HomeMy WebLinkAbout1997-03-04; City Council; Resolution 97-86W w
RESOLUTION NO. 97 - 86
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA 1 k-,oRlzlNG THE MAYOR TO EXECUTE A AMENDED AGREEMENT WITH
2 GREYSTONE HOMES PROVIDING FOR THE PREPAYMENT OF CFD#2 TAXES FOR CT
85-1 5
3 II
4 Whereas, the City Council has approved a financing program for Rancho
5 Santa Fe Road which includes the intended formation of a Community Facilities
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10 ’’ ability to finance the needed improvements on Rancho Santa Fe Road.
District (CFD#2), and
Whereas, the City Council has previously approved agreements with
GREYSTONE HOMES allowing for the prepayment of taxes to be assessed under
CFD#2 as an acceptable form of interim financing for Rancho Santa Fe Road as
required by various tentative map conditions for CT 85-1 5, and
Whereas, the approval of the amended agreement will not affect the City’s
12 NOW, THEREFORE BE IT RESOLVED by the City Council of the City of
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2. That the form of the revised PETITION, WAIVER AND CONSENT TO 15
1 , That the above recitations are true and correct. 14
Carlsbad, California as follows:
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ABSENT: None 24
ATTEST:
CREATION OF A COMMUNITY FACILITIES DISTRICT AND AGREEMENT TO PAY
FAIR SHARE, Attachment 2 attached here to, is hereby approved.
3. That the Mayor is hereby authorized to enter into the attached agreement.
4. The City Clerk is authorized and directed to record the attached agreement
with the San Diego County Recorder’s office upon execution.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council on thc
day of March , 1997 by the following vo
AYES: Council Members Lewis, Finnil
NOES: None
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27 ALETHA L. RAUTENKRANZ, City Clerk \
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(SEAL)
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RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Drive Carlsbad, CA 92008
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Space Above This Line for Recorder’s Use
PETITION, WAIVER AND CONSENT TO CREATION OF A
COMMUNITY FACILITIES DISTRICT
AND AGREEMENT TO PAY FAIR SHARE
WHEREAS, the undersigned Property Owner is processing, or has processed, fi
development with the City of Carlsbad (hereinafter referred to as “City”) a development proje
known and identified as Tentative Tract Map CT 85-15, (hereinafter referred to as tl
“Project”); and
WHEREAS, the legal description for the Project is shown on Exhibit “B” attach(
6
hereto; and,
WHEREAS, City has determined this Project is located within the boundaries of
proposed Community Facilities District known as Community Facilities District No. 2
Rancho Santa Fe and Olivenhain Road (hereinafter referred to as “District”); and,
WHEREAS, District is intended to be formed to finance those improvements general
described in Section 1 herein and in the amount set forth in the Improvements Budget attach(
hereto marked Exhibit “C”; and,
w w WHEREAS, Property Owner desires to proceed with processing prior to the formatio:
of District; and,
WHEREAS, various conditions of the Tentative Tract Map for the Project requires thl
the Property Owner provide for or participate in the construction of certain publi
improvements including sections of Rancho Santa Fe Road; and,
WHEREAS, the compliance with tentative map conditions is a condition of approv:
for the final map for the Project; and,
WHEREAS, the City and Property Owner desire to agree to an alternative method c
financing the improvements described in Section 1 herein that will allow Property Owner t
discharge its fair share and obligation for said improvements in lieu of, or in anticipation o
participation in District; and,
, WHEREAS, the City Council agrees that Property owner, upon entering into th
agreement and upon payment of the fair share described herein, has met the requirement s'
forth in the tentative map conditions requiring the Project to provide a financial guarantee fi
the construction of those improvements described in Section 1 below; and,
WHEREAS the City and Property Owners have previously entered into simil
agreement providing for prepayment for said Improvements by which Property Owner has ov
-paid its obligation, and the parties wish to supersede those agreements with this agreeme
providing for a special refund; and,
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WHEREAS, Property Owner voluntarily enters into this agreement with respect to th
Project; and,
WHEREAS, the City Council has determined that due to the size of the propose
development, there will be no major impact on the circulation system at the present time
development of the Project is allowed to proceed with sufficient financial guarantees for futur
construction of Property Owner’s fair share of the circulation improvements;
NOW, THEREFORE, in consideration of proceeding with the processing of Projec
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 proceeding;
for the formation of District which will cause the construction and installation andor financinl
of the following improvements (hereinafter “Improvements”) which are generally described a,
follows:
a) Rancho Santa Fe Road North Phase 1 (RSF No.1) La Costa Avenue tc
east of Mahr Reservoir
b) Olivenhain Road Widening, and intersection improvements a
Olivenhain and El Camino Real
c) Rancho Santa Fe Road North Phase 2 (RSF No.2) Phase 1 End tc
Melrose Drive.
