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HomeMy WebLinkAboutCT 90-13; Athalon Property Services Group Inc; 1997-0285354; Public Facilities Fee Agreement/Release1 ‘. . l . . .. . -0FFICIIIL RECORDS SAN DIE60 COUNTY RECORDER’S OFFICE GREGORY StUTH 3 ;;;iTY RECORDER : 0.00 RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: 1 1 City Clerk ) CITY OF CARLSBAD ) 1200 Carlsbad Village Drive Carlsbad, California 92008-1989 f62 Space above this line for Recorder’s use pace1 No. 206-@W *06,O~,O~tO9,I 0 &I 0 43 AGREEMENT BETWEEN OWNER, DEVELOPER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE FOR OUTSIDE THE BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 1 THIS AGREEMENT is entered into this 7th day of March .19 g7 -7 by and between (name of developer) Athalon Property Services Group, Inc. a (corporation, partnership, etc.) Corporation , hereinafter referred to as “Developer” whose address is (street, city, state, zip code) 9227 Haven Avenue, Suite 8290 Ranch0 Cucamonga, CA 9 17 3 Qlnd (name of legal owner) General Securities Corporation a (individual, corporation, etc.) Corporation , hereinafter referred to as “Owner” whose address is (street, city, state, zip code) P.O. Box #12, Carlsbad, CA 92018 AND the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as “City”, whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008-1989. Form Approved By City Council July 2, 1991 Resolution No. 91- 194KJH 1 Form 18 Per Jane Mobaldi, Rev. 01/l l/96 w cf 40-13 , .* . . * - RECITALS WHEREAS, Owner is the owner of the real property described on Exhibit “A”, attached hereto and made a part of this agreement, hereinafter referred to as “Property”; and WHEREAS, the Property lies within the boundaries of City; and WHEREAS, Developer has contracted with Owner to purchase the property and proposes a developmentprojectasfollows: a 39 Lot Subdivision for 35 Single Family Lots on said Property, which development carries the proposed name of Ranch0 Real and is hereafter referred to as “Development”; and WHEREAS, Developer filed on the 12th day of March J 1997,withthe City a request for . extension of Tentative Man go-13 -hereinafter referred to as “Request”; and WHEREAS, the Public Facilities Element of the City General Plan requires that the City Council find that all public facilities necessary to serve a development will be available concurrent with need or such development shall not be approved (said element is on file with the City Clerk and is incorporated by this reference); and WHEREAS, Developer and City recognize the correctness of Council Policy No. 17, dated July 2, 1991, on file with the City Clerk and incorporated by this reference, and that the City’s public facilities and services are at capacity and will not be available to accommodate the additional need for public facilities and services resulting from the proposed Development; and WHEREAS, Developer and Owner have asked the City to find that public facilities and services will be available to meet the future needs of the Development as it is presently proposed; but the Developer is aware that the City cannot and will not be able to make any such finding without financial assistance to pay for such services and facilities; and therefore, Developer and Owner propose to help satisfy the General Plan as implemented by Council Policy No. 17 by payment of a public facilities fee. Form Approved By City Council July 2, 1991 2 Form I8 Resolution No. 9 l-1 94KJH Per Jane Mobaldi, Rev. 01/l l/96 NOW, THEREFORE, in consideration of the recitals and the covenants contained herein, the parties agree as follows: 1. The Developer