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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. t l A h . 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 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 1 2 3 4 5 8 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 28 (SEAL) - 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. 1 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. 2 3 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. 4 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. 6 _- 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.) 7 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 e - 1zWl MO138 33s ~IEI-I MO138 33s lH318 3AOW 33s lH3ki 3AOW 33S t; W 6 ‘G t \ .csC’;- LL r;b- L a-5 5Lr,dL WtN RECORDW MAIt. 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SW@ of clli(pmir. dam I : See AttacW Exblbl t A l UI by retw&ce thqrmb rude l part bored. i certify eha+ the neezeir in 7-- l ,&;; bptcd : ap*fit i 01 the T .w.thr cjtv of Callsbed, Crlife*nfa l polJ:i=.~.corpor~lier.~dCn~ 9ove~~~e~~a~. rqcney , a~ hc**bY l ece by the undcxslqn@d officer 9’ on .ehlf of the City coqfiy&J- <it,, of carlebrd, CaJil~T”.~, f”‘rf’ cm .uchog.&y .confrErd by R-=ol+ #15)7 of the ClCy of ca*J-*d an &?y a, J96Er l nd .th;r grant-e ____ as rb rraordacion +Cr6!0 unt ‘;’ err ; 1 edop-ff ? .$ f bu ’ ,,_..- . . . . , . . . . -- “.I”*. Ini, - k .fvlr,ek lrtrlrt J c t ‘&00-W. POrutl 4. .E7oilwr P Tlto~porrlm of Lots. scalontu; Tuwunha 12 Scum. llanpr l WCSC, 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. a” * . 2 / .& : w ! IQ 1 i I ;~ - I Vhrrl a* * b s “++ ;. . .-. . . ” ‘.” ‘... . . . ,...,.,..,, QT~Z ‘I 8 ,.. ,.. 2, -!J ~‘“~----- :.kl2 I “-’ Er ,~~!p~ - -g . ...* . . . . . . __...,,, ,,,_, ,e-- - 1-l ~2 ~ I ,-. k. m - - I I I a I I’ =D I i !2 i SC: ; q \ 9 i ? 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 ,I : ii ;I iI i! I ; 1. i ii !i I( I” : 8, .I ,i .I