HomeMy WebLinkAbout2004-11-02; City Council; 17871; Carlsbad Oak North phase 110
@# . 17,871
IITG. 1 1 /02/04
IEPT. ENG
CITY OF CARLSBAD - AGENDA BILL
TITLE: APPROVING THE AGREEMENT FOR WAIVER AND DEPT. HD. /@
DISTRICT, APPROVING THE FINAL MAP FOR CARLSBAD TRACT CITY
THE CITY CLERK TO PROCESS THE MAP FOR RECORDATION CITY MGR.
CO-NT TO THE FORMATION OF A COMMUNITY FACILITIES
97-13-1, CARLSBAD OAKS NORTH PHASE 1, AND AUTHORIZING
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RECOMMENDED ACTION:
Adopt Resolution No. 2004-351 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
97-1 3-1, Carlsbad Oaks North Phase I, 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 97-13-01, Carlsbad Oaks North Phase 1. This subdivision is generally located north of Palomar Airport Road between Orion Street and Melrose
Drive in Local Facilities Management Zone 16. This project has been separated into three phases, the first of which is addressed in this agenda bill. The first phase of this project proposes 8 industrial and 4
open space lots for a total of 12 lots on a 301.25-acre parcel of land. The proposed open space lots will
be deed restricted primarily as an open space preserve.
Financial Guarantee for Faradav/Melrose
This project has a condition of approval that requires a “Financial Guarantee” for the construction of
Melrose Drive. Specifically, The Carlsbad Oaks North condition from LFMP Zone 16, reads:
“Prior to recordation of a final map, grading permit or building permit, whichever occurs first
within Zone 16, a comprehensive financing program guaranteeing construction of the following
circulation improvements shall be approved:”
I. Melrose Drive - Palomar Airport Road to the Vista City limits.
2. Melrose Drive and Palomar Airport Road Intersection.
3. El Fuerte Street - Existing Northerly Terminus to Faraday Ave.
4. Faraday Ave. from Orion Street Easterly to Melrose Drive.
5. Faraday Ave. and El Camino Real Intersection.
Developers have bonded the above items, numbers 2,3,4 & 5.
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 (WCA) for the construction of Faraday Avenue and Melrose Drive prior to recordation of the final map. Similarly, the Carlsbad Oaks Project CT
97-1 3 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:
1.
2.
3.
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 Faraday Avenue 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 WCA to City Council.
Page 2 of Agenda Bill N& 17,871
The final map conforms substantially with the tentative map as approved by Planning Commission
on August 21, 2002 per PC Resolution No. 5249. 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, Carlsbad Oaks North Partners, L.P. 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.
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. 2004-351 authorizing the Mayor to sign the Waiver and Consent
Agreement, and approving the final map for Carlsbad Tract, CT 97-13-1, Carlsbad Oaks
North, and authorizing the City Clerk to process the map and agreement for recordation.
3. Waiver and Consent Agreement
DEPARTMENT CONTACT: Clyde Wickham, (760) 602-2742, cwick@ci.carlsbad.ca.us
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LOCATION MAP
CARLSBAD OAKS NORTH PROJECT NAME
SITE \
PROJECT EXHIBIT NUMBER A
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ClTT OF OCEANSIDE
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PHASE I I CT97- 13- 1 I I m
3 IHU BY: SCOTT EVANS, CARLSBAD MGINEERJNG DEPT. 10/18/04 C: \DEMLWMENT PRMCTs\CT\CW7-13-l.D~
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C@U?4T 2
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RESOLUTION NO. 2004-351
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
PHASE 1, AND AUTHORIZING THE CITY CLERK TO PROCESS
THE MAP FOR RECORDATION.
CARLSBAD TRACT CT 97-1 3-1, CARLSBAD OAKS NORTH
WHEREAS, Carlsbad Oaks North Partners, LP, a California Limited Partnership
ias submitted a final map known as CT 97-13-1, Carlsbad Oaks North Phase I, to the City of
Carlsbad for approval; and
WHEREAS, the tentative map of CT 97-1 3-1 with conditions, was approved by Planning
Commission on August 21,2002 per PC Resolution No. 5249 and
WHEREAS, the City Council considered the developers’ proposal for compliance with the
requirements to provide a financial guarantee for the construction of 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 97-13-1, 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
nterest to approve said final map,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
Zalifornia as follows:
1. That the above recitations are true and correct.
2. That said final map known as Carlsbad Tract CT 97-13-1, Carlsbad Oaks
North, 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.
NOES: None
ABSENT: None
ATTEST:
(SEAL) (SEAL)
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
Carlsbad City Clerk’s Office
1200 Carlsbad Village Drive
Carlsbad, California 92008
Space Above Line for Recorder’s Use Only
WAIVER AND CONSENT TO
CREATION OF A COMMUNITY FACILITIES DISTRICT
AND AGREEMENT TO PAY FAIR SHARE COST
OF CT 97-13 (L(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 Trace Map CT 97- 13 (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
Waiver and Consent
16466-3/2008291.2 1011 9/04 b
WHEREAS, a condition of approval of Tentative Tract Map CT 97-13 states: “Prior to
recordation of a final map or issuance of a grading permit, whichever occurs first, a financial
guarantee for the construction of Melrose Drive shall be approved by the Carlsbad City Council.
