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HomeMy WebLinkAboutCT 93-01; Continental Ranch Inc; 1998-0162920; Affordable Housing Agreement/Release443 MFlR 25s 1998 3124 PM RECORDING REQUESTED BY I MTIC City of Carlsbad WHEN RECORDED MAIL TO: FEES: City of Carlsbad City Clerk’s Office Am: City Clerk 1200 Carlsbad Village Drive Carlsbad, California 92008 61.00 AFFORDABLE HOUSING AGREEMENT IMPOSING RESTRICTIONS ON REAL PROPERTY This AFFORDABLE HOUSING AGREEMENT IMPOSING RESTRICTIONS ON REAL PROPERTY (“Agreement”), entered into this 23rd day of March , 1998, by and between the CITY OF CARLSBAD, a municipal corporation (“City”), and CONTINENTAL RANCH INC., a Delaware corporation (“Developer”), is made with reference to the following: A. Developer is the owner of certain real property in the City of Carlsbad, in the County of San Diego, California (“Subject Property”) described in “Attachment A,” which is attached hereto and incorporated herein by this reference. B. Developer wishes to construct 775 residential units (“Phase 1 of the Master Development”) on a portion of the Subject Property. The City has approved the Rancho Carrillo Master Plan (“Master Plan”); Carlsbad Tract Map Numbers CT 93-01, CT 93-04, CT 93-07, CT 93-08 and CT 95-06; Planned Unit Development Numbers PUD 93-06, PUD 93-07, PUD 95-04 AND PUD 95-05; and, Site Development Plan Numbers SDP 94-01, SDP 95-12 and SDP 95-13 for the ”Master Development” of the Subject Property. The City issued these approvals subject to certain Conditions of Approval, including a condition requiring fifteen percent (1 5%) of the units in the Master Development to be affordable housing as required by the City’s Inclusionary Housing Ordinance, Carlsbad Municipal Code Chapter 2 1.85 (“CMC Chapter 21.85”). In that regard, this Agreement, as supplemented and amended from time to time, is intended to implement the requirements imposed by CMC Chapter 21.85 for these approvals and all future City approvals of tentative maps, planned development permits and site development plans pursuant to the Master Plan. C. Developer has indicated that it intends to meet its inclusionary housing requirement for Phase 1 of the Master Development by constructing, or causing to be constructed, 1 16 units within Village B of the Master Plan. 02/12/98 1 D. Developer is required by the Conditions of Approval to enter into an Affordable Housing Agreement as required and with the content specified by CMC Chapter 21.85. This Agreement is an Affordable Housing Agreement pursuant to CMC Section 21.85.020(b)(5), and shall be signed prior to the approval of any Final Map for the Subject Property. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. Incomoration of Recitals. The Recitals are hereby incorporated in this Agreement. 2. Satisfaction of Affordable Housing Obligation and Conditions of Approval. In order to satisfy the Conditions of Approval of CT 93-01, CT 93-04, CT 93-07, CT 93-08, CT 95- 06 and future tentative maps approved by the City within the Master Plan, and the requirements of CMC Chapter 21.85, Developer shall cause a minimum of one hundred sixteen (1 16) units of Phase 1 of the Master Development to be affordable to lower-income households (the “Affordable Units”), according to the schedule and terms contained herein. 3. Number and Type of Affordable Units. Developer shall construct, or cause to be constructed, one hundred sixteen (1 16) multifamily dwelling units (“Affordable Multifamily Units”). 4. Terms Governing Provision of Affordable Multifamily Units. Provision of the Affordable Multifamily Units shall be governed by the following terms: 4.1 Location of Multifamilv Units. The Phase 1 Affordable Multifamily Units shall consist of one hundred sixteen (1 16) units to be constructed within Village B of the Master Development. 4.2 Size and Bedroom Count. The Phase 1 Affordable Multifamily Units shall include one, two and three bedroom units in the numbers and with the square footages indicated in “Attachment B to this Agreement. 