HomeMy WebLinkAboutSDP 03-13; ; 2005-0624267; PropertyDOC # 2005-0624267
Recording Requested By
When Recorded Mail To:
and
City Clerk
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, California 92008
I llllllll 111 11111 111111111l1111111111 11111 11111 Ill11 Ill11 111ll11111111
JUL 25,2005 9:08 AM
DFFl ClAL RECORDS
SAN CllEGO COIJNTY RECORDER'S OFFICE GREGOR T-! SMITH COUNTY RECORDER
FEES 23 00
PAC; E S 6
Mail Tax Statement To: (same)
(Exempt from filing fee pursuant to
Government Code 96103)
SPACE ABOVE FOR RECORDERS USE ONLY
A.P.N. 215-083-09
Project # SDP 03-1 3 Morning Ridge
MEMORANDUM OF AGREEMENT
THIS MEMORANDUM OF AGREEMENT is made as of this - /Gay of Jvbc, 2005, by and
between KEYSTONE CARLSBAD 28 LLC, a California limited liability company ("Keystone"), and CITY OF CARLSBAD, a municipal corporation ("Cityl), with respect to the following:
1. Purpose of Memorandum. This Memorandum of Agreement is prepared for recordation
in the Official Records of the San Diego County Recorder's Office for the purpose and intent of giving notice
to third parties that Keystone and City have entered into an Open Space Ownership, Management and
Funding Agreement dated as of April 25,2005 ("Agreement"), pertaining to the ownership and management
of the real property described on Exhibit A and depicted on Exhibit B, and the funding of an endowment for
such property's management. A copy of the Agreement is on file in the Planning Department of City at 1635
Faraday Avenue, Carlsbad, California 92008-731 4.
2. Counterparts. This Memorandum of Agreement may be executed and recorded in any
number of counterparts, each of which shall be deemed to be an original and all such counterparts taken
together shall constitute one and the same instrument.
IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Agreement as of
Owner:
KEYSTONE CARLSBAD 28 LLC, 2 California limited
liability company
the day and year first written above.
BY: KEYSTON MMUNITIES, INC., a California
I
Its f -~/klhALd
Sandra Holder, Community Development Director
6/7/05 037225-0117 283091.1
STATE OF CALIFORNIA ) ) ss.
COUNTY OF %J alw 1
/ On this IP dayof Tihe ,20&, before me, II%A
, a Notary Public in and for said State, personally appeared FEL0FR
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.
(Seal)
STATE OF CALIFORNIA 1
COUNTY OF 1 ) ss.
On this day of ,20-, before me, , a Notary Public in and for said State, personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person0 whose
namem is& subscribed to the within instrument and acknowledged to me that he/.skd#q executed the
same in his/keF/h+ authorized capacityw, and that by his/kAbek signaturw on the instrument, the
personw, or the entity upon behalf of which the person@ acted, executed the instrument.
WITNESS my hand and official seal.
Signature (Seal)
6/7/05
EXHIBIT "A"
LEGAL DESCRIPTION
BEING A PORTION OF LOT 29 OF CITY OF CARLSBAD TRACT NO. 98-05, DEJONG
PROPERTYl IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14636, FILE IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY ON JULY 23,2003, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 29; THENCE ALONG THE
EASTERLY, SOUTHERLY AND SOUTHWESTERLY LINE OF SAID LOT 29 THE
FOLLOWING: SOUTH 1'21'12" EAST, 964.12 FEET; THENCE NORTH 87'29'27" WEST,
449.14 FEET; THENCE NORTH 43"11'32" WEST, 20.76 FEET TO A POINT ON THE
EASTERLY LINE OF THE FIRE HAZARD REDUCTION ZONE PER SECTION 142-0412 OF
THE LAND DEVELOPMENT CODE AS SHOWN AND DESCRIBED ON SHEET NO. 8 OF
SAID MAP 14636; THENCE LEAVING SAID SOUTHWESTERLY LINE ALONG SAID
EASTERLY LINE THE FOLLOWING: NORTH 35'3654" WEST, 144.39 FEET; THENCE
NORTH 41'0841" WEST, 66.16 FEET; THENCE NORTH 42'0830" WEST, 69.67 FEET;
THENCE NORTH 40'32'32" WEST, 50.06 FEET; THENCE NORTH 39'51'29" WEST, 172.52
