HomeMy WebLinkAbout1993-07-20; City Council; NS-245; Aviara affordable lower-income inclusionary housing units...I1 0 0 EXHIB
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ORDINANCE NO. NS-245 -
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AFFORDABLE HOUSING DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE AVIARA MASTER PLAN DEVELOPER TO PROVIDE FOR THE
INCLUSIONARY HOUSING UNITS. CASE NAME: AVIARA AFFORDABLE HOUSING; DEVELOPMENT
ACCELERATED DEVELOPMENT OF AFFORDABLE LOWER-INCOME
AGREEMENT CASE NO: DI 92-05
6 II WHEREAS, the Planning commission did on February 3, 199
7/bold a duly noticed public hearing as prescribed by law t
onsider an Affordable Housing Development Agreement DI 92-05: an
WEREAS, the City council of the City of Carlsbad, 0
pril 27, 1993, held a duly advertised public hearing to conside
'X aid development agreement, and at that: time received th
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12 ecommendations, objections, protests, Comments of all persor
13 'nterested in the development agreement; and
l4 ii WEREAS, on April 27, 1993 the city Council adoptE
l5 eSO1UtiOn No. 93-120 approving the Aviara Affordable Housir
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evelopment Agreement;
WEREAS, California Government Code Section 65867.5 a1
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pproved by ordinance: and 2o
development agreement is a legislative act which must 1 I'
arlsbad Municipal Code Section 21.70.090 state that approval (
21 I1 WHEREAS, this ordinance is adopted pursuant to Artic
22 I .5 of the California Government Code and Chapter 21.70 of t
23 arlsbad Municipal Code.
24 11 NOW, THEREFORE, City Council of the City of Carl&
25 oes ordain as follows:
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SECTION 1 : That the above-recitals are true a
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(correct.
SECTION 2: That the Aviara Affordable Mousi
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9:3eso1ution No. 93-120 which previously-approved the Avia
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'17~reof are the findings and conditions of 'the City Council.
:YO- 3489, on file in the Planning Department and made a pa 6
:?lanning Commission as set forth in Planning Commission Resoluti 5
January 20, 1993, attached hereto and that the findings of t
:3evelopment Agreement is approved accordi:ng to Exhibit 3 dat 4
SECTION 3: That this ordinance supersede City Counc
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Affordable Housing Development Agreement.
EFFECTIVE DATE: This ordinance shall be effecti
l2'LhirtY days after its adoption, and the city clerk shall certi
13'to the adoption Of this ordinance and cause it to be published
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16 INTRODUCED AND FIRST READ at a regular meeting of t
I' Carlsbad City Council on the 13th day of JULY , 1993, a
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least once in the Carlsbad Sun within fifteen days after i
sdoption.
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PASSED AND ADOPTED at a regular meeting of the Cit
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Council of the City of Carlsbad on the 20thL day of JULY
1993, by the following vote, to wit:
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AYES: Council Members Lewis, Stanton, l<ulchin, Nygaard, Finnil
NOES: None
ABSENT : None
6 /bPppp AS TO FORM AND LEGALITY
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RECORDING REQUESTED BY AND RETURN TO:
City Clerk
1200 Carlsbad Village Dr. 0
Carlsbad, CA 92008
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AFFORDABLE HOUSING DEVELOPMENT AGREEMENT
THIS AFFORDABLE HOUSING DEVELOPMENT AGREEMENT (the ''Agreement") is entered into as of July 29 , 1993 I by and
between AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, a Delaware limited partnership (g*Aviarall) and the CITY OF CARLSBAD, a municipal corporation (slCityll), with reference to the following
facts:
A. This is a Development Agreemeint entered into pursuant to California Government Code Sections 65864 through
65869 * 5.
B. .City has enacted Chapter 21.70 of the.Carlsbad Municipal Code, establishing procedures and requirements for the consideration of development agreements and setting forth the purposes and procedures for entering into development agreements.