4.3 Affordabilitv Requirements. The Phase 1 Affordable Multifamily Units shall be restricted to occupancy by households with incomes, at the time of initial occupancy, that do not exceed 50%, 6O%, or 80% of the median income for San Diego County, adjusted for actual household size. Twenty percent (20%) of the Phase 1 Affordable Multifamily Units shall be affordable to households with incomes, at the time of initial occupancy, that do not exceed 50% of the median income for San Diego County, adjusted for actual household size; forty percent (40%) of the Phase 1 Affordable Multifamily Units shall be affordable to households with incomes not exceeding 60% of the median income; and forty percent (40%) of the Phase 1 Affordable Multifamily Units shall be affordable to households with incomes not exceeding 80% of the median income. Monthly rents (including utility allowance as published by the United States Department of Housing and Urban Development) of the Affordable Multifamily Units shall not exceed 1/12” of 30% of the designated percentage of median income for San Diego 02/12/98 2 445 County, adjusted for assumed household size appropriate for the unit. Median income figures shall be those published annually by the United States Department of Housing and Urban Development. Assumed household size figures shall be provided to Developer by the City of Carlsbad Housing and Redevelopment Department. With respect to each Affordable Multifamily Unit, the affordability requirements of this Section 4.3 shall continue for fifty-five (55) years from the date of issuance of a Certificate of Occupancy by the City for such unit. The affordability requirements of this Section 4.3 shall be set forth in the Regulatory Agreement between the Developer or its successor and the City, provided for in Section 4.7.4 below, which shall supersede this Agreement with respect to the Phase 1 Affordable Multifamily Units upon recordation of the Regulatory Agreement. 4.4 Affordable Housing Developer. Developer has indicated it will contract with an affordable housing developer to develop and construct the Phase 1 portion of the Affordable Multifamily Units to be constructed in Village B. Developer shall obtain prior City approval of the developer and proposed development agreement for the units (“Affordable Housing Development Agreement”). The Affordable Housing Development Agreement shall describe with particularity the financial arrangements for the construction of the Affordable Multifamily Units, the restrictions applicable to the Affordable Multifamily Units and the record keeping obligations for the management of the units. 4.5 Schedule for Developing Affordable Multifamilv Units. Developer shall provide the Affordable Multifamily Units pursuant to the following schedule: 4.5.1 Prior to the approval of any Final Map for the Master Development, the following shall be in place: 4.5.1.1 This Agreement shall be duly signed and recorded against the subject property. 4.5.1.2 A Site Development Plan shall be approved for the Phase 1 Affordable Multifamily Units. City hereby agrees to priority process the Site Development Plan for the Phase 1 Affordable Multifamily Units. 4.5.2 Building permits shall not be issued for more than 225 of the market rate units included in Phase 1 of the Master Development prior to the Phase 1 Affordable Multifamily Units in Village B being under construction. For purposes of this Agreement, “under construction” means approval and issuance of the building permits and completion of inspection(s) for the foundation(s) for the initial phase of the Phase 1 Affordable Multifamily Units. The 225 building permits for market rate units included in Phase 1 of the Master Development may be allocated among the villages in Phase 1 of the Master Development in any combination as Developer determines in its sole discretion. 02/12/98 4.5.3 Building permits shall not be issued for more than 500 total of the market rate units included in Phase 1 of the Master Development prior to 3 446 completion of the construction of the Phase 1 Affordable Multifamily Units in Village B. After final inspection is complete by the Building Department and a final Certificate of Occupancy is issued, for the Phase 1 Affordable Multifamily Units, building permits may be obtained for the remaining 159 market rate units in Phase 1 of the Master Development. 