HomeMy WebLinkAbout1999-12-07; City Council; 15522; APPROVAL OF AN AQUISITION/REIMBURSEMENT AGMT FOR THE CONSTRUCTION OF CARLSBAD BLVD, THE ACQUISITION OF PROPERTY ALONG POINSETTIA LN, AND APPROPRIATING ADDITIONAL FUNDS FOR CT 97-22, POINSETTIA PA 8. .
iB# 15,522
ulTG. 12/07/99
IEPT. ENG
WI I’ OF CARLSBAD -AGENDA tdL
TITLE. -- APPROVAL OF AN
ACQUISITION/REIMBURSEMENT AGREEMENT FOR THE
CONSTRUCTION OF CARLSBAD BOULEVARD, THE
ACQUISITION OF PROPERTY ALONG POINSETTIA LANE,
AND APPROPRIATING ADDITIONAL FUNDS FOR CT 97-22,
POINSETTIA PROPERTIES PLANNING AREA 8
CITY MGR.-
RECOMMENDED ACTION:
Adopt Resolution No. 99-513 approving an Acquisition/Reimbursement Agreement (Agreement) with Shea Homes for the purchase of City fee title property along Poinsettia Lane, the construction of Carlsbad Boulevard to the north and south of Poinsettia Lane, and appropriating additional funds to cover reimbursement for construction of Carlsbad Boulevard.
ITEM EXPLANATION:
lmorovements and Reimbursement
Fieldstone Communities (Fieldstone) and Shea Homes (Shea) are in the process of preparing final maps for Poinsettia Properties CT 99-02, Planning Area 7 (PA 7) and CT 97-22, Planning Area 8 (PA 8). The tentative map for PA 7 was previously approved by City Council on August 3, 1999, pursuant to City Council Resolution No. 99-276. The tentative map for PA 8 was previously approved by City Council on June 8, 1999, pursuant to City Council Resolution No. 99-210. Included in these approvals are engineering conditions of approval which obligate both Shea and Fieldstone to install standard improvements to Carlsbad Boulevard along their respective project frontages.
Pursuant to engineering staff recommendation and City Council authorization, Carlsbad Boulevard, along the PA 7 and 8 frontages, shall be realigned further to the east so that the City can recover additional usable property along the west side. Since Carlsbad Boulevard is being realigned, and since both Shea and Fieldstone are conditioned to improve Carlsbad Boulevard, Shea and Fieldstone will be constructing improvements which, because of the realignment, are outside of their respective subdivision frontage limits. The City views these improvements as a benefit to the public and as such agree that Shea and Fieldstone are entitled to reimbursement for this realignment.
Shea and Fieldstone have been working with City engineering staff to formulate an agreement which provides for these improvements and subsequent reimbursement. Shea has agreed to take the lead for completing the construction of the improvements to Carlsbad Boulevard for their and Fieldstone’s projects. Therefore, the agreement only provides for reimbursement to Shea. Shea and City staff have determined which improvements are eligible for reimbursement and which are the obligation of Shea (see attached Exhibit 5).
Propettv Acouisition
To facilitate the construction of PA 8, Shea must acquire City fee owned real property along the PA 8 northerly project boundary and Poinsettia Lane (see attached Exhibit 4). Shea must acquire this real property from the City to be in conformance with their conditional tentative map.
Shea and City staff have been working together to determine how the property transaction would occur. Rather than establishing an escrow account and having Shea actually pay for the property with a transfer of cash, both Shea and City staff have agreed to include the payment for the real property as part of the reimbursement for the above mentioned Carlsbad Boulevard realignment and improvements. Therefore the fair market value price of the property, as determined by an MAI appraiser, shall be deducted from any reimbursement due Shea for the Carlsbad Boulevard improvements.
The City shall transfer this real property to Shea by grant deed which conveys fee title absolute. The grant deed shall be approved by the City Council. The City Clerk shall execute and record the grant deed.
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Page 2 of Agenda Bill No. I-, 522
Prooertv Acouisition - General Plan Consistency
For the City to be able to convey real property, in accordance with Government Code §65402, the City Council must find that the conveyance is in conformance with the City’s General Plan (GP). The City Council approved the Poinsettia Properties Specific Plan (SP) in 1998. In so doing, City Council made the finding that the SP implemented the City’s GP and is consistent with the GP’s goals, objectives and policies. This finding was based on, among other items, the fact that the SP expressly provides for the provision of Poinsettia Lane, a Circulation Element roadway and the relinquishment of excess City fee owned real property adjacent to Poinsettia Lane that previously functioned as excess public right of way. Based upon these express provisions in the SP, the
SP does implement and is consistent with the GP.
