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HomeMy WebLinkAbout2015-06-09; City Council; 21989; Street Tree Agreement Presidio Cornerstone QC LLC CT 11-04 Haymar Drive, College BoulevardCITY OF CARLSBAD - AGENDA BILL 14 AB# 21,989 ADOPT RESOLUTION APPROVING A STREET TREE MAINTENANCE AGREEMENT WITH PRESIDIO CORNERSTONE QC, LLC FOR QUARRY CREEK, PROJECT NO. CT 11-04, LOCATED SOUTH OF HAYMAR DRIVE AND WEST OF COLLEGE BOULEVARD DEPT. DIRECTOR MTG. 6/09/15 ADOPT RESOLUTION APPROVING A STREET TREE MAINTENANCE AGREEMENT WITH PRESIDIO CORNERSTONE QC, LLC FOR QUARRY CREEK, PROJECT NO. CT 11-04, LOCATED SOUTH OF HAYMAR DRIVE AND WEST OF COLLEGE BOULEVARD CITY ATTORNEY DEPT. CED ADOPT RESOLUTION APPROVING A STREET TREE MAINTENANCE AGREEMENT WITH PRESIDIO CORNERSTONE QC, LLC FOR QUARRY CREEK, PROJECT NO. CT 11-04, LOCATED SOUTH OF HAYMAR DRIVE AND WEST OF COLLEGE BOULEVARD CITY MANAGER RECOMMENDED ACTION: Adopt Resolution No. 2015-146 approving a street tree maintenance agreement with Presidio Cornerstone QC, LLC, a Delaware limited liability company, for Quarry Creek, Project No. CT 11-04 (Project) generally located south of Haymar Drive and west of College Boulevard. ITEM EXPLANATION: Pursuant to Condition No. 43 of Planning Commission Resolution No. 6938, the property owner, has executed a Street Tree Maintenance Agreement (Agreement) for the project. The Agreement addresses the maintenance of street trees in the public right-of-way along Creekside Street, Falls Road and portions of Haymar Drive and Marron Road. The agreement transfers maintenance obligations, costs and liability for street trees shown on Exhibit B ofthe Agreement to the Home Owners Association (HOA) forthe Project. The Agreement has been reviewed by Planning, Engineering, Finance and the City Attorney's Office. Based on staff review, this agreement satisfies Condition No. 43 of Planning Commission Resolution No. 6938, therefore, staff recommends approval of the agreement. ENVIRONMENTAL IMPACT: The approval of this 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.l.a. FISCAL IMPACT: Street tree maintenance will be performed by the HOA for this project. If the HOA fails to maintain the street trees, in accordance with the terms of the Agreement, the city may take over the maintenance. If the city takes over the maintenance, property owners will be assessed through Street Lighting and Landscaping District #2 for the actual costs of street tree maintenance. EXHIBITS: 1. Resolution No. 2015-146 approving a Street Tree Maintenance Agreement with Presidio Cornerstone QC, LLC, a Delaware limited liability company, for Quarry Creek, Project No. CT 11-04 2. Location Map 3. Street Tree Maintenance Agreement with Presidio Cornerstone QC, LLC, a Delaware limited liability company, for Quarry Creek, Project No. CT 11-04 DEPARTMENT CONTACT: Tecia Lew 760-602-2733 tecla.levv@carlsbadca.gov FOR CITY CLERKS USE ONLY COUNCIL ACTION: APPROVED K CONTINUED TO DATE SPECIFIC • DENIED • CONTINUED TO DATE UNKNOWN • CONTINUED • RETURNED TO STAFF • WITHDRAWN • OTHER-SEE MINUTES • AMENDED • RESOLUTION NO. 2015-146 EXHIBIT 1 1 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A STREET TREE MAINTENANCE 4 AGREEMENT WITH PRESIDIO CORNERSTONE QC, LLC, A DELAWARE LIMITED LIABILITY COMPANY, FOR QUARRY CREEK, 5 PROJECT NO. CT 11-04, GENERALLY LOCATED SOUTH OF HAYMAR DRIVE AND WEST OF COLLEGE BOULEVARD. 