C. Aviara Proiect. Aviara is the developer of certain real property located in the City of Carlsbad, California (the "Aviara Projectgf) and which Aviara Project is the subject of certain development approvals received from City including without limitation: The Master Plan approved by City on December 22, 1987, Resolution No. 9322 and Ordinance No. 9839, as amended; final subdivision maps for the first phase portion of the Aviara Project, which final maps were recorded in the Official Records of the County of San Diego, California, on June 29, 1989; Amendment to the Master Plan with respect to Phase I1 of the Aviara Project approved by City on
February 19, 1991, Resolution No. 91-60 and Ordinance No. NS-140, as amended: and Tentative Subdivision Map (C.T, 89-37) approved for portion of Phase ]:I of the Aviara Project by Resolution No. 91-60, adopted by the City on February 19, 1991.
D. Aviara Land. The Aviara Project consists of three planning phases within each of which are numerous 'IPlanning Areas.I' Certain residential Planning Areas have been sold or otherwise transferred by Aviara to Merchant Builder Entities and certain non-residential Planning Areas have been
transferred to a hotel/golf resort development partnership. Those residential Planning Areas of the Aviara Project which, as of the date first written above, are owned by Aviara or related entity are referred to herein as the "Aviara Land," which includes Planning Areas 3, 13, 15 and 17 through 30,
inclusive, and which is described with more particularity on Exhibit IfA1* attached hereto. The term gvAvi,ara Land" shall alsc include any other residential Planning Area of the Aviara Project which, after the date first written above, reverts to
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the ownership of or otherwise becomes owned by Aviara or related entity,
E. .The parties agree that this Agreement shall bint City and Aviara, and any purchaser, assignee, transferee or successor-in-intere.st as to any portion of the Aviara Land. The parties agree to execute and record against the Aviara Lanc such memoranda of this Agreement as may be necessary to providc notice of this Agreement to all such parties.
F. On September l4, 1992, Aviara and City entered into that certain Aviara Master Plan Agreement for Inclusionar] Housing, pursuant to duly noticed public hearing (the IIAviara Inclusionary Housing Agreement"). The parties have recognized that, if Aviara elects to proceed under and satisfies the special conditions set forth in Section 3.2.2(b) thereof (IIAccelerated Affordable Housingf1), Aviara would be providing z substantial amount of Affordable Housing which will be of significant benefit to City, and that Aviara would be doing so substantially in advance of the required timetable for the production of affordable housing in accordance with the otherwise applicable Inclusionary Housing R.equirements (as therein defined). The parties recognize that, if Aviara so proceeds, Aviara would be incurring substantial costs and taking substantial risks. It is the intent. of the parties that, if Aviara so proceeds, it should be entitled to protection in the form of benefits c0nferre.d by this Agreement,
G. On Auril 27 , 1993, th.e City Council of City held a duly noticed public hearing concerning this Agreement and adopted Ordinance No. NS-245 th.e ("Enacting Ordinance") enacting this Agreement as its legislative act, found this Agreement to be consistent with the City General Plan and the Local Coastal Plan for the Cit.y as certified by the California Coastal Commission.
H. In consideration of the substantial public improvements and benefits to be provided by Aviara electing to proceed pursuant to the Accelerated Affordaible Housing, and in order to enco'urage Aviara to so elect, and in order to
strengthen the public planning process and reduce the economic costs of development, and to reinforce the City's growth
management plan, and to further the interest of City in obtaining the production of Affordable Housing on an accelerated blasis, all of which will be of benefit to the City and its resid.ents, by this Agreement City intends to give Aviara assurance that Aviara can complete the Project in accordance with the terms of this Agreement: and without regard to the impact. of future initiatives, moratoria or other ordinances or actions affecting the rate, timing or sequences
of developmenk. In reliance upon City's covenants set forth i. this Agreement concerning the development crf the Aviara Land,
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Aviara has and will in the future incur substantial costs in complying with the extra conditions pursuant to the Accelerated Affordable Housing. Such compliance and the City's
expectations constitute consideration for this Agreement and
but for said commitments on the part of City,, Aviara would not
enter into this Agreement.
NOW, THEREFORE, in consideration of the mutual
covenants and promises of the parties herein contained, the parties agree as follows:
1. ProDertv Subiect to Aqreement. All of the Aviara Land shall be subject to this Agreemeint. The parties
hereto intend that the provisions of this Agreement shall
constitute covenants which shall run with thie Aviara Land and
shall bind and inure to the benefit of all successors in
interest to the parties hereto.
