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Home My WebLink AboutCT 89-37; Aviara Land Associates; 1993-0554264; Affordable Housing Agreement/Releasem a cgty CIerk 1200 Carlsbad Village Dr. Carlsbad, CA 92008 2148 AFFORDABLE HOUSING DEVELOPMENT AGREEMENT THIS AFFORDABLE HOUSING DEVELOPMENT AGREEMENT (the flAgreementll) is entered into as of July 29 , 1993, by a between AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, a Delawa limited partnership (ffAviaralf) and the CITY OF CARLSBAD, a municipal corporation (ftCityll), with reference to the follow facts: A. This is a Development Agreement entered into pursuant to California Government Code Sections 65864 throug 65869.5. B. City has enacted Chapter 21.70 of the Carlsba Municipal Code, establishing procedures and requirements for the consideration of development agreements and setting fort the purposes and procedures for entering into development agreements. C. Aviara Project. Aviara is the developer of certain real property located in the City of Carlsbad, California (the "Aviara Proj ectll) and which Aviara Project i the subject of certain development approvals received from C including without limitation: The Master Plan approved by C 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 w respect to Phase I1 of the Aviara Project approved by City o 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 Ifplanning Areas." Certain residential Planning Areas have b sold or otherwise transferred by Aviara to Merchant Builder Entities and certain non-residential Planning Areas have bee 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," which includes Planning Areas 3, 13, 15 and 17 through 30, inclusive, and which is described with more particularity on Exhibit IfA" attached hereto. The term I'Aviara Landnf shall a include any other residential Planning Area of the Aviara Project which, after the date first written above, reverts t N\A003503G.DB6 080492 -1- , e 0 2143 the ownership of or otherwise becomes owned by Aviara or related entity. E. The parties agree that this Agreement shall 1: 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 I such memoranda of this Agreement as may be necessary to prov notice of this Agreement to all such parties. F. On September l4, 1992, Aviara and City entere into that certain Aviara Master Plan Agreement for Inclusion Housing, pursuant to duly noticed public hearing (the "Aviar Inclusionary Housing Agreement1#). The parties have recogniz that, if Aviara elects to proceed under and satisfies the special conditions set forth in Section 3.2.2(b) thereof ("Accelerated Affordable Housingtg), Aviara would be providin substantial amount of Affordable Housing which will be of significant benefit to City, and that Aviara would be doing 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 Agreeme G. On April 27 , 1993, the City Council of City held a duly noticed public hearing concerning this Agreement and adopted Ordinance NO. NS-245 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 proceed pursuant to the Accelerated Affordable Housing, and order to encourage Aviara to so elect, and in order to strengthen the public planning process and reduce the econon 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 Ci 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 rega to the impact of future initiatives, moratoria or other ordinances or actions affecting the rate, timing or sequence of development. In reliance upon City's covenants set forth this Agreement concerning the development of the Aviara Land N\A003503G.DB6 080492 -2- 213 0 0 Aviara has and will in the future incur substantial costs ir complying with the extra conditions pursuant to the Accelera Affordable Housing. Such compliaiice and the City's expectations constitute consideration for this Agreement and but for said commitments on the part of City, Aviara would r enter into this Agreement. covenants and promises of the parties herein contained, the parties agree as follows: NOW, THEREFORE, in consideration of the mutual 1. Property Subject to Asreement. 