HomeMy WebLinkAbout1989-06-27; City Council; 10112; Aviara Parks AgreementCl+ OF CARLSBAD - AGENF” BILL
MTG.6/27/89 AVIARAPARKS AGREEMENT
RECOMMENDED ACTION:
Adopt Resolution No. n-?/6 approving and authorizing the Mayor to execute the
Aviara Parks Agreement.
ITEM EXPLANATION
On December 22, 1988, the City Council adopted Resolution No. 9322, approving the
Local Facilities Management Plan for Zone 19 and adopted Ordinance No. 9839
approving the Aviara Master Plan No 177. As required by the Local Facilities
Management Plan for Zone 19 and Master Plan No. 177, the City and Aviara Land
Associates Limited Partnership are entering into a Parks Agreementwhich is attached
as Exhibit # 2.
Aviara Land Associates Limited partnership is required by the conditions of approval
of the Local Facilities Management Plan for Zone 19 and Master Plan to dedicate
24.25 acres of park land, to provide access to the park and to advance to the City fund
necessary for the improvement of 15 acres of this park land with the approval of the
first final map within the Master Plan.
This agreement will satisfy these conditions. The agreement provides for the
dedication of 3.2 acres above the 21.05 acres required for the Master Plan, for future
residential developers in the zone as identified in the Local Facilities Management
Plan.
Aviara Land Associates Limited Partnership is advancing to the City $1.725 million for
the construction of 15 acres of this park. An executed irrrevocable Letter of Credit is
attached to the proposed parks agreement. The City will be obligated to reimburse
Aviara beginning in 1998 and continuing through the year 2007 by making annual
payments each July 1 of $172,500. If the PFF funds collected are not sufficient to
make these payments, then the July 1, 2007 date will be extended to complete the
reimbursement.
The City is also responsible for reimbursing Aviara for the park land which is being
dedicated above and beyond the requirements of the Master Plan. This amounts to 3.2
acres at a cost of $332,500. As a result, all park-in-lieu fees collected from
development in Zone 19, but outside of the Master Plan area, will be held by the City
and an annual payment will be made each July 1 to Aviara until the total
reimbursement of $332,500 has been made by the City.
The conditions of approval of the Master Plan and Facilities Plan required the
developer to reserve a 5.75 acre parcel of land for park purposes which could not be
developed prior to July 1, 1995. This reserve was set aside to guarantee that enough
park land would be available at buildout within Park District 3. After the specific
constraints analysis was conducted and submitted to staff, it was determined that the
original park site did not contain 24.25 acres of net developable land as required.
Page 2 of Agenda Bill No. Joi I I L
At the same time, the City Council had taken action to increase the ultimate size of
the Alta Mira park site from 32 acres to 42 acres which is located in Park District 3.
This action eliminated the need to maintain a reserve parcel for park purposes which
had been condition in the Master Plan, Therefore, the developer was directed to utilize
the 5.75 acre reserve parcel to provide the City with the required dedication of 24.25
acres of net developable park land. This has been accomplished and the remainder
parcel is now 1.65 acres in size. The remainder parcel will be held until it is
determined it is no longer needed for park purposes or July 1, 1995.
FISCALIMPACT
Aviara Land Associated Limited Partnership will be providing the dedication of park
land in the amount of 3.2 acres above the Master Plan requirements. The City is
obligated to reimburse them in the amount of $332,500 for this development.
Aviara Land Associates will be also be entitled to be reimbursed for the advancement
of $1.725 million for the construction of this park land. Both of these obligations are
specified in the attached parks agreement.
EXHIBITS
1. Resolution No 89 -2 I 4 *-
2. Aviara Parks Agreement
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+ 17JlY El-M AVT-EI\IE
C’AIILSOAU, CALIFUIINIA 9201)U
U/lice 01 Ihe City Clerk
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clcilp of clCnils’6d~
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(U 19) 434~2UU
July 7, 1989
Aviara
2011 Palomar Airport Road
Suite 206
Carlsbad, CA 92009
Xuclosed for your records, please find a copy of the
followirlg Ordinance NS-75 & Resolution 89-216 * adopted
by the Carlsbad City Council on June 27, 1989 .
City Clerk
LR: lw
Enclosures (2)
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RESOLUTION NO. (F9-2/&.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING A PARKS AGREEMENT BETWEEN AV$IARA LAND
ASSOCIATES LIMITED PARTNERSHIP AND THE CITY OF CARLSBAD, AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
WHEREAS, the City Council of the City of Carlsbad, California,
does hereby resolve as follows:
1. That the Parks Agreement between Aviara Land Associates
Limited Partnership and the City of Carlsbad which is attached hereto as
Exhibit A, and part hereof, is approved.
2. That the Mayor of the City of Carlsbad is hereby authorized
and directed to execute said agreement for and on behalf of the City of
Carlsbad.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City
Council of the City of Carlsbad, California, held on the 27th day of _
June , 1989, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson
NOES: None
ABSENT: None
ATTEST:
.,
PARK AGREEMENT
THIS PARK AGREEMENT (the "AgreementW1) IS ENTERED INTO this First day of June 1989, between the CITY OF CARLSBAD, a municipal corporation of the State of California (lCCitytl), and AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, a Delaware Limited Partnership, (llOwnerll), which parties agree as follows:
RECITALS
A. On July 1, 1986, the City Council adopted, as Ordinance 9810, a Growth Management Program for the City of Carlsbad. (Chapter 21.40 of the Carlsbad Municipal Code the tlProgramll). The purpose of the Program is to insure that an adequate level of public facilities and services will be provided prior to or concurrently with development. The Program is based on a three- tiered planning approach. First, a Citywide Facilities and Improvement Plan identifies buildout public facility needs ("Plan"). Second, a Local Facilities Management Plan for each of the City's twenty-five management zones shows how the development of these zones will comply with the plan ("Zone Plan"). Third, individual project approvals must include the public facilities required by the Plan and the Zone Plan.
B. On September 23, 1986, the City Council adopted,
Resolution No. 8797, approving the Plan. The City Council also
adopted Resolution No. 8796 which established the specific public facility performance standards to be used in the implementation of the Program.
