HomeMy WebLinkAbout1995-08-15; City Council; 13276; Eagle Canyon Final MapCl”” OF CARLSBAD AGEPqA BILL
9B # 45974 TITLE:
IIITG. 8/l 5/95
IEPT. ENG
lECOMMENDED ACTION:
FINAL MAP
CARLSBAD TRACT NO. 91-92
EAGLE CANYON CITY MGR.~
Adopt Resolution No. %J& approving an agreement with D.R. Horton San Diego
No. 15, Inc. to guarantee financial participation in the funding of Cannon Road West and
approving a Final Map for Carl&ad Tract No. CT 91-02, Eagle Canyon.
ITEM EXPLANATION:
Engineering staff has completed checking the final map of Carlsbad Tract 91-92. This
subdivision is located on the west side of El Camino Real, north of Camino Hills Drive.
It is comprised of 32 lots with uses as follows: Three open space lots and 29 residential
lots.
The final map conforms substantially with the Tentative Map, the Carl&ad Municipal Code,
the Subdivision Map Act and with the conditions of approval the City Council approved on
October 1, 1991, per Resolution No. 91325.
This map has been found to be consistent with the Growth Management Ordinance. The
project density is 3.17 du/acre and is below the Growth Management Control Point of 3.29
du/acre. The findings required to approve the project below the Growth Control Point were
made as part of Planning Commission Resolution 3270 on July 17, 1991 and were
accepted by Cii Council.
This map has also been found to comply with the requirements of the LFMP for Zone 24.
Currently, all facilities within or impacted by Zone 24 meet the adopted performance
standards for growth management. The LFMP for Zone 24 does, however, require a
comprehensive financing program guaranteeing construction of Cannon Road west of El
Camino Real. Staff has been working with the Zone 24 property owners as well as the
property owners in Zones 8 and 13 to establish a facility impact fee which would guarantee
financing for the Cannon Road West improvements. Staff intends to bring the proposed
fee program up for City Council approval sometime in the next two to three months.
The developer is anxious to move forward with the recordation of the Eagle Canyon final
map and is therefore requesting Council approval of a prepayment agreement in
satisfaction of their LFMP obligation. Under the terms of the proposed agreement, the
developer would post a cash deposit with the City in the amount of $14,509 to guarantee
their fair share payment towards the construction of Cannon Road West. The amount of
the proposed deposit is consistent with the estimated facility fee attributable to the Eagle
Canyon development as determined by the preliminary engineering report for the proposed
Cannon Road West fee program. Under the terms of the proposed prepayment agreement,
the developer would waive any right to oppose establishment of the facility fee program
and would further agree to pay any incremental cost in fees should the established fee
obligation exceed the deposit.
. Page 2 of Agenda Bill No. /$?%
In addition, the developer has entered into an agreement with the Carlsbad Unified School
District to pay mitigation fees for schools.
The houses in this subdivision will be subject to an inclusionary housing fee. Because all discretionary permits were deemed complete prior to the effective date of the inclusionaty
housing ordinance, the fee will be $2,925 per dwelling unit. This fee will be paid at the
time of building permit.
For a more complete analysis of the public facilities impact for this project, see the
attached Local Facilities Impact Assessment Form.
The developer has entered into an agreement with the California Coastal Commission,
creating a deed restriction over the open space areas within the subdivision. This deed
restriction prohibits any encroachment for development into said areas in perpetuity.
The developer has contracted with a licensed environmental consultant to provide
construction observation and monitoring services for the mitigation measures required by
the tentative map and the environmental impact report for the subdivision.
