HomeMy WebLinkAbout2015-09-22; City Council; 22089; Reimbursement Agreement Rancho Costera Trailblazer Way Fire Station 3CITY OF CARLSBAD - AGENDA BILL 10
AB# 22,089 APPROVE A REIMBURSEMENT AGREEMENT WITH
RANCHO COSTERA, LLC FOR THE CONSTRUCTION OF
STREET AND UTIUTY IMPROVEMENTS ON TRAILBLAZER
WAY ASSOCIATED WITH THE CONSTRUCTION OF FIRE
STATION NO.3
DEPT. DIRECTOR ^"TT^
DATE OS/12/15
APPROVE A REIMBURSEMENT AGREEMENT WITH
RANCHO COSTERA, LLC FOR THE CONSTRUCTION OF
STREET AND UTIUTY IMPROVEMENTS ON TRAILBLAZER
WAY ASSOCIATED WITH THE CONSTRUCTION OF FIRE
STATION NO.3
CITY ATTY.
DEPT. PW-PEM
APPROVE A REIMBURSEMENT AGREEMENT WITH
RANCHO COSTERA, LLC FOR THE CONSTRUCTION OF
STREET AND UTIUTY IMPROVEMENTS ON TRAILBLAZER
WAY ASSOCIATED WITH THE CONSTRUCTION OF FIRE
STATION NO.3 CITYMGR.
RECOMMENDED ACTION:
Adopt Resolution No. 2015-240 approving a reimbursement agreement with Rancho Costera, LLC for
the construction of street and utility improvements on Trailblazer Way associated with the construction
of Fire Station No. 3.
ITEM EXPLANATION:
As part of the development of certain real property located in the City of Carlsbad known as Robertson
Ranch West Village, Rancho Costera, LLC (Developer) is obligated to extend a public street known as
Trailblazer Way so public street and utility improvements can serve a portion ofthe Developer's project.
These improvements consist of a full-width dedication, grading, paving, gutter, sidewalk, potable water,
sanitary sewer, storm drain and street lights all subject to city cul-de-sac road standards. The Developer
is not ready to construct the improvements for Trailblazer Way.
The city is constructing a new Fire Station No. 3, Project No. 4003, within the Robertson Ranch
development that will replace the existing undersized and aged Fire Station ^No. 3. As part of the
construction, the city is required to do the same street improvements to serve the Fire Station. The
city's contractor, Keeton Construction, has outlined a schedule of values for the construction of the
street improvements.
If approved by the City Council, the agreement with the Developer will result in a 50/50 sharing of the
cost for construction. The City of Carlsbad will be the lead agency and invoice the Developer their share
of construction related costs upon completion ofthe project.
Plans, specifications and estimates have been prepared forthis project.
DEPARTMENT CONTACT: Steve Hodges 760-434-2925 steve.hodees@carlsbadca.gov
FOR CLERK USE.
COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC •
DENIED CONTINUEDTO DATE UNKNOWN •
CONTINUED • RETURNED TO STAFF •
WITHDRAWN • OTHER - SEE MINUTES •
AMENDED • REPORT RECEIVED •
Reiivbursementfor Trailblazer Way
September 22, 2015
Poge 2 of 3
FISCAL IMPACT:
The estimated construction cost for the street improvements on Trailblazer Way is shown in the table
below:
Construction of Trailblazer Way Costs
Insurance $8,000
Bonds $5,300
General Conditions $35,000
Survey & Staking $9,500
Erosion & Dust Control $2,500
Site Clearing $2,100
Earthwork $19,400
Water Distribution $41,886
Sanitary Sewer $5,175
Natural Gas Distribution $6,493
Storm Drainage $108,466
Paving $47,443
Striping $6,166
Cement Concrete Pavement $65,000
Electrical $90,000
Street Lights $36,500
Telecommunications $15,000
Overhead/Profit $25,000
Total Estimated Project Cost $528,929
The Developer will reimburse 50 percent ofthe entire project costs up to $500,000. The amount
reimbursed by the Developer will be deposited into the Fire Station No. 3 project account in the Public
Facilities Fee Fund.
Reimbursement for Trailblazer Way
September 22, 2015
Page 3 of 3
ENVIRONMENTAL IMPAa:
The Planning Commission approved a conditional use permit for Fire Station No. 3 on Nov. 21, 2012.
That approval included the street and utility improvements of Trailblazer Way. As part of its approval,
the Planning Commission adopted a Negative Declaration, finding the project would have no
potentially significant impacts.
EXHIBITS:
1. Resolution No. 2015-240 approving a reimbursement agreement with Rancho Costera, LLC
for the construction of street and utility improvements on Trailblazer Way associated with the
construction of Fire Station No. 3.
