HomeMy WebLinkAboutSDP 98-19; Manzanita Partners LLC; 2005-0054764; Affordable Housing-Regulatory Agreement & Dec. of Restrictive CovenantsDOC # 2005-0054784
I ' h RECORDING REOUESTED BY . p$ AND WHEN RECORDED MAIL TO:
I I1 City of Carlsbad
City Clerk's Office
Attn. City Clerk
1 u-
! ll1ll1ll Ill 111ll1111111111 IIIII Ill11 lllll111ll11111111ll Ill11 1111 Ill1
JAN 21,2005 9:08 AM
OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER
PAGES : 17 FEES. 63.00 WAYS: 2
I llllll Ill11 ll1111111111111 Ill11 11111 1111 lllll11111 Ill11 Ylll111111111 Ill1 1111 1200 Carlsbad Village Drive
Carlsbad, CA 92008
REGULATORY AGREEMENT AND
DECLARATION OF RESTRICTIVE COVENANTS
This Regulatory Agreement and Declaration of Restrictive Covenants (the "Agreement")
is made and entered into as of this day of be.- , 200x, by and between the City of
Carlsbad, a municipal corporation (the "City"), and Manzanita Partners, L.L.C., a California
limited liability company ("Owner").
9rcam- .a\*
RECITALS
1. The City and Owner have entered into that certain Affordable Housing Agreement
Imposing Restrictions on Real Property dated August 9,2004, which was recorded on August 11,
2004, in the Official Records of San Diego County as Document No. 2004-0762348. The
Affordable Housing Agreement (the "Affordable Housing Agreement") set forth the affordable
housing requirements for the Manzanita Apartment Project (Project), located on the real property
in the City of Carlsbad, County of San Diego, more particularly described in Exhibit A attached
hereto and incorporated herein (the "Property").
2. The Owner intends to develop one hundred fifty-seven (157) residential apartment
units within the Manzanita Apartment Project. Of the one hundred fifty-seven (157) units,
twenty-four (24) units ("Low Income Units") will be restricted to and affordable to low income
households. The Low Income Units will be developed to meet the inclusionary housing
requirement of the Manzanita Apartment Project.
3. Owner has agreed to observe all the terms and conditions set forth below.
4. In order to ensure that the entire Development will be used and operated in
accordance with these conditions and restrictions, the City and the Owner wish to enter into this
Agreement.
THEREFORE, the City and the Owner hereby agree as follows:
ARTICLE 1 - DEFINITIONS
1.1 Definitions
When used in this Agreement, the following terms shall have the respective meanings
assigned to them in this Article 1.
(a) “Agreement” shall mean this Regulatory Agreement and Declaration of
Restrictive Covenants.
(b) “City” shall mean the City of Carlsbad, a municipal corporation.
(c) “Development” shall mean the Property and the one hundred fifty-seven (157)
units to be constructed on the Property, as well as all landscaping, roads and parking spaces
existing thereon, as the same may from time to time exist.
(d) “Gross Income” shall mean the total anticipated annual income of all persons in a
household, as calculated in accordance with 25 California Code of Regulations Section 6914 or
pursuant to a successor State housing program that utilizes a reasonably similar method of
calculation of gross income. In the event that no such successor program exists, the City shall
provide the Owner with a reasonably similar method of calculation of gross income as provided
in said Section 6914.
(e) “HCD” shall mean the California Department of Housing and Community
Development.
(f) “Low Income Household” shall mean a household whose annual gross income
does not exceed eighty percent (80%) of the Area Median Income, adjusted for household size.
(8) “Low Income Units” shall mean the Units limited to occupancy by Low Income
Households pursuant to Section 2.1 below.
(h) “Market Rate Unit” shall mean the Units limited to occupancy by non-low Income
Households, pursuant to Section 2.1 below.
