HomeMy WebLinkAboutSDP 98-09; HSL/BP/Michan LLC et al; 2000-0019984; Affordable Housing Agreement/ReleaseRECORDING REQUESTED BY:
City of Carlsbad
WHEN RECORDED MAIL TO:
JAN 3-33 2000 10-42 AM
OFFICIAL KECGRDS SAN DIEGO CWNTY RECORDER'S OFFICE
FEES: 67.00 GREGORY d. %ITHI COUNTY REEORBER
JAN 3-33 2000 10-42 AM
SAN DIEGO CWNTY RECORDER'S OFFICE OFFICIAL KECGRDS
FEES: 67.00 GREGORY d. %ITHI COUNTY REEORBER
City of Carlsbad
City Clerk's Office
Am.: City Clerk
Carlsbad, California 92008
1200 Carlsbad Village Drive
(Space abovefor Recorder's Use)
AFFORDABLE HOUSING AGREEMENT
IMPOSING RESTRICTIONS ON REAL PROPERTY
This AFFORDABLE HOUSING AGREEMENT IMPOSING RESTRICTIONS ON
REAL PROPERTY ("Agreement"), entered into this 20th day of December , 1999,
by and between the CITY OF CARLSBAD, a municipal corporation (hereinafter referred to as
the "City"), and HSLISPiMichan, L.L.C., StrataiPoinsettia, a California General Partnership, Strata
Equity Corporation, a California corporation, HSL Properties, Inc., a California corporation, Benchmark Pacific Poinsettia, L.P., a California limited partnership, Shea Homes Limited Partnership, a California limited partnership and Fieldstone Poinsettia Cove, L.L.C., a Delaware limited liability company
(hereinafter referred to as the "Developers"), is made with reference to the following:
A. Developers are the owners of certain real property in the City of Carlsbad,
in the County of San Diego, California (hereinafter referred to as the "Subject Property")
described in "Attachment A", which is attached hereto and incorporated herein by this reference.
B. Developers of Planning Areas 1,2, 3,4, 5,7 and 8 wish to construct a total
of 617 residential units (hereinafter referred to as the "Master Development") on the Subject
Property. The City has approved the Poinsettia Properties Specific Plan (the "Specific Plan") for
the Master Development. The City issued the approval subject to certain Conditions of
Approval, including a condition requiring at least fifteen percent (15%) ofthe units in the Master
Development to be affordable housing as required by the City's Inclusionary Housing Ordinance
(CMC Chapter 21.85).
C. The Master Development will consist of 8 individual Planning Areas.
Planning Area six will contain up to 61 apartment (or liveiwork) units. The inclusionary housing
obligation for Planning Area 6 will be provided entirely within Planning Area 6. The developer
of Planning Area 6 will be required to enter into a separate Affordable Housing Agreement prior
to the issuance of a building permit. In addition, the Developers shall be required to process an
amendment to this Agreement to increase the total number of housing units which can receive
final map approval up to the maximum approved by the City Council of 823 units for the
Poinsettia Properties Specific Plan.
D. Developers of Planning Areas 1,2,3,4,5,7 and 8 have indicated that they
intend to meet their inclusionary housing requirement for Planning Areas 1,2, 3, 4, 5, 7 and 8 by
constructing, or causing to be constructed, a minimum of 92 apartment units in Planning Area 5
Revised 11/30/99 1
of the Specific Plan and as further described in "Attachment C." If it is determined at a later date
that a surplus of units are provided within the subject affordable housing project within Planning
Area 5, the surplus units may be used at a later date to satisfy the affordable housing obligation
for Planning Area 6 or other Planning Areas within the Poinsettia Properties Specific Plan Area,
subject to approval by the City of Carlsbad.
