HomeMy WebLinkAbout2002-01-15; City Council; Resolution 2002-0261
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RESOLUTION NO. 2002-026
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AGREEMENT WITH
MAG PROPERTIES FOR QUITCLAIM OF FEE OWNERSHIP OF
A PORTION OF EXISTING RANCHO SANTA FE ROAD AND
DEDICATION OF RIGHT-OF-WAY.
WHEREAS, the City Council of the City of Carlsbad, California has determined it
necessary and in the public interest to approve the agreement with MAG Properties for release of
ownership of real property in exchange for road, slope, and construction easements for
Rancho Santa Fe Road Realignment and Widening, Phase 1, Project No. 3190; and
WHEREAS, the City Engineer has determined that retention of public road and public
utility easements over the two parcels currently owned in fee by City, shown on Exhibits "A
and "B" attached hereto and made a part hereof, serves the City's need for use of the parcels for
public access and use; and
WHEREAS, MAG Properties will dedicate easements for the Rancho Santa Fe Road
Realignment and Widening in exchange for the City of Carlsbad quitclaiming fee title to the two
parcels referenced above; and
WHEREAS, the City of Carlsbad and MAG Properties have jointly agreed that the value
of the parcels to be quitclaimed to MAG Properties is equal in value to the easements to be
dedicated by MAG Properties for the realigned Rancho Santa Fe Road.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Carlsbad,
California, as follows:
1. That the above recitations are true and correct.
2. That the agreement between the City of Carlsbad and MAG Properties for the
Quitclaim of Fee Ownership of a Portion of Existing Rancho Santa Fe Road and Dedication of
Right-of-way is hereby approved and the Mayor is authorized and directed to execute said
agreement.
3. That the Mayor is authorized and directed to execute the Quitclaim and
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Reservation of Easement documents.
4. The City Clerk is authorized and directed to forward copies of the signed
agreement to MAG Properties.
5. That the City Clerk is directed to record the Quitclaim and Reservation of
Easements documents with the County Recorder of San Diego County.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
held on the 15th day Of JANUARY , 2002 by the following vote, to
wit:
AYES: Council Members Lewis, Kulchin, Finnila, Nygaard, Hall
NOES: None
ATTEST:
Ah- %&RAPE M. WOOD, City Clerk
(SEAL)
AGREEMENT BETWEEN THE CITY OF CARLSBAD
AND MAG PROPERTIES FOR THE QUITCLAIM OF FEE
OWNERSHIP OF A PORTION OF EXISTING
RANCHO SANTA FE ROAD AND
DEDICATION OF RIGHT-OF-WAY
THIS AGREEMENT, executed the 17th day of JANUARY , 2002 is by
and between the CITY OF CARLSBAD, a municipal corporation, ("Carlsbad"). and
MAG PROPERTIES, a California General Partnership ("MAG") (collectively The "Parties").
RECITALS
WHEREAS, Carlsbad is the owner of two parcels of real property within the existing
right-of-way of Rancho Santa Fe Road, identified as Parcel 66398A per document recorded
February 16, 1967 as filelpage 21426 O.R. and Parcel 66399 per document recorded
February 16.1967 as filelpage 21427 O.R. as shown on Exhibit "A" attached hereto and made a
part hereof; and
WHEREAS, MAG is the owner of certain real property adjacent to portions of the
existing right-of-way of Rancho Santa Fe Road (The "MAG Property") as shown on Exhibit "A"
and is the successor in interest to the grantor of the two parcels owned by Carlsbad; and
WHEREAS, the MAG Property is traversed by a portion of the proposed realignment and
widening of Rancho Santa Fe Road; and
WHEREAS, Carlsbad desires to acquire dedication of easements for road right-of-way
and temporary construction purposes from MAG for construction of the realignment and
widening of Rancho Santa Fe Road; and
WHEREAS, MAG desires to acquire ownership of those portions of the two parcels
owned by Carlsbad that would naturally fall within the MAG Property; and
WHEREAS, The Parties desire to cooperate in the realignment and widening project for
Rancho Santa Fe Road.
NOW, THEREFORE, in consideration of the above recitals, The Parties do hereby
mutually and jointly agree as follows:
I. CARLSBAD AGREES TO
A. Quit claim, to MAG, its title interest in those portions of the property that are
adjacent to the MAG Property as described in Exhibit "B attached hereto and made a part
hereof and shown on Exhibit 'C" attached hereto and made a part hereof.
B. Reserve an easement for Public Road and Public Utility purposes over those
parcels quit claimed to MAG.
C. Prepare the Quit Claim document at no cost to MAG.
D. Vacate, or cause to be vacated, the existing Rancho Santa Fe Road right-of-way,
lying within the MAG Property, when such right-of-way is no longer necessary for City purposes.
The City Engineer shall make such decision of need. Thevacation process may be
accomplished by means of recording a final map over the subject property, as allowed by the
Subdivision Map Act, or by means of Carlsbad's street vacation procedures.
II. MAG AGREES TO
A. Dedicate, to Carlsbad, easements for Public Road and Public Utility and
purposes, along with the right to construct slopes and drainage structures necessary to support
the roadway, for the realigned and widened Rancho Santa Fe Road and the connector road
over the MAG Property as described in Exhibit "D" attached hereto and made a part hereof and
shown on Exhibit "E attached hereto and made a part hereof.
B. Dedicate a temporary construction easement adjacent to and contiguous with the
public road easements as described in Exhibit 'F" attached hereto and made a part hereof and
shown on Exhibit "G" attached hereto and made a part hereof.
C. Prepare, at its expense, the necessary exhibits for the quitclaim document.
Page 2 of 4
111. THE PARTIES AGREE
That the property Carlsbad releases to MAG through the quitclaim document is
considered equivalent in value to the easements MAG shall dedicate for the realigned and
widened Rancho Santa Fe Road. No additional payment shall be mad by MAG for title to the
parcels nor shall MAG receive any other compensation for the dedication of the new
right-of-way and temporary construction easements.
