HomeMy WebLinkAbout1993-04-27; City Council; Resolution 93-120,' - z .. ll e @
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RESOLUTION NO. -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AFFORDABLE HOUSING DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE AVIARA MASTER PLAN DEVELOPER TO PROVIDE FOR THE ACCELERATED DEVELOPMENT OF AFFORDABLE LOWER-INCOME INCLUSIONARY HOUSING
UNITS.
CASE NAME: AVIARA AFFORDABLE HOUSING DEVELOPMENT
CASE NO: DI 92-05
AGREEMENT
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7 WHEREAS, the Planning Commission did on February 3 ,
8 hold a duly noticed public hearing as prescribed by la
9 consider an Affordable Housing Development Agreement DI 92-05
WHEREAS, the City Council of the City of Carlsbad 10 1111 April 27, 1993 , held a duly advertised public heari
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recommendations, objections, protests, comments of all pe 13
consider said development agreement, and at that time receive
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16 Council of the City of Carlsbad as follows:
17 1. That the above recitations are true and corre
18 2. That the Aviara Affordable Housing Develo
19 Agreement is approved according to Exhibit 3 dated Januar]
20 1993, attached hereto and that the findings of the Pla
21 Commission as set forth in Planning Commission Resolutioi
22 3489, on file in the Planning Department and made a part h
23 are the findings and conditions of the City Council.
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interested in the development agreement; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the
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II 1 PASSED, APPROVED AND ADOPTED at a regular meeting o
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City Council of the City of Carlsbad, California, on the
27th day of April , 1993, by the following votc
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wit:
AYES: Council Members Lewis, Stanton, Nygaard and Finnil:
6 NOES: None
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ABSENT: Council Memb
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ATTEST:
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13 I /?-eessy 64 d ALETHA L. RAUTENKRANZ, City C1
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1- -4 .- @ @ EXHIBIT
JANUARY
.- AFFORDABLE HOUSING DEVELOPMENT AGREZMENT
THIS AFFORDABLE HOUSING DEVELOPMENT AGREEHENT (the ltAgreementt') -is entered into as of , 1992, .by anc between AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, a Delaware
limited partnership ("Aviara") and the CITY OF CARLSBAD, a
municipal corporation (11City1t), with reference to the followir facts :
A. This is a Development Agreement entered into pursuant to California Government Code Sections 65864 through
65869.5.
B. City has enacted Chapter 21.70 of the Carlsbad Municipal Code, establishing procedures and requirements for the consideration of development agreements and setting forth the purposes and procedures for entering into development agreements.
C. Aviara Proiect. Aviara is the developer of certain real property located in the City of Carlsbad,
California (the "Aviara Project1*) and which Aviara Project is
the subject of certain development approvals received from Cit
including without limitation: The Master Plan approved by Cit
on December 22, 1987, Resolution No. 9322 and Ordinance No. 9839, as amended: final subdivision maps for the first phase portion of the Aviara Project, which final maps were recorded in the Official Records of the County of San Diego,
California, on June 29, 1989: Amendment to the Master Plan wid
respect to Phase I1 of the Aviara Project approved by City OR
February 19, 1991, Resolution No. 91-60 and Ordinance
No. NS-140, as amended: and Tentative Subdivision Map (C.T. 89-37) approved for portion of Phase I1 of the Aviara Project by Resolution No. 91-60, adopted by the City on February 19, 1991.
D. Aviara Land. The Aviara Project consists of
three planning phases within each of which are numerous "Planning Areas." Certain residential Planning Areas have bet sold or otherwise transferred by Aviara to Merchant Builder Entities and certain non-residential Planning Areas have been transferred to a hotel/golf resort development partnership. Those residential Planning Areas of the Aviara Project which, as of the date first written above, are owned by Aviara or related entity are referred to herein as the "Aviara Land," which includes Planning Areas 3, 13, 15 and 17 through 30, inclusive, and which is described with more particularity on
Exhibit ltA1* attached hereto. The term "Aviara Land" shall al: include any other residential Planning Area of the Aviara Project which, after the date first written above, reverts to
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the ownership of or otherwise becomes owned by Aviara or related entity.
E. The parties agree that this Agreement shall b:
City and Aviara, and any purchaser, assignee, transferee or
SUCCeSSOr-in-intereSt as to any portion of the Aviara Land.
The parties agree to execute and record against the Aviara L such memoranda'of this Agreement as may be necessary to prov
notice of this Agreement to all such parties.
