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HomeMy WebLinkAboutCT 16-07; NUWI CARLSBAD LLC; 2022-0089683; Affordable Housing Agreement/ReleaseRECORDING REQUESTED BY: City of Carlsbad WHEN RECORDED MAIL TO: City of Carlsbad Housing and Homeless Services Department 1200 Carlsbad Village Drive Carlsbad, CA 92008 Attn: City Clerk DOC# 2022-0089683 1111111 11111 lllll 111111111111111 11111111111111111111 fllll lllll llll llll Feb 28, 2022 02:22 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr, SAN DIEGO COUNTY RECORDER FEES: SO.DO (S82 Atkins $0.00) PAGES: 14 This document is recorded at the request and for the benefit of the City of Carlsbad, and is exempt from the payment of a recording fee pursuant to Government Code Sections 6103, 27383, and 27388.1 (Space above.for Recorder's Use) AFFORDABLE HOUSING AND DENS ITY BONUS AGREEMENT IMPOSING RESTRICTIONS ON REAL PROPERTY (DEV 16-038) This AFFORDABLE HOUSING AND DENSITY BONUS AGREEMENT IMP~ING RESTRICTIONS ON REAL PROPERTY ("Agreement"), entered into this 2Z day of 0Gt]l?er' , dll?J by and between the CITY OF CARLSBAD, a municipal corporation ("City"), and NUWI CARLSBAD LLC, a Delaware Limited Liability Company ("Developer") is made with reference to the following: A. Developer is the owner of certain real property in the City of Carlsbad, in the County of San Diego, California ("Property") described in Exhibit "A", which is attached hereto and incorporated herein by thi~ reference. B. Developer currently intends to construct a total of 295 residential units on the Property ("Development"), consisting of 248 market rate townhomes, and 46 affordable senior apartments plus a manager's unit. The City has approved the Site Development Plan for the Development. On November 3, 2020, City certified a final environmental impact report and adopted Candidate Findings of Fact and a Mitigation Monitoring and Reporting Program (EIR 2017-0001), and issued approvals for a tentative tract map (CT 16-07), residential planned development pennit (PUD 16-09), non-residential planned unit development (PUD 20 18-0007), site development plan (SDP 2018-0001), coastal development permit (CDP 16-33), hillside development permit (HDP 16-02), and special use permit (SUP 16-02), which said approvals specify therein the granting of increased density, additional units from the City's excess dwelling unit bank, and related standards modifications, subject to certain conditions of approval (Planning Commission Resolution No. 7382 "Conditions of Approval"). One of the Conditions of Approval requires that 37 of the units in the Development are to be affordable to senior households with incomes up to fifty percent of the San Diego Area Median Income (50% AMI), and nine (9) of the units in the Development are to be affordable to senior households having incomes up to sixty percent of the San Diego Area Median Income (60% AMI), in fulfi ll ment of the City's Inclusionary Housing Ordinance, Carlsbad Municipal Code ("CMC") Chapter21.85, and Planning Commission Resolution 7114. {000724l0.2 -770.308 l 1 CA 2/5/2013 C. Developer requested and received from City a thirty-five percent (35%) density bonus and incentives or concessions to provide twenty percent (20%) of the development (exclusive of the bonus units) for housing affordable to lower income households. D. Developer is required by the Conditions of Approval to enter into an Affordable Housing and Density Bonus Agreement as required and with the content specified by the City's lnclusionary Housing Ordinance (CMC Chapter 21.85) and in the Residential Density Bonus and Incentives or Concessions Ordinance (CMC Chapter 21.86). This Affordable Housing and Density Bonus Agreement satisfies the requirements ofCMC Sections 21.85 .140 and 21.86.130, and shall be executed and recorded prior to the approval of any final or parcel map for the Property or, where a map is not being processed, prior to issuance of building perm.its. NOW, THEREFORE, it is mutually agreed by and between the unde rsigned parties as follows: 1. Satisfaction of Affordable Housing Obligation and Conditions of Approval. In order to satisfy the Conditions of