HomeMy WebLinkAbout1997-02-11; City Council; 14044; Mar Vista Final Map.
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CITY OF CARLSBAD - AGENDA BILL
TITLE FINAL MAP
CARLSBAD TRACT 94-11
MAR VISTA
RECOMMENDED ACTION:
Adopt Resolution No. ??-6/ approving a Prepayment Agreement with UDC Homes, Inc.
and approving the Final Map for Carlsbad Tract No. 94-l 1, Mar Vista.
ITEM EXPLANATION:
Engineering staff has completed checking the final map of Carlsbad Tract 94-l 1, also known as Mar Vista. This is a 33.83 acre property subdivided into a residential development. This
subdivision is within Specific Plan 203, in Local Facilities Management Plan Zone 20 and is
generally located north of Camino De Las Ondas, east of Paseo Del Norte and south of Palomar Airport Road. It is comprised of 50 lots with uses as follows: 49 single family lots containing 8 second dwelling units with a minimum lot size of 7,500 square feet, and 1 open
space lot.
The final map conforms substantially with the tentative map as approved by e Planning
Commission on January 3, 1998 per Resolution No. 3875. The final map also co R forms to the
General Plan and all the applicable requirements of the Municipal Code and City Standards. The applicant, UDC Homes, Inc., a Delaware Corporation, is requesting record&ion of said
final map.
In compliance with the Local Facilities Management Plan for Zone 20, this project is required to
guarantee the financing of certain portions of Poinsettia Lane and Aviara Pahay. Staff is
currently in the process of forming a Bridge and Thoroughfare district (B&TD) to satisfy this Zone
Plan requirement. The developer desires to final the map for this project in advance of the formation of the B&TD. By previous action on similar projects within Zone 20, City Council has
determined that the financing obligation can be satisfied through an agreement whereby the
developer prepays the estimated B&TD fee and agrees to pay any difference from the
established fee once the B&TD is formed.
The Developer has, therefore, paid to the City the sum of $357,770 which re d resents the
estimated B&TD fee based upon 49 single family units and 8 second dwellinb units. In
addition, the developer has executed the standard prepayment agreement and submitted it for
Council approval (a copy of the agreement is attached as Exhibit No. 3).
FISCAL IMPACT:
The developer pays a plan check fee to cover the expanse of plan checking and L pr essing the
Final Map for recording. There is no fiscal impact to the City. All appropriate fees will be paid if and when building permits are issued for this project.
EXHIBITS:
1. Location map. 2. Resolution No. 9 3-61 approving a Prepayment Agreement with UDC I, omes, Inc. and
approving the Final Map for Carlsbad Tract No. 94-11, Mar Vista.
3. Prepayment Agreement with UDC Homes, Inc.
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PROJECT NAME MAR VISTA PROJECT
NUMBER CT94-II
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RESOiUTION NO. 97-61
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A PREPAYMENT
AGREEMENT WlTH UDC HOMES, INC. AND APPROVING THE
FINAL MAP FOR CARLSBAD TRACT NO. 94-11, MAR VISTA.
WHEREAS, UDC Homes, Inc., a Delaware Corporation, has submitted a Final Map
known as Carisbad Tract No. 94-11 to the City of Carlsbad for approval; and
WHEREAS, the Tentative Map of Carlsbad Tract No. 94-11 with conditions, was approved
by the Planning Commission on January 3, 1996, pursuant to Resolution Number 3875; and
WHEREAS, the City Engineer has determined that said map substantially conforms to
said conditionally approved revised vesting 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 certain portions of Poinsettia Lane and Aviara Parkway; 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 Aviara Parkway and Poinsettia Lane” whereby developer agrees to pay
the City $357,770 towards their fair share cost of the financing of Aviara Parkway and Poinsettia
Lane and to waive their right to protest the establishment of a facility impact fee for the
construction of Aviara Parkway and Poinsettia Lane; and
WHEREAS, the developer has offered Drainage, Public Street, Public Utilities and Open
Space easements for dedication to the City of Cansbad; and
WHEREAS, the Final Map conforms to the City of Car&bad General Plan and all
requirements of City Codes and Standards; and
WHEREAS, the City Council of the City of Carlsbad determined it to be in the public
interest to approve said Final Map.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carisbad,
California. as follows:
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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 Costs of
Aviara Parkway and Poinsettia Lane.”
