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HomeMy WebLinkAbout2002-02-12; City Council; 16555; Land Purchase Agmt - Construction of Whitman WayCITY OF CARLSBAD -AGENDA BILL i~# 16,555 m: ITG. 2 /12/02 IEPT. ENG CITY MGR. * CT 97-16A APPROVAL OF A LAND PURCHASE AGREEMENT FOR THE CONSTRUCTION OF WHITMAN WAY FOR THE KELLY RANCH CORE AREA RECOMMENDED ACTION: Adopt Resolution No. a002-05/. approving a Land Purchase Agreement with Kelly Land Company for the purchase of City owned property located on the eastern side of Faraday Avenue at Cannon Road which is a portion of Veteran's Memorial Park property. ITEM EXPLANATION: Propertv Acauisition The final map was based on the tentative map for CT 97-16A, which was previously approved by Kelly Land Company (KLC) has recorded a final map for the Kelly Ranch Core Area, CT 97-16A. City Council on June 12, 2001, pursuant to City Council Resolution No. 2001-165. Condition number's 61E and 80, of Planning Commission Resolution 4963, require that KLC acquire off-site property owned by the City of Carlsbad to construct the project. KLC must acquire this real property from the City to be in conformance with their tentative map. To accommodate the project's design, engineering conditions of approval were placed on the project which obligates KLC to construct standard street improvements to Whitman Way, within the CT 97-16A property boundary and off-site on property owned by the City of Carlsbad. The City views these on and off-site improvements as a benefit to the public, and as such, agrees to the sale of City owned fee title property to KLC to construct portions of Whitman Way (see attached Exhibit 4). City Council previously approved a Land Purchase Agreement (Agreement) between the City and KLC to facilitate this property transfer on January 8, 2002, in accordance with Resolution 2002-004. Prior to payment to the City and transfer of the property to KLC, and after review of the escrow and conveyance documents, it was determined by both parties that the language in some portions of the agreement did not facilitate the correct transfer of property. Accordingly, Paragraph 12 of the agreement has been revised and now indicates the appropriate property conveyances. The purchase price for the property is $240,000.00, which is the product of the approximate size of the property (0.6 acres) and the City's designated park-in-lieu fee of $400,000.00 per acre. An escrow account or other funds transfer mechanism, shall be established wherein KLC shall place funds in the amount of the purchase price of $240,000.00 into such account, which shall be transferred to the City upon conveyance of the property to KLC (i.e.. the closing), as indicated in the Agreement (see Exhibit 3). The City will transfer this real property to KLC by grant deed, which shall convey fee title absolute. The grant deed will be approved by the City Council. KLC will then dedicate the on-site portion of Whitman Way, for public street purposes, to the City on the CT 97- instrument. 16A final map, and, the off-site portion of Whitman Way, for public street purposes, by separate This land purchase was presented to the City of Carlsbad Parks and Recreation Commission on Monday, August 20, 2001. The Commission voted unanimously to accept this information item, as it was presented by City Community ServicelParks staff. P Page 2 of Agenda Bill No. 16,555 Propem Acauisition - General Plan Consistency Government Code 565402(a) exempts certain minor property dispositions (including minor ones Carlsbad Municipal Code Section 2.24.065, the City has adopted the necessary ordinance (Ord. No. related to street purposes) from General Plan consistency requirements. In accordance with City of 9424, 52, 1975) to allow for this Government Code exemption. Therefore, based upon these express provisions, a General Plan consistency determination for this property acquisition is not required. ENVIRONMENTAL REVIEW: applicable policies of the Certified Local Coastal Program regarding sensitive coastal resources. As Environmental review was previously conducted for CT'97-16A. The project is in conformance with such, City Council Resolution 2001-165, approved Coastal Development Permit's (CDP) 97-43A, CDP 98-66A and CDP 98-70A, for the project on June 12, 2001. FISCAL IMPACT: KLC will purchase the requisite off-site property from the City for $240,000.00, plus or minus any prorations and adjustments as provided for in the Agreement. Once Whitman Way is dedicated to the City for public street purposes, constructed, and the City accepts the improvements, general expenditures will be offset by fees collected to construct the single and multi-family residential maintenance expenditures will be required to keep the street operational for public travel. These developments included in CT 97-16A, and, by property taxes generated by the project. EXHIBITS: 1. Location Map 2. Resolution No. &b?J-Os( approving a Land Purchase Agreement for the construction of Whitman Way for the Kelly Ranch Core Area, CT 97-1 6A. 3. Kelly Land Company/City of Carlsbad Land Purchase Agreement. 4. Property Acquisition Exhibit. 5. Whitman Way Deeds (with attachments and exhibits). LOCATION MAP I ~~ PROJECT NAME 1 i 2 4 '5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 I/ RESOLUTION NO. 2002-051 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AGREEMENT FOR THE CONSTRUCTION OF WHITMAN WAY FOR CARLSBAD, CALIFORNIA, APPROVING A LAND PURCHASE I 1 THE KELLY RANCH CORE AREA, CT 97-16A. WHEREAS, Kelly Land Company (KLC) has recorded a final map for the Kelly Core Area, i CT 97-16A; and, WHEREAS, the approved City Council Resolution Number 2001-165, requires that KLC acquire off-site property owned in fee title by the City of Carlsbad to construct the project; and, WHEREAS, KLC must acquire this real property from the City to be in conformance with their tentative map; and, WHEREAS, engineering conditions of approval were placed on the project which obligate KLC to construct standard street improvements to Whitman Way, within the CT 97-16A property boundary and off-site on property owned by the City of Carlsbad; and, WHEREAS, the City views these on and off-site improvements as a benefit to the public, and as such, agrees to the sale of City owned property to KLC to construct portions of Whitman Way; and, WHEREAS, City and KLC staffs have prepared a Land Purchase Agreement to facilitate this property transfer; and, WHEREAS, the purchase price for the property is $240,000.00, plus or minus any prorations and adjustments as provided for in the Land Purchase Agreement; and, WHEREAS, KLC is requesting that the City Council approve the Land Purchase Agreement: and, WHEREAS, KLC desires to begin construction of Whitman Way in 2002. and WHEREAS, the acquisition of this real property was contemplated in the approval for the Kelly Core Area, CT 97-16A, tentative map; and WHEREAS, the relinquishment of this real property will result in approximately 0.468 acres of land being returned to the tax rolls and thereby benefit the public; and, WHEREAS, the purchase price being paid to the City, which is based on the City's standard park-in-lieu fee and agreed to by KLC. is a benefit to the public. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. That the above recitations are true and correct; 2. That the Land Purchase Agreement by and between Kelly Land Company and the City of Carlsbad is hereby approved and the Mayor is authorized to sign said agreement on behalf of the City; 3. That the Mayor is hereby requested and authorized to sign the deed relinquishing said real property on behalf of the City; 4. That the City Clerk is hereby directed to record the grant deed in the Ofiice of the County Recorder, San Diego, California, after KLC has paid the purchase price and escrow has closed in conformance with the provisions in the Land Purchase Agreement; 5. 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. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 12th day Of FEBRUARY 2002 , 2Q6df by the following vote, to wit: AYES: Council Members Lewis, Finnila, Hall NOES: None ABSENT: Council Member N aard (SEAL) PURCHASE AGREEMENT This Purchase Agreement (this "Agreement"), dated as of February 2002 (the "Execution Date"), between Kelly Land Company, a Delaware corporation ("Buyer"), and City of Carlsbad, a municipal corporation ("Seller"), is entered into with reference to the recitals set forth below. Seller and Buyer are sometimes referred to herein collectively mihe "Parties", and individually as a "Party." RECITALS A. Seller is the owner of approximately six tenths (0.6) of an acre of certain real property located in the City of Carlsbad, State of California, which property is more particularly described and shown as parcels A and C on Exhibits "A" and "B" attached hereto (the "Property"). Exhibit "A is the narrative description of parcels A, B and C, and Exhibit "B" is a plat which shows the relative position of those parcels and is attached for clarity. B. Pursuant to Condition 81 of Carlsbad Tentative Map [No. CT97-16Al (planning Commission Resolution No. 4963) ("Tentative Map"), Buyer is required to negotiate for acquisition of the Property in order to construct thereon a portion of a mandated roadway commonly known and referred to herein as "Whitman Way". C. Buyer and Seller have negotiated Buyer's acquisition of the Property in conformance with the above referenced condition, and accordingly Seller desires to sell to Buyer, and Buyer desires to purchase from Seller, the Property, on the terms and conditions set forth herein. AGREEIvlENT NOW, THEREFORE, in connection with the recitals set forth herein above, and for good and valuable consideration the receipt ofwhich is hereby acknowledged by each ofthe parties, the parties hereby agree as follows: 1. Sale and Convevance. Seller shall sell to Buyer, and Buyer shall purchase from Seller, the Property, upon the terms and conditions set forth in this Agreement. 2. a. Title to the Property shall be conveyed to Buyer subject only to (a) real property taxes not then delinquent, if applicable, and (b) the matters shown on the Commitment (as defined in Section 4 below) and accepted by Buyer. 3. Purchase Price. The purchase price for the Property (the"Purchase Price") shall be (a) the sum ofTwo Hundred Forty Thousand Dollars ($240,000), which price has been calculated as the product of (i) the approximate size of the Property times (ii) Seller's currently designated park-in-lieu fee ofFour Hundred Thousand Dollars ($400,000) per acre, less (b) the cost ofthe Title Policy. The Purchase Price, plus or minus any prorations and adjustments SD:DMl\AGR\CRBU1208066.6 020102 -1- as provided for herein, shall be paid by Buyer to Seller by federal funds wire transfer or cashiers check or other immediately available funds upon the closing ofthe transaction contemplated herein pursuant to Section 5 below (the "Closing"). 4. Condition ofTitle. Seller has delivered to Buyer, and Buyer acknowledges receipt of a preliminary title report order number 1271 195-15 dated October 2, 2001 ("PTR") and all documents reflected as exceptions in the PTR, if any (the "Title Documents"), from First American Title Insurance Company ("Title Insurer"), as a preliminary for a CLTA title policy, on the standard form issued in California (the "Title Policy"). Buyer hereby approves the matters shown in the PTR and Title Documents. 5. m. The Closing shall take place no later than five (5) days after approval by Council of this Agreement, on condition that the recordation of the Final Map contemplated by the Tentative Map has already occurred, and provided that all conditions precedent to the Closing have been fulfilled. 6. Conditions to Buver's Obligation to Close. Buyer shall not be obligated to proceed with the Closing unless and until each of the following conditions has been fulfilled: a. Citv Council Approval ofFinal Map. The City Council for the city of Carlsbad shall have given its final approval of the Final Map contemplated by the Tentative Map. b. No Uncured Breaches. There shall have been no uncured material breach of any representation, warranty or covenant given by Seller herein. c. Title Insurance. Title Insurer shall be unconditionally committed to issue the Title Policy. d. Closing Deliveries. Title Insurer or Seller shall be prepared to deliver to Buyer all instruments and documents to be delivered to Buyer at the Closing pursuant to any provision of this Agreement. 7. Conditions to Seller's Obli!=ation to Close. Seller shall not be obligated to proceed with the Closing unless and until each of the following conditions has been fulfilled: a. Citv Council Amroval ofFinal Map. The City Council for the City of Carlsbad shall have given its final approval of the Final Map contemplated by the Tentative Map. b. Closing Deliveries. Title Insurer or Buyer shall be prepared to deliver to Seller all funds, instruments and documents to be delivered to Seller at the Closing pursuant to any provision of this Agreement. SDDMlUGR\CRBU1208066.6 020702 -2- 8. Deliveries Upon Closing. a. Seller's Closing Deliveries. At or prior to Closing, Seller shall deliver or cause to be delivered to Buyer through the Title Insurer or otherwise, each of the following instruments and documents: 1. A grant deed on Title Insurer's standard grant deed form executed and acknowledged by Seller, as to parcels A and C as depicted on~khibits A and B; 11. The Easement Agreement described in Section 12 below, .. executed by Seller; 111. A settlement statement, if applicable, reflecting any ... prorations and credits herein provided for and approved by Buyer, executed by Seller; and iv. Such other documents and instruments as may be required by any provision of this Agreement or as may be reasonably required by Title Insurer or otherwise to carry out the terms and intent of this Agreement. b. Buyer's Closing Deliveries. At or prior to Closing, Buyer shall deliver or cause to be delivered to Seller through the Title Insurer or otherwise, each of the following instruments and documents: 1. The Purchase Price; ii. The Easement Agreement described in Section 12 below, executed by Buyer; ... 111. A settlement statement, if applicable, reflecting any prorations and credits herein provided for and approved by Seller, executed by Buyer; and iv. Such other documents and instruments as may be required by any provision of this Agreement or as may be reasonably required by Title Insurer or otherwise to carry out the terms and intent of this Agreement. 9. Closing Expenses: Prorations. a. Fees Paid bv Seller. All recording fees, conveyance fees, fees for releasing liens and encumbrances, and one-half (10) of the escrow fee, if any, shall be paid by Seller. b. Fees Paid bv Buver. The cost ofthe Title Policy, and one-half (112) of the escrow fee, if any, shall be paid by Buyer. c. Prorations. All real property taxes and assessments attributed to the Property, if any, shall be prorated as ofthe date of the Closing. Seller shall be responsible for real property taxes and assessments, if any, for the period prior to the date of the Closing, and SD.DMl\AOR\CRB\51208066.6 020702 -3- Buyer shall be responsible for real property taxes and assessments, if any, from and after the date of the Closing, regardless of when such amounts are billed, due or payable. 10. Warranties of Seller. Seller hereby warrants to Buyer on the date ofthis Agreement and as of the Closing Date: a. Seller has the legal power, right and authority to enter into this Agreement and to consummate the transactions contemplated by this Agreement; " b. All requisite action has been taken by Seller in connection with entering into this Agreement and the consummation of the transactions contemplated by this Agreement; c. There are no actions, suits, claims, legal proceedings or any other proceedings affecting the Property or any portion of the Property, at law or in equity, before any court or governmental agency, domestic or foreign; and d. No notices of violation of any federal, state, county or municipal or other governmental agency law, ordinance, regulation, order, rule or requirement relating to the Property, or any portion of the Property, have been issued or entered or received by Seller, and Seller has no reason to believe that any such notice may or will be, issued, entered or received. 11. Warranties of Buyer. Buyer warrants to Seller that on the date of this Agreement and as of the Close of Escrow: a. Buyer has the legal power, right and authority to enter into this Agreement and to consummate the transactions contemplated by this Agreement; b. All requisite action (corporate, partnership, trust or otherwise) has been taken by Buyer in connection with entering into this Agreement and the consummation ofthe transactions contemplated by this Agreement; and c. The individual executing this Agreement on behalf of Buyer has the legal power, right, and actual authority to bind Buyer to the terms and conditions of this Agreement. 