2. Location Map.
3. Agreement for Reimbursement of Costs for the Construction of Street and Utility
Improvements for Trailblazer Way Associated With Fire Station No. 3, CUP 12-07/CIP 40031.
1 RESOLUTION NO. 2015-240
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
APPROVING A REIMBURSEMENT AGREEMENT WITH RANCHO
COSTERA, LLC FOR THE CONSTRUCTION OF STREET AND UTILITY
4 IMPROVEMENTS ON TRAILBLAZER WAY ASSOCIATED WITH THE
CONSTRUCTION OF FIRE STATION NO.3
5
^ WHEREAS, the City Council of the City of Carlsbad, California has previously determined
7
it necessary, desirable, and in the public interest to construct a new Fire Station No. 3; and
8
WHEREAS, developer Rancho Costera, LLC has plans to develop real property in close
9
proximity to the new Fire Station #3 in an area commonly known as Robertson Ranch West
11 Village; and
12 WHEREAS, as part of developing certain real property in the City of Carlsbad, the
13
developer is obligated to extend a public street known as Trailblazer Way so public street and
14
utility improvements can serve a portion ofthe developer's project; and
15
WHEREAS, Rancho Costera, LLC has agreed to reimburse the City of Carlsbad 50 percent
16
of improvements consisting of full-width dedication, grading, paving, gutter, sidewalk, potable
18 water, sanitary sewer, storm drain and street lights all subject to city cul-de-sac road standards
1^ up to a maximum of $500,000; and
20
WHEREAS, at this time, there has been submitted to the City Council for review and
21
approval, a reimbursement agreement setting forth certain terms and conditions for work to be
22
installed and reimbursed pursuant to the reimbursement agreement.
23
24 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
25 California, as follows:
26 1. That the above recitations are true and correct.
27
28
1 2. That the Agreement for Reimbursement of Costs for the Construction of Street
^ and Utility Improvements of Trailblazer Way is hereby approved and the Mayor is authorized to
execute said agreement.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City
of Carlsbad on the 22"^* day of September 2015, by the following vote to wit:
AYES:
NOES:
ABSENT:
Council Members Hall, Blackburn, Schumacher, Wood, Packard.
MATT HALL, Mayor
ATTEST:
BARBARA ENGLESON^^ity Clerk
(SEAL) .o^;^!.^^^>^\
LOCATION MAP
A/or ro scME
PROJECT NAME f^EIMBURSEMENT AGREEMENT FOR THE
CONTRUCTION OF TRAILBLAZER WAY
EXHIBIT
PLOTTED er: SCOTT EVANS PLOT DAW:9/3/15 PATH:D: \PUBUC WRKS\TRAILBLAZER WAY RBUBURSEUENT LOCAVON UAP.DWG
AGREEMENT FOR REIMBURSEMENT OF COSTS FOR
THE CONSTRUCTION OF STREET AND UTILITY IMPROVEMENTS OF
TRAILBLAZER WAY
CUP 12-07/ FIRE STATION NO. 3
(CIP 40031)
BETWEEN
CITY OF CARLSBAD,
a IVlunicipal corporation
AND
RANCHO COSTERA, LLC
a Delaware Limited Liability Company
AGREEMENT FOR REIMBURSEMENT OF COSTS FOR
THE CONSTRUCTION OF STREET AND UTILITY IMPROVEMENTS
FOR TFlAiLBLAZER WAY ASSOCIATED WITH
FIRE STATION NO. 3, CUP 12-07/CIP 40031
This Agreement for reimbursement of costs for the construction of street and utility
improvements of Trailblazer Way associated with the construction of Fire Station No. 3, CUP
12-07/CIP 40031 just south of the intersection of Wind Trail Way and Glen Avenue dated as of
^P^^AALA^ "2"^ • 201i5 ("Agreement") is made at San Diego County, State of
CaliTOmia, byand between the CITY OF CARLSBAD, a municipal corporation ("City") and
Rancho Costera, LLC, a Delaware limited liability company ("Developer") with reference to the
following recitals:
RECITALS
A. Developer is the record owner of certain real property located in the City of
Carlsbad, California, known as Robertson Ranch West Village, more particulariy described on
Exhibit "A" attached hereto and made a part hereof, and Exhibit "B", shown for reference
purposes only.
B. Developer is developing the property described above and has submitted
development applications with the City for the Robertson Ranch West Village area involving
several discretionary applications including, but not limited to Tentative Map No. CT 13-03
(Developer Project). The Developer's Project involves several Planning Areas and is the subject
of certain approvals by the City.
C. As part of the Developer's obligations for CT 13-03, Developer is required to
extend a public street, known as Trailblazer Way so public street and utility improvements can
serve a portion of Developers Project, known as PA 13. These improvements consist of full-
width dedication, grading, paving, curb, gutter, sidewalk, potable water, sanitaty sewer, storm
drain, and street lights all subject to City cul-de-sac road standards (Improvements). Refer to
Exhibit "C" showing the Improvements.