E. Developers are required by the Conditions of Approval to enter into an
Affordable Housing Agreement as required and with the content specified by the City's
Inclusionary Housing Ordinance, Carlsbad Municipal Code ("CMC") Chapter 21 35). This
Agreement is an Affordable Housing Agreement pursuant to Section 21.85.150 of CMC Chapter
21 35, and shall be executed and recorded prior to the approval of any final map for the Subject
Property.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. Satisfaction of Affordable Housing Oblipation and Conditions of Auuroval. In
order to satisfy the Conditions of Approval of (SP. CT. etc.), and the requirements of the City's
Inclusionary Housing Ordinance (CMC Chapter 21.85), for Planning Areas 1,2,3,4,5,7 and 8
Developers shall cause a minimum of ninety-two (92) units of the Master Development to be
affordable to lower-income households (the "Affordable Units"), according to the schedule and
terms contained herein. These units shall satisfy the obligation for a portion of the Poinsettia
Properties Specific Plan Area. A total of 525 market rate units and 92 affordable units may be
constructed with approval of this agreement. An amendment to this agreement will be required to
receive final map approval for additional housing units within the Specific Plan Area, above the
subject 617 total housing units.
2. Number and Tvae of Affordable Units. Developers of Planning Areas 1, 2, 3,
4, 5,7 and 8 shall construct, or cause to be constructed, on the Subject Property at least ninety-
two (92) apartment units (hereinafter referred to as the "Affordable Multifamily Units").
3. Terms Governing Provision of Affordable Multifamilv Units
3.1 Location of Multifamilv Units. A minimum of ninety-two (92) of the
Affordable Multifamily Units shall be constructed in Planning Area 5 of the Specific Plan.
3.2 Size and Bedroom Count. The Affordable Multifamily Units shall include
one, two, and three bedroom units in the numbers and with the square footage indicated in
"Attachment B" to this Agreement.
3.3 Affordabilitv Reauirements. The Affordable Units shall be available to
households with incomes not exceeding 80% of the median income for San Diego County,
adjusted for actual household size. Monthly Rents of the Affordable Units shall not exceed
1/12th of 30% of 80% of median income for San Diego County, adjusted for assumed household
size appropriate for the unit. For purposes of this Agreement, "Rent" shall include a utility
allowance as established and adopted by the City of Carlsbad Housing Authority, as well as all
monthly payments made by the tenant to the lessor in connection with use and occupancy of a
housing unit and land and facilities associated therewith, including an separately charged fees,
utility charges, or service charges assessed by the lessor and payable by the tenant. Median
Revised 11130198 Page 2
income figures shall be those published annually by the United States Department of Housing
and Urban Development. Assumed household size figures shall be provided to the City of
Carlsbad Housing and Redevelopment Department. With respect to each Affordable Unit, the
affordability requirements of this Section 3.3 shall continue for fifty-five (55) years from the date
of issuance of a Certificate of Occupancy by the City for such unit or another comparable unit
based upon substitution provisions pursuant to the Regulatory Agreement. The affordability
requirements of this Section 3.3 shall be set forth in the Regulatory Agreement between the
Developers or their successors and the City, provided for below, which shall supersede this
Agreement upon recordation of the Regulatory Agreement.
3.4 Affordable Housing Develouer. Developers of Planning Areas 1,2,3,4,5,
7 and 8 have indicated that they will contract with Bridge Housing Corporation to develop and
construct the portion of the Affordable Multifamily Units to be constructed in Planning Area 5.
The City Council has relied on that representation in approving this agreement. Developers shall
obtain prior approval by the City Council of any other affordable housing developer and shall
obtain City Council approval for the proposed development agreement for these units ( the
Affordable Housing Development Agreement) prior to execution.
3.5 Schedule for Develouine. Affordable Multifamilv Units. Developers of
Planning Areas 1,2,3,4,5,7 and 8 shall provide the Affordable Multifamily Units pursuant to
the following schedule and as described in Attachment C:
3.5.1 Prior to the approval of any Final Map for the Master
Development, this Agreement shall be duly executed, and recorded immediately thereafter.
3.5.2 Prior to the issuance of any building permit within the Master
Development, the developer of Planning Area 5 shall receive approval of a Site Development
Plan for all of the Affordable Multifamily Units included in Planning Area 5.
