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HomeMy WebLinkAboutSDP 86-08; MAGTIRA; Site Development Plan (SDP)LAND US PLANNING A PLICATION " DISCRETIONARY ACTIONS REQUEST o Zone Change tJGeneral Plan Amendment o Tentative Tract" "Map o Major Planned Uni t Development OMaster Plan o Major Redevelopment Pennit n1Minor Redevelopment Pennit [JPrecise Development Plan (check other boxes if appropriate) OSpecific Plan [JSite Development Plan (]Conditional Use Pennit IT1v"ariance [JPlanning Commission Determination DSpecial Use Pennit [JStructure Relocation [)Major Condominium Pennit OCoastal Permi. t {Portion of Area a solo physician's office (SEE ATTACHED SHEET FOR DETAILS). -Provide off-street par~ing with entry and exit on Laguna Drive. Obtain variance approval for parking space #5 as shown on blueprint. CT 117 Carlsbad Lands Lot 16 Ma 1661 (COMPLETE LEGAL RPQ "Zone 8850 sq. ft. Name AND DAN I. MAGTIRA, AND MRS. JANE K. MAGTIRA ng P.O. BOX 4239 State i '\ ~\ \1 } J{ / .. :-" .. , " '!< ~ ,';) C- ·l ",it-~ "" ~ I :> .~ •• t .. " J ... l':..~·;t\I(ln ~\J.. ......... ~ ... -.:: ::.~~ J).,)ll(Y ,..""n" ;:: ..... ,.. ' .• .;73 Bl POLICY OF TITLE INSURANCE ISSUED BY First A,nerican Title fnsura.ncc COIlZpan)r SUBJECT TO SCHEDULE B AND THE CONDITIONS AND STIPULATIONS HEREOF, FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation, herein called the Company, insures the insured, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs, attorneys' fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by said insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein: 2. Any defect in or lien or encumbrance on such title; 3. Unmarketability of such title; or 4. Any lack ofthe ordinary right of an abutting owner for access to at least one physically open street or highway if the land, in fact, abuts upon one or more such streets or highways; and in addition, as to an insured lender only: 5. Invalidity of the lien of the insured mortgage upon said estate or interest except to the extent that such invalidity, or claim thereof, arises out of the transaction evidenced by the insured mortgage and is based upon a. usury, or b. any consumer credit protection or truth in lending law; 6. Priority of any lien or encumbrance over the lien of the insured mortgage, said mortgage being shown in Schedule 8 in the order of its priority; or 7. Invalidity of any assignment of the insured mortgage, provided such assignment is shown in Sch(!dule B. IN WITNESS WHEREOF, First American Title Insurance Company has caused this policy to be signed and sealed by its duly authorized officers as of Date of Policy shown in Schedule A. First American Title Insurance Company BY PRESIDENT SECRETARY o.'f~ S~",n.;4~~ C"vrr",f.'" Pol!,;; nt"t 'e-1 I' J;.S SCHEDULE A Title Fee: $565.00 Amount of Insurance $120,000.00 Da te of Policy: December 6, 1985 at 8:00 A.M. 1. Name of Insured: DAN IRA MAGTIRA M. D. and JANE KNOWLES MAGTIRA '.,)! .di, •. -'l. ••.. t..>: ~ t _ created sub .1uen " n('5, U nts advo;1cPrj 'C' as to amo t9age and securE' ins Ired mor ny will,." (bl The Compa h'-' d aga·nst by t; 10!.S ,nsure , .• ' ' _ _ ~ ---"'1-0 '- Policy No. 904107-8 2. The estate or interest referred to is at Date of Policy vested in: DAN IRA MAGTIRA M. D. and JANE KNOWLES MAGTIRA, husband and wife as joint tenants 3. The estate or interest in the land described in Schedule C and which is covered by this policy is: FEE . on to an '--: costs ,r , ... "" ."n on ~ • • SCHEDULE C The land referred to in this policy is si tuated in the State of California, County of San Diego and is described as follows: The Northerly 79.00 feet of the Westerly 114.00 feet of that portion of Tract 117 of CARLSBAD LANDS, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1661, filed in the Office of the County Recorder of San Diego County, March 1, 1915, described as follows: Beginning at the most Northwesterly