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 ar shall bind and inure to the benefit of all successors in interest to the parties hereto. 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, grz one or more extensions, each for a term not to exceed the length of the original term hereof, on condition that the Ci Council finds all of the following: (i) Aviara is meeting c has met its obligations under this Agreement; and (ii) in li of all the circumstances, including without limitation the benefits which the City has received from the performance bi Aviara with respect to the Project referred to in Recital H above, it is in the public interest to continue the Agreemer 3. Aviara's Condition Precedent. Notwithstandir the commencement of the term of this Agreement, Aviara shall not be entitled to the benefit of this Agreement until and unless the condition referenced in this Section 3 (the '#Condition Precedent") has been satisfied. The Condition Precedent shall be both (i) the election by Aviara to procec under the special conditions for Accelerated Affordable How 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. of the Condition Precedent as specified in Section 3 above, Aviara shall be entitled to the following protection as specified in this Section 4: 2. Term. The term of this Agreement shall comm~ 4. Protection for Aviara. Subject to satisfactj 4.1. Should an ordinance or other measure bc enacted after September 1, 1992 (the date of the public heal at which the Aviara Inclusionary Housing Agreement was apprc NU003503G.DB6 080492 -3- 0 21 0 by City) and prior to expiration or termination of the term this Agreement, whether by action of the City Council, by initiative or otherwise, having to do with or pertaining to whole or in part) the subject matter of Low Income Housing c Very Low Income Housing (as defined in the Aviara Inclusiona Housing Agreement), and which relates to or by its effect bu for this Agreement would restrict the rate, timing or sequen of the development or construction of all or any parts of th Aviara Project, City agrees that such ordinance or other measure shall not apply to the Aviara Project. Other than t 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. Section 4.2 of the Aviara Inclusionary Housing Agreement sha not occur until the tenth anniversary of the effective date 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 secr. of the Carlsbad Municipal Code. 4.2 The review otherwise specified by 5. Permitted Delays. Performance by either part of its obligations under this Agreement shall be excused dur any period of delay caused at any time by reason of acts of or civil commotion, riots, strikes, picketing or other labor disputes, shortage of materials or supplies, damage to work progress by reason of fire, floods, earthquake or other casualty, restrictions imposed or mandated by governmental c 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 soon as possible after the same has been ascertained. The t 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 ani material term or provision of this Agreement shall constitut an event of default ("Event of Default1#) (i) if such default 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 not of a nature which can be cured within such thirty (30) 1 period, the defaulting party does not within such thirty (3C N\A003503G.DB6 080492 -4- 2. 