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HomeMy WebLinkAboutSDP 98-09; HSL/BP/Michan LLC et al; 2000-0019984; Affordable Housing Agreement/ReleaseRECORDING REQUESTED BY: City of Carlsbad WHEN RECORDED MAIL TO: JAN 3-33 2000 10-42 AM OFFICIAL KECGRDS SAN DIEGO CWNTY RECORDER'S OFFICE FEES: 67.00 GREGORY d. %ITHI COUNTY REEORBER JAN 3-33 2000 10-42 AM SAN DIEGO CWNTY RECORDER'S OFFICE OFFICIAL KECGRDS FEES: 67.00 GREGORY d. %ITHI COUNTY REEORBER City of Carlsbad City Clerk's Office Am.: City Clerk Carlsbad, California 92008 1200 Carlsbad Village Drive (Space abovefor Recorder's Use) AFFORDABLE HOUSING AGREEMENT IMPOSING RESTRICTIONS ON REAL PROPERTY This AFFORDABLE HOUSING AGREEMENT IMPOSING RESTRICTIONS ON REAL PROPERTY ("Agreement"), entered into this 20th day of December , 1999, by and between the CITY OF CARLSBAD, a municipal corporation (hereinafter referred to as the "City"), and HSLISPiMichan, L.L.C., StrataiPoinsettia, a California General Partnership, Strata Equity Corporation, a California corporation, HSL Properties, Inc., a California corporation, Benchmark Pacific Poinsettia, L.P., a California limited partnership, Shea Homes Limited Partnership, a California limited partnership and Fieldstone Poinsettia Cove, L.L.C., a Delaware limited liability company (hereinafter referred to as the "Developers"), is made with reference to the following: A. Developers are the owners of certain real property in the City of Carlsbad, in the County of San Diego, California (hereinafter referred to as the "Subject Property") described in "Attachment A", which is attached hereto and incorporated herein by this reference. B. Developers of Planning Areas 1,2, 3,4, 5,7 and 8 wish to construct a total of 617 residential units (hereinafter referred to as the "Master Development") on the Subject Property. The City has approved the Poinsettia Properties Specific Plan (the "Specific Plan") for the Master Development. The City issued the approval subject to certain Conditions of Approval, including a condition requiring at least fifteen percent (15%) ofthe units in the Master Development to be affordable housing as required by the City's Inclusionary Housing Ordinance (CMC Chapter 21.85). C. The Master Development will consist of 8 individual Planning Areas. Planning Area six will contain up to 61 apartment (or liveiwork) units. The inclusionary housing obligation for Planning Area 6 will be provided entirely within Planning Area 6. The developer of Planning Area 6 will be required to enter into a separate Affordable Housing Agreement prior to the issuance of a building permit. In addition, the Developers shall be required to process an amendment to this Agreement to increase the total number of housing units which can receive final map approval up to the maximum approved by the City Council of 823 units for the Poinsettia Properties Specific Plan. D. Developers of Planning Areas 1,2,3,4,5,7 and 8 have indicated that they intend to meet their inclusionary housing requirement for Planning Areas 1,2, 3, 4, 5, 7 and 8 by constructing, or causing to be constructed, a minimum of 92 apartment units in Planning Area 5 Revised 11/30/99 1 of the Specific Plan and as further described in "Attachment C." If it is determined at a later date that a surplus of units are provided within the subject affordable housing project within Planning Area 5, the surplus units may be used at a later date to satisfy the affordable housing obligation for Planning Area 6 or other Planning Areas within the Poinsettia Properties Specific Plan Area, subject to approval by the City of Carlsbad. E. Developers are required by the Conditions of Approval to enter into an Affordable Housing Agreement as required and with the content specified by the City's Inclusionary Housing Ordinance, Carlsbad Municipal Code ("CMC") Chapter 21 35). This Agreement is an Affordable Housing Agreement pursuant to Section 21.85.150 of CMC Chapter 21 35, and shall be executed and recorded prior to the approval of any final map for the Subject Property. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. Satisfaction of Affordable Housing Oblipation and Conditions of Auuroval. In order to satisfy the Conditions of Approval of (SP. CT. etc.), and the requirements of the City's Inclusionary Housing Ordinance (CMC Chapter 21.85), for Planning Areas 1,2,3,4,5,7 and 8 Developers shall cause a minimum of ninety-two (92) units of the Master Development to be affordable to lower-income households (the "Affordable Units"), according to the schedule and terms contained herein. These units shall satisfy the obligation for a portion of the Poinsettia Properties Specific Plan Area. A total of 525 market rate units and 92 affordable units may be constructed with approval of this agreement. An amendment to this agreement will be required to receive final map approval for additional housing units within the Specific Plan Area, above the subject 617 total housing units. 