HomeMy WebLinkAboutKelly Land Company; 2002-01-14;This Purchase Agreement (this “Agreement”), dated as of JAN 14, 20102 (the
“Execution Date”), between Kelly Land Company, a Delaware corporation (“Buyer”), and City
of Carlsbad, a municipal corporation (“Seller”), is entered into with reference to the recitals set
forth below. Seller and Buyer are sometimes referred to herein collectively as the “Parties”, and
individually as a “Party.”
RECITALS
A. Seller is the owner of approximately six tenths (0.6) of an acre of certain real
property located in the City of Carlsbad, State of California, which property is more particularly
described and shown on Exhibit “A” attached hereto (the “Property”).
B. Pursuant to Condition 8 1 of Carlsbad Tentative Map [No. CT97-16A] (Planning
Commission Resolution No. 4963) (“Tentative Map”), Buyer is required to negotiate for
acquisition of the Property in order to construct thereon a portion of a mandated roadway
commonly known and referred to herein as “Whitman Way”.
C. Buyer and Seller have negotiated Buyer’s acquisition of the Property in
conformance with the above referenced condition, and accordingly Seller desires to sell to Buyer,
and Buyer desires to purchase from Seller, the Property, on the terms and conditions set forth
herein.
AGREEMENT
NOW, THEREFORE, in connection with the recitals set forth herein above, and for good
and valuable consideration the receipt of which is hereby acknowledged by each of the parties, the
parties hereby agree as follows:
1. Sale and Conveyance. Seller shall sell to Buyer, and Buyer shall purchase
from Seller, the Property, upon the terms and conditions set forth in this Agreement.
2. Tit&. Title to the Property shall be conveyed to Buyer subject only to (a)
real property taxes not then delinquent, if applicable, and (b) the matters shown on the
Commitment (as defined in Section 4 below) and accepted by Buyer.
3. Purchase Price. The purchase price for the Property (the “Purchase
Price”) shall be (a) the sum of Two Hundred Forty Thousand Dollars ($240,000), which price has
been calculated as the product of (i) the approximate size of the Property times (ii) Seller’s
currently designated park-in-lieu fee of Four Hundred Thousand Dollars ($400,000) per acre, less
(b) the cost of the Title Policy. The Purchase Price, plus or minus any prorations and adjustments
as provided for herein, shall be paid by Buyer to Seller by federal funds wire transfer or cashiers
SD:Dh4lV\GRKRB\Sl208066.4
092501 -l-
check or other immediately available funds upon the closing ofthe transaction contemplated herein
pursuant to Section 5 below (the “Closing”).
4. Condition of Title. Within seven (7) days after the Execution Date, Seller
shall deliver to Buyer, at Seller’s expense and for Buyer’s review and approval, two copies of a
preliminary title report (“Commitment”) and all documents reflected as exceptions in the
Commitment, if any (the “Title Documents”), from First American Title Insurance Company
(“Title Insurer”), for a CLTA title policy, on the standard form issued in California (the “Title
Policy”). Buyer shall be entitled to object, by written notice (“Buyer’s Notice”) delivered to
Seller within fourteen (14) days after Buyer’s receipt of the Commitment and Title Documents,
to any matters shown on the Commitment which would preclude or hinder the Property’s use as
a portion of Whitman Way as mandated by the Tentative Map (including, without limitation, any
liens on the Property). Seller hereby covenants that, prior to Closing, Seller shall cause, at Seller’s
sole expense, all matters listed in Buyer’s Notice to be removed from the Commitment.
5. The Closing shall take place no later than the recordation of the Closing.
Final Map contemplated by the Tentative Map, provided that all conditions precedent to the
Closing have been fulfilled.
6. Conditions to Buver’s Oblipation to Close. Buyer shall not be obligated to
proceed with the Closing unless and until each of the following conditions has been fulfilled:
a. Citv Council Anuroval of Final Man. The City Council for the City
of Carlsbad shall have given its final approval of the Final Map contemplated by the Tentative
Map.
b. No Uncured Breaches. There shall have been no uncured material
breach of any representation, warranty or covenant given by Seller herein.
C.
to issue the Title Policy.
Title Insurance. Title Insurer shall be unconditionally committed
d. Closing Deliveries. Title Insurer or Seller shall be prepared to
deliver to Buyer all instruments and documents to be delivered to Buyer at the Closing pursuant
to any provision of this Agreement.
7. Conditions to Seller’s Obligation to Close. Seller shall not be obligated to
proceed with the Closing unless and until each of the following conditions has been fulfilled:
a. Citv Council Aonroval of Final Man. The City Council for the City
of Carlsbad shall have given its final approval of the Final Map contemplated by the Tentative
Map.
b. Closine Deliveries. Title Insurer or Buyer shall be prepared to
deliver to Seller all funds, instruments and documents to be delivered to Seller at the Closing
pursuant to any provision of this Agreement.
SD:DMI\AGR\CRBL51208066.4
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7
8. Deliveries Uuon Closinq.
a. Seller’s Closinp Deliveries. At or prior to Closing, Seller shall
deliver or cause to be delivered to Buyer through the Title Insurer or otherwise, each of the
following instruments and documents:
i. A grant deed (on Title Insurer’s standard grant deed form)
executed and acknowledged by Seller;
executed by Seller;
ii. The Easement Agreement described in Section 12 below,
. . . ill. A settlement statement, if applicable, reflecting any
prorations and credits herein provided for and approved by Buyer, executed by Seller; and
iv. Such other documents and instruments as may be required
by any provision of this Agreement or as may be reasonably required by Title Insurer or otherwise
to carry out the terms and intent of this Agreement.
b. Buver’s Closing Deliveries. At or prior to Closing, Buyer shall
deliver or cause to be delivered to Seller through the Title Insurer or otherwise, each of the
following instruments and documents:
i. The Purchase Price;
executed by Buyer;
ii. The Easement Agreement described in Section 12 below,
. . . ill. A settlement statement, if applicable, reflecting any
prorations and credits herein provided for and approved by Seller, executed by Buyer; and
iv. Such other documents and instruments as may be required
by any provision of this Agreement or as may be reasonably required by Title Insurer or otherwise
to carry out the terms and intent of this Agreement.
