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HomeMy WebLinkAbout2004-10-26; City Council; Resolution 2004-3411 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2004-341 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A MEMORANDUM OF UNDERSTANDING, ACCEPTING A CONSERVATION EASEMENT, AND EXECUTING A QUITCLAIM OVER CERTAIN PROPERTY OWNED BY THE COUNTY OF SAN DIEGO. WHEREAS, the industrial development project known as Carlsbad Oaks North (CT 97-13 and EIR 98-08) was approved by the Carlsbad City Council on October 8, 2002, including approvals for construction of Faraday Avenue and El Fuerte Street which are important arterial roadways in the Carlsbad General Plan; and WHEREAS, EIR 98-08 included mitigation measures for impacts to wildlife habitat and biological resources due to the project; and WHEREAS, in partial satisfaction of the mitigation measures, Techbilt Construction Corporation (Techbilt) proposes to purchase a Conservation Easement over a portion of land owned by the County of San Diego Department of Public Works-Airports, contiguous with the Carlsbad Oaks North project site and having high value for wildlife conservation purposes; and WHEREAS, a Memorandum of Understanding (MOU) has been prepared by and between the City of Carlsbad, the County of San Diego, Techbilt and the Center for Natural Lands Management (CNLM) whereby Techbilt will pay the County agreed upon compensation for a Conservation Easement over 108.4 acres to be conveyed to the City of Carlsbad; and WHEREAS, the City Council has determined that signing the MOU and accepting the Conservation Easement would be in the best interest of the City of Carlsbad and the public interest by facilitating satisfaction of a portion of the mitigation requirements stated in EIR 98-08, including impacts due to construction of Faraday Avenue and El Fuerte Street, and by adding the conserved area to the City’s Habitat Management Plan preserve system; and WHEREAS, the City Council intends to transfer the Conservation Easement to a conservator with demonstrated experience and expertise in the stewardship of such areas, accompanied by an endowment funded by Techbilt in an amount adequate to fund all necessary 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 and required management and monitoring tasks to the satisfaction of the parties to the MOU, in perpetuity. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Carlsbad finds and resolves as follows: 1. That the above recitations are true and correct. 2. That the MOU is attached hereto as Attachment A, the Conservation Easement is attached hereto as Attachment B, and the Quitclaim attached hereto as Attachment C. 3. That the City Manager is hereby authorized to sign the MOU with the County of San Diego , Techbilt and CNLM and to accept the Conservation Easement over 108.4 acres of land owned by the County of San Diego. 4. That the City Manager is authorized to take such other actions as are necessary and appropriate to implement this matter. 5. That the Quitclaim transferring the Conservation Easement to CNLM is hereby approved for execution by the Mayor and recordation immediately upon conveyance of the Conservation Easement to the City from the County of San Diego. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 26th day of October , 2004, by the following vote, to wit: AYES: Council Members Lewis, Finnila, Kulchin, Hall and Packard. NOES: None n ABSENT: None A ATTE8T: (SEAL) 4 -2- FOR COUNCIL MEETING ITEM #2 /@-s&-Qy October 22,2004 TO: Mayor and City Council FROM: City Attorney OFFSITE CONSERVATION EASEMENT FOR CARLSBAD OAKS NORTH I NOUSTRIAL PROJECT This memo is to advise you that attachment B to Resolution No. 2004-341 , which is missing from your packet, is actually a duplicate of Exhibit C to the MOU, the Conservation Easement Deed from the County of San Diego to the City of Carlsbad. Therefore, you have all of the documents for consideration and Exhibit C to the MOU should function as attachment B to the Resolution. Mr. Rideout should point this out in his presentation to the Council at the meeting. ~ANE MOBALDI Assistant City Attorney rmh c: City Clerk City Manager City Attorney Principal Planner Rideout MEMORANDUM OF UNDERSTANDING BETWEEN TECHBILT CONSTRUCTION COW., THE CITY OF CARLSBAD AND THE COUNTY OF SAN DIEGO Techbilt Construction Corp., a California corporation (“Techbilt”), the City of Carlsbad, a municipal corporation (“City”), County of San Diego, a political subdivision of the State of California (”County”), and the Center for Natural Lands Management (CNLM) collectively referred to herein as “Parties”, have jointly determined that it is in the best interest of each and the public to cooperate in the remediation of the impacts of the proposed extension of Faraday Avenue and South Agua Hedionda Sewer Interceptor through the McClellan-Palomar Airport (“Airport”). RECITALS A. The Airport is a commercial service facility located on 486 acres in the City of Carlsbad, County of San Diego. The Airport is owned and operated by the County. All easements and rights-of-way granted over Airport property and acquisitions of property for Airport use are subject to the oversight and approval of the Federal Aviation Administration (“FAA’). B. On August 8, 1997, through a Settlement Agreement (hereinafter “Settlement Agreement”) between the City, County and Coast Waste Management, Inc., the County agreed to provide the City with an 84 foot wide right-of-way (“Right-Of-Way”) for public street and public utility purposes together with necessary construction access, slope and drainage rights for the extension of Faraday Avenue from Orion Street to the border between the Cities of Vista and Carlsbad over Airport property. C. The extension of Faraday Avenue through the Right-of-way is a major component of the circulation element in the City of Carlsbad’s General Plan. The City has made the extension of Faraday Avenue through the Right-of-way a requirement for any further development of property to the east of the Airport. Techbilt proposes to develop land within the City of Carlsbad to the east of the Airport. As a condition for approval of this development, the City has required Techbilt to complete an extension of Faraday Avenue through the Right-of-way. D. An Environmental Impact Report prepared for the project proposed by Techbilt and on file with the State Office of Planning and Research as SCH No. 2000051057 identified impacts to habitat for the coastal California gnatcatcher. The U.S. Department of the Interior, Fish and Wildlife Service (the “Service”) and California Department of Fish and Game (“CDFG’), have determined that mitigation requirements for these impacts would be satisfied in part by granting a 108.4 acre conservation easement (“Conservation Easement”) to the City in perpetuity over County Airport land all as shown on the map attached hereto and incorporated herein by this reference as Exhibit “A”, with the attendant habitat conservation management duties undertaken by the Center for Natural Lands Management (“CNLM”) E. The Conservation Easement has an appraised value of $1.95 million. Techbilt has offered the County a 2.002 acre fully developed industrial lot with an appraised value of $1.22 Page 1 of 6 SDF’UBUUBV268497 V- million and $730,000 cash as consideration for the appraised value of the Conservation Easement. The County Mitigation Land Bank Committee has determined that the County has no need for the 108.4 acres that will be encumbered by the Conservation Easement for mitigation in the foreseeable future. F. The purpose of this Memorandum of Understanding (“Memorandum”) is to memorialize the Parties’ understanding surrounding the terms and conditions whereby the Conservation Easement may be conveyed to City by County as partial mitigation for the impacts of Techbilt’s proposed development and Faraday Avenue extension. AGREEMENT NOW, THEREFORE, the Parties agree as follows: 1. In exchange for seven hundred thirty thousand dollars and no cents ($730,000) plus fee title, free and clear of any and all accrued taxes (whether or not delinquent), liens, encumbrancedeasements adversely affecting -the value of the lot, assessments, leases (recorded andor unrecorded) or defects in title to a 2.002 acre, fully developed industrial lot (valued at $1,220,000.00) in Carlsbad Oaks East Industrial Park as more particularly identified in Exhibit “B” hereto, County shall convey to City and record in the Official Records of San Diego County, California, the Conservation Easement in the form attached hereto as Exhibit “C”. 2. Prior to conveying the Conservation Easement to City, Techbilt shall provide County with a CLTA or ALTA standard owner’s policy of title insurance, from a company reasonably acceptable to County, insuring the County, and its officers, agents and employees from any and all loss or damage suffered by reason of any and all liens or encumbrances, defects in title or incorrectness of searches of title for the 2.002 acre lot. Techbilt shall also provide County with such funds as may be required by County to provide City with any policy or policies of title insurance for the easement area in accordance with the Conservation Easement. 