2. Term. The term of this Agreement shall commence on the effective date of the Enacting Ordinance and shall expire on the tenth anniversary thereof, unless extended or
sooner terminated as hereinafter provided. Upon request by Aviara, the City Council may by resolution, without the necessity for an additional ordinance or public hearing, grant one or more extensions, each for a term not to exceed the length of the original term hereof, on condition that the City Council finds all of the following: (i) Aviara is meeting or has met its obligations under this Agreement: and (ii) in light
of all the circumstances, including without limitation the benefits which the City has received from thte performance by
Aviara with respect to the Project referred to in Recital H
above, it is in the public interest to continue the Agreement.
3. Aviara's Condition Precedent. Notwithstanding
the commencement of the term of this Agreement, Aviara shall
not be entitled to the benefit of this Agreement until and
unless the condition referenced in this Section 3 (the "Condition Precedent") has been satisfied. The Condition Precedent shall be both (i) the election by Aviara to proceed
under the special conditions for Accelerated Affordable Housing
set forth in Section 3.2.2(b) of the Aviara Inclusionary Housing Agreement, and (ii) the performance by Aviara to satisfy such special conditions.
4. Protection for Aviara. Subject to satisfaction of the Condition Precedent as specified in Section 3 above, Aviara shall be entitled to the following protection as specified in this Section 4:
4.1. Should an ordinance or other measure be enacted after September 1, 1992 (the date of the public hearinc
at which the Aviara Inclusionary Housing Agreement was approvec
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by City) and prior to expiration or termina.tion of the term of this Agreement, whether by action of the City Council, by initiative or otherwise, having to do with or pertaining to (il whole or in part) the subject matter of Low Income Housing or Very Low Income Housing (as defined in the Aviara Inclusionary Housing Agreement), and which relates to or by its effect but for this Agreement would restrict the rate, timing or sequence!
of the development or construction of all or any parts of the Aviara Project, City agrees that such ordinance or other measure shall not apply to the Aviara Project. Other than the foregoing, the Project shall be subject to the effect of any future amendments to or changes in the rules, regulations,
ordinances and official policies of City.
4.2 The review otherwise specified by Section 4.2 of the Aviara Inclusionary Housing Agreement shall not occur until the tenth anniversary of thLe effective date of such agreement; provided, however, that not.hing contained in this Agreement shall be deemed to waive or affect in any way the City's rights relating to periodic review of development agreements pursuant to Section 21.70.140 et sea. of the Carlsbad Municipal Code.
5. Permitted Delays. Performance by either party of its obligations under this Agreement shall1 be excused durinc any period of delay caused at any time by reason of acts of Goc or civil commotion, riots, strikes, picketing or other labor disputes, shortage of materials or supplies;, damage to work in progress by reason of fire, floods, earthquake or other casualty, restrictions imposed or mandated by governmental or quasigovernmental entities, enactment of conflicting laws, litigation, acts or neglect of the other party, or any other cause beyond the reasonable control of a party. Each party shall promptly notify the other party of any delay hereunder as soon as possible after the same has been ascertained. The ten of this Agreement and the time deadline for such performance shall be extended by the period of any such delay.
6. Default and Remedies.
6.1 Events of Default. Subject to any
extensions of time by mutual consent of the parties, and subject to the provisions of Section 5 above regarding permitted delays, any failure by either party to perform any material term or provision of this Agreement shall constitute an event of default ("Event of Default") (i) if such defaultinc party does not cure such failure within thirty (30) days following its receipt of notice of default from the other
party, where such failure is of a nature which can be cured within such thirty (30) day period, or (ii)~ if such failure is not of a nature which can be cured within such thirty (30) day period, the defaulting party does not within such thirty (30)
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day period commence substantial efforts to cure such failure and diligently prosecute the same to completion. Any notice of
default given hereunder shall specify in det(ai1 the nature of the failure in-performance which the noticing party claims constitutes the Event of Default and the man:ner in which such Event of Default may be satisfactorily cured in accordance with
periods herein specified for cure of a failure of performance, the party charged.therewith shall not be considered to be in default for purposes of termination of this Agreement or
institution of legal proceedings with respect thereto.
