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HomeMy WebLinkAbout1983-12-20; City Council; 7588; PURCHASE OF REAL PROPERTY LA COSTA FIRE STATION SITE* i c9 b4.J >* c.3 rx a, CL < .. 2 0 I- o 1 I a 0 z 3 0 o CITVF CARLSBAD - AGENDWLL AB# 75'' TITLE: PURCHASE OF REAL PROPERTY DEPT. H CITY A1 MTG. 12/20/83 CITY Mc CA DEPT. RECOMMENDED ACTION: LA COSTA FIRE STATION SITE Adopt Resolution No. 7+J3 , authorizing the City Manager to execute escrow instructions for the purchase of the La Costa Fj Station site, to spend $28,000 for the purchase of the propert] and to accept the qrant deed, ITEM EXPLANATION The Daon Corporation had previously made an offer to sell the ( .5 acre on Rancho Santa Fe Road approximately one mile north of Costa Avenue for $28,000. The City Council accepted this offer directed staff to take all steps necessary to complete the purc of the property. Attached to this aqenda bill is a resolution authorizinq the CI Manager to execute the escrow instructions for purchase of the property, to spend the money for the purchase, and to accept tl qrant deed on behalf of the City. The Daon Corporation would 1 to have the transaction completed before January 1, 1984. FISCAL IMPACT $30,000 has previously been appropriated for the purchase of ti property. EXHIBITS Resolution No. 7'43- I * 1 1 2 3 4 5 6 7 8 9 10 11 12 Om 4, 8 13 2': 20s o>>u 52 3 g:%2 14 Z&<O u -35 +>u< zy80 16 0=2a go 4 >5 4 17 15 >2 60 l8 19 0 0 RESOLUTION NO. 7450 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AUTHORIZING THE CITY MANAGER TO TAKE ALL STEPS NECESSARY TO PURCHASE .5 ACRE OF PROPERTY FOR A FIRE STATION SITE. WHEREAS, the Daon Corporation has offered to sell t City of Carlsbad .5 acre of property on Rancho Santa Fe Road approximately one mile north of La Costa Avenue for the pric $28,000; and WHEREAS, the City has reviewed an appraisal report prepared by the Newport Economics Group, Inc. and Jonathan G Thompson, SRPA and William V. Shrewsbury, M.A.1 establishing value of the property at $28,000; and WHEREAS, the City Council has determined that $28\0 is a fair and reasonable price for the subject property NOW, THEREFORE, BE IT RESOLVED by the City Council I the City of Carlsbad as follows: 1. That the above recitations are true and correct 2. That the City Manager is authorized to execute 1 behalf of the City the agreement for purchase of real proper' and escrow instructions, a copy of which is attached hereto 11 I 20 incorporated by this reference. 1 2 3 4 5 6 7 a 9 10 11 12 0 2-r g-1.2; 14 zOZf gp>U mz*o 15 LL '3: +twa $%St 16 VU22 S Z 13 <zug q 3 17 >-= 18 $3 19 2o 21 22 23 24 25 26 27 28 9 @ PASSED, APPROVED AND ADOPTED at a regular meeting o Carlsbad City Council held on the 20th day of December , by the following vote: to wit: AYES : Council Pllembers Casler, Lewis, Kulchin, Chick and Prc NOES ! None ABSENT: None c-d / .--&-LC+ 4 y/L. i-A.4-23- _I MARY H. $ASLER, Mayor ATTEST: aep;t;R, k- (?&- ALETHA L. RAUTENKRANZ, City)Clerk I I ~ , (I) 9-(9-131a)112283 * AGREEMENT FOR PURCHASE OF REAL PROPERTY AND ESCROW INSTRUCTIONS 0 @ 18-(9-131b)1122 * TABLE OF CONTENTS Pag No . Section Title ......................................... RECITALS 1 TERMS AND CONDITIONS 1 1 . PURCHASE AND SALE OF THE PROPERTY 1 2 . OPENING OF ESCROW 2 3 . CONDITIONS PRECEDENT TO BUYER'S PERFORMANCE 2 3.1 Delivery of Documents .................... 3.2 Validity of Representations and Warranties 2 3.3 Condition of Title 2 4 . CONDITIONS PRECEDENT TO SELLER'S PERFORMANCE 2 Warranties 3 4.2 Delivery of Documents .................... 3 4.3 Approval of Lender 3 5 . CLOSING OF ESCROW .................................. 3 5.1 Closing Date 3 5.2 Deposits to be Made by Buyer 4 5.3 Deposits to be Made by Seller 4 6 . TERMINATION AND CANCELLATION OF ESCROW 4 7 . GENERAL ESCROW PROVISIONS 5 7.1 Gene r a1 Provisions 5 7.2 Prorations 5 7.3 Payment of Costs 5 7.4 Escrow Holder Authorized to Complete Blanks 5 7.5 Recordation of Documents 5 7.6 Delivery of Documents 6 7.7 Performance by Escrow Holder 6 8 . REPRESENTATIONS AND WARRANTIES OF SELLER 6 .............................. ................. ................................. ....... 2 ....................... ...... 