HomeMy WebLinkAboutPR 04-81; California, State of Dept of Fish & Game; 2005-0107422; Encroachment Agreementc DOC # 2005-01 07422 I llllllll 111 111ll11111 IIIII 11111 11111 lllllllll1 lllll11111llll1 Ill1 Ill1
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr. Carlsbad, CA. 92008
FEB 08,2005 4:48 PM
OFF1 ClAL RECOR D S SAN GlEGO COIJNTY RECORDER'S OFFICE GREGORY J SMITH COUFITY RECORDER
PAGES FEES 0 00
15
I SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 208 020 44
PROJECT NO. & NAME:
DEPARTMENT OF FISH AND GAME
AGUA HEDIONDA ECOLOGICAL RESERVE
STATE OF CALIF
RIGHT-OF-WAY PERMIT NO.: RW04-309 PR 04-81
ENCROACHMENT AGREEMENT
This ENCROACHMENT AGREEMENT ("Agreement") is entered into between
the CITY OF CARLSBAD ("City") and State of California, Department of Fish and Game, CDFG,
("Owner"), in accordance with Chapter 11 -16 of the Carlsbad Municipal Code.
1. The Property. Owner is the owner of that certain real property located at Aqua
Hedionda Ecological Reserve, within the City of Carlsbad, San Diego County, California,
Assessor's Parcel Number 208-020-44, and more particularly described in Exhibit "A", attached
hereto and incorporate herein by reference.
2. The Easement. City currently owns an existing easement over, under, and
across Owner's property for general utility and access which easement is described in Exhibit
"B" attached hereto and incorporated by reference.
3. The Encroachment. City hereby covenants and agrees and grants its permission
to Owner to allow perimeter fencing for Aqua Hedionda Ecological Reserve to protect biological
resources and to reduce health and safety risks to both CDFG staff and general community to
remain in a portion of the City street and utility easement. A plat showing the location of the
encroachment is attached as Exhibit "C" attached hereto and incorporated by reference. This
Agreement is subject to the following terms and conditions:
(A) The encroachment shall be installed and maintained in a safe and
sanitary condition at the sole cost, risk, and responsibility of the owner
and its successors in interest.
(B) The Owner shall agree at all times to indemnify and hold the City free
and harmless from any and all claims, demands, losses, damages, or
expenses resulting from the construction, maintenance, use, repair or
removal of the structure installed hereunder, including any loss, damage,
or expense arising out of (1) loss or damages to property and (2) injury
to or death of persons.
1
H:/DEVELOPMENT SERVICESIMASTERS'AGREEMENTS. OTHEWENCROACHMENT AGREEMENT REV. 07/1 UZOOZ
(C) The Owner must remove or relocate any part of the encroachment within
ten (10) days or such other time as specified in the notice after receipt of
it from the City Engineer, or the City Engineer may cause such work to
be done and the reasonable cost thereof shall constitute a lien upon the
property.
(D) Whatever rights and obligations were acquired by the City with respect to
the easement shall remain and continue in full force and effect and shall
in no way be affected by City's grant of permission to construct and
maintain the encroachment structure.
4. Entire Agreement. This Agreement constitutes the entire agreement between
the parties with respect to the subject matter hereof and supersedes and replaces all other
agreements, oral or written, between the parties with respect to the subject matter.
5. Notices. Any notice which is required or may be given pursuant to this
Agreement shall be sent in writing by United States mail, first class, postage pre-paid,
registered or certified with return receipt requested , or by other comparable commercial means
and addressed as follows:
If to the City: If to the Owner:
City Engineer
City of Carlsbad
1635 Faraday Avenue
Carlsbad CA 92008
Calif Dept of Fish and Game
Attn Kimberly McKee-Lewis
1580 Cannon Rd
Carlsbad CA 92008
which addresses may be changed from time to time by providing notice to the other party in the
manner described above.
