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HomeMy WebLinkAboutRP 94-02; Army & Navy Academy Master Plan; Redevelopment Permits (RP) (3)ORDER NO. 977570-18 FIRST AMERICAN TITLE INSURANCE COMPANY 411 IVY STREET, (P.O. BOX 808) SAN DIEGO, CALIFORNIA 92101 (619) 238-1776 MAY 4, 1989 WESTERN LAND SURVEY 5850 AVENIDA ENCINAS CARLSBAD, CALIFORNIA 92008 ATTN: VINCENT SINCEK YOUR REF: ARMY-NAVY OUR ORDER NO. 977570-18 IN RESPONSE TO THE HEREIN REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, THIS OC»fPANY HEREBY REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS OF THE DATE HEREOF, A POLICY OR POLICIES OF TITLE INSURANCE DESCRIBING THE LAND AHD THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION HEREIN OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY FORMS. THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID POLICY OR POLICIES ARE SET FORTH HEREIN. COPIES OF THE FOLICY FORMS SHOULD BE READ. THEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPORT. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A FOLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. DATED AS OF MAY 1, 1989 AT 7:30 A.M. NICK ASHCRAFT/SGM - TITLE OFFICER DIRECT DIAL PHONE 231-4618 PAGE 1 ORDER NO. 977570-18 THE FORM OF POLICY TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS: ALTA TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: ARMY AND NAVY ACADEMY, CARLSBAD, CALIFORNIA, A CALIFORNIA CORPORATION THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: FEE AS TO PARCELS A THROUGH G, AND EASEMENT AS TO PARCEL Al THE LAND REFERRED TO HEREIN IS DESCRIBED AS FOLLOWS: (SEE ATTACHED LEGAL DESCRIPTION) AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY FORM WOULD BE AS FOLLOWS: 1. GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 1989-90, A LIEN, NOT YET PAYABLE. 2. THE UEN OF SUPPLEMENTAL TAXES OR ASSESSMENTS, IF ANY, ASSESSED PURSUANT TO CHAPTER 3.5 COMMENCING WITH SECTION 75 OF THE CALIFORNIA REVENUE AND TAXATION CODE AND ANY OTHER APPLICABLE STATUTES OF THE CALIFORNIA REVENUE AND TAXATION CODE. 3. SVPPLEMENTAL TAXEg; THE REQUIREMENT THAT THIS COMPANY BE FURNISHED WITH ALL SUPPLEMENTAL TAX BILLS, IF ANY, FROM THE OWNER OF THE HEREIN DESCRIBED PROPERTY BEFORE CLOSE OF ESCROW. 4. RIGHTS OF THE PUBLIC IN AND TO ANY PORTION OF THE HEREIN DESCRIBED PROPERTY LYING WITHIN ROADS, STREETS OR HIGHWAYS. PAGE 2 ORDER NO. 977570-18 5. THE PRIVILEGE AND RIGHT TO EXTEND DRAINAGE STRUCTURES, EXCAVATION AND EMBANKMENT SLOPES BEYOND THE LIMITS OF A STATE HIGHWAY WHERE REQUIRED FOR THE CONSTRUCTION AND MAINTENANCE OF SAID ROAD AS GRANTED IN DEED RECORDED SEPTEMBER 30, 1924 IN BOOK 996, PAGE 385 AND OCTOBER 23, 1924 IN BOOK 1044, PAGE 198, BOTH OF DEEDS. AFFECTS PARCELS A, E AND G. 6. AN EASEMENT FOR EITHER OR BOTH POLE LINES, UNDERGROUND CONDUITS AND INCIDENTAL PURPOSES TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS IN FAVOR OF SAN DIEGO CONSOLIDATED GAS AND ELECTRIC COMPANY, A CORPORATION BY INSTRUMENT RECORDED MARCH 3, 1925 IN BOOK 1070, PAGE 121 OF DEEDS, LOCATED WITHIN LOT 47 OF GRANDVILLE PARK, AS PER MAP THEREOF NO. 1782, FILED IN THE OFFICE OF THE RECORDER OF THE SAID COUNTY OF SAN DIEGO. THE ROUTE OR LOCATION OF SAID EASEMENT CANNOT BE DETERMINED FROM THE RECORD. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AFFECTS PARCEL A. 7. COVENANTS, CONDITIONS AND RESTRICTIONS, BUT DELETING RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION OR NATIONAL ORIGIN, IN AN INSTRUMENT RECORDED SEPTEMBER 10, 1927 IN BOOK 1232, PAGE 380 OF DEEDS. SAID INSTRUMENT PROVIDES THAT A VIOLATION THEREOF SHALL NEITHER DEFEAT NOR RENDER INVALID THE LIEN OF ANY MORTGAGE OR DEED OF TRUST MADE FOR VALUE. SAID INSTRUMENT CONTAINS THE FOLLOWING RECITAL: THAT THERE MAY BE ERECTED AND MAINTAINED BY ANY ELECTRIC OR TELEPHONE COMPANY OR BY ANY MUNICIPALITY OR PUBLIC SERVICE COMPANY, ALONG THE REAR OR SIDE LINES OF ANY LOT IN SAID GRANVILLE PARK NO. 2, POLES AND WIRES FOR THE PURPOSE OF CONVEYING ELECTRICITY AND TELEPHONE SERVICES, PROVIDED THAT SAID POLES AND WIRES ARE LOCATED AT NO GREATER DISTANCE THAN FIVE FEET FROM THE REAR OR SIDE LINES OF ANY SUCH LOT. AFFECTS PARCELS A, C, D, E AND G. 8. THE RECITAL CONTAINED ON THE MAP OF SAID LAND WHICH AGREES TO ALLOW THE CROSSARMS OF POLES OR SIMILAR STRUCTURES PLACED ALONG THE RIGHT OF WAY OF CERTAIN HIGHWAYS TO HANG OVER THE ABUTTING LAND. AFFECTS PARCELS A, B, C AND G. PAGE 3 ORDER NO. 977570-18 9. AN EASEMENT FOR EITHER OR BOTH POLE LINES, UNDERGROUND CONDUITS AND INCIDENTAL PURPOSES TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS IN FAVOR OF SAN DIEGO CONSOLIDATED GAS AND ELECTRIC COMPANY BY INSTRUMENT RECORDED NOVEMBER 10, 1930 IN BOOK 1820, PAGE 402 OF DEEDS, DESCRIBED AS FOLLOWS: A STRIP OF LAND 2 FEET IN WIDTH BEING 1 FOOT ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: BEGINNING AT A POINT ON THE NORTHWESTERLY LINE OF LOT 74 OF GRANVILLE PARK, NO. 2, AS PER MAP THEREOF NO. 2037, FILED IN THE OFFICE OF THE RECORDER OF THE SAID COUNTY OF SAN DIEGO, WHICH POINT IS SOUTHWESTERLY A DISTANCE OF 21.61 FEET FROM THE MOST NORTHERLY CORNER OF SAID LOT 74; THENCE FROM SAID POINT OF BEGINNING SOUTH 83'07* EAST, A DISTANCE OF 22.4 FEET; THENCE NORTH 89'42» EAST, A DISTANCE OF 97 FEET MORE OR LESS TO THE EASTERLY LINE OF LOT 96 OF SAID GRANVILLE PARK NO. 2, BEING IN LOTS 74, 96 AND 97 OF SAID GRANVILLE PARK NO. 2. IT IS AGREED BY THE PARTIES HERETO THAT THE SAID CROSS-ARMS BE OF ANY LENGTH NOT EXCEEDING 12 FEET, AND MAY EXTEND 6 FEET ON EACH SIDE OF THE CENTER LINE OF SAID STRIP OF LAND AND OVER LAND OF THE GRANTOR HEREIN NOT INCLUDED IN SAID STRIP. SAID INSTRUMENT FURTHER RECITES: "IT IS UNDERSTOOD BY THE PARTIES HERETO THAT THE GRANTEE MAY PLACE, ERECT AND MAINTAIN ON THE LANDS OF THE GRANTOR ADJACENT TO THE ABOVE DESCRIBED RIGHT OF WAY SUCH ANCHORAGE AS MAY BE NECESSARY TO PROPERLY GUY THE POWER LINE ERECTED OVER SAID RIGHT OF WAY." REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AFFECTS LOT 96 OF PARCEL D. 10. AN EASEMENT FOR PIPELINES AND INCIDENTAL PURPOSES IN FAVOR OF THE OCEANSIDE MUTUAL WATER COMPANY, A CORPORATION, RECORDED SEPTEMBER 12, 1930 IN BOOK 1823, PAGE 17 OF DEEDS, LOCATED WITHIN THE SOUTHERLY 5 FEET OF LOT NO. 198, AS PER MAP OF GRANVILLE PARK NO. 2, MAP NO. 2057. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AFFECTS PARCEL E. 11. AN EASEMENT FOR EITHER OR BOTH POLE LINES, UNDERGROUND CONDUITS AND INCIDENTAL PURPOSES TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS IN FAVOR OF SAN DIEGO CONSOLIDATED GAS AND ELECTRIC COMPANY BY INSTRUMENT RECORDED JANUARY . 30, 1934 IN BOOK 260, PAGE 456 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: THOSE CERTAIN PORTIONS OF FORMER STREETS AND ALLEYS REVERTING TO LOTS 66 TO 73 INCLUSIVE, AND LOT 138 AND 139, ALL IN GRANVILLE PARK NO. 2, AS PER MAP THEREOF NO. 2037 FILED IN THE OFFICE OF PAGE 4 ORDER NO. 977570-18 THE RECORDER OF THE SAID COUNTY OF SAN DIEGO, BY VIRTUE OF THE CLOSING OF SAID STREETS AND ALLEYS BY ORDER OF THE BOARD OF SUPERVISORS OF THE SAID COUNTY OF SAN DIEGO. THE ROUTE OF SAID LINE OF POLES AND WIRES ACROSS SAID LAND SHALL BE AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHWESTERLY LINE OF LOT 74 OF SAID GRANVILLE PARK NO. 2, WHICH POINT IS SOUTHWESTERLY A DISTANCE OF 21.6 FEET FROM THE MOST NORTHERLY CORNER OF SAID LOT 74; THENCE NORTH 82*44* WEST A DISTANCE OF 77.3 FEET; THENCE NORTH 33•50* WEST TO THE NORTHERLY LINE OF THAT CERTAIN PORTION OF FORMER STREET REVERTING TO SAID LOT 66. ALSO: BEGINNING AT A POINT ON THE CENTER LINE OF FORMER DEL MAR AVENUE, WHICH POINT IS SOUTHWESTERLY A DISTANCE OF 13.3 FEET FROM THE CENTER LINE OF FORMER MAR VISTA; THENCE NORTHWESTERLY ON A LINE PARALLEL WITH SAID CENTER LINE OF MAR VISTA TO THE CENTER LINE OF FORMER LA CRESTA AVENUE. ALSO: BEGINNING AT A POINT ON THE NORTHWESTERLY LINE OF LOT 117 OF SAID GRANVILLE PARK NO. 2, WHICH POINT IS SOUTHWESTERLY A DISTANCE OF 12.8 FEET FROM THE MOST NORTHERLY CORNER OF SAID LOT 117; THENCE SOUTH 31'23« EAST 14 FEET; THENCE SOUTH 10-57' EAST, 183.8 FEET. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AFFECTS PARCEL 6. 12. AN EASEMENT FOR EITHER OR BOTH POLE LINES, UNDERGROUND CONDUITS AND INCIDENTAL PURPOSES TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS IN FAVOR OF SAN DIEGO CONSOLIDATED GAS AND ELECTRIC COMPANY, A CORPORATION BY INSTRUMENT RECORDED JANUARY 30, 1934 IN BOOK 268, PAGE 231 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: THOSE CERTAIN PORTIONS OF FORMER STREETS AND ALLEYS REVERTING TO LOTS 62 TO 65 INCLUSIVE, 74, 97, 117, 136, 137, 153, TO 164 INCLUSIVE, AND 178, ALL IN GRANVILLE PARK NO. 2, AS PER MAP THEREOF NO. 2037, FILED IN THE OFFICE OF THE RECORDER OF THE SAID COUNTY OF SAN DIEGO, BY VIRTUE OF THE CLOSING OF SAID STREETS AND ALLEYS BY ORDER OF THE BOARD OF SUPERVISORS OF THE SAID COUNTY OF SAN DIEGO. ALSO: LOTS 74, 75, 98, 117, 129 AND 130, ALL IN SAID GRANVILLE PARK NO. 2. THE ROUTE OF SAID LINE OF POLES AND WIRES ACROSS SAID LAND SHALL BE AS FOLLOWS: PAGE 5 ORDER NO. 977570-18 BEGINNING AT A POINT ON THE SOUTHERLY LINE OF PACIFIC AVENUE WHICH POINT IS EASTERLY A DISTANCE OF 6 FEET FROM THE NORTHEAST CORNER OF SAID LOT 65; THENCE SOUTH 32*31' EAST 572 FEET; THENCE SOUTH 15'03* WEST 16 FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT 98, WHICH POINT IS NORTHERLY 15.9 FEET FROM THE SOUTHWEST CORNER OF SAID LOT 98. ALSO: BEGINNING AT A POINT ON THE NORTHWESTERLY LINE OF SAID LOT 74, WHICH POINT IS SOUTHWESTERLY 21.61 FEET FROM THE MOST NORTHERLY CORNER OF SAID LOT 74; THENCE NORTH 82•44' WEST 77.3 FEET; THENCE SOUTH 26*01 • EAST TO THE WESTERLY LINE OF SAID LOT 75. ALSO: BEGINNING AT A POINT ON THE NORTHWESTERLY LINE OF SAID LOT 130, WHICH POINT IS NORTHEASTERLY 3.2 FEET FROM THE MOST WESTERLY CORNER OF SAID LOT 130; THENCE SOUTH 31*23 • EAST 94.1 FEET; THENCE SOUTH 10* 57* EAST TO THE CENTER LINE OF FORMER LA CRESTA AVENUE. ALSO: BEGINNING AT THE MOST WESTERLY CORNER OF SAID LOT 156; THENCE NORTH 61*20' EAST 100 FEET; THENCE NORTH 26*36* WEST 139 FEET; THENCE NORTH 20*48' WEST 104.4 FEET; THENCE NORTH 4*38' WEST 100 FEET; THENCE NORTH 8*26' WEST TO THE NORTHERLY LINE OF THAT CERTAIN PORTION OF FORMER ALLEY REVERTING TO SAID LOT 178. ALSO: BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 156; THENCE SOUTH 33*04' EAST 88.3 FEET; THENCE SOUTH 36*25' EAST 76.6 FEET. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AFFECTS PARCELS C, D, E AND G. 13. AN EASEMENT FOR A PUBLIC HIGHWAY AND INCIDENTAL PURPOSES IN FAVOR OF THE STATE OF CALIFORNIA, RECORDED FEBRUARY 28, 1934 IN BOOK 284, PAGE 38 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: A PORTION OF LOTS 165 TO 168 INCLUSIVE, OF GRANVILLE PARK NO. 2, AS DELINEATED ON MAP NO. 2037, RECORDS OF SAN DIEGO COUNTY; AND THE NORTHERLY HALF OF DEL MAR AVENUE VACATED APRIL 10, 1933 BY RESOLUTION OF THE BOARD OF SUPERVISORS OF SAN DIEGO COUNTY. ALL OF SAID LOTS AND SAID PART OF DEL MAR AVENUE LYING WESTERLY FROM THE FOLLOWING DESCRIBED LINE: COMMENCING AT A POINT WHICH BEARS NORTH 55*18'15" EAST, 50.00 FEET FROM ENGINEER'S STATION 452+88.88 ON THE CENTER LINE OF THE DEPARTMENT OF PUBLIC WORKS' SURVEY, FROM ENCINITAS TO OCEANSIDE, ROAD XI-S.D-2-B; THENCE NORTH 34*41'45" WEST, 319.54 FEET TO A POINT WHICH BEARS NORTH 55'18'15" EAST, 20.00 FEET FROM A 1 INCH IRON PIN SET FOR THE MOST SOUTHERLY CORNER OF THAT TRACT OF LAND CONVEYED TO F. C — PAGE 6 ORDER NO. 977570-18 AND ELIZABETH J. BUTLER BY DEED RECORDED IN BOOK NO. 1884, PAGE 348, RECORDS OF SAID COUNTY; THENCE NORTH 54*41'45" WEST, 1137.02 FEET TO A POINT WHICH BEARS NORTH 55*18'15" EAST, 50.00 FEET FROM ENGINEER'S STATION 467+45.44 OF SAID SURVEY; THENCE ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 1200 FEET, THROUGH AN ANGLE OF 38"17'30", A DISTANCE OF 801.98 FEET; THENCE NORTH 3*35'45" EAST, TO WIT: 269.17 FEET TO A POINT WHICH BEARS SOUTH 86*24*15" EAST, 50.00 FEET FROM ENGINEER*S STATION 478+50 OF SAID SURVEY. SAID INSTRUMENT CONTAINS THE FOLLOWING RECITAL: GRANTORS DO HEREBY WAIVE ALL CLAIM FOR ANY AND ALL DAMAGES OR COMPENSATION FOR ON ACCOUNT OF THE LOCATION, ESTABLISHMENT AND CONSTRUCTION OF SAID HIGHWAY; AND DO HEREBY GRANT TO THE STATE OF CALIFORNIA ALL TREES, GROWTHS (GROWING OR THAT MAY HEREAFTER GROW) AND ROADBUILDING MATERIALS WITHIN SAID RIGHT OF WAY, TOGETHER WITH THE RIGHT TO USE THE SAME IN SUCH MANNER AND AT SUCH LOCATIONS AS SAID GRANTEE MAY DEEM PROPER, NEEDFUL OR NECESSARY, IN THE CONSTRUCTION, RECONSTRUCTION AND MAINTENANCE OF SAID HIGHWAY. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AFFECTS PARCELS E. 14. AN EASEMENT FOR STATE HIGHWAY AND INCIDENTAL PURPOSES IN FAVOR OF THE STATE OF CALIFORNIA, RECORDED APRIL 11, 1934 IN BOOK 285, PAGE 461 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: PORTIONS OF LOT 131, LOTS 1^ TO 164 INCLUSIVE AND LOTS 169 AND 170 OF GRANVILLE PARK NO. 2 AS SHOWN ON MAP NO. 2037, RECORDS OF SAN DIEGO COUNTY; CYPRESS AVENUE AND THE SOUTHERLY HALF OF DEL MAR AVENUE BOTH VACATED APRIL 10, 1933 BY RESOLUTION OF THE BOARD OF SUPERVISORS OF SAN DIEGO COUNTY. ALL OF SAID LOTS AND SAID PARTS OF SAID AVENUES LYING WITHIN A STRIP OF LAND 100 FEET WIDE CONTIGUOUS TO AND WESTERLY FROM THE FOLLOWING DESCRIBED LINE: COMMENCING AT A POINT WHICH BEARS NORTH 55*18*15" EAST, 50.00 FEET FROM ENGINEER'S STATION 452+88.88 ON THE CENTER LINE OF THE DEPARTMENT OF PUBLIC WORKS' SURVEY, FROM ENCINITAS TO OCEANSIDE, ROAD XI-S.D-2-B; THENCE NORTH 34*41'45" WEST, 319.54 FEET TO A POINT WHICH BEARS NORTH 55* 18'15" EAST 20.00 FEET FROM A 1 INCH IRON PIN SET FOR THE MOST SOUTHERLY CORNER OF THAT TRACT OF LAND CONVEYED TO F.C. AND ELIZABETH J. BUTLER BY DEED RECORDED IN BOOK OF DEEDS NO. 1884, PAGE 348, RECORDS OF SAID COUNTY; THENCE NORTH 34'41'45" WEST, 1137.02 FEET TO A POINT WHICH BEARS NORTH 55*18'15" EAST, 50.00 FEET FROM ENGINEER'S STATION 467+45.44 OF SAID SURVEY; THENCE ALONG A CURVE TO THE RIGHT WITH A RADIUS OF PAGE 7 ORDER NO. 977570-18 1200 FEET THROUGH AN ANGLE OF 38*17'30", A DISTANCE OF 801.98 FEET; THENCE NORTH 3*35'45" EAST 269.17 FEET TO A POINT WHICH BEARS SOUTH 86'24'15" EAST, 50.00 FEET FROM ENGINEER'S STATION 478+50 OF SAID SURVEY. SAID INSTRUMENT CONTAINS THE FOLLOWING RECITAL: GRANTOR, DOES HEREBY WAIVE ALL CLAIM FOR ANY AND ALL DAMAGES OR COMPENSATION FOR ON ACCOUNT OF THE LOCATION, ESTABLISHMENT AND CONSTRUCTION OF SAID STATE HIGHWAY; AND DOES GRANT TO THE GRANTEE THE RIGHT TO REMOVE ANY AND ALL TREES, GROWTHS AND ROADBUILDING MATERIAL AND THE RIGHT OF WAY TO USE THE SAME IN SUCH MANNER AS SAID GRANTEE MAY DEEM PROPER, NEEDFUL OR NECESSARY, IN THE CONSTRUCTION, RECONSTRUCTION AND/OR MAINTENANCE OF SAID STATE HIGHWAY AND/OR ANY ROAD OR HIGHWAY CONSTRUCTED, OR TO BE CONSTRUCTED, BY, FOR OR UNDER THE DIRECTION OR CONTROL OF THE STATE OF CALIFORNIA. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AFFECTS PARCELS A AND E. 15. AN EASEMENT AND RIGHT OF WAY FOR PUBLIC ROAD PURPOSES OVER AND ACROSS ROAD SURVEY NO. 692 ACCORDING TO MAP ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR AND AS GRANTED TO THE COUNTY OF SAN DIEGO BY DEED RECORDED MAY 27, 1936 IN BOOK 509, PAGE 403 OF OFFICIAL RECORDS. SAID INSTRUMENT ALSO GRANTS THE PRIVILEGE AND RIGHT TO EXTEND AND MAINTAIN DRAINAGE STRUCTURES AND EXCAVATION AND EMBANKMENT SLOPES BEYOND THE LIMITS OF SAID RIGHT OF WAY WHERE REQUIRED FOR THE CONSTRUCTION AND MAINTENANCE THEREOF. SAID INSTRUMENT CONTAINS THE FOLLOWING RECITAL: GRANTORS, DO HEREBY WAIVE ALL CLAIM FOR ANY AND ALL DAMAGES OR COMPENSATION ON AND ACCOUNT OF THE LOCATION, ESTABLISHMENT AND CONSTRUCTION SAID HIGHWAY; AND DO HEREBY GRANT TO THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ALL TREES, GROWTHS (GROWING OR THAT MAY HEREAFTER GROW) AND ROADBUILDING MATERIALS WITHIN SAID RIGHT OF WAY, INCLUDING THE RIGHT TO TAKE WATER, TOGETHER WITH THE RIGHT TO USE THE SAME IN SUCH MANNER AND AT SUCH LOCATIONS AS SAID GRANTEE MAY DEEM PROPER, NEEDFUL OR NECESSARY, IN THE CONSTRUCTION, RECONSTRUCTION AND MAINTENANCE OF SAID HIGHWAY. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AFFECTS PARCELS D AND G. PAGE 8 ORDER NO. 977570-18 16. THE PRIVILEGE AND RIGHT TO EXTEND DRAINAGE STRUCTURES, EXCAVATION AND EMBANKMENT SLOPES BEYOND THE LIMITS OF ROAD SURVEY NO. 692 WHERE REQUIRED FOR THE CONSTRUCTION AND MAINTENANCE OF SAID HIGHWAY AS GRANTED IN DEED RECORDED MAY 27, 1936 IN BOOK 509, PAGE 403 OF OFFICIAL RECORDS. AFFECTS PARCELS F AND G. 17. AN EASEMENT AND RIGHT OF WAY FOR INGRESS, EGRESS AND INCIDENTAL PURPOSES AS RESERVED BY INSTRUMENT RECORDED APRIL 30, 1938 IN BOOK 764, PAGE 493 OF OFFICIAL RECORDS, AND THE RIGHT OF OTHERS TO USE SAID EASEMENT AS CONVEYED OR RESERVED IN VARIOUS OTHER INSTRUMENTS OF RECORD, OVER, UNDER, ALONG AND ACROSS A STRIP OF LAND 12 FEET WIDE EXTENDING FROM OCEAN STREET TO THE MEAN HIGH TIDE LINE OF THE PACIFIC OCEAN AND LYING BETWEEN THE SOUTHERLY LINE OF SAID PARCEL 5 AS DESCRIBED IN SAID DOCUMENT AND A LINE PARALLEL WITH AND 12 FEET DISTANT AT RIGHT ANGLES NORTHERLY FROM SAID SOUTHERLY LINE. AFFECTS PARCEL F. 18. AN EASEMENT AND RIGHT OF WAY FOR INGRESS, EGRESS AND INCIDENTAL PURPOSES AS RESERVED BY INSTRUMENT RECORDED APRIL 30, 1938 IN BOOK 764, PAGE 493 OF OFFICIAL RECORDS, AND THE RIGHT OF OTHERS TO USE SAID EASEMENT AS CONVEYED OR RESERVED IN VARIOUS OTHER INSTRUMENTS OF RECORD, OVER, UNDER, ALONG AND ACROSS A STRIP OF LAND 10 FEET WIDE EXTENDING FROM OCEAN STREET TO THE MEAN HIGH TIDE LINE OF THE PACIFIC OCEAN AND LYING BETWEEN THE SOUTHWESTERLY EXTENSION OF THE SOUTHEASTERLY LINE OF LOT 61 OF GRANVILLE PARK NO. 2 AS SHOWN ON MAP NO. 2037, FILED JUNE 18, 1927 AND A LINE DRAWN PARALLEL WITH AND 10 FEET NORTHERLY AT RIGHT ANGLES FROM SAID SOUTHWESTERLY EXTENSION OF THE SOUTHEASTERLY LINE OF SAID LOT 61. AFFECTS PARCEL F. 19. THE PRIVILEGE AND RIGHT TO EXTEND DRAINAGE STRUCTURES, EXCAVATION AND EMBANKMENT SLOPES BEYOND THE LIMITS OF ROAD SURVEY NO. 911 WHERE REQUIRED FOR THE CONSTRUCTION AND MAINTENANCE OF SAID HIGHWAY AS GRANTED IN DEED RECORDED NOVEMBER 3, 1943 IN BOOK 1586, PAGE 149 OF OFFICIAL RECORDS. AFFECTS LOTS 153 THROUGH 157 AND 183 THROUGH 198 OF PARCEL E. 20. COVENANTS, CONDITIONS AND RESTRICTIONS, BUT DELETING RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION OR NATIONAL ORIGIN, IN AN INSTRUMENT RECORDED FEBRUARY 9, 1944 IN BOOK 1630, PAGE 215 OF OFFICIAL RECORDS. PAGE 9 ORDER NO. 977570-18 SAID INSTRUMENT PROVIDES THAT A VIOLATION THEREOF SHALL NEITHER DEFEAT NOR RENDER INVALID THE LIEN OF ANY MORTGAGE OR DEED OF TRUST MADE FOR VALUE. AFFECTS PARCEL F. 21. AN EASEMENT AND RIGHT OF WAY FOR PUBLIC ROAD PURPOSES OVER AND ACROSS ROAD SURVEY NO. 911 ACCORDING TO MAP ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR AND AS GRANTED TO THE COUNTY OF SAN DIEGO BY DEED RECORDED DECEMBER 13, 1946 IN BOOK 2288, PAGE 385 OF OFFICIAL RECORDS. SAID INSTRUMENT ALSO GRANTS THE PRIVILEGE AND RIGHT TO EXTEND AND MAINTAIN DRAINAGE STRUCTURES AND EXCAVATION AND EMBANKMENT SLOPES BEYOND THE LIMITS OF SAID RIGHT OF WAY WHERE REQUIRED FOR THE CONSTRUCTION AND MAINTENANCE THEREOF. SAID INSTRUMENT CONTAINS THE FOLLOWING RECITAL: GRANTOR, DOES HEREBY WAIVE ALL CLAIM FOR ANY AND ALL DAMAGES OR COMPENSATION ON AND ACCOUNT OF THE LOCATION, ESTABLISHMENT AND CONSTRUCTION SAID HIGHWAY; AND DO HEREBY GRANT TO THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ALL TREES, GROWTHS (GROWING OR THAT MAY HEREAFTER GROW) AND ROADBUILDING MATERIALS WITHIN SAID RIGHT OF WAY, TOGETHER WITH THE RIGHT TO USE THE SAME IN SUCH MANNER AND AT SUCH LOCATIONS AS SAID GRANTEE MAY DEEM PROPER, NEEDFUL OR NECESSARY, IN THE CONSTRUCTION, RECONSTRUCTION AND MAINTENANCE OF SAID HIGHWAY. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AFFECTS LOTS 197 AND 198 OF PARCEL E. 22. THE PRIVILEGE AND RIGHT TO EXTEND DRAINAGE STRUCTURES, EXCAVATION AND EMBANKMENT SLOPES BEYOND THE LIMITS OF ROAD SURVEY NO. 911 WHERE REQUIRED FOR THE CONSTRUCTION AND MAINTENANCE OF SAID HIGHWAY AS GRANTED IN DEED RECORDED DECEMBER 13, 1946 IN BOOK 2288, PAGE 385 OF OFFICIAL RECORDS. AFFECTS LOT 196 OF PARCEL E. 23. AN EASEMENT FOR A LINE OF PIPE, TOGETHER WITH THE RIGHT OF INGRESS THERETO AND EGRESS THEREFROM AND INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY, A CORPORATION, RECORDED JULY 14, 1947 IN BOOK 2449, PAGE 191 OF OFFICIAL RECORDS, LOCATED WITHIN THE SOUTHEASTERLY 3 FEET OF LOT 94. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AFFECTS PARCEL D. PAGE 10 ORDER NO. 977570-18 24. THE RIGHT AND PRIVILEGE TO PLACE AND MAINTAIN AN ANCHOR TO SUPPORT A LINE OF POLES AND WIRES AND INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY BY INSTRUMENT RECORDED JULY 17, 1947 IN BOOK 2455, PAGE 190 OF OFFICIAL RECORDS. SAID EASEMENT IS DESCRIBED AS FOLLOWS: THE SOUTHEASTERLY 3 FEET OF LOT 94. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AFFECTS PARCEL D. 25. THE RIGHT AND PRIVILEGE TO PLACE AND MAINTAIN AN ANCHOR TO SUPPORT A LINE OF POLES AND WIRES AND INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY BY INSTRtJMENT RECORDED OCTOBER 19, 1948 IN BOOK 2985, PAGE 145 OF OFFICIAL RECORDS. SAID EASEMENT IS DESCRIBED AS FOLLOWS: LOTS 131 AND 178 OF GRANVILLE PARK NO. 2, AS PER MAP THEREOF NO. 2037, FILED IN THE OFFICE OF THE RECORDER OF SAID COUNTY OF SAN DIEGO, SAID GUY POLE AND ONE ANCHOR TO BE LOCATED ADJACENT TO THE EASTERLY LINE OF SAID LOT 178 AND WITHIN THE NORTHERLY 10.0 FEET THEREOF. ALSO: ONE ANCHOR TO BE LOCATED APPROXIMATELY 15.0 FEET NORTHWESTERLY FROM THE SOUTHEASTERLY LINE OF SAID LOT 131 AND WITHIN THE WESTERLY 20.0 FEET THEREOF. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AFFECTS LOTS A AND E. 26. AN EASEMENT FOR EITHER OR'BOTH POLE LINES, UNDERGROUND CONDUITS AND INCIDENTAL PURPOSES TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY BY INSTRUMENT RECORDED OCTOBER 25, 1951 IN BOOK 4273, PAGE 11 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: LOT 198 IN GRANVILLE PARK NO. 2, AS PER MAP THEREOF NO. 2037, FILED IN THE OFFICE OF THE RECORDER OF SAID COUNTY OF SAN DIEGO. THE ROUTE OF SAID LINE OF POLES AND WIRES ACROSS SAID LAND SHALL BE AS FOLLOWS: PAGE 11 ORDER NO. 977570-18 BEGINNING AT A POINT ON THE SOUTHERLY LINE OF SAID LOT 198, DISTANT THEREON, 40.60 FEET EASTERLY FROM THE SOUTHWESTERLY CORNER THEREOF; THENCE FROM SAID POINT OF BEGINNING, NORTH 55*27' EAST, TO THE NORTHEASTERLY LINE OF SAID LOT 198. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AFFECTS PARCEL E. 27. AN EASEMENT FOR EITHER OR BOTH POLE LINES, UNDERGROUND CONDUITS AND INCIDENTAL PURPOSES TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY BY INSTRUMENT RECORDED NOVEMBER 2, 1953 IN BOOK 5033, PAGE 68 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: ? LOTS 70, 71, 72 AND 112 OF GRANVILLE PARK NO. 2, AS PER MAP THEREOF NO. 2037, FILED IN THE OFFICE OF THE RECORDER OF SAID COUNTY OF SAN DIEGO, AND THOSE CERTAIN PORTIONS OF FORMER MAR VISTA AVENUE, REVERTING TO THE ABOVE MENTIONED LOTS BY VIRTUE OF THE CLOSING OF SAID AVENUE BY ORDER OF THE BOARD OF SUPERVISORS OF SAID SAN DIEGO COUNTY. THE ROUTE OF SAID LINE OF POLES AND WIRES ACROSS SAID LAND SHALL BE AS FOLLOWS: BEGINNING AT A POINT WHICH BEARS SOUTH 89*42' WEST, 117.13 FEET; THENCE NORTH 23'00'30" WEST, 229.02 FEET FROM THE NORTHEAST CORNER OF LOT 98 OF SAID GRANVILLE PARK NO. 2; THENCE FROM SAID POINT OF BEGINNING SOUTH 23'00'30" EAST TO THE SOUTHEASTERLY LINE OF SAID LOT 70. ALSO: BEGINNING AT SAID POINT OF BEGINNING; THENCE NORTH ^,61*41'30" EAST, 62.0 FEET. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AFFECTS PARCEL G. 28. AN EASEMENT FOR SEWER LINE AND INCIDENTAL PURPOSES IN FAVOR OF WILLIAM P. MULQUEEN, A WIDOWER, RECORDED AUGUST 2, 1960 AS FILE NO. 156111 OF OFFICIAL RECORDS, LOCATED WITHIN THE SOUTHEASTERLY 5 FEET OF LOTS 76 AND 95 OF GRANVILLE PARK NO. 2, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 2037, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, JUNE 18, 1927. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AFFECTS PARCEL D. PAGE 12 ORDER NO. 977570-18 29. AN EASEMENT FOR EITHER OR BOTH POLE LINES, UNDERGROUND CONDUITS AND INCIDENTAL PURPOSES TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY BY INSTRUMENT RECORDED AUGUST 12, 1963 AS FILE NO. 141573 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: THAT PORTION OF OCEAN STREET REVERTING TO LOT 47 OF GRANVILLE PARK, ACCORDING TO MAP THEREOF NO. 1782, FILED IN THE OFFICE OF THE RECORDER OF SAID COUNTY OF SAN DIEGO, BY VIRTUE OF THE CLOSING OF SAID PORTION OF OCEAN STREET BY RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA. THE CENTER LINE OF SAID RIGHT OF WAY IN THE AFORESAID LANDS IS PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST EASTERLY CORNER OF SAID LOT 47; THENCE NORTH 41*10* WEST, ALONG THE NORTHEASTERLY LINE THEREOF, 255.25 FEET; THENCE NORTH 49*52*45" WEST 102.90 FEET; THENCE SOUTH 66*08*15" WEST 34.50 FEET TO THE TRUE POINT OF BEGINNING OF SAID CENTER LINE OF RIGHT OF WAY; THENCE FROM SAID TRUE POINT OF BEGINNING, CONTINUING SOUTH 66*08*15" WEST TO THE WESTERLY LINE OF SAID OCEAN STREET. ALSO: BEGINNING AT SAID TRUE POINT OF BEGINNING; THENCE NORTH 15*45*45" WEST, 25.0 FEET. SAID INSTRUMENT FURTHER RECITES: "IT IS UNDERSTOOD BY THE PARTIES HERETO THAT THE GRANTEE MAY PLACE, ERECT AND MAINTAIN ON THE LANDS OF THE GRANTOR ADJACENT TO THE ABOVE DESCRIBED RIGHT OF WAY SUCH ANCHORAGE AS MAY BE NECESSARY TO PROPERLY GUY THE POWER LINE ERECTED OVER SAID RIGHT OF WAY." REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AFFECTS PARCEL A. 30. AN EASEMENT FOR ACCESS TO THE GAS COMPANY'S EXISTING GAS PIPE LINE AND CATHODIC PROTECTION FACILITIES LOCATED ON RAILWAY RIGHT OF WAY ADJACENT TO THE EASTERLY TERMINUS OF SAID STRIP OF LAND AND INCIDENTAL PURPOSES IN FAVOR OF SOUTHERN COUNTIES GAS COMPANY OF CALIFORNIA, A CORPORATION, RECORDED NOVEMBER 4, 1963 AS FILE NO. 197823 OF OFFICIAL RECORDS, LOCATED WITHIN A STRIP OF LAND 10.00 FEET WIDE, DESCRIBED AS FOLLOWS: THAT PORTION OF VACATED OCEAN AVENUE IN GRANVILLE PARK, MAP NO. 1782, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 1, TOWNSHIP 12 SOUTH, RANGE 5 WEST, SAN BERNARDINO MERIDIAN, DESCRIBED AS FOLLOWS: PAGE 13 ORDER NO. 977570-18 THE NORTHWESTERLY 10.00 FEET OF A STRIP OF LAND 15.00 FEET WIDE, MEASURED AT RIGHT ANGLES, LYING NORTHWESTERLY OF AND ADJOINING THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT IN THE NORTHEASTERLY LINE OF LOT 41 OF SAID GRANVILLE PARK, SAID POINT BEING THE SOUTHEASTERLY TERMINUS OF A CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 25 FEET, A RADIAL OF SAID CURVE BEARS SOUTH 58*14*45" WEST FROM SAID POINT, SAID POINT ALSO BEING IN THE SOUTHWESTERLY LINE OF MOUNTAIN VIEW DRIVE AS SHOWN ON SAID MAP OF GRANVILLE PARK; THENCE NORTH 58*14*45" EAST ALONG THE NORTHEASTERLY PROLONGATION OF SAID RADIAL LINE, 40.00 FEET TO A POINT IN THE NORTHEASTERLY LINE OF SAID MOUNTAIN VIEW DRIVE, SAID POINT BEING IN A CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 268.03 FEET, A RADIAL OF SAID LAST MENTIONED CURVE BEARS NORTH 58*14*45" EAST FROM SAID POINT; THENCE NORTHWESTERLY ALONG SAID LAST MENTIONED CURVE THROUGH A CENTRAL ANGLE OF 6*22*30", A DISTANCE OF 29.82 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 73.00 FEET, SAID CURVE BEING CONCENTRIC WITH THE ABOVE REFERRED TO CURVE HAVING A RADIUS OF 25.00 FEET, A RADIAL FROM SAID POINT BEARS SOUTH 34*11*05" WEST; THENCE NORTHWESTERLY ALONG SAID NON- TANGENT CURVE, THROUGH A CENTRAL ANGLE OF 23*41*05", A DISTANCE OF 30.18 FEET TO THE TRUE POINT OF BEGINNING, A RADIAL FROM SAID POINT BEARS SOUTH 10*30'00" WEST; THENCE NORTH 17*08*00" EAST, 191.61 FEET TO A POINT IN THE SOUTHWESTERLY RIGHT OF WAY LINE OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY RIGHT OF WAY. THE SIDE LINES OF SAID 10.00 FOOT WIDE STRIP OF LAND SHALL BE PROLONGED TO TERMINATE SOUTHWESTERLY IN SAID CURVE HAVING A RADIUS OF 73.00 FEET AND NORTHEASTERLY IN SAID SOUTHWESTERLY LINE OF RAILWAY RIGHT OF WAY. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AFFECTS PARCEL A. . 31. AN EASEMENT FOR THE PURPOSE OF ERECTING, CONSTRUCTING, RECONSTRUCTING, REPLACING, REPAIRING, MAINTAINING, AND OPERATING WATER SYSTEM, EXCAVATION AND/OR EMBANKMENT FACILITIES AND APPURTENANCES THERETO, TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS AND INCIDENTAL PURPOSES IN FAVOR OF THE CITY OF CARLSBAD, RECORDED MAY 19, 1964 AS FILE NO. 89987 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: A STRIP OF LAND 10 FEET IN WIDTH, THE CENTERLINE OF SAID RIGHT OF WAY IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE EASTERLY LINE OF MOUNTAIN VIEW DRIVE AS SHOWN ON MAP OF GRANVILLE PARK ACCORDING TO MAP THEREOF NO. 1782, SAID POINT BEING ON A CURVE, CONCAVE EASTERLY, HAVING A PAGE 14 ORDER NO. 977570-18 RADIUS OF 268.03 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 58*14*45" EAST; THENCE NORTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 6*22*30", AN ARC DISTANCE OF 29.82 FEET TO A POINT ON A NON-TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 73 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 34*11*05" EAST; THENCE WESTERLY ON THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 23*41*05", AN ARC DISTANCE OF 30.18 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 17*08*00" EAST, 191.61 FEET, MORE OR LESS, TO A POINT ON THE NORTHEASTERLY LINE OF LOT A, GRANVILLE PARK, NO. 2, ACCORDING TO MAP THEREOF NO. 2037, SAID POINT BEING THE TERMINUS OF SAID EASEMENT. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AFFECTS PARCEL A. 32. AN EASEMENT FOR THE PURPOSE OF ERECTING, CONSTRUCTING, RECONSTRUCTING, REPLACING, REPAIRING, MAINTAINING, AND OPERATING DRAINAGE, EXCAVATION, AND/OR EMBANKMENT FACILITIES AND APPURTENANCES THERETO, TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS AND INCIDENTAL PURPOSES IN FAVOR OF THE CITY OF CARLSBAD, RECORDED MAY 19, 1964 AS FILE NO. 89988 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: A STRIP OF LAND 10 FEET IN WIDTH, THE CENTERLINE OF SAID RIGHT OF WAY IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE EASTERLY LINE OF MOUNTAIN VIEW DRIVE AS SHOWN ON MAP OF GRANVILLE PARK ACCORDING TO MAP THEREOF NO. 1782, SAID POINT BEING ON A CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 268.03 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 58*14*45" EAST; THENCE NORTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 6*22*30", AN ARC DISTANCE OF 29.82 FEET TO A POINT ON A NON-TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 73 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 34*11*05" EAST; THENCE WESTERLY ON THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 31*40'35" AN ARC DISTANCE OF 40.36 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 17'08'00" EAST, 197.87 FEET, MORE OR LESS, TO A POINT ON THE NORTHEASTERLY LINE OF LOT A, GRANVILLE PARK UNIT NO. 2, ACCORDING TO MAP THEREOF NO. 2037, SAID POINT BEING THE TERMINUS OF SAID EASEMENT. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AFFECTS PARCEL A. PAGE 15 ORDER NO. 977570-18 33. AN AGREEMENT REGARDING A SANITARY SEWER LATERAL, DATED OCTOBER 21, 1964, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: THE CITY OF CARLSBAD AND THE ARMY AND NAVY ACADEMY OF CARLSBAD. RECORDED: NOVEMBER 19, 1964 AS FILE NO. 210855 OF OFFICIAL RECORDS. AFFECTS PARCEL D. 34. AN EASEMENT FOR EITHER OR BOTH POLE LINES, UNDERGROUND CONDUITS AND INCIDENTAL PURPOSES TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY BY INSTRUMENT RECORDED OCTOBER 27, 1969 AS FILE NO. 197290 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: PARCEL l: THAT CERTAIN PORTION OF LOT 47, TOGETHER WITH THAT CERTAIN PORTION OF OCEAN STREET, VACATED AND CLOSED TO PUBLIC USE, REVERTING TO SAID LOT 47, BOTH OF GRANVILLE PARK, ACCORDING TO MAP THEREOF NO. 1782, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO, DESCRIBED IN DEEDS RECORDED OCTOBER 15, 1962 AS FILE NO. 176323 AND RECORDED JULY 19, 1963 AS FILE NO. 126793, BOTH OF OFFICIAL RECORDS OF SAID COUNTY OF SAN DIEGO. PARCEL 2; LOTS 117 AND 130 OF GRANVILLE PARK NO. 2, ACCORDING TO MAP THEREOF NO. 2037, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO. THE SAID EASEMENT AND RIGHT OF WAY IN THE AFORESAID LANDS SHALL BE 12.00 FEET IN WIDTH, BEING 6.00 FEET MEASURED AT RIGHT ANGLES, ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: COMMENCING AT THE MOST EASTERLY CORNER OF LOT 176 OF SAID GRANVILLE PARK NO. 2; THENCE NORTH 41* 58'00" WEST ALONG THE NORTHEAST LINE OF SAID LOT 176 AND ITS NORTHWESTERLY PROLONGATION, A DISTANCE OF 783.45 FEET; THENCE LEAVING SAID NORTHWESTERLY PROLONGATION SOUTH 66*05'45" WEST, 48.36 FEET TO A POINT HEREINAFTER KNOWN AND DESIGNATED AS POINT "A"; THENCE FROM SAID POINT "A" SOUTH 4*01'45" WEST, 252.91 FEET; THENCE SOUTH 43*30'45" EAST, 176.26 FEET TO THE TRUE POINT OF BEGINNING OF THE CENTER LINE HEREIN DESCRIBED; THENCE .FROM SAID TRUE POINT OF BEGINNING, SOUTH 11*31'45" EAST, 107.42 FEET. ALSO: BEGINNING AT SAID POINT "A"; THENCE SOUTH 67*32'42" WEST, 268.35 FEET. PAGE 16 ORDER NO. 977570-18 ALSO: BEGINNING AT SAID POINT "A"; THENCE NORTH 66*05'45" EAST, 198.67 FEET. ALSO: BEGINNING AT SAID POINT "A"; THENCE SOUTH 4*01'45" WEST, 252.91 FEET. ALSO: THOSE CERTAIN STRIPS OF LAND 4.00 FEET IN WIDTH, BEING 2.