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Home My WebLink About2015-01-13; City Council; 21815; Street Tree Maintenance Agreement Walnut Beach Townhomes LLC Walnut Ave, Garfield Street, Lincoln Street Project CT 12-03CITY OF CARLSBAD - AGENDA BILL cA6/FORN�O AB# 21,815 APPROVING A STREET TREE MAINTENANCE AGREEMENT DEPT. DIRECTOR WITH WALNUT BEACH TOWNHOMES, LLC, LOCATED ON MTG. 1/13/15 WALNUT AVE. BETWEEN GARFIELD STREET AND LINCOLN CITY ATTORNEY DEPT. CED STREET, PROJECT NO. CT 12-03 CITY MANAGER RECOMMENDED ACTION: Adopt Resolution No. 2015-006 approving a street tree maintenance agreement with Walnut Beach Townhomes, LLC, a California Limited Liability Company, for 201 Walnut Townhomes, Project No. CT 12-03 (project) generally located at the south side of Walnut Avenue between Garfield Street and Lincoln Street. ITEM EXPLANATION: Pursuant to Condition No. 34 of Planning Commission Resolution No. 6978, the property owner, has executed a Street Tree Maintenance Agreement (agreement) for the project. This agreement addresses the maintenance of street trees in the public right-of-way along Walnut Avenue, Garfield Street and Lincoln Street at the project frontage. This agreement transfers maintenance obligations, costs and liability for street trees shown on Exhibit B of the agreement to the Home Owners Association (HOA) for this project. The Agreement has been reviewed by Planning, Engineering, Finance and City Attorney's Office. Based on staff review, this agreement satisfies Condition No. 34 of Planning Commission Resolution No. 6978, therefore, staff recommends approval of this agreement. ENVIRONMENTAL IMPACT: The approval of these agreement is considered to be a ministerial project and is exempt from the requirements of CEQA pursuant to Carlsbad Municipal Code Section 19.04.070 A.1.a. FISCAL IMPACT: In lieu of the city performing maintenance of street trees, the HOA for this project will perform said maintenance pursuant to the terms of this agreement. The city will not perform maintenance of street trees shown on Exhibit B of the agreement within project limits. However, the city will continue to assess project street tree maintenance costs for city-wide street trees located outside project limits pursuant to the rights of the Lighting and Landscaping District #1. DEPARTMENT CONTACT: Tecla Levy 760-602-2733 tecla.levy@carlsbadca.gov FOR CITY CLERKS USE ONLY COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC ❑ DENIED ❑ CONTINUED TO DATE UNKNOWN ❑ CONTINUED ❑ RETURNED TO STAFF ❑ WITHDRAWN ❑ OTHER — SEE MINUTES ❑ AMENDED 13 Walnut Beach Townhomes Street Tree Maintenance Agreement January 13, 2015 Page 2 of 2 EXHIBITS: 1. Resolution No. 2015-006 approving a Street Tree Maintenance Agreement with Walnut Beach Townhomes, LLC, a California limited liability company, for 201 Walnut Townhomes, Project No. CT 12-03 2. Location Map 3. Street Tree Maintenance Agreement with Walnut Beach Townhomes, LLC, a California limited liability company, for 201 Walnut Townhomes, Project No. CT 12-03 H EXHIBIT 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 RESOLUTION NO. 2015-006 APPROVING A STREET TREE MAINTENANCE AGREEMENT WITH WALNUT BEACH TOWNHOMES, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, FOR 201 WALNUT TOWNHOMES, PROJECT NO. CT 12-03 (PROJECT) GENERALLY LOCATED AT THE SOUTH SIDE OF WALNUT AVENUE BETWEEN GARFIELD STREET AND LINCOLN STREET. WHEREAS, the Walnut Beach Townhomes, LLC, a California limited liability company has executed a Street Tree Maintenance Agreement for 201 Walnut Townhomes, Project No. CT 12-03 (Agreement), and has submitted the Agreement to the City of Carlsbad for approval; and WHEREAS, the Property Owner has submitted this Agreement pursuant to Condition No. 34 of Planning Commission Resolution No. 6978; and WHEREAS, staff recommends approval of this agreement in that it satisfies I Condition No. 34 of Planning Commission Resolution No. 6978. 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 Street Tree Maintenance Agreement for 201 Walnut Townhomes, Project No. CT 12-03 between Walnut Beach Townhomes, LLC, a California limited liability company and the City of Carlsbad, which is attached hereto and incorporated herein by reference, is hereby approved and the Mayor is authorized and directed to execute said Agreement. 