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HomeMy WebLinkAbout2002-05-14; City Council; 16748; Final Map Poinsettia Properties PA 2, 3, 4CITY OF CARLSBAD -AGENDA BILL B# 16,748 ITG. 5/14/02 TITLE: FINAL MAP FOR EPT. ENG POINSETTIA PROPERTIES P.A. 2, 3, & 4 (WATERS END) clTYAm. CARLSBAD TRACT CT 00-16 AND RELATED NCTD LICENSE AGREEMENT RECOMMENDED ACTION: Adopt Resolution No. 2002-141 authorizing the City Manager to execute the North San Diego County Transit Development Board (NCTD) License Agreement and Resolution No. 2002-142 approving the final map for Carlsbad Tract 00-16, Poinsettia Properties P.A. 2, 3, & 4 (Waters End), and authorizing the City Clerk to process the map for recording. ITEM EXPLANATION: On July 24, 2001, the City Council approved the tentative map for Carlsbad Tract CT 00-16, a 219 single-family residential subdivision on Poinsettia Properties Planning Areas 2, 3, and 4. The 43.587 acre property being subdivided into 250 lots (219 single-family residential lots, 25 open space lots, 3 private recreation lots, 1 RV lot, 1 private street lot, and a lot for the sewer pump station). This subdivision is within Local Facilities Management Plan (LFMP) Zone#22 and is generally located at the northwest corner of Avenida Encinas and Poinsettia Lane. The tentative map was conditioned to construct offsite storm drain facilities within the NCTD property. The proposed storm drain is located parallel with Poinsettia Lane in the southwest corner of the project and runs westerly under the railroad tracks to an existing storm drain system. Engineering staff has completed checking the final map and the grading and improvement plans of Carlsbad Tract CT 00-16. Prior to approval of the final map and construction of the required improvements, a License Agreement for the proposed storm drain system crossing under the existing railroad tracks needs to be executed by the City. The License Agreement allows the developer to install, and the City to maintain, facilities within the NCTD property. A copy of the agreement is attached to the resolution authorizing the City Manager to execute the agreement. The final map conforms substantially with the tentative map as approved by the Planning Commission on June 20, 2001 and by City Council on July 24, 2001 per Resolution 2001-230. The final map also conforms to the General Plan, all the applicable requirements of the Municipal Code, City Standards, and Growth Management Plan. FISCAL IMPACT: The developer pays a plancheck fee to cover the expense of planchecking and processing the final map for recording. All appropriate building permit fees will be paid if and when building permits are issued for this project. EXHIBITS: 1. Location Map. 2. County Transit Development Board License Agreement. Resolution No. 2002-141 authorizing the City Manager to execute the North San Diego 3. Waters End, and authorizing the City Clerk to process the map for recording. Resolution No. 2002-142 approving the final map for Carlsbad Tract CT 00-16, a. Licensing Agreement I LOCATION MAP NOT Td SCALE SI PROJECT NAME EXHIBIT PROJECT WATERS END CTOO-16 NUMBER 7 lbN BY. SCOT EVANS CARUBAD ENLTNEfmNG DEPT. 5/1/02 C: \DEMLOPUfNT PRMCTS\CTW16.DW 2. 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 RESOLUTION NO. 2002-141 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE LICENSE AGREEMENT BETWEEN THE CITY AND NORTH SAN DIEGO COUNTY TRANSIT DEVELOPMENT BOARD. WHEREAS, OBSLP Carlsbad, a Delaware limited liability company, has submitted a final nap known as Carlsbad Tract 00-16 to the City of Carlsbad for approval; and WHEREAS, the tentative map of Carlsbad Tract CT 00-16 with conditions, was approved ~y the Planning Commission on June 20, 2001, pursuant to Resolution No. 4997 and by :ity Council on July 24, 2001 pursuant to Resolution 2001-230; and WHEREAS, the conditions of approval for said final map require the construction of public acilities within North County Transit Development Board property; and WHEREAS, improvement plans for the required facilities have been reviewed by the City Ind secured by'OBSLP Carlsbad; and WHEREAS, prior to construction of the required facilities, North County Transit )evelopment Board requires the City to enter into a License Agreement for facilities within their Iroperty; and WHEREAS, the City Council of the City of Carlsbad determined it to be in the public iterest to authorize the City Manager to execute said License Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, :alifornia, as follows: 1. That the above recitations are true and correct. 