Approval of the permits described in Recital B above, and the requirements of the City's Tnclusionary Housing Ordinance (CMC Chapter 21.85) and Residential Density Bonus and Incentives or Concessions Ordinance (CMC Chapter 21.86) shall not be satisfied unless forty -six (46) units of the Development are con tructed for the purpose of providing housing to be affordable to lower-income senior households according to the schedule and terms contained herein ("Affordable Units"). A total of 248 market rate units, one unrestricted manager's unit and at least 46 Affordable Units may be constructed with approval of this Agreement. 2. Terms Governing Provision of Affordable Units. Provision of the Affordable Units shall be governed by the following terms: 2. l Size and Bedroom Count. The Affordable Units in the Development shall include 47 units (incJuding one unrestricted manager's unit) in the numbers and with the square footages indicated in the table below. · Unit Size Number of Units by Income Level Total (% AMI) Number of Approx. net Very Low Low bedrooms square feet 50% 60% One bedroom 524-545 s.f. 37 9 46 Two bedroom 757 s.f. 1* TOTALS 37 9 47 *Unrestricted manager's unit { 00072430.2 • 770.308 } 2 CA 5/12/20 11 2.2 Affordability Requirements. Thirty-seven (37) Very Low Income Affordable Units shall be restricted to occupancy by households with incomes not exceeding 50% of the area median income (AMI) for San Diego County, adjusted for actual household size. Monthly rents of the Very Low Income Affordable Units shall not exceed 1112th of 30% of 50% of the household AMI for San Diego County, adjusted for assumed household size appropriate for the unit pursuant to the Regulatory Agreement. Nine (9) Low Income Affordable Units shall be restricted to occupancy by households with incomes not exceeding 60% of the area median income (AMJ) for San Diego County, adjusted for actual household size. Monthly rents of the Low Income Affordable Units shall not exceed I/12th of 30% of 60% of the household AMI for San Diego County, adjusted for assumed household size appropriate for the unit pursuant to the Regulatory Agreement. One manager's unit shall be unrestricted as to income or rent limitations. 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 required monthly payments required by the lessor in connection with use and occupancy of a housing unit and land and facilities associated therewith, including any separately charged fees, utility charges, or service charges assessed by the lessor and payable by the tenant (but not including fees or charges resulting from any default by the tenant or damage caused by the tenant, or fees or charges paid by the tenant to third pmty utilities or other providers). Median income figures shall be those determined by the United States Department of Housing and Urban Development from time to time, and as published by the California Department of Housing and Community Development. For purposes of this Agreement, "assumed household size appropriate for the unit" shall mean a household of two persons in a one-bedroom unit, and three persons in a two-bedroom unit, unless the requirements of another funding source require an alternate method of calculating assumed household size. With respect to each Affordable Unit, the affordability requirements of this Section 2.2 shall continue for 5 5 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 2.2 shall be set fo1ih in the Regulatory Agreement between the Developer or its successors and the City, provided for below, which shall supersede this Agreement upon recordation of the Regulatory Agreement. 