HomeMy WebLinkAbout; San Diego Gas & Electric Company; 1998-0798577; CondemnationRECORDING REQUESTED BY: )
By: RICHARD R. FREELAND, ESQ. 1
(619) 297-3170 )
) 1 1
)
ASARO, KEAGY, FREELAND & MCKINLEY
Fourth Floor, 3 170 Fourth Avenue
San Diego, CA 92103
)
1v .
AND WHEN RECORDED MAIL TO:
By: RICHARD R. FREELAND, ESQ.
ASARO, KEAGY, FREELAND & MCKINLEY
Fourth Floor, 3 170 Fourth Avenue
San Diego, CA 92103
)
)
)
FINAL ORDER OF CONDEMNATION
SUPERIOR COURT CASE NO. N 73929-1
This Space for Recorder's Use Only
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By. --.A_-
DE? il Tv M. FARiAI
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN DIEGO
CITY OF CARLSBAD, A Municipal Corporation,
Plaintiff,
V.
NO. N 73929-1 1 1
FINAL ORDEROF CONDEMNATION 1 1 1
i RICHARD C. KELLY and 1 ROBERT PATRICK KELLY 1 Trustees under Declaration of 1 Trust dated November 25,1985; 1 SAN DIEGO GAS&ELECTRIC COMPANY; 1 and, DOES 1 Through 100, 1 Inclusive, 1 1 1 Dept:
Defendants.
It appearing to the Court that judgment in condemnation has been entered in the above-entitled
action on September 22, 1998, adjudging that Plaintif€ is entitled to take by condemnation the property
described in the judgment on file herein and more fully described hereafter and in accordance with this
judgment, Plaintiff has paid the sum of money due;
NOW THEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that
the real property and real property interests situated in the County of San Diego, State of California, and
more particularly described in Exhibit "A" attached hereto and made a part hereof, be condemned to
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Plaintiff for the purpose of the "Aviara Parkway Project'' in the manner proposed by Plaintiff in
furtherance of public and general welfare.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that a certified copy of this
Order be recorded in the Ofice of the County Recorder of the County of San Diego, State of California,
and thereupon, title to said property described herein shall vest in Plaintiff.
Q'ROll?k W-J APPROVAL AS TO FORM:
Dated: C?/5/9 8 ASARO, KEAGY, FREELAND & MCKINLEY Special Counsel
B
Attorneys for Plaintiff
Dated: b ++-=-
F:\WPWCS\CRW\JUDGE\KELLY.FOC
c145.32 (09/14/98 1:19pm)
DETISCH & CHFUSTENSEN
Attorneys for Defendants KELLY
2 \
EXHIBIT
LEGAL DESCRIPTION
PR 3.4.256
AVIARA PARKWAY
BElNG A PORTION OF PARCELS 1 AND 2 OF CERTIFICATE OF COMPLIANCE.
RECORDED SEPTEMBER 27, 1985 AS FILE NO. 85-359768 OF OFFICIAL RECORDS OF
SAN DIEGO COUNTY, IN THE CIN OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT AN ANGLE POINT IN THE SOU"ERLY BOUNDARY LINE OF PARCEL 1
OF SAID CERTIFICATE OF COMPLIANCE RECORDED SEPTEMBER 27.1985 AS FILE NO.
85-359768 OF OFFICIAL RECORDS, SAID POINT BEING THE EASTERLY TERMINUS OF
THAT COURSE SHOWN AND DESCRl6ED IN SAID CERTIFICATE OF COMPLIANCE AS
NORTH 83'42'01' WEST, 254.06 FEET; THENCE RETRACING ALONG SAID SOUTHERLY
BOUNDARY LINE. NORTH 83'41'35' WEST (RECORD= NORTH 83'42'01' WEST), 61.33
FEET TO THE BEGINNING OF A NON-TANGENT 1462.00 FOOT RADIUS CURVE
CONCAVE EASTERLY, A WDIAL LINE TO SAID POINT BEARS NORTH 86'35'33' WEST;
THENCE LEAVtNG SAID SOUTHERLY BOUNDARY LINE, NORTHERLY ALONG THE ARC
OF SAID CURVE THROUGH A CENTRAL ANGLE OF 07'40'49' A DISTANCE OF 195.98
FEET; THENCE NORTH 11'05'16' EAST, 304.06 FEET TO THE BEGINNING OF A
TANGENT 25.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE
NORTHERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 95'04'30' A DISTANCE OF 47.48 FEET TO A POINT OF CUSP wm-1
A 2175.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY A RADIAL LINE TO SA10 POINT
BEARS NORTH 06'00'46' EAST, SAID POINT BEING ON THE SOUTHERlY RIGHT-OF-
WAY LINE OF PALOMAR AIRPORT ROAD AS DESCRIBED IN DEEDS RECORDED
AUGUST 25, 7988 FILE NO. 88426571 AND 88426572 Of OFFICIAL RECORDS; %ENCE
EASTERLY ALONG SAID SOUTHERLY RIGHT-OF-WAY UNE AND THE ARC OF SAiO
CURVE THROUGH A CENTRAL ANGLE OF 00'77'39' A DISTANCE OF 11.17 FEET TO THE
BEGINNING Of A COMPOUND 25.00 FOOT RADIUS CURVE CONCAVE
SOUTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 06'1825 EAST
THENCE EASTERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE Of 94'46'51' A DfSTANCE OF 41.36 FEET; THENCE
!c
. _^.
,
CONTINUING ALONG SAID SOUTHERLY RIGHT-OF-WAY THE FOLLOWING: SOUTH
11'05'16" WEST, 10.00 FEET; THENCE SOUTH 78'54'44" EAST, 102.00 FEET; THENCE
NORTH 11 '05'16" EAST, 30.56 FEET TO THE BEGiNNING OF A TANGENT 25.00 FOOT
RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE NORTHERLY AND
NORTHEASTERLY ALONG THE ARC OF SAID CURVE WROUGH A CENTRAL ANGLE OF
87"19'53" A DISTANCE OF 38.11 FEET; THENCE SOUTH 81'34'51' EAST, 9.01 FEtr TO A
POINT OF CUSP WITH A 25.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY A
RADIAL LINE TO SAID POINT BEARS NORTH 08'25'09' EAST; THENCE LEAVING SAID
SOUTHERLY RIGHT-OF-WAY LINE WESTERLY, AND SOUTHWESTERLY ALONG THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 87'1 9'53' A DISTANCE OF 38.7 1
FEET; THENCE SOUTH 11'05'16' WEST, 150.40 FEET TO THE BEGINNING OF A
TANGENT 45.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE
SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
29'22'30' A DISTANCE OF 23.07 FEET TO THE BEGINNING OF A REVERSE 25.00 FOOT
RADIUS CURVE CONCAVE SOUTHEASTERLY A RADIAL LJNE TO SAID POINT BEARS
NORTH 49'32'14' WEST; THENCE SOUTHERLY ALONG THE ARC OF SAiD CURVE
THROUGH A CENTRAL ANGLE OF 29'22'30' A DISTANCE OF 12.82 FEP, THENCE
SOUTH 11 '05'16' WEST, 181.26 FEET TO THE BEGINNING OF A TANGENT 1349.00 FOOT
RADIUS CURVE CONCAVE EASTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 06'18'04' A DISTANCE OF 148.36 FEET TO A
POINT ON THE SOUTHERLY BOUNDARY LINE OF SAID PARCEL 1; THENCE ALONG SAiD
SOUTHERLY BOUNDARY LINE, NORTH 81 '37'18' WEST (RECORD= NORTH 81'37'46'
WEST), 46.97 FEET TO THE POINT OF BEGINNING.
THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 1.302 ACRES MORE OR.
LESS.
JOHN W. HILL, JR.
HUNSAKES & ASSOCIATES SAN DIEGO. iNC.
LS. 5669
! 'RECOROING REQUESTED BY
, AND WHEN RECORDED, PLEASE MAIL TO:
city Clerk City of Carisbad 1200 Carfsbad Ullage Or. Carisbad, California 92008
MAIL TAX STATEMENTS TO:
EXEMPT
Space above this line for Recorder's Use
Project No. 8 Name
Cobblestone Sea Village
PA 3.2.85
The undersigned grantor@) dedare(s): Assessots Parcel No. 212-04049
Documentary transfer tax is $00 CT 84-32(A)
( ) computed on full value of property conveyed, or
( ) Unincorporated area: (x) City of carisbad. and
FOR A VALUABLE CONSIDERATION, receipt of which is hereby admdedged,
hereby GRANTS to
( ) computed on full value less value of liens and
encumbrances remaining at time of sale.
GMDtt'bdFtAm
Ricbard C. Kelly and Robert Patrick Kelly, Tnrstees under Oedaration of Trust dated November 25,1985.
City of Carisbad, a Munidpai Corporation
the following described real property in the City of Carisbad, County of San Diego, Sate of California: an easement for DRAINAGE PURPOSES over, under, upon and across said real propetty together with the right to construct, grade, inspect, operate, maintain. repair, replace and remove drainage faaiitjes and features within the bounds of said easement as described in Exhibit 'A' consisting of two (2) pages,
attached hereto and made a part hereof. Exhiba '8' ConSiSting of one page is attached for darity oniy.