3. That said Final Map known as Carlsbad Tract No. 94-11 from UDC Homes, Inc.,
which is on file with the City Engineer and is incorporated herein by reference, is accepted.
4. That the City 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 the City Clerk is authorized to release the map to First American Title insurance
Company for recording in the Office of the County Recorder.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
held on the llth day of February , 1997 by the following vote, to wit:
AYES Council Members Lewis, Nygaard, Kulchin and Hall
NOES: None
ABSENT: Council Member Finnila
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk (SEW
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RECORDING REQUESTED
BY AND WHEN RECORDED MAIL TO:
City Clerk CITY OF CARLSBAD
1200 Carlsbad Village Drive
Carlsbad, CA 92008
,: DL # 1997-0097872
05-HAR-1997 03217 PM
SAN DIEGO COUNTY RECORDER’S OFFICE OFFICIBL RECORDS
RF : 16.00 FEES: 40.00 GREGORY SHITH, COUNTY RECORDER
)
) 1289 iF: 1.00 23.00
SPACE ABOVE THIS LINE FOR RECORDER’S USE
Parcel No.: 211-040-14
PETITION, WAIVER, AND CONSENT TO CREATION
OF A FACILITY IMPACT FEE PROGRAM AND AGREEMENT
TO PAY FAIR SHARE COST OF AVlARA PARKWAY AND POINSETTIA LANE
(“AGREEMENT”)
A. WHEREAS, the undersigned Property Owner is processing for development
within the City of Carlsbad (“City“) a development project known and identified as Mar Vista,
Carlsbad Tract 94-1 1 (“Project“) more particularly described on Exhibit “A” attached hereto and
by this reference made a part hereof; and
B. WHEREAS, City has determined Project to be located within the boundaries of a
proposed benefit area for a Facility Impact Fee Program to be known as Aviara Parkway and
Poinsettia Lane 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 66000 gt m, any
combination thereof, or otherwise; and
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E. WHEktAS, 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 20 requires a
guarantee for the construction of the segment of Aviara Parkway and Poinsettia Lane,
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, compliance with the applicable Local Facilities Management Plan
for Zone 20 and tentative map conditions is a condition of approval for the final map for the
Project; and
H. WHEREAS, City 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
Aviara Parkway and Poinsettia Lane; and
I. WHEREAS, City 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 20 to
provide a financial guarantee for the construction of those improvements described in
Paragraph 1 below; and
J. WHEREAS, Property Owner voluntarily enters into this Agreement; and
K. 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:
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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:
Aviara Parkway from Poinsettia Lane to Palomar Airport Road
and Poinsettia Lane from Aviara Parkway to El Camino Real
(Aviara Parkway and Poinsettia Lane).
lane (18 foot paved section on each side of median for a total of
Full width grading of the roadway, paved road surface for two
36 feet paved section), median curbs, outside asphalt berms,
street drainage facilities (with the exception that drainage facilities
in Aviara Parkway which are included in the Civs Drainage Fee
Program have been deleted), culverts, temporary drainage in
parkway, design, contract administration, construction inspection,
construction engineering, mitigation measures and land acquisition.
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 Ownel'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 Aviara Parkway and
Poinsettia Lane.
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 $ss5
per "Average Daily Trip" ("ADT") allocable to each dwelling unit in the Project. Ten (IO) ADT's
are allocable to each singlefamily dwelling unit in the Project and six (6) ADT's are allocable to
each multi-family or second dwelling unit in the Project. The total amount of Deposit
contemplated under the terms of this Agreement is estimated to be $357,770 (based upon the
following calculation: 49 singlefamily units x 10 ADT/unit x $665/ADT + 8 second dwelling
units x 6 ADT/unit x $665/unit).