and Owner shall pay to the City a public facilities fee in an amount not to exceed 3.5% of the building permit valuation of the building or structures to be constructed in the Development pursuant to the Request. The fee shall be paid prior to the issuance of building or other construction permits for the development and shall be based on the valuation at that time. This fee shall be in addition to any fees, dedications or improvements required pursuant to Titles 18, 20 or 2 1 of the Carlsbad Municipal Code. Developer and Owner shall pay a fee for conversion of existing building or structures into condominiums in an amount not to exceed 3.5% of the building permit valuation at the time of conversion. The fee for a condominium conversion shall be paid prior to the issuance of a condominium conversion permit as provided in Chapter 21.47 of the Carlsbad Municipal Code. Condominium shall include community apartment or stock cooperative. The terms “other construction permits”, “other construction permit” and “entitlement for use” as used in this agreement, except in reference to mobilehome sites or projects, shall not refer to grading permits or other permits for the construction of underground or street improvements unless no other permit is necessary prior to the use or occupancy for which the development is intended. Developer and Owner shall pay the City a public facilities fee in the sum of $1,150 for each mobilehome space to be constructed pursuant to the Request. The fee shall be paid prior to the issuance of building or other construction permits for the development. This fee shall be in addition to any fees, dedications or improvements required according to Titles 18,20 or 21 of the Carlsbad Municipal Code. 2. The Developer and Owner may offer to donate a site or sites for public facilities in lieu of all or part of the financial obligation agreed upon in Paragraph 1 above. If Developer and Owner offer to donate a site or sites for public facilities, the City shall consider, but is not obligated to accept the offer. The time for donation and amount of credit against the fee shall be determined by City prior to the issuance of any building or other permits. Such determination, when made, shall become a part of this agreement. Sites donated under this paragraph shall not include improvements required pursuant to Form Approved By City Council July 2, 199 1 3 Form 18 Resolution No. 91-194KJH Per Jane Mobaldi, Rev. 01/l l/96 l . . ‘_ - 145 Titles 18 or 20 of the Carlsbad Municipal Code. 3. This agreement and the fee paid pursuant hereto are required to ensure the consistency of the Development with the City’s General Plan. If the fee is not paid as provided herein, the city will not have the funds to provide public facilities and services, and the development will not be consistent with the General Plan and any approval or permit for the Development shall be void. No building or other construction permit or entitlement for use shall be issued until the public facilities fee required by this agreement is paid. 4. City agrees to deposit the fees paid pursuant to this agreement in a public facilities fund for the financing of public facilities when the City Council determines the need exists to provide the facilities and suffkient funds from the payment of this and similar public facilities fees are available. 5. City agrees to provide upon request reasonable assurances to enable Developer to comply with any requirements of other public agencies as evidence of adequate public facilities and services sufftcient to accommodate the needs of the Development herein described. 