HomeMy WebLinkAbout2004-11-02; City Council; 17870; Carlsbad RacewayCITY OF CARLSBAD -AGENDA BILL
4B# 17,870 - TITLE: APPROVING THE AGREEMENT FOR WAIVER AND
VITG. I 1 /02/04
IEPT. ENG AUTHORIZING THE CITY CLERK TO PROCESS THE
CONSENT TO THE FORMATION OF A COMMUNITY FACILITIES DISTRICT, AND APPROVING THE FINAL MAP FOR
CARLSBAD TRACT 98-10, CARLSBAD RACEWAY, AND
MAP FOR RECORDATION
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DEPT. HD.
CITY ATT
CITY MGR-
RECOMMENDED ACTION:
Adopt Resolution No. 2004-350 authorizing the Mayor to sign the Waiver and Consent Agreement (WCA) to the Creation of a Community Facilities District approving the final map for Carlsbad Tract CT 98-10, Carlsbad Raceway, and authorizing the City Clerk to process the map and agreement for recordation.
ITEM EXPLANATION:
Engineering staff has completed checking the final map of CT 98-10, Carlsbad Raceway. This subdivision is generally located north of Palomar Airport Road between Melrose Drive and Business Park Drive in Local Facilities Management Zone 18. This project proposes 25 industrial lots and 3 open space lots for a
total of 28 lots on a 147-acre parcel of land. The proposed open space lots will be deed restricted primarily as an open space preserve.
Financial Guarantee for Faraday/Melrose
This project has a condition of approval that requires a “Financial Guarantee” for the construction of Faraday Ave. Specifically, The Raceway condition, as amended by the Carlsbad City Council, reads:
“Prior to recordation of a final map or the issuance of a grading permit, whichever
occurs first, a financial guarantee for the construction, as specified in the appropriate
agency permissions, of Faraday Avenue extension between Orion Way and Melrose Drive shall be approved by the Carlsbad City Council. I‘
At its meeting of June 3, 2003, the Council approved the Final Map for CT 99-06, Palomar Forum including an alternative approach to provide a financial guarantee for the construction of Faraday Avenue and Melrose Drive prior to recordation of the final map. Similarly, the Raceway Project CT 98-10 has advanced to a point of approval and desires to proceed with their project as well. The formation of the Community Facilities Financing District will follow the approval of this project and the WCA will require the developer to:
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Post bonds for the subdivision improvements Not oppose the formation of the Community Facilities District Provide a letter of credit for fair share of contributions to the District prior to the sale of any lot or issuance of the first Building Permit.
The developer’s final map cannot be recorded until the WCA has been executed and all required security
posted. The agreement is complete in the same form as the previously approved agreement for the
Palomar Forum development. Bonds and agreements for all of Melrose Drive and onsite improvements
for the proposed project have been posted. Staff, consistent with the conditions of approval, has agreed
to present this alternative form of security to City Council.
The final map conforms substantially with the tentative map as approved by Planning Commission on
October 17, 2001 per PC Resolution No. 5028, and extended on February 18, 2004 per PC Resolution
5567. The final map also conforms to the General Plan, all the applicable requirements of the Municipal Code, City Standards, and Growth Management Plan. The applicant, Fenton Raceway, L.L.C., is
requesting the recordation of said final map.
This project requires processing and approval of a Planned Industrial Permit for each industrial lot prior to
issuance of building permits.
'. Page 2 of Agenda Bill No. 17,870
FISCAL IMPACT:
The developer pays a plancheck fee to cover the expense of planchecking and processing the final
map for recording. All appropriate building permit fees will be paid when building permits are issued
for this project.
EXHIBITS:
1. Location Map.
2. Resolution No. 2004-350 authorizing the Mayor to sign the Waiver and Consent
Agreement, approving the final map for Carlsbad Tract CT 98-10, Carlsbad Raceway, and
authorizing the City Clerk to process the map and agreement for recordation.
3. Waiver and Consent to Creation of a Community Facilities District and Agreement to Pay
Fair Share Cost of CT 98-10.
