HomeMy WebLinkAboutCT 93-01; Continental Ranch Inc; 1999-0824043; Affordable Housing Agreement/ReleaseRECORDING REQUESTED BY
City of Carlsbad
WHEN RECORDED MAIL TO:
City of Carlsbad
City Clerk’s Office
Am: City Clerk
1200 Carlsbad Village Drive
Carlsbad, California 92008
pr (ABOVE SPACE FOR RECORDERS USE)
FIRST AMENDED AND RESTATED
AFFOFWAELE HOUSING AGREEMENT
IMPOSING RESTRICTIDNS’ON REAL PROPERTY
IMPOSING RESTRICTIONS ON REAL PROPERTY (“Agreement”), entered into this /4 day of This FIRST AMENDED AND RESTATED AFFORDABLE HOUSING AGREEMENT
FONTINENTAL RANCH INC., a Delaware corporation (“Developer”), is made with reference to the -&Pl=E, 1998, by and between the CITY OF CARLSBAD, a municipal corporation (“City”), and
following:
San Diego, California (“Subject Property”) described in “Attachment A,” which is attached hereto and A. Developer is the owner of certain real property in the City of Carlsbad, m the County of
incorporated herein by this reference.
Agreement Imposing Restrictions on Real Property dated -m 1998 (“Initial Agreement”),
B. City and Developer have previously entered into that certain Mdable Housing
which was recorded on WReCt) Z:q , 1998, in the Official Records of San Diego County as Document No. 1998- ~\(929 . City and Developer want to amend and restate the Initial Agreement by this Agreement to provide for the orderly and efficient development of the Subject Property in compliance with the City’s Inclusionary Housing Ordinance.
units (“Phase 1 of the Master Development”) on a portion of the Subject Property. The City has approved C. Developer wishes to construct 1,108 residential units and fifty (50) secondary dwelling
the Rancho Carrillo Master Plan (“Master Plan”); Carlsbad Tract Map Numbers CT 93-01, CT 93-04, CT
AND PUD 95-05; and, Site Development Plan Numbers SDP 94-01, SDP 95-12 and SDP 95-13 for the
93-07, CT 93-08 and CT 95-06; Planned Unit Development Numbers PUD 93-06, PUD 93-07, PUD 95-04
“Master Development” of the Subject Property. The City issued these approvals subject to certain Conditions of Approval, including a condition requiring fifteen percent (15%) of the units in the Master Development to be affordable housing as required by the City’s Inclusionary Housing Ordinance, Carlsbad Municipal Code Chapter 21.85 (“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.
Phase 1 of the Master Development by constructing, or causing to be constructed, 116 units within Village D. Developer has indicated that it intends to meet its inclusionary housing requirement (i) for
B of the Master Plan and (ii) for a portion of the balance of the Master Development by constructing, or
causing to he constructed, 50 secondary dwelling units dispersed throughout the Master Development.
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Agreement as required and with the content specified by CMC Chapter 21.85. This Agreement is an E. Developer is required by the Conditions of Approval to enter into an Affordable Housing
Affordable Housing Agreement pursuant to CMC Section 21.85.020(2), and shall be signed prior to the
Final Maps for 775 dwelling units for the Subject Property, which included 116 affordable housing rental approval of additional Final Maps for the Subject Property. The Initial Agreement permitted the approval of
units. This Agreement shall permit the approval of Final Maps for up to 1,158 dwelling units for the Subject Property, which includes a total of 166 affordable housing rental units.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:
1. Incornoration of Recitals; Amendment and Restatement of Initial Agreement. The Recitals are hereby incorporated in ths Agreement. The Initial Agreement is hereby superseded and amended and restated in its entirety by this Agreement.
