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HomeMy WebLinkAboutCT 11-04; Presidio Cornerstone QC, LLC; 2015-0257117; Local Improvement District AgreementDOC# 2015-0257117 RECORDING REQUESTED BY: City of Carlsbad Development Services Department WHEN RECORDED IVIAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, CA 92008 May 20, 2015 12:27 PM OFFICIAL RECORDS Ernest J. Dronenburg Jr SAN DIEGO COUNTY RECORDER FEES: $2.00 Space above this line for Recorder's use. CITY OF CARLSBAD LOCAL IMPROVEMENT DISTRICT AGREEMENT Permit No. Parcel No. GR 15-12 ProjectID: CT 11-04 167-040-11 and 167-040-21 THIS AGREEMENT (the "Agreement") is made this day of M^L_, 20 iS by and between the City of Carlsbad, a municipal corporation (the "City"), and Presidio Cornerstone QC, LLC, a Delaware limited liability company ("Owner"). RECITALS 1. Owner is the owner of real property located in the City of Carlsbad, California and described in Exhibit A attached hereto and incorporated herein by this reference (the "Property"). 2. Owner has applied to the City for issuance of the above identified permit to authorize the development ofthe Property (the "Development Permit"). 3. The City has determined that additional public improvements may be necessary in the future in order to allow Owner to proceed with development and, therefore, the Property would be suitable for development as requested by Owner if certain public improvements as described in Exhibit B attached hereto and incorporated herein by this reference (the "Improvements") are constructed. 4. The Municipal Code of the City of Carlsbad requires the dedication of the necessary rights-of-way for and the construction by Owner of the Improvements or an agreement for the same for certain developments as a condition of approval of the Development Permit for certain building projects such as that proposed by owner. 5. The Owner has requested that the City approve the Development Permit prior the construction of the Improvements. 1 of 12 6. The City is willing to approve the Development Permit prior to the construction of the Improvements as requested by the Owner If Owner approves of and consents to the formation of an assessment district to include the Property for the purpose of financing the construction ofthe Improvements. NOW, THEREFORE, IT IS AGREED between the parties as follows: Section 1. Recitals. The foregoing recitals are true and correct. Section 2. City's Obligations. The City shall approve the Development Permit promptly following the execution of this Agreement by the Owner and compliance with all applicable City ordinances and other requirements. Section 3. Owner's Obligations. Section 3.01. Owner's Consent to and Approval of Formation of an Assessment District and Lew of Assessments. In consideration for the approval of the Development Permit prior to the completion of the construction of the Improvements, Owner hereby consents to and approves of: A. the inclusion of the Property in an assessment district which may be formed by the City Council of the City for the purpose of financing the construction of the Improvements (the "Assessment District"); B. the levy of an assessment against the Property (the "Assessment") in an amount not to exceed the estimated cost of construction of the Improvements, together with the estimated incidental costs of such construction and the estimated costs of formation of the Assessment District and issuance of any bonds to be issued to represent the Assessment. The foregoing costs constituting the Assessment are set forth in Exhibit C attached hereto and incorporated herein by this reference. The Assessment shall be subject to adjustment for inflation from the date first written hereinabove until the date the Assessment is confirmed and levied by the increase in the Construction