Loading...
HomeMy WebLinkAboutCT 15-08; Grand Pacific Carlsbad, LP; 2016-0051993; Permanent Stormwater AgreementWHEREAS, development of the Property has been approved by the City, and is subject to the requirements of the State of California Regional Water Quality Control Board-San Diego Region Order No. ORDER NO. R9-2007-01/NPDES NO. CAS0108758, as promulgated within the City of Carlsbad Public Works Department, Storm Water Standards Manual, 2004 Edition, hereinafter referred to as "storm water regulations" and incorporated herein by this reference; and WHEREAS, the Owner is required to comply with all Federal, State and Local storm water regulations by employing permanent post-construction Best Management Practices (BMP's), hereinafter referred to as "permanent BMP(s)" to ensure impacts to storm water quality are mitigated to the Maximum Extent Practicable (MEP) prior to being discharged from the Property; and WHEREAS, the City and the Owner, its successors and assigns agree that the health safety, and welfare of the residents of Carlsbad, California, require that permanent BMP(s) be established, constructed, inspected, and operated and maintained in perpetuity on the Property; and WHEREAS, the storm water regulations require that permanent BMP(s) be established, constructed and adequately inspected, operated and maintained by the Owner, its successors and assigns, including any homeowner or property owner association; and WHEREAS, the Owner has caused to be prepared a Storm Water Management Plan (SWMP) report and drawing(s) which together detail the objectives, design, construction, inspection and operation and maintenance responsibility requirements of the permanent BMP(s) recommended to mitigate impacts to storm water quality due to the development of the Property, hereinafter collectively referred to as the "Storm Water BMP Plan" and incorporated herein by this reference; and, WHEREAS, storm water regulations require that the City ensure the continued existence and inspection, operation and maintenance of the permanent BMP(s); and WHEREAS, the City has required the recordation of this Agreement as a condition of approval of the project that secures the construction, inspection, operation and maintenance of on- \\FILESD1V\Departments\CED\LandDev\PROJECTSICT\CT 15\CT 15-08 Carlsbad Ranch Phase 3 -Rick\Bonds and Agreements\PERMANENT STORMWATER QUALITY BMP MAINTENANCE AGREEMENT doc 2 site permanent BMP(s) by the Owner, its successors and assigns, including any property owners association, in perpetuity, and NOW, THEREFORE, in consideration of the approval of this project, the foregoing promises, the mutual covenants contained herein, and the following terms and conditions, Owner and City agree as follows: 1. Owner shall comply with all the requirements of said storm water regulations and any applicable amendments thereto, and with any other provisions of law. 2. The permanent BMP(s) shall be established and constructed by Owner, its successors and assigns, in accordance with the plans and specifications identified in the Storm Water BMP Plan and modification to the approved permanent BMP(s) shall not be made without prior approval of the City Engineer. 3. Owner, its successors and assigns, including any homeowner or property owner association, shall adequately, inspect, operate and maintain the permanent BMP(s). This includes private (non-public) pipes and channels built to convey storm water to the facility, as well as all private structures, improvements, and vegetation provided to control the quantity and quality of the storm water runoff and any associated practices and programs. Adequate maintenance is herein defined as good working condition so that the permanent BMP(s) are performing in accordance with their design objectives and functions. 