F. On September -, 1992, Aviara and City enterec into that certain Aviara Master Plan Agreement for Inclusion; Housing, pursuant to duly noticed public hearing (the "Aviar; Inclusionary Housing Agreement"). The parties have recognizl that, if Aviara elects to proceed under and satisfies the
special conditions set forth in Section 3.2.2(b) thereof (I'Accelerated Affordable Housing"), Aviara would be providinc substantial amount of Affordable Housing which will be of significant benefit to City,. and that Aviara would be doing ~ substantially in advance of the required timetable for the production of affordable housing in accordance with the otherwise applicable Inclusionary Housing Requirements (as therein defined). The parties recognize that, if Aviara so proceeds, Aviara would be incurring substantial costs and taking substantial risks. It is the intent of the parties that, if Aviara so proceeds, it should be entitled to protection in the form of benefits conferred by this Agreeme:
G. On , 1992, the City Council of City held a duly noticed public hearing concerning this Agreement and adopted Ordinance No. the ("Enacting Ordinance") enacting this Agreement as its legislative act, found this Agreement to be consistent with the City General Plan and the Local Coastal Plan for the City as certified by the California Coastal Commission.
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H. In consideration of the substantial public improvements and benefits to be provided by Aviara electing' proceed pursuant to the Accelerated Affordable Housing, and order to encourage Aviara to so elect, and in order to strengthen the public planning process and reduce the econam costs of development, and to reinforce the City's growth
management plan, and to further the interest of City in obtaining the production of Affordable Housing on an accelerated basis, all of which will be of benefit to the Ci and its residents, by this Agreement City intends to give Aviara assurance that Aviara can complete the Project in accordance with the terms of this Agreement and without rega to the impact of future initiatives, moratoria or other ordinances or actions affecting the rate, timing or sequence of development. In reliance upon City's covenants set forth
this Agreement concerning the development of the Aviara Land
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..r Aviara has and will in the future incur substantial costs in
complying with the extra conditions pursuant to the Accelera' Affordable Housing. Such compliance and the City's expectations constitute consideration for this Agreement and
but for said commitments on the part of City, Aviara would nc enter into this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties herein contained, the parties agree as follows:
1. ProDertv Subiect to Aareement. All of the Aviara Land shall be subject to this Agreement. The parties hereto intend that the provisions of this Agreement shall
constitute covenants which shall run with the Aviara Land an( shall bind and inure to the benefit of all successors in interest to the parties hereto.
2. Term. The term of this Agreement shall come on the effective date of the Enacting Ordinance and shall expire on the tenth anniversary thereof, unless extended or sooner terminated as hereinafter provided. Upon request by Aviara, the City Council may by resolution, without the necessity for an additional ordinance or public hearing, gra one or more extensions, each for a term not to exceed the length of the original term hereof, on condition that the Ci Council finds all of the following: (i) Aviara is meeting o has met its obligations under this Agreement: and (ii) in li
of all the circumstances, including without limitation the benefits which the City has received from the performance by Aviara with respect to the Project referred to in Recital H above, it is in the public interest to continue the Agreemen
3. Aviara's Condition Precedent. Notwithstandin the commencement of the term of this Agreement, Aviara shall
not be entitled to the benefit of this Agreement until and unless the condition referenced in this Section 3 (the tlCondition Precedent8#) has been satisfied. The Condition Precedent shall be both (i) the election by Aviara to procee under the special conditions for Accelerated Affordable Hous set forth in Section 3.2.2 (b) of the Aviara Inclusionary
Housing Agreement, and (ii) the performance by Aviara to
satisfy such special conditions.
4. Protection for Aviara. Subject to satisfacti of the Condition Precedent as specified in Section 3 above,
Aviara shall be entitled to the following protection as specified in this Section 4:
4.1. Should an ordinance or other measure be enacted after September 1, 1992 (the date of the public hear
at which the Aviara Inclusionary Housing Agreement was apprc
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. .. by City) and prior to expiration or termination of the term c this Agreement, whether by action of the City Council, by initiative or otherwise, having to do with or pertaining to ( whole or in part) the subject matter of Low Income Housing 01 Very Low Income Housing (as defined in the Aviara Inclusional Housing Agreement), and which relates to or by its effect but for this Agreement would restrict the rate, timing or sequenc of the development or construction of all or any parts of the Aviara Project, City agrees that such ordinance or other measure shall not apply to the Aviara Project. Other than tl
foregoing, the Project shall be subject to the effect of any future amendments to or changes in the rules, regulations, ordinances and official policies of City.
