HomeMy WebLinkAboutAD 2003-01; Calavera Hills II LLC; 2004-0000000; Reimbursement Agreement/ReleaseAGREEMENT FOR REIMBURSEMENT OF COSTS TO DESIGN AND CONSTRUCT
CANNON ROAD REACH 3 AND COLLEGE BOULEVARD REACH B AND C
This Reimbursement A reem nt of Construction Costs (“Agreement”) is entered
into as of this /7* day of SeL$fmkd , 2004 by and between Calavera HillsII, a
California limited liability company’ (“Subdivider”), and the City of Carlsbad, a municipal
corporation of the State of California (“City”), with reference to the following:
RECITALS
A. Subdivider owns and is subdividing and developing certain real property
located in City and more particularly described in Exhibit “A attached hereto (the “Calavera
Hills/Robertson Ranch East Property”).
B. Subdivider petitioned the City Council of City and the City has formed a
special assessment district (“Assessment District”) encompassing the Calavera Hills/Robertson
Ranch East Property pursuant to the terms and provisions of the Municipal Improvement Act of
1913, designated as ASSESSMENT DISTRICT NO. 2003-01 (College Boulevard and Cannon
Road East) pursuant to City Council Resolution No. 2003-245 adopted on September 16, 2003.
C. The Assessment District establishes a mechanism to finance the
acquisition of public improvements and to spread the costs of the public improvements among
properties, which will specifically benefit from the improvements based upon the special benefit
received by each such property. The primary improvements proposed to be financed through
the Assessment District include the extension of College Boulevard and Cannon Road, both
important links in the City’s traffic circulation system and designed as major arterials on the
Circulation Element of the City’s General Plan, including appurtenant sewer and water utility
improvements and drainage facilities (“Assessment District Improvements”), as further
described in the Final Engineer’s Report for the Assessment District dated July 31, 2003
prepared by Galen N. Peterson, Consulting Engineer (“Engineer’s Report”), incorporated herein
by this reference. The Engineer’s Report is on file, and available for inspection at the Office of
the City Engineer.
D. Construction of the Assessment District Improvements will satisfy certain
conditions of the subdivision and development of the Calavera Hills/Robertson Ranch East
Property by providing access and backbone utilities so the projects can support their planned
uses. Without the Assessment District Improvements, the parcels within the Assessment
District could not be subdivided and developed to their planned or intended uses.
E. A portion of the Assessment District Improvements to be constructed by
Subdivider are described in detail in the Engineer’s Report, and are broadly described herein as
the College Blvd., Reach C, Core Improvements; College Blvd., Reach B Core Improvements;
the Cannon Road, Reach 3, Core Improvements, the Sewer Improvements, the Water
Improvements, the Dry Utility Core Improvements and the Dry Utility Frontage Improvements
(the “Benefiting Improvements”). The Benefiting Improvements contain supplemental size,
capacity and/or number of street improvements for the special benefit of certain real property
located in the City outside the Assessment District boundaries (“the Benefiting Parcel”). The
Benefiting Parcel is described in Exhibit “B” attached to this Agreement, and incorporated herein
by this reference, and is currently owned by Robertson Family Trust dated April 19, 1985,
Virginia K. Robertson, Trustee Under Declaration of Trust dated October 8, 1976 and Elsie M.
Final Version 6/2/04
Kelley Irrevocable Trust dated June 19, 1989. Without the Benefiting Improvements, the
Benefiting Parcel could not be developed to its planned or intended uses.
F. Subdivider agrees to build, and City agrees to reimburse Subdivider for a
portion of the Benefiting Parcel owner’s/developer’s fair share of the actual cost of the
Benefiting Improvements.
G. Subdivider and City acknowledge that Government Code Section 66485
allows the City to require a subdivider to construct improvements benefiting property outside the
subdivision; and Government Code Section 66486 requires the City to enter into a
reimbursement agreement for such improvements. Subdivider and City intend that this
Agreement satisfy the requirements of Government Code Section 66486.
AGREEMENT
NOW, THEREFORE, in consideration of the terms and agreements hereinafter
set forth, the parties agree as follows:
I.
this Agreement by this reference.