DEPARTMENT CONTACT: Clyde Wickham, (760) 602-2742, cwick@ci.carlsbad.ca.us
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LOCATION MAP
PROJECT NAME PROJECT NUMBER
CT98-IO CARLSBAD RACEWAY
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EXHIBIT
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RES0 LU TI 0 N NO. 2004-350
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING THE AGREEMENT FOR
WAIVER AND CONSENT TO THE FORMATION OF A COMMUNITY
FACILITIES DISTRICT, APPROVING THE FINAL MAP FOR
AUTHORIZING THE CITY CLERK TO PROCESS THE MAP FOR
RECORDATION.
CARLSBAD TRACT 98-10, CARLSBAD RACEWAY, AND
WHEREAS, Fenton Raceway, LLC, a California Limited Liability Company has submitted a
final map known as CT 98-10, Carlsbad Raceway, to the City of Carlsbad for approval; and
WHEREAS, the tentative map of CT 98-10 with conditions, was approved by Planning
Commission on October 17, 2001 per PC Resolution No. 5028; and
WHEREAS, the tentative map of CT 98-1 0 with conditions, was extended by Planning
Commission on February 18,2004 per PC Resolution No. 5567; and
WHEREAS, the City Council considered the developers’ proposal for compliance with the
requirements to provide a financial guarantee for the construction of Faraday Avenue and Melrose
Drive; and
WHEREAS, the City Council finds that the developers’ proposal for compliance with the
conditions of approval for the approved tentative map is acceptable; and
WHEREAS, in compliance with the conditions of approval for CT 98-1 0, the City Council
finds the appropriate environmental permissions for the construction of Faraday Avenue extension
have been obtained; and
WHEREAS, the Waiver and Consent Agreement is approved in concept, subject to City
Attorney review and modification; and
WHEREAS, in recognition of the above, the Public Works Director has determined that
said map substantially conforms to said conditionally approved tentative map; and
WHEREAS, the conditions of approval for said final map have been completed or secured;
and
WHEREAS, the developer has offered public easements for dedication to the City of
Carlsbad; and
WHEREAS, the final map conforms to the City of Carlsbad General Plan and all
requirements of City codes and standards; and
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WHEREAS, the City Council of the City of Carlsbad determined it to be in the public
interest to approve said final map,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California as follows:
1. That the above recitations are true and correct.
2. That said final map known as Carlsbad Tract CT 98-1 0, Carlsbad Raceway,
which is on file with the Public Works Director and is incorporated herein by reference, is
accepted subject to final approval of the Waiver and Consent Agreement.
3. That the form of the Waiver and Consent Agreement is approved subject to the
City Attorney’s final approval of the appropriate wording.
4. That the Mayor of the City of Carlsbad is hereby authorized and directed to
execute said agreement for and on behalf of the City of Carlsbad.
5. That the City accepts the dedications as shown on the final map.
6. That the City Clerk is authorized to cause the original final map and agreement
to be recorded in the Office of the County Recorder of San Diego County, State of California.
7. That the City Clerk is authorized to release the map to First American Title
Company for recording in the Office of the County Recorder.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of
the City of Carlsbad held on the 2nd day Of November , 2004 by the
following vote, to wit:
AYES: Council Members Lewis, Finnila, Kulchin, Hall and Packard.
ATTEST ,
MAINE p. WOOD, City Clerk (SEAL)
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
I.