3. Techbilt shall convey the industrial lot to the County of San Diego, Department of Public Works Airports, by a Grant Deed in a form acceptable to County. Techbilt shall be responsible for paying all accrued taxes (whether or not delinquent), assessments, fees and any other charges due and owing on the industrial lot at the time it is conveyed to County. Techbilt shall pay all escrow fees, recording costs, association charges and any other transaction costs necessary to convey title to the lot to County. 4. It is understood by the Parties that the County will have an Environmental Assessment Report prepared for the 2.002 acre industrial lot. This report must be reviewed and approved by the County prior to the transfer and recording of this lot to the County. County, at its sole discretion, has the right to void this Memorandum and any documents executed pursuant to the Memorandum at any time prior to recordation of the Grant Deed for the lot, should the Environmental Assessment reveal any hazardous, volatile or other materials that may adversely affect its value. SDPuBUUBO68497 Page 2 of 6 5. Pursuant to the terms of this agreement and the attached Conservation Easement, immedately after transfer of the Conservation Easement to the City of Carlsbad, the City shall transfer the easement to the CNLM. The CNLM shall accept the Conservation Easement from the City of Carlsbad. 6. An Endowment Fund shall be established by Techbilt in an amount acceptable to the City, County, CNLM, CDFG, and Service. The amount will be adequate to preserve the Conservation Values of the Conservation Easement in perpetuity. Concurrent with the recording of the transfer of the Conservation Easement from the City of Carlsbad to CNLM , Techbilt shall transfer the Endowment Fund to the CNLM. 7. The CNLM shall maintain and prudently invest the Endowment Fund to provide income and earnings that will be used to preserve the Conservation Values of the Conservation Easement in perpetuity. 8. The County shall make to City an Irrevocable Offer To Dedicate Real Property For Public Street And Public Utility Purposes (“IOD”) over the area within the Right-of-way in accordance with the terms of the Settlement Agreement. The IOD to be conveyed to City by County shall be recorded in the Official Records of San Diego County, California, in the form attached hereto as Exhibit “D’,. Any changes to the form of the IOD attached hereto as Exhibit “D” shall require the prior written approval of the City and County. Techbilt and/or other developer’s required by City shall be solely responsible for installing at their expense all road improvements, including but not limited to, all curb, gutter, sidewalk, drainage, and traveled surface improvements, within the IOD area described in Exhibit “D” to the satisfaction of City. The construction and all subsequent maintenance, repair and rehabilitation of facilities and improvements shall be at no cost to County. Techbilt, at its sole cost and expense, shall obtain and comply with all necessary Federal, State and local government permits, approvals and authorizations required for the establishment, conservation, restoration, maintenance and monitoring of the Conservation Easement in perpetuity. This shall include, but not be limited to the following: Regional Water Quality Control Board 40 1 Clean Water Certification - file number 02C093; U.S. Army Corps of Engineers 404 Permit number 2002-00641-RJL; and State Department of Fish and Game 1603 Stream Bed Alteration Agreement number R-5-2002-02 18. 9. 10. Techbilt’s obligations under this Agreement shall be binding upon any and all of Techbilt’s successors, assigns and beneficiaries. Notwithstanding the foregoing, there will be no assignment, transfer or conveyance of any interest in the Conservation Easement between the County and Techbilt, or dissolution of the endowment fund to CNLM required to be established by Techbilt without full disclosure to and written approval from all Parties, CDFG and the Service. 11. The County and the City mutually agree that each, their agents, officers and employees shall not be held liable to the other for any claims, liabilities, penalties, fines or for damage to any goods, properties or effects of any person whatsoever, nor for personal injuries to or SDPUB\RLB\268497 Page 3 of6 deaths of them, or any of them, caused by or resulting from any acts or omissions authorized by this Memorandum. Techbilt agrees to indemnify, defend and save free and harmless the County and City and their agents, officers and employees against any of the foregoing liabilities and any costs and expense, including but not limited to, reasonable attorneys' fees, incurred by each on account of any claim therefor, including but not limited to, claims by reason of alleged defects in title to any property interest conveyed, the establishment, conservation, restoration, maintenance and monitoring of the Conservation Easement in perpetuity, or any other work or services done or provided to any of the Parties pursuant to this Memorandum. 12. Any notice required or permitted under this Memorandum may be personally served on the Parties, by the party giving notice, or may be served by certified mail, return receipt requested, to the following addresses: COUNTY: County of San Diego Department of Public Works 1960 Joe Crosson Drive El Cajon, CA 92020-1236 Attn: Airports Director CITY: City Engineer City of Carlsbad 163 5 Faraday Avenue Carlsbad, CA 92008 TECHBILT: Techbilt Construction Corp., a California corporation 3575 Kenyon Street San Diego, CA 921 10 CNLM: Center For Natural Lands Management: 425 E. Alvarado Street, Suite H Fallbrook, CA 92028 13. The signatories to this Memorandum represent and warrant that they have the requisite authority to enter into ~s Memorandum on behalf of the party for whom they sign. 14. This Memorandum shall be effective as of the latter of the dates of its approval by the County, the City and Techbilt and shall continue in full force until termination upon completion of the actions agreed upon herein or the mutual written consent of the Parties. 15. This Memorandum represents the entire understanding of the Parties as to those SDPUBWE68497 Page 4 of 6 matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to the matters covered herein. This Memorandum may not be modified, amended or altered except in writing signed by each of the Parties. Any changes to the form of the Conservation Easement attached hereto as Exhibit “C” shall require the prior written approval of the Parties, CDFG and Service. 16. Should any part of this Memorandum be held to be invalid by a court of competent jurisdiction, the remainder of the Memorandum shall be considered as the whole agreement and be bindmg on the Parties. 17. This Memorandum shall be construed in accordance with and governed by the laws of the State of California. This Memorandum shall be deemed made and entered into in San Diego County, California which shall also be deemed to be the sole and proper venue for any action or proceeding relating to this Memorandum. 18. This Memorandum and each of the Exhibits hereto shall be subject to the review and approval of the FAA, the CDFG and the Service. If, for any reason, any of these agencies disapprove of this Memorandum or of any of the Exhibits hereto, the Memorandum shall be of no force and effect and considered void ab initio unless the Parties consent to an amendment or modification of the Memorandum which is acceptable to the agencies. If the Memorandum is deemed void, the Conservation Easement and IOD contemplated herein shall likewise be void and of no force and effect, and the Parties agree to take whatever steps may be necessary to acknowledge this fact. \\\\ \\\\ \\\\ \\\\ SDPUBUUBY268497 Page 5 of 6 IN WITNESS WHEREOF, the Parties hereto have caused this Memorandum to be signed the month, day and year below written. COUNTY OF SAN DIEGO Dated: COlN. 04 Clerk of the Board of Supervisors Dated: /O(a7,hq CITY OF CARLSBAD Raymond R. Patchett, City Manager CTION COW. Paul K. Sng, President Dated: Dated: t3- I 8- 04 I A roved and/or authorized by the Board &tpmMinute Order No.= THOMAS J. PASTUSZKA !l of e County of San Di couNTycouNsEL Page 6 of 6 SDPuBwLBV268497 PLANN I NG ;7604348367 # 8/ 39 Exhibit “A” Map of Airport Land PALOMAR AIRPORT LAYOUT PLAN INSERT PROPERTY EAST OF EL CAMINO REAL WADELL ENGINEERING CORPORATION --YAY AlkFORl PLWING . ENGINEERNC . UbN4GEMENT COUNTY OF SAN BIEGO DEPARTMENT OF PUBLIC WORKS 5555 DYERLAND AVENUE SAM DIEGO CA 92t2S-1295 Exhibit A PA-OMAR COA5- WASTE MANAGCMENT SITE d N 0 0 a t- LL c 0 PLANN I NG ;7604348367 # 11/ 39 Exhibit “B“ Carlsbad Oaks East Industrial Park Page 1 of 4 Exhibit B Y -m 0 z I i j j j j j j j 7 I Page 2 of 4 LEGAL DESCRIPTION Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: PARCEL 1A: PARCEL A OF PARCEL MAP NO. 15562, IN THE UM OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNlY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 9, 1989 AS FILE NO. 89-070363 OF OFFICIAL RECORDS. PARCEL 1B: AN EASEMENT FOR PRIVATE STORM DRAIN PURPOSES OVER A PORTION OF LOT 37 OF CARLSBAD TRACT NO. 74-21, IN THE CITY OF CARLSBAD, COUNn OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 10372, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 13,1982, MORE PARTICULARLY DESCFUBED AS FOLLOWS: A STRIP OF LAND 20.00 FEET IN WIDTH LYING 10.00 FEET ON EACH SIDE AND PARALLEL Wml THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING ATTHE MOST WESTERLY CORNER OF SAID LOT 37; THENCE SOUTH 61 DEG. 12'09" EAST 20.00 FEET TO A POINT ON THE ARC OF NON-TANGENT 356.