DATED
STATE OF CALIFORNIA )
1 COUNn OF SAN DIEGO )
Name: RICHARD C. KELLY
(Type or Print)
On before me, Tie: TRUST€€
appeared t 8%
(Type or Print)
(Signature)
insert name and title of the offcer), personally
personally known to me (or proved to me on the
basis of satisfactory evidence) to be the person@)
whose name@) idam subsaibed to the within instru-
ment and acknowledged to m that hdsh-ey
executed the Same in hismerRheir authodzed
capacity(ies), and that by hMerRheir s$natUnr(S) Tle: TRUSTEE
on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the
instrument
Name: ROBERT PATRlCK KULY
(Type or Print)
(Type or Print)
WITNESS my hand and ofldal seal.
Signature
\
PARCEL 1 :
,. i3a
EXHIBIT
LEGAL DESCRIPTION
DRAINAGE EASEMENTS
PR 3.2.85
A STiilP OF LAND 20.00 FEET WIDE IN THE CI7Y OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, BEING THAT PORTION Of PARCEL 0 OF PARCEL MAP
NO. 2993, FILED IN THE OFfiCE OF THE COUNTY RECORDER OF SAID COUNTY ON
AUGUST 23, 1974 AS FlLE NO. 74-230326, THE CENTERLINE OF WHICH BEING
DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST WESTERLY CORNER OF PARCEL 1 OF PARCEL MAP NO.
15661, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNT ON MAY 5.
19% AS FILE NO. 89-239677, SAID POINT BEING ON THE WESTERLY SIDELINE Of A
102.00 FOOT WIDE EASEMENT FOR ROADWAY PURPOSES AS SHOWN AND
DEDICATED PER SAID PARCEL MAP NO. 15661, SAID POINT ALSO BEING A POINT ON A
1,451 -00 FOOT RADIUS CURVE, CONCAVE EASTERLY, A RADIAL LINE TO SAID POINT
BEARS SOUTH 8!Y1625" WEST; THENCE ALONG THE NORTHWESTERLY LINE OF SAID
PARCEL 1, NORTH 71'35'51" EAST, 103.27 FEETTO THE EASTERLY SIDELINE OF SAID
102.00 FOOT WiDE ROADWAY EAS€MENT, SAID POINT 8EING ME BEGINNING OF A
NON-TANGENT 1,349.00 FOOT RADIUS CURVE CONCAVE EASTERLY, A RADIAL LINE OF
SAID CURVE TO SAID POINT BEARS SOUTH 80'56'07" WEST; SAID POI& BEING ON
THE EASTERLY RIGHT-OF-WAY LINE OF AVlARA PARKWAY PER Crpl OF CARLSBAD
PROJECT NO. PR 3.4.2- AND PROJECT NO. PR 3.4.256; THENCE NORTHERLY'ALONG
SAID EASTERLY SlOEUNE AND THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 20'09'09' AN ARC LENGTH OF 474.a FEET; THENCE TANGENT TO SAID
CURVE NORTH 1 1'05'1 6" EAST, 181 26 FEET TO A TANGENT 25.00 FOOT RADIUS
CURVE CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 29'22'30' AN ARC LENGTH OF 12.82 FEET TO A
PAGE 1 OF 2
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1' I'
I
, POINT OF REVERSE CURVE HAVING A RADIUS OF 45.00 FE% THENCE .
NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGE OF 2~22'30- AN
ARC LENGTH OF 23.07 FE% THENCE TANGENT To SAID CURVE NORTH 11'05'16''
EAST. 1 17.07 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID
WSTERLY RIGHT-OF-WAY LINE, NORTH 78'29'04" EAST, 13.41 FE3 TO A TANGENT
45.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 70'03'5SAN ARC LENGTH OF
55.03 FEET; THENCE TANGENT TCI SAID CURVE NORTH 8'25'09" EAST, 10.25 FEET TO
A POINT ON THE SOUMERLY SIDELINE OF PALOMAR AIRPORT ROAD PER DOCUMENT
RECORDED AUGUST 25,1988, AS FIWAGE NO. 88-426571 OF OFFICIAL RECORDS,
SAID POINT BEING THE POINT OF TERMINUS OF SAID CENTERLINE.
THE SIDELINES OF SAID 20.00 FOOT WIDE STRIP OF LAND SHALL EE LENGTHENED OR
SHORTENED AS NECESSARY SO AS TO TERMINATE SOUTHWESTERLY IN THE
EASTERLY SIDELINE OF AVIARA PARKWAY PER CITY PROJECT NO. PR 3.4.256 SAID
EASESLY SlDELlNE BEARS NORTH 17'05'16' EAST THROUGH ME TRUE POINT OF
BEGINNING AND TERMINATE NORTHERLY IN THE SOUTHERLY SIDELINE OF PALOMAR
AIRPORT ROAD.
fOHN W. HILL, JR.
HUNSAKER &ASSOCIATES SAN DIEGO, INC.
L.S. 5669
.. . .. . - -. ..
ROAD 8-25&9
EXHIBIT
SKETCH TO ACCONPANY LEGAL DESCRIPTION
PALOMAR I A/RPORT
- --- -- - 'REPARED BY:
HUNSAKER d ASSOCIATES
San Diego, Inu. 16 191 558-4500
3HEET 2 OF 3 SHEETS
CITY OF CARLSBAD
DRAINAGE EASEMENT
LIE 0 I C AT I 0 N PR 3.2.85
ayt - uv
KHN W. HILL .JR. / L.S. 5669 DATE
I' I RECORblNG REQUESTED BY
PLEASE MAIL TO: >AND WHEN RECORDED,
City Clerk city of Carfsbad 1200 Carlsbad Village Or. Carlsbad. California 92008
MAIL TAX STATEMENTS TO:
EXEMPT
Space above this line for Recordeh Use
Project No. & Name
Cobblestone Sea Village
PR 2.3.114-
The undersigned grantofls) declarets): Assessor's Parcel No. 212-040.49
Documentary transfer tax is SA CT %%(A)
( ) computed on full value of property conveyed. or
( ) computed on full value less value of liens and
encumbrances remaining at time of sale.
( ) Unincorporated area: (x) City of Carlsbad, and
FOR A VALUABLE CONSIDERATION, receipt of which is hereby ackndedged,
hereby GRAMS to
umutk:P ob tsWaEm-
Richard C. Kelly and Robert Patrick Kelly, Trustees under Declaration of Trust dated November 25,1985.
City of Carlsbad, a Muniapal Corporation
the following desuibed real property in the City of Carlsbad, County of San Diego, Stateof CalHornia:
an easement for SLOPE AND CONSfRUCTlON PURPOSES over, under, upon and acmSS said reai
property together with the Fight to constntct, grade, remove and dew soil and construction materials, conduct operations related to the construction of adjacent facilities and features, dear, landscape, inspect and maintain within the bounds of said easement as described in Exhibd .A* ConsiSting of four (4) pages. attacbed hereto and made a part hereof. Exhibit '8' consisting of one page is attached for clarity only.
DAED
STATE OF CALlFORNlA )
1 COUKpl OF SAN DIEGO )
Name: RICHARD C. KELLY
(TW or Prfrd) - Of7 befom me, Tie: TRUSEE
appeared 1 8%
personally known to me (or proved to me on the
basis of satisfactory evidence) to be the person@)
whose name(s) idare subsaibed to the within insbu-
ment and acknowledged to me that he/stre/they
exeaRed the same in hislhtwtheir authoirred
capacity(les), and that by hislherRheir signature(s) Title: TRUSTEE
on the instNrnent the pemm(s), orthe entity upon
behalf of which the parson@) acted, executed the
instrument.
(here (Type or Print)
insert name and title of the officerj, penanally
(sisn-t-)
Name: ROBERT PATRICK KEKY
(Type or Print)
(Type or Print)
mESS my hand and afncial seal.
Sfgnaturn
LEGAL DESCRIPTION
PR 2.3.114
BEING A PORTION OF PARCELS 1 AND 2 OF CE8TIFlCATE OF COMPLIANCE
RECORDED SEPTEMBER 27, 1985 AS FILE NO. 85-359768 OF OFFICIAL RECORDS OF
SAN DIEGO COUNTY, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL 7 (SLOPE EASEMENT)
COMMENCING AT AN ANGLE POINT IN THE SOUWERLY BOUNDARY LINE OF PARCEL 1
OF SAID CERTIFICATE OF COMPLIANCE RECORDED SEPTEMBER 27, 1985 AS FILE NO.