City Clerk
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Space Above Line For Recorder’s Use
WAIVER AND CONSENT TO
CREATION OF A COMMUNITY FACILITIES DISTRICT
AND AGREEMENT TO PAY FAIR SHARE COST
OF CT 98-10 (“AGREEMENT”)
WHEREAS, the undersigned Property Owner is processing for development with
the City of Carlsbad (hereinafter referred to as “City”) a development project known and
identified as Tentative Tract Map CT 98-10 (hereinafter referred to as the “Project”); and
WHEREAS, the legal description for the property included in the Project (the
“Property”) is shown on Exhibit “A” attached hereto and incorporated herein by
reference; and
WHEREAS, City has determined this Project is located within the boundaries of a
proposed Community Facilities District known as Community Facilities District No. 3,
(Faraday Ave. and Melrose Drive) (hereinafter referred to as the “District”); and
WHEREAS, the District is intended to be formed to finance those improvements
generally described in Section 1 herein; and,
WHEREAS, Property Owner desires to obtain City approval of a final subdivision
map for the Project prior to the formation of District; and,
265359-1 1
WHEREAS, a condition of approval of Tentative Tract Map CT 98-10 states:
“Prior to recordation of a final map or issuance of a grading permit, whichever occurs
first, a financial guarantee for the construction, as specified in the appropriate agency
permissions, of Faraday Avenue extension between Orion Way and Melrose Drive shall
be approved by the Carlsbad City Council” (the “Tentative Map Condition”); and
WHEREAS, the compliance with tentative map conditions is a condition of
approval for the final map for the Project; and,
WHEREAS, the City and Property Owner desire to agree to an alternative method
of financing the improvement of Faraday Avenue as described in Section 1 herein that
will allow Property Owner to discharge its fair share obligation for said improvement in
lieu of, or in anticipation of, participation in District; and,
WHEREAS, the City Council agree that Property Owner, upon entering into and
complying with the terms of this Agreement including, without limitation, the terms for
payment of the fair share described herein, has met the requirement set forth in the
Tentative Map Condition, to provide a financial guarantee for the construction of the
improvement of Faraday Avenue described in Section 1 below; and,
WHEREAS, the Property Owner voluntarily enters into this Agreement with
respect to the Project; and,
WHEREAS, the City Council has determined that in consideration of the
improvement phasing program described below, there will be no major impact on the
circulation system at the present time if development of the Project is allowed to proceed
with sufficient financial guarantees for future construction of Property Owner’s fair share
of Faraday Avenue;
265359-1 2 7
NOW, THEREFORE, in consideration of proceeding with the processing of the
Project, the undersigned Property Owner and City hereby agree and certify to the
following:
1. Property Owner has previously petitioned the City for the initiation of the
proceedings for the formation of District which will cause the construction and
installation and/or financing of the following improvements (hereinafter
“Improvements”) which are generally described as follows:
(a) Palomar Airport Road widening from west of Melrose Dr. to the
Vista City limits (“Palomar”);
(b)
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(“Melrose”);
(4
Airport Road;
(e)
Faraday Avenue.
Faraday Ave. from Orion St. to Melrose Dr. (“Faraday Avenue”);
Melrose Dr. from Palomar Airport Rd. to the Vista City limits
Melrose Drive construction of right turn lane south of Palomar
El Fuerte from northerly terminus to the future extension of
2. The cost of construction, engineering, environmental mitigation, legal and
other incidental expenses of the Improvements will be funded by the District if and when
formed.
3. Property Owner acknowledges its right to notice of and participation in all
phases of formation under the “Mello-Roos Community Facilities Act of 1982,” and
hereby expressly waives the proceedings required and all limitations contained in Title 5,
Division 2, Chapter 2.5 of the California Government Code and nonetheless with full
265359-1 3 8
knowledge of such rights, completely and forever waives such rights. Specifically,
Property Owner hereby consents to the proceedings and waives any right to protest the
formation of the District and the ordering of the Improvements under applicable
California statutes and consents to and supports formation of said District with respect to
the Project.
4. (a) Property Owner agrees to pay to City, or provide its fair share of
the costs of the Faraday Avenue improvements (“Fair Share”) as set forth below.
(b) Property Owner’s payment of its Fair Share, initially estimated to
be in the amount of $3,362,713, shall be secured by the posting of cash or a letter of
credit, in a form and from a financial institution acceptable to the City Finance Director,
prior to the earlier of (i) transfer of a fee simple interest in all or any portion of the
Property or (ii) issuance of a building permit for the first commercial structure to be
constructed within the Project. If any portion of the Property is transferred without the
posting of the required security, both the succeeding property owner and Property Owner
shall be jointly and severally responsible for providing the required security.
(c) The Property Owner’s Fair Share will be conclusively determined
by the City Council in the manner described in Exhibit “B” attached hereto and
incorporated herein by reference based upon (i) the actual costs of Faraday Avenue or
such other alternative improvements found by the City Council to be functionally
equivalent to Faraday Avenue (“Functionally Equivalent Improvements”), if the District
is not formed, or (ii) according to the methodology used to establish the spread of special
taxes of the District, if the District is formed.
265359-1 4 4
(d) Any funds paid to the City shall be held in an interest-bearing
account and disbursed only for use in the construction of Faraday Avenue or the
Functionally Equivalent Improvements.
