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HomeMy WebLinkAbout2003-03-11; City Council; 17095; Reimbursement Agreements for Frontage ImprovementsCITY OF CARLSBAD - AGENDA BILL 4B# 17,095 TITLE: APPROVE AND AUTHORIZE REIMBURSEMENT AGREEMENTS POINSETTIA LANE REACH C, PROJECT NO. 3673 IIITG. 311 1/03 AND APPROPRIATION OF FUNDS IEPT. ENG FOR FRONTAGE IMPROVEMENTS ALONG RECOMMENDED ACTION: CITY MGR. Adopt Resolution No. 2003-O63 to approve and authorize reimbursement agreements with Redeemer by the Sea Lutheran Church of Carlsbad and Keystone Carlsbad 28 LLC for frontage improvements along Poinsettia Lane Reach C, Project No. 3673, and appropriation of funds. ITEM EXPLANATION: Redeemer by the Sea Lutheran Church of Carlsbad, and Keystone Communities (the "Developers") own property along the future Poinsettia Lane Reach C, see Exhibit 1. Both Developers have approved Carlsbad tracts and they are proceeding with the development process. The Redeemer by the Sea Lutheran Church is currently grading its site. In conjunction with its grading activities, it is completing the full-width grading of Poinsettia Lane Reach C. The full-width grading of Poinsettia Lane Reach C is being constructed as part of a reimbursement agreement approved by the City Council on September 24, 2002. Subsequent to the reimbursement agreement for the full-width grading noted above, the City has advertised the roadway, median, storm drain, sewer, water and recycled water system improvements along Poinsettia Lane Reach C for construction bids. This City project includes a set of optional construction items for the Developer's frontage improvements. The Developer's frontage improvements include items such as the outside travel lanes, curb and gutter, sidewalk, median paving, landscaping and irrigation. The subject reimbursement agreements would expedite the construction of roadway improvements by enabling the City's contractor to construct all of the roadway improvements, including the Developer's frontage improvements, in conjunction with the remaining roadway and utility construction. The Developers have signed their respective agreements and made an initial deposit of $7,150 pursuant to the agreements. Prior to constructing the frontage improvements the Developers are required to deposit the remaining estimated costs of the improvements as included in the bids received by the City. ENVIRONMENTAL: The potential impacts of the construction of this portion of Poinsettia Lane have been reviewed consistent with the California Environmental Quality Act as part of the certified Environmental Impact Report for the Zone 20 Specific Plan (EIR 90-03). In addition, the Mitigated Negative Declaration for the De Jong residential project (CT 98-05) was certified on November 30, 1998, and the Negative Declaration for the Redeemer by the Sea project (CT 00-22) was certified on February 12, 2002. The Planning Director determined that the environmental effects of this project have already been considered in conjunction with the previously mentioned environmental documents and, therefore, no additional environmental review is required. A public Notice of Prior Environmental Compliance was published on January 6, 1999, and a Notice of Determination was filed immediately thereafter. FISCAL IMPACT: To date, the City Council has appropriated $2,607,000 to the Poinsettia Lane Reach C project from the Bridge and Thoroughfare District #2 (BTD #2) fund. Since recent bid prices for the roadway improvements exceeded the previous estimate, the total cost for the project has increased to $3,122,900, requiring an additional appropriation from the BTD #2 fund of $515,900. Page 2 of Agenda Bill No. l7 Og5 Part of the additional appropriation represents costs for the remaining frontage improvements (estimated at $344,500) which will be funded by the Developers. Funds for these cost will be deposited by the Developers with the City prior to awarding the related construction contract. The remaining amount of the appropriation ($171,400) will have to be loaned to the BTD #2 fund from the Gas Tax fund because insufficient BTD #2 fees have been collected to date to pay for the additional costs. Council previously approved loans to the BTD #2 fund from the GCC fund totaling $840,000 and a loan from the Gas Tax fund for $2.5 million. These loans paid for the School District’s share of the road improvements ($1.5 million) and provided cash flow to pay current obligations for the road. Including the new loan of $171,400, the BTD #2 fund has been loaned a total of $3.5 million. These loans will be repaid as the adjacent land develops and the BTD #2 fees are collected. The following table summarizes the roadway project costs. per subject reimbursement agreements Roadway surface improvements via City contract $546,483 Construction contingency $54,669 Inspection, testing, and construction management $54,648 ESTIMATED PROJECT COSTS $3,422,900 B&TD #2 EXISTING APPROPRIATIONS $2,607,000 ADDITIONAL APPROPRIATIONS: $51 5,900 Developers ($344,500) LESS DEVELOPERS CONTRIBUTION B&TD #2 Gas Tax $171,400 LOAN FROM GAS TAX TO THE BTD #2 FUND Subtotal Developers $344,500 Subtotal B&TD #2 $655,800 EXHIBITS: 1. Project site map. 2. Resolution No. 2003-063 to approve and authorize reimbursement agreements with Redeemer by the Sea Lutheran Church of Carlsbad and Keystone Carlsbad 28 LLC for frontage improvements along Poinsettia Lane Reach C, Project No. 3673 and appropriation of funds. 3. Reimbursement agreement with Redeemer by the Sea Lutheran Church. 4. Reimbursement agreement with Keystone Carlsbad 28 LLC. 2 LOCATION MAP NOT TO SCALE PROJEC T NOT TO SCALE PROJECT NAME PROJECT SITE MAP EXHIBIT 1 S~~OlNSElllA-R.kDLEMER BY WE SA.DWI; 3 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 la 19 20 21 22 23 24 25 26 27 28 &yH i@>j"T * 2 RESOLUTION NO. 2003-063 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, TO APPROVE AND AUTHORIZE REIMBURSEMENT AGREEMENTS WITH REDEEMER BY THE SEA LUTHERAN CHURCH OF CARLSBAD AND KEYSTONE CARLSBAD 28 LLC FOR FRONTAGE IMPROVEMENTS ALONG POINSETTIA LANE REACH C, PROJECT NO. 3673 AND APPROPRIATION OF FUNDS. WHEREAS, the City of Carlsbad proposes to construct Poinsettia Lane Reach C, Black Rail Road to just west of Ambrosia Lane, pursuant to City Project No. 3673; and WHEREAS, Redeemer by the Sea Lutheran Church of Carlsbad (the "Developer") is the Developer of the City approved project known as Carlsbad Tract 00-22, Redeemer by the Sea (the "Project"); and WHEREAS, Keystone Carlsbad 28 LLC (the "Developer") is the Developer of the City approved project known as Carlsbad Tract 98-05, De Jong Residential Project (the "Project"); and WHEREAS, the City Engineer has determined that having the frontage improvements along Poinsettia Lane Reach C, which are a condition of Carlsbad Tract 00-22 and Carlsbad Tract 98-05, constructed by the City's contractor will expedite the construction of Poinsettia Lane Reach C; and WHEREAS, agreements with Redeemer by the Sea Lutheran Church and Keystone Carlsbad 28 LLC for the reimbursement of costs for the design and construction of Poinsettia Lane Reach C have been prepared; and WHEREAS, an additional appropriation of $515,900 is required to complete the road project; and WHEREAS, approximately $344,500 of the additional appropriation will be funded by developer deposits; and WHEREAS, the remaining $171,400 will be loaned to the BTD #2 fund from the Gas Tax fund; and WHEREAS, there are sufficient Gas Tax funds for the loan to the BTD #2 project. 71 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 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the reimbursement agreements are hereby approved. 3. That the Mayor is hereby authorized to execute the reimbursement agreement with Redeemer by the Sea Lutheran Church of Carlsbad, a California non-profit religious corporation. 4. That the Mayor is hereby authorized to execute the reimbursement agreement with Keystone Carlsbad 28 LLC. 5. That the Finance Director is authorized to loan $1 71,400 from the Gas Tax fund to the BTD #2 fund and appropriate $515,900 to the BTD #2 project. 6. That estimated revenues of $344,500 will be budgeted for the developer deposits. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 11th day of MARCH , 2003 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard ATTEST Page 2 of 2 of Resolution No. 2003-063 (SEAL) f AGREEMENT FOR REIMBURSEMENT OF COSTS FOR DESIGN & CONSTRUCTION OF IMPROVEMENTS FOR POINSETTIA LANE (APN: 215-080-22) THIS AGREEMENT FOR REIMBURSEMENT OF COSTS CONSTRUCTION OF IMPROVEMENTS FOR POINSETTIA ALONG FOR DESIGN AND THE FRONTAGE OF APN: 215-080-22 ("Reimbursement Agreement"), dated as of 14 a&IA 2W2- ("Effective Date"), is made at San Diego County, California, between the REDEEMER BY THE SEA. LUTHERAN CHURCH OF CARLSBAD, a California non-profil religious corporation ("Developer"), and the CITY OF CARLSBAD, a municipal corporation of the State of California ("City"), with reference to the following: RECITALS A: Developer is contemplating the construction of improvements on property identified as Assessor's Parcel Number 215-080-22 and known as the REDEEMER BY THE SEA PROJECT, CT 00-22, ("Project") located south of future Poinsettia Lane and east of Black Rail Road. City's Planning Commission, by Planning Commission Resolution No. 5122, recommended conditional approval of the Project on January 2, 2002. 6. CT 00-22 Condition of Approval No. 48 requires Developer to execute an agreement to install street improvements along Poinsettia Lane. C. The improvements along Poinsettia Lane Street are connected to the City's Capital Improvement Program and since it is in the best interest of both the Developer and City to construct both the developer required frontage improvements and the remaining full width improvements ("Joint Improvements") at the same time by the same contractor, therefore certain costs incurred by City in performing the design and construction of Joint Improvements are reimbursable from the Developer.. NOW, THEREFORE, the City and Developer agree as follows: I. Recitals. 'The above Recitals are true and correct and are incorporated herein by this reference. 2. Citv Obliqations. In consideration of Developer's reimbursement and other undertakings as set forth herein, City agrees to perform the following in order to construct the frontage improvements defined below (collectively, the "City Obligations"). Joint Improvements Complete the design of CIP Project for Poinsettia Lane, DWG 379-6; Obtain City approval of the CIP Project; Roadway grading per DWG 379-6; Construct street improvements including subgrade preparation, aggregate base, asphalt paving and concrete curb and gutter, median curb, median paving, median landscaping and irrigation, street lights per DWG 379-6; Construct storm drain and sewer system improvements per DWG 379-6; Rev. 212 1 102 -1 - 3. Developer Obligations. (a) The parties acknowledge that the remaining items of work required by , Condition 48, other than those items to be constructed as a part of the City Obligations under this agreement will be constructed by Developer and are not reimbursable by City to Developer. (b) Developer’s agreement to have City construct the Poinsettia Lane Improvements above shall constitute partial compliance with Condition 48 of CT 00-22 excepting therefrom any remaining improvements required or as may be proposed by Developer. City’s performance of the City’s Obligations under this agreement is expressly agreed by Developer to be contingent upon Developer’s entry into, and performance under, this Reimbursement Agreement 4. Reimbursable Work. (a) All work giving rise to Reimbursable Expenses is referred to as “Reimbursable Work”. Reimbursable Work includes, but is not limited to, “Reimbursable Construction Work and “Reimbursable Incidental Work” both of which are defined below. A preliminary cost estimate of all Reimbursable Expenses is shown in Exhibit C. (b) With respect to all hard costs of construction for the Poinsettia Lane Improvements comprising Reimbursable Work (collectively “Reimbursable Construction Work), City shall solicit bids from contractors. Reimbursable Construction Work shall be bid together with Non Reimbursable work for that portion of the Joint Improvements, which are being bid by such contractor. Upon selection of the contractor by City and agreement upon a contract amount, the costs thereof shall be allocated among the bid items consistent with the method and process used in the Exhibit C. The parties agree that the spreadsheet attached hereto as Exhibit C is a fair allocation of the costs under such contract as among the items of Reimbursable Work and Non Reimbursable Work. Costs shown in Exhibit C are subject to modification through change orders pursuant to Paragraph 4(c) of this Agreement. (c) All change orders affecting Reimbursable Work shall be subject to approval by both City and Developer. At the time of approval, the parties shall also determine the portion of the change order which is allocated to Reimbursable Work. In making such decisions, the parties shall be guided by the principle that if a change order is necessary due to changed circumstances or oversight in original design, or if it is required in order to perform the applicable portion of the Poinsettia Lane Improvements in an orderly, reasonable and prudent manner according to the standard engineering and construction practice applicable to the improvements, then the allocation of the portion to Reimbursable Work should be in proportion to the allocation as between Reimbursable Work and Non-Reimbursable Work in Exhibit C for that portion of the Poinsettia Lane Improvements. (d) Reimbursable Work will also include the expense to the City for design coordination, project management and inspection of the Poinsettia Lane Improvements (collectively “Reimbursable Incidental Work”). The City currently estimates the total cost of Reimbursable Incidental Work as $18,110.23 including the 4% overhead allocation specified in Paragraph 4(g) of this agreement. (e) During the performance of any Reimbursable Work, City shall retain detailed’ payment records for all items of Reimbursable Work, for review by Developer. City’s requests for reimbursement (each, a “Reimbursement Request”) shall include copies of bids received, invoices, lien releases and other documentation reasonably required by Developer to evidence the completion and payment for each item of Reimbursable Work. Rev. 2/21 102 -2 - (f) Exhibit C sets forth the preliminary cost estimate for both the Reimbursable Work and the Non-Reimbursable work stated in Paragraph 3(a) above. The parties acknowledge that Exhibit C, is for illustrative purposes only and that Developer is responsible for payment of all costs as requested by the City in accordance with the procedures of Paragraph 5 below. (9) City shall be entitled to an overhead allocation of four percent (4%) of actual Reimbursable Expenses in lieu of other reimbursement for City’s costs incurred for salary and benefits for office staff of City’s engineering department, purchasing department, finance department, field supervision above the level of on-site inspector, and general legal and accounting fees. 5. Pavment of Reimbursable Expenses. (a) Payment for Reimbursable Expenses shall be made by Developer in the following stages: 1) Deposit of $7,150 with the Developers signed copy of this Reimbursement Agreement and before signature by the City to reimburse City for a portion of the Reimbursable Incidental Work. 2) Deposit in an amount equal to the remaining Reimbursable Incidental Work plus the contractor’s bid amount for Reimbursable Construction Work plus ten percent (10%) for potential change orders within 15 calendar days after City receives bids on the Joint Improvements and prior to award of contract by City. 3) Payment of actual Reimbursable Expenses plus the overhead allocation of four percent (4%) less deposits shall be made within 30 calendar days after the date of City’s Reimbursement Request. (b) At such time as the Reimbursable Expenses are known to exceed the total payments made by Developer for the Project, then Developer shall make payment of any additional Reimbursable Expenses within 30 calendar days after the date of City’s Reimbursement Request. (c) After the Notice of Completion is filed and the Developer has paid the actual final Reimbursable Expenses as required in the Paragraphs 5 (a) and 5 (b) above, the City will return any excess deposits that exceed the total of the actual Reimbursable Expenses plus the four percent overhead allocation pursuant to this agreement. 