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HomeMy WebLinkAboutCUP 2023-0001; LC Investment 2010 Inc; 2023-0228110; Permanent Stormwater AgreementRECORDING REQUESTED .BY : DOC# 2023-0228110 11111111111111111111111111111111111111111111111 IIIII IIIII IIIII IIII IIII City of Carlsbad Development Services Department Aug 22, 2023 10: 11 AM OFFICIAL RECORDS JORDAN Z. MARKS, WHEN RECORDED MAIL TO: City Clerk · City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 SAN DIEGO COUNTY RECORDER .FEES: $0.00 (SB2 'Atkins: $0.00) PAGES: 12 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO. PROJECT ID. 213-111-1500, 213-111-2000, 213-112-3100, 213-112-3200, 216-590-0100, 216-590-0200, 216-590-0300, 216-590-1600; 216-592-0100, 216-592-0400, 216-593-0500 CUP 2023-0001 PERMANENT STORMWATER QUALITY BEST MANAGEMENT PRACTICE MAINTENANCE AGREEMENT DATE OF AGREEMENT: August 17, 2023 -~--~------------------- 0 W NE R NAME: LC Investment 2010, Inc., LLC, a Delaware limited liability company PROJECT NAME: Omni La Costa Driving Range Expansion RESOLUTION NUMBER: _A_d_m_i_n_L_e_tte_r __ A_P-P~r_o_va_l_D_a_t_e:_0_5_/1_2_/2_0_2_3 ______ _ CONDITION NUMBER: 23 ------------------------ DRAWING NUMBER: DWG 539-4C ------------------------ This Agreement is made and entered into by and between the City of Carlsbad, California, a Municipal Corporation of the State of California, hereinafter referred to as "City"; and the Property Owner, its successors, and assigns, hereinafter referred to as "Owner''. The term "successors and assigns" as used in this Agreement includes, but is not limited to, an "Association" as defined in Civil Code Section 1351{a) and commonly referred to as a property owners association. RECITALS WHEREAS Owner is proceeding to develop a property more particularly described in Exhibit A, hereinafter referred to as "the Property "; and WHEREAS, development of the Property has been approved by the City, and is subject to the requirements of the State of California Regional Water Quality Control Board-San Diego Region Q:ICED\Admin\B&AIPROJECTS\CUP 202:,.0001; GR2023-0018 (539-4C) -Omni La Costa DriVing Range Expansion_T.CIPERMANENT STORMWATER QUALITY BMP MAINTENANCE AGREEMENT.doc Order No. ORDER NO. R9-2007-01/NPDES NO. CAS0108758, as promulgated within the City of Carlsbad Public Works Department, Stormwater Standards Manual, 2004 Edition, hereinafter referred to as "stormwater regulations" and incorporated herein by this reference: and WHEREAS the Owner is required to comply with all Federal, State, and Local stormwater regulations by employing permanent post-construction Best Management Practices (BMP's), hereinafter referred to as "permanent BMP(s)"to ensure impacts to stormwater quality are mitigated to the Maximum Extent Practicable (MEP) prior to being discharged from the Property; and WHEREAS, the City and the Owner, its successors, and assigns agree that the health safety, and welfare of the residents of Carlsbad, California, require that permanent BMP(s) be established, constructed, inspected, and operated and maintained in perpetuity on the Property; and WHEREAS the stormwater regulations require that permanent BMP(s) be established, constructed, and adequately inspected, operated, and maintained by the Owner, its successors, I and assigns, including any homeowner or property owner association; and WHEREAS, the Owner has caused to be prepared a Stormwater Management Plan (SWMP) report and drawing(s) which together detail the objectives, design, construction, inspection and operation, and maintenance responsibility requirements of the permanent BMP(s) recommended to mitigate impacts to stormwater quality due to the development of the Property, hereinafter collectively referred to as the "Stormwater BMP Plan" and incorporated herein by this reference; and, WHEREAS, stormwater regulations require that the City ensure the continued existence and inspection, operation, and maintenance of the permanent BMP(s); and WHEREAS, the City has required the recordation of this Agreement as a condition of approval of the project that secures the