corner of said Tract 117, running thence South 89°57' East along the Northerly line of said tract a distance of 262.95 feet to a point; thence South 0°58' West a distance of 148.69 feet; thence North 89°57' West to the Easterly boundary line of Fourth Street, as said street is shown on said Map No. 1661; thence Northerly along the Easterly boundary of said Fourth Street to the Point of Beginning. EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: Beginning at the most Northwesterly corner of said Tract 117, running thence South 89°57' East along the Northerly line of said Tract, a distance of 114.00 feet to a point; thence South 0°05' West 6.00 feet; thence North 89°57' West 100.01 feet to the beginning of a tangent curve concave Southeasterly, having a radius of 14.00 feet; thence Southwesterly along said curve, through a central angle of 89°58', an arc distance of 21.98 feet; thence North 0°05' East 19.99 feet to the Point of Beginning. sdm/taf POOR QUALITY ORIGINAL (5) I ,I CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 438·5621 .I '/.'" , 54iJ~CO ~c i . , , ii, i; ,,f t!lti 5i40~QY TI- . kSC'D FROM D A U'-j I':} J\ (::,1, g ct, r) /J.. J) )~ /. --, '., DATE (j? ,'.:J u . \10 ACCOUNT NO. DESCRIPTION AMOUNT j J I . \; / ,) ,j) -,j J ' f' \) / I (~/ lc.? o i:.. j/ 1;:.,). uP 11 1:-IV, P L"A I'J 3/;5' lOu 1 y'/ J /' j A / 1 ~'~ :vu .' // " , jj ,) ) i-~ / ~'I ;< .1-, .:.J I \ J ",l ,i I j I 1 I I I I I I I I I I I ~ I " I I '2221 ' J RECEIPT NO. TOTAL r.-~O( . ....-J 1~~_--"-~""i~",~,~ .... ~...ui;~w.:',· . .iL·$ , .'t ~~~;_'_~:';""""' __ .~.d~i ... ~~,. I . • CITY 0" CAM.nAD 1200 ELM ~'ENUE CARLSBAD, CALlFO., • .JIA 92008 438·5621 REC'D FROM -I) c\ \\ ; DATE_'~_3 1---!2_4---f./....=:c..B----C, (,"---_ ACCOUNT NO. DESCRIPTION AMOUNT o -~ (-fl{ CC·( c;--\/(1 v I 0 v'\ ( c' 5~()i-- FfL/ I I I I I I I , ~92021~ it" ""~ ~ ~. ~. 1:1 ff>p. -o/;f '" '&. f2 ~1-~1YA~ ~ ~~ 'a 5l i~ \~..,~ P -. ~ .w ,,~ ~ 6' . I . c96.. I , ~_'V£~~ I , ReCEIPT NO. 5891::6 TOTAL C 1--i I .( PROPERTY: 825 LAGUNA DRIVE CARLSBAD, CALIFORNIA 92008 COMPLETE DESCRIPTION OF PROJECT Remove all PVC piping and replace with approved copper tubing. Provide handicap bathroom and access in accordance with State Handicap Codes. Remove existing main electric panel and replace with 100 ampere main. All interior receptacles shall be three-prong, grounded type. All ceil- ing attic area shall be insulated R-19 value. Provide approved heating system. Replace an existing window with an entrance door fronting Jefferson Street. Repair and make functional all existing windows. Change garage to physi- cian's private study as shown on blueprint with private bathroom; install gas furnace; provide access to attic; replace water heater. Repair or re- place existing shelves, cabinets and sink/faucets in kitchen; install ad- ditional sink and shelves. As shown in blueprint, install partition wall in living room to create general office and patients' waiting room; with counter/drawers, sliding glass window, 36 " door, and appropriate filing shelves. Close off existing alcove to general office with exterior stucco wall.As mentioned before and as shown in blueprint, provide handicap bath- room with easy access from 1 examination room and from waiting room. General cleaning, repair, and painting. Provide concrete walk from front door to city sidewalk. Provide paved off-street parking to the rear of building with entrance and exit on La- guna Drive (1 handicap, 3 regular, and 1 compact); variance approval to be obtained .for parking #5 as shown in blueprint. Provide appropriate landscaping with low-lying junipers and foundation shrubbery. Provide appropriate wood sign post on corner of lot. DR. AND MRS. DAN I. MAGTIRA P.O. BOX 4239 CARLSBAD, CA 92008 Tel. 619-942-9018 NOTE: Mr. Tony Mata, Senior Building Inspector, did a compliance survey on the property on July 12, 1985. The above