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HomeMy WebLinkAboutSDP 00-17; Carlsbad Apts LP; 2003-1217912; EasementOCT 02, 2003 4:01 PM SW DIEGO COUNTY RECORDER'S OFFICE RECORDING REQUESTED BY AND 1 1 OFFICIAL RECORDS WHEN RECORDED MAIL TO: 1 City of Carlsbad 1635 Faraday Avenue FEES: 0.00 Carlsbsld, CA 92008 1 E: M GREW J. $IIM, MY lZECORDER 1 ;LAP CONSERVATION EASEMENT THIS CONSERVATION EASEMENT is made this d 7 day of fiU9Ust Y 2003, by CARLSBAD APTS. L.P., A NEVADA LIMITED PARTNERSHIP ("Grantor"), in favor of THE CITY OF CARLSBAD, California ("Grantee"). Pi. / r_pv RECITALS A. Grantor is the sole owner in fee simple of certain portions of real property in the County of San Diego, State of California, as described in Exhibit "A" attached hereto and incorporated herein by this reference (the "Property") B. Grantee has indicated that the Property possesses wildlife and habitat values (collectively, "conservation values") of great importance to Grantee; I C. Grantee has indicated that the Property provides a high quality linkage to habitat corridors identified in the City of Carlsbad's Habitat Management Plan; D. Grantee has adopted a Habitat Management Plan, for the conservation, protection, and management of fish, wildlife, native plants and the habitat necessary for biologically sustainable populations of certain species thereof, and is authorized to hold easements for these purposes pursuant to the provisions of California law. E. Grantor voluntarily grants this Conservation Easement as a way of providing mitigation for certain impacts of the Summit Apartment Project located in the City of Carlsbad, County of San Diego, State of California, pursuant to the Mitigated Negative Declaration adopted by the City of Carlsbad for the Summit Apartment Project, SCH No.2002021140 dated February 28, 2002, and the Mitigation Plan created thereunder. C:U)ocuments and SettingsWRehderkal Settings\Temporary Internet Files\OLK99\conservation easement4 ekc 8-20-03 1 .DOC -1- 24838 COVENANTS, TERMS. CONDITIONS AND RESTRICTIONS For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and pursuant to California law, including Civil Code Section 815, et seq., Grantor hereby voluntarily grants and conveys to Grantee a conservation easement in perpetuity over the Property. J 1. Purpose. Grantor and Grantee acknowledge and agree that the purpose of this Conservation Easement is to ensure the Property will be retained forever in a natural condition and to prevent, subject to the rights retained by Grantor hereunder, any use of the Property that will materially impair or interfere with the conservation values of the Property. Grantor intends that this Conservation Easement will confine the use of the Property to activities consistent with such purpose, including, without limitation, those involving the preservation and enhancement of native species and their habitat in a manner consistent with the habitat conservation purposes of this Conservation Easement. 2. Grantee’s Riphts. To accomplish the purposes of this Conservation Easement, Grantor hereby grants and conveys the following rights to Grantee: (a) To take such action as it deems necessary to preserve and protect the conservation values of the Property; (b) To enter upon the Property at reasonable times: (a) in order to monitor the condition of the Property and to enforce the terms of this Conservation Easement, (b) to conduct scientific research and for interpretive purposes (which entry may be made by Grantee or its designees), provided, however, that Grantee’s exercise of such rights shall not unreasonably interfere with the Grantor’s exercise of the rights retained by Grantor hereunder; (c) To take such action as it deems necessary to prevent any activity on or use of the Property that is inconsistent with the purposes of this Conservation Easement and to require the restoration of such areas or features of the Property that may be damaged by any act, failure to act, or any use that is inconsistent with the purposes of this Conservation Easement; (d) All mineral, air and water rights necessary to protect and to sustain the biological resources of the Property; and (e) All present and future development rights. C:\Documents and SettingsWRehderVacal Settings\Temporav Internet Files\OK99\consewation easement4 ekc 8-20-03.DOc -2- 24839 3. Prohibited Uses. Subject