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HomeMy WebLinkAboutCT 93-07; CARRILLO RANCH VILLAGE "F" "G" & "P"; Tentative Map (CT)0 OF CARLSBAD LAND USE REVIEW APPUCATIOI 1) APPLICATIONS APPLIED FOR: (CHECK BOXES) (FOR DEPT USE ONLY) FOR PAGE 1 OF 2 (FOR DEPT USE ONLY) O Master Plan E] Specific Plan O Precise Development Plan Tentative Tract Map ;/'Planned Development Permit O Non-Residential Planned Development C] Condominium Permit o Special Use Permit O Redevelopment Permit o Tentative Parcel Map o Administrative Variance General Plan Amendment Local Coastal Plan Amendment Site Development Plan Zone Change Conditional Use Permit Hillside Development Permit Environmental Impact Assessment Variance Planned Industrial Permit = Coastal Development Permit Planning Commission Detem-iinãtion - 0 List any other applications not specificed 2) LOCATION OF PROJECT: ON THE I South SIDE OF Palomar Airport Th1 - I (NORTH, SOUTH EAST, WEST) (NAME OF STREET) BETWEEN Melrose Ave. AND f Eastern City Limi (NAME OF STREET) (NAME OF STREET) 3) BRIEF LEGAL DESCRIPTION: 4) ASSESSOR PARCEL NO(S). I 221-010-18 221-019-08 - 5) LOCAL FACILITIES I 18 6) EXISTING GENERAL PLAN 7) PROPOSED GENERAL PLAN HC MANAGEMENT ZONE . DESIGNATION DESIGNATION 8) EXISTING ZONING I PC 9) PROPOSED ZONING i'c 10) GROSS SITE 1125.61 ACREAGE 11) PROPOSED NUMBER OF I 12) PROPOSED NUMBER 13) TYPE OF SUBDIVISION I RESIDENTIAL UNITS 117 j OF LOTS 118 (RESIDENTIAL COMMERCIAL INDUSTRIAL) 14) NUMBER OF EXISTING RESIDENTIAL UNITS L o ] 0 15) PROPOSED INDUSTRIAL L_. 116 PROPOSED COMMERCIAL Li/A J OFFICE/SQUARE FOOTAGE SQUARE FOOTAGE - NOM A PROPOSED PROJECrREQVIJWIG 7PAT wxmPts Apm cuwW BE FUM MtT BE SUB&ffnM PRIOR To. 33O P. A PROPOSM PROJECT REQ"NG ThAT ONLY JST flTED 4Q PAC FRM000I6 8ñ0 CITY OF CARLSBAD LAND USE RFVTFW. APPLICATION PAGE 2 OF 2 17) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE T 63 18) PROPOSED SEWER USAGE IN EQUIVALENT DWELLING UNITS L 117 19) PROPOSED INCREASE IN AVERAGE DAILY TRAFFIC [1170 20) PROJECT NAME: J CARRILLO RANCH VILLAGE F- G- P I 21) BRIEF DESCRIPTION OF PROJECT: r 11* Single family houses and one multi- I family lot and a planned development permit for lots of 1s thrni 7flfl SQ, 22) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CrIY STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMBERS, ORCITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROP T I Th[SU OF S APPLICATION. VWE CONSENT TO ENTRY FOR THIS PURPOSE ____________ 23) OWNER 24) APPLICANT NAME (PRINT OR TYPE) NAME (PRINT OR TYPE) Rancho Carrillo., Inc., a Delaware corporation Continental Homes ''P PoPentai Homes MAILING ADDRESS 12636 High Bluff Dr., Ste. 300 12636 High Bluff Dr.., Ste. 300 CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE San Diego, California 92130 (619)793-2580 San Diego, California 92130(619)793-2 58 I CERTIFf TRT I AM nM LEGAl. OWNER I cEmm ThAT I AM ThE IIGAL OwNER'a RREGTA11VE AND ThAT AM ThE A0Y! INFORMATION IS TRUE AND REEF TO ThE AND ThAT ALL. ThE ANDY! INFORMATION IS TRUE AND (TIRRECT TO ThE 3I$T OF BEST Cl MY IDfOWI.GL MY XNOWLEDGE. TURE DATE V i•,c 92 ,6MJ)t.-VP /j 9 .*......*.......e..,....,**.*...*..*...•*••****•••* FOR Cfl' USE ONLY FEE COMPUTATION: APPUCATIONTYPE FEE REQUIRED i' -O7 - ______ JUN 2 3 1993 - (022. 01) zzo co .iiPr •. . DASiA 4P4CTION RECEIVED f'),_CYJ) rZ743f1-.J TOTAL FEE REQUIRED DATE FEE PAID . b/23/3 I RECEIPT NO.7322 I I / Form No. 1068-1 (Rev. 1,92) • Exhibit A to Preliminary Report AMEj 1 Preliminary Report First American Title Insurance Company /1J4 ORDER NO. 1043792-6 FIRST AMERICAN TITLE INSURANCE COMPANY 411 IVY STREET, SAN DIEGO, CALIFORNIA 92101 P.O. BOX 808, SAN DIEGO, CALIFORNIA 92112 (619) 238-1776 NOVEMBER 6, 1992 CONTINENTAL HOMES 12760 HIGH BLUFF DRIVE, SUITE 380 SAN DIEGO, CALIFORNIA. ATTN: CHRISTOPHER CHAMBERS OUR ORDER NO. 1043792-6 IN RESPONSE TO THE HEREIN REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, THIS COMPANY HEREBY REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS OF THE DATE HEREOF, A POLICY OR POLICIES OF TITLE INSURANCE DESCRIBING THE LAND AND THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION HEREIN OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY FORMS. THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID POLICY OR POLICIES ARE SET FORTH HEREIN. COPIES OF THE POLICY FORMS SHOULD BE READ. THEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPORT. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. DATED AS OF NOVEMBER 3, 1992 AT 7:30 A.M. DIANNE LI TITLE OFFICER DIRECT DIAL PHONE 231-4654 PAGE 1 ORDER NO. 1043792-6 THE FORM OF POLICY TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS: TO BE DETERMINED TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: RANCHO CARRILLO, INC., A DELAWARE CORPORATION THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: FEE THE LAND REFERRED TO HEREIN IS DESCRIBED AS FOLLOWS: (SEE ATTACHED LEGAL DESCRIPTION) AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY FORM WOULD BE AS FOLLOWS: 1. GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 1992-93, A LIEN, NOT YET PAYABLE. 2. THE LIEN OF SUPPLEMENTAL TAXES OR ASSESSMENTS, IF ANY, ASSESSED PURSUANT TO CHAPTER 3.5 COMMENCING WITH SECTION 75 OF THE CALIFORNIA REVENUE AND TAXATION CODE AND ANY OTHER APPLICABLE STATUTES OF THE CALIFORNIA REVENUE AND TAXATION CODE. 3. SUPPLEMENTAL TAXES: THE REQUIREMENT THAT THIS COMPANY BE FURNISHED WITH ALL SUPPLEMENTAL TAX BILLS, IF ANY, FROM THE OWNER OF THE HEREIN DESCRIBED PROPERTY BEFORE CLOSE OF ESCROW. 4. RIGHTS OF THE PUBLIC IN AND TO ANY PORTION OF THE HEREIN DESCRIBED PROPERTY LYING WITHIN ROADS, STREETS OR HIGHWAYS. 5. AN EASEMENT FOR GAS PIPE LINES AND INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY, RECORDED JANUARY 18, 1937 IN BOOK 615, PAGE 65 OF OFFICIAL RECORDS, WHICH AFFECTS SECTION 18 DESCRIBED AS FOLLOWS: PAGE 2 A M ER / .••.• . . ORDER NO. 1043792-6 BEGINNING AT A POINT ON THE WEST LINE OF SECTION 18, DISTANT THEREON 2900.18 FEET SOUTH OF THE NORTHWEST CORNER THEREOF; THENCE FROM SAID POINT OF BEGINNING, NORTH 87°21' EAST 4476.0 FEET; THENCE SOUTH 89 0 21' EAST TO THE EAST LINE. OF SAID ABOVE MENTIONED NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 18. IT IS UNDERSTOOD AND AGREED BY THE PARTIES HERETO THAT SAID GAS PIPE SHALL IN ALL CASES BE BURIED IN THE GROUND AT A SUFFICIENT DEPTH AS NOT TO INTERFERE WITH AGRICULTURAL DEVELOPMENT. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AFFECTS PARCEL 1. 6. AN EASEMENT FOR EITHER OR BOTH POLE LINES, UNDERGROUND CONDUITS AND INCIDENTAL PURPOSES TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY BY INSTRUMENT RECORDED FEBRUARY 24, 1938 IN BOOK 759, PAGE 6 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF THE SAID NORTHEAST QUARTER OF SOUTHWEST QUARTER OF SECTION 19, DISTANT THEREON 245.3 FEET EASTERLY FROM THE SOUTHWEST CORNER THEREOF; THENCE FROM SAID POINT OF BEGINNING, NORTH 2°54' EAST 1245.9 FEET; THENCE NORTH 15 0 45' EAST 440 FEET; THENCE NORTH 36 0 55' WEST 210.4 FEET. SAID EASEMENT AFFECTS A PORTION OF SECTION 19 HEREIN DESCRIBED. AFFECTS PARCEL 1. 7. AN EASEMENT AND RIGHT OF WAY FOR PUBLIC ROAD PURPOSES OVER AND ACROSS ROAD SURVEY NO. 757 ACCORDING TO MAP ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR AND AS GRANTED TO THE COUNTY OF SAN DIEGO BY DEED RECORDED OCTOBER 2, 1940 IN BOOK 1068, PAGE 496 OF OFFICIAL RECORDS. SAID INSTRUMENT ALSO GRANTS THE PRIVILEGE AND RIGHT TO EXTEND AND MAINTAIN DRAINAGE STRUCTURES AND EXCAVATION AND EMBANKMENT SLOPES BEYOND THE -LIMITS OF SAID RIGHT OF WAY WHERE REQUIRED FOR THE CONSTRUCTION AND MAINTENANCE THEREOF. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AFFECTS PARCEL 1. PAGE 3 AN1Lj1 a S. ORDER NO. 1043792-6 8. AN EASEMENT FOR ELECTRIC TRANSMISSION LINES TO ERECT, CONSTRUCT, RECONSTRUCT, REPLACE, REPAIR, MAINTAIN AND USE FROM TIME TO TIME, FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY AND FOR TELEPHONE PURPOSES, A LINE OR LINES OF WOOD POLES OR STEEL TOWERS OR POLES, AND WIRES OR CABLES SUSPENDED THEREON, AND SUPPORTED THEREBY, INCLUDING WIRES FOR TELEPHONE PURPOSES AND ALL NECESSARY AND CONVENIENT FOUNDATIONS, CROSS-ARMS AND BRACES AND INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO CONSOLIDATED GAS AND ELECTRIC COMPANY, RECORDED OCTOBER 11, 1940 IN BOOK 1078, PAGE 247 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: SAID EASEMENT OF RIGHT OF WAY BEING 150 FEET IN WIDTH, THE SOUTHWESTERLY AND NORTHEASTERLY BOUNDARY LINES OF WHICH ARE PARALLEL WITH AND 50 FEET SOUTHWESTERLY AND 100 FEET NORTHEASTERLY, RESPECTIVELY, FROM A LINE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE SOUTH LINE OF SAID SECTION 18, DISTANT THEREON 327.86 FEET WESTERLY FROM THE SOUTHEAST CORNER OF SAID SECTION 18; THENCE NORTH 28 0 50 1 13" WEST, 2044.26 FEET, MORE OR LESS, TO A POINT ON THE EAST LINE OF SAID NORTHWEST QUARTER OF SOUTHEAST QUARTER OF SECTION 18, WHICH POINT IS THE TRUE POINT OF BEGINNING CONTINUING NORTH 28 0 50 1 13" WEST, A DISTANCE OF 905.3 FEET, MORE OR LESS, TO THE NORTH LINE OF SAID NORTHWEST QUARTER OF SOUTHEAST QUARTER OF SECTION 18. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AFFECTS PARCEL 1. 9. AN EASEMENT FOR EITHER OR BOTH POLE LINES, UNDERGROUND CONDUITS AND INCIDENTAL PURPOSES TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY BY INSTRUMENT RECORDED NOVEMBER 21, 1951 IN BOOK 4297, PAGE 314 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF THE SOUTHEAST QUARTER OF NORTHWEST QUARTER OF SECTION 19; DISTANT THEREON 550.23 FEET NORTHERLY FROM THE SOUTHWEST CORNER THEREOF; THENCE FROM SAID POINT OF BEGINNING NORTH 84 0 24' EAST 0.56 FEET; THENCE SOUTH 67 0 03'15" EAST 505.28 FEET. ALSO: FROM THE ABOVE DESCRIBED POINT OF BEGINNING; THENCE SOUTH 84 0 24' WEST 1471.83 FEET; THENCE NORTH 58 0 37' WEST 240.00 FEET. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AFFECTS PARCEL 1. PAGE 4 • • S . • - ORDER NO. 1043792-6 10. THE EFFECT, IF ANY, OF RECORD OF SURVEY MAP NO. 6416, WHICH SETS FORTH, OR PURPORTS TO SET FORTH, CERTAIN DIMENSIONS AND BEARINGS OF THE HEREIN DESCRIBED PROPERTY. AFFECTS PARCEL 1. 11. AN EASEMENT FOR SEWER LINE AND INCIDENTAL PURPOSES IN FAVOR OF SAN MARCOS COUNTY WATER DISTRICT, RECORDED OCTOBER 1, 1968 AS FILE NO. 170268 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: AFFECTS A STRIP OF LAND 20.00 FEET WIDE IN THE EAST HALF OF THE NORTHWEST QUARTER AND THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 19, THE CENTER LINE OF SAID 20.00 FOOT STRIP BEING DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE COMMON BOUNDARY BETWEEN SAID SECTIONS 19 AND 24 WHICH IS DISTANT THEREON NORTH. 0 0 03 1 05" WEST 551.11 FEET FROM THE QUARTER CORNER COMMON TO SAID SECTION 19 AND 24, BEING POINT "A" OF THIS DESCRIPTION; THENCE SOUTH 72 0 32 1 47" WEST 144.96 FEET TO THE BEGINNING OF A TANGENT 500.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE WESTERLY ALONG SAID CURVE 81.62 FEET THROUGH AN ANGLE OF 9 0 21'1l" TO A POINT ON SAID EASTERLY LINE OF RANCHO AGUA HEDIONDA, DISTANT NORTH 2 0 38 1 10" WEST 690.82 FEET FROM CORNER NO. 5 OF SAID RANCHO, BEING THE TRUE POINT OF BEGINNING; THENCE RETRACING EASTERLY TO SAID POINT "A"; THENCE NORTH 72 0 32 1 47" EAST 425.99 FEET TO THE BEGINNING OF A TANGENT 500.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE EASTERLY ALONG SAID CURVE 138.00 FEET THROUGH AN ANGLE OF 15 0 48 1 48"; THENCE TANGENT TO SAID CURVE NORTH 56 0 43'59" EAST 48.56 FEET TO THE BEGINNING OF A TANGENT 200.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE EASTERLY ALONG SAID CURVE 134.26 FEET THROUGH AN ANGLE OF 38 0 27 1 41"; THENCE TANGENT TO SAID CURVE SOUTH 84 0 48 1 20" EAST 381.08 FEET TO THE BEGINNING OF A TANGENT 200.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE 236.89 FEET THROUGH AN ANGLE OF 67 0 51 1 51"; THENCE TANGENT TO SAID CURVE NORTH 27 0 19 1 49" EAST 70.07 FEET TO THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE 123.96 FEET THROUGH AN ANGLE OF 28 0 24'31"; THENCE TANGENT TO SAID CURVE NORTH 55 0 44 1 20" EAST 53.12 FEET TO THE BEGINNING OF A TANGENT 400.00 FOOT RADIUS CURVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE 100.41 FEET THROUGH AN ANGLE OF 14 0 23 1 ; THENCE TANGENT TO SAID CURVE NORTH 41 0 21 1 20" EAST 40.78 FEET TO THE BEGINNING OF A TANGENT 400.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE 253.62 FEET THROUGH AN ANGLE OF 36 0 19 1 42"; THENCE TANGENT TO SAID CURVE NORTH 77 0 41 1 02" EAST 606.59 FEET TO THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE EASTERLY ALONG SAID CURVE 43.21 FEET THROUGH AN ANGLE OF 9 0 54'13"; THENCE TANGENT TO SAID CURVE NORTH 87 0 35 1 15" EAST 387.03 FEET TO THE BEGINNING OF A TANGENT PAGE 5 .•...• ORDER NO. 1043792-6 250.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE EASTERLY ALONG SAID CURVE 84.60 FEET THROUGH AN ANGLE OF 19 0 23 1 20"; THENCE TANGENT TO SAID CURVE NORTH 68 0 11 1 55" EAST 205.33 FEET TO THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE EASTERLY ALONG SAID CURVE 95.13 FEET THROUGH AN ANGLE OF 21 0 48 1 05"; THENCE TANGENT TO SAID CURVE EAST 102.42 FEET TO THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE EASTERLY ALONG SAID CURVE 107.19 FEET THROUGH AN ANGLE OF 24 0 34 1 02"; THENCE TANGENT TO SAID CURVE SOUTH 65 0 25 1 58" EAST 263.37 FEET TO THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG SAID CURVE 130.98 FEET THROUGH AN ANGLE OF 30 0 01 1 08"; THENCE TANGENT TO SAID CURVE SOUTH 3502415011 EAST 208.31 FEET TO THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG SAID CURVE 93.61 FEET THROUGH AN ANGLE OF 21 0 27 1 14"; THENCE TANGENT TO SAID CURVE SOUTH 56 0 52'04" EAST 351.49 FEET; THENCE SOUTH 60 0 50'13" EAST 152.27 FEET TO THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG SAID CURVE 140.07 FEET THROUGH AN ANGLE OF 32 0 06 1 08" TO A POINT ON THE EAST LINE OF SAID WEST HALF OF THE NORTHEAST QUARTER OF SECTION 19, DISTANT NORTH 0 0 08 1 43" EAST 744.12 FEET FROM THE SOUTHEAST CORNER OF SAID WEST HALF OF THE NORTHEAST QUARTER OF SECTION 19, SAID 20.00 FOOT STRIP BEGINS IN THE EASTERLY LINE OF RANCHO AGUA HEDIONDA AND ENDS IN THE EAST LINE OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 19. ALSO: A TEMPORARY 50 FOOT WIDE EASEMENT AND SLOPE RIGHT FOR CONSTRUCTION OF AN ACCESS AND CONSTRUCTION ROAD AS REQUIRED FOR THE CONSTRUCTIONS OF A SEWER PIPELINE IN THE EAST HALF OF THE NORTHWEST QUARTER AND THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 19, THE CENTER LINE OF SAID 50 FOOT WIDE TEMPORARY EASEMENT BEING DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE COMMON BOUNDARY BETWEEN SECTIONS 19 AND 24 OF SAID TOWNSHIP 12 SOUTH WHICH POINT IS DISTANT THEREON NORTH 0 0 03 1 05" WEST, 555.11 FEET FROM THE QUARTER CORNER COMMON TO SAID SECTIONS 19 AND 24; THENCE NORTH 72032 14711 EAST, 425.99 FEET TO THE BEGINNING OF A TANGENT 500.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE EASTERLY ALONG SAID CURVE 138.00 FEET THROUGH AN ANGLE OF 15048 '48" THENCE TANGENT TO SAID CURVE NORTH 56 0 43 1 59" EAST, 48.56 FEET TO THE BEGINNING OF A TANGENT 200.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE EASTERLY ALONG SAID CURVE, 134.26 FEET THROUGH AN ANGLE OF 38027 14111; THENCE TANGENT TO SAID CURVE SOUTH 8404812011 EAST 381.08 FEET TO THE BEGINNING OF A TANGENT 200.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE 236.89 FEET THROUGH AN ANGLE OF 67051F5111; THENCE TANGENT TO SAID CURVE NORTH 27 0 19 1 49" EAST, 70.07 FEET TO THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG SAID PAGE 6 . L ORDER NO. 1043792-6 CURVE 123.96 FEET THROUGH AN ANGLE OF 28 0 24'31"; THENCE TANGENT TO SAID CURVE NORTH 55°44'20 EAST, 53.12 FEET TO THE BEGINNING OF A TANGENT 400.00 FOOT RADIUS CURVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE 100.41 FEET THROUGH AN ANGLE OF 14 0 23 1 00"; THENCE TANGENT TO SAID CURVE NORTH 4102112011 EAST, 40.78 FEET TO THE BEGINNING OF A TANGENT 400.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE 253.62 FEET THROUGH AN ANGLE OF 36 0 19 1 42"; THENCE TANGENT TO SAID CURVE NORTH 77 0 41 1 02" EAST, 606.59 FEET TO THE TRUE POINT OF BEGINNING OF SAID 50 FOOT WIDE TEMPORARY EASEMENT, SAID POINT BEING THE BEGINNING OF A 250.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE EASTERLY ALONG SAID CURVE 43.21 FEET THROUGH AN ANGLE OF 9 0 54 1 13"; THENCE TANGENT TO SAID CURVE NORTH 87 0 35 1 15" EAST, 387.03 FEET TO THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE EASTERLY ALONG SAID CURVE 84.60 FEET THROUGH AN ANGLE OF 19 0 23 1 20"; THENCE TANGENT TO SAID CURVE NORTH 68 0 11 1 55" EAST, 205.33 FEET TO THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE EASTERLY ALONG SAID CURVE 95.13 FEET THROUGH AN ANGLE OF 21 0 48 1 05"; THENCE TANGENT TO SAID CURVE EAST 102.42 FEET TO THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE EASTERLY ALONG SAID CURVE 107.19 FEET THROUGH AN ANGLE OF 24 0 34 1 02"; THENCE TANGENT TO SAID CURVE SOUTH 65°25 1 58" EAST, 263.37 FEET TO THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG SAID CURVE 130.98 FEET THROUGH AN ANGLE OF 3000108fl; THENCE TANGENT TO SAID CURVE SOUTH 35 0 24'50" EAST, 208.31 FEET TO THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG SAID CURVE 93.61 FEET THROUGH AN ANGLE OF 21 0 27 1 14"; THENCE TANGENT TO SAID CURVE SOUTH 56°52 1 04" EAST, 351.49 FEET; THENCE SOUTH 60 0 50'13" EAST, 152.27 FEET TO THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG SAID CURVE 140.07 FEET THROUGH AN ANGLE OF 32 0 06 1 08" TO A POINT ON THE EAST LINE OF SAID WEST HALF OF THE NORTHEAST QUARTER OF SECTION 19, DISTANT NORTH 0 0 08 1 43" EAST, 744.12 FEET FROM THE SOUTHEAST CORNER OF SAID WEST HALF OF THE NORTHEAST QUARTER OF SECTION 18, SAID 20.00 FOOT STRIP BEGINS IN THE EASTERLY LINE OF RANCHO AGUA HEDIONDA AND ENDS IN THE EAST LINE OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 19. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AFFECTS PARCEL 1. PAGE 7 A M :: ORDER NO. 1043792-6 12. AN EASEMENT FOR THE INSTALLATION, CONSTRUCTION, MAINTENANCE, REPAIR, REPLACEMENT, RECONSTRUCTION AND INSPECTION OF A DRAINAGE CHANNEL AND FOR THE FLOWAGE OF ANY WATER AND INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO FLOOD CONTROL DISTRICT ZONE I, RECORDED JUNE 22, 1971 AS FILE NO. 132730 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: LYING WITHIN A 12 FOOT STRIP OF LAND SIX FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: BEGINNING AT THE SOUTHEAST CORNER OF SECTION 24; THENCE NORTHERLY ALONG THE EAST LINE OF SAID SECTION NORTH 0 0 52 1 06" EAST, A DISTANCE OF 1122.52 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID EAST LINE, NORTH 83°00 1 00" WEST, A DISTANCE OF 200.00 FEET. THE SIDE LINE OF SAID 12 FOOT STRIP SHALL BE LENGTHENED OR SHORTENED TO TERMINATE IN THE EAST LINE OF SAID SECTION 24. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AFFECTS PARCEL 3. 13. AN EASEMENT FOR INGRESS AND EGRESS AND INCIDENTAL PURPOSES IN FAVOR OF THE SAN DIEGO COUNTY FLOOD CONTROL DISTRICT ZONE 1, RECORDED DECEMBER 22, 1976 AS FILE NO. 76-430334 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWESTERLY CORNER OF LOT 553 OF LA COSTA MEADOWS, UNIT NO. 3, MAP NO. 7076 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG THE WESTERLY LINE OF SAID LOT 553, SOUTH 00°52 1 06" WEST, 79.62 FEET TO A POINT IN A 858.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 15°47 1 52" WEST, SAID POINT BEING ALSO THE TRUE POINT OF BEGINNING; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 01°02 1 08 11 , A DISTANCE OF 15.51 FEET; THENCE TANGENT TO SAID CURVE, NORTH 73 0 10 1 00" WEST, 120.00 FEET TO THE BEGINNING OF A TANGENT 858.