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUM 61 DEG. 12'09" EAST; THENCE NORTHEAmRLY ALONG ME ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 16 DEG. 35'56", A DISTANCE OF 103.14 FEET; THENCE NORTH 12 DEG. 11'55" EAST 156.58 FEET TO THE TRUE POINT OF BEGINNING OF SAID CENTERLINE; THENCE CONTINUING NORTH 12 DEG. 11'55" EAST 111.25 FEETTO THE BEGINNING OF A TANGENT 244.00 FOOT RADIUS CURVE CONCAVE SOUT-HEASERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 37 DEG. 26'32", A DISTANCE OF 159.45 FEET TO THE POINT OF TERMINUS OF SAID CENTERLINE. ME SIDELINES OF SAID EASEMENT SHALL BE SHORTENED OR mNDED TO BEGIN ON A LINE WHICH BEARS NORTH 49 DEG. 35'19" WESTTHROUGH ME TRUE POINT OF BEGINNING AND SHALL END ON A LINE WHICH BEARS NORTH 19 DEG. 55'02" WESTTHROUGH THE POINT OF TERMINUS. PARCEL 1C: AN EASEMENT FOR PRIVATE STORM DWN PURPOSES OVER A PORTION OF LOT 37 OF CARLSBAD TRACT NO. 74-21, IN ME Crry OF CARLSBAD, COUMY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 10372, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 13,1982, MORE PARTICULARLY DESCRIBED AS FOLLOWS: A STRIP OF LAND 20.00 FEET IN WIDTH LYING 10.00 FEET ON EACH SIDE AND PARALLEL WN THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING ATTHE MOST WESTERLY CORNER OF SAID LOT 37; THENCE SOUTH 61 DEG. 12'09" EAST 20.00 FEETTO THE TRUE POINT OF BEGINNING OF SAID CENTERLINE, BEING A Page 3 of 4 POINT ON THE ARC OF NON-TANGEM 356.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 61 DEG. 12'09" EAST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 16 DEG. 35'56", A DISANCE OF 103.14 FEET; THENCE NORTH 12 DEG. 11'55" EAST 156.58 FEETTO THE POINT OF TERMINUS OF SAID CENTERUNE. THE SIDELINES OF SAID EASEMENT SHALL BE SHORTENED OR EXTENDED TO BEGIN ON SAID RADIAL LINE WHICH BEARS SOUTH 61 DEG. 12'09" EAST 'MROUGH THE TRUE POINT OF BEGINNING AND SHALL END ON A LINE THAT BEARS NORTH 49 DEG. 35'19" WER- THROUGH ME POINT OF TERMINUS. PARCEL 1D: A RECIPROCAL EASEMENT AND MAINTENANCE AGREEMENT AND APPURTENANCES THERETO, OVER, UNDER, ALONG AND ACROSS THAT PORTION OF PARCEL A & B OF PARCEL MAP NO. 15562, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNM RECORDER OF SAN DIEGO COUNTY, FEBRUARY 9, 1989 AS FILE NO. 89-070363 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID PARCEL "A"; THENCE NORTH 49 DEG. 35'19" WES 41.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 40 DEG. 24'41" EAST 55.00 FEET; THENCE NORTH 49 DEG. 35'19" WEST 24.00 FEET; THENCE SOUTH 40 DEG. 24'41" WEST 110.00 FEET; THENCE SOUTH 49 DEG. 35'19" EAST 24.00 FEET; THENCE NORTH 40 DEG. 24'41" EAST 55.00 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION LYING WITHIN PARCEL A HEREINABOVE DESCRIBED, ALL AS SET FORTH AND DESCRIBED IN THAT CERTAIN RECIPROCAL EASEMENT AND MAINTENANCE AGREEMENT RECORDED MARCH 12,1993, AS FILE NO. 1993-0157125 OF OFFICIAL RECORDS. PARCEL 1E: A RECIPROCAL EASEMENT AND MAINTENANCE AGREEMENT AND APPURTENANCES THERETO, OVER, UNDER, ALONG AND ACROSS THAT PORTION OF PARCELS A & B OF PARCEL MAP NO. 15562, IN THE crpl OF CARLSBAD, COUNiY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN ME OFFICE OF THE COUNM RECORDER OF SAN DIEGO COUNTY, FEBRUARY 9,1989 AS FILE NO. 89-070363 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF SAID PARCEL "B", SAID CORNER BEING LOCATED ALONG THE SOUM LINE OF LOKER AVENUE W SAID SOUTH LINE LYING ALONG A CURVE CONCAVE SOUTHEAgERLY, HAVING A RADIUS OF 264.00 FEET AND TO WHICH POINT OF BEGINNING A RADIAL LINE BEARS SOUTH 38 DEG. 44'56" EASf; THENCE SOUTHWESTERLY 17.90 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 3 DEG. 53'08"; THENCE S0Ul-H 36 DEG. 44'56" EAST 20.00 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE WESTERLY AND HAVING A RADIUS OF 30.00 FEET; THENCE SOUTHEASI-ERLY 15.30 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 29 DEG. 13'47"; THENCE SOLJTH 9 DEG. 31'09" EAST 26.76 FEET; THENCE SOUTH 49 DEG. 35'19" EA= 25.00 FEET; THENCE NORTH 40 DEG. 24'41" EASJ 15.00 FEETTO THE BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 15.00 FEET; THENCE NORTHERLY 13.37 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE 51 DEG. 05'18"; THENCE NORTH 10 DEG. 45'37" EAST 44.34 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 20.00 FEET; THENCE NORTHWETERLY 9.80 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 28 DEG. 04'19"; THENCE NORM 38 DEG. 44'56" WEST 23.50 FEET TO THE First American TTtle Page 4 of 4 BEGINNING OF A NON-TANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 264.00 FEET AND TO WHICH POINT A RADIAL LINE BEARS NORTH 34 DEG. 46'35" WEST SAID CURVE BEING ME SOUTHERLY LINE OF LOKER AVENUE EAST; THENCE SOUTHWES-ERLY 18.30 FEET ALONG SAID CURVE THROUGH A CEmL ANGLE OF 3 DEG. 58'21" TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION LYING WITHIN PARCEL A HEREINABOVE DESCRIBED, ALL AS SET FORTH AND DESCRIBED IN THAT CERTAIN RECIPROCAL EASEMENT AND MAINTENANCE AGREEMENT RECORDED MARCH 12, 1993 AS RLE NO. 1993-0157125 OF OFFICIAL RECORDS. APN: 209-083-12-00 HKt American 77t.e PLANN I NG ;7604348367 # 16/ 39 Exhibit “C” Conservation Easement WHEN RECORDED, PLEASE RETURN THIS INSTRUMENT TO: City Clerk City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, CA 92008 AND A COPY TO: Department of Fish and Game Natural Community Conservation Planning 4949 Viewridge Avenue San Diego, CA 92123 United States Department of the Interior Fish and Wildlife Service 601 0 Hidden Valley Road Carlsbad, CA 92009 Space Above Line for Recorder‘s Use Only Assessor’s Parcel No. Portion 209-050-25-00 Project No. & Name Faradav Ave. Ext. County Parcel No. 2004-0045-8 CONSERVATION EASEMENT DEED THIS CONSERVATION EASEMENT DEED is made this Nqay of bckher, 2004, by the County of San Diego, a political subdivision of the State of California (“Grantor”), in favor of the City of Carlsbad, a municipal corporation (“Grantee“), with reference to the following facts. RECITALS A. Grantor is the sole owner in fee simple of certain real property consisting of 108.4 acres in the City of Carlsbad, County of San Diego, State of California, more particularly described in Exhibit “A attached hereto and incorporated by this reference (the “Property”). B. The Property provides critical habitat for the coastal California gnatcatcher (Polioptila californica) that was listed as a threatened species on March 30, 1993 (58 Federal Register 16742), and has significant value for the conservation of the species (hereinafter ”Conservation Values”). C. Grantee is authorized to hold conservation easements for the preservation of land in its natural, scenic, agricultural, historical, forested, or open space condition. Grantee has authority to hold easements for these purposes pursuant to California Civil Code Section 81 5.3(b). D. The State of California, by and through its Department of Fish and Game (UCDFG”), has jurisdiction, pursuant to Section 1802 of the Fish and Game Code, over the conservation, protection, and management of fish, wildlife, native plants and the habitat necessary for biologically sustainable populations of those species. E. The United States Department of the Interior, Fish and Wildlife Service (“USFWS), has jurisdiction over the conservation, protection, restoration, enhancement and management of fish, wildlife and native plants and the habitats on which they depend under the Endangered Page 1 of 10 Species Act, 16 U.S.C. section 1531, et seq. (“ESA), the Fish and Wildlife Coordination Act, 16 U.S.C. section 661-666c, and other applicable laws. The USFWS has issued a biological opinion known as ‘Biological Opinion on the Carlsbad Oaks North Specific Plan in the City of Carlsbad, San Diego County, California; FWS Log No. 1-6-01 -F-2874; Corps File No. 200200641 -RJL”. Said Biological Opinion concerns itself with both the Property and an adjacent proposed industrial park. F. Grantor intends to convey to Grantee an easement in perpetuity to protect the Conservation Values of the Property. Grantee, in turn, intends to convey any and all responsibilities it may acquire by virtue of this grant of easement to the Center for Natural Lands Management, Inc. (“CNLM”), a California non-profit corporation organized for the purpose of conservation and eligible to hold conservation easements under California Civil Code Section 815, or such other conservator as may be acceptable to Grantor, CDFG and USFWS. Concurrent with the recording of the transfer to CNLM, Techbilt Construction Corp., a California corporation, will transfer an Endowment Fund to CNLM, which will be prudently invested to provide income and earnings that will be used to preserve the Conservation Values of this Conservation Easement Deed in perpetuity. COVENANTS, TERMS, CONDITIONS AND RESTRICTIONS In consideration of the above recitals and the mutual covenants, terms, conditions, and restrictions contained herein, and pursuant to California law, including Civil Code Section 81 5, et seq., Grantor hereby voluntarily deeds and conveys to Grantee a conservation easement in perpetuity over the Property of the nature and character and to the extent hereinafter set forth. 