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HomeMy WebLinkAbout2019-01-08; City Council; ; Accepting dedication of Calavera Hills Village H property (APN 167-101-19) from Presidio Cornerstone QC, LLC; authorizing execution of grant deed dedicating a portion ofStaff has assessed the condition of the preserves, open space and existing historic trail within the Calavera Hills Village H property against city standards for preserves, open space and trails. Staff has determined that improvements are needed to bring the preserves, open space and trail up to city standards. Therefore, additional costs for these improvements have been identified in the Fiscal Analysis section of this report and in the City Council Resolution. Discussion As part of the Quarry Creek development (Project), Preserve Calavera filed a lawsuit challenging the adequacy of the CEQA document for the Project. A settlement was reached with all three parties and the Agreement was executed November 25, 2013. The three signatory parties to the Agreement are Preserve Calavera, Quarry Creek Investors and the City of Carlsbad. The Agreement identifies a means for the city to take possession of the Calavera Hills Village H property for open space/preservation purposes. The Calavera Hills Village H property (APN 167-101-19) constitutes approximately 60.9 acres. Since the Agreement was executed, Quarry Creek Investors secured the granting of the Calavera Hills Village H property from Presidio Cornerstone QC, LLC to the city. Pursuant to the terms, the developer is now granting the Calavera Hills Village H property to the city. A copy of the grant deed for Calavera Hills Village H property is included in the Resolution. As described in the Agreement, the city has the obligation to accept the Calavera Hills Village H property. A majority of the Calavera Hills Village H property is habitat preserve and open space. However, approximately 2.3 acres of the Calavera Hills Village H property contains an existing recreational vehicle storage use. The Agreement stipulates, after taking possession of the Calavera Hills Village H property, the city is to grant RV storage property to a designated entity. The Calavera Hills Recreational Vehicle Park currently has rights to the RV storage property via an existing easement and it operates the storage use. Therefore, staff is recommending the city grant the RV storage property to the Calavera Hills Recreational Vehicle Park, a California mutual benefit corporation. The Calavera Hills Recreation Vehicle Park is ready to accept this grant deed for the RV storage property. With these grant deeds recorded, this will conclude all of the property transactions outlined in the Agreement. As part of the city accepting the Calavera Hills Village H property, the city would take on the maintenance obligation of the balance of the property. These costs are outlined in the Fiscal Analysis below. Fiscal Analysis A portion of the Calavera Hills Village H property, approximately 36.1 acres on the north side of Carlsbad Village Drive, is within the Habitat Management Plan (HMP) area and is funded for long term preserve management by an existing endowment. The city's HMP Program Manager will ensure that this portion of property continues to be managed by a preserve management firm, via funds from the existing endowment. January 8, 2019 Item #6 2 of 45 Two other portions of the Calavera Hills Village H property (approximately 9.9 acres) are within the HMP area, but are not funded for long term preserve management. To cover the added management costs of these preserves, an ongoing appropriation of $35,000 to the Parks Maintenance Operating Budget will be needed. This request for appropriation will be included in the FY 2019-20 budget process. Parks & Recreation staff will then arrange for the existing management firm for city-owned preserves, the Center for Natural Lands Management (CNLM), to assume this additional ongoing obligation. In addition, the current condition of all three preserve areas described above (approximately 46 acres total) require initial remedial work to bring them up to city preserve standards. This work will include tasks such as exotic plant trimming or removal (e.g., Eucalyptus trees), trash and debris removal, drainage ditch clearances, and basic surveys of plant life and wildlife. A one- time appropriation of $165,000 to the Parks Maintenance Operating Budget will be needed to address this remedial work. The work will be performed predominantly by contractual forces. Another remaining portion of the Calavera Hills Village H property (approximately 12.6 acres) is outside the HMP area, but will still be designated as open space, and will also require long term maintenance and management. Included within that approximate 12.6 acres is an approximate 3.8 acres of disturbed land on the southeast corner of Carlsbad Village Drive and Victoria Lane. That disturbed land is presently General Plan designated as Community Facilities (CF), but as part of a future General Plan update, it will be re-designated as Open Space (05), resulting in a net gain of 3.8 acres of open space. The entire 12.6 acres of open space will be available for the city's consideration of formalized trails and other authorized recreational amenities. Contained within this 12.6 acres of open space is the bulk of a trail alignment (approx. ½ mile) conceptually reflected in the city's draft Trails Master Plan. For several years, much of this alignment has been used by the public as an informal trail, while the Calavera Hills Village H property was privately-owned. Section 4.B of the Agreement states that "Upon the transfer of Village H to the City, the City shall assume responsibility for ownership of Village H and shall promptly allow public access to the historic public use trail through Village H." To accommodate the assumption of these maintenance and management requirements, ongoing appropriations of $40,000 and $10,000 to the Parks Maintenance Operating Budget and Trails Maintenance Operating Budget, respectively, will be needed; these requests for appropriations will be included in the FY 2019-20 budget process. The long-term services to this portion of the property will be performed by a combination of contractual forces and city staff. The current condition of the informal trail would also require initial remedial work to bring it up to city trails standards. This work would include items such as exotic plant trimming or removal (e.g., Eucalyptus trees), trail surfacing supplementation, trail delineation fence erection, trail signage, recycling/trash receptacles, and related amenities installation. Two, one-time appropriations of $50,000 and $45,000 to the Parks Maintenance Operating Budget and Trails Maintenance Operating Budget, respectively, and the execution of applicable trade contracts, will be needed to address this initial remedial work. The work will be performed predominantly by contractual forces. January 8, 2019 Item #6 3 of 45 The remaining portion of the Village H property, the RV storage property, will be granted to the Calavera Hills Recreation Vehicle Park. Once the deed is recorded, the city will have no responsibility for the maintenance costs of this property. The responsibility for the maintenance costs will lie with Calavera Hills Recreation Vehicle Park, a California mutual benefit corporation. A summary of both one-time and ongoing costs for the Village H Property: VILLAGE H PROPERTY-REQUESTED APPROPRIATION: ONE-TIME/OCCURS UPON APPROVAL ITEM TO BE FUNDED AMOUNT Remedial work on ~45 acres of preserve to be brought up to city standards $165,000 Remedial work on ~13 acres of open space to be brought up to city standards $50,000 SUBTOTAL $215,000 Remedial work on .5 miles of informal trail to be brought up to city standards $45,000 TOTAL (To be appropriated from the General Capital Construction Fund) $260,000 VILLAGE H PROPERTY -ONGOING FISCAL IMPACT: BEGINNING WITH FY 2019-20 BUDGET ITEM TO BE FUNDED AMOUNT Management of ~9_9 acres of preserve $35,000 Maintenance of ~13 acres of open space $40,000 Maintenance of ~.5 miles oftrail, incl. amenities and encroaching Eucalyptus $10,000 TOTAL (Future appropriation to be requested from the General Fund} $85,000 Sufficient funds are available in the General Capital Construction Fund to accommodate the $260,000 total one-time appropriation, via a transfer of $215,000 and $45,000 to the FY 2018- 19 Parks Maintenance Operating Budget and the FY 2018-19 Trails Maintenance Operating Budget, respectively. Additionally, $85,000 total in General Funds will be requested for appropriation to these operating budgets, beginning in FY 2019-20, for ongoing maintenance and management purposes. Next Steps The City Clerk will record the Calavera Hills Village H grant deed and the city will take possession of the property. After possession, the Mayor will execute the grant deed for that portion of Calavera Hills Village H property which constitutes the RV storage property and the City Clerk will secure necessary signatures and record the RV storage property grant deed. The result will be the city owning the habitat preserve and open space portion of the Calavera Hills Village property, excluding the RV storage property. Staff will then coordinate with CNLM to assume ongoing management responsibility of the two described preserve areas, and initiate contracts with trade firms to perform the remedial work to address the city's preserves, open space and trails standards, and assume ongoing management responsibility of the area described. Once the historic public use trail and the adjacent open space is brought up to city standards, the trail will be opened for public use. January 8, 2019 Item #6 4 of 45 Environmental Evaluation (CEQA) The proposed property transactions do not qualify as a 'project' under the California Environmental Quality Act (CEQA) per Public Resources Code Section 21065 and State CEQA Guidelines Section 15378 in that it has no potential to cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment and therefore does not require environmental review. Public Notification This item was noticed in accordance with the Ralph M. Brown Act and was available for public viewing and review at least 72 hours prior to the scheduled meeting date. Exhibits 1. City Council Resolution 2. Settlement Agreement 3. Location Map January 8, 2019 Item #6 5 of 45 RESOLUTION NO. 2019-003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE CITY CLERK TO ACCEPT THE GRANT DEED DEDICATING THE CALAVERA HILLS VILLAGE H PROPERTY (APN 167-101-19) FROM PRESIDIO CORNERSTONE QC, LLC; AUTHORIZING THE MAYOR TO EXECUTE THE GRANT DEED ON A PORTION OF CALAVERA HILLS VILLAGE H PROPERTY (PORTION APN 167-101-19) TO THE CALAVERA HILLS RECREATIONAL VEHICLE PARK; AND AUTHORIZING TWO, ONE-TIME APPROPRIATIONS OF $215,000 AND $45,000 TO THE PARKS MAINTENANCE OPERATING BUDGET AND TRAILS MAINTENANCE OPERATING BUDGET, RESPECTIVELY, FOR A TOTAL OF $260,000 IN IMPROVEMENTS TO SAID PROPERTY TO MEET CITY STANDARDS EXHIBIT 1 WHEREAS, on November 25, 2013, a settlement agreement was reached between Preserve Calavera, Quarry Creek Investors and the City of Carlsbad (Agreement); and WHEREAS, the property owner of the Calavera Hills property, Presidio Cornerstone QC, LLC is granting said property to the city and, consistent with terms of the Agreement, the city shall take possession of the Calavera Hills Village H property consisting of approximately 60.9 acres; and WHEREAS, consistent with the Agreement, upon possession the Calavera Hills Village H property, the city shall dedicate the recreational vehicle storage area (RV storage property) portion of Village H property to a designated entity; and WHEREAS, the Calavera Hills Recreation Vehicle Park currently has rights to the RV storage property via an existing easement per document 85-302781 recorded August 21, 1985 and it operates the storage use, therefore, consistent with the Agreement, the city is granting the RV storage property to the Calavera Hills Recreation Vehicle Park; and WHEREAS, portions of preserves and open space within the Calavera Hills Village H property require initial remedial work to bring them up to city preserves and open space standards, and ongoing maintenance by the city to meet these standards; and January 8, 2019 Item #6 6 of 45 WHEREAS, consistent with the Agreement, upon transfer of the Calavera Hills Village H to the city, city shall promptly allow public access to the historic public use trail through Village H; and WHEREAS, prior to opening the trail for public use, the trail requires initial remedial work to bring it up to city trails standards, and ongoing maintenance by the city to sustain these standards. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the City Clerk is authorized to accept the grant deed of the Calavera Hills Village H property (APN 167-101-19) granted by Presidio Cornerstone QC, LLC and to record said grant deed with the County Recorder's Office. 3. After city possession of Calavera Hills Village H property (APN 167-101-19), the Mayor is authorized to execute the grant deed for that portion of the Calavera Hills Village H property which consists of the RV storage property, granting it to the Calavera Hills Recreation Vehicle Park, a California mutual benefit corporation. Upon execution of this deed, the City Clerk is authorized to record the deed with the County Recorder's Office. 4. The Administrative Services Director or designee is hereby authorized to make two, one- time appropriations from the General Capital Construction Fund, via transfer of $215,000 and $45,000 to the FY 2018-19 Parks Maintenance Operating Budget and the FY 2018-19 Trails Maintenance Operating Budget, respectively. January 8, 2019 Item #6 7 of 45 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 8th day of January, 2019, by the following vote, to wit: AYES: NOES: ABSENT: M. Hall, K. Blackburn, P. Bhat-Patel, C. Schumacher, B. Hamilton None. None. MATT HALL, Mayor c!k/,(A RJtZ~ ~ARBARA ENGLESON, City Clerk (SEAL) January 8, 2019 Item #6 8 of 45 RECORDING REQUESTED BY City of Carlsbad AND WHEN RECORDED, PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 MAIL TAX STATEMENTS TO: EXEMPT The undersigned grantor(s) declare(s): Documentary transfer tax is$ 00.0 ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ) Unincorporated area: (x) City of Carlsbad, and DOC# 2019-0169674 111111111111 lllll 111111111111111111111111111111 IIIII IIIII IIIII IIII IIII May 07, 2019 12:13 PM OFFICIAL RECORDS Ernest J Dronenburg, Jr , SAN DIEGO COUNTY RECORDER FEES $0 00 (S82 Atkins $0 00) PCOR N/A PAGES. 9 SPACE ABOVE THIS LINE FOR RECORDER'S USE Assessor's Parcel No. 167-101-19 ------------Project ID: CT 11-04 ------------Re I ate d Project ID: ------------Re I ate d Project ID: ___________ _ Project Name: _Q_u_ar_ry~C_re_e_k_-V_i_lla___,g._e_H ___ _ Signature of Declarant or Agent Determining Tax Firm Name GRANT DEED FOR VALUABLE CONSIDERATION, receipt of which is acknowledged, l(We), Presidio Cornerstone QC, LLC, a Delaware limited liability company, grant to the City of Carlsbad, a California municipal corporation all that real property situated in the City of Carlsbad, (or in an unincorporated area of) San Diego County, California, described as follows: See attached Exhibit "A" Grantor(s): Presidio Cornerstone QC LLC A Delaware limited liability company date: 7/23/20l8 Print name: Ure R. Kretowicz title: Manager APPROVED AS TO FORM: ATTESTA_ • By:\ Il"CCuAu & . -We~ (sign here) Assistant City Attorney Its: TQ.ma.J'q_(<. 7Ylcm, QI) ~1-hl (print name & title) C.,j +y C-1'2-f'I< J ~ (Notarial acknowledgement of execution of PROPERTY 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.) (If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to execute this instrument.) C \Users\Tnsh\AppData\Local\M1crosoft\W1ndows\Temporary Internet F,les\Content Outlook\8F29P5A9\Grant Deed City Real Property from Pres1d1on Cornerstone (002) doc REV 01/25/13 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. State of California County of SB,o .D 1 !::Jo On .::J~ .13rd 1 .2ol 8 before me. ___,.C,__,c,.,r."""--'o"""l ....... 11L.-'/"lCZ.,.___.L.,,,oJ....,,._,,,~-.,_,_n--'-+-. -LN-"'-""'o_,,.toJ=---Jj-+-----"f'i----"vb""'----'l_._1 __ c.~ Date Here Insert Name and Title of the Officer personally appeared ---------~U~r~tZ-~R..._-~k~e<~<2.----t~o~1 ... LJ~•'~c.--..z...------ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s). or the entity upon behalf of which the person(s) acted, executed the instrument. Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Signature of Notary Public --------------OPTIONAL _____________ _ Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Crr-o.o t -De a cl Document Date: _______ _ Number of Pages: ___ Signer(s) Other Than Named Above: ___________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ___________ _ Signer's Name: ___________ _ D Corporate Officer -Title(s): _____ _ □ Corporate Officer -Title(s): _____ _ □ Partner -C Limited □ General □ Partner -::J Limited □ General lJ Individual L Attorney in Fact lJ Individual L Attorney in Fact D Trustee C Guardian or Conservator □ Trustee C Guardian or Conservator □Other: ______________ _ □ Other: _____________ _ Signer Is Representing: _________ _ Signer Is Representing: ________ _ <cl2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 C IUsers\Trish\AppOata\Local\M1crosoftlW1ndows\Temporary Internet F,les\Content Outlook18F29P5A91Grant Deed City Real Property from Pres,dion Cornerstone (002) doc REV 01125113 Exhibit "A" LEGAL DESCRIPTION Real property in the City of carlsbad, County of San Diego, State of california, described as follows: THOSE PORTIONS OF LOTS "E" AND "J" OF THE RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE PARTITION MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF THE 493.70 ACRE OF PARCEL OF LAND AS SHOWN ON RECORD OF SURVEY MAP NO. 9336, FILED IN THE OFFICE OF SAID COUNTY RECORDER, BEING THE NORTHERLY TERMINUS OF THAT CERTAIN COURSE SHOWN THEREON AS NORTH 01 DEGREES 57'58" EAST, 610.78 FEET; THENCE ALONG THE BOUNDARY OF SAID RECORD OF SURVEY NO. 9336 THE FOLLOWING COURSES: Page 1 of 5 SOUTH 01 DEGREES 57'58" WEST, 610.78 FEET; THENCE NORTH 14 DEGREES 20'05" WEST, 173.76 FEET; THENCE SOUTH 55 DEGREES 38'49" WEST, 223.72 FEET; THENCE SOUTH 06 DEGREES 47'57" WEST, 453.91 FEET; THENCE SOUTH 23 DEGREES 20'39" WEST, 178.18 FEET; THENCE SOUTH 67 DEGREES 30'58" WEST, 104.71 FEET; THENCE SOUTH 06 DEGREES 54'33" WEST, 213.56 FEET; THENCE SOUTH 35 DEGREES 11'39" WEST, 151.59 FEET; THENCE NORTH 72 DEGREES 22'13" WEST, 179.56 FEET; THENCE NORTH 59 DEGREES 48'28" WEST 130.94 FEET; THENCE NORTH 10 DEGREES 25'27" WEST, 66.69 FEET; THENCE NORTH 79 DEGREES 42'34" WEST, 118.91 FEET; THENCE NORTH 43 DEGREES 09'17" WEST, 153.79 FEET; THENCE NORTH 81 DEGREES 24'19" WEST, 96.93 FEET; THENCE SOUTH 07 DEGREES 40'28" WEST, 190.85 FEET; THENCE SOUTH 08 DEGREES 24'37" EAST, 203.13 FEET; THENCE SOUTH 28 DEGREES 28'28" EAST, 327.62 FEET; THENCE SOUTH 13 DEGREES 32'31" WEST, 98.52 FEET; THENCE SOUTH 59 DEGREES 25'58" WEST, 133.58 FEET; THENCE SOUTH 15 DEGREES 38'47" WEST, 352.73 FEET; THENCE SOUTH 57 DEGREES 48'41" EAST, 56.66 FEET; THENCE SOUTH 00 DEGREES 21'43" WEST, 2,179.75 FEET; THENCE NORTH 89 DEGREES 36'10" WEST, 265.41 FEET; THENCE SOUTH 01 DEGREES 15'40" WEST, 150.31 FEET; THENCE SOUTH 09 DEGREES 46'52" WEST, 112.81 FEET; THENCE SOUTH 20 DEGREES 51'39" WEST, 126.01 FEET; THENCE SOUTH 14 DEGREES 46'34" WEST, 57.07 FEET; THENCE SOUTH 07 DEGREES 13'08" WEST, 135.35 FEET; THENCE SOUTH 11 DEGREES 37'59" WEST, 65.22 FEET; THENCE SOUTH 14 DEGREES 43'11" WEST, 159.95 FEET; THENCE SOUTH 21 DEGREES 37'29" WEST, 190.15 FEET; THENCE SOUTH 13 DEGREES 43'44" WEST, 781.93 FEET; THENCE NORTH 89 DEGREES 25'15" WEST, 2,080.35 FEET TO THE SOUTHEAST CORNER OF LOT 140 OF CARLSBAD TRACT NO. 76- 12 CALAVERA HILLS, ACCORDING TO MAP THEREOF NO. 9935, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DECEMBER 16, 1980; THENCE CONTINUING ALONG THE BOUNDARY OF