C. On December 22, 1987, City Council adopted Resolution No.
9322, approving the Local Facilities Management Plan for Zone 19
("Zone 19"') and Ordinance No. 9839 approving MP 177 for a comprehensive Master Planned Community centered around a hotel,
golf course and related uses on 1,402 acres of property generally located north of La Costa Avenue between I-5 and El Camino Real (llAviaral').
D. Zone 19 identified certain public facilities such as parks which were below the adopted performance standard and could
not accommodate any new development. The Program requires that
parks conforming to.the performance standard be guaranteed before
development may occur. Aviara as well as other projects in Zone
19 cannot go forward until park facilities are brought into
conformance with the standard. City and Owner have agreed to work
together to meet the zone plan standards.
E. Owner will dedicate 3.2 acres of land on behalf of other property owners in Zone 19 ("Growth Management Park") and will advance the financing for the construction of 15 acres of park to bring Aviara into compliance with the Program and Zone 19 and to give Owner the ability to build (so long as all public facility
: performance standards are met) at an earlier time than otherwise
possible under the City's financing program.
F. The City and Owner also intend that this Agreement will satisfy Condition No. 31 of MP-177 relating to park land dedication by the dedication of 21.05 acres of land ("Master Plan Park").
G. The dedication by Owner of the Master Plan Park is based upon an estimated Land Use Density Schedule approved by City and
set forth on Page 20 of MP 177 and on the dedication requirement
of Chapter 20.44 of the Carlsbad Municipal Code ("Chapter 20.44") as they would apply to subdivisions within Aviara. Chapter 20.44 requires the dedication of land or the payment of fees in lieu thereof for park and recreational purposes as a condition of approval of the subdivision of land. Section 20.44.110 provides an alternate procedure for satisfaction of such obligations for planned communities by the identification of park land on a master plan and its dedication as a part of the City's community planning
process, rather than as a condition of any particular subdivision. City and Owner recognize that the development of Aviara will take
place over a number of years and intend to arrange for the dedication of the Master Plan Park in advance of actual need in
order to ensure that the Aviara community will receive the benefits of a coordinated park program and that the park will be constructed by City so it can be available concurrent with need. Master Plan 177 invokes this alternate procedure, and City and Owner intend to implement it in this Agreement. In order to accomplish these purposes, Owner will make the dedication in advance of the
requirements of any individual subdivision. The amount of land so dedicated will be maintained on account by the City to be drawn
upon in satisfaction of the park obligations of subsequent subdivisions within Aviara.
NOW, THEREFORE, incorporating the recitals of facts set forth above and in consideration of the mutual covenants herein contained, the parties agree as follows:
1. Asreement to Dedicate. Owner agrees to dedicate to
the City, for public park purposes, 24.25 acres of real property
more specifically described in Exhibit ItAl attached hereto and made
a part hereof (the "park land"), together with all necessary
construction and access easements for the park land as identified
in Exhibit IIBII attached hereto and made a part hereof (the
"construction access easements"). The dedication of the park land
and construction access easements shall occur upon the recordation
of the first final map of property owned by Owner in Zone 19. Such
property is identified in Exhibit rrCVl attached hereto and made a
part hereof (the l@Property'@). Upon notification by City, Owner
will also construct an "all weather" graded dirt road to provide
access to the park land over the construction access easement. When City advertises for bids to construct the park, Owner will dedicate an easement.for public access over and improve to City
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standards a two lane paved road to correspond with the opening of the park as determined by the City Engineer for public access from the park land to a City street (the ttpublic access easementIt). Upon Owner's dedication of the public access easement, City will quitclaim to Owner the construction access easement or any portion thereof which is not included within the public access easement. Dedications shall be in a form acceptable to the City Attorney, free of all liens and encumbrances and be delivered with a policy of title insurance at no cost to City.
2. Advance Fundins of Park Imnrovements. Owner agrees to advance to City the sum of One Million Seven Hundred Twenty-Five Thousand Dollars ($1,725,000.00) for the construction of improvements upon 15 acres of the park land by delivering to City a letter of credit in that amount (the "Letter of Credit"). The Letter of Credit in a form acceptable to the City Attorney shall be issued by a financial institution acceptable to City's Finance Director and shall be delivered to City prior to the City Council's approval of this agreement. The obligations under the letter of credit shall be effective upon the City Council's approval of the final map for CT 85-35.
City shall provide Owner with a funding schedule for the construction of park improvements on the park land not later than 90 days prior to the date when City will require funds. Owner shall provide cash to City as required by the funding schedule on the date due. If Owner fails to provide funds as required by said
schedule, then City has the right to enforce the obligation against
the Letter of Credit. If construction funds are paid out of the Letter of Credit, City shall concurrently give such notices as necessary in order to reduce the Letter of Credit by the amount paid. City agrees not to make any call for funds prior to January
1, 1991.
3. Construction of Park Improvements. The City agrees to use its best efforts to construct the park improvements in accordance with the Program, the Plan and Zone 19. In the event
Owner advances funds in connection with such construction, City
agrees that the letter of credit may be reduced by an amount
equivalent to the funds so advanced, and City shall execute any
further documents necessary to so reduce the letter of credit.
4. City's Repayment of Advance Fundinq. City agrees
to reimburse Owner for the advance funding in the amount of
$1,725,000. The City shall begin repaying Owner in the amount of
$175,250 per year commencing on July 1, 1998 and continuing
thereafter in equal installments on July 1 of each year through and including July 1, 2007. No interest shall be due or paid on the
City's obligation to reimburse Owner. City will make these
payments from public facilities fees collected from developments in the City beginning July 1, 1997. The City's general fund is not obligated for these payments. If the amount of such fees collected
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is not enough to make the payments then the July 1, 2007 date will
be extended to complete owner's reimbursement. The City in budgeting Public Facility Fee funds will first cover any long term debt obligations, second other reimbursement agreements outstanding on the date of this agreement and then owners' reimbursement.
5. Park Dedication Credits. Chapter 20.44 provides a formula to calculate the amount of land to be dedicated by a subdivider for park purposes. The existing standard for computing said formula is based on 3.0 acres of land for each projected one thousand (1,000) persons residing in the subdivision. This standard may be adjusted by the City in accordance with the normal procedures for the amendment of the Municipal Code.
