HomeMy WebLinkAbout2004-10-26; City Council; Resolution 2004-3411
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RESOLUTION NO. 2004-341
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A MEMORANDUM OF
UNDERSTANDING, ACCEPTING A CONSERVATION
EASEMENT, AND EXECUTING A QUITCLAIM OVER CERTAIN
PROPERTY OWNED BY THE COUNTY OF SAN DIEGO.
WHEREAS, the industrial development project known as Carlsbad Oaks North
(CT 97-13 and EIR 98-08) was approved by the Carlsbad City Council on October 8, 2002,
including approvals for construction of Faraday Avenue and El Fuerte Street which are
important arterial roadways in the Carlsbad General Plan; and
WHEREAS, EIR 98-08 included mitigation measures for impacts to wildlife
habitat and biological resources due to the project; and
WHEREAS, in partial satisfaction of the mitigation measures, Techbilt
Construction Corporation (Techbilt) proposes to purchase a Conservation Easement over a
portion of land owned by the County of San Diego Department of Public Works-Airports,
contiguous with the Carlsbad Oaks North project site and having high value for wildlife
conservation purposes; and
WHEREAS, a Memorandum of Understanding (MOU) has been prepared by and
between the City of Carlsbad, the County of San Diego, Techbilt and the Center for Natural
Lands Management (CNLM) whereby Techbilt will pay the County agreed upon compensation
for a Conservation Easement over 108.4 acres to be conveyed to the City of Carlsbad; and
WHEREAS, the City Council has determined that signing the MOU and accepting
the Conservation Easement would be in the best interest of the City of Carlsbad and the public
interest by facilitating satisfaction of a portion of the mitigation requirements stated in EIR 98-08,
including impacts due to construction of Faraday Avenue and El Fuerte Street, and by adding
the conserved area to the City’s Habitat Management Plan preserve system; and
WHEREAS, the City Council intends to transfer the Conservation Easement to a
conservator with demonstrated experience and expertise in the stewardship of such areas,
accompanied by an endowment funded by Techbilt in an amount adequate to fund all necessary
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and required management and monitoring tasks to the satisfaction of the parties to the MOU, in
perpetuity.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Carlsbad finds and resolves as follows:
1. That the above recitations are true and correct.
2. That the MOU is attached hereto as Attachment A, the Conservation
Easement is attached hereto as Attachment B, and the Quitclaim attached hereto as
Attachment C.
3. That the City Manager is hereby authorized to sign the MOU with the
County of San Diego , Techbilt and CNLM and to accept the Conservation Easement over 108.4
acres of land owned by the County of San Diego.
4. That the City Manager is authorized to take such other actions as are
necessary and appropriate to implement this matter.
5. That the Quitclaim transferring the Conservation Easement to CNLM is
hereby approved for execution by the Mayor and recordation immediately upon conveyance of
the Conservation Easement to the City from the County of San Diego.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the 26th day of October , 2004, by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Kulchin, Hall and Packard.
NOES: None
n ABSENT: None A
ATTE8T:
(SEAL)
4 -2-
FOR COUNCIL MEETING
ITEM #2
/@-s&-Qy
October 22,2004
TO: Mayor and City Council
FROM: City Attorney
OFFSITE CONSERVATION EASEMENT FOR CARLSBAD OAKS NORTH
I NOUSTRIAL PROJECT
This memo is to advise you that attachment B to Resolution No. 2004-341 , which is
missing from your packet, is actually a duplicate of Exhibit C to the MOU, the
Conservation Easement Deed from the County of San Diego to the City of Carlsbad.
Therefore, you have all of the documents for consideration and Exhibit C to the MOU
should function as attachment B to the Resolution.
Mr. Rideout should point this out in his presentation to the Council at the meeting.
~ANE MOBALDI
Assistant City Attorney
rmh
c: City Clerk
City Manager
City Attorney
Principal Planner Rideout
MEMORANDUM OF UNDERSTANDING BETWEEN TECHBILT CONSTRUCTION
COW., THE CITY OF CARLSBAD AND THE COUNTY OF SAN DIEGO
Techbilt Construction Corp., a California corporation (“Techbilt”), the City of Carlsbad, a
municipal corporation (“City”), County of San Diego, a political subdivision of the State of
California (”County”), and the Center for Natural Lands Management (CNLM) collectively referred
to herein as “Parties”, have jointly determined that it is in the best interest of each and the public to
cooperate in the remediation of the impacts of the proposed extension of Faraday Avenue and South
Agua Hedionda Sewer Interceptor through the McClellan-Palomar Airport (“Airport”).
RECITALS
A. The Airport is a commercial service facility located on 486 acres in the City of
Carlsbad, County of San Diego. The Airport is owned and operated by the County. All easements
and rights-of-way granted over Airport property and acquisitions of property for Airport use are
subject to the oversight and approval of the Federal Aviation Administration (“FAA’).
B. On August 8, 1997, through a Settlement Agreement (hereinafter “Settlement
Agreement”) between the City, County and Coast Waste Management, Inc., the County agreed to
provide the City with an 84 foot wide right-of-way (“Right-Of-Way”) for public street and public
utility purposes together with necessary construction access, slope and drainage rights for the
extension of Faraday Avenue from Orion Street to the border between the Cities of Vista and
Carlsbad over Airport property.
C. The extension of Faraday Avenue through the Right-of-way is a major component of
the circulation element in the City of Carlsbad’s General Plan. The City has made the extension of
Faraday Avenue through the Right-of-way a requirement for any further development of property to
the east of the Airport. Techbilt proposes to develop land within the City of Carlsbad to the east of
the Airport. As a condition for approval of this development, the City has required Techbilt to
complete an extension of Faraday Avenue through the Right-of-way.
D. An Environmental Impact Report prepared for the project proposed by Techbilt and
on file with the State Office of Planning and Research as SCH No. 2000051057 identified impacts to
habitat for the coastal California gnatcatcher. The U.S. Department of the Interior, Fish and
Wildlife Service (the “Service”) and California Department of Fish and Game (“CDFG’), have
determined that mitigation requirements for these impacts would be satisfied in part by granting a
108.4 acre conservation easement (“Conservation Easement”) to the City in perpetuity over County
Airport land all as shown on the map attached hereto and incorporated herein by this reference as
Exhibit “A”, with the attendant habitat conservation management duties undertaken by the Center for
Natural Lands Management (“CNLM”)
E. The Conservation Easement has an appraised value of $1.95 million. Techbilt has
offered the County a 2.002 acre fully developed industrial lot with an appraised value of $1.22
Page 1 of 6 SDF’UBUUBV268497
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million and $730,000 cash as consideration for the appraised value of the Conservation Easement.
The County Mitigation Land Bank Committee has determined that the County has no need for the
108.4 acres that will be encumbered by the Conservation Easement for mitigation in the foreseeable
future.
F. The purpose of this Memorandum of Understanding (“Memorandum”) is to
memorialize the Parties’ understanding surrounding the terms and conditions whereby the
Conservation Easement may be conveyed to City by County as partial mitigation for the impacts of
Techbilt’s proposed development and Faraday Avenue extension.
AGREEMENT
NOW, THEREFORE, the Parties agree as follows:
1. In exchange for seven hundred thirty thousand dollars and no cents ($730,000) plus
fee title, free and clear of any and all accrued taxes (whether or not delinquent), liens,
encumbrancedeasements adversely affecting -the value of the lot, assessments, leases (recorded
andor unrecorded) or defects in title to a 2.002 acre, fully developed industrial lot (valued at
$1,220,000.00) in Carlsbad Oaks East Industrial Park as more particularly identified in Exhibit “B”
hereto, County shall convey to City and record in the Official Records of San Diego County,
California, the Conservation Easement in the form attached hereto as Exhibit “C”.
2. Prior to conveying the Conservation Easement to City, Techbilt shall provide County
with a CLTA or ALTA standard owner’s policy of title insurance, from a company reasonably
acceptable to County, insuring the County, and its officers, agents and employees from any and all
loss or damage suffered by reason of any and all liens or encumbrances, defects in title or
incorrectness of searches of title for the 2.002 acre lot. Techbilt shall also provide County with such
funds as may be required by County to provide City with any policy or policies of title insurance for
the easement area in accordance with the Conservation Easement.
3. Techbilt shall convey the industrial lot to the County of San Diego, Department of
Public Works Airports, by a Grant Deed in a form acceptable to County. Techbilt shall be
responsible for paying all accrued taxes (whether or not delinquent), assessments, fees and any other
charges due and owing on the industrial lot at the time it is conveyed to County. Techbilt shall pay
all escrow fees, recording costs, association charges and any other transaction costs necessary to
convey title to the lot to County.
4. It is understood by the Parties that the County will have an Environmental
Assessment Report prepared for the 2.002 acre industrial lot. This report must be reviewed and
approved by the County prior to the transfer and recording of this lot to the County. County, at its
sole discretion, has the right to void this Memorandum and any documents executed pursuant to the
Memorandum at any time prior to recordation of the Grant Deed for the lot, should the
Environmental Assessment reveal any hazardous, volatile or other materials that may adversely
affect its value.