SAID RECORD OF SURVEY MAP NO. 9336 AS FOLLOWS: NORTH 01 DEGREES 43'19" EAST, 610.00 FEET; THENCE NORTH 23 DEGREES 12'02" WEST, 720.30 FEET; THENCE SOUTH 78 DEGREES 12'06" EAST, 319.76 FEET; THENCE SOUTH 48 DEGREES 43'39" EAST, 335.00 FEET; THENCE NORTH 48 DEGREES 46'21" EAST, 250.00 FEET; THENCE SOUTH 81 DEGREES 13'39" EAST, 210.00 FEET; THENCE NORTH 08 DEGREES 46'21" EAST, 980.00 FEET; THENCE NORTH 24 DEGREES 13'39" WEST, 770.00 FEET TO A TANGENT 1,000 FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, 301.73 FEET THROUGH AN ANGLE OF 17 DEGREES 17'17"; THENCE LEAVING SAID CURVE SOUTH 69 DEGREES 28'42" WEST, 1,408.19 FEET TO A POINT ON THE ARC OF A 1,042 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY ON THE EASTERLY LINE OF TAMARACK AVENUE, A RADIAL LINE OF SAID CURVE BEARS SOUTH 85 DEGREES 33'46" EAST, TO SAID POINT; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, 186.74 FEET, THROUGH AN ANGLE OF 10 DEGREES 16'06"; THENCE TANGENT TO SAID CURVE SOUTH 14 DEGREES 42'20" WEST, 138.62 C \Users\Trrsh\AppOatallocal\Microsoft\Windows\Temporary Internet F,les\Content Outlookl8F29P5A9\Grant Deed City Real Property from Presrdron Cornerstone (002) doc REV 01125/13 Page 2 of 5 Exhibit "A" LEGAL DESCRIPTION FEET TO A TANGENT 642 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, 249.81 FEET THROUGH AN ANGLE OF 22 DEGREES 17'40"; THENCE TANGENT TO SAID CURVE, SOUTH 37 DEGREES 00'00" WEST, 702.00 FEET TO A TANGENT 958 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, 264.04 FEET THROUGH AN ANGLE OF 15 DEGREES 47'30"; THENCE TANGENT TO SAID CURVE SOUTH, 21 DEGREES 12'30" WEST, 455.94 FEET; THENCE NORTH 00 DEGREES 36'38" EAST, 944.30 FEET; THENCE NORTH 89 DEGREES 25'06" WEST, 300.33 FEET; THENCE SOUTH 00 DEGREES 34'54" WEST, 660.00 FEET; THENCE NORTH 89 DEGREES 25'06" WEST 317.29 FEET; THENCE NORTH 00 DEGREES 35'22" EAST, 987.58 FEET; THENCE NORTH 24 DEGREES 22'59" WEST, 517.37 FEET TO THE SOUTHEAST CORNER OF THE LAND DESCRIBED IN DEED TO CEDRIC E. SANDERS, RECORDED DECEMBER 29, 1983 AS FILE NO. 83-475916 OF OFFICIAL RECORDS; THENCE ALONG THE BOUNDARY LINE OF SAID LAND AS FOLLOWS: SOUTH 82 DEGREES 57'05" WEST, RECORD SOUTH 82 DEGREES 59'47" WEST, 70.00 FEET; THENCE NORTH 24 DEGREES 22'59" WEST, RECORD NORTH 24 DEGREES 20'17" WEST, 95.00 FEET; THENCE NORTH 05 DEGREES 02'00" WEST, RECORD NORTH 04 DEGREES 59'18" WEST, 28.72 FEET TO A TANGENT 150 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, 114.94 FEET THROUGH AN ANGLE OF 43 DEGREES 54'14"; THENCE TANGENT TO SAID CURVE, NORTH 48 DEGREES 56'14" WEST, RECORD NORTH 48 DEGREES 53'30" WEST, 22.76 FEET; THENCE NORTH 41 DEGREES 03'39" EAST, RECORD NORTH 41 DEGREES 06'30" EAST, 79.00 FEET TO SAID BOUNDARY LINE OF RECORD OF SURVEY MAP NO. 9336; THENCE ALONG SAID LINE NORTH 24 DEGREES 22'59" WEST, 66.33 FEET TO AN ANGLE POINT ON THE SOUTHWESTERLY LINE OF THE LAND DESCRIBED IN DEED TO MC MILLIN DEVELOPMENT, INC., RECORDED DECEMBER 29, 1983 AS FILE NO. 83-475914 OF OFFICIAL RECORDS, BEING A POINT ON THE ARC OF A 470 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, A RADIAL LINE OF SAID CURVE BEARS SOUTH 48 DEGREES 56'10" EAST, (DEED RECORD SOUTH 48 DEGREES 53'30" EAST), TO SAID POINT; THENCE ALONG THE BOUNDARY LINE OF SAID LAND NORTHEASTERLY ALONG THE ARC OF SAID CURVE, 78.16 FEET THROUGH AN ANGLE OF 09 DEGREES 31'42" TO A POINT OF COMPOUND CURVATURE WITH A CURVE, HAVING A RADIUS OF 25 FEET; THENCE NORTHERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE, 38.64 FEET THROUGH AN ANGLE OF 82 DEGREES 32'59" TO A POINT OF REVERSED CURVATURE WITH A CURVE, HAVING A RADIUS OF 742 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, 171.74 FEET, THROUGH AN ANGLE OF 13 DEGREES 15'39" TO BOUNDARY LINE OF RECORD OF SURVEY MAP NO. 9336; THENCE ALONG SAID BOUNDARY LINE THEREOF AS FOLLOWS: THENCE NORTH 24 DEGREES 22'59" WEST, 710.52 FEET TO AN ANGLE POINT THEREON; THENCE NORTH 24 DEGREES 25'15" WEST, 1,805.09 FEET; THENCE NORTH 70 DEGREES 04'42" EAST, 515.00 FEET; THENCE SOUTH 42 DEGREES 46'18" EAST 95.60 FEET; THENCE SOUTH 43 DEGREES 00'00" EAST, 380.00 FEET; THENCE SOUTH 03 DEGREES 30'00" EAST, 190.00 FEET; THENCE SOUTH 31 DEGREES 30'00" EAST, 360.00 FEET; THENCE SOUTH 15 DEGREES 00'00" EAST, 140.00 FEET; THENCE LEAVING SAID BOUNDARY SOUTH 28 DEGREES 37'41" EAST, 60.70 FEET TO AN ANGLE POINT IN SAID BOUNDARY; THENCE ALONG SAID BOUNDARY SOUTH 28 DEGREES 37'41" EAST, 482.64 FEET; THENCE SOUTH 02 DEGREES 54'50" WEST, 350.00 FEET; THENCE SOUTH 17 DEGREES 25'10" EAST, 430.00 FEET; THENCE SOUTH 24 DEGREES 25'10" EAST, 490.00 FEET; THENCE SOUTH 10 DEGREES 43'01" EAST, 257.35 FEET; THENCE SOUTH 24 DEGREES 25'10" EAST, 430.00 FEET; THENCE SOUTH 48 DEGREES 05'12" EAST, 200.00 FEET; THENCE SOUTH 24 DEGREES 25'10" EAST, 300.00 FEET; THENCE NORTH 59 DEGREES 09'50" EAST 587.00 FEET; THENCE NORTH 43 DEGREES 26'16" EAST, 339.00 FEET; THENCE SOUTH 79 DEGREES 57'54" EAST, 71.22 FEET TO A POINT ON THE ARC OF A 1,000 FOOT RADIUS CURVE, CONCAVE WESTERLY, A RADIAL LINE OF SAID CURVE BEARS SOUTH 75 C \Users\Tnsh\AppData\Local\M1crosoftlW1ndows\Temporary Internet Flies\ContentOutlook\8F29P5A9\Grant Deed City Real Property from Pres1d1on Cornerstone (002).doc REV 01/25/13 Exhibit "A" LEGAL DESCRIPTION DEGREES 17'40" EAST TO SAID POINT, BEING A POINT ON THE CENTER LINE OF TAMARACK AVENUE; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, 581.64 FEET, THROUGH AN ANGLE OF 33 DEGREES 19'32"; THENCE TANGENT TO SAID CURVE NORTH 18 DEGREES 37'12" WEST, 583.42 FEET TO AN ANGLE POINT; THENCE LEAVING SAID BOUNDARY NORTH 18 DEGREES 37'12" WEST, 378.89 FEET TO A TANGENT 300 FOOT RADIUS CURVE, CONCAVE WESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, 78.73 FEET THROUGH AN ANGLE OF 15 DEGREES 02'11" TO SAID BOUNDARY LINE OF RECORD OF SURVEY MAP NO. 9336; THENCE ALONG SAID BOUNDARY NORTH 79 DEGREES 14'50" EAST, 611.45 FEET TO AN ANGLE POINT; THENCE SOUTH 87 DEGREES 15'10" EAST, 77.00 FEET; THENCE LEAVING SAID BOUNDARY NORTH 04 DEGREES 01'32" EAST, 507.85 FEET TO A POINT IN SAID BOUNDARY DISTANT THEREON SOUTH 80 DEGREES 35'00" EAST, 92.15 FEET FROM AN ANGLE POINT THEREON; THENCE ALONG SAID BOUNDARY AS FOLLOWS: Page 3 of 5 NORTH 80 DEGREES 35'00" WEST, 92.15 FEET; THENCE NORTH 21 DEGREES 05'00" WEST, 444.98 FEET TO THE BEGINNING OF A TANGENT 50.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE CLOCKWISE ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 129 DEGREES 05'00", A DISTANCE OF 112.65 FEET; THENCE TANGENT TO SAID CURVE, SOUTH 72 DEGREES 00'00" EAST, 88.57 FEET TO THE BEGINNING OF A TANGENT 50.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE COUNTERCLOCKWISE ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 79 DEGREES 57'49", A DISTANCE OF 69.78 FEET TO A POINT OF REVERSE CURVATURE WITH A 2,000 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 61 DEGREES 57'49" WEST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 15 DEGREES 42'39", A DISTANCE OF 548.41 FEET TO A POINT IN THE ARC OF SAID CURVE, TO WHICH A RADIAL LINE BEARS NORTH 46 DEGREES 15'10" WEST; THENCE ALONG A NON-TANGENT LINE NORTH 59 DEGREES 51'57" EAST, 804.25 FEET; THENCE NORTH 13 DEGREES 27'33" WEST, 360.00 FEET TO THE NORTH LINE OF SAID RECORD OF SURVEY NO. 9336; THENCE NORTH 89 DEGREES 19'07" EAST, 1,113.53 FEET; THENCE NORTH 89 DEGREES 19'35" EAST, 2,580.31 FEET TO THE POINT OF BEGINNING. EXCEPTING THAT PORTION OF LOT J DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHEASTERLY CORNER OF CARLSBAD TRACT NO. 81-47 IN SAID CITY AND STATE ACCORDING TO MAP THEREOF NO. 10565, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JANUARY 17, 1983; THENCE SOUTH 69 DEGREES 28'42" WEST, 754.99 FEET (RECORD 754.89 FEET PER MAP NO. 10565) ALONG THE NORTHERLY SUBDIVISION BOUNDARY OF SAID TRACT NO. 81-47 TO THE MOST NORTHWESTERLY CORNER OF SAID TRACT NO. 81-47, SAID POINT BEING ON THE CENTER LINE OF GLASGOW DRIVE AS DEDICATED TO THE PUBLIC PER MAP NO. 10565; THENCE CONTINUING SOUTH 69 DEGREES 28'42" WEST, 30.02 FEET TO THE WESTERLY LINE OF GLASGOW DRIVE; THENCE ALONG THE EASTERLY LINE OF AN EASEMENT FOR PUBLIC ROADWAY PURPOSES PER DOCUMENT RECORDED FEBRUARY 26, 1986 AS FILE NO. 86-075424 OF OFFICIAL RECORDS, NORTH 18 DEGREES 37'12" WEST, 460.04 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID WESTERLY LINE SOUTH 71 DEGREES 22'46" WEST, 130.00 FEET; THENCE NORTH 18 DEGREES 37'12" WEST, 150.00 FEET TO THE SOUTHERLY LINE OF SAID EASEMENT FOR PUBLIC ROADWAY PURPOSES PER DOCUMENT RECORDED FEBRUARY 26, 1986 AS FILE NO. 86-075424 OF OFFICIAL RECORDS; THENCE ALONG SAID SOUTHERLY LINE, NORTH 71 DEGREES 22'48" EAST, 105.00 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 25.00 FEET; THENCE NORTHEASTERLY, EASTERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, C \UserslTnsh\AppData\Local\Microsoft\Wrndows\Temporary Internet Frles\Content Outlookl8F29P5A9\Grant Deed Crty Real Property from Presrdron Cornerstone (002) doc REV 01 /25/13 Exhibit "A" LEGAL DESCRIPTION THROUGH A CENTRAL ANGLE OF 90 DEGREES 00'00", 39.27 FEET; THENCE ALONG THE WESTERLY LINE OF SAID EASEMENT FOR PUBLIC ROADWAY PURPOSES PER DOCUMENT RECORDED FEBRUARY 26, 1986 AS FILE NO. 86-075424 OF OFFICIAL RECORDS SOUTH 18 DEGREES 37'12" EAST, 125.00 FEET TO THE TRUE POINT OF BEGINNING. ALSO EXCEPTING THAT PORTION OF LOT J DESCRIBED AS FOLLOWS: Page 4 of 5 BEGINNING AT THE MOST NORTHEASTERLY CORNER OF CARLSBAD TRACT NO. 81-47 IN SAID CITY AND STATE, ACCORDING TO MAP THEREOF NO. 10565, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JANUARY 17, 1983; THENCE SOUTH 69 DEGREES 28'42" WEST, 754.99 FEET (RECORD 754.89 FEET PER MAP NO. 10565) ALONG THE NORTHERLY SUBDIVISION BOUNDARY OF SAID TRACT NO. 81-47 TO THE MOST NORTHWESTERLY CORNER OF SAID TRACT NO. 81-47, SAID POINT BEING ON THE CENTER LINE OF GLASGOW DRIVE, AS DEDICATED TO THE PUBLIC PER MAP NO. 10565; THENCE CONTINUING SOUTH 69 DEGREES 28'42" WEST, 30.02 FEET TO THE WESTERLY LINE OF GLASGOW DRIVE, THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 69 DEGREES 28'42" WEST, 623.26 FEET TO A POINT ON THE EASTERLY LINE OF AN EASEMENT FOR PUBLIC ROADWAY PURPOSES PER DOCUMENT RECORDED JULY 24, 1985 AS FILE NO. 85- 263533 OF OFFICIAL RECORDS, SAID POINT BEING ON A CURVE, CONCAVE WESTERLY AND HAVING A RADIUS OF 1,042.