4.1 Validity of Representations and ............................... ....................... ............................. ............. ............ ............ ......................... ....................... ............................... ......................... ................................... ................. .................... ............. .......... -i- # m e Pa N Section Title . 9 . REPRESENTATIONS AND WARRANTIES OF BUYER ........... 9.1 Authority to Sign ........................ 9.2 No Encumbrance ........................... 9.3 Reliance on Investigations. Documents and P.T.R ................................ 10 . CONDITION OF PROPERTY ............................. 11 . GENERAL PROVISIONS ................................ 11.1 Assignment ............................... 11.2 Attorneys' Fees .......................... 11.3 Approvals and Notices .................... 11.4 Interpretation ........................... 11.5 Titles and Captions ...................... 11.6 Gender ................................... 11.7 No Waiver ................................ 11.8 Modifications ............................ 11.9 Severability ............................. 11.10 Merger of Prior Agreements and Understandings ........................... 11.11 Survival of Representations and Warranties ............................... 11.12 Not an Offer ............................. 11.13 Time of Essence .......................... 11.14 Possession of Property 1 11.15 Counterparts 1 11.16 Exhibits Incorporated by Reference ....... I 11.17 Computation of Time ...................... 1 11.18 Buyer's Naterials Concerning Property .... I 11.19 Other Documents; Cooperation of Buyer .... 1 11.20 Waiver of Lis Pendens .................... 1 12 . SATISFACTION OF FIRE STATION REQUIREMENT .......... 1 CONSTRUCTION PHASING; UTILITIES ................... 1 ................... ............................. 13 . 14 . BOUNDARY ADJUSTMENT ............................... 1 -ii- . , W e 18-(9-131)1122( . AGREEMENT FOR PURCHASE OF REAL PROPERTY AND ESCROW INSTRUCTIONS (Fire Station Site) Escrow No. Date of Opening of Escrow: , 1983 To : First American Title Insurance Company ( "Escrow Holder It ) 411 Ivy Street San Diego, California 92101 Telephone: (619) 238-1776 Attention: This Agreement for Purchase of Real Property and Escrow Instructions ( "Agreement") is between DAON CORPORATION, a Delaware corporation ("Seller") and THE CITY OF CARLSBAD, a municipal corporation ("Buyer"). RECITALS A. Seller is the owner of a parcel of unimproved real property consisting of approximately one-half (1/2) acre located in the City of Carlsbad (the "City"), San Diego County, California and more particularly described on attached Exhibit A ( "Property" ) . B. Seller desires to sell and Buyer desires to buy the Property on the terms and conditions of this Agreement. TERMS AND CONDITIONS 1. PURCHASE AND SALE OF THE PROPERTY. Subject to the terms and conditions of this Agreement, Buyer agrees to purchase from Seller, and Seller agrees to sell to Buyer, the Property for $28,000.00, -1- d m e i * 2. OPENING OF ESCROW. This Agreement or counterparts must be dated, signed by Buyer and Seller, and deposited with Escrow Holder before 4:OO P.M. on , 1983, or this Agreement is void. If this Agreement, fully signed, or signed counterparts, is delivered to Escrow Holder before 4:OO P.M. on f 1983, Escrow shal be deemed open ("Opening of Escrow")I and Escrow Holder shall immediately notify Buyer and Seller in writing of the date of Opening of Escrow. 3. CONDITIONS PRECEDENT TO BUYER'S PERFORMANCE. Buyer's obligation to purchase the Property is subject to the satisfaction of all the conditions set forth below within the time period specified. If any of these conditions are not satisfied within the applicable time period provided below, Buye may terminate this Agreement under paragraph 6.2. Buyer may waive in writing any or all of the conditions, in whole or in part, without prior notice to Seller. No waiver of a condition shall constitute a waiver by Buyer of any of its rights or remedies, at law or in equity, if Seller shall be in default of its covenants, representations or warranties under this Ag r e eme n t . 