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HomeMy WebLinkAboutDI 92-05; Aviara Affordable Housing Agreement; Discussion Item (DI) (3)Y OCTOBER 20, 1992 TO : HOUSING AND REDEVELOPMENT ADVISORY COMMITTEE FROM: Planning Director VIA: Housing and Redevelopment Director /' AVIARA AFFORDABLE HOUSING DEVELOPMENT AGREEMENT On September 1, 1992, the City Council approved an agreement with the developer of the Aviara Master Plan to provide the Master Plan's share of affordable, low-income housing in compliance with the recently-updated Housing Element. Under the approved agreement, the developer is accepting a 15% inclusionary requirement which means that the developer will be responsible for building a minimum of 160 units of lower income housing (15% of the total number of dwelling units to be built in the entire Master Plan). The exact location and timing of construction of the affordable units is subject to a number of variables and alternatives contained in the agreement approved by the City Council One of the alternatives provides for the accelerated development of the minimum required 160 lower income units. Under normal inclusionary housing requirements, the affordable units could be built in increments in proportion to the number of market-rate units being built. For example, if a developer is .building 100 units, 15 units of lower income housing would be required. Under the proposed alternative, all of the required 160 units for the buildout of the Master Plan would be provided upfront at one time rather than incrementally over an extended period of time. In return for utilizing this alternative, the developer can request that the City approve an affordable housing development agreement. This would protect the developer from future changes in affordable housing requirements. The developer has now indicated that he intends to go forward with the alternative of providing the upfront, accelerated development of 160 lower income units. Staff supports this alternative. The units could be constructed within three years under this alternative. If they were built incrementally in conjunction with market-rate units as allowed by the City's inclusionary requirements, it could take ten to fifteen years to secure that many lower income units. In return for the accelerated development, the developer is now requesting the City approve the affordable housing development agreement mentioned previously. The proposed development agreement is attached. Approval of the agreement is authorized by Chapter 21.70 of the Municipal Code. Section 21.70.050(d) of the code requires the agreement to be forwarded to the Housing and Redevelopment Advisory Committee f0.r review and for the committee to make a recommendation on the agreement to the Planning Commission. The Planning Commission would then hold a public hearing on the agreement and make a recommendation to the City Council. The development agreement recognizes that by providing 160 lower income units upfront, all at one time, rather than incrementally over time the City receives a significant benefit towards meeting its affordable housing obligations. In return, paragraph 4 of the agreement protects the developer from application of future changes regarding the requirements for low income housing which would affect the construction of the rest of the Master Plan. Staff believes that this is a reasonable request. It would be difficult for the developer to provide their total obligation for lower income units at this time and then have to take the risk of having new or additional requirements imposed at a later time. This development agreement is unique from other types of development agreements in that it only requests that the developer be protected from future changes having to do with providing inclusionary, low income units. Most development agreements request protection from all future changes made to .City standards, policies and ordinances. Overall, staff believes that the alternative being proposed by the developer is a benefit to the City in terms of providing affordable housing and that the request for an affordable housing development agreement is appropriate and reasonable. Therefore, staff recommends that the Housing and Redevelopment Advisory Committee support the