2.
satisfv the Conditions of Approval of CT 93-01, CT 93-04, CT 93-07, CT 93-08, CT 95-06 and future
Satisfaction of Affordable Housing Obligation and Conditions of Auproval. In order to
tenta&e maps approved by ihe City within the Master Plan, and the requirements of CMC Chapter 21.85, Developer shall cause a minimum of one hundred sixteen (1 16) multifamily dwelling units and a maximum
of fifty (50) secondary dwelling 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.
constructed. one hundred sixteen (1 16) multifamilv dwelline units (“Affordable Multifamily Units”) and a
3. Number and Twe of Affordable Units. Developer shall construct, or cause to be
maximum of fifty (50) secondary dwefiing units (“kffordabli Second Dwelling Units”). ~~~~ ~ ~
4. Terms Govemine Provision of Affordable Multifamily Units. Provision of the Affordable Multifamily Units shall be governed by the following terms:
consist of one hundred sixteen (116) units to be constructed within Village B of the Master Development. 4.1 Location of Multifamily Units. The Phase 1 Affordable Multifamily Units shall
The Affordable Second Dwelling Units shall be constructed within Villages G, H, J, K, M, Q and R 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
numbers and with the square footages indicated in “Attachment B to this Agreement. to this Agreement. The Affordable Second Dwelling Units shall include studios and one bedrooms in the
4.3 Affordabilitv Reauirements. The Phase 1 Affordable Multifamily Units shall be restricted to occupancy by households with income$ at the time of initial occupancy, that do not exceed
percent (20%) of the Phase 1 Affordable Multifamily Units shall be affordable to households with incomes, 50%, 60%, or 80% of the median income for San Diego County, adjusted for actual household size. Twenty
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
Department of Housing and Urban Development) of the Affordable Multifamily Units shall not exceed 80% of the median income. Monthly rents (including utility allowance as published by the United States
1/12” of 30% of the designated percentage of median income for San Diego County, adjusted for assumed household size appropriate for the unit. Second Dwelling Units are not required to be rented. However, if rented, the monthly rents (including utility allowance as published by the United States Department of Housing and Urban Development) for the Affordable Second Dwelling Units shall not exceed 1/12” of 30% of 80% of the median income for San Diego 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
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Unit and Affordable Second Dwelling Unit, the affordability requirements of this Section 4.3 shall continue
The affordability requirements of this Section 4.3 shall be set forth in the Regulatory Agreement between for fifty-five (55) years from the date of issuance of a Certificate of Occupancy by the City for such unit.
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 Housine Develooer. 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. Developer or guest builders shall construct the Affordable Second Dwelling Units. Property owner must sign affidavits of compliance prior to the issuance of the required Second Dwelling Unit Administrative Permits. The
property.
affidavits shall be provided to all perspective home buyers prior to entering into a sales contract for the
4.5 Schedule for DeveloDine Affordable Multifamilv Units, Developer shall provide the Affordable Second Dwelling Units concurrently with the related single family home construction. The Affordable Multifamily Units shall be developed pursuant to the following schedule:
Development, the following shall be in place: 4.5.1 Prior to the approval of any additional Final Maps for the Master
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.
Affordable Second Dwelling Units.
4.5.2 After this Agreement is duly signed and recorded against the Subject
Property, building permits shall not be issued for more than 400, or 34%, of the tota! market rate units included in Phase 1 of the Master Development prior to the Phase 1 Affordable Multifamily Units (116 total) 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
permits for market rate units included in Phase 1 of the Master Development may be of the Phase 1 Affordable Multifamily Units. The 400, or 34%, of the total building
allocated among the villages in Phase 1 of the Master Development in any combination as Developer determines in its sole discretion. The total number of building permits which may he issued for market rate units may be increased by seven (7) permits for each
additional one (1) Affordable Second Dwelling Unit Administrative Permit approved and issued by the City of Carlsbad. The Developer shall at the time a residential structure is constructed on the Affordable Housing Lot identified for the second dwelling unit, include in such residential structure the required Second Dwelling Unit.