(i) “Median Income” shall mean the median gross yearly income adjusted for actual
household size, in ,the County of San Diego, California, as published from time to time by the
U.S. Department of Housing and Urban Development. In the event that such income
determinations are no longer published, or are not updated for a period of at least eighteen (18)
months, the City shall provide the Owner with other income determinations which are reasonably
similar with respect to methods of calculation to those previously published by HCD.
(i) “Owner” shall mean Mansanita Partners, L.L.C., a California limited liability
company and their successors in interest to the Development.
(k) “Project” shall mean the Manzanita Apartment Project which shall not exceed one
hundred fifty-seven (157) residential apartment units.
2
(1) "Property" shall mean the real property described in Exhibit A attached hereto
and incorporated herein.
(m) "Rent" shall mean the total of monthly payments by the tenants of a Unit for the
following: use and occupancy of the Unit and land and associated facilities, including parking;
any separately charged fees or service charges assessed by Owner which are required of all
tenants, other than security deposits; an allowance for the cost of an adequate level of service for
utilities paid by the tenant, including garbage collection, sewer, water, electricity, gas and other
heating, cooking and refrigeration fuel, but not telephone service; any other interest, taxes, fees
or charges for use of the land or associated facilities and assessed by a public or private entity
other than the Owner, and paid by the tenant.
(n) "Term" shall mean the period of time beginning on the date of recordation of this
Agreement and ending fifty-five (55) years after a Certificate of Occupancy is issued by the City
for all Units.
(0) "Units" shall mean twenty four (24) apartment units to be constructed on the
Property by the Owner, which are offered for rent to and which shall be affordable to low income
households.
ARTICLE 2 - AFFORDABILITY COVENANTS
2.1 Occupancy Requirement. The Low Income Units shall be rented and occupied by
f vacant, available for rental and occupancy by Low Income Households.
2.2 Allowable Rent.
(a) The monthly Rent charged the occupants of the Low Income Units shall
not exceed one-twelfth of thirty percent (30%) of eighty percent (80%) of Median Income,
adjusted for household size. The monthly Rent charged the occupants of the Market Rate Units
shall be established by the Owner.
(b) Subject to Section 2.3 below, in calculating the allowable Rent for all
Units, the following assumed household sizes shall be utilized:
Number of Bedrooms Assumed Household Size
Two 3
Three 4.5
2.3 Increased Income of Occupying Households. In the event, upon annual
recertification of an occupant household's income, the Owner discovers that a Low Income
Household no longer qualifies as a Low Income Household, but the household income does not
3
exceed 90% of the Area Median Income, such household's Unit shall continue to be considered a
Low Income Unit, and the Rent shall remain at the allowable rent set forth in Section 2.2 above.
In the event, upon annual recertification of an occupant households income, the Owner discovers
that a Low Income Household no longer qualifies as a Low Income Household and the
household's income exceeds 90% of the Area Median Income, such household's Unit shall be
considered a Market Rate Unit, and the Rent may be increased to the levels charged to Market
Rate Households, and the Owner shall rent the next available Unit to a Low Income Household
to comply with the requirements of Section 2.1 above. Moreover, a Unit occupied by a Low
Income Household shall be deemed, upon the termination of such Low Income Household's
occupancy, to be continuously occupied by a Low Income Household, as applicable, until
reoccupied, at which time the character of the Unit shall be redetermined.
2.4 Lease Provisions. Owner shall include in leases for all Units provisions which
authorize the Owner to immediately terminate the tenancy of any household one or more of
whose members misrepresented any fact material to the household's qualification as a Low
Income Household. Each lease or rental agreement shall also provide that the household is
subject to annual certification in accordance with Section 3.1 below, and that, if the households
income increases above the applicable limits for a Low Income Household, such households
Rent may be subject to increase.
