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Home My WebLink AboutCT 15-08; Grand Pacific Carlsbad, LP; 2016-0051994; Hold Harmless Agreement/ReleaseIt 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 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 Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 2 \IFILES01 VIDepartments\CED\LandDev\PROJECTSICDCT 15\CT 15-08 Carlsbad Ranch Phase 3-Rick\Bonds and Agreements\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE (DWG 428-9H).doc 01/25/13 EXHIBIT A (Continued) GUESTS, VISITORS, AGENTS, EMPLOYEES, STAFF MEMBERS, BUSINESS PATRONS, SERVICE PROVIDERS AND OTHER INVITEES OF THE HOTEL, RESTAURANT, AND CONFERENCE CENTER. PARCEL 4: TWO (2) PERMANENT AND NONEXCLUSIVE EASEMENTS FOR: (J) A PARKING EASEMENT IN, OVER, ACROSS, THROUGH, AND ALONG THE PARKING LOT ON LOT 15 OF CITY OF CARLSBAD TRACT NO. 03-02, CARLSBAD RANCH HOTEL AND TIMESHARE CONDOMINIUMS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO'-'-'-'-'-·'-·-·····'-''-'~-,·"'""'-·'· '·'·""---C--~·····'"''··"'' FILED IN THE OFFICE OF HIE COUNTY RECORDER ON MAY 3, 2006, FOR VEHICLE INGRESS AND EGRESS AND VEHICLE PARKING PURPOSES BY GUESTS, VISITORS, AGENTS, EMPLOYEES, STAFF MEMBERS, BUSINESS PATRONS, SERVICE PROVIDERS AND OTHER INVITEES OF THE HOTEL, RESTAURANT, AND CONFERENCE CENTER; AND {2) A PEDESTRIAN EASEMENT IN, OVER, ACROSS, THROUGH, AND ALONG THE PARKING LOT AND WALKWAY AREAS OF SAID LOT 15 ABOVE FOR PEDESTRIAN INGRESS AND EGRESS TO THE ENTRANCE GATE ("BACKGATE") TO THE LEGOLAND CALIFORNIA THEME PARK BY GUESTS AND VISITORS. PARCELS: TWO (2) PERMANENT AND NONEXCLUSIVE EASEMENTS FOR: (I) A TEMPORARY EASEMENT IN, OVER, ACROSS, THROUGH, AND ALONG LOTS 2, 3, J 1, 12, 13, AND 16 OF CITY OF CARLSBAD TRACT NO. 03-02, CARLSBAD RANCH HOTEL AND TIMESHARE CONDOMINIUMS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO ·""""'-'-·"'---'-.. '~"'-""'·o·'-' ·'-'-'-':.c-" .. ''' .. "-"'·"'' FILED IN THE OFFICE OF THE COUNTY RECORDER ON MAY 3, 2006, IN CONNECTION WITH THE CONSTRUCTION OF THE HOTEL, RESTAURANT, AND CONFERENCE CENTER, FOR THE PURPOSE OF AUTHORIZING INCIDENTAL ENCROACHMENTS WHICH MAY OCCUR AS A RESULT OF THE USE OF LADDERS, SCAFFOLDING, SHEDS AND SIMILAR FACILITIES OR STRUCTURES RESULTING IN TEMPORARY OBSTRUCTIONS UPON PORTrONS OF SAID LOTS 2, 3, II, 12, 13, AND 16 ABOVE, SO LONG AS SUCH USE IS KEPT WITHIN THE REASONABLE REQUIREMENTS OF CONSTRUCTION WORK EXPEDITJOUSL Y PURSUED, AND PROVIDED SUCH TEMPORARY OBSTRUCTIONS ARE PROMPTLY REMOVED FOLLOWING COMPLETION OF SUCH CONSTRUCTION; AND (IJ) AN EASEMENT IN, OVER, UNDER, ACROSS, THROUGH, AND ALONG SAID LOTS 2, 3, 11, 12, 13, IND 16 ABOVE, IN CONNECTION WITH CONSTRUCTION, FOR THE PURPOSE OF AUTHORIZING THE PLACEMENT OF UNDERGROUND PIERS, FOOTINGS AND/OR FOUNDATIONS ACROSS THE BOUNDARY LINE OF SAID LOTS. PARCEL 6: APN 211-131-15 PARCEL C OF THAT CERTAIN CERTIFICATE OF COMPLIANCE (ADJ 12-02-CE 12-06) RECORDED APRIL 2, 2012, AS FILE NUMBER OF OFFICIAL RECORDS OF SAN DIEGO COUNTY. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL OF PARCEL BAS SHOWN ON CERTIFICATE OF COMPLIANCE RECORDED AS DOCUMENT ~J)Jl.0!!7.!48\)~ ON OCTOBER 6, 2006 AND ALL OF LOT 13 OF CARLSBAD TRACT NO. 03-02, RECORDED AS ~1£)1'_,\jQ_cJ.~l:~:? ON MAY 3, 2006 AS FILE NO. __ ;fi!Qi::(lnJJ'fH, ALL RECORDED IN THE OFFICES OF THE COUNTY RECORDER, COlTNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY COR.c~ER OF SAID LOT 13 BEING A POINT ON THE EASTERLY LINE OF LOT 12 OF SAID MAP; THENCE NORTH66°37'55" EAST A DISTANCE OF 203.90 FEET; THENCE NORTH EXHIBIT A (Continued) 47°!5'33" EAST A DISTANCE OF 72.24 FEET TO THE BEGINNING OF A 60.