D. Developer is in the process obtaining entitlements for Developer Project and,
therefore, is not ready to construct the Improvements for Trailblazer Way.
E. City is the record owner of certain real property located in the City of Carisbad,
State of California, more particulariy described in a grant deed to the City of Carlsbad filed as
document no. 2008-0435947 recorded August 14, 2008 together with the real property
described in an irrevocable offer of dedication to the City of Carisbad, filed as document no.
2008-0435946 recorded August 14, 2008 and accepted per document no. 2011-0368561
recorded July 20, 2011 all recorded with the County Recorder of San Diego County, State of
California (collectively, "City Property").
F. City is developing a fire station on a portion of City Property, known as Fire
Station No. 3 (CIP 40031). Development applications were filed and the City received approval
for the fire station known as Condition Use Permit CUP 12-07 (City Project). As part of the City
Project, the City also requires the construction of the Improvements for the same purpose as
the Developer.
G. City has prepared construction documents to build the City Project, which
includes the Improvements for Trailblazer Way. The City desires to construct the said
improvements to facilitate the City Project.
H. The Improvements benefit both City and Developer as they provide both City and
Developer access to public street and public utility improvements to their respective projects;
NOW, THEREFORE, the City and Developer agree as follows:
1. Recitals. The Recitals, above, are true and correct and incorporated
herein by this reference.
2. Improvements. The proposed Improvements for Trailblazer Way are
further described on City Drawing No. 477-8 on file with the City Engineer and incorporated by
this reference.
3. Citv Obligations.
(a) Concurrent with the City Project, City agrees to construct said
Improvements in advance ofthe Developer Project. By constructing the Improvements, the City
shall initially bear the cost to construct said Improvements, but shall be reimbursed by
Developer for their fair-share cost of the Improvements.
(b) The cost to construct said Improvements is estimated near
$900,000. Based on this estimate, the City's estimated 50% fair share cost is $450,000.
However, city's fair share amount value may adjust higher or lower, depending upon the final
cost accounting of constructing these Improvements as described in Section 5 below. City's
actual fair share responsibility shall be 50% of the actual value of construction of the
Improvements based upon a final cost accounting.
(c) Within 90-days of issuing the notice of completion of said
Improvements, City shall provide an accounting of costs to Developer described in Section 5
below.
(d) Reimbursement shall be provided to City prior to issuance of
building permits for Developer Property within PA 13.
(e) City shall prepare public street and public utility dedication
documents together with any temporary slope and construction easements associated with
constructing the Improvements. City shall provide Developer the dedication or temporary
easements for execution.
(f) Within 30-days after the City receives payment from Developer for
their fair share cost per the terms of this Agreement, the City shall record a release that the
terms of this Agreement have been satisfied.
(g) Once City constructs said Improvements and the Developer pays
Developer's actual fair share cost of Improvements, per Section 5, shall satisfy certain
improvement obligations that would othenwise be required as part Developers' Project,
specifically the public road and utility improvements for Trailblazer Way.
4. Developer Obliaations.
(a) Developer agrees for City to proceed with constructing said
Improvements in advance of Developer Project. Upon receipt. Developer agrees to execute
street dedication documents for Trailblazer Way together with temporaty slope and construction
easements as necessary for City to construct the Improvements.
(b) Based on preliminaty cost estimates, the cost to construct said
Improvements is estimated near $900,000. Based on this estimate, the Developer's estimated
50% fair share cost is $450,000. However, Developer's fair share amount value may adjust
higher or lower, depending upon the final cost accounting of constructing these improvements
as described in Section 5. Developer's actual responsibility shall be 50% of the actual value of
construction of the Improvements based upon a final cost accounting (Developer's Fair Share
Cost). However, the Developer's Fair Share Cost shall not exceed $500,000.
(c) Developer agrees that, prior to issuance of building permits within
PA 13 on Developer Property, Developer shall pay Developer's fair share cost of said
Improvements to City. Developer acknowledges the City shall withhold any issuance of building
permits within PA 13 until payment of Developer's Fair Share Cost is received per the terms of
this Agreement.
(d) If, due to unforeseen reasons. City does not pursue constructing
the Improvements in advance of Developer's Project, Developer shall bear the responsibility to
dedicate right-of-way and construct Improvements for Trailblazer Way in accordance with City
standards as required to serve Developer's Project.
