HomeMy WebLinkAboutSan Diego, County of; 1981-02-18;6 e @
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SITE ANALYSIS STUDY
City of Carlsbad Proposed Operations Center
Prepared For
City of Carlsbad 1200 Elm Avenue Carlsbad, California
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THIS FILE JUS BEEN FILMED.
STORAGE
TO BE PUT IN
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(HOLDING FOR FULL BOX OF 45 FILES)
Prepared By
Bill MacFarlane
Real Estate Consultant
MacFarlane and Pippin, Associates 4434 Thirtieth Street, Suite C San Diego, California 92116
February 18, 1981
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TABLE OF CONTENTS a
Transmittal Letter .....................
Site Analyses
Site Number 1 .....................
Site Number 2 .....................
Site Number 3 .....................
Site Number 4 ....................
Site Number 5 ....................
Site Number 6 ..................... e
Assumptions and Limiting Conditions .............
Enclos ur es .........................
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8 MacFARLANE and PIPPIN, r,Jsociates
4434 30th STREET, SUITE C SAN Dl EGO, CALIFORNIA 9 2116 0 (714) 280-6470
February 18, 1981
Mr. Frank Aleshire
City Manager City of Carlsbad 1200 Elm Avenue
Carlsbad, CA 92008
Subject:
Re : Contract for Real Estate Consultant Services dated
Proposed Operations Center Site Analysis Study
December 17, 1980
Dear Mr, Aleshire:
This report is being submitted pursuant to your authorization
and under the terms of the Contract for Real Estate Consultan
Services dated December 17, 1980. The opinions set forth in
this report were arrived at subject to the assumptions and limiting conditions attached and contained herein.
The purpose of the site analysis study was to locate suitable sites for the development and operation of a proposed "opera- tions center" facility within a one and one-half (l-l/Z) mile radius of the intersection of Palomar Airport Road and El Cam
Real (within the Carlsbad city limits). It is the consultant understanding that the proposed "Operations Center" site is t
accommodate a central police station, fire training facility,
and a public works yard which would require approximately fif
teen (15) net usable acres. It was also the consultant's
understanding that a site of prime interest to the City of Carlsbad is owned by the County of San Diego and is located
northerly of and contiguous to the Palomar Solid Waste Transf
Station.
Those public agencies having jurisdiction over public improve ment requirements and zoning were interviewed and the informa obtained has been utilized by the consultant in formulating t
data and findings. County staff was particularly helpful in
providing cost data on the development of the Palomar Solid W Transfer Station. Several knowledgeable industrial developme
firms and industrial brokerage firms were interviewed regardi
available sites and asking prices within the study area.
After a thorough investigation of the site study area, the cc
sultant offers for your consideration six (6) sites (Attachme "AA") which offer a variety of development considerations SUC
'
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Bill MacFarlane and Carl Pippin
Dnol Cctitn Rvnl,prr Annrolcnrc anrl pnnr8,ltantf
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Proposed Operations Center
February 18, 1981
as cost, access, community visibility, and site preparation.
Site selection was also limited to those properties that were
presently or capable of being served by essential utilities. These sites were analyzed in the text that follows utilizing the following criteria:
1. Acreage
2. Physical
3. Utilities
4. Public Improvement (Street) Requirements
5. Title
6. Environmental Considerations
7. Estimated Land Value
8. Owner's Position Regarding Sale
9. Zoning
Site Analysis Study a
e 10. Comments
Very truly yours,
S\Q
Bill Mac
Real Estate Consultant
BM/vcf
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SITE ANALYSIS
Site Number 1 a
The following site analysis discloses a cost of approximately
$230,000 to $273,000 to bring subject property up to a "ready
to build" condition.
1. Acreage. Subject property (Exhibit "A") encompasses app
mately 130 acres of which approximately 25 to 30 acres i
capable of functional development and utilization as an
"Operations Center Facility".
2. Physical. Over 100 acres of subject property is burdene
with natural drainage canyons and steep slopes, as shown
on Exhibit "B". The remaining 25 to 30 acres, capable o
development, has an elevation differential of 325 feet t
400 feet. This 75-foot elevation differential produces
as is" slope from the 400-foot high point of 7% to the
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and south, 9% to 13% to the southeast, and 12% to the no
It is estimated that the earth work cost to develop a si
pad with an approximate elevation of 325 feet would rang
from $100,000 to $120,000.
3. Utilities. A ten (10) inch high pressure water main was
structed by the County of San Diego which extends throug
southwesterly corner of subject property and should prov
adequate water service. The County of San Diego also co
structed a sewerage system to serve the Palomar Solid Wa
Transfer Station which required the installation of a "d a
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sewage lift station." The estimated cost of producing a
similar system to serve subject property would be approx
mately $30,000 to $40,000. San Diego Gas and Electric
Company power lines and gas main run along the westerly
line of subject property.
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4. Public Improvement (Street) Requirements. The County of
San Diego constructed a private roadway to serve the Pal
Solid Waste Transfer Station within the confines of Coun
owned property. (See Attachment "BB" .) This private ro
could be extended northerly to serve subject property on
temporary basis. It is the consultant's opinion that th
roadway, as presently constructed, does not meet the Cit
public street improvement requirements. This private ro
enters El Camino Real within 900 feet of the intersectio
El Camino Real with Palomar Airport Road. It is the con
tant's understanding that this does not adhere to the Ci
major street policy.
On the basis of preliminary information obtained from tE
Rick Engineering Company, a proposed major street alignn
would intersect El Camino Real approximately 1800 feet r
of the Palomar Airport Road intersection.
street would serve the Carlsbad Research Center (proposc
Company development), and continue easterly along the nc
boundary of the Costa Real Water District property and t
follow the natural canyon. This portion of the alignmer
been referred to as the proposed "Los Monos Canyon Road
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The proposed
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It is assumed that the City would prefer to develop its
access from the proposed "Los Monos Canyon Road", and WQ
construct approximately 880 feet of roadway to a point o
intersection with County's private roadway. A major por
of the County's private roadway and its intersection wit
Camino Real could be closed, It is estimated that the c
to develop 880 feet of the new major street would range
$66,000 to $75,000, In addition, an access road would h
to be extended at least 900 feet northerly along the wes
line of the County's Palomar Solid Waste Transfer Statio
to serve subject property. It is estimated that the cos
develop the access road would range from $34,000 to $38,
The County of San Diego acquired title to subjec
e
5. Title.
property by Grant Deed from North County Investments, a
Partnership, dated December 6, 1973. Said deed was reco
January 18, 1974, as File/Page No. 74-014190 of the Offi
records (Enclosure No. 1). The County of San Diego acqu
title to approximately 230 acres for a total considerati
$1,500,000 or $6,520 per acre. Subject property (propos
Site 1) is burdened with a trail easement, the Buena Sar:
tion District force main easement, the Los Monos Drive F
road easement, and the terms and conditions as set out i
City of Carlsbad, Conditional Use Permit No. 140.
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6. Environmental Considerations. The preservation of hikin
trails which traverse the natural canyon floors and the
open space zoning appear to be the significant environme a considerations.
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7. Estimated Land Value.
property is being appraised concurrent with the preparat:
of this site study, no value estimate was formulated by i
consult ant.
Due to the fact that the subject a
8. Mer’s Position Regarding Sale. County of San Diego stq
particularly the Airports Division, have consistently re:
an acquisition proposal. County staff has been willing i
entertain a lease proposal for approximately 15 acres of
immediately north of the Palomar Solid Waste Transfer St,
on terms and conditions as set out in the County Board o
Supervisors Policy Number F-34, “Out-Lease of County Rea
Property’’ (Enclosure No. 2).
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9. Zoning. Subject property is zoned 0-S (City of Carlsbad
There is reasonable probability that the‘ 25 to 30 acre p
of high ground could be rezoned to M-Q for government
development.
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10. Comments. This site provides the City with its basic 15
site development requirement and an additional 10 plus a
for future expansion. This is a definite plus factor in
sidering the selection of this site over Sites 2, 3, 4 a
It is the consultant’s recommendation that the entire si
encompassing approximately 130 acres be acquired from th
County rather than leasing the minimum 15 acre requireme
The acquisition of the entire 130 acres would provide th
City with title vesting to a considerable portion of the
proposed Los Monos Canyon Road alignment. a
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The consultant is of the opinion that the following two
factors present site development problems :
A.
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Developing access to a dedicated street which meets
or conforms to the City's intersection standards.
The close proximity of the Palomar Solid Waste Tran
Station and its attendant heavy industrial use.
B.
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Site Number 1
EXHIBIT "A" e
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60-166-82
NOT TOSCALE
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S ITE ANALYSIS e Site Number 2
The following site could be a viable alternative if the City 1
Carlsbad takes over the operation of the Costa Real Water Dis
trict, formerly the Carlsbad Municipal Water District (Exhibi
- "C"), and acquires a triangular parcel on the westerly side o
the CRWD property. This triangular shaped parcel would be
created as a result of the construction of the proposed Los
Monos Canyon Road (Exhibit "D").
1, Acreage. The combination of the CRWD property encompass
approximately six (6) acres and the acquisition of a fou
acre parcel from Beckman Instruments, Inc., would produc
ten (10) acre parcel.
2. Physical. The entire southwesterly boundary of the 10-a
parcel is slightly below the grade of El Camino Real and
slopes gently in an easterly direction from the road.
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3. Utilities. All utilities are available to subject prope
$. Public Improvement (Street) Requirements. It is assumed
the City would prefer to develop its access from the pro
Los Monos Canyon Road and would construct approximately
feet of roadway which would be contiguous to the norther
boundary of subject 10-acre parcel. It is estimated tha
cost to develop 880 feet of the new major street woud ra
from $66,000 to $75,000. It is also assumed that the Ci e
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would complete the additional street widening requiremenl
along the easterly edge of El Camino Real. It is estimal
that approximately 625 lineal feet of additional paving,
and gutter would be constructed at a cost of $20,000 to
$25 , 000.
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5. Title. Beckman Instruments, Inc., a California corporat:
acquired title to the 4-acre parcel by Grant Deed from C<
bad Land Company, a partnership, dated August 11, 1972.
deed was recorded September 28, 1972, as File/Page Numbe
259651 (Enclosure No. 3). The Costa Real Water District
formerly the Carlsbad Municipal Water District, acquired
title to the six-acre parcel by Grant Deed from North Co
Investments, a limited partnership, dated November 8, 19
Said deed was recorded August 3, 1973, as File/Page Numb
73-215694 (Enclosure No. 4). e
6. Environmental Considerations. There does not appear to
any significant or apparent environmental considerations
7. Estimated Land Value. It is estimated that the four-acr
site would cost between $650,000 and $750,000 to acquire
from Beckman Instruments, Inc. If the City of Carlsbad
to pay fair market value for the six-acre CRWD parcel, i
estimated that it would cost $1,000,000 to $1,300,000.
8. Owner's Position Regarding Sale. The consultant was una
to obtain a response from Beckman Instruments, Inc. rega
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the proposed major street alignment (Los Monos Canyon Roc
and its position regarding the sale of the four-acre par(
created by the proposed alignment.
9. Zoning.
The six-acre parcel is zoned R-1-10 (City of Carlsbad).
is reasonable probability that the six-acre parcel could
rezoned to M-Q for government development.
The four-acre parcel is zoned If-Q (City of Carl
10. Comments. The combing of the four-acre parcel and the s
acre parcel is limited in its development utilization du
the existence of major utility easements along the como
boundary of both parcels. It also falls short of the ba
0 15-acre site requirement. An overriding consideration i
the fact that this site would produce a highly visible
operations center development. a
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* Site Number 2
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Exhibit "C" 0
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60-1 66 -82
NOT TDSCALE
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I a Jp :; -- Si~e Number 2 7- ' >* \r4Cj3 -
&. . op bPQ SHELT 4 oF 18) Eyhib .. i t "D" Lr
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G . '' rJov2 5/91 '.'
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SITE ANALYSIS
Site Number 3 0
The following site analysis discloses the fact that subject
property (Exhibit "E") requires a minimum of site grading pre
paration and is capable of immediate development.
1. Acreage. Subject property Exhibit "E") encompasses appr
mately 16 acres.
2. Physical. Over one-half of the 16-acre parcel is level
the remaining portion is gently sloping. The property h
approximately 400 feet of frontage along the southerly 1
of Corte dela Pina within the industrial tract known as
Palomar Airport Business Park.
0 3. Utilities. All utilities are in and available to subjec
property, Electrical facilities are underground.
4. Public Improvement (Street) Requirements. Corte de la F
street improvements are completed and constructed withir
62-foot right-of-way. Subject property has excellent ac
to Palomar Airport Road by way of Yarrow Drive. It alsc
alternate access to El Camino real by way of Yarrow Drit
and Camino Vida Roble. These two streets are fully cons
within a 62-foot right-of-way.
5. Title. San Diego Investments, a general partnership, ac
subject property by Individual Grant Deed from the Wilsc
Mayberry partnership, a general partnership, dated Octo1 a
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1979. Said deed was recorded October 24, 1979, as File/
Page Number 79-445426 of the Official records (Enclosure
No. 5).
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6. Environmental Considerations. There does not appear to 'c
any significant or apparent environmental considerations.
Estimated Land Value. It is estimated that the 16-acre 5
would cost between $2,800,000 and $3,000,000.
7.
8. Owner's Position Regarding Sale. The John Burnham Compar
is the listing broker for subject property.
8. Zoning. Subject property is zoned P-M (City of Carlsbad:
10. Comments. It is the consultant's opinion that this site
affords the City the opportunity to acquire a 16-acre si
which is ready for development and is accessible from ei
Palomar Airport Road or El Camino Real.
the consultant, this site was superior to all other site
analyzed.
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In the opinion
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Site Number 3 w EXHIBIT
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IF . \
7L7 AJJ. 72 -q
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s0.E. WP 279-31-43
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%.at PdUL am nika cmm - Q
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SITE ANALYSIS
Site Number 4 e
The following site analysis discloses the fact that this parcc
(Exhibit 'T"> is capable of immediate development with a model
amount of site grading preparation.
1. Acreage. Subject property (Exhibit "F") encompasses appi
mately 16.65 acres.
2. Physical, Subject property slopes gently toward Camino T
Roble and has approximately 1300 lineal feet of street
frontage.
the present time approximately 100 feet is improved.
3. Utilities, All utilities are in and available to subjec
Camino Vida Roble is a dedicated street and a1
e property. Electrical facilities are underground.
4. Public Improvement (Street) Requirements. Approximately
1200 lineal feet of street frontage improvements remain i
be constructed within the Camino Vida Roble 62-foot righ
of-way. At the present time, subject property has excel
access to El Camino Real by way of Camino Vida Roble, an
access to Palomar Airport Road by way of Yarrow Drive.
the completion of the proposed Camino Vida Roble street
alignment to its intersection with Palomar Airport Road,
subject site would then have excellent access to Palomar
Airport Road.
