HomeMy WebLinkAboutZC 00-11; Carlsbad Apts LP; 2005-0579758; Affordable Housing-Regulatory Agreement & Dec. of Restrictive CovenantsDOC # 2005-0579758
2';' AND WHEN RECORDED MAIL TO:
City of Carlsbad
City Clerk's Office
Attn. City Clerk
1200 Carlsbad Village Drive
JUL 11.2005 9:05 AM
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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 21st day of June, 2005, by and between the City of Carlsbad,
a municipal corporation (the "City"), and Carlsbad Apts. L.P., a Nevada limited partnership
("Owner").
RECITALS
1. The City and Owner have entered into that certain Affordable Housing Agreement
Imposing Restrictions on Real Property dated August 16, 2004, which was recorded on
September 2, 2004, in the Official Records of San Diego County as Document No. 2004-
0842034. The Affordable Housing Agreement (the "Affordable Housing Agreement") set forth
the affordable housing requirements for the Summit Apartment Project, located on the real
property in the City of Carlsbad, County of San Diego, which such real property is more
particularly described in Exhibit A attached hereto and incorporated herein (the "Property'').
2. The Owner intends to develop one hundred forty-three (143) residential apartment
units within the Summit Apartment Project. Of the one hundred forty-three (143) residential
apartment units, twenty nine (29) 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 Summit Apartment Project. The Low Income units shall be disbursed
throughout the development to prevent concentration in a single building. The Owner will
provide the City with a summary of the unit distribution for review and approval prior to
occupancy of the low income units.
4. Owner has agreed to observe all the terms and conditions set forth below.
5. 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:
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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'l shall mean the Property and the one hundred forty-three (1 43)
residential apartment 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 sixty percent (60%) of the Area Median Income, adjusted for household size.
(g) "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
eligible 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 (1 8)
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.
(j) "Owner" shall mean Carlsbad Apts. L.P., a Nevada limited partnership and their
successors in interest to the Development.
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(k) "Project" shall mean the Summit Apartment Project which shall not exceed one
hundred forty-three (1 43) residential apartment units.
(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 the Final Inspection approval for the entire
affordable project.
(0) "Units" shall mean twenty nine (29) 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
or, if vacant, available for rental and occupancy by Low Income Households. The low income
units shall be disbursed throughout the development and shall not be concentrated within a single
building. The Owner shall submit a summary of the unit distribution to the City for review and
approval prior to occupancy of the units; provided, however, that as of the date hereof, the City
has approved such a summary of unit distribution pursuant to a separate correspondence, which
such summary of unit distribution may be modified by a written letter agreement between the
City and the Owner.
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 sixty (60%) 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
Studio 1
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One
Two
Three
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3.5
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
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 household's 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 household's
income increases above the applicable limits for a Low Income Household, such household's
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 CERTFICATION 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
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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
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. Each year 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 June 1'' 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 Agreement. Owner shall comply with all
the terms and provisions of the Affordable Housing Agreement.
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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
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.
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 s 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 (as approved, the "Management Agent"). Prior to the
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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 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 notifjmg 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.
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 intention to cause replacement of the Management Agent,
including the reasons therefore. Within fifteen (1 5) 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, as soon as reasonably practical, but in no event less than thirty (30) days, terminate
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 Approval 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.
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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 (I 0%) 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. Upon the expiration of the Term
of this Agreement, and provided the Owner has not breached any of the terms of this Agreement,
the City shall execute and deliver a release, in recordable form, to the Owner or its successor in
interest, a release from any burden or obligation of this Agreement or the Affordable Housing
Agreement.
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
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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.
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 firther or different addresses to which subsequent notices, certificates or
communications shall be sent.
TO THE CITY OF CARLSBAD:
CITY OF CARLSBAD
Housing and Redevelopment Department
Attn: Housing and Redevelopment Director
2965 Roosevelt Street, Suite B
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Carlsbad, California 92008-2389
TOTHEDEVELOPER:
CARLSBAD APTS., LP
C/O 3993 Howard Hughes Parkway, Suite 450
Las Vegas, NV 89 109
Fax No. (702) 734-4645
All notices given under this Agreement with respect to any and all defaults by the
Owner, but not successor owners, shall also be delivered to the following parties set forth below.
These parties, the Owner’s lenders, shall be provided with a thirty (30) day opportunity to cure
any default of Owner. Such notices are governed by the same procedures mentioned above.
Prudential Summit Carlsbad General Partnership
c/o The Prudential Insurance Company of America
8 Campus Drive, 4th Floor
Parsippany, New Jersey 07054
Attn: Charles Walters
Bank One, NA
Western Region Real Estate
P.O. Box 29542
Dept. AZ1-1321
Phoenix, Arizona 85038
Attn: Gail Grace
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.