3.5.3 Developers have indicated they will contract with an affordable
housing developer to develop the Affordable Multifamily Units to be constructed in Planning
Area 5. Developers shall obtain prior City approval of the developer and proposed development
agreement for the units (“Affordable Housing Development Agreement”). The Affordable
Housing Development Agreement shall describe with particularity the financial arrangements for
the construction of the Affordable Multifamily Units, the restrictions applicable to the Affordable
Multifamily Units and the record keeping obligations for the management of the units.
3.5.4 Upon satisfying the conditions stated in Sections 3.5.1 through
Section 3.5.3, building permits can be released for a total of 230 market rate units and for the 92
unit affordable project.
3.5.5 Once building permits have been issued and the foundations for the
92 affordable apartment units are complete, inspected and approved, all remaining building
permits for 295 market rate housing units may be released.
4. Citv Aunroval of Documents The following documents, to be approved in writing
by the City, shall be used in connection with the rental of Affordable Units.
Revised 11130198 Page 3
%. - ,-
6d 292
4.1 A marketing plan consistent with the terms of this Agreement, establishing
the process for seeking selecting and determining the eligibility of tenants of the Affordable
Units.
4.2 Form of Rental Agreement.
4.3 A Property Management Plan.
4.4 A Form of Regulatory Agreement between the developer of the affordable
project for Planning Area 5 and City (the "Regulatory Agreement"), following the format
designated by City.
5. Comdiance Reuorts. Following completion of construction of any of the
Affordable Multifamily Units, a Compliance Report meeting the requirements of Section
21.85.170 of the Inclusionary Ordinance, verifying compliance of all completed Affordable
Multifamily Units with the terms of this Agreement and certified as correct by a third-party, shall
be submitted annually to the Housing and Redevelopment Director. If similar reports on some or
all of the Affordable Multifamily Units are required for regulatory compliance with other
financing programs, those reports may be deemed satisfactory for the purpose of this section by
the Housing and Redevelopment Director, with respect to the portion of the Affordable
Multifamily Units covered by such reports, provided that copies are provided on an annual basis
to the Housing and Redevelopment Director with a third party certification addressed to the City.
6. Release of Subiect Prooertv From Agreement. The covenants and conditions
herein contained shall apply to and bind the heirs, executors, administrators, successors,
transferees, and assignees of all the parties having or acquiring any right, title or interest in or to
any part of Subject Property, not including Planning Area 6, and shall run with and burden the
Subject Property until terminated in accordance with Section 13 hereof. Until portions of the
Subject Property are released from the burdens of this Agreement pursuant to this Section 6, the
Developers of Planning Areas 1,2,3,4,5,7 and 8 shall expressly make the conditions and
covenants contained in this Agreement a part of any deed or other instrument conveying any
interest in the Subject Property. Notwithstanding anything to the contrary set forth in this
Agreement, individual purchasers of single-family units pursuant to an approved public report in
compliance with the California Subdivided Lands Act, and mortgage lenders holding deeds of
trust on such individual units after sale to such purchasers, shall not be subject to the terms of
this Agreement; and the terms of this Agreement shall be of no further force or effect with
respect to such completed unit on the date of the recordation of a deed to the individual
purchaser. Upon issuance of certificates of occupancy for all of the Affordable Multifamily
Units, the entire Subject Property, with the exception of Planning Area 5, shall be released from
the burdens of this Agreement. The burdens of this agreement shall remain in full force and
effect and recorded against Planning Area 5 for the 55 year duration of this agreement.
7. Default. Failure of the Developers to cure any default in the Developers'
obligations under the terms of this Agreement within ninety (90) days after the delivery of a
notice of default from the City (or where the default is of the nature which cannot be cured
within such ninety (90) day period, the failure of the Developers to commence to cure such
default within the ninety (90) day period or the Developers' failure to proceed diligently to
complete the cure of such a default within a reasonable time period, but in no event not greater
than 180 days, will constitute a failure to satisfy the Conditions of Approval with respect to the
Subject Property and the requirements of Chapter 21.85 of the CMC and the City may exercise
Revised 11/30/98 Page 4
2293
any and all remedies available to it with respect to the Developers' failure to satisfy the
Conditions of Approval and Chapter 21.85 of the CMC, including but not limited to, the
withholding of building permits for the market rate units within the Master Development
8. ADDOintment of Other Agencies. At its sole discretion, the City may designate,
appoint or contract with any other public agency, for-profit or non-profit organization to perform
the City's obligations under this Agreement.