to the rights expressly retained by Grantor hereunder, any activity on or use of the Property inconsistent with the purposes of this Conservation Easement is prohibited. Without limiting the generality of the foregoing, but subject to Grantor’s rights hereunder, the following are expressly prohibited: (a) Unseasonal watering; use of fertilizers, pesticides, biocides, herbicides or other agricultural chemicals; weed abatement activities; incompatible fire protection activities; and any and all other activities and uses which may adversely affect the purposes of this Conservation Easement; (b) existing roadways; Use of off-road vehicles and use of any other motorized vehicles except on (c) Grazing or other agricultural activity of any kind; (d) Recreational activities including, but not limited to, horseback riding, biking, hunting or fishing, except as may be specifically permitted under this Conservation Easement; (e) Commercial or industrial uses; (f) Any legal or de facto division, subdivision or partitioning of the Property; (g) Construction, reconstruction or placement of any building, billboard or sign, or any other structure or improvement of any kind; (h) Depositing or accumulation of soil, trash, ashes, refuse, waste, bio-solids or any other materials; (i) Planting, introduction or dispersal of non-native or exotic plant or animal species; (i) Filling, dumping, excavating, draining, dredging, mining, drilling, removing or exploring for or extraction of minerals, loam, soil, sands, gravel, rocks or other material on or below the surface of the Property; (k) building of roads; Altering the surface or general topography of the Property, including (1) Removing, destroying, or cutting of trees, shrubs or other vegetation, except as required by law for (1) fire breaks, (2) maintenance of existing foot trails or roads, or (3) prevention or treatment of disease; and C:\Documents and SettingsWRehdeALocal Settings\Temporary Internet Files\OLK99\conservation easement4 ekc 8-20-03.DOC -3- 24840 (m) Manipulating, impounding or altering any natural water course, body of water or water circulation on the Property, and activities or uses detrimental to water quality, including but not limited to degradation or pollution of any surface or sub-surface waters. 4. Grantor’s Duties. Grantor shall undertake all reasonable actions to prevent the unlawhl entry and trespass by persons whose activities may degrade or harm the conservation values of the Property. In addition, Grantor shall undertake all necessary actions to perfect Grantee’s rights under Section 2(d) of this Conservation Easement, including but not limited to, Grantee’s water rights. Reserved Rights. Grantor reserves to itself, its successors, and assigns, all rights accruing from its ownership of the Property, including the right to engage in or to permit or invite others to engage in all uses of the Property, but only to the extent that such uses are consistent with the purposes of this Conservation Easement. Grantor further reserves to itself, its successors and assigns, the right: (a) to enter upon the Property to maintain (i) any fencing surrounding the Property and any and all utility connections to the [name of apartments and address] (the “Apartments”), including without limitation water, electric, telephone and gas utilities; (ii) any drainage facilities benefiting the Apartments; and (b) for all such utility connections and drainage facilities to exist on the Property; provided, however, that promptly after any entry by Grantor onto the Property, Grantor shall repair any damage to the Property caused by such entry. The above rights and obligations are intended to be appurtenant to the Summit at Carlsbad Apartments, will run with the land and be exercisable by or binding upon (as the case may be) Grantor’s successor in interest in such apartment project and related real property. 