The dedication of the Master Plan Park land by Owner, pursuant to this agreement, shall first be credited against the requirement for the subdivision which is the occasion of such dedication in satisfaction of that subdivision's requirement under Chapter 20.44 as it exists at the time of final map approval. The amount of land in excess of said requirement shall constitute a credit in favor of Owner to be held on account by City in reserve to be drawn upon
in satisfaction of the park dedication obligation of subsequent
subdivisions of the property as hereinafter provided. Owner with the approval of City, may use any available credits to satisfy an
equal amount of park dedication requirements, as requires by Chapter 20.44 for other residential subdivisions subsequently approved in Aviara. Said credits shall be on an acre for acre basis, the parties having agreed that each acre in Aviara is equal in value for such purposes.
If the City Council determines that dedication of pubic park land in addition to the site identified on Master Plan MP 177 is necessary, the City Council may, in accordance with Chapter 20.44 require such dedication or, in lieu thereof, require park fees to be paid. If sufficient credit exists in favor of Owner to satisfy the obligation of a subdivision, the City may elect to satisfy it
by a deduction from the available credit. In the event there is
no, or insufficient credit available to satisfy the obligation or in the event City determines to reserve such credit for future subdivisions, as a condition of the approval of any tentative map
and prior to the approval of the final map, Owner shall satisfy the
requirements of Chapter 20.44 for that subdivision by making the
required dedication or paying the required fees in lieu thereof as
the City Council may determine.
In the event the dedication of land pursuant to this agreement is insufficient to satisfy the requirements of Chapter 20.44 for a future subdivision within Aviara, the City shall require
additional dedication or payment of fees to satisfy this condition. If Aviara builds out at a lower density than estimated, the Master Plan Park land dedicated pursuant to this agreement shall remain with the City at no cost.
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: Any subdivider within Aviara wanting a credit shall be required to obtain a letter from Owner and present it to City, authorizing the use of the credit equal to the park land dedication or fee requirements of the subdivider pursuant to Chapter 20.44 at the time the final map is being processed. In no case shall City approve a final map within Aviara unless this has occurred and sufficient park land is available to meet the subdividers requirements or the subdivider otherwise satisfies the requirements of Chapter 20.44. City shall be entitled to rely on such a letter and Owner shall defend, indemnify and hold City harmless in any dispute with a subdivider concerning this agreement.
6. Park Oblisation Statement. City shall maintain a Park Credit Accounting Ledger which is attached hereto as Exhibit "Dfl and it shall be completed and presented to the City Council prior to final map approval of any subdivisions within Aviara in
order to provide an accounting of subdivision park obligations,
credits, and remaining park acreage. Concurrently with the processing of a final map for a residential subdivision in Aviara, City shall prepare and make available to Owner a statement
regarding the parks obligation for that subdivision. The statement shall include: (1) the amount of land required as determined by City in accordance with Chapter 20.44 as it exists at that time;
(2) the amount of credit, if any, already on account: (3) the
balance due or credit remaining, as the case may be, on account for
future subdivisions.
7. Lack'of Development. If development within Aviara does not go forward, or approvals for development are revoked, or this agreement otherwise is terminated before buildout of Aviara, title to any land dedicated shall remain in City: provided, however, that City shall not use the property for any purpose other than those permitted in MP 177 or any amendments the City Council through public hearing process may make thereto. The remaining balance of any credits not utilized shall remain on account and shall be available to satisfy the parks requirements, which may apply to any future development of the property within Aviara.
8. Permits and Approvals. The City shall obtain, at
its sole cost and expense, any necessary permits and approvals
pertaining to the construction and improvements upon the park land or associated easements, including without limitation any necessary permits from the California Coastal Commission.
9. Renavment for Growth Manasement Park. City agrees to reimburse Owner in the amount of three hundred thirty two thousand five hundred dollars ($332,500) for Owner's dedication of the growth management park. No interest is due or will be paid on City's reimbursement obligation. City will satisfy its obligation by repaying Owner each year commencing on July 1, 1990, the park- in-lieu fees paid by property owners subdividing land outside Aviara within Zone 19 during that year until owner has received a
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. . total of $332,500. Any fees collected by City in excess of that amount will be retained by City. At build out of Zone 19 if Owner has received less than $332,500 City shall repay Owner up to that amount when the City Council in its sole discretion determines that funds are available in City's capital improvement budget for that purpose.
10. Securitv Interest. City hereby acknowledges that Owner has assigned all its rights, title and interest in and to this Agreement to First Interstate Bank of California, a California corporation (ttBanktt) pursuant to that certain Security Agreement dated December 20, 1988 ("Assignment") executed by Owner in favor of Bank. The Assignment was executed in connection with that certain loan from Bank to Owner in the amount of One Hundred Twenty-Five Million Dollars (125,000,000.00) secured by a Deed of Trust recorded in the Office of the County Recorder of San Diego County on December 20, 1988 as Instrument No. 88-661636. If Owner defaults under any of the documents executed by Owner in connection with the Loan, and if Bank forecloses upon the property secured by the above-referenced Deed of Trust, then Bank shall be entitled to all of Owner's rights and benefits under this Agreement provided that Bank is performing all Owner's obligations and duties
hereunder. City shall be entitled to rely on written notice from bank that bank is entitled to exercise Owner's rights under this
agreement. Owner shall indemnify and hold City harmless from any
actions taken by City in response to such notice.
11. Nonliabilitv and Indemnity. Following Owner's
dedication of the park land and the easements to the City, Owner
shall not be liable for injury to any persons or damage to any property occurring on the park land or the easement, except for injury resulting from the negligence of Owner. City shall
indemnify, defend and hold harmless Owner from and against any and all claims arising from or relating to any use of the park land or the easement by any person or party, including without limitation the City, its agents, employees or independent contractors.
12. Entire Aareement. This Agreement shall constitute the entire agreement between the parties with respect to the subject matter hereof, superseding all negotiations, prior discussions, preliminary agreements or understandings, written or oral.
