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HomeMy WebLinkAbout1997-06-03; City Council; 14194; Aviara Phase III - Unit 1. . cc L 3lTY OF CARLSBAD -A&A BILL 4B# /$I9 4 TITLE: APPROVAL AND AUTHORIZATION TO RECORD FINAL MAP HTG. 613197 CARLSBAD TRACT NO. 92-03(A) AVIARA PHASE Ill - UNIT 1 DEPT. ENG RECOMMENDED ACTION: Adopt Resolution No. ? I* 438 approving the Final Map for Carlsbad Tract No. CT 92-03(A), Aviara Phase III - Unit 1 and authorizing the City Clerk to process the Map for recording. ITEM EXPLANATION: Engineering staff has completed checking the final map of Carlsbad Tract 92-03(A), also known as Aviara Phase III - Unit 1. This is a 47 acre property subdivided for residential development. This subdivision is within Local Facilities Management Plan (LFMP) Zone 19 and is generally located northerly of Aviara Parkway at the future intersection of Ambrosia Lane and Poinsettia Lane. It is comprised of 9 lots with uses as follows: 5 residential lots and 4 open space lots. The final map conforms substantially with the tentative map as approved by City Council on August 13, 1996 per Resolution No. 96-273. 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, Aviara Land Associates, L.P., is requesting the recordation of said final map. In compliance with the Local Facilities Management Plan for Zone 19, this project is required to guarantee the financing of certain portions of Poinsettia Lane. 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, 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. In the case of Aviara Phase III, the developer is required to construct Poinsettia Lane within the subdivision boundaries to satisfy their fair share contribution to the future B&TD. As a part of the Council action the Mayor is authorized to approve the 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. Conditions of approval for this project require that the developer exchange a portion of the land within the subdivision with an equal portion of the land of Aviara Park. To meet this condition the developer processed a Boundary Adjustment which redefines the northern boundary of the land being subdivided by this final map. To finalize the land exchange, deeds have to be exchanged by the parcel owners. The developer has executed the deed for the portion of land being added to the park site. As part of the Council action, the Mayor is authorized to sign the deed granting the developer the portion of the park site being exchanged. On June 27, 1989 the City Council adopted Resolution 89-216, approving the Aviara Parks Agreement. The agreement included the legal description of the park site as Exhibit “A” and a plat illustrating the legal description for the park site. As part of the Council action, the City Clerk is authorized to replace the original Exhibit “A” of the Park Agreement with a new Exhibit “A” reflecting the new park boundary, and to also replace the plat illustrating the new legal description. ’ Page 2 of Agenda Bill No. P 4, 19 “I J 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. Aviara Phase III - Unit 1 Tentative Map Exhibit. 3. Resolution No. 99-S39 approving a Final Map for Carlsbad Tract No. 92-03(A), Unit I. 4. Petition and Consent and Waiver Agreement. 5. Grant Deed for the even exchange of park land. 6. New Park Agreement Exhibit “A”: legal description of park site. - + I QCATPON MAP -- -. . . ._I. ..“S . . CITY OF OCEANSIDE an OF VETA SI \ C,Tf :F I PROJECT NAME AVIARA PHASE Ill, UNIT I 1’ ,?- i_ ._ _ { _ i, ._ P cc: ,, ._- ,.. ,J& /S gt ‘,,, &qr; c Ih, I:, i’,*c// II 3 3, i 0 ; I’ ,,I’ \ ,, \\ i’ + cg ‘</,p’ ’ yp& ,, ‘.. ‘i ~ / ,,,o-:.,; , r .// ; “l.’ !K I\\. ‘- Q ; \ $ \: ,- I . ,/‘s ’ , \ - .