proposal is in strict accordance with Mr. Mata's suggestions. VARIANCE ~ROPERTY LOCATION: 825 LAGUN.A: DRIVE CARLSBAD, CA 92008 1) Gross Acres ,(or square footage, if less t1Bn acre) _=-8.,::::8.,:;.5...:::0:.....,:;S::..;9:1...:... . ..:...f.:::.t..:.. ____ _ 2) zone~R~P~Q~ __________________________________________________ __ \ 3) Gencra~ Pl~~ La~d Use ~signaticn _~R~e::..:s~I~·~d~e~n~t~I~·a~1~P~r~07f~e~s~s~i~0~n~a~1------------ 4) By law a Variance may ~ approved cnly if certain ~acts are found to exist. Please read trese requ.uements carefully and explaJIl how too proposed. project ~ets each of these facts. ~e additicnal sooets if necessary .. a) Explain wfr:! there are except.1cnal or extraordinary circumsi::ances or ccnditicns applicable to tre pro.r:;erty or to too intended use tmt dO.not apply'gene~ally to.tne othe~ property ~r class' of use in 'the same· vicinity and zme: The pro D e r t y 'W ill bet h eon 1 y 's 0 1 0 D h Y sic ian's 0 f f ice i n ·t h e i m m e d i ate 'v i c in it. The roe r t . 's 1 0 cat ion . cor n e'r 0 f J e f fer son ree and Laguna Drive) and the sizes ~rid sha ~s of lot and existing Ing make it a ~o riate for ie uirea off-street arki~ to be to ·the building with safe entry ~nd exit on Laguna Drive. b) Explain why such variance is necessary for the preservaticn anel enjoyment of. a substantial property right. possessed by other property in tha same vici.:1ity and zooe but which is denied to the prop3rty in questiCY.1: The granting of variance for #5 ark in s ace will off~r am Ie' arking spaces or the physician's atients thereb avoidin an obstacles to ra IC and,therefore, avoidin traffic ·haz~rds/accidents.'and promot- Ing pe rian and patient safety. c) Explain why tha granting of such variance \vill not be materially detrimental to too public welfare or injurious to ·tr'.s propzrty or :i.mproverr.ents in such vicinity and zcne in which trn prof>9rty is located Parking space #5 is well within th~ property line with amele buffer ~one between'itB ed e and the cit sidewalk. It will not obs~ruct SI ewa pedestrians. It will not change the esthetic contour of the immediate vicinity nor will it obstruct any future improvements In such vicinity. 0) E:<plab .. ,ihy too 9rant:.ing of such variance ""ill not adversely n.E£~ct the ccmp:cehensive groeral plan: The property's location is zoned RPQ. The eroposed solo physician's office is a-Erofessional entIty qUIte compatible with the comprehensive general plan. • 825 LAGUNA DRIVE CARLSBAD, CA 92008 COMPLETE LEGAL DESCRIPTION • The land referred to herein is situated in the State of California, Cou~ty of San Diego, and is described as follows: The Northerly 79.00 feet of the Westerly 114.00 feet of that portion of Tract 117 of Carlsbad Lands, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1661, filed in the Office of the County Recorder of San Diego County, March 1, 1915, described as follows: . Beginning at the most Northwesterly corner of said Tract 117, running thence South 89 0 57' East along the Northerly line of said tract a distance of 262.9 feet to a point; thence South 00 58' West a distance of 148.69 feet; thence North 89 0 57' West to the Easterly boundary line of Fourth Street, as said street is shown on said Map No. 1661; thence Northerly along the Easterly boundary of said Fourth Street to the Point of Beginning. EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: Beginning at the most Northwesterly corner of said Tract 117, running thence South 89 0 57' East along the Northerly line of said Tract, a distance of 114. feet to a point; thence South 00 05' West 6.00 feet; thence North 89 0 57' West 100.01 feet to the beginning of a tangent curve concave Southeasterly, havin a radius of 14.00 feet; thence Southwesterly along said curve, through a cen tral an~le of 89 0 58', an arc distance of 21~98 feet; thence North 00 05' East 19.99 feet to the Point" of Beginning. • RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: ) ) CITY OF CARLSBAD ) 1200 Elm Avenue ) Carlsbad, California 92008 ) Space above this line for Recorder's use Documentary transfer tax: $ 21.00 Signature of declarant determining tax-firm name City of Carlsbad Parcel No. 203-201-16 AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this!,~day of ~&~~ by and bet we e n _____ ~------_-__:_-.