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 85 DEGREES 33'46" EAST, THENCE NORTHWESTERLY ALONG SAID EASTERLY LINE OF TAMARACK AVENUE ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 23 DEGREES 03'26", 419.33 FEET; THENCE NORTH 18 DEGREES 37'12" WEST, 197.62 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 25.00 FEET; THENCE NORTHWESTERLY, NORTHERLY AND NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 90 DEGREES 00'00", 39.27 FEET; THENCE ALONG THE SOUTHERLY LINE OF AN EASEMENT FOR PUBLIC ROADWAY PURPOSES PER DOCUMENT RECORDED FEBRUARY 26, 1986 AS FILE NO. 86-075424 OF OFFICIAL RECORDS NORTH 71 DEGREES 22'48" EAST, 384.68 FEET; THENCE LEAVING SAID SOUTHERLY LINE SOUTH 18 DEGREES 37'12" EAST, 150.00 FEET; THENCE NORTH 71 DEGREES 22'48" EAST, 130.00 FEET TO THE WESTERLY LINE OF SAID EASEMENT FOR PUBLIC ROADWAY PURPOSES PER DOCUMENT RECORDED FEBRUARY 26, 1986 AS FILE NO. 86-075424 OF OFFICIAL RECORDS; THENCE ALONG SAID WESTERLY LINE, SOUTH 18 DEGREES 37'12" EAST, 460.04 FEET TO THE TRUE POINT OF BEGINNING. ALSO EXCEPTING THAT PORTION OF LOT "J" DESCRIBED AS FOLLOWS: BEGINNING AT AN ANGLE POINT IN THE BOUNDARY OF RECORD OF SURVEY MAP NO. 9336, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, BEING THE NORTHERLY TERMINUS OF THAT CERTAIN COURSE SHOWN AS NORTH 29 DEGREES 40'59" EAST, 420.00 FEET AND REPRESENTING THE CENTER LINE OF PROPOSED COLLEGE BOULEVARD AS SHOWN ON SHEET 2 OF 3 OF SAID RECORD OF SURVEY MAP NO. 9335; THENCE SOUTH 29 DEGREES 40'59" WEST, ALONG THE BOUNDARY OF SAID RECORD OF SURVEY NO. 9336 AND ITS SOUTHWESTERLY PROLONGATION, A DISTANCE OF 586.52 FEET TO THE BEGINNING OF A TANGENT 1,000.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 13 DEGREES 32'52", A DISTANCE OF 236.45 FEET; THENCE LEAVING SAID CURVE NORTH 73 DEGREES 51'53" WEST, ALONG THE PROLONGATION OF A RADIAL LINE TO SAID CURVE, A DISTANCE OF 155.70 FEET TO THE BEGINNING OF A TANGENT 1,000.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 34 DEGREES 59'19", A DISTANCE OF 606.59 FEET; THENCE C IUsers\Tnsh\AppDatallocallM,crosoft\Windows\Temporary Internet F,les\Content Outlook\8F29P5A9\Grant Deed City Real Property from Pres1d1on Cornerstone (002).doc REV 01 /25/13 Page 5 of 5 Exhibit "A" LEGAL DESCRIPTION SOUTH 71 DEGREES 22'48" WEST, 825.88 FEIT; THENCE AT RIGHT ANGLES NORTH 18 DEGREES 37'12" WEST, A DISTANCE OF 688.69 FEIT TO THE BEGINNING OF A TANGENT 300.00 FOOT RADIUS CURVE, CONCAVE WESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 15 DEGREES 04'39", A DISTANCE OF 78.95 FEIT; THENCE LEAVING SAID CURVE ALONG A NON-TANGENT LINE NORTH 79 DEGREES 14'50" EAST, 611.50 FEIT; THENCE SOUTH 87 DEGREES 15'10" EAST, 77.00 FEIT; THENCE NORTH 04 DEGREES 01'32" EAST, A DISTANCE OF 507.85 FEIT TO THE BOUNDARY OF SAID RECORD OF SURVEY MAP NO. 9336; THENCE SOUTH 80 DEGREES 35'00" EAST, ALONG SAID BOUNDARY, A DISTANCE OF 1,147.85 FEIT AND SOUTH 59 DEGREES 02'50" EAST, 373.81 FEIT TO THE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM THAT PORTION LYING WITHIN ALL OF PARCEL MAP NO. 16233, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 21, 1990 AS FILE NO. 90-518471 OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM ALL OF CARLSBAD TRACT NO. 83-32, CALAVERA HILLS VILLAGE Q, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12950, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 16, 1992. ALSO EXCEPTING THEREFROM ALL OF CARLSBAD TRACT NO. 00-02, CALAVERA HILLS PHASE II, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14541, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 12, 2003. ALSO EXCEPTING THEREFROM ALL OF CARLSBAD TRACT NO. 83-19, CALAVERA HILLS VILLAGE T, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12951, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 4, 1992. APN: 167-101-19-00 C \Users\Tnsh\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content Outlook\8F29P5A91Grant Deed City Real Property from Pres1d1on Cornerstone (002) doc REV 01/25/13 e,RA~ CERTIFICATION FOR ACCEPTANCE OF"DEED 8f EAS!MEN'f This is to certify that the interest in real property conveyed by the Grant Deed, dated July 23, 2018, from Presidio Cornerstone QC, LLC, a Delaware limited liability company, to the City of Carlsbad, a Municipal Corporation, is hereby accepted by the City Council of the City of Carlsbad, California, a Municipal Corporation, pursuant to Ordinance No. NS-422 , adopted on September 16, 1997, and the grantee consents to the recordation thereof by its duly authorized officer. DATED: January 10, 2019 ~i/Y(hA.Q. K111c..~ Tamara R. McMinn Deputy City Clerk {SEAL) ACKNOWLEDGMENT 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. State of California County of San Diego on January 10, 2019 before me, Sheila R. Cobian, Notary Public (insert name and title of the officer) personally appeared Tamara R. McMinn , who proved to me on the basis of satisfactory evidence to be the persorM" whose name(a(@;afe subscribed to the within instrument and acknowledged to me that ~/tRQ.y executed the same in ~tllliif.authorized capacity~). and that by~t~signatur~ on the instrument the person.'81, or the entity upon behalf of which the person( s) acted, executed the instrument. I certify under PENAL TY 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~~, C~ 1············1 SHEILA R. COBIAN :@ Notary Public -California : i · San Diego County S: z Commission# 2204481 - My Comm. Expires Jul 10, 2021 (Seal) RECORDING REQUESTED BY City of Carlsbad AND WHEN RECORDED, PLEASE MAIL TO: Calavera Hills Recreation Vehicle Park c/o Associate Prescott 5950 La Place Court, Suite 200 Carlsbad, CA 92008 MAIL TAX STATEMENTS TO : Calavera Hills Recreational Vehicle Park The undersigned grantor(s) declare(s): Documentary transfer tax is $ __ ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ) Unincorporated area: (x) City of Carlsbad, and ATTACHMENT B SPACE ABOVE THIS LINE FOR RECORDER'S USE Assessor's Parcel No. _16_7_-_1_0_1-_1_9_(~p_o_rt_io_n~) ___ _ Project ID: _C_T_1_1_-0_4 _______ _ Related Project ID: -------------Re I ate d Project ID: -------------Project Name: _Q_u_a_rry.,__C_r_ee_k_-_V_ill_a_,.._ge_H ___ _ RV Storage Property Signature of Declarant or Agent Determining Tax Firm Name GRANT DEED FOR VALUABLE CONSIDERATION, receipt of which is acknowledged, the City of Carlsbad, a California Municipal Corporation grant to Calavera Hills Recreation Vehicle Park, a California mutual benefit corporation, all that real property situated in the City of Carlsbad, San Diego County, California, described as follows: See attached Exhibit "A" Grantor(s): City of Carlsbad, a California Municipal Corporation by: ------------------ Print name: Matt Hall title: Mayor APPROVED AS TO FORM: ATTEST: CELIA BREWER, CITY ATTORNEY By: -------------------By: -------------------(sign here) RON KEMP Assistant City Attorney Its: -------------------(print name & title) (Notarial acknowledgement of execution of PROPERTY 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.) (If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to execute this instrument.) Q:ICED\LandDev\PROJECTS\CT\CT 11\CT 11-04 Quarry Creek -Levy\Deeds-Easement\Grant Deed RV Storage Lot.doc REV 01/25/13 January 8, 2019 Item #6 18 of 45 EXHIBIT 'A' RECREATIONAL VEHICLE STORAGE PROPERTY LEGAL DESCRIPTION: A PORTION OF LOT "J" OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARTITION MAP NO. 823 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHWESTERLY BOUNDARY OF LAND SHOWN ON RECORD OF SURVEY NO. 9336 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON MAY 12, 1983, SAID POINT BEING THE SOUTHERLY TERMINUS OF THAT LINE SHOWN ON SAID RECORD OF SURVEY AS NORTH o0 36' 38" EAST, 660.00 FEET; THENCE ALONG SAID BOUNDARY NORTH 0° 36 38" EAST, 296.94 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID BOUNDARY, NORTH o0 36' 38" EAST, 106.10 FEET; THENCE LEAVING SAID BOUNDARY, NORTH 17° 02' 04" EAST, 85.12 FEET TO THE BEGINNING OF A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 485.00 FEET; THENCE NORTHERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 5° 05' 39", 43.12 FEET; THENCE NORTH 11° 56' 25" EAST, 100.00 FEET; THENCE NORTH 1° 08' 50" EAST, 40 FEET; THENCE NORTH 50° 36' 00" WEST, 30 FEET; THENCE SOUTH 89° 10' 10" WEST, 190 FEET; THENCE NORTH 82° 39 50" WEST, 97.00 FEET; THENCE NORTH 8° 47' 00" EAST, 125.00 FEET; THENCE NORTH 5° 11' 42" WEST, 137.00 FEET; THENCE NORTH 85° 22' 03" EAST, 148.00 FEET; THENCE SOUTH 24° 25' 10"EAST, 230.00 FEET; THENCE NORTH 59° 09' 50"EAST, 440-FEET; THENCE SOUTH 49° 00' 00"EAST, 65.00 FEET; THENCE SOUTH 35° 43' 27"WEST, 345.00 FEET; THENCE SOUTH 71° 53' 22"WEST, 145 FEET; THENCE SOUTH 11° 56' 25"WEST, 95.00 FEET; TO THE BEGINNING OF A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 515.00 FEET; THENCE SOUTHERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 5o 05' 39", 45.79 FEET; THENCE SOUTH 17° 02' 04"WEST, 186.90 FEET TO THE TRUE POINT OF BEGINNING. Q:ICED\LandDev\PROJECTS\CT\CT 11\CT 11-04 Quarry Creek -Levy\Deeds-Easement\Grant Deed RV Storage Lot.doc REV 01/25/13 January 8, 2019 Item #6 19 of 45 EXHIBIT 2. SETTLEMENT, RELEASE, AND WAIVER AGREEMENT This Settlement, Release and Waiver Agreement ("Agreement") is entered into on November 25, 2013, by and among Preserve Calavera ("Petitioner") and Quarry Creek Investors, LLC ("Quarry Creek Investors") and the City of Carlsbad ("City"). Petitioner, Quarry Creek Investors and the City are sometimes referred to collectively hereinafter as the "Parties." 