FEET; THENCE NORTH 41 '09'341 WEST, 35.54 FEET; THENCE NORTH 53'28'47" WEST,
55.14 FEET; THENCE SOUTH 82'24'25" WEST, 72.77 FEET; THENCE SOUTH 68'45'09"
WEST, 45.44 FEET; THENCE SOUTH 59'37'22" WEST, 47.59 FEET; THENCE SOUTH
41'09'13" WEST, 66.19 FEET;THENCE SOUTH 51'09'36" WEST, 14.33 FEET; THENCE
SOUTH 57'1 020" WEST, 37.24 FEET; THENCE SOUTH 77'55'04" WEST, 18.66 FEET;
THENCE NORTH 58'33'05" WEST, 26.78 FEET; THENCE NORTH 40"06'15" WEST, 57.28
FEET; THENCE NORTH 8'57'56" WEST, 3.80 FEET; THENCE NORTH 32'28'05" WEST,
43.50 FEET; THENCE NORTH 25'2609" WEST, 13.64 FEET; THENCE NORTH 9'02'33"
WEST, 45.69 FEET; THENCE NORTH 2'02'04" WEST, 23.74 FEET; THENCE NORTH
51 '16'04" WEST, 5.04 FEET; THENCE NORTH 50'57'51" WEST, 4.96 FEET; THENCE
SOUTH 85'19'33" WEST, 10.00 FEET; THENCE NORTH 72'33'1 1" WEST, 6.44 FEET;
THENCE NORTH 84'13'15" WEST, 5.40 FEET; THENCE SOUTH 79'5842" WEST, 12.86
PAGE 1 OF 3
M:K419\Lagal DescriptionsWOl LOT 29 Conservation Esmt(2).doc WO 247 9-3 4/22/05
FEET; THENCE NORTH 9'44'45" WEST, 5.58 FEET; THENCE NORTH 16"00'03" EAST,
19.06 FEET; THENCE NORTH 20'20'08* EAST, 17.98 FEET; THENCE NORTH 19'02'08"
EAST, 12.54 FEET; THENCE NORTH 28'1 3'1 9" EAST, 13.06 FEET: THENCE NORTH
38'12'59" EAST, 13.36 FEET; THENCE NORTH 43'31'24" EAST, 16.12 FEET; THENCE
NORTH 43'53'53" EAST, 16.33 FEET; THENCE NORTH 37"38'43" EAST, 17.27 FEET;
THENCE NORTH 13'36'28" EAST, 21.35 FEET; THENCE NORTH 17'42'35" EAST, 33.93
FEET; THENCE NORTH 18°24'061 EAST, 17.39 FEET; THENCE NORTH 24'58'11" EAST,
49.51 FEET; THENCE NORTH 24'25'43" WEST, 82.05 FEET; THENCE NORTH 3'04'17"
WEST, 47.95 FEET; THENCE NORTH 43°03'551 WEST, 46.85 FEET; THENCE LEAVING THE
EASTERLY LINE OF SAID FIRE HAZARD REDUCTION ZONE ALONG A LINE THE IS 5.00
FEET SOUTHERLY OF AND PARALLEL WITH THE SOUTHERLY LINE OF LOT 27 OF SAID
MAP NO. 14636, NORTH 89'59'33'' EAST, 14.16 FEET TO A POINT ON THE EASTERLY
LINE OF SAID FIRE HAZARD REDUCTION ZONE; THENCE LEAVING SAID PARALLEL
LINE, ALONG THE EASTERLY LINE OF SAID FIRE HAZARD REDUCTION ZONE THE
FOLLOWING: SOUTH 54'48'55" EAST, 98.52 FEET; THENCE SOUTH 29'39'19" EAST, 15.89
FEET; THENCE SOUTH 31 '58'5Oq WEST, 35.28 FEET; THENCE SOUTH 72'33'24* EAST,
22.27 FEET; THENCE SOUTH 87'02'02" EAST, 20.52 FEET; THENCE NORTH 90'00'00"
EAST, 4.86 FEET; THENCE NORTH 89'04'47" EAST, 9.41 FEET; THENCE NORTH 86'28'46l
EAST, 15.27 FEET; THENCE NORTH 86'0804" EAST, 3.82 FEET; THENCE SOUTH
87"16'35" EAST, 5.19 FEET; THENCE SOUTH 77'40'38" EAST, 8.58 FEET; THENCE SOUTH
56'0037" EAST, 7.81 FEET; THENCE LEAVING SAID FIRE HAZARD REDUCTION ZONE
SOUTH 42'54'00" EAST, 18.40 FEET; THENCE SOUTH 53'04'00" EAST, 15.68 FEET;
THENCE SOUTH 67'09'00" EAST, 34.17 FEET; THENCE SOUTH 46'21'00" EAST, 5.58
FEET; THENCE NORTH 60'38'00" EAST, 14.28 FEET; THENCE NORTH 71 '42'00" EAST,
25.20 FEET; THENCE NORTH 75'32'00" EAST, 25.61 FEET; THENCE NORTH 53'40'00"
EAST, 28.62 FEET; THENCE NORTH 20'20'00" EAST, 29.68 FEET; THENCE NORTH
00'51'00" EAST, 26.61 FEET; THENCE NORTH 26'42'00'' WEST, 115.92 FEET; THENCE
NORTH 0'00'27" WEST, 2.13 FEET TO THE NORTHERLY LINE OF SAID LOT 29; THENCE
ALONG SAID NORTHERLY LINE, NORTH 89"59'33" EAST, 906.95 FEET TO THE POINT OF
BEGINNING.
PAGE 2 OF 3
M:\2419Vegal DescriptionsWOl LOT 29 Conservation Esrnt(Z).doc
WO 2419-3 4/22/05
EXCEPTING THEREFROM THAT LAND DESCRIBED IN EASEMENT GRANT DEED TO
SAN DIEGO GAS & ELECTRIC COMPANY RECORDED JULY 21,1954 IN BOOK 5307,
PAGE 31 1 OF OFFICIAL RECORDS OF SAID SAN DIEGO COUNTY.
THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 16.946 ACRES, MORE OR
LESS.
+ZZ-d5
GERARD A. NOTHDURCT L.S. 6386
HUNSAKER &ASSOCIATES SAN DIEGO, INC.
PAGE 3 OF 3
MA241 9Vegal DesuiptionsWOl LOT 29 Consewation Esmt(S).doc WO 2419-3 4/22/05
EXHIBIT "B" *.
14636 Y P o IN TTIA\LANE
INDICATES CONSERVATION
= 16.946 ACRES
R \0006\W\EP CONSERVATION EASEMENT SHT 01 .DWG[ 2167lApr-20-2005: 13 05