Recitals. The recitals above are true and correct and are incorporated in
2. Construction of the Assessment District Improvements. The
construction specifications, and the determination of the actual costs of the Benefiting
Improvements shall be governed by the terms and conditions of the Acquisition/Financing
Agreement between the Subdivider and City entered into on December 11, 2002
(“Acquisition/Financing Agreement”) together with any approved amendments, incorporated
herein by this reference, and the Engineer’s Report.
3. Reimbursement. The City shall condition its approvals for development
of the Benefiting Parcel to require that at the earlier of (i) approval of a final map, (ii) issuance of
a grading permit, excluding grading done for agricultural purposes, or (iii) commencement of
construction upon the Benefiting Parcel, excluding construction of structures designed to
support agricultural operations, City shall collect a fee from the owner(s) or developer(s) of the
Benefiting Parcel in an amount equal to the Benefiting Parcel’s fair share of the actual costs of
the Benefiting Improvements, subject to annual adjustment pursuant to Section 4 below
(“Reimbursement Amount”) plus a 2% City administrative charge. The Benefiting Parcel
owner’s/developer’s fair share amount of the Benefiting Improvements, as estimated in the
Engineer’s Report, was $522,713 as of July 31, 2003. The actual Reimbursement Amount for
the Benefiting Improvements, to be paid by the Benefiting Parcel owners/developers to the City,
shall be equal to the “Purchase Price” as determined in accordance with the
Acquisition/Financing Agreement and the share of such “Purchase Price” allocable to the
Benefiting Parcel as determined in accordance with the assessment spread methodology set
forth in the Engineer’s Report. The City shall remit the Reimbursement Amount to Subdivider
no later than 60 days following collection of the Reimbursement Amount from the Benefiting
Parcel owners/developers and the City shall retain the 2% City administrative charge.
4. Annual Adiustment. The Reimbursement Amount as determined
pursuant to this Agreement shall be used for any reimbursement made by the Benefiting Parcel
owners/developers to the City during the calendar year in which the Benefiting Improvements
are accepted by the City. Commencing on January 1 of the year following City acceptance of
the Benefiting Improvements and every January 1 thereafter, the Reimbursement Amount shall
be increased based on any increases in the Construction Cost Index (“CCI”) for the Los Angeles
Final Version 6/2/04 2
area, (1913=100) published by the Engineering News Record (ENR) using the monthly index
published immediately prior to each subsequent calendar year as a comparison index. In no
event shall the Reimbursement Amount as annually adjusted be less than that calculated for the
preceding year. The City and Subdivider agree and acknowledge that this method of indexing
the Reimbursement Amount is fair and equitable to the Subdivider and to the
owners/developers of the Benefiting Parcel, as it most nearly reflects the actual costs of
construction as may exist from time to time. In the event the CCI is discontinued, then the City
and Subdivider shall reasonably agree on a substitute index or method of indexing for delayed
future reimbursement payment.
5. Payment Oblination. The City shall use its best efforts to obtain payment
of the Reimbursement Amount from the owner/developer of the Benefiting Parcel, pursuant to
the terms of this agreement and to the maximum extent permitted by law. Payment to the
Subdivider of the Reimbursement Amount, less the administrative fee, shall be made solely
from funds paid to the City for this purpose by the owner/developer of the Benefiting Parcel.
Failure of the City to collect the Reimbursable Amount from the owner/developer of the
Benefiting Parcel, for any reason, does not obligate the City to reimburse the Subdivider from
any other City fund source or account.
6. Assignment of Contract. The Subdivider shall not assign this
Agreement or any part thereof or any monies due hereunder without the prior written consent of
the City.
7. Notices. 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
Subdivider shall be addressed as follows:
Notices to the Subdivider shall be delivered to the following:
Calavera Hills II c/o McMillin Companies
2727 Hoover Avenue
National City, CA 91950 Attention: Brian Milich Telephone No.: (61 9) 336-31 38 Facsimile No.: (619) 336-3596
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 address that
would require any notice delivered hereunder to be directed to another address.
Final Version 6/2/04 3
0. Counterparts. This Agreement may be executed in any number of
counterparts, each of which when so executed and delivered shall be deemed to be an original
and all of which counterparts taken together shall constitute one and the same instrument.
9. Governinn Law and Venue. This Agreement shall be interpreted and
enforced under the laws of the State of California, and venue shall reside in San Diego County,
California.