4.2 The review otherwise specified by
Section 4.2 of the Aviara Inclusionary Housing Agreement sha: not occur until the tenth anniversary of the effective date ( such agreement; provided, however, that nothing contained in this Agreement shall be deemed to waive or affect in any way the City's rights relating to periodic review of development agreements pursuant to Section 21.70.140 et sea. of the Carlsbad Municipal Code.
5. Permitted Delays. Performance by either part
of its obligations under this Agreement shall be excused dur any period of delay caused at any time by reason of acts of 1 or civil commotion, riots, strikes, picketing or other labor disputes, shortage of materials or supplies, damage to work progress by reason of fire, floods, earthquake or other casualty, restrictions imposed or mandated by governmental o quasigovernmental entities, enactment of conflicting laws, litigation, acts or neglect of the other party, or any other cause beyond the reasonable control of a party. Each party shall promptly notify the other party of any delay hereunder soon as possible after the same has been ascertained. The t of this Agreement and the time deadline for such performance shall be extended by the period of any such delay.
6. Default and Remedies.
6.1 Events of Default. Subject to any
extensions of time by mutual consent of the parties, and subject to the provisions of Section 5 above regarding
permitted delays, any failure by either party to perform any material term or provision of this Agreement shall constitut
an event of default ("Event of Default") (i) if such default
party does not cure such failure within thirty (30) days following its receipt of notice of default from the other party, where such failure is of a nature which can be cured within such thirty (30) day period, or (ii) if such failure not of a nature which can be cured within such thirty (30) C period, the defaulting party does not within such thirty (3(
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day period commence substantial efforts to cure such failure and diligently prosecute the same to completion. ~ny notice default given hereunder shall specify in detail the nature of the failure in performance which the noticing party claims constitutes the Event of Default and the manner in which such
Event of Default may be satisfactorily cured in accordance wi
the terms and conditions of this Agreement. During the time periods herein specified for cure of a failure of performance the party charged therewith shall not be considered to be in default for purposes of termination of this Agreement or institution of legal proceedings with respect thereto.
6.2 Remedies. Upon the occurrence of and failure to timely cure an Event of Default, the nondefaultinc party shall have the right, in addition to all other rights i remedies available at law or in equity, to bring any proceed:
in the nature of specific performance, injunctive relief, mandamus or in equity as may be permitted by the laws then il effect or this Agreement regarding the defaulting party‘s failure to perform its agreements, obligations or undertakinc hereunder. In addition, upon the occurrence of and failure 1 timely cure an Event of Default, the nondefaulting party sha: have the right to terminate this Agreement.
7. Transfers and Assianments.
7.1 Riaht to Assian. Aviara shall have the right to sell, mortgage, hypothecate, assign or transfer (llTransferll) the Aviara Land in whole or in part to any persc partnership, joint venture, firm or corporation at any time during the term of this Agreement. In connection with any SI Transfer, Aviara shall also have the right likewise to Trans
its rights under this Agreement as pertain to the Aviara Lanf or the applicable portion thereof.
7.2 It is understood and agreed by the parti that a portion of the Aviara Land has been subdivided and th remaining portions of the Aviara Land may be subdivided afte the effective date of this Agreement. One or more such subdivided parcels may be Transferred to persons for development by them in reliance upon the provisions of this
Agreement. The obligations of Aviara and any such transfere are several and not joint. Noncompliance by any such transferee with the terms and conditions of this Agreement 0 with applicable City rules and regulations shall not be deem to be a default hereunder or grounds for termination hereof, constitute cause for the City to initiate enforcement action
against other persons then owning or holding interest in the
Aviara Land or any portion thereof, and not themselves in default hereunder.
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8. Amendment. This Agreement may be canceled, modified or amended by mutual consent of the parties in writi in the manner provided for in Section 21.70.120 of the Carlsk Municipal Code, or by the City in the manner provided for in Section 21.70.160 or in Section 21.70.190 of the Carlsbad
Municipal Code. In the event of termination, the provision c
Sections 21.70.170 and 21.70.180 of the Carlsbad Municipal Cc shall apply.