3. That the City Clerk is authorized to forward said Agreement to the Office of the County Recorder for recordation. 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 City Council of the City of Carlsbad on the 13th day of January 2015, by the following vote to wit: AYES: Council Members Hall, Blackburn, Schumacher, Wood, Packard. NOES: None. ABSENT: None. MATT HALL, Mayor ATTEST: BARBARA ENGLESON, 6y Clerk GP.• 'Oft q� _� dr EXHIBIT 2 LOCATION ISIT OF :OS SITE PROJECT NAME PROJECT I EXHIBIT WALNUT TOWNHOMES NUMBER 2 CT 12-0 0 BY. ALFRED ROMERO, RECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAIL TO. CITY OF CARLSBAD Attn: City Clerk 1200 Carlsbad Village Dr. Carlsbad, CA 92008 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 204-131-01 and 204-131-03 PROJECT ID: CT 12-03 PROJECT NAME: 201 Walnut Townhomes RELATED PROJECT ID: STREET TREE MAINTENANCE AGREEMENT This Agreement is made by and between Walnut Beach Townhomes, LLC, a California limited liability company ("Owner") and the City of Carlsbad, a municipal corporation ("City"), (collectively, `Parties") Recitals WHEREAS, Owner owns certain real property in the City of Carlsbad, County of San Diego, and State of California more properly described in "Exhibit A", attached hereto and incorporated herein ("Property"); and, WHEREAS, Owner seeks to record a final map(s) to develop Property in accordance with Tentative Map No. CT 12-03, 201 Walnut Townhomes ("Project"); and, WHEREAS, in consideration of the Project conditions -of -approval, Owner is required to install trees within the parkways ("Street Trees"), where parkways are defined as the areas along the sides of streets within the public street right-of-way between the back of the curb and the right-of-way line; and, WHEREAS, Owner seeks to satisfy condition 34 of PC Resolution 6978, to ensure ongoing maintenance is performed on Street Trees; and, WHEREAS, the Project is located within Street Lighting and Landscape District #1 (District). District is a financing mechanism to fund the maintenance and replacement of certain improvements within the right-of-way including public street lights, arterial median landscaping & irrigation, and Street Trees; and, WHEREAS, In lieu of District performing maintenance of Street Trees, Owner may elect to perform said maintenance and, provided Street Tree maintenance is performed pursuant to the terms of this Agreement, District will not perform Street Tree maintenance within Project limits. However, District will continue to assess Property Street Tree maintenance costs for city-wide trees located outside Property and Street Trees limits pursuant to the rights of the District. NOW, THEREFORE, in consideration of the mutual covenants herein, the Parties agree as set forth below. 1. Street Trees. Owner has prepared construction plans to install Street Trees in accordance with the Project conditions -of -approval, City of Carlsbad's Community Forest Management Plan, Landscape Manual, Municipal Code, Council Policy on Street Trees, and City Standards, all as shown on the approved landscape and irrigation plan(s), DWG 483-1L, (collectively "Landscape Plans") on file with the City. In addition to installing Street Trees, the Landscape Plans described herein detail construction of other items not covered by this Agreement. The term Street Trees, for the purposes of this Agreement, shall not include other items. Other items include, but are not limited to turf, shrubbery, groundcover, irrigation, and hardscape ("Other Items"). However, nothing in this Agreement shall preclude Owner or the Association referred to in Paragraph 12 below from maintaining the other items. 