construction, inspection, operation, and maintenance of on- site permanent BMP(s) by the Owner, its successors, and assigns, including any property owner's association, in perpetuity, and NOW, THEREFORE, in consideration of the approval of this project, the foregoing Q:\CED\Admin\B&A\PROJECTS\CUP 2023-0001; GR2023-0018 {539-4C)-Omni La Costa Driving Range Expanslon_T.C\PERMANENT STORMWATER QUALITY BMP MAINTENANCE AGREEMENT.doc 2 promises, the mutual covenants contained herein, and the following terms and conditions, Owner and City agree as follows: 1. Owner shall comply with all the requirements of said stormwater regulations and any applicable amendments thereto, and with any other provisions of law. 2. The permanent BMP(s) shall be established and constructed by Owner, its successors, and assigns, in accordance with the plans and specifications identified in the Stormwater BMP Plan and modification to the approved permanent BMP(s) shall not be made without prior approval of the City Engineer. 3. Owner, its successors, and assigns, including any homeowner or property owner association, shall adequately, inspect, operate and maintain the permanent BMP(s). This includes private (non-public) pipes and channels built to convey stormwater to the facility, as well as all private structures, improvements, and vegetation provided to control the quantity and quality of the stormwater runoff and any associated practices and programs. Adequate maintenance is herein defined as good working condition so that the permanent BMP(s) are performing in accordance with their design objectives and functions. 4. Owner, its successors, and assigns, shall inspect applicable permanent BMP(s) as often as conditions require, or at frequencies recommended in the approved Stormwater BMP Plan, but in any event at least once each year prior to the rainy season. The purpose of the inspection is to assure continued safe and proper functioning of the facilities. The inspection shall cover the entire facilities, berms, outlet structure, pond areas, access roads, etc. Owner shall submit an inspection report annually to the City in a form as prescribed in the Stormwater BMP Plan or as may be prescribed by the City. Deficiencies shall be noted in the inspection report. Any deficiencies, repairs or maintenance obligations shall be noted in a record form and immediately remedied by the Owner. 5. Owner shall maintain inspection, operation, and maintenance records for at least five (5) years. These records shall be made available to the City for inspection upon request at any time. Q:ICED\Admin\B&A\PROJECTSICUP 2023-0001; GR2023-0018 (539-4C)-Omni La Costa Driving Range Expansion_T.C\PERMANENT STORMWATER QUALITY BMP MAINTENANCE AGREEMENT.doc 3 6. Owner, its successors, and assigns, hereby grant permission to the City, its authorized agents, and employees, to enter upon the Property and to inspect the permanent BMP(s) whenever the City deems necessary. The purpose of the inspection is to follow up on reported deficiencies to respond to State and Federal mandated stormwater facility inspection requirements and/or to respond to citizen complaints. The City shall provide the Owner, its successors, and assigns, copies of the inspection findings and a directive to commence with the repairs or corrective measures if necessary. 7. In the event the Owner, its successors, and assigns, fails to take corrective action to maintain the permanent BMP(s) in a good working condition acceptable to the City, the City may enter upon the Property and take whatever steps necessary to correct deficiencies ide~tified in the inspection report and to charge the costs of such repairs to the Owner, its successors, and assigns. This provision shall not be construed to allow the City to erect any structure of permanent nature on the land of the Owner outside of the easement for the permanent BMP(s), if an easement is provided or outside the limits of the permanent BMP(s) facility footprint described on the Stormwater BMP Plan if an easement is not provided. It is expressly understood and agreed that the City is under no obligation to routinely maintain, or repair said facilities, and in no event shall this Agreement be construed to impose any such obligation on the City. 8. Owner, its successors, and assigns, will perform the work necessary to keep the permanent BMP(s) in good working order as appropriate. In the event a maintenance schedule for the permanent BMP(s) is outlined in the approved Stormwater BMP Plan, the schedule shall be followed. 