4.6 Comuliance Reuort. Following completion of construction of the Phase 1 Affordable Multifamily Units, a Compliance Report meeting the requirements of CMC Section 21.85.180, verifying compliance of the completed Phase 1 Affordable Multifamily Units with the terms of this Agreement and certified as correct by a third-party, shall be submitted annually to the Housing and Redevelopment Director. If similar reports on the Phase 1 Affordable Multifamily Units are required for regulatory compliance with other financing programs, those reports may be deemed satisfactory for the purpose of this section by the Housing and Redevelopment Director, with respect to the Phase 1 Affordable Multifamily Units covered by such reports, provided that copies of those reports are provided on an annual basis to the Housing and Redevelopment Director with a third party certification addressed to the City. 4.7 City Auuroval of Documents. The following documents, in form and substance acceptable to the City, shall be used in connection with the rental of the Phase 1 Affordable Multifamily Units. Such documents shall be prepared by the Developer or its successor and shall be submitted to the Housing and Redevelopment Director for review and approval no later than the commencement of construction of the Phase 1 Affordable Multifamily units: 4.7.1 A marketing plan establishing the process for seeking, selecting and determining the eligibility of tenants of the Phase 1 Affordable Multifamily Units. 4.7.2 A form of Rental Agreement. 4.7.3 A property management plan. 4.7.4 A form of regulatory agreement between the Developer or its successor and the City ("Regulatory Agreement"). 5. Release of Subiect Prouemi From Agreement. The covenants and conditions herein contained shall apply to and bind the heirs, executors, administrators, successors, transferees and assignees of all the parties having or acquiring any right, title or interest in or to any part of the Subject Property, and shall run with and burden the Subject Property until terminated in accordance with the provisions hereof. Prior to the issuance of building permits, Developer shall expressly make the conditions and covenants contained in this Agreement a part of any deed or other instrument conveying any interest in the Subject Property. Notwithstanding anything to the contrary set forth in this Agreement, individual purchasers of single-family units pursuant to an approved public report in compliance with the California Subdivided Lands Act, and mortgage lenders holding deeds of trust on such individual units after sale to such 02/12/98 4 44 7 purchasers, shall not be subject to the terms of this Agreement; and the terms of this Agreement shall be of no further force or effect with respect to such completed unit on the date of the recordation of a deed to the individual purchaser. Upon allocation by the Developer of the building permits for the first 225 market rate units among the villages in Phase 1 of the Master Development, in any combination as Developer determines in its sole discretion, then those 225 market rate units shall be released from the burdens of this Agreement. Upon allocation by the Developer of the building permits for the 226Ih through 500” market rate units among the villages in Phase 1 of the Master Development, in any combination as Developer determines in its sole discretion, and after the Phase 1 Affordable Multifamily Units in Village B are under construction, then the 226“ through 500”’ market rate units shall be released from the burdens of this Agreement. After final inspection is complete, or a final Certificate of Occupancy is issued, for the Phase 1 Affordable Multifamily Units, then the remaining 159 market rate units in Phase 1 of the Master Development shall be released from the burdens of this Agreement. 6. Default. Failure of Developer to cure any default in Developer’s obligations under the terms of this Agreement within ninety (90) days after the delivery of a notice of default from the City (or where the default is of a nature which cannot be cured within such ninety (90) day period, the failure of Developer to commence to cure such default within the ninety (90) day period or Developer’s failure to proceed diligently to complete the cure of such a default within a reasonable time period) will constitute a breach of this Agreement and the requirements of Carlsbad Municipal Code Chapter 21.85 and the City may exercise any and all remedies available to it with respect to Developer’s failure to satisfy the Conditions of Approval and Chapter 21.85 of the Carlsbad Municipal Code, including, but not limited to, the withholding of building permits for the market rate units within the Master Plan. 7. Appointment of Other Agencies. At its sole discretion, the City may designate, appoint or contract with any other public agency, for-profit or non-profit organization to perform the City’s obligations under this Agreement. 