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HomeMy WebLinkAboutBressi Trust-Bank Of America NTSA; 1992-07-21;7 3 e 0 I* *, ; * . re* = June : A1#C CSAGRMB M)2 AGREEMENT This Agreement ( lfAgreementlg) is made and entered inti as of the )ST' day of ~UL y , 1992, by and between thi CITY OF CARLSBAD, a municipal corporation, hereinafter referrel to as the llCityll, and BANK OF AMERICA NATIONAL TRUST AND SAVIN( ASSOCIATION, as Trustee of the Mary E. Bressi Trust Dated June 1988, hereinafter referred to as l1Trusteet1. This Agreement is made with reference to the followi facts: 1. Trustee is the owner of that certain parcel of undeveloped land commonly referred to as the Bressi Ranch, approximately 565 acres in size, located at the intersection o Palomar Airport Road and El Camino Real, Carlsbad, California, and more particularly described on Exhibit A attached hereto (* "Property") . 2. The Property has significant frontage along Palomar Airport Road and El Camino Real. widen and improve Palomar Airport Road ("Roadt1) and the intersection (the llIntersectionlt) of Palomar Airport Road and ! Camino Real (the I1Projectrf). The City intends to 3. In connection with the Project, the City desire: to acquire an easement (the "Project Parcel Easementv1) for roac utility, drainage and slope/temporary construction purposes ovc an approximate five acre parcel (the llProject Parcel") of the Y*' * 0 11 b . r* x A #A2 CSAGRVB 002 June 2. Property adjacent to the Road and the Intersection. Parcel is more particularly described as Exhibit B attached hereto. The Projec 4. The City has requested that the Trustee convey t Project Parcel Easement to the City at this time without moneta compensation. 5. Trustee agrees to convey the Project Parcel Easement to the City without monetary compensation subject to t terms and conditions set forth in this Agreement. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the City and Trustee agree as follows : 1. Convevance of Proiect Parcel Easement. a. The Trustee agrees to convey the Project Parcel Easement to the City without monetary compensation subject to the terms and conditions hereinafter set forth. b. The Trustee shall convey the Project Parcel Easement to the City within ten (10) days of Trustee's receipt of the City's written request for such conveyance. Such written request may be made at any time after satisfaction of all of the conditions set forth in Paragraphs 2, 6b and 8; provided, however, if such written request is not made within ninety (90) days of City Counci 2 A:\#A2 CSAGRMB.OO2 June 2,1992 approval as provided in Paragraph 8,this Agreement shall automatically terminate and neither party shall have any further rights or obligations under this Agreement. c.Upon conveyance of the Project Parcel Easement,the city agrees to award the construction contract for the Project within one hundred eighty (180)days thereafter and diligently pursue completion of the Project, including but not limited to completion of all of the work described in Exhibits c,D and E attached hereto.In the event that the city does not award the construction contract for the Project within one hundred eighty (180)days after conveyance of the Project Parcel Easement to the City,upon the written request of the Trustee,the City shall release the Project Parcel Easement and shall have no further rights to the Project Parcel Easement. 2.Project Financing and Land.The City shall confirm in writing to the Trustee that all financing necessary to commence and complete the Project is in hand and that the city or other appropriate governmental entity has acquired all land necessary to commence and complete the Project.Such written confirmation must be received by the Trustee prior to the City requesting conveyance of the ~roject Parcel Easement. 3 V' 1 e 0 I, 0' .l June 2. A:\#A2 CSAGRMB.002 3. DescriDtion of the Project. a. Attached hereto as Exhibit C is a descripti by item and estimated cost per item of the improvements comprising the Project. b. Attached hereto as Exhibits D and E is a description by item and estimated cost per item of that portion of the improvements comprising the Project that wi be performed on land adjacent to the Property. particular, the work described in Exhibit D pertains to th improvement of the Intersection and the work described in Exhibit E pertains to the improvement of the Road adjacent to the Property. In c. the Project, including but not limited to the work describ in Exhibits C, D and E, except as otherwise expressly provided in Paragraph 5 hereof. The City agrees to pay all of the costs of d. Concurrently with the completion of the Project, the main water line running under the Road will b replaced by the Carlsbad Municipal Water District and the gas main currently located at or near the corner of the Property nearest the Intersection will be relocated by San Diego Gas & Electric Company. This work is shown on plans designated 314-3 and 318-1. As material consideration to 4 t 'I v a 0 I\ L.' .I June 2 A.\#A2 CSAGILMB 002 the Trustee, the City assures and guarantees to the Trustc that the work referred to in this subparagraph d will be completed concurrently with the Project without cost or expense to the Trustee. 4. Developer Work a. Attached hereto as Exhibit F is a descript; by item and estimated cost per item of such additional WOI (the "Developer Work") as may be required in addition to t work comprising the Project in order to fully complete thc Road adjacent to the frontage of the Property and the Intersection to the standards of the City's current Master Plan and to the standards of all applicable building codes The City acknowledges and agrees that the work described i Exhibit F in addition to the work comprising the Project, when completed by the developer, will be sufficient to complete all improvements to the Road adjacent to the frontage of the Property and the Intersection required unc the City's current Master Plan and all applicable buildinq codes. b. The City represents and warrants that the cost estimates set forth for the items comprising the Developer Work on Exhibit F were prepared by or for the Ci and that such cost estimates represent the City's best 5 <l I 0 0 !. I I .L A '#A2 CSAGRMB 002 June Z estimates made in good faith of the current cost of the Developer Work. C. In the event the City's General Plan is revised to require any or all of the following: additional rights of way along the frontage of the Proper. adjacent to the Road or Intersection; (ii) additional improvements to the Road or Intersection; (iii) additiona improvements to the frontage of the Property adjacent to ' Road or Intersection (collectively, "Revised General Plan Work"), over and above the Developer Work, the Trustee sh, not be required to bear the cost of the