HomeMy WebLinkAbout2000-03-28; City Council; Resolution 2000-99.- *I
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1 RESOLUTION NO. : 2000-99
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A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CARLSBAD, CALIFORNIA,
AUTHORIZING THE MAYOR TO EXECUTE
A PREPAYMENT AGREEMENT BETWEEN
THE CITY OF CARLSBAD AND LB/L
CONCORDIA CARLSBAD LLC FOR CT 98-02
WHEREAS, the City of Carlsbad City Council has required that the
funding of Rancho Santa Fe Road and Olivenhain Road (Project) must be guaranteed before any
development takes place in the area bounded by Local Facilities Management Zones 11 and 12,
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and portions of Zone 6; and
WHEREAS, although the Council anticipates that CFD No. 2 will be ’ ’ formed in the future, the Council is willing to consider alternative financing proposals during the
12 period fi-om the present to the formation date of CFD No. 2; and
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1 5 share of costs associated with the Project; and
16 WHEREAS, LB/L Concordia Carlsbad LLC intends to build a
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WHEREAS, the City Engineer has determined that due to the size of ’ 8 the LB/L Concordia Carlsbad LLC development, there will be no major impact on the circulation
19 system at the present time if the LB/L Concordia Carlsbad LLC development is allowed to
20 proceed; and
21 WHEREAS, the Council finds that LB/L Concordia Carlsbad LLC may
enter into the attached Petition, Waiver and Consent to Creation of a Community Facilities
22 District and Agreement to Pay Fair Share Cost (Exhibit 2, attached hereto) in satisfaction of their
23 obligation under the Project financing conditions.
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WHEREAS, the Council has directed City staff to proceed with the
formation of a Community Facilities District (CFD No. 2) to finance the Project; and
WREREAS, the Council finds that the guarantee provisions related to
the Project may be met through an interim financing program using an agreement between
certain property owners and the City, whereby the property owner agrees to prepay hisher fair
development in Local Facilities Management Zone 6 known as Colina Roble, CT 98-02; and
NOW, THEREFORE BE IT RESOLVED, by the City Council of the
City of Carlsbad, California, as follows:
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2. That the form of the PETITION, WAIVER AND CONSENT TO 4
1. That the above recitations are true and correct.
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CREATION OF A COMMUNITY FACILITIES DISTRICT AND
AGREEMENT TO PAY FAIR SHARE COST, (the Agreement) attached hereto, is
hereby approved.
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3. That the Mayor is hereby authorized to enter into the Agreement
with LBL Concordia Carlsbad LLC.
4. The amount that is due and payable to the City by LBL Concordia Carlsbad 9
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AYES: Council Members Lewis, Hall, Finnila and Kulchin 13
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Council on the 28 day of March ,2000 by the following vote, to wit;
LLC prior to the execution of this agreement by the Mayor shall be equal to $287,000.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City
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NOES: None
ABSENT: Council Mem
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ATTEST:
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LOkdAINE WOOD, City Clerk
(SEAL)
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.I I. ' .. w c ~~~~~~#~~~~
2000-0201033
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Drive
Carlsbad, CA 92008
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' QaPR 3-35 2000 BE35
OFFICIN Em ,1985 sbf! DIE60 WNTY WECdRER'S OFFICE til?EKiI# J. %ITHt WTY EDXDW ES: 55.00
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6 1 Space Above This Line for Recorder's Use v
Assessor Parcel No. 255-040-55
PETITION, WAIVER AND CONSENT TO CREATION
OF A COMMUNITY FACILITIES DISTRICT
AND AGREEMENT TO PAY FAIR SHARE COST
OF CT 98-02 ("AGREEMENT")
COLINA ROBLE
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 Carlsbad Tract Map 98-02 (hereinafter
referred to as the "Project"); and,
WHEREAS, the legal description for the Project is shown on Exhibit "B"
attached hereto; and,
WHEREAS, City has determined this Project is located within the boundaries of
a proposed Community Facilities District known as Community Facilities District No. 2
- Rancho Santa Fe and Olivenhain Road (hereinafter referred to as "District"); and,
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B4 EXHIBIT 1
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WHEREAS, District is intended to be formed to finance those improvement:
generally described in Section 1 herein; and, /
WHEREAS, Property Owner desires to proceed with processing prior to the
formation of District; and,
WHEREAS, condition number 37 of Tentative Tract Map CT 98-02 requires
that the Property Owner provide for or participate 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 the
Project; and,
WHEREAS, the City and Property Owner desire to agree to an alternative
method of financing the improvements described in Section 1 herein that will allow
Property Owner to discharge its fair share and obligation for said improvements in lieu