IO. Complete Anreement. This Agreement contains the entire agreement
between the parties with respect to the subject matter contained herein, and supersedes all
negotiations, discussions, and prior drafts with respect to this subject matter.
11. Amendment. This Agreement may be amended by a written instrument
executed by City and Subdivider and no such amendment shall be valid unless executed by
both the Subdivider and the City.
12. Term. This Agreement shall be effective as of the date first above
written, and shall terminate on the earlier of (i) the date the City remits the full Reimbursement
Amount to Subdivider as provided in this Agreement or (ii) January 31, 2015; or, the date that is
ten (1 0) years following the date of City acceptance of the Benefiting Improvements if such date
is later than January 31, 2015.
13. No Third Pam Beneficiaries. This Agreement shall not be deemed to
confer any rights upon any individual or entity which is not a party hereto, and the parties hereto
expressly disclaim any such third-party benefit.
Final Version 6/2/04 4
14. Severabilitv. The invalidity or unenforceability of any provisions of this
Agreement, as determined by a court of competent jurisdiction, shall in no way affect the validity
or enforceability of any other provision hereof.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed as of the date first above written.
“SUBDIVIDER”
CALAVERA HILLS 11, a California limited
liability company
By: McMillin Companies, LLC, a
Delaware limited liability company
Its:
By:
Print Name:
By:
Pint Name: BdA M
y‘p ‘drra+ke Wood, City Clerk
(SEAL)
APPROVED AS TO FORM: Allif! @4
RONALD R. BALL, City Attorney
Final Version 6/2/04 5
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
Date
personally appeared
Igl personally known to me
0 proved to me on the basis of satisfactory
evidence
to be 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 his/her/their
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. K ignature Notary Public
Though the information below is not required by law, it may prove valuable to persons re/ying 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:
Signer(s) Other Than Named Above:
Capacityties) Claimed by Signer
0 Corporate Officer - Title(s):
0 Partner - 0 Limited General
0 Attorney-in-Fact
Guardian or Conservator
Signer Is Representing:
0 1999 National Notary Associalon * 9350 De Solo Ane , P 0. Box 2402 - Chalsworlh. CA 91313-2402 www nalionalnolary.org Prod. No. 5907 Reorder Call Toll-Free 1-600-876-6827
EXHIBIT A
DESCRIPTION OF CALAVERA HILLS/ROBERTSON RANCH PROPERTY
Final Version 6/2/04 A- 1
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY
OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
PARCEL 1:
THAT PORTION OF LOT E OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER
16,1896, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF RECORD OF SURVEY 16661, BEING ALSO
THE SOUTHEAST CORNER OF CT 76-12 PER MAP 9935 FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY ON JULY 14, 2000 AND DECEMBER 16, 1980
RESPECTIVELY; THENCE, SOUTH 1’42’35” WEST 1619.75 FEET, SOUTH 63’42’38” EAST