3.1 Delivery of Documents. Seller shall have signed, acknowledged and de- livered all documents and instruments to Escrow Holder as re- quired in paragraph 5.3 below. 3.2 Validity of Representations and Warranties. Except as permitted by this Agreement, all representations and warranties by Seller in this Agreement, or i any written statement from Seller that shall be delivered to Buyer under this Agreement, shall be true as of Close of Escrow as though made at that time. 3.3 Condition of Title. At Close of Escrow, title to the Property shal be free and clear of all liens and encumbrances except Exception Nos. None as contained in that certain Preliminary Title Report for the Property ("P.T.R.") issued by First American Title Insurance Company as of Aop,r 13,rfgJ I 1983 (Order No. iic771y-7 ). -2- E m m , L (. 4. CONDITIONS PRECEDENT TO SELLER'S PERFORMANCE. Seller's obligation to sell the Property is subject to the satisfaction of all conditions set forth below within the time period specified. Seller may waive in writing any or all oi the conditions, in whole or in part, without prior notice; pro- vided, however, that no waiver of a condition shall constitute a waiver by Seller of any of its rights of remedies, at law QC in equity, if Buyer shall be in default of its representations or warranties under this Agreement. 4.1 Validity of Representations and Warranties. Except as permitted by this Agreement, all * representations and warranties by Buyer in this Agreement or in any other statement that shall be delivered to Seller under this Agreement shall be true on and to Close of Escrow as though made at that time. 4.2 Delivery of Documents. Buyer shall have signed, acknowledged and delivered all monies, documents and instruments to Escrow as required by paragraph 5.2 below. 4.3 Approval of Lender. Buyer acknowledges that Seller is unwilling to close this Escrow unless Seller is able to use any or all of the sale proceeds to obtain the release of the Property from the monetary liens presently encumbering the Property ("Existing Encumbrances"). Accordingly, Close of Escrow and Seller's performance under this Agreement are expressly conditioned upon Seller being able to obtain the lienholders' agreements to release the Property from the Existing Encumbrances at Close of Escrow ("Approval Notice") within fifteen (15) days of Opening o Escrow. If Seller and Escrow Holder have not received the Approval Notice within the 15-day period, then Escrow shall terminate and Buyer shall have no further right or interest in the Property or under this Agreement. 5. CLOSING OF ESCROW. 5.1 Closing Date. ocx (-&kc/ 3( 5.1.1 Escrow shall close on or before r 1-5, 1983. 5.1.2 The terms "Close of Escrow," "Closing Date" and/or "Closing" are used in this Agreement to mean the time the Grant Deed is filed for record by Escrow Holde in the Office of the San Diego County Recorder. -3- 1 m 4 e 9 1 x 5.2 Deposits to be Made by Buyer. At or before 12 o'clock noon on the last business day immediately before Close of Escrow, Buyer shall deliver to Escrow Holder: 5.2.1 Immediately available federal funds in the amount of $28,000.00. 5.2.2 Any additional funds and/or instruments (signed and acknowledged by Buyer, if appropriate) a may be necessary to comply with this Agreement. 5.3 Deposits to be Made by Seller. At or before 12 o'clock noon on the last business day immediately before the Close of Escrow, Seller shal deliver to Escrow Holder: and acknowledged by Seller, in the form of attached Exhibit B, conveying the Property to Buyer. 5.3.1 A Grant Deed ("Grant Deed"), signec 5.3.2 Any additional funds and/or instru- ments (signed and acknowledged by Seller, if appropriate) as maj be necessary to comply with this Agreement. 6. TERMINATION AND CANCELLATION OF ESCROW. 6.1 If Escrow fails to close as provided in para- graph 5.1., Escrow shall terminate automatically without furth21 action by Escrow Holder or any party, and this Agreement shall 1 void. Escrow Holder is instructed to return all funds and docu- Holder. Cancellation of Escrow, as provided in this Agreement, shall be without prejudice to whatever legal rights Buyer OK Seller may have against each other arising from this Agreement. 