HomeMy WebLinkAboutPR 3.4.317; Baker & Rudvalis; 2004-0539897; Condemnation16561
RECORDING REQUESTED BY:
ASARO, KEAGY, FREELAND & MCKINLEY
By: RICHARD R. FREELAND, SB# 64092
Fourth Floor, 3170 Fourth Avenue
San Diego, CA 92103
(619)297-3170
AND WHEN RECORDED MAIL TO:
ASARO, KEAGY, FREELAND & MCKINLEY
By: RICHARD R. FREELAND, SB# 64092
Fourth Floor, 3170 Fourth Avenue
San Diego, CA 92103
(619)297-3170
EXEMPT FROM FILING FEES PER GOVT. CODE § 6103
2004-0539697
DOC ft 2004-0539897
JUN O9* 2QO4 2=24 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J. SHITH, COUNTY RECORDER
FES: 0.00
This Space for Recorder's Use Only
FINAL ORDER OF CONDEMNATION
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16562
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\>By: PiisJkfei&A r^,••-*, >cC3>^ ' '-'ePuty
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN DIEGO
CITY OF CARLSBAD, )
)
Plaintiff, )
)
•\
)
WILLIAM BAKER, DONNA MARIE BAKER, )
et al., )
)
Defendants. )
)
CITY OF CARLSBAD, )
)
Plaintiff, )
)
v. ))
JOSEPH A. RUDVALIS and BARBARA G. )
RUDVALIS, etc., et al., )
Defendants. )
G:\kmk\CARLSBAD\BAKER\Alter-App\Final-Ord.wpd 5/1 0/04 4:26 PM 1
No. N78249-1
(Consolidated with No. N 78252-1)
Complaint Filed 06/03/98
FINAL ORDER OF
CONDEMNATION
Dept.: 27
Judge: Hon. Jacqueline M. Stern
FINAL ORDER OF CONDEMNATION
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16563K.
p.2
It appearing to the Court that judgment in condemnation has been entered in the above-
entitled action on January 28,2004, adjudging that Plaintiff is entitled to take by condemnation the
property described hereinbelow and in accordance with said 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 Exhibits A and B, respectively, attached hereto and
made a part hereof, be condemned to Plaintiff for the Poinsettia Lane Extension/Ballantine Road
Project.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that a certified copy of
this Order be recorded in the Office of the County Recorder of the County of San Diego, State of
California, and thereupon, the interest in said property as described in Exhibits A and B,
respectively, shall vest in Plaintiff.
Dated: JUN 0 3 2004
JOAN P. WEBER
SUBMITTED BY:
Date:
Judge of the Superior Court
SIGNED PURSUANT TO SECTION 638, C.C.?
BY TEE SUESETff* JZNG JUDGE, NOBTH COUNTS
BBANCH, AS ACTING PRESIDING JUDGE
ASARO, KEAGY, FREELAND & McKINLEY
By:
APPROVED AS TO FORM AND CONTENT:
Dated: -
RICHARD R. FREELAND
Special Counsel for Plaintiff THE CITY OF
CARLSBAD
, WIENER, W1LHELM &
QMonkXCAIOSBAOMiAKliKvAAtr-AppVFimJ-Onl.wpil 3/17/D4 * 29 AM
Michael H. Liefer
Ronald M. Cole
Attorneys for Defendants and Respondents
P AM KOIDE dba BIRD ROCK TROPICALS
and JOSEPH A. RUVALIS and BARBARA
RUDVAL1S as Trustees of the JOSEPH AND
BARBARA RUDVAL1S FAMILY TRUST
UDT 06/07/89
FINAL URDU). OF CONDEMNATION
Received 05-17-2004 09:09am From-To-PALMIERI.TYLER,WIENE Page 002
16564
EXHIBIT A
16565
EXHIBIT "A"
LEGAL DESCRIPTION
BAKER
PR. 3.4.317
(POINSETTIA LANE & BRIGANTINE DRIVE)
THOSE PORTIONS OF PARCELS 1, 2 AND 3 (DEDICATION PARCELS)
DESCRIBED HEREIN LYING WITHIN PARCEL "A" (OWNERSHIP PARCEL)
DESCRIBED HEREIN.
PARCEL "A" (OWNERSHIP PARCEL)
ALL OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF FRACTIONAL SECTION 22, TOWNSHIP 12 SOUTH,
RANGE 4 WEST, SAN BERNARDINO MERIDIAN, AS DESCRIBED IN DEED TO
WILLIAM AND DONNA MARIE BAKER RECORDED AUGUST 11, 1997, DOCUMENT
NO. 1997-0383428 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY, IN THE CITY
OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
TO OFFICIAL PLAT THEREOF.
EXCEPTING THEREFROM THE SOUTHERLY TWO ACRES.
ALSO EXCEPTING THEREFROM THE EASTERLY 208 2/3 FEET OF THE
NORTHERLY 208 2/3 FEET AS DESCRIBED IN DEED TO MILDRED McMILLAN,
RECORDED MAY 9, 1966 AS FILE NO. 77307 OF OFFICIAL RECORDS.
PARCEL 1 (DEDICATION PARCEL - POINSETTIA LANE)
BEING A 102.00 FOOT WIDE STRIP OF LAND LYING 51.00 FEET ON EACH SIDE
OF THE FOLLOWING DESCRIBED CENTERLINE:
PAGE 1 OF 5
:DA M:\Legals\1953 Ocean BluH\004A04.doc
WO 1953-4 2/27/98
16566
COMMENCING AT THE CENTERLINE INTERSECTION OF POINSETTIA LANE AND
AVIARA PARKWAY (FORMERLY ALGA ROAD) AS SHOWN ON CITY OF CARLSBAD
TRACT 90-15, MAP NO. 12972, FILED IN THE OFFICE OF THE COUNTY
RECORDER SEPTEMBER 17, 1992, SAID POINT BEING OCCUPIED BY A STREET
SURVEY MONUMENT STAMPED "L.S. 5894" PER RECORD OF SURVEY MAP NO.
13348, FILED IN THE OFFICE OF THE COUNTY RECORDER AUGUST 8, 1991,
SAID POINT BEARS NORTH 72°12'46" EAST, 593.97 FEET (NORTH 72°47'00" EAST,
593.94 FEET PER R OF S 13348) FROM A POINT ON THE CENTERLINE OF SAID
POINSETTIA LANE AS SHOWN ON SAID RECORD OF SURVEY MAP NO. 13348,
SAID POINT BEING OCCUPIED BY A STREET SURVEY MONUMENT STAMPED
"LS. 5894"; THENCE LEAVING SAID CENTERLINE INTERSECTION ALONG SAID
CENTERLINE OF POINSETTIA LANE, NORTH 72°12'46" EAST (NORTH 72°47'00"
EAST PER MAP 12972), 185.00 FEET TO THE BEGINNING OF TANGENT CURVE
CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 1400.00 FEET; THENCE
NORTHEASTERLY ALONG SAID CENTERLINE AND THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 02°41'01" A DISTANCE OF 65.57 FEET
(02°41'12", 65.65 FEET PER MAP 12972) TO A POINT ON THE SOUTHERLY LINE
OF SAID SECTION 22, SAID POINT BEING THE TRUE POINT OF BEGINNING;
THENCE NORTHEASTERLY ALONG A CONTINUATION OF SAID CENTERLINE
AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 27°50'53", A
DISTANCE OF 680.46 FEET; THENCE NORTH 41°40'52" EAST, 515.94 FEET TO
THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY, HAVING A
RADIUS OF 1400.00 FEET ; THENCE NORTHEASTERLY ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 08°11'26" A DISTANCE OF 200.13
FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "A"; THENCE
CONTINUING NORTHEASTERLY AND EASTERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 42°36'00" A DISTANCE OF 1040.92
FEET TO A POINT ON THE SOUTHERLY LINE OF PARCEL "B" OF CERTIFICATE
OF COMPLIANCE RECORDED MARCH 11, 1997, FILE NO. 1997-0106631 OF
OFFICIAL RECORDS; THENCE ALONG SAID SOUTHERLY LINE. SOUTH 87°31'42"
PAGE 2 OF 5
:DA M:\Legals\l953 Ocean Bluff\004A04.doc
WO 1953-4 2/27/98
16567
EAST, 134.77 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL UB", SAID
POINT BEING OCCUPIED BY A %' IRON PIPE MARKED "RCE 8210".
THE SIDELINES OF SAID 102.00 FOOT WIDE STRIP OF LAND TO BE SHORTENED
OR EXTENDED SO AS TO TERMINATE SOUTHWESTERLY IN THE SOUTHERLY
LINE OF SAID FRACTIONAL SECTION 22 AND NORTHEASTERLY IN THE
SOUTHERLY LINE OF PARCEL "B" OF SAID CERTIFICATE OF COMPLIANCE AND
EASTERLY IN THE WESTERLY LINE OF BLACK RAIL ROAD PER NOTICE OF
PENDING ACTION SUPERIOR COURT CASE NO. N075924 RECORDED
SEPTEMBER 12, 1997, FILE NO. 1997-0444689 OF OFFICIAL RECORDS.
PARCEL 2 (DEDICATION PARCEL - PORTION OF BRIGANTINE DRIVE)
BEING A 42.00 FOOT WIDE STRIP OF LAND LYING 12.00 FEET WESTERLY AND
30.00 FEET EASTERLY OF THE FOLLOWING DESCRIBED LINE:
COMMENCING AT THE HEREINABOVE DESCRIBED POINT "A" SAID POINT
BEING ON THE ARC OF A 1400.00 FOOT RADIUS CURVE CONCAVE
SOUTHEASTERLY A RADIAL LINE TO SAID POINT BEARS NORTH 40°07>42"
WEST; THENCE RADIAL FROM SAID CURVE, NORTH 40°07'42" WEST, 51.00 FEET
TO A POINT ON THE NORTHWESTERLY LINE OF THE HEREINABOVE
DESCRIBED PARCEL 1 SAID POINT BEING THE TRUE POINT OF BEGINNING;
THENCE CONTINUING NORTH 40°07'42" WEST, 127.52 FEET TO A TANGENT
CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 300.00 FEET;
THENCE NORTHWESTERLY. ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE OF 17°29'29". AN ARC LENGTH OF 91.58 FEET; THENCE
NORTH 22°38'13" WEST, 117.15 FEET TO A TANGENT CURVE, CONCAVE
NORTHEASTERLY, HAVING A RADIUS OF 300.00 . FEET; THENCE
NORTHWESTERLY, ALONG THE ARC OF SAID CURVE. THROUGH A CENTRAL
PAGE 3 OF 5
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WO 1953-4 2/27/98
16568
ANGLE OF 11°33'05", AN ARC LENGTH OF 60.48 FEET TO THE POINT OF
TERMINUS SAID POINT BEING ON THE SOUTHERLY LINE OF PARCEL "B" OF
CERTIFICATE OF COMPLIANCE RECORDED MARCH 11, 1997 FILE NO. 1997-
0106631 OF OFFICIAL RECORDS AND LYING SOUTH 87°27I43" EAST, 3.54 FEET
FROM THE SOUTHWEST CORNER OF SAID PARCEL "B", THE CONTINUATION OF
SAID CURVE BEING TANGENT TO AND ENDING ON THE WESTERLY LINE OF
SAID PARCEL "B".
THE SIDELINES OF SAID 42.00 FOOT WIDE STRIP OF LAND TO BE SHORTENED
OR EXTENDED SO AS TO TERMINATE SOUTHERLY IN THE NORTHWESTERLY
LINE OF THE HEREINABOVE DESCRIBED PARCEL 1 AND NORTHWESTERLY IN
THE WESTERLY LINE OF THE NORTHWEST QUARTER OF THE_ SOUTHEAST
QUARTER OF THE SOUTHWEST QUARTER OF SAID FRACTIONAL SECTION 22
AND NORTHERLY IN THE SOUTHERLY LINE OF PARCEL "B" OF CERTIFICATE OF
COMPLIANCE RECORDED MARCH 11, 1997 FILE NO. 1997-0106631 OF OFFICIAL
RECORDS.
TOGETHER WITH THAT PORTION OF SAID FRACTIONAL SECTION 22, LYING
BETWEEN THE NORTHEASTERLY SIDELINE OF THE HEREINABOVE DESCRIBED
PARCEL 2, THE NORTHWESTERLY SIDELINE OF THE HEREINABOVE
DESCRIBED PARCEL 1 AND THE ARC OF A 20.00 FOOT RADIUS CURVE
CONCAVE NORTHERLY, SAID CURVE BEING TANGENT TO EACH OF THE LAST
TWO MENTIONED LINES.
PARCEL 3 (DEDICATION PARCEL - PORTION OF BRIGANTINE DRIVE)
BEGINNING AT THE MOST SOUTHERLY CORNER OF THE HEREINABOVE
DESCRIBED PARCEL 2, SAID POINT BEING ON THE NORTHWESTERLY SIDELINE
OF THE HEREINABOVE DESCRIBED PARCEL 1, SAID POINT BEING ON THE ARC
OF A 1451.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL LINE
PAGE 4 OF 5
:DA M:\Legals\1953 Ocean Bluff\004A04.doc
WO 1953-4 2/27/98
16569
TO SAID POINT BEARS NORTH 40C36'08" WEST; THENCE SOUTHWESTERLY
ALONG THE NORTHWESTERLY SIDELINE OF SAID PARCEL 1 AND THE ARC OF
SAID CURVE, THROUGH A CENTRAL ANGLE OF 01028'27", AN ARC LENGTH OF
37.33 FEET TO A POINT OF CUSP WITH A 20.00 FOOT RADIUS CURVE CONCAVE
WESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 42°04'34'f EAST;
THENCE LEAVING SAID NORTHWESTERLY SIDELINE, NORTHEASTERLY.
NORTHERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE
THROUGH 'A CENTRAL ANGLE OF 88°03'08" AN ARC LENGTH OF 30.74 FEET;
THENCE RADIAL FROM SAID CURVE NORTH 49°52'18" EAST, 18.00 FEET TO A
POINT ON THE SOUTHWESTERLY SIDELINE OF THE HEREINABOVE DESCRIBED
PARCEL 2; THENCE ALONG SAID SOUTHWESTERLY SIDELINE, SOUTH 40°07'42"
EAST, 19.20 FEET TO THE POINT OF BEGINNING.
THE HEREINABOVE DESCRIBED PARCELS 1, 2 AND 3 CONTAIN 1.597 ACRES OF
LAND MORE OR LESS
JOHN W. HILL, JR. LS. 5669
HUNSAKER & ASSOCIATES SAN DIEGO, INC.