‘A, ‘1 c&z ‘YT- Exhibit 2 q 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - RESOLUTION NO. 97-478 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE FINAL MAP FOR CARLSBAD TRACT NO. 92-03(A) AVIARA PHASE III - UNIT 1 WHEREAS, Aviara Land Associates, L.P., has submitted a Final Map known as Carlsbad Tract No. 92-03(A) to the City of Carlsbad for approval; and WHEREAS, the Tentative Map of Carlsbad Tract No. 92-03(A) with conditions, was approved by City Council on August 13, 1996, pursuant to Resolution Number 96-273; 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; and WHEREAS, the developer has offered public street and public 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 Carlsbad determined it to be in the public interest to approve said Final Map; 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 construct a major segment of 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 is required to exchange a portion of the land within the subdivision with an equal portion of the land of Aviara Park; and Exhibit 3 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 28 WHEREAS, in order to effect the exchange of lands, grant deeds need to be executed; and WHEREAS, the developer has executed the deed granting to the City the land to be ~ added to the park site; and WHEREAS, the exchange of land changes the original legal description of the Park Agreement between the City of Carlsbad and Aviara Land Associates Limited Partnership and the plat illustrating the legal description for the park site; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That said Final Map known as Carlsbad Tract No. 92-03(A), which is on file with the City Engineer and is incorporated herein by reference, is accepted. 3. That the City accepts the dedications shown on the Final Map. 4. That the City Clerk is authorized to sign the Certificate of Acceptance on the Final Map. f 5. 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. 6. 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. 7. That the Mayor is directed to sign the agreement entitled “Petition, Waiver and Consent to Creation of a Facility Fee Program and Agreement to Pay Fair Share Cost of Aviara Parkway and Poinsettia Lane.” 8. That the Mayor is directed to sign the Grant Deed granting Aviara Land Associates Limited Partnership, a Delaware Limited Partnership, a portion of the real property within the Aviara Park site. 9. The City Clerk is authorized to replace Exhibit “A” of the Parks Agreement between 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 28 the City of Carlsbad and Aviara Land Associates Limited Partnership and to replace the plat illustrating the legal description for the park site. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the day of 3rd June , 1997 by the following vote, to wit: AYES: Council Members Lewis, Finnila, Nygaard, Kulchin, and Hall NOES: None ABSENT: None ATTEST: ALETHA L. (SEAL) RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 SPACE ABOVE THIS LINE FOR RECORDER’S USE ASSESSOR’S PARCEL NO. 215040-19,24 & 25 215-080-24 For legat description see attached Exhibit “A” 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 (“AGREEMkNT”) A. WHEREAS, the undersigned Property Owner is processing for development within the City of Carlsbad (“City”) a development project known and identified as Aviara Phase III, Carlsbad Tract 92-03 (“Project”), more particularly described on Exhibit ‘A” attached hereto and by this reference made a pa’rt hereof, and, 1.: B. WHEREAS, City hasdetermined 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 et seq, any combination thereof, or otherwise; and 1 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 19 requires a guarantee for the construction of a segment of 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, the Project’s tentative tract map was approved pursuant to ._ ,.;, j : ,. * A&‘, . . I;.:‘_ +&$,$:.” ,. j: Planning Commission Resolution No. 3577’and C@Council Resolution No. 96-273, ‘i and said tentativetract ma.6 was revised pursuant to Planning Commissjon Resolution No. 3947 and City Council Resolution No. 96-273; and 4. >. : H. WHEREAS, condition number 6 (as that condition relates to the funding and construction of Aviara Parkway and Poinsettia Lane) of the tentative tract map ._:’ approved for the Project, pursuant to Planning Commis&on Resolution No?$577, : ,* :.’ J.” requires Property Owner to provide for the construction of certain public’improvements _: .’ including a sectioii’of Poinse& Lane; anti >I:.’ , ,i; ‘,: . . 9 .,,;‘e,;;; I. WHEREAS, compliance’with~the~appli&ble’Local Facilities Management L. Plan for Zone 19 and the tentative map conditions:for the Project is a condition of : . . . ,,.:.i ,,. ,, L j.