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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. // // 3 4 5 6 7 // 8 // 9 10 11 12 13 14 // 17 18 19 20 23 24 25 26 27 28 // // // // 15 // 16 // // // // 21 // 22 // // // // 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 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. /// /// /// /// /// /// /// /// /// 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: top of thumb here 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 O2007Na9kindlMafyA»aciato>93S00eSaloAA,P.O.B«2402>ai^^ ItemfSgOT Hacnkr.(MT»fm\-«X>«rMa!7 JN 101307-3 November 12,2013 Page 1 of 4 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 G:\10I307\ParcelsVU)J-Lotl9-PorLot 18-parcel l.doc \^ JN 101307-3 November 12,2013 Page 2 of4 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 G:\101307\Parcels\ADJ-Lotl9-PorLot 18-parcel l.doc lb JN 101307-3 November 12, 2013 Page 3 of 4 489.73 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 G:\101307\Parcels\ADJ-Lotl9-PorLot 18-parcel l.doc n JN 101307-3 November 12,2013 Page 4 of 4 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 OJ D -"I 00 m CZ 01 < -1 > o m mmm ^ '^^ <D m O