d) Rancho Santa Fe Road South (RSF So.) (Assumes Secondary Arterial
Standard - Encinitas City Boundary to Olivenhain Road Full Improvements.)
9 w 2. The cost of construction, engineering, environmental mitigation’s legal an
other incidental expenses as set forth in the “Improvements Budget” will be funded by th
District.
3. Property Owner acknowledges its right to notice of and participation in a
phases of formation under the “Mello-Roos Community Facilities Act of 1982,” - express]
waives the proceedings required and all limitations contained in Title 5, Division 2, Chaptt
2.5 of the California Government Code and nonetheless with full knowledge of such right
completely and forever waives such rights. Specifically, Property Owner hereby consents 1
the proceedings and waives any right to protest the formation of the District and the ordering (
the improvements under applicable California statutes and consents to and supports fonnatic
of said District with respect to the Project. The City shall exclude the Project from the Distil
boundary map if, prior to the adoption of a Resolution of Intention by the City Council to fon
said District, Property Owner has entered into this agreement and has paid to the city a
amounts due as described herein.
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4. a) Property Owner agrees to pay to City, or provide, its fair share for t€
Improvements described in Section 1.
b) Said payment, or provision, shall be made in the manner described
Exhibit “A”, Rate and Method for Determining Fair Share Obligation Rancho Santa Fe ar
Olivenhain road, which is incorporated herein by reference.
c) The amount of Property Owner’s fair share will be conclusive
determined by the City Council in the manner described in Exhibit “A” attached hereto.
e
d) Payment by Property Owner of its fair share of Improvement costs a
determined by City Council and set forth herein will satisfy its obligations for the constructio.
of the Improvements described in Section 1, as required by the Tentative Map for the Project a
that condition applies to the Project, subject to adjustment as described in Section 10 herein.
e) Alternatively, if the District is formed and Project is included within it
Property Owner’s obligations to pay its fair share pursuant to this agreement shall be satisfie1
upon payment of all taxes imposed, established and payable to said District.
5. Property Owner acknowledges that this agreement to pay its fair share anc
participate in the financing of improvements is voluntary and that without this agreemen
Property Owner would be precluded from obtaining final map approvals or building and othe;
development permits under the provisions of the General Plan, Chapter 21.90 of the Carlsbac
Municipal Code, applicable zone plan, financing plans and related documents permits under
the provisions of the General Plan, Chapter 21.90 of the Carlsbad Municipal Code, applicable
zone plan, financing plans and related documents until a satisfactory financing program has
been developed to fund the construction of the Improvements described in Section 1.
6. Property owner hereby waives his right to challenge the amount, establishment
or imposition of said fair share and further waives any rights to pay said fair share under
protest.
7. This agreement does not affect, in any way whatsoever, the obligation of
Property Owner to pay any other fees or assessments associated with Property Owner’s
development andlor to post improvement bonds as required by the City Engineer. Nor does
m this agreement relive Property owner from providing other public facilities required undel
conditions placed upon the Project by the applicable tentative map conditions.
8. Property Owner agrees that payment of its fair share is not a fee and waives an]
and all rights to notice of or challenges to the establishment or imposition of said fair share as :
fee under provisions of Government Code section 66000 et seq., or any successor or related
statutes.
9 a. The City and Property Owner hereby agree that this agreement supersedes anq
prior written agreement between the City and Property Owner concerning Property Owner’:
fair share obligation for the Project covered by this Agreement (a “Prior Agreement”), if any.
b. The City acknowledges that, prior to December 10, 1996, the undersigned
Property Owner had paid to the city excess fair share payments totaling $54,720 (18 single-
family units times $3,040 per unit) (the “Excess Fair Share Payments”) pursuant to the
following Prior Agreement between the City and Property Owner covering the Projects
developed by Property Owner in Carlsbad:
(1) Petition, Waiver and Consent to Creation of a Community Facilities
District and Agreement to Pay Fair Share dated March 19, 1996 (covering Tentative
Tract Map CT 85-15);
C. City hereby agrees to refund to Property Owner, by check, the total amount of
Excess Fair Share Payments within 30 days of the execution of this agreement.