Environmental review was previously conducted for PA 7 and PA 8. Both projects are in conformance with applicable policies of the Certified Local Coastal Program regarding sensitive
coastal resources. As such, City Council approved Coastal Development Permits (CDP’s) for each project. CDP 97-55 was approved for PA 7 on August 3, 1999. CDP 99-03 was approved for PA 8 on June 8,1999.
FISCAL IMPACT:
The total estimated cost for the realignment and improvement to Carlsbad Boulevard along the PA 7 and 8 frontage is $3,312,538. For purposes of reimbursement, costs are separated into two areas based on the new realigned centerline of Carlsbad Boulevard, as follows:
,_ i ; :;I’ fAwa ‘: ’ ,: ‘, Obllgatlon ”
East of new centerline Shea
West of new centerline City
Real property acquisition Shea
1‘s 1 ” ‘,Egti&ted g;rilouj$t:, j’ ;I : :r
$2,244,715
$1,162,262
$154,000
The City shall deduct the $154,000 sale price for the real property from the reimbursement amount, bringing the estimated reimbursement to $983,262.
Presently, the Council has appropriated $900,000 in Gas Tax funds for the realignment of Carlsbad Boulevard. An additional appropriation of $200,000 from the General Fund balance is required to
pay for the reimbursement.
EXHIBITS:
1. Location Map.
2. Resolution No. 99-5 13 Acquisition/Reimbursement Agreement with Shea Homes for the realignment and construction of Carlsbad Boulevard and the acquisition of City fee owned property along Poinsettia Lane.
3. Carlsbad Boulevard Acquisition/Reimbursement Agreement (with attachments/exhibits).
4. Property Acquisition Exhibit.
5. Carlsbad Realignment/Improvement Obligation Exhibit.
6. Grant Deed (with attachments/exhibits).
CITY OF 0
PROJECT NAME POINSETTIA PROPERTIES pNF$Od;KR’ EXHIBIT
P.A.7iCT99-02) & P.A.8(CT97-221 ~{$;I$$ 1
IWN BY SCOTT EVANS, CARLSEAD ENGINEERING DEPT. 3
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING ACQUISITION/REIMBURSEMENT AGREEMENT WITH SH:: HOMES FOR THE REALIGNMENT AND CONSTRUCTION OF CARLSBAD BOULEVARD THE ACQUISTION OF CITY FEE OWNED PROPERTY ALONG POINSETTIA LANE AND APPROPRIATING ADDITIONAL FUNDS FOR CT 97-22, POINSETTIA PROPERTIES, PLANNING AREA 8.
WHEREAS, Shea Homes (Shea) and Fieldstone Communities (Fieldstone), in accordance
with conditions of approval for Carlsbad Tract 97-22, Poinsettia Properties, Planning Area 8
(PA 8) and Carlsbad Tract 99-02, Poinsettia Properties, Planning Area 7 (PA 7) are obligated
to realign and improve Carlsbad Boulevard (Improvements) along their respective project
frontages; and
WHEREAS, Shea has agreed to take the lead on completing the Improvements for the
Shea and Fieldstone frontages; and
WHEREAS, by completing the Improvements, Shea will be conducting work outside their
frontage requirement for the benefit of the public; and
WHEREAS, Shea is requesting that City Council approve the Acquisition/Reimbursement
Agreement (Agreement) for reimbursement for these Improvements; and
WHEREAS, Shea desires to begin construction of Improvements in fiscal year 1999-2000;
and
WHEREAS, an additional $200,000 is required to fund the reimbursement; and
WHEREAS, Shea must acquire City fee owned real property to be in conformance with
their approved tentative map; and
WHEREAS, the acquisition of this real property was contemplated in the Poinsettia
Properties Specific Plan (SP), which PA 8 is apart ot and
WHEREAS, Shea shall acquire this real property at fair market value as determined by an
MAI appraiser; and
WHEREAS, by previously approving the SP, City Council made the determination that this
real property acts as excess right of way for Poinsettia Lane and as currently exists is not of any
benefit to the public; and
WHEREAS, the relinquishment of this real property will result in approximately 15,504
square feet of land being returned to the tax rolls and thereby benefit the public; and
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WHEREAS, this real property provides no public purpose, would not be useful as a
non-motorized transportation facility or provide usable access to adjoining properties; and
WHEREAS, this real property has not been maintained as a public right of way for a
period of five years or more; and
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 the Acquisition/Reimbursement Agreement by and between Shea Homes and
the City is hereby approved and the Mayor is authorized to sign said agreement on behalf of the
City;
3. That pursuant to Streets and Highways Code $8334, this fee title real property has
acted as excess right of way and is not required for street purposes and is hereby relinquished;
4. That the Mayor is hereby requested and authorized to sign the deed relinquishing
said real property on behalf of the City;
5. That the City Clerk is hereby directed to record the grant deed in the Office of the