9. In the event the City pursuant to this Agreement, performs work of any nature or expends any funds in performance of said work for labor, use of equipment, supplies, materials, and the like, the Owner, its successors, and assigns, shall reimburse the City upon demand, within thirty (30) days of receipt thereof for all actual costs incurred by the City hereunder. If not paid within the prescribed time period, the City shall secure a lien against the Property in the amount of such costs. The actions described in this section are in addition to and not in lieu of any and all Q:ICED\Admin\B&A\PROJECTS\CUP 2023-0001; GR2023-0018 (539-4C)-Omni La Costa Driving Range Expansion_T.CIPERMANENT STORMWATER QUALITY BMP MAINTENANCE AGREEMENT.doc 4 legal remedies available to the City as a result of the Owner's failure to maintain the permanent BMP(s). 10. Owner agrees that the permanent BMP(s) are privately owned, operated, and maintained by the Owner, and acceptance of the work by the City shall not constitute a responsibility of the City to maintain them nor a Waiver of Defects by the City. 11. Owner agrees that all residual material that is a byproduct of the proper operation and maintenance of permanent post-construction BMPs (waste) will be disposed of according to all federal, state, and local regulations. 12. Unless otherwise specifically provided herein, all notices, demands, or other communications given hereunder shall be in writing and shall be deemed to have been duly delivered upon personal delivery, or by Federal Express (or similar reputable express delivery service), or by facsimile transmission with a back-up copy mailed the same day, or as of the second business day after mailing by United States Certified Mail, return receipt requested, postage prepaid, addressed as shown below. Notices required to be given to the Owner shall be addressed as follows: Notices to the Owner shall be delivered to the following: Name: LC Investment 2010, Inc., LLC. Address: 4001 Maple Ave. Suite. 300 Address: Dallas, Tx 75219 Telephone No.: (214) 283-8500 E-mail Address: clint.gulick@omnihotels.com Notices to City shall be delivered to the following: City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Attention: City Engineer Telephone No.: (442) 339-2750 Each party shall notify the other immediately of any changes of ownership or address that would require any notice delivered hereunder to be directed to another Owner and/or to another address. In the event Owner fails to notify City of any change of ownership, the new Owner and the Owner whose name appears above, or whose name and address has been Q:\CED\Admin\B&A\PROJECTS\CUP 2023-0001; GR2023-0018 (539-4C)-Omni La Costa Driving Range Expansion_T.C\PERMANENT STORMWATER QUALITY BMP MAINTENANCE AGREEMENT.doc 5 subsequently provided to the City pursuant to this provision, shall jointly be responsible for the operation and maintenance of any permanent post-construction BMP's on the Property and for any required annual verification statements until such time as the City is provided notification of the name and address of the new or subsequent Owner, pursuant to the provisions of this section. 13. The City or any officer or employee thereof shall not be liable for any injury to persons or property occasioned by reason of the acts or omission of Owner, its agents, or employees in the performance of this Agreement. Owner further agrees to protect and hold harmless City, its officials, and employees from any and all claims, demands, causes or action, liability, or loss of any sort because or arising out of acts or omissions of Owner, its agents or employees in the performance of this Agreement, including claims, demands, causes of action, liability, or loss because of or arising out of the design or construction of the permanent post-construction BMP facilities. Said indemnification and Agreement to hold harmless shall extend to injuries to person and damages or taking of property resulting from the design or construction of said permanent BMP(s) as provided herein, and to adjacent property owner as a consequence of the diversion of waters from the design, construction or maintenance of drainage systems, streets, and other improvements. 