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HomeMy WebLinkAbout1997-02-11; City Council; 14045; Final Map Emerald Ridge WestCITY OF CARLSBAD - AGENDA BILL 4B# /y 6% TITLE: MTG. 2-11-97 DEPT. ENG FINAL MAP CARLSBAD TRACT NO. 9543 EMERALD RIDGE WEST CIM MGR. +=- RECOMMENDED ACTION: Adopt Resolution No. (?‘I-&% approving a Prepayment Agreement with UDC Homes, Inc., and approving the Final Map for Carlsbad Tract No. 9503, Emerald Ridge West. ITEM EXPLANATION: Engineering staff has completed checking the final map of Carlsbad Tract 9503, also known as Emerald Ridge West. This is a 28.35 acre property subdivided for residential development. This subdivision is within Local Facilities Management Plan (LFMP) 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 62 lots with uses as follows: 61 single family lots containing 9 second dwelling units and 1 open space lot. The final map conforms substantially with the tentative map as approved by Planning Commission on January 17, 1996 per Resolution No. 3880. The final map also conforms to the general plan, all the applicable requirements of the Municipal Code, City Standards and the Growth Management Plan. The applicant, UDC Homes, Inc., a Delaware Corporation, is requesting the recordation 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 Parkway. 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 $441,560 which represents the estimated B&TD fee based upon 61 single family units and 9 second dwelling 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 expense of plan checking and processing 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% 6 & approving a Prepayment Agreement with UDC Homes, Inc. and approving the Final Map for Carlsbad Tract No. 9503, Emerald Ridge West. 3. Prepayment Agreement with UDC Homes, Inc. _. I _^C--* c . * 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 26 - RESOLUTION NO. 9 7 - 6 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A PREPAYMENT AGREEMENT WITH UDC HOMES, INC. AND APPROVING THE FINAL MAP FOR CARLSBAD TRACT NO. 9503, EMERALD RIDGE WEST. WHEREAS, UDC Homes, Inc., a Delaware Corporation, has submitted a Final Map known as Carkbad Tract No. 9503 to the City of Carisbad for approval; and WHEREAS, the Tentative Map of Carlsbad Tract No. 9503 with conditions, was approved by the Planning Commission on January 17, 1996, pursuant to Resolution Number 3880; and WHEREAS, the City 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 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 $441,560 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 public street and public utility, trail and open space easements for dedication to the City of Carlsbad; and WHEREAS, the Final Map conforms to the City of Carlsbad General Plan and all requirements of City Codes and Standards; and WHEREAS, the City Council of the City of Cartsbad 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 Carlsbad, California, as follows: I ! l( 1’ 1: 1: 1L 15 1E 17 18 19 20 21 22 23 24 25 26 27 26 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 Aviara Parkway and Poinsettia Lane.” 3. That said Final Map known as Carlsbad Tract No. 9503 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, except for the trail easement. 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 Cartsbad City Council held on the 11th day of February , 1997 by the following vote, to wit: AYES: Council Members Lewis, Nygaard, Kulchin and Hall NOES: None ABSENT: Council Member Finnila w=-) - RECORDING REQUESTED ) BY AND WHEN RECORDED ) MAIL TO: ; City Clerk CITY OF CARLSBAD ; 1200 Carlsbad Village Drive ) Carlsbad, CA 92008 ) II SPACE ABOVE THIS LINE FOR RECORDER’S USE Parcel No.: 212-040-32 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 (“AGREEMENT”) A. WHEREAS, the undersigned Property Owner is processing for development within the City of Catisbad (“City”) a development project known and identified as Emerald Ridge West, Carlsbad Tract 9503 (“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 88484 and Carisbad 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 88000 et seq, any 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 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 projects 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: 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). Full width grading of the roadway, paved road surface for two lane (18 foot paved section on each side of median for a total of 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 City’s 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 tight 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 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 $665 per “Average Daily Trip” (“ADT”) allocable to each dwelling unit in the Project. Ten (10) ADT’s are allocable to each single-family 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 $441,560 (based upon the following calculation: 61 single-family units x 10 ADT/unit x $665/ADT + 9 second dwelling units x 6 ADT/unit x $665/unit). - I 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 Carisbad 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. . ..~ . . ‘. I X 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 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 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 5 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 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 Owners fair share cost for provision of those facilities described in 6 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 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, Carlsbad 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 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. 7 .