6. Grantee’s Remedies. If Grantee determines that Grantor is in violation of any obligation it may have hereunder, or that such violation is threatened, Grantee shall give written notice to Grantor of such violation and demand in writing the cure of such violation. If Grantor fails to cure the violation within fifteen (15) days after receipt of written notice and demand from Grantee, or if the cure reasonably requires more than fifteen (1 5) days to complete and Grantor fails to begin the cure within the fifteen (1 5)-day period or fails to continue diligently to complete the cure, Grantee may bring an action at law or in equity in a court of competent jurisdiction to enforce compliance by Grantor with its obligations hereunder, to recover any damages to which Grantee may be entitled for violation by Grantor of its obligations hereunder or for any injury to the conservation values of the Property, to enjoin the violation, exparte as necessary, by temporary or permanent injunction without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies, or for other equitable relief, including, but not limited to, the restoration of the Property to the condition in which it existed prior to any such violation or injury. Without limiting Grantor’s liability therefor, Grantee may apply any damages recovered to the cost of undertaking any corrective action on the Property. If Grantee, in its sole discretion, determines that circumstances require immediate action to prevent or mitigate damage to the conservation values of the Property, Grantee may pursue its remedies under this Section 6 without waiting for the period provided for cure to C:v)ocuments and SettingsWRehder\Local SettingATemporary Internet Files\OLK99\conservation easement4 ekc 8-20-03.DOC -4- 24841 expire. Grantee's rights under this section apply equally to actual or threatened violations of the terms of this Conservation Easement. Grantor agrees that Grantee's remedies at law for any violation of the terms of this conservation Easement are inadequate and that Grantee shall be entitled to the injunctive relief described in this section, both prohibitive and mandatory, in addition to such other relief to which Grantee may be entitled, including specific performance of the terms of this Conservation Easement, without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies. Grantee's remedies described in this section shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity, including but not limited to, the remedies set forth in Civil Code Section 8 15, et seq., inclusive. The failure of Grantee to discover a violation or to take immediate legal action shall not bar Grantee from taking such action at a later time. If at any time in the future Grantor uses or threatens to use the Property for purposes inconsistent with this Conservation Easement then, notwithstanding Civil Code Section 81 5.7, the California Attorney General or any entity or individual with a justifiable interest in the preservation of this Conservation Easement has standing as interested parties in any proceeding affecting this Conservation Easement. 6.1. Costs of Enforcement. Any costs incurred by Grantee, where Grantee is the prevailing party, in enforcing the terms of this Conservation Easement against Grantor, including, but not limited to, costs of suit and attorneys' and experts' fees, and any costs of restoration necessitated by Grantor's negligence or breach of this Conservation Easement shall be borne by Grantor. 6.2. Grantee's Discretion. Enforcement of the terms of this Conservation Easement by Grantee shall be at the discretion of Grantee, and any forbearance by Grantee to exercise its rights under this Conservation Easement in the event of any breach of any term of this Conservation Easement by Grantor shall not be deemed or construed to be a waiver by Grantee of such term or of any subsequent breach of the same or any other term of this Conservation Easement or of any of Grantee's rights under this Conservation Easement. No delay or omission by Grantee in the exercise of any right or remedy upon any breach by Grantor shall impair such right or remedy or be construed as a waiver. 6.3. Acts Beyond Grantor's Control. Nothing contained in this Conservation Easement shall be construed to entitle Grantee to bring any action against Grantor for any injury to or change in the Property resulting from (i) any natural cause beyond Grantor's control, including, without limitation, fire not caused by Grantor, flood, storm, and earth movement, or any prudent action taken by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to the Property resulting from such causes; (ii) acts by Grantee or its employees; (iii) acts by any third party unless such injury or change results in part fiom the negligence of Grantor. 