the terms and conditions of this Agreement. During the time
6.2 Remedies. Upon the occurrence of and
failure to timely cure an Event of Default, the nondefaulting party shall have the right, in addition to all other rights and remedies available at law or in equity, to bring any proceeding in the nature of specific performance, injunctive relief, mandamus or in equity as may be permitted by the laws then in effect or this Agreement regarding the defaulting partyls failure to perform its agreements, obligations or undertakings hereunder. In addition, upon the occurrence! of and failure to timely cure a,n Event of Default, the nondefaulting party shall have the right to terminate this Agreement.
7. Transfers and Assianments.
7.1 Riaht to Assign. Aviara shall have the
right to sell, mortgage, hypothecate, assign or transfer (l1Transferv1) the Aviara Land in whole or in part to any person, partnership, joint venture, firm or corporat:ion at any time during the term of this Agreement. In connection with any such Transfer, Aviara shall also have the right ltikewise to Transfer its rights under this Agreement as pertain to the Aviara Land
or the applicable portion thereof.
7.2 It is understood and agreed by the parties
that a portion of the Aviara Land has been subdivided and that remaining portions of the Aviara Land may be subdivided after the effective date of this Agreement. One or more such subdivided parcels may be Transferred to persons for development by them in reliance upon the provisions of this Agreement. The obligations of Aviara and ainy such transferees are several and not joint. Noncompliance by any such transferee with the terms and conditions of this Agreement or with applicable City rules and regulations shall not be deemed to be a default hereunder or grounds for termination hereof, or constitute cause for the City to initiate enforcement action against other persons then owning or holding interest in the Aviara Land or.any portion thereof, and not themselves in default hereunder.
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8. Amendment. This Agreement may be canceled, . modified or amended by mutual consent of the parties in writing in the manner provided for in Section 21.70.120 of the Carlsbad Municipal Code, or by the City in the manner provided for in Section 21.70.160 or in Section 21.70.190 of the Carlsbad Municipal Code. In the event of termination, the provision of Sections 21.70.170 and 21.70.180 of the Carlsbad Municipal Code shall apply.
9. Notices. Any notice to either party shall be in writing and given by delivering the same to such party in person or by sending the same by registered or certified mail, return receipt requested, with postage prepaid, to the party's mailing address set forth below:
If to Aviara, then to:
D.L. Clemens Hillman Properties West, Inc.
2011 Palomar Airport Road Suite 206 Carlsbad, California 92008
With a copy to:
.Sheppard, Mullin, Richter & Hampton
501 West Broadway, 19th Floor San Diego, California 92101 Attn: Christopher B. Neils
If to City of Carlsbad, to:
City Manager City of Carlsbad City Hall
1200 Elm Avenue Carlsbad, California 92008
Either party may change its mailing address at any time by giving written notice of such change to the other party in the manner provided herein. All notices under this Agreement shall be deemed given, received, made or communicated on the date personal delivery is effected or, if mailed, on the delivery
date or attempted delivery date shown on the return receipt.
10. Entire Asreement. This Agreement and the Exhibits attached hereto contain the entire agreement between the parties with respect to the subject matter hereof. Except
as otherwise specified in this Agreement, any prior correspondence, memoranda, agreements, warranties or
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representations are superseded by this Agreement and the Exhibits attached hereto.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the date first set forth above.
AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, a Delaware limited partnership
By :&w-
Aviara Land Co pany, a Delaware corporation, General
BY pment Company, a California corporation,
LL
City of Carlsbad
PR VED AS TO FORM.
Ronald R. Ball, 7/29/73. City Attorney
iPhet&W. R@k&kranz, -9- City Clerk
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State of California 1
County of
On d- 9$&iyd@ & zy, / 993 , before me, /8&W& I
personally known to me (-0
a not6ry public in and for said state, personal19 appeared
ly c - to be the person*)
whose namefs) is/ae subscribed to the within instrument and acknowledged to me that he/she+hey executed the same in his/- authorized capacity-, and that by his/- signaturefs) on the instrument the Personel Or
the entity upon behalf of which the person@) acted, executed the instruments.