2.5 Section 8 Certificate Holders. For the Low Income Units, the Owner will accept
as tenants, on the same basis as all other prospective tenants, persons who are recipients of
federal certificates for rent subsidies pursuant to the existing housing program under Section 8 of
the United States Housing Act, or its successor. The Owner shall not apply selection criteria to
Section 8 voucher holders that is more burdensome than criteria applied to all other prospective
tenants, nor shall the Owner apply or permit the application of management policies or lease
provisions with respect to the Development which have the effect of precluding occupancy of
units by such prospective tenants.
2.6 Condominium Conversion. The Owner shall not convert Development units to
condominium or cooperative Ownership or sell condominium or cooperative conversion rights to
the Property during the Term of this Agreement.
ARTICLE 3 - INCOME CERTIFICATION AND REPORTING
3.1 Income Certification. The Owner will obtain, complete and maintain on file,
immediately prior to initial occupancy and annually thereafter, income certifications from each
Low Income Household. The Owner shall make a good faith effort to verify that the income
provided by an applicant or occupying household in an income certification is accurate by taking
one or more of the following steps as a part of the verification process: (1) obtain pay stubs for
the four (4) most recent pay period; (2) obtain income tax returns for the two (2) most recent tax
years; (3) conduct a credit agency or similar search; (4) obtain an income verification form from
the applicant's current employer; (5) obtain an income verification form from the Social Security
Administration and/or the California Department of Social Services if the applicant receives
assistance from either of such agencies; or (6) if the applicant is unemployed and has no such tax
4
return, obtain another form of independent verification. Copies of tenant income certifications
shall be available to the City upon written request.
3.2 Annual Report to City. Beginning on January 31St, after the final Certificate of
Occupancy for the Development, and each January 31Sf thereafter, the Owner shall submit an
annual report to the City, in a form approved by the City. The annual report shall include for
each Unit covered by this Agreement, the Rent and the income and household size of the
household occupying the Unit. The report shall also state the date the tenancy commenced for
each rental Unit and such other information as the City may be required by law to obtain.
3.3 Additional Information. Beginning the first January 3 1st after the final Certificate
of Occupancy for the Development, the Owner shall provide any additional information
regarding the Low Income Units and the Owner’s obligations under this Agreement that is
reasonably requested by the City. Upon 5 days prior written request and during regular business
hours, the City shall have the right to examine and make copies of all books, records or other
documents of the Owner that pertain to any Unit.
3.4 Records. Owner shall maintain complete, accurate and current records pertaining
to the Units, and, upon 5 days prior written request by the City, shall permit any duly authorized
representative of the City to inspect records, including records pertaining to income and
household size of tenant households.
3.5 Welfare Reform Act Compliance. If and to the extent applicable, and unless
Owner is otherwise exempt from the following requirement under applicable law, Owner shall
comply with the requirements of the Public Responsibility and Work Opportunity Reform Act of
1996, as amended, including, without limitation, verifying the citizenship or immigration status
of prospective tenants for the Units in accordance with the verification procedures established
under such Act.
ARTICLE 4 - OPERATION OF THE DEVELOPMENT
4.1 Residential Use. The Development shall be operated only for residential use. No
part of the Development shall be operated as transient housing.
4.2 Compliance with Affordable Housing - Ameement. Owner shall comply with all
the terms and provisions of the Affordable Housing Agreement.
4.3 Taxes and Assessments. Owner shall pay all real and personal property taxes,
assessments and charges and all franchise, income, employment, old age benefit, withholding,
sales, and other taxes assessed against it, or payable by it, at such times and in such manner as to
prevent any penalty from accruing, or any lien or charge from attaching to the Property; provided,
however, that the Owner shall have the right to contest in good faith, any such taxes,
assessments, or charges. In the event the Owner exercises its right to contest any tax, assessment,
or charge against it, Owner, on final determination of the proceeding or contest, shall
5
immediately pay or discharge any decision or judgment rendered against it, together with all
costs, charges and interest.