4.5.1.3 Site Development Plan 98-12 shall be approved for the Phase 1
total of the market rate units included in Phase 1 of the Master Development prior to
4.5.3 Building permits shall not be issued for more than 754, or 76%, of-the
completion of the construction of the Phase 1 Affordable Multifamily Units in Village B (1 16 units total). After final inspection is complete by the Building Department and a final
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Certificate of Occupancy is issued, for the Phase 1 Affordable Multifamily Units (116 total), building permits may be obtained for the remaining 238 market rate units in Phase 1 of the Master Development, for a total of 1,158 dwelling units in the Master Development
( 992 market rate units + 166 Affordable Multifamily Units and Affordable Second Dwelling Units). The total number of building permits which may be issued for market rate units may be increased by seven (7) permits for each additional one (1) Affordable Second Dwelling Unit Administrative Permit approved and issued by the City of Carlsbad.
The Developer shall at the time a residential structure is constructed on the Affordable Housing Lot identified for the second dwelling unit, include in such residential structure the required Second Dwelling Unit.
775 dwelling units. After Site Development Plan 98-12 is approved for the Affordable 4.5.4 The Initial Agreement permitted the approval of a final map or maps for
Property, a final map or maps may be approved for 1,158 dwelling units (992 market rate
Second Dwelling Units and this Agreement is duly signed and recorded against the Subject
units + 166 affordable units, including a maximum of 50 second dwelling units).
4.5.5 Building permits shall not be issued for more than 1,158 of the dwelling units of the Master Development prior to the approval of a Site Development Plan and
Multifamily Units in Village B. City hereby agrees to priority process the Site subsequent amendment to this Affordable Housing Agreement for the Phase 2 Affordable
Development Plan for the Phase 2 Affordable MultiFamily units.
Affordable Multifamily Units, a Compliance Report meeting the requirements of CMC Section 21.85.180, 4.6 Comoliance Re~ort. Following completion of construction of the Phase 1
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
basis to the Housing and Redevelopment Director with a third party certification addressed to the City. Multifamily Units covered by such reports, provided that copies of those reports are provided on an annual
4.7 Citv ADDrOVal of Documents. The following documents, in form and substance
Units. Such documents shall be prepared by the Developer or its successor and shall be submitted to the acceptable to the City, shall be used in connection with the rental of the Phase 1 Affordable Multifamily
Housing and Redevelopment Director for review and approval no later than the commencement of construction of the Phase 1 Affordable Multifamily Units:
determining the eligibility of tenants of the Phase 1 Affordable Multifamily Units.
4.7.1 A marketing plan establishing the process for seeking, selecting and
4.7.2 A form of Rentaj 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").
Affordable Second Dwelling Units shall be governed by the following terms: 5. Terms Regarding Provision of Affordable Second Dwelling Units. Provision of the
villages of the Master Plan as approved in Site Development Plan 98-12. The lots identified as including an 5.1 Location of Units. The Affordable Second Dwelling Units shall be located in the
Affordable Second Dwelling Unit shall be required to have an approved Administrative Permit in
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compliance with the requirements of CMC Section 21.10.015, unless otherwise approved by the Community Development Director, prior to construction on the lot.
of the Affordable Second Dwelling Units in Villages G, K, M, Q-2, 4-4 and R of the 5.1.1 Subject to the approval of the Planning Director, up to fifty percent (50%)
Master Development may be relocated within the same village at the time of approval of the Affordable Second Dwelling Unit Administrative Permit, subject to compliance with all requirements of CMC Section 21.10.015 and the Housing Commission's Guidelines for Development of Second Dwelling Units. Affordable Second Dwelling Units must be dispersed throughout the villages similarly to the dispersal shown on Exhibit "A" of Site
Development Plan 98-12.
5.1.2 If the City determines that the proposed revisions to the locations of Affordable Second Dwelling Units necessitates an amendment to this Agreement, then the proposed amendment, and any necessary modifications to exhibits to reflect the
amendment, shall be administratively approved by the Community Development Director.
An application for this type of revision shall only require the signature of the owner of the particular phase of a village in which the revision will occur. Any proposed revision shall be in compliance with all requirements of CMC Section 21.10.015 and the Housing Commission's Guidelines for Development of Second Dwelling Units.