WITNESS my hand and official seal.
Signature (Seal ) L
State of California 1
County of ) &A &q&
) ss.
1
/973 , before me, 5% b,
5-t
public'in and for said state, personallyhppeared EA~,#S personally known to me (-
me WL A) to be the personfs)
whose name(" is/- subscribed to the within instrument and
acknowledged to me that he/skef#ey executed the same in
his/- authorized capacity(*, and that by his/- signaturem on the instrument the person(* or the entity upon behalf of which the personw acted, executed the instruments.
WITNESS my hand and official seal.
signature 4A4L(seal)
I"""" A
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State of California 1
County of Sari Diego 1 ) ss.
on July 29, 1993 , before me, RANDEE HARLIB I
a notary public in and for said state, personally appeared
C,LAUDE A. LEWIS & KAREN R.KUNDTZ personally known to me @SiIX-W
WXXSfK~BWXkGWX~~ to be the person(s) whose name(s) */are subscribed to the within instrument and
acknowledged to me that B#$H&/they executed the same in -/their authorized capacity(ies), and that by -/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instruments.
WITNESS my ha d and offic’ seal. ,R 3
Signature +.sk”L (Seal)
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EXHIBIT A
PLANMNGAREA3 LEGAL DESCRIPTION
Lots 101 through 126 of Carlsbad Tract 85-35C according to map thereof No. 12411, in the City of Carlsbad, County of San Diego, State of California
PLANNINGAREA13 LEGAL DESCRIPTION
Lots 234 Through 301 of Carlsbad Tract 85-35D according to map thereof No. 12412, together with Parcels 3 and 4 of Carlsbad Minor Subdivision 834 according to Parcel Map thereof No. 16451, all in the City of Carlsbad, County of San Diego, State of
California
PLANMNGAREA15 LEGAL DESCRIPTION
Parcel 6 of Carlsbad Minor Subdivision 834 according to parcel map thereof No. 1645 in the City of Carlsbad, County of San Diego, State of California
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PHASE III - AVIARA PLANNING AREAS 17 - 23 LEGAL DESCRIPTION
THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 22, THE NORTH HALF OF SECTION 27, ALL IN TOWNSHIP 12 SOUTH, RANGE 4 WESC
SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, AS.SHOWN ON RECORD OF SURVEY NO. 10774, RECORDED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER, OCTOBER 30,1986 AS FILE NO. 86-494180 OF OFFICIAL RECORDS.
EXCEPTING THEREFROM AU THAT PORTION OF THE EAST HALF OF THE
SOUTHEAST QUARTER OF SAID SECTION 22, CONVEYED TO THE CITY OF CARLSBAD BY THAT CERTAIN GRANT DEED (PARK SITE), RECORDED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER, JUNE 29,1989 AS FILE NO. 89-345769 OF OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM ALL. THOSE PORTIONS OF THE NORTH HALF OF SAID SECTION 27, LYING WITHIN THOSE MAPS KNOWN AS CITY
ACCORDING TO MAPS THEREOF NOS. 12409, 12410, 12411, 12412 AND 12413 RESPECTIVELY, FILED JUNE 29, 1989.
ALSO EXCEPTING THEREFROM THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER AND THE WEST HALF OF THE NORTHWEST QUARTJ2R OF THE NORTHEAST QUARTER OF SECIXON 27, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNL ACCORDING TO THE OFFICIAL PLAT THEREOF.