4. Owner, its successors and assigns, shall inspect applicable permanent BMP(s) as often as conditions require, or at frequencies recommended in the approved Storm Water BMP Plan, but in any event at least once each year prior to the rainy season. The purpose of the inspection is to assure continued safe and proper functioning of the facilities. The inspection shall cover the entire facilities, berms, outlet structure, pond areas, access roads, etc. Owner shall submit an inspection report annually to the City in a form as proscribed in the Storm Water BMP Plan or as may be proscribed by the City. Deficiencies shall be noted in the inspection report. Any deficiencies, repairs or maintenance obligations shall be noted in a record form and immediately remedied by the Owner. I\FILES01V\Departments\CED\LandDeviPROJECTS\CTICT 15\CT 15-08 Carlsbad Ranch Phase 3 -Rick\Bonds and Agreements\PERMANENT STORMWATER QUALITY BMP MAINTENANCE AGREEMENT.doc 3 5. Owner shall maintain inspection, operation and maintenance records for at least five (5) years. These records shall be made available to the City for inspection upon request at any time. 6. Owner, its successors and assigns, hereby grant permission to the City, its authorized agents and employees, to enter upon the Property and to inspect the permanent BMP(s) whenever the City deems necessary. The purpose of inspection is to follow-up on reported deficiencies to respond to State and Federal mandated storm water facility inspection requirements and/or to respond to citizen complaints. The City shall provide Owner, its successors and assigns, copies of the inspection findings and a directive to commence with the repairs or corrective measures if necessary. 7. In the event the Owner, its successors and assigns, fails to take corrective action to maintain the permanent BMP(s) in good working condition acceptable to the City, the City may enter upon the Property and take whatever steps necessary to correct deficiencies identified in the inspection report and to charge the costs of such repairs to the Owner, its successors and assigns. This provision shall not be construed to allow the City to erect any structure of permanent nature on the land of the Owner outside of the easement for the permanent BMP(s), if an easement is provided, or outside the limits of the permanent BMP(s) facility footprint described on the Storm Water BMP Plan, if an easement is not provided. It is expressly understood and agreed that the City is under no obligation to routinely maintain or repair said facilities, and in no event shall this Agreement be construed to impose any such obligation on the City. 8. Owner, its successors and assigns, will perform the work necessary to keep the permanent BMP(s) in good working order as appropriate. In the event a maintenance schedule for the permanent BMP(s) is outlined in the approved Storm Water BMP Plan, the schedule shall be followed. 9. In the event the City pursuant to this Agreement, performs work of any nature, or expends any funds in performance of said work for labor, use of equipment, supplies, materials, and the like, the Owner, its successors and assigns, shall reimburse the City upon demand, within thirty (30) days of receipt thereof for all actual costs incurred by the City hereunder. If not paid I\FILES01V\Departments\CED\LandDev\PROJECTS\CTICT 15\CT 15-08 Carlsbad Ranch Phase 3 Rick\Bonds and Agreements\PERMANENT STORMWATER QUALITY BMP MAINTENANCE AGREEMENT. doc 4 within the prescribed time period, the City shall secure a lien against the Property in the amount of such costs. The actions described in this section are in addition to and not in lieu of any and all legal remedies available to the City as a result of Owner's failure to maintain the permanent BMP(s). 10. Owner agrees that the permanent BMP(s) are privately-owned, operated and maintained by the Owner and acceptance of the work by the City shall not constitute a responsibility of the City to maintain them nor a Waiver of Defects by City. 11. Owner agrees that all residual material that is a byproduct of the proper operation and maintenance of permanent post-construction BMP's (waste) will be disposed of according to all federal, state and local regulations. 