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINES: 1. BEGINNING AT SAID TRUE POINT OF BEGINNING; THENCE SOUTH 43*30'45" EAST, 176.26 FEET. 2. BEGINNING AT SAID POINT "A"; THENCE NORTH 4*01'45" EAST, 30.00 FEET. GRANTOR COVENANTS FOR ITSELF, ITS SUCCESSORS AND ASSIGNS, NOT TO ERECT OR CONSTRUCT OR PERMIT TO BE ERECTED OR CONSTRUCTED ANY BUILDING OR STRUCTURE OR ANY EXTENSION OR ADDITION TO ANY BUILDING OR STRUCTURE, NOR SHALL ANY OBJECT OR INDEPENDENT STRUCTURE BE ATTACHED THERETO, WHICH WILL EXTEND TO A HEIGHT GREATER THAN 12.00 FEET ABOVE THE SURFACE OF THE GROUND AS IT EXISTS AT THE DATE OF THIS INSTRUMENT, WITHIN THE AREA OF THE ABOVE DESCRIBED EASEMENT AND RIGHT OF WAY. SAID INSTRUMENT FURTHER RECITES: "IT IS UNDERSTOOD BY THE PARTIES HERETO THAT THE GRANTEE MAY PLACE, ERECT AND MAINTAIN ON THE LANDS OF THE GRANTOR ADJACENT TO THE ABOVE DESCRIBED RIGHT OF WAY SUCH ANCHORAGE AS MAY BE NECESSARY TO PROPERLY GUY THE POWER LINE ERECTED OVER SAID RIGHT OF WAY." REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AFFECTS PARCELS A AND G. 35. AN EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS, THE CONSTRUCTION, INSTALLATION, REPLACEMENT, REPAIR, MAINTENANCE AND USE OF ROADS AND STREETS AND THE CONSTRUCTION, INSTALLATION, REPAIR, MAINTENANCE AND USE OF UNDERGROUND LINES, WIRES, MAINS, PIPELINES, CONDUITS, CABLES AND FACILITIES FOR UTILITY PURPOSE AND USES, INCLUDING, BUT NOT LIMITED TO SEWER, WATER, GAS, POWER, TELEPHONE AND TELEVISION PURPOSES AND INCIDENTAL PURPOSES AS GRANTED BY INSTRUMENT RECORDED NOVEMBER 11, 1971 AS FILE NO. 262891 OF OFFICIAL RECORDS, AND THE RIGHT OF OTHERS TO USE SAID EASEMENT AS CONVEYED OR RESERVED IN VARIOUS OTHER INSTRUMENTS OF RECORD, OVER, UNDER, ALONG AND ACROSS A PORTION OF PARCEL A AS FURTHER DESCRIBED IN SAID DOCUMENT. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. PAGE 17 ORDER NO. 977570-18 36. AN AGREEMENT REGARDING THE INSTALLATION AND MAINTENANCE OF WEIR, DATED MARCH 30, 1971, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: THE NATURE CONSERVANCY, A NON- PROFIT CORPORATION AND ARMY AND NAVY ACADEMY, CARLSBAD, CALIFORNIA, A NON-PROFIT CORPORATION. RECORDED: JUNE 19, 1972 AS FILE NO. 156538 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 37. AN AGREEMENT REGARDING FUTURE IMPROVEMENTS, DATED JANUARY 16, 1973, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION AND ARMY & NAVY ACADEMY. RECORDED: JANUARY 31, 1973 AS FILE NO. 73-027460 OF OFFICIAL RECORDS. AFFECTS PARCEL A. 38. AN EASEMENT FOR PUBLIC STREET, HIGHWAY AND INCIDENTAL PURPOSES IN FAVOR OF THE CITY OF CARLSBAD, RECORDED FEBRUARY 13, 1973 AS FILE NO. 73-038725 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: THAT PORTION OF LOT 47 OF GRANVILLE PARK IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1782 AS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, FEBRUARY 21, 1924 AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID LOT 47 OF GRANVILLE PARK, MAP NO. 1782; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID LOT 47, NORTH 55*07'43" EAST 8.71 FEET TO A POINT IN THE ARC OF A 370.32 FOOT RADIUS CURVE, THE RADIAL CENTER OF SAID CURVE BEARS SOUTH 32•03•31" WEST FRCM! SAID POINT; THENCE LEAVING SAID SOUTHEASTERLY LINE NORTHWESTERLY ALONG THE ARC OF SAID CURVE 90.71 FEET, THROUGH A CENTRAL ANGLE OF 14*02'04" TO A POINT OF REVERSE CURVE, HAVING A RADIUS OF 260.03 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE 85.88 FEET; THROUGH A CENTRAL ANGLE OF 18*55*22" TO A POINT OF COMPOUND CURVE, HAVING A RADIUS OF 257.20 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE 95.61 FEET, THROUGH A CENTRAL ANGLE OF 21*17*56" TO A POINT OF REVERSE CURVE, HAVING A RADIUS OF 73 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE 30.62 FEET, THROUGH A CENTRAL ANGLE OF 24*01*59" TO A POINT IN ARC OF A 265.20 FEET (RECORD 268.03 FOOT) RADIUS CURVE IN THE EASTERLY LINE OF MOUNTAIN VIEW DRIVE, THE RADIAL CENTER OF SAID CURVE BEARS NORTH 64*40*57" EAST FROM SAID POINT; THENCE SOUTHEASTERLY ALONG THE PAGE 18 ORDER NO. 977570-18 ARC OF SAID CURVE, BEING ALSO ALONG THE EASTERLY LINE OF MOUNTAIN VIEW DRIVE 128.38 FEET, THROUGH A CENTRAL ANGLE OF 27*44*08" TO A POINT OF COMPOUND CURVE, HAVING A RADIUS OF 268.03 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE 88.52 FEET, THROUGH A CENTRAL ANGLE OF 18*55*22" TO A POINT OF REVERSE CURVE, HAVING A RADIUS OF 362.32 FEET (RECORD 350.00 FEET); THENCE SOUTHEASTERLY ALONG THE ARC OF CURVE 85.33 FEET (RECORD 84.32 FEET) THROUGH A CENTRAL ANGLE OF 13*29*40" TO THE POINT OF BEGINNING. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AFFECTS PARCEL A. 39. NOTE: A CERTIFICATE OF COMPLIANCE AFFECTING THE HEREIN DESCRIBED PROPERTY WAS RECORDED DECEMBER 4, 1975 AS FILE NO. 75-342060 OF OFFICIAL RECORDS. AFFECTS PARCEL A. 40. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL PRINCIPAL SUM OF $190,000.00, AND ANY OTHER AMOUNTS OR OBLIGATIONS SECURED THEREBY, RECORDED JULY 5, 1977 AS FILE NO. 77-266536 OF OFFICIAL RECORDS. DATED: JUNE 16, 1977 TRUSTOR: NAIMCO INC., A CALIFORNIA CORPORATION TRUSTEE: ALVARADO INVESTMENT CORPORATION, A CALIFORNIA CORPORATION BENEFICIARY: FRONTIER SERVICE CORPORATION, A CALIFORNIA CORPORATION AT THE DATE OF SAID INSTRUMENT NAIMCO, INC. HAD NO RECORD INTEREST IN SAID LAND NOR SINCE ACQUIRED ANY. A PORTION OF THE BENEFICIAL INTEREST OF FRONTIER SERVICE CORPORATION WAS ASSIGNED TO MILTON J. GELLENS AND NORMA B. GELLENS, HUSBAND AND WIFE AS JOINT TENANTS AS TO 22.5/190TH BY ASSIGNMENT RECORDED AUGUST 16, 1977 AS FILE NO. 77-334489 OF OFFICIAL RECORDS. A PORTION OF THE BENEFICIAL INTEREST OF FRONTIER SERVICE CORPORATION WAS ASSIGNED TO LOUIS H. WAYNE AND SARAH G. WAYNE, HUSBAND AND WIFE AND SHARON W. NAIMAN AND NINA BUBLITZ, THEIR DAUGHTERS, ALL AS JOINT TENANTS AS TO 9/190THS BY ASSIGNMENT RECORDED AUGUST 16, 1977 AS FILE NO. 77-334490 OF OFFICIAL RECORDS. A PORTION OF THE BENEFICIAL INTEREST OF FRONTIER SERVICE CORPORATION WAS ASSIGNED TO THEODORE BRENNER AND GLIEKA BRENNER, HUSBAND AND WIFE AS JOINT TENANTS AS TO 15/190THS BY ASSIGNMENT PAGE 19 ORDER NO. 977570-18 RECORDED AUGUST 16, 1977 AS FILE NO. 77-334491 OF OFFICIAL RECORDS. A PORTION OF THE BENEFICIAL INTEREST OF FRONTIER SERVICE CORPORATION WAS ASSIGNED TO JEROME NIEDERMAN AND MARK B. NIEDERMAN, FATHER AND SON AS JOINT TENANTS, AS TO 10/190THS BY ASSIGNMENT RECORDED AUGUST 16, 1977 AS FILE NO. 77-334492 OF OFFICIAL RECORDS. A PORTION OF THE BENEFICIAL INTEREST OF FRONTIER SERVICE CORPORATION WAS ASSIGNED TO ROBERT S. GORDON AND ROSE K. GORDON, HUSBAND AND WIFE ROBERT S. GORDON, JR. AND JEAN K. GORDON, SON AND DAUGHTER ALL AS JOINT TENANTS AS TO 10/190THS BY ASSIGNMENT RECORDED AUGUST 16, 1977 AS FILE NO. 77-334493 OF OFFICIAL RECORDS. A PORTION OF THE BENEFICIAL INTEREST OF FRONTIER SERVICE CORPORATION WAS ASSIGNED TO GLORIA J. TIEDRICH AND JILL TIEDRICH, MOTHER AND DAUGHTER AS JOINT TENANTS AS TO 20/190THS BY ASSIGNMENT RECORDED AUGUST 16, 1977 AS FILE NO. 77-334494 OF OFFICIAL RECORDS. A PORTION OF THE BENEFICIAL INTEREST OF FRONTIER SERVICE CORPORATION WAS ASSIGNED TO HAROLD E. CASTEEL AND MILDRED CASTEEL, HUSBAND AND WIFE AS JOINT TENANTS AS TO 15/190TH BY ASSIGNMENT RECORDED AUGUST 16, 1977 AS FILE NO. 77-334495 OF OFFICIAL RECORDS. A PORTION OF THE BENEFICIAL INTEREST OF FRONTIER SERVICE CORPORATION WAS ASSIGNED TO SAMUEL L. SINGER AND DORIS G. SINGER, HUSBAND AND WIFE AS TRUSTEES FOR ROBERT SINGER, BRADLEY SINGER AND DOUGLAS SINGER AS TO 10/190THS BY ASSIGNMENT RECORDED AUGUST 16, 1977 AS FILE NO. 77-334496 OF OFFICIAL RECORDS. A PORTION OF THE BENEFICIAL INTEREST OF FRONTIER SERVICE CORPORATION WAS ASSIGNED TO VELMA A. SCHOUTEN, A WIDOW AS TO 15/190THS BY ASSIGNMENT RECORDED AUGUST 16, 1977 AS FILE NO. 77-334497 OF OFFICIAL RECORDS. A PORTION OF THE BENEFICIAL INTEREST OF FRONTIER SERVICE CORPORATION WAS ASSIGNED TO JACQUELINE SCHOUTEN, A SINGLE WOMAN AS TO 20/190THS BY ASSIGNMENT RECORDED AUGUST 16, 1977 AS FILE NO. 77-334498 OF OFFICIAL RECORDS. A PORTION OF THE BENEFICIAL INTEREST OF FRONTIER SERVICE CORPORATION WAS ASSIGNED TO LEWIS F. REYBURN AND VIRGINIA REYBURN, HUSBAND AND WIFE AS JOINT TENANTS AS TO 25/190THS BY ASSIGNMENT RECORDED AUGUST 16, 1977 AS FILE NO. 77-334499 OF OFFICIAL RECORDS. PAGE 20 ORDER NO. 977570-18 A PORTION OF THE BENEFICIAL INTEREST OF FRONTIER SERVICE CORPORATION WAS ASSIGNED TO SUCHER GUTHERZ AND JUDITH GUTHERZ, HUSBAND AND WIFE AND PAMELA GUTHERZ POYOUROW, A MARRIED WOMAN, FATHER, MOTHER AND DAUGHTER AS JOINT TENANTS AS TO 10/190THS BY ASSIGNMENT RECORDED AUGUST 16, 1977 AS FILE NO. 77-334500 OF OFFICIAL RECORDS. AFFECTS PARCEL B WITH OTHER PROPERTY. 41. THE FACT THAT SAID LAND LIES WITHIN THE VILLAGE AREA REDEVELOPMENT PLAN BOUNDARIES FOR THE CITY OF CARLSBAD, AS DISCLOSED BY INSTRUMENT RECORDED AUGUST 17, 1981 AS FILE NO. 81- 261825 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 42. DEED RESTRICTIONS CONCERNING THE USE AND ENJOYMENT OF THE HEREIN DESCRIBED PROPERTY, IN ACCORDANCE WITH COASTAL DEVELOPMENT PERMIT NO. 6-83-97, AS SET FORTH IN INSTRUMENT RECORDED AUGUST 21, 1984 AS FILE NO. 84-318193 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AFFECTS PARCEL F. 43. AN EASEMENT FOR INGRESS AND EGRESS AND PUBLIC RECREATION PURPOSES AND INCIDENTAL USES INCLUDING, BUT NOT LIMITED TO, PARKING, FISHING, PICNICKING, GENERAL VIEWING, PUBLIC PROTECTION, POLICING AND EROSION CONTROL. AFFECTS PARCEL F. 44. THE PUBLIC RIGHTS, IF ANY, OF NAVIGATION AND FISHERY. AFFECTS PARCEL F. 45. ANY ADVERSE CLAIM TO ANY PORTION OF SAID LAND WHICH HAS BEEN CREATED BY ARTIFICIAL MEANS OR HAS ACCRETED TO SUCH PORTION SO CREATED. AFFECTS PARCEL F. 46. EASEMENTS AND RIGHTS OF WAY FOR ROAD, PUBLIC OR PRIVATE UTILITIES AND APPURTENANCES THERETO, AS RESERVED OR CONVEYED IN VARIOUS DEEDS OF RECORD. AFFECTS: EASEMENT PARCEL Al. PAGE 21 ORDER NO. 977570-18 1988-1989 TAX INFORMATION: CODE AREA: PARCEL NO.: 1ST INSTALMENT: 2ND INSTALUIENT: LAND VALUE: IMPROVEMENTS: EXEMPT: 09000 203-025-01 $10.10 PAID $10.10 PAID $599.00 $-0- $-0- PAGE 22 ORDER NO. 977570-18 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: PARCEL A; THAT PORTION OF LOT 47 OF GRANVILLE PARK AND THAT PORTION OF LAGUNA DRIVE ADJACENT THERETO (VACATED BY RESOLUTION NO. 918 OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, RECORDED JULY 19, 1963 AS FILE NO. 126793 OF OFFICIAL RECORDS OF SAN DIEGO COtJNTY, CALIFORNIA) IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1782, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT IN THE EASTERLY LINE OF MOUNTAIN VIEW DRIVE AS SHOWN ON SAID MAP NO. 1782, SAID POINT BEING ON A CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 268.03 FEET A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 57*36*45" WEST (RECORD SOUTH 58*14*45" WEST PER SAID MAP NO. 1782) ; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 2*08*16", A DISTANCE OF 10.00 FEET TO THE TRUE POINT OF BEGINNING; THE LAST SAID CURVE IS ALONG THE NORTHEASTERLY LINE OF MOUNTAIN VIEW DRIVE (BEING ALSO THE SOUTHWESTERLY LINE OF SAID LOT 47); THENCE LEAVING SAID NORTHEASTERLY LINE OF MOUNTAIN VIEW DRIVE, NORTH 3*43*49" WEST, 139.99 FEET; THENCE NORTH 15*17*29" WEST 59.75 FEET TO A POINT IN THE NORTHWESTERLY LINE OF SAID LAGUNA DRIVE (VACATED), SAID NORTHWESTERLY LINE ALSO BEING THE SOUTHEASTERLY LINE OF LOT "A" OF GRANVILLE PARK UNIT NO. 2 ACCORDING TO MAP THEREOF NO. 2037, FllZD IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, SAID POINT BEING ON A CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 207.16 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 45*21*44" WEST; THENCE NORTHEASTERLY ALONG THE ARC OF LAST SAID CURVE AND ALONG THE NORTHWESTERLY LINE OF SAID LAGUNA DRIVE (VACATED), THROUGH A CENTRAL ANGLE OF 12*35*14", A DISTANCE OF 45.51 FEET TO A POINT ON THE SOUTHWESTERLY RIGHT OF WAY LINE OF THE ATCHISON TOPEKA AND SANTA FE RAILROAD (200 FEET WIDE) AS SHOWN ON SAID MAP NO. 1782, SAID POINT BEING ON A CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 1532.69 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 39*44*30" WEST (RECORD SOUTH 40*23*15" WEST PER SAID MAP NO. 1782); THENCE SOUTHEASTERLY ALONG THE ARC OF LAST SAID CURVE BEING THE SOUTHWESTERLY RIGHT OF WAY LINE OF SAID ATCHISON TOPEKA AND SANTA FE RAILROAD AND THE NORTHEASTERLY LINE OF SAID LAGUNA DRIVE (VACATED) AND SAID LOT 47, THROUGH A CENTRAL ANGLE OF 6*24*00" (RECORD 6*23*56" PER SAID MAP NO. 1782), A DISTANCE OF 171.20 FEET (RECORD 171.18 FEET PER SAID MAP NO. 1782) TO AN ANGLE POINT IN THE NORTHEASTERLY LINE OF SAID LOT 47 AS SHOWN ON SAID MAP PAGE 23 ORDER NO. 977570-18 NO. 1782); THENCE CONTINUING ALONG THE NORTHEASTERLY LINE OF SAID LOT 47, SOUTH 41*48*00" EAST (RECORD SOUTH 41*10' EAST PER SAID MAP NO. 1782), A DISTANCE OF 220.72 FEET TO A POINT IN THE WESTERLY LINE OF RIGHT OF WAY TO STATE OF CALIFORNIA RECORDED OCTOBER 15, 1925 IN BOOK 1128, PAGE 289 OF DEEDS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA; THENCE ALONG THE WESTERLY LINE OF SAID RIGHT OF WAY, SOUTH 03*16*00" WEST, '44.08 FEET TO A POINT IN THE SOUTHEASTERLY LINE OF SAID LOT 47; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID LOT 47, SOtJTH 54'22'00" WEST (RECORD SOUTH 55'00* WEST PER SAID MAP NO. 1782) A DISTANCE OF 93.33 FEET TO THE MOST SOUTHERLY CORNER THEREOF, SAID CORNER BEING ON THE NORTHEASTERLY LINE OF SAID MOUNTAIN VIEW DRIVE AND SAID CORNER BEING ON A CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 350.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 31'15*00" EAST (RECORD NORTH 31'53* EAST PER SAID MAP NO. 1782); THENCE NORTHWESTERLY ALONG THE SOUTHWESTERLY LINE OF SAID LOT 47 AND THE NORTHEASTERLY LINE OF SAID MOUNTAIN VIEW DRIVE ON THE ARC OF LAST SAID CURVE, THROUGH A CENTRAL ANGLE OF 13'48*22", A DISTANCE OF 84.34 FEET (RECORD 84.32 FEET PER SAID MAP NO. 1782) TO THE BEGINNING OF A REVERSE CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 268.03 FEET; THENCE NORTHWESTERLY ALONG THE SOUTHWESTERLY LINE OF SAID LOT 47 AND THE NORTHEASTERLY LINE OF SAID MOUNTAIN VIEW DRIVE ON THE ARC OF LAST SAID CURVE, THROUGH A CENTRAL ANGLE OF 38*01*51", A DISTANCE OF 177.91 FEET TO THE TRUE POINT OF BEGINNING. TOGETHER WITH LOT 131 OF GRANDVILLE PARK NO. 2, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2037, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 18, 1927. PARCEL Al; AN EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS FOR THE PURPOSE OF REPAIR AND MAINTENANCE OF EXISTING TENNIS COURT FACILITIES OVER THE EASTERLY 2.00 FEET OF ALL THAT PORTION OF LOT 47, AND THAT PORTION OF LAGUNA DRIVE ADJACENT TO SAID LOT 47 (VACATED BY RESOLUTION NO. 918 OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, RECORDED JULY 19, 1963 AS FILE NO. 126793 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY, CALIFORNIA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1782, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 21, 1924, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE EASTERLY LINE OF MOUNTAIN VIEW DRIVE AS SHOWN ON SAID MAP NO. 1782, SAID POINT BEING ON A CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 268.03 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 57*36*45" WEST (RECORD - NORTH 58*14*45" EAST PER SAID MAP NO. 1782); THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 12*59*27", A DISTANCE OF 60.77 FEET; THENCE TANGENT TO LAST MENTIONED CURVE, NORTH 19*23*48" WEST (RECORD PAGE 24 ORDER NO. 977570-18 - NORTH 18'45'58" WEST), 88.96 FEET TO A POINT IN THE SOUTHEASTERLY LINE OF LOT "A" OF GRANVILLE PARK NO. 2, ACCORDING TO MAP THEREOF NO. 2037 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA, SAID POINT ALSO BEING ON THE NORTHWESTERLY LINE OF SAID PORTION OF LAGUNA DRIVE AS VACATED) , SAID POINT BEING ON THE ARC OF A CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 207.16 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 62*41*43" WEST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE AND ALONG THE SOUTHEASTERLY LINE OF SAID LOT "A" (BEING ALSO ALONG THE NORTHWESTERLY LINE OF SAID PORTION OF LAGUNA DRIVE AS VACATED) , THROUGH A CENTRAL ANGLE OF 17'19'59", A DISTANCE OF 62.67 FEET; THENCE LEAVING SAID LINE, SOUTH 15'17*29" EAST, 59.75 FEET; THENCE SOUTH 03*43*49" EAST, 139.99 FEET TO A POINT ON THE EASTERLY LINE OF MOUNTAIN VIEW DRIVE AS SHOWN ON SAID MAP NO. 1782 (SAID EASTERLY LINE BEING ALSO THE WESTERLY LINE OF LOT 47 OF SAID MAP NO. 1782) SAID POINT BEING ON THE ARC OF A CURVE, CONCAVE EASTERLY HAVING A RADIUS OF 268.03 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 55*28*29" WEST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 02*08*16" A DISTANCE OF 10.00 FEET TO THE TRUE POINT OF BEGINNING. SAID 2.00 FOOT EASEMENT BEING MEASURED AT RIGHT ANGLES TO THAT COURSE DESCRIBED AS SOUTH 03*43*49" EAST, 139.99 FEET. THE WESTERLY LINE OF SAID 2.00 FEET SHALL BE PROLONGED SO AS TO BEGIN FROM THAT COURSE DESCRIBED AS SOUTH 15*17*29" EAST AND SHALL BE SHORTENED SO AS TO TERMINATE IN THE EASTERLY LINE OF SAID MOUNTAIN VIEW DRIVE. PARCEL P; LOT 46 OF GRANDVILLE PARK, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1782, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 21, 1924. PARCEL C: LOTS 98 THROUGH 101 INCLUSIVE OF GRANDVILLE PARK NO. 2, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2037, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 18, 1927. TOGETHER WITH THAT PORTION OF BLOCK 3 OF