of, or in anticipation of, participation in District; and,
WHEREAS, the City Council agrees that Property Owner, upon entering into
this agreement and upon payment of the fair share described herein, has mst the
requirement set forth in tentative map condition number 37 for Carlsbad Tract Map
98-02 to provide a financial guarantee for -the construction of those improvements
described in Section 1 below; and,
WHEREAS, Property Owner voluntarily enters into this agreement with respect
to the Project; and,
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WHEREAS, the City Council has determined that due to the size of the
proposed development, there will be no major impact on the circulation system at the
present time if development of the Project is allowed to proceed with sufficienl
financial guarantees for future construction of Property Owner's fair share of the
circulation improvements; /
NOW, THEREFORE, in consideration of proceeding with the processing of
Project, the undersigned Property Owner and City hereby agree and certify to the
following:
1. . Property Owner hereby petitions the City for the initiation of the
proceedings for the formation of District which will cause the construction and
installation and/or financing of the following improvements (hereinafter 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 Widenins, and intersection imcxovernents 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 Secondarv
Arterial Standard - Encinitas Citv Boundarv to Olivenhain Road Full ImDrovements,
2. The cost of construction, engineering, environmental mitigation's, 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
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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 ful
knowledge of such rights, completely and forever waives such rights. Specifically
Property Owner hereby consents to the proceedings and waives any right to protes.
the formation of the District and the ordering of the improvements unde.r applicablc
California statutes and consents to and supports formation of said District witt
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 forrr
said District, Property Owner has entered into this agreement and has paid to the City
all amounts due as described herein.
4. a) Property Owner agrees to pay to City, or provide, its fair share for
the Improvements described in Section 1.
b) Said payment, or provision, shall be made in the manner described
in Exhibit "A", Rate and Method for Determining Fair Share Obligation Rancho Santa
Fe and Olivenhain Road, which is incorporated herein by reference.
c) The amount of Property Owner's fair share will be conclusively
determined by the City Council in the manner described in Exhibit "A" attached
hereto.
d) Payment by Property Owner of its fair share of improvement costs
as determined by City Council and set forth herein will satisfy its obligations for the
construction of the improvements described in Section 1, as required by the Tentative
Map condition number 37 as that condition applies to Carlsbad Tract No. 98-02
subject to adjustment as described in Section 9 herein.
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e) Alternatively, if the District is formed and Project is included within
it, Property Owner's obligations to pay its fair share pursuant to thkagreement 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 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 and/or to post improvement bonds as required by the City
Engineer. Nor does this agreement relieve Property owner from providing other public
facilities required under conditions placed upon Tentative Map CT 98-02 by the City.
8. Property Owner agrees that payment of its fair share is not a fee and
waives any and all rights to notice of, or challenges to, the establishment or
imposition of said fair share as a fee under provisions of Government Code section
66000 et sea., or any successor or related statutes.
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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 financk
obligation shall be recalculated using the taxing formula established for the District fol
the improvements described in Paragraph 1. If that obligation is,, lower than tht
amount previously paid or provided by Prop.erty Owner to City, City shall refund an)
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 othel
revenue sources.
c) In the event that sufficient funds are not available from District's
resources, Property Owner shall be reimbursed in the order in which funds were
deposited with City as soon as sufficient funds become available, as determined by
the City Council, through the payment of one-time taxes or annual undeveloped land
taxes to the District. The City is not required to establish an undeveloped land tax
within the District to provide such refund.
d) No reimbursement is required until the City Council determines
that sufficient funds are available. Any refund to Property Owner shall not include
interest.
e) Any payment received by the City under this agreement shall be
deposited in a special interest bearing fund and may only be used to' fund the
construction of the facilities described herein. Upon the formation of a CFD to fund
these same Improvements, any amount remaining in the special fund may be
transferred to the CFD fund, at the discretion of the Finance Director.