>..--_:__-_:__--_:__------....... -- DAN I. MAGTIRA, M.D. AND MRS. JANE K. MAGTIRA a HUSBAND-WIFE CO-OWNERS , hereinafter referred to as (Corporation, partnership. etc.) "Developer" whose address is P.O. BOX 4239 (streed (City, state, zip code) CARLSBAD, CA 92008 and Tl1E CITY OF CARLSBAD, a muni6ipal corporation of the State of California~ hereinafter referred to as "City", whose address is 1200 Elm Avenue, Carlsbad, California, 92008. WIT N E SSE T H: WHEREAS~ Developer is the owner of the real property described on Exhibit ilA:, attached hereto and made a part of this agreement, hereinafter referred to as "Property"; and WHEREAS, The Property lies within the boundaries of City; and WHEREAS, Developer proposes a development project as follows: .J : ,,:EXISTINIG BUILDING REMODEL REV 4-2-82 TO A SOLO PHYSICIAN'S OFFICE \ , , . on said Property, which development carries the proposed name of PHY?ICIAN'S OFFICE and ~s hereafter referred to as "Development"; and WHEREAS, Developer filed on the day of ---- 19 ____ , with the City a request for p-ermit to remodel existing building into a solo physician's office; and request permit for off-street parking. hereinafter referred to as "Request"; and WHEREAS, the Public Facilities Element of the City General plan requires that the City Council find that all public facilities necessary to serve a development will be available concurrent with need or such development shall not be approved (said element is on file with the City Clerk,and is ,inco;porated by this,re!er&nce)~ and '. WHEREAS, Developer and City recognize the co~rectness of Council Policy No. 17, dated April 2, 1982, in file with the City Clerk and incorporated by this reference, and that the City's public facilities~ , , and serv~ces are at capacity and will not be available to accommodate the additional need for public facilities and services resulting from the proposed Development; and WHEREAS, Developer has asked the City to find that public facilities and seriices will be available to meet the future needs of the Development as it is presently proposed; but the Developer is aware that the City cannot and will not be able to make any such finding without financial assistance to pay for such services and facilities; and therefore, Developer proposes to help satisfy the General Plan as implemented by Cduncil Policy No. 17 by payment of a public facilities fee. -2- REV 4-2-82 NOW, THEREFORE,~ consideration of the rec~als and the covenants contained herein, the parties agree as follows: 1. The Developer shall pay to the City a public facilities fee in an amount not to exceed 2% of the building permit valuation of the b u i 1 din g 0 r ~t nl c. t u res t 0 b e con s t r u c ted i nth e D eve lop men t pur sua n t to the .Reques t. The fee shall be paid prior to the issuance of building or other construction permits for the development and shall be based on the valuation at that time. This fee shall be in addition to any fees, dedications or improvements required pursuant to Titles 18, 20 or 21 of the Carlsbad Municipal Code. Developer shall pay a fee for convers~on 0 f existing. building or structures into condominiums in an amount not to exceed 2% of the building permit valuation at the time of conversio'n .. The fee for a , con.d 0 Tn i h i u m con v e r s· ion s hat l' . be' p aid· p rio i . to· the iss u a'n ceo f a condominium conversion permit as provided in Chapter 21.47 of the Carlsbad Municipal Code. Condominium