6.4. Right of Enforcement. Grantee's enforcement rights set forth above are in addition to, and do not limit, the rights of enforcement that may otherwise exist. C:\Documents and SettingsWRehderVocal Settings\Temporary Internet Files\OLK99\conservation easement4 ekc 8-20-03.DOC -5- 24842 7. Fence Installation and Maintenance. Within a reasonable period of time after the date hereof, Grantor shall install and maintain a fence as shown on the City of Carlsbad approved site development plan and landscape plans to protect the conservation values of the Property, including but not limited to wildlife corridors. 8. Access. This Conservation Easement does not convey a general right of access over the Property to the public. 9. Costs and Liabilities. Grantor retains all responsibilities and shall bear all costs and liabilities of any kind related to the ownership, operation, upkeep, and maintenance of the Property. Grantor agrees that Grantee shall have no duty or responsibility for the operation or maintenance of the Property, the monitoring of hazardous conditions thereon, or the protection of Grantor, the public or any third parties from risks relating to conditions on the Property. Grantor remains solely responsible for obtaining any applicable governmental permits and approvals for any activity or use permitted by this Conservation Easement Deed, and any activity or use shall be undertaken in accordance with all applicable federal, state, local and administrative agency statutes, ordinances, rules, regulations, orders and requirements. 9.1. Taxes; No Liens. Grantor shall pay before delinquency all taxes, assessments, fees, and charges of whatever description levied on or assessed against the Property by competent authority (collectively “taxes”), including any taxes imposed upon, or incurred as a result of, this Conservation Easement, and shall furnish Grantee with satisfactory evidence of payment upon request. Grantor shall keep Grantee’s interest in the Property free from any liens, including those arising out of any obligations incurred by Grantor or any labor or materials furnished or alleged to have been furnished to or for Grantor at or for use on the Property. 9.2. Hold Harmless. Grantor shall hold harmless, protect and indemnifl Grantee and its directors, officers, employees, agents, contractors, and representatives and the heirs, personal representatives, successors and assigns of each of them (each an “Indemnified Party“ and, collectively, “Indemnified Parties”) from and against any and all liabilities, penalties, costs, losses, damages, expenses (including, without limitation, reasonable attorneys’ fees and experts’ fees), causes of action, claims, demands, orders, liens or judgments (each a “Claim” and, collectively, “Claims”), arising from or in any way connected with: (1) injury to or the death of any person, or physical damage to any property, resulting from any act, omission, condition, or other matter related to or occurring on or about the Property, regardless of cause, unless due solely to the negligence of Grantee or any of its employees; (2) the obligations specified in Sections 4, 9, and 9.1 ; and (3) the existence or administration of this Conservation Easement. If any action or proceeding is brought against any of the Indemnified Parties by reason of any such Claim, Grantor shall, at the election of and upon written notice from Grantee, defend such action or proceeding by counsel reasonably acceptable to the Indemnified Party or reimburse Grantee for all charges incurred for services of the Attorney General in defending the action or proceeding. C:U)ocuments and SettingsWRehderbd Settings\Tempomy Internet Files\OLK99\conservation easement4 ekc 8-2003.DOc -6- 24843 9.3. Condemnation. The purposes of the Conservation Easement are presumed to be the best and most necessary public use as defined at Code of Civil Procedure Section 1240.680 notwithstanding Code of Civil Procedure Sections 1240.690 and 1240.700. 10. Assignment. This Conservation Easement is transferable by Grantee, but Grantee may assign its rights and obligations under this Conservation Easement only to an entity or organization authorized to acquire and hold conservation easements pursuant to Civil Code Section 8 15.3. Grantee shall require the assignee to record the assignment in the county where the Property is located. 