1. INTRODUCTION On May 9, 2013, Petitioner filed a Verified Petition for Writ of Mandate pursuant to the California Environmental Quality Act in San Diego Superior Court as Case No. 37- 2013-0004791 l-CU-WM-NC ("CEQA Lawsuit"). The CEQA Lawsuit challenges the Carlsbad City Council's decision on April 2, 2013 , to certify a Final Environmental Impact Report ("FEIR") and to approve a General Plan amendment, Zone Change, Master Plan and related entitlements ("Project Approvals") for a mixed-use development project known as "Quarry Creek" ("Project"). A complete description of the Project is set forth in Section 3.0 of the Project Description of the FEIR. The FEIR states that it is intended to cover all approvals, actions and determinations to implement the Project. On May 29, 2013 , Petitioner filed a Verified Complaint for Declaratory and Injunctive Relief pursuant to the Brown Act in San Diego Superior Court as Case No. 37- 2013-00050683-CU-MC-NC ("Brown Act Lawsuit"). The Brown Act Lawsuit alleges the Carlsbad City Council discussed the Project in closed session in violation of the Brown Act before approving the Project on April 2, 2013. The Brown Act Lawsuit and the CEQA Lawsuit will be referred to herein collectively as the "Pending Lawsuits." Following a mandatory settlement conference pursuant to CEQA and after negotiations in good faith , the Parties desire to resolve their differences through settlement rather than through trial, including resolving all claims and liabilities in connection with the issues asserted in the Pending Lawsuits or which could have been raised in the Pending Lawsuits. Moreover, the Parties intend that this settlement will resolve all disputes over the implementation, construction and maintenance of the Project. The Parties enter into this Agreement to fully settle and discharge all disputed civil claims and actions upon the terms and conditions set forth herein. 2. NO ADMISSION OF LIABILITY It is expressly understood, acknowledged, and agreed to by the Parties, that by reason of entering into this Agreement, the Parties do not admit, expressly or impliedly, any fact or liability of any type or nature, whether or not referred to herein, or the sufficiency of any claims made or that could have been raised by any party, allegations, 1 January 8, 2019 Item #6 21 of 45 assertions, or the positions of any party. Further, the Parties have not made any such admission and this Agreement is entered into solely by way of compromise and settlement. 3. QUARRY CREEK INVESTORS' OBLIGATIONS In consideration of the obligations undertaken and the promises made herein by Petitioner and the City, Quarry Creek Investors hereby covenants and agrees as follows: a. Quarry Creek Investors will process a substantial confonnance Tentative Map and Minor Master Plan Amendment on Quarry Creek through the City showing the following: 1. Revised grading and road modifications to the "panhandle" parcel of the Project, as shown on Exhibit "A". 11. A reduction in the Project's maximum unit count from 656 to 636. m. A two story height limit for the first row of homes on the northernmost portion of the panhandle parcel of the Project. 1v. Use of earth tone colors for elevations and roof tiles for the first row of homes on the northernmost portion of the panhandle parcel of the Project. v. Subject to the approval of the City and the City's Fire Department, enhanced landscaping shall be planted on the north facing slope of the panhandle parcel of the Project in order to provide additional screening of residential structures. b. Quarry Creek Investors will use its best efforts to acquire in fee the Village H property ("Village H"), composed of approximately 60.89 acres, Assessor Parcel Number ("APN") 167-101-19. c. Quarry Creek Investors shall not be required to allow public access on existing trails through Village H during the time that it owns Village H. d. Quarry Creek Investors shall retain the right to improve existing drainages within Village H as mitigation in connection with obtaining permits or other approvals for the Project from the United States Army Corps of Engineers ("USACE"), the United States Fish and Wildlife Service ("USFWS"), California Department of Fish and Wildlife ("CDFW"), and San Diego Regional Water Quality Control Board ("SDRWQCB") (jointly, the 2 January 8, 2019 Item #6 22 of 45 "Resource Agencies"). Such improvements shall be subject to reasonable review and approval by the City. e. Quarry Creek Investors shall transfer its fee interest in Village H to the City upon the completion of the following events: (1) approval by the City of the Site Development Plans or Tentative Maps for the five lots created by Tentative Map No. CT 11-04; (2) USACE approval of a Section 404 permit for the Project; (3) execution of a Section 1603 Agreement with the CDFW for the Project; and ( 4) issuance of a Section 401 Certification by the SDR WQCB for the Project. The City agrees that this transfer of Village H shall be in an "as is" condition. Quarry Creek Investors shall be responsible for releasing any loans or liens it may have placed on the property, preparing any plats and legal description, and paying any fees associated with the transfer of Village H to the City. f. Within 45 days of the acquisition in fee of Village H, Quarry Creek Investors shall record an open space easement or restrictive covenant on Village H ( excluding the CF Site) for the benefit of Preserve Calavera, or other mutually agreed upon third party. Notwithstanding the recordation of an open space easement or restrictive covenant on Village H, Quarry Creek Investors will retain the developments rights to the CF Site until the transfer of Village H to the City occurs. g. Quarry Creek Investors shall record a restrictive covenant or open space easement on the CF Site for the benefit of Preserve Calavera, or other mutually agreed upon third party, prior to transferring the CF Site to the City, provided such transfer occurs consistent with the terms of this Settlement Agreement. h. The form of the Village H transfer documents and open space easements and/or restrictive covenants referenced in Paragraphs 3.e through 3.g, above, shall be subject to the reasonable review and approval by the City. 1. If the conditions precedent for the transfer of Village H to the City as set forth in Paragraph 3 .e do not occur, or if any lawsuit is filed challenging any necessary approval required to implement the Project, Quarry Creek Investors may request a change in the CF designation on Village H, as allowed in the City's Municipal Code, and develop the CF site consistent with that change in designation. Preserve Calavera agrees not to oppose the change in designation or development of the CF Site provided, however, that Quarry Creek Investors agrees to grant Preserve Calavera an option to purchase Village H prior to such development ("Village H Option"). The 3 January 8, 2019 Item #6 23 of 45 Village H Option shall be triggered by a written notice to Preserve Calavera from Quarry Creek Investors, as specified in Paragraph 9. 1. The Village H Option shall be for twelve (12) months from the date of receipt of written notice from Quarry Creek Investors. 11. The purchase price shall be the same amount that Quarry Creek Investors pays for Village H. 111. Within fifteen ( 15) days of receipt of the written notice, Petitioner shall make a $50,000.00 deposit ("Option Deposit") on the Village H Option to vest the option. If Petitioner fails to make the Option Deposit, the option shall expire. The Option Deposit shall become non-refundable sixty (60) days after it is made. In the event that Petitioner exercises the option within the Term, however, the Option Deposit will be credited towards the purchase price. J. In the event that Quarry Creek Investors is unable to acquire Village Hafter using its best efforts to do so, and only after Quarry Creek Investors obtains the approvals described in Paragraphs 3.a and 3.e, Quarry Creek Investors shall deposit $964,000.00 ("Settlement Funds") into an account that shall be used to benefit the preservation and management of natural lands in coastal San Diego North County, with a first priority on preserving and managing natural lands in the City, subject to the mutual agreement of Quarry Creek Investors and Preserve Calavera. Preserve Calavera agrees to cooperate in good faith with the City to identify natural lands located in the City that can be preserved or managed through the use of the Settlement Funds consistent with the terms of the Settlement Agreement. The parties shall agree on a third party that will act as the trustee for the account and make decisions concerning the distribution of funds consistent with the approved uses of the Settlement Funds outlined below. Focus shall be on existing natural lands, the watershed of the Carlsbad Hydrologic Unit, and regional habitat and wildlife movement corridors as identified in the Multiple Habitat Conservation Plan ("MHCP") and Carlsbad Habitat Management Plan. Any interest earned on the deposited Settlement Funds shall be used to pay the trustee; any remaining interest shall be reimbursed to Quarry Creek Investors after $964,000.00 in Settlement Funds have been distributed by the trustee of the account for the approved uses. Any use of the Settlement Funds other than those described as preapproved uses, below, shall require the mutual written consent of Quarry Creek Investors and Preserve Calavera. Preapproved uses of the Settlement Funds shall include the following: 4 January 8, 2019 Item #6 24 of 45 I. 11. 