9. Hold Harmless. Developers will indemnify and hold harmless (without limit as to
amount) City and its elected officials, officers, employees and agents in their official capacity
(hereinafter collectively referred to as "Indemnitees"), and any of them, from and against all loss,
all risk of loss and all damage (including expense) sustained or incurred because of or by reason
of any and all claims, demands, suits, actions, judgments and executions for damages of any and
every kind and by whomever and whenever made or obtained, allegedly caused by, arising out of
or relating in any manner to Developers' actions or defaults pursuant to this Agreement, and
shall protect and defend Indemnitees, and any of them with respect thereto. The provisions of
this section shall survive any release or termination of this Agreement.
10. Insurance Reauirements. Developers of Planning Areas 1,2,3,4, 5,7 and 8 shall
obtain, at their expense, comprehensive general liability insurance for development of the
Subject Property naming Indemnitees as additional named insureds with aggregate limits of not
less than five million dollars ($5,000,000), for bodily injury and death and property damage,
including coverages for contractual liability and products and completed operations, purchased
by Developers i7om an insurance company duly licensed to engage in the business of issuing
such insurance in the State, with a current Best's Key Rating of not less than A-V, such
insurance to be evidenced by an endorsement which so provides and delivered to the City Clerk
prior to the issuance of any building permit for the Subject Property.
11. Notices. All notices required pursuant to this Agreement shall be in writing and
may be given by personal delivery or by registered or certified mail, return receipt requested, to
the party to receive such notice at the addressed set forth below:
TO THE CITY OF CARLSBAD:
CITY OF CARLSBAD
Housing and Redevelopment Department
Attn: Housing and Redevelopment Director
2965 Roosevelt Street, Suite B
Carlsbad, California 92008-2389
Revised 11/30/98 Page 5
2294
TOTHEDEVELOPERS:
HSL/BPiMichan, L.L.C. Shea Homes Fieldstone Communities
Attn: Doug Avis Attn: Paul Barnes Attn: Andrew Murphy
5055 Avenida Encinas, # 210 10721 Treena Street, # 200 5465 Morehouse Dr. # 250
Carlsbad, California 92008 San Diego, CA 93 13 1 San Diego, CA 93121
Any party may change the address to which notices are to be sent by notifying the other
parties of the new address, in the manner set forth above.
12. Integrated Ameement. This Agreement constitutes the entire Agreement between
the parties and no modification hereof shall be binding unless reduced to writing and signed by
the parties hereto.
13. Duration of Ameement. This Agreement shall remain in effect for 55 years
following the date certificates of occupancy have been issued for all Affordable Units. This
Agreement, and any section, subsection, or covenant contained herein, may be amended only
upon the written consent of Developers and the Community Development Director.
14. Recording of Agreement. The parties hereto shall cause this Agreement to be
recorded against the Subject Property in the official Records of the County of San Diego.
15. Severability. In the event any limitation, condition, restriction, covenant, or
provision contained in this Agreement is to be held invalid, void or unenforceable by any court
of competent jurisdiction, the remaining portions of this Agreement shall nevertheless, be and
remain in full force and effect
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
as of the day and year first above m.
DEVELOPERS
HSLiBPiMichan, L.P., a California limited partnership
By: HBM Poinsettia, L.P., a California limited
partnership, Its Sole General Partner
By Benchmark Pacific Management, Inc., a California
comoration. Its Sole General Partner
By:
DOUGLA~M. AVIS.
CITY
CITY OF CAFCSBAD
A Municipal Corporation
By:
~~ President Communi~evelopment Director
STRATAPOINSETTIA, a California General Partnership
By: Strata Equity Corporation, a California corporation, APPROVE
By: n (T General Partner
Carlos D. an,
Revised 11/30/98 Page 6
, .. ,-.