8. Hold Harmless. Developer will indemnify and hold harmless (without limit as to amount) City and its elected officials, officers, employees and agents in their official capacity (hereinafter collectively referred to as “Indemnitees”), and any of them, from and against all loss, all risk of loss and all damage (including expense) sustained or incurred because of or by reason of any and all claims, demands, suits, actions, judgments and executions for damages of any and every kind and by whomever and whenever made or obtained, allegedly caused by, arising out of or relating in any manner to Developer’s actions or defaults pursuant to this Agreement, and shall protect and defend Indemnitees, and any of them, with respect thereto. 9. Insurance Reauirements. Developer (or its successor or successors) shall obtain, at its (or their) expense, comprehensive general liability insurance for development of the Phase 1 Affordable Multifamily Units naming Indemnitees as additional named insureds with aggregate limits of not less than Five Million Dollars ($5,000,000) for bodily injury, and death and property damage, including coverage for contract liability and products and completed operations purchased by Developer (or its successor or successors) from an insurance company duly licensed to engage in the business of issuing such insurance in the State, with a current Best’s 02/12/98 5 448 Key Rating of not less than A-V, such insurance to be evidenced by an endorsement which so provides and delivered to the City Clerk prior to the issuance of any building permit for the Phase 1 Affordable Multifamily Units 10. Notices. All notices required pursuant to this Agreement shall be in writing and may be given by personal delivery or by registered or certified mail, return receipt requested, to the party to receive such notice at the addresses set forth below: To the City of Carlsbad: CITY OF CARLSBAD Housing and Redevelopment Department Attn: Housing and Redevelopment Director 2965 Roosevelt Street, Suite B Carlsbad, California 92008-2389 CONTINENTAL RANCH, INC. Attn: Dave Lother 12636 High Bluff Drive, Suite 300 San Diego, California 92130 To the Developer: Any party may change its address to which notices are to be sent by notifying the other party of the new address, in the manner set forth above. 1 1. Integrated Agreement. This Agreement constitutes the entire agreement between the parties and no modification hereof shall be binding unless reduced to writing and signed by the parties hereto. 12. Duration of Agreement. This Agreement shall remain in effect for 55 years following the date certificates of occupancy have been issued for all Affordable Units. 13. Recording of Agreement. The parties hereto shall cause this Agreement to be recorded against the Subject Property in the Official Records of the County of San Diego. 14. Severabilitv. In the event any limitation, condition, restriction, covenant or provision contained in this Agreement is to be held invalid, void or unenforceable by any court of competent jurisdiction, the remaining portions of this Agreement shall nevertheless be and remain in full force and effect. 