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HomeMy WebLinkAboutCT 15-08; Grand Pacific Carlsbad LP; 2019-0548437; Hold Harmless Agreement/ReleaseI(; f RECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 DOC# 2019-0548437 11111111111111111111111111111111 lllll lllll lllll lllll 111111111111111111 Nov 25, 2019 02:36 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr , SAN DIEGO COUNTY RECORDER FEES $0 00 (S82 Atkins. $0 00) PAGES 10 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 211-131-12-00, 211-131-13-00 PROJECT ID: CT 15-08 ------------PROJECT NAME: Carlsbad Ranch PA5 - Marbrisa (Pool Slide) HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 428-9J) for development to occur on property more particularly described as (see attached, Exhibit "A"), and other good and valuable consideration, receipt of which is hereby acknowledged, 1/(We) Grand Pacific Carlsbad, L.P., a California limited partnership, the owner(s) of said property promise to indemnify and to hold the City of Carlsbad, its officers, agents and employees harmless from liability for injuries to any persons, or damage to or taking of any property including public property, directly or indirectly caused by the geological failure of any nature, type or cause or any subsequent damage that may occur on or adjacent to this subdivision due to its construction, operation or maintenance. Approval of the plans or permits, or inspection of any work done pursuant to those plans or permits by the City shall not constitute an assumption by the City of any responsibility for any damage or taking referenced in this agreement. City shall not be responsible in any manner whatsoever for the design, compaction, construction or maintenance of the slopes, cuts, fills or improvements made or done pursuant to the approved plans, nor shall any officer or employee thereof be liable or responsible for any accident, loss or damage happening or occurring during the construction work or improvements as specified in this agreement. The entire risk of any loss resulting from or caused by any geological failure is assumed by and shall be borne by the owner. It is agreed that the above owners will maintain all slopes and landscaping in a manner to insure slope stability to the satisfaction of the City Engineer. The owners agree to repair any Q ICED\LandDevlPROJECTSICTICT 15\CT 15-08 Carlsbad Ranch Phase 3 -Rick\Bonds and Agreements\B&A Pool side DWG 428-9JIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE doc damage to public improvements caused by any geological failure referred to in this agreement to the satisfaction of the City Engineer. The owners agree to repair or stabilize any slope which the City Engineer determines may fail and cause damage to public improvements. It is further agreed that this agreement shall be binding on all heirs, successors or assigns having an interest in all or any part of the property described herein. Ill /II /II Ill /II /II Ill Ill Ill /II Ill /II /II /II /II Ill Ill /II /II Ill /II Ill 2 Q \CED\LandDev\PROJECTS\CllCT 15\CT 15-08 Carlsbad Ranch Phase 3 · Rick\Bonds and AgreementslB&A Pool side DWG 