5. Title. Mitsui Fudosan (USA), Inc, , a California corpora
acquired subject property by a Partnership Grant Deed fr @
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r Palomar Airpor ? Business Park, a general partnership, dat
March 27, 1980, and by Corporation Grant Deed from MB-
Palomar, Inc., a California corporation, dated March 27,
1980. Said Partnership Grant Deed was recorded April 25,
1980, as File/Page Number 80-141033 of Official records
(Enclosure No. 6). Said Corporation Grant Deed was recox
April 25, 1980, as File/Page Number 80-141034 of Officia:
records (Enclosure No. 7). The southwesterly 200 feet o
said parcel is subject to a San Diego Gas and Electric
Company transmission line easement.
be constructed within this area; however, it could be
utilized for open storage, vehicle parking, and landscap
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Structures could no
6. Environmental Considerations. The property lies within
California Coastal Zone and is subject to development re
It should be noted that a -substantial portion of an adja
parcel encompassing approximately 65 acres, also subject
Coastal Commission review, has already been approved for
industrial park development.
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7. Estimated Land Value. It is estimated that the 16.65-ac
site would cost between $2,500,000 and $2,800,000. This
value estimate is based upon the developer completing tl:
Camino Vida Roble street improvement.
8. Owner's Position Regarding Sale. Mr. Bernie Gilmore, re
senting the owner, indicated that subject parcel was be:
planned for further parcelization into smaller industri;
sites. Mr? Gilmore indicated he was not in favor or se a
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subject property as a large parcel. It is the consultant
opinion that the site could be purchased from the present
owner. 0
9. Zoning. Subject property is zoned P-M (City of Carlsbad:
10. Comments. Under the present plan for continued Palomar
Airport Business Park development, a proposed street (La:
Palmas) is to be constructed through subject site to an
intersection with Carnino Vida Roble. Even if the street
were considered essential for traffic circulation, it wo
provide two viable sites.
contain approximately 6.7 net usable acres, and the sout
westerly site would contain approximately 7.2 net usable
acres and 1.6 acres subject to the Gas and Electric Comp
transmission line easement. It is the consultant's opin
that this site could support the proposed operations cen
development as a single or split site.
The northeasterly site would
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Site Number 4 EXHIBIT
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. 25'EA!XMENT FOR PEDESTRIAN6 EQUESTRIAN ACCESS FVRPOSES
rn OPEN SPACE EASEMENT SUBJECT
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So SPECIAL USE PERMIT
8
MAP 8418-CARLSBAD TRACT-NO 73-49-Ul
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SITE ANALYSIS
Site Number 5
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The following site analysis discloses a cost of approximately
$160,000 to $190,000 to bring approximately 20 acres of sub-
ject property (Exhibit "G") up to a "ready to build" conditior
1. Acreage. Subject property (Exhibit I'G'') encompasses ap-
e
proximately 77 acres of which approximately 20 to 30 acre
are capable of industrial park development or utilizatior
as an operations center facility.
2. Physical, Canyon de las Encinas streambed runs through I
middle of the property in a westerly direction. The ownt
developer has prepared a conceptual development plan for
subject property (Exhibit "H") which preserves over 40
acres of hillside slopes, woodland areas and the natural
streambed. It is estimated that site grading would cost
approximately $64,000 to $80,000.
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3. Utilities. An 18-inch sewer main runs through the prope
and all other utilities can be extended to serve said si
It is estimated that the cost of extending water, gas an
electric would be in the range of $80,000 to $100,000.
4. Public Improvement (Street) Requirements. Upon the comp
tion of the street improvement within the dedicated righ
of-way of Camino Vida Roble, subject site will have appr
480 lineal feet of frontage contiguous to the southweste
edge of said street. Due to the topography and configur 9
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of the property capable of development, a certain amount
internal road system would have to be constructed. Upon
the completion of the street im?rovements within the ded
cated right-of-way of Camino Vida Roble, subject propert
would have excellent access to Palomar Airport Road and
El Camino Real. It is estimated that the frontage impro
ment cost applicable to subject property would be in the
range of $16,000 to $18,000.
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5. Title. The Birtcher Business Center - Corporate Palomar
California limited partnership, acquired title to subjec
property by Grant Deed from Birtcher Pacific, a Californ
general partnership, as an undivided one-half interest,
Richard P. Hausman, a married man, as to an undivided on
half interest, as tenants in common, dated January 21, 1
Said deed was recorded January 25, 1980, as File/Page
Number 80-029497 of the Official records (Enclosure No.
A small portion of subject property is subject to a San
Gas and Electric Company 200-foot transmission line ease
The portion affected parallels the 480 lineal feet of ro
frontage. The southwesterly boundary of subject propert
subject to a 50-foot wide San Diego Gas and Electric Corn
transmission easement.
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6. Environmental Considerations. The property lies within
California Coastal Zone and is subject to development re
It is the consultant's opinion that at least 45 acres wo
have to be preserved in its natural state, and that the a
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development plan would have to interface with the existin
streambed and topography. As a single user of the entire
parcel, the City of Carlsbad could develop a very compati
development plan and create an operations environment anc
setting that would be unique.
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7. Estimated Land Value. It is estimated that the 77-acre $
would cost between $800,000 and $1,000,000 on an "as is"
basis.
8. Owner's Position Regarding Sale. The proposed Palomar 0:
development was shown by W. H. Dam and Staff on behalf (
the Birtcher Pacific Development Company.
9. Zoning. Subject property is zoned P-M (City of Carlsbad
0 10. Comments. It is the consultant's opinion that a single
such as the City, could effectively develop this envirorv
sensitive site within the parameters of the Coastal Zone
requirements. The time frame for the completion of Cami
Vida Roble street and utility improvements and that port
of the cost applicable to said site would have to be neg
with the developer of the Palomar Airport Business Park.
City would also have the option of developing usable ind
land beyond its need which could be marketed.
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EXHIBIT "G "
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Site Number 5 0
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760- I66 -0 I -02
4?l -(# $ -93 -0
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137.89 AC
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.e '- .- -* 5 EXHIBI' * Site Number 5 L. r: -J
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SITE ANALYSIS
Site Number 6 a
The following site analysis discloses the fact that subject
property (Exhibit "I") would be difficult to consider as a
possible site due to size and the fact that it is located in t
unincorporated area of the County, subject to County zoning E-
It encompasses approximately 6.55 acres on the westerly side o
El Camino Real and 2.63 acres on the easterly side.
1. Acreage, Subject property (Exhibit "1") encompasses appr
mately nine (9) acres.
2. Physical. Subject property is reasonably level on the ea
side of El Camino Real and level to gently sloping on the a westerly side.
3. Utilities. Water and electrical utilities are available
the nearest sewer main is approximately 1,000 feet northe
of subject property.
4. Public Improvement (Street) Requirements. Subject proper
has frontage on El Camino Real.
opinion that additional frontage improvements would have
be constructed in order to accommodate the proposed operz
center facilities.
It is the consultant's
5. Title. Anthony Bonns and Dicky Bonns obtained title by
Grant Deed as husband and wife as community property frorr
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Henry Silver and Edith Silver, et al., dated April 27,
1976, Said Grant Deed was recorded July 13, 1976 as File
Page Number 76-218512 (Enclosure No. 2).
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6. Environmental Considerations. There does not appear to b
any significant or apparent environmental considerations.
7. Estimated Land Value. In view of the fact that this site
did not meet the basic site criteria, no estimate of valu
has been formulated.
8. Owner's Position Regarding Sale. The owners were not con
tacted regarding their willingness to sell.
9. Zoning. Subject property is zoned E-1-A (County of San L
The 6.55-acre parcel on the westerly side of E 10. Coments.
Camino Real and the 2.63 acres on the easterly side are
presently improved with major greenhouse structures. It
very unlikely that the owner would be willing to abandon
the structures without compensation.
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Site Number 6 EXHIBIT . a
mR-2 R1 1166
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ASSUMPTIONS AND LIFITING CONDITIONS
The opinions and findings set forth in this report were arrivl
at subject to the following assumptions and limiting conditio.
1. It was assumed that title to the six (6) sites was ~
and marketable, subject only to those liens, encumbrances and
easements of record and as would be disclosed in a policy of
title insurance. It is assumed there are no unrecorded encum
brances of any sort which would have a material effect on the
development capability or value of the sites.
2. It was assumed that there were no hidden or unappar
conditions such as subsoil, or sub-surface structures which w
render the sites more or less valuable; no responsibility was
assumed for such conditions or for engineering which might be
required to discover such factors. 0
3. It was assumed that the sites could 3e conveyed fre
and clear of all financial liens and/or encumbrances.
4. No liability was assumed for legal matters, especia
any affecting title to the property.
5. Information, estimates and opinions furnished to th
Consultant and contained in this report were obtained from sc
considered reliable and believed to be true and correct; no
responsibility for accuracy of such items was assumed by the
Consultant.
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6. Any sketches, maps and/or photographic views dis-
played in this report were included for the express purpose of
assisting the reader in visualizing the property; no responsi-
bility for accuracy of these exhibits was assumed. No land
survey of the sites was made by or at the direction of the
C ons u 1 tan t .
7. It was assumed there were no legitimate enviror,ment;
nor ecological reasons which would prevent the feasible and
economic development of the sites to their highest and best
use.
8. It is requested that neither all nor any part of thr
contents of this report (especially any opinions, findings,
recommendations and identity of the Consultant) be disseminat
to the public through advertising media, public relations ned
news media, sales media or any other public means of communic
without prior consent and approval of the Consultant.
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1600 Pdfk HIghwly san D- wornh mol
NC TRANSFEZ TAX DUE
ofFIi:UL RECQRDS SM DIECPCWHIY.U~P. MRtEY F.8Cm f:fCOROEI
MO 5s
a- L
l
I.
. -..->. -* ,-... . - --t -7-w- ."-- .- ------- -. -0
J'
1888
Parcel 73-1315 A (11/27/73) (FCD) tontd
South 10'46'15' !&st fran said Point 'X.; thtmce South 1ET46'15' Yest. 39.50 feet to the center line of said County Road Survey No. 682; thence alom
said cmtar llm South 38'38'25' East. 1047.69 feet to the Westerly protongl- tlon Cf Course No. 3 In the Southerly boundairy of sald Lot 'B' as shom on Record of Survey kp No. 517, flled In the Office of the County Pacorder of hn Dfego County. October 23, 1935; thence along sa,d prolongatlm and said twne No. 3. North 84'34'38' East (Record - North 84.38'00" East) 1892.91 feet to a Ifne which bears South 03*05'0V East from the TRUE POINT OF BE61N- NIN6; thence North 03'05'08' Yest. 5593.11 feet to the TRUE POIR OF BEGINMINI
Panel 2:
An easement for street and highway purposes over that partlon of Lot '8' of Rancho Agua Hedionda, in the City of Carlsbad. County of San Olego, Stab of California. according to Rap thereof No. 823, filed in the Offlce of tha County Recorder of San DIego County. November 16. 18%. describe1 as follows:
Beglnnlng at sald Point 'Y' hereinabove designated In Panel 1, Xing a point on the Northeasterly line of County Road Survey No. 682 (kiown as E? Camlno Real) accordlng to Plat therwf on file In the Office of the County Enjlneer of San Dlcgo County; thence along sald Northeasterly llie South 38 38'25' East. 50.00 feet; thence North 51'21'35' East, 638.00 feat; thence North 38'38'25' West, 30.00 feet; thence South 51°21'35" kst. 610.00 feet to the beglnnfng of a tangent 20.00 foot radius curve. concave Northerlj thence Westerly along the art of sajd curve through a central angle of 90'00'09' a distance of 31.42 feet; thence South 51'21'35" Yest. 8.00 feet to the Point of Beginning.
Thls deed Is made pursuant to an Order of the Court, dated J-~~)- 9 1975 a certlffed copy of whfch Is aitaccled hereto and recrrded concurrently herewl th.
a
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-31-
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. 3 DWcmbar -, 1s- I .-...day d ----___ 6th ' Datdthk. --.-__---_- _-
IJORTH C3U;TY I~iYES-T'EY 2
a -&***$%.
.- I--- -.-. ---..----I ----___._
PU fjv Bert G. Stalford, Gan --- -.---..-_ -------..
- --- --.-_-_-
1890 b STATE OF CALIFORMA.
ClNXTY OFm?a
(k December 6. 1973
7,n
I
3a - .nd sua. ycmruwIpF--d dar .u. k .- a plocar, P116k ia ud fw 4 C-W
5 - aEaTG.w.
PALOMAR AIRPORT E<rcusioa~ .... ...
sm ti:- pxuu m w(h0
Ax bm 01 fad OX* ldDOld M Dd-
comm~s lo wwdrl?m Wro( 4
.a
-..- - - --I .-. -C u.Y*-~ LU ~epl pupcr~y Lurweyw oy me roregomg seen to me mmty of Ssn Me;
a Poiftkal mrporauon. IS. hereby accepted on behalf of ,the Board of Supervisam cd said cO,~nty of San Dk
pursuant to authority conierred by Resolution of said Board adopted on Octaber 12,197l an11 the Grantee a
sen% tn recordation thereof by Its duly authorfted otflcer.
I
Dated ... --.. _..-_-._ ............ ........................ -
@ R J. PFLIMLpf , DsiFi~ ma ' a.m
Y I -- -
a
-33-
Enclosure 2
OUT-LEASE OF COUNTY EAL YROPER'R
To provide general guidance to interested members of the public.
officers and involved staff.as to the underlying principles of ma
public real property under the jurisdiction of the Board of Super
and the multiple objectives of a management program.
The County, in contrast with other public agencies such as the Po
District's tidelands, the City of San Diego Pueblo and utility la
and State and Federal public domain, owns very little real estate
that actually occupied by public facilities such as roads and bui
It is not the County's intent to "warehouse" surplus property, bu
rather through sale return such properties to the private sector
no current or prospective use in envisioned. Nevertheless, from
to time the County has some properties available for pr&vate use
re retained for further public use. Future rights of way or prc cquired for future park development are representative of cases
n interim private use may be compatible with a future public USE
In other instances, the combination of public investment and priv
operation may combine the best aspects of the private enterprise
with the stability and large capital investment available from gc rnent. A concessionaire in a County regional park or a fixed-base
tor at a County airport may provide opportunities of serving the
using these facilities in a more responsive manner and at lower c
than staffing solely by public employees. Achieving these benefi
relationships requires a leasing program with the County as lessc
This out-leasing program is distinguished from the in-leasing prc
where the County is the lessee, covered by Policy F-22.
The need to communicate the basic objectives of this program sugg
that a Board policy statement provide a firm foundation to practl
developed in response to the numerous specialized situations exis
in future rights of way, parks, airports and public buildings.