0211 2/98 6 - - 4 4.9 p$MTNESS WHEREOF, the parties hereto have caused this Agreement to be slgned as ofthe day and year first above written. CITY: CITY OF CARLSBAD, a municipal corporation Community Development Director . Approved as to form: 4- I/p<pv G-y iiJ3rfle-y i RONALD R. BALL, City Attorney DEVELOPER: CONTMENTAL RANCH, NC., a Delaware corporation 0211 2/98 Its: r-. ATTACHMENT “A” (Subject Property) VAV ' an^^^^^ 5620 F:iars Rvad RICK ENGINEERING COMPANY L-J Califurniu92110-2596 (6191291-0707 Legal Description J-12987 RANCHO CARRILLO, EXCLUDING PARK SITES AND SCHOOL SITE By: RB/jb.002 Date: February 27, 1998 Page 1 of 8 A parcel of land being a portion of the Southerly one half of Section 18 and a portion of Section 19, Township 12 South, Range 3 West, San Bernardino Meridian and a portion of Fractional Section 13 and a portion of Fractional Section 24, Township 12 South, Range 4 West, San Bernardino Meridian, City of Carlsbad, County of San Diego, State of California described as follows: Beginning at a point on the Westerly boundary line of Record of Survey No. 91 12 on file in the Office of the County Recorder of said County of San Diego, said point also being on the centerline of Palomar Airport Road and the beginning of a non-tangent 1200.00 foot radius curve concave Southwesterly, to which a radial line bears North 02"03'04" East; thence leaving said Westerly line and along said centerline Southeasterly along the arc of said curve through a central angle of 20"13'34" a distance of 423.61 feet; thence South 67O43'22" East 1328.80 feet to the beginning of a tangent 1000.00 foot radius curve concave Northeasterly; thence Southeasterly along the arc of said curve through a central angle of 03"09'32" a distance of 55.13 feet to the beginning of a non-tangent 2263.00 foot radius curve concave Northerly to which a radial line bears North 08"33'46" East; thence Easterly along the arc of said curve through a central angle of 16"17'25" a distance of 643.41 feet to the beginning of a non-tangent 1000.00 foot radius curve concave Northwesterly to which a radial line bears North 18"16'59" West; thence Northeasterly along the arc of said curve through a central angle of 03"09'32" a distance of 55.13 feet; thence North 68"33'29" East 1525.56 feet to the beginning of a tangent 6000.00 foot radius curve concave Southeasterly; thence Northeasterly along the arc of said curve through a central angle of 05"39'05" a distance of 591.81 feet; thence North 74"12'34" East 454.40 feet to the beginning of a tangent 3000.00 foot radius curve concave Southeasterly; thence Northeasterly along the arc of said curve through a central angle of OO"52'58 a distance of 46.22 feet to a point on the Easterly boundary line of said Record J-12987 RANCHO CARRILLO, EXCLUDING PARK SITES AND SCHOOL SITE By: RB/jb.002 Date: February 27, 1998 Page 2 of 8 Legal Description TC Ref. Order No. i osle De*Cr. 1 I Rev. By - I of Survey No. 91 12; thence leaving said centerline and Southerly, Westerly and Northerly along the boundary lines of said Record of Survey the following courses: South OO"39'50" West 2492.24 feet; thence South OO"O8'23" West 2669.98 feet: thence South OO"O7'39" West 1335.81 feet; thence North 89"45'39" West 1314.12 feet: thence North 89"48'08" West 1248.20 feet: thence North 89"46'41" West 1848.74 feet; thence South OO"51'48" West 431.07 feet to the beginning of a non-tangent 900.00 foot radius curve concave Northeasterly, to which a radial line bears South 15"05'10" West; thence Northwesterly along the arc of said curve through a central angle of 01 "44'50" a distance of 27.45 feet; thence North 73°10'00" West 120.00 feet to the beginning of a tangent 900.00 foot radius curve concave Northeasterly: thence Northwesterly along the arc of said curve through a central angle of 29"32'00" a distance of 463.91 feet; thence South 46"22'00' West 82.83 feet to the beginning of a tangent 150.00 foot radius curve concave Northerly; thence Westerly along the arc of said curve through a central angle of 82"18'00" a distance of 21 5.46 feet; thence North 51 "20'00" West 440.25 feet to the beginning of a tangent 700.00 foot radius curve concave Northeasterly; thence Northwesterly along the arc of said curve through a central angle of 19"20'00" a distance of 236.20 feet: thence North 32"OO'OO" West 425.00 feet to the beginning of a tangent 750.00 foot radius curve concave Southwesterly; thence Northwesterly along the arc of said curve through a central angle of 57"17'44" a distance of 750.00 feet; thence North 89"17'44" West 480.00 feet: thence North OO"41'42" East 205.09 feet; thence South 89"26'46" East 2458.80 feet; thence North 02"38'00" West 5065.02 feet to the Point of Beginning. Excepting therefrom the following described parcels of land: [Existina Park Site 1) Commencing at the Southeast corner of said Record of Survey No. 91 12; thence North VA@ ' iun~iego ,620 Fnnrr Road RICK ENGINEERING COMPANY L-A Csiiforniv92110-2396 (619)291.0707 J-12987 RANCHO CARRILLO, EXCLUDING PARK SITES AND SCHOOL SITE By: RB/jb.002 Date: February 27, 1998 Page 3 of 8 453 Legal Description TC Ref. Order NO. oescr. Re". BY OO"O7'39" East along the Easterly line thereof 1335.81 feet; thence leaving said Easterly line North 89'46'1 1" West 1308.84 feet; thence North OO"21'00" East 1398.14 feet; thence North 89"39'00" West 542.1 1 feet to the TRUE POINT OF BEGINNING, being a point on that certain document granted to the City of Carlsbad on February 24,1977 as File/Page 77-068081; thence along said document the following courses: South 36"15'49" West 408.00 feet; South 05"10'15" East 176.66 feet; South 06"32'57" West 225.02 feet; South 79'55'36'' East 228.30 feet; South 32"22'19" East 107.90 feet; South 19"16'22" West 68.69 feet; South 76"50'48" West 575.23 feet; North 48"51'58" West 291 .IO feet; North 16"01'37" East 549.47 feet; North 49"58'58" East 494.91 feet; North 85"50'40" East 240.49 feet to the TRUE POINT OF BEGINNING. (Existina Park Site 21 That parcel of land described in that document recorded November 4, 1997 as Document No. 97-0554155 and being a portion of Parcel 2 of Certificate of Compliance, Document No. 94-0497667 in the City of Carlsbad, both on file in the Office of the County Recorder of San Diego County, State of California described as follows: Beginning at an angle point in the Southeasterly line of said Parcel 2 formed by the intersection of the two courses: North 85"50'40" East 92.05 feet, North 04"09'20" West 326.97 feet; thence along said Southeasterly line the following courses: South 85"50'40" West 92.05 feet to the beginning of a tangent 2000.00 foot radius curve concave Southerly; thence Westerly along the arc of said curve through a central angle of OZ"22'02" a distance of 82.63 feet; thence leaving said Southeasterly line North 50"32'05" East 214.03 feet to said Southeasterly line; thence along said Southeasterly line South 04"09'20" East 122.00 feet to the Point of Beginning. Legal Description J-I 2987 RANCHO CARRILLO, EXCLUDING PARK SITES AND SCHOOL SITE By: RB/jb.002 TC Ref. CO. Order NO. Date DeSCI. RW. ay Date: February 27, 1998 Page 4 of 8 (ProDosed Lot 11 1, Carlsbad Tract No. 93-04. Villaae "Q. Phase 1, Park Site) Commencing at the Southeast corner of said Record of Survey No. 91 12; thence North OO"07'39" East along the Easterly line thereof 1335.81 feet; thence leaving said Easterly line North 89"46'11" West 1308.84 feet; thence North OO"21'00" East 1398.14 feet; thence North 89"39'00" West 542.1 1 feet to the TRUE POINT OF BEGINNING, being a point on that certain document granted to the City of Carlsbad on February 24, 1977 as FilelPage 77-068081; thence along said document the following courses: South 85"50'40" West 240.49 feet; thence South 49"58'58" West 494.91 feet; thence South 16"01'37" West 549.47 feet; thence South 48"51'58" East 26.00 feet; thence leaving said document North 75"10'05" West 56.54 feet to the beginning of a tangent 90.00 foot radius curve concave Southerly; thence Westerly along the arc of said curve through a central angle of 18"10'28" a distance of 28.55 feet to the beginning of a compound 260.00 foot radius curve concave Southerly; thence Westerly along the arc of said curve through a central angle of 04"08'12" a distance of 18.77 feet; thence North 77"22'37" West 398.00 feet; thence North 09"11'28" East 497.99 feet to the beginning of a non-tangent 140.00 foot radius curve concave Southerly, to which a radial line bears North 14"50'19" West; thence Easterly along the arc of said curve through a central angle of 20"39'04" a distance of 50.46 feet; thence South 84"11'15" East 218.11 feet; thence South 74"13'36" East 146.41 feet; thence North 56"30'35" East 147.17 feet; thence North 44"27'17" East 104.02 feet; thence North 48O.54'47" East 151.28 feet; thence North 55"32'56" East 143.45 feet; thence North 38"58'12" West 19.32 feet; thence North 50"32'05" East 16.36 feet to the beginning of a non-tangent 2000.00 foot radius curve concave Southerly, to which a radial line bears North 06"31'22" West; thence Easterly along the arc of said curve through a central angle of 02"22'02" a distance of 82.63 feet; thence North 85"50'40" East 