313.13 FEET, SOUTH 73’19’52” EAST 230.87 FEET, SOUTH 4’56’41” EAST 517.19 FEET TO A
POINT ON A CURVE CONCAVE TO THE SOUTH AND HAVING A RADIUS OF 1451.00 FEET, A
RADIAL LINE TO SAID CURVE BEARS SOUTH 28’58’39” EAST; THENCE, NORTHEASTERLY
ALONG SAID CURVE 519.94 FEET THROUGH A CENTRAL ANGLE OF 20’31’52’’; THENCE,
TANGENT TO SAID CURVE NORTH 81’33’13” EAST 648.89 FEET TO A TANGENT CURVE
CONCAVE TO THE NORTH AND HAVING A RADIUS OF 1349.00 FEET; THENCE, EASTERLY
ALONG SAID CURVE 666.28 FEET THROUGH A CENTRAL ANGLE OF 28’17’56”; THENCE,
TANGENT TO SAID CURVE NORTH 53’15’17” EAST 461.71 FEET TO A TANGENT CURVE
CONCAVE TO THE NORTH AND HAVING A RADIUS OF 990.00 FEET; THENCE,
NORTHEASTERLY ALONG SAID CURVE 32.06 FEET THROUGH A CENTRAL ANGLE OF
1’51’19’’; THENCE, TANGENT TO SAID CURVE NORTH 51’23’58” EAST 60.28 FEET TO A
TANGENT CURVE CONCAVE TO THE SOUTH AND HAVING A RADIUS OF 1010.00 FEET;
THENCE, NORTHEASTERLY ALONG SAID CURVE 32.70 FEET THROUGH A CENTRAL
ANGLE OF 1’51’19’’; THENCE, TANGENT TO SAID CURVE NORTH 53’15’17” EAST 336.29
FEET TO A TANGENT CURVE CONCAVE TO THE WEST AND HAVING A RADIUS OF 25.00
FEET; THENCE, NORTHERLY ALONG SAID CURVE 39.80 FEET THROUGH A CENTRAL
ANGEL OF 91’12’49”; THENCE, TANGENT TO SAID CURVE NORTH 37’57’32” WEST 300.00
FEET TO A TANGENT CURVE CONCAVE TO THE EAST AND HAVING A RADIUS OF 210.00
FEET; THENCE, NORTHERLY ALONG SAID CURVE 20.92 FEET THROUGH A CENTRAL
ANGLE OF 5’42’26”; THENCE, TANGENT TO SAID CURVE NORTH 32’15’06’’ WEST 80.62
FEET TO A TANGENT CURVE CONCAVE TO THE WEST AND HAVING A RADIUS OF 190.00
FEET; THENCE, NORTHERLY ALONG SAID CURVE 18.93 FEET THROUGH A CENTRAL
ANGLE OF 5O42’26”; THENCE, TANGENT TO SAID CURVE NORTH 37’57’32” WEST 310.22
FEET TO A TANGENT CURVE CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF
1349.00 FEET; THENCE, NORTHWESTERLY ALONG SAID CURVE 288.52 FEET THROUGH A
CENTRAL ANGLE OF 12’15’16’’; THENCE, TANGENT TO SAID CURVE NORTH 50’12’48”
WEST 100.00 FEET TO A TANGENT CURVE CONCAVE TO THE NORTHEAST AND HAVING A
RADIUS OF 1451.00 FEET; THENCE, NORTHWESTERLY ALONG SAID CURVE 480.31 FEET
THROUGH A CENTRAL ANGLE OF 18’57’58” TO A POINT IN THE SOUTH LINE OF SAID
RECORD OF SURVEY 16661, A RADIAL LINE TO SAID CURVE BEARS SOUTH 58’45’10”
WEST; THENCE, NORTH 89’25’37” WEST ALONG THE SOUTH LINE OF SAID RECORD OF
SURVEY 16661 1950.97 FEET TO THE POINT OF BEGINNING.
SAID LAND BEING DESCRIBED AS PARCEL 1 ON CERTIFICATE OF COMPLIANCE
PAGE 1
RECORDED NOVEMBER 28,2001 AS FILE NO. 2001-0865064 OF OFFICIAL RECORDS.
PARCEL 2:
THAT PORTION OF LOTS D AND E OF RANCHO AGUA HEDIONDA, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, NOVEMBER 16,1896, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF RECORD OF SURVEY 16661, BEING ALSO
COUNTY RECORDER OF SAID COUNTY ON JULY 14, 2000 AND DECEMBER 16, 1980
RESPECTIVELY; THENCE, ALONG THE SOUTHERLY LINE OF SAID RECORD OF SURVEY
SOUTH 89’25’37’’ EAST 1950.97 FEET TO THE TRUE POINT OF BEGINNING; THENCE,
CONTINUING ALONG THE SOUTHERLY AND EASTERLY LINE OF SAID RECORD OF
SURVEY SOUTH 89’25’37” EAST 129.11 FEET, NORTH 13’44’27” EAST 781.66 FEET, NORTH