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10. Upon completion of the Improvements, and recording of the notice' 01
. 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 $1 00,000 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 $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 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 #I taxes, grants, and interest earned on restricted funds as
determined by the Finance Director.
b) The amount of the refund due to any party shall be based on the
proportion of that party's payments under this agreement based on its' proportional
share of Equivalent Dwelling Units constructed or to be constructed by that party,
weighted as described in Exhibit A, divided by the total number of EDUs constructed
or to be constructed within, and participating in, CFD #2 andlor CFD #2 agreements
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to prepay taxes. The amount of the refund shall be determined by multiplying th
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. Sucl
request must be made within 90 days after the City/Council’s acceptance of thi
Notice of Completion for the final phase of the Improvements. Each request must bt
accompanied by documents indicating clear title to the refund unless the request i:
being made by the party which originally paid the taxes to the City under 2
prepayment agreement or to CFD #2.
d) The Finance Director shall compute the amount of the refund due
each party as described above. Funds may be disbursed to the eligible parties
following Council approval of such refunds.
e) If the City does not receive requests for refund from all eligible
parities within the specified period, and all funds cannot be disbursed as provided by
this section, any remaining funds shall be held in a special fund to be used to support
road and roadway maintenance in and around the Improvements area, as determined
to be necessary by the City Engineer, and approved by the City Council.
f) As a courtesy to all interested parties, the City will maintain a file of
those individuals or companies entitled to a refund, and will mail notices of refund
availability to the names and addresses in this file following the City Council‘s
acceptance of the final Notice of Completion. It is the eligible party’s responsibility to
notify the City if the rights to any refunds under this section are assigned to another
party, or if there is a change in name or address for the eligible party. The City takes
no responsibility for the accuracy of the information included in this file, and is under
no obligation to locate persons or entities who are entitled to refunds. Failure to
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notify any party of the availability of excess Revenues shall not obligate the City ir
any way to extend or modify the above refund procedures.
1 1. Compliance with this agreement will be accepted by City as an alternate
to the method described in the current Local Facilities Management Plan for local
facilities Management Zone 1 1 for financing the Improvements described in Paragraph
1. This agreement does not require City to issue building permits or othel
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 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 Pian, and all subsequent discretionary approvals and permits for the
Project may be withheld by City.
13. In addition, the City will not approve any pending final maps, issue
grading, building or other development permits or take any discretionary action 'until
the Property Owner has complied with the terms of this agreement due to be satisfied
at the time such approval is required.
14. The City may, at its discretion, elect to pursue any remedy, legal or
equitable against Property Owner and Property Owner's successors, heirs, assigns,
and transferees of the Project to secure compliance with this agreement.
15. City shall not, nor shall any officer or employee of City, be liable or
responsible for any loss or damage incurred by Property Owner or any successor or
assign of Property Owner, or by any occupant in Property Owners buildings, as a
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result of the exercise of any remedies provided to City in this agreement. Propert)
Owner agrees to indemnify City for any liabilities incurred by City as a result of City's
exercise of these remedies.
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16. This agreement and the covenants contained herein shall be binding upor
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:
Notices to the City shall be delivered to:
Finance Director
City of Carlsbad
1635 Faraday Ave.
Carlsbad, CA 92008
Notices to Property Owner shall be delivered to:
LBIL Concordia Carlsbad-28-LLC
71 30 Avenida Encinas, Suite 200
Carlsbad, CA 92009
Each party shall notify the other immediately of any change that would require
any notice delivered hereunder to be directed to another party.
18. This agreement shall be recorded but shall not create a lien or security
interest in the property.
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19. The undersigned Property Owner further states, under penalty of perjury,
that he is owner of the property as described herein on Exhibit "B", or an authorized
agent of the owner, and has the authority to execute this document, including the
binding authorizations herein. i
Executed this 21 'Ly of h!'fdg?% , 2000. /
"OWNER:
LB/L Concordia Carlsbad-28-LLC
By: LB/L-Concordia Master LLC,
a Delaware LLC
By:
ATTEST,
Name
.h havr uol ~~~~~V~
(title and organizatiod of sighatory)
By:
City Clerk
(sign here)
(print name here)
(title and organization of signatory) rj&r3iL&/
Approved as to form:
Ronal A. Ball
City Attorney
(Proper notarial acknowledgment of execution by *OWNER must be attached.)
(President or vice-president and secretary or assistant secretary must sign for
corporations. If only one officer signs, the corporation must attach a resolution
certified by the secretary or assistant secretary under corporate seal empowering that
officer to bind the corporation.)
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
personally appeared
Name(@ of Signer(s)
evidence
to be the person$$- whose namev&M
subscribed to the within instrument and
acknowledged to me that@shdWyexecuted
the same in l&h#&er authorized
capacityo, and that by @l#&#eir
signaturewon the instrument the person&), or
the entity upon behalf of which the person&
acted, executed the instrument.
