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HomeMy WebLinkAbout; Proposed Operations Center; Site Analysis Study Proposed Operations Center; 1981-02-18SITE ANALYSIS STUDY City of Carlsbad Proposed Operations Center Prepared For City of Carlsbad 1200 Elm Avenue Carlsbad, California THIS FILE HAS BEEN FILMED. TO BE PUT IN STORAGE (HOLDING FOR FULL BOX OF 45 FILES) Prepared By Bill MacFarlane Real Estate Consultant MacFarlane and Pippin, Associates 4434 Thirtieth Street, Suite C San Diego, California 92116 February 18, 1981 TABLE OF CONTENTS Page Transmittal Letter i Site Analyses Site Number 1 1 Site Number 2 8 Site Number 3 13 Site Number 4 16 Site Number 5 20 Site Number 6 25 Assumptions and Limiting Conditions 28 Enclosures 30 MacFARLANE and PIPPIN, ^sociates 4434 30th STREET, SUITE C SAN OIEGO, CALIFORNIA 9 2116 (714) 280-6470 February 18, 1981 Mr. Frank Aleshire City Manager City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 Subject: Proposed Operations Center Site Analysis Study Re: Contract for Real Estate Consultant Services dated December 17, 1980 Dear Mr, Aleshire: This report is being submitted pursuant to your authorization and under the terms of the Contract for Real Estate Consultant Services dated December 17, 1980. The opinions set forth in this report were arrived at subject to the assumptions and limiting conditions attached and contained herein. The purpose of the site analysis study was to locate suitable sites for the development and operation of a proposed "opera- tions center" facility within a one and one-half (1-1/2) mile radius of the intersection of Palomar Airport Road and El Camino Real (within the Carlsbad city limits). It is the consultant's understanding that the proposed "Operations Center" site is to accommodate a central police station, fire training facility, and a public works yard which would require approximately fif- teen (15) net usable acres. It was also the consultant's understanding that a site of prime interest to the City of Carlsbad is owned by the County of San Diego and is located northerly of and contiguous to the Palomar Solid Waste Transfer Station. Those public agencies having jurisdiction over public improve-_ ment requirements and zoning were interviewed and the information obtained has been utilized by the consultant in formulating the data and findings. County staff was particularly helpful in providing cost data on the development of the Palomar Solid Waste Transfer Station, Several knowledgeable industrial development firms and industrial brokerage firms were interviewed regarding available sites and asking prices within the study area. After a thorough investigation of the site study area, the con- sultant offers for your consideration six (6) sites (Attachment "AA") which offer a variety of development considerations such -X- Bill MacFarlane and Carl Pippin Real Estate Brokers, Appraisers and Consultants Proposed Operations Center Site Analysis Study February 18, 1981 as cost, access, community visibility, and site preparation. Site selection was also limited to those properties that were presently or capable of being served by essential utilities. These sites were analyzed in the text that follows utilizing the following criteria: 1. Acreage 2. Physical 3. Utilities 4. Public Improvement (Street) Requirements 5. Title 6. Environmental Considerations 7. Estimated Land Value 8. Owner's Position Regarding Sale 9. Zoning 10. Comments Very truly yours, Bill MacFarlane Real Estate Consultant BM/vcf •11- SITE ANALYSIS Site Number 1 The following site analysis discloses a cost of approximately $230,000 to $273,000 to bring subject property up to a "ready to build" condition. 1- Acreage. Subject property (Exhibit "A") encompasses approxi- mately 130 acres of which approximately 25 to 30 acres is capable of functional development and utilization as an "Operations Center Facility". 2. Physical. Over 100 acres of subject property is burdened with natural drainage canyons and steep slopes, as shown on Exhibit "B". The remaining 25 to 30 acres, capable of development, has an elevation differential of 325 feet to 400 feet. This 75-foot elevation differential produces an "as is" slope from the 400-foot high point of TL to the west and south, 9% to 13% to the southeast, and 12% to the north. It is estimated that the earth work cost to develop a site pad with an approximate elevation of 325 feet would range from $100,000 to $120,000. 3. Utilities. A ten (10) inch high pressure water main was con- structed by the County of San Diego which extends through the southwesterly corner of subject property and should provide adequate water service. The County of San Diego also con- structed a sewerage system to serve the Palomar Solid Waste Transfer Station which required the installation of a "duplex' -1- sewage lift station." The estimated cost of producing a similar system to serve subject property would be approxi- mately $30,000 to $40,000. San Diego Gas and Electric Company power lines and gas main run along the westerly line of subject property. 4. Public Improvement (Street) Requirements. The County of San Diego constructed a private roadway to serve the Palomar Solid Waste Transfer Station within the confines of County- owned property. (See Attachment "BB".) This private roadway could be extended northerly to serve subject property on a temporary basis. It is the consultant's opinion that the roadway, as presently constructed, does not meet the City's public street improvement requirements. This private roadway enters El Camino Real within 900 feet of the intersection of El Camino Real with Palomar Airport Road. It is the consul- tant's understanding that this does not adhere to the City's major street policy. On the basis of preliminary information obtained from the Rick Engineering Company, a proposed major street alignment would intersect El Camino Real approximately 1800 feet northerly of the Palomar Airport Road intersection. The proposed major street would serve the Carlsbad Research Center (proposed Koll Company development), and continue easterly along the northerly boundary of the Costa Real Water District property and then follow the natural canyon. This portion of the alignment has been referred to as the proposed "Los Monos Canyon Road." •2- It is assumed that the City would prefer to develop its access from the proposed "Los Monos Canyon Road", and would construct approximately 880 feet of roadway to a point of intersection with County's private roadway. A major portion of the County's private roadway and its intersection with El Camino Real could be closed, It is estimated that the cost to develop 880 feet of the new major street would range from $66,000 to $75,000, In addition, an access road would have to be extended at least 900 feet northerly along the west line of the County's Palomar Solid Waste Transfer Station to serve subject property, It is estimated that the cost to develop the access road would range from $34,000 to $38,000. 5. Title. The County of San Diego acquired title to subject property by Grant Deed from North County Investments, a limited Partnership, dated December 6, 1973. Said deed was recorded January 18, 1974, as File/Page No. 74-014190 of the Official records (Enclosure No, 1). The County of San Diego acquired title to approximately 230 acres for a total consideration of $1,500,000 or $6,520 per acre. Subject property (proposed Site 1) is burdened with a trail easement, the Buena Sanita- tion District force main easement, the Los Monos Drive proposed road easement, and the terms and conditions as set out in the City of Carlsbad, Conditional Use Permit No, 140. 6, Environmental Considerations. The preservation of hiking trails which traverse the natural canyon floors and the open space zoning appear to be the significant environmental considerations. -3- 7. Estimated Land Value. Due to the fact that the subject property is being appraised concurrent with the preparation of this site study, no value estimate was formulated by the consultant. 8. Owner's Position Regarding Sale. County of San Diego staff, particularly the Airports Division, have consistently resisted an acquisition proposal. County staff has been willing to entertain a lease proposal for approximately 15 acres of land immediately north of the Palomar Solid Waste Transfer Station on terms and conditions as set out in the County Board of Supervisors Policy Number F-34, "Out-Lease of County Real Property" (Enclosure No. 2). * 9- Zoning. Subject property is zoned 0-S (City of Carlsbad). There is reasonable probability that the" 25 to 30 acre parcel of high ground could be rezoned to M-Q for government development. 10. Comments. This site provides the City with its basic 15-acre site development requirement and an additional 10 plus acres for future expansion. This is a definite plus factor in con- sidering the selection of this site over Sites 2,3,4 and 6. It is the consultant's recommendation that the entire site encompassing approximately 130 acres be acquired from the County rather than leasing the minimum 15 acre requirement. The acquisition of the entire 130 acres would provide the City with title vesting to a considerable portion of the proposed Los Monos Canyon Road alignment. -4- The consultant is of the opinion that the following two factors present site development problems: A. Developing access to a dedicated street which meets or conforms to the City's intersection standards. B. The close proximity of the Palomar Solid Waste Transfer Station and its attendant heavy industrial use. •5- Site Nimber 1 EXHIBIT "A' DETAIL A NOT TO SCALE lite Nu:^'^- l'^"-.^. . EXH-IBIT "B SITE ANALYSIS Site Nmnber 2 The following site could be a viable alternative if the City of Carlsbad takes over the operation of the Costa Real Water Dis- trict, formerly the Carlsbad Municipal Water District (Exhibit "C"), and acquires a triangular parcel on the westerly side of the CRWD property. This triangular shaped parcel would be created as a result of the construction of the proposed Los Monos Canyon Road (Exhibit "D"). 1. Acreage. The combination of the CRWD property encompassing approximately six (6) acres and the acquisition of a four (4) acre parcel from Beckman Instrxjments, Inc., would produce a ten (10) acre parcel. 2. Physical. The entire southwesterly boundary of the 10-acre parcel is slightly below the grade of El Camino Real and slopes gently in an easterly direction from the road. 3. Utilities. All utilities are available to subject property. $. Public Improvement (Street) Requirements. It is assumed that the City would prefer to develop its access from the proposed Los Monos Canyon Road and would construct approximately 880 feet of roadway which would be contiguous to the northerly boundary of subject 10-acre parcel. It is estimated that the cost to develop 880 feet of the new major street woud range from $66,000 to $75,000. It is also assumed that the City -8- would complete the additional street widening requirements along the easterly edge of El Camino Real. It is estimated that approximately 625 lineal feet of additional paving, curb and gutter would be constructed at a cost of $20,000 to $25,000. 5. Title. Beckman Instruments, Inc., a California corporation, acquired title to the 4-acre parcel by Grant Deed from Carls- bad Land Company, a partnership, dated August 11, 1972. Said deed was recorded September 28, 1972, as File/Page Number 259651 (Enclosure No. 3). The Costa Real Water District, formerly the Carlsbad Municipal Water District, acquired title to the six-acre parcel by Grant Deed from North County Investments, a limited partnership, dated November 8, 1971. Said deed was recorded August 3, 1973, as File/Page Number 73-215694 (Enclosure No. 4). 6. Environmental Considerations. There does not appear to be any significant or apparent environmental considerations. 7. Estimated Land Value. It is estimated that the four-acre site would cost between $650,000 and $750,000 to acquire from Beckman Instruments, Inc. If the City of Carlsbad had to pay fair market value for the six-acre CRWD parcel, it is estimated that it would cost $1,000,000 to $1,300,000. 8. Owner's Position Regarding Sale. The consultant was unable to obtain a response from Beckman Instruments, Inc. regarding -9- the proposed major street alignment (Los Monos Canyon Road), and its position regarding the sale of the four-acre parcel created by the proposed alignment. 9. Zoning. The four-acre parcel is zoned M-Q (City of Carlsbad). The six-acre parcel is zoned R-1-10 (City of Carlsbad). There is reasonable probability that the six-acre parcel could be rezoned to M-Q for government development. 10. Comments. The combing of the four-acre parcel and the six- acre parcel is lim.ited in its development utilization due to the existence of major utility easements along the common boundary of both parcels. It also falls short of the basic 15-acre site requirement. An overriding consideration is the fact that this site would produce a highly visible operations center development. •10- Site Number 2 Exhibit "C • 11- 4 Sil;e Number 2 E-xhibit "D" 2ick: B/J6. C'o N0V2 5I98C SITE ANALYSIS Site Number 3 The following site analysis discloses the fact that subject property (Exhibit "E") requires a minimum of site grading pre- paration and is capable of immediate development. 1. Acreage. Subject property Exhibit "E") encompasses approxi- mately 16 acres. 2. Physical. Over one-half of the 16-acre parcel is level and the remaining portion is gently sloping. The property has approximately 400 feet of frontage along the southerly line of Corte dela Pina within the industrial tract known as Palomar Airport Business Park. 3. Utilities. All utilities are in and available to subject property. Electrical facilities are underground. 4. Public Improvement (Street) Requirements. Corte de la Pina street improvements are completed and constructed within a 62-foot right-of-way. Subject property has excellent access to Palomar Airport Road by way of Yarrow Drive. It also has alternate access to El Camino real by way of Yarrow Drive and Camino Vida Roble. These two streets are fully constructed within a 62-foot right-of-way. 5. Title. San Diego Investments, a general partnership, acquired subject property by Individual Grant Deed from the Wilson- Mayberry partnership, a general partnership, dated October 22, -13- 1979. Said deed was recorded October 24, 1979, as File/ Page Niomber 79-445426 of the Official records (Enclosure No. 5). 6. Environmental Considerations. There does not appear to be any significant or apparent environmental considerations. 7. Estimated Land Value. It is estimated that the 16-acre site would cost between $2,800,000 and $3,000,000. 8. Owner's Position Regarding Sale. The John Burnham Company is the listing broker for subject property. 8. Zoning. Subject property is zoned P-M (City of Carlsbad). 10. Comments. It is the consultant's opinion that this site affords the City the opportunity to acquire a 16-acre site which is ready for development and is accessible from either Palomar Airport Road or El Camino Real. In the opinion of the consultant, this site was superior to all other sites analyzed. -14- Site Number 3 EXHIBIT "E' 9389-CARL - CAfa.SE - RHO A( -15- SITE ANALYSIS Site Number 4 The following site analysis discloses the fact that this parcel (Exhibit "F") is capable of immediate development with a moderate amount of site grading preparation. 1, Acreage, Subject property (Exhibit "F") encompasses approxi- mately 16.65 acres. 2- Physical. Subject property slopes gently toward Camino Vida Roble and has approximately 1300 lineal feet of street frontage. Camino Vida Roble is a dedicated street and at the present time approximately 100 feet is improved. 3- Utilities, All utilities are in and available to subject property. Electrical facilities are underground. 4. Public Improvement (Street) Requirements. Approximately 1200 lineal feet of street frontage improvements remain to be constructed within the Camino Vida Roble 62-foot right- of-way. At the present time, subject property has excellent access to El Camino Real by way of Camino Vida Roble, and access to Palomar Airport Road by way of Yarrow Drive. Upon the completion of the proposed Camino Vida Roble street alignment to its intersection with Palomar Airport Road, subject site would then have excellent access to Palomar Airport Road. 5- Title. Mitsui Fudosan (USA), Inc., a California corporation, acquired subject property by a Partnership Grant Deed from 16- irr . Palomar Airpo:^ Business Park, a general partnership, dated March 27, 1980, and by Corporation Grant Deed from MB- Palomar, Inc., a California corporation, dated March 27, 1980. Said Partnership Grant Deed was recorded April 25, 1980, as File/Page Number 80-141033 of Official records (Enclosure No. 6). Said Corporation Grant Deed was recorded April 25, 1980, as File/Page Number 80-141034 of Official records (Enclosure No. 7). The southwesterly 200 feet of said parcel is subject to a San Diego Gas and Electric Company transmission line easement. Structures could not be constructed within this area; however, it could be utilized for open storage, vehicle parking, and landscaping. 6. Environmental Considerations. The property lies within the California Coastal Zone and is subject to development review. It should be noted that a -substantial portion of an adjacent parcel encompassing approximately 65 acres, also subject to Coastal Commission review, has already been approved for industrial park development. 7. Estimated Land Value. It is estimated that the 16.65-acre site would cost between $2,500,000 and $2,800,000. This value estimate is based upon the developer completing the Camino Vida Roble street improvement. 8. Owner's Position Regarding Sale. Mr. Bernie Gilmore, repre- senting the owner, indicated that subject parcel was being planned for further parcelization into smaller industrial sites. Mr, Gilmore indicated he was not in favor or selling •17- subject property as a large parcel. It is the consultant's opinion that the site could be purchased from the present owner. 9. Zoning. Subject property is zoned P-M (City of Carlsbad). 10. Comments. Under the present plan for continued Palomar Airport Business Park development, a proposed street (Las Palmas) is to be constructed through subject site to an intersection with Camino Vida Roble. Even if the street were considered essential for traffic circulation, it would provide two viable sites. The northeasterly site would contain approximately 6.7 net usable acres, and the south- westerly site would contain approximately 7.2 net usable acres and 1.6 acres subject to the Gas and Electric Company transmission line easement. It is the consultant's opinion that this site could support the proposed operations center development as a single or split site. .18- Site Number 4 EXHIBIT "F .1 213-06 . 25 EASEMENT FOR PEDESTRIAM4 EQUESTRIAN ACCESS PURPOSES • OPEN SPACE EASEMENT SUBJECT TO SPECIAL USE PERMIT CHANGES BUC OLO NEW YR CI r? u. MAP 84I8-CARLS8AD TRACT-NO 73-49-UNIT NO.2 •19- SITE ANALYSIS Site Ntjmber 5 The following site analysis discloses a cost of approximately $160,000 to $190,000 to bring approximately 20 acres of sub- ject property (Exhibit "G") up to a "ready to build" condition. 1. Acreage. Subject property (Exhibit "G") encompasses ap- proximately 77 acres of which approximately 20 to 30 acres are capable of industrial park development or utilization as an operations center facility. 2. Physical, Canyon de las Encinas streambed runs through the middle of the property in a westerly direction. The owner- developer has prepared a conceptual development plan for subject property (Exhibit "H") which preserves over 40 acres of hillside slopes, woodland areas and the natural streambed. It is estimated that site grading would cost approximately $64,000 to $80,000. 3. Utilities. An 18-inch sev/er main runs through the property and all other utilities can be extended to serve said site. It is estimated that the cost of extending water, gas and electric would be in the range of $80,000 to $100,000. 