6. Waiver. City's consent to or approval of any act or omission by Owner shall not
constitute a waiver of any other default by Owner and shall not be deemed a waiver or render
unnecessary City's consent for approval to any subsequent act by Owner. Any waiver by City of
any default must be in writing and shall not be a waiver of any other default concerning the
same or any other provision of the Agreement.
7. Successors and Assigns. This Agreement shall be binding and inure to the
benefit of the parties hereto and their respective legal representatives, successors, and
assigns. Owner agrees to incorporate this agreement by reference in any subsequent deeds to
the property, but any failure to do so does not invalidate this provision.
Ill
Ill
2
HYDEVELOPMENT SERVICESIMASTERSIAGREEMENTS. OTHERENCROACHMENT AGREEMENT REV. 07/15/2002
8. Capacity. Each party represents that the person(s) executing this Agreement on
behalf of such party have the authority to execute this Agreement and by such signature(s)
thereby bind such party.
IN WITNESS WHEREOF, this hereto have executed this Agreement on this e dayof f3&h &-
OWNER - STATE OF CALIFORNIA CITY OF CARLSBAD
DEPARTMENT OF FISH AND GAME
Public Works Director
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By:
Deputy City Attorney
3
HYDEVELOPMENT SERVICES/MASTERS/AGREEMENTS, OTHER/ENCROACHMEM AGREEMENT REV. 07/15/2002
State of California )
)
County of San Diego )
On 10- 5- 09 before me, S~~sanJwcki; Nofan! P lLbl ic 1 (Date) (Name, Title of Officer)
personally appeared nn S-ttwmt 1
(Name[s] of Signerts])
wwn to me - OR- (or proved to me on the basis of satisfactory evidence) to be
the person($) whose name(&) is/m subscribed to the within instrument and acknowledged to
me that ,be/she/hy executed the same in kis/her/tM authorized capacity(i& and that by
bislherltbfr signaturep) on the instrument the person@), or entity upon behalf of which the
person(# acted, executed the instrument.
WITNESS my hand and official seal
-
(This area for
official notary seal)
Title or Type of Document Date of Document No. of Pages ..
Signer(s) other than named above
4
H /DEVELOPMENT SERVICES/MASTERS/AGREEMENTS. OTHEWENCROACHMENT AGREEMENT REV. 07/15/2002
..
010486
LEGAL DSSCRIPTION
'PARCEL 'A'
THAT PORTION OF LOT 'I' OF RANCHO HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEFU3OF NO. 823, FILED
IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON NOVEMBER 16,
1896, BEING A PORTION OF THE LAND DESCRIBED IN QUITCULIM DEED TO "KELLY
FAMILY INVESTMENT LIMITED PARTNERSHIP" IN THE CITY OF CARLSBAD, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, FLECORDED SEPTEMBW 27, 1996 As FILE NO.
1996-0490000 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT CORNW NO. 17 OF SAID LOT "I" AS SHOWN ON SAID MAP NO. 823;
THENCE ALONG THE SOUTHERLY LINE OF SAID LOT "I@
1- SOUTH 86°51'11' .EAST
2. NORTH 20O42'29" WEST
3. NORTH 11O22'43" WEST
4- NORTH 12'28'52* EAST
5- NORTH 12O09'07" EAST
6- NORTH 68O19'00" EAST
7. NORTH 64p03'23" WEST
