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.