1. Purpose. The purpose of this easement is to ensure the Property will be preserved in a natural condition in perpetuity and to prevent any use of the Property that will materially impair or interfere with the Conservation Values of the Property. Grantor intends that this easement will confine the use of the Property to such activities, including without limitation, those involving the preservation and enhancement of native species and their habitat in a manner consistent with the habitat conservation purposes of this easement. 2. Riahts of Grantee. To accomplish the purposes of this easement, Grantor hereby grants and conveys the following rights to Grantee: (a) To preserve and protect in perpetuity the Conservation Values of the Property in accordance with this easement; (b) To enter upon the Property at reasonable times in order to monitor compliance with and to otherwise enforce the terms of this easement, including Grantor’s obligation to manage the Property consistent with Grantor’s duties as set forth in section 4 and for scientific research and interpretive purposes by Grantee or its designees; (c) To prevent any activity on or use of the Property that is inconsistent with the purposes of this easement and to restore the Conservation Values andlor require the restoration of such areas or features of the Property that may be damaged by any act, failure to act, or any use that is inconsistent with the purposes of this easement; (4 All mineral, air and water rights necessary to protect and sustain the biological resources of the Property; and (e) To enforce by means, including, without limitation, injunctive relief, the terms and conditions of the easement. 3. Prohibited Uses. Any activity on or use of the Property inconsistent with the habitat conservation purposes of this easement and not specifically reserved as a right of Grantor is Page 2 of 10 prohibited. Without limiting the generality of the foregoing, the following uses by Grantor, Grantor's agents, and third parties, are expressly prohibited unless specifically provided for through the regional Multiple Habitat Conservation Program or the City of Carlsbad Open Space Management Plan. These prohibitions shall not be construed as restricting the Grantor or Grantee from using herbicides, rodenticides or pesticides, performing maintenance and monitoring, removing invasive plant species, entering the property using off-road vehicles, or erecting signs as needed for the protection of the Conservation Values of the Property. (a) Unseasonal watering, use of herbicides, rodenticides, or weed abatement activities, incompatible fire protection activities and any and all other uses which may adversely affect the purposes of this easement; (b) Use of off-road vehicles; (c) Grazing or surface entry for exploration or extraction of minerals; (d) Excavating, dredging or removing of loam, gravel, soil, rock, sand or other material; (e) Otherwise altering the general topography of the Property, including building of roads or changing the grade of the Property; (f) Removing, destroying, planting or cutting of trees, shrubs, or other vegetation, except as required by law for (1) firebreaks, (2) maintenance of existing foot trails or roads, (3) Compliance with any rules, regulations or policy issued by the Federal Aviation Administration ("FAA") for the management of aviation impacted land, or (4) prevention or treatment of disease or protection of Conservation Values. (9) Recreational activities including, but not limited to, horseback riding, biking, hunting or fishing, except as may be specifically permitted under this Conservation Easement Deed; (h) Commercial or industrial uses; 0) 0) Any legal or de facto division, subdivision or partitioning of the Property; Erection of any building, billboard or sign, (k) Depositing or accumulation of soil, trash, ashes, refuse, waste, bio-solids or any other materials; (1) Planting, introduction or dispersal of non-native or exotic plant or animal species; (m) Filling, dumping, excavating, draining, dredging, mining, drilling, removing or exploring for or extraction of minerals, loam, soil, sands, gravel, rocks or other material on or below the surface of the Property; (n) Manipulating, impounding or altering any natural water course, body of water or water circulation on the Property, and activities or uses detrimental to water quality, including but not limited to degradation or pollution of any surface or sub-surface waters. 4. Grantor's Duties. Grantor shall fully cooperate with Grantee in effectuating Grantee's actions to prevent unlawful entry and trespass by persons whose activities may degrade or harm the Conservation Values of the Property. Grantor shall undertake all necessary actions to protect Grantee's rights under section 2 of this easement. 5. Reserved Riahts. Grantor reserves to itself, and to its personal representatives, heirs, successors, and assigns, all rights accruing from its ownership of the Property, including Page 3 of 1 0 the right to engage in or to permit or invite others to engage in all uses of the Property that are consistent with the purposes of this easement. Grantor further reserves for the benefit of the public those rights required to be reserved by the FAA over aviation impacted land, to wit: (a) The right of flight for the passage of aircraft in the airspace above said easement, together with the right to cause in said airspace such noise and such incidence of flight as may be inherent in the operation of aircraft, now known or hereafter used for navigation or of flight in air, using said airspace, taking off from, landing at or operating on the McClellan- Palomar Airport ("Airport"). (b) The right to require the removal of any buildings, structures, facilities, trees, vegetation or other objects infringing upon or extending into the Airport clear zone approach, take-off or flight surface, together with the right to prohibit the future installation of any buildings, structures, facilities, trees, vegetation or other objects which would infringe upon or extend into said surface. (c) The right of ingress to and egress from, and passage over the herein described easement, for the above purposes. 6. Grantee's Remedies. If Grantee determines that there is a violation of the terms of this easement or that a violation is threatened, Grantee shall give written notice to the violator and demand in writing corrective action sufficient to cure the violation. Grantee shall also notify the Grantor, CDFG and USFWS of the violation. If the violation is not cured within thirty (30) days after receipt of said written notice and demand from Grantee, or if the cure reasonably requires more than thirty (30) days to complete and the violator fails to begin the cure within the thirty (30) day period or fails to continue diligently to complete the cure, Grantee may bring an action at law or in equity in a court of competent jurisdiction to enforce the terms of this easement, to recover any damages to which Grantee may be entitled for violation of the terms of this easement, to enjoin the violation, ex parte as necessary, by temporary or permanent injunction without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies, or for other equitable relief, including, but not limited to, the restoration of the Property to the condition in which it existed prior to any such violation or injury. Grantee may apply any damages recovered to the cost of undertaking any corrective action on the Property. If Grantee, in its sole discretion, determines that circumstances require immediate action to prevent or mitigate significant damage to the Conservation Values of the Property, Grantee may pursue its remedies under this paragraph without prior notice to Grantor, CDFG or USFWS or without waiting for the period provided for cure to expire. Grantee's rights under this paragraph apply equally to actual or threatened violations of the terms of this easement. Grantor agrees that should Grantee's remedies at law for any violation of the terms of this Conservation Easement Deed be reasonably determined by Grantee to be inadequate that Grantee shall be entitled to the injunctive relief described in this section, both prohibitive and mandatory, in addition to such other relief to which Grantee may be entitled, including specific performance of the terms of this easement, without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies. Grantee's remedies described in this section shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity, including but not limited to, the remedies set forth in Civil Code Section 815, et seq,, inclusive. 