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 42°55'00", A DISTANCE OF 642.67 FEET; THENCE TANGENT TO SAID CURVE, NORTH 30 0 15 1 00" WEST, 672.77 FEET; THENCE NORTH 59 0 45 1 00" EAST, 78.76 FEET; THENCE NORTH 38 0 30 1 00" WEST, 354.47 FEET; THENCE SOUTH 59 0 45 1 00" WEST, 112.00 FEET; THENCE 30 0 15 1 00" EAST, 1,022.27 FEET TO THE BEGINNING OF A TANGENT 942.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 13 0 23 1 00 11 , A DISTANCE OF 220.03 FEET TO A POINT IN THE BOUNDARY OF THAT LAND CONVEYED TO CARRILLO RANCHO PARTNERSHIP BY DEED RECORDED SEPTEMBER 1, 1976 AS FILE NO. 76-287140 OF OFFICIAL RECORDS, IN SAID RECORDER'S OFFICE AS SAID POINT BEING NORTH 46 0 20 1 00" EAST, 40.83 FEET FROM THE BEGINNING OF THAT CERTAIN PAGE 8 't A.t}:I/( S . ORDER NO. 1043792-6 COURSE NORTH 46 0 20 1 00" EAST, 82.83 FEET IN SAID DEED; THENCE ALONG SAID BOUNDARY NORTH 46 0 20 1 00" EAST, 42.00 FEET TO THE BEGINNING OF A NON-TANGENT 900.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, A RADIAL TO SAID CURVE BEARS SOUTH 46 0 22'00" EAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 29 0 32 1 00 11 , A DISTANCE OF 463.91 FEET; THENCE SOUTH 73 0 10 1 00" EAST, 120.00 FEET TO THE BEGINNING OF A TANGENT 900.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 1 0 44 1 50 11 1 A DISTANCE OF 27.45 FEET TO THE BOUNDARY OF SAID MAP NO. 7076; THENCE ALONG SAID BOUNDARY, NORTH 00 0 52 1 06" EAST, 43.38 FEET TO THE TRUE POINT OF BEGINNING. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AFFECTS PARCEL 3. 14. AN EASEMENT FOR THE INSTALLATION, CONSTRUCTION, MAINTENANCE, REPAIR, REPLACEMENT, RECONSTRUCTION AND INSPECTION OF AN ENCLOSED OR UNENCLOSED FLOOD DRAINAGE CHANNEL AND INCIDENTAL PURPOSES IN FAVOR OF THE SAN DIEGO FLOOD CONTROL DISTRICT ZONE 1, RECORDED DECEMBER 22, 1976 AS FILE NO. 76-430335 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: PARCEL A: A STRIP OF LAND 10.00 FEET IN WIDTH, THE SIDELINES OF SAID STRIP BEING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE NORTHWEST CORNER OF LOT 553 OF LA COSTA MEADOWS UNIT NO. 3, ACCORDING TO MAP THEREOF NO. 7076, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, THENCE ALONG THE WESTERLY LINE OF SAID LOT 553, SOUTH 005206 11 WEST, 79.62 FEET TO A POINT IN AN 858.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY, A RADIAL TO SAID POINT BEARS SOUTH 15 0 47 1 52" WEST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 01°02 1 08" A DISTANCE OF 15.51 FEET; THENCE TANGENT TO SAID CURVE NORTH 73°10 1 00" WEST, 61.65 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "A"; -THENCE NORTH 09 0 42 1 30" EAST, 50.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE RETRACING SOUTH 09 0 42 1 30" WEST, 92.33 FEET TO THE BOUNDARY OF THAT LAND CONVEYED TO CARRILLO RANCHO PARTNERSHIP BY DEED RECORDED SEPTEMBER 1, 1976 AS FILE NO. 76-287140 OF OFFICIAL RECORDS OF SAID RECORDER'S OFFICE. SAID STRIP TO TERMINATE SOUTHERLY IN SAID BOUNDARY. PAGE 9 . . ORDER NO. 1043792-6 PARCEL B: A STRIP OF LAND 10.00 FEET IN WIDTH, THE SIDELINES OF SAID STRIP BEING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT AFOREDESCRIBED POINT "A"; THENCE NORTH 73 0 10 1,00" WEST, 58.35 FEET TO THE BEGINNING OF A TANGENT 858.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 42 0 55 1 00 11 , A DISTANCE OF 642.67 FEET; THENCE TANGENT TO SAID CURVE NORTH 30 0 15 1 00" WEST, 29.27 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT flB*t; THENCE NORTH 52 0 32 1 25" EAST, 20.16 FEET TO THE TRUE POINT OF BEGINNING THENCE RETRACING SOUTH 52 0 32 1 25" WEST, 20.16 FEET; THENCE SOUTH 59 0 45 1 00" WEST, 88.04 FEET TO THE BEGINNING OF A TANGENT 180.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 53 0 30 1 00 11 1 A DISTANCE OF 168.08 FEET; THENCE TANGENT TO SAID CURVE SOUTH 06 0 15 1 00" WEST, 83.45 FEET TO SAID CARRILLO RANCHO PARTNERSHIP BOUNDARY. THE SIDELINES OF SAID STRIP SHALL BE LENGTHENED AND/OR SHORTENED SO AS TO TERMINATE NORTHERLY IN A LINE THAT BEARS NORTH 30 0 15 /00 11 WEST THROUGH THE TRUE POINT OF BEGINNING, AND SOUTHERLY IN SAID CARRILLO RANCHO PARTNERSHIP BOUNDARY. PARCEL C: COMMENCING AT AFOREDESCRIBED POINT "B", THENCE NORTH 30 0 15 1 00" WEST, 643.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 30 0 15'00" EAST, 77.55 FEET; THENCE NORTH 59 0 45 1 00" EAST, 20.00 FEET; THENCE 3001510011 EAST, 594.72 FEET TO THE BEGINNING OF A TANGENT 838.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 15 0 35 1 35 11 1 A DISTANCE OF 228.06 FEET; THENCE ALONG A NON-TANGENT LINE SOUTH 72°00 1 00" EAST, 320.78 FEET; THENCE NORTH 18 0 00 1 00" EAST, 53.85 FEET; THENCE NORTH 72 0 00 1 00" WEST, 294.33 FEET TO THE BEGINNING OF A NON-TANGENT 778.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY A RADIAL LINE TO SAID POINT BEARS SOUTH 44 0 09 1 25" WEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 15 0 35 1 35 11 , A DISTANCE OF 211.73 FEET; THENCE TANGENT TO SAID CURVE NORTH 30 0 15 1 00" WEST, 549.72 FEET; THENCE NORTH 59 0 45 1 00" EAST, 10.00 FEET; THENCE NORTH 38 0 30 1 00" WEST, 78.36 FEET; THENCE SOUTH 59 0 45 1 00" WEST, 78.76 FEET TO THE TRUE POINT OF BEGINNING. PAGE 10 .. ORDER NO. 1043792-6 PARCEL D: A STRIP OF LAND 10.00 FEET IN WIDTH, THE SIDELINES OF SAID STRIP BEING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT AFOREDESCRIBED POINT "B"; THENCE SOUTH 590451 00,, WEST, 84.00 FEET; THENCE NORTH 30 0 15 1 00" WEST, 588.72 FEET; TO A POINT HEREINAFTER REFERRED TO AS POINT "C"; THENCE SOUTH 43°50 1 00" WEST, 417.74 FEET TO SAID CARRILLO RANCHO PARTNERSHIP BOUNDARY AND THE TRUE POINT OF BEGINNING; THENCE RETRACING NORTH 43 0 50 1 00" EAST, 426.06 FEET; THENCE NORTH 59 0 45 1 00" EAST, 76.00 FEET TO THE SOUTHERLY LINE OF AFOREDESCRIBED PARCEL C. SAID STRIP SHALL TERMINATE NORTHEASTERLY IN SAID SOUTHERLY LINE OF PARCEL C AND TERMINATE SOUTHWESTERLY IN SAID CARRILLO RANCHO PARTNERSHIP BOUNDARY. PARCEL E: A STRIP OF LAND 12.00 FEET IN WIDTH, THE SIDELINES OF SAID STRIP BEING 6.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT AFOREDESCRIBED POINT "C"; THENCE NORTH 30 0 15 1 00" WEST, 387.61 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 86 0 15 1 00" EAST, 140.66 FEET TO THE POINT OF TERMINUS. THE SIDELINES OF SAID STRIP SHALL BE LENGTHENED AND/OR SHORTENED SO AS TO TERMINATE SOUTHWESTERLY IN A LINE THAT BEARS NORTH 30 0 15'00" WEST THROUGH THE TRUE POINT OF BEGINNING. PARCEL F: COMMENCING AT AFOREDESCRIBED POINT "C"; THENCE NORTH 30 0 15 1 00" WEST, 404.28 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 30°15'00" WEST, 35.00 FEET; THENCE SOUTH 59 0 45 1 00" WEST, 40.00 FEET; THENCE SOUTH 30 0 15 1 00" EAST, 80.00 FEET; THENCE NORTH 59 0 45 1 00" EAST, 40.00 FEET; THENCE NORTH 30 0 15 1 00" WEST, 45.00 FEET TO THE TRUE POINT OF BEGINNING. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AFFECTS PARCEL 3. 15. AN IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY FOR PUBLIC RIGHT OF WAY PURPOSES, DATED DECEMBER 30, 1976 IN FAVOR OF THE CITY OF CARLSBAD UPON THE TERMS AND CONDITIONS CONTAINED THEREIN, RECORDED JANUARY 31, 1977 AS FILE NO. 77-036527 OF OFFICIAL RECORDS. PAGE 11 .••• ORDER NO. 1043792-6 THE ROUTE THEREOF IS DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 553 OF SAID MAP NO. 7076; THENCE SOUTH ALONG THE EAST LINE OF SAID SECTION 24, SOUTH 0005210611 WEST, 79.62 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF EL FUERTE STREET AS DEDICATED ON SAID MAP NO. 7076, SAID POINT ALSO BEING ON THE ARC OF A 858 FOOT RADIUS CURVE, CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 15°47 1 52" WEST, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE WESTERLY ALONG SAID CURVE A DISTANCE OF 15.51 FEET THROUGH A CENTRAL OF 01 0 03 1 08"; THENCE TANGENT TO SAID CURVE NORTH 73 0 10 1 00" WEST, 120.00 FEET TO THE BEGINNING OF A TANGENT 858 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE WESTERLY ALONG SAID CURVE A DISTANCE OF 642.67 FEET THROUGH A CENTRAL ANGLE OF 42 0 55 1 00"; THENCE TANGENT TO SAID CURVE, NORTH 30 0 15 1 00" WEST, A DISTANCE OF 1281.47 FEET TO A POINT ON THE BOUNDARY OF RANCHO AGUA HEDIONDA ACCORDING TO MAP THEREOF NO. 823 FILED IN THE OFFICE OF SAID COUNTY RECORDER; THENCE NORTH 89 0 26 1 46" WEST ALONG SAID BOUNDARY A DISTANCE OF 97.55 FEET TO A POINT ON THE ARC OF A NON-TANGENT 942.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 6005714111 WEST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 01 0 12'41" A DISTANCE OF 19.92 FEET; THENCE TANGENT TO SAID CURVE SOUTH 30 0 15 1 00" EAST A DISTANCE OF 1311.51 FEET TO THE BEGINNING OF A TANGENT 942.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE EASTERLY ALONG SAID CURVE A DISTANCE OF 220.03 FEET THROUGH A CENTRAL ANGLE OF 13 0 23'00 11 TO A POINT, A RADIAL LINE TO SAID POINT BEARS SOUTH 4602210011 WEST; THENCE ALONG SAID RADIAL LINE NORTH 46°22 1 00" EAST, 42.00 FEET TO A POINT ON THE ARC OF A NON-TANGENT 900.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY, SAID CURVE BEING CONCENTRIC WITH THE LAST MENTIONED 942.00 FOOT RADIUS CURVE; THENCE EASTERLY ALONG SAID 900.00 FOOT RADIUS CURVE A DISTANCE OF 463.91 FEET THROUGH A CENTRAL ANGLE OF 29 0 32 1 00"; THENCE TANGENT TO SAID CURVE SOUTH 7301010011 EAST, 120.00 FEET TO THE BEGINNING OF A TANGENT 900.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE EASTERLY ALONG SAID CURVE A DISTANCE OF 27.45 FEET THROUGH A CENTRAL ANGLE OF 01 0 44 1 50 11 TO A POINT ON THE WESTERLY LINE OF SAID LOT 553, A RADIAL LINE TO SAID POINT BEARS SOUTH 15 0 05'lO" WEST; THENCE LEAVING SAID CURVE NORTH 00 0 52 1 06" EAST, 43.38 FEET TO THE TRUE POINT OF BEGINNING. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AFFECTS PARCEL 3. PAGE 12 ORDER NO. 1043792-6 I S 16. AN EASEMENT FOR PUBLIC ROAD AND INCIDENTAL PURPOSES IN FAVOR OF THE CITY OF CARLSBAD, RECORDED FEBRUARY 24, 1977 AS FILE NO. 77-068082 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: A STRIP OF LAND 60.00 FEET IN WIDTH, FOR ROAD PURPOSES LYING WITHIN PORTIONS OF THE NORTH HALF OF SECTION 19 AND THE SOUTH HALF OF SECTION 18, TOWNSHIP 12 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO OFFICIAL PLAT THEREOF, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, THE CENTERLINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTH QUARTER CORNER OF SAID SECTION 19, FROM WHICH THE NORTHWEST CORNER OF SAID SECTION 19 BEARS NORTH 89 0 39 1 01" WEST; THENCE NORTH 86 0 11'20" WEST 329.50 FEET; THENCE SOUTH 15 0 16 1 35" WEST 1410.75 FEET; THENCE SOUTH 24 0 54 1 09" WEST 59.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE RETRACING THE LAST MENTIONED COURSE NORTH 24 0 54 1 09" EAST 59.00 FEET; THENCE NORTH 21°31'51" WEST 238.97 FEET; THENCE NORTH 18 0 07 1 34" EAST 1486.58 FEET; THENCE NORTH 15 0 06 1 41" WEST 541.75 FEET; THENCE NORTH 14 0 36 1 45" EAST 733.41 FEET; THENCE NORTH 08 0 16'44" WEST 369.00 FEET, MORE OR LESS, TO A POINT IN THE SOUTHERLY RIGHT OF WAY LINE OF PALOMAR AIRPORT ROAD. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 17. A CERTIFICATE OF COMPLIANCE AFFECTING PARCEL 1 HEREIN DESCRIBED HAS BEEN RECORDED JUNE 29, 1978 AS FILE NO. 78-272812 OF OFFICIAL RECORDS. 18. AN AGREEMENT REGARDING LICENSE TO ALLOW GRADING, DATED NOVEMBER 7, 1980, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: THE DAON CORPORATION, A DELAWARE CORPORATION AND THE ANDEN GROUP, A GENERAL PARTNERSHIP. RECORDED: NOVEMBER 26, 1980 AS FILE NO. 80-400932 OF OFFICIAL RECORDS. 19. AN EASEMENT FOR POLES, WIRES, CABLES, UNDERGROUND FACILITIES AND APPURTENANCES FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY, PIPELINES, COMMUNICATION FACILITIES, OVERHEAD AND/OR UNDERGROUND APPURTENANCES AND GRANTEE ALSO HAS THE RIGHT OF INGRESS AND EGRESS, TO, FROM AND ALONG THIS EASEMENT AND INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY, A CORPORATION, RECORDED AUGUST 13, 1981 AS FILE NO. 81-258011 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: PAGE 13 • A A M L• ORDER NO. 1043792-6 SAID EASEMENT SHALL BE 8.00 FEET IN WIDTH, BEING 4.00 FEET MEASURED AT RIGHT ANGLES ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: COMMENCING AT THE NORTHWEST CORNER OF PARCEL 1 OF PARCEL MAP NO. 10179, FILED JUNE 27, 1980 AS FILE NO. 80-204502 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO, SAID CORNER BEARS NORTH 89°46 1 50" WEST, 1248.83 FEET FROM AN ANGLE POINT IN THE NORTHERLY BOUNDARY THEREOF; THENCE LEAVING SAID NORTHWEST CORNER SOUTH 11°19'38" WEST 4.09 FEET; THENCE SOUTH 89 0 46 1 50" EAST 164.58 FEET TO THE TRUE POINT OF BEGINNING OF THE CENTER LINE HEREIN DESCRIBED; THENCE FROM SAID TRUE POINT OF BEGINNING NORTH 63 0 26'37" EAST 17.61 FEET. SAID INSTRUMENT FURTHER RECITES: "IT IS UNDERSTOOD BY THE PARTIES HERETO THAT THE GRANTEE MAY PLACE, ERECT AND MAINTAIN ON THE LANDS OF THE GRANTOR ADJACENT TO THE ABOVE DESCRIBED RIGHT OF WAY SUCH ANCHORAGE AS MAY BE NECESSARY TO PROPERLY GUY THE POWER LINE ERECTED OVER SAID RIGHT OF WAY." REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AFFECTS PARCEL 1. 20. AN AGREEMENT REGARDING PUBLIC FACILITIES FEES, DATED AUGUST 13, 1981, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: DAON CORPORATION, A DELAWARE CORPORATION AND THE CITY OF CARLSBAD. RECORDED: SEPTEMBER 25, 1981 AS FILE NO. 81-305685 OF OFFICIAL RECORDS. 21. NOTE: A CERTIFICATE OF COMPLIANCE AFFECTING THE HEREIN DESCRIBED PROPERTY WAS RECORDED JULY 20, 1982 AS FILE NO. 82-221295 OF OFFICIAL RECORDS. 22. THE EFFECT, IF ANY, OF RECORD OF SURVEY MAP NOS. 9112 AND 9461, WHICH SETS FORTH, OR PURPORTS TO SET FORTH, CERTAIN DIMENSIONS AND BEARINGS OF THE HEREIN DESCRIBED PROPERTY. 23. AN AGREEMENT REGARDING THE RIGHT OF ENTRY TO INSTALL THEREIN EFFLUENT TRANSMISSION LINES FROM THE DISTRICT FACILITIES TO THE ENCINA FACILITIES, DATED FEBRUARY 8, 1984, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: SAN MARCOS COUNTY WATER DISTRICT AND CARRILLO RANCHO PARTNERSHIP, A GENERAL PARTNERSHIP. RECORDED: FEBRUARY 14, 1984 AS FILE NO. 84-055590 OF OFFICIAL RECORDS. PAGE 14 ORDER NO. 1043792-6 REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AFFECTS PARCEL 1. 24. AN EASEMENT TO ERECT, CONSTRUCT, RECONSTRUCT, REPLACE, REPAIR, MAINTAIN AND USE A PIPELINE OR PIPELINES FOR ANY AND ALL PURPOSES, TOGETHER WITH THEIR NECESSARY FIXTURES AND APPURTENANCES INCLUDING BUT NOT LIMITED TO CONDUITS AND CABLES FOR POWER TRANSMISSION AND COMMUNICATION PURPOSES, TOGETHER WITH THE RIGHT OF INGRESS THERETO AND EGRESS THEREFROM AND INCIDENTAL PURPOSES IN FAVOR OF SAN NARCOS COUNTY WATER DISTRICT, RECORDED FEBRUARY 13, 1987 AS FILE NO. 86-058612 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: PARCEL 1: A STRIP OF LAND 20.00 FEET IN WIDTH THE CENTER LINE OF WHICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: PAGE 15 .'.., ORDER NO. 1043792-6 COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 18 AS SHOWN ON RECORD OF SURVEY MAP NO. 9112, RECORDED AUGUST 5, 1982 AS FILE NO. 82-241289 OF OFFICIAL RECORDS IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA; THENCE NORTH 0 0 38 1 45" EAST (RECORD - NORTH 0°39'50" EAST) ALONG THE EAST LINE OF THE WEST ONE HALF OF SAID SOUTHEAST QUARTER OF SECTION 18, A DISTANCE OF 1,147.55 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID EAST LINE NORTH 90 0 00 1 00" WEST, A DISTANCE OF 292.90 FEET; THENCE SOUTH 14 0 41 1 50" WEST 126.13 FEET; THENCE SOUTH 62 0 01 1 14" WEST A DISTANCE OF 362.35 FEET; THENCE SOUTH 75 0 24 1 53" WEST A DISTANCE OF 202.53 FEET; THENCE SOUTH 5402714411 WEST A DISTANCE OF 77.42 FEET; THENCE SOUTH 33 0 03 1 43" WEST A DISTANCE OF 126.48 FEET; THENCE SOUTH 45 0 16 1 41" WEST A DISTANCE OF 173.52 FEET TO THE BEGINNING OF A TANGENT 600.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 22 0 13'06" A DISTANCE OF 232.67 FEET; THENCE TANGENT TO SAID CURVE SOUTH 67 0 29 1 47" WEST A DISTANCE OF 33.72 FEET; THENCE SOUTH 07 0 50 1 47" WEST A DISTANCE OF 160.29 FEET TO THE BEGINNING OF A TANGENT 600.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 23 0 36 1 24" A DISTANCE OF 247.21 FEET; THENCE TANGENT TO SAID CURVE SOUTH 31°27'll" WEST A DISTANCE OF 65.58 FEET TO THE BEGINNING OF A TANGENT 2500.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 12 0 22 1 08" A DISTANCE OF 539.69 FEET; THENCE TANGENT TO SAID CURVE SOUTH 43 0 49 1 19" WEST A DISTANCE OF 90.04 FEET TO THE BEGINNING OF A TANGENT 500.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 41 0 28'30" A DISTANCE OF 361.94 FEET; THENCE TANGENT TO SAID CURVE SOUTH 02 0 20 1 49" WEST A DISTANCE OF 357.49 FEET TO A POINT IN THE NORTHERLY LINE OF AN EASEMENT, 20.00 FEET IN WIDTH, GRANTED TO THE SAN MARCOS COUNTY WATER DISTRICT AND DESCRIBED IN DOCUMENT RECORDED OCTOBER 1, 1968 AS FILE NO. 170268 OF OFFICIAL RECORDS, OF THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. THE SIDELINES OF SAID STRIP SHALL BE LENGTHENED OR FORESHORTENED SO AS TO TERMINATE SOUTHERLY IN THE NORTHERLY LINE OF SAID EASEMENT TO THE SAN MARCOS COUNTY WATER DISTRICT AND SO AS TO TERMINATE EASTERLY IN THE AFOREMENTIONED EAST LINE OF THE WEST ONE HALF OF THE SOUTHEAST QUARTER OF SECTION 18. PARCEL 2: A STRIP OF LAND 10.00 FEET IN WIDTH, THE SOUTHERLY LINE OF SAID STRIP BEING THE NORTHERLY LINE OF THAT PORTION OF AN EASEMENT, 20.00 FEET IN WIDTH, GRANTED TO THE SAN MARCOS COUNTY WATER DISTRICT AND DESCRIBED IN DOCUMENT RECORDED OCTOBER 1, 1968 AS FILE NO. 170268 OF OFFICIAL RECORDS, OF THE COUNTY OF SAN DIEGO, PAGE 16 . . ORDER NO. 1043792-6 STATE OF CALIFORNIA, THE CENTERLINE OF SAID 20.00 FOOT EASEMENT BEING DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE COMMON BOUNDARY BETWEEN SECTION 19, TOWNSHIP 12 SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN, AND SECTION 24, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, ALL IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, DISTANT THEREON NORTH 0 0 03 1 05" WEST 551.11 FEET FROM THE QUARTER CORNER TO SAID SECTIONS 19 AND 24, BEING POINT "A" OF THIS DESCRIPTION. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 25. AN EASEMENT FOR TEMPORARY WORKING STRIP OF LAND, TO USE AND OCCUPY SAID TEMPORARY WORKING STRIP FOR THE PURPOSE OF CONSTRUCTING A PIPELINE AND INCIDENTAL PURPOSES IN FAVOR OF SAN MARCOS COUNTY WATER DISTRICT, RECORDED FEBRUARY 13, 1986 AS FILE NO. 86-058612 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: ONE STRIP OF LAND 15.00 FEET OF EVEN WIDTH, SAID 15.00 FOOT STRIP OF LAND LYING NORTHERLY OF EASEMENT OF RIGHT OF WAY AS DESCRIBED IN PARCEL 2 ABOVE AND TWO STRIPS OF LAND 10.00 FEET OF EVEN WIDTH, SAID 10.00 STRIPS OF LAND LYING ON EACH SIDE OF THE EASEMENT OF RIGHT OF WAY AS DESCRIBED IN PARCEL 1 ABOVE; THENCE SOUTH 72 0 32'47" WEST 144.96 FEET TO THE BEGINNING OF A TANGENT 500.00 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE WESTERLY ALONG SAID CURVE 81.62 FEET THROUGH AN ANGLE OF 09°21'll" TO A POINT ON THE EASTERLY LINE OF RANCHO AGUA HEDIONDA AS SAID RANCHO LINE IS SHOWN ON UNITED STATES GOVERNMENT SURVEY OF TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, APPROVED SEPTEMBER 17, 1915, DISTANT NORTH 02°38 1 10" WEST 690.82 FEET FROM CORNER NO. 5 OF SAID RANCHO, BEING THE TRUE POINT OF BEGINNING; THENCE RETRACING EASTERLY TO SAID POINT "A"; THENCE NORTH 72 0 32'47" EAST 425.99 FEET TO THE BEGINNING OF A TANGENT 500.00 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE EASTERLY ALONG SAID CURVE 138.00 FEET THROUGH AN ANGLE OF 15 0 48'48"; THENCE TANGENT TO SAID CURVE NORTH 56 0 43 1 59" EAST 48.56 FEET TO THE BEGINNING OF A TANGENT 200.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE EASTERLY ALONG SAID CURVE 134.26 FEET THROUGH AN ANGLE OF 33 0 17 1 41"; THENCE TANGENT TO. SAID CURVE SOUTH 84 0 4820" EAST 381.08 FEET TO THE BEGINNING OF A TANGENT 200.