HomeMy WebLinkAboutBressi Trust-Bank Of America NTSA; 1992-07-21;7
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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
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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
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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.
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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
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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
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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)
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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
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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.
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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
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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,
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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
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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
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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
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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.
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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
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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:
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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*
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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
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By() $ fi IT ,_ , &,$-&+- Khth een O'Connor Robertson
BY
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BRESSI RANCH
Exhibit A
1 EXHIBIT "A" 0
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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.
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PERMANENT EASEMENT
FOR ROAD PURPOSES
Exhibit B (Part One)
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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
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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
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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
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TRUSTEE a CONSERVATOR FOR MARY E. BREW
PALOMAR AIRPORT RD. & EL CAMINO REAL
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oat. PALOMAR AIRPORT RD. 8, EL CAMINO REAL
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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
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*
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;
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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. '
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.- __ ___ - --- -- -_
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.
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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
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CITY OF CARLSBAI SHEET 2 OF 7 SHEETS
Drawn By , .. .. .... .e. I.
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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
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Portion of easement in EXHIBIT 'A' hereol
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(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
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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
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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
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E.XEI3IT C
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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
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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
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-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
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1 &+A
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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