14. This Agreement shall be recorded against the Property and shall constitute a covenant running with the land and shall be binding upon Owner. 15. Invalidation of any one of the provisions of this Agreement shall in no way effect any other provisions and all other provisions shall remain in full force and effect. Ill Ill Ill Ill Ill Ill Q:\CED\Admin\B&A\PROJECTS\CUP 2023-0001; GR2023-0018 (539-4C)-Omni La Costa Driving Range Expansion_T.C\PERMANENT STORMWATER QUALITY BMP MAINTENANCE AGREEMENT.doc 6 IN WITNESS WHEREOF, this Agreement is executed by the City of Carlsbad, acting by and through its City Manager, pursuant to Section 20.16.060 of the Carlsbad Municipal Code authorizing such execution, and by Owner. OWNER(S): LC Investment 2010, Inc., LLC, a Delaware limited liability company (Name of Owner) 14/'s --By: -----------------(sign here) Michael G. Smith (print name here) Executive VP Real Estate and Development and Treasurer LC Investment 2010, Inc., LLC (title and organization of signatory) CITY OF CARLSBAD, a municipal corporation of the State of California SONS. GELDERT, P.E. ngineering Manager (Proper notarial acknowledgment of execution by OWNER must be attached) (Chairman of the Board, President, or Vice-President and secretary, any assistant secretary, the Chief Financial Officer, or any assistant treasurer must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: CINDIE MCMAHON City Attorney By: }{)£J ~ R0NKEMP Senior Assistant City Attorney Q:ICED\Admin\B&AIPROJECTS\CUP 2023-0001; GR2023-0018 (539-4C)-Omni La Costa Driving Range Expansion_T.C\PERMANENT STORMWATER QUALITY BMP MAINTENANCE AGREEMENT.doc 7 EXHIBIT "A" LEGAL DESCRIPTION Chicago Title Company ORDER NO.: 00146092-993-SO2-CFU THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: PARCEL A OF PARCEL 1: PARCEL A OF LOT LINE ADJUSTMENT PLAT NO. 07-08, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, PER CERTIFICATE OF COMPLIANCE NO. CE 070024, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY MAY 9, 2008 AS INSTRUMENT NO. 2008-0252174 OFFICIAL RECORDS, BEING A PORTION OF LOT 1 OF CARLSBAD TRACT NO. 03-01, LA COSTA RESORT AND SPA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO. 14984, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 18, 2005.-- EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERLY LINE OF LOT 55 OF LA COSTA VALLEY UNIT NO. 1, IN THE CITY OF CARLSBAD, ACCORDING TO MAP NO. 5434, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY JULY 29, 1964, DISTANT THEREON NORTH 8° 52' 40" EAST (RECORD NORTH 8° 54' 07'' EAST PER SAID MAP NO. 5434) 39.33 FEET FROM THE SOUTHEASTERLY CORNER THEREOF; THENCE ALONG THE EASTERLY LINES OF SAID LOT 55 AND LOT 56 OF SAID MAP NO. 5434 SOUTH 8° 52' 40" WEST (RECORD SOUTH 8° 54' 07" WEST PER SAID MAP NO. 5434) 160.93 FEET TO THE NORTHEAST CORNER OF LOT 57 OF SAID MAP NO. 5434; THENCE ALONG THE EASTERLY LINE OF SAID LOT 57 SOUTH 20° 29' 23" WEST (RECORD SOUTH 20° 30' 50" WEST PER SAID MAP NO. 5434) 186.99 FEET; THENCE SOUTH 77° 29' 05" EAST 66.04 FEET (RECORD SOUTH 77° 23' 07" EAST 65.76 FEET PER SAID MAP NO. 5434); THENCE NORTH 70° 40' 31" EAST 7.11 FEET (RECORD NORTH 68° 55' 29" EAST 7.21 FEET PER SAID MAP NO. 5434); THENCE LEAVING SAID BOUNDARY NORTH 20° 02' 19" EAST 39.48 FEET; THENCE NORTH 24° 53' 35" EAST 137.79 FEET TO A POINT THAT BEARS SOUTH 72° 02' 15" EAST 81.21 FEET FROM SAID NORTHEAST CORNER OF LOT 57; THENCE NORTH 21° 13' 10" EAST 47.44 FEET; THENCE NORTH 8° 54' 07'' EAST 127.35 FEET; THENCE NORTH 81 ° 05' 01" WEST 90.38 FEET TO THE POINT OF BEGINNING. SAID LAND IS SHOWN AS PARCEL A OF LOT