12. Unless otherwise specifically provided herein, all notices, demands or other communications given hereunder shall be in writing and shall be deemed to have been duly delivered upon personal delivery, or by Federal Express (or similar reputable express delivery service) or by facsimile transmission with back-up copy mailed the same day, or as of the second business day after mailing by United States Certified Mail, return receipt requested, postage prepaid, addressed as shown below. Notices required to be given to Owner shall be addressed as follows: Notices to the Owner shall be delivered to the following: Grand Pacific Carlsbad, LP 5900 Pasteur Ct., Ste. 200 Carlsbad, CA 92008 (760) 431-8500 Notices to City shall be delivered to the following: City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Attention: City Engineer Telephone No.: (760) 602-2730 Facsimile No.: (760) 602-8562 Each party shall notify the other immediately of any changes of ownership or address that would require any notice delivered hereunder to be directed to another Owner and/or I\FILES01V\DepartmentsiCED\LandDev\PROJECTSICT\CT 15\CT 15-08 Carlsbad Ranch Phase 3 -Rick\Bonds and Agreements\PERMANENT STORMWATER QUALITY BMP MAINTENANCE AGREEMENT.doc 5 to another address. In the event Owner fails to notify City of any change of ownership, the new Owner and the Owner whose name appears above, or whose name and address has been subsequently provided to the City pursuant to this provision, shall jointly be responsible for the operation and maintenance of any permanent post-construction BMP's on the Property and for any required annual verification statements until such time as the City is provided notification of the name and address of the new or subsequent Owner, pursuant to the provisions of this section. 13. The City or any officer or employee thereof shall not be liable for any injury to persons or property occasioned by reason of the acts or omission of Owner, its agents or employees in the performance of this Agreement. Owner further agrees to protect and hold harmless City, its officials and employees from any and all claims, demands, causes or action, liability or loss of any sort because or arising out of acts or omissions of Owner, its agents or employees in the performance of this Agreement, including claims, demands, causes of action, liability, or loss because of or arising out of the design or construction of the permanent post-construction BMP facilities. Said indemnification and Agreement to hold harmless shall extend to injuries to person and damages or taking of property resulting from the design or construction of said permanent BMP(s) as provided herein, and to adjacent property owner as a consequence of the diversion of waters from the design, construction or maintenance of drainage systems, streets, and other improvements. 14. This Agreement shall be recorded against the Property and shall constitute a covenant running with the land and shall be binding upon Owner. 15. Invalidation of any one of the provisions of this Agreement shall in no way effect any other provisions and all other provisions shall remain in full force and effect. Ill Ill Ill Ill Ill Ill \\FILES01V\Departments\CED\LandDev\PROJECTS\CT\CT 15\CT 15-08 Carlsbad Ranch Phase 3-Rick\Bonds and Agreements\PERMANENT STORMWATER QUALITY BMP MAINTENANCE AGREEMENT. doc 6 EXHIBIT "A" LEGAL DESCRIPTION HiE LAND REFERRED TO HEREIN BELOW IS SITU A TED IN THE COUNTY OF SAN DIEGO, STATE OF CAUFORNIA. AND IS DESCRIBED AS FOLLOWS: PARCEL I: APN 21!-130-ll PARCEL B OF THAT CERTAIN CERTIFICATE OF COMPLIANCE (ADJ 12-02-CE 12-05) RECORDED APRIL 2, 2012, AS FILE NUMBER OF OFFICIAL RECORDS OF SAN DJEGO COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PORTION OF PARCEL A AS SHOWN ON CERTIFICATE OF COMPLIANCE RECORDED AS DOCUMENT '" ..... : ..... :::~ , ON OCTOBER 6, 2006 RECORDED IN THE OFFICES OF THE COUNTY RECORDER, COUNTY OF SAN DIEGO. STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS AND ILLUSTRATED AS EXHIBIT "B" ATTACHED HERETO AND MADE A PART OF THIS DOCUMENT: BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 3 OF CARLSBAD TRACT NO. 03-02, RECORDED AS MAY 3, 2006 AS FILE BEING A POINT ON THE EASTERLY LINE OF LOT 12 OF SAID MAP, SAID POINT LYING ON A 522.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, A RADIAL TO SAID POINT BEARS NORTH 40°20'21" EAST; THENCE LEAVING SAID EASTERLY LINE OF LOT 12, NORTH 43°18'15" EAST A DISTANCE OF 75.59 FEET; THENCE NORTH 12°58'08" EAST A DISTANCE OF 66.19 FEET; THENCE NORTH 02"1 1 '26" WEST A DISTANCE OF 45.60 FEET TO A POTNT ON A 69.