9. Closing Expenses: Prorations.
a. Fees Paid bv Seller. All recording fees, conveyance fees, fees for
releasing liens and encumbrances, and one-half (l/2) of the escrow fee, if any, shall be paid by
Seller.
b. Fees Paid bv Buyer. The cost of the Title Policy, and one-half (l/2)
of the escrow fee, if any, shall be paid by Buyer.
C. Prorations. All real property taxes and assessments attributed to
the Property, if any, shall be prorated as of the date of the Closing. Seller shall be responsible for
real property taxes and assessments, if any, for the period prior to the date of the Closing, and
SD:DMI\AGR\CRBU1208066.4
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Buyer shall be responsible for real property taxes and assessments, if any, from and after the date
of the Closing, regardless of when such amounts are billed, due or payable.
10. Warranties of Seller. Seller hereby warrants to Buyer on the date of this
Agreement and as of the Closing Date:
a. Seller has the legal power, right and authority to enter into this
Agreement and to consummate the transactions contemplated by this Agreement;
b. All requisite action has been taken by Seller in connection with
entering into this Agreement and the consummation of the transactions contemplated by this
Agreement;
C. There are no actions, suits, claims, legal proceedings or any other
proceedings affecting the Property or any portion of the Property, at law or in equity, before any
court or governmental agency, domestic or foreign; and
d. No notices of violation of any federal, state, county or municipal or
other governmental agency law, ordinance, regulation, order, rule or requirement relating to the
Property, or any portion of the Property, have been issued or entered or received by Seller, and
Seller has no reason to believe that any such notice may or will be, issued, entered or received.
11. Warranties of Buyer. Buyer warrants to Seller that on the date of this
Agreement and as of the Close of Escrow:
a. Buyer has the legal power, right and authority to enter into this
Agreement and to consummate the transactions contemplated by this Agreement;
b. All requisite action (corporate, partnership, trust or otherwise) has
been taken by Buyer in connection with entering into this Agreement and the consummation of the
transactions contemplated by this Agreement; and
C. The individual executing this Agreement on behalf of Buyer has the
legal power, right, and actual authority to bind Buyer to the terms and conditions of this
Agreement.
12. Easement Ameements. The Parties hereby acknowledge and agree that in order to construct Whitman Way, it will be necessary for Buyer to use certain real property adjoining the Property,
which real property is owned by Seller, and more particularly described in Exhibit “B” attached hereto (the
“Slope Easement Property”) for purposes of construction grading and staging, and as more particularly
described in Exhibit “C” (the “Landscape Easement Property”) for purposes of landscaping. Accordingly,
Buyer and Seller shall enter into one or more temporaq easement agreement(s) (the “Easement
Agreement(s)“) wherein Seller shall grant to Buyer a temporary easement to use the Slope Easement
Property and the Landscape Easement Property for such purposes, on terms and conditions to be mutually
agreed upon by the Parties.
13. Notices. Unless otherwise specifically provided herein, all notices, demands or other
communications (“Notices”) given hereunder shall be in writing and shall be deemed to have been delivered
SD:DMl\AGR\CRBi5I208066.4
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4
upon receipt. All Notices shall be given either by (i) personal delivery Buyer or Seller, respectively
addressed as set forth below, (ii) facsimile transmission to Buyer or Seller, respectively addressed as set forth
below, or (iii) certified mail, return receipt requested, postage prepaid, addressed as follows:
If to Seller, to:
The City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, California 92008-1989
Attention: Lloyd Hubbs
Fax: (760) 434-8367
Telephone: (760) 434-289 1
If to Buyer, to:
Kelly Land Company
20 11 Palomar Airport Road, Suite 112
Carlsbad, California 92009
Attention: Scott Medansky
Fax: (760) 93 l-7950
Telephone: (760) 931-1190
With copy to:
Sheppard, Mullin, Richter & Hampton LLP
50 1 West Broadway, Suite 1900
San Diego, California 92 10 1
Attention: Christopher B. Neils, Esquire
Fax: (619) 234-3815
Telephone: (619) 338-6500
If to Title Insurer, to:
First American Title Insurance Company
411 Ivy Street
San Diego, CA 92101
Escrow No. OO-2224-AS 1
(Title Order No. 1271195-15)
Attention: Angelique Sizemore, Escrow Officer
Fax: 619-238-1934
Telephone: 619-238-1776
14. Buver’s Right to Assign Agreement. The Parties acknowledge that Buyer is
under contract to sell in bulk most of the land which is subject to the Tentative Map and adjoins
the future location of Whitman Way to Shea Homes Limited Partnership, a California limited
partnership (“Shea”). Buyer shall have the right to assign this Agreement to Shea, on condition
that Buyer shall give written notice thereof to City within ten (10) days after such assignment,
SD:DMI\AGR\CRB\S1208066.4
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15. Miscellaneous.
a. Section Headings. Section headings in this Agreement are inserted
for convenience of reference only and do not define, describe or limit the scope or the intent ofthis
Agreement or any of terms hereof.
b. Exhibits. All exhibits referred to in this Agreement and attached to
this Agreement, are a part of, and incorporated in, this Agreement.
C. Entire Agreement. This Agreement contains the entire agreement
between the parties relating to the transactions contemplated by this Agreement and all prior or
contemporaneous agreements, understandings, representations and statements, oral or written, are
merged in this Agreement.
d. Amendments. No modification, waiver, amendment, discharge or
change of this Agreement shall be valid unless the same is in writing and signed by the party against
which the enforcement of such modification, waiver, amendment, discharge or change is or may
be sought.
e. Successors and Assigns. All terms ofthis Agreement shall be binding
upon and inure to the benefit of and be enforceable by the parties and their respective legal
representatives, successors and assigns.
f. Anolicable Law. This Agreement shall be construed and enforced
in accordance with the laws of the State of California, and venue shall reside in San Diego County,
California.
g* Counternarts. This Agreement may be signed in multiple
counterparts, each of which shall be deemed an original, but such counterparts shall together
constitute one and the same agreement.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
SD:DMI\AGR\CRB\S 1208066.4
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\\
IN WITNESS WHEREOF, this Agreement has been executed as ofthe day and year
first above written.