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE 236.89 FEET THROUGH AN ANGLE OF 67 0 51 1 51"; THENCE TANGENT TO SAID CURVE NORTH 27 0 19 1 49" EAST 70.07 FEET TO THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE 123.96 FEET THROUGH AN ANGLE OF 38 0 24'31"; THENCE TANGENT TO SAID CURVE NORTH 55 0 44 1 20" EAST 53.12 FEET TO THE BEGINNING OF A TANGENT 400.00 FOOT RADIUS CURVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE 100.41 FEET THROUGH AN ANGLE OF 14 0 23 1 00"; THENCE TANGENT TO SAID CURVE NORTH PAGE 17 A \I E . I ORDER NO. 1043792-6 1991-1992 TAX INFORMATION: CODE AREA: 09029 PARCEL NO.: 222-010-02 1ST INSTALLMENT: $31,597.83 PAID 2ND INSTALLMENT: $31,597.83 PAID LAND VALUE: $6,058,800.00 IMPROVEMENTS: EXEMPT: AFFECTS PARCELS 1 AND 2. CODE AREA: 09025 PARCEL NO.: 222-011-06 1ST INSTALLMENT: $20,636.76 PAID 2ND INSTALLMENT: $20,636.76 PAID LAND VALUE: $3,794,400.00 IMPROVEMENTS: EXEMPT: $-0- AFFECTS PARCEL 1. CODE AREA: 09029 PARCEL NO.: 222-012-01 1ST INSTALLMENT: $14,416.97 PAID 2ND INSTALLMENT: $14,416.97 PAID LAND VALUE: $2,738,700.00 IMPROVEMENTS: $-0- EXEMPT: AFFECTS PARCEL 1. CODE AREA: 09029 PARCEL NO.: 222-012-02 1ST INSTALLMENT: $10,581.51 PAID 2ND INSTALLMENT: $10,581.51 PAID LAND VALUE: $2,019,600.00 IMPROVEMENTS: EXEMPT: AFFECTS PARCEL 1. PAGE 20 . .. ORDER NO. 1043792-6 1991-1992 TAX INFORMATION: CODE AREA: 09025 PARCEL NO.: 221-012-08 1ST INSTALLMENT: $3,493.90 PAID 2ND INSTALLMENT: $3,493.90 PAID LAND VALUE: $652,800.00 IMPROVEMENTS: $-o- EXEMPT: AFFECTS PARCEL 1. CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: AFFECTS PARCEL 1. CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: AFFECTS PARCEL 3. CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: AFFECTS PARCEL 3. 09029 221-010-18 $18,068.91 PAID $18,068.91 PAID $3,488,400.00 $-0- $-0- 09027 215-031-04 $13,431.76 PAID $13,431.76 PAID $2,499,000.00 $-0 - 09037 215-030-09 $1,505.31 PAID $1,505.31 PAID $290,700.00 PAGE 21 ORDER NO. 1043792-6 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: ALL THAT PORTION OF SECTION 18 AND 19, TOWNSHIP 12 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A 2 INCH IRON PIPE WITH A DISC MARKED "RCE 9416 11 1 ACCEPTED AS THE NORTHWESTERLY CORNER OF LA COSTA MEADOWS UNIT NO. 3 1 ACCORDING TO SAID MAP NO. 7076; THENCE NORTH 005210611 EAST ALONG THE WEST LINE OF SAID SECTION 19, A DISTANCE OF 1337.52 FEET; THENCE NORTH 0 0 03'46" WEST A DISTANCE OF 565.88 FEET TO A POINT IN THE ARC OF A NONTANGENT 2000.00 FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 8 0 39 1 55" EAST; THENCE LEAVING SAID WESTERLY LINE OF SECTION 19, EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 16 0 29 1 25" A DISTANCE OF 575.62 FEET; THENCE NORTH 64 0 50 1 40" EAST 1165.58 FEET TO THE BEGINNING OF A TANGENT 2000.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 21 0 00 1 00" A DISTANCE OF 733.04 FEET; THENCE NORTH 85 0 50 1 40" EAST 92.05 FEET; THENCE NORTH 4 0 09 (20 11 WEST 688.38 FEET; THENCE NORTH 85 0 50 1 40" EAST A DISTANCE OF 749.94 FEET TO THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 19; THENCE NORTH 0 0 20 1 46 11 EAST ALONG SAID EAST LINE A DISTANCE OF 498.91 FEET TO THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 18; THENCE NORTH 0 0 42 1 37 11 WEST ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER A DISTANCE OF 291.42 FEET; THENCE LEAVING SAID EAST LIEN NORTH 16 0 13 1 00" WEST A DISTANCE OF 1640.18 FEET TO THE CENTERLINE OF ROAD SURVEY NO. 757, PALOMAR AIRPORT ROAD; THENCE NORTH 68 0 3329" EAST ALONG SAID CENTERLINE A DISTANCE OF 802.54 FEET TO THE BEGINNING OF A TANGENT 6000.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 5 0 39 1 05" A DISTANCE OF 591.81 FEET; THENCE NORTH 74 0 12 1 34" EAST A DISTANCE OF 454.40 FEET TO THE BEGINNING OF A TANGENT 3000.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 0052 '58" A DISTANCE OF 46.22 FEET TO THE EAST LIEN OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 18; THENCE SOUTH 003914011 WEST ALONG SAID EAST LINE A DISTANCE OF 2492.52 FEET TO THE NORTHEAST CORNER OF THE WEST HALF OF THE NORTHEAST QUARTER OF SAID SECTION 19; THENCE SOUTH 0 0 08 1 36" WEST ALONG THE EAST LINE OF SAID WEST HALF OF THE NORTHEAST QUARTER A DISTANCE OF 2670.01 FEET TO A 2 INCH IRON PIPE MARKED ACP 1927 ACCEPTED AS THE SOUTHEAST CORNER OF THE WESTERLY PAGE 22 ORDER NO. 1043792-6 HALF OF THE NORTHEAST QUARTER OF SECTION 19; THENCE NORTH 89 0 45'16" WEST ALONG THE SOUTH LINE OF SAID WEST HALF OF THE NORTHEAST QUARTER A DISTANCE OF 1308.48 FEET TO THE NORTH-SOUTH CENTERLINE OF SECTION 19; THENCE SOUTH 0020146 WEST ALONG SAID NORTH-SOUTH CENTERLINE A DISTANCE OF 1336.03 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 19; THENCE NORTH 89 0 46 1 50" WEST ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER TO AND ALONG THE NORTH BOUNDARY OF SAID LA COSTA MEADOWS UNIT NO. 3, MAP NO. 7076, A DISTANCE OF 3097.45 FEET TO THE POINT OF BEGINNING, EXCEPTING THEREFROM THAT PORTION GRANTED TO THE CITY OF CARLSBAD BY DEED RECORDED FEBRUARY 24, 1977 AS FILE NO. 77-068081 OF OFFICIAL RECORDS. PARCEL 2: THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP 12 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATE GOVERNMENT SURVEY THEREOF. PARCEL 3: ALL THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN,-IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, LYING NORTHERLY; NORTHWESTERLY AND NORTHEASTERLY OF A LINE DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER OF SECTION 24; THENCE NORTH 89 0 37 1 47" WEST ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER A DISTANCE OF 2635.50 FEET TO THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER; THENCE NORTH 0 0 42 1 05" EAST ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER A DISTANCE OF 2277.33 FEET TO THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED LINE; THENCE LEAVING SAID WEST LINE SOUTH 89 0 17 1 44" EAST A DISTANCE OF 480.00 FEET TO THE BEGINNING OF A TANGENT 750.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 57 0 17 1 44" A DISTANCE OF 750.00 FEET; THENCE SOUTH 320000' EAST A DISTANCE OF 425.00 FEET TO THE BEGINNING OF A TANGENT 700.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 19 0 20 1 00" A DISTANCE OF 236.20 FEET; THENCE SOUTH 51 0 20 1 00" EAST A DISTANCE OF 440.25 FEET TO THE BEGINNING OF A TANGENT 150.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 82 0 18 1 00" A DISTANCE OF 215.46 FEET; THENCE NORTH 46 0 20 1 00" EAST A DISTANCE OF 82.83 FEET TO THE BEGINNING OF A NON-TANGENT 900.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 29032 '00" A DISTANCE OF 463.91 FEET; THENCE SOUTH 73 0 10 1 00" EAST A DISTANCE OF 120.00 FEET TO THE BEGINNING OF A TANGENT 900.00 FOOT RADIUS CURVE, CONCAVE PAGE 23 ...••; I, S . ORDER NO. 1043792-6 NORTHERLY SAID CURVE BEING THE PROLONGATION OF A 900.00 FOOT CENTERLINE RADIUS OF EL FUERTE DRIVE AS SHOWN ON MAP NO. 7076, LA COSTA MEADOWS UNIT NO. 3; THENCE EASTERLY ALONG THE ARC OF SAID 900.00 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 1 0 44 1 50" A DISTANCE OF 27.45 FEET TO A POINT IN THE BOUNDARY OF SAID MAP NO. 7076, SAID BOUNDARY BEING ALSO THE EAST LINE OF THE AFOREMENTIONED SOUTHEAST QUARTER OF SECTION 24. PAGE 24 POOR QUALITY ORIGINAL (S) Ct f 1 7 CITY OF CARLSBAD 1200 CARLSBA ILLAGE DRIVE CARLSBAD, RIFORNIA 92008 438-5621 REC'D FROM_(22/It / .// t/ --L M-'rn F15 DATE_____________ ACCOUNT NO. DESCRIPTION 2867 06/23/9 000i ojMCWNT RECEIPT NO. 1328 TOTAL 19 Printed on recycled paper. •• 1' 1 PLEASE NOTE: Time limits on the processing of discretionary projects established by state law do not start until a project application is deemed complete by the City. The City has 30 calendar days from the date of application submittal to determine whether an application is complete or incomplete. Within 30 days of submittal of this application you will receive a letter stating whether this application is complete or incomplete. If it is incomplete, the leter will state what is needed to make this applic on complete. When the application is complete, the processing period will sta t u on the"te the completion letter. Applicant Signature: ,- Staff Signatuye: Date: To be stapled with receipt to application Copy for file DISCLOSURE STATEMENT APPLICANT'S STATEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPLICATIONS WHICH WILL REQUIRE DISCRETIONARY ACTION ON THE PART OF THE CITY COUNCIL OR ANY APPOINTED BOARD, COMMISSION OR COMMITTEE. (P/ease Print) The following information must be disclosed: 1. Applicant List the names and addresses of all persons having a financial interest in the application. Continental Homes 12636 High Bluff Drive Suite 300 San Diego, CA 92130 2. Owner List the names and addresses of all persons having any ownership interest in the property involved. Rancho Carrillo, Inc. do Continental Homes 12636 High Bluff Dr., St flfl San Diego, CA 92130 3. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names and addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. 4. If any person identified pursuant to (1). or (2) above is a non-profit organization or a trust, list the names and addresses of any person serving as officer or director of the non-profit organization or as trustee or beneficiary of the trust. FRM00013 8/90 2075 Las Palmas Drive • Carlsbad, California 92009-4859 --(619) 4381161 •1 (Over) Disclosure Statement Page 2 5. Have you had more than $250 worth of business transacted with any member of City staff, Board - Commissions, Committees and Council within the past twelve months? Yes - No x If yes, please indicate person(s)________________________________________ Person is defined as: 'Any individual, firm. copartnership. joint venture. association, social club. frst.mai organization, corporation, estate, trust. receiver, syndicate, this and any ether county, city and county, city municipality, district or other political subdivision, or any other group or combination acting as a unit' (NOTE: Attach additional pages as necessary.) X Signature 6 , ( Rancho Carrillo, Inc. Print or type name d Owner K . w Signature ci Continental Homes Print or type name ci applicant U FRM 13 4/91 Page 2of2 S . .. PROJECT DESCRIPTION/EXPLANATION PROJECT NAME: Corr i/ID Ron e. h L's'/Io 5 e P6-/ APPLICANT NAME: if O/f/eflD/ Homes Please describe fully the proposed project. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may also include any background information and supporting statements regarding the reasons for, Cr appropriateness of, the application. Use an addendum sheet if necessary. Description/Explanation. 6 E H II Rev. 4191 ProjDeec.frm ... 6. VILLAGE F a. Description Village F is located south of Palomar Airport Road, between Villages E & P. Village F has a gross area of 12.7 acres and a net developable area of 11.9 acres. b. Use Allocation General Plan Land Use RMH (8-15 du/ac). Growth Manement allows 136 units. C. Product Type Multifamily d. Special Design Criteria All community-wide design standards described in the Community Development Standards section of this Master Plan shall be implemented in this planning area. The following specific guidelines shall also be included in this planning area: • Site planning shall be coordinated to ensure preservation of open space views to the south. S The noise generated from Palomar Airport Road shall be mitigated per current City of Carlsbad Noise Ordinance or Policy. • All residences shall be setback a minimum of 50 feet from the Right-of- Way of Palomar Airport Road. • Landscape screening of the dwelling units shall be incorporated to soften views of these structures from Palomar Airport Road. • This village has been designated as a potential location for the provision of on-site affordable housing which per the Housing Element and Carlsbad Municipal Code will allow for modifications to the Carlsbad Zoning Ordinance and Planning Department Policies. • The development of this village shall be designated so that it provides an adequate buffer to the single family homes in village P. FA 136 . . 7. VILLAGE G a. Description Village G is located on the eastern side of Rancho Carrillo surrounded by open space. Village G has a gross area of 20.0 acres and a net developable area of 18.4 acres. This village is surrounded by open space and has the opportunities for views to the north, south and west. b. Use Allocation - General Plan Land Use RLM (0-4 du/ac) Growth Management allows 58 units. C. Product Type Single Family Development d. Special Design Criteria All community-wide design standards described in the Community Development Standards section of this Master Plan shall be implemented in this planning area. The following specific guidelines shall be included in this planning area: • Units shall be located to take advantage of views into the adjacent open space areas. • Landscaping in this area shall be compatible with existing native vegetation. Single Family Development with lots less than 7,500 square feet in size shall not be required to provide common recreational facilities if the majority of the lots in the subdivision have a lot size of 7,500 square feet or greater. In addition, this Village is completely, surrounded by open space and has several points of access to the community- trail system which provides for recreational opportunities. • An Open Space Easement shall be placed on manufactured slope areas adjacent to roadways. Slopes within residential lots shall be maintained in common and free of property line fences. • Reduced front, rear and side yard setbacks may be permitted in Village G due to its isolation and in an attempt to protect the sensitive plant species adjacent to the development. The reduced setbacks will allow for 138 .. development to pull away from the area occupied by the sensitive species. The exact amount and location of the reductions shall be determined at the time of tentative map approval. S Panhandle lots shall be permitted in this Village where it can be shown that the use of panhandle lots will allow development to be pulled away for the sensitive plant species adjacent to the developable area and increase the amount of natural open space. the use of panhandle lots is • justifiable since topography and the need to protect the sensitive species make itimpossible to adequately serve certain developable portions of this Villagg with public streets. In addition, the use of panhandle lots in Village G will not adversely impact the ability to provide full public street access to other developable areas within the Master Plan. 139 . . 16. VILLAGE P a. Description Village P is located at the northeast corner of the Master Plan between Village F and Open Space Area 5, south of Palomar Airport Road. Village P has a gross area of 25.6 acres and a net area of 23.5 acres. b. Use Allocation General Plan Land Use - RLM (0-4 du/ac) Growth Management Allows 75 units, however, per Section B. 1 of Chapter 2 of this Master Plan, Village P may be developed with up to 78 dwelling units at a • density of 3.3 du/ac which is within the density range of the RLM General Plan designation. C. Product Type • Single Family d. Special Design Criteria All community-wide design standards described in the Community Development Standards section of this Master Plan shall be implemented in this planning area. The following specific guidelines shall be included in this planing area: • The noise generated from Palomar Airport Road shall be mitigated per current City of Carlsbad Noise Ordinance or Policy. • Wherever possible, units shall be designed to take advantage of views into adjacent open space areas. 161 4 J -e STATEMENT OF AGREEMENT TENTATIVE SUBDIVISION MAP CITY OF CARLS8AO The Subdivision Map Act and the Carlsbad Municipal Code sets a Fifty (50) day time restriction on Planning Commission processing of Tentative Maps and a -thirty (30) day time limit for City Council action. These time limits can only be extended by the mutual concurrence of the applicant and the City. By accepting applications for Tentative Maps concurrently with applications for other approvals which are prerequisites to th map; i.e., Environmental Assessment. Environmental Impact Report, Condominium Plan, Planned Unit Develcoment, etc., the fifty (50) day time limits and the thirty (30) day time limits are often exceeded. If ycu wish to have your application processed concurrently, this agreement must be signed by the applicant or his acent. If you choose not to sign the statement, the City will not accept your application for the Tentative Map until all prior necessary e -titlements have been processed and approved. The undersigned understands that the proce4ing time required by the City may exceed the time limits, therefore the undersigned agrees to extend the time lImits for Planning Commission and City Council action and fully concurs with any extensions of time up to one year from the date the application was accepted as complete to properly review all of the applications. 1: 61c13 Sgnacure . Date Chris Chambers Nam. (rintJ ,, - - FORM: PLANNING 37. REVISED 3/80 owneve, Ttionship to Application (Property Owner -Agent) RECORDING REQUESTEJfY AND ) WHEN RECORDED MAIL ) City Clerk ) CITY OF CARLSBAD ) 1200 Carlsbad Village Drive ) Carlsbad, California 92008-1989 ) Space above this line for Recorder's use Parcel No. 221-010-18, 221-012-08 AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE FOR INSIDE THE BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 1 THIS AGREEMENT is entered into this 15th day of June , 19 by and between Rancho Carrillo, Inc. (name of developer-owner) a Delaware Corporation , hereinafter referred to as "Developer whose address (corporation, partnership, etc.) do Continental Homes - is 12636 High Bluff Dr., Ste. 300 San Diego, California 92130 (Street) (city, state, zip code) and the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "City", whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008- 1989. WITNESS ETH: WHEREAS, Developer is the owner of the real property described on Exhibit HATM, attached hereto and made a part of this agreement, hereinafter referred to as "Property"; and WHEREAS, the Property lies within the boundaries of City; and WHEREAS, Developer proposed a development project as follows: A tentative subdivision may and Planned Development for 118 lots on said Property, which development carries the proposed name of Carrillo Ranch Village F,G,P Form Approved By City Council July 2, 1991 Reso # 91-194/KJH S • and is hereafter referred to as "Development"; and WHEREAS, Developer filed on the day of with the City a request for Tentative Map and Planned Development permit hereinafter referred to as Requesr; and WHEREAS, the Public Facilities Element of the City General Plan requires that the City Council find that all public facilities necessary to serve a development will be available concurrent with need or such development shall not be approved (said element is on file with the City Clerk and is incorporated by this reference); and WHEREAS, Developer and City recognize the correctness of Council Policy No. 17, dated July 2, 1991, on file with the City Clerk and incorporated by this reference, and that the City's public facilities and services are at capacity and will not be available to accommodate the additional need for public facilities and services resulting from the proposed Development; and WHEREAS, Developer has asked the City to find that public facilities and services will be available to meet the future needs of the Development as it is presently proposed; but the Developer is aware that the City cannot and will not be able to make any such finding without financial assistance to pay for such services and facilities; and therefore, Developer proposes to help satisfy the General Plan as implemented by Council Policy No. 17 by payment of