2. Street Tree Maintenance. Upon construction of Project improvements and City release of security of Project improvements, Owner agrees, at its sole cost and expense, to maintain, repair, and replace, the Street Trees described herein. The locations of Street Trees covered by this Agreement are described in "Exhibit B", attached hereto. The maintenance obligations are described as: a. Owner shall perform all necessary maintenance on Street Trees including but not limited to trimming, pruning, staking, root barriers, and street tree replacement, all in accordance with the City of Carlsbad's Community Forest Management Plan, Landscape Manual, Municipal Code, Council Policy on Street Trees, and City Standards to ensure Street Trees are maintained in a healthy condition. Owner shall install only those species of street trees as approved by the City. Owner is responsible to maintain street trees in locations as shown on the approved Landscape Plan. Owner shall not remove or relocate street trees to alternate locations without written prior approval from the City. Owner shall perform maintenance to prevent and, if necessary, address any immediate health and safety concerns including but not limited to fallen Street Trees, overgrowth into vehicular or pedestrian travel way, root damage to sidewalks, and visual impairments related to traffic movements. All maintenance activities in this paragraph are described as "Street Tree Maintenance", hereinafter. Unless otherwise approved by the City, all Street Trees removed due to death shall be replaced by the Owner with a Street Tree of the same species as the one removed, and within the same vicinity as the one removed. The replacement Street Tree shall be of a minimum 15-gallon container size, and shall be installed by the Owner no later than 45 days from the date the prior Street Tree was removed. 3. Parkway Irrigation. Owner, at its sole cost and expense, shall provide for all ongoing irrigation required to ensure adequate growth and, once established, to maintain the Street Trees covered by this Agreement. Owner is responsible to maintain all Irrigation Improvements as shown on the Landscape Plan (Irrigation Improvements). Owner shall perform necessary inspections of irrigations systems and controllers to make adjustments of seasonal water demands and irrigation heads to provide the necessary water for Street Trees. 4. Successors and Assigns. This Agreement shall be binding and inure to the benefit of the parties hereto and their respective legal representatives, successors, and assigns. Owner agrees to incorporate this Agreement by reference in any subsequent deeds to the property, but any failure to do so does not invalidate this provision. 5. Permits Required. Owner shall obtain all necessary permits required to perform Street Tree Maintenance in City right-of-way. 6. Indemnity. Owner shall defend, indemnify and hold harmless the City, its officers, employees and agents from any actions, suits, claims, damages to persons or property, costs including attorney's fees, penalties, obligations, errors, omissions, demands, liability, or loss that may be asserted or claimed by any persons, firm, or entity arising from the Owner performing Street Tree Maintenance, or lack thereof, described herein. 7. Responsibility of Plans. Approval of the Landscape Plans by the City shall not constitute an assumption by the City of any responsibility for such damage, costs, etc. City shall not be an insurer or surety for the design, construction or maintenance of the Street Trees pursuant to the Landscape Plans, nor shall any officer or employee .thereof be liable or responsible for any accident, loss or damage happening or occurring while performing Street Tree Maintenance as specified in this Agreement. 8. Notices. Any notice which is required or may be given pursuant to this Agreement shall be sent in writing by United States mail, first class, postage pre -paid, registered or certified with return receipt requested, or by other comparable commercial means and addressed as follows: If to the City: City of Carlsbad, City Engineer 1635 Faraday Avenue Carlsbad CA 92008 If to the Owner: Walnut Townhomes, LLC 3555 5'" Ave., Ste.100 San Diego, CA 92103 . which addresses may be changed from time to time by providing notice to the other party in the manner described above. 