SDPuBUUBO68497 Page 2 of 6
5. Pursuant to the terms of this agreement and the attached Conservation Easement,
immedately after transfer of the Conservation Easement to the City of Carlsbad, the City shall
transfer the easement to the CNLM. The CNLM shall accept the Conservation Easement from the
City of Carlsbad.
6. An Endowment Fund shall be established by Techbilt in an amount acceptable to the
City, County, CNLM, CDFG, and Service. The amount will be adequate to preserve the
Conservation Values of the Conservation Easement in perpetuity. Concurrent with the recording of
the transfer of the Conservation Easement from the City of Carlsbad to CNLM , Techbilt shall
transfer the Endowment Fund to the CNLM.
7. The CNLM shall maintain and prudently invest the Endowment Fund to provide
income and earnings that will be used to preserve the Conservation Values of the Conservation
Easement in perpetuity.
8. The County shall make to City an Irrevocable Offer To Dedicate Real Property For
Public Street And Public Utility Purposes (“IOD”) over the area within the Right-of-way in
accordance with the terms of the Settlement Agreement. The IOD to be conveyed to City by County
shall be recorded in the Official Records of San Diego County, California, in the form attached
hereto as Exhibit “D’,. Any changes to the form of the IOD attached hereto as Exhibit “D” shall
require the prior written approval of the City and County. Techbilt and/or other developer’s required
by City shall be solely responsible for installing at their expense all road improvements, including
but not limited to, all curb, gutter, sidewalk, drainage, and traveled surface improvements, within the
IOD area described in Exhibit “D” to the satisfaction of City. The construction and all subsequent
maintenance, repair and rehabilitation of facilities and improvements shall be at no cost to County.
Techbilt, at its sole cost and expense, shall obtain and comply with all necessary
Federal, State and local government permits, approvals and authorizations required for the
establishment, conservation, restoration, maintenance and monitoring of the Conservation Easement
in perpetuity. This shall include, but not be limited to the following: Regional Water Quality
Control Board 40 1 Clean Water Certification - file number 02C093; U.S. Army Corps of Engineers
404 Permit number 2002-00641-RJL; and State Department of Fish and Game 1603 Stream Bed
Alteration Agreement number R-5-2002-02 18.
9.
10. Techbilt’s obligations under this Agreement shall be binding upon any and all of
Techbilt’s successors, assigns and beneficiaries. Notwithstanding the foregoing, there will be no
assignment, transfer or conveyance of any interest in the Conservation Easement between the County
and Techbilt, or dissolution of the endowment fund to CNLM required to be established by Techbilt
without full disclosure to and written approval from all Parties, CDFG and the Service.
11. The County and the City mutually agree that each, their agents, officers and
employees shall not be held liable to the other for any claims, liabilities, penalties, fines or for
damage to any goods, properties or effects of any person whatsoever, nor for personal injuries to or
SDPUB\RLB\268497 Page 3 of6
deaths of them, or any of them, caused by or resulting from any acts or omissions authorized by this
Memorandum. Techbilt agrees to indemnify, defend and save free and harmless the County and City
and their agents, officers and employees against any of the foregoing liabilities and any costs and
expense, including but not limited to, reasonable attorneys' fees, incurred by each on account of any
claim therefor, including but not limited to, claims by reason of alleged defects in title to any
property interest conveyed, the establishment, conservation, restoration, maintenance and monitoring
of the Conservation Easement in perpetuity, or any other work or services done or provided to any of
the Parties pursuant to this Memorandum.
12. Any notice required or permitted under this Memorandum may be personally served
on the Parties, by the party giving notice, or may be served by certified mail, return receipt requested,
to the following addresses:
COUNTY:
County of San Diego
Department of Public Works
1960 Joe Crosson Drive
El Cajon, CA 92020-1236
Attn: Airports Director
CITY:
City Engineer
City of Carlsbad
163 5 Faraday Avenue
Carlsbad, CA 92008
TECHBILT:
Techbilt Construction Corp., a California corporation
3575 Kenyon Street
San Diego, CA 921 10
CNLM:
Center For Natural Lands Management:
425 E. Alvarado Street, Suite H
Fallbrook, CA 92028
13. The signatories to this Memorandum represent and warrant that they have the
requisite authority to enter into ~s Memorandum on behalf of the party for whom they sign.
14. This Memorandum shall be effective as of the latter of the dates of its approval by the
County, the City and Techbilt and shall continue in full force until termination upon completion of the
actions agreed upon herein or the mutual written consent of the Parties.
15. This Memorandum represents the entire understanding of the Parties as to those
SDPUBWE68497 Page 4 of 6
matters contained herein. No prior oral or written understanding shall be of any force or effect with
respect to the matters covered herein. This Memorandum may not be modified, amended or altered
except in writing signed by each of the Parties. Any changes to the form of the Conservation Easement
attached hereto as Exhibit “C” shall require the prior written approval of the Parties, CDFG and Service.
16. Should any part of this Memorandum be held to be invalid by a court of competent
jurisdiction, the remainder of the Memorandum shall be considered as the whole agreement and be
bindmg on the Parties.
17. This Memorandum shall be construed in accordance with and governed by the laws of
the State of California. This Memorandum shall be deemed made and entered into in San Diego County,
California which shall also be deemed to be the sole and proper venue for any action or proceeding
relating to this Memorandum.
18. This Memorandum and each of the Exhibits hereto shall be subject to the review and
approval of the FAA, the CDFG and the Service. If, for any reason, any of these agencies disapprove of
this Memorandum or of any of the Exhibits hereto, the Memorandum shall be of no force and effect and
considered void ab initio unless the Parties consent to an amendment or modification of the
Memorandum which is acceptable to the agencies. If the Memorandum is deemed void, the
Conservation Easement and IOD contemplated herein shall likewise be void and of no force and effect,
and the Parties agree to take whatever steps may be necessary to acknowledge this fact.
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SDPUBUUBY268497 Page 5 of 6
IN WITNESS WHEREOF, the Parties hereto have caused this Memorandum to be signed the month,
day and year below written.
COUNTY OF SAN DIEGO Dated: COlN. 04
Clerk of the Board of Supervisors
Dated: /O(a7,hq CITY OF CARLSBAD
Raymond R. Patchett, City Manager
CTION COW.
Paul K. Sng, President
Dated: Dated: t3- I 8- 04 I
A roved and/or authorized by the Board
&tpmMinute Order No.= THOMAS J. PASTUSZKA
!l of e County of San Di
couNTycouNsEL
Page 6 of 6 SDPuBwLBV268497
PLANN I NG ;7604348367 # 8/ 39
Exhibit “A”
Map of Airport Land
PALOMAR AIRPORT LAYOUT PLAN INSERT
PROPERTY EAST OF EL CAMINO REAL
WADELL ENGINEERING CORPORATION --YAY AlkFORl PLWING . ENGINEERNC . UbN4GEMENT
COUNTY OF SAN BIEGO
DEPARTMENT OF PUBLIC WORKS
5555 DYERLAND AVENUE SAM DIEGO CA 92t2S-1295
Exhibit A
PA-OMAR COA5-
WASTE MANAGCMENT SITE
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PLANN I NG ;7604348367 # 11/ 39
Exhibit “B“
Carlsbad Oaks East Industrial
Park
Page 1 of 4
Exhibit B
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LEGAL DESCRIPTION
Real property in the City of Carlsbad, County of San Diego, State of California, described as
follows:
PARCEL 1A:
PARCEL A OF PARCEL MAP NO. 15562, IN THE UM OF CARLSBAD, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNlY RECORDER OF SAN DIEGO
COUNTY, FEBRUARY 9, 1989 AS FILE NO. 89-070363 OF OFFICIAL RECORDS.
PARCEL 1B:
AN EASEMENT FOR PRIVATE STORM DRAIN PURPOSES OVER A PORTION OF LOT 37 OF
CARLSBAD TRACT NO. 74-21, IN THE CITY OF CARLSBAD, COUNn OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 10372, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 13,1982, MORE PARTICULARLY
DESCFUBED AS FOLLOWS:
A STRIP OF LAND 20.00 FEET IN WIDTH LYING 10.00 FEET ON EACH SIDE AND PARALLEL
Wml THE FOLLOWING DESCRIBED CENTERLINE:
COMMENCING ATTHE MOST WESTERLY CORNER OF SAID LOT 37; THENCE SOUTH 61 DEG.
12'09" EAST 20.00 FEET TO A POINT ON THE ARC OF NON-TANGENT 356.00 FOOT RADIUS
CURVE CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUM 61 DEG.
12'09" EAST; THENCE NORTHEAmRLY ALONG ME ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 16 DEG. 35'56", A DISTANCE OF 103.14 FEET; THENCE NORTH 12 DEG.