IV. NOTIFICATION
Unless otherwise specifically provided for in this agreement, all notices, demands,
or other communications given hereunder will be in writing and will be deemed to have been
duly delivered upon personal delivery or as of the second business day after mailing by the
United States mail, retum receipt requested, postage prepaid and addressed as follows:
If to Carlsbad: Public Works Director City of Carlsbad
Carlsbad, CA 92008
1635 Faraday Avenue
If to MAG: John C. Mabee
MAG Properties
3838 Camino Del Rio N., Suite 222
San Diego, CA 92108
V. MODIFICATIONS
This Agreement may not be modified, amended, or otherwise changed unless by an
amendment, in writing, executed by both parties.
VI. COUNTERPARTS
This agreement may be executed by The Parties in separate counterparts, each of
which when so executed shall be an original, but all such counterparts shall constitute one and
the same instrument.
VII. CHOICE OF LAW
This Agreement shall be governed by the laws of the State of California and venue shall
be proper in the San Diego Superior Court, North County Branch.
Page 3 of 4
VIII. SEVERABILITY
If one or more clauses, sentences, paragraphs, provision or terms of this Agreement
shall be held unlawful, invalid, or unenforceable, it is hereby agreed by the Cities that the
remainder of this Agreement shall not be affected thereby.
IX. HEADINGS
The headings of articles and paragraphs of this Agreement are for convenience only,
and no presumption or implication of the intent of the parties as to the construction of this
Agreement shall be drawn therefrom.
X. COMPLETE AGREEMENT
The forgoing constitutes the full and complete agreement of the parties. There are no
oral understandings or agreements not set forth in writing herein.
IN WITNESS WHEREOF, this Agreement is executed by Carlsbad and MAG pursuant to
action taken by the City Council of Carlsbad and the Partners of the MAG Partnership.
MAG PROPERTIES, a California General
Ronald R. Ball
City
By:
City Attorney /. /7. zoo2 .
Page 4 of 4
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
J@ersonally known to me
0 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 capacity(ies),
and that by hislherltheir 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.
&-x.&&. &
Signature of Notary Publlc
Though the infomation below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
0 Individual
0 Corporate Officer
Title(s):
7 Partner - 0 Limited 0 General
iI1 Attorney-in-Fact
I
0 Trustee-
7 Guardian or Conservator
0 Other:
I II
Signer Is Representing:
Signer's Name:
0 Individual
0 Corporate Officer
Title(s):
0 Partner - 0 Limited 0 General
0 Attorney-in-Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing:
..
personally appeared ThOd&Ae. ARou,
personally known to me - OR - proved to me on the basis of satisfactory evidence to be the person@
whose name(ccris/arcsubscribed to the within instrument
and acknowledged to me that hekm executed the
same in hisih- authorized capacity(+), and that by
hislhedbt58K signature(* on the instrument the persow,
or the entity upon behalf of which the person@ acted,
executed the instrument.
WITNESS my hand and official seal.
Nadir) of Sgnerlr)
/
Though the information below is not required by law, it may prove valuable to persons relying on the document and could PmVenl
fraudulent removal and reattachment of this form to another document.
V. ..V.."
!j Description of Attached Document $ Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
$2
Capacity(ies) Claimed by Signer(s) 8 Signer's Name:
Id
0 Individual
0 Corporate Officer
0 Partner - 0 Limited 0 General
0 Guardian or Conservator
Signer Is Representing:
0 1995 NaflOnal Nala~, Asrac#alion * 8236 Rernrnel Ave , P.0 Box 7184. Csnoga Park, CA 91309.7184 Prod NO. 5907 Reorder: CallToll-Free 1-800-876~6827
0 Individual
Corporate Officer
0 Partner - 0 Limited 0 General
Title(s):
Z Attorney-in-Fact
0 Trustee
Guardian or Conservator n Other:
I I
Signer Is Representing: 1 I
EXHIBIT "B"
LEGAL DESCRIPTION
QUITCLAIM AND RESERVATION OF EASEMENT
PR 01 -72
PARCEL "B"
THAT PORTION OF PARCEL 66398-A OF GRANT DEED TO THE COUNTY OF SAN DIEGO.
STATE OF CALIFORNIA, RECORDED ON FEBRUARY 16,1967 AS FILE NO. 21426 OF
OFFICIAL RECORDS OF SAID COUNTY, MORE PARTICULARLY.DESCRIBED AS
FOLLOWS:
COMMENCING AT A POINT ON THE NORTHERLY BOUNDARY OF PARCEL "A" OF
CERTIFICATE OF COMPLIANCE RECORDED ON DECEMBER 15,1989 AS FILE NO. 89-
680019 OF OFFICIAL RECORDS, SAID POINT BEING THE NORTHWESTERLY TERMINUS
OF THAT CERTAIN COURSE BEING NORTH 41O28'22" WEST, 62.99 FEET AND SHOWN AS
(NORTH 41'31'39" WEST, 63.00 FEET- RECORD PER SAID PARCEL 'A"), SAID POINT
ALSO BEING ON A NON-TANGENT 2400.00 FOOT RADIUS CURVE CONCAVE
NORTHWESTERLY, A RADIAL FROM SAID POINT BEARS NORTH 41"32'41" WEST
(NORTH 41"31'39" WEST- RECORD PER SAID PARCEL "A") ; THENCE SOUTHWESTERLY
ALONG SAID CURVE AND THE NORTHERLY BOUNDARY OF SAID PARCEL "A" THROUGH
A CENTRAL ANGLE OF 07"35'06" AN ARC DISTANCE OF 317.72 FEET TO A POINT ON
THE SOUTHEASTERLY RIGHT-OF-WAY OF SAID PARCEL 66398-A, SAID POINT ALSO
BEING THE TRUE POINT OF BEGINNING; SAID POINT ALSO BEING ON A NON-TANGENT
1230.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL FROM SAID
POINT BEARS NORTH 47"50'32" WEST (NORTH 47'47'05" WEST - RECORD); THENCE
FOLLOWING THE COMMON BOUNDARY OF THE NORTHERLY BOUNDARY OF SAID
PARCEL "A" AND THE SOUTHEASTERLY, WESTERLY AND NORTHWESTERLY RIGHT-OF-
WAY OF SAID PARCEL 66398-A, SOUTHWESTERLY ALONG SAID CURVE THROUGH A .