2.3 Schedule for Developing Affordable Multi-family Units. Developer and/or its successor shall provide the Affordable Units on the following schedule: (i) Developer may obtain building permits for no more than 82 of the market rate townhomes prior to Developer and/or its successor obtaining a building permit for and commencing construction on the Affordable Units, (ii) Developer may obtain building pennits for no more than an additional 83 of the market rate townhomes prior to completion of the Affordable Units, as evidenced by issuance of certificates of occupancy, and (iii) Developer may obtain building permits for the remaining market rate townhomes after completion of the Affordable Units, as evidenced by issuance of certificates of occupancy. For purposes of this section, "building permit" shall mean a permit issued in accordance v-.rith the requirements of the California Building Code, California Code of Regulations, Title 24, Part 2, Volumes 1 and 2, Section 105, and as amended by Carlsbad Municipal Code Section 18 .04.020. For purposes of this section, "commencing construction" shall mean initiation of construction activity in reliance on the building permit for the Affordable Units and which results in at least one approved inspection by the City. { 00072430.2 -770.308 } 3 CAS/12/2011 3. City Approval of Documents. The following documents, to be approved in writing by the City, shall be used in connection with the rental of Affordable Units. 3 .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. 3.2 A fonn of Rental Agreement. 3.3 A Property Management Plan. 3.4 A form of regulatory agreement between the Developer (and/or its successor) and the City ("Regulatory Agreement"), following a format designated by the City. 4. Compliance Report. Following completion of construction of the Affordable Units, a Compliance Report meeting the requirements of CMC Section 21.85.140 of the Inclusionary Ordinance, verifying compliance of all completed Affordable Units with the terms of this Agreement and certified as correct by a third-paiiy, shall be submitted annually to the Housing and Homeless Services Director, commencing on the first Report Date that is twelve (12) months from the completion of construction of the Affordable Units. In addition, said annual reports shall contain an updated list of the tenants and their ages, in compliance with CMC Section 21.84.110~ monitoring and reporting requirements for housing for senior citizens. If similar reports on some or all of the Affordable 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 Homeless Services Director, with respect to the Affordable Units covered by such reports, provided that copies of those reports are provided on an annual basis to the Housing and Homeless Services Director with a third party certification addressed to the City. 5. Release of Subject Property from Agreement. The covenants and conditions herein contained shall apply to and bind the Developer and its 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 the Property to be developed and shall run with and burden the Property until expiration in accordance with Section 12 hereof. This Agreement shall not burden or encumber non- residential portions of the Property and shall not preclude development or issuance of non- residential permits in any manner. Until residential portions of the Property are released from the burdens of this Agreement pursuant to this Section 5, the Developer 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 residential 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 ohhis Agreement; and the terms of this Agreement shall be of no further force or effect and automatically released without further action with respect to such completed unit on the date of the recordation of a deed to the individual purchaser. As market rate units are eligible for release, this Agreement shall be fully released for those eligible market rate residential units as {00072430 2 • 770.308} 4 CA 5/12/2011 designated in writing by Developer. The Agreement shall be fully released as to the entire Property upon issuance of certificates of occupancy for all Affordable Units. 6. Default. Failure of the Developer to cure any default in the Developer's obligations under the terms of this Agreement within ninety (90) days a11er the deli very 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 Developer to commence to cure such default within the ninety (90) day period or the Developer's failure to proceed diligently to complete the cure of such a default within a reasonable time period but in no event greater than one-hunc:b-ed eighty (180) days) will constitute a failure to satisfy the Conditions of Approval with respect to the Property and the requirements of Chapter 21.85 of the CMC. The City may exercise any and all remedies available to it with respect to the Developer's failure to satisfy the Conditions of Approval and Chapter 21.85 of the CMC, including but not limited to, the withholding of further building permits for the market rate tmits within the Development until such cure is completed. 