8. NORTH 25*25'07" EAST
1,979.41 FEET;
444.52 FEET;
42.37 FEET;
36.00 FEET;
248.90 FEET;
535.66 FEET
1,948.91 FEET
636.21 FEET
THENCE LEAVING SAID SOUTHERLY
LINE
THENCE
THENCE
THENCE
THENCE
TO A POINT IN THE WESTERLY RIGHT-
OF-WAY OF FUTURE CANNON ROAD, AND
TWE TRUE POINT OF BEGINNING;
THENCE RETRACING THE PREVIOUS SIX
COURSES TO SAID CORNER NO- 17;
THENCE ALONG THE SOUTHWESTERLY
LINE OF SAID LOT 'I'
TO THE SOUTHEASTERLY CORNER OF
THAT CERTAIN PARCEL OF LAND
DESCRIBED AS PARCEL 2 IN DEED TO
CARLSBAD BAY PROPERTIES, RECORDED
DECEJ!lBER 31, 1958 IN BOOK 7424,
PAGE 220 OF OFFICIAL RECORDS;
THENCE ALONG THE SOUTHEASTERLY
LIn OF SAID LAND
TO A POINT DISTANT THEREON 266.44
FEET SOUTHERLY FROM THE NORTHWEST
CORNER OF PARCEL 1 OF DEED
RECORDED SEPTEMBER 27, 1996 AS
'i
EXHIBIT 'A'
9. SOUTH 65*09'04' EAST
10. SOUTHEASTERLY AND
SOUTHERLY
11. SOUTH 05s40'10y WEST
12. SOUTHERLY, EASTERLY,
AND NORTHESTEFtLY
13. NORTH 6gP23'37" EAST
14. NORTH 58*14'06" EAST
15. NORTH 49*19'04" EAST
16. NORTHEASTERLY AND
EASTERLY
17. SOUTH 70943'55" EAST
18. SOU" 60*59'24" EAST
19. SOUTHEASTERLY AND
SOUTHERLY
20. SOUTH ll*18'51" WEST
21. SOUTH 23P39'23" EAST
FILE NO. 1996-0490000 OF OFFICIAL
RECORDS; THENCE LEAVING SAID
SOUTHEASTERLY LINE
7.57 FEET TO THE BEGINNING OF A TANGENT
5-00 FOOT RADIUS CURVE CONCAVE
SOUTHWESTERLY; THENCE ALONG THE
ARC OF SAID CURVE
6.18 FEET THROUGH A CENTRAL ANGLE OF
70*49'14"; THENCE
18.56 FEET TO THE BEGINNING OF A TANGENT
20.00 FOOT RADIUS CURVE CONCAVE
NORTHEASTERLY; THENCE ALONG TKE
ARC OF SAID CWRVJ3
40.59 FEET THROUGH A CENTRAL ANGLE OF
116*16'33"; THENCE
21.86 FEET; THENCE
35.24 FEET; THENCE
77-29 FEET TO THE BEGINNING OF A TANGENT
10.00 FOOT RADIUS CURVE CONCAVE
SOUTHERLY; THENCE ALONG THE ARC
OF SAID CURVE
10.46 FEET THROUGH A CENTRAL AWGLE OF
59 Q 57 01" ; THENCE
38.58 FEET; THENCE
32.80 FEET TO THE BEGINNING OF A TANGENT
10.00 FOOT RADIUS CURVE CONCAVE
SOUTHWESTERLY; 'IXENCE ALONG THE
ARC OF SAID CURVE
12.62 FEET THROUGH A CENTRAL ANGLE OF
72818'15"; THENCE
9.39 FEET; THENCE
6.10 FEET TO THE BEGINNING OF A TANGENT 100.00 FOOT RADIUS CURVE CONCAVE
WESTERLY; THENCE ALONG THE ARC OF
SAID CURVE
tEGJl2Z48~.DX. 9/2Cf 01, DaR EXHIBIT 'A'
LAGOON
..
22. SOUTHERLY
23. SOUTH 18*15'44" WEST
24. SOUTHERLY
25. SOUTH 05°58'26" EAST
26. SOUTHERLY AND
SOUTHEASTERLY
27. SOUTH 72Q44'04n EAST
28. EASTERLY,
NORTHEASTERLY, AND
NORTHERLY
29. NORTH 16Q07'49" EAST
30. NORTHEASTERLY,
EASTERLY, AND
SOUTHEASTERLY
31. SOUTH 5lS34'45" EAST
32. SOUTH 57*19'45" EAST
33. SOUTH 67*49'54" EAST
34. SOUTHEASTERLY AND
SOUTHEmY
73-16 FEET
76.64 FEET
THROUGH A CENTRAL ANGLE OF
41 * 55 ' 07 " ; THENCE
TO THE BEGINNING OF A TANGENT
50.00 FOOT RADIUS CURVE CONCAVE
EASTERLY; THENCE ALONG THE ARC OF
SAID CURVE
21.15 FEET
90.78 FEET
46.61 FEET
80.46 FEET
71.58 FEET
62.66 FEET
39.20 FEET
. 40.33 FEET;
42.26 FEET;
25.29 FEET
22.83 FEET
THROUGH A CENTRAL ANGLE OF
24P14'10"; THENCE
TO THE BEGINNING OF A TANGENT
40.00 FOOT'RADIUS CURVE CONCAVE
NORTHEASTERLY; THENCE ALONG THE
ARC OF SAID CURVE
!