Revised General P Work, or any portion thereof, or make dedications therefo as a condition to obtaining, or obtaining approval of, development entitlements or permits for the Property, including but not limited to parcel maps, subdivision map development agreements, facilities plans, financing plans conditional use permits or building permits, unless and, such case, only to the extent that such Revised General P Work is required as a direct result of the then uses of t Property being substantially different in nature from tho uses of the Property contemplated by the General Plan of City in effect as of the date of this Agreement. (i) 6 1' 1 0 0 I. < t A #A2 CSAGRMBOO'L June 5. Payment of Trustee's Cost a. The Trustee agrees to reimburse the City f a portion of the cost (the 'ITrustee's Cost") of the Proje improvements described on Exhibit E attached hereto. The Trustee's Cost shall not exceed the lesser of the followi two amounts: i. The City's actual out of pocket cost labor and materials comprising the work set forth on Exhibit E, reduced by all funds received by, or credited to, the City by TRANSNET for all Route 78 corridor improvements designated to the Project. the event the work set forth on Exhibit E shall be contracted out with other work, the contract cost sh be equitably allocated between the work set forth on Exhibit E and the other work by mutual agreement of City and the Trustee; In ii. The sum of Six Hundred Forty-Nine Thousand Dollars ($649,000). b. The Trustee's cost shall be due and payabli to the City thirty (30) days after a building permit or permits are issued by the City for construction of materi permanent improvements on the Property, or any part there 7 \\ I 0 0 ,. .l I L. June Z A #A2 CSAGRVBW? However, the Trustee may pay the Trustee's cost at any tin prior to such due date. c. In the event that the Trustee does not pay the Trustee's Cost within thirty (30) days after completic of the Project, the City shall have the right to adjust tt Trustee's Cost by a percentage not exceeding the percentaq increase or decrease in the Construction Cost Index as published by the Engineering News Report for the area in which the Property is located for the period commencing wj the date of completion of the Project and ending with the date of payment of the Trustee's Cost; provided, however, that any such percentage increase shall not exceed six and one-half percent (6.5%) per annum: provided further, that the Trustee's Cost shall not be reduced below the amount originally determined pursuant to Paragraph 5a hereof. d. Except as otherwise specifically provided i this Paragraph 5, all costs of the Project shall be borne the City and shall not be charged back to the Trustee or assessed against the Property in any manner whatsoever including but not limited to by way of general or special property taxes, special assessments, improvement bonds (public or private), "in lieu" fees or private benefit assessments. 8 <* , 0 0 I. I I c June A #X CSAGRVB 002 6. Title. a. Prior to the conveyance of the Project Par Easement to the City by the Trustee, the City shall have right, at the City's sole cost and expense, to examine ti to the Project Parcel and to review all covenants, conditions, restrictions, reservations, easements, rights rights of way and other matters affecting title now of record or appearing by evidence on the land. The City acknowledges and agrees that the Trustee has not made nor shall the Trustee be required to make any representation warranty with respect to title to the Project Parcel. b. The Trustee has informed the City that the Property, including the Project Parcel, is subject to general liens for federal and state estate taxes due in connection with the estate of Mary E. Bressi, deceased, a a recorded, special lien for federal estate taxes. Upon execution of this Agreement, the Trustee agrees to use it reasonable efforts to secure from the Internal Revenue Service a subordination of the special lien for federal estate taxes to the Project Parcel Easement. In connectil with securing such a lien subordination, the City agrees . provide to the Trustee and the Internal Revenue Service SI information in the possession or control of the City 9 $1 9 0 * I I. c L June 2 A #A2 CSAGRMB 002 regarding the Project Parcel or the Property or the Projec that may be reasonably necessary to secure such lien subordination. In the event that within one hundred twent (120) days of City Council approval as provided in Paragra 8, the Trustee is unable to secure a subordination of the special lien for federal estate taxes to the Project Parce Easement, this Agreement may be terminated by the City upc written notice to the Trustee given within ten (10) days c the expiration of such one hundred twenty (120) day period In the event of such termination, neither party shall have any further rights or obligations under this Agreement. I the event that within one hundred twenty (120) days of Cit Council approval, the Trustee is unable to secure a subordination of the special lien for federal estate taxes to the Project Parcel Easement, the City, by failing to gi such written notice of termination, shall accept the Prole Parcel Easement subject to such lien. c. The Trustee has informed the City that Elizabeth B. Wiegand owns a parcel of land surrounded by t Property and that she owns an easement (the "Wiegand easementgt) extending from her land to the Road. The Trust and the City agree that the Trustee shall have no responsibility with respect to obtaining any conveyances, 10 !\ I 0 0 I\ L 4 June A #A2 CSAGRVB 002 releases or subordinations of the Wiegand easement as it affects the Project Parcel or the Project Parcel Easement Subject to the foregoing provisions of thi Paragraph 6, the Trustee shall cooperate with the City in obtaining subordination agreements from applicable lien holders and title interests reasonably required by the Ci to secure required Project construction rights. d. 7. Access Rishts. Notwithstanding anything expressly or impliedly contained in this Agreement or in any conveyance or other document or instrument executed and delivered pursuant to this Agreement, neither the execution of this Agreement by the Trustee, nor the conveyance of the Project Parcel Easement by 1 Trustee to the City, nor the execution and delivery by the Trustee of any document or instrument pursuant to this Agreemer shall be deemed or construed as a conveyance, release or waive1 by the Trustee of any access rights from the Property to the Rc or as a conveyance, release or waiver of any rights to curb cut driveways or other access points to the Property. 