5. Cost Accounting of Improvements.
To the extent City constructs the Improvements, City shall retain
contracts, invoicing and payment records for all items of work during the construction of said
Improvements for Trailblazer Way. All construction costs, whether anticipated or unanticipated,
associated with constructing the Improvements for Trailblazer Way shall be included in the final
cost accounting figure. The summary of the cost accounting shall constitute the total actual
cost of the Improvements. Developer shall be responsible to pay fifty percent share of the
actual cost of said Improvements. This cost accounting detailing the total construction costs
shall be delivered to Developer for review, for a period of no more than ninety (90) days after
the city records the notice of completion of said Improvements.
6. Disputes/Claims. If a dispute should arise regarding the performance or
interpretation of this Agreement, the following procedure shall be used to resolve any question
of fact or interpretation not informally resolved by the parties. Such questions, if they become
identified as a part of a dispute among persons operating under the provisions of this
Agreement shall be reduced to writing by the Developer or the City's Director of Public Works.
A copy of such documented dispute shall be fonwarded to both parties involved along with
recommended methods of resolution which would be of benefit to both parties. The Director, or
principal, upon receipt, shall reply to the letter, including a recommended method of resolution
within ten (10) working days. If the resolution thus obtained is unsatisfactory to the aggrieved
party, a letter outlining the dispute shall be fonwarded to the City Council for their resolution
through the office of the City Manager. The City Council may, but is not obligated to resolve the
dispute. If the City Council considers the dispute, and directs a solution, the action of the City
Council shall be binding upon the parties involved, although nothing in this procedure shall
prohibit the parties from seeking remedies available to them at law.
7. Assignment of Agreement. Developer shall not assign this Agreement or
any part thereof or any monies due thereunder without the prior written consent of the City.
8. Notices. Unless othenwise specifically provided herein, all notices,
demands or other communications given hereunder shall be in writing and shall be deemed to
have been duly delivered upon personal delivety, or by Federal Express (or similar reputable
express delivety service), or by facsimile transmission with back-up copy mailed the same day,
or as of the second business day after mailing by United States Certified Mail, return receipt
requested, postage prepaid, address as specified herein. Notices required to be given to
Developer shall be addressed as follows:
-4
RANCHO COSTERA, LLC
c/o Toll Brothers, Inc.
Attn: Peter H. Kim, PE
725 W. Town & Country Road, Suite 200
Orange, CA 92868
Phone: (714) 347-1300 Ext. 1319
Notices to City shall be delivered to the following:
CITY OF CARLSBAD
Public Works/Engineering Department
Attention: Public Works Director
1635 Faraday Ave
Carisbad, CA 92008
Telephone: (760) 602-2730
FAX: (760) 602-8562
Each party shall notify the other immediately of any changes of address that
would require any notice delivered hereunder to be directed to another address.
9. Counterparts. This Agreement may be executed in any number of
counterparts, each of which when so executed and delivered shall be deemed to be an original
and all of which counterparts taken together shall constitute one and the same instrument.
10. Governing Law and Venue. This Agreement shall be interpreted and
enforced under the laws of the State of California, and venue shall reside in San Diego County,
California.
11. Complete Agreement. This Agreement contains the entire agreement
between the parties with respect to the subject matter contained herein, and supersedes all
negotiations, discussions, and prior drafts with respect to this subject matter.
13. Amendment. This Agreement may be amended by a written instrument
executed by City and Developer.
14. Term. This Agreement shall be effective as of the date first above written,
and shall terminate on the date the City pays to Developer the actual audited amount of City's
actual fifty percent share ofthe cost ofthe Storm Drain BCC Improvements.
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15. Severability. The invalidity or unenforceability of any provision of this
Agreement, as determined by a court of competent jurisdiction, shall in no way affect the validity
or enforceability of any other provision hereof.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed as of the date first above written.
RANCHO COSTERA, LLC, a Delaware
limited liability company
CITY OF CARLSBAD, a municipal
corporation of the State of California
JBARA ENGLES
City Clerk
APPROVED AS TO FORM:
CELIA BREWER, City Attorney
BY: Jp A/ rOf^
Detruty Cify Attorne^
-6
CALIFORNIA ALL4niRPOSE ACKNOWLEDQMENT
State of Califomia
County of /? r/2r)^^. }
OnJ^d^_M^Mll before me. ^^/7i'^(^. ^{jf^/Tj^^lfj^ /O^/^ P(^f?/i(L
personally appeared JbfCld\f,lj ^^^^^
JANICE M. LOMBAROI \
Commission # 2066035 \
Notary Public • California 1
^ Orange County g
My Comm. Expiret Apr 27,2018 C • • • • ^^^^^^
Plaea Notary Seal Above
Who proved to me on ttie basis of satisfactmy evkJence to
be ttie per8on(8)r'Whose name(^is/apersut)scribed to ttie
within instrument and adoiowledged to me that
he/§hfl%Bye)»ci^ed the same ki his^^M^Bifauttiorized
capacity.Oe^, and ttiat by his/hM7{h0iCl^^ture(8f on the
in^rument ttie person(^ or ttie entity upon behalf of
which the personts)* acted, executed ttie Instrument.
I certify under PENALTY OF PERJURY under ttie laws
of the State of Califomia ttiat the foregoing paragraph is
true and correct.
WITNESS my hand and offteial seal.
Signature
OPTIONAL
Signaturaafr Pubic
Though the information bekm is not required by Im, It may prove valuable to pereons r^ykig on the document
arKl could prevent fraudulent removal and reattadiment of this form lo another doojment
Description of Attached Document
Title or Type of Document:
Document Date: . Number of Pages:.
Signer(s) Other Ttian Named Above:
Capacity(ies) Claimed by Signer(s)
Signer^ Name:
• Individual
• Corporate Officer—Title(s):
• Partner — • Limited • General
• Attorney in Fact
• Trustee
• Guardian or Conservator
• Other:
Signer Is Representing:
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Signer's Name:
• Individual
• Corporate Officer—Title(s):
• Partner — • Umited • Qtoieral
• Attorney in Fact
• Trustee
• Guardian or Conservator
• Other:
Signer Is Representing:
Top of thumb here
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EXHIBIT 'A'
PARCEL 1
ALL OF PARCEL 1 OF CERTIFICATE OF COMPLIANCE CE 12-14, RECORDED
NOVEMBER 13, 2012 AS INSTRUMENT NO. 2012-0706271 OF OFFICIAL
RECORDS TOGETHER WITH LOT 19 AND A PORTION OF LOT 18 OF
CARLSBAD TRACT NO. 07-03, IN THE CITY OF CARLSBAD, COUTNY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 15780
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY
ON APRIL 16, 2010 AS FILE NO. 2010-0189913 MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF PARCEL 1 OF SAID
CERTIFICATE OF COMPLIANCE, HEREON REFERRED TO AS REC 1 SAID
POINT ALSO BEING THE NORTHEAST CORNER OF PARCEL 2 OF
CERTIFICATE OF COMPLIANCE RECORDED NOVEMBER 28, 2001 AS
INSTRUMENT NO. 2001-0865065 OF OFFICIAL RECORDS; THENCE
SOUTHERLY ALONG THE EAST LINE OF SAID REC 1, SOUTH 01°42'35" WEST
1603.04 FEET TO A POINT ON THE WEST LINE OF LOT 18 OF SAID MAP NO.
15780, HEREON REFERRED TO AS REC 2, SAID POINT ALSO BEING A POINT
ON THE SOUTH TERMINUS OF PEDESTRAIN TRAIL EASEMENT TOGETHER
WITH ACCESS EASEMENT FOR MAINTENANCE DEDICATED ON MAP NO.
15608 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY ON SEPTEMBER 18, 2007; THENCE ALONG THE SOUTH LINE OF
SAID EASEMENT NORTH 44°48'25" EAST 15.37 FEET TO A POINT ON THE
SOUTH LINE OF A 10' WIDE PUBLIC TRAIL EASEMENT GRANTED ON REC 2,
SAID POINT BEING ON A NON-TANGENT CURVE CONCAVE TO THE NORTH
AND HAVING A RADIUS OF 29.00 FEET, A RADIAL TO SAID POINT BEARS
SOUTH 44°24'48'' WEST; THENCE EASTERLY ALONG SAID CURVE THROUGH
A CENTRAL ANGLE OF 36°52'01" AN ARC DISTANCE OF 18.66 FEET TO A
POINT ON A NON-TANGENT CURVE CONCAVE TO THE NORTHEAST AND
HAVING A RADIUS OF 50.00 FEET, A RADIAL TO SAID POINT BEARS NORTH
87°26'38" WEST, SAID POINT ALSO BEING A POINT ON THE RIGHT OF WAY
OF GLEN AVENUE AS SHOWN ON REC 2; THENCE SOUTHEASTERLY ALONG
SAID RIGHT OF WAY AND SAID CURVE THROUGH A CENTRAL ANGLE OF
66°16'01" AN ARC DISTANCE OF 57.83 FEET TO A POINT ON THE BOUNDARY
OF REC 1, SAID POINT ALSO BEING A POINT ON THE SOUTHERLY
BOUNDARY OF REC 2; THENCE ALONG SAID BOUNDARY SOUTH 63°42'38"
EAST 251.09 FEET; THENCE SOUTH 73°19'52" EAST 144.91 FEET TO A
TANGENT CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS
OF 230.00 FEET, A RADIAL TO SAID POINT BEARS SOUTH 16°40'08" WEST,
SAID POINT ALSO BEING A POINT ON THE SAID RIGHT OF WAY OF GLEN
AVENUE AND THE WEST CORNER OF LOT 19 OF REC 2; THENCE
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November 12,2013
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SOUTHEASTERLY ALONG SAID RIGHT OF WAY AND SAID CURVE
THROUGH A CENTRAL ANGLE OF 1 r59'12" AN ARC DISTANCE OF 48.12
FEET; THENCE SOUTH 85°19'04" EAST 31.90 FEET TO A TANGENT CURVE
CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 20.00 FEET, A
RADIAL TO SAID POINT BEARS NORTH 04°40'56" EAST; THENCE
SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
89°3 r 12" AN ARC DISTANCE OF 31.25 FEET TO A TANGENT CONCENTRIC
CURVE CONCAVE TO THE WEST AND HAVING A RADIUS OF 270.00 FEET, A
RADLVL POINT TO SAID POINT BEARS SOUTH 85'^47'52" EAST, SAID POINT
BEING A POINT ON THE WEST RIGHT OF WAY OF WIND TRAIL WAY AND
THE EASTERLY BOUNDARY LINE OF LOT 19 OF REC 2; THENCE SOUTH
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 2°04'27" AN ARC
DISTANCE OF 9.77 FEET; THENCE TANGENT TO SAID CURVE SOUTH
6°16'35" WEST 64.01 FEET TO A POINT ON THE EAST LINE REC 1, SAID POINT
ALSO BEING THE SOUTH CORNER OF SAID LOT 19 OF REC 2; THENCE
SOUTH 04°56'41» EAST 354.82 FEET TO A POINT ON THE EASTERLY LINE OF
THE LAND DESCRIBED IN THE GRANT DEED RECORDED AUGUST 14, 2008
AS DOCUMENT NO. 2008-0435947 OF OFFICIAL RECORDS, HEREON
REFERRED TO AS REC 3, SAID POESIT BEING ON A NON-TANGENT CURVE
CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 594.00 FEET, A
RADIAL TO SAID POINT BEARS SOUTH 65°36'53" WEST; THENCE
NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
20°03'37" AN ARC DISTANCE OF 207.97 FEET TO THE BEGINNING OF A
TANGENT REVERSING 50.00-FOOT RADIUS CURVE CONCAVE WESTERLY, A
RADIAL TO SAID POINT BEARS NORTH 85°40'30" EAST; THENCE
NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
03°54'17" AN ARC DISTANCE OF 3.41 FEET TO THE SOUTHEAST CORNER OF
THE LAND DESCRIBED IN THE IRREVOCABLE OFFER TO DEDICATE
RECORDED AUGUST 14, 2008 AS DOCUMENT NO. 2008-0435946 OF OFFICIAL
RECORDS AND ACCEPTED BY A RESOLUTION RECORDED JULY 20, 2011 AS
DOCUMENT NO. 2011-0368561 OF OFFICIAL RECORDS, HEREON REFERRED
TO AS REC 4, A RADIAL TO SAID POINT BEARS NORTH 81°46'14" EAST;
THENCE CONTINUING NORTHERLY ALONG SAID 50.00-FOOT RADIUS
CURVE ALONG THE EAST LINE OF REC 4 THROUGH A CENTRAL ANGLE OF
23°25'23" (23°25'24" REC 1) AN ARC DISTANCE OF 20.44 FEET TO THE
BEGINNING OF A TANGENT REVERSING 61.00-FOOT RADIUS CURVE,
CONCAVE EASTERLY, A RADL^L POINT TO SAID POINT BEARS SOUTH
58°20'50" WEST; THENCE NORTHERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 36°38'54" AN ARC DISTANCE OF 39.02 FEET; THENCE
CONTINUING ALONG SAID LINE AND NON-TANGENT TO SAID CURVE,
NORTH 82°50'17" WEST 88.59 FEET, NORTH 41°40'54" WEST 37.97 FEET,
NORTH 86°15'38" WEST 99.25 FEET, SOUTH 5ri8'20" WEST 178.66 FEET TO A
POINT ON THE SOUTHEAST CORNER OF THE LAND DESCRIBED IN THE
GRANT DEED RECORDED MAY 11, 2009 AS DOCUMENT NO. 2009-0247694;
THENCE ALONG THE EAST LINE OF SAID LAND, NORTH 60°10'35" WEST
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489.73 FEET TO THE NORTHEAST POINT OF SAID LAND; THENCE ALONG
THE NORTH LINE OF SAID LAND, SOUTH 37°23'17" WEST 15.91 FEET SOUTH
33°10'05" WEST 30.06 FEET, SOUTH 31 °28'07" WEST 28.46 FEET SOUlil
28°18'16" WEST 27.22 FEET, SOUTH 23°44'32" WEST 26.06 FEET' SOUTH
20°05'59" WEST 24.51 FEET, SOUTH 17°41'43" WEST 25.83 FEET SOUTH
16°32'33" WEST 22.22 FEET, SOUTH 00°14'53" EAST 4.75 FEET TO THE
NORTHWEST CORNER OF REC 4; THENCE ALONG THE BOUNDARY OF SAID
REC 4, SOUTH 00°14'53" EAST 44.78 FEET, SOUTH 18°38'34" WEST 24 61 FEET
SOUTH 18°02'54» WEST 38.98 FEET, SOUTH 15°24'50" WEST 44 23 FEET
SOUTH 15°04'00" WEST 29.09 FEET, SOUTH 19°24'35" WEST 37 42 FEET
SOUTH 19°00'56" WEST 53.80 FEET, SOUTH 14°39'44» WEST 24 34 FEET'
SOUTH 19°5r30" WEST 24.56 FEET, SOUTH 27°19'12" WEST 25 25 FEET
SOUTH 32°56'33" WEST 24.91 FEET, SOUTH 32°10'41" WEST 96 78 FEET
SOUTH 15°05'50" WEST 17.77 FEET, SOUTH 08°31 '45" WEST 16 96 FEET
SOUTH 02°09'19" WEST 21.18 FEET, SOUTH 04°24'40" EAST 20.65 FEET 'sOUTH
14°21'09" EAST 17.42 FEET, SOUTH 29°25'43" EAST 12.21 FEET, SOUTH'
43°13'05" EAST 20.44 FEET, SOUTH 53°46'06" EAST 20.48 FEET SOUTH
53°18'58" EAST 26.23 FEET, SOUTH 56°52'22" EAST 37.20 FEET, SOUTH
56°01'32" EAST 36.13 FEET, SOUTH 54°41'34" EAST 39.70 FEET, SOUTH
53°46'31" EAST 41.98 FEET, SOUTH 48°39'14" EAST 23.08 FEET, SOUTH
52°25'37" EAST 29.91 FEET, SOUTH 52°23'29" EAST 35.98 FEET, SOUTH
51°15'33" EAST 43.67 FEET, SOUTH 48°21 '33" EAST 8.42 FEET TO THE
NORTHWEST CORNER OF REC 3; THENCE ALONG THE SOUTH LINE OF SAID
REC 3, SOUTH 48°21 '33" EAST 30.47 FEET, SOUTH 47°55'10" EAST 40.97 FEET
SOUTH 47°39'34" EAST 32.41 FEET, SOUTH 50°46'26" EAST 46.12 FEET SOUTH
49°00'19" EAST 21.99 FEET, SOUTH 66°34'56" EAST 16.06 FEET, SOUTH
47°23'48" EAST 71.12 FEET TO A POINT ON THE EAST LINE OF REC 1; THENCE
ALONG SAID EAST LINE, SOUTH 25°38'31" WEST 90.12 FEET, SOUTH 23°31'32"
WEST 109.80 FEET TO THE SOUTHEAST CORNER OF REC 1; THENCE ALONG
THE SOUTH LINE OF REC 1, NORTH 82°48'22" WEST 72.17 FEET, SOUTH
32°44'07" WEST 16.78 FEET TO THE BEGINNING OF A NON-TANGENT 6855.31-
FOOT CURVE CONCAVE NORTHERLY, A RADIAL TO SAID POINT BEARS
SOUTH 25°28'41" WEST; THENCE WESTERLY ALONG SAID CURVE THROUGH
A CENTRAL ANGLE OF 03°59'05" AN ARC DISTANCE OF 476.75 FEET;
THENCE NORTH 60°32'15" WEST 449.43 FEET TO THE BEGINNING OF A
TANGENT 2045.09-FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE
WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 31°40'36"
AN ARC DISTANCE OF 1130.65 FEET; THENCE SOUTH 87°47'10" WEST 761.88
FEET TO THE BEGINNING OF A TANGENT 1555.07-FOOT RADIUS CURVE
CONCAVE NORTHERLY; THENCE WESTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 43°01 '37" AN ARC DISTANCE OF 1167.80
FEET; THENCE NORTH 49°11 '14" WEST 511.31 FEET TO THE BEGINNING OF A
TANGENT 2045.09-FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE
WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 05°23'02"
A DISTANCE OF 192.17 FEET; THENCE RADIAL TO SAID CURVE NORTH
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November 12,2013
