HomeMy WebLinkAboutMP 95-01; HSL/BP/Michan LP; 1995-0469812; Public Facilities Fee Agreement/Releaseu.
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s 1 Jot tt 1p95-0469812 18-OCT-lPP5 cc?=31 API
I 1854 OFFICM RECORDS SAti DIE60 COUNTY RECORDER’S OFFICE RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO: 1 ‘i,
I’; :
40.00
City Clerk
CITY OF CARLSBAD 1 ii’ . 1 1200 Carlsbad Village Drive
Carlsbad, California 92008-l 989
Space above this line for Recorder’s use
Parcel No. 214-150-17 and 214-150-18 Ed 214~@'-X
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACIUTIES FEE
FOR OUTSIDE THE BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 1
THIS AGREEMENT is entered into this 17th day of August I1922
by and between HSL/BP/Michan L.P.
(name of developer-owner)
.California Limited Partnership. I rereinafter referred to as ‘Developer” whose address
(corporation, partnership, etc.)
i.S 7220 Avenida Encinas, Suite 200, Carlsbad, California 92009
(street) (city, state, zip code)
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.
WITNESSETH:
WHEREAS, Developer 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
Font-~ 4wo-d By CXyGauncilJuly2,1991
Reso #9l-1WKJH
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WHEREAS, Develt. ;r proposed a development project as ,c>llows: f855
Poinsettia Properties Specific Plan
on said Property, which development carries the proposed name of Poinsettia Properties
and is hereafter referred to as “Development”; and
WHEREAS, Developer filed on the sTh day of AtuWST , WE
Pm-y?
with the City a request for a General Plan Amendment and v Plan
“Request”; and
hereinafter referred to as
WHEREAS, the Public Facilities Element of the City General Plan requires that the City
Council find that all public facilities necessary to seNe 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 has 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 proposes to
help satisfy the General Plan as implemented by Council Policy No. 17 by payment of a public
facilities fee.
NOW, THEREFORE, in consideration of the recitals and the covenants contained herein,
the parties agree as follows:
Fan bprowd By City Council July 2. 1991
Resa #Ql-lQ4/KIH 2
Fam 17
rev3/27lQ5
1. wT6 The DevelG;‘lr shall pay to the City a public faciizs 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 21 of the Cansbad Municipal Code. Developer shall pay a fee for conversibn
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 shall pay the City a public facilities fee in the sum of $1 ,I 50
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 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 offers 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 be-
come a part of this agreement. Sites donated under this paragraph shall not include
improvements required pursuant to Titles 18 or 20 of the Carlsbad Municipal Code,
Form Approved
By City Camcil July 2. 1991
Reao X 96194/lUH
Farm 17
rw 3l27195
3.
-.
This agree#..dnt 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 sufficient 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 sufficient 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 wriiing, and shall be dated and
signed by the party giving such notice or by a duly authorized 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.
FmApproved By City Ccundl July 2, 1W
Peso # Ql-104/KlH
Fcm 17
rw 3/27/95
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I 8. This agree1 .lt shall be binding upon and shall inlrmG to the benefit of, and shall
apply to, the respective successors and assigns of Developer and City, and references to
Developer 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.
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.
F-ppprored
By city Cumdl July 2, fW1
Rsso t Ql-194lKlH 5
Form 17
rw3l27195
I.,
j IN WITNESS Wl-,-,iEOF, this agreement is executed in San Diego County, California as
of the date first written above.
DEVELOPER-OWNER: CITY OF CARLSBAD, a municipal
corporation of the HSL/BP/MICHAN L.P., a California limited partnership State of California
By: HE3M Poinsettia L.P.,
a California limited partnership.