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b) Prior to the recordation of the 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,
to the extent those amounts have not previously been subtracted from the Deposit. For the
purpose of computing the Deposit amount required pursuant to this Agreement, recordation of
all or a portion of the second dwelling unit lots shall require full payment of that portion of
Deposit allocable to each of the second dwelling units included with the lot or lots being
recorded.
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 20 and the conditions for
approval for the Project.
5. Property Owner acknowledges that this Agreement to pay its fair 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 Carlsbad
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 Aviara Parkway and Poinsettia Lane.
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7. This Agreement does not affect, in any way whatsoever, thi &@tion 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 20 or
placed upon the Project by the City.
8. a) If prior to January 1, 1999, the Fee Program for Aviara Parkway and
Poinsettia Lane 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.
e) If a Shortfall axists, 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.
9 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
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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
Deposit account for the Project and determine the amount of any shortfall or refund due under
the provisions of this Agreement. 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 Office 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 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.
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, shall be deemed to
represent Property Ownet's fair share cost for provision of those facilities described in
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Property Owner.
10. Compliance with this Agreement will be accepted by City as an alternate
to the method described in the current Local Facilities Management Plan for Zone 20 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
Property Owner of the obligation to comply with all applicable provisions of law, including but
not limited to, Cadsbad Municipal Code Titles 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 20 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 Ownel'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.
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15. All notices provided for under this Agreement shall be in writi Ef8dsshall
be delivered in person or served by certified mail postage prepaid. Delivery of noice 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:
438 Camino Del Rio South, Suite 112B UDC Homes, Inc.
San Diego, CA 92108
Notices to the City shall be delivered to the:
Finance Director City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad. California 92008
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. 1297
PROPERTY OWNER:
UDC HOMES, INC., a Delaware
Corporation
By: ( (sign he\e)
,JQ tYWmJEK (print name here)
I/. P. “I
(title and organization of signatory)
by?
(title and organization of signatory)
(Notarial acknowledgment of execution by PROPERTY OWNER must be attached.)
only one officer signs, the corporation must attach a resolution certified by the secretary or (President or vice-president and secretary or assistant secretary must sign for corporation. If
assistant secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
n
BY City Attorney
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On bhdUHk d 2 7, I 9 9 '7 before me, JAd& 1.. d#fldr'RoL(SSE, ,dd~Qkd &LlC ,
personally appeared Jod 8. dEf?hEK &Vb Name(s1 AEMEJ~S 01 SNgnerIs) /X. FEkb/S
)&Jersonally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s)ie/are subscribed to the within instrument
and acknowledged to me that W&e/they executed the
' Date Name and Title of Onlcer (e.0 , "Jane Doe, Notab PubIlc"1
j same in bkkexhheir authorized capacity(ies), and that by
h&er/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, d p
,k executed the instrument.
Though the information below Is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form 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:
0 Individual
0 Corporate Officer
Title@):
G Partner - 0 Limited 7 General
0 Attorney-in-Fact
Trustee-
rJ Other:
0 Guardian or Conservator
Signer's Name:
0 Individual
G Corporate Officer
Title@):
0 Partner - 0 Limited 0 General
0 Attorney-in-Fact
0 Trustee
0 Guardian or Conservator n Other:
Signer Is Representing: Signer Is Representing:
@ 1995 Naf~onal Notary Asso~iatlon 18238 Remmel Ave.. P.O. BOX 7184. CanOga Pa*. CA 91309-7184 Pmd. No. 5907 Reorder: CallTollLFree 1-800-876~6827
LEGAL DESCRIPTION
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Exhibit 'A'
1299
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
A PORTION OF PARCEL "C" OF PARCEL MAP NO. 2949, FILED IN THE OFFICE OF
OF THAT CERTAIN PARCEL OF LAND DELINEATED AND DESIGNATED AS
THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 9, 1974 AND A PORTION
"DESCRIPTION N0.'1, 1103.91 ACRES" ON RECORD OF SURVEY MAP NO. 5717, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY
DECEMBER 19, 1960, BEING A PORTION OF LOT "G" OF RANCHO AGUA HEDIONDA,
LIES WITHIN THE CITY OF CARLSBAD, ALL BEING IN THE COUNTY OF SAN
RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, A PORTION OF WHICH
DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF PARCEL "C" OF SAID PARCEL MAP NO.