FISCAL IMPACT:
This project will generate the following fees at building permit issuance:
1. Park-in-lieu Fees (29 units @ 1755 /unit)
2. Traffic Impact Fees (29 units @ $54O/unit)
3. Sewer Benefit Area E Fee (29 units @ 803/unit)
4. Sewer Capacity Fees (29 units @ $1808/unit)
5. Water Service Connection Fee (29 units @ $2,4OO/unit)
8. Community Facilities District No. 1 Fees (29 units @ 4888.1352/unit)
7. Cannon Road West Facility Impact Fee ($5OO/unit)
8. lnclusionary Housing Fee (29 units @ $2,925/unit)
$50,895
$15,880
$23,287
$52,374
$s9,800 $135,318
$14,500
$84,825
The exact amount of public facility fees are unknown until the applicant submits an
application for Building Permits. The developer is constructing drainage facilities required
by the Master Plan of Drainage adopted September 13, 1994. Public improvements for this
project include upgrade of the signalized intersection on El Camino Real to City Standards
and construction of streets, storm drains and sewer as shown on the improvement plans.
No detailed economic impact analysis of this development has been conducted. While
increased operating expense related to this project are expected to be offset from the
increased tax or fee revenue, no exact percentage of offset can be predicted.
This project is located within Community Facilities District (CFD) No. 1. Upon recordation
of the final map, the CFD assessment will be apportioned to all lots within the subdivision.
Because this is a residential subdivision, the owner will be required to pay the one time
special development tax upon issuance of each building permit within the project.
. Page 3 of Agenda Bill No. /$a&
PUBLIC FACILITY ADEQUACY STATUS:
11 Facility Zone I 24
II Local Facilities Management Plan 1 Complete
II Growth Control Point I 3.29 du/acre
II Net Density I 3.17 du/acre
11 Special Facilities Fee Sewer Benefit Area E
With Council approval of the interim agreement guaranteeing developer participation in the
Cannon Road West financing program, the map compiles with all public facility standards
of the Growth Management Plan.
EXHIBITS:
1. Location Map.
2. Local Facilities Impact Assessment form.
3. Resolution NoY%+&pproving an agreement with D.R. Horton San Diego No. 15,
Inc., to guarantee financial participation in the funding of Cannon Road West and
approving a Final Map for Carlsbad Tract No. 91-02, Eagle Canyon.
4. Copy of pm-payment agreement entitled “Petition, Waiver, and Consent to Creation of
a Facility Impact Fee Program and Agreement to Pay Fair Share Cost of Cannon Road
West’ (original on file with City Clerk).
NOT TO SCALE
PROJECT NAME PROJECT EXHIBIT EAGLE CANYON NUMBER CT91-02 1
AWN By: SCOTT EVANS, CARLSBAD ENGINEERING DEPT.
c
CITY OF CARLSBAD
GROWTH MANAGEMENT PROGRAM w
LOCAL FACIUTIES IMPACTS ASSESSMENT FORM
EXHIBIT 2
F Circulation: Average Daily Trips YES
(Identify Trip Distribution on site plan)
G Fire: Served by Fire Station No. 5 YES
H Open Space: Acres 8.13 YES
I Schools: Carl&ad Unified School CAPACITY YES (Demands determined by school district) District AVAIlABLE
J Sewer: Equivalent Dwelling Units 29 YES
Sub Basin 248
K Water: Gallons per Day 8,380 YES
L Project is 0.03 units below the Growth Management Dwelling unit allowance.