11'55" EAST 156.58 FEET TO THE TRUE POINT OF BEGINNING OF SAID CENTERLINE; THENCE
CONTINUING NORTH 12 DEG. 11'55" EAST 111.25 FEETTO THE BEGINNING OF A TANGENT
244.00 FOOT RADIUS CURVE CONCAVE SOUT-HEASERLY; THENCE NORTHEASTERLY ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 37 DEG. 26'32", A DISTANCE OF
159.45 FEET TO THE POINT OF TERMINUS OF SAID CENTERLINE.
ME SIDELINES OF SAID EASEMENT SHALL BE SHORTENED OR mNDED TO BEGIN ON A
LINE WHICH BEARS NORTH 49 DEG. 35'19" WESTTHROUGH ME TRUE POINT OF BEGINNING
AND SHALL END ON A LINE WHICH BEARS NORTH 19 DEG. 55'02" WESTTHROUGH THE POINT
OF TERMINUS.
PARCEL 1C:
AN EASEMENT FOR PRIVATE STORM DWN PURPOSES OVER A PORTION OF LOT 37 OF
CARLSBAD TRACT NO. 74-21, IN ME Crry OF CARLSBAD, COUMY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 10372, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 13,1982, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
A STRIP OF LAND 20.00 FEET IN WIDTH LYING 10.00 FEET ON EACH SIDE AND PARALLEL
WN THE FOLLOWING DESCRIBED CENTERLINE:
COMMENCING ATTHE MOST WESTERLY CORNER OF SAID LOT 37; THENCE SOUTH 61 DEG.
12'09" EAST 20.00 FEETTO THE TRUE POINT OF BEGINNING OF SAID CENTERLINE, BEING A
Page 3 of 4
POINT ON THE ARC OF NON-TANGEM 356.00 FOOT RADIUS CURVE CONCAVE
NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 61 DEG. 12'09" EAST;
THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
16 DEG. 35'56", A DISANCE OF 103.14 FEET; THENCE NORTH 12 DEG. 11'55" EAST 156.58
FEETTO THE POINT OF TERMINUS OF SAID CENTERUNE.
THE SIDELINES OF SAID EASEMENT SHALL BE SHORTENED OR EXTENDED TO BEGIN ON SAID
RADIAL LINE WHICH BEARS SOUTH 61 DEG. 12'09" EAST 'MROUGH THE TRUE POINT OF
BEGINNING AND SHALL END ON A LINE THAT BEARS NORTH 49 DEG. 35'19" WER- THROUGH
ME POINT OF TERMINUS.
PARCEL 1D:
A RECIPROCAL EASEMENT AND MAINTENANCE AGREEMENT AND APPURTENANCES THERETO,
OVER, UNDER, ALONG AND ACROSS THAT PORTION OF PARCEL A & B OF PARCEL MAP NO.
15562, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN
THE OFFICE OF THE COUNM RECORDER OF SAN DIEGO COUNTY, FEBRUARY 9, 1989 AS FILE
NO. 89-070363 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID PARCEL "A"; THENCE NORTH 49 DEG.
35'19" WES 41.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 40 DEG. 24'41"
EAST 55.00 FEET; THENCE NORTH 49 DEG. 35'19" WEST 24.00 FEET; THENCE SOUTH 40 DEG.
24'41" WEST 110.00 FEET; THENCE SOUTH 49 DEG. 35'19" EAST 24.00 FEET; THENCE NORTH
40 DEG. 24'41" EAST 55.00 FEET TO THE TRUE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION LYING WITHIN PARCEL A HEREINABOVE DESCRIBED,
ALL AS SET FORTH AND DESCRIBED IN THAT CERTAIN RECIPROCAL EASEMENT AND
MAINTENANCE AGREEMENT RECORDED MARCH 12,1993, AS FILE NO. 1993-0157125 OF
OFFICIAL RECORDS.
PARCEL 1E:
A RECIPROCAL EASEMENT AND MAINTENANCE AGREEMENT AND APPURTENANCES THERETO,
OVER, UNDER, ALONG AND ACROSS THAT PORTION OF PARCELS A & B OF PARCEL MAP NO.
15562, IN THE crpl OF CARLSBAD, COUNiY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN
ME OFFICE OF THE COUNM RECORDER OF SAN DIEGO COUNTY, FEBRUARY 9,1989 AS FILE
NO. 89-070363 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF SAID PARCEL "B", SAID CORNER BEING
LOCATED ALONG THE SOUM LINE OF LOKER AVENUE W SAID SOUTH LINE LYING ALONG A
CURVE CONCAVE SOUTHEAgERLY, HAVING A RADIUS OF 264.00 FEET AND TO WHICH POINT
OF BEGINNING A RADIAL LINE BEARS SOUTH 38 DEG. 44'56" EASf; THENCE SOUTHWESTERLY
17.90 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 3 DEG. 53'08"; THENCE
S0Ul-H 36 DEG. 44'56" EAST 20.00 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE
WESTERLY AND HAVING A RADIUS OF 30.00 FEET; THENCE SOUTHEASI-ERLY 15.30 FEET
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 29 DEG. 13'47"; THENCE SOLJTH 9 DEG.
31'09" EAST 26.76 FEET; THENCE SOUTH 49 DEG. 35'19" EA= 25.00 FEET; THENCE NORTH 40
DEG. 24'41" EASJ 15.00 FEETTO THE BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY
AND HAVING A RADIUS OF 15.00 FEET; THENCE NORTHERLY 13.37 FEET ALONG SAID CURVE
THROUGH A CENTRAL ANGLE 51 DEG. 05'18"; THENCE NORTH 10 DEG. 45'37" EAST 44.34 FEET
TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A
RADIUS OF 20.00 FEET; THENCE NORTHWETERLY 9.80 FEET ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 28 DEG. 04'19"; THENCE NORM 38 DEG. 44'56" WEST 23.50 FEET TO THE
First American TTtle
Page 4 of 4
BEGINNING OF A NON-TANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF
264.00 FEET AND TO WHICH POINT A RADIAL LINE BEARS NORTH 34 DEG. 46'35" WEST SAID
CURVE BEING ME SOUTHERLY LINE OF LOKER AVENUE EAST; THENCE SOUTHWES-ERLY
18.30 FEET ALONG SAID CURVE THROUGH A CEmL ANGLE OF 3 DEG. 58'21" TO THE POINT
OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION LYING WITHIN PARCEL A HEREINABOVE DESCRIBED,
ALL AS SET FORTH AND DESCRIBED IN THAT CERTAIN RECIPROCAL EASEMENT AND
MAINTENANCE AGREEMENT RECORDED MARCH 12, 1993 AS RLE NO. 1993-0157125 OF
OFFICIAL RECORDS.
APN: 209-083-12-00
HKt American 77t.e
PLANN I NG ;7604348367 # 16/ 39
Exhibit “C”
Conservation Easement
WHEN RECORDED, PLEASE RETURN THIS INSTRUMENT TO:
City Clerk
City of Carlsbad
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
AND A COPY TO:
Department of Fish and Game
Natural Community Conservation Planning
4949 Viewridge Avenue
San Diego, CA 92123
United States Department of the Interior
Fish and Wildlife Service
601 0 Hidden Valley Road
Carlsbad, CA 92009
Space Above Line for Recorder‘s Use Only
Assessor’s Parcel No. Portion 209-050-25-00
Project No. & Name Faradav Ave. Ext. County Parcel No. 2004-0045-8
CONSERVATION EASEMENT DEED
THIS CONSERVATION EASEMENT DEED is made this Nqay of bckher, 2004, by the County of San Diego, a political subdivision of the State of California (“Grantor”), in favor of the
City of Carlsbad, a municipal corporation (“Grantee“), with reference to the following facts.
RECITALS
A. Grantor is the sole owner in fee simple of certain real property consisting of 108.4
acres in the City of Carlsbad, County of San Diego, State of California, more particularly
described in Exhibit “A attached hereto and incorporated by this reference (the “Property”).
B. The Property provides critical habitat for the coastal California gnatcatcher
(Polioptila californica) that was listed as a threatened species on March 30, 1993 (58 Federal Register 16742), and has significant value for the conservation of the species (hereinafter
”Conservation Values”).
C. Grantee is authorized to hold conservation easements for the preservation of land in
its natural, scenic, agricultural, historical, forested, or open space condition. Grantee has authority
to hold easements for these purposes pursuant to California Civil Code Section 81 5.3(b).
D. The State of California, by and through its Department of Fish and Game (UCDFG”), has jurisdiction, pursuant to Section 1802 of the Fish and Game Code, over the conservation,
protection, and management of fish, wildlife, native plants and the habitat necessary for
biologically sustainable populations of those species.
E. The United States Department of the Interior, 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
Page 1 of 10
Species Act, 16 U.S.C. section 1531, et seq. (“ESA), the Fish and Wildlife Coordination Act, 16 U.S.C. section 661-666c, and other applicable laws. The USFWS has issued a biological opinion
known as ‘Biological Opinion on the Carlsbad Oaks North Specific Plan in the City of Carlsbad, San Diego County, California; FWS Log No. 1-6-01 -F-2874; Corps File No. 200200641 -RJL”.