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY, A RADIAL TO SAID POINT BEARS SOUTH 02°1 J '26" EAST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 30°08'32", AN ARC LENGTH OF 36.30 FEET TO THE BEGINNING OF A 139.00 FOOT RADIUS COMPOUND CURVE, CONCAVE NORTHWESTERLY A RADIAL TO SAID POINT BEARS SOUTH 32°!9'58" EAST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 41°20'27", AN ARC LENGTH OF 100.29 FEET: THENCE LEAVING SAID CURVE SOUTH 79°32'38" EAST A DISTANCE OF 139.93 FEET; THENCE SOUTH 00"19'39" WEST A DISTANCE OF 179.12 FEET; THENCE SOUTH 89"41 '50" EAST A DISTANCE OF 72.73 FEET; THENCE NOR'I'H 75°18'03" EAST A DISTANCE OF 89.02 FEET; THENCE SOUTH !4°42'30" EAST A DISTANCE OF 95.22 FEET; THENCE SOUTH 03°24'48" WEST A DISTANCE OF 27.80 FEET; THENCE NORTH 79°58'33"' WEST A DISTANCE OF 114.68 FEET; THENCE SOUTH 58°37'29" WEST A DISTANCE OF 27!.51 FEET TO A POINT ON THE EASTERLY LINE OF LOT 12, A RADIAL TO SAID POINT BEARS NORTH 64"02'59" EAST; THENCE NORTHWESTERLY ALONG SAID EASTERLY LINE OF LOT l 2 AND ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 23"42'38", AN ARC LENGTH OF 216.02 FEET; TO THE POINT OF BEGINNING. PARCEL2: A PERMANENT AND NONEXCLUSIVE EASEMENT IN, OVER, UNDER, ACROSS, THROUGH, AND ALONG LOTS 2 THROUGH 9 AND 11 THROUGH !6 OF CITY OF CARLSBAD TRACT NO. 03-02, CARLSBAD RANCH HOTEL AND TIMESHARE CONDOMINIUMS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. ACCORDING TO FILED IN THE OFFICE OF THE COUNTY RECORDER ON MAY 3, 2006. FOR GRANTEE'S CONSTRUCTION, USE, AND MAINTENANCE OF UTILITIES, INCLUDING UNDERGROUND UTILITIES, TO SERVICE GRANTEE'S HOTEL, RESTAURANT, AND CONFERENCE CENTER. PARCEL 3: A PERMANENT AND NONEXCLUSIVE EASEMENT IN, OVER, ACROSS, THROUGH, AND ALONG THE ROAD SURFACE AND WALKWAY PORTIONS OF LOT 12 OF CITY OF CARLSBAD TRACT NO. 03-02, CARLSBAD RANCH HOTEL AND TIMESHARE CONDOMINIUMS, TN THE CITY OF CARLSBAD, COUNTY OF SAN DrEGO, STATE OF CALIFORNIA, ACCORDING TO ' FILED IN THE OFFICE OF THE COUNTY RECORDER ON MAY 3, 2006. FOR VEHICLE AND PEDESTRIAN INGRESS AND EGRESS PURPOSES BY l or 7 EXHIBIT A (Continued) GUESTS, VISITORS, AGENTS, EMl)LOYEES. STAFF MEMBERS, BUSINESS PATRONS, SERVICE PROVIDERS AND OTHER INVfTEES OF THE HOTEL, RESTAURANT, AND CONFERENCE CENTER, PARCEL 4: TWO (2) PERMANENT AND NONEXCLUSIVE EASEMENTS FOR: (l) A PARKING EASEMENT IN, OVER, ACROSS, THROUGH, Al\'D ALONG THE PARKING LOT ON LOT 15 OF CITY OF CARLSBAD TRACT NO, 03-02, CARLSBAD RANCH HOTEL AND TIMESHARE CONDOMINIUMS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO ,,,,'"''''""''''·"'''FILED IN THE OFFICE Of THE COUNTY RECORDER ON MAY 3, 2006, FOR VEHICLE INGRESS AND EGRESS AND VEHICLE PARKING PURPOSES BY GUESTS, VISITORS, AGENTS, EMPLOYEES, STAFF MEMBERS, BUSINESS PATRONS, SERVICE PROVIDERS AND OTHER INVITEES OF THE HOTEL, REST AURA NT, AND CONFERENCE CENTER; AND {2) A PEDESTRIAN EASEMENT lN. OVER, ACROSS, THROUGH, AND ALONG THE PARKING LOT AND WALKWAY AREAS OF SAID LOT 15 ABOVE FOR PEDESTRIAN INGRESS AND EGRESS TO THE ENTRANCE GATE ("BACKGATE") TO THE LEGOLAND CALIFORNIA THEME PARK BY GUESTS AND VISITORS. PARCELS: TWO (2) PERMANENT AND NONEXCLUSIVE EASEMENTS FOR: (I) A TEMPORARY EASEMENT IN, OVER, ACROSS. THROUGH, AND ALONG LOTS 2, 3, I 1, 12, 13, AND 16 OF CITY OF CARLSBAD TRACT NO, 03-02, CARLSBAD RANCH HOTEL AND TIMESHARE CONDOMINIUMS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,c.,,:,:, '"'"'''',,,,,,,"·"''FILED IN THE OFFICE OF THE COUNTY RECORDER ON MAY 3, 2006, IN CONNECTION WITH THE CONSTRUCTION OF THE HOTEL, REST AU RANT, AND CONFERENCE CENTER, FOR THE PURPOSE OF AUTHORIZING INCIDENTAL ENCROACHMENTS WHICH MAY OCCUR AS A RESULT OF THE USE OF LADDERS, SCAFFOLDING, SHEDS AND SIMILAR FACILITIES OR STRUCTURES RESULTING IN TEMPORARY OBSTRUCTIONS UPON PORTIONS OF SAID LOTS 2, 3, ll, 12, J 3, AND 16 ABOVE, SO LONG AS SUCH USE IS KEPT WITHIN THE REASONABLE REQUIREMENTS OF CONSTRUCTION WORK EXPED!TJOUSL Y PURSUED, AND PROVIDED SUCH TEMPORARY OBSTRUCTIONS ARE PROMPTLY REMOVED FOLLOWING COMPLETION OF SUCH