2. That improvement plans for utilities required by said tentative map Carlsbad 'ract 00-16 have been reviewed and secured and are on file with the Public Works Director. 'I 'I 'I 'I Y Y Y '3 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 I9 20 21 22 23 24 25 26 27 28 held on the 14th day of MAY , 2002 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Finnila, Nygaard, Hal II NOES: None A NOES: None ABSENT: None ATTEST LORF&ll& Aha.zd M. WOOD, City Clerk Page 2 of 2 of Resolution No. 2002-141 3. That the City Manager is authorized to execute the attached License Agreement PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council .1 NCTD No. 233.674402-PL-CA APN 214-150-12-00 LICENSE AGREEMENT THIS LICENSE AGREEMENT ("Agreement") is made and entered into as of the effective date of North San Diego County ransit Development Board ("NCTD"), and The City of Carlsbad ("Licensee"). - , 2002, ("Effective Date") by and between the RECITALS A. NCTD has policies regulating and governing the use of its Rights-of-way. 0. Licensee has applied for the issuance of a License in accordance with such policies and NCTD has agreed to allow Licensee to use that portion of the Right of Way identified in Exhibit A and depicted in Exhibit B ("License Area"), subject to the terms and conditions of this Agreement. C. Licensee agrees to be bound by the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the foregoing and the mutual promises contained herein, the parties agree as follows: 1. License to Use. In consideration of the covenants and conditions set forth in this Agreement and other good and valuable consideration, NCTD licenses and permits Licensee to construct, maintain, and use a 60-inch storm water pipeline ("Facility") on the License Area, subject to applicable local, state and federal law and this Agreement. 2. Authority Not Exclusive. This License is non-exclusive. The Licensee shall respect the rights and property of NCTD and other authorized users of the Rights-of- way, easements, power poles, street light poles, vaults, and conduits. Except as otherwise required by applicable law, disputes between the Licensee and parties other than NCTD over the use, pursuant to this Agreement, of the easements, power poles, street light poles, vaults, conduits and other rights-of-way shall be submitted to NCTD for resolution. Licensee expressly agrees the Facility shall not interfere with any use of the surface property. 3. Relocation. Licensee shall, at Licensee's sole expense and within one hundred eighty (180) days after receiving written notice from NCTD, protect, temporarily disconnect, relocate, or remove the Facility if NCTD determines, in its sole and absolute discretion, that the Facility or some portion of the Facility is inconsistent or interferes with NCTD's current or planned use of the License Area or Right-of-way. Licensee shall commence the protection, disconnection, relocation, or removal promptly after receiving notice from NCTD and shall diligently pursue and complete such protection, disconnection, relocation, or removal within the one hundred eighty (1 80) day period set forth above. In consideration of NCTD's agreement to enter into this License, Licensee hereby waives any and all rights it may now have, or hereafter obtain, to any "relocation assistance benefits" pursuant to the Federal Uniform Relocation Assistance Act (42 U.S.C. 5 4601 et seq.), the California Relocation Assistance law (Cal. Gov. Code § 7260 et seq.) or any other statute that replaces or provides rights similar to such statutes, if NCTD requires Licensee to relocate the Facility or makes use of the Right-of-way in such a way as to 'displace' Licensee from the License Area. Licensee, further, shall in the future execute any further documentation of the release and waiver provided hereby as NCTD may reasonably require. 