“Buyer” KELLY LAND COMPANY,
a Delaware corporation
By:
“Seller”
APPROVED TO FORM: ATTEST:
Claude A! Lewys, Mayor
l&int Name and Title]
Carlsbad City Attorney
SD:DMI\AGR\CRB\S1208066.4
092501 -7-
STATE OF CALIFORNIA)
ersonally appeared
> personally known
person(s) whose
name(s) lrrfare subscribed to the within instrument and acknowledged to me that
l&&&hey executed the same in h&%&their authorized capacity (ies), and that by
hi&i&their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
WITNESS my hand ad official seal.
7
Comminion# 123X371 I
1 ~~aryhblll-cc M&n& f
sm D&t0 County
>-.WWCipZ3,2&
(SEAL)
c-z-z
EXHIBIT 'A'
LEGAL DESCRIPTION
FOR
PORTION OF WHITMAN WAY RIGHT-OF-WAY
BEING A PORTION OF LOT ‘F" OF RANCH0 AGUA HEDIONDA, ACCORDING TO MAP
THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, DESCRIBED IN A DEED RECORDED IN BOOK 3942, PAGE 32, DATED NOVEMBER
16, 1896, OF OFFICIAL RECORDS 0F COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL ‘A’
COMMENCING AT POINT 6 OF LOT ‘F' OF SAID RANCH0 AGUA HEDIONDA; THENCE EAST-
ERLY ALONG THE NORTHERLY BOUNDARY OF SAID LOT ‘F' BEING A COMMON BOUNDARY
WITH LOT 'I' OF SAID RANCH0 AGUA HEDIONDA SOUTH 86O50'44" EAST 2568.96 FEET
TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID BOUNDARY
1. SOUTH 86O50'44" EAST 446.45 FEET
2. WESTERLY 157.82 FEET
3. NORTH 86O50'44" WEST 155.02 FEET
4. WESTERLY 192.72 FEET
5. SOUTH 52O15'27" WEST 16.13 FEET
6. SOUTHEASTERLY 32.43 FEET
T:Temp_WP\1224-WHITSTDED.DOC (11/Z/01)
/k;d
TO THE BEGINNING OF A NON-TANGENT
410.00 FOOT RADIUS CURVE CONCAVE
TO THE NORTH, A RADIAL LINE TO
SAID BEGINNING BEARS SOUTH
18O53'59" EAST; THENCE LEAVING
SAID BOUNDARY AND ALONG THE ARC
OF SAID CURVE
THROUGH A CENTRAL ANGLE OF
22OO3'15"; THENCE
TO THE BEGINNING OF A TANGENT
270.00 FOOT RADIUS CURVE CONCAVE
TO THE SOUTH; THENCE ALONG THE
ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF
40O53'49"; THENCE
TO THE BEGINNING OF A TANGENT
20.00 FOOT RADIUS CURVE CONCAVE
TO THE EAST; THENCE ALONG THE ARC
OF SAID CURVE
THROUGH A CENTRAL ANGLE OF
92O53'35" TO THE INTERSECTION
WITH THE PROPOSED EASTERLY RIGHT-
OF-WAY OF FARADAY AVENUE AND A
CUSP OF A TANGENT CURVE WITH A
PAGE 1 OF 4
\ . I
7. NORTHWESTERLY
842.00 FOOT RADIUS CURVE CONCAVE
TO THE SOUTHWEST, A RADIAL LINE
TO SAID BEGINNING BEARS NORTH
49O21'52" EAST; THENCE ALONG SAID
PROPOSED EASTERLY RIGHT-OF-WAY
AND THE ARC OF SAID CURVE
98.32 FEET THROUGH A CENTRAL ANGLE OF
6O41'25" TO THE BEGINNING OF A
CUSP OF A TANGENT CURVE WITH A
20.00 FOOT RADIUS CURVE CONCAVE
NORTHEASTERLY, A RADIAL LINE TO
SAID BEGINNING BEARS SOUTH
42O40'27" WEST; THENCE LEAVING
SAID PROPOSED EASTERLY RIGHT-OF-
WAY AND ALONG THE ARC OF SAID
CURVE
8. NORTHEASTERLY 28.07 FEET THROUGH A CENTRAL ANGLE OF
80°25'OO"; THENCE
9. NORTH 52O15'27" EAST 27.06 FEET TO THE BEGINNING OF A TANGENT
330.00 FOOT RADIUS CURVE CONCAVE
TO THE SOUTHEAST; THENCE ALONG
THE ARC OF SAID CURVE
10. NORTHEASTERLY 93.75 FEET THROUGH A CENTRAL ANGLE OF
16O16'37" TO THE TRUE POINT OF
BEGINNING.
CONTAINS 0.468 ACRE, MORE OR LESS.
PARCEL 'B'
COMMENCING AT POINT 6 OF SAID LOT 'F' OF SAID RANCH0 AGUA HEDIONDA; THENCE
EASTERLY ALONG THE NORTHERLY BOUNDARY LINE OF SAID LOT ‘F' BEING A COMMON
BOUNDARY WITH LOT 'I' OF SAID RANCH0 AGUA HEDIONDA SOUTH 86O50'44" EAST
3015.41 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID
BOUNDARY
1. SOUTH 86O50'44" EAST 46.21 FEET; THENCE LEAVING SAID BOUNDARY
2. SOUTH 63O20'44" WEST 46.08 FEET; THENCE
3. SOUTH 68O50'29" WEST 63.93 FEET; THENCE
4. SOUTH 76O26'50" WEST 70.54 FEET; THENCE
5. NORTH 88O54'53" WEST 72.72 FEET; THENCE
T:Temp_WP\1224-WHITSTDD.DOC (11/2/01) PAGE 2 OF 4
6.
7.
8.
9.
NORTH 73O25'51" WEST 106.70 FEET;
SOUTH 79O55'09" WEST 79.46 FEET;
SOUTH 63OO5'17" WEST 68.82 FEET;
SOUTH 53O34'49" WEST 72.68 FEET
10. NORTHWESTERLY 15.00 FEET
11.
12.
13.
14.