agreement and recommend to the Planning Commission that it be approved. MICHAEL J. ROLZMILLER Planning Director arb Attachment Affordable Housing Development Agreement 4 EXMBIT "A" JANUARY 20,1993 AFFORDABLE HOUSING DEVELOPMENT AGREEMENT THIS AFFORDABLE HOUSING DEVELOPMENT AGREEMENT (the lgAgreementlg) is entered into as of , 1992, by and between AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, a Delaware limited partnership (llAviaratl) and the CITY OF CARLSBAD, a municipal corporation with reference to the following facts : A. This is a Development Agreement entered into pursuant to California Government Code Sections 65864 through 65869.5. B. City has enacted Chapter 21.70 of the Carlsbad Municipal Code, establishing procedures and requirements for the consideration of development agreements and setting forth the purposes and procedures for entering into development agreements. C. Aviara Proiect. Aviara is the developer of certain real property located in the City of Carlsbad, California (the 'IAviara Projectg1) and which Aviara Project is the subject of certain development approvals received from City including without limitation: The Master Plan approved by City on December 22, 1987, Resolution No. 9322 and Ordinance No. 9839, as amended; final subdivision maps for the first phase portion of the Aviara Project, which final maps were recorded in the Official Records of the County of San Diego, California, on June 29, 1989; Amendment to the Master Plan with respect to Phase I1 of the Aviara Project approved by City on February 19, 1991, Resolution No. 91-60 and Ordinance No. NS-140, as amended; and Tentative Subdivision Map (C.T. 89-37) approved for portion of Phase I1 of the Aviara Project by Resolution No. 91-60, adopted by the City on February 19, 1991. D. Aviara Land. The Aviara Project consists of three planning phases within each of which are numerous "Planning Areas." Certain residential Planning Areas have been sold or otherwise transferred by Aviara to Merchant Builder Entities and certain non-residential Planning Areas have been transferred to a hotel/golf resort development partnership. Those residential Planning Areas of the Aviara Project which, as of the date first written above, are owned by Aviara or related entity are referred to herein as the "Aviara Land,1g which includes Planning Areas 3, 13, 15 and 17 through 30, inclusive, and which is described with more particularity on Exhibit IrA1* attached hereto. The term "Aviara Land" shall also include any other residential Planning Area of the Aviara Project which, after the date first written above, reverts to Y\AW3503G.D86 080492 -1- the ownership of or otherwise becomes owned by Aviara or related entity. E. The parties agree that this Agreement shall bind City and Aviara, and any purchaser, assignee, transferee or successor-in-interest as to any portion of the Aviara Land. The parties agree to execute and record against the Aviara Land such memoranda of this Agreement as may be necessary to provide notice of this Agreement to all such parties. F. On September -, 1992, Aviara and City entered into that certain Aviara Master Plan Agreement for Inclusionary Housing, pursuant to duly noticed public hearing (the "Aviara Inclusionary Housing Agreement"). The parties have recognized that, if Aviara elects to proceed under and satisfies the special conditions set forth in Section 3.2.2(b) thereof (#*Accelerated Affordable Housingm1), Aviara would be providing a substantial amount of Affordable Housing which will be of significant benefit to City,, and that Aviara would be doing so substantially in advance of the required timetable for the production of affordable housing in accordance with the otherwise applicable Inclusionary Housing Requirements (as therein defined). The parties recognize that, if Aviara so proceeds, Aviara would be incurring substantial costs and taking substantial risks. It is the intent of the parties that, if Aviara so proceeds, it should be entitled to protection in the form of benefits conferred by this Agreement. G. On , 1992, the City Council of City held a duly noticed public hearing concerning this Agreement and adopted Ordinance No. ~ the ("Enacting Ordinance") enacting this Agreement as its legislative act, found this