County Recorder, San Diego, California;
6. From the date that the deed is executed by the Mayor this real property acting as
excess right of way no longer constitutes public land; and,
7. That the Finance Director is hereby authorized to transfer $200,000 from the
General Fund balance to the General Capital Construction fund and appropriate this amount to
the project account.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
held on the 7th day of DECEMBER , 1999 by the following vote, to wit:
AYES;5Council Members s, Hall, Finnila, Nygaard, Kulchin
27 ATTEST: II
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(SEAL)
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ACQUISITION AND REIMBURSEMENT AGREEMENT FOR POINSETTIA PROPERTIES
PLANNING AREAS 7 AND 8 FOR THE CONSTRUCTION OF
CARLSBAD BOULEVARD
This ACQUISITION AND REIMBURSEMENT AGREEMENT FOR. POINSETTIA
PROPERTIES, PLANNING AREAS 7 AN CONSTRUCTION OF CARLSBAD
BOULEVARD (“Agreement”), dated as , 1999, is made at San Diego County,
California, between SHEA HOMES L p, a California Limited Partnership
(“Developer”), and the CITY OF CARLSBAD, a municipal corporation of the State of California
(“City”), with reference to the following:
A. Developer is in t
Planning Area 8 (“P
indicated on Tentati
Commission, on A
City Council adopt
approved PA 8 o
C. Ten
No. 4526 require
PA 8 including 6
Tentative Map Con
requires Fieldstone to
including any necessary
Developer’s intent to ins
referred to herein as “lmpro
reimbursement from Fieldstone an
settia Properties : . omrntums as
e Planning
ido. 4526. The
pns and
rring a Final
onof 117
b nally
ons
cent to PA 7
r both PA 7 and PA 8
t Developer may obtain
y owners for any and all costs
Developer incurs as a result of this Agreement. Any such reimbursement would be by separate
agreement between Developer and the other property owner, and shall not affect City’s rights or
obligations except to the extent expressly stated in this Agreement.
D. Plans for the construction and installation of “Improvements” (“DWG 383-3”) are
being prepared by Developer and will be approved by the City Engineer and as such, are
hereby incorporated into this Agreement by this reference. All references in this Agreement to
the improvement plans shall include any specifications for the improvements as approved by
the City Engineer.
E. Developer shall have entered into a standard Development Improvement
Agreement securing the realignment and construction of Carlsbad Boulevard, and indemnifying
the City from any liabilities resulting therefrom, prior to the effective date of this Agreement.
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F. An estimate of the cost of constructing the public improvements according to the
improvement plans has been made by Developer and approved by the City Engineer. See
attached Exhibit A.
G. City and Developer acknowledge that Government Code Section 66485 allows the
City to require a subdivider to construct improvements benefiting property outside the
subdivision; but Section 66486 requires the City to enter into a reimbursement agreement for
such improvements. The parties intend that this Agreement satisfy the requirements of
Government Code Section 66486.
H. Engineering Condition of Approval 42 of Planning Commission Resolution No. 4526
indicates that City willenter into a reim
costs for the realignment and
I. The portions
herein as “Re h
herein as “Rei
N. City sh;
fee title absolute to
ment with Developer for its share of the
preliminary cost estimate
is for illustrative purooses on
reimburse the-City for thi
of the real property and
reimbursement due Developer from Ci
nsible are referred to
le Work is referred to
0. City paid for
;rant Deed
kl which conveys
$erty. Developer shall
added to the sale price
te om the total amount of
THE PARTIES AGREE:
NOW, THEREFORE, in consideration of the approval and authorization for recordation
of the final map for CT 97-22/PA 8 and CT 99-02/PA 7 by the City Council, Developer and City
agree as follows:
I. Developer Obligations
A. Developer shall be responsible for preparing DWG 383-3 and processing said plans
through City for approval. The cost of this preparation and processing work is included among
the costs shown in Exhibit A.
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B. Developer shall construct all improvements as shown on and in accordance with
DWG 383-3. This includes full traffic signal installation at the intersections of Carlsbad
BoulevardIPonto Road, and, the Carlsbad Boulevard/PA 7 entrance; and,
installation/modification of the traffic signal at the intersection of Carlsbad Boulevard/Poinsettia
Lane and the State Park Entrance.
C. Developer shall perform the work themselves or solicit bids from three reputable
contractors to perform the work, selection subject to City approval.