Tt is the policy of the Board of Supervisors Chat: -
- 34-
OUT-LEASE OF C0UPJT.I REAL PROPERTY
1. Property be sold where no existing or proposed public use is
Speculation regarding appreciation in value or the securing
income through operation of properties for private purposes
not considered appropriate County functions. Therefore, pro
will not be retained merely €or the production of lease reve
Properties held for public purposes will, on occasion, bette
their public use with the assistance of a private tenant. T vate tenant may provide services to the public such as a fix
operator at an airport or a concessionaire in a public build
or County park. A tenant may reduce the County's holding co
providing maintenance and custodial services, protecting a C
asset through a transitional period from our original acquis
until the ultimate County project is undertaken. A County t
may provide income to the County, reducing the County's acqu
and holding costs, offsetting in whole or part the operating
of a County program. It is, for example, a County objective
airports operate in the black" with sufficient income deriv
leasing and other sources, to fully offset the County's out-
2.
I1
title to any property.
criteria of a lease as a sale is preferred if no public purp
served through retaining title other than income production.
The private business opportunity of a lease of County proper
be offered without favor of discrimination to all individual
groups capable of performing the services desired under the
A public solicitation process commensurat:e with the availabl
and interest shall be undertaken.
The implementation of the public soltcitation process shall the discretion of the Uirector, Department of General Servic would always contain a process of direct mail and/or media a tising commensurate with the most effective method of reachi prospective lessees or contractors. The Director, Departmen
General Services, may, for cause, seek a waiver from the Boa any or all of the solicitation processes if not required by
The securing of income is never the
3.
of Policy F-34.
"0
Caty of San Diego, California v
BOARD OF SUPERVISORS POLICY - Policy Number
F-34 OUT-LEASE OF COUNTY REAL PROPERTY
Subject
L
Procedure
Leases of County-owned real property to private interests shall
processed as follows :
1. The Board of Supervisors through the Assistant CAO (Public
and Land Use Area) shall have the responsibility for deterr a County property is available for lease. Upon such deter1
the Director, Department of General Services, shall be res1 €or processing a lease consistent with the County's future for the property. The processing of said lease shall follr
appropriate procedure outlined below.
2. Funding and authorizing of the leasing process shall be or: by the Department of General Services for General Fund pro1
Funding and authorizing of the leasing process for non-Gent
Fund properties shall be originated by the Department havir administrative jurisdiction over the special. fund, such as
& Recreation and Department of Transportation.
3. The Airport Division of the Department of Transportation SI
the principal point of contact with airport lessees and is
shall assist the Department of General Services in identifi
screening, selection of and negotiation with proposed tenar
lessees on airports.
5. The Director, Department of General Scmices, shall determi
appropriate leasing procedure and shaLl process the lease
according to procedure "a ,I' "b ," or "c" below.
a. Lease-with-bid procedure (Government Code 25526).
L
OUT-LEASE OF COUNTY REAL PROPERTY
Policy Number
F-34 i5
W
B/S Action 5-2-78 (8) B/S Action 5-22-79 (150)
.. r'mtcr "I.T......~ ._____ numar .:.tc&.a-- -
4 &Ro'NG REQUESTED BY
-.- __ - ._..----- ....-.-...-
AND nu-r RCCORDW MAIL inis DEED MID. UNUSS
OYl-EWlSi SHOWN ILLOW. MAIL TAX STAT€MChE TO: I w------
tnyrm Ma BUXF uuc=xDRLI mu WsJarrcL
* rl )a "p ,f
IlxBIT *A"
THE LAND RE?&RRED TO Ik THIS ffEPOilt IS SITUATED IN WE STATE Of
THAT CERTAIN POR~ICN of LOT ena Of RANCHO AGUA HEDIONOAI 'N
a f /
CALIFORNIAI COUNTY OF SAN OIEtOt AN0 IS DESCRIBE0 AS F3LLbuS'
THE CITY OF CARLSAD, IN THE COUNTY Of SAN DIEGO, SOATE Cf CALIFORNIA, ACCOROiNG fO PAP THEREOF NO0 823s FILED XN THr
OFFZCE OF COUNTY RECORDER OF SAh DIEGO COUN7Yr NOVEMBER 10s
1896 P DESCRl BED AS FOLLOYS 8
BEGINNING AT THE CORNER or LOTS *c- AND =D= ON THE NORTHERLY
BCJUNOARY LINE OF $AID LOT m8.8 THENCE SOUTH 20-19100m WEST* 2273070 FEET TO AN ANGLE POINTI THENCE SOUTH 20.31'3Om &ST*
2s9i.s~ FEET TO THE NORTHEASTERLY ~IWT OF YAY LINE or counry
ROAD A-flr 60.00 FEET YXDCr &S SHOUN ON RECORD OF SURVEY M4P NO. 5171 FILED IN THE OFFICE OF COUNTY RECOROER OF SAh DIEG7
COUNTYi THENCE COHTlNUlNG SOUTH 23*31'30. WEST TO THE EASTSRLY PROLOKGATZON of YHL COURSE I# THE CENTER LlHE Of SAID COUNIY ROAD HAVING A BEARING UF *SOUTH 80*12~0Qm EASfmS THENCE NORTH
LINE1 THE?KE ALONG SAID CENTER LflEo SOufrO 2lo35'0Om EAST,
SOUTKdESTERLY CORNER Of LAM0 0ESCR:BED IN DEED TO TOP1 Y'ADAI
SAID POINT BEING THE TRUE POINT OF BEGINNIhGl THENCE ALONG
FfET TO THE SOUTHEASTERLY CORI(ER THEREOFI TdENCE SOUTH 10°54100e UEST TO ?HE SOUTHWESYERLY LINE OF SA10 LOT "8.1 THENCE ALONG SAID S0Ut"HWESTERLY LIkE NORTH 39*35'00' WEST BE;kG ALSO THE CENTER LINE OF SAID CWhTY ROAD TO THE TRUE POINT OF BEGINNING.
i
80012'00* WEST# 9.60 FEET TO AN ANGLE POINT IN SA10 CENTER
1263.70 FEET AND SOUIH 38'35'CO" EAST# 715.17 FEET TO THE
RECORDED MAY 18s 19601 SERIES 1s BOOK 19401 FILE NO. 103249.
THE SOUTHERLY LINE OF SAID LAND* NORTH 82*32'Um EAST, 1512.97
I-r pg-
ppt. 1 G.aOr Ib. b22-%
CAAL380 WSI, WAXY, a Putt to I E@ZM 131sTgmaM3, m., a CiSiibni. o~orporo-
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u1 ;;?d
w Q, u1 c* 946985 PACE 1
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Partnarshl -----
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* +3 9 f 6 l4"t. nw. Ih un.lrr.,,nnl. 1 Y4.q I'd.!,. I" ,111 IO, "4, """a?
< f p;:$!:?:%: rI
STATE of C.~LIFORNI.L
rnl?rrY of--- --
h, LT4TE OF f 4I.IYIORSlA
t 01 STY Or -.$an 91~90- - - __ ,I SS.
01 ---Fay 2. 19% -... .-. - . . .__.
____ Lrlm m. thr undn.
COR HOYAIT SEAL OR 8TAYC 2 And \,.e., iC.-I.~~) ,,-,...r.d Bert G. Stalfoxd. .
= - --. .- .-.._-.___.___
-- .- -- --.. __ --_ -. __
PdlliAPil Oli,C[ u
SUI DlLUtRJUW * -
Ltn.. l" 1v
thst r.rru14 thr -iihcn m.wmcni. an4 *Lno-l-dcd to mr tlut
*vh pmwnhap rxrruid tk u1'01.
5 --- -- - - -.__. _.__ - E IO I* . w- . .- o! Ih I..,., I,.,. 01 th *.,,**,(. 2
t
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.. .. .. . .. .. .. .
..
F LOT 'eB'* OF RANCHO AGUA,HEDIONOk,' IN THE C
E OF COUNTY RECORDER OF SAN DIE60 COUNU, N .. -, OED AND OESCRIeEO AS FOLLOWS: .
E OF CALIFORI~IA, ACCORDING TO MAP THEREOF N
a,
.. . .. ..
NORTHWEST CORNER QF.LOT "8- OF SAID wcxo
HEDIONOA, AS SHOWN ON RECORD Of SURVEY HAP NO.. 512, FILED IN
THENCE ALONG THE BOUNDARY OF SAIC LOT AS SXOWII ON SAID HAP NO
OF SAID RANCHO AGUA HEDIONDA; THENCE CONTINUING ALCNG THE BOU
EAST, 2657.96 FEET -RECORD SOUTH.0°32't10" EAST, 2655.20 FEET- . ' POINT 14 OF SAID LOT "8" AS SAID POINT 14 IS DESIGNATED ON SA
MAP NO. 823; THENCE LEAVING SAIO 8OUNOL.RY SOUTH 54O15'33" WES
. 326.48 FEET -RECORD SOUTH 54024' EST, 326.40 FEET; THENCE SO
.OFFICE OF CWNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 3a, 19
SOUTH 890451 EAST, 5173.00 FEET TO THE SOUTHEAST CCRNER.OF LO
e OF S~ID LCT "B*' SOUTH 89053' EAST, 266tt.00 FEET AND SOUTH (101
.. 50°55'35'' WEST, 1788.65 FEET -RECORD SCWTH 51004* WEST, -7813. FEET-; THENCE SOUTH io28*24~* WEST, 787.30 FEET -RECORD SOUTH WFST, 787. IO FEET-; THENCE SOUTH 10046' 15". VEST -RECORD SOUTH
FEET TO AN INTERSECTION WITH A LINE' DRAWN
STANT 30.0) FEET NQRTHEASTERLY, MEASURED A1 HTWESTERLY' LINE OF SP.ID LOT "En, BEIIX; A PC
LY LINE OF COUNTY ROPO SURVEY NO. 682 -KNOW
CDUN'Y ROAD A-13- ACCORDING TO THE PLAl THEREOF ON FILE IN TH OFFICE OF THE COUNTY SURVEYOR OF SAID SAN DIEGO COUNTY; THENC . ALONG SAID PARALLEL LINE, AN0 ALONG SAID NORTHEASTERLY LINE 0
' 38O35' EAST- 100.00 FEET TO THE TRUE POINT OF BEGIN=; THEN
LEAVING SAID PARALLEL LINE NORTH 51O21'35" EAST, 638.00 FEET;
THENCE SOUTH 38O38'25" EAST, 100.00 FEET; THENCE SOUTH SlO21'
682; THENCE NORTH 38O38'25" WEST 100.00 ALONG SAID VOi?TtIEASTE. LINE TO THE TRL'E POINT OF BEGINNING.
.. COUNTY ROAD SURVEY NO. 682, SOUTH 3ao3a*zs*8 EAST, -RECORD sou
WEST, 638.00 FYET TO SAID NORTHEASTERLY LINE OF ROAD SURVEY N,
E fOLLOUlNG. DESCRIBE0 YROPERTY . ..
' PARCEL 2 .
..
AN EASEMENT FOR STREET,ANO HlGHHAY PURPOSES OVER PARCEL DESCRIBED AS FOLLOWS; ..
e
' COMMENCING AT THE INTERSECTION Of THE NORTHWESTERLY LINE
PARCEL NO. 1 WITH THE N0RTHEASTF"LY LINE OF ROAO SURVEY I
NORTHEASTERLY LINE OF ROAO SURVEY NO. 682 TO THE TRUE PO
OF BEGINNING; THEF!CE CONTINUING ALONG SAID NORlHEASTERLY
, SOUTh 38O38'25" EAST 50.00 FEET;.NORTH 51°?1'35" EAST 63;
FEET; THENCE NORTH 38°38'25" WEST, 30.00 FEET; THENCE SO1
CURVE CONCAVE NORMEASTERLY; THENCE NORTHERLY P.NO HESTERI ALONG THE ARC OF SAID CURVE THRU A CENTRAL NIGLE OF 90°01
A DISTANCE OF 31.47 FEET; THENCE LEAVING SAID'CUZVE SOUTI 51°21'3S!' WEST 8.00 FEET TO THE TRUE POINT OF BEGINNING.
682; THENCE SOUTH 38038*2si' EASI 50.00 FEET AL.ONG SAID
S~OZI~~S~I WEST 6io.oa FEET TO A 20.00 FOOT RADIUS TANGEN'
4 'Y
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..
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-43-
w a
conveyed by the deed, datcd Moveobcr 8. ,1971 .
as Gran.or, to CARLSBAD flUHICIPAL WATCR DISTRICT, a Hunlcipal
Water Distrlct organized and exlstjng under the Huniclpal
Water DIstrlct Act of 1911, as amended, is hereby accepted by
order of the Board of Olrectors of CARLSBAD PUNICIPAL WATER
, 1973. and the Grantee OISTRICT on June 6
consents to recordatlon thereof by its duly autharlzed officer.
Dated: June 11 , 1973
CARLSBAD MUNICIPAL WATER DISTRICT
the Board of Directors thereof.
I
1. 1.
.PL7fi. LOT n
bWP BZ3
.. ;h/<-<<> ,.iG-[.<4’ HEfi/<?,vaq
a
e
PLAT c: F PS?WPGRN A-0
A L~M~TEo PARTNE
F%M
NORTW COUMTY 1UVEs-l
-LLr LluC
L07d, #Me. A.M
Ft3R7lOU OF LOT fi, =A’
,AG.UA UEDIONDA. MA6
PPEPAuEn by:
WOOUSIDE/KUBOTA i/?,ssoc.
CO~~UL-TIUC ENGINEE~S
FOR : EXHIBIT CARLSRA D \nu u ICI PAL WALT=% D~GTR 1c7
CARLC’b4D. C~L ic;O QU IA
UfXGU66R 14
_--._. 4 - ~___ _._.--_.- --.--.- .__... Job 1-- 7%-
a’
-45-
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rnPOnutPrrrDRJST~
@a24 923lh’H. e--mm a
_> ~ .
- w I8 aboW
LCAU *r~n mr w r01- use-
IndWUd Grrsnt wed p/p- 3/3- 023
LC up--
TfIE WILSON-IUYBERY PNW!?EFSHIP, a gemdl purtnerdp,
tbc fOlb&g &&Id t~l prom i. & City of Car1-d
Coqd san Dim . stah d Glirdt
Lot 8 of Carlabad Tract Bo. 73-49 (C.C.W. Palomar Airport Buaines8 Park) Unit Ho. 1, in the City of Carlsbad, in the County of san Diego, State of California, accord- to map thereof Bo. 8054 filed in the Offirm of &de County Recorder of San Diego County, DSCU 31, 1974.
a
a
Enclosure No. ! -46-
0 .14 4
Jf " 0
STATE OF cAL4.L . ;.' -5& 8S 1- myor 1
on this 79 day of October, 1979, before =e * UDdaSiPdt mtary Publicad for said county and suer perso-llr appeared WX&M 8. ~~mmy, wn! to mc to be the President of BILL mYBERY PROPERTIES, x~c., the mrporatfon that executed the within in-trwnt IC= to me t~ & the person who executed the w! hin instr'mnt on behalf Of said corporation, said cor
0- of the pahners ofna$ WILSON WAGERY P-db the partnership
that executed the within hcrument, and acknovledged to m8 thar 8UCh corporaticn exeute the sm 1s such partner pursuant to its bylaws c
8 resolution of its Board of Directors and that md pumers3iP executed the sane,
e
ration beUl known to e to h
W1l"ESF my hand ami official seal. &-p+-<2&,:/ AR PUBLlC
b'
[
MY Com;-ssion Expires
8
1 5 ST&= OF CALm Jan E?* m OF d ; 5'
On this S.2 day of October, 1979, before m, the uaderaigned,
a mtsry Publicinand for said County and State, personally appeared
Xm G. WILSON, known to me to be the President of Kw G. WILSON PmPmm, I=., the corporation that executed the within instrumPnt and Lnown to me to be the person who executed the within instrument on benalf of said corporation, said corpration being kncwn to me
to k one of the partners of THE WILSON-MAYBERY PARTNERSEIP, the
partnership that executci the within instrunat, and ackriowldlgd to executed the same as uch partrier pursuant
its bylava or 8 resolution of its Board of Directors and that such putnership executed the same.