Said Biological Opinion concerns itself with both the Property and an adjacent proposed industrial
park.
F. Grantor intends to convey to Grantee an easement in perpetuity to protect the
Conservation Values of the Property. Grantee, in turn, intends to convey any and all responsibilities it may acquire by virtue of this grant of easement to the Center for Natural Lands
Management, Inc. (“CNLM”), a California non-profit corporation organized for the purpose of conservation and eligible to hold conservation easements under California Civil Code Section
815, or such other conservator as may be acceptable to Grantor, CDFG and USFWS.
Concurrent with the recording of the transfer to CNLM, Techbilt Construction Corp., a California
corporation, will transfer an Endowment Fund to CNLM, which will be prudently invested to
provide income and earnings that will be used to preserve the Conservation Values of this Conservation Easement Deed in perpetuity.
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 81 5, et
seq., Grantor hereby voluntarily deeds and conveys to Grantee a conservation easement in
perpetuity over the Property of the nature and character and to the extent hereinafter set forth.
1. Purpose. The purpose of this easement is to ensure the Property will be preserved in a natural condition in perpetuity and to prevent any use of the Property that will materially
impair or interfere with the Conservation Values of the Property. Grantor intends that this easement will confine the use of the Property to such activities, including without limitation, those
involving the preservation and enhancement of native species and their habitat in a manner
consistent with the habitat conservation purposes of this easement.
2. Riahts of Grantee. To accomplish the purposes of this easement, Grantor hereby
grants and conveys the following rights to Grantee:
(a) To preserve and protect in perpetuity the Conservation Values of the
Property in accordance with this easement;
(b) To enter upon the Property at reasonable times in order to monitor compliance with and to otherwise enforce the terms of this easement, including Grantor’s
obligation to manage the Property consistent with Grantor’s duties as set forth in section 4 and for scientific research and interpretive purposes by Grantee or its designees;
(c) To prevent any activity on or use of the Property that is inconsistent with
the purposes of this easement and to restore the Conservation Values andlor 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 easement;
(4 All mineral, air and water rights necessary to protect and sustain the
biological resources of the Property; and
(e) To enforce by means, including, without limitation, injunctive relief, the
terms and conditions of the easement.
3. Prohibited Uses. Any activity on or use of the Property inconsistent with the habitat conservation purposes of this easement and not specifically reserved as a right of Grantor is
Page 2 of 10
prohibited. Without limiting the generality of the foregoing, the following uses by Grantor,
Grantor's agents, and third parties, are expressly prohibited unless specifically provided for through the regional Multiple Habitat Conservation Program or the City of Carlsbad Open Space
Management Plan. These prohibitions shall not be construed as restricting the Grantor or Grantee from using herbicides, rodenticides or pesticides, performing maintenance and
monitoring, removing invasive plant species, entering the property using off-road vehicles, or
erecting signs as needed for the protection of the Conservation Values of the Property.
(a) Unseasonal watering, use of herbicides, rodenticides, or weed
abatement activities, incompatible fire protection activities and any and all other uses which may
adversely affect the purposes of this easement;
(b) Use of off-road vehicles;
(c) Grazing or surface entry for exploration or extraction of minerals;
(d) Excavating, dredging or removing of loam, gravel, soil, rock, sand or
other material;
(e) Otherwise altering the general topography of the Property, including
building of roads or changing the grade of the Property;
(f) Removing, destroying, planting or cutting of trees, shrubs, or other
vegetation, except as required by law for (1) firebreaks, (2) maintenance of existing foot trails or
roads, (3) Compliance with any rules, regulations or policy issued by the Federal Aviation Administration ("FAA") for the management of aviation impacted land, or (4) prevention or
treatment of disease or protection of Conservation Values.
(9) Recreational activities including, but not limited to, horseback riding, biking, hunting or fishing, except as may be specifically permitted under this Conservation
Easement Deed; (h) Commercial or industrial uses;
0)
0)
Any legal or de facto division, subdivision or partitioning of the Property;
Erection of any building, billboard or sign,
(k) Depositing or accumulation of soil, trash, ashes, refuse, waste, bio-solids or any other materials;
(1) Planting, introduction or dispersal of non-native or exotic plant or animal species; (m) Filling, dumping, excavating, draining, dredging, mining, drilling,
removing or exploring for or extraction of minerals, loam, soil, sands, gravel, rocks or other
material on or below the surface of the Property;
(n) Manipulating, impounding or altering any natural water course, 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.
4. Grantor's Duties. Grantor shall fully cooperate with Grantee in effectuating
Grantee's actions to prevent unlawful entry and trespass by persons whose activities may degrade or harm the Conservation Values of the Property. Grantor shall undertake all necessary
actions to protect Grantee's rights under section 2 of this easement.
5. Reserved Riahts. Grantor reserves to itself, and to its personal representatives,
heirs, successors, and assigns, all rights accruing from its ownership of the Property, including
Page 3 of 1 0
the right to engage in or to permit or invite others to engage in all uses of the Property that are
consistent with the purposes of this easement. Grantor further reserves for the benefit of the
public those rights required to be reserved by the FAA over aviation impacted land, to wit:
(a) The right of flight for the passage of aircraft in the airspace above said
easement, together with the right to cause in said airspace such noise and such incidence of flight as may be inherent in the operation of aircraft, now known or hereafter used for navigation
or of flight in air, using said airspace, taking off from, landing at or operating on the McClellan-
Palomar Airport ("Airport").
(b) The right to require the removal of any buildings, structures, facilities,
trees, vegetation or other objects infringing upon or extending into the Airport clear zone
approach, take-off or flight surface, together with the right to prohibit the future installation of any
buildings, structures, facilities, trees, vegetation or other objects which would infringe upon or
extend into said surface.
(c) The right of ingress to and egress from, and passage over the herein described easement, for the above purposes.
6. Grantee's Remedies. If Grantee determines that there is a violation of the terms of this easement or that a violation is threatened, Grantee shall give written notice to the violator and
demand in writing corrective action sufficient to cure the violation. Grantee shall also notify the Grantor, CDFG and USFWS of the violation. If the violation is not cured within thirty (30) days after receipt of said written notice and demand from Grantee, or if the cure reasonably requires
more than thirty (30) days to complete and the violator fails to begin the cure within the thirty (30) day period or fails to continue diligently to complete the cure, Grantee may bring an action at law
or in equity in a court of competent jurisdiction to enforce the terms of this easement, to recover
any damages to which Grantee may be entitled for violation of the terms of this easement, to enjoin the violation, ex parte as necessary, by temporary or permanent injunction without the
necessity of proving either actual damages or the inadequacy of otherwise available legal remedies, or for 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. Grantee may apply any damages recovered to the cost of undertaking any corrective action on the Property.
If Grantee, in its sole discretion, determines that circumstances require immediate action to prevent or mitigate significant damage to the Conservation Values of the Property,
Grantee may pursue its remedies under this paragraph without prior notice to Grantor, CDFG or
USFWS or without waiting for the period provided for cure to expire. Grantee's rights under this paragraph apply equally to actual or threatened violations of the terms of this easement. Grantor
agrees that should Grantee's remedies at law for any violation of the terms of this Conservation Easement Deed be reasonably determined by Grantee to be inadequate 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 easement, without the necessity of proving either actual damages or the
inadequacy of otherwise available legal remedies. Grantee's 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 815, et seq,,
inclusive.
6.1. Costs of Enforcement. Any costs incurred by Grantee in enforcing the
terms of this easement against Grantor, including, but not limited to, costs of suit and attorneys'
fees, and any costs of restoration necessitated by Grantor's violation or negligence under the
terms of this easement shall be borne by Grantor. To the extent permitted by law, Grantee shall
be entitled to recover costs of enforcing the terms of this easement against a third party, including, but not limited to, costs of suit and attorneys' fees.
Page 4 of 10
6.2. Grantee's Discretion. 'Enforcement of the terms of this easement by Grantee shall be at the discretion of Grantee, and any forbearance by Grantee to exercise its
rights under this easement 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 easement or of any of the
Grantee's rights under this easement. No delay or omission by Grantee in the exercise of any right or remedy upon any violation of the terms and conditions of this easement shall impair such
right or remedy or be construed as a waiver.
6.3. Acts Bevond Grantor's Control. Nothing contained in this easement shall
give the Grantee authority to bring any action against Grantor for any injury or change in the
Property resulting from causes beyond Grantor's control, including but not limited to, fire, flood, storm, and earth movement, the actions of third parties not directed or controlled by Grantor or
any prudent action taken by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to the Property resulting from such causes.
6.4. CDFG, USFWS, CNLM and Other Entities, Riaht of Enforcement. CDFG
and USFWS shall be third party beneficiaries of the rights granted to Grantee by this easement.