shall include community apartment or stock cooperative. The terms "other construction permits", "other construction permit" and "entitlement for use" as used in this agreement, except in reference to mobilehome sites or f " projects, shall not refer to grading permits or other permits for the construction of underground or street improvements unless no other permit is necessary prior to the use or occupancy for which the development is intended. Developer shall pay to City a public facilities fee in the sum of $1,150 for each mobilehome space to be constructed pursuant to the Request. The fee shall be paid prior to the issuance of building or other construction permits for the development. This fee shall be in addition to any fees, dedications or improvements required according to Titles 18, 20 or 21 of the Carlsbad Municipal Code. -3- REV 4-2-82 2. The Developer may offer to donate a site or sites for public facilities in lieu of all or part of the financial obligation agreed upon in Paragraph 1 above. If Developer o~fers to donate a site or sites for pub~rc ~acilities, the City shall consider, but is not obligated to accept the offer. The time for donation and amount of credit against the fee shall be determined by City prior to the issuance of any building or other permits. Such determination, when made, shall become a part of this agreement. Sites donated under this paragraph shall not include improvements required pursuant to Titles 18 or 20 of the Carlsbad Municipal Code. 3. This agreement and the fee paid pursuant hereto are required to ensure the consistency of the Development with the City's General Plan. If 'tbe fee'is not paiC!, as'provi~ied herein, the City will not' h a vet h e fun d s top r 0 v ide pub I i c f a c iIi tie s' and s e r v ~ c e s, and' the development will not be consistent with the General plan and any approval or permit for the Development shall be void. No building or other construction permit or entitlement for use shall be issued until the public facilities fee required by this agreement ~s paid. 4. City agrees to deposit the fees paid pursuant to th~s agreement in a public facilities fund for-the financing of public facilities when the City Council determines the need exists to provide the facilities and sufficient funds from the payment of this and similar public facilities fees are available. 5. City agrees to provide upon request reasonable assurances to enable Developer to comply with any requirements of other public agencies as evidence of adequate public facilities and serv~ces sufficient to accommodate the needs of the Development herein described. -4- REV 4-2-82 6 . e _ All obligations hereunder shall terminate 1n the event the Requests made by Developer are not approved. 7. Any notice from one party to the other shall be 1n writing, and shall be dated and signed by the party giving such notice or by a duly authoriz~~ representative of such party. Any such notice shall not be effective for any purpose whatsoever unless served in one of the following manners: 7.1 If notice 1S given to .the City of personal delivery thereof to the City or by depositing same 1n the United States Mail, addressed to the City at the address set forth herein, enclosed in a sealed envelope, addressed to the City for attention of the City Manager, postage prepaid and certified. 7.2 If notice 1S given to Developer by personal del~very 't~ereof to Developei ~r by depositing the ~ame 1n the United States Mail, enclosed 1n a sealed envelope, addressed to Developer at the. address as may have been designated, postage prepaid and certified. 