CONSTRUCTION; AND (IJ) AN EASEMENT IN, OVER, UNDER, ACROSS, THROUGH, AND ALONG SAID LOTS 2, 3, l l, 12, 13, JND 16 ABOVE, TN CONNECTION WITH CONSTRUCTION, FOR THE PURPOSE OF AUTHORIZING THE PLACEMENT OF UNDERGROUND PIERS, FOOTINGS AND/OR FOUNDATIONS ACROSS THE BOUNDARY LINE OF SAID LOTS, PARCEL 6: APN 21 J-131-15 PARCEL C OF THAT CERTAIN CERTIFICATE OF COMPLIANCE (ADJ 12-02-CE 12-06) RECORDED APRIL 2, 2012, AS FILE NUMBER OF OFFICIAL RECORDS OF SAN DIEGO COUNTY. BEINO MORE PARTlCULARL Y DESCRIBED AS FOLLOWS: ALL OF PARCEL BAS SHOWN ON CERTIFICATE OF COMPLIANCE RECORDED AS DOCUMENT ON OCTOBER 6, 2006 AND ALL OF LOT 13 OF CARLSBAD TRACT NO, 03-02, RECORDED AS ON MAY 3, 2006 AS FILE ALL RECORDED IN THE OFFICES OF THE COUNTY RECORDER, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY COR..~ER OF SAID LOT 13 BEING A POINT ON THE EASTERLY LINE OF LOT 12 OF SAID MAP; THENCE NORTH66"37'55" EAST A DISTANCE OF 203,90 FEET; THENCE NORTH 2 oF 7- EXHIBIT A (Continued) 21°37'55" EAST /\ DISTANCE OF 8.34 FEET; THENCE NORTH 23"22'05" WEST A DISTANCE OF69.83 FEET; THENCE SOUTH 43"'14'03'' WEST A DISTANCE OF 19.21 FEET; THENCE NORTH 46°45'57" WEST A DISTANCE OF 13.00 FEET TO THE BEGINNING OF A 37.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 26°25'10", AN ARC LENGTH OF !7.06 FEET; THENCE NORTH 73°Il'07" WEST A DISTANCE OF 93.79 FEET; THENCE NORTHI6°48'53" EAST A DISTANCE OF 55.46 FEET; THENCE NORTH 23°22'05" WEST A DISTANCE OF 11.51 FEET; THENCE NORTH 66''37'55" EAST A DISTANCE 0Fl70.75 FEET; THENCE SOUTH 23°22'05" EAST A DISTANCE OF 74.00 FEET: THENCE NORTH 66°37'55" EAST A DISTANCE OF 100.00 FEET; THENCE SOUTH 23"22'05" EAST A DISTANCE OF 138.00 FEET; THENCE NORTH66"37'55" EAST A DISTANCE OF 35.12 FEET; THENCE SOUTH 36"02'20" EAST A DISTANCE OF 100.78 FEET: THENCE SOUTH 88"02'53" EAST A DISTANCE OF79.30 FEET; THENCE SOUTH 63°51'08" EAST A DISTANCE OF 96.38 FEET; THENCE SOUTH 11°56'19" EAST A DISTANCE OF 96.12 FEET; THENCE SOUTH00°02'37" WEST A DISTANCE OF 142.42 FEET; THENCE SOUTH 14°42'30" EAST A DISTANCE OF 33.45 FEET; THENCE SOUTH 75°18'03" WEST A DISTANCE OF89.02 FEET; THENCE SOUTH 89"41 '50" WEST A DISTANCE OF 72.73 FEET; THENCE NORTH 00°!9'39" EAST A DISTANCE OF 179.12 FEET; THENCE NORTH 79°32'38" WEST A DISTANCE OF 139.93 FEET TO THE BEGINNING OF A 139.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY A RADIAL TO SAJD POINT BEARS SOUTH 73°40'25" EAST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF41"20'27", AN ARC LENGTH OF 100.29 FEET TO THE BEGINNING OF A 69.00FOOT RADIUS COMPOUND CURVE, CONCAVE NORTHERLY, A RADIAL TO SAID POfNT BEARS SOUTH 32°19'58" EAST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRA.L ANGLE OF 145°25'46", AN ARC LENGTH OF 175.14 FEET TO THE BEGINNING OF A 3!.00 FOOT RADIUS REVERSE CURVE, CONCAVE WESTERLY, A RADIAL TO SAID POINT BEARS SOUTH 66°54'12" EAST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE TH.ROUGH A CENTRAL ANGLE OF 46°27'53", AN ARC LENGTH OF25.l4 FEET; THENCE NORTH 23°22'05" WEST A DISTANCE OF 50.86 FEET; THENCE SOUTH 66"37'55" WEST A DISTANCE OF 181.75 FEET; THENCE NORTH 34"44'54" WEST A DISTANCE OF 40.80 FEET TO THE POINT OF BEGINNING. PARCEL 7: APN 211-131-11 PARCEL A OF THAT CERTAIN CERTIFICATE OF COMPLIANCE (ADJ 11-04-CE 12-09) RECORDED APRIL 25. 2012, AS FILE NUMBER OF OFFICIAL RECORDS OF SAN DIEGO COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEING PORTIONS OF LOTS 6, 7, 8 AND 14 AS SHOWN ON MAP NO. FILED IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED MAY 3, 2006 AS FILE lN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST EASTERLY CORNER OF LOT 14, AS SHOWN ON SAID MAP NO. THENCE SOUTH 58°37'29" WEST A DISTANCE OF 85.43 FEET; THENCE NORTH 31 °22'31" WEST A DISTANCE OF 33.38 FEET TO THE BEGINNING OF A 143.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 05°03'45", AN ARC LENGTH OF 12.64 FEET TO A NON-TANGENT LINE; THENCE SOllTH 58"37'29" WEST A DISTANCE OF 364.36 FEET TO THE BEGTl\TNING OF A 200.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY: THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGI! A CENTRAL ANGLE OF 35°37'49", AN ARC LENGTH OF 124.37 FEET; THENCE NORTH lW44'42" WEST A DfS'I'ANCE OF 187.59 FEET TO A POINT ON A NON-TANGENT, 60.