4.5 Nondiscrimination. All of the Units shall be available for occupancy on a
continuous basis to members of the general public who are income eligible. Owner shall not give
preference to any particular class or group of persons in renting or selling the Units, except to the
extent that the Units are required to be leased to Low Income Households or to Carlsbad
Redevelopment Agency or City displacees pursuant to Section 4.6 below. There shall be no
discrimination against or segregation of any person or group of persons, on account of race,
color, creed, religion, sex, sexual orientation, marital status, national origin, or ancestry, in the
leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of any Unit nor shall
Owner or any person claiming under or through the Owner, establish or permit any such practice
or practices of discrimination or segregation with reference to the selection, location, number,
use, or occupancy, of tenants, lessees, sublessees, subtenants, or vendees of any Unit or in
connection with the employment of persons for the operation and management of the
Development. All deeds, leases or contracts made or entered into by the Owner as to the Units or
the Development or portion thereof, shall contain covenants concerning discrimination as
prescribed by the Affordable Housing Agreement.
4.6 Preference to Displacees. Owner shall give a preference in the rental of any Units
to eligible households displaced by activity of the Carlsbad Redevelopment Agency or the City
upon receiving a written request of the Agency or the City regarding such displacement. For the
purposes of this Section 4.6, “preference” means moving such persons to the top of any waiting
list and processing applications by such persons ahead of applications submitted by other
persons.
ARTICLE 5 - PROPERTY MANAGEMENT AND MAINTENANCE
5.1 Management Responsibilities. The Owner is responsible for all management
functions with respect to the Development, including without limitation the selection of tenants,
certification and recertification of household size and income, evictions, collection of rents and
deposits, maintenance, landscaping, routine and extraordinary repairs, replacement of capital
items, and security. The City and the Agency shall have no responsibility over management of
the Development. The Owner shall retain a professional property management company
approved by the City in its reasonable discretion to perform its management duties hereunder,
unless the Owner demonstrate to the City that it has the capacity to self-manage the
Development and receives written City approval for self-management. A resident manager shall
also be required, selection of whom shall be at the discretion of the Owner.
5.2 Management Agent; Periodic Reports. The Development shall at all times be
managed by an experienced management agent reasonably acceptable to the City, with
demonstrated ability to operate residential facilities like the Development in a manner that will
provide decent, safe, and sanitary housing (the “Management Agent”). Prior to the first
occupancy permit for any building within the Development, the Owner shall submit for the City’s
approval the identity of any proposed Management Agent. The Owner shall also submit such
additional information about the background, experience and financial condition of any proposed
6
Management Agent as is reasonably necessary for the City to determine whether the proposed
Management Agent meets the standard for a qualified Management Agent set forth above. If the
proposed Management Agent meets the standard for a qualified Management Agent set forth
above, the City shall approve the proposed Management Agent by notifying the Owner in
writing. Unless the proposed Management Agent is disapproved by the City within thirty (30)
days, which disapproval shall state with reasonable specificity the basis for disapproval, it shall
be deemed approved. For the purposes of this Section 5.2, ConAM Management Corporation, an
affiliate of the Owner is approved by the City as the Managing Agent for the Development.
5.3 Performance Review. The City reserves the right to conduct an annual (or more
frequently, if deemed necessary by the City) review of the management practices and financial
status of the Development. The purpose of each periodic review will be to enable the City to
determine if the Development is being operated and managed in accordance with the
requirements and standards of this Agreement. The Owner shall cooperate with the City in such
reviews.
5.4 Replacement of Management Agent. If, as a result of a periodic review, the City
determines in its reasonable judgment that the Development is not being operated and managed
in accordance with any of the material requirements and standards of this Agreement, the City
shall deliver notice to the Owner of its findings, and provide Owner and Management Agent
with 30 days from such notice to respond, in writing, and to take appropriate corrective action if
required. If, after such 30 day period, the City determines in its reasonable discretion that
adequate corrective measures have not been implemented, the City shall deliver notice of its
intention to cause replacement of the Management Agent, including the reasons therefore.