' n that such corporation
VITNESS my hand and official seal.
-1
a
&~/.g%d
NO RY PUBLIC ..---..-
My Codssion Expire8
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-47-
RL IMQ RLOULSTCO W 73 t;
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."e ""I" .=CDIDID "1% m
P'Melveny L Kyers 7 - 611 West Sixth Street
z'fttn: Dennis J. Stahl, Esq.
, ... Y. 1.- "
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I *I Los Angeles, California 90017
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c r 1 : r-Hitsui Fudosan (U.S.A.), Inc.
t -611 West Sixth Street . "Suite 2198
sz c*aLos Anoeles, California 95017 -I I r'
-L
- . --. . . ._ DrL?. i?'? 7. p. .~.,- .E: Xi*"-. . 3:
tlhr, ..-\.b\f. r1iLi ;'hi.
ArH (3 11 ;3 !.3 'mi
c. SA# 51~.3 C. :. ;. Clt . VERL L. '.Ti€ RccoaoiR
SPACE ABOVE TH13 LINE FOR IIECOUOEA'S U5C- ,. .,
.' 1 {
',
f
Thr unJcr<ipcd grantorl*) dccl.8rr.l'). . Partnership
Dh.umcnl;,o. Irnn,,rr la, I,
[
(
None (Transfer for, no consideraticn - DlssOlUtiOn)
) computcd on lull \doc ol pnvp-rl) cwnc>d. or
) compulcd on lull \.hc 1c-s \a1~11: ol i.cr.5 .~nl cwumhrdncc- r~nwnq nt tIntc 14 ulc
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: ( ) Vninrnrpr~Icdxra. ( ) TI&) (4 . . . - ,ad
FOR A VALUABLE COhSIDf RATIOS. rciript of xhich I< hcrchy JcLmwIruIt!cd.
Palomar Airport Business Park
general
hrrch! GR4STS Io ,W-Palomar, Inc., a California corporation, as to an unriivided 3/5
interest,. and to Mitsui Fudosan (U.S.A.) , Inc., a California corprat: as to an ufidivided 2/5 interest,
thc ftdlo*mg dcu-nkd :cal prryxRy in lhc counrld San Diego . Staic of Caliiorma
pflner\htp orpnircd uwkr the law ol thr Stale d Calif Ornia
All right, title and interest in and to the real property
described in Exhibit A attached hereto and incorporated hereln by
reference. .
A Ihi, docurncnt is being rcorded by
5r5: Amcriccn Ti1.c Inwroncs Co. a%
on cccmmodi!ion only. If has ncf
.rcen cxoniiircd as to axemtion 01
mpwt on title.
Palomar Airport Businvss ?ark Datcd:. ._ __ - .. - .__ -. __ -
STATE OF CALIFORNIA
COUNTY OF -. -. . . __ .__ . . -
on. .,,d , Nn~y R,Ni in *nJ I'" uiJ SIIIC fwn~ll) arF*rrJ
D, m-iblcrar, Inc., a Callfarrun 0 P.li
seis I * &.lshl, Prcs13mt P3
5y Nltr.il1 F\I;!OS~:, (U.S.z\:), T
\ =5 - . . .- - . . h,q,rcmr :kum,rr. n,G~dtM- iuiez73.(L
- . . -. - . . - _- . - -. - -
a Caliiornia Corpratlon, . - . - - __ - __ .- -. - - - - . -
. . - - . - .- .- - - - . .
.By2-. - &+- Z,-I 01 lk pnnrn of IhC , L-nlomlok
pilrwr\hap th.1 r-ulrd Ik rllhm ~n\tt~c~nl. mnd m<tn.-kJ,rbC-
10 m that %ut. pnwr.h,r, cIccu1cd Ik vm
Wfltit3 my had and olT*ul uil
:,.,J.tator.-,l xa&-sc. vlC
/- President -
1 S,$n.f"rr-. ____ _-.__ - - - -.- - . - -
- - __ __ - .- .. - - . - . - . .- 'C pl.m I 1 ywd m Fnnicd i
c1
J-r
c CI: W
\,,n .,.. I... 4...0,%.6.f"+.-~,
d i 'rille OrJrr Kc - i:'.-n*u 'ir I L>I~ So
MA11 1AX SlATfMtNTS AS DIPfCTED ABOVE - - . - ___ - -. .. - . . . . .
ORDI1*0 REOULSTLO mY 73 \ ii I
I ! 1-0 I*- +CWMB lam. m
i P'Melveny b Myers 1 - 611 West Sixth Street hs Angeles. CalQornia 90017 I '.= I J
r 1
2' Attn: Dennis J.' Stahl, Esq.
a
L
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-Mitsui Fudosan (U.S.A.), Inc. -611 West Sixth Street , . -Suite 2198 900Y i , -2~s hgeles, California
rid?. l!-a'
f ,hil K;,:~,w\.\ ' i I I LE
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SPACE ABOVE THIS LlhE rOR RLCOROCR'S US
;' ir*.-n in nv W. hr n~ 01 rhr PWIO~:. nrPalomnr
i . { Ih.lt rmwrLt lhr uqn*.jm nn,trt,ment .n.l ..Ln,.-tlrjrrJ ," mc
lhrl Ih.1 wrh w.h pvtnrrrh,y ~mp.r.~tn~w CIC,III..! CYC.~I(,I tk ik Y- um .( vrh pznwr and
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. . . Evrdw or t.0317 ><I Tblk Order No. ..- - . . .. .
I ? - .* * 732 I'
LEGAL DESCRI PTl ON
PARCEL 1
LOts 16, 17 and 18 and Lot A of Carlsbad Tract KO. 73-49 (CI
Palomar Airport Business Park), Unit NO. 2 in the City of Carlsbad, County of Sen Dieqo, State of California, accordir
to *lap thereof No. 8418, filed in the office of the County Recorder of San Diego County on Hovcnbcr 19, 1976.
e
I I
!. I
PARCEL 2
Lots 3 to 11, inclusive, of Carlsbad Tract NO. $9-1 in the City of Carlsbad, County of San i)ieqo, State of California,. according to Map thereof No. 9389, filed in the office o€ tf
County Recorder of San Dieqo County on September 26, 1979.
0
2 ! EXHIBIT , "A" '0 I kb uh k 0 0 co
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I ._ - ccrow or I.mn FO TjtIcOrdcr No. . . . - - -
MA)\ TAX SlATEYEN?S AS ~I'EC?FD - *BovE -.-.. ___,,_____ _-----. --- _. - -
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a
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110 ..*.I .*CO.O.D I.L 4 I
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: - C'Nelveny & Xyers
i '
511 West Sixth Street
l"d ,,Los Angeles. Caiifornia 90017
zaLAttn: Dennis J. Stahl, ES~.~
a
--.I ... 1.. "."....I - r I , *.- Psitsui Fulosan (U.S.A.1, Inc.
'.I Suite 2198 : *;rs Anqeles, California 90017, -1
,- 611 Irest Sixth Street
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- SPhCL AE9VC THIS LINE FOR RCCOROCR S USE-
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Corporate
.considerati~n - DissOlUti bCumrnlln tr.n.rrr I.. ,. %-,.E-
Thr undrr-uprd tranlorl*) deciare(.::
( ) computed on full \a:ur of poper~, conrcyed. or
( I ramputrd oa 1.11 \alw IC*. valve of Isms mad rnrumbramcrr rrmainiop -I time al de.
( i L!niiccrpnr.lrd .rei. ( ) C~IY of _. and &'OR A i'Al.l~.4Hi.!~ COSSlDi.RATiON. rcrrtp~ of which i, hwrl? wknoilcdlrd.
Hii-Palonar, Inc.
corpor.tion orpnired mder ihr la-. ol ihr Stnfcd
Mitsui Fuaosan (U.S.A.), Inc., a California corporation
California hcrch) GRAST
the follarinfi drrrriird real pmpn~y in thr
6.W *I San Dieqo ,&.le of C.i4fcN"*.
An undivided three-fifths 13/5) interest in the real pro?erty described in Exhibit A'nttdch'ed here:o and incorporated herein by reference.
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In uilnr-$ nhrrrnf. utd rorp,r.i~~n ha. rm4 81. rorpr.ir name and c.1 10 h- aAld hrrrco rind lha, I,
Ihrrrunto dulr authorid.
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3TATE OF CILIF2RYI4
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Sn.1 .,cr.A Yw.r. I',lhl* mid fr, "id 5.w. pt-w:lr .pw.std
5Pi-n Tshhasni LP..-n
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p--L<r,~nt~ el ib Cotp-~stmn 11.1 r-n*.i*al thr .,, I.rn l~.vvbm+n#. Lo--- 1- -. tn bI s!~ pe~we- -hn r.rruird the
-,nh,n I~~a~~rnini en ,-h.ll 01 11.. I r..~s.*sem ,h,r,n n.nr.4 -0.1 ,,i--iPdr+.l en I- 11 .I .wh Gre..c,-. ..rruird Ihr -,*l,m In*iw -ma pwsraii M 1,. LI I.-. or v.-lw~-- d n. inwd 4 4m-i-
WIlNl.\< my h-nl and offic.*k
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Till? Order No. __ -. - . F..cv*- or 1 %,in Yn - - . - .. . .. . . .
MA11 TAX STATE-MENTS AS DtPICTCD ABOVE - . . -. . .
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Sm Uam. ca., 92069
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TIN an I. dg!&3?L- *o L dC/@
&4u- +Jig - GO -/f
a-..
2:: 1124 31ue Sage
muonnau--r
GRANT DEED - vu mw THE UNDERSIGNED GRAXOR(~) C,ECL*RE(.~ UMEMARI TRANSFER TAX la S. 4S.a- p. - - ir computed 07 IUII value leu~ va1u.a of em o( aumbRIU). mininp a. Uma d Y
COmWled on full ba1u.a of propeny cc nrsyad. a r
I
I
COR A ALUABLE CONSIOERATION. recmpt of rhch o hen by acxnorlrdp6d. HEFd SILER ad m S:?*IER. Y husband and wife, w\Hm SCHAiV and MIA A. SQVW. husband ad trffe, 1
DAVID A. KDM.. a wrrfed man, as his sole and separate propem
AAND 7iizilLE
A subsidiary oi la_~ycr~ Ttlc Insurance (iirporation
of Krhmond Vnrpmo
k is? ; iq +
fm. ..POLICY OF LAND TITLE INSURAN
-~-
. .CO?pITIONS AND STIP a! TIONS (Continued and Concluded From Rcve q e Side of Policy Fam)
and expenses incurred up to the timc of such insured without prior written consent of the property in respect to SUI payment or tender of payment by the insured policy not be issued, and th
claimant and authorized by the Company. In by authorized and empowcr
case loss or damage is claimed under this policy mise or settle in its name
by the owner of the indebtedness secured by the insured to the full extc
the insured mortgage, the Company shall have tained by the Company. I
the further option to purchase such indebted- Company, the insured shal ness for the amount owing thereon together All payments under this policy, except pay- all documents to evidence t
with all costs, attorneys' fees and expenses ment made for costs, attorneys' fees and ex- tion. If the payment does n which the Company is obligatcd hereunder to penses, shall reduce the amount of the insur- such insured claimant, thc
pay. If the Company offers to purchase said ance pro tanto; provided, however, if the owner subrogated to such riahts a
indebtedness as herein provided, the owner of of the indebtedness secured by the insured proportion which said pay such indebtedness shall transfer and assign said mortzage is an insured hereunder, then such amount of said loss, bur suc
indebtedness and the mortgage and any collat- payments, prior to the acquisition of title to be in subordination to an ir era1 securing thc same to the Company upon said estate or interest as provided in paragraph loss should result from any
payment therefor as herein provided. Upon 2(a) of these Conditions and Stipulations, shall claimant, such act shall nc such offer being made by the Company, all not reduce pro tanto the amount of the insur- but the Conlpany. in that
liability and obligations of the Company here- ance afforded hereunder as to any such in- such insured claimant bc rec under to the owrler of the indebtedness secured sured, except to the extent that such payments that part of any losscs inst by said insured mortgage, other than the obli- reduce the amount of the indebtedness secured under which shall rxceed tl gation to purchase said indebtedness pursuant by such mortgage. lost to the Company by rea
to this paragraph, are terminated. ment of the right of subrogz Payment in full by any person or voluntary satisfaction or releasc of the insured mortgage 6. Determination and Payment of Loss shall terminate all liability of the Company 11. Liability Limited to thi to an insured owner of the indebtedness secured by the insured mortgage, except as provided in
Company.
8. Reduction of I~~~~~~~~; ~~~~i~~~i~~~ of Liability
This instrument together (a) The liability of the Company under paragraph 2(a) hereof.
this policy shall in no case exceed thc least of: ments and other instrument: hereto by the Company is th,
(i) the actual loss of the insured claim- 9. Liability Noncumulative contract between the insuri ant; or pany.