85-359768 OF OFFICIAL RECORDS, SAID POINT BEING THE EASTERLY TERMINUS OF
THAT COURSE SHOWN AND DESCRIBED IN SAJD CERTIFICATE OF COMPLIANCE AS
NORTH 83O42'01' WEST, 254.06 FEm; THENC€ RETRACING ALONG SAID SOUTHERLY
BOUNDARY LINE, NORTH 83'41'35" WEST (RECORD= NORTH 83'42'01' WEST), 61.33
CONCAVE EASTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 86'3533' WEST;
THENCE LEAVING SAID SOUTHERLY BOUNDARY LINE NORTHERLY ALONG THE ARC
OF SAID 'CURVE THROUGH A CENTRAL ANGLE OF 06'01'17, A DISTANCE-OF 153.65
FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTHERLY ALONG
FEET TO THE BEGINNING OF A NON-TANGENT 1462.00 FOOT RADIUS CURVE
THE ARC OF SAID CURE THROUGH A CENTRAL ANGLE OF 01'3932' A DISTANCE OF
42.33 FEET; THENCE NORTH 11'05'16' EAST, 304.06 FER TO THE BEGINNING OF A
TANGENT 25.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE
NORTHERLY AND NORTHWESTERLY ALONG THE ARC OF SAJD CURVE THROUGH A
CENTRAL ANGLE OF 7935'38' A DISTANCE OF 34.73 FEET; THENCE SOUTH 12'17'34*
WEST, 245.05 F=EEl THENCE SOUTH 16'00'35" WEST, 48.56 FE,cT; THENCE SOUTH
89'50*07- WEST, 115.00 FEET; THENCE SOUTH 11-0729 WEST, 53.00 FEET; THENCE
. SOUTH 71'12'10" EAST, 106.06 FEET; THENCE NORTH 83'32'21" EAST, 40.00 FE€T TO
WE TRUE POINT OF BEGINNING.
THE HEFWNABOVE
LESS. k
PARCEL 2 (SLOPE EASEMENT)
COMMENCING AT AN ANGLE POINT IN ME SOUTHERLY BOUNDARY LINE OF PARCEL 1
OF SAID CERTIFICATE OF COMPLIANCE RECORDED SEPTEMBER 27, 1985 AS FILE NO.
85-359768 OF OFFICIAL RECORDS, SAID POINT BEING THE EASTERLY TERMINUS OF
THAT COURSE SHOWN AND DESCRIBED IN SAID CERnFlCATE OF COMPLIANCE AS
NORTH 83'42'01' WEST, 254.06 FEET; THENCE ALONG SAID SOUTHERLY BOUNDARY
LINE, NORTH 83'41'35" WEST (RECORD= NORTH 83'42'01' WEST), 81.33 FEET TO THE
TRUE POINT OF BEGINNING; THENCE RETRACING ALONG SAD SOUTHERLY
BOUNDARY LINE, SOUTH 83'41'35' EAST (RECORD= NORTH 83'42'01' WEST), 20.00
FEET TO THE BEGINNING OF A NON-TANGENT 1462.00 FOOT RADIUS CURVE
CONCAVE EASTSRLY, A RADIAL LINE TO SAID POINT BEARS NORTH 86'35'33" WEST;
THENCE LEAVING SAID SOUTHERLY BOUNDARY UNE, NORTHERLY ALONG THE ARC
OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02'11'09', A DISTANCE OF 55.78
FEET: THENCE NORTH 72'36'17" WEST, 9.16 FEET; THENCE SOUTH 15'2647" WEST,
58.25 FEET TO THE TRUE POINT OF BEGINNING.
THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.019 ACRE MORE OR
LESS. -.
PARCEL 3 (SLOPE EASEMENT)
COMMENCING AT AN ANGLE POINTIN THE SOUTHERLY BOUNDARY LINE OF PARCEL 1
OF SAID CERTIFICATE OF COMPLIANCE RECORDED SEPfEMEER 27,1985 AS FILE NO.
85-359768 OF OFFICIAL RECORDS, SAID POINT BEING THE EASTERLY TERMINUS OF
THAT COURSE SHOWN ANC DESCRIBED IN SAID CERTIFICATE OF COMPLIANCE AS
NORTH 83'42'01" WEST, 254.06 FEET; THENCE ALONG SAID SOUTHERLY BOUNDARY
LINE, SOUTH 81'37'18' EAST (RECORD= NORTH 8137'46' WEST), 78.97 FEET TO THE
PAGE 2 OF d-
TRUE POINT OF BEGINNING; THENCE RETRACING ALONG SAID SOUTHERLY
BOUNDARY LINE, NORTH 81'37'18' WEST, 32.00 FEET To THE BEGINNING OF A NON-
TANGENT 1349.00 FOOT RADIUS CURVE CONCAVE asTE8LY A RADIAL LINE TO SAID
POINT B€ARS NORTH 85'12'48' WEST; THENCE LmVING SAID SOUWE3LY
BOUNDARY LINE, NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 02'23'33' A DISTANCE OF 56.33 FE- THENCE SOUTH 72'36'17"
EAST, 25.00 FEET; THENCE SOUTH 02'04'44' EAST, 53.24 FEET TO THE TRUE POINT OF
BEGINNING.
THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.035 ACRE MORE OR
LESS.
COMMENCING AT AN ANGLE POINT IN THE SOUTHERLY BOUNDARY UNE OF PARCEL 1
OF SAID CERTIFICATE OF COMPLIANCE RECORDED SEPTEMBER 27,1985 AS FILE NO.
85-359768 OF OFFICIAL RECORDS, SA10 POINT BEING THE EASTERLY TERMINUS OF
THAT COURSE SHOWN AND DESCRIBED IN SAID CERTIFICATE OF COMPLIANCE AS
NORTH 83'42'01' WEST, 254.06 FEm THENCE ALONG SAID SOUTHERLY BOUNDARY
LINE, SOUTH 81'37'18' EAST (RECORD= NORTH 81'37'46' WEST). 46.97 FW TO THE
BEGINNING OF A N0N:TANGENT 1349.00 FOOT RADIUS CURVE CONCAVE EASTERLY,
A RADIAL LINE TO SAID POINT BEARS NORM 85'72'48' WEST; THENCE tEAVlNG SAID
SOUTHERLY BOUNDARY LINE, NORTHERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 06'18'04' A OISANCE Of 148.36 FEET; THENCE
NORTH 11'05'16' EAST, 130.00 FEET TO THE TRUE POINT Of BEGINNING; THENC€
CONTINUING NORTH 77'05'16' EAST, 51.26 FEET TO THE BEGINNING OF A TANGENT
25.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE NORTHERLY ALONG THE
"
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 29'22'30'A DISTANCE OF 1282
FEET TO THE BEGINNING OF A REVERSE 45.00 FOOT RADIUS CURVE CONCAVE
NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 49'32'14' EAST;
mENCE NORMERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE
OF 29'22'30' A DISTANCE OF 23.07 FEET; THENCE NORTH 11'05'16' EAST, 150.40
-\ c
,
'. . . \' 1 +, 134
'. TO THE BEGINNING OF A TANGENT 25-00 FOOT RADIUS CURVE CONCAVE
'SOUTHEASTEXLY: THENCE NORTHEASTERLY AND EASTERLY ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 87'19'53' A DISTANCE OF 38.1; FEZ
TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF PALOMAR AIRPORT ROAD
AS DESCRIBED IN DEEDS RECORDED AUGUST 25, 1988 FILE NO. 88-425571 AND 86-
426572 OF OF FlClAL RECORDS; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY
LINE. SOUTH 81'34'51' EAST, 59.00 FEET; THENCE LEAVING SAID SOUTHERLY RIGHT-
Of-WAY LINE, SOUTH 09"43'01' WEST, 287.29 FEET THENCE NORTH 27'20'57" WEST.
30.00 FEET; THENCE NORTH 78'54'44'' WEST, 80.00 FEET TO THE TRUE POINT OF
BEGi NNlN G.
THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.532 ACRE MORE OR
LESS.
RCEL 5 (TEMPORARY CONSTRUCTION EASEMENT)
AN ANGLE POINT IN THE SOUTHERLY BOUNDARY
85-359768 OF OFFICI , SAID POINT BEIN TERLY TERMINUS Of
ATE OF COMPLIANCE AS THAT COURSE SHOWN AN
7-
NORTH 83"42'01' WEST, 254.06 F ING ALONG SAID SOUTHERLY
BOUNDARY LINE, NORTH 83'41 '35' RD= NORTH 83'42'01' WEST), 81.33
FEET TO THE TRUE POINT OF E CONTINUING ALONG SAID
SOUTHERLY BOUNDARY UNE. N .OO FEET; THENCE LEAVING
177.59 FEET; THENCE , NORTH 2478'09"
NORTH 1 1'07'25"
THENCE NORTH 11 EAST. 185.00 FEW, TO A POINT E SOUTHERLY
DEDICATION PLAT - CIM OF CARLSBAD
4PPLICANT : PREPARED BY: I PROJECT I A.P.N.: 21 2-040-49
SLOPE EASEMENT AND -2-94 TEMWRARY CoNsTRucnoN PAC WEST GROUP, INC. 550 WEST " C" STREET SUITE 1750
(619) 544-9100 PR 2.3.114 EXHIBIT 30" W. HILL, fi. L.S. 5669 EASEMENT AND DRAINAGE
SAN DIEGO, CA 92101 EXPIRES: 9/30/99 EASEMENT
REO0RDIF.G REQUESTED BY
.AND WHEN RECORDED, . PLf3SE MAIL TO:
City Clerk City of Carlsbad 1200 Carlsbad Village Or. Cadsbad. California 92008
MAIL TAX STATEMENTS TO:
EXEMPT
Space above this line for Recordef s Use The undersigned grantor(s) deciare(s): Documentary transfer tax is $&QQ
( ) computed on full value of property conveyed, or
( ) computed on full value less value of liens and
Assessots Pard No. 212-04049
Project No. & Name CT 8&32(A) Cobblestone Sea Vnlaqe
PL 2.7.114-
encumbrances remaining at time of sale.