- 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: UDC Homes, Inc. 438 Camino Del Rio South, Suite 112B 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. Ill Ill Ill Ill 8 ~ 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. +Yq Executed this 2’7 -- day of PROPERTY OWNER: UDC HOMES, INC., a Delaware Corporation By: i.l.3 - , lAAzmJE& (print name here) ti fl (title and organization of signatory) . ” (sign hefe) PT . FEXD ~4 (title and organization of signatory) (Notarial acknowledgment of execution by PROPERTY OWNER must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporation. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corpo$ate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney BY .Q. l3mQ-c City Attorney Exhibit ‘A’ LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: -PARCEL 1: - . A PORTION OF PARCEL "C" OF PARCEL MAP NO. 2949 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 9, 1974 AND A PORTION OF THAT CERTAIN PARCEL OF LAND DELINEATED AND DESIGNATED AS "DESCRIPTION NO. 1, 103.91 ACRES" ON RECORD OF SURVEY MAP NO. 5717, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 19, 1960, BEING A PORTION OF LOT "G" OF RANCH0 AGUA HEDIONDA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, A PORTION OF WHICH LIES WITHIN THE CITY OF CARLSBAD, ALL BEING IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF PARCEL "A" OF PARCEL MAP NO. 2993, SAID POINT BEING NORTH OO"01'57" EAST 0.21 FEET FROM THE NORTHEAST CORNER OF PARCEL "C" OF PARCEL MAP NO. 2949; THENCE ALONG SAID SOUTHERLY LINE OF PARCEL "A" AND PARCEL "B" OF PARCEL MAP NO. 2993, NORTH 87O13'10" EAST (RECORD NORTH 86O51'47" EAST PER P.M. NO. 2993) 650.64 FEET; THENCE LEAVING SAID SOUTHERLY LINE OF SAID PARCEL "A" AND PARCEL "B", SOUTH Ol"41'08" EAST 423.49 FEET TO THE BEGINNING OF A TANGENT 466.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 11°53'OO" ADISTANCE OF 96.65 FEET; THENCE SOUTH13°34'08" EAST 564.02 FEET TO THE BEGINNING OF A TANGENT 266.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS, SOUTH 76O25'52" WEST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 14O44'00" A DISTANCE OF 68.40 FEET; THENCE SOUTH 28O18'08" EAST 145.20 FEET TO THE BEGINNING OF A TANGENT 334.00 FOOT RADIUS CURVE CONCAVE WESTERLY, A RADIAL LINE TO SAID POINT BEARS, NORTH 61O41'52" EAST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 29OO0'28" A DISTANCE OF 169.10 FEET; THENCE SOUTH OO"42'20" WEST 178.87 FEET TO A POINT ON THE SOUTHERLY LINE OF RANCH0 AGUA HEDIONDA; THENCE ALONG SAID SOUTHERLY LINE, NORTH 89O26'44" WEST (NORTH 89O27'10" WEST PER P.M. MAP NO. 2949 AND R.O.S. 9812) 870.90 FEET TO A POINT ON THE ARC OF A NON-TANGENT 230.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS, SOUTH OOO33'16" WEST; THENCE LEAVING SAID SOUTHERLY LINE OF SAID RANCHO, NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 46O35'37" A DISTANCE OF 187.04 FEET; THENCE NORTH 47OO8'53" EAST 183.01 FEET; THENCE NORTH 42O20'22" WEST 65.62 FEET; THENCE NORTH Page lof 2 Exhibit ‘A’ 24O47'42" WEST 78.24 FEET; THENCE NORTH 18OO0'37" EAST 150.05 FEET TO A POINT ON THE ARC OF A NON-TANGENT 355.00 FEET CONCAVE NORTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS, SOUTH 18OO0'37" WEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF lOO53'32" A DISTANCE OF 67.49 FEET; THENCE NORTH 61°05'51" WEST 13.61 FEET; THENCE NORTH 28O54'09" EAST 197.78 FEET; THENCE NORTH 63O23'53" WEST 26.14 FEET; THENCE NORTH OOO43'35" WEST 277.23 FEET; THENCE NORTH 09°42'06" WEST 71.93 FEET; THENCE NORTH OO"01'S7" EAST 273.68 FEET; THENCE NORTH 07O41'58" EAST 91.17 FEET; THENCE NORTH OO"01'57" EAST -169.45 FEET TO THE POINT OF BEGINNING. - _ PARCEL 1A: AN EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS, ROAD AND UTILITY PURPOSES, INCLUDING BUT NOT LIMITED TO ELECTRIC POWER, TELEPHONE, GAS, WATER, SEWER AND CABLE TELEVISION LINES AND APPURTENANCES THERETO, OVER, UNDER, ALONG AND ACROSS THAT PORTION OF PARCEL A, B AND C 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, DELINEATED AND DESIGNATED AS “E4’ FUTURE STREET OPEN (MARCARIO ROAD)" ON SAID PARCEL MAP. Page 2 of 2 . ’ CAiiFORNIA ALL-PURPOSE State of @A Li Fk.VU./~A County of SPnl bl&Gd OnJArJjU#\/ 2’7, I”147 before me, t&I&E 1, q 6/9&?&!13cI.5~~. m)4Jl LiL3uc P Date Name and Title of Officer (e g “Jane hoe. Notary PubliE”) personally appeared JOd 6. &&Ad&& AA/b baws/z. FE,QD/~ , Name(s) of Signer(s) ersonally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) i&are subscribed to the within instrument and acknowledged to me that-be&&/they executed the same in t+i&&their authorized capacity(ies), and that by hieI&er/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Puhk OnIONA L 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 Cl Corporate Officer Title(s): CJ Partner - -: Limited [ ! General LI Attorney-in-Fact C 1 Trustee I I Guardian or Conservator I / Other: Signer Is Representing: Top ol thumb here Signer’s Name: 3 Individual 17 Corporate Officer Title(s): :I1 Partner - ill Limited General ::I Attorney-in-Fact I I Trustee I Guardian or Conservator : I Other: Signer Is Representing: Top of lturrb here 0 1995 Nal~onal Nulxy A:,v,I ,:tlw~~~ * 87% H~~,nnreI AVP PO Box 7184 . Canoga Park, CA 91009-7184 Pied No ‘1907 February 21, 1997 Gregory J. Smith San Diego County Recorder Post Office Box 1750 San Diego, CA 92112-4147 Enclosed for recordation are the following described documents: 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 APN: 211-040-14 CT 94-11 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 APN: 212-040-32 CT 95-3 Also enclosed are instructions on how the City is to be billed for the recordation fees incurred. Thank you for your assistance in this matter. Assistant CityClerk Enclosures 1200 Carlsbad Village Drive - Carlsbad, California 92008-l 989 - (619) 434-2808