LINE ADJUSTMENT PLAT NO. 07-09, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, PER CERTIFICATE OF COMPLIANCE NO. CE 0700028, RECORDED MAY 9, 2008 AS INSTRUMENT NO. 2008-0252179 OFFICIAL RECORDS. APN: 216-593-05, APN: 216-592-01, 216-592-04 & APN: 216-590-16 PARCEL B OF PARCEL 1: INTENTIONALLY DELETED. PARCEL C OF PARCEL 1: LOTS 2, 3, 4 AND 28, OF TRACT 03-01-01, LA COSTA RESORT AND SPA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER AS MAP NO. 14984, ON MARCH 18, 2005; AND LOT 37 OF TRACT 03-01-02, LA COSTA RESORT AND SPA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER, AS MAP NO. 15108, ON SEPTEMBER 19, 2005. CL TA Preliminary Report Form -Modified (11/17/06) ------------------ APN: 216-590-01,02 AND 03 APN: 213-111-15, 213-111-20, APN: 213-112-31 & 213-112-32 PARCEL 2: INTENTIONALLY DELETED. PARCEL 3: EXHIBIT A (Continued) Chicago Title Company ORDER NO.: 00146092-993-SD2-CFU A NON-EXCLUSIVE EASEMENT FOR PASSAGE, DRAINAGE AND MAINTENANCE OVER, UNDER, THROUGH AND ACROSS THAT PORTION OF LOT 148 OF LA COSTA VALLEY UNIT NO. 4, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO. 5781, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AS RESERVED IN "PARTNERSHIP GRANT DEED" RECORDED JULY 1, 1986 AS INSTRUMENT NO. 1986-271802 OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 148; THENCE ALONG THE EASTERLY BOUNDARY LINE SOUTH 00° 45' 02" WEST 117.00 FEET; THENCE SOUTH 23° 31' 24" EAST 128.23 FEET TO THE SOUTHEAST CORNER OF SAID LOT; THENCE ALONG THE SOUTHERLY BOUNDARY LINE NORTH 61° 43' 48" WEST 179.00 FEET; THENCE NORTH 53° 33' 40" WEST 32.70 FEET; THENCE LEAVING SAID BOUNDARY LINE SOUTH 73° 38' 58" EAST 66.82 FEET; THENCE NORTH 82° 13' 17" EAST 14.61 FEET; THENCE NORTH 77° 45' 55" EAST 9.85 FEET; THENCE NORTH 42° 28' 37" EAST 9.77 FEET; THENCE NORTH 01° 10' 59" EAST 15.06 FEET; THENCE NORTH 18° 00' 34" WEST 97.43 FEET; THENCE DUE NORTH 28.84 FEET TO A POINT ON A NON-TANGENT 4910.00 FOOT RADIUS CURVE CONCAVE · SOUTHERLY, SAID POINT ALSO BEING ON THE NORTHERLY BOUNDARY LINE OF SAID LOT, A RADIAL LINE TO SAID POINT BEARS NORTH 01 ° 49' 36" EAST; THENCE ALONG SAID NORTHERLY BOUNDARY LINE AND EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 00° 12' 41" A DISTANCE OF 18.12 FEET TO A POINT OF COMPOUND CURVATURE OF A 949.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 02° 02' 17" EAST; THENCE CONTINUING ALONG SAID BOUNDARY LINE AND EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02° 05' 43" A DISTANCE OF 34.70 FEET TO THE POINT OF BEGINNING. PARCEL 4: A NON-EXCLUSIVE EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS AND PEDESTRIAN AND VEHICULAR ACCESS OVER AND THROUGH THAT PORTION OF LOT 9 IN SECTION 35, TOWNSHIP 15 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, PURSUANT TO "REVOCABLE LICENSE AGREEMENT' RECORDED NOVEMBER 14, 1986 AS INSTRUMENT NO. 1986-523844 OFFICIAL RECORDS, AS AMENDED BY "FIRST AMENDMENT TO REVOCABLE LICENSE AGREEMENT" RECORDED NOVEMBER 20, 1987 AS INSTRUMENT NO. 1987- 651067 OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN A DEED TO LEUCADIA COUNTY WATER DISTRICT, RECORDED AUGUST 11, 1961 AS INSTRUMENT NO. 1961-138155 OFFICIAL RECORDS; THENCE ALONG THE SOUTH BOUNDARY LINE AS DESCRIBED IN SAID DEED, NORTH 89° 25' 44" WEST (SOUTH 89° 50' WEST PER DEED) 75.08 FEET; THENCE LEAVING SAID SOUTH BOUNDARY LINE NORTH 55° 00' 00" EAST 92.30 FEET TO A POINT ON THE EAST BOUNDARY LINE AS DESCRIBED IN SAID DEED; THENCE ALONG SAID EAST BOUNDARY LINE SOUTH 00° 34' 16" WEST (SOUTH 00° 09' 10" EAST PER DEED) 53.69 FEET TO THE POINT OF BEGINNING. PARCEL 5: CLTA Preliminary Report Form -Modified (11/17/06) EXHIBIT A (Continued) Chicago Title Company ORDER NO.: 00146092-993-5D2-CFU A NON-EXCLUSIVE EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS AND PEDESTRIAN AND VEHICULAR ACCESS OVER AND THROUGH THAT PORTION OF PARCEL 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED MAY 4, 1987 AS INSTRUMENT NO. 1987-242042 OFFICIAL RECORDS, PURSUANT TO "GRANT OF EASEMENT" RECORDED NOVEMBER 20, 1987 AS INSTRUMENT NO. 1987-651062 OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE EASTERLY BOUNDARY LINE OF SAID PARCEL 1 WITH THE NORTHERLY RIGHT OF WAY LINE OF LA COSTA AVENUE; THENCE ALONG SAID EASTERLY BOUNDARY LINE NORTH 00° 34' 16" EAST 16.32 FEET TO THE NORTHERLY BOUNDARY LINE OF SAID PARCEL 1; THENCE ALONG SAID NORTHERLY BOUNDARY LINE NORTH 89° 53' 59" WEST 85.00 FEET; THENCE SOUTH 00° 06' 01" WEST 99.92 FEET TO A POINT ON SAID NORTHERLY RIGHT OF WAY LINE OF LA COSTA AVENUE, ALSO BEING A POINT ON THE ARC OF A NON-TANGENT 458.