ALSO EXCEPTING THEREFROM ALL THAT PORTION OF SAID NORTH HAI OF SEClION 27 LYING WESTERLY OF A LINE DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTHERLY LJNE OF SAID SECTION 27, DISTANT THEREON NORTH 86058 t 38 WEST 659.33 FEET (RECORD NORTH
87'51 8 00" WEST 659.35 FEET) FROM THE NORTH QUARTER CORNER THEREOF, AS SHOWN ON SAID RECORD OF SURVEY. MAP NO. 10774; THENCE ALONG THE BOUNDARY OF SAID RECORD OF SURVEY MAP NO 10774, SOUTH 0006 WEST 1340.75 FEET TO AN ANGLE POINT THEREIN; THENCE SOUTH 87029 159" EAST (RECORD SOUTH 87030~08" EAST) 372.00 FEET; THENCE LEAVING SAID BOUNDARY SOUTH 2°30101" WEST 326.73
OF CARLSBAD TRACI' 85-35, AVIARA PHASE I, UNITS A, B, C, D AND E,
FEET TO A POINT ON THE NORTHERLY LINE OF ALGA ROAD AS DESCRIBED IN THE HEREIN ABOVE MENTIONED EASEMENT DEED TO THE CITY OF CARLSBAD, AND BEING THE POINT OF TER"JS.
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PLANNING AREA 24
LEGAL DESCRIPTION
THOSE PORTIONS OF SECTIONS 22 AND 27, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TC OFFICIAL PLAT THEREOF, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS :
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 27, AS SHOWN ON RECORD OF SURVEY MAP NO. 10774, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 30, 1986 AS FILE NO. 86-494180 OF OFFICIAL RECORDS: THENCE ALONG THE BOUNDARY OF SAID RECORD OF SURVEY MAP NO. 10774, SOUTH 86.58'38" EAST 236.3C FEET TO TEE POINT OF INTERSECTION OF SAID BOUNDARY LINE WITH THE NORTHEASTERLY LINE OF THAT CERTAIN PARCEL OF LAND SHOWN AS "PARCEL K-1"' AS DESCRIBED IN THE EASEMENT DEED TO THE CITY OF CARLSBAD, RECODED JUNE 29, 1989 AS FILE NO, 89-345765 OF OFFICIAL RECORDS, SAID POINT BEING THE TRUE POINT OF BEGINNING; TaENCE CONTINUING ALONG THE BOUNDARY OF SAID RECORD OF SURVEY
POINT THEREIN: THENCE NORTH 1.49'19'' WEST 331,07 FEET TO AN ANGLE POINT; THENCE SOUTE 86.57'12" EAST 660.57 FEET TO AN ANGLl POINT; THENCE SOUTB 1'36'47" EAST 330,69 TO A POINT ON THE NORTHERLY LINE OF SAID SECTION 27: THENCE CONTINUING ALONG TEE BOUNDARY OF SAID RECORD OF SURVEY MAP NO. 10774, SOUTH 0'06'50'' WEST 1340.75 FEET TO AN ANGLE POINT THEREIN; TEENCE SOUTH
87'29'59" EAST (RECORD SOUTH 87'30'08" EAST) 372.00 FEET; THENCl
LEAVING SAID BOUNDARY SOUTH 2'30'01" WEST 326.73 FEET TO A POINT ON TBE NORTHERLY RIGHT-OF-WAY OF ALGA ROAD AS DESCRIBED I1
'PARCEL 8"' OP THE REREIN ABOVE MENTIONED EASEMENT DEED TO THE -CITY OF CARLSEAD; THENCE ALONG SAID RIGHT-OF-WAY NORTH 59'47'00' WEST 392.51 FEET TO THE BEGINNING OF A TANGENT 1001,OO FOOT
RADXUS CURVE CONCAVE SOUTHERLY; THENCE NORTHWESTERLY AND WESTERLY ALONG SAID CURVE 474.04 FEET THROUGH A CENTRAL ANGLE 01 27'08'00"; THENCE TANGENT TO SAID CURVE NORTH 86'55'00" WEST