2. Number and Tvae of Affordable Units. Developers of Planning Areas 1, 2, 3, 4, 5,7 and 8 shall construct, or cause to be constructed, on the Subject Property at least ninety- two (92) apartment units (hereinafter referred to as the "Affordable Multifamily Units"). 3. Terms Governing Provision of Affordable Multifamilv Units 3.1 Location of Multifamilv Units. A minimum of ninety-two (92) of the Affordable Multifamily Units shall be constructed in Planning Area 5 of the Specific Plan. 3.2 Size and Bedroom Count. The Affordable Multifamily Units shall include one, two, and three bedroom units in the numbers and with the square footage indicated in "Attachment B" to this Agreement. 3.3 Affordabilitv Reauirements. The Affordable Units shall be available to households with incomes not exceeding 80% of the median income for San Diego County, adjusted for actual household size. Monthly Rents of the Affordable Units shall not exceed 1/12th of 30% of 80% of median income for San Diego County, adjusted for assumed household size appropriate for the unit. For purposes of this Agreement, "Rent" shall include a utility allowance as established and adopted by the City of Carlsbad Housing Authority, as well as all monthly payments made by the tenant to the lessor in connection with use and occupancy of a housing unit and land and facilities associated therewith, including an separately charged fees, utility charges, or service charges assessed by the lessor and payable by the tenant. Median Revised 11130198 Page 2 income figures shall be those published annually by the United States Department of Housing and Urban Development. Assumed household size figures shall be provided to the City of Carlsbad Housing and Redevelopment Department. With respect to each Affordable Unit, the affordability requirements of this Section 3.3 shall continue for fifty-five (55) years from the date of issuance of a Certificate of Occupancy by the City for such unit or another comparable unit based upon substitution provisions pursuant to the Regulatory Agreement. The affordability requirements of this Section 3.3 shall be set forth in the Regulatory Agreement between the Developers or their successors and the City, provided for below, which shall supersede this Agreement upon recordation of the Regulatory Agreement. 3.4 Affordable Housing Develouer. Developers of Planning Areas 1,2,3,4,5, 7 and 8 have indicated that they will contract with Bridge Housing Corporation to develop and construct the portion of the Affordable Multifamily Units to be constructed in Planning Area 5. The City Council has relied on that representation in approving this agreement. Developers shall obtain prior approval by the City Council of any other affordable housing developer and shall obtain City Council approval for the proposed development agreement for these units ( the Affordable Housing Development Agreement) prior to execution. 3.5 Schedule for Develouine. Affordable Multifamilv Units. Developers of Planning Areas 1,2,3,4,5,7 and 8 shall provide the Affordable Multifamily Units pursuant to the following schedule and as described in Attachment C: 3.5.1 Prior to the approval of any Final Map for the Master Development, this Agreement shall be duly executed, and recorded immediately thereafter. 3.5.2 Prior to the issuance of any building permit within the Master Development, the developer of Planning Area 5 shall receive approval of a Site Development Plan for all of the Affordable Multifamily Units included in Planning Area 5. 3.5.3 Developers have indicated they will contract with an affordable housing developer to develop the Affordable Multifamily Units to be constructed in Planning Area 5. Developers shall obtain prior City approval of the developer and proposed development agreement for the units (“Affordable Housing Development Agreement”). The Affordable Housing Development Agreement shall describe with particularity the financial arrangements for the construction of the Affordable Multifamily Units, the restrictions applicable to the Affordable Multifamily Units and the record keeping obligations for the management of the units. 