428-9JIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc IN WITNESS WHEREOF, 1)\0\ day of OCiD\'Jl Y'"' APPROVED AS TO FORM: CELIA BREWER City Attorney sJ(llil ~ II RON KEMP Assistant City Attorney City of Carlsbad the undersigned has executed this instrument this , 20Ji. OWNER(S) Grand Pacific Carlsbad, L.P., a California limited partnership By~-= Timothy J. Stripe -Co-President (print name and title) Date: By: (sign here) (print name and title) Date: (Proper notarial acknowledgment of execution by owner(s) must be attached) (Chairman of the Board, President, or any Vice-President and Secretary, any Assistant Secretary, the Chief Financial Officer, or any Assistant Treasurer must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) 3 Q ICED\LandDev\PROJECTSICnCT 15\CT 15-08 Carlsbad Ranch Phase 3 -R1ck\Bonds and Agreements\B&A Pool side DWG 428-9J\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc PARCEL A: (APN: 211-131-23) "EXHIBIT A" SCHEDULE A LOT 4 AS SHOWN ON MAP NO. 16287, FILED IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED AUGUST 13, 2018 AS INSTRUMENT NO. 2018-7000306 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCELB: (APN: 211-131-12) PARCEL B OF CERTIFICATE OF COMPLIANCE RECORDED APRIL 25, 2012 AS INSTRUMENT NO. 2012-0241015, BEING PORTIONS OF LOTS 7, 8 AND 14 AS SHOWN ON MAP NO. 15332, FILED IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED MAY 3, 2006 AS INSTRUMENT NO. 2006-0311804 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST EASTERLY CORNER COMMON TO LOTS 5 AND 14, AS SHOWN ON SAID MAP NO. 15332; THENCE SOUTH 23°22'05" EAST A DISTANCE OF 76.67 FEET; THENCE SOUTH 66°37'55" WEST A DISTANCE OF 15.76 FEET; THENCE SOUTH 63°45'06" WEST A DISTANCE OF 53.68 FEET TO THE BEGINNING OF A 7.50 FOOT RADIUS COMPOUND CURVE, CONCAVE SOUTHERLY, A RADIAL TO SAID POINT BEARS NORTH 58°48'08" EAST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 98°21'39", AN ARC LENGTH OF 12.88 FEET TO THE BEGINNING OF A 228.50 FOOT RADIUS COMPOUND CURVE, CONCAVE SOUTHEASTERLY, A RADIAL TO SAID POINT BEARS NORTH 39°33'31" WEST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE ,OF 18°10'58", AN ARC LENGTH OF 72.51 FEET; THENCE NON- TANGENT TO SAID CURVE SOUTH 59°37'20" EAST A DISTANCE OF 18.01 FEET TO A POINT ON A NON-TANGENT 210.50 FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 25°08'45", AN ARC LENGTH OF 92.38 FEET; THENCE SOUTH 07°16'25" WEST A DISTANCE OF 105.60 FEET; THENCE NORTH 82°43'35" WEST A DISTANCE OF 18.00 FEET; THENCE SOUTH 07°16'25" WEST A DISTANCE OF 60.36 FEET; THENCE SOUTH 82°43'35" EAST A DISTANCE OF 19.50 FEET; THENCE SOUTH 07°16'25" WEST A DISTANCE OF 13.67 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 82°43'35" EAST A DISTANCE OF 47.25 FEET; THENCE NORTH 16°50'29" EAST A DISTANCE OF 142.21 FEET; THENCE SOUTH 49°37'07" EAST A DISTANCE OF 92.65 FEET; THENCE SOUTH 55°41'29" EAST A DISTANCE OF 31.04 FEET; THENCE SOUTH 46°58'44" EAST A DISTANCE OF 21.48 FEET; THENCE SOUTH 43°55'01" EAST A DISTANCE OF 23.09 FEET; THENCE SOUTH 49°37'07" EAST A DISTANCE OF 66.86 FEET; THENCE SOUTH 25°13'58" EAST A DISTANCE OF 162.00 FEET; THENCE SOUTH 25°28'51" WEST