0 0 .. day period commence substantial efforts to cure such failure and diligently prosecute the same to completion. Any noticc default given hereunder shall specify in detail the nature c the failure in performance which the noticing party claims constitutes the Event of Default and the manner in which SUC Event of Default may be satisfactorily cured in accordance k the terms and conditions of this Agreement. During the timG periods herein specified for cure of a failure of performanc the party charged therewith shall not be considered to be ir 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 nondefaultin party shall have the right, in addition to all other rights remedies available at law or in equity, to bring any proceed in the nature of specific performance, injunctive relief, mandamus or in equity as may be permitted by the laws then i effect or this Agreement regarding the defaulting partyls failure to perform its agreements, obligations or undertakin hereunder. In addition, upon the occurrence of and failure timely cure an Event of Default, the nondefaulting party sha have the right to terminate this Agreement. 7. Transfers and Assisnments. 7.1 Riqht to Assiqn. Aviara shall have the right to sell., mortgage, hypothecate, assign or transfer (llTransfervt) the Aviara Land in whole or in part to any pers partnership, joint venture, firm or corporation at any time during the term of this Agreement. In connection with any s Transfer, Aviara shall also have the right likewise to Trans its rights under this Agreement as pertain to the Aviara Lan or the applicable portion thereof. 7.2 It is understood and agreed by the parti that a portion of the Aviara Land has been subdivided and th remaining portions of the Aviara Land may be subdivided afte 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 transfere are several and not joint. Noncompliance by any such transferee with the terms and conditions of this Agreement o with applicable City rules and regulations shall not be deem1 to be a default hereunder or grounds for termination hereof, 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. N\A003503G.DB6 080492 -5- 2. a 0 *. ,. 8. Amendment. This Agreement may be canceled, modified or amended by mutual consent of the parties in writ in the manner provided for in Section 21.70.120 of the Carls Municipal Code, or by the City in the manner provided for ir Section 21.70.160 or in Section 21.70.190 of the Carlsbad Municipal Code. In the event of termination, the provision Sections 21.70.170 and 21.70.180 of the Carlsbad Municipal C shall apply. 9. Notices. Any notice to either party shall be writing and given by delivering the same to such party in person or by sending the same by registered or certified mai return receipt requested, with postage prepaid, to the party 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 t manner provided herein. All notices under this Agreement sh 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, Exhibits attached hereto contain the entire agreement betwee the parties with respect to the subject matter hereof. Exce as otherwise specified in this Agreement, any prior correspondence, memoranda, agreements, warranties or 10. Entire Asreement. This Agreement and the NU003503G.DB6 080492 -6- 0 0 representations are superseded