THROUGH A CWRAL ANGLE OF
66945'38"; THENCE
TO THE BEGINNING OF A TANGENT
45-00 FOOT RADIUS CURVE CONCAVE
NORTHWESTERLY; THENCE ALONG THE
ARC OF SAZD CURVE
THROUGH A CENTRAL ANGLE OF
91s08 ' 07" ; THENCE
TO THE BEGINNING OF A TANGENT
20.00 FOOT RADIUS CURVE CONCAVE
SOUTHERLY; THENCE ALONG THE ARC
OF SAID CURVE
THROUGH A CENTRAL ANGLE OF
112*17'26"; T&ENCE
THENCE
THENCE
TO THE BEGINNING OF A TANGENT
15.00 FOOT RADIUS CURVE CONCAVE
SOUTHWESTERLY; THENCE ALONG THE
ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF
87W ' 59" ; THENCE
35, SOUTH 19*23'05" WEST 61.59 FEET TO TKE BEGINNING OF A TANGENT
70.00 FOOT RADIUS CURVE CONCAVE
NORTHEASTERLY; THENCE ALONG THE
ARC OF SAID CURVE
36. SOUTHERLY, 119.22 FEET THROUGH A CENTRAL ANGLE OF
SOUTHEASTERLY, AND 97*34'55'; THENCE
EASTERLY
37. SOUTH 78*11'50" EAST 117.78 FEET TO THE BEGINNING OF A TANGENT'
35.00 FOOT RADIUS CURVE CONCAVE
NORTHWESTERLY; THENCE ALONG THE
ARC OF SAID CURVE
38. EASTERLY, 52.18 FEET THROUGH A CENTRAL ANGLE OF
NORTHEASTERLY, AND 85*25'07"; THENCE
NORTHEXIY
39. NORTH 16023'03" EAST 105.81 FEET TO THE BEGINNING OF A TANGEWT
25.00 FOOT RADIUS CURVE CONCAVE
SOUTHEASTERLY; THENCE ALONG "33
ARC OF SAID CURVE
40. NORTHERLY, 29.72 FEET THROUGH A CENTRAL ANGLE OF
NORTHEASTERLY, AND 68*06'11'; THENCE
EASTERLY
41. NORTH 84229'14" EAST 58.51 FEET; THENCE
42. NORTH 77p00'36" EAST 59.73 FEET TO THE BEGINNING OF A TAJSIGENT
10.00 FOOT RADIUS CURVE CONCAVE
SOUTHWESTERLY; THENCE ALONG TEE
ARC OF SAID CURVE
43. kASTEFUiY, 18.08 FEET THROUGH A CENTRAL ANGLE OF
SOUTHEASTERLY, AND 103*34'19"; THENCE
SOUTHERLY
44. SOUTH 00*34'55" WEST 71.15 FEET TO THE BEGINNING OF A TANGENT
40.00 FOOT RADIUS CURVE CONCAVE
NORTHEASTERLY; THENCE ALONG TEE
ARC OF SAID CURVE
45. SOUTHERLY AND
SOUTHEASTERLY
49.73 FEET THROUGH A CENTRAL ANGLE OF
7ls13'47"; THENCE
46. SOUTH 70938'52'' EAST 31.74 FEET; THENCE
47. SOUTH 85927'26'' EAST 19.53 FEET; THENCE
. ..-.