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RESOLUTION NO. g5-234
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CAUFORNIA, APPROVING AN AGREEMENT WITH D.R. HORTON
SAN DIEGO NO. 15, INC., TO GUARANTEE FINANCIAL PARTICIPATION
IN THE FUNDING OF CANNON ROAD WEST AND APPROVING A FINAL
MAP FOR CARLSBAD TRACT 91-02, EAGLE CANYON
WHEREAS, D.R. Horton San Diego No. 15, Inc., a California Corporation, has submitted
a final map known as Carl&ad Tract No. 91-92 to the City of Carlsbad for approval; and
WHEREAS, the Tentative Map of Carlsbad Tract No. CT 91-02 with conditions, was
recommended for approval by the Planning Commission on July 17, 1991 pursuant to
Resolution No. 3270; and
WHEREAS, the Cii Council approved Planning Commission Resolution No. 3270 at its
meeting of October 1, 1991 pursuant to Resolution No. 91325; and
WHEREAS, the Cii Engineer has determined that said map substantially conforms to said
conditionally approved tentative map; and
WHEREAS, the conditions of approval for said final map have been completed or secured
with the exception of Council approval of a financing program guaranteeing the construction of
Cannon Road West; and
WHEREAS, the developer is requesting Council approval of an interim agreement entitled
“Petition, Waiver and Consent to Creation of a Facility Impact Fee Program and Agreement to Pay
Fair Share Cost of Cannon Road WeSr whereby developer agrees to pay the City $14,599
towards their fair share cost of the financing of Cannon Road West and to waive their right to
protest the establishment of a facility impact fee for the construction of Cannon Road West; and
WHEREAS, the developer has offered public streets and public easements for dedication
to the City of Carl&ad; and
WHEREAS, the final map conforms to the Cii of Carfsbad General Plan and all
requirements of Cii Codes and Standards; and
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WHEREAS, the City Council of the City of Carfsbad determined it to be in the public
interest to approve said Final Map;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the Cii of Carlsbad,
California, as follows:
1. That the above recitations are true and correct.
2. That the Mayor is directed to sign the agreement entitled “Petition, Waiver and Consent
to Creation of a Facility Impact Fee Program and Agreement to Pay Fair Share Cost of Cannon
Road West.’
3. That said Final Map known as Carl&ad Tract 91-02 from D.R. Horton San Diego
No. 15, Inc., which is on file with the City Engineer and is incorporated herein by reference, is
accepted.
4. That the Cii accepts the dedications shown on the Final Map.
5. That the City Clerk is authorized to sign the Certificate of Acceptance on the Final Map.
6. That the City Clerk is authorized to cause the original Final Map to be recorded in the
Office of the County Recorder of San Diego County, State of California.
7. That ti City Clerk is authorized to release the map to Chicago Tiile Insurance
Company for recording in the offiie of the County Recorder.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
held on the 15th day of AUGUST , 1995 by the following vote, to wit:
AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall
NOES: Hone
ABSENT: None
.‘.
ATTEST:
ALETHA L RAWENKRANZ, Cii Clerk ww
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City Clerk 1 CITY OF CARLSBAD
1200 Carlsbad Village Drive i Carlsbad, CA 92008 1
1
SPACE ABOVE THIS UNE FOR RECORDER’S USE
Parcel No. 212-050-40
PETlllON, WAIVER, AND CONSENT To CREATlON
OF A FACILITY IMPACT FEE PROGRAM
AND AGREEMENT To PAY FAIR SHARE COST OF
CANNON ROAD WEST
(“AGREEMENT”)
A. WHEREAS, the undersigned Property Owner is processing for development within
the City of Carl&ad (‘Ci) a development project known and identified as Carlsbad Tract 91-02
(“Project”) more particularly described on Exhibit ‘A’ attached hereto and by this reference made
a part hereof; and
8. WHEREAS, City has determined Project to be located within the boundaries of a
proposed benefii area for a Facility Impact Fee Program to be known as Cannon Road West
Facility Fee Program (“Fee Program’); and
C. WHEREAS, Fee Program is intended to be formed to finance those improvements
generally described in Paragraph 1 below; and
D. WHEREAS, Fee Program may take the form of a bridge and thoroughfare area of
benefit fee (pursuant to Government Code Section 66484 and Carlsbad Municipal Code (CMC)
Section 20.08.140), amendment to the Traffic Impact Fee (CMC Chapter 18.42) a new
Development Impact Fee enacted pursuant to Government Code Section 86009 et seq, any
combination thereof, or otherwise; and
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E. WHEREAS, Property Owner desires to proceed with processing of the Project prior
to City determination of the form or establishment of Fee Program; and
F. WHEREAS, the Local Facilities Management Plan for Zone 24 requires a guarantee