( ) Unincorporated area: (x) City of Wsbad. and
Gm UttU OF MSteN I
~~ ~~
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged.
Richard C. Kelly and Robert Patrick Kelly, Trustees under Declaration of Trust dated November 25,1985.
hereby GRANTS to
City of Carlsbad, a Municipal Corporation
the following described real property in the City of Cadsbad. County of San Diego, S&te of California: an easement for TEMPORARY CONSTRUCTION PURPOSES over, upon and across said real property with the right to conduct operations related to the construction of adjacent facilities and features, as described in Exhibit 'P? consisting of three (3) pages, attached hereto and made a part hereof. Exhibit '8"
consisting of one page is attached for clarity only. Said easement to expire on February 1, 1999 or at the end of construction, whichever comes first
DATED
STATE OF CALIFORNIA )
1 COUNTY OF SAN OlEGO )
On before me.
insert name and title of the officer), personally appeared 1
personally known to me (or proved to me on the
basis of satisfadory evidence) to be the person(s).
whose name@) is/are subsaibed to the within instru-
ment and acknowledged to me that helshelttiey
exmted the same in hislherftheir authomed
capauty(ies), and that by hier/tfieir signature(s)
on the instrument the person(s), or the entity upon
behalf of which the person@) aded, executed the
instrument
(hW9
WITNESS my hand and offidal seal.
Signature
mLI*STERfiMRYSY;ltnrDQOIRll
By:
(Signature)
Name: RICHARD C. KELLY -
(Type or Print)
Title: TRUSTEE
(Type or Print)
By:
(Signature)
Name: ROBERT PATRICK KELLY
(Type or Print)
Ttle: TRUSTEE
(Type or Print)
A- u- -97 -. .. .' I
TERLY; THENCE NORTHEASTERLY AND EASTERLY ALON
ROUGH A CENTRAL ANGLE OF 87'19'53" A 01s
AIRPORT ROAD
0.a8-426~1 AND 88-
426572 OF OFFICIAL RECO SAID SOUTHERLY RIGHT-OF-WAY
LINE, SOUTH 81'34'51" EAST, 59.0
Of-WAY LINE, SOUTH 09'43'0 CE NORTH 27'20'57" WEST,
NOT A 44w
PARCEL 5 (TEMPORARY CONSTRUCTlON EASEMENT)
COMMENCING AT AN ANGLE POINT IN THE SOUTHERLY BOUNDARY LINE OF PARCEL 1
OF SAID CERTIFICATE OF COMPUANCE RECORDED SEPTEMBER 27,1985 AS FILE NO.
85-359768 OF OFFiCtAL RECORDS, SAID POINT BEING THE EASTERLY TERMINUS OF
THAT COURSE SHOWN AND DESCR18ED IN SAID CERTIFICATE OF COMPUANCE AS
NORTH 83'42'01' WEST, 254.06 FEET; THENCE RETRACING ALONG SAID SOUTHERLY
BOUNDARY LINE, NORTH 83'41'35 WEST (RECORD= NORTH 83.42'01: WEST), 81.33
FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID
SOUTHEFiLY BOUNDARY UNE, NORTH 83'41'35 WEST, 60.00 THENCELEAVING
SAKI SOUTHERLY BOUNDARY UNE, NORTH 24'28'09" WEST, 177.59 Etr; THENCE
..
NORTH 11'07'25" EAST, 90.44 FEET; THWC€ NORTH 5627'40" EAST, 153.60 %E'C
THENCE NORTH it'O7'2S EAST, 185.00 EtT; TO A POINT ON THE SOUMERW
RECORDED AUGUST 25, 1988 FILE NO. 88-426~1 AND 88-426~2 OF omcw
RIGHT-OF-WAY LINE OF PALOMAR AlRPORT ROAD AS DESCRIED IN. DEEDS
RECORDS SAID POINT BEING ON THE ARC OF A 2175.00 FOOT RAOIUS CURVE
CONCAVE SOUTHERLY, A RADIAL LINE TO SA10 POINT WARS NORTH 05'08'05" EAST,
THENCE EASTEXY ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE AND THE ARC OF
,*".
\ " 1
SAID CURVE THROUGH A CENTZAL ANGLE OF 0 " A OISTANCE OF 33.33 FEET
' TO THE EEGINNING OF A COMPOUNO 25.00 FOOT RADIUS CURVE CONCAVE
SOUTHWESTERLY; THENCE LEAVING SAID SOUTHERLY RIGHT-OF-WAY LINE
SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTFiAl ANGLE OF
15'28'52" A DISTANCE OF 6.75 FEET; THENCE SOUTH 12'17'34" WEST, 245.05 FEET;
THENCE SOUTH 16'00'35" WEST, 48.56 FEET THENCE SOUTH 89'50'07" WEST, 11 5.00
FEET; THENCE SOUTH 71'07'25" WEST; 53.00 FEET; THENCE SOUTH 71'12'10" EAST,
106.06 FE-y THENCE SOUTH 83.32'21" WEST, 35.16 FEET; THENCE
WEST, 67.68 FEET; THENCE SOUTH 72'36'17" EAST, 61.37 FEET;
15'26'47" WEST, 58.25 FEET TO THE TRUE POINT OF BEGINNING.
THE HEREINABOVE DESCRJBED PARCEL OF LAND CONTAINS 0.750
LESS.
SOUIH 04'35'28"
THENCE SOUTH
ACRE MORE OR
PARCEL 6 (TEMPORARY CONSTRUCTION EASEMENT)
COMMENCING AT AN ANGLE POfNT IN THE SOUTHERLY BOUNOARY LINE OF PARCEL 1
OF SAID CERTIFICATE OF COMPLIANCE RECORDED SEPTEMBER 27.1985 AS FILE NO.
85-359768 OF OFFICIAL RECORDS, SAID POINT BEING THE EASTERLY TERMINUS OF
THAT COURSE SHOWN AND OESCRl8EO IN SAID CERTIFICATE Of COMPLIANCE AS
NORTH 83'42'01' WEST, 254.06 FEET; THENCE ALONG SAID SOUTHERLY 80UNDARY
LINE, SOUTH 81'37'18' EAST (RECORD= NORTH 81'37'46' WEST), 78.97 FEtr TO THE
TRUE POINT OF BEGINNING; THENCE LEAVING SAID SOUTHERLY 80UNDARY UNE,
NORTH 02'04'44' WEST, 53.24 FEET; THENCE SOUTH 72'36'17" EAST, 121.23
THENCE SOUTH 07'31'04'' WEST, 33.36 FEET TO A POINT ON SAID SOUTHERLY
BOUNDARY LINE; TJ-ENCE ALONG SAID SOUTHERLY 80UNDARY LINE, NORTH
81 '37'7 8' WEST, 110.57 FEET TO THE TRUE POINT OF BEGINNING.
THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.112 ACRE MORE OR
LESS.
i
. _____---.. -.- .. . ;.- -- - -..-I,-. I-- ...__.. -.
\; , .a I
$\ I
PARCEL 7 (TEMPORARY CONSTRUCTION EASEMENT)
COMMENCING AT AN ANGLE POINT IN THE SOUTHERLY BOUNDARY LINE OF PARCEL 1
OF SAID CEiiTlFICATE OF COMPLIANCE RECORDED SEPTEMBER 27, 7985 AS FILE NO.
85-359768 Of OFFICIAL RECORDS, SAID POINT BEING THE EASTE3LY TERMINUS OF
THAT COURSE SHOWN AND DESCRIBED IN SAID CERTIFICATE OF COMPLIANCE AS
NORTH 83'42'01' WEST, 254.06 FEFT; THENCE ALONG SAID SOUTHEXLY BOUNDARY
LINE, SOUTH 81'37'18" EAST (RECORD= NORTH 81'37'46' WEST). 78.97 FES THENCE
CONTINUING ALONG SAID SOUTHERLY BOUNDARY LINE, SOUTH 81'37'18' EAST
(RECORD= NORTH 81'3746' WEST), 110.57 FEET THENCE LEAVING SAID SOUTHERLY
BOUNDARY LINE, NORTH 07'31'04' EAST, 198.36 FEET TO THE TRUE POINT OF
BEGINNING; THENCE CONTINUING NORTH 07'31'04" EAST, 338.89 FEET TO A POINT ON
THE SOUTHERLY RIGHT-OF-WAY UNE OF PALOMAR AIRPORT ROAD AS DESCRIBED
IN DEEDS RECORDED AUGUST 25, 1988 FIE NO. 88426571 AND 88426572 OF
OFFICIAL RECORDS; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, NORTH
81 '34'51' WEST, 25.36 FEr7; THENCE LEAVING SAID SOUTHERLY RIGHT-OF-WAY UNE,
SOUTH 09'43'01' WEST, 287.29 FEET; THENCE SOUTH 27'20'57' EAST, 63.64 FEET TO
THE TRUE POINT OF BEGINNING.
+HE HEREINABOVE DESCRIBED PARCEL Of LAN0 CONTAINS 0.225 ACRE MORE OR
LESS.