Agreement to be consistent with the City General Plan and the Local Coastal Plan for the City as certified by the California Coastal Commission. H. In consideration of the substantial public improvements and benefits to be provided by Aviara electing to proceed pursuant to the Accelerated Affordable Housing, and in order to encourage Aviara to so elect, and in order to strengthen the public planning process and reduce the economic costs of development, and to reinforce the City's growth management plan, and to further the interest of City in obtaining the production of Affordable Housing on an accelerated basis, all of which will be of benefit to the City and its residents, by this Agreement City intends to give Aviara assurance that Aviara can complete the Project in accordance with the terms of this Agreement and without regard to the impact of future initiatives, moratoria or other ordinances or actions affecting the rate, timing or sequences of development. In reliance upon City's covenants set forth in this Agreement concerning the development of the Aviara Land, -2- Aviara has and will in the future incur substantial costs in complying with the extra conditions pursuant to the Accelerated Affordable Housing. Such compliance and the City's expectations constitute consideration for this Agreement and but for said commitments on the part of City, Aviara would not enter into this Agreement. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties herein contained, the parties agree as follows: 1. ProDertv Subiect to Aureement. All of the Aviara Land shall be subject to this Agreement. The parties hereto intend that the provisions of this Agreement shall constitute covenants which shall run with the Aviara Land and shall bind and inure to the benefit of all successors in interest to the parties hereto. 2. Term. The term of this Agreement shall commence on the effective date of the Enacting Ordinance and shall expire on the tenth anniversary thereof, unless extended or sooner terminated as hereinafter provided. Upon request by Aviara, the City Council may by resolution, without the necessity for an additional ordinance or public hearing, grant one or more extensions, each for a term not to exceed the length of the original term hereof, on condition that the City Council finds all of the following: (i) Aviara is meeting or has met its obligations under this Agreement; and (ii) in light of all the circumstances, including without limitation the benefits which the City has received from the performance by Aviara with respect to the Project referred to in Recital H above, it is in the public interest to continue the Agreement. 3. Aviara's Condition Precedent. Notwithstanding the commencement of the term of this Agreement, Aviara shall not be entitled to the benefit of this Agreement until and "Condition Precedent") has been satisfied. The Condition Precedent shall be both (i) the election by Aviara to proceed under the special conditions for Accelerated Affordable Housing set forth in Section 3.2.2(b) of the Aviara Inclusionary Housing Agreement, and (ii) the performance by Aviara to satisfy such special conditions. . unless the condition referenced in this Section 3 (the 4. protection for Aviaxq. Subject to satisfaction of the Condition Precedent as specified in Section 3 above, Aviara shall be entitled to the following protection as specified in this Section 4: 4.1. Should an ordinance or other measure be enacted after September 1, 1992 (the date of the public hearing at which the Aviara Inclusionary Housing Agreement was approved NU003503G.086 080192 -3- by City) and prior to expiration or termination of the term of this Agreement, whether by action of the City Council, by initiative or otherwise, having to do with or pertaining to (in whole or in part) the subject matter of Low Income Housing or Very Low Income Housing (as defined in the Aviara Inclusionary Housing Agreement), and which relates to or by its effect but for this Agreement would restrict the rate, timing or sequences of the development or construction of all or any parts of the Aviara Project, City agrees that such ordinance or other measure shall not apply to the Aviara Project. Other than the foregoing, the Project shall be subject to the effect of