TOWN OF CARLSBAD, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 775, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 15, 1894, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF SAID BLOCK 3; THENCE SOUTHEASTERLY ALONG THE SOUTHWESTERLY LINE OF SAID BLOCK 80 FEET; THENCE EASTERLY TO A POINT IN THE NORTHERLY LINE OF SAID BLOCK DISTANT THEREON 190 FEET EASTERLY FROM THE POINT OF BEGINNING; THENCE PAGE 25 ORDER NO. 977570-18 WESTERLY ALONG SAID NORTHERLY LINE BEING ALSO THE SOUTHERLY LINE OF GRANVILLE PARK NO. 2, ACCORDING TO MAP THEREOF NO. 2037, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, JUNE 18, 1927, 190 FEET TO THE POINT OF BEGINNING. PARCEL D: LOTS 75, 76 AND LOTS 94 THROUGH 96 INCLUSIVE OF GRANDVILLE PARK NO. 2, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2037, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 18, 1927. PARCEL E; LOTS 153 THROUGH 170 AND LOTS 177 THROUGH 198 OF GRANDVILLE PARK NO. 2, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2037, FILED IN THE OFFICE OF THE COITNTY RECORDER OF SAN DIEGO COUNTY, JUNE 18, 1927. TOGETHER WITH THAT PORTION OF CYPRESS AVENUE AND DEL MAR AVENUE LYING NORTHEASTERLY OF THE NORTHEASTERLY RIGHT OF WAY LINE OF COAST HIGHWAY, ALSO TOGETHER WITH THAT PORTION OF THE UNNAMED ALLEY ADJOINING SAID LOTS 153 THROUGH 170 INCLUSIVE, ON THE NORTHEAST AND LYING SOUTHERLY A LINE DRAWN RADIALLY FROM THE NORTHWEST CORNER OF LOT 178, ALSO TOGETHER WITH ALL THAT PORTION OF SYCAMORE STREET, AS ALL WERE VACATED AND CLOSED TO PUBLIC USE BY ORDER OF THE BOARD OF SUPERVISORS, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 13, 1933 IN BOOK 207, PAGE 217 OF OFFICIAL RECORDS. PARCEL r; THAT PORTION OF BLOCKS 1 AND 2 OF OCEANSIDE ADDITION TO CARLSBAD, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 893, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 8, 1903, TOGETHER WITH THE ALLEY LYING WITHIN BLOCK 2 AND THAT PORTION OF OCEAN PARK AVENUE LYING BETWEEN SAID BLOCKS 1 AND 2 AS VACATED AND CLOSED TO PUBLIC USE IN ORDER OF THE BOARD OF SUPERVISORS, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 2, 1925 IN BOOK 751, PAGE 332 OF DEEDS. TOGETHER WITH THAT PORTION OF LOT 1, BLOCK "A" OF HAYES LAND COMPANY ADDITION TO CARLSBAD MAP NO. 2, IN THE CITY OF CARLSBAD COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1221, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 4, 1909, TOGETHER WITH A PORTION OF THAT 5 FOOT STRIP OF LAND LYING PAGE 26 ORDER NO. 977570-18 NORTHERLY OF AND ADJACENT TO SAID LOT 1, IN BLOCK "A" OF MAP NO. 1221, BEING DESCRIBED AS A WHOLE AS FOLLOWS: BEGINNING AT A POINT IN THE SOUTHWESTERLY LINE OF SAID LOT 1, DISTANT THEREON, NORTH 36*00*00" WEST, 103.57 FEET FROM THE MOST SOUTHERLY CORNER OF SAID LOT 1; THENCE CONTINUING ALONG SAID SOUTHWESTERLY LINE AND ITS NORTHWESTERLY PROLONGATION, NORTH 36'00'00" WEST, 24.59 FEET TO THE NORTHERLY LINE OF SAID MAP NO. 1221; THENCE ALONG SAID NORTHERLY LINE, NORTH 89'41*00" EAST, 42.15 FEET; THENCE LEAVING SAID NORTHERLY LINE, SOUTH 54*00*00" WEST, 34.24 FEET TO THE POINT OF BEGINNING. ALSO TOGETHER WITH THE SOUTHWESTERLY HALF OF OCEAN STREET LYING SOUTHEASTERLY OF THE SOUTHEASTERLY RIGHT OF WAY OF PACIFIC AVENUE AND NORTHWESTERLY OF THE SOUTHEASTERLY RIGHT OF WAY OF LA CRESTA AVENUE AS VACATED AND CLOSED TO PUBLIC USE BY ORDER OF THE BOARD OF SUPERVISORS, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 13, 1933 IN BOOK 207, PAGE 217 OF OFFICIAL RECORDS. EXCEPTING THEREFROM THAT PORTION LYING NORTHERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE MOST EASTERLY CORNER OF GRANVILLE PARK, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO, 1782, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 21, 1924; THENCE ALONG THE SOUTHERLY BOUNDARY THEREOF SOUTH 55* WEST TO THE MOST EASTERLY CORNER OF LOT 6; THENCE LEAVING SAID SOUTHERLY BOUND/OIY SOUTH 57*29* WEST TO THE MEAN HIGH TIDE LINE OF THE PACIFIC OCEAN BEING THE POINT OF TERMINUS. ALSO EXCEPTING THEREFROM THAT PORTION LYING NORTHEASTERLY OF THE SOUTHWESTERLY BOUNDARY OF GRANVILLE PARK NO. 2, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 2037, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 18, 1927. ALSO EXCEPTING THEREFROM THAT PORTION OF LOT 1, IN BLOCK 2, DF OCEANSIDE ADDITION TO CARLSBAD, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 893, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF BLOCK "A", OF THE HAYES LAND COMPANY ADDITION TO CARLSBAD, MAP NO. 2 ACCORDING TO MAP THEREOF NO. 1221, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, NOVEMBER 4, 1909, WITH THE SOUTHWESTERLY LINE OF OCEAN STREET, 40 FEET WIDE, AS SHOWN ON SAID MAP NO. 1221; THENCE NORTHWESTERLY ALONG SAID SOUTHWESTERLY LINE OF OCEAN STREET BEING ALSO THE ARC OF A 60 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY 24.15 FEET THROUGH A CENTRAL ANGLE OF 23*03*30" TO A POINT IN A RADIAL LINE PAGE 27 ORDER NO. 977570-18 OF SAID CURVE BEARS SOUTH 77* 03'30" WEST TO SAID POINT; THENCE LEAVING THE ARC OF SAID CURVE AND SAID SOUTHWESTERLY LINE OF OCEAN STREET, SOUTH 54*00'00" WEST 37.51 FEET TO A POINT IN SAID NORTHERLY LINE OF MAP NO. 1221; THENCE ALONG SAID NORTHERLY LINE NORTH 89'41'00" EAST 40.28 FEET TO THE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM THE SOUTHEASTERLY 10.00 FEET OF SAID OCEAN STREET VACATION HEREINABOVE DESCRIBED. PARCEL C: LOTS 58 THROUGH 73 INCLUSIVE, LOTS 102 THROUGH 130 INCLUSIVE, AND LOTS 132 THROUGH 150 INCLUSIVE OF GRANDVILLE PARK NO. 2, IN THE CITY OF CARLSBAD, COUNTY OF STkN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2037, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 18, 1927. TOGETHER WITH ALL THOSE PORTIONS OF THE UNNAMED ALLEY LYING NORTHEASTERLY OF SAID LOTS 102, 107, 108, 116 AND 117 AS VACATED AND CLOSED TO PUBLIC USE BY ORDER OF THE BOARD OF SUPERVISORS, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 21, 1928 IN BOOK 1433, PAGE 195, DECEMBER 21, 1928 IN BOOK 1568, PAGE 179 AND DECEMBER 15, 1930 IN BOOK 1844 PAGE 209, ALL OF DEEDS. ALSO TOGETHER WITH THAT PORTION OF OCEAN STREET LYING NORTHWESTERLY OF THE NORTHWESTERLY BOUNDARY OF TOWN OF CARLSBAD, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 775, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 15, 1894 AND SOUTHERLY OF A LINE PARALLEL WITH AND 10.00 FEET NORTHWESTERLY AT RIGHT ANGLES TO THE SOUTHWESTERLY PROLONGATION OF THE NORTHWESTERLY BOUNDARY OF LOTS 66 AND 73 OF SAID GRANDVILLE PARK NO. 2 AS VACATED AND CLOSED TO PUBLIC USE BY ORDER OF THE BOARD OF SUPERVISORS, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 15, 1930 IN BOOK 1844, PAGE 209 OF DEEDS AND ALSO THE NORTHEASTERLY HALF OF SAID OCEAN STREET LYING SOUTHEASTERLY OF THE SOUTHEASTERLY RIGHT OF WAY OF PACIFIC AVENUE VACATED AND CLOSED TO PUBLIC USE BY ORDER OF THE BOARD OF SUPERVISORS, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 13, 1933 IN BOOK 207, PAGE 217 OF OFFICIAL RECORDS. ALSO TOGETHER WITH THOSE PORTIONS OF MAR VISTA STREET LYING SOUTHEASTERLY OF THE SOUTHEASTERLY RIGHT OF WAY OF PACIFIC AVENUE AND LYING NORTHERLY OF THE NORTHWESTERLY PROLONGATION OF LOT 104 OF SAID GRANVILLE PARK NO. 2 AS VACATED AND CLOSED TO PUBLIC USE BY ORDER OF THE BOARD OF SUPERVISORS DESCRIBED IN SAID BOOK 1844 PAGE 209 OF DEEDS AND SAID BOOK 207, PAGE 217 OF OFFICIAL RECORDS. PAGE 28 ^ • ORDER NO. 977570-18 ALSO TOGETHER WITH ALL THAT PORTION OF LA CRESTA AVENUE LYING WESTERLY OF THE WESTERLY RIGHT OF WAY OF COAST HIGHWAY AS VACATED AND CLOSED TO PUBLIC USE BY ORDER OF THE BOARD OF SUPERVISORS DESCRIBED IN SAID BOOK 207, PAGE 217 OF OFFICIAL RECORDS. ALSO TOGETHER WITH ALL THE PORTION OF DEL MAR AVENUE LYING WESTERLY OF THE WESTERLY RIGHT OF WAY OF COAST HIGHWAY AS VACATED AND CLOSED TO PUBLIC USE BY ORDER OF THE BOARD OF SUPERVISORS DESCRIBED IN SAID BOOK 1844 PAGE 209 OF DEEDS. EXCEPTING THEREFROM ALL THAT PORTION OF OCEAN STREET LYING WESTERLY OF AND ADJOINING SAID LOT 74 AND LYING SOUTHEASTERLY OF THE CENTER LINE OF DEL MAR AVENUE AND THE WESTERLY EXTENSION OF SAID CENTER LINE, ALL THAT PORTION OF THE SOUTHEASTERLY HALF OF DEL MAR AVENUE EXTENDING FROM THE WESTERLY LINE OF OCEAN STREET TO THE CENTER LINE OF MAR VISTA ALSO ALL THAT PORTION OF THE WESTERLY HALF OF MAR VISTA LYING EASTERLY OF AND ADJOINING SAID LOT 97 AND EXTENDING NORTHERLY FROM THE WESTERLY EXTENSION OF THE NORTHERLY LINE OF CYPRESS AVENUE TO THE SOUTHEASTERLY LINE OF SAID DEL MAR AVENUE, AS DESCRIBED IN DEED TO RAYMOND C. EDE ET UX, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 12, 1946 IN BOOK 2304, PAGE 251 OF OFFICIAL RECORDS. PAGE 29 Citv of Carlsbad Housing & Redeveiopment Department January 28, 1993 TOM COX MUSSER & COX ARCHITECTS 3184-B AIRWAY AVENUE COSTA MESA, CA. 92626 RE: ARMY NAVY ACADEMY MASTER SITE PLAN Dear Tom: It is my understanding that you met with Don Neu, of the Planning Department, and requested a letter outlining the Carlsbad Redevelopment Agency's current position on the various issues summarized in the previous Director's (Kathy Graham) letter dated February 21, 1992. We appreciate your patience and continued cooperation in woricing with the Redevelopment Agency on your proposed Master Plan for the Army Navy Academy. The following represents the Agency's current position on the listed issues: 1. PEDESTRIANIZATION OF CYPRESS STREET - The Redevelopment Agency has no objection to this action. However, this is an issue which is best addressed by the City's Planning and/or Engineering Department(s). 2. JOINT USE OF GYMNASIUM AS FUTURE THEATER - After further consideration of this issue, it is apparent that joint use of the theater is not necessary for Redevelopment purposes. The Village Redevelopment Plan prohibits condemnation of public agency property and we currently do not have funds available to assist with renovation of the theater. Therefore, it is not likely that we can provide any assistance which might encourage you to make this facility available for joint public/private use. We would encourage you to use this facility in the manner which best addresses the needs of the Army Navy Academy. 3. RED APPLE INN - No change in position. 4. RECREATION BUILDING ON OCEAN STREET - No change in position. 5. VIEW CORRIDOR TO THE OCEAN - No change in position. 2965 Rooseveit St., Suite B • Carlsbad, California 92008-2389 • (619) 434-2810/2811 6. VEHICLE ACCESS FROM CARLSBAD BOULEVARD TO ACADEMY - No change in position. However, this issue is best addressed by the Engineering Department. 7. STATE-OWNED PROPERTY (BEECH AND CARLSBAD BOULEVARD) - The previous discussion involved the City/Agency's assis'^ance in acquiring the state-owned property on corner of Beech and Carlsbad Boulevard in exchange for joint use of a proposed new theater and parking structure. As stated previously, the Agency does not have the power to condemn the property nor any funds to assist in the acquisition. Therefore, we would not be able to assist in the Army Navy Academy's efforts to purchase the noted site. 8. NEW PARKING AREA/STRUCTURE - We have changed our position on the joint use of the parking structure. We still agree that the proposed new parking area is very desirable, and may be necessary, to adequately provide for parking for the Academy, the athletic fields and new theater. However, we no longer wish to participate in the construction of a parking structure to use for public parking purposes. The site for the proposed parking lot is not at a location which would be beneficial to the Village as a whole. Therefore, we encourage you to use the parking lot for purposes which best meet the needs of the Army Navy Academy. 9. LINEAR PARK ALONG RAILROAD FROM BEECH TO BUENA VISTA LAGOON - We still support the idea of developing a linear park along the railroad right-of-way. With the impending construction of the new Transit Center at Grand Avenue and implementation of the Commuter Rail System, beautification of the railroad right-of-way is very desirable. The issue of linear parks along the railroad right-of-way has been discussed and generally supported by the Village Redevelopment Area Master Plan Advisory Committee. Therefore, we will continue to support inclusion of a linear park in the Army Navy Academy Master Plan. 10. UNDERGROUNDING OF UTILITIES - No change in position. 11. CYPRESS AND DEL MAR RIGHT-OF-WAY PROBLEMS - No change in position. 12. PROJECT PROCESSING - We believe that Don Neu is processing this project in a highly acceptable manner. Therefore, we do not believe it is necessary for Redevelopment Staff to "chaperon" this project through the processing system. 13. DISPOSITION AND DEVELOPMENT AGREEMENT - Based on the fact that we no longer believe the joint use facilities are desirable and/or necessary for redevelopment purposes and, in fact, the Redevelopment Agency can provide no financial assistance to the Army Navy Academy for this project, a disposition and development agreement is not recjuired or needed. Processing of the Master Plan can continue without any further action by the Redevelopment Department. The Carlsbad Redevelopment Agency continues to be supportive of the Master Site Plan for the Army Navy Academy. The efforts to upgrade existing buildings will be beneficial to both the Academy and the Village Redevelopment Area as a whole. If you have any questions or comments regarding this correspondence, please contact my office at 434-2815 or Debbie Fountain, of my staff, at 434-2935. Sincerely, EVAN E. BECKER Housing and Redevelopment Director c: Community Development Director Senior Planner, Don Neu E t HOUSiNG AND REDEVELOPIVIENT REDEVELOPMENT OFFICE 2965 Roosevelt Street Suite B Carlsbad, CA 92008 (619) 434-2811 (CttQ 0f (Earlfibaii FEBRUARY 21, 1992 TOM COX JEFF STOUTENBOROUGH MUSSER & COX ARCHITECTS 3184-B AIRWAY AVENUE COSTA MESA, CA. 92 62 6 RE: ARMY NAVY AC2a)EMY HASTER SITE PLAN DISCUSSIONS Dear Tom & Jeff: Per our conversation on Thursday, February 13, 1992, the following provides a summary of the issues which have been discussed between the Carlsbad Housing and Redevelopment Department and your office on the Master Site Plan for the Army Navy Academy: 1. PEDESTRIANIZATION OF CYPRESS STREET - We understand that the partial pedestrianization of Cypress Street is desirable for student safety and traffic circulation reasons. 2. JOINT USE OF GYMNASIUM AS FUTURE THEATER - Redevelopment staff advised Army Navy Academy that the City has been looking for a site for a performing arts theater. The Army Navy Academy agreed to discuss and show the proposed renovation of the existing gymnasium into a joint use theater on their plans if the City will consider using Redevelopment•s ability to facilitate obtainment of the "State Parcel" for a site to build a replacement gym with the possibility of Redevelopment funding to become available for renovating the theater. We agreed that a decorative walkway connecting the proposed parking structure with the theater is also desirable. 3. APPLE INN - We agreed that the Army Navy Academy should retain use of the historic Red Apple Inn building. We agreed that preservation of the building is critical. To reduce the "wear and tear" on the building, Army Navy Academy has proposed to change the use of the Red Apple Inn from the dining commons to administrative offices. The dining commons will be moved to the west side of the property. 4. RECREATION BUILDING ON OCEAN STREET - To preserve views of the ocean, Army Navy Academy has proposed to depress the recreation hall building. The roofline will be 4 feet above street level. This will enhance and preserve the view corridor. Housing and Redevelopment is supportive of this proposed action. 5. VIEW CORRIDOR - The Housing and Redevelopment Department is supportive of actions by the Army Navy Academy to "open up" more view corridors to the ocean. We believe this will gain favor with the Coastal Commission. 6. VEHICLE ACCESS FROM CARLSBAD BOULEVARD TO ACADEMY - Upon direction of the City Traffic Engineer, no vehicle access will be provided from Academy (out of parking lot) to Carlsbad Boulevard. Access to Academy would be provided off of existing streets (Mountain View Drive, Pacific Avenue, and Cypress Avenue). 7. STATE-OWNED PROPERTY (BEECH AND CARLSBAD BLVD.) - We agreed to discuss the City/Agency's assistance in acquisition of State-owned property on corner of Beech and Carlsbad Boulevard in exchange for joint use of a proposed new theater and parking structure which will provide Lagoon ingress/egress. The Army and Navy Academy has proposed to consolidate all physical education activities on it's property adjacent to the State's property. New parking spaces would be provided off of Beech if this property is acquired. 