Within fifteen (15) days of receipt by the Owner of such written notice, City staff and the Owner
shall meet in good faith to consider methods for improving the financial and operating status of
the Development, including, without limitation, replacement of the Management Agent.
If, after such meeting, City staff reasonably determines that the Managing Agent is not
adequately performing and recommends in writing the replacement of the Management Agent,
Owner shall promptly dismiss the then Management Agent, and shall appoint as the Management
Agent a person or entity meeting the standards for a Management Agent set forth in Section 5.2
above and approved by the City pursuant to Section 5.2 above.
Any contract for the operation or management of the Development entered into by the
Owner shall provide that the contract can be terminated as set forth above. Failure to remove the
Management Agent in accordance with the provisions of this Section shall constitute default
under this Agreement, and the City may enforce this provision through legal proceedings as
specified in Section 6.3.
5.5 ADproval of Management Policies. The Owner shall submit its written
management policies with respect to the Development to the City for its review, and shall amend
such policies in any way necessary to ensure that such policies comply with the provisions of this
Agreement.
7
5.6 Property Maintenance. The Owner agrees, for the entire Term of this Agreement,
to maintain all interior and exterior improvements, including landscaping, on the Property in
good condition and repair (and, as to landscaping, in a healthy condition) and in accordance with
all applicable laws, rules, ordinances, orders and regulations of all federal, state, county,
municipal, and other governmental agencies and bodies having or claiming jurisdiction and all
their respective departments, bureaus, and officials.
The City places prime importance on quality maintenance to ensure that all affordable
housing projects within the City are not allowed to deteriorate due to below-average
maintenance. Normal wear and tear of the Development will be acceptable to the City assuming
the Owner agree to provide all necessary improvements to assure the Development is maintained
in good condition. The Owner shall make all repairs and replacements necessary to keep the
improvements in good condition and repair.
In the event that the Owner breaches any of the covenants contained in this section and
such default continues for a period of five (5) business days after written notice from the City
with respect to graffiti, debris, waste material, and any other matter posing a threat to the health
and safety of the tenants, or thirty (30) days after written notice with respect to general
maintenance, landscaping and building improvements, (and subject to any stricter requirements
included in any applicable City ordinance) then the City, in addition to whatever other remedy it
may have at law or in equity, shall have the right to enter upon the Property and perform or cause
to be performed all such acts and work necessary to cure the default. Pursuant to such right of
entry, the City shall be permitted (but is not required) to enter upon the Property and perform all
acts and work necessary to protect, maintain, and preserve the improvements and landscaped
areas on the Property, and to attach a lien on the Property, or to assess the Property, in the
amount of the reasonable expenditures arising from such acts and work of protection,
maintenance, and preservation by the City and/or costs of such cure, including an administrative
charge equal to ten percent (10%) of such expenditures, which amount shall be promptly paid by
the Owner to the City upon demand.
ARTICLE 6 - MISCELLANEOUS
6.1 Term. The provisions of this Agreement shall apply to the Property for the entire
Term as defined in Section 1 above. This Agreement shall bind any successor, heir or assign of
Owner, whether a change in interest occurs voluntarily or involuntarily, by operation of law or
otherwise, except as expressly released by the City in a writing.
6.2 Covenants to Run With the Land. The City and the Owner hereby declare their
express intent that the covenants and restrictions set forth in this Agreement shall run with the
land, and shall bind all successors in title to the Property, provided, however, that on the
expiration of the Term of this Agreement said covenants and restrictions shall expire. Each and
every contract, deed or other instrument hereafter executed covering or conveying the Property or
any portion thereof shall be held conclusively to have been executed, delivered and accepted
subject to such covenants and restrictions, regardless of whether such covenants or restrictions
are set forth in such contract, deed or other instrument, unless the City expressly release such
conveyed portion of the Property from the requirements of this Agreement.