21’34’15” EAST 189.90 FEET, NORTH 14’47’00’’ EAST 160.15 FEET, NORTH 11’34’22” EAST
65.17 FEET, NORTH 7’12’14” EAST 135.30 FEET, NORTH 14’45’08” EAST 57.12 FEET, NORTH
20’50’34” EAST 126.05 FEET, NORTH 9’43’14” EAST 112.86 FEET, NORTH 1’15’18” EAST 150.28
FEET, SOUTH 89’37’14” EAST 355.61 FEET TO A POINT ON RECORD OF SURVEY 14818 FILED IN THE OFFICE OF THE COUNTY RECORDER ON MARCH 16,1995; THENCE, LEAVING SAID
RECORD OF SURVEY 16661 AND CONTINUING SOUTHERLY ALONG THE WEST LINE OF
RECORD OF SURVEY 14818, SOUTH 1’15’25” EAST 304.47 FEET (SOUTH 1’11’30” EAST
305.18’ R), SOUTH 18’25’38” EAST, 694.08 FEET (SOUTH 18’19’26” EAST 694.27’ R), THENCE,
LEAVING SAID RECORD OF SURVEY 14818 AND CONTINUING SOUTHERLY ALONG THE
WEST LINE OF THAT 363.14 ACRES PARCEL AS SHOWN ON RECORD OF SURVEY 6616
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON NOVEMBER 4,
1965; THENCE, SOUTH 1’05’41” WEST 1271.23 FEET (SOUTH lol2’O2” WEST 1271.40’ R),
SOUTH 4’13’22” WEST 963.76 FEET (SOUTH 4’20’50” WEST 963.88’ R), SOUTH 51’39’15”WEST
1165.94 FEET 1165.94 FEET (SOUTH 51’47’48” WEST 1165.49’ R), SOUTH 48’19’13’’ WEST
404.31 FEET (SOUTH 48’19’29” WEST 404.15’ R), SOUTH 65’09’20” WEST 386.97 FEET (SOUTH
65’14’32” WEST 387.06’ R), NORTH 77’55’34” WEST 635.12 FEET (NORTH 77’48’20’’ WEST
635.06’ R), SOUTH 65’35’13” WEST 494.30 FEET (SOUTH 65’42’27” WEST 494.30’ R), SOUTH
39’37’39” WEST 339.77 FEET (SOUTH 39’44’53” WEST 339.77’ R), SOUTH 30’38’52” WEST
266.73 FEET (SOUTH 30’46’06” WEST 331.55’ TO THE CENTERLINE OF RS 682 R) TO A POINT
IN A LINE THAT IS PARALLEL TO AND 63.00 FEET NORTHERLY OF THE CENTERLINE OF
OFFICIAL PLAT THEREOF ON FILE IN THE OFFICE OF THE COUNTY ENGINEER OF SAN
WEST 13.53 FEET; THENCE, SOUTH 23’17’50” WEST 18.00 FEET ALONG THE RADIAL LINE
OF A CURVE CONCAVE TO THE NORTH AND HAVING A RADIUS OF 6,855.31 FEET, SAID
POINT BEING ALSO ON THE NORTH LINE OF THAT 90 FOOT WIDE STRIP OF LAND SHOWN
CURVE THROUGH A CENTRAL ANGLE OF 2’10’51” 260.94 FEET; THENCE, LEAVING SAID
NORTH LINE, NORTH 32’44’07’’ EAST 16.78 FEET, SOUTH 82’48’22” EAST 72.17 FEET, NORTH
23’31’32” EAST 109.80 FEET, NORTH 25’38’31” EAST 100.08 FEET, NORTH 29’07’38” EAST
77.37 FEET, NORTH 31’48’12” EAST 60.19 FEET, NORTH 42’27’17’’ EAST 23.56 FEET, NORTH
37’46’23’’ EAST 139.56 FEET, NORTH 24’02’16” EAST 40.09 FEET, NORTH 46’32’58’’ EAST
281.65 FEET, NORTH 53’49’59” EAST 241.03 FEET, NORTH 67’15’16” EAST 15.60 FEET, SOUTH
4’56’41” EAST 44.65 FEET TO A POINT ON A CURVE CONCAVE TO THE SOUTH AND
HAVING A RADIUS OF 1451.00 FEET, A RADIAL LINE TO SAID CURVE BEARS SOUTH
28’58’39” EAST; THENCE, NORTHEASTERLY ALONG SAID CURVE 519.94 FEET THROUGH A
CENTRAL ANGLE OF 20’31’52’’; THENCE, TANGENT TO SAID CURVE NORTH 81’33’13”
EAST 648.89 FEET TO A TANGENT CURVE CONCAVE TO THE NORTH AND HAVING A
RADIUS OF 1349.00 FEET; THENCE, EASTERLY ALONG SAID CURVE 666.28 FEET THROUGH
PAGE 2
THE SOUTHEAST CORNER OF CT 76-12 PER MAP 9935 FILED IN THE OFFICE OF THE
COUNTY ROAD SURVEY NO. 1800-1 (KNOWN AS EL CAMINO REAL) ACCORDING TO
DIEGO COUNTY; THENCE, WESTERLY ALONG SAID NORTHERLY LINE, NORTH 66042’1077
ON ROAD SURVEY NO. 1800-1; THENCE, WESTERLY ALONG SAID NORTH LINE, AND
-.