(ii) the amount of insurance stated in It is expressly understood that the amount Any claim of loss or daIna
Schedule A, or, if applicable, the of insurance under this policy, as to thc insured based on negligence, and w
amount of insurance as defined in Owner of the ?state or inwrest covered by this thc status of the lien of the paragraph 2 (a) hereof; or policy, shall be reduced by any amount the or of the title to the estate l Company may pay under any policy insuring hcreby, or any actlon asse
If this policy insures the owner of (a) a mortgage shown or referred to in Sched- shall be restricted to the prc the indebtedness secured by the in- ule B hrreof which is a lien on the cstatc or tions and stipulations of this sured. mortgage, and provided said interest covered by this policy, or (b) a mort-
owner is the insured claimant, the gage hereafter rxecuted by an insured which NO arncndmcnt of or en amount of the unpaid principal of is a chargc, or lien on the estate or interest policy can be made esccpt b,
said indcbtedness, plus interest described or referred to in Schedule A, and hcreon or attached hereto si3 thereon, provided such amount thc amount so paid shall be deemed a payment President, a Vice President. shall no: include any additional undcr this policy. The Company shall have the Assistant Secrrtnry, or valil principal indebtedness created sub- option to apply to the payment of any such authorixd rignatory of the C
sequent to Date of Policy, except mortgage any amount that otherwise would be as to amounts advanced to protect payable hereunder to the insured owner of the No payment sha11 be madc
the lien of the insured mortgage estate or interest covcred by this policy and ing this policy for cndorsern
and secured thereby. the amount so paid shall be deemed a payment Inent unlcss the policy br 1 under this policy to said insured owner. in which case proof of such 1 (b) The Company will pay, in addition to shall be furnished to the si
any loss insured against by this policy, all costs The provisions of this paragraph 9 shall not Company.
imposed upon an insured in litigation carried apply to an owner of the indebtcdness secured
on by the Company for such insured, and all by the insured mortgage, unless such insured 12. ~~~i~~~, where sent costs, attorneys' fees and expenses in litigation acquires title to said estate or interest in satis- carried on by such insured with the written faction of said indebtedness or any part thereof.
authorization of the Company. All notices required to be panies and any statement in (c) When the amount of loss or damagc 10. Subrogation Upon Payment or Settlement to be furnished the Compar has been definitely fixed in accordance with dressed I >. to them at the Hom the conditions of this policy, the loss or damage I itle Insurance Company, 133 shall be payable ,within 30 days thereafter. San Diego, California 92101.
7. Limitation of Liability affected by any act of the insured claimant, 13. All refercmces to thc CO fers to the Companies, and Y so requires the singular num plural.
11. THE CH.4RGE SPECIF CLE A4 IS THE ENTIRE TITLE SEARCH, TITLE E
AND T1TLE INSURANCE.
(iii)
\Vhenevcr the Company shall have paid or scttled a claim under this policy, all right of subrogation shall X'cst in the Company un-
except that the owner of the indebtedness se- cured by the insured mortgage may release or No claim shall arise or be maintainable un- substitutc the. personal liability of any debtor der this policy (a) if the Company, after hav- or guarantor, or extend or otherwise modify ing received notice of an alleged defect, lien the terms of payment, or relcasr a portion of or encumbrance insured against hereunder, by the cstate or interest from the licn of the in- litigation or otherwise, removes such defect, surd mortgage, or release any collateral secur- lien or encumbrance or establishes the title, or ity for the indebtedness, provided such act the lien of the insured mortgage, as insured, occurs prior to rcceipt by such insured of no- within a reasonable time after receipt of such tice of any claim of title or interest adverse to notice; (b) in the event of litigation until there the title to the estate or intcrest or the prior- has been a final determination by a court of ity of the lien of the insured mortgage and competent jurisdiction, and disposition of all does not result in any loss of priority of the appeals therefrom, adverse to the title or to the lien of the insured mortgage. The Company lien of the insurcd mortgage, as insured, as shall bc subrogated to and be entitled to all provided in paragraph 3 hereof; or (c) for rights and remedies which such insured claim- liability voluntarily admitted or assumed by an ant would have had against any person or
LdllIUIllld LdllU I II1C fiHISOCI4LIUII
1 , 0 a Standard Coverage Policy Form 1973
POLICY OF TITLE INSURANCE
ISSUED BY &%X - &+ L AND
hwyers Title Insurance Corporation
SUBJECT TO SCHEDULE B AND THE CONDITIONS AND STIPULATIONS HEREOF, L
TITLE INSURANCE COMPANY AND LAWYERS TITLE INSURANCE CORPORATION, Cor
tions of California and Virginia, respectively, herein called the Companies, insure the insured, as of the
of Policy, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and (
attorneys’ fees and expenses, which the Companies may become obligated to pay hereunder, sustained (
curred by said insured by reason of:
1.
2.
3.
4.
Title to the estate or interest described in Schedule A being vested other than as stated therein;
Any defect In or lien or encumbrance on such title;
Unmarketability of such title; or
Any lack of the ordinary right of an abutting owner for access to at least one physically open
street or highway if the land, in fact, abuts upon one or more such streets or highways;
and in addition, as to an insured lender only:
5. Invalidity of the lien of the insured mortgage upon said estate or interest except to the extent
that such invalidity, or claim thereof, arises out of the transaction evidenced by the insured
mortgage and is based upon
a. usury, or
b.
Priority of any lien or encumbrance over the lien of the insured mortgage, said mortgage being
shown in Schedule B in the order of its priority; or
Invalidity of any assignment of the insured mortgage, provided such assignment is shown In
Schedule B.
any consumer credit protection or truth in lending law;
6.
7.
IN WITNESS WHEREOF, the Companies have caused this Policy to be signed and sealed, to become
when countersigned by an authorized signatory of the Companies, as of Date of Policy shown in Schedule
CONDITIONS AND STIPULATIONS
1. Definition of Terms insuring or guarantecing the indcbtedncss se- nccessawy or desirable to csti cured by the insured mortgage Aftcr any such the estatc or intcrcst or the 1i acquisition the amount of insurance hereundcr, mortgagc, as insured; and tk exclusive of costs, attorneys’ fees and expenscs take any appropriatc action, which the Company may be obligatcd to pay, shall be liable under thc tcrl and shall not thereby conccdc “insured”: the insured named in Schcd. shall not excecd the least Of: any provision of this policy. ule A, and, subjcct to any rights or dcfenses thc Company may havc had against the named sc~~~ul;h;~ amount of insurance stated in (d) Whenever the Com
brought any action or intcrp insured, those who succeed to t.hc intcrest of rcquirccl or permittcd by thc such insurcd by OiJeration of law as distin- the amount of thc unpaid principal of l,olicy, th(: Company i~ay Pished from Purchase including, but not thc indebtedness plus interest rhcreon, as dctcr- litigation to final tiererininatl limitcd to, hcirs, distributccs, devisees, surviv- minded under paragraph 6(a) (iii) hereof, ex- competcnt jurisdiction and c ors, personal rcprescntativcs, next of kin, or penses of forec~osurc and amounts advanccd to the right, in its sole discrctior corporate Or fiduciary SUCCeSsorS. The term protcct the lien of the insured mortgage and any advcrsc judgment or ordc ”insured” also includes (ij the owner of the secured by said insurcd mortgage at thc timc (c) In all cases whcre th indebtcdness securcd by the insurcd mortgage of acquisition of such estatc or intcrcst in thc or requires the Company to ’ and each successor in owncrship of such in- land; or vidc for the dcfcnse of any a debtedness (rcscrving, however, all rights and defenses as to any such successor who acquircs (iii) the amount paid by any governmental ing) the insurf‘ hcrcunder ’’
the indcbtedncss by operation of law as de- agency or instrumentality, if such agency or Company the right to so pro
scribcd in thc first scntencc of this subpara- instrumentality is the insurcd claimant, in ac- dcfcnsc in such “lion Or I’rc
graph (a) that the Company would have had quisition of such estate or intercst in satisfac- apl”als use, at its thercin~ option, and the namc permit of
such purposc. M’henevcr rcque asamst the successor’s transferor), and further tion of its insurance contract or guaranty.
pany, such insured shall aiv includes (ii) any governmental agency or in- (b) Continuation of Insurance after strumentality which is an insurer or guarantor at the Company’s expense, a under an insurance contract or guaranty insur- (1) in any such action or pro ing or guaranteeing said indebtedness, or any part thereof, whcthcr namcd a,s an insured The coveragc of this policy shall continue ing settlement, sccurina cvi herein or not, and (;;;I the parties desisnated in force as of Date of Policy, in favor of an witnesses, or i3rosccutins or CI
in paragraph 2(a) of these conditions ar;d insured so long as such insurcd retains an estatc Lion Or proceeding, and (2 or interest in the land, or owns an indebtcd- which in the opinion of thc Stipulations. ness securcd by a purchasc money mortgage necessary or desirablc to i:
(b) “insured claimant”: an insured claim- given by a purchaser from such insured, or so the cstatc or intcrcst or thc li(
ing loss or damage hereunder. long as such insured shall havc liability by mortpagc, as insured, includin! reason of covenants of warranty madc by such to executing corrcctivc or othc (c) “insured lcndcr“: thc owner of an in- insured in any transfcr or convcyance of such surcd mortgagc. cstate or interest; providcd, howcver, this policy shall not continue in force in favor of any pur- (d) “insured InortSaSe”: a m()rtgaSC shown chaser from such insured of either said estate in Schedule B, the owner of which is named or interest or the indebtedness secured by a as an insurcd in Schedulc A. purchase money mortgagc given to such in- I~ addition to thc notices
(e) “knowledge”: actual knowledge, not wred. Paragraph 3(b) of thesc Cond constructive knowledge or notice which may lations, a proof of loss or dar be imputed 10 an insured by reason Of any sworn to by the insured c.laim; ished to thc Company within public records. insurcd claimant shall ascert; “land”: the land described, spccifically thc facts giving risc to such or by rcfcrence in Schedule A, and improvc- Such proof of loss or damage ments affixed thereto which by law constitute (a) The Company, at its own cost and dcfcct in, or lien or cncurnbr: real property; provided, howcvcr, the term without undue delay, shall providc for the de- or other mattcr insured again
“land” docs not include any area cxcluded by fcnse of an insured in litigation to the extent which constitutes the basis of Paragraph No. 6 of Part I of Schcduic B of that such litigation involves an alleged defcct; and, whcn appropriatc statc I this Policy. lien, cncumbrancc or other mattcr insured culatina the amount of such lo against by this policy. (9) “mortgagc:”: mortgagc, deed of trust, Should such proof of loss 01 trust deed, or other security instrument. promptly in writing (i) in case of any litiga- dcterminc its liability hrrcundc :public records”: thosc records which tion as set forth in (a) above, (ii) in case ant, at the written rqucst of
bY law impart cc~nstructive notic:e Of matterS knowledge shall come to an insured hcrcundcr furnish such additional inforrna of any claim of title or interest which is ad- sonably be ncccssary to make relating to the land.
versc to the title to the estate or interest or tion. 2. (a) Continuation of Insurance after thc lien of the insurcd mortgage, as insured, and which might cause loss or damagc for 50 right of action shall a( which the Company may be liable by virtue claiinant until 30 days aftcr SL
of this policy, or (iii) if title to the estate or or danlagc shall have bccn fu
intcrest or thr lien of the insured mortgage, as
insured, is rejectcd as unmarkctablc, If such Failure to furnish such pro01
prompt notice shall not bc given to tllc corn- agc shall tcrnliildte any liabili pany, then as tO such insured all liability of ]>any undcr this ]policy as to SI
the company shall ceaSe and termindtc in rc. we
gard to thc ma,ter or matterS for which sLlch prompt notice is rcquiredl provided, however,
that failurc to notif?. shall in no caSc prejudice 5.
unless the company shall be prejucliced by such failurc and then only to Lhc CXtent of such prejudice,
Thc Company shall havc thc right at
dclay prosccutc any action or procccdinp or to do any othcr act which in its opinion may be
The following termS whcn useti in this poiicy mcan:
(a)
(iij
Conveyance of Title
4. Proof of LOSS Or Danlage Limitation of Action
3. Defense and Prosecution of Actions- Notice of Claim to be Given by an Insured Claimant (f)
(b) Thc insured shall notify the Company state facts sufficient to enable
(h)
Acquisition of Title by Insured Lender
If this policy insurcs the owner of the in- dcbtedncss securcd by the insured mortgagc, this policy shall continue in force as of Datc of Policy in favor of such insured who acquires all or any part of the estate or intercst in the land dcscribcd in Schedulc A by foreclosure,
trustee’s sale, conveyance in lieu of foreclosure, Options to Pay or Otherwi and Options to Purchase I;
lien of the insurcd mortgage, and if such in- surd is a corporation, its transfercc of the es- Ihe Company shall liav,. thl tate or intcrcst so acquired, provided thc trans- or othcrwisc scttlr for or in t fercc is the parent or wholly owned subsidiary insured claimant any claiin ins of such insured; and in favor of any govern- to tcrminatc all liability and 01 mcnta! agency or instrumcntality which ac- its own cost to institutc and without unduc Company hcrcundcr by payin
quires all or any part of thc cstaie or interest payinrnt of Ihr anlount of insui pursuant to a contract of insurancc: or guaranty policy togcthcr with any costs
Or other lcSal manner which discharscs thc the rights of any such insured under this policy ..
(c)
(Conditions and C ,lations Continued and Concluded on Last I’agc ‘his Policy)
1
33 2 4 8 2-1
Form No. 1000-3 10/73 I 0 * CLTA Standard Coveragk Policy Form 1913
SCHEDULE B
This policy does not insure against loss or damage, nor against costs, attorneys’ fees or expense! any or all of which arise by reason of those matters shown in Parts I and I1 of this Schedule:
PART I:
1. Taxes or assessments which are not shown as existing liens by the records of any
taxing authority that levies taxes or assessments on real property or by the public records.
Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the
public records.
2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof.
3. Easements, liens or encumbrances, or claims thereof, which are not shown by the
public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the
public records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water.
6. Any right, title, interest, estate or easement in land beyond the lines of the area specifically described or referred to in Schedule A, or in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing in this paragraph shall modify or limit the extent to which the ordinary right of an abutting owner for
access to a physically open street or highway is insured by this policy.
7. Any law, ordinance or governmental regulation (including but not limited to build-
ing and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or reduction in the dimensions or area of the land, or the effect of
any violation of any such law, ordinance or governmental regulation.
8. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records.
9. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not shown by the public records and not otherwise excluded from coverage but known to the insured claimant either
at Date of Policy or at the date such claimant acquired an estate or interest insured
by this policy or acquired the insured mortgage and not disclosed in writing by the
insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had been a purchaser or encumbrancer for value without knowledge.
(Part I1 on following page)
e 0
NO.: 332482-R - Page 3
Schedule B, Part 11:
1. Secured property taxes, a lien not yet payable, for the fiscal ye<
1982-1983.
2. The right of James Kelly, Robert S. Kelly, Ellen K. Hall, Alice 1
Morrison and Lillie Kelly Ortega, and their respective successors ai
assigns, to use all roads and rights of way then existing or travel1
over and across any portion of the property herein described, togethi
with the right and easement to install any poles, wires, pipes I
similar utility structures over and along any or all of such rights I
way, as granted by deed dated March 26, 1936 and recorded July 29, 19
in Book 541, Page 244 of Deeds.
3. An easement for gas pipe lines and incidental purposes over sa
land, as granted to the San Diego Gas and Electric Company, by de(
recorded January 18, 1937 in Book 613, Page 126 of Official Record!
The route thereof across said land is more particularly described i
f 01 lows :
Beginning at a point on the East line of said Lot "B" distant therec
36.73 feet Northerly from the Southeast Corner thereof; thence from sa Point of Beginning South 87"21'00"West, 18.75 feet; thence Sou,
79"45'00" West, 1771.50 feet; thence North 73"10'00" West, 1728.30 fee
thence South 85"30'00" West, 3058.45 feet; thence North 37"51'00" Wes
1187.25 feet; thence South 7O01O13O1' West, to the Westerly line of sa
Lot "B".