for the construction of the segment of Cannon Road West, described in Paragraph 1 below, prior
to the recordation of any final maps or the issuance of building permits within the zone; and
G. WHEREAS, condition number 72 (as that condition relates to the funding and
construction of Cannon Road West) of the Tentative Tract Map approved for Carlsbad Tract 91-02
requires Property Owner to provide for the construction of certain public improvements including
a section of Cannon Road West; and
H. WHEREAS, compliance with the applicable Local Facilities Management Plans for
Zone 24 and tentative map conditions is a condition of approval for the final map for the Project;
and
I. WHEREAS, Cfty and Property Owner desire to agree to a guarantee which insures
the project’s fair share of the financing for the improvements described in Paragraph 1 herein that
will allow Property Owner to proceed with the processing’of a final map and development of the
Project in advance of the formation of a Fee Program for the construction of Cannon Road West;
and
J. WHEREAS, Cii Council agrees that Property Owner, upon entering into this
Agreement and upon payment of the fair share described herein, has met the requirement set
forth in the Local Facilities Management Plan for Local Facilities Management Plan Zone 24 and
related tentative map condition number 72 (as that condition relates to the funding and
construction of Cannon Road West) for Carlsbad Tract Map CT 91-02, to provide a financial
guarantee for the construction of those improvements described in Paragraph 1 below; and
K. WHEREAS, Property Owner voluntarily enters into this Agreement; and
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L WHEREAS, the City Council has determined that due to the size of the Project,
there will be no major impact on the circulation system at the present time if development of the
Project is allowed to proceed with sufficient financial guarantees for actual construction to meet
Property Owner’s fair share of the circulation improvements;
NOW, THEREFORE, in consideration of proceeding with the processing of Project, the
undersigned Property Owner hereby agrees and certifies to the following:
1. Property Owner hereby petitions the City for the initiation of proceedings
of a Fee Program which will cause the construction and installation and/or financing of the
following improvements which are more specifically described as follows:
0 Cannon Road to major arterial road standards from Paseo Del
None to El Camino Real (Cannon Road West)
The improvements proposed for inclusion include all curbs, gutters,
sidewalk, base and pavement, median landscaping and irrigation,
median hardscape; streetlights, street monumentation, grading and
excavation, storm drainage facilities, guardrails, two 435 foot
multispan bridges and one 156 foot single span bridge together
with any incidentals necessary to complete a four lane major
arterial roadway.
2. The costs of construction, engineering, design, construction inspection,
contract administration, construction engineering, environmental mitigation, condemnation costs
for the necessary right-of-way and slope easements, legal and other incidental expenses will be
funded by the Fee Program.
3. Property Owner acknowledges its right to notice of and participation in all
phases of the establishment of Fee Program and expressly waives any right to protest or oppose
the imposition or formation of Fee Program. Property Owner’s waiver of its right to protest
establishment or formation of the Fee Program shall not prevent Property Owner from protesting
the amount of the fee or extent of the improvements for Cannon Road West.
4. a) Property Owner agrees to pay to City its fair share for the improvements
described in paragraph one (1) above (‘Deposit”), currently estimated to be $500 per dwelling
unit or $14,500 for Project (based on 29 dwelling units).
b) Prior to the recordation of a final map for any phase or phases within
the Project, Property Owner shall pay the Deposit to City in an amount calculated in accordance
with Paragraph 4.a) above for the number of units proposed within that final map. Deposit is
made in fulfillment of Condition No. 72 of the tentative map to allow City to consider approval of
the final map for Project in advance of the establishment of the Fee Program.
c) The actual amount of Property Owner’s fair share payment under the
Fee Program shall be conclusively determined by City Council at the time the Fee Program is
established.
d) Deposit by Property Owner of its fair share of improvement costs as
determined herein, and the contractual covenant created by this Agreement satisfies Property
Owner’s obligations for the construction of the improvements described in paragraph one (1)
above, as required by the Local Facilities Management Plan for Zone 24 and Tentative
Subdivision Map CT 91-02 condition number 72 (as that condition relates to the funding and
construction of Cannon Road West).