(e) Alternatively, if the District is formed and the Project is included
within it, Property Owner’s obligation to pay its Fair Share pursuant to this Agreement
shall be satisfied upon formation of the District through the issuance of bonds and levy of
special taxes of the District. In addition, within a reasonable time after formation of the
District all funds held by the City provided by the Property Owner pursuant to this
Agreement that have not been previously expended for Faraday Avenue or Functionally
Equivalent Improvements will be returned to the Property Owner or any letter of credit
provided on behalf of the Property Owner pursuant to this Agreement will be released.
For purposes of this Section 4(e), “formation of the District” shall mean (i) the District
has been established and authorized to finance the Faraday Avenue improvements,
among others, (ii) the qualified electors of the District have authorized the special taxes
and bonded indebtedness of the District and (iii) the limitations period has expired for
challenging such election.
(f) Property Owner agrees to construct Palomar and Melrose in
accordance with its conditions of approval and the applicable Subdivision
Improvement(s) Agreements for CT 98-10.
5. Property Owner acknowledges that this Agreement to pay its Fair Share
and participate in the financing of the Faraday Avenue improvements is voluntary and
that without this Agreement, Property Owner would be precluded from obtaining final
map approvals or building and other development permits under the provisions of the
265359-1
General Plan, Chapter 21.90 of the Carlsbad Municipal Code, applicable zone plan,
financing plans and related documents until a satisfactory financing program has been
developed to fbnd the Faraday Avenue improvements.
6. Property Owner hereby waives its right to challenge the amount,
establishment or imposition of said Fair Share and further waives any rights to pay said
Fair Share under protest.
7. This Agreement does not affect, in any way whatsoever, the obligation of
Property Owner to pay any other fees or assessments associated with Property Owner’s
development and/or to post improvement bonds as required by the City Engineer. Nor
does this Agreement relieve Property Owner from providing other public facilities
required under conditions placed upon the Property by the applicable tentative map CT
98-10 by the City.
8. Property Owner agrees that payment of its Fair Share is not a fee and
waives any and all rights to notice of or challenges to the establishment or imposition of
said Fair Share as a fee under provisions of Government Code Section 66000, a. seq. or
any successor or related statutes.
(a) 9. In the event no District is formed, hnds on deposit will be utilized
only as a fair share of costs to otherwise complete Faraday Avenue or Functionally
Equivalent Improvements.
(b) If the actual Fair Share obligation is lower than the amount
previously deposited or provided by Property Owner to City, City shall rehnd any
excess, in the manner described in this Section 9 and in Section 10 below.
265359-1 6
(c) Any refund shall be made from funds available within District
upon District formation or the completion of construction of Faraday Avenue or the
Functionally Equivalent Improvements and shall not be an obligation of City’s General
fund or other revenue sources.
(d) No reimbursement is required unless and until the City Council
determines that sufficient funds are available to complete construction of Faraday
Avenue or the Functionally Equivalent Improvements.
10. (a) Upon completion of Faraday Avenue or the Functionally
Equivalent Improvements, and recording of the Notice of Completion for the final phase
of the construction, the City Engineer shall determine the total cost of all construction
and all related work (“Costs”), and the Finance Director shall determine the total amount
of revenue including fees, taxes, interest earned on funds received by the City dedicated
to paying for such construction (“Revenues”). The Finance Director shall then compare
the amount of Costs and Revenues to determine if there are any excess Revenues in an
amount and in the manner described below. If excess Revenues are equal to, or less than
$10,000, the City shall retain these funds in a special fund to be used to finance street
repair, maintenance, and landscaping of the improvements.
(b) The total amount of excess Revenues shall be determined by
deducting the amount of the Costs from the available Revenues. Total project Costs shall
include all costs to plan, design, construct, mitigate environmental impacts, inspect, and
otherwise complete the project to the satisfaction of the City Engineer, including
applicable charges for City staff services. Total Revenues shall include all monies held
by the City dedicated exclusively to the construction of Faraday Avenue or the
265359-1 7
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Functionally Equivalent Improvements including any fee revenues earmarked for the
Project, CFD No. 3 taxes and bond proceeds, grants, and interest earned on restricted
funds as determined by the Finance Director.