4. Limitations on Use . 4.1 Licensee shall comply with all applicable terms, conditions and requirements of NCTD's policies regarding rights-of-way and other NCTD ordinances, rules and regulations. Licensee shall comply with all applicable laws and regulations of the federal, state, county, local governments and all administrative agencies thereof which may have jurisdiction over Licensee's proposed use of the License Area and the use, construction, and maintenance of the Facility. 4.2Licensee shall not cause or permit any Hazardous Material to be used, stored, transported, generated, or disposed in or about the License Area by Licensee or Licensee's agents, employees, contractors, licensees, or invitees. "Hazardous Material" means any hazardous, toxic, or infectious substance, material, or waste which is or becomes regulated by any local governmental entity, the State of California, or the United States Government under any law, regulation or ordinance regulating or controlling any Hazardous Material (the "Hazardous Materials Laws"), including, without limitation, any material, or substance which is (i) defined as a "hazardous waste," "extremely hazardous waste" or "restricted hazardous waste" under California Health and Safety Code 251 15, 251 17 or 25122.7, or listed pursuant to California Health and Safety Code § 25140, (ii) defined as a "hazardous substance" under California Health and Safety Code § 25316, (iii) defined as a "hazardous material," "hazardous substance" or "hazardous waste" under California Health and Safety Code § 25501 (v) defined as a "regulated medical waste" under 40 C.F.R. § 259.10(a) or § 259.30, (v) petroleum or petroleum product, (vi) asbestos, (vii) designated as a "hazardous substance" pursuant to 31 1 of the Federal Water Pollution Control Act (33 U.S.C. § 1317), (ix) defined as a "hazardous waste" pursuant to § 1004 of the Federal Resource Conservation and Recovery Act, 42 U.S.C. § 6901, et seq. (42 U.S.C. § 6903), or (x) defined as a "hazardous substance" pursuant to § 101 of the Comprehensive Environmental Response Compensation and Liability Act, 42 U.S.C. § 9601 et seq. (42 U.S.C. § 9601). 2 4.3No use, construction, or maintenance by Licensee or on Licensee's behalf on the License Area will interfere with any railroad operations on the Right-of-way. 4.4Licensee shall not cross or permit the crossing over of the railroad tracks on the Right-of-way except at public crossings approved by the California Public Utilities Commission. 4.5Licensee shall not leave any personal property or equipment on the Right-of-way unattended at any time. 4.6Licensee shall not install or use any underground storage tanks on the License Area. 5. Insurance. Licensee, at Licensee's sole cost and expense, shall procure and maintain the following insurance: 5.1 General Liability. a. Coverage for commercial general liability shall be at least as broad as Insurance Services Office Commercial General Liability Cdverage (Occurrence Form CG 0001 ). b. Limits shall be no less than Two Million Dollars ($2,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate~limit is used, either the general aggregate limit shall apply to the Right-of-way (with the IS0 CG 2503, or IS0 CG 2504, or insurer's equivalent endorsement provided to NCTD) or the general aggregate limit shall be twice the required occurrence limit. c. The policy shall cover bodily injury (including death) and property damage liability, owned and non-owned equipment, and blanket contractual liability. d. All policy or endorsement limitations relating specifically to operations on or near railroad property or track shall be eliminated. 5.2Automobile Liability a. Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Automobile Liability Coverage (Form CA OOOl), covering Symbol 1 (any auto). b. Limits for shall be not less than one million dollars ($1,000,000) for bodily injury and property damage each accident limit. 