8. City Council Aaproval. This Agreement shall not be binding upon the parties unless and until it is approved by the City Council of Carlsbac and executed at its discretion. The City agrees to use its 11 I\ I 0 0 1 I- C 4. A #A? CSAGRMB 002 June 2. reasonable efforts to obtain such approval and execution. If t City Council of Carlsbad does not approve this Agreement withir sixty (60) days of its execution by the Trustee, this Agreement shall automatically terminate upon expiration of such sixty (6( day period and neither party shall have any further rights or obligations under this Agreement. 9. No Warranties. It is agreed that the Project Parcel Easement, and tl interest in the Project Parcel conveyed by the Project Parcel Easement, shall be conveyed by the Trustee and accepted by the City as is and with all faults and that the Trustee is making I representations or warranties regarding the condition of or tit to the Project Parcel, nor regarding the suitability of the Project Parcel for any particular use or purpose, nor regardin? the physical or environmental condition (including soils, subsoils and geology) of all or any portion of the Project Parc or any structures or other improvements constituting a part thereof, nor regarding the size, acreage or dimensions of the Project Parcel, nor whether the Project Parcel may be situated a special study zone as designated in Sections 2621-2625 of thc California Public Resources Code, nor whether the Project Para may be situated in a flood hazard zone as designated on any Special Flood Zone Area Map of the Department of Housing and 12 I tr 0 0 I I. \ 4, June A !#A2 CSAGRUB MI2 Urban Development, nor whether the Project Parcel is "border zone" property, nor regarding any other matter or thing whatsoever, it being understood that the City has obtained its own independent assurances as to all such matters to such exte as the City has deemed necessary or appropriate. acknowledges that the Trustee, Trustee's agents and other persc acting on behalf of the Trustee have made no representation or warranty of any kind in connection with any matter relating to the condition, value, fitness or use of the Project Parcel up01 which the City has relied directly or indirectly for any purpo! 10. Indemnity. The City agrees to indemnify, defenc and hc The City (with counsel reasonably satisfactory to the indemnitee) harmless the Trustee, its officers, directors, employees, representatives, agents and beneficiaries, and their respective heirs, successors and assigns, from and against all claims, demands, obligations, liabilities, damages, actions, causes of actions, suits and expenses (including attorneys' fees and cost of every nature, character or description for personal injury c property damage to any person or entity arising from, or allege to arise from, the construction of the Project or from any use, activity, work or thing done on or about the Project Parcel occurring any time whatsoever after commencement of any work or the Project. Additionally, as material consideration to the 13 * I. 9 0 0 I. I June : A .#A2 CSAGR.MB 002 Trustee, the City hereby assumes all risk of damage to propert. of the City or injury to persons in, on or about the Project Parcel arising from any cause whatsoever and the City hereby waives all claims in respect thereof against the Trustee. 11. Miscellaneous. a. This document contains the final and compl( agreement of the parties with respect to the subject mattr hereof and supersedes any prior agreement, written or ora. with respect to such matters. This Agreement may be amen( at any time and from time to time, but only by a writing signed by both parties. b. This Agreement shall be binding upon, and inure to the benefit of, the parties hereto and their respective successors and assigns, and shall run in favor and be binding on the present and future owners of the Property or any portion thereof, and their respective successors and assigns. c. Each party shall, at the request of the other, execute, acknowledge (if appropriate) and deliver whatever additional documents, and do such other acts, as may be reasonably required in order to accomplish the purposes of this Agreement. 14 I, I. 0 m .I June A.,#A1 CSAGRMB 001 d. Any notice required or permitted to be giv pursuant to the provisions of this Agreement must be in writing and shall be effectively given if delivered personally or sent by United States Mail, postage prepaid certified or registered, return receipt requested, to the City and Trustee at the addresses stated below. Notice s by mail shall be deemed to have been given on the earlier date of receipt or the third regular business day next following the date of deposit in the United States Mail. Either party shall have the right to change its address t which notices shall thereafter be sent by giving the othe party notice thereof. If to the City: City of Carlsbad Engineering Department 2075 Las Palmas Drive Carlsbad, California 92009 Attn: Lloyd B. Hubbs If to the Trustee: Bank of America National Trust and Savings Association 234 E. Colorado Boulevard P. 0. Box 90610 Pasadena, California 91109 Attn: Kathleen O'Connor Roberts Esq. With a copy to: Carlo Sima, Esq. Parker, Milliken, Clark, 333 S. Hope St., 27th Floor Los Angeles, California 90071 O'Hara & Samuelian 15 *L I e a 1. .t June 1 A #A2 CSAGRMB 002 e. In the event either party commences an act to determine or enforce such party's rights under this Agreement, the prevailing party in such action as determi by the court shall be entitled to recover such reasonable attorneys' fees and costs as the prevailing party may inci Time is of the essence in the performance c all obligations and the satisfaction of all conditions set forth herein. f. g. This Agreement and the obligations of the parties hereunder shall be interpreted, construed and enforced in accordance with the laws of the State of California. h. No provision of this Agreement shall be interpreted or construed against one party on the grounds that such party or such party's counsel drafted the provision at issue. i. Bank of America National Trust and Savings Association is executing this Agreement solely in its capacity as Trustee of the Mary E. Bressi Trust. The Trustee shall not be liable personally to the City in the event of any actual or alleged breach of any provision of this Agreement. The City agrees to look solely to the tru: 16 I, * 0 0 I. c June A #x CSAGRUB002 estate and not to the Trustee in its individual capacity any remedy or damages for breach of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. Date : 7 - K-48 Attest: APPROVED AS TO FORM: Ronald R. Ball Acting City Attorney BY -12, /jarpe Acting City Attorney 741 ryt* 17 I, ¶ 0 0 I. , c >\ #A? CSAGRMB 002 June 1 BANK OF AMERICA, NT&SA, AS SUCCESSOR BY MERGER TO SECURITY PACIFIC NATIONAL BANK, AS TRUSTEE UNDER DECLARATION OF TRUST DATED JUNE 2, 1988 F/B/O MARY E. BRESSI j < 1' By() $ fi IT ,_ , &,$-&+- Khth een