6. Disputes/Claims. If a dispute should arise regarding the performance or interpretation of this Agreement, the following procedure shall be used to resolve any question of fact or interpretation not informally resolved by the parties. Such questions, if they become identified as a part of a dispute among persons operating under the provisions of this Agreement shall be reduced to writing by the principal of Developer or the City’s Director of Public Works (the “Director”). A copy of such documented dispute shall be forwarded to both parties involved along with recommended methods of resolution which would be of benefit to both parties. The Director, or principal, upon receipt, shall reply to the letter, including a recommended method of resolution within ten (IO) days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the dispute shall be forwarded to the City Council for their resolution through the office of the City Manager. The City Council may, but is not obligated to resolve the dispute. If the City Council considers the dispute, and directs a solution, the action of the City Council shall be the final administrative remedy for the parties involved, although nothing in this procedure shall prohibit the parties from seeking remedies available to them at law. Rev. 2/2 1 /02 -3 - 7. Termination and Release. This Agreement and the covenants contained herein shall be binding upon and inure to the benefit of the Developer and City. Upon performance of the obligations referred to in Section 5 for the Project and after City has filed the Notice of Completion for the Joint Improvements, the provisions of this Agreement shall no longer apply and shall automatically terminate as to the Project. Upon the request of Developer, City shall execute and deliver to Developer any further documents and/or instruments reasonably necessary to evidence that the Project is thereafter fully released and free from the provisions of this Agreement, provided that the cost of preparing such documents and/or instruments shall be paid by Developer. 8. Assignment of Agreement. Developer shall not assign this agreement or any part thereof or any monies due thereunder without the prior written consent of the City. 9. Notices. Unless otherwise specifically provided herein, all notices, demands or other communications given hereunder shall be in writing and shall be deemed to have been duly delivered upon personal delivery, or by Federal Express (or similar reputable express delivery service), or by facsimile transmission with back-up copy mailed the same day, or as of the second business day after mailing by United States Certified Mail, return receipt requested, postage prepaid, address as specified herein. Notices required to be given to Developer shall be addressed as follows: Redeemer by the Sea Lutheran Church of Carlsbad Attn: Ron Mazone 6356 Corte Del Abeto #I 00 Carlsbad, CA 92009 Phone: (760) 431 -8990 Fax: (760) 431 -8990 Notices to City shall be delivered to the following: CITY OF CARLSBAD Engineering Department Attention: Public Works Director 1635 Faraday Avenue Carlsbad, CA 92008 Telephone: (760) 602-2730 FAX: (760) 602-8562 Each party shall notify the other immediately of any changes of address that would require any notice delivered hereunder to be directed to another address. IO. Counterparts. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which counterparts taken together shall constitute one and the same instrument. 11. Goveminq Law and Venue. This Agreement shall be interpreted and enforced under the laws of the State of California, and venue shall reside in San Diego County, California. 12. ComDlete Arrreement. This Agreement contains the entire agreement between the parties with respect to the subject matter contained herein, and supersedes all negotiations, discussions, and prior drafts with respect to this subject matter. -4 - Rev. 2/2 1 /02 13. Amendment. This Agreement may only be amended by a written instrument executed by both City and Developer (including for this purpose any'successors of Developer, to the extent of their ownership of real property within Project). 14. No Third Party Beneficiaries. This Agreement shall not be deemed to confer any rights upon any individual or entity which is not a party hereto, and the parties hereto expressly disclaim any such third-party benefit. 15. Severabilitv. The invalidity or unenforceability of any provision of this Agreement, as finally determined by a court of competent jurisdiction, shall in no way affect the validity or enforceability of any other provision hereof. -5 - Rev. 2/21/02 16. Exhibits. The following exhibits are attached to and by this reference incorporated into and made a part of this Reimbursement Agreement: A. Planning Commission Resolution NO. 5122 8. Grant Deed of Easement C. Preliminary Cost Estimate of Reimbursable Expenses IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first above written. DEVELOPER: REEDEMER BY THE SEA LUTHERAN CHURCH OF CARLSBAD, a California non-profit religious corporation By: Printed Name: By: ATTEST: (Proper notarial acknowledgment of execution by Contractor must be attached. Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) APPROVED AS TO FORM: RONA R. BALL, City Attorney A Rev. 2/2 1/02 -6 - CALIFORNIA ALL=PURPOSE ACKNOWLEDGMENT State of California County of ~/GV On -fib- a/- 4 WdL before me, &PJt@t,?-k* fiflw, MjMybL /i , personally appeared flA2L'dg Date ' Name and Titled Gfhr (e.g ?Jane Doe. Natary Public") Name(s) of Signer(s) 0 personally known to me dproved to me on the basis of satisfactory evidence to be the persong) whose name@) is/- subscribed to the within instrument and acknowledged to me that held&hy executed the same in his/- ' authorized capacity(&), and that by his/h&kir signatureo on the instrument the person@& or the entity upon behalf of which the person(@ acted, executed the instrument. COMM. #1299548 NOTARY PUELICCALlFORNlA Though the information below is not required by law, it may prove valuable to persons relying on fhe document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer 0 Corporate Officer -Title@): 0 Partner - 0 Limited General 0 Attorney-in-Fact Signer Is Representing: 0 1999 Nallonal Nolaty Assoclallon * 9350 De Solo Ave., PO. Box 2402 . Chaisworth. CA 91313-2402 * www nationalnotary.org Prod No. 5907 Reorder: Call Toll-Free 1-800-876-6827 I 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 PLANNING COMMISSION RESOLUTION NO. 5122 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING 10.26 ACRES INTO 14 LOTS ON PROPERTY GENERALLY LOCATED EAST OF BLACK RAIL ROAD AND SOUTH OF POINSETTIA LANE IN LOCAL FACILITIES MANAGEMENT ZONE 20. CASE NAME: REDEEMER BY THE SEA CASE NO.: CT 00-22 WHEREAS, Redeemer by the Sea Lutheran Church of Carlsbad, “Developer and Owner,” has filed a verified application with the City of Carlsbad regarding property described as CARLSBAD TRACT NUMBER CT 00-22 TO SUBDIVIDE The north half of the southwest quarter of the southeast quarter of section 22, township 12 south, range 4 west, San Bernardino base and meridian, in the County of San Diego, State of California, according to official plat thereof. (“the Property”); and WHEREAS, said verified application constitutes a request for a Tentative Tract Map as shown on Exhibit(s) “A” - “Xn dated January 2,’ 2002, on file in the Planning Department REDEEMER BY THE SEA - CT 00-22, as provided by Chapter 20.12 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 2nd day of January 2002, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of persons desiring to be heard, said Commission considered all factors relating to the Tentative Tract Map. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. -q-j= “ A” 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 B) That based on the evidence presented at the public hearing, the Commission APPROVES REDEEMER BY THE SEA - CT 00-22, based on the following findings and subject to the following conditions: Findings: 1. That the proposed map and the proposed design and improvement of the subdivision as condtioned, is consistent with and satisfies all requirements of the General Plan, any applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State Subdivision Map Act, and will not cause serious public health problems, in that the lots being created satisfy all minimum requirements of Title 20 governing lot sizes and configuration and have been designed to comply with all other applicable City regulations including the Zone 20 Specific Plan. 2. That the proposed project is compatible with the surrounding future land uses in that surrounding properties are designated for Residential Low Medium (RLM) development on the General PIan, and in that RLM is the same general plan land use designation as the project site, and surrounding development is single family residential. 3. That the site is physically suitable for the type and density of the.development since the site is adequate in size and shape to accommodate residential development at the density proposed, in that the project site can accommodate the proposed residential development while providing the required lot area, all required setbacks and improvements mandated by applicable city regulations. 4. That the design of the subdivision or the type of improvements will not conflict with easements of record or easements established by court judgment, or acquired by the public at large, for access through or use of property within the proposed subdivision, in that the project is designed and conditioned to avoid conflicts with any established easements. 5. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act). 6. That the design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision, in that lots will have southern exposure for passive heating and all lots will benefit from ocean’ breezes for cooling. 7. That the Planning Commission has considered, in connection with the housing proposed by this subdivision, the housing needs of the region, and balanced those housing needs against the public service needs of the City and available fiscal and environmental resources. 8. That the design of the subdivision and improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their PC RES0 NO. 5122 -2- 1 2 1 4 5 6 7 a 9 1c 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9. 10. 11. habitat, in that there is no sensitive habitat on the site or offsite which the project will impact. That the discharge of stom water from the subdivision will not result in violation of existing California Regional Water Quality Control Board requirements, in that lot drainage will typically filter through the front yard landscape prior to exiting to the storm drain system. ~- The Planning Commission finds that the project, as conditioned herein, is in conformanee with the Elements of the City's General Plan, based on the facts set forth in the staff report dated January 2,2002 including, but not limited to the following: A. Land Use - The project is consistent with the City's General Plan since the proposed density of 3.2 ddacre is within the density range of 0-4 ddacre specified for the site as indicated on .the Land Use Element of the General Plan. B. Circulation - The circulation system is designed to provide adequate access to the proposed lots, adjacent properties and complies with all applicable'city design standards. C. Housing - That the project is consistent with the Housing Element of the General Plan and the Inclusionary Housing Ordinance as the Developer has been conditioned to pay the Affordable Housing In-Lieu fee. D. Public Safety - Required facilities have been conditioned to be constructed or are shown on the project plans. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 20 and all City public facility policies and ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding: sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, dated to the project will be installed to serve new development prior to or concurrent with need. Specifically, A. The project has been conditioned to provide proof from the Carlsbad Unified School District that the project has satisfied its obligation for school facilities. B. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be collected prior to issuance.of building permit C. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to the issuance of building permit. D. The project has been conditioned to provide improvements to Poinsettia Lane and Black Rail Road. PC RES0 NO. 5 122 -3- 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 12. 13. 14. 15. 16. The project has been conditioned to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued.availability of public facilities and will mitigate any cumulative impacts created by the project. This project has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 20. The project is consistent with the Comprehensive Land Use Plan (CLUP) for the McClellan-Palomar Airport, dated April 1994, in that as conditioned the applicant shall record a notice concerning aircraft noise. The project is compatible with the projected noise levels of the CLUP; and, based on the noisdland use compatibility matrix of the CLUP, the proposed land use is compatible with the airport, in that it is within acceptable noise levels created by the airport. That the project -is consistent with the City's Landscape Manual (Carlsbad Municipal Code Section 14.28.020 and Landscape Manual Section I B). The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final map. 1. If 'any of the following conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building .permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Tentative Map. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Tentative Map documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. 3. The Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. PC RES0 NO. 5122 -4- 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 4. 5. 6. 7. 8. 9. 10. 11. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid this approval shall be invalid unless the City Council detemines that the project without the condition complies with all requirements of law. The Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney’s fees incurred by the City arising, directly or indirectly, from (a) City’s approval and issuance of this Tentative Map, (b) City’s approval or issuance of any permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, and (c) Developer/Operator’s installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City’s approval is not validated. The Developer shall submit to the Planning Department a reproducible 24” x 36”, mylar copy of the Tentative Map reflecting the conditions approved by the final decision making body. The Developer shall include, as part of the plans submitted for any pemit plan check, a reduced legible version of all approving resolution(s) in a 24” x 36” blueline drawing format. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 20 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building perinits, including, but not limited to the following: A. Right-of-way improvements to Poinsettia Lane. B. Right of Way improvements to Black Rail Road. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. A note to this effect shall be placed on the Final Map. This approval is granted subject to the approval of CDP 00-64. and is subject to all conditions contained in Planning Commission Resolution No. 5124 for that approval. PC RES0 NO. 5122 -5- 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 12. 13. 14. 15. 