Loading...
HomeMy WebLinkAboutCT 96-02; Terraces at Sunny Creek; Tentative Map (CT)I) APPLICATIONS APPLIED FOR: (Ct.WJK BOXES)I CITY OF CARLSBAD LAND USE REVIEW APPLICATION!FOR PAGE I OF 2 (FORDEPT USE ONLY) (FORDEPT USE ONLY) Q Master Plan Q Specific Plan Amendment Q Precise Development Plan pWj Tentative Tract Map [X3j Planned Development Permit (~j Non-Residential Planned Development [~] Condominium Permit J5 Special Use Permit Q Redevelopment Permit Q] Tentative Parcel Map Obtain from Eng. Dept [~"| Administrative Variance [~~| Administrative Permit - 2nd Dwelling Unit -Of D D D | | [~j Q | [ j [ 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 Determination List any other applications not spccificed %-oz. r'so 2) LOCATION OF PROJECT: ON THE (NORTH. SOUTH EAST, WEST BETWEEN jthe future College B (NAME OF STREET) East SIDE OF 1 ]|/d MiD Faraday Avenue (NAME OF STREET) 3) BRIEF LEGAL DESCRIPTION: | Parcels 1 - 10 of Carlsbad Tract No. El Camino Real (NAME OF STREET) 83-36 and portions of Lot B of Rancho Agua Hedionda 2-c? 2 '•'£ r i 4) ASSESSOR PARCEL NOfSI. 1 2OT-nqn-i ,?^J4)'i ,^,7 .R.Q ,10J? and 5) LOCAL FACILITIES Pi5 1 6) EXISTING GENERAL PLAN U/c MANAGEMENT ZONE ' ' DESIGNATION 8) EXISTING ZONING | Q JQ_^ 9) 11) PROPOSED NUMBER OF 1?a 12 RESIDENTIAL UNITS Ol PROPOSED ZONING RD ) PROPOSED NUMBER ... PLOTS J 183 portions of 209-060-59 /J 7) PROPOSED GENERAL PLAN m DESIGNATION M 10) GROSS SITE [ 40 .VI ACREAGE 13) TYPE OF SUBDIVISION (RESIDENTIAL. COMMERCIAL .INDUSTRIAL) 14) NUMBER OF EXISTING RESIDENTIAL UNITS 15) PROPOSED INDUSTRIAL | Nonfi OFFICE/SQUARE FOOTAGE None | 16) PROPOSED COMMERCIAL None | SQUARE FOOTAGE NOTE: A WtOMSED WOJECf SEQIWWttTHAT MOtTTPLS AmiCATtOXSBE RUED htOSTBE WBMItn3> WIOK;TOJi3* *M FRM00016S 4B CITY OF CARLSBAD 0L ^F LAND USE REVIEW APPUCATION FOPlH PACE 2 OF 2 17) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE 18) PROPOSED SEWER USAGE IN EQUIVALENT DWELLING 19) PROPOSED INCREASE (N AVERAGE DAILY TRAFFIC f 23X UNITS 178 1780 20) PROJECT NAME: | The Terraces at Sunny Creek 21) BRIEF DESCRIPTION OF PROJECT:Single Family Detached Residential Project S'.f >...'••"••'• . •'" '• • ' '• , - " 22) IN THE PROCESS OF REVIEWING THIS APPUCATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMBERS. OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECTXfoTHIS APPUCATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE _/s'? ,^^^^Yy/^^^^^ SIGNATURE SIGNATURE SIGNATURE 23) OWNER NAME (PRINT OR TYPE) Martha A. Pi 1 1 sbury CanAm Properties LLC Marjess J. Evans MAILING ADDRESS 5850 Avenida Encinas, Suite A CITY AND STATE ZIP TELEPHONE Carlsbad, CA 92008 (619) 438-3141 I CERTTTY THAT 1 AM THE LEGAL OWNER AND THAT ALL THE ABOVE INKMMATION IS TRUE AND COBJUCT TO THE BEST OF . ) , *?[ .s js, / . i i/ . Martha A. Pillsbury iV/l tfs&MfFqfof [.^fyjbMvKH. Russell W. Grosse, P'resident Marjess J. Evans 24) APPUCANT NAME (PRINT OR TYPE) Martha A. Pillsbury CanAm Properties LLC Marjess J. Evans MAILING ADDRESS 5850 Avenida Encinas. Suite A CITY AND STATE ZIP Carlsbad, CA 92008 TELEPHONE (619) 438-3141 1 CERTIFY THAT 1 AM THE IXCAL OWHERU UFUSEKTATTVE AND THAT ALL THE ABOVE MTOKMATION B TRUE AND COMUCT TO THEBEST or MY mowuocc. SIGNATURE DATE Martna A- P111sbu 'RusseTTvT GTOSSE, President Marjess J. Evans FOR CITY USE ONLY FEE COMPUTATION: APPUCATION TYPE •spR ftof-g] Cf qn . 07! ?^D % • o^~ tftv 9(b • ci- "S^P Qtc? • O\ sop ^(o - O~L TOTAL FEE REQUIRED DATE FEE PAID FEE REQUIRED noo . oo lO&lSb. C& \(0~i~2. CD HCO . CD 1 I ^O . DO 760. Cf) a537"7.o9 ~Z . 2/.o • e=>&> •T".;- ' ;: •7"'^n- --• -^_ • J . s4 U KB 2 8 1335 DATE STAMP APPUCATION RECEIVED RECEIVED BY: -Tr^"|^ RECEI \^T PTNO. -Z73^3> • f City of CarlsbaH Rlanning Department DISCLOSURE STATEMENT APPLICANTS STAT5VENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPLICATIONS WHICH WILL a£GUi«6 3.SCSETICNASY ACTION ON THE PART OF THE CfTY COUNCIL OR ANY APPOINTED BOARD. COMMISSION OR CCMMfTTEE. ' Please Print) The following information must be disclosed: 1. Applicant List the names and addresses of all persons having a financial interest in the application. CanAm Properties LLC Martha A. Pillsbury 5850 Avenida Encinas, Suite A Marjess J. Evans 2. Carlsbad, CA 92008 4429 Ohio Street San Diego, CA 92116 List the names and addresses of all persons having any ownership interest in the property involved. CanAm Properties LLC Martha A. Pillsbury 5850 Avenida Encinas, Suite A HarjessJ. Evans Carlsbad, CA 92008 4429 Ohio Street San Diego, CA 92116 3. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names at addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnersr interest in the partnership. 1.) Russell H. Grosse 3.) Paul 6roat 5850 Avenida Encinas. Suite A Bob Pain _^ Carlsbad, CA 92008 Financial Asset Management, Ltd. 27)James B. Panther 1530-625 Howe Street 2424 Vista May, Suite 300 Vancouver, B.C.. Canada V6C2T6 Oceanside, CA 92054 4. If any person identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the names a addresses of any person serving as officer or director of the non-profit organization or as trustee or benefici; of the trust. N/A FRM00013 8/90 2O7S Las Palmas Oriv« • Carlsbad, California 92OO9-4859 • (619) 438-1161 Disclosure Statement Page 2 5. Have you had more tf?an 5250 worth of business transacted with any member of City staff, Boards, Commissions, Committees and Council within the past twelve months? Yes No // yes, please indicate person(s) P«non ia daflnad aa: 'Any Individual, firm. copartnanMp. Joint venture, naodrtnn. syndicata, trtla and any othar county, etty and county, city municipality. dMrict or unit* •octal dub, fraternal organization, corporation, Mtata. truat r«c«iv« political mbdrviaion, or any othar group or combination acting a* (NOTE: Attach additional pagw a* rNcassary.) Signature of Owner/date Signature of applicant/elate Russell H. Grosse, President Print or type name of owner Russell W. Grosse, President Print or type name of applicant Signature of Owner/date Signature of applicant/date Martha A. Plllsbury Print or type name of owner Martha A. Pillsbury Print of type name of applicant Signature of Owner/dage Signature of applicant/date Marjess J. Evans Print or type name of owner Marjess J. Evans Print or type name of applicant FRM0001 12/91 City of Cftrlsbad Rlanninq Department DISCLOSURE STATEMENT STATEMENT OF SiSCLCSUPE OF CERTAIN OWNERSHIP INTERESTS ON AU. APPUCATIQNS WHICH WllT 2.SCBET,CNARY ACTION ON Tn£ PART OF THE C.TY COUNCIL OB ANY APPOINTED BOARD. COMMISSION OR COMMOTES (Please Print) The following information must be disclosed: 1. Applicant List the names and addresses of all persons having a financial interest in the applicationCanAm Properties, L.L.C. rr 2. 5850 Avenida Enemas Suite A Carlsbad, CA 92008 Owner List the names and addresses of all persons having any ownership interest in the property involved. CanAm Properties, L.L.C. 5850 Avenida Encinas Suite A CA 92008 Marinas 5040 Cliff Place San Diego, CA 72TTF If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names anc addresses of all individuals owning more than 10% of the shares in the corporation or owning any partrersh:p interest in the partnership. 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 92OO9-4859 • (619) 43S-1161 Disclosure Statement (Over) Page 2 5. Have you had more than $250 worth of business transacted with any member of City staff. Scares Commissions. Committees and Council within the past twelve months? Yes No _•/_ If yes, please indicate person(s) P«non is d«fin«d aa: "Any individual, firm. copartnership, joint vanturt. association, social club. fratarnal organization, corporation, «statr trust. r«c«iv«r. syndicate, this and any otnar county, crty and county, city municipality, district or other political subdivision, or any otnar group or combination acting a» a unit* (NOTE: Attach additional pages as necessary.) CanAm Properties, L.L.C. Signature of Owner/date CanAm Properties, L.L.C. Signature of applicant/date Print or type name of owner f... )Signature /pf Owner /date7 Marjess J. Evans Print or type name of owner Print or type name of applicant CanAm Properties, L.L.C. Signature of applicant /date Russell W. Grosse • Print or type name of applicant FRM00013 8/90 Housing Commission Review Application The Terraces at Sunny Creek Supplemental Page 4 VI. APPLICATION SIGNATURES Property Owner Name, Address and Telephone No. I, the undersigned, do hereby certify that I am the legal owner of the subject property and that the above information is true and correct to the best of my knowledge. Signature /^(^^ \K t—~-~) Date__^ "•-—. y^" yf ' """" ..