Cost Index for Los Angeles as contained in the Engineering News Record or, if the Construction Cost Index for Los Angeles is no longer published, an equivalent index reasonably selected by the City Engineer. In granting the consents and approvals set forth in this Section 3, Owner is acting for and on behalf of Owner, the Owner's successors, heirs, assigns, and/or transferees and intends that such consents and approvals shall be binding upon each and every such person. Except as otherwise provided for in this Agreement, the consents and approvals given by Owner shall be irrevocable. 2 of 12 Section 3.02 Owner's Grant of a Proxy to the Citv for Assessment Ballot Procedure. Owner hereby grants to the City a proxy to act for and on behalf of Owner, the Owner's successors, heirs, assigns, and/or transferees for the limited purpose of completing and submitting an assessment ballot in support of the levy of the Assessment in the proceedings to form the Assessment District. In granting such proxy. Owner is acting for and on behalf of Owner, the Owner's successors, heirs, assigns, and/or transferees and intends that such proxy shall be binding upon each and every such person. Except as othenwise provided for in this Agreement, the proxy granted by Owner shall be irrevocable. Section 4. Owner's Representations and Waiver of Rights. Section 4.01 Owner's Representations. Owner hereby represents as follows: A. Owner understands and acknowledges that: 1. Article XlllD of the Constitution of the State of California ("Article XIIID") and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 and following) (the "Implementation Act") (Article XIIID and the Implementation Act may be referred to collectively as the "Assessment Law") establish certain procedures and requirements which apply when any agency such as the City considers the levy of assessments upon real property. 2. The requirements established by the Assessment Law include the following: a. The proportionate special benefit derived by each parcel to be assessed must be determined in relationship to the entirety of the capital cost of the improvement for which the assessment is to be levied; b. No assessment may be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel from the improvement for which the assessment is to be levied; c. Only special benefits are assessable; and d. Parcels within an assessment district that are owned or used by any agency, the State of California or the United States of America shall not be exempt from assessment unless the agency proposing to levy the assessment can demonstrate by clear and convincing evidence that those publicly owned parcels in fact receive no special benefit from the improvement for which the assessment is being levied. 3 of 12 3. The procedures established by the Assessment Law include: a. The agency which proposes to levy an assessment (the "Agency") shall identify all parcels which will have a special benefit conferred upon them from the improvement for which the assessment is proposed to be levied and upon which an assessment is proposed to be imposed. b. All assessments must be supported by a detailed engineer's report prepared by a registered professional engineer certified by the State of California. c. Prior to levying a new assessment, the Agency must give written notice by mail (the "Assessment Notice") to the record owner, i.e., the owner of a parcel whose name and address appears on the last equalized secured property tax roll, of each parcel proposed to be assessed. The Assessment Notice must include: (i) the total amount of the proposed assessment chargeable to the entire assessment district, (ii) the amount chargeable to the record owner's parcel, (iii) the duration of the assessment payments, (iv) the reason for the assessment, (v) the basis on which