any future amendments to or changes in the rules, regulations, ordinances and official policies of City. 4.2 The review otherwise specified by Section 4.2 of the Aviara Inclusionary Housing Agreement shall not occur until the tenth anniversary of the effective date of such agreement: provided, however, that nothing contained in this Agreement shall be deemed to waive or affect in any way the City's rights relating to periodic review of development agreements pursuant to Section 21.70.140 et sea. of the Carlsbad Municipal Code. 5. permitted Delays. Performance by either party of its obligations under this Agreement shall be excused during any period of delay caused at any time by reason of acts of God or civil commotion, riots, strikes, picketing or other labor disputes, shortage of materials or supplies, damage to work in progress by reason of fire, floods, earthquake or other casualty, restrictions imposed or mandated by governmental or quasigovernmental entities, enactment of conflicting laws, litigation, acts or neglect of the other party, or any other cause beyond the reasonable control of a party. Each party shall promptly notify the other party of any delay hereunder as soon as possible after the same has been ascertained. The term of this Agreement and the time deadline for such performance shall be extended by the period of any such delay. 6. Default and Remedies. 6.1 Events of Default. Subject to any extensions of time by mutual consent of the parties, and subject to the provisions of Section 5 above regarding permitted delays, any failure by either party to perform any material term or provision of this Agreement shall constitute an event of default ("Event of Default") (i) if such defaulting party does not cure such failure within thirty (30) days following its receipt of notice of default from the other party, where such failure is of a nature which can be cured within such thirty (30) day period, or (ii) if such failure is not of a nature which can be cured within such thirty (30) day period, the defaulting party does not within such thirty (30) -4- day period commence substantial efforts to cure such failure and diligently prosecute the same to completion. Any notice of default given hereunder shall specify in detail the nature of the failure in performance which the noticing party claims constitutes the Event of Default and the manner in which such Event of Default may be satisfactorily cured in accordance with the terms and conditions of this Agreement. During the time periods herein specified for cure of a failure of performance, the party charged therewith shall not be considered to be in default for purposes of termination of this Agreement or institution of legal proceedings with respect thereto. 6.2 Remedies. Upon the occurrence of and failure to timely cure an Event of Default, the nondefaulting party shall have the right, in addition to all other rights and remedies available at law or in equity, to bring any proceeding in the nature of specific performance, injunctive relief, mandamus or in equity as may be permitted by the laws then in effect or this Agreement regarding the defaulting party's failure to perform its agreements, obligations or undertakings hereunder. In addition, upon the occurrence of and failure to timely cure an Event of Default, the nondefaulting party shall have the right to terminate this Agreement. 7. Transfers and Assianments. 7.1 Riaht to Assiaq. Aviara shall have the right to sell, mortgage, hypothecate, assign or transfer (*8Transfer8*) the Aviara Land in whole or in part to any person, partnership, joint venture, firm or corporation at any time during the term of this Agreement. In connection with any such Transfer, Aviara shall also have the right likewise to Transfer its rights under this Agreement as pertain to the Aviara Land or the applicable portion thereof. 