-..m.j.j™™™ Marj ess Evans/7 \/ I, the undersigned, do hereby certify that I am the representative of the legal owner of the subject property and that the above information is true and correct to the best of my knowledge. Applicant Signature: /W^^^7^ Date 3 CanAm Properties, L.L.C. / The project is a small lot residential use comprised of 183 single family dwelling lots at the southeast corner of El Camino Real and the future College Boulevard. As an outgrowth of the small lot guidelines and the nature of the site, a "Z-Lot" configuration was chosen to best utilize the existing terrain and preserve a sense of openness within the project. There will be four 2-story floor plans offered, each with three elevation styles to be evenly distributed throughout the project. The plans range in size from 1600 square feet to over 2500 square feet and offer a variety of options both internal and external, which lend an additional dimension of interest and diversity to the street scene. In keeping with the Z-Lot design all plans have large private side yard while maintaining views to rear.. It is our opinion that this approach provides the best combination of privacy for individual homeowner and view preservation for the general public. The proposed project, 177 market rate single family homes with 24 second units will require that approval of the concurrent approval of the following discretionary applications: General Plan Amendment - Change the existing General Plan from RHC/O to RM. Zone Change - Change the existing Zoning from O to RD-M Specific Plan Amendment - Rescind the existing Sycamore Creek Specific Plan Tentative Tract Map Planned Development Permit Hillside Development Permit Special Use Permit - El Camino Real Scenic Corridor Special Use Permit - Flood Plain Overlay Zone Page 1 of 2 CITY OF CARLSBAD COUNCIL POLICY STATEMENT Policy No. 43_ Date Issued 4/22/97, Effective Date A/22/97 Cancellation Date Supersedes No. General Subject: Specific Subject: Proposition E "Excess" Dwelling Unit Allocation Formal Procedure Establishing Guidelines for Allocation of* Proposition E "Excess" Dwelling Units Copies to: City Council, City Manager, City Attorney, Department and Division Heads, Employee Bulletin Boards, Press, File PURPOSE To establish guidelines for allocation of "excess" dwelling units when, following the adoption of all residential Local Facilities Management Plans within a quadrant, the Proposition E quadrant cap is greater than the number of dwelling units approved or issued after November 4, 1986, plus the allowable units per the Growth Management Control Points. STATEMENT OF POLICY Although it should not be mandatory that excess dwelling units be allocated if they become available and it would be desirable to not attain the ultimate residential dwelling unit caps established by the adoption of Proposition E, the following criteria is established to determine eligibility for consideration of "excess" dwelling unit allocation, subject to the required findings in Proposition E. Projects eligible for consideration in order of priority include: First Priority 1. Housing development for lower-income households where allowable housing expenses paid by the qualifying household does not exceed thirty percent (30%) of the gross monthly income, adjusted for household size, at eighty percent (80%) of the county median income. Density transfers, clustering of development and dwelling unit locational adjustments which are proposed in order to preserve larger areas of sensitive habitat. 3. Infill Single Family Subdivisions that meet all development standards and where proposed lot sizes will be equal to or greater than adjacent subdivided properties. u\ccroucYOoc Page 2 of 2 cu.rnnd Priority 1. Senior citizen housing as defined by Carlsbad Municipal Code Section 21.18.045. 2. Transit oriented development projects where increased residential density is being placed in close proximity to major transit facilities and commercial support services. 3. Projects within the existing general plan density range that provide, without compensation, for some significant public facility not required as part of the development process. Third Priority 1. Housing development for moderate income households where allowable housing expenses paid by these qualifying household does not exceed thirty percent (30%) of gross monthly income, adjusted for household size, at 120 percent (120%) of the county median income. 2. Projects proposing a zone change from non-residential to residential based upon the following findings: a. The property was zoned for other than residential use on July 1986. b. The property is compatible for residential use without significant mitigation. c. The density of the project does not exceed the Growth Management Control Points of any adjacent residential property. 3. Infill multi-family projects that meet all development standards and where the resulting density does not exceed adjacent, existing multi-family projects. Application of the priority levels should be based on the total number of excess units available in a quadrant. The purpose of having three priority levels is to address the issue of having only a minimal number of excess units available in a quadrant at any one particular point in time. If there are only a minimal number of excess units available in a quadrant, then the units should only be used for a First Priority project. Conversely, if there are a substantial number of excess units available in the quadrant, allocation to a Second or Third Priority project is acceptable. Regarding the use of excess dwelling units for affordable housing, the intent of this policy is to work in conjunction with and to aid in implementing the programs of the Housing Element including the Inclusionary Housing Ordinance and the Density Bonus Ordinance. If a substantial allocation of excess dwelling units are being requested pursuant to item no. 1 of the First Priority, the project should then, however, exceed the basic numerical requirements of these ordinances regarding the provision for lower income units. 'tiiylulljyHUSERS\lfAUUWORD\AI1irtMjlt\CtTOLICY DOC \ MAV 0 § m APPLICABILITY The attached application should be completed and submiedton!MWuj£^^rRedevelopment Department at 2965 Roosevelt Street, Suite B, Carlsbad, Ca. for all Affordable Housing Projects, including those proposed under Carisbad's Inclusionary Housing Ordinance, if: • The project is greater than fifty (50) units; and/or • The applicant requests financial assistance or other incentives from the City for the proposed project. The Housing Commission's action is advisory to the City Council and is independent of the actions of the Planning Commission. The recommendations of both the Planning Commission and the Housing Commission will be presented to the City Council for consideration. The City Council is the ultimate decision authority. The Housing Commission will review and comment on three (3) major aspects of the project: 1. 'A project's ability to effectively serve the City's housing needs and priorities as expressed in the Housing Element and Comprehensive Housing Affordability Strategy; 2. A project's consistency with the City's affordable bousing policies as expressed in the Houjing Element, Inclusionary Housing Ordinance, General Plan and other related documents; and, 3. A project's feasibility, with emphasis on prospective sources of subsidy, including any proposed City financial assistance and/or incentives. n. PROCESS An applicant shall complete the attached application, provide all required attachments to the application and submit the completed package to the Housing and Redevelopment Department at 2965 Roosevelt Street, Suite B, in Carlsbad. Please note that the applicant must submit an additional nine (9) copies of the Site Development Plan(s) for the Affordable Housing Project at least seven (7) days prior to the date the project is scheduled for review by the Housing Commission. When the application is deemed to be complete by Housing and Redevelopment Staff and any outstanding issues have been resolved, the Affordable Housing Project will be scheduled for review by the Housing Commission. A staff report and recommendation will be presented to the Housing Commission with the basic project information submitted within the attached application. Depending on the readiness of a project, the initial action of the Housing Commission on an affordable housing project may not include a recommendation to support the project with specific types of financial assistance or incentives. Housing Commission meetings are scheduled for the second Thursday of each month at 6:00pm in the City Council Chambers located at 1200 Carlsbad Village Drive. Whenever possible, affordable housing project review will occur during the regularly scheduled meetings. However, if necessary, special meetings of the Commission may be held in order to expedite projects through this review process. The recommendation of the Housing Commission will be forwarded to the City Council at the same time the Planning Commission's action is presented to the City Council. HI. COMMENTS OR QUESTIONS If you have any comments or questions regarding the process or the application for the Housing Commission's review of affordable housing projects, please contact the Housing and Redevelopment Department at (619) 434-2811. 