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
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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
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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,
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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
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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
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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.)
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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.
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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