By: Its General Partner
Benchmark Pacific, Inc.,
a California corporation, for City Manager
By:
Douglas M. Avis, President
Al-TEST:
ALETHA L. RAU
(Proper notarial acknowledgement of execution of DEVELOPER-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,)
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
Form Approved
By City Council July 2, 1991
Reso X 91-194WH
Form 17
rw 3/2?/95
6
- - EXAlblT A - Page 1 of 5
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIEED AS FOLLOWS:
PARCEL 1:
THOSE PORTIONS OF LOTS 2 AND 3 THE NORTH l/3 OF LOT 4 AND THE EAST
HALF OF THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 12 SOUTH, RANGE
4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, LYING SOUTHWESTERLY OF THE SOUTHWESTERLY LINE OF THE 200 FOOT RIGHT OF
WAY OF THE-ATCHISON, TOPEKA AND SANTA FE RAILROAD.AND LYING EASTERLY
OF THE EASTERLY LINE OF PARCEL 5-A AS DESCRIBED IN THE FINAL ORDER OF CONDEMNATION IN SUPERIOR COURT OF SAN DIEGO COUNTY, CASE NO. 165983, A COPY OF WHICH BEING RECORDED APRIL 23, 1952 IN BOOK 4444, PAGE 396 OF OFFICIAL RECORDS, SAID EASTERLY LINE BEING DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTH LINE OF SAID FRACTIONAL SECTION 29,
DISTANT THEREON NORTH 89O49'10" WEST 325.97 FEET FROM THE CORNER COMMON TO SECTIONS 28, 29, 32 AND 33, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, SAID POINT ALSO BEING DISTANT ALONG SAID SOUTH LINE SOUTH 89O49'10" EAST 88.23 FEET FROM ENGINEERS STATION 196 PLUS 46.33 ON THE CENTER LINE OF THE DEPARTMENT OF PUBLIC WORKS SURVEY MADE IN 1947 BETWEEN HALF MILE SOUTH OF SAN MARCOS CREEK AND 2.2 MILES SOUTH OF CARLSBAD, ROAD XI-SD-2-B; THENCE ALONG A LINE PARALLEL WITH AND DISTANT 80.00 FEET EASTERLY AT RIGHT ANGLES FROM THE CENTER LINE OF SAID SURVEY NORTH 24O45'30" WEST 72.54 FEET; THENCE ALONG A TANGENT CURVE TO THE RIGHT WITH A RADIUS OF 6,120 FEET THROUGH AN ANGLE OF 4055'30" A DISTANCE OF 526.06 FEET; THENCE NORTH lYO50' WEST 3628.47
FEET; THENCE ALONG A TANGENT CURVE TO THE R.IGHT WITH A RADIUS OF 19,846 FEET THROUGH AN ANGLE POINT OF oO22'46" A DISTANCE OF 131.43 r FEET TO A POINT ON THE NORTH LINE OF SAID LOT 2, DISTANT ALONG SAID
NORTH LINE SOUTH 89O55'53" WEST 466.01 FEET FROM THE NORTHEAST CORNER OF SAID LOT 2, SAID POINT ALSO BEING DISTANT ALONG SAID NORTH LINE OF LOT 2 NORTH 89O55'53" EAST 84.78 FEET FROM ENGINEER'S STATION 240 PLUS 28.54 ON THE CENTER LINE OF SAID SURVEY.
EXCEPTING THEREFROM SAID LOT 3, THAT PORTION CONVEYED TO THE COUNTY OF SAN DIEGO, IN PARCEL 2 OF DIRECTORS DEED RECORDED DECEMBER 22, 1966 AS FILE NO. 198819 OF OFFICIAL RECORDS.
’ EXHIBIT A - Page 2 of 5
EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHERLY TERMINUS OF COURSE NO. 5 OF PARCEL ONE OF THAT CERTAIN DIRECTORS DEED CONVEYED TO THE COUNTY OF SAN DIEGO AND