12. Easement Agreement. The Parties hereby acknowledge and agree that in order to construct Whitman Way, it will be necessary for Buyer to use certain real property adjoining the Property, which real property is owned by Seller, and more particularly described as parcel B in Exhibits "A" and "B" attached hereto (the "Slope Easement Property") for purposes of construction gradiig and staging. Accordingly, Seller shall grant to Buyer a temporary easement agreement (the "Temporary Slope and Construction Easement") to use the Slope Easement Property for such purposes. 13. Noticff. Unless otherwise specifically provided herein, all notices, demands or other communications ("Notices") given hereunder shall be in writing and shall be deemed to have been delivered upon receipt. All Notices shall be given either by (i) personal delivery Buyer or Seller, respectively addressed as set forth below, (ii) facsimile transmission to Buyer or Seller, respectively addressed as set forth below, or (iii) certified mail, return receipt requested, postage prepaid, addressed as follows: SD:DMI~GR\CRBUI208066.6 020102 -4- If to Seller, to: The City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008-1989 Attention: Lloyd Hubbs Fax: (760) 434-8367 Telephone: (760) 434-2891 If to Buyer, to: Kelly Land Company 201 1 Palomar Airport Road, Suite 112 Carlsbad, California 92009 Attention: Scott Medansky Telephone: (760) 93 1-1 190 With copy to: Sheppard, Mullin, Richter & Hampton LLP 501 West Broadway, Suite 1900 San Diego, California 92101 Attention: Christopher B. Neils, Esquire Fax: (619) 234-3815 Telephone: (619) 338-6500 Fax: (760) 93 1-7950 If to Title Insurer. to: First American Title Insurance Company 41 1 Ivy Street San Diego, CA 92101 Escrow No. 00-2224-AS 1 (Title Order No. 1271 195-15) Attention: Angelique Sizemore, Escrow Officer Fax: 619-238-1934 Telephone: 619-238-1776 14. Buyer's Right to Assign Agreement. The Parties acknowledge that Buyer is under contract to sell in bulk much of the land which is subject to the Tentative Map and adjoins the hture location of Whitman Way to Archstone-Smith Operating Trust, a Maryland real estate investment trust ("Archstone"). Buyer shall have the right to assign this Agreement to Archstone, on condition that Buyer shall give written notice thereof to City within ten (10) days after such assignment. -5- 15. Miscellaneous. a. Section Headings. Section headings in this Agreement are inserted for convenience of reference only and do not define, describe or limit the scope or the intent of this Agreement or any of terms hereof b. Exhibits. All exhibits referred to in this Agreement and attached to this Agreement, are a part of, and incorporated in, this Agreement. " c. Entire Agreement. This Agreement contains the entire agreement between the parties relating to the transactions contemplated by this Agreement and all prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged in this Agreement. d. Amendments. No modification, waiver, amendment, discharge or change ofthis Agreement shall be valid unless the same is in writing and signed by the party against which the enforcement of such modification, waiver, amendment, discharge or change is or may be sought. e. Successors and Assigns. All terms ofthis Agreement shall be binding upon and inure to the benefit of and be enforceable by the parties and their respective legal representatives, successors and assigns. f Auulicable Law. This Agreement shall be construed and enforced in accordance with the laws ofthe State of California, and venue shall reside in San Diego County, California. g. Counteruarts. This Agreement may be signed in multiple counterparts, each of which shall be deemed an original, but such counterparts shall together constitute one and the same agreement. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] -6- IN WITNESS WHEREOF, this Agreement has been executed asoftheday and year first above written. "Buyer" KELLY LAND COMPANY, a Delaware corporation By: %? "Seller" CITY OF CARLSBAD, \ APPROVED TO FORM: . Print Nm md Title] ATTEST Carlsbad City Clerk SD:DMI\AGR\CRBUlZ08066.6 020702 -7- SD:DMI~GR\CRB\SIZOSOS6.6 020702 EXHIBIT "A" The Prouerty [attached] I A- 1 EXBIBIT 'A' LEGAL DESCRIPTION MR PORTION OF WHITMAN WAY RIGHT-OF-WAY BEING A PORTION OF LOT 'F' OF RANCHO AGUA HEDIONDA, ACCORDING TO MAP COUNTY, DESCRIBED IN A DEED RECORDED IN BOOK 3942, PAGE 32, DATED NOVEMBER THEREOF NO. 823, FILED IN THE OFFICE OE THE COUNTY RECORDER OF SAN DIEGO 16, 1896, OF OFFICIAL RECORDS OF COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL A ERLY ALONG THE NORTHERLY BOUNDARY OF SAID LOT 'F' BEING A COMMON BOUNDARY C-CING AT POINT 6 OF LOT 'F' OF SAID RANCHO AGUA HEDIONDA; THENCE EAST- WITH LOT 'I' OF SAID RANCHO AGUA HEDIONDA SOUTH 86"50'44" EAST 2568.96 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID BOUNDARY 1. 2. 3. 4. 5. SOUTH 86"50'44" EAST WESTERLY NORTH 86°50'44" WEST WESTERLY SOUTH 52"15'27" WEST 446.45 FEET TO THE BEGINNING OF A NON-TANGENT TO THE NORTH, A RADIAL LINE TO 410.00 FOOT RADIUS CURVE CONCAVE SAID BEGINNING BEARS SOUTH OF SAID CURVE SAID BOUNDARY AND ALONG THE ARC 18"53'59" EAST; THENCE LEAVING 157.82 FEET THROUGH A CENTRAL ANGLE OF 22 "03 ' 15"; THENCE 155.02 FEET TO THE BEGINNING OF A TANGENT 270.00 FOOT RADIUS CURVE CONCAVE ARC OF SAID CURVE TO THE SOUTH; THENCE ALONG THE 192.12 FEET THROUGH A CENTRAL ANGLE OF 40"53'49"; THENCE 16.13 FEET TO THE BEGINNING OF A TANGENT 20.00 FOOT RADIUS CURVE CONCAVE OF SAID CURVE TO THE EAST: THENCE ALONG THE ARC PAGE 1 OF 5 .. 6. 7. 8. 9. 10. SOUTHEASTERLY NORTHWESTERLY NORTHEASTERLY NORTH 52"15'27" EAST NORTHEASTERLY 32.43 FEET THROUGH A CENTRAL ANGLE OF 92"53'35" TO THE INTERSECTION WITH THE PROPOSED EASTERLY RIGHT- BEGINNING OF A TANGENT 842.00 OF-WAY OF FARADAY AVENUE, AND THE SOUTHWEST, A RADIAL LINE TO SAID FOOT RADIUS CURVE CONCAVE TO THE BEGINNING BEARS NORTH 49"21'52" EAST; THENCE ALONG SAID RIGHT-OF- WAY AND THE ARC OF SAID CURVE 98.32 FEET THROUGH A CENTRAL ANGLE OF 06"41'25" TO THE BEGINNING OF A TANGENT 20.00 FOOT RADIUS CURVE CONCAVE TO THE NORTH, A RADIAL LINE TO SAID BEGINNING BEARS LEAVING SAID RIGHT-OF-WAY AND SOUTH 42°40'27" WEST; THENCE ALONG THE ARC OF SAID CURVE 28 -07 FEET THROUGH A CENTRAL ANGLE OF 80"25'00"; THENCE 27.06 FEET TO THE BEGINNING OF A TANGENT TO THE SOUTHEAST; THENCE ALONG 330.00 FOOT RADIUS CURVE CONCAVE THE ARC OF SAID CURVE 93.75 FEET THROUGH A CENTRAL ANGLE OF 16"16'37" TO THE TRUE POINT OF BEGINNING. CONTAINS 0.468 ACRES, MORE OR LESS. PARCEL B C-CING AT POINT 6 OF SAID LOT 'F' OF SAID RANCH AGUA HEDIONDA; THENCE EASTERLY ALONG THE NORTHERLY BOUNDARY LINE OF SAID LOT 'F' BEING A COMMON BOUNDARY WITH LOT 'I' OF SAID RANCHO AGUA HEDIONDA SOUTH 86O50'44" EAST 3015.41 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID BOUNDARY 1- SOUTH 86'50'44'' EAST 46.21 FEET; THENCE LEAVING SAID BOUNDARY 2- SOUTH 63'20'44'' WEST 46.08 FEET; THENCE 3- SOUTH 68"50'29" WEST 63.93 FEET; THENCE R\WP\LEG\1200\1221-WITST~~~.~ 102/05/021 JRL PAGE 2 OF 5 .. 4. SOUTH 76"26'50" WEST 5. NORTH 88'54'53'' WEST 6. NORTH 73O25'51" WEST * SOUTH 79"55' 09" WEST 8. SOUTH 63O05'17" WEST 9. SOUTH 53O34'49" WEST 10. NORTHWESTERLY 11. NORTHWESTERLY 12- NORTH 52'15'27" EAST 13. NORTHEASTERLY 14- SOUTH 86"50'44" EAST 70.54 FEET; 72.72 FEET; 106.70 FEET; 79.46 FEET; 68.82 FEET; 72.68 FEET 15.00 FEET 32.43 FEET 16.13 FEET 192.72 FEET 155.02 FEET THENCE THENCE THENCE THENCE THENCE TO THE INTERSECTION WITH THE PROPOSED EASTERLY RIGHT-OF-WAY OF FARADAY AVENUE AND THE BEGIN- NING OF A NON-TANGENT 842.00 SOUTHWEST, A RADIAL LINE TO SAID FOOT RADIUS CURVE CONCAVE TO THE BEGINNING BEARS NORTH 50'23'07'' ARC OF SAID CURVE EASTERLY RIGHT-OF-WAY AND THE THROUGH A CENTRAL ANGLE OF Ol0O1' 15" TO THE BEGINNING OF A 20.00 FOOT RADIUS REVERSE CURVE CONCAVE TO THE EAST, A RADIAL LINE TO SAID BEGINNING BEARS SOUTH 49'21' 52" WEST; THENCE WAY AND ALONG THE ARC OF SAID LEAVING SAID EASTERLY RIGHT-OF- CURVE THROUGH A CENTRAL ANGLE OF 92'53' 35"; THENCE TO THE BEGINNING OF A TANGENT 270.