3.5.4 Upon satisfying the conditions stated in Sections 3.5.1 through Section 3.5.3, building permits can be released for a total of 230 market rate units and for the 92 unit affordable project. 3.5.5 Once building permits have been issued and the foundations for the 92 affordable apartment units are complete, inspected and approved, all remaining building permits for 295 market rate housing units may be released. 4. Citv Aunroval of Documents The following documents, to be approved in writing by the City, shall be used in connection with the rental of Affordable Units. Revised 11130198 Page 3 %. - ,- 6d 292 4.1 A marketing plan consistent with the terms of this Agreement, establishing the process for seeking selecting and determining the eligibility of tenants of the Affordable Units. 4.2 Form of Rental Agreement. 4.3 A Property Management Plan. 4.4 A Form of Regulatory Agreement between the developer of the affordable project for Planning Area 5 and City (the "Regulatory Agreement"), following the format designated by City. 5. Comdiance Reuorts. Following completion of construction of any of the Affordable Multifamily Units, a Compliance Report meeting the requirements of Section 21.85.170 of the Inclusionary Ordinance, verifying compliance of all completed Affordable Multifamily Units with the terms of this Agreement and certified as correct by a third-party, shall be submitted annually to the Housing and Redevelopment Director. If similar reports on some or all of the Affordable Multifamily Units are required for regulatory compliance with other financing programs, those reports may be deemed satisfactory for the purpose of this section by the Housing and Redevelopment Director, with respect to the portion of the Affordable Multifamily Units covered by such reports, provided that copies are provided on an annual basis to the Housing and Redevelopment Director with a third party certification addressed to the City. 6. Release of Subiect Prooertv From Agreement. The covenants and conditions herein contained shall apply to and bind the heirs, executors, administrators, successors, transferees, and assignees of all the parties having or acquiring any right, title or interest in or to any part of Subject Property, not including Planning Area 6, and shall run with and burden the Subject Property until terminated in accordance with Section 13 hereof. Until portions of the Subject Property are released from the burdens of this Agreement pursuant to this Section 6, the Developers of Planning Areas 1,2,3,4,5,7 and 8 shall expressly make the conditions and covenants contained in this Agreement a part of any deed or other instrument conveying any interest in the Subject Property. Notwithstanding anything to the contrary set forth in this Agreement, individual purchasers of single-family units pursuant to an approved public report in compliance with the California Subdivided Lands Act, and mortgage lenders holding deeds of trust on such individual units after sale to such purchasers, shall not be subject to the terms of this Agreement; and the terms of this Agreement shall be of no further force or effect with respect to such completed unit on the date of the recordation of a deed to the individual purchaser. Upon issuance of certificates of occupancy for all of the Affordable Multifamily Units, the entire Subject Property, with the exception of Planning Area 5, shall be released from the burdens of this Agreement. The burdens of this agreement shall remain in full force and effect and recorded against Planning Area 5 for the 55 year duration of this agreement. 7. Default. Failure of the Developers to cure any default in the Developers' obligations under the terms of this Agreement within ninety (90) days after the delivery of a notice of default from the City (or where the default is of the nature which cannot be cured within such ninety (90) day period, the failure of the Developers to commence to cure such default within the ninety (90) day period or the Developers' failure to proceed diligently to complete the cure of such a default within a reasonable time period, but in no event not greater than 180 days, will constitute a failure to satisfy the Conditions of Approval with respect to the Subject Property and the requirements of Chapter 21.85 of the CMC and the City may exercise Revised 11/30/98 Page 4 2293 any and all remedies available to it with respect to the Developers' failure to satisfy the Conditions of Approval and Chapter 21.85 of the CMC, including but not limited to, the withholding of building permits for the market rate units within the Master Development 8. ADDOintment of Other Agencies. At its sole discretion, the City may designate, appoint or contract with any other public agency, for-profit or non-profit organization to perform the City's obligations under this Agreement. 