PAGE 5 OF 5
:OA M:\Legals\1953 Ocean Bluff\004A04.doc
WO 1953-4 2/27/98
r-'.-riiit6570
ROS 12095
LOT 4 LINE -PARCEL
RECORDED J/ft/97
PARCEL 2
(SEE SHEET 2)
PARCEL 3
N 41'40'52'E
RO3 14630
S3M
^
SEC. 22
MAP 12972
VICINITY MAP
NO SCALE
HUNSAKER
&. ASSOCIATES
SAN OIIC(X INC
tm Huemtfcn St Sute 200
tNQNtEUNC Sin Otfa C* 17C1
SURVEYINC fH(4T9lSS«-U
OOIJCOOUWC
LEGEND \ \
INDICATES STRECT DEDICATION - 7.557
INDICATES STREET SURVEY MONUMENT STAMPED
"LS. 5894" PER R OF S 13348.
INDICATES 3/4' IRON PIPE MARKED
"RCE 8210 PER R OF S 12096
INDICATES RECORD DATA PER MAP 12972
INDICATES RECORD DATA PER R OF S 13348
INDICATES RECORD DATA PER CERTIFICATE OF
COMPLIANCE REC. 3/11/97. 1997-0106631 O.R
LEGAL DESCRIPTION
PORTION OF FRACTIONAL SEC. 22. T12S. R4W, S.B.M.
BASIS OF BEARINGS:
THE BAS/S Of BEARINGS FOR THIS MAP IS A PORTION OF
THE NORTHERLY LINE OF FRACTIONAL SECTION 22. T12S.
R4W. S.9.U.. PER MAP NO. 13429. I.E. N 89'57'43'E.
SHEET 1 OF 2
DEDICATION PLAT - C/7Y OF CARLSBAD
APPLICANT:
CATQ.LUS RESIDENTIAL CROUP
IRVINE. CA 92714
SUITE 400
5 PARK PLAZA
(714) 251-6100
PREPARED BY:
JOHN W. HILL, JR. LS. 5669
EXPIRES: 9/30/99
PROJECT:
POINSETTJA
LANE
PR. 3.4.317
A.P.N.:
215-070-19
EXHIBIT "B!
V16571
87-27VJ> 3.54' \
EASEMENT RECORDED
PARCEL 1
1.214 ACRES I.
T-*<sA
. JO' EASEMENT TO CARLSBAD
MUNICIPAL WATER DISTRICT REC. j|
JO/1/1958 IN BK. 7278. PC. 5J7
O./?.
T.P.'O.B. PARCEL 2
215-070-19
BAKER
CORDED232355 OF a
> A . o . i c a . - c
wi7»Hy««*«sti*,Mo
SCALE 1" = 100'
NOTE:
DATA SHOWN HEREON IS BASED ON THE FOLLOWING
RECORD OF SURVEY MAPS: 584. 4772. 4773. 5715.
6269. W774. 12096, 13762 AND. 14630. RECORD OF
SURVEY MAP NO. 14608 SHOWS ALTERNATE LOCATIONS
FOR PROPERTY LINES SHOWN HEREON. NO
REPRESENTATION IS MADE HEREON AS TO THE LOCATION
suivtviNG Nm^wttmn, OF PROPERTY OR OWNERSHIP LINES.S-EET 2 OF 2
DEDICATION PLAT - C/7Y OF CARLSBAD
•LICANT:
CATELLUS RESIDENTIAL CROUP
IRVINE. CA 927H
SUITE 400
5 PARK PLAZA
(714) 251-6100
PREPARED BY:
JOHN V». HILL. JR. 1_S. 5669
OPIRtS: 9/30/99
PROJECT:
POINSETTIA LANE
&
BRIGANTINE DRIVE
PR. 3.4.317
A.P.N.:
215-070-19
JEfflTBIT "B:
RECORDING REQUESTED BY
AND WHEN RECORDED,
PLEASE MAIL TO:
City Clerk
City of Carlsbad
1200 Carlsbad Village Dr.
Carlsbad, California 92008
MAIL TAX STATEMENTS TO:
EXEMPT
16572
The undersigned grantors) declare(s):
Documentary transfer tax is $0.00
( ) 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
Assessor's
Parcel No.: APN 215-070-19
DOCUMENT NO.: 041BAKE
- Space above this line for Recorder's Use -
NO RECORDING FEE REQUIRED:
THIS DOCUMENT EXEMPT FROM FEE
PURSUANT TO SECTION 27383 OF
CALIFORNIA GOVERNMENT CODE
Project: Poinsettia Lane Extension
Location: Poinsettia Lane & Aviara Parkway
Reference: RW/041BAKE
SLOPE, DRAINAGE AND TEMPORARY CONSTRUCTION EASEMENTS
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
WILLIAM BAKER and DONNA MARIE BAKER, husband and wife as joint tenants
hereby GRANTS to the
CITY OF CARLSBAD, a Municipal Corporation,
easements for the construction and maintenance of slopes and incidents thereto, upon, over and across that
certain real property hereinafter described, together with;
easements for the construction and maintenance of drainage structures and incidents thereto, upon, over and
across that certain real property hereinafter described, and together with;
easements for temporary construction purposes and incidents thereto, upon, over, and across that certain real
property hereinafter described.
The real property referred to hereinabove and made subject to said slope easements is situated in the City of
Carlsbad, County of San Diego, State of California, and is more particularly described in the attached Exhibit
"A" as Parcels 4, 5 and 6 as shown on the attached Exhibit "B" as Parcels 4, 5 and 6.
(JANMAC, INC., Expropriation Consultants)(cart sbad\POINSETTIAEXT\Easements\041 BAKE)
16573
The real property referred to hereinabove and made subject to said drainage easements is situated in the City
of Carlsbad, County of San Diego, State of California, and is more particularly described in the attached
Exhibit "A" as Parcels 10 and 11, as shown on the attached Exhibit "B" as Parcels 10 and 11.
The real property referred to hereinabove and made subject to said temporary construction easements is
situated in the City of Carlsbad, County of San Diego, State of California, and is more particularly described in
the attached Exhibit "A" as Parcels 7, 8 and 9, as shown on the attached Exhibit "B" as Parcels 7, 8 and 9.
It is understood and agreed that the Grantor(s) of the temporary construction easement shall not be held liable
for any damage to equipment or injury to personnel of said Grantee, its agents or employees, in the perform-
ance of the work done'within the temporary construction easement. The temporary construction easement
shall remain in force for a period of three (3) years from the date this document has been recorded in the
Office of the County Recorder of San Diego County. Upon the expiration of said three (3) year period, the
Grantee shall have no further rights or liability in connection with said temporary construction easement.
This document was executed this • day of , 1998.
WILLIAM BAKER and DONNA MARIE BAKER, husband and wife as joint tenants
WILLIAM BAKER
DONNA MARIE BAKER
(NOTARY JURAT)
STATE OF }ss.
COUNTY OF }
On before me,
personally appeared
personally known to me (or proved to
me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me
that he/she/they executed the same in his/her/their authorized capacities), and that by his/her/their signature(s) on the instrument the person(s)
or the entity upon behalf of which the person(s) acted, executed the
instrument.
WITNESS my hand and official seal.
Signature:
(77i/s area for official notarial seal)
(JANMAC. INC.. Expropriation Consultants) (cartsbad\POINSETTIA EXT\Easements\041BAKE)
16574
EXHIBIT "A"
LEGAL DESCRIPTION
BAKER
PR. 3.2.105
(SLOPE, TEMPORARY CONSTRUCTION, & DRAINAGE EASEMENTS)
THOSE PORTIONS OF THE NORTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF THE SOUTHWEST QUARTER OF FRACTIONAL SECTION 22,
TOWNSHIP- 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, AS
DESCRIBED IN DEED TO WILLIAM AND DONNA MARIE BAKER RECORDED
AUGUST 11, 1997, DOCUMENT NO. 1997-0383428 OF OFFICIAL RECORDS OF
SAN DIEGO COUNTY, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA. ACCORDING TO OFFICIAL PLAT THEREOF, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOW:
EXCEPTING THEREFROM THE SOUTHERLY TWO ACRES.
ALSO EXCEPTING THEREFROM THE EASTERLY 208 2/3 FEET OF THE
NORTHERLY 208 2/3 FEET AS DESCRIBED IN DEED TO MILDRED McMILLAN,
RECORDED MAY 9, 1966 AS FILE NO. 77307 OF OFFICIAL RECORDS.
PARCEL 1 (REFERENCE ONLY POINSETTIA LANE)
BEING A 102.00 FOOT WIDE STRIP OF LAND LYING 51.00 FEET ON EACH SIDE
OF THE FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE CENTERLINE INTERSECTION OF POINSETTIA LANE AND
AVIARA PARKWAY (FORMERLY ALGA ROAD) AS SHOWN ON CITY OF CARLSBAD
TRACT 90-15, MAP NO. 12972, FILED IN THE OFFICE OF THE COUNTY
RECORDER SEPTEMBER 17, 1992, SAID POINT BEING OCCUPIED BY A STREET
SURVEY MONUMENT STAMPED "LS. 5894" PER RECORD OF SURVEY MAP NO.
13348, FILED IN THE OFFICE OF THE COUNTY RECORDER AUGUST 8, 1991,
SAID POINT BEARS NORTH 72°12'46" EAST, 593.97 FEET (NORTH 72°47'00" EAST,
PAGE 1 OF 12
:DA M:\Legals\1953 Ocean Bluff\004Al5.doc
WO 1953-4 2/27/98
16575
593.94 FEET PER R OF S 13348) FROM A POINT ON THE CENTERLINE OF SAID
POINSETTIA LANE AS SHOWN ON SAID RECORD OF SURVEY MAP NO. 13348,
SAID POINT BEING OCCUPIED BY A STREET SURVEY MONUMENT STAMPED
"LS. 5894"; THENCE LEAVING SAID CENTERLINE INTERSECTION ALONG SAID
CENTERLINE OF POINSETTIA LANE, NORTH 72°12'46" EAST (NORTH 72°47'00"
EAST PER MAP 12972), 185.00 FEET TO THE BEGINNING OF TANGENT'CURVE
CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 1400.00 FEET; THENCE
NORTHEASTERLY ALONG SAID CENTERLINE AND THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 02°4r01" A DISTANCE OF 65.57 FEET
(02°41'12", 65.65 FEET PER MAP 12972) TO A POINT ON THE SOUTHERLY LINE
OF SAID SECTION 22, SAID POINT BEING THE TRUE POINT OF BEGINNING;
THENCE NORTHEASTERLY ALONG A CONTINUATION OF SAID CENTERLINE
AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 27°50>53", A
DISTANCE OF 680.46 FEET; THENCE NORTH 41040152" EAST, 515.94 FEET TO
THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY, HAVING A
RADIUS OF 1400.00 FEET ; THENCE NORTHEASTERLY ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 08°11'26" A DISTANCE OF 200.13
FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "A"; THENCE
CONTINUING NORTHEASTERLY AND EASTERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 42°36'00" A DISTANCE OF 1040.92
FEET TO A POINT ON THE SOUTHERLY LINE OF PARCEL "B" OF CERTIFICATE
OF COMPLIANCE RECORDED MARCH 11. 1997, FILE NO. 1997-0106631 OF
OFFICIAL RECORDS; THENCE ALONG SAID SOUTHERLY LINE, SOUTH 87°31'42"
EAST, 134.77 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL "B", SAID
POINT BEING OCCUPIED BY A 3/4" IRON PIPE MARKED "RCE 8210".
THE SIDELINES OF SAID 102.00 FOOT WIDE STRIP OF LAND TO BE SHORTENED
OR EXTENDED SO AS TO TERMINATE SOUTHWESTERLY IN THE SOUTHERLY
LINE OF SAID FRACTIONAL SECTION 22 AND NORTHEASTERLY IN THE
SOUTHERLY LINE OF PARCEL "B" OF SAID CERTIFICATE OF COMPLIANCE AND
EASTERLY IN THE WESTERLY LINE OF BLACK RAIL ROAD PER NOTICE OF
PAGE 2 OF 12
:DA M:\Legals\1953 Ocean Bluff\004Al5.doc
WO 1953-4 2/27/98
16576
PENDING ACTION SUPERIOR COURT CASE NO. N075924 RECORDED
SEPTEMBER 12, 1997, FILE NO. 1997-0444689 OF OFFICIAL RECORDS.
PARCEL 2 (REFERENCE ONLY - PORTION OF BRIGANTINE DRIVE)
BEING A 42.00 FOOT WIDE STRIP OF LAND LYING 12.00 FEET WESTERLY AND
30.00 FEET EASTERLY OF THE FOLLOWING DESCRIBED LINE:
COMMENCING AT THE HEREINABOVE DESCRIBED POINT "A" SAID POINT
BEING ON THE ARC OF A 1400.00 FOOT RADIUS CURVE CONCAVE
SOUTHEASTERLY A RADIAL LINE TO SAID POINT BEARS NORTH 40°07'42"
WEST; THENCE RADIAL FROM SAID CURVE, NORTH 40°07'42" WEST, 51.00 FEET
TO A POINT ON THE NORTHWESTERLY LINE OF THE HEREINABOVE
DESCRIBED PARCEL 1 SAID POINT BEING THE TRUE POINT OF BEGINNING;
THENCE CONTINUING NORTH 40°07'42" WEST, 127.52 FEET TO A TANGENT
CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 300.00 FEET;
THENCE NORTHWESTERLY. ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE OF 17029'29", AN ARC LENGTH OF 91.58 FEET; THENCE
NORTH 22°38'13" WEST, 117.15 FEET TO A TANGENT CURVE, CONCAVE
NORTHEASTERLY, HAVING A RADIUS OF 300.00 FEET; THENCE
NORTHWESTERLY, ALONG THE ARC OF SAID CURVE. THROUGH A CENTRAL
ANGLE OF 11°33'05", AN ARC LENGTH OF 60.48 FEET TO THE POINT OF
TERMINUS SAID POINT BEING ON THE SOUTHERLY LINE OF PARCEL "B" OF
CERTIFICATE OF COMPLIANCE RECORDED MARCH 11, 1997 FILE NO. 1997-
0106631 OF OFFICIAL RECORDS AND LYING SOUTH 87°27'43" EAST, 3.54 FEET
FROM THE SOUTHWEST CORNER OF SAID PARCEL "B", THE CONTINUATION OF
SAID CURVE BEING TANGENT TO AND ENDING ON THE WESTERLY LINE OF
SAID PARCEL "B".