8
6.3 Enforcement bv the City. If the Owner fails to perform any obligation under this
Agreement, and fail to cure the default within 30 days after the City has notified the Owner in
writing of the default or, if the default cannot be cured within 30 days, failed to commence to
cure within 30 days and thereafter diligently pursue such cure to completion within ninety (90)
days, the City shall have the right to enforce this Agreement by any or all of the following
actions, or any other remedy provided by law.
(a) Action to Compel Performance or for Damages. The City may bring an
action at law or in equity to compel Owner’s performance of its obligations under this
Agreement, and/or for damages.
(b) Remedies Provided Under Affordable Housing Agreement. The City may
exercise any other remedy provided under the Affordable Housing Agreement.
6.4 Recording and Filing. The City and the Owner shall cause this Agreement, and all
amendments and supplements to it, to be recorded against the Property in the Official Records of
the County of San Diego.
6.5
California.
Governing Law. This Agreement shall be governed by the laws of the State of
6.6 Amendments. This Agreement may be amended only by a written instrument
executed by all the parties hereto or their successors in title, and duly recorded in the real
property records of the County of San Diego, California.
6.7 Notice. All notices given or certificates delivered under this Agreement shall be
deemed received on the delivery or refusal date shown on the delivery receipt, if (i) personally
delivered by a commercial service which furnishes signed receipts of delivery or (ii) mailed by
certified mail, return receipt requested, postage prepaid, addressed to the party to receive such
notice at the addresses set forth below. Any of the parties may, by notice given hereunder,
designate any further or different addresses to which subsequent notices, certificates or
communications shall be sent.
9
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
TO THE DEVELOPER:
Manzanita Partners, L.L.C.
3990 Ruffin Road, Suite 100
San Diego, CA 92123
Attention: Legal Department
6.9 Severability. If any provision of this Agreement shall be invalid, illegal or
unenforceable, the validity, legality and enforceability of the remaining portions of this
Agreement shall not in any way be affected or impaired thereby.
IN WITNESS WHEREOF, the City and the Owner have executed this Agreement by duly
authorized representatives, all on the date first written above.
OWNER CITY
MANZANITA PARTNERS, L.L.C.
A California limited liability company
CITY OF CARLSBAD,
A Municipal Corporation
By: ConAm Manzanita, L.P.,
Its: Managing Member
A California limited partnership By : Sandra L. Holder
Community Development Director
By: Continental American Properties, Ltd.
A California limited partnership
Its: General Partner
By; DJE Financial Corp.
A California corporation
Its: General Partner --m
10
If required by City, proper notarial acknowledgment of execution by Developer must be attached.
If a Corporation, Agreement must be signed by one corporate officer from each of the following
two groups.
*Group A.
Chairman,
President, or
Vice-president
**Group B.
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM
RONALD R. BALL, City Attorney
By: /-- i
/6-~ Mobaldi, Assistant City Attorney
11
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
I State of California
u
On 1% 1 9\ 1200y , before me, 5.3. k!!2 WO*~ r3b\+
Dale Name and litle of Officer (e.g.?'Jade Doe, Notary Public"f
personally appeared &+& QdPrX. c 7
Na&(s) of Signer@)
6ersonally known to me
to be the person@ whose name(+ isrctresubscribed
to the within instrument and acknowledged to me that
hekb&bey executed the same in hi-
authorized capacityo, and that by hi- r
signature@ on the instrument the personw, or the
entity upon behalf of which the person(+ acted,
executed the instrument.
WITNESS my hand and official seal.
Place Notaly Seal Above AcSh
Signatures Notary Public
OPTlONA L
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent 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(s) 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 Attorney in Fact
0 Trustee
0 Guardian or Conservator
Other:
Signer Is Representing:
I
Signer's Name:
0 Individual
0 Corporate Officer - Title(s):
0 Partner - 0 Limited 3 General
0 Attorney in Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing:
I I
Q 2004 National Notary Association 9350 De Solo Ave., P.O. Box 2402 * Chatsworth, CA 913132402 Item No. 5907 Reorder: Call Toll-Free 1-800-876-6827
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
Countyof S~W Oicsrs
On ,
personally appeared &doh L3. ri\\eu
} SS.
wo+cq
\Ab 1 Aoo ct ', before me, .9U\ob c
Name and Title of Officer (e.g., &e boe. Notaly Publlc") Date
Name@) of Signer($ ' I
Place Noialy Seal Above
Fpersonally known to me
to be the personw whose name@ ishesubscribed
to the within instrument and acknowledged to me that
heb&e#bey executed the same in hi-
authorized capacityfies): 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.