6.2 If either Buyer or Seller finally disapproves any condition referred to in this Agreement within the time period and in the manner set forth in this Agreement, all obli- gations of the parties under this Agreement shall terminate, neither party shall have any further obligation to the other under this Agreement, and Escrow Holder shall return all funds and documents then held in Escrow to the party depositing the funds and/or documents. ments then in Escrow to the party depositing the same with Escrc -4- 4 0 il) 7. GENERAL ESCROW PROVISIONS. 7.1 General Provisions. Notwithstanding anything to the contrary con- tained in this Agreement, the General Provisions of Escrow Holder, if any, which are attached are incorporated by reference to the extent they are not inconsistent with the provisions of this Agreement. If there is any inconsistency between the provi- sions of those General Provisions and any of the provisions of this Agreement, the provisions of this Agreement shall control. If any requirements relating to the duties or obligations of Escrow Holder are unacceptable to Escrow Holder, or if Escrow Holder requires additional instructions, the parties agree to make any deletions, substitutions and additions as counsel for Buyer and Seller shall mutually approve and which do not materially alter the terms of this Agreement. 7.2 Prorations. Property taxes for the Property shall be pro- rated as of Close of Escrow based on the actual number of days within the month and shall be based on the last statement available to Escrow Holder. If the Property is part of a larger assessor's parcel, then the property taxes allocable to the Property shall be determined on a prorata basis based on acreage. Pursuant to Article XIII, Section 3(b) of the responsible for payment of any portion of the Property taxes. Constitution of the State of California, Buyer shall not be 7.3 Payment of Costs. Seller shall pay all Escrow costs and fees. Buyer shall be responsible for recording the Grant Deed and shall request a waiver of all documentary transfer taxes. 7.4 Escrow Holder Authorized to Complete Blanks. If necessary, Escrow Holder is authorized to insert the Closing Date as the date of the Grant Deed. 7.5 Recordation of Documents. When all the conditions of paragraphs 3.1 and 3.3, and 4.2 and 4.3 have been satisfied or waived, Escrow Holder shall cause the recordable or filing instruments to be recorded in the Office of the County Recorder of San Diego County, California. -5- II 0 i 7.6 Delivery of Documents. Upon Close of Escrow, Escrow Holder shall deliver to Seller and to Buyer all documents and funds to which each is entitled, including, without limitation, the followinq: All net cash proceeds from the sale of the Property shall be delivered to Seller (or disbursed according to instructions from Seller): and, after recordation, the Grant Deed shall be returnel to Buyer. Immediately after recordation, Escrow Holder shall deliver a copy of all documents recorded through Escrow, bearing the Recorder's identifying information, to Buyer, Seller and Marvin S. Poer and Co., at 2140 West Chapman Avenue, Orange, California 92668. 7.7 Performance by Escrow Holder. Escrow Holder is to be concerned only with those paragraphs under this Agreement where Escrow Holder is given instructions to perform certain acts or with those para- graphs where escrow holders generally and reasonably would be expected to act. 8. REPRESENTATIONS AND WARRANTIES OF SELLER. In addition to the representations and warranties con- tained in other paragraphs of this Agreement, Seller represents and warrants that the signing of this Agreement, its delivery by Seller to Buyer, Seller's performance and the transactions con- templated in this Agreement have been duly authorized by the requisite action on the part of Seller, and constitute valid and binding obligations of Seller, enforceable under the terms of this Agreement. This representation and warranty (i) is materia respects as of the date of this Agreement and shall be true in all respects as of the Closing Date. 9. REPRESENTATIONS AND WARRANTIES OF BUYER. -and is being relied upon by Buyer, and (ii) is true in all In addition to any other representations