111. lV. V. VI. Open space land acquisition -Research into potential acquisitions, appraisal and other fees, preparation of conservation easement and purchase agreements, purchase of land, and endowment funds for land management. Acquisitions shall only be from willing sellers and Petitioner agrees not to use the existence of the Settlement Funds as a basis to oppose proposed projects or other City initiatives. Management of preserved lands within the City or lands acquired by use of the Settlement Funds -Preparation of land management plans, improved invasive species control such as invasive plant removal and cowbird trapping, trash removal and clean-up, site restoration, funding scientific studies on related issues such as targeted species enhancement, and improved site enforcement, such as ranger patrols. Mitigating Greenhouse Gas Emissions -Providing incentive programs in support of expanded public transit services or increased ridership in the City as a first priority and also in the Cities of Oceanside and Vista. Physical improvements to support alternative transportation, such as pedestrian connections and bike racks, or reduced use of fossil fuels, such as electric vehicle charging stations and solar installations in the City. Education/outreach programs about reducing vehicle miles travelled ("VMT") and use of fossil fuels in the City. Educational Programs in the City -Supporting educational programs that interpret the historic, cultural and natural resources of the Buena Vista Creek Valley. This could include providing visitor amenities, interpretive exhibits, supporting lectures or guided walks. Public trails in the City -Preparation of trail plans, construction of trail segments, interpretive signage/exhibits, erosion control and trail maintenance projects, designing/constructing trail amenities such as fencing, benches and kiosks in coordination with the City. Wildlife movement corridors in the Citv -Support City's project to study barriers to wildlife movement and implement recommendations. Conduct further studies to better understand regional wildlife connectivity, such as a bobcat collaring project. Fund improved data collection and monitoring, such as transects by the San Diego Tracking Team or roadkill monitoring. v11. Public education and outreach in the City -Designing and distributing public information materials or holding community 5 January 8, 2019 Item #6 25 of 45 meetings/workshops on issues related to minimizing impacts on natural resources. This could include things like converting landscaping to native plants, wildlife appreciation, being a responsible dog owner, starting a community garden, greywater reuse, or bicycle safety. k. In the event that Quarry Creek Investors does not acquire Village H, Quarry Creek Investors agrees to pay Petitioner $10,000.00 to cover administrative costs associated with implementing this Agreement, concurrent with the deposit of the Settlement Funds, in the form of a check made payable to Preserve Calavera. 1. Subject to City regulations (i.e., Fire Department/Fuel modification zone requirements) and technical limitations (water quality treatment capabilities), Quarry Creek Investors will utilize, to the greatest extent feasible, California native plants on the exterior slope banks, within the detention basins and on the large interior slopes on Planning Areas R-1 and R-2. m. Quarry Creek Investors will grade the P-5 trailhead site, but delay implementation of both planned trailheads at Planning Area P-5 and the current eastern terminus of Marron Road until the earlier of such time as: (1 ) a City or other agency trail system is in place served by those trailheads, or (2) the issuance of the 500th residential building permit for the Project. Quarry Creek Investors will post a bond or other security acceptable to the City prior to the recordation of the first final map for the Project to secure completion of the P-5 trailhead. Quarry Creek Investors agrees to redesign the parking spaces at the P-5 trailhead consistent with the attached Exhibit "B" and shall implement such redesign upon the City's approval. No night lighting or night use of the trailhead facilities will be permitted. n. To the extent feasible, Quarry Creek Investors will coordinate the design of any of the planned trailhead facilities at P-5 and at the eastern terminus of Marron Road with design elements contemplated for the Buena Vista Creek Ecological Reserve. o. Quarry Creek Investors will design fencing adjacent to open space areas to facilitate wildlife movement, and agrees to propose to the City and the relevant Resource Agencies a "post-and-rail" fence design. The Parties acknowledge that the decision on the type of fencing selected in these areas is subject to the approval of both the City and one or more Resource Agencies. 6 January 8, 2019 Item #6 26 of 45 p. Quarry Creek Investors will add solar panels to the roof of the central recreation facility to the extent it is structurally feasible to do so, and two electric car plug in stations at a location within the Project. q. Quarry Creek Investors will cooperate with Preserve Calavera to inform future residents of the Project of the existence of any program funded by Preserve Calavera to make bus subsidies and/or passes available to the residents of the Project. r. Quarry Creek Investors will not oppose the deletion of Cannon Road from the City's Circulation Element, provided it is demonstrated that such deletion does not result in a Level of Service ("LOS") E or LOS F at the intersection of Carlsbad Village Drive and College Boulevard. s. Within three (3) business days after the Pending Lawsuits are dismissed with prejudice, Quarry Creek Investors will pay the total sum of $95 ,318.53, for attorneys' fees and costs incurred by Petitioner in the Pending Lawsuits. Petitioner accepts this sum as a full , final and complete settlement of its claim for attorneys' fees and costs against Quarry Creek Investors and the City in the Pending Lawsuits. The payment by Quarry Creek Investors shall be in the form of a check made payable to the law firm DeLano & DeLano. 4. THE CITY'S OBLIGATIONS In consideration of the obligations undertaken and the promises made herein by Petitioner and Quarry Creek Investors, the City hereby covenants and agrees as follows: a. The City agrees to accept the transfer of Village H in fee from Quarry Creek Investors, or Petitioner, in "as is" condition when offered. b. Upon the transfer of Village H to the City, the City shall assume responsibility for ownership of Village H and shall promptly allow public access to the historic public use trail through Village H. c. Concurrent with the transfer of Village H to the City, or as soon as practicable following the transfer, the City shall transfer the Calavera Homeowners' Association ("HOA") recreational vehicle storage area within Village H, in fee, to the Calavera HOA. Quarry Creek Investors shall prepare the plats and legal description necessary for the transfer of Village H and the Calavera HOA recreational vehicle storage area. In the event that the Calavera HOA refuses to accept the transfer of the Calavera HOA recreational vehicle storage area from the City, Quarry Creek 7 January 8, 2019 Item #6 27 of 45 Investors or a Quarry Creek Investors-related entity agrees to accept such transfer. d. The City will support the efforts of the property owners to complete the connecting trail system, as described above in Paragraph 3 .m, prior to the issuance of the 500th residential building permit for the Project. e. The City shall post signage at the trailhead of the historic public use trail through Village H at the time it is opened to the public, indicating that the opening of the trail is the result of a cooperative effort between the City, Quarry Creek Investors, and Preserve Calavera. f. The City's Master Trails Plan Update presented to the City Council for consideration shall include the Haymar-Marron loop trail and connection to Hidden Canyon Park, and the City will use its best efforts to implement the Plan. g. City staff agree that the changes to the Tentative Map identified in Section 3 .a, above, and the redesign identified in Section 3 .m, above, shall be approved through a substantial conformance process. City staff further agree that the amendment to the Master Plan identified in Section 3 .a, above, shall be approved through a minor amendment process. 5. PETITIONER'S OBLIGATIONS In consideration of the obligations undertaken and the promises made herein by Quarry Creek Investors and the City, Petitioner hereby covenants and agrees as follows: a. Petitioner shall cause its attorneys to execute a Request for Dismissal with Prejudice for both of the Pending Lawsuits. Petitioner shall file the Requests for Dismissal in the San Diego Superior Court on or before November 27, 2013. b. Petitioner shall take no action whether in judicial, administrative or legislative proceedings, to oppose any governmental approval, pennit or other entitlement, or modification or amendment thereof, which is or may be required for implementation of the Project, including but not limited to: 1. Resource Agency permitting; 11. amendment or implementation or the Falls Management Plan; 111. processing and implementation of site development plans and tentative maps/parcel maps; 8 January 8, 2019 Item #6 28 of 45 1v. minor amendments to the Quarry Creek Master Plan; v. major amendments to the Quarry Creek Master Plan that do not increase the residential density beyond 636 units or revise the development footprint within the panhandle parcel as shown on "Exhibit A" so long as such amendments otherwise comply with the terms of the Settlement Agreement; v1. issuance of building pennits; v11. creation or implementation of preserve management plans; and vm. implementation of any Native American cultural facility on the Oceanside parcel that does not alter the natural features of the El Saito Falls or the Buena Vista Creek. c. Petitioner shall provide no assistance whatsoever, directly or indirectly, whether financial, legal or otherwise, to any person, organization or other entity to oppose any governmental approval, permit or other entitlement, or modification or amendment thereat~ which is or may be required for implementation of the Project. d. The prohibitions in this Section 5 shall not apply to any future actions not directly related to the Project as modified by this Agreement, or the physical implementation of the Project if it does not substantially conform to the provisions of this Agreement. This section is not intended to limit or abridge the free speech rights of individuals or entities which Preserve ·Calavera has no legal authority to bind. e. In the event Quarry Creek Investors grants, and Petitioner exercises, an option to purchase Village H from Quarry Creek Investors, Petitioner shall transfer