EASEMENT) 0~ 4 QA &7
POINT IN THE NOARY LINE OF PARCEL 1
OF SAID CERTIFICATE 0 €PTEMBER 27, 1985AS FILE NO.
THAT COURSE SHO OF COMPLIANCE AS
NORTH 83'42'01' 6 FEET THENCE RElRAC IO SOUMERLY
TH 83'41'35 WEST (RECORD= NORTH -
:M M:UEGALS\1756WZA1LDOC EXHI1917 v%'' fMG30C3 W1756-2 lzltMs
LEGEND: I
4P P LI CAN T : PREPARED BY PROJECT
SLOPE EASEMENT AND 550 WEST C" STREET -2% TEMPORARY CoNsmucnoN
SAN DIEGO, CA 92101 EXPIRES 9/30/99 EASEMENT
PAC WEST GROUP, INC.
SUITE 1750
(61 9) 544-91 00
$0" W. HILL, dk. L.S. 5669 EASEMENT AND DRAINAGE
PR 23.114
vd INDICATES SLOPE EASEMENT
INDICATES TEMPORARY
CONSTRUCTION EASEMENT
A.P.N.: 21 2-040-49
EXHIBIT
INDICATES DRAINAGE EASEMENT .a\*' . e sA
I! 19s DATA TABLE 0 OELTA/BEARING RADIUS LEN./DIST.
0 29'22'30" 25.00 12.82
-
29' 22 ' 30 45.00 23.07
87' 19'53" 25.00 38.11
@ (3 I I
0'52'41' I 2175.00 33.33 I
@ I 79'35'38" I 25.00 I 34.73 11 v
15' 28 ' 52' 25.00 6.75
67.68
@ fi N 04'35'28"E I @ i N 15'26'47"E i 58.25 I
G9l 2O23'33" I 1349.00 I 56.33 11
~ ~ @ N 83"32'21"E 75.16 a N 72'36'17"W 70.53 I I I
3'50'08" I 1462.00 97.87 I @I 2'11'09" I 1462.00 I 55.78 11 I I I Gi 6'01'17" I 1462.00 I 153.65 I
-* I
REC~RDIN~ REQUESTED BY
AND WHEN RECORDED, ‘pU3SE MAIL TO:
city Clerk city of Carlsbad 1200 Carfsbad Village Or. carlsbad, California 92008
’. ..
MAIL TAX STATEMENTS TO:
EXEMPT
Space above this line for Recorder‘s Use
Project No. 8 Name
Cobblestone Sea Village PR 2 .3 .114
The undersigned grantor@) dedare(s): Assessor‘s Parcel No. 212-04069
Documentary transfer tax is $00 CT 8432(A)
( ) computed on full value of ptuperty canveyed, or
( ) computed on full value less value of liens and
( ) Unincorporated area: (x) City of Carlsbad, and
FOR A VALUABLE CONSIDERATION. receipt of which is hereby ahowledged,
hereby GWNTS to
encumbrances remaining at time of sale.
GmttUmstMmT
Richard C. Kelly and Robert Patrick Kelty, Trustees under Oedaration of Trust dated November 25,1985.
City of Carlsbad, a Municipal Corporation
the following described real property in the City of Carfsbad, County of San Diego, State of California:
an easement for ORAJNAGE PURPOSES over, under, upon and am said real’ property together with the right to constnrc!, grade, inspect, operate, maintain. repair, replace and remove drainage facilities and
features within the bounds of said easement as described in Exhibit ‘A’ consisting of two (2) pages,
attached hereto and made a part hereof. mibit ‘8’ consMng of one page b attached for clarity only.
DATED
STATE OF CALIFORNIA )
1 COUNTY OF SAN OlEGO )
On before me,
insert name and title of the officerj, personally
appeared # personally known to me (or proved to me on the
basis of satisfadory evidence) to be the person(S)
whose name(s) idam subscribed to the within instru-
ment and acknowledged to me that he/she/they
executed the same in hmentheir authorized
capacity(ies), and that by hishefitheir signatUn?(S)
on the instrument the person@), or the entity upon
behalf of which the pemn(s) acted, executed the
instrument
(here -
WITNESS my hand and official seal.
8y:
(Signature)
Name: RICHARD C. KULY
(Type or Print)
Tie: TRUSTEE
(Type or Print)
By: (Signature)
Name: ROBERT PATRICK KELLY
(Type or Print)
Tie: TRUSTEE
(Type or Print)
..
ARCEL 7 (TEMPORARY CONSTRUCTiON
NG AT AN ANGLE POINT IN ME SOUTHERLY BOUNDARY LINE
85-359768 OF
THAT COURSE SH
RECORDS, SAID POINT BEING THE
D DESCRJBED IN SAJD CERTIFIC F COMPLIANCE AS
NORTH 83'42'01' WEST, 6 FEcT THENCE ALONG OUTHESLY BOUNDARY
(RECORD= NORTH 81 '37'46' WEST),
BOUNDARY LINE, NORTH 07'31'04'
BEGINNING: THENCE CONTINU ST, 338.89 FEET TO A POINT ON
ME SOUTHERLY RIGHT4 JRPORT ROAD AS DESCRlBED
IN DEEDS RECORDED A T 25. 1988 FILE N 26571 AND 88-426572 OF
OFFlCiAL RECORDS ALONG SAID SOUTHER1
8 1 '34'5 1 " WEST,
THENCE LEAVING SAID SOUTHERLY
ST, 287.29 FEET; THENCE SOUTH 27~0'r
NOT A PAW T OF EEGINNING.
REINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.225 ACRE MOR
COMMENCING AT AN ANGLE POINT IN THE SOUTHERLY BOUNDARY LINE OF PARCEL 1
OF SAID CERTIFICATE OF COMPLIANCE RECORDED SEPTEMEEK 27,1985 AS RLk NO.
85-359768 OF OFFlCfAL RECORDS, SAID POINT BEING THE E4STERLY TERMINUS OF
THAT COURSE SHOWN AND DESCRIEED IN SAJD CERTIFICATE OF COMPWCE AS
NORTH 83-42'07= WEST, 254.06 FEET; THENCE RETRACING ALONG SAfD SOUTHERLY
BOUNDARY UNE, NORTH a3*41*3~ WEST (RECORD= NORTH 83-4~01' WEST), 61.33
FEET TO THE BEGINNING OF A NON-TANGENT 146200 FOOT RADIUS CURVE
CONCAVE EASTERLY, A RADIAL UNE TO SA10 POINT BEARS NORTH 863533' WEST; - ~~~flg~7 ?&" PAC;€ I w c MNEGALS\1751M02A16.DOC WO IiS8-t IYIM~
-- - , -.- .-._. .-. . . ... ~ - . .. . - . .. .. .
I .' .* .\.
I& THENCE LEAVING SAID SOUTHERLY 60UND INE, NORTHERLY ALONG THE ARC
, *' ' OF SAID CURVE THROUGH A CENTRAL ANGLE Of 06'01'1T, A DISTANCE OF 153.65
FEET TO THE TRUE POINT OF BEGINNING A RADIAL LINE TO SAID POINT BEARS
NORTH 80'34'16' WEST: THENCE RETRACING SOUTf-ERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 03'50'08' A DISTANCE OF 97.87 E=;
THENCE NORTH 72'36'17" WEST, 70.53 FE- T"ENCE NORTH 04'35'28" EAST, 67.68
FEET; THENCE NORTH 83'32'21" EAST, 75.16 FEET TO THE TRUE POINT OF
BEG INNING.
THE HEREINABOVE OESCRIEED PARCEL OF LAND CONTAINS 0.734 ACRES MORE OR
LESS
PARCEL 9 (DRAINAGE EASEMENT)
COMMENCING AT AN ANGLE POINT IN THE SOUTHERLY BOUNDARY UNE OF PARCEL 1
OF SAID CEiiTlFlCATE Of COMPLIANCE RECORDED SEPTEMBER 27,1985 AS FILE NO.
85-359768 OF OFFfCIAL RECORDS, SAID POINT BEING THE EASTERLY TERMINUS OF
THAT COURSE SHOWN AND DESCRIBED IN SAID CERTIFICATE OF COMPLIANCE AS
NORTH 83'42'01' WEST, 254.06 FEm THENCE ALONG SAID SOUTHERLY BOUNDARY
LINE, SOUTH 81'37'18' EAST (RECORD= NORTH 81'37'46' WEST), 78.97 FEET; THENCE
CONTINUING ALONG SAID SOUTHERLY BOUNDARY UNE, SOUTH 813718' EAST
(RECORD= NORTH 81'37'46' WEST), 110.5' FEET; THENCE LEAVING WD-SOUTHERtY
BOUNDARY UNE, NORM 07'31'04' EAST, 33.36 FEET TO THE TRUE POINT OF
BEGiNNING; THENC€ CONTTNUING NORTW 0731'04' EAST, 165.00 FEET; THENCE
* NORTH 2770'sir WEST, 93.64 FEtr, THENCE NORTH 78'54'44" WEST. 80.00 F.'EET;
THENCE SOUTH 11'0516" WEST, 130.00 FEET TO THE EEGINNING OF A TANGENT
1349.00 FOOT RADIUS CURVE CONCAVE SOUl"EASTuILY; THENCE SOUTHERLY
ALONG THE ARC OF SAID CURVE THROUGH A C-L ANGLE Of 03'5431' A
CISTANCE OF 92.03 FEET; THENCE SOUTH 72361T EAST, 146.23 FEET TO THE TRUE
POINT OF BEGlNNING.