All rights and remedies conveyed to Grantee under this easement shall extend to and are
enforceable by the CDFG, USFWS, CNLM and any other conservator responsible for protecting the Conservation Values of the Property. Notwithstanding Civil Code Section 81 5.7, the
California Attorney General, CDFG, USFWS, CNLM and any conservator responsible for protecting the Conservation Values of the Property shall have standing as an interested party in
any proceeding affecting this easement.
7. Manaaement. Maintenance, Rehabilitation and Replacement of Conservation
Values bv Grantee. Management, maintenance, rehabilitation and replacement of the Conservation Values of the Property shall be the responsibility of Grantee.
8. Access. This easement does not convey a general right of access to the public. Grantee and Grantee's designated contractors or subcontractors shall have the right to enter the
Property to perform the required management, maintenance, rehabilitation and replacement of
the Conservation Values of the Property. After receiving approval from Grantor, not to be unreasonably withheld, access for scientific research and interpretive purposes, may be reserved
to the Grantee, CDFG and USFWS or to any designee of Grantee, CDFG and USFWS.
9. Costs and Liabilities. Grantor shall bear all costs related to the ownership,
operation, upkeep, and maintenance of the Property unassociated with the preservation of the Conservation Values.
9.1. Taxes. Grantor or subsequent transferees of the Property shall pay before delinquency all taxes, assessments, fees, and charges of whatever description levied on or
assessed against the Property by competent authority (collectively "taxes"), excluding any taxes
imposed upon, or incurred as a result of, this easement, and shall furnish Grantee with
satisfactory evidence of payment upon request. Any taxes resulting from the establishment of the
easement shall be paid from the Endowment Fund. Grantee shall not undertake any activity on the Property that may increase Grantor's liability for taxes without Grantor's consent, which
consent shall not be unreasonably withheld.
9.2. Condemnation. The purposes of the easement are presumed to be the best and most necessary public use as defined at Code of Civil Procedure Section 1240.680
notwithstanding Code of Civil Procedure Sections 1240.690 and 1240.700.
10. Subseauent Transfers bv Grantor. Grantor agrees to incorporate the terms of this
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 further
agrees to give written notice to Grantee, CDFG and USFWS of the intent to transfer any interest
Page 5 of 10
at least forty-five (45) days prior to the date of such transfer. Grantee shall have the right to
prevent subsequent transfers in which prospective subsequent claimants or transferees are not given notice of the covenants, terms, conditions and restrictions of this easement. The failure of
Grantor or Grantee to perform any act provided in this section shall not impair the validity of this easement or limit its enforceability in any way. Grantor may grant easements related to the
Carlsbad Oaks North, Faraday Avenue and other projects of the County of San Diego, City of Carlsbad and/or other local government bodies and utilities as long as the easements do not
interfere with the Conservation Values of the Property. Grantor shall not grant any other additional easements, rights of way or other interests in the Property (other than a security
interest that is subordinate to this Conservation Easement Deed), or grant or otherwise abandon or relinquish any water agreement relating to the Property, without first obtaining the written
consent of Grantee, CDFG and USFWS. Grantee, CDFG or USFWS may withhold such consent
if the proposed interest or transfer is inconsistent with the purposes of this Conservation
Easement Deed or will impair or interfere with the Conservation Values of the Property. This section shall not prohibit transfer of a fee or leasehold interest in the Property that is subject to
this Conservation Easement Deed.
1 1. Subseauent Transfers or Assianment of Easement bv Grantee: Grantee hereby
informs Grantor that Grantee intends to immediately convey the easement to the Center for Natural Lands Management (CNLM), a California non-profit public benefit corporation and that
CNLM will assume Grantee's duties hereunder. With this transfer, the City of Carlsbad will become a third party beneficiary to this easement and will have the same authority as the Grantee to enforce Grantee's rights under this easement. CNLM may not transfer, assign, or
extinguish this easement without the prior written approval of County, CDFG, USFWS and the
City of Carlsbad. Grantee or CNLM may assign its rights and obligations under this easement
only to an entity or organization authorized to acquire and hold conservation easements pursuant
to Civil Code Section 815.3 and only if any consent required from County, CDFG, USFWS and City of Carlsbad is obtained. Grantee shall require the assignee to record the assignment in San
Diego County, California. Upon any transfer of this Conservation Easement Deed, CNLM or any subsequent Grantee shall also transfer any remaining Endowment Funds to the new Grantee with
the easement. In the event the CNLM or subsequent Grantee is being dissolved, this Conservation Easement Deed and the remaining Endowment Funds shall be transferred to the City of Carlsbad, in conformance with any requirements of the California Corporations Code
relating to dissolution of non-profit corporations.
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 specify to the other parties in writing:
To Grantor:
To Grantee:
With a copy to:
County of San Diego
Department of Public Works
1960 Joe Crosson Drive
El Cajon, CA 92020-1 236
Attn: Airports Director
City Clerk
City of Carlsbad 1200 Carlsbad Village Dr.
Carlsbad, CA 92008
Attn: City Engineer
California Department of Fish and Game
Natural Community Conservation Planning
4949 Viewridge Avenue
Page 6 of 10
San Diego, CA 92123
United States Department of the Interior Fish and Wildlife Service
601 0 Hidden Valley Road
Carlsbad, CA 92009
Center for Natural Lands Management. Inc.
425 E. Alvarado Street, Suite H Fallbrook, CA 92028
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 a facsimile, documents which bear the
original signatures.
13. Extinauishment. This easement may not be extinguished without the prior written
approval of CDFG and USFWS. Once written approval is obtained, this easement may be extinguished by Grantor and Grantee by mutual written agreement upon the request of either
party only after the requesting party acquires and records a perpetual conservation easement in
the name of the Grantee at an alternative location, which provides Conservation Values that
satisfy the specific mitigation purposes of this easement.
14. Amendment. This easement may be amended by Grantor and Grantee only by
mutual written agreement with the prior written approval of CDFG and USFWS. Any such amendment shall be consistent with the purposes of this easement and, except as provided in
section 13, shall not affect its perpetual duration. Any such amendment shall be recorded in the
official records of San Diego County, California.
15. Recordation. Grantor shall promptly record this instrument in the official records of
San Diego County, California, and immediately notify the Grantee, CDFG and USRNS through
the mailing of a conformed copy of the recorded easement.
16. General Provisions.
(a) Controllina Law. The interpretation and performance of this easement
shall be governed by the laws of the State of California and applicable federal law.
(b) Liberal Construction. Any general rule of construction to the contrary notwithstanding, this easement shall be liberally construed to effect the purposes of this
easement and the policy and purpose of Civil Code Section 815, et seq. If any provision in this
instrument is found to be ambiguous, an interpretation consistent with the purposes of this
easement that would render the provision valid shall be favored over any interpretation that would render it invalid.
(c) Severability. If a court of competent jurisdiction voids or invalidates on
its face any provision of this easement, such action shall not affect the remainder of this easement. If a court of competent jurisdiction voids or invalidates the application of any provision
of this easement to a person or circumstance, such action shall not affect the application of the
provision to other persons or circumstances.
(d) Entire Aareement. This instrument sets forth the entire agreement of the parties with respect to the easement and supersedes all prior discussions, negotiations,
understandings, or agreements relating to the 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.
Page 7 of 10
1.. c-
(e) No Forfeiture. Nothing contained herein will result in a forfeiture or
reversion of Grantor's title in any. respect.
(f) Successors. The covenants, terms, conditions, and restrictions of this
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. These covenants hereunder benefiting Grantee shall also benefit CDFG and USFWS.
(9) Termination of Riahts and Obliqations. A party's rights and obligations
under this easement shall terminate only upon transfer of the party's interest in the easement or Property, with the following exceptions, liability for acts or omissions occurring prior to transfer
shall survive transfer, and the City of Carlsbad will remain a third party beneficiary with the same
authority and rights of the Grantee.
(h) Captions. The captions in this instrument have been inserted solely for
convenience of reference and are not a part of this instrument and shall have no effect upon its construction or interpretation. .
0) 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, on, under, about or affecting the Property. Despite any contrary provision of this Conservation Easement Deed, the parties do not intend this Conservation Easement Deed to be, and this, Conservation Easement Deed 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 ten "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 & 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
Page 8 of 10
1 .(
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.
(j) 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 receipt of funds from the Techbilt Construction Corp. for such purpose, the Grantor will obtain title
insurance on the Property in an amount equal to the fair market value of the easement. The title insurance shall be valid as to the transfer to the City of Carlsbad and the subsequent transfer to
the CNLM.
(k) CounterDarts. 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.
(1) Modification. This easement is not subject to modification or amendment
except in writing and signed by Grantor, Grantee, CDFG and USRNS or their permitted
successors or assigns.
(m) Exhibits. All Exhibits referred to in this easement are attached and
incorporated herein by reference.
(n) Federal or State ApDroDriations. The duties, if any, of the Grantor,
Grantee, CDFG and USFWS to carry out their respective obligations under this easement shall be subject to the availability of appropriate funds.
(0) Effective Date. This easement shall be effective upon recording with the San Diego County Recorder's Office.