D. During the performance of any Reimbursable Work, Developer shall retain detailed
payment records for all items of Reimbursable Work, for use by City in auditing any subsequent
reimbursement requests by Developer,J
“Reimbursement Request”) shah
estimates, bids received
(front and back), lien rele
the completion and
the centerline of
and the traffic s
and Carlsbad
Boulevard and
uests for reimbursement (each, a
specifications, engineers cost
ent slips, canceled checks
red by City to evidence
F. De
for the entire r
G. De
H. Dev
completion of th;
pending completid
amount, are due to
constitutional objectio
Resolution No. 4526.
II. Citv Obliaations
yements east of
DWG 383-3)
Ponto Road
of Carlsbad
til requests
substantial
Fhount of work
held until such
; and all potential
Planning Commission
A. City shall be responsible for all costs of the improvements west of the centerline of
the newly constructed raised median on Carlsbad Boulevard (see DWG 383-3). The City also
shall be responsible for all costs of the traffic signal modification at the intersection of Carlsbad
Boulevard with Poinsettia Lane and the State Park Entrance, including the cost of intersection
reconstruction as described in Exhibits A and B.
B. City’s reimbursement obligations, as indicated on Exhibit’s A and B, shall be based
upon the actual costs incurred by Developer in performing the reimbursable work.
C. All Developer’s Reimbursement Requests will be processed and audited for City by
a reputable consulting engineer selected by City (“Auditing Engineer”). The costs of the Auditing
Engineer shall be paid directly by City.
D. The Auditing Engineer shall review all contracts for Reimbursable Work and the
payment records submitted in connection therewith, and shall within thirty (30) days after
receipt thereof issue to City and Developer a report either accepting Developer’s submittal or
specifying with particularity any reimbursement items or amounts not approved. Any
reimbursement items or amounts not approved by the Auditing Engineer or City may be further
pursued by Developer using the dispute resolution procedure herein. Any disputed payment
shall be made to Developer within thirty (30) days after resolution of a dispute.
E. Upon the Auditing Engineer’s determination on any Reimbursement Request, City
shall, within thirty (30) days thereafter, pay all undisputed Reimbursable Expenses to
Developer.
F. City shall be res
Fees are waived.
tion. Improvement Inspection
H. City sh
Developer’s resp
available.
I. IfD
permits necessa
he improvements
occur. Devel
Developer fro
property as appri
City’s Public Work!
B. The de
City Council. The
IV. Other Provisions
A. Disputes
;ted on Exhibit A.
i improvements.
r permits being
punder, City
fs on file at the
pproved by the
If a dispute should arise regarding the performance or interpretation of this
Agreement, the following procedure shall be used to resolve any question of fact or
interpretation not otherwise settled by agreement between parties. Such questions, if they
become identified as a part of a dispute among persons operating under the provisions of this
Agreement, shall be reduced to writing by an officer of Developer or by City’s Public Works
Director or designee. A party in dispute shall forward a copy of the documented dispute to the
other party. The documented dispute shall include recommended methods of resolution that
shall be of benefit to both parties. The Public Works Director, or Public Works Director’s
designee, or, officer of Developer receiving the documentation letter shall reply to the letter
along with their recommended method of resolution within ten (10) days. If the resolution thus
obtained is unsatisfactory to the aggrieved party, a letter outlining the dispute shall be
forwarded to the City Council for their resolution through the Office of the City Manager.
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The City Council may then opt to consider the recommended solution to the problem. In such
cases, the action of the City Council shall be binding upon the parties involved, although
nothing in this procedure shall prohibit the parties from seeking remedies available to them at
law.
B. Developer Not Agent of City
Neither Developer nor any of Developer’s agents or contractors are or shall be
considered to be agents of City in connection with the performance of Developer’s obligations
under this Agreement.
adequate warning t
improvements, whet
reasonable actions t
shall give good and
ndition present in
e, and will take all
by this agr
indicated h
E.
Developer’s rig
F. Captio
The ca
define, explain, modify:
any provision of this Agr
G.
ice.
nly and shall not
n or meaning of
The Recitals to this Agreement are hereby incorporated into the terms of this
Agreement.
H. Communication
Unless otherwise specifically provided herein, all notices, demands or other
communications given hereunder shall be in writing and shall be deemed to have been duly
delivered upon personal delivery, or by Federal Express (or similar reputable express delivery
service), or by facsimile transmission with back-up copy mailed the same day, or as of the
second business day after mailing by United States certified mail, return receipt requested,
postage prepaid, addressed as follows:
_-
If to Developer, to: Shea Homes Limited Partnership
10721 Treena Street, Suite 200
San Diego, California 92131
Telephone: (858) 549-3156
Facsimile: (858) 549-0112
Attention: Mr. Paul Barnes
With Copy to: Fieldstone Communities, Inc.