“.. ” approval for the final map for the Project; and J. WHEREAS, City and Property Owner desire to agree to a guarantee which insures the project’s fair share of the financing for the improvements described in Paragraph 1 herein that will allow Property Owner to proceed with the processing of a final map and development of the Project in advance of the formation of a Fee Program for the construction of Aviara Parkway and Poinsettia Lane; and I 2 K. WHEREAS, City Council agrees that Property Owner, upon entering into this Agreement and upon contribution of the fair share described herein, has met the requirement set forth in the Local Facilities Management Plan for Local Facilities Management Plan Zone 19 and related tentative map condition number 6 (as that ~ condition relates to the funding and construction of Poinsettia Lane) for Project to provide a financial guarantee for the construction of those improvements described in Paragraph 1 below; and L. WHEREAS, Property Owner voluntarily enters into this Agreement; and M. WHEREAS, the City Council has determined that due to the size of the Project, there will be no major impact on the circulation system at the present time if d development of the Project is allowed to proceed with sufficient financial guarantees for actual construction to meet Property Owner’s fair share of the circulation improvements, f$qW, THEREFORE, in consideration of proceeding with the processing of the Project, theundersigned Property Owner hereby agrees;waives and consents as follows: 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 Aviara Parkway from Poinsettia Lane to Palomar Airport Road and Poinsettia Lane from Aviara Parkway to El Camino Real (Aviara Parkway and Poinsettia Lane) The improvements proposed for inclusion include full width 3 rading for an 82-foot wide major arterial roadway within a 02-foot wide road right-of-way, with related drainage improvements, and two 18-foot wide paved travel lanes, median curbs along both edges of a raised unimproved median strip for Pornsettia Lane from Aviara Parkway to El Camino Real and Aviara Parkway from Poinsettia Lane to Palomar Airport Road, all built to City of Carlsbad major arterial standards. 3 - 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 ,;t,,. .* ,’ .i .’ participation in all phases of the establishment’of Pee 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 Aviara Parkway and Poinsettfa Lane. b 3’. I “3 4. a.) Property Owner agrees to contribute to City its fair share for the improvements described in Paragraph 1 above. Property Owner’s fair share I,’ ; ‘. contribution to said improvements are hereby established to be the construction of ‘I Poinsettia Lane tomajor arterial standards within the boundaries of the Project. 4. b.) Prior to the recordation of a final. map for any phase or phases ._. _.II:e, “1’ j _,:__!A .: within the Project, Property: Owner snali: submit a secured agreement for the construction of the improvements in accordance with subparagraph 4 c) below. 4. c.) Property Owner is obligated by condition 4 of the tentative tract map revision approved for the Project, pursuant to Planning Commission Resolution No. 3947, to construct the portion of Poinsettia Lane within the boundaries of the Project. The portion of Poinsettia Lane within the boundaries of the Project is within the Fee Program and represents Property Owner’s fair share contribution for the improvements described in Paragraph 1. No further contribution is due from Property I 4 Owner and no reimbursement will be due to the Property Owner for the construction of said improvements. 4. d.) The submittal of a secured agreement for the construction of the ~ improvements, the construction of the improvements by the Property Owner, the acceptance of the improvements by City Council, 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 1 ,i ,: .’ z:i _, Management Plan for Zonel9 and the revised”Tentative~Subd/vision Map CT 92-03 :. condition number 4 pursuant to Planning Commission Resolution No. 3947 (as that condition relates to the funding and construction of Aviara Parkway and Poinsettia J Lane). 5. Property Owner acknowledges that this Agreement to contribute its _‘: .j fair share for the improvements is voluntary and that without this AgreementProperty Owner may be’precluded from obtaining final map approvals or thildhg and other ,>, : development permits under thf?;provisions for the General Pran, Chapter 21.90 of the i 2,: ,‘, Carlsbad Municipal Code, applicable zone plan,, financing plans and related documents until a satisfactory financing program has 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. 