13. Successors and Assisns. This Agreement shall inure
to the benefit of, and shall be binding upon, the assigns,
successors in interest, personal representatives, heirs and
legatees of the parties hereto. Owner shall not assign its rights
under this agreement without the prior written approval by City which shall not be unreasonably withheld.
14. Payments to Owner - Notice. Any payments by the
City to Owner hereunder shall be made payable to Aviara Land
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: Associates Limited Partnership and shall be forwarded to the following address, or to such other address as Owner specifies in writing to the City Manager: c/o Hillman Properties West, Inc., 2011 Palomar Airport Road, Suite 206, Carlsbad, California, 92009, Attention: Mr. D. L. Clemens. The Owner shall notify the City in writing each year prior to July 1 identifying to whom and where
annual payments shall be made and the name of the person authorized
to approve use of any credits on behalf of Owner. Any payments due
to the Owner from the City shall not be made or credits given
unless such notification has been received.
15. Effective Date. This Agreement shall be effective upon its approval by the City Council and executed by the Mayor of City.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written.
AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, a Delaware Limited Partnership
. Secty .
Ted L. Hoover, Vice Pres./Asst. Secty.
(Appropriate notarial acknowledgment must be attached).
CITY OF CARLSBAD, a municipal
corporation of the State of
California/l /I
APPROVED AS TO FDRM:
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. STATE OF CALIFORNIA
COUNTY OF San Diego
I I ss.
I
On June 21. 1989 before me, the undersigned, a Notary Public in and for said
State, personally appeared D.L. Clemens, personally known to me or proved to me on
the basis of satisfactory evidence to be the person who executed the within instrument as the Vice President and Ted L. Hoover personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the Vice President/Asst. Sectv. of Aviara Land Company, a Delaware corporation, the
corporation that executed the within instrument on behalf of Aviara Land Associates
Limited Partnership, a Delaware Limited Partnership, the partnership that executed the
within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same.
WITNESS my hand and official seal.
(Seal)
. P
PRINCIPAL OFFICE lN !I
$/ L- SRN DIEGO,U)&N,~,m Ii
STATE OF CALIFORNIA
COUNTY OF San Diego
I ; ss:
I
On June 21. 1989 before me, the undersigned, a Notary Public in and for said
State, personally appeared D.L. Clemens, personally known to me or proved to me on
the basis of satisfactory evidence to be the person who executed the within instrument
as the Vice President, and Ted L. Hoover, personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the Vice President/Asst. Sectv. of Republic Development Company, a California
corporation, the corporation that executed the within instrument on behalf of Aviara
Land Associated Limited Partnership, a Delaware Limited Partnership, the partnership
that executed the within instrument, and acknowledged to me that such corporation
executed the same as such partner and that such partnership executed the same.
WITNESS my hand and official seal.
(Seal) KATHLEEN A, ARNOLD
. . .
EXHIBIT"A"
LEGAL DESCRIPTION
PARCEL"A"
(PARK SITE)
That portion of Section 22, Township 12 South, Range 4 West, 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 October 30,1986 as file no. 86-494180, being more particularly described as follows:
Commencing at the southeast corner of said Section 22; thence along the easterly line of said Section 22, North OO"33'25" East,1634.46 feet to the TRUE POINT OF BEGINNING ; thence leaving said easterly line, South 89"46'56" West,678.27 feet; thence South 44"18'06" West,124.45 feet: thence South 89"18'06" West,566.00 feet; thence North 19"52'40" East,92.87 feet: thence North 45"10'21" West,54.44 feet; thence North
13"28'04" East,60.92 feet: thence North OO"22040'1 West,320.06
feet: thence North 12'18'08" West,92.73 feet; thence North 50"59'09" East,201.72 feet: thence North 14"03'08" West,251.61 feet to a point on the northerly line of said Record of Survey No.10774 thence South 89"28'30" East,322.59 feet: thence leaving said northerly line South 00"43800'1 East,121.77 feet; thence South 49"41'33" West,50.16 feet; thence South lO"13'08" West,45.76 feet: thence South 34"30'47" East,34.62 feet; thence South 62'22'17" East,25.68 feet: thence South 19'35'24" West,109.22 feet; thence North 75-32‘32" East,110.78 feet; thence North 35"50'10" East,100.96 feet; thence South 82"53'54" East,31.50 feet; thence North 56"01'44" East,225.45 feet; .thence North
43"54'35" East,93.91 feet: thence North 73"18'15" East,133.63
feet to a point on the northerly line of said Record of
Survey No.10774, thence along said northerly line, South
89"28'30" East,135.92 feet; thence leaving said northerly line South 52"45'54" East,325.96 feet to a point on the easterly line of said Section 22; thence along said easterly
line,South 00"33'25'1 West,661.79 feet to the TRUE POINT OF
BEGINNING.
The hereinabove described parcel of land contains 24.250
acres.