8. This agreement shall be binding upon and shall inure to the benefit of, and shall apply to, the respective successors and assigns of Developer and the City, and references to Developer or City herein shall be deemed to be reference to and include their respective successors and assigns without specific mention of such successors and assigns. If Developer should cease to have any interest in the Property, all obligations of Developer hereunder shall terminate; provided, however, that any successor of Developer's interest in the property shall have first assumed in writing the Developer's obligations bereunder. 9. This agreement shall be recorded but shall not create a lien or security interest in the Property. When the obligations of this agreement have been satisfied, City shall record a release. -5- REV 4-2-82 \ .... 0 ::.. '" ~ ... ::. 0 '" Q) -S .c: g> ~ ~ \ IN WITNESS WKEREOF, this agreement ~s execut~d in San Diego County, California as of the date first written above. DEVELOPER-OWNEK: CITY OF CARLSBAD, a municipal corporation of the State of California DAN I. MAGTIRA, M.D. AND MRS. JANE K. MAGTIRA (~.-V:~ ~~ BY BY ~ MAGTIRA, M.~ ~ , ----~~--~-----------------------City Manager (l)' --+-I .- CO-OWNER (Title) <' L BY~~' CO-OWNER (Title) ATTEST: ALETHA L. RAUTENKRANZ, City Clerk APPROVED AS TO FORM: Individual ACKnowledgment SOfATE OF CALIFORNIA COUNTY OF. San Diego } ss. ~ On this l8thdayof March ,in the year 19~, before me, the undersigned, a Notary Public In -ro>-z c:~ o~ .-0 -+-I U row Z~ :;>..~ -+-Iii? ...... z and for said County and State, personally appeared Dan I. Magtira, MD and Mrs. Jane K. Magtira personally known to me (or proved to me on the basis of satisfactory evidence) to be the person_ whose name subscribed to this Instru~ent and acknowledged that they executed It. --(l) ""0 .-~ WITNESS my hand and official seal. Notary Public in and for said County and State FT·20 ._-----_._._-- a 1. .. J,. EXHIBIT "Ali LEGAL DESCRIPTION 825 LAGUNA DRIVE CARLSBAD, CA 92008 COMPLETE LEGAL DESCRIPTION The land referred to herein is situated in the State of California, County of San Diego, and is described as follows: The Northerly 79.00 feet of the Westerly 114.00 feet of that portion of Tract 117 of Carlsbad Lands, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1661, filed in the Office of the County Recorder of San Diego County, March 1, 1915, described as follows: Beginning at the most Northwesterly corner of said Tract 117, running thencE South 89 0 57' East along the Northerly line of said tract a distance of 262.S feet to a point; thence South 00 58' West a distance of 148.69 feet; thence North 89 0 57' West to the Easterly boundary line of Fourth Street, as said street is shown on said Map No. 1661; thence Northerly along the Easterly boundary of said'Fourth Street to the Point of Beginning. EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: Beginning at the most Northwesterly corner of said Tract 117, running thenc{ South 890 57' East along the Northerly line of said Tract, a distance of 114 feet to a point; thence South 00 05' West 6.00 feet; thence North 890 57' Wes' 100.01 feet to the beginning of a tangent curve concave Southeasterly, havil a radius of 14.00 feetj thence Southwesterly along said curve, through a cel tral angle of 89 0 58', an arc distance of 21.98 feet; thence North 0 0 05' Eas 19.99 feet to the Point· of Beginning. o • AND WHEN RECORDED MAIL THIS DEED AND, . UNLESS OTHERWISE SHOWN BELOW, MAIL TAX STATEMENTS TO: 85 45~J?G3 ' -RECORDED IN-~l OFFICIAL RECORDS ~ Dan I Magtira ~ OF SAN DIEGO COUNTY, CA.. Jane K. Magtira P.O. BOX 4239 Carlsbad, CA 92008 L 1985 DEC 6 AM8:00 I _VERA L. lYLE_ I UOU.r:ITl REW1UlER .-J ESCROW NO. 9-6882 T I T-LE 0 R D E R NO. ---'9'-'0'-4'-=10...=0'-'-7_-...;:8=---_____ _ SPACE ABOVE THIS LINE FOR RECORDER'S USE GRANT DEED The undersigned grantor(s) Jeclare(s): DocUjIllentary transfer tax is $ /3:?? ~ ( .J) computed on full value of property conveyed, or A.P.N. ;;"03 -;L 01 -I (.,. ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: ( ) City of , and By this instrument dated 22nd day of July, 1985 , for a valuable consideration Cecil H. Lingenfelter and Marian R. Lingenfelter, husband and wife hereby GRANTS to Dan Ira Magtira M. D. and Jane Knowles Magtira, husband and wife as joint tenants the following described real property in the County of San Diego Ci·ty of Carlsbad State of California The Northerly 79.00 feet of the Westerly 114.00 feet of that portion of Tract 117 of Carlsbad Lands, in the City of .CarlsBad, County o~ San Diego, State of California, according to Map tliereof No. 16'6"1, filed in the Offi'Ce of the County Recorder of San Diego County, March: 1, 1915 as more fully set fortli on attached Exhibit "A" consisting of one page~ STATE OF CALIFORNIA, COUNTY OF . ___ _ On before me} S5 the undersigned. a Notary Public in and for ~"Jd Coun1y and State, personally appeared proved to me on the basis of satisfactory cvidence to be the person(s) whose name(s) is/are subscribcd to the within mstrument, and acknowledged to me that he/she they executed the same. WITNESS my hand and official seal. SHEARSON/AMERICAN EXPRESS ESCROW COMPANY 2725 Jefferson Street, Suite 2B Carlsbad, California 92008 MAIL TAX STATEMENTS TO PARTY SHOWN ON FOLLOWING LINE: IF NO PARTY IS SHOWN. MAIL AS DIRECTED ABO\'I APD 730 Name Street Address CJt~ s.. State 1586 • Page two to Grant Deed from Lingenfelter to Magtira dated July 22, 1985 STATE OF CALIFORNIA COUNTY OF 1.os Angel es On this the 6th day of Augnst } S.S. 19~ before me, the undersigned, a Notary Public in and for said County and State, personally appeared Dean Edward Lj ngenfelter ____________________ , personally FOR NOTARY SEAL OR STAMP ~ known to me or J2loved to me on the basis of satisfactory ~e..nc:e to be fS the person(s) __ whose name s<:>-.CJaw.r-<e ____________ _ C') f' C? ...J <I: () o ~ t o .8 " m " o :!! () ~ w-LLm <I: m subscribed to the within instrument, as the Attorney in fact of Cecil H.· I.jngenfelter & Marian R. Lingenfe,lte and acknowledged to me that he subscribed the name ~l oCedl H },jngenfelte.r & Marian R.Li~re1focf§ te principal __ and his own n~~e __ as Attorn~y,_ y:ct~ ,,'. .~~ -;r-/~;;:.;: . ./, f .. ~/';/~-# Signature /' ~,~~ .;..~/_ .t'l/"'/ -/ (....-~I ( ,," ~ ~ftf-, , (/ -'" ---:- The land referred to herein is situated in the State of California, County of San Diego, and is described as follows: The Northerly 79.00 feet of the Westerly 114.00 feet of that portion of Tract 117 of Carlsbad Lands, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1661, filed in the Office of the County Recorder of San Diego County, March I, 1915, described as follows: -Beginning at the most Northwesterly corner of said Tract 117, running thence South 89°57' East along the Northerly line of said tract a distance of 262.95 feet to a point; thence South 0°58' West a distance of 148.69 feet; thence North 89°57' West to the Easterly boundary line of Fourth Street, as said street is shown on said Map No. 1661; thence Northerly along the Easterly boundary of said Fourth Street to the Point of Beginning. EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: Beginning at the most Northwesterly corner of said Tract 117, running thence South 89°57' East along the Northerly line of said Tract, a distance of 114.00 feet to a point; thence South 0°05' West 6.00 feet; thence North 89°57' West 100.01 feet to the beginning of a tangent curve concave Southeasterly, having a radius of 14.00 feet; thence Southwesterly along said curve, through a central angle of 89°58', an arc distance of 21.98 feet; thence North 0°05' East 19.99 feet to the Point of Beginning. sdm/taf ~LE V4'=J!. .el' 'II " '. PfI'Pf· L. "" 4-~~'1 ~-~--d~_r :: ~l , ", I ! I'f 35-0 . -B!h20- I t ........ ,. J 'Pa.~lc.il'4g •• , . -8.5")C 20- 1. 2Sf . , i -8x /5-. -~7 J I·' " THREJ.lC>L.D / No MO~E ~. 'h. H ~. BEVEL ~ SLOf'E E)lf"0'5Ep EOGoE 1) "'N~L E" ~aT f\;fO fee '1" 0 ~. :~. '1:)( J-srrnC; .q:>a.V;""S ~. . 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