a public facilities fee. NOW, THEREFORE, in consideration of the recitals and the covenants contained herein, the parties agree as follows: 1. The Developer shall pay to the City a public facilities fee in an amount not to exceed 1.82% of the building permit valuation of the building or structures to be constructed in the Development pursuant to the Request. The fee shall be paid prior to the issuance of building or other construction permits for the development and shall be based on the valuation at that time. This fee shall be in addition to any fees, dedications or improvements required pursuant Form Approved By City Council July 2, 1991 Reso#91-1941KJH 2 1. . . to Titles 18, 20 or 21 of the Carlsbad Municipal Code. Developer shall pay a fee for conversion of existing building or structures into condominiums in an amount not to exceed 1.82% of the building permit valuation at the time of conversion. The fee for a condominium conversion shall be paid prior to the issuance of a condominium conversion permit as provided in Chapter 21.47 of the Carlsbad Municipal Code. Condominium shall include community apartment or stock cooperative. The terms "other construction permits", "other construction permit" and "entitlement for use" as used in this agreement, except in reference to mobilehome sites or projects, shall not refer to grading permits or other permits for the construction of underground or Street improvements unless no other permit is necessary prior to the use or occupancy for which the development is intended. Developer shall pay the City a public facilities fee in the sum of $598 for each mobilehome space to be constructed pursuant to the Request. The fee shall be paid prior to the issuance of building or other construction permits for the development. This fee shall be in addition to any fees, dedications or improvements required according to Titles 18, 20 or 21 of the Carlsbad Municipal Code. 2. The Developer may offer to donate a site or sites for public facilities in lieu of all or part of the financial obligation agreed upon in Paragraph 1 above, if Developer offers to donate a site or sites for public facilities, the City shall consider, but is not obligated to accept the offer; The time for donation and amount of credit against the fee shall be determined by City prior to the issuance of any building or other permits. Such determination, when made, shall become a part of this agreement. Sites donated under this paragraph shall not include improvements required pursuant to Titles 18 or 20 of the Carlsbad Municipal Code. 3. This agreement and the fee paid pursuant hereto are required to ensure the consistency of the Development with the City's General Plan. If the fee is not paid as provided herein, the City will not have the funds to provide public facilities and services, and the development will not be consistent with the General Plan and any approval or permit for the Form Approved By City Council July 2, 1991 Reso#91.194/KJH 3 . . Development shall be void. No building or other construction permit or entitlement for use shall be issued until the public facilities fee required by this agreement is paid. 4. City agrees to deposit the fees paid pursuant to this agreement in a public facilities fund for the financing of public facilities when the City Council determines the need exists to provide the facilities and sufficient funds from the payment of this and similar public facilities fees are available. 5. City agrees to provide upon request reasonable assurances to enable Developer to comply with any requirements of other public agencies as evidence of adequate public facilities and services sufficient to accommodate the needs of the Development herein described. 6.; All obligations hereunder shall terminate in the event the Request made by Developer is not approved. 7. Any notice from one party to the other shall be in writing, and shall be dated and signed by the party giving such notice or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever unless served in one of the following manners: 7.1 If notice is given to the City of personal delivery thereof to the City or by depositing same in the United States Mail, addressed to the City at the address set forth herein, enclosed in a sealed envelope, addressed to the City for attention of the City Manager, postage prepaid and certified. 7.2 if notice is given to Developer by personal delivery thereof to Developer or by depositing the same in the United States Mail, enclosed in a sealed envelope, addressed to Developer at the address as many have been designated, postage prepaid and certified. B. This agreement shall be binding upon and shall inure to the benefit of, and shall apply to, the respective successors and assigns of Developer and City, and references to Developer or City herein shall be deemed to be a reference to and- include their respective Form Approved By City Council July 2, 1991 Roso#91-194/KJH 4 . . successors and assigns without specific mention of such successors and assigns. If Developer should cease, to have any interest in the Property, all obligations of Developer hereunder shall terminate; provided, however, that any successor to Developer's interest in the property shall have first assumed in writing the Developer's obligations hereunder. 9. This agreement shall be recorded but shall not create a lien or security interest in the Property. When the obligations of this agreement have been satisfied, City shall record a release. Form Approved By City Council July 2, 1991 Reso I 91-1941KJH 5 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5193 State of 1 Orn '& County of_eo_} On - 3 before me, Debra _. DATE & NAME, TITLE OF OFFICER - E.G., "JANE "CJhS Chän\XS personally appeared NAME(S) OF SIGNER(S) known to me - OR - U proved to me on the basis of satisfactory evidence ,"personaHy to be the person whose name (4 isiare subscribed to the within instrument and ac- knowledged to me that he/tethey executed j çhe same in his/4'retfrttretr authorized DEBRA A. JOHNSON COMM. #962763 Notcay PtBc - Calltonlo bapacity(+es), and that by his/-her/the+r Signature on the instrument the person SAN DIEGO COUNTY or the entity upon behalf of which the VMV Comm. Expires APR 01,19 personç' acted, executed the instrument. WITNESS my hand and official seal. Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. SIGNER(S) OTHER THAN NAMED ABOVE OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove ijwaluable to persons relying on the document INDIVIDUAL ;,C ORPV ORAP OFFICER(S) TITLE(S) E] PARTNER(S) 0 LIMITED 0 GENERAL O ATTORNEY-IN-FACT o TRUSTEE(S) O GUARDIAN/CONSERVATOR O OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) -io_.pn-iu1o 1 inc. SIGNATURE qF NOTARY OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE ______ THE DOCUMENT DESCRIBED AT RIGHT: _ Y0LDLI.DY)ert_C+'i NUMBER OF PAGES_ DATE OF DOCUMENT - t i @1993 NATIONAL NOTARY ASSOCIATION . 8236 Remmet Ave., P.O. Box 7184 Canoga Park, CA 91309-7184 . . IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. DEVELOPER-OWNER: CITY OF CARLSBAD, a municipal corporation of the State of California By LL VP (signature) Chris Chambers (print name) By MARTIN ORENYAK for City Manager (title) By (signature) (print name) (title) ATTEST: ALETHA L RAUTENKRANZ, City Clerk APPROVED AS TO FORM: RONALD A. BALL City Attorney By Deputy City Attorney (Notarial acknowledgement of execution of DEVELOPER-OWNER must be attached.) Form Approved By City Council July 2, 1991 Reso # 91.1 94/KJII 'I J-1 2004 LEGAL DESCRIPTION - RANCHO CARRILLO CONTINENTAL HOMES By: JMC/cs Date: June 16, 1993 Page 1 of 1 A portion of Section 18 and 19, Township 12 South, Range 3 West and a portion of Section 24, Township 12 South, Range 4 West, San Bernardino Base and Meridian, according to the Official Plat thereof, in the City of Carlsbad, County of San Diego, State of California. LAND s6,, M. 00 e - ~-' zw- M. - NO 5059 059 O .. . RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: ) ) City Clerk ) CITY OF CARLSBAD ) 1200 Carlsbad Village Drive ) Carlsbad, California 92008-1989 ) Space above this line for Recorder's use - Parcel No. 221-010-18, 221-012-08 AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE FOR INSIDE THE BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. THIS AGREEMENT is entered into this 15th day of June , 19 by and between Rancho Carrillo, Inc. (name of developer-owner) a Delaware Corporation m , hereinafter referred to as "Developer whose address (corporation, partnership, etc.) do Continental Homes - is 12636 High Bluff Dr-., Ste. 300 SanDiego, California 92130 (street) (city, state, zip code) and the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "City", whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008- 1989. WITNESS ETH: WHEREAS, Developer is the owner of the real property described on Exhibit "A", attached hereto and made a part of this agreement, hereinafter referred to as "Property"; and WHEREAS, the Property lies within the boundaries of City; and WHEREAS, Developer proposed a development project as follows: A tentative subdivision map and Planned Development for 118 lots on said Property, which development carries the proposed name of Village F,G,P Form Approved By City Council July 2, 1991 Carrillo Ranch and is hereafter referred toi "Development'; and WHEREAS, Developer filed on the day of 19, with the City a request for Tentative Map and Planned Development permit hereinafter referred to as "Requesr; and WHEREAS, the Public Facilities Element of the City General Plan requires that the City Council find that all public facilities necessary to serve a development will be available concurrent with need or such development shall not be approved (said element is on file with the City Clerk = and is incorporated by this