48. NORTH 88Q59'03" EAST
49. EASTERLY AND
NORTHEASTERLY
50. NORTH 26e32'02* EAST
51. NORTH 39253'36" EAST
52. NORTHEASTERLY
54. NORTHEASTERLY AND
NORTHEXLY
55. SOUTH 82901'56H EAST
56. NORTH 20*31'29" EAST
57. SOUTH 82p01'56" EAST
58. EASTERLY,
NORTHEASTERLY, AND
NORTHERLY
59. NORTH 0clp43'O4'' WEST
'\ i 65.60 FEET TO THE BEGINNING OF A TANGENT
35.00 FOOT RADIUS CURVE CONCAVE
NORTHWESTERLY; THENCE ALONG THE
ARC OF SAID CURVE
38.15 FEET THROUGH A CFNTRAL ANGLE OF
62*27'01"; THENCE
34.26 FEET; THENCE .
190.00 FEET TO THE BEGINNING OF A TANGENT
140.00 FOOT RADIUS CURVE CONCAVE
SOUTHEASTERLY; THENCE ALONG THE
ARC OF SAID CURVE
75.66 FEET THROUGH A CENTRAL ANGU OF
30P57'45'; THENCE
16.00 FEEX TO THE BEGINNING OF A TANGENT
120.00 FOOT RADIUS CURW CONCAVE
NORTHWESTERLY; THENCE ALONG THE
ARC OF SAID CURVE
47.63 FEET THROUGH A CENTRAL ANGLE OF
22944'24"; TKENCE
160.15 FEET; THENCE
122.94 FEET TO THE SOUTHERLY LINE OF AN
INCIDENTIAL PURPOSES PER DOCUMENT
NO. 77-476325 OF OFFICIAL
RECORDS; THENCE ALONG SAID
SOUTHERLY LINE THE FOLLOWING SIX
EASd FOR STREET AND
COURSES I.
84.60 FEET TO THE BEGINNING OF A TANGENT
434.00 FOOT RADIUS CURVE CONCAVE
NORTHWESTERLY; THENCE ALONG THE
ARC OF SAID CURVE -4
777.82 FEET THROUGH A CENTRAL ANGLE OF
102Q41'08"; mENCE
205.52 FEET TO THE BEGINNING OF A TANGENT
766.00 FOOT RADIUS CURVE CONCAVE
EASTERLY; THENCE ALONG THE ARC OF
SAID CURVE
LAGOON
. . 010490
60. NORTHERLY
61. NORTHEASTERLY AND
EA;sTERLY
62. NORTH 78P41'33" EAST
63. SOUTH 1le25'52" EAST
64. SOUTH 75912'59" EAST
65. NORTH 4lS21'54" EAST
66. SOUTH 48*38'06" EAST
67. NORTH 68034'34" EAST
68. NORTH 68Q34'34" EAST
69. SOUTH 23O27'18" EAST
70. SOUTH 42Q38'28n EAST
71. NORTH 86°16'32" EAST
72. SOUTH 43*45'28' EAST
73. NORTH 85°24'27" EAST
74. NOXTH 26*02'43" EAST
75. SOUTH 67p10'00" EAST
76. NORTH 22Q50'00" EAST
209.91 FEET
432.52 FEET
319.97 FEET
66.00 FEET;
414.47 FEET;
604.35 FEET;
151.95. FEET;
369.67 FEET;
870-62 FEET;
12.38 FEET;
239.00 FEET;
42.52 FEET;
7.03 FEET;
409.37 FEET;
1,040-99 FEET
305.02 FEET;
3.66 FEET
EXHIBIT *A'
.. .
5. ..