Place Notary Seal Above
Though the information below is not required by law, it may prove valuable to persons relying on the document
Description of Attached Document
Title or Type of Document: w-
Document Date: ,?%-i 1- Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
0 Corporate Officer - Title(s):
0 Partner - 0 Limited General
0 Attorney in Fact
0 Guardian or Conservator
Signer Is Representing:
0 1997 National Notary Association - 9350 De Soto Ave.. P.O. Box 2402 - Chatworth. CA 91313-2402 Prod. No. 5907 Reorder: Call Toll-Free 1-800-8766827
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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 shar
obligation for funding the construction of Rancho Santa Fe and Olivenhain Road du
from property conditioned to participate in the financing of these facilities. Thi.
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calculation is done as part of an agreement titled PETITION, WAIVER AND CONSENl
TO CREATION OF A COMMUNITY FACILITIES DISTRICT AND AGREEMENT TO PAY
FAIR SHARE (Agreement) which has been voluntarily entered into by the City o
Carlsbad and certain property owners wishing to proceed with development of thei
property in adva'nce 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 fol
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 per product classification as follows:
Product Classification Eauivalent 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
Commercial/lndustriaI and other 10 EDU per Acre
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The number of each type of unit included in a development shall be determined by thr
City Engineer based on the most recent final map submitted to the City for approval,
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The EDU determination for non-residential development shall be made by the Citl
Engineer when such a determination is requested by the property owner. The Citj
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 E
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 Payment
The City shall collect $1 0,250 for each EDU as determined by the City Council. This
amount shall be collected in one payment of $1 0,250 per EDU to be paid prior to
Council consideration of final map approval as described below.
1) Prior to the approval of a final map by the City Council, the property owner
shall pay to the City. an amount equal to the number of EDUs included in said final
map, as determined by the City Engineer, times $1 0,250. If the City Council
determined that the City Engineer's calculation of the number of EDUs in.cluded on the
final map is in error, the Council shall direct the City Engineer to amend his
calculations and direct staff to bring the final map back for approval when such
correction has taken place. Funds must be paid to the City before the final map will
be scheduled for Council consideration.
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Computation of Fair Share Obligation
Colina Roble CT 98-02
I I I Units I
TOTAL
2) If the property owner has already obtained a final map for units conditioned
with the financing of Rancho Santa Fe and Olivenhain Road, the property owner shall
pay to the City the net amount due shown above prior to entering into this
agreement.
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ORDER NO. 1204262-1
LEGAL DESCRIE'TION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFOkMA, COUNTY 0:
SAN DIEGO, AND IS DESCRBED AS FOLLOWS:
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PARCEL A:
THAT PORTION OF LOT 13 OF THE SUBDMSION OF kANCH0 LAS ENCZNITAS, IN THE COUNTI
OF SAN DIEGO, STATE OF CALIFORNA, ACCORDING TO MAP THEREOF NO. 848, FEED IN THI
OFFICE OF, THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 27, 1898, DESCRIBED A!