P&D lbchnologles
401 West “A” Slreet, Suite 2500 San Diego, CA 92101 619232-4466
m--C
PARCEL “A ”
i (PARK sr TE) I I 24.250 ACRES
’ 2: I A/W 215-080-02
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N89’46 ‘56”E 678.27
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N89’18 ‘06”E 566.00 ’
R OF S 10774
Tl2S R4W SBM
LINE TAN E
1 ine Vumber Bearing Distance
f67 LB
AZ L 1d L 12 L 13 L 14 1 i.5 L 16 L 17 L 18 L 19
f $10‘
L 22
Nl go52 ‘40 “E N45OlO ‘21 “w Nl3O28 ‘04 “E NOOO22 ‘40 “W NJ2’18 ‘08 “W N50 O59 ‘09 ‘E
Nl4’03 ‘08”W
N89 ‘28 ‘30 “W NO0 O 43 ‘00 “W N49 O 4d ‘33 “E NiOO13 ‘OB’E N34O30 ‘47 “W N62’22 ‘17”W
Nl9’35 ‘24 “E N75’32 ‘32 “E N35O50 ‘10 ‘E N82 O53 ‘54 “W N56OOl ‘44 ‘E N43 ‘54 ‘35 “E N73’18 ‘i5”E N89 O28 ‘30 “W N52 O 45 ‘54 “W
34.62 ’ 25.68 ’ 109.22 1 ;;g* ;g,
31150’ 225.45 ’ 93.91 ’ 133.63 ;
;;;* ;; I
PLAT TO ILLUSTRATE LEGAL DESCRIPTION:
ENG/NEEU OF WORK:
LARRY A. H~BNEIT
u’.C.E 31757
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SCALE 1”=200 ’
FOR PARK SITE I
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J# 460-104-10***2/28/89***HPI. P/f2
EXHIBIT "B"
LEGAL DESCRIPTION
Those portions of Sections 22,26 and 27, Township 12 South, Range 4 West, 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 October 30, 1986 as file no. 86-494180, being more particularly described as follows:
PARCEL"A" (Access and Public Utility Easement)
Being a strip of land 30.00 feet in width lying 15.00 feet on
each side of the following described centerline:
Commencing at the southeast corner of said Section 22; thence along the easterly line of said section 22, North 00'33'25" East,1634.46 feet; thence leaving said easterly line, South 89'46'56" West,678.27 feet; thence South 44.18'06"
West,124.45 feet; thence South 89'18'06" West, 67.26 feet to the TRUE POINT OF BEGINNING; thence South 03*50'09" West,891.86 feet to the beginning of tangent 300.00 foot
radius curve concave Northeasterly: thence Southeasterly
along the arc of said curve through a central angle of
42'53'52" a distance of 224.61 feet; thence South 39'03'43" East,523.58 feet to the beginning of a tangent 500.00 foot radius curve concave Northeasterly; thence Southeasterly along the arc of said curve through a central angle of 08'18'02" a distance of 72.44 feet; thence South 47.21'45" East,373.21 feet to the beginning of a tangent 300.00 foot
radius curve concave Southwesterly; thence Southeasterly
along the arc of said curve through a central angle of
46.39'23" a distance of 244.29 feet: thence South 00.42'22"
East,748.70 feet to the beginning of a tangent 1000.00 foot radius curve concave Westerly; thence Southerly along the arc of said curve through a central angle of 08'59'57" a distance
of 157.07 feet; thence South 08'17'35" West,122.59 feet to a
point of terminus, said point also being hereinafter referred
to as Point"A" .
The sidelines of said 30.00 foot wide strip of land to be shortened or extended so as to terminate in a line that bears South 89*18'0611 West through the true point of beginning.
PARC!EL"BV1 (Access and Public Utility Easement)
Beginning at the hereinabove described PointlVA1l; thence South 81'42'25" East,15.00 feet; thence South 04'51'52" East,92.78
feet to the beginning of a non-tangent 670.00 foot radius curve concave Easterly, a radial line to said point bears
North 89'27'22" West; thence Southerly along the arc of said
curve through a central angle of 12'09'59" a distance of
142.27 feet; thence South 11*37'2111 East,140.59 feet to the
beginning of a tangent 1180.00 foot radius curve concave
Westerly: thence Southerly along the arc of said curve through a central angle of 10'54'5911 a distance of 224.82 feet: thence South 00'42'22" East,24.22 feet; thence South 89'17'38" West,30.00 feet to a point hereinafter referred to as Point"B"* , thence continuing South 89'17'38" West, 15.00
P&D Technologfes 401 West “A” Street, Suile 2500 San Dim CA 92101 619*23P4466
*n*wbnpr*
sheet 1 of 2
EXHIBIT "B"
LEGAL DESCRIPTION
feet; thence North 00'42'22 I) West,24.22 feet to the beginning of a tangent 1135.00 foot radius curve concave Westerly: thence Northerly along the arc of said curve through a central angle of 10'54'5911 a distance of 216.25 feet; thence North 11'37'211t West,140.59 feet to the beginning of a tangent 715.00 foot radius curve concave Easterly; thence Northerly along the arc of said curve through a central angle of 19'54°56V1 a distance of 248.53 feet; thence radial to said curve South 81*42'2511 East,15.00 feet to the Point of Beginning.
PARCEL1lC1l (Access and Public Utility Easement)
Being a strip of land 60.00 feet wide lying 30.00 feet on each side of the following described centerline:
Beginning at the hereinabove described Pointl'B1'; thence South 00.42'22" East,179.77 feet to the beginning of a tangent 350.00 foot radius curve concave Northeasterly: thence Southeasterly along the arc of said curve through a central angle of 55*13'38t1 a distance of 337.36 feet; thence South 55'56'00" East,416.30 feet to the beginning of a tangent 400.00 foot radius curve concave Southwesterly; thence Southeasterly along the arc of said curve through a central angle of 09*46'OOt1 a distance of 68.18 feet; thence South 46'10'0011 East,114.83 feet to the point of terminus said point being on the Northerly Right-Of-Way of future Alga Road.
The sidelines of said 60.00 foot wide strip of land to be shortened or extended so as to terminate in the arc of a 1151.00 foot radius curve concave Southeasterly, a radial line to said point of terminus bears North 46'10'OO*V West.
sheet 2 of 2
P&D lbchnologles 401 Wesl “A” SIreel, Suite 2500 San D&Q CA92101 619-232-4466
~--corp*
--. EXHIBIT “B” ’
SHEET 1 OF2 SHEETS
N09’20’30”w I.3 70.33 ’
SCALE: 1”: 500’
Q I EXIST fO0’S.D G.,fE. EASEMENT
9’ RECORDED 4/.x71954 IN BK. SO<
ln’ PG. 261 0. R.
5&T 5kfEE7’- 2
PLAT TO ILLUSTRATE LEGAL DESCRIPTION
ENGINE&A? OF &VOgK:
PARK SITE ACCL3S AND FUBU-C UT’ILI 7-Y EASEMEN?-
P&D Tkhnologies 401 West “A” Street, Suite 2500
San Diego, CA 92101 619*232*4466
An AshlendTechndooycompeny a
/
EXHIBIT “B”
SHEET 2 OF 2 SHEETS
RARCFf "A" DAD&?/ @TV-P 1 - -.-w-M SEE SMEE -. ,-,#\A 01 IC ACCESS AND UTILITY EASE/VE,,T ~c/BL~c
PO/A/T “AN *‘IN @ I!w
RO.O.