16. Approval is granted for CT 00-22 as shown on Exhibits “A” - ccZ”, dated January 2, 2002, on file in the Planning Department and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. All construction activities shall be planned so that grading will -occur in units that can be easily completed within the summer construction season. All grading operations shall be limited to be between April 1 and October 1 of each year. All areas disturbed by grading shall be planted within 60 days of initial disturbance and prior to October 1 with ,temporary or permanent (in the case of finished slopes) erosion control methods. The October 1 grading season deadline may be extended with the approval of the City Engineer subject to implementation by October 1 of erosion control measures designed to prohibit discharge of sediments off-site during and after the grading operation is completed. Extensions beyond November 15 may be allowed in areas of.very low risk of impact to sensitive coastal resources. Prior to the approval of the final map for any phase of this project, the Developer shall enter into an Affordable Housing Agreement with the City to provide and deed restrict 2.11 dwelling units as affordable to lower-income households for the useful life of the dwelling units, in accordance with the requirements and process set forth in Chapter 21.85 of the Carlsbad Municipal Code. The draft Affordable Housing Agreement shall be submitted to the Planning Director no later than 60 days prior to the request to final the map. The recorded Affordable Housing Agreement shall be binding on all future owners and successors in interest. The Developer shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City’s Landscape Manual. The Developer shall construct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. The Developer shall establish a homeowner‘s association and corresponding covenants, conditions and restrictions. Said CC&Rs shall be submitted to and approved by the Planning Director prior to final map approval. Prior to issuance of a building permit the Developer shaIl provide the Planning Department with a recorded copy of the official CC&Rs that have been approved by the Department of Real Estate and the Planning Director. At a minimum, the CC&Rs shall contain the following provisions: A. General Enforcement bv the City. The City shall have the right, but not the obligation, to enforce those Protective .Covenants set forth in this Declaration in favor of, or in which the City has an interest. B. Notice and Amendment. A copy of any proposed amendment shall be provided to the City in advance. If the proposed amendment affects the City, City shall have the right to disapprove. A copy of the final approved amendment shall be transmitted to City within 30 days for the official record. PC RES0 NO. 5122 -6- 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 C. Failure of Association to Maintain Common Area Lots and Easements. Ir; the event that the Association fails to maintain the “Common Area Lots andor the Association’s Easements” as provided in Article , Section the City shall have the right, but not the duty, to perform the necessary maintenance. If the City elects to perform such maintenance, the City shall give written notice to the Association, with a copy thereof to the Owners in the Project, setting forth with particularity the maintenance which the City finds to be required and requesting the same be carried out by the Association within a period of thirty (30) days from the giving of such notice. In the event that the Association fails to carry out such maintenance of the Common Area Lots andor Association’s Easements within the period specified by the City’s notice, the City shall be entitled to cause such work to be completed and shall be entitled to reimbursement with respect thereto from the Owners as provided herein. D. Special Assessments Levied by the City. In the event the City has performed the necessary maintenance to either Common Area Lots and/or Association’s Easements, the City shall submit a written invoice to the Association for all costs incurred by the City to perform such maintenance of the Common Area Lots and or Association’s Easements. The City shall provide a copy of such invoice. to each Owner in the Project, together with a statement that if the Association fails to pay such invoice in full within the time specified, the City will pursue collection against the Owners in the Project pursuant to the provisions of this Section. Said invoice shall be due and payable by the Association within twenty (20) days of receipt by the Association. If the Association shall fail to pay such invoice in full within the period specified, payment shall be deemed delinquent and shall be subject to a late charge in an amount equal to six percent (6%) of the amount of . the invoice. Thereafter the City may pursue collection from the Association by means of any remedies available at law or in equity. Without limiting the generality of the foregoing, in addition to all other rights and remedies available to the City, the City may levy a special assessment against the Owners of each Lot in the Project for an equal prorata share of the invoice, plus the late charge. Such special assessment shall constitute a charge on the land and shall be a continuing lien upon each Lot against which the special assessment is levied. Each Owner in the Project hereby vests the City with the right and power to levy such special assessment, to impose a lien upon their respective Lot and to bring all legal actions andlor to pursue lien foreclosure procedures against any Owner and hidher respective Lot for purposes of collecting such special assessment in accordance with the procedures set forth in Article of this Declaration. E. Landscape Maintenance Responsibilities. The HOA’s and individual lot or unit owner landscape maintenance responsibilities, including landscape and maintenance limitations within each of the fire suppression zones, shall be as set forth in Exhibit . F. Balconies, trellis and decks. The individual lot or unit owner allowances and prohibitions regarding balconies, trellis and decks shall be illustrated as set forth in Exhibit . PC RES0 NO. 5 122 -7- 4 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 17. 18. 19. 20. 21. 22. 23. G. Fire Suppression Zones. Areas restricted for the purpose of fire suppression on each residential lot adjacent to Open Space Lot 13, shall be illustrated as set forth in Exhibit . Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 20, pursuant to Chapter 21.90. AH such taxeslfees shall be paid at issuance of building permit. If the taxedfees are not paid, this approval will not be consistent with the General Plan and shall become void. The Developer shall submit a street name list consistent with the City’s street name policy subject to the Planning Director’s approval prior to final map approval. The Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to the Planning Director, in the sales office at all times. All sales maps that are distributed or made available to the public shall include but not be limited to trails, future and existing schools, parks and streets. The developer shall post a sign in the sales office in a prominent location that discloses which special districts and school district provide service to the project. Said sign shall remain posted until ALL of the units are sold. Prior to the recordation of the final tract map or the issuance of building permits, whichever occurs first, the Developer shall prepare and record-a Notice that this property is subject to overflight, sight and sound of aircraft operating from McClellan-Palomar Airport, in a form meeting the approval of the Planning Director and the City Attorney (see Noise Form #2 on file in the Planning Department). The Developer shall dedicate on the final map, an open space easement over all of lot 13 to prohibit encroachment or development, including but not limited to decks, storage buildings, pools, spas, stairways and non-native landscaping. Structures which reduce the potential for localized erosion .and slide hazards as shown on Exhibits “A99 66 X 99 may be permitted. Removal of native vegetation within Open Space Lot 13, other than that approved as part of (the grading plan, improvement plans, biological revegetation program, landscape plan, Coastal Development Pehnit etc.) as shown on Exhibits “A” - “X”, is specifically prohibited, except upon written order of the Carlsbad Fire Department for fire prevention purposes within fire suppression zone three, or upon written approval of the Planning Director, and California Coastal Commission, based upon a request from the Homeowners Association accompanied by a report from a qualified arbonstbotanist indicating the need to remove specified trees and/or plants because of disease or impending danger to adjacent habitable dwelling units. For areas containing native vegetation the report required to accompany the request shall be prepared by a qualified biologist. PC RES0 NO. 5122 -8- 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 24. 25. 26. The Developer shall provide bus stops to service this development at locations and with reasonable facilities to the satisfaction of the North County Transit District and the Planning Director. Said facilities, if required, shall be free from advertising and shall include at a minimum include a bench and a pole for the bus stop sign. The facilities shall be designed to enhance or be consistent with basic architectural theme of the project. The developer shall post a sign in the sales office in a prominent location and a 3 foot by 4 foot wooden sign on the church parcel adjacent to Poinsettia Lane that discloses the full extent of the future development' of the Redeemer by the Sea Lutheran Church campus. The sales office sign shall remain posted until ALL of the units are sold and the on-site sign shall remain until the church campus is completed or plans for construction are abandoned. Concurrent with the recordation of the final .tract map or prior to the issuance of building permits, whichever occurs first, the Developer shall prepare and record a Notice to run with each individual residential lot, that the lot is adjacent to property owned by the Redeemer by the Sea Lutheran Church and that said property has been approved for development of a church campus which will include a sanctuary, daycare facility, and education center for grades K-8, in a form meeting the approval of the Planning Director and City Attorney. .. Engineering Conditions: General 27. 28. 29. 30. 31. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, Developer shall apply for and obtain approval from, the City Engineer for the proposed haul route. Prior to issuance of any building permit, Developer shall comply with the requirements'of the City's anti-graffiti program for wall treatments if and when such a program is formally established by the City. Prior to occupancy, Developer shall install rain gutters to convey roof drainage to an approved.drainage course or street to the satisfaction of the City Engineer. There shall be one Final Map recorded for this project. Developer shall provide sight distance corridors (see below for types) at all street intersections in accordance with Engineering Standards and shall record the following statement on the Final Map (and in the CC&R's). Tvpe I1 "No structure, fence, wall, tree, shrub, sign, or other object shall be placed or permitted on the subject property along or east of the line designated as the 282' sight line located at the westerly project entrance (Lot 14) and the line designated as the 150' sight line located at the easterly project entrance (Lot 14) per City Standard Public Street-Design Criteria, Section 8.B.1. The sight PC RES0 NO. 5122 -9- 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 32. 33. 34. 35. lines are depicted on the tentative map. The underlying property owner shall maintain this condition." The limits of these sight distance corridors shall be reflected on any improvement, grading, or landscape plan prepared in association with this development. No satellite antenna or appurtenance shall be constructed on any easement without the easement holder's permission. No satellite antenna or appurtenance shall be constructed in any drainage area or over any drainage structure. The City of Carlsbad is presently considering action to update and modify Bridge and Thoroughfare District No. 2 (B&TD#2) to finance cost increases incurred and/or estimated to complete the design and construction of Aviara Parkway and Poinsettia Lane within the boundaries of the district. Prior to approval of a final map or issuance of a building permit on the project site, whichever occurs.first, the property owner shall enter into an agreement with the City whereby the owner/developer agrees not to oppose the modification of B&TD#2 and further agrees to pay their project's fair share contribution for the B&TD#2 facilities in accordance with the fee schedule as may be adopted by the City Council upon modification of B&TD#2. In the.event building permits are issued in advance of the modification of the district, the owner/developer shall post a cash deposit with the City in the amount of the proposed fee as estimated in the latest revision to the B&TD#Z Fee Study Report available at the time of building permit issuance. Fees/Agreements 36. Developer shall cause property owner to execute and submit to the City Engineer for recordation, the City's standard form Geologic Failure Hold Harmless Agreement. 37. Developer shall cause property owner to execute and submit to the City Engineer for recordation the City's standard form Drainage Hold Harmless Agreement regarding drainage across the adjacent property. 38. Developer shall cause property owner to execute, record and submit a recorded copy to the City Engineer, a deed restriction on the property which relates to the proposed cross lot drainage as shown on the Tentative Map (Lots 5,6,7,8 and 12). The deed restriction document shall be in a form acceptable to the City Engineer and shall: A. Clearly delineate the limits of the drainage course; B. State that the drainage course is to be maintained in perpetuity by the underlying property owner; and C. State that all future use of the property along the drainage course will not restrict, impede, divert or otherwise alter drainage flows in a manner that will result in damage to the underlying and adjacent properties or the creation of a public nuisance. PC RES0 NO. 5 122 -10- 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 39. 40. Prior to approval of any grading or building permits for this project, Developer shall cause Owner to give written consent to the City Engineer to the annexation of the area shown within the boundaries of the subdivision into the existing City of Carlsbad Street Lighting and Landscaping District No. 1, on a form provided by the City Engineer. Prior to the approval of the final map, Developer.slial1 contribute a pro-rata share of the cost of the traffic signal at Blackrail Road and Poinsettia Lane, based upon average daily trips as determined by a traffic analysis approved by the City Engineer. Grading 41. 42. 43. 44. 45. Prior to the issuance of a grading permit or building permit, whichever occurs first, Developer shall submit to the City Engineer proof that a Notice of Intent for the start of work has been submitted to the State Water Resources Control Board. Upon completion of grading,. Developer shall file an "as-graded geologic plan with the City Engineer. The plan shall clearly show all the geology as exposed by the grading operation, all geologic corrective measures as actually constructed and must be based on a contour map which represents both the pre and post site grading. The plan shall be signed by both the soils engineer and the engineering geologist, and shall'be submitted on a 24" x 36" mylar or similar drafting film format suitable for a permanent record. This project requires off site grading. No grading for private improvements shall occur outside the limits of this approval unless Developer obtains, records and submits a recorded copy to the City Engineer a grading or slope easement or agreement from the owners of the affected properties. If Developer is unable to obtain the grading or slope easement, or agreement, no grading permit will be issued. In that case Developer must either apply for and obtain an amendment of this approval or modify the plans so grading will not occur outside the project and apply for and obtain a finding of substantial conformance from both the City Engineer and Planning Director. Based upon a review of the proposed grading and the grading quantities shown on the Tentative Map, a grading permit for this project is required. Developer shall apply for and obtain a grading permit from the City Engineer. All grading activities shall be planned in units that can be completed by October 1". Grading activities shall be limited to the "dry season", April 1" to October 1'' of each year. Grading activities may be extended to November 15" upon written approval of the City Engineer, obtained in advance, and only if all erosion control measures are in place by October 1st. Dedicationsfimprovements 46. Developer shall cause Owner to make an irrevocable offer of dedication to the City andor other 'appropriate entities for all public streets and other easements shown on the Tentative Map. The offer shall be made by a Certificate on the final map. All land so PC RES0 NO. 5 122 -1 1- 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 47. 48. 49. 50. 51. offered shall be offered free and clear of all liens and encumbrances and without cost. Streets that already public are not required to be rededicated. Developer shall provide the design of all private streets and drainage systems to the satisfaction of the City Engineer. The structural section of all private streets shall conform to City of Carlsbad Standards based on R-value tests. All private streets and drainage systems shall be inspected by the City. Developer shall pay the standard improvement plancheck and inspection fees. Developer shall execute and record a City standard Subdivision Improvement Agreement to install and secure with appropriate security as provided by law, public improvements shown on the Tentative Map, and the following improvements including, but not limited to paving, base, sidewalks, curbs and gutters, medians, grading, clearing and grubbing, undergrounding or relocation of utilities, sewer, water, fire hydrants, street lights, retaining walls and reclaimed water, to City Standards to the satisfaction of the City Engineer. A. B. C. Poinsettia Lane shall be improved to full width Major Arterial standards (right-of-way width of 102 feet) between Black Rail Road and the existing terminus of Poinsettia Lane to the east. The developer/owner may be eligible for partial reimbursement from adjacent property owners or the fee district. A variance for intersection spacing is granted with approval of the tentative map. ‘A’ Street shall be improved to full width Local standards (right-of-way width of 60 feet) within the subdivision boundary. Where the entire street cross- section is not within the subdivision, “A” Street shall be improved to half width Local standards plus 12 feet of paving and an asphalt berm. The intersection with Poinsettia Lane shall include both curb returns and pedestrian ramps. Project grading and improvement plans will reflect a storm drain facility across Lot 12 sized’ to handle flows from the sump in “A” Street in the event the curb inlets become blocked. A list of the above shall be placed on an additional map sheet on the Final Map per the provisions of Sections 66434.2 of the Subdivision Map Act. Improvements listed above shall be constructed within 18 months of approval of the subdivision or development improvement agreement‘ or such other time as provided in said agreement. Developer shall cause Owner to waive direct access rights on the final map for all lots abutting Poinsettia Lane Poinsettia Lane shall be delcated by Owner along the project frontage based on a center line to right-of-way width of 51 feet and in conformance with City of Carlsbad Standards. Prior to issuance of building permits, Developer shall underground all existing overhead utilities within the subdivision boundary. PC RES0 NO. 5 122 -12- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 la 19 2c 21 22 23 24 25 26 27 28 52. 