9. Lien Capability. Subsequent to Owner notice, and lack of action to remedy the breach of terms of this Agreement, the City may have the right, but the not the obligation to perform certain Street Tree Maintenance to address issues that may involve public safety and the welfare of the public ("Public Safety Street Tree Maintenance"). The City may elect, at its own discretion, to bill to Owner the costs the City incurred to perform Public Safety Street Tree Maintenance covered by this Agreement ("Invoice"). The Owner shall pay the full amount invoice amount within 60-days of the date of Invoice. If after 60-days of non-payment of said Invoice, the amount listed on the Invoice shall constitute a lien on the Owner's Property subject to enforcement and foreclosure in accordance with California State law. However, the lien rights set forth in the declaration of restrictions required pursuant to Condition(s) .18d. of City Planning Commission Resolution No. 6978, shall apply instead of the lien rights set forth in this Paragraph with respect to those portions of the Property that become annexed to the declaration of restrictions. 10. District. Pursuant to the conditions of approval, Project will be annexed into the District to cover the maintenance of certain improvements within City right-of-way. In lieu of District performing maintenance of Street Trees, Owner may elect to perform said maintenance and, provided Street Tree -maintenance is performed pursuant to the terms of this Agreement, District will not perform Street Tree maintenance within Project limits. However, District will continue to assess Property Owners maintenance costs for city-wide street trees. 11. Failure to Maintain. In the event that the Owner fails, at any time to perform Street Tree Maintenance, the failure may be considered a breach of terms of this Agreement. The City is the sole arbiter to evaluate the Owner performance of Street Tree Maintenance, The City may elect, in the public's interest that the District take over Street Tree Maintenance. Upon the City's determination, the City shall provide one (1) written notice to inform Owner that the District intends take over Street Tree Maintenance covered by this Agreement. Within 90- days after receipt of said notice, the District will take over responsibility of Street Tree Maintenance and all property owners within the Project will, hereinafter, become annually assessed the current assessment rate most recently approved by City Council, consistent with the District requirements. The District, by assuming Street Tree Maintenance, shall not assume any obligation to maintain Other Items or Irrigation Improvements. Owner is responsible to maintain Irrigation Improvements and provide for ongoing irrigation necessary to maintain all landscaping in the Parkway, including but not limited to Street Trees as described above. 12. Homeowners Association. Owner represents to City that it intends to, and has the authority to, unilaterally transfer said Street Tree Maintenance to a Homeowners Association, as defined in Civil Code Section 1351(a) ("Association"), for the Project and that such transfer has been provided for in the Declaration, and that such document(s) include the Street Tree Maintenance provisions described herein. Upon or prior to transfer of obligations under this Agreement to an Association for a portion of the Property, that portion of the Property shall be annexed to the declaration of restrictions required pursuant to Condition(s) 12d., of City Planning Commission Resolution(s) No. 6581 which shall include provisions to collect adequate funds to perform Street Tree Maintenance covered by this Agreement. Transfer to an Association shall not reduce, limit, or modify the obligations and terms set forth in this Agreement. Nothing in this Agreement is intended to prevent the transfer to the Association of any obligations under this Agreement 13. Capacity. Each party represents that the person(s) executing this Agreement on behalf of such party have the authority to execute this Agreement and by such signature(s) thereby bind such party. IN WITNESS WHEREOF, the undersigned has executed this instrument this day of 20AIJ_. OWNER CITY OF CARLSBAD I oLInw+ 5ka.Ch own hones, Lt_C., �- a Municipal Corporation of the State CA.lt frm&_L;hJed tlalolff� e n1 of California By: Walnut Beach Townhomes, LLC, a California limited liability company ( Here) Tan soc, Jr. _.._......_.._.