6 7 WHEREAS, the Presidio Cornerstone QC, LLC, a Delaware limited liability 8 company has executed a Street Tree Maintenance Agreement for Quarry Creek, Project No. CT 11- g 04 (Agreement), and has submitted the Agreement to the City of Carlsbad for approval; and 10 WHEREAS, the Property Owner has submitted this Agreement pursuant to 11 Condition No. 43 of Planning Commission Resolution No. 6938; and 12 .|2 WHEREAS, staff recommends approval of this agreement in that it satisfies 14 Condition No. 43 of Planning Commission Resolution No. 6938. 15 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows 17 1. That the above recitations are true and correct. 2. That the Street Tree Maintenance Agreement for Quarry Creek, Project 16 19 20 No. CT 11-04 between Presidio Cornerstone QC, LLC, a Delaware limited liability company and the 21 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 ofthe County Recorder for recordation. /// 23 24 25 26 27 /// 28 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 ofthe City Council ofthe City of Carlsbad on the 9*^ day of June, 2015, by the following vote to wit: AYES: NOES: Council Members Hall, Blackburn, Schumacher, Wood, Packard. None. ABSENT: None. MATT HALL, Mayor ATTEST: BARBARA ENGLESOlVCity Clerk (SEAL) .S^^^VSBAO''^, DRAm BY: ALFRED ROMERO, TKANSPRORTAVON DEPl 11/20/2014, Z:\P0UER0JiLlliED\PvortmetnsJ^ojKts\ENGINEEWNG-C0UNTER\TKlaJ.9vy\L0CAV0N-UAP\CT 12-03^1-20-201* RECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAILTO: CITY OF CARLSBAD Attn: City Clerk 1200 Carlsbad Village Dr. Carlsbad, CA 92008 ASSESSOR'S PARCEL NO.: PROJECT ID PROJECT NAME RELATED PROJECT ID 167-040-11 and 167-040-21 CT 11-04 Quarry Creek STREET TREE MAINTENANCE AGREEMENT This Agreement is made by and between Presidio Cornerstone QC, LLC, a Delaware 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 11-04, Quarry Creek ("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 43 of PC Resolution 6938, to ensure 3 ongoing maintenance is performed on Street Trees; and, WHEREAS, the Project is located within Street Lighting and Landscape District #2 (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 assess street tree maintenance costs to property owners within Project limits. NOW, THEREFORE, in consideration ofthe 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 484-5N, (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, ail 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 othenwise 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: If to the Owner: City of Carlsbad, City Engineer Presidio Cornerstone QC, LLC 1635 Faraday Avenue 4365 Executive Drive, #600 Carlsbad CA 92008 San Diego, CA 92121 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) 15d. of City Planning Commission Resolution No. 6938, 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. Among other requirements. District may collect assessments to perform Street Tree Maintenance. Under the terms of this Agreement, District will not assess costs for Street Tree Maintenance, provided Owner performs continued Street Tree Maintenance pursuant to the terms of this Agreement. 