A CENTRAL ANGLE OF 28’17’56”; THENCE, TANGENT TO SAID CURVE NORTH 53’15’17”
EAST 461.71 FEET TO A TANGENT CURVE CONCAVE TO THE NORTH AND HAVING A
RADIUS OF 990.00 FEET; THENCE, NORTHEASTERLY ALONG SAID CURVE 32.06 FEET
THROUGH A CENTRAL ANGLE OF 1’51’19”; THENCE, TANGENT TO SAID CURVE NORTH
51’23’58” EAST 60.28 FEET TO A TANGENT CURVE CONCAVE TO THE SOUTH AND HAVING
A RADIUS OF 1010.00 FEET; THENCE, NORTHEASTERLY ALONG SAID CURVE 32.70 FEET
THROUGH A CENTRAL ANGLE OF 1’51’19”; THENCE, TANGENT TO SAID CURVE NORTH
53’ 15’ 17” EAST 336.29 FEET TO A TANGENT CURVE CONCAVE TO THE WEST AND HAVING
A RADIUS OF 25.00 FEET; THENCE, NORTHERLY ALONG SAID CURVE 39.80 FEET
THROUGH A CENTRAL ANGLE OF 91’12’49’’; THENCE, TANGENT TO SAID CURVE NORTH
37’57’32’’ WEST 300.00 FEET TO A TANGENT CURVE CONCAVE TO THE EAST AND HAVING
A RADIUS OF 210.00 FEET; THENCE, NORTHERLY ALONG SAID CURVE 20.92 FEET
THROUGH A CENTRAL ANGLE OF 5’42’26”; THENCE, TANGENT TO SAID CURVE NORTH
32”15’06” WEST 80.62 FEET TO A TANGENT CURVE CONCAVE TO THE WEST AND HAVING
A RADIUS OF 190.00 FEET; THENCE, NORTHERLY ALONG SAID CURVE 18.93 FEET
THROUGH A CENTRAL ANGLE OF 5’42’26”; THENCE, TANGENT TO SAID CURVE NORTH
37’57’32” WEST 310.22 FEET TO A TANGENT CURVE CONCAVE TO THE SOUTHWEST AND
HAVING A RADIUS OF 1349.00 FEET; THENCE, NORTHWESTERLY ALONG SAID CURVE
288.52 FEET THROUGH A CENTRAL ANGLE OF 12’15’16”; THENCE, TANGENT TO SAID
CURVE NORTH 50’12’48” WEST 100.00 FEET TO A TANGENT CURVE CONCAVE TO THE
NORTHEAST AND HAVING A RADIUS OF 145 1.00 FEET; THENCE NORTHWESTERLY ALONG
SAID CURVE 480.31 FEET THROUGH A CENTRAL ANGLE OF 18’57’58” TO A POINT IN THE
SOUTH LINE OF SAID RECORD OF SURVEY 16661, SAID POINT BEING THE TRUE POINT OF
BEGINNING, A RADIAL LINE TO SAID CURVE AT THE TRUE POINT OF BEGINNING BEARS
SOUTH 58’45’10” WEST.
SAID LAND BEING DESCRIBED AS PARCEL 3 ON CERTIFICATE OF COMPLIANCE
RECORDED NOVEMBER 28,2001 AS FILE NO. 2001-0865066 OF OFFICIAL RECORDS.
FEBRUARY 05,2002 11 :02 AM MC
PAGE 3
EXHIBIT B
DESCRIPTION OF PARCELS OUTSIDE THE ASSESSMENT DISTRICT
[Attach description of portion of Robertson Ranch West Property that takes access from Cannon Road.]