9. Hold Harmless. Developers will indemnify and hold harmless (without limit as to amount) City and its elected officials, officers, employees and agents in their official capacity (hereinafter collectively referred to as "Indemnitees"), and any of them, from and against all loss, all risk of loss and all damage (including expense) sustained or incurred because of or by reason of any and all claims, demands, suits, actions, judgments and executions for damages of any and every kind and by whomever and whenever made or obtained, allegedly caused by, arising out of or relating in any manner to Developers' actions or defaults pursuant to this Agreement, and shall protect and defend Indemnitees, and any of them with respect thereto. The provisions of this section shall survive any release or termination of this Agreement. 10. Insurance Reauirements. Developers of Planning Areas 1,2,3,4, 5,7 and 8 shall obtain, at their expense, comprehensive general liability insurance for development of the Subject Property naming Indemnitees as additional named insureds with aggregate limits of not less than five million dollars ($5,000,000), for bodily injury and death and property damage, including coverages for contractual liability and products and completed operations, purchased by Developers i7om an insurance company duly licensed to engage in the business of issuing such insurance in the State, with a current Best's Key Rating of not less than A-V, such insurance to be evidenced by an endorsement which so provides and delivered to the City Clerk prior to the issuance of any building permit for the Subject Property. 11. Notices. All notices required pursuant to this Agreement shall be in writing and may be given by personal delivery or by registered or certified mail, return receipt requested, to the party to receive such notice at the addressed set forth below: TO THE CITY OF CARLSBAD: CITY OF CARLSBAD Housing and Redevelopment Department Attn: Housing and Redevelopment Director 2965 Roosevelt Street, Suite B Carlsbad, California 92008-2389 Revised 11/30/98 Page 5 2294 TOTHEDEVELOPERS: HSL/BPiMichan, L.L.C. Shea Homes Fieldstone Communities Attn: Doug Avis Attn: Paul Barnes Attn: Andrew Murphy 5055 Avenida Encinas, # 210 10721 Treena Street, # 200 5465 Morehouse Dr. # 250 Carlsbad, California 92008 San Diego, CA 93 13 1 San Diego, CA 93121 Any party may change the address to which notices are to be sent by notifying the other parties of the new address, in the manner set forth above. 12. Integrated Ameement. This Agreement constitutes the entire Agreement between the parties and no modification hereof shall be binding unless reduced to writing and signed by the parties hereto. 13. Duration of Ameement. This Agreement shall remain in effect for 55 years following the date certificates of occupancy have been issued for all Affordable Units. This Agreement, and any section, subsection, or covenant contained herein, may be amended only upon the written consent of Developers and the Community Development Director. 14. Recording of Agreement. The parties hereto shall cause this Agreement to be recorded against the Subject Property in the official Records of the County of San Diego. 15. Severability. In the event any limitation, condition, restriction, covenant, or provision contained in this Agreement is to be held invalid, void or unenforceable by any court of competent jurisdiction, the remaining portions of this Agreement shall nevertheless, be and remain in full force and effect IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and year first above m. DEVELOPERS HSLiBPiMichan, L.P., a California limited partnership By: HBM Poinsettia, L.P., a California limited partnership, Its Sole General Partner By Benchmark Pacific Management, Inc., a California comoration. Its Sole General Partner By: DOUGLA~M. AVIS. CITY CITY OF CAFCSBAD A Municipal Corporation By: ~~ President Communi~evelopment Director STRATAPOINSETTIA, a California General Partnership By: Strata Equity Corporation, a California corporation, APPROVE By: n (T General Partner Carlos D. an, Revised 11/30/98 Page 6 , .. ,-. 