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.
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Exhibit 2 q
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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
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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
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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
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E. WHEREAS, Property Owner desires to proceed with processing of the
Project prior to City determination of the form or establishment of Fee Program; and
F. WHEREAS, the Local Facilities Management Plan for Zone 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
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approved for the Project, pursuant to Planning Commis&on Resolution No?$577, : ,* :.’ J.” requires Property Owner to provide for the construction of certain public’improvements _: .’
including a sectioii’of Poinse& Lane; anti >I:.’ , ,i; ‘,: . . 9 .,,;‘e,;;;
I. WHEREAS, compliance’with~the~appli&ble’Local Facilities Management
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Plan for Zone 19 and the tentative map conditions:for the Project is a condition of : . . . ,,.:.i ,,. ,, L j.“..
” approval for the final map for the Project; and
J. WHEREAS, City and Property Owner desire to agree to a guarantee
which insures the project’s fair share of the financing for the improvements described in
Paragraph 1 herein that will allow Property Owner to proceed with the processing of a
final map and development of the Project in advance of the formation of a Fee
Program for the construction of Aviara Parkway and Poinsettia Lane; and
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K. WHEREAS, City Council agrees that Property Owner, upon entering into
this Agreement and upon contribution of the fair share described herein, has met the
requirement set forth in the Local Facilities Management Plan for Local Facilities
Management Plan Zone 19 and related tentative map condition number 6 (as that
~ condition relates to the funding and construction of Poinsettia Lane) for Project to
provide a financial guarantee for the construction of those improvements described in
Paragraph 1 below; and
L. WHEREAS, Property Owner voluntarily enters into this Agreement; and
M. WHEREAS, the City Council has determined that due to the size of the
Project, there will be no major impact on the circulation system at the present time if d
development of the Project is allowed to proceed with sufficient financial guarantees for
actual construction to meet Property Owner’s fair share of the circulation improvements,
f$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.
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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
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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
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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
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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
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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.
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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
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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.
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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.
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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 >>.>
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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