PAGE 3 OF 12
:DA M:\Legals\1953 Ocean Bluffl004A15.doc
WO 1953^ 2/27/98
16577
THE SIDELINES OF SAID 42.00 FOOT WIDE STRIP OF LAND TO BE SHORTENED
OR EXTENDED SO AS TO TERMINATE SOUTHERLY IN THE NORTHWESTERLY
LINE OF THE HEREINABOVE DESCRIBED PARCEL 1 AND NORTHWESTERLY IN
THE WESTERLY LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 22 AND
NORTHERLY IN THE SOUTHERLY LINE OF PARCEL "B" OF CERTIFICATE OF
COMPLIANCE RECORDED MARCH 11, 1997 FILE NO. 1997-0106631 OF OFFICIAL
RECORDS.
TOGETHER WITH THAT PORTION OF SAID FRACTIONAL SECTION 22, LYING
BETWEEN THE NORTHEASTERLY SIDELINE OF THE HEREINABOVE DESCRIBED
PARCEL 2, THE NORTHWESTERLY SIDELINE OF THE HEREINABOVE
DESCRIBED PARCEL 1 AND THE ARC OF A 20.00 FOOT RADIUS CURVE
CONCAVE NORTHERLY, SAID CURVE BEING TANGENT TO EACH OF THE LAST
TWO MENTIONED LINES.
PARCEL 3 (REFERENCE ONLY, PORTION OF BRIGANTINE DRIVE)
BEGINNING AT THE MOST SOUTHERLY CORNER OF THE HEREINABOVE
DESCRIBED PARCEL 2, SAID POINT BEING ON THE NORTHWESTERLY SIDELINE
OF THE HEREINABOVE DESCRIBED PARCEL 1, SAID POINT BEING ON THE ARC
OF A 1451.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL LINE
TO SAID POINT BEARS NORTH 40°36'08" WEST; THENCE SOUTHWESTERLY
ALONG THE NORTHWESTERLY SIDELINE OF SAID PARCEL 1 AND THE ARC OF
SAID CURVE, THROUGH A CENTRAL ANGLE OF 01°28'27"( AN ARC LENGTH OF
37.33 FEET TO A POINT OF CUSP WITH A 20.00 FOOT RADIUS CURVE CONCAVE
WESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 42°04'34" EAST;
THENCE LEAVING SAID NORTHWESTERLY SIDELINE, NORTHEASTERLY,
NORTHERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 88°03'08" AN ARC LENGTH OF 30.74 FEET;
THENCE RADIAL FROM SAID CURVE NORTH 49°52'18" EAST, 18.00 FEET TO A
PAGE 4 OF 12
:DA M:\Legals\1953 Ocean BluffV004A15.doc
WO 1953-4 2/27/98
16578
POINT ON THE SOUTHWESTERLY SIDELINE OF THE HEREINABOVE DESCRIBED
PARCEL 2; THENCE ALONG SAID SOUTHWESTERLY SIDELINE, SOUTH 40°07'42"
EAST, 19.20 FEET TO THE POINT OF BEGINNING.
PARCEL 4 (SLOPE EASEMENT)
COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER
OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
FRACTIONAL SECTION 22 ALSO BEING THE SOUTHWEST CORNER OF PARCEL
"B" OF CERTIFICATE OF COMPLIANCE RECORDED MARCH 11, 1997 AS FILE NO.
1997-0106631 OF OFFICIAL RECORDS OF SAID SAN DIEGO COUNTY; THENCE
ALONG THE WESTERLY LINE OF SAID NORTHWEST QUARTER OF THE
SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER SOUTH 02°23'14" EAST,
40.37 FEET TO AN ANGLE POINT IN THE WESTERLY SIDELINE OF THE
HEREINABOVE DESCRIBED PARCEL 2, SAID POINT BEING THE BEGINNING OF A
NON-TANGENT 312.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, A
RADIAL LINE BEARS SOUTH 71°43'15" WEST TO SAID POINT BEING THE TRUE
POINT OF BEGINNING; THENCE LEAVING SAID WESTERLY LINE ALONG SAID
WESTERLY SIDELINE OF PARCEL 2 THE FOLLOWING COURSES:
1. SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 4°21'28" A DISTANCE OF 23.73 FEET;
2. SOUTH 22°38I13" EAST, 117.15 FEET TO THE BEGINNING OF A TANGENT
312.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY;
3. SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 17°29'29" A DISTANCE OF 95.25 FEET;
4. SOUTH 40°07'42" EAST, 108.37 FEET TO THE MOST NORTHERLY CORNER
OF THE HEREINABOVE DESCRIBED PARCEL 3.
THENCE ALONG THE WESTERLY SIDELINE OF SAID PARCEL 3 SOUTH 49°52'18"
WEST, 18.00 FEET TO THE BEGINNING OF A NON-TANGENT 20.00 FOOT RADIUS
CURVE CONCAVE WESTERLY, A RADIAL LINE BEARS NORTH 49°52'18" EAST
TO SAID POINT; THENCE CONTINUING ALONG SAID SIDELINE SOUTHERLY
PAGE 5 OF 12
:OA M:\LegalsV1953 Ocean Bluff\004Al5.doc
WO 1953-4 2/27/98
16579
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 88003'08" A
DISTANCE OF 30.74 FEET TO A POINT IN THE NORTHWESTERLY SIDELINE OF
THE HEREINABOVE DESCRIBED PARCEL 1, SAID POINT BEING THE BEGINNING
OF A REVERSE 1451.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A
RADIAL LINE BEARS NORTH 42°04'34" WEST TO SAID POINT; THENCE
SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 06°14'34" A DISTANCE OF 158.10 FEET; THENCE CONTINUING ALONG
SAID SIDELINE SOUTH 41°40'52" WEST, 38.87 FEET TO SAID WESTERLY LINE
OF THE NORTHWEST QUARTER OF THE, SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER; THENCE LEAVING SAID SIDELINE OF PARCEL 1 ALONG
SAID WESTERLY LINE NORTH 02°23'14" WEST, 16.23 FEET; THENCE LEAVING
SAID WESTERLY LINE NORTH 03°41'32" EAST, 70.93 FEET; THENCE NORTH
42°38'54" EAST, 40.97 FEET; THENCE SOUTH 74°57'44" EAST, 45.62 FEET;
THENCE NORTH 48°58'17" EAST. 75.44 FEET; THENCE NORTH 01°48'05" WEST,
26.69 FEET; THENCE NORTH 39°49'04" WEST, 102.45 FEET; THENCE NORTH
29°41'10" WEST, 131.03 FEET; THENCE NORTH 23°22I44" WEST, 47.06 FEET TO
SAID WESTERLY LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF THE SOUTHWEST QUARTER; THENCE ALONG SAID WESTERLY
LINE NORTH 02°23'14" WEST, 57.53 FEET TO THE TRUE POINT OF BEGINNING.
THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.255 ACRE
MORE OR LESS.
PARCEL 5 {SLOPE EASEMENT)
COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER
OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 22
ALSO BEING THE SOUTHWEST CORNER OF PARCEL "B" OF CERTIFICATE OF
COMPLIANCE RECORDED MARCH 11, 1997 AS FILE NO. 1997-0106631 OF
OFFICIAL RECORDS OF SAID SAN DIEGO COUNTY; THENCE ALONG THE
NORTHERLY LINE OF SAID NORTHWEST QUARTER OF THE SOUTHEAST
PAGE 6 OF 12
:DA M:\LegalsM953 Ocean Bluff\004A15.doc
WO 1953-4 2/27/98
16580
QUARTER OF THE SOUTHWEST QUARTER BEING THE SOUTHERLY LINE OF
SAID PARCEL B SOUTH 87°27'43" EAST, 34.51 FEET TO AN ANGLE POINT IN THE
EASTERLY SIDELINE OF THE HEREINABOVE DESCRIBED PARCEL 2, SAID POINT
BEING THE BEGINNING OF A NON-TANGENT 270.00 FOOT RADIUS CURVE
CONCAVE NORTHEASTERLY, A RADIAL LINE BEARS SOUTH 77°2V59" WEST TO
SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE LEAVING' SAID
NORTHERLY LINE ALONG SAID EASTERLY SIDELINE OF PARCEL 2 THE
FOLLOWING COURSES:
1. SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 10°00§12" A DISTANCE OF 47.14 FEET;
2. SOUTH 22°38'13" EAST, 117.15 FEET TO THE BEGINNING OF A TANGENT
270.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY;
3. SOUTHEASTERLY-ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 17°29'29" A DISTANCE OF 82.43 FEET;
4. SOUTH 40°07'42" EAST. 108.37 FEET TO THE BEGINNING OF A TANGENT
20.00 FOOT RADIUS CURVE CONCAVE NORTHERLY;
5. EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE
OF 88°03'08" A DISTANCE OF 30.74 FEET TO A POINT IN THE
NORTHWESTERLY SIDELINE OF THE HEREINABOVE DESCRIBED PARCEL 1,
SAID POINT BEING THE BEGINNING OF A REVERSE 1451.00 FOOT RADIUS
CURVE CONCAVE SOUTHEASTERLY, A RADIAL LINE BEARS NORTH 38°10'50"
WEST TO SAID POINT;
THENCE ALONG SAID NORTHWESTERLY SIDELINE OF PARCEL 1
NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 10°36'42" A DISTANCE OF 268.74 FEET TO THE WESTERLY LINE OF
SAID EASTERLY 208 2/3 FEET OF THE NORTHERLY 208 2/3 FEET AS DESCRIBED
IN DEED TO MILDRED McMILLAN, RECORDED MAY 9, 1966 AS FILE NO. 77307 OF
OFFICIAL RECORDS; THENCE LEAVING SAID SIDELINE OF PARCEL 1 ALONG
SAID WESTERLY LINE NORTH 02°12'02" WEST, 12.95 FEET; THENCE LEAVING
SAID WESTERLY LINE SOUTH 59°59'55" WEST, 223.98 FEET; THENCE SOUTH
48°58'17" WEST, 56.89 FEET; THENCE NORTH 44°49'43" WEST, 132.52 FEET;
PAGE 7 OF 12
;DA M:\LegaIs\1953 Ocean Bluff\004A15.doc
WO 1953-4 2/27/98
16581
THENCE NORTH 21°00'58" WEST, 219.44 FEET; TO SAID NORTHERLY LINE OF
THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER; THENCE ALONG SAID NORTHERLY LINE NORTH
87°27'43" WEST, 15.50 FEET TO THE TRUE POINT OF BEGINNING.
THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.191 ACRE
MORE OR LESS.
PARCEL 6 (SLOPE EASEMENT)
COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHERLY TWO
ACRES OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF
THE SOUTHWEST QUARTER OF SECTION 22; THENCE ALONG THE NORTHERLY
LIN EOF SAID SOUTHERLY TWO ACRES SOUTH 87°31'12" EAST, 118.91 FEET TO
A POINT IN THE SOUTHEASTERLY SIDELINE OF THE HEREINABOVE DESCRIBED
PARCEL 1, SAID POINT BEING THE BEGINNING OF A NON-TANGENT 1349.00
FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL LINE BEARS
NORTH 47°13'15" WEST TO SAID POINT BEING THE TRUE POINT OF BEGINNING;
THENCE LEAVING SAID NORTHERLY LINE ALONG SAID SOUTHEASTERLY
SIDELINE OF PARCEL 1 NORTHEASTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 21043'29" A DISTANCE OF 511.50 FEET TO A
POINT IN THE SOUTHERLY LINE OF SAID EASTERLY 208 2/3 FEET OF THE
NORTHERLY 208 2/3 FEET AS DESCRIBED IN DEED TO MILDRED McMILLAN,
RECORDED MAY 9, 1966 AS FILE NO. 77307 OF OFFICIAL RECORDS; THENCE
LEAVING SAID SIDELINE OF PARCEL 1 ALONG SAID SOUTHERLY LINE SOUTH
87°27'43" EAST, 41.47 FEET; THENCE LEAVING SAID SOUTHERLY LINE SOUTH
72°58'16" WEST, 43.89 FEET; THENCE SOUTH 63052'46" WEST, 149.30 FEET;
THENCE SOUTH 44°57'59" WEST, 315.54 FEET TO SAID NORTHERLY LINE OF
THE SOUTHERLY TWO ACRES; THENCE ALONG SAID NORTHERLY LINE NORTH
87fl31'12" WEST, 51.93 FEET TO THE TRUE POINT OF BEGINNING.
PAGE 8 OF 12
:DA M:\Legals\1953 Ocean Bluff\004A15.doc
WO 1953-4 2/27/98
16582
THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.269 ACRE
MORE OR LESS.
PARCEL 7 (TEMPORARY CONSTRUCTION EASEMENT)
BEING A 20.00 FOOT WIDE STRIP OF LAND, THE WESTERLY LINE BEING
PARALLEL WITH AND 20.00 FEET WESTERLY OF THE WESTERLY LINE OF THE
HEREINABOVE DESCRIBED PARCEL 4.
THE WESTERLY SIDELINE OF SAID 20.00 FOOT WIDE STRIP OF LAND TO BE
SHORTENED OR EXTENDED SO AS TO TERMINATE SOUTHWESTERLY AND
NORTHWESTERLY IN SAID WESTERLY LINE OF THE NORTHWEST QUARTER OF
THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF FRACTIONAL
SECTION 22.
THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.204 ACRE
MORE OR LESS.
PARCEL 8 (TEMPORARY CONSTRUCTION EASEMENT)
BEING A 20.00 FOOT WIDE STRIP OF LAND. THE NORTHERLY LINE BEING
PARALLEL WITH AND 20.00 FEET NORTHERLY OF THE NORTHERLY LINE OF
THE HEREINABOVE DESCRIBED PARCEL 5.
THE NORTHERLY SIDELINE OF SAID 20.00 FOOT WIDE STRIP OF LAND TO BE
SHORTENED OR EXTENDED SO AS TO TERMINATE NORTHWESTERLY IN SAID
NORTHERLY LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST
PAGE 9 OF 12
:DA M:\Legals\1953 Ocean Bluff\004Al5.doc
WO 1953-4 2/27/98
16583
QUARTER OF THE SOUTHWEST QUARTER OF FRACTIONAL SECTION 22. AND
NORTHEASTERLY IN SAID WESTERLY LINE OF THE EASTERLY 208 2/3 FEET OF
THE NORTHERLY 208 2/3 FEET AS DESCRIBED IN DEED TO MILDRED McMILLAN,
RECORDED MAY 9, 1966 AS FILE NO. 77307 OF OFFICIAL RECORDS.
THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.281 ACRE
MORE OR LESS.