\\\\
\\\\
\\\\
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Page 9 of 10
IN WITNESS THEREOF, Grantor and Grantee have entered into this easement the day
and year first above written.
COUNTY OF SAN DIEGO, GRANTOR:
Thomas J. Pastuszka
Clerk of the Board of Supervisors
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the easement by Grantor, dated &.k 14 , 2004, to the Grantee, and to the California Department of Fish and Game
and United States Department of the Interior, Fish and Wildlife Service, as a third party
beneficiaries, governmental agencies (under Government Code Section 27281), is hereby accepted by the undersigned officer on behalf of Grantee, pursuant to authority conferred by
resolution of the Grantee on October 25 , 2004
CITY OF CARLSBAD,
GRANTEE:
RAYMOND R. PATCHETT, City Manager
Approved andlor authorized by the Board
Date+& ',tinuto Order NO
THOMA J. PASTL SZKA
of Sup isor of rlie County of San
,- Deputy CIerk
Page 10 of 10
29
2004.0045.B
MARCH 10, 2004
J.N. 961005
PAGE 1 OF 2
EXHIBIT 'A'
LEGAL DESCRIPTION
A PORTION OF THAT PORTION OF LOT "B" OF RANCHO AGUA HEDIONDA, IN
THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, LYING
WITHIN THE LAND DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO,
ACCORDING TO FILE/PAGE NO. 74-014190, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 18, 1974, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL "A"
BEGINNING AT POINT 14 OF SAID LOT "B" AS DESIGNATED ON SAID MAP
NO. 823, THENCE ALONG THE BOUNDARY OF SAID LOT "B", SOUTH
89'54 ' 00" EAST 23.41 FEET; THENCE ALONG THE EASTERLY BOUNDARY OF
SAID PROPERTY BEING DESCRIBED IN SAID DEED, SOUTH 03'05'08" EAST
3247.17 FEET; THENCE, LEAVING SAID EASTERLY BOUNDARY, SOUTH
57'00'19" WEST 102.75 FEET; THENCE SOUTH 40'04'08" WEST 74.03
FEET; THENCE SOUTH 59'51'02" WEST 79.17 FEET; THENCE SOUTH
84'02'21" WEST 71.40 FEET; THENCE SOUTH 09'58'54" WEST 57.65
FEET; THENCE SOUTH 39'02'55" WEST 33.85 FEET: THENCE SOUTH
52'10'38" WEST 82.57 FEET; THENCE SOUTH 73'58'39" WEST 40.49
FEET; THENCE SOUTH 88"12'22" WEST 63.89 FEET; THENCE SOUTH
40'19'04" WEST 72.14 FEET; THENCE SOUTH 44'03'08' WEST 55.45
FEET; THENCE SOUTH 59'16'24" WEST 50.49 FEET; THENCE SOUTH
74'37'59" WEST 102.45 FEET; THENCE NORTH 45'28'27'' WEST 85.58
FEET; THENCE NORTH 86'33'28" WEST 197.84 FEET; THENCE SOUTH
74'59'14" WEST 40.48 FEET; THENCE SOUTH 82'24'38" WEST 47.52
FEET; THENCE SOUTH 89'35'37" WEST 68.26 FEET; THENCE SOUTH
80'17'24" WEST 56.14 FEET; THENCE NORTH 44'38'08" WEST 23.90
FEET; THENCE NORTH 64'53'14" WEST 135.75 FEET; THENCE NORTH
49O16'50" WEST 121.37 FEET TO A POINT ON EASTERLY BOUNDARY OF THE
PROPERTY OWNED BY THE CITY OF CARLSBAD PER DEED RECORDED JUNE 30,
1982 AS FILE NO. 82-201566; THENCE ALONG SAID BOUNDARY NORTH
30'28'48'' EAST 838.83 FEET; THENCE NORTH 30'31'12" WEST 800.00
FEET; THENCE SOUTH 87'45'29'' WEST 491.59 FEET TO A POINT ON THE
WESTERLY BOUNDARY OF SAID PROPERTY BEING DESCRIBED IN SAID DEED;
-..
2004.0045.B
MARCH 10, 2004
J.N. 961005
PAGE 2 OF 2
THENCE ALONG SAID BOUNDARY NORTH 01'28'24'' EAST 787.30 FEET;
THENCE NORTH 50'55'35'' EAST 1788.65 FEET; THENCE NORTH 54'15'33"
EAST 326.48 FEET TO THE POINT OF BEGINNING.
AREA = 98.01 ACRES
PARCEL 'B"
BEGINNING AT POINT 14 OF SAID LOT 'B" AS DESIGNATED ON SAID MAP
NO. 823, THENCE ALONG THE BOUNDARY OF SAID LOT "B", SOUTH
89'54'00'' EAST 23.41 FEET; THENCE ALONG THE EASTERLY BOUNDARY OF
SAID PROPERTY BEING DESCRIBED IN SAID DEED, SOUTH 03'05'08'' EAST
5096.93 FEET; THENCE LEAVING SAID EASTERLY BOUNDARY SOUTH
86'54'52" WEST 1747.80 FEET TO THE TRUE POINT OF BEGINNING;
THENCE NORTH 69'53'03 WEST 437.14 FEET; THENCE NORTH 38'21'55"
EAST 443.36 FEET; THENCE NORTH 08'42'03'' EAST 174.91 FEET; THENCE
NORTH 39'04'34" WEST 234.07 FEET; THENCE NORTH 57'12'36" EAST
859.32 FEET; THENCE NORTH 84'48'26'' EAST 58.86 FEET; THENCE SOUTH
35'15'38" EAST 77.86 FEET; THENCE SOUTH 47'00'20'' WEST 175.24
FEET; THENCE SOUTH 28'58'48'' WEST 269.16 FEET; THENCE SOUTH
42'09'34" WEST 112.57 FEET; THENCE SOUTH 12'07'41" WEST 712.74
FEET; THENCE SOUTH 34'32'52'' WEST 151.12 FEET TO THE TRUE POINT
OF BEGINNING.
AREA = 10.39 ACRES
DAJA TABLE
@ DELTA/BEARING RADIUS LENGTH
2 S03D5W"E - 324z 17'
3 s57'Qo'19* w - 10275'
1 S8954'ao"E - 2J 41 '
4 ~40'04'08" w 74.03 '
6 S4403'08" w . - ' 55 45' 14 S597624" W - 50.49
?S s7437'59" W - 102 49
I CONSULTA4TS
2710 Loker Avenue 760-931 -7700
Carlsbod, CA 760-931 -8680
Suite 100 FOX:
92008
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Exhibit “D”
Irrevocable Offer to Dedicate
Real Property for Public Street
and Public Utility Purposes
33
RECORDING REQUESTED BY
AND WHEN RECORDED MAILTO:
City Clerk
CITY OF CARLSBAD 1200 Carlsbad Village Dr.
Carlsbad. CA 92008
Space Above This Line for Recorder’s Use
The undersigned grantor(s) declare(s):
Documentary transfer tax is $0.00
( ) computed on full value of property conveyed, or
( ) computed on full value less value of liens and
encumbrances remaining at time of sale.
( ) Unincorporated area: (x) City of Carlsbad
Assessor‘s Parcel No. 209-050-25
Project No. & Name Faradav Ave, County
Par. No. 2004-0045-A
IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY FOR
PUBLIC STREET AND PUBLIC UTILITY PURPOSES
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the
County of San Diego, a political subdivision of the State of California, hereinafter
designated Grantor, represents that it is the owner of the hereinafter described real
property in the City of Carlsbad, County of San Diego, State of California, and for a
valuable consideration, hereby makes an Irrevocable Offer of Dedication to the City of
Carlsbad, a municipal corporation, hereinafter designated Grantee, its successors and
assigns, an easement and right-of-way upon, through, under, over and across the
hereinafter described real property for the following purpose:
AN EASEMENT FOR PUBLIC STREET AND PUBLIC UTILITY PURPOSES
The real property referred to above is situated in the City of Carlsbad, County of San
Diego, State of California, and consists of that certain 84 foot wide right-of way for public
street and public utility purposes described in Exhibit “A consisting of two (2) page(s),
attached hereto and made a part hereof. Exhibit “B consisting of three (3) page(s) is
attached for clarity only. The Grantor hereby further offers to Grantee the privilege and
right to extend and access drainage structures, excavation and embankment slopes
beyond the limits of the herein described right-of-way where required for the construction
and maintenance of said street and utilities.
RESERVING unto Grantor of the above described parcel of land, its successors, or
assigns, the right to eliminate such slopes andor drainage structures or portions thereof,
when in the written opinion of the City Engineer of Grantee, the necessity therefore is
removed by substituting other protection, support and/or drainage facility, provided such
substitution is first approved in writing by said City Engineer.
RESERVING THEREFROM the following rights and privileges:
1. For the use and benefit of the Public, the right of flight for the passage of aircraft
in the airspace above said easement, together with the right to cause in said
airspace such noise and such incidence of flight as may be inherent in the
operation of aircraft, now known or hereafter used for navigation or of flight in air,
Page 1 of 3
2.