5465 Morehouse Drive, Drive 250
San Diego, CA 92121
Telephone: (858) 546-8226
If to City, to:
alifornia 92008
or to such 0th e others for
ned in this
s, successors
California and the parties a
resolution of any disputes arisin
t laws of the State of
nue and jurisdiction for
K. Exhibits
The following exhibits are attached to and by this reference incorporated into and
made a part of this Agreement:
A. Carlsbad Boulevard (DWG 383-3) Cost Estimate and Distribution of
Responsibility
L. Term
B. Reimbursement Apportionment Exhibit
C. Grant Deed
This Agreement shall be effective as of the date hereof, and shall terminate upon
the earlier of (1) the date that City fully reimburses Developer; or (2) January 1, 2005.
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_- A
M. Entire Aareement
This Agreement constitutes the entire agreement of the parties with respect to
the subject matter. All modifications, amendments, waivers or discharge of this Agreement
must be in writing and signed by the appropriate representatives of the parties.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first
I set forth above.
~ Owner:
SHEA HOMES Limited Partnership,
California Limited Partnershi
By: J.F. Shea Co., Inc.,
Corporation, General P
stant City Clerk
[Proper notary acknowledgmen
(Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant
treasurer must sign for corporations. Othewise, the corporation must attach a resolution
certified by the secretary or assistant secretary under corporate seal empowering the officer(s)
signing to bind the corporation.)
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907
State of California
County of g
On October 29, 1999 before me, Susan L. Trimingham, Notary Public
DATE
I
NAME, TITLE OF OFFICER - E.G., -JANE DOE, NOTARY PUBLIC
personally appeared Ryan Green and Greg Ponce
NAME(S) OF SIGNER(S)
&I personally known to me - OR - 0 proved-]
to be the person(s) whose name(s) is@
subscribed to the within instrument and ac--
knowledged to me that
the same in
capacity(ies),
signature(s) on
or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
OPTIONAL
SIGNATURE NOT V
c-3
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
0 INDIVIDUAL q CORPORATE OFRCER
Assistant Secretary
TITLE(S)
--
Acquisition and Reimbursement Agmt. for Poinsettia Parcels 7 & 8
TITLE OR TYPE OF DOCUMENT
0 PARTNER(S) 0 UMITED q GENERAL
0 AlTORNEY-IN-FACT
0 TRUSTEE(S)
8 ~;UWCONSERVATOR
8 + exhibits
NUMBER OF PAGES
cctober 29, 1999
DATE OF DOCUMENT
SIGNER IS REPRESENTING: Mayor of Carl&ad and
NAME OF PERSON(S) OR ENlIN(IES) Assistant City Attorney J.F. Shea&, Inc, general partner of -I SIGNER(S) OTHER THAN NAMED ABOVE Shea Homes Limited Partnership ~--~
81993 NATtONAL NOTARY ASSOCIATION 08236 Remmet Ave., P.O. Box 7194 l Canoga Park, CA 91309-7184
-
State of California )
) S.S.
County of San Diego )
On October 29, 1999, before me, Susan L. Trimingham, Notary Public, personally appeared Ryan
Green and Greg Ponce personally known to me to be the persons whose names are subscribed to
the within instrument and acknowledged to me that they executed the same in their authorized
capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of
which the persons acted, executed the instrument.
WITNESS my hand and official seal.
SUSAPJLlRMNGWM C-I 1124478
I NotayfUW--CalOmlQ I
-0kaocauldy commEwJbsMQ#mn
CERTIFICATE OF CORPORATE SECRETARY
OF J. F. SHEA CO., INC.
October 29,1999
I, James G. Shontere, Secretary of J. F. Shea Co., Inc., a Corporation created and existing under
the laws of the State of Nevada, do hereby certify and declare that the resolution set forth below is
a full, true and correct copy of the resolution duly passed and adopted by the Board of Directors of
said Corporation at a meeting held on October 29, 1999.
RESOLVED, that Ryan Green and Greg Ponce, Assistant Secretaries of the
Corporation, are hereby authorized to act alone, for and on behalf of this Corporation, on its own behalf or acting as general partner of Shea Homes Limited
Partnership, a California limited partnership, to execute any bids, contracts, bid
bonds, deeds, maps, plats or any other agreements or documents necessary for
the performance of such contracts, agreements and/or documents in relation to the
Poinsettia Properties Planning Areas 7 and 8 in Carlsbad, California.
IN WITNESS WHEREOF, I have hereunto set my hand and corporate seal this 29th day of
October 1999.