7. This Agreement does not affect, in any way whatsoever, the obligation of Property Owner to pay any other fees or assessments associated with 5 - 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 19 or placed upon Tentative Map CT 92-03 by the City. 8. Upon completion of construction and City Council’s acceptance of the improvements described in Paragraph 4c above, 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 provision of paragraph I:.,:,. ,.:_:i__ i’ s .,.;. 14 below. ,I.’ x”, _;_ ._’ .:. !: 9. ‘, Compliance with this Agreement will be accepted by City as an alternate to the method described in the current Local Facilities Management Plan for 1 Zone 19 for financing the improvements described in paragraph one (1) above. This Agreement does require City to issue building permits or other development permits or grant approvals or relieve Property Owner of the obligation ‘tocomply with all applicable provision of law, including but not limited to Carlsbad Municipaf Code Titles 18, 19, 20 and 21. .I,‘, ,’ ‘\ 10. Compliance wit~:the’Ijro\lisionsd~~this Agreement is a condition of .., all future discretionary approval for’the Project. If Property &vner 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 19 and all subsequent discretionary approvals and permits for the Project shall be withheld by City. 11. 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. 6 12. City shall not, nor shall any officer or employee of City, be liable or responsible for any loss or damage insured 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. 13. This agreement and the covenants contained herein shall be :_ ,.:, ” , ,J:& ; jr, jj;:: ‘; ;_ ,,_ >. ,.’ binding upon and inure to the benefit of the successors, heirs, assigns, and transferees ,‘;‘: : f;;: f yt& .j. ,G, _, i:ji.; of Property Owner and City, and run with the real property and create an equitable _. servitude upon th,ei real property. 14. All notices provided for under this Agreement shall be’in writing and 4 .‘. .I_ * shall be delivered in person or served by certified mail postage prepaid, D&very of _, notice to Property Owner shall be presumed to have been made on the da&of mailing ‘:; ‘j, regardless of receipt by Property Owner. ,.::‘“yj Notices requfred to be given to Property :)’ ._s ,. .: pg.: % I_, Owner shall be addressed as follows; > ,g‘; j,>< d’.:;i ‘:.i(: i, .’ ! . . &$., Mr. Larry Clemens ,a AVIAkYLAi;iD ASSOCIATES ” ,... “,&&:& 20-l 1 PalomarAirpo$ Road@~1te206 Carlsbad, CA 92909 .r: 3, ::: , 3. ‘, . 1 ,;c.,,‘-3T!‘i i’i ;: Notices to the City shall be delivered’to theifollotiing: 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. 15. 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 I 7 - 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 14 above, all obligations, benefits and responsibilities of this agreement shall move to the new owner of the real property which comprises the Project. it is and 16. The undersig~~~~;,enti~~~~~~~states, under penalty of perjury, that ;;: ,: ‘;,:,.‘::.&.’ ;_ ,. i ’ .!>:;.I [EC ,I . . -* ;_I_ i ’ :’ the owner of the property descht%d f&rein; or an authorized agent of the owner, . . .>; & :j_ ;. y:. 1 ;:..;::* ::_ :; 5,;: . . i. : ,iii * .‘<L. iii.i .: _ .,_ 1. :.,( .: ~;~;*Fx. :. :: .: ^^ _i ‘. ._^_.t i&i>, ; ,: >& 5,’ ,,:. : ; :: .;;+;~>Id;::-:; j: ,,;,., ‘^ ::il i.,.. : : :ii :‘~l I .,“, / has the authority to sig,n ,&& document i~~~?&~$the creati+ df the covenants herein. Executed this 23 _ day of May _ ,1997. PROPERTY OWNER: Aviara Land Associates Limited Partnership, a Delaware Limited Partnership :‘;4.” ,j ,$,< CITY OF CARLSBAD, a Municipal Corporation of the State of California AVlARA LAND COMPAN’i::;:: .. RE CORPORATION,” D. Larry Clemens Assistant Secretary (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 corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Amy By 1 &--==k City Attorney6 . ./ 7 9 7. 