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTHs THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 40"53'49"; THENCE TO THE BEGINNING OF A TANGENT TO THE NORTH; THENCE ALONG THE 410.00 FOOT RADIUS CURVE CONCAVE ARC OF SAID CURVE EAST; THENCE ALONG SAID PROPOSED PAGE 3 OF 5 .. 15. EASTERLY 157.82 FEET THROUGH A CENTRAL ANGLE OF 22'03'15'' TO THE TRUE POINT OF BEGINNING. CONTAINS 0.403 ACRES, MORE OR LESS. PARCEL c C-CING AT POINT 6 OF SAID LOT 'F' OF SAID RANCHO AGUA HEDIONDA; THENCE EASTERLY ALONG THE NORTHERLY BOUNDARY LINE OF SAID LOT 'F' BEING A COMMON BOUNDARY WITH LOT 'I' OF SAID RANCHO AGUA HEDIONDA SOUTH 86'50'44'' EAST 2341.96 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID BOUNDARY 1. SOUTH 86'50' 44" EAST 221.00 FEET 2. WESTERLY 93.15 FEET 3- SOUTH 52'15'27" WEST 21.06 FEET; 4. SOUTHWESTERLY 28.07 FEET TO THE BEGINNING OF A NON- CONCAVE TO THE SOUTHEAST, A TANGENT 330.00 FOOT RADIUS CURVE RADIAL LINE TO SAID BEGINNING BEARS NORTH 21"27'56" WEST; ALONG THE ARC OS SAID CURVE THENCE LEAVING SAID BOUNDARY AND THROUGH A CENTRAL ANGLE OF 16'16'37''; THENCE TANGENT 20.00 FOOT RADIUS CURVE TO THE BEGINNING OF A NON- LINE TO SAID BEGINNING BEARS CONCAVE TO THE NORTH, A RADIAL ALONG THE ARC OF SAID CURVE SOUTH 31'44'33" EAST; THENCE TO THE INTERSECTION WITH THE PROPOSED EASTERLY RIGHT-OF-WAY OF FARADAY AVENUE AND THE BEGIN- NING OF A 842.00 FOOT RADIUS REVERSE CURVE CONCAVE TO THE SOUTHWEST, A RADIAL LINE TO SAID BEGINNING BEARS NORTH 42°40'27" EAST; THENCE ALONG SAID PROPOSED ARC OF SAID CURVE EASTERLY RIGHT-OF-WAY AND THE PAGE 4 OF 5 . .. 5. NORTHWESTERLY 118.20 FEET THROUGH A CENTRAL ANGLE OF 08'02'26'' TO THE TRUE POINT OF BEGINNING. CONTAINS 0.183 ACRES, MORE OR LESS LS 6641 EXPIRATION DATE 12/31/03 PAGE 5 OF 5 EXHIBIT “B“ The Property [attached] SDDMl!AGR\CRB\S1208066.6 020702 B- 1 LEGAL ~~sm~pnwt: MAP NO. 823 IN THE CITY OF CARLSBAD, IN THE COUNTY THIS IS A PORTION OF LOT 'f OF RANCHO AGUA HEDlONDA OF SAN DIEGO, IN WE STATE (x CALIFORNIA ASSE'SQ?S PAREL NO.% ZfZ-Ola-~ Z12-01Plf OHOVGP MY ff CARLSBAD 1635 FARIDAY AmUE CARLSAD, CAWORNIA 92W BASIS W BEARING3 A Pmnw OF THE NQRWERLY LINE OF LOT 'r ON n THE BASS OF BEARINGS FOR THIS DRAWING IS RANCHO AGUA HEDICNDA MAP NO. 823 I.E. NOlRRl 8650'44' EST mam br IWOXC~K~G?~ CCUYSWLTAIVTS 7M B SET SAN DIEMI, CALIRRNIA 92101 PHM(E. (619) 2J5-6417I VICINITY MAP tm SCALE LEGEND INDlCATFS PARCEL 'A: S7RET DEDlCATLlwJ OF WITMAN WAY TOTAL AREA =0.468 ACRES RRAR TOTAL AREA ~0.403 ACRES INDICATES PARCEL 'E', SLWE EASEMENT hyq INDICATES PARCEL 2: FEE PARCEL TOTAL AREA 10.183 ACRES PN INDICATES POINT OF COMMENCEMENT TpoB INDICATES TRUE POINT OF BEGINNING EXHIBIT 'B' SHcETlff2 STREET DEDICA ndry - IN LOT r MAP NO. BZJ PREPARED BK APFWOMD BE A. P. N. @%D CWPANY UT 9~ ;ARLSAD. CA 92009 SAN DEW, CA 92101 R AlRPm pR(Mc~~Qy 212-010-05 k 212-010-11 701 B S7REEE WlK BIX) 23889 mm EXP 12/31/05 air- MlE RANCHO AWA HEDIWDA POINT NO. 6 LOT 'F' EXHIBIT $' MAP NO. 823 POR LOT 'J" wm2ff2 SREET DEDICA~CW - IN LOT r MAP NO. 823 A YPmD CdUPANY PREPARED 8t A. P. N. -. - !X?LSBAD. CA. 92009 MIV LYE@, CA 92101 PROEClLES/GiV ClMTsULTANTS 212-010-05 h 212-010-11 MI a SIREEK SUE BW RECORDING REQUESTED BY AND WHEN RECORDED, PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad. CA 92008 MAIL TAX STATEMENTS TO: Space above this line for Recorder's Use. The undersigned grantor(s) declare(s): Assessor's Parcel No. 212-010-05 & 11 Documentary transfer tax is Soo.OflfW Project No. &Name CT 97-16NPR 01-82 ( ) computed on full value of property conveyed, or Whitrnan Way Grant Deed Kelly Ranch Core Area encumbrances remaining at time of sale. ( ) computed on full value less value of liens and ( ) Unincorporated area: (x) City of Carlsbad , and CITY OF CARLSBAD FOR A VALUABLE CONSIDERATION. receipt of which is hereby acknowledged. Robert J. Mjcik, P.E./ Deputy City Engineer, Development Services GRANT DEED CITY OF CARLSBAD. a Municipal Corporation, organized under the laws of the State of California, for valuable consideration, receipt of which is hereby acknowledged, does hereby remise, release and grant to Archstone-Smith Operacing Trusc, a Maryland real estate investment trust all right, title and interest in the property described as parcel "A" and Parcel "C in Exhibits ",q' g "B', consisting of 7 pages, which are attached hereto and made a part hereof. Executed on FO BRUAf2Y I ZO-, at Carlsbad, California APPROVED AS TO FORM: BY t City Clerk H:lDevelopmenl Se~lceslMasIerslDeeds-Grant Deeds-EasementsiQuitclatm Deed -City (Real Property) 1.- . I 6/1/00 . (Notarial acknowledgement of execution of Grantor must be attached.) State of California 1 , cwntyof Sen DEGO J On 2-14-02 beforeme, ~P~fll~~ pk\ tmfd, nay (3d8UL personally appeared CLPUDe A- LE ' $personally known to me -OR- 0 proved to me on the basis of satisfactory evidence to be the person@. whose name(+) is/= subscribed to the within instrument and acknowledged to me that he/M#ey executed the same in his/kkbetr authorized capacity&@, and that by hismr signature(4 on the instrument the person@. or the entity upon Commission # 12Mw behalf of which the personfsjacted, executed the instrument. ~1.1 WITNESS, my hand and official seal. (This area for official notary seal.) OF NOTARY Title or Type of Document 6 ILfiflT DCED I Date of Document a-lq-oa- NO. of Pages k Signer(s) other than named above bGW+/AE /n. #OD!) . @JT~ aw r H:/Developmenl SeNiceS/MaSters/Deeds-Grant Deeds-EasementslQuitclaim Deed - Clty (Real Property) 611100 ... LEGAL D.PlTW: MAP NO. 823 IN THE ClN OF CARLSBAD, IN THE CWNN THIS IS A PORTION OF LOT 'F' OF RANCHO AGUA HWlONDA OF SAN DIEGO, IN THE STATE OF CALIFORNIA AS€S#f?S PARCEL NO.3 OWER 212-010-05, 212-01511 WTY dF CARLSAD 1635 FARADAY A WUE CARLSBAD. CALIFORNIA 92008 BASIS (X BEARING9 A Pmnw OF THE NORTHERLY LINE OF LOT 'F' ON VICINITY MAP THE BASIS OF BEARINGS FOR THIS DRAWNG IS RANCHO AGVA HWIWDA MAP NO. 823 LE. NORTH 8650'44' WEST NO SCALE mam w WK: pR(McIDzSI(;w CtmISuL TANK 701 8 STAEn SAN DIEGO. CALIRRNIA 92101 PW: (619) 23564171 TOTAL AREA "0.468 ACRES ARAF3 TOTAL AREA ~0.403 ACRES INDICATES PARCEL 'B', SLOPE EASRUWT INDICATES PARCEL 'C', FEE PARCEL TOTAL AREA =0.183 ACRES pm INDICATES POINT OF COMMENCEMENT TpoB INDICATES TRUE PCYNT OF BEGINNING ............ INDICATES PARCEL 'A', STREET DEDlCAnON OF WITMAN WAY REGISIRA~LW EXPIRES 12/31/2m EXHIBIT 'B' SETlff2 r STREET DEDICATION - IN LOT MAP NO. 823 I PREPARED 8E APPROMD BY: PRMClVESlW COVSULTANTS 212-010-05 & 212-01511 A. P. N. UT 706 701 8 SlREEC SUE 800 23889 m- ARLSAD. CA. 92009 W DIEW, CA 92101 EXP 12/31/05 a-cm MH RANWO AGUA HWIONDA POINT NO. 6 LOT 'F' MAP NO. 823 POR LOT *M EXHIBIT 'B' SHEET2 W2 SlREET DEDICAllW - IN LOT 'F' MAP NO. 823 ANF !&?'LA!iD CWPAN Y gll PALOMAR AIRPORT RD lllr mls :ARLSAD. CA. 92009 SAN DIEGO, CA 92101 PREPARED BE A.P.N. PRLMCTDESIIXJ CLYUSUL TAN E 212-010-05 & 212-010-11 701 B SREC WIT€ 800 EXIIIBIT 'A' LEGAL DESCRIPTION FOR PORTION OF WEITMAN mY RIGHT-OF-WAY BEING A PORTION OF LOT 'F' OF RANCHO AGUA HEDIONDA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DESCRIBED IN A DEED RECORDED IN BOOK 3942, PAGE 32, DATED NOVEMBER 16, 1896, OF OFFICIAL RECORDS OF COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL A C-CING AT POINT 6 OF LOT 'F' OF SAID RANCHO AGUA HEDIONDA; THENCE EAST- ERLY ALONG THE NORTHERLY BOUNDARY OF SAID LOT IF' BEING A COMMON BOUNDARY WITH LOT 'I' OF SAID RANCHO AGUA HEDIONDA SOUTH 86'50'44'' EAST 2568.96 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID BOUNDARY 1. 2. 3. 4. 5. SOUTH 86"50'44" EAST WESTERLY NORTH 86"50'44" WEST WESTERLY SOUTH 52"15'27" WEST 446.45 FEET TO THE BEGINNING OF A NON-TANGENT 410.00 FOOT RADIUS CURVE CONCAVE TO THE NORTH, A RADIAL LINE TO SAID BEGINNING BEARS SOUTH 18"53'59" EAST; THENCE LEAVING OF SAID CURVE SAID BOUNDARY AND ALONG THE ARC 157.82 FEET THROUGH A CENTRAL ANGLE OF 22"03'15"; THENCE 155.02 FEET TO THE BEGINNING OF A TANGENT 270.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTH; THENCE ALONG THE ARC OF SAID CURVE 192.72 FEET THROUGH A CENTRAL ANGLE OF 40"53'49": THENCE 16.13 FEET TO THE BEZiNNING OF A TANGENT 20.00 FOOT RADIUS CURVE CONCAVE TO THE EAST; THENCE ALONG THE ARC OF SAID CURVE PAGE 1 OF 5 6. 7. 8. 9. 10. SOUTHEASTERLY NORTHWESTERLY NORTHEASTERLY NORTH 52"15'27" EAST NORTHEASTERLY 32.43 FEET THROUGH A CENTRAL ANGLE OF 92"53'35" TO THE INTERSECTION WITH THZ PROPOSED EASTERLY RIGHT- OF-WAY OF FARADAY AVENUE, AND THE BEGINNING OF A TANGENT 842.