9. Notices. Any notice 'to either party shall be writing and given by delivering the same to such party in person or by sending the same by registered or certified mail return receipt requested, with postage prepaid, to the party' mailing address set forth below:
If to Aviara, then to:
D.L. Clemens Hillman Properties West, Inc.
2011 Palomar Airport Road Suite 206 Carlsbad, California 92008
With a copy to:
Sheppard, Mullin, Richter & Hampton
501 West Broadway, 19th Floor San Diego, California 92101 Attn: Christopher B. Neils
If to City of Carlsbad, to:
City Manager City of Carlsbad City Hall
1200 Elm Avenue
Carlsbad, California 92008
Either party may change its mailing address at any time by
giving written notice of such change to the other party in tl
manner provided herein. All notices under this Agreement Shi be deemed given, received, made or communicated on the date personal delivery is effected or, if mailed, on the delivery
date or attempted delivery date shown on the return receipt.
10. Entire Acrreement. This Agreement and the Exhibits attached hereto contain the entire agreement betwee. the parties with respect to the subject matter hereof. Exce: as otherwise specified in this Agreement, any prior correspondence, memoranda, agreements, warranties or
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representations are superseded by this Agreement and the Exhib. attached hereto.
IN WITNESS WHEREOF, the parties hereto have executed tl Agreement as of the date first set forth above.
AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, a Delaware limited partnership
BY Aviara Land Company, a Delaware corporation, General Partner
BY
BY Republic Development Company, a California corporation General Partner
BY
CITY OF CARLSBAD, a Municipal corporation
BY Claude A. Lewis, Mayor City of Carlsbad
APPROVED AS TO FORM:
Ronald R. Ball, City Attorney
ATTEST :
Aletha L. Rautenkranz, City Clerk
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State of California 1
County of 1 ) ss.
On , before me, a notary public in and for said state, personally appeared
personally known to me (or proved me on the basis of satisfactory evidence) to be the person(s
whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s) o
the entity upon behalf of which the person(s) acted, execute
the instruments.
WITNESS my hand and official seal.
Signature (Seal)
State of California 1
County of 1 ) ss.
On , before me,
a notary public in and for said state, personally appeared personally known to me (or proved
me on the basis of satisfactory evidence) to be the person(s
whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) c the entity upon behalf of which the person(s) acted, execute the instruments.
WITNESS my hand and official seal.
Signature (Seal)
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State of California 1
County of 1 ) ss.
On , before me, a notary public in and for said state, personally appeared
personally known to me (or proved
me on the basis of satisfactory evidence) to be the person(s:
whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s) 01
the entity upon behalf of which the person(s) acted, executec the instruments.
WITNESS my hand and official seal.
Signature (Seal)
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EXHIBIT A
PLANNING AREA 3 LEGAL DESCRIPTION
Lots 101 through 126 of Carlsbad Tract 85-35C according to map thereof No. 12411,
the City of Carlsbad, County of San Diego, State of California.
PLANNING AREA 13
LEGAL DESCRIPTION
Lots 234 Through 301 of Carlsbad Tract 85-35D according to map thereof No. 12412 together,with Parcels 3 and 4 of Carlsbad Minor Subdivision 834 according to Parcel
Map thereof No. 16451, all in the City of Carlsbad, County of San Diego, State of California.
PLANNING AREA 15 LEGAL DESCRIPTION
Parcel 6 of Carlsbad Minor Subdivision 834 according to parcel map thereof No. 164 in the City of Carlsbad, County of San Diego, State of California.