CENTRAL ANGLE OF 22'45'10" AN ARC DISTANCE OF 488.45 FEET; THENCE NORTH
25"03'40" WEST 60.00 FEET TO A POINT ON A NON-TANGENT 1170.00 FOOT RADIUS
CURVE CONCAVE NORTHWESTERLY, A RADIAL FROM SAID POINT BEARS NORTH
25"05'27" WEST; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 06°1931" AN ARC DISTANCE OF 129.16 FEET TO A POINT ON A
NON-TANGENT 2400.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL
PAGE 1 OF 3
-0.. ..A II.,EI*."l,"., I A""A-.:""",-"m DCCn r-..i.^L.i"."P, 0 A"
EXHIBIT "By'
FROM SAID POINT BEARS NORTH 2938'44" WEST (NORTH 25"35'16" WEST - RECORD
PER SAID PARCEL "A") ; THENCE LEAVING SAID BOUNDARY LINES, NORTHEASTERLY
ALONG SAID CURVE, AND THE PROJECTION OF THE NORTHERLY BOUNDARY OF SAID
PARCEL "A, THROUGH A CENTRAL ANGLE OF 08"18'51" AN ARC DISTANCE OF 348.26
FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 0.456 ACRES, MORE OR LESS.
L.S. 7322
HUNSAKER & ASSOCIATES SAN DIEGO. INC.
EXHIBIT "B"
LEoAt DESCRIPTION
THAT PORTION OF THE PROPERTY GRANTED TO THE COUNTY OF SAN
DIEGO BY GRANT DEED RECORDED FEBRUARY 11, 1967 AS FILE NO.
21427, IN THE CITY OF CARSLBAD, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS :
BEGINNING AT THE MOST WESTERLY CORNER OF THE LAND DESCRIBED
AS PARCEL "A" OF CERTIFICATE OF COMPLIANCE RECORDED
DECEMBER 15, 1989 AS DOCUMENT NUMBER 89-680019 AND SHOWN ON
RECORD OF SURVEY NO. 12915, FILED IN THE OFFICE OF THE
COUNTY RECORDER OCTOBER 4, 1990, SAID CORNER BEING A POINT
ON THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF SAID GRANT DEED;
THENCE, LEAVING SAID SOUTHEASTERLY RIGHT-OF-WAY, NORTH
51'09 ' 57" WEST 60.04 FEET TO THE NORTHWESTERLY RIGHT-OF-WAY
LINE OF SAID GRANT DEED; THENCE, ALONG THE NORTHWESTERLY,
EASTERLY AND SOUTHWESTERLY RIGHT-OF-WAY LINE OF SAID GRANT
DEED, NORTH 36O49'24" EAST 34.67 FEET TO A 1230-FOOT RADIUS
CURVE, CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 39"18 ' 00 "
AN ARC DISTANCE OF 843.67 FEET: THENCE, RADIAL TO SAID
CURVE, SOUTH 13O52'36" EAST 60.00 FEET TO THE BEGINNING OF A
NON-TANGENT 1170-FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY,
THE RADIAL TO SAID CURVE BEARS NORTH 13"52'36" WEST; THENCE
SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 39°18'00" AN ARC DISTANCE OF 802.52 FEET; THENCE
SOUTH 36O49'24" WEST 36.78 FEET TO THE POINT OF BEGINNING.
AREA = 1.18 ACRES
~ TIMOTHY 0. CARROLL, JR
LS 7700 EXP. 12/31/04
OCTOBER 26, 2001
J.N.: 001025 A12
PAGE 3 OF 3
//
- EXHIBIT "D"
MAG PROPERTY
RIGHT-OF-WAY EASEMENT
PR 01-0007
THAT PORTION OF SECTION 31. TOWNSHIP 12 SOUTH, RANGE 3 WEST, SAN
BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO.
STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, AS DE-
SCRIBED AS PARCEL "A" OF CERTIFICATE OF COMPLIANCE RECORDED DE-
CEMBER 15, 1989 AS DOCUMENT NUMBER 89-680019 OF OFFICIAL RECORDS
AND LYING SOUTHWESTERLY OF A LINE BEARING NORTH 43'50'51" WEST HAV-
ING A DISTANCE OF 1685.03 FEET (NORTH 43'50'00" WEST HAVING A DISTANCE
OF 1685.42 FEET RECORD) AS SHOWN ON ROS 12915. FILED IN THE OFFICE OF
THE COUNTY RECORDER OCTOBER 4.1990 AND THAT PORTION OF LAND AS
DESCRIBED IN QUITCLAIM DEED TO MAG PROPERTY RE-
CORDED AS FILE NO. OF OFFICIAL RE-
CORDS. MORE PARTICULARLY DESCRIBED AS PARCELS A. A-I. B AND C AS
FOLLOWS:
PARCEL A
THAT PORTION OF SAID LAND LYING WITHIN A 126.00 WIDE FOOT STRIP, THE
CENTERLINE OF WHICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A 3.5" DIAMETER BRASS DISK IN A 2.5' X 4' BOULDER STAMPED
"LOMAX" PER R.O.S. 14310 FILED IN THE OFFICE OF THE COUNTY RECORDER
SEPTEMBER 9, 1993; THENCE NORTH 79'0525" WEST 56.764.62 FEET TO A 2.5"
NUM ACCESS COVER PER ROS 14310; THENCE SOUTH 34O35'23" EAST
21.332.54 FEET TO THE TRUE POINT OF BEGINNING, BEING A WELL MONUMENT
AT THE CENTERLINE INTERSECTION OF LA COSTA AVENUE AND RANCHO
SANTA FE ROAD MARKED 166+38.81 AS SHOWN ON IMPROVEMENT PLANS ON
MONUMENT BEARS NORTH 38'47'37'' EAST (NORTH 38'50'03'' EAST, RECORD
PER ROS 12915) FROM A WELL MONUMENT STAMPED 162+50.73 ALSO AS SHOWN ON SAID IMPROVEMENT PLANS AND SAID ROS 12915; THENCE NORTH
38'47'37" EAST 67.04 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT
"A"; THENCE CONTINUING NORTH 38'47'37" EAST 14.49 FEET TO A POINT
HEREINAFTER REFERRED TO AS POINT "B"; THENCE CONTINUING NORTH
38'47'37" EAST 64.54 FEET TO THE BEGINNING OF A TANGENT 1.800.00 FOOT
RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 38'22'41" A
DISTANCE OF 1,205.68 FEET TO A POINT HEREINAFTER REFERRED TO AS
POINT "C"; THENCE CONTINUING NORTHEASTERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 5'25'26" A DISTANCE OF 170.40 FEET;