reference); and WHEREAS, Developer and City recognize the correctness of Council Policy No. 17, dated July 2, 1991, on file with the City Clerk and incorporated by this reference, and that the City's public facilities and services are at capacity and will not be available to accommodate the additional need for public facilities and services resulting from the proposed Development; and WHEREAS, Developer has asked the City to find that public facilities and services will be - available to meet the future needs of the Development as it is presently proposed; but the Developer is aware that the City cannot and will not be able to make any such finding without financial assistance -to pay for such services and facilities; and therefore, Developer proposes to help satisfy the General Plan as implemented by Council Policy No. 17 by payment of a public facilities fee. NOW, THEREFORE, in consideration of the recitals and the covenants contained herein, the parties agree as follows: 1. The Developer shall pay to the City a public facilities fee in an amount not to exceed 1.82% of the building permit valuation of the building or structures to be constructed in the Development pursuant to the Request. The fee shall be paid prior to the issuance of building or other construction permits for the development and shall be based on the valuation at that time. This fee shall be in addition to any fees, dedications or improvements required pursuant Form Approved By City Council July 2, 1991 Reso # 91-194/KJH 2 • to Titles 18, 20 or 21 of the Carlsbad Municipal Code. Developer shall pay a fee for conversion of existing building or structures into condominiums in an amount not to exceed 1.82% of the building permit valuation at the time of conversion. The fee for a condominium conversion shall be paid prior to the issuance of a condominium conversion permit as provided in Chapter 21.47 of the Carlsbad Municipal Code. Condominium shall include community apartment or stock cooperative. The terms "other construction permits", "other construction permit" and "entitlement for use" as used in this agreement, except in reference to mobilehome sites or projects, shall not refer to grading permits or other permits for the construction of underground or Street improvements unless no other permit is necessary prior to the use or occupancy for which the development is intended. Developer shall pay the City a public facilities fee in the sum of $598 for each mobilehome space to be constructed pursuant to the Request. The fee shall be paid prior to the issuance of building or other construction permits for the development. This fee shall be in addition to any fees, dedications or improvements required according to Titles 18, 20 or 21 of the Carlsbad Municipal Code. 2. The Developer may offer to donate a site or sites for public facilities in lieu of all or part of the financial obligation agreed upon in Paragraph 1 above. If Developer offers to donate a site or sites for public facilities, the City shall consider, but is not obligated to accept the offer. The time for donation and amount of credit against the fee shall be determined by City prior to the issuance of any building or other permits. Such determination, when made, shall become a part , of this agreement. Sites donated under this paragraph shall not include improvements required pursuant to Titles 18 or 20 of the Carlsbad Municipal Code. 3. This agreement and the fee paid pursuant hereto are required to ensure the consistency of the Development with the City's General Plan. If the fee is not paid as provided herein, the City will not have the funds to provide public facilities and services, and the development will not be consistent with the General Plan and any approval or permit for the Form Approved By cfty Council July Z 1991 Re" #f1-194/KIH W. . Development shall be void. No building or other construction permit or entitlement for use shall be issued until the public facilities fee required by this agreement is paid. 4. City agrees to deposit the fees paid pursuant to this agreement in a public facilities fund for the financing of public facilities when the City Council determines the need exists to provide the facilities and sufficient funds from the payment of this and similar public facilities fees are available. 5. City agrees to provide upon request reasonable assurances to enable Developer to comply with any requirements of other public agencies as evidence of adequate public facilities and services sufficient to accommodate the needs of the Development herein described. 6. All obligations hereunder shall terminate in the event the Request made by Developer is not approved. 7. Any notice from one party to the other shall be in writing, and shall be dated and signed by the party giving such notice or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever unless served in one of the following manners: 7.1 If notice is given to the City of personal delivery thereof to the City or by depositing same in the United States Mail, addressed to the City at the address set forth herein, enclosed in a sealed envelope, addressed to the City for attention of the City Manager, postage prepaid and certified 7.2 If notice is given to Developer by personal delivery thereof to Developer or by depositing the same in the United States Mail, enclosed in a sealed envelope, addressed to Developer at the address as many have been designated, postage prepaid and certified. 8. This agreement shall be binding upon and shall inure to the benefit of, and shall apply to, the respective successors and assigns of Developer and City, and references to Developer or City herein shall be deemed to be a reference to and include their respective Form Approved By city Council July 2, 1991 Reso # 91.194/KJH 4 .' successors and assigns without-specific mention of such successors and assigns. If Developer should cease, to have any interest in the Property, all obligations of Developer hereunder shall terminate; provided, however, that any successor to Developer's interest in the property shall have first assumed in writing the Developer's obligations hereunder. 9. This agreement shall be recorded but shall not create a lien or security interest in the Property. When the obligations of this agreement have been satisfied, City shall record a release. FA Form Approved By City Council July 2, 1991 Reso#91.194/KJH 5 2 IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. DEVELOPER-OWNER: By )(L v (signature) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CITY OF CARLSBAD,a municipal corporation of the State of California M. - No. 6193 State of La. County of Sa n On 3 before me, _Deb -a DATE L NAME, TITLE OF OFFICER - E.G., ,JANE DO, NOTARY OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove ivaluable to persons relying on the document. INDIVIDUAL 9CORP ,RA OFFICER(S) TITLE(S) o PARTNER(S) []LIMITED • . 0 GENERAL O ATTORNEY-IN-FACT O TRUSTEE(S) O GUARDIAN/CONSERVATOR O OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) P)pr\—)p .7trn ) Lo 1 IrC. 7bLcUO4. f&--uueiv------- j cDrp. SIGNATUREF NOTARY OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT 1( /CUD ner ' THE DOCUMENT DESCRIBED AT RIGHT: f0F p'-4 -t----e- NUMBER OF PAGES DATE cDOCUMENT _L. -. Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. SIGNER(S) OTHER THAN NAMED ABOVE ©1993 NATIONAL NOTARY ASSOCIATION .8236 Remmet Ave., P.O. Box 7184- Canoga Park, CA 91309-7184 —J Deputy City Attorney (Notarial acknowledgement of execution of DEVELOPER-OWNER must be attached.) Form Approved By City Council July Z 1991 Reso 0 91-194/KJH personally appeared Ch8xnbX.s NAME(S) OF SIGNER(S) ,1persona!ly known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person( whose name(4 stare subscribed to the within instrument and ac- knowledged to me that hefsFiethey executed . he same in his/fterl-ttretr authorized DEBRA A. JOHNSON bapacityes), and that by his/1ef4he4f COMM. #962763 signature on the instrument the person Notaiy Public - Colifornêo or the 'ntity upon behalf of which the SAN DIEGO COUNTY j 4jy Comm. ExpresAPROL19I persons' acted, executed the instrument. WITNESS my hand and official seal. . . J-1 2004 LEGAL DESCRIPTION - RANCHO CARRILLO CONTINENTAL HOMES By: JMC!cs Date: June 16, 1993 Page 1 of 1 A portion of Section 18 and 19, Township 12 South, Range 3 West and a portion of Section 24, Township 12 South, Range 4 West, San Bernardino Base and Meridian, according to the Official Plat thereof, in the City of Carlsbad, County of San Diego, State of California. co I I 4,i L :,1 r 4 Th.. •' •. c•. • • I.,.. •: •,1 .•. 'I 1 JI t til' •. L.• 13 4raw "W — ge E9;4 rnn '?-• : +460 I, "- \\'4;• /' I \ \ —50' Setback ' -1 — j —20' Setback +390 r N111.101 -1, ui.i.i19 Design Criteria 47 Village F R A N C H 0 20' Setback - -. \\\ 10' Setback '&% I +445 : Location variable 20' Setback r %\ +410/ 4? i.acces Al +420 — +395 10 7 LEGEND Land Use: RMH Village Entry Product: MF * w/Monumenation Max. Yield: 136 Solid Wall # Open Fence Resource Fence .' Trail Trail head ;) Recreation Facility Distant i1e_!7 View Streetscape View VAIN. IIABNKtLM I t % \\\ -------------- I \ ) - --- -. ..- ------ - J / \\ * Village Entry with Monumentation Solid Wall 000 Open Fence K N 1 - - - .4 R A- N C H 0 Prffigm ' no scale Resource Fence Trail Trail Head Recreation Facility Distant View Streetscape View * Public Street with Sidewalk on One Side LAND USE DATA Land Use: RLM Product: SF0 Max. Yield: 58 Design Criteria Village G 48 1 Design Criteria I Village Pt Village Entry with Monument ation Solid Wall 455 Open Fence 00 Resource Fence \ I I - \ N K \ S• r — ' ' ..S • \ p_____-' - _i;IZ • e.Ie• Trail i. I ( C •--: A ::; NN \ A' •.___'\ \ i b• ? , ::: Facility Distant View 397 : ' S Public Street with Sidewalk on One Side Land Use: RLM Product. SFD LANDt A