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HomeMy WebLinkAboutShea Homes; 1999-12-13;ACQUISITION AND REIMBURSEMENT AGREEMENT FOR POINSETTIA PROPERTIES PLANNING AREAS 7 AND 8 FOR THE CONSTRUCTION OF CARLSBAD BOULEVARD This ACQUISITION AND REIMBURSEMENT AGREEMENT FOR POINSETTIA PROPERTIES, PLANNING AREAS 7 CONSTRUCTION OF CARLSBAD BOULEVARD (“Agreement”), dated as 1999, is made at San Diego County, California, between SHEA HOMES L p, a California Limited Partnership (“Developer”), and the CITY OF CARLSBAD, a municipal corporation of the State of California (‘City”), with reference to the following: A. Developer is in th Planning Area 8 (“PA 8”), indicated on Tentative,:&“ Commission, on A City Council adopt approved PA 8 ommission’s recomme , pursuant to City Council Resolu ; as Map airspace con approved by Resolution Noi?; _, il: and conditions :#r&~lrj;)r~ 99-276. ‘,:r$$;I,,,y ‘_ ,,i,,;~l~/~~ii~, ,:,Iij ‘I$$ ‘ @h;~~ss~~ &&.kt’3, 1!%9, pur&$$~~i~y ~~~~~~~~~~lution No. _’ .:~,:~~$::, /& _I_ ., :I$ &iS~ ‘_:I :r:%& j&g ]I; :.::;.y ‘! 3 ‘!#j$, ,iljb;:;,!:ii; y”, ,, ,,11 ,,;, ;_ I __ ;: . . . A“ I :i p,/ : g.:,.:& ‘Q& i’ ,,L ‘::,-,: ,; ,,; j ___ :a@$ ~ bdition o& p~~~~ar::~~:‘~~(~)“of Plan@ C. Tent * _:g_j: ,$$jl’;@~ ~Jgiir&~$ ~;‘t’~$i:i~if*~ I&%on Resolution No. 4526 required PA 8 including a &@es@n, secure ,and constr ~~~~~~~~~~ $,ff-site ~t~&&fjo*s to ex Tentative Map Cond P %!%do. 53(B) of Plaa@ requires Fieldstone i~n~~~~~stnrci.:‘:~ adjacent to PA 7 “#stir@ .:gradjng &ii&” improvements. It is #‘rd -~jm&$$e~nts for both PA 7 and PA 8 I ~~~~~~~~~s’ g_, y,t ,LLG i\i~i:ll>:lI that Developer may obtain 3ffjy..j.y@!J&y OwnerS for any and all costs Developer incurs as a result of this Agreement. Any such reimbursement would be by separate agreement between Developer and the other property owner, and shall not affect City’s rights or obligations except to the extent expressly stated in this Agreement. D. Plans for the construction and installation of “Improvements” (“DWG 383-3”) are being prepared by Developer and will be approved by the City Engineer and as such, are hereby incorporated into this Agreement by this reference. All references in this Agreement to the improvement plans shall include any specifications for the improvements as approved by the City Engineer. E. Developer shall have entered into a standard Development Improvement Agreement securing the realignment and construction of Carlsbad Boulevard, and indemnifying the City from any liabilities resulting therefrom, prior to the effective date of this Agreement. F. An estimate of the cost of constructing the public improvements according to the improvement plans has been made by Developer and approved by the City Engineer. See attached Exhibit A. G. City and Developer acknowledge that Government Code Section 66485 allows the City to require a subdivider to construct improvements benefiting property outside the subdivision; but Section 66486 requires the City to enter into a reimbursement agreement for such improvements. The parties intend that this Agreement satisfy the requirements of Government Code Section 66486. H. Engineering Condition of Approval 42 of Planning Commission Resolution No. 4526 indicates that City will enter costs for the realignment and i I. The portions herein as “Reimbursat$# herein as “Reimburs@@ ,!;iJg J. ExhibiQ&$i with Developer for its : conditions of thi share of tl 78 referred to referred to Work. Tt are subje sd herein. ie !ct 0. City paid for t . e..cosi&f $$& &@$&@$#‘be iddid Developer shall t~~~;b~~i~~~~~~~~ted to the sale price from the total amount of reimbursement due Developer from City. ” “‘,,j”” “j”“’ THE PARTIES AGREE: NOW, THEREFORE, in consideration of the approval and authorization for recordation of the final map for CT 97-22/PA 8 and CT 99-02/PA 7 by the City Council, Developer and City agree as follows: I. Developer Obligations A. Developer shall be responsible for preparing DWG 383-3 and processing said plans through City for approval. The cost of this preparation and processing work is included among the costs shown in Exhibit A. B. Developer shall construct all improvements as shown on and in accordance with DWG 383-3. This includes full traffic signal installation at the intersections of Carlsbad Boulevard/Ponto Road, and, the Carlsbad Boulevard/PA 7 entrance; and, installation/modification of the traffic signal at the intersection of Carlsbad Boulevard/Poinsettia Lane and the State Park Entrance. C. Developer shall perform the work themselves or solicit bids from three reputable contractors to perform the work, selection subject to City approval. D. During the performance of any Reimbursable Work, Developer shall retain detailed payment records for all items of Reimbursable Work, for use by City in auditing any subsequent reimbursement requests by Developer,.,..,D:~v~~,~~~‘al.~rS3quests for reimbursement (each, a “Reimbursement Request”) shall ,jrr~i~~~ ~~~~~~~~~“~~~~~:~specifications, engineer’s cost estimates, bids received, contract& ‘ct%$ge ,ordsr$ invo@%,’ “““, t slips, canceled checks (front and back), lien release&&d oth$@&u,me&atjn ired bv Citv to evidence the completion and j:_‘:_:t_:_aj ..___: _.,_ r@.s& pay@@&for e&cl%!) the centerline of and the traffic si and Carlsbad Boulevard and at the intersections of Carlsbad ‘~~~~~~~~d:~~ Ponto Road the entrance to PA ..7 excluding, ,th~~~~t~~s~c~~ of Carlsbad h~~~~~~~ ~&j$Zj$~jb&z p and $~~~~~,x~,&$;: ~~i~~~~ I, ( , ‘<<iii,:2 jly;:. :r:,$..{.,::;:.,, (,I<, (:e, _: ,, _4’ submit payment requests to C$ity every th$$ for the entire r@&&gg&&j amount aref$utjmitted& $:i: __ .J~:@ 8’ 3 1 requests G. De H. Deve amounts are due to ubstantial lt of work until such potential bmmission A. City shall be responsible for all costs of the improvements west of the centerline of the newly constructed raised median on Carlsbad Boulevard (see DWG 383-3). The City also shall be responsible for all costs of the traffic signal modification at the intersection of Carlsbad Boulevard with Poinsettia Lane and the State Park Entrance, including the cost of intersection reconstruction as described in Exhibits A and B. B. City’s reimbursement obligations, as indicated on Exhibit’s A and B, shall be based upon the actual costs incurred by Developer in performing the reimbursable work. C. All Developer’s Reimbursement Requests will be processed and audited for City by a reputable consulting engineer selected by City (“Auditing Engineer”). The costs of the Auditing Engineer shall be paid directly by City. 3 D. The Auditing Engineer shall review all contracts for Reimbursable Work and the payment records submitted in connection