3.
4.
5.
This
using said airspace taking off from, landing at or operating on McClellan-Palomar
Airport.
The continuing and perpetual right to prohibit and/or have removed at no
expense to Grantor any buildings, structures, facilities, utility poles, trees,
bushes, shrubs or any other objects extending into, or which in the future could
infringe upon or extend into or above, the McClellan-Palomar Airport clear zone
approach, take-off or flight surface.
The right to require Grantee, at Grantee’s sole cost and expense to remove, raze
or destroy any objects identified in section 2, above, infringing upon or extending
into said McClellan-Palomar Airport clear zone surface, together with the right to
prohibit the future erection of any objects which would infringe upon or extend
into said surface.
The right to require Grantee, at Grantee’s sole cost and expense, to mark and
light as obstructions to air navigation, any and all of the objects identified in
section 2, above, that may at any time project or extend above said surface.
The right of ingress to and egress from, and passage over the herein described
easement, for the above purposes.
Irrevocable Offer of Dedication is made pursuant to Section 7050 of the
Government Code of the State of California and may only be accepted by resolution of
the City Council of the City of Carlsbad.
This Irrevocable Offer of Dedication may be terminated and the right to accept the offer
may be abandoned in accordance with the summary vacation procedures in Section
8300, et seq., of the Streets and Highways Code of the State of California. The
termination and abandonment may be made by the City Council of the City of Carlsbad
or as authorized by Carlsbad Municipal Code Chapter 11.04.
This Irrevocable Offer of Dedication shall be irrevocable and shall be binding on the
Grantor, its heirs, executors, administrators, successors and assigns.
Grantee and Grantee’s successors, assignees and beneficiaries agree to the extent
authorized by law, to assume all risks of loss, damage and/or injury to person and/or
property by reason of the condition or incidental to the use of the subject right-of-way
and will hold harmless, save and indemnify Grantor, and Grantor’s directors, officers,
agents and employees (“Covered Parties”), free and harmless from and indemnify
against any and all loss, damage, injury, cost of defense, attorney’s fees, witness fees,
including expert witness costs or expenses, resulting from injury to any person, including
the defense of any action for injury or death, or loss of, or damage to property, resulting
from acts of Grantee or the use by Grantee of the premises, excluding therefrom any
such loss, damage or expense resulting in any manner from the negligent or intentional
acts or omissions of Covered Parties.
Page 2 of 3
IN WITNESS WHERE F, the G a or as caused this Irrevocable Offer of Dedication to
be executed this /Gay of &%&2004.
THE COUNTY OF SAN DIEGO
f General Services
TATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) )
On October 18 , 2Q04, before me, GREGORY J. SMITH, Assessor/Recorder/County Clerk in and for said County and State, personally appeared JOHN J.
McTIGHE, Director, Department of General Services personally known to me to be the person
whose name is subscribed to the within instrument and acknowledged to me that he executed the
same in his authorized capacity (Pursuant to Ordinance No. 7206 adopted September 23, 1986),
and that by his signature on the instrument the County executed the same.
seal.
SMI
Name (typed or printed)
CERTIFICATION FOR ACCEPTANCE OF DEED OFFER TO DEDICATE REAL PROPERTY
This is to certify that the interest in real property conveyed by the Irrevocable Offer to Dedicate
Real Property dated , 2004-, from the County of San Diego, a political subdivision of the State of California, to the City of Carlsbad, California, a municipal corporation, is hereby
accepted by the City of Carlsbad, California pursuant to CMC Chapter 11.04, adopted on September 16, 1997, and the grantee consents to the recordation thereof by its duly authorized
officer.
10/18
Page 3 of 3
APRIL 16, 2004
J.N. 961005
PAGE 1 OF 2
EXHIBIT 'A'
LEGAL DESCRIPTION
FARADAY AVENUE
STREET RIGHT-OF-WAY
PR 03-93
PORTIONS OF LOT "B" OF RANCHO AGUA HEDIONDA, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, LYING WITHIN THE LAND
DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO, ACCORDING TO
FILE/PAGE NO. 74-014190, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, JANUARY 18, 1974, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL 'A'
COMMENCING AT POINT 14 OF SAID LOT "B" AS DESIGNATED ON SAID MAP
NO. 823, THENCE ALONG THE BOUNDARY OF SAID LOT "B", SOUTH
89O27'48" EAST (SOUTH 89O54'00" EAST, REC.) 23.41 FEET; THENCE
ALONG THE EASTERLY BOUNDARY OF THAT PROPERTY BEING DESCRIBED IN
SAID DEED, SOUTH 02'38 ' 56" EAST (SOUTH 03'05' 08" EAST, REC. )
3275.59 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING
ON SAID EASTERLY BOUNDARY SOUTH 02O38'56'' EAST 96.20 FEET TO THE
BEGINNING OF A NON-TANGENT 758.00 FOOT RADIUS CURVE CONCAVE
SOUTHEASTERLY, A RADIAL LINE TO SAID BEGINNING BEARS NORTH
' 33O32'39'' WEST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 5O17'34" A DISTANCE OF 70.02 FEET;
THENCE SOUTH 51'09'47'' WEST 318.31 FEET TO THE BEGINNING OF A
892.00 FOOT RADIUS CURVE CONCAVE NORTHERLY, THENCE WESTERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 72'21'45''
A DISTANCE OF 1126.56 FEET; THENCE NORTH 56'28'28'' WEST 105.28
FEET TO THE BEGINNING OF A 783.00 FOOT RADIUS CURVE CONCAVE
SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 22O19'05" A DISTANCE OF 305.00 FEET TO
POINT 'A', SAID POINT BEING ON THE SOUTHERLY BOUNDARY OF THE
PROPERTY DESCRIBED IN DEED TO THE CITY OF CARLSBAD, ACCORDING TO
FILE/PAGE NO. 82-201566, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, JUNE 30, 1982, A RADIAL LINE TO
SAID POINT BEARS NORTH 11'12'27'' EAST; THENCE ALONG SAID
SOUTHERLY BOUNDARY SOUTH 78'47 ' 33" EAST (SOUTH 79'13' 45" EAST,
REC.) 290.94 FEET TO THE SOUTHEASTERLY CORNER OF SAID CITY
APRIL 16, 2004
J.N. 961005
PAGE 2 OF 2
PROPERTY; THENCE ALONG THE EASTERLY BOUNDARY OF SAID CITY
PROPERTY NORTH 30'55' 00" EAST (NORTH 30'28' 48" EAST, REC. ) 31.70
FEET TO THE BEGINNING OF A NON-TANGENT 867.00 FOOT RADIUS CURVE
CONCAVE SOUTHWESTERLY, A RADIAL LINE TO SAID BEGINNING BEARS
NORTH 31'33'59" EAST; THENCE, LEAVING SAID EASTERLY BOUNDARY,
SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 1'57'33" A DISTANCE OF 29.65 FEET; THENCE SOUTH
56'28'28'' EAST 105.28 FEET TO THE BEGINNING OF A 808.00 'FOOT
RADIUS CURVE CONCAVE NORTHERLY; THENCE EASTERLY ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 72'21'45" A DISTANCE OF
1020.47 FEET; THENCE NORTH 51'09'47" EAST 318.31 FEET TO THE
BEGINNING OF A 842.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY;
THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 8'39'22'' A DISTANCE OF 127.21 FEET TO THE TRUE
POINT OF BEGINNING.
AREA = 3.24 ACRES
PARCEL 'B'
BEGINNING AT POINT 'A' AS DESCRIBED IN PARCEL 'Af; THENCE, ALONG
THE SOUTHERLY BOUNDARY OF THE PROPERTY DEEDED TO THE CITY OF
CARLSBAD AS DESCRIBED IN PARCEL "A", NORTH 78'47'33" WEST (NORTH
79'13'45" WEST, REC.) 75.82 FEET TO THE TRUE POINT OF BEGINNING;
THENCE, LEAVING SAID SOUTHERLY BOUNDARY, NORTH 80'43' 16" WEST
238.05 FEET TO THE BEGINNING OF A 20.00 FOOT RADIUS CURVE,
CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 87'28'24" A DISTANCE OF
30.53 FEET; THENCE SOUTH 11'48'20" WEST 30.00 FEET; THENCE NORTH
78O11'40" WEST 12.00 FEET TO A POINT ON THE EASTERLY LINE OF THAT
EASEMENT FOR ROAD AND UTILITY PURPOSES TO THE CITY OF CARLSBAD,
ACCORDING TO FILE/PAGE NO. 82-201566, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY JUNE 30, 1982; THENCE, ALONG
SAID EASTERLY LINE, NORTH 11'48'20" EAST 57.67 FEET TO A POINT ON
SAID SOUTHERLY BOUNDARY; THENCE, ALONG SAID SOUTHERLY BOUNDARY,
SOUTH 78'47'33'' EAST (SOUTH 79'13'45'' EAST, REC.) 268.95 FEET TO
THE TRUE POINT OF BEGINNING.
