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Home My WebLink AboutADJ 468; Hillman Properties West Inc; 1996-0489999; Certificate of Compliance/Non ComplianceRECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad. CA 92008 SAN DIEGO COUNTY RECORDER'S OFFICE OFFICIAL RECORDS RF: 12.00 FEES: EIF: 25. nF : 15.00 1.00 GREGORY SMITH, COUNTY RECORDER 960 I=e Fp SPACE ABOVE THIS LINE FOR RECORDERS USE 11-12 33,34,35 KELLY RANCH BOUNDARY ADJUSTMENT NIA CASE NO. CURRENT ADDRESS: CE 714 CERTIFICATE OF COMPLIANCE WITH CONDITIONS (Section 66499.35 of the Government Code) The City Engineer has determined that the real property described below, has been divided or has resulted from a division or combining of lots in compliance with the Subdivision Map Act and with the provisions of the Carlsbad Municipal Code pursuant thereto. OWNER(S): Hillman Properties West, Inc., a Delaware Corporation DESCRIPTION: (See Exhibit "A" attached; Exhibit "B" is for clarity only) NOTE: The description in Exhibit "A attached has been provided by the owner of the property and neither the City of Carlsbad nor any of its officers or employees assume responsibility for the accuracy of said description. This Certificate of Compliance shall have no force and effect: (a) if the above owners or any subsequent transferee or assignee acquires any contiguous property other than a lot or lots shown on filed pursuant to and prior to repeal (Stats. 1955, Ch. 1593) of a recorded subdivision map, parcel map or record of survey map Section 11575 of the Business and Professions Code; unless development of the parcel adh'eres to the requirements of the Master Plan MP 174; Miscellaneous/M-l.frm Rev. 06/26/95 if the parcel is transferred to another ownerldeveloper, unless both the transferor and transferee enter into a Master Plan Assumption Agreement obligating subsequent developers to abide by the terms and provisions of Master Plan MP 174, and assume obligations to build and dedicate necessary public facilities required to service all parcels consistent with the requirements of the Master Plan; unless, prior to development of the parcel, the developer obtains a Coastal Development Permit from the California Coastal Commission, and adheres to its conditions of development; Section 66412(d) of the Subdivision Map Act; unless deeds are exchanged by the parcel owners pursuant to This certificate relates only to issues of compliance or noncompliance with the Subdivision Map Act and local ordinances enacted pursuant thereto. The parcel described herein may be sold, leased, or financed without further compliance with the Subdivision Map Act or any local ordinance enacted pursuant thereto. Development of the parcel may require issuance of a permit or permits, or other grant or grants of approval. This Certificate of Compliance shall in no way affect the requirements of any other County, State or Federal agency that regulates development of real propell/. BY: Cjtypbad RC : 23889 EXP. 12/31/97 MiscellaneOus/M-l.frm Rev. 06/26/95 962 State of California ) ) County of San Diego ) Od4rcMq 4 /@ before me, /&L fl &v f, 4 RLIW personally appeared LLDy tJ (Date) (Name!Title of Officer) '"?NSame[sl of SignerLsl) g! personally known to me -OR - 0 (or proved to me on the basis of satisfactory evidence) to be the person(3). whose name0 is/msubscribed to the within instrument and acknowledged to me that he/Sh/tky executed