HomeMy WebLinkAboutCT 2018-0002; SHAC SC LAUREL TREE LLC; 2022-0112337; Affordable Housing Agreement/ReleaseRECORDING REQUESTED BY:
City of Carlsbad
AND WHEN RECORDED MAIL TO:
City of Carlsbad
City Clerk's Office
Attn: City Clerk
1200 Carlsbad Village Drive
Carlsbad, California 92008
DOC# 2022-0112337
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Mar 14, 2022 12:06 PM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $64.00 (SB2 Atkins $0.00)
PCOR: N/A
PAGES: 13
THIS SPACE FOR RECORDER'S USE ONLY
AFFORDABLE HOUSING AGREEMENT
IMPOSING RESTRICTIONS ON REAL PROPERTY
(DEV2017-0033)
This AFFORDABLE HOUSING AGREEMENT IMPOSING RESTRICTIONS ON
REAL PROPERTY (this "Agreement"), entered into on the±day of OeiohLJ-, 2021, by
and between the CITY OF CARLSBAD, a municipal corporation (hereinafter referred to as,
"City"), and SHAC SC LAUREL TREE LLC, a California limited liability company (hereinafter
referred to as, "Developer"), and made with reference to the following:
RECITALS
A. Developer is the owner of certain real property, known as Aviara Farms, in the
City of Carlsbad, in the County of San Diego, California (the "Property") described in Exhibit
A, which is attached hereto and incorporated herein by this reference. The Property, which is
bisected by Aviara Parkway, is divided into a 2.31 acre "East Parcel" and a 7.19 acre "West
Parcel."
B. Developer intends to develop two (2) separate multi-family apartment
communities (the "Development") on the Property totaling three hundred twenty-nine (329)
dwelling units, including eighty-two (82) Affordable Units (as defined below). The East Parcel
shall include seventy (70) Lower Income Affordable Units, as defined herein, and the West
Parcel shall include two hundred forty-seven (247) market rate dwelling units (the "Market
Units") and twelve (12) Moderate Income Affordable Units, as defined herein, in exchange for
increased density, additional units from the City's excess dwelling unit bank, and related
standards modifications pursuant to Carlsbad Municipal Code ("CMC") Chapter 21.53, and to
satisfy the inclusionary housing requirements set forth within CMC 21.85. On December 16,
2020, in connection with the Development, City certified a final environmental impact report and
adopted Candidate Findings of Fact and a Mitigation Monitoring and Reporting Program
(Planning Commission Resolution No. 7398, EIR 2018-0001), and issued approvals for a
tentative tract map (CT 2018-0002), site development plan (SDP 2018-0002), coastal
development permit (CDP 2018-0005), hillside development permit (HDP 2018-0001), and
habitat management plan permit (HMP 2018-000 I), which said approvals specify therein the
granting of increased density, additional units from the City's excess dwelling unit bank, and
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related standards modifications, subject to certain conditions of approval (Planning Commission
Resolution No. 7399 "Conditions of Approval"). Said Conditions of Approval specifically
include conditions requiring a portion of the units on the West Parcel to be affordable to
moderate income households and all of the units on the East Parcel to be affordable to extremely
low and low income households (except for the manager's unit, which shall be unrestricted).
Developer intends to comply with the Conditions of Approval for the Development by
constructing twelve (12) Moderate Income Affordable Units on the West Parcel, and by
constructing or causing to be constructed a total of seventy (70) Affordable Units, including
seven (7) Extremely Low Income Affordable Units, sixty-two (62) Low Income Affordable
Units, and one (I) unrestricted manager's unit.
C. Developer is required by the Conditions of Approval to enter into this Agreement
as required and with the content specified by City's lnclusionary Housing Ordinance, set forth
within CMC Chapter 21.85. This Agreement will be executed and recorded prior to the approval
of any final map for the Property or the first building permit, whichever may occur first.
D. City hereby approves this Agreement pursuant to the terms set forth herein and
agreed to by both Developer and City.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties that:
I. Satisfaction of Affordable Housing and Negotiated Density Increase Obligation
and Conditions of Approval. In order to satisfy the Conditions of Approval of tentative tract
map CT 2018-0002 and site development plan SOP 2018-0002, and in exchange for an approved
density increase, additional units from the city's excess dwelling unit bank and related standards
modifications for said Development per said permits and CMC 21.53, a total of eighty-two (82)
units of the Development, seven (7) Extremely Low Income Affordable Units and sixty-two (62)
Low Income Affordable Units as well as one (I) unrestricted manager's unit on the East Parcel,
and twelve (12) Moderate Income Affordable Units on the West Parcel, as further defined herein,
shall be constructed for the purpose of providing housing to be affordable to lower and
moderate-income households according to the schedule and terms contained herein (the
"Affordable Units"). A total of two hundred forty-seven (247) Market Units and at least eighty-
one (81) Extremely Low, Low and Moderate Income Affordable Units may be constructed with
approval of this Agreement.