The project shall be responsible for a proportionate share of the cost of construction of Melrose
Drive.” (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 Melrose Drive 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 agrees 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 Melrose
Drive 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 Melrose Drive;
Waiver and Consent
16466-3/2008291.2 2 7 1 0/19/04
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
andor financing of the following improvements, among others (hereinafter “Improvements”),
which are generally described as follows:
(a) El Fuerte from northerly terminus to the future extension of Faraday
Avenue (“El Fuerte”);
(b)
(c)
Faraday Ave. from Orion St. to Melrose Dr. (“Faraday Avenue”);
Melrose Dr. from Palomar Airport Rd. to the Vista City limits ((‘Melrose
Drive”);
(d) Palomar Airport Road Widening from West of Melrose Drive Intersection
to the Vista City Limits;
(e) Melrose Drive construction of right turn lane south of Palomar Airport
Road.
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 rights 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 fwll 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
Waiver and Consent
16466-3/2008291.2 3 10/19/04
of the Improvemehts 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 Melrose Drive improvements (“Fair Share”) as set forth below.
(b) Property Owner’s payment of its Fair Share, initially estimated to be in the
amount of $2,066,223, 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 Project 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 Melrose Drive or such other alternative
improvements found by the City Council to be functionally equivalent to Melrose Drive
(“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.
Any funds paid to the City shall be held in an interest-bearing account and
disbursed only for use in the construction of Melrose Drive or the Functionally Equivalent
Improvements.
(d)
Waiver and Consent
16466-3J2008291.2 4
(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 Melrose Drive
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 Faraday Avenue and El Fuerte in
accordance with its conditions of approval and the applicable Subdivision Improvement(s)
Agreements for CT 97-1 3.
5. Property Owner acknowledges that this Agreement to pay its Fair Share and
participate in the financing of the Melrose Drive 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 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 fund 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.
Waiver and Consent
16466-3/2008291.2 5 lo 1 0/19/04
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 Tract Map CT 97-13 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, et. Seq. or ay successor or related
statutes.
9.
(a) In the event no District is formed, funds on deposit will be utilized only as
a fair share of costs to otherwise complete Melrose Drive 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 rehd any excess, in the manner
described in this Section 9 and in Section 10 below.
(c) Any refund shall be made from funds available within District upon
District formation or the completion of construction of Melrose Drive or the Functionally
Equivalent Improvements and shall not be an obligation of City’s General fund or other revenue
sources.
Waiver and Consent
16466-3/2008291.2 6 10/19104
(d) * No reimbursement is required unless and until the City Council determines
that sufficient funds are available to complete construction of Melrose Drive or the Functionally
Equivalent Improvements.
10.
(a) Upon completion of Melrose Drive 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 Revenue 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 Melrose Drive or the Functionally Equivalent Improvements including any fee
revenues earmarked 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.
Waiver and Consent
16466-3l2008291.2 7 1011 9/04 lz,
(d)’ In order to share in the refund 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 refimd, 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 noti@ any party of the availability of excess Revenues shall not obligate the
City in any way to extend or modify the above refund procedures.
(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 Melrose Drive 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 21.
Waiver and Consent
16466-3/2008291.2 8 1 O/ 1 9/04 13
13. Compliance with the provisions of this Agreement is a condition of all future
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, 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.
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 by 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
Waiver and Consent
16466-3/2008291.2 9 1 0/19/04
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:
Carlsbad Oaks North Partners, L.P.
Attn: Ted Tchang
Mailing: P.O. Box 80036
Street: 3575 Kenyon Street
San Diego, CA 92138
San Diego, CA 921 10
Each party shall notify the other of any change that would requiem 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.
Waiver and Consent
16466-312008291.2 10 1011 9/04 /sc
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10/19/04 16
Waiver and Consent
16466-3/2008291.2 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 biding authorization herein.
Executed this - day of ,2004.
CARLSBAD OAKS NORTH PARTNERS
L.P., a California limited partnership
By: SUN TECH INVESTMENTS CORP.,
a California corporation,
Its: General Partner
By:
Name:
Title:
By:
Name:
Title:
CITY OF CARLSBAD, a municipal
corporation of the State of California
ATTEST:
Name:
Title:
APPROVED AS TO FORM:
Name:
Title:
Waiver and Consent
16466-Y2008291.2 12
By:
Its:
1 0/19/04 /7
THE STATE OF ) 1
COUNTY OF 1
On , 2004, before me, (name of Notary Public), a Notary Public in and for said State, duly commissioned and sworn, 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 subscribed to the within instrument
and acknowledged to me that he executed the same in his authorized capacity(ies), and that by
his signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
Notary Public in and for State of
My commission expires:
(NOTARIAL SEAL)
THE STATE OF ) 1
COUNTY OF )
On , 2004, before me, (name of
Notary Public), a Notary Public in and for said State, duly commissioned and sworn, 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 subscribed to the within instrument
and acknowledged to me that he executed the same in his authorized capacity(ies), and that by
his signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and afixed my official seal the
day and year in this certificate first above written.