7. Appointment of Other Agencies. At its sole discretion, 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. 8. Hold Harmless. Developer 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 "lndemnitees"), and any of them, from and against all los , all risk of loss and all damage (including attorneys' fees and expenses) sustained or incurred because of or by reason of any and all claims, demands, suits, actions, judbrments and executions for damages of any and every kind and by whomever and whenever made or obtained, alleged ly caused by, arising out of or relating in any manner to Developer's actions or defaults pursuant to this Agreement, and shall protect and defend Indemnitees, and any of them with respect thereto. This provision shall survive the term of this Agreement. 9. Insurance Requirements. Developer shall obtain at its own expense, commercial generaJ liability insurance for development of the Affordable Units naming lndemnitees 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 coverage for contractual liability and projects and completed operations, purchased by Developer or its successor or assigns from 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-:VII, such insurance to be evidenced by an endorsement which so provides and delivered to the Housing and Homeless Services Director prior to the issuance of any building permit for the Property. 10. 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: t 00072430.2 • 770.308 } 5 CA 5/l2/201 l TO THE CITY OF CARLSBAD: City of Carlsbad Housing and Homeless Services Department 1200 Carlsbad Village Drive Carlsbad CA 92008 Attn: Housing and Homeless Services Director Email: flousing@carlsbadca.gov Fax: 760-720-2037 TO THE DEVELOPER: NUWI Carlsbad LLC c/o Pool Invest NUWI Carlsbad LLC Attn: Jeff Enes and Legal Department 100 Bayview Circle, Suite 2000 Newport Beach, CA 92660 Email: jenes@ibpinc.com and legalnotices@ihpinc.com With a copy to: NUWI 2 -Marja Acres LLC Attn: Adam Browning and Jason Han 2001 Wilshire Boulevard, Suite 401 Santa Monica, CA 90403 Email: adamb@newurbanwest.com and jasonh@newurbanwest.com 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. 11 . Integrated Agreement. This Agreement constitutes the entire Agreement between the parties and no modification hereof shall be binding unless reduced to wTiting and signed by the parties hereto. 12. Duration of Agreement. This Agreement shall remain in effect for fifty- five (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 the Developer and the Housing and Homeless Services Director. 13. Recording of Agreement. The parties hereto shall cause this Agreement to be recorded against the Property in the Official Records of the County of San Diego. 14. 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 {00072430.2 • 770.308 ) 6 CA 5/12/2011 court of competent jurisdiction, the remaining portions of this Agreement shall nevertheless be and remain in full force and effect. 15. Affordable Developer Obligations. The City agrees and acknowledges that the Affordable Units shall be developed on a legal parcel separate from the market rate units in the Development (the "Affordable Parcel") by a sperate entity from the Developer (the "Affordable Developer"). The Affordable Developer shall have no obligations relating to the development of the market rate units in the Development. [REMAINDER OF PAGE LEFT JNTENTTONALLY BLA K} { 00072430.2 • 770.308 } 7 CA 5/12/2011 ACKNOWLEDGMENT 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 San Diego On [\lt/Y b 1 'lO )_ \ before me, Morgen Fry, Notary Public (insert name and title of the officer) personally appeared '::wt\-C ' who proved to me on the basis of satisfactory evidence to be the person whose nam~ is/8:fe- subscribed to the within instrument and acknowledged to me that he/she/+J:ley..executed th,e same in his/1:lefftheirauthorized 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,(,$) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the Jaws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Seal) IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed as of the day and year first above written. DEVELOPER NUWI CARLSBAD LLC, a Delaware limited liability company By: NUWT 2 -Marja Acres LLC, a Delaware limited liability company ::M~ag~ ~ .k_\LI,. ~C)~ I~ ~ By: Pool Invest NUWl Carlsbad LLC, a Delaware limited liability company, Its Member By: IHP Pooling Manager LLC, a Delaware limited liability company, Its Manager By: ll-IP Capital Partners, a California corporation, Its Manager By: CITYrARLSBAD By: ljtt Si~atur Title: C rrt (""~"t: P' Dated: 3H1N'Z.\ By: /4 J:~ B~Villines Chief Financial Officer (Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign.for corporations. Otherwise, the corporation mu t attach a resolution cer1ified by the secretary or assistant secretary under corporate seal empowering the office(s) signing to bind the corporation.) ( 0007243 0.2 -770.308 } 8 CA 5/12/20 l l (rf si,;ned by an individual partner, the partnership must attach a statement of partnership authorizing the partner to execute this instrument.) (Proper notarial acknowledgment of execution by Developer must be attached.) APPROVED AS TO FORM Celia A. Brewer, City Attorney By: tf'L,{.,,,4rutt:% L/~--Dated: __ /_b _t.J_7-"-c:2~( __ _ R..Qll Kee1p! 4 ssistant City Attorney {00072430.2 -770.308 } 9 CA 5/12/2011 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certiflcate 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 O ~t.. On C clo\Xv ~;)., o-OcJi before me, vY1 f'lot\ RA\ic., • Her Insert ame and Title of the Officer personally appeared c. ~\~\'t\l, ?~ a \.t:OY)\.\ ~-V,\\\(UJ Date Name(s) of Signer(s) l 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. •••••••• f ROSELYN NGUYEN Notary Public -California Orange County } Commission II 2262728 ~ My Comm. Expires Oct 14, 2022 Place Notary Seal and/or Stamp Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. re of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reqttachment of this form to an unintended document. Description of Attached Do~~~ 1 L... .... i"\.. ·-. L ~ ~ Title or Type of Document: ~le~\~ Ql0. ~~9 VS r:;J~ Document Date: 0 (k. 2 2,, a-D;rJ Number of Pages: q Signer(s) Other Than Named Above: _______________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ___________ _ Signer's Name: ___________ _ □ Corporate Officer -Title(s): ______ _ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Trustee o Guardian or Conservator □ Other: _____________ _ □ Other: Signer is Representing: ________ _ Signer is Representing: ________ _ ·~18@1@00 ©2019 National Notary Association CALIFORNIA 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 -=-l{;-"'-=5~.4.=-'--NG=--G=LE==---=s;___ __ _ On ()e,h/,g :J..&, t U) ,., before me, Lan Hae; ch~n , N"14.t1t J}ubl,'c,,., Date , Here Insert Name and Title of the dtficer personally appeared __ __._A--'-"'-J=11.....,_m._,_____..B.,,_.__n.,...,u......,Jt1J.11!L.<.L.J'---<-.f----------------- N.f!J!far1J of Signer(¥ who proved to me on the basis of satisfactory evidence to be the person(~ whose name(~ is/~ subscribed to the within instrument and acknowledged to me that he/~ executed the same in his/.bsr/ti=lei-F authorized capacity(~. and that by his/~ signature~ on the instrument the person~. or the entity upon behalf of which the person~ acted, executed the instrument. ,············1 LAN HUEI CHEN ' Notary PubUc • C.lifornia z j ~ L~ AA!t'les County ! ~ Commission II 2266969 .;,,.,. • My Comm. Expires De<: 11, 2022 Place Notary Seal and/or Stamp Above I certify under PENAL TY 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 _ ___.~.,C......,"-'--...... ~-'----&.e;.....c...::::;....._-=-- Signature of Notary Public 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: __________________ ----..,,c.._ _______ _ Document Date: ____________________ ..,,,,.,, Signer(s) Other Than Named Above: ------------::,..