8. NEW PARKING AREA/STRUCTURE - We agreed that the idea of a proposed new parking area to provide overflow parking for the Academy, the athletic fields, lagoon and proposed new theater is a good idea. The Redevelopment Agency may also want to participate in building a parking structure to accommodate joint use of the theater by the City and Army and Navy Academy. Housing and Redevelopment Department is also supportive of the new parking area/structure because it may provide the City with open access to Buena Vista Lagoon (gateway entry). 9. LINEAR PTOIK ALONG RAILROAD FROM BEECH TO BUENA VISTA LAGOON - Housing and Redevelopment Staff advised that a linear park inside the railroad right-of-way is being planned. Musser & Cox: Architects agreed to show some suggestions for how the linear park might be developed and agreed to tie the linear park to existing public right-of- way and the potential joint use parking structure. Army and Navy Academy agreed to tie the linear park nodes into the scheme for their master site plan as a "good neighbor" gesture to the City of Carlsbad. 10. UNDERGROUNDING OF UTILITIES - The Housing and Redevelopment Department offered to cooperate with the school and explore any funding sources for the undergrounding of major utilities on the Army Navy Academy property and adjacent property. 11. CYPRESS & DEL MAR RIGHT-OF-WAY PROBLEMS - We discussed the problems with "right-of-way" on Cypress and Del Mar. Army Navy Academy agreed to resolve these issues within the proposed Master Site Plan. 12. PROJECT PROCESSING - Housing and Redevelopment Staff agreed to "chaperon" project through processing system. We agreed that this would be a tremendous asset to the project. 13. DISPOSITION AND DEVELOPMENT AGREEMENT - A Disposition and Development Agreement (DDA) is the next step to outline the expectations and benefits to both the City and the Academy of various proposed facilities on the Army Navy Academy property (i.e., parking facility, theater, etc.) and any assistance to be provided on behalf of the City/Agency for the project. A DDA is typically prepared through negotiations between the Carlsbad Redevelopment Agency and Army Navy Academy (Jim Dorman, Attorney) upon direction by the Housing and Redevelopment Commission/City Council. The Master Site Plan will be taken forward to the Housing and Redevelopment Commission/City Council in its "conceptual stage" as an exhibit for the purpose of discussing the City/Agency's desire to enter into exclusive negotiations for this project. If the Housing and Redevelopment Commission/City Council wants to pursue negotiations with the Army Navy Academy, staff will proceed as instructed and prepare the appropriate documents. All of the above issues have been discussed during several preliminary meetings held between your office, as representative of the Army Navy Academy, and City staff. If you believe there are additional issues which were not addressed above or corrections to the listed issues, please contact Debbie Fountain or myself at (619) 434-2811. The Carlsbad Redevelopment Agency is supportive of the Master Site Plan for the Army Navy Academy. We believe all efforts to upgrade existing buildings located on the Army Navy Academy property will be beneficial to the Village Redevelopment Project Area. GoocL^Luck with the project! i REDEVELOPMENT DIRECTOR J C: DEBBIE FOUNTAIN, PROJECT MANAGER DON NEU, PROJECT PLANNER JIM DAVIS, PROJECT ENGINEER MARTY ORENYAK, COMMUNITY DEVELOPMENT DIRECTOR HOUSiNG AND REDEVELOPMENT REDEVELOPMENT OFFiCE 2965 Roosevelt Street Suite B Carlsbad, CA 92008 (619) 434-2811 (Eito of (Earlfibaii FEBRUARY 21, 1992 TOM COX JEFF STOUTENBOROUGH MUSSER & COX ARCHITECTS 3184-B AIRWAY AVENUE COSTA MESA, CA. 92626 RE: ARMY NAVY ACADEMY MASTER SITE PLAM DISCUSSIONS Dear Tom & Jeff: Per our conversation on Thursday, February 13, 1992, the following provides a summary of the issues which have been discussed between the Carlsbad Housing and Redevelopment Department and your office on the Master Site Plan for the Army Navy Academy: 1. PEDESTRIANIZATION OF CYPRESS STREET - We understand that the partial pedestrianization of Cypress Street is desirable for student safety and traffic circulation reasons. 2. JOINT USE OF GYMNASIUM AS FUTURE THEATER - Redevelopment staff advised Army Navy Academy that the City has been looking for a site for a performing arts theater. The Army Navy Academy agreed to discuss and show the proposed renovation of the existing gymnasium into a joint use theater on their plans if the City will consider using Redevelopment's ability to facilitate obtainment of the "State Parcel" for a site to build a replacement gym with the possibility Of Redevelopment funding to become available for renovating the theater. We agreed that a decorative walkway connecting the proposed parking structure with the theater is also desirable. 3. APPLE INN - We agreed that the Army Navy Academy should retain use of the historic Red Apple Inn building. We agreed that preservation of the building is critical. To reduce the "wear and tear" on the building. Army Navy Academy has proposed to change the use of the Red Apple Inn from the dining commons to administrative offices. The dining commons will be moved to the west side of the property. 4. RECREATION BUILDING ON OCEAN STREET - To preserve views of the ocean. Army Navy Academy has proposed to depress the recreation hall building. The roofline will be 4 feet above street level. This will enhance and preserve the view corridor. Housing and Redevelopment is supportive of this proposed action. 5. VIEW CORRIDOR - The Housing and Redevelopment Department is supportive of actions by the Army Navy Academy to "open up" more view corridors to the ocean. We believe this will gain favor with the Coastal Commission. 6. VEHICLE ACCESS FROM CARLSBAD BOULEVARD TO ACADEMY - Upon direction of the City Traffic Engineer, no vehicle access will be provided from Academy (out of parking lot) to Carlsbad Boulevard. Access to Academy would be provided off of existing streets (Mountain View Drive, Pacific Avenue, and Cypress Avenue). 7. STATE-OWNED PROPERTY (BEECH AND CARLSBAD BLVD.) - We agreed to discuss the City/Agency's assistance in acquisition of State-owned property on corner of Beech and Carlsbad Boulevard in exchange for joint use of a proposed new theater and parking structure which will provide Lagoon ingress/egress. The Army and Navy Academy has proposed to consolidate all physical education activities on it's property adjacent to the State's property. New parking spaces would be provided off of Beech if this property is acquired. 8. NEW PARKING TOIEA/STRUCTURE - We agreed that the idea of a proposed new parking area to provide overflow parking for the Academy, the athletic fields, lagoon and proposed new theater is a good idea. The Redevelopment Agency may also want to participate in building a parking structure to accommodate joint use of the theater by the City and Army and Navy Academy. Housing and Redevelopment Department is also supportive of the new parking area/structure because it may provide the City with open access to Buena Vista Lagoon (gateway entry). 9. LINEAR PARK ALONG RAILROAD FROM BEECH TO BUENA VISTA LAGOON - Housing and Redevelopment Staff advised that a linear park inside the railroad right-of-way is being planned. Musser & Cox: Architects agreed to show some suggestions for how the linear park might be developed and agreed to tie the linear park to existing public right-of- way and the potential joint use parking structure. Army and Navy Academy agreed to tie the linear park nodes into the scheme for their master site plan as a "good neighbor" gesture to the City of Carlsbad. 10. UNDERGROUNDING OF UTILITIES - The Housing and Redevelopment Department offered to cooperate with the school and explore any funding sources for the undergrounding of major utilities on the Army Navy Academy property and adjacent property. 11. CYPRESS ft DEL MAR RIGHT-OF-WAY PROBLEMS - We discussed the problems with "right-of-way" on Cypress and Del Mar. Army Navy Academy agreed to resolve these issues within the proposed Master Site Plan. 12. PROJECT PROCESSING - Housing and Redevelopment Staff agreed to "chaperon" project through processing system. We agreed that this would be a tremendous asset to the project. 13. DISPOSITION AND DEVELOPMENT AGREEMENT - A Disposition and Development Agreement (DDA) is the next step to outline the expectations and benefits to both the City and the Academy of various proposed facilities on the Army Navy Academy property (i.e., parking facility, theater, etc.) and any assistance to be provided on behalf of the City/Agency for the project. A DDA is typically prepared through negotiations between the Carlsbad Redevelopment Agency and Army Navy Academy (Jim Dorman, Attorney) upon direction by the Housing and Redevelopment Commission/City Council. The Master Site Plan will be taken forward to the Housing and Redevelopment Commission/City Council in its "conceptual stage" as an exhibit for the purpose of discussing the City/Agency's desire to enter into exclusive negotiations for this project. If the Housing and Redevelopment Commission/City Council wants to pursue negotiations with the Army Navy Academy, staff will proceed as instructed and prepare the appropriate documents. All of the above issues have been discussed during several preliminary meetings held between your office, as representative of the Army Navy Academy, and City staff. If you believe there are additional issues which were not addressed above or corrections to the listed issues, please contact Debbie Fountain or myself at (619) 434-2811. The Carlsbad Redevelopment Agency is supportive of the Master Site Plan for the Army Navy Academy. We believe all efforts to upgrade existing buildings located on the Army Navy Academy property will be beneficial to the Village Redevelopment Project Area. GoocL^Luck with the project!! REDEVELOPMENT DIRECTOR J C: DEBBIE FOUNTAIN, PROJECT MANAGER DON NEU, PROJECT PLANNER JIM DAVIS, PROJECT ENGINEER MARTY ORENYAK, COMMUNITY DEVELOPMENT DIRECTOR Citv of Carlsbad Housing & Redeveiopment Department January 28, 1993 TOM COZ MUSSER & COX ARCHITECTS 3184-B AIRWAY AVENUE COSTA MESA, CA. 92626 RE: ARMY NAVY ACADEMY MASTER SITE PLAM Dear Tom: It is my understanding that you met with Don Neu, of the Planning Department, and requested a letter outlining the Carlsbad Redevelopment Agency's current position on the various issues summarized in the previous Director's (Kathy GreUiam) letter dated February 21, 1992. We appreciate your patience and continued cooperation in working with the Redevelopment Agency on your proposed Master Plan for the Army Navy Academy. The following represents the Agency's current position on the listed issues: 1. PEDESTRIANIZATION OF CYPRESS STREET - The Redevelopment Agency has no objection to this action. However, this is an issue which is best addressed by the City's Planning and/or Engineering Department(s). 2. JOINT USE OF GYMNASIUM AS FUTURE THEATER - After further consideration of this issue, it is apparent that joint use of the theater is not necessary for Redevelopment purposes. The Village Redevelopment Plan prohibits condemnation of public agency property and we currently do not have funds available to assist with renovation of the theater. Therefore, it is not likely that we can provide any assistance which might encourage you to make this facility available for joint public/private use. We would encourage you to use this facility in the manner which best addresses the needs of the Army Navy Academy. 3. RED APPLE INN - No change in position. 4. RECREATION BUILDING ON OCEAN STREET - No change in position. 5. VIEW CORRIDOR TO THE OCEAN - No change in position. 2965 Roosevelt St., Suite B • Carlsbad, California 92008-2389 • (619) 434-2810/2811 6. VEHICLE ACCESS FROM CARLSBAD BOULEVARD TO ACADEMY - No change in position. However, this issue is best addressed by the Engineering Department. 7. STATE-OWNED PROPERTY (BEECH AND CARLSBAD BOULEVARD) - The previous discussion involved the City/Agency's assistance in acquiring the state-owned property on corner of Beech and Carlsbad Boulevard in exchange for joint use of a proposed new theater and parking structure. As stated previously, the Agency does not have the power to condemn the property nor any funds to assist in the acquisition. Therefore, we would not be able to assist in the Army Navy Academy's efforts to purchase the noted site. 8. NEW PARKING AREA/STRUCTURE - We have changed our position on the joint use of the parking structure. We still agree that the proposed new parking area is very desirable, and may be necessary, to adequately provide for parking for the Academy, the athletic fields and new theater. However, we no longer wish to participate in the construction of a parking structure to use for public parking purposes. The site for the proposed parking lot is not at a location which would be beneficial to the Village as a whole. Therefore, we encourage you to use the parking lot for purposes which best meet the needs of the Army Navy Academy. 9. LINEAR PARK ALONG RAILROAD FROM BEECH TO BUENA VISTA hUGOOH - We still support the idea of developing a linear park along the railroad right-of-way. With the impending construction of the new Transit Center at Grand Avenue and implementation of the Commuter Rail System, beautification of the railroad right-of-way is very desirable. The issue of linear parks along the railroad right-of-way has been discussed and generally supported by the Village Redevelopment Area Master Plan Advisory Committee. Therefore, we will continue to support inclusion of a linear park in the Army Navy Academy Master Plan. 10. UNDERGROUNDING OF UTILITIES - No change in position. 11. CYPRESS AND DEL KkR RIGHT-OF-WAY PROBLEMS - No change in position. 12. PROJECT PROCESSINQ - We believe that Don Neu is processing this project in a highly acceptable manner. Therefore, we do not believe it is necessary for Redevelopment Staff to "chaperon" this project through the processing system. 13. DISPOSITION AND DEVELOPMENT AGREEMENT - Based on the fact that we no longer believe the joint use facilities are desirable and/or necessary for redevelopment purposes and, in fact, the Redevelopment Agency can provide no financial assistance to the Army Navy Academy for this project, a disposition and development agreement is not required or needed. Processing of the Master Plan can continue without any further action by the Redevelopment Department. The Carlsbad Redevelopment Agency continues to be supportive of the Master Site Plan for the Army Navy Academy. The efforts to upgrade existing buildings will be beneficial to both the Academy and the Village Redevelopment Area as a whole. If you have any questions or comments regarding this correspondence, please contact my office at 434-2815 or Debbie Fountain, of my staff, at 434-2935. Sincerely, EVAN E. BECKER Housing and Redevelopment Director c: Community Development Director Senior Planner, Don Neu /1 MUSSER&COX ARCHITECTS DATE: l/3l/'?^ TO: KCOSiCKGi « »^6TDev^LOPMeHT AHN: OE'BBIE "BXJHTA/K SUBJECT: K/Vfei^ACS ANA C^TVCO.HCC PUBUC H^A(e,N6 MCA JOB NUMBER: 5^0 2.