3 c. The insurance shall indemnify against loss from liability imposed by law for damages on account of bodily injury, property damage, and personal injury. The automobile liability policy shall cover all owned, non-owned, and hired automobiles. 5.3Licensee shall cover or insure under the applicable laws relating to workers' compensation insurance, all of their employees working on or about the Right-of- Way, all in accordance with the 'Workers' Compensation and Insurance Act," Division IV of the Labor Code of the State of California and any Acts amendatory thereof. Licensee shall provide employers liability insurance in the amount of not less than one million dollars ($1,000,000) per accident for bodily injury and disease. By hislher signature hereunder, Licensee certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and it will comply with such provisions in connection with any work performed on the Site. Any persons providing services with or on behalf of Licensee shall be covered by workers' compensation (or qualified self-insurance). % 5.4The general liability and automobile liability policies are to contain, or be endorsed to contain the following provisions: a. NCTD, its directors, officers, employees, contractors, agents or authorized volunteers are to be named as additional insureds as respects liability arising out of Licensee's operations and activities or automobiles owned, leased, hired or borrowed by Licensee. The coverage shall contain no special limitations on the scope of protection afforded to NCTD, its directors, officers, employees, agents or authorized volunteers. b. For any claims arising from Licensee's operations or activities, Licensee's insurance shall be primary insurance to NCTD, its directors, officers, employees, contractors, agents or authorized volunteers. Any insurance, self-insurance or other coverage maintained by NCTD, its directors, officers, employees, agents or authorized volunteers shall not contribute to it. c. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to NCTD, its directors, officers, employees, contractors, agents or authorized volunteers. d. Licensee's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5.5All of the insurance shall be provided on policy forms and through companies reasonably satisfactory to NCTD. c 5.6 Insurance is to be placed with insurers having a current A.M. Best rating of no less than A-, VI1 or equivalent or as otherwise approved by NCTD. 5.7 Prior to execution of this License, Licensee shall file with NCTD a certificate of insurance signed by the insurer's representative. Such evidence shall also include confirmation that coverage includes or has been modified to include required provisions as set forth in section 5.4. Licensee shall, upon the reasonable demand of NCTD, deliver to NCTD such policy of policies of insurance. Each insurance policy required by this clause shall state or be endorsed to state that coverage shall not be amended or canceled, except after thirty (30) days prior written notice by U.S. mail has been given to NCTD. 5.8Every contractor or subcontractor of Licensee entering upon, using, or performing any work upon the Right-of-way by or on behalf of Licensee shall provide evidence of insurance required under this section 5 prior to entering upon the Right-of-way. . 5.9NCTD reserves the right to increase the limits for the insurance required by this section 5 to amounts recommended by NCTD's insurance risk manager or insurance representative. 6. Indemnification. Licensee agrees to protect, save, defend, and hold harmless NCTD and its Board and each member of the Board, the San Diego Northern Railroad, the National Railroad Passenger Corporation ("AMTRAK), the Southern California Regional Rail Authority ("SCRRA or "Metrolink), and the Burlington Northern Santa Fe Railway Company ("BNSF"). their officers, agents and employees from any and all liability or claim of liability, loss or expense, including defense costs and legal fees and claims for damages of whatsoever character, nature and kind, whether directly or indirectly arising from or connected with an