__. (Print Name Here) Managing Member, Walnut Beach Townhomes, LLC (Print title) By: (Sign Here) (Print Name Here) (Print title) By: a Matt all', Mayor ATTEST: By: Barbara Engle , City Clerk APPROVED AS TO FORM: CELIA A. BREWER City Attorney By: _ . iq ty City Attorney (Proper notarial acknowledgment of execution by OWNER must be attached) (Chairman of the Board, President, or any Vice -President and secretary, any assistant secretary, the Chief Financial Officer, or any assistant treasurer must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) CALIFORNIA• •D A notary public or other officer completing this certificate verges only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of !�a I f� (' ) �.� On sot before me, Date HereJhsert Name P d Title of the dfficer personally appeared MAI ��A i Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(t) whose name(S) is/ar-e-- subscribed to the within instrument and acknowledged to me that he/shsAhey executed the same in hislheWthek authorized capacity(ies}, and that by his/herAheir signature(s) on the instrument the person*4, or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and cor ect. WITNESS my hand and official seal. ------------------- MORGEN FRY j Commission * 2091497 Signature J Notary Public - CaMomle Signature of otary Pu li San DIW County Doc24,2M011 Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: 'vLd4c Document Date: Number of Pages: Signer(s) Other Than Named bove: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 4�✓G"✓:�5�✓.:�:<y:�:�.:�:v4�G�i�:�.:C✓4� �.1�✓4�.:�,�.:�✓.:v �G�:�.:�.:�.'.�✓:'r��:�y:�..'✓:� ::� ::C✓.:�✓..'y:\_✓_.:�.SL. �✓A`.?::vK�: � 1 � • • ' • • • • • • ill � �' ill i � •i •1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California G County of �o� ) �.._____.... On _. _—. ai �_ before me, _ ._ __....... .___ _ __.,, _ _ Date Hera Insert Name aard Tl1ta of ttra q er �� " " personally appeared \0i� Seg` J f eme(s) �nn�lunnn�nuonn�� ERIC BROWSKIr"e' r AK COMM. #1932019 A ~ NOTARY PUBLIC - CAUFORMA' SMI DIEQO COUNTY My Commission F Ir•s Od/t'�/f 16 3u„zt •.uu�mrr� nuurrrrrrrr.ar Place Notary Seal Above who 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 his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. �-c Signature...—.-_...—..._:..___.. SI ure�... olNotary�Publio , 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: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Slgner(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): __ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUINBPRINT OF SIGNER Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner — ❑ Limited ❑ Gdneral ❑ Attorney in Fact • Top of thumb here ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing:�� __. " _......._ _ ........_ ....... 02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 •Cholsworth, CA 91313-2402 • www.N.tionEdNotary.org Item N5907 Reorder: Cali Toll -Free 1-800-876-6827 3 0:\CED\LandDev\MASTERS\Agreements 2 0\Non-Secured Agreements\HOLD HARMLESS AGREEMENT EASEMENT ENCROACHMENT.doc Rev 01125/13 Order Number: NCS-629671-SD Page Number: 8 LEGAL DESCRIPTION Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: PARCELI: A PORTION OF THUM LANDS, TRACT 216, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1681, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 9, 1915. TOGETHER WITH THOSE PORTIONS OF WALNUT AVENUE AND LINCOLN STREET VACATED BY RESOLUTION NO. 96-59, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, A CERTIFIED COPY RECORDED APRIL 2, 1996 AS FILE NO. 1996-0163578 OF OFFICIAL RECORDS, ALL AS SET FORTH IN THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED APRIL 18, 2007 AS FILE NO. 2007-0261639 OF OFFICIAL RECORDS, ALL DESCRIBED AS FOLLOWS: BEGINNING AT THE WESTERLY CORNER OF SAID TRACT 216, SAID POINT BEING 30.00 FEET, MEASURED AT RIGHT ANGLES, TO THE CENTERLINE OF GARFIELD STREET AND 40.00 FEET, MEASURED AT RIGHT ANGLES, FROM WALNUT STREET; THENCE SOUTHEASTERLY ALONG THE NORTHEASTERLY RIGHT-OF-WAY LINE OF GARFIELD STREET SOUTH 34033'00" EAST 66.69 FEET, THENCE LEAVING SAID NORTHEASTERLY RIGHT-OF-WAY LINE NORTH 55°26'37" EAST 91.00 FEET; THENCE NORTH 34033'00" WEST 76.68 FEET, TO THE SOUTHEASTERLY RIGHT -OF WAY LINE OF WALNUT AVENUE, SAID POINT BEING 30.00 FROM THE CENTERLINE OF