PARCEL “0 *’
A = 1.9’54 ‘5GN
R= 715’
t = 246.53’
-- SCALE: 1”: 200’
A = IO’64 ‘58” R=11351 L = ZlG.25’
(cc PA KCEL “0 ‘I (0. w ACRESl
A =/0”54’.59” v R=/ft30’
NO’4Z’ZZ”W
24.22 NO’42’2!2”W
N09’17’38”& - fS.00 ’
NO~4z’Zz’w-/79.77~ EXIST 20’ EASEiVtTW 7-- CARLSBAD MUWCTPAL -- PO/NT “8” WA TEU DIS_TU,KT RECORDED u--m
- r90.0. ?/27/1962 ,, FILE fl0: 3x8
PARCEL “C * A~~.3~~~147!9~6, I=~LE- NO. - . -.- .,
ENGlNEER OF WORK:
LAkR y A. NIBNER
R.C. E. 3175 7
1 P&D Technologies , ’ /mljY
401 West ‘A” Street. Suite 2500 -I I San Diego, CA 92161 61923204466 1s. / 1’
va 9.j Af’-mcanpeny /
First lntemtate
First Interstate Bank
of California
International Division Box 54191 Bank Los Angeles, California 90054
Cable Address:
FICALBANK Telex No. 674421
. OIJR NlJlriEER : !53000(553
ZRREVf3CAULE SJANlX4~ L.ETTER CiF CREIXT
PLkt:E c:INCf DciTE QF ISSUE : DkTE kliiil PLciCE i2F EXP IRY : i.,Ei CWXLES t U-7 JUNBB 0’7J~JNf30 kT ISSIJiNG Bcjblt::
AVf ARA LAND kSSC)Ci’riTES I.-:CMITED
rkRTNERSHfr~
ZVt, I Pf.~LCW3R AIRPQRT RCW!:~ S’TE A:206
CARLSFiAC~ I Cc:ll.-TFURNIA PZOQT
C~lRE~ZT
BENEF~cITAF~‘~ :
C’I’VY (3F CARLSBMl
12c)O ELM AVENUE
cmx.!% 6-m J a.&.xrw?h~ If3 ?m?fa
ATTN : C~L’REC’VJR CIF FINkNCE
THTij LETTER OF CREDJT I5 AVA1LABL.E WITH US FOR PAYl%I’-JT AGkXMSt
FRESEMTATXON OF THE FOLLTJWING CKK!JI’IEI~TS 137’ !X!R !3FFil,E LCKkTEi:~ rjT
3.2UU WEST 77’1-1 ST a I 6TH Fi.-iXR 1 I.-[35 AbKXX.ES I i.lALIF~TjRM:Ck POc:,17 :
I, YQUR 5IGI-IT C~RAF’I’ DRAWN c7bl US llr:IRKEC~ : r:Q&:&&j i JNiLtEp, FIp..sT
XMTER5TATE BANK QF GX.iF~RNZA LETTER QF CRECfIT ;;IUMBER 53000453~ ”
8% * ‘i’c)UR flGi\lECf AND l2fiTED STr2TEI1ENTr SkIOWINt CrXGNEl2 2’1’ A PER\‘3iX.l Wt#K.E
t k-f L..E REAC~ei “CTTY ENGINEER” BR “t:f7”,’ MAN(:\CER” C)R “I:I-T’,’ (.j’~“j-()R~~E‘,“’
CERT EFYXNG Tf-ic3”i THE FIJNDS k#E Rl33UTREC.r t?‘i THE C:ITY QI- C~~RLC,#r.X.~
FUR PURPC~SES CG3:RZC:E::D IN SlXTX!X.l 3!!S “AC~!,C:llKE: I-!.#lC:~ING OF PAF<t::
1MPR~vEMENTS” OF’ PARK ACJREEMEWT DATED JUNE i I 3.X?? 1
‘T’HI5 LETTER OF CREDI:T 5tJkL.L h’E AUTOM~~‘L”XCkl,Li’ EXTENDED W ITf4CiUT
AlXt~t~MEt~l-f FOR klX.~XT3C!I~IAL PERIOD i S 1 QF !NiE YEAR FRCiM THE PREi;Et~IT
EXP IRATICIN CSTE ANIl ~4\II\IUALL’~ TtIEREAFTIER !kltE55 AT LEi:aST C,I?fT’i (6G 1
I5A’I’C; PRIUF? Tij TI-iE TI-lEW E:XP IRtiaTJ:Wl DATE WE lG;il)TIF’i’ ‘I’CNJI A’~TEi~lTIi3N (jf= J HE 1::: 1 ‘r’,: --....- * CLERK t V,Tc’:l REGISTERED I.-k I I t.Fr QR Ci3jRlER SEfiVICE I THhT
WE EXEC’I NOT TO E.XTEND TH15 LETTER al= (‘::RED~“f FOR ANY AlX~T’t:i:!X~lkL
PERXOtl. IJFQN ‘r’CX!R RlXEiPT QF SUI::H I\IW”I’I:E~ --I:c)U j’i(a’( ~~t-&&l ‘I’HE j>i’+~l,llJ’T
wAXLABI.-E UN!xR m-lx.5 LETTER QF cx~cw E:I: w~:sx~~fi-i-~w Tc! Us n-
THE AROVE-M&N‘TIOIJECl DO::Ul’lENTS a
AN flRcjWINt HEREUNCGR tlU!ST BE AK~Ml~Ci,NIED 13’s’ THE i)RYGIl\IAL LETTER
UF CREl3:LT FCN? l3HXl?SEMEltlT f)F F~~‘l’Mi3~‘T 1 iXl ANY PfARTIkL C~REfWXI’46
PRESENTED I SrXiC~ CiRiGTNAi., LETTER ?‘:,F C.W:D:iI’r Si-WILL. BE RE’i’UF!b.iED -133 YWl
bJ l[ ‘\-l-j ()i,Jt?, Et~.jD()RSE~pjENT Qj= p $l’/tlE1:.j’)” ~
WE HER I:# ‘I-- m3.x: THIS ~RREV~~~X~~-.E w-khiicwi LETTER OF CRE~XCT IN x.uR
F’kWR b 17” 15 !WR JECT ‘i-U THE UNXFXRM C:UC;TQPI kt4D PRkCTICES FOR
DUZUMENTkR’l IZREDITS i cl.98 3 REV1:::.IiJNl :f:PiTE~RNATI:Q~lAi, CI-iAPiBER C!F CO!?'MEiW?. - - . ..- “. - PARISI FRANlIE P!.JBL~.~.A I Ii&i h.lCi A - . .I . ..- ‘j-‘j(} jl)jXj~l jgqlJj.q(.-.t~.>. IiS If..] j.$r_lZ(3jqC!jI.)jqr:~ \r.JIJj-I Jj-iE
TER.145 THERECiF:’ i
RECORDING REQUESTED BY - d 1 . .