J. F. SHEA CO., INC.
&w co ‘+
cr’
f 5 m4fxlRmRATED l
(FJ
-•
*
MARC” 28,1956
*
%AQP
Jades G. Shontere
Secretary
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S5macrluMfm-~~r(Olm, V- i#m-d %mtm G-II SW vuy ~~-coI)F~ z$, YW5, de6Cribd u )olla~;
Para 1
CrrnnlnFtflQ 08 wwt 5cwlrcHy uwmdfum or-6 1s nr rnrwl .¶vc <.r
mu armin Obclxorr am* convcyoa-co~oH cwrq oc 5m ohqp rw rm:K*~
00--s IQ66 u w8b5QsNo. 1999~0 =aiid cwrF# NO. 3 Yvl* 0
MerLnQ ad dmenc6 of Noql 1eos*ao- west. 90.00 *et; wcnco along Lhe
rulnerly prolmgmcl8rl or 63td’course sourn 194’920” Emc pd.‘lS~mu M.
ucr~a-tt6uingd-Smun 7r01cQP wOas n5W me ktni) Swh o%~~~BQ**
Utt 29.7S WC from IJU! @lCWtherly linr of Potently Larr m-red along the
6aJmerly ocolmgstlon d sala eovrs No. 9: rnence saum PfPl6’JOU wc¶t
*Mi5.57 Rat-rortro -yitR ti. -ly lwltxf-lwy Dr tnc Atshiam,
Tap&81 cud SW Fr R~flroad Cot-n-, MM wint of ~~r~cct~on bany thn
.TRUE POINT OF SEGINNING iy)(~ b&q Ul5t6nt Sauth ZlT15ll” Emu 67.97
hmteanahm~lll~ -La--mbrvuurty
rl+tw tU ?rtid Ratko~d Company; tIyryo l IMQ said Wc~torly righeof-w \wY scwm 2fopl*sI- Eut D1.U 6?ct b 0 Ilrr *alIe wlvl v,b distant HAIKJrly
5t.8e~~-nr~~H(oLI,~~~lIlY8~)~
ud diitrwr of Snrul 7sOt9’35” Wwat lIS5.57 fsotg - woq w1u pwr11c1
\trd 60&h 76%~ERP wat 4sm. 13 fwr to yu lnURCcIIm wth thu oastarly
~ilm-dtnt~cliplwyw-ca~ucrc~iYrtnal-
or conbmnsflon !n supctsr aI% af m rug6 oa*ry cwl- 15sem rued Ln th oltica d pkr Cw Clcrls d ratd Counry. rhsr.a Olong mid ea=Culy 111~
m -tw WeM.zsf6ew*-f4cNn~6!~ ~496Air.aucc&
*u TRUE POINT OF OEElhlhJINS.
E~tk-lkarpoam- ~lwY6u6d~8ns~c
we u ~scrlbm In mt af0~mmmnaa Dirac8wlr 0eed -d60 Decmmbw SI,
1w a¶ fsb/goQ6 No. lMS\9.
Puod 2s
Ano-hnm cmQne~etuPev8wDanw *, -. +-vH -1 Ihrv.e
mr ~llmvln~ d6scrm6a -1 prqrcrcy wdur rim tha righta of vwerlr:w &ml
muMcnMce of 6Sld rlopes: EldlNNNlNG 08 tm southe66r~rly cdmr of @k
~~n8tmcuPara1 t: 8km#%-enp dufq HcwtUerly.lln, 04 kA8rhi-W.
-rgrrlca arld Santa Fc RPUrWd fhlp.hy rtgrK-o?-wy s&J* 1lYJ’35’5 I* E-It
S-20 bet; Vutnco 6a.1lt1 7Q~M’QV West SW290 feet 80 trU Lnt6r60ctlw1 *lzh w l aBterly Ifn o? WK ol5mmmteom#5mt5ui#w~ tiunm Dkme 6ew 6-u-b
llrm Norlil ltJ%iOl’)* wrrt 10.40 fuet: mcrrr NDrm 7001O’aw’ EerC 496.13 lkr to
8h6 palm d BEGINNING.
1s P-t
A toNtoov6y oa&?mnr far eanstn~oUon put-pars In. (1~0~. a-6 e
h-h the Collowrn~ LIQCCCMC~ real omt~~eQ+ IOQ&VW WI&h Icu rrghtc of in~rerm an l gF+La mcr6to bcunclee as follw:
011 tha nwm by Ihe awthsrly lwe d the l ~ommentlana Porcsl 1109 *c
asu Dy the uauorly rl#btT4%uDy UM or DOSd A8chlsm. TIxW~D is*u SmncO f’s
Rallm company, M 8he South b$ m ILM caarallC\ wilc1 ~dslan? 3xw311~riy
B5.00 f668 Ruprurml at riQh8 MQles td rhb carthcrly ICTla er *at ebremmotlan4
Pa,.eal 1 PM on @ha west by tlu ,m~toorly LLrV Of tha tiov-@fYW-$NWa St6t- ‘4lQW,y.