5
e w 10) a) If the District is formed subsequent to the payment by Property Owne
of the fair share pursuant to this agreement, Property Owner’s financial obligation shall b
recalculated using the taxing formula established for the District for the Improvement
described in Paragraph 1. If that obligation is lower than the amount previously paid c
provided by Property Owner to City, City shall refund any excess, in the manner describe
below.
b) Any refund shall be made from funds available within District upon Distric
formation and shall not be an obligation of city’s General Fund or other revenue sources.
c) In the event that insufficient funds are available from District’s resource
Property Owner shall be reimbursed in the order in which funds were deposited with City i
soon as sufficient funds become available, as determined by the City Council, through ti
payment of one-time taxes or annual undeveloped land taxes to the District. The city is nc
required to establish an undeveloped land tax within the District to provide such refund.
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d) No reimbursement is required until the City Council determines that sufficie:
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
special interest bearing fund and may only be used to fund the construction of the facilitil
described herein. Upon the formation of a CFD to fund these same Improvements, any amou
remaining in the special fund may be transferred to the CFD fund, at the discretion of tl
Finance Director.
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11. Upon completion of the Improvements, and recording of the notice o
completion for the final phase of the Improvements, the City Engineer shall determine the tota
cost of all phases of the Improvements and all related work (Costs), and the Finance Directo:
shall determine the total amount of revenue including fees, taxes, interest earned on fund!
restricted to use only on the Improvements, and other sources of funds received by the Citj
dedicated to paying for the construction of the Improvements (Revenues). The Financt
Director shall then compare the amount of Costs and Revenues to determine if there are an!
excess Revenues as described below. If excess Revenues of more than $100,000 exist, thc
Finance Director shall provide refunds to all eligible parties of all excess Revenues in a1
amount and in the manner described below. If excess Revenues are equal to, or less thal
$1 00,000 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 thc
amount of the project Costs from the available Revenues. Total project Costs shall include a1
costs to plan, design, construct, mitigate environmental impacts, inspect, and othenvisc
complete the project to the satisfaction of the City Engineer, including applicable charges fo
City staff services. Total Revenues shall include all monies held by the City dedicate(
exclusively to the construction of the Improvements including any fee revenues earmarked fo
the Project, CFD #2 taxes, applicable CFD #1 taxes, grants, and interest earned on restrictec
funds as determined by the Finance Director.
b) The amount of the refund due to any party shall be based on the proportion o
that party’s payments under this agreement based on its’ proportional share of Equivalen
Dwelling Units constructed or to be constructed by that party, weighted as described in Exhibi
A, divided by the total number of EDUs constructed or to be constructed within, an(
w 0 participating in, CFD #2 and/or this agreement. The amount of the refund shall be detenninec
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, tht
eligible party must request to be included in the distribution of funds. Such request must bt
made within 90 days after the City Council’s acceptance of the Notice of Completion for thc
final phase of the Improvements. Each request must be accompanied by documents indicatiq
clear title to the refund unless the request is being made by the party which originally paid thc
City pursuant to this agreement or paid taxes to CFD #2
d) The Finance Director shall compute the amount of the refund due each party a:
described above. Funds may be disbursed to the eligible parties following Council approval 0.
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 rights to any
refunds under this section are assigned to another p arty, or if there is a change in name or
address for the eligible party. The City takes no responsibility for the accuracy of the
w W information included in this file, and is under no obligation to locate persons or entities whi
are entitled to refunds. Failure to notify any party of the availability of excess Revenues shal
not obligate the City in any way to extend or modify the above refund procedures.
12, Compliance with this agreement will be accepted by City as an alternate to th
method described in the current Local Facilities Management Plans for local facilitie
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 c
grant approvals or relieve Property Owner of the obligation to comply with all applicabl
provisions of law, including but not limited to Carlsbad Municipal Code Titles 18, 19, 20 an
21.
