HomeMy WebLinkAboutCT 88-03; Real Estate Collateral Management Company; 1998-0152406; Petition & Waiver- . .,
' . RECORDED REQUESTOF
SUIlDIVISlON MAPPING DEPT. First American Title
WHEN RECORDED MAIL TO:
RECORDING REQUESTED BY AND
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Drive
Carlsbad, CA 92008 561
/- immul~r~lYullull~lulllluuulul~ullullulU
ZdDEX k5 Rd '
1998-01 62408
' ' PGP6EqgJJ -
Space Above This line for Recorder's Use
PETITION, WAIVER AND CONSENT TO CREATION
OF A COMMUNITY FACILITIES DISTRICT
AND AGREEMENT TO PAY FAIR SHARE
Parcel Nos: 255-022-01; 255-041-18,19,20
255-010-09,18,19; 216-320-13
255-030-09,11,12,13
255-031-24,25
WHEREAS, the undersigned Property Owner at this time is processing for
development with the City of Carlsbad (hereinafter referred to as "City") a
development project known and identified as Tentative Tract Map CT 68-3
(hereinafter referred to as the "~roject"); and,
WHEREAS, the legal description for the Project is shown on Exhibit "B"
attached hereto; and,
WHEREAS, City has determined this Project is located within the boundaries of
a proposed Community Facilities District known as Community Facilities District No.
2 - Rancho Santa Fe and Olivenhain Road (hereinafter referred to as "District"); and,
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WHEREAS, District is intended to be formed to finance those improvements
generally described in Section 1 herein; and,
WHEREAS, Property Owner desires to proceed with processing prior to the
.. formation of District; and,
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WHEREAS, condition number of Tentative Tract Map CTW-3 requires
that. the Property Owner provide for or participate in the construction. of certain
public improvements including sections of Rancho Santa FeRoad; and,
. WHEREAS, the compliance with tentative^ map conditions is a condition of
approval for the final map for the Project; and,
WHEREAS, the City and Property Owner desire to agree to an alternative
method of financing the improvements described in Section 1 herein that will allow
Property Owner to discharge~its fair share and obligation for said improvements in
lieu of, or in anticipation of, participation in District; and,
WHEREAS, the City.-Council agrees that Property Owner, upon entering into
this agreement and upon payment of the fair share described herein, has m8t the
requirement set forth in tentative map condition number 94 for Carlsbad Tract Map
CT 59 " -3 , to provide a financial guarantee for the construction of those
improvements described in Section 1 below; and,
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WHEREAS, Property Owner voluntarily enters into this agreement with respect
to the Project; and,
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WHEREAS, the City Council has determined that due to the size of the
proposed development, there will be no major impact on the circulation system at the
present time if development of the Project is allowed to proceed with sufficient
financial guarantees for future construction of Property Owner's fair share of the
circulation improvements;
NOW, THEREFORE, in consideration of proceeding with the processing of
Project, the undersigned Property Owner and City hereby agree and certify to the
following:
1. Property Owner hereby petitions the City for the initiation of the
proceedings for the formation of District which will cause the construction and
installation and/or financing of the following improvements (hereinafter
'Improvements" which are generally described as follows:
a) Rancho Santa Fe Road North Phase 1 (RSF No.1) La Cos@
Avenue to east of Mahr Reservoir
b) Olivenhain Road Widenina. and intersection imorovements at
Olivenhain and El Camino Real
c) Rancho Santa Fe Road North Phase 2 (RSF No. 2) Phase 1 End tp
Melrose Drive.
d) Rancho Santa Fe Road South (RSF So.) (Assumes Secondary
Arterial Standard - Encinitas Citv Boundarv to Olivenhain Road Full ImDrovements,
2. The cost of construction, engineering, environmental mitigations legal
and other incidental expenses as set forth in the Improvements budget will be funded
by the District.
3. Property Owner acknowledges its right to notice of and participation in
all phases of formation under the "Mello-Roos Community Facilities Act of 1982,"
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expressly waives the proceedings required and all limitations contained in Title 5,
Division 2, Chapter 2.5 of the California Government Code and nonetheless with full
knowledge of such rights, completely and forever waives such rights. Specifically,
Property Owner hereby consents to the proceedings and waives any right to protest
the formation of the District and the ordering of the improvements under applicable
California statutes' and consents to and supports formation of said District with
respect to the Project. The City shall exclude the Project from- the District . boundary
map if, prior to the adoption of a Resolution of Intention by the City Council to form
said. District, Property Owner has entered into this agreement and has paid to the
city all amounts due as described herein. .