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, A RADIAL TO SAID POINT BEARS NORTH 54°29'06" EAST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRA.L ANGLE OF 28°34'40", AN ARC LENGTH OF 29.93 FEET; THENCE NORTH 64°05'34'' WEST A DISTANCE OF 100.07 FEET TO THE BEGJNNlNG OF A 316.60 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 67°46'03". AN ARC LENGTH OF 374.46 FEET; THENCE NORTH 03°40'29" EAST A DISTANCE OF 399.47 FEET TO TlfE BEGINNING OF A 197.16 FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE TIIROUGH A CENTRAL ANGLE OF 43"35'04", AN ARC LENGTH OF 149.98 FEET; THENCE NORTH 3 oF f- EXHIBIT A (Continued) 47°!5'33" EAST A DISTANCE OF 72.24 FEET TO THE BEGINNING OF A 60.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 25"00'29", AN ARC LENGTH OF 26.19 FEET; THENCE NON-TANGENT TO SAID CURVE SOUTH 67"09'52" EAST A DJSTANCE OF 86.99 FEET; THENCE SOUTH 43"13'22" EAST A DISTANCE OF 27.56FEET; THENCE NORTH 66°37'55" EAST A DISTANCE OF 23.6.1 FEET; THENCE SOUTH23"22'05" EAST A DISTANCE OF 17.04 FEET TO A POINT ON A NON-TANGENT, 289.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, A RADIAL TO SAID POINT BEARS NORTH 40"53'56" WEST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 41"49'39", AN ARC LENGTH OF210.98 FEET; THENCE SOUTH 07"16'25" WEST A DISTANCE OF 295.67 FEET TO THE BEGINNING OF A 249.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 65"3!'34", AN ARC LENGTH OF 284.77 FEET; THENCE SOUTH 58"15'09" EAST A DISTANCE OF 119.32 FEET TO THE BEGINNING OF A 175.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY; HfENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 96"l6W\ AN ARC LENGTH OF 294.03 FEET; THENCE NORTH 25"28'51" EAST A DISTANCE OF 62.31 FEET; THENCE NORTH 64"31 '09" WEST A DISTANCE OF 18.50 FEET; THENCE NORTH 25°28'51" EAST A DlST ANCE OF 60.03 FEET; THENCE NORTH 64°31 '09" WEST A DISTANCE OF 6.50 FEET; THENCE NORTH 25"28'51" EAST A DISTANCE OF 38.77 FEET TO THE BEGINNING OF A 165.00 fOOT RADIUS CURVE, CONCAVE WESTERLY~ THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 50022'47", AN ARC LENGTH OF 145.08 FEET; THENCE NORTH 24"53'56" WEST A DISTANCE OF 14.96 FEET TO THE BEGINNING OF A 375.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 28"33'05", AN ARC LENGTH OF 186.87 FEET; THENCE NORTH 53°27'01" WEST A DISTANCE OF 40.44 FEET TO THE BEGINNING OF A 310.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF !4"19'41", AN ARC LENGTH OF 77.52 FEET; THENCE NON-TANGENT TO SAID CURVE NORTH 51°14'51" EAST A DISTANCE OF 18.00 FEET TO A POINT ON A NON-TANGENT, 292.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, A RADIAL TO SAID POfNT BEARS SOUTH 50"51'18" WEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 15"09'59" AN ARC LENGTH OF 77.29 FEET; THENCE NORTH 23"58'43" WEST A DISTANCE OF 25.93 FEET TO THE BEGINNING OF A 533.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 06"43'16", AN ARC LENGTH OF 62.52 FEET; THENCE NON- TANGENT TO SAID CURVE NORTH 66"37'55" EAST A DISTANCE OF 15.76 FEET; THENCE SOUTH 63"21'21" EAST A DISTANCE OF 19.87 FEET; THENCE SOUTH 23"22'05" EAST A DISTANCE OF 32.15 FEET TO THE BEGINNING OF A 447.00 FOOT RADIUS CURVE. CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 33"23'30". AN ARC LENGTH OF 260.51 FEET TO THE BEGINNING OF A 433.00 FOOT RADIUS REVERSE CURVE, CONCAVE SOUTHWESTERLY, A RADIAL TO SAID POINT BEARS NORTH 33"14'25" EAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 31"30'30", AN ARC LENGTH OF 238.12 FEET TO THE BEGINNING OF A 442.00 FOOT RADIUS REVERSE CURVE, CONCAVE NORTHEASTERLY, A RADIAL TO SAID POINT BEARS SOUTH 64"44'55" WEST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 32"07'38", AN ARC LENGTH OF 247.84 FEET TO THE BEGINNING OF A 323.00 FOOT RADIUS REVERSE CURVE, CONCAVE SOUTHWESTERLY, A RADIAL TO SAID POINT REARS NORTH 32"37'17" EAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 22"47' 14", AN ARC LENGTH OF 128.46 FEET TO THE POfNT OF BEGINNING. PARCEL 8: APN 211-!31-14 PARCEL D OF THAT CERTAIN CERTIFICATE OF COMPLIANCE (ADJ 11-04-CE 12-10) RECORDED APRIL 25. 