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTHWEST, A RADIAL LINE TO SAID BEGINNING BEARS NORTH 49"21'52" EAST; THENCZ ALONG SAID RIGHT-OF- WAY ANC THE ARC OF SAID CURVE 98.32 FEET THROUGH A .CENTRAL ANGLE OF 06'41'25" TO THE BEGINNING OF A TANGENT 20.00 FOOT RADIUS CURVE CONCAVE TO THE NORTH, A RADIAL LINE TO SAID BEGINNING BEARS LEAVING SAID RIGHT-OF-WAY AND SOUTH 42"40'27" WEST; THENCE ALONG THE ARC OF SAID CURVE 28.07 FEET THROUGH A CENTRAL ANGLE OF 80"25'00"; THENCE 27.06 FEET TO THE BESINNING OF A TANGENT TO THE SCLJTHEAST; THENCE ALONG 330.00 FOOT RADIUS CURVE CONCAVE THE ARC OF SAID CURVE 93.75 FEET THROUGH A CENTRAL ANGLE OF 16'16'37" TO THE TRUE POINT OF BEGINNING. CONTAINS 0.468 ACRES, MORE OR LESS. PARCEL B COMMENCING AT POINT 6 OF SAID LOT 'F' OF SAID RANCK AGUA HEDIONDA; THENCE EASTERLY' ALONG THE NORTHERLY BOUNDARY LINE OF SAID LOT 'F' BEING A COMMON BOUNDARY WITH LOT 'I' OF SAID RANCHO AGUA HEDIOND?. SOUTH 86'50'44'' EAST 3015.41 FEET TO THE TRUE POINT OF BEGINNING; THENCE. CONTINUING ALONG SAID BOUNDARY 1. SOUTH 86'50'44'' EAST 46.21 FEET; THENCE LEAVING SAID BOUNDARY 2. SOUTH 63'20'44'' WEST 46.08 FEET; THENCE 3. SOUTH 68'50'29'' WEST 63.93 FEET; THENZE R\Ws,LEi\1200\12iI-"":TST"EL..DOC i:z/s5;02, JRL PAGE 2 OF 5 . .. 4. SOUTH 76'26'50'' WEST 5. NORTH 88'54'53'' WEST 6- NORTH 73'25'51" WEST 7. SOUTH 79'55'09'' WEST 8. SOUTH 63'05' 17" WEST 9. SOUTH 53'34'49'' WEST 10. NORTHWESTE.RLY 11. NORTHWESTERLY 12- NORTH 512~15'27'' EAST 13. NORTHEASTERLY 14. SOUTH 86"50'44" EAST 70.54 FEET; 72.72 FEET; 106.70 FEET; 79.46 FEET; 68.82 FEET; 72.68 FEET ,15.00 FEET 32. 43 FEET 16.13 FEET 192.72 FEET 155.02 FEET THENCE THENCE THENCE THENCE THENCE TO THE INTERSECTION WITH THE OF FARADAY AVENUE AND THE BEGIN- PROPOSED EASTERLY RIGHT-OF-WAY NING OF A NON-TANGENT 842.00 SOUTHWEST, A RADIAL LINE TO SAID FOOT RADIUS CURVE CONCAVE TO THE BEGINNING BEARS NORTH 50'23'07'' EASTERLY RIGHT-OF-WAY AND THE EAST; THENCE ALONG SAID PROPOSED ARC OF SAID CURVE THROUGH P. CENTRAL ANGLE OF Ol0O1' 15" TO THE BEGINNING OF A 20.00 FOOT RADIUS REVERSE CURVE CONCAVE TC, THE EAST, A RADIAL LINE TO SAID BEGINNING BEARS SOUTH 4 9'21' 52" WEST; THENCE LEAVING SAID EASTERLY RIGHT-OF- WAY AN3 ALONG THE ARC OF SAID CURVE THROUGE A CENTRAL ANGLE OF 92'53' 35"; THENCE TO THE BEGINNING OF A TANGENT 270.CO FOOT RADIUS CURVE CONCAVE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 40°53' 49"; THENCE TO THE S0;ITH; THENCE ALONG THE ro TSE BEGINNING OF A TANGENT ro NC~TH; THENCE ALONG THE 410. CO FOCsT RA2IUS CURVE CONCAVE ARC CF SA13 CURVE PAGE 3 OF 5 15. EASTERLY 157.82 FEET THROUGH A CY :TRAL ANGLE OF 2Z003'15" TO 'I: ; TRUE POINT OF BEGINNING. CONTAINS 0.403 ACRES, MORE OR LESS. PARCEL c CObMENCING AT POINT 6 OF SAID LOT 'F' OF SAID W.NCHO AGL.. HEDIONDA; THENCE EASTERLY ALONG THE NORTHERLY BOUNDARY LINE OF SAID LOT ," BEING A COMMON BOUNDARY WITH LOT 'I' OF SAID RANCHO AGUA HEDI3NDA SCXH 86'50'44'' EAST 2347.96 FEET TO THE TRUE POIhlT OF BEGINNING; THENCE CONTINUING ALONG SAID BOUNDARY 1.. SOUTH 86O50'44" EAST 2. WESTERLY 3. SOUTH 52O15'27" WEST 4. SOUTHWESTERLY 221.00 FEET TO THE EZG1Nt:ING OF A NON- TANGENT 330. O'? ' 30T RADIUS CURVE CONCAVE TO '. : SOUTHEAST, A RADIAL LINE 7'' SAID BEGINNING BEARS NORTH 21'27'56'' WEST; ALONG TilE ARC OF SAID CURVE THENCE LEAVING SAID BOUNDARY AND 93.75 FEET THROUGH F C: 'TRAL ANGLE OF 16016r371'; TEL- : 27.06 FEET; TO THE BEGI:: TNG OF A NON- TANGENT 20.03 :OT RADIUS CURVE CONCAVE TO THE NORTH, A RADIAL LINE TO SAID BEGINNING BEARS SOUTH 31"44' 3"" EAST; THENCE ALONG THE .;.RC ' SAID CURVE 28.07 FEET TO THE INTEF 'CTION WITH THE PROPOSED EA.5'1: :.Y RIGHT-OF-WAY OF FARADAY A.,.+EI < AND THE BEGIN- NING OF A ?;... 30 FOOT RADIUS REVERSE CURVE CONCAVE TO THE SOUTHWEST, A I TAL LINE TO SAID BEGINNING EX.'^ NORTH 42'40'27'' EAST; THEKC5 . 'NG SAID PROPOSED EASTER.TY RI . ~'F-WAY AND THE ARC OF SAIL '"' PAGE 4 OF 5 . .. 5. NORTHWESTERLY 118.20 FEET THROUGH A ENTRAL ANGLE OF 06~02'20" T: '3~ TRUE porn OF BEGINNING. CONTAINS 0.183 ACRES, MORE OR LESS PAGE 5 OF 5 RECORDING REQUESTED BY AND WHEN RECORDED, PLEASE MAIL TO: City Clerk Citv of Carlsbad Carlsbad, California 92008 1200 Carlsbad Village Dr. MAIL TAX STATEMENTS TO: EXEMPT The undersigned grantor(s) declare(s): J Space above this line for Recorder's Use Assessor's Parcel No. 212-010-05 8 11 Project No. 8. Name CT 97-16NPR 01-82 Kelly Ranch Core Area Documentary transfer tax is SW/f* ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and Whitman Way Grant Deed of Easement for ( ) Unincorporated area: (x) Citv of Carlsbad. and encumbrances remaining at time of sale. Temporary Slope and Construction .. . GRANT DEED OF EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, City of Carlsbad, a Municipal Corporation herebyGRANTSto Archstone-Smith Operating Trust, a Maryland real estate investment trust . the following described real property in the City of Carlsbad, County of San Diego, State of California: a TEMPORARY EASEMENT FOR SLOPE AND CONSTRUCTION PURPOSES over, under, upon and across said real property together with the right to construct, grade, remove and deposit soil and construction materials, conduct operations related to the construction of adjacent facilities and features, clear landscape, inspect, and maintain within the bounds of said easement as described as Parcel "B" in Exhibit "A consisting only.) This temporary slope and construction easement shall automatically expire once the City of Carlsbad of 5 pages, attached hereto and made a part hereof. (Exhibit "B consisting of 2 pages is attached for clarity accepts the improvements for Whitman Way. STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO 1 By: On before me, (here insert name and title of officer), personally (Type or Print) appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that helshelthey executed the By: same in hislherltheir authorized capacity(ies), and that by hislheiltheir 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 CLAUDE A. LEWIS Title: MAY OR Name: KAREN R. KUNDTZ (TvDe or Print) Title: Assistant City Clerk (Type or Print) U,~.".,nnm.",Fnn..r..,ll..l~.~,n^^*_ .-"*?,""A. i ,r .". ".~ .,~~~~ "~ . . State of California I $personally known to me 0 proved to me on the basis of satisfactory evidence to be the person(+ whose name($ islafe subscribed to the within instrument and acknowledged to me that he/sbe&ey executed the same in hislbeMwr capacity(*). and that by hislMr ' authorized the entity upon behalf of which the person(+ signature(* on the instrument the person(@, or acted, executed the instrument. WITNESS my hand and official seal. 1 -.- Place Notary Seal Above Though the information below is not required by law, it may prove valuable to persons relymg on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: nkE,D fwd a a-wos t Document Date: 3 14 - oa Number of Pages: 8 Signer@) Other Than Named Above: hbd E Capacity(ies) Claimed by Signer Signer's Name: L Individual 0 Corporate Officer - Title(s): 0 Partner - 0 Limited C General C Attorney in Fact U Guardian or Conservator 0 Trustee C Other: Signer Is Representing: ."r ". .,.",,,I ,.II LEGAL DEScRIPll~: mIs Is A PoRnoN OF LOT #F OF RANCHO AGUA HEDIONDA OF SAN DIEM, IN mE STATE of CALIFORNIA ASMS PARCEL NO.3 212-01o-os, 212-010-11 OW€R MAP NO. 823 IN THE CUY OF CARLSBAD, IN ME COUNTY ON ff CARLSAD 1635 FARADAY AWUE CARLSBAD. CALRXNIA 92LW BASS LF BEARING3 THE BASS OF BEARINGS FOR THIS DRAWNG IS A PORTION OF THE NOR'RIERLY LINE OF LOT 'F' ON YlClNlN MAP RANCHO AGUA HEDIONDA MAP NO. 823 I.E. NORTH M~OW wm NO SCALE mwvw w rnk mclDExx mNlTANE 7OlBSTREET SAN MW. CALIMA 92101 (619) 23.5-64171 LEGEND TOTAL AREA =0.468 ACRES RAAR TOTAL AREA 4.403 ACRES INDICAES PARCEL w, SLOPE EASEMPlT TOTAL AREA =0.183 ACRES INDICATES PARCEL %: FEE PARCEL pw INDICATES POlNT OF COMMENCEMENT ............ INDICATES PAR= 'A: STREET DEDlCATlON OF WITMAN WAY TpoB INDICATES RUE POINT OF BEGINNING smm- DEDICATION - IN LOT *r MAP NO. 823 PREPARELI BY: APPROMD BY: PRMClDEXN C(1WsIIL TANS 701 B SlREEt SUITE 800 23889 EXP 12/Jl/oS am ME pdD COMPANY - ~7m 4RLS#. CA. 92009 SAN DEW, CA 92101 on- EXHIBIT 'B' SET1 a2 A. P. N. 212-010-05 & 212-010-11 sl e T: \I F. POINT NO. 6 LOT 'f MAP NO. 823 POR LOT *H' EXHIBIT 'B' wm2w2 I S?REET DEDlCAl7~ - IN LOT F' MAP NO. 823 A. P. N. 212-010-05 & 212-010-11 EXRIBIT 'A' LE- DESCRIPTIa FOR PORTION OF WHIW WAY RIGET-OF-WAY THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO BEING A PORTION OF LOT 'F' OF RANCHO AGUA HEDIONDA, ACCORDING TO MAP COUNTY, DESCRIBED IN A DEED RECORDED IN BOOK 3942, PAGE 32, DATED NOVEMBER 16, 1896, OF OFFICIAL RECORDS OF COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL A CCMdENCING AT POINT 6 OF LOT 'F' OF SAID RANCHO AGUA HEDIONDA; THENCE EAST- ERLY ALONG THE NORTHERLY BOUNDARY OF SAID LOT 'F' BEING A COMMON BOUNDARY WITH LOT 'I' OF SAID RANCHO AGUA HEDIONDA SOUTH 86"50'44" EAST 2568.96 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID BOUNDARY 1. 