Th- above described tcmporrry eiaoment lOT cOn¶?rUCllon
~UI~OWS &I~JJ uccoma eUcctivc upon racordct(*n uf tl\l~ .-
dacuh~cnt ar.cl shmll termln\lto on Dcccmber ?I. C9?s.
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BEING A PORTION OF LOT 3 OF SECTION 29, TOWNSHIP 12 SOUTH, RANGE 4 WEST,
SAN BERNARDINO MERIDIAN, IN THE CITY OF SAN DIEGO, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED
OCTOBER 25, 1875, BEING FURTHER DESCRIBED AS A PORTION OF PARCEL 1 IN DEED
RECORDED AUGUST 21, 1974 AS FILE NO. 74-227601 OF OFFICIAL RECORDS, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID PARCEL 1; THENCE ALONG THE SOUTH-
ERLY LINE THEREOF
1. SOUTH 76"57'27" WEST 498.01 FEET
2. NORTH 19"07'17" WEST 26.41 FEET;
3. NORTH 76"54'03" EAST 181.50 FEET
4. EASTERLY 150.65 FEET
5. EASTERLY J48.78 FEET
6. NORTH 76"54'03" EAST 15.02 FEET
7. SOUTH 20"26'52" EAST 41.10 FEET
CONTAINS 0.356 ACRE MORE OR LESS.
LeG\1466EXA .Doc (10/22/99)
TO THE WESTERLY LINE OF SAID
PARCEL 1; THENCE LEAVING SAID
SOUTHERLY LINE AND ALONG SAID
WESTERLY LINE
THENCE LEAVING SAID WESTERLY
LINE
TO THE BEGINNING OF A TANGENT
1610.00 FOOT RADIUS CURVE CON-
CAVE TO THE NORTH, A RADIAL LINE
TO SAID BEGINNING BEARS SOUTH
13"05'57" EAST; THENCE ALONG THE
ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF
5'21'41" TO THE BEGINNING OF A
1590.00 FOOT RADIUS COMPOUND
CURVE CONCAVE TO THE SOUTH, A
RADIAL LINE TO SAID BEGINNING
BEARS NORTH 18'27'38" WEST;
THENCE ALONG THE ARC OF SAID
CURVE
THROUGH A CENTRAL ANGLE GF
5'21'41"; THENCE
TO THE EASTERLY LINE OF SAID
PARCEL 1; THENCE ALONG SAID
EASTERLY LINE
TO THE POINT OF BEGINNING.
WtiLIAM I?‘.- DICK DATE
LS 5276 '
EXPIRATION DATE 12/31/99
OF 1
lm!B
InI AREA = 15,504 St?. Fr
= a356 ACRES
p. 0. B. PCWNT W BEGlNNtNG
.’
ICAN rs; APPI
T: \1466\EXHIBITS\1466ROLDWG
CITY W CMLSBAD
. PREPARED BY,
PRDKCT DESYICN CWSULTANTS 701 8’ STREEr, SlJllE 800 SAN DIEGO, CA 92101 (619) 235-6471
A.P.N.
214- 150- 18
PRa NO.
DHG. NO.
23
MO138 3X 1331 MO138 33’S
-mm- ----.--.___
2
2
,,2 2’ ,’ ,’ ,’ ,’
kj ,’ ;
5.
lH3ltl 3AOW 33s lH3ltl 3AOW 33s
RECORDING REQUESTED BY:
WHEN RECORDED MAIL TO:
Shea Homes Limited Partnership
10721 Treena Street, Suite 200
San Diego, CA 92131
MAIL TAX EXEMPT STATEMENTS TO:
EXEMPT
The undersigned grantor(s) d
Documentary transfer tax
( ) computed on full val
( ) computed on ful
encumbrances r
1 Unincorporatec
; USE
#arcel No.:
ORPORATION GRANT DEED ?,,,,..
WacaYowled
e a part
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO .- I
Name: rT.BTTnRTq
i (Type or Print) -
Title:
is+areeubscribed to the within instrument and acknowledged
to me that hemy executed the same in his/bet&&
authorized capacitym and that by his/h&their signature@)
on the instrument the person&), or the entity upon behalf
of which the persorlkdfacted, executed the instrument.
By:
Name:K?iREN R. KUNDTZ
(Type or Print)
WITNESS my hand and official seal.