^. o TRANSMIHED: Oi (0 F^SSEHTATlOt^ BCAa<=^ of TfeKNlCAL SfTE: f'LAN ^ CO ^' •« I uuuSTieATISS " 01 CO '« (Loisrwive " REMARKS: p^j^ TOOK as€ AS f^eQueSTe/>, UKD6^^STA/^(D TO PR^e/v/r H^Tr/€ f'MrK CDIHC^T F£><^ A^A TO CirT C<:>cPNc<C ^< ^ APPI'OVAL OF COfiCe/'T, Oui<: t<T6t ALSO 0WDc?i(£STArA/O Ttt/VT IS) DA^S ^T^M MOW, FROM: CC; VIA: ^A.MO 3184-B Airway Avenue/Costa Mesa, CA 92626/( 714) 545-8547 Type of Review MASTER SITE PLAN PROCESS - GOVERNMENTAL APPROVALS Materials Required Staff Preliminary Reviev\r Planning. Engineering. Redevelopmenl Slaff Review for Major Problems City Council Approval of Concept Major Redevelopment Permit Planning, Engineering, Redevelopmenl Staff Issues Worked Oul Master Site Plan, Opp/Conslrainls, Exisling vs. Proposed Drawings, Etc. as Appropriate Mounted Master Site Plan. 8 1/2" X 11" reduced xerox copies Government forms. Masier Site Plan Exhibits. Fee Followed up by Design Guidelines Booklet, Development Agreement '^DocumenlsN Submittal + ^blic Saring For portions of site outside the Redevelopment Area Planning Commission Approval Simultaneous Submittal and Review For portions of site inside the Redevelopment Area W Design Review Board Approval City Council Final Approval Copies of Master Site Plan Exhibits Applications, Slaff Report [to be prepared by Staff] Copies of Master Site Plan Exhibits Applications. Staff Report [to be prepared by Staff] + DRB recommendations ARMY and NAVY ACADEMY MASTER PLAN ARMY and NAVY ACADEMY CARLSBAD, CALIFORNIA Total Buikling Coverage: Parking Area Coverage: Open Space, including hardscape, pool, tennis courts, playing fiekis Total Site Area CITY OF CARLSBAD INFORMATION Applicant: Army & Navy Academy 2605 Carlsbad Boulevard Cartsbad, CA 92008 (619)729-2385 Application Type: Redevelopment Permit for Campus Master Plan Serving Utilities: Water, Sewer: Carhbad Municipal Water District 5950 El Camino Real Carlsbad. CA 92006 (6191 438-2722 Gas. Electric: San Diego Gas & Electric 101 Ash Street San Diego. CA 921012 1619) 239-4006 SDTE mim BUILDING TABULATION DATA JOe #: 89028 DATE: 11/19/91 0 50' 100' 200' ARMY and NAVY ACADEMY MASTER PLAN AR\n and NA\ > A( ADI MY C ARLSBAI). C ALIK)RNL\ ARMY and NAVY ACADEMY MASTER PLAN BUILDING TABULATION DATA DORMITORIES FACULTY HOUSING Apartmcm Building Commandant's Residence President's Residence Maintenance Supervisor's Residence ACADEMIC BUILDINGS 3) Photo Lab & Publications 4) Academic Offices 5) Special Studies Building 20) Science Hall 22) Library & Computer Learning Cente 23) Guard Kiosk Museum 35) Faculty Lounge 45) Academic Hall MIXED USE BUILDINGS 24) Joint Use Theater 25) Fegan Hall Office Building 46) Recreation & Dining Hall SUPPORT STRUCTURES 8) Cottage #6 Museum 9) Cottage #7 ROTC Headquarters 31) Chapel 34) Phone Area 47) Maintenance Shops 48) Infirmary ATHLETIC FACILITIES Z fi£ililXJMIllE 36) Athletic Building 37) Lifeguard Tower 49) Field House 50) Pool House 51) 25 meter Swimming Pool 52) (2) Tennis Courts 53) (2) Vollyball Courts 40) Baseball/FootbatlyTrack/Athletic Fields 54) Parking Structure Off-Street Surface Lots On-Sireet Parking 680 sq.fl. Renova 680 sq.ft. Renov£ 4950 sq.fl. Exisli 1350 sq.fl. 100 sq.fl. ,400 sq.fl. 218.000 sq.ft. RCI ARMY and NAVY AC ADLMY CARLSBAD. CALIFORNLA MUSSER & cox: ARCHITECTS MCA PROJECT NUMBER: 8902 8.3 0 February 13, 19 92 MEETING: REDEVELOPMENT MEETING TO REVIEW MCA DORMITORY COMMENTS FROM REDEVELOPMENT PERMIT SUBMITTAL Present: Kathy Graham, Redevelopment Director, City of Carlsbad Debbie Fountain, City of Carlsbad Redevelopment Thom Cox, Principal, Musser & Cox: Architects Jeff Stoutenborough, Project Manager, Musser & Cox: Architects Meeting held at offices of City of Carlsbad Housing and Redevelopment. MASTER PLAN ITEMS - Kathy Graham is resigning as Carlsbad's Redevelopment Director and will become the City of Lalce Forest's new Director of Community Development. Her last day at Carlsbad will be 2/21/92 (one wee]c from tomorrow) . Debbie Fountain will become the City's acting Redevelopment Director at that time. - KG to draft a summary of items that we have worlced together on as a type of letter of understanding for others to use in Kathy's absense to understand portions of the master plan we have arrived at to date. * KG to FAX draft copy to MCA tomorrow (2/14/92) for us to review and comment on. * KG also to review letter given to her by JS in meeting and comment on prior to MCA distributing to ANA Board of Directors and President for their understanding of what is taking place with Master Plan comments. DORMITORY ITEMS (KG leaves meeting) - Dorm drawings paclcage given to Debbie Fountain for her to looK over and review for any major problems that Redevelopment may have with the architecture of the building. - Concern on City's part will be that the total number of dorm residents on campus not increase due to this structure. TC assured DF that due to rooms being currently vacated in Old Fegan Hall and the rooms in Bain and other buildings which will be demolished, there will be no net gain in the school's potential dormitory population. - Reaction to elevations is a positive one from Debbie - "It loolcs good; appropriate for the area." * Include in the "Redevelopment Letter of Understanding" being put together by KG that we are not only tearing down the old dorm building, but the photo/publications shop and commendant's office as well. cc: Alan O'Kain, Debbie Fountain c:\89028\mt021392 Citv of Carlsbad Planning Department December 19, 1991 Jeffrey A. Stoutenborough Musser & Cox Architects 3184-B Airway Avenue Costa Mesa, CA 92626 SUBJECT: RP 91-9/CDP 91-4 - ARMY & NAVY ACADEMY MASTER PLAN Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Department has reviewed your Redevelopment Permit and Coastal Development Permit, application no. RP 91-9 and CDP 91-4, as to its completeness for processing. The application is incomplete, as submitted. Attached are two lists. The first list is information which must be submitted to complete your application. All list items must be submitted simultaneously at the Community Development Building counter and a copv of this list must be included with your submittals. No processing of your application can occur until the application is determined to be complete. The second list is issues of concem to staff. When all required materials are submitted the City has 30 days to make a determination of completeness. If the application is determined to be complete, processing for a decision on the application will be initiated. In addition, please note that you have six months from the date the application was initially filed, November 21,1991, to either re-submit the application or submit the required information. Failure to resubmit the application or to submit the materials necessary to determine your application complete shall be deemed to constitute withdrawal of the application. If an application is withdrawn or deemed withdrawn, a new application must be submitted. Please contact your staff planner, Don Neu, at (619) 438-1161 extension 4446, if you have any questions or wish to set up a meeting to discuss the application. Sincerely, MICHAEL J. HOLZMILLER Planning Director MJH:DN:vd cc: Gary Wayne Kathy Graham Robert Green DebWe Fountain Erin Letsch File Copy Bob Wojcik Data Entry Jim Davis Marjorie/Steve 2075 Las Palmas Drive • Carlsbad, California 92009-4859 • (619) 438-1161 RP 91-9/CDP 91-4 - ARM^NAVY ACADEMY MASTER PLAN DECEMBER 19, 1991 PAGE 2 UST OF ITEMS NEEDED TO COMPLETE APPLICATION: PLANNING: 1. A Conditional Use Permit Application is required to be filed for areas of the project site which are located outside of the redevelopment area (Zoning Ordinance Section 21.42.010(2) (c). An application fee is required for this permit. 2. The grading information required by item number 4 of the Coastal Development Permit Supplemental Application shall be provided. The project plans show proposed grading. 3. Revise the project exhibits to also include a conditional use permit as one of the application types submitted. The proposed master plan does not meet the City's requirements for this type of permit. It appears to actually be more of a master site development plan. The title block on the project plans should be revised to reflect this unless the applicant is willing to create a master plan text including all necessary elements such as design standards. 4. The exhibits should be revised to list the City of Carlsbad as the sewering agency not the Carlsbad Mimicipal Water District. 5. The zoning exhibit submitted must be revised to include the zone for each parcel plotted on the individual parcels. 6. The exhibits should contain the total number of parking spaces required. The required parking has been determined to be 135 spaces based on a maximum student occupancy of 272 requiring one space per 10 students and one space per employee based on a provided ntmiber of 107 employees. The total number of spaces in each individual parking area should be noted on each parking area on the exhibit. 7. The Average Daily Traffic generated by the project based on SANDAG Generation Rates is required to be included on the project exhibits. 8. The approximate location of existing buildings and permanent structures located within 100 to the north of the site must be piovided. 9. There are several discrepancies in the exhibits showing the existing property lines. An example is the State of Califomia owned property which does not have parcel lines plotted for it on the exhibits. The actual boimdaries of the proposed project need clarification. RP 91-9/CDP 91-4 - ARMY & NAVY ACADEMY MASTER PLAN DECEMBER 19, 1991 PAGE 3 A City Disclosure Statement signed by the record owner of each parcel proposed for inclusion in the application but which is not owned by the Army & Navy Academy is required prior to the applications being deemed complete. 10. The distance between buildings and/or stmctures must be dimensioned on the exhibits. The minimum distance allowed by the Zoning Ordinance is 10 feet. 11. Setback dimensions are required for all stmctures. The following minimum setbacks should be maintained for all new stmctures (including fences and walls over 42 inches in height) from property lines: a) 20 feet from Carlsbad Boulevard b) 15 feet from all other streets c) 10 feet from interior property lines. 12. The plans need to include information on the height and materials of all walls and fences. 13. Label the monument sign on the plans and indicate the height and area. It is presently shown on the project plans in the street right-of-way. 14. The width of all streets adjacent to the project site are required to be dimensioned on the exhibits. 15. Typical street cross sections are required to be provided for Ocean Street, Pacific Avenue, Cypress Avenue, Del Mar Avenue, Garfield Street, and Mountain View Avenue. 16. Clearly show parking stall and isle dimensions and tmck tuming radii for all parking areas. 17. Show the location of all fire hydrants within 300 feet of the site. 18. Indicate on the project exhibits those existing onsite trees proposed to be removed and those to be saved. 19. Provide earthwork volumes for the proposed site grading. Cut, fill, import and export quantities are required. 20. Spot elevations are needed for the comers of the building pad for buildings 36, 45, 49 as well as the tennis courts and pool area. 21. Building elevations are required. In lieu of building elevations design guidelines and massing studies (cross sections) could be provided for inclusion as part of a text to accompany the exhibits. Maximum building heights and number of stories must be provided. Refer to the Zoning Ordinance regarding height and story maximums. RP 91-9/CDP 91-4 - ARMY & NAVY ACADEMY MASTER PLAN DECEMBER 19, 1991 A PAGE 4 22. A public Facilities Fee Agreement is not required for the constmction of any building by a non-profit corporation established exclusively for educational purposes. Please submit a letter requesting that the $40.00 fee be refunded to you. 23. The Preliminary Title Report submitted with the application is more than 6 months old (dated May 4, 1989). Please provide a Preliminary Title Report that is current within the last six months. 24. Include on the Constraints Map the boundaries of the Beach Area Overlay Zone which covers areas shown on the exhibit. 25. On the Conceptual Landscape Plan the quantity and size of each proposed plant or tree species must be provided. 26. If this is to be a Master Plan then a text is required which must include the information listed under item number 18 of the application checklist prior to the application being deemed complete. 27. A constmction materials board and color samples in addition to roof plans showing the location of roof appurtenances and mechanical equipment are required. These items could also be included in design guidelines/master plan text in lieu of being provided at this time. 28. The project site contains stmctures identified on the City's Historic Inventory list as being grade 3. These are stmctures which are determined to have local Carlsbad significance. A complete survey and records search is required to be prepared pursuant to the "City of Carlsbad Cultural Resource Guidelines", dated December 1990. The guidelines also specify the minimum qualifications for cultural resource professionals which must be followed as well as survev methodology, evaluation (testing) of resources, and report format. The report must be approved by City Staff and the Historic Preservation Commission. ENGINEERING: 1. Title report is too old. Should be dated in last 6 months. 2. Project boundaries are technically incorrect. This is further explained in the issues below. No. 2. 3. Easements are not plotted on the site plan. Some are shown on the opportunities and constraints exhibit but not all. None are plotted with dimensions. 4. Part of the project will be in the high tide zone. This requires a Special Use Permit application. RP 91-9/CDP 91-4 - ARMY & NAVY ACADEMY MASTER PLAN DECEMBER 19, 1991 ^ A PAGE 5 5. No grading quantities are given. The work on the coastal bluffs and parking stmcture will require some grading and perhaps retaining walls and shore-sea-wall protection. 6. Parking lots, parking stmcture and access aisles to these are not dimensioned. 7. Plotting of public right-of-way in vicinity of Cypress Avenue and Garfield Avenue . is missing. 8. No street cross-sections of Pacific Avenue, Cypress Avenue, Garfield Avenue and Ocean Street are shown. 9. No traffic average daily tips are given or shown on the plans. 10. AP Nos. are missing. These APN are 203-141-2 and 3; and 203-142-6. 11. No layout of the parking stmcture lower level is shown. 12. Not ALL facilities are labelled as "Existing" or "Proposed". Please do so. This includes sewer, water, drainage, streets, street lights, fire hydrants. 13. A traffic report is required to address the site specifics and any impacted road segments or intersections. ISSUES OF CONCERN PLANNING: A text is required as part of a master plan submittal as stated under the items needed to complete the application. The text should also indicate the goal of the plan, proposed phasing, and development standards. Individual components or projects identified in the master plan will be required to receive approval of a minor or major redevelopment permit pursuant to Zoning Ordinance Sections 21.35.070 and 21.35.080 as well as a Coastal Development Permit. Areas outside of redevelopment will be required to receive approval of a Site Development Plan .AL. pursuant to the Beach Area Overlay Zone in addition to a Coastal Permit approved by the Califomia Coastal Commission. This procedure should be specified in the master plan text. As an altemative you may want to consider providing all information required of a Redevelopment Permit for each proposed building or improvement (ie., building elevations, floor plans, etc.). This would allow the City to approve detailed plans for each component of the Campus Plan so that future Redevelopment Permits, Coastal Permits, and Site Development Plans would not be needed. This would however limit you to submitting future building plans which conform to the approved plans. RP 91-9/CDP 91-4 - ARMY & NAVY ACADEMY MASTER PLAN DECEMBER 19, 1991 A PAGE 6 2. The height and mass for proposed buildings is an issue in regard to compatibility with adjacent uses and the impact of stmctures on the coastal bluff. 3. Trash enclosures are required which meet the specifications of Coast Waste Management as well as the City of Carlsbad. The location of proposed enclosures will result in 6 foot high walls being located in street setbacks. In addition trash tmcks would be required to block the public street to provide service. New locations should be proposed for trash enclosures. 4. Additional information is needed in regard to the proposed grading. It is difficult to determine the extent of landform alteration proposed by the plan given the very limited grading information provided. The areas of greatest concem are along the coastal bluff and adjacent to the open space area south of the Buena Vista Lagoon. 5. The Scenic Corridor Guidelines, dated July 1, 1988, indicate on page 24 the landscape theme for the corridor. The species identified in the Guidelines must be incorporated into the Conceptual Landscape Plan. In addition the City of Carlsbad Landscape Manual dated, November 13,1990, identifies additional theme plantings on pages C.1-2 and C.1-3 that must be incorporated. 6. The City's Landscape Architect has reviewed the Conceptual Landscape Plan. His comments are contained on a copy of the plan. Please incorporate these revisions into the plan and submit the redlined print with the modified exhibit. 7. Trails shown on property not owned by the Army & Navy Academy should be shown as not a part of this project. A note on the areas of the plan where the trails are shown will suffice. 8. A lot line adjustment application is needed to consolidate parcels which show as separate Assessor Parcels as well as to remove property lines proposed to be covered by stmctures. It also appears that stmctures have been built in the right-of-way for Del Mar Avenue. The Engineering Department will address this issue ftirther. 9. Based on the maximum enrollment and number of employees provided the academy requires 135 off street parking spaces. The required number of parking spaces must be provided and shall be related to the phased improvements so that at no time does the academy not satisfy the City's parking standard. 