Affects Parcel 2.
4. A right of way, 60.00 feet wide, and incidents thereto, for pub1
highway purposes over a portion of said land, known as El Camino Rei
and being a portion of County Road Survey No. 682 (County Road A-12), i
granted to County of San Diego by deed recorded August 21, 1940 in Bo( 1054, page 360 as File No. 42295, by deed recorded October 2, 1940 :
Book 1075, page 403 as File No. 51256, and by deed recorded June 1
1943 in Book 1516, page 79 as File No. 34463, all of Official Record:
Said instrument additionally grants the privilege and right to extei
drainage structures and excavation and embankment slopes beyond tl
limits of the above described right of way where required for tl
construction and maintenance thereof.
Subsequently by a Resolution of the County of !;an Diego, passed ai
adopted by the Board of Supervisors of San Diego County on November 1:
1974, a copy of which was recorded November 14, 1974 as File Nc 74-301818 of Official Records, that portion of said County Road Survc
No. 682, 60.00 feet wide, lying Easterly of the Easterly line of Coun
Road Survey No. 1800-1, 126.00 feet wide, a copy of which is filed :
the office of the County Surveyor of San Diego County and lying with
that certain portion of said Lot "G" as described in deed to County (
San Diego recorded April 3, 1974 as File No. 74-083015 of Offici:
Records, was vacated and abandoned as a public higlnway.
I. 0 0
NO.: 332482-R Page 4
Said Resolution excepts that portion of County Road Survey No. 682 lyi
Northerly and Northwesterly of a 50.00 foot radius curve conca Southeasterly, the Southwesterly terminus of said curve being its poi
of tangency with the Easterly line of said County Road Survey No. 1800.
(126.00 feet wide) and the Northeasterly terminus of said curve being I
its point of tangency with a line that is parallel with and dista 63.00 feet at right angles Southerly, from the center line of Coun
Road Survey No. 757, as described in easement granted to County of S Diego by deed recorded October 2, 1940 in Book 1069, page 456 as Fi
No. 51254 of Official Records, reference being made to said Resoluti
for further particulars.
Affects Parcel 2.
5. An easement for road and utility purposes and incidents thereto .
granted to the Carlsbad Municipal Water District by deed recordc
December 27, 1961 as file No. 222199 affecting said 60.00 foot strip (
land lying Southwesterly and Northwesterly of the following describt
line :
Commencing at Point "X" designated in Parcel 1; thence along tl
boundary of said Parcel 1 as follows:
South 73'43'45" East, 232.43 feet and South 38'38'25" East, 341.96 fet
to the TRUE POINT OF BEGINNING; thence South 38'38'25" East, 160.(
feet; thence South 51'21'35" West, 668.00 feet to the Southwesterly liI
of said Lot "B".
Affects Parcel 2.
6. An easement as granted in deed recorded August 3, 1973 as File Nc
73-215695, for road and utility purposes over, under, upon and across continuous strip of land 60.00 feet of even width located within Lot "I
of RANCHO AGUA HEDIONDA, in the County of San Diego, State I
California, according to Map thereof No. 823, filed in the Office of tl
Recorder of San Diego County, November 16, 1896, said 60.00 foot str.
of land lying Southwesterly and Northwesterly of the following describe
line :
Commencing at Point "X" designated in Parcel 1; thence along tE.
boundary of said Parcel 1 as follows:
South 73'43'45" East, 232.43 feet and South 38'38'25" East, 341.96 fee
to the TRUE POINT OF BEGINNING; thence South 38'38'25" East, 160.C feet; thence South 51'21'35'' West, 668.00 feet to the Southwesterly lir
of said Lot "B".
Affects Parcel 2.
7. An easement for gas pipe lines and incidental purposes over sai
land, as granted to the San Diego Gas and Electric Company, by de€
recorded August 26, 1974 as File No. 74-231498.
\
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Nc. : 332482-R Page 5
The route thereof across said land is more particularly described a
f 01 lows :
That certain strip of land 15 feet in width, lying adjacent to
contiguous with and Northeasterly of the following described line
Commencing at Corner No. 4 of Lot "G" of said Rancho Agua Hedionda, sai
corner bears North 79"36'00"East (Record - North 7'9"ZO'OO" East per Ma
No. 823) from Corner No. 5 of said Lot "G"; thence North 51°25'00'1 Eas
31.60 feet; thence South 38"35'00" East 163.79 feet; thence Nort
51"25'00" East 30.00 feet to a point on the Southwesterly line of tf
land conveyed to Carlsbad Municipal Water District by deed recorde
December 27, 1961 at Recorder's File No. 222199 of Official Records
said point being the TRUE POINT OF BEGINNING of the line herei
described; thence along the Southwesterly line and its Southeaster]
prolongation South 38"35'00" East, 300 feet.
Said deed contains certain limitations upon the use of that portion c
the herein described land lying within said easement.
Affects Parcel 2.
8. A right of way for use as a public highway over a portion of sai
land, being a portion of County Road Survey 1800-1, on file in tf
office of the County Surveyor of San Diego County, as disclosed k
Resolution of the County of San Diego, a copy of which was recorde November 14, 1974 as File No. 74-301818 of Official. Records.
ALSO, any privilege and right which may exist to extend and maintaj
drainage structures and excavation and embankment slopes beyond tk
limits of any portion of County Road Survey 1800-1 which crosses sai
land where required for the construction and maintenance thereof, as SE
forth and described in deed to County of San Diego recorded July 1C
1970 as File No. 121185 of Official Records, and :in various other deec
of record.
Affects Parcel 2.
9. An easement for gas pipe lines and incidental purposes over saj
land, as granted to the San Diego Gas and Electric Company, by de€
recorded July 29, 1975 as file No. 75-197823.
The route thereof across said land is more particularly described s
f 01 lows :
A strip of land 15 feet in width the centerline of which is described i
f 01 lows :
COMMENCING at Corner No. 4 of Lot "G" of said Rancho Agua Hedionda, saj
corner bears North 79"36'00" East (record North 79"20'00" East) frc Corner No. 5 of said Lot "G"; thence North 51"25'00" East, 31.65 feel
thence South 38"35'00" East, 163.79 feet; thence North 51°25'00'' Easl
45.50 feet to a point on a line that is parallel with and 70.50 fec
Northeasterly of the new centerline of El Camino Real as shown on Roz
a, ,' a 0
NO. : 332482-R Page 6
Survey No. 1800-1, on file in the Office of the County Surveyor of sai
County of San Diego, said point being the TRUE POINT OF BEGINNING of tf centerline herein described; thence along said parallel line and it
Southeasterly prolongation, South 38'35'00" East 1,150.00 feet.
Said deed contains certain limitations upon the use of that portion c
the herein described land lying within said easement.
Affects Parcel 2.
10. An easement and right of way for the transmission and distributic
of electricity, together with the right of ingress thereto and egres
therefrom, upon, over, under and across said land as granted to the Sz
Diego Gas & Electric Company in deed recorded June 12, 1979 as File Nc
79-241682.
Said easement and right of way in said land is described as follows
A 6.00 foot wide strip being 3.00 feet on each side of a line describe
as follows:
COMMENCING at Engineer's Station 329+50.00 in El Camino Real, Roz
Survey 1800-1 on file in the County Engineer's Office of said Count:
thence North 38'22'25'' East, 480.00 feet to the beginning of a tanger
350.00 foot radius curve, concave Westerly; thence Northerly along tl
arc of said curve through a central angle of 81'50'49", a distance c
499.97 feet; thence tangent to said curve, North 43'28'24'' West, 172.2
feet to the beginning of a tangent 350.00 foot radius curve, concal
Easterly; thence Northerly along the arc of said curve through a centr: angle of 54'45'22", a distance of 334.49 feet; thence tangent to sa:
curve, North 11°16'58" East, 63.31 feet; thence North 4'23'02 Wesl
184.00 feet to the TRUE POINT OF BEGINNING; thence South 69'40'02" Easl
117.00 feet; thence South 56'36'22'' East, 102.00 feet; thence Soul
36'21'22" East, 123.40 feet; thence South 71'00'02'' East, 120.00 feel
thence North 65'41'16" East 78.80 feet to the POINT OF TERMINUS.
Said deed contains certain limitations upon the use of that portion (
the herein described land lying within said easement.
Affects Parcel 2.
11. An easement over said land for communication structures ai
purposes incidental thereto as conveyed to The Pacific Telephone ai
Telegraph Company, by deed recorded August 21, 1979 as File Nc
79-350469.
The location of said structures is more particularly described in sa:
deed as follows:
A 24.00 foot wide strip, the Westerly line of said strip being describt
as follows:
BEGINNING at Engineer's Station 329+50.00 in El Camino Real, Road Survt
1800-1 on file in the County Engineer's Office of said County; thenc
a 0
NO. : 332482-R Page 7
North 38'22'25" East, 480.00 feet to the beginning of a tangent 350.(
foot radius curve, concave Westerly; thence Northerly along the arc c said curve through a central angle of 81'50'49", a distance of 499.'
feet; thence tangent to said curve, North 43'28'24" West, 172.23 feet 1
the beginning of a tangent 350.00 foot radius curve, concave Easter11
thence Northerly along the arc of said curve through a central angle t
54"45'22", a distance of 334.49 feet; thence tangent to said cum(
North 11'16'58" East, 519.31 feet to the POINT OF TERMINUS.
Said deed contains certain limitations upon the use of that portion I
the herein described land lying within said easement.
Affects Parcel 2.
12. An easement and right of way as granted to Carlsbad Municipal Watt
District in deed recorded August 22, 1979 as File No. 79-352199 for tl
installation, construction, operation, maintenance, repair, replacemen,
and reconstruction of water lines upon, through, under, over and acro! a 24.00 foot wide strip, the Easterly line of said strip being describt
as follows:
BEGINNING at Engineer's Station 329+50.00 in El Camino Real, Road Sunn
1800-1 on file in the County Engineer's Office of said County; them North 38'22'25" East, 95.00 feet to a point hereinafter referred to i
Point "A"; thence continuing North 38'22'25" East, 385.00 feet to tl
beginning of a tangent 350.00 foot radius curve, concave Westerl:
thence Northerly along the arc of said curve through a central angle (
81"50'49", a distance of 499.97 feet; thence tangent to said curve Nor,
43'28'24" West, 172.23 feet to the beginning of a tangent 350.00 foc radius curve, concave Easterly; thence Northerly along the arc of sa:
curve through a cental angle of 54'45'22", a distance of 334.49 fee,
thence tangent to said curve North 11'16'5811 East, 81.31 feet to a poi]
hereinafter referred to as Point ctBcll thence continuing North 11 '16'51 East, 129.00 feet to a point hereinafter referred to as Point "C'
thence continuing North 11'16'58" East, 343.00 feet to a poi1 hereinafter referred to as Point "D"; thence continuing North 11'16'51
East, 135.00 feet to a point hereinafter referred to as Point "E'
thence North 11'16'58" East 6.00 feet to the POINT OF TERMINUS.
ALSO, those portions of the following described 6.00 foot wide stril
lying outside the aforedescribed 24.00 foot wide strip, said 6.00 foc
wide strips lying 3.00 feet on each side of the following describt
lines :
BEGINNING at aforesaid Point "A". , thence North 51'37'34" West, 45.(
feet to the POINT OF TERMINUS.
BEGINNING at aforesaid Point "B". , thence South 78'43'02" East, 35.1
feet to the POINT OF TERMINUS.
BEGINNING at aforesaid Point "C"; thence South 78'43'02" East 35.00 fec
to the POINT OF TEMINUS.
.. 0 0
NO. : 332482-R Page 8
BEGINNING at aforesaid Point "D"; thence South 78'43'02" East, 35 .(
feet to the POINT OF TERMINUS.
BEGINNING at aforesaid Point "E"; thence North 78'43'02" West to t;
Westerly line of aforedescribed County of San Diego land.
Affects Parcel 2.
13. An easement and right of way and incidents thereto for a pub1
highway as granted to the City of Carlsbad, California in deed record]
September 6, 1979 as File No. 79-373667 upon, over and across tho
portions of Lot B of Rancho Aqua Hedionda, according to Map thereof N
823, filed in the Office of the County Recorder of said County of S
Diego, described in deed to the County of San Diego, recorded January 1974 at Recorder's File/Page No. 14190 of Official Records of sa
County of San Diego, described in the following parcels:
Parcel 1:
That portion lying Southerly of a line that is 63.00 feet Northerly
and parallel with the centerline of Palomar Airport Road, Road Surv 757 on file in the County Engineer's Office of said County and lyi
Northerly of the Northerly line of existing said Palomar Airport Roa
Parcel 2:
That portion lying Westerly of a line that is 63.00 feet Easterly of a
parallel with the centerline of El Camino Real, Road Survey 1800-1
file in said County Engineer's Office and lying Easterly of the Easter
line of existing said El Camino Real Road.
Affects Parcel 2.
14. An easement and right of way for road purposes as granted to Cos
Real Municipal Water District in deed recorded September 23, 1980 q File No. 80-308474, over that portion of Lot "Bft of Rancho Ag
Hedionda, in the County of San Dieog, State of California, according
Map thereof No. 823, filed in the Office of the County Recorder of Sq
Diego County, lying between the Southeasterly and Northeasterly lines
Record of Survey No1 7845, filed in the Office of said County Record1
and a line described as follows:
COMMENCING at the most Southerly corner of said Record of Survey N
7845; thence South 51'47'58'' West, along the Southwesterly prolongati
of the Southeasterly line of said Record of Survey No. 7845, a distan
of 55.00 feet to the centerline of Road Survey No. 1800-1, a plat I
which is on file in the Office of the County Engineer of said Count:
thence South 38'12'02" East, along said centerline 141.28 feet to t'
TRUE POINT OF BEGINNING; thence leaving said centerline, North 38'22'2
East, 480.00 feet to the beginning of a tangent 350.00 foot radius cur concave Westerly; thence Northerly along the arc of said curve through
central angle of 81'50'49'' a distance of 499.97 feet; thence Nor
43'28'24'' West, 115.00 feet; thence Southwesterly in a direct line to
point distant South 73'17'22" East, 231.59 feet from the most Norther
L. 0 0
NO. : 332482-R Page 9
corner of said Record of Survey Xap No. 7845, said point being the POI
OF TERMINIUS.
INCLUDING that portion of Record of Survey No. 7845, lying between sa
350.00 foot radius curve and a line that is 24.00 feet Westerly of a concentric with said 350.00 foot radius curve.
EXCEPTING therefrom that portion lying within Road Survey 1800-1, a pl
of which is filed in the Office of the County Engineer of said Count
Said deed contains certain limitations upon the use of that portion the herein described land lying within said easement.
Affects Parcel 2.
15. An assignable easement and right-of-way as reserved in de
recorded June 30, 1982 as File No. 82- Po 15 6 &or the use and benefit the public, for the free and unobstructed passage of aircraft i
through, and across all the air space above a plane herein known as t
Inner Horizontal Surface which is established at an elevation of 478.
feet above Mean Sea Level based on North American Datum of 1929.