by this Agreement and the Exhil: attached hereto. IN WITNESS WHEREOF, the parties hereto have executed 1 Agreement as of the date first set forth above. AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, a Delaware limited pany, a Delaware corporation, General pment Company, a California corporatior City of Carlsbad PR VED AS TEWL L Ronald R. Ball,7/~~/~~ &*9- City Clerk City Attorney . ATTE”T : -7- m 0 2 *. State of California 1 County of\ On ~ Jy, /973 , before me, fl- a notdry public in and for said state, personall$ appeared fl[ ., (Ern&fi.< personally known to me (e-& whose namefs) is/-e subscribed to the within instrument and acknowledged to me that he/&+&hey executed the same in his/- ' authorized capacity-, and that by his/- ' signature@-) on the instrument the person@) c the entity upon behalf of which the person@) acted, execute the instruments. WITNESS my hand and official seal. d* Ch- mi3 "f sai;sfactor exddmc@ to be the person+ Signature (Seal) L State of California 1 ) ss. County of&& &o& 1 On &L2F, / 77.3 I before me, dg*$$ a nofary public'in and for said state, personally ppeared personally known to me (QZ+& whose name&-.)- is/* subscribed to the within instrument and acknowledged to me that he/&ef#? executed the same in his/- ' authorized capacity(-, and that by his/- ' signaturem on the instrument the person(- c the entity upon behalf of which the person(+ acted, execute the instruments. WITNESS my hand and official seal. rrf c WL dz&As€wt- ) to be the person+ &. A. CLEAk#S Signature &AdL ( Seal 1 NU003503G.DB6 080492 -8- c 0 L 0 .. 1 ) ss. County of Sari Diego 1 State of California On July 29, 1993 I before me, RANDEE HARLIB a notary public in and for said state, personally appeared CLAUDE A. LEWIS & KAREN R.KUNDTZpersonally known to me @ZXlXm ~~SXB#X@~X~EWH~#~X~~ to be the person(s whose name(s) &%/are subscribed to the within instrument and acknowledged to me that B#$Gt&/they executed the same in h%@te/their authorized capacity(ies), and that by -/their signature(s) on the instrument the person(s) c the entity upon behalf of which the person(s) acted, execute the instruments. WITNESS my ha d and offic' Signature +& l* (seal) N\A003503G.DB6 080492 -9- 0 0 EXHIBIT A PLANNING AREA 3 LEGAL DESCRIPTION Lots 101 through 126 of Carlsbad Tract 85-35Caccording to map thereof No. 1241 the City of Carlsbad, County of San Diego, State of California. PLANNING AREA 13 LEGAL DESClUPTION Lots 234 Through 301 of Carlsbad Tract 85-35D according to map thereof No. 124 together with Parcels 3 and 4 of Carlsbad Minor Subdivision 834 according to Part 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. 3 in the City of Carlsbad, County of San Diego, State of California. 0 0 -. PHASE III - AWA 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 7 SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY C SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, AS SHOWN ON RECORD OF SURVEY NO. 10774, RECORDED THE OFFICE OF THE SAN DIEGO COUNTY RECORDER, OCTOBER 30,l AS FILE NO. 86-494180 OF OFFICIAL RECORDS. EXCEPTING THEREFROM ALL THAT PORTION OF THE EAST HALF OF SOUTHEAST QUARTER OF SAID SECTION 22, CONVEYED TO THE CIF CARLSBAD BY THAT CERTAIN GRANT DEED (PARK SITE), RECORDEI THE OFFICE OF THE SAN DIEGO COUNTY RECORDER, JUNE 29, 1989 1 FILE NO. 89-345769 OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM ALL THOSE PORTIONS OF THE NORTl HALF OF SAID SECTION 27, LYING WITHIN THOSE MAPS KNOWN AS C ACCORDING TO MAPS THEREOF NOS. 12409, 12410, 12411, 12412 AND 124 RESPECTIVELY, FILED JUNE 29, 1989. ALSO EXCEPTING THEREFROM THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER AND THE WEST HALF OF ' NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, 1 THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIF01 ACCORDING TO THE OFFICIAL PLAT THEREOF. ALSO EXCEPTING THEREFROM ALL THAT PORTION OF SAID NORTH OF SECTION 27 LYING WESTERLY OF A LINE DESCRIBED AS FOLLOW BEGINNING AT A POINT ON THE NORTHERLY LINE OF SAID SECTIOb OF CARLSBAD TRACT 85-35, AVIARA PHASE I, UNITS A, B, C, D AND E, DISTANT THEREON NORTH 86058'38" WEST 659.33 FEET (RECORD NO1 87051 t 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 MAF 10774, SOUTH 0006 WEST 1340.75 FEET TO AN ANGLE POINT THEREIN; THENCE SOUTH 87029~59" EAST (RECORD SOUTH 87°30108" EAST) 372.1 FEET; THENCE LEAVING SAID BOUNDARY SOUTH 2"30 1 01" WEST 326.' FEET TO A POINT ON THE NORTHERLY LINE OF ALGA ROAD AS DESCRIBED IN THE HEREIN ABOVE MENTIONED EASEMENT DEED T THE CITY OF CARLSBAD, AND BEING THE POINT OF TERMINUS. b 0 2 a -* e .. .. PLANNING AREA 24 LEGAL DESCRIPTION THOSE PORTIONS OF SECTIONS 22 AND 27, TOWNSHIP 12 SOUTH, RANG WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING OFFICIAL PLAT THEREOF, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 27, AS SHO ON RECORD OF SURVEY MAP NO. 10774, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 30, 1986 AS FILE NO. 86-494180 OF OFFICIAL RECORDS: THENCE ALONG THE BOUNDARY SAID RECORD OF SURVEY MAP NO. 10774, SOUTH 86'58'38" EAST 236 FEET TO THE POINT OF INTERSECTION OF SAID BOUNDARY LINE WITH THE NORTHEASTERLY LINE OF THAT CERTAIN PARCEL OF LAND SHOWN A "PARCEL K-1" AS DESCRIBED IN THE EASEMENT DEED TO THE CITY OF CARLSBAD, RECODED JUNE 29, 1989 AS FILE NO. 89-345765 OF OFFICIAL RECORDS, SAID POINT BEING THE TRUE POINT OF BEGINNIN 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 AN POINT: THENCE SOUTH 1'36'47'' EAST 330.69 TO A POINT ON THE NORTHERLY LINE OF SAID SECTION 27; THENCE CONTINUING ALONG TH BOUNDARY OF SAID RECORD OF SURVEY MAE' NO. 10774, SOUTH 0'06'5 WEST 1340.75 FEET TO AN ANGLE POINT THEREIN; THENCE SOUTH 87*29'59" EAST (RECORD SOUTH 87'30'08" EAST) 372.00 FEET: THE 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 "PARCEL B" OF THE HEREIN ABOVE MENTIONED EASEMENT DEED TO THE CITY OF CARLSBAD; THENCE ALONG SAID RIGHT-OF-WAY NORTH 59'47' 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 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 ANG 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 POI ON THE RIGHT-OF-WAY OF POINSETTIA LANE AS DESCRIBED IN "PARCE A" OF THE HEREIN ABOVE MENTIONED EASEMENT DEED TO THE CITY OF CURVE, CONCAVE NORTHEASTERLY: THENCE WESTERLY, NORTHWESTERLY CARLSBAD, SAID POINT ALSO BEING THE BEGINNING OF A TANGENT 25 -1- 0 e * .. 5. FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE ALONG SAID RIGHT-OF-WAY AND NORTHERLY NORTHEASTERLY AND EASTERLY ALONG ! CURVE 38.18 FEET TEiROUGH A CENTRAL ANGLE OF 87'30'00"; THENCl RADIAL TO SAID CURVE NORTH 17*13'00" WEST 51.00 FEET; THENCE SOUTH 72.47'00" WEST 2.76 FEET; TBENCE NORTE 17'13'00" WEST 51.00 FEET TO TBE BEGINNING OF A NON-TANGENT 25.00 FOOT RAD11 CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS SC 17*13'00" EAST; THENCE WESTERLY, NORTHWESTERLY AND NORTHERLY ALONG SAID CURVE 38.42 FEET THROUGH A CENTRAL ANGLE OF 88'03 TO TEE TRUE POINT OF BEGINNING. -2- c L ._.. I.. 0 0 .