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAJD CURVE THROUGH A CENTRAL ANGLE OF 25°00'29", AN ARC LENGTH OF 26.19 FEET; THENCE NON-TANGENT TO SAID CURVE SOUTH 67°09'52" EAST A DISTANCE OF 86.99 FEET; THENCE SOUTH 43°13'22" EAST A DISTANCE OF 27.56FEET; THENCE NORTH 66°37'55" EAST A DISTANCE OF 23.61 FEET; THENCE SOUTH23°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 OF210.98 FEET; THENCE SOUTH 07°16'25" WEST A DISTANCE OF 295.67 FEET TO THE BEGINNING OF A 249.00 FOOT RADIUS CURVE, CONCAVE 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, CONCAVE NORTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 96°l6W\ 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, CONCAVE 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, CONCAVE 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, CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 06°43'16", AN ARC LENGTH OF 62.52 FEET; THENCE NON- TANGENT TO SAID CURVE NORTH 66"37'55" EAST A DISTANCE OF 15.76 FEET; THENCE SOUTH 63°21'21" EAST A DISTANCE OF 19.87 FEET; THENCE SOUTH 23°22'05" EAST A DJSTANCE OF 32.15 FEET TO THE BEGINNING OF A 447.00 FOOT RADIUS CURVE. CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 33°23'30", AN ARC LENGTH OF 260.51 FEET TO THE BEGINNING OF A 433.00 FOOT RADIUS REVERSE CURVE, CONCAVE SOUTHWESTERLY, A RADIAL TO SAID POINT BEARS NORTH 33°14'25" EAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 31 °30'30", AN ARC LENGTH OF 238.12 FEET TO THE BEGINNING OF A 442.00 FOOT RADIUS REVERSE CURVE, CONCAVE NORTHEASTERLY, A RADIAL TO SAID POINT BEARS SOUTH 64"44'55" WEST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 32°07'38", AN ARC LENGTH OF 247.84 FEET TO THE BEGINNING OF A 323.00 FOOT RADIUS REVERSE CURVE, CONCAVE SOUTHWESTERLY, A RADIAL TO SAID POINT BEARS NORTH 32°37'17" EAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 22°47' 14", AN ARC LENGTH OF 128.46 FEET TO THE POINT OF BEGINNING. PARCEL 8: APN 211-131-14 PARCEL D OF THAT CERTAIN CERTIFICATE OF COMPLIANCE (ADJ ll-04-CE 12-10) RECORDED APRIL 25, 2012, AS FILE NUMBER OF OFFICIAL RECORDS OF SAN DIEGO COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEING PORTIONS OF LOTS 6, 7, SAND 14 AS SHOWN ON MAP NO. FILED IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED MAY 3. 2006 AS FILE NO. )QQ£>:UJII~Q:'1 IN THE OFFICE OF THE EXHJBTT A (Continued) COUNTY RECORDER OF SAID COUNTY, SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST EASTERLY CORNER COMMON TO LOTS 5 AND I 4, AS SHOWN ON SAID MAP NO. THENCE SOl.!TH 66"37'55" \VEST 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, CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 65°31534", AN ARC LENGTH OF 284.77 FEET; THENCE SOUTH 58°15'09" EAST A DISTANCE OF J 19.32 FEET TO THE BEGINNING OF A 175.00 FOOT RADIUS CURVE, CONCAVE 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 BEGil'<"NING OF A 375.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE NOR'rHWESTERL Y 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 5l0 14'51"EAST A DISTANCE OF 18.00 FEET TO A POINT ON A NON- TANGENT, 292.00 FOOT RADIUS CURVE, CONCAVE 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, CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF tW4.3'16", AN ARC LENGTH OF 62.52 FEET TO A POINT HEREINAFTER REFERRED TO AS POTNT "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 TifE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM: COMMENCING AT POTNT "A"; THENCE SOUTH 63°45'06'' 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 SAlD POINT BEARS NORTH 58°48'08" EAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAlD CURVE THROUGH A CENTRAL ANGLE OF 07°13'09", AN ARC LENGTH OF 60.42 FEET: THENCE SOUTH 23°58'43" 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°44'47", AN ARC LENGTH OF 94.95 FEET; THENCE NON- TANGENT TO SAID CURVE SOUTH 49°01'52" WEST A DfSTANCE OF 18.00 FEET