the amount ofthe proposed assessment was calculated, and (vi) the date, time and location of a public hearing on the proposed assessment d. The Assessment Notice must contain an assessment ballot that includes a place where the person returning the assessment ballot may indicate his or her name, a reasonable identification of the parcel, and his or her support or opposition to the proposed assessment. The Assessment Notice must also include, in a conspicuous place, a summary of the procedures for the completion, return and tabulation of assessment ballots. e. At the time, date and place stated in the Assessment Notice, the Agency shall conduct a public hearing upon the proposed assessment. At such public hearing, the Agency shall consider all objections or protests, if any, to the proposed assessment. At such public hearing, any interested person shall be permitted to present written or oral testimony. f. At the conclusion of the public hearing, the Agency shall tabulate the assessment ballots submitted, and not withdrawn, in support or opposition to the proposed assessment. If there is a majority protest against the imposition of a new assessment, the Agency may not impose the assessment. A majority protest exists if the assessment ballots submitted, and not withdrawn, in opposition to the proposed assessment exceed the assessment ballots submitted, and not withdrawn, in favor of the proposed assessment. In tabulating the assessment ballots, the assessment ballots shall be weighted by the amount of the proposed assessment to be imposed upon each parcel forwhich an assessment ballot was submitted. 4 of 12 4. The description of the requirements and procedures established by and contained in the Assessment Law set forth above are intended only to summarize certain of such requirements and procedures. 5. The City would not agree to issue the Development Permit prior to the construction of the Improvements unless the City is assured that it will be legally able to impose the Assessment on the Property. The assurance of the City's legal ability to impose the Assessment on the Property is both a material inducement to and a material consideration for the City to enter into this Agreement and agree to issue the Development Permit prior to the construction of the Improvements. B. Owner has had a reasonable opportunity to thoroughly read and review the Assessment Law in its entirety and has further had a reasonable opportunity to consult with Owner's attorney regarding the Assessment Law and the terms and conditions of this Agreement. Section 4.02 Waiver of Rights A. In consideration of the approval by the City of the Development Permit prior to the construction of the Improvements, Owner hereby waives Owner's rights under the Assessment Law to: 1. object or protest the ordering by the City of the construction of the Improvements and the imposition of the Assessment at such public hearing so long as the amount of the Assessment does not exceed the amount set forth in Exhibit C hereto adjusted for inflation pursuant to Section 3.01 B above; 2. submit an assessment ballot in support of or in opposition to the imposition of the Assessment so long as the amount of the Assessment does not exceed the amount set forth in Exhibit C hereto adjusted for inflation pursuant to Section 3.01 B above; and 3. file or bring any protest, complaint or legal action of any nature whatsoever challenging the validity of the proceedings to form the Assessment District and/or the validity of the imposition of the Assessment on the Property. B. In order that the City may be assured of its ability to legally impose the Assessment on the Property and, therefore, be willing to enter into this Agreement and agree to approve the Development Permit prior to the construction of the Improvements, Owner represents and warrants that Owner has knowingly, intelligently and voluntarily waived for and on behalf of Owner, Owner's successors, heirs, assigns and/or transferees, each and every one of the rights specified in Section 4.02A above. 