10. Revise the plans as necessary to meet the Zoning Ordinance parking requirement of 170 square feet per space with a minimum width of 8'-6". 11. Handicap parking is required based on the total number of parking spaces for the academy. Four (4) spaces are required which should be located in the surface parking lot in the central area of the campus. 12. A minimum throat distance of 20 feet is required for all parking areas. RP 91-9/CDP 91-4 - ARMY & NAVY ACADEMY MASTER PLAN DECEMBER 19, 1991 PAGE 7 13. Building elevations or detailed design criteria and building sections (massing study) are needed for the proposed parking stmcture to evaluate its potential impacts. Plans showing the second level of parking and indicating whether it is a second story above groimd stmcture or surface parking with one underground level are required. 14. A view corridor has been created across the site from Carlsbad Boulevard on the east which is blocked by the proposed placement of the new building 46 (Recreational/Dining Hall). Building 46 should be adjusted so that this view corridor can be extended to the coastline pursuant to the requirements of the Coastal Plan and the North Beach Design Guidelines which require that a minimum of 10 percent of the lot width be preserved as a view corridor. 15. Design guidelines created for the project should include applicable recommendations of the North Beach Planning/Traffic Study dated April 1987. 16. Parking must be screened to the greatest extent feasible from outside the property Une by the use of a 36 inch berm or decorative wall along street front property lines. This impacts the surface parking lot in the area nearest to Carlsbad Boulevard as well as the proposed parking stmcture. Screening of parking areas along side and rear lot lines must also be provided. 17. The application needs to address how the noise impacts of the proposed firing range will be mitigated. 18. Is housing which qualifies as affordable housing under City Standards proposed as part of the plan? 19. The Conceptual Landscape Plan shows bollards on Cypress Avenue. Does the plan propose closing this street to public vehicular access? Please clarify the intent regarding potential closing of Cypress Street on all the project exhibits. This issue needs to be considered by Engineering, Planning and Redevelopment as to the issues such as a proposal raises. 20. Enclosed is a redlined set of project exhibits (date stamped November 21,1991) for your review and use. Please address all items identified on each sheet and submit these redlined exhibits with your revised plans to assist the project planner in the continued review of your project. ENGINEERING: 1. Entrance to parking stmcture lower level should be straight in at approximately 90° to the street/or radial. f RP 91-9/CDP 91-4 - ARMY & NAVY ACADEMY MASTER PLAN DECEMBER 19, 1991 PAGE 8 2. Project boundaries are shown with bearings and distances that we can not verify. These bearings or distances do not appear in the title report, nor on any tract map, nor on the assessors plats nor on any City plans, some are incorrect, such as the N. Line of Cypress, N-83°-28'-49"-E, 148.99. This line is not a property line we know anything about. The assessor's plat shows a "Del Mar Avenue" here with an entirely different line. The line shown as the easterly line of Mountain is incorrect near Pacific Avenue. 3. The Exhibits should not show development on others property, that is the trails shown on the AT&SF Railway right-of-way. This is a sensitive issue with the railway Company. You may show a "possible" or "proposed coimection to proposed City trail system" but stop at the property line. 4. The tunnel crossing is discouraged. The bridge will be supported by engineering. The Police Department should also be consulted. 5. On the opportunities and constraints exhibit the word "Vacate" is used. If this means vacation of a public access (street, walk or alley) then street vacation procedures will need to be followed, by State Law. The "Vacate" shown for Beech Avenue near the railroad right-of-way is an issue as this route is proposed to be used by the North County Transit District. 6. The title report mentions a Certificate of Compliance (Article 39). We need a City C.C. number or a copy of the recorded instmment in order to review the document. 7. What type of vehicles (or their tuming radius) will access the maintenance facility. 8. The Master Plan Text mentions that "assistance" will be needed for sidewalks. Unless an agreement is reached with the City this project will be required to install all public improvements at it's cost. 9. The parking stmcture is mentioned as a "shared" stmcture and mention is made of City participation. A capital improvement project would be needed for either this or item 8 above if the City is to participate. 10. We will require a dedication of additional right-of-way for Cypress Avenue, near Garfield Street and along the easterly line of Mountain View Drive. 11. Undergrounding of power transmission lines through the project will require coordination with S.D.G.&E. 12. Coordination by the applicant with the Coastal Commission is suggested for the issues of public access to the beach and public parking requirements. J PAGE 9 RP 91-9/CDP 91-4 - ARMY&NAVY ACADEMY MASTER PLAN DECEMBER 19, 1991 ^ REDEVELOPMENT: 1. The Redevelopment Agency is very supportive of the Army Navy Academy's short and long term efforts to revitalize/renovate the various educational and boarding facilities located on the identified property. The proposed projects included as part of the Master Plan will be very beneficial to the Village area. The Academy is located on ideal property which has high visibility to tourists and local residents/business operators. Therefore, we believe it is important for the Academy to take these actions to renovate and adapt to a changing environment in order to properly serve the students, faculty, administration and the community as a whole. 2. Redevelopment staff has discussed the issue of joint (public/private) use of the proposed new parking facility with the Army Navy Academy and we would like to continue this discussion prior to taking this item forward to the Design Review Board and/or Housing and Redevelopment Commission. If possible, it is the Redevelopment Agency's intent to develop an agreement which would allow joint use of the parking stmcture as previously indicated. 3. Redevelopment Staff has also discussed the issue of joint use (public/private) of the theater and playing fields on the Academy property with the applicant. We would like to continue this discussion as well prior to taking this item forward to the Design Review Board and/or Housing and Redevelopment Commission. 4. Issues regarding any financial assistance form the Redevelopment Agency for improvement to, or for, the Army Navy Academy must be discussed in further detail with the Housing and Redevelopment Director prior to the Design Review Board and/or Housing and Redevelopment Commission taking action on the proposed Master Plan. 5. In order to determine whether or not the Academy provides any housing for persons within very low, low and/or moderate income categories, it is requested that the applicant provide a sununary of the characteristics of the persons housed at the Academy. For example, please provide a simmiary of the number of teachers, administrators, counselors, etc. who reside on the Academy campus and a breakdown of their gross income levels. This will help us to determine whether or not the proposed project(s) will assist the City in meeting its goals to provide affordable housing in Carlsbad. MUSSER & COX: ARCHITECTS MCA PROJECT NUMBER: 89028.2 0 MARCH 11, 1991 MEETING: TRAFFIC ENGINEER COMMENTS/SOLUTIONS FOR ANA MASTER PLAN Present: Kathy Graham, Redevelopment Director, City of Carlsbad Debbie Fountain, Redevelopment Assistant, City of Carlsbad Bob Johnson, Traffic Engineer, City of Carlsbad Sherri Howard, Project Engineer, City of Carlsbad Mike Grim, Project Planner, City of Carlsbad Thom Cox, Principal, Musser & Cox: Architects Jeff Stoutenborough, Project Manager., Musser & Cox: Architects Issues relating to Preliminary Review by City of Carlsbad: 1. Standards for driveway - get from Sherri Howard. Bob does not know what the distance is which the driveway at the maintenance building is required to be separated from Carlsbad Boulevard 2. Parking lot @ Administration/Pool House - BJ: There is no way you are going to be allowed to have a parking lot entrance/exit onto Carlsbad Boulevard even with right turn only or any other restrictions. Make parking lot a dead end lot with a 5'deep x aisle width wide backup space. 3. Pedestrianization of Cypress - Would require a traffic study. Get a list of consultants that do work in the City - SH to provide. 4. Perpendicular parking along Garfield - not allowed. 5. Possible bridge across Carlsbad Boulevard - This has been talked about before, but the problem has always been money. Also, Bob expressed concern about the ugliness of a chain link cage style bridge at the entrance of the City. TC: Issue being addressed is that with the athletic facilities across Carlsbad Boulevard from the main campus there is a possible safety hazard. Cadets usually ignore rules or advice about how or where to cross the street. What would be the possibility of a well-designed aesthetic pedestrian bridge in combination with a wrought iron median barrier fende? i MG: Check with Walter Brown to verify it wbuld be O.K. to put hardscape in median. BJ: Bridge is not really a traffic issue... 6. Joint Use Tlleater - Traffic study will be required at present time for all potential uses on campus including the possible joint use theater, field house, linear park public use, pedestrianization of Cypress, etc. TC: Is there a way to determine current traffic usage as a baseline number? street Improvements City Council would determine if you are required to pay and perform street improvements. If one Redevelopment Permit you may be required to bond. SH: Street improvements may be done by lot. When you develop any structure on a lot, you would be required to do street improvements for all street fronting on the boundaries of that lot. KG: Redevelopment may be interested in assisting with street improvements. SH: You can request to City Engineer in your Redevelopment Permit Application for a phasing of street improvements. SANDAG - San Diego Area Governments - regulations for traffic items on application form which relate to traffic. Parallel parking along streets - min. 36' curb to curb street width required. TC: How would we get a firm number of parking spaces for project? > MG: You submit to City and they may accept or request more. MG: 4 Seasons Resort - did a parking study and conditioned the operation with a C.U.P. In this way you might be able to back up your justification of the way parking is utilized on your project. KG: There was some data regarding parking/traffic gathered from a 500 seat theater elsewhere in Carlsbad. We may be able to use that information to assist in this project. BJ: Make your application and include traffic study if you are definitely pursuing the pedestrianization of Cypress Avenue. KG: Commuter Rail Station - 360 parking spaces @ Grand Avenue. Possibility exists perhaps for overflow parking, but stop will be located across tracks from ANA, which would likely preclude it from being a legitimate events parking alternative. Redevelopment may be interested in assisting with funds for traffic study. •END OF TRAFFIC MEETING- REDEVELOPMENT MEETING Present: Kathy iGraham, Redevelopment Director, City of Carlsbad Debbi4 Fountain, Redevelopment Assistant, City of Carlsbad Thom Cox, Principal, Musser & Cox: Architects Jeff Stoutenborough, Project Manager., Musser & Cox: Architects KG: Creation of lots - make lots to facilitate phasing and make improvenients linkage tied to buildings that are immediately adjacent to that piece of street, rather than linking street improvements for all streets that surround the main campus to any one building in the campus core lot. May offer up an easement for sidewalks to the City as a way of appeasing. i j You will want to schedule meetings with homeowners in the area and have "town meetings" to get their backing, ideas about sidewalks. If the residents in the area don't want sidewalks, the City Council will listen to them. •END OF REDEVELOPMENT MEETING- HISTORIC PRESERVATION COMMISSION MEETING Present: Kathy Graham, Redevelopment Director, City of Carlsbad Thom Cox, Principal, Musser & Cox: Architects Jeff Stoutenborough, Project Manager., Musser & Cox: Architects Linda Roth, Roth & Associates Members of Carlsbad Historic Preservation Commission Thom Cox presented ANA Master Plan, outlining the proposed re-use of the historically significant Fegan Hall, formerly the Red Apple Inn. The commission raised the question as to why this was the first time they had heard of the project, and Kathy Graham stated that this is really the beginning of the City's involvement with this project as a real project and that the formal permit submittal has not yet been made to Redevelopment or Planning. Jeff Stoutenborough arranged to talk with Linda Roth sometime in the future about historic portions of the master plan in greater detail and to discuss the work of La Jolla architect Irving Gill. cc: Kathy Graham Bob Johnson Sherri Howard Mike Grim , Neil Nydegger d:\89028\mtg312 HOUSING AND REDEVELOPMENT REDEVELOPMENT OFFICE 2965 Roosevelt Street Suite B Carlsbad, CA 92008 (619) 434-2811 (Eitfl 0f (EarlHbaii March 5, 1991 Jeffrey A. Stoutenborough Musser & Cox Architects 3184-B Airway Avenue Costa Mesa, Ca. 92626 Subject: Army & Navy Academy - Master Development Plan Preliminary review of your proposed project was conducted on January 24, 1991. The following preliminary review comments on the overall concept of your project are provided by the Housing and Redevelopment Department for your consideration: 1. The Housing and Redevelopment Department is supportive of your plan to "pedestrianize" Cypress Avenue. In fact, we encourage complete pedestrianization of Cypress Avenue from the property line of the Ebb Tide Motel to Ocean Street. We also like the pedestrian sidewalk from Cypress Avenue to the parking lot. The Redevelopment Plan encourages the use of attractive pedestrian belts throughout developments within the Village Area. 2. The concept of a 13 6 space shared parking structure is appealing to our department. Parking in the Village Area is a critical issue of concern. Therefore, were are supportive of projects which will create new opportunities for additional public parking. 3. Since the Maintenance Building is one of the first buildings seen upon entry into the City of Carlsbad from Oceanside, we believe that the portion of the building facing Carlsbad Boulevard must appear attractive and blend well into the entire project. We request that the rooftop of the building be treated in a manner so that it does not appear "industrial." 4. The proposed pedestrian passageway to be constructed under Carlsbad Boulevard is a good idea; it allows for a safer pedestrian crossing. However, this item will be subject to final approval/denial by the City's Engineering Department. Although we like the idea, we will defer to the expertise of the Engineers in deciding whether it is structurally acceptable. 8 5. The creation of eight (8) additional affordable housing units for faculty at the Academy is advantageous to the City. Since the average salary for teachers at the Academy is $15,000, the housing units will assist the City in meeting its SANDAG share of affordable housing units for low and very low income persons. 6. The potential for joint public/private use of the proposed new theater is excitingi The theater will provide a major focal point for the downtown area. We look forward to creating a joint use agreement between the City and the Academy. 7. Dormitory openings into the inner courtyard area is an attractive feature of the proposed plan. It permits a central focus on the campus which is ideal for creating a sense of warmth and village atmosphere. 8. The proposed new dining facility will be a tremendous asset to the academy. Opening up the ocean view corridor is ideal. 9. The "historical walk" improvements will create an attractive pedestrian walkway, especially for users of the theater. We like this feature. 10. The Academy is a focal point of the community. Therefore, we support activities which will increase its overall attractiveness. We also encourage the use of exterior building colors which provide a sense of "warmth and invitation." White buildings can often appear quite "cold" and "uninviting." 