2295
BENCHMARK PACIFIC POINSETTIA, L.P., a California
limited partnership By: Benchmark Pacific, Inc., a California corporation, Its Sole General Partner
By: Douzas M. Avis, President
HSL PROPERTIES, INC., a California corporation
By: s; &- Humberto S. Lopez, Presia
STRATA EQUITY CORPORATION, a California
corporation
By\ nr /fs7
Carlos Dxichw€”&ent
SHEA HOMES LIMITED PARTNERSHIP, a California limited partnership
By: J. F. Shea Co., Inc., aNevada corporation,
General Partner
.. Name
By:
Fieldstone Poinsettia Cove, LLC, a Delaware limited
liability company
By: Fieldstone Comm-wities, Inc., Its Managing Member
Revised 11130198 Page 7
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ALLPURPOSE ACKNOWLEDGMENT 5 State of I County of
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ALLPURPOSE ACKNOWLEDGMENT
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ATTACHMENT A 2301
LEGAL DESCRIPTION OF SUBJECT PROPERTY
1005048
Page 3
EXHIBIT "A"
2302
Those portions of the East Half of Section 29 and the West Half of Section 28, Township
12 South, Range 4 West, San Bemardino Meridian, in the City of Carlsbad, County of San
Diego, State of California, according to Official Plat thereof, described as follows:
Beginning at the Northwest comer of the East Half of the Northeast Quarter of said Section
29; thence along the Northerly line of said East Half of the Northeast Quarter North
89"58'20" East 294.68 feet to the beginning of a tangent curve concave Southwesterly
having a radius of 600.00 feet; thence Southeasterly along said curve through a central
angle of 63"10'41" an irc distance of 661.60 feet; thence tangent to said curve South
26"50'59" East 389.48 feet to the beginning of a tangent curve concave Westerly having a
radius of 1700.00 feet; thence Southerly along said last mentioned curve through a central
angle of 9"37'29" an arc distance of 285.57 feet; thence tangent to said last mentioned
curve South 17"23'30" East 1187.36 feet to the beginning of a tangent curve concave
Westerly having a radius of 1250.00 feet; thence Southerly along said last mentioned curve,
through a cent& angle of 23"30'00" an arc distance of 512.69 feet to the beginning of a
reverse curve concave Easterly having a radius of 500.00 feet; thence Southerly along said
last mentioned curve to an intersection with the Northerly line of that certain Parcel of land
deeded to the County of San Diego in Parcel 1 of Directors Deed recorded December 22,
1966 as File No. 198819 of Official Records; thence South 76"54'40" West along said
Northerly line to the Easterly line of the 200.00 foot Atchison, Topeka and Santa Fe
Railway Company Right of Way; thence along said Easterly line North 21"08'15" West to
the West line of said East Half of the Northeast Quarter; thence along said West line North
OO"O2'20" West, 765.33 feet to the true point of beginning.
Excepting therefrom that portion described as follows:
Commencing at the Southerly terminus of Course No. 5 of Parcel 1 of that certain
Directors Deed conveyed to the County of San Diego and recorded on December 22, 1966
as File No. 198819 of -Official Records, said Course No. 5 having a bearing and distance of
North 13"05'20" West, 20.00 feet; thence along the Southerly prolongation of said course
South 13"46'30" East 28.75 feet to a line having a bearing of South 76"16'30" West, said
line being South 13O46'30" East 28.75 feet from the Northerly line of Poinsettia Lane
measured along the Southerly prolongation of said Course No. 5; thence South 76"16'30"
West 243.98 feet to the true point of beginning, said point being the Southerly terminus of
that certain Course cited as being a curve having a radius of 500.00 feet and an arc distance
of 174.53 feet in Parcel 2 in deed to John D. Lusk & Son, a California corporation,
recorded January 9, 1973 as File No. 73-006848 of Official Records of said San Diego
County; thence continuing South 76"16'30" West 709.90 feet - record 710.09 feet - to the
intersection with the Easterly right of way line of the Atchison, Topeka and Santa Fe
Railroad Company, said point of intersection being distant South 21"08'51" East 28.15 feet
from the Northerly line of Poinsettia Lane as measured along the Easterly right of way of
said Railroad Company; thence along said Easterly right of way North 21"08'51" West
CLT'A Prrliminacy Report Fom (Rev. 1/1/93
2303
1005048
Page 4
51.43 feet to a line parallel with and distant Northerly 51.00 feet measured at right angles
to the above mentioned line having a bearing and distance of South 76O16'30" West 709.90
feet; thence along said parallel line North 76'16'30" East 719.15 feet to the intersection
with a non tangent curve concave Easterly and having a radius of 500.00 feet, said curve
being the above mentioned curve having a radius of 500.00 feet, a radial from said point
bears North 82"07'45" East; thence Southerly along said curve through a central angle of
5"51'15" an arc length of 51.09 feet to the true point of beginning.