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PHASE I1
PLANNING AREAS 25 - 30
LEGAL DESCRIPTION
BEING A SUBDIVISION OF A PORTION OF SECTIONS 27, 28, 33 AND 3, ALL IN TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDI, IN TEE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, DESCRIBED AS
FOLLOWS :
BEGINNING AT A POINT ON THE WESTERLY LINE OF SAID SECTION 27, DISTANT THEREON SOUTH 0 34'09" WEST 230.98 FEET FROM THE
NORTHWEST CORNER TEEREOF, SAID POINT ALSO BEING TEE INTERSECT: OF SAID WESTERLY LINE AND THE SOUTEERLY LINE OF TEAT CERTAIN EASEMENT FOR PUBLIC ROAD RECORDED IN THE OFFICE OF THE COUNTY
89-345765 OF OFFICIAL RECORDS: THENCE ALONG THE SOUTHERLY AND
SOUTHWESTERLY LINE OF SAID EASEMENT, NORTH 72'47'00" EAST 161,
FEET TO TEE BEGINNING OF A TANGENT 25.00 FOOT RADIUS CURVE
CONCAVE SOUTHWESTERLY: TBENCE NORTEEASTaY, EASTERLY AND SOUTHEASTERLY ALONG SAID CURVE 40.36 FEET THROUGH A CENTRAL ANGLE OF 92'30'00"; TEENCE TANGENT TO SAID CURVE SOUTE 14.43'C EAST 689.57 FEET TO TEE BEGINNING OF A TANGENT 401.00 Mxrr
RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY AND EASTERLY ALONG SAID CURVE 1135.38 FEET TEROUCII A CENTRAL ANGLI OF 72'12'00"; THENCE TANGENT TO SAID CURVE SOUTH 86.55'00'' EA:
217.41 FEET TO THE MOST NORTHERLY CORNER OF CITY OF CARLSBAD
TRACT NO. 85-35 (AVIARA PHASE 1 - UNIT E), ACCORDING TO MAP
RECORDER OF SAN DIEGQ COUNTY, JUNE 29, 1989 AS FILE NO.
TEEREOF NO. 12413, FILED IN TEE OFFICE OF THE COUNTY RECORDER,
JUNE 29, 1989; THENCE ALONG TEE WESTERLY BOUNDARY THEREOF SOU'I 47'10'50" WEST 350.89 FEET: THENCE SOUTH 40'43'12" WEST 605.22
FEET; THENCE SOUTH 17'45'00" EAST 846.44 FEET: THENCE SOUTE 16'45'00" WEST 112.44 FEET; THENCE SOUTE 12'58'00" EAST 1804.7 FEET: THENCE SOUTB 31'51'00" EAST 700.07 FEET; THENCE SOUTH 6'33'30'' EAST 495.49 FEET: THENCE SOUTH 14'29'30" WEST 519.43
TBE AGREED BOUNDARY OF THE TITLE SETTLEMENT AND EXCEANGE
JUNE 10, 1988 AS FILE NO. 88-278452 OF OFFICIAL RECORDS: TEENC
ALONG SAID AGREED B0UNDARY.NORTE. 20'30'00" WEST 117..43 FEET: TBENCE NQRTET 85*00'00" WEST 71.00 PEET: THE3CE SOUTB 25*30'0On WEST 223.00 FEET: TEENCE SOUTE 10'45'00" EAST 53.00 FEET: TEEN( SOUTH 33'30'00" WEST 146.00 FEET; THENCE SOUTE 55'30'00" WEST 52.00 FEET: TEENCE SOW 77'30'00" WEST 358.00 FEET; T8ENCE SOUTH 55°10'00'' WEST 167.00 FEET; THENCE SOUTB 75*58'00'* WEST
FEET TO AN ANGLE POINT THEREIN, SAID POINT ALSO BEING A POINT
AGREEMENT AND CONVEYANCE OF PUBLIC ACCESS EASEMENT, RECORDED
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42.00 FEET: THENCE NORTH 83'56'00" WEST 117.00 FEET; TIIENCE
NORTH 73.50'00" WEST 99.00 FEET; THENCE NORTH 79'50'00'* WEST 147.00 FEET; THENCE NORTH 74*10'00'' WEST 190.00 FEET; THENCE
NORTH 68'56'02" WEST 346.00 FEET; THENCE NORTH 73'16'2611 WES:
174.03 FEET; THENCE NORTH 84'00'00" WEST 124.00 FEET; TBENCE
SOUTH 78'00'00" WEST 447.00 FEET: THENCE NORTH 83'00'0011 WESf 123.73 FEET: THENCE NORTH 32.17'46" WEST 561.76 FEET; THENCE
NORTH 69'15'09" WEST 228.25 FEET TO A POINT ON THE WESTERLY 1
OF THE EAST EIALF OF THE NORTHEAST QUARTER OF SAID SECTION 33
DISTANT THEREON SOUTE 0*43'34" EAST 788.20 FEET FROM THE
RECORD OF SURVEY MAP NO. 10774, FILED IN TBE OFFICE OF SAID !