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 4080 ("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) 15, of City Planning Commission Resolution(s) No. 6938 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 /// /// /// /// /// /// /// /// (0 IN WITNESS WHEREOF, the undersigned has executed this instrument this day of. Affil 20_/£.. OWNER Presidio Cornerstone QC LLC, a Delaware limited liability company CITY OF CARLSBAD a Municipal Corporation of the State of California By: Cornerstone Communities, LLC, a California limited liability company Its Operatfhg Manager iere) Ure R. Kretowicz (Print Name Here) Manager, Cornerstone Communities, LLC (Print title) By: ATTEST: arbara Englesoiif City Clerk APPROVED AS TO FORM: CELIA A. BREWER City Attorney By: Deputy 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 ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE §1189 A notary public or other officer completing this certificate verifies 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. California of nkh TiMi state of California County ) \b ) Dafe I I « . . HerQ Insert Name arid Title oWn personally appeared ' Insert t e Officer Name(s) ofSigner(s) who proved to me on the basis of satisfactory evidence to be the_person(gf whose nam©(^f^aFe scribed to the within instrument and acknowlfidged to me thatdhfi^hei'they executed the same in iis/hg>-/thGir authorized capacity(le^, and tfiat b^fhi^^eR'tlw signatureis)-on the instrument the persqp(s), ie entity upon behalf of which the person^ 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. 1 SHELLEY COLLINS Commission # 1962114 Notary Pulilic - California i San Oiego County * My Comm. Expires Dec 25,2015 j WITNESS my hand and official se Signature. Signature of Notary Public Place Notary Seai Above OPTIONAL Though this section is optional, completing this infomiation 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: Number of Pages: Signer(s) Other Than Named Above^ Gapacity(ies) Claimed by Signer(s) Signer's Name: Document Dat&r • Corporate Officer — Title(s): • Partner — • Limited • Geiipral-" • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signerjs Representing: Signer's Name: • Corporate Officer — Title(s): • Partner — • Limited • General • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org • 1 -800-US NOTARY (1 -800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies oniy the identity of the individual who signed the document to vi^hich this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Califorjjia County of _ On S Date personally appeared - ^ \ HereJnsert Name and Title of the Oft'cer before me, \ •sj of Signer(s) who proved to me on the basis of satisfactory evidence to be the personfe^whose name(sris/a»- subscribed to the within Instrument and acknowledged to me that he/oho/they executed the same in his/hw/ll leir authorized capacity,(i«s), and that by his/t>eF/th«ir signatur@{^on the instrument the person(^ or the entity upon behalf of which the personjf^ acted, executed the instrument. ILSE GUIDO-JACKSUN \ COMM. #1961800 .Califomia 3 Notary PubHe San Diego v«..»i - 1^ Comm. Expfe Dec. 23, 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. Signature of Nots^^blic Signature, Place Notary Seal Above — OPTIONAL Thougli 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: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer{s) Signer's Name:. Document Date: • Corporate Officer — Titie(s): • Partner — • Limited • General • Individual • Attomey in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: Signer's Name: • Corporate Officer — Title{s): • Partner — • Umited • General • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: ©2014 National Notary Association • viww.NationalNotary.org • 1 -800-US NOTARY (1 -800-876-6827). Item #5907 It Order Number: NHSC-4768557 (06) Page Number: 10 &XH(&IT ''A" LEGAL DESCRIPTION foirows'°^^'^ °^ Carlsbad, County of San Diego, State of California, described as PARCEL 1: (APN: 167-040-11-00) ALL THAT PORHON OF RANCHO AGUA HEDIONDA, IN THE COUNTY OF SAN DIEGO STATE OF CALIFORNIA, ACCORDING TO PATENT MAP THEREOF, RECORDED IN BOOK 1 PAGE 150 OF DSlED^'ifFO^L^WS^"'^'^^ °' "^"^""^ ^^^^ SXN^O COUNT^ AP^^')^^!S^.^ ^"^ 2 SAID RANCHO HEDIONDA; THENCE SOUTH 30° 03' WEST ALONG THE WESTERLY LINE THEREOF, 274.80 FEET, MORE OR LESS, TO THE CENTER LINE OF THE RELOCATION OF COUNTY HIGHWAY COMMISSION ROUTE 14, FROM OCEANSIDE TO ^r!St^ ACCORDING TO MAP THEREOF, FILED IN THE OFFICE OF COUNTY SURVEYOR OF SAN DIEGO COUNTY; THENCE ALONG SAID CENTER LINE, AS FOLLOWS: "^-^^ "^^ BEGINNING OF A CURVE TO THE LEFT, HAVING A ^S)^!,^^ CUIRVE, THROUGH A CENTRAL ANGLE OF 6° 38' A DISTANCE OF 231.55 FEET; SOUTH 83° 31' EAST (DEED SOUTH 81° 26' EAST), 2 345 90 FEET BEGINNING OF A CURVE TO THE LEFT, HAVING A RADIUS OF 2,000.00 FEET ALONG tT.^y''''^' ^ A'^G'-E OF 12° 19' A DISTANCE OF 429193 FE^NoS^^^ ?MP ^pJ-'^uL 14^-34 FEET TO THE BEGINNING OF A C^RVE TO IM^, f ^.l^^^"^^ ^ ^^^^^ FEET; ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 6° 38", A DISTANCE OF 258.19 FEET; NORTH 47° 11' EAST (DEED NORTH 49° 16' . ^^^^^;n^. ^° ™^ INTERSECnON WITH THE WESTERLY LINE OF mn^^^f ?Ar?i^^.?>?^^^^ ^^'^^^ DECEMBER 10, 1902 AND RECORDED IN BOOK 324, PAGE 114 OF DEEDS; THENCE ALONG SAID WESTERLY LINE, SOUTH 7° 36' 16" ^^'^ ^° ^'171.22 FEET TO THE TRUE POINT OF BEGINNING" THENCE V™ '° EAST ALONG SAID WESTERLY LINE, 880.00 FE™ THE nSJnTo ^^^'^'-^ ^^^^^^ THEREOF, BEING ALSO THE SOUTHEASTERLY CORNER OF CTND ^S^nlV^. ^^^^ ^- ^^^O^' DATED APRIL 18, 1918 AND RECORDED IN BOOK ^^^'r^"^^^^ '^^^^'^^ SOUTH 67° WEST, ALONG THE SOUTHERLY LINE OFIAID tfcS-' ™E I^OST SOUTHERLY CORNER THEREOF; THENCE NORTH 59° y! ^^ SOUTHERLY UNE, 900.09 FEET TO THE MOST SOUTHERLY CORNER OF LAND DESCRIBED IN DEED TO JUAN M. MARRON DATED AUGUST 11, 19irAND RECORDED IN BOOK 616, PAGE 414 OF DEEDS; THENCE NORTH 16° 07' 10" EAST 890 00 FE^ TO AN INTERSECnON WITH A LINE WHICH BEARS SOUTH 83° 37' 09' WEST FROM THE TRUE POINT R^r""^' E^^' 1'993.84 FEET TO TSE TRUE POINT OF EXCEPTING THEREFROM THAT PORTION LYING WITHIN THE FOLLOWING DESCRIBED LAND: COMMENCING AT THE NORTHWEST CORNER OF RECORD OF SURVEY NO. 9336 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 12 1983 AS RLE NO 83 157668 OF OFRCIAL RECORDS; THENCE NORTH 70° 04' 42" EA^ 1,00^63 FEE^ TO POINT OF BEGINNING, SAID TRUE POINT OF BEGINNING BEING A POINT ON THE ARC OF A S'rnS'' "^^'^^ ^^"^^E' ^O'^^VE SOUTHEASTERLY ^RADIAL SNE TO SA D CURVE BEARS NORTH 52° 29' 44" WEST; THENCE ALONG THE ARC OF SAID CURVE 101.20 FEET THROUGH A CENTRAL ANGLE OF 32° 34' 26"; THENCE NORTH 70° 04' 42" EAST First American Title Order Number: NHSC-4768557 (06) Page Number: 11 ^ 228.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY" THENCE Al nwr TMP «7o'^.Tf^.'?.^c^^^' ^f^OUG^^ A CENTRAL ANGL™22° 0^^^^^^ PSNT oV^Sr ^^^^ 379.43%^TO'Sr' PARCEL 2: (APN: 167-040-21-00) THAT PORTION OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARL^RAn rni IMTV CAM DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARDON MAP^O 8^3%?