6.1. Costs of Enforcement. Any costs incurred by Grantee in enforcing the terms of this easement against Grantor, including, but not limited to, costs of suit and attorneys' fees, and any costs of restoration necessitated by Grantor's violation or negligence under the terms of this easement shall be borne by Grantor. To the extent permitted by law, Grantee shall be entitled to recover costs of enforcing the terms of this easement against a third party, including, but not limited to, costs of suit and attorneys' fees. Page 4 of 10 6.2. Grantee's Discretion. 'Enforcement of the terms of this easement by Grantee shall be at the discretion of Grantee, and any forbearance by Grantee to exercise its rights under this easement shall not be deemed or construed to be a waiver by Grantee of such term or of any subsequent breach of the same or any other term of this easement or of any of the Grantee's rights under this easement. No delay or omission by Grantee in the exercise of any right or remedy upon any violation of the terms and conditions of this easement shall impair such right or remedy or be construed as a waiver. 6.3. Acts Bevond Grantor's Control. Nothing contained in this easement shall give the Grantee authority to bring any action against Grantor for any injury or change in the Property resulting from causes beyond Grantor's control, including but not limited to, fire, flood, storm, and earth movement, the actions of third parties not directed or controlled by Grantor or any prudent action taken by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to the Property resulting from such causes. 6.4. CDFG, USFWS, CNLM and Other Entities, Riaht of Enforcement. CDFG and USFWS shall be third party beneficiaries of the rights granted to Grantee by this easement. All rights and remedies conveyed to Grantee under this easement shall extend to and are enforceable by the CDFG, USFWS, CNLM and any other conservator responsible for protecting the Conservation Values of the Property. Notwithstanding Civil Code Section 81 5.7, the California Attorney General, CDFG, USFWS, CNLM and any conservator responsible for protecting the Conservation Values of the Property shall have standing as an interested party in any proceeding affecting this easement. 7. Manaaement. Maintenance, Rehabilitation and Replacement of Conservation Values bv Grantee. Management, maintenance, rehabilitation and replacement of the Conservation Values of the Property shall be the responsibility of Grantee. 8. Access. This easement does not convey a general right of access to the public. Grantee and Grantee's designated contractors or subcontractors shall have the right to enter the Property to perform the required management, maintenance, rehabilitation and replacement of the Conservation Values of the Property. After receiving approval from Grantor, not to be unreasonably withheld, access for scientific research and interpretive purposes, may be reserved to the Grantee, CDFG and USFWS or to any designee of Grantee, CDFG and USFWS. 9. Costs and Liabilities. Grantor shall bear all costs related to the ownership, operation, upkeep, and maintenance of the Property unassociated with the preservation of the Conservation Values. 9.1. Taxes. Grantor or subsequent transferees of the Property shall pay before delinquency all taxes, assessments, fees, and charges of whatever description levied on or assessed against the Property by competent authority (collectively "taxes"), excluding any taxes imposed upon, or incurred as a result of, this easement, and shall furnish Grantee with satisfactory evidence of payment upon request. Any taxes resulting from the establishment of the easement shall be paid from the Endowment Fund. Grantee shall not undertake any activity on the Property that may increase Grantor's liability for taxes without Grantor's consent, which consent shall not be unreasonably withheld. 9.2. Condemnation. The purposes of the easement are presumed to be the best and most necessary public use as defined at Code of Civil Procedure Section 1240.680 notwithstanding Code of Civil Procedure Sections 1240.690 and 1240.700. 10. Subseauent Transfers bv Grantor. Grantor agrees to incorporate the terms of this easement in any deed or other legal instrument by which Grantor divests itself of any interest in all or a portion of the Property, including, without limitation, a leasehold interest. Grantor further agrees to give written notice to Grantee, CDFG and USFWS of the intent to transfer any interest Page 5 of 10 at least forty-five (45) days prior to the date of such transfer. Grantee shall have the right to prevent subsequent transfers in which prospective subsequent claimants or transferees are not given notice of the covenants, terms, conditions and restrictions of this easement. The failure of Grantor or Grantee to perform any act provided in this section shall not impair the validity of this easement or limit its enforceability in any way. Grantor may grant easements related to the Carlsbad Oaks North, Faraday Avenue and other projects of the County of San Diego, City of Carlsbad and/or other local government bodies and utilities as long as the easements do not interfere with the Conservation Values of the Property. Grantor shall not grant any other additional easements, rights of way or other interests in the Property (other than a security interest that is subordinate to this Conservation Easement Deed), or grant or otherwise abandon or relinquish any water agreement relating to the Property, without first obtaining the written consent of Grantee, CDFG and USFWS. Grantee, CDFG or USFWS may withhold such consent if the proposed interest or transfer is inconsistent with the purposes of this Conservation Easement Deed or will impair or interfere with the Conservation Values of the Property. This section shall not prohibit transfer of a fee or leasehold interest in the Property that is subject to this Conservation Easement Deed. 1 1. Subseauent Transfers or Assianment of Easement bv Grantee: Grantee hereby informs Grantor that Grantee intends to immediately convey the easement to the Center for Natural Lands Management (CNLM), a California non-profit public benefit corporation and that CNLM will assume Grantee's duties hereunder. With this transfer, the City of Carlsbad will become a third party beneficiary to this easement and will have the same authority as the Grantee to enforce Grantee's rights under this easement. CNLM may not transfer, assign, or extinguish this easement without the prior written approval of County, CDFG, USFWS and the City of Carlsbad. Grantee or CNLM may assign its rights and obligations under this easement only to an entity or organization authorized to acquire and hold conservation easements pursuant to Civil Code Section 815.3 and only if any consent required from County, CDFG, USFWS and City of Carlsbad is obtained. Grantee shall require the assignee to record the assignment in San Diego County, California. Upon any transfer of this Conservation Easement Deed, CNLM or any subsequent Grantee shall also transfer any remaining Endowment Funds to the new Grantee with the easement. In the event the CNLM or subsequent Grantee is being dissolved, this Conservation Easement Deed and the remaining Endowment Funds shall be transferred to the City of Carlsbad, in conformance with any requirements of the California Corporations Code relating to dissolution of non-profit corporations. 12. Notices. All notices, demands, requests, consents, approvals, or communications from one party to another shall be personally delivered or sent by facsimile to the persons set forth below or shall be deemed given five (5) days after deposit in the United States mail, certified and postage prepaid, return receipt requested and addressed as follows, or at such other address as any party may from time to time specify to the other parties in writing: To Grantor: To Grantee: With a copy to: County of San Diego Department of Public Works 1960 Joe Crosson Drive El Cajon, CA 92020-1 236 Attn: Airports Director City Clerk City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, CA 92008 Attn: City Engineer California Department of Fish and Game Natural Community Conservation Planning 4949 Viewridge Avenue Page 6 of 10 San Diego, CA 92123 United States Department of the Interior Fish and Wildlife Service 601 0 Hidden Valley Road Carlsbad, CA 92009 Center for Natural Lands Management. Inc. 425 E. Alvarado Street, Suite H Fallbrook, CA 92028 The parties agree to accept facsimile signed documents and agree to rely upon such documents as if they bore original signatures. Each party agrees to provide to the other parties, within seventy-two (72) hours after transmission of a facsimile, documents which bear the original signatures. 13. Extinauishment. This easement may not be extinguished without the prior written approval of CDFG and USFWS. Once written approval is obtained, this easement may be extinguished by Grantor and Grantee by mutual written agreement upon the request of either party only after the requesting party acquires and records a perpetual conservation easement in the name of the Grantee at an alternative location, which provides Conservation Values that satisfy the specific mitigation purposes of this easement. 14. Amendment. This easement may be amended by Grantor and Grantee only by mutual written agreement with the prior written approval of CDFG and USFWS. Any such amendment shall be consistent with the purposes of this easement and, except as provided in section 13, shall not affect its perpetual duration. Any such amendment shall be recorded in the official records of San Diego County, California. 15. Recordation. Grantor shall promptly record this instrument in the official records of San Diego County, California, and immediately notify the Grantee, CDFG and USRNS through the mailing of a conformed copy of the recorded easement. 16. General Provisions. (a) Controllina Law. The interpretation and performance of this easement shall be governed by the laws of the State of California and applicable federal law. (b) Liberal Construction. Any general rule of construction to the contrary notwithstanding, this easement shall be liberally construed to effect the purposes of this easement and the policy and purpose of Civil Code Section 815, et seq. If any provision in this instrument is found to be ambiguous, an interpretation consistent with the purposes of this easement that would render the provision valid shall be favored over any interpretation that would render it invalid. (c) Severability. If a court of competent jurisdiction voids or invalidates on its face any provision of this easement, such action shall not affect the remainder of this easement. If a court of competent jurisdiction voids or invalidates the application of any provision of this easement to a person or circumstance, such action shall not affect the application of the provision to other persons or circumstances. (d) Entire Aareement. This instrument sets forth the entire agreement of the parties with respect to the easement and supersedes all prior discussions, negotiations, understandings, or agreements relating to the easement, all of which are merged herein. No alteration or variation of this instrument shall be valid or binding unless contained in an amendment in accordance with section 14. Page 7 of 10 1.. c- (e) No Forfeiture. Nothing contained herein will result in a forfeiture or reversion of Grantor's title in any. respect. (f) Successors. The covenants, terms, conditions, and restrictions of this easement shall be binding upon, and inure to the benefit of, the parties hereto and their respective personal representatives, heirs, successors, and assigns and shall continue as a servitude running in perpetuity with the Property. These covenants hereunder benefiting Grantee shall also benefit CDFG and USFWS. (9) Termination of Riahts and Obliqations. A party's rights and obligations under this easement shall terminate only upon transfer of the party's interest in the easement or Property, with the following exceptions, liability for acts or omissions occurring prior to transfer shall survive transfer, and the City of Carlsbad will remain a third party beneficiary with the same authority and rights of the Grantee. (h) Captions. The captions in this instrument have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon its construction or interpretation. . 0) No Hazardous Materials Liability. Grantor represents and warrants that it has no knowledge of any release or threatened release of Hazardous Materials (defined below) in, on, under, about or affecting the Property. Despite any contrary provision of this Conservation Easement Deed, the parties do not intend this Conservation Easement Deed to be, and this, Conservation Easement Deed shall not be, construed such that it creates in or gives to Grantee any of the following: (1) The obligations or liabilities of an "owner" or "operator," as those terms are defined and used in Environmental Laws (defined below), including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (42 U.S.C. Section 9601 et seq.; hereinafter, "CERCLA"); or (2) The obligations or liabilities of a person described in 42 U.S.C. Section 9607(a)(3) or (4); or (3) The obligations of a responsible person under any applicable Environmental Laws; or (4) The right to investigate and remediate any Hazardous Materials associated with the Property; or (5) Any control over Grantor's ability to investigate, remove, remediate or otherwise clean up any Hazardous Materials associated with the Property. The ten "Hazardous Materials" includes, without limitation, (A) material that is flammable, explosive or radioactive; (B) petroleum products, including by-products and fractions thereof; and (C) hazardous materials, hazardous wastes, hazardous or toxic substances, or related materials defined in CERCLA, the Hazardous Materials Transportation Act (49 U.S.C. Section 6901 et seq.); the Hazardous Waste Control Law (California Health & Safety Code Section 25100 et seq.); the Hazardous Substance Account Act (California Health & Safety Code Section 25300 et seq.), and in the regulations adopted and publications promulgated pursuant to them, or any other applicable federal, state or local laws, ordinances, rules, regulations or orders now in effect or enacted after the date of this Conservation Easement Deed. The term "Environmental Laws" includes, without limitation, any federal, state, local or administrative agency statute, ordinance, rule, regulation, order or requirement Page 8 of 10 1 .( relating to pollution, protection of human health or safety, the environment or Hazardous Materials. Grantor represents, warrants and covenants to Grantee that Grantor's activities upon and use of the Property will comply with all Environmental Laws. (j) Warranty. Grantor represents and warrants that (1) there are no outstanding monetary liens or conservation easements senior in priority to this Conservation Easement Deed, and (2) the Property is not subject to any other encumbrances other than those of record. Upon receipt of funds from the Techbilt Construction Corp. for such purpose, the Grantor will obtain title insurance on the Property in an amount equal to the fair market value of the easement. The title insurance shall be valid as to the transfer to the City of Carlsbad and the subsequent transfer to the CNLM. (k) CounterDarts. The parties may execute this instrument in two or more counterparts, which shall, in the aggregate, be signed by Grantor and Grantee; each counterpart shall be deemed an original instrument as against any party who has signed it. In the event of any disparity between the counterparts produced, the recorded counterpart shall be controlling. (1) Modification. This easement is not subject to modification or amendment except in writing and signed by Grantor, Grantee, CDFG and USRNS or their permitted successors or assigns. (m) Exhibits. All Exhibits referred to in this easement are attached and incorporated herein by reference. (n) Federal or State ApDroDriations. The duties, if any, of the Grantor, Grantee, CDFG and USFWS to carry out their respective obligations under this easement shall be subject to the availability of appropriate funds. (0) Effective Date. This easement shall be effective upon recording with the San Diego County Recorder's Office. \\\\ \\\\ \\\\ \\\\ Page 9 of 10 IN WITNESS THEREOF, Grantor and Grantee have entered into this easement the day and year first above written. COUNTY OF SAN DIEGO, GRANTOR: Thomas J. Pastuszka Clerk of the Board of Supervisors CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the easement by Grantor, dated &.k 14 , 2004, to the Grantee, and to the California Department of Fish and Game and United States Department of the Interior, Fish and Wildlife Service, as a third party beneficiaries, governmental agencies (under Government Code Section 27281), is hereby accepted by the undersigned officer on behalf of Grantee, pursuant to authority conferred by resolution of the Grantee on October 25 , 2004 CITY OF CARLSBAD, GRANTEE: RAYMOND R. PATCHETT, City Manager Approved andlor authorized by the Board Date+& ',tinuto Order NO THOMA J. PASTL SZKA of Sup isor of rlie County of San ,- Deputy CIerk Page 10 of 10 29 2004.0045.B MARCH 10, 2004 J.N. 961005 PAGE 1 OF 2 EXHIBIT 'A' LEGAL DESCRIPTION A PORTION OF THAT PORTION OF LOT "B" OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, LYING WITHIN THE LAND DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO, ACCORDING TO FILE/PAGE NO. 74-014190, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 18, 1974, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL "A" BEGINNING AT POINT 14 OF SAID LOT "B" AS DESIGNATED ON SAID MAP NO. 823, THENCE ALONG THE BOUNDARY OF SAID LOT "B", SOUTH 89'54 ' 00" EAST 23.41 FEET; THENCE ALONG THE EASTERLY BOUNDARY OF SAID PROPERTY BEING DESCRIBED IN SAID DEED, SOUTH 03'05'08" EAST 3247.17 FEET; THENCE, LEAVING SAID EASTERLY BOUNDARY, SOUTH 57'00'19" WEST 102.75 FEET; THENCE SOUTH 40'04'08" WEST 74.03 FEET; THENCE SOUTH 59'51'02" WEST 79.17 FEET; THENCE SOUTH 84'02'21" WEST 71.40 FEET; THENCE SOUTH 09'58'54" WEST 57.65 FEET; THENCE SOUTH 39'02'55" WEST 33.85 FEET: THENCE SOUTH 52'10'38" WEST 82.57 FEET; THENCE SOUTH 73'58'39" WEST 40.49 FEET; THENCE SOUTH 88"12'22" WEST 63.89 FEET; THENCE SOUTH 40'19'04" WEST 72.14 FEET; THENCE SOUTH 44'03'08' WEST 55.45 FEET; THENCE SOUTH 59'16'24" WEST 50.49 FEET; THENCE SOUTH 74'37'59" WEST 102.45 FEET; THENCE NORTH 45'28'27'' WEST 85.58 FEET; THENCE NORTH 86'33'28" WEST 197.84 FEET; THENCE SOUTH 74'59'14" WEST 40.48 FEET; THENCE SOUTH 82'24'38" WEST 47.52 FEET; THENCE SOUTH 89'35'37" WEST 68.26 FEET; THENCE SOUTH 80'17'24" WEST 56.14 FEET; THENCE NORTH 44'38'08" WEST 23.90 FEET; THENCE NORTH 64'53'14" WEST 135.75 FEET; THENCE NORTH 49O16'50" WEST 121.37 FEET TO A POINT ON EASTERLY BOUNDARY OF THE PROPERTY OWNED BY THE CITY OF CARLSBAD PER DEED RECORDED JUNE 30, 1982 AS FILE NO. 82-201566; THENCE ALONG SAID BOUNDARY NORTH 30'28'48'' EAST 838.83 FEET; THENCE NORTH 30'31'12" WEST 800.00 FEET; THENCE SOUTH 87'45'29'' WEST 491.59 FEET TO A POINT ON THE WESTERLY BOUNDARY OF SAID PROPERTY BEING DESCRIBED IN SAID DEED; -.. 2004.0045.B MARCH 10, 2004 J.N. 961005 PAGE 2 OF 2 THENCE ALONG SAID BOUNDARY NORTH 01'28'24'' EAST 787.30 FEET; THENCE NORTH 50'55'35'' EAST 1788.65 FEET; THENCE NORTH 54'15'33" EAST 326.48 FEET TO THE POINT OF BEGINNING. AREA = 98.01 ACRES PARCEL 'B" BEGINNING AT POINT 14 OF SAID LOT 'B" AS DESIGNATED ON SAID MAP NO. 823, THENCE ALONG THE BOUNDARY OF SAID LOT "B", SOUTH 89'54'00'' EAST 23.41 FEET; THENCE ALONG THE EASTERLY BOUNDARY OF SAID PROPERTY BEING DESCRIBED IN SAID DEED, SOUTH 03'05'08'' EAST 5096.93 FEET; THENCE LEAVING SAID EASTERLY BOUNDARY SOUTH 86'54'52" WEST 1747.80 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 69'53'03 WEST 437.14 FEET; THENCE NORTH 38'21'55" EAST 443.36 FEET; THENCE NORTH 08'42'03'' EAST 174.91 FEET; THENCE NORTH 39'04'34" WEST 234.07 FEET; THENCE NORTH 57'12'36" EAST 859.32 FEET; THENCE NORTH 84'48'26'' EAST 58.86 FEET; THENCE SOUTH 35'15'38" EAST 77.86 FEET; THENCE SOUTH 47'00'20'' WEST 175.24 FEET; THENCE SOUTH 28'58'48'' WEST 269.16 FEET; THENCE SOUTH 42'09'34" WEST 112.57 FEET; THENCE SOUTH 12'07'41" WEST 712.74 FEET; THENCE SOUTH 34'32'52'' WEST 151.12 FEET TO THE TRUE POINT OF BEGINNING. AREA = 10.39 ACRES DAJA TABLE @ DELTA/BEARING RADIUS LENGTH 2 S03D5W"E - 324z 17' 3 s57'Qo'19* w - 10275' 1 S8954'ao"E - 2J 41 ' 4 ~40'04'08" w 74.03 ' 6 S4403'08" w . - ' 55 45' 14 S597624" W - 50.49 ?S s7437'59" W - 102 49 I CONSULTA4TS 2710 Loker Avenue 760-931 -7700 Carlsbod, CA 760-931 -8680 Suite 100 FOX: 92008 1005~.N#1a\~mprty~SOCo-atjdwg Yar 10, 2004 11:- : OW 96oyJ(*p: rdcoa; SUWY 10- 15-04 ; 10 : 1 OAhA: PLANN I NG ;7604348367 # 31/ 39 Exhibit “D” Irrevocable Offer to Dedicate Real Property for Public Street and Public Utility Purposes 33 RECORDING REQUESTED BY AND WHEN RECORDED MAILTO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad. CA 92008 Space Above This Line for Recorder’s Use The undersigned grantor(s) declare(s): Documentary transfer tax is $0.00 ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: (x) City of Carlsbad Assessor‘s Parcel No. 209-050-25 Project No. & Name Faradav Ave, County Par. No. 2004-0045-A IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY FOR PUBLIC STREET AND PUBLIC UTILITY PURPOSES FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the County of San Diego, a political subdivision of the State of California, hereinafter designated Grantor, represents that it is the owner of the hereinafter described real property in the City of Carlsbad, County of San Diego, State of California, and for a valuable consideration, hereby makes an Irrevocable Offer of Dedication to the City of Carlsbad, a municipal corporation, hereinafter designated Grantee, its successors and assigns, an easement and right-of-way upon, through, under, over and across the hereinafter described real property for the following purpose: AN EASEMENT FOR PUBLIC STREET AND PUBLIC UTILITY PURPOSES The real property referred to above is situated in the City of Carlsbad, County of San Diego, State of California, and consists of that certain 84 foot wide right-of way for public street and public utility purposes described in Exhibit “A consisting of two (2) page(s), attached hereto and made a part hereof. Exhibit “B consisting of three (3) page(s) is attached for clarity only. The Grantor hereby further offers to Grantee the privilege and right to extend and access drainage structures, excavation and embankment slopes beyond the limits of the herein described right-of-way where required for the construction and maintenance of said street and utilities. RESERVING unto Grantor of the above described parcel of land, its successors, or assigns, the right to eliminate such slopes andor drainage structures or portions thereof, when in the written opinion of the City Engineer of Grantee, the necessity therefore is removed by substituting other protection, support and/or drainage facility, provided such substitution is first approved in writing by said City Engineer. RESERVING THEREFROM the following rights and privileges: 1. For the use and benefit of the Public, the right of flight for the passage of aircraft in the airspace above said easement, together with the right to cause in said airspace such noise and such incidence of flight as may be inherent in the operation of aircraft, now known or hereafter used for navigation or of flight in air, Page 1 of 3 2. 3. 4. 5. This using said airspace taking off from, landing at or operating on McClellan-Palomar Airport. The continuing and perpetual right to prohibit and/or have removed at no expense to Grantor any buildings, structures, facilities, utility poles, trees, bushes, shrubs or any other objects extending into, or which in the future could infringe upon or extend into or above, the McClellan-Palomar Airport clear zone approach, take-off or flight surface. The right to require Grantee, at Grantee’s sole cost and expense to remove, raze or destroy any objects identified in section 2, above, infringing upon or extending into said McClellan-Palomar Airport clear zone surface, together with the right to prohibit the future erection of any objects which would infringe upon or extend into said surface. The right to require Grantee, at Grantee’s sole cost and expense, to mark and light as obstructions to air navigation, any and all of the objects identified in section 2, above, that may at any time project or extend above said surface. The right of ingress to and egress from, and passage over the herein described easement, for the above purposes. Irrevocable Offer of Dedication is made pursuant to Section 7050 of the Government Code of the State of California and may only be accepted by resolution of the City Council of the City of Carlsbad. This Irrevocable Offer of Dedication may be terminated and the right to accept the offer may be abandoned in accordance with the summary vacation procedures in Section 8300, et seq., of the Streets and Highways Code of the State of California. The termination and abandonment may be made by the City Council of the City of Carlsbad or as authorized by Carlsbad Municipal Code Chapter 11.04. This Irrevocable Offer of Dedication shall be irrevocable and shall be binding on the Grantor, its heirs, executors, administrators, successors and assigns. Grantee and Grantee’s successors, assignees and beneficiaries agree to the extent authorized by law, to assume all risks of loss, damage and/or injury to person and/or property by reason of the condition or incidental to the use of the subject right-of-way and will hold harmless, save and indemnify Grantor, and Grantor’s directors, officers, agents and employees (“Covered Parties”), free and harmless from and indemnify against any and all loss, damage, injury, cost of defense, attorney’s fees, witness fees, including expert witness costs or expenses, resulting from injury to any person, including the defense of any action for injury or death, or loss of, or damage to property, resulting from acts of Grantee or the use by Grantee of the premises, excluding therefrom any such loss, damage or expense resulting in any manner from the negligent or intentional acts or omissions of Covered Parties. Page 2 of 3 IN WITNESS WHERE F, the G a or as caused this Irrevocable Offer of Dedication to be executed this /Gay of &%&2004. THE COUNTY OF SAN DIEGO f General Services TATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ) On October 18 , 2Q04, before me, GREGORY J. SMITH, Assessor/Recorder/County Clerk in and for said County and State, personally appeared JOHN J. McTIGHE, Director, Department of General Services 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 (Pursuant to Ordinance No. 7206 adopted September 23, 1986), and that by his signature on the instrument the County executed the same. seal. SMI Name (typed or printed) CERTIFICATION FOR ACCEPTANCE OF DEED OFFER TO DEDICATE REAL PROPERTY This is to certify that the interest in real property conveyed by the Irrevocable Offer to Dedicate Real Property dated , 2004-, from the County of San Diego, a political subdivision of the State of California, to the City of Carlsbad, California, a municipal corporation, is hereby accepted by the City of Carlsbad, California pursuant to CMC Chapter 11.04, adopted on September 16, 1997, and the grantee consents to the recordation thereof by its duly authorized officer. 