5 of 12 Section 5. Alternative Satisfaction of Owner's Obligations Owner's obligations under Section 3 above may be satisfied by paying the amount set forth in Exhibit "C" adjusted for inflation at any time prior to the formation of the assessment in which case a release of this Agreement shall be recorded in the office of the San Diego County Recorder Section 6. General Provisions. Section 6.01 Conflict with Other Agreements or Requirements of the Citv. Except as specifically provided in this Agreement, nothing contained herein shall be construed as releasing Owner from any condition of development of the Property or requirement imposed by any other agreement with or requirement of the City. Section 6.02 General Standard of Reasonableness. Any provision of this Agreement which requires the consent, approval, discretion or acceptance of any party hereto or any of their respective employees, officers or agents shall be deemed to require that such consent, approval or acceptance not be unreasonably withheld or delayed, unless such provision expressly incorporates a different standard. Section 6.03 Entire Agreement: Amendment. This Agreement contains all of the agreements of the parties hereto with respect to the matters contained herein and no prior or contemporaneous agreement or understandings, oral or written, pertaining to any such matters shall be effective for any purpose. No provision of this Agreement may be modified, waiver, amended or added to except by a writing signed by the party against which the enforcement of such modification, waiver, amendment or addition is or may be sought. Section 6.04 Notices. Any notice, payment or instrument required or permitted by this Agreement to be given or delivered to either party shall be deemed to have been received when personally delivered or seventy-two (72) hours following deposit of the same in any United States Post Office in California, registered or certified, postage prepaid, addressed as follows: 6 of 12 Owner: Presidio Cornerstone QC, LLC 4365 Executive Drive, #600 San Diego, CA 92121 Telephone No.: (858) 458-9700 City: City of Carlsbad Attn: City Manager 1200 Carlsbad Village Dr Carlsbad CA 92008 Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party. Section 6.05 Successors and Assigns. This Agreement shall be binding upon and inure to the benefit ofthe successors and assigns of the parties hereto. Section 6.06 Governing Law. This Agreement and any dispute arising hereunder shall be governed by and interpreted in accordance with the laws of the State of California. Section 6.07 Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by any other party, or the failure by a party to exercise its rights under the default of any other party, shall not constitute a waiver of such party's right to insist and demand strict compliance by any other party with the terms of this Agreement thereafter. Section 6.08 Singular and Plural; Gender. As used herein, the singular of any work includes the plural, and terms in the masculine gender shall include the feminine. Section 6.09 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original. Section 6.10 Construction of Agreement. This Agreement has been reviewed by legal counsel for both the City and the Owner and shall be deemed for all purposes to have been jointly drafted by the City and the Owner. No presumption or rule that ambiguities 7 of 12 shall be construed against the drafting party shall apply to the interpretation or enforcement of this Agreement. The language in all parts of this Agreement, in all cases, shall be