2. Terms Governing Provision of Affordable Housing and Density Increase.
Provision of the Affordable Units shall be governed by the following terms:
2.1 Size and Bedroom Count. Eighty-one (81) Extremely Low, Low and
Moderate Income Affordable Units in the Development shall be built in the aggregate as follows:
Unit Size Number of Units bv Income Level(% AMI) Total
Number of Approx. Extremely Low Low Moderate
bedrooms square feet 30% 60% 90%
EAST PARCEL
Studio 445-450 s.f. 0 0 0
One bedroom 606-625 s.f. 3 29 32
Two bedroom 702-860 s.f. 2 17 19
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Unit Size Number of Units bv Income Level(% AMil Total
Number of Approx. Extremely Low Low Moderate
bedrooms square feet 30% 60% 90%
Three 986 s.f. 2 16 18
bedroom*
WEST PARCEL
One bedroom 711-785 s.f. 12 12
TOTALS 7 62 12 81
*Plus I unrestricted manager's unit
2.2 Affordability Requirements.
2.2.1 East Parcel. A total of seven (7) Extremely Low Income
Affordable Units on the East Parcel shall be restricted to occupancy by households with
extremely low incomes not exceeding thirty percent (30%) of the area median income ("AMI")
for San Diego County, adjusted for actual household size. Monthly Rent of the Extremely Low
Income Affordable Units shall not exceed the product of one-twelfth (1/12) times thirty percent
(30%) times thirty percent (30%) of the household AMI for San Diego County adjusted for
assumed household size appropriate for the unit pursuant to the East Parcel Regulatory
Agreement (as defined below and to be approved separately from this Agreement). A total of
sixty-two (62) Low Income Affordable Units on the East Parcel shall be restricted to occupancy
by households with low incomes not exceeding sixty percent ( 60%) of the AMI for San Diego
County, adjusted for actual household size. Monthly rent of the Low Income Affordable Units
shall not exceed the product of one-twelfth (1/12) times thirty percent (30%) times sixty percent
(60%) of the household AMI for San Diego County adjusted for assumed household size
appropriate for the unit pursuant to the Ea;;t Parcel Regulatory Agreement.
2.2.2 West Parcel. The twelve (12) Moderate Income Affordable Units
on the West Parcel shall be restricted to occupancy by households with incomes not exceeding
ninety percent (90%) of the AMI for San Diego County, adjusted for actual household size.
Monthly Rent of the Moderate Income Affordable Units shall not exceed the product of one-
twelfth (1/12) times thirty percent (30%) times ninety percent (90%) of the household AMI for
San Diego County, adjusted for assumed household size appropriate for the unit pursuant to the
West Parcel Regulatory Agreement (as defined below).
2.2.3 In General. For purposes of this Agreement, "Rent" shall include
a utility allowance as established and adopted by City of Carlsbad Housing Authority, as well as
all required 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 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 party utilities or other providers). AMI
figures shall be those published annually by the California Department of Housing and
Community Development for San Diego County. For purposes of this Agreement, "assumed
household size appropriate to the unit" shall mean a household of one person in a studio unit, two
persons in a one-bedroom unit, three persons in a two-bedroom unit, and four persons in a three-
bedroom unit, unless the requirements of another funding source require an alternate method of
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calculating assumed household size. With respect to each Affordable Unit, the affordability
requirements of this Section 2.2 shall continue for fifty-five (55) years from the date of issuance
of a Certificate of Occupancy by City for such unit or another comparable unit based upon
substitution provisions pursuant to the Regulatory Agreements ( as defined below).
2.3 Schedule for Developing Affordable Units. Developer shall provide the
Extremely Low, Low and Moderate Income Affordable Units concurrently with the Market
Units of the Development, as further outlined in Section 5 below.
3. City Approval of Documents. The following documents, to be approved in
writing by City, which approval shall not be unreasonably withheld, conditioned or delayed shall
be used in connection with the rental of Affordable Units. Nothing in the requirements of this
Section 3 shall apply to the Market Units.
3. I A marketing plan for the East Parcel 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 marketing plan for the West Parcel consistent with the terms of this
Agreement, establishing the process for seeking, selecting and determining the eligibility of
tenants of the Affordable Units.