2295 BENCHMARK PACIFIC POINSETTIA, L.P., a California limited partnership By: Benchmark Pacific, Inc., a California corporation, Its Sole General Partner By: Douzas M. Avis, President HSL PROPERTIES, INC., a California corporation By: s; &- Humberto S. Lopez, Presia STRATA EQUITY CORPORATION, a California corporation By\ nr /fs7 Carlos Dxichw€”&ent SHEA HOMES LIMITED PARTNERSHIP, a California limited partnership By: J. F. Shea Co., Inc., aNevada corporation, General Partner .. Name By: Fieldstone Poinsettia Cove, LLC, a Delaware limited liability company By: Fieldstone Comm-wities, Inc., Its Managing Member Revised 11130198 Page 7 f On (5/1/'?9 before me, + (name, title of officer), I ysonally appeared be the person#)whose name(# is/* subscribed to the within instrument and acknowledged personally known to me - OR - proved to me on the basis of satisfactory evidence to t to methat he/@e/tgy executed the Same in hislh?r/th#lrauthorized capacity(i$s), and that by f # his/hMr/th~r signatureM) on the instrument, the persono[). or the entity upon behalf of which the person(# acted, executed the f instrument. f I Bouafas m . Avts WITNESS my hand and official seal. ... ., ALLPURPOSE ACKNOWLEDGMENT 2296 ALL-PURPOSE ACKNOWLEDGMENT dmmr*"---~* f 4 per onally appeared ir (name, title of officer), 3 dersonaliy known to me :% %I ;ved to m%basis of satisfactoly evidence to a be the person(s) whose namds) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the Same in hislhedtheir authorized capacity(ies), and that by f hislherltheir signatore(s) on the instrument the person@), or the entity upon behalf of f which the person(s) acted, executed the instrument. WITNESS my hand and official seal. I yzc 5: f f t E f commirrion # 12171166 ALL-PURPOSE ACKNOWLEDGMENT 2 iR 1 County of & Diedo I (name. tifie of officer), namew islake subscribed to the within instrument and acknowledged the Same in his/fWr/thRirauthorized capacity(i&), and that by instrument, the Person(#, or the entity upon behalf of On ,2,/:/44 beforeme, /ndr#dm- 20- /1/6~/o&//.L penonally known to me - OR "0 proved to me on the basis of satisfactory evidence to appeared Doua/uS m. Avi5 which the personM acted, executed the instrument. WITNESS my hand and official seal. Signaiure ALLPURPOSE ACKNOWLEDGMENT 5 State of I County of f On a (name, title of officer), 5 personally appeared 2 3 personally known to me - OR - 0 Proved to me on the basis of satisfactory evidence to f be the person@) whose name($ islare subscribed to the within instrument and acknowledged to me that helshelthey executed the Same in hislherltheir authorized capacity(ies), and that by 8 hislherltheir signature@) on the instrument the person@), or the entity upon behalf of which the person@) acted, executed the instrument. WITNESS my hand and official seal. before me, H 1 4 5 E t Signature m " CAPACITY CLAIMED BY SIGNER 0I.nwuaanlsvmaan nz rmptl M 0- - IAM) 0- nn 0- nngm m9 mm- unnn- .. , , 2298 1 I (name, title of officer), 8 personally appeared (pB;IuAss b, Y-bIW f d personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to f be the person@) whose name@) islare subscribed to the within instrument and acknowledged 4 tome that helshelthey executed the same in his/her/theirauthorized capacity(ies), and that by 1 his/her/their signature@) on the inStrUment, the person(s), or the entity upon behalf of $ which the person@) acted, executed the ! instrument. WITNESS my hand and official seal. n i Ugnature f On (name, title of officer), 5 personally appeared 8 3 personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to 8 bethe person(s)whose name@) islare subscribed to the within instrument and acknowledged f to me that helshelthey executed the same in his/her/theirauthorized capacity(ies), and that by # hislherltheir signature@) on the instrument the person(s), or the entity upon behalf of which the person@) acted, executed the instrument. f before me, E t WITNESS my hand and official seal. Signature MmIAW) (name, title of officer), on the basis of satisfactory evidence to subscribed to the within instrument and acknowledged me in hislhedtheirauthorized capacity(ies), and that by rument the person(s), or the entity upon behalf of which the person@) acted, executed the 1 instrument. 