13. Compliance with the provisions of this agreement is a condition of all futuI
discretionary approval for the Improvements. If Property Owner does not comply with th
provisions of this agreement, approval of the Project will not be consistent with the Gener;
Plan, the Growth Management Program, and the Local Facilities Management Plan, and a
subsequent discretionary approvals and permits for the Project may be withheld by City.
14. In addition, the City will not approve any pending final maps, issue gradin]
building or other development permits or take any discretionary action until the Properl
Owner has complied with the terms of this agreement due to be satisfied at the time suc
approval is required.
15. The City may, at its discretion, elect to pursue any remedy, legal or equitab
against Property Owner and Property Owner’s successors, heirs, assigns, and transferees of tl
Project to secure compliance with this agreement.
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16. City shall not, nor shall any officer or employee of City, be liable or responsibb
for any loss or damage incurred by Property Owner or any successor or assign of Propert:
Owner, or by any occupant in Property Owners buildings, as a result of the exercise of an:
remedies provided to City in this agreement. Property Owner agrees to indemnify City for an:
liabilities incurred by City as a result of City’s exercise of these remedies.
17. This agreement and the covenants contained herein shall be binding upon an(
inure to the benefit of the successors, heirs, assigns, and transferees of Property owner wit€
respect to the Project only and City, and shall run with the Project and create an equitablt
servitude upon the Project.
18. 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
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:
Notices to the City shall be delivered to the
Finance Director
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Notices to Property Owner shall be delivered to:
Todd Palmaer, Creystone Homes
495 E. Rincon Su 115
Corona, CA 91719
Each party s Ba 11 notify the other immediately of an 8 ange that would require an
notice delivered hereunder to be directed to another party.
t9. This agreement shall be recorded but shall not create a lien or security interest
the property.
20. The undersigned Property Owner further states, under penalty of perjury, that I
is owner of the property as described herein on Exhibit “B”, or an authorized agent of tl
owner, and has the authority to execute this document, including the binding authorizatic
herein.
Executed this 14 th day of FEBRUARY ,1997.
*OWNER: - E:&
BY BY! I
*BY - B
vzM pdcmw ATTEST,
(print name here)
c3W Pas.
(title signatory) Aletha L. Raute
City Clerk
(Proper notarial acknowledgment of execution by *OWNER must be attached.) President
vice-president and secretary or assistant secretary must sign for corporations. If only 01
officer signs, the corporation must attach a resolution certified by the secretary or assists
secretary under corporate seal empowering that officer to bind the corporation.
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STATE OF CALJFORMA
COUNTY OF RIVERSIDE
On February 14, 1997, before me, Linda Wasty, Notary Public for County of San Diego, personally
appeared TODD PALMAER , personally known to me to be the person whose name is subscribed to the
within instrument and acknowledged to me that he executed the same in his authorized capacity and that
by his signature on the instrument, the person or entity upon behalf of which the person acted, executed
the within instrument.
WITNESS my hand and official seal. -
&&*% \
Linda ~aniasty, NOW hw
""-
Commission #I Oi)8258 €
CAPACITY CLAIMED BY SIGNER SIGNER IS REPRESENTING
Individual
- XX- Corporate Officer
President
Greystone Homes, Inc., A Delaware
Corporation
Partners
- Assistant Secretary
Corporation as a Partner
Other
~
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRBED BELOW:
TITLE OR TYPE OF DOCUMENT: "Petition, Waiver, and Consent to Creation of CFD#2 and Agreement to Pay
NUMBER OF PAGES 15 + attachments
NUMBER OF SIGNERS 4
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CERTIFICATE OF SECRETARY
OF GREYSTONE HOMES, INC.
I, 3obert W. Garcin, Secretary of Gr-eystcne Eomes, Inc. hereby
certify that the followins is a true and correct copy cf a
Resoiuticr! duly zdopted by t3e Zcal-d cf i3irectors of Greystcne
Ecnes, ir?.c. cn Jane 12, :,OS5 ana thz; s~id Eesclutlon is in f~ii
force and effect and has net Seer, rescinsed cr modified:
RESZLVED, that Todd Falnaer 1s .. nerebg? e1ecte.d Presi6ent cf the
Inland Empire Division of this CcrFcrztion.
. "
.>
Dated: Zune i2, 11935 ,'
.' /y qB >; '\
1 4 (/d& 7 ;/- 4. //&&i
Robert X. GEZC~E, Secretary cf
Greystor?e :4omes, inc.