2012, AS FILE NUMBER OF OFFICIAL RECORDS OF SAN DIEGO COUNTY, BEING MORE PARTJCULARL Y DESCRIBED AS FOLLOWS: BEING PORTIONS OF LOTS 6, 7, 8 AND 14 AS SHOWN ON MAP NO, DIEGO, STATE OF CALIFORNIA, RECORDED MA'Y 3, 2006 AS FILE NO. FILED IN THE COUNTY OF SAN IN THE OFFICE OF THE EXHIBIT A (Continued) COUNTY RECORDER OF SAID COUNTY, SAlD PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST EASTERLY CORNER COMMON TO LOTS 5 AND 14, AS SHOWN ON SAID MAP NO. THENCE SOUTH 66"37'55" WEST A DISTANCE OF 102.23 THENCE SOUTH 23"22'05" EAST A DISTANCE OF 17.04 FEET TO A POINT ON A NON-TANGENT, 289.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY. A RADIAL TO SAID POINT BEARS NORTH 40"53'56" WEST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 41"49'39", AN ARC LENGTH OF 210.98 FEET; THENCE SOUTH 07"16'25" WEST A DISTANCE OF 295.67 FEET TO THE BEGINNING OF A 249.00 FOOT RADIUS CURVE. CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 65"31534", AN ARC LENGT!:l OF 284.77 FEET; THENCE SOUTH 58°15'09" EAST A DISTANCE OF 1!9.32 FEET TO THE BEGINNING OF A 175.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 96"16'00" AN ARC LENGTH OF 294.03 FEET; THENCE NORTH 25"28'51" EAST A DISTANCE OF 62.31 FEET; THENCE NORTH 64"31'09" WEST A DISTANCE OF 18.50 FEET; THENCE NORTH 25"28'51" EAST A DISTANCE OF 60.03 FEET; THENCE NORTH 64"31'09" WEST A DISTANCE OF 6.50 FEET; THENCE NORTH 25"28'51" EAST A DISTANCE OF 38.77 FEET TO THE BEGINNING OF A 165.00 FOOT RADIUS CURVE, CONCAVE WESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 50°22'47", AN ARC LENGTH OF 145.08 FEET; THENCE NORTH 24"53'56" WEST A DISTANCE OF 14.96 FEET TO THE BEGII\'NfNG OF A 375.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE NORl'IIWESTERL Y ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 28°33'05", AN ARC LENGTH OF 186.87 FEET; TliENCE NORTH 53°27'0!" WEST A DISTANCE OF 40.44 FEET TO THE BEGINNING OF A 310.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 14"19'41", AN ARC LENGTH OF 77.52 FEET; THENCE NON-TANGENT TO SAID CURVE NORTH 51°l4'5l"EAST A DISTANCE OF 18.00 FEET TO A POINT ON A NON- TANGENT, 292.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, A RADIAL TO SAID POINT BEARS SOUTH 50°51'18" WEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 15°09'59", AN ARC LENGTH OF 77.29 FEET; THENCE NORTH. 23°58'43" WEST A DISTANCE OF 25.93 FEET TO THE BEGINNING OF A 533.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 06"43'!6", AN ARC LENGTII OF 62.52 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "A"; THENCE NON-TANGENT TO SAID CURVE NORTH 66"37'55" EAST A DISTANCE OF 15.76 FEET; THENCE NORTH 23°22'05" WEST A DISTANCE OF 76.67 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM: COMMENCING AT POINT "A"; THENCE SOUTH 63"45'06'' WEST A DISTANCE OF 53.68 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING ON A NON-TANGENT, 479.50 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, A RADIAL TO SAID POINT BEARS NORTli 58"48'08" EAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 07° 13'09", AN ARC LENGTH OF 60.42 FEET: THENCE SOUTH 23"58'43" EAST A DISTANCE OF 25.93 FEET TO THE BEGINNING OF A 345.50 FOOT RADIUS CURVE. CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 15"44'47", AN ARC LENGTH OF 94.95 FEET; THENCE NON- TANGENT TO SAID CURVE SOUTH 49"01'52" WEST A DrSTANCE OF 18.00 FEET TO A POINT ON A NON- TANGENT 363.50 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, A R.t>,DIAL TO SAID POINT BEARS SOUTH 50°!2'48" WEST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 13"39'49", AN ARC LENGTH OF 86.69 THENCE SOUTH 53°27'01" EAST A DISTANCE OF 40.44 FEET TO THE BEGINNING OF A 321.50 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 28"33'05", AN ARC LENGTH OF 160.21 FEET: THENCE SOUTH 24"53'56" EAST A DISTANCE OF 14.96 FEET TO THE BEGINNING OF A l!l.50 FOOT RADIUS CURVE, CONCAVE WESTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 23"39'31", AN ARC LENGTH OF 46.04 FEET; THENCE NON-TANGENT TO SArD CURVE NORTH 84°54' 10" EAST A DrSTANCE OF 18.04 FEET TO A POINT ON A NON- S o~-1- EXHIBIT A (Continued) TANGENT !29.50 FOOT RADIUS CUR\lE, CONCAVE WESTERLY, A RADIAL TO SAID POINT BEARS NORTH 88°13'23" EAST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 