SAID STREET; THENCE SOUTHWESTERLY ALONG SAID RIGHT-OF-WAY LINE SOUTH 55°27'00" WEST 71.00 FEET, TO THE BEGINNING OF A TANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 20.00 FEET; THENCE ALONG SAID CURVE AN ARC DISTANCE OF 20.94 FEET THROUGH A CENTRAL ANGLE OF 60000'00" TO A POINT ON A NON -TANGENT LINE, SAID POINT BEING 40.00 FEET FROM THE CENTERLINE OF WALNUT AVENUE, THE RADIAL BEARING AT SAID POINT BEING SOUTH 85027'00" WEST; THENCE SOUTH 55027'00" WEST 2.68 FEET TO THE POINT OF BEGINNING. PARCEL 2: A PORTION OF THUM LANDS, TRACT 216, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1681, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 9, 1915, AS SET FORTH IN THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED APRIL 18, 2007, AS FILE N0, 2007- 0261640 OF OFFICIAL RECORDS, AND AS DESCRIBED AS FOLLOWS: BEGINNING AT THE WESTERLY CORNER OF SAID TRACT 216, SAID POINT BEING 30.00 FEET, MEASURED AT RIGHT ANGLES, TO THE CENTERLINE OF GARFIELD STREET AND 40.00 FEET, MEASURED AT RIGHT ANGLES, FROM WALNUT STREET; THENCE SOUTHEASTERLY ALONG THE NORTHEASTERLY RIGHT-OF-WAY LINE OF GARFIELD STREET SOUTH 34033'00" EAST 66.69 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID NORTHEASTERLY RIGHT- OF-WAY LINE NORTH 55026'37" EAST 91.00 FEET; THENCE SOUTH 34033'00'EAST 66.68 FEET; THENCE SOUTH 55026'14" WEST 91.00 TO THE NORTHEASTERLY RIGHT-OF-WAY LINE OF GARFIELD STREET, SAID POINT BEING 30.00 FEET FROM THE CENTERLINE OF SAID STREET; THENCE NORTHWESTERLY ALONG THE SOUTHEASTERLY RIGHT -OF WAY LINE OF GARFIELD STREET NORTH 34033'00" WEST 66.69 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 3: A PORTION OF THUM LANDS, TRACT 216, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, First American Title Insurance Company -Fg5s i % 2 Order Number: NCS-629671-SD Page Number: 9 STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1681, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY1 DECEMBER 9, 1915. TOGETHER WITH THOSE PORTIONS OF WALNUT AVENUE AND LINCOLN STREET VACATED BY RESOLUTION NO. 96-59, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, A CERTIFIED COPY RECORDED APRIL 2, 1996 AS FILE NO. 1996-0163578 OF OFFICIAL RECORDS, ALL AS SET FORTH IN THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED APRIL 18, 2007 AS INSTRUMENT NO. 2007-0261641 OF OFFICIAL RECORDS, ALL DESCRIBED AS FOLLOWS: BEGINNING AT THE WESTERLY CORNER OF SAID TRACT 216, SAID POINT BEING 30.00 FEET, MEASURED AT RIGHT ANGLES, TO THE CENTERLINE OF GARFIELD STREET AND 40.00 FEET, MEASURED AT RIGHT ANGLES, FROM WALNUT STREET; THENCE NORTHEASTERLY ALONG THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF WALNUT AVENUE NORTH 55027'00" EAST 2.68 FEET TO THE BEGINNING OF A NON TANGENT CURVE, THE RADIAL BEARING TO SAID POINT BEING NORTH 85027'00" EAST; THENCE ALONG SAID CURVE 20.94 FEET THROUGH A CENTRAL ANGLE OF 60000'00" TO A POINT ON A TANGENT LINE, SAID POINT BEING 30.00 FEET SOUTHERLY FROM THE CENTERLINE OF WALNUT AVENUE; THENCE NORTHEASTERLY ALONG THE SOUTHEASTERLY RIGHT OF WAY LINE OF SAID WALNUT AVENUE NORTH 55027,00" EAST 71.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID RIGHT- OF -WAY LINE NORTH 55027'00" EAST 81.00 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 20.00 FEET; THENCE ALONG SAID CURVE AN ARC DISTANCE OF 31.42 FEET THROUGH A CENTRAL ANGLE OF 90000'00" TO A POINT ON THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF LINCOLN STREET, SAID POINT BEING 30.00 FEET FROM THE CENTERLINE OF SAID LINCOLN STREET; THENCE ALONG SAID SOUTHWESTERLY RIGHT- OF -WAY LINE SOUTH 34033'00" EAST 190.01 FEET; THENCE SOUTH 55°25'51" WEST 10.00 FEET TO THE MOST EASTERLY CORNER OF SAID TRACT 216; THENCE ALONG THE SOUTHERLY LINE OF SAID TRACT 216 SOUTH 55025'51" WEST 91.00 FEET; THENCE NORTH 34033'00" WEST 210.04 FEET TO THE TRUE POINT OF BEGINNING. APN: 204-131-01-00 (AFFECTS: PARCEL ONE); 204-131-02-00 (AFFECTS: PARCEL 2) AND 204- 131-03-00 (AFFECTS: PARCEL 3) First American Tide Insurance Company . ��G' 2 O2 76 w J a z FzS�P y �J6`y6 w zz a a Ir ^ CL \C\ LLB dU EL z d K Q a d U Z �y 0�\ a w Z � Q ¢� U) O �� F\V� �SRIP� LU z d x m LL LL � w a LL Q F- o z W < z z z O J O w 0 m o a w En d a w ~ ai 3 w L` O F- O O (N Q = U a_ H CL w �� w a O aP