53. 54. 55. 56. 57. 58. Developer shall have the entire drainage system designed, submitted to and approved by the City Engineer, to .ensure that runoff resulting from 10-year frequency storms of 6 hours and 24 hours duration under developed conditions, are equal to or less than the runoff from a storm of the same frequency and duration under existing developed conditions. Both 6 hour and 24 hour storm durations shall be analyzed to determine the detention basin capacities necessary to accomplish the desired results. Developer shall comply with the City's requirements of the National Pollutant Discharge Elimination System (NPDES) permit. Developer shall provide improvements constructed pursuant to best management practices as referenced in the "California Storm Water Best Management Practices Handbook" to reduce surface pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such improvements shall be submitted to and subject to the approval of the City Engineer. Said plans shall include but not be limited to notifying prospective owners and tenants of the following: All owners and tenants shall coordinate efforts to establish or work with established disposal programs to remove and properly dispose of toxic and hazardous waste products. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze, solvents, paints, paint thinners, wood preservatives, and other such fluids shall not .be discharged into any street, public or private, or into storm drain or storm water conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers and other such chemical treatments shall meet Federal, State, County and City requirements as prescribed in their respective containers. Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. Prior to occupancy, Developer shall install street lights along all public and private street frontages abutting andor within the subdivision boundary in conformance with City of Carlsbad Standards. Prior to occupancy, Developer shall install sidewalks along all public streets abutting the subdivision boundary in conformance with City of Carlsbad Standards. Prior to occupancy, Developer shall install wheelchair ramps at the public street comers abutting the subdivision boundary in conformance with City of Carlsbad Standards. Developer shall design, apply for and obtain approval of the City Engineer, for the structural section for the access aisles with a traffic index of 5.0 in accordance with City Standards due to truck access through the parking area and/or aisles with an ADT greater than 500. The structural pavement design of the aisle ways shall be submitted together with required R-value soil test information and approved by the City Engineer as part of the building or grading plan review whichever occurs first. Developer shall incorporate into the gradinghmprovement plans the design for the project drainage outfall end treatments for any drainage outlets where a direct access road for maintenance purposes is not practical. These end treatments shall be designed so as to prevent vegetation growth from obstructing the pipe outfall. Designs could consist of a PC RES0 NO. 5122 -13- 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 . .. modified outlet headwall consisting of an extended concrete spillway section with longitudinal curbing and/or radially designed rip-rap, or other means deemed appropriate, to the satisfaction of the City Engineer. Final Map Notes 59. 60. 61. 62. Developer shall show on Final Map the net developable acres for each parcel. Note(s) to the following effect(s) shall be placed on the map as non-mapping data: Building permits will not be issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available. Geotechnical Caution: The owner of this property on behalf of itself and all of its successors in interest has agreed to hold hannless and in&mnify the City of Carlsbad from any action that-may arise through any geological failure, ground water seepage or land subsidence and subsequent damage that may occur on, or adjacent to, this subdivision due to its construction, operation or maintenance. No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above the street level may be placed or permitted to encroach within the area identified as sight distance corridors. . . . . . . . - Water 63. 64. 65. 66. 67. Prior to approval of improvement plans or final map, Developer shall meet with the Fire Marshal to determine if fire protection measures (fire flows, fire hydrant locations, building sprinklers) are required to serve the project., Fire hydrants, if proposed, shall be considered public improvements and shall be served by public water mains to the satisfaction of the District Engineer. The Developer shall design and construct public facilities within public right-of-way or within minimum 20-feet wide easements granted to the District or the City of Carlsbad. At the discretion of the District Engineer, wider easements may be required for adequate maintenance, access and/or joint utility purposes. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges for connection to public facilities., Developer shall pay the San Diego County Water Authority capacity charge(s) prior to issuance of Building Permits. The Developer shall' prepare a colored recycled water use map and submit this map to the Planning Department for processing and approval by the Deputy City Engineer - Utilities. The Developer shall design landscape and irrigation plans utilizing recycled water as a source. Said plans shall be submitted to the satisfaction of the District Engineer. PC RES0 NO. 5122 - 14- 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 68. 69. 70. 71. The Developer shall install potable water and recycled water services and meters at a location approved by the District Engineer. The locations of said services shall be reflected on public improvement plans. .... . The Developer shall design and construct public water, sewer, and recycled 'water facilities substantially as shown- on the Tentative Map to the satisfaction of the District Engineer. Proposed public facilities shall be reflected on public improvement plans. This project is approved upon the express condition that building permits will not be issued for the development of the subject property, unless the District Engineer has determined that adequate water and sewer facilities are available at the time of occupancy. A note to this effect shall be placed on the Final Map, as non-mapping data. Prior to Final Map approval or issuance of building permits, whichever is first, the entire potable water, recycled water, and sewer system shall be evaluated in detail to ensure that adequate capacity, pressure, and .flow demands can be met to the satisfaction of the District Engineer. Code Reminders: 72. 73. 74. 75. 76. 77. The Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as required by Chapter 20.44 of the Carlsbad Municipal Code. The Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Mbnicipal Code. Approval of this request shall not excuse compliance with all applicable'sections of. the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. Developer shall exercise special care during the construction phase of this project to prevent offsite siltation. Planting and erosion control shall be provided in accordance with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction of the City Engineer. Some improvements shown on the tentative map andor required by these conditions are located offsite on. property which neither the City nor the owner has sufficient title or interest to permit the improvements to be made without acquisition of title or interest. The Developer shall immediately initiate negotiations to acquire such property. The Developer shall use its best efforts to effectuate negotiated acquisition. If unsuccessful, Developer must either apply for and obtain an amendment of this approval or modify the plans so improvements will not occur outside the project, and apply for and obtain a finding of substantial conformance from both the City Engineer and Planning Director. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on the Tentative Map are for planning purposes only. Developer shall pay traffic impact and sewer impact fees based.on Section 18.42 aod Section 13.10 of the City of Carlsbad Municipal Code, respectively. *: PC RES0 NO. 5122 -15- 1 2 3 4 5 6 7 8 9 10 11 12 . 13 14 15 16 17 18 19 2c 21 22 23 24 25 26 2; .2E NOTICE Please take NOTICE that approval of your project includes the “impositicm” of fees, dedications. reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.” You have 90 days from date of approval to protest imposition of these feedexactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance ‘with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER N0TKFXE.D that your right to protest the specified feedexactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any feedexactions of which you have previously been kven a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 2nd day of January 2002, by the following vote, to wit: AYES: Chairperson Trigas, Commissioners Compas, Dominguez, .. Heineman, Nielsen, and Segall NOES: None ABSENT: Commissioner Baker ABSTAIN: None 7“Ti ,:i.. - SEENA TRIGAS, Chairpenoff CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J . .HOLZMILLER Planning Director PC RES0 NO. 5122 -16- . RECORDING REQUESTED BY AND WHEN RECORDED, PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Caclsbad Village Dr. . . ... .. .. Carlsbad, California 92008 MAIL TAX STATEMENTS TO: EXEMPT The undersigned grantor(s) declare@): Documentary transfer tax is $&QQ Space above this line for Recorder's Use Assessor's Parcel No. 21 5-080-22 Proiect No. 8 Name 3673 ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and encumbmces remaining at tima of sale. ( ) Unincorporated area: (x) City of Carlsbad, and Poikettia Lane, Blackrail Road to Zone 19 ~. ~ ~___ ~ ~~~ CORPORATION GRANT DEED OF EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Redeemer by the Sea Lutheran Church of Carlsbad organized as a California non-profit religious corporation, her& GRANTS to ,City of Carlsbad, a Municipal Corporation the following described real property in the City of Carlsbad, County of San Diego, State of California: easements for SLOPE, PUBLIC STREET, DRAINAGE AND TEMPORARY CONSTRUCTION PURPOSES over, under, upon and across said real property as described in Exhibit "A' consisting of three (3) pages, attached hereto and made a part hereof. Exhibit '6" consisting of two (2) pages is attached for clarity only. In Witness .Whereof, said corporation has caused its corporate name and seal to be affixed hereto and this instrument to be executed by its President and Secretary thereunto duly authorized. DATED: Redeemer by the Sea Lutheran Church of Carlsbad, 2 California non-profit religious corporation (Name of Company) STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO By: On &$&f 6, before me, qik. lFi' - (here insert name and tile ofofficer), personally (Type or Print) appeared J?ON ~4..~* dwl I tX fn&%'IJ , peisonally known to me (or proved to me on the basis .Title: &~KEW~G~~&,L j&~[m of satisfactory evidence) to be the person(s) whose (Type or Print) name(s) $/are subscribed to the within instrument and (SiMature) nrskm, Uofiru Pi&/& Name: fid NdrnNE to me that @#&hey executed the By: authorized capacity(ies), and that on the instrument the person(s), or the entity upon behalf of which the Name: person@) acted, executed the instrument. (Type or Print) d Ju n 1 LC. M Q%/,n c EXHIBIT “A” LEGAL DESCRIPTION A.P.N. 2151080-22 PROJECT NO. 3673. - PARCEL 1 (DEDICATION PARCEL) THE NORTHERLY 51 .OO FEET OF THAT LAND AS DESCRIBED IN DEED TO THERESA K. SPENCER, THOMAS J, SPENCER, AND JAMES J. KAISER RECORDED FEBRUARY 19, 1993 AS FILE NO. 1993-0105125 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY, SAID LAND LYING WITHIN THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF CARLSBAD. COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, EXCEPTING THEREFROM THAT PORTION OF SAID‘ NORTHERLY 51 .OO FEET LYING WITHIN BLACK RAIL ROAD AS SHOWN AND DESCRIBED IN DEED RECORDED DECEMBER 26,1997 AS FILE NO. 1997-0658899 OF OFFICIAL RECORDS OF SAID SAN DIEGO COUNTY. TOGETHER WITH THAT PORTION OF SAID SECTION 22, LYING BETWEEN THE SOUTHERLY SIDELINE OF THE HEREIN ABOVE DESCRIBED PARCEL 1, AND THE EASTERLY SIDELINE OF SAID BLACK RAIL ROAD AND THE ARC OF A 25.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, SAID CURVE BEING TANGENT TO EACH OF THE LAST TWO MENTIONED LINES. PARCEL 2 (SLOPE EASEMENT) BEING A PORTION OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THAT LAND AS DESCRIBED IN SAID DEED RECORDED FEBRUARY 19,1993 AS FILE NO. 1993-0105125 OF OFFICIAL . RECORDS OF SAN DIEGO COUNTY; THENCE ALONG THE EASTERLY LINE THEREOF, SOUTH 01°24’14” EAST, 51.1 2 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID EASTERLY LINE, SOUTH 01°24'14" EAST, 38.95 FEET; THENCE LEAVING SAID EASTERLY LINE, SOUTH 89"46'00" WEST, 332.72 FEET; THENCE NORTH 83°30'00" WEST, 618.71 FEET; THENCE SOUTH 35°03'00" . .. WEST, 40.97 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF SAID BLACK RAIL ROAD; THENCE ALONG SAID EASTERLY LINE, NORTH 02°02'03" WEST, 19.34 FEET TO A POINT ON THE SOUTHERLY LINE OF THE HEREINABOVE DESCRIBED PARCEL 1 , SAID POINT BEING THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 25.00 FEET; THENCE LEAVING SAID EASTERLY RIGHT-OF-WAY LINE, NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 94O32'36" A DISTANCE OF 41.25 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY LINE, SOUTH 87'29'27" EAST, 945.54 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 3 (TEMPORARY CONSTRUCTION EASEMENT) BEING A PORTION OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE Cl.TY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEING A 10 FOOT WIDE STRIP OF LAND. THE SOUTHERLY SIDELINE BEING PARALLEL WITH AND 10.00 FEET SOUTHERLY OF THE SOUTHERLY LINE OF THE HEREIN DESCRIBED PARCEL 2. 6 THE SIDELINES OF SAID 10.00 FOOT WIDE STRIP OF LAND TO BE SHORTENED OR EXTENDED SO AS TO TERMINATE EASTERLY IN THE EASTERLY LINE OF SAID LAND DESCRIBED IN DEED RECORDED FEBRUARY 19,1993 AS FILE NO. 1993-0105125 OF " OFFICIAL RECORDS OF SAN DIEGO COUNTY, AND WESTERLY IN THE EASTERLY LINE OF SAID BLACK RAIL ROAD. . .. . .- .. -. . . . . - . n DANA MICHAEL SEGUIN L.S. 6215 HUNSAKER & ASSOCIATES SAN DIEGO, INC. 'I RMIS OF BEARI1vGs= , THE E4!3lS OF 8c4RlNGS FOR THIS DRAWING IS A PORnON OF WE NORTHERLY LINE OF fR4CTlOM NOTE: I SCnbN 22. T12S. R4W, S.B.M.. PER MAP NO. 13429, ;.e. N 89'57'43% IY I PUNNING ENGINEERING \\ / VICINITY MAP NO SCALE HUNSAKER & ASSOCIATES IAN OlfCO. INC DAlX SHOWN HEREON IS MSED ON THE FOUOWlNG RECORD OF SURVEY MAPS: 584, 4772, 4 773, 5715. 6269, 10774. 12096, .13762 AND 14630. RECORD OF SURVEY MP NO. 14608 SHOWS ALTERNATE LOCAIIONS ' FOR PROPERTY LINES SHOWN HEREON AS TO WE LOCAnON OF PROPERTY OR OWNERSHIP LINES. LEGAL DESCRlPTION PORTION OF WE N 1/2, OF THE SW 1/4 OF THE SE 1/4 OF SEC. 22. T. 12S., R4W.. S.B.M., IN THE CITY OF CARLSBAD, COUNTY OF SIN DIEGO, STATE Of CALIFORNIA. +.""L. b BLACK RAIL ROAD PORTlON OF BUCK RAIL ROAD @ DEOICATED FER DEED RECOROED 12-26-1997, AS fILE NO. .. LEGHVD: ACRES INDICATES STREET DEDlCAl7ON 1.143 m/ INDICATES SLOPE EASEMENT DEDICATION I:,"j-l iNDlCATES TEMPORARY CONSTRUCTION ..... .. .;: . .;:;::::;:: I;4SEMENT DEDICA TtON SCALE 1" = 100' NUMBER BGIRING N 02'02'03"W 19.34 ' N 02'02'03%' 78.23' ' T.P.O.B.1 SIN DltCO. INC ' MNC x109 tiutuanekms SL hire ZOO ol.2~,4w ENUNEERINC Sm Dip, Ca 92121 PARCEL 2 SMWWC PMb19)ISB400~ fXx(619)SS8-14U R.\wQ6\ooQ6uo2m m1anoN Pur - cm OF CARLSW APPLICANT: AP.N.: RE PARED BY: PROJECT: CITY OF c- 2075 US PUS OR I M CARSAD, CA 92009-1576 RXNSEl7M UNE; 2 15-080-22 - - coNsTRucmN GlsmENT I (7cn\ ~1p-~~c~ I"" ... . I nmm nr-7 .In 7"- I FYFTTRTT . "R" DANA M. SEGUIN LS. 6215 Exhibit C Preliminary Estimate of Reimbursable Expenses for Redeemer Project, CT 00-22 I I I I I I Percent Attributable I 1 I I I I I I I I I 1 I Total Reimbursable I I AGREEMENT FOR REIMBURSEMENT OF COSTS FOR DESIGN AND CONSTRUCTION OF IMPROVEMENTS FOR POINSETTIA LANE (APN: 215-080-01) THIS AGREEMENT FOR REIMBURSEMENT OF COSTS FOR DESIGN AND CONSTRUCTION OF IMPROVEMENTS FOR POINSETTIA ALONG THE FRONTAGE OF APN: 215-080-01 (“Reimbursement Agreement”), dated as of a]fil&).t 1q I , 2003 (“Effective Date”), is made at San Diego County, California, between Keystone Carlsbad 28 LLC (“Developer”), and the CITY OF CARLSBAD, a municipal corporation of the State of California (“City”), with reference to the following: RECITALS A. Developer is contemplating the construction of improvements on property identified as Assessor’s Parcel Number 215-080-01 and known as the DE JONG RESIDENTIAL PROJECT, CT 98-05, (“Project”) located north of future Poinsettia Lane and east of Black Rail Road. City’s Planning Commission, by Planning Commission Resolution No. 4506, recommended conditional approval of the Project on April 7, 1999. B. CT 98-05 Condition of Approval No. 49 requires Developer to prepare documents satisfactory to the City Engineer and agree to install street improvements along Poinsettia Lane. C. The improvements along Poinsettia Lane are connected to the City’s .Capital Improvement Program and since it is in the best interest of both the Developer and City to construct both the developer required frontage improvements and the remaining full width improvements (“Joint Improvements”) at the same time by the same contractor, therefore certain costs incurred by City in performing the design and construction of Joint Improvements are reimbursable from the Developer. NOW, THEREFORE, the City and Developer agree as follows: 1. Recitals. The above Recitals are true and correct and are incorporated herein by this reference. 