OFFICIAL RECORDS; THENCE ALONG THE BOUNDARY OF SAID RECORD 01
SURVEY NO. 10774, NORTE 0'43'34" WEST 788.20 FEET; THENCE NO1
0*31'09'* EAST 1357.67 FEET; THENCE SOUTE 89'08'21" EAST 1358
FEET; THENCE NORTH 23'17'49" EAST 157.02 FEET; TBENCE SOUTH 83'48'32" EAST 182.90 FEET; THENCE NORTH 63'48'24" EAST 118.! FEET: TEENCE NORTH 46'13'59" EAST 66.87 FEET; TEENCE NORTE
21'18'51" EAST 78.99 FEET; THENCE NORTH 14'41'04" WEST 271.8!
FEET; TEENCE NORTH 26'24'56" WEST 112.98 FEET; THENCE NORTH
44'10'38" WEST 189.09 FEET; THENCE NORTH 36'53'26" WEST 81.0: FEET; TBENCE NORTH 17'21'54' WEST 96.54 FEET: THENCE NORTH 7.59'33" WEST 108.38 FEET; THENCE NORTH 3'53'04" EAST 180.75
FEET; TgENCE NORTH 35'32'01" WEST 142.05 FEET TO THE EAST QUARTER CORNER OF SAID SECTION 28; THENCE CONTINUING ALONG S1 BOUNDARY LINE NORTH 0'34'09" EAST 2485.34 FEET TO TEE POINT ( BEGINNING.
NORTHWEST CORNER OF SAID EAST HALF, AS SAID POINT IS SROWN 01
DIEGO COUNTY RECORDER, OCTOBER 30, 1986 AS FILE NO' 86-494181
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PHASE UI - AW PLANNING AREAS 17 - 23 LEGAL DESCRIPTION
THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 22, THE NORTH HALF OF SECTION 27, ALL IN TOWNSHIP 12 SOUTH, RANGE 4 WE
SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT
THEREOF, AS SHOW ON RECORD OF SURVEY NO. 10774, RECORDED IF THE OFFICE OF THE $AN DIEGO COUNTY RECORDER, OCTOBER 30,1981
AS FILE NO. 86-494180 OF OFFICIAL RECORDS.
EXCEPTING THEREFROM ALL THAT PORTION OF THE EAST HALF OF T
SOUTHEAST QUARTER OF SAID SECTION 22, CONVEYED TO THE CITY ( CARLSBAD BY THAT CERTAIN GRANT DEED (PARK SITE), RECORDED I1
THE OFFICE OF THE SAN DIEGO COUNTY RECORDER, JUNE 29, 1989 AS
FILE NO, 89-345769 OF OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM ALL THOSE PORTIONS OF THE NORTH HALF OF SAID SECTION 27, LYING WITHIN THOSE MAPS KNOWN AS ClT
ACCORDING TO MAPS THEREOF NOS. 12409, 12410, 12411, 12412 AND 12413 RESPECTIVELY, FILED JUNE 29, 1989.
ALSO EXCEPTING THEREFROM THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER AND THE WEST HALF OF T€
NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 27 TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORb ACCORDING TO THE OFFICIAL PLAT THEREOF.
ALSO EXCEPTING THEREFROM ALL THAT PORTION OF SAID NORTH H, OF SECTION 27 LYING WESTERLY OF A LINE DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTHERLY LINE OF SAID SECTION 2 DISTANT THEREON NORTH 86'58 1 38 WEST 659.33 FEET (RECORD NORT
87'5 1 1 00" WEST 659.35 FEET) FROM THE NORTH QUARTER CORNER
THEREOF, AS SHOWN ON SAID RECORD OF SURVEY MAP NO. 10774; THENCE ALONG THE BOUNDARY OF SAID RECORD OF SURVEY MAP P 10774, SOUTH 0006 WEST 1340.75 FEET TO AN ANGLE POINT THEREIN;
THENCE SOUTH 87029 t 59" EAST (RECORD SOUTH 87 "30 t 08" EAST) 372.00
FEET; THENCE LEAVING SAID BOUNDARY SOUTH 2030 I 01" WEST 326.73 FEET TO A POINT ON THE NORTHERLY LINE OF ALGA ROAD AS DESCRIBED IN THE HEREIN ABOVE MENTIONED EASEMENT DEED TO THE CITY OF CARLSBAD, AND BEING THE POINT OF TERMINUS.