5. Property Owner acknowledges that this Agreement to pay its falr share and
participate in the financing of Improvements is voluntary and that without this Agreement Property
Owner would be precluded from obtaining final map approvals or building and other
development permits under the provisions of the General Plan, Chapter 21.90 of the Carfsbad
Municipal Code, applicable zone plan, financing plans and related documents until a satisfactory
financing program had been developed to fund the construction of the improvements described
in Paragraph 1 above.
6. Property Owner hereby waives its right to challenge the establishment or
imposition of Fee Program. Property Owner’s waiver of its right to challenge the establishment
or imposition of Fee Program shall not prevent Property Owner from protesting the amount of
the fee or extent of the improvements for Cannon Road West.
7. This Agreement does not affect, in any way whatsoever, the obligation of
Property Owner to pay any other fees or assessments associated with Property Owner’s
development, nor does this Agreement relieve Property Owner from providing other public
facilities required under conditions of the Local Facilities Management Plan for Zone 24 or placed
upon Tentative Map CT 91-92 by the City.
8. a) If prior to January 1, 1999, the Fee Program for Cannon Road West is
established, subsequent to Deposit by Property Owner pursuant to this Agreement, Property
Owner’s financial obligation shall be recalculated at that time, using the fee formula established
under the approved Fee Program. If the initial Fee Program obligation is different from Deposit,
plus accrued interest, amount previously paid by Property Owner to City pursuant to Paragraph
4 hereof, City shall refund any excess, or Property Owner will pay to City any additional amount
due (Shortfall).
b) Any refund shall be made from funds available through the collection
of fees and shall not be an obligation of City’s General Fund or other revenue sources.
c) In the event that insufficient funds are available from the fee revenues,
Property Owner shall be reimbursed in the order in which funds were deposited with City as soon
as sufficient funds become available, as determined by the City Council.
d) No reimbursement is required until the City Council determines that
sufficient funds are available.
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e) If a Shortfall exists, Property Owner shall be notified of the amount of
such Shortfall by the Finance Director via certified mail. The amount of said Shortfall shall be due
and payable to City 30 days after the mailing of such notice.
f) The computation of the amount of any Shortfall shall not include interest
charges.
g) If payment in full of the Shortfall is not made by Property Owner within
ninety (90) days of notice of said Shortfall by the Finance Director, the amount due shall
constitute a lien on any portion of the property within the Project for which a building permit has
not been issued by the City. City may deny the issuance of building permits and/or take any
other action allowed by law to deny further development of Project property subject to this
Agreement, and to collect such Shortfall including, but not limited to, enforcement of the lien on
the property. City’s recordation of a lien shall not affect its ability to recover the Shortfall by other
legal means concurrently, but no double recovery will be allowed. The cost of such collection
shall be an obligation of Property Owner and shall be added to the amount of the Shortfall
payment due City.
h) Any payment received by the City under this Agreement shall be
deposited in a special fund and may only be used to fund the construction of the facilities
described herein. Upon the establishment of a Fee Program to fund these same facilities, any
amount remaining in the special fund may be transferred to the Facility Fee Fund, at the
discretion of the Finance Director.