7.2 It is understood and agreed by the parties that a portion of the Aviara Land has been subdivided and that remaining portions of the Aviara Land may be subdivided after the effective date of this Agreement. One or more such subdivided parcels may be Transferred to persons for development by them in reliance upon the provisions of this Agreement. The obligations of Aviara and any such transferees are several and not joint. Noncompliance by any such transferee with the terms and conditions of this Agreement or with applicable City rules and regulations shall not be deemed to be a default hereunder or grounds for termination hereof, or constitute cause for the City to initiate enforcement action against other persons then owning or holding interest in the Aviara Land or any portion thereof, and not themselves in default hereunder. -5- 8. Amendment. This Agreement may be canceled, modified or amended by mutual consent of the parties in writing in the manner provided for in Section 21.70.120 of the Carlsbad Municipal Code, or by the City in the manner provided for in Section 21.70.160 or in Section 21.70.190 of the Carlsbad Municipal Code. In the event of termination, the provision of Sections 21.70.170 and 21.70.180 of the Carlsbad Municipal Code shall apply. 9. potices. Any notice 'to either party shall be in writing and given by delivering the same to such party in person or by sending the same by registered or certified mail, return receipt requested, with postage prepaid, to the party's mailing address set forth below: If to Aviara, then to: D.L. Clemens Hillman Properties West, Inc. 2011 Palomar Airport Road Suite 206 Carlsbad, California 92008 With a copy to: Sheppard, Mullin, Richter & Hampton 501 West Broadway, 19th Floor San Diego, California 92101 Attn: Christopher B. Neils If to City of Carlsbad, to: City Manager City of Carlsbad City Hall 1200 Elm Avenue Carlsbad, California 92008 Either party may change its mailing address at any time by giving written notice of such change to the other party in the manner provided herein. All notices under this Agreement shall be deemed given, received, made or communicated on the date personal delivery is effected or, if mailed, on the delivery date or attempted delivery date shown on the return receipt. 10. Entire Asreement. This Agreement and the Exhibits attached hereto contain the entire agreement between the parties with respect to the subject matter hereof. Except as otherwise specified in this Agreement, any prior correspondence, memoranda, agreements, warranties or -6- representations are superseded by this Agreement and the Exhibits attached hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first set forth above. AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, a Delaware limited partnership BY Aviara Land Company, a Delaware corporation, General Partner BY Republic Development Company, a California corporation, General Partner CITY OF CARLSBAD, a Municipal corporation BY Claude A. Lewis, Mayor City of Carlsbad APPROVED AS TO FORM: Ronald R. Ball, City Attorney ATTEST: Aletha L. Rautenkranz, City Clerk -7- State of California 1 County of 1 ) ss. On , before me, I a notary public in and for said state, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upombehalf of which the person(s) acted, executed the instruments. WITNESS my hand and official seal. Signature (Seal) State of California 1 County of 1 ) ss. On , before me, f a notary public in and for said state, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instruments. WITNESS my hand and official seal. Signature (Seal) NU003503G.DB6 080492 -a- State of California 1 County of 1 ) ss. On , before me, I a notary public in and for said state, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instruments. WITNESS my hand and official seal. Signature (Seal) -9- EXHIBIT A PLANNINGAREA3 LEGAL DESCRIPTION Lots 101 through 126 of Carlsbad Tract 85-35C according to map thereof No. 12411, in the City of Carlsbad, County of San Diego, State of California. PLANNING AREA 13 LEGAL, DESCRIPTION Lots 234 Through 301 of Carlsbad Tract 85-35D according to map thereof No. 12412, together with Parcels 3 and 4 of Carlsbad Minor Subdivision 834 according to Parcel Map thereof No. 16451, all in the City of Carlsbad, County of San Diego, State of California. PLANNING AREA 15 LEGAL DESCRIPTION Parcel 6 of Carlsbad Minor Subdivision 834 according to parcel map thereof No. 16451, in the City of Carlsbad, County of San Diego, State of California. PHASE 111 - AVIARA PLANNING AREAS 17 - 23 LEGAL DESCRIPTION THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 22, THE NORTH HALF OF SECTION 27, ALL IN TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, AS SHOWN ON RECORD OF SURVEY NO. 10774, RECORDED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER, OCTOBER 30,1986 AS FILE NO. 86-494180 OF OFFICIAL RECORDS. EXCEPTING THEREFROM ALL THAT PORTION OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 22, CONVEYED TO THE CITY OF CARLSBAD BY THAT CERTAIN GRANT DEED (PARK SITE), RECORDED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER, JUNE 29,1989 AS FILE NO. 89-345769 OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM ALL THOSE PORTIONS OF THE NORTH HALF OF SAID SECTION 27, LYING WITHIN THOSE MAPS KNOWN AS CITY ACCORDING TO MAPS THEREOF NOS. 12409, 12410, 12411, 12412 AND 12413 RESPECTIVELY, FILED JUNE 29, 1989. OF CARLSBAD TRACT 85-35, AVIARA PHASE I, UNITS A, B, C, D AND E, ALSO EXCEPTING THEREFROM THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER AND THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 27, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORMA, ACCORDING TO THE OFFICIAL PLAT THEREOF. ALSO EXCEPTING THEREFROM ALL THAT PORTION OF SAID NORTH HALF OF SECTION 27 LYING WESTERLY OF A LINE DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHERLY LINE OF SAID SECTION 27, DISTANT THEREON NORTH 86058 I 38 WEST 659.33 FEET (RECORD NORTH 87'5 1 00 WEST 659.35 FEET) FROM THE NORTH QUARTER CORNER THEREOF, AS SHOWN ON SAID RECORD OF SURVEY MAP NO. 10774; THENCE ALONG THE BOUNDARY OF SAID RECORD OF SURVEY MAP NO. 10774, SOUTH 0006 WEST 1340.75 FEET TO AN ANGLE POINT THEREIN; THENCE SOUTH 87029 1 59" EAST (RECORD SOUTH 87030 08" EAST) 372.00 FEET; THENCE LEAVING SAID BOUNDARY SOUTH 2O30 I 01" WEST 326.73 FEET TO A POINT ON THE NORTHERLY LINE OF ALGA ROAD AS DESCRIBED IN THE HEREIN ABOVE MENTIONED EASEMENT DEED TO THE CITY OF CARLSBAD, AND BEING THE POINT OF TERMINUS. PLANNING AREA 24 LEGAL DESCRIPTION THOSE PORTIONS OF SECTIONS 22 AND 27, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 27, AS SHOWN ON RECORD OF SURVEY MAP NO. 10774, FILED IN THE OFFICE OF THE NO. 86-494180 OF OFFICIAL RECORDS; THENCE ALONG THE BOUNDARY OF SAID RECORD OF SURVEY MAP NO. 10774, SOUTH 86.58'38" EAST 236.30 FEET TO THE POINT OF INTERSECTION OF SAID BOUNDARY LINE WITH THE NORTHEASTERLY LINE OF THAT CERTAIN PARCEL OF LAND SHOWN AS "PARCEL K-1" AS DESCRIBED IN THE EASEMENT DEED TO THE CITY OF OFFICIAL RECORDS, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG THE BOUNDARY OF SAID RECORD OF SURVEY MAP NO. 10774, SOUTH 86.58'38" EAST 1082.37 FEET TO AN ANGLE POINT THEREIN: THENCE NORTH 1.49'19" WEST 331.07 FEET TO AN ANGLE POINT; THENCE SOUTH 86.57'12" EAST 660.57 FEET TO AN ANGLE POINT: THENCE SOUTH 1.36'47'' EAST 330.69 TO A POINT ON THE NORTHERLY LINE OF SAID SECTION 27; THENCE CONTINUING ALONG THE BOUNDARY OF SAID RECORD OF SURVEY MAP NO. 10774, SOUTH 0.06'50" WEST 1340.75 FEET TO AN ANGLE POINT THEREIN; THENCE SOUTH 87.29'59" EAST (RECORD SOUTH 87.30'08" EAST) 372.00 FEET; THENCE LEAVING SAID BOUNDARY SOUTH 2.30'01" WEST 326.73 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF ALGA ROAD AS DESCRIBED IN "PARCEL B" OF THE HEREIN ABOVE MENTIONED EASEMENT DEED TO THE CITY OF CARLSBAD; THENCE ALONG SAID RIGHT-OF-WAY NORTH 59*47'00" WEST 392.51 FEET TO THE BEGINNING OF A TANGENT 1001.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE NORTHWESTERLY AND WESTERLY ALONG SAID CURVE 474.04 FEET THROUGH A CENTRAL ANGLE OF 27'08'00"; THENCE TANGENT TO SAID CURVE NORTH 86*55'00" WEST 354.22 FEET TO THE BEGINNING OF A TANGENT 799.00 FOOT RADIUS NORTHERLY ALONG SAID CURVE 1020.71 FEET THROUGH A CENTRAL ANGLE OF 73'11'40"; THENCE TANGENT TO SAID CURVE 13*43'20" WEST 338.79 FEET; THENCE NORTH 14*43'00" WEST 355.88 FEET TO A POINT ON THE RIGHT-OF-WAY OF POINSETTIA LANE AS DESCRIBED IN "PARCEL A" OF THE HEREIN ABOVE MENTIONED EASEMENT DEED TO THE CITY OF CARLSBAD, SAID POINT ALSO BEING THE BEGINNING OF A TANGENT 25.00 COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 30, 1986 AS FILE CARLSBAD, RECODED JUNE 29, 1989 AS FILE NO. 89-345765 OF CURVE, CONCAVE NORTHEASTERLY; THENCE WESTERLY, NORTHWESTERLY AND -1- FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY: THENCE ALONG SAID CURVE 38.18 FEET THROUGH A CENTRAL ANGLE OF 87'30'00": THENCE RADIAL TO SAID CURVE NORTH 17*13'00tt WEST 51.00 FEET: THENCE SOUTH 