2 ! WITNESS my hand and official seal. Signature A ! ALLPURPOSE ACKNOWLEDGMENT State of California county of San Diego On 12/8/99 before me, Susan L. Trimingham, Notary Public personally known to me - OR - personally appeared (name, title of officer), thia Roush and Dale Holbrmk be the person(s) whose name(s) @@ to me that he/sh@xecuted the same in hiSlhe&thorized capacity(ies), and that by his/h@signature(s) on the instrument the person(s), or the entity upon behalf of which the person@) acted, executed the instrument. WITNESS my hand and official seal. Signature c3 - - ALLPURPOSE ACKNOWLEDGMENT 2300 4 Onbrc;wkti, \%before me, ZA*\~ \G - see++ (name, titie of officer), 5 bethe person(s) whosename(s) islare subscribed to the within instrument and acknowledged I rsonally known to me - OR - L? proved to me on the basis of satisfactory evidence to f to methat he/she/they executed the same in hishedtheir authorized capacity(ies), and that by f hislherltheir signature(s) on the instrument, the person(s), or the entity upon behalf of I which the person(s) acted, executed the instrument. I appeared A-duQd MGc p" 9 CU? A 7 (M tk~? s -7 5 * WITNESS my hand and official seal. I * f Signature I ALLPURPOSE ACKNOWLEDGMENT """"" I Y a On before me, (name, title of officer), f be the person(s) whose name(S) islare subscribed to the within instrument and acknowledged f 3 personally known to me - OR - 0 Proved to me on the basis of satisfactory evidence to to me that hekhelthey executed the same in his/her/their authorized capacity(&), and that by 8 hislherltheir signature(s) on the instrument the person(s), or the entity upon behalf of a" 2 which the Person(s) acted, executed the instrument. a personally appeared f i WITNESS my hand and official seal. Signature - - ATTACHMENT A 2301 LEGAL DESCRIPTION OF SUBJECT PROPERTY 1005048 Page 3 EXHIBIT "A" 2302 Those portions of the East Half of Section 29 and the West Half of Section 28, Township 12 South, Range 4 West, San Bemardino Meridian, in the City of Carlsbad, County of San Diego, State of California, according to Official Plat thereof, described as follows: Beginning at the Northwest comer of the East Half of the Northeast Quarter of said Section 29; thence along the Northerly line of said East Half of the Northeast Quarter North 89"58'20" East 294.68 feet to the beginning of a tangent curve concave Southwesterly having a radius of 600.00 feet; thence Southeasterly along said curve through a central angle of 63"10'41" an irc distance of 661.60 feet; thence tangent to said curve South 26"50'59" East 389.48 feet to the beginning of a tangent curve concave Westerly having a radius of 1700.00 feet; thence Southerly along said last mentioned curve through a central angle of 9"37'29" an arc distance of 285.57 feet; thence tangent to said last mentioned curve South 17"23'30" East 1187.36 feet to the beginning of a tangent curve concave Westerly having a radius of 1250.00 feet; thence Southerly along said last mentioned curve, through a cent& angle of 23"30'00" an arc distance of 512.69 feet to the beginning of a reverse curve concave Easterly having a radius of 500.00 feet; thence Southerly along said last mentioned curve to an intersection with the Northerly line of that certain Parcel of land deeded to the County of San Diego in Parcel 1 of Directors Deed recorded December 22, 1966 as File No. 198819 of Official Records; thence South 76"54'40" West along said Northerly line to the Easterly line of the 200.00 foot Atchison, Topeka and Santa Fe Railway Company Right of Way; thence along said Easterly line North 21"08'15" West to the West line of said East Half of the Northeast Quarter; thence along said West line North OO"O2'20" West, 765.33 feet to the true point of beginning. Excepting therefrom that portion described as follows: Commencing at the Southerly terminus of Course No. 5 of Parcel 1 of that certain Directors Deed conveyed to the County of San Diego and recorded on December 22, 1966 as File No. 198819 of -Official Records, said Course No. 5 having a bearing and distance of North 13"05'20" West, 20.00 feet; thence along the Southerly prolongation of said course South 13"46'30" East 28.75 feet to a line having a bearing of South 76"16'30" West, said line being South 13O46'30" East 28.75 feet from the Northerly line of Poinsettia Lane measured along the Southerly prolongation of said Course No. 5; thence South 76"16'30" West 243.98 feet to the true point of beginning, said point being the Southerly terminus of that certain Course cited as being a curve having a radius of 500.00 feet and an arc distance of 174.53 feet in Parcel 2 in deed to John D. Lusk & Son, a California corporation, recorded January 9, 1973 as File No. 73-006848 of Official Records of said San Diego County; thence continuing South 76"16'30" West 709.90 feet - record 710.09 feet - to the intersection with the Easterly right of way line of the Atchison, Topeka and Santa Fe Railroad Company, said point of intersection being distant South 21"08'51" East 28.15 feet from the Northerly line of Poinsettia Lane as measured along the