5.1.3 At the time of review of the Affordable Second Dwelling Unit Administrative Permit, the Planning Director shall determine that all proposed Affordable Second Dwelling Units in the Master Plan are in conformance with the requirements of
CMC Section 21.10.015 and the Housing Commission's Guidelines for Development of
shall be developed as set forth in the approved SDP 98-12. Affordable Second Dwelling Second Dwelling Units. In addition, the second dwelling units in Villages H, J and Q-1
Units developed in Villages G, K, M, Q-2, Q-4 and R-shall be compatible in design and appearance with the prototypical units approved by Site Development Plan 98-12. Each
minimum size of 323 square feet in Villages G and K only and a minimum size of 432 unit shall have its own separate entrance, have a hookup for a washer and dryer and have a
square feet in Villages M, Q2,44 and R.
5.2 Schedule of Development of Second Dwelling Units. The Affordable Second Dwelling Units shall be constructed in the normal course of development with the market rate single-family
units included within the Master Development. The Affordable Second Dwelling Units shall be constructed according to the schedule for constructing the market rate single-family units; provided, however, the
construction of the Affordable Second Dwelling Units shall be reasonably proportionate to the construction of the market rate single-family units.
6. Release of Subiect Prop@ From Ameement. 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
Prior to the issuance of building permits, Developer shall expressly make the conditions and covenants shall run with and burden the Subject Property until terminated in accordance with the provisions hereof.
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
purchasers, shall not be subject to the terms of this Agreement; and the terms of this Agreement shall be of Lands Act, and mortgage lenders holding deeds of trust on such individual units after sale to such
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 400 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 400 market rate units shall be released from the burdets of this
rate units among the villages in Phase 1 of the Master Development, in any combination as Developer Agreement. Upon allocation by the Developer of the building permits for the 401" through 755 market
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determines in its sole discretion, and after the Phase 1 Affordable Multifamily Units (1 16 total) in Village B are under construction, then the 401’‘ through 755’ 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 238 market rate units in Phase 1 of the Master Development shall he released from the burdens of this Agreement. Appropriate adjustments shall be made
in the number of market rate units released from the burdens of this Agreement consistent with the increases in building permits pursuant to Subparagraph 4.5.3 above.
7. 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.
contract with any other public agency, for-profit or non-profit organization to perform the City’s obligations under this Agreement.
X. Auuointment of Other Avencieq. At its sole discretion, the City may designate, appoint or
City and its elected officials, officers, employees and agents in their official capacity (hereinafter
9. Hold Harmless. Developer will indemnify and hold harmless (without limit as to amount)
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.
their) expense, comprehensive general liability insurance for development of the Phase 1 Affordable 10. Insurance Recluirements. Developer (or its successor or successors) shall obtain, at its (or
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
the State, with a current Best’s Key Rating of not less than A-V, such insurance to be evidenced by an successors) from an insurance company duly licensed to engage in the business of issuing such insurance in
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.
11. m. 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 Am: Housing and Redevelopment Director 2965 Roosevelt Street, Suite B Carlsbad, California 92008-2389
CONTINENTAL RANCH, MC.
Attn: Dave Lother
San Diego, California 92130 12230 El Camino Real, Suite 300
To the Developer:
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3026
party of the new address, in the manner set forth above. Any party may change its address to which notices are to be sent by notifying the o
and no modification hereof shall be binding unless reduced to writing and signed by the parties hereto. 12. Intemted Ameement. This Agreement constitutes the entire agreement between the parties
date certificates of occupancy have been issued for all Affordable Units.