8 EXHIBIT “A” LEGAL DESCRIPTION That certain real property located in the County of San Diego, California, described as ; follows: The east half of the southeast quarter of Section 22, the north half of Section 27, all in township 12 south, Range 4 West, San Bernardino meridian, in the City of Carlsbad, County of San Diego, State of California, according to official plat thereof, as shown on record of Survey No. 10774, recorded in the office of the San Diego County Recorder, October 30, 1986, as file no. 86-494180 of official records. Excepting therefrom all that portion of the east half of the southeast quarter of said ~ Section 22, conveyed to the City of Carlsbad by that certain grant deed (Park Site), ~ recorded in the office of the San Diego County Recorder, June 29, 1989 as File no. 89- 345769 of official records. Also exception therefrom all those portions of the north half of said Section 27, lying within those maps known as City of Carlsbad Tract 85-35, Aviara Phase I, Units A, B, C, D and E, according to maps thereof nos. 12409,12410,12411,12412 and 12413, respectively, filed June 29, 1989. Also excepting therefrom all that portion of said Section 27 lying westerly, southwesterly and southerly of the easterly, northeasterly and northerly line of that certain ‘easement deed for public street purposes to the City of Carlsbad, recorded in the office of the San Diego County Recorder, June 29, 1989 as file no. 89-345765 of official records, said streets known as Alga Road and Poinsettia Lane. Also excepting therefrom the east half of.the northeast quarter of the northwest quarter and the west half of the northwest qua&of the northeast quarter of Section 27, Township 12 south, Range 4 west, San Bernardino meridian, in the City of Carlsbad, County of San Diego, State of California, according td; the official plat thereof. Also excepting therefrom all that portion of said north half of Section 27 lying westerly of a line described as follows: Beginning at a point on the northerly line of said Section 27, distant thereon north 86” 58’38” West 659.33 feet (record north 87”51’100” West 659.33 feet) from the north quarter corner thereof, as shown on said record of Survey Map No. 10774; thence along the boundary of said Record of Survey Map No. 10774, south O”06’50” West 1340.75 feet to an angle point therein; thence south 87O29’59” East (record south 87” 30’08” east) 372.00 feet; thence leaving said boundary south 2°30’01” west 326.73 feet to a point on the northerly line of Alga Road as described in the herein above mentioned easement deed to the City of Carlsbad, and being the point of terminus. - Also excepting therefrom that portion of Section 27, Township 12 South, Range 4 West, San Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of California according to Official Plat thereof (PA 23), being more particularly described as follows: Beginning at the most Northerly corner of Lot 90 of City of Carlsbad tract 85-35 Phase I Unit “B” recorded June 29, 1989 as Map No. 12410 as file 89-345851; thence along the northwesterly line of said Lot 90 the following: South 41’42’13” West, 150.00 feet; thence South 47O34’25” West, 401.34 feet; thence South 40 13’00” West, 100.00 feet, to the beginning of a tangent 25.00 foot radius curve concave to the North; thence Westerly along the arc of said curve through a’central.angle of 80°00’OO” a distance of 34.91 feet to a point on the northerly right of way line’of Alga Road as described in deed recorded June 29, 1989:,&s file No. 89-34575 ofofficial records; thence leaving said northwesterly lot lin,e,and continuing along said northerly right of way line the following: North 59O47’90” West; I ,I 16.33 feet to ttiesoutheasterly corner of lot 25 of City of Carlsbad Tract 99-15-l ;-Planning Area 24 unit No. Ijrecorded September 17, 1992, as Map No:.; f2969 as file no. 92-591489; thence northerly along the east line of said lot 25 North 20”28’51” East, 326.91 feet to a point on the Northerly line of Record of Survey 10774 as file din the office of the Coynty of San Diego October,30, 1986; thence along said Northerly line the following: South,87”30’08” East, 290.97 feet; thence South 87”2’14” East, 662.56 feet; thence North OO”12’09” West, 54142 feet to a point on the Northerly line of SDG&E easement as described in deed recorded October 16, 1956 in book 6301, page 162 of official records; thence leaving said Northerly Record of Survey line and along said northerly easement Ii@ South 48O17’47” East, 657.01 feet to the.POlNT OF BEGINNING. > ,,..I s__: :: ; :‘I .’ :. .:.i,: ‘,._ I ; .,:;: :_: % ‘::: .:, ,:+ > ,,‘, ,._ .5.,:‘.’ .“% ,,, ,,_, .; ,’ ,;, ; ,, ,. ‘1 ~I,$~‘,‘:, ‘2: :::rj;“,,, _, .,;$ ‘_I ,, .