i) On or after the effective date of the Fee Program adopted by City
Council, the Property Owner may elect to terminate this Agreement. The Property Owner shall
notify the City of their intent to terminate this Agreement in writing in accordance with the
provisions of paragraph 15 below. Upon receipt of such notification, the City shall review the
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Deposit account for the Project and determine the amount of any shortfall or refund due under
the provisions of this Agreement and the amount of any remaining credits pursuant to paragraph
4.d) above, if any. Upon payment of the shortfall, if any, by the Property Owner and upon the
determination by the City that the Project is subject to the adopted Fee Program, the City shall
file a notice of release and termination of Agreement with the Cffice of the County Recorder of
the County of San Diego. Termination of this Agreement by the City shall affect only those
portions of the Project which have not recorded a final map prior to the filing of the notice of
release and termination of Agreement. All money or credits received in satisfaction of the terms
of this Agreement for any portion of the Project for which a final map has been recorded prior
to termination of the Agreement shall be considered to have satisfied the Fee Program
requirements for those lots or’units included within such recorded map. Any additional credits
in excess of the needs created by the recording of a phased final map shall be made available
to the Property Owner for use on the remaining unrecorded portion of the project in accordance
with any provisions for the allowance of credits under the adopted Fee Program.
9. If the Fee Program has not been established for any reason by January 1,
1999, the amount paid by Property Owner under this Agreement, including any credits or
reimbursements due pursuant to paragraph 4.~) and 4.d) above, shall be deemed to represent
Property Owner’s fair share cost for provision of those facilities described in paragraph one (1)
above and no further payment will be due from or reimbursement due to Property Owner.
10. Compliance with this Agreement will be accepted by City as an aftemate
to the method described in the current Local Facilities Management Plan for Zone 24 for
financing the improvements described in paragraph one (1) above. This Agreement does not
require City to issue building permits or other development permits or grant approvals or relieve
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Property Owner of the obligation to comply with all applicable provisions of law, including but not
limited to, Carlsbad Municipal Code Tiles 18, 19, 20 and 21.
11. Compliance with the provisions of this Agreement is a condition of all future
discretionary approvals for the Project. If Property Owner does not comply with the provisions
of this Agreement, approval of the Project will not be consistent with the General Plan, the Growth
Management Program, the Local Facilities Management Plan, or the applicable financing plan
for Zone 24 and all subsequent discretionary approvals and permits for the Project shall be
withheld by City.
12. The City may, at its discretion, elect to pursue any remedy, legal or
equitable against Property Owner or Property Owner’s successors, heirs, assigns, and
transferees, with the exception of owners of individual lots for which building permits have been
issued, to secure compliance with this Agreement.
13. City shall not, nor shall any officer or employee of City, be liable or
responsible for any loss or damage incurred by Property Owner or any successor or assign of
Property Owner, or by any occupant in Project, as a result of the exercise of any remedies
provided to City in this Agreement. Property Owner agrees to indemnify City for any liabilities
incurred by City as a result of City’s exercise of these remedies.
14. This Agreement and the covenants contained herein shall be binding upon
and inure to the benefit of the successors, heirs, assigns, and transferees of Property Owner and
City, and run with the real property and create an equitable servitude upon the real property.
15. All notices provided for under this Agreement shall be in writing and shall
be delivered in person or served by certified mail postage prepaid. Delivery of notice to Property
Owner shall be presumed to have been made on the date of mailing regardless of receipt by
Property Owner. Notices required to be given to Property Owner shall be addressed as follows:
DR Horton San Diego No. 15, Inc.
10179 Huennekens Street, Suite 100
San Diego, CA 92121
Notices to the City shall be delivered to the
Finance Director,
Clty of Carl&ad,
1200 Carl&ad Village Drive
Carl&ad, California, 92006.
Each party shall notify the other immediately of any changes of address
that would require any notice delivered hereunder to be directed to another address.
16. The obligation and benefits of this Agreement shall be transferred upon sale
of the Project, As used in this Agreement, ‘Property Owner shall be the owner of the real
property which comprises the Project, except as to any real property for which residential permits
have been issued. Notwithstanding any provision of this Agreement to the contrary, upon written
notice to the City pursuant to Paragraph 15 above, all obligations, benefits and responsibilities
of this agreement shall move to the new owner of the real property which comprises the Project.
. . . .