13. Duration of Ameement. This Agreement shall remain in effect for 55 years following the
against the Subject Property in the Official Records of the County of San Diego. 14. Recordine of Ameement. The parties hereto shall cause this Agreement to be recorded
contained in this Agreement is to be held invalid, void or unenforceable by any court of competent 15. Severability. In the event any limitation, condition, restriction, covenant or provision
jurisdiction, the remaining portions of this Agreement shall nevertheless be and remain in full force and
effect.
day and year first above written. IN WITNESS WHEREOF, the pirties hereto have caused this Agreement to be signed as of the
DEVELOPER CONTINENTAL RANCH, INC., CITY CITY OF CARLSBAD, a municipal corporation
ther
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dersonally known to me
0 proved to me on the basis of satisfactory evidence
to be the person(s) whose name@) @subscribed to the
within instrument and acknowled ed to me that b&bec@
executed the same in hi&er@$ authorized capacity(ies),
and that by hkMf/@signature(s) on the instrument the
acted, executed the instrument.
person(s), or the entity upon behalf of which the person(s)
WITNESS my hand and official seal c7>
Though the information below is not required by law, it
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer@) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer’s Name:
0 Individual
0 Corporate Officer
Title(s):
0 Partner - 0 Limited 0 General
0 Attornev-in-Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing:
I I
Signer’s Name:
0 Individual
0 Corporate Officer
Title($:
0 Partner - 0 Limited 0 General
0 Attornev-in-Fact
0 Trustee
0 Guardian or Conservator
0 Other:
I I
Signer Is Representing: I1 I I
Pmd. No. 5907
ATTACHMENT “A”
(Subject Property)
5620 Friars Road RICKENGINEERINGCOMPANY L-A California 92110-2596
(6191291-0707
Legal Description
J-12987
RANCHO CARRILLO, EXCLUDING PARK SITES,
SCHOOL SITE AND PORTIONS OF VILLAGE "J"
By: RBljb.002
Date: September 29, 1998
Page 1 of 6
TC R.1.
co.
Order No.
D.1.
hYr.
RW. BY
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
67'43'22" 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 03O09'32" a distance of 55.1 3 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 55.1 3 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:OO 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
-7 San Diego
5620 Friars Road RICK Eh
L-A C;llifwnia92110-2596
(619)291-0707
3030 -
Legal Description
J-I 2987
RANCHO CARRILLO, EXCLUDING PARK SITES,
SCHOOL SITE AND PORTIONS OF VILLAGE "J"
By: RB/jb.002
Date: September 29, 1998
Page 2 of 6
TC Ref.
Order No.
Dexr.
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 00'39'50"
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
215.46 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
- - .. 3031
5620 Friars Road NCKENGI~~GCOMPANY
(619)291-0707
Legal Description
J-12987
RANCHO CARRILLO, EXCLUDING PARK SITES,
SCHOOL SITE AND PORTIONS OF VILLAGE "J"
By: RBljb.002
Date: September 29, 1998
Page 3 of 6
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 542.11 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 36'1 5'49" 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 4851'58" West 291.10 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.
JExistina 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 02"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.
-. 3032- VAT Snn Dirgo L-A CaIifornir92110dS96
5620 Friars Road RICKENGINEEWGGCOMPANY
l619)291-0707
Legal Description
TC Ref.
J-12987
RANCHO CARRILLO, EXCLUDING PARK SITES,
SCHOOL SITE AND PORTIONS OF VILLAGE "J"
Order No.
DWCI.
By: RBljb.002
Date: September 29, 1998
Page 4 of 6
(Lot 11 1. Carlsbad Tract NO. 93-04. Villaae "Q". Phase 1. Park Site)
Lot 11 1 of Carlsbad Tract No. 93-04, Rancho Carrillo Village "Q" Phase 1 in the City of
Carlsbad, County of San Diego, State of California according to Map No. 13551 on file in
the Office of the San Diego County Recorder.
IProoosed 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 147.17 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
46"46'16" West 31.78 feet; thence South 60"10'20" West 58.15 feet to the
beginning of a tangent 125.00 foot radius curve concave Northerly; thence Westerly
1 3033 -
r-=!