A DISTANCE OF 105.50 FEET; THENCE SOUTH 79°52'53" WEST A DISTANCE OF 138.90 FEET; THENCE NORTH 42°50'33" WEST A DISTANCE OF 182.64 FEET; THENCE SOUTH 81 °48'12" WEST A DISTANCE OF 44.47 FEET TO A POINT ON A NON-TANGENT 169.00 FOOT RADIUS CURVE, CONCAVE EASTERLY, A RADIAL TO SAID POINT BEARS SOUTH 81°48'12" WEST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 14°05'23", AN ARC LENGTH OF 41.56 FEET; THENCE NON-TANGENT TO SAID CURVE NORTH 86°39'02" WEST A Page3 DISTANCE OF 19.52 FEET TO A POINT ON A NON-TANGENT 188.50 FOOT RADIUS CURVE, CONCAVE EASTERLY, A RADIAL TO SAID POINT BEARS NORTH 84°22113" WEST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 01 °38 138", AN ARC LENGTH OF 5.41 FEET; THENCE NORTH 07°13 119" EAST A DISTANCE OF 86.13 FEET; THENCE SOUTH 82°43135" EAST A DISTANCE OF 19.50 FEET; THENCE NORTH 07°16125" EAST A DISTANCE OF 35.33 FEET TO THE TRUE POINT OF BEGINNING. PARCEL C: (APN: 211-131-13) PARCEL C OF CERTIFICATE OF COMPLIANCE RECORDED APRIL 25, 2012 AS INSTRUMENT NO. 2012-0241016, BEING PORTIONS OF LOTS 7, 8 AND 14 AS SHOWN ON MAP NO. 15332, FILED IN THE COUNTY OF SAN DIEGO, ST A TE OF CALIFORNIA, RECORDED MAY 3, 2006 AS INSTRUMENT NO. 2006-0311804 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST EASTERLY CORNER COMMON TO LOTS 5 AND 14, AS SHOWN ON SAID MAP NO. 15332; THENCE SOUTH 23°22105" EAST A DISTANCE OF 76.67 FEET; THENCE SOUTH 66°37155" WEST A DISTANCE OF 15.76 FEET; THENCE SOUTH 63°45106" WEST A DISTANCE OF 53.68 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING ON A NON-TANGENT, 479.50 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, A RADIAL TO SAID POINT BEARS NORTH 58°48108" EAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 07°13109", AN ARC LENGTH OF 60.42 FEET; THENCE SOUTH 23°58143" EAST A DISTANCE OF 25.93 FEET TO THE BEGINNING OF A 345.50 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 15°44147", AN ARC LENGTH OF 94.95 FEET; THENCE NON-TANGENT TO SAID CURVE SOUTH 49°01'52" WEST A DISTANCE OF 18.00 FEET TO A POINT ON A NON-TANGENT 363.50 FOOT RADIUS CURVE, CONCA VE NORTHEASTERLY, A RADIAL TO SAID POINT BEARS SOUTH 50°12'48" WEST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 13°39149", AN ARC LENGTH OF 86.69 FEET; THENCE SOUTH 53°27'01" EAST A DISTANCE OF 40.44 FEET TO THE BEGINNING OF A 321.50 FOOT RADIUS CURVE, CONCA VE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 28°33105", AN ARC LENGTH OF 160.21 FEET; THENCE SOUTH 24°53156" EAST A DISTANCE OF 14.96 FEET TO THE BEGINNING OF A 111.50 FOOT RADIUS CURVE, CONCA VE WESTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 23°39131", AN ARC LENGTH OF 46.04 FEET; THENCE NON-TANGENT TO SAID CURVE NORTH 84°54110" EAST A DISTANCE OF 18.04 FEET TO A POINT ON A NON-TANGENT 129.50 FOOT RADIUS CURVE, CONCAVE WESTERLY, A RADIAL TO SAID POINT BEARS NORTH 88°13123" EAST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 17°43119", AN ARC LENGTH OF 40.06 FEET; THENCE NON-TANGENT TO SAID CURVE NORTH 70°44106" WEST A DISTANCE OF 18.04 FEET TO A POINT ON A NON-TANGENT 111.50 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, A RADIAL TO SAID POINT BEARS SOUTH 74°35'3 