4. Public Improvement (Street) Requirements. Upon the comple- tion of the street improvement within the dedicated right- of-way of Camino Vida Roble, subject site will have approximately 480 lineal feet of frontage contiguous to the southwesterly edge of said street. Due to the topography and configuration •20- of the property capable of development, a certain amount of internal road system would have to be constructed. Upon the completion of the street improvements within the dedi- cated right-of-way of Camino Vida Roble, subject property would have excellent access to Palomar Airport Road and El Camino Real. It is estimated that the frontage improve- ment cost applicable to subject property would be in the range of $16,000 to $18,000. Title. The Birtcher Business Center - Corporate Palomar, a California limited partnership, acquired title to subject property by Grant Deed from Birtcher Pacific, a California general partnership, as an undivided one-half interest, and Richard P. Hausman, a married man, as to an undivided one- half interest, as tenants in common, dated January 21, 1980. Said deed was recorded January 25, 1980, as File/Page Number 80-029497 of the Official records (Enclosure No. 8). A small portion of subject property is subject to a San Diego Gas and Electric Company 200-foot transmission line easement. The portion affected parallels the 480 lineal feet of road frontage. The southwesterly boundary of subject property is subject to a 50-foot wide San Diego Gas and Electric Company transmission easement. Environmental Considerations. The property lies within the California Coastal Zone and is subject to development review. It is the consultant's opinion that at least 45 acres would have to be preserved in its natural state, and that the site •21- development plan would have to interface with the existing streambed and topography. As a single user of the entire parcel, the City of Carlsbad could develop a very compatible development plan and create an operations environment and setting that would be unique. 7. Estimated Land Value. It is estimated that the 77-acre site would cost between $800,000 and $1,000,000 on an "as is" basis. 8. Owner's Position Regarding Sale. The proposed Palomar Oaks development was shown by W. H. Daum and Staff on behalf of the Birtcher Pacific Development Company. 9. Zoning. Subject property is zoned P-M (City of Carlsbad). 10. Comments. It is the consultant's opinion that a single user, such as the City, could effectively develop this environmentally sensitive site within the parameters of the Coastal Zone requirements. The time frame for the completion of Camino Vida Roble street and utility improvements and that portion of the cost applicable to said site would have to be negotiated with the developer of the Palomar Airport Business Park. The City would also have the option of developing usable industrial land beyond its need which could be marketed. -22- Site Number 5 EXHIBIT "G' T60-I66-0I -02 ^^7^^ T.'i2S..R.4vV. -23- PALOMAn AinPORT nOAO c'osccnTclocccrr; •,\ LEGZ.N'D VJ OAK ^NOiyw'n 19 rt 21 Ul Lot # Size Lot # Size 1 2 3 4 5 6 4.82 ac 3.15 ac .83 ac 1.33 ac 1.88 ac 1.76 ac 7 8 9 10 11 12 . 75 ac . 77 ac 1.00 ac 1.00 ac 1.01 ac 1.42 ac Lot « 13 14 15 10 17 IB 19 Si?.o 1.G2 ac 2.06 ac l.C.l ac .:.r>7 ac 1.90 ac 1.57 ac 2.02 ac M SITE ANALYSIS Site Number 6 The following site analysis discloses the fact that subject property (Exhibit "I") would be difficult to consider as a possible site due to size and the fact that it is located in the unincorporated area of the County, subject to County zoning E-l-A. It encompasses approximately 6.55 acres on the westerly side of El Camino Real and 2.63 acres on the easterly side. 1- Acreage. Subject property (Exhibit "I") encompasses approxi- mately nine (9) acres. 2. Physical. Subject property is reasonably level on the east side of El Camino Real and level to gently sloping on the westerly side. 3- Utilities. Water and electrical utilities are available and the nearest sewer main is approximately 1,000 feet northerly of subject property. 4. Public Improvement (Street) Requirements. Subject property has frontage on El Camino Real. It is the consultant's opinion that additional frontage improvements would have to be constructed in order to accommodate the proposed operations center facilities. 5. Title. Anthony Bonns and Dicky Bonns obtained title by Grant Deed as husband and wife as community property from •25- Henry Silver and Edith Silver, et al., dated April 27, 1976. Said Grant Deed was recorded July 13, 1976 as File/ Page Number 76-218512 (Enclosure No. 9). 6. Environmental Considerations. There does not appear to be any significant or apparent environmental considerations. 7. Estimated Land Value. In view of the fact that this site did not meet the basic site criteria, no estimate of value has been formulated. 8. Owner's Position Regarding Sale. The owners were not con- tacted regarding their willingness to sell. 9. Zoning. Subject property is zoned E-l-A (County of San Diego) 10. Comments. The 6.55-acre parcel on the westerly side of El Camino Real and the 2.63 acres on the easterly side are presently improved v;ith major greenhouse structures. It is very unlikely that the owner would be willing to abandon the structures without compensation. •26- 4- BOY Site Nimiber 6 RHO. 9 36.20 AC 20.02 AC. 0 20.02 AC. 1341 20.^S« AC POR PAR 2 pw. iiaa S3 3 i t. AC 3L65 AC EXHIBIT "I' 'AGUA SHT 1 (52?) EL CAMINO REAL •27- ASSUMPTIONS AND LIMITING CONDITIONS The opinions and findings set forth in this report were arrived at subject to the following assumptions and limiting conditions: 1. It was assumed that title to the six (6) sites was good and marketable, subject only to those liens, encumbrances and easements of record and as would be disclosed in a policy of title insurance. It is assumed there are no unrecorded encum- brances of any sort which would have a material effect on the development capability or value of the sites. 2. It was assumed that there were no hidden or unapparent conditions such as subsoil, or sub-surface structures which would render the sites more or less valuable; no responsibility was assumed for such conditions or for engineering which might be required to discover such factors. 3. It was assxamed that the sites could be conveyed free and clear of all financial liens and/or enciambrances. 4. No liability was assumed for legal matters, especially any affecting title to the property. 5. Information, estimates and opinions furnished to the Consultant and contained in this report were obtained from sources considered reliable and believed to be true and correct; no responsibility for accuracy of such items was assumed by the Consultant. •28- 6. Any sketches, maps and/or photographic views dis- played in this report were included for the express purpose of assisting the reader in visualizing the property; no responsi- bility for accuracy of these exhibits was assumed. No land survey of the sites was made by or at the direction of the Consultant. 7. It was assLimed there were no legitimate environmental nor ecological reasons which would prevent the feasible and economic development of the sites to their highest and best use. 8. It is requested that neither all nor any part of the contents of this report (especially any opinions, findings, recommendations and identity of the Consultant) be disseminated to the public through advertising media, public relations media, news media, sales media or any other public means of communication without prior consent and approval of the Consultant. •29- Enclosure No. 1 WHEN RECCROEaJ, PLEASE rms iNsrnuMENT TO 1S87 Caerk, Board at Superviaon San Dieso County Adcniniitntion Center 1600 Paciflc Hisin-ay San Diegc CaUfornia 92101 NC TRANSFER TAX DUE f.ll 74=0UldO /i>;C!. no., »GCK \%H . „ RECORCCOREOUZtTSr ^. 0FFIi;UU RiCOMI SkNOIECOCOUNTT.aLC. HAItUTF.I(.0OM l:tCWOE« . HO fEi A) -»PACa A80VK FOR f JOOROOm UH ONLY__JL^ Assessor'i parcel No. ...2.2i.:i35iI-J3.Tx.J2:.„l.Z GRANT DEED PnHiX PaUnar Ali port Extqnsf on wjaN*_JA J2L1 Pareel tta. JUJULi jmilLXOUmLIiiVISItJEaiS.. _a_i.lElJt£iL.£arJjiersh.l(i_ fX)R A VALUABLE CONSIDERATION (Jo(es) hereby GRANT to the COUNTY OF SAN DIEGO aH that real prorerty in the County of San Diego SUte of Caiifomia, de«crlbed as followt: "arcel 73-1315 .\ (11-27-73) fwA ) Tho.e purtlsns of Lots "A" and "B" of ;^ancho Agua Hedionda , in the City of Carlsbad, ounty of San Diego, State of California, according to Mao thereof ;io. 323, flleu In t.*ie Office of thi County Recorder of San 3iego County, riovembor 16, 13'C, descriled as follo'rfs: Co.-ncncin-: at Point 14 of said Lot alonr 'he boundary of said Lot "3" '3" as designated on said :!ap 'lo. South 39'54'00" Last, 23.41 feet C:!3; thence . „. .. to the ."ortl.easterly corner of land described In deed to ;iorth County Investnents, recorded June 16, 1971 as .lie io. l^o673 and being the TRUE POiriT OF SEGIHIIING; thence retracin" along said bouiJary iorth 33'54'00" West 23.41 feet to .'aid Point 14 of Lot "3"; whence aloi.-i the boui.liry of said land of Ilorth County Investor's is follows: Soct.n 54"15'33" -'est, 32i,.«a f:et; South 50'55'35" Uest, 17M.65 feet; South Or28'24" Vest, 7.37. J^O feft; an Soutn 0'4b'lS" West, 2187,63 feet to the nost riortherly correr of land dcicrlbed it ar;e1 1 in aeed to Carlsbad Municipal Water Oistrict, recorded jec!rt;er 27. 1561 as F11-; Jo. 2^2139 and being a point herein designated as Point "X"; tl crcc almir the biundarv of said Water District's land as follows: South 73*43'i5* Ea't. 232.43 feet to an angle point therein; and South 33»38'25" East 341.36 feet to the rest East'.-rly corne.- of sold land; thence South 33*'33'25" ^ast, 100.30 feet; thence 5cuth 5T2T:5- Aes:. o3?..00 foet to the Northeasterly Hne of Cointv .Road Survey 'to. ir.Z (known as i-l Canine =<<!dl i according to Plat thereof on file in tne 'ffice of the Cnu.T.y En.-iinecr of San OIJVJ? County; thence alonq said 'lortheasterly line '•'orth tS-SS'JS" '..'est (Record . .lortl. 3.3*35'00" West) 50.00 feet to a point heroin desiir.atet as Point "Y"; tn-ncr continuing North 3a"'38'25'* West, '50.00 feet to a line which bejrs 1 to o -30- Ib88 Parcel 73-1315 A (n/27/73) (FCO) Contd South 10'4«'15- West fn» said Point 'X"; thence South 1(r46'15' West, 39.50 feet to the center line of said County Road Survey Ko. 682; thence along said center line South SS'SS'aS" East, 1047.69 feet to the Westerly prolonga- tion of Course Ho. 3 1n the Southerly boundary of said Lot "B" as sho«m on Record of Survey Hap Ho. 517, filed 1n the Office of tN County P*corder of San Diego County, October 23, 1935; thence along said prolongation and said Course Ho. 3, Horth 84'34'38'' East (Record • Horth 84*38'00" East) 1892.91 feet to a line which bears South 03*05'08- East from the TRUE P0:KT OF BEGIH- HIHS; thence Horth 03*05'08'' West, 5593.11 feet to the TRUE POIK" OF BE6IKHIH&. Parcel 2: An easenent for street and highway purposes over that portion of Lot "B" of Rancho Agua Hedionda. In the City of Carlsbad, County of San D1e<jo. SUU of California, according to Map thereof Ho. 823. filed 1n the Office of tht County Recorder of San Diego County, Hovember 16. 1896, descrlbel as follow: Beginning at said Point "Y" hereinabove designated In Parcel 1, oeing a point on the northeasterly line of County Road Survey No. 682 (kiown as El Camino Real) according to Plat thereof on file In the Office of the County Engineer of San Diego County; thence along said Northeasterly Hie South 38*38'25'' East, 50.00 feet; thence North 51*21'35" East. 638.00 feet; thence North 38*38'25" West. 30.00 feet; thence South 5r21'35" itest. 610.00 feet to the beginning of a tangent 20.00 foot radius curve, concive Hortherly; thence Westerly along tht arc of said curve through a central angle of 90*00'00" a distance of 31.42 feet; thence South 51*21'35" West, 8.00 feet to the Point of Beginning. This deed Is made pursuant to an Order of the Court, dated Janm.ry 9. 197* a certified copy of which Is attached hereto and recrrded concurrently herewith. 1 d3 _J -31- Dabrd this.. 6th 1889 —day ot.. t December ,lSf7_ Partner STATE OF Courty of On — said County and State, personally appeared.. 19_ . before me, the underaigned, a Notaiy Pubiie ia aad for known to me to be the person whose name adoiowledged that executed the same. Witness my hand and official _aufaacribed to the with.n instniment, and Notary Public ia and for aaid County and State STATE OF CAUFORNIA, Ig,^ County of San Diego. / On this day of _ - in the year 19 _., before me. JEES2 OSUNA, County Ork and ex-offido Oerk of the Superior Court tn and for said County, which U a court of re.»nj having a teal, personrUy appeared ^"ZZZIZ , ,"~ known to me to be the person described In and whose name jubicribed to and wHo executed the annexed Instrument, and acknowledged to me that - J»e locecirted the tame. In Witness Wh. eof, I have hereunto set my hand and aflixed the seal of said Court st my office in the County of Sa.i Diego, the day and year in this Certificate first above written. JESSE OSUNA, County Qerlc and tx-oCBcSo Clerk c( the Superior Court By. _ - Deputy ThU U to certify lhat the Interest in real property conveyed by the foregoing deed to the Co Jnty of San Diego, a political corporaUon, U hereby accepted on behaif of the Board of Super%'isors of said County rf San Diego pursuant to authority conferred by Resolution of said Board adopted on October 12, :371 an i the Grantee con- sents to recordation thereof by Its duly authorized officer. Dated. R. J. I^I'-LIMLIN, Director Real 'roperty DtvU«.B 1 to o Dated thia_.. Sth Bv Bert G. Stalford, Ganefc^j Partner i STATE OF CAUrORNIA COUNT*- nr Htn Diego Oa December 6. 1973 1890 bc^Mv MC. tV aadcrwoe^ * Httrf Pttltbc m ut4 far Mid CMMT and Sui«. pcnonaOr Tp*——' BgRT.fi. .ST\T.Pn\D General ^'^^^^i^xmoao^ih> t-ni-^i? ikmt atrmlM Ih^ wit^ia iMinuMnl. and ackiMwledced la mt Uult N*n(e (Typed Notary Public in Pnnledl lid CMtalT aad Su« ron HOT Am SEAL on (TAMP ror PALOMAM AittPoar E(TENSIOM PAWCO. 7^-1 }I? A TMi It b nilllT liijt UM littKffI * imt pn»trti camnrad kf tlMlafifoliii<MdCl Iranitalh«CaXr°'SMiOlaf,.• foWid cofporation ii hafcbf accaptad oa bahaU of tha levd Supervtsofi ol sjid CMntr of San Cifta purum* la authortly conltiiad by llci:il liia of ta«l iM-t adoplad oa OclobK It 1971 and :>t C-antie conunis ta 'Kordation lK*«af br IU dul^ auttiufiiad olti:<r. .'"~,itTi ~i""'r:f '.r' "7 "* "~ J"vi*i ty u-unveyeu oy tne roregomg oeeti to me county of San Diego, a polltiaJ corporaUon, U hereby accepted on behalf of .the Board of Supervisors of said County of San oSgo pursuit to authority conferred by Re«,Iution of said Board adopted on October 12. 1971 an,l tii G«ntee co^ sents to recordation thereof by its duly authorized officer. I>ted R. J. PFXIMLTN, DiTKior aSn^rjperty btvlaSa' 1 •33- CoiSfty of San Diego, Califomia BOARD OF SUPERVISORS POLICY Enclosure 2 Subject OUT-LEASE OF COUNTY REAL PROPERIIY Policy Nxmnber F-34 Page i of 6 Purpose To provide general guidance to interested members of the public. County officers and involved staff as to the underlying principles of managing ' public real property under the jurisdiction of the Board of Supervisors j and the multiple objectives of a management program. Background 3^ The County, in contrast with other public agencies such as the Port District's tidelands, the City of San Diego Pueblo and utility lands and State and Federal public domain, owns very little real estate beyond that actually occupied by public facilities such as roads and buildings. It is not the County's intent to "warehouse" surplus property, but rather through sale return such properties to the private sector when no current or prospective use in envisioned. Nevertheless, from time to time the County has some properties available for pri«vate use which are retained for further public use. Future rights of way or properties l&cquired for future park development are representative of cases where an interim private use may be compatible with a future public use. In other instances, the combination of public investment and private operation may combine the best aspects of the private enterprise system with the stability and large capital investment available from govern- ment. A concessionaire in a County regional park or a fixed-base opera- tor at a County airport may provide opportunities of serving the public using these facilities in a more responsive manner and at lower costs than staffing solely by public employees. Achieving these beneficial relationships requires a leasing program with the County as lessor. This out-leasing program is distinguished from the in-leasing program where the County is the lessee, covered by Policy F-22. The need to communicate the basic objectives of this program suggests that a Board policy statement provide a firm foundation to practices developed in response to the numerous specialized situations existing in future rights of way, parks, airports and public buildings. Polic Tt is the policy of the Board of Supervisors that: •34- CdlRty of San Diego, California BOARD OF SUPERVISORS POLICY Subject OUT-LEASE OF COUNTY REAL PROPERTY Policy Number Page F-34 2 of 6 Property be sold where no existing or proposed public use is known. Speculation regarding appreciation in value or the securing of income through operation of properties for private purposes are not considered appropriate County functions. Therefore, property will not be retained merely for the production of lease revenue. Properties held for public purposes will, on occasion, better achieve their public use with the assistance of a private tenant. The pri- vate tenant may provide services to the public such as a fixed base operator at an airport or a concessionaire in a public building or County park, A tenant may reduce the County's holding cost by providing maintenance and custodial services, protecting a County asset through a transitional period from our original acquisition until the ultimate County project is undertaken. A County tenant may provide income to the County, reducing the County's acquisition and holding costs, offsetting in whole or part the operating cost of a County program. It is, for example, a County objective that airports "operate in the black" with sufficient income derived from leasing and other sources, to fully offset the County's out-of pocket operating costs of County airports. The securing of income must be coordinated with the other County objectives in retaining title to any property. The securing of income is never the sole criteria of a lease as a sale is preferred if no public purpose is served through retaining title other than income production. The private business opportunity of a lease of County property shall be offered without favor of discrimination to all individuals or groups capable of performing the services desired under the lease. A public solicitation process commensurate with the available market and interest shall be undertaken. The implementation of the public solicitation process shall be at the discretion of the Director, Department of General Services, but would always contain a process of direct mail and/or media adver- tising commensurate with the most effective method of reaching prospective lessees or contractors. The Director, Department of General Services, may, for cause, seek a waiver from the Board for any or all of the solicitation processes if not required by law. -35- CovJ^y of San Diego, Californ BOARD OF SUPERVISORS POLICY Subj ect OUT-LEASE OF COUNTY l^AL PROPERTY Policy Number F-34 Page 3 of 6 The highest net return to the County shall provide the method of solicitation and the basis of selection if all proposers are equally qualified to meet the other objectives of the individual lease under contemplation. Where it is not required by law that the property be leased to the highest bidder, the Board of Supervisors e?ed eligible^or a waiver of the highest net retum provision. Leases containing holdover or indefinite term provisions shall in- clude an inflation provision to provide for increased rent during any holdover period. The Department of General Services v7ilJ. file with the Board of Super- visors on a quarterly basis, a list of all lessees occupying County property on a holdover longer than 90 days beyond the expira- tion date of their lease and any existing leases that will expire during the subsequent 90 days, together with a brief description_ of the leased premises and proposed uses after the lease expiration. Notwithstanding provision 3 & 4, the State of California, Health & Welfare Agency, Department of Rehabilitation, shall be given the first opportunity of submitting proposal through their Business Enterprise Program for a concession to be operated by a legally blind person, in specific cases, when the lease proposal is to solicit a lessee to provide the necessary facilities, equipment and management for food service and related items. The State s proposal, if submitted, wiil be considered on its merits, before other proposals are solicited by the County. Certain properties, such as airports and parks, may warrant per-_ formance leases requiring special management or investment of private capital in public facilities due to unique or restricted use condi- tions imposed by financial, legal or other convenants. Establishment of special lease policies, such as the Gillespie Field Development Council's "Implementation Practice for San Diego County Airport Development," as approved in principle from time to time by the Board of Supervisors, shall become a part hereof by this reference and shall be the controlling guidelines for leasing these special properties insofar as there is any conflict with other provisions of Policy F-34. -36- 0 1 Cd^ty of San Diego, CaliforS^ BOARD OF SUPERVISORS POLICY Subj ect OUT-LEASE OF COUNTY REAL PROPERTY Policy Number Page Subj ect OUT-LEASE OF COUNTY REAL PROPERTY F-34 4 of 6 Procedure Leases of County-owned real property to private interests shall be processed as follows: 1. The Board of Supervisors through the Assistant CAO (Public Works and Land Use Area) shall have the responsibility for determining a County property is available for lease. Upon such determination, the Director, Department of General Services, shall be responsible for processing a lease consistent with the County's future need for the property. The processing of said lease shall follow the appropriate procedure outlined below. 