6. All obligations hereunder shall terminate in the event the Request made by Developer is not approved. 7. Any notice from one party to the other shall be in writing, and shall be dated and signed by the party giving such notice or by a duly author&d representative of such party. Any such notice shall not be effective for any purpose whatsoever unless served in one of the following manners: 7.1 If notice is given to the City of personal delivery thereof to the City or by depositing same in the United States Mail, addressed to the City at the address set forth herein, enclosed in a sealed envelope, addressed to the City for attention of the City Manager, postage prepaid and certified. 7.2 If notice is given to Developer by personal delivery thereof to Developer or by depositing the same in the United States Mail, enclosed in a sealed envelope, addressed to Developer at the address as many have been designated, postage prepaid and certified. Form Approved By City Council July 2,199l Resolution No. 91-194/KJH 4 Fonn 18 Per Jane Mobaldi, Rev. 01/l l/96 146 8. This agreement shall be binding upon and shall inure to the benefit of, and shall apply to, the respective successors and assigns of Developer, Owner and City, and references to Developer, Owner or City herein shall be deemed to be a reference to and include their respective successors and assigns without specific mention of such successors and assigns. If Developer should cease to have any interest in the Property, all obligations of Developer hereunder shall terminate; provided, however, that any successor to Developer’s interest in the property shall have first assumed in writing the Developer’s obligations hereunder. At such time as Owner ceases to have any interest in the Property, all obligations of Owner hereunder shall terminate; provided, however, that if any successor to the Owner’s interest in the Property is a stranger to this agreement, such successor has first assumed the obligations of Owner in writing in a form acceptable to City. 9. This agreement shall be recorded but shall not create a lien or security interest in the Property. When the obligations of this agreement have been satisfied, City shall record a release. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Form Approved By City Council July 2, 1991 Resolution No. 9 I- 194KJH Form 18 Per Jane Mobaldi, Rev. 01/l l/96 ’ /4 - ? ’ 141 . I , ‘. IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. OWNER: General Securities Corp. oak MT7-Darr-* Donald D. Hensel (print name) (print name) ?-v $g-- DEVELOPER: ATWON PROPERTY SERVICES GROUP, INC. Charles J. McLaughlin (print name) President Charles J. McLaughlin (print name) Corporate Secretary (title and organization of signatory) CITY OF CARLSBAD, a municipal corporation ATTEST: ALETHA L. RAU 1 APPROVED AS TO FORM: RONALD R. BALL, City Attorney By: c (Notarial acknowledgment of execution of DEVELOPER and OWNER must be attached). (President or vice president AND secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation) Form Approved By City Council July 2,199l Resolution No. 91-194iKJI-l Form 18 Per Jane Mobaldi, Rev. 01/l l/96 h - . ‘. CiALlFORNlA ALL-PURPOSE ACKNOWLEDGMENT 148 State of California 1 County of -0 On March 11, 1997 beforeme, Margie R. Morris, Notarv P&lic Date Name and Title of Officer (e.g., “Jane Doe, Notary Public”) personally appeared Donald D. Hensel and James B. Panther Name(s) of Signer(s) Kl personally known to me - OR - q proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) dare subscribed to the within instrument and acknowledged to me that &iMu&they executed the same inM&tx&their authorized capacity(ies), and that by MNIGERW -their signature(s) on the instrument the person(s), cummml IWISP) or the entity upon behalf of which the person(s) acted, executed the instrument. OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: \ of &~-1,$&l for t)lp PayrrPntofaRUicFbcilitiesFee Document Date: &&I 7. 