2. 3. 4. 5. SOUTH 86O50'44" EAST WESTERLY NORTH 86"50'44" WEST WESTERLY SOUTH 52"15'27" WEST 446.45 FEET TO THE BEGINNING OF A NON-TANGENT TO THE NORTH, A RADIAL LINE TO 410.00 FOOT RADIUS CURVE CONCAVE SAID BEGINNING BEARS SOUTH lE"53'59" EAST; THENCE LEAVING OF SAID CURVE SAID BOUNDARY AND .ALONG THE ARC 157.82 FEET THROUGH A CENTRAL ANGLE OF 22"03'15"; THENCE 155.02 FEET TO THE BEGINNING OF A TANGENT 270.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTH; THENCE ALONG THE ARC OF SAID CURVE 192.72 FEET THROUGH A CENTRAL ANGLE OF 40"53'49"; THENCE 16.13 FEET TO THE BEGINNING OF A TANGENT 20.00 FOOT RADIUS CURVE CONCAVE TO THE EAST; THENCE ALONG THE ARC OF SAID CURVE PAGE 1 OF 5 6. 7. 8. 9. 10. SOUTHEASTERLY NORTHWESTERLY NORTHEASTERLY NORTH 52'15'27" EAST NORTHEASTERLY 32.43 FEET THROUGH A CENTRAL ANGLE OF 92"53'35" TO THE INTERSECTION WITH THE PROPOSED EASTERLY RIGHT- OF-WAY OF FARADAY AVENUE, AND THE BEGINNING OF A TANGENT 842.00 SOUTHWEST, A RADIAL LINE TO SAID FOOT RADIUS CURVE CONCAVE TO THE BEGINNING BEARS NORTH 49"21'52" EAST: THENCE ALONG SAID RIGHT-OF- WAY AND THE ARC OF SAID CURVE 98.32 FEET THROUGH A CENTRAL ANGLE OF 06"41'25" TO THE BEGINNING OF A TANGENT 20.00 FOOT RADIUS CURVE CONCAVE TO THE NORTH, A RADIAL LINE TO SAID BEGINNING BEARS SOUTH 42"40'27" WEST; THENCE ALONG THE ARC OF SAID CURVE LEAVING SAID RIGHT-OF-WAY AND 29. 07 FEET THROUGH A CENTRAL ANGLE OF 80"25'00"; THENCE 27.06 FEET TO THE BEGINNING OF A TANGENT 330.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTHEAST; THENCE ALONG THE ARC OF SAID CURVE 93.75 FEET THROUGH A CENTRAL ANGLE OF 16"16'37" TO THE TRUE POINT OF BEGINNING. CONTAINS 0.468 ACRES, MORE OR LESS. PARCEL B cOW4ENCING AT POINT 6 OF SAID LOT 'F' OF SAID RANCH AGUA HEDIONDA; THENCE EASTERLY ALONG THE NORTHERLY BOUNDARY LINE OF SAID LOT 'F' BEING A COMMON BOUNDARY WITH LOT 'I' OF SAID RANCHO AGUA HEDIONDA SOUTH 86'50'44'' EAST 3015.41 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID BOUNDARY 1. SOUTH 86'50'44'' EAST 46.21 FEET; THENCE LEAVING SAID BOUNDARY 2- SOUTH 63'20'44'' WEST 46.08 FEET; THENCE 3. SOUTH 68O50'29" WEST 63.93 FEET; THENCE 4. SOUTH 76'26'50'' WEST 5. NORTH 88'54'53'' WEST 6- NORTH 73'25'51'' WEST 7- SOUTH 79'55'09'' WEST 8. SOUTH 63'05'17'' WEST 9. SOUTH 53'34'49'' WEST 10. NORTHWESTERLY 1 1. NORTHWESTERLY 12. NORTH 52'15'27'' EAST 13. NORTHEASTERLY 14. SOUTH 86'50'44'' EAST 70.54 FEET; 72.72 FEET; 106.70 FEET; 79.46 FEET; 68.82 FEET; 72.68 FEET 15.00 FEET 32.43 FEET 16.13 FEET 192.72 FEET 155.02 FEET THENCE THENCE THENCE THENCE THENCE TO THE INTERSECTION WITH THE OF FARADAY AVENUE AND THE BEGIN- NING OF A NON-TANGENT 842.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTHWEST, A RADIAL LINE TO SAID BEGINNING BEARS NORTH 50°23'07" EAST; THENCE ALONG SAID PROPOSED EASTERLY RIGHT-OF-WAY AND THE ARC. OF SAID CURVE THROUGH A CENTRAL ANGLE OF 01"01'15" TO THE BEGINNING OF A 20.00 FOOT RADIUS REVERSE CURVE CONCAVE TO THE EAST, A RADIAL LINE TO SAID BEGINNING BEARS LEAVING SAID EASTERLY RIGHT-OF- SOUTH 49"21'52" WEST; THENCE WAY AND ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 92'53' 35"; THENCE TO THE BEGINNING OF A TANGENT 270.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTH; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 40O53'49"; THENCE TO THE BEGINNING OF A TANGENT 410.00 FOOT RADIUS CURVE CONCAVE PROPOSED EASTERLY RIGHT-OF-WAY ro THE NORTH; THENCE ALONG THE ARC OF SAID CURVE PAGE 3 OF 5 t I 15. EASTERLY 157.82 FEET THROUGH A CENTRAL ANGLE OF 22'03'15'' TO THE TRUE POINT OF BEGINNING. CONTAINS 0.403 ACRES, MORE OR LESS. COW4ENCING AT POINT 6 OF SAID LOT 'F' OF SAID RANCHO AGUA HEDIONDA; THENCE EASTERLY ALONG THE NORTHERLY BOUNDARY LINE OF SAID LOT 'F' BEING A COMMON BOUNDARY WITH LOT 'I' OF SAID RANCHO AGUA HEDIONDA SOUTH 86"50'44" EAST 2347.96 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID BOUNDARY 1. SOUTH 86'50'44'' EAST 221.00 FEET TO THE BEGINNING OF A NON- TANGENT 330.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTHEAST, A RADIAL LINE TO SAID BEGINNING BEARS NORTH 21O27'56" WEST; THENCE LEAVING SAID BOUNDARY AND ALONG THE ARC OF SAID CURVE 2. WESTERLY 93.75 FEET THROUGH A CENTRAL ANGLE OF 16'16'37''; THENCE 3. SOUTH 52'15'27'' WEST 27.06 FEET; TO THE BEGINNING OF A NON- TANGENT 20.00 FOOT RADIUS CURVE CONCAVE TO THE NORTH, A RADIAL LINE TO SAID BEGINNING BEARS SOUTH 37'44'33" EAST; THENCE ALONG THE ARC OF SAID CURVE 4. SOUTHWESTERLY 28.07 FEET TO THE INTERSECTION WITH THE OF FARADAY AVENUE AND THE BEGIN- PROPOSED EASTERLY RIGHT-OF-WAY RING OF A 842.00 FOOT RADIUS REVERSE CURVE CONCAVE TO THE SOUTHWEST, A RADIAL LINE TO SAID BEGINNING BEARS NORTH 42"40'27" EAST; THENCE ALONG SAID PROPOSED ARC OF SAID CURVE EASTERLY RIGHT-OF-WAY AND THE jw R\YP\LFG\12@0\1224-~lISTOOO.WC 1@2/05/@2! JRL PAGE 4 OF 5 5. NORTHWESTERLY 118.20 FEET CONTAINS 0.183 ACRES, MORE OR LESS THROUGH A CENTRAL ANGLE OF 08'02'26'' TO THE TRUE POINT OF BEGINNING. LS 6641 EXPIRATION DATE 12/31/03 RECOROING REQUESTU) BY: WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, CA 92008 MAIL TAX EXEMPT STATEMENTS TO: EXEMPT SPACE ABOVE THIS LINE FOR RECORDERS USE The undersigned grantor(s) declare(s): Assessor's Parcel No.: 212-010-05 Documentary transfer tax is SO.00~~~ 212-010-11 Project No. & Name: CT 97-16A PR 01-62 ( ) computed on full value of property conveyed, or Kelly Ranch Core Area ( ) computed on full value less value of liens and Whitman Way Grant Deed of Easement ( ) Unincorporated area: (x) City of Carlsbad, and encumbrances remaining at time of sale. for Street and Utility Purposes GRANT DEED OF EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged. Archstone-Smith Operating Trust, a Maryland real estate investment trust hereby GRANTS to City of Carlsbad, a Municipal Corporation the following described real property in the City of Carlsbad, County of San Diego, State of California: an EASEMENT FOR PUBLIC STREET AND PUBLIC UTILITY PURPOSES over, five (5) pages, attached hereto and made a part hereof. Exhibit "B" consisting of two (2) pages under, upon and across said real property as described as Parcel '"A in Exhibit '"A consisting of is attached for clarity only. DATED 2 - I -0 a STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO 1 1 personally appeared 7 (or proved to me on the basis of satisfactory evidence) to be the person(* whose name(@ to me that hekhM?ey executed the same in hiskeU4a6 ish subscribed to the within instrument and acknowledged authorized capacity(&), and that by his/her4ker signature(* on the instrument the person(+, or the entity upon behalf of which the person(e) acted, executed the instrument. WITNESS my hand and official seal KIKK ROIOFF Signature: Title: (Type or Print) By: (Signature) Name: (Type or Print) Title: (Type or Print) EXBIBIT 'A' LEGAL DESCRIPTION FOR PORTION OF WHITMAW WAY RIGHT-OF-WAY THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO BEING A PORTION OF LOT 'F' OF RANCHO AGUA HEDIONDA, ACCORDING TO MAP COUNTY, DESCRIBED IN A DEED RECORDED IN BOOK 3942, PAGE 32, DATED NOVEMBER 16, 1896, OF OFFICIAL RECORDS OF COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL A CWCING AT POINT 6 OF LOT 'F' OF SAID RANCHO AGUA HEDIONDA; THENCE EAST- ERLY ALONG THE NORTHERLY BOUNDARY OF SAID LOT 'F' BEING A COMMON BOUNDARY WITH LOT 'I' OF SAID RANCHO AGUA HEDIONDA SOUTH 86°50'44" EAST 2568.96 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID BOUNDARY 1. 2. 3. 4. 5. SOUTH 86"50'44" EAST WESTERLY NORTH 86"50'44" WEST WESTERLY SOUTH 52"15'27" WEST 446.45 FEET TO THE BEGINNING OF A NON-TANGENT TO THE NORTH, A RADIAL LINE TO 410.00 FOOT RADIUS CURVE CONCAVE SAID BEGINNING BEARS SOUTH lB"53'59" EAST; THENCE LEAVING OF SAID CURVE SAID BOUNDARY AND ALONG THE ARC 157.82 FEET THROUGH A CENTRAL ANGLE OF 22"03'15"; THENCE 155.02 FEET TO THE BEGINNING OF A TANGENT 270.