2965 Roosevelt St., Ste. B • Carlsbad, CA 92008-2389 • (619) 434-2810/2811 • FAX (619) 720-2037 v-ii i ur HOUSING COMMISSION REVIEW AFFIXATION I. APPUCANT/DEVELOPMENT TEAM INFORMATION Name of Applicant: CanAm Properties, L.L.C. Mailing Address: 5850 Avenida Encinas, Suite A, Carlsbad, CA 92008 Telephone No.: (760) 435-3141 Identify Development Team (Ie., developer, builder, architect, etc.): CanAm Properties, L.L.C. (developer/builder); Manitou Engineering; Groth Architects; Hofman Planning Associates; Bassenian / Lagoni Architects H. GENERAL PROJECT INFORMATION Project Name; The Terraces at Sunny Creek Describe General Location of Project: Northeast intersection of El Camino Real and College Boulevard, Project Address: N/A Site Parcel No(s).: 209-060-59? 209-090-12 and 209-090-10 Total Number of Affordable Units Required (if applicable): 31 Total Number of Affordable Units Proposed: 78 Type of Units (ie., garden apartments, detached, etc.): 50 apartment units and 28 second units Size On square feet) of each Unit: Studio = 437 sq. ft.; One bedroom = 636 sq. ft. Two bedroom = 811 sq. ft. and 786 sq. ft.; Three bedroom = 1,106 sq. ft. Second units =610 sq. ft. 20 two bedroom; 6 three bedroom; 28 secondaryUil 1L o Describe any special features/amenities to be included within project: This project will feature a Tot Lot and BBQ and picnic areas. Housing Commission Review Application Page 1 12 g 93 ID. TERMS OF AFFORDABILITY FOR AFFORDABLE UNITS (ATTACj^ADDITIONAL INFORMATION IF NECESSARY) Targeted Income Levels (as % of area median): ""% Target Population (ie., families, seniors, etc): Families Monthly Rent (by bdr. size) or Sales Price of Units: Per City requirements for households earning 80% of the area's median income. Tenn of Affordability (ie., 30 yrs, life of project, etc.): Lif e of project Projected Schedule for Construction of Affordable Housing Units: Construction to start in late 1998. If the affordable units are being constructed to satisfy the City of Carlsbad's Inciusionary Housing requirement, how will they be phased with respect to construction of the market rate units? Please Explain Project Phasing: The secondary units will be built concurrently with the market rate units. Construction of the affordable multi family project will start prior to the issuance of the 38th building permit for the single family portion of the project. Once construction of the multi family portion of the siue commences, it will continue to keep iace with the construction of the single family units so that at least 30% of all units constructed Will h^ af-Fn-rrlahl o IV. FINANCIAL INFORMATION ON AFFORDABLE HOUSING PROJECT Please attach a copy of development and operating financial proformas showing sources and uses of funds to accomplish the affordable units proposed in this application. In the proformas, please identify your subsidy sources and appropriate justifications for use of these sources. Describe the local financial assistance or incentives, if any, including specific terms desired for the affordable bousing project which you are, or will be, requesting from the City of Carlsbad: No financial assistance or incentives will be requested from the City of Carlsbad at this time. Identify any other project conditions which may be relevant to project feasibility: Housing Commission Review Application Page 2 12/8/93 V. REQUIRED ATTACHMENTS TO APPLICATION Trie following items must be attache^K this application: • Site Development Plan for Affordable Housing Units; • Narrative describing how the project meets the Housing Needs and Priorities as expressed within the City of Carlsbad's Housing Element and Comprehensive Housing Affordability Strategy; • Narrative on the project's consistency with the City of Carlsbad's Affordable Housing Policies as expressed in the Housing Element, Inclusionary Housing Ordinance, General Plan and other related documents; • Development and Operating Financial Proformas indicating sources and uses of funds for the project, including justification and identification of subsidy sources; • Complete description of financial assistance or incentives including specific terms that are, or will be requested from the City of Carlsbad for the project, if applicable; and, • Completed Disclosure Statement of Ownership Interests within the project. VI. APPLICATION SIGNATURES Property Owner Name, Address and Telephone No.: I, the undersigned, do hereby certify that I am the legal owner of the subject property and that the above information is true - id correct to the best of my knowledge. Signature ./M &sy^~- jx x^-^^J Date -^-^ It the undersigned applicant, do hereby certify that I am the representative of the legal owner of the subject property and that the above information is true and correct to the best of my knowledge. CanAm Properties, L.L-.C. THE BOX BELOW IS FOR CITY USE ONLY Date Application Received: • Application Received By: Staff Recommendation: Date of Housing Commission Review: Action on Application by Housing Commission: Other Comments: Housing Commission Review Application Page 3 12/893 EASEMENT PURCHASE AGREEMENT AND ESCROW INSTRUCTIONS This Easement Purchase Agreement and Escrow Instructions (the "Agreement") is made and entered into effective A-priF 3 , 2000, by and between HOLLY SPRINGS, LTD., a California limited partnership ("SELLER"); and THE TERRACES AT SUNNY CREEK LLC, a California limited liability company, and/or its assigns ("BUYER"). This Agreement is entered into with reference to the recitals set forth below and constitutes (1) a contract for the purchase of an open space conservation easement between BUYER and SELLER, and (2) escrow instructions to Chicago Title Company (the "Escrow Holder"), whose consent appears at the end of this Agreement. RECITALS (A) SELLER is the owner of certain real property located in the City of Carlsbad, County of San Diego, California, more particularly described in Exhibit "A" attached hereto (the "Property"). The Property consists of approximately two hundred thirty one (231) acres of undeveloped land. SELLER intends to irrevocably dedicate a portion of the Property to public use as permanent open space in order to mitigate the environmental effects of SELLER'S development of an adjoining parcel of land. SELLER further intends to sell a substantial portion of the remaining acreage to other parties for open space conservation purposes. (B) BUYER is in the process of developing residential housing and other improvements on 172 lots and related land it owns hi the City of Carlsbad, California. In order to mitigate the environmental effects of its development, the City of Carlsbad has required BUYER to acquire a permanent open space conservation easement over five (5) acres of coastal sage scrub with an understory of native grassland within the City of Carlsbad, which land shall be maintained at BUYER'S expense and irrevocably dedicated to public use as permanent open space. (C) SELLER wishes to sell and BUYER wishes to buy a permanent open space easement over five (5) acres of the Property, which shall consist of coastal sage scrub with an understory of native grassland (the "Easement"), for the price and on the terms and conditions set forth in this Agreement. The legal description for the Easement is attached hereto as Exhibit "B". NOW, THEREFORE, with reference to the foregoing recitals, which are incorporated herein by this reference, and for valuable consideration, the receipt and sufficiency of which are hereby acknowledged, SELLER and BUYER agree as follows: d/979/a/41b ARTICLE I PURCHASE PRICE 1.1 Deposit by BUYER. The purchase price for the Easement shall be Ninety Five Thousand Dollars ($95,000) (the "Purchase Price"). The sum of Two Thousand Five Hundred Dollars ($2,500.00) will be deposited upon execution of this Agreement with the Escrow Holder, and credited (along with any accrued interest) against the Purchase Price at close of escrow (the "Deposit"). Escrow Holder will place the Deposit into an interest bearing account, with the interest accruing for the benefit of BUYER, unless BUYER defaults under this Agreement. 