.
AREA: o.GqG ACE6 lUblCG La- - 'A '
**
DATA TABLE -
4P PLI CAN T : PREPARED BY: PROJECT
SLOPE EASEMENT AND -2-94 TEMPORARY CoNsmucnoN PAC WEST GROUP, INC. 550 WEST " C" STREET SUITE 1750 SAN DIEGO, CA 92101 (61 9) 54441 00
30" W. HILL, dk. L.S. 5669 EASEMENT AND DRAINAGE EXPIRES: 9/30/99 EASEMENT PR 2.3.114
..
LEGEND: t rTA INDICATES SLOPE EASEMENT
A.P.N.: 21 2-040-49
EXHIBIT
INDICATES TEMPORARY CONSTRUCTION EASEMENT h\\Y INDICATES DRAINAGE EASEMENT .%'Ley\
. sh
0 OELTA/BEARIffi RADIUS LEN./DIST. - m 29' 22 ' 30 25.00 12.82
29'22'30" 45.00 23.07
87' 19'53" 25.00 38.11
0 (3
33.33
79' 35 '38' 25.00 34.73
15'28'52' 25.00
67.68 I @ i N 15'26'47-E i 58.25 I
(31 2'23'33" I 1349.00 I. 56.33 11 & ' N 83'32'21"E 75.16
N 72'36'17"W 70.53
~ 3' 50 '08 " 1462.00 97.87
2' 11'09" 1462.00 55.78
63 (a -a I 6°02'17m I 1462.00 1 153.65 11
*. *. ; ’ Recording Requested by
San Diego Gas & Electric Company
When recorded, mail to:
San Diego Gas & Electric Company
P.O. Box 1831
San Diego, CA 92 1 12
Attn: Office Services, EB 5
SPACE ABOVE FOR RECORDER‘S USE
Project No.: 702935-050
Const. No.: 2583543
APN NO.: 212-040-49
Transfer Tax None
SAN DIEGO GAS & ELECTRIC COMPANY
EASEMENT
RICHARD C. KELLY AND ROBERT PATRICK KELLY, Trustees Under Declaration of Trust
Dated November 25, 1985 hereinafter called “Grantor”, grants to SAN DIEGO GAS & ELECTRIC
COMPANY, a corporation, “Grantee”, an easement and right of way to erect, construct, change the size
of, improve, reconstruct, relocate, repair, maintain and use facilities consisting of (1) Underground
electric facilities, and appurtenances for the transmission and distribution of electricity, (2) Underground
communication facilities, and appurtenances, together with the right of ingress thereto and egress therefrom
over said easement and over other practical routes across Grantor’s land situated in the County of San
Diego, State of California.
Parcel 2 of Adjustment Plat No. 295, filed February 15, 1990 at Document No 90-085877 in the
Office of the County Recorder of said County of San Diego, described in a Deed recorded May 14, 1990-
at Recorder’s Filepage No. 90-2633 14 of Official Records of said County Recorder.
The said easement in the aforesaid land shall be 8.00 feet in width, the centerline of which shall be
the centerline of the facilities as installed on Grantor’s property, the approximate location being shown and
delineated as “Utility Facilitis” on the Exhibit “A” attached hereto and made a part hereof.
Grantor will exercise only such reserved rights in said land as will not interfere with or prohibit the
free and complete use and enjoyment by Grantee, its successor or assigns, of the rights hereby granted.
Grantee shall have the right to assign any or all rights granted in this easement in whole or in part to other
companies providing utility or communication services. Grantee shall have the right to top, cut, remove, or
trim interfering plants and trees, and to keep said easement free from and to prevent any person, including
Grantor and successors and assigns, from erecting, placing, or storing on said easement any flammable or
other hazards and any structures, objects, or earth fillskuts or other obstructions, except walls and fences.
Dated
BY:
RICHARD C. KELLY, Trustee
BY:
ROBERT PATRICK KELLY, Trustee
Prepared by snyder
Date 9-22-97
H:\R\M.dot.. BAJ
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RONALD R. BALL, City Attorney, State Bar No. 74 105 CITY OF CARLSBAD
Carlsbad, CA 92OOl-1989
ASARO, KEAGY, FREELAND & MCKMLEY By: ROSCOE D. KEAGY, State Bar No. 32541 By: RICHARD R. FREELAND, State Bar No. 64 Fourth Floor, 3 170 Fourth Avenue San Die o CA 92103 (6 19) 28713 1 70
Attorneys for Plaintiff CITY OF CARLSBAD
KENNETH 11 "E! E MART& ~~ 1200 Carlsbad Villa e Drive Clerk Suprirv roue
OCT 9 1998
SUPERIOR COURT OF
FOR THE COUNTY OF SAN DIEGO
CITY OF CARLSBAD, A Municipal Corporation,
Plaintiff,
V.
RICHARD C. KELLY and ROBERT PATRICK KELLY Trustees under Declaration of Trust dated November 25,1985; SAN DIEGO GAS&ELECTRIC COMPANY, and, DOES 1 Through 100, Inclusive,
Defendants.
NO. N73929-1
DECLARATION OF RICHARD R. FREELAND IN SUPPORT OF APPLICATION FOR FINAL ORDER OF CONDEMNATION (CODE CIV. PROC. SEC. 1268.030)
Dept: #25/ Terry B. O'Rourke
I, RICHARD R. FREELAND, declare as follows:
I am an attorney-at-law duly licensed to practice in all courts in California and am a member of
the law firm of Asaro, Keagy, Freeland & McKinley. Asaro, Keagy, Freeland & McKinley is special
counsel for the City of Carlsbad for the within matter.
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On September 22, 1998, this court entered astipulated judgment in the within action. Pursuant
to the terms of the stipulated judgment, Plaintiff has distributed the total sum of $410,000.00 to
Defendants RJCHARD C. KELLY and ROBERT PATRICK KELLY Trustees under Declaration of
Trust dated November 25, 1985, to satisfy the terms of the judgment. Pursuant to California Code of
Civil Procedure Section 1268.030, Plaintiff is now entitled to a final order of condemnation.
I declare under penalty of perjury that the foregoing is true and correct to the best of my
information and belief.
Executed at San Diego, California, this 5 day of oef: , 1998.
V RICHARD R. FREELAND
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RONALD R. BALL, City Attorney, State Bar No. 74105 CITY OF CARLSBAD 1200 Carlsbad Villa e Drive
ASARO, KEAGY, FREELAND & MCIUNLEY By: ROSCOE D. KEAGY, State Bar No. 32541 By: RICHARD R. FREELAND, State Bar No. 64092 Fourth Floor, 3 170 Fourth Avenue San Die 0, CA 92103 (6 19) 287-3 170
Attorneys for Plaintiff CITY OF CARLSBAD
1. I
:. . Carlsbad, CA 9200 f -1989
OCT 9 7998
By: -- . M. FARlAS UEFi ;$,
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN DIEGO
CITY OF CARLSBAD, A Municipal Corporation,
Plaintiff,
V.
RICHARD C. KELLY and ROBERT PATRICK KELLY Trustees under Declaration of Trust dated November 25,1985; SAN DIEGO GAS&ELECTRIC COMPANY; and, DOES 1 Through 100, Inclusive,
Defendants.
NO. N73929-1
APPLICATION FOR FINAL ORDER OF CONDEMNATION
(CODE CIV. PROC. SEC. 1268.030)
Dept: #25/ Terry B. O'Rourke
Plaintiff in the above-entitled condemnation proceeding does hereby apply to the Court for a
Final Order of Condemnation condemning the real property described in said order and vesting title to
the subject property in plaintiff.
...........................
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This application is made pursuant to the provisions of Section 1268.030 of the Code of Civil
Procedure.
Judgement in condemnation was entered in the above-entitled proceeding on or about September
22, 1998, and the full amount of the Judgment has been paid in accordance with the Judgment. See
Declaration of Richard R. Freeland attached hereto.
Plaintiff requests that the Court make a Final Order of Condemnation. The proposed final order
of condemnation approval as to form by Plaintiffs attorney and Defendants’ attorney is enclosed
herewith.
Dated: /o/S/?a ASARO, KEAGY, FREELAND & MCKINLEY / Special Counsel
By:
Attorneys for Plaintiff
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February 3,1999
TO: City Clerk
FROM: City Attorney
CITY OF CARLSBAD V. KELLY: SDG&E - CASE NO. N73929-1
Attached to this memorandum, please find the recorded copy of the “Final Order of
Condemnation” in this case which was recorded on December 9, 1998. The original
order is on file with the Court. Please make this copy part of your permanent files which
vests as property in the City of Carlsbad which was required for the Aviara Parkway
project.