OF CARLSBAD TRACT 85-35, AVIARA PHASE I, UNITS A, B, C, D AND E,
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PLANNING AREA 24
LEGAL DESCRIPTION
THOSE PORTIONS OF SECTIONS 22 AND 27, TOWNSHIP 12 SOUTH, RANGE
WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING '
OFFICIAL PLAT THEREOF, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS :
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 27, AS SHOW ON RECORD OF SURVEY MAP NO. 10774, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 30, 1986 AS FILE
NO. 86-494180 OF OFFICIAL RECORDS; THENCE ALONG THE BOUNDARY 0
SAID RECORD OF SURVEY MAP NO. 10774, SOUTH 86*58'38" EAST 236.
FEET TO THE POINT OF INTERSECTION OF SAID BOUNDARY LINE WITH
TEE NORTHEASTERLY LINE OF THAT CERTAIN PARCEL OF LAND SHOWN AS
"PARCEL K-1" AS DESCRIBED IN THE EASEMENT DEED TO THE CITY OF
CARLSBAD, RECODED JUNE 29, 1989 AS FILE NO. 89-345765 OF
OFFICIAL RECORDS, SAID POINT BEING THE TRUE POINT OF BEGINNING
THENCE CONTINUING ALONG THE BOUNDARY OF SAID RECORD OF SURVEY
MAP NO. 10774, SOUTH 86*58'38" EAST 1082.37 FEET TO AN ANGLE
POINT THEREIN; THENCE NORTH 1*49'19" WEST 331.07 FEET TO AN ANGLE POINT; THENCE SOUTH 86.57'12" EAST 660.57 FEET TO AN ANG POINT: THENCE SOUTH 1*36'47" EAST 330.69 TO A POINT ON TEE NORTHERLY LINE OF SAID SECTION 27; THENCE CONTINUING ALONG THE
BOUNDARY OF SAID RECORD OF SURVEY MAP NO. 10774, SOUTH 0*06'50
WEST 1340.75 FEET TO AN ANGLE POINT THEREIN; THENCE SOUTH 87*29'59" EAST (RECORD SOUTH 87*30'08" EAST) 372.00 FEET; THEN LEAVING SAID BOUNDARY SOUTH 2*30'01" WEST 326.73 FEET TO A POINT ON TEE NORTHERLY RIGHT-OF-WAY OF ALGA ROAD AS DESCRIBED "PARCEL B" OF THE HEREIN ABOVE MENTIONED EASEMENT DEED TO THE CITY OF CARLSBAD; THENCE ALONG SAID RIGHT-OF-WAY NORTH 59'47'0 WEST 392.51 FEET TO THE BEGINNING OF A TANGENT 1001.00 FOOT
RADIUS CURVE CONCAVE SOUTHERLY; THENCE NORTHWESTERLY AND WESTERLY ALONG SAID CURVE 474.04 FEET THROUGH A CENTRAL ANGLE 27*08'00"; THENCE TANGENT TO SAID CURVE NORTH 86'55'00" WEST 354.22 FEET TO THE BEGINNING OF A TANGENT 799.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE WESTERLY, NORTHWESTERLY A NORTHERLY ALONG SAID CURVE 1020.71 FEET THROUGH A CENTRAL ANGL OF 73'11'40"; THENCE TANGENT TO SAID CURVE 13'43'20" WEST 338.79 FEET: THENCE NORTH 14*43'00" WEST 355.88 FEET TO A POIK ON TEE RIGHT-OF-WAY OF POINSETTIA LANE AS DESCRIBED IN "PARCEK
A" OF THE HEREIN ABOVE MENTIONED EASEMENT DEED TO THE CITY OF
CARLSEAD, SAID POINT ALSO BEING TEE BEGINNING OF A TANGENT 25.
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I '* t 0 a
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FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY: THENCE ALONG SAID
RIGHT-OF-WAY AND NORTHERLY NORTHEASTERLY AND EASTERLY ALONG SA:
CURVE 38.18 FEET THROUGH A CENTRAL, ANGLE OF 87'30'00"; THENCE RADIAL TO SAID CURVE NORTH 17.13'00" WEST 51.00 FEET: THENCE SOUTH 72'47'00'' WEST 2.76 FEET: THENCE NORTE 17'13'00" WEST
51.00 FEET TO THE BEGINNING OF A NON-TANGENT 25.00 FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS SOU':
17.13'00'' EAST: THENCE WESTERLY, NORTHWESTERLY AND NORTHERLY
ALONG SAID CURVE 38.42 FEET THROUGH A CENTRAL ANGLE OF 88'03'3! TO THE TRUE POINT OF BEGINNING.
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