PARCEL 9 (TEMPORARY CONSTRUCTION EASEMENT)
BEING A 20.00 FOOT WIDE STRIP OF LAND, THE SOUTHEASTERLY LINE BEING
PARALLEL WITH AND 20.00 FEET SOUTHEASTERLY OF THE SOUTHEASTERLY
LINE OF THE HEREINABOVE DESCRIBED PARCEL 6.
THE SOUTHEASTERLY SIDELINE OF SAID 20.00 FOOT WIDE STRIP OF LAND TO
BE SHORTENED OR EXTENDED SO AS TO TERMINATE SOUTHWESTERLY IN
SAID NORTHERLY LINE OF THE SOUTHERLY TWO ACRES OF THE NORTHWEST
QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
SAID FRACTIONAL SECTION 22 AND NORTHEASTERLY IN SAID SOUTHERLY
LINE OF THE EASTERLY 208 2/3 FEET OF THE NORTHERLY 208 2/3 FEET AS
DESCRIBED IN DEED TO MILDRED McMILLAN, RECORDED MAY 9, 1966 AS FILE
NO. 77307 OF OFFICIAL RECORDS.
THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.240 ACRE
MORE OR LESS.
PARCEL 10 (DRAINAGE EASEMENT)
COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER
OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
FRACTIONAL SECTION 22 ALSO BEING THE SOUTHWEST CORNER OF PARCEL
PAGE 10 OF 12
:DA M:\Legals\1953 Ocean Blumo04A15.doc
W01953-4 2/27/98
16584
"B" OF CERTIFICATE OF COMPLIANCE RECORDED MARCH 11, 19S7 AS FILE NO.
1997-0106631 OF OFFICIAL RECORDS OF SAID SAN DIEGO COUNTY; THENCE
ALONG THE NORTHERLY LINE OF SAID NORTHWEST QUARTER OF THE
SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER BEING THE
SOUTHERLY LINE OF SAID PARCEL "B", SOUTH 87°27'43" EAST (RECORD =
SOUTH 86°53'40" EAST), 34.51 FEET TO AN INTERSECTION WITH THE EASTERLY
SIDELINE OF THE HEREINABOVE DESCRIBED PARCEL 2, SAID POINT BEING
THE BEGINNING OF A NON-TANGENT 270.00 FOOT RADIUS CURVE CONCAVE
NORTHEASTERLY, A RADIAL LINE BEARS SOUTH 77°21'59" WEST TO SAID
POINT BEING THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID
NORTHERLY LINE. SOUTHEASTERLY ALONG SAID EASTERLY SIDELINE AND
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 01°47'21" A
DISTANCE OF 8.43 FEET; THENCE LEAVING SAID EASTERLY SIDELINE SOUTH
63°25'48" EAST, 22.22 FEET; THENCE NORTH 26°34'12" EAST, 15.00 FEET;
THENCE NORTH 63°25'48" WEST, 8.48 FEET TO SAID SOUTHERLY LINE OF SAID
PARCEL "B"; THENCE ALONG SAID SOUTHERLY LINE NORTH 87°27'43" WEST
(RECORD = NORTH 86°53'40" WEST), 21.00 FEET TO THE TRUE POINT OF
BEGINNING.
THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.007 ACRE
MORE OR LESS.
PARCEL 11 (DRAINAGE EASEMENT)
COMMENCING AT THE NORTHWEST CORNER OF. THE SOUTHERLY TWO
ACRES OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF
THE SOUTHWEST QUARTER OF FRACTIONAL SECTION 22; THENCE ALONG THE
NORTHERLY LINE OF SAID SOUTHERLY TWO ACRES SOUTH 87°3ri2" EAST,
118.91 FEET TO A POINT IN THE SOUTHEASTERLY SIDELINE OF THE
HEREINABOVE DESCRIBED PARCEL 1, SAID POINT BEING THE BEGINNING OF A
NON-TANGENT 1349.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A
PAGE 11 OF 12
:DA M:\Legals\1953 Ocean 8luft\004Al5.doc
WO 1953-4 2/27/98
16585
RADIAL LINE BEARS NORTH 47°13'15" WEST TO SAID POINT; THENCE LEAVING
SAID NORTHERLY LINE ALONG SAID SOUTHEASTERLY SIDELINE OF PARCEL 1
NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 08°53'58" A DISTANCE OF 209.53 FEET TO THE TRUE POINT OF
BEGINNING; THENCE CONTINUING ALONG SAID SOUTHEASTERLY SIDELINE
NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 00°43'23" A DISTANCE OF 17.02 FEET; THENCE LEAVING SAID
SOUTHEASTERLY SIDELINE SOUTH 09°46'01" EAST, 49.26 FEET; THENCE
NORTH 80°13'59" EAST, 5.00 FEET; THENCE SOUTH 09046'01" EAST, 27.50 FEET;
THENCE SOUTH 80°13'59" WEST, 25.00 FEET; THENCE NORTH 09°46'01" WEST,
27.50 FEET; THENCE NORTH 80°13'59" EAST, 5.00 FEET; THENCE NORTH
09°46'01" WEST, 41.22 FEET TO THE TRUE POINT OF BEGINNING.
THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.031 ACRE
MORE OR LESS.
7-3- ft
JOHN W. HILL, JR. LS. 5669
HUNSAKER & ASSOCIATES SAN DIEGO, INC.
PAGE 12 OF 12
:DA M:\Legals\1953 Ocean Bluff\004A15.doc
WO 1953-4 2/27/98
\J
v
ROS 14630
' S3M
VICINITY MAP
NO SCALE
HUNSAKER
& ASSOCIATES
SAN oiica rHC
nm Hu«m«fc«t» si su<* no
ENQNEUNC Sw Ota, C* 97OT
OO/JLOO.OWC
|l
INDICATES STREET SURVEY MONUMENT STAMPED
"LS. 5894" PER R OF S 13348.
INDICATES 3/4" IRON PIPE MARKED
"RCE 8210 PER R OF S 12096
INDICATES RECORD DATA PER MAP 12972
INDICATES RECORD DATA PER R OF S 13348
| j INDICATES RECORD DATA PER R OF S 4772
(( )) INDICATES RECORD DATA PER CERTIFICATE OF r\|
COMPLIANCE REC. 3/11/97, 1997-0106631 O.R.V J
LEGAL DESCRIPTION
PORTION OF FRACTIONAL SEC. 22. T12S, R4W. S.B.M.
BASIS OF BEARINGS:
THE BASIS OF BEARINGS FOR THIS MAP IS A PORTION OF
THE NORTHERLY LINE OF FRACTIONAL SECTION 22, T12S.
R4W. S.B.M., PER MAP NO. 13429. I.E. N 89'57'43'E.
SHEET 1 OF 4
DEDICATION PLAT - CITY OF CARLSBAD
APPLICANT:
CATELLUS RESIDENTIAL GROUP
IRVINE. CA 92714
SUITE 400
5 PARK PLA2A
(714) 251-6100
PREPARED BY:
7-?-9 1
JOHN W. HIU. JR. LS. 5669
EXPIRES: 9/JO/99
PROJECT:
SLOPE, TEMPORARY
CONSTRUCTION &
DRAINAGE EASEMENTS
PR. 3.2.105
A.P.N.:
215-070-19
EYHTRIT "B
<\JO•^
JO
86-53'4Q-W)) I
-N 22'38'1J"W 117.15'
\
^
r 29.
ft*lin.OP*
VV1-"J JJ \>./4 \"j »>J\%
-o
otP-fi1^.V
1ft?VA.:^.
R=20'L=30.74'
3:?^
-T.P.O.B.
r(V*V) r«
N'-i'.
X^
fl4AE?
^- 215-070-19
200 300
HUNSAKER& ASSOCIATES
t AM O I I C Q, INC
rUMMNC Km Hjmvkm Si. Suit SO
ENONEEUNC Sw Oi«fa. Ci RQ1
SWrVFlTNC m(H9»S5»450D-
oorju>r4.cwc
SCALE 1" = 100'
NOTE:
DATA SHOWN HEREON IS BASED ON THE FOLLOWING
RECORD OF SURVEY MAPS: 584, 4772, 4773, 5715.
6269, W774, 12096. 1J762 AND 14630. RECORD OF
SURVEY MAP NO. 14608 SHOWS ALTERNATE LOCATIONS
FOR PROPERTY LINES SHOWN HERON. NO
REPRESENTATION IS MADE HEREON AS TO THE LOCATION
OF PROPERTY OR OWNERSHIP LINES.
DEDICATION PLAT - CITY OF CARLSBAD
SHEET 2 OF 4
.3LICANT:
CATTLLUS RESIDENTIAL CROUP
IRVINE, CA 92714
SUITE 400
5 PARK PLAZA
(714) 251-6)00
7-J-Jt
JOHN W. HILL JR. US. 5669
EXPIRES: 9/30/99
PROJECT:
SLOPE, TEMPORARY
CONSTRUCTION &
DRAINAGE EASEMENTS
PR. 3.2.105
A.P.N.:
215-070-19
100 200 300
LEGEND SCALE 1" = 100'
NUMBER
LI
DIRECTION | DISTANCE
N 02'23'14'W \54.88'
12 \N 02'23'14~W \57.5J'
LJ
L4
L5
N 02'23'14"W
N ar27'43"W
N 2S22'44"W
40.37'
34.51'
47.06'
INDICATES SLOPE EASEMENT
INDICATES TEMPORARY CONSTRUCTION EASEMENT
NOTE:
HUNSAKER
& ASSOCIATES
SAN O I I C O, INC
NUMBER
Ct
C2
DELTA
04'2!'2B~
17~29 "29"
RADIUS
312.00
312.00
LENGTH
23.73
95.25
FUM4NC -mn Humtn St. Sun 209
BONSJUNC S«i Dtrto. O m?1
SWWV HEREON IS BASED ON THE FOLLOWING
RECORD OF SURVEY MAPS: 584. 4772. 4773, 5715,
6269. 10774, 12096, 13762 AND 14630. RECORD OF
SURVEY MAP NO. 14608 SHOWS ALTERNATE LOCATIONS
FOR PROPERTY LINES SHOWN HEREON. NO
REPRESENTATION IS MADE HEREON AS TO THE LOCATION
OF PROPERTY OR OWNERSHIP LINES.SHEET 3 OF 4
DEDICATION PLAT - CITY OF CARLSBAD
APPLICANT:
CATELLUS RESIDENTIAL CROUP
IRVINE. CA 92714
SUITE 400
5 PARK PLAZA
(714) 251-6100
PREPARED BY:
JOHN W. HILL, JR. LS. 5669
EXPIRES: 9/30/99
PROJECT:
SLOPE. TEMPORARY
CONSTRUCTION &
DRAINAGE EASEMENTS
PR. 3.2.105
A.P.N.:
215-070-19
EXHIBIT "B"
"589
P.O.C. PARCEL 11
100 0 100 200 300
LEGEND SCALE 1" = 100'
I INDICATES DRAINAGE EASEMENT
NOTE:
NUMBER] DIRECTION
LI
12
L3
L4
15
N 8T27'43~W
N 6S2S'48~W
N 26'34'J2'£
N 6S25'4B~W
N S7m27'43'Vf
DISTANCE
21.00'
8.48'
15.00'
22.22'
34.51'
NUMBER
CJ
DELTA
0}'47'2t~
RADIUS
270.00
LENGTH
8.43
HUNSAKER
& ASSOCIATES
SAM O I I C a IHC
•am Huvmtn St Sat* »0
ENONSXJNC SM IM«Q. Ca OT1
SURVEYING FHM»)SS»-<SOO • FXtfclWSfrlTM
5WHW HEREON IS BASED ON THE FOLLOWING
RECORD OF SURVEY MAPS: 584. 4772. 4773. 5715.
6269, 10774. 12096, 13762 AND 14630. RECORD OF
SURVEY MAP NO. 14608 SHOWS ALTERNATE LOCATIONS
FOR PROPERTY LINES SHOWN HEREON. NO
REPRESENTATION IS MADE HEREON AS TO THE LOCATION
OF PROPERTY OR OWNERSHIP LINES.SHEET 4 OF 4
LI CANT:
CATELLUS RESIDENTIAL GROUP
IRVI/*:. CA 92714
SUITE 400
5 PARK PLAZA
(714) 251-6100
DEDICATION PLAT - CITY OF CARLSBAD
PREPARED BY:
JOHN W. HILL JR. LS. 5669
EXPIRES: 9/30/99
PROJECT:
SLOPE, TEMPORARY
CONSTRUCTION &
DRAINAGE EASEMENTS
PR. 3.2.105
A.P.N.:
215-070-19
EXHIBIT "B"
16590
EXHIBIT B
EXHIBIT "A"
LEGAL DESCRIPTION
RUDVALIS FAMILY TRUST
PR. 3.2.100
THOSE PORTIONS OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF
THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF FRACTIONALv.
SECTION 22, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO
MERIDIAN, AS DESCRIBED IN QUITCLAIM DEED RECORDED JUNE 27, 1989 AS
FILE NO. 89-337985 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY, IN THE
CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA.
ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL 1 (SLOPE EASEMENT)
BEGINNING AT THE NORTHWEST CORNER OF THE NORTH HALF OF THE
SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST
QUARTER OF SAID SECTION 22; THENCE ALONG THE NORTHERLY LINE
THEREOF, SOUTH 87°31'12" EAST, 39.05 FEET; THENCE LEAVING SAID
NORTHERLY LINE, SOUTH 44a57'59" WEST, 52.90 FEET TO A POINT ON THE
WESTERLY LINE OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE
SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 22;
THENCE ALONG SAID WESTERLY LINE, NORTH 02°23'14" WEST, 39.15 FEET TO
THE POINT OF BEGINNING.
THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.017 ACRE
MORE OR LESS.
PAGE 1 OF 2
:DA M:\Legals\1953 Ocean 8lum004A14.doc
WO 1953-4 3/4/98
16592
PARCEL 2 (TEMPORARY CONSTRUCTION EASEMENT)
BEING A 20.00 FOOT WIDE STRIP OF LAND, THE SOUTHEASTERLY LINE BEING
PARALLEL WITH AND 20.00 FEET SOUTHEASTERLY OF THE SOUTHEASTERLY
LINE OF THE HEREINABOVE DESCRIBED PARCEL 1.
THE SOUTHEASTERLY SIDELINE OF SAID 20.00 FOOT WIDE STRIP OF LAND TO
BE SHORTENED OR EXTENDED SO AS TO TERMINATE SOUTHWESTERLY IN
THE WESTERLY LINE OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF
THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION
22 AND NORTHEASTERLY IN THE NORTHERLY LINE OF THE NORTH HALF OF
THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF SAID SECTION 22.
THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.033 ACRE
MORE OR LESS.
7 " C~- •?J •> /
JOHN W. HILL, JR. LS. 5669
HUNSAKER & ASSOCIATES SAN DIEGO, INC.
PAGE 2 OF 2
:OA M:\Legals\1953 Ocean Blum004A14.doc
WO 1953-+ 3/4/93
NO./4772
^v <f. ,
£> /v - / ™ST- 7- SAN DIECO CAS cSr ELKTRir
«?^1S&*/f'^
16593
RUDVALIS FAMILY TRUST
APN 215-070-04
SW1/4
22, T12S, R4W, S.3.M.
]50> ^N DI£CO
LEG!
X\\x
SND^ T i
INDICATES SLOPE EASEMEN
INDICATES TEMPORARY
CONSTRUCTION EASEMENT
\
N
\
T
100 0
^m •• ••
100
IB
200 300
HUNSAKER
& ASSOCIATES
IAN oiiea INC
n^MMNC OTJ Himdwi 5t Sm 200
yV0/p SCALE r = 100'
CW7X 5WOHW HEREON IS BASED ON THE FOLLOWING
RECORD OF SURVEY MAPS: 584. 4772. 4773, 57/5,
6269. 10774, 12096. 13762 AND 14630. RECORD OF
SURVEY MAP NO. 14608 SHOWS ALTERNATE LOCATIONS
FOR PROPERTY LINES SHOWN HEREON. NO
REPRESENTATION IS MADE HEREON AS TO THE LOCATION
OF PROPERTY OR OWNERSHIP LINES.Sr£ET 1 Of 1
DEDICATION PLAT - CITY OF CARLSBAD
PFLICANT:
CATELUJS RESIDENTIAL C?OP
IRVINE. CA 92714
SUITE 400
5 PARK PLAZA
(714) 251-6100
PREPARED BY:
JOHN W. HILL, JR. LS. 5669
EXPIRES: 9/30/99
PROJECT:
SLOPE & TEMPORARY
CONSTRUCTION
EASEMENTS
PR. 3.2.700
A.r.N.:
215-070-04
EXHIBIT "B
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RONALD BALL, CITY ATTORNEY
1200 CARLSBAD VILLAGE DRIVE
CARLSBAD, CA 92008
EXEMPT FROM FILING FEES PER'GOVTCODE §6103
ASARO, KEAGY, FREELAND & MCKINLEY, Special Counsel
ROSCOE D. KEAGY, SB# 32541
RICHARD R. FREELAND, SB# 64092
3170 Fourth Avenue, Fourth Floor
San Diego, California 92103
Telephone: (619)297-3170
Facsimile: (619) 299-4268
Attorneys for Plaintiff
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN DIEGO
CITY OF CARLSBAD,
Plaintiff,
v.
No. N78249-1
(Consolidated with No. N 78252-1)
) Complaint Filed 06/03/98
WILLIAM BAKER, DONNA MARIE BAKER,
et al.,
Defendants.
CITY OF CARLSBAD,
Plaintiff,
v.
JOSEPH A. RUDVALIS and BARBARA G.
RUDVALIS, etc., et al.,
Defendants.
) NOTICE OF ENTRY OF
) JUDGMENT AFTER
) REMITTITUR
) Dept.: 27
) Judge: Hon. Jacqueline M. Stern
G \kmk\CARLSBAD\BAKER\After-App\NlcEnlJdmt.wpd 3/29/01 10:20 AM NOTICE OF ENTRY OF JUDGMENT
1 TO ALL PARTIES AND TO THEIR RESPECTIVE COUNSEL OF RECORD:
2 PLEASE TAKE NOTICE that on January 28, 2004, Judgment After Remittitur on
3 Consolidated Actions Special Verdict was entered in the above-captioned action, a true and correct
4 copy of which is attached hereto as Exhibit "A."
5 Date: February 9, 2004 ASARO, KEAGY, FREELAND & McKINLEY
Bv:
7 ROSCOE D. KEAGY
RICHARD R. FREELAND
8 Special Counsel for Plaintiff
CITY OF CARLSBAD
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G:\kmk\CARLSBAD\BAKER\After-App\NtcEntJdmt.wpd 2/9/04 9:15 AM 1 NOTICE OF ENTRY OF JUDGMENT
EXHIBIT - A
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EXEMPT FROM FILING FEE PER GOVT. CODE § 6103
!•"! J
WiUV:.:,^.'.., '-'A ••'
JAH2PPP-M
Oy: P AAhfAA. :.op;,iy
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN DIEGO
CITY OF CARLSBAD,
Plaintiff,
V.
WILLIAM BAKER, DONNA MARIE BAKER,
et al.,
Defendants.
CITY OF CARLSBAD,
Plaintiff,
V.
JOSEPH A. RUDVALIS and BARBARA G.
RUDVALIS, etc., et al.,
Defendants.
) No. N78249-1
)
) Complaint Filed 06/03/98
)
j
)
)
)
)
) No. N 78252-1
)
) Complaint Filed 06/03/98
)
)
) JUDGMENT AFTER
) REMITTITUR ON
) CONSOLIDATED ACTIONS
) SPECIAL VERDICT
j
The above-entitled consolidated eminent domain actions came on regularly for trial on April
26, 2001, in Department 24 of the above-entitled
Presiding. Richard R. Freeland and Roscoe D.
Court, the Honorable David B. Moon, Jr., Judge
Keagy of Asaro, Keagy, Freeland & McKinley,
Special Counsel, appeared for plaintiff City of Carlsbad; and Michael H. Leifer and Ronald M. Cole
of Palmieri, Tyler, Wiener, Wilhelm & Waldron LLP appeared for defendants Pamela Koide doing
G:\kmk\CARLSBAD\BAKER\AHcr-App\Jiidnim.V2wpii 7/1 1/03 3 16PM >JUDGMENT ON CONSOLIDATED ACTIONS SPECIAL VERDICT
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business as Bird Rock Tropicals ("Koide") and Joseph A. Rudvalis and Barbara G.
Trustees of the Joseph and Barbara Rudvalis Family Trust UDT 06/07/89 ("Rudvalis
defendants nor their representatives appeared.
Rudvalis as
"). No other
A jury of twelve persons was duly empaneled and sworn. Witnesses were sworn and
testified. Oral and documentary evidence was admitted, and the cause was argued by counsel for the
respective parties. After being duly instructed by the Court, the jury deliberated and thereon returned
the following consolidated actions special verdict:
We, the jury in the above-entitled eminent domain proceedings,
answer each of the Court's questions below and finds as follows:
Rudvalis Orchid Claims
Question No. 1:
What do you find to be just compensation, if any, to which
defendants Joseph and Barbara Rudvalis are entitled for non-
economic (physical) damages to unaffixed, moveable personal
property caused by plaintiff City of Carlsbad's taking and/or
construction and use of the Poinsettia extension project?
Answer: $118,324
Question No. 2:
What do you find to be just compensation, if any, to which
defendants Joseph and Barbara Rudvalis are entitled for economic
damages to unaffixed, moveable personal property caused by plaintiff
City of Carlsbad's taking? NOTE: In making an award of such
damages, if any, do not include any amount you may have awarded
defendants in Question No. 1 above.
Answer: $745,036
Question No. 3:
What do you find to be just compensation, if any, to which
defendants Joseph and Barbara Rudvalis are entitled for economic
damages to improvements pertaining to realty caused by plaintiff City
of Carlsbad's taking and or construction and use of the Poinsettia
extension project?
Answer: $640,431
0 \kmk\CARLSBAD\BAKER\Aftn-App\Judmni-V2 wpd 7/1 1/0} 3 16 PM 2 JUDGMENT ON CONSOLIDATED ACTIONS SPECIAL VERDICT
1 Pam Koide dba Bird Rock Tropicals Claims
2 Question No. 4:
3 What do you find to be just compensation, if any, to which
defendant Pam Koide is entitled for non-economic (physical)
4 damages to unaffixed. moveable personal property caused by plaintiff
City of Carlsbad's taking and or construction and use of the Poinsettia
5 extension project:
6 Answer: $153,710
7 Question No. 5:
8 What do you find to be just compensation, if any, to which
defendant Pam Koide is entitled for economic damages to unaffixed,
9 moveable personal property caused by plaintiff City of Carlsbad's
taking? NOTE: In making an award of such damages, if any, do not
10 include any amount you may have awarded defendants in Question
No. 4 above.
11
Answer: $759,556
12
Question No. 6:
13
What do you find to be just compensation, if any, to which
14 defendant Pam Koide is entitled for economic damages to
improvements pertaining to realty caused by plaintiff City of
15 Carlsbad's taking and/or construction and use of the Poinsettia
extension project?
16
Answer: $195,009
17
Dated: 05/22/01 /s/ Donald Haas. Jr.
18 Presiding Juror
19
It appearing to the Court that on June 3, 1998, plaintiff filed its Complaint in Eminent
20
Domain in Case No. N78249-1 with respect to the real property described in plaintiffs complaint
21
against defendants William Baker and Donna Marie Baker ("Baker");
22
It further appearing to the Court that on June 3, 1998, plaintiff City of Carlsbad filed its
23
Complaint in Eminent Domain in Case No. N78252-1 with respect to the real property described in
24
plaintiffs complaint against defendants Rudvalis; San Diego Gas and Electric Company
25
("SDG&E"); Martyn J. Yardley; Frances J. Yardley; Douglas W. Rolph; Margie Lou Rolph; Robert
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N. Belyea; Transamerica Title Insurance Company, a California corporation; Zita Rudvalis; and
Trustors Security Service, a California corporation;
It further appearing to the Court that the interests in real property comprising the Subject
Property being condemned in these consolidated proceedings consists of the portions of real property
located within the City of Carlsbad, County of San Diego, California, as more particularly described
in Exhibit "A" (Legal Description, Baker, PR. 3.2.105 & PR. 3.4.317) and Exhibit "B" (Legal
Description, Rudvalis Family Trust, PR. 3.2.100) attached to this Judgment and incorporated by this
reference;
It further appearing to the Court that on June 9,1998, plaintiff deposited with the Court the
sum of $84,600.00 in Case No. N78249-1, with respect to the real property of defendants Baker
sought to be condemned;
It further appearing to the Court that all of this amount has been withdrawn by defendants
Baker;
It further appearing to the Court that on June 9,1998, plaintiff deposited with the Court the
sum of $500.00 in Case No. N78252-1, with respect to the real property of defendants Rudvalis
sought to be condemned;
It further appearing to the Court that none of this amount has been withdrawn by defendants;
It further appearing to the Court that, pursuant to Order for Prejudgment Possession, plaintiff
was authorized to take possession of the real property described in plaintiffs Complaint in Eminent
Domain 30 days after service of a copy of the order on the record owners of said real property as
provided in Section 1255.410 of the Code of Civil Procedure, and that the effective date of the Order
for Possession is July 9,1998;
It further appearing to the Court that plaintiff amended its Complaint in Eminent Domain in
Case No. N78249-1 herein to add defendants Thurlo M. Schindler, Victoria Fernandez, as Trustee
Under the Fernandez Family Trust Dated April 21, 1982 ("Fernandez"), Carlsbad Promenade, and
Koide;
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It further appearing to the Court that Case No. N78249-1 and Case No. N78525-1 were
ordered consolidated for all purposes, including, without limitation, trial and appeal;
It further appearing to the Court that on April 26, 2001, an Interlocutory Judgment in
Condemnation was entered as between plaintiff City of Carlsbad and defendants Baker as to all
claims of defendants Baker in the real property described in plaintiffs complaint on file in Case No.
N78249-1 herein (as set forth in Exhibit "A" attached hereto), said Interlocutory Judgment in
Condemnation is incorporated herein by this reference as though fully set forth;
If further appearing to the Court that defendants Thurlo M. Schindler, Fernandez, and
Carlsbad Promenade have filed disclaimers disclaiming any right, title or interest in the real property
described in plaintiffs Complaint in Eminent Domain in Case No. N78249-1 (Exhibit "A");
It further appearing to the Court that defendants Martyn H. Yardley, Douglas W. Rolph,
Margie Lou Rolph, Robert N. Belyea, Carly W. Belyea, and Francis J. Yardley were served with
summons and complaint in eminent domain and having failed to respond have been defaulted in
Case No. N78252-1;
It further appearing to the Court that the defendants Transamerica Title Insurance Company,
a California corporation, Trustor's Security Service, SDG&E, and Zita Rudvalis have filed
disclaimers disclaiming any right, title or interest in the real property described in plaintiffs
Complaint in Eminent Domain in Case No. N78252-1 (Exhibit "B");
It further appearing to the Court that on April 18, 2001, defendants Rudvalis accepted
plaintiffs final offer of compensation in the amount of $5,000.00 plus interest and costs, with
respect to the taking of the interests in real property described in plaintiffs complaint in Case No.