I appreciate your cooperation and courtesy i Prd-
RONALD R. BALL
City Attorney
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c: City Manager
October 27, 1998
TO: City Clerk
FROM: City Attorney
CITY V. KELLY, CASE NO. N73929-1 - FINAL ORDER OF CONDEMNATION
Attached is the Final Order of Condemnation in the above referenced action. Please
keep it with the City’s permanent records. Tknk you for your assistance in this regard. +A RONAL R.BALL
City Attorney
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attachment
c: Risk Manager
September 24, 1998
TO: City Clerk
FROM: City Attorney
CITY OF CARLSBAD V. KELLY
Attached to this memorandum are fully executed and conformed copies of the
Stipulation for Judgment and Stipulated Judgment. Please make these copies a part of
the City’s permanent records. The originals are on file with the Superior Court.
RONALD R. BALL
City Attorney
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SUPERIOR COURT OF THE STATE OF CALIFORVLA
FOR THE COUNTY OF SAY DIEGO
CITY OF CARJSBAD, A Municipal Corporation, ) NO. N73929-1
)
Plaintiff, STIPULATED JUDGMENT
) 1 1 ) )
V.
UCHARD C. KELLY and XOBERT PATRICK KELLY rrustees under Declaration of rrust dated November 25, 1985; 3AN DIEGO GAS&ELECTRIC COMPANY; md, DOES 1 Through 100, 1
1 Dept: 525/ Terry B. O'Rourke nclusive, 1
1 Defendants.
It appearing to the Court that Plaintiff CITY OF CAEUSBAD, through its attorneys of record,
CONALD R. BALL, City Attorney, and ASARO, KEAGY, FREELAVD & MCKINL,EY, SpeciaI
:ounsel, by RICHARD R. FREELAND, and Defendants RICHARD C. KELLY and ROBERT
'ATRICK KELLY, Trustees under Declaration of Trust dated November 35, 1985, through their
.ttomeys, DETISCH & CHRISTENSEN, by DONALD W. DETISCH, have stipulated that Judgment
s hereinafter set forth may be entered; and it further appearing to be a proper case therefor;
, . . . . . . . . . .
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IT IS ORDERED, ADJUDGED AND DECREED:
1. That Plaintiff seeks to take, acquire and condemn the rizhts, title and interest in real
property as described and depicted in E’xhibit ‘I 1 I’ to Plaintiffs Complaint and Exhibit I‘ 1 ‘I to Plaintiffs
Supplemental Complaint, to which reference is hereby made and by this reference, said descriptions are
made a part hereof as if fully set forth;
2. That the condemnation and taking thereof is for the public purposes set forth in the
Complaint and Supplemental Complaint and is necessary for such public use;
3. That the payment to defendants RICHARD C. KELLY and ROBERT PATRICK
KELLY Trustees under Declaration of Trust dated November 25,1985, of the sum of $4 10,000.00 and
other considerations set forth in E-uhibit “A” attached hereto and incorporated herein by this reference,
for the taking of the real property and interests in real property, shall constitute hll and final payment
for the condemnation and taking of said real property and interests in real property, and extinguishes all
defendants’ claims which could have been made in this action, including, but not limited to compensation
for improvements, severance damages, interest, fees, costs, litigation expenses, precondemnation
damages, other damages, and all defendants’ claims relating solely to this action; Defendants reserve any
rights and claims they may have relating to the Palomar Airport Road Assessment District.
4. That said payment as hereinabove specified shall terminate, cancel, and extinguish all
liens, leaseholds, and encumbrances of whatsoever nature on said real property;
5. That defendant SAN DIEGO GAS & ELECTRIC COMPANY filed a disclaimer and
having filed a disclaimer, said defendant is not entitled to any compensation herein;
IT IS FURTHER ORDERED, ADJUDGED AND DECREED:
6. That said total sum of $41 0,000.00 be distributed to Defendants RICHARD C. KELLY
and ROBERT PATRICK KELLY, Trustees under Declaration of Trust dated November 25, 1985, and
their attorneys, DETISCH CHRISTENSEN & WOOD, and mailed to 444 West C Street #200, San
Diego,CA 92101; and
That the County Treasurer is herein authorized to issue a warrant to Plaintiff for the balance of
he principal sum previously deposited with the Court, if any, plus all accrued interest to the date of the
withdrawals;
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7. That the rights, benefits and obligations inuring to the parties pursuant to this stipulation
for judgment and stipulated judgment including Exhibit “A?’ thereto shall be binding upon the parties
heirs, assigns and successors in interest;
8. That Plaintiff take, acquire, condemn and own the interests in said real property referred
to and described herein;
9. That Possession having been taken by Plaintiff on February 22, 1997, as to the property
described in Exhibit “1” attached to the complaint in eminent domain filed herein, and on November 29,
1997, as to the property described in Exhibit “1” attached to the supplemental complaint in eminent
domain filed herein, all taxes, penalties, costs, liens, IeasehoIds, and encumbrances of whatsoever nature
which are a lien on said parcel and which are apportioned to that portion of the fiscal year after said date
are hereby canceled pursuant to section 508 1 et seq. of the Revenue and Taxation Code;
10. That trial, the right to trial, hearing on the issues, the making and filing of a Statement of
Decision, the right to move for a new trial or appeal, Notice of Entry of Judgment and Notice of
Recording Final Order of Condemnation are waived, and that upon payment to defendants as herein
specified, Plaintiff shall be entitled to a Final Order of Condemnation.
3-------*-- Dated: SFP 8 2 1998 0. QqoUw TEW
Judge of the Supenor Court
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- E,YHIBIT “A7’
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In addition to the payment of $410,000.OO from the City of Carlsbad to Richard C. Kelly and
Robert Patrick Keily, Trustees under Decfarauon of Trust dated November 25, 1985, (hereinafter
“Kellys”) as set forth herein. the following items are part of the agreement between the parties:
1. At such time as the Keilys or their SUCC~SSO~S or assigns seek to construct an
extension of “A” Street as delineated on the Laurel Tree Apartments Project approval and
as shown on the attached Exhibit “1“ made a part hereof to provide access to the
southeast comer of the subject property, (AI” #212-040-49), the City of Carlsbad shaU
assist and support the Kellysh; obtaining the necessary permits from all regulatory
agencies (including but not limited to the United States Corps of Engineers? the United
States Fish and Wildlife Service, and the State of California Department of Fish and
Game) for the construction of said “A” Street extension to a point approximately 50 feet
north of the north bank of Encinas Creek at the southeast comer of the Kellys’ property.
With respect to the above referenced “A” Street extension only, the City shall be a CO-
applicant for said permits. All costs associated with the application and the permitting
process, except for City Staff time, shall be borne by the KeIlys or their successors or
assigns.
2. Until such time as “A” Street extension is constructed SO as to provide access to
defendants’ easterly remainder, access to defendants’ easterly remainder shall remain as
it presently exists i.e., from Palomar Airport Road at Laurel Tree Road at the northeast
comer of the property. At such time as the said “A” Street extension is consated to
provide access to defendants’ easterly remainder, defendants will relinquish their access
rights to Palomar Airport Road at Laurel Tree Road.
3. Although the parties contemplate that the construction of the “A” Street extension
will not constitute conversion of agricdturai lands to urban use SO as to require payment
of the City’s LCP agricultural mitigation fee, if such extension does require such fees as
to the improvement of the road, the City shall pay those fees as part of this settlement.
4. At such time as the City of Carlsbad accepts the Aviara Parkway rodway
improvements through the KeUys’ property, the City of Carlsbad shall quitclaim to the
Kellys, at no cost to the Kellys, the slope easements, the temporary construction
easements, and the drainage easements being taken putsuant to this condemnation action
except for drainage easements between the banks of Encinas Creek and the drainage
easement designated as Parcel “1” herein. The City shall prepare the necessary deeds for
these conveyances and will record the same with the County Recorder. The City will not
unreasonably withhold acceptance of the Aviara Parkway roadway improvements.
5. The Kellys and their successors and assigns will not be required to reimburse the
City of Carlsbad or the developer of the Laurel Tree Apartments project or any other
party for any of the construction costs or right of way costs for “A” Street from Aviara
Parkway to a point approximately 70 feet south of the Kellys’ southerly property line
or for any right of wav costs for “A” Street through the Ukegawa property to the south
property line of the Keilys‘ propew. Notwithstanding the foregoing, the Keilys will
contribute a sum not to exceed 510,000.00 for signalization of the “A” StreeUAviara
Parkway intersection. * or their Successors or assigns
FlrWarSrXWUWxw~~uy cu
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1200 Carlsbad Village Drive Carlsbad, CA 92008- 1989
By: ROSCOE D. KEAGY, State Bar No. 32541 By: RICHARD R. FREELAND, State Bar No. 64092 Fourth Floor, 3 170 Fourth Avenue San Diego, CA 92103
Attorneys for Plaintiff CITY OF CARLSBAD
8y:
ASARO, KEAGY, FREELAND & MCKTNLEY M. FARIAS ZPF
(6 19) 297-3 170
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN DIEGO
CITY OF CARLSBAD, A klunicipal Corporation,
PI ai n t i ff,
V.
RICHARD C. KELLY and ROBERT PATRICK KELLY Trustees under Declaration of Trust dated November 25, 1985; SAN DIEGO GAS&ELECTRIC COMPANY; and, DOES 1 Through 100, Inclusive,
Defendants.