l" EAST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 10°04'22", AN ARC LENGTH OF 19.60 FEET; THENCE SOUTH 25°28151" WEST A DISTANCE OF 135.59 FEET; THENCE SOUTH 64°31'09" EAST A DISTANCE OF 18.00 FEET; THENCE SOUTH 25°28'51" WEST A DISTANCE OF 25.51 Page 4 FEET TO THE BEGINNING OF A 114.50 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 23°31 '13", AN ARC LENGTH OF 47.00 FEET; THENCE NON-TANGENT TO SAID CURVE NORTH 37°14'3511 WEST A DISTANCE OF 18.05 FEET TO A POINT ON A NON-TANGENT 96.50 FOOT RADIUS CURVE, CONCAVE NORTHERLY, A RADIAL TO SAID POINT BEARS SOUTH 41°42'02" EAST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 58°3511611 , AN ARC LENGTH OF 98.68 FEET; THENCE NON-TANGENT TO SAID CURVE SOUTH 12°25'4711 WEST A DISTANCE OF 18.05 FEET TO A POINT ON A NON-TANGENT 114.50 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, A RADIAL TO SAID POINT BEARS SOUTH 16°11 107" WEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 15°3314411, AN ARC LENGTH OF 31.10 FEET; THENCE NORTH 58°1510911 WEST A DISTANCE OF 28.66 FEET; THENCE NORTH 31 °44'51 11 EAST A DISTANCE OF 18.00 FEET; THENCE NORTH 58°15109" WEST A DISTANCE OF 40.50 FEET; THENCE SOUTH 31 °44151 11 WEST A DISTANCE OF 18.00 FEET; THENCE NORTH 58°1510911 WEST A DISTANCE OF 47.40 FEET; THENCE NORTH 32°4315711 EAST A DISTANCE OF 18.03 FEET TO A POINT ON A NON-TAN GENT 170.50 FOOT RADIUS CURVE, CONCA VE NORTHEASTERLY A RADIAL TO SAID POINT BEARS SOUTH 30°42'5711 WEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 25°33115", AN ARC LENGTH OF 76.04 FEET; THENCE NON-TANGENT TO SAID CURVE SOUTH 47°09127 11 WEST A DISTANCE OF 10.89 FEET; THENCE SOUTH 53°49141 11 WEST A DISTANCE OF 7.25 FEET TO A POINT ON A NON-TANGENT 188.50 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, A RADIAL TO SAID POINT BEARS SOUTH 55°39'0711 WEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 16°15 148", AN ARC LENGTH OF 53.51 FEET; THENCE NON-TANGENT TO SAID CURVE NORTH 74°11 14411 EAST A DISTANCE OF 19.52 FEET TO A POINT ON A NON-TANGENT 169.00 FOOT RADIUS CURVE, CONCA VE EASTERLY A RADIAL TO SAID POINT BEARS SOUTH 71 °3910711 WEST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 10°09'05", AN ARC LENGTH OF 29.94 FEET; THENCE NORTH 81°4811211 EAST A DISTANCE OF 44.47 FEET; THENCE SOUTH 42°50'33 11 EAST A DISTANCE OF 182.64 FEET; THENCE NORTH 79°52153" EAST A DISTANCE OF 138.90 FEET; THENCE NORTH 25°28151 11 EAST A DISTANCE OF 105.50 FEET; THENCE NORTH 25°13 158" WEST A DISTANCE OF 162.00 FEET; THENCE NORTH 49°37'0711 WEST A DISTANCE OF 66.86 FEET; THENCE NORTH 43°55101" WEST A DISTANCE OF 23.09 FEET; THENCE NORTH 46°5814411 WEST A DISTANCE OF 21.48 FEET; THENCE NORTH 55°41 12911 WEST A DISTANCE OF 31.04 FEET; THENCE NORTH 49°37'0711 WEST A DISTANCE OF 92.65 FEET; THENCE SOUTH 16°50'29" WEST A DISTANCE OF 142.21 FEET; THENCE NORTH 82°43'35" WEST A DISTANCE OF 47.25 FEET; THENCE NORTH 07°16125 11 EAST A DISTANCE OF 13.67 FEET; THENCE NORTH 82°43'35" WEST A DISTANCE OF 19.50FEET; THENCE NORTH 07°16'25" EAST ADISTANCEOF60.36FEET; THENCE SOUTH 82°43'35" EAST A DISTANCE OF 18.00 FEET; THENCE NORTH 07°16125" EAST A DISTANCE OF 105.60 FEET TO THE