15. EASTERLY 157.82 FEET
NORTHEASTERLY 32.43 FEET
NORTH 52O15'27" EAST 16.13 FEET
NORTHEASTERLY 192.72 FEET
SOUTH 86O50'44" EAST 155.02 FEET
THENCE
THENCE
THENCE
TO THE INTERSECTION WITH THE
PROPOSED EASTERLY RIGHT-OF-WAY OF
FARADAY AVENUE AND THE BEGINNING
OF A NON-TANGENT 842.00 FOOT
RADIUS CURVE CONCAVE TO THE
SOUTHWEST, A RADIAL LINE TO SAID
BEGINNING BEARS NORTH 5OO23'07"
EAST; THENCE ALONG SAID PROPOSED
EASTERLY RIGHT-OF-WAY AND THE ARC
OF SAID CURVE
THROUGH A CENTRAL ANGLE OF
1001'15" TO THE BEGINNING OF A
20.00 FOOT RADIUS REVERSE CURVE
CONCAVE TO THE EAST, A RADIAL
LINE TO SAID BEGINNING BEARS
SOUTH 49021'52" WEST; THENCE
LEAVING SAID EASTERLY RIGHT-OF-
WAY AND ALONG THE ARC OF SAID
CURVE
THROUGH A CENTRAL ANGLE OF
92O53'35"; THENCE
TO THE BEGINNING OF A TANGENT
270.00 FOOT RADIUS CURVE CONCAVE
SOUTHEASTERLY; THENCE ALONG THE
ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF
40O53'49"; THENCE
TO THE BEGINNING OF A TANGENT
410.00 FOOT RADIUS CURVE CONCAVE
TO THE NORTH; THENCE ALONG THE
ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF
22OO3'15" TO THE TRUE POINT OF
BEGINNING.
CONTAINS 0.403ACRE, MORE OR LESS.
T:Tanp_WP\1224-WHITSTDED.~ (11/2/01) PAGE 3 OF 4
PARCEL 'C'
COMMENCING AT POINT 6 OF SAID LOT ‘F' OF SAID RANCH0 AGUA HEDIONDA; THENCE
EASTERLY ALONG THE NORTHERLY BOUNDARY LINE OF SAID LOT ‘F' BEING A COMMON
BOUNDARY WITH LOT 'I' OF SAID RANCH0 AGUA HEDIONDA SOUTH 86O50'44" EAST
2347.96 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID
BOUNDARY
1. SOUTH 86O50'44" EAST 221.00 FEET
2. SOUTHWESTERLY 93.75 FEET
3. SOUTH 52O15'27" WEST 27.06 FEET;
4. NORTHWESTERLY
5. NORTHWESTERLY
CONTAINS 0.183 ACRE,
28.07 FEET
118.20 FEET
TO THE BEGINNING OF A NON-TANGENT
330.00 FOOT RADIUS CURVE CONCAVE
TO THE SOUTHEAST, A RADIAL LINE
TO SAID BEGINNING BEARS NORTH
21O27'56" WEST; THENCE LEAVING
SAID BOUNDARY AND ALONG THE ARC
OF SAID CURVE
THROUGH A CENTRAL ANGLE OF
16O16'37"; THENCE
TO THE BEGINNING OF A TANGENT
20.00 FOOT RADIUS CURVE CONCAVE
TO THE NORTH, A RADIAL LINE TO
SAID BEGINNING BEARS SOUTH
37O44'33" EAST; THENCE ALONG THE
ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF
80°25'OO" TO THE INTERSECTION
WITH THE PROPOSED EASTERLY RIGHT-
OF-WAY OF FARADAY AVENUE AND THE
BEGINNING OF A 842.00 FOOT RADIUS
REVERSE CURVE CONCAVE TO THE
SOUTHWEST, A RADIAL LINE TO SAID
BEGINNING BEARS NORTH 42O40'27"
EAST; THENCE ALONG SAID PROPOSED
EASTERLY RIGHT-OF-WAY AND THE ARC
OF SAID CURVE
THROUGH A CENTRAL ANGLE OF
8OO2'36" TO THE TRUE POINT OF
BEGINNING.
r REX S. PLUMMER DATE
LS 6641
EXPIRATION DATE 12/31/03
OF 4
i
LEGML DExRlP77tMk
THIS IS A PoRnON Of LOT ?’ OF RANCH0 AWA iifOloNoA
MAP NO. 823 iN THE CITY w CARLSBAD, IN THE COUNTY
OF SAN D/EGO, IN 77% STA TE Of CALiF@?NiA
ASESQVS PUNXZ NO.3
212-010-05, 212-OlO- 11
OUUER
CITY w cARLs8AD
1635 FARADAY A KNUE w CARLSBAD, CALtFtBHA 9m
THE 8ASiS of EEARINGS FOR TUiS DRAWtNGdS
A PORT/@/ of THE NmTHERiY LINE OF LOT “F’ m
RANCH0 AGUA titBdoE#IA MAP NO. 823
I.E. NORTH 86m’44” KST
PRO.EClDES7GW CWSIJL TANTS
701 6 SlREET
SAN LXGO, CALKlHWA 92101
PHM: (619) 235-64171
~::::::::::::11 IMLKATES PARCEL 3; STREET DEolCATlON OF WHlTMAN WAY . . . . . . . . . . . . TOTAL AREA =0.46% ACIKS
jmj MICA TES PARaL ‘8; SLm EASELIENT
TOTAL AREA =0.403 ACRES
\\\\1 B#ICA TES PAML ‘C; LANDSCAPE EASEMENT
TOTAL AREA =0.183 ACRES
INolCATES POiNT OF COMMENCEMENT
TRtJF POlNT OF RFtZtNNINT:
7
REX S. PLUiU#ER, L.S. 6641
RzL;ysnwmi mmfs 12/31/2oA3
I SlREET DEtwcAm - Iw LOT r MAP NO. 823 I PPLICANT .
ELLY LAIjO CtwPAuY mAl?Eo BE AppIpom BYi
91, PA/ mm =T /Q. mcm= m TANTS N/’ - eR =‘fi “$f
E 7010SIREE7; SlJIEt%I rr
AD. CA. 92009 SAN DIECO, CA 92101 ~~ml*/31/os mlE .
P \M~~g\1224.sO\pLATs\122l~itStDed\1224~itStDed-O1.d*g Nov 06, 2001
A.P.N.