O'Connor Robertson BY 18 1% 4 0 0 1. I BRESSI RANCH Exhibit A 1 EXHIBIT "A" 0 I, 0 ,' It I% ' fll-l-'OF LOT A OF THE SUBDIVISION OF AGUA HEDIONDA, IN THE COUNTY Of DIEGO, STATE OF CAIIFORNIA, ACCORDING TO THE MAP THEREOF NO. 823, F THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 169 AND AS MORE PARTICUlARLY SHOWN ON RECORD OF SURVEY MAP NO. 54569 FII. THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 29, 19t EXCEPTING THEREFROM THAT PORTION DESC3IBED AS FOLI-OWS: BEGINNING AT THE "OINT OF INTERSECTION OF THE SOUTH LINE OF SAID LO7 WITH THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF SECTION 24, TE 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN; THENCE AI-L NORTHERI-Y PROLONGATION OF THE EAST LINE OF SAID S.OUTHWEST QUARTER NO OO"42'03" EAST, 965.00 FEET; THENCE NORTH 89'17'57" WEST 2180.00 FEE 2080.76 FEET TO A POINT IN THE EASTERLY LINE OF THE COUNTY ROAD 90.0 WIDE AS DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO RECORDED JUCY 2 AS FIIE/PAGE NO- 13fl797 OF OFFICIAI- RECORDS; THENCE ALONG SAID EASTE CU9VE COrJCAVE WESTERLY; THENCE SOUTHERLY ALONG TH; $RC OF SAID CURVE FEET TO A POINT IN THE YESTE2LY LINE OF SAID LOT A ; THENCE AI-ONG S WESTERLY LINE SOUTH 08'08'59 WEST9 136.31 FEET TO AN ANGI-E POINT TH AND SOUTH 27'21'24" WEST, 1319.81 FEET TO THE SOUTHWESTERLY CORNER 0 LOT "A"; THENCE AI-ONG THE SOUTH CINE THEREOF SOUTH 89'26'07" EAST, 4 THENCE NORTH n0~42103~~ EAST, 1380.00 FEET; THENCE NORTH 89'17'57" WE I-IrjE SOUTH 08~09~20~~ WEST, 723.95 FEET TO A TANGENT 1845.011 FOOT RAE FEET TO THE POINT OF BEGINNING. AI-SO EXCEPTING THEREFROM THAT PORTION LYIYC WITHIN THE BOUNDARY OF P AS SHOWN ON A PARCEL MAP'FILED IN BOOK OF'PARCEI, MAPS AT PAGE 1763 I OFFXCE OF THE COUNTY RECORDER OF SAID COUNTY. AND ALSO EXCEPTING THEREFROM THAT PORTION* IF ANY, LYING NESTERI-Y OF EAbiCRI-Y BOUNDARY OF THAT PART OF COUNTY ROAD SURVEY NO. 1800-1 (90. WIDE) AS DESCRIBED IN PARCEL 68373-~ IN DEED TO THE COUNTY OF SAN DI RECORDED JULY 24, 1970 AS FIl-E/PAGE NO. 130797 OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM THAT PORTION DESCRIBED IN DEED TO THE CITY ( CARI-SBAD, A MUNICIPA!. CORPORATION OF THE STATE OF CALIFORNIA, RECORD1 AUGUST 259 1987 AS FILEIPAGE NO- 87-482006 OF OFFICIAL RECORDS, BEIN( PAR T I C UL A R!, Y D E S C R I B ED A S F OL L 0 W S : BEGINNING AT A POINT ON THE NORTHERLY LINE OF SAID LOT ''A" AT THE IN; TION WITH THE NORTHERLY RIGHT OF WAY OF PALOMAR AIRPORT ROAD AS SHOWN ROAO SURVEY NO. 757, FI1,ED IN THE OFFICE OF THE COUNTY RECORDER OF SCI FEET TO THE INTERSECTION WITH NORTHERLY RIGHT OF WAY OF SAID ROAO Sufi NO. 757, SAID POINT BEING ON A NON-TANGENT CURVE CONCAVE NORTHEASTERC HAVING A RADIUS OF 318.90 FEET (320.00 FEET PER ROA! SURVEY NO* 757)1 RADIAL LINE THROUGH SAID POINT BEARS NORTH 36'12'24 EAST; THENCE ACC SAID CURVE AND NORTHER!-Y RIGHT OF WAY OF SAID ROAD SURVEY NO- 7579 TH A CENTRAI, ANGI-E OF SO"27'52" AN ARC LENGTH OF 280.88 FEET; THENCE TAN TO SAID CURVE, NORTH 75'44'32" EAST 401.64 FEET TO BEGINNING OF A TAh CURVE CONCAVE SOUTHEASTERCY AND HAVING A RADIUS OF 3,034059 FEET (3*c FEET PER SAID ROAD SURVEY, NO- 757); THENCE AI-ONG SAID CURVE THROUGH CI CENTRAI, ANGI-E OF 1'13'44 AN ARC LENGTH OF 65*08 FEET TO THE POINT OF OIEGO COUNTY: THENCE AI-ONG SAID NORTHERLY LINE SOUTH 85'02'03" WEST 7 BEGINNING. 1 t. 0 0 PERMANENT EASEMENT FOR ROAD PURPOSES Exhibit B (Part One) 0 0 *, ' %' 1. j #10204.00 (19) RL March 21, 195 # 19ROADS. Lx A.P.N. 213-030-1 ROAD DEDICATIONS THE FOLLOWING DESCRIBED ROAD DEDICATIONS ARE OVER, ALONG AND ACRO! THAT PORTION OF PARCEL 1 OF PARCEL MAP NO. 1763, ACCORDING TO Mi THEREOF FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIE( COUNTY JULY 20, 1973, AND A PORTION OF LOTS "A", "B" AND "G" ( RANCHO AGUA HEDIONDA ACCORDING TO PARTITION MAP THEREOF NO. 823 i FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUN' NOVEMBER 16, 1896, ALL IN THE CITY OF CARLSBAD, COUNTY OF SA DIEGO, STATE OF CALIFORNIA, SAID ROAD DEDICATIONS BEING MOI PARTICULARLY DESCRIBED AS FOLLOWS : PARCEL lsA1q- PALOMAR AIRPORT ROAD: BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL 1 OF PARCEL MA NO. 1763, BEING A POINT ON A LINE 3'0.00 FEET SOUTHERLY OF AI CONCENTRIC WITH THE CENTERLINE OF ROAD SURVEY NO. 757 KNOWN , PALOMAR AIRPORT ROAD, AND ALSO BEING A POINT ON THE ARC OF 1170.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL LINE TO SA POINT BEARS NORTH 2'10'0711 EAST; THENCE SOUTHERLY ALONG TI EASTERLY LINE OF SAID PARCEL 1 SOUTH 2'38'01" EAST (SOUTH 2'37'5 EAST PER PARCEL MAP NO. 1763 AND REFERRED TO HEREAFTER AS RECOR 74.35 FEET TO A POINT ON THE ARC OF A NON-TANGZNT 2137.00 F01 RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL LINE TO SAID POINT BEA NORTH 4'1010011 EAST: THENCE LEAVING THE EASTERLY LINE OF SA PARCEL 1, WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTR ANGLE OF 14*34'0711 A DISTANCE OF 543.38 FEET; THENCE TANGENT SAID CURVE SOUTH 79'35'53" WEST 522.11 FEET TO THE BEGINNING OF TANGENT 3063.00 FOOT RADIUS CURVE CONCAVE NORTHERLY: THEN WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE 26.57'28" A DISTANCE OF 1441.15 FEET; THENCE TANGENT TO SAID CUR NORTH 73'26'39" WEST 452.20 FEET TO THE BEGINNING OF A TANGE 2937.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE WESTERLY ALO THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 21'31'22" DISTANCE OF 1103.26 FEET; THENCE TANGENT TO SAID CURVE SOU 85'01'59" WEST 1284.41 FEET TO THE BEGINNING OF A TANGENT 2941. FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY ; THENCE SOUTHWESTERLY ALO THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 8'15'53" DISTANCE OF 424.31 FEET: THENCE TANGENT TO SAID CURVE SOU 7G'46'061' WEST 533.72 FEET TO AN INTERSECTION WITH THE NORTHER LINE OF SAID PARCEL 1. OF PARCEL MAP NO. 1763, SAID POINT BEING THE ARC OF A NON-TANGENT 139.59 FOOT RADIUS CURVE CONCA 1 'I '. 