the same in hislh6dttheir authorized capacityCles), and that by hislhdthir signature(% on the instrument the person(s), or enti upon behalf of which the personw 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 Miscellaneous/H-l.frm Rev. 06/26/95 EXHIBIT "A" LEGAL DESCRIPTION 963 PARCEL "B" THAT PORTION OF LOT "I" OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823 , FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY ON NOVEMBER 16, 1896, BEING ALL OF PARCEL 1 AS DESCRIBED IN GRANT DEED RECORDED MAY 23,1985 AS FILE NO. 85-183065 AND ALL OF PARCEL 3 AS DESCRIBED IN GRANT DEED RECORDED MAY 23, 1985 AS FILE NO. 85-183066 BOTH OF OFFICIAL RECORDS OF SAID SAN DIEGO COUNTY. EXCEPTING THEREFROM A PORTION OF LOT "I" OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO. STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY ON NOVEMBER 16, 1896, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT POINT NO. 1 OF SAID LOT "I"; THENCE ALONG THE EASTERLY LINE OF SAID LOT "I" SOUTH 82"32'43" EAST, 341.77 FEET TO POINT NO. 19 OF SAID LOT "I"; THENCE CONTINUING ALONG THE EASTERLY LINE OF SAID LOT "I", SOUTH OO"12'57" EAST, 2670.67 FEET TO POINT NO. 18 OF SAID LOT "I"; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT "I", NORTH 87"15'46" WEST, 1172.76 FEET; THENCE LEAVING SAID SOUTHERLY LINE, NORTH OO"OOO3 EAST, 663.79 FEET; THENCE NORTH 23"43'00 WEST, 30.00 FEET; THENCE NORTH 66"17'00 EAST, 40.97 FEET TO THE BEGINNING OF A TANGENT 300.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 21"3000" A DISTANCE OF 112.57 FEET; THENCE NORTH 87"47'00 EAST, 94.81 FEET TO THE BEGINNING OF A TANGENT 300.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 54"44'25" A DISTANCE OF 286.62 FEET; THENCE NORTH 56"57'25" WEST, 30.00 FEET; THENCE NORTH 46"30'00" PAGE 1 OF 3 :DA M:UEGALS\0753\753PARB.DOC WO 7535 6/28/96 -. ,, 964 WEST, 459.10 FEET; THENCE NORTH 07"11'00" WEST, 378.65 FEET; THENCE NORTH 29"02'00" EAST, 30.00 FEET; THENCE SOUTH 6058'00" EAST, 54.67 FEET; THENCE NORTH 29"02'00" EAST, 30.00 FEET; THENCE NORTH 35"07'15" EAST, 332.53 FEET; THENCE NORTH 64"25'26 WEST, 1073.85 FEET; THENCE SOUTH 57"48'03" WEST, 267.32 FEET; THENCE NORTH 6Y28'53" WEST, 313.73 FEET; THENCE NORTH 41"5023" WEST, 239.03 FEET TO THE BEGINNING OF A NON-TANGENT 1951.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 40"1049" WEST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 20"14'47" A DISTANCE OF 689.42 FEET; THENCE NORTH 70"0358" EAST, 569.86 FEET TO THE BEGINNING OF A TANGENT 1349.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 45"44'35" A DISTANCE OF 1077.00 FEET; THENCE NORTH 24"1923" EAST, 100.00 FEET TO THE BEGINNING OF A TANGENT 25.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE NORTHERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 89"45'19" A DISTANCE OF 39.16 FEET; THENCE RADIAL FROM SAID CURVE, NORTH 24"34'04" EAST, 18.00 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF EL CAMINO REAL AS GRANTED TO THE COUNTY OF SAN DIEGO PER DEED RECORDED JANUARY 21, 1970 AS FlLElPAGE NO. 11638 OF OFFICIAL RECORDS, SAID POINT BEING ON THE ARC OF A 6945.