. 4. a) Property Owner agrees to pay to City, or provide, its fair share for
the improvements described in Section 1.
b) Said payment, or provision, shall be made in the manner
described in Exhibit "A", Rate and Method for Determining Fair Share Obligation
Rancho Santa Fe and Olivenhain Road, which is incorporated herein by reference.
c) The amount of Property Owner's fair share will be conclusively
determined by the City Council in the manner described in Exhibit "A" attached
hereto.
d) Payment by Property Owner of its fair share of improvement costs
as determined by City Council and set forth herein will satisfy its obligations for the
construction of the imployements described in Section 1, as required by the
Tentative Map CTB - 3 condition numbeu?, as that condition applies to CT@-
-8 3 subject to adjustment as described in Section 9 herein.
- e) Alternatively, if the District is formed and Project is included
within it, Property Owner's obligations to pay its fair share pursuant to the
agreement shall be satisfied upon payment of all taxes imposed, established and
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payable to said District less the credit identified in Exhibit "A" for the construction
costs of the applicable improvements in Tentative Tract Map CT &- 3 ..
5. Property Owner acknowledges that this agreement to pay its fair share
and participate in the financing of improvements is voluntary and that without this
agreement Propert$ Owner would be precluded from obtaining final map approvals or
building and other development permits under the provisions of the General Plan,
Chapter 21.90 of the Carlsbad Municipal Code, applicable zone plan, financing plans
and related documents until a satisfactory financing program has been developed to
fund the construction of the improvement described in Section 1.
6. Property Owner hereby waives his right to challenge the amount,
establishment or imposition of said fair share and further waives any rights to pay
said fair share under protest.
7. This agreement does not affect, in any way whatsoever, the obligation
of Property Owner to pay any other fees or assessments associated with Property
Owner's development and/or to post improvement bonds as required by the City
Engineer. Nor does this agreement relieve Property owner from providing other
public facilities required under conditions placed upon tentative map CT 9- 3 by
the City.
8. Property Owner agrees that payment of its fair share is not a fee and
waives any and all rights to notice of or challenges to the establishment or imposition
of said fair share as a fee under provisions of Government Code section 66000
or any successor or related statutes.
9. a) If the District is formed subsequent to the payment by Property
Owner of the fair share pursuant to this agreement, Property Owner's financial
obligation shall be recalculated using the taxing formula established for the District
for the improvements described in Paragraph 1. If that obligation is lower than the
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amount previously paid or provided by Property Owner to City,.City shall refund any
excess, in the manner described below.
b) Any refund shall be made from funds available within District
upon District formation and shall not be an obligation of City's General Fund or other
revenue sources. ..
c) In the event that insufficient funds are available from District's
resources, Property Owner shall be reimbursed in the order in which funds were
deposited with City as soon as sufficient -funds become available, as determined by
the City Council, through the payment of one-time taxes or annual undeveloped land
taxes to the District. The City is not required to establish an undeveloped land tax
within the District to provide such refund.
d) No reimbursement is required until the City Council determines
that sufficient funds are available. Any refund to Property Owner shall not include
interest.
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e) Any payment received by the City under this agreement shall be
deposited in a special interest bearing fund and may only be used to fund the
construction of the facilities described herein. Upon the formation of a CFD to fund
these same Improvements, any amount remaining in the special fund may be
transferred to-the CFD fund, at the discretion of the Finance Director.
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10. Upon completion of the Improvements, and recording of the notice of
completion for the final phase of the Improvements, the City Engineer shall determine
the total cost of all phases~of the Improvements and all related work (Costs), and the
Finance Director shall determine the total amount of revenue including fees, taxes,
interest earned on funds restricted to use only on the Improvements, and other
sources of funds received by the City dedicated to paying for the construction of the
-.