N78252-1 herein (as set forth in Exhibit "B" attached hereto), and not including improvements
pertaining to the realty or other tangible assets of Rudvalis Orchids;
It further appearing to the Court that on November 14,2001, this Court entered a Judgment
on Consolidated Actions Special Verdict that awarded to defendant Koide the sum of $153,700.00
for non-economic (physical) damages to unaffixed, movable personal property, the sum of
$759,556.00 for economic damages to unaffixed, movable personal property, and the sum of
C \kmk\CARLSBAD\DAKBR\Ancr-App\Jiidmni-V2 wpd 7/11/03 3 16 I'M -> JUDGMENT ON CONSOLIDATED ACTIONS SPECIAL VERDICT
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$ 195,009.00 for economic damages to improvements pertaining to realty; and to defendants Rudvalis
the sum of $118,324.00 for non-economic (physical) damages to unaffixed, movable personal
property, the sum of $745,036.00 for economic damages to unaffixed, movable personal property,
the sum of $640,431.00 for economic damages to improvements pertaining to realty, and the sum
of $5,000.00 as compensation for the taking of the interest in their real property, not including
improvements pertaining to realty or other tangible assets of Rudvalis Orchids;
It further appearing to the Court that on November 15, 2001, plaintiff filed a timely appeal
from the judgment;
It further appearing to the Court that on December 10,2001, defendants Koide and Rudvalis
filed a motion to increase the amount of deposit pursuant to the provisions of Code of Civil
Procedure section 1255.030 to reflect the above-referenced award, plus interest, less any
withdrawals;
It further appearing to the Court that on February 20, 2002, this Court issued an order
increasing the amount of deposit based on Code of Civil Procedure section 1255.030, as interpreted
in Redevelopment Agency v. Oceanic Arts (1995) 33 Cal.App.4th 1052, and People ex rel
Department of Transportation v. Zivelonghi (11986) 181 Cal.App.3d 1035;
It further appearing to the Court that on April 11, 2002, plaintiff increased the amount on
deposit, pursuant to the above-referenced order, by placing an additional sum of $3,203,247.00 with
the county treasury;
It further appearing to the Court that on July 2, 2002, this Court issued an order sustaining
objections to defendant Koide's verified application to withdraw $1,354,431.00 from the
condemnation deposit;
It further appearing to the Court that on July 2, 2002, this Court issued an order sustaining
objections to defendants Rudvalis' verified application to withdraw $1,848,816.00 from the
condemnation deposit;
It further appearing to the Court that on July 2, 2002, this Court issued an order for
withdrawal of a portion of the condemnation award, which authorized defendant Koide to withdraw
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the sum of $180,700.00, which sum represents the award of non-economic (physical) damages to
unaffixed, movable personal property, plus interest;
It further appearing to the Court that on July 2, 2002, this Court issued an order for
withdrawal of a portion of the condemnation award, which authorized defendants Rudvalis to
withdraw the sum of $139,100.00, which sum represents the award of non-economic (physical)
damages to unaffixed, movable personal property, plus interest;
It further appearing to the Court that defendant Koide and defendants Rudvalis have
withdrawn those amounts pursuant to the above-referenced orders;
It further appearing to the Court that on June 10,2003, the Court of Appeal of the State of
California, 4lh District, Division One, issued an opinion that reversed the judgment and remanded
the matter with directions that this Court enter a new judgment omitting defendant Koide's awards
of $759,566.00 for economic damages to unaffixed, movable personal property and $ 195,009.00 for
economic damages to improvements pertaining to realty; omitting defendants Rudvalis' awards of
$745,036.00 for economic damages to unaffixed, movable personal property and $640,431.00 for
economic damages to improvements pertaining to realty; and awarding defendant Koide and
defendants Rudvalis non-economic damages in the amounts of $153,710.00 and $118,324.00,
respectively;
It further appearing to the Court that the decision of the Court of Appeal has become final
and a remittitur has been filed with Clerk of this Court;
It further appearing to the Court that defendant Koide is entitled to recover from plaintiff City
of Carlsbad just compensation for non-economic (physical) damages to unaffixed, movable personal
property caused by plaintiff City of Carlsbad's taking and or construction and use of the Poinsettia
extension project in the amount of $153,710.00 plus interest and costs as allowed by law;
It further appearing to the Court that defendants Rudvalis are entitled to recover just
compensation from plaintiff City of Carlsbad for non-economic (physical) damages to unaffixed,
movable personal property caused by plaintiff City of Carlsbad's taking and or construction and use
of the Poinsettia extension project in the amount of $ 118,324.00, plus interest and costs as allowed
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by law, as well as $5,000.00, plus interest and costs, for the taking of the interest in real property
described in plaintiffs Complaint in Eminent Domain in Case No. N78252-1 (Exhibit "B"), not
including improvements pertaining to realty or other tangible assets of Rudvalis Orchids;
NOW, THEREFORE, IT IS ADJUDGED, ORDERED AND DECREED as follows:
1. The Judgment on Consol idated Actions Special Verdict that was entered by this Court
on November 14, 2001, shall be and hereby is set aside and vacated;
2. Defendant Koide is entitled to recover from plaintiff City of Carlsbad the principal
sum of $153,710.00, plus interest thereon from May 1, 1999 to date of payment;
3. Defendants Rudvalis are entitled to recover from plaintiff City of Carlsbad the
principal sum of $123,324.00 plus interest on $118,324.00 from May 1, 1999 to date of payment,
and interest on $5,000.00 from July 9, 1998 to date of payment;
4. Koide, on August 8, 2002, withdrew the sum of $180,700 from the condemnation
deposit. Saidsum included the principal amount of$153,710, plus interst from May 1,1999 to April
12, 2002, in the amount of $26,990. Koide is due the sum of $2.326 for interest on the principal
amount of $153,710 from April 12, 2002 to August 8, 2002. Said sum shall be paid to Defendant
Koide in care of Palmieri, Tyler, Wiener, Wilhelm & Waldron, LLP, attention Michael H. Leifer,
2603 Main Street, Suite 1300, Irvine, California 92614-6228.
5. Rudvalis, on August 8,2002, withdrew the sum of $ 13 9,100 from the condemnation
deposit. Said sum included the principal amount of $118,324, plus interest from May 1, 1999 to
April 12, 2002, in the amount of $20,776. Defendants Rudvalis are due the sum of $1,791 for
interest on the principal amount of $139,100 from April 12, 2002 to August 8, 2002. In addition,
the remaining sum of $5,000, plus interest from July 9, 1998 to date of payment, shall be paid to
Defendants Rudvalis. Said sums shall be paid to Defendants Rudvalis in care of Palmieri, Tyler,
Wiener, Wilhelm & Waldron, LLP, attention Michael H. Leifer, 2603 Main Street, Suite 1300,
Irvine, California 92614-6228.
6. Upon payment to defendants Rudvalis of the sums of money specified herein, the
interests of said defendants in and to the real property described in plaintiffs Complaint in Eminent
Domain (and as set forth in Exhibit "B" attached hereto) shall be condemned to plaintiff and against
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22
23
24
25
26
27
28
defendants Rudvalis for the uses and purposes described in plaintiffs complaint, to wit: The
Poinsettia Lane extension project; and title to the real property and interests in real property
described in plaintiffs Complaint in Eminent Domain (as set forth in Exhibit "B" attached hereto)
shall vest in plaintiff on the day a Final Order in Condemnation is recorded in the Official Records
of the County of San Diego, State of California;
7. The receipt of the payments as specified herein shall constitute a waiver by operation
of law of any claim or right of defendants Koide and Rudvalis to any funds remaining on deposit in
the San Diego County Treasury, and said defendants, and each of them, hereby assign to plaintiff any
such right to or interest in such funds which defendants may have. Plaintiff is entitled to the
immediate release of any funds remaining on deposit in these consolidated actions in the San Diego
County Treasury plus accrued interest thereon. The Clerk of the San Diego County Superior Court
is hereby ordered to disburse such funds in the San Diego County Treasury to: City of Carlsbad, c/o
Richard R. Freeland, Asaro, Keagy, Freeland & McKinley, 3170 Fourth Avenue, 4lh Floor, San
Diego, California 92103;
8. The uses and purposes for which the real property and interests in real property are
condemned are public uses authorized by law and the taking thereof in the estates described in
plaintiffs Complaint in Eminent Domain is necessary for such uses;
9. The payments to defendants of the sums of money as specified herein shall be in full
payment for those interests of said defendants in the real property as described in plaintiffs
Complaint, including all damages of every kind and nature which may have been suffered or to be
suffered by defendants by reason of the taking of the real property and interests in real property for
the construction and use of the Poinsettia Lane extension project in the City of Carlsbad;
10. Possession having been taken by plaintiff on or about July 9,1998, as it relates to all
defendants, all taxes and assessments, penalties and costs which are a lien on the parcels taken,
including all taxes and assessments which are apportioned or imposed with respect to that portion
of the fiscal year after said date, are canceled pursuant to section 5081, et seq. of the Revenue and
Taxation Code, upon the filing and recordation of Final Order in Condemnation in the Official
Records of the County of San Diego, State of California;
G \kink\CARLSBAD\BAKER\ARtr-AppMudmnl-V2 wpd 7/I4/B3 2 35 PM " JUDGMENT ON CONSOLIDATED ACTIONS SPECIAL VERDICT
1
2
3
4
5
6
7
8
9
10
11
12
13 TO 2 9 20P4 JACQUELINE M. STERN
14
15
16
17
18
19
i.0
21
22
23
24
25
26
27
11. Upon payment of the amounts set forth herein, or the deposit of said amounts with
the Court, defendants stipulate that a Final Order in Condemnation may be entered in this action.
As soon as practical after entry of the Final Order in Condemnation, plaintiff City of Carlsbad shall
cause a certified copy thereof to be recorded in the Official Records of the County of San Diego and
shall serve notice of such recordation upon defendants. Plaintiff shall provide notice of the entry of
the Final Order in Condemnation to counsel for the defendants.
12. Defendant Koide shall recover her costs as provided by law in the amount of
$12,614.88.
13. Defendants Rudvalis shall recover their costs as provided by law in the amount of
$14,997.44.
Plaintiff shall recover its costs on appeal, as ordered by the Court of Appeal, in the amount
of$
Dated:
Judge of the Superior Court
Submitted by:
ASARO, KEAGY, FREELAND & McKINLEY
Richard R. Freeland, Esq.
Attorneys for Plaintiff CITY OF CARLSBAD
Approved as to form:
WIENER, WILHELM & WALDRON LLP
^ J
By:_Z
Ronald M. Cole, Esq.
Attorneys for Defendants
PAM KOIDE dba BIRD ROCK TROPICALS and
JOSEPH A. RUDVALIS and BARBARA RUDVALIS
as Trustees of the JOSEPH AND BARBARA
RUDVALIS FAMILY TRUST UDT 06/07/89
28
0 \kmk\CARLSBAmBAKER\Aflet-App\Judmni-V2 wpd 7/10/03 4 23 PM 10 JUDGMENT ON CONSOLIDATED ACTIONS SPECIAL VERDICT
EXHIBIT "A"
L.£GAL DESCRIPTION
BAKER
PR. 3.2.105
(SLOPE, TEMPORARY CONSTRUCTION, & DRAINAGE EASEMENTS)
THOSE PORTIONS OF THE NORTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF THE SOUTHWEST QUARTER OF FRACTIONAL SECTION 22.
TOWNSHIP- 12 SOUTH. RANGE 4 WEST, SAN BERNARDINO MERIDIAN, AS
DESCRIBED IN DEED TO WILLIAM AND DONNA MARIE BAKER RECORDED
AUGUST 11, 1997. DOCUMENT NO. 1997-0383428 OF OFFICIAL RECORDS OF
SAN DIEGO COUNTY, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA. ACCORDING TO OFFICIAL PLAT THEREOF. BEING
MORE PARTICULARLY DESCRIBED AS FOLLOW:
EXCEPTING THEREFROM THE SOUTHERLY TWO ACRES.
ALSO EXCEPTING THEREFROM THE EASTERLY 203 2/3 FEET OF THE -
NORTHERLY 208 273 FEET AS DESCRIBED IN DEED TO MILDRED McMILLAN.
RECORDED MAY 9. 1965 AS FILE NO. 77307 OF OFFICIAL RECORDS.
PARCEL 1 (REFERENCE ONLY POINSETTIA LANE)
BEING A 102.00 FOOT WIDE STRIP OF LAND LYING 51.00 FEET ON EACH SIDE
OF THE FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE CENTERLINE INTERSECTION OF POINSETTIA LANE AND
AVIARA PARKWAY (FORMERLY ALGA ROAD) AS SHOWN ON CITY OF CARLSBAD
TRACT 90-15, MAP NO. 12972, FILED IN THE OFFICE OF THE COUNTY
RECORDER SEPTEMBER 17, 1992, SAID POINT BEING OCCUPIED BY A STREET
SURVEY MONUMENT STAMPED "LS. 58S4" PER RECORD OF SURVEY MAP NO.
13343, FILED IN THE OFFICE OF THE COUNTY RECORDER AUGUST 8. 1991.
SAID POINT BEARS NORTH 72°12'46* EAST, 593,97 FEET (NORTH 72°47'00- EAST.
A '
593.94 FEET PER R or 348) FROM A POINT ON TF TERUNE OF SAID
POINSETTIA LANE AS SnOvVN ON SAID RECORD OF SURVEY MAP NO 13,48
_SA,D POINT BE.NG OCCUPIED BY A STREET SURVEY MONUMENT STAMPED
LS. 5894 ; THENCE LEAVING SAID CENTERLINE INTERSECTION ALONG S"ID
C=NTERLINE OF POINSETTIA LANE, NORTH 72MZ46' EAST (NORTH 72°<rw
EAST PER MAP 12972). 185.00 FEET TO THE BEGINNING OF TANGENTCURVE
CONCAVE NORTHWESTERLY. HAVING A RADIUS OF 1400 00 FET- THENCE
NORTHEASTERLY ALONG SAID CENTERLINE AND THE ARC OF SAID CURV*
THROUGH A CENTRAL ANGLE OF 02'41'Or A DISTANCE OF 6557 FEET
(02'41'12", 65.55 FEET PER MAP 12972) TO A POINT ON THE SOUTHERLY LINE
OF SAID SECTION 22. SAID POINT BEING THE TRUE POINT OF BEGINNING-
THENCE NORTHEASTERLY ALONG A CONTINUATION OF SAID CENTERLIN-
AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 27°50'53" A
DISTANCE OF 680.46 FEET; THENCE NORTH 41°40'52' EAST 515 u4 FEET TO
• HE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A
RADIUS OF 1400.00 FEET ; THENCE NORTHEASTERLY ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF on ITS' A DISTANCE OF 200 13 -
FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "A"- THENCE
CONTINUING NORTHEASTERLY AND EASTERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 42°3S'00- A DISTANCE OF 1040 92
r« i TO A POINT ON THE SOUTHERLY LINE OF PARCEL 'B' OF CERTIFICATE
OF COMPLIANCE RECORDED MARCH 11. ,997. FILE NO. ,997-0106631 OF
OFFICIAL RECORDS; THENCE ALONG SAID SOUTHERLY LINE. SOUTH 87-3V42-
EAST. 134.77 FEET TO THE SOUTHEAST CORNER OF SAID'PARCEL "B' SAID
POINT BEING OCCUPIED BY A 3/4' IRON PIPE MARKED -RCE 8210'.
THE SIDELINES OF SAID 102.00 FOOT WIDE STRIP OF LAND TO BE SHORTENED
OR EXTENDED SO AS TO TERMINATE SOUTHWESTERLY IN THE SOUTHERLY
LINE OF SAID FRACTIONAL SECTION 22 AND NORTHEASTERLY IN THE
SOUTHERLY LINE OF PARCEL -B- OF SAID CERTIFICATE OF COMPLIANCE AND
EAS,ERLY IN THE WESTERLY LINE OF BLACK RAIL ROAD PER NOTICE OF
PAGE 2 OF12
PENDING ACTION S, - OR COURT CASE NO. ' -924
SEPTEMBER 12, 1SS7. F!L£ NO. 1S97-0444689 OF OFFICIAL RECORDS.