(c) The amount of the refund due to Property Owner shall be based on
its proportionate share of the Costs and Revenues as determined in accordance with
Exhibit B.
(d) In order to share in the rehd of any portion of the excess
Revenues, the eligible party must request to be included in the distribution of funds.
Such request must be made within 90 days after the City Council’s acceptance of the
Notice of Completion for the final phase of construction. Each request must be
accompanied by documents indicating clear title to the refund unless the request is being
made by the party who originally paid the funds to the City pursuant to this Agreement.
As a courtesy to all interested parties, the City will maintain a file of those individuals or
companies entitled to a refund, and will mail notices of refund availability to the names
and addresses in this file following the City Council’s’ acceptance of the final Notice of
Completion. It is the eligible party’s responsibility to notify the City if the right to any
refunds under this section is assigned to another party, or if there is a change in name or
address for the eligible party. The City takes no responsibility for the accuracy of the
information included in this file, and is under no obligation to locate persons or entities
who are entitled to refunds. Failure to notify any party of the availability of excess
Revenues shall not obligate the City in any way to extend or modify the above refund
procedures.
265359-1 8
(e) The Finance Director shall compute the amount of the refund due
the Property Owner as described above. Funds may be reimbursed to the Property Owner
following City Council approval of such reimbursement.
11. Compliance with this Agreement will be accepted by City as the financial
guarantee for Faraday Avenue required by the Tentative Map Condition.
12. This Agreement does not require City to issue building permits or other
development permits or grant approvals or relieve Property Owner of the obligation to
comply with all applicable provisions of law, including but not limited to Carlsbad
Municipal Code Titles 18, 19,20 and 2 1.
13. Compliance with the provisions of this Agreement is a condition of all
fiture discretionary approval for the Project. If Property Owner does not comply with
the provisions of this Agreement, approval of the Project will not be consistent with the
General Plan, the Growth Management Program, and the Local Facilities Management
Plan, and all subsequent discretionary approvals and permits for the Project may be
withheld by the City.
14. In addition, the City will not approve any pending final maps, issue
grading, building or other development permits or take any discretionary action until the
Property Owner has complied with the terms of this Agreement due to be satisfied at the
time such approval is required.
15. The City may, at its discretion, elect to pursue any remedy, legal or
equitable against Property Owner and Property Owner’s successors, heirs, assigns, and
transferees of the Project to secure compliance with this Agreement.
265359-1 9
16. City shall not, nor shall any officer or employee of the City, be liable or
responsible for any loss or damage incurred by Property Owner or any successor or
assign of Property Owner, or by any occupant in Property Owner’s buildings, as a result
of the exercise of any remedies provided to the City in this Agreement. Property Owner
agrees to indemnify City for any liabilities incurred by City as a result of City’s exercise
of these remedies.
17. This Agreement and the covenants contained herein shall be binding upon
and inure to the benefit of the successors, heirs, assigns, and transferees of Property
Owner with respect to the Property only and City, and shall run with the Property and
create an equitable servitude upon the Property.
18. All notices provided for under this Agreement shall be in writing and shall
be delivered in person or served by certified mail postage prepaid. Delivery of notice to
Property Owner shall be presumed to have been made on the date of mailing regardless
of receipt by Property Owner. Notices required to be given to Property Owner and/or
City shall be addressed as follows:
Notices to the City shall be delivered to the:
Finance Director
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008
Notices to Property Owner shall be delivered to:
Fenton Raceway LLC
c/o H.G. Fenton Company
Attn: Allen Jones
7588 Metropolitan Drive
San Diego, California 92 108-4401
265359-1 10
Each party shall notify the other of any change that would require any notice delivered
hereunder to be directed to another party.
19. This Agreement shall be recorded but shall not create a lien or security
interest in the Project.
[Text resumes on Page 12 with Section 201
265359-1 11
20. The undersigned Property Owner further states, under penalty of perjury,
that he is owner of the property as described in Exhibit “A”, or an authorized agent of the
Property Owner, and has the authority to execute this document, including the binding
authorization herein.
Executed this day of October, 2004.