2. Funding and authorizing of the leasing process shall be originated by the Department of General Services for General Fund properties. Funding and authorizing of the leasing process for non-General Fund properties shall be originated by the Department having administrative jurisdiction over the special fund, such as Parks & Recreation and Department of Transportation. 3. The Airport Division of the Department of Transportation shall be the principal point of contact with airport lessees and is responsible for the functions and activities of lessees having to do with the operation of County airports. The Airport Division shall assist the Department of General Services in identification, screening, selection of and negotiation with proposed tenants and lessees on airports. 4. The Director of the Department of Parks & Recreation shall be the principal point of contact with lessees having leases on property managed by the Department of Parks 6c Recreation. The Director or his representative shall assist the Department of General Services in identifying, screening of and negotiating with proposed tenants and lessees of Parks & Recreation managed property. 5. The Director, Department of General Services, shall determine the appropriate leasing procedure and shall process the lease according to procedure "a," "b," or "c" below. ' a. Lease-wlth-bid procedure (Government Code 25526). -37- County of San Diego, Califomia BOARD OF SUPERVISORS POLICY fSubject OUT-LEASE OF COUNTY REAL PROPERTY Policy Nxmiber F-34 Page 5 of 6 (1) Make on-site inspection and determine rental value (minimum bid amount). (2) Prepare a "Resolution of Intention to Lease Real Property of the County of San Diego and Notice Inviting Bids to Lease" and a Lease Agreement form for submission to the Board of Supervisors. (3) Submit Recommendation to the Board of Supervisors with Resolution and Lease Agreement form attached. (4) Upon approval and adoption of Resolution of Intention to Lease Real Property, post notices according to Administra- tive Code (Sec. 73.11) and seek bidders through commercial advertising. (5) Prepare and mail to bid prospects a bid package containing bid and bidding instructions. (6) After bid opening, review the high bid and prepare to submit the executed lease to the Board of Supervisors. If the Director, Department of General Services, does not recom- mend the high bidder to the Board of Supervisors, prepare a Board of Supervisors letter to the effect and make a recommendation that is suitable under the circumstances. b. Lease without bid procedure. This procedure applies only to those leases on County airports and park property (Government Code 25536). (1) Make on-site inspection and determine fair market rent. (2) Negotiate lease with interested parties based on standard lease package as appropriate. (3) Submit lease to Board of Supervisors along with recommend- dation for action. (4) File copy of approved lease and notate tickler file to provide reminder of next action required (renegotiation, renewal, termination). -38- Cou^l of San Diego, Califomia"' BOARD OF SUPERVISORS POLICY ubj ect OUT-LEASE OF COUNTY REAL PROPERTY Policy Number F-34 Page 6 of 6 c. Rental agreement procedure. This procedure applies only to those leases not exceeding $500 per month in rent and not exceeding one year in length in term (Government Code 25537- Adrainistrative Code 73.11). (1) Make on-site inspection and determine fair market rental value. (2) Select tenant after negotiating with interested parties. (3) Submit signed lease to Assistant CAO (Public Works and Land Use Area) for approval. (4) File approved Rental Agreement and notate in tickler file to provide reminder to seek authority to find new tenant three months prior to expiration. County-owned or leased land and improvements available for lease shall undergo a rental valuation review at the time the property becomes available for lease and during periodic rental valuation reviews conducted at appropriate time periods consistent with good business practices, but in no event, longer than five-year intervals Leases having a term exceeding ten years in length shall provide for renegotiation to rent every nine years with interim cost of living adjustments every three years, wherever practicable. Reference B/S Action 11-30-76 (29) B/S Action 5-2-78 (8) B/S Action 5-22-79 (150) •39- ECORDINa REOUESTCD BY *Nti HH-N aCCOaOCO UAII. THIS DCIO AND. UNLIUS aT>-E<WISa SHOWN •CLOW. UAIL TAX ITATtHCNTt TO: 3 3P..iJirb9r_3B!atT.»rt... .. J^aiarlmi* ..C al.irtmi.«._.?.4$3k.. enclosure No rmjrtoL HO. _ BOOK isn ml msiMANcs a ntuii' oa SEP 28 9^0AM72, OFFICUM. MCOMCa UM OtCQO COUNtY/OM'. SF-ACC ABtJVC THIS LINE POR RECORDEa-S USE Cltj of Carlafcaa (City or "Cni . ninrorporatcd**} Grant Deed THE UIMOERSIC.Nrj) CRtNTOII<>) HECIAREI., ^ DOCUMENTAKV TR.^.>SFE« T».X t SOOmX C c«npale.J oi full •ajii* of pcapfTty coawred. af • eontalrd ut full value lew vajxe .1 Iie«» ar tMitat^aac • rnu^iaia^ at I _.....C.iaS!UD..LJk^^ of M>, aMd TIANSE* TA> ^419 tUBIT >. 1.0CJ«. llCOtStI For a Viluahic Can,i<]er*liol^ lh- leeeipt <:'. wliicli ia kereb; ar lino w ledy <<1, heiekT CR.\NT(a> To aSCSKAJI I)6T3»KS»TSa...I^K.r, ..a .l^iJpnBla M _ . State of California. deacril>ed aa fuJlowa: all *<il real property aitna'ed in tlae County of.. Saa.Jliaca Tkat eartala portion of Lot "S" of Rancho A(ua Ka^oada, ia tha City of Carlabad, In tha CouB^ or Sai Diago, Stat* of California, aeeordlBg to Kap thara Ko. 823, nis4 ia tha office of Couaty Hneordar uf Sm Diago County, liorajtbar 16, 1896, ar mra particularly daacrlt-4 la Exhibit "A" attachad barato ana mwdm a part y^areof and con^rlsad of 1 paga. D.ted....AW».»t .llj . .wr-?.. SS. STATE OF CALIFORNIA • COl.NTV OF. Sin Dle35 )" '*0n tliri.«i....l2,, 10T>.. Ur.re IW. Ibt «nd,T •iBPrd. a Nt.tary I'ublic in aod lte t*id Slate, p..TM>'ijl1, apjiearr. _.. _ known lo U) l.f tlie prrMA..^ wfaow naire....^ •ubt.iibed to tbo within inatnjnmt aad arannwI«lff.H tba!.. _...^h\?^_ rarculed the aajnc. •arPftSS my band and oSrial leal. 5iffial'i'v../._ CiUU.S8iD UND COKPilR Uyi Darla Dauas i'artaar OfTOHl StAt lUtGMfT L UYMOtAS i-^-jr.tp. hOtaUT fuEl>C<AufO«"lA \\*.2s?f i^iiiciPAi orrict m ii2i^ s«H oicso axiNP" , My Camwuawa ti,ina >»«ia /, \S1\ '2, la5SIeHS=;2Sai3HiaSEEaaS2aEEZS(E3 (T%ti anM far crffl.l*! aatari^ >f«l> IM*. TAX STATEMENTS TO fAllTY SHOWW ON FOLLOWINC HUE; IF NO fAimf SrlOW.I, MAIL AS DIRECTED A»OV£ (Nane) ( Addreaa • A . • hrr. Sirrt,, City. Statt, mU Zir Cade; -40- > r I^f.l-ANO RCrEMtD TO IM THIS REPO«T IS SITUATED IN THE STATE OT CALIFORNIA• COUNTY OF SAN OIEGO. ANO IS DESCRIBED AS FOUUUhS* ^JJi^ CERTAIN PORTION OF LOT OF RANCHO AOUA HEDIONOAt 'N rl,,Z.V^ OF CARLSBAOf IN THE COUNTY OF SAN OIEOO. STATE OF CALIFORNIA, ACCORDING TO i>AP THEREOF NO. 123. FILED IN THF OFFICE OF COUNTY RErOROER OF SAN OIEGO COUNTY, NOVEMBER 1«* 1896, DESCRIBED AS FOLLOWSi BEGINNING AT ThE CORNER OF LOTS "C" ANO "B" ON THE NORTHERLY BOUNDARY LINE OF SAID LOT "B"! THENCE SOUTH 20*19'00« WEST, 2273.70 FEET TO AN ANGLE POlNTi THENCE SOUTH 20»J1«30" WEST. 2 391a3C FEET TO THE NORTHEASTERLY <IGHT OF WAY LINE OF COUNTY ROAO A-13, 60.00 FEET WIDE, AS SHOWN ON RECORD OF SURVEY MAP NO. 517. FILED IN THE OFFICE OF COUNTY RECORDER OF SAN 0IE63 COUNTY I THENCE CONTINUING SOUTH 2t3«31«SO" WEST TO THE EAST-RLY PROLONGATION OF THE COURSE IN THE CENTER LINE OF SAID COUNTY ROAO HAVING A BEARING OF -SOOTH •0*12'OO" EAST"I THENCE NORTH 80«l2«00a WEST, 7.40 FEET TO AN ANGLE POINT IN SAIO CENTER LINEl THE.HCE ALONG SAID CENTER LINE. SOUTH 21»35«00" EAST. I263a70 FEET ANO SOUTH 3e»35'00" EAST. 733.87 FEET TO THE SOUTHPrfESTERLr CORNER OF LANO DESCRIBED IN DEED TO TQMI YAOA , RECORDED MAY 18, I960. SERIES 1, BOOK 19*0. FILE NO. 103249. %tl°. '^^^ ^""^ ""'"T OF BEGINNING! THENCE ALONG THE SOUTHERLY LINE OF SAID LANO. NORTH a2*32'4A« EAST, 1312.97 FFET TO THE SOUTHEASTERLY CORNER THEREOFI THENCE SOUTH 10»54^00- WEST TO THE SOUTHWESTERLY LINE OF SAIO LOT «B-I THENCE ALONG SAID SOUTHWESTERLY LINE NORTH 39«35<00« WEST BEING ALSO THE CENTER LINE OF SAID COUNTY ROAO To THE TRUE POINI OF BIGINNINO. ?i«« 1 Kaaz«« Mo. k22-3ka CAHI.38*) UKD Cavxn, a PartaaraUp to BICKXU 3STHD«W3, DC., a CaUlbnria aorporatina •o 94«9aS PAGE to CJI 07 iT -41- iclosure No. 4 •COUKSTCD BY Carltbad Municipal Watar DUtrTlt ^ S780 El C«alno Real Carlabad. Ca 92008 •L J •^215634 AU83 8iD/ans SM . a^Aca ABOVE THt* LME roR Rcconeca-a iiac • Coo,Idaratlor balng Ust than $IC0.0O J nocuawttAty Twaaam TAI a nt> itaiapi raqulrad ON NU vAua e. I coaawno oaa auu vAiui loi vmn ttm / aacuniaaAHOa ••i.taai af nai or waa . CccU. QoiZ f?cJL. 2Cf^ -OSD-/Z. Grai't Deed FQK A VALUABLE CONSIDERATION, tip< af wUdi ia l>ral>7 acbmrUfad. NORTH COUNTY INVESTMENTS, a Lliritad Partnarship • CRAr<r(S) la CAMLSBAO MUHII:PAL WATER OISTRICT, a Municipal Watar District organliad and axlstlng under Ht-nlclpal Watar Oistrict Act of 1911 as amsndad lhe follwinf deacribed real prapeny in tbe Coairfy of San 0 [«90 , Suae nf (Ulifaivia: All that portion of Lot "B" of RANCHO AGUA HEOIONOA. In th. County of San Diago, Stata of C.lIfornia, according to Map tharaof No. 823, filed !n tha offlc* of tha County Recorder of San Diego County, November 16, 1896, bounded and described as par legal description attached hereto as Exhibit "A" consisting of one page. Dated November 8. 1971 NORT.I CiHINTY INVESTMENTS, a Limited Partnership STATE OF CALIFORNIA COliNTY OF . W.r» nw. llw iifidrr- I i ss. STATE OF I (l lmRMA ciM NTY or _5«n illijo n. .__Moy 2. 19Z1 Iwfur. me. i(w un.l,.r.ianr,4. i N.u.rT Pul.l..- a.,.t fo, ..iH I Sl.l., i...rw,n.(|y Bert G. Stalford . .one_ . ., t rsrryiMl ik^ leiihoi iftalrjita^ni. and i kn(>»Uilc^ to iKal i a- L. EunUe_ R. Nordberg ^ N.™ lT,|,d « P'lniHi Noi.r. Pulilw in mni Iw .^id CiMtnii .nJ Sl.l EU;J:CE a I.VJ.^OSERGJ Pitiiijp*t olfict la I Ull meu rouarr a • CilKl Janwy 4, tn, / »wwwww^#.^..»,^ww.ww^aji i •42- ARCEL 1 ALL THAT PORTION OF LOT "B" OF RANCHO ACUA HEDIONDA/ IN THE COUNTY OF SAN DIECO, S'ATE OF CALIFORIIIA, ACCORDING TO MAP THEREOF NO. ilj, • FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIECO COUNTY, NOVEM- BER 16, 1896, SOUNDED AND DESCRIBED AS FOLLOWS: • • ^ :, . . • COHMENCIKC AT THE NORTHWEST CORNER OF.LOT "B" OF SAID RANCHO ACUA HEDIONDA, AS SHOWN ON RECORD OF SURVEY MAP NO.. 517, FILED IN THE •OFFICE OF COUNTY RECORDER OF SAN DIECO COUNTY, OCTOBER. JO, 19J5; THFNCE ALONC THE BOUNDARY OF SAID LOT AS SHOWN ON SAID KAP NO. 517, SOUTH Si'ltS' EAST, 5173.00 FEET TO THE SOUTHEAST CCRNER OF LOT "0" OF SAIO RANCHO AGUA HEDIONDA; THENCE CONTINUINC ALCNG THE BOUNDARY OF SAID LOT "B" SOUTH SS'SJ' EAST, 266{i.00 FEET ANO SOUTH 0<'17'57" EAST, 2857.36 FEET -RECORD SOUTH.O'J2'dO" EAST, 2655.20 FEET- TO POINT l"* OF SAID LOT "B" AS SAID POINT l<t IS DESIGNATED ON SAIO MAP NO. 82J; THENCE LEAVING SAID BOUNDARY SOUTH' S^oiS'SJ" WEST, 326."fB FEET -RECORD SOUTH S'»»2'«' WEST, 326.'•0 FEET; THENCE SOUTH. 50»55'35" WEST, 1788.65 FEET -RECORD SOUTH Si'Ok' WEST, -788.20 FEET-; THENCE SOUTH 1«28'2<*" WEST, 787.30 FEET -RECORD SOUTH 1»36«' WEST, 787. IQ FEET-; THENCE SOUTH lO^WlS" WEST -RECORD SOUTH lO'S* WEST-2851.88 FEET TO AN INTERSECT ION WITH A LINE DRAWN PAR- ALLEL WITH, ANO DISTANT 30.01 FEET NORTHEASTERLY, MEASURED AT RIGHT ANGLES FROM THE SOHTWESTERLY LINE OF SAID LOT "B", BEItlG A POINT IN THE NORTHEASTERLY LINE OF COUNTY RO^D SURVEY NO. 682 -ICNOWN AS COUN-Y ROAO A-13- ACCORDING TO THE PLAT THEREOF ON FILE IN THE • OFFICE OF THE COUNTY SURVEYOR OF SAID SAN DIEGO COUNTY; THENCE ALONG SAID PARALLEL LINE, AND ALONG SAID NORTHEASTERLY LINE OF COUNTY ROAD SURVEY NO. 682, SOUTH 38°38'25" EAST, -RECORD SOUTH 38«35' EAST- 100.00 FEET TO THE TRUE POIHT OF BEGINNING; THENCE LEAVING SAID PARALLEL LINE NORTH 51''21'J5" EAST, 638.00 FEET; THENCE SOUTH 38°J8'25" EAST, 100.00 FEET; THENCE SOUTH 51<'21'35" WEST, 638.00 FKET TO SAIO NORTHEASTERLY LINE OF ROAO SURVEY NO. 682; THENCE NORTH 38''38'25" WEST 100.00 ALONG SAID MORTHEASTtRLY LINE TO THE TRUE POINT OF BEGINNING. . RESERVING THEREFROM THE FOLLOWING DESCRIBED PROPERTY PARCEL 2 AN EASEMENT FOR STREET AW) HIGHWAY PURPOSES OVER PARCEL NO 1 DESCRIBED AS FOLLOWS; ' COMMENCING AT THE INTERSECTION Of THE NORTHWESTERLY LINE OF PARCEL NO. 1 WITH THE NORTHEASTE'LY LINE OF ROAO SURVEY NO. 682; THENCE SOUTH 38"'38'25" EAST 50.00 FEET ALONG SAID NORTHEASTERLY LINE OF ROAO SURVEY NO. 582 TO THE TRUE POINT OF BEGINNING; THEKCE CONTINUING ALONG SAIO NORTHEASTERLY LINE SOUTH 38'38'25" EAST 50.00 FEET; NORTH 51">21'3;" EAST 638.00 FEET; THENCE NORTH 38«38'25" WEST, 30.00 FEET; THENCE SOUTH 51''21'35" WEST 610.00 FEET TO A 20.00 FOOT RADIUS TANGENT CURVE CONCAVE NORTHEASTERLY; THENCE NORTHERLY ANO WESTERLY ALONG THE ARC OF SAID CURVE THRU A CENTRAL A»IGL£ OF SCOD'OO" A DISTANCE OF 31."t? FEET; THENCE LEAVING SAID CURVE SOUTH 51"'21'35" WEST 8.00 FEET TO THE TRUE POINT OF BEGINNING. EXHIBIT •43- r- ' i This Is to certify that the interest In real property conveyed by the desd, dated Hoveaiber 8. , 19 71 from North County Investments, a limited Partnership as Grantor, to CARLSBAO MUNICIPAL WATER DISTRICT, a Municipal Water District orjanlzed and existing under the Municipal Water District Act of 1911, as amended, is hereby accepted by order of the Board of Directors of CARLSBAD FUNICIPAL WATER OISTRICT on June 6 , 19_73., and the Grantee consents to recordation thereof by Its duly authorized officer. Dated: June 11 , 19 73 CARLSBAD MUNICIPAL WATER DISTRICT By. V. DT'CAftMldliAEL Secretary uf the Carlsbad Municipal Water District and of the Boarii of Directors thereof. J -44- vv/ooosiDE/u;ofocrrA i A<=SOC Coijcvju-Tikja eiu<siuee.P.S C>.HI_«.e=^t5, 0.i>.\.tf^OQMIA. KQP. t <CA.ni.StbA.C3 Iw^OUlClPAsU JOt> -45- * '^''* - nweomoma MKOUUTCO VY ii'*iWi#-»0*i"»Wi"iiM"rfl'.|-tf^ 'I' 146 ATTCRMZT r San Dla^o tnvmmtmbnt* 7185 Havajo Road, Salt* M San Diego, CX 92119 r Sana a« abova mu tRsutuRx Am rtjsr coHnwr M CMlfr. CA ,cAue .•PACX ABOVK THM UMK fOm NSCOMOOrS UM- Individual Grant D^ed ^j- o^- 05 aaaanaaaa nifiaaiaMaa RV TICOR Trfia tMBuMOM ' . • o ,aa3c* ,,a.Ta, HM miVinigneti (maQ*(*) IVaaWBtiitaiT tnmfar tn il I. {.): TtAMtrn TAI rut SAH eceo couN.T RiopaMa ( ) rompteil OR fnfl valaa el pettperty ijmi»a;ad. ar ( ) oompotad ea h>\ ralne kaa nlaa a( Baae aad i ( ) Uafaeocpcafi ana: ( ) Oty al {ittiaaWMla TOR A VALUABLE CONSlDERATIOfl. raeaipt af wUefc b Itoafcr THE HILSOH-HAYBERY PARTHBI»HZP, a genatral partnership, iwreby CRAhTTCS) la gAH DIEGO IHV JSWEHTS, a general partnership IIM following daeribed real peepeity ia ika Cemtyaf San Di «90 City Ot Carlobad . Stan ef Califataiat Lot 8 o£ Carlsbad Tract Ho. 73-49 (CCnT. Palomar Airport Bualnesa Park) Unit No. 1, in tha City of Carlsbad, in the County of San Diego, Stata of Califomia, according to map thereof So. 8054 filed in the Office of the County Seoonler of San Diego County, Deceid>«r 31, 1974. Enclosure No. 5 -46- 147 • 1 STATE or CALIFD] COOOTY or -4,©& OSMIA • Mioeijp^ ss on thi. r,^ day of October, 1979. ^'•^^^'^^^^''^^^•^ a sotary PubliS-TiTand for said County ^.^^^J^V^T^i^^^ct WILLIAM H. MAYBERY. known to me to be the Pr^-i^"^ «f "^^^l^^t a rHolution of its Board of Directors and that such partners'xip executed the same. WITNESr my hand ana official seal °"ici«<. Mai JpTY 0. VINCENT ••iNci»«i Of net at ^ • JjOTMCf PUBLIC My Comm-ission Expires STATE or CALTPOIWIA ) l^f-^t' I 8S COOHTY or LOS ^MOPrFS ) on this «^ day of October, 1979, before me, the undersigned, . Notary Publia-HTand for said County »nd State, I^S'^^'iT^sSN'^ rw r VTTWN known to me to be the President of KEN G. WILSJOW ^plir^Sf lic^^e^^ration that executed the within in^trum^nt, ^^wTio me ^o be the person who executed the within instruiaent on benalf of said corporation, said corporation bfin^ fcof.*^ "* to be one of the partners of THE WILSON-MAYBERY PARTNEJ^*--^^,'^„ partnership that execute I the within instrument, and ackrowledged to Si^t^h corporation executed the same as uch P«rti.er pursuant to its bylaws or a resolution of tts Board of Directors and that such partnership executed the same. WITNESS ny hand and official seal. oaKiaa SCM BETTY C. VINCENT "otaaT i^jeiie caunxiMM r*>.^art. orrici lai Ml ntso ooumv t«*«a Oec U, 1979 tK5».RY PUBLIC Hy Commission Expires 73i ANa WMSM aacoaoaD TO (O'Melveny i. Kyers "1 611 West Sixth Street Los Angeles, California 90017 j2.*jAttni Dennis J. Stahl, Esq. ^ iclosure No. 6 ..CI-KI-, III.L CO. ArK n !i :3 f.l 'Bu VER/. L. '.rtc RECORDER r n — Mitsui Fudosan (U.S.A.), Inc. ,_611 West Sixth Street '•"•Suite 2198 •^^s Angeles, California 900iy { -SPACE ABOVE THIS LINE FOR RCCOItO£19 USE- Partnership Grant Deed . . ,,r- ' V- / _^..i ThcunJcr»iptKilgf.nni"t(0 tlccl.irci*): Partnership I>xumrntnr5,irnnskrt.ni* (Transfer for. no consideratic.T - Dissolution) ( > computed on full * jluc of pn»pcM> ciMnc>cd, of ( 1 vonipulcil on lull value lc^» \aluo of ixr.s .ind crK•umh^Jncc^ fcm.nnin^ nt time i>f <ile ( ) UnincoipOfatcd area: ( ) Cil) of .... .and FOR A N'ALUABLE CONSlDr RATION, rcixipt ol »hkh « htrrcby ackmiwlolpcd. Palomar Airport Business Park a general pannc^^hlp organized umkr the la-*> of the State of California herehy GRANTS 10 MB-Paloinar, Inc., a California corporation, as to an unrHvided 3/5 interest,and to Mitsui Fudosan (U.S.A.), Inc., a California corporation, as to an undivided 2/5 interest, the foiiowing dcscriKrU real propcny in the County of San Diego . State ol Caliiomu All right, title and interest in and to the real property described in Exhibit A attached hereto and incorporated herein by reference. This docuinsnl is being recorded by Firvl Amrriccn Til;c Invuronce Co. ai an Gccoir.modclion only. Il hoa nof .>cen cxurtiiocd at lo axecution oe inipoci on litle. Dated:. . . . STATE OF CALIFORNIA CtnjNTY OF _ _ .... . On ... , ... - t.*fi'i« mr. iS# invtci- lianeti. a Noiary Piit-lk in anJ liw vi^ Siale. rwr\..nnlly a^r^arrU lino..Tt lo mc 10 t« ol tt,e parlncr. ol iht [wllrvr^hlp ihal tTCUIrd Ihc .illxn in.lrumcnl. and BCkninlcUac^ lo mc Itial iuch r,ar1ncr.h.p c.ccuird Ihc um« wrrNL.*'.^ my harvl and olVial .cal Palomar Airport Busini?ss Park D) WJ-Palcr'ar, Inc., ,a Cilifornia Corpora Dy Hitr.iii Fii.io.'^an (U.S. A.) , Tnc, a California Cor"pora"tion, Partne Nsm« (1 ypcd or Print^u» •'.atacorhi Kakifl<2Q,-fit". Vice President " •o -I ThM aita h^i oAa >«l Ma^taiial mil Tille Older No r^. ri,^* *ir I o.in iSo MAU T*X STATfMENTS AS DUtOtD A80VE -48-.0 9. OKOtNO RCOUCSTCO BY 73 0 Moa aico«e«D HAK. ra [O'Melveny & Myers "1 IW 611 West Sixth Street ^ Los Angeles, Cali,fornia 90017 2,'^Attn: Dennis J. Stahl, Esq. ^ SC-1.U(333 riCO-.;£0 Rt.-.u.^. OF 1.^^, A,-,\.Rn_rs.>. iiil-E i.^S. CO. SAlt 0I,>.0 LJ.'- . !. C.KL • VER; L. r.TiE aCCORDER r n "—Mitsui Fudosan (U.S.A.), Inc. a—,611 West Sixth Street "*~Suite 2198 »;;^^s Angeles, California 9001^ -spAct »8ovi THIS LIM roa RccoRocas use-Partnership Grant Deed Partnership (Transfer for no conaideraticn - Dissolution) The uiukr\ipncd pr;in!»>r (s ) declare (s) Docun>cnl;iry lrnn\fof tax is, Nonc ( ) compuictl on full value of properly conveyed, or ( ) compuied on full value lc«^ value of licm and encumbrances remaining at time of *jle ST.MF or CAI lhORNI.\ COUNTVOF .LOS Angeles,^ . * I-73i -.anne tNSu«A##ci ANO TRUST . Vr.ow n IO me in he iS« Incr Hrfoif me, ih* unJcr^ie^^d. • S.njry PUHK in anJ for rcf-onifl% jp;,rafcu M^tatOShi Kakiage ..^ Ino^n w loS* ihe Sr, VicetTr*,J,-m . _ _ v.rfii-v of .Mitsui Fudosan (U.S.A. 'fw im rxaf.tlii>n ih.ii rt,> tiinl iKf «ifhm .n-if >im«n( jrnj III rry- tu h< (he r<'vT>^M. h.> rici. .ii^J ihe »;(hin mvlnj. mtm on hTh.iM ..f n-f-»«f-rM*n. va,j (t>rrsHairon heir.| Vl\..»n to OK I,. Sf one o( rhe pnttnrr^ niPalOmar Airport Business ParX . Ihc pjnncrihip ih,ii f,c.iiici' Ihc ••O.in .n.iiiimrni an.l avlno^trOccd to m* Itial .tht, m,p,.f.,n,.n r.r.aKil Ihc v»mc a* .iKh parlnci and lhal .11. h pn,in,'f .ht). f ,ct,iii(.l ihc \jmc WIINf SSmy hanj anJolticial .c.ll Siaaalurc ^ 3/5 -poration. HOLLY BUKGJN (j "Hj.aa, ..y, tOS MCI 11 -u.aa, a,„o;„a . .- . tl t-ojhtr t^ C*»««a.oa l,;.cai a. iM-SJ n. lo, oAii.l MM.tt.! W.I (CoC|„WBIion *. r Partner o( a Parlncr.hipl STATf. oy CM II IlKMA cotiNTViij. LOS Angel^es . On ] ANO TRUST •erty . by tiud by ' Co. 05 IOS nof rtton or I ' ' f-f^ . Keforr I Seizo Ishibashi ^. PfeMJi.nt. am) . MB-Palomar, Inc. * . lhe M<ip>>t ,tiii<n "h.ii c^cvutetl rhr <*iiSio in^trti-rtenf B/HJ kn.i«n to nie lo hr Ihe r^i*.