AS. L
Signature of Not& Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent 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(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
0 Individual 0 Individual
0 Corporate Officer -Title@): 0 Corporate Officer - Title(s):
17 Partner - 0 Limited 0 General 0 Partner - 0 Limited 0 General
0 Attorney in Fact 0 Attorney in Fact
0 Trustee
0 Guardian or Conservator Guardian or Conservator
0 Other:
Signer Is Representing: Signer Is Representing:
Q 2004 National Notary Association 9350 De Soto Ave., P.O. Box 2402 Chatsworth, CA 91313-2402 Item No. 5907 Reorder: Call Toll-Free 1-800-876-6827
ATTACHMENT A 17866
LEGAL DESCWPTION OF SUBJECT PROPERTY
THAT PORTION OF THE SOUTHERLY TEN ACRES OF THE NORTHEAST
QUARTER OF THE SOUTHWEST QUARTER OF SECTION 23, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNADINO MERIDIAN, IN THE COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT
THEREOF, AND THAT PORTION OF THE SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 23, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNADINO MEFUDIAN, IN THE COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT TKEREOF MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER
OF THE SOUTHWEST QUARTER OF AFOREMENTIONED SECTION 23, THENCE
N 00’32’21” E 83.75 FEET ALONG THE EASTERLY LINE OF SOUTHEAST
QUARTER OF THE SOUTHWEST QUARTER OF SECTION 23, TO A POINT OF
CONCAVE NORTHEASTERLY, SAID POINT OF INTERSECTION HAVING A
RADIAL BEARING OF N 58027’19” E, SAID CURVE ALSO BEING THE WESTERLY RIGHT OF WAY OF EL CAMIN0 REAL AS PER RECORD OF
SURVEY 1800-1, BEING 45 FEET WESTERLY OF AND PARALELL WITH SAID
CENTERLINE OF SAID ROAD SURVEY;
MTERSECTION WITH A NON-TANGENT 7045 FOOT RADIUS CURVE
THENCE ALONG SAID RIGHT OF WAY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 2” 30’ 02” AN ARC LENGTH OF 307.46 FEET TO A
TANGENT LINE HAVING A BEARING OF N 29002’39” W
THENCE 235.12 FEET ALONG SAID LINE TO A POINT ON SAID WESTERLY RIGHT OF WAY LINE OF EL CAMIN0 REAL, TO THE TRUE POINT OF
BEGINNING,
THENCE LEAVING SAID WESTERLY RIGHT OF WAY LINE S 60’ 57’21” W 18.00
FEET
PAGE 1 OF4
17867
THENCE, S 61938’47’’ W 76.59 FEET
THENCE N 85O 24’48” W 197.18 FEET
THENCE; N 24O 2 1 ’23” W 127.69 FEET
THENCE; N 19””12” W 146.67 FEET
THENCE; N 16O 16’07‘‘ W 133.09 FEET
THENCE; N 08” 42’34” W 65.63 FEET
THENCE; N 43’19’35’’ W 81.61 FEET
THENCE; S 57” 34’35” W 84.95 FEET
THENCE; N 32O 55’41” W 251.27 FEET
THENCE; N 32006’42” W 33.52 FEET
THENCE; N 57” 53’1 8” E 23.24 FEET
THENCE; N 35” 28’20” W 105.20 FEET