Said deed contains certain limitations upon the use of that portion
the herein described land lying within said easement.
-------------------
yT: i-- .. 9 0
1. .
PARCEL 1:
That portion of Lot "B" of Rancho Agua Hedionda, in the City of
Carlsbad, County of San Diego, State of California, according to Map
thereof No. 823, filed in the Office of the County Recorder of San
Diego County, November 16, 1896, described as follows:
COMMENCING at Point 14 of said Lot "B" as designated on said Map No.
823; thence along the boundary of said Lot "B", South 89°54'00" East,
PA -24 23.41 feet to the Northeasterly corner of land described in deed to
North County Investments, recorded June 16, 1971 as File No. 12667-3;
thence retracing along said boundary North 89"54'00" West , 23.41 feet
to said Point 14 of Lot
of North Countg Investor's as follows:
feet; South 50 55'35" West 1788.65 feet; South 01°28'24" West, 787.30
feet to the True Point of Beginning; thence continuing along said
boundary, South 10°46'15" West, 1337.68 feet ; thence leaving said
boundary, South 79O13'45'' East , 703.35 feet; thence North 30°28'48"
East, 900.00 feet; thence North 30°31'12" West, 800 feet; thence
South 87O45'29" West, 491.59 feet to the TRUE POINT OF BEGINNING.
X;
''B''; thence along the boundary of said land
South 54'15'33" West, 326.48
PARCEL 2:
A non exclusive easement and right-of-way for road purposes over, under,
through and across all that portion of said Lot "B" of Rancho Agua
Hedionda lying within a strip of land 48.00 feet wide, the sidelines
of said strip lying 24.00 feet on each side of the following described
centerline:
COMMENCTNG at the most Southerly corner of that land described in
Pgrcel 1 of deed to Carlsbad Municipal Water District, recorded August 3
1973 at File/Page No. 73-215694 in the San Diego County Recorder's
Office, being also the most Southerly corner of that certain 6.459 Acre
parcel shown on Record of Survey Map No. 7845 filed in said Recorder's
Office on March 8, 1974; thence along the Southwesterly prolongation
of the Southeasterly line of said 6.459 Acre parcel South 51'17'15" West
(Record North 51'25'00" East per said R.O.S. 7845) 55.00 feet to a
point on the centerline of El Camino Real, Road Survey 1800-1, a
plat of which is on file in the Office of the County Engineer of
said County; thence along said centerline South 38'42'45" East, (Record
North 33'11'55" West per said R.S. 1800-1) 141.28 feet to Engineer's
Station 32!3+50.00 thereon, said point being the TRUE POINT OF BEGINNING;
thence leaving said centerline North 37'51'42" East, 480.00 feet to
the beginning of a tangent 350.00 foot radius curve, concave Westerly;
thence Northerly along the arc of said curve through a central angle of
81'50'49", a distance of 499.97 feet; thence tangent to said curve,
North 43"59'07" West, 172.23 feet to the beginning of a tangent 350.00
said curve through a central angle of 54"45'22" a distance of 334.49
Amended foot radius curve concave Easterly; thence Northerly along the arc of
332482-11
Page 1 of 2
m.. -. 7z ?:. * 0 * V&,
* .
feet; thence tangent to said curve North lO"46'15" East, 518.39 feet
to a point on the Southeasterly line of Parcel 1 hereinabove described
above said point being the Point of Terminus.
PARCEL 3
An easement for the right to construct drainage facilities and also to
drain any portion of Parcel 1 hereinabove described over said easement,
being a portion of Lot "B" of Rancho Agua Hedionda, Map No. 823,
filed in the Office of the County Recorder of San Diego County, State
of California, on November 16, 1896; said easement being 20.00 feet
wide, 10.00 feet on each side of the following described centerline:
COMMENCING at Point 14 of said Lot "B" as described on said Map No. 823,
thence South 54"15'33" West, a distance of 326.48 feet; thence
South 50"55'35" West, a distance of 1788.65 feet; thence South Ol"28'24"
West, a distance of 787.30 feet, said point also being the Northwesterly
comer of said Parcel 1; thence along the Westerly boundary of said
Parcel 1; South lO"46'15" West, a distance of 1337.68 feet, said point
also being the Southwesterly corner oF said Parcel 1; thence along the
Southerly boundary of said Parcel 1, South 79"13'45" East, a distance
of 703.35 feet, said point being the Southeasterly corner of said Parcel
thence along the Southeasterly boundary of said Parcel 1; North 30"28'48"
East, a distance of 150.00 feet to the centerline of said drainage
easement, said point being the TRUE POINT OF BEGINNING, said point
being also on the arc of a 300.00 foot radius curve concave Northeasterly
a radial line to said curve to said point bears North 52"58'48" East;
thence Southeasterly along the arc of said curve through a central
angle of 34"OO'OO" a distance of 178.02 feet; thence tangent to said
curve South 71"01'12" East, a distance of 375.00 feet to the Point
Amended
332482-D
5/6/82 of Terminus.
332482-R
Form No. 1000~2 10/73 ’ 0 * CLTA Standard Coverage Policy Form 1973
CLTA-1973 SCHEDULE A STANDARD CC
Name of Insured: THE CITY OF CARLSBAD
A Municipal Corporation
Policy No. : Charge: $
332482-R 4,082.00
Date of Policy: Amount of Insurance: $
June 30, 1982 at 8:OO AM 2,000,0(
The estate or interest in the land described or referred to in this schedule covered by this policy is:
A fee as to Parcel 1 and easements more fully described below as
Parcels 2 and 3.
The estate or interest referred to herein is at the Date of Policy vested in:
CITY OF CARLSBAD
A Municipal Corporation
The land referred to in this policy is described as follows:
SEE ATTACHED
--_--__
760-166-82
Page Two
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SAM OlLGd EOUWTY ASSESSOR’S WAC BK 109 PC 05 MAPPED CI)R ASSESWMT ?UllPOS€.f WlV
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PURCHASE AND SALE AGREEMENT
AND ESCROW INSTRUCTIONS
BETWEEN
COUNTY OF SAN DIEGO
AND
THE CITY OF CARLSBAD
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TABLE OF CONTENTS
- Pag
1. Agreement of Sale/Price and Terms 1
2. Escrow Closing 3
3, Closing Costs 4
4, Title 4
5., Provision for Easements 6
6. The Obligations of Seller 7
7. Commissions 7
8. Attorney's Fees 8
9, Notices 8
10. Entire Agreement - Amendments 8
11. Successors 9
12. Assignment 9
13. Choice of Laws 9
14. Waiver of Covenant, Condition or Remedy 9
15. Interpretation of Agreement 10
16. Survival 10
17. Time 10
CoNTsAY €iU?*{ESG 4f5-9 1
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PURCHASE AND SALE AGREEMENT
AND ESCROW INSTRUCTIONS
day of 1982, by and bett
the COUNTY OF SAN DIEGO, California, a political subdivision ("Seller") i
THE CITY OF CARLSBAD, California, a municipal corporation ("Buyer").
This Agreement is made as of the -
RECITALS --------
A. Seller owns a parcel of real property (The "Property") in the
City of Carlsbad, County of San Diego, State of California, described in
Exhibit "A" attached hereto and by this reference incorporated herein,
consisting of 26.276 acres of land.
B. The parties desire to enter into an agreement whereby Seller
shall agree to sell and Buyer shall agree to buy the Property on the tei
and conditions set forth herein.
NOW, THEREFORE, Seller and Buyer hereby agree as follows:
1. Agreement of Sale/Price and Terms
(a) Seller hereby agrees to sell and Buyer hereby agrees to
the Property for the sum of Two Million Dollars. The purchase price sh
be paid by the deposit of $2,000,000 into the escrow described in Parag
2 hereof in time to permit the closing thereof at the scheduled closing
date.
1
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4..
(b) Buyer agrees, without warranty as to results, to:
(1) process a request for a General Plan Amendment to change the 'land us
designation of Palomar Airport property, owned by Seller, adjacent to thc
Property and east of El Camino Real in Carlsbad, Carlsbad, California, fi
"Open Space" and "Government" to "P1 anned Industri al" and (2) to process
request for a zoning change to modify the zoning of Sellers said propert.
from the current Open Space zone to a planned industrial zone.
agrees to execute the necessary application forms and agreements in
accordance with the adopted policy of the Board of Supervisors for
compliance with the land use regulations of other governmental entities
Buyer agrees to waive application fees and Seller agrees that public
facility fees may be collected by the City of Carlsbad from a future
devel oper of Sell ers adjacent property.
credit to Buyer, against the purchase price due Seller in escrow in the
amount of $7500 for one half the reasonable cost of an environmental irn
report necessary for Buyer development of the Property arid the zoning c
request.
Seller
Sell er a1 so agrees to provide
(c) Buyer also agrees without warranty as to results, to proc
modification of Conditional Use permit No. 140 (C.U.P. 140) to: (I)
eliminate requirement No. 9 which provides for an equestrian trail ovei
Palomar Airport property, (2) to modify requirement No. 10 to provide I
for the dedication of the right-of-way specified and (3) eliminate
requirement No.17 which provides for paving of the turn pockets in the
median area on El Camino Real.
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(d) Buyer agrees to fund and construct, or cause to be
constructed, full one-half improvements on a 126 foot right-of-way along
Seller's frontage on Palomar Airport Road east of €1 Camino Real. Should
Buyer cause a Road Improvement District (R.I.D.) to be formed to facilita
development of said improvements, Seller shall be exempted from
participation in said district and shall not be assessed for any share of
improvements constructed.
(e) Seller agrees to fund from the proceeds of this sale and
construct, or cause to be constructed, full 1/2 street improvements on a
foot right-of-way along Seller's frontage on the east side of El Camino
Real. Work shall be commenced within two years unless an earlier demand
made by Buyer, and shall be completed as quickly as feasible.
2. Escrow Closing
(a) Upon approval of this Agreement by both parties, the origi
of the Agreement shall be deposited with Seller who shall act as Escrow
Holder. Seller, as Escrow Holder, shall promptly take those steps neces
to complete the purchase and sale herein contemplated. Escrow Holder is
hereby authorized and instructed to act in accordance with the provision
this Agreement which shall constitute Escrow Holder's escrow instruction
Seller and Buyer shall each deposit such deeds, instruments and funds ar
take such other actions as are necessary to close the Escrow and complet
the sale and purchase of the Property in accordance with the terms herer
(b) This escrow is scheduled to close on or before June 30, l!
The following actions shall have occurred prior to that date:
(1) Seller to obtain written consent of the Federal
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Aviation Administration (F.A.A.) to sale of the
Property.
Buyer to deposit the purchase price into escrow.
Seller to deposit a signed Deed into escrow.
Seller to provide a $7,500. credit to Buyer
for one half the cost of an environmental study as
provided in Subclause 1(b) above.
(2)
(3)
(4)
Time is specifically a matter of essence with respect to the closing
provided, however, the closing date may be extended up to 60 days to all(
additional time to obtain F.A.A. approval of this sale.
3. Closing Costs
Seller shall pay all costs, if any, to obtain a waiver of a parcel map,
certificate of compliance or other action necessary to establish the
Property as a legally conveyable parcel of property. Buyer shall pay th
cost of title insurance. Seller shall pay any additional costs of namin
Seller as an additional insured on the title insurance policy. There sh
be no escrow fees.
4. Title
(a) Seller agrees to convey title to Buyer and Buyer agrees tc
Attached hereto i accept title from Seller as provided in this section.
Exhibit "B" and by this reference incorporated herein is an updated
preliminary title report number 332482-8, dated A/fi/ gd, /;;;Jg?srom L
Title Insurance Company which covers the Property. Seller agrees to co
title to the Property to Buyer subject only to those exceptions set for
said preliminary title report which affect the Property. Immediately a
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the opening of escrow, Buyer shall obtain a current preliminary title rep
from Land Title Insurance Company showing the state of title to the
Property. Buyer shall have the right to disapprove any exception shown c
such report that is not shown on the report attached hereto as Exhibit 'I@
In the event Buyer objects to any such additional exceptions and Seller i
unable to eliminate such exceptions, Buyer sha'll have the right either tc
waive its objection to such exceptions and close the escrow subject to SI
additional exceptions or to terminate the escrow and all of its liabilit.
hereunder.
(b) Seller warrants that there are no oral or written leases 01
all or any part of the Property exceeding a period of one month, and Sel
agrees to hold Buyer harmless and reimburse Buyer for any and all of its
losses and expenses occasioned by reason of any lease of said Property hc
by any tenant of Seller for a period exceeding one month.
(c) Seller agrees to obtain written Federal Aviation
Administration (FAA) consent to the conveyance of the Property to Buyer
prior to the close of escrow, and warrants there are no restrictions
relating to the FAA or Palomar Airport which would prevent Buyer's use c
the Property for City facilities including but not limited to police, fi
vehicle maintenance, water utilities, street maintenance, parks and othe
similar facilities except as provided in the avigation easement reserv
by Seller in the Grant Deed attached as Exhibit "C".
(d) At the closing Seller shall deposit into the escrow the GI
Deed, attached hereto as Exhibit "C" and by this reference incorporated
herein, fully executed and in recordable form, sufficient to convey to I
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fee title to the Property.
subject to:
Said deed shall recite that title is conveyed
(i ) Non-del i nquent real property taxes and speci a1
assessments, if any; and
(ii) Other liens, leases easements, encumbrances,
covenants, conditions and restrictions and other matters of record set fo
in subparagraph 4(a) above or which may be approved by Buyer in accordanc
with subparagraph 4(a) above.
(e) At the close of escrow and as a condition thereto, Land Tit
Insurance Company shall agree to issue a CLTA Standard Coverage Owner's
Policy of Title Insurance, with liability in the amount of the purchase
price for the Property, showing title to the Property vested in Buyer or
designee, subject only to the exceptions approved by Buyer pursuant to
subparagraph 4( a) above and to non-del inquent real property taxes, speci a
assessments and reservations of easements referred to in subparagraph 4 (
above. Seller shall be named as an additional insured on said policy.
(f ) Sel ler agrees to monument and stake the Property at no cost
Buyer and to furnish Buyer with a Record of Survey within three months
after close of escrow.
5. Provision for Easements
(a) Seller agrees to deposit into escrow the deed referred to
above as Exhibit "C" which shall include access utility and avigation
easements and the drainage easement included in subparagraph 5(b).
deed shall be in the form attached hereto as Exhibit "C" and by reference
incorporated herein and shall be fully executed and in recordable form fc
Said
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conveying such easements to Buyer.
provide funds to maintain said access easement.
Buyer and Seller agree to jointly
(b) Seller further agrees to grant Buyer an easement to construc
and maintain drainage structures on Sellers adjacent property.
easement shall be in the form attached hereto as Exhibit "C".
Said
(c) Buyer and seller may each need easements over the property o
Buyer and seller agree that they will not the other in order to develop.
unreasonably withhold consent to the granting of any such easements.