1.2 Payment of Balance of Purchase Price. If BUYER has not already exercised its right to terminate the Agreement, on the Closing Date (as defined in paragraph 2.1 below), BUYER will pay to Escrow Holder the balance of the Purchase Price and BUYER shall deposit sufficient funds with Escrow Holder to pay for its share of closing costs and prorations as described in paragraph 4.2 below. The deposit will be released to SELLER by the Escrow Holder at the close of escrow. In addition, BUYER will pay through escrow an endowment of One Thousand Five Hundred Dollars ($1,500.00) per acre for a total of Seven Thousand Five Hundred Dollars ($7,500.00) to the California Department of Fish & Game to satisfy all long term management and maintenance requirements for the Easement. ARTICLE II CLOSING 2.1 Closing Date. Escrow shall close on or before May 8, 2000 (the "Closing Date"). ARTICLE III CONDITIONS TO CLOSING 3.1 Conditions Precedent to BUYER'S Performance. d/979/a/41b The close of escrow and consummation of the purchase of the Easement is subject to and contingent on the satisfactory performance of all of the following obligations and conditions, any or all of which BUYER may waive in writing: (a) Preliminary Title Report. Upon the opening of escrow, Escrow Holder shall immediately order a copy of a preliminary title report for the Property from Chicago Title Company, and if any, copies of any covenants, conditions, and restrictions affecting the Easement. Upon receipt of the preliminary title report, Escrow Holder will forward the report to BUYER, who will have 5 days from receipt to disapprove by written notice provided to Escrow Holder and SELLER any liens, encumbrances, covenants, conditions, restrictions, easements or other matters affecting title appearing in the preliminary title report. BUYER'S failure to deliver to SELLER and Escrow Holder within such time period BUYER'S written disapproval of any item in the preliminary title report shall be deemed BUYER'S approval of such item. In case of BUYER'S timely disapproval of any such item, SELLER shall have a period up to and including the Closing Date to remove or eliminate any disapproved items, or obtain a title insurance policy, in a form reasonably acceptable to BUYER, insuring over the disapproved item(s). If such disapproved items are not removed or eliminated on or before the Closing Date, BUYER, may, in BUYER'S sole discretion, and within 10 days after the Closing Date, by written notice to SELLER and Escrow Holder waive its disapproval of such items or this condition. Such written notice shall constitute BUYER'S approval of such items or conditions. Unless BUYER timely gives written notice waiving its disapproval by the Closing Date, this Agreement and all of the rights and obligations of the parties under this Agreement shall be terminated and be of no further force or effect. If BUYER timely gives written disapproval of any matters affecting title, and SELLER immediately attempts to cure the defects or matters after receiving notice of such disapproval, the Closing Date may be extended by written agreement of both parties, if necessary, to the date SELLER either removes or eliminates the disapproved item(s), or BUYER waives its disapproval. If BUYER disapproves the preliminary title report and does not subsequently waive such disapproval, and SELLER, at SELLER'S sole and absolute discretion, is unwilling or unable to remove or eliminate any disapproved items prior to the Closing Date, as it may be extended by the parties, this Agreement shall terminate, the parties' rights and obligations thereunder shall terminate, each party shall be released from its obligations hereunder, and BUYER shall be entitled to a return of its Deposit. Notwithstanding the foregoing, SELLER shall not be obligated to remove any exception to the preliminary title report, or to bring any legal action or proceeding or bear any expense to enable SELLER to convey title to the Easement in accordance with this Agreement or otherwise make title to the Easement marketable or insurable. BUYER'S d/979/a/41b 3 sole remedy under this paragraph for any uncured defects in title shall be to obtain a refund of its Deposit. If the preliminary title report is approved and the transfer of the Easement is consummated, at BUYER'S sole election, Escrow Holder shall, at the Closing Date, cause to be issued to BUYER a CLTA Owner's Coverage Form Policy of Title Insurance from Chicago Title Company with a liability limit in the amount of $95,000.00, insuring that the title to the Easement vests in BUYER. At BUYER'S election, BUYER may acquire an ALTA Owner's Coverage Form Policy of Title Insurance for the Easement. BUYER shall take title to the Easement subject to: (a) covenants, conditions, reservations (including exceptions of oil, gas, minerals, hydrocarbons and/or lease without right of surface entry), restrictions, rights of way, and easements for public utilities, districts, water companies, alleys and streets; and (b) other exceptions to title that BUYER has approved. (b) Approval of Phase I Environmental Study. SELLER shall deliver to BUYER as soon as practicable, a current Phase I Environmental Report (the "Report") regarding the Property. The Report shall be prepared at SELLER'S sole expense. BUYER shall have five (5) days after receipt of the Report to disapprove by notice to Escrow Holder and SELLER any of the matters set forth in the Report. If BUYER timely gives notice of its disapproval of the Report, this Agreement shall terminate, the parties' rights and obligations thereunder shall terminate, each party shall be released from its obligations hereunder, and BUYER shall be entitled to a return of its Deposit. BUYER'S failure to deliver to SELLER and Escrow Holder within the five (5) day time period BUYER'S written disapproval of any item in the Report shall be deemed BUYER'S approval of the Report. ARTICLE IV ESCROW 4.1 Escrow Period. Upon execution of this Agreement, the parties shall open escrow with the Escrow Holder. The parties shall deposit a fully executed original of this Agreement with Escrow Holder, in order to open an escrow to complete the purchase of the Easement contemplated pursuant to this Agreement. By such deposit, Escrow Holder is hereby authorized and instructed to act in accordance with the provisions of this Agreement, which shall constitute Escrow Holder's escrow instructions. Escrow shall be deemed to have been opened on the date that an original of this Agreement is received by Escrow d/979/a/41b 4 Holder, and upon receipt thereof, Escrow Holder shall advise BUYER and SELLER of such date. In addition, BUYER and SELLER agree to execute, deliver and be bound by any reasonable or customary supplemental escrow instructions of Escrow Holder or other instruments as may be reasonably required by Escrow Holder in order to consummate the transactions contemplated by this Agreement. If there is any conflict between the terms of this Agreement and Escrow Holder's supplemental escrow instructions, the terms of this Agreement shall supersede and prevail. 4.2 Proration of Closing Costs. BUYER and SELLER will each pay one half of Escrow Holder's fee at the close of escrow, and all other customary closing costs. If BUYER elects to acquire title insurance, SELLER shall pay for the cost of a CLTA standard policy of title insurance insuring BUYER'S interest in the Easement. Any additional cost necessary to acquire an ALTA policy of title insurance for the Easement shall be at BUYER'S sole expense. SELLER shall pay the cost of all transfer taxes. 4.3 Deposits and Deliveries Into Escrow. On or before 3:00 p.m. of the last business day preceding the close of escrow, SELLER shall cause to be delivered to Escrow Holder: (1) A grant deed acknowledged and in recordable form conveying the Easement to BUYER in a form identical to Exhibit "C" attached hereto (the "Deed"), free and clear of all encumbrances and liens, except those consented to or deemed approved by BUYER and set forth in the CLTA title insurance policy, if any, to be obtained by BUYER; and (2) all other documents and funds required by Escrow Holder according to this Agreement to carry out and close escrow. On or before 5:00 p.m. of the last business day preceding the close of escrow, BUYER shall cause to be delivered to Escrow Holder (1) the balance of the Purchase Price; and (2) all other documents and funds required by Escrow Holder according to this Agreement to carry out and close escrow. 4.4 Conditions to the Close of Escrow. The close of escrow shall not take place until BUYER and SELLER have deposited with Escrow Holder all documents and funds required from them under this Agreement and the full and complete satisfaction and approval of the contingencies and conditions set forth in this Agreement. If any one of the foregoing conditions has not been satisfied as of the Closing Date, BUYER, at its sole election, can terminate this Agreement by giving written notice to SELLER and Escrow Holder. If BUYER elects to terminate the Agreement under this d/979/a/41b 5 paragraph 4.4, this Agreement shall terminate, the parties' rights and obligations thereunder shall terminate, each party shall be released from its obligations hereunder, and BUYER shall be entitled to a return of the Deposit, including all accrued interest. If the escrow fails to close as provided above, BUYER may by written notice to Escrow Holder and SELLER, extend the Closing date for an additional thirty (30) days. Such notice must be given on or before the Closing Date. If escrow does not close by the Closing Date, as extended, BUYER or SELLER, provided that party is not in default under the terms of this Agreement, may at any time thereafter give written notice to the Escrow Holder and to the other party of its election to cancel the escrow and return all money and documents in escrow to those depositors who are not in default under the terms of this Agreement. Upon receipt of such written notice of cancellation, Escrow Holder shall deliver a copy of the notice to the other party to this Agreement. If BUYER gives written notice of cancellation, SELLER shall then have ten days from receipt of the notice of cancellation from Escrow Holder to provide written notice to Escrow Holder (and the other party) of its objection to cancellation of the escrow. Unless Escrow Holder receives such timely written objection to the notice of cancellation, it shall be authorized, without any further instructions by the parties, to