Final Version 6/2/04 B-1
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY
OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
ALL THAT PORTION OF LOTS “E” AND “I” OF RANCHO AGUA HEDIONDA, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARTITION
MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN
DIEGO COUNTY, NOVEMBER 16,1896, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF RECORD OF SURVEY 16661, BEING ALSO
COUNTY RECORDER OF SAID COUNTY ON JULY 14, 2000 AND DECEMBER 16, 1980
RESPECTIVELY; THENCE, SOUTH 1’42’35” WEST 1619.75 FEET, SOUTH 63’42’38” EAST
313.13, SOUTH 73’19’52” EAST 230.87 FEET, SOUTH 4’56’41’’ EAST 472.54 FEET, SOUTH
67’15’16” WEST 15.60 FEET, SOUTH 53’49’59” WEST 241.03, SOUTH 46’32’58’’ WEST 281.65
FEET, SOUTH 24’02’16’’ WEST 40.09 FEET, SOUTH 37’46’23” WEST 139.56 FEET, SOUTH
42’27’17’’ WEST 23.56 FEET, SOUTH 31’48’12” WEST 60.19 FEET, SOUTH 29’07’38” WEST 77.37
FEET, SOUTH 25’38’31” WEST 100.08 FEET, SOUTH 23’31’32’’ WEST 109.80 FEET, NORTH
82’48’22” WEST 72.17 FEET, SOUTH 32’44’07” WEST 16.78 FEET TO A POINT IN THE NORTH
WESTERLY ALONG THE NORTH LINE OF SAID 90 FOOT STRIP; BEING A CURVE CONCAVE
NORTHERLY AND HAVING A RADIUS OF 6855.31 FEET A DISTANCE OF 476.75 FEET;
THROUGH A CENTRAL ANGLE OF 3’59’05” THENCE, TANGENT TO SAID CURVE, NORTH
60’32’15” WEST 449.43 FEET (NORTH 60’25’46” WEST 449.30’ R) TO THE BEGJNNING OF A
TANGENT CURVE, CONCAVE TO THE SOUTH AND HAVING A RADIUS OF 2045.09 FEET,
THROUGH A CENTRAL ANGLE OF 31’40’36”, THENCE WESTERLY ALONG SAID CURVE
1,130.65 FEET; THENCE, TANGENT TO SAID CURVE, NORTH 87’47’10” EAST 761.88 FEET TO
A TANGENT CURVE, CONCAVE TO THE NORTH AND HAVING A RADIUS OF 1555.07 FEET;
THROUGH A CENTRAL ANGLE OF 43’01’37”, THENCE, WESTERLY ALONG SAID CURVE
1 167.80 FEET; THENCE, TANGENT TO SAID CURVE NORTH 49’1 1 ’ 14” WEST 5 11.3 1 FEET TO
A TANGENT CURVE CONCAVE TO THE SOUTH AND HAVING A RADIUS OF 2045.09 FEET,
THROUGH A CENTRAL ANGLE OF 5’23’02”, THENCE WESTERLY ALONG SAID CURVE
192.17 FEET TO A POINT, SAID POINT BEING THE INTERSECTION OF THE NORTH LINE OF
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON FEBRUARY 4, 1982;
THENCE, NORTHERLY AND EASTERLY ALONG THE EAST LINE OF SAID RECORD OF
SURVEY NO. 8927; NORTH 35’25’44’’ EAST 55.00 FEET (NORTH 35’27’02” EAST 55.00’
RADIUS) NORTH 44’53’07” WEST 132.79 FEET (NORTH 44’51’49’’ WEST 132.79’ RADIUS)
NORTH 31’52’21” EAST 69.52 FEET (NORTH 31’53’39” EAST 69.52’ RADIUS) NORTH 36’53’17’’
EAST 92.46 FEET (NORTH 36’54’35” EAST 92.46’ RADIUS) NORTH 42’37’04 EAST 92.46 FEET