Village H to the City consistent with the terms of the transfer between Quarry Creek Investors and the City, as set forth in Paragraphs 3 .e through 3.h, above. f. Petitioner agrees not to waive any conflict that would allow DeLano & DeLano to represent anyone, or lend any support to anyone, in any judicial, administrative or legislative proceeding, to oppose any governmental approval, permit or other entitlement, or modification of amendment thereof, which is or may be required for implementation of the Project, including but not limited to those approvals described in Paragraph 5.b, above, or the development of the CF Site on Village H. 9 January 8, 2019 Item #6 29 of 45 6. RELEASE OF ALL CLAIMS In consideration of the obligations undertaken above, the Parties, on behalf of their officers, directors, members and all other persons acting by or on their behalf, do hereby fully and forever completely release, acquit, and discharge Petitioner, Quarry Creek Investors, and the City, and each of them, together with any and all past and present employees, agents (whether ostensible or actual), elected and appointed officials, officers, departments, or representatives ( collectively "Releasees") from any and all civil claims, demands, costs, attorneys' fees, rights or causes of action seeking either damages or equitable relief, whether known or unknown, present or future, which Petitioner, Quarry Creek Investors, or the City may have against the Releasees, or any of them, that arise from the facts or circumstances alleged in the Pending Lawsuits or in any way connected with the subject matter of the Pending Lawsuits. Subject to the provisions of Section 5 above, the Parties intend that this Agreement shall operate to release any claim Petitioner has now or may have in the future with respect to the approval and implementation of the Project or any action in furtherance of the Project consistent with this Agreement. Petitioner shall not initiate, pursue or support any future civil claim that would operate to interfere with the Project. The Parties acknowledge that many of the modifications to the Project set forth in this Agreement involve the exercise of discretion on the part of City officials. Any act of discretion will be exercised in good faith by the City and shall not be set aside absent abuse of discretion within the meaning of Code of Civil Procedure 1085 in ordinary mandamus actions. In the event a dispute arises between the Parties with regard to the matters described in this Agreement, the Parties shall meet and confer for a period of thirty calendar days to resolve the dispute. In the event the dispute is not resolved during this process, any party may file a civil action seeking appropriate equitable relief to specifically enforce the terms of this Agreement. Notwithstanding the foregoing, the release in this Section 6 shall not apply to the rights and obligations of Quarry Creek Investors and/or its successors in interest pursuant to the FEIR certified by the City and the Project Approvals approved by the City for the Project. 7. WAIVER OF SECTION 1542 As to the matters released by this Agreement, the Parties expressly waive all rights under Section 1542 of the California Civil Code and of any comparable principle of law, whether by statute or decision. 10 January 8, 2019 Item #6 30 of 45 Section 1542 provides as follows: "A GENERAL RELEASE DOES NOT EXTEND TO THE CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF THE EXECUTION OF THE RELEASE, WHICH IF KNOWN BY HIM MUST HA VE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." This Release expressly includes a discharge of all unknown and unsuspected claims. The Parties understand and acknowledge the consequences of such a specific waiver. 8. NO PRIOR ASSIGNMENT OR TRANSFER The Parties represent and warrant that there has been no assignment or other transfer of any claims or causes of action which they are releasing pursuant to the terms of this Agreement. 9. NOTICE All letters, statements, or notices required pursuant to this Agreement shall be sent to the following addressees. Any letter, statement or notice sent shall be deemed served at the time of delivery when personally served, transmitted by facsimile machine or electronic mail, or by overnight parcel service. Any letter, statement, or notice sent by registered or certified mail shall be deemed served on the business day following deposit thereof in the U.S. Mail. To: City of Carlsbad With a copy to: City Attorney's Office City Hall 1200 Carlsbad Village Drive Carlsbad, CA 92008 Telephone No. (760) 434-2891 Facsimile No. (760) 434-8367 attomey(a),carls bad ca. gov Michael Hogan Hogan Guiney 225 Broadway, Ste. 1900 San Diego, CA 92101 Telephone No. (619) 687-0282 Facsimile No. (619) 234-6466 mhogan@hgdlaw.com 11 January 8, 2019 Item #6 31 of 45 To: Preserve Calavera With a copy to: To: Quarry Creek Investors With a copy to: Preserve Calavera 5020 Nighthawk Way Oceanside, CA 92056 Telephone No. (760) 724-3887 Facsimile No. (760) 724-3887 info(a),preservecalavera.org Everett DeLano DeLano & DeLano 220 W. Grand A venue Escondido, CA 92025 Telephone No. (760) 510-1562 Facsimile No. (760) 510-1565 everett@delanoanddelano.com Quarry Creek Investors Attn: Brian Milich P.O. 85104 San Diego, CA 92186-5104 Telephone No. (619) 794-1208 Facsimile No. (619) 336-3596 brnilich@mcmillin.com Allen Haynie Haynie Law Group Excel Centre 17140 Bernardo Center Drive, Ste. 354 San Diego, CA 92128 Telephone No. (858) 485-7700 Facsimile No. (858) 485-7707 ahaynie@haynlaw.com 10. MISCELLANEOUS PROVISIONS a. Entire Agreement: This Agreement constitutes the full and entire Agreement between the Parties hereto, and such Parties acknowledge that there is no other agreement, oral and/or written, between the Parties hereto. 12 January 8, 2019 Item #6 32 of 45 b. Authority to Enter Agreement: This Agreement is the result of anns-length negotiations. Each Party to this Agreement represents and warrants to the others that the persons executing this Agreement on behalf of such Party are duly and fully authorized to do so, and that each such Party is acting pursuant to the power and authority granted by their respective principals, and that no further approvals are required to be obtained from any persons or entities. c. Final Agreement: The Parties to this Agreement, and each of them, acknowledge that: (I) this Agreement and its reduction to final form is the result of extensive good faith negotiations between the Parties through their respective counsel; (2) said counsel has carefully reviewed and examined this Agreement for execution by said Parties, or any of them; and (3) any statute or rule of construction that ambiguities are to be resolved against the drafting Party should not be employed in the interpretation of this Agreement. d. Binding Agreement: This Agreement is and shall be binding upon and shall inure to the benefit of the predecessors, affiliates, subsidiaries, successors, assigns , parties, agents, officers, employees, members, shareholders, associates, legal representatives, heirs, executives and/or administrators of each of the Parties hereto. e. Attorneys ' Fees, Costs, and Future Action: Except as provided in Sections 3 .s and 6 above, the Parties shall each bear their own costs and attorneys' fees incurred in connection with the Pending Lawsuits and this Agreement. However, if any Party brings an action to enforce any provision of this Agreement, the successful Party shall be entitled to its reasonable attorneys' fees and costs. f. Interpretative Law: This Agreement is made and entered into in the State of California and shall in all respects be interpreted, enforced and governed by and under the laws of the State of California. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable for whatever reason, the remaining provisions not so declared shall nonetheless continue in full force and effect without being impaired in any manner whatsoever. 13 January 8, 2019 Item #6 33 of 45 g. Modifications: This Agreement may be amended or modified only by a writing signed by all Parties to this Agreement. Modifications affecting the rights or obligations of the City shall first be approved by the City Council. h. Paragraph Headings: Paragraph headings are for reference only and shall not affect the interpretation of any paragraph hereto. 1. No Inducement: Each of the Parties to this Agreement acknowledges for itself that it has read this Agreement and fully understands its contents and consequences and has voluntarily executed it. Each of the Parties also warrants that no promise or inducement has been made or offered by any of the Parties, except as set forth herein, and that this Agreement is not executed in reliance upon any statement of representation of any of the Parties or their representatives, concerning the nature and extent of the injuries, damages or legal liability thereof. The Parties further represent that they have been represented by legal counsel during the course of the negotiations leading to the signing of this Agreement, and that they have been advised by legal counsel with respect to the meaning of this Agreement and its legal affect. J. Counterparts This Agreement may be executed in counterparts with the same effect as if all original signatures were placed on one document and all of which together shall constitute one and the same Agreement. Originals may be transmitted by facsimile, personal delivery, electronic mail, overnight parcel, or U.S. mail. k. Additional Documents: All Parties agree to cooperate fully to take any and all steps, perform any acts, and execute any documents consistent with the terms and conditions of this Agreement, which may be needed or required to effectuate the terms, intent, conditions, covenants, and provisions hereof. 1. Venue: Venue for enforcement of this agreement shall be in the Superior Court of the State of California, County of San Diego, North County Division. 