Easterly right of way of said Railroad Company; thence along said Easterly right of way North 21"08'51" West CLT'A Prrliminacy Report Fom (Rev. 1/1/93 2303 1005048 Page 4 51.43 feet to a line parallel with and distant Northerly 51.00 feet measured at right angles to the above mentioned line having a bearing and distance of South 76O16'30" West 709.90 feet; thence along said parallel line North 76'16'30" East 719.15 feet to the intersection with a non tangent curve concave Easterly and having a radius of 500.00 feet, said curve being the above mentioned curve having a radius of 500.00 feet, a radial from said point bears North 82"07'45" East; thence Southerly along said curve through a central angle of 5"51'15" an arc length of 51.09 feet to the true point of beginning. Excepting therefrom those portions previously dedicated to the public use as described in the aforementioned deed recorded December 22, 1966 as File No. 198819 of Official Records. Excepting therefrom that portion described as follows: Beginning at the Northwest comer of the East Half of the Northeast Quarter of said Section 29; thence South 20"27'52" East 869.10 feet; thence South 69"32'08" West 275.76 feet to a point on the Easterly right of way line of the Atchison, Topeka and Santa Fe Railway, being 200.00 feet wide; thence along said right of way line North 20"27'52" West 154.51 feet to a point on the Easterly line of Lot 1 in said Section 29; thence along said line North O"38'14" East 765.95 feet to the point of beginning. Also excepting therefrom that portion of the East 1/2 of Section 29 and the West 1/2 of Section 28, Township 12 South, Range 4 West, Sai Bemardino Meridian, in the City of Carlsbad, County of San Diego, State of Califomia, according to Official Plat thereof lying Northerly of the Northerly line of Parcel "C" as described in the deed to the City of Carlsbad, filed in the Office of the County Recorder of San Diego County, on May 18, 1984 as File No. 84-186516 of Official Records, and lying Southerly, Easterly, Southeasterly of the following described line: Commencing at the centerline intersection of Avenue Avenida Encinas and Poinsettia Lane as shown on Parcel Map 14028, fded November 18, 1985 as File No. 85-434716 of Official Records; thence North 13"01'21" West 1.46 feet (North 13"43'30" West 1.46 feet per said Parcel Map 14028) to the beginning of a curve, as shown on said Parcel Map; concave Easterly, having a radius of 500.00 feet; thence Northerly along said curve 133.48 feet through a central angle of 15'17'45" to the point of beginning through which a radial line bears North 87"43'36" West; thence North 87"43'36" West 42.00 feet along prolongation of said radial line to the beginning of a non-tangent curve through which a radial line beam North 87"43'36" West, concave Easterly, having a radius of 542.00 feet; thence Southerly along said curve 33.50 feet through a central angle of 3"32'27"; thence South 40"29'48" West 33.70 feet; thence South 76"54'40" West 298.51 feet; thence South 13"05'20" East 11.81 feet more or less to the point of intersection with the Northerly line of said Parcel "C" and being the point of terminus. CLTA Preliminary Repon Form (Rev. 1/1/95) 1005048 Page 5 2304 Also, excepting therefrom, all oil and mineral rights below 500 feet without right of surface entry as reserved by A. L. Shipley, Jr., Conservator of the Estate of George H. Capron in deed recorded June 30, 1969 as File No. 116905 and re-recorded July 23, 1969 as File No. 132460, both of Official Records. APN: 214-450-25 CLTA Preliminary Repolt Form (Rev. 1/1/95) - ,, .- LEGAL DESCRIPTION PLANNING AREA 7 2305 THOSE PORTIONS OF LOTS 3 AND 3 AND THE EAST HALF OF NORTHEAST QUARTER IN SECTION 29, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF. DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 29 AS SHOWN ON MAP NO. 7476, FILED IN THE OFFICE OF THE COUNTY RECORDER IN SAID COUNTY, THENCE ALONG THE EAST SECTION LINE OF SAID SECTION 29 SOUTH OO"38'14" WEST 1,359.80 FEET TO A POINT ON THE PROLONGATION OF THE NORTH BOUNDARY LINE OF SAID LOT 2; THENCE ALONG SAID PROLONGATION NORTH 89 "27'20" WEST 1,345.52 FEET OF-WAY OF THE ATCHISON TOPEKA AND SANTA FE RAILROAD, SAID POINT ALSO SOUTH 20"28'04" EAST 1,673.44 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF THE 102.00 FOOT WIDE ROAD KNOWN AS POINSETTIA LANE, AS DESCRIBED IN PARCEL 1 IN DEED TO THE CITY OF CARLSBAD RECORDED AUGUST 21,1974 AS TO A POINT ON THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF A 200.00 FOOT RIGHT- BEING THE TRUE POINT OF BEGINNING; THENCE ALONG SAID RIGHT-OF-WAY LINE DOCUMENT NO. 74-227600 OF OFFICIAL RECORDS; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE SOUTH 76"56'54" WEST 495.69 FEET TO A POINT OF THE EASTERLY RIGHT-OF-WAY LINE OF THE STATE HIGHWAY AS DESCRIBED IN PARCEL 5A OF FINAL ORDER OF CONDEMNATION IN SUPERIOR COURT OF SAN DIEGO COUNTY, CASE NO. 165983, A COPY OF WHICH BEING RECORDED APRIL 23,1952 IN BOOK 4444, PAGE 395 IN THE OFFICE OF THE COUNTY RECORDER IN SAID COUNTY; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE NORTH 19"09'02" WEST 1,652.37 FEET TO THE BEGINNING OF A TANGENT 19,846.