cancel escrow and return all money and documents in escrow to their respective depositors. If a timely objection by SELLER to cancellation is received by Escrow Holder, it shall retain all money and other documents deposited into escrow until it receives further written instructions signed by both BUYER and SELLER, or is directed by court order to withdraw or otherwise disburse the funds or documents in Escrow Holder's possession. If SELLER gives written notice of cancellation on or after the Closing Date, as extended, Escrow Holder is authorized, without any further instructions by the parties, to cancel escrow and return all money and documents in escrow to their respective depositors. If escrow is not closed by the Closing Date or such later date as may be agreed upon by the parties hereto, Escrow Holder shall cause the close of escrow to occur as soon thereafter as possible, unless Escrow Holder has received a written notice from BUYER or SELLER to cancel the Escrow. ARTICLE V REPRESENTATIONS AND WARRANTIES 5.1 Representations and Warranties. A. SELLER'S Representations and Warranties. SELLER represents, warrants and covenants to BUYER that the following representations, warranties and statements are true and correct as of the date of d/979/a/41b 6 this Agreement, shall be true and correct at the Closing Date, and shall survive the close of escrow, and the truth and accuracy of such representations, warranties and statements constitute a condition precedent to BUYER'S obligations under this Agreement. (a) SELLER holds title to a fee simple interest in the Property. (b) SELLER is a limited partnership duly organized under the laws of the State of California and SELLER has the legal power, right and authority to enter into this Agreement and to consummate the transactions contemplated hereby. (c) To SELLER'S actual knowledge, the portion of the Property which shall be subject to the Easement is not in violation of any federal, state, or local law, ordinance, or regulation relating to industrial hygiene or to the environmental conditions on, under, or about the property, including, but not limited to, soil and groundwater conditions. SELLER further warrants and represents that, during the time in which SELLER owned the Property subject to the Easement, neither SELLER nor, to SELLER'S actual knowledge, any third party has used, generated, manufactured, produced, stored, or disposed of on, under, or about the property or transported to or from the property any hazardous materials, including without limitation flammable materials, explosives, asbestos, radioactive materials, hazardous wastes, toxic substances, or related injurious materials, whether injurious by themselves or in combination with other materials. To SELLER'S actual knowledge, there is no proceeding or inquiry by any governmental authority (including without limitation the Environmental Protection Agency or the California State Department of Health Services) with respect to the presence of such hazardous materials on the Property or Easement or their migration from or to other property. For purposes of this agreement, hazardous materials shall include but not be limited to substances defined as "hazardous substances", "hazardous materials", or "toxic substances" in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (Title 42 United States Code sections 9601-9675); the Hazardous Materials Transportation Act, as amended (Title 49 United States Code sections 1801-1819); the Resource Conservation and Recovery Act of 1976, as amended (Title 42 United States Code sections 6901-6992k); and any substance defined as "hazardous waste" in Health and Safety Code section 25117 or as a "hazardous substance" in Health and Safety Code section 25316, and in the regulations adopted and publications promulgated under these laws. (d) To SELLER'S actual knowledge, SELLER has received no notice from authorized agents of governmental authorities having jurisdiction over such matters, including the City of Carlsbad, that any actions, suits or proceedings have been instituted or threatened which would materially affect the Easement in law or in equity, or before any federal, state, county or municipal governmental department, commission, board, d/979/a/41b 7 bureau, agency of instrumentality. (e) To SELLER'S actual knowledge, SELLER has received no written notice concerning any violation of any ordinance, rule, law, regulation or other action of any government or any agency, body or subdivision thereof or that any investigation has been commenced or is contemplated respecting such possible violation with respect to the Easement. (f) To SELLER'S actual knowledge, there are no actions, suits, claims, legal proceedings, or any other proceedings affecting the Easement, or any portion thereof, at law or in equity, before any court or administrative agency. (g) From the date of this Agreement through the Closing Date, SELLER will not knowingly create nor permit the creation of any title exception, such as easements or liens to encumber the Easement. If prior to the Closing Date, SELLER receives actual notice from a government agency or authority or other party of a violation or claimed violation of any of the matters covered by subparagraphs 5.1(A)(a)-(g) above, SELLER shall immediately give notice of same to BUYER. If the notice received by SELLER requires corrective work, SELLER shall either complete the corrective work prior to the Closing Date at its sole expense, or if SELLER is unwilling or unable to complete the corrective work, provide prompt notice of its unwillingness or inability to complete the corrective work to the BUYER. Upon receipt of notice of a violation or claimed violation that SELLER will not or cannot correct prior to the Closing Date, BUYER as its sole remedy, shall have the right to give notice to SELLER and Escrow Holder of its election to terminate this Agreement, and all rights and obligations of the parties under this Agreement shall be terminated and be of no further force and effect, and each party shall be released from then: respective obligations under this Agreement. If BUYER so elects to terminate the Agreement, BUYER shall obtain a refund of its Deposit, plus all accrued interest thereon. B. BUYER'S Representations and Warranties. BUYER represents, warrants and covenants to SELLER that the following representations, warranties and statements are true and correct as of the date of this Agreement, shall be true and correct as of, and shall survive the close of escrow, and the truth and accuracy of such representations, warranties and statements constitute a condition precedent to SELLER'S obligations under this Agreement. (a) BUYER is a limited liability company duly organized and existing under the laws of the State of California and has duly authorized the execution of this d/979/a/41b 8 Agreement. (b) After the close of escrow, BUYER shall enter into arrangements satisfactory to the City of Carlsbad to irrevocably dedicate to the State of California the Easement as permanent open space. BUYER shall also enter into arrangements satisfactory to the City of Carlsbad and/or the California Department of Fish & Game to create an endowment to maintain the Easement as permanent open space for the benefit of the public. (c) BUYER assumes full responsibility for assuring that the open space easement to be conveyed to BUYER hereunder will satisfy the mitigation requirements of the City of Carlsbad, the United States Fish & Wildlife Service, the California Department of Fish & Game and/or any other governmental entity with jurisdiction over BUYER'S development of its property in the City of Carlsbad, as referenced above, and SELLER assumes no obligation or responsibility with respect thereto. ARTICLE VI MISCELLANEOUS 6.1 Broker's Commission. Each party represents that it has not engaged a real estate agent or broker in connection with this Agreement. SELLER will indemnify and hold the BUYER harmless, from any claim, damage, or liability made as a result of the breach by the SELLER of the representations and warranties made in this paragraph. BUYER will indemnify and hold the SELLER harmless, from any claim, damage, or liability made as a result of the breach by the BUYER of the representations and warranties made in this paragraph. 6.2 Liquidated Damages. IF BUYER FAILS TO COMPLETE THE TRANSACTION SET FORTH IN THIS AGREEMENT DUE TO ITS DEFAULT UNDER ITS TERMS, THE PARTIES AGREE THAT SELLER SHALL RETAIN ALL OF BUYER'S DEPOSIT AS LIQUIDATED DAMAGES, WHICH THE PARTIES AGREE IS A REASONABLE SUM CONSIDERING ALL THE CIRCUMSTANCES EXISTING ON THE DATE OF THIS AGREEMENT, INCLUDING THE RELATIONSHIP OF THE SUM TO THE RANGE OF HARM TO SELLER THAT REASONABLY COULD BE ANTICIPATED AND THE ANTICIPATION THAT PROOF OF ACTUAL DAMAGES WOULD BE COSTLY OR INCONVENIENT. IN PLACING THEIR INITIALS BELOW, EACH PARTY SPECIFICALLY CONFIRMS THE ACCURACY OF THE STATEMENTS d/979/a/41b 9 MADE ABOVE. RETENTION OF SAID DEPOSIT SHALL BE SELLER'S SOLE LEGAL OR EQUITABLE REMEDY FOR BUYER'S BREACH OF THIS AGREEMENT. SELLER BUYER Initial Initial 6.3 Default by Seller. If SELLER defaults under the terms of this Agreement, BUYER shall be entitled to either terminate this Agreement and obtain a refund of all funds and other items deposited by it with Escrow Holder and/or released to SELLER by Escrow Holder (including the Deposit) at which time all rights and obligations of the parties under this Agreement shall terminate and be of no further force or effect, or to initiate arbitration proceedings seeking specific performance of this Agreement and/or damages. However, BUYER shall not be entitled under any circumstances to damages in excess of the refund by SELLER of the $95,000 Purchase Price paid to SELLER hereunder. 