11. Design of the baseball/football field and track is compatible with our department's ideas for a linear park along the railroad tracks which are adjacent to the fields. 12. Carlsbad Boulevard is considered a special treatment area in that the Housing and Redevelopment Commission is looking for heavy streetscaping and open space amenities along Carlsbad Boulevard. The baseball/football fields provides an open space amenity which our department believes is appealing and an advantage of the project. 13. In reviewing the proposed plan, we thought the playing fields and track might lend themselves nicely to public use. The City might be willing to pursue a joint use agreement with the Academy for public use of the fields. If the Academy is interested, this issue could be discussed in further detail at a later date. 14. The Academy is within Sub-area 6 of the Redevelopment Area. The design concept in this area is to coordinate tourist, recreational and commercial activities of the beach area with the Village Center. The Design Review Board will be concerned with amenities such as viewpoints, gateways and preservation of local landmarks that are, or will be, established within any development. 15. We encourage the Academy to consider the historical significance of the various buildings on the property in the development of this project. Attached is a copy of the historical summary of the property included in the recently completed Historical/Cultural Resource Survey for your review and consideration. We would like to see the Academy address changes to any buildings which may be identified within the summary. In summary, the Housing and Redevelopment Department is excited about the project you have proposed for the Army & Navy Academy1 We are pleased that you are interested in enhancing your property and we look forward to working with you through completion of the project. For your information, we will be presenting your plan for Academy improvements to the Historic Preservation Commission on Monday, March 11, 1991 at 4:00pm in the City Council Chambers for their review. Although approval of your plans by the Commission is not required, we would like for them to be aware of the proposed changes and allow them the opportunity to comment on the project. Thank you for your patience as our office prepared these comments for you. If you have any questions regarding our comments, please contact my office at (619) 434-2811. Sincferely Housjng and Redevelopment Director : ec Attachments c: Community Development Director Project Planner, Mike Grimm Don Neu Eric Munoz Sherri Howard Erin Letsch POTENTIAL SIGNIFICANCE: LOCAL GRADE: HISTORIC RESOURCES INVENTORY IDENTIFICATION 1. COMMON NAME: Army/Navy Academy 2. HISTORIC NAME: Red Apple Inn (1927-1936) 3. STREET/RURAL ADDRESS: 2585 Carlsbad Blvd. 4. PARCEL NUMBER: 203-041-01-00 5. PRESENT OWNER: Anny/Navy Academy 6. PRESENT USE: Academy ORIGINAL USE: Commercial DESCRIPTION 7a. ARCHITECTURAL STYLE: Combination Mission Style, Wood Frame Cottages, Wood Frame Barracks 7b. DESCRIBE PRESENT PHYSICAL DESCRIPTION OF SITE OR STRUCTURE; DESCRIBE MAJOR ALTERATIONS FROM ORIGINAL CONDITION: Academy consists of an administration building, seven cottages, three separate classroom buildings, eight halls and a memorial chapel. Because it is being considered as a single entity; other than "typical descriptions", the buildings are not described individually. Compound type arrangement of numerous structures surrounding the large Mission Style Administration Building. What was originally a "U" shaped ground plan has grown to become a sprawling asymmetrical lay-out with the later military structural additions (see sit plan photograph). The Mission Style architecture used in the initial 1927 construction of the Red Apple Inn and later academy additions is typified by simple design elements including stucco walls, flat and low pitch, gabled and hipped, multi-level tiled roofs, arched entries, in-set multi-paned windows, large/arched focal windows, full length open verandas and porches, simple stucco parapets and buttresses on buildings of one and two stories. SEE CONTINUATION 8. Estimated Construction Date: 1927 9. Architect/Builder: Alonzo R. Baird 10. Approx. Property Size: 7.2 acres 11. Date of Photo(s):9/90; b/w photo Roll 7 Frame #6-11 (MODMED DPR 523 Rev 4^'9) 12. Condition: EXCELLENT 13. Major Alteratioiis: see attached photographs 14. Surroundings: (Circle where appropriate) Open land Scattered buildings Other Commercial 15. Immediate Threats to Site: (Circle where appropriate) Unknown Private Development Zoning Public Works Project Other Residential Vandalism 16. Is the Structure on original location?: yes 17. Related Architecture Features: see attached discussion 18. CPO/HRI Rating: CPO Rating: 3 HRI: no status SIGNIFICANCE 19. STATE HISTORICAL AND/OR ARCHITECTURAL IMPORTANCE OF STRUCTURE The Academny's Fegan Hall was originally built in 1927 as the Red Apple Inn on acreage within the subdivision of Granville Park (1923). The original plan for this area was to develop a deluxe residential community on land bounded by Buena Vista Lagoon and Cypress between the ocean and the railroad tracks. The only group interested were members of the Advent Christian Church who developed six of the acres as a church camp ground and conference site (pre-1943). In an attempt to promote development, A.G. Blair of Pasadena, the developer and promoter of the unsuccesful subsdivision, built an Inn consisting of twenty rooms, a large dining room with seating for 120, an outdoor dining room with seating for 140, and a Kitchen. SEE CONTINUATION SHEET LOCATION MAP 20. Main Theme of Historic Resource: Twenties Growth in Tourism Private Academic/military School 21. Sources Cited: See Attached Inventory Report for Complete References 22. FORM PREPARED: Roth and Associates 2707 Congress St., Suite 2A San Diego, Ca. 92110 619-295-3111 HISTORIC RESOURCES INVENTORY CONTINUATION SHEET 2585 Carlsbad Blvd 7b. STRUCTURAL AND DESIGN ELEMENTS: The additions made to the compound since 1936 include typical horizontal wood firame cottages and barrack-like wood structures of the pre-World War II era. These structures are ccHisidered both utilitarian in both form and function 19. HISTORIC AND/OR ARCHITECTURAL IMPORTANCE OF STRUCTURE A $30,000 addition was made in 1929 which included an 18-hole golf course at Ocean and Cedar. Theme oriented, the dining room focused on apples and avocados. The emblem of the Inn was a "Red Apple". It appeared everywhere around the property; at every gateway, on each piece of china, on light fixtures and fumiture: . . . .One of the most recent resorts for Carlsbad is the Red Apple, a delightful eating place catering only to the highest class of patrons . . . the new ocean-side resort is certain to develop into one of the most widely patronized in the entire southland. . . The Inn was under the management of Margaret Drought, with no men employed: "the tables being served by pretty girls in attractive uniforms." The Red Apple competed directly for patrons with the Twin Inns also located along the main artery of Los Angeles to San Diego and appears never to have been a profitable venture. With the full effect of the Depression, it could not remain profitable and announced in September of 1933 that it was going to be sold at auction. Mr. Anderson stepped in and saved it from the auction block. In 1936, the Army/Navy Academy, seeking a new site, relocated to Carlsbad from Pacific Beach where it had been established in 1910. It had started as a partnership between Colonel Thomas A. Davies and his brother Major Lynch Davies. With the move to Carlsbad, it became a private corporation and in 1948, a non-profit organization. The Academy owners initially leased the property from Blair. However, by 1937, Mr. and Mrs. A.C. Anderson of Pasadena purchased all of Blair's holdings in Granville Park and by 1943 the Academy was able to purchase the acreage from Anderson. In addition, over the next several decades, the Academy became the recipient of extensive monetary support by Anderson. As the school outgrew the initial Red Apple building, 1 the wealthy philanthropist underwrote a campus construction program that added classrooms, dormitories and a gymnasium-auditorium designed by Robert Baird. The original Red Apple became Fegan Hall, the student dining room. (Mr. Baird was the manager and resident planner for Simpson's Hardware Store, a member of the sanitation district agency, and builder of the boat house on Buena Vista Lagoon). In April of 1939, construction on the large main building was begun. Following World War n, several new student buildings were also added. The philosophy of the Academy has been to train boys in a rigid military style in college preparatory courses (Grades 7-12). The Academy now covers approximately 16 acres, dominating the west side of Carlsbad Blvd. SEE CONTINUATION SHEET HISTORIC RESOURCES INVENTORY CONTINUATION SHEET 2585 Carlsbad Blvd •AN Apple decor and the right prices attracted tourists to the Red Apple Inn. Historic Photograph- Red Apple Inn I .Vjii6s-^t» ..-.--A'' I: I Army/Navy Postcard (nd) HISTORIC RESOURCES INVENTORY CONTINUATION SHEET 2585 Carlsbad Blvd Army/Navy Postcard (nd) Lay-out of Army/Navy Academy HISTORIC RESOURCES INVENTORY CONTINUATION SHEET 2585 Carlsbad Blvd Overview Army/Navy Academy HISTORIC RESOURCES INVENTORY CONTINUATION SHEET 2585 Carlsbad Blvd Overview Army/Navy Academy HISTORIC RESOUFIS^S INVENTORY CONTINUATION WEET PRELIMINARY REVIEW COMMENTS CLARIFICATION MEETING FEBRUARY 25, 1991 ATTENDING: Sherri Howard (City of Carlsbad Engineer Kathy Graham (City of Carlsbad Redevelopme Neil Nydegger (ANA) Conrad Garner (ANA) Fred Rowbotham (ANA) Thomas P. Cox (MCA) Jeffrey Stoutenborough (MCA) To review comments made by Planning and Engineering, as well as to familiarize ANA people with the comments, an item by item review of all comments was embarked on. Item 1) Street vacation of Cypress to allow pedestrianization. Sherri did not understand that ANA was not asking for a complete abandonment of street, but just the pedestrianization (closing off to vehicles). KG: Redevelopment would like street to remain public but just vacate vehicular access. SH: Street would not be vacated. NN: ANA'S first preference is as shown on Scheme 9. SH: Street closure - utilities and maintenance looks at to see what would need to be maintained and the city retains easement for street, but the physical street is vacated. If you place enhanced parking oh pedestrianized street, you will pay for maintaining. There are three levels of street vacation: 1) Street closure - close off street but City maintains utilities underneath. 2) Pedestrianization - close off to vehicles 3) Vacation of street - total abandonment of street. Fire and Police would look at this item when you submit for final review. You can speak to them prior to submittal. ITEM 2) No perpendicular parking allowed on Garfield. Non-negotiable point - -especially with Cypress pedestrianization. Even existing parking spaces would have to be removed as part of your improvements program. ITEM 3) Back up required for Ebb Tide parking so Ebb Tide patrons would not be backing onto Carlsbad Boulevard. The shown location of bollards could be moved west to provide back-up space. This could solve problem. PRELIMINARY REVIEW COMMENTS CLARIFICATION MEETING FEBRUARY 25, 1991 ITEM 4) Project drainage - City improvement plans show where sewers and storm drains are located. Must show drainage on Redevelopment permit application. ITEM 5) Maintenance driveway is too close to Carlsbad Boulevard. A clear dist. of 100' from corner of Carlsbad Blvd. to drive aisle is required. Concern is autos coming off Carlsbad can't see maintenance vehicles backing out of maintenance bidg. ITEM 6) No drive aisle access allowed off Carlsbad Boulevard for parking area between Administrative offices and pool. This is a newly adopted safety item by the City. Driveway too close to Mountain View Drive could be addressed by access only drive aisle of Carlsbad. ITEM 7) See comments on marked up master plan drawing for other parking related items. No angled walkway at Mountain View Drive (Major axis near parking structure). Engineering standards require all crosswalks to be perpendicular to the street. Drive aisles on parking structure need to be min. 24' wide and no compact car spaces are allowed. Also, you are required to offer extra space at walls of parking structure to allow car doors to open. SH: Refer to Title 21 Underground Parking Structures - - City Ordnance regarding parking. JS: Drive aisles in the parking structure study shown here comply with those standards. ITEM 8) All unnecewssary easements and encumbrances should be dealt with at the time of Phase I implementation. Self explanatory. ITEM 9) One Redevelopment Permit vs. piecemeal approval of master plan: Phasing When you apply for Redevelopment permit you will submit a phasing plan. Building permit - You may be required to implement safety measures anywhere in the Master Plan area if you modify the phasing. Notification should be provided regarding "identified problems" PRELIMINARY REVIEW COMMENTS CLARIFICATION MEETING FEBRUARY 25, 1991 SH: There may be a linkage between all identified problems within the M.P. and any individual building permit. 30 days after permit - City will determine if ' permit submittal is complete. An Issues of Concern letter will be sent to applicant outlining: - identified problems , - missing information i i ITEM 10) Kathy still doesn't have Redevelopment comments. Will get them out as soon as possible, Kathy's preliminary comments: A number of benefits are evident from the current plan. Additional benefit - addition of faculty apartments (low income housing) TC: Would there be an advantage to completely closing Cypress and using it as pedestrian connection from park to beach? KG: Will need to talk with two (2) groups of people regarding Cypress pedestrianization: 1) Traffic Engineer 2) Residents in the area FR: Any timetable for Parks & recreation (State) moving out? KG: When we have phasing ideas - Kathy can talk to them and find out what they are willing to do. They already are moving; the question is just where to and when. NEXT STEP.. Meet with Kathy Graham and Traffic Engineer (Kathy to set up meeting sometime this week). Third week of March: Submit for Redevelopment Permit Get copy of drainage structures at the front counter to get starting point with drainage plan. Caroline can assist in gathering up "Improvement Plans" with plan and profile information cc: All in attendance A:9028N225 Citv of Carlsbad Planning Dep£*rtment January 28, 1991 Jeffrey A. Stoutenborough Musser & Cox Architects 3184-B Airway Avenue Costa Mesa, CA 92626 Subject: Army & Navy Academy - Master Development Plan Preliminary review of your project was conducted on January 24, 1991. Listed below are the issues raised by staff. Please note that the purpose of a preliminary review is to provide you with direction and comments on the overall concept of your project. The preliminarv review does not represent an in-depth analvsis of vour project. Additional issues of concem mav be raised after vour application is submitted and processed for a more specific and detailed review. 1. For pedestrianizing Cypress Avenue, a street vacation would be required. This will require a traffic analysis and staffs recommendation is unknown at this time. 2. No perpendicular parking is allowed on Garfield Street. 3. Turnarounds are needed at Ebb Tide Motel (to prevent backing onto Carlsbad Boulevard) and at the end of Beach Avenue. 4. How will project drain? A storm drain system may be required. 5. Access to maintenance building is too close to Carlsbad Boulevard. 6. No access off of Carlsbad Boulevard will be allowed for parking area between Administrative offices and pool. 7. See enclosed plans for comments on parking areas. 8. All unnecessary easements and encumbrances should be dealt with at the time of Phase I implementation. 9. It is undetermined whether this plan can be processed as one Redevelopment Permit or if each phase would be a separate Redevelopment Permit. The latter option would facilitate out-of-phase development processing. 2075 Las Palmas Drive • Carlsbad, California 92009-4859 • (619) 438-1161 Jeffrey A. Stoutenborough January 28, 1991 Page 2 10. Redevelopment Agency comments will follow in a separate correspondence. Marked-up checkprints and the colored site plan are available at the Planning Department front counter. Please contact me at 438-1161 ext. 4499 if you have any questions. Sincerely, Mike Grim Assistant Plarmer MG:rvo Enclosure c: Don Neu Eric Munoz Sherri Howard Pebbie Fountain Erin Letsch File Copy