5620 Friars Road
Snn Dicgo A Cdifomis92110-2596
RICK I
L- (619)291-0707
Legal Description
J-12987
RANCHO CARRILLO, EXCLUDING PARK SITES,
SCHOOL SITE AND PORTIONS OF VILLAGE "J"
By: RBljb.002
Date: September 29, 1998
Page 5 of 6
along the arc of said curve through a central angle of 51 "48'28" a distance of 1 13.03
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 cQncave 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"03'18" a distance of 29.83 feet to the
beginning of a reverse 145 1 .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 35.1 9 feet to the beginning of a non-tangent 2337.00 foot radius
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"
Ssn Diego
5620 Fri~n Road RICKENGINEERINGW! L 1 callfornir92110-2596
(619)291-0707 3034
Legal Description
71
J-12987
RANCHO CARRILLO, EXCLUDING PARK SITES,
SCHOOL SITE AND PORTIONS OF VILLAGE "J"
CO.
Odn NO.
DM.
Oeacr. I
By: RBljb.002 I Rav. 8y I
Date: September 29, 1998
Page 6 of 6
a distance of 555.71 feet; thence South 50"32'05" West 59.84 feet to the TRUE
POINT OF BEGINNING.
JVillaoe "J", Lots 1 throuah 45 & Lots 61 throuoh 651
Lots 1 through 45 and Lots 61 through 65 of Carlsbad Tract No. 93-01, Rancho
Carrillo Village "J" in the City of Carlsbad, County of San Diego, State of California
according to the map thereof No. 13552 on file in the Office of the San Diego County
Recorder.
jWl2987.002
Number of
Bedrooms
One
Two
Three
ATTACHMENT “B”
phase 1 Multifamily Size and Bedroom Count)
Square Footage
of Unit
Number of
Units
700 S.F. 12
900 S.F.
1100 S.F.
TOTAL:
48
56
116
SECOND DWELLMG UNITS
Village Locations
H
J
Total Number
5 Lots 6, 12, 22, 58 & 69
Size
587 square feet
Lots 6,23,28,43,53 & 616 square feet 6
3036
CONSENT OF OWNER TO RECORDING OF
FIRST AMENDED AND RESTATED
AFFORDABLE HOUSING AGREEMENT
Subsequent to the preparation of the First Amended and Restated Affordable Housing Agreement
Imposing Restrictions on Real Property to which this Consent is attached, the undersigned Owner
acquired fee title from Continental Ranch, Inc., a Delaware corporation, to the following described
real property in the City of Carlsbad, County of San Diego, State of California:
Lots 1 through 6, inclusive, and 8 through 74, inclusive, of CARLSBAD TRACT NO.
97-01 RANCHO CARRILLO VILLAGE "H", in the City of Carlsbad, County of San
Diego, State of California, according to Map thereof No. 13581, filed in the Office
of the County Recorder of Sac Diego County, California on June 10, 19RS.
The undersigned Owner hereby consents to the recording of the First Amended and Restated
Affordable Housing Agreement Imposing Restrictions on Real Property to which this Consent is
attached and hereby agrees to abide thereby.
OWNER
Dated: TOLL LAND XXIII LIMITED PARTNERSHIP, a
California limited partnership
BY: TOLL CA GP COW., a California corporation,
its sole General Partner
BY Title
-1-
STATE OF CALIFORNIA
COUNTY OF ORANGE
3037
1
) ss.
)
On 1-11-99 , 19-, before me, JULIE B. YOUNG
Notary Public in and for said State, personally appeared JWS W. BOYD
personally known to me ( ' ) to be the persond
whose nameCd)@e subsbme thaesheithey
executed the same in@er/their authorized and that b&er/their signature
the instrument, the persono, or the entity which the person$) acted, executed P the On
instrument.
WITNESS mj: hand and official seal.
(Seal)
-2-
-~ 3030
CONSENT OF OWNER TO RECORDING OF , ; ,..
FIRST AMENDED AND RESTATED
AFFORDABLE HOUSING AGREEMENT
IMPOSING RESTRICTIONS ON REAL PROPERTY
“i”L‘ . , -1 I . “.
..