THROUGH A CENTRAL ANGLE OF
15*42'03" TO THE BEGINNDTG OF A
366.00 FOOT RADIUS COMPOUND CURm
CON'CAVE SOUTHEASTERLY, A RADIAL
LINE TO SAID BEGINNING BEARS
NORTH 79Q01'01' WEST; THENCE
ALONG THE ARC OF SAID CORVE
THROUGH A CENTRAL ANGLE OF
67Q42'34"; THENCE
TO A POINT IN THE NORTHERLY LINE
OF SAID LAND DESCRIBED AS
PARCEL 1 IN RECORDED
SEPTEMBER 27, 1996 AS DOCUMENT
NO. 1996-0490000 OF OFFICIAL
RECORDS; THENCE ALONG SAID
NORTHERLY LINE THE FOLLOWING
12 COURSES
THENCE
THENCE
TWCE
THENCE
THENCE
THENCE
THENCE
THENCE
THENCE
THENCE
THENCE
MORE OR LESS TO THE SOUTHERLY
RIGHT-OF-WAY OF FUTURE EL CAMINO
REAL; THENCE ALONG SAID FUTURE
RIGHT-OF-WAY
THENCE
TO THE BEGINNING OF A NON-TANGENT
6,975.00 FOOT RADIUS CURYJ3
.. '.
...
77. SOUTHEASTERLY
78. SOUTHERLY
79 -
80.
81.
82.
83.
84.
85.
508.95 FEET
39.17 FEET
SOUTH 24*21'07" WEST 79.65 FEET
SOVTHWESTERLY 1,086.19 FEET
SOUTH 70'29'08" WEST 569.86 FEET
SOUTHWESTERLY 856.61 FEET
SOUTH 45P19'45" WEST 492.73 FEET
SOUmESTERLY 852.72 FEET
SOUTH OOQ57'13" WEST 222.80 FEET
CONTAINING 196.09 ACRES MORE OR LESS.
\ CONCAVE NORTHEASTERLY, A RADIAL 'j
LINE FROM SAID POINT BEARS NORTH
29Q09'12" EAST; THENCE ALONG THE
ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF
04Q10'51" TO A POINT OF REVERSE
CURVATURE WITH A 25.00 FOOT
RADIUS CURVE CONCAVE WESTERLY;
THENCE ALONG THE ARC OF SAID
CURVE
THROUGH A CENTRAL ANGLE OF
89*45'37" TO A POINT WHICH LIES
ON THE WESTERLY LINE OF CANNON
ROAD AS DEDICATED PER MAP
NO. 13715, RECORDED IN THE OFFICE
OF THE COUNTY RECORDER
DECEMBER 31, 1998 AS FILE
OFFICIAL NO. 1998-863974,
RECORDS; THENCE ALONG SAID
WESTERLY LINE
TO THE BEGINNING OF A TANGENT
1,349.00 FOOT RADIUS CURVE
CONCAVE NORTJ3WESTERLY; THENCE
ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF
46908'01"; THENCE
TO THE BEGINNING OF A TANGENT
CONCAVE SOUTHEASTERLY; THENCE
ALONG THE ARC OF SAID CURVE
1,951.00 FOOT RADIUS CURVE
THROUGH A CENTRAL ANGLE OF
25*09'23"; THENCE
TO THE BEGINNING OF A TANGENT
1,101.00 FOOT RADIUS CURVE
CONCAVE EASTERLY; THENCE ALONG
THE ARC OF 'SAID CURVE
THROUGH A CENTRAL ANGLE OF
44Q22'32"; T"CE
TO THE TRUE POINT OF BEGINNING.
/'
RESERVING TKEREFROM SAID PARCEL 'A', A .15.00 FOOT WIDE EASEMENT TO
CONSTRUCT, RECONSTRUCTr MAINTAIN,' OPERATE, AM3 REPAIR EARTH EMBANKMENT
AND ACROSS ALL THAT PORTION OF PARCEL 'A', DESCRIBED ABOVE, LYING SOUTRERLY
AND EASTERLY OF AND CONTIGUOUS TO COURSES 57 THROUGH 67 OF SAID PARCEL 'A'
DESCRIBED ABOVE.