; . _ c ,
AND WHEN RECORDED MAIL TO
rCity Clerk
City of Carlsbad Name 1200 Elm Street
Street Carlsbad, CA 92008 Address
1
City &
State L -l
MAIL TAX STATEMENTS TO r 1
Name
Street SAME AS ABOVE Address
City 84
State L
I i : Q 0
CAT. NO. NN00586
TO 1925 CA (11-83)
SPACE ABOVE THIS LINE FOR RECORDER’S USE Partnership Grant Deed PD 324
PARKSITE APN 215-080-02 THIS FORM FURNISHED BY TICOR TITLE INSURERS
P.R. 2.1.4 The undersigned grantor(s) declare(s):
Documentarytransfertax is Nil
( ) computed on fullvalue ofproperty conveyed,or
( ) computed on full value less value of liens and encumbrances remaining at time of sale.
( ) Unincorporated area: ( X )City of carp-&& ,and
FORAVALUABLE CONSIDERATION,receiptofwhichisherebyacknowledged,
Aviara Land Associates Limited Partnership
limited partnership organized underthelaws of the State of
EerebyGRANTSto the City of Carlsbad,
Delaware
in fee title a Municipal Corporation,
the following described real propertyinthe City of Carlsbad
Countyof San Diego , State of California.
See Exhibit “A” page one of one for legal description incorporated herein
and attached hereto.
See Exhibit “B” sheet one of one attached hereto for reference only.
Aviara Land Associates Limited
Partnership, a Delaware limited partnership
Dated: June 7, 1989
STATE OF CALIFORNIA
COUNTY OF > ss.
On before
me, the undersigned, a Notary Public in and for said
State, personally appeared
personally known to me or proved to me on the basis
of satisfactory evidence to be the person- who exe-
cuted the within instrument as
of the partners of the partnership that executed the within instrument, and acknowledged to me that such
partnership executed the same.
WITNESS my hand and official seal.
nd Company, a
Delaware Co
a Cali*nia Corporation,
Igeneral partner
BY
BY
Signature See Attached
(This area for official notarial seal)
Title Order No. ./J 7y. Escrow or Loan No. // 7 /q-2+- !
MAIL TAX STATEMENTS AS DIRECTED ABOVE
. , . . : .
STATE OF CALIFORNIA
COUNTY OF San Diego ss.
On June 7, 1989 before me, the undersigned, a Notary Public in and for said State, personally appeared
D.L. Clemens I personally known to me 1 w-37 1 me to be the person who executed the within instrument as the Vice President , and John R. Hartung I personally known to me or prT f rto be the person who executed the within instrument as the Vice President of Aviara Land Company, a Delaware corporation, the corporation that executed the within instrument on behalf of Aviara Land Associates Limited Partnership, a Delaware Limited Partnership, the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same.
(Seal)
WITNESS my hand and official seal.
STATE OF CALIFORNIA ) ) ss. COUNTY OF San Diego )
On June 7, 1989 before me, the undersigned, a Notary Public in and for said State, personally appeared D.L. Clemens I . personally known to me w +-mu . Ce to be the person who executed the within instrument as the Vice President , and John R. Hartung ,
personally known to me C\Y . . c to be the erson who executed the within instrument as the Vice Presi cr ent of Republic Development Company, a California corporation, the corporation that executed the within instrument on behalf of Aviara Land Associates Limited Partnership, a Delaware Limited Partnership, the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same.
WITNESS my hand and official seal.
(Seal)
~. m,EN A. ARNOLD NOTARY PUBLlC.CALlFORNlA PRINCIPAL OFFICE IN MN DIECO COUNlV
- , . :
EXHIBIT"A"
LEGAL DESCRIPTION PARCEL"A" (PARK SITE)
That portion of Section 22, Township 12 South, Range 4 West, 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 October 30,1986 as file no. 86-494180, being more particularly described as follows:
Commencing at the southeast corner of said Section 22; thence along the easterly line of said Section 22, North OO"33'25" East,1634.46 feet to the TRUE POINT OF BEGINNING ; thence leaving said easterly line, South 89'46'56" West,678.27 feet; thence South 44"18'06" West,124.45 feet; thence South 89"18'06" West,566.00 feet; thence North 19"52'40" East,92.87 feet: thence North 45"10'21" West,54.44 feet; thence North 13"28'04" East,60.92 feet; thence North OO"22'40" West,320.06 feet; thence North 12"18'08" West,92.73 feet: thence North 50"59'09" East,201.72 feet; thence North 14"03'08" West,251.61 feet to a point on the northerly line of said Record of Survey No.10774 thence South 89"28'30" East'322.59 feet: thence leaving said northerly line South OO"43'00" East,121.77 feet: thence South 49"41'33" West,50.16 feet: thence South 10°13f08" West,45.76 feet: thence South 34"30'47" East,34.62 feet; thence South 62"22'17" East,25.68 feet; thence South 19"35'24" West,109.22 feet; thence North 75"32'32" East,110.78 feet; thence North 35"50'10" East,100.96 feet; thence South 82"53'54" East,31.50 feet: thence North 56"01'44" East,225.45 feet; thence North 43'54'35" East,93.91 feet; thence North 73"18'15" East,133.63 feet to a point on the northerly line of said Record of Survey No.10774, thence along said northerly line, South 89"28'30" East,135.92 feet; thence leaving said northerly line South 52"45'54" East,325.96 feet to a point on the easterly line of said Section 22; thence along said easterly line,South OO"33'25" West,661.79 feet to the TRUE POINT OF BEGINNING.