FENTON RACEWAY LLC,
a California limited liability company
By: H.G. FENTON COMPANY,
a California corporation, its Manager
By:
Title:
By:
Title:
CITY OF CARLSBAD, a municipal corporation of
the State of California
By:
Name:
Title:
ATTEST:
Name:
Title:
APPROVED AS TO FORM:
Name:
Title:
265359-1 12
STATE OF CALIFORNIA )
COUNTY OF 1
1 ss.
On before me, , a notary public in and for said State, personally appeared
, personally known to me (or proved to me on the
basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in
hisherhheir authorized capacity(ies), and that by hishedtheir signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
WITNESS my hand and official seal.
Signature
STATE OF CALIFORNIA )
COUNTY OF )
1 ss.
on before me, , a notary public in and for said State, personally appeared , personally known to me (or proved to me on the
basis of satisfactory evidence) to be the person(s) whose name(s) idare subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by hishedtheir signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
WITNESS my hand and official seal.
Signature (Seal)
265359-1 15
THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER, ALONG WITH THE SOUTHWEST QUARTER
OF THE NORTHWEST QUARTER, ALONG WITH THE SOUTHWEST QUARTER OF THE NORTHEAST
QUARTER, ALL OF SECTION 18, TOWNSHIP 12 SOUTH, RANGE 3 WEST, SAN BERNARDINO
MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA
ALSO PORTIONS OF:
THE NORTHWEST QUARTEX OF THE SOUTHEAST QUARTER, ALONG WITH THE NORTKEAST QUARTER
OF THE SOUTHWEST QUARTER, ALONG WITH THE NORTHWEST QUARTER OF THE SOUTHWEST
QUARTER, ALL OF SECTION 18, TOWNSHIP 12 SOUTH, WOE 3 WEST, SAN BEMARDIN0
MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEOO, STATE OF CALIFORNIA.
ALSO, LOT 2, SECTION 13 TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNAROINO
MERIDIm, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CACIFDRNIA.
ALSO, SBCTION 13, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN AND
SECTION 18, TOWNSHIP 12 SOUTH,RANGE 3 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY
OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA.
BEING MORE PARTICULARLY DESCRIBED As FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHEAST
QUARTER OF SAID SECTION 18, TOWNSHIP 12 SOUTH, RANGE 3 WEST; THENCE AXJONG THZ
PER ROS 12232) 693.38 Fm; THENCE LEAVING SAID LINE, SOUTH 69O45'42" WEST, 36.67
SOUTHERLY LINE OF SAID QUARTER, NORTH a9027'44n WEST mc. NORTH 89027'55n WEST
FEET; THFNCE SOUTH 89033'45" WEST 1352.59 FEET; THENCE NORTH 45003'52* WEST 31.06
FEET; THEXCE SOUTH ag*si'4511 WEST 775.37 FEET; THENCE NORTH 52002'02n WEST 38.57
FEET TO A POINT ON THE !SOUTHERLY LINE OF THE SOUTHWEST QUARTBR OF THE NORTHWEST
QUARTER OF SAID SECTION 18; THENCE, ALONG SAID SOUTHERLY LINX, NORTH 89O27'44"
WEST 72.88 FEET; THENCE. LEAVING !SAID LINE SOUTH 09.28'07" WEST 30.44 FEET;
"HENCE SOUTH 63°00'42'* WEST 42.19 FEET; THENCE NORTE 86°20'04" WEST 668.30 PEET;
T"CE SOUTH 61.23'57'' WEST 52.32 FEET; THENCE NORTR 8b047*02" WEST 620.41 FEET;
THENCE NORTH 40.35'39" WEST 21.66 FEET; THENCE NORTH 7Oa29'29* WEST 131.18 FEET;