2. City ObliQations. In consideration of Developer’s reimbursement and other undertakings as set forth herein, City agrees to perform the following in order to construct the frontage improvements defined below (collectively, the “City Obligations”). Joint Improvements (a) Complete the design of CIP Project for Poinsettia Lane, DWG 379-6; (b) Obtain City approval of the CIP Project; (c) Roadway grading per DWG 379-6; (d) Construct street improvements including subgrade preparation, aggregate base, asphalt paving and concrete curb and gutter, median curb, median paving, median landscaping and irrigation, street lights per DWG 379-6; (e) Construct storm drain and sewer system improvements per DWG 379-6; Rev. 2/26/03 -1 - 3. Developer Obligations. (a) The parties acknowledge that the remaining items of work required by Condition 49, other than those items to be constructed as a part of the City Obligations under this agreement will be constructed by Developer and are not reimbursable by City to Developer. (b) Developer's agreement to have City construct the Poinsettia Lane Improvements above shall constitute partial compliance with Condition 49 of the De Jong Residential Project, CT 98-05 excepting therefrom any remaining improvements required or as may be proposed by Developer. City's performance of the City's Obligations under this agreement is expressly agreed by Developer'to be contingent upon Developer's entry into, and performance under, this Reimbursement Agreement (c) The City hereby confirms to Developer that this agreement to have the City Construct the Poinsettia Lane Improvements above satisfies those portions of Condition of Approval No. 49, of the De Jong Residential Project, CT 98-05, that relate to the construction of Poinsettia Lane improvements above. 4. Reimbursable Work. (a) All work giving rise to Reimbursable Expenses is referred to as "Reimbursable Work". Reimbursable Work includes, but is not limited to, "Reimbursable Construction Work and "Reimbursable Incidental Work both of which are defined below. A preliminary cost estimate of all Reimbursable Expenses is shown in Exhibit C. (b) With respect to all hard costs of construction for the Poinsettia Lane Improvements comprising Reimbursable Work (collectively "Reimbursable Construction Work"), City shall solicit bids from contractors. Reimbursable Construction Work shall be bid together with Non Reimbursable work for that portion of the Joint Improvements, which are being bid by such contractor. Upon selection of the contractor by City and agreement upon a contract amount, the costs thereof shall be allocated among the bid items consistent with the method and process used in the Exhibit C. The parties agree that the spreadsheet attached hereto as Exhibit C is a fair allocation of the costs under such contract as among the items of Reimbursable Work and Non Reimbursable Work. Costs shown in Exhibit C are subject to modification through change orders pursuant to Paragraph 4(c) of this Agreement. (c) All change orders affecting Reimbursable Work shall be subject to approval by both City and Developer. At the time of approval, the parties shall also determine the portion of the change order which is allocated to Reimbursable Work. In making such decisions, the parties shall be guided by the principle that if a change order is necessary due to changed circumstances or oversight in original design, or if it is required in order to perform the applicable portion of the Poinsettia Lane Improvements in an orderly, reasonable and prudent manner according to the standard engineering and construction practice applicable to the improvements, then the allocation of the portion to Reimbursable Work should be in proportion to the allocation as between Reimbursable Work and Non-Reimbursable Work in Exhibit C for that portion of the Poinsettia Lane Improvements. (d) Reimbursable Work will also include the expense to the City for design coordination, project management and inspection of the Poinsettia Lane Improvements (collectively "Reimbursable Incidental Work). The City currently estimates the total cost of Rev. 2/26/03 -2 - Reimbursable Incidental Work as $20,007.89 including the 4% overhead allocation specified in Paragraph 4(g) of this agreement. (e) During the performance of any Reimbursable Work, City shall retain detailed payment records for all items of Reimbursable Work, for review by Developer. City’s requests for reimbursement (each, a “Reimbursement Request“) shall include copies of bids received, invoices, lien releases and other documentation reasonably required by Developer to evidence the completion and payment for each item of Reimbursable Work. (f) Exhibit C sets forth the preliminary cost estimate for both the Reimbursable Work and the Non-Reimbursable work stated in Paragraph 3(a) above. The parties acknowledge that Exhibit C, is for illustrative purposes only and that Developer is responsible for payment of all costs as requested by the City in accordance with the procedures of Paragraph 5 below. (9) City shall be entitled to an overhead allocation of four percent (4%) of actual Reimbursable Expenses in lieu of other reimbursement for City’s costs incurred for salary and benefits for office staff of City’s engineering department, purchasing department, finance department, field supervision above the level of on-site inspector, and general legal and accounting fees. 5. Payment of Reimbursable Expenses. (a) Payment for Reimbursable Expenses shall be made by Developer in the following stages: 1 ) Deposit of $7,150 with the Developer’s signed copy of this Reimbursement Agreement and before signature by.the City to reimburse City for a portion of the Reimbursable Incidental Work. 2) Deposit in an amount equal to the remaining Reimbursable Incidental Work plus the contractor’s bid amount for Reimbursable Construction Work plus ten percent (I 0%) for potential change orders within 15 calendar days after City receives bids on the Joint Improvements and prior to award of contract by City. 3) Payment of actual Reimbursable Expenses plus the overhead allocation of four percent (4%) less deposits shall be made within 30 calendar days after the date of City’s Reimbursement Request. (b) At such time as the Reimbursable Expenses are known to exceed the total payments made by Developer for the Project, then Developer shall make payment of any additional Reimbursable Expenses within 30 calendar days after the date of City’s Reimbursement Request. (c) After the Notice of Completion is filed and the Developer has paid the actual final Reimbursable Expenses as required in the Paragraphs 5 (a) and 5 (b) above, the City will return any excess deposits that exceed the total of the actual Reimbursable Expenses plus the four percent overhead allocation pursuant to this agreement. Notice of completion to be filed within 60 days after the completion and acceptance of project. Rev. 2/26/03 -3 - 6. Disputes/Claims. If a dispute should arise regarding the performance or interpretation of this Agreement, the following procedure shall be used to resolve any question of fact or interpretation not informally resolved by the parties. Such questions, if they become identified as a part of a dispute among persons operating under the provisions of this Agreement shall be reduced to writing by the principal of Developer or the City’s Director of Public Works (the “Director”). A copy of such documented dispute shall be forwarded to both parties involved along with recommended methods of resolution which would be of benefit to both parties. The Director, or principal, upon receipt, shall reply to the letter, including a recommended method of resolution within ten (IO) days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the dispute shall be forwarded to the City Council for their resolution through the office of the City Manager. The City Council may, but is not obligated to resolve the dispute. If the City Council considers the dispute, and directs a solution, the action of the City Council shall be the final administrative remedy for the parties involved, although nothing in this procedure shall prohibit the parties from seeking remedies available to them at law. 7. Termination and Release. This Agreement and the covenants contained herein shall be binding upon and inure to the benefit of the Developer and City. Upon performance of the obligations referred to in Section 5 for the Project and after City has filed the Notice of Completion for the Joint Improvements, the provisions of this Agreement shall no longer apply and shall automatically terminate as to the Project. Upon the request of Developer, City shall execute and deliver to Developer any further documents and/or instruments reasonably necessary to evidence that the Project is thereafter fully released and free from the provisions of this Agreement, provided that the cost of preparing such documents and/or instruments shall be paid by Developer. 8. Assignment of Agreement. Developer shall not assign this agreement or any part thereof or any monies due thereunder without the prior written consent of the City. 9. Notices. Unless otherwise specifically provided herein, all notices, demands or other communications given hereunder shall be in writing and shall be deemed to have been duly delivered upon personal delivery, or by Federal Express (or similar reputable express delivery service), or by facsimile transmission with back-up copy mailed the same day, or as of the second business day after mailing by United States Certified Mail, return receipt requested, postage prepaid, address as specified herein. Notices required to be given to Developer shall be addressed as follows: Keystone Communities Attn: Don Williamson c/o Keystone Carlsbad 28 LLC 5333 Mission Center Road, Suite 360 San Diego, CA 92108-4855 Phone: (619) 299-4855 Fax: (61 9) 299-4845 Notices to City shall be delivered to the following: CITY OF CARLSBAD Engineering Department Attention: Public Works Director 1635 Faraday Avenue Carlsbad, CA 92008 Telephone: (760) 602-2730 FAX: (760) 602-8562 Rev. 2/26/03 -4 - Each party shall notify the other immediately of any changes of address that would require any notice delivered hereunder to be directed to another address. IO. Counteroarts. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which ,counterparts taken together shall constitute one and the same instrument. 11. Governins Law and Venue. This Agreement shall be interpreted and enforced under the laws of the State of California, and venue shall reside in San Diego County, California. 12. Comolete Aureement. This Agreement contains the entire agreement between the parties with respect to the subject matter contained herein, and supersedes all negotiations, discussions, and prior drafts with respect to this subject matter. 13. Amendment. This Agreement may only be amended by a written instrument executed by both City and Developer (including for this purpose any successors of Developer, to the extent of their ownership of real property within Project). 14. No Third Partv Beneficiaries. This Agreement shall not be deemed to confer any rights upon any individual or entity which is not a party hereto, and the parties hereto expressly disclaim any such third-party benefit. 15. Severability. The invalidity or unenforceability of any provision of this Agreement, as finally determined by a court of competent jurisdiction, shall in no way affect the validity or enforceability of any other provision hereof. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Rev. 2/26/03 -5 - Ill 16. Exhibits. The following exhibits are attached to and by this reference incorporated into and made a part of this Reimbursement Agreement: A. Planning Commission Resolution 4506 B. Grant Deed of Easement C. Preliminary Cost Estimate of Reimbursable Expenses IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first above written. DEVELOPER: KEYSTONE CARLSBAD 28, LLC Printed Name: Title & By: Printed Name: Title (Proper notarial acknowledgment of execution by Contractor must be attached. Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL, City Attorney n Rev. 2/26/03 -6 - CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT This area for official notarial seal. OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying 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: Document Date: Number of Pages: & 6 Signer(s) other than named above CAPACITY(IES) CLAIMED BY SIGNER(S) [ ] INDIVIDUAL [ 1 CORPORATE OFFICER(S) 7 Right Thumbprint of Signer Top of thumb here TITLE(S) [ ] PARTNER@)- [ ] LIMITED [ ] GENERAL [ ] ATTORNEY-IN-FACT [ 1 TRUSTEE(S) [ 1 GUARDIAN OR CONSERVATOR [ 1 OTHER SIGNER IS REPRESENTING: 1 INDIVIDUAL ] CORPORATE OFFICER(S) TITLE(S) I PARNER(S)-[ ] LIMITED [ 1 GENERAL 1 ATTORNEY-IN-FACT 1 TRUSTEE(S) 1 GUARDIAN OR CONSERVATOR ] OTHER Right Thumbprint of Signer Top of thumb here If'. 'OLUTION ADOPTED BY UNAkIMy '3 WIU A I'EN CONSENT OF THE SOLE DIREL 1 OR OF KEYSTONE COMMUNITIES, INC. Dated as of The undersigned, being sole director of Keystone Communities, Inc., a California corporation organized under the General Corporation Law of California, does hereby consent to take the following action and adopt the following resolutions: WHEREAS, the Board of Directors will be presented with management and operation of the real estate project owned by LLC, a California limited liability company ("Company"); WHEREAS, this corporation is the Manager of Company; WHEREAS, the Board of Directors has determined that it is in the best interest of this corporation to enter into all required project management documents; WHEREAS, the Board of Directors wish to appoint Donald L. Williamson as an agent of the corporation; NOW THEREFORE, BE IT RESOLVED that Donald L. Williamson is appointed as an agent of the corporation and by his signature alone, is hereby authorized and directed to execute on behalf of this corporation in its capacity as the Manager of the Company any and all documents, applications and instruments necessary or appropriate to effectuate all of the obligations, duties and rights of this corporation with respect to the real estate project of the Company, and to execute any and all other documents, instruments, contracts, agreements, subdivision maps and other documents relating to the Company in its capacity as previously described, and the following signature block shall apply in connection therewith: KEYSTONE CARLSBAD 28 LLC BY: Keystohommudies, fnc.,b.( The undersigned directs that this consent be filed with the minutes of the proceedings of the Board of Directors of the Corporation. This consent is executed pursiiant to Section 307(b) of the Corporations Code of the State of California, and Section 13 of Article III of the Bylaws of this corporation, which authorize the taking of action by the Board of Directors by unanimous written consent without a meeting. Dated as of / Gary S. CGson ‘. 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 2t 2; 21 .. PLANNING COMMISSION RF.SOLUTION NO. 4506 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF CARLSBAD TRACT NUMBER CT 98-05 TO SUBDIVIDE 33.4 ACRES INTO 30 LOTS ON PROPERTY G-LY LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF BLACK RAIL ROAD AND FUTURE POINSETT’IA LANE IN LOCAL FACILITIES MANAGEMENT ZONE 20 CASE NAME: DE JONG RESIDENTIAL PROJECT .. SE NO.: 98-05 WHEREAS, Arie De Jong, Jr. Family Trust, “Developer”, has filed a verified application with the City of Carlsbad regarding properly owned by Arie De Jong, Jr. Family Trust, “he?, described as Being that portion of Lot 2 of Section 22, Township 12 South, Range 4 West, San Bernardino Base and Meridian, in the City of Carlsbad, County of San Diego, State of California according to the official plat thereof (“the Property’.’); and WHEREAS, said verified application constitutes a request for a Tentative Trac Map as shown on Exhibit@) “A”- “X” dated Marcb 17, 1999, on file in the Planning Department DE JONG RESIDENTIAL PROJECT - CT 98-05, as provided by Title 20 of thc Carlsbad Municipal Code; and -€&AS, the Planning Commission did, on the 17th day ‘of March 1999 anc on the 7th day of April 1999 hold a duly noticed public hearing as prescribed by law to conside: said request; and WHEREAS, at said public hearing, upon hearing and considering all testimon! and arguments, if any, of persons desiring to be heard, said Commission considered all factor: relating to the Tentative Tract Map. 