- 6.10 Estoppel Certificates. No later than thirty (30) days after Owner’s written request
for an estoppel certificate, the City shall provide an estoppel certificate to the Owner in favor of
any person identified by Owner, that (except as set forth on a schedule to the estoppel certificate)
there are (a) no defaults by Owner under the Regulatory Agreement, (b) the City has neither
made nor investigated nor is the City about to make, any claim, pursue any judgement, cause of
action, and Owner has no unhlfilled monetary obligations in favor of the City, any of which such
matters have arisen out of or related to the Regulatory Agreement, (c) there are no amendments,
modifications or other changes to the Regulatory Agreement, except as set forth in the copy of
the attached instrument, (d) the attached copy of the Regulatory Agreement is a true, correct and
complete copy of the Regulatory Agreement and (e) any other matter that Owner or any lender,
prospective lender or purchaser or prospective purchaser may reasonably request.
6.11 Lenders. The City acknowledges and consents to the liens and security interests
created by those certain loans and encumbrances secured by the Property granted by Owner in
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favor of Prudential and Bank One or their respective successors and assigns (collectively the
“Lenders”). The City hereby expressly consents to the exercise of Lenders’ rights and remedies
in and against the Property (whether pursuant to the loan documents or at law or equity),
including, without limitation, any foreclosure or deed in lieu of foreclosure and any subsequent
sale of the Property and the City agrees to recognize any such new owner of the Property and
hereby consents to any such new owner as an assignee of this Agreement and shall release Owner
upon such assumption of all obligations set forth in the Regulatory Agreement by the new owner
of the Property.
IN WITNESS WHEREOF, the City and the Owner have executed this Agreement by duly
authorized representatives, all on the date first written above.
OWNER
Carlsbad Apts. L.P., a Nevada limited
partnership
By: Carlsbad Apts MM, Inc. a Nevada
corporation
Its General Partner
By:
Name: Mark H. Caudy
Title: President
By:
Name: ’Steven D. Molasky
Title : S ecretary/Treasurer
CITY
CITY OF CARLSBAD,
A Municipal Corporation
Sandra L. Holder
Community Development Director
APPROVED AS TO FORM:
RONALD R. BALL, CITY ATTORNEY
uistant City Attorney
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.
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.1 . ‘t
) ss.
COUNTY OF &\ Wk )
On (01 2 I ,2005, before me,m?&u personally appeared
personally known to me (or proved to me on the basis of satisfactory evident;) to the
person(s) whose name(s) idare subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by hishedtheir
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.
Notary Public in and for said State
(SEAL)
My Appointment Expires
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EXHIBIT A
LEGAL DESCRIPTION OF SUBJECT PROPERTY
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-11- Au THAT PORTION OF PARCEL "A" AS s" BY CERTIFICATE OF COnPLIANCB RBcm~~rn
JULY 15, 2003 As FILE NO. 2003-0838234 OF OFFICIAL RECORDS OF SAW DIEGO
COUUlY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THOSE PORTIONS OF LOTS 3 AND 4 OF SECTION 32, TWNSHIP 11 SOURI, RANGE 4 WESp,
SAN BBRNARDIMO BASE AblD MERIDIAN, AND PARCEL 2 OF PARCBL MAP NO. 4838, IN THE
CITY OF OF SAN DIBOO, STATE OF CALIFORNIA, PILED Ju#B 18,1976
IN THB OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, AS DISUOSBD BY
CERTIFICATB OF COMPLIANCE RECORDED JANUARY 24, 1985 AS FILE NO. 85-024949 OF