Subsequent to the preparation of the First Amended and Restated Affordable Housing Agreement
Imposing Restrictions on Real Property to which this Consent is attached, the undersigned Owner
acquired fee title from Continental Ranch, Inc., a Delaware corporation, to the following described
real property in the City of Carlsbad, County of San Diego, State of California:
Lots 1 through 38, inclusive, 53 through 61, inclusive, 64 through 67, inclusive, and
89 through 102, inclusive, of CARLSBAD TRACT NO. 93-04 RANCHO CARRELO
VILLAGE “Q” PHASE 1, in the City of Carlsbad, County of San Diego, State of
California, according to Map thereofNo. 13551, filed in the Office of the County
Recorder of San Diego County, California on March 3 1, 1998; and
Parcel A shown on Certificate of Compliance recorded August 13,1998 as Document
No. 1998-0513580, Official Records of San Diego County, California and more
particularly described on Exhibit A attached hereto and incorporated herein; and
Parcel B shown on Certificate of Compliance recorded August 13,1998 as Document
No. 1998-0513581, Official Records of San Diego County, California and more
particularly described on Exhibit B attached hereto and incorporated herein.
The undersigned Owner hereby consents to the recording of the First Amended and Restated
Affordable Housing Agreement Imposing Restrictions on Real Property to which this Consent is
attached and hereby agrees to abide thereby.
~~
OWNER:
Dated: /2.327 MONARCH COMMUNITIES OF CA,
A California Corporation
By:
Tit1
STATE OF CALIFORNIA )
COUNTY OF ORANGE 1 )
On December 6,1999, before me, RONALD R. TAYLOR, a Notary Public in and for
the State of California, personally appeared CHAD COVINGTON, personally known
to me to be the person whose name is subscribed to the within CONSENT OF
OWNER TO RECORDING OF FIRST AMENDED AND RESTATED AFFORDABLE
HOUSING AGREEMENT IMPOSING RESTRICTIONS ON REAL PROPERTY and
acknowledged to me that he executed the same in his authorized capacity, and that
by his signature on the instrument the person, or the entity upon behalf of which
the person acted, executed the instrument.
WITNESS my hand and official seal.
EXHIBIT A TO CONSENT OF OWNER
Legal Description of Parcel A, Certificate of Compliance
Recorded Aueust 13.1998 as Document No. 1998-0513580
Lot 62 of CARLSBAD TRACT No. 93-04 RANCHO CARRILLO VILLAGE "Q"
PHASE 1, in the City of Carlsbad, County of San Diego, State of California,
according to Map thereof No. 1355 1, filed in the Office of the County Recorder of
San Diego County, California on March 31, 1998 as FileRageNo. 1998-0177218 of
Official Records, together with that portion of Lot 63 of said Map 13551 described as
follows:
Beginning at the Southeasterly comer of said Lot 62; thence along the Easterly line
thereof North 20"31'55" West 189.17 feet to the Northeasterly comer of said Lot 62;
thence South 21 "39'22" East 189.43 feet to a point on a non-tangent 170.00 foot
radius curve, concave Northwesterly to which a radial line bears South 17"44'57"
East; thence Southwesterly along the arc of said curve through a central angle of
01 "15'18" a distance of 3.72 feet to the Point of Beginning.
Exhibit A to Consent of Owner
3041
EXHIBIT B TO CONSENT OF OWNER
Legal Description of Parcel B, Certificate of Compliance
Recorded August 13.1998 as Document No. 1998-051358h
Lot 63 of CARLSBAD TRACT No. 93-04 RANCHO CARRILLO VILLAGE "Q"
PHASE 1, in the City of Carlsbad, County of San Diego, State of California,
according to Map thereof No. 1355 1, filed in the Office of the County Recorder of
San Diego County, California on March 31, 1998 as File/PageNo. 1998-0177218 of
Official Records;
EXCEPTING THEREFROM that portion described as follows:
Beginning at the Southwesterly comer of said Lot 63; thence along the Westerly line
thereof North 20"3 1'55" West 189.17 feet to the most Northerly comer of said Lot
63; thence South Zl"39'22" East 189.43 feet to a point on a non-tangent 170.00 foot
radius curve, concave Northwesterly to which a radial line bears South 17"44'57"
East; thence Southwesterly along the arc of said curve through a central angle of
Ol"15'18" a distance of 3.72 feet to the Point ofBeginning.