3 .3 A form of Rental Agreement for the East Parcel.
3 .4 A form of Rental Agreement for the West Parcel.
3.5 A Property Management Plan for the East Parcel.
3.6 A Property Management Plan for the West Parcel.
3.7 A form of regulatory agreement between Developer (or its successor-in-
interest) and City for the East Parcel (the "East Parcel Regulatory Agreement"), in form and
substance reasonably acceptable to Developer (or its successor-in-interest) and City.
3.8 A form of regulatory agreement between Developer (or its successor-in-
interest) and City for the West Parcel (the "West Parcel Regulatory Agreement"), in form and
substance reasonably acceptable to Developer ( or its successor-in-interest) and City (the East
Parcel Regulatory Agreement and the West Parcel Regulatory Agreement, collectively referred
to herein as, the "Regulatory Agreements").
4. Compliance Report. Following completion of construction of the Affordable
Units located on the West Parcel or the East Parcel, a Compliance Report meeting the
requirements of (a) CMC Section 21.85.140, and (b) CMC Chapter 21.53, verifying compliance
by Developer as to the Affordable Units on the West Parcel or the East Parcel with the terms of
this Agreement and certified as correct by a third party, shall be submitted annually to the City's
Housing Services Manager, commencing on the first Report Date that is twelve (I 2) months
from the completion of construction of the Affordable Units on the West Parcel or East Parcel, as
applicable. 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 City's Housing Services Manager, with respect to the Affordable
Units covered by such reports, provided that copies of those reports are provided on an annual
basis to the City's Housing Services Manager with a third party certification addressed to City.
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5. West Parcel Condition Precedent. The Construction Commencement Date (as
defined below) for the dwelling units on the East Parcel shall occur prior to the issuance of any
building permits for construction on the West Parcel. As used in this Section 5, the
"Construction Commencement Date" shall mean the date upon which Developer (or its
successor-in-interest for the East Parcel) has done all of the following: (i) for the East Parcel,
provides evidence satisfactory to the City that Developer has secured sufficient funding to
construct the Affordable Units on the East Parcel from either (a) an allocation of tax credits and
tax-exempt bonds or (b) private financing, suitable to Developer in its sole and absolute
discretion; (ii) obtained a building permit for the construction of the project on the East Parcel in
accordance with 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; and (iii) provided a completion guarantee to the City ( on
substantially the same form that such developer routinely provides to its lenders) from a
reputable, creditworthy entity, guaranteeing completion of the project on the East Parcel.
6. Intentionally Deleted.
7. Release of Subject Property from Agreement. Subject to the prov1s10ns of
Section 18, the covenants and conditions herein contained shall apply to and bind Developer and
its heirs, executors, administrators, successors, transferees, and assignees having or acquiring any
right, title or interest in or to any part of Property and shall run with and burden the Property
until terminated in accordance with this Agreement. Developer shall expressly make the
conditions and covenants contained in this Agreement a part of any deed or other instrument
conveying any interest in such property. The burdens of this Agreement, except for such
burdens as may be released as set forth above, shall remain in full force and effect and recorded
against the Development for the fifty-five (55)-year duration of this Agreement.
8. Default. Failure of Developer to cure any default in Developer's obligations
under the terms of this Agreement within ninety (90) days after the delivery of a notice of default
from City ( or where the default is of the nature which cannot be cured within such ninety (90)-
day period, the failure of Developer to commence to cure such default within the ninety (90)-day
period or 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-hundred 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. After expiration of such notice and cure period, City
may exercise any and all remedies available to it with respect to 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 Units within the Development until such
cure is completed.
9. 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
City's obligations under this Agreement.
10. Hold Harmless. Except to the extent caused by City's gross negligence or willful
misconduct, Developer will indemnify and hold harmless 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 loss, 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, 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
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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.
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 addresses set forth below:
TO THE CITY OF CARLSBAD:
City of Carlsbad
Housing and Homeless Services Department
Housing Services
1200 Carlsbad Village Drive
Carlsbad, California 92008
Attn: Housing and Homeless Services Director
with a copy to:
City of Carlsbad
Office of the City Attorney
1200 Carlsbad Village Drive
Carlsbad, California 92008
Attn: City Attorney
TO THE DEVELOPER:
SHAC SC Laurel Tree LLC
2 Venture, Suite 360
Irvine, California 92618
Attn: Keven Doherty, Vice President Development
with a copy to:
SHAC SC Laurel Tree LLC
777 California A venue
Palo Alto, California 94304
Attn: General Counsel
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. Insurance Requirements. Developer shall obtain, at its own expense, commercial
general liability insurance for development of the 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 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 City's Housing and Homeless Services
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Director, Housing and Homeless Services Department, City of Carlsbad prior to the issuance of
any building permit for the Property.