92.05 feet; thence North 04"09'20" West 122.00 feet; thence North 50"32'05" East 59.84 feet; thence South ' SanDiego 5620 Friars Road LwA CalifornmUZ1IO-2596 (6191291-0707 - RICK ENGINEERING COMPANY 4 55 Legal Description J-I 2987 RANCHO CARRILLO, EXCLUDING PARK SITES AND SCHOOL SITE By: RBijb.002 Date: February 27, 1998 Page 5 of 8 38"57'13" East 496.65 feet; thence South 51 "02'47" West 12.95 feet to the beginning of a non-tangent 200.00 foot radius curve concave Northwesterly, to which a radial line bears North 72"20'33" East; thence Southwesterly along the arc of said curve through a central angle of 59O.54'39" a distance of 209.1 3 feet; thence South 42"15'12" West 115.68 feet to the beginning of a tangent 98.00 foot radius curve concave Easterly; thence Southerly along the arc of said curve through a central angle of 93"03'36" a distance of 159.17 feet; thence South 34'27'26" West 68.34 feet to the beginning of a non-tangent 20.00 foot radius curve concave Southwesterly, to which a radial line bears North 34"12'14" East; thence Southeasterly along the arc of said curve through a central angle of 44"41'04" a distance of 15.60 feet to the beginning of a reverse 45.00 foot radius curve concave Northeasterly; thence Southeasterly along the arc of said curve through a central angle of 74"OI'll" a distance of 58.14 feet to the beginning of a reverse 90.00 foot radius curve concave Southwesterly; thence Southeasterly along the arc of said curve through a central angle of 29"03'52" a distance of 45.65 feet; thence South 56"04'00" East 38.35 feet to the beginning of a tangent 20.00 foot radius curve concave Southwesterly; thence Southeasterly along the arc of said curve through a central angle of 82"22'43" a distance of 28.76 feet to the beginning of a reverse 455.00 foot radius curve concave Easterly; thence Southerly along the arc of said curve through a central angle of 52"35'50" a distance of 417.69 feet to the beginning of a reverse 20.00 foot radius curve concave Northwesterly; thence Southwesterly along the arc of said curve through a central angle of 89"02'28" a distance of 31.08 feet; thence South 62"45'22" West 72.68 feet; thence North 46'22'40'' West 98.83 feet; thence North 08"15'44" West 9.09 feet; thence North 61 "24'10" West 78.15 feet; thence North 34"24'51" West 17.16 feet; thence North 73"28'34" West 70.31 feet; thence North 34"16'07" West 13.98 feet; thence North 78"53'06" West 29.39 feet; thence South 67"50'05" West 59.18 feet; thence South 23"28'56" West 81.73 feet; thence North 78"26'04" West 366.86 feet to the beginning of a tangent 230.00 foot radius curve concave Southerly; thence Westerly along the arc of Legal Description J-12987 RANCHO CARRILLO, EXCLUDING PARK SITES AND SCHOOL SITE By: RB/jb.002 Date: February 27, 1998 TC Ref. CO. Order No. Date DeSC,. Rev. By Page 6 of 8 said curve through a central angle of 05"44'14" a distance of 23.03 feet; thence North 84"10'18 West 79.57 feet; thence North 05"49'42" East 169.50 feet to the Southerly line of said Document 77-068081; thence along the Southerly and Easterly lines of said document the following courses: South 48"51'58" East 184.48 feet; thence North 76"50'48" East 575.23 feet; thence North 19"16'22" East 68.69 feet; thence North 32"22'19" West 107.90 feet; thence North 79"55'36" West 228.30 feet; thence North 06"32'57" East 225.02 feet; thence North 05"10'15" West 176.66 feet; thence North 36"15'49" East 408.00 feet to the TRUE POINT OF BEGINNING. {ProDosed School Site) That portion of Parcel 2 of Certificate of Compliance, Document No. 94-0497667 and Parcel 3 of Certificate of Compliance, Document No. 94-0497669 both in the City of Carlsbad, on file in the Office of the County Recorder of San Diego County, State of California described as follows: Beginning at an angle point in the Southeasterly line of said Parcel 2 formed by the intersection of the two courses: North 85"50'40" East 92.05 feet, North 04"09'20" West 326.97 feet; thence North 04"09'20" West along said Southeasterly line 122.00 feet to the TRUE POINT OF BEGINNING; thence South 50"32'05" West 230.39 feet; thence South 38"58'12" East 19.32 feet; thence South 55"32'56" West 143.45 feet; thence South 48"54'47" West 151.28 feet; thence South 44"27'17" West 104.02 feet; thence