(NORTH 42’38’22” EAST 92.46’ RADIUS) NORTH 48’26’33” EAST 92.75 FEET (NORTH
48’22’09” EAST 92.46’ RADIUS) NORTH 63’26’12’’ EAST 92.35 FEET (NORTH 63’22’33” EAST
92.93’ RADIUS) NORTH 47’38’5 1” EAST 94.49 FEET (NORTH 47’34’26” EAST 94.11 ’ RADIUS)
NORTH 78’03’31’’ EAST 93.72 FEET (NORTH 77’48’51” EAST 94.10’ RADIUS) NORTH 77’30’47”
EAST 91.01 FEET (NORTH 77’35’14” EAST 91.01’ RADIUS) NORTH 76’56’34’’ EAST 89.97 FEET
(NORTH 77’01’01’’ EAST 89.97’ RADIUS) NORTH 64’32’02’’ EAST 96.25 FEET (NORTH
PAGE 1
THE SOUTHEAST CORNER OF CT 76-12 PER MAP 9935 FILED IN THE OFFICE OF THE
LINE OF THAT 90 FOOT STRIP OF LAND SHOWN ON ROAD SURVEY NO. 1800-1; THENCE
SAID ROAD SURVEY 1800-1 AND THE EAST LINE OF RECORD OF SURVEY 8927 FILED IN
64’36’30” EAST 96.25’ RADIUS) NORTH 84’58’35” EAST 96.38 FEET (NORTH 85’03’02” EAST
96.03’ RADIUS) NORTH 89’31’55” EAST 100.00 FEET (NORTH 89’01’00’’ EAST 100.00’
RADIUS) NORTH 88’50’52” EAST 100.13 FEET (NORTH 89’00’56” EAST 100.13’ RADIUS)
NORTH 85’52’25’’ EAST 106.46 (NORTH 86’02’29” EAST 106.46’ RADIUS) SOUTH 86’48’16”
EAST 110.56 (NORTH 86’38’12” WEST 110.56’ RADIUS) NORTH 61’21’44” EAST 110.57 (NORTH
61’31’48” EAST 110.56’ RADIUS) NORTH 66’10’33” EAST 106.20 (NORTH 66’09’36” EAST
106.32’ RADIUS) NORTH 60’33’09” EAST 105.87 (NORTH 60’25’04’’ EAST 105.83’ RADIUS)
NORTH 54’35’52” EAST 104.85 FEET (NORTH 54’44’11” EAST 104.55’ RADIUS) NORTH
55’32’10” EAST 99.66 FEET (NORTH 55’24’00” EAST 100.00’ RADIUS) NORTH 58’20’10” EAST
100.12 (58’15’45” EAST 100.12’ RADIUS) NORTH 58’14’41” EAST 100.18 (NORTH 58’15’45”
EAST 100.13’ RADIUS) NORTH 55’22’41” EAST 99.96 FEET (NORTH 55’24’00’’ EAST 100.00’
RADIUS) NORTH 52’29’55” EAST 100.20 FEET (NORTH 52’32’15” EAST 100.13’ RADIUS)
NORTH 51’34’19” EAST 103.75 (NORTH 51’19’35’’ EAST 103.56’ RADIUS) NORTH 48’25’31”
EAST 104.73 (NORTH 48’41’45” EAST 104.95’ RADIUS) NORTH 42’59’01” EAST 104.95 FEET
(NORTH 42’57’58” EAST 104.96’ RADIUS) NORTH 41’35’15” EAST 101.54 (NORTH 41’31’05”
EAST 101.58’ RADIUS) NORTH 41’19’05” EAST 100.09 FEET (NORTH 41’18’45” EAST 100.13’
RADIUS) NORTH 38’24’41’’ EAST 99.98 (NORTH 38’27’00” EAST 100.00’ RADIUS) NORTH
37’43’45’’ EAST 106.34 (NORTH 37’30’57” EAST 106.26’ RADIUS) TO THE WESTERLY
PROLONGATION OF THE SOUTHERLY LINE OF CT 76-12 PER MAP 9935; THENCE, SOUTH
89’25’10” EAST RADIUS) 2088.48 FEET TO THE POINT OF BEGINNING.
SAID PROPERTY BEING DESCRIBED AS PARCEL 2 IN A CERTIFICATE OF COMPLIANCE
SAID SAN DIEGO COUNTY.
RECORDED ON NOVEMBER 28, 2001 AS FILE NO. 2001-0865065 OF OFFICIAL RECORDS OF
FEBRUARY 25,2002 2:Ol PM RL
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