TO A POINT ON A NON- TANGENT 363.50 FOOT RADIUS CURVE, CONCAVE 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°39'49", AN ARC LENGTH OF 86.69 FEET; THENCE SOUTH 53°27'0 1" EAST A DISTANCE OF 40.44 FEET TO THE BEGINNING OF A 321.50 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG TlJE 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 11 1.50 FOOT RADIUS CURVE, CONCAVE WESTERLY: THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH. A CENTRAL ANGLE OF 23°39'31", AN ARC LENGTH OF 46.04 FEET; THENCE NON-TANGENT TO SAID CURVE NORTH 84°54' 10" EAST A DISTANCE OF 18.04 FEET TO A POINT ON A NON- 5 orr EXHIBIT A (Continued) TANGENT 129.50 FOOT RADJUS 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°43'19", AN ARC LENGTH OF 40.06 FEET; THENCE NON-TANGENT TO SAJD CURVE NORTH 70"44'06" WEST A DISTANCE OF !8.04 FEET TO A POJNT ON A NON-TANGENT 111.50 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, A RADIAL TO SAID POINT BEARS SOUTH 74°35'3!" EAST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 10°04'22", AN ARC LENGTH OF !9.60 FEET; THENCE SOUTH 25°28'51" WEST A DISTANCE OF 135.59 FEET; THENCE SOUTH 64°31'09" EAST A DISTANCE OF !8.00 FEET; THENCE SOUTH 25°28'51" WEST A DISTANCE OF 25.51 FEET TO THE BEGINNING OF A 114.50 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRr'\L ANGLE OF 23°31'13", AN ARC LENGTH OF47.00 FEET; 1TlENCE NON-TANGENT TO SAID CURVE NORTH 37°.14'35" 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°35' 16", AN ARC LENGTH OF 98.68 FEET; THENCE NON-TANGENT TO SAID CURVE SOUTH 12°25'47" WEST A DISTANCE OF 18.05 FEET TO A POJN'T' 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" 1 5'09" WEST A DJST ANCE OF 28.66 FEET; THENCE NORTH 31 "44'51" EAST A DISTANCE OF 18.00 FEET; THENCE NORTH 58"15'09" WEST A DISTANCE OF 40.50 FEET; THENCE SOUTH 31 0 44'51" WEST A DISTANCE OF 18.00 FEET; THENCE NORTH 58°15'09" WEST A DISTANCE OF 47.40 FEET; THENCE NORTH 32°43'57" EAST A D.! STANCE OF 18.03 FEET TO A POINT ON A NON-TAN GENT 170.50 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY A RADIAL TO SAID POINT BEARS SOUTH 30°42'57" WEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 25°33'15", AN ARC LENGTH OF 76.04 FEET; THENCE NON-TANGENT TO SAID CURVE SOUTH 47"09'27'' 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°39'07" WEST; THENCE NORTHWESTERLY /\LONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 16°!5'48", 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 169.00 FOOT RADrUS CURVE, CONCAVE EASTERLY A RADIAL TO SAID POfNT BEARS SOUTH 71 °39'07" 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°39'00" 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 POJNT BEARS NORTH 84°22'13" WEST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 01°38'38", AN ARC LENGTH OF 5.4.1 FEET; THENCE NORTH 07°16'25" EAST A DISTANCE OF 80.72 FEET; THENCE SOUTH 82°43'35" EAST A DISTANCE OF 19_50 FEET; THENCE NORTH (l7° 16'25" EAST A DISTANCE OF 49.00 FEET; THENCE NORTH 82°43'35" WEST A DISTANCE OF 19.50 FEET; THENCE NORTH 07° 16'25" 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, CONCAVE EASTERLY: TI-IENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 25°08'45", AN ARC LENGTH OF 92.38 FEET: THENCE NON-TANGENT TO SAID CURVE NORTH 59°37'20" WEST A DISTANCE OF 1/S.OI FEET TO A POTNT ON ANON-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, CONCAVE 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 BEGJNNTNG. PARCEL 9: APN 211-130-05; 211-131-02,03,04 LOTS 3, 4, 5, 12 OF CITY OF CARLSBAD TRACT N0.03-02 CARLSBAD R.A.NCH HOTEL AND TIMESHARE CONDOMINIUM. IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO OF CALIFORNIA. ACCORDING TO 0 oF 7- 3, 2006. EXHIBIT A (Continued) FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY