HomeMy WebLinkAboutCT 99-04; Real Estate Collateral Management Company; 2002-0164835; Petition & WaiverRECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Drive
Carlsbad, CA 92008
DOC # 2002-0164835
Space Above This Line for Recorder's Use
[ There are numerous parcel numbers
comprising this property I
PETITION, WAIVER AND CONSENT TO CREATION
OF A COMMUNITY FACILITIES DISTRICT
AND AGREEMENT TO PAY FAIR SHARE ("AGREEMENT")
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 Master Tentative Map CT 99-04
(hereinafter referred to as the "Project"); and,
WHEREAS, the legal description for the Project is shown on Exhibits "A-I"
and "A-2" attached hereto and incorporated herein by reference; and,
WHEREAS, City has determined this Project is located within the boundaries
of a proposed Community Facilities District known as Community Facilities District
1
an I/- 57'7
REV 02-1 2-97
0- 99-07 5
No. 2 - Rancho Santa Fe and Olivenhain Road (hereinafter referred to as "District" or
"CFD #2"); and,
WHEREAS, the 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,
WHEREAS, Condition No. 10 of Planning Commission Resolution No. 5020,
recommending approval of Master Tentative Map CT99-04 for the Villages of La
Costa, requires that the Property Owner comply with the Mitigation, Monitoring and
Reporting Program by providing for or participating in the construction of certain
public improvements including sections of Rancho Santa Fe Road; 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 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 met the
requirement set forth in the Villages of La Costa Mitigation, Monitoring and
Reporting Program Mitigation Measure 4.7-5, adopted pursuant to Condition #IO of
Planning Commission Resolution No. 5020, and as referenced in City Council
Resolution 2001 -31 8, to provide a financial guarantee for the construction of those
improvements described in Section 1 below; and,
2 REV 02-1 2-97
WHEREAS, Property Owner voluntarily enters into this Agreement with
respect to the Project; and,
WHEREAS, the City Council has determined that map conditions are sufficient
to insure that the road is constructed concurrent with the development and that
development of the Project can 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 the
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 referred to as
"Improvements") which are generally described as follows:
a) Rancho Santa Fe Road North Phase 1 (RSF No.1) La Costa
Avenue to east of Mahr Reservoir.
b) Olivenhain Road Widening, and intersection improvements at
Olivenhain and El Camino Real.
c) Rancho Santa Fe Road North Phase 2 (RSF No. 2) Phase 1 End
to Melrose Drive.
d) Rancho Santa Fe Road South (RSF So.) (Assumes Secondary
Arterial Standard - Encinitas City Boundary to Olivenhain Road Full Improvements.
3 REV 02-1 2-97
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,"
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 consent to and support 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 "B", 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 "B" attached
hereto and incorporated herein by reference.
d) Payment by Property Owner of its fair share of improvement
costs as determined by City Council and set forth herein will satisfy its obligation for
4 REV 02-1 2-97
the construction of the Improvements described in Section 1, as required by the
Villages of La Costa Mitigation, Monitoring and Reporting Program Mitigation
Measure 4.7-5 adopted pursuant to Condition #IO of Planning Commission
Resolution No. 5020 and City Council Resolution 2001-318 subject to adjustment
as described in Section 9 herein.
e) Alternatively, if the District is formed and the Project is included
within it, Property Owner's obligation to pay its fair share pursuant to the
Agreement shall be satisfied upon payment of all taxes imposed, established and
payable to said District.
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, Property 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 local facilities zone
plan(s), financing plans and related documents until a satisfactory financing program
has been developed to fund the construction of the Improvements described in
Section 1.
6. Property Owner hereby waives its right to challenge the amount,
establishment or imposition of said fair share and further waive 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 Master Tentative Map CT99-
04 by the City.
5 REV 02-1 2-97
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 et seq., 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
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 sufficient funds are not available from District's
resources, Property Owner shall be reimbursed, 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.
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
6 REV 02-1 2-97
these same Improvements, any amount remaining in the special fund may be
transferred to the CFD fund, at the discretion of the Finance Director.
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 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
7 REV 02-1 2-97
share of Equivalent Dwelling Units (EDUs) constructed or to be constructed by that
party, weighted as described in Exhibit B, 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 clearly indicating entitlement to the refund
unless the request is being made by the party who 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
parties 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 right to any refunds under this section is assigned to another
8 REV 02-1 2-97
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 to locate persons or entities that 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 Zones 6, 11 and 12 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 all applicable provisions of law, including but not
limited to Carlsbad Municipal Code Titles 18, 19, 20 and 21.
12. Compliance with the provisions of this Agreement is a condition of all
future discretionary approval for the Improvements. If 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.
9 REV 02-1 2-97
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 Owner's 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
mailing regardless of receipt by Property Owner. Notices required to be given to
Property Owner shall be addressed as follows:
Real Estate Collateral Management Company
c/o Morrow Development
ATTN: Fred Arbuckle
1903 Wright Place
Suite 180
Carlsbad, CA 92008
Notices to the City shall be delivered to:
Finance Director
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008
Each party shall notify the other immediately of any change that would require
any notice delivered hereunder to be directed to another party.
10 REV 02-1 2-97
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 it is Owner of the property as described herein on Exhibits "A-1" and
"A-2", or an authorized agent of the Owner, and has the authority to execute this
document, including the binding authorizations herein.
Executed this Tr/-t day of f'BLuh%y , 2002.
*OWNER:
REAL ESTATE COLLATERAL
MANAGEMENT COMPANY,
a Delaware Corporation
By: &*
(sign here)
Mayor z& rd A. IC& ffT
(print name) ATTEST:
(title and organization of signatory)
ity Clerk
(sign here)
(print name)
(title and organization of signatory)
11 REV 02-1 2-97
If required by City, proper notarial acknowledgment of execution by contractor 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
12
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
personally appeared u{ba 4- Ld & Name131 01 Signsrlrl
dersonally known to me
proved to me on the basis of SatiSfaCtOly
evidence
to be the person(s) whose name@) Mare
subscribed to the within instrument and
the same in hisiheritheir authorized
acknowledged to me that helshelthey executed
capacity(ies), and that by hisiheritheir
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
ted, executed the instrument.
rhough the infomation below is not required by law, it may prove valuable to persons relying on the document and could Prevent
fraudulent removal and reanachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
0 Individual
0 Corporate Officer - Title@):
0 Partner - 0 Limited 0 General
0 Attorney-in-Fact
0 Trustee
0 Guardian or Conservator
Other:
Signer Is Representing:
e 19~9 ~abonal ~ofary ~rroemamn. mso De smtfo we , PO Box 2402. ChativOnh. CA 01313~2602. ww nanonslnna~arg Pmd No. 5907 Reorder: Call Toll-Fme (-8M8766827
LEGAL DESCRIPTION
EXHIBIT A-I
EXHIBIT A-2
(see following pages)
(remainder of this page intentionally left blank)
EXHIBIT A-I
Page 1 OrderNo. 13066271
La Costa Rid e DESCFUPTIO~
THOSE PARCELS OF LAND SHOWN AND DELINEATED ON THE COUNTY OF SAN DIEGO ASSESSOR'S
MAP BEING 223-050-43, 223-050-49 AND 223-010-31 AND LYING WITHIN THE FOLLOWING
DESCRIBED PROPERTY: r
PARCEL BB:
THAT PORTION OF THE WEST HALF OF SECTION 32; AND NORTH HALF OF SECTION 31; ANI)
THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 30, ALL BEING IN
NORTHEAST QUARTER OF SECTION 36, IN TOWNSHIP 12 SOUTH, RANGE 4 WEST, IN THE
TOWNSHIP 12 SOUTH, PANGE 3 WEST; TOGETHER WITH THE NORTHEAST QUARTER OF THE
DESCRIBED AS FOLLOWS:
COUNTY OF SAN DIEW, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF
BEGINNING AT THE NORTHWFST CORNER OF SAID WEST HALF; THENCE SOUTH 89'53'42" EAST
ALONG THE NORTH LINE OF SAID WEST HALF, 2689.53 FEET TO THE NORTHEAST CORNER
THEREOF; THBNCE SOUTH 00°36'38'g WEST ALONG THE EAST LINE OF SAID WEST HALF,
3120.35 FEET TO A POINT ON THE SOUTHWESTERLY RIGHT OF WAY LINE OF A 200.00 FOOT
SAN DIEGO GAS AND ELECTRIC EASEMENT, RECORDED APRIL 19, 1954 IN BOOK 5208, PAGE
399 OF OFFICIAL RECORDS OF SAID SAN DIEW COUNTY; THENCE LEAVING SAID EAST LINE
AND ALONG SAID EASEMENT LINE, NORTH 64O13'23" WEST, 2226.43 FEET; THENCE SOUTH
SOUTHWESTERLY MEASURED AT RIGHT ANGLES AND PAWLLLEL WITH SAID SOUTHWESTERLY
72'08'00" WEST, 65.20 FEET TO A POINT ON A LINE, SAID BEING 45.00 FEET
RIGHT OF WAY LINE OF A 200.00 FOOT SAN DIEW GAS AND ELECTRIC COMPANY EASEI";
THENCE NORTH 64O13'23" WEST ALONG SAID PARALLEL LINE, 1583.36 FEET TO A POINT ON
THE SOUTHEASTERLY BOUNDARY LINE OF LA COSTA VALE UNIT NO. 3, IN THE CITY OF
CARLSBAD, COuNTi OF SAN DIEW, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO.
1974; THENCE NORTH 31°00'00" EAST ALONG SAID BOUNDARY LINE, 45 -19 FEET TO THE
7950, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEW COUNTY, JUNE 3,
NORTHEAST CORNER OF SAID MAP NO. 7950; THENCE NORTH 64'13'23" WEST ALONG THE
NORTHEASTERLY BOUNDARY LINE OF SAID MAP NO. 7950, A DISTANCE OF 1326.91 FEET;
THENCE SOUTH 43°30'00" WEST 477.50 FEET TO THE BEGINNING OF A NON-TANGENT 1720.00
FOOT. RADIUS mVE, CONCAVE NORTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS
SOUTH 43°30'00" WEST; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 02°50'00" A DISTANCE OF 85.06 FEET; THENCE TANGENT TO SAID CURVE NORTH
43'40' WEST 445.15 FEET TO THE BEGINNING OF A TANGENT 455.00 FOOT RADIUS CURVE,
CONCAVE SOUTHERLY; THENCE NORTHWESTERLY, WESTERLY AND SOUTHWESTERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 96°50'00" A DISTANCE OF 768.98 FEET; THENCE
TANGENT TO SAID CURVE SOUTH 39°30'00" WEST 153.51 FEET TO THE BEGINNING OF A
TANGENT 780.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 08O59'38" A DISTANCE OF 122.44 FEET
TO A POINT ON THE NORTHERLY BOUNDARY OF CARLSBAD TRACT NO. 72-20, UNIT NO. 2, IN
THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING OT MAP
THEREOF NO. 7779, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEW
COUNTY, OCTOBER 26, 1973; THENCE LEAVING SAID MAP NO. 7950 AND ALONG THE
BOUNDARY OF SAID MAP NO. 7779, NON-TANGENT TO SAID CURVE NORTH 7l000'00" WEST
269.16 FEET; THENCE NORTH 44°00'00' WEST 965.00 FEET; THENCE NORTH 71'13'23" WEST
276.62 FEET; THENCE SOUTH 77O46'50" WEST 290.25 FEET; THENCE NORTH 59°50'00" WEST
230.00 FEET; THENCE SOUTH 28°20'30" WEST 436.00 FEET; THENCE SOUTH 18O27'30" EAST
121.23 FEET; THENCE SOUTH 83°40'00" WEST 114.59 FEET; THENCE SOUTH 14°40'00" WEST
300.00 FEET; THENCE SOUTH 00°24"13" WEST 110.03 FEET TO THE INTERSECTION WITH THE
218.11 FEET; THENCE SOUTH 25°03'28" WEST 165.00 FEET; THENCE NORTH 64O56'32" WEST
ELECTRIC COMPANY, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
SOUTHWESI"I'RLY LINE OF THAT CERTAIN 100.00 FOOT EASEMENT-TO SAN DIEGO GAS
COW. APRIL 19, 1954 IN BOOK 5208, PAGE 403 OF OFFICIAL RECORDS; THENCE
EXHIBIT A-I
Page, 2 DESCRIPTION OrderNo. 13066271
LEAVING SAID BOUNDARY OF SAID MAP NO. 7779 AND ALONG THE SOUTHWESTERLY BOUNDARY
OF SAID EASEMENT NORTH 64O56'32" WEST TO.THE MOST SOUTHERLY CORNER OF WSBAD
TRACT NO. 75-4 (LA COSTA ESTATES NORTH), IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 8302, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 5, 1976; THENCE LEAVING
SAID EASEMENT ALONG THE EASTERLY BOUNDARY THEREOF NORTH 25003'28'' EAST 100-00
FEET; THENCE NORTH 03°02'10" WEST 495.00 FEET; THENCE NORTH 20°25'10" EAST 280.00
FEET; THENCE NORTH 0S030'00" WEST 130.00 FEET; THENCE NORTH 36O55'10" EAST 345.00
FEET; THENCE NORTH 52°15'00" EAST'160.00 FEET TO A POINT IN THE BOUNDARY OF
PARCEL MAP NO. 10179, IN THE CITY OF CARLSBAD, COUNTY SAN DIEGO, STATE OF
CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEM COUNTY, JUNE
OF MAP NO. 8302 AND ALONG THE SOUTHERLY BOUNDARY OF SAID PARCEL MAP NO. 10179,
27, 1980 AS FILE NO. 80-204502 OF OFFICIAL RECORDS; THENCE LEAVING SAID BOUNDARY
SOUTH 26O58'00" EAST 346.13 FEET; THENCE NORTH 89°43'11" EAST 880.46 FEET; THENCE
SOUTH 42°13'10" EAST 281.25 FEET; THENCE SOUTH 49O46'54" EAST 170.00 FEET; THENCE
SOUTH 42O42'30" EAST 530.00 FEET; THENCE NORTH 66'24"35" EAST 174.50 FEET; THENCE
NORTH 89O58'20" EAST 145.00 FEET; THENCE NORTH 34°29'10" EAST 309.50 FEET; THENCE
SOUTH 74°00'21" EAST 145.50 FEET; THENCE NORTH 41°27'00" EAST 113.50 FEET; THENCE
NORTH 47O25'05" EAST 129.10 FEET TO THE INTERSECTION WITH THE NORTHERLY LINE OF
SOUTH 85"44'40" EAST 271.00 FEET; THENCE NORTH 31057'15" EAST 330.00.FEET; THENCE
SAID SECTION 31; THENCE ALONG THE NORTHERLY BOUNDARY THEREOF NORTH 89O43'11" EAST
2607.74 FEET TO THE TRUE POINT OF BEGINNING.
TOGETHER WITH THAT PORTION OF SECTION 25 TOWNSHIP 12 SOUTH RANGE 4 WEST, SAN
BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
TO TWE OFFICIAL PLAT THEREOF LYING SOUTHEASTERLY OF THE SOUTHEASTERLY BOUNDARY
OF SAID MAP NO. 8302.
EXCEPTING THEREFROM THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 32,
TOWNSHIP 12 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, DESCRIBED
AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER OF SECTION 32;
THENCE ALONG THE EASTERLY LINE OF SAID NORTHWEST QUARTER, SOUTH 0'36'31" WEST,
950.65 FEET; THENCE SOUTH 31O28'50" WEST 341.61 FEET; THENCE SOUTH 58'42'49''
WEST, 456.37 FEET; THENCE NORTH 76O12'27" WEST 230.37 FEET TO THE TRUE POIN'FOF
BEGINNING; THENCE NORTH OO36'31" EAST, 77.00 FEET; THENCE NORTH 89'23'29'' WEST,
EAST, 68.28 FEET; THENCE SOUTH 55O28'26" EAST 34.95 FEET; THENCE SOUTH 67°10'26"
350.00 FEET; THENCE SOUTH OO36'31" WEST, 265.00 FEET; THENCE SOUTH 46O28'07"
EAST, 76.69 FEET; THENCE SOUTH 89O23'29" EAST, 110.00 FEET; THENCE NORTH
TRUE POINT OF BEGINNING; THENCE ALONG SAID LINE, NORTH OO36'31" EAST, 263.00 FEET
78O04'47" EAST, 92.20 FEET TO A LINE WHICH BEARS SOUTH 0'36'31" WEST FROM "HE
TO THE TRUE POINT OF BEGINNING.
ALSO EXCEPTING THEREFROM THAT PORTION OF THE NORTHERLY HALF OF SECTION 32,
TOWNSHIP 12 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, DESCRIBED AS
FOLLOWS :
LINE THEREOF SOUTH 89O53'42" EAST 496.36 FEET; THENCE LEAVING SAID NORTH LINE
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 32; THENCE ALONG THE NORTH
SOUTH 0'06'18" WEST, 210.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH
89'53'42'' EAST, 237.57 FEET TO THE BEGINNING OF A 470 FOOT RADIUS CURVE, CONCAVE
OF 36'03'42'' A DISTANCE OF 295.82 FEET; THENCE TANGENT TO SAID CURVE SOUTH
SOUTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTPAL ANGLE
EXHIBIT A-I
Page 3 DESCRIPTION OrderNo. 13066271
53050'00" EAST, 386.84 FEET; THENCE SOUTH 35°24'00" WEST, 30.75 FEET; THENCE
THENCE SOUTH OOoOO'OO" WEST, 81.00 FEET; THENCE SOUTH 72O49'00" WEST, 288.60
SOUTH 63O42'00" EAST, 424.18 FEET; THENCE SOUTH 76°40'00" EAST, 288.30 FEET;
FEET; THENCE NORTH 89O32'30" WEST, 628.00 FEET; THENCE SOUTH 87°08'00" WEST,
618.80 FEET; THENCE NORTH 47'36'00" WEST, 187.00 FEET; THENCE NORTH 2'56'00''
EAST, 166.20 FEET; THENCE NORTH 20"05'30" EAST, 530.37 FEET TO THE TRUE POINT OF
BEGINNING.
ALSO EXCEPTING THEREFROM THAT PORTION OF SECTION 31, TOWNSHIP 12 SOUTH, RANGE 3
WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLMWS:
COMMENCING AT THE SOUTHEAST CORNER OF PARCEL 3 OF PARCEL MAP NO. 10179 ON FILE
IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, STATE OF CALIFORNIA,
BEING THE SOUTHEAST CORPORATION OF SECTION 30 AS SHOWN ON SAID PARCEL MAP;
THENCE SOUTH 89°43'11" WEST ALONG THE SOUTHERLY LINE OF SAID PARCEL 3, A DISTANCE
OF 48.19 FEET TO A POINT ON THE SOUTHEASTERLY RIGHT OF WAY LINE OF ROAD SURVEY
NO. 454, ON FILE IN THE OFFICE OF THE COUNTY ENGINEER OF SAID SAN DIEGO COUNTY;
THENCE LEAVING SAID SOUTHERLY LINE AND ALONG SAID RIGHT OF WAY LINE SOUTH
RIGHT OF WAY LINE NORTH 89'43'11'' EAST, 145.34 FEET TO A POINT ON THE
31°32'16" WEST 247.14 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID
NORTHWESTERLY RIGHT OF WAY LINE OF PROPOSED RANCHO SANTA FE DRIVE; THENCE ALONG
OF A TANGENT 1137 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY
SAID NORTHWESTERLY RIGHT OF WAY SOUTH 12O22'42" WEST, 22.51 FEET TO THE BEGINNING
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 7O1'27" A DISTANCE OF
WEST, 172.47 FEET TO A POINT ON SAID SOUTHWESTERLY RIGHT OF WAY LINE; THENCE
144.68 FEET; THENCE LEAVING SAID NORTHWESTERLY RIGHT OF WAY LINE NORTH 69°00'00"
NORTH 31O32'16" EAST, 115.50 FEET TO THE TRUE POINT OF BEGINNING.
AFFECTS PARCEL NOS. 223-050-43, 223-050-49, 223-010-31
NOTE: THIS PARCEL IS DESCRIBED IN A MANNER NOT NORMALLY USED BY TITLE INSURERS,
AS A CONVENIENCE TO OUR CUSTOMERS, THEREFORE, IT IS IMPORTANT T'HAT THIS
DESCRIPTION NOT BE INCLUDED IN ANY CONVEYANCES, AS IT IS NOT INSURABLE.
PARCEL DD:
MAPS BEING 223-010-12,223-010-18.223"19,
THOSE PARCELS OF LAND SHOWN AND DELINEATED ON THE COUNTY OF SAN DIEGO ASSESSOR'S
223-010-27,223-010-2~,223-010-29,223-010-32,223-010-33,
223-010-34,223-010-35,223-010-37, 223-021-09.223-021-10.223-021-12',223-021-15,
PROPERTY :
223-021-16, 222-470-23 AND 222-470-25 AND LYING WITH THE FOLLOWING DESCRIBED
PARCELS 3 AND 4 OF PARCEL MAP NO. 10179, IN THE CITY OF CARLSBAD, COUNTY OF SAN
.DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, JUNE 17, 1980 AS FILE NO. 80-204502 OF OFFICIAL RECORDS.
TOGETHER WITH THAT PORTION DELINEATED AND DESIGNATED "NOT A PART" ON SAID PARCEL
MAP.
NO. 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
EXCEPTING THEREFROM THAT PORTION LYING WITHIN CARLSBAD TRACT NO. 79-25(B) UNIT
ACCORDING TO MAP THEREOF NO. 10243, FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO COUNTY, OCTOBER 20. '1981.
EXHIBIT A-I
Page 4 OrderNo. 13066271 DESCRIPTION
ALSO EXCEPTING THEREFROM THOSE PORTIONS LYING WITHIN CARLSBAD TRACT NO. 79-25(B)
ACCORDING TO MAP THEREOF NO. 10820, FILED .IN THE OFFICE OF THE COUNTY RECORDER
PHASE VI, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
OF SAN DIEGO COUNTY, JANUARY 13, 1984 AND CARLSBAD TFACT NO. 84-23, IN THE CITI
OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF
NO. 11241, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTI, MAY
22, 1985.
EXCEPTING THEREFROM THAT PORTION LYING WITHIN RECORD OF SURVEY NO. 9182, IN THE
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 28, 1982 AS FILE NO.
CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE
82-332144 OF OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM THAT PORTION OF SAID PARCEL MAP NO. 10179 LYING
NORTHEASTERLY OF THE CENTER LINE OF THAT CERTAIN RIGHT OF WAY AS DESCRIBED IN
DEED TO THE COUNTY, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, APRIL 7, 1966 AS FILE NO. 58549 OF OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS:
MAP THEREOF NO. 6095 ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COMMENCING AT THE SOUTHEAST CORNER OF LA COSTA MEADOWS, UNIT NO. 2, ACCORDING TO
EL FUERTE STREET AS SHOWN ON SAID MAP NO. 6905; THENCE NORTH 68O13'07" EAST
COUNTY, SAID SOUTHEAST CORNER BEING A POINT ON THE SOUTHEASTERLY RIGHT OF WAY OF
1536.70 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 68°01'10's EAST 99.51
FEET; THENCE SOUTH 51°54'40" EAST 141.03 FEET; THENCE SOUTH 22O52'25" WEST 191.85
FEET; THENCE SOUTH 57°13'00" WEST 73.07 FEET; THENCE NORTH 83O46'00" WEST 185.97
FEET; THENCE NORTH 34O25'48" WEST 144.00 FEET; THENCE NORTH 55O34'12" EAST 100.00
FEET TO THE BEGINNING OF A TANGENT 322-FOOT RADIUS CURVE CONCAVE NORTHWESTERLY;
THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
33O35'22" A DISTANCE OF 188.77 FEET TO THE TRUE POINT OF BEGINNING.
AFFECTS PARCEL NOS. 223-010-12.223-010-18.223-010-19.223-010-27.223-010-28,
223-010-29.223-010-32.223-010-33.223-010-34.223-010-35.223-010-37.223-021-09~
223-021-10,223-021-12,223-021-15 AND 223-021-16;222-470-25 AND 222-470-23
NOTE: THIS PARCEL IS DESCRIBED IN A MANNER NOT NORMALLY USED BY TITLE INSURERS,
AS A CONVEYANCE TO OUR CUSTOMERS. THEREFORE, IT IS IMPORTANT THAT THIS
DESCRIPTION NOT BE INCLUDED IN ANY CONVEYANCES, AS IT IS NOT INSURABLE.
PARCEL EE:
PARCEL 2 OF PARCEL MAP NO. 13900, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEDO.
STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, AUGUST 6, 1985 AS FILE NO. 85-281626, OF OFFICIAL RECORDS.
AFFECTS PARCEL NO. 222-151-80.
EXHIBIT A-2
Page 1 OrderNo. 13066273
PARCEL X:
La Costa Oaks DESCRIPTION
LOT 5 AND THE WEST HALF OF LOT 6 AND LOT 8 OF RANCHO LAS ENCINITAS, IN THE CITY
OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF
NO. 848, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE
27, 1898.
EXEPTING THEREFROM THAT PORTION LYING WITHIN CARLSBAD TRACT NO. 75-9(B) UNIT NO.
2, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
TO MAP THEREOF NO. 9959, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEW
COUNTY, DECEMBER 31, 1980 AND THAT PORTION LYING SOUTHERLY AND SOUTHWESTERLY OF
THE SOUTHERLY BOUNDARY THEREOF.
ALSO EXCEPTING THEREFROM THAT PORTION LYING WITHIN PARCEL MAP NO. 13524, IN THE
CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 25, 1984 AS FILE NO.
84-403293 OF OFFICIAL RECORDS, AND THAT PORTION THEREOF LYING SOUTHERLY OF THE
SOUTHERLY BOUNDARY THEREOF.
ALSO EXCEPTING THEREFROM THAT PORTION LYING NORTHWESTERLY ON THE FOLLOWING
DESCRIBED LINE :
BEGINNING AT THE MOST EASTERLY TERMINUS OF THE CENTERLINE OF LA COSTA AVENUE AS
SHOWN ON HEREINBEFORE MENTIONED PARCEL MAP NO. 13524; THENCE NORTH 55°00'00" EAST
THENCE NORTHEASTERLY ALONG SAID CURVE TO THE NORTHERLY LINE OF HEREINBEFORE
200.89 FEET TO THE BEGINNING OF A 1000.00 FOOT RADIUS CURVE NORTHWESTERLY;
MENTIONED LOT 5 OF RANCHO LAS ENCINITAS.
AFFECTS PARCEL NOS. 223-060-15, 223-060-49 AND 264-222-03.
PARCEL AA:
THE WEST HALF OF SECTION 32 AND THE EAST HALF OF SECTION 31, ALL BEING IN
TOWNSHIP 12 SOUTH, WGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO
OFFICIAL PLAT THEREOF, ALL BEING IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA.
EXCEPTING THEREFORM THAT PORTION OF THE EAST HALF OF SAID SECTION 31, ALL THAT
TRACT NO. 72-20 (LA COSTA VALE) UNIT NO. 3, IN THE CITY OF CARLSBAD, COUNTY OF
PORTION THEREOF LYING NORTHWESTERLY OF THE SOUTHEASTERLY BOUNDARY OF CARLSBAD
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JLNE 3, 1974.
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 7950, FILED IN THE
ALSO EXCEPTING THEREFROM ALL THAT PORTION THEREOF LYING NORTHEASTERLY OF THE
FOLLOWING DESCRIBED LINE:
BEGINNING AT THE NORTHWEST CORNER OF SAID WEST ONE HALF OF SAID SECTION 32;
THENCE SOUTH 89O53'42" EAST ALONG THE NORTH LINE OF SAID WEST ONE HALF, 2689.53
FEET TO THE NORTHEAST CORNER THEREOF; THENCE SOUTH 00°36'38" WEST ALONG THE EAST
OF WAY LINE OF A 200.00 FOOT SAN DIEGO GAS AND ELECTRIC COMPANY EASEMENT IN BOOK
LINE OF SAID WEST ONE HALF, 3120.35 FEET TO A POINT ON THE SOUTHWESTERLY RIGHT
TRUE POINT OF BEGINNING; THENCE LEAVING SAID EAST LINE AND ALONG SAID EASEMENT
5208, PAGE 399 OF THE OFFICIAL RECORDS OF SAID SAN DIEW COUNTY AND BEING THE
LINE, NORTH 64O13'32" WEST, 2226.43 FEET; THENCE SOUTH 72°08'00" WEST, 65.20 FEET
TO A POINT ON A LINE, SAID LINE BEING 45.00 FEET SOUTHWESTERLY, MEASURED AT
EXHIBIT A-2
Page 2 DESCRIPTION Order No. 13066273
RIGHT ANGLES AND PAR?&LEL WITH SAID SOUTHWESTERLY RIGHT OF WAY LINE OF 200.00
FOOT SAN DIEGO GAS AND ELECTRIC COMPANY EASEMENT; THENCE NORTH 64°13'23" WEST
ALONG SAID PARALLEL LINE, 1583.36 FEET TO A POINT ON THE SOUTHEASTERLY BOUNDARY
LINE OF SAID MAP NO. 7950; THENCE CONTINUING ALONG SAID PARALLEL LINE NORTH
SAID INTERSECTION BEING THE POINT OF TERMINUS.
64"13'23" WEST TO THE INTERSECTION WITH THE NORTHERLY LINE OF SAID SECTION 31,
ALSO EXEPTING THEREFROM ALL THAT PORTION THEREOF LYING SOUTHWESTERLY OF THE
FOLLOWING LINE :
BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID CARLSBAD TRACT NO. 72-20 AS SHOWN
ON MAP NO. 7950, SAID CORNER BEING A POINT ON THE ARC OF A NON-TANGENT 1230.00
FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, A RADIAL TO SAID POINT BEARS NORTH
CARLSBAD TRACT NO. 72-20, THE FOLLOWING COURSES:
51O54'08" WEST; THENCE CONTINUING ALONG THE SOUTHEASTERLY BOUNDARY LINE OF
DISTANCE OF 312.99 FEET, NORTH 38°50'03" EAST, 31.80 FEET TO THE BEGINNING OF A
NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 14°34'46" A
TANGENT 1480.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE NORTHERLY ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 7O19'57" A DISTANCE OF 189.40
FEET; THENCE NORTH 46°10'00" EAST, 1057.78 FEET TO THE POINT OF BEGINNING; THENCE
LEAVING SAID SOUTHEASTERLY BOUNDARY LINE SOUTH 43"50'00" EAST, 1685.42 FEET;
THENCE SOUTH 53O39'32" EAST, 42.00 FEE TO A POINT ON THE ARC OF A NON-TANGENT
CURVE, CONCAVE NORTHWESTERLY A RADIAL LINE TO SAID POINT BEARS SOUTH 53O39'32"
EAST; THENCE SOUTHWESTERLY ALONG SAID CURVE TO THE INTERSECTION WITH THE
SOUTHERLY LINE OF SAID SECTION 31, SAID INTERSECTION BEING THE POINT OF
TERMINUS.
ALSO EXCEPTING THE INTEREST CONVEYED TO THE COUNTY OF SAN DIEGO BY DEED RECORDED
PORTIONS DESCRIBED AS FOLLOWS:
FEBRUARY 16, 1967 AS FILE NO. 21426 OF OFFICIAL RECORDS, LYING WITHIN THOSE
PARCEL 66398-A:
THAT PORTION OF SECTION 31, TOWNSHIP 12 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE
AND MERIDIAN, LYING WITH A STRIP OF LAND 60 FEET WIDE, 30 FEET ON EACH SIDE OF
THE FOLLOWING DESCRIBED CENTER LINE:
COMMENCING AT THE POINT OF INTERSECTION OF THE CENTER LINE OF ROAD SURVEY NO.
454, A PLAT OF WHICH IS ON FILE IN THE OFFICE OF THE COUNTY ENGINEER, WITH THE
NORTH LINE OF SAID SOUTHEAST QUARTER BEING DISTANT ALONG SAID NORTH LINE 721.98
FEET FROM THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER, SAID POINT BEING
ENGINEER'S STATION 194 PLUS 74.85, POINT ON A 1000 FOOT RADIUS CURVE, CONCAVE
EASTERLY ON SAID CENTER LINE; THENCE ALONG SAID CENTER LINE IAS FOLLOWS:
SOUTHERLY ALONG SAID 1000 FOOT RADIUS CURVE, 36.54 FEET AND TANGENT TO SAID
CURVE SOUTH 7"22' EAST, 12.41 FEET TO THE POINT OF BEGINNING AND THE BEGINNING OF
A 1200 FOOT RADIUS CURVE, THE CENTER OF WHICH BEARS SOUTH 82O38' WEST FROM SAID
POINT; THENCE LEAVING SAID CENTER LINE SOUTHWESTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 71°51', A DISTANCE OF 1504.47 FEET TO ENGINEER'S STATION 210
PLUS 87.12 POINT OF TERMINATION ON THE CENTER LINE OF SAID ROAD SURVEY NO. 454.
PARCEL 66398-B:
THAT PORTION OF SAID SOUTHEAST QUARTER LYING SOUTHERLY OF PARCEL 66398-A
EXHIBIT A-2
Page 3 OrderNo. 13066273 DESCRIPTION
HEREINABOVE DESCRIBED, AND NORTHERLY OF SAID ROAD SURVEY NO. 454.
ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO MAG PROPERTIES, A CALIFORNIA
GENERAL PARTNERSHIP, BY DEED RECORDED FEBRUARY 1, 1990 AS FILE NO. 90-057460 OF
OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THAT PORTION OF SECTION 31, TOWNSHIP 12 SOUTH, RANGE 3 WEST, SAN BERNARDINO
MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA
DISCRIBED AS FOLLOWS:
COMMENCING AT THE MOST EASTERLY CORNER OF LOT 494 OF MAP NO. 7950, ON FILE IN
THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, SAID POINT BEING ON
THE WESTERLY RIGHT OF WAY LINE OF RANCHO SANTA FE ROAD AS SHOWN ON SAID MAP NO.
7950; THENCE SOUTH 31°00'00" WEST, 46.04 FEET; THENCE SOUTH 59°00'00" EAST, 71.00
FEET TO A POINT ON THE EASTERLY BOUNDARY LINE OF SAID MAP SAID POINT BEING ON A
NON-TANGENT 1520.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY THENCE
SOUTHWESTERLY ALONG THE ARC OF SAID CURVE AND SAID BOUNDARY LINE THROUGH A
CENTRAL ANGLE OF 9O19'02". A DISTANCE OF 247.18 FEET TO THE TRUE POINT OF
BEGINNING, SAID POINT BEING ON A NON-TANGENT 700.00 FOOT RADIUS REVERSING CURVE,
CONCAVE EASTERLY; A RADIAL LINE TO SAID POINT BEARS NORTH 73O26'32" WEST, THENCE
OF 26"43'55", A DISTANCE OF 326.59 FEET; THENCE SOUTH 10°10'27" EAST, 474.67 FEET
SOUTHERLY ALONG THE ARC OF SAID 700.00 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE
TO A POINT ON A NON-TANGENT 2400.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY;
THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
RADIUS CURVE, CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH
15O24'49", A DISTANCE OF 645.64 FEET TO A POINT ON A NON-TANGENT 1170.00 FOOT
31OJ.7'17" EAST, THENCE SOUTHWESTERLY ALONG THE ARC OF SAID 1170.00 CURVE THROUGH
A CENTRAL ANGLE OF 6O14'41", A DISTANCE OF 127.52 FEET; THENCE SOUTH 25O02'36"
EAST, 60.00 FEET TO A POINT ON A NON-TANGENT 1230.00 FOOT RADIUS CURVE, CONCAVE
NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 25'02'36'' EAST, THENCE
NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 22O45'14", A
DISTANCE OF 488.47 FEET TO A POINT ON A NON-TANGENT 2400.00 RADIUS CURVE,
CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 33O56'33" EAST
THENCE NORTHEASTERLY ALONG THE ARC OF SAID 2400.00 FOOT RADIUS CURVE THROUGH A
CENTRAL ANGLE OF 7"35'06", A DISTANCE OF 317.72 FEET; THENCE SOUTH 41°31'39"
WEST, 501.00 FEET; THENCE SOUTH 31O16'32" EAST 62.63 FEET TO A POINT ON A
EAST, 63.00 FEET; THENCE SOUTH 64O50'25" EAST 265.09 FEET; THENCE SOUTH 28°21'27"
NON-TANGENT 700.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE
DISTANCE OF 371.00 FEET; THENCE SOUTH 28O21'27" WEST, 470.00 FEET TO THE
SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 30°22'01", A
BEGINNING OF A 1000.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE
SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 7059'01", A
DISTANCE OF 139.34 FEET; THENCE NORTH 53O39'32" WEST, 42.00 FEET; THENCE NORTH
43°50'00" WEST, 1685.42 FEET; THENCE NORTH 46°10'00" EAST, 465.58 FEET TO THE
BEGINNING OF A TANGENT 1520.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, THENCE
NORTHEASTERLY ALONG THE ARC OF SAID CURm THROUGH A CENTRAL ANGLE OF 5°50'58", A
DISTANCE OF.155.18 FEET, TO THE TRUE POINT OF BEGINNING.
AFFECTS PARCEL NOS. 223-050-67 AND 223-050-69; 223-071-05 AND 223-071-07.
PARCEL BB:
THOSE PARCELS OF LAND SHOWN AND DELINEATED ON THE SAN DIEGO COUNTY ASSESSOR'S
MAPS BEING PARCEL 223-050-51, 223-050-52, 223-050-53, 223-050-54, 223-050-59,
223-050-65 AND 223-071-09 LYING WITHIN THE FOLLOWING DESCRIBED PROPERTY:
Page 4 Order No. 13066273
EXHIBIT A-2
DESCRIPTION
THAT PORTION OF THE WEST HALF OF SECTION 32; AND THE NORTH HALF OF SECTION 31;
AND THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 30, ALL BEING IN
TOWNSHIP 12 SOUTH, RANGE 3 WEST; TOGETHER WITH THE NORTHEAST QUARTER OF THE
NORTHEAST QUARTER OF SECTION 36, IN TOWNSHIP 12 SOUTH, RANGE 4 WEST, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF DESCRIBED
AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID WEST HALF; THENCE SOUTH 89O53'42" EAST
ALONG THE NORTH LINE OF SAID WEST HALF, 2689.53 FEET TO THE NORTHEAST CORNER
THEREOF; THENCE SOUTH 00°36'38" WEST ALONG THE EAST LINE OF SAID WEST HALF,
3120.35 FEET TO A POINT ON THE SOUTHWESTERLY RIGHT OF WAY LINE OF A 200.00 FOOT
SAN DIEGO GAS AND ELECTRIC EASEMENT, RECORDED APRIL 19, 1954 IN BOOK 5208, PAGE
AND ALONG SAID EASEMENT LINE NORTH 64°13'23" WEST, 2226.43 FEET; THENCE SOUTH
399 OF OFFICIAL RECORDS OF SAID SAN DIEGO COUNTY; THENCE LEAVING SAID EAST LINE
72°08'00" WEST, 65.20 FEE TO A POINT ON A LINE, SAID LINE BEING 45.00 FEET
RIGHT OF WAY LINE OF A 200.00 FOOT SAN DIEGO GAS AND ELECTRIC COMPANY EASEMENT;
SOUTHWESTERLY MEASURED AT RIGHT ANGLES AND PARALLEL WITH SAID SOUTHWESTERLY
THENCE NORTH 64°13'23" WEST ALONG SAID PARALLEL LINE 1583.36 FEET TO A POINT ON
THE SOUTHEASTERLY BOUNDARY LINE OF LA COSTA VALE UNIT NO. 3, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO.
7950, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 3,
NORTHEAST CORNER OF SAID MAP NO. 7950; THENCE NORTH 64O13'23" WEST ALONG THE
1974; THENCE NORTH 31°00'00" EAST ALONG SAID BOUNDARY LINE, 45.19 FEET TO THE
NORTHEASTERLY BOUNDARY LINE OF SAID MAP NO. 7950, A DISTANCE OF 1326.91 FEET;
THENCE SOUTH 43°30'00" WEST 477.59 FEET TO THE BEGINNING OF A NON-TANGENT 1720.00
FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS
ANGLE OF 02°50'00" A DISTANCE OF 85.06 FEET; THENCE TANGENT TO SAID CURVE NORTH
SOUTH 43°30'00'q WEST; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL
43O40' WEST 445.15 FEET TO THE BEGINNING OF A TANGENT 455.00 FOOT RADIUS CUR=,
CONCAVE SOUTHERLY; THENCE NORTHWESTERLY, WESTERLY AND SOUTHWESTERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 96°50'00" A DISTANCE OF 768.98 FEET; THENCE
TANGENT TO SAID CURVE SOUTH 39°30'00" ,W 153.51 FEET TO THE BEGINNING OF A
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 08O59'38" A DISTANCE OF 122.44 FEET
TANGENT 780.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY
TO A POINT OF THE NORTHERLY BOUNDARY OF CARLSBAD TRACT NO. 72-2 0, UNIT NO. 2, IN
THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF N0.7779, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
OCTOBER 26, 1973; THENCE LEAVING SAID MAP NO.7950 AND ALONG THE BOUNDARY OF SAID
MAP NO. 7779, NON-TANGENT TO SAID CURVE NORTH 71°00'00" WEST 269.16 FEET; THENCE
NORTH 44°00'00" WEST 965.00 FEET; THENCE NORTH 71°13'23" WEST 276.62 FEET; THENCE
SOUTH 77O46'50" WEST 290.25 FEET; THENCE NORTH 59°50'00" WEST 121.23 FEET; THENCE
SOUTH 83°40'00" WEST 114.59 FEET; THENCE SOUTH 14°40'00" WEST 230.00 FEET; THENCE
SOUTH 28O20'30" WEST 436.00 FEET; THENCE SOUTH 18°27'30" EAST 218.11 FEET; THENCE
SOUTH 25'03'28'' WEST 165.00 FEET; THENCE NORTH 64056'32" WEST 300.00 FEET; THENCE
OF THAT CERTAIN 100.00 FOOT EASEMENT TO SAN DIEGO GAS AND ELECTRIC COMPANY,
SOUTH 00°24'13" WEST 110.03 FEET TO THE INTERSECTION WITH THE SOUTHWESTERLY LINE
BOOK 5208, PAGE 403 OF OFFICIAL RECORDS, THENCE LEAVING SAID BOUNDARY OF SAID
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 19,1954 IN
MAP N0.7779 AND ALONG THE SOUTHWESTERLY BOUNDARY OF SAID EASEMENT NORTH 64'56'32''
WEST TO THE MOST SOUTHERLY CORNER OF CARLSBAD TRACT NO. 75-4 (LAA COSTA ESTATES
NORTH), IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 8302, FILED IN THE OF OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO COUNTY, MAY 5, 1976; THENCE LEAVING SAID EASEMENT ALONG THE
EASTERLY BOUNDARY THEREOF NORTH 25O03'28" EAST 100.00 FEET; THENCE NORTH
Page 5 DESCRIPTION OrderNo. 13066273
03°02'10" WEST 495.00 FEET; THENCE NORTH 20°25'10" EAST 280.00 FEET; THENCE NORTH
05°30'00" WEST 130.00 FEET; THENCE NORTH 36°55'10" EAST 345.00 FEET; THENCE NORTH
THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE
52"15'00" EAST 160.00 FEET TO A POINT IN THE BOUNDARY OF PARCEL MAP NO. 10179, IN
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 27, 1980 AS FILE NO.
80-204502 OF OFFICIAL RECORDS; THENCE LEAVING SAID BOUNDARY OF MAP NO. 8302 AND
ALONG THE SOUTHERLY BOUNDARY OF SAID PARCEL MAP NO. 10179, SOUTH 26'58'00'' EAST
346.13 FEET; THENCE NORTH 89O43'11" EAST 880.46 FEET; THENCE SOUTH 42O13'10" EAST
281.25 FEET; THENCE SOUTH 49O46'54" EAST 170.0 FEET; THENCE SOUTH 42'42'30'' EAST
530.00 FEET; THENCE NORTH 66O24'35" EAST 174 .SO FEET; THENCE NORTH 89'58'20'' EAST
145.00 FEET; THENCE NORTH 34O29'10" EAST 309.50 FEET' THENCE SOUTH 74'00'21'' EAST
145.50 FEET; THENCE NORTH 41°27'00" EAST 113.50 FEET; THENCE SOUTH 85'44'40'' EAST
271.00 FEET; THENCE NORTH 31O57'15" EAST 330.00 FEET; THENCE NORTH 47'25'05'' EAST
129.10 FEET0 TO THE INTERSECTION WITH THE NORTHERLY LINE OF SAID SECTION 31;
THENCE ALONG THE NORTHERLY BOUNDARY THEREOF NORTH 89"43'11" EAST 2607.74 FEET TO
THE TRUE POINT OF BEGINNING.
BERNARDINO MERIDIAN, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE
TOGETHER WITH THAT PORTION OF SECTION 25 TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN
MAP NO. 8302.
OFFICIAL PLAT THEREOF LYING SOUTHEASTERLY OF THE SOUTHEASTERLY BOUNDARY OF SAID
EXCEPT THEREFROM THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 32, TOWNSHIP
12 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, DESCRIBED AS FOLLOWS:
THENCE ALONG THE EASTERLY LINE OF SAID NORTHWEST QUARTER, SOUTH OO36'31" WEST,
COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER OF SECTION 32;
WEST, 456.37 FEET; THENCE NORTH 76°12'27" WEST 230.37 FEET TO THE TRUE POINT OF
950.65 FEET; THENCE SOUTH 31O28'50" WEST, 341.61 FEET; THENCE SOUTH 58O42'49"
BEGINNING; THENCE NORTH OO36'31" EAST, 77.00 FEET; THENCE NORTH 89"23'29" WEST,
350.00 FEET; THENCE SOUTH 0°36'31" WEST, 265.00 FEET; THENCE SOUTH 46°28'07"
EAST, 68.28 FEET, THENCE SOUTH 55°28'26" EAST 34.95 FEET; THENCE SOUTH 67O10'26"
EAST, 76.69 FEET; THENCE SOUTH 89O23'29" EAST, 110.00 FEET; THENCE NORTH
TRUE POINT OF BEGINNING; THENCE ALONG SAID LINE, NORTH 0°36'31" EAST, 263.00 FEET
78'04'47'' EAST, 92.20 FEET TO A LINE WHICH BEARS SOUTH OO36'31" WEST FROM THE
TO THE TRUE POINT OF BEGINNING.
ALSO EXCEPTING THEREFROM THAT PORTION OF THE NORTHERLY HALF OF SECTION 32,
TOWNSHIP 12 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, DESCRIBED AS
FOLLOWS :
LINE THEREOF SOUTH 89O53'42" EAST 496.36 FEET; THENCE LEAVING SAID NORTH LINE
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 32; THENCE ALONG THE NORTH
SOUTH 0°06'18" WEST, 210.00 FEET TO THE TRUE POINT OF BEGINNING, THENCE SOUTH
SOUTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE
89O53'42" EAST, 237.57 FEET TO THE BEGINNING OF A 470 FOOT RADIUS CURVE, CONCAVE
OF 36O03'42", A DISTANCE OF 295.82 FEET; THENCE TANGENT TO SAID CURVE SOUTH
SOUTH 63O42'00" EAST, 424.18 FEET; THENCE SOUTH 76°40'00" EAST, 288.30 FEET;
53"50'00" EAST, 386.84 FEET; THENCE SOUTH 35°24'00" WEST, 30.75 FEET; THENCE
THENCE SOUTH OOoOO'OO" WEST, 81.00 FEET; THENCE SOUTH 72O49'00" WEST, 288.60
FEET; THENCE NORTH 89O32'30" WEST, 628.00 FEET; THENCE SOUTH 87008'00'' WEST
EAST, 166.20 FEET; THENCE NORTH 20°05'30" EAST, 530.37 FEET TO THE TRUE POINT OF
618.80 FEET; THENCE NORTH 47O36'00" WEST, 187.00 FEET; THENCE NORTH 2"56'00"
BEGINNING.
EXHIBIT A-2
Page 6 DESCRIPTION OrderNo. 13066273
ALSO EXCEPTING THEREFROM THAT PORTION OF SECTION 31, TOWNSHIP 12 SOUTH RANGE 3
WEST, SAN BERNAFDINO BASE AND MERIDIAN, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF PARCEL 3 OF PARCEL MAP NO. 10179 ON FILE IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNT, STATE OF CALIFORNIA, BEING
THE SOUTHEAST CORNER OF SECTION 30 AS SHOWN ON SAID PARCEL MAP; THENCE SOUTH
8g043'11" WEST ALONG THE SOUTHERLY LINE OF SAID PARCEL 3, A DISTANCE OF 48.19
FEET TO A POINT ON THE SOUTHEASTERLY RIGHT OF WAY LINE OF ROAD SURVEY NO. 454,
ON FILE IN THE OFFICE OF THE COUNTY ENGINEER OF SAID SAN DIEGO COUNTY; THENCE
LEAVING SAID SOUTHERLY LINE AND ALONG SAID RIGHT OF WAY LINE SOUTH 31O32'16" WEST
247.14 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID RIGHT OF WAY
LINE NORTH 89O43'11" EAST, 145.34 FEET TO A POINT ON THE NORTHWESTERLY RIGHT OF
WAY LINE OF PROPOSED RANCHO SANTA FE DRIVE; THENCE ALONG SAID NORTHWESTERLY
RIGHT OF WAY LINE SOUTH 12O22'42" WEST, 22.51 FEET TO THE BEGINNING OF A TANGENT
1137 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY THENCE SOUTHWESTERLY ALONG THE ARC
OF SAID CURVE THROUGH A CENTRAL ANGLE OF 7O17'27" A DISTANCE OF 144.68 FEET;
THENCE LEAVING SAID NORTHWESTERLY RIGHT OF WAY LINE NORTH 69"OO'OO" WEST, 172.47
FEET TO A POINT ON SAID SOUTHWESTERLY RIGHT OF WAY LINE; THENCE NORTH 31O32'16"
EAST, 115.50 FEET TO THE TRUE POINT OF BEGINNING.
AFFECTS PARCEL NOS. 223-071-09, 223-050-51, 223-050-52, 223-050-53, 223-050-54,
223-050-59, 223-050-65.
AS A CONVENIENCE TO OUR CUSTOMERS, THEREFORE, IT IS IMPORTANT THAT THIS
NOTE: THIS PARCEL IS DESCRIBED IN A MANNER NOT NORMALLY USED BY TITLE INSURERS,
DESCRIPTION NOT BE INCLUDED IN ANY CONVEYANCES, AS IT IS NOT INSURABLE.
PARCEL CC:
THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 12 SOUTH, RANGE 3
WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF.
AFFECTS PARCEL NOS. 223-011-02, 223-011-03, 223-032-01 AND 223-032-02.
PARCEL DD:
THOSE PARCELS OF LAND SHOWN AND DELINEATED ON THE SAN DIEGO COUNTY ASSESSOR'S
MAPS BEING PARCELS 223-011-4, 223-011-5, 223-011-6, 223-021-8 AND 223-011-11
LYING WITHIN THE FOLLOWING DESCRIBED PROPERTY:
DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
PARCELS 3 AND 4 OF PARCEL MAP NO. 10179, IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO COUNTY, JUNE 17, 1980 AS FILE NO. 80-204502 OF OFFICIAL RECORDS. TOGETHER
WITH THAT PORTION DELINEATED AND DESIGNATE "NOT A PART" ON SAID PARCEL MAP.
NO. 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
EXCEPTING THEREFROM THAT PORTION LYING WITHIN CARLSBAD TRACT NO. 79-25(B) UNIT
ACCORDING TO MAP THEREOF NO. 10243, FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO COUNTY, OCTOBER 20, 1981.
ALSO EXEPTING THEREFROM THOSE PORTIONS LYING WITHIN CARLSBAD TRACT NO. 79-25(B)
PHASE VI, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 10820, FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO COUNTY, JANUARY 13, 1984, AND CARLSBAD TRACT NO. 84-23, IN THE CITY
EXHIBIT A-2
Page 7 DESCRIPTION
OrderNo. 13066273
NO. 11241, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY
OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF
22, 1985.
ALSO EXCEPTING THEREFROM THAT PORTION LYING WITHIN RECORD OF SURVEY NO. 9182, IN
THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 28, 1982 AS FILE NO.
82-332144 OF OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM THAT PORTION OF SAID PARCEL MAP NO. 10179 LYING
NORTHEASTERLY OF THE CENTERLINE OF THAT CERTAIN RIGHT OF WAY AS DESCRIBED IN
DEED TO THE COUNTY, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, APRIL 7, 1966 AS FILE NO. 58549 OF OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF LA COSTA MEADOWS, UNIT NO. 2, ACCORDING TO
MAP NO. 6095 ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID
SOUTHEAST CORNER BEING A POINT ON THE SOUTHEASTERLY RIGHT-OF-WAY OF EL FUERTE
STREET AS SHOWN ON SAID MAP NO. 6905; THENCE NORTH 613~13'07" EAST 1536.70 FEET TO
THE TRUE POINT OF BEGINNING; THENCE SOUTH 68°01'10" EAST 99.51 FEET; THENCE SOUTH
51°54'40" EAST 141.03 FEET; THENCE SOUTH 22O52'25" WEST 191.85 FEET' THENCE SOUTH
57°13'00" WEST 73.07 FEET; THENCE NORTH 83°46'00" WEST 185.97 FEET; THENCE NORTH
BEGINNING OF A TANGENT 322 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE
34°25'48" WEST 144.00 FEET; THENCE NORTH 55O34'12" EAST 100.00 FEET TO THE
NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 33"35'22" A
DISTANCE OF 188.77 FEET TO THE TRUE POINT OF BEGINNING.
AFFECTS PARCEL NOS. 223-011-04, 223-011-05, 223-011-06; 223-021-08, 223-021-11.
NOTE: THIS PARCEL IS DESCRIBED IN A MANNER NOT NORMALLY USED BY TITLE INSURERS,
AS A CONVENIENCE TO OUR CUSTOMER. THEREFORE, IT IS IMPORTANT THAT THIS
DESCRIPTION NOT BE INCLUDED IN ANY CONVEYANCES, AS IT IS NOT INSURABLE.
EXHIBIT B
RATE AND METHOD FOR DETERMINING
FAIR SHARE OBLIGATION
RANCHO SANTA FE AND OLIVENHAIN ROADS
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 Roads 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 COST OF TENTATIVE MAP CT99-04”
(Agreement) which has been voluntarily entered into by the City of Carlsbad and
Property Owner wishing to proceed with development of its Property in advance of
the creation of Community Facilities District No. 2 (CFD #2). It is the City and
Property Owner’s intent to form CFD #2 to provide funding for those improvements
described within the Agreement.
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 per product classification as follows:
Product Classification Equivalent Dwellina Units
Single Family - Detached Units 1 .O EDU
Single Family - Attached Units 0.8 EDU
Multi-Family Units 0.6 EDU
Churches 4.0 EDU per Acre
Comrnercial/lndustriaI and other 10.0 EDU per Acre
EXHIBIT B
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.
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 approval by the City Council of the Master Final Map 99-01 -01 for the
La Costa Oaks South project by the City Council, the Property Owner shall pay to the
City an amount equal to the number of EDUs to be built as individual lots included in
said Master Final Map as determined by the City Engineer (current estimate is 161
EDUs) times $10,250. If the City Council determined that the City Engineer's
calculation of the number of EDUs included on the Master 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 master final map will be scheduled for Council
consideration.
31
EXHIBIT B
2) Prior to the approval of any final neighborhood map by the City Council (with
the exception of the 161 individual lots to be approved in the Master Final Map), the
Property Owner shall pay to the City an amount equal to the number of EDUs included
in said final neighborhood 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
neighborhood map will be scheduled for Council consideration.
3) The table below shows the estimated Fair Share Obligation for the Project.
Computation of Fair Share Obligation
La Costa Ridge and La Costa Oaks
SDP 99-07
Type of Unit
La Costa Ridge:
Single Family - Detached Units
Multi-Familv Units
La Costa Oaks:
Single Family - Detached Units
Individual lots
Neighborhoods
Multi-Family Units
Total
EDU per
unit
1 .o
0.6
1 .o
1 .o
0.6
cost per
EDU
$10,250
$10,250
$10,250
$10,250
$10,250
Units Covered
by Agreement
262
58
161
655
216
Amount Due
Estimated
8 2,685,500
356,700
1,650,250
6,713,750
1,328,400
I 1,352 $12,734,600
4) If the property owner has already obtained a final map for any units conditioned
with the financing of Rancho Santa Fe and Olivenhain Road prior to execution of this
agreement, the property owner shall pay to the City the net amount due shown above
upon entering into this Agreement.
SECRETARY’S CERTIFICATE OF
REAL ESTATE COLLATERAL MANAGEMENT COMPANY
THE UNDERSIGNED, the Secretary of Real Estate Collateral Management
Company, a Delaware corporation (the “Corporation”), does hereby certify that the
following is a true and correct copy of the resolutions adopted by the unanimous written
consent of the Board of Directors of the Corporation on December 12,2001 and the same
are in full force and effect as of the date hereof:
RESOLVED, that the Corporation is hereby authorized to enter into all
agreements, indentures, mortgages, deeds, conveyances, licenses, permits, transfers,
contracts, discharges, releases, satisfactions, settlements, petitions, schedules, accounts,
affidavits, bonds in an aggregate amount of up to One Hundred and Thirty Million
Dollars ($130,000,000), undertakings, proxies and other instruments or documents
required or deemed necessary by an Authorized Officer to be delivered in connection
with the development of the property owned by the Corporation and the project known as
thee Villages of La Costa.
FURTHER RESOLVED, that the President or any Vice President of the
Corporation (the “Authorized Officers”) are hereby authorized and directed to execute
and deliver on behalf of the Corporation any documents and instruments necessary or
appropriate to effectuate and to perform such other acts as may be deemed necessary and
proper to effectuate the intent and purposes of the foregoing resolution.
FURTHER RESOLVED, the Corporation does hereby ratify and confirm all
actions that have been taken in conjunction with the foregoing resolutions as of the date
hereof.
IN WITNESS WHEREOF, I have hereto set my hand on this 14‘h day of
December, 2001.
Secre6ry
REAL ESTATE COLLATERAL MANAGEMENT COMPANY
CERTIFICATE OF INCUMBENCY
I, L. S. Mattenson, the Secretary of Real Estate Collateral Management Company,
a Delaware corporation, certify that the persons named below are officers of this
corporation, holding the offices set forth opposite their names, and that their
appointments have not been cancelled as of the date hereof.
L. C. Klug President
D. A. Watts Vice President
T. P. Shanley Vice President
Dated: December 14,2001
~ - L.@attenson,
Secretary
law\hcfs\LaCosta\RECMincumb.cert
3ct
EXBIBIT 3
E
1
VILLAGES OF LA COSTA
IR 98-07/GPA 98-01/MP 149(Q)/MP 98-01/
LFMP 1 O/LFMP 1 I (B)/CT 99-03/HDP 99-
Ol/SUP Ol-O4/SUP 99-01/CT 99-04/ PUD Ol-08/HDP~99-02/SUP 01-03