'
(Corporate Seal)
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CERTIFICATE OF SECRETARY
OF GREYSTONE HOMES, INC.
I, Robert W. Garcin, Secretary cf Greystone Homes, Inc. hereby
certify that the following is a true and correct CGFY of a
Resoiuticn duly adopted by the Board of Directors of Greystone
Homes, Inc. cz June 12, 1555 and that said "nescluticn is in full
force and efiect and has nct keen rescir?ded CY mcdified:
RESGL'V'ED, that Todd Palmaer, President/Inland Empire Sivision, actins alc~e be and is hereby acthcrized cri
behalf cf this Corporation to enter Intc ccztracts fsr
services, purchase naterials and supplies, execute
applicaticns, sovernment and quasi-governnezt perzits ~.nd
licenses, cbtaiz F;G. and VA apprcvais, enter into writter!
contrzcts with City and Ccunty agencies (izcludin~ schcci
districts) prelininary to or cor.currer?t wit'. the
subdivision cf real property cwneci, cr un~er cmzract to
purchase by sale acreernent cr opticn, which contraccs zze
a part of said subdivision process, execate documents or
instrunencs 5-drdening this Ccrpcration's real property as
a part 05 the subdivision process, inclueing but nct
limited to Subdivisicn Zmprcvemfntkcreerrents, easements,
rights-of-way, licezses, ccvenants, ccr;diticns and
reservations ( I' CC&R"s 'I ) , annexation acreeneLts,
applications fcr Deparzment cf Real Estate public reports, ticle ccnl3ar-y indemnification agreements
relating to Ccrporation reai property, pbblic as6 quasi- public utlilty .-. service zpp:ications ar.6 contracts,
t L~m;3crarj; entry asveenents, ccntracts for the sale or
2nd is a 2EY-E @f a 7"sFiential s-dj-Jeivisi@n k::Qich - -Iaccer
aiithoricy inclades :he autho1-i;j; to ei;ecate FSCYCW
rentai c: chis Corpcrzticn's residential rea2 prcperty
when SEC~ real ~r~~erty is inpro*\Ted with 6 hoasinc LRit
i5st:-uctlcEs, Grar,t 3eeds and ether i~strx~exts cf
conveyance, aad ail cL;?er ccr:traccs in-~~civinc, chis
Corporaticn's ordlnzry course of bcsiness EXCEPT he s:~all
have nc authority to bcrrow ncney, yb -"~rchzso real property, sell reel preperr;; cther than as hel-einabcve
permitted or execute surety bonds on behalf of this Ccrporat i cn .
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RESOLVED FUXTHER, that the authority herein conferred shall remain in force until revocation thereof by the
Board of Directors of this Corporation. "? Dated: June 12, 1995 / . ' /I
L57 ..A /*, .- /
.4f A"- s22- /$,? -i
Robert W. Gar'cin, Secretary of
Greystone iiomes, inc.
(Corporate Seal)
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e e EXHIBIT A
RATE AND METHOD FOR DETERMINING
FAIR SHARE OBLIGATION
RANCHO SANTA FE AND OLIVENHAIN ROAD
The City Council shall use the following rate and method for determining the fair share
obligation for funding the construction of Rancho Santa Fe and Olivenhain Road due fi-ox
property conditioned to participate in the financing of these facilities. This calculation is done
as part of an agreement titled PETITION, WAIVER AND CONSENT TO CREATION OF A
COMMUNITY FACILITIES DISTRICT AND AGREEMENT TO PAY FAIR SHARE
(Agreement) which has been voluntarily entered into by the City of Carlsbad and certain
property owners wishing to proceed with development of their property in advance of the
creation of Community Facilities District No. 2 (CFD No. 2). It is the City and property
owners intent to form CFD No. 2 to provide funding for those improvements described within
the above-referenced agreement.
The following rate and method shall be used to determine the fair share and amount due from
any property owner wishing to take advantage of this alternate funding mechanism.
Basis for Cost Allocation
The basis for allocation of costs to property conditioned with the financing of the
improvements described in the Agreement shall be the Equivalent Dwelling Unit (EDU) which
is defined as follows for residential developments:
Residential EDU Allocation
Single Family - Detached Units 1.0 EDU
Single Family - Attached Units 0.8 EDU
Multi-Family Units 0.6 EDU
Second Dwelling Units 0.0 EDU
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.