0 a j #10204.00 (19) RL March 21, 19: II19ROADS. LA A.P.N. 213-030-1 SOUTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 48'48 '3' WEST: THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH CENTRqL ANGLE OF 34'3583611 A DISTANCE OF 84.28 FEET: THENCE TANGEI TO SAID CURVE AND ALONG A LINE 30.00 FEET SOUTHERLY OF AND PARALU WITH THE CENTERLINE OF SAID ROAD SURVEY NO. 757, NORTH 75'46'5' EAST 401.60 FEET (NORTH 75'46'27" EAST 401.65 FEET RECORD) TO TI BEGINNING OF A TANGENT 2970.00 FOOT RADIUS CURVE CONCA' SOUTHEASTERLY: THENCE NORTHEASTERLY ALONG THE ARC OF SAID CUR THROUGH A CENTRAL ANGLE OF 9'15'00" (9'15'00" RECORD) A DISTANCE ' 479.49 (479.48 FEET-RECORD) FEET: THENCE TANGENT TO SAID CUR' NORTH 85'01'59" EAST 1287.40 FEET (NORTH 85'01'27" EAST 1286. FEET-RECORD) TO THE BEGINNING OF A TANGENT 2970.00 FOOT RADI' CURVE CONCAVE SOUTHERLY: THENCE EASTERLY ALONG THE ARC OF SA CURVE THROUGH A CENTRAL ANGLE OF 21'31'22" (21'31'57" RECORD) DISTANCE OF 1115.66 (1116.38 RECORD) FEET: THENCE TANGENT TO SA CURVE SOUTH 73'26'39" EAST 452.20 FEET (SOUTH 73'26'36" EAST 451. FEET-RECORD) TO THE BEGINNING OF A TANGENT 3030.00 FOOT RAD1 CURVE CONCAVE NORTHERLY: THENCE EASTERLY ALONG THE ARC OF SA CURVE THROUGH A CENTRAL ANGLE OF 26'57'28" (26'56'45" RECORD) DISTANCE OF 1425.62 (1424.99 RECORD) FEET: THENCE TANGENT TO SA CURVE NORTH 79'35'53" EAST 815.05 FEET (NORTH 79'35'57'' EAST 813. FEET-RECORD) TO THE BEGINNING OF A TANGENT 1170.00 FOOT RAD1 CURVE CONCAVE SOUTHERLY: THENCE EASTERLY ALONG THE ARC OF SA CURVE THROUGH A CENTRAL ANGLE OF 12'34'14" (12'37'08'' RECORD) DISTANCE OF 256.70 (257.68 RECORD) FEET TO THE POINT OF BEGINNIN THE RIGHT TO EXTEND AND MAINTAIN DRAINAGE STRUCTURES AND EXCAVATI AND EMBANKMENT SLOPES BEYOND THE LIMITS OF THE RIGHT-OF-WAY WHE MADE A PART HEREOF. THE AREA WITHIN THE ABOVE DESCRIBED PARCEL "A" ROAD DEDICATION 215864 SQUARE FEET OR 4.956 ACRES. REQUIRED FOR CONSTRUCTION AND MAINTENANCE, IS INCLUDED WITHIN a PARCEL '@B"- EL CAMINO REAL: COMMENCING AT THE NORTHWEST CORNER OF SAID PARCEL 1 OF PARCEL b NO. 1763, BEING THE NORTHERLY TERMINUS OF A LINE WITH A BEARING I DISTANCE OF NORTH 38'11'41" WEST 354.06 FEET PER SAID PARCEL M1 THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID PARCEL 1, SO1 38.11'53" EAST (NORTH 38'11'41'' WEST RECORD) 23.10 FEET TO INTERSECTION WITH A NON-TANGENT 50.00 FOOT RADIUS CURVE CONCi SOUTHEASTERLY, THE SOUTHWESTERLY TERMINUS OF SAID CURVE BEING ' POINT OF TANGENCY WITH THE EASTERLY LINE OF ROAD S'JRVEY NO. 1801 (126 FOOT WIDE EL CAMINO REAL) AND THE NORTHEASTERLY TERMINUS 2 * '> I. 0 0 j fl10204.00 (19) R # 19ROADS. L A.P.N. 213-030- March 21, 19 SAID CURVE BEING AT ITS POINT OF TANGENCY WITH A LINE THAT PARALLEL WITH AND DISTANT 63.00 FEET AT RIGHT ANGLES SOUTHERLY FR THE CENTERLINE OF SAID ROAD SURVEY N0.757 (PALOMAR AIRPORT ROAD) DESCRIBED IN PARCEL NO. 74-0825-A, VACATION 74-31, RECORC NOVEMBER 14, 1974 AS FILE/PAGE NO. 74-301818 OF OFFICIAL RECORC IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUKTY, RADIAL LINE TO SAID POINT BEARS NORTH 49'02'54" WEST, SAID POINT INTERSECTION ALSO BEING THE TRUE POINT OF BEGXNNING; THENCE LEAVI SAID WESTERLY LINE OF PARCEL MAP NO. 1763 NORTHEASTERLY ALONG 'I ARC OF THE ABOVE DESCRIBED 50.00 FOOT RADIUS CURVE THROUGH CENTRAL ANGLE OF 24'18'10" A DISTANCE OF 21.21 FEET TO INTERSECTION WITH A NON-TANGENT 30.00 FOOT RADIUS CURVE CONCP SOUTHEASTERLY, A RADIAL LINE TO SAID 50.00 FOOT RADIUS CURVE BE1 NORTH 24'44'44" WEST, AND A RADIAL LINE TO SAID 30.00 FOOT RAD: CURVE BEARS NORTH 63'30'3211 WEST; THENCE SOUTHERLY ALONG SAID 30 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 36'33'25" A DISTAl OF 19.14 FEET TO THE BEGINNING OF A 510.00 FOOT RADIUS COMPO1 CURVE CONCAVE EASTERLY, A RADIAL LINE TO SAID POINT BEARS SO1 79'56'03" WEST: THENCE SOUTHERLY ALONG SAID 510.00 FOOT RAD CURVE THROUGH A CENTRAL ANGLE OF 10'34'16" A DISTANCE OF 94.10 F: TO THE BEGINNING POINT OF A 2029.82 FOOT RADIUS REVERSE CU' CONCAVE WESTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 69' 21' EAST; THENCE SOUTHERLY ALONG THE ARC OF SAID 2029.82 FOOT RAD CURVE THROUGH A CENTRAL ANGLE OF 02'16'58" A DISTANCE OF 80.87 F TO THE BEGINNING POINT OF A 242.00 FOOT RADIUS COMPOUND CU CONCAVE SOUTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS NO RADIUS CURVE THROUGH A CENTRAL ANGLE OF 9'28'05'' A DISTANCE 39.99 FEET; THENCE TANGENT TO SAID CURVE SOUTH 8'53'10" EAST 315 FEET TO A POINT OF CUSP WITH A 2063.11 FOOT RADIUS CURVE CONC WESTERLY, A RADIAL LINE TO SAID POINT OF CUSP BEARS NORTH 81.06' EAST, SAID CURVE BEING 63.00 FEET EASTERLY OF AND CONCENTRIC W THE CENTERLINE OF ROAD SURVEY NO. 1800-1 (EL WINO REAL); THE NORTHERLY ALONG THE ARC OF SAID CONCENTRIC CURVE THROUGH A CENT ANGLE OF 13'38'13" A DISTANCE OF 491.04 FEET TO THE SOUTHWESTE TERMINUS OF A 50 - 00 FOOT RADIUS REVERSE CURVE CONCAVE SOUTHEASTE AS DESCRIBED ABOVE AND IN PARCEL NO. 74-0825-A, VACATION 74- RECORDED NOVEMBER 14, 1974 AS FILE/PAGE NO. 74-301818 OF OFFIC RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN Dl COUNTY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID 50.00 1 RADIUS CURVE THROUGH A CENTRAL ANGLE OF 63'28'29" A DISTANCF 55.39 FEET TO THE TRUE POINT OF BEGINNING. THE RIGHT TO EXTEND AND MAINTAIN DRAINAGE STRUCTURES AND EXCAVA: AND EMBANKMENT SLOPES BEYOND THE LIMITS OF THE RIGHT-OF-WAY WI REQUIRED FOR CONSTRUCTION AND MAINTENANCE, IS INCLUDED WITHIN 71*3a1451' EAST; THENCE SOUTHERLY ALONG THE ARC OF SAID 242.00 FI 3 9 ', ,- e 0 , j #10204.00 (19) R: March 21, 19' # 19ROADS. U A.P.N. 213-030- MADE A PART HEREOF. * THE AREA WITHIN THE ABOVE DESCRIBED PARCEL "B" IS 8789 SQUARE FE OR 0.202 ACRE. PARCEL OCll - EL FUERTE STREET COMMENCING AT THE NORTHEAST CORNER OF SAID PARCEL 1 OF PARCEL M NO. 1763, BEING A POINT ON A LINE 30.00 FEET SOUTHERLY OF A CONCENTRIC WITH THE CENTERLINE OF ROAD SURVEY NO. 757 KNOWN PALOMAR AIRPORT ROAD, AND ALSO BEING A POINT ON THE ARC OF 1170.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL LINE TO SA POINT BEARS NORTH 2'10807g9 EAST: THENCE WESTERLY ALONG 'I NORTHERLY LINE OF SAID PARCEL 1 ALSO BEING A LINE 30.00 FE SOUTHERLY OF AND PARALLEL WITH THE CENTERLINE OF SAID ROAD SURW NO. 757 THE FOLLOWING: ALONG THE ARC OF SAID 1170.00 FOOT RAD1 CURSE THROUGH A CENTRAL ANGLE OF 12'34'14" (12'37'08" RECORD) DISTANCE OF 256.70 (257.68 RECORD) ; THENCE TANGENT TO SAID CUF SOUTH 79'35'53" WEST 815.05 FEET (NORTH 79'35'57" EAST 813.25 FEE RECORD) TO THE BEGINNING OF A TANGENT 3030.00 FOOT RADIUS CUF CONCAVE NORTHERLY; THENCE WESTERLY ALONG THE ARC OF SAID CUF THROUGH A CENTRAL ANGLE OF 21*10'16" A DISTANCE OF 1119.60 FEET A POINT ON THE CENTERLINE OF EL FUERTE STREET DEDICATED PER CITY CARLSBAD TRACT NO. 7421 ACCORDING TO THE MAP THEREOF NO. 10: FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIE COUYTY, A LINE RADIAL TO SAID POINT BEARS SOUTH 10'46'09" WEZ THENCE LEAVING SAID NORTHERLY LINE OF SAID PARCEL 1 AND S2 PARALLEL LINE, FEET TO A POINT ON THE ARC OF A 3063 . 