1997 Number of Pages: Six Signer(s) Other Than Named Above: ti Capacity(ies) Claimed by Signer(s) Signer’s Name: J&&I D. &eel Signer’s Name: atk III Individual q Corporate Officer Title(s): 0 Partner - 0 Limited 0 General 0 Attorney-in-Fact 0 Trustee 0 Guardian or Conservator Q Other: &Z Signer Is Representing: 0 Individual 0 Corporate Officer Title(s): 0 Partner - 0 Limited 0 General E Attorney-in-Fact 0 Trustee 0 Guardian or Conservator C4 Other: m Signer Is Representing: I I i-.-l L-l 0 1995 National Notary Association * 6236 Remmet Ave., P.O. Box 7164 l Canoga Park, CA 91309.7164 Prod. No. 5907 Reorder: Call Toll-Free 1-600-676-6627 - - CALIFOR~UA ALL-PURPOSE ACKNOWLEDGMENT ico No. 5907 State of CA $0 -u\ 4 County of% LIl&LK MR&, US On 3-11-47 t-22Pcm h b=miuLs&\ Iq-. DATE tJh NAME, TITLE OF OFFICER - E.G., ‘JANE DOE, NOTARY Pd.IC” personally appeared w&s x . w&ALL~U I u , NAME(S) OF SIGNER(S) 0 personally known to me - OR - proved to me on the basis of satisfactory evidence to be the person$sJ whose name’@) is/ac;e subscribed to the within instrument and ac- knowledged to me that hel&4@they executed the same in hishr/twr authorized capacitym, and that by his/?lq/tw signaturew on the instrument the persow, or the entity upon behalf of which the perso&), acted, executed the instrument. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT 0 INDIVIDUAL 17 CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) 0 PARTNER(S) 0 LIMITED 0 GENERAL 0 A-ITORNEY-IN-FACT NUMBER OF PAGES q TRUSTEE(S) 0 GUARDIAN/CONSERVATOR 0 OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION l 8236 Remmet Ave., P.O. Box 7184 l Canoga Park, GA 91309-7184 C EXHIBIT “A” RANCH0 REAL LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: THAT PORTION OF LOT “I” OF RANCH0 AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARTITION MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16,1896, LYING WITHIN THE FOLLOWING DESCRIBED PARCEL OF LAND: BEGINNING AT CORNER NO. 2 OF SAID LOT “I”; THENCE ALONG THE NORTHERLY PROLONGATION OF THE EASTERLY LINE THEREOF; NORTH 02” 29’ 40” WEST, RECORD NORTH 3” WEST 21.84 FEET TO THE CENTER LINE OF ROAD SURVEY NO. 682, DESCRIBED IN EASEMENT DEED TO THE COUNTY OF SAN DIEGO, RECORDED IN BOOK 53 1, PAGE 230 OF OFFICIAL RECORDS, BEING ALSO THE SOUTHEASTERLY CORNER OF LAND DESCRIBED IN QUITCLAIM DEED TO HORACE H. KELLY, RECORDED JANUARY 22,195l AS FILE NO. 9613 IN BOOK 3942, PAGE 34 OF OFFICIAL RECORDS; THENCE ALONG THE SOUTHERLY LINE OF SAID LAND IN THE CENTER LINE OF SAID COUNTY ROAD AS FOLLOWS: NORTH 67”lO’ 00” WEST 897.21 FEET AND NORTH 64” 35’ 00” WEST 70 1.22 FEET TO A TANGENT 1000 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE WESTERLY ALONG SAID CURVE, 3 19.27 FEET, THROUGH AN ANGLE OF 18” 17’ 34”; THENCE LEAVING SAID CENTER LINE SOUTH 03” 18’ 40” EAST 355.96 FEET TO THE NORTHERLY LINE OF LAND DESCRIBED IN DEED TO J. BLAIR PACE, ET AL, RECORDED JULY 17,1957 AS FILE NO. 106397, IN BOOK 667 PAGE 64 OF OFFICIAL RECORDS, BEING THE TRUE POINT OF BEGINNING; THENCE NORTH 84” 48’ 00” WEST 90.00 FEET; THENCE SOUTH 5” 39’ 40” WEST 487.87 FEET; THENCE NORTH 86” 22’ 33” EAST 334.12 FEET TO POINT “A”; THENCE SOUTH 3” 02’ 12” EAST, 310.53 FEET; THENCE SOUTH 80 ‘51’ 19” WEST 165.48 FEET; THENCE SOUTH 16” 21’ 29” WEST 238.00 FEET; THENCE SOUTH 44” 27’ 10” EAST, 