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35°25'44" EAST 55.00 FEET; THENCE NORTH 44°53'07" WEST 132 79 FEET TO
THE SOUTHWEST CORNER OF REC 1; THENCE NORTHERLY ALONG THE
WEST LINE OF REC 1, NORTH 31 °52'21" EAST 69.52 FEET, NORTH 36°53'17"
EAST 92.46 FEET, NORTH 42°37'04" EAST 92,46 FEET, NORTH 48°26'33" EAST
92,75 FEET, NORTH 63°26' 12" EAST 92,35 FEET, NORTH 47°38'51» EAST 94 49
FEET, NORTH 78°03'31" EAST 93,72 FEET, NORTH 77°30'47" EAST 91 01 FEET
NORTH 76°56'34" EAST 89.97 FEET, NORTH 64°32'02" EAST 96.25 FEET NORTH
84°58'35" EAST 96.38 FEET, NORTH 89°31 '55" EAST 100.00 FEET NORTH
88°50'52" EAST 100.13 FEET, NORTH 85°52'25" EAST 106.46 FEET SOUTH
86°48'16" EAST 110.56 FEET, NORTH 61°21'44" EAST 110.57 FEET NORTH
66°10'33" EAST 106.20 FEET, NORTH 60°33'09" EAST 105.87 FEET NORTH
54°35'52" EAST 104.85 FEET, NORTH 55°32'10" EAST 99.66 FEET, NORTH
58°20'10" EAST 100.12 FEET, NORTH 58°14'41" EAST 100.18 FEET NORTH
55°22'41" EAST 99.96 FEET, NORTH 52°29'55" EAST 100.20 FEET NORTH
51°34'19" EAST 103.75 FEET, NORTH 48°25'31" EAST 104.73 FEET NORTH
42°59'01" EAST 104.95 FEET, NORTH 41°35'15" EAST 101.54 FEET NORTH
41°19'05" EAST 100.09 FEET, NORTH 38°24'41" EAST 99.98 FEET NORTH
37°43'45" EAST 106.34 FEET TO THE NORTHWEST CORNER OF REC 1-
THENCE EASTERLY ALONG THE NORTH LINE OF REC 1, SOUTH 89°25'37"
EAST 1688.99 FEET; THENCE LEAVING SAID NORTH LINE, NORTH 54°00'27''
WEST 173.74 FEET TO THE BEGINNING OF A TANGENT 470.00-FOOT RADIUS
CURVE CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG
SAID CURVE THROUGH A CENTRAL ANGLE OF 05°58'25" AN ARC DISTANCE
OF 49.00 FEET; THENCE NON-TANGENT TO SAID CURVE SOUTH 89°25'37"
EAST 20.54 FEET, SOUTH 57°45'41" EAST 249.77 FEET TO A POINT ON THE
NORTH LINE OF REC 1, SAID LINE ALSO BEING THE SOUTH LINE OF SAID
LOT 140 OF MAP NO. 9935; THENCE EASTERLY ALONG SAID LINE, SOUTH
89°25'37" EAST 346.33 FEET TO THE POINT OF BEGINNING.
AREA = 8,889,386 SF OR 204.07 ACRES MORE OR LESS
t-x^
I5U H^.s2ai4 11^'
G:\101307\Parcels\ADJ-Lotl9-PorLotl8-parcell.doc \^
Exhibit 'B'
/^AP 11255
/^AP 9955
S8975'37E 346.33\
(S89-25'10E P2) ^^S. P.O.B.
^'S8975'37-E 1688.99'-^ ' }A ^^'^^ ^
SEE DETA/L 'D
SHEET 5
SEE DETA/L 'C
SHEET 5
CERTIFICATE OF COMPUANCE CE 12-14 DOC. 2012-0706271
REC 11-13-12
N4911'14'W 511.31'
PARCEL 1
204.07 ACRES
208-010-41
^=43V1'37"
R=1555.071
=1167.80\ S87'47'I0"W
\ 761.88'
EL CAMINO REAL
LEGEND
(PI) /ND/CATFS RECORD DATA FROU
DOC. 2012-0706271 (PARCEL 1)
(P2) INDICATES RECORD DATA FROM
MAP NO. 15780 (PARCEL 2)
(P3) /ND/CATES RECORD DATA FROM
MAP NO. 9935 (PARCEL 1)
£i=31'4036
-R=2045.09'. L=1130.65'
N60'32'15'W
449.43'
A=:03'59'05 R=6855.31'
L=476.75'
S04-56'41"E
354.82'
t
rF / P/^ 17985
. c. P. N _.s. u. LX A-^ T_S .
2710 Loker Avenue West,
Suite 100 Corlsbod,
California 92010
T: 760-931-7700
0' 800'
SCALE: r = 800'
ADJUSTMENT PLAT - C/TY OF CARLSBAD DATE: NOV. 12, 2013
APPLICANT: EXHIBIT "B" SHEET I OF I SHEETS
RANCHO COSTERA. LLC oWRGiomr j 7 y
RCE 32014 F//i.12/.31/14
ADJ. No. 13-01
A.P,N. 168-380-18. -19
208-010-41. 208-101-02
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