BEGINNING OF A 210.50 FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 25°0814511, AN ARC LENGTH OF 92.38 FEET; THENCE NON-TANGENT TO SAID CURVE NORTH 59°37120" WEST A DISTANCE OF 18.01 FEET TO A POINT ON A NON-TANGENT 228.50 FOOT RADIUS CURVE, CONCA VE SOUTHEASTERLY, A RADIAL TO SAID POINT BEARS NORTH 57°44'29" WEST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 18°10158", AN ARC LENGTH OF 72.51 FEET TO THE BEGINNING OF A 7.50 FOOT RADIUS COMPOUND CURVE, CONCA VE SOUTHERLY, A RADIAL TO SAID POINT BEARS NORTH 39°33'31" WEST; THENCE EASTERLY ALONG THE ARC OF SAID Page 5 CURVE THROUGH A CENTRAL ANGLE OF 98°21'39", AN ARC LENGTH OF 12.88 FEET TO THE TRUE POINT OF BEGINNING. PARCEL D: APN: 211-131-14 PARCEL D OF CERTIFICATE OF COMPLIANCE RECORDED APRIL 25, 2012 AS INSTRUMENT NO. 2012-0241017, BEING PORTIONS OF LOTS 6, 7, 8 AND 14 AS SHOWN ON MAP NO. 15332, FILED IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED MAY 3, 2006 AS INSTRUMENT NO. 2006-0311804 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST EASTERLY CORNER COMMON TO LOTS 5 AND 14, AS SHOWN ON SAID MAP NO. 15332; THENCE SOUTH 66°37'55" WEST A DISTANCE OF 102.23 FEET; THENCE SOUTH 23°22'05" EAST A DISTANCE OF 17.04 FEET TO A POINT ON A NON-TANGENT, 289.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, A RADIAL TO SAID POINT BEARS NORTH 40°53'56" WEST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 41°49'39", AN ARC LENGTH OF 210.98 FEET; THENCE SOUTH 07°16'25" WEST A DISTANCE OF 295.67 FEET TO THE BEGINNING OF A 249.00 FOOT RADIUS CURVE, CONCA VE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 65°31'34", AN ARC LENGTH OF 284.77 FEET; THENCE SOUTH 58°15'09" EAST A DISTANCE OF 119.32 FEET TO THE BEGINNING OF A 175.00 FOOT RADIUS CURVE, CONCA VE NORTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 96°16'00", AN ARC LENGTH OF 294.03 FEET; THENCE NORTH 25°28'51" EAST A DISTANCE OF 62.31 FEET; THENCE NORTH 64°31'09" WEST A DISTANCE OF 18.50 FEET; THENCE NORTH 25°28'51" EAST A DISTANCE OF 60.03 FEET; THENCE NORTH 64°31'09" WEST A DISTANCE OF 6.50 FEET; THENCE NORTH 25°28'51" EAST A DISTANCE OF 38.77 FEET TO THE BEGINNING OF A 165.00 FOOT RADIUS CURVE, CONCAVE WESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 50°22'47", AN ARC LENGTH OF 145.08 FEET; THENCE NORTH 24°53'56" WEST A DISTANCE OF 14.96 FEET TO THE BEGINNING OF A 375.00 FOOT RADIUS CURVE, CONCA VE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 28°33'05", AN ARC LENGTH OF 186.87 FEET; THENCE NORTH 53°27'01" WEST A DISTANCE OF 40.44 FEET TO THE BEGINNING OF A 310.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 14°19'41", AN ARC LENGTH OF 77.52 FEET; THENCE NON- TANGENT TO SAID CURVE NORTH 51°14'51" EAST A DISTANCE OF 18.00 FEET TO A POINT ON A NON-TANGENT, 292.00 FOOT RADIUS CURVE, CONCA VE NORTHEASTERLY, A RADIAL TO SAID POINT BEARS SOUTH 50°51 '18" WEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 15°09'59", AN ARC LENGTH OF 77.29 FEET; THENCE NORTH 23°58'43" WEST A DISTANCE OF 25.93 FEET TO THE BEGINNING OF A 533.00 FOOT RADIUS CURVE, CONCA VE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 06°43'16", AN ARC LENGTH