* PHASE I1 PLANNING AREAS 25 - 30 LEGAL DESCRIPTION BEING A SUBDIVISION OF A PORTION OF SECTIONS 27, 28, 33 AND ALL IN TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MER1 IN TEE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, DESCRIBED A, FOLLOWS : BEGINNING AT A POINT ON THE WESTERLY LINE OF SAID SECTION 2' DISTANT THEREON SOUTH 0.34'09" WEST 230.98 FEET FROM TEE NORTHWEST CORNER THEREOF, SAID POINT ALSO BEING TEE INTERSE( OF SAID WESTERLY LINE AND THE SOUTHERLY LINE OF TEAT CERTAII EASEMENT FOR PUBLIC ROAD RECORDED IN TBE OFFICE OF THE COU" RECORDER OF SAN DIEGO COUNTY, JUNE 29, 1989 AS FILE NO. 89-345765 OF OFFICIAL RECORDS: THENCE ALONG TBE SOUTHERLY Al SOUTHWESTERLY LINE OF SAID EASEMENT, NORTH 72'47'00" EAST 11 FEET TO THE 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 14'4: EAST 689.57 FEET TO THE BEGINNING OF A TANGENT 901.00 FOOT RADIUS CURVE CONCAVE NORTEEASTEXLY; THENCE SOUTHEASTERLY ANI EASTERLY ALONG SAID CURVE 1135.38 FEET THROUGH A CENTRAL AN( OF 72'12'00"; THENCE TANGENT TO SAID CURVE SOUTE 86.55'00" I 217.41 FEET TO THE MOST NORTHERLY CORNER OF CITY OF CARLSBAI TRACT NO. 85-35 (AVIARA PEASE 1 - UNIT E), ACCORDING TO MAP THEREOF NO. 12413, FILED IN THE OFFICE OF THE COUNTY RECORD€ JUNE 29, 1989; TEENCE ALONG THE WESTERLY BOUNDARY THEREOF SC 47°10'50t' WEST 350.89 FEET; THENCE SOUTH 40.43'12'' WEST 605. FEET; THENCE SOUTE 17.45'00" EAST 846.44 FEET; THENCE SOUTH 16'45'00" WEST 112.44 FEET: THENCE SOUTH 12*58'00" EAST 1804 FEET; TEENCE SOUTE 31.51'00" EAST 700.07 FEET: TEENCE SOUTH 6.33'30" EAST 495.49 FEET: THENCE SOUTH 14'29'30" WEST 519.4 FEET TO AN ANGLE POINT THEREIN, SAID POINT ALSO BEING A POI1 TEE AGREED BOUNDARY OF TEE TITLE SETTLEMENT AND EXCHANGE JUNE 10, 1988 AS FILE NO. 88-278452 OF OFFICIAL RECORDS: TEE ALONG SAID AGREED BOUNDARY. NORTH. 2 0 3 0 ' 0 0 " WEST 117. . 43 FEET : TEENCE NORTH 85*00'00" WEST 71.00 FEET: TEENCE SOUTH 25'30'0 WEST 223.00 FEET; THENCE SOUTH 10.45'00" EAST 53.00 FEET: TE.I SOUTH 33*30'00" WEST 146.00 FEET; THENCE SOUTH 55'30'00" WES 52.00 FEET; THENCE SOUTH 77*30'00" WEST 358.00 FEET; THENCE SOUTE 55'1O'0Ot' WEST 167.00 FEET; THENCE SOUTH 75*58'00" WES AGREEMENT AND CONVEYANCE OF PUBLIC ACCESS EASEMENT, RECORDEI: -1- 0 0 216 1- I 42-00 FEET; THENCE NORTH 83.56'00" WEST 117.00 FEET; THENC NORTH 73*50'00'' WEST 99.00 FEET; THENCE NORTH 79*50'00'' WE 147.00 FEET: THENCE NORTH 74*10'00" WEST 190.00 FEET; THE& NORTH 68'56'02'' WEST 346.00 FEET: THENCE NORTH 73'16'26'' W 174.03 FEET: THENCE NORTH 84'00'00" WEST 124-00 FEET; THEN SOUTH 78'00'00" WEST 447.00 FEET; THENCE NORTH 83°00'00'' W 123.73 FEET: THENCE NORTH 32.17'46" WEST 561-76 FEET: TEEN NORTH 69*15'09'' WEST 228.25 FEET TO A POINT ON THE WESTERL OF THE EAST HALF OF THE NORTHEAST QUARTER OF SAID SECTION DISTANT THEREON SOUTH 0.43'34'' EAST 788-20 FEET FROM THE RECORD OF SURVEY MAP NO. 10774, FILED IN THE OFFICE OF SA1 DIEGO COUNTY RECORDER, OCTOBER 30, 1986 AS FILE NO. 86-494 OFFICIAL RECORDS; THENCE ALONG THE BOUNDARY OF SAID RECORD SURVEY NO. 10774, NORTH 0.43'34'' WEST 788-20 FEET; TEENCE: ' 0.31'09" EAST 1357.67 FEET; TEENCE SOUTH 89.08'21'' EAST 13 FEET; THENCE NORTH 23.17'49" EAST 157.02 FEET; THENCE SOUTl 83.48'32" EAST 182.90 FEET; THENCE NORTH 63.48'24" EAST 11; FEET; THENCE NORTH 46 13 ' 59" EAST 66.87 FEET : TEfENCE NORTH 21*18'51" EAST 78.99 FEET; THENCE NORTH 14*41'04'' WEST 271 FEET: THENCE NORTH 26.24'56'' WEST 112.98 FEET; THENCE NORTI 44*10'38'' WEST 189.09 FEET; THENCE NORTH 36.53'26'' WEST 81 FEET: THENCE NORTH 17*21'54" WEST 96-54 FEET: THENCE NORTH 7.59'33'' WEST 108.38 FEET; THENCE NORTH 3*53'04'' EAST 180.7 FEET; THENCE NORTH 35*32'01" WEST 142.05 FEET TO TEiE EAST QUARTER CORNER OF SAID SECTION 28; THENCE CONTINUING ALONG BOUNDARY LINE NORTH 0.34'09" EAST 2485.34 FEET TO TEE POIN'I BEGINNING. NORTHWEST CORNER OF SAID EAST HALF, AS SAID POINT IS SHOWN --- ) NO FEE -2-