‘_ 2’ .:>;,;+,, ,“1~~,~1~~~ ‘YC : ,i,.l,:‘ * ..i_^ i :::*,: :4,- ,;:,;,g$:r i, ‘,_ $‘.I. :,;.“‘*,! :;,;:y ‘\_ i : ^_ ^ :‘,, ^ $, : : :,i*’ ‘_ :‘;,’ .,* j/b : ( : : _1 ,..’ .w?l:;jJ : : _,_ ‘_ ~; :_> :<t _ z ;:::: : >.> ., . . .._i A,, ‘1_,.’ .I ,2 <.:’ :” _~ ~~,: _> .” . . ,;l.,: ,:t:: ‘_ b, 9 g ‘: Il.$..t:.‘j I j >>.> 10 STATE OF CALIFORNIA 1 }SS. COUNTY OF SAN DIEGO ) On Mav 23,1997 before me, Kathleen Anne Farlev, Notarv Public , personally appeared D.L. Clemens and Scsott Medanskv > personally known to me (or 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 the instrument. WITNESS my hand and official seal. Signature r: 8 F Ati PUWC - CALIFORNIA, . ’ RECORDING REQUESTED BY AND WHEN RECORDED, PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, California 92008 MAIL TAX STATEMENTS TO: EXEMPT ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: (x) City of Carlsbad, and The undersigned grantor(s) declare(s): Documentary transfer tax is $m Space above this line for Recorder’s Use Assessor’s Parcel No. 215-080-25 Project No. 8 Name ADJ 460 AVIARA PARK GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, City of Carlsbad, a Municipal Corporation hereby GRANTS to Aviara Land Associates Limited Partnership, a Delaware Limited Partnership the real property in the City of Carlsbad, County of San Diego, State of California as described in Exhibit “A” consisting of one page, attached hereto and made a part hereof. Exhibit “B” consisting of one page is attached for clarity only. DATED T&& 18 /997 b STATE OF CALIFORNIA COUNTY OF SAN DIEGO 1 l On June 19, 1997 before me, Karen R. Kundtz, Assistant City Clerk ------- (here insert name and title of the officer), personallyappeared Claude A. Lewis & Aletha L. Rautenkranz, personally known to me (m v) to be the person(s) whose name(s) Mare subscribed to the within instrument and acknowledged to me that-he/she/they executed the same in h&her/their authorized capacity(ies), and that by h&her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Title CITY CLERK) WITNESS my hand and official seal. N:!h4ASTERS\FORMS\GRNTDEED.FRM Rev. 06/19/95 - EXHIBIT ‘A’ LEGAL DESCRIPTION THAT PORTION OF SECTION 22 IN TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 22; THENCE ALONG THE EASTERLY LINE OF SAID SECTION 1. 2. 3. 4. 5. 6. 7. 8. NORTH OO”33’ 17” EAST SOUTH 00’33’ 17” WEST SOUTH 89”46’56” WEST NORTHERLY NORTHERLY NORTH 27’49’22” WEST NORTHERLY, EASTERLY AND SOUTHERLY NORTH 89”46’56” EAST 1757.20 FEET 122.65 FEET 673.40 FEET 28.24 FEET 27.08 FEET 46.87 FEET 175.47 FEET 615.45 FEET CONTAINS 2.03 ACRES MORE OR LESS. DALE A. DAVIS L.S. 5894 REG. EXP. 12-31-00 TO THE TRUE POINT OF BEGINNING; THENCE RETURNING ALONG SAID SECTION LINE ; THENCE LEAVING SAID EASTERLY SECTION LINE TO THE BEGINNING OF A NON-TANGENT 470- FOOT RADIUS CURVE CONCAVE WESTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 82”51’36” EAST; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 3’26’33”; TO A POINT OF COMPOUND CURVATURE WITH A 90-FOOT RADIUS CURVE CONCAVE WESTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 79O25’03” EAST; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 17”14’25”; THENCE TANGENT TO SAID CURVE TO THE BEGINNING OF A TANGENT 50-FOOT RADIUS CURVE CONCAVE EASTERLY, SOUTHERLY AND WESTERLY; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 201”04’39”; THENCE TO THE TRUE POINT OF BEGINNING. C:u.EliAL\I I3.wPRKPLAT1.LGl. SOlJWRLY LINE OF h+WM AGUA N..N&M a; & $ R is I A - 2539’03” Cl R=470.00’ L = 213.15’ I I --- @APff/C SCAM? t-=300’ RECORDING REQUESTED BY I AND WHEN RECORDED, PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, California 92008 MAIL TAX STATEMENTS TO: EXEMPT Space above this line for Recorder’s Use The undersigned grantor(s) declare(s): Documentary transfer tax is $o.oO ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and Assessor’s Parcel No. 2 15-080-24 Project No. & Name ADJ 460 AVIARA PARK encumbrances remaining at time of sale. ( ) Unincorporated area: (x) City of Carlsbad, and GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Aviara Land Associates Limited Partnership, a Delaware Limited Partnership hereby GRANTS to City of Carlsbad, a Municipal Corporation the real property in the City of Carlsbad, County of San Diego, State of California as described in Exhibit “A” consisting of