Notary Public in and for State of
My commission expires:
(NOTARIAL SEAL)
Waiver and Consent
16466-3/2008291.2 13 10/1 9/04 /8
EXHIBIT A
LEGAL DESCRIPTION
Real property in the City of San Diego, County of San Diego, State of California, described as
follows:
Parcel 1:
All that portion of Lot "6" of rancho Agua Hedionda, in the City of Carlsbad, County of San Diego,
State of California, according to Map Thereof No. 823 filed in the office of the county recorder of
said county November 16, 1896, lying within the land described in deed to said county of San
Diego, recorded January 18, 1974, at file/page no. 74-014190 in said recorder's office, described
as follows:
Commencing at the northeasterly comer of said County of San Diego land; thence North 89
degrees 54'00" West, 23.41 feet to point 14 of said Lot "6" as shown on said Map 823; thence
along the boundary of said county land, South 54 degrees 15'33" West, 326.48 feet; thence
South 50 degrees 5535" West, 1788.65 feet; thence South 01 degrees 28'24" West, 787.30 feet
to the true point of beginning; thence continuing along said boundary, South 10 degrees 46'15"
West, 1337.68 feet; thence leaving said boundary, South 79 degrees 13'45" East, 703.35 feet;
thence North 30 degrees 2848'' East, 900.00 feet; thence North 30 degrees 31'12" West, 800.00
feet; thence South 87 degrees 45'29" West, 491.59 feet to the true point of beginning.
Parcel 2:
A non exclusive easement and right-of-way for road and utility purposes over, under, through
and across all that portlon of said Lot "6" of Rancho Agua Hedionda lying within a strip of Land
48.00 feet wide, the sidelines of said strip lying 24.00 feet on each side of the following described
centerline:
Commencing at the most southerly corner of that land described in parcel 1 of deed to Carlsbad
Municipal Water District, recorded August 3, 1973 at frle/page no. 73-215694 in the San Diego
County recorder's office, being also the most Southerly corner of that certain 6.459 acre parcel
shown on record of Survey Map No. 7845 filed in said recorder's office on March 8,1974; thence
along the Southwesterly prolongation of the Southeasterly line of said 6.459 acre parcel South 51
degrees 17'15" West (record North 51 degrees 2500" East per said R.O.S. 7845) 55.00 feet to a
point on the centerline of El Camino Real, road Survey 1800-1, a plat of which is on file in the
office of the County Engineer of said County; thence along said centerline South 38 degrees
42'45" East, (record North 33 degrees 11'55" West per said RS. 1800-1) 141.28 feet to
engineers' station 329+50.00 thereon, said point being the true point of beginning; thence
leaving said centerline North 37 degrees 51'42" East, 480.00 feet to the beginning of a tangent
350.00 foot radius curve, concave Westerly; thence Northerly along the arc of said curve through
a central angle of 81 degrees 50'49", a distance of 499.97 feet; thence tangent to said curve,
North 43 degrees 59'07" West,. 172.23 feet to the beginning of a tangent 350.00 foot radius
curve concave easterly; thence Northerly along the arc of said curve through a central angle of
54 degrees 45'22" a distance of 334.49 feet; thence tangent to said curve North 10 degrees
46'15' East, 518.39 feet to a point on the Southeasterfy line of Parcel No. 82-0001-a described
above, said point being the point of terminus.
Parcel 3:
An easement for the right to construct drainage facilities and also to drain any portion of Parcel
19 -.
No. 4 over said easement, being a portion of Lot "B" of Rancho Agua Hedionda,. Map No. 823, filed in the ofice of the county recorder of San Diego County, State of California, on November
16,1896. Said easement being 20 feet wide, 10 feet on both sides of, measured at right angles to, the following described centerline.
Commencing at point 14 of said Lot "B" as described on said Map No. 823, thence South 54
degrees 15'33" West, a distance of 326.48 feet; thence South 50 degrees 55'35" West, a dwnce
of 1788.65 feet; thence South 01 degrees 28'24" West, a distance of 787.30 feet, said point also
being the most Northwesterly corner of said Parcel. Thence along the Westerly boundary of said
parcel, South 10 degrees 46'15" West, a distance of 1337.68 feet, said point also being the mast
Southwesterly corner of said Parcel. Thence along the Southerly boundary of said Parcel South
79 degrees 13'49 East, a distance of 703.35 feet, said point being the most Southeasterly corner
of said Parcel. Thence along the most Southeasterly boundary of said parcel, North 30 degrees
28'48' East, a distance of 150 feet more or less to the centerline of said drainage easement, said
point being the true point of beginning, and being a point on the arc of a 300 foot radius curve
concave Northeasterly. Thence Southeasterly along the arc of said curve through a central angle
of 34 degrees OO'W a distance of 178.02 feet; thence tangent to said cuwe South 71 degrees
01'12'' East, a distance of 375.00 feet to the terminus of said easement.
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