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTH; THENCE ALONG THE ARC OF SAID CURVE 192.72 FEET THROUGH A CENTRAL ANGLE OF 40O53'49"; THENCE 16.13 FEET TO THE BEGINNING OF A TANGENT 20.00 FOOT RADIOS CURVE CONCAVE TO THE EAST; THENCE ALONG THE ARC OF SAID CURVE PAGE 1 OF 5 6. I. 8. 9. 10. SOUTHEASTERLY NORTHWESTERLY NORTHEASTERLY NORTH 52°15'21" EAST NORTHEASTERLY 32.43 FEET THROUGH A CENTRAL ANGLE OF 92"53'35" TO THE INTERSECTION WITH THE FSOPOSED EASTERLY RIGHT- OF-WAY OF FARADAY AVENUE, AND THE BEGINNING OF A TANGENT 842.00 SOUTHWEST, A RADIAL LINE TO SAID FOOT RADIUS CURVE CONCAVE TO THE BEGINNING BEARS NORTH 49"21'52" EAST; THENCE ALONG SAID RIGHT-OF- WAY AND THE ARC OF SAID CURVE 98.32 FEET THROUGH A CENTRAL ANGLE OF 06°41'25" TO THE BEGINNING OF A TANGENT 20.00 FOOT RADIUS CURVE CONCAVE TO THE NORTH, A RADIAL LINE TO SAID BEGINNING BEARS SOUTH 42"40'27" WEST; THENCE ALONG THE ARC OF SAID CURVE LEAVING SAID RIGHT-OF-WAY AND 28.07 FEET THROUGH A CENTRAL ANGLE OF 80"25'00"; THENCE 27.06 FEET TO THE BEGINNING OF A TANGENT TO THE SCUTHEAST; THENCE ALONG 330.00 FOOT RADIUS CURVE CONCAVE THE ARC OF SAID CURVE 93.75 FEET THROUGH k CENTRAL ANGLE OF 16"16'37" TO THE TRUE POINT OF BEGINNING. CONTAINS 0.468 ACRES, MORE OR LESS. PARCEL B C-CING AT POINT 6 OF SAID LOT 'F' OF SAID RANCH AGUA HEDIONDA; THENCE EASTERLY ALONG THE NORTHERLY BOUNDARY LINE OF SAID LOT 'E' BEING A COMMON BOUNDARY WITH LOT 'I' OF SAID RANCHO AGUA FE3IOND.A SOUTH 86'50'44'' EAST 3015.41 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID BOUNDARY 1. SOUTH 86'50'44'' EAST 46.21 FEET; THENCE LEAVING SAID BOUNDARY 2. SOUTH 63O20'44" WEST 46.08 FEET; THENCE 3. SOUTH 68"50'29" WEST 63.93 FEET; THENCE .. 4. SOUTH 76'26'50'' WEST 5. NORTH 88'54'53'' WEST 6. NORTH 73'25'51" WEST 7. SOUTH 79'55'09'' WEST 8. SOUTH 63'05'17'' WEST 9. SOUTH 53'34'49'' WEST 10. NORTHWESTERLY 11. NORTHWESTERLY 12. NORTH 52"15'27" EAST 13. NORTHEASTERLY 14. SOUTH 86'50'44'' EAST 70.54 FEET; 72,72 FEET; 106.70 FEET; 79.46 FEET; 68.82 FEET; 72.68 FEET 15.00 FEET 32.43 FEET 16.13 FEET 192.72 FEET 155.02 FEET THENCE THENCE .THENCZ THENCE THENCE TO THE INTERSECTION WITH THE PROPOSED EASTERLY RIGHT-OF-WAY OF FARADAY AVENUE AND THE BEGIN- NING OF A NON-TANGENT 842.00 SOUTHWEST, A RADIAL LINE TO SAID FOOT RADIUS CURVE CONCAVE TO THE BEGINNING BEARS NORTH 50O23'07" EAST; THENCE ALONG SAID PROPOSED ARC OF SAID CURVE EASTERLY RIGHT-OF-WAY AND THE THROUGH A CENTRAL ANGLE OF Ol0O?' 15" TO THE BEGINNING OF A 20.06 FOOT RADIUS REVERSE CURVE CONCAVE TG THE EAST, A RADIAL LINE TO SAID BEGINNING BEARS SOUTH 49"21'52" WEST; THENCE WAY P.ND ALONG THE ARC OF SAID LEAVING SAID EASTERLY RIGHT-OF- CURVE THROUGH A CENTRAL ANGLE OF 92'53' 35"; THEPICE TO T.iE BEG1NP:ING OF A TANGENT TO THE SOJTH; THENCE ALONG THE 270.CO FOOT RADIUS CURVE CONCAVE ARC OF SAID CURVE THRCUGH A CSNTRAL ANGLE OF 40"53' 49"; THEI:C TO T.XE 5EGINI:i::G OF A TANGENT 410.0C FOCT RGLIIUS CURVE CONCAVE TO THE NORTH; THENCE ALONG THE ARC CF SA13 CUk'JE PAGE 3 OF 5 15. EASTERLY 157.82 FEET THROUGH A ' .'tW ANGLE OF 22°03'15" TO ::,:. TRUE POINT OF BEGINNING. CONTAINS 0.403 ACRES, MORE OR LESS. PARCGL c C-CING AT POINT 6 OF SAID LOT 'F' OF SAID RANCHO A; . :iEDIONDA; THENCE EASTERLY ALONG THE NORTHERLY BOUNDARY LINE OF SAID LOT '. ' BEING A COMMON BOUNDARY WITH LOT 'I' OF SAID RANCHO AGUA HEDIONDA SC !."3 86°50'44" EAST BOUNDARY 2347.96 FEET TO THE TRUE POINT OF BEGINNING; THENCE CL,' WING ALONG SAID SOUTH 86'50'44'' EAST 221.00 FEET TO THE EEC-TI :.1G OF A NON- TANGENT 330. i 'OT RADIUS CURVE CONCAVE T3 RADIAL LINE YC SAID BEGINNING SOUTHEAST, A BEARS NORTH .'1'27' 56" WEST; THENCE LEAVIW. .\ID BOUNDARY AND ALONG THE ARC SAID CURVE 2. WESTERLY 93.75 FEET THROUGH A -?AL ANGLE OF 16O16'37"; Th. 3- SOUTH 52'15'27'' WEST 27.06 FEET; TO THE BEG-i. :1G OF A NON- TANGENT 2 0.0 IT RADIUS CURVE CONCAVE TO 11. .;ORTH, A RADIAL LINE TO SAIi 3ZGINNING BEARS SOUTH 31"4 4 EAST; THENCE ALONG THE A!? 7AID CURVE 4. SOUTHWESTERLY 28.07 FEET TO THE INTF,: PROPOSED 3 ': OF FARADAY it NING OF H REVERSE CU3V SOUTHWEST, h EAST; THENCE BEGINNING 9; EASTERLY ?Ir ARC OF SA17 3TION WITH THE 'i RIGHT-OF-WAY AND THE BEGIN- '10 FOOT RADIUS ".\L LINE TO SAID .IORTH 42°40'27" IG SAID PROPOSED ?-WAY AND THE ,JONCAVE TO THE n\Ys\LEG\1200\L221-*WITST*ED.DOC (02/35/02) JRL PAGE 4 OF 5 P@ I VI 5. NORTHWESTERLY 118.20 FEET THROUGH A CENTRAL ANGLE OF 08O02’26” TO THE TRUE POINT OF BEGINNING. CONTAINS 0.183 ACRES, MORE OR LESS LS 6641 EXPIRATION L7.P.TE 12/31/03 LEGAL DESCRlP7ltM: MAP NO. 823 IN mE ary OF CARLSBAD, IN mE COUNTY THIS IS A PORTION OF LOT 'f OF RANCHO AGUA HEDIONDA OF SAN DIEGO, IN SHE STATE OF CALIFORNIA ASSKSMS PARCEL NO.3 212-010-05 272-010-11 OW€R LYTY W CARLSBAO CARLSAD, CAWMNIA 92008 1635 FARADAY AWUE BASS W BEARING9 lHE BASS OF BEARINGS FOR SHIS DRAWlNG IS RANCHO AGUA HEDIONDA MAP NO. 823 A PORTION OF SHE NmTHERLY UNE OF LOT 'f ON LE. NORW 8650'44' EST €NWNEER W Wk ~CRKSIMI cmmrmTs ME (619) 2.x~" 7M B SREl SAN MGO, WWA 92701 VICINITY MAP NO SCALE LEWD .... ...... .. INDICATES PARCEL 'A: S?F?ET DEDICATION OF WITMAN WAY TOTAL AREA =0.468 ACRES INDICATES PARCEL 'B: SLOPE EASEMENT ARFFFl TOTAL AREA =0.103 ACRES INDICATES PARCEL 'C', FEE PARCEL - TOTAL AREA =0.183 ACRES PN INDICATES POINT OF COMMENCEMENT TpoB INDICATES TRUE POlNT OF BEGINNING EXHIBIT '8' sliEETlac2 I SlREET DEDlCAlloN - IN LOT r MAP NO. 823 I RANG40 AWA HWWDA POINT NO. 6 LOT 'F' MAP NO. 823 POR LOT 'H' EXHIBIT 'B' SHEET2 W2 I SlREET DEDlCAllcwVr - IN LOT F' MAP NO. 823 mb CWPANY - HRSAD. CA. 92009 UN WEN, CA 92101 PREPARED Et PRosClLKSlGV c(xIIsuLTANlS 701 E SlREEC SUIE 800 A. P. N. 212-010-05 h 212-010-11 CERTIFICATION FOR ACCEPTANCE OF .GRANT DEED OF EASEMENT FEB-13-2002(IEDJ 16:49 ARCHSTONE COHMUNITIES P. 002/005 CERTtFrCATE OF SECRETARY The undersigned. Dcnisc Decovic, being an AEsisunt Secretary of Arcllsrone-Smith Operutiny Trust. a Maryland real estate invesunenr trust (“Archsronc”), hereby certifies as follows: 1. Attached hereto as Exhibit A is a 11% and correct copy of the Articles of Amendment and Restatement of he Declaration of Trust of Archstonc, including a11 .amendments and modifications thereto. as in eflecr on the dale hereof. 2. Atmhed hereto as Exhibit B are he By-Laws of Archstone. including all amendmcnts and modifications thereto. as in effect on the date Iwd. 3. Attached hereto as Exhibit C are resolutions adoptrd by rhe sole corporate tmsue of Archnone on June 25, 2001. which resolutions arc in full force and effect 3s ., of the date hereof. 4. The following persons are duly elected officers of Archstone. holding the offices indicated. and the signatures below are die respective signatures or sucll otficers. N3.a Richard A. Banks John Jordxno, III Dm W. Ogden Slephen C. Dominink John W. Luedtke Kirk C. Roloff Michael R. Bcrmnn Cory B. Wood office Sicnature President - West Division . Executive Vice Senior Vice.Presid Vice President Vice President IN WITNESS WHEREOF. the undersigned the zh day of Ah - . ~002. FEB-13-2002(BED! 16:/9 ARCHSTOiE COIMUNITIES 1. Cory 8. Wood. an Assisrant Secreury of Archstonc. hereby certify that Denise Decovic is a duly rlrctrd and qualified Assisnnt Secretary of Archstonc and the signature appearing above is her genuine signa~urc. IN WITNESS WHEREOF, I have hereunto signed my name as of Ihr: 7 th day of .ZOO?. - A- CowWf6d, Assistant Sccrcrary FEB-13-2002(WEO) 16:39 ARCHSTOHE COMMUNITIES P. 004i005 EXHIBIT C RESOLUTIONS OF ARCHSTONE-SMITH OPEMTING TRUST WHEREAS, by rcsolutions dated June 25, 2001, pursuant to rhe authoriy of the sole trustee to adopt resolutions granted by the Executive & Investment Committee of the Board of Archstone-Smith Trust, the sole trustee of Archstone-Smith Operating TNSO a Marylnnd red estate investment mt (he “Twt’3, authorizes and opproves the purchase of that ce&n propeny locnred in the City of Carlsbad. County of San Diepo. Califomi& and commonly known I as the Kelly Ranch Multifamily Site (the “Propeny”) from Kelly Lnnd Company. a Delawan: corporation (the “Seller“); and W-EREAS, thc Trust desires to purchase the Property pursuant to the terms and conditions set forth in that certain Red Propcq Purchase and Sale AgrcemmI effective as of July 5, 2001 by nnd between the Trust and the Seller, as mended (the “Purchase Agreement”); and WHEREAS, in accordance wirh thc Purchase Agreemen& the Trust is requircd to execute and drlivcr an amendment and ussumption of that ccnain AIford;lble Housing Agreement affecting the Property, an assignment of the Whitman Way purchase agreement between Seller and thc