>o)f* c »rv.Mf J ;V « n^irt in-«ini- mtnt rm h«-h3lt of \«KJ t..»poriiii.ao VJIKI t.•(pi-w.11.t 1 hemi inoon to me it> he ooe of ihr partneix of PalOIT.ar Airport Business Park , the r-t"nefxh.p Ihil e»ei iiiiJ i(i< »iiti<n irvMniTti nt. aoj »tli no» leilpeit lo me ih»t *inh i.4«|St4.iii.ao r>ei,iile«l mc ".Jtoie such piTt»»ef aim ih^i MK h r^'if^'^hip etec Itle J ihc s.»me. . ih« unJer\u-netJ. a N.nj-y PithtK in iml for . . Lno«B lo mc lo he the . kno<*n to me to he ihe arK Sif njtturt, WrrNlAS my hanJ amJ O/TKWI V«I St«n«n*r« . ----- .'iCiK-s.-^ •S>>'^ Kr hOLLY OuRGiN ? <-ii.UtS ..;..»ri mia i_3rpora Fanner ..) . ion Inc. P.irtnc Vv Nime tl>r»^« PTtniei*» • (•• (tlhcial Braarlal • CO CO Title Order No. E^traw or Loan No MAU TAX STATEM£NTS AS OUfCTfO ABOVE •49- 73^ LEGAL DKSCRIPTIOH PARCEL 1 Lots 16r 17 and 18 and Lot A of Carlsbad Tract No. 73-49 (CCir Carlsbld r^'^ ""fc^" ' ^'"^^ ' the Ci y of' ' to lll f^Jt ^^l ^^^^^ °^ California, according to Hap thereof No. 8418, filed in the office of the Countv Recorder of San Diego County on Novctra^er 19, 1976 ^ PARCEL 2 Lots 3 to 11, inclusive, of Carlsbad Tract No. 79-1 in the City of Carlsbad, County of San Dieao, State of California according to Hap thereof No. 9389, filed in the office of ihe County Recorder of San Diego County on Septeirtber 26, 1979. EXHIBIT - "A" •o cs CO CO Ev;row or Loan No MAU TAX STATEMEt^S AS DHECTED A90VE •50- loiMO RCOUrSTEO BT 733 Amn wM«M •ceoMOCB MAH. TO r "I ..^ O'Melveny & .Myers 611 West Sixth Street Los Angeles, California 90017 j;^*^^ttns Dennis J. Stahl, Esq.^ Enclosure N •CD =IL. . .:,>^:.N HUE l^-^' Arif^3 li "1 .I'^'Sij SAX Ol- .u i., '. Iif-!. L 1 ' >• iltCO?.D£R 1(73-3 CO. r n «_ Mitsui Fucosan (U.S.A.), Inc. e_ 611 West Sixth Street Suite 2198 ^2J^ Angeles, Califomia 90017 -SPACE ABOVE TMIS LINE FOU RECOROCK S USE- Corporation Grant Deed 6. 0 The ander«ifinrd cranlorfit) clarvtn): Corporate i None (Transfer for no, consideration - Dissolution) ( 1 rompul^d on full \«<ae of properly conveyed, or ( 1 computrd on full valae lri»M value of lirn« and enrurnbroneen rrmaininji at time ef sate. ( ) Uninccrporalpd area: ( ) City of . and A V.M.I .AH;.K CON.MnKR.A'nON. receipt of *^hirH i. heie)^ ackno^ledned. MD-Palomar, Inc. a corporation orffintfed wnder the o( lhe Staieof California Hitsui Fudosan (U.S.A.), Inc., a California corporation herehy GRANTS to the folloMinft drncrihcd real property in tlia Co.My a( San Diego , Sate of California An undivided three-fifths (3/5) interest in the real property described in Exhibit A'attached hereto and introrporated herein by reference. iliil t.i;;ij:rtr.i .• t;?i.-it;5 .ero.'dcd ty "^1- : A'nc:i.v;r TH.C ir.iurcncri Cc. GS tn ccco.T.TjJi; o- -"ly .1 ^cl nt ' '^ecTt jacr'ii . I 1 '..•c 'lto-. o* In ^ itnesa ^lierrof. taij rorporation Kaa cau«^ tta corporate name and ...al in he affiacd lirrHo *nA thi« in.lTU. ment to be ca|.cule,l h* ii* Ptc^idcni ai^if SccrHary therpunlo duU authnriied. Dated - STATF. I MB-Palonar. Inc. *TF OF CMIFORNU ,/ '1 J S4f f'hl l-l-rc th. ..(n'tt • N.i.,T r.ihlK in .nd In* Mid Satc. p't' • finirn T .•^h i h.'^-ih i andc. ilr »|vf...icd Scizo Ishibashi, rrctdcnt By S«s-rrtarT , kfse>.n • lA *w'«frtitj •! iV* rnipwiitin* ll al r\M<.i^<l thr • II.tin liialfvmfAt. lRe>»n I* t« U- l!i* x^fit^tft* wKn rirrul'tt th» * tlh in In<i(umrni '>n larhall ft ( "i JMI •i|itn ih^irin nam#>( an>l t> k iM«iIrr4|r.j In mr iltfi aurh CAr^ataitnn rtrrulr^ 'hr vitliin InOfW rrnrrth p^rivani M it* hj law* or % rrMluimw »t Mt br>a(d M 4»^ivr^ WirNI.V my h.o.1 jnO omu^ly**! 1 • ' O'l) (Tht. «... r.. .Acl.t n»,»i.t Co at O Title Order No.. r..an No MAH lAX STATEMENTi AS OlttCTEB ABOVE .0 9: •51- ov.—ll.^/1 LEGAL DESCRIPTION PARCEL 1 Lots 16, I'S and 18 and Lot A of^'Carlsb.Td Tract llo. 73-49 (CCtr Palo.'nar Ai/port Business Park) , Unit No. 2 in the City of Carlsbad, County of San Dicgo, State of California, according to Map thereof No. 8418, filed in the office of the County Recorder of San Diego County on NoverJser 19, 1976. PARCEL 2 Lots 3 to 11, inclusive, of Carlsbad Tr^ct No. 79-1 in the City of Carlsbad, County of San Diego, State of California, ' according to Hap thereof No. 5389, filed in the office of the County Recorder of San Diego County on September 26, 1979, EXHIBIT "A" CO •Ca. OB o Title Orilcr No — t.i I < MAU lAX STAIEMESTS AS Di.EOEO A»OVE -52- UaaNo. \ 1W«gijl£CO«DCO MAlt TO: I' ^ r^'' . - ; Birtcher Pociflo P»2cB»r - .27611 Xa* P»» ito«d Laiftma aigiMl Gfc 92ST7 _*a5»» >43Brt M. CaoEtnll MAIL TAX STATQIFVn TOl •«»• aa abov* -1 i - •.... - - • .... ^y.'^-^'^'^i. :- mtava xiotm c«cmimp.Mtir, , .ttte«8at.',i5'.y eraaca Aaova THte uiaaa yoaa n-coaoawt u— Tax Parcal n3-02&-U GRANT DEED T FOR A VALUABLE CONSl0€RAT1ON. raoeipt of aMdi it hveby ecfcnuiiili i||«< BIRTCHZR PACinC, m CaJllfotni* general partnarahiiv aa to an undivided o&a-half Intereat and RICBASD {. EAOSMMt, a guuxied man as to an undivided |OT^-g^Jj^^^ter»Tt, as Tenants In ConiBon, -i. - • ,» - BIRTCHEH BUSXMESS CZHTSXCORPOBATS PALOMXK, a California Iiad.ted partnership, . - " ^' ;' ^i..":-' ' ~'. "'. ' -~ • • . ttte real praperty in the Oty o* (unincorporated) County o# San Dlego . . . • " ' Stata of CtMoniia. ilaatTtMri m Parcel 2 of Parcel Nap Ho. 1110, in the County of San Oiego, State of Califomia, filed in the Office of the County Recorded of San Diego County, Hovesiber 10, 1972 aa File Ho. 302114 of Official Records. Excepting therefro« that portion lying Hortheastarly of the South- westerly boundary of Carlsbad Tract Ho. 73-49, according to Hap thereof No. 8418, filed in the Office of the County Racordsr of San Diego County, Noveai>er 19, 1976 as File Ho. 76-389371 of Official Records. >^ . \ ' ' • ,V . rv.;;^ w..... OmH .leraraaT-. Tl , 1980 BIRTCHBR PACinCa^ *tAT« or CAU^OMeA oowfrror a Califomia general partsersblp eatoeaX^ • MMaay rsea.an* iW,^-Iti JlffCSXiO^f . EJUISHU* " • —: . . -t.c«-a^a»«^-^.. .. . f^Ksatsvm: - * •53- rWa. .r- mien KEcbitoeo uAJt TO - V Blrtstm'Businaas Csofssr-Cocpxata ' Blrtehei paciflo . P«Jc«« ZmX,XA tmx Road. L*guaa Blgoel dB 92677 IJlC»MtmTt.C«Jf. / . -t~. vouLua . - • _ • PACC Aaova TWH uaie y<e aaccaaciaa^ tjaa • MAIL TAX n-ATEMOm TO:, sajM aa above TM Tax rarcei tl3-02fr-li 6KANT DEED FOK A VALUABLE CONSOCRATKJM. nedpt ^ h l-r*r ieki«a.l.i,l»a< BIRTCHBH'PACIFIC, a Callfotnl* general partnershij^ as to aa undivid^^ one-half interest and RICHARD P. HJtfffiWMIa « -arried a«i as to an undivided one-h^HLEterest, a* Tenants la Cofflaoii, - . , . - *^5a^tBlBIHZSS CBFOck- CORPORMK PW>0»»U a Calif oral* limited partaerehlp* • ^-''^l^i-^\ •,..^'X«>,.'''.-.r'"' V .'^'v^";,'','^'^ '- «» lari ^ii^p^ hi tta aty •( (uaiacorpor*t*d) Cownty a<, Saa Dlego I of ClBfarTda, Paroel 2 of Paroel Map Ho, 1110, ia th* County of Saa Dlego, State of Califomia, filed la the Office of the County aeooidsi* of Saa Dlego County, Hoveaber 10, 1972 as File Ho. 302114 of Official Becords, Rxoeptlng therefrom that portion lying northeasterly of the South- • —a . a- - ^ ^- 1 . a ^ a. aa- 31 • t» *~ '**~ 531 (TATS OT Omtitci (<*^ ttM- • itr^^S torurt Puauc-cujroaHU J • ^^Bf^ omuta coomrr • 1 ata^ar'aVa'aVt^TTTa aTTi^a*?!^ j omcui sue P. LYOW •aJMer, ieea«»al«aai«a^e»»efei»»«a^*»»»»Jl*»->eawraa<*. MrO. r^i'il ''1 "IITI Til 7^'*ft' BIOTCH5B PAdPTCa ^.^vn.-.- ^ California i^eneral paxtaershlp • = -54 iclosure No. 9 Kiconoitt- eiauHTu ar Mr. and Mrs. Anthony Bons ' SXi^ 1124 31 ua Sage Marcos, Ca., 92069 IT... 1 II. I— TI.U Ont t. M. J ^ •ji^<ie ftltlTLiJ. ^^1' - <^0 -ff 76-218512 '^WflH JUL 1 S SIX) AMTI GRAIST DEED THE UNOEHSIGNED GRA>rrOfl(sl C'ECLAREfa) A - — OpCUt^ENTARr TRANSFER TAX la » •'^•3 comoutad on tult value of properly ce nveyed. oe ^ i»nip<ila<l o-i lull value leaa value of iena of an..ur*»»neea reflieinirig a. Ume a< eale, and ?0R A VALUABLE CONSIDERATION, racatpt ol which la her. by aciuiowl«09e<(. HEH<<Y SILVER EDITH : S:1."'ER/ husband and wife, MANNY SCHARf and MARIA A. StUARf, husband and trife, and I DAVID A. KOHL, a married man. as his sole and separate property lereby ORANTISI to AJITHONY BONS and DICKY BONS, husband and wife. As connunlty property llin Isllonving deicriDe:! real property In the County ol SAN DIEGO ''tate of California: AS PER LEGAL DESCRIPTION AHACHED HERETO MADE A PART HEREOF AND MARKED EXUBIT "A" Do..d _ _Apr11 27th 1976 .TATI or CAtl'OCMi* touMrr or J.^> O- -i^l^/i- l»f' • Note*, FvW.t ••>4 ler M-4 S ^iHt/^i.-la^i'fJ^ Edith SfWer f i / .a<krw.l*4q«J **••-> SHEZUUi DL KASSIUXN -55- •cX^a -<l><c)" -OYQ)* -C><C»)' -fLVfo)* "OYQ' "ttYc^^ -a f 1 f f f ® r-ilAND TiTLE i ]INSURANCE COMPANY A subsidiary of laiDyens Title Insurance (c)rporation of Kichniond .Vii;f!inia f 0 >- o Zx 0 a. Ul UJ I- o z < J u z < tn z Kl li 0 1^ 0) Z n Z < 3 ^ i 1 ^ s I t u 1- -1 J ^ < >- ^ " o" Q o W 5 n y < n Q z < cn 61 y ? <! If I ••g-tM^g). ••c-«.,^g). --o^^^. ••g-«s<ff). •.fl>>4^. --tTf^G). -ON^g). -g-ivygje ..G-«>4^. .-G-isiG). -e-j^iG). £r(s<^a..(r«^G). .-G-*..^. --(TISIG). -.c-fsiG). •.c-*v(G). --(TI^G). -.e-f^CJ). ..(r»<G). -OxiCT). -.c-,<g). . . POLICY OF LAND TITLE INSURANCE ? I ? .CQNpiTIONS AND STIPDMTIONS (Continued and Concluded From RevW?e Side of Policy Face) and expenses incurred up to the time of such payment or tender of payment by the insured claimant and authorized by the Company. In case loss or damage is claimed under this policy by the owner of the indebtedness secured by the insured mortgage, the Company shall have the further option to purchase such indebted- ness for the amount owing thereon together with all costs, attorneys' fees and expenses which the Company is obligated hereunder to pay. If the Company offers to purchase said indebtedness as herein provided, the owner of such indebtedness shall transfer and assign said indebtedness and the mortgage and any collat- eral securing the same to the Company upon payment therefor as herein proviiled. Upon such offer being made by the Company, all liability and obligations of the Company here- under to the owner of the indebtedness secured by said insured mortgage, other than the obli- gation to purchase said indebtedness pursuant to this paragraph, are terminated. 6. Determination and Payment of Loss (a) The liability of the Company under this policy shall in no case exceed the least of: (i) the actual loss of the insured claim- ant; or (ii) the amount of insurance stated in Schedule A, or, if applicable, the amount of insurance as defined in paragraph 2(a) hereof; or (iii) If this policy insures the owner of the indebtedness secured by the in- sured mortgage, and provided said owner is the insured claimant, the amount of the unpaid principal of said indebtedness, plus interest thereon, provided such amount shall not include any additional principal indebtedness created sub- sequent to Date of Policy, except as to amounts advanced to protect the lien of the insured mortgage and secured thereby. (b) The Company will pay, in addition to any loss insured against by this policy, all costs imposed upon an insured in litigation carried on by the Company for such insured, and all costs, attorneys' fees and expenses in litigation carried on by such insured with the written authorization of the Company. (c) When the amount of loss or damage has been definitely fixed in accordance with the conditions of this policy, the loss or damage shall be payable within 30 days thereafter. 7. Limitation of Liability No claim shall arise or be maintainable un- der this policy (a) if the Company, after hav- ing received notice of an alleged defect, lien or encumbrance insured against hereunder, by litigation or otherwise, removes such defect, lien or encumbrance or establishes the title, or the lien of the insured mortgage, as insured, within a reasonable time after receipt of such notice; (b) in the event of litigation until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title or to the lien of the insured mortgage, as insured, as provided in paragraph 3 hereof; or (c) for liability voluntarily admitted or assumed by an insured without prior written consent of the Company. 8. Reduction of Insurance; Termination of Liability All payments under this policy, except pay- ment made for costs, attorneys' fees and ex- penses, shall reduce the amount of the insur- ance pro tanto; provided, however, if the owner of the indebtedness secured by the insured mortgage is an insured hereunder, then such payments, prior to the acquisition of title to said estate or interest as provided in paragraph 2(a) of these Conditions and Stipulations, shall not reduce pro tanto the amount of the insur- ance afforded hereunder as to any such in- sured, except to the extent that such payments reduce the amount of the indebtedness secured by such mortgage. Payment in full by any person or voluntary satisfaction or release of the insured mortgage shall terminate all liability of the Company to an insured owner of the indebtedness secured by the insured mortgage, except as provided in paragraph 2(a) hereof. 9. Liability Noncumulative It is expressly understood that the amount of insurance under this policy, as to the insured owner of the estate or interest covered by this policy, shall be reduced by any amount the Company may pay under any policy insuring (a) a mortgage shown or referred to in Sched- ule B hereof which is a lien on the estate or interest covered by this policy, or (b) a mort- gage hereafter executed by an insured which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy. The Company shall have the option to apply to the payment of any such mortgage any amount that otherwise would be payable hereunder to the insured owner of the estate or interest covered by this policy and the amount so paid shall be tieemed a payment under this policy to said insured owner. The provisions of this paragraph 9 shall not apply to an owner of the indebtedness secured by the insured mortgage, unless such insured acquires title to said estate or interest in satis- faction of said indebtedness or any part thereof. 10. Subrogation Upon Payment or Settlement Whenever the Company shall have paid or settled a claim under this policy, all right of subrogation shall vest in the Company un- affected by any act of the insured claimant, except that the owner of the indebtedness se- cured by the insured mortgage may release or substitute the personal liability of any debtor or guarantor, or extend or otherwise modify the terms of payment, or release a portion of the estate or interest from the lien of the in- sured mortgage, or release any collateral secur- ity for the indebtedness, provided such act occurs prior to receipt by such insured of no- tice of any claim of title or interest adverse to the title to the estate or interest or the prior- ity of the lien of the insured mortgage and does not result in any loss of priority of the lien of the insured mortgage. The Company shall be subrogated to and be entitled to all rights and remedies which such insured claim- ant would have had against any person or property in respect to such claim had this policy not be issued, and the Company is here- by authorized and empowered to sue, compro- mise or settle in its name or in the name of the insured to the full extent of the loss sus- tained by the Company. If requested by the Company, the insured shall execute any and all documents to evidence the within subroga- tion. If the payment does not cover the loss of such insured claimant, the Company shall be subrogated to such rights and remedies in the proportion which said payment bears to the amount of said loss, but such subrogation shall be in subordination to an insured mortgage. If loss should result from any act of such insured claimant, such act shall not void this policy, but the Company, in that event, shall as to such insured claimant be required to pay only that part of any losses insured against here- under which shall exceed the amount, if any, lost to the Company by reason of the impair- ment of the right of subrogation. 11. Liability Limited to this Policy This instrument together with all endorse- ments and other instruments, if any, attached hereto by the Company is the entire policy and contract between the insured and the Com- pany. Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the lien of the insured mortgage or of the title to the estate or interest covered hereby, or any action asserting such claim, shall be restricted to the provisions and condi- tions and stipulations of this policy. No amendment of or endorsement to this policy can be made except by writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an .'\ssistant Secretary, or validating officer or authorized signatory of the Company. No payment shall be made without produc- ing this policy for endorsement of such pay- ment unless the policy be lost or destroyed, in which case proof of such loss or destruction shall bc furnished to the satisfaction of the Company. 12. Notices, Where Sent All notices required to be given the Com- panies and any statement in writing required to be furnished the Companies shall be ad- dressed to them at the Home Office of Land Title Insurance Company, 1330 Fourth Avenue, San Diego, California 92101. 13. All references to the Company herein re- fers to the Companies, and when the context so requires the singular number includes the plural. 14. THE CH.4RGE SPECIFIED IN SCHED- ULE A IS THE ENTIRE CHARGE FOR TITLE SEARCH, TITLE EXAMINATION AND TITLE INSURANCE. Form No. 1000-1—Rev. 10-73 California Land Title Association Standard Coverage Policy Form 1973 ^ POLICY OF TITLE INSURANCE ISSUED BY AND laiDyers Title Insurance Corporation SUBJECT TO SCHEDULE B AND THE CONDITIONS AND STIPULATIOHB HEREOF, LAND TITLE INSURANCE COMPANY AND LAWYERS TITLE INSURANCE CORPORATION, Corpora- tions of California and Virginia, respectively, herein called the Companies, insure the insured, as of the Date of Policy, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs, attorneys' fees and expenses, which the Companies may become obligated to pay hereunder, sustained or in- curred 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 of the 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 B in the order of its priority; or 7. Invalidity of any assignment of the insured mortgage, provided such assignment is shown in Schedule B. IN WITNESS WHEREOF, the Companies have caused this Policy to be signed and sealed, to become valid when countersigned by an authorized signatory of the Companies, as of Date of Policy shown in Schedule A. lairyers Title Insurance G)rporation ^m^SH^JL ATTEST: Secretary. By Authorized Signature Secretary CONDITIONS AND STIPULATIONS 1. Definition of Terms The following terms when used in this policy mean: (a) "insured": the insured named in Sched- ule A, and, subject to any rights or defenses the Company may have had against the named insured, those who succeed to the interest of such insured by operation of law as distin- guished from purchase including, but not limited to, heirs, distributees, devisees, surviv- ors, personal representatives, next of kin, or corporate or fiduciary successors. The term "insured" also includes (i) the owner of the indebtedness secured by the insured mortgage and each successor in ownership of such in- debtedness (reserving, however, all rights and defenses as to any such successor who acquires the indebtedness by operation of law as de- scribed in the first sentence of this subpara- graph (a) that the Company would have had against the successor's transferor), and further includes (ii) any governmental agency or in- strumentality which is an insurer or guarantor under an insurance contract or guaranty insur- ing or guaranteeing said indebtedness, or any part thereof, whether named as an insured herein or not, and (iii) the parties designated in paragraph 2(a) of these Conditions and Stipulations. (b) "insured claimant": an insured claim- ing loss or damage hereunder. (c) "insured lender": the owner of an in- sured mortgage. (d) "insured mortgage": a mortgage shown in Schedule B, the owner of which is named as an insured in Schedule A. (e) "knowledge": actual knowledge, not constructive knowledge or notice which may be imputed to an insured by reason of any public records. (f) "land": the land described, specifically or by reference in Schedule A, and improve- ments affixed thereto which by law constitute real property; provided, however, the term "land" does not include any area excluded by Paragraph No. 6 of Part I of Schedule B of this Policy. (g) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (h) "public records": those records which by law impart constructive notice of matters relating to the land. 2. (a) Continuation of Insurance after Acquisition of Title by Insured Lender If this policy insures the owner of the in- debtedness secured by the insured mortgage, this policy shall continue in force as of Date of Policy in favor of such insured who acquires all or any part of the estate or interest in the land described in Schedule A by foreclosure, trustee's sale, conveyance in lieu of foreclosure, or other legal manner which discharges the lien of the insured mortgage, and if such in- sured is a corporation, its transferee of the es- tate or interest so acquired, provided the trans- feree is the parent or wholly owned subsidiary of such insured; and in favor of any govern- mental agency or instrumentality which ac- quires all or any part of the estate or interest pursuant to a contract of insurance or guaranty insuring or guaranteeing the indebtedness se- cured by the insured mortgage. After any such acquisition the amount of insurance hereunder, exclusive of costs, attorneys' fees and expenses which the Company may be obligated to pay, shall not exceed the least of: (i) the amount of insurance stated in Schedule A; (ii) the amount of the unpaid principal of the indebtedness plus interest thereon, as deter- minded under paragraph 6(a) (iii) hereof, ex- penses of foreclosure and amounts advanced to protect the lien of the insured mortgage and secured by said insured mortgage at the time of acquisition of such estate or interest in the land; or (iii) the amount paid by any governmental agency or instrumentality, if such agency or instrumentality is the insured claimant, in ac- quisition of such estate or interest in satisfac- tion of its insurance contract or guaranty. (b) Continuation of Insurance after Conveyance of Title The coverage of this policy shall continue in force as of Date of Policy, in favor of an insured so long as such insured retains an estate or interest in the land, or owns an indebted- ness secured by a purchase money mortgage given by a purchaser from such insured, or so long as such insured shall have liability by reason of covenants of warranty made by such insured in any transfer or conveyance of such estate or interest; provided, however, this policy shall not continue in force in favor of any pur- chaser from such insured of cither said estate or interest or the indebtedness secured by a purchase money mortgage given to such in- sured. 