PARCEL 2JREFERENCE ONLY - PORTION OF BRIGANTINE DRIVE)
BEING A 42.00 FOOT WIDE STRIP OF LAND LY!NG 12.00 FEET WESTERLY AND
30.00 FEET EASTERLY OF THE FOLLOWING DESCRIBED LINE:
COMMENCING AT THE HERE.NABOVE DESCRIBED POINT "A" SAID POINT
BEING ON THE ARC OF A 1400.00 FOOT RADIUS CURVE CONCAV=
SOUTHEASTERLY A RADIAL L.NE TO SAID POINT BEARS NORTH WOTtr
WirST; THENCE RADIAL FROM SAID CURVE. NORTH 40-07'42" WEST 51 00 F'ET
TO A POINT ON THE NORTHWESTERLY LINE OF THE HERRNABOVE
DESCRIBED PARCEL 1 SAID POINT BEING THE TRUE POINT OF BEGINNING-
THENCE CONTINUING NORTH 40'07'42" WEST. 127.52 FEET TO A TANGENT
CURVE. CONCAVE NORTHEASTERLY. HAVING A RADIUS OF 300 00 FEET
I HENCE NORTHWESTERLY, ALONG THE ARC OF SAID CURVE. THROUGH A
CENTRAL ANGLE OF 17-297S", AN ARC LENGTH OF 91.58 FEET- THENCE
NORTH 22-38'13" WEST. ,17.15 FEET TO A TANGENT CURVE CONCAVE
NORTHEASTERLY. HAVING A RADIUS OF 300.00 FEET- THENCE
NORTHWESTERLY, ALONG THE ARC OF SA,D CURVE. THROUGH A CENTRAL
ANGLE OF 1V33-05". AN ARC LENGTH OF 60.43 FEET TO THE POINT OF
TcRMINUS SAID POINT BEING ON THE SOUTHERLY LINE OF PARCEL "8' OF
CERTIFICATE OF COMPLIANCE RECORDED'MARCH 11. 1997 FILE N0 18g-
0106631 OF OFFICIAL RECORDS AND LYING SOUTH ST2T43- EAST 3 54 FEET
FROM THE SOUTHWEST CORNER OF SAID PARCEL "8-. THE CONTINUATION OF
SAID CURVE BEING TANGENT TO AND ENDING ON THE WESTERLY LINE OF
SAID PARCEL'S-.
-"AGE 3 OF ,2
„. ,
PARCEL 2. • THE NORTHWESTERLY SIDELINE OF THF
DESCRIBED PARCEL , AND THE ARC OP A 20 00 FOO-
CONCAVE NORTHERLY. SA,0 CURVE BEING TANGENT TO ^0
WO MENTIONED LINES. H °F THE
PARCEL 2. SA,0 POINT BEING ON THE NOR^ ^ fv *
SAID CURVE. THROUGH A CENTRAL ANGLE OF Or28?7 AN AR
RC °F
3.33 FEET TO A POINT OF CUSP W,TH A 20" OO^ ^ "c^T™ "
WESTERLY A RAn.A. , .M^ ™ «AUIUS CURVE C0^4CAVE
THENCE ^vT^S,^^/^1™ 42>°4'34' ^
,c
_
EAST. 1S.20 FEEtTO THE POINT OF BEGINNING TH
PARCEL 4 (SLOPE EASEMENT)
COMMENCING AT THE NORTHWEST CORNER OF SAID
OF THE SOUTHEAST QUARTER OF THP 7n? WEST °UARTER
ALONG THE WESTERLY UNE OF SA,D
SOUTHEAST QUARTER OF THE SOUTHWEST QUART
«-37 FEET TO AN ANGLE POINT ,N THE LY .
HERBNABOVE DESCR,BED PARCEL 2. SAID PO^T E NG THE BF^" ^ THE
NON-TANGENT 312.00 FOOT RADIUS CURVE rn«r BEG1NNING OFA
LINE BEARS SOUTH ™'1S* W^n c N°RTHEAS^HLY, ABEGINNING: "^^^^
THENCE ALONG THE WESTERLY S.DELINE OF SAID PARCF, , «n
WEST. ,3.00 FEET TO THE BEGINNING OFA NON^ANGEN ,n
CURVE CONCAVE WESTERLY. A RAO,AL
SA,0 PO,N, THENCE CONT,NU,NG
FAGE 5 OF 1 2
•7C.
ALONG THE ARC OF - :URVE THROUGH A CENT,
-STANCE OP 30,4 FEET TO A PO.NT ,N THE NORn
Th= HEREINA80VE DESCRIBED PARCE' 1 S'lD POISJ- c-, °F
A REVERSE ,4,1,0 FOOT R.O ^OT R.O
RADiAL L,NE BEARS NORTH 42^34' WEST TO SA,n o
SOUTHWESTERLY ALONO THE ARC OP ^ , CURVE OUCH^
ANGLE OFOe.,4-34- A D.STANCE OP 153,0 PEET- THENCE CONn^
SA.D SIDELINE SOUTH 4, -40'S2" WEST 38 87 PP-T rn '
EAST. 40.S7 FEET; THENCE z EAS- -
NORTH 48,,, EAST. 7,44 PEHT; THENC^RT^,
02 23 14 WEST. 5/.S3 FEET TO THE TRUE POINT OF BEGINNING.
-RE
PARCEL 5 (SLOPE EASEMENT)
ir. i-
QUARTER OF THE SO VEST QUARTER BEING TH' JTHERLY LINE OF
SAID PARCEL B SOUTH 87'27'43- EAST, 34.51 FEET TO AN ANGLE POINT IN THE
EASTERLY SIDELINE OF THE KEREINAEOVE DESCRIBED PARCEL 2, SAID POINT
BEING THE BEGINNING OF A NON-TANGENT 270.00 FOOT RADIUS CURVE
CONCAVE NORTHEASTERLY, A RADIAL LINE BEARS SOUTH 77°21'59» WEST TO
SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID
NORTHERLY LINE ALONG SAID EASTERLY SIDELINE OF PARCEL 2 THF
FOLLOWING COURSES:
1- SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 10W12" A DISTANCE OF 47.14 FEET;
2. SOUTH 22'38'13" EAST, 117.15 FEET TO THEBEGINNING OF A TANGENT
270.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY;
3. SOUTHEASTERLY-ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF i7°29'29" A DISTANCE OF 82.43 FEET;
4. SOUTH 40-07-42' EAST. 108.37 .FEET TO THE BEGINNING OF A TANGENT
20.00 FOO i RADIUS CURVE CONCAVE NORTHERLY;
5- EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGL^
OF. 88°03'08" A DISTANCE OF 30.74 FEET TO A POINT IN THE
NORTHWESTERLY SIDELINE OF THE HEREJNABOVE DESCRIBED PARCEL 1
SAID POINT BEING THE BEGINNING OF A REVERSE 1451.00 FOOT RADIUS
CURVE CONCAVE SOUTHEASTERLY. A RADIAL LINE BEARS NORTH 33°10'50"
WEST TO SAID POINT;
THENCE ALONG SAID NORTHWESTERLY SIDELINE OF PARCEL 1
NOR.HEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 10-36-42" A DISTANCE OF 253.74 FEET TO THE WESTERLY LINE OF
SAID EASTERLY 208 2/3 FEET OF THE NORTHERLY 208 2/3 FEET AS DESCRIBED
IN DEED TO MILDRED McMILLAN. RECORDED MAY 9, 1965 AS FILE NO 77307 OF
OFFICIAL RECORDS; THENCE LEAVING SAID SIDELINE OF PARCEL 1 ALONG '
SAID WES.ERLY LINE NORTH 02'12'02" WEST, 12.95 FEET; THENCE LEAVING
SAID WESTERLY LINE SOUTH 59-59'55" WEST, 223.98 FEET; THENCE SOUTH
48'58'17" WES i. 56.S9 FEET; THENCE-NORTH 44-49'43" WEST, 132.52 FEET
:CA M
VVO 1S52-J 2/77/Sa
Ex* »i? IT A c*a =>-/ I
NORTH 21-
DESCRIBED PARCEL
PARCEL 6 (SLOPE EASEMENT)
COMMENC.NG AT THE NORTHWEST CORNER OF THE ,nn-
ACRES OF SA,D NORTHWEST QUARTER OF THE SOUTHS t" ™°
THE SOUTHWEST OUARTER OF SHCTiON * THENCE AtZ
UNE OF SA,0 SOUTHERN TWO ACRES SOUTH ^ H2 EAST
HERESov
POINT IN THE SOUTHER, v , ,MC ~ DISTANCE OF 511.50 FEET TO A
~
'co i, «j.gg FEcT; THENCE SOUTH 63"57^R" >^ycrc«^
PAGE 8 OF '2
THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTA^
MORE OR LESS.' ' CONTAINS 0.269 ACRE
PARCEL 7 (TEMPORARY CONSTRUCTION EASEMENT)
BEING A 20.00 FOOT W,DE STRIP OF LAND. THE
THE WESTERLY SIDELINE OF SA!D 20.00 FOOT WIDE STRIP nc ,
0,0,
PARCEL 8 (TEMPORARY CONSTRUCTION EASEMENT)™
' HE HEREINASOVE DESCRIBED PARCEL 5. ERLY LINE OF
THE NORTHERLY SIDELINE OF SA.O 20.00 FOOT WIDE STRIP n
S 9 OF 12
-7 I o-f
QUARTER OF THE SOI - -:ST QUARTER OF FRACTI 3ECT|O, „
NORTHEASTERLY ,N SA10 WESTERLY UNE 0, THE EASTERLY'l^ --r°
• HE NORTHERLY203 2/3 FEET AS DESCRIBED IN DEED TO
RECORDED MAY 9,1966 AS F(LE No. 77307 QF
DESCRIBED
MOREORLESS. ™" ~' ^ "UN'AINS 0.281
PARCEL 9 (TEMPORARY CONSTRUCTION EASEMENT)
BEING A 20.00 FOOT WIDE STRIP OF LAND. THE SOUTHEASTERLY UNE BE.NC
PARALLEL W.TH AND 20.00 FEET SOUTHEASTERLY OF THE SOUTHEAS- RLY
LINE OF THE HEREiNASOVE DESCR.BED PARCEL 6. '
HE SOUTHEASTERLY SIDELINE OF SAID 20.00 FOOT WIDE STR.P OF LAND TO
UN : OF THE EASTERLY 208 2/3 FEET OF THE NORTHERLY 208 2/3 FE^ As
O "~"* —
ORLESS ^ w' ^nu ^NIAJNS 0.240 ACRE
PARCEL 10 (DRAINAGE EASEMENT)
COMMENCING AT THE NORTHWEST CORNER OF SA,D NORTHWEST QUARTER
OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
FRACTIONAL SECTION 22 ALSO BE,NG THE SOUTHWEST CORNER OF PARCE
°F
-sic-1- A -,. ^ ,,^CTi
"B".OF CERTIFICATE OF ^C 1IANCE RECORDED MARr - 1997 AS FILE NO.
1997-0106631 OF OFFICIAL RECORDS OF SAID SAN DIEGO COUNTY; THENCE
ALONG THE NORTHERLY LINE OF SAID NORTHWEST QUARTER OF THE
SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER BEING THE
SOUTHERLY LINE OF SAID PARCEL "5", SOUTH 87D27'43H £<\ST (RECORD =
SOUTH 86'53'40" EAST), 34.51 FEET TO AN INTERSECTION WITH THE EASTERLY
SIDELINE OF THE HEREINABOVE DESCRIBED PARCEL 2, SAID POINT BEING
THE BEGINNING OF A NON-TANGENT 270.00 FOOT RADIUS CURVE CONCAVE
NORTHEASTERLY, A RADIAL LINE BEARS SOUTH 77C21'59" WEST TO SAID
POINT BEING THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID
NORTHERLY LINE. SOUTHEASTERLY ALONG SAID EASTERLY SIDELINE AND
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 01°47'21" A
DISTANCE OF 8.43 FEET; THENCE LEAVING SAID EASTERLY SIDELINE SOUTH
63°25'43" EAST, 22.22 FEET; THENCE NORTH 26°34'12" EAST, 15.00 FEET;
THENCE NORTH 63'25'48" WEST. 8.48 FEET TO SAID SOUTHERLY LINE OF SAID
PARCEL "B"; THENCE ALONG SAID SOUTHERLY LINE NORTH 87°27'43" WEST
(RECORD = NORTH S6053'40" WEST), 21.00 FEET TO THE TRUE POINT OF
BEGINNING.
THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.007 ACRE
MORE OR LESS.
PARCEL 11 (DRAINAGE EASEMENT)
COMMENCING. AT THE NORTHWEST CORNER OF-THE SOUTHERLY TWO
ACRES OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF
THE SOUTHWEST QUARTER OF FRACTIONAL SECTION 22; THENCE ALONG THE
NORTHERLY LINE OF SAID SOUTHERLY TWO ACRES SOUTH 87031'12" EAST,
118.91 FEET TO A POINT IN THE SOUTHEASTERLY SIDELINE OF THE
HEREINABOVE DESCRIBED PARCEL 1. SAID POINT BEING THE BEGINNING OF A
NON-TANGENT 1349.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A
PAGE 11 OF 12
:CA M 'LegalsUS52 Ocaan
WC1S52-* 2/27/98
f.ccc
crr/*- 73 3 c- nui
LINE BEARS N^,' 47'13'IS' WEST TO SAID P- .
SAID NORTHERLY UNE SAID SOUTHE
THEN-P
o,3.5S.. EAST. 5.00 FEET; THE.CE SOUTH 09M6. ST 1
THENCE SOUTH 30,3,, WEST, 2,00 PEET; THENCE NORTH^ 01
2/.DO FEET; THENCE NORTH SO'lS'Sg" EAST 500
0— '• WEST, 41,2FEETTO THE '
ACRE
7- 3- ?e
JOHNW. HILL, JR
' LS. 5o69
HUNSAKER & ASSOCIATES SAN DIEGO. INC.
PAGE 12 OF 12
- »£:T -7 ._•
INDICATES STREET SURVEY MONUMENT 57,
"LS. 5894' PER R Or S 1JJ43.
INDICATES 3/4' IRON PIPE MARKED
'RCE 8210 PER R OF S 120S6
VICINITY MAP
NOS^ ^ LANQ-
TES RECORD DATA PER MAP 12972
[ } INDICATES RECORD DATA PER R OF S _
\ \ INDICATES RECORD DATA PER R 0F 5 4772
HUNSAXER
& ASSOCIATES
or r-,
I C R. Rj
c
REC. 3/11/57. 1997-Q ICScJ I
LEGAL DESCRIPTION
PORTION OF FRACTIONAL SEC. 22. TI2S. R4W. S.BM.