act or omission of Licensee, or any employee, agent, invitee, or contractor of Licensee, or other person acting by or on behalf of Licensee on or about the Right-of-way, including, but not limited to, liability, expense, and claims for bodily injury, death, personal injury, or property damage; provided, however, that nothing herein shall relieve any party indemnified hereunder from liability to the extent that such liability arises from such party's sole established negligence or willful misconduct. The requirements as to the types and limits of insurance coverage to be maintained by Licensee as required by section 5, and any approval of such insurance by NCTD, are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by Licensee pursuant to this Agreement, including but not limited to the provisions concerning indemnification. 7. Construction. 7.1 Any work performed or caused to be performed by Licensee on the License Area shall be performed (a) at Licensee's sole cost and expense; (b) in accordance with any and all applicable laws, rules and regulations (including the NCTD’s rules and regulations) and (c) in a manner that is satisfactory to NCTD and which meets or exceeds the then applicable standards of the industry for such work. 7.2Licensee shall submit to NCTD for review and approval prior to commencement of any construction drawings, specifications, and other construction documents describing any proposed work in the License Area in sufficient detail to enable NCTD to determine the scope and nature of the proposed work and the potential effect of such work on the Right-of-way and train operations. NCTD may approve or disapprove any work in NCTDs sole and absolute discretion, and NCTD may require such changes or impose such conditions as NCTD, in its sole and absolute discretion, deems necessary or appropriate. 7.3Every individual who will be entering upon the License Area or Right-of-way under this Agreement, before entering, shall first obtain a Right of Entry Permit from NCTD. The Right of Entry Permit may require, among other things, that all persons entering the License Area first attend a class conducted by NCTD or NCTD‘s designee on Railroad Worker Protection Safety rules and regulations, that no person enter upon or use the License Area until flag protection has been provided, that Licensee take appropriate steps to protect the railroad facilities, that Licensee reimburse NCTD for all costs and expenses incurred by NCTD in connection with the foregoing and with NCTD’s review, processing, and inspection of any work performed by or for Licensee on the License Area, including an NCTD administrative fee, and that Licensee deposit with NCTD such amounts as NCTD determines to be necessary to cover the reimbursable costs and expenses prior to any entry upon the License Area. 8. Reimbursement of NCTD. Licensee shall reimburse NCTD, within 30 days of invoice, for all cost and expense incurred by NCTD in connection any work performed by or for Licensee on the License Area. These costs include, but are not limited to, NCTD staff time and consultants fees for the expenses of reviewing construction documents, conducting railroad safety training, marking out of railroad facilities, inspections, security, flag protection, the installation and removal of false work beneath tracks, equipment rentals, and restoration of the Right-of-way to the same condition as when Licensee entered thereon. Upon execution of this License, Licensee shall deposit with the NCTD the amount determined by NCTD to be the probable amount of reimbursable expenses. NCTD may deduct the costs and expenses from the deposit as such costs and expenses are incurred. Costs of services provided by NCTD employees will be charged at the employees’ fully loaded productive hourly rates (monthly salary and benefits divided by 150 hours). Services provided by NCTD consultants, equipment rentals, and other third party costs will be charged at cost plus a 7.2% administrative fee. Upon demand by NCTD, Licensee shall make any additional deposits that NCTD determines are necessary to reimburse NCTD for the costs and expenses incurred by NCTD. In the event that the costs and expenses incurred by NCTD exceed the amounts h ’. A deposited, Licensee shall reimburse NCTD for all such costs and expenses within 30 days of invoice. 