212-010-05 & iw-CM-11
GRAPHIC SCALE
lal 0 sl ub 200 1 1 1 I
L4 N86’so’44”W 46.21’
15 M6320’44?Z 46.08’
rs 1, iv&w29”E $393’ L? J #B%‘soT 2 7054’
L8 N8834’53*W 72.72’
L9 N73’25’51 “W 106.70’
79.46’ 1
(m-1 1 iada = II30 ft.
1 C61330.’ 11676’37’1 93.75’1
IfZ71842.00’ b802’3d 1ls.20~
1 Cl31 842.00 1 OlIIl’l5’ 1 15.00’)
SIKET lADCAlM - iN LOT r MAP NO. 823
- twFwEv BE IELLY LAhb CaMNY
loll PAL&AI? MP@?T @. H?tXCJlE’ CCMUTANrS
701 B SJREET, SLUIE 8&I
sRLSiwI. CA. 92009 SAN omo, CA 92101
EXHBIT t3’ wzc?w2
A.P.N.
212-010-05 & 212-OlO- 11
\0
PURCHASE AGREEMENT
This Purchase Agreement (this "Agreement"), dated as of February 3 2002 (the
"Execution Date"), between Kelly Land Company, a Delaware corporation ("Buyer"), and City
of Carlsbad, a municipal corporation ("Seller"), is entered into with reference to the recitals set
forth below. Seller and Buyer are sometimes referred to herein collectively =+he "Parties", and
individually as a "Party."
RECITALS
A. Seller is the owner of approximately six tenths (0.6) of an acre of certain real
property located in the City of Carlsbad, State of California, which property is more particularly
described and shown as parcels A and C on Exhibits "A" and "B" attached hereto (the
"Property"). Exhibit "A" is the narrative description of parcels A, B and C, and Exhibit "B" is
a plat which shows the relative position of those parcels and is attached for clarity.
B. Pursuant to Condition 81 of Carlsbad Tentative Map [No. CT97-16Al (planning
Commission Resolution No. 4963) ("Tentative Map"), Buyer is required to negotiate for
acquisition of the Property in order to construct thereon a portion of a mandated roadway
commonly known and referred to herein as "Whitman Way".
C. Buyer and Seller have negotiated Buyer's acquisition of the Property in
conformance with the above referenced condition, and accordingly Seller desires to sell to Buyer,
and Buyer desires to purchase from Seller, the Property, on the terms and conditions set forth
herein.
AGREEMENT
NOW, THEREFORE, in connection with the recitals set forth herein above, and for good
and valuable consideration the receipt ofwhich is hereby acknowledged by each ofthe parties, the
parties hereby agree as follows:
1. Sale and Conveyance. Seller shall sell to Buyer, and Buyer shall purchase
from Seller, the Property, upon the terms and conditions set forth in this Agreement.
2. m. Title to the Property shall be conveyed to Buyer subject only to (a)
real property taxes not then delinquent, if applicable, and (b) the matters shown on the
Commitment (as defined in Section 4 below) and accepted by Buyer.
3. Purchase Price. The purchase price for the Property (the "Purchase
Price") shall be (a) the sum ofTwo Hundred Forty Thousand Dollars ($240,000), which price has
been calculated as the product of (i) the approximate size of the Property times (ii) Seller's
currently designated park-in-lieu fee ofFour Hundred Thousand Dollars ($400,000) per acre, less
(b) the cost ofthe Title Policy. The Purchase Price, plus or minus any prorations and adjustments
SDDMI\AGR\CRB\51208V66.6
020702 -1-
as provided for herein, shall be paid by Buyer to Seller by federal funds wire transfer or cashiers
check or other immediately available funds upon the closing ofthe transaction contemplated herein
pursuant to Section 5 below (the "Closing").
4. Condition ofTitle. Seller has delivered to Buyer, and Buyer acknowledges
receipt of a preliminary title report order number 1271 195-15 dated October 2, 2001 ("PTR)
and all documents reflected as exceptions in the PTR, if any (the "Title Documents"), from First
American Title Insurance Company ("Title Insurer"), as a preliminary for a CLTA title policy,
on the standard form issued in California (the "Title Policy"). Buyer hereby approves the matters
shown in the PTR and Title Documents.
5. w. The Closing shall take place no later than five (5) days after
approval by Council of this Agreement, on condition that the recordation of the Final Map
contemplated by the Tentative Map has already occurred, and provided that all conditions
precedent to the Closing have been fulfilled.
6. Conditions to Buver's Oblination to Close. Buyer shall not be obligated to
proceed with the Closing unless and until each of the following conditions has been fdfilled:
a. Citv Council Auuroval ofFinal Map. The City Council for the City
of Carlsbad shall have given its final approval of the Final Map contemplated by the Tentative
Map.
b. No Uncured Breaches. There shall have been no uncured material
breach of any representation, warranty or covenant given by Seller herein.
c. Title Insurance. Title Insurer shall be unconditionally committed
to issue the Title Policy.
d. Closing Deliveries. Title Insurer or Seller shall be prepared to
deliver to Buyer all instruments and documents to be delivered to Buyer at the Closing pursuant
to any provision of this Agreement.
7. Conditions to Seller's Obligation to Close. Seller shall not be obligated to
proceed with the Closing unless and until each of the following conditions has been fulfilled:
a. Citv Council Amroval of Final Mau. The City Council for the City
of Carlsbad shall have given its final approval of the Final Map contemplated by the Tentative
Map.
b. Closing Deliveries. Title Insurer or Buyer shall be prepared to
deliver to Seller all funds, instruments and documents to be delivered to Seller at the Closing
pursuant to any provision of this Agreement.
SDDMIIAGR\CRB!S1208066.6
020702 -2-
8. Deliveries UDon Closing.
a. Seller's Closing Deliveries. At or prior to Closing, Seller shall
deliver or cause to be delivered to Buyer through the Title Insurer or otherwise, each of the
following instruments and documents:
1. A grant deed on Title Insurer's standard grant deed form
executed and acknowledged by Seller, as to parcels A and C as depicted on-Exhibits A and B;
11. The Easement Agreement described in Section 12 below, ..
executed by Seller;
111. A settlement statement, if applicable, reflecting any ...
prorations and credits herein provided for and approved by Buyer, executed by Seller; and
iv. Such other documents and instruments as may be required
by any provision of this Agreement or as may be reasonably required by Title Insurer or otherwise
to carry out the terms and intent of this Agreement.
b. Buver's Closing Deliveries. At or prior to Closing, Buyer shall
deliver or cause to be delivered to Seller through the Title Insurer or otherwise, each of the
following instruments and documents:
1. The Purchase Price;
.. 11. The Easement Agreement described in Section 12 below,
executed by Buyer;
... 111. A settlement statement, if applicable, reflecting any
prorations and credits herein provided for and approved by Seller, executed by Buyer; and
iv. Such other documents and instruments as may be required
by any provision of this Agreement or as may be reasonably required by Title Insurer or otherwise
to cany out the terms and intent of this Agreement.