and warranties contained in this Agreement, Buyer makes the following repre- sentations and warranties, each of which (i) is material and is being relied upon by Seller, and (ii) is true in all respects as of the date of this Agreement and shall be true in all respects as of the Closing Date: 9.1 Authority to Sign. The signing of this Agreement, its delivery by Buyer to Seller, Buyer's performance, and the transactions contemplated in this Agreement have been duly authorized by the requisite action on the part of Buyer, and constitute valid and binding obligations of Buyer, enforceable under the terms of thi Agreement. -6- 1 rn e 1 9.2 No Encumbrance. Buyer shall neither encumber nor cause any liens to be created against the Property in any way before Close of Escrow without the express prior written consent of Seller. 9.3 Reliance on Investigations, Documents and P.T.R. In making its decision to purchase the Property, Buyer represents that it has relied solely upon its investigations of the Property, Seller's specific representatior and warranties contained in this Agreement, the P.T.R., and all other documents delivered or to be delivered to Buyer by Close c Escrow in connection with the Property. 10. CONDITION OF PROPERTY. Buyer agrees that it is purchasing the Property on an "AS IS" basis and based solely on its own investigation of the Pr ope r ty . 11. GENERAL PROVISIONS. 11.1 Ass i gnmen t . This Agreement shall be binding upon and shall inure to the benefit of Buyer and Seller and their respective heirs, personal representatives, successors and assigns. Buyer shall not have the right to assign this Agreement or any interes or right under this Agreement or under the Escrow or to appoint designee to act as Buyer under this Agreement without obtaining Seller's prior written consent. In no event, however, shall ani assignment relieve Buyer of any obligations under this Agreement without the express written consent of Buyer. 11.2 Attorneys' Fees. In any action between the parties to enforce any of the terms or provisions of this Agreement or the Escrow, or in connection with the Property, the prevailing party in the action shall be entitled, in addition to damages, injunctive relief or other relief, to its reasonable costs and expenses, including, without limitation, costs and reasonable attorneys' fees fixed by the court. 11.3 Approvals and Notices. Any approval, disapproval, demand, document 01 other notice ("notice") which either party may desire to give tc the other party or to Escrow Holder must be in writing and may 1 given by personal delivery or by registered or certified mail, -7- 1 0 0 a return receipt requested, to the party to whom the notice is directed at the address of the party set forth below, or at any other address as the parties may later designate: To Seller: Daon Corporation 4350 Von Karman, Suite 100 Newport Beach, California 92660 Attn: William Storm Drumrny Garrett King c Harrison 3200 Park Center Drive, Suite 1000 Costa Mesa, California 92626 copy to: Attn: Daniel K. Winton To Buyer: City Attorney City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 Attn: Daniel S. Hentschke Any notice given under this paragraph, whether personally or by mail, shall be deemed received only upon actual receipt by the intended party. 11.4 Interpretation. This Agreement shall be construed under the The parties consent to the juris- laws of the State of California in effect at the time of the signing of this Agreement. diction of the California courts with venue in San Diego County. 11.5 Titles and Captions. Titles and captions are for convenience only and shall not constitute a portion of this Agreement. 11.6 Gender. As used in this Agreement, masculine, feminine or neuter gender and the singular or plural number shall each be deemed to include the others where and when the context so dictates. 11.7 No Waiver. A waiver by either party of a breach of any of the covenants, conditions or agreements under this Agreement to be performed by the other party shall not be construed as a waiver of any succeeding breach of the same or other covenants, agreements, restrictions or conditions of this Agreement. -8- s 0 e ! 