00 FOOT RADIUS CURVE CONCl NORTHERLY BEING 33.00 FEET SOUTHERLY OF AND CONCENTRIC WITH Si 3030.00 FOOT RADIUS CURVE; THENCE WESTERLY ALONG THE ARC OF SA 3063.00 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 1*16'14' DISTANCE OF 67.92 FEET TO A POINT OF CUSP WITH A 25.00 FOOT RAD CURVE CONCAVE SOUTHWESTERLY, A RADIAL LINE TO SAID POINT BE, NORTH 12'02'23'1 EAST, SAID POINT BEING TRE TRUE POINT OF BEGINNI: THENCE SOUTHEASTERLY ALONG THE ARC OF SAID 25.00 FOOT RADIUS CU THROUGH A CENTRAL ANGLE OF 86'13'46" A DISTANCE OF 37.62 FE THENCE TANGENT TO SAID CURVE SOUTH 8' 16 ' 09" WEST 19.57 FEET; THE FEET TO THE BEGINNING OF A TANGENT 25-00 FOOT RADIUS CURVE CONC THROUGH A CENTRAL ANGLE OF 86'.13'46" A DISTANCE OF 37.62 FEET T POINT OF CUSP WITH THE AFORESAID 3063.00 FOOT RADIUS CJRVE CONC ALONG SAID RADIAL LINE SOUTH 10'46'09'' WEST 33 SOUTH 79*13451t' EAST 85.27 FEET: THENCE NORTH 13'161091t EAST 19 SOUTHEASTERLY; THENCE NORTHEASTERLY A';ONG THE ARC OF SAID CU 4 9 '\ 1. e e j #l0204.00 (19) RJ # 19ROADS. Ix; A.P.N. 213-030-1 March 21, 199 NORTHERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 9'29'55" WEST THENCE WESTERLY ALONG THE ARC OF SAID 3063.00 FOOT RADIUS CURV THROUGH A CENTRAL ANGLE OF 2'32'28" A DISTANCE OF 135.83 FEET T THE TRUE POINT OF BEGINNING. THE RIGHT TO EXTEND AND MAINTAIN DRAINAGE STRUCTURES AND EXCAVATIO AND EMBANKMENT SLOPES BEYOND THE LIMITS OF THE RIGHT-OF-WAY WHER REQUIRED FOR CONSTRUCTION AND MAINTENANCE, IS INCLUDED WITHIN AN MADE A PART HEREOF. THE AREA WITHIN THE ABOVE DESCRIBED PARCEL "C" ROAD DEDICATION I 3962 SQUARE FEET OR 0.091 ACRE. THE ABOVE LEGAL DESCRIPTIONS WERE PREPARED BY ME OR UNDER M DIRECTION . 3/i;f9/ LICENSE EXPIRES: 12-31-92 5 1 a e I. I' j#10204.00(19) F #19DRAIN. I April 3, 19 A.P.N. 213-030- DRAINAGE EASEMENT THE FOLLOWING EASEMENT IS FOR DRAINAGE PURPOSES AND APPURTENAN( OVER, UNDER, ALONG AND ACROSS A PORTION OF PARCEL 1 OF PARCEL E NO. 1763 ACCORDING TO MAP THEREOF FILED IN THE OFFICE OF THE COUf RECORDER OF SAN DIEGO COUNTY JULY 20, 1973, IN THE CITY CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, SAID EASEMI BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID PARCEL 1 OF PARCEL II NO. 1763, THENCE SOUTHERLY ALONG THE EASTERLY LINE OF SAID PAR( MAP SOUTH 2'38'01" EAST (SOUTH 2'37'58" EAST PER PARCEL MAP I 1763) 74.34 FEET TO A POINT ON THE ARC OF A NON-TANGENT 2137 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL BEARING TO SAID PO: BEARS NORTH 4'10'00" EAST, SAID CURVE BEING THE SOUTHERLY RIGHT-( WAY LINE OF PALOMAR AIRPORT ROAD; THENCE WESTERLY ALONG THE ARC SAID CURVE AND SAID SOUTHERLY RIGHT-OF-WAY THROUGH A CENTRAL AN( OF 14'34' 07" A DISTANCE OF 543.38 FEET; THENCE TANGENT TO SA CURVE SOUTH 79'35'53" WEST 522.11 FEET TO THE BEGINNING OF TANGENT 3063.00 FOOT RADIUS CURVE CONCAVE NORTHERLY; THE1 WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE 26'57t2811 A DISTANCE OF 1441.15 FEET; THENCE TANGENT TO SAID CUI NORTH 73'26'39" WEST 452.20 FEET TO THE BEGINNING OF A TANG: 2937.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY: THENCE WESTERLY AU THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 21'31*22'' DISTANCE OF 1103.26 FEET; THENCE TANGENT TO SAID CURVE SO1 85'01'59l' WEST 95.77 FEET TO THE TRUE POINT OF BEGINNING; THE. FEET; THENCE SOUTH 31'28105t1 WEST 22.36 FEET: THENCE SO 58'01'5911 WEST 15.00 FEET; THENCE NORTH 31'5810181 WEST 40.00 FE THENCE NORTH 58'01'5911 EAST 15.00 FEET; THENCE NORTH 84'35f53tf E 22.36 FEET: THENCE NORTH 58'01t5911 EAST 15.30 FEET TO A POINT THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID PALOMAR AIRPORT RO THENCE EASTERLY ALONG SAID RIGHT-OF-WAY LINE NORTH 85'01'59" E 44.05 FEET TO THE TRUE POINT OF BEGINNING. LEAVING SAID SOUTHERLY RIGHT-OF-WAY SOUTH 58'01'59" WEST 54 THE AREA WITHIN THE ABOVE DESCRIBED PARCEL IS 1899 SQUARE FEET 0.044 ACRE. 1 I * v, 0 e j #10204.00 (19) F #19DRAIN.I A.P.N. 213-030- April 3, 19 THE ABOVE LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER DIRECTION. d/5/q/ DAm A. DAVIS, L.S. 5894 LICENSE EXPIRES : 12-3 1-92 2 !A."l..d I Drmwn BY Gar I Pqt-ckad By 8 1-15-91 SECURITY PACIFIC NATIONAL BANK, AS R DEDICATION FOR: TI -- CITY OF CARLSBAD TRUSTEE a CONSERVATOR FOR MARY E. BREW PALOMAR AIRPORT RD. & EL CAMINO REAL - - ._ j b 1% 0 0 .*- /.* m 0 C 7 a 2 Y APN 213-030-16 > a t P, T KPNl P I 213-030-13 , .. . j? J\.L b10, 1753 .. .. 1 I I I I .. 1.. $- Rovlood Orawn By chnsked By 'CVC"'3 j - - 1 -- CITY OF CARLSBAD 1-19-91 SECURITY PACIFIC NATIONAL BANK, AS I DEDICATION FOR: 1 TRUSTEE a CONSERVATOR FOR MARY E. BRESSJ - oat. PALOMAR AIRPORT RD. 8, EL CAMINO REAL 'I I I I AS TRUSTEE AND CONSERVATOR FOR MARY E. BRESSI DEDICATION FOR: evirad MA -- 3-21 -9 I rawn By 1-24.91 secked By oorovao oar. 8 CITY -OF CARLSBAD SECURITY PACIFIC NATIONAL BANK, t~ MARY E. BRES81 DELICATION FOR: v PAUMAR AlRpoRi RD. AS TRUSTEE AND CONSERVATOR FOR Ievl8ed CITY OF CARLSBAD )rrwn ey hacked By MARY E. BRESSI DEDICATION FOR: SECURITY PACIFIC NATIONAL BANK, - AS TRUSTEE AND CONSERVATOR FOR 8( Rc - fl pproved . -- Date PAIDMAR AlFPORT RD. svlrod fEt-Yfn By M MA -- l.'chPd uy 801 Ro -- 8 CITY OF CARLSBAD 1-24-91 SECURITY PACIFIC NATIONAL BANK AS TRUSTEE AND CONSERVATOR FOR MARY E. BRESSI DEDICATION FOR: trl RnAn nFnlCATlnN FI CAMlNC7 RFAL JnLt-1 I L c '\ 1. 0 0 ! 'C VICINITY MAP LEGEND NOTES l$g@l WPIFD + DEDIC4TIOhl TPQ0.-7RUE FDINT OF eEGINNlN(j ( ) INDIC4TEG RECORD INFORMATIOU LEGAL DE%RIPTlOhl: PAEEL I PARCEL M4P NO. 1763 A.W. : 2l4-03O-l6 AREA OF DEDlCATl0h.J : i 099 3~. 1 OR 0.044 e0.C.- WINT OF CCNIMENCEMENT PEp PM. 17@ EXISTING EASEMENTS -- CITY OFCARLSBAD RW 0 4- -02-9 I ROvl#ed Drawn By RG4 i-16-91 SECURITY PACIFIC NATIONAL BANK, 1 ' - ,,-;*., ,d Date DRAINAGE EASEMENT AS TRUSTEE AND CONSERVATOR FOR MARY E. BRESSI-DEDICATION FOR: Checked By S R - T APN 2 13-030-1 6 fOR DETAIL 3 a 213-030-13 I 2 r\ J]], 1\J0, 1-763 ww P.M. I north RLJi pm-dogk. 401 we6l-A-m !jliIe2500 sen~cA9nol614232.4466 S RW 04-*2-91 -, CITY OF CARLSBAD -m Revlred Drawn By I-1@-91 Chcckod By SECURITY PACIFIC NATIONAL BANK, ' ASTRUSTEE AND CONSERVATOR FOR MARY E. BRESSI- DEDICATION FOR: - T I I ORAINAGE EASEMENT I levlead KPJ )ram By "i?: !-...cd By 7 . ,I sc --, CITY- OF CARLSBAD PC I-lS-91 SECURITY PACIFIC NATIONAL BANK, '0' ASTRUSTEE AND CONSERVATOR FOR - MARY E. BRESSI DEDICATION FOR: Tra ~ar. DRAINAGE EASEMENT 0 e -i ' d. '\ * TEMPORARY EASEMENT FOR SLOPE AND CONSTRUCTION PURPOSES (This easement shall extinguish and terminate upon such time that the Notice of Completion for the IIPalomar Airport Road - East and El Camino Real, Faraday to Palomar Airport Road - Project Number 3166" construction project is filed in the Office of the County Recorder, San Diego County, California.) Exhibit B (Part Two) 0 0 ri . F I. I. BRESSI EASEMEN" PAGE 1 OF 3 THE FOLLOWING DESCRIBED EASEMENT IS OVER, UNDER AND ACROSS TI PORTION OF PARCEL 1 OF PARCEL MAP NUMBER 1763 ACCORDING TO THE h THEREOF FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DI COUNTY JULY 20,1973; AND A PORTION OF LOTS "A", "B" AND "G" OF RAN( AGUA HEDIONDA ACCORDING TO THE PARTTION MAP THEREOF NUMBER 82 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COU: NOVEMBER 16,1896, ALL BEING WITHIN THE LIMITS OF THE CITY OF CARLSE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, SAID EASEMENT BEING MI PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID PARCEL 1, SAID PODT COMMENCEMENT BEING A POINT ON A LINE 30.00 FEET SOUTHERLY OF, CONCENTRIC WITH THE CENTERLINE OF PALOMAR AIRPORT ROAD, ! CENTERLINE BEXNG SHOWN ON ROAD SURVEY NUMBER 757, AND ALSO BE A POINT ON THE ARC OF A 1170.00 FOOT RADIUS