9. Closing Expenses: Prorations.
a. Fees Paid bv Seller. All recording fees, conveyance fees, fees for
releasing liens and encumbrances, and one-half (1/2) of the escrow fee, if any, shall be paid by
Seller.
b. Fees Paid bv Buver. The cost of the Title Policy, and one-half (1/2)
of the escrow fee, if any, shall be paid by Buyer.
c. Prorations. All real property taxes and assessments attributed to
the Property, if any, shall be prorated as ofthe date of the Closing. Seller shall be responsible for
real property taxes and assessments, if any, for the period prior to the date of the Closing, and
SDDMlV\GR\CRBU1208066.6
020702 -3-
Buyer shall be responsible for real property taxes and assessments, if any, from and after the date
of the Closing, regardless of when such amounts are billed, due or payable.
10. Warranties of Seller. Seller hereby warrants to Buyer on the date of this
Agreement and as of the Closing Date:
a. Seller has the legal power, right and authority to enter into this
Agreement and to consummate the transactions contemplated by this Agreement;
."
b. All requisite action has been taken by Seller in connection with
entering into this Agreement and the consummation of the transactions contemplated by this
Agreement;
C. There are no actions, suits, claims, legal proceedings or any other
proceedings affecting the Property or any portion of the Property, at law or in equity, before any
court or governmental agency, domestic or foreign; and
d. No notices of violation of any federal, state; county or municipal or
other governmental agency law, ordinance, regulation, order, rule or requirement relating to the
Property, or any portion of the Property, have been issued or entered or received by Seller, and
Seller has no reason to believe that any such notice may or will be, issued, entered or received.
11. Warranties of Buver. Buyer warrants to Seller that on the date of this
Agreement and as of the Close of Escrow:
a. Buyer has the legal power, right and authority to enter into this
Agreement and to consummate the transactions contemplated by this Agreement;
b. All requisite action (corporate, partnership, trust or otherwise) has
been taken by Buyer in connection with entering into this Agreement and the consummation ofthe
transactions contemplated by this Agreement; and
c. The individual executing this Agreement on behalf ofBuyer has the
legal power, right, and actual authority to bind Buyer to the terms and conditions of this
Agreement.
12. Easement Agreement. The Parties hereby achowledge and agree that in order to
construct Whitman Way, it will be necessaty for Buyer to use certain real property adjoining the Property,
which real property is owned by Seller, and more particularly described as parcel B in Exhibits "A" and "B"
attached hereto (the "Slope Easement Property") for purposes of construction grading and staging.
Accordingly, Seller shall grant to Buyer a temporary easement agreement (the "Temporary Slope and
Construction Easement") to use the Slope Easement Property for such purposes.
13. m. Unless otherwise specifically provided herein, all notices, demands or other
communications ("Notices") given hereunder shall be in writing and shall be deemed to have been delivered
upon receipt. All Notices shall be given either by (i) personal delively Buyer or Seller, respectively
addressed as set forth below, (ii) facsimile transmission to Buyer or Seller, respectively addressed as set forth
below, or (iii) certified mail, return receipt requested, postage prepaid, addressed as follows:
SDDMlW3R\CRB\51208066.6
020102 -4-
If to Seller, to:
The City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, California 92008-1989
Attention: Lloyd Hubbs
Telephone: (760) 434-2891
Fa: (760) 434-8367
If to Buyer, to:
Kelly Land Company
201 1 Palomar Airport Road, Suite 1 12
Carlsbad, California 92009
Attention: Scott Medansky
Fax: (760) 93 1-7950
Telephone: (760) 931-1 190
With copy to:
Sheppard, Mullin, Richter & Hampton LLP
501 West Broadway, Suite 1900
San Diego, California 92101
Attention: Christopher B. Neils, Esquire
Telephone: (619) 338-6500
Fax: (619) 234-3815
If to Title Insurer, to:
First American Title Insurance Company
41 1 Ivy Street
San Diego, CA 92101
Escrow No. 00-2224-AS 1
(Title Order No. 1271 195-15)
Attention: Angelique Sizemore, Escrow Officer
Fax: 619-238-1934
Telephone: 619-238-1776
14. Buyer’s Right to Assign Agreement. The Parties acknowledge that Buyer is
under contract to sell in bulk much of the land which is subject to the Tentative Map and adjoins
the future location of Whitman Way to Archstone-Smith Operating Trust, a Maryland real estate
investment trust (“Archstone”). Buyer shall have the right to assign this Agreement to Archstone,
on condition that Buyer shall give written notice thereof to City within ten (10) days after such
assignment.
SD:DMl\AGR\CRB\5I208066.6
020702 -5-
15. Miscellaneous
a. Section Headings, Section headings in this Agreement are inserted
for convenience of reference only and do not define, describe or limit the scope or the intent ofthis
Agreement or any of terms hereof.
b. Exhibits. All exhibits referred to in this Agreement and attached to
this Agreement, are a part of, and incorporated in, this Agreement.
c. Entire Agreement. This Agreement contains the entire agreement
between the parties relating to the transactions contemplated by this Agreement and all prior or
contemporaneous agreements, understandings, representations and statements, oral or written, are
merged in this Agreement.
d. Amendments. No modification, waiver, amendment, discharge or
change ofthis Agreement shall be valid unless the same is in writing and signed by the party against
which the enforcement of such modification, waiver, amendment, discharge or change is or may
be sought.
e. Successors and Assigns. All terms ofthis Agreement shall be binding
upon and inure to the benefit of and be enforceable by the parties and their respective legal
representatives, successors and assigns
f Applicable Law. This Agreement shall be construed and enforced
in accordance with the laws of the State of California, and venue shall reside in San Diego County,
California.
g. Counterparts. This Agreement may be signed in multiple
counterparts, each of which shall be deemed an original, but such Counterparts shall together
constitute one and the same agreement.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
SDDMI~GR\CRB\SI2OSO66.6
020702 -6-
INWITNESSWHEREOF,thisAgreementhasbeenexecutedasofthedayandyear
first above written.