-,,::::...-------------- Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: □ Corporate Officer -Title(s): --~"""----□ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ Gener □ Partner -□ Limited □ General □ Individual □ rney in Fact □ Individual □ Attorney in Fact □ Trustee Guardian or Conservator □ Trustee o Guardian or Conservator □ Other: □ Other: Signer is R Signer is Representing: _________ _ (02019 National Notary Association EXHIBIT "A '" LEGAL DESCRIPTION OF LAND THE LAND REFERRED TO HEREIN BELOW IS SITU A TED IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STA TE OF CAUFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: PARCEL "B" OF CERTIFICATE OF COMPLIANCE FOR ADJUSTMENT PLAT PILED IN 1HE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 30, 2013 AS DOCUMENT NO. 2013-0338927 OFFICIAL RECORDS. DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF PARCEL 2 OF CERTIFICATE OF COMPLIANCE FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 22, 1982 AS FILE NO. 82-293200 OFFICIAL RECORDS, SAID POINT ALSO BEING THE NORTHEAST CORNER OF SAID PARCEL "B"; THENCE SOUTH 01°58'54" WEST 315.79 FEET; THENCE SOUTH 64°58'15" WEST 1291.66 FEET; THENCE NORTH 76° 18'48" WEST 361.82 FEET; THENCE NORTH 18°32'12" EAST 525.56 FEET; THENCE NORTH 83°17'35" EAST 654.12 FEET; THENCE NORTH 87°30'41" EAST 333.00 FEET; THENCE NORTH 77°50'00" EAST 275.01 FEET; THENCE NORTH 01°58'54" EAST 124.51 FEET; THENCE NORTH 87°27'37" EAST 110.00 FEET TO THE N0RTHEAST CORNER OF SAID PARCEL "B". APN: 207-101-35-00 PARCEL 2: PARCEL "A" OF CERTIFICATE OF COMPLIANCE FOR ADJUSTMENT PLAT FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 30, 2013 AS DOCUMENT NO. 2013-0338927 OFFICIAL RECORDS; PARCEL "A" CONSISTS OF PARCEL 1 OF PARCEL MAP NO. 3451 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 31, 1975 AS FILE NO. 75-023997 OFFICIAL RECORDS AND A PORTION OF PARCEL 2 OF CERTIFICATE OF COMPLIANCE FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 22, 1982 AS FILE NO. 82-293200 OFFICIAL RECORDS, TOGETHER WITH THAT PORTION OF LOTS I AND E OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO_MAP NO. 823. FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY NOVEMBER 16, 1986,L YING WITHIN EL CAMINO REAL (COUNTY ROAD SURVEY NO. 682) AS VACATED AND ABANDONED BY RESOLUTION RECORDED DECEMBER 21, 1976 AS FILE NO. 76-428052 OFFICIAL RECORDS: PARCEL "A" IS DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL 1; THENCE ALONG THE NORTHERLY PROLONGATION OF THE WESTERLY LINE OF SAID PARCEL 1, NORTH I 8°32'12" EAST, 11.32 FEET TO APOINTONTHEARCOF A NON-TANGENT 1673.00FOOTRADIUSCURVECONCAVENORTHERLY,A RADIAL LINE TO SAID POINT BEARS SOUTH 26°43'20" WEST, SAID CURVE BEING SOUTHERLY AND CONCENTRIC WITH THE CENTERLINE OF ROAD SURVEY 1800-1, ON FILE IN THE OFFICE OF COUNTY SURVEYOR OF SAN DIEGO COUNTY; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 22°59'39" AN ARC DISTANCE OF 671.41 FEET TO A POINT ON THE NORTHERLY LINE OF SAID PARCEL 1, A RADIAL LINE TO SAID POINT BEARS NORTH 3°43 '41" EAST; THENCE NON-TANGENT TO SAID CURVE AND CONTINUING ALONG THE NORTHERLY LINE OF SAID PARCEL I NORTH 87°27'37" EAST, 205.36 FEET TO THE NORTHEAST CORNER OF SAID PARCEL 1, SAID POINT ALSO BEING THE NORTHWEST CORNER OF SAID PARCEL 2; THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL 2 NORTH 87°27'37" EAST, 263.56 FEET; THENCE LEAVING SAID 07390t\l 1788968v2 EXHIBIT A -Page 1 I I I ! I NORTHERLY LINE SOUTH 01 °58'54" WEST, 124.51 FEET; TIIENCE SOUTH 77°50'00" WEST, 257.37 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL I ; THENCE SOUTH 77°50'00" WEST, 17.64 FEET; THENCE SOUTH 87°27'37" WEST, 333.00 FEET; THENCE SOUTH 83°17'35" WEST, 654.12 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL 1, SAID POINT ALSO BEING THE NORTHWEST CORNER OF SAID PARCEL 2; THENCE NORTH 18°32'12" EAST, 440.00 FEET TO THE POINT OF BEGINNING. APN: 207-101-37-00 PARCEL 3: LOT 13 OF CARLSBAD TRACT 71-5, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO_MAP NO. 7292. FILED IN THE OFFICE OF THE COUNTY REC-ORDER OF SAN DIEGO COUNTY, MAY 31, 1972. APN: 207-290-10-00 0739041 I I 788968v2 EXHIBIT A -Page 2