construed as a whole and in accordance with its fair meaning and not strictly for or against any party and consistent with the provisions hereof, in order to achieve the objectives of the parties hereunder. The captions of the sections and subsections of this Agreement are for convenience only and shall not be considered or referred to in resolving questions of construction. Section 6.11 Recitals: Exhibits. Any recitals set forth above and any attached exhibits are incorporated by reference into this Agreement. Section 6.12 Authoritv of Signatories. Each signatory and party hereto hereby represents and warrants to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions and/or other actions have been taken so as to enable such party to enter into this Agreement. Section 7. Covenant Running with the Land The parties hereto intend that the burdens and obligations of the Owner under Section 3 above constitute a covenant running with the land and that such covenant shall be binding upon all transferees ofthe Property. [End of page. Next page is signature page.] 8 of 12 [Signature Page] Signed by the Owner this day of V^&>A^ , 20 l6. OWNER: Presidio Cornerstone QC, LLC, a Delaware limited liabBity company By: Cornerstone Communities, LLC, a California limited liabjjify company. Its Operating Manager lere.) Ure R. Kretowicz (Print name here) Manager. Cornerstone Communities. LLC (Manager) (Proper notary acknowledgement of execution by Owner must be attached.) (Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, a corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) CITY OF CARLSBAD, A municipal corporation of the State of California Kathryn B. Dodson Interim CiWyManagen By: JASOKI S. GELDERT, P.E. Engineering Manager APPROVED AS TO FORM: CELIA BREWER City Attorney ^"^^1<E1V CEMP Assistant City Attorney 9 of 12 REV 01/25/13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE §1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ^ County of SoY) DK On Date personally appeared before me, I (Sap 6)Ulcic)-Joi ci^S\Vij^ ivc/ r.>Tej Here Insert Na(pe and Title of the Om Name(s) of Signer(s) -O^ ic 7cer who proved to me on the basis of satisfactory evidence to be the personjigjf whose namei/ij is/ate- subscribed to the within instrument and acknowledged to me that he/etie/Lliby executed the same in his/hentheir authorized capacity(i©^ and that by his/heft'their signature(^on the instrument the person(9^; or the entity upon behalf of which the person^acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ILSE GUIDO-JACKSON 1 COMM. #1961800 i NotaiyPuMc.Califomia 9 San Diego County - W)f ODHWI. fapfes Dec. 23^ 2B15[ WITNESS my hand and official seal. Signature. ^iM(A- l(yc Signature of Notary^ublit 'ubiic Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document , h,r4rirr(- frvY^rvot-nV Title or Type of Document: V^CQl \yyfb'f^rnef)\ VlSI'DocumeW Date: Number of Pages: Signer(s) Otner Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: • Corporate Officer — Title(s): • Partner — • Limited • General • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: Signer's Name: • Corporate Officer — Title(s): • Partner — • Limited • General • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: ©2014 National Notary Association • www.NatlonalNotary.org • 1 -800-US NOTARY (1 -800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CiVIL CODE §1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California Countv of SatW^I^^ ) On M^M. i5)^^>S before me, TZ.f^^,^/V/^ CTvn^, h^ckfij ^^/rC (J Dafe Here Insert Name and Title of the Officer personally appeared Name(s) of Signer(s) who 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. i iJrnm, COMM. #2107902 4 INOTARY PUBLIC • CALIFORNIA % ^\^WJ SAN DEGO COUMTY /i i >5iSB/ComtnlsslonExpltesApril20.2019j I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature ctf Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this Information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document Title or Type of Document: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Document Date: • Corporate Officer — Title(s): • Partner — • Limited • General • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: Signer's Name: • Corporate Officer — Title(s): • Partner — [J Limited • General • Individual • Attorney in Fact • Trustee [I] Guardian or Conservator • Other: Signer Is Representing: ©2014 National Notary Association • www.NatlonalNotary.org • 1 -800-US NOTARY (1 -800-876-6827) Item #5907 Order Number: NHSC^768557 (06) Page Number: 12 EXHIBIT *A" LEGAL DESCRIPTION Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: PARCEL 1: (APN: 167-040-11-00) ALL THAT PORTION OF RANCHO AGUA HEDIONDA, IN THE COUNTY OF SAN DIEGO, STATE OF CAUFORNIA, ACCORDING TO PATENT MAP THEREOF, RECORDED IN BOOK 1, PAGE 150 OF PATENTS, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, . DESCRIBED AS FOLLOWS: COMMENQNG AT CORNER NO. 2 OF SAID RANCHO HEDIONDA; THENCE SOUTH 30° 03' WEST ALONG THE WESTERLY UNE THEREOF, 274.80 FEET, MORE OR LESS, TO THE CENTER UNE OF THE RELOCATION OF COUNTY HIGHWAY COMMISSION ROUTE 14, FROM OCEANSIDE TO VISTA, ACCORDING TO MAP THEREOF, FILED IN THE OFFICE OF COUNTY SURVEYOR OF SAN DIEGO COUNTY; THENCE ALONG SAID CENTER UNE, AS FOLLOWS: SOUTH 74° 48' EAST, 531.12 FEET TO THE BEGINNING OF A CURVE TO THE LEFT, HAVING A RADIUS OF 2,000.00 FEET; ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 6° 38', A DISTANCE OF 231.55 FEET; SOUTH 83° 31' EAST (DEED SOUTH 81° 26' EAST), 2,345.90 FEET TO THE BEGINNING OF A CURVE TO THE LEFT, HAVING A RADIUS OF 2,000.00 FEET; ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 12° 19' A DISTANCE OF 429.93 FEET; NORTH 84° 10' EAST (DEED NORTH 86° 15' EAST) 145.34 FEET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A RADIUS OF 400.00 FEET; ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 6° 38', A DISTANCE OF 258.19 FEET; NORTH 47° 11' EAST (DEED NORTH 49° 16' EAST) 100.27 FEET, MORE OR LESS TO THE INTERSECnON WITH THE WESTERLY UNE OF LAND DESCRIBED IN DEED TO ROSA MARRON, DATED DECEMBER 10, 1902 AND RECORDED IN BOOK 324, PAGE 114 OF DEEDS; THENCE ALONG SAID WESTERLY UNE, SOUTH 7° 36' 16" EAST (DEED SOUTH 7° 35' WEST) 1,171.22 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 7° 36' 16" EAST ALONG SAID WESTERLY UNE, 880.00 FEET TO THE SOUTHWESTERLY CORNER THEREOF, BEiNG ALSO THE SOUTHEASTERLY CORNER OF LAND DESCRIBED IN DEED TO JOE A. MARRON, DATED APRIL 18, 1918 AND RECORDED IN BOOK 754, PAGE 301 OF DEEDS; THENCE SOUTH 67° WEST, ALONG THE S0UT>1ERLY UNE OF SAID LAND, 1,709.40 FEET TO THE MOST SOUTHERLY CORNER THEREOF; THENCE NORTH 59° WEST ALONG SAID SOUTHERLY UNE, 900.09 FEET TO THE MOST SOUTHERLY CORNER OF LAND DESCRIBED IN DEED TO JUAN M. MARRON DATED AUGUST 11, 1913 AND RECORDED IN BOOK 616, PAGE 414 OF DEEDS; THENCE NORTH 16° 07' 10" EAST 890,00 FEET TO AN INTERSECnON WTTH A UNE WHICH BEARS SOUTH 83° 37' 09' WEST FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 83° 37' 09" EAST, 1,993.84 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 2: (APN: 167-040-21-00) THAT PORTION OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CAUFORNIA, ACCORDING TO PARTITION MAP NO. 823, FILED IN THE OFHCE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF LOT "J" OF SAID RANCHO; THENCE First American Title Order Number: NHSC-4768557 (06) Page Number: 13 SOUTHWESTERLY ALONG THE NORTHWESTERLY UNE OF SAID LOT "J" SOUTH 69° 36' 25" WEST 2,149.10 FEET RECORD SOUTH 69° 36' 00" WEST 2,152.00 FEET, MORE OR LESS TO THE SOUTHERLY PROLONGATION OF THE WESTERLY UNE OF THE LAND DESCRIBED IN DEED TO ROSA MARRON, RECORDED MAY 1,1903 IN BOOK 324, PAGE 114 OF DEEDS, RECORDS OF SAN DIEGO COUNTY; THENCE NORTHERLY ALONG SAID PROLONGATION AND SAID WESTERLY UNE NORTH 05° 23' 20" WEST, RECORD NORTH 07° 35' 00" WEST, 1,906.40 FEET, TO AN INTERSECnON WTTH THE SOUTHERLY UNE OF LAND DESCRIBED IN A DEED TO THE STATE OF CAUFORNIA FOR FREEWAY PURPOSES, RECORDED NOVEMBER 13, 1964 AS FILE NO. 206558 OF OFFICIAL RECORDS; THENCE ALONG SAID SOUTHERLY BOUNDARY, NORTH 54° 35' 03" EAST 61.20 FEET, RECORD NORTH 54° 12' 28" EAST 66.68 FEET; NORTH 62° 19' 49" EAST, RECORD NORTH 61° 50' 14", EAST 781.78 FEET; NORTH 70° 22' 43" EAST, RECORD NORTH 70° 00' 08" EAST, 160.25 FEET; NORTH 53° 37' 35" EAST, RECORD NORTH 53° 15' 00" EAST, 60,91 FEET; NORTH 11° 22' 59" EAST, RECORD NORTH 11° 00' 24" EAST, 91,21 FEET; NORTH 69° 05' 01" EAST, RECORD NORTH 68° 42' 26" EAST, 625.00 FEET; SOUTH 71° 01' 22" EAST, RECORD SOUTH 71° 23' 57" EAST, 97.79 FEET; SOUTH 29° 15' 52" EAST, RECORD SOUTH 29° 38' 27" EAST, 45.80 FEET; NORTH 89° 44' 27" EAST, RECORD NORTH 89° 21' 52" EAST, 97.35 FEET; NORTH 51° 23' 56" EAST, RECORD NORTH 51° 01' 21" EAST, 180.95 FEET; NORTH 79° 55' 20" EAST 17.18 FEET, RECORD NORTH 79° 32' 45" EAST, 17.12 FEET; NORTH 82° 05' 47" EAST, RECORD NORTH 81° 43' 12" EAST 32,23 FEET; NORTH 20° 31' 54" EAST, RECORD NORTH 28° 09' 19 EAST, 25.12 FEET; NORTH 63° 40' 35" EAST, RECORD NORTH 63° 18' 00" EAST, 67,81 FEET; AND NORTH 84° 42' 03" EAST 126.8 FEET, RECORD NORTH 84° 19' 28" EAST 135.48 FEET, TO THE INTERSECHON WITH THE HEREINBEFORE SAID EASTERLY UNE OF LAND CONVEYED TO SILVESTRE MARRON, SAID POINT OF INTERSECHON BEING ALSO FOR REFERENCE ALONG A RADIAL UNE SOUTH 18° 13' 52" EAST 202.64 FEET FROM THE ENGINEER'S STATION 196 PLUS 96.37 P.O.C. CENTER UNE OFTHE DEPARTMENT OF PUBUC WORKS 1951 SURVEY FOR ROAD XI-SD-196-OCN-A; THENCE SOUTH 01° 19' 47" EAST, 2,063.50 FEET TO TTHE POINT OF BEGINNING. EXCEPnNG THEREFROM THAT PORTION, IF ANY, LYING NORTHERLY OF THE SOUTHERLY UNE OF LAND DESCRIBED IN A RNAL ORDER OF CONDEMNATION, RECORDED APRIL 29, 1954 IN BOOK 5223, PAGE 37 OF OFRCIAL RECORDS. ALSO INCLUDING: THOSE PORTIONS OF THAT CERTAIN PARCEL OF LAND REUNQUISHED TO THE CFTY OF CARLSBAD PER RLE/PAGE NO. 53001, RECORDED MARCH 29, 1968 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CAUFORNIA, DESIGNATED AS PARCELS 1 AND 2 OF STATE HIGHWAY MAP NO. 86 (REUNQUISHMENT MAP NO. 15091 PER RLE/PAGE NO. 185247, RECORDED NOVEMBER 24, 1967), ALSO BEING A PORTION OF LAND FORMERLY GRANTED TO THE STATE OF CAUFORNIA PER RLE/PAGE NO'S 206558 AND 206559, RECORDED NOVEMBER 13, 1964, AS SHOWN ON CALTRANS RIGHT OF WAY MAP LO-27501; ALL OF OFFICIAL RECORDS OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 'A' BEGINNING AT A FOUND 1" IRON PIPE WITH DISC STAMPED "DIV HWYS" PER STATE HIGHWAY MONUMENTATION MAP M.S. 597, SAID PIPE MARKING THE SOUTHWEST CORNER OF SAID LAND GRANTED PER RLE/PAGE NO.'S 206558 AND 206559; THENCE ALONG THE SOUTHERLY BOUNDARY THEREOF THE FOLLOWING COURSES: NORTH 54°46'36" EAST, 66.63 FEET (NORTH 54°12'28" EAST, 66.68 FEET PER SAID RLE/PAGE NO.'S 206558 AND 206559); THENCE NORTH 62°33'21" EAST, 781,76 FEET (NORTH 61°57'14" EAST, 781.78 FEET PER SAID RLE/PAGE NO.'S 206558 AND 206559); THENCE NORTH 70°36'16" EAST (NORTH 70°00'08" EAST PER SAID RLE/PAGE NO.'S 206558 AND 206559), 119.15 FEET TO A POINT HEREIN First American Title Order Number: NHSC-4768557 (06) Page Number: 14 REFERRED TO AS POINT 'A'; THENCE LEAVING SAID SOUTHERLY BOUNDARY NORTH 12°21'04" WEST 7,32 FEET TO THE BEGINNING OF A TANGENT 20.00 FOOT RADIUS CURVE, CONCAVE TO THE SOUTHWEST; THENCE NORTHWESTERLY, WESTERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 94°58'10" A DISTANCE OF 33.15 FEET TO THE BEGINNING OF A 670.00 FOOT RADIUS COMPOUND CURVE, A RADIAL UNE TO SAID BEGINNING BEARS NORTH 17°19'14" WEST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 