therewith, and shall within thirty (30) days after receipt thereof issue to City and Developer a report either accepting Developer’s submittal or specifying with particularity any reimbursement items or amounts not approved. Any reimbursement items or amounts not approved by the Auditing Engineer or City may be further pursued by Developer using the dispute resolution procedure herein. Any disputed payment shall be made to Developer within thirty (30) days after resolution of a dispute. E. Upon the Auditing Engineer’s determination on any Reimbursement Request, City shall, within thirty (30) days thereafter, pay all undisputed Reimbursable Expenses to Developer. Fees are waived. F. City shall be responsible Developer’s resp avai Iable. City Council. The IV. Other Provisions A. Disputes not ! to -eal the the If a dispute should arise regarding the performance or interpretation of this Agreement, the following procedure shall be used to resolve any question of fact or interpretation not otherwise settled by agreement between parties. Such questions, if they become identified as a part of a dispute among persons operating under the provisions of this Agreement, shall be reduced to writing by an officer of Developer or by City’s Public Works Director or designee. A party in dispute shall forward a copy of the documented dispute to the other party. The documented dispute shall include recommended methods of resolution that shall be of benefit to both parties. The Public Works Director, or Public Works Director’s designee, or, officer of Developer receiving the documentation letter shall reply to the letter along with their recommended method of resolution within ten (10) days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the dispute shall be forwarded to the City Council for their resolution through the Office of the City Manager. 4 h The City Council may then opt to consider the recommended solution to the problem. In such cases, the action of the City Council shall be binding upon the parties involved, although nothing in this procedure shall prohibit the parties from seeking remedies available to them at law. 8. Developer Not Aaent of Citv Neither Developer nor any of Developer’s agents or contractors are or shall be considered to be agents of City in connection with the performance of Developer’s obligations under this Agreement. r shall give good and b! condition present in and will take all to vest The Recitals to this Agreement are hereby incorporated into the terms of this Agreement. H. Communication Unless otherwise specifically provided herein, all notices, demands or other communications given hereunder shall be in writing and shall be deemed to have been duly delivered upon personal delivery, or by Federal Express (or similar reputable express delivery service), or by facsimile transmission with back-up copy mailed the same day, or as of the second business day after mailing by United States certified mail, return receipt requested, postage prepaid, addressed as follows: If to Developer, to: Shea Homes Limited Partnership 10721 Treena Street, Suite 200 San Diego, California 92131 Telephone: (858) 549-3156 Facsimile: (858) 549-0112 Attention: Mr. Paul Barnes With Copy to: Fieldstone Communities, Inc. 5465 Morehouse Drive, Drive 250 San Diego, CA 92121 Telephone: (858) 546-8226 