South 56"30'35" West 147.1 7 feet; thence North 74"13'36" West 146.41 feet; thence North 84"11'15" West 218.1 1 feet to the beginning of a tangent 140.00 foot radius curve concave Southeasterly; thence Southwesterly along the arc of said curve through a central angle of 56"28'45" a distance of 138.01 feet; thence South 39"20'00" West 236.54 feet; thence South ' SanDicgo 5620Friarr Road RICK ENGINEERING COMPANY LwA Californin92110-2596 (6191291-0707 457 Legal Description J-12987 RANCHO CARRILLO, EXCLUDING PARK SITES AND SCHOOL SITE By: RB/jb.002 Date: February 27, 1998 Page 7 of 8 46"46'16" West 31.78 feet; thence South 60"10'20" West 58.1 5 feet to the beginning of a tangent 125.00 foot radius curve concave Northerly; thence Westerly along the arc of said curve through a central angle of 51 "48'28" a distance of 11 3.03 feet; thence North 68"01'12" West 41.08 feet to the beginning of a tangent 100.00 foot radius curve concave Southerly; thence Westerly along the arc of said curve through a central angle of 35"36'36" a distance of 62.15 feet: thence South 76"22'12" West 45.1 3 feet; thence North 87"28'01" West 41.1 8 feet; thence North 18"34'56" West 95.67 feet; thence North 72"43'50" East 84.30 feet to the beginning of a tangent 1451 .OO foot radius curve concave Northwesterly; thence Northeasterly along the arc of said curve through a central angle of 30"05'48" a distance of 762.1 9 feet to the beginning of a reverse 20.00 foot radius curve concave Southeasterly; thence Northeasterly along the arc of said curve through a central angle of 21 "1 2'1 6" a distance of 7.40 feet to the beginning of a reverse 30.00 foot radius curve concave Northwesterly; thence Northeasterly along the arc of said curve through a central angle of 33"23'30" a distance of 17.48 feet to the beginning of a reverse 170.00 foot radius curve concave Southeasterly; thence Northeasterly along the arc of said curve through a central angle of lO"O3'18" a distance of 29.83 feet to the beginning of a reverse 1451 .OO foot radius curve concave Northwesterly; thence Northeasterly along the arc of said curve through a central angle of 07"43'04" a distance of 195.45 feet; thence North 32"47'02" East 240.48 feet to the beginning of a tangent 2149.00 foot radius curve concave Southeasterly; thence Northeasterly along the arc of said curve through a central angle of OO"54'1 1 " a distance of 33.87 feet; thence North 33"41'13" East 280.45 feet to the beginning of a tangent 25.00 foot radius curve concave Southerly; thence Northeasterly along the arc of said curve through a central angle of 91 "53'02" a distance of 40.09 feet: thence South 46"49'56" East 31.87 feet; thence South 53"32'41" East 8.86 feet; thence South 59"31'58" East 35.19 feet to the beginning of a non-tangent 2337.00 foot radius S620,Friurs Road Snn Diego RICK ENGINEERING COMPANY Cdiiorniu92110.2SY6 458 i6191291.0707 Legal Description J-12987 RANCHO CARRILLO, EXCLUDING PARK SITES AND SCHOOL SITE By: RB/jb.002 Date: February 27, 1998 Page 8 of 8 TC Ret. Order No. DeOCr. Rev. By curve concave Southwesterly, to which a radial line bears North 37"25'20" East; thence Southeasterly along the arc of said curve through a central angle of 13"37'27" a distance of 555.71 feet; thence South 50"32'05" West 59.84 feet to the TRUE POINT OF BEGINNING. jb/12987.002 ATTACHMENT “B” (Schedule and Sizes of Affordable Multifamily Units) 459 H:\ ... \CD~~HO~BS\RB~C~DCB~~~~~~\P~BS~~AHA.VO~ 12131197 Number of Bedrooms One Two Three ATTACHMENT "B" (Phase 1 Size and Bedroom Count) 460 Square Footage Qsm Number of Units 700 S.F. 12 900 S.F. 48 1100 S.F. 56 TOTAL: 1 I6 I /14/98 State of California County of San Diego On March 4, 1998 before me, Nancv A. Nemec, Notarv Public, personally appeared David A. Lother and Chris Chambers, personally known to me to the entity upon behalf of WITNESS my hand and official seal. / * v Nan’cy A. Negec, No&ry Public Description of Attached Document: Title or Type of Document: Affordable Housing Agreement Imposing Restrictions on Real Property Document Date: Undated Number of Pages: 18 Capacity(ies) Claimed by Signers: Signer’s Name: David A. Lother Signer’s Name: Chris Chambers Title: Vice President Title: President Representing: Continental Ranch, Inc. Representing: Continental Ranch, Inc.