NO. N73929-1
STIPULATION FOR JUDGMENT
Dept: N/ Judge Lester
IT IS HEREBY STIPULATED by Plaintiff CITY OF CARLSBAD. through its attorneys of
record, RONALD R. BALL, City Attorney, and ASARO, KEAGY, FREELAND & MCIUNLEY.
Special Counsel, by RICHARD R. FREELAND, and by Defendants RICHARD C. KELLY and
ROBERT PATRICK KELLY Trustees under Declaration of Trust dated November 25, 1985, through
their attorneys, DE'TTSCH & CHRISTENSEN. by DONALD W. DETISCH. as follows:
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1. That Judgment in the within action may be entered in the sum and containing the terms and
conditions of the attached proposed judgment marked Exhibit "A" and by this reference made a part
of this stipulation; and that fees, costs, litigation expenses, interest and precondemnation damages or
2. Tkat Defendants RICHARD C. KELLY and ROBERT PATRICK KELLY Trustees under
Declaration of Trust dated November 25, 1985, hereby waive trial, the right to trial, hearing on the
issues, the making and filing of a Statement of Decision, Notice of Entry of Judgment, Notice of
Recording Final Order of Condemnation, and the right to move for a new trial or appeal.
ther damages are waived. 6)(@EP T AS E>(AeESSG &Erma b 'Tw KE4C-m 7
Dated: S&4 /G /P?& ASARO, KEAGY, FREELAND & MCKINLEY
I Special Counsel
Attorneys By: -r for Plaintiff
Dated: I+ I DETISCH & CHFUSTENSEN
BY. QQ
Attorneys for Defendants KELLY
3ated:
~_- - Trustee under Declaration of /' Trust dated November 25, 1985
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CITY OF CARLSBAD A Municipal Corpmn .
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It appearing to the Court that Plaintiff CITY OF CARLSBAD, through its attorneys of record,
RONALD R. BALL, City Attorney, and ASAKO, KEAGY, FREELAND & MCKINLEY, Special
Counsel, by RICHARD R. FREELAND, and Defendants RICHARD C. KELLY and ROBERT
PATRICK KELLY, Trustees under Declaration of Trust dated November 25, 1985, through their
SUPERIOR COURT OF THE STATE OF CALIFO&XIA
FOR THE COUNTY OF SAY DIEGO
attorneys, DETISCH & CHRISTENSEN, by DONALD W. DETISCH, have stipulated that Judgment
XTY OF CARLSBAD, i Municipal Corporation,
Plaintiff,
V.
UCHARD C. KELLY and <OBERT PATRICK KELLY rrustees under Declaration of rrust dated November 25, 1985; SAT DIEGO GAS&ELECTRIC COMPANY; md, DOES 1 Through 100, nclusive,
Defendants.
NO. N 73929-1
STIPULATED JUDGiMENT
Dept: #25/ Terry B. O'Rourke
as hereinafter set forth may be entered; and it further appearing to be a proper case therefor;
............
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IT IS ORDERED, ADJUDGED AND DECREED:
1. That Plaintiff seeks to take, acquire and condemn the rights, title and interest in real
property as described and depicted in Exhibit ‘I 1 ‘I to Plaintiff’s Complaint and Exlubit I’ 1 “ to Plaintiffs
Supplemental Complaint, to which reference is hereby made and by this reference, said descriptions are
made a part hereof as if hlly set forth;
2. That the condemnation and taking thereof is for the public purposes set forth in the
Complaint and Supplemental Complaint and is necessary for such public use;
3. That the payment to defendants RICHARD c. KELLY and ROBERT PATRICK
KELLY Trustees under Declaration of Trust dated November 25,1985, of the sum of $410,000.00 and
other considerations set forth in Exhibit “A” attached hereto and incorporated herein by this reference,
for the taking of the real property and interests in real property, shall constitute full and final payment
for the condemnation and taking of said real property and interests in real property, and extinguishes all
defendants’ claims which could have been made in this action, including, but not limited to compensation
for improvements, severance damages, interest, fees, costs, litigation expenses, precondemnation
damages, other damages, and all defendants’ claims relating solely to this action; Defendants reserve any
rights and claims they may have relating to the Palomar Airport Road Assessment District.
4. That said payment as hereinabove specified shall terminate, cancel, and extinguish all
liens, leaseholds, and encumbrances of whatsoever nature on said real property;
5. That defendant SAN DIEGO GAS & ELECTRIC COMPANY filed a disclaimer and
having filed a disclaimer, said defendant is not entitled to any compensation herein;
IT IS FURTHER ORDERED, ADJUDGED AND DECREED:
6. That said total sum of $410,000.00 be distributed to Defendants RICHARD C. KELLY
and ROBERT PATRICK KELLY, Trustees under Declamtion of Trust dated November 25, 1985, and
their attorneys, DET’ISCH CHRISTENSEN & WOOD, and mailed to 444 West C Street X200, San
Diego, CA 92101; and
That the County Treasurer is herein authorized to issue a warrant to Plaintiff for the balance of
the principal sum previously deposited with the Court, if my, PIUS all accrued interest to the date of the
withdrawals ;
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7. That the rights, benefits and obligations inuring to the parties pursuant to this stipulation
for judgment and stipulated judgment including Exhibit "A" thereto shall be binding upon the parties
heirs, assigns and successors in interest;
S. That Plaintiff take, acquire, condemn and own the interests in said real property referred
to and described herein;
9. That Possession having been taken by Plaintiff on February 22, 1997, as to the property
described in Exhibit "I " attached to the complaint in eminent domain filed herein, and on November 29,
1997, as to the property described in Exhibit "1" attached to the supplemental complaint in eminent
domain filed herein, all taxes, penalties, costs, liens, leaseholds, and encumbrances of whatsoever nature
which are a lien on said parcel and which are apportioned to that portion of the fiscal year after said date
are hereby canceled pursuant to section 508 I et seq. of the Revenue and Taxation Code;
10. That trial, the right to trial, hearing on the issues, the making and filing of a Statement of
Decision, the right to move for a new trial or appeal, Notice of Entry of Jud,oment and Notice of
Recording Final Order of Condemnation are waived, and that upon payment to defendants as herein
specified, Plaintiff shall be entitled to a Final Order of Condemnation.
Dated:
Judge of the Superior Court
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EXHIBIT - -
In addition to the payment of $41 0,000.00 from the City of Carhibad to Richard C. Kelly and
Robert Patrick Kelly, Trustees under Declaration of Trust dated November 25, 1985, (hereinafter
“Kellys”) as set forth herein, the following items are part of the agreement between the parties:
I. At such time as the Kellys or their successors or assigns seek to construct an
extension of “A” Street as delineated on the Laurel Tree Apartments Project approval and
as shown on the attached Exhibit “1” made a part hereof to provide access to the
southeast comer of the subject property, (AI” #212-04049), the City of Carlsbad shall
assist and support the Kelys/i*n obtaining the necessary permits from all regulatory
agencies (including but not limited to the United States Corps of Engineers, the United
States Fish and Wildlife Service, and the State of California Department of Fish and
Game) for the construction of said “A” Street extension to a point approximately 50 feet
north of the north bank of Encinas Creek at the southeast comer of the Kellys’ property.
With respect to the above referenced “A” Street extension only, the City shail be a co-
applicant for said permits. All costs associated with the application and the permitting
process, except for City Staff time, shall be borne by the Kellys or their successors or
assigns.
2. Until such time as “A” Street extension is constructed so as to provide access to
defendants’ easterly remainder, access to defendants’ easterly remainder shall remain as
it presently exists i.e., from Palomar Airport Road at Laurel Tree Road at the northeast
comer of the property. At such time as the said “A” Street extension is constructed to
provide access to defendants’ easterly remainder, defendants will relinquish their access
rights to Palomar Airport Road at Laurel Tree Road.
3. Although the parties contemplate that the construction of the “A” Street extension
will not constitute conversion of agricultural lands to urban use SO as to require payment
of the City’s LCP agricultural mitigation fee, if such extension does require such fees as
to the improvement of the road, the City shall pay those fees as part of this settlement.
4. At such time as the City of Carlsbad accepts the Avha Parkway roadway
improvements through the Kellys‘ property, the City of Carlsbad shall quitclaim to the
Kellys, at no cost to the Kellys, the slope easements, the temporary construction
easements, and the drainage easements being taken pursuant to this condemnation action
except for drainage easements between the banks of Encinas Creek and the drainage
easement designated as Parcel “1” herein. The City shall prepare the necessary deeds for
these conveyances and will record the same with the County Recorder. The City will not
unreasonably withhold acceptance of the Aviara Parkway roadway improvements.
5. The Kellys and their successors and assigns will not be required to reimburse the
City of Carlsbad or the developer of the Laurel Tree Apartments project or any other
party for any of the construction costs or right of way costs for “A” Street from Aviara
Parkway to a point approximately 70 feet south of the Kellys’ southerly property line
or for any right of way costs for “A” Street through the Ukegawa property to the south
property line of the Kellys’ property. Notwithstanding the foregoing, the Kellys will
contribute a sum not to exceed S10.000.00 for signahation of the “A” StreeVAviara
Parkway intersection. * or their successors i)r assigns