"Buyer"
"Seller"
APPROVED TO FORM
KELLY LAND COMPANY,
a Delaware corporation
CITY OF CARLSBAD.
[&I Nms md Title]
ATTEST:
Carlsbad City Clerk . BY
SD.DMI\AGR\CRB\51208066.6
020702 -7-
SDDMlWOR\CRB\1I208066.6
020702
EXHIBIT “A“
The Property
[attached]
A- 1
EXBIBIT 'A'
LEGAL DESCRIPTION
FOR
PORTIOM OF IQBITWLN WAY RIGHT-OF-WAP
BEING A PORTION OF LOT 'F' OF RANCHO AGUA HEDIONDA, ACCORDING TO MAP
THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, DESCRIBED IN A DEED RECORDED IN BOOK 3942, PAGE 32, DATED NOVEMBER
16, 1896, OF OFFICIAL RECORDS OF COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL A
C-CING AT POINT 6 OF LOT 'F' OF SAID RANCHO AGUA HEDIONDA; THENCE EAST-
ERLY ALONG THE NORTHERLY BOUNDARY OF SAID LOT 'F' BEING A COMMON BOUNDARY
WITH LOT 'I' OF SAID RANCHO AGUA HEDIONDA SOUTH 86'50'44'' EAST 2568.96 FEET
TO THE TRUE !?OINT OF BEGINNING; THENCE CONTINUING ALONG SAID BOUNDARY
1.
2.
3.
4.
5.
SOUTH 86O50'44" EAST
WESTERLY
NORTH 86"50'44" WEST
WESTERLY
SOUTH 52°15'27" WEST
446.45 FEET TO THE BEGINNING OF A NON-TANGENT
TO THE NORTH, A RADIAL LINE TO
410.00 FOOT RADIUS CURVE CONCAVE
SAID BEGINNING BEARS SOUTH
18"53'59" EAST; THENCE LEAVING
OF SAID CURVE
SAID BOUNDARY AND ALONG THE ARC
157.82 FEET THROUGH A CENTRAL ANGLE OF
22"03'15"; THENCE
155.02 FEET TO THE BEGINNING OF A TANGENT
2 70.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTH; THENCE ALONG THE
ARC OF SAID CURVE
192.72 FEET THROUGH A CENTRAL ANGLE OF
40O53'49"; THENCE
16.13 FEET TO THE BEGINNING OF A TANGENT
20.00 FOOT RADIUS CURVE CONCAVE
OF SAID CURVE
TO THE EAST; THENCE ALONG THE ARC
PAGE 1 OF 5
..
6.
7.
8.
9.
10.
SOUTHEASTERLY
NORTHWESTERLY
NORTHEASTERLY
NORTH 52°15'27" EAST
NORTHEASTERLY
32.43 FEET THROUGH A CENTRAL ANGLE OF
92'53'35" TO THE INTERSECTION
WITH THE PROPOSED EASTERLY RIGHT-
OF-WAY OF FARADAY AVENUE, AND THE
BEGINNING OF A TANGENT 842.00
SOUTHWEST, A RADIAL LINE TO SAID
FOOT RADIUS CURVE CONCAVE TO THE
BEGINNING BEARS NORTH 49"21'52"
EAST; THENCE ALONG SAID RIGHT-OF-
WAY AND THE ARC OF SAID CURVE
98.32 FEET THROUGH A CENTRAL ANGLE OF
06"41'25" TO THE BEGINNING OF A
TANGENT 20.00 FOOT RADIUS CURVE
CONCAVE TO THE NORTH, A RADIAL
LINE TO SAID BEGINNING BEARS
LEAVING SAID RIGHT-OF-WAY AND SOUTH 42'40'27'' WEST; THENCE
ALONG THE ARC OF SAID CURVE
28 -07 FEET THROUGH A CENTRAL ANGLE OF
80"25'00"; THENCE
27.06 FEET TO THE BEGINNING OF A TANGENT
TO THE SOUTHEAST; THENCE ALONG 330.00 FOOT RADIUS CURVE CONCAVE
THE ARC OF SAID CURVE
93.75 FEET THROUGH A CENTRAL ANGLE OF
16"16'37" TO THE TRUE POINT OF
BEGINNING.
CONTAINS 0.468 ACRES, MORE OR LESS.