14 January 8, 2019 Item #6 34 of 45 m. Press Releases: Quarry Creek Investors, Preserve Calavera, and the City agree to cooperate at the appropriate time in all matters related to any press release( s) associated with the Settlement Agreement and the purchase and transfer of Village H to the City. WE HEREBY CERTIFY THAT WE HAVE READ ALL OF THIS SETTLEMENT, RELEASE, AND WAIVER AGREEMENT AND FULLY UNDERSTAND THE SAME, AND IN WITNESS WHEREOF WE HA VE EXECUTED THIS AGREEMENT IN CALIFORNIA, SIGNED, SEALED AND DELIVERED. [SIGNATURE BLOCKS FOLLOW] 15 January 8, 2019 Item #6 35 of 45 Exhibit List Exhibit A-Quarry Creek Buffer Creation Exhibit (showing revised grading and road modifications to "panhandle" parcel) Exhibit B -Quarry Creek Substantial Conformance Exhibit (showing parking lot redesign) 19 January 8, 2019 Item #6 40 of 45 EXHIBIT A January 8, 2019 Item #6 41 of 45 EXHIBITB January 8, 2019 Item #6 43 of 45 Morgen Fry From: Sent: To: Subject: Council Internet Email Monday, January 7, 2019 10:01 AM Morgen Fry FW: Village H land Transfer Please distribute this agenda item to council. From: Diane Nygaard [] Sent: Monday, January 07, 2019 9:41 AM To: Council Internet Email <CityCouncil@carlsbadca.gov> AILRecetve.:.-Agoda Item #.J;;.. For the Information of the: Cl✓TY COUNCIL ACM CA ✓cc ✓ Date i:i/iJcML_COOL Cc: Kyle Lancaster <Kyle.Lancaster@carlsbadca.gov>; Jeremy Riddle <Jeremy.Riddle@carlsbadca.gov> Subject: Village H land Transfer Honorable Mayor and City Council We are thrilled that after years of work, and over five years since signing the settlement agreement over the Quarry Creek Project, that title to Village H is now being transferred to the city in order to permanently preserve it as open space. ( Item# 6 On January 8,2019). We have reviewed the staff report and find that it is completely consistent with the terms of our settlement agreement. We therefor wholeheartedly support the staff recommendations and urge you to vote Yes and thereby add this as new open space that benefits all of the residents of Carlsbad. We realize there are many perspectives on what is appropriate public use of this new open space land. Once the city holds title all parties will have opportunities for input on those details and your staff will be able to evaluate options and make recommendations after thorough review. Please take this first important step to transfer title to the City and move a little closer to achieving the goal of 40% open space. Diane Nygaard Preserve Calavera 1 Jeremy Riddle, Development Services Manager Kyle Lancaster, Parks Services Manager January 8, 2019 Calavera Hills Village H Dedication Calavera Hills Village H Calavera Hills Village H Dedication •Settlement Agreement related to Quarry Creek Development -Executed Nov. 25, 2013 -Preserve Calavera, Quarry Creek Investors, City of Carlsbad -Developer obligations to acquire Village H property -City obligations regarding three (3) property transactions Calavera Hills Village H Dedication City obligations from Settlement Agreement: a. The City agre to accept the transfer of Village H in fee from Quarry Creek Investors or Petitioner in as is condition when offered. b . pon the trans£ r of Village H to the City the City shall as rune r pon ibility for ownership of Village H and shall promptly allow public acce s to the hi toric public u e trail through Village H. c. Concurrent with the tran fer of Villag H to the City or as soon as practicable following the transfer, the City shall trans£ r the Calavera Homeowner As ociation ( HOA ) recreational vehicle storage area within Village H in fee to the Calavera HOA. Quarry Cre k Inve tor Calavera Hills Village H Dedication Items presented to satisfy these terms: •Include the dedication of Calavera Hills Village H •Deed for city to dedicate part of Calavera Hills Village H (RV storage area) to a Calavera HOA entity •Funding to improve preserve/open space to standards •Funding to improve historic use trail to standards •Est. timeline to open the historic use trail to the public Calavera Hills Village H Dedication Calavera Hills Village H: −Currently privately owned −Owner: Presidio Cornerstone QC, LLC −Part of Calavera Hills Master Plan −One Parcel -approximately 60.9 acres −Property Transaction: Village H is offered to the city Calavera Hills Village H Dedication Property Characteristics: ₋Preserve/Habitat Management Plan [HMP] Area (46 acres) ₋Open Space/Disturbed Area (12.6 acres) ₋RV Storage Area (2.3 acres) ₋Historic Trail (approximately .5 mile) Calavera Hills Village H Dedication North Area (36.1 acres) −Preserve/HMP area −Long-term endowment to maintain property to preserve standards in place −CNLM currently providing management of area Calavera Hills Village H Dedication South Area: Calavera Hills Village H Dedication South Preserve areas −Southwest (5.5 acres) and Southeast (4.4 acres) portions totaling 9.9 acres −Included in Preserve/HMP area −No Long-term endowment to maintain property to preserve standards −No current conservation manager Calavera Hills Village H Dedication Open space/disturbed area (12.6 acres) −Not preserve/HMP area; open space standards apply −Open space area (8.8 acres) −Disturbed [graded] area (3.8 acres) o Currently designated as Community Facilities (CF); to be re- designated as Open Space (OS) in General Plan update o Restrictive covenant recorded over the CF to ensure OS use o Once designated OS, will add 3.8 acres of open space to city Calavera Hills Village H Dedication RV Storage Area (2.3 acres) −Existing Use is consistent with Calavera Hills Master Plan −Managed by Calavera Hills Recreation Vehicle Park Corp. −Transaction: City to deed RV Storage property Calavera Hills Village H Dedication Historic Use Trail (.5 mile) −Trail begins at Victoria Ave., southwest of Carlsbad Village Dr. intersection −Continues southerly; currently a loop trail (no thru connection) −Future connection from south end of trail to Tamarack Ave. is identified in the city’s revised draft Trails Master Plan Calavera Hills Village H Dedication •Staff has made an assessment of the property and identified the improvement work needed •Staff is requesting one-time funding for improvements: −Preserve standards work −Open space standards work −Trail standards work Calavera Hills Village H Dedication •Preserve Work: one-time cost of $165,000 includes: −Plant/wildlife surveys −Exotic plant trimming/removal (e.g.: Eucalyptus) −Trash/debris removal −Drainage ditch clearing Calavera Hills Village H Dedication •Preserve Work: Current Conditions Calavera Hills Village H Dedication •Preserve Work: Current Conditions Calavera Hills Village H Dedication •Open Space Work: one-time cost of $50,000 includes: −Exotic plant trimming/removal (e.g.: Eucalyptus, etc.) −Trash/debris removal −Drainage ditch clearing Calavera Hills Village H Dedication •Open Space Work: Current Conditions Calavera Hills Village H Dedication •Open Space Work: Current Conditions Calavera Hills Village H Dedication •Trail Work: one-time cost of $45,000 includes: −Trail surface work −Trail delineation fencing (wooden post & rail type) −Signage, recycling/trash receptacles & dog waste bag stations Calavera Hills Village H Dedication •Trail Work: Current Conditions Calavera Hills Village H Dedication •Trail Work: Current Conditions Calavera Hills Village H Dedication •Historic Use Trail (.5 mile) −Staff estimates approximately 1-2 weeks to record the grant deed accepting Village H property −Upon possession of Village H, staff will close the south area to allow for trail/open space work to be performed −Staff will execute contracts for performance of most work Calavera Hills Village H Dedication •Historic Use Trail (.5 mile) −Trail/open space work will require 60-90 days to complete −Public access to the trail will then be allowed, satisfying the terms of the settlement agreement −Dogs are permitted on all city trails, if leashed (6’ max.) −Staff to subsequently conduct public outreach on any other potential recreational use of the trail/open space Calavera Hills Village H Dedication Summary of one-time funding requests: VILLAGE H PROPERY-REQUESTED APPROPRIATION: ONE-TIME/OCCURS UPON APPROV~L ITEM TO BE FUNDED AMOUNT Remedial work on ~45 acres of preserve to be brought up to city standards $165,000 rtemedial work on ~13 acres of open space to be brought up to city standards $501000 Remedial work on .5 miles of informal tra il to be brought up to city standards $45,000 I TOTAL (To be appropriated from the General Capital Construction Fund) I $260,000 Calavera Hills Village H Dedication To address on-going maintenance of property, as part of fiscal year 2019-2020 budget process, staff will request these on-going appropriations: VILLAGE H PROPERY-REQUESTED APPROPRIATION: ONGOING/COMMENCES FY 2019-20 ITEM TO BE FUNDED AMOUNT Management of ~9,9 acres of preserve $35,000 Maintenance of ~13 acres of open space $40,000 Maintenance of n .5 rniles ur lrc1il, iud. alrlt:!nilit:!~ and encroaching Eucalyptus $10,000 TOTAL (To be appropriated from the General Fund via budget enhancements) $85,000 Calavera Hills Village H Dedication Next Steps: −City Clerk will record grant deed to accept the Village H property (estimated 1-2 weeks) −After possession, city will deed the RV storage property −Staff will execute contracts for performance of most work −Once work is completed, public access allowed to the trail −Staff will request on-going maintenance funds in budget Recommended Action Adopt the Resolution authorizing the City Clerk to accept the grant deed dedicating the Calavera Hills Village H property (APN 167-101- 19) from Presidio Cornerstone QC, LLC to the City of Carlsbad; authorizing the Mayor to execute a grant deed dedicating a portion of Calavera Hills Village H property to the Calavera Hills Recreational Vehicle Park, a California mutual benefit corporation; and authorizing two, one-time appropriations of $215,000 and $45,000 to the Parks Maintenance Operating Budget and the Trails Maintenance Operating Budget, respectively, for a total of $260,000 in improvements to said property to meet city standards