AREA = 0.04 ACRES
Q:\961005\030312 Street ROW2.lgl.doc
DATA TABLE I
DLDIc;QnoNma = 3.24 AC. (PMCH 27
= 0.04 AC. (PMCEL B7
&QsS OF BaRlN Gs;
T.%E BASIS Of BEARINGS IS TffE
EAST UNE Of GRANJ DEED PER
FlLE/PAGE NO. 74-014190
L E. SOP38 36 "E (SOY05 38 ''E REC.).
mawnoM
PORUONS OF Lor "B" of RANCHO AGUA HEDIONDA, IN
THE C/JY Of CARLSBAD, COUNTY OF SAN DIEGO, SUE OF CALIFORNL4, ACCORDING TO THE MAP THEREOF NO. 82.3
nLED IN THE OfflCE Of JHE COUNTY RKORDER OF
SAN D/EGO CWNR NOVEMBER IS, 1896, LVNG WITHIN THE
LAND DESCRIBED IN DEED JO COUNTY OF SAN DIEGO,
ACCORD/NG TO fliE,PAGE NO. 74-014190, flLED IN THE OfflCE
Of THE RECORDER Of SAN DIEGO COUNTK JANUARY 18, 1974.
271 0 Loker Avenue 760-931 -7700
Carlsbod, CA 760-931 -8680 Suite 100 Fax:
92008 I EXHIBIT "B"
I TIMOTHY 0. CARROLL I
SHT. I OF 3 SHT.
PR 03-93
A. P . N . 209-050-25
I
I
EXHIBIT "B"
7XWOTHY 0. CARROLL
L.S. 7700 EW 12/3r/04
I
SHT. 2 OF 3 SHT.
?R 03-93
A. PI N . 209-050-25
I I I
I
I
I
I C 0 N S U L T A/N T S
EXHIBIT ”B”
UMOTHY 0. WROii is 7700 EXR rz/~r/o4
2710 Loker Avenue 760-931 -7700
Carlsbod. CA 760-931 -8680
Suite 100 Fax:
92008
SHT. 3 OF 3 SHT.
PR 03-93
A.P. N. 209-050-25
FARADAY AV€ffU€
STRED DEDICAAON Pw
’,
October 25,2004
OF THE COUNCIL
TO: Mayor and City Council
FROM: City Attorney
OFFSITE CONSERVATION EASEMENT FOR CARLSBAD OAKS NORTH
INDUSTRIAL PROJECT
If the Council wishes to retain the right to audit the Endowment Fund maintained by the
Center for Natural Lands Management and to prevent erosion of the principal then it
would be appropriate to condition the Quitclaim Deed of Conservation Easement by
adding the following paragraph to the end of the Quitclaim Deed:
‘I.. .and subject to the right, but not the obligation, to audit upon reasonable
notice the Endowment Fund. If there are insufficient Endowment Funds to
maintain the property in perpetuity or if the principal of the Endowment Fund is
being reduced Unreasonably, then the Conservation Easement and all
remaining Endowment Funds shall revert to Grantor.”
Should you have any questions regarding the above, please do not hesitate to contact
me. (a
RONALD R. BALL
City Attorney
C: Ray Patchett
Glenn Pruim
Don Rideout
Jane Mobaldi
Ron Rouse
Center for Natural Lands Management, Inc.
2004.0045.B
MARCH 10, 2004
J.N. 961005
PAGE 1 OF 2
EXHIBIT 'A'
LEGAL DESCRIPTION
A PORTION OF THAT PORTION OF LOT "B" OF RANCHO AGUA HEDIONDA, IN
THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, LYING
WITHIN THE LAND DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO,
ACCORDING TO FILE/PAGE NO. 74-014190, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 18, 1974, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL "A"
BEGINNING AT POINT 14 OF SAID LOT "B" AS DESIGNATED ON SAID MAP
NO. 823, THENCE ALONG THE BOUNDARY OF SAID LOT "B", SOUTH
89'54 ' 00'' EAST 23.41 FEET; THENCE ALONG THE EASTERLY BOUNDARY OF
SAID PROPERTY BEING DESCRIBED IN SAID DEED, SOUTH 03'05'08'' EAST
3247.17 FEET; THENCE, LEAVING SAID EASTERLY BOUNDARY, SOUTH
57'00'19'' WEST 102.75 FEET; THENCE SOUTH 40'04'08'' WEST 74.03
FEET; THENCE SOUTH 59'51'02'' WEST 79.17 FEET; THENCE SOUTH
84'02'21'' WEST 71.40 FEET; THENCE SOUTH 09'58'54" WEST 57.65
FEET; THENCE SOUTH 39'02'55'' WEST 33.85 FEET; THENCE SOUTH
52'10'38'' WEST 82.57 FEET; THENCE SOUTH 73'58'39'' WEST 40.49
FEET; THENCE SOUTH 88'12'22" WEST 63.89 FEET; THENCE SOUTH
40'19'04" WEST 72.14 FEET; THENCE SOUTH 44'03'08' WEST 55.45
FEET; THENCE SOUTH 59'16'24" WEST 50.49 FEET; THENCE SOUTH
74'37'59'' WEST 102 -45 FEET; THENCE NORTH 45'28'27" WEST 85.58
FEET; THENCE NORTH 86'33'28" WEST 197.84 FEET; THENCE SOUTH
74'59'14" WEST 40.48 FEET; THENCE SOUTH 82'24'38" WEST 47.52
FEET; THENCE SOUTH 89'35'37" WEST 68.26 FEET; THENCE SOUTH
80'17'24'' WEST 56.14 FEET; THENCE NORTH 44'38'08" WEST 23.90
FEET; THENCE NORTH 64'53'14" WEST 135.75 FEET; THENCE NORTH
49'16'50'' WEST 121.37 FEET TO A POINT ON EASTERLY BOUNDARY OF THE
PROPERTY OWNED BY THE CITY OF CARLSBAD PER DEED RECORDED JUNE 30,
30'28'48'' EAST 838.83 FEET; THENCE NORTH 30°31'12" WEST 800.00
FEET; THENCE SOUTH 87'45'29" WEST 491.59 FEET TO A POINT ON THE
WESTERLY BOUNDARY OF SAID PROPERTY BEING DESCRIBED IN SAID DEED;
1982 AS FILE NO. 82-201566; THENCE ALONG SAID BOUNDARY NORTH
2004.0045.B
MARCH 10, 2004
J.N. 961005
PAGE 2 OF 2
THENCE ALONG SAID BOUNDARY NORTH 01'28'24" EAST 787.30 FEET;
THENCE NORTH 50'55'35" EAST 1788.65 FEET; THENCE NORTH 54'15'33"
EAST 326.48 FEET TO THE POINT OF BEGINNING.
AREA = 98.01 ACRES
PARCEL "B"
BEGINNING AT POINT 14 OF SAID LOT "B" AS DESIGNATED ON SAID MAP
NO. 823, THENCE ALONG THE BOUNDARY OF SAID LOT "B", SOUTH
89'54'00'' EAST 23.41 FEET; THENCE ALONG THE EASTERLY BOUNDARY OF
SAID PROPERTY BEING DESCRIBED IN SAID DEED, SOUTH 03°05'08'f EAST
5096.93 FEET; THENCE LEAVING SAID EASTERLY BOUNDARY SOUTH
86'54'52" WEST 1747.80 FEET TO THE TRUE POINT OF BEGINNING;
THENCE NORTH 69'53'03 WEST 437.14 FEET; THENCE NORTH 38'21'55"
EAST 443.36 FEET; THENCE NORTH 08'42'03" EAST 174.91 FEET; THENCE
NORTH 39O04'34" WEST 234.07 FEET; THENCE NORTH 57'12'36" EAST
859.32 FEET; THENCE NORTH 84'48'26" EAST 58.86 FEET; THENCE SOUTH
35'15'38" EAST 77.86 FEET; THENCE SOUTH 47'00'20'' WEST 175.24
FEET; THENCE SOUTH 28O58'48" WEST 269.16 FEET; THENCE SOUTH
42'09'34" WEST 112.57 FEET; THENCE SOUTH 12'07'41" WEST 712.74
FEET; THENCE SOUTH 34'32'52'' WEST 151.12 FEET TO THE TRUE POINT
OF BEGINNING.
AREA = 10.39 ACRES
c .
DATA TABLE I,, I I (NO) I DELTA/BEARING I RADIUS I LENGTH 1
DATA TABLE (CONK) I
-1 I
SAN DIEGO COUNTY
OPEN SPACE PRB€RK I CUNSULTA4TS
2710 Loker Avenue 760-931 -7700 I Suite 100 Fax: I Carlsbad, CA 760-931-8680
92008
-. .
SH€i 2 OF i
S€KR €AS€,ENT TO 8UENA
SAffI7-A &'ON DISRICT REC
D€C fr! 1965 AS FB
229636