2949; THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL "C", SOUTH
89O27'30" EAST 696.14 FEET (RECORD SOUTH 89O27'10" EAST 695.84 FEET
PER MAP NO. 2949); THENCE LEAVING SAID NORTHERLY LINE OF PARCEL "C",
ALONG THE EASTERLY LINE OF SAID PARCEL "C" SOUTH OOo01'57" WEST 169.24 FEET; THENCE LEAVING SAID EASTERLY LINE OF SAID PARCEL "C", SOUTH
07°41'58" WEST 91.16 FEET; THENCE SOUTH 00°01'57" WEST 273.68 FEET;
THENCE SOUTH 09O42'06" EAST 71.93 FEET; THENCE SOUTH 01°49'16" EAST
113.52 FEET; THENCE SOUTH 00°01'57" WEST 163.73 FEET; THENCE SOUTH
63O23'53" EAST 26.15 FEET; THENCE SOUTH 25O54'17" WEST 197.78 FEET; THENCE SOUTH 61O05'43" EAST 13.60 FEET TO THE BEGINNING OF A TANGENT
355.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, A RADIAL LINE TO SAID
OF SAID CURVE THROUGH A CENTRAL ANGLE OF 10°53' 39" A DISTANCE OF 67.50
POINT BEARS SOUTH 28'54'17'' WEST; THENCE SOUTHEASTERLY ALONG THE ARC
FEET; THENCE SOUTH 18"00'37" WEST 105.05 FEET; THENCE SOUTH 24D47'42"
EAST 78.24 FEET; THENCE SOUTH 42O20'22" EAST 65.62 FEET; THENCE SOUTH
47O08'53" WEST 183.01 FEET TO THE BEGINNING OF A NON-TANGENT 230.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 47O 08 ' 53 " WEST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 46O35'37" A DISTANCE OF 187.04 FEET
A LINE COMMON WITH SAID SOUTHERLY LINE OF RANCHO AGUA HEDIONDA 'AND THE
TO A POINT ON THE SOUTHERLY LINE OF RANCHO AGUA HEDIONDA; THENCE ALONG
SOUTHERLY LINE OF SAID PARCEL "C" OF PARCEL MAP NO. 2949, NORTH
R.O.S. 9812) 775.65 FEET; THENCE LEAVING SAID COMMON SOUTHERLY LINE, 898O26'44" WEST (RECORD NORTH 89"27'10" WEST PER P.M. NO. 2949 AND
ALONG THE WESTERLY LINE OF SAID PARCEL "C" OF PARCEL MAP 2949, NORTH
PER MAP NO. 2949); THENCE NORTH 33O05'12" WEST 514.90 FEET (RECORD
19O29'33" WEST 870.01 FEET (RECORD NORTH 19°30'00" WEST 870 .OO FEET
Page 1 of 2
Exhibit 'A'
1300
NORTH 33O05'00" WEST 514.62 FEET PER PARCEL MAP NO. 2949) ; THENCE NORTH 62O12'47" EAST 659.41 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM ALL THOSE PORTIONS LYING WITHIN [PARCELS "A", "E",
"C" AND "D" OF PARCEL MAP NO. 2993, IN THE CITY OF CARLSBAD, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, AUGUST 23, 1974 AS FILE NO. 74-230326 OF OFFICIAL RECORDS.
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