3. Defense and Prosecution of Actions — Notice of Claim to be Given by an Insured Claimant (a) The Company, at its own cost and without undue delay, shall provide for the de- fense of an insured in litigation to the extent that such litigation involves an alleged defect; lien, encumbrance or other matter insured against by this policy. (b) The insured shall notify the Company promptly in writing (i) in case of any litiga- tion as set forth in (a) above, (ii) in case knowledge shall come to an insured hereunder of any claim of title or interest which is ad- verse to the title to the estate or interest or the lien of the insured mortgage, as insured, and which might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if title to the estate or interest or the lien of the insured mortgage, as insured, is rejected as unmarketable. If such prompt notice shall not be given to the Com- pany, then as to such insured all liability of the Company shall cease and terminate in re- gard to the matter or matters for which such prompt notice is required; provided, however, that failure to notify shall in no case prejudice the rights of any such insured under this policy unless the Company shall be prejudiced by such failure and then only to the extent of such prejudice. (c) The Company shall have the right at its own cost to institute and without undue delay prosecute any action or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest or the lien of the insured mortgage, as insured; and the Company may take any appropriate action, whether or not it shall be liable under the terms of this policy, and shall not thereby concede liability or waive any provision of this policy. (d) Whenever the Company shall have brought any action or interposed a defense as required or permitted by the provisions of this policy, the Company may pursue any such litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. (e) In all cases where this policy permits or requires the Company to prosecute or pro- vide for the defense of any action or proceed- ing, the insured hereunder shall secure to the Company the right to so prosecute or provide defense in such action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such insured for such purpose. Whenever requested by the Com- pany, such insured shall give the Company, at the Company's expense, all reasonable aid (1) in any such action or proceeding in effect- ing settlement, securing evidence, obtaining witnesses, or prosecuting or defending such ac- tion or proceeding, and (2) in any other act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest or the lien of the insured mortgage, as insured, including but not limited to executing corrective or other documents. Proof of Loss or Damage — Limitation of Action In addition to the notices required under Paragraph 3(b) of these Conditions and Stipu- lations, a proof of loss or damage, signed and sworn to by the insured claimant shall bc furn- ished to the Company within 90 days after the insured claimant shall ascertain or determine the facts giving rise to such loss or damage. Such proof of loss or damage shall describe the defect in, or lien or encumbrance on the title, or other matter insured against by this policy which constitutes the basis of loss or damage, and, when appropriate state the basis of cal- culating the amount of such loss or damage. Should such proof of loss or damage fail to state facts sufficient to enable the Company to determine its liability hereunder, insured claim- ant, at the written request of Company, shall furnish such additional information as may rea- sonably be necessary to make such determina- tion. No right of action shall accrue to insured claimant until 30 days after such proof of loss or damage shall have been furnished. Failure to furnish such proof of loss or dam- age shall terminate any liability of the Com,- pany under this policy as to such loss or dam- age. 5. Options to Pay or Otherwise Settle Claims and Options to Purchase Indebtedness The Company shall have the option to pay or otherwise settle for or in the name of an insured claimant any claim insured against, or to terminate all liability and obligations of the Company hereunder by paying or tendering payment of the amount of insurance under this policy together vvith any costs, attorneys' fees (Conditions and |||^lations Continued and Concluded on Last Page ^fchis Policy) Form No. 1000-3 10/73 . • CLTA Standard Coverage Policy Form 1973 332482-R SCHEDULE B This policy does not insure against loss or damage, nor against costs, attorneys' fees or expenses, any or all of which arise by reason of those matters shown in Parts I and II of this Schedule: PART I: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 6. Any right, title, interest, estate or easement in land beyond the lines of the area specifically described or referred to in Schedule A, or in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing in this paragraph shall modify or limit the extent to which the ordinary right of an abutting owner for access to a physically open street or highway is insured by this policy. 7. Any law, ordinance or governmental regulation (including but not limited to build- ing and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or reduction in the dimensions or area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 8. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records. 9. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not shown by the public records and not otherwise excluded from coverage but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (c) resulting in loss or damage which would not have been sustained if the insured claimant had been a purchaser or encumbrancer for value without knowledge. (Part II on following page) No.: 332A82-R Page 3 Schedule B, Part II: 1. Secured property taxes, a lien not yet payable, for the fiscal year 1982-1983. 2. The right of James Kelly, Robert S. Kelly, Ellen K. Hall, Alice K. Morrison and Lillie Kelly Ortega, and their respective successors and assigns, to use all roads and rights of way then existing or traveled over and across any portion of the property herein described, together with the right and easement to install any poles, wires, pipes or similar utility structures over and along any or all of such rights of way, as granted by deed dated March 26, 1936 and recorded July 29, 1936 in Book 541, Page 244 of Deeds. 3. An easement for gas pipe lines and incidental purposes over said land, as granted to the San Diego Gas and Electric Company, by deed recorded January 18, 1937 in Book 613, Page 126 of Official Records. The route thereof across said land is more particularly described as follows: Beginning at a point on the East line of said Lot "B" distant thereon 36.73 feet Northerly from the Southeast Corner thereof; thence from said Point of Beginning South 87"'21'OCWest, 18.75 feet; thence South 79°45'00" West, 1771.50 feet; thence North 73°10'G0" West, 1728.30 feet; thence South 85°30'00" West, 3058.45 feet; thence North 37''5rOO" West, 1187.25 feet; thence South 70°10'30" West, to the Westerly line of said Lot "B". Affects Parcel 2. 4. A right of way, 60.00 feet wide, and incidents thereto, for public highway purposes over a portion of said land, known as El Camino Real and being a portion of County Road Survey No. 682 (County Road A-12), as franted to County of San Diego by deed recorded August 21, 1940 in Book 054, page 360 as File No. 42295, by deed recorded October 2, 1940 in Book 1075, page 403 as File No. 51256, and by deed recorded June 11, 1943 in Book 1516, page 79 as File No. 34463, all of Official Records. Said instrument additionally grants the privilege and right to extend drainage structures and excavation and embankment slopes beyond the limits of the above described right of way where required for the construction and maintenance thereof. Subsequently by a Resolution of the County of San Diego, passed and adopted by the Board of Supervisors of San Diego County on November 12, 1974, a copy of which was recorded November 14, 1974 as File No. 74-301818 of Official Records, that portion of said County Road Survey No. 682, 60.00 feet wide, lying Easterly of the Easterly line of County Road Survey No. 1800-1, 126.00 feet wide, a copy of which is filed in the office of the County Surveyor of San Diego County and lying within that certain portion of said Lot "G" as described in deed to County of San Diego recorded April 3, 1974 as File No. 74-083015 of Official Records, was vacated and abandoned as a public highway. No.: 332482-R Page 4 Said Resolution excepts that portion of County Road Survey No. 682 lying Northerly and Northwesterly of a 50.00 foot radius curve concave Southeasterly, the Southwesterly terminus of said curve being its point of tangency with the Easterly line of said County Road Survey No. 1800-1 (126.00 feet wide) and the Northeasterly terminus of said curve being at its point of tangency with a line that is parallel with and distant 63.00 feet at right angles Southerly, from the center line of County Road Survey No. 757, as described in easement granted to County of San Diego by deed recorded October 2, 1940 in Book 1069, page 456 as File No. 51254 of Official Records, reference being made to said Resolution for further particulars. Affects Parcel 2. 5. An easement for road and utility purposes and incidents thereto as granted to the Carlsbad Municipal Water District by deed recorded December 27, 1961 as file No. 222199 affecting said 60.00 foot strip of land lying Southwesterly and Northwesterly of the following described line: Commencing at Point "X" designated in Parcel 1; thence along the boundary of said Parcel 1 as follows: South 73''43'45" East, 232.43 feet and South 38°38'25" East, 341.96 feet to the TRUE POINT OF BEGINNING; thence South 38°38'25" East, 160.00 feet; thence South 51''21'35" West, 668.00 feet to the Southwesterly line of said Lot "B". Affects Parcel 2. 6. An easement as granted in deed recorded August 3, 1973 as File No. 73-215695, for road and utility purposes over, under, upon and across a continuous strip of land 60.00 feet of even width located within Lot "B" of RANCHO AGUA HEDIONDA, in the County of San Diego, State of California, according to Map thereof No. 823, filed in the Office of the Recorder of San Diego County, November 16, 1896, said 60.00 foot strip of land lying Southwesterly and Northwesterly of the following described line: Commencing at Point "X" designated in Parcel 1; thence along the boundary of said Parcel 1 as follows: South 73°43'45" East, 232.43 feet and South 38''38'25" East, 341.96 feet to the TRUE POINT OF BEGINNING; thence South 38"38'25" East, 160.00 feet; thence South 51'*21'35" West, 668.00 feet to the Southwesterly line of said Lot "B". Affects Parcel 2. 7. An easement for gas pipe lines and incidental purposes over said land, as granted to the San Diego Gas and Electric Company, by deed recorded August 26, 1974 as File No. 74-231498. No.: 332482-R Page 5 The route thereof across said land is more particularly described as follows: That certain strip of land 15 feet in width, lying adjacent to, contiguous with and Northeasterly of the following described line: Commencing at Corner No. 4 of Lot "G" of said Rancho Agua Hedionda, said corner bears North 79''36'00"East (Record - North 79''20'00" East per Map No. 823) from Corner No. 5 of said Lot "G"; thence North 51''25'00" East 31.60 feet; thence South 38''35'00" East 163.79 feet; thence North 51 "25'00" East 30.00 feet to a point on the Southwesterly line of the land conveyed to Carlsbad Municipal Water District by deed recorded December 27, 1961 at Recorder's File No. 222199 of Official Records, said point being the TRUE POINT OF BEGINNING of the line herein described; thence along the Southwesterly line and its Southeasterly prolongation South 38''35'00" East, 300 feet. Said deed contains certain limitations upon the use of that portion of the herein described land lying within said easement. Affects Parcel 2. 8. A right of way for use as a public highway over a portion of said land, being a portion of County Road Survey 1800-1, on file in the office of the County Surveyor of San Diego County, as disclosed by Resolution of the County of San Diego, a copy of which was recorded November 14, 1974 as File No. 74-301818 of Official Records. ALSO, any privilege and right which may exist to extend and maintain drainage structures and excavation and embankment slopes beyond the limits of any portion of County Road Survey 1800-1 which crosses said land where required for the construction and maintenance thereof, as set forth and described in deed to County of San Diego recorded July 10, 1970 as File No. 121185 of Official Records, and in various other deeds of record. Affects Parcel 2. 9. An easement for gas pipe lines and incidental purposes over said land, as granted to the San Diego Gas and Electric Company, by deed recorded July 29, 1975 as file No. 75-197823. The route thereof across said land is more particularly described as follows: A strip of land 15 feet in width the centerline of which is described as follows: COMMENCING at Corner No. 4 of Lot "G" of said Rancho Agua Hedionda, said corner bears North 79*'36'00" East (record North 79''20'00" East) from Corner No. 5 of said Lot "G"; thence North 51''25'00" East, 31.65 feet; thence South 38°35'00" East, 163.79 feet; thence North 51°25'00" East, 45.50 feet to a point on a line that is parallel with and 70.50 feet Northeasterly of the new centerline of El Camino Real as shown on Road No.: 332482-R Page 6 Survey No. 1800-1, on file in the Office of the County Surveyor of said County of San Diego, said point being the TRUE POINT OF BEGINNING of the centerline herein described; thence along said parallel line and its Southeasterly prolongation. South 38''35'00" East 1,150.00 feet. Said deed contains certain limitations upon the use of that portion of the herein described land lying within said easement. Affects Parcel 2. 10. An easement and right of way for the transmission and distribution of electricity, together with the right of ingress thereto and egress therefrom, upon, over, under and across said land as granted to the San Diego Gas & Electric Company in deed recorded June 12, 1979 as File No. 79-241682. Said easement and right of way in said land is described as follows: A 6.00 foot wide strip being 3.00 feet on each side of a line described as follows: COMMENCING at Engineer's Station 329+50.00 in El Camino Real, Road Survey 1800-1 on file in the County Engineer's Office of said County; thence North 38°22'25" East, 480.00 feet to the beginning of a tangent 350.00 foot radius curve, concave Westerly; thence Northerly along the arc of said curve through a central angle of 81°50'49", a distance of 499.97 feet; thence tangent to said curve. North 43°28'24" West, 172.23 feet to the beginning of a tangent 350.00 foot radius curve, concave Easterly; thence Northerly along the arc of said curve through a central angle of 54''45'22", a distance of 334.49 feet; thence tangent to said curve. North ll''16'58" East, 63.31 feet; thence North 4''23'02 West, 184.00 feet to the TRUE POINT OF BEGINNING; thence South 69''40'02" East, 117.00 feet; thence South 56''36'22" East, 102.00 feet; thence South 36°21'22" East, 123.40 feet; thence South 71°00'02" East, 120.00 feet; thence North 65''4ri6" East 78.80 feet to the POINT OF TERMINUS. Said deed contains certain limitations upon the use of that portion of the herein described land lying within said easement. Affects Parcel 2. 11. An easement over said land for communication structures and purposes incidental thereto as conveyed to The Pacific Telephone and Telegraph Company, by deed recorded August 21, 1979 as File No. 79-350469. The location of said structures is more particularly described in said deed as follows: A 24.00 foot wide strip, the Westerly line of said strip being described as follows: BEGINNING at Engineer's Station 329+50.00 in El Camino Real, Road Survey 1800-1 on file in the County Engineer's Office of said County; thence No.: 332482-R Page 7 North 38''22'25" East, 480.00 feet to the beginning of a tangent 350.00 foot radius curve, concave Westerly; thence Northerly along the arc of said curve through a central angle of 81"50'49", a distance of 499.97 feet; thence tangent to said curve. North 43'*28'24" West, 172.23 feet to the beginning of a tangent 350.00 foot radius curve, concave Easterly; thence Northerly along the arc of said curve through a central angle of 54°45'22", a distance of 334.49 feet; thence tangent to said curve, North 11"16'58" East, 519.31 feet to the POINT OF TERMINUS. Said deed contains certain limitations upon the use of that portion of the herein described land lying within said easement. Affects Parcel 2. 12. An easement and right of way as granted to Carlsbad Municipal Water District in deed recorded August 22, 1979 as File No. 79-352199 for the installation, construction, operation, maintenance, repair, replacement, and reconstruction of water lines upon, through, under, over and across a 24.00 foot wide strip, the Easterly line of said strip being described as follows: BEGINNING at Engineer's Station 329+50.00 in El Camino Real, Road Survey 1800-1 on file in the County Engineer's Office of said County; thence North 38"22'25" East, 95.00 feet to a point hereinafter referred to as Point "A"; thence continuing North 38°22'25" East, 385.00 feet to the beginning of a tangent 350.00 foot radius curve, concave Westerly; thence Northerly along the arc of said curve through a central angle of 81''50'49", a distance of 499.97 feet; thence tangent to said curve North 43''28'24" West, 172.23 feet to the beginning of a tangent 350.00 foot radius curve, concave Easterly; thence Northerly along the arc of said curve through a cental angle of 54'*45'22", a distance of 334.49 feet; thence tangent to said curve North ll''16'58" East, 81.31 feet to a point hereinafter referred to as Point "B"' thence continuing North 11°16'58" East, 129.00 feet to a point hereinafter referred to as Point "C"; thence continuing North ll''16'58" East, 343.00 feet to a point hereinafter referred to as Point "D"; thence continuing North 11"16'58" East, 135.00 feet to a point hereinafter referred to as Point "E"; thence North 11°16'58" East 6.00 feet to the POINT OF TERMINUS. ALSO, those portions of the following described 6.00 foot wide strips lying outside the aforedescribed 24.00 foot wide strip, said 6.00 foot wide strips lying 3.00 feet on each side of the following described lines: BEGINNING at aforesaid Point "A"; thence North 51''37'34" West, 45.00 feet to the POINT OF TERMINUS. BEGINNING at aforesaid Point "B"; thence South 78''43'02" East, 35.00 feet to the POINT OF TERMINUS. BEGINNING at aforesaid Point "C"; thence South 78''43'02" East 35.00 feet to the POINT OF TEMINUS. No.: 332482-R Page 8 BEGINNING at aforesaid Point "D"; thence South 78°43'02" East, 35.00 feet to the POINT OF TERMINUS. BEGINNING at aforesaid Point "E"; thence North 78°43'02" West to the Westerly line of aforedescribed County of San Diego land. Affects Parcel 2. 