^^^^^ AS Ss: ' COUNTNOVTMB'ER^^^^^^^^^^^ BEGINNING AT THE NORTHEASTERLY CORNER OF LOT "J" OF SAID RANCHO- THFwrP f^^^.^^"^^ '''^^^ ™^ NORTHWESTERLY LINE OF SAID LOTTSSS^^^^^^ 25" WEST 2,149.10 FEET RECORD SOUTH 69° 36' 00" WEST 2 152 00 FEET MORE OR I rn TUP SOUTHERLY PROLONGATCON OFTHE WESTERLY UNE OF fSuND^kcW^^^^^ ROSA MARRON, RECORDED MAY 1, 1903 IN BOOK 324, PAS 114 OF DEEDTS^^^ . TMP M^o-r'I?'^' NORTHERLY ALONGSAID PROLONGATION AND SAID^^^^^^ LINE NORTH 05° 23' 20" WEST, RECORD NORTH 07° 35' 00" WEST 1 906 40 FFPT rr^ INTERSECnON WITH THE SOUTHERLY LINE OF LAND DESCRfBE^iNf DE^^^^ OF CALIFORNIA FOR FREEWAY PURPOSES, RECORDED NOvSlBER 13 19M AJ R7P M^^^^ n?" S'c?'.?™^' ALONG SAID SOU^^LY BOUNDARY NORTH 54° 35' ^"^'^ 22 59 EAST, RECORD NORTH 11° 00' 24" EAST 91 21 FEET" NORTH fioo n^- 01" EAST, RECORD NORTH 68° 42' 26" EAST, 625.00 FEET" S0UTH'71° 01' 22" FAS"^^^^^^ SOUTH 71° 23' 57" EAST, 97.79 FEET; SOUTA 29° 15' 52" EAS^^ESRD SST^2?° ?«• .7^ ^^?^u cfo° ^' EAST, RECORD NORTH 89° 2^52^' EA^^^^ NORTH 51° 23' 56" EAST, RECORD NORTH 51° 01' 21" EAST 180 95 FEET" ST^7q° l.^'n- EAST 17.18 FEET, RECORD NORTH 79° 32' 45" EAST, 17 12 FEET" NORT1I82^^^ 0l'T9'EArj^l'/:Fl^^^^^ 20°^TS"'ESORVNOR™^^^^ 09 19 EAST, 25.12 FEET; NORTH 63° 40' 35" EAST, RECORD NORTH 63° 18' 00" FA«^ fi7 s7 PP^' TU?''™ 126.8 FEET, RECORD NORTH 84° 19' 28'?EAI?^'5 4^^ FEET, TO THE INTERSECTION WITH THE HEREINBEFORE SAID EASTERLY LTNF l^n ALSO EXCEPTING THAT PORTION OF LYING WITHIN THE FOLLOWING DESCRIBED U\ND: COMMENCING AT THE NORTHWEST CORNER OF RECORD OF SURVEY NO 9336 FTl Fn TIM TUP OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNT?, MAY ll 198fAS FI/E iJo first American We Order Number: NHSC-4768557 (06) Page Number: 12 PARCEL 'A' BEGINNING AT A FOUND 1" IRON PIPE WITH DISC STAMPED "DTV HW/VQ" DPD CTATCT ™3YS^%7SS'r'^r ^^^^^^^^ Ttl ™F ill nSL2-^/^°™"™° * TANGENT 20.00 FOOT RADIUS CURVE CONCAVE SES^D mkJS^S r J^Sl^' "^^"^^ SOU^^^WE^RL?ALONG rz^^ nrr:-:. . CURVE, THROUGH A CENTRAL ANGLE OF 94°58'10" A DISTAWrF nP i c PARCEL 'B' COMMENQNG AT THE ABOVE-MENnONED POINT W; THENCE CONTINUmG 4] nwr TWP P^SNSRSS3=?^P'^^^ rar^^'0™BraNNINl. ^ "^"^ °' * -^EET TO THE TRUE PARCEL 'C First American Title !6 Order Number: NHSC-4768557 (06) Page Number: 13 p^S' S ^^"^ ^Il-E/PAGE NO.'S 206558 AND 206559)- THENCE^ 5?°n7'.fi" First American Title EXHIBIT B' + LEGEND STREET TREES (QTY: 482) INSTALLED BY DEVELOPER AND MAINTAINED BY HOMEOWNER ASSOCIATION (PRIVATE). KEY MAP Quarry Creek - Street Tree Exhibit 'B' HOWARD ASSOCIATES landscape architecture 2442 aecond avenue, • an diego ca 92101 619 718 9660 4/27/2015 Sheet 1 of 9 1^ 50' 100' Scale 1" = 100' Quarry Creek - Street Tree Exhibit B' Sheet 2 of 9 d 50' 100' Scale 1" = 100' Lot 1 Lot 2 SEE SHEET 2 Quarry Creek - Street Tree Exhibit B' 4/27/2015 Sheet 3 of 9 1^ SEE SHEET 5 Quarry Creek - Street Tree Exhibit B' 0 50' 100' Scale 1" = 100' 200' 4/^/;zuio Sheet 4 of 9 ^0 Scale 1" = 100' Quarry Creek - Street Tree Exhibit B' 4/27/2D15 Sheet 5 of 9 ^1 50 100' Scale 1" = 100' Quarry Creek - Street Tree Exhibit B' 4/27/2015 Sheet 6 of 9 Lot 50' 100' Scale 1" = 100' Quarry Creek - Street Tree Exhibit B' 4/27/2015 Sheet 7 of 9 Quarry Creek - Street Tree Exhibit B' 50' 100' Scale 1" = 100' 200' 4/27/2015 Sheet 8 of 9 See Lot 4 Lot 4 SEE SHEET 8 Quarry Creek - Street Tree Exhibit B' 0 50' 100' Scale 1" = 100' 200' 4/27/2015 Sheet 9 of 9