PARCEL B
CObQ4ENCING AT POINT 6 OF SAID LOT 'F' OF SAID RANCH AGUA HEDIONDA; THENCE
EASTERLY ALONG THE NORTHERLY BOUNDARY LINE OF SAID LOT 'F' BEING A COMMON
BOUNDARY WITH LOT 'I' OF SAID RANCHO AGUA HEDIONDA SOUTH 86'50'44'' EAST
3015.41 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID
BOUNDARY
1. SOUTH 86°50'44" EAST 46.21 FEET; THENCE LEAVING SAID BOUNDARY
2- SOUTH 63'20'44'' WEST 46.08 FEET; THENCE
3. SOUTH 68'50'29'' WEST 63.93 FEET; THENCE
4. SOUTH 76'26'50'' WEST
5. NORTH 88"54'53" WEST
6- NORTH 13°25'51" WEST
7. SOUTH 79°55'09" WEST
8- SOUTH 63O05'17" WEST
9- SOUTH 53O34'49" WEST
10. NORTHWESTERLY
11. NORTHWESTERLY
12. NORTH 52O15'27" EAST
13. NORTHEASTERLY
14. SOUTH 86'50'44'' EAST
70.54 FEET;
72.12 FEET;
106.70 FEET;
79.46 FEET;
68.82 FEET;
72.68 FEET
15.00 FEET
32.43 FEET
16.13 FEET
192.72 FEET
155.02 FEET
THENCE
THENCE
THENCE
THENCE
THENCE
TO THE INTERSECTION WITH THE
PROPOSED EASTERLY RIGHT-OF-WAY
OF FARADAY AVENUE AND THE BEGIN-
NING OF A NON-TANGENT 842.00
FOOT RADIUS CURVE CONCAVE TO THE
SOUTHWEST, A RADIAL LINE TO SAID
EAST; THENCE ALONG SAID PROPOSED
BEGINNING BEARS NORTH 50'23' 07"
ARC OF SAID CURVE
EASTERLY RIGHT-OF-WAY AND THE
THROUGH A CENTRAL ANGLE OF
0lo01'15" TO THE BEGINNING OF A
20.00 FOOT RADIUS REVERSE CURVE
CONCAVE TO THE EAST, A RADIAL
LINE TO SAID BEGINNING BEARS
SOUTH 49°21'52" WEST; THENCE
WAY AND ALONG THE ARC OF SAID
LEAVING SAID EASTERLY RIGHT-OF-
CURVE
THROUGH A CENTRAL ANGLE OF
92'53' 35"; THENCE
TO THE BEGINNING OF A TANGENT
TO THE SOUTH: THENCE ALONG THE
270.00 FOOT RADIUS CURVE CONCAVE
ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF
40°53' 49"; THENCE
TO THE BEGINNING OF A TANGENT
TO THE NORTH; THENCE ALONG THE
410.00 FOOT RADIUS CURVE CONCAVE
ARC OF SAID CURVE
PAGE 3 OF 5
15. EASTERLY 157.82 FEET THROUGH A CENTRAL ANGLE OF
22°03'15" TO THE TRUE POINT OF
BEGINNING.
CONTAINS 0.403 ACRES, MORE OR LESS.
PARCEL c
COMdENCING AT POINT 6 OF SAID LOT 'F' OF SAID RANCHO AGUA HEDIONDA; THENCE
EASTERLY ALONG THE NORTHERLY BOUNDARY LINE OF SAID LOT 'F' BEING A COMMON
BOUNDARY WITH LOT 'I' OF SAID RANCHO AGUA HEDIONDA SOUTH 86'50'44'' EAST
2347.96 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID BOUNDARY
1. SOUTH 86'50'44'' EAST 221.00 FEET TO THE BEGINNING OF A NON- TANGENT 330.00 FOOT RADIUS CURVE
CONCAVE TO THE SOUTHEAST, A
RADIAL LINE TO SAID BEGINNING
BEARS NORTH 21O27'56" WEST;
THENCE LEAVING SAID BOUNDARY AND ALONG THE ARC OF SAID CURVE
2. WESTERLY 93.75 FEET THROUGH A CENTRAL ANGLE OF
16'16'37''; THENCE
3- SOUTH 52°15'27" WEST 27.06 FEET; TO THE BEGINNING OF A NON- TANGENT 20.00 FOOT RADIUS CURVE
CONCAVE TO THE NORTH, A RADIAL
LINE TO SAID BEGINNING BEARS
SOUTH 37'44'33'' EAST; THENCE
ALONG THE ARC OF SAID CURVE
4. SOUTHWESTERLY 28.07 FEET TO THE INTERSECTION WITH THE
PROPOSED EASTERLY RIGHT-OF-WAY
OF FARADAY AVENUE AND THE BEGIN- NING OF A 842.00 FOOT RADIUS REVERSE CURVE CONCAVE TO THE SOUTHWEST, A RADIAL LINE TO SAID
BEGINNING BEARS NORTH 42O40'27"
EAST; THENCE ALONG SAID PROPOSED EASTERLY RIGHT-OF-WAY AND THE ARC OF SAID CURVE
PAGE 4 OF 5
. ..
5. NORTHWESTERLY 118.20 FEET THR LOU GH A CENTRAL ANGLE OF
08°02‘26” TO THE TRUB POINT OF
BEGINNING.
CONTAINS 0.183 ACRES, MORE OR LESS 0 No. 884( LS EXPIRATION 6641 DATE 12/31/03 DATE
* ~xp. dete 12-31-03 *
OF CAi-19
PAGE 5 OF 5
SD:DMI\AGR\CRBULZ08066.6
020702
EXHIBIT "B"
The Prooerty
[attached]
B- 1
LEGAL DESGRIPTICM:
RllS IS A PORTTON OF LOT *F' OF RANCHO AGUA HEDIONDA
MAP NO. 823 IN WE CITY OF CARLSBAD. IN THE COUNTY
OF SAN DIEGO, IN THE STATE OF CALIFORNIA
ASESiXS PARCEL NO. 'S
212-010-05$ 212-010-11
OWER LYTY ff CARLSBAD
CARLSAD, WORMA 92008
1635 fARADAY AW
BASS LF BEARING3 THE BASS W BEARINGS FOR THIS DRAwlNG IS A PORTION W RK NdRlTiERLY LINE OF LOT 'F' ON
RANCHO AWA HEDlONDA MAP NO. 823 I.€ NORW 86?iO'44' KST
"LUw NO SCALE
ENG!NE€R LF MXK:
701 e STREET FfUl€C7DEsl(rv CWSULTANTS
SAN MGO, CAUFWNIA 92101 PM: (619) 235-64171
LEGEND .........,,. INOICAES PARCEL 'A', SRfET DEDlCAllON OF WITMAN WAY
TOTAL AREA =0.468 ACRES
INDICATES PARCEL '8: SLOPE EASEMENT RFRRl TOTAL AREA 90.103 ACRES
INOICATES PARCU IC', FEE PARCEL - TOTAL AREA 4.183 ACRES
poC INDICATES PCYNT OF COMMENCEMENT
TpoB INDICATES TRUE POlNT OF BEGINNING
1 A. P. N.
I 212-010-05 6. 212-010-11
-z-
SCALE l==Iw'
GRAPHIC SCALF:
(m=)
1 Inch - 100 it
""
POINT NO. 6 LOT MAP NO. 823 wEET2lF2
STREET DEDIcAnav - IN LOT r MAP NO. a23 $??%% COMPANY -. - yRmAD. a. 92009 UN DIzao. CA 92101
PROIARELJ 8P A.P.N.
PROEClDE9GV ~SULTANTS
701 E SlREEZ SUlE 800
212-010-05 & 2l2-010-11