The hereinabove described parcel of land contains 24.250 acres.
P&D lkhnologles 401 West ‘A” Street, Suite 2600 San Diego, CA 92101 619-232-4466
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PARCEL “A ”
(PARK SI TE)
24.250 ACRES rr 4 APN 215-080-02
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N89”18 ‘06 “E 566.00 ’
19 OF S 10774
7-L2s R4l-d SBM
LINE TABLE
L ine Number Bearing Distance
t ;1” f E 1 14 L 15 L J6 L 17
f :fi
t ;; L 22
NJ 9 O52 ‘40 “E N45°io ‘21 “K M3 ‘28 ‘04 “E NO0 Oi’2 ‘40 “W h’I2’18 ‘08 “It’ N50 O59 ‘09 ‘E h’I4’03 ‘08”W N89 ‘28 ‘30 “K NO0 O 43 ‘00 “w Iv49 O 41 ‘33 ‘E MO013 ‘OB’E N34O30 ‘47”W N62’22 ‘17°K Ni9°35’24”E tV75 O 32 ‘32 “E N35O50 ‘10 ‘E N82’53 ‘54 “K N56’01 ‘44’E N43O54 ‘35”E tV73’18 ‘iS”E A’89 O28 ‘30 “W N52 O 45 ‘54 “W
92.87 ’ 54.44’ 60.92’ 320.06 ’ 92.73 ’ 201.72 ’ 25d.61 ’ 322.59;
l;;*;; I
45: 76 ’ 34.62’ 25.68 ’ io9.22 ’ 110.78 ’ 100.96 ’ 31.50’ 225.45 ’ 93.91 ’ i33.63 ’ i35.92 ’ 325.96 ’
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1
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Id
12
IY
‘2-J
I2
!.i 10
SCALE I”=200 ’ 12
I2
. !G
PLA T TO ILLUSTRA TE LEGAL DESCRIPTIOAI~ FOR PARK SITE I
I
E#GiNEER OF WORK:
&?A&- &he
LARRY A. M/SNER
Q.C.E. 31757
POC I I
‘\\v 22!2l ---a ---.
27 126
I
CY -*A 1 A 1 Aa ---___ A ,AA .a1 ------,, -w -,.A
EXHIBIT C
: . ..* -..- - -- --I I- I : c-’
I
1 r rf I I 1 : I : ---I :
I I I c --I I \ I ZONE ‘IS l
. ’ .
GC0 gg$;.. -I . . . . . . . . . + 03 i . . . . . . . $$+w y i....... - #&.JJ g j::::::: - i..... . . i . . . . . ..I .i_ j::::::: 0; j::::::: ” . . . . ..i. ::::::::: . . . . .A.. .:.:.:.:. . . . . . . . . . a,5 _ g$ g . . . . . . . / 3 ::::::::: - ::i:;::’ a ;;;l);g >:.>,.: :.: .:+ m .i,..... >:.:...: . . ..i. . . I.... I . . . . . . . I ../.... . ...\.. .:.:.:.:. :.:.:.:,: . . . . . . . . ..i .A.. c ./...... i..... . i..... . .A.... . i..... .A: ‘.‘. 3:
2 ::::::::: ::::::::: ii.. i ./\.... ::::::::: . .A.... . . . . . . . . s :: j: j:j: ; j:::: .: ;.: ::.:::::: :.:.:.:.: j::::::: .:.:.:,> :.:.:.:.: .:.:.p:. >:.:.:.: . . ..i i. .\..\.. . . . . ..\ . . . . . . . . ::::::::: . . . . . . . . . .:.:.:.:, :.:.:.:.: . . . . ..L ::::j::: . . .i... _........ .A.. . . . .:: ::,:: ::::j::: . . . . . . 2. i... . . i 2. . . . i . . . . . i... )‘I.) : i;. j .:. ,: : >:.:. .: .A..
./..I . . . . . . . :...\.. : >::::: : ;I:::: .,.: :. 1 j::>.; cl i . . . . . . .A.. . . z . .A../ . . i . . . . . . . i... . . :.:.:.>: ./.. . . . . .A.. . . . . . . . . . .._ ..i. I.. ::::::::: . ..\ . .._ . . . . . . .._ . . . . . . .._ ./....._ ./...... .:.;.:.:. :.:.:.:.: ..i..... . . . .../ i . . . . . . i . . .../ i . . .../ i..... . . .A.... . . i .I . . . . i..... . . .A.. .i. ;j;;;g; :.:i.:.: .\...i. . . . ..i_ .\. .A.. . . . . . . . . . . . . . . . . . . . ../.. . . ...\.. .\. . . . . . :;:::::: .\...... :;:::::: .::: :.:.. . . . . . . . :. . . ../.. .:::::::: G ” is . . . i... . .A.. . . . i . . .I .A.. . . . ..I 03 . .A.... ::::::.: .:./:.:. . . . . . . ii.. i . . . . . . . . . ..i .I.. . . . . . . . . . . . . . . . . .A.. . . . . . . . ..i... . . . i..... . . . . . . . . . . i... . . . i... . . . . .\ . . . . . . ..I . . . . . . . .._ .A._ I.. . . . . . . . . . .\.. I.. .:.;.:.:. :.::::::: ::>:.:,: . ..\..._ i . . i i . . . . . . .._ .I. . . .._ i . . . . .._ i . . . . . . . i . . . . . . . .:.:.;.:. ;i:;:;:i s . I.... .A.. .i. i... .i_ .:...._ :j cl:;: . . . . . :.: k
! D71 _. u=j
: Tp’ -. : 0- <SC 0 J ED Fi u
I g: CD
CERTIFICATION FOR ACCEPTANCE OF DEED
This is to certify that the interest in real property
conveyed by the deed or grant dated June 7, 1989
from Aviara Land Associates Limited Partnership
to the City of Carlsbad, California, a municipal corporation,
is hereby accepted by the City Council of the City of Carlsbad,
California pursuant to resolution No. 89-216 , adopted
on June 27, 1989 , and the grantee consents to the
recordation thereof by its duly authorized officer.
DATED: June 28, 1989
CI TE‘NKRANZ, City Clerk