15.20 FEET; THENCE NORTH 84” 42’ 10” EAST, 409.59 FEET; THENCE NORTH 25” 29’ 30” EAST 1088.70 FEET TO THE CENTER LINE OF SAID COUNTY ROAD, SAID POINT BEING THE MOST EASTERLY CORNER OF LAND DESCRIBED IN DEED TO J. BLAIR PACE, ET UX, RECORDED DECEMBER 24, 1958 AS FILE NO. 216747 OF OFFICIAL RECORDS; THENCE ALONG SAID CENTER LINE, NORTH 64” 35’ 00” WEST 189.21 FEET; THENCE LEAVING SAID CENTER LINE, SOUTH 21” 54’ 00” WEST, 148.31 FEET TO A TANGENT 150.00 FEET RADIUS CURVE, CONCAVE NORTHERLY; THENCE WESTERLY ALONG SAID CURVE, 227.15 FEET, THROUGH AN ANGLE OF 86’ 46’ 00” TO POINT B; THENCE TANGENT TO SAID CURVE, NORTH 71 O 20’ WEST 480.66 FEET TO THE TRUE POINT OF BEGINNING. . .I . 151 PARCEL 2: THAT PORTION OF LOT “I” OF THE RANCH0 AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARTITION MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16,1896, LYING WITHIN THE FOLLOWING DESCRIBED PARCEL OF LAND: BEGINNING AT CORNER NO. 2 OF SAID LOT “I”; THENCE ALONG THE NORTHERLY PROLONGATION OF THAT PORTION OF THE EASTERLY LINE OF SAID LOT “I” BETWEEN CORNERS 1 AND 2 OF SAID LOT, NORTH 02” 29’ 49” WEST - RECORD NORTH 3” WEST - 21.84 FEET TO AN INTERSECTION WITH THE CENTER LINE OF COUNTY ROAD SURVEY NO. 682, AS THE SAME IS DESCRIBED IN EASEMENT DEED TO THE COUNTY OF SAN DIEGO, DATED MAY 27, 1936 AND RECORDED IN BOOK 531, PAGE 230 OF OFFICIAL RECORDS OF SAID SAN DIEGO COUNTY, SAID POINT OF INTERSECTION BEING ALSO THE SOUTHWESTERLY CORNER OF THAT PARCEL OF LAND DESCRIBED IN QUITCLAIM DEED TO HORACE H. KELLY, RECORDED JANUARY 22, 1951 IN BOOK 3942, PAGE 34 OF OFFICIAL RECORDS; THENCE ALONG THE SOUTHERLY LINE OF SAID KELLY LAND AS FOLLOWS: ALONG THE SAID CENTER LINE OF COUNTY ROAD, NORTH 47” 10’ 00” WEST 897.21 FEET TO AN ANGLE POINT IN SAID ROAD; THENCE CONTINUING ALONG SAID CENTER LINE OF COUNTY ROAD NORTH 64” 35’ 00” WEST 701.22 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF l,OOO.OO FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 18” 17’ 34” FOR AN ARC LENGTH OF 319.27 FEET; THENCE LEAVING SAID COUNTY ROAD, SOUTH 3” 18’ 40” EAST 355.96 FEET TO AN ANGLE POINT ON THE WESTERLY AND NORTHERLY LINE OF THAT LAND DESCRIBED IN DEED TO J. BLAIR PACE AND WIFE, RECORDED DECEMBER 24,1958 AS FILE NO. 216747 IN BOOK 7413, PAGE 212 OF OFFICIAL RECORDS; THENCE NORTH 84” 48’ 00” WEST 90.00 FEET; THENCE SOUTH 5” 39’ 40” WEST 487.87 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 86” 22’ 33” EAST 334.12 FEET; THENCE SOUTH 3” 02’ 12” EAST 310.53 FEET; THENCE SOUTH 80” 51’ 19” WEST 165.48 FEET; THENCE SOUTH 16” 21’ 39” WEST 238.00 FEET TO A POINT ON THE SOUTHWESTERLY LINE OF SAID PACE LAND; THENCE ALONG THE SOUTHWESTERLY AND WESTERLY LINES OF SAID PACE LAND NORTH 44” 27’ 09” WEST 224.84 FEET; THENCE NORTH 5” 39’ 40” EAST 385.01 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 3: THAT PORTION OF LOT “I” OF RANCH0 AGUA HEDIONDA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARTITION MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16,1896, LYING WITHIN THE FOLLOWING DESCRIBED PARCEL OF LAND: BEGINNING AT CORNER NO. 2 OF SAID LOT “I”; THENCE ALONG THE NORTHERLY PROLONGATION OF THAT PORTION OF THE EASTERLY LINE OF SAID LOT “I” BETWEEN /- . 