OF 62.52 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "A"; THENCE NON-TANGENT TO SAID CURVE NORTH 66°37'55" EAST A DISTANCE OF 15.76 FEET; THENCE NORTH 23°22'05" WEST A DISTANCE OF 76.67 FEET TO THE TRUE POINT OF BEGINNING. Page 6 EXCEPTING THEREFROM; COMMENCING AT POINT 11A"; THENCE SOUTH 63°45'0611 WEST A DISTANCE OF 53.68 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING ON ANON-TAN GENT, 479.50 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, A RADIAL TO SAID POINT BEARS NORTH 58°48'08" EAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 0793'0911, AN ARC LENGTH OF 60.42 FEET; THENCE SOUTH 23°58'43 11 EAST ADISTANCEOF25.93 FEETTOTHEBEG~ING OF A 345.50 FOOT RADIUS CURVE, CONCA VE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 15°44'4711, AN ARC LENGTH OF 94.95 FEET; THENCE NON-TANGENT TO SAID CURVE SOUTH 49°01'5211 WEST A DISTANCE OF 18.00 FEET TO A POINT ON A NON- TANGENT 363.50 FOOT RADIUS CURVE, CONCA VE NORTHEASTERLY, A RADIAL TO SAID POINT BEARS SOUTH 50°12'48" WEST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 13°39'4911, AN ARC LENGTH OF 86.69 FEET; THENCE SOUTH 53°27'01 11 EAST A DISTANCE OF 40.44 FEET TO THE BEGINNING OF A 321.50 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 28°33'05", AN ARC LENGTH OF 160.21 FEET; THENCE SOUTH 24°53'56" EAST A DISTANCE OF 14.96 FEET TO THE BEGINNING OF A 111.50 FOOT RADIUS CURVE, CONCA VE WESTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 23°39'31 11, AN ARC LENGTH OF 46.04 FEET; THENCE NON-TANGENT TO SAID CURVE NORTH 84°54'1011 EAST A DISTANCE OF 18.04 FEET TO A POINT ON A NON-TANGENT 129.50 FOOT RADIUS CURVE, CONCAVE WESTERLY, A RADIAL TO SAID POINT BEARS NORTH 88°13'23" EAST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 17°43'1911, AN ARC LENGTH OF 40.06 FEET; THENCE NON-TANGENT TO SAID CURVE NORTH 70°44'06" WEST A DISTANCE OF 18.04 FEET TO A POINT ON A NON-TANGENT 111.50 FOOT RADIUS CURVE, CONCA VE NORTHWESTERLY, A RADIAL TO SAID POINT BEARS SOUTH 74°35'3 l" EAST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 10°04'22", AN ARC LENGTH OF 19.60 FEET; THENCE SOUTH 25°28'51 11 WEST A DISTANCE OF 135.59 FEET; THENCE SOUTH 64°31 '09" EAST A DISTANCE OF 18.00 FEET; THENCE SOUTH 25°28'51" WEST A DISTANCE OF 25.51 FEET TO THE BEGINNING OF A 114.50 FOOT RADIUS CURVE, CONCA VE NORTHWESTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 23°31'13", AN ARC LENGTH OF 47.00 FEET; THENCE NON-TANGENT TO SAID CURVE NORTH 37°14'3511 WEST A DISTANCE OF 18.05 FEET TO A POINT ON A NON-TANGENT 96.50 FOOT RADIUS CURVE, CONCAVE NORTHERLY, A RADIAL TO SAID POINT BEARS SOUTH 41 °42'0211 EAST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 58°35'16", AN ARC LENGTH OF 98.68 FEET; THENCE NON-TANGENT TO SAID CURVE SOUTH 12°25'4711 WEST A DISTANCE OF 18.05 FEET TO A POINT ON A NON-TANGENT 114.50 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, A RADIAL TO SAID POINT BEARS SOUTH 16°11'07" WEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 15°33'44", AN ARC LENGTH OF 31.10 FEET; THENCE NORTH 58°15'0911 WEST A DISTANCE OF 28.66 FEET; THENCE NORTH 31 °44'51 11 EAST A DISTANCE OF 18.00 FEET; THENCE NORTH 