9. Maintenance and Repair. Licensee shall, at Licensee's sole expense, maintain the Facility and License Area in a condition satisfactory to NCTD and in accordance with applicable governmental codes. Licensee shall be responsible for any citations issued by any agency having jurisdiction as a result of Licensee's failure to comply with any applicable law, regulation, ordinance, rule, or order. 10. Taxes. Nothing contained in this Agreement shall be construed to exempt the Licensee from any tax levy or assessment which is or may be hereafter lawfully imposed. Notice is hereby given pursuant to Revenue and Tax Code Article 107.6 that this License may create a property interest subject to property taxation and may subject Licensee to the payment of property taxes levied on such interest. <l.Defau/t; Termination. In the event that Licensee fails to perform any obligation under this Agreement, Licensee shall pay all costs and expenses incurred by NCTD in obtaining performance of such obligations, including costs of suit and reasonable attorney's fees. If Licensee uses the Right-of-way for any purpose not expressly authorized by this Agreement or fails to act strictly in accordance with the terms and conditions of this.Agreement, and if such default is not corrected within 30 days' notice from NCTD to Licensee, NCTD may terminate this Agreement and prevent Licensee from using or remaining upon the Right-of-way. If NCTD determines that any default by Licensee does or has the potential to cause a danger to the Right-of- Way or railroad operations, NCTD may immediately and without prior notice to Licensee terminate this Agreement and prevent Licensee from using or remaining upon the Right-of-way, with or without process of law. Unless NCTD specifies otherwise in writing, upon termination of this Agreement, Licensee shall, at Licensee's sole expense, remove the Facility and all other Licensee improvements in or upon the Right-of-way and restore the Right-of-way in a manner satisfactory to NCTD. Should Licensee fail or refuse to comply with the terms of this section, NCTD may, at its option, perform such work, and Licensee shall reimburse NCTD for all costs and damages so incurred. 12.Service ofNofice. Except as otherwise provided in this Agreement, any notice required or permitted to be given hereunder shall be in writing and may be given by personal delivery or by certified or registered mail, and shall be deemed sufficiently given if delivered or addressed to Licensee at the address listed below the Licensee's signature or to NCTD at North San Diego County Transit Development Board, 810 Mission Avenue, Oceanside, CA 92054, Attention: Manager of Real Estate. Mailed notices shall be deemed given upon actual receipt at the address required, or forty-eight hours following deposit in the mail, postage prepaid, whichever first occurs. Either party may by notice to the other specify a different address for notice purposes. 7 13. Vibration and Noise From Train Operation; Barricades. Licensee recognizes and acknowledges that railroad tracks are located on or adjacent to the License Area, and that the operation of trains over the tracks does and will produce vibrations which may affect the Facility and Licensee's use of the License Area. With knowledge and understanding of these facts, Licensee by execution of this Agreement, agrees that no legal action or complaint of any kind whatsoever shall be instituted against NCTD by Licensee or on Licensee's behalf as a result of vibrations or as a result of the use of the railroad tracks in general. 14.Laws, Venues, and Attorneys' Fees. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Diego, State of California. In the event of any claim, legal action or proceeding between the parties arising under or concerning this License, the prevailing party shall be entitled to reasonable ' attorneys' fees and expenses as part of the judgment resulting therefrom. 