THENCE TANGENT TO SAID CURVE NORTH 82'35'44" EAST 253.44 FEET TO THE
INTERSECTION WITH THE LINE BEARING NORTH 43'50'51" WEST HAVING A
DISTANCE OF 1685.03 FEET (NORTH 43'50'00" WEST HAVING A DISTANCE OF
1685.42 FEET REC0RD)AS SHOWN ON SAID ROS 12915.
DIAMETER ALUMINUM DISK STAMPED "HPGN CA 11 07" SET INSIDE A 6" ALUMI-
FILE AT THE CITY OF CARLSBAD AS DWG. NO. 262-1 AND SAID ROS 12915, SAID
THE SOUTHERLY TERMINUS OF THE WESTERLY SIDELINE OF SAID 126.00
FOOT WIDE STRIP TO BE PROLONGED OR SHORTENED SO AS TO TERMINATE
SOUTHWESTERLY IN THE NORTHWESTERLY LINE OF PARCEL ”A” OF SAID
ERLY TERMINUS OF THE EASTERLY SIDELINE OF SAID 126.00 FOOT WIDE
WESTERLY IN THE SOUTHWESTERLY BOUNDARY OF PARCEL “A” OF SAID
ERLY SIDELINES OF SAID 126.00 FOOT WIDE STRIP TO TERMINATE
TANCE OF 1685.03 FEET (NORTH 43’5000” WEST HAVING A DISTANCE OF
1685.42 FEET RECORD) AS SHOWN ON ROS 12915.
CERTIFICATE OF COMPLIANCE AND SHOWN ON SAID ROS 12915. THE SOUTH-
STRIP TO BE PROLONGED OR SHORTENED SO AS TO TERMINATE SOUTH-
CERTIFICATE OF COMPLIANCE AND SHOWN ON SAID ROS 12915. THE NORTH-
NORTHEASTERLY IN THE LINE BEARING NORTH 43’5051” WEST HAVING A DIS-
EXCEPTING THEREFROM THAT PORTION OF SAID 126.00 FOOT WIDE STRIP LY-
ING WITHIN MAP 7950, FILED IN THE OFFICE OF THE COUNTY RECORDER JUNE
3, 1974.
TOGETHER WITH THAT PORTION OF SAID LAND AS DESCRIBED AS FOLLOWS:
PARCEL A-I
BEGINNING AT POINT “A” AS DESCRIBED ABOVE; THENCE SOUTH 51°1223”
SCRIBED 126.00 FOOT WIDE STRIP, SAID POINT BEING THE BEGINNING OF A
25.00 FOOT RADIUS CURVE CONCAVE EASTERLY, A RADIAL LINE TO SAID
CURVE BEARS NORTH 51’12’23” WEST, SAID POINT ALSO BEING THE TRUE
POINT OF BEGINNING: THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 90°0000” A DISTANCE OF 39.27 FEET;
THENCE TANGENT TO SAID CURVE SOUTH 51’12’23” EAST 1.71 FEET; THENCE
AT RIGHT ANGLES SOUTH 38’47’37’’ WEST 42.07 FEET TO A POINT ON THE
CEL ”A” OF SAID CERTIFICATE OF COMPLIANCE AND SHOWN ON SAID ROS
12915; THENCE ALONG SAID SOUTHWESTERLY BOUNDARY NORTH
51’1 1’OB”WEST (NORTH 51’09’57” WEST RECORD PER ROS 12915) 26.71 FEET
TO THE SOUTHEASTERLY LINE OF THE ABOVE DESCRIBED 126.00 FOOT WIDE
STRIP; THENCE NORTHEASTERLY ALONG SAID SOUTHEASTERLY LINE NORTH
38’47’37” EAST 67.06 FEET TO THE TRUE POINT OF BEGINNING.
EAST 63.00 FEET TO A POINT IN THE EASTERLY LINE OF THE ABOVE DE-
SOUTHWESTERLY BOUNDARY OF SAID PARCEL OF LAND DESCRIBED AS PAR-
CONTAINING 4.826 ACRES MORE OR LESS IN PARCELS A AND A-1
PARCEL B
THAT PORTION OF SAID LAND LYING WITHIN PARCEL “A” OF SAID CERTIFICATE
OF COMPLIANCE AND WITHIN A 20.00 WIDE FOOT STRIP, THE CENTERLINE OF
WHICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT POINT “B” AS DESCRIBED IN PARCEL A ABOVE THENCE SOUTH
51’12’24“ EAST 63.00 FEET TO THE EASTERLY LINE OF THE 126.00 FOOT WIDE
PARCEL A AND THE TRUE POINT OF BEGINNING, THENCE CONTINUING SOUTH
51’12’24’’ EAST 260.35 FEET TO THE TERMINUS OF THIS PARCEL.