1 1. Subsequent Transfers Grantor hereby informs Grantee that Grantor intends to convey the Property to the Environmental Trust and that the Environmental Trust will assume Grantor’s duties hereunder. Grantor agrees to incorporate the terms of this Conservation Easement in any deed or other legal instrument by which Grantor divests itself of any interest in all or any portion of the Property, including, without limitation, a leasehold interest. Other than a transfer to the Environmental Trust, Grantor further agrees to give written notice to Grantee of the intent to transfer any interest at least sixty (60) days prior to the date of such transfer. Grantee shall have the right to prevent subsequent transfers in which prospective subsequent claimants or transferees are not given notice of the covenants, terms, conditions and restrictions of this Conservation Easement or do not qualifL to hold the easement pursuant to Civil Code section 815.3. The failure of Grantor or Grantee to perform any act provided in this section shall not impair the validity of this Conservation Easement or limit its enforceability in any way. 12. Notices. Any notice, demand, request, consent, approval, or communication that either party desires or is required to give to the other shall be in writing and be served personally or sent by recognized overnight courier that guarantees next-day delivery or by first class mail, postage fully prepaid, addressed as follows: To Grantor: Carlsbad Apts. L.P., a Nevada Limited Partnership 3993 Howard Hughes Parkway, Suite 450 Las Vegas, NV 89109 Attn: Mark H. Cassidy To Grantee: City of Carlsbad 163 5 Faraday Avenue Carlsbad, CA 92008 or to such other address as either party shall designate by written notice to the other. Notice shall be deemed effective upon delivery in the case of personal delivery or delivery by overnight courier or, in the case of delivery by first class mail, five (5) days after deposit into the United States mail. C:Wuments and Settings\NRehder\Local Settings\Tempomy Internet Files\OLK99\conservation easement4 ekc 8-20-03.m -7- 24844 13. Amendment. This Conservation Easement may be amended by Grantor and Grantee only by mutual written agreement. Any such amendment shall be consistent with the purposes of this Conservation Easement and shall not affect its perpetual duration. Any such amendment shall be recorded in the official records of San Diego County, State of California. 14. General Provisions. (a) Controlling Law. The interpretation and performance of this Conservation Easement shall be governed by the laws of the State of California, disregarding the conflicts of law principles of such state and the venue for any action to enforce this easement shall be in a court of competent jurisdiction in San Diego County, California. (b) Liberal Construction. Any general rule of construction to the contrary notwithstanding, this Conservation Easement shall be liberally construed to effect the purposes of this Conservation Easement and the policy and purpose of Civil Code Section 8 15, et seq. If any provision in this instrument is found to be ambiguous, an interpretation consistent with the purposes of this Conservation Easement that would render the provision valid shall be favored over any interpretation that would render it invalid. (c) Severability. If a court of competent jurisdiction voids or invalidates on its face any provision of this Conservation Easement Deed, such action shall not affect the remainder of this Conservation Easement Deed. If a court of competent jurisdiction voids or invalidates the application of any provision of this Conservation Easement Deed to a person or circumstance, such action shall not affect the application of the provision to other persons or circumstances. (d) Entire Ameement. This instrument sets forth the entire agreement of the parties with respect to the Conservation Easement and supersedes all prior discussions, negotiations, understandings, or agreements relating to the Conservation Easement. No alteration or variation of this instrument shall be valid or binding unless contained in an amendment in accordance with Section 13. (e) No Forfeiture. Nothing contained herein will result in a forfeiture or reversion of Grantor's title in any respect. (f) Successors. The covenants, terms, conditions, and restrictions of this Conservation Easement Deed shall be binding upon, and