6.4 Notices. Any notice from one party to another pursuant to this Agreement shall be in writing and delivered personally, by facsimile, or by United States Mail, registered or certified, return receipt requested, postage fully prepaid, and addressed to the parties as set forth below. TO BUYER: The Terraces at Sunny Creek LLC c/o Chris Dahrling 2006 Palomar Airport Road, Suite 113 Carlsbad, CA 92008 Phone(760)931-8181 Fax No. (760)931-8508 With a copy to: Joel L. Incorvaia, Esq. Incorvaia & Associates 12626 High Bluff Drive, Suite 325 San Diego, CA 92130 Phone (858) 259-2220 Fax No. (858)259-3131 d/979/a/4Ib 10 TO SELLER: Holly Springs, Ltd. c/o Lucia Kelly Sippel 1287 Vera Cruz Oceanside, CA 92056 Phone/Fax (760) 630-554r With a copy to: William Schwartz, Esq. Stephenson Worley Garrett Schwartz Garfield & Prairie 401 B Street, Suite 2400 San Diego, CA92101 Phone (619) 696-3 500 Fax (619) 696-3555 Any notice shall be deemed delivered upon personal service, or if mailed on the delivery date or attempted delivery date shown on the return receipt. If any party changes its address, such change of address shall be communicated to the other parties in the manner set forth in this paragraph. 6.5 Assignment. BUYER shall have the right to assign this Agreement and all of BUYER'S rights thereunder subject to the terms of this Agreement to any company affiliated with or under common ownership with BUYER prior to the Closing Date, but BUYER shall remain liable under this Agreement. Upon such assignment, the assignee will assume all obligations of BUYER and will execute all documents and perform all obligations imposed on BUYER as if the assignee were the original buyer in this Agreement. 6.6 Amendment. This Agreement may be amended only by a writing signed by each party hereto. If such a written amendment is entered into, such written amendment shall modify only the provisions of this Agreement specifically modified, and shall be deemed to incorporate by reference, unchanged, all remaining provisions of this Agreement. 6.7 Successors and Assigns. This Agreement is binding upon and shall inure to the benefit of the parties, and their respective successors-in-interest, assigns and transferees. d/979/a/41b 11 6.8 Entire Agreement. This Agreement contains the entire agreement of the parties, and supersedes any prior or contemporaneous written or oral agreements, representations and warranties between them with respect to the subject matter of this Agreement. There are no representations, warranties, agreements, arrangements or understandings, oral or written, between the parties relating to the subject matter contained in this Agreement that are not fully expressed in this Agreement. 6.9 Arbitration/Attorneys' Fees. Any controversy or claim between the parties that arises out of or relates to this Agreement shall be decided by binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The provisions of Code of Civil Procedure section 1283.05 shall apply to the arbitration proceeding. If either party takes or commences any actions or proceedings, or arbitration, against the other by reason of any breach or claimed breach of any provision of or in any way connected with, this Agreement, or seeks a judicial declaration of rights under this Agreement, the party prevailing in such action or proceeding shall be entitled to recover from the other party the prevailing party's reasonable attorneys' fees and costs, including, but not limited to, all expert witness fees, other witness fees and associated expenses, whether or not the proceeding or action proceeds ,to judgment. 6.10 Construction. Whenever used in this Agreement, as the context requires, the singular number shall include the plural, the plural number shall include the singular, the masculine gender shall include the feminine and neuter, the feminine gender shall include the masculine and neuter and, the neuter gender shall include the masculine and femuiiiie 6.11 Headings and Captions. The headings and captions at the beginning of various paragraphs and subparagraphs of this Agreement shall not be construed to be a substantive part of this Agreement and shall not in any way define, limit, expand or affect any provision of this Agreement. 6.12 Further Acts. The parties agree to perform any further acts and sign and deliver any d/979/a/41b 12 further documents that are reasonably necessary to effectuate the provisions and spirt of this Agreement. 6.13 Counterparts. This Agreement may be signed in two or more counterparts, each of which shall constitute an original, but all of which shall be one and the same document. 6.14 Governing Law. This Agreement shall be construed under and enforced in accordance with the laws of the State of California. 6.15 Severabilitv. If any term or provision of this Agreement shall for any reason become, or be held by any court of competent jurisdiction to be, illegal, null or void, the remaining terms and provisions of this Agreement shall remain in full force and effect. 6.16 Forum Selection. If any action is brought by BUYER or SELLER arising out of or in any way related to any of the terms, covenants or conditions of this Agreement, whether such action is in law or in equity, each party agrees the sole forum for such action shall be a court of competent jurisdiction or arbitration forum within the County of San Diego, State of California. 6.17 Interpretation. BUYER and SELLER have agreed to the use of the particular language of the provisions of this Agreement, and any question of doubtful interpretation shall not be resolved by any rule providing for interpretation against the party who causes the uncertainty to exist or against the drafter of this Agreement. IN WITNESS WHEREOF this Agreement is made and entered into as of the date first written above. d/979/a/41b 13 BUYER: THE TERRACES AT SUNNY CREEK LLC. a California limited liabilityycompany ?Q George $fy>k,/r., its P||esident // Date SELLER: HOLLY SPRINGS, LTD. a California limited partnership By: Lucia Kelly Sippel, its Date Managing General Partner ACCEPTANCE BY ESCROW HOLDER: The undersigned Escrow Holder agrees to (1) accept the foregoing Agreement; (2) be the escrow agent under the Agreement for the fees agreed upon by Escrow Holder, BUYER, and SELLER, and (3) be bound by the Agreement and the performance of its duties as escrow agent; provided, however, Escrow Holder shall have no obligation, liability or responsibility under (a) this Consent, or otherwise, unless and until the Agreement, fully signed by the parties has been delivered to Escrow Holder, or (b) any amendment to the Agreement, unless and until such amendment is accepted by Escrow Holder in writing. Date: By:. Chicago Title Company d/979/a/41b ' 14 FROM : Sippel/KellyX SYSTEM PHONE NO. : 619+6305541 May. 08 2000 03:04PM P2 BUYER: THE TERRACES AT SUNNY CREEK LLC, a California limited liability company By: George Szabo, Jr., its President Date SELLER: HOLLY SPRINGS, LTD. a California limited partnership ;ia Kelly Slppel,^ '* (] Date Managing General Partner ACCEPTANCE BY ESCROW HOLDER: The undersigned Escrow Holder agrees to (1) accept the foregoing Agreement; (2) be the escrow agent under the Agreement for the fees agreed upon by Escrow Holder, BUYER, and SELLER, and (3) be bound by the Agreement and the performance of its duties as escrow agent; provided, however, Escrow Holder shall have no obligation., liability or responsibility under (a) this Consent, or otherwise., unless and until the Agreement, fully signed by the patties has been delivered to Escrow Holder, or (b) any amendment to the Agreement, unless and until such amendment is accepted by Escrow Holder in writing. Date: By:_ Chicago Title Company d/979/a/41b 14 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY d/979/a/41b 15 FROM' : Sippel^KellyX SYSTEM PHONE NO. : 619+6305541 Apr. 12 2000 02:54PM P4 Page i DESCRIPTION Order No- 7343048 THOSE PORTIONS OF LOTS "D" AND "E" OF RANCHO AGUA HEDIONDA, ITU THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO. STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: BEGINNING AT POINT 1 OF SAID LOT "D" AS SHOWN ON RECORD OF SURVEY7MAP NO. 7518, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 10, 1974; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT "D", NORTH 89°26'32" WEST, 1,543.43 FEET TO THE MOST EASTERLY CORNER OF SAID LOT "E"; THENCE ALONG A PORTION OF THE BOUNDARY OF SAID LOT "E", NORTH 89°26'32" WEST 2,831.42 FEET TO THE SOUTHEASTERLY CORNER OF LAND DESCRIBED IN PARCEL 2, IN