152 CORNERS NO. 1 AND 2 OF SAID LOT, NORTH 02” 29’ 40” WEST (RECORD NORTH 03” 00’ 00” WEST) 21.54 FEET TO AN INTERSECTION WITH THE CENTER LINE OF COUNTY ROAD SURVEY NO. 682 AS THE SAME IS DESCRIBED IN EASEMENT DEED TO THE COUNTY OF SAN DIEGO, DATED MAY 27, 1936 AND RECORDED IN BOOK 53 1, PAGE 230 OF OFFICIAL RECORDS OF SAID COUNTY; SAID POINT OF INTERSECTION BEING ALSO THE SOUTHEASTERLY CORNER OF THAT PARCEL OF LAND DESCRIBED IN QUITCLAIM DEED TO HORACE H. KELLY, RECORDED JANUARY 22, 195 1 AS FILE NO. 9613 IN BOOK 3942, PAGE 34 OF OFFICIAL RECORDS; THENCE ALONG THE SOUTHERLY LINE OF SAID KELLY LAND AS FOLLOWS: ALONG SAID CENTER LINE OF ROAD, NORTH 67” 10’ 00” WEST 897.21 FEET; NORTH 64” 35’ 00” WEST 701.35 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF l,OOO.OO FEET; NORTHWESTERLY ALONG THE ARC OF SAID CURVE 29.00 FEET; THENCE LEAVING SAID CENTER LINE NORTH 74’ 11’ 00” WEST A CHORD DISTANCE OF 262.47 FEET TO A POINT ON THE ARC OF SAID CURVE; THENCE SOUTH 02” 36’ 15” EAST 553.64 FEET; THENCE NORTH 08” 59’ 15” WEST 90.00 FEET TO AN ANGLE POINT IN THE EASTERLY BOUNDARY OF THE LAND DESCRIBED IN DEED TO J. BLAIR PACE, ET UX, RECORDED JULY 17, 1957 AS DOCUMENT NO. 106397 OF OFFICIAL RECORDS BEING THE TRUE POINT OF BEGINNING; THENCE ALONG SAID BOUNDARY SOUTH 10” 00’ 00” WEST 870.00 FEET, SOUTH 43” 10’ 00” EAST 239.00 FEET; AND NORTH 85” 45’ 00” EAST TO AN INTERSECTION WITH THE SOUTHEASTERLY BOUNDARY OF THE LAND DESCRIBED IN DEED TO J. BLAIR PACE, ET UX, RECORDED DECEMBER 24, 1958 AS FILE NO. 216747 OF OFFICIAL RECORDS; THENCE ALONG THE SOUTHWESTERLY AND WESTERLY BOUNDARY OF LAST SAID LAND NORTH 44” 27’ 10” WEST TO AN ANGLE POINT AND NORTH 05” 39’ 40” EAST TO THE NORTHERLY LINE OF FIRST SAID PACE LAND; THENCE ALONG SAID NORTHERLY LINE NORTH 88” 59’ 15” WEST TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION LYING WITHIN PARCELS 1 AND 2 ABOVE. PARCEL 4: AN EASEMENT AND RIGHT OF WAY FOR ROAD, SEWER, WATER, GAS, POWER AND TELEPHONE LINES AND APPURTENANCES THERETO OVER, UNDER, ALONG AND ACROSS A STRIP OF LAND 30.00 FEET WIDE IN LOT “I” OF RANCH0 AGUA HEDIONDA, lN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARTITION MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, THE CENTER LINE OF SAID 30.00 FOOT STRIP BEING DESCRIBED AS FOLLOWS: BEGINNING AT CORNER NO. 2 OF LOT “I”; THENCE ALONG THE NORTHERLY PROLONGATION OF THAT PORTION OF THE EASTERLY LINE OF SAID LOT “I” BETWEEN CORNERS NO. 1, AND NO. 2 OF SAID LOT, NORTH 2” 29’ 40” WEST (RECORD NORTH 3” WEST) 21.84 FEET TO AN INTERSECTION WITH THE CENTER LINE OF COUNTY ROAD SURVEY NO. 682, AS THE SAME IS DESCRIBED IN EASEMENT DEED TO THE COUNTY OF SAN DIEGO DATED MAY 27, 1936 AND RECORDED IN BOOK 531, PAGE 230 OF OFFICIAL RECORDS OF SAID COUNTY, SAID POINT OF INTERSECTION BEING ALSO THE ‘1 . . 153 SOUTHEASTERLY CORNER OF THAT PARCEL OF LAND DESCRIBED IN QUITCLAIM DEED TO HORACE H. KELLY, RECORDED JANUARY 22, 1951 AS FILE NO. 9613, IN BOOK 3942, PAGE 34 OF OFFICIAL RECORDS; THENCE ALONG THE SOUTHERLY LINE OF SAID KELLY LAND AS FOLLOWS: ALONG THE SAID CENTER LINE OF COUNTY ROAD NORTH 67” 10’ WEST 897.21 FEET TO AN ANGLE POINT THEREIN; THENCE CONTINUING ALONG SAID CENTER LINE OF COUNTY ROAD NORTH 64” 35’ WEST 701.22 FEET TO THE BEGINNING OF A TANGENT l,OOO.OO FOOT RADIUS CURVE CONCAVE SOUTHERLY, THENCE WESTERLY ALONG SAID CURVE 319.27 FEET THROUGH AN ANGLE OF 18” 17’ 34”; THENCE LEAVING SAID CENTER LINE SOUTH 3” 18’ 40” EAST 355.96 FEET TO THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED CENTER LINE; THENCE SOUTH 71” 20’ EAST 480.66 FEET TO THE BEGINNING OF A TANGENT 150.00 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE EASTERLY ALONG SAID CURVE 227.15 FEET THROUGH AN ANGLE OF 86” 46’ ; THENCE TANGENT TO SAID CURVE NORTH 21” 54’ EAST 148.31 FEET TO SAID CENTER LINE OF THE COUNTY ROAD, SAID 30.00 FOOT STRIP BEGINS IN A LINE WHICH BEARS SOUTH 3” 18’ 40” EAST THROUGH THE TRUE POINT OF BEGINNING AND ENDS IN THE SOUTHWESTERLY LINE OF SAID COUNTY ROAD. EXCEPTING FROM SAID EASEMENT AND RIGHT OF WAY THAT PORTION THEREOF WHICH LIES WITHIN PARCEL 1 HEREIN DESCRIBED.