09°14'38" A DISTANCE OF 108.10 FEET; THENCE SOUTH 63°26'08" WEST, 825.34 FEET TO A POINT ON THE WEST BOUNDARY OF SAID RLE/PAGE NO.'S 206558 AND 206559; THENCE ALONG SAID WEST BOUNDARY SOUTH 05°24'53" EAST, 51.04 FEET TO THE POINT OF BEGINNING, PARCEL 'B' COMMENQNG AT THE ABOVE-MENTIONED POINT 'A'; THENCE CONTINUING ALONG THE SOUTHERLY BOUNDARY OF SAID RLE/PAGE NO.'S 206558 AND 206559 THE FOLLOWING COURSES: NORTH 70°36'16" EAST (NORTH 70°00'08" EAST PER SAID RLE/PAGE NO.'S 206558 AND 206559), 41.10 FEET; THENCE NORTH 53°52'54 EAST, 21,31 FEET (NORTH 53°15'00" EAST PER SAID RLE/PAGE NO.'S 206558 AND 206559) TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 53°52'54 EAST 39.47 FEET; THENCE NORTH 11°37'15" EAST (NORTH 11°00'24" EAST PER SAID RLE/PAGE NO.'S 206558 AND 206559), 0.93 FEET TO A POINT HEREIN REFERRED TO AS POIMT 'B'; THENCE LEAVING SAID SOUTHERLY BOUNDARY SOUTH 77°05'02" WEST, 16.99 FEET TO THE BEGINNING OF A TANGENT 20.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTHEAST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 79°37'19" A DISTANCE OF 27.79 FEET TO THE TKUE POINT OF BEGINNING. PARCEL 'C COMMENCING AT THE ABOVE-MENTIONED POINT 'B'; THENCE CONTINUING ALONG THE SOUTHERLY BOUNDARY OF SAID FILE/PAGE NO.'S 206558 AND 206559 THE FOLLOWING COURSES: NORTH 11°37'15" EAST (NORTH 11°00'24" EAST PER SAID RLE/PAGE NO.'S 206558 AND 206559), 90.34 FEET; THENCE NORTH 69°19'22" EAST, 624,95 FEEF (NORTH 68°42'26" EAST, 625.00 FEET PER SAID RLE/PAGE NO.'S 206558 AND 206559); THENCE SOUTH 71°07'36" EAST, 97.96 FEET (SOUTH 71°23'57" EAST, 97,79 FEET PER SAID RLE/PAGE NO,'S 206558 AND 206559); THENCE SOUTH 28°32'25" EAST, 43.26 FEET (SOUTH 29°38'27" EAST PER SAID RI^/PAGE NO.'S 206558 AND 206559) TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 28°32'25" EAST, 2.90 FEET; THENCE NORTH 89°56'20" EAST, 97.33 FEET (NORTH 89°21'52" EAST, 97.35 FEET PER SAID FILE/PAGE NO.'S 206558 AND 206559); THENCE NORTH 51°35'17" EAST, 180.91 FEET (NORTH 51°01'21" EAST, 180.95 FEET PER SAID RLE/PAGE NO.'S 206558 AND 206559); THENCE NORTH 80°07'10" EAST, 17.12 FEET (NORTH 79°32'45" EAST, 17.12 FEET PER SAID RLE/PAGE NO.'S 206558 AND 206559); THENCE NORTH 82°17'31" EAST 32.22 (NORTH 81°43'12" EAST, 32.23 FEET PER SAID FILE/PAGE NO.'S 206558 AND 206559); THENCE NORTH 28°42'58" EAST, 25,11 FEET (NORTH 28°09'19" EAST, 25.12 FEET PER SAID RLE/PAGE NO.'S 206558 AND 206559); THENCE NORTH 63°50'06" EAST (NORTH 63°18'00" EAST PER SAID RLE/PAGE NO.'S 206558 AND 206559), 28.71 FEET TO THE BEGINNING OF A NON-TANGENT 958.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTHEAST, A RADIAL UNE TO SAID BEGINNING BEARS NORTH 20°50'18" WEST; THENCE LEAVING SAID SOUTHERLY BOUNDARY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 03°15'46" A DISTANCE OF 54,55 FEET; THENCE SOUTH 65°53'56" WEST, 217,21 FEET TO THE BEGINNING OF A TANGENT 470,00 FOOT RADIUS CURVE CONCAVE TO THE SOUTHEAST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 05°51'00" A DISTANCE OF 47.99 FEET; THENCE SOUTH 60°02'56" WEST, 41,19 FEET TO THE TRUE POINT OF BEGINNING. First American Titie EXHIBIT B DESCRIPTION OF THE IMPROVEMENTS Undergrounding of all existing overhead utilities along Haymar Drive west of lot 5 at CT 11-04 project frontage 11 of 12 REV 01/25/13 EXHIBIT C THE ASSESSMENT IMPROVEMENT CALCULATION SHEET Permit #: Date: Entered By: GR 15-12 Frontage:(LF) 825 4/27/15 DrivewayWidth:{LF) n/a Sidewalk Width:(LF) n/a PAVING BASE SIDEWALK CURB & GUTTER PAVEMENT PREP. UNDERGROUND UTlT SEWER r WATER FIRE HYDRANT T STREET LIGHT DRIVEWAY APROACH SUBTOTAL DESIGN CONTINGENCY (20%) ASSESS. DISTRICT COST PLAN CHECK INSPECTION TOTAL Quantity Cost SF $0 SF $0 SF $0 LF $0 SF $0 SF $0 825 LF $123,750 LF $0 LF $0 EA $0 EA $0 SF $0 $123,750 $18,563 $24,750 $2,500 $2,970 $1,485 $174,018 12 of 12 REV 01/25/13