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL TO SAID POINT BEARS SOUTH 36° 59' 52" EAST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 14° 56' 44" A DISTANCE OF 119.47 FEET TO THE POINT OF BEGINNING. PARCEL 6: AN EASEMENT FOR A GOLF CART UNDERCROSSING STRUCTURE BEING IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING A PORTION OF THE NORTHEAST QUARTER AND THE SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, PURSUANT TO "UNDERGROUND ENCROACHMENT AGREEMENT" RECORDED NOVEMBER 6, 1987 AS INSTRUMENT NO. 1987-627015 OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: A STRIP OF LAND BEING 15.00 FEET WIDE, LYING 7.50 FEET ON EACH SIDE OF AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTER LINE: COMMENCING AT THE NORTHEAST CORNER OF LOT 148 OF LA COSTA VALLEY UNIT NO. 4, ACCORDING TO MAP NO. 5781 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SAID POINT BEING ON THE ARC OF A 949.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL TO SAID POINT BEARS NORTH 40° 08' 00" EAST, SAID POINT ALSO BEING ON THE SOUTHERLY RIGHT OF WAY LINE OF ALGA ROAD AS SHOWN ON SAID MAP; THENCE WESTERLY ALONG THE ARC OF SAID CURVE AND SAID RIGHT OF WAY LINE THROUGH A CENTRAL ANGLE OF 02° 05' 43" A DISTANCE OF 34.70 FEET TO A POINT OF COMPOUND CURVATURE OF A 4910.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 02° 02' 17" EAST; THENCE WESTERLY ALONG THE ARC OF SAID 4,910.00 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 00° 04' 33", A DISTANCE OF 6.50 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID SOUTHERLY RIGHT OF WAY LINE NORTH 02° 59' 38" WEST 102.85 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF SAID ALGA ROAD BEING A POINT ON THE ARC OF A 1,051.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 01° 11' 04" WEST, SAID POINT BEING THE POINT OF TERMINATION. THE EASTERLY SIDELINE OF SAID EASEMENT SHALL BE LENGTHENED OR SHORTENED TO BEGIN ON SAID 949.00 FOOT RADIUS CURVE AND SHALL TERMINATE ON SAID NORTHERLY RIGHT OF WAY LINE. THE WESTERLY SIDELINE SHALL BE LENGTHENED OR SHORTENED TO BEGIN ON SAID 4,910.00 FOOT RADIUS CURVE AND SHALL TERMINATE ON SAID NORTHERLY RIGHT OF WAY LINE. CL TA Preliminary Report Form -Modified ( 11 /17 /06) The State of Texas County of QDI \ 101 > CERTIFICATE OF ACKNOWLEDGMENT Before me, L~ W'OVI ~ <flµ.,vif,,,. ~1 Y~~i-~sert the name and character of the officer), on this day personally appeared t\kJAo...eJ, 6' • S'rvtA~ . , proved to me on the oath of __ ....... r:J_(A _____ or through Jl/l~ (Jl~ (description of identity card or other document) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. (Seal) LAUREN FORD FLAHIE Notary ID #131709864 My Commission Expires September 5, 2026 Given under my hand and Seal of office this 3rt day of y , 20 'l J. >i~ XI Ji,4:,.. (} f Notary's Signature) Notary Public, State of Texas 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. ~me(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. Place Notary Seal and/or Stamp Above .1 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. Signa ure 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: ___________________________ _ DocumentDate: _____________________ Numberof Pages: ____ _ Signer(s) Other Than Named Above: _______________________ _ Capacity(ies) Claimed by Sig~er(s) Signer's Name: ____________ _ o Corporate Officer -Title(s): ______ _ o Partner -o Limited o General D Individual o Trustee □ Other: □ Attorney in Fact □ Guardian or Conservator Signer is Representing: _________ _ ©2019 National Notary Association Signer's Name: ____________ _ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Other: Signer is Representing: _________ _ --------_____ ,._