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
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PROJECT NAME
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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:
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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
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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.
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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
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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:
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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.
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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]
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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
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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
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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
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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
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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
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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