17°43'19", AN ARC LENGTH OF 40.06 FEET; THENCE NON-TANGENT TO SAID CURVE NORTH 70"44'06" WEST A DISTANCE OF 18.04 FEET TO A POINT ON A NON-TANGENT 111.50 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, A RADIAL TO SAID POINT BEARS SOUTH 74"35'3!" EAST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 10"04'22", AN ARC LENGTH OF 19.60 FEET; THENCE SOUTH 25"28'51" WEST A DISTANCE OF 135.59 FEET; THENCE SOUTH 64°W09" EAST A DISTANCE OF 18.00 THENCE SOUTH 25"28'51" WEST A DISTANCE OF 25.51 FEET TO THE BEGINNING OF A 1!4.50 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 23"31'13", AN ARC LENGTH OF47.00 FEET; THENCE NON-TANGENT TO SAID CURVE NORTH 37°14'35" WEST A DISTANCE OF UUl5 FEET TO A POINT ON A NON- TANGENT 96.50 FOOT RADIUS CURVE, CONCAVE NORTHERLY, A RADIAL TO SAID POINT BEARS SOUTH 41°42'02" EAST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 58"35' !6", AN ARC LENGTH OF 98.68 FEET; THENCE NON-TANGENT TO SAID CURVE SOUTH 12°25'47" WEST A DISTANCE OF 18.05 FEET TO A POINT ON A NON-TANGENT 114.50 FOOT RAD!l.JS CURVE, CONCAVE NORTHEASTERLY. A RADIAL TO SAID POINT BEARS SOUTH 16"11 '07" WEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 15°33'44", AN ARC LENGTH OF 31.10 FEET; THENCE NORTH 58"!5'09" WEST A DISTANCE OF 28.66 FEET; THENCE NORTH 31''44'51" EAST A DISTANCE OF 18.00 FEET; THENCE NORTH 58°15'09" WEST A DISTANCE OF 40.50 FEET; THENCE SOUTH 31 0 44'51" WEST A DISTANCE OF 18Jl0 FEET; THENCE NORTH 58"!5'09" WEST A DISTANCE OF 47.40 FEET; THENCE NORTH 32"43'57'' EAST A DISTANCE OF 18.03 FEET TO A POINT ON A NON-TAN GENT 170.50 FOOT RADiUS CURVE, CONCAVE NORTHEASTERLY A RADIAL TO SAID POINT' BEARS SOUTH 30°42'57" WEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 25"33'15", AN ARC LENGTH OF 76.04 FEET; THENCE NON-TANGENT TO SAID CURVE SOUTH 47"09'27" WEST A DISTANCE OF 10.89 FEET; THENCE SOUTH 53°49'41" WEST A DISTANCE OF 7.25 FEET TO A POINT ON A NON- TANGENT 188.50 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, A RADIAL TO SAID POINT BEARS SOUTH 55"39'07" WEST; H:IENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE HIROUGH A CENTRAL ANGLE OF 16°15'48", AN ARC LENGTH OF 53.51 FEET; THENCE NON-TANGENT TO SAID CURVE NORTH 74°!1 '44" EAST A DISTANCE OF 19.52 FEET TO A POINT ON A NON-TANGENT 169.00 FOOT RADIUS CURVE, CONCAVE EASTERLY A RADlAL TO SAID POTNT BEARS SOUTH 71°39'07" WEST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 24°!4'28", AN ARC LENGHI OF 71.50 FEET; T!IENCE NON-T ANCiENT TO SAID CURVE NORTH 86°39'00" WEST A DISTANCE OF 19.52 FEET TO A POINT ON A NON-TANGENT 188.50 FOOT RADIUS CURVE, CONCAVE EASTERLY, A RADIAL TO SAID POINT BEARS NORTH 84°22'.13" WEST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTR.1\L ANGLE OF 01"38'38", AN ARC LENGTH OF 5.41 FEET; THENCE NORTH OJOI6'25" EAST A DISTANCE OF ~W.72 FEET; THENCE SOUTH 82°43'35" EAST A DISTANCE OF 19.50 FEET; THENCE NORTH 07°16'25" EAST A DISTANCE OF 49.00 FEET; THENCE NORTH 82"43'35" WEST A DISTANCE OF !9.50 FEET; THENCE NORTH 07°16'25" EAST A DISTANCE OF 60.36 FEET; THENCE SOUTH 82°43'35" EAST A DISTANCE OF 18.00 FEET; THENCE NORTH 07°16'25" EAST A DISTANCE OF 105.60 FEET TO THE BEGINNING OF A 210.50 FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 25°08'45", AN ARC LENGTH OF 92.38 FEET; THENCE NON-TANGENT TO SATD CURVE NORTH 59°37'20" WEST A DISTANCE OF 18.01 FEET TO A POINT ON ANON-TANGENT 228.50 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, A RADIAL TO SAID POINT BEARS NORTH 5T44'29" WEST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 18"!0'58", AN ARC LENGTH OF 72.51 FEET TO THE BEGINNING OF A 7.50 FOOT RADIUS COMPOUND CURVE. CONCAVE SOUTHERLY, A RADIAL TO SAID POJNT BEARS NORTH 39"33'3!" WEST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 98°2!'39". AN ARC LENGTH OF 12.88 FEET TO THE TRUE PO TNT OF BEGINNING. PARCEL 9: APN 21 J-130-05; 21l-l31-02, 03,04 LOTS 3. 4, 5, 12 OF CITY OF CARLSBAD TRACT N0.03-02 CARLSBAD RANCH HOTEL AND TIMESHARE CONDOMTNTUM, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO OF CALIFORNIA, ACCORDING TO 3, 2006. EXHIBIT A (Continued) ' FILED JN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 7 oF