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The EDU determination for nonresidential development shall be made by the City Engine€
when such a determination is requested by the property owner. The City Engineer may requez
additional information from any property owner as may be necessary to make hi
determination. The City Engineer is not required to make a determination on the number c
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 il
computing the fair share obligation for any project.
Fair Share Amount and Method of Payment
The City shall collect $10,250 for each EDU as determined by the City Council. This amoun
shall be collected in one payment of $10,250. If the City Council determines the Cip
Engineer's calculation of the number of EDUs included on the final map is in error, the Counci
shall direct the City Engineer to amend his calculations and direct staff to bring the final ma]
back for approval when such correction has taken place. Funds must be paid to the City befort
the final map will be scheduled for Council consideration.
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Computation of Fair Share Obligation
Greystane I Park View- West CT 85-1 5
Amount Paid Under Remaining Balance
Type of
Units I Amount Units I Amount Due Unit of Units Per Unit unit Project
Due - Prior Agreements Total Cost Per . Total Number EDU’
CT 85-15 0 0 131 1,342,750 Single Family - 1 .o 131 . 10,250 1,342,750
Total 131 1,342,750 0 -0 131 1,342,750
-
If the property owner has already obtained a final map for units conditioned with the
financing of Rancho Santa Fe and Olivenhain Road, the property owner shall pay to the City
the net amount due shown above prior to entering into this agreement.
m EXHIBIT ‘By m
ORDER NO. 1135592-1 1
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIl
COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
PARCELS 1 THROUGH 156 INCLUSIVE OF PARCEL MAP NO. 17744, IN THE CITY 0
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TI
MAP THEREOF ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SA
DIEGO COUNTY, SEPTEMBER 5, 1996 AS FILE NO. 1996-0450805, OFFICIA
RECORDS.
EXCEPTING THEREFROM ALL WATER, WATER RIGHTS, OIL, OIL RIGHT!
MINERALS, MINERAL RIGHTS, NATURAL GAS, NATURAL GAS RIGHTS, AN
OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, GEOTHERMA
STEAM, AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, THA
MAY BE WITHIN OR UNDER THE PARCEL OF LAND DESCRIBED IN THIS EXHIBI
TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLOFUN
AND OPERATING THEREFOR AND STORING IN AND REMOVING THE SAME FRO1
SAID LAND OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK 0
DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THOS
HEREINABOVE DESCRIBED, WATER, OIL OR GAS WELLS, TUNNELS AND SHAF?
INTO, THROUGH, OR ACROSS THE SUBSURFACE OF THE LAND HEREINABOW
DESCRIBED, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALL
DRILLED WELLS, TUNNELS, AND SHAFTS UNDER AND BENEATH OR BEYON
THE EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUI
MAINTAIN, REPAIR, DEEPEN, AND OPERATE ANY SUCH WELLS OR MINE
WITHOUT, HOWEVER, THE RIGHT TO ENTER UPON, DRILL, MINE, STOR
EXPLORE, AND OPERATE ON OR THROUGH THE SURFACE OF THE UPPER FI\
HUNDRED (500) FEET OF THE SUBSURFACE OF THE LAND HEREINABOI
DESCRIBED.
ZD-HUg-YJ c. F* Y 0.2 - PRELIMINARY COST ESll w SUMMARY EXH
CITY OF CARLSElAD COMMUNITY FACILITIES DISTRICT NO. 2
STAGE COST SUMMARY
STAGE 1: OLiVENHAlN ROAD
AREA A, (@ EL CAMINO REAL) $2,503,000
AREA B, (@ RANCHO SANTA FE RD.) $91 2,000
DFTENTION BASIN 'D' $871,000 _"""" """---
TOTAL STAGE 1 $4,286,000
STAGES 2: RANCHO SANTA FE ROAD, PHASE I $1 5,032,000
STAGES 3: RANCHO SANTA FE ROAD, PHASE II
STAGE 4: RANCHO SANTA FE ROAD SOUTH
$1 4,230,000
$3,109,000
"""_" """"_
CFD NO. 2 TOTAL $36,657,000
FILE: SUMMARY.WQ1 PREPARED BY: HELMING ENGINEER11