15.Acceptance ofLicense Area. Licensee accepts the License Area in its present physical "as-is" condition, and agrees to make no demands upon NCTD for any improvements or alterations. By signing this License, Licensee represents and warrants that Licensee has independently inspected the License Area and the area immediately surrounding and made all investigations, tests, and observations necessary to satisfy Licensee as to the condition of the License Area, zoning and land use laws, regulations, and ordinances affecting the License Area, and all of the conditions, restrictions, encumbrances, and other matters of record relating to the License Area. Licensee agrees that Licensee is relying solely on Licensee's independent inspection and that NCTD has made no warranty or representation with regard to the License Area. NCTD shall not be responsible for any latent defect or change in condition in the License Area and Licensee's obligations under this License shall not be diminished on account of any defect in the License Area, any change of condition, or any damages occurring on the License Area. In case of the eviction of Licensee by anyone owning or claiming title to or any interest in the License Area, NCTD shall not be liable to Licensee for any damage of any nature whatsoever or to refund any moneys paid hereunder. Licensee hereby releases NCTD from all future claims, actions, or demands that Llcensee may have or may hereinafter have, known and unknown, in any way relating to the quality, fitness, or condition of the License Area, and Licensee specifically waives all rights under California Civil Code section 1542, which provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." X 1 IN WITNESS WHEREOF, the parties have signed below, effective as of the Effective Date, by their duly authorized representatives. NCTD: Licensee: North San Diego County Transit City of Carlsbad Development Board By: Martin C. Minkoff, Executive Director Attest: M LoMnk Wood, City Clerk Licensee's Address: 1200 Carlsbad Village Drive Carlsbad, CA 92008 APPROVED AS TO FORM: 44?dom D@uty City Attorney EXHIBIT 'A' LEGAL DESCRIPTION FOR DRAINAGE EASEMENT PR 02-10 BEING A PORTION OF LOT 3 OF FRACTIONAL SECTION 29 IN TOWNSHIP 12 SOUTH, RANGE 4 WEST, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALI- FORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING WITHIN THE SAN DIEGO NORTHERN RAILWAY RIGHT-OF-WAY (FORMERLY KNOWN AS THE ATCHISON, TOPEKA AND SANTA FE RAILROAD RIGHT-OF-WAY) PER QUITCLAIM DEED RECORDED DECEMBER 15, 1992 AS DOCUMENT NO. 1992-0802209 OF OFFICIAL RECORDS, INCLUDED WITHIN A STRIP OF LAND 30.00 FEET WIDE, LYING 15.00 FEET ON EACH SIDE OF THE FOLLOWING DE- SCRIBED LINE: COMMENCING AT THE SOUTHWEST CORNER OF LOT 1, CARLSBAD TRACT NO. 97-10, RECORDED 21 MAY, 1999 AS MAP NO. 13785, BEING A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF SAID SAN DIEGO NORTHERN RAILWAY RIGHT-OF-WAY; THENCE NORTHERLY ALONG THE WESTERLY BOUNDARY OF SAID MAP 13785 AND SAID EASTERLY RIGHT-OF-WAY LINE NORTH 20"27'52" WEST 122.23 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID WESTERLY BOUNDARY 1. 2. 3. SOUTH 35' 06' 30" WEST 6.77 FEET TO THE BEGINNING OF A TANGENT 100.00 FOOT RADIUS CURVE CONCAVE TO THE NORTHWEST; THENCE ALONG THE ARC OF SAID CURVE SOUTHWESTERLY 36.97 FEET THROUGH A CENTRAL ANGLE OF 21"10'50"; THENCE NORTH 56"17'20" WEST 84.71 FEET; TO THE INTERSECTION WITH EASTERLY LINE OF THAT CERTAIN UNRECORDED DRAINAGE EASEMENT ON FILE AT THE CITY OF CARLSBAD, AS CITY OF CARLSBAD EASEMENT PLAT NO. PR 99- 79. SAID INTERSECTION BEING THE POINT OF TERMINUS. PAGE 1 OF 2 THE SIDELINES OF SAID STRIP OF LAND ARE TO TERMINATE IN THE EAST ON THE WESTERLY BOUNDARY OF SAID MAP NO. 13785 AND IN THE WEST ON THE EASTERLY LINE OF SAID UNRECORDED DRAINAGE EASEMENT. CONTAINS 3,854 SQUARE FEET, MORE OR LESS. NO. 17190 LS 7190 Exp. date 123103 EXPIRATION DATE 12/31/03 IS I DFSm/PnM: BEING A PORTION OF LOT 3 OF FRACTIONAL SECTION 29 IN TOWSHIP 12 SOUTH, RANGE 4 #€ST. IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF ON FILE IN THE WE OF THE COUNTY RECORDER OF SAID COUNX LVNG WHIN THE SAN DIEGO NORTHERN RAILWAY RIGHT-OF-WAY (FORMERLY KNOW AS THE ATCHISON, TOPEKA AND SANTA FE RAILROAD RIGHT-OF-WAY). BAYS of BFARINGS: THE BASIS OF BEARINGS FOR THIS SUREY IS THE KSERLY BOUNDARY OF MAP NO. 13785, RECORDED MAY 21, 1991, OFFICIAL RECORDS of SAN DIEGO COUNTY. I.