354.22 FEET TO THE BEGINNING OF A TANGENT 799.00 FOOT =IUS CURVE, CONCAVE NORTHEASTERLY; THENCE WESTERLY, NORTHWESTERLY ANI NORTHERLY ALONG SAID CURVE 1020.71 FEET THROUGH A CENTRAL ANGLE OF 73'11'40'*; THENCE TANGENT TO SAID CURVE 13'43'20" WEST
338.79 FEET; TEENCE NORTH 14'43'00" WEST 355.88 FEET TO A POINT ON TEE RIGHT-OF-WAY OF POINSETTIA LANE AS DESCRIBED IN "PARCEL
A" OF THE HEREIN ABOVE MENTIONED EASEMENT DEED TO THE CITY OF
MAP NO. 10774, SOUTB 86'58'38".EAST 1082-37 FEET TO AN ANGLE
CARLSBAD, SAID POINT ALSO BEING THE BEGINNING OF A TANGENT 25.0
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FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY: THENCE ALONG SAID
RIGHT-OF-WAY. AND NORTHERLY NORTHEASTERLY AND EASTERLY ALONG SAID CURVE 38.18 FEET THROUGH A CENTRAL, ANGLE OF 87'30'00'': THENCE RADIAL TO SAID CURVE NORTH 17'13'00" WEST 51.00 FEET: THENCE
SOUTH 72-47'00'' WEST 2.76 FEET: THENCE NORTH 17'13'00" WEST
51.00 FEET TO TEE BEGINNING OF A NON-TANGENT 25.00 FOOT RADIUS CURVE CONCAVE NORTEERLY, A RADIAL LINE TO SAID POINT BEARS SOUTB
17'13'00" EAST: THENCE WESTERLY, NORTHWESTERLY AND NORTHERLY ALONG SAID CURVE 38.42 FEET THROUGH A CENTRAL ANGLE OF 88.03'39'' TO THE TRUE POINT OF BEGINNING.
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PHASE I1
PLANNING AREAS 25 - 30
LEGAL DESCRIPTION
BEING A SUBDIVISION OF A PORTION OF SECTIONS 27, 28, 33 AND 34 ALL IN TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BEIZNARDINO MERIDIfi
CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, DESCRIBED AS
FOLLOWS :
BEGINNING AT A POINT ON THE WESTERLY LINE OF SAID SECTION 27, DISTANT THEREON SOUTH 0.*34'09" WEST 230.98 FEET FROM THE NORTHWEST CORNER TEEREOF, SAID POINT ALSO BEING TEE INTERSECTI( OF SAID WESTERLY LINE AND THE SOUTHERLY LINE OF TEAT CERTAIN
EASEMENT FOR PUBLIC ROAD RECORDED IN THE OFFICE OF THE COUNTY
89-345765 OF OFFICIAL RECORDS: TBENCE ALONG THE SOUTHERLY AND SOUTEWESTERLY LINE OF SAID EASEMENT, NORTH 72'47'00" EAST 161.' FEET TO THE BEGINNING OF A TANGENT 25.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE NORTHEASTERLY , EASTERLY AND
SOUTHEASTERLY ALONG SAID CURVE 40.36 FEET THROUGI? A CENTRAL ANGLE OF 92'30'00"; THENCE TANGENT TO SAID CURVE SOW 14*43'01 EAST 689.57 FEET TO THE BEGINNING OF A.TANGENT 901.00 E'WT RADIUS CURVE CONCAVE NORTBEASTERLY: TEENCE SOUTHEASTERLY AND
EASTERLY ALONG SAID CURVE 1135.38 FEET THROUGB A CENTRAL ANGLE OF 72'12'00": THENCE TANGENT TO SAID CURVE SOUTH 86'55'00" EAS' 217.41 FEET TO TEE MOST NORTHERLY CORNER OF CITY OF CARLSBAD
IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
RECORDER OF SAN DIEGO COUNTY, JUNE 29, 1989 AS FILE NO.