one page, attached hereto and made a part hereof. Exhibit “B” consisting of one page is attached for clarity only. 23. /4m AVIARA LAND ASSOCIATES LIMITED / / PARTNERSHIP, a Delaware Limited STATE OF CALIFORNIA Partnership (Name of Company) COUNTY OF SAN DIEGO (here insert name and title oft personally appeared&L . cLgmEN5 , e officer), 3 2%‘07;r ~&v3!Y, personally known to me (vn the v) to be the person(s) whose name(s) -is/are subscribed to the within instrument and acknowledged to me that l-&she/they executed the same in hi&her/their authorized capacity(ies), and that by hi&her/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. I BY A ! --I q~ J (SignaM Name D. Larry Clemens (Type or Print) Title Vice President BY ’ (Signature) ’ Name Scott Medansky (Type or Print) Title Asst. Secretary (Type or Print) N:\MASTERS\FORMS\GRNTDEED FRM L(Y Lo1 lJ,JJ chmm. #101893a IlAW Muc - CALIFORNIA M-COUNTY 0 EXHIBIT ‘A’ LEGAL DESCRIPTION THAT PORTION OF SECTION 22 IN TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 22; THENCE ALONG THE EASTERLY LINE OF SAID SECTION 1. 2. NORTH OO”33’ 17” EAST 1634.55 FEET SOUTH 89”46’56” WEST 673.40 FEET 3. SOUTHERLY 184.9 1 FEET 4. SOUTH 15”24’06” WEST 65.2 1 FEET 5. SOUTHWESTERLY, WESTERLY 6. 7. 8. 9. 10. 11. 39. I I FEET WESTERLY 375.5 1 FEET NORTH 86”55’00” WEST 243.11 FEET NORTH OO”47’20” WEST 95.35 FEET NORTH 89” 18’06” EAST 583.66 FEET NORTH 44” 18’06” EAST 124.45 FEET NORTH 89”46’56” EAST 4.81 FEET - DALE A. DAVIS L.S. 5894 REG. EXP. 12-3 l-00 (‘ VUiAL!I I344”‘HKI? A r? Mil ; THENCE LEAVING SAID EASTERLY SECTION LINE TO THE BEGINNING OF A NON-TANGENT 470- FOOT RADIUS CURVE CONCAVE WESTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 82”5 1’36” EAST, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 22”32’30”; THENCE TANGENT TO SAID CURVE TO THE BEGINNING OF A TANGENT 25-FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 89”37’40” TO A POINT OF REVERSE CURVATURE WITH A 1801-FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 15”01’46” EAST THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 1 l”56’46”; THENCE TANGENT TO SAID CURVE TO THE WESTERLY LINE OF THE EAST l/2 OF THE SOUTHEAST l/4 OF SAID SECTION 22; THENCE ALONG SAID WESTERLY LINE ; THENCE LEAVING SAID WESTERLY LINE : THENCE ; THENCE TO THE TRUE POINT OF BEGINNING. , . . .,’ . SOU7HERLY LINE OF ~RANcHoAwAHm -EXH/B/T B’ I ‘1 \ \ AP/v Z/S-O&- 25 ---- ‘$‘@vj 1 ‘.?tYE Ift - - L ~89V8’06”E 583.6SJg a - LLr/LaA = 470.00’ = 184.91’ N15?4’06? 65.21’ A PM Z/t’- DBo- L+ W’LY L/NE Of E l/2 OF SE I\4 OF SEC. %’ A h I = 25-59’03” C] h Cl R = 470.00’ 2 L = 213.15’ 3 8’ 0 C-J I 4 I (8 ‘. (){ C)\ m k 122.65’ Q t ------ --- Gyf’/!Jf’H/c SCALE f-=300 ’ - T86y8,j3;w- - - - - - - - - - - - - - -. CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the deed or grant dated May 23, 1997 from Aviara Land Associates Limited Partnership--------------------- t0 the City of Carlsbad, California, a municipal corporation, is hereby accepted by the City Council of the City of Carlsbad, California pursuant to resolution No. 97-478 , adopted 01-l June 3, 1997 , and the grantee consents to the recordation thereof by its duly authorized officer. DATED: June 20, 1997 HiTE IT - DON’T SAY i: ! Date J-ID 1997 --~~_ -..- PRlNTf” IN USA 12/19/95(DA)JAS 310,4 10522.COR sv PARE EXHIBIT "A" THAT PORTION THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 22, ALL IN TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF AS SHOWN ON RECORD OF SURVEY NO. 10774, FILED IN THE OFFICE OF THE COUNTY RECORDER OCTOBER 30, 1986 AS FILE NO. 86-494180 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 22; THENCE ALONG THE EAST LINE OF SAID SECTION 22 NORTH 00'33'17" EAST, 1757.21 FEET TO THE TRUE POINT OF BEGINNING: THENCE LEAVING SAID EAST LINE SOUTH 89'46'56" WEST, 615.45 FEET TO THE BEGINNING OF A NON-TANGENT 50.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTHEAST, A RADIAL LINE TO SAID POINT BEARS NORTH 58'42'25" EAST: THENCE NORTHWESTERLY, WESTERLY AND SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 201'04'43" A DISTANCE OF 175.47 FEET: THENCE SOUTH 27'49'22" EAST, 46.87 FEET TO THE BEGINNING OF A TANGENT 90.00 FOOT RADIUS CURVE CONCAVE TO THE WEST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 17'14'25" A DISTANCE OF 27.08 FEET, TO THE BEGINNING OF A COMPOUND 470.00 FOOT RADIUS CURVE CONCAVE TO THE WEST, A RADIAL LINE TO SAID POINT BEARS NORTH 79'25'03" EAST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 25'59'03" A DISTANCE OF 213.15 FEET; THENCE SOUTH 15'24'06" WEST, 65.21 FEET TO THE BEGINNING OF A TANGENT 25.00 FOOT RADIUS CURVE CONCAVE TO THE NORTHWEST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 89'37'40" A DISTANCE OF 39.11 FEET, TO THE BEGINNING OF A REVERSE 1801.