13. An easement and right of way and incidents thereto for a public highway as granted to the City of Carlsbad, California in deed recorded September 6, 1979 as File No. 79-373667 upon, over and across those portions of Lot B of Rancho Aqua Hedionda, according to Map thereof No. 823, filed in the Office of the County Recorder of said County of San Diego, described in deed to the County of San Diego, recorded January 8, 1974 at Recorder's File/Page No. 14190 of Official Records of said County of San Diego, described in the following parcels: Parcel 1: That portion lying Southerly of a line that is 63.00 feet Northerly of and parallel with the centerline of Palomar Airport Road, Road Survey 757 on file in the County Engineer's Office of said County and lying Northerly of the Northerly line of existing said Palomar Airport Road. Parcel 2: That portion lying Westerly of a line that is 63.00 feet Easterly of and parallel with the centerline of El Camino Real, Road Survey 1800-1 on file in said County Engineer's Office and lying Easterly of the Easterly line of existing said El Camino Real Road. Affects Parcel 2. 14. An easement and right of way for road purposes as granted to Costa Real Municipal Water District in deed recorded September 23, 1980 as File No. 80-308474, over that portion of Lot "B" of Rancho Agua Hedionda, in the County of San Dieog, State of California, according to Map thereof No. 823, filed in the Office of the County Recorder of San Diego County, lying between the Southeasterly and Northeasterly lines of Record of Survey Nol 7845, filed in the Office of said County Recorder and a line described as follows: COMMENCING at the most Southerly corner of said Record of Survey No. 7845; thence South 51°47'58" West, along the Southwesterly prolongation of the Southeasterly line of said Record of Survey No. 7845, a distance of 55.00 feet to the centerline of Road Survey No. 1800-1, a plat of which is on file in the Office of the County Engineer of said County; thence South 38''12'02" East, along said centerline 141.28 feet to the TRUE POINT OF BEGINNING; thence leaving said centerline. North 38''22'25" East, 480.00 feet to the beginning of a tangent 350.00 foot radius curve concave Westerly; thence Northerly along the arc of said curve through a central angle of 81''50'49" a distance of 499.97 feet; thence North 43°28'24" West, 115.00 feet; thence Southwesterly in a direct line to a point distant South 73''17'22" East, 231.59 feet from the most Northerly No.: 332482-R Page 9 corner of said Record of Survey Map No. 7845, said point being the POINT OF TERMINIUS. INCLUDING that portion of Record of Survey No. 7845, lying between said 350.00 foot radius curve and a line that is 24.00 feet Westerly of and concentric with said 350.00 foot radius curve. EXCEPTING therefrom that portion lying within Road Survey 1800-1, a plat of which is filed in the Office of the County Engineer of said County. Said deed contains certain limitations upon the use of that portion of the herein described land lying within said easement. Affects Parcel 2. 15. An assignable easement and right-of-way as reserved in deed recorded June 30, 1982 as File No. 82- 20 15 6 (for the use and benefit of the public, for the free and unobstructed passage of aircraft in, through, and across all the air space above a plane herein known as the Inner Horizontal Surface which is established at an elevation of 478.15 feet above Mean Sea Level based on North American Datum of 1929. Said deed contains certain limitations upon the use of that portion of the herein described land lying within said easement. TYP: vgb PARCEL 1: That portion of Lot "B" of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 823, filed in the Office of the County Recorder of San Diego County, November 16, 1896, described as follows: COMMENCING at Point 14 of said Lot "B" as designated on said Map No. X 823; thence along the boundary of said Lot"B", South 89°54'00" East, PA -24 23.41 feet to the Northeasterly corner of land described in deed to North County Investments, recorded June 16, 1971 as File No. 126673; thence retracing along said boundary North 89°54'00" West, 23.41 feet to said Point 14 of Lot "B"; thence along the boundary of said land of North County Investor's as follows: South 54°15'33" West, 326.48 feet; South 50 55'35" West 1788.65 feet; South 01°28'24" West, 787.30 feet to the True Point of Beginning; thence continuing along said boundary. South 10°46'15" West, 1337.68 feet; thence leaving said boundary. South 79°13'45" East, 703.35 feet; thence North 30°28'48" East, 900.00 feet; thence North 30°31'12" West, 800 feet; thence South 87 45'29" West, 491.59 feet to the TRUE POINT OF BEGINNING. PARCEL 2: A non exclusive easement and right-of-way for road purposes over, under, through and across ^11 that portion of said Lot "B" of Rancho Agua Hedionda lying within a strip of land 48.00 feet wide, the sidelines of said strip lying 24.00 feet on each side of the following described centerline: COMMENCING at the most Southerly corner of that land described in Parcel 1 of deed to Carlsbad Municipal Water District, recorded August 3, 1973 at File/Page No. 73-215694 in the San Diego County Recorder's Office, being also the most Southerly corner of that certain 6.459 Acre parcel shown on Record of Survey Map No. 7845 filed in said Recorder's Office on March 8, 1974; thence along the Southwesterly prolongation of the Southeasterly line of said 6.459 Acre parcel South 51°17'15" West (Record North 51°25'00" East per said R.O.S. 7845) 55.00 feet to a point on the centerline of El Camino Real, Road Survey 1800-1, a plat of which is on file in the Office of the County Engineer'of said County; thence along said centerline South 38°42'45" East, (Record North 33°11'55" West per said R.S. 1800-1) 141.28 feet to Engineer's Station 329+50.00 thereon, said point being the TRUE POINT OF BEGINNING; thence leaving said centerline North 37°51'42" East, 480.00 feet to the beginning of a tangent 350.00 foot radius curve, concave Westerly thence Northerly along the arc of said curve through a central angle of 81 50'49", a distance of 499.97 feet; thence tangent to said curve. North 43°59'07" West, 172.23 feet to the beginning of a tangent 350.00 Amended foot radius curve concave Easterly; thence Northerly along the arc of 332482-D said curve through a central angle of 54°45'22" a distance of 334.49 Page 1 of 2 vgb, feet; thence tangent to said curve North 10°46'15" East, 518.39 feet to a point on the Southeasterly line of Parcel 1 hereinabove described above said point being the Point of Terminus. PARCEL 3 Amended 332482-D 5/6/82 An easement for the right to construct drainage facilities and also to drain any portion of Parcel 1 hereinabove described over said easement, being a portion of Lot "B" of Rancho Agua Hedionda, Map No. 823, filed in the Office of the County Recorder of San Diego County, State of California, on November 16, 1896; said easement being 20.00 feet wide, 10.00 feet on each side of the following described centerline: COMMENCING at Point 14 of said Lot "B" as described on said Map No. 823, thence South 54"15'33" West, a distance of 326.48 feet; thence South 50°55'35" West, a distance of 1788.65 feet; thence South 01°28'24" West, a distance of 787.30 feet, said point also being the Northwesterly corner of said Parcel 1; thence along the Westerly boundary of said Parcel 1; South 10°46'15" West, a distance of 1337.68 feet, said point also being the Southwesterly corner o* said Parcel 1; thence along the Southerly boundary of said Parcel 1, South 79°13'45" East, a distance of 703.35 feet, said point being the Southeasterly corner of said Parcel 1; thence along the Southeasterly boundary of said Parcel 1; North 30°28'48" East, a distance of 150.00 feet to the centerline of said drainage easement, said point being the TRUE POINT OF BEGINNING, said point being also on the arc of a 300.00 foot radius curve concave Northeasterly; a radial line to said curve to said point bears North 52°58'48" East; thence Southeasterly along the arc of said curve through a central angle of 34°00'00" a distance of 178.02 feet; thence tangent to said curve South 71°01'12" East, a distance of 375.00 feet to the Point of Terminus. Form No. 1000-2 10/73 • CLTA Stattdard Coverage Policy Form 1973 332482-R CLTA-1973 SCHEDULE A STANDARD COVERAGE Name of Insured: THE CITY OF CARLSBAD A Municipal Corporation Policy No.: 332482-R Charge: $ 4,082.00 (A-2A1) Date of Policy: Amount of Insurance: $ June 30, 1982 at 8:00 AM 2,000,000.00 The estate or interest in the land described or referred to in this schedule covered by this policy is: A fee as to Parcel 1 and easements more fully described below as Parcels 2 and 3. The estate or interest referred to herein is at the Date of Policy vested in: CITY OF CARLSBAD A Municipal Corporation The land referred to in this policy is described as follows: SEE ATTACHED 760-166-82 Page Two 09-05 2-24-8Z. f^i DETAIL A NOT TO SCALE \'% 800" CHANGES! SLKIOLD curl n 75 fS 1 5/76 J 1 I 1 1 \ 1 1 1 1 1 "While -this plat is beli«v«d to be correct. the Company assumes no Jiablility for any loss occ" urring by reason of reliance thefHio5i^"_^ SAN OIEGO COUNTY ASSESSOR'S HAP 6K 209 PG 05 MAPPED FOR ASSESSMENT PURPOSES ONLV ROS 7845 MAP 823 - RHO AGUA HEDIONDA POR LOT B PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS BETWEEN COUNTY OF SAN DIEGO AND THE CITY OF CARLSBAD TABLE OF CONTENTS Page 1. Agreement of Sale/Price and Terms 1 2. Escrow Closing 3 3. Closing Costs 4 4. Title 4 5. Provision for Easements 6 6. The Obligations of Seller 7 7. Commissions 7 8. Attorney's Fees 8 9. Notices 8 10. Entire Agreement - Amendments 8 11. Successors 9 12. Assignment 9 13. Choice of Laws 9 14. Waiver of Covenant, Condition or Remedy 9 15. Interpretation of Agreement 10 16. Survival 10 17. Time 10 CONTRACT yW^^ P o-ch cGErnunication "t.o-^--^r thi:-; contract; PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS This Agreement is made as of the day of 1982, by and between the COUNTY OF SAN DIEGO, California, a political subdivision ("Seller") and THE CITY OF CARLSBAD, California, a municipal corporation ("Buyer"). A. Seller owns a parcel of real property (The "Property") in the City of Carlsbad, County of San Diego, State of California, described in Exhibit "A" attached hereto and by this reference incorporated herein, consisting of 26.276 acres of land. B. The parties desire to enter into an agreement whereby Seller shall agree to sell and Buyer shall agree to buy the Property on the terms and conditions set forth herein. NOW, THEREFORE, Seller and Buyer hereby agree as follows: 1. Agreement of Sale/Price and Terms (a) Seller hereby agrees to sell and Buyer hereby agrees to buy the Property for the sum of Two Million Dollars. The purchase price shall be paid by the deposit of $2,000,000 into the escrow described in Paragraph 2 hereof in time to permit the closing thereof at the scheduled closing date. .-5 (b) Buyer agrees, without warranty as to results, to: (1) process a request for a General Plan Amendment to change the land use designation of Palomar Airport property, owned by Seller, adjacent to the Property and east of El Camino Real in Carlsbad, Carlsbad, California, from "Open Space" and "Government" to "Planned Industrial" and (2) to process a request for a zoning change to modify the zoning of Sellers said property from the current Open Space zone to a planned industrial zone. Seller agrees to execute the necessary application forms and agreements in accordance with the adopted policy of the Board of Supervisors for compliance with the land use regulations of other governmental entities. Buyer agrees to waive application fees and Seller agrees that public facility fees may be collected by the City of Carlsbad from a future developer of Sellers adjacent property. Seller also agrees to provide a credit to Buyer, against the purchase price due Seller in escrow in the amount of $7500 for one half the reasonable cost of an environmental impact report necessary for Buyer development of the Property and the zoning change request. (c) Buyer also agrees without warranty as to results, to process a modification of Conditional Use permit No. 140 (C.U.P. 140) to: (1) eliminate requirement No. 9 which provides for an equestrian trail over Palomar Airport property, (2) to modify requirement No. 10 to provide only for the dedication of the right-of-way specified and (3) eliminate requirement No.17 which provides for paving of the turn pockets in the median area on El Camino Real. (d) Buyer agrees to fund and construct, or cause to be constructed, full one-half improvements on a 126 foot right-of-way along Seller's frontage on Palomar Airport Road east of El Camino Real. Should Buyer cause a Road Improvement District (R.I.D.) to be formed to facilitate development of said improvements, Seller shall be exempted from participation in said district and shall not be assessed for any share of improvements constructed. (e) Seller agrees to fund from the proceeds of this sale and construct, or cause to be constructed, full 1/2 street improvements on a 126 foot right-of-way along Seller's frontage on the east side of El Camino Real. Work shall be commenced within two years unless an earlier demand is made by Buyer, and shall be completed as quickly as feasible. 2. Escrow Closing (a) Upon approval of this Agreement by both parties, the original of the Agreement shall be deposited with Seller who shall act as Escrow Holder. Seller, as Escrow Holder, shall promptly take those steps necessary to complete the purchase and sale herein contemplated. Escrow Holder Is hereby authorized and instructed to act in accordance with the provisions of this Agreement which shall constitute Escrow Holder's escrow instructions. Seller and Buyer shall each deposit such deeds, instruments and funds and take such other actions as are necessary to close the Escrow and complete the sale and purchase of the Property in accordance with the terms hereof. (b) This escrow is scheduled to close on or before June 30, 1982. The following actions shall have occurred prior to that date: (1) Seller to obtain written consent of the Federal Aviation Administration (F.A.A.) to sale of the Property. (2) Buyer to deposit the purchase price into escrow. (3) Seller to deposit a signed Deed into escrow. (4) Seller to provide a $7,500. credit to Buyer for one half the cost of an environmental study as provided in Subclause 1(b) above. Time is specifically a matter of essence with respect to the closing provided, however, the closing date may be extended up tb 60 days to allow additional time to obtain F.A.A. approval of this sale. 3. Closing Costs Seller shall pay all costs, if any, to obtain a waiver of a parcel map, certificate of compliance or other action necessary to establish the Property as a legally conveyable parcel of property. Buyer shall pay the cost of title insurance. Seller shall pay any additional costs of naming Seller as an additional insured on the title insurance policy. There shall be no escrow fees. 4. Title (a) Seller agrees to convey title to Buyer and Buyer agrees to accept title from Seller as provided in this section. Attached hereto as Exhibit "B" and by this reference incorporated herein is an updated preliminary title report number 332482-B, dated A^r// So^ /^g^rom Land Title Insurance Company which covers the Property. Seller agrees to convey title to the Property to Buyer subject only to those exceptions set forth in said preliminary title report which affect the Property. Immediately after the opening of escrow. Buyer shall obtain a current preliminary title report from Land Title Insurance Company showing the state of title to the Property. Buyer shall have the right to disapprove any exception shown on such report that is not shown on the report attached hereto as Exhibit "B". In the event Buyer objects to any such additional exceptions and Seller is unable to eliminate such exceptions. Buyer shall have the right either to waive its objection to such exceptions and close the escrow subject to such additional exceptions or to terminate the escrow and all of its liabilities hereunder. (b) Seller warrants that there are no oral or written leases on all or any part of the Property exceeding a period of one month, and Seller agrees to hold Buyer harmless and reimburse Buyer for any and all of its losses and expenses occasioned by reason of any lease of said Property held by any tenant of Seller for a period exceeding one month. (c) Seller agrees to obtain written Federal Aviation Administration (FAA) consent to the conveyance of the Property to Buyer prior to the close of escrow, and warrants there are no restrictions relating to the FAA or Palomar Airport which would prevent Buyer's use of the Property for City facilities including but not limited to police, fire vehicle maintenance, water utilities, street maintenance, parks and other similar facilities except as provided in the avigation easement reserved by Seller in the Grant Deed attached as Exhibit "C". (d) At the closing Seller shall deposit into the escrow the Grant Deed, attached hereto as Exhibit "C" and by this reference incorporated herein, fully executed and in recordable form, sufficient to convey to Buyer fee title to the Property. Said deed shall recite that title is conveyed subject to: (i) Non-delinquent real property taxes and special assessments, if any; and (ii) Other liens, leases easements, encumbrances, covenants, conditions and restrictions and other matters of record set forth in subparagraph 4(a) above or which may be approved by Buyer in accordance with subparagraph 4(a) above. (e) At the close of escrow and as a condition thereto. Land Title Insurance Company shall agree to issue a CLTA Standard Coverage Owner's Policy of Title Insurance, with liability in the amount of the purchase price for the Property, showing title to the Property vested in Buyer or its designee, subject only to the exceptions approved by Buyer pursuant to subparagraph 4(a) above and to non-delinquent real property taxes, special assessments and reservations of easements referred to in subparagraph 4 (d) above. Seller shall be named as an additional insured on said policy. (f) Seller agrees to monument and stake the Property at no cost to Buyer and to furnish Buyer with a Record of Survey within three months after close of escrow. 5. Provision for Easements (a) Seller agrees to deposit into escrow the deed referred to above as Exhibit "C" which shall include access utility and avigation easements and the drainage easement included in subparagraph 5(b). Said deed shall be in the form attached hereto as Exhibit "C" and by reference incorporated herein and shall be fully executed and in recordable form for conveying such easements to Buyer. Buyer and Seller agree to jointly provide funds to maintain said access easement. (b) Seller further agrees to grant Buyer an easement to construct and maintain drainage structures on Sellers adjacent property. Said easement shall be in the form attached hereto as Exhibit "C". (c) Buyer and seller may each need easements over the property of the other in order to develop. Buyer and seller agree that they will not unreasonably withhold consent to the granting of any such easements. 6. The Obligations of Seller The obligations of Seller under this contract are subject to complying with Section 25365 of the Government Code of the State of California. It is understood, therefore, that the County Board of Supervisors will be immediately requested to authorize publication of a Notice of Intention To Sell the subject Property. If, upon the hearing pursuant to said Notice of Intention To Sell, the Board of Supervisors of the County shall determine that it is not in the public interest to sell said Property, this Agreement shall become null and void and the parties hereto shall be relieved of all obligations hereunder. 7. Commissions Buyer and Seller each represent to the other that they have not entered into any agreement or incurred any obligation which might result in the obligating of the other party to pay a sales or brokerage commission or finder's fee on this transaction and agree to indemnify, defend and hold each other harmless in the event such representations shall prove to be untrue. 