RECORDED ON DECEMBER 22, 1966 AS FILE NO. 198819 OF OFFICIAL RECORDS SAID COURSE NO. 5 HAVING A BEARING AND DISTANCE OF NORTH 13°05'20" WEST, 20.00 FEET; THENCE ALONG THE SOUTHERLY PROLONGATION OF SAID COURSE SOUTH 13O46'30" EAST 28.75 FEET TO A LINE HAVING A BEARING OF SOUTH 76O16'30" WEST, SAID LINE BEING SOUTH 13O46'30" EAST 28.75 FEET FROM THE NORTHERLY LINE OF POINSETTIA LANE MEASURED ALONG THE SOUTHERLY PROLONGATION OF SAID COURSE NO. 5; THENCE SOUTH 76O16'30" WEST 1155.57 FEET TO THE INTERSECTION WITH THE WESTERLY RIGHT OF WAY OF THE ATCHISON, TOPEKA AND SANTA FE RAILROAD COMPANY, SAID POINT OF INTERSECTION BEING THE TRUE POINT OF BEGINNING AND BEING DISTANT SOUTH
21OO8'51" EAST 27:97 FEET FROM THE NORTHERLY LINE OF POINSETTIA LAND
AS MEASURED ALONG THE WESTERLY RIGHT OF WAY OF SAID RAILROAD COMPANY;
THENCE ALONG SAID WESTERLY RIGHT OF WAY LINE NORTH 21OO8'51" WEST
51.43 FEET TO A LINE PARALLEL WITH AND DISTANT NORTHERLY 51.00 FEET
MEASURED AT RIGHT ANGLES TO THE ABOVE MENTIONED LINE HAVING A BEARING
AND DISTANCE OF SOUTH 76O16'30" WEST 1155.57 FEET; THENCE ALONG SAID
PARALLEL LINE SOUTH 76O16'30" WEST 495.77 FEET TO THE INTERSECTION WITH THE EASTERLY RIGHT OF WAY OF THE STATE HIGHWAY AS DESCRIBED IN PARCEL 5A OF FINAL ORDER OF CONDEMNATION IN SUPERIOR COURT OF SAN DIEGO COUNTY CASE #165983 FILED IN THE OFFICE OF THE COUNTY CLERK OF
SAID COUNTY; THENCE ALONG SAID EASTERLY LINE SOUTH 19O50'19" EAST
51.29 FEET; THENCE NORTH 76O16'30" EAST 496.95 FEET TO THE TRUE POINT
OF BEGINNING.
EXCEPT THEREFROM THOSE PORTIONS PREVIOUSLY DEDICATED TO THE PUBLIC USE AS DESCRIBED IN THE AFOREMENTIONED DIRECTORS DEED RECORDED DECEMBER
22, 1966 AS FILE NO. 198819 OF OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHERLY TERMINUS OF COURSE NO. 5 OF PARCEL ONE OF THAT CERTAIN DIRECTORS DEED CONVEYED TO THE COUNTY OF SAN DIEGO AND RECORDED ON DECEMBER 22, 1966 AS FILE NO. 198819 OF OFFICIAL RECORDS SAID COURSE NO. 5 HAVING A BEARING AND DISTANCE OF NORTH 13OO5'20"
WEST, 20.00 FEET; THENCE ALONG THE SOUTHERLY PROLONGATION OF SAID
COURSE SOUTH 13O46'30" EAST 28.75 FEET TO A LINE HAVING A BEARING OF
SOUTH.76°16'30n WEST, SAID LINE BEING SOUTH 13O46'30" EAST 28.75 FEET FROM THE NORTHERLY LINE OF POINSETTIA LANE MEASURED ALONG THE SOUTHERLY PROLONGATION OF SAID COURSE NO. 5; THENCE SOUTH 76O16'30" WEST 1155.57 FEET TO THE INTERSECTION WITH THE WESTERLY RIGHT OF WAY OF THE ATCHISON, TOPEKA AND SANTA FE RAILROAD COMPANY, SAID POINT OF INTERSECTION BEING THE TRUE POINT OF BEGINNING AND BEING DISTANT SOUTH 21OO8'51" EAST 27.97 FEET FROM THE NORTHERLY LINE OF POINSETTIA LANE AS MEASURED ALONG THE WESTERLY RIGHT OF WAY OF SAID RAILROAD COMPANY; THENCE ALONG SAID WESTERLY RIGHT OF WAY LINE SOUTH 21OO8'51" EAST 51.43 FEET TO A LINE PARALLEL WITH AND DISTANT SOUTHERLY 51.00 FEET
EXHIBIT A - Page 3 of 5
MEASURED AT RIGHT ANGLES TO THE ABOVE MENTIONED LINE HAVING A BEARING
AND DISTANCE OF SOUTH 76O16'30" WEST 1155.57 FEET; THENCE ALONG SAID
PARALLEL LINE SOUTH 76O16'30" WEST 498.13 FEET TO THE INTERSECTION WITH THE EASTERLY RIGHT OF WAY LINE OF THE STATE HIGHWAY AS DESCRIBED
IN PARCEL 5A OF FINAL ORDER OF CONDEMNATION IN SUPERIOR COURT OF SAN
DIEGO COUNTY CASE #165983 FILED IN THE OFFICE OF THE COUNTY CLERK OF
SAID COUNTY OF SAID COUNTY; THENCE ALONG SAID EASTERLY LINE NORTH 19O50'19" WEST 51.29 FEET; THENCE NORTH 76O16'30" EAST 496.95 FEET TO THE TRUE POINT OF BEGINNING.