11.8 Modifications. Any alteration, change or modification of or t this Agreement, in order to become effective, shall be made in writing and in each instance signed on behalf of each party. 11.9 Severability. If any term, provision, condition or covenant of this Agreement or its application to afiy party or circumstances shall be held, to any extent, invalid or unenforce able, the remainder of this Agreement, or the application of the term, provision, condition or covenant to persons or circum- stances other than those as to whom or which it is held invalid or unenforceable, shall not be affected, and shall be valid and enforceable to the fullest extent permitted by law. 11.10 Merger of Prior Agreements and Understandings. This Agreement contains the entire understand- ing between the parties relating to the transaction contemplated by this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged in this Agreement and shall be of no further force or effect. . 11.11 Survival of Representations and Warranties. All representations, warranties and covenants under this Agreement shall survive Close of Escrow. 11.12 Not an Offer. Seller's delivery of unsigned copies of this Agreement is solely for the purpose of review by the party to whom delivered, and neither the delivery nor any prior communi- cations between the parties, whether oral or written, shall in any way be construed as an offer by Seller, nor in any way impl! that Seller is under any obligation to enter the transaction which is the subject of this Agreement. The signing of this Agreement by Buyer constitutes an offer which shall not be deem( accepted by Seller unless and until Seller has signed this Agrei ment and delivered a duplicate original to Buyer. 11.13 Time of Essence. Time is expressly made of the essence with respect to the performance by Buyer and Seller of each and ever: obligation and condition of this Agreement. -9- I e e 1 1 11.14 Possession of Property. Buyer shall be entitled to possession of the Property only at Close of Escrow and not before. 11.15 Counterparts. This Agreement may be signed in multiple counterparts which, when signed by all parties, shall constitute a binding agreement. 11.16 Exhibits Incorporated by Reference. All exhibits attached to this Agreement are incorporated in this Agreement by this reference. 11.17 Computation of Time. The time in which any act is to be done under this Agreement is computed by excluding the first day (such as the day Escrow opens), and including the last day, unless the last day is a holiday or Saturday or Sunday, and then that day i also excluded. 11.18 Other Documents; Cooperation of Buyer. Each party agrees to sign any other and furthe instruments and documents as may be reasonably necessary or proper in order to accomplish the intent of this Agreement. 11.19 Waiver of Lis Pendens. As a material part of the consideration under this Agreement, Buyer waives all rights to record a lis pendens against the Property under Section 409 of the California Code ol Civil Procedure, or any other provision of law, if a dispute arises concerning this Agreement or the Property. 12. SATISFACTION OF FIRE STATION REQUIREMENT. Buyer agrees that in consideration for Seller's convey. ance of the Property to Buyer on the terms and conditions contained in this Agreement, neither Seller nor Seller's successors in interest shall be required by Buyer to provide Buyer or any other entity with any additional fire station site(s) in connection with the remaining development of the property covered by the 1980 La Costa Master Plan ("Master") 149(E)) (Ordinance No. 9570), or any amendments to said Master Plan. (M; -1 0- ? 0 0 w 4 13. CONSTRUCTION PHASING; UTILITIES. in the Master Plan and shall attempt, but shall not be obligated Seller shall conform to the phasing schedule set forth to develop Seller's land surrounding the Property first. Seller shall extend utilities to the street boundary of the Property concurrently with the installation of utilities for Seller's surrounding land development. 14. BOUNDARY ADJUSTMENT. The San Marcos County Water District ("SMCWD") current1 owns a 60-foot wide access road easement ("Easement") adjacent t the northerly boundary of the Property. SMCWD presently needs the Easement for access to certain storage facilities; however, if it can obtain a realignment of Rancho Santa Fe Drive, SMCWD will no longer need the Easement and may be willing to transfer it to Seller. If SMCWD transfers the Easement to Seller before Buyer begins construction of its fire station facilities on the Property, Buyer agrees, upon Seller's request, to take all necessary and appropriate actions to adjust the boundaries of th Property northward by transferring to Seller an area along the southerly boundary of the Property equal to the area covered by the Easement in exchange for Seller's transfer of the area covered by the Easement to Buyer; provided, however, that any such readjustment shall fully comply with all applicable laws, including, but not limited to, the California Subdivision Map Act. SELLER: DAON CORPORATION, a Delaware Date: f 1-7 A3 Date: (a -7-i; 3 -11- 0 e BUYER: /. .- THE CITY OF CARLSBAD, a municipal corporation ,' By: B+-c-LdL &LA (Title) 1 By: (Title) ACCEPTED/APPROVED BY ESCROW HOLDER By : , Escrow Officer -1 2- t * e , 4 LEGAL DESCRIPTION A parcel of land being a portion of Section 31, Township 12 Sol Range 3 West, San Bernardino Meridian, in the City of Carlsbad County of San Diego, State of California, described as follows. COMXENCING at the Southeast corner of Parcel 3 of Parcel Map 1( on file in the Office of County Recorder of San Diego County, 5 of California. Being the Southeast corner of Section 30 as shc on said Parcel Map; thence, South 89O43'11" West along the Soul line of said Parcel 3, a distance of 48.19 feet to a point on t Southwesterly right-of-way line of road survey 454 on file in t Office of County Engineer of said County; thence, leav Tq said Southerly line and along said right-of-way line South ~"32'16" West 247.14 feet to the TRUE POINT OF BEGINNING; thence, leavir said right-of-way line North 89"43'11" East 145.34 feet to a PC Drlve; thence, along said Northwesterly right-of-way line South 12O22'42" West 22.51 feet to the beginning of tangent 1137 foot radius curve concave Northwesterly; thence, Southwesterly alonc the arc of said curve through a central angle of 7"17'27" a distance of 144.68 feet, thence, leaving said Nc#rthwesterly ri5 0;-way line North 69°00'00" West 172.47 feet to a point on said Southwesterly right-of-way line; thence, North 31"32'16" East 115.50 feet to the TRUE POINT OF BEGINNING containing 0.500 acx more or less. on thP Northwesterly right-of-way line of proposed Rancho Santa EXHIBIT A " RECORDING REQUESTED BY AM0 WHEN RCCORDLD MAIL TO 1 FIX OF CARLSBAD 1200 E1s Avenue Mar 5,r-r Carlsbaa, CX 92008 &4ar.r8 E,., & sl*U k.ttn: J r 1 UII 7.x SI.ll","ll IO U.-. Ilr.4 Add,.,. CIC b J $9." I - SPACE ABOVE THIS LINE FOR RECORDER'S US e 0 e 1 h 1 LEGAL DESCRIPTION A parcel of land being a portion of Section 31, Township 12 Sou Range 3 West, San Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of California, described as follows: COKXENCING at the Southeast corner of Parcel 3 of Parcel Map 10: on file in the Office of County Recorder of San Diego County, Si of California- Being the Southeast corner of Section 30 as shov on said Parcel Map; thence, South 89°43'11" West along the Souti line of said Parcel 3, a distance of 48.19 feet to a point on t> Southwesterly right-of-way line of road survey 454 on file in ti Office of County Engineer of said County; thence, leaving said Southerly line and along said right-of-way line South 31"32'16" West 247.14 feet to the TRUE POINT OF BEGINNING; thence, leaving said right-of-way line North 89O43'11" East 145.34 feet to a poi on thP Northwesterly right-of-way line of proposed Rancho Santa Drive; thence, along said Northwesterly right-of-way line South 12O22'42" West 22.51 feet to the beginning of tangent 1137 foot radius curve concave Northwesterly; thence, Southwesterly along the arc of said curve through a central angle of 7"17'27" a distance of 144.68 feet, thence, leaving said Nclrthwesterly righ of-way line North 69°00'00" West 172.47 feet to a point on said Southwesterly right-of-way line; thence, North 31°32'16" East more or less. 115.50 feet to the TRUE POINT OF BEGINNING containing 0.500 acre 4 EXHIBIT A