THENCE; N 890 33’56“ W 24.00 FEET
THENCE; N 400 5 8’0 1 W 93.22 FEET
THENCE; N 300 48’43” W 110.49 FEET
THENCE; N 59” 11’17” E 20.00 FEET
THENCE; N 30” 48’43” W 49.26 FEET
THENCE; N 43” 54’21” W 10.00 FEET TO A POINT OF INTERSECTION WITH A NON TANGENT 280 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, SAID
CURVE ALSO BEING THE SOUTHERLY RIGHT OF WAY OF CASSIA RD AS
TAKEN BY THE CITY OF CARLSBAD IN FlNAL ORDER OF CONDEMNATION
PAGE 2 OF 4
*I 17868
RECORDED FEBRUARY 12, 1998 DOCUMENT NUMBER 1998-075111 OF
OFFICIAL RECORDS; SAID POINT TO HAVING A RADIAL BEARING OF S 43"
54' 21" E TO SAID CURVE
THENCE; NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 44" 2 1 ' 23'' AN ARC LENGTH OF 2 16.77 FEET TO A LINE TANGENT
TO SAID CURVE HAVING A BEARING OF S 89" 32' 58" E
THENCE ALONG SAID LINE 470.89 FEET, SAID LINE ALSO BEING THE
SOUTHERLY RIGHT OF WAY OF CASSIA RD AS TAKEN BY THE CITY OF
CARLSBAD IN FINAL ORDER OF CONDEMNATION NUMBER 68254-1
RECORDED APRIL 12, 1996 FILE NUMBER 1996-0181733 OF OFFICIAL
RECORDS TO A TANGENT 280 FOOT RADIUS CURVE CONCAVE SOUTHERLY
THENCE EASTERLY AL.ONG SAID CURVE THROUGH A CENTRAL ANGLE OF
1" 49' 36" AN ARC DISTANCE OF 8.93 FEET TO A LINE TANGENT TO SAID
CURVE HAVING A BEARING OF S 87" 43' 22" E
THENCE ALONG SAID LINE 18.06 FEET TO AN ANGLE POINT IN SAID RIGHT
OF WAY
THENCE S 41" 17' 25" E A DISTANCE OF 43.07 FEET TO A POINT OF
INTERSECTION WITH A NON-TANGEANT 1558 FOOT RADIUS CURVE
CONCAVE EASTERLY SAID POINT HAVING A RADIAL BEARING OF S 790 38'
44" E
THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 10 56, 27" AND ARC DISTANCE OF 52.78 FEET TO A POINT OF
INTERSECTION WITH A COMPOUND NON-TANGENT I205 FOOT RADIUS
CURVE CONCAVE EASTERLY SAID POINT OF INTERSECTION HAVING A
RADIAL BEARiNG OF S 84" 36' 47" E TO SAID 1205 FOOT RADIUS CURVE
THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 8" 48' 36" AN ARC DISTANCE OF 185.29 FEET TO A POINT OF
CONCAVE NORTHEASTERLY, SAID POINT OF INTERSECTION HAVING A
RADIAL BEARING TO SAID 1545 FOOT RADIUS CURVE OF S 88' 24' 34" E,
SAID CURVE ALSO BEING THE WESTERLY RIGHT OF WAY OF EL ChMINO
INTERSECTION WITH A NON-TANGENT 1545 FOOT RADIUS CURVE
PAGE 3 OF 4
.. .- 17869
REAL AS SHOWN ON ROAD SURVEY 1800-1 BEING 45 FEET WESTERLY OF THE CENTERLINE OF SAID ROAD SURVEY
THENCE; SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF 30" 38' 06" AN ARC DISTANCE OF 826.08 FEET TO A TANGEANT LINE
HAVING A BEARING OF S 29" 02' 39" E
THENCE ALONG SAID LINE A DISTANCE OF 6.32 FEET TO THE TRUE Pol'"'
OF BEGINNING.
CONTAINING 1 1-10 ACRES MORE OR LESS.
PAGE 4 OF 4