Exhibit B to Consent of Owner
3042
CONSENT OF OWNER TO RECORDING OF
FIRST AMENDED AND RESTATED
AFFORDABLE HOUSING AGREEMENT
IMPOSING RESTRICTIONS ON REAL PROPERTY
Subsequent to the preparation of the First Amended and Restated Affordable Housing Agreement
Imposing Restrictions on Real Property to which this Consent is attached, the undersigned Owner
acquired fee title from Continental Ranch, Inc., a Delaware corporation, to the following described
real property in the City of Carlsbad, County of San Diego, State of California:
Lot 205 of CARLSBAD TRACT NO, 97-02 RANCHO CARRILLO VILLAGES "A-
D", in the City of Carlsbad, County of San Diego, State of California, according to
Map thereof No. 13582, filed in the Office of the County Recorder of San Diego
County, California on June 10, 1998.
The undersigned Owner hereby consents to the recording of the First Amended and Restated
Affordable Housing Agreement Imposing Restrictions on Real Property to which this Consent is
attached and hereby agrees to abide thereby.
OWNER
Dated: 141 1% SHEA HOMES LIMITED PARTNERSHIP, a California
limited partnership
BY: J. F. SHEA CO., INC., a Nevada corporation
-1-
.-
3 043
STATE OF CALIFORNIA 1
COUNTY OF Diego
) ss.
1
On Decenjzr 14 , 19 98 ,before me, M- Angel
Notary Public in and for said State, personally appeared Rid.lard Gustafsan and Dale mlbrdc -
personally known to me to be the person(s)
whose name(s)dare subscribed to the within instrument and acknowledged to me thathkhdthey
executed the same inhkkdtheir authorized capacity(ies), and that by Wtheir signature(s) on
the instrument, the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
WITNESS my hand and official seal.
(Seal)
-2-
-_
CONSENT OF OWNER TO RECORDING OF
FIRST AMENDED AND RESTATED
AFFORDABLE HOUSING AGREEMENT
IMPOSING RESTRICTIONS ON REAL PROPERTY
Subsequent to the preparation of the First Amended and Restated Afordable Housing Agreement
Imposing Restrictions on Real Property to which this Consent is attached, the undersigned Owner
acquired fee title f?om Continental Ranch, Inc., a Delaware corporation, to the following described
real property in the City of Carlsbad, County of San Diego, State of California:
Lots 46 through 60, inclusive of CARLSBAD TRACT NO. 93-01 RANCHO
CARRILLO VILLAGE J, in the City of Carlsbad, County of San Diego, State of
California, according to Map thereof No. 13552, filed in the Office of the County
Recorder of San Diego County, California, on March 31, 1998; and
Lots 39 through 52, inclusive, and 68 through 88, inclusive, of CARLSBAD TRACT
NO. 93-04 RANCHO CARRILLO VILLAGE "Q' PHASE 1, according to Map thereof
No. 13551, filed in the Office of the County Recorder of San Diego County, March
31, 1998.
The undersigned Owner hereby consents to the recording of the First Amended and Restated
Affordable Housing Agreement Imposing Restrictions on Real Property to which this Consent is
attached and hereby agrees to abide thereby.
OWNER
Dated: tecaker 14, 19% SHEA HOMES LIMITED PARTNERSHIP, a California
limited partnership
BY: J. F. SHEA CO., INC., a Nevada corporation
-1-
L
3045
STATE OF CALIFORNIA )
COUNTY OF Diego
) ss.
)
On kdxr 14 , 1998, before me, * M- Angel
Notary Public in and for said State, personally appeared Gustafson ard me burmck
personally known to me ( to be the person(s)
whose name(s)&are subscribed to the within instrument and acknowledged to me thathekkdthey
executed the same inhi&a/their authorized capacity(ies), and that by Wtheir signature(s) on
the instrument, the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
WITNESS my hand and official seal.
(Seal)
-2-