City of Cslsbad and various other closing documents as more particularly set forth in Section 7.4 of the Purchase Apccmcnt (he “Closing Documents”); and WHEREAS, !he sale of the Property, rhe execution of the Closing Documents and any ’ and dl related or ancillnry mnners contemplated by thc Purchnsr Agreement are referred to herein collcctively as the “Tnnsaction”. NOW, THEREFORE, BE IT RESOLVED, that thc Transaction be. and hereby is, authorized and approved and that each of Richard A. Banks (President - West Division). John Jordan0 111 (Executive Vice Prcsident), Dm W. Ogden (Senior Vice President), Stephen C. Domini& (Group Vice President), John W. Luedtke (Group Vice President), Kirk C. Roloff (Vice President), Michael R Bcman (Vice Prcsident). and Cory B. Wood (Assistant Secretary) of thc T~I, be and each of them hereby is outhorizcd and directed 10 enter into, execute and deliver the Purchnse Agreement and the Closing Documents, and to take such further actions as may he necessary or incidental in order to consummate the Transaction. FURTHER RESOLVED, that rhc Secretary or any Assistant Sccrehry of the ?run shall certify any resolutions required or desired in connection wirh the transactions contemplated by the foregoing resolutions as having been adopted by the sole trustee on this date. and, upon such certification, such resolutions shall be deemed adopted pursuanr to this resolution. FURTHER RESOLVED, that each and every officer and trustee of the Trust is hereby authorized to take such actions from time to time in he name of the Trust 2s such officer or Tmske shall deem necessary. advisable or proper in order to cany out .and perform the obligations of the Trust under the Purchase Agreemenr and the Closing Documents or C:\\VINDOWS\~MP\lieIly~~~~s.~oc SFDDOI 32075142.1 012502 1201M OlEZb195 oclnnwise in cormenion wifh fie Transaction pursuant to these resolutions and to take any and all otber actions in furtherance thereof or to carry our rhe purposes of the foregoing E501UUOnS. FLIRTHER RESOLVED. that my and all actions heretofore hkea in good faith by any officer or tmstee of the Tat in comection with the negotiation, execution and delivery of the Purchase Agreement and the Closing Documents or orhenvise in connection with the Transaction, are hereby approved, ntified and confirmed in all respects. C:\WMDOWS\~hlPllicllynylch~cs.doc SFDDOl320755J2.l OI?Sw1 12U3M U11126195 FEB-13-2002/WEDJ 16:49 ARCHSTONE COIMUNITIES Facsimile P. OOliOO5 Dale: Februnry 13.2002 Allenlion: Isnbelle City of Cnrkbad Fax Numbor: (760) 720-6917 Fmrn: Kirk Roloff @! Number of Pwes (IndudlnB lhls cower): 5 If lhis tmnsrnisaion Is not ruceived in good der, please call: (949) 789-1 526 Re: Ccrtificntc of Sccrctary (2 pagcs) Exhibit C. Ruolotions of Archstqnc-Smith Opcntiog Trust (2 Pagcg) ~ .. THIS MESSAGE 15 INTENDED ONLY FOR THE U5E OF THE INOIVIDUAL OR ENTIT? TO WHICH IT 15 ADDRESSED AND MAY CONTAIN INFORMATION "HAT 19 PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LLW. IF THE REAOER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT. YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION. DISTRIBUVON OR COPTING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE AND DESTROY THE ORlGLNPLYESSAICE THANKYOU. SENT BY: HP LASERJET 3150; 699; FEE-13-02 11:OOAM; PAGE 2/2 Beccov NO. 00-2224Ml Reference: Purchaae of Right of Way for LotlIMted Close Date: Whitman Way. Report Print Date: February 13, 2002 Page 1 ESTIMATED CLOSING STATEMENT SELLER, CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlebad, CA 92008-1989 Considcration: Adjustments: Title/Recording Services Total Conaideration Credit far Title Policy Documentary Transfer Tax Record &ant Deed Escrow Fees: Escrow Fees Zheck Harewith rotda - - DEEITS - - - - CREDITS - - 240,000.00 264.00 25.00 450.00 8 s 239,161.00 240,000.00 $ 240.000.00 Phis estimated closing statement le eubject to changes, corrections or additions it clcaing. CASHIERS CHECKS MUST be payable to Firat American Title. WIRE INFO: VRST AMERICAN TRUST CO. 421 N. Main St. Santa Ma, CA ABA#12224125S/RCCT#19101 _r - ..,."_" First her Contrary to Seccion 3 of the reement dated February &, 2002, it is od by Buyer and Seller that therc.is fo Purchase Price for pap deduction in che citle insuran the owners policy of Mayor FirstAmerican urance Cornpan-y 4il IW SiREET * SAN DIEGO, CALIFORNIA92101 - FAX TRANSMITI'AL DATE : February 13.2002 TO : CITY OF CARLSBAD FAX NO : (760) 434-8367 A'ITN : Jane Mobaldi, Esq. TO : CITY OF CARLSBAD A"N : Mike Shirey FAX NO : (760) 602-1052 i:.,..,. , .w To: : CITY OF CARLSBAD ,$, FAX NO : (760) 720-6917 AlTN : Karen KU~K FROM : ANGEUQUE R. SIZEMOW TOTAL NUMBER OF PAGES: (Wudinn TnIhir hgc) RE: EWOW NO.: 00-2224AS1 2. Prom Address: Purchase of Right of way for, Whitman Way, SUB.JJ%CT: Please sign and fax back the attached REVISED Estimated Senlement Statement in which 1 have deleted any deduction in the Purchase Price for payment of the tide premium. Thank you! cc: Christopher B. Neils, Esq. via fax (619) 234-3815 IMPORTANT NOTE: Should any of these papers requlre an ORIGINAL SIGNATURE, Please take a =OX COPY BEFORE SIGMNG , We will not aeeept an Odginai Signature on FAX paper. Thank you lor your cooperation in this matter. THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED OR CONFIDENTIAL. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING THE MESSAGE TO THE INTENDED RECIPIENT YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS VIA THE U.S. POSTAL SERVICE, YOU HAVE READ THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE CONTACT THE ABOVE SENDER AT 1619) 2314685. OUR RETURN FAX NO. I$: 1619) 236-1934. IF YOU DO NOT RECEIVE ALL PAGES AS INDICATED OR HAVE PROBLEMS IN RECEIVING THIS FAX, PLEASE ATTORNEYS AT LAW NINETEENTH FLOOR SAN DIEGO. CALIFORNIA 92101-3598 501 WEST BROADWAY TELEPHONE 619,338,6500 FACSIMILE 619.234.3815 WWW.SHEPPARDMULLIN.COM Christopher Neils (619) 338-6530 cneils@sheppardmulli.com Our File Number CRB-44254 February 12,2002 VIA MESSENGER City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008-1989 Attention: Karen Re: Kelly Ranch ProjecWtman Wav Contract Dear Ladies and Gentlemen: Per direction fiom Mike Shirey and the City Attorney's Office, please find enclosed three fully executed originals of the Purchase Agreement between the City and Kelly Land Company, with respect to Whitman Way. As you have been told, this item is on the docket for the special meeting at City Council tonight, immediately prior to the regular session. I was asked to have all three of these delivered to the attention of Karen, in the Clerk's Offke. I understand that these need to go with the Agenda Bill. I also understand that there are original deeds which are now with the Agenda Bill. PLEASE NOTE: Upon approval by City Council, the three copies of the Purchase Agreement need to be executed on behalf of the City. That requires signatures by the Mayor, the City Clerk, and the City Attorney. A red tab is attached on the signature page, where all three of those signature lines are set forth. SAN DIEGO * DEL MAR HEIGHTS ORANGE COUNTY * LOS ANGELES * WEST LOS ANGELES - SANTA BARBARA SAN FRANCISCO ATTORNEYS AT LAW City Clerk, Attention: Karen February 12,2002 Page 2 PLEASE ALSO NOTE: Two of the three deeds which you already have also need to be executed on behalf of the City, and then acknowledged before a Notary Public. Those are the two deeds in which the City is the grantor. If you have any questions, please feel free to call me. However, these are important matters in connection with our closing on the property transaction between Kelly Land Company and its purchasers. Accordingly, we hope that the City signatures can be accomplished either tonight, or on Wednesday. Please advise. of the executed agreements for the City records. The other two and the deeds should \\ be sent to the title company (First American Title Company) to the attention of Angelique Sizemore and Cathy Clark. When those agreements and deeds have been executed, please keep one Thank you for your courtesy and cooperation, for SHEPPARD, MULLIN, RICHTER & HAMPTON LW Enclosure cc: Ronald R. Ball, Esquire BY FAX Jane Mobaldi, Esquire BY FAX Ms. Angelique Sizemore BY FAX Ms. Cathy Clark BY FAX Mr. Mike Shirey BY FAX SD:DMlU.E~CRB\5123083l.l Wiring Instructions: City of Carlsbad Wells Fargo Bank ABA No. 121 000 248 Account No. 41 59281 71 6 Please send numbers for