10/18 Page 3 of 3 APRIL 16, 2004 J.N. 961005 PAGE 1 OF 2 EXHIBIT 'A' LEGAL DESCRIPTION FARADAY AVENUE STREET RIGHT-OF-WAY PR 03-93 PORTIONS OF LOT "B" OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, LYING WITHIN THE LAND DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO, ACCORDING TO FILE/PAGE NO. 74-014190, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 18, 1974, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 'A' COMMENCING AT POINT 14 OF SAID LOT "B" AS DESIGNATED ON SAID MAP NO. 823, THENCE ALONG THE BOUNDARY OF SAID LOT "B", SOUTH 89O27'48" EAST (SOUTH 89O54'00" EAST, REC.) 23.41 FEET; THENCE ALONG THE EASTERLY BOUNDARY OF THAT PROPERTY BEING DESCRIBED IN SAID DEED, SOUTH 02'38 ' 56" EAST (SOUTH 03'05' 08" EAST, REC. ) 3275.59 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ON SAID EASTERLY BOUNDARY SOUTH 02O38'56'' EAST 96.20 FEET TO THE BEGINNING OF A NON-TANGENT 758.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL LINE TO SAID BEGINNING BEARS NORTH ' 33O32'39'' WEST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 5O17'34" A DISTANCE OF 70.02 FEET; THENCE SOUTH 51'09'47'' WEST 318.31 FEET TO THE BEGINNING OF A 892.00 FOOT RADIUS CURVE CONCAVE NORTHERLY, THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 72'21'45'' A DISTANCE OF 1126.56 FEET; THENCE NORTH 56'28'28'' WEST 105.28 FEET TO THE BEGINNING OF A 783.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 22O19'05" A DISTANCE OF 305.00 FEET TO POINT 'A', SAID POINT BEING ON THE SOUTHERLY BOUNDARY OF THE PROPERTY DESCRIBED IN DEED TO THE CITY OF CARLSBAD, ACCORDING TO FILE/PAGE NO. 82-201566, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 30, 1982, A RADIAL LINE TO SAID POINT BEARS NORTH 11'12'27'' EAST; THENCE ALONG SAID SOUTHERLY BOUNDARY SOUTH 78'47 ' 33" EAST (SOUTH 79'13' 45" EAST, REC.) 290.94 FEET TO THE SOUTHEASTERLY CORNER OF SAID CITY APRIL 16, 2004 J.N. 961005 PAGE 2 OF 2 PROPERTY; THENCE ALONG THE EASTERLY BOUNDARY OF SAID CITY PROPERTY NORTH 30'55' 00" EAST (NORTH 30'28' 48" EAST, REC. ) 31.70 FEET TO THE BEGINNING OF A NON-TANGENT 867.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, A RADIAL LINE TO SAID BEGINNING BEARS NORTH 31'33'59" EAST; THENCE, LEAVING SAID EASTERLY BOUNDARY, SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 1'57'33" A DISTANCE OF 29.65 FEET; THENCE SOUTH 56'28'28'' EAST 105.28 FEET TO THE BEGINNING OF A 808.00 'FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 72'21'45" A DISTANCE OF 1020.47 FEET; THENCE NORTH 51'09'47" EAST 318.31 FEET TO THE BEGINNING OF A 842.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 8'39'22'' A DISTANCE OF 127.21 FEET TO THE TRUE POINT OF BEGINNING. AREA = 3.24 ACRES PARCEL 'B' BEGINNING AT POINT 'A' AS DESCRIBED IN PARCEL 'Af; THENCE, ALONG THE SOUTHERLY BOUNDARY OF THE PROPERTY DEEDED TO THE CITY OF CARLSBAD AS DESCRIBED IN PARCEL "A", NORTH 78'47'33" WEST (NORTH 79'13'45" WEST, REC.) 75.82 FEET TO THE TRUE POINT OF BEGINNING; THENCE, LEAVING SAID SOUTHERLY BOUNDARY, NORTH 80'43' 16" WEST 238.05 FEET TO THE BEGINNING OF A 20.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 87'28'24" A DISTANCE OF 30.53 FEET; THENCE SOUTH 11'48'20" WEST 30.00 FEET; THENCE NORTH 78O11'40" WEST 12.00 FEET TO A POINT ON THE EASTERLY LINE OF THAT EASEMENT FOR ROAD AND UTILITY PURPOSES TO THE CITY OF CARLSBAD, ACCORDING TO FILE/PAGE NO. 82-201566, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JUNE 30, 1982; THENCE, ALONG SAID EASTERLY LINE, NORTH 11'48'20" EAST 57.67 FEET TO A POINT ON SAID SOUTHERLY BOUNDARY; THENCE, ALONG SAID SOUTHERLY BOUNDARY, SOUTH 78'47'33'' EAST (SOUTH 79'13'45'' EAST, REC.) 268.95 FEET TO THE TRUE POINT OF BEGINNING. AREA = 0.04 ACRES Q:\961005\030312 Street ROW2.lgl.doc DATA TABLE I DLDIc;QnoNma = 3.24 AC. (PMCH 27 = 0.04 AC. (PMCEL B7 &QsS OF BaRlN Gs; T.%E BASIS Of BEARINGS IS TffE EAST UNE Of GRANJ DEED PER FlLE/PAGE NO. 74-014190 L E. SOP38 36 "E (SOY05 38 ''E REC.). mawnoM PORUONS OF Lor "B" of RANCHO AGUA HEDIONDA, IN THE C/JY Of CARLSBAD, COUNTY OF SAN DIEGO, SUE OF CALIFORNL4, ACCORDING TO THE MAP THEREOF NO. 82.3 nLED IN THE OfflCE Of JHE COUNTY RKORDER OF SAN D/EGO CWNR NOVEMBER IS, 1896, LVNG WITHIN THE LAND DESCRIBED IN DEED JO COUNTY OF SAN DIEGO, ACCORD/NG TO fliE,PAGE NO. 74-014190, flLED IN THE OfflCE Of THE RECORDER Of SAN DIEGO COUNTK JANUARY 18, 1974. 271 0 Loker Avenue 760-931 -7700 Carlsbod, CA 760-931 -8680 Suite 100 Fax: 92008 I EXHIBIT "B" I TIMOTHY 0. CARROLL I SHT. I OF 3 SHT. PR 03-93 A. P . N . 209-050-25 I I EXHIBIT "B" 7XWOTHY 0. CARROLL L.S. 7700 EW 12/3r/04 I SHT. 2 OF 3 SHT. ?R 03-93 A. PI N . 209-050-25 I I I I I I I C 0 N S U L T A/N T S EXHIBIT ”B” UMOTHY 0. WROii is 7700 EXR rz/~r/o4 2710 Loker Avenue 760-931 -7700 Carlsbod. CA 760-931 -8680 Suite 100 Fax: 92008 SHT. 3 OF 3 SHT. PR 03-93 A.P. N. 209-050-25 FARADAY AV€ffU€ STRED DEDICAAON Pw ’, October 25,2004 OF THE COUNCIL TO: Mayor and City Council FROM: City Attorney OFFSITE CONSERVATION EASEMENT FOR CARLSBAD OAKS NORTH INDUSTRIAL PROJECT If the Council wishes to retain the right to audit the Endowment Fund maintained by the Center for Natural Lands Management and to prevent erosion of the principal then it would be appropriate to condition the Quitclaim Deed of Conservation Easement by adding the following paragraph to the end of the Quitclaim Deed: ‘I.. .and subject to the right, but not the obligation, to audit upon reasonable notice the Endowment Fund. If there are insufficient Endowment Funds to maintain the property in perpetuity or if the principal of the Endowment Fund is being reduced Unreasonably, then the Conservation Easement and all remaining Endowment Funds shall revert to Grantor.” Should you have any questions regarding the above, please do not hesitate to contact me. (a RONALD R. BALL City Attorney C: Ray Patchett Glenn Pruim Don Rideout Jane Mobaldi Ron Rouse Center for Natural Lands Management, Inc. 2004.0045.B MARCH 10, 2004 J.N. 961005 PAGE 1 OF 2 EXHIBIT 'A' LEGAL DESCRIPTION A PORTION OF THAT PORTION OF LOT "B" OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, LYING WITHIN THE LAND DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO, ACCORDING TO FILE/PAGE NO. 74-014190, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 18, 1974, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL "A" BEGINNING AT POINT 14 OF SAID LOT "B" AS DESIGNATED ON SAID MAP NO. 823, THENCE ALONG THE BOUNDARY OF SAID LOT "B", SOUTH 89'54 ' 00'' EAST 23.41 FEET; THENCE ALONG THE EASTERLY BOUNDARY OF SAID PROPERTY BEING DESCRIBED IN SAID DEED, SOUTH 03'05'08'' EAST 3247.17 FEET; THENCE, LEAVING SAID EASTERLY BOUNDARY, SOUTH 57'00'19'' WEST 102.75 FEET; THENCE SOUTH 40'04'08'' WEST 74.03 FEET; THENCE SOUTH 59'51'02'' WEST 79.17 FEET; THENCE SOUTH 84'02'21'' WEST 71.40 FEET; THENCE SOUTH 09'58'54" WEST 57.65 FEET; THENCE SOUTH 39'02'55'' WEST 33.85 FEET; THENCE SOUTH 52'10'38'' WEST 82.57 FEET; THENCE SOUTH 73'58'39'' WEST 40.49 FEET; THENCE SOUTH 88'12'22" WEST 63.89 FEET; THENCE SOUTH 40'19'04" WEST 72.14 FEET; THENCE SOUTH 44'03'08' WEST 55.45 FEET; THENCE SOUTH 59'16'24" WEST 50.49 FEET; THENCE SOUTH 74'37'59'' WEST 102 -45 FEET; THENCE NORTH 45'28'27" WEST 85.58 FEET; THENCE NORTH 86'33'28" WEST 197.84 FEET; THENCE SOUTH 74'59'14" WEST 40.48 FEET; THENCE SOUTH 82'24'38" WEST 47.52 FEET; THENCE SOUTH 89'35'37" WEST 68.26 FEET; THENCE SOUTH 80'17'24'' WEST 56.14 FEET; THENCE NORTH 44'38'08" WEST 23.90 FEET; THENCE NORTH 64'53'14" WEST 135.75 FEET; THENCE NORTH 49'16'50'' WEST 121.37 FEET TO A POINT ON EASTERLY BOUNDARY OF THE PROPERTY OWNED BY THE CITY OF CARLSBAD PER DEED RECORDED JUNE 30, 30'28'48'' EAST 838.83 FEET; THENCE NORTH 30°31'12" WEST 800.00 FEET; THENCE SOUTH 87'45'29" WEST 491.59 FEET TO A POINT ON THE WESTERLY BOUNDARY OF SAID PROPERTY BEING DESCRIBED IN SAID DEED; 1982 AS FILE NO. 82-201566; THENCE ALONG SAID BOUNDARY NORTH 2004.0045.B MARCH 10, 2004 J.N. 961005 PAGE 2 OF 2 THENCE ALONG SAID BOUNDARY NORTH 01'28'24" EAST 787.30 FEET; THENCE NORTH 50'55'35" EAST 1788.65 FEET; THENCE NORTH 54'15'33" EAST 326.48 FEET TO THE POINT OF BEGINNING. AREA = 98.01 ACRES PARCEL "B" BEGINNING AT POINT 14 OF SAID LOT "B" AS DESIGNATED ON SAID MAP NO. 823, THENCE ALONG THE BOUNDARY OF SAID LOT "B", SOUTH 89'54'00'' EAST 23.41 FEET; THENCE ALONG THE EASTERLY BOUNDARY OF SAID PROPERTY BEING DESCRIBED IN SAID DEED, SOUTH 03°05'08'f EAST 5096.93 FEET; THENCE LEAVING SAID EASTERLY BOUNDARY SOUTH 86'54'52" WEST 1747.80 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 69'53'03 WEST 437.14 FEET; THENCE NORTH 38'21'55" EAST 443.36 FEET; THENCE NORTH 08'42'03" EAST 174.91 FEET; THENCE NORTH 39O04'34" WEST 234.07 FEET; THENCE NORTH 57'12'36" EAST 859.32 FEET; THENCE NORTH 84'48'26" EAST 58.86 FEET; THENCE SOUTH 35'15'38" EAST 77.86 FEET; THENCE SOUTH 47'00'20'' WEST 175.24 FEET; THENCE SOUTH 28O58'48" WEST 269.16 FEET; THENCE SOUTH 42'09'34" WEST 112.57 FEET; THENCE SOUTH 12'07'41" WEST 712.74 FEET; THENCE SOUTH 34'32'52'' WEST 151.12 FEET TO THE TRUE POINT OF BEGINNING. AREA = 10.39 ACRES c . DATA TABLE I,, I I (NO) I DELTA/BEARING I RADIUS I LENGTH 1 DATA TABLE (CONK) I -1 I SAN DIEGO COUNTY OPEN SPACE PRB€RK I CUNSULTA4TS 2710 Loker Avenue 760-931 -7700 I Suite 100 Fax: I Carlsbad, CA 760-931-8680 92008 -. . SH€i 2 OF i S€KR €AS€,ENT TO 8UENA SAffI7-A &'ON DISRICT REC D€C fr! 1965 AS FB 229636