EXCEPTING THEREFROM THOSE PORTIONS PREVIOUSLY DEDICATED TO THE PUBLIC
USE AS DESCRIBED IN THE AFOREMENTIONED DIRECTORS DEED RECORDED
DECEMBER 22, 1966 AS FILE NO. 198819 OF OFFICIAL RECORDS.
EXCEPTING THEREFROM ALL OIL, AND MINERAL RIGHTS BELOW 500 FEET WITHOUT
RIGHT OF SURFACE ENTRY AS RESERVED BY A. L. SHIPLEY, JR., CONSERVATOR
OF THE ESTATE OF GEORGE H. CAPRON IN DEED RECORDED JUNE 30, 1969 AS FILE NO. 116905 AND RE-RECORDED JULY 23, 1969 AS FILE NO. 132460, BOTH OF OFFICIAL RECORDS.
PARCEL 2:
.
THOSE PORTIONS OF THE EAST HALF OF SECTION 29 AND THE WEST HALF OF SECTION 28, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN,
IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA
ACCORDING TO OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST COkNER OF THE EAST HALF OF THE NORTHEAST QUARTER OF SAID SECTION 29; THENCE ALONG THE NORTHERLY LINE OF SAID EAST HALF OF THE NORTHEAST QUARTER NORTH 89O58'20" EAST 294.68 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 600.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 63°10'41" AN ARC DISTANCE OF 661.60 FEET; THENCE TANGENT TO SAID CURVE SOUTH 26O50'59" EAST 389.48 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS CF
1700.00 FEET; THENCE SOUTHERLY ALONG SAID LAST MENTIONED CURVE THROUGH
A CENTRAL ANGLE OF 9O37'29" AN ARC DISTANCE OF 285.57 FEET; THENCE TANGENT TO SAID LAST MENTIONED CURVE SOUTH 17O13'30" EAST 1187.36 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 1250.00 FEET; THENCE SOUTHERLY ALONG SAID LAST MENTIONED CURVE, THROUGH A CENTRAL ANGLE 23°30'OO" AN ARC DISTANCE OF 512.69 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE EASTERLY HAVING A RADIUS OF
500.00 FEET; THENCE SOUTHERLY ALONG SAID LAST MENTIONED CURVE TO AN INTERSECTION WITH THE NORTHERLY LINE OF THAT CERTAIN PARCEL OF LAND DEEDED TO THE COUNTY OF SAN DIEGO IN PARCEL 1 OF DIRECTORS DEED RECORDED DECEMBER 22, 1966 AS FILE NO. 198819 OF OFFICIAL RECORDS;
THENCE SOUTH 76O54'40" WEST ALONG SAID NORTHERLY LINE TO THE EASTERLY
LINE OF THE 200.00 FOOT ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY RIGHT OF WAY; THENCE ALONG SAID EASTERLY LINE NORTH 21OO8'15" WEST TO
THE WEST LINE OF SAID EAST HALF OF THE NORTHEAST QUARTER; THENCE ALONQ
- EXHIBIT A - Page 4 of 5
SAID WEST LINE NORTH OO"02'20" WEST, 765.33 FEET TO THE TRUE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHERLY TERMIN OF COURSE NO. 5 OF PARCEL 1 OF THAT CERTAIN DIRECTORS DEED CONVEYED TO THE COUNTY OF SAN DIEGO AND RECORDED ON DECEMBER 22, 1966 AS FILE NO. 198819 OF OFFICIAL RECORDS, SAID COURSE NO. 5 HAVING A BEARING AND DISTANCE OF NORTH 13OO5'20" WEST, 20.00 FEET; THENCE ALONG THE SOUTHERLY PROLONGATION OF SAID CURVE SOUTH 13O46'30" EAST 28.75 FEET TO A LINE HAVING A BEARING OF SOUTH 76O16'30" WEST, SAID LINE BEING SOUTH 13O46'30" EAST 28.75 FEET FROM THE NORTHERLY LlNE OF POINSETTIA LANE MEASURED ALONG THE SOUTHERLY PROLONGATION OF SAID COURSE NO. 5; THENCE SOUTH 76O16'30"