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Improvements (Revenues). The Finance Director shall then compare the amount of
Costs and Revenues to determine if there are any excess Revenues as described
below. If excess Revenues of more than $100,000 exist, the Finance Director shall
provide refunds to all eligible parties of all excess Revenues in an amount and in the
manner described below. If excess Revenues are equal to, or less than $100.000
the City shall retain these funds in a special fund to be used to finance street repair,
maintenance, and landscaping within the Improvements.
a) The total amount of excess Revenues shall be determined by deducting the
amount of the project Costs from the available Revenues. Total project Costs shall
include all costs to plan, design, construct, mitigate environmental impacts, inspect,
and otherwise complete the project to the satisfaction of the City Engineer, including
applicable charges for City staff services. Total Revenues shall include all monies
held by the City dedicated exclusively to the construction of the Improvements
including any fee revenues earmarked for the Project, CFD #2 taxes, applicable CFD
#1 taxes, grants, and interest earned on restricted funds as determined by the
Finance Director.
b) The amount of the refund due to any party shall be based on the
proportion of that party’s payments under this agreement based on its’ proportional
share of Equivalent Dwelling Units constructed or to be constructed by that party,
weighted as described in Exhibit A, divided by the total number of EDUs constructed
or to be constructed within, and participating in, CFD #2 and/or CFD #2 agreements
to prepay taxes. The amount of the refund shall be determined by multiplying the
proportional share computed above by the total amount of excess revenues.
c) In order to share in the refund of any portion of the excess Revenues, the
eligible party must request to be included in the distribution of funds. Such request
must be made within 90 days after the City Council’s acceptance of the Notice of
Completion for the final phase of the Improvements. Each request must be
accompanied by documents indicating clear title to the refund unless the request is
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being made by the party which originally paid the taxes to the City under a
prepayment agreement or to CFD #2.
d) The Finance Director shall compute the amount of the refund due each
party as described above. Funds may be disbursed to the eligible parties following
Council approval of such refunds.
. e) If the City does not receive requests for refund from all eligible parities
within the specified period, and all funds cannot be disbursed as provided by this
section, any remaining funds shall be held in a special fund to be used to support
road and roadway maintenance in and around the Improvements area, as determined
to be necessary by the City Engineer, and approved by the City Council.
f) As a courtesy to -all interested parties, the City will maintain a file of those
individuals or companies entitled to a refund, and will mail notices of refund
availability to the names and addresses in this file following the City Council’s
acceptance of the final Notice of Completion. It is the eligible party’s responsibility
to notify the City if the rights to any refunds under this section are assigned to
another party, or if there is-a change in name or address for the eligible party. The
City takes no responsibility for the accuracy of the information included in this file,
- and is under no obligation ro locate persons or entities who are entitled to refunds.
Failure to notify any party of the availability of excess Revenues shall not obligate
the City in any way to extend or modify the above refund procedures.
11. Compliance with this agreement will be accepted by City as an alternate
to the method described in ~. _the current Local Facilities Management Plan for local
facilities Management Zone for financing the Improvements described in
Paragraph 1. This agreement does not require City to issue building permits or other
development permits or grant approvals or relieve Property Owner of the obligation
to comply with ail applicable provisions of law, including but not limited to Carlsbad
Municipal Code Titles 18, 19, 20 and 21.
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12. Compliance with the provisions of this agreement is a condition of all
future discretionary approval for the Improvements Property Owner does not comply
with the provisions of this agreement, approval of the Project will not be consistent
with the General Plan, the Growth Management Program, and the Local Facilities
Management Plan, and all subsequent discretionary approvals and permits for the
Project may be withheld by City.
13. In addition, the City will not approve any pending final maps, issue
grading, building or other development permits or take any discretionary action until
the Property Owner has complied with the terms of this agreement due to be
satisfied at the time such approval is required.
14. The City may, at its discretion, elect to pursue any remedy, legal or
equitable against Property Owner and Property Owner's successors, heirs, assigns,
and transferees of the Project to secure compliance with this agreement.
15. City shall not, nor shall any officer or employee of City, be liable or
responsible for any loss or damage incurred by Property Owner or any successor or
assign of Property Owner, or by any occupant in Property Owners buildings, as a
result of the exercise of any remedies provided to City in this agreement. Property
Owner agrees to indemnify City for any liabilities incurred by City as a result of City's
exercise of these remedies.
16. This agreement and the covenants contained herein shall be binding
upon and inure to the benefit of the successors, heirs, assigns, and transferees of
Property Owner with respect to the Project only and City, and shall run with the
Project and create an equitable servitude upon the Project.
17. All notices provided for under this agreement shall be in writing and
shall be delivered in person or served by certified mail postage prepaid. Delivery of
notice to Property Owner shall be presumed to have been made on the date of
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mailing regardless of receipt by Property Owner. Notices required to be given to
Property Owner shall be addressed as follows:
Notices to the City shall be delivered to the
Finance Director
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Notices to Property Owner shall be delivered to: . Mr. Two E-2. T%LSod
b=AL tz*= c-cLw3z/K- /crchLt~~~d~co~-~bv~ -
CML5W, c&. qzots- 7003
. to. 'UP% 9Ci.lo-lns
Each party shall notify the other immediately of any change that would require
any notice delivered hereunder to be directed to another party.
18. This agreement shall be recorded but shall not create a lien or security
interest in the property. .-
19. The undersigned Property Owner further states, under penalty of
perjury, that he is owner of the property as described herein on Exhibit 'B", or an
authorized agent of the owner, and has the authority to execute this document,
including the binding authorizations herein.
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571
Executed this day of &%db , 1996.
'OWNER: GLL&=T?&
v (printHarne here)
CITY OmCARLSBAD, a Municipal
ATTEST,
City Clerk
Approved as to form:
B&ty Attorney
(print name here) Vf
(title and organization of signatory) -'
(Proper notarial acknowledgment of execution by *OWNER must be attached.)
(President or vice-president and secretary or assistant secretary must sign for
corporations. If only one officer signs, the corporation must attach a resolution
certified by the secretary or assistant secretary under corporate seal empowering
that officer to bind the corporation. .
572 ACKNOWLEDGMENT
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) 9s.
)
appeared James M. Jackson and Spiro G. Kailas
uersonallv known to me (or proved to me on the basis of
On 11/27/96 , before me, Vivian Mae Walters, personally
-~ satisfactory evidence) to be the person(s) whose name(s) is/are
subscribed to the within igstrument 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
person(s) acted, executed the instrument.
instrument the person(s1, or the entity upon behalf of which the
WITNESS my hand and official seal.
Notary Public in and for said
County and State
573
EXHIBIT A
RATE AND METHOD FOR DETERMINING
FAIR SHARE OBLIGATION
RANCHO SANTA FE AND OLIVENHAIN ROAD
The City Council shall use the following rate and method for determining the fair
share obligation for funding the construction of Rancho Santa Fe and Olivenhain
Road due from property conditioned to participate in the financing of these facilities.
This calculation is done as part of an agreement titled PETITION, WAIVER AND
CONSENT TO CREATION OF A COMMUNITY FACILITIES DISTRICT AND
AGREEMENT TO PAY FAIR SHARE (Agreement) which has been voluntarily entered.
into by the City of Carlsbad and certain- property owners wishing to proceed with
development of their property in advance of the creation of Community Facilities
District No. 2(CFD No. 2). . It is the City and property owners intent to form CFD No.
2 to provide funding for those improvements described within the above-referenced
agreement.
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The following rate and method shall be used to determine the fair share and amount
due from any property owner wishing to take advantage of this alternate funding
mechanism.
Basis for Cost Allocation
The basis for allocation of costs to property conditioned with the financing of the
improvements described in the Agreement shall be the Equivalent Dwelling Unit
(EDU) which is defined as follows for residential developments:
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Residential EDU Allocation
Single-Family - Detached Units 1 .O EDU
Single Family 2 Attached Units 0.8 EDU
Multi-Family Units 0.6 EDU
. . ,.
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The number of each type of unit included in a development shall be determined by
the City Engineer based on the most recent final map submitted to the City for
approval.
The EDU determination for non-residential development shall be made by the City
Engineer when such a determination is requested by the property owner. The City
Engineer may request additional information from any property owner as may be
necessary to make his determination. The City Engineer is not required to make a
determination on the number of EDUs for any project until adequate information is
available.
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The City Engineer's determination shall be submitted to the City Council in the table
below. The City Council shall make the final determination of the number of EDUs to
be used in computing the fair share obligation for any project.
Fair Share Amount and Method of Pavment
The City shall collect $10,250 for each EDU as determined by the City Council. This
amount shall be collected in one payment of $10,250 per EDU to be paid prior to
Council consideration of final map approval as described below.
1) Prior to the approval of a final map by the City Council, the property owner
shall pay to the City an amount equal to the number of EDUs included in said final
map, as determined by the City Engineer, times $10,250. If the City Council
determined that the City Engineer's calculation of the number of EDUs included on
the final map is in error, the Council shall direct the City Engineer to amend his
calculations and direct staff to bring the final map back for approval when such
correction has taken place. Funds must be paid to the City before the final map will
be scheduled for Council consideration.
.- A
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Computation of Fair Share Obligation
CTSB-43-
Units 1 and 2
Type of Unit EDU Cost per Unite Amount
per Unit Cowred DUE
Agreement
unit by
Single Family- 1 .O $10,250 455 $4.663.750
detached units
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TOTAL 455 $4.663.750
2) If the property owner has already obtained a final map for units conditioned
with the financing of Rancho Santa Fe and Olivenhain Road, the property owner shall
pay to the City the net amdunt due shown above prior to entering into this
agreement.
EXHIBIT "B"
Page 1 of 4
576
LEG?& DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
PARCEL A:
ALL OF LOTS 3 AND 4 OF FRACTIONAL SECTION 1 AND PORTION!
STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THER~OF, 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY 3, 5, 6, 7 AND 0 OF FRACTIONAL SECTION 2, IN TOWNSHIP 1
LOT 2 AbTD X PORTION CF LOTS 1 AiiD 11 OF WCHCJ US iEKC COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO Ir
040, FILED IN THE OFFICE OF THE COUNTY RECORDER OF!SAN JUNE 27, 1898, DESCRIBED AS A WHOLE AS FOLLOWS:
OF CALIFORNIA,
3 OF LOTS 1, 2.
,3 SOUTH, RANGE ' OF SAN DIEGO,
, TOGETHER WITH 'IIJITAS, IN THE
tAP THEREOF NO.
' DIEGO COUNTY,
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT i2 OF RANCHO LA9
ENCINITAS; THENCE ALONG THE NORTHERLY BOUNDARY 0 SAID RANCHO LAS ENCINITAS, NORTH 76°21'30" EAST, 892.92 FEET TO TH EASTERLY LINE OF
NORTH 1'35 ' 31" EAST, 1094.53 FEET TO THE NORTHEAST ORNER OF SAID LOT
SAID LOT 3 OF FRACTIONAL SECTION 1; THENCE ALONG AID EASTERLY LINE
3 ; THENCE ALONG THE NORTHERLY LINE OF SAID FRACTION . SECTION 1, NORTH
89°17'26" WEST, 1683.77 FEET TO AN ANGLE POINT THEREIN; THENCE CONTINUING ALONG SAID NORTHERLY LINE AND ALONG THE 1 NORTHERLY LINE OF SAID FRACTIONAL SECTION 2, NORTH 89O17'41" WEST, 99 .40 FEET AN ANGLE POINT IN THE SOUTHERLY BOUNDARY OF THE LAND DESCRI ED IN EXECUTORS' DEED AND CONSERVATORS DEED TO W. B. DALITZ, RECOR ED SEPTEMBER 19,
1969 As FILE NO. 164971 OF OFFICIAL RECORDS; ENCE ALONG THE
TO AN ANGLE POINT AND SOUTH 56O30'28" HIEST, 1100.64 EET TO A POINT IN
THAT CERTAIN 90 FOOT STRIP OF LAND AS DESCRIBED IN E ECUTOR' S DEED AND CONSERVATORS' DEED TO THE COUNTY OF SAN DIEGO, REC DED FEBRUARY 16,
1970 AS FILE NO. 27777 OF OFFICIAL RECORDS AND AGS BEING A POINT IN
A NON-TANGENT 1970.0 0 FOOT RADIUS CLTRVE, CDNCAVE NCRTHEASTERLY, A
RADIAL LINE TO SAID POINT BEARS SOUTH 58"40'29" WEST THENCE ALONG THE EASTERLY LINE OF SAID ROAD SURVEY AS FOLLOWS:
SOUTHEASTERLY ALONG SAID CURVE THROUGH AN ANGLE 0 4O56' 20" AN ARC DISTANCE OF 169.81 FEET, TANGENT TO SAID CURVF, SOUT 36'15'51" EAST, 291.95'FEET TO THE BEGINNING OF A TANGENT 2045.00 F OT RADIUS CURVE, CONCAVE WESTERLY, SOUTHERLY ALONG SAID NRVE THR UGH AN ANGLE OF
32°30'56'1 AN ARC DISTANCE OF 1160.54 FEET, TANGE T TO SAID CURVE SOUTH, 3O44'55" EAST, 1061.59 FEET TO THE BEGINN NG OF A TANGENT 9045.00 FOOT RADIUS CURVE, CONCAVE WESTERLY AND SO ERLY ALONQ SAID CURVE THROUGH AN ANGLE OF 3001'18" AN ARC DISTANCE F 477.02 FEET TO
SOUTHEASTERLY BOUNDMY OF SAID LAND SOUTH 6eo25'3111 ST, 1851.09 FEET I THE EASTERLY LINE OF COVNTY OF SAN DIEGO ROAD SURVEY NO, 1800-1, BEING
t? i
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EXHIBIT "B"
Page 2 of 4
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THE SOUTHERLY LINE OF THE LAND DESCRIBED IN DEE TO THE HEIRS OR DEVISEES OF FRIEDA C. WIEGAND, DECEASED, ET AL, RE $ ORDED FEBRUARY 25,
1971 AS FILE NO. 35748 OF OFFICIAL RECORDS; SOUTHERLY LINE, RADIAL TO LAST SAID CURVE NORTH 89O EAST, 398.31 ENCE ALONG SAID
FEET TO AN INTERSECTION WITH THE WESTERLY LINE ENCINITAS; THENCE ALONG SAID WESTERLY SAID RANCHO LAS
686.02 FEET TO AN INTERSECTION WITH THE WEST NORTHERLY LINE OF LOT 12 OF SAID RANCHO LAS NGATION OF THE
SAID WESTERLY PROLONGATION AND SAID NORTHER ; THENCE ALONG
EAST, 698.33 FEET TO THE WESTERLY LINE OF THE ORTH 87O30'15"
SAID LOT 11 OF RANCHO LA9 ENCINITAS; THENCE 505.00 FEET OF
NORTH Z055'51" WEST, 2107.50 FEET TO THE WESTERLY LINE
SOUTHERLY 2107.50 FEET OF SAID LOT 11; LINE OF THE
LINE NORTH 87°30'15'1 EAST, 2505.00 FEET TO T LOT 11 OF WCHO LAS ENCINITAS: THENCE. ALONG NE OF SAID
2O55'51" WEST, 526.98 FEET TO THE SOUTHEAST LINE NORTH
RANCHO LAS ENCINITAS; THENCE ALONG THE EASTERLY D LOT 2 OF
NORTH 1°58'05" WEST, 807.94 FEET TO THE POINT OF SAID LOT 2
EXCEPTING THEREFROM THOSE PORTIONS LYINQ WITHIN C
03-1, ARROYO LACOSTA, UNIT 1 (VILLAGE 1) , ACCORD1
13385, FILED IN THE OFFICE OF THE COUNTY RECORDER DECEMBER 20, 1996, AND LYING WITHIN CARLS
LACOSTA UNIT 2 (VILLAGES G, 8, J, P, Q, THEREOF NO. 13386, FILED IN THE OFFICE 0 DIEGO COUNTY, DECEMBER 20, 1996, BOTH IN OF SAN DIEGO, STATE OF CALIFORNIA.
THEREOF NO.
CCORDING TO MAP RECORDER OF SAN CARLSBAIJ, COUNTY
AFFECTS PARCEL NOS.: 255-030-11, 255-03
PARCEL B: I
ALL THAT PORTION OF LOTS 1 AND 2 IN SECTION 1, T( RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCC
ENCINITAS, ACCORDING TO MAP THEREOF NO. 848, FILED PLAT THEREOF AND ALL THAT PORTION OF LOTS 3 AND
THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE 0
THE COUNTY RECORDER CF SAN DIEGO COUNTY, JUNE 27, 1
DESCRIBED AS A WHOLE AS FOLLOWS:
bo IR !a F
BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 31 SOUTHERLY LINE OF SAID SECTION 31, SOUTH 89O51'26" E
BEGINNING; THENCE RETRACING SOUTH 71°00'00" WEST, 1: THENCE NORTH 71000'00'1 EAST, 1545 .OO FEET TO TI
SOUTHERLY LINE OF SAID SECTION 31; THENCE ALONG SA NORTH 89051'26" WEST, 280.00 FEET TO THE SOUTHWES SECTION 31, BEING ALSO A POINT ON THE NORTHERLY LIN
1, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO E
JNSHIP 13 SOUTH, DING TO OFFICIAL
P OF RANCHO LAS IN THE OFFICE OF
98, ALL BEING IN CALIFORNIA, AND
THENCE ALONG THE ST, 280.00 FEET;
~ TRUE POINT OF
;5.00 FEET TO THE