inure to the benefit of, the parties hereto and their respective successors, and assigns and shall constitute a servitude running in perpetuity with the Property. C:\Documents and Settings\NRehder\Local Settings\Temporaxy Internet Files\OLK99\conservation easement4 ekc 8-20-03.DOC -8- (8) Termination of Rifits and Obligations. A party's rights and obligations under this Conservation Easement terminate upon transfer of the party's interest in the Conservation Easement or Property, except that liability for acts or omissions occurring prior to transfer shall survive transfer. (h) Captions. The captions in this instrument have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon its construction or interpretation. (i) No Hazardous Materials Liability. Grantor represents and warrants that it has no knowledge of any release or threatened release of Hazardous Materials (defined below) in, on, under, about or affecting the Property. Without limiting the obligations of Grantor under Section 9.2, Grantor agrees to indemnify, protect and hold harmless the Indemnified Parties (defined in Section 9.2) against any and all Claims (defined in Section 9.2) arising from or connected with any Hazardous Materials present, alleged to be present, or otherwise associated with the Property at any time, except any Hazardous Materials placed, disposed or released by Grantee, its employees or agents. If any action or proceeding is brought against any of the Indemnified Parties by reason of any such Claim, Grantor shall, at the election of and upon written notice from Grantee, defend such action or proceeding by counsel reasonably acceptable to the Indemnified Party or reimburse Grantee for all charges incurred for services of the Attorney General in defending the action or proceeding. Despite any contrary provision of this Conservation Easement Deed, the parties do not intend this Conservation Easement to be, and this Conservation Easement shall not be, construed such that it creates in or gives to Grantee any of the following: (1) The obligations or liabilities of an "owner" or "operator," as those terms are defined and used in Environmental Laws (defined below), including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (42 U.S.C. Section 9601 et seq.; hereinafter, "CERCLA"); or (2) The obligations or liabilities of a person described in 42 U.S.C. Section 9607(a)(3) or (4); or (3) The obligations of a responsible person under any applicable Environmental Laws; or (4) The right to investigate and remediate any Hazardous Materials associated with the Property; or (5) Any control over Grantor's ability to investigate, remove, remediate or otherwise clean up any Hazardous Materials associated with the Property. C:\Documents and SettingsWRehdedLocal Settings\Temporary Internet Files\OLK99konservation easement4 ekc 8-20-03.DOC -9- 24846 The term "Hazardous Materials" includes, without limitation, (a) material that is flammable, explosive or radioactive; (b) petroleum products, including by-products and fractions thereof; and (c) hazardous materials, hazardous wastes, hazardous or toxic substances, or related materials defined in CERCLA, the Hazardous Materials Transportation Act (49 U.S.C. Section 6901 et seq.); the Hazardous Waste Control Law (California Health & Safety Code Section 25 100 et seq.); the Hazardous Substance Account Act (California Health & Safety Code Section 25300 et seq.), and in the regulations adopted and publications promulgated pursuant to them, or any other applicable federal, state or local laws, ordinances, rules, regulations or orders now in effect or enacted after the date of this Conservation Easement Deed. The term "Environmental Laws" includes, without limitation, any federal, state, local or administrative agency statute, ordinance, rule, regulation, order or requirement relating to pollution, protection of human health or safety, the environment or Hazardous Materials. Grantor represents, warrants and covenants to Grantee that Grantor's activities upon and use of the Property will comply with all Environmental Laws. (j) Warranty. Grantor represents and warrants that (i) there are no outstanding monetary liens or conservation easements senior in priority to this Conservation Easement Deed, and (ii) the Property is not subject to any other encumbrances other than those of record. (k) Additional