TRACT NO. 85-35 (AVIARA PBASE 1 - UNIT E), ACCORDING TO MAP THEREOF NO- 12413, FILED IN TEE OFFICE OF TEE COUNTY RECORDER, JUNE 29, 1989; THENCE ALONG TEE WESTERLY BOUNDARY mEOF SOUT 47'10'50". WEST 350.89 FEET; THENCE SOUTH 40'43'12" WEST 605.23 FEET; TSENCE SOUTH 17'45'00" EAST 846.44 FEET; THENCE SO- 16'45'00" WEST 112.44 FEET; THENCE SOUTH 12'58'00" EAST 1804.7 FEET; THENCE SOUTEI 31'51'00" EAST 700.07 FEET; TBENCE SOUTH
6'33'30" EAST 495.49 FEET: THENCE SOUTH 14'29'30" WEST 519.43
FEET TO AN ANGLE POINT TEEREIN, SAID POINT ALSO BEING A POINT
' TEE AGREED BOUNDARY OF TEE TITLE SETTLEMENT AND EXCHANGE
AGREEMENT AND CONVeYANCE OF PUBLIC ACCESS EASEMENT, RECORDED JUNE 10, 1988 AS FILE NO. 88.278452 OF OFFICIAL RECORDS; THENC
ALONG SAID AGREED BOUNDARY-. NORTH. 20 ' 30 ' 00 " WEST 117.. 43 FEET ;
TIfENCE NORTH 85'00'00" WEST 71.00 FEET: THENCE SOUTH 25'30'00"
SOUTE 33'30'00" WEST 146.00 FEET: THENCE SOUTH 55'30'00" WEST
52.00 FEET; TBENCE SOUTE 77'30'00" WEST 358.00 FEET; THENCE
SOUTE 55'10'00" WEST 167.00 FEET; THENCE SOUTH 75'f8'0ON WEST
WEST 223.00 FEET; TEENCE SOUTH 10'45'00" EAST 53.00 FEET: WEN
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42.00 FEET; THENCE NORTE 83'56'00" WEST 117.00 FEET; THENCE NORTH 73'50'00" WEST 99.00 FEET; THENCE NORTH 79'~Q'Oo" HEST 147.00 FEET; THENCE NORTH 74'10'00" WEST 190.00 FEET; THENCE
NORTH 68.56'02" WEST 346.00 FEET; THENCE NORTH 73*16'2610 WEST
174.03 FEET; TEENCE NORTH 84'00'00" WEST 124.00 FEET; THENCE SOUTH 78.00'00" WEST 447.00 FEET; THENCE NORTH 83'00'00" WEST
123.73 FEET: TEENCE NORTH 32.17'46" WEST 561.76 FEET; THENCE
NORTH 69*15'09" WEST 228.25 FEET TO A POINT ON THE WESTERLY L1
OF THE EAST HRLP OF TEE NORTEEAST QUARTER OF SAID SECTION 33,
DISTANT TEEREON SOUTH 0.43'34" EAST 788.20 FEET FROM T?lE
RECORD OF SURVEY MAP NO. 10774, FILED IN TEE OFFICE OF SAID SI DIEGO COUNTY RECORDER, OCTOBER 30, 1986 AS FILE NO. 86-494180 OFFICIAL RECORDS: THENCE ALONG TEE BOUNDARY OF SAID RECORD OF SURVEY NO. 10774, NORTH 0.43'34'' WEST 788.20 FEET; THENCE NOR4
0'31'09" EAST 1357.67 FEET; TEENCE SOUTB 89'08'21" EAST 1358.2
FEET; THENCE NORTH 23'17'49" EAST 157.02 FEET; THENCE SOUTB 83.48'32" EAST 182.90 FEET: TEENCE NORTH 63'48'24" EAST 118.55 FEET; THENCE NORTE 46'13'59" EAST 66.87 FEET; THENCE NORTH
21.18'51" EAST 78.99 FEET; TBENCE NORTE 14'41'04" WEST 271.89
FEET: THENCE NORTB 26*24'56'' WEST 112.98 FEET; TEENCE WRTB 44'10'38" WEST 189.09 FEET; THENCE NORTK 36'53'26" WEST 81.01 FEET; TEENCE NORTH 17'21'54" WEST 96.54 FEET; THENCE NORTH 7.59'33" WEST 108.38 FEET: THENCE NORTH 3.53'04" EAST 180.75
FEET: THENCE NORTB 35'32'01" WEST 142.05 PEET TO TEE EAST
QUARTER CORNER OF SAID SECTION 28; THENCE CONTINUING ALONG SA1 BOUNDARY LINE NORTH 0.34'09" EAST 2485.34 FEET TO TEE POINT 01 BEGINNING.
NORTHWEST CORNER OF SAID EAST BALP, AS SAID POINT IS SHOWN ON
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