DEED TO WESTERN LAND AND DEVELOPMENT COMPANY, RECORDED MARCH 2, 1971 AS FILE NO. 38810 OF OFFICIAL RECORDS; THENCE ALONG THE BOUNDARY OF SAID PARCEL 2 OF LAND OF WESTERN LAND AND DEVELOPMENT COMPANY AS FOLLOWS: NORTH 34°43'55" EAST, 664.30 FEET (RECORD - NORTH 34°44'03" EAST 663.15 FEET) TO AN ANGLE POINT THEREIN AND NORTH 15°54'30" WEST (RECORD - NORTH 1S°54«25" WEST) 630.45 FEET TO THE SOUTHEASTERLY LINE OF LAND DESCRIBED IN DEED TO OCEANSIDE-CARLSBAD UNION HIGH SCHOOL DISTRICT, RECORDED NOVEMBER 27, 1970, RECORDER'S FILE NO. 216959 OF OFFICIAL RECORDS; THENCE ALONG THE BOUNDARY OF SAID SCHOOL DISTRICT'S LAND AS FOLLOWS: NORTH 53022'00" EAST (RECORD NORTH 53°22'17" EAST) 870.00 FEET TO THE MOST EASTERLY CORNER OF SAID LAND; NORTH SS'IS'IO" WEST (RECORD-33»11'15" WEST) 891,30 FEET TO THE NORTHEASTERLY CORNER OF SAID LAND AND SOUTH 84°20'35" WEST (RECORD-SOUTH 84«>21'03" WEST) 1,060.12 FEET TO THE NORTHWESTERLY CORNER OP SAID LAND, BEING ALSO A POINT IN THE BOUNDARY OF LAND DISTRIBUTED TO ALLAN O. KBLLEY, IN FEE SIMPLE ABSOLUTE, IN THAT CERTAIN DECREE OF DISTRIBUTION UNDER SUPERIOR COURT CASE NO. 44573, RECORDED MAY 11, 1953, IN BOOK 4851, PAGE 58 OF OFFICIAL RECORDS; THENCE ALONG THE BOUNDARY OF SAID LAND OF ALLAN O. KELLEY. AS FOLLOWS: NORTH Ol'll'lO" EAST (RECORD NORTH 00«03'10" EAST) 375.14 FEET TO AN ANGLE POINT THEREIN AND NORTH 18°19'25" WEST (RECORD - NORTH 19°25'30n WEST) 205.03 FEET TO THE MOST WESTERLY SOUTHWEST CORNER OF LAND DESCRIBED IN PARCEL 1 IN DEED TO HUGH W. WARDEN ET AL, RECORDED NOVEMBER 30, 1961, RECORDER'S FILE NO. 206962 OF OFFICIAL RECORDS; THENCE ALONG THE BOUNDARY OF SAID PARCEL 1 OF LAND WARDEN, ET AL, AS FOLLOWS: NORTH 77°03'22" EAST (RECORDED NORTH 76°49'26" EAST, 2,785.57 FEET TO AN ANGLE POINT THEREIN; SOUTH 12°57'02- EAST, 1,734.64 FEET (RECORD SOUTH 13°10'34" EAST 1,735.00 FEET) TO AN ANGLE POINT THEREIN AND NORTH 89°55'SO" EAST (RECORD NORTH 89«52'25" EAST) 1,965.10 FEET TO THE MOST EASTERLY LINE OF SAID LOT «D"; THENCE ALONG SAID EASTERLY LINE SOUTH 00«O3'SS" EAST, 1,860.62 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION OF SAID LOT "E" LYING WITHIN THE CIRCUMFERENCE OF THAT CERTAIN 80.00 FOOT RADIUS CIRCULAR PARCEL OF LAND FIRST DESCRIBED IN DEED TO CARLSBAD MUNICIPAL WATER DISTRICT, RECORDED JANUARY 4, 1963, RECORDER'S FILE NO. 1851 OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM THAT PORTION OF SAID LOTS "D" AND "E" DESCRIBED IN DEED TO THE CARLSBAD UNIFIED SCHOOL DISTRICT, RECORDED AUGUST 26, 1998 AS DOCUMENT NO. 1998-0543228, OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM : Sippe'lvKe 11 yX SYSTEM PHONE NO. : 61946305541 - . &pr. 12 2000 02:55PM PS Page 2 -DESCRIPTION Order No. 73430*8 BEGINNING AT ANGLE POINT IN SAID LOT E, SAID ANGLE POINT BEING DESIGNATED POINT 13 ON SAID MAP 823; THENCE ALONG THE SOOTH LINE OP SAID LOT E SOUTH 89e26'32" EAST 100 FEET (SOUTH 89°30'04" EAST 100 FEET PER DEED); THENCE NORTH 6°09'18" WEST 451.70 FEET (NORTH 6'06'45" WEST 451.76 FEET PER DEED) TO AN ANGLE POINT IN THE BOUNDARY OF LAND SHOWN ON RECORD OF SURVEY NO. 6616. FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN PIEGO"COUNTY, FORMED BY THEIR COURSES "NORTH 51°47'48" EAST 1165.49 FEET AND NORTH 4°20'50" EAST 963.68 FEET. SAID ANGLE POINT IS ALSO SHOWN AS A "FOUND 2" PIPE WITH TAG STAMPED LS 2940, DISTURBED-REPLACE WITH 2" PIPE WITH TAG STAMPED "RCE 6486" ON RECORD OF SURVEY^1718, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; THENCE NORTH 4»20'50" EAST 963.73 FEET (NORTH 4»20'50" EAST 963.88 FEET PER DEED). THENCE NORTH 1»11'10" EAST 896.00 FEET (NORTH 1°12'15" EAST 896.00 FEET PER DEED), TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING PER SAID RECORD OF SURVEY 7918 NORTH 1»11'10" EAST 375.14 FEET AND NORTH 18«19'26" 205.03 FEET TO AN ANGLE POINT SHOWN ON SAID RECORD OF SURVEY 7918; THENCE ALONG THE NORTHERLY LINE OF SAID RECORD OF SURVEY 7918 NORTH 77«03'22" EAST 1032.98 FEET; THENCE LEAVING SAID NORTH LINE. SOUTH 8°33'55« EASt 704.44 FEET TO AN ANGLE POINT IN THE BOUNDARY OF SAID RECORD OF SURVEY 7918 SHOWN AS "FOUND 2" PIPE WITH TAG STAMPED "RCE 6486 - NO RECORD"; THBWCE ALONG THE BOUNDARY LINE OF SAID RECORD OF SURVEY SOUTH 84"20'3S" WEST 1060.12^ FEET (NORTH 84<>21'03" EAST 1060.12 FEET PER DEED) TO THE TRUE POINT OF BEGINNING. EXHIBIT "B" LEGAL DESCRIPTION OF LAND ENCOMPASSING EASEMENT d/979/a/41b 16 FROM :.SiPPel/K£TlyX"SYSTEM ^ PHONE NO. : 619+6305541 " .. " ftpr. 14 2000 10:24ftM P3 ' - (i Ufeduiig Design Group, Inc. L-1061 3/30/00 EXHIBIT 'A'-3- LEGAL DESCRIFnON That portion of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 823, filed in the office of the County Recorder of San Diego County, November 16, 1896, described as follows: Beginning at the most northeasterly corner of land granted to the Carlsbad Unified School District per Grant Deed recorded August 26,1998 per Document #1998-0543228. Said northeasterly corner being on the northerly line of Record of Survey 7918, filed in the Office of the County Recorder of San Diego County. Thence along the northerly line of said Record of Survey 7918 North 77 0-03'-22' East 500.00 feet to the True Point of Beginning, thence continuing along said northerly line North 77?-03'-22" East 466.69 feet; thence leaving said northerly line at right angles South 12°-56'-38" East 466.69 feet; thence parallel with said northerly line South 77 "-03-22" West 466.69 feet; thence at right angles North 12 °-56'-38" West 466.69 feet to the True Point of Beginning. Containing 5.0 Acres 703 Polomar flirport Road 4> Suite 300 f- Carlsbad. California 92009 (760) 438-3182 fflX (760) 438-0173 FROM.: Sippel/KellyX SVSTEN PHONE 1C). : 619+6305541 Apr-. 14 2000 10:24ftM P2 EXHIBITA-4/11/00 HOLLY SPRINGS CARLSBAD CA. LAND GRANTED TO C.U.S.D. PER CRANT DEED RECORDED . AUGUST 26, 1998 PER DOCUMENT 11998-0543228 P.O.B. NOT A PART* CRMWD TANK SITE AP# 168-050-08 IN NOTE: BOUNDARY ANBf PARCEL COMPUTED FROM RECORD OF SURVEY # 7918 800* 11 N77*03'22t 466.69' S12*56'38"E 466.69* 3) S77*03'22"W 466.69* 4) N12*56'38"W 466.69' fiP 168V050 CITY OF CAHLSBADAP 168-050-45^ ^ PARCEL B \ 98.88 ACRES \PARCEL C 20.46 ACRES « N89*26'32"W I PARCEL D 108.42 ACRES148.01' LOT E AP 168-050-26 2831.42 HOLLY SPRINGS LTD C/Q LUCIA SEPPEL 1287VERA CRUZ OCEANS1DE CA. 92056 (760) 630-5541 UxJiuIg Design Group, Inc 703 PALDMAR AiRPORT ROAD #300 CARLSBAD, CA. 92009 (760) 438-3182 FAX (760) 438-0173 , 4/14/00 JOB L-1061 '•'£$' . i.i.^ ' FROM : Sippel/KellyX SYSTEM PHONE NO. : 619+6305541 Mar. 01 2000 01:52PM P2 EXHIBIT "C" FORM OF GRANT DEED d/979/a/41b 17 FROM : Sippel/KellyX SYSTEM PHONE NO. : 619+6305541 May. 08 2000 03:05PM P3 RECORDING REQUESTED BY The Terraces at Sunny Creek LLC 2006 Palomar Airport Road, Suite 11.3 Carlsbad, CA 92008 AND WHEN RECORDED MAIL TO Joel L. Incorvaia, Esq. 12626 High Bluff Drive, Suite 325 San Diego, CA 92130 GRANT DEED The undersigned declares that the DOCUMENTARY TRANSFER TAX is $.. and is computed on the full value of Hie interest or property conveyed; OR IS computed on the full value less value of liens or encumbrances remaining thereon at the time of sals. Signature of Declarant FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Holly Springs, Ltd., a California limited partnership, Grantor, grants to The Terraces at Sunny Creek LLC, a California limited liability company, grantee, the real property located in the City of Carlsbad, San Diego County, California, described as follows: See attached Exhibit A, incorporated by reference to this document. HOLLY SPRINGS, LTD., a California limited partnership By:, Lucia Kelly Sippel, Managing Partner CERTIFICATE OF ACKNOWLEDGEMENT OF NOTARY PUBLIC STATE OFCOUNTY OF State .personally , a notary public in and for said County and ly known to ine (on piaued to me on tte bfloin-af_ tMacttny evidence) to be the personC*) ^hose jja|ne($^|5fctf« subscribed to the within instrument and acknowledged to me that Jw^hgahey executed the same m4HSZne#t*ieir authorized capacity(ie»), and that by4usXaei?<feek signatjjre^ on the instrument the person(ji), or the entity upon behalf of which die person^), acted, executed the instrument. WITNESS my hand and official seal.)