If to City, to: of the State of California and the parties ag K. Exhibits The following exhibits are attached to and by this reference incorporated into and made a part of this Agreement: A. Carlsbad Boulevard (DWG 383-3) Cost Estimate and Distribution of Responsibility B. Reimbursement Apportionment Exhibit C. Grant Deed L. Term This Agreement shall be effective as of the date hereof, and shall terminate upon the earlier of (1) the date that City fully reimburses Developer; or (2) January 1, 2005. 6 h I M. Entire Aareement This Agreement constitutes the entire agreement of the parties with respect to the subject matter. All modifications, amendments, waivers or discharge of this Agreement must be in writing and signed by the appropriate representatives of the parties. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first set forth above. Owner: California Limited Partner By: J.F. Shea Co., Inc., a Corporation, General P )e attached) (Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) . CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 State of California COUflty Of San Dieuo On October 29, 1999 before me, Susan L. Trimingham, Notary Public , DATE NAME, TITLE OF OFFICER - E.G., “JANE DOE, NOTARY PUBLIC’ personally appeared Ryan Green and Greg Ponce 9 NAME(S) OF SIGNER(S) q personally known to me - OR - q proved-3 to be the person(s) whose name(s) is@ subscribed to the within instrument and ac- knowledged to me that the same in capacity(ies), signature(s) on or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. =a.G&+ddULi SIGNATURE OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER OESCRIPTION OF ATTACHED DOCUMENT 0 INDIVIDUAL [Iii CORPORATE OFFICER Acquisition and Reimbursement Agmt. for Poinsettia Parcels 7 & 8 Assistant Secretary TITLE(S) TITLE OR TYPE OF DOCUMENT q PARTNER(S) 0 LIMITED q GENERAL 0 ATTORNEY-IN-FACT 0 TRUSTEE(S) 8 E;;;DRIAN/CONSERVATOR 8 + exhibits NUMBER OF PAGES October 29, 1999 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) J.F. Shea Co.,_Inc, seneral partner of Shea Homes Limited Partnership Mayor of Carl&ad and Assistant City Attorney SIGNER(S) OTHER THAN NAMED ABOVE 91993 NATIONAL NOTARY ASSOCIATION l 8236 Remmet Ave., P.O. Box 7184 l Canoga Park, CA 81309-7184 State of California ) ) S.S. County of San Diego ) On October 29, 1999, before me, Susan L. Trimingham, Notary Public, personally appeared Ryan Green and Greg Ponce personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. SUSANLMMINGMM c-# 1124478 t Notayfbbk-CcHodo _ ~okaocounv yComm. Eqh3MarZhZOOl _- CERTIFICATE OF CORPORATE SECRETARY OF J. F. SHEA CO., INC. October 29,1999 I, James G. Shontere, Secretary of J. F. Shea Co., Inc., a Corporation created and existing under the laws of the State of Nevada, do hereby certify and declare that the resolution set forth below is a full, true and correct copy of the resolution duly passed and adopted by the Board of Directors of said Corporation at a meeting held on October 29, 1999. RESOLVED, that Ryan Green and Greg Ponce, Assistant Secretaries of the Corporation, are hereby authorized to act alone, for and on behalf of this Corporation, on its own behalf or acting as general partner of Shea Homes Limited Partnership, a California limited partnership, to execute any bids, contracts, bid bonds, deeds, maps, plats or any other agreements or documents necessary for the performance of such contracts, agreements and/or documents in relation to the Poinsettia Properties Planning Areas 7 and 8 in Carlsbad, California. IN WITNESS WHEREOF, I have hereunto set my hand and corporate seal this 29th day of October 1999. J. F. SHEA CO., INC. Jafies G. Shontere Secretary - 31 MO138 33s 1 MU Iziki ! 