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17. The undersigned entity further states, under penalty of perjury, that it is the
owner of the property described herein, or an authorized agent of the owner, and has the
authority to sign this document including the creation of the covenants herein. ?
Executed this #day of &%@+T , 19 25 .
CITY OF CARLSBAD, a Municipal
A& E NUOJ ‘(print name here)
(title anll organization of signatory)
(sign here)
(print name here)
(title and organization of signatory)
(Notarial acknowledgment d executii by PROPERlY OWNER must be attached.)
(President or vice-president 8nd secretary or assistant secretary must sign for corporation. If only cne officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowerlng that officer to bind the
corporation.)
APPROVED AS TO FORM:
RONALD R. BALL City Attorney
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* CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
county of San Diego
On Ausust 3, 1995 Date
personally appeared
before me, !,
Name and lime Of Ofrcer (e.g., ‘Jane Doe. Notary Ptiricq Thomas F. Noon, Vice President , Name(s) of Signer(s)
0 personally known to me - OR -PO proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted,
executed tne Instrument.
WITNESS my hand and official seal.
/ / flLly&L
/ sinatum of Notary Ptbfii
OPT/O/VA L
Though the information below is not required by law, it may prove valuable IO persons relying on the document and could prevent
fraudulent removal and reattachment of this fon to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer’s Name: Signer’s Name:
Cl Individual
q Corporate Officer
Title(s):
q Partner - Cl Limited q General
Cl Attorney-in-Fact
q Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing:
I I I I 1 I
Cl Individual
El Corporate Officer
Title(s):
0 Partner - Cl Limited C! General
0 Attorney-in-Fact
Cl Trustee
0 Guardian or Conservator
0 Other:
Signer 1st Representing:
0 1994 National Notary Association - 8236 Remmet Ave.. P.O. Box 7184 * Catxga Palk, CA 91309-7164 Prod. No. 5907 Reorder: Call Toll-Free 14004766827
EXHIBIT “A”
LEGAL DESCRIPTION
PARCEL 1:
That portion of Lot ‘F’ of Ran&o Agua Hedionda, in the Cii of Carisbad, in the County of San
Diego, State of California, according to Map Thereof No. 823, filed in the office of the County Recorder of San Diego County, November 18, 1896, described as follows:
Commencing at point 23 on the boundary of Lot ‘F’, as shown on said map being the Northerly
comer of lands granted by Charles Kelly and wife to Elmer U. Carpenter by deed recorded
June 1,1937, in book 662, page 755 of deeds, in the office of the County Recorder of San Diego
County; thence South ll”55’07’ West 14.42 feet along the Northwesterly boundary of said
Carpenter Lands to the Southwesterly line of El Camino Real, as shown on Road Survey 1800-l)
as described in deed to the County of San Diego, recorded January 14, 1970, as Document
No. 7225 of official records of said county, being a point on a cunre in said Southwesterly line
concave Southwesterly and having a radius of 3455.00 feet, a radial line from said point bears South 35”35’22’ West, said point being the TRUE POINT OF BEGINNING; thence Northwesterly along said curve through a central angle of 9”02’31’, a distance of 545.24 feet to a tangent line
in said Southwesterly line of El Camino Real; thence North 83”27’09” West 472.28 feet to the
beginning of a tangent curve in said Southwesterfy line concave Southwesterly and having a radius of 14,955.OO feet; thence Northwesterly along said curve through a central angle of 0”29’19’, a distance of 127.53 feet to Station 420 plus 25 as shown on said Road Survey 1800-l ; thence leaving said Southwesterly line South 28” 53’52’ West 178.31 feet; thence South 58” 13’05’
East 1236.00 feet to an angle point in the Northwesterly line of said Carpenter Lands; thence
North ll”55’07’ East 301.18 feet to the TRUE POINT OF BEGINNING.