D SOUTHERLY LINE CORNER OF SAID
9E AND MERIDIAN; OF SAID SECTION
578 v EXHIBIT "B"
Page 3 of 4
THENCE ALONG SAID NORTHERLY LINE NORTH 89O51'52" THE NORTHWEST CORNER OF LOT 2 IN SAID SECTION 1:
956.82 FEET TO ALONG THE WEST LINE OF SAID LOT 2, SOUTH 1094.53 FEET TO THE LOT 3 OF RANCHO LAS ENCINITAS; THENCE ALONG SA1 Y LINE OF SAID
75O47'10" WEST, 892.92 FEET TO THE NORTHWEST Y LINE SOUTH
THENCE ALONG THE WESTERLY LINE OF SAID LOT 3, SAID LOT 3;
340.00 FEET; THENCE LEAVING SAID WESTERLY LINE NO 32'35" EAST,
3350.00 FEET, MORE OR LESS TO THE CENTER LINE OF 7"30'00" EAST,
NO. 454 - KNOWN AS RANCHO SANTA FE ROAD - AS DESCR TY ROAD SURVEY
COUNTY OF SAN DIEGO, RECORDED JANUARY 21, 1930 IN IN DEED TO THE
DEEDS; THENCE NORTHERLY AND NORTHEASTERLY ALONQ 1737, PAGE 4 OF
LINE WHICH BEARS SOUTH 52°00'00'1 EAST FROM CENTERLINE TO A
BEGINNING; THENCE NORTH 52°00'00" WEST, 485.00 FE TRUE POINT OF
OF BEGINNING. 0 THE TRUE POINT
EXCEPTING THEREFROM THAT PORTION THEREOF LYI NORTHERLY AND
AFFECTS PARCEL NO. 255-030-09.
PARCEL C:
THAT PORTION OF LOTS 3, 4, 9 AND 10 OF RANCHO LAS NCINITAS, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING 0 MAP THEREOF NO.
JUNE 27, 1898, DESCRIBED AS FOLLOWS: 848, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
WESTERLY LINE OF SAID LOT 3, SOUTH 02O31'38" EAST, 40.00 FEET TO THE COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 3; THENCE ALONG THE
BOUNDARY SOUTH 02O31'38" EAST, 468.13 FEET TO THE N RTHWEST CORNER OF TRUE POINT OF BEGINNING; THENCE CONTINUING ALO 0 SAID WESTERLY
SAID LOT 10; THENCE ALONG THE WESTERLY LINE OF S ID LOT 10, SOUTH
03O29'27" EAST, 760.00 FEET; THENCE CONTINUING AL NO SAID WESTERLY
LINE SOUTH 03O29'27" EAST, 1869.70 FEET TO THE SO 1 HWEST CORNER OF SAID LOT 10, SAID CORNER BEING IN THE CENTER LINE ROAD,
EXHIBIT "B"
Page 4 of 4
5 79 -
A LINE WHICH BEARS NORTH 87O30'00" EAST, FROM THE TRUE POINT OF BEGINNING; THENCE SOUTH 67°30'00" WEST, 3350.00 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING.
NO. 2, CARLSBAD TRACT NO. 83-16, IN THE CITY OF CJIRLSBAD, COUNTY OF EXCEPTING THEREFROM LOTS 1 THROUGH 86 INCLUSIVE OF &ANTA FE RIDGE UNIT
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP HEREOF NO. 10857,
FEBRUARY 26, 1984.
AFFECTS PARCEL NOS. 255-031-24 AND 255-031-25.
T I
PARCEL D:
LOTS A, B, c AND 1 THROUGX 127 IYCLUSIVE, OF CMLSB+ TRACT NO. 88-03-
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP VHEREOF NO. 13385,
1, ARROYO LACOSTA, UNIT 1 (VILLAGE 1) , IN THE CITY OF CARLSBAD, COUNTY
DECEMBER 20, 1996.
FILED IN THE OFFICE OF THE COUNTY RECORDER OF AN DIEQO COUNTY,
PARCEL E:
LOTS 128 THROUGH 484 INCLUSIVE, OF CARLSBAD TRACT N LACOSTA, UNIT 2 (VILLAGES G, H, J, P, Q, R AND S CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA THEREOF NO, 13386, FILED IN THE OFFICE OF THE COUN DIEGO COUNTY, DECEMBER 20, 1996.
88-03-2, ARROYO IN THE CITY OF ACCORDING TO MAP RECORDER OF SAN