WEST 243.98 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING THE SOUTHERLY TERMINUS OF THAT CERTAIN COURSE CITED AS BEING A CURVE HAVING A RADIUS OF 500.00 FEET AND AN ARC DISTANCE OF 174.53 FEET IN PARCEL 2 IN DEED TO JOHN D. LUSK & SON, A CALIFORNIA CORPORATION, RECORDED JANUARY 9, 1973 AS FILE NO. 73-006848 OF OFFICIAL RECORDS OF SAID SAN DIEGO COUNTY; THENCE CONTINUINQ SOUTH 76O16'30" WEST 709.90 FEET - RECORD 710.09 FEET - TO THE INTERSECTION WITH THE EASTERLY
RIGHT OF WAY LINE OF THE ATCHISON, TOPEKA AND SANTA FE RAILROAD COMPANY SAID POINT OF INTERSECTION BEING DISTANT SOUTH 21°08'51" EAST 28.15 FEET FROM THE NORTHERLY LINE OF POINSETTIA LANE AS MEASURED ALONG THE EASTERLY RIGHT OF WAY OF SAID RAILROAD COMPANY; THENCE ALONG
SAID EASTERLY RIGHT OF WAY NORTH 21OO8'51" WEST 51.43 FEET TO A LINE
PARALLEL WITH AND DISTANT NORTHERLY 51.00 FEET MEASURED AT RIGHT ANGLES TO THE ABOVE MENTIONED LINE HAVING A BEARING AND DISTANCE OF SOUTH 76O16'30" WEST 709.90 FEET; THENCE ALONG SAID PARALLEL LINE NORTH 76O16'30" EAST 719.15 FEET TO THE INTERSECTION WITH A NON TANGENT CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 500.00 FEET, SAID CURVE BEING THE ABOVE MENTIONED CURVE HAVING A RADIUS OF 500.00 FEET, A RADIAL FROM SAID POINT BEARS NORTH 82OO7'45" EAST; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 5O51'15" A.N ARC LENGTH OF 51.09 FEET TO THE TRUE POINT OF BEGINNING.
EXCEPTING THEREFROM THOSE PORTIONS PREVIOUSLY DEDICATED TO THE PUBLIC USE AS DESCRIBED IN THE AFOREMENTIONED DEED RECORDED DECEMBER 22, 1966 AS FILE NO. 198819 OF OFFICIAL RECORDS.
EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF THE EAST HAL‘F OF THE NORTHEAST QUARTER OF SAID SECTION 29; THENCE SOUTH 2OO27'52" EAST 869.10 FEET; THENCE SOUTH 69O32'08" WEST 275.76 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY, BEING 200.00 FEET WIDE; THENCE ALONG SAID RIGHT OF WAY LINE NORTH 2OO27'52" WEST 154.51 FEET TO A POINT ON THE EASTERLY LINE OF LOT 1 IN SAID SECTION 29; THENCE ALONG SAID LINE NORTH OO38'14" EAST 765.95 FEET TO THE POINT OF BEGINNING.
- - EXH’IBIT A - Page 5 of 5
EXCEPTING THEREFROM THAT PORTION TETREOF DEEDED TO THE CITY OF
CARLSBAD BY DEED RECORDED SEPTEMBER 30 1994 AS FILE NO. 1994-0580813
OF OFFICIAL RECORDS.
ALSO, EXCEPTING THEREFROM, ALL OIL A?JD MINERAL RIGHTS BELOW 500
FEET WITHOUT RIGHT OF SURFACE ENTRY AS RZSERVED BY A. L. SHIPLEY, JR., CONSERVATOR OF THE ESTATE OF GEORGE H. CAPRON IN DEED RECORDED JUNE
30, 1969 AS FILE NO. 116905 AND RE-RECORZED JULY 23, 1969 AS FILE NO.
132460, BOTH OF OFFICIAL RECORDS.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On August 3 1, 1995, before me, Mary C. Nettles, Notary Public, personally appeared DOUGLAS
M. AVIS, personally known to me to be the person whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his authorized capacity, and that
by his signature on the instrument the person, or the entity upon behalf of which the person acted,
executed the instrument. I’. ‘.‘, ii ’ c
WITNESS my hand and official seal,
Form 17
rev 3/2?/85 E3yCityCu1ndlJuly2.1991
F!esO#Ql-lw/KlH