13. Integrated Agreement. 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.
14. Duration of Agreement. This Agreement shall remain in effect for fifty-five
(55) years following the date Certificates of Occupancy have been issued by City for all
Affordable Units. This Agreement, and any section, subsection, or covenant contained herein,
may be amended only upon the written consent of Developer and the Director.
15. 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. The execution
and recordation of this Agreement shall be governed by the requirements set forth in CMC
2 l.85. l 40(A).
16. 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.
17. Intentionally Deleted.
18. Assignment. Developer's rights and obligations set forth in this Agreement shall
be transferable and assignable to any subsequent fee owner of all or any portion of the Property
only with the express written approval of the City (the City Manager shall have the authority to
approve any such assignment), which approval will not be unreasonably withheld, conditioned or
delayed. Such approval shall be granted by the City if the proposed assignee is a reputable
developer, owner or operator of apartment communities similar to the Development or portion
thereof; provided, however, in the event that Developer transfers or assigns its interest in all or
any portion of the Property to an entity which is affiliated with Developer or in connection with
or as a part of a reorganization, consolidation or merger of Developer, no consent from the City
shall be required for such transfer or assignment. Developer has provided to the City
background information and operating experience for Wermers GP MGR, LLC, a California
limited liability company and R & V Real Estate Services, a California corporation (collectively
"Wermers Properties") and Bridge Housing Corporation, and the City, having reviewed such
information, hereby agrees as of the date hereof that Wermers Properties (as to its proposed
acquisition of the entire Property from Developer) and Bridge Housing Corporation (as to its
proposed acquisition of the East Parcel from the Developer who owns the Property) are each a
reputable developer, owner or operator of apartment communities similar to the Development or
portion thereof for all purposes of this Section 18, provided, however, that the foregoing does not
itself accomplish the assignment of this Agreement to Wermers Properties or to Bridge Housing
Corporation and that separate assignments of this Agreement would need to be entered into in
order to effect such assignments of this Agreement. After the City approves such transfer or
assignment of Developer's fee interest in all or any portion of the Property, Developer shall (i)
notify City in writing of the transfer/assignment and (ii) deliver to City an assignment and
assumption agreement executed by Developer and its transferee/assignee pursuant to which
Developer's transferee/assignee assumes all of Developer's remaining executory obligations set
forth herein with respect to the Property or the portion thereof so transferred. After the date that
such transfer/assignment occurs and a copy of the fully executed assignment and assumption
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agreement has been delivered to City, the transferor/assignor shall be released from all liabilities
and obligations hereunder. As used in this Agreement, the term "Developer" shall be deemed to
include any such transferee/assignee after the date such transfer/assignment occurs.
19. Counterparts. This Agreement may be executed in two or more counterparts,
each of which when so executed and delivered shall be deemed an original and all of which,
when taken together, shall constitute one and the same instrument.
20. Non-Waiver. No delay or omission by either party in exercising any right or
power accruing upon the compliance or failure of performance by the other party under the
provisions of this Agreement shall impair any such right or power or be construed to be a waiver
thereof. A waiver by one party of a breach or failure of performance by the other party of any of
the covenants, conditions, or agreements hereof to be performed by such other party shall not be
construed as a waiver of any succeeding breach of the same or other covenants, agreements,
restrictions, or conditions herein.
21. Governing Law. This Agreement shall be governed by the laws of the State of
California. Any legal action brought under this Agreement must be instituted in the Superior
Court of the County of San Diego, State of California, or in the Federal District Court in the
Southern District of California in San Diego County.
[SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
as of the day and year first above written:
DEVELOPER:
SHAC SC LAUREL TREE LLC,
a California limited liability company
By: Sum · "ties,
a ging
By:
Name:
Title: _ __.-=:==..:--------
By: --------"c~~__,c__ ___ _
Name: ----.1,J1a,10-n--tB1tlg"'g .. 9,-------
Title: -----..:iSeec'"r"'e"'tau•~Y'-------
Dated: _ ____,_I o_,_/-'-1=-"ii,,_/ ~=---.,....1 ___ _
(Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant
treasurer must sign for corporations. Otherwise, the corporation must attach a resolution
certified by the secretary or assistant secretary under corporate seal empowering the ojfice(s)
signing to bind the corporation.)