1 i 1 I ! i I ! ! I ! ! I ! I I 1 I I ! I i ! ! ! I lH3ltl 3AOW 33s lH318 3AOW 3% WEN R8COfWEP MA& TO; City Clerk , city IQII, 1260 Ela Ave. cbfl sbra, tb I 1 twRia 92049 HAIL TAX STA-fEMwTS To: tti Twec/Publ 1 c Agsncv Street Right of W8Y City of Carlsbrd I YaeL hoovo ‘Ia* cu con @c:o*oa*~ WI No FEE ! I : -Any 7mFsrpl TM Ld/A8,, COlPblAT40l GRANT ‘DEED R/W ‘Parcel 4 FOR A VALUADLe C~S!D~RATlON. fa~&t of *rhkh k hrr&y mkmw(ad@. ,’ John Ds Lusk & bn, l Caflfornla Corparatlon . sofpIntion ergBni4d undal ma Im of l?Ia SWI Of CbIlfornla #4kosaoray GflWT (0 Th, City ot Cailsbrd. a Munlclpal &rpora?lan ’ I AC fd pfopny in U&W 01 Carlrbrb cmmtrof Sen otqo ,+nwdC~buaar : See .Attachrd Ezhiblt A 6nd by ratsiOnc0 thereto m&e a per* hemat. ! Assessor's Parcel No. 214-150-16 L . . , : .,,...... I ._., .; .. >I- ::: :‘.* * -; ‘. - i .c; f: (?.T :: i .& , . i : :,. ‘-t %i i ! :...*-sfi-~F.a . . ’ .: , . . ;; ,..* k February 26, 1974 advm -e. h -8dp-1 a YaM ?rYla * M 1w nid 8cn, -If w0-d -- Danavan D. Hucnnekenr --- . WNIEN RCe611LI+O MAIL Tll: City Clark crty Nail . 1200 Elm Ave. CarlaO+& C;JnWa.. t I NAIL wi STA~WENTS ~0; SPacc Aecvo lwa b.Rt MI *rCOao~“r “IL WnE j .-L fki Tirrr/Ptt&c &g”“~ Street Rlqht of Way City Of CrrISbrd -m-Wiiu[a.dL .--......"e =------a-.rWor~-~~ . . . . ..~~I((*UK- 01 VW0 mm aor 0, mmumbr- CORPORATlOW GRAWT DEED PJ\I parca~ ,, FOA A VALUAeLE CONSlO~RATlON, ranfpc or whcok t hmk urn-, I John IL Lusk 6 Son. a Calffornia Corporation tccrpu~ila@#cnino(riduom~ofumsuuor cq.llfaml* , dM3hwaty GNANtto The City of Carl&ad, a Municipal wrporatfon tit0 red eropury In hr Citr d Cbrlsbrd Cocmval San Dlege . Stth Of ~librds. drtibd I : See Attached t3hlbl t A snd by rmt&imce fhqmto mado o part barest. CrRTTpJ&tE OF AfCL'TA=-Yo 50:1s 4 es+ in ,sd or from ‘-7 ” f ‘, g&i ,. ‘...’ ,CCI . . lecepted : of apefit * . -d the f city or Carlsbad, C¶lifer"f** P' ilFLUaf3t ‘3’ co l uthoriLY confe;r& by Rt*Ull utiue. ‘r yJ53, or the city of CaFLS--- - 0aK.J -d-p-d ‘. ---*-t on JU:~ 2, 1968, ‘end .tho .“““e;l: i rnnrCn~C te tb rqaordaclon . rtof bU ,---------- - I_.--- &&-L ,9. r5y Y.-WI. I OI P4rlmm-y 2% WI wur *y* mo ~rNemvWJ’).orc4uy l - Eyzz$%? tbetmderrr -- -- i ‘ha-o=W- rDmar 4, c A la-Wor*my c;II)Cmn: for eemtructtan -a.= tw. WOI-, a-8 rm Chmph th0 COIlovwng cltaBLC~lbc?O rC81 Omwrty WQCther With the rcghtr WC in9m~r 8n agroW Lhemto bounderl as f0llows: On tha ogoch by ulc nwthsrly ltne of th. womrrwntlwei Pot-xl 1, orl Ihe LmsC oy Lln u4crterly Cl Qht-M-dmy llm aI I)Ud Atohls~n. To&eUO ivuy San0 PC RrltM Comply , on Uu SoutJ’i b9 a LLru¶ 0ar4Iltl wiy1 ecIkIp7f SouU~rly no.00 lkol wteasurd at right w9lor to rhk 6cuthCrly IL* of Yw rfbremo~riana P-l 1 and en th* wmct by ttm w~t&wIy line of tns ofwe~Miom~i Stat, Ul9”w#‘“y. The mbovs drrcribsd rcmpcrrry ei~em-znt for can~?ructlon purpctac8 &all tiecoma effective upon rscordatton uf thla .@- docun~ent ar.tl shmli te?mlnate on December ‘31. t9?5. . 