-
20F3
F.\WINnATA\ InRS\llQ?l).l\hAAC S RF\ln RW F9hAT nnr
THE SIDELINES OF SAID 20.00 FOOT WIDE STRIP TO BE PROLONGED OR
ERLY BOUNDARY OF THE ABOVE DESCRIBED 126.00 FOOT WIDE PARCEL A.
CONTAINING 0.120 ACRES MORE OR LESS
SHORTENED SO AS TO TERMINATE NORTHWESTERLY IN THE SOUTHEAST-
PARCEL C
THAT PORTION OF SAID LAND LYING WITHIN PARCEL "A" OF SAID CERTIFICATE '
SCRIBED AS FOLLOWS:
BEGINNING AT POINT "C" AS DESCRIBED IN PARCEL A ABOVE THENCE SOUTH
12'4943 EAST 63.00 FEET TO A POINT IN THE SOUTHERLY LINE OF THE 126.00
FOOT WIDE PARCEL A AND THE TRUE POINT OF BEGINNING OF A 20.00 FOOT
WIDE STRIP OF LAND, THE CENTERLINE OF WHICH IS AS FOLLOWS: THENCE
CONTINUING SOUTH 12'4943" EAST 31.00 FEET; THENCE SOUTH 34'18'25"
EAST 201.44 FEET TO THE POINT OF TERMINUS OF SAID 20.00 FOOT WIDE
STRIP, SAID POINT BEING ALSO THE BEGINNING OF A 220.00 FOOT WIDE STRIP
OF LAND. THE SIDELINES OF SAID 220.00 FOOT WIDE STRIP SHALL BE 100.00
TIVELY, FROM THE FOLLOWING DESCRIBED LINE: THENCE CONTINUING SOUTH 34'18'25" EAST 176.00 FEET TO THE TERMINUS OF THIS PARCEL.
THE SIDELINES OF SAID 20.00 FOOT WIDE STRIP TO BE PROLONGED OR
ARY OF THE ABOVE DESCRIBED 126.00 FOOT PARCEL A.
CONTAINING 0.996 ACRES MORE OR LESS
OF COMPLIANCE AND WITHIN A STRIP OF LAND MORE PARTICULARLY DE-
FEET RIGHT AND 120.00 FEET LEFT, MEASURED AT RIGHT ANGLES, RESPEC-
SHORTENED SO AS TO TERMINATE NORTHERLY IN THE SOUTH,ERLY BOUND-
THE BEARINGS AND DISTANCES SHOWN HEREON ARE GRID, BASED ON THE
CALIFORNIA COORDINATE SYSTEM, ZONE 6. NAD 83.
TO OBTAIN GROUND DISTANCES, DIVIDE THE GRID DISTANCE BY THE APPRO-
PRIATE COMBINATION FACTOR.
THE COMBINATION FACTOR AT STATION "SM138" IS 0.999941843 (SEE ROS
13928 FOR LOCATION).
MY LICENSE EXPIRES: 9-30-02
~~ ~
F\WINOATA\.IORS\ll~37-1\MAG S RFVn RW FSMT nnf? 3 OF3
THE BEARINGS AND DISTANCES SHOWN HEREON ARE GRID, BASED ON THE CALIFORNIA COORDINATE SYSTEM. ZONE 6. NAD 83. TO OBTAIN GROUND
APPROPRIATE COMBINATION FACTOR. THE CnMRINATION FACTOR AT STATION "SM138"
DISTANCES, DIVIDE THE GRID DISTANCE BY THE
Z"o.9gggii84j '<SEE ~0s-13928 FOR LOCATION).
_ECENb* a INDICATES PARCEL A ROAD EASEMENT
INDICATES PARCEL A-1 ROAD EASEMENT
j"J INDICATES PARCEL B ROAD EASEMENT
INDICATES PARCEL C ROAD EASEMENT 3 INDICATES EXISTING EASEMENT (SEE EASEMENT NOTES FOR DESCRIPTION)
@ INDICATES PORTION OF LAND OUlTCLAlMED PER DEED AS FILE NO. __________ O.R., RECORDED
A WELL MONUMENT PER CITY OF CARLSBAD DWG. NO. 262-1
(R) RADIAL
TPOB TRUE POINT OF BEGINNING
0 FOUND MONUMENT. AS NOTED
932m4-01.dgn
DATE2 x)-05-0111.0; 11932-1 [DRFT: UC ICHK'D 0Y: US
1. 60' EASEMENT AND' RIGHT OF WAY GRANTED
JANUARY 21,1930 IN BOOK 1737, PAGE 4 OF TO THE COUNTY OF SAN DIEGO RECORDED
DEEDS.
4. 30' EASEMENT GRANTED TO OLlVENHAlN MUNICIPAL
NO. 170416 OF O.R. WATER DISTRICT RECORDED JULY 3,1972 AS FILE
5. AN EASEMENT GRANTED TO SAN DIEGO COUNTY FLOOD CONTROL DISTRICT ZONE 1 RECORDED MAY 15. 1974 AS FILE NO. 74-126972 OF O.R.
6. AN EASEMENT GRANTED TO SAN DIEGO COUNTY FLOOD CONTROL DISTRICT ZONE 1 RECORDED JANUARY 13, 1977 AS FILE NO. 77-014212 OF O.R.
7. AN EASEMENT GRANTED TO THE CITY OF CARLSBAD RECORDED JULY 14.1977 AS FILE NO. 77-281161 OF O.R.
9. 1O'PUBLlC UTILITY AND TREE PLANTING EASEMENT DEDICATED ON MAP 7950.
10. A ROAD EASEMENT GRANTED TO THE CITY OF CARLSBAD RECORDED __________ AS ______ O.R.
SAN HAWOS
\
SHEET LAYOUT
NO SCALE
RANCHO SANTA FE ROAD
PLAT FOR ROAD EASEMENT "E"
MAG PROPERTY PR 01-0007 y1T.1
932rn4-02.dgn I RANCHO SANTA FE ROAD I I PLAT FOR ROAD EASEMENTI
I MAG PROPERTY I
I PROJ
3190 I “E” I
tl DETAIL "A"
NO SCALE
err Tll- n
....