(If signed 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: (<e~
Name: (,.1,4 B :23 rekf/<.cr
Title: D-1-y ~
Dated: / o 12-? 1-].nJ~( ,,
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-9-
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
validitv of that document.
State of California
County of San Diego
before me Morgen Fry, Notary Public •---,-,---------,---------(insert name and title of the officer)
personally appeared &.,o,\'::\-~ IJ,.I\ c.k
who proved to me on the basis of satisfactory evidence to be the person(s) whose name~) isJal:&..
subscribed to the within instrument and acknowledged to me that he/sl ,e/tl ,ey executed th,e same in
hisll:l11rltl=i11ir authorized capacity(ies), and that by hislheF/U'leiF signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
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~~
~········-···~ MORGEN Flfll _ e. Not•ry Pu_bl.le: -C•ltfornta • ::: • ~ S•"' 019ie County >
z . ~ Commmion # 2268605 -
" ' My tomm, Exp1r~s DK 24, 2022
(Seal)
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
Countyof~ ~
)
)
-----~------, before me, ~ tJ~ .g1'1,o,.J-€'-S
(ins i: rt n;n;~n.o.tarY.) ~
Notary Public, personally appeared Pol>G,I..,'«. k~ <fc ,J ~156'
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 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.
"'"'""'~
f : ~¼ C C C ,:R17r1: S:10:rs° C f
; ~ Notary Public • Callfornl1
• . • Santa Claro County f
.. Commission I 2306618 -
m. Expires Sop 24. 2023
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EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
PARCEL 1: (ASSESSOR'S PARCEL NO: 212-040-56-00)
THAT CERTAIN PORTION OF LOT "G" OF RANCHO AGUA HEDIONDA, IN THE CITY
OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST EASTERLY CORNER COMMON TO PARCELS "B" AND "C"
OF PARCEL MAP NO. 2993, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY; THENCE EASTERLY ALONG THE SOUTHERLY LINE OF SAID
PARCEL "C", NORTH 73°25'32" EAST, 218.15 FEET TO THE BEGINNING OF A TANGENT
CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 800.00 FEET; THENCE
LEAVING SAID SOUTHERLY LINE, EASTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 22°52'27" AN ARC LENGTH OF 319.58 FEET; THENCE TANGENT
TO SAID CURVE SOUTH 83°4201" EAST, 254.06 FEET; THENCE SOUTH 81°37'46" EAST,
525.00 FEET TO A POINT IN THE SOUTHWESTERLY EXTENSION OF THE
SOUTHEASTERLY LINE OF PARCEL "D", OF SAID PARCEL MAP NO. 2993; THENCE
SOUTHWESTERLY ALONG SAID EXTENSION SOUTH 13°36'43" WEST, 114.38 FEET;
THENCE SOUTH 71 °35'51" WEST, 1165.74 FEET TO THE SOUTHEAST CORNER OF SAID
PARCEL "B"; THENCE NORTHWESTERLY ALONG THE NORTHEAST LINE OF SAID
PARCEL "B" NORTH 18°24'09" WEST, 519.41 FEET TO THE POINT OF BEGINNING.
PURSUANT TO CERTIFICATE OF COMPLIANCE RECORDED SEPTEMBER 27, 1985 AS
INSTRUMENT NO. 1985-359769 OF OFFICIAL RECORDS.
PARCEL 2:
AN EASEMENT AND RIGHT OF WAY FOR ROAD AND PUBLIC UTILITY PURPOSES
OVER ALL THAT PORTION OF PARCEL D OF PARCEL MAP 2993 AND A PORTION OF
LOT "G" OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHEASTERLY CORNER OF SAID PARCEL "D";
THENCE SOUTH 13°36'43" WEST ALONG THE EASTERLY LINE THEREOF, 13.01 FEET
TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 13°36'43" WEST
ALONG SAID EASTERLY BOUNDARY AND THE SOUTHERLY PROLONGATION
THEREOF, 531.99 FEET; THENCE NORTH 81 °37'46" WEST 30.13 FEET; THENCE NORTH
13°36'43" EAST, 533.43 FEET TO A POINT ON THE NORTHERLY LINE OF SAID PARCEL
MAP; THENCE ALONG SAID NORTHERLY LINE, SOUTH 78°54'09" EAST 30.03 FEET TO
THE TRUE POINT OF BEGINNING.
ADDRESS: 1205 Aviara Parkway, Carlsbad, California 92011
ASSESSOR PARCEL NO.: 212-040-56-00