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 2; 2E NOW, THEREFORE, BE IT HEREBY RESOLVED by the PIunnln: Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing. the Commissior COMMENDS APPROVAT, of DE JONG RESIDENTIAL PROJECT. CT 98-05, based on the following findings and subject to the following conditions: Findings: 1. 2. 3. 4. 5. 6. ' That the proposed map and the proposed design and. imprbvement of the subdivision a: condition, is consistent witb id satisfies all requirements of the General Plan, an) applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State Subdivision 'Map Act, and will not cause serious public health problems, in that the lot! being created satisfy all minimum requirements of Title 20 governing.lot sizes and configuration and have been designed to comply witb all other applicable CiQ regulations except for the maximum panhandle length for Lots 27 and 28 for which a variance is concurrently recommended for approval. That the proposed project is compatible with the surrounding future land uses since surrounding properties to the south .and west are designated for single famill residential development on the General Plan, in that. they are designated as RLM (Low-Medium Density Residential). Property to the north contains native habitat The adjacent property to the east will be developed as a City park and is designated as OS. The open.space on-site provides an adequate buffer from the park site. That the site is physically suitable for the type and density of the development since thc site is adequate in size and shape to accommodate residential development at the densit) proposed, in that the project site can accommodate the proposed residential development while providing all required setbacks and other amenities required bj the applicable City regulations. That the design of the subdivision or the type of improvements will not conflict witt easements of record or easements established by court judgment, or acquired by thc public at large, for access through or use of property within the proposed subdivision, ir that prior to recordation of the final map the developer will vacate and adjust anJ easements that conflict with proposed development. That the property is not subject to a contract entered into pursuant to the Lanc Conservation Act of 1965 (Williamson Act). . That the design of the subdivision provides, to the extent feasible, for future passive o natural heating or cooling opportunities in the subdivision, in that the proposet development will consist of single family residences with adequate separation tl provide residents with adequate air circulation within and surrounding any futurt residential units. PC RES0 NO. 4506 -2- 6 1 2 3 4 5 6 7 8 9 10 li 12 13 1.4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7. 8. 9. 1 0: That the Planning commission has considered. in connection with the housing proposed by this subdivision, the housing needs of the region, and balanced those housing nerds against the public service needs of the City and available fiscal and environmenrcll resources. That the design of the subdivision and improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat, in that the project is conditioned to include biological mitigation measures addressing the preservation of the resources on the site prior to approval of a final map. That the discharge of waste from the subdivision will not result in violation of existing California Regional Water Quality Control Board requirements, in that the project has been designed in accordance with the Best Management practices for water qualiq protection in accordance with the City's sewer and drainage standards and. .the project is conditioned to comply with the National Pollution Discharge Elmination System (NPDES) requirements. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the City's General Plan, based on the following: a. b. C. d. e. f. Land Use- The project is consistent with. the City's General Plan since the proposed density of 1.8 ddacre is within the density range of 0-4 du/acre specified for the site as indicated on the Land Use Element of *e General Plah, and is at or below the growth control point of 3.2 ddacre. Circulation - The circulation system is designed to provide adequate acceis to the proposed lots and complies with all applicable City design standards. Nois>e - The proposed residential project has been conditioned' to include construction methods and ventilation systems on designated units in order to meet required interior noise levels at second story locations. Housing - That the project is consistent with the Housing Element of the General Plan and the Inclusionary Housing Ordinance as the Developer has been conditioned to enter into an Affordable housing Agreement to purchase 4.2 affordable housing credits in Villa Loma. Open Space and Conservation - The proposed project will provide 23.18 acres of open space within- two open . space lots to preserve areas containing sensitive habitat. The project will also provide a 20 foot trail easement and construction of a portion of Trail Segment No. 30. Public Safety - The project includes fire suppression zones to reduce the potential for structures to be lost as a result of a fire within open space Lot 29. L.. PC RES0 NO. 4506 -3- L 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 21 28 11. 12. 13. 14. 15. a. b. C. d. e. The project has been conditioned to ensure that the final map will not be approved unless the City Council finds that sewer service is available to serve the project. In addition, the project is conditioned such that a note shall be placed on the final map that building permits may not be issued for the project unless the District Engineer determines that sewer service is available, and building cannot occur within the project unless .sewer service remains available, and the District Engineer is satisfied that the requirements of the Public Facilities Elenient of the General Plan have been met insofar as they apply to sewer service for this project. The project has' been conditioned to provide proof from the Carlsbad Unified School District that the project has satisfied its obligation for school facilities. Park-in-lieu fees are required as a condition of approval. All necessary .public improvements have been provided or are required as conditions of approval. The developer has agreed and is required by the inclusion of an appropriate condition to pay a public facilities fee. Performance of that contract and payment of the fee will enable this body to find that public facilities will be available concurrent with need as required by the General Plan. The project' has been conditioned to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional requirements established by' a Local Facilities Management Plan prepared pursuant to Chapter 21.90 ofthe Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. This project has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 20. That the property cannot be served adequately with a public street without panhandle lots due to unfavorable conditions resulting from unusual topography, surrounding land development, or lot configuration, in that the areas immediately surrounding the proposed .panhandle lots contain sensitive habitat and significant fill would also be required based on the existing topography.. The use of panhandle lots to provide access to this developable area is the most environmentally sensitive way of providing access. That subdivision with panhandle lots will not preclude or adversely affect the ability to provide full public street access to other properties within the same block of the subject property, in that access will not be precluded to adjacent properties as they either currently have access or are steep slopes containing sensitive vegetation and will not be developed. PC RES0 NO. 4506 -4- . 1 2 3 4 5 6 .7 8 9 10 11 12 13 14 15 16 . 17 la 19 2c 21 22 2: 24 2! 2t 2' 21 16. 17. 18. That the buildable portion of the lot consists of an area. of 8.OOO.square feet. \\.hich meets the requirements of Section 2 1.10.080(d)( 1) of the Carlsbad Municipal Code: That the fiont, sides, and rear property lines, for purposes of determining required yards. are as. shown on Exhibit "Y'' labeled De Jong Property Panhandle Lot Setback Exhibit, attached hereto and on file in the Planning Department. That this project could 'have a potentially significant negative cumulative traffic impact on the Palomar Airport Road/El Camino Real intersection. However, this project has been conditioned to pay its fair share of the "short-term improvements" thereby, guaranteeing implementation of a mitigation measure that reduces the potential impact to a level of insignificance. 1. Staff is authorized and directed to make, or require Developer to make, all corrections and modifications to the Tentative Tract Map document(s) necessary. to make them internally consistent and in conformity with final action on the project. Development shall occur substantially as shownb the approved Exhibits. Any proposed development different fiom this approval, shall require an amendrnht to this approval. 2. The Developer shall comply with all applicable provisions of federal, state, and local ordinances in effect at the time of building permit issuance. 3 The Developedoperator shall and.does hereby agree to indemnifl; protect, defmd and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including cokt costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Conditional Use' Permit, (b) City's approval or issuance of any permit or action, whether. discretionary or non- discretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising fiom the emission by the faciiity of electromagnetic fields or other energy waves or emissions. < 4. The Developer shall provide the City with a reproducible 24" x 36", mylar copy of the Tentative Map as approved by the final decision making body. The Tentative Map shall reflect the conditions of approval by the City. The Map copy shall be submitted tc the City Engineer and approved prior to building, grading, final map, or improvement plan submittal, whichever occurs first. 5. The Developer shall include, as part of the plans submitted for any permit plan check, 2 reduced legible version of the approving (resolution(s)) on a 24" x 36" blueline drawing Said blueline drawhg(s) shall also include a copy of any applicable CoastaLDeveloprnen Permit and signed approved site plan. PC RES0 NO. 4506 -5- b 1 2 3 4 5 6 .7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 22 24 2: 2t 2‘ 21 Facilities and Services 6. 7. 8. 9. 10. 11. The final map shall not be approved unless the City Council finds as of the time of such approval that sewer service is available to serve the subdivision. Building pennits will not be issued for development of the subject property unless the District Engineer determines that sewer facilities are available at the time of application for such sewer permits and will continue to be available until time of occupancy. A note to this effect shall.be placed on the final map. The Developer shall pay the public facilities fee adopted by the City Council on July 28. .1987, (amended July 2,- 1991) and as amended from time to time, and any development fees established by the City Council pursuant to Chapter 2 1.90 of the Carlsbad Municipal Code or other ordinance adopted toimplement a growth management system or Facilities and Improvement .Plan and to fulfill the developcr’dsubdivider’s agreement to pay the public facilities fee dated February 11,1998, a copy of which is on file with the City Clerk and is incorporated by this reference. If the fees are not paid, this application will not be consistent with the General Plan and approval for this project will be void. Prior to the issuance of a building permit, the developer shall provide proof to the Director from the Carlsbad Unified School District that this project has satisfied its obligation to provide school faciIities. The developer shall post a sign in the sales office in a prominent location that discloses which special districts and school district provide service to the project. Said sign shall remain posted until ALL of the units arc sold. This project shall comply with all conditions and mitigation measures which are required as parr of the Zone 20 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building pennits.’ General ~ond~tlom .. 12. If any condition for construction of any public improvements or facilities, or the payment ofany fees in-lieu thereof, imposed by this approval or imposed by law on this residential housing project are challenged this .approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid this . approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. ’ . 13. Approval of CT 98-05 is granted subject to the approval of ZC 98-02, LCPA 98-01, HDP 98-03, CDP 98-26, V 98-04 and the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program. CT 98-05 is subject to all conditions contained in the Planning Commission Resolutions for ZC 98-02, LCPA 98-01, HDP 98-03, CDP 98-26, V 98-04 and the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program. PC RES0 NO. 4506 -6- b 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 14. The Developer shall establish a homeowner‘s asscrciation and correspondin2 coye113111s. conditions and restrictions. Said CC&Rs shall be submined to and approved tht. Planning Director prior to final map approval. Prior to issuance of a building pernlit the Developer shall provide the Planning Department with a recorded copy of the official CC&Rs that have been approved by the Department of Real Estate and the Planning Director. At a minimum, the CC&Rs shall contain the following provisions: a.. bv the City. The City shall have the right, but not the obligation, to done those Protective Covenants set forth in this Declaration in favor of, or in which the City has an interest. c b. ure of -on to 1. In the event that the Association fails to maintain the “Common Area Lots and/or the Association’s Easements” as provided in Article , Section the City shall. have the right, but not the duty, to perform the necessary maintenance. If the City elects to perform such maintenance, the City shall give written notice to the Association, with a copy thereof to the Owners in the Project. setting forth with particularity the maintenance which the City finds to be required and requesting the same be carried out by the Association within a period of thirty (30) days hm the giving of such notice. In the event that the Association fails to carry out such maintenance of the Common Area Lots and/or Association’s Easements within the period specified by the City’s notice, the City shall be entitled to- cause such work to be completed and shall be entitled to reimbursement with respect thereto hm the Owners as provided herein. . .. .. C. the City. .In the event the City has pdomd the necessary maintenance to either Common Area Lots andor Association’s Easements, the City shall submit a written invoice to the Association for all costs incurred by the City to perform such maintenance of the Common Area Lots and or Association’s Easements. The City shall provide a copy of such invoice to each Owner in the Project, togethei with a statement that if the Association fails to pay such invoice in full within the time specified, the City will pursue collection against the Owners in the Project pursuant to the provisions of this Section. Said invoice shall be due and payable by the Association within twenty (20) days of receipt by the Association. If the Association shall fail to pay ‘such invoice in fbll within the period specified, payment shall be deemed .delinquent and shall be subject to a late charge in an mount equal to six percent (6%) of the amo~t of the invoice. ‘Thereafter the City may pursue collection from the Association by means of any remedies available at law or in equity. Without limiting the generality of the foregoing, in addition to all other rights and remedies available to the City, the City may levy a special assessment against the Owners of each Lot in the Project for an equal prorata share of the invoice, plus the late charge. Such special assessment shall constitute a charge on the land and shall be a continuing lien upon each Lot against which the special assessment is levied. Each Owner in the.Project hereby vests the City with the right and’power to levy such special assessment, to impose a lien upon their respective Lot and to bring all iegal actions andor to pursue lien foreclosure procedures against any Owner and PC RES0 NO. 4506 -7- 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 15. 16. 17. hidher respective Lot for purposes of collecting such special assessmen1 in accordance with the procedures set forth in Article of this Declaration. Prior to the approval of the final map,. Developer shall submit to the City a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Tentative Tract Map, Hillside Development Permit, Coastal Development Permit, and Variance by Resolutions No. 4506,4507,4508 and 4509 on the real property owned by the Developer. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any. conditions or restrictions specified for inclusion in the Notice of Restriction. ‘The Planning Director has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. This approval shall be null and void if the project site subject to this approval is not annexed to City of Carlsbad CFD No.. 1 within 60 days of the approval. The City shall not issue any grading, building, or other permit, until the annexation is completed. The City Manager is authorized to extend the 60 days, for a period not to exceed an additional 180 days for a total of 240 days from the date of City Council approval, upon a showing of good cause. The Developer shall provide a minimum. of 25 percent of the lots with adequate sideyard area for Recreational Vehicle storage pursuant to City Standards. The CC&Rs shall prohibit the storage of recreational vehicles in the required front yard setback. Landscabe 18. The Developer shall prepare a detailed landscape and irrigation plan in conformance with the approved Rehinary Landscape Plan and the City3 Landscape Manual. The plans shall be submitted to and approval obtained 6om the Planning Director prior to. the approval of the final map, grading pemit, or building permit, whichever occurs first. Thr Developer shall construct and install all landscaping as shown on the approved plans, anc maintain all landscaping in a’healthy and thriving condition, free from weeds, trash, ani debris. 19. The first submittal of detailed landscape and irrigation plans shall be accompanied by thc project’s building, improvement, and gmding plans. 20. Prior to approval ofthe final map, the Developer shall be required: 1) to consult with thc United States Fish and Wildlife Service (USFWS) regarding the impact of the project 01 the Coastal California Gnatcatcher; and, 2) obtain any permits required by the’USWFS. PC RES0 NO. 4506 -8- b 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 21. 22. 23. 24. 25. 26. The Developer shall implement, or cause the implementation of. the Dejong Residential Project Mitigation Monitoring and Reporting Program. Prior to the approval of the final map for any phase of this project. the Developer shall enter into an Affordable Housing Agreement with the City to purchase 4.2 anordable housing credits in the Villa Lorna housing project, in accordance with the requirements and process set forth in Chapter 21.85 of the Carlsbad Municipal Code. The draft Affordable Housing Agreement shall be submitted to the Planning Director no later than 90 days after the California Coastal Commission action on the. project. The recorded. Affordable Housing Agreement shall be binding on all future owners and successors in interest. The Developer shall dedicate on the final map, an open space easement for those portions of lots 29 and 30 which are (in slopes, wetlands, coastal sage scrub or other constrained land plus all other lands set aside as part of the Citywide Open Space System) in their entirety to prohibit any encroachment or development, including but not limited to fences, walls, decks, storage ‘buildings, pools, spas, stairways and landscaping other than that approved as part of (the grading plan, improvement plans, biological megetation program, landscape plan, etc.) as shown on Exhibit rcAn-uXn, dated March 17,1999. Removal of native vegetation and development of’ Open Space Lot(s) 29 and 30, including but not limited to fences, walls, decks, storage buildings, pools, spas, stairways and landscaping, other than that approved as part of (the grading plan, improvement plans, biological revegetation program, landscape plan,’ etc.) as shown on Exhibit “An- “X”, dated March 17,1999, is specifically prohibited, except upon written order of the Carlsbad Fire Department for fire prevention purposes, or upon written appbval of the Planning Director, and (California Coastal Commission if in Coastal Zone), based upon a request firom the Homeowners Association accompanied by a report from a qualified arboristhotanist indicating the need to remove specified trees and/or plants because of disease or impending danger to adjacent habitable dwelling units. For areas containing native vegetation the report required to accompany the request shall be prepared by a qualified biologist. . Prior to approval of the final map, the Developer shall provide an irrevocable offer of dedication.to the City of Carlsbad for a trail easement for trail(s) shown on the (Le. tentative m) within Open Space Lot(s) 30. If the City of Carlsbad accepts dedication of the trail easement, the trail shall be constructed a public traif and will be the maintenance and liability responsibility of the City of Carlsbad. If the City of Carlsbad does not accept dedication of the trail easement, the*trail shall still be constructed but it shall be constructed as a priuate rraif and shall be the maintenance and liability responsibility of the Homeowners Association. The Developer shall pay his fair share for the “short-term improvements to the El Camino ReaUPalomar Airport Road intersection prior to approval of the final map or the issuance of a grading permit, whichever occurs first. The amount shall be determined by the methodology ultimately selected by Council, including but not limited to, an increase in the city-wide traffic impact fee; an increased or new Zone PC RES0 NO. 4506 -9- .I 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 Condltlons; .. NOTE: Unless specifically stated in the condition, all of the following engineering conditions upon the approval of this proposed major subdivision must be me1 prior to approval of a final map. 27. 28. 29. 30. 31. 32. Prior to issuance of any building permit, the developer shall comply with the requirements of the City's -anti-graffiti program for Wall treatments if and when such a program is formerly established by the City. There shall be one final subdivision map recorded for-this project. All concrete terrace drains shall be &tained by the homeownefs association (if on commonly owned property) or the individual property owner (if on an individuallq owned lot). An appropriately worded statement clearly identifylng the rcsponsibilitq shall be placed-in the CC&Rs (if maintained by the Association) and on the Final Map. The developer shall defend, indemnifL and hold harmless the City and its agents, officers! and employees fkom any claim, action or proceeding against the City or its agents, officers, or employees to attack, set aside, void or .null an approval. of the City, the Planning Commission or City Engineer'which has been brought against the City within the time period provided for by Section 66499.37 of the Subdivision Map Act. Prior to hauling dirt or construction materials to or fkom any proposed construction site within this project, the developer shall submit to and receive approval hm the City Engineer for the proposed haul route. The developer shall comply with all conditions and requirements the City Engineer may impose with regards to the hauling operation. The developer shall install sight distance corridors at all street intersections in accordance with Engineering Standards and shall record the following statement on the Final Mar (and in the CC&h if applicable). "No structure, fence, wall, tree, shrub, sign, or other object over 30 inches abovr the street level may be placed or permitted to encroach within the area identified as a sight distance conidor in accordance with City Standard Public Street-Desigr Criteria, Section 8.B.3. The underlying property owner shall maintain thiz condition.." FeedAoreements 33. The developer shall pay all current fees and deposits required. 34. The owner of the subject property shall execute an agreement holding the City harmlest regarding drainage across the adjacent property. PC RES0 NO. 4506 -10- 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 35. 36. 37. The owner shall execute a hoId harmless agreement for geologic failure. Prior to approval of any grading or building permits for this project, the owner shall give written consent to the annexation of the area shown within the boundaries of the subdivision plan into the existing City of Carlsbad Street Lighting and Landscaping District No. 1 on a foxm provided by the City. This project is within the proposed. boundary of the Aviara Parkway - Poinsettia Lane Bridge and Thoroughfare Fee District #2. This project is required to pay a fair share contribution towards the construction of Aviara Parkway - Poinsettia Lane in accordance with the fee program. 38. The developer may enter into a reimbursement agreement with the City for right of way dedication and for required improvements to Poinsettia Lane as identified in the Aviara Parkway - Poinsettia Lane Bridge And Thoroughfare District Number 2. If the agreement is entered into, it must be approved prior to dedication ob right of way and prior to the beginning of construction. Grading 39. 40. 41. Based upon a review of the proposed grading and the grading quantities shown on the tentative map, a grading permit for'this project is required. The preliminary soils report has identified debris, old cars and trash to be removed and disposed of offsite. The grading plans for this project shall reflect the areas of removal amd shall conform to the recommendations contained in the Preliminary Geotechnical Investigation dated January 12,1998. Prior to the issuance of a grading permit or building permit, whichever occurs first, the developer shall submit proof that a Notice of -Intention has been submitted to the State Water Resources Control Board. Upon completion of grading, the developer shall ensure that an "as-graded" geologic plan is submitted to the City Engineer. The plan shall clearly show all the geology as exposed by the grading operation, all geologic corrective measures as actually constructed and must be based on a contour map which represents both the pre and post site grading. This plan shall be signed by both the soils .engineer and the engineering geologist. The plan shall be prepared on a 24" x 36" mylar or similar drafting film and shall become a permanent record. 42. ' Additional drainage easements may be required. Drainage structures shall be provided or installed prior to or concment with any grading or building pexmit as may be required by the City Engineer. PC RES0 NO. 4506 -1 1- C 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 43. 44. 45. 46. 47. 48. 49. The owner shall make an offer of dedication to the City for all public streets 311d easements required by these conditions or shown on the tentative map. The offer shall bc made by a certificate on the final map for this project. All land so offered shall be granted to the City fiee and. clear 'of all liens and encumbrances and without cost to the City. Streets that are already public are not required to be rededicated, The full width of Poinsettia Lane shall be dedicated by the owner along the project fiontage based on a center line to right-of-way width of 51' feet and in conformance with City of Carlsbad Standards. Black Rail Road shall be dedicated big the owner along the pr6ject frontage based on a center line to right-of-way width of 30' feet and in conformance with City of Carlsbad standards. Dirext access rights for all lots abutting Poinsettia Lane shall be waived on the final map. The only exception to this condition is the access to SDG&E facilities and to any public trail system. Direct access rights for lots 1 and 20 to Black Rail Road shall be waived on the final map. The developer shall comply with the City's requirements of the National Pollutant Discharge Elimination System (NPDES) permit. The developer shall provide best management practices as referenced in the "California Storm Water Best Management Practices Handbook" to reduce Surface pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such improvements shall be approved by the City Engineer: Said plans shall include but not be limited to notifying prospective owners and tenants of the following: A. All owners and tenants shall coordinate efforts to establish or work with established disposal programs to remove and properly. dispose of toxic and hazardous waste products. .B. Toxic chemicals or hydrocarbon compounds- such as gasoline, motor oil, an~eeze, solvents, paints, paint thinners, wood preservatives, and other such fluids shall not be discharged into any street, public or private, or into storm drain or storm water conveyance systems. Use and disposal of pesticides, hgicides, herbicides, insecticides, fertilizers and other such chemical treatments shall meet Federal, State, County and City requirements as prescribed in their respective containers. C.. Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. .. ;Plans, specifications, and supporting documents for all public improvements shall be PC RES0 NO. 4506 -12- % 1 2 3 '4 5 6 7 8 9 10 11 12 13 14 15 16 '1 7 18 19 20 21 22 23 24 25 26 27 28 prepared to the satisfaction of the City Engineer. In accordance with City Standards. thc developer shall install, or agree to install and secure with appropriate security as pro\-idt.d by law, improvements shown on the tentative map and the following improvements: A B. C. D. .. ... . Poinsettia Lane full half width improvements (as a 102' major arterial) within the boundary of this subdivision. Improvements to include but not be limited to full width grading- and. drainage improvements, A.C. paving B base, curb, gutter & sidewalk, public utilities, median hardscape, irrigation. and landscaping within this arterial roadway. Black Rail Road full half width improvements (as a 60' local street) along the frontage of this project. Improvements include but are not limited to grading. curb, gutter & sidewalk, A.C. paving & base, irrigation, landscaping and public utilities within this roadway. Sewer, Water and Storm Drains onsite and offsite to 5erve this subdivision as required and as shown on the tentative map. Check Dams downstream of drainage outlets across open space lot 29 as shown on the tentative map and as required dowastream to control erosive velocity of drainage. Location and design of. these check dams to be determined in fmal. design of this project, subject to the approval of the City Engineer. E. The fully improved median portion of Poinsettia Lane, a 102' wide major arterial plus an 18 foot wide lane. The offsite improvement of Poinsettia Lane shall include but not be limited to full width grading, transitions, AC berms, drainage facilities, and median curbs as identified in the Aviara Parkway - Poinsettia Lane Bridge and Thoroughfare District Number 2. F. Offbite transitions and/or reconstruction may be required for Black Rail Road and for Poinsettia Lane to provide a smooth transition to the satisfaction of the City Engineer. .. A list of the above improvements shall be placed on an additional map sheet on the final map per the provisions of Sections 66434.2 of the Subdivision Map Act.. Improvements listed above shall be constructed within 18 months of approval of the secured improvement agreement or such other time as provided in said agreement. 50. Drainage outfall end treatments for any drainage outlets where a direct access road for maintenance purposes is not provided, shall be designed and incorporated into the grading/improvement plans for the project. These end treatments shall be designed so as to prevent vegetation growth fiom obstructing the pipe outfall all to the satisfaction of the City Engineer. PC RES0 NO. 4506 -1 3- 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 20 Final Map Notes 51. Note(s) to the following effect@) shall be placed on the final map as non-mappins daua: 78.C.2.The owner of this property on behalf of itself and all of its successors in interest has agreed to hold haxmless and indemnifv the City of Carlsbad fiom any action that may arise through any geological failure, ground water secpage or land subsidence and subsequent damage that may occur on, or adjacent to, this subdivision due to its construction, operation or maintenance.. 78.C.l.Slopes steeper than two parts horizontal to one part vertical exist within the boundaries of this subdivision. 78.C.2.The owner ‘of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad hm any action that may arise through any Joint Access and Utility and any subsequent damage that may occur on, or adjacent to, the panhandldflag.lot design for lots 27 & 28 of this subdivision due to its construction, operation or maintenance. 78.D. 52. 53. No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above the street level may be placed or permitted to encroach within the area identified as a sight distance comdor in accordance with City Standard Public Street-Design Criteria, Section 8.B.3. The underlying property owner shall maintain this condition. The Developer shall’ provide the following note on the final map ofthe subdivision and final mylar of this development submitted to the City: “Chapter 21.90 of .the Carlsbad Municipal Code established a Growth Management Control Point for each General Plan land use designation. Development cannot exceed the Growth Control Point except as provided by Chapter 21.90. The land use designation for this development is RLM, 3.2 dwelling units per non-constrained acre. Parcels 1 through 30 were used to calculate the intensity of development under the General Plan and Chapter 21.90. Subsequent redevelopment or resubdivision of any one of these parcels must also include parcels 1 through 30 under the General Plan and Chapter 21.90 of the Carlsbad Municipal Code.”