PARCEL 2:
That portion of Lot ‘F’ of Ran&o Agua Hedionda in the Cii of Carlsbad, County of San Diego, State of California, according to Map Thereof No. 823, filed in the office of the County Recorder of San Diego County, November 16, 1896, described as follows:
Commencing at point 23 on the boundary of Lot ‘F’, as shown on said map, being the Northerly
comer of lands granted by Charles Kelly and wife to Elmer U. Carpenter by deed recorded
June 1,1937 in book 662, page 755 of deeds, in the office of the County Recorder of San Diego
County; thence South 11’55’07’ West 14.42 feet along the Northwesterly boundary of said
carpenter lands to the Southwesterly line of El Camino Real, as shown on Road Survey 1800-1, as described in deed to the County of San Diego, recorded January 14, 1970 as Document No.
7225 of official records of said county, being a point on a curve in said Southwesterly line
concave Southwesterly and having a radius of 3455.00, a radial line from said point bears South 35”35’22’ West, thence Northwesterly along said curve through a central angle of 9”02’31’, a
distance of 545.24 feet to a tangent line in said Southwesterly line of El Camino Real; thence
North 63”27’09’ West 472.26 feet to the beginning of a tangent curve in said Southwesterly line
concave Southwesterly and having a radius of 14,955.OO feet; thence Northwesterly along said curve through a central angle of 0*29’19’, a distance of 127.53 feet to Station 420 plus 25 as shown on said Road Survey 1800-l ; thence leaving said Southwesterly line South 28” 53’52” West 178.31 feet, being the TRUE POINT OF BEGINING; thence South 17”24’23’ East 278.57 feet;
thence South 29”42’33’ East 399.26 feet; thence South 54’36’44’ East 601.95 feet more or less
to the most Westerly comer of said land to Carpenter; thence North 42’59’32’ East 374.50 feet
to an angle point in said land to Carpenter; thence North 56”13’05’ West 1236.00 feet to the TRUE POINT OF BEGINNING.
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PARCEL 3:
An easement and right of way for ingress and egress for road purposes over, along and across
a strip of land 40.00 feet in width lying within Lot ‘F’ of Ranch0 Agua Hedionda, in the City of
Carlsbad, County of San Diego, State of California, according to Map Thereof No. 823, filed in
the office of the County Recorder of San Diego County, November 16, 1896, the center line of
said 40.00 foot strip being described as follows:
Beginning at point 1 of said Lot ‘F’ as shown on said map; thence South 25*01’05’ East (record
South 24*45’ East) a distance of 229.00 feet to a point which point is designated on said map as point 23 of Lot “F’, this point being the TRUE POINT OF BEGINNING and which point is the most Northerly comer of lands conveyed by Charles Kelly to Elmer Carpenter by deed recorded
June 1, 1937 in book 622, page 755 of deeds in the County of San Diego, State of California; the
said Carpenter Land being now known as Robert E. Hick’s property; thence along the Westerly and Northwesterly boundary of said Carpenter (Hicks) Land as follows:
South 11’ 51’1 Z West 315.60 feet to an angle point; and South 42” 55’37’ West 374.50 feet to the
most Westerly comer of said land.
Excepting that portion lying Northeasterly of the Southwesterly line of Road Survey No. 1800-l as described in deed to the County of San Diego, recorded October 29, 1969 as File No. 198734
of official records of said county.
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T .
August 25, 1995
Gregory J. Smith San-D&go County Recorder Post Office Box 1750 San Diego, CA 92112-4147
Enclosed for recordation is the following described document:
Petition, Waiver, and Consent to Creation of a Facility Impact Fee Program and Agreement to Pay Fair Share Cannon Road West CT 91-2
Also enclosed are instructions on how the City is to be billed for the recordatiorl fees incurred.
Thank you for your assistance in this matter.
ALETHA L. RAUTENKRANZ, CMC City Clerk
ALR:ijp
Enclosures
1200 Carlsbad Village Drive - Carlsbad, California 92008-1989 - (619) 434-2808 @