72'47'00" WEST 2.76 FEET; THENCE NORTH 17*13'00" WEST 51.00 FEET TO THE BEGINNING OF A NON-TANGENT 25.00 FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 17*13'00" EAST: THENCE WESTERLY, NORTHWESTERLY AND NORTHERLY ALONG SAID CURVE 38.42 FEET THROUGH A CENTRAL ANGLE OF 88.03'39" TO THE TRUE POINT OF BEGINNING. RIGHT-OF-WAY AND NORTHERLY NORTHEASTERLY AND EASTERLY ALONG SAID -2- PHASE I1 PLANNING AREAS 25 - 30 LEGAL DESCRIPTION BEGINNING AT A POINT ON THE WESTERLY LINE OF SAID SECTION 27, DISTANT THEREON SOUTH 0'34'09" WEST 230.98 FEET FROM THE OF SAID WESTERLY LINE AND THE SOUTEERLY LINE OF TEAT CERTAIN EASEMENT FOR PUBLIC ROAD RECORDED IN THE OFFICE OF TEE COUNTY 89-345765 OF OFFICIAL RECORDS: THENCE ALONG THE SOUTHERLY AND SOUTHWESTERLY LINE OF SAID EASEMENT, NORTE 72'47'00" EAST 161.47 FEET TO TEE BEGINNING OF A TANGENT 25.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY: THENCE NORTHEASTERLY, EASTERLY AND SOUTHEASTERLY ALONG SAID CURVE 40.36 FEET THROUGH A CENTRAL ANGLE OF 92.30'00"; THENCE TANGENT TO SAID CURVE SOUTH 14'43'00" EAST 689.57 FEET TO TEE BEGINNING OF A TANGENT 901.00 FOOT RADIUS CURVE CONCAVE NORTEEASTERLY: THENCE SOUTEEASTERLY AND EASTERLY ALONG SAID CURVE 1135.38 FEET THROUGH A CENTRAL ANGLE OF 72'12'00'': THENCE TANGENT TO SAID CURVE SOUTH 86'55'00" EAST 217.41 FEET TO TEE MOST NORTHERLY CORNER OF CITY OF CARLSBAD TRACT NO. 85-35 (AVIARA PHASE 1 - UNIT E), ACCORDING TO MAP THEREOF NO. 12413, FILED IN TEE OFFICE OF THE COUNTY RECORDER, 47'10'50" WEST 350.89 FEET; THENCE SOUTH 40.43'12" WEST 605.23 FEET: THENCE SOUTH 17'45'00" EAST 846.44 FEET: TEENCE SOUTH 16*45'00'' WEST 112.44 FEET: THENCE SOUTH 12'58'00" EAST 1804.79 FEET: THENCE SOUTH 31'51'00" EAST 700.07 FEET: THENCE SOUTH 6'33'30" EAST 495.49 FEET: THENCE SOUTH 14.29'30" WEST 519.43 TEE AGREED BOUNDARY OF THE TITLE SETTLEMENT AND EXCEANGE JUNE 10, 1988 AS FILE NO. 88-278452 OF OFFICIAL RECORDS: THENCE ALONG SAID AGREED BOUNDARY-NORTH. 20'30'00" WEST 117..43 FEET: THENCE NORTH 85*00'00'* WEST 71.00 FEET: TBENCE SOUTH 25*30'0O1' WEST 223.00 FEET: THENCE SOUTH 10'45'00" EAST 53.00 FEET: THENCE SOUTH 33.30'00'' WEST 146.00 FEET: TEENCE SOUTH 55'30'00" WEST 52.00 FEET: THENCE SOUTH 77'30'00" WEST 358.00 FEET: THENCE SOUTH 55*10'00" WEST 167.00 FEET: TEENCE SOUTH 75*58'00" WEST NORTHWEST CORNER THEREOF, SAID POINT ALSO BEING TEE INTERSECTION RECORDER OF SAN DIEGO COUNTY, JUNE 29, 1989 AS FILE NO. JUNE 29, 1989; THENCE ALONG THE WESTERLY BOUNDARY THEREOF SOUTH FEET TO AN ANGLE POINT THEREIN, SAID POINT ALSO BEING A POINT IN AGREEMENT AND CONVEYANCE OF PUBLIC ACCESS EASEMENT, RECORDED -1- 42.00 FEET; THENCE NORTH 83'56'00" WEST 117.00 FEET: THENCE NORTH 73°50'00'' WEST 99.00 FEET: THENCE NORTB 79.50'00" WEST 147.00 FEET: THENCE NORTH 74.10'00'' WEST 190.00 FEET: THENCE NORTH 68.56'02" WEST 346.00 FEET: THENCE NORTH 73.16'26" WEST 174.03 FEET; THENCE NORTH 84'00'0Ot' WEST 124.00 FEET: THENCE SOUTH 78°00'00't WEST 447.00 FEET: THENCE NORTH 83.00'00'' WEST 123.73 FEET: THENCE NORTH 32.17'46" WEST 561.76 FEET: THENCE NORTH 69.15'09" WEST 228.25 FEET TO A POINT ON THE WESTERLY LINE OF THE EAST HALF OF TEE NORTHEAST QUARTER OF SAID SECTION 33, DISTANT THEREON SOUTH 0.43'34" EAST 788.20 FEET FROM THE NORTHWEST CORNER OF SAID EAST HALF, AS SAID POINT IS SHOWN ON DIEGO COUNTY RECORDER, OCTOBER 30, 1986 AS FILE NO. 86-494180 OF OFFICIAL RECORDS: THENCE ALONG THE BOUNDARY OF SAID RECORD OF SURVEY NO. 10774, NORTH 0.43'34'' WEST 788.20 FEET: THENCE NORTH 0.31'09" EAST 1357.67 FEET: THENCE SOUTH 89.08'21" EAST 1358.22 FEET: THENCE NORTH 23'17'49" EAST 157.02 FEET: THENCE SOUTH 83'48'32'' EAST 182.90 FEET: THENCE NORTB 63.48'24" EAST 118.59 FEET: THENCE NORTB 46'13'59" EAST 66.87 FEET: THENCE NORTH 21*18'51" EAST 78.99 FEET: TBENCE NORTH 14.41'04" WEST 271.89 FEET: THENCE NORTH 26'24'56'' WEST 112.98 FEET: TBENCE NORTH 44.10'38" WEST 189.09 FEET; THENCE NORTH 36'53'26" WEST 81.01 FEET: TBENCE NORTH 17.21'54" WEST 96.54 FEET: THENCE NORTH 7.59'33" WEST 108.38 FEET: THENCE NORTH 3'53'04" EAST 180.75 FEET: TgENCE NORTH 35'32'01" WEST 142.05 FEET TO TEE EAST QUARTER CORNER OF SAID SECTION 28; THENCE CONTINUING ALONG SAID BOUNDARY LINE NORTH 0.34'09" EAST 2485.34 FEET TO TBE POINT OF BEGINNING. RECORD OF SURVEY MAP NO. 10774, FILED IN THE OFFICE OF SAID SAN -2-