58°15'09" WEST A DISTANCE OF 40.50 FEET; THENCE SOUTH 31 °44'51 11 WEST A DISTANCE OF 18.00 FEET; THENCE NORTH 58°15'09" WEST A DISTANCE OF 47.40 FEET; THENCE NORTH 32°43'5711 EAST A DISTANCE OF 18.03 FEET TO A POINT ON A NON-TANGENT 170.50 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY A RADIAL TO SAID POINT BEARS SOUTH 30°42'5711 WEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID Page 7 CURVE THROUGH A CENTRAL ANGLE OF 25°3315", AN ARC LENGTH OF 76.04 FEET; THENCE NON-TANGENT TO SAID CURVE SOUTH 47°09'2711 WEST A DISTANCE OF 10.89 FEET; THENCE SOUTH 53°49'41" WEST A DISTANCE OF 7.25 FEET TO A POINT ON A NON-TANGENT 188.50 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, A RADIAL TO SAID POINT BEARS SOUTH 55°39'0711 WEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 16°15'4811, AN ARC LENGTH OF 53.51 FEET; THENCE NON-TANGENT TO SAID CURVE NORTH 74°11'44" EAST A DISTANCE OF 19.52 FEET TO A POINT ON A NON-TANGENT 162.00 FOOT RADIUS CURVE, CONCA VE EASTERLY A RADIAL TO SAID POINT BEARS SOUTH 71 °39'0711 WEST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 24°14'28", AN ARC LENGTH OF 71.50 FEET; THENCE NON-TANGENT TO SAID CURVE NORTH 86°39'02" WEST A DISTANCE OF 19.52 FEET TO A POINT ON A NON-TANGENT 188.50 FOOT RADIUS CURVE, CONCAVE EASTERLY, A RADIAL TO SAID POINT BEARS NORTH 84°22'1311 WEST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 01 °38'38", AN ARC LENGTH OF 5.41 FEET; THENCE NORTH 07°16'25" EAST A DISTANCE OF 80.72 FEET; THENCE SOUTH 82°43'3511 EAST A DISTANCE OF 19.50 FEET; THENCE NORTH 07°16'2511 EAST A DISTANCE OF 49.00 FEET; THENCE NORTH 82°43'35 11 WEST A DISTANCE OF 19.50 FEET; THENCE NORTH 07°16'2511 EAST A DISTANCE OF 60.36 FEET; THENCE SOUTH 82°43'35" EAST A DISTANCE OF 18.00 FEET; THENCE NORTH 07°16'25" EAST A DISTANCE OF 105.60 FEET TO THE BEGINNING OF A 210.50 FOOT RADIUS CURVE, CONCA VE EASTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 25°08'4511 , AN ARC LENGTH OF 92.38 FEET; THENCE NON-TANGENT TO SAID CURVE NORTH 59°37'2011 WEST A DISTANCE OF 18.01 FEET TO A POINT ON A NON-TANGENT 228.50 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, A RADIAL TO SAID POINT BEARS NORTH 57°44'29" WEST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 18°10'58", AN ARC LENGTH OF 72.51 FEET TO THE BEGINNING OF A 7.50 FOOT RADIUS COMPOUND CURVE, CONCA VE SOUTHERLY, A RADIAL TO SAID POINT BEARS NORTH 39°33'31" WEST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 98°21'39", AN ARC LENGTH OF 12.88 FEET TO THE TRUE POINT OF BEGINNING. Page 8 Acknowledgement A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego On October 2, 2019, before me, Diane Marie Proulx, Notary Public, personally appeared Timothy J. Stripe, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ffe subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacityftcs7, and that by his/her/their signaturef.,} on the instrument the personfsJ, or the entity upon behalf of which the personfsJ acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. (Seal) @ DIANE "'ARIE PROULX • Notary Public -C•llfornia I Sc1n 01e10 County f Commission t 2269153 lli'f Comm. Exoires Dec 1. 2022