Easements. Grantor shall not grant any additional easements, rights of way or other interests in the Property (other than a security interest that is subordinate to this Conservation Easement Deed), or grant or otherwise abandon or relinquish any water agreement relating to the Property, without first obtaining the written consent of Grantee. Grantee may withhold such consent if it determines that the proposed interest or transfer is inconsistent with the purposes of this Conservation Easement or will impair or interfere with the conservation values of the Property. This Section 14(k) shall not prohibit transfer of a fee or leasehold interest in the Property that is subject to this Conservation Easement Deed and complies with Section 1 1. C:\Documents and SettingsWRehderVocal Settings\Temporary Internet Files\OLKW\consewation easement4 ekc 8-20-03.DOC - 10- 24847 (1) Counterparts. The parties may execute this instrument in two or more counterparts, which shall, in the aggregate, be signed by both parties; each counterpart shall be deemed an original instrument as against any party who has signed it. In the event of any disparity between the counterparts produced, the recorded counterpart shall be controlling. The individuals executing this Agreement and the instruments referenced in it on behalf of Grantor each represent and warrant that they have the legal power, right and actual authority to bind Grantor to the terms and conditions of this Agreement. GRANTOR By: Carlsbad Apts. L.P., a Nevada limited partnership By: Its: General Partner Carlsbad Apts. LLC, a Nevada limited liability company By: Its: Managing Member Carlsbad Apts. MM, Inc., a Nevada corporation By: Mark H. Ssidy, its Presidenu Steven D. Molasky, its Secretaryrnreasurer Proper notarial acknowledgement of execution by grantor must be attached. If a Corporation, Agreement must be signed by one corporate officer from each of the following two groups. *Group A. Chairman, President, or Vice-president **Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, City Attorney 1/1 INf Ir-- / [Fsiktant City Attorney 1/ C:V)ocuments and SettingsWRehder\LocaI Settings\Temporav Internet Fila\OLK99\conservation easement4 ekc 8-2043.DOC - 11 - 24848 NOTARY PAGE FOR CONSERVATION EASEMENT STATE OF NEVADA } COUNTY OF CLARK }ss. 1 On AUGUST 27,2003, before me, SHARON PRIBYL a Notary Public in and for said County and State, personally appeared STEVEN MOLASKY personally known to me (or 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. Signature of Notary Date MY Commission Expires 9J3dh 6 STATE OF NEVADA } COUNTY OF CLARK }ss. 1 On AUGUST 27,2003, before me, SHARON PRIBYL a Notary Public in and for said County and State, personally appeared MARK H. CASSIDY personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are 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. Signature of Notary Date My Commission Expires 9/ a b 6 SHARON D. PRlBlL C:\Documents and Settings\SPribil.PACIFICDEWLocal Settings\Temporary Internet Files\OLK3D\Conservation Easement NOTARY BLOCK.doc 24849 Exhibit "A" Legal Description of Property - to be attached C:\Documents and SettingsWRehderbcaI Settings\Temporaly Internet Files\OLK99\conservation easement4 ekc 8-20-03 .DOC - 12- 24850 CERTIFICATION FOR ACCEPTANCE OF CONSERVATION EASEMENT This is to certify that the interest in real property conveyed by the conservation easement dated August 27, 2003, from Carlsbad Apts. L.P., A Nevada Limited Partnership, is hereby accepted by the City Council of the City of Carlsbad, California, pursuant to Ordinance No. NS-422, adopted on September 16, 1997, and the grantee consents to the recordation thereof by its duly authorized officer. DATED: September 15,2003 ISABELLE PA.ULSf?N, Deputy Clerk .. EXHIBIT “A” LEGAL DESCRIPTION FOR OPEN SPACE EASEMENT CARLSBAD APARTMENTS L.P. ALL THAT PORTION OF PARCEL “B” AS SHOWN BY CERTIFICATE OF COMPLIANCE RECORDED JULY 15,2003 AS FILE NO. 2003-0838235 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS. THOSE PORTIONS OF LOTS 3 AND 4 OF SECTION 32, TOWNSHIP 11 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, AND PARCEL 2 OF PARCEL MAP NO. 4838, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILE JUNE 18,1976 IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 3, BEING AN ANGLE POINT IN THE BOUNDARY OF PARCEL 2 AS SHOWN ON PAKCEL MAP 487, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 30, 1971: THENCE ALONG THE NORTHERLY BOUNDARY OF SAID LOT 3 NORTH 89’28’35’’ EAST, A DISTANCE OF 465.60 FFET; THENCE LEAVING SAID NORTHERLY BOUNDARY SOUTH 50’49’ 14” EAST, A DISTANCE OF 54.99 FEET; THENCE NORTH 89’28’35’’ EAST, A DISTANCE OF 194.48 FEET TO A POINT ON THE NOKl’HWESTERLY BOUNDARY OF RANCHO AGUA HEDIONDA L$CCORDING TO THE PARTITION MAP THEREOF NO. 823, FILED NOVEMBER 16, 1896 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; THENCE ALONG SAID NORTHWESTERLY BOUNDARY SOUTH 32’56’ 12” WEST, A DISTANCE OF 456.18 FEET; THENCE LEAVING SAID NORTHWESTERLY BOUNDARY NORTH 57’03’48’’ WEST, A DISTANCE OF 6.75 FEET; THENCE SOUTH 79’23’01’’ WEST, A DISTANCE OF 35.75 FEET; THENCE SOUTH 68’36’43’’ WEST, A DISTANCE OF 22.32 FEET; THENCE NORTH 71”30’33” WEST, A DISTANCE OF 65.88 FEET; THENCE NORTH 42’07’25’’ WEST, A DISTANCE OF 3 1.06 FEET; THENCE NORTH 25’03’48” WEST, A DISTANCE OF 53.72 FEET; THENCE NORTH 34’54’ 1 1” WEST, A DISTANCE OF 35.62 FEET; 2701 IExhA-3 9/15/03 Page 1 of 3 - 24852 - EXHIBIT “A” LEGAL DESCRIPTION FOR OPEN SPACE EASEMENT CARLSBAD APARTMENTS L.P. THENCE NORTH 48’08’40” EAST, A DISTANCE OF 13.75 FEET; THENCE NORTH 39’06’22’’ WEST, A DISTANCE OF 72.19 FEET; THENCE NORTH 52’27’00’’ WEST, A DISTANCE OF 27.03 FEET; THENCE SOUTH 52’35’27” WEST, A DISTANCE OF 15.36 FEET; THENCE NORTH 30’26’24’’ WEST, A DISTANCE OF 18.79 FEET; THENCE NORTH 34’12’56” WEST, A DISTANCE OF 75.80 =ET; THENCE NORTH ZZ”19’31” WEST, A DISTANCE OF 57.20 FEET, THENCE NORTH 76’03’ 18” WEST, A DISTANCE OF 55.57 FEET; THENCE NORTH 85’33’44” WEST, A DISTANCE OF 123.74 FEET; THENCE NORTH 14’22’51’’ WEST, A DISTANCE OF 67.04 FEET; THENCE NORTH 00’34’05’’ EAST, A TXSTANCE OF 32.59 FEET; THENCE NORTH 19’1 1’54” EAST, A DISTANCE OF 40.74 FEET; THENCE NORTH 17’02’52” WEST, A DISTANCE OF 12.89 FEET; THENCE NOK’I’H 39”22’47” WEST, A DISTANCE OF 61.30 FEET; THENCE NORTH 59’29’42’’ WEST, A DISTANCE OF 38.37 FEET; THENCE SOUTH 89”07’23” WEST, A DISTANCE OF 36.14 FEET; THENCE NORTH 63’48’00’’ WEST, A DISTANCE OF 96.71 FEET; THENCE SOUTH 74’12’22’’ WEST, A DISTANCE OF 52.63 FEET: THENCE NORTH 52’10’48’’ WEST, A DISTANCE OF 12.91 FEET: THENCE SOUTH 87’19’55’’ WEST, A DISTANCE OF 11.15 FEET; THENCE SOUTH 65’40’28’’ WEST, A DISTANCE OF 115.19 FEET; 2701 IExhA-3 9/15/03 Page 2 of 3 2485.3 _I__L EXHIBIT “A” LEGAL DESCRIPTION FOR OPEN SPACE EASEMENT CARLSBAD APARTMENTS L.P. THENCE SOUTH 86’50’57’’ WEST, A DISTANCE OF 92.41 FEET TO A POINT ON THE WESTERLY BOUNDARY OF PARCEL 2 OF SAID PARCEL MAP NO. 4838; THENCE ALONG SAID WESTERLY BOUNDARY NORTH 03’09’03” WEST, A CONCAVE SOUTHERLY, HAVlNCi A KAUIUS OF 450.00 FEET AND TO WHICH A RADIAL BEARS NORTH 13’49’47’’ WEST, SAID POINT BEING ON THE SOUTHERLY BOUNDARY OF HAYMAR DRIVE AS SHOWN ON SAID PARCEL MAP NO. 4838; DISTANCE OF 487.68 FEET TO THE BEGINNING OF A NON-TANGENT CURVE THENCE ALONG SAID SOUTHERLY BOUNDARY EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00’53’43’’. AN ARC DISTANCE OF 7.03 FEET To THE BEGINNING OF A COMPOUND CURVE CONCAVE SOUTHERLY, HAVING A RADIUS OF 1550.00 FEET AND TO WHICH A RADIAL BEARS NORTH 12’56’04’’ WEST; THENCE CONTINUING ALONG SAID SOUTHERLY BOUNDARY EASTERLY ALONG SAID COMPOUND CURVE THROUGH A CENTRAL ANGLE OF 13°40’01”, AN ARC DISTANCE OF 369.73 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE SOUTHERLY, HAVING A RADIUS OF 750.00 FEET AND TO WHICH A RADIAL BEARS NORTH OO”43’57” EAST; ‘ THENCE CONTINUING ALONG SAID SOUTHERLY BOUNDARY EASTERLY ALONG SAID COMPOUND CURVE THROUGH A CENTRAL ANGLE OF 14”23’53”, AN ARC DISTANCE OF 188.47 FEET TO THE MOST NORTHEASTERLY CORNER OF SAID PARCEL 2 OF PARCEL MAP NO. 4838; THENCE ALONG TKE EASTERLY BOUNDARY OF SAID PARCEL 2 OF PARCEL MAP FEET TO THE TRUE POINT OF BEGINNING. NO. 4838 SOUTH 00’48’25’’ WEST ON A NON-TANGENT LINE!, A DISTANCE OF 626.18 THE ABOVE DESCRIBED PARCEL CONTAINS 10.23 ACRES MORE OR LESS. SEE EXHIBIT “B” ATTACHED HERETO. EXPIRATMTE: 09-30-05 2701 1ExhA-3 91 15/03 Page 3 of 3 BASIS OF BEARINGS FOR THIS PLAT IS THE W'LY LOT LINE OF at N00'48'25"E 626.18' NO. 4838. SHOWN AS N03'09'03"W. PARCEL 'E" 450.00 7.03 750.00 188.47 FILE # 2003-0838235 4 Gf ~oy09'03'w 487.68' CITY OF CARLSBAD OPEN SPACE EASEMENT PLAT SHEET 1 OF 1 )ATE 9-15-03 A.P.N. THE SUMMIT AT CARLSBAD SCALE: 1 "= 1 50' 'REPARED BY: SDP 00-17 167-030-51, -55 & -71 LOHR+ ASSOCIATES INC