CURVE CONCAVE SOUTHEl A RADIAL LINE TO SAID POINT BEARS NORTH 2010'07" EAST; THE SOUTHERLY ALONG THE EASTERLY LINE OF SAID PARCEL 1 SOUTH 2038'01 "I 74.35 FEET TO THE TRUE PO INT OF BEGINNING; THENCE SOUTH 2038'01 " 1 86.64 FEET; THENCE NORTH 73039'34" WEST 238.32 FEET TO A POINT ( TO SAID POINT BEARS NORTH 1053'00" WEST; THENCE WESTERLY ALONG CURVE THROUGH A CENTRAL ANGLE OF 8031'07" A DISTANCE OF 314.16 F THENCE TANGENT TO SAID CURVE SOUTH 79035'53" 522.11 FEET TO A POIN A TANGENT 3087.00 FOOT RADIUS CURVE CONVEX SOUTHERLY, A RADIA SAID POINT BEARS SOUTH 10024'07" EAST; THENCE WESTERLY ALONG CURVE THROUGH A CENTRAL ANGLE OF 0037'34" A DISTANCE OF 33.73 m THROUGH SAID POINT BEARS SOUTH 9046'33" EAST; THENCE SOUTH 500( WEST 89.87 FEET; W NORTH 45006'34" WEST 96.18 FEET; THENCE SOUTH 79013'09" WEST 251.00 ' THENCE NORTH 83052'51" WEST 118.19 FEET; THENCE NORTH 86008'35" 11 1.02 FEET; THENCE NORTH 76051'08" WEST 249.52 FEET; THENCE SI 9027'53" WEST 15.00 FEET TO A POINT ON A NON-TANGENT 3103.00 FOOT W CURVE CONVEX SOUTHERLY, A RADIAL TO SAID CURVE BEARS SOUTH 90 EXP I f!!! SA, N0.4 NON-TANGENT 2113.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RAI A POINT ON A NON-TANGENT LINE, A RADIAL TO SAID CURVE PAS THENCE SOUTH 760 03'07" WEST 182.35 FEET; #!& 0 0 f " ?. >\ WEST; BRESSI EASEMENT PAGE 2 OF 3 THENCE WESTERLY ALONG SAID CURVE "IfROUGH A CENTRAL AN( 2026'51" A DISTANCE OF 132.55 FEET TO A POINT ON A NON-TANGENT 1 RADIAL TO SAID CURVE PASSING THROUGH SAID POINT BEARS SOUTH 11 WEST; THENCE NORTH llO54'44"EAST 15.00 FEET TO A POINT ON A TANGEBU 3088.00 FOOT RADXUS CURVE CONVEX SOUTHERLY, A RADIAL 7 POINT BEARS SOUTH 11054'44" WEST; THENCE WESTERLY ALONG SAID C THROUGH A CENTRAL ANGLE OF 4038'37" A DISTANCE OF 250.27 FEET; 'I TANGENT TO SAID CURVE NORTH 73026'39" WEST 217.20 FEET; THENCE 74050'38"WEST 566.05 FEET TO A POINT ON A TANGENT 2917.00 FOOT CURVE CONCAVE SOUTHERLY, A RADIAL TO SAD POINT BEARS NORTH EAST; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL AN 11024'39" A DISTANCE OF 590.84 FEET; THENCE TANGENT TO SAID SOUTH 82037'18" WEST 267.33 FEET; THENCE SOUTH 85001'59" WEST 230.C THENCE SOUTH 89055'56" WEST 105.39 FEET; THENCE SOUTH 85001'59 225.41 FEET; THENCE SOUTH 88005'09"WEST 150.21 FEET; THENCE 82059'16"WEST 280.18 FEET; THENCE SOUTH 86047'30" WEST 290.14 FEEl A RADIAL LINE TO SAID POI" BEARS NORTH 6032'10" WEST; THENCE WE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 6041'45" A DISTA 341.43 FEET; THENCE TANGENT TO SAID CURVE SOUTH 76046'06" WES' FEET; THENCE SOUTH 57050'42"WEST 109.67 FEET; THENCE SOUTH EAST 189.76 FEET; THENCE SOUTH 8053'10" EAST 315.65 FEET; THENCE 81006'50" WEST 20.00 FEET; THENCE NORTW 8053'10" WEST 315.65 FEEI POINT ON A TANGENT 242.00 FOOT RADIUS CURVE CONCAVE WESTE RADIAL TO SAID CURVE BEARS NORTH 81006'50"EAST; THENCE NOR': ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 9028'05" A DISTA 39.99 FEET TO A POINT OF COMPOUND CURVATURE WITH A 2029.t RADIUS CURVE CONCAVE WESTERLY, A RADIAL LINE TO SAID CURVE 1 THE PRECEDING CURVE BEARS NORTH 71038'45" EAST FROM THE CENTE CENTRAL ANGLE OF 2016'58" A DISTANCE OF 80.87 FEET TO A P( REVERSE CURVATURE WITH A 510.00 FOOT RADIUS CURVE CONVEX WE! A RADIAL PASSING THROUGH SAID POINT OF REVERSE CURVATURE SOUTH 69021'47" WEST FROM THE CENTER POINT OF SAID CURVE; ' NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 100 POINT ON A NON-TANGENT 2921.59 FOOT RADIUS CURVE CONCAVE SOW I OF SAID CURVE, THENCE NORTHERLY ALONG SAID CURVE THRC @ NO. ' QEE.t>C n 0 0 T' '. .\ .- __ ___ - --- -- -_ BRESSI EASEMENT PAGE 3 OF 3 DISTANCE OF 94.10 FEET TO A POINT OF COMPOUND CURVATURE WlTH A 3 FOOT RADIUS CURVE CONVEX WESTERLY, A RADIAL LINE TO SAID CURVE 1 TO THE PRECEDING CURVE BEARS SOUTH 79056'03" WEST; THENCE NORTHE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 36033'25" A DISTANCI 19.14 FEET; THENCE TANGENT TO SAID CURVE NORTH 70022'56" EAST 97.35 F THENCE NORTH 76046'06" EAST 533.72 FEET TO A POINT ON A TANGENT 29~ FOOT RADIUS CURVE CONVEX NORTHERLY, A RADIAL TO SAID POINT BE NORTH 13013'54' WEST; THENCE EASTERLY ALONG SAID CURVE THROUC CENTRAL ANGLE OF 8015'53" A DISTANCE OF 424.31 FEET; THENCE ALOP TANGENT LINE NORTH 85001'59" EAST 1284.41 FEET TO A POINT ON A TANG 2937.00 FOOT RADIUS CURVE CONVEX NORTHERLY,' A RADIAL TO SAID P( BEARS NORTH 4058'01" WEST; THENCE EASTERLY ALONG SAID CURVE THRO A CENTRAL ANGLE OF 21031'22" A DISTANCE OF 1103.26 FEET; THENCE TANC TO SAID CURVE SOUTH 73026'39" EAST 452.20 FEET TO A POINT ON A TANG 3063.00 FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL TO SAID P( BEARS SOUTH 16033'21" WEST, THENCE EASTERLY ALONG SAID CURVE THRO A CENTRAL ANGLE OF 26057'28" A DISTANCE OF 1441.15 FEET; THENCE TANC TO SAID CURVE NORTH 79035'53"EAST 522.11 FEET TO A POINT ON A TANG 2137.00 FOOT RADIUS CURVE CONVEX NORTHERLY, A RADIAL TO SAID CI BEARS NORTH 10024'07" WEST; THENCE EASTERLY ALONG SAID CI THROUGH A CENTRAL ANGLE OF 14034'07" A DISTANCE OF 543.38 FEET TO TRUE Po INT OF BEGINNING. Said easement containing 210,547.80 square feet, more or less. I t f t t I t f ! i , 1 A__ I '. 0 e ! **' VICINITY MAP LEGEND NOTES INDICATES DESCRIBED DEDICATION LEGAL DEXCRIPTION: A PORTION ( PARCEL 1 OF P.M. NO. 1763 A' PORTION OF LOTS "A", "e" & " RANCHO AGUA HEDIONDA OF MA H HEREON P.O.C. - POINT OF COMMENCEMENT TP.0.B.- TRUE POINT OF BEGINNING P.0.B. - POINT OF BEGINNING A.P.N. - 213-030-16 ( ) - INDICATES RECORD DATA PER AREA OF DEDICATION: PARCEL "A" - PALOMAR AIRPOF 215,864 SO. FT. OR 4.96 AC PARCEL "B" - EL CAMINO REA1 8789 SQ. FT. OR 0.20 AC. P.M. NO. 1763. WALTOR 1 nB-"t0."-b MP DATE c 4pbr cR%\c' SHEET 1 OF 7 SHEETS CITY OF CARLSBAD SCI Security Pacific National Bank as trustee and conservator PR Drawn By D. BERNARD Date Checked By Date for Mary E. Bressi I tn the Citv of Carlsbad Pr - ; I 1 i I i. t' - -x-- ' 8 d 2 U 4 i) &\ 'I lh 5 1 'J d -I 3aa I % i2 3= c3 I 0 z- 0 I s I-"-" APN: 213-030-16 z EG M 0 z 1 I I .. I c KPN -7 L . . - .. J * 213-030-13 . Ai!.4 21d4 1?33 ~ i 1 I I *-,*-.. -**-*.- L **-..-*.-* + CITY OF CARLSBAI SHEET 2 OF 7 SHEETS Drawn By , .. .. .... .e. I. ' t 0 0 '. ,. a\ 0 m > II 5 TO 5" OF 115 11s A Drawn By W.BROWN Checked By - Date 4-14-92 Date for Mary E. Bressi n,t, . Security Pacific National Bank as trustee and conservatc to the City of Carlsbad * t.1 \ ! I : I i I I t I 1 > 4 L -'- I\ . 