THE SIDELINES OF SAID 15.00 FOOT WIDE EASEMENT SHALL BE LENGTHENED OR
SHORTENED TO TERMINATE WESTERLY IN COURSE NO. 56 OF SAID PARCEL 'A' AND
EASTERLY IN COURSE NO. 63 OF SAID PARCEL 'A'.
SLOPES, TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS OVER, UNDER, ALONG,
ALSO RESERVING THEREFROM SAID PARCEL 'Art A 20.00 FOOT WIDE EASEMENT FOR
CONSTRUCTION PURPOSES LYING SOUTHERLY OF AND CONTIGUOUS TO THE SOUTHERLY
AND EASTERLY LINE OF THE AEKlVE DESCRIBED 15.00 FOOT WIDE EASEMENT AND
SOUTHERLY AND COWIGUOUS TO COURSES 55 AND 56 OF SAID PARCEL 'A' DESCRIBED
ABOVE,
THE SIDELINeS OF SAID 20-00 FOOT WIDE CONSTRUCTION EASEMENT SHALL BE
LENGTHENED OR SHORTENED TO TERMINATE WESTERLY IN COURSE NO. 54 OF SAID
PARCEL 'A' AND EASTERLY IN COURSE NO. 63 OF SAID PARCEL 'AJ.
ALSO RESERVING THEREFROM SAID PARCEL 'A', AN EASEMENT FOR CONSTRUCTION
PURPOSES LYING NORTHBRLY OF THE FOLLOWING DESCRIBED LINE:
BEGINNIXG AT THE SOUTHERLY TERMINUS OF COURSE NO. 73 OF SAID PARCEL 'A';
THENCE NORTH 26'02'43" EAST 940.83 FEET TO THE TRUE POINT OF BEGIXNING;
THENCE SOUTH 67P10'00" EAST 339.17 FEET TO THE BEGINNING OF A NON-TANGENT
7,075-00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, A RADIAL LINE FROM SAID
POINT BEARS NORTH 28949'52" EAST; THEEJCE ALONG THE ARC OF SAID CrmVE
SOUTHEASTERLY 501.79 FEET TO A POINT OF TERMINUS WHICH LIES ON THE WESTERLY
LINE OF SAID CANNON ROAD, SAID POINT LIES NORTH 24p21'07' EAST 4.61 FEET
FROM 'THE SOUTHERLY TERMINUS OF COURSE NO - 78 OF SAID PARCEL A.
ALSO RESERVING THEREFROM SAID PARCEL 'A' THE RIGHT TO BIOLOGICALLY ENHANCE
PORTIONS OF SAID PROPERTY.
ALSO RESERVING THEREFROM SAID PARCEL 'A' ,AN EAsEMEXT AND RIGHT-OF-WAY FOR
ACCESS TO CONSTRUCT, RECONSTRUCT, MAINTAIN, OPERATE, AND REPAIR DRAINAGE
FACILITIES INCLUDING ANY OR ALL APPURTENANCES THERETO.
ALSO RESERVING THEREFROM SAID PARCEL 'A' THE RIGHT TO DEDICATE ADDITIONAL
RIGHT-OF-WAY FOR EL CAMIN0 REAL. *@L& S. PLUMMER DATE
LS 6641
EXPIRATION DATE 12/31/03
..
EXHIBIT “B”
A general utility sidewalk and landscape easement granted to the City of
Carlsbad, as shown on Map number 13715, in the City of Carlsbad, County of
San Diego, State of California, filed in the Office of the County recorder of San
Diego County, as file no. 1998-863974, on December 31, 1998.
LOCATION MAP
LEGEND - ENCROACHMENT
lrrrmrnlnrrmrl INTERMITTANT ENCROACHMENT (DUE TO IRREGULAR SLOPE)
PROJECT NAME ENCROACHMENT FOR
r PROJECT EXHIBIT NUMBER
PR04-8 I C AGUA HEDIONDA ECOLOGICAL RESERVE PERIMETER FENCING - APN 208-020-44