Signature:
Title: A%aistant Citv Clerk
(Type or Print)
MASTERSlFORhWGRANT OEEO FORM Rev. 1 l/03/97
EXHIBIT 'A'
BEING A PORTION OF LOT 3 OF SECTION 29, TOWNSHIP 12 SOUTH, RANGE 4 WEST,
SAN BERNARDINO MERIDIAN, IN THE CITY OF SAN DIEGO, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED
OCTOBER 25, 1875, BEING FURTHER DESCRIBED AS A PORTION OF PARCEL 1 IN DEED
RECORDED AUGUST 21, 1974 AS FILE NO. 74-227601 OF OFFICIAL RECORDS, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID PARCEL 1; THENCE ALONG THE SOUTH-
ERLY LINE THEREOF
1. SOUTH 76"57'27" WEST 498.01 FEET
2. NORTH 19"07'17" WEST 26.41 FEET;
3. NORTH 76"54'03" EAST 181.50 FEET
4. EASTERLY 150.65 FEET
5. EASTERLY 148.78 FEET
6. NORTH 76"54'03" EAST 15.02 FEET
7. SOUTH 20"26'52" EAST 41.10 FEET
CONTAINS 0.356 ACRE MORE OR LESS.
LBG\1466!3XZ,.DK (10/22/99) SW
TO THE WESTERLY LINE OF SAID
PARCEL 1; THENCE LEAVING SAID
SOUTHERLY LINE AND ALONG SAID
WESTERLY LINE
THENCE LEAVING SAID WESTERLY
LINE
TO THE BEGINNING OF A TANGENT
1610.00 FOOT RADIUS CURVE CON-
CAVE.TO THE NORTH, A RADIAL LINE
TO SAID BEGINNING BEARS SOUTH
13"05'57" EAST; THENCE ALONG THE
ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF
5"21'41" TO THE BEGINNING OF A
1590.00 FOOT RADIUS COMPOUND
CURVE CONCAVE TO THE SOUTH, A
RADIAL LINE TO SAID BEGINNING
BEARS NORTH 18'27'38" WEST;
THENCE ALONG THE ARC OF SAID
CURVE
THROUGH A CENTRAL ANGLE OF
5'21'41"; THENCE
TO THE EASTERLY LINE OF SAID ;
PARCEL 1; THENCE ALONG SAID
EASTERLY LINE
TO THE POINT OF BEGINNING.
( v zt{qJ
WZLIAM R. DICK DATE
LS 5276
EXPIRATION DATE 12/31/99
OF 1
_ S7tl76!57’!F -----w -
41.10’
im AREA = 15304 so. R:
= 0.356 AtXS
P. 0. B. Pcxlv T W BEUNNING
-- CARLSBAD / rs0.w
- BOULEVARD - - - --
I I WY W CARLSAD I I . APPLI~ flFPARFD BK
PRUCT DEXN CoHlsuLTANlS 701 ‘B’SIREE7; SUM 800 SAN DIEGO, CA 92101 (619) 235-6471
r: \1466\EXHiBlTS\l466RO~D~
A.P.N,
214-W- 18
PROJ. NO.
DW. NO.
27
City of Carlhbad
December 20,1999
SHEA HOMES
10721 Treena Street, Suite 200
San Dieqo, BA 92131
RE: Aaenda Bill #15.522: CORPORATION GRANT DEED.PROJECT NO. PR
99-86, CT 97-22 POINSETTIA PROPERTIES PA 8.
Enclosed for your reference is a copy of Resolution No. 99-513, which was adopted and
approved at the Carlsbad City Council Meeting on 12/07/99.
Also enclosed is one copy of the Acquisition and Reimbursement Agreement for
Poinsettia Properties Planning areas 7 & 8 for the construction of Carlsbad Blvd. for
your files.
Also enclosed is one Original Corporation Grant Deed for you to record.
Sincerely,
Karen Mckinnon
Office of the Carlsbad City Clerk
Enclosures (3)
1200 Carlsbad Village Drive * Carlsbad, CA 92008-I 989 - (760) 434-2808 @
'DEC-06-99 MON 14:41 - -. r+3v; 24.1999 4:39PM F""QSrONE COMM INC NO. b&l P. 02 r.cfd
r
November 24,1999 I
FOR THE INFORMATION OF
THE CITY COUNCIL
Mr. LloydHubbs : 1 1
City of C&bad Engineeriug Pep (r : cxi, %qr I
2975 La3 Pdmrw
Carlsbad, CA 92008
CQU@ITION AND REllWBURSllMENT
TTL4PROPERTJES PLANMNGAIUUS ‘I ANDa
OFCARLSBADBOULIIEVARD~
Please be advised hc, acknowledges that It has City of Carlsbad. Fieldstone 16 between Sbaa Homes Sao a municipal corporation.
Fieldstone Commu ed agreement.
I
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