:i > F-TPOB
' PARCEL B 200 0 200 4 O(
JLL IIL VETAIL. J\ , ABOVE 1 Well Mon. Sta. 166.38.81
2m4-03.dgn %"Well Mon. Sto. 16260.73 SCALE: 1 " = 200'
I
WNCHO SANTA FE ROAD
'LAT FOR ROAD EASEMENT
AG PROPERTY I PR 01-0007 1, lN1
-
EXHIBIT “F”
MAG PROPERTY
TEMPORARY CONSTRUCTION EASEMENT
PR 01-0008
THAT PORTION OF SECTION 31, TOWNSHIP 12 SOUTH, RANGE 3 WEST, SAN
BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, AS DE-
SCRIBED AS PARCEL “A“ OF CERTIFICATE OF COMPLIANCE RECORDED DE-
CEMBER 15. 1989 AS DOCUMENT NUMBER 89-680019 OF OFFICIAL RECORDS
AND LYING SOUTHWESTERLY OF A LINE BEARING NORTH 43’50’51” WEST HAV-
ING A DISTANCE OF 1685.03 FEET (NORTH 43’50’00” WEST HAVING A DISTANCE
OF 1685.42 FEET RECORD) AS SHOWN ON ROS 1291 5, FILED IN THE OFFICE OF
THE COUNTY RECORDER OCTOBER 4. 1990, AND THAT PORTION OF LAND AS
CORDED AS FILE NO. OF OFFICIAL
RECORDS, SAID ABOVE LAND LYING WITHIN A 600.00 FOOT WIDE STRIP, THE
CENTERLINE OF WHICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
DESCRIBED IN QUITCLAIM DEED TO MAG PROPERTY RE-
BEGINNING AT A 3.5 DIAMETER BRASS DISK IN A 2.5’ X 4’ BOULDER STAMPED
“LOMAX” PER R.O.S. 14310 FILED IN THE OFFICE OF THE COUNTY RECORDER
SEPTEMBER 9, 1993; THENCE NORTH 79’05’25” WEST 56.764.62 FEET TO A 2.5
DIAMETER ALUMINUM DISK SET INSIDE A 6“ ALUMINUM ACCESS COVER
STAMPED “HPGN CA 11 07” PER ROS 14310; THENCE SOUTH 34’35’23’’ EAST
21,332.54 FEET TO THE TRUE POINT OF BEGINNING, BEING A WELL MONUMENT
AT THE CENTERLINE INTERSECTION OF LA COSTA AVENUE AND RANCHO
SANTA FE ROAD MARKED 166+38.81 AS SHOWN ON IMPROVEMENT PLANS ON
MONUMENT BEARS NORTH 38’47’37 EAST (NORTH 38’50’03’’ EAST, RECORD
PER ROS 12915) FROM A WELL MONUMENT STAMPED 162+50.73 ALSO AS
TINUING NORTH 38’47’37 EAST 146.07 FEET TO THE BEGINNING OF A TAN-
GENT 1,800.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE
GLE OF 43’48’07’’ A DISTANCE OF 1,376.08 FEET; THENCE TANGENT TO SAID
CURVE NORTH 82’35’44” EAST 253.44 FEET TO THE INTERSECTION WITH THE
LINE BEARING NORTH 43’50’51” WEST HAVING A DISTANCE OF 1685.03 FEET
(NORTH 43’50’00’‘ WEST HAVING A DISTANCE OF 1685.42 FEET RECORD) AS
SHOWN ON SAID ROS 12915 BEING THE TERMINUS OF THIS 600.00 FOOT WIDE
STRIP.
FILE AT THE CITY OF CARLSBAD AS DWG. NO. 262-1 AND SAID ROS 12915, SAID
SHOWN ON SAID IMPROVEMENT PLANS AND SAID ROS 12915; THENCE CON-
NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL AN-
THE SIDELINES OF SAID 600.00 FOOT WIDE STRIP TO BE PROLONGED OR
SHORTENED SO AS TO TERMINATE NORTHEASTERLY IN THE LINE BEARING
NORTH 43’50’51” WEST HAVING A DISTANCE OF 1685.03 FEET (NORTH
43°50‘00” WEST HAVING A DISTANCE OF 1685.42 FEET RECORD) AS SHOWN ON
ROS 12915 AND SOUTHWESTERLY IN THE SOUTHWESTERLY BOUNDARY OF
SAID PARCEL OF LAND DESCRIBED AS PARCEL “A OF SAID CERTIFICATE OF
COMPLIANCE AND SHOWN ON SAID ROS 12915.
1 OF2
EXCEPTING THEREFROM THAT PORTION OF SAID 600.00 FOOT WIDE STRIP LY-
ING WITHIN MAP 7950. FILED IN THE OFFICE OF THE COUNTY RECORDER JUNE
3, 1974.
CONTAINING 17.275 ACRES MORE OR LESS
THE BEARINGS AND DISTANCES SHOWN HEREON ARE GRID, BASED ON THE
CALIFORNIA COORDINATE SYSTEM, ZONE 6, NAD 83.
TO OBTAIN GROUND DISTANCES, DIVIDE THE GRID DISTANCE BY THE APPRO-
PRIATE COMBINATION FACTOR.