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 24"34'04" WEST; THENCE SOUTHEASTERLY ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 01"19'50" A DISTANCE OF 161.28 FEET TO A POINT ON THE EASTERLY LINE OF LOT "I" OF SAID MAP NO. 823; THENCE ALONG SAID EASTERLY LINE, SOUTH 02"20'13" EAST, 680.27 FEET TO A POINT ON THE NORTHEASTERLY LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN DEED TO MARVIN H. SIPPEL AND LUCIA CAROLINE SIPPEL, RECORDED NOVEMBER 13, 1962 AS FILE NO. 193941 OF OFFICIAL RECORDS; THENCE ALONG SAID NORTHEASTERLY LINE AND THE NORTHWESTERLY, WESTERLY AND SOUTHWESTERLY LINE OF SAID SIPPEL LAND, THE FOLLOWING: NORTH 56"21'30" WEST, 135.93 FEET ( SOUTH 55"3825" EAST, 136.00 FEET PER SAID DEED); THENCE SOUTH 42"35'52" WEST (NORTH 43"17'40" EAST PER SAID DEED), 173.40 FEET TO THE 'BEGINNING OF A TANGENT 500.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; PAGE 2 OF 3 :DA M:VEGALSW753\753PARB.DOC WO 753-8 6/28/96 965 THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 15"30'15" A DISTANCE OF 135.30 FEET; THENCE SOUTH 22"2013" EAST (NORTH 21"38'25" WEST PER SAID DEED), 106.33 FEET; THENCE SOUTH 56"2013" EAST (NORTH 55"38'25" WEST PER SAID DEED), 375.00 FEET TO A POINT ON THE EASTERLY LINE OF SAID LOT "I"; THENCE ALONG SAID EASTERLY LINE, SOUTH 02"2013" EAST, 50.33 FEET TO THE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM THAT PORTION OF LOT "I" OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823 , FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, BEING ALL OF THAT LAND AS DESCRIBED IN DEED TO ALLAN 0. KELLY RECORDED SEPTEMBER 20, 1966, DOCUMENT NO. 151710 OF OFFICIAL RECORDS OF SAID SAN DIEGO COUNTY. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 331.92 ACRES MORE OR LESS. AS MORE PARTICULARLY SHOWN ON EXHIBIT "B" AND BY THIS REFERENCE MADE A PART HEREOF. DANA MICHAEL SEGL~N L.S. 6215 HUNSAKER &ASSOCIATES SAN DIEGO, INC. PAGE 3 OF 3 :DA M:\LEGALS\0753\753PARE,DOC WO 753-8 6/28/96 ~~ LEGAL DESCRIPTION: PORTION OF LOT 'I' OF RANCHO AGUA HEDIONOA. IN THE CITY OF CARLSBAD. COUNTY OF SAN DIEGO. STATE OF CALIFORNIA ACCORDING TO MAP THEREOF NO. 823. 20e-o20-30,33,34 # 35; 207-101-12 OWNER/APPLICANT ASSESSORS .~PABC.EL NO.5 .lwu HILL MA^ PROPERTIES WEST, INC .. A DELAWARE CORPORATION 2011 PALOMAR AIRPORT ROAD. SUITE 206 CARLSBAO. CALIFORNIA 92009 PHONE (619) 931-1190 \ By: DARL€NECLARK€ VICE PRESIDENT CRARLES €RACK€& JR ASSISTANT SECRETARY VICINITY MAP NO SCALE ENGINEER OF WORK: HUNSAKER AN0 ASSOCIATES SAN OIEGO. INC. 10179 HUENNEKENS STREET SAN OIEGO. CA 92121 PHONE: 558-4500 ey: % 6-23-% HI. 5669 Exp 9-30-99 aN W. HILL JR.. LTS. 5669 BASIS OF BEARINGS: ~ ~ ~~ - -~ THE BASIS OF BEARINGS FOR THIS ORAWING IS A PORTION OF THE CENTERLINE OF PARK ORIVE AS SHOWN ON LAGUNA RIVIERA UNIT NO 4. MAP NO. 6529. i .e. N 02O 26'24'W. ~ ~~ ~~~~ ~ ~~ EXHIBIT "B' SHEET 1 OF 3 ADJUSTMENT PLAT-CIM OF CARLSBAD NO. 468 PPLICANT : 1//PAfON'RA/RHRTRD, A.P.N.: PREPARED BY: Z08d20-30,&9,,J4d35 'U/Tf 206 /0/73 HUENNEKENS $7 4RLSL3ALj CA 9POO9 SANO.EG0, C4 92{2/ ILLMANPxtwxvES WNSAKFR~ASSRHTKS 207-/3/-./2 I 967 GRAPHIC SCALE Io INDICATES DEED TO ALLAN 0. KELLY RECORDED 9-20-1966, DOC, NO, 151710 OF O.R. 0 8-17-73 FILE/PAGE NO. 73-231802 OF O.R. INDICATES DEED TO KELLY AND SIPPEL RECORDED EXHIBIT " B" SHEET 2 OF 3 ADJUSTMENT PLAT-CITY OF CARLSBAD NO. 468 APPLICANT : A.P.N.: PREPARED BY: (SEE SHEET NO. 1) (SEE SHEET NO. 1) (SEE SHEET NO. 1) UOyD l@BeS CITY RE 23889 REG. NO. EXP. 12/31 /97 968 PARCEL " B" 331 -92 ACRES N 35.07 ' 15'E 332.53 ' .I -m.nqlnn.~ N 29'02'00"E 30.00' -I A PARCEL *An %A, 96.58 ACRES !5 .' 1.00' N 66'17'00'E 40.97' om N 87'15'46"~ 1172.76' EXHIBIT "B" SHEET 3 OF 3 (SEE SHEET NO. 1) (SEE SHEET NO. 1) (SEE SHEET NO. 1)