Excepting therefrom those portions previously dedicated to the public use as described in
the aforementioned deed recorded December 22, 1966 as File No. 198819 of Official
Records.
Excepting therefrom that portion described as follows:
Beginning at the Northwest comer of the East Half of the Northeast Quarter of said Section
29; thence South 20"27'52" East 869.10 feet; thence South 69"32'08" West 275.76 feet to
a point on the Easterly right of way line of the Atchison, Topeka and Santa Fe Railway,
being 200.00 feet wide; thence along said right of way line North 20"27'52" West 154.51
feet to a point on the Easterly line of Lot 1 in said Section 29; thence along said line North
O"38'14" East 765.95 feet to the point of beginning.
Also excepting therefrom that portion of the East 1/2 of Section 29 and the West 1/2 of
Section 28, Township 12 South, Range 4 West, Sai Bemardino Meridian, in the City of
Carlsbad, County of San Diego, State of Califomia, according to Official Plat thereof lying
Northerly of the Northerly line of Parcel "C" as described in the deed to the City of
Carlsbad, filed in the Office of the County Recorder of San Diego County, on May 18,
1984 as File No. 84-186516 of Official Records, and lying Southerly, Easterly,
Southeasterly of the following described line:
Commencing at the centerline intersection of Avenue Avenida Encinas and Poinsettia Lane
as shown on Parcel Map 14028, fded November 18, 1985 as File No. 85-434716 of
Official Records; thence North 13"01'21" West 1.46 feet (North 13"43'30" West 1.46 feet
per said Parcel Map 14028) to the beginning of a curve, as shown on said Parcel Map;
concave Easterly, having a radius of 500.00 feet; thence Northerly along said curve 133.48
feet through a central angle of 15'17'45" to the point of beginning through which a radial
line bears North 87"43'36" West; thence North 87"43'36" West 42.00 feet along
prolongation of said radial line to the beginning of a non-tangent curve through which a
radial line beam North 87"43'36" West, concave Easterly, having a radius of 542.00 feet;
thence Southerly along said curve 33.50 feet through a central angle of 3"32'27"; thence
South 40"29'48" West 33.70 feet; thence South 76"54'40" West 298.51 feet; thence South
13"05'20" East 11.81 feet more or less to the point of intersection with the Northerly line
of said Parcel "C" and being the point of terminus.
CLTA Preliminary Repon Form (Rev. 1/1/95)
1005048
Page 5
2304
Also, excepting therefrom, all oil and mineral rights below 500 feet without right of surface
entry as reserved by A. L. Shipley, Jr., Conservator of the Estate of George H. Capron in
deed recorded June 30, 1969 as File No. 116905 and re-recorded July 23, 1969 as File No.
132460, both of Official Records.
APN: 214-450-25
CLTA Preliminary Repolt Form (Rev. 1/1/95)
-
,,
.-
LEGAL DESCRIPTION
PLANNING AREA 7
2305
THOSE PORTIONS OF LOTS 3 AND 3 AND THE EAST HALF OF NORTHEAST QUARTER IN
SECTION 29, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN
THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
TO OFFICIAL PLAT THEREOF. DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 29 AS SHOWN ON MAP
NO. 7476, FILED IN THE OFFICE OF THE COUNTY RECORDER IN SAID COUNTY, THENCE
ALONG THE EAST SECTION LINE OF SAID SECTION 29 SOUTH OO"38'14" WEST 1,359.80
FEET TO A POINT ON THE PROLONGATION OF THE NORTH BOUNDARY LINE OF SAID
LOT 2; THENCE ALONG SAID PROLONGATION NORTH 89 "27'20" WEST 1,345.52 FEET
OF-WAY OF THE ATCHISON TOPEKA AND SANTA FE RAILROAD, SAID POINT ALSO
SOUTH 20"28'04" EAST 1,673.44 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY
LINE OF THE 102.00 FOOT WIDE ROAD KNOWN AS POINSETTIA LANE, AS DESCRIBED IN
PARCEL 1 IN DEED TO THE CITY OF CARLSBAD RECORDED AUGUST 21,1974 AS
TO A POINT ON THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF A 200.00 FOOT RIGHT-
BEING THE TRUE POINT OF BEGINNING; THENCE ALONG SAID RIGHT-OF-WAY LINE
DOCUMENT NO. 74-227600 OF OFFICIAL RECORDS; THENCE ALONG SAID NORTHERLY
RIGHT-OF-WAY LINE SOUTH 76"56'54" WEST 495.69 FEET TO A POINT OF THE EASTERLY
RIGHT-OF-WAY LINE OF THE STATE HIGHWAY AS DESCRIBED IN PARCEL 5A OF FINAL
ORDER OF CONDEMNATION IN SUPERIOR COURT OF SAN DIEGO COUNTY, CASE NO.
165983, A COPY OF WHICH BEING RECORDED APRIL 23,1952 IN BOOK 4444, PAGE 395 IN
THE OFFICE OF THE COUNTY RECORDER IN SAID COUNTY; THENCE ALONG SAID
EASTERLY RIGHT-OF-WAY LINE NORTH 19"09'02" WEST 1,652.37 FEET TO THE
BEGINNING OF A TANGENT 19,846.00 FOOT RADIUS CURVE CONCAVE EASTERLY;
THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE
OF 00'22'36'' A DISTANCE OF 130.47 FEET TO A POINT ON SAID NORTH BOUNDARY LINE
OF SAID LOT 2; THENCE ALONG SAID BOUNDARY LINE SOUTH 89'27'20" EAST 482.20
FEET TO THE TRUE POINT OF BEGINNING.
EXCEPTION THEREFROM ALL OIL AND MINERAL RIGHTS BELOW 500 FEET WITHOUT
RIGHT OF SURFACE ENTRY AS RESERVED BY A.L. SHIPLEY, JR., CONSERVATOR OF THE
ESTATE OF GEORGE H. CAPRON IN DEED RECORDED JUNE 30,1969 AS FILE NO. 116905
AND RE-RECORDED JULY 23,1969 AS FILE NO. 132460, BOTH OF OFFICIAL RECORDS.
ASSESSOR'S PARCEL NO.
214-150-17
PLANNING AREA 8 2306
LEGAL DESCRIPTION
THOSE PORTIONS OF LOT 3 THE NORTH 1/3 OF LOT4 SECTION 29, TOWNSHIP 12 SOUTH,
RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE Clp OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, LYING
SOUTHWESTERLY OF THE SOUTHWESTERLY LINE OF LINE OF THE 200 FOOT RIGHT OF WAY OF THE ATCHISON, TOPEKA AND SANTA FE RAILROAD AND LYING EASTERLY OF THE
SUPERIOR COURT OF SAN DIEGO COUNTY, CASE NO. 165983, A COPY OF WHICH BEING
RECORDED APRIL 23, 1952 IN BOOK 4444, PAGE 395 OF OFFICIAL RECORDS, SAID EASTERLY
LINE BEING DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SECTION 29, TOWNSHIP 12 SOUTH, RANGE
4 WEST, AS SHOWN ON MAP NO. ’7476, FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY; THENCE ALONG THE EAST SECTION LINE OF SAID SECTION 29, SOUTH
0’38’14 WEST4474.95 TO A POINT ON THE SOUTHERLY LINE OF THE NORTH ONE THIRD OF
TRUE POINT OF BEGINNING, SAID POINT ALSO BEING ON THE SOUTHWESTERLY RIGHT OF
LOT 4; THENCE ALONG SAID SOUTHERLY LINE NORTH 89’09’43 WEST 144.42 FEET TO THE
WAY LINE OF A 200.00 FOOT RIGHT OF WAY OF THE ATCHISON, TOPEKA AND SANTA FE
RAILROAD; THENCE CONTINUING ALONG THE SOUTHERLY LINE NORTH 89’09’43” WEST
564.96 FEET TO POINT ON THE EASTERLY RIGHT OF WAY OF THE STATE HIGHWAY AS
DESCRIBED IN PARCEL 5A OF FINAL ORDER OF CONDEMNATION IN SUPERIOR COURT OF
SAN DIEGO COUNTY, CASE NO. 165983, FILED IN THE OFFICE OF THE COUTNY RECORDER IN
SAID COUNTY; THENCE ALONG SAID EASTERLY RIGHT OF WAY LINE NORTH 19’09’02 WEST
1419.25 FEET TO A POINT ON THE SOUTHERN RIGHT OF WAY LINE OF THE 102.00 FOOT
WIDE ROAD KNOW AS POINSETTIA LANE AS DESCRIBED IN PARCEL IN DEED TO THE CITY OF
CARLSBAD, RECORDED AUGUST 21, 1974 AS DOCUMENT NO. 74-227601 OF OFFICIAL
RECORDS; THENCE ALONG SAID RIGHT OF WAY LINE NORTH 76’57’03 EAST 497.98 FEET TO
A POINT ON SAID SOUTHWESTERLY RIGHT OF WAY LINE OF SAID RAILROAD; THENCE
ALONG SAID SOUTHWESTERLY RIGHT OF WAY LINE SOUTH 20’27’52 EAST 1559.85 FEET TO
THE TRUE POINT OF BEGINNING.
EXCEPTING THEREFROM ALL OIL, AND MINERAL RIGHTS BELOW 500 FEET WITHOUT RIGHT
OF SURFACE ENTRY AS RESERVED BY A.L. SHIPLEY, JR., CONSERVATOR OF THE ESTATE
RECORDED JULY 23. 1969 AS FILE NO. 132460, BOTH OF OFFICIAL RECORDS.
EASTERLY LINE OF PARCEL 5-A AS DESCRIBED IN THE FINAL ORDER OF CONDEMNATION OF
OF GEORGE H. CAPRON IN DEED RECORDED JUNE 30,1969 AS FILE NO. 116905 AND RE-
ASSESSORS PARCEL N0.214-150-18
_-
ATTACHMENT B
LOCATION, SIZE, AND BEDROOM COUNT
OF AFFORDABLE UNITS
(This attachment will be added once thefinal SDP is approved
for the project.)
2307
_- "
h
2309
ATTACHMENT C
BUILDING PERMT PHASING PLAN
Action Required
Phasing
Receive Approval of an SDP for
the affordable housing project,
and execute and record the
Affordable Housing Agreement
approved by City Council.
All building permits issued and
foundations complete, inspected
and approved for 92 apartment
units.
TOTAL
# of Building
Permits & Type
Released
230
market rate
building permits.
92
affordable
apartment units
295
market rate
building permits
617 Units
Revised 11/30/99 11
% of Total
Permits for
Project
37%
and
15%
48%
100%
Comments
Final maps allowed for a
total of 617 units only.
Building permits will he
used for development of
Planning Areas 5,7 & 8. A
total of 322 building permits
could be issued at this point
in time; 52% of total
permits.
At this point, all of the
market rate units could be
under, or begin, construc-
tion. The market rate units
Allows for a total of 525
market rate and 92
affordable units.