2 * +2 I 8 :,g : 20 T?m0 poftl0m Of Lot 5. SCtlOn SUi Tuwwhip 12 Sarth. I*anm 4 west. Sa~~~CNmtm-~aft~l-.-tfcp~lO UnItea Stotw 0cuevu-w~ s,,,~~ ~.~Prt~r ?$a 1376, dlacritid U lnlla~i WWe%lflU ;IC UhE Salil*r\Y UJrWdn.6D Of C-me 15 Or Ynrful ,WL 1.f WC QrrtAin ORectom hrd ccwqorJ 80°-mc w Or Sa, Orgo l c) rw:w*a anKbaem=rzL 1996 Iu ftIo&8~ No. 196019 =a,id CCU~FI NO, 3 naw~n c oesrlr urd dlstunce d North &OS*20” West, 20.00 bet; tfwxo blanp C~C ~MmMty pr8tOlJOtlm Of l Std‘CoUm sWm ia%mV’ I%% 33.75 hot r0 a wamdmsahur~d~6nd.n 7n?tEwr WOuc 88id Itne bdy SM whyw** EeSL 22.75 *WI fPOI?l IhD nOrVrcrly l,ttU Of f=OtMeCCI8 LErm rrrsaaurtd alang &he eesJenerly 0colo~garlon or saw ClwrJo NO, 2: mcnce Soua t6016’20~* wcaq *w.w faecoue 1-.uqthdm rrsslrrly rl@kxf-ww 0? ti Atchism, Topela ud sahln Fe RaitmaQ compa?y, D2id ooint Cl InterEccl\on b#lnq the .TRUE POINT OF EEGlNNlNG w bslrg distant South 21¶2711” Ewe 67.27 hDe*rarrt(k6- l4YliwelsFblwutk uIIc~-atherveuuly rl*teW Of 36id RUlrord cOm+r+y; thence l lon9 srld Westerly righkor-w tlrr South i~~*Sl” East 61.82 lbct Co a Ilne ~allel wtrh ad dirtanr 8artnerty St.~hec~~wr)err~rr,~o~rbo*,-(arrwcrr.srruckrF~~ urd dism4 of SruvI 7*tCVZ+O” West **SS.s7 feat; wreai slorq cLlU pw*t\ol I~fa*sswth 760lb’lw’ west 4sas. 13 hct eo cha tntemectlm with thu 04sterly w-llra of tnescDw+cCpkmyn dewrioe~ lAPm=cIC m br chat omor ol condmmn8ttsn !n Supdar CoJrt of 6-m Gisgo Oouvy C8eo - Id5085 fllcd lra ti cl?ke of the CcunLy Clerk of said Camly; Zher.:m hlorq ¶4id erscacly ltns ‘hh-ol -tPu wDsE5+.z?wfeou --IyertR~6!= Eut*9&u5fw&oiv w TRUE Folw OF CEEINNINS. Ercnp&ttIC -a0 pomtw-fnTwkuolY d-diemed tu.chD pe4lc ~0 q dwcrlbed tn the DfommontIunod Gtmccora Oeed mcctkd Decsmew 22, lw6 83 f(lO/psQS NO. 198019. A non--iv8 - ehntne~*~~- WV, -. -0De --w IhW mr wkowt- dorcrtbsa real prq~rty e-r wirb cha rlghls oi NP-IC~CV ad ~~(hcc-c d •~a slopes: SE~INNING at CM routhe&rwly cdnrr DC &kc 8mrairmrlmeo Pm-cm t: d-um@%S&n aim the neeterly- lb-w 06 8-e A&hi44 T-k', ad SW&8 Fe R8tIreDd Ccml@r,- IiglW-af-wry 5gUU-t lVX’5 I” E-St 36 .oo her; chen~th 6-m 7pwet*o3* We6t 502 20 feet to try lncorrecct0n wldr cfa cwterty ltne or the rfWmnemto~ 5hhUiphwq)r; t)msr den9 sola -Mb llm North 12%O19’* Wer; 10.40 bet: mencI North 7@12’=’ l%zI 402. t2 f’wC ta the pOrnr of BEGINNLNG. I I I \ i I 1- f i \ ___ - - -- -- 141 I %I I $h I sh 1 “f, I I I I I I I I I I I 3 :’ 23 ; ;P \ R I 1% i 81% I z i - --- .---- l P . I 1 100’ 24 BEING A PORTION OF LOT 3 OF SECTION 29, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF SAN DIEGO, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED OCTOBER 25, 1875, BEING FURTHER DESCRIBED AS A PORTION OF PARCEL 1 IN DEED RECORDED AUGUST 21, 1974 AS FILE NO. 74-227601 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID PARCEL 1; THENCE ALONG THE SOUTH- ERLY LINE THEREOF 1. 2. 3. SOUTH 76"57'27" NORTH 19"07'17" NORTH 76"54'03" 4. EASTERLY 150.65 FEET WEST 498.01 FEET WEST 26.41 FEET; EAST 181.50 FEET 5. EASTERLY J48.78 FEET 6. NORTH 76"54'03" EAST 15.02 FEET 7. SOUTH 20"26'52" CONTAINS 0.356 ACRE EAST 41.10 FEET MORE OR LESS. LEG\1466EXA.DOC 110/22/99) TO THE WESTERLY LINE OF SAID PARCEL 1; THENCE LEAVING SAID SOUTHERLY LINE AND ALONG SAID WESTERLY LINE THENCE LEAVING SAID WESTERLY LINE TO THE BEGINNING OF A TANGENT 1610.00 FOOT RADIUS CURVE CON- CAVE TO THE NORTH, A RADIAL LINE TO SAID BEGINNING BEARS SOUTH 13"05'57" EAST; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 5"21'41" TO THE BEGINNING OF A 1590.00 FOOT RADIUS COMPOUND CURVE CONCAVE TO THE SOUTH, A RADIAL LINE TO SAID BEGINNING BEARS NORTH 18"27'38" WEST; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE CF 5"21'41"; THENCE TO THE EASTERLY LINE OF SAID PARCEL 1; THENCE ALONG SAID EASTERLY LINE TO THE POINT OF BEGINNING. _. -... 