THE COMBINATION FACTOR AT STATION "SM138" IS 0.999941843 (SEE ROS
13928 FOR LOCATION).
/b - S-O/
GARY A. LINTVEDT. L.S. No. 4593
MY LICENSE EXPIRES: 9-30-02
2OF2
INDICATES TEMPORARY CONSTRUCTION EASEMENT 9 INDICATES EXISTING EASEMENT (SEE EASEMENT NOTES FOR DESCRIPTION)
INDICATES PORTION OF LAND OUITCLAMED PER DEED AS FILE NO. __________ O.R., RECORDED
WELL MONUMENT PER CITY OF CARLSBAD DWG. NO. 262-1
(R) RADIAL
TPOB TRUE POINT OF BEGINNING
0 FOUND MONUMENT, AS NOTED
No.LS 4593
332rn2-01.dgn
)ATE: 10-05-0111.0. 11932-1 IDRFT: UC ICHK’O BY: US
1. 60’ EASEMENT AND RIGHT OF WAY GRANTED TO THE COUNTY OF SAN DIEGO RECORDED JANUARY 21,1930 IN BOOK 1737, PAGE 4 OF DEEDS.
4. 30’ EASEMENT GRANTED TO OLlVENHAlN MUNlClPPL
NO. 170416 OF O.R.
WATER DISTRICT RECORDED JULY 3,1972 AS FILE
5. AN EASEMENT GRANTED TO SAN DIEGO COUNTY FLOOD CONTROL DISTRICT ZONE 1 RECORDED MAY 15. 1974 AS FILE NO. 74-126972 OF O.R.
6. AN EASEMENT GRANTED TO SAN DIEGO COUNTY FLOOD CONTROL DISTRICT ZONE 1 RECORDED JANUARY 13, 1977 AS FILE NO. 77-014212 OF O.R.
7. AN EASEMENT GRANTED TO THE CITY OF CARLSBAD RECORDED JULY 14,1977 AS FILE NO. 77-281161 OF O.R.
9. io*puB~lc UTILITY AND TREE PLANTING EASEMENT DEDICATED ON MAP 7950.
10. A ROAD EASEMENT GRANTED TO THE CITY OF CARLSBAD RECORDED _______--- AS _____ O.R.
SHEET LAYOUT
NO SCALE I
~NUMBER~DELTA ANGLE~RADIUS ARC LENGTH
c1 143”48’07” )1800.001 1376.08’
~ [NUMBER (BEARING ID I STANCE]
932m2-02.dgn
RANCHO SANTA FE ROAD
PLAT FOR TEMPORARY EXHIBIT PROJECT NO.
CONSTRUCTION EASEMENT
3190 - “G”
MAG PROPERTY rYtnN. PR 01-0008
.\ f
0
Ln
r. ol
a Q 2
e
10’
I , I I
I- , , ,
/ ,c
, c’
~
200 200 400
332rn2-03.dgn
RANCHO SANTA ,FE ROAD
CONSTRUCTION EASEMENT “G” 3190 PLAT FOR TEMPORARY
PROJECT NO.
AAG PROPERTY SHT. 3 OFS PR 01-0008
RECORDING REQUESTED BY
AND WHEN RECORDED,
PLEASE MAIL TO:
John C. Mabee
3838 Camino Del Rio N., Suite 222
MAG Properties
San Diego, CA 92108
MAIL TAX STATEMENTS TO:
Space above this line for Recorder's Use.
The undersigned grantor(s) declare@):
Documentary transfer tax is $Mw Assessor's Parcel No. 223-050-70-00
Project No. 8 Name CT 99-04
( )computed on full value of property conveyed, or
( )computed on full value less value of liens and
Villages of La Costa, The Oaks
PR 01-72
encumbrances remaining at time of sale.
( ) Unincorporated area: (x) City of Carlsbad , and CITY OF CARLSBAD
FOR AVALUABLE CONSIDERATION,
receipt of which is hereby acknowledged.
QUITCLAIM DEED AND RESERVATION OF EASEMENT
CITY OF CARLSBAD, a Municipal Corporation, organized under the laws of the State of California, for a valuable
consideration receipt of which is hereby acknowledged, does hereby remise, release and quitclaim to MAG Properties, a
California General Partnership, all right and title in the property described in Exhibits "A 8, "B", consisting of three pages,
which are attached hereto and made a pari hereof (the "Property"), while reserving unto the City of Carlsbad, and its
successors in interest, an easement for PUBLIC STREET AND PUBLIC UTILITY PURPOSES over, under and across the
Property
Executed on /-/x
2002, at Carlsbad, California
APPROVED AS TO FORM:
(Notarial acknowledgement of execution of Grantor must be attached.)
State of California 1
County of SwnDiEGo 1
On 1-15-02 before me, snlcc ~fi~~~flF~~~, b,bmEy Pu&IL
personalty appeared aPu LX P. b.bJ15
$personally known to me -OR- 0 proved to me on the basis of satisfactory evidence to be the person(+
whose name(@ islae-sthscribed to the within instrument and
acknowledged to me that helsReftheg executed the same in
hislkMbet+ authorized capacity(ks), and that by his/b%&kk
signature@ on the instrument the person@& or the entity upon
behalf of which the person(+) acted, executed the instrument.
WITNESS, my hand and official seal.
I
(This area for official notary seal.) SIGNATURE OF NOTARY
Title or Type of Document ~~~~,&&W~&~~ &&d
Date of Document I- /5 -0 a NO. of Pages d
Signer(s) other than named above "54. rndd
U
-
EXHIBIT "A"
LEGAL DESCRIPTION
QUITCLAIM AND RESERVATION OF EASEMENT
PR 01-72
PARCEL "B"
THAT PORTION OF PARCEL 66398-A OF GRANT DEED TO THE COUNTY OF SAN DIEGO.