1 BASIS OF BEAEINGS-
SHEEIT ] CF 4
DEDICATION FLAT - CITY OF CARLSBADLJCANT;
~i. •'CO
^x Pl^
0 25l-5;C
RES I CENTAL CRCLF
" S2714
PREPARED 8Y:
a 7_ -_ o „ft j s » +
JCMN v». HJU_ JR. LS. io£
PROJECT:
5LOP£; TEMPORARY
CONSTRUCTION &
DRAINAGE EASEMENTS
PR. 3.2.705 •
A.F.N.:
J52tHIBIT "B"
N 22'J8'IJ~V 137.15'
j9
'*' ***C£L » A ItA
*Q-:<O
0^x2 8*£>•
,»o.«>.V
Vs
\i
f
fr o»
T.P.O.B. PARCEL 2
4 co
NOTE:
DATA SHOWN HEREON IS EASED ON THE FOLLOWING
RECORD OF SURVEY MAPS: 584, 4772, 4772, 57/5,
6269. 10774, 32096, 12762 AND 14620. RECORD OF
SURVEY MAP NO. 14608 SHOWS ALTERNATE LOCATIONS
FOR PROPERTY LINES SHOWN HERON. NO
REPRESENTATION IS MADE HEREON AS TO THE LOCATION
OF PROPERTY OR OWNERSHIP LINES.
DEDICATION PLAT - CfTY OF CARLSSAD
EFD BY- 'PROJECT:
SLOPE, TEMPORARY
CONSTRUCTION &
DRAINAGE EASEMENTS
PR. 3.2.105
r-r A-
SHEET 2 OF 4
DPiRCS: 9/JO/99
A.P.N.;
C1 A 1
215-070-19
TTBTT "B"
?£?*• .a
'OS 4772
100
mr——-—-100
ECTND^1^ souTrTTS7
WC47FS 5^ exsa/ovr
200 3CO
-—.^^^^^^o?^,-«-•~r«»
:^3«»i»r»'-s
swiey ^ NO woaSo^AT/,i°^KOI!D °F*p£gffi? u"a ^™?™*n Loc*m"s
S3^m
a!s
0tX&™s^'£** «—
"" " • 'vxET 3 Of 4
927M
4CO
: PLAZA
251-6 ico
PROJECT:
SLOPE. TEMPORARY
CONSTRUCTION &
DRAINAGE EASEMENTS
PR. 3.2.105
A.F.N.:
_215-070-19
EXHIBIlJ!E""
P.O.C. KVKO. n '
LE GEND
NOTE:
SHOWN
, —•"•!*.... .„,,., /*ujo, u/tZ AND 14630. RECORD OF
SURVEY MAP NO. 14603 SHOWS ALTERNATE LOCATIONS
FOR PROPERTY UNES SHOWN HEREON. NO
REPRESENTATION IS MADE HEREON AS TO THE LOCATION
Of PROPERTY OR OWNERSHIP LINES.
JCAN7:
ELLUS R^S
I>C. CA 927M CROP
251-51CO
Eir 4 cr 4
PROJECT:
SLOPE. TEMPORARY
CONSTRUCTION &
DRAINAGE EASEMENTS
PR. 3.2.105
A.P.N.:
_2l 5-070-TS
u ' «• f A. ~) c; ... JL. ,,
LEGAL DESCRIPTION
BAKER
DRIVE)
HOSE PORTIONS OF PARCELS 17 AMP,
DESCRIBED HEREIN LYING WITHIN p^rr * (DEDICATION P^CELS)
DESCRIBED HEREIN. "^ '*' «RSKIP PARCEL)
PARCEL "A" (OWNERSHIP PARCEL)
- ™
4 WHST. SAM BERNARD|NO
AND 00NNA MAR(£
NO. 1997.0383«8 OF OFFICIAL RECORDS nfr c U
OP CARLSBA0. COUNTY 0^0,40 S A
D'E
TOOFF,C,ALPUTTHEREOF.
EXCEPTING THEREFROM THE SOUTHERLY TWO ACRES.
1^ SOUTH.
DEED T°
"7' DOCUMENT
'* THE C'^
ACCORD.NG
FEET OF
PARCEL 1
PAG£
""
CURV A CENTRA1- ANGLE OF
RHCORD, THENCE ALONG SA[D SO;H ;- -
2 CF 5
"w r.u:
EAST, 1^4
PEND.NG ACT.ON SUPER.OR COURT CASE NO T "*" "^ °F
2. 19S, FILE N0. 1gg7.o '
CONCAVE NORTMP^T-p, v CT T° A TANGENT
THENCE NORTHWESTER™ A ^NO TH^ ^° * RAD'US * 3°a°° ^
CENTRA, ANGLE OF -29,9 A° ™r T ^ SA'° ""^ ™R°UGH A
NORTH 22.33,3" WE T n5 "^ TO
NORTHEASTER^. HAVNC = *
ALONG THE
tr
•ANGLE OF n-33'o;
THE SOUTHWEST CORNER OF SA,D
SAID CURVE BE,NG TANGENT TO AND
SAID PARCEL "B". ttRLY LINE OF•-^
THE SIDELINES OF SAID 42.00 FOOT WIDE STRIP OF UNO Tn
OR EXTENDED SO AS TO TERMINATE
„. „„
,,ORTHWESTERly
OESCRI!SO p. " AB°"E
PARCEL 3 o, MROL- POB,,0» OF M,SW,,,e
^
°F 5
frk
TO SAID POINT BE/ ORTH 40'36'03" WEST; THtNLc SOUTHWESTERLY
ALONG THE NORTHWESTERLY SIDELINE OF SAID PARCEL 1 AND THE ARC OF
SAID CURVE, THROUGH A CENTRAL ANGLE OF Qr2V27', AN ARC LENGTH OF
37.33 FEET TO A POINT OF CUSP WITH A 20.00 FOOT RADIUS CURVE CONCAVE
WESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 42'04'34" EAST;
THENCE LEAVING SAID NORTHWESTERLY SIDELINE, NORTHEASTERLY.
NORTHERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE
THROUGH^ CENTRAL ANGLE OF 88e03'03" AN ARC LENGTH OF 30.74 FEET;
THENCE RADIAL FROM SAID CURVE NORTH 49°52'18" EAST, 18.00 FEET TO A
POINT ON THE SOUTHWESTERLY SIDELINE OF THE HEREINABOVE DESCRIBED
PARCEL 2; THENCE ALONG SAID SOUTHWESTERLY SIDELINE, SOUTH 40C07'42"
*
EAST, 19.20 FEET TO THE POINT OF BEGINNING.
THE HEREINABOVE DESCRIBED PARCELS 1, 2 AND 3 CONTAIN 1.5S7 ACRES OF
LAND MORE OR LESS
JOHN W. HILL, JR. LS. 5659
HUNSAKEP. & ASSOCIATES SAN DIEGO. INC.
PAGE 5 CF 5
53 Ocsan BlufnC04AC4.dcc
WO 135:1-4 2/27/S3
!riTL_r N V-?.-:- /rpr-.-ri ' -y( £?•• £*#•£. ,, ,j..(..i i.J i i
11 ^^r\ ^_ » "**••••/ ••• , ^ ,""1
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"^5f~|3~^—
VICINITY MAP
HO SC>*L£ ^^\_MtO
NOOKS STK-T BCOIOtJION - ,.<97 ^S
A ^^^/S^/gS-w-""^• '^Kyr^^r
( ) /WOrfS RECORD DATA PER MAP ]2S72
( ] INDICATES RECORD DATA PER R Of S U243
(( )) INDICATES RECORD DATA-*K.
HUNSAXER
& .ASSOCIATES
j A « o i i c a »(i c
L.'CAAJT:
LS n£S!C£ST)AL CSCLP
. CA =2714
LEGAL DESCRIPTION
PORTION Of FRACTIONAL SEC. 22. H2S. R4W. S.B.M.
BASIS OF SEARINGS:
THE BASIS OF BEARINGS FOR THIS MAP IS A PORTION OF"
THE NORTHERLY LINE OF FRACTIONAL SECTION 22. T12S.
R4W. S.B.U.. PER MAP NO. 13429. I.E. N B9'57'4J'E.
SHEET 1 OF. 2
DEDICATION PLAT - CITY OF CARLSBAD
PREPARED BY: I PROJECT:"
POINSEWA
LWE
',<?. 3.4.317
JOHN W. HILL JR. LS. SS£3
A.P.N.:
215-07C-19
JEDOIIBIT "B!
Sir UN€ a
RECORDED J/H/S7.
PARCEL
O.B. PARCEL 2
APN 215-070-19 |!
BAKER 11 >
EASOIEHT12/28/65, FILE NO.
NOTE:
> * . o . « c a , . c
HEREON IS BASED ON THE FOLLOWING
A ccnrr ATTC ^C0«7 or SW?V£r AMP5; 554. -#77?. 4773, 5715,
Ct/OOU^IAiti 5255, 70774. ;20$ff, 13762 MO 14630. RECORD OF
> * . SURVEY MAP NO. 14603 SHOWS ALTERNATE LOCATIONS
/r0/? PROPERTY LINES SHOWN HEREON. NO
REPRESENTATION IS MADE HEREON AS TO THE LOCATION
OF PROPERTY OR OWNERSHIP UNES.
M
W
JCANT;
327 U OJO.P
DEDICATION PLAT - CfTY OF
RED BY:J ppn irrr.
S£ET 2 OF 2
JCHN ». HrtL. JR. L£. i<
i: 9/20/S3
PROJECT:
POINSETT1A LANE
BRIGANTINE DRIVE
PR. 3.4.317
^~ Xi_./7.— fi.
A.P.N.:
215-070-19
-EXHIBIT "B"
EXHIBIT "B"
LEGAL DESCRIPTION
RUDVALIS FAMILY TRUST
PR. 3.2.100
THOSE PORTIONS OF THE NORTH HALF CF THE SOUTHWc- n
"HE SOUTHEAST OMA-— a ^ SOUiriWEjs. QUARTER OF«~ • "- TS OF ™™~,„
ACCORDING TO UNIT-n c;-A-c o °F CAL!FO™IA."^ IU UNhcD SiAicS GOVERNMENT SURVEY APpcnw--. -
MORE PARTIOUURLY DESCRIBED AS FOLLOWS: ^' E
PARCEL 1 (SLOPE EASEMEmi
BEGINNING AT THE NORTHWEST CORNER OF THE NORTH°™ara " «
THE SOUTHWEST QUARTER OF SAID «s --- ,
:HENC£ ALONG SA,D WESTERLY UNE. NORTH 02-23-,.- WE~ 3= ^ - -
' HE POINT OF BEGINNING. ' ^ ^ '°
CONTA.NS 0,17 ACHE
PARCEL ?^ -
, CONSTRUCTION EASEMENT)
OF THE KERBNABOVE DESCR,EED PARCEL ,
.S°U ' h
22 AND ^RTHEASTERLY ,N THE NORTHERLY UNEoF SECT'
THE SOUTHWEST QUARTER OF THE SOUTH^T
S
0,33 AORS
JOHN W. HILL. JR. L s C
HUNSAKER & ASSOCIATES SAN DIEGO. INC.' ~
FACE 2 OF 2
O
RUDVALIS FAMILY TRUST
APN 215-070-04
LEGEND
INDICATES SLOPE EASEMENT
INDICATES TEMPORARY 1CO
CONSTRUCTION EASEMENT
. . >^ «. i w/ U.XL-I\
^A5,^?^1" 5253. 10774. 12096. 1J762 AND 14630. /
SU&/EY MAP NO. 14608 SHOWS ALTERNATE
FOR PROPERTY LINES SHOWN HEREON. NO
REPRESENTATION IS MADE HEREON AS TO THE LO
Gf PROPERTY OR OWNERSHIP LINES.
DEDICATION FLAT - CfTY OF CARLSBAD
1 CF 1
~*-'^' _«-_ «* 't-M/1
CONSTRUCTION 215-Q7Q-C*
1 RONALD BALL, CITY ATTORNEY
1200 CARLSBAD VILLAGE DRIVE
2 CARLSBAD, CA 92008
3 ASARO, KEAGY, FREELAND & MCKINLEY, Special Counsel
ROSCOE D. KEAGY, SB# 32541
4 RICHARD R. FREELAND, SB# 64092
3170 Fourth Avenue, Fourth Floor
5 San Diego, California 92103
Telephone: (619)297-3170
6 Facsimile: (619) 299-4268
7 Attorneys for Plaintiff
8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 IN AND FOR THE COUNTY OF SAN DIEGO
10 CITY OF CARLSBAD,
) No. N78249-1
11 Plaintiff, ) Consolidated with N78252-1
)
12 v. ) Complaint Filed 06/03/98
) Judge: Hon. Jacqueline M. Stern
13 WILLIAM BAKER, DONNA MARIE BAKER, ) Dept. 27
et al., )
14 ) DECLARATION OF SERVICE
Defendants. )
15 )
16 I, Kathleen King, declare: That I am over the age of 18 years and not a party to the case; I am
17 employed in the County of San Diego, California, where the mailing occurs; and my business address is
18 3170 Fourth Avenue, San Diego, California. I further declare that I am readily familiar with the business'
19 practice for collection and processing of correspondence for mailing with the U. S. Postal Service this same
20 day in the ordinary course of business.
21 I caused to be mailed the following: NOTICE OF ENTRY OF JUDGMENT AFTER
22 REMITTITUR by placing a true copy in a separate envelope addressed to each addressee, respectively,
23 as follows:
24 Ronald Cole, Esq.
Michael H. Leifer, Esq.
25 Palmieri, Tyler, Wiener, Wilhelm & Waldron
2603 Main Street, Suite 1300, East Tower
26 Irvine, CA 92614-6228
27
28
G:\kmk\CARLSBAD\BAKER\POS\Supp-POS-CI4527.wpd 5/15/00 10:56 AM DECLARATION OF SERVICE
1 I then sealed the envelope, and with the postage thereon fully prepaid, deposited it in the U. S. mail
2 at San Diego, California, this same day, at my business address shown above, following ordinary business
3 practices. I declare under penalty of perjury under the laws of the State of California that the foregoing is
4 true and correct. Executed on February 9, 2004.
5
6
7
8
9
10
11
12
13
14
15
16
17 PROOF OF SERVICE BY MAIL (CCP 1013a, 2015)
18
19
20
21
22
23
24
25
26
27
28
G:\kmk\CARLSBAD\BAKER\POS\Supp-POS-C145.27.wpd 5/15/00 10:56 AM -^ DECLARATION OF SERVICE