*** Rev. 9/29/99 MARY H. MAGGAY Comm. 11241642 NOTARY fUBllC-CALIFORNIASin Diego County ™ ». Enpiies Dae. 10,2003 "T1 «^'l'» I H I I • , i»t 0) FROM : Sippel/KellyX SYSTEM PHONE NO. : 619+6305541 May. 03 2000 03:05PM PA EXHIBIT "A-l" TO GRANT DEED Grantor hereby grants to Grantee a perpetual easement for conservation purposes (the "Easement") over the real property described below (the "Easement Property"). The purpose of this Easement is to ensure the Easement Property will be retained forever in a natural condition and to prevent any use of the Easement Property that will significantly impair or interfere with the conservation values of the Easement Property, This Easement prohibits all of the following on any portion of the Easement Property: Grading., excavation, placement of soil, rock gravel or other material, grazing, clearing of vegetation., construction, erection or placement of any building or structure, trash dumping,, use of herbicides, rodenticides, or weed abatement activities, hunting, fishing, trapping, or removal of native animal species, otherwise altering the general topography of the Easement Property, including building of roads, removing, destroying or cutting of trees or other vegetation, except for fire protection as required by law for: (a) fire breaks; (b) maintenance of existing foot trails or roads; or (c) prevention or treatment of disease. Grantor intends that this Easement will ensure the preservation and enhancement of native species and their habitat in a manner consistent with the habitat conservation purposes of this Easement. Following written notification to Grantor, Grantee, and its successors, agents, employees, and/or representatives of the California Department of Fish & Game, shall have the right, but not the obligation, to enter upon the Easement Property and remove any material, structure or other thing placed or maintained contrary to the terms of this easement and to do any work necessary to eliminate the effects of any violation of this easement. This easement shall not authorize any member of the public to use or enter upon the land subject to this easement, it being understood that the purpose of this easement is solely to restrict the use of said land. This Easement is transferable by Grantee to any state, local or federal agency, including the State of California, This Easement shall automatically terminate and be of no further force and effect if title to the underlying fee is transferred to any agency of the State of California or the United States of America for preservation purposes. The terms, covenants and conditions set forth herein may be specifically enforced or enjoined by proceedings in a court of competent jurisdiction, and shall be binding upon the Grantor and its successors and assigns. All rights and remedies conveyed to Grantee FROM : Sippel/KellyX SYSTEM PHONE NO. : 619+6305541 May. 08 2000 03:06PM P5 under this Easement shall extend to and are enforceable by the California Department of Fish & Game. The Easement Property is described as follows: (see exhibit A-2 attached hereto). " '''•'' ' "• ':'; ~\ ">1 ^'"'v-''-" "'' :' '• •• •'""'•''' '.- '••'•"• •;./; •• ' i'-."'; '•'-."'' •:"-•},'•:"• ••••.' . .''; NX\AK" CITY OF CARLSBAD y C'^ ."^ .•••:',•'.-.< ' .'•• '•,•. 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CALIFORNIA 92008 • •'••••• : "'••'•''V:'-" " '"' 434-2867 .-^ •/• -, -' .' .'.'"' ''• ,• .'.' ' ; ."": . ' .. ." .... REC'DFROM '-•'•' S) >M i /L .•DATE ACCOUNT NO.DESCRIPTION AMOUNT •:£,/.'•:. " •"-.•-• 6245 04/21/98 1^f::vi;fiS:i^g^g-||fp-t.'>g.^'-;^i-g^g^^^gi|f| uNLEsa VALIDATED A. CITY OP CARLSBAD ^ (\V 1200 CARLSBAD W.LAGE DRIVE CARLSBAD, (IfllFORNIA 92008 \ 4O4 «tae^434-2867 REC'D FROM V.Uf\A V/ViP DATE ACCOUNT NO. ' ' - Vu \U\_\ i C o) oj ^ RECEIPT NO. 27323 DESCRIPTION S\)fM,r Vk> O..^v *'tel-.J Mf) < <iy\riu.i\ \AD\I \\MHp % i;l Vh^v\5(i \\». ^AvvaJ' ft(H;t V\^V ^k-ov hM(xd vv > \W\v ^-ei we^ \..K.. tXA«Mt u^ --C^- c iii ^Tv ii v \J Sv Vv A.IIAA' A M U - f ) ^ hLuC V^ ?h^.i- ^ cf ^\fc NOT VALID UNLESS VALIDATED BY TOTAL AMOUNT 11 fc 10 it Ms CU lltn 6t 1 CD tu U5o ci' "( ^ ^ ^ (./ '-, 6' f(- •n S 6 ct 10. o ol- ^,0^1 f.t I Printed oo recycled paper. ,^-^.^.j-^..,.-.-.^-. ••-^.^i^jg>^jAJa^-^^.Jj,-j1'. ir.iT^-v_^^^*-r^.\-^^^>^Ji^_a.^JJi'JJ.,^.'Ai^;Ja^^ .tv'^l^.. CASH REGISTER PRELIMINARY REVIEW APPLICATION PROJECT NAME: SYCAMORE I APPLICANT NAME: HOFMAN PLANNING ASSOCIATES MAILING ADDRESS: 2386 FARADAY AVENUE, SUITE 120, CARLSBAD, CA 920 PHONE NUMBER: 438-1465 PROJECT ASSESSOR'S PARCEL NUMBER(S) DESCRIPTION OF PROPOSAL (ADD ATTACHMENT IF NECESSARY): REVISION TO THE SYCAMORE CREEK SPECIFIC PLAN AND TENTATIVE MAP (see attached project description) WOULD YOU LIKE TO ORALLY PRESENT YOUR PROPOSAL TO YOUR ASSIGNED STAFF PLANNER/ENGINEER? YES NO Q D PLEASE LIST THE NAMES OF ALL STAFF MEMBERS YOU HAVE PREVIOUSLY SPOKEN TO REGARDING THIS PROJECT. IF NONE, PLEASE SO STATE. BRIAN HUNTER - PLANNING DEPARTMENT BOB WOJCIK - ENGINEERING DEPARTMENT KEN QUON - ENGINEERING DEPARTMENT FOR CITY USE ONLY PROJECT NUMBER: T?<£ 95 FEE REQUIRED/DATE FEE PAID: RECEIPT NO.: __ fL RECEIVED BY: PRELIMINARY REVIEW CHECKLIST Staff would like to know what information you primarily want from this review. With this known, we can focus most of our attention on researching and answering your main questions (s). Please check the one or two boxes below which best describes the information you would like us to concentrate on, and/or check the box marked "other" and tell us in your own words what information you would like from us. SITE DESIGN: Focus is on reviewing issues such as development standards (setbacks, building height, etc.), hillside compliance, landscaping, signage, open space requirements, and other physical aspects of zoning. Plans adequately illustrating these features are needed for review. D LAND USE: Focus is on determining the compatibility of the proposed land use with the existing general plan and zoning designations, determining whether staff could support a general plan amendment or zone change, and determining compatibility of the proposed land use with surrounding land uses. D ARCHITECTURE: Focus is on establishing quality architecture and checking its compatibility with the surrounding area and against any applicable guidelines or plans. Building elevations or other architectural information are needed for review. D ZONING INTERPRETATION: Focus is on interpreting any aspects of the zoning ordinance. ENGINEERING STANDARDS: Focus is on reviewing all engineering-related issues, such as grading, drainage, circulation and traffic, street vacations, easements, subdivisions, etc. D OTHER: In the space below, please list any other issues you would like us to review. DESCRIPTION OF PROPOSAL Overall Project This exhibit shows the details of the residential portion of the proposed Sycamore I project. This proposal is an amendment to SP -190 the existing Specific Plan for Sycamore Creek. The existing Specific Plan allows this site to be developed with a combination of three story offices, commercial and hotels. The proposed amendment will significantly reduce the intensity of development on the portion of the site to south of College Boulevard. Currently this site has General Plan designation of O/C/RH. The proposed designation for this portion of the Specific Plan will be RM which would allow a maximum of approximately 189 dwelling units on this site. The portion of the property to the north of College Avenue will have its General Plan designation changed from C to C/RH. This change will allow for the construction of a triplex unit which will be located below the level of the commercial pad adjacent to the open space to the north of the site. This triplex will consist of three, three bedroom units to fulfill the three bedroom affordable requirement of this project. The remainder of the affordable units will be provided a second units within the single family homes that will be constructed in the residential portion of the project. The details of how this project will comply with the requirements of Carlsbad Inclusionary Housing Ordinance will be explained in the text of the amendment to SP-190. Commercial Area Per the existing Sycamore Creek Specific Plan a Site Development Plan will be required for the development of the Commercial area north of College Boulevard. This will remain the same in the amendment to SP-190. The only difference to this portion of the Specific Plan will be the addition of a small are of RH to accommodate the development of the three affordable units. Residential Area The Residential area to the south of College Avenue will be developed with single family detached units on lots with a minimum area of 3870 square feet and a minimum width of 43 feet. These units will be stepped down the hillside to take advantage of the existing topography and views into the Sunny Creek area. All of the lots adjacent to El Camino Real will be set below the level of the roadway to buffer them from traffic noise. All units will front on public streets and provide a minimum 15' x 15' flat usable rear yard. The common recreation area will consist of picnic tables and benches set among the existing oak trees in the northern portion of the project. The RV storage will be located near the entrance of the project. The RV storage will be located below the level of the entry road to screen it from view. In addition, a permanent office building will be located at the northeast corner of the intersection of College Boulevard and "A" Street. This office building will serve as the sales office for this project as well as the future development of the Sycamore II project which will cover the majority of the property in Zone 15. 1200 CARLSBA A DWI CITY OF CARLSBAD LLAGE DRIVE CARLSBAD, 434-2867 LIFORNIA 92008 REC'D FROM 'DATE /* - ^'~ Xy ACCOUNT NO. ^. -V __ ....^ ( " -"i /[£••,. m?" RECEIPT NO? 25284 DESCRIPTION .... / , ,^^ .,-, _., . '< >- .. •' '. r , A,.., ,-- , ...- ,< *J " — '" v^2 ,; • ., . , •;. / .',... 1-,i,,, r.A-i ,• ir. /tv; .!ai NOT VALID UNLESS VALIDATED BY TOTAL AMOUNT t ^ S" f- >~. m C-PRHT 125 -00> -' yA r - I Printed on recycled paper.CASH REGISTER