STATE OF CALIFORNIA, RECORDED ON FEBRUARY 16,1967 AS FILE NO. 21426 OF
OFFICIAL RECORDS OF SAID COUNTY, MORE PARTlCUIARLY.DESCRlBED AS
FOLLOWS:
COMMENCING AT A POINT ON THE NORTHERLY BOUNDARY OF PARCEL "A" OF
CERTIFICATE OF COMPLIANCE RECORDED ON DECEMBER 15.1989 AS FILE NO. 84
680019 OF OFFICIAL RECORDS, SAID POINT BEING THE NORTHWESTERLY TERMINUS
OF THAT CERTAIN COURSE BEING NORTH 41"28'22" WEST, 62.99 FEET AND SHOWN AS
(NORTH 41"31'39" WEST, 63.00 FEET- RECORD PER SAID PARCEL "A"), SAID POINT
ALSO BEING ON A NON-TANGENT 2400.00 FOOT RADIUS CURVE CONCAVE
NORTHWESTERLY, A RADIAL FROM SAID POINT BEARS NORTH 41"32'41" WEST
(NORTH 41"31'39" WEST - RECORD PER SAID PARCEL"A") ; THENCE SOUTHWESTERLY
ALONG SAID CURVE AND THE NORTHERLY BOUNDARY OF SAID PARCEL"A" THROUGH
A CENTRAL ANGLE OF 07"35'06" AN ARC DISTANCE OF 317.72 FEET TO A POINT ON
THE SOUTHEASTERLY RIGHT-OF-WAY OF SAID PARCEL 66398-A, SAID POINT ALSO
BEING THE TRUE POINT OF BEGINNING; SAID POINT ALSO BEING ON A NON-TANGENT
1230.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL FROM SAID
POINT BEARS NORTH 47"50'32 WEST (NORTH 47'47'05" WEST - RECORD); THENCE
FOLLOWING THE COMMON BOUNDARY OF THE NORTHERLY BOUNDARY OF SAID
PARCEL "A AND THE SOUTHEASTERLY, WESTERLY AND NORTHWESTERLY RIGHT-OF-
WAY OF SAID PARCEL 66398-A. SOUTHWESTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 22O45'10" AN ARC DISTANCE OF 488.45 FEET; THENCE NORTH
2Y03'40" WEST 60.00 FEET TO A POINT ON A NON-TANGENT 1170.00 FOOT RADIUS
CURVE CONCAVE NORTHWESTERLY, A RADIAL FROM SAID POINT BEARS NORTH
25°05'27" WEST; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 06"19'31" AN ARC DISTANCE OF 129.16 FEETTO A POINT ON A
NON-TANGENT 2400.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL
PAGE 1 OF 2
:GM M:\2352\12\legal descriptions\a02 - RSFR QuitclaimPCL-B.doc
FROM SAID POINT BEARS NORTH 25"38'44" WEST (NORTH 25"35'16" WEST - RECORD
PER SAID PARCEL"A) ; THENCE LEAVING SAID BOUNDARY LINES, NORTHEASTERLY
ALONG SAID CURVE, AND THE PROJECTION OF THE NORTHERLY BOUNDARY OF SAID
PARCEL "A, THROUGH A CENTRAL ANGLE OF 08"18'51" AN ARC DISTANCE OF 348.26
FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 0.456 ACRES, MORE OR LESS.
/& ./- &/
L.S. 7322
HUNSAKER & ASSOCIATES SAN DIEGO. INC.
PAGE 2 OF 2
:GM M:\2352\12\legal descriptions\a02. RSFR QuitdaimPCL-&doc . . . - . . . . . . . - . . . . .
I i QUITCLAIM & RESERVATION OF EASEMENT
RECORDING REQUESTED BY
AND WHEN RECORDED,
PLEASE MAIL TO:
John C. Mabee
3838 Carnino Del Rio N.. Suite 222
MAG Properties
San Diego. CA 92108
MAIL TAX STATEMENTS TO:
Space above this line for Recorder's Use.
The undersigned grantor@) declare(s): Assessor's Parcel No. 223-060-31-00 and 223-060-32-00
Documentary transfer tax is $Oo.wW Project No. Ei Name CT 01-09
( ) computed on full value of properly conveyed, or MAG Properties
( )computed on full value less value of liens and PR01-109
encumbrances remaining at time of sale.
( ) Unincorporated area: (x) City of Carlsbad , and CITY OF CARLSBAD
FOR A VALUABLE CONSIDERATION,
receipt of which is hereby acknowledged
QUITCLAIM DEED AND RESERVATION OF EASEMENT
CITY OF CARLSBAD. a Municipal Corporation, organized under the laws of the State of California, for a valuable
consideration receipt of which is hereby acknowledged, does hereby remise, release and quitclaim to MAG Properties. a
California General Partnership, all right and title in the properly described in Exhibits "A" & "B". consisting of two pages,
which are attached hereto and made a part hereof (the "Property"), while reserving unto the City of Carlsbad, and its
successors in interest, an easement for PUBLIC STREET AND PUBLIC UTILITY PURPOSES over, under and across the
Property.
Executed on 1 -6
20x. at Carlsbad. California
ATTEST: //
(Notarial acknowledgement of execution of Grantor must be attached.)
State of California 1 1
county of s- b-@ J
personally appeared a&& CY.
pd personally known to me -OR- 0 proved to me on the basis of satisfactory evidence to be the person(@-
whose name(+ isk subscribed to the within instrument and
hislkeFCtkeic authorized capacity(&), and that by his/-
acknowledged to me that he/shftky executed the same in
signaturew on the instrument the person(sj, or the entity upon
behalf of which the person(s) acted, executed the instrument.
WITNESS, my hand and official seal.
(This area for official notary seal.) SIGNATURE OF NOTARY
~~~~
Title or Type of Document 4 &&&YL b&d d &2?.&4vi& p To I-0 g MttG PUP.
Date of Document /-/5-03 NO. of Pages 3
Signer@) other than named above %&?- # . Woad
k
SCALE: 1" = zoo'
-
A COSTA TOWN CENTER, 1.I.C TIMOTHY O.l;aPROLL, JR. A,P,N, 223-050-68, 70
8355 AVE. ENCINAS, STE 209. 223-060-31, 32
:ARLSBAD. CA 92008 L.S. 7700 EXP. 12/3l/d4 DATE 9-12-01
r.\ ,~~~~~~,",~~,~,~~.~",,~ I".><.", ?17,. ~~ _".