THENCE NORTH 19O30'31" EAST 105.80 FEET; THENCE NORTH 57.27'22" WEST 158.63 FEET;
T"CE SOUTH 87O22'10" WEST 87.11 FEET TO A POINT ON TBB WESTERLY LINB OF SAID
LOT 2, SECTION 13, TOWNSHIP 12 SOUTH, RANGE 4 WEST, AND SHOWN ON RECORD OF
SURVEY NO. 12232 RBCORDED FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY JUNE 16, 1989; THENCE, ALONG SAID WESTERLY LINE, NORTH 02O37'50"
WEST (REC. NORTH 2O37'31" WEST ) 1053.41 FEET TO THE NORTHWEST CORNER OF SAID LOT
2; THENCE, ALONG THE NORTHERLY LINE OF SIAD LOT 2, SOUTH 89O27'19" EAST 489.83
FEET (RBC. NORTH 89O25'38" WEST 490.23 FEET ) TO THE NORTHEASTERLY CORNER OF SAID
LOT 2 AND THE NORTHWESTERLY CORNER OF SAID SOUTHBRN HALF THE NORTHWEST QUARTER
OF SECTION 18, TOWNSHIP 11 SOUTH, RANGE 3 WEST; THENCE ALONG THE NORTHERLY LINB
OF SAID SOUTHERLY HALF, SOUTH 89O45'15" EAST 3103.19 FEET (REC. NORTH 89.45'35"
WEST 3108.77 FEET ) TO THE NORTHEASTERLY CORNER OF SAID SOUTHERLY HALF AND THB
NORTHWESTERLY CORNER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTBR OF
SBCTION 18, TOWNSHIP 12 SOUTH, RANGE 3 WEST; T"CL ALONG THE NORTHERLY LINE OF
WEST 1327.32 FEET TO THE NORTHEASTERLY CORNER OF SAID NORTHEAST QUAR!l'ER;
THENCE, ALONQ THE EASTERLY LINE OF SAID QUARTBR, SOUTH 00°02'55" EAST 1314.06
FEET (REC. NORTH 0°02'59" WEST 1314.03 FEET ) TO THE POINT OF BEGINNING.
SAID NORTHKAST QUARTER, SOUTH 8904s'58~ EAST 1327.31 FEET (REC. NORTH 139045'513"
EXCEPTING THEREFROM ONE-HALF OF ALL MXNGRALS IN, ON OR UNDER SAID LAND AS
REERVED BY BURTON D. HIGHTOWRR, a widower, IN DEED RECORDED MAY 19, 1959 IN BOOK
EXHIBIT "A"
PARCEL 2:
AN EASEMENT FOR PUBLIC ROAD AND UTILITY PURPOSES, OVER, UNDER, AtoNQ AND ACROSS
THE FOLLOWING DESCRIBED REAL PROPERTY, IN THE COUNTY OF SAN DIEGO, State of
California, PARTI-LY DESCRIBED AS FOLLOWS:
THOSE PORTIONS OF LOT 3 IN SECTION 13, TOWNSHIP 12 SOUTH, RANGE 4 WEST AND OF
LOT 3 IN SECTION 18, TOWNSHIP 12 SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN,
IN THE COUNTY OF SAN DIEGO, State Of California, LYING WITHIN A STRIP OF LAND 60
FEET WIDE, 30 FEET ON EACH SIDE OF THE ?OLLOWING DESCRIBED CENTER LINE:
BEGINNING AT EXQINEER'S STATION 67+45.06 ON THE CENTER LINE OF ROAD SURVJZY NO.
757, A COPY OF WHICH IS ON FILE IN TRIE OFFICE OF THE COUNTY ENGINEER OF SAN
DIEW COUNTY, BEING A porm ON A CURVE CONCAVB BASTERLY THE CENTER LXNE OF WHICH
BEARS SOUTH 74 DEGREES 43 MINUTES 03 SECONDS BAST 400 FEET; THENCE NORTHERLY
ALONG SAID CURVE THROUGH A CENTXAL ANGLE OF 28 DEGREES 01 MINUTE 21 SECONDS A
DISTANCE OF 195.63 FEET TU THE BEGINNING OF A REVERSE CURVE CONCAVE WESTERLY AND
HAVING A RADIUS OF 400 FEET; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 43 DEGREES 22 MINUTES 39 SECONDS A DISTANCE OF 302.83 FEET TO A POINT
WXlCH IS NORTH 89 DEGREES 59 MINUTES 33 SECONDS BAST 63 FEET AND NORTH 00
DEGREES 04 MINUTES 21 SECONDS WEST 0.39 FEET FROM THE WEST QUARTER CORNER OF
SAID SECTION le, TOWNSHIP 12 sow, RANGE 3 HSST.
265359-1
EXHIBIT B
METHODOLOGY OF COST ALLOCATION
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