FOLLOWS:
BEGINNING AT A POINT ON THE WESTERLY LINE OF SAID LOT 13, WHICH IS DISTANT THEREOK
NORTH 2'50'30" WEST 1323.85 FEET FROM THE SOU'THWESTERLY CORNER OF SAID LOT 13;
THENCE NORTH 87'03'55" EAST 1792.90 FEET TO THE CENTER LINE OF THE COUNTY ROAC
KNOWN AS ROAD SURVEY NO. 454-A, AS DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO,
RECORDED DECEMBER 19,1930 IN BOOK 1839, PAGE 356 OF DEEDS, RECORDS OF SAID COUNTY;
THENCE ALONG SAID CENTER LINE AS FOLLOWS: NORTH 36'53'23" WEST - RECORD NORTH
37'01' WEST - 395.54 FEET T0.m BEGINNING OF A TANGENT 1000.00 FOOT RADIUS CURVE,
. CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG SAID CURVE 291.9'1 FEET
THROUGH AN ANGLE OF 16'43'30"; THENCE TANGENT TO SAID CURVE NORTH 20'09'53" WEST
LOT 13; THENCE ALONG SAID NORTHERLY LINE, SOUTH 87'03'30" WEST 1216.69 FEET TO THE
NORTHWESTERLY CORNER OF SAID LOT 13; THENCE ALONG THE WESTERLY LINE OF SAID
LOT, SOUTH 2'50'30" EAST 1323.84 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION OF LOT 13 OF THE SUBDMSION OF RANCHO LAS
ENCINITAS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALJFORNTA,
ACCORDING TO MAP NO. 848, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, JUNE 27,1890, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAD LOT 13, SAID NORTHWEST CORNER BEING
THE TRUE POINT OF BEGINNING; THENCE EASTERLY ALONG THE NORTHERLY LINE OF SAID
DESCNBED IN DEED TO THE COUNTY OF SAN DEGO RECORDED DECEMBER 19,1930 IN BOOK
1839, PAGE 356 OF DEEDS, RECORDS OF SAID COUNTY, ALSO KNOWN AS RANCHO SANTA FE
ROAD; THENCE LEAVING SAID NORTHERLY LINE OF LOT 13 SOUTHERLY ALONG THE
CENTERLINE OF SAID ROAD SURVEY 454-A SOUTH 20'09'53" 'EAST, 280.84 FEET, THENCE
LEAVING SAlD CENTERLINE OF ROAD SURVEY 454-A WESTERLY ALONG A LINE PARALLEL TO
SAID NORTHERLY LINE OF LOT 13 SOUTH 87'03'30" WEST, 518.71 FEET; THENCE LEAVING SAID
PARAUEL LINE SOUTHERLY SOUTH 02'56'30" EAST, 150.00 FEET; THENCE WESTERLY ALONG A
LINE PARALLEL TO SAID NORTHERLY LINE OF LOT 13 SOUTH 87'03'30" WEST, 291.59 FEET;
THENCE LEAVING SAID PARALLEL LINE NORTHERLY NORTH 02'56'30" WEST, 150.00 FEET;
768.03 FEET - RECORD NORTH 20'17'30" WEST 764.26 FEET - TO THE NORTHEKY LINE OF SAID
LOT 13 NORTH 87'03'30" EAST, 1,216.68 FEET TO THE CENTERLINE OF ROAD SURVEY 454-A AS
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ORDER NO. 1204262-1
THENCE WESTERLY ALONG A LINE PARALLEL TO SAID NORTHERLY LINE OF LOT 13 SOUT,
87"03'30" WEST, 490.00 FEET TO THE WESTERLY LINE OF SAID LOT 13; THENCE LEAVING SAIl
PARALLEL LINE NORTHERLY ALONG SAID WESTEmY LINE OF SAID LOT 13 NORTH 02°50130
WEST, 268.25 FEET TO THE TRUE POINT OF BEGINNING. i
PARCEL B: /
AN' EASEMENT FOR PUBLIC UTILmS AND RIGIFT-OF-WAY FOR ROAD PURPOSES, OVER
UNDER, ALONG AND ACROSS A STRlp OF LAND 80 FEET WIDE OF THAT PORTION OF LOT 13 01
THE SUBDIVISION OF RANCHO LAS ENCINEAS, IN THE CITY OF CARLSBAD, COUNlY OF SA?
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO. 848, FILED IN THE OFFICE OF THI
COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 27,1890, MORE PARTICULARLY DESCRIBE1
AS FOLLOWS:
BEGlNNING AT THE NORTHWEST CORNER OF SAID LOT 13, SAID NORTHWEST CORNER BEING
THE TRUE POINT OF BEGINNING; THEWCE EASTEFUY ALONG THE NORTHERLY.,LINE OF SAlc
LOT 13 NORTH 87"03'30" EAST, 80.00 FEEX THENCE LEAVING SAID NORTHERIY LINE
SOUTHERLY ALONG A LINE PARALLEL TO THE WESTERLY LINE OF LOT 13, SOUTH 02"50'30"
EAST 268.25 FEET; THENCE WESTEXLY ALONG A LINE PARALLEL TO SAID NORTHERLY LINE OF
LOT 13, SOUTH 87"03'30" WEST 80.00 FEET TO THE WESTERLY LINE OF SAID LOT 13; THENCE
LEAVING SAID PARALLEL LINE NORTHERLY ALONG SAID WESTERLY LINE OF LOT 13 NORTH
02"50'30" WEST, 268.25 FEET TO THE TRUE POINT OF BEGINNING, TOGETHER WITH SLOPE
RIGHTS TO A "UM OF TEN (I 0) FEET.
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