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTH, A RADIAL LINE TO SAID POINT BEARS NORTH 15'01'46" EAST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 11'56'46" A DISTANCE OF 375.51 FEET; THENCE NORTH 86'55'00" WEST, 243.11 FEET TO A POINT ON THE WESTERLY LINE OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 22; THENCE ALONG SAID WESTERLY LINE NORTH 00'47'20" WEST, 95.35 FEET; THENCE LEAVING SAID WESTERLY LINE NORTH 89'18'06" EAST, 17.66 FEET TO A POINT ON THE WESTERLY LINE OF THAT LAND CONVEYED TO THE CITY OF CARLSBAD (PARE SITE) AS DESCRIBED IN DEED RECORDED JUNE 29, 1989 AS FILE NO. 89-345769 OF OFFICIAL RECORDS; THENCE ALONG THE WESTERLY AND NORTHERLY LINE OF SAID LAND THE FOLLOWING: NORTH 19'52'40" EAST, 92.87 FEET: THENCE NORTH 45'10'21" WEST, 54.44 FEET; THENCE NORTH 13'28'04" EAST, 60.92 FEET; THENCE NORTH OO"22'40" WEST, 320.06 FEET: THENCE SHEET 1 OF 2 SHEETS Exhibit 6 22 NORTH 12"18'08" WEST, 92.73 FEET: THENCE NORTH 50'59'09" EAST, 201.72 FEET; THENCE NORTH 14'03'08" WEST, 251.49 FEET: THENCE SOUTH 89'28'38" EAST, 322.56 FEET; THENCE SOUTH 00'43'00" EAST, 121.67 FEET; THENCE SOUTH 49'41'33" WEST, 50.16 FEET; THENCE SOUTH 10'13'08" WEST, 45.76 FEET: THENCE SOUTH 34'30'47" EAST, 34.62 FEET: THENCE SOUTH 62"22'17" EAST, 25.68 FEET; THENCE SOUTH 19"35'24" WEST, 109.22 FEET: THENCE NORTH 75'32'32" EAST, 110.78 FEET; THENCE NORTH 35'50'10" EAST, 100.96 FEET; THENCE SOUTH 82'53'54" EAST, 31.50 FEET: THENCE NORTH 56"01'44" EAST, 225.45 FEET; THENCE NORTH 43'54'35" EAST, 93.91 FEET: THENCE NORTH 73"18'15" EAST, 133.35 FEET; THENCE SOUTH 89'28'38" EAST, 136.29 FEET: THENCE SOUTH 52'45'54" EAST, 325.72 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 22; THENCE ALONG SAID EAST LINE SOUTH 00'33'17" WEST, 539.21 FEET TO THE TRUE POINT OF BEGINNING. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 24.25 ACRES MORE OR LESS. Prepared by: P&D lPECBNOLOGIES DALE A. DAVIS L.S. 5894 LIC. EXPIRES 12-31-96 SHEET 2 OF 2 SHEETS , l I Tuesday 3 June., 1997 10 AB H4.194 Approval of final map for CT 92-3 (A) Aviara Phase III, District 1 My name is Guy Moore and I live at 6503 El Camino Real, Carlsbad, Ca. .92009. Dear Mayor and members of the Council: I would like to recommend disapproval of this map for the following reasons. First: It is not in conformance of the Bridge and thoroughfare Dist.#2 boundary map which states under note #I ,“the alignment of Poinsettia Lane shown in Zone 21 was only used for cost estimating purposes. The actual alignment in Zone 21 will be determined at a later date”. Second: The map you are approving sets only one terminal of Poinsettia Lane. That fact, together with the previous Council act of adopting alternate “B”, completely negates Note one. Third: To process this act on the consent calendar is denying the public notice and an opportunity to protest the location issue. Fourth: The use of bloated cost estimates on alternate “B” destroys the validity of the cost estimates of bridge and thoroughfare District tW0. .inf?TErn ErJT pBf+D By MR* rwQ@f #T e/3/q 7 . tiUrJClL rYi%mNC foQ FT&m Y/O- June 9, 1997 Attention: Mr. Larry Clemens Aviara Land Associates 2011 Palomar Airport Road, Suite 206 Carlsbad, CA 92009 Re: Final Map - CT 92-3(A) - Aviara Phase III - Unit 1 The Carlsbad City Council, at its meeting of June 3, 1997, adopted Resolution No. 97-478, approving the Final Map for Carlsbad Tract No. CT 92-3(A), Aviara Phase III - Unit 1. As a courtesy, enclosed is a copy of Resolution No. 97-478 for your files. s&MC Assistant City Clerk KRKijp Enclosure 1200 Carlsbad Village Drive - Carlsbad, California 92008-1989 l (760) 434-2808 @ June 19, 1997 Gregory J. Smith San Diego 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 Cost of Aviara Parkway and Poinsettia Lane CT 92-3 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. KRK:ijp Enclosure 1200 Carlsbad Village Drive - Carlsbad, California 92008-l 989 - (760) 434-2808