0 0 Portion of easement in EXHIBIT 'A' hereol U1 (EY MAP' f. 1' SHEET 4 OF 7 SHEETS CITY OF CARLSBAD ! Security Pacific National Bank os trustee and conservator I Drown By W.BROWN Date 4-14-92 Checked By Date for Mary E. Bressi - Approved By Date to the City of Carlsbad I SHEET 5 OF 7 SHEETS Drawn By W.BROWN Date 4- 14-92' ' Checked By Date Approved By Date OF CARLSBAD ~~ S( Security Pacific National Bank as trustee and conservator p1 for Mary E. Bressi - PI ~~ CITY to the City of Carisbad CITY OF CARLSBAD Security Pacific National Bank as trustee and conservator SHER 6 OF 7 SHEETS Orawn By W.BROWN Date 4- 14-92’ Checked By Date for Mary E. Bressi Approved By Date to the City of Carlsbad sc pi PI - (1 0 0 I( -‘ ‘. * \L PM of Mlai Point of Commenceme Portion of easement in EXHIBIT ’A’ hereof I * ”. I True Point of Beginning KEY MAP for easement described herein CITY OF CARLSBAD sc SHEET 7 OF 7 SHEETS Drawn By W.BROWN Date 4-14-92 Security Pacific National Bank as trustee and conservator to the City of Carlsbad Checked By Date for Mary E. Bresst Approved By Date pi - PI ‘ I ’> ” 0 0 CITY of CUUSBXD ENGIXEERING DEPART~IE~T PRELI5ZINARY COST ESTI11fATE WORK SHEET ‘L P.Gt 1 OF 2 WG .VO 311-3 PROJECT TITLE: PALO\l.AR .URPORT ROAD - E.4ST &. EL CAMWO REAL, LOCATION: P.M. STA 59 -00 TO 245 - 15 & ECR ST.4 3 15 -50 TO 354 c33 ESTDI.ATED ay. w BROWN .1( --OM Wrn .?UT 5 T RE ET I Xi P R 0 V E .M EN TS DATE: 2 i 3 : 92 , =-m .NT w) c \lv-yII E.XEI3IT C I 20 I EA I tl0000 I s2.ooo 00 2!00( SF 1 $4 00 1 f8.W 00 I 1-52 IS-IO CUTOFF W,UL TYPE B 143 RL7zR BLAM(FT J SI0000 I 53 200 00 1-54 SLLXRY PLUG mG DW l 321 CY I 1 1720000 I 1-65 1 ADJUST MANHOLE TO GRADE 18 I EA 1 SJOOall I 20 I EA 1 IS0 co 1 ticcoooi 8Sj LF 1 51000 I $850 00 987 I EA I $18 so $16,257 57 I 1-70 ULIXATE FENCE 1 l0000%/ LS j $20.000 00 sz0,m 00 189 1 EA SI8 50 13.4% 50 1-'4 \TRAFFIC CONTROL 1 10000q L.S f170.000 00 fI70.000 00 1-76 IM-9 CONTIBUOUS BARRICADE ?.5 LF $50 00 1 11.20 00 I -n TEMP EXChVATlON~BANKMM 1 19ooo CY 1 $5 50 1 1104,500 00 1 2392 TON $24 00 1 s57.m co 1-80 iTEMP 'K' RAlL (I2 MO WM) ' I5001 LF sa 00 I s69.000 00 , 1-81 ] FIZLD OFFICE. CLASS '8' l0000$( LS u.50000 I $4.500 00 1-82 ITEMP STRIPMG. SlGNMG & ARROW BOARD l0000-q LS $77,500 00 s77.500 00 1-83 IDEMOLEH EGSI'WC BUMDlO 1 100Ooq LS s1o.m 00 s1o.m 00 1-84 ISHEFTING & SHORING 1 3134 I L.F si1 00 f34.471 00 1-85 1 PROJECT SIGNS i 100 COY L.S s3.000m I f3.000 00 1-86 14' PVC CONDUIT 130 1 LF sa 00 1 12.990 00 ~ 1-7 I ' RNAL STRDMG PAD" DELINEATION) 1-72 IYPE '0' REFLECITVE PAVEMENT MARKERS 1-73 ,TYPE 'F-1. REFLECWE PAVEMEM MANEB 1 1-75 IFDIAL SIGNING (PERMANENT) ~10000$1 LS siz.500 a, I f 12.500 00 1-78 I 2' mP ASPHALT CONCRm PAVEMENT 1-79 '4' TEMP CUSS U AGGREGATE BASE 1 4727 1 TON SlS 00 I 570.905 00 ! SUBT07M M.549.906 01 I S414.Zll 56 TOTAL $6,964.187 60 PLUS IS% COWRNGENCY. I 5% PLANCHECK FEE & 4% DJSPECTION FEE i $30 Lso 1 Id 6' ASPHALT CONCm PAWG '00 1 TON i $24 30 I SI6 806 ss so ' $3 so I IS 2u SI 00 SI 600 14931 SF 1 I 8 I HYDROSEED k JLTE HATTING 16001 SF 1 1-7 4' STAMPED CONCRiTE 1-9 l 9' CLASS U ACCjRECiATE BASE 1-10 Ic~~s u AGGREGATE SUBBASE 1013 ' TON I 51s 00 I sis !99 297 1 TON I $24 00 si 128C lzll I TON I slow I 512.510. so ( SI 00 1 I630 C 630 I L F j !MI LF 1 56 00 I 16.276 C 774 1 L F I 56 00 1 $4 644 C , -'SF I SI so I S6.1685 5630 0 11061 I SF I sa u) i 58.424 4 01 TON I $800' 1-1 I RECYCLED AGGWATE BASE 1-12 12' ASPHALT CONCRETE OVERLAY 1-13 SAWCbT EXISTING PAVEMEKT 1-14 $6' TYPE G CLaB dt CUTTER I-IS 6'TYPE El CLaB 1-16 14' KC SIDEWALK 1-17 IHANDICAPPED WP 11 EA I $63000 1 1-19 1200 WATT. 22K LLWEN. STREETLIGKT 21 EA I 1-20 j REMOVE 6r RELOCATE EXT'G STFSETLIGKT 1-18 WOVE & RECOMPACT MT G SUBGRADE I 53,00000 I 56.W 0 01 EA 1 s1.500 00 1 SO a 1 15 cam1 LS I s13o.ma1 j 1 EA 1 ss00 00 I I EA i f4,m00 I 54.000 a 53.000 00 I s3.m a IEA Sl.50000 1 s1.500 013 $50 00 j s4.s00 00 532.500 a ssoo a 1-21 iWRC SIGNAL SYS 0 PARJECR I 1-22 REMOVE MImG CSP WLET 1-23 ITYPE El DJLETtO' WG 1-24 /TYPE F CATCH BASIN I EA IEA $600 00 1 I 5600 cl 75 LF 1 $23 00 j $1.875 00 $80 oo 1 $2.960 oo $12 00 $4.200 00 s3s0 00 $50 00 1 I-ZJ :MODCFED DS~ DEBRIS TUCK 1-26 ,MODM TYPE A-l INLET 1-27 '8' PVC DRAIN PIPE 1-28 1 18' RCP (D I3SO) STORM DIUP( j 90 LF; 1-29 136' RCP (1750-D) STORM Dm 1 37 LF 1-3 1 1 D-75 DRNNAGE DmCH TYPE D ' 3SO L.F 1-32 I ADJUST MANHOLE TO GRME 7€A 1-33 1 RJXCCATE MC SIGN 0 LF ' 1-34 1 RELOCATE FENCE 1-35 mJAL STRIPMG (7.4" DELINMnON) 1 1337% LS 1-36 (TYPE 'G' RE-E PAVEMEKT M- 1-37 TYPE 'F-1' REFL~E PAVEMEKT Mm i 0 EA 1-30 j PPE COLLM 1u $600 00 $600 a, 1 EA $400 00 sa 00 $6 00 so oo 52.800 00 5374 44 70 €A sia so $1.295 al SI8 50 SO oo I I 1 I I I , i I I # , i I I I I 1 4 i I I t I! I I i I 1 I I ! I I I 1 SUBTOTAL 5482.275 19 ' PLUS 15% COKIWGENCY, I 5% PLANCHECK FEE & 4% !3SPECnON FEE 530.503 91 32'88 1 C Y i IS 50 I SI80 324 52148 I SF 1 SI 00 I 8 HYDROSEED br JUTE MATTP(G I 3 8' DU PVC MEDW LANDSCAPE SLEEVE 1 6601 LF I $10 00 152,148 56 633 S14S.851 *406 I TON 1 $10 00 j $44 058 7599 I TON j 58 00 I 160.793 1-10 9' CLASS CI AGGWATE BASE 9723 i TON i 51s 00 I I. 1 I CLASS n AGGREGATE SUBBASE 1-12 RJXYCLED AGGREGATE BASE 1-13 12' ASPHALT CONCRETE OVWY 22 TON r 124 00 ' 5521 ( ~71 LF SI 00 s37 ( I 01 SF 53 00 so( 1-14 ISAWCUT MISTING PAVEMENT ' 1-15 /FCC CROSS CUTER ss 00 1 1-16 18' El MEDM CURB 1 6319 1 LF 1 1-17 16' G CURE & GUlTER ! 01 LF S6 00 , I 0 SF Sl 00 I 01 EA s3.m 00 01 EA s1.500 00 1 000ll LS sao.000 00 1-18 REMOVE mG SIDEWALK 0 SF Sl so SO 40 1-19 '4' PCC smmu 1-20 IREMOVE & RECOMPACT ECT'G SUBGRADE i 203679 S F 1-21 1200 WATT. 22K LL'MEN. STREFTLIGKT 1-22 {REMOVE dr RELOCATE ECT'G STREETTAGKT 1-23 !TRAFFIC SIGNAL SYS a EL-FUERlX 1 SOOolal LS I 24 Iwic SIGNAL sys 0 aumm PK DR I f40.000 00 $3 1,595 ! so ( SO c KJc S81.471 t so c SOC s2o.m c SOC 71 EA $moo! S2.800 C 1-23 STPLET SURVEY MOHUMEM 1-26 ITYPE A CSPWLET I 3 EA s1.m 00 I s3.m a I OM ssoom 1 soa 1-28 /TYPE F' CATCH BASM 4 Mj S3.W 00 I 512.m a 1-29 [TYPE B WLET OM f4.m 00 saa I 71 EA $3.000 00 s21.m a ' 1-31 I4'AC BASM DEPRESSION I 6) EA $loo 00 ma 1-32 ID39 WLET APRON I 01 EA Sl.250 00 soa 1-33 1WG WALL I 01 EA S2JOO 00 moa s3.m a 1-34 /TYPE L' HUSWU I! EA s3.m 00 1-35 1 DOUBLE WCHT HEADWU I 01 EA NIA I soa 1-36 118. RCP DRAIN (1350.0) , UO I L.F 1 SJO 00 1 $12.520 0 1-37 1 I8 CSP Dm (I4 GA) I 4) LF I SJO 00 I sm a 1-27 'RBWOVE EXISTING CSP MLET 1-30 iTYPE A4 CLEANOUT I # L<‘.*’ 0 e -t CITY of CARLSBAD EMGIXE ERING DEPART~IE~T 4 *A * PRELI5IINARY COST ESTIhlATE WORK SHEET DbC .\.0.3 11-3 PROJECT TITLE: P.4LOXta .AIRPORT ROAD - EAST, STREET IMPROVEMEhTS LOC.4TIOS: STATION 100-00 TO STAT-iON L64-66. SOLTHEKy MF PAGk 2 OF 2 ..%DJACENT Ou’NER: BFGSSI RANCH C.II-YJ ll&Wsl e e Y +b \' ** t 4 'VC. CITY of C.AR-LSB;U) ENGWEERING DEPARDE,~ PRELH3iINARY COST ESTIhUTE WORK SHEET DNti .NO. 3 14-3 PROEff TITLE: PAI-OMAR .UWORT ROAD - EAST IMPROCT.VE.'iTS. COhfPlETION OF PALOMAR mORT ROAD BY Buss1 UVCH LOC.Al7ON: ?.a. STA ICO-00 TO 164~66 PXGt 1 OF 2 c*-uw1 E.YIIBIT F 0 e I Q* J -& ' 1 &+A -* CITY of CARLSBAD ENGIiWERING DEPARTMENT PRELI&C[NARY COST ESTIhtATE WORK SHEET DWG NO 314-3 PAGE 2 Ok 2 1 IMPROVEME.NTS. COMPLETION OF PALOMAR AIRPORT ROAD BY BRESSI RANCH 1 PROJECT TlTLE: PALOMAR WORT ROAD - EAST I LOCATTON PAR, STA LOOtOO TO 164+66 GRANDl"AI.1 $1,051,666 97 cupIIwIyIIuV.1