€. N2027’52.W LZGEND: AREA = 0.088 ACRES OR 3854 S.F. INDICATES DRAINAGE EASEMENT P.O.B. INDICATES POlNT OF BEGINNING TP.0.B. INDICATES TRUE PCYNT of BEGINNING ( ) INDICATES RECORD DATA PER MAP NO. 13785 INDICATES SEER EASEMENT TO THE CYTY OF CARLSBAD RECORDED AUGUST 27, 1973 AS FILE NO. 73-240995 O.R. INDICATES IRREVOCABLE OFFER TO DEDlCA TE CONSERVATION EASEMENT TO THE CALIFORNIA DEPARWENT OF FISH AND GAME RECORDED AUGUST 12, 1994 AS FILE NO. 94-049179 INDICATES AN UNRECORDED DRAINAGE EASEMENT TO THE CITY OF CARLSBAD AS SHOW ON PR 99-79 INDICATES AN UNRECORDED DRAINAGE EASEMENT TO THE CITY OF CARLSBAD AS %OW ON PR 00-50 Q!N& AUTHORITY OF xcnm 125000 ET SEQ. OF THE CALIFORNIA PUBLIC ununEs CODE. NORTH SAN DIEGO COUNTY TRANSIT DEKLWMENI BOARD, A PUBLIC ENTITY EXISTING UNDER THE .JmmJw NO SCALE 30’ DRAINACX EASEMENT PLA T-CITY OF CARLSBAD 4PPUCANr 1 PREPARED BE WN LAING HOMES PRMClDESIGN CONSUL TANK f95 DOE SI. SUITE 110 701 B STREET, SUITE 8W IEWCMT BEACH, CA 9266 SAM DIEGO, CA 92101 A. P. N. 214-150-12 PR 02-10 CT nn-16 T: \Mapping\206s~lat\os-sd.dwg Apr 17. 2002 UNE TABLE GRAPHIC SCALE N35U6'3O"E 6.77' CURE TABLE BEARING CURE I DELTA I RADlUS I LENGM 36.9 7' (m=) Cl I 217O'sO" I 100.00' I I inch = 60 fi EXHIB/T 9' wm2 ff 2 30' DRAINAGE EASEMENT PLAT-CITY of CARLSBAD APPUCANZ I PREPARED BK WN LAING HOMES PRCMClDE57GV ClMlSuLTANlS ?95 DOE ST, SUllE 110 701 B SlREEc WIlE 800 /EWORT BEACH, CA 9266 SAN DIEGO, CA 92101 A. P. N. 214-150-12 PR 02-10 CT 00-16 T: \Mapping\2068~Iat\o-~.dwg ~, Apr 17, 2002 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 I1 E.-.* " ~, .,.; i, RESOLUTION NO. 2002-142 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE FINAL MAP FOR PROPERTIES, P.A. 2, 3, & 4) AND AUTHORIZING THE CITY CLERK TO PROCESS THE MAP FOR RECORDING. (1 WHEREAS, OBSLP Carlsbad, A Delaware limited liability company, has submitted a final CARLSBAD TRACTCT 00-16, WATERS END (POINSETTIA map known as Carlsbad Tract CT 00-16 to the City of Carlsbad for approval; and WHEREAS, the tentative map of Carlsbad Tract CT 00-16 with conditions, was approved by the Planning Commission on June 20, 2001, pursuant to Resolution No. 4997 and by City Council on July 24, 2001 pursuant to Resolution 2001-230; and 11 WHEREAS, the Public Works Director has determined that said map substantially conforms to said conditionally approved tentative map; and WHEREAS, the conditions of approval for said final map have been completed or secured; and WHEREAS, the developer has offered public easements for dedication to the City of s. Carlsbad; and" .. WHEREAS, the final map conforms to the City of Carlsbad General Plan and all requirements of City codes and standards: and " WHEREAS, the City Council of the City of Carlsbad determined it to be in the public interest to approve said final map. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, I( California, as follows: 1. That the above recitations are true and correct. 2. That said final map known as Carlsbad Tract CT 00-16, Waters End, which is on file with the Public Works Director and is incorporated herein by reference, is accepted. I/ 3. That the City accepts the dedications as shown on the final map. 4. That the City Clerk is authorized to cause the original final map to be recorded in the Office of the County Recorder of San Diego County, State of California. Ill Ill Ill , I I 11 1' 1: 1: ld 11 1E 17 1s 19 20 21 22 23 24 25 26 27 28 5. That the City Clerk is authorized to release the map to Fidelity National Title Zompany for recording in the Office of the County Recorder. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council leld on the 14th day of MAY , 2002 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Finnila, Nygaard, Hall NOES: None TTEST: J/77m OmI& M. WOOD, City Clerk sge 2 of 2 of Resolution No. 2002-142