7- Cgz-$~/~ y&7 WJ&LIAh R. DICK i y 2 2-lqy DATE LS 5276 EXPIRATION DATE 12/31/99 OF 1 AREA = 15,504 SQ. FX = 0.356 AtXES P. 0. B. POINT CF BEiYNNlNG APPI ICAN lS: CITY of CARLSBAD PRFPARED BK A.P.M T: \1466\EXH/B/TS\1466ROW.DWG PRQdXT DESIW CONSULTANTS 701 ‘B’ SlREET, SlJllE 800 SAN DIEGO, CA 92101 (619) 235-6471 214- 150- 18 PRchI. NO. DIcr;. NO. - fk,m- 5 I-l MO138 3X 1zEll MO138 33s I I I ! I I I i 1 I ! I lH3ltJ 3AO8V 33s lH318 3AOW 33S RECORDING REQUESTED BY: WHEN RECORDED MAIL TO: Shea Homes Limited Partnership 10721 Treena Street, Suite 200 San Diego, CA 92131 MAIL TAX EXEMPT STATEMENTS TO: EXEMPT The undersigned grantor@ Documentary transfer tax i ( ) computed on full v ( ) computed on full v S?arcel No.: FOR A VALUA ,j,, b”““:’ gr* 3 vi, 1B DATED x ‘$ && &$: as describ public utility facilities. L1 ad, ate of .~_. . . ,P le a part STATE OF CALIFORNIA (Name of Company) COUNTY OF SAN DIEGO (Signature) On before me, Name: (Type or Print) (here insert name and title of the officer), personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Title: By: Name: (Type or Print) (Signature) (Type or Print) WITNESS my hand and official seal. Signature: Title: (Type or Print) IASTERSJFORMSIGRANT DEED FORM Rev. 1 l/03/97 EXHIBIT 'A' BEING A PORTION OF LOT 3 OF SECTION 29, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF SAN DIEGO, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED OCTOBER 25, 1875, BEING FURTHER DESCRIBED AS A PORTION OF PARCEL 1 IN DEED RECORDED AUGUST 21, 1974 AS FILE NO. 74-227601 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID PARCEL 1; THENCE ALONG THE SOUTH- ERLY LINE THEREOF 1. SOUTH 76"57'27" WEST 498.01 FEET 2. NORTH 19"07'17" WEST 26.41 FEET; 3. NORTH 76"54'03" EAST 181.50 FEET 4. EASTERLY 150.65 FEET 5. EASTERLY 148.78 FEET 6. NORTH 76"54'03" EAST 15.02 FEET 7. SOUTH 20'26'52" EAST 41.10 FEET CONTAINS 0.356 ACRE MORE OR LESS. LEG\ \1466ExA.Doc (10/22/99) svs TO THE WESTERLY LINE OF SAID PARCEL 1; THENCE LEAVING SAID SOUTHERLY LINE AND ALONG SAID WESTERLY LINE THENCE LEAVING SAID WESTERLY LINE TO THE BEGINNING OF A TANGENT 1610.00 FOOT RADIUS CURVE CON- CAVE TO THE NORTH, A RADIAL LINE TO SAID BEGINNING .BEARS SOUTH 13"05'57" EAST; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 5'21'41" TO THE BEGINNING OF A 1590.00 FOOT RADIUS COMPOUND CURVE CONCAVE TO THE SOUTH, A RADIAL LINE TO SAID BEGINNING BEARS NORTH 18"27'38" WEST; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 5'21'41"; THENCE TO THE EASTERLY LINE OF SAID PARCEL 1; THENCE ALONG SAID EASTERLY LINE TO THE POINT OF BEGINNING. WfiLIAM R. DICK DATE LS 5276 EXPIRATION DATE 12/31/99 OF 1 2-b r,l\lJ, I\] g, -]8332 lEGE?!B ml AREA = 75,504 SQ. F7: = 0.356 ACRES P. 0. B. POINT w BEQNNING I CITY OF CARLSBAD 4PPlICANTS: I PRFPARED BY: PRiIhXT DESIW C#VSlJL TANlS 701 ‘B’ SlREE’T, SUUE 800 SAN DlEGtJ CA 92101 (619) 235-6471 A.P.N. 214-150-18 PROJ NO. OK No. T: \7466\EXHlBlTS\7466ROw.DM; 7’3