. The following note shall be placed on the Final Map: “Prior to issuance of a building pennit for any buildable lot within the subdivision, the Developer shall pay a one-time special development tax in accordance with the City Council Resolution No. 91-39.” PC RES0 NO. 4506 . -14- 1 & 3 3 4 5 6 7 8 9 10 il 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 54. - 55. 56. 57. 58. Approval of this request shall not excuse compliance with all applicable sections oi IIIC Zoning Ordinance and all other applicable City ordinances in effect at time of buildins permit issuance, except as otherwise specifically provided herein. The project shall comply with the latest non-residential disabled access requirements pursuant to Title 24 of the State Buil- Code. The Developer shall submit a street name list consistent with the City’s street name policy subject to the Planning Director’s approval prior to final map approval. All landscape and irrigation plans shall be prepared to confom with the Landscape Manu1 and submitted per the landscape plan check procedures on file in the Planning Department. Any signs proposed for this development shall at a minimum be designed in conformance with the City’s Sign Ordinance and shall require review and approva€ of the Planning Director prior to installation of such signs. Fire con- 59. Structures on lots 27 and 28 shall be CotlStNcted in conformance with Section 504 of the .. 1997 edition of the Urban Wildland Interface Code. Water Condltlons: .. 60. 61. 62. 63. 64. . The Developer shall be responsible for all fees, deposits and charges which will be collected before and/or at the time of issuance of the building permit. The San Diego County Water Authority capaciiy charge will be collected at issuance of application for any meter installation. The Developer shall provide detailed infomation to the District Engineer regarding water demand, irrigation demand, fire flow demand in gallons per minute, and projected sewer flow in million gallons per day. The entire potable water system, recycled water system and sewer system shall. be evaluated in detail by Developer and District Engineer to insure that adequate capacity, pressure and flow demands can be met. All District pipelines, pump stations, pressure reducing stations and appurtenances required for this project by the District shall be within public right-of-way or within easements granted to the District or the City of Cirlsbad. Sequentially, the Developer’s Engineer shall do the following: A. Meetwith the City Fire Marshal and estabIish the fire protection requirements. PC-RES0 NO. 4506 -15- 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 65. 66. 67. 68. 69. B. Prepare and submit a colored recycled water use area map and submit this nlap 10 111~‘ Planning Department for processing and approval by the District Ensineer. C. Prior to the preparation of sewer, water and recycled water irnproitement plans. the Developer shall submit preliminary system layouts to the District Engineer for review, comment and approval. The following note shall be placed on the final map. “This project is approved upon the expressed condition that building permits will not be issued for development of the subject property unless the District serving the development has adequate water and sewer capacity available at the time development is to occur, and that such water and sewer capacity will continue to be available until time of occupancy. All potable water and recycled water meters shall be placed within public right.of way.- The following items shall apply if checked: No more than 19 homes shall be served on a single potable water distribution pipeline. For those locations with more than 19 homes, a looped potable water pipeline system shall be designed. d The Developer will be responsible for construction of all sewer mains as necessary for the service of this project. Construction of the sewer main within Poinsettia Lane will include connection to the existing sewer in Poinsettia Lane at the western boundary of Aviary Planning kea m. The Developer will be responsible for the construction of approximately 1800 lineal feet of 18” PVC recycled water main, approximately 1800 lineal feet of 12” PVC potable water main and approximately 1800 lineal feet of 30” welded steel potable water main along Poinsettia Lane hm Black Rail Road to the boundary of Aviara Planning Area In. The Developer’s Engineer will show the recycled water main and the potable mains on the Poinsettia Lane Improvement Plans. The Developer will be reimbursed for the cost of construction of the recycled water main and the potable water mains as described above in accordance with terms of a signed reimbursement agreement between the Carlsbad Municipal Water District and the Developer. General: 70. If any of the foregoing conditions fail to OCCUT, or if they are, by their terns, to be implemented and maintained over time, if any of such. conditions fail to be so implemented and maintained according to their tenns, the City shall have the right to revoke or modify all approvais herein granted; deny or firher condition issuance of all future building permits; deny, revoke or Mer condition all certificates of occupancy issued under the authority of approvals herein granted; institute and prosecute litigation to compel their compliance with said conditions .or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City’s approval of this Tentative Tract Map. PC RES0 NO. 4506 -16- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1s 16 . . 17 ’ 18 19 20 21 22 23 24 25 26 27 28 Standard Code Reminders; 71. 72. 73. 74. 75. The tentative map approval shall expire twentyfour (24) months from the date of’ Planning Commission document approving this subdivision. The developer shall exercise special care during the construction phase of this project to prevent offsite siltation. Planting and erosion control shall be provided in accordance with the Carlsbad Municipal Code and the City Engineer. Some improvements shown on the tentative map .and/or required by these conditions are located offsite on property which neither the City nor the owner has sufficient title or interest to permit the improvements to be made without acquisition of title or interest. The developer shall conform to Section 20.16.095 of the Carlsbad Municipal Code. .. The Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as required by Chapter 20.44 of the Carlsbad Municipal Code. The Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. .NOTICE Please take NOTICE that approval of your. project includes the. “imposition” of fees, dedications, reservations, or .other exactions hereafter collectively referred to for convenience as “feedexactions.” You have 90 days &om date of fmal approval to protest imposition of these feedexactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified feedexactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any feedexactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. ... ... PC RES0 NO. 4506 -1 7- 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 PASSED, APPROVED AND ADOPTED at a regular meeting of the Pla11111ng Commission' of the City of Carlsbad, California, held on the 7th day of April 1999. b\. tl1c -. following vote, to wit: .. . AYES: chairperson Heineman, Commissioners Compas, L 'Heureus. Savary, and Segall 'NOES: ABSENT: Commissioners Nielsen and Welshons ABSTAIN: rn COURTNEY E. HEINEMAN, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: Planning Director PC RES0 NO. 4506 -18- RECORDING REQUEm BY: WHEN RECORDED MAIL TO: Ci Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, CA 92008 MAIL TAX EXEMPT STATEMENTS TO: EXEMPT SPACE ABOVE THIS LINE FOR RECORDER'S USE The undersigned grantor@) declare(s1: Assessots Parcel No.: 21 5-080-01 Documentary transfer tax is $&QQ Project No. 8 Name: 3673 ( computed bn full value of property conveyed. or Poinsettia Lane, R!acknil Road to &ne ( ) computed on full value less value of liens and 19 encumbrances remaining at time of sale. ' ( ) Unincorporated area: (x) Ci of Catisbad, and GRANT DEED OF EASEMENT FOR A VALUABLE CONSIDERATION; receipt of which is hereby acknowledged, . Arie de Jong Jr. and Anna P. de Jong, Trustees of the Arie de Jong Jr. Family Tnrst 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 SLOPE, TEMPORARY CONSTRUCTION, PUBLIC STREET AND DRAINAGE PURPOSES over, under, upon and across said real property as described in Exhibit #A' consisting of four (4) pages, attached hereto and made a part hereof. Exhibit 'B' consisting of three (3) pages is attached for clarity only. DATED 9/78/01 STATE OF CALIFORNIA 1 COUNTY OF SAN DIEGO 1 On (here insert name andtiie of the officer), personally appeared Ark3 &Jon? 4 f? Title: personally known to me ( *f (Type or Print) "e within instrument and acknowledged to me that hdsheexecuted the same in hisfher- authorized capacity(ies), and that by hisffnrHmignature(s) on the instrument the person@), or the entity upon behalf Name: p- de Jag, Trustee of which the person(s) acted, executed the Instrument. (Type or Print) i - ea I. before me, Name: ME! de Jmg, Trustee I -&Val +o . . (Type or Print) S to ms, WITNESS Signature: .- my hand and official seal., Title: (Type or Print) . EXHIBIT "A'" LEGAL DESC'RIPTION A.P.N. 215480-01 PROJECT NO. 3673 PARCEL 1 (POINSETTIA LANE) THE SOUTHERLY 51 .oo FEET OF PARCEL "c" OF CERTIFICATE.OF COMPLIANCE RECORDED MARCH 3,1997, DOC. NO. 1997-0106632 OF OFFICIAL RECORDS; SAID LAND BEING A PORTION OF SECTION 22, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, EXCEPTING THEREFROM THAT PORTION OF SAID SOUTHERLY 51.00 FEET LYING WITHIN BLACK RAIL ROAD AS SHOWN AND DESCRIBED IN DEED RECORDED DECEMBER 26,1997 AS FILE NO. 1997-0658902 OF OFFICIAL . RECORDS OF SAID SAN DIEGO COUNTY. TOGETHER WITH,THAT PORTION OF SAID PARCEL "C" LYING BETWEEN THE NORTHERLY SIDELINE OF THE HEREIN DESCRIBED PARCEL 1, AND THE EASTERLY 'SIDELINE OF SAID BLACK RAIL ROAD AND THE ARC OF A 25.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, SAID CURVE BEING TANGENT TO EACH OF THE LAST TWO MENTIONED LINES. PARCEL 2 (DRAINAGE EASEMENT) THAT PORTION OF PARCEL 'C" OF CERTIFICATE OF .COMPLIANCE RECORDED MARCH 3,1997. DOC. NO. 1997-0106632 OF OFFICIAL RECORDS, SAID WD BEING A PORTION OF SECTION 22, TOWNSHIP,12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND . MERIDIAN IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEING A 30.00 FOOT WIDE STRIP OF LAND LYING 15.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE SOUTHEAST CORNER OF PARCEL "C" OF CERTIFICATE OF COMPLIANCE RECORDED MARCH 3,1997, DOC. NO. 1997-0106632 OF OFFICIAL RECORDS; THENCE ALONG THE EASTERLY LINE THEREOF, NORTH 01°21'12't WEST, PAGE 1 OF 4 :PV M:K32nOO:\Legal Descrlplions\AOS OlA3.doc WO 2322-1 5129101 I 51.12 FEET TO AN INTERSECTION WITH THE NORTHERLY LINE OF THE HEREINABOVE DESCRIBED PARCEL 1; THENCE ALONG SAID NORTHERLY LINE, .NORTH 87'29'27" WEST, 465.35 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID . NORTHERLY LINE NORTH 66'43'56" WEST, 188.96 FEET TO THE.POINT OF TERMINUS. .. . . .. . .- . THE SIDELINES OF SAID 30.00 FOOT WIDE STRIP OF LAND TO BE SHORTENED OR EXTENDED so AS TO TERMINATE SOUTHEASTERLY IN THE NORTHERLY LINE OF THE HEREINABOVE DESCRIBED PARCEL A. .. PARCEL 3 (DRAINAGE EASEMENT) THAT PORTION OF PARCEL "C" OF CERTIFICATE OF COMPLIANCE RECORDED MARCH 3,1997, DOC. NO. 1997-0106632 OF OFFICIAL RECORDS, SAID LAND BEING A PORTION OF SECTION 22. TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN IN THE CITY OF CARLSBAD. COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEING A 15.00 FOOT WIDE STRIP OF LAND LYING 7.50 FEET ON EACH SIDE OF THE ..FOLLOWING DESCRIBED LINE: COMMENCING AT THE SOUTHEAST CORNER OF PARCEL 'C" OF CERTIFICATE OF . COMPLIANCE RECORDED MARCH 3.1997, DOC. NO. 1997-0106632 OF OFFICIAL RECORDS; THENCE ALONG THE EASTERLY LINE THEREOF, NORTH 01°21'12" WEST, 51.12 FEET TO A POINT ON THE NORTHERLY LINE OF THE. HEREINABOVE DESCRIBED . PARCEL 1; THENCE ALONG SAID NORTHERLY LINE, NORTH 87O29'27' WEST, 158.93 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID NORTHERLY LINE, NORTH 13O14'26" EAST, 101.51 FEET TO A POINT HERINAFTER REFERRED TO AS POINT "A", SAID POINT ALSO BEING THE POINT OF TERMINUS. THE SIDELINES OF SAID 15.00 FOOT WIDE STRIP OF LAND TO BE SHORTENED OR EXTENDED SO AS TO TERMINATE SOUTHWESTERLY IN SAID NORTHERLY LINE OF THE HEREINABOVE DESCRIBED PARCEL 1. PAGE 2 OF 4 :PV M.\2322\00l\Legal DescriptionsWOS OlAXdoc WO 2322-? 5129101 ' PARCEL 4 (DRAINAGE EASEMENT) THAT PORTION OF PARCEL "Cw OF CERTIFICATE OF COMPLIANCE RECORDED MARCH 3,1997, DOC. NO. 1997-0106632 OF OFFICIAL RECORDS, SAID LAND BEING A PORTION OF SECTION 22, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN IN THE CITY OF CARLSBAD, COUNTY OF SAN D-IEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEING'A 30.00 FOOT WIDE STRIP OF LAND LYING 15.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE HEREINABOVE DESCRIBED POINT "A"; THENCE NORTH 13O14'26" EAST, 30.00 FEET TO THE POINT OF TERMINUS. PARCEL 5 (SLOPE EASEMENT) THAT PORTION OF PARCEL 'C" OF CERTIFICATE OF COMPLIANCE RECORDED MARCH 3,1997, DOC. NO. 1997-0106632 OF OFFICIAL RECORDS, SAID LAND BEING A PORTION OF'SECTION 22, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND . MERIDIAN IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF PARCEL 'C" OF CERTIFICATE OF COMPLIANCE RECORDED MARCH 3,1997, DOC. NO. 1997-0106632 OF OFFICIAL RECORDS; THENCE ALONG THE.EASTERLY LINE THEREOF, NORTH OIOZ~~IZ- WEST, . 51.12 FEET TO A POINT ON THE NORTHERLY LINE OF THE HEREINABOVE DESCRIBED PARCEL 1 AND THE TRUE POINT OF BEGINNING; THENCE ALONG SAID NORTHERLY LINE THE FOLLOWING; NORTH 87O29'27" WEST, 1285.10 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 25.00 FEET; THENCE NORTHWESTERLY ALONG SAID NORTHERLY LINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 85'27'24", A DISTANCE OF 37.29 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF SAID BLACK RAIL ROAD; THENCE ALONG . SAID EASTERLY RIGHT-OF-WAY LINE, NORTH 02°0203" WEST, 36.04 FEET; THENCE LEAVING SAID EASTERLY RIGHT-OF-WAY LhJE, SOUTH 89°19'00" EAST, 603.19 FEET; THENCE NORTH 85°58'00" EAST, 206.98 FEET; THENCE NORTH 14°45'00" EAST, 94.12 PAGE 3 OF 4 :PV M:\2322\00l\Legal Descriptions\AOS OlA3.doc. WO 2322-1 5/29/01 ,- FEET; THENCE SOUTH 65’53’00” EAST, 172.45 FEET; THENCE SOUTH 86O52’00” EAST, 189.30 FEET; THENCE SOUTH 45O46’00“ EAST, 179.84 FEET TO A POINT ON THE EASTERLY LINE OF SAID PARCEL “C“; THENCE ALONG SAID EASTERLY LINE, SOUTH 01°21’12“ EAST, 8.49 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 6 (TEMPORARY CONSTRUCTION EASEMENT) THAT PORTION OF PARCEL “C” OF CERTIFICATE OF COMPLIANCE RECORDED MARCH 3,1997, DOC. NO. 1997-0106632 OF OFFICIAL RECORDS, SAID LAND BEING A PORTION OF SECTION 22, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEING A 10 FOOT WIDE STRIP OF LAND,THE NORTHERLY SIDELINE BEING PARALLEL WITH AND 10.00 FEET NORTHERLY OF THE NORTHERLY LINE OF THE HEREINABOVE ,DESCRIBED PARCEL 5. THE SIDELINES OF SAID 10.00 FOOT WIDE STRIP OF LAND TO BE SHORTENED OR EXTENDED SO AS TO TERMINATE EASTERLY IN THE EASTERY LINE OF SAID PARCEL “C” AND WESTERLY IN THE EASTERLY RIGHT-OF-WAY LINE OF SAID BLACK RAIL ROAD. DANA MICHAEL SEGUIN L.S. 6215 . HUNSAKER & ASSOCIATES SAN DIEGO. INC. PAGE 4 OF 4 :PV M:Q232nOOl\Legal DescriptionsW05 OlA3.doc WO 2322-1 5/29/01 """"" """"" NORTHERLY LINE OF FRACIKINAL SCnON 22, 112s. R44 S.B.M., PER W NO. 13429. i. e. N 89'57'43r. " I"J a4TA SHOW HEREON IS BISE0 ON THE FOLLOWING RECORD OF SURW MAPS: 584, 4772, 4773. 5715, .6269. 10774, 12096. 13762 AND 14630. RECORD OF SURMY UP NO. 14608 SHOWS ALERMlE LOCATIONS FOR PROPERTY LiNES SHOWN HEREON AS TO THE LOCATION OF PROPERTY OR OWERSHIP LINES. I VICINITY MAP . LEGAL DESCRPITON m PARCEL %" OF CERTlflc4TT OF COMPLMNCE RECORDED MRCH 11. 1997, RECORDS,. SAID PARCEL "C" LYING WITHIN SEC. 22, T. 12s.. R4W.. S.B.M.. IN THE CITY OF MLS61AD. COUNTY OF !iAN No SCALE HUNSAKER & ASSOCIATES DOC. NO. 1997-01066.~2 OF omcM IAN DlfGQ INL PLANMNG lOV9 Husndrcm SC 5th 200 DIEGO, STATE OF CALIFORNM. ENCWRlNC Sn Dkp, G 92lZl SURWMC FI#bl9)558-4SW * rXlbl9b5bWU R\~~l.DW SHEETlOF3 DEDICAnON PLAT - C/W OF CAULStilAD APPUCANT: PREPARED BY: I PROJECT: I A.P.N.: CITY OF CARLSAD 2 1 5-080-0 1 2075 LAS PAWAS DRIVE CNUBAD, CA 92009-1576 UWSlRUClWN mEWENT EXPIRES: 3/31/02 PROJECT NO. 3673 (760) 438-1 161 EXHIBIT . "B " WNC ENCIWRINC LEGEND.. hB ACRES INQKYTES STREET DEDlcllTlON 1.534 INDICATES DR41MGZ USWENT DEDlC47lON HUNSAKER &ASSOCIATES SAW OlECO. INL rn&&%*rn 1 0 100 200 300 . ..I a- 0 VI SCALE 1" = 100' m1NSm UNL; SLWE CITY OF CAaSBAD DfZlWGEh E" 2 1 5-080-0 1 2075 US PM ORlVE C%J\ txAvsnwq mrnm CAciLsBAO CA 92003-1576 (760) 458-1161 PROJECT NO. 3673 EXHIBIT "B" N N HUNSAKER & ASSOCIATES IAN DI€GO. INC 100 0 100 200 300 PUNHNC 10- Ihmekss Sr Suite Mo SCALE 1" = 100' sHEET3oF WPUCANCI: PREPARED m I AP.N.: PcwIVsETM UNE; SLOPE CIMff -AD DWMGE h mvpoRARy 2 15-080-0 1 2075 US PALMAS DRIVE 5FSaaf cm?srRwm€AsE" WShD. CA 92009-1576 (760) 438-1161 EXPIRES: 3/31/02 PRWECT NO. 3673 EXHIBIT "By' Exhibit C Esumate of Reimbursable Expenses for Keystone Project, CT 9846 Ineldental Item Inspection and Construction 20 . $7,150.00 50.0% $14,300.00 $14,300.00 LS 1 Full WM Plan Preparation gement at 7.5% of Bid Item