OFFICIAL RECORDS, MORE PARTICULARLY DeSCRIBED AS FOLulwS:
COMMENCINO AT THE NOR-Y CORNER OF !%ID fMT 4, BEING AN ANGLE POINT IN
THE WXINDARY OF PARCEL 2 AS SHOWN OLS PARCEL MAP 487, FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO CooNTY, MARCH 30, 1971;
THENCE ALONG THE SOUTHERLY PROLONGATION OF THE EASTERLY LINE OF SAID PARCXL 2
OF PARCEL MAP 487, SWTH 00°48'25" WBST, 525.95 FEET TO A POINT ON THE
NORTHERLY BOUNXMRY OF MARRW ROAD DESCRIBED IN DEED To THE CITY OF CXRLSBAD,
RECORDED MAY 23,1973 AS DOCWENT NO. 73-144269 OF OFFICIAL RECORDS, SAID POINT
BEINO Atso THE TRUE POINT OF BBGINNIM3;
THEWCB AIx)No SAID NORTHERTY BOUNDARY OF MARRW ROAD SOUTH 81°06'26m WEST, A
DISTAUCB OF 212.49 FEET TO THE BBGINNILJO OF A TANGENT CURVB CONCkVE WY,
HAVING A RADIUS OF 1008.00 Fm;
THENCE WESTERLY ALONG SAID CURVE THRoclGH A CENTRAL ANGLE OF 04°36'26a, A# ARC
DISTANCB OF 81.05 FEET;
THENCE SWTH 76°30'00" WEST, A DISTANCE OF 59.06 FEET;
THEblcE
COdllJBR OF THB L?WD DESCRIBED 11s DEED TO LARWIN SAM DIEGO, INC., REa31RDgD
DWER 29, 1972 AS FILE NO. 347021;
81O06'26' WEST, A DISTANCE OF 208.52 PBET TO THE NORTHwBsTgRLY
"HEN- LBWIMG SAID NORTHBRLY BOUNDARY OF MARRo# RQRD NORTHERLY AIx31M3 THE
PmTIoaS OF THE mY LINE OF SAID Dm TO LARnIlS SAM DIECK), I=. booRTH
04.19'29a WEST, A DISTANCB OF 74.41
2 OF PAR- MAP 487;
TIlENcE AIx3No THE S-Y mY OF SAID PARCEL 2 OF PAR- MAP 487
NORTH 46°00'31m EAST, A DISTANCE OF 103.80 FEET TO THB MOST SoVllJERziY CORNER OE
PARCEL 2 OF SAID PAR= MAP NO. 4838;
To THE S-Y CORNER OF SAID PARCEL
.. -
THENCE THE WESTERLY LINE OF SAID PARCEL 2 OF SAID PARCEL MAP NO. 4838
NORTH 03009'03" WEST, A DISTANCE OF 599.40 F'EBP;
THEtscE LEAVING SAID WESTERLY LINE NORTH 86O50'57" EAST, A DISTANCE OF 92-41
-;
T"CB NORTH 65O40'28" EAST, A DISTANCE OF 115.19 FEET;
THENCE NORTH 87O19'55" BAST, A D1S"CE OF 11.15 FEET;
THENCE SOUTH 52°10'48n EAST. A DISTANCE OF 12.91 FEET,
THENCE NORTH 74O12'22" EAST, A DISTANCE OF 52.63 FEET;
,THENCE SOVM 63°48'00w EAST, A DISTANCE OF 96.71 FEET;
THBNCB NORTH 89O07'23" EAST, A DISTANCE OF 36.14 FEET;
T"CB SOUTH 59O29'42" EAST, A DISTANCE OF 38.37 FEET;
THENCE SOUTH 39@22'47" EAST, A DISTANCE OF 61.30 Pm;
T"CE SOUTH 17O02'52" EAST, A DISTANCE OF 12.89 FEET;
THENCE SOUTH 19°11'54n WEST, A DISTANCE OF 40.74 FEET;
T"t3 SOUTH 0O034'05" WEST, A DISTANCE OF 32.59 FEET;
THENCE SOVRI 14O22'51" EAST, A DISTANCE OF 67.04 FEET;
THENm SWlM 85°33'44" EASP, A DISTANCE OF 123.74 FEET;
THENCE SCKJl" 76°03'18" EAST, A DISTANCE OF 55.57 FEET;
THENCE SOVIM 22819*31" EAST, A DISTANCE OF 57.20 FEET,
THhlCB SOUTH 34O12'56" EAST, A DISTANCE O# 75.80 FEET;
THENCE SOIITH 30O26'24" EAST, A DISTANCE OF 18.79 FEET;
THBNCE NORTH 52O35'27" EASP, A DISTAMCE OF 15. 36 PEST;
THENCE SOUTH 52°27'00n EAST, A DISTANCE OF 27.03 FEET;
THENCE SCKCTH 39O06'22" BAST, A DISTANCE OF 72.19 Fm;
TWENCE Sm 48°08'40" WBST, A DISTANCE OF 13.75 PEEET;
mm SotlTw 34OS4'11 " BAST, A DISTANCE OF 35.62 FEET;
l'€llBlC!B SOVFW 25*03,48. EAST, A DISTAWCE OF 53.72 FBBT;
THEPSCE Sm 42°07*25a EAST, A DISTANCE OF 31.06 PBET;
l%&WCB Sm 71°30'33" -, A DISTANCE OF 65.66 FBET;
THENCE NORTH 68O36'43" EAST, A DISTANCE OF 22.32 FEET;
THENCE NORTH 79O23'01" EAST, A DISTANCE OF 35-75 FEET;
THEbICE SOUTH 57°03'48n EAST, A DISTANCE OF 6.75 FEE" TO A POINT ON THE
NOR-Y BovNIlARY OF RANCHO AGUA "lIoNI1R ACCORDING TO THE PARTITION MAP
- TwgRBop No. 823, FILED NmER 16,1896 IN THE OFFICE OF THE COUNTY RECDRDBR.
OF SAN DIEGO COUNTY;
THEN= AIDNG SAID NORTHWESTERLY BOUNDARY SOUTW 32"56'12' WEST, A DI!3"CE OF
55.88 FEgP TO A POINT ON SAID NORTHERLY BOUNDARY OF MARRON ROAD; THENCE ALOWG
NORTHERLY BOUNLZARY SOW" 81O06'26" WEST, A DISTANCE OF 437.03 FEET TO THE TRul
POINT OF BEGINNING.