8. Attorney's Fees In the event of any action between Buyer and Seller seeking enforcement of any of the terms and conditions of this Agreement, or in connection with the Property, the prevailing party in such action shall be awarded, in addition to damages, injunctive or other relief, its reasonable costs and expenses, including reasonable attorney's fees. 9. Notices All notices under this Agreement shall be effective upon personal delivery to Seller or Buyer, as the case may be, or three business days after deposit in the United States mail, registered or certified mail, postage fully prepaid and addressed to the respective parties as follows: To Seller: County of San Diego Director, Department of General Services 5555 Overland Avenue, Bldg. 2 San Diego, CA 92123 To Buyer: City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 Attn: City Manager Copy To: City Attorney or to such other addresses as the parties may from time to time designate in writing. 10. Entire Agreement - Amendments This Agreement and the items incorporated herein contain all of the agreements of the parties hereto with respect to the matters contained herein, and no prior agreement or understanding pertaining to any such matter shall be effective for any purposes. No provisions of this Agreement may be amended or modified in any manner whatsoever except by an agreement in writing signed by duly authorized officers of each of the parties hereto, except that any modifications which relate to the adjustment to time limitations (except the closing date) or to the form of documents may be made by legal counsel to the parties. 11. Successors The terms, covenants and conditions of the Agreement shall be binding upon and shall inure to the benefit of the heirs, executors, administrators and assigns of the respective parties hereto. 12. Assignment Buyer may not assign its rights hereunder without the prior written consent of Seller. 13. Choice of Laws This Agreement shall be governed by the laws of the State of California and any question arising hereunder shall be construed or determined according to such law. 14. Waiver of Covenant, Condition, or Remedy The waiver by one party of the performance of any covenant, condition, or promise shall not invalidate this Agreement nor shall it be considered a waiver of any other covenant, condition, or promise. The waiver by either or both parties of the time for performing any act shall not be considered a waiver of any other act or an identical act required to be performed at a later time. The exercise of any remedy provided in this Agreement shall not be a waiver of any consistent remedy provided by law. and the provisions in this Agreement for any remedy shall not exclude other consistent remedies unless they are expressly excluded. 15. Interpretation of Agreement This Agreement shall be construed as a whole and in accordance with its fair meaning. Captions and organizations are for convenience and shall not be used in construing meaning. 16. Survival This Agreement shall survive the close of escrow and shall remain a binding contract between the parties hereto. 17. Time Time is of the essence of this Agreement, it being understood that each date set forth herein and the obligations of the parties to be satisfied by such date have been the subject of specific negotiation by the parties. 10 IN WITNESS WHEREOF, Buyer and Seller have executed this Agreement as of the date first above written. THE CITY OF CARLSBAD, a municipal corporation By Attest: Aletha L. Rautenkranz" City Clerk City Attorney COUNT/(j)F SAN DIEGO^ a political subdivision Porter Cremarrs, Clerk, Board of Supervisors Approved and/or Authorized by Boani pf Supervisors, County of San Dfegoi MAY 25 1982 Clerk of the Board of Supervisor 11 APPROVED AS 10 ruivfci ni«i.- wuv?.-... BY EXHIBITS EXHIBIT A EXHIBIT B EXHIBIT C Legal of Property Title Report Grant Deed (includes access, utility drainage & avigation easements) EXHIBIT "A" Parcel No. 82-OOOl-A (1-4-82) (WAR:RH:kb) All that portion of Lot "B" of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 823 filed in the Office of the County Recorder of said County November 16, 1896, lying within the land described in deed to said County of^ San Diego, recorded January 18, 1974, at File/Page No. 74-014190 in said Recorder's Office, described as follows: Commencing at the Northeasterly corner of said County of San Diego land; thence North 89*54'00" West, 23.41 feet to Point 14 of said Lot "B" as shown on said Map 823; thence along the boundary of said County land. South 54" 15'33" West, 326.48 feet; thence South 50°55'35" West, 1788.65 feet; thence South OP28'24" West, 787.30 feet to the TRUE POINT OF BEGINNING; thence continuing along said boundary, South 10^46'15" West, 1337.68 feet; thence leaving said boundary. South 79oi3'45" East, 703.35 feet; thence North 30° 28'48" East, 900.00 feet; thence North 30<'3ri2" West, 800.00 feet; thence South 87«45'29" West, 491.59 feet to the TRUE POINT OF BEGINNING. Parcel No. 82-0001-B (2-12-82) (WAR:RH:kb) A non exclusive easement and right-of-way for road and utility purposes over, under, through and across all that portion of said Lot "B" of Rancho Agua Hedionda lying within a strip of land 48.00 feet wide, the sidelines of said strip lying 24.00 feet on each side of the following described centerline: Commencing at the most Southerly corner of that land described in parcel 1 of deed to Carlsbad Municipal Water District, recorded August 3, 1973 at File/Page No. 73-215694 in the San Diego County Recorder's Office, being also the most Southerly corner of that certain 6.459 Acre parcel shown on Record of Survey Map No. 7845 filed in said Recorder's Office on March 8, 1974; thence along the Southwesterly prolongation of the Southeasterly line of said 6.459 Acre parcel South 51°17' 15" West (Record North 51°25' 00" East per said R.O.S. 7845) 55.00 feet to a point on the centerline of El Camino Real, Road Survey 1800-1, a plat of which is on file in the Office of the County Engineer of said County; thence along said centerline South 38042'45" East, (Record North 33»ir 55" West per said R.S. 1800-1) 141.28 feet to Engineers' Station 329+50.00 thereon, said point being the TRUE POINT OF BEGINNING; thence leaving said centerline North 37*51'42"East, 480.00 feet to the beginning of a tangent 350.00 foot radius curve, concave Westerly; thence Northerly along the arc of said curve through a central angle of 81°50' 49", a distance of 499.97 feet; thence tangent to said curve. North 43''59' 07" West, 172.23 feet to the beginning of a tangent 350.00 foot radius curve concave Easterly; thence Northerly along the arc of said curve through a central angle of 54°45' 22" a distance of 334.49 feet; thfnce tangent to said curve North 10°46' 15" East, 518.39 feet to a point on the Southeasterly line of Parcel Nd. 82-0001-A described above, said point being the POINT OF TERMINUS. 17 Exhibit "A" (Continued) PARCEL NO. 82-OOOl-C Drainage Easement An easement and right of way to construct drainage facilities and also to drain any portion of Parcel No. 82-OOOl-A over said easement, being a portion of Lot "B" of Rancho Agua Hedionda, Map No. 823, filed in the Office of the County Recorder of San Diego County, State of California, on November 16, 1896; said easement being 20 feet wide, 10 feet on each side of the following described centerline: Commencing at Point 14 of said Lot "B" as described on said Map No. 823, thence South 54°15'33" West, a distance of 326.48 feet; thence South 50°55'35" West, a distance of 1788.65 feet; thence South 01°28'24" West, a distance of 787.30 feet to the Northwesterly corner of said Parcel No. 82-0001-A; thence along the Westerly boundary of said parcel. South 10° 46'15" West, a distance of 1337.68 feet to the Southwesterly corner of said Parcel; thence along the Southerly boundary of said Parcel South 79°13'45" East, a distance of 703.35 feet to the most Southerly corner of said Parcel; thence along the Southeasterly boundary of said Parcel, North 30°28'48" East, a distance of 150.00 feet to the centerline of said drainage easement, said point being the TRUE POINT OF BEGINNING, said point being also on the arc of a 300 foot radius curve concave Northeasterly, a radial line to said curve at said point bears South 52°58'48' West; thence Southeasterly along the arc of said curve through a central angle of 34°00'00" a distance of 178.02 feet; thence tangent to said curve South 71**0ri2" East, a distance of 375.00 feet to the POINT OF TERMINUS. IIBIT "A" CONTINUED) Reserving to the County of San Diego, a political Subdivision of the State of California, hereinafter called "Grantor", an assignable easement and right-of-way for the use and benefit of the public, for the free and unobstructed passage of aircraft in, through, and across all the air space above a plane herein known as the Inner Horizontal Surface which is established at an elevation of 478.15 feet above Mean Sea Level based on North American Datum of 1929. TOGETHER with the continuing right to cause or allow in all the air space above the surface of Grantee's property such noise, vibrations, fumes, dust, fuel particles, and other effects as may be caused by or result from the operation of aircraft within said air space provided the operation is in compliance with appliable laws and regulations; it being understood and agreed that Grantor intends to maintain and develop Palomar Airport in such a manner that said airport and the easement reserved hereby will be used at all times and by every type of aircraft which is now in existence or which may be developed in the future for both commercial and noncommercial flights; and Grantee, for Grantee and the successors in interest and assigns of Grantee, does hereby fully waive and release those rights or causes of action relating to the use of the property described in this deed located below this easement, which they or any of them now have or may have in the future against Grantor, its successors and assigns, on account of or arising out of the reasonable, non-negligent operation of aircraft in said air space; It I Jfc "A" ^' (CONTINUED) , _ EXHI ALSO TOGETHER with the continuing right in the Grantor, its successors and assigns, to clear and keep clear any and all obstructions which encroach upon or extend into the hereinbefore described easement and right-of-way, and for such purpose, after reasonable notice to Grantee, to enter upon the surface of Grantee's property and cut and remove underbrush and soil and demolish, cut, lower, or remove buildings or any structures, or any bushes, trees, or other vegetation which are located on or extend into or over so much of the Grantee's property as lies below the easement and right of way herein granted, and together with the right of ingress to, egress from, and passage over Grantee's property for the purpose of effecting and maintaining such clearance as aforesaid. Provided, however, that Grantor or its successors and assigns shall before cutting, removing, demolishing or lowering any vegetation, soil or structure shall first demand that Grantee perform such cutting, removing, demolishing or lowering and allow Grantee reasonable time to perform. THE TERM "aircraft" is defined for the purposes of this Deed as any contrivance now known or hereafter invented, designed, or used for navigation or flight in air or space. UNLESS PRIOR APPROVAL IS GIVEN BY THE FEDERAL AVIATION ADMINISTRATION, (F.A.A.) or its successors and assigns. Grantee, for Grantee and the successors in interest and assigns of Grantee, covenants and agrees that neither they nor any of them will erect, or permit the erection of, any structure or object, or permit the growth of any tree or other vegetation, or allow any structure, object, tree or other vegetation to encroach upon or extend into said easement and right of way, and that neither they nor any of them will , ^ EXHIBTT "A" '* • • (CONTINUED) hereafter use, or permit or suffer the use of Grantee's property in such manner as to create electrical interference with radio communication to or from any aircraft, or as to make it difficult for aircraft pilots tp distinguish between airport lights and other lights or as to impair visibility in the vicinity of the airport, or as to otherwise endanger the landing, taking off, or maneuvering of aircraft. jr LAND TiTLE ^Tj INSURANCE COMPANY A subsidiary of Igjuyers Title Insurance (prporatton of RchnMNid .MigMU 1330 FOURTH AVENUE SAN DIEGO. CALIFORNIA 92101 PHONE 234-7192 AMENDED PRELIMINARY REPORT ^ City of Carlsbad , 1200 Elm , Carlsbad, California 92008 YOUR REF: County of San Diego Attention: Larry C. Dossey OUR NO: 332482-R Dated as of. TITLE OFFiCER Camber In response to your application for a policy of title insurance, LAND TITLE INSURANCE COMPANY hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a ^ Califomia Land Title Association Standard Coverage form, or an • American Land Title Association Loan form, or an • American Land Title Association Owner's form (as indicated by box checked above) Policy of Title Insurance of LAND TITLE INSURANCE COMPANY and LAWYERS TITLE INSURANCE CORPORATION, describing the land and the estate or interest therein hereinafter set forth, insiuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipula- tions of said policy form. This report (and any supplements or amendments thereto) is issued solely for the purpose of facilitating tlie 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 policy of title insurance, a Binder or Commitment should be requested. The estate or interest in tlie land hereinafter described or referred to covered by this Report is: A Fee as to Parcel 1 and easements more fully described below as Parcels 2 and 3. Title to said estate or interest at the date hereof is vested in: THE COUNTY OF SAN DIEGO. The land referred to in this report is described as follows: SEE ATTACHED. taz (REV. 3/70) Your Ref: County^p San Diego Our No.: 332482-R Page 2 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. The right of James Kelly, Robert S. Kelly, Ellen K. Hall, Alice K. Morrison and Lillie Kelly Ortega, and their respective successors and assigns, to use all roads and rights of way then existing or traveled over and across any portion of the property herein described, together with the right and easement to install any poles, wires, pipes or similar utility structures over and along any or all of such rights of way, as granted by deed dated March 26, 1936 and recorded July 29, 1936 in Book 541, Page 244 of Deeds. 2. An easement for gas pipe lines and incidental purposes over said land, as granted to the San Diego Gas and Electric Company, by deed recorded January 18, 1937 in Book 613, Page 126 of Official Records. The route thereof across said land is more particularly described as follows: Beginning at a point on the East line of said Lot "B" distant thereon 36.73 feet Northerly from the Southeast Corner thereof; thence from said Point of Beginning South 87°2r00"West, 18.75 feet; thence South 79°45'00" West, 1771.50 feet; thence North 73°10'00" West, 1728.30 feet; thence South 85°30'00" West, 3058.45 feet; thence North 37°51'00" West, 1187.25 feet; thence South 70°10'30" West, to the Westerly line of said Lot "B". Affects Parcel 2. 3. A right of way, 60.00 feet wide, and incidents thereto, for public highway purposes over a portion of said land, known as El Camino Real and being a portion of County Road Survey No. 682 (County Road A-12), as granted to County of San Diego by deed recorded August 21, 1940 in Book 1054, page 360 as File No. 42295, by deed recorded October 2, 1940 in Book 1075, page 403 as File No. 51256, and by deed recorded June 11, 1943 in Book 1516, page 79 as File No. 34463, all of Official Records. Said instrument additionally grants the privilege and right to extend drainage structures and excavation and embankment slopes beyond the limits of the above described right of way where required for the construction and maintenance thereof. Subsequently by a Resolution of the County of San Diego, passed and adopted by the Board of Supervisors of San Diego County on November 12, 1974, a copy of which was recorded November 14, 1974 as File No. 74-301818 of Official Records, that portion of said County Road Survey No. 682, 60.00 feet wide, lying Easterly of the Easterly line of County Road Survey No. 1800-1, 126.00 feet wide, a copy of which is filed in the office of the County Surveyor of San Diego County and lying within that certain portion of said Lot "G" as described in deed to County of San Diego recorded April 3, 1974 as File No. 74-083015 of Official Records, was vacated and abandoned as a public highway. Your Ref: County^! San Diego Our No.: 332482-1^ ^ Page 3 Said Resolution excepts that portion of County Road Survey No. 682 lying Northerly and Northwesterly of a 50.00 foot radius curve concave Southeasterly, the Southwesterly terminus of said curve being its point of tangency with the Easterly line of said County Road Survey No. 1800-1 (126.0(5 feet wide) and the Northeasterly terminus of said curve being at its point of tangency with a line that is parallel with and distant 63.00 feet at right angles Southerly, from the center line of County Road Survey No. 757, as described in easement granted to County of San Diego by deed recorded October 2, 1940 in Book 1069, page 456 as File No. 51254 of Official Records, reference being made to said Resolution for further particulars. Affects Parcel 2. 4. An easement for road and utility purposes and incidents thereto as granted to the Carlsbad Municipal Water District by deed recorded ecember 27, 1961 as file No. 222199 affecting said 60.00 foot strip of land lying Southwesterly and Northwesterly of the following described line: Commencing at Point "X" designated in Parcel 1; thence along the boundary of said Parcel 1 as follows: South 73°43'45" East. 232.43 feet and South 38°38'25" East, 341.96 feet to the TRUE POINT OF BEGINNING; thence South 38°38'25" East, 160.00 feet; thence South 51°21'35" West, 668.00 feet to the Southwesterly line of said Lot "B". Affects Parcel 2. 5. An easement as granted in deed recorded August 3, 1973 as File No. 73-215695, for road and utility purposes over, under, upon and across a continuous strip of land 60.00 feet of even width located within Lot "B" of RANCHO AGUA HEDIONDA, in the County of San Diego. State of California, according to Map thereof No. 823. filed in the Office of the Recorder of San Diego County, November 16, 1896, said 60.00 foot strip of land lying Southwesterly and Northwesterly of the following described 1 i ne: Commencing at Point "X" designated in Parcel 1; thence along the boundary of said Parcel 1 as follows: South 73°43'45" East, 232.43 feet and South 38°38'25" East, 341.96 feet to the TRUE POINT OF BEGINNING; thence South 38°38'25" East, 160.00 feet; thence South 51''21'35" West, 668.00 feet to the Southwesterly line of said Lot "B". Affects Parcel 2. 6. An easement for gas pipe lines and incidental purposes over said land, as granted to the San Diego Gas and Electric Company, by deed recorded August 26. 1974 as File No. 74-231498. Your Ref: County^S San Diego Our No.: 332482-ir ^ Page 4 The route thereof across said land is more particularly described as foilows: That certain strip of land 15 feet in width, lying adjacent to, contiguous with and Northeasterly of the following described line: Commencing at Corner No. 4 of Lot "G" of said Rancho Agua Hedionda. said corner bears North 79°36'00"East (Record - North 79°20'00" East per Map No. 823) from Corner No. 5 of said Lot "G"; thence North 5r25'00" East 31.60 feet; thence South 38°35'00" East 163.79 feet; thence North 51°25'00" East 30.00 feet to a point on the Southwesterly line of the land conveyed to Carlsbad Municipal Water District by deed recorded December 27. 1961 at Recorder's File No. 222199 of Official Records, said point being the TRUE POINT OF BEGINNING of the line herein described; thence along the Southwesterly line and its Southeasterly prolongation South 38°35'00" East, 300 feet. Said deed contains certain limitations upon the use of that portion of the herein described land lying within said easement. Affects Parcel 2. 7. A right of way for use as a public highway over a portion of said land, being a portion of County Road Survey 1800-1. on file in the office of the County Surveyor of San Diego County, as disclosed by Resolution of the County of San Diego, a copy of which was recorded November 14. 1974 as File No. 74-301818 of Official Records. ALSO, any privilege and right which may exist to extend and maintain drainage structures and excavation and embankment slopes beyond the limits of any portion of County Road Survey 1800-1 which crosses said land where required for the construction and maintenance thereof, as set forth and described in deed to County of San Diego recorded July 10, 1970 as File No. 121185 of Official Records, and in various other deeds of record. Affects Parcel 2. 8. An easement for gas pipe lines and incidental purposes over said land, as granted to the San Diego Gas and Electric Company, by deed recorded July 29, 1975 as file No. 75-197823. The route thereof across said land is more particularly described as follows: A strip of land 15 feet in width the centerline of which is described as foi1ows: COMMENCING at Corner No. 4 of Lot "G" of said Rancho Agua Hedionda, said corner bears North 79°36'00" East (record North 79°20'00" East) from Corner No. 5 of said Lot "G"; thence North 51°25'00" East, 31.65 feet; thence South 38°35'00" East. 163.79 feet; thence North 51°25'00" East, 45.50 feet to a point on a line that is parallel with and 70.50 feet Northeasterly of the new centerline of El Camino Real as shown on Road Your Ref: County^' San Diego Our No.: 332482-TP ^ Page 5 Survey No. 1800-1, on file in the Office of the County Surveyor of said County of San Diego, said point being the TRUE POINT OF BEGINNING of the centerline herein described; thence along said parallel line and its Southeasterly prolongation. South 38°35'00" East 1,150.00 feet. Said deed contains certain limitations upon the use of that portion of the herein described land lying within said easement. Affects Parcel 2. 9. An easement and right of way for the transmission and distribution of electricity, together with the right of ingress thereto and egress therefrom, upon, over, under and across said land as granted to the San Diego Gas & Electric Company in deed recorded June 12, 1979 as File No. 79-241682. Said easement and right of way in said land is described as follows: A 6.00 foot wide strip being 3.00 feet on each side of a line described as follows: COMMENCING at Engineer's Station 329+50.00 in El Camino Real, Road Survey 1800-1 on file in the County Engineer's Office of said County; thence North 38°22'25" East. 480.00 feet to the beginning of a tangent 350.00 foot radius curve, concave Westerly; thence Northerly along the arc of said curve through a central angle of 81''50'49". a distance of 499.97 feet; thence tangent to said curve. North 43°28'24" West. 172.23 feet to the beginning of a tangent 350.00 foot radius curve, concave Easterly; thence Northerly along the arc of said curve through a central angle of 54°45'22", a distance of 334.49 feet; thence tangent to said curve. North 11°16'58" East, 63.31 feet; thence North 4*23'02 West, 184.00 feet to the TRUE POINT OF BEGINNING; thence South 69°40'02" East, 117.00 feet; thence South 56°36'22" East, 102.00 feet; thence South 36°21'22" East, 123.40 feet; thence South 71°00'02" East. 120.00 feet; thence North 65°4ri6" East 78.80 feet to the POINT OF TERMINUS. Said deed contains certain limitations upon the use of that portion of the herein described land lying within said easement. Affects Parcel 2. 10. An easement over said land for communication structures and purposes incidental thereto as conveyed to The Pacific Telephone and Telegraph Company, by deed recorded August 21. 1979 as File No. 79-350469. The location of said structures is more particularly described in said deed as follows: A 24.00 foot wide strip, the Westerly line of said strip being described as follows: BEGINNING at Engineer's Station 329+50.00 in El Camino Real. Road Survey 1800-1 on file in the County Engineer's Office of said County; thence Your Ref: County^| San Diego Our No.: 332482-^ ' Page 6 North 38°22'25" East. 480.00 feet to the beginning of a tangent 350.00 foot radius curve, concave Westerly; thence Northerly along the arc of said curve through a central angle of 81°50'49". a distance of 499.97 feet; thence tangent to said curve. North 43°28'24" West, 172.23 feet to the beginning of^ a tangent 350.00 foot radius curve, concave Easterly; thence Northerly along the arc of said curve through a central angle of 54°45'22", a distance of 334.49 feet; thence tangent to said curve. North 11°16'58" East, 519.31 feet to the POINT OF TERMINUS. Said deed contains certain limitations upon the use of that portion of the herein described land lying within said easement. Affects Parcel 2. 11. An easement and right of way as granted to Carlsbad Municipal Water District in deed recorded August 22. 1979 as File No. 79-352199 for the installation, construction, operation, maintenance, repair, replacement, and reconstruction of water lines upon, through, under, over and across a 24.00 foot wide strip, the Easterly line of said strip being described as follows: BEGINNING at Engineer's Station 329+50.00 in El Camino Real. Road Survey 1800-1 on file in the County Engineer's Office of said County; thence North 38°22'25" East. 95.00 feet to a point hereinafter referred to as Point "A"; thence continuing North 38''22'25" East. 385.00 feet to the beginning of a tangent 350.00 foot radius curve, concave Westerly; thence Northerly along the arc of said curve through a central angle of 81°50'49", a distance of 499.97 feet; thence tangent to said curve North 43°28'24" West, 172.23 feet to the beginning of a tangent 350.00 foot radius curve, concave Easterly; thence Northerly along the arc of said curve through a cental angle of 54°45'22", a distance of 334.49 feet; thence tangent to said curve North 11°16'58" East, 81.31 feet to a point hereinafter referred to as Point "B"' thence continuing North 11°16'58" East, 129.00 feet to a point hereinafter referred to as Point "C"; thence continuing North 11°16'58" East, 343.00 feet to a point hereinafter referred to as Point "D"; thence continuing North 11°16'58" East, 135.00 feet to a point hereinafter referred to as Point "E"; thence North 11°16'58" East 6.00 feet to the POINT OF TERMINUS. ALSO, those portions of the following described 6.00 foot wide strips lying outside the aforedescribed 24.00 foot wide strip, said 6.00 foot wide strips lying 3.00 feet on each side of the following described lines: BEGINNING at aforesaid Point "A"; thence North 51°37'34" West, 45.00 feet to the POINT OF TERMINUS. BEGINNING at aforesaid Point "B"; thence South 78°43'02" East. 35.00 feet to the POINT OF TERMINUS. BEGINNING at aforesaid Point "C"; thence South 78°43'02" East 35.00 feet to the POINT OF TEMINUS. Your Ref: County^ San Diego Our No.: 332482-1^ ^ Page 7 BEGINNING at aforesaid Point "D"; thence South 78°43'02" East. 35.00 feet to the POINT OF TERMINUS. BEGINNING at aforesaid Point "E"; thence North'78°43'02" West to the Westerly line of aforedescribed County of San Diego land. Affects Parcel 2. 12. An easement and right of way and incidents thereto for a public highway as granted to the City of Carlsbad. California in deed recorded September 6. 1979 as File No. 79-373667 upon, over and across those portions of Lot B of Rancho Aqua Hedionda, according to Map thereof No. 823, filed in the Office of the County Recorder of said County of San Dieqo. described in deed to the County of San Diego, recorded January 8, 1974 at Recorder's File/Page No. 14190 of Official Records of said County of San Diego, described in the following parcels: Parcel 1: That portion lying Southerly of a line that is 63.00 feet Northerly of and parallel with the centerline of Palomar Airport Road, Road Survey 757 on file in the County Engineer's Office of said County and lying Northerly of the Northerly line of existing said Palomar Airport Road. Parcel 2: That portion lying Westerly of a line that is 63.00 feet Easterly of and parallel with the centerline of El Camino Real, Road Survey 1800-1 on file in said County Engineer's Office and lying Easterly of the Easterly line of existing said El Camino Real Road. Affects Parcel 2. 13. An easement and right of way for road purposes as granted to Costa Real Municipal Water District in deed recorded September 23, 1980 as File No. 80-308474, over that portion of Lot "B" of Rancho Agua Hedionda, in the County of San Dieog. State of California, according to Map thereof No. 823, filed in the Office of the County Recorder of San Diego County, lying between the Southeasterly and Northeasterly lines of Record of Survey Nol 7845, filed in the Office of said County Recorder and a line described as follows: COMMENCING at the most Southerly corner of said Record of Survey No. 7845; thence South 51''47'58" West, along the Southwesterly prolongation of the Southeasterly line of said Record of Survey No. 7845. a distance of 55.00 feet to the centerline of Road Survey No. 1800-1, a plat of which is on file in the Office of the County Engineer of said County; thence South 38°12'02" East, along said centerline 141.28 feet to the TRUE POINT OF BEGINNING; thence leaving said centerline. North 38°22'25" East, 480.00 feet to the beginning of a tangent 350.00 foot radius curve concave Westerly; thence Northerly along the arc of said curve through a central angle of 81°50'49" a distance of 499.97 feet; thence North 43°28'24" West. 115.00 feet; thence Southwesterly in a direct line to a point distant South 73°17'22" East. 231.59 feet from the most Northerly Your Ref: Count}|^ San Diego Our No.: 332482-lP ^ Page 8 corner of said Record of Survey Map No. 7845. said point being the POINT OF TERMINIUS. INCLUDING that portion of Record of Survey No. 7845, lying between said 350.00 foot radius curve and a line that is 24.00 feet Westerly of and concentric with said 350.00 foot radius curve. EXCEPTING therefrom that portion lying within Road Survey 1800-1, a plat of which is filed in the Office of the County Engineer of said County. Said deed contains certain limitations upon the use of that portion of the herein described land lying within said easement. Affects Parcel 2. NOTE 1: The basic schedule rate will apply to the premium for the policy of title insurance to be issued. MG:la TYP: .-^ vgb IF: PARCEL 1: That portion of Lot "B" of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 823, filed in the Office of the County Recorder of San Diego County, November 16, 1896, described as follows: COMMENCING at Point 14 of said Lot "B" as designated on said Map No. X 823; thence along the boundary of said Lot "B", South 89°54'00" East, PA -24 23.41 feet to the Northeasterly corner of land described in deed to North County Investments, recorded June 16, 1971 as File No. 12667_3; thence retracing along said boundary North 89°54'00" West, 23.41 feet to said Point 14 of Lot "B"; thence along the boundary of said land of North County Investor's as follows: South 54°15'33" West, 326.48 feet; South 50 55'35" West 1788.65 feet; South 01°28'24" West, 787.30 feet to the True Point of Beginning; thence continuing along said boundary. South 10°46'15" West, 1337.68 feet; thence leaving said boundary. South 79°13'45" East, 703.35 feet; thence North 30°28'48" East, 900.00 feet; thence North 30°31'12" West, 800 feet; thence South 87°45'29" West, 491.59 feet to the TRUE POINT OF BEGINNING. PARCEL 2: A non exclusive easement and right-of-way for road purposes over, under, through and across all that portion of said Lot "B" of Rancho Agua Hedionda lying within a strip of land 48.00 feet wide, the sidelines of said strip lying 24.00 feet on each side of the following described centerline: COMMENCING at the most Southerly corner of that land described in Parcel 1 of deed to Carlsbad Municipal Water District, recorded August 3, 1973 at File/Page No. 73-215694 in the San Diego County Recorder's Office, being also the most Southerly corner of that certain 6.459 Acre parcel shown on Record of Survey Map No. 7845 filed in said Recorder's Office on March 8, 1974; thence along the Southwesterly prolongation of the Southeasterly line of said 6.459 Acre parcel South 51°17'15" West (Record North 51°25'00" East per said R.O.S. 7845) 55.00 feet to a point on the centerline of El Camino Real, Road Survey 1800-1, a plat of which is on file in the Office of the County Engineer of said County; thence along said centerline South 38°42'45" East, (Record Ilorth 33°11'55" West per said R.S. 1800-1) 141.28 feet to Engineer's Station 329+50.00 thereon, said point being the TRUE POINT OF BEGINNING; thence leaving said centerline North 37°51'42" East, 480.00 feet to the beginning of a tangent 350.00 foot radius curve, concave Westerly; thence Northerly along the arc of said curve through a central angle of 81''50'49", a distance of 499.97 feet; thence tangent to said curve. North 43°59'07" West, 172.23 feet to the beginning of a tangent 350.00 Amended foot radius curve concave Easterly; thence Northerly along the arc of 332482-D said curve through a central angle of 54°45'22" a distance of 334.49 Page 1 of 2 feet; thence tangent to said curve North 10°46'15" East, 518.39 feet to a point on the Southeasterly line of Parcel 1 hereinabove described above said point being the Point of Terminus. PARCEL 3 Amended 332482-D 5/6/82 An easement for the right to construct drainage facilities and also to drain any portion of Parcel 1 hereinabove described over said easement, being a portion of Lot "B" of Rancho Agua Hedionda, Map No. 823, filed in the Office of the County Recorder of San Diego County, State of California, on November 16, 1896; said easement being 20.00 feet wide, 10.00 feet on each side of the following described centerline: COMMENCING at Point 14 of said Lot "B" as described on said Map No. 823, thence South 54°15'33" West, a distance of 326.48 feet; thence South 50°55'35" West, a distance of 1788.65 feet; thence South 01''28'24" West, a distance of 787.30 feet, said point also being the Northwesterly corner of said Parcel 1; thence along the Westerly boundary of said Parcel 1; South 10°46'15" West, a distance of 1337.68 feet, said point also being the Southwesterly corner of said Parcel 1; thence along the Southerly boundary of said Parcel 1, South 79°13'45" East, a distance of 703.35 feet, said point being the Southeasterly corner of said Parcel 1; thence along the Southeasterly boundary of said Parcel 1; North 30°28'48" East, a distance of 150.00 feet to the centerline of said drainage easement, said point being the TRUE POINT OF BEGINNING, said point being also on the arc of a 300.00 foot radius curve concave Northeasterly; a radial line to said curve to said point bears North 52''58'48" East; thence Southeasterly along the arc of said curve through a central angle of 34°00'00" a distance of 178.02 feet; thence tangent to said curve South 71°01'12" East, a distance of 375.00 feet to the Point of Terminus. 209-05 r :800' DETAIL A NOT TO SCALE BLK < XD 1 h€Y/Vf CUT I / /7 75 1 cc'l7 / /3 ' 1 'While -this plat ia bell«v«d to be correct, the Company assumes t\c Jlablility for any loss occ- urring by reason of reliance , SAN OIEGO COUNTY ASSESSOR'S HAP BK 209 PG 05 MAPPED FOR ASSESSMENT PURPOSES ONLV ROS 7845 MAP 823 - RHO AGUA HEDIONDA - POR LOT B COUNTY OF SAIM DIEGO CHIEF ADMINISTRATIVE OFFICE 1600 PACIFIC HIGHWAY • SAN DIEGO, CALIFORNIA 92101 TELEPHONE (714) 236-2722 BOARD OF SUPERVISORS TOM HAMIUTON F IRST Dl STRICT PAUU W. FORDEM SECOND DISTRICT ROGER HEDGECOCK THIRD DISTRICT JIM BATES FOURTH DISTRICT PAUU ECKERT FIFTH DISTRICT CLIFFORD W. GRAVES CHIEF ADMINISTRATIVE OFFICER June 9, 1982 Frank Aleshire City Manager City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 Dear Frank: Attached is the F.A.A.'s letter, dated June 2, 1982, approving the sale at McClellan - Palomar Airport to the City of Carlsbad. Please note the requirement for submission of F.A.A. Form 7460-1 prior to construction. I have given a copy of the F.A.A. letter to the escrow holder. I understand the City Council will act during the week of June 14 1982, on a resolution to accept the Grant Deed. I also understand that the transfer of purchase funds into the County's account No. 113898002 (see my letter of June 1, 1982 also attached) will take place June 29, 1982, so we may close escrow on June 30,1982 If my understanding is incorrect please call me at (714) 565-5224. Sincerely, W. DENNIS CARROLL, Assistant Director Sale and Lease Revenue Development Group WDC:kb cc: Lew Farias DE^^TMENT OF TRANSPORTATIC^ FEDERAL AVIATION ADMINISTRATION WESTERN REGION P. O. BOX tX007, WORUDWAY POBTAU CENTCR LOS ANGEUES, CALIFORNIA tOOOt June 2, 1982 Mr, A, C. Waldman. Director Airports Division County of San Diego 1960 Joe Crosson Drive El Cajon, CA 92020 Dear Mr. Waldman: Re: McClellan-Palomar Airport, Carlsbad, CA; Airport Land for Sale to the City of Carlsbad Including Access and Drainage Easements (Your Letter Dated May 6, 1982) We reviewed the proposal of the County of San Diego, California, to sell 26.276 acres of Palomar Airport land and to grant access and drainage easements to the City of Carlsbad for a Public Work Center which will include fire and police stations. Since the proceeds from the sale will be used exclusively for develop- ing, improving, operating and maintaining County of San Diego airports, and the County will retain an avigation easement over the parcel to be sold, we do not object to the sale of Parcel 82-OOOl-A nor the granting of an easement to Parcels 82-OOOl-B and 82-0001-C (See Attachment H) to the City of Carlsbad by the use of the forms furnished by your letter dated May 6, 1982. Any proposed construction within the fee simple and easement areas requires the submission of FAA Form 7460-1, Notice of Proposed Con- struction or Alteration. When the documents are recorded, please fumish this office conformed copies with the recording data placed thereon. Sincerely, HEEMAN C. BLISS Chief, Airports Division Enclosure COUNTY OF SAN DIEGO CHIEF ADMINISTRATIVE OFFICE 1600 PACIFIC HIGHWAY • SAN DIEGO, CALIFORNIA 92101 TELEPHONE (714) 236-2722 BOARD OF SUPEHVlSOHb TOM HAMIUTON FIRST Dl STRICT PAUU W. FORDEM SECOND DISTRICT ROGER HEDGECOCK THIRD DISTHICT JIM BATES FOURTH DISTRICT PAUU ECKERT FIFTH DISTHICT CLIFFORD W. GRAVES CHIEF ADMINISTRATIVE OFFICER June 1, 1982 Frank Aleshire City Manager City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 Dear Frank; Enclosed for your file is a signed copy of the Purchase and Sale Agreement and Escrow Instructions between the City and the County of San Diego. The County's escrow holder is Lew Farias in the Facility and Real Property Division, Department of General Services. His phone number is (714) 565-5197. Please arrange to have the funds transferred from the City's bank by wire. Instruct your bank to transfer the appropriate amount into the County's account No. 113898002 at the First Interstate Bank of California, San Diego Main Office. The contact person is Bonnie Clifford dt (714) 231-2148. Instruct your bank to quote immediate advice to Kay Chandler at the County Treasurers Office. Her phone number is (714) 236-3746. DENNIS CAROLL, Assistant Director Sale and Lease Revenue Development Group DC:kb On May 11, 1982, Board Order No. 49, the Board of Supervisors set the hearing for the sale of Palomar Airport property to the City of Carlsbad, Parcel No. 82-OOOl-A, on May 25, 1982, at 10:00 a.m., and this being the time set for hearing, evidence being on file that due and proper notice has been given as required by law, the matter is now called up, No. 189 COUNTY CONTIIACT NO. 18499R ON MOTION of Supervisor Eckert, seconded by Supervisor Hamilton, the Board of Supervisors closes the hearing on consummation of purchase of real property, Parcel No. 82-OOOl-A, City of Carlsbad, Vendor, total price $2,000,000, being a 26.275 acre portion of Palomar Airport; finds the property no longer required for County use and surplus to County needs; finds sale categorically exempt from the environmental review process; waives Board Policy B-37, Use of Capital Outlay Fund; directs that the $2,000,000 received from the sale be deposited in the Airport Enterprise Fund; approves and authorizes exectuion of the Purchase and Sale Agreement; authorizes and directs the Chief Administrative Officer to take the necessary actions to complete the sale, contingent upon consent to sale by the Federal Aviation Administration. Roll call on the foregoing motion results in the following vote: AYES NOES ABSENT Supervisors Hamilton, Fordem, Bates and Eckert Supervisors None Supervisor Hedgecock No. 190 ON MOTION of Supervisor Eckert, seconded by Supervisor Hamilton, the Board of Supervisors authorizes execution of the Grant Deed for the Palomar Sale, Parcel 82-0001-A,B,C , City of Carlsbad, Vendor. Roll call on the foregoing motion results in the following vote: AYES: Supervisors Hamilton, Fordem, Bates and Eckert NOES: Supervisors None ABSENT: Supervisor Hedgecock STATE OF CALIFORNIA ) County of San Dtego ) s s I, PORTER D. CREMANS, Clerk of the Board of Supervisors of the County of San Diego, State of Ca1iforn!a, hereby certify that I have compared the foregoing copy wfth the original order adopted by said Board at a regular meeting thereof held May 25. 1982 , by the vote therein which original order is now on file In my office; a full, true and correct transcript therefrom and s tate< that the same contains of the whole thereof. day Wi tness o f May. my hand 1982. and the seal of said Board of Supervisors, this 25th PORTER 0. CREMANS Clerkvew the Boar By.' o r Deputy