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 00'22'36'' A DISTANCE OF 130.47 FEET TO A POINT ON SAID NORTH BOUNDARY LINE OF SAID LOT 2; THENCE ALONG SAID BOUNDARY LINE SOUTH 89'27'20" EAST 482.20 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTION THEREFROM ALL OIL AND MINERAL RIGHTS BELOW 500 FEET WITHOUT RIGHT OF SURFACE ENTRY AS RESERVED BY A.L. SHIPLEY, JR., CONSERVATOR OF THE ESTATE OF GEORGE H. CAPRON IN DEED RECORDED JUNE 30,1969 AS FILE NO. 116905 AND RE-RECORDED JULY 23,1969 AS FILE NO. 132460, BOTH OF OFFICIAL RECORDS. ASSESSOR'S PARCEL NO. 214-150-17 PLANNING AREA 8 2306 LEGAL DESCRIPTION THOSE PORTIONS OF LOT 3 THE NORTH 1/3 OF LOT4 SECTION 29, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE Clp OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, LYING SOUTHWESTERLY OF THE SOUTHWESTERLY LINE OF LINE OF THE 200 FOOT RIGHT OF WAY OF THE ATCHISON, TOPEKA AND SANTA FE RAILROAD AND LYING EASTERLY OF THE SUPERIOR COURT OF SAN DIEGO COUNTY, CASE NO. 165983, A COPY OF WHICH BEING RECORDED APRIL 23, 1952 IN BOOK 4444, PAGE 395 OF OFFICIAL RECORDS, SAID EASTERLY LINE BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 29, TOWNSHIP 12 SOUTH, RANGE 4 WEST, AS SHOWN ON MAP NO. ’7476, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG THE EAST SECTION LINE OF SAID SECTION 29, SOUTH 0’38’14 WEST4474.95 TO A POINT ON THE SOUTHERLY LINE OF THE NORTH ONE THIRD OF TRUE POINT OF BEGINNING, SAID POINT ALSO BEING ON THE SOUTHWESTERLY RIGHT OF LOT 4; THENCE ALONG SAID SOUTHERLY LINE NORTH 89’09’43 WEST 144.42 FEET TO THE WAY LINE OF A 200.00 FOOT RIGHT OF WAY OF THE ATCHISON, TOPEKA AND SANTA FE RAILROAD; THENCE CONTINUING ALONG THE SOUTHERLY LINE NORTH 89’09’43” WEST 564.96 FEET TO POINT ON THE EASTERLY RIGHT OF WAY OF THE STATE HIGHWAY AS DESCRIBED IN PARCEL 5A OF FINAL ORDER OF CONDEMNATION IN SUPERIOR COURT OF SAN DIEGO COUNTY, CASE NO. 165983, FILED IN THE OFFICE OF THE COUTNY RECORDER IN SAID COUNTY; THENCE ALONG SAID EASTERLY RIGHT OF WAY LINE NORTH 19’09’02 WEST 1419.25 FEET TO A POINT ON THE SOUTHERN RIGHT OF WAY LINE OF THE 102.00 FOOT WIDE ROAD KNOW AS POINSETTIA LANE AS DESCRIBED IN PARCEL IN DEED TO THE CITY OF CARLSBAD, RECORDED AUGUST 21, 1974 AS DOCUMENT NO. 74-227601 OF OFFICIAL RECORDS; THENCE ALONG SAID RIGHT OF WAY LINE NORTH 76’57’03 EAST 497.98 FEET TO A POINT ON SAID SOUTHWESTERLY RIGHT OF WAY LINE OF SAID RAILROAD; THENCE ALONG SAID SOUTHWESTERLY RIGHT OF WAY LINE SOUTH 20’27’52 EAST 1559.85 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM ALL OIL, AND MINERAL RIGHTS BELOW 500 FEET WITHOUT RIGHT OF SURFACE ENTRY AS RESERVED BY A.L. SHIPLEY, JR., CONSERVATOR OF THE ESTATE RECORDED JULY 23. 1969 AS FILE NO. 132460, BOTH OF OFFICIAL RECORDS. EASTERLY LINE OF PARCEL 5-A AS DESCRIBED IN THE FINAL ORDER OF CONDEMNATION OF OF GEORGE H. CAPRON IN DEED RECORDED JUNE 30,1969 AS FILE NO. 116905 AND RE- ASSESSORS PARCEL N0.214-150-18 _- ATTACHMENT B LOCATION, SIZE, AND BEDROOM COUNT OF AFFORDABLE UNITS (This attachment will be added once thefinal SDP is approved for the project.) 2307 _- " h 2309 ATTACHMENT C BUILDING PERMT PHASING PLAN Action Required Phasing Receive Approval of an SDP for the affordable housing project, and execute and record the Affordable Housing Agreement approved by City Council. All building permits issued and foundations complete, inspected and approved for 92 apartment units. TOTAL # of Building Permits & Type Released 230 market rate building permits. 92 affordable apartment units 295 market rate building permits 617 Units Revised 11/30/99 11 % of Total Permits for Project 37% and 15% 48% 100% Comments Final maps allowed for a total of 617 units only. Building permits will he used for development of Planning Areas 5,7 & 8. A total of 322 building permits could be issued at this point in time; 52% of total permits. At this point, all of the market rate units could be under, or begin, construc- tion. The market rate units Allows for a total of 525 market rate and 92 affordable units.