6. The Obligations of Seller
The obligations of Seller under this contract are subject to
complying with Section 25365 of the Government Code of the State of
California. It is understood, therefore, that the County Board of
Supervisors will be immediately requested to authorize publication of a
Notice of Intention To Sell the subject Property. If, upon the hearing
pursuant to said Notice of Intention To Sell, the Board of Supervisors o
the County shall determine that it is not in the public interest to sell
said Property, this Agreement shall become null and void and the parties
hereto shall be relieved of all obligations hereunder.
7. Commissions
Buyer and Seller each represent to the other that they have not
entered into any agreement or incurred any obligation which might result
the obligating of the other party to pay a sales or brokerage commissioi
finder's fee on this transaction and agree to indemnify, defend and holc
each other harmless in the event such representations shall prove to be
untrue.
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8. Attorney's Fees
In the event of any action between Buyer and Seller seeking enforcem
of any of the terms and conditions of this Agreement, or in connection wi
the Property, the prevailing party in such action shall be awarded, in
addition to damages, injunctive or other relief, its reasonable costs and
expenses, including reasonable attorney's fees.
9. Notices
All notices under this Agreement shall be effective upon persona
delivery to Seller or Buyer, as the case may be, or three business days
after deposit in the United States mal'l, registered or certified mail,
postage fully prepaid and addressed to the respective parties as follows:
To Seller: County of San Diego Director, Department of General Services 5555 Overland Avenue, Bldg. 2 San Diego, CA 92123
To Buyer: City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 Attn: City Manager Copy To: City Attorney
or to such other addresses as the parties may from time to time designatf
writing .
10. Entire Agreement - Amendments
This Agreement and the items incorporated herein contain all oi
the agreements of the parties hereto with respect to the matters contain(
herein, and no prior agreement or understanding pertaining to any suck
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matter shall be effective for any purposes. No provisions of this Agreem
may be amended or modified in any manner whatsoever except by an agreemen
in writing signed by duly authorized officers of each of the parties
hereto, except that any modifications which relate to the adjustment to t
limitations (except the closing date) or to the form of documents may be
made by legal counsel to the parties.
11. Successors
The terms, covenants and conditions of the Agreement shall be
binding upon and shall inure to the benefit of the heirs, executors,
administrators and assigns of the respective parties hereto,
12. Assignment
Buyer may not assign its rights hereunder without the prior
written consent of Sell er.
13. Choice of Laws
This Agreement shall be governed by the laws of the State of
California and any question arising hereunder shall be construed or
determined according to such law.
14. Waiver of Covenant, Condition, or Remedy
The waiver by one party of the performance of any covenant,
condition, or promise shall not invalidate this Agreement nor shall it b
considered a waiver of any other covenant, condition, or promise.
waiver by either or both parties of the time for performing any act sha’
not be considered a waiver of any other act or an identical act require(
be performed at a later time. The exercise of any remedy provided in ti
Agreement shall not be a waiver of any consistent remedy provided by la\
The
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and the provisions in this Agreement for any remedy shall not exclude 0th
consistent remedies unless they are expressly excluded.
15. Interpretation of Agreement
This Agreement shall be construed as a whole and in accordance
with its fair meaning.
shall not be used in construing meaning.
Captions and organizations are for convenience an
16. Survival
This Agreement shall survive the close of escrow and shalt remi
a binding contract between the parties hereto.
17. Time
Time is of the essence of this Agreement, it being understood i
each date set forth herein and the obligations of the parties to be
satisfied by such date have been the subject of specific negotiation by '
part i es .
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IN WITNESS WHEREOF, Buyer and Seller have executed this Agreement as
the date first above written.
THE CITY OF CARLSBAD,
/
Approwed and/or Authorized by BQad of Supervisors, County of San Dig@
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EXH IB ITS
EXHIBIT A Legal of Property
EXHIBIT B Title Report
EXHIBIT C Grant Deed (includes access, utilit
drainage & avigation ea
. . 0 0 EXHIBIT "A"
Parcel No. 82-0001-A (1-4-82) (WAR:RH:kb)
All that portion of Lot "8" of Ranch0 Agua Hedionda, in the City of
Carlsbad, County of San Diego, State of California, according to Map thereof
No. 823 filed in the Office.of the County Recorder of said County November
16, 1896, lying within the land described in deed to said County of San
Diego, recorded January 18, 1974, at File/Page No. 74-014190 in said
Recorder's Office, .described as follows:
Commencing at the Northeasterly corner of said County of San Diego land;
thence North 89O54'00" West, 23.41 feet to Point 14 of said Lot "B" as shown
on said Map 823; thence along the boundary of said County land, South 54O
15'33" West; 326.48 feet; thence South 50'55'35" West, 1788.65 feet; thence
South OlO28'24" West, 787.30 feet to the TRUE POINT OF BEGINNING; thence
continuing along said boundary, South 10°46'15" West, 1337.68 feet; thence
leaving said boundary, South 79O13'45" East, 703.35 feet; thence North 30°
28'48" East, 900.00 feet; thence North 30*31'12" West, 800.00 feet; thence
South 87O45'29" West, 491.59 feet to the TRUE POINT OF BEGINNING.
Parcel No. 82-0001-B (2-12-82) (WAR:RH:kb)
A non exclusive easement and right-of-way for road and utility purposes
over, under, through and across all that portion of said Lot "B' of Ranch0
Agua Hedionda lying within a strip of land 48.00 feet wide, the sidelines of
said strip lying 24.00 feet on each side of the following described
centerline:
Commencing at the most Southerly corner of that land described in parcel 1
of deed to Carlsbad Municipal Water District, recorded August 3, 1973 at
File/Page No. 73-215694 in the San Diego County Recorder's Office, being
also the most Southerly corner of that certain 6.459 Acre parcel shown on
Record of Survey Map No. 7845 filed in said Recorder's Office on March 8,
1974; thence along the Southwesterly prolongation of the Southeasterly line
of said 6.459 Acre parcel South 51°17' 15" West (Record
North 51°25' 00" East per said R.O.S. 7845) 55.00 feet to a point on the
centerline of El Camino Real, Road Survey 1800-1, a plat of which is on file
in the Office of the County Engineer of said County; thence along said
centerline South 38O42'45" East, (Record North 33*11' 55" West per said R.S.
1800-l) 141.28 feet to Engineers' Station 329+50.00 thereon, said point
being the TRUE POINT OF BEGINNING; thence leaving said centerline
North 37°51'42"East, 480.00 feet to the beginning of a tangent 350.00 foot
radius curve, concave Westerly; thence Northerly along the arc of said curve
through a central angle of 81O50' 49", a distance of 499.97 feet; thence
tangent to said curve, North 43'59' 07" West, 172.23 feet to the beginning
of a tangent 350.00 foot radius curve concave Easterly; thence Northerly
along the arc of said curve through a central‘ angle of 54O45' 22" a distance
of 334.49 feet; thence tangent to said curve North 10946' 15" East, 518.39
feet to a point on the Southeasterly line of Parcel No. 82-0001-A described
above, said point being the POINT OF TERMINUS.
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-+ ,. Exhibit ' (Cont i nu6
PARCEL NO. 82-0001-C Drainage Easement
An easeinent and right of way to construct drainage facilities and also tc drain any portion of Parcel No. 82-0001-A over said easement, being a portion of Lot llB'l of Rancho Agua Hedionda, Map No. 823, filed in the Of1 of the County Recorder of San Diego County, State of California, on Noven 16, 1896; said easement being 20 feet wide, 10 feet on each side of the following described centerline:
Commencing at Point 14 of said Lot IIB" as described on said Map No. 823, thence South 54°15'33" West, a distance of 326.48 feet; thence South 50°55'35" West, a distance of 1788.65 feet; thence South 01*28'24" West, a distance of 787.30 feet to the Northwesterly corner of said Parct No. 82-0001-A; thence along the Westerly boundary of said parcel, South 46'15" West, a distance of 1337.68 feet to the Southwesterly corner of si Parcel ; thence along the Southerly boundary of said Parcel South 79O13'4f East, a distance of 703.35 feet to the rn0s.t Southerly corner of said Par( thence along the Southeasterly boundary of said Parcel, North 30°28'48" East, a distance of 150.00 feet to the centerline of said drainage easemc said point being the TRUE POINT OF BEGINNING, said point being also on tk arc of a 300 foot radius curve concave Northeasterly, a radial line to si curve at said point bears South 52'58'48' West; thence Southeasterly alor the arc of said curve through a central angle of 34°00'00t1 a distance of 178.02 feet; thence tangent to said curve South 71°07'1211 East, a distanc of 375.00 feet to the POINT OF TERMINUS.
2
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Reserving to the County of San Diego, a political Subdivision of the State
of California, hereinafter called "Grantor", an assignable easement and
right-of-way for the use and benefit of the public, for the free and
unobstructed passage of aircraft in, through, and across all the air space
above a plane herein known as the Inner Horizontal Surface which is
established at an elevation of 478.15 feet above Mean Sea Level based on
North American Datum of 1929.
TOGETHER with the continuing right to cause or allow in all the air space
above the surface of Grantee's property such noise, vibrations, fumes, dusi
fuel particles, and other effects as may be caused by or result from the
operation of aircraft within said air space provided the operation is in
compliance with appliable laws and regulations; it being understood and
agreed that Grantor intends to maintain and develop Palomar Airport in suct
a manner that said airport and the easement reserved hereby will be used a
all times and by every type of aircraft which is now in existence or which
may be developed in the future for both commercial and noncommercial
flights; and Grantee, for Grantee and the successors in interest and assig
of Grantee, does hereby fully waive and release those rights or causes of
action relating to the use of the property described in this deed located
below this easement, which they or any of them now have or may have in the
future against Grantor, its successors and assigns, on account of or arisi
out of the reasonable, non-negligent operation of aircraft in said air
space;
EXH I@ tlAtt
(CONTINUED)
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ALSO TOGETHER with the continuing right in the Grantor, its successors and
assigns, to clear and keep clear any and all obstructions which encroach
upon or extend into the hereinbefore described easement and right-of-way,
and for such purpose, after reasonable notice to Grantee, to enter upon the
surface of Grantee's property and cut and remove underbrush and soil and
demolish, cut, lower, or remove buildings or any structures, or any bushes?
trees, or other vegetation which are located on or extend into or over so
much of the Grantee's property as lies below the easement and right of way
herein granted, and together with the right of ingress to, egress from, an(
passage over Grantee's property for the purpose of effecting and rnaintainir
such clearance as aforesaid. Provided, however, that Grantor or its
successors and assigns shall before cutting, removing, demolishing or
lowering any vegetation, soil or structure shall first demand that Grantee
perform such cutting, removing, demo1 ishing or lowering and allow Grantee
reasonable time to perform. +
THE TERM "aircraft" is defined for the purposes of this Deed as any
contrivance now known or hereafter invented, designed, or used for
navigation or flight in air or space.
UNLESS PRIOR APPROVAL IS GIVEN BY THE FEDERAL AVIATION ADMINISTRATION,
(F.A.A.) or its successors and assigns, Grantee, for Grantee and the
successors in interest and assigns of Grantee, covenants and agrees that
neither they nor any of them will erect, or permit the erection of, any
structure or object, or permit the growth of any tree or other vegetation,
or allow any structure, object, tree or other vegetation to encroach upon
extend into said easement and right of way, and that neither they nor any
them wi 11
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EXHIB b "A"
(CONTINUED)
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hereafter use, or permit or suffer the use of Grantee's property in such
manner as to create electrical interference with radio communication to or
from any aircraft, or as to make it difficult for aircraft pilots tp
distinguish between airport lights and other lights or as to impair
visibility in the vicinity of the airport, or as to otherwise endanger the
landing, taking off, or maneuvering of aircraft.
&
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1330 FOURTH AVENUE
SAN DIEGO CALIFORNIA 92101
PHONE 234-7 '192
LAND T'YTLE iNSURANCE COMPANY
A subsidiary of beers 'Title insurance &poretion
of Rrhnmd Mq-
AMENDED
PRELIMINARY REPORT
City of Carlsbad
e 1200 Elm YOUR REF: County of San Carlsbad, California 92008
Attention: Larry C. Dossey OUR NO: 332482-R
In response to your application for a policy of title insurance, LAND TITLE INSURANCE COMPAN
reports that it is prepared to issue, or cause to be issued, as of the date hereof, a
a California Land Title Association Standard Coverage form, or an
American Land Title Association Loan form, or an
American Land Title Association Owner's form
(as indicated by box checked above)
Policy of Title Insurance of LAND TITLE INSURANCE COMPANY and LAWYERS TITLE INS1
C:ORPOR4TION, describing the land and the estate or interest therein hereinafter set forth, insurin
loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred
Eixception below or not excluded from coverage pursuant to the printed Schedules, Conditions and
tions of said policy form.
This report (and any supplements or amendments thereto) is issued solely for the purpose of facilit
irrsuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be
prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested.
?Be estate or interest in the land hereinafter described or referred to covered by this Report is:
A Fee as to Parcel 1 and easements more fully described below as Parcels
2 and 3.
Title to said estate or interest at the date hereof is vested in:
THE COUNTY OF SAN DIEGO.
The land referred to in this report is described as follows:
SEE ATTACHED.
402 (REV 3/70)
- Page 2
-I Your Ref: County. San Diego IC
<* Our No.: 332482-R
At the date hereof Exceptions to coverage in addition to the print(
exceptions and exclusions contained in said policy form would be i follows:
1. The right of James Kell Robert S. Kelly, Ellen K. Hall, Alice I Morrison and Lillie Kelly kega , and their respective successors ai
assigns, to use all roads and rights of way then existin or travelc
with the right and easement to install any poles, wires, pipes I similar utility structures over and along any or all of such rlghts 1
way, as granted by deed dated March 26, 1936 and recorded July 29, 19
in Book 541, Page 244 of Deeds.
2. An easement for gas pipe lines and incidental purposes over sa
land, as granted to the San Diego Gas and Electric Company, by de recorded January 18, 1937 in Book 613, Page 126 of Official Record
The route thereof across said land is more particularly described follows:
Beginning at a point on the East line of said Lot "B" distant there
36.73 feet Northerly from the Southeast Corner thereof; thence from sa Point of Beginning South 87"21'00"West, 18.75 feet; thence Sou
79"45'00" West, 1771.50 feet; thence North 73"lO'OO" West, 1728.30 fee thence South 85O30'00" West, 3058.45 feet; thence North 37"51'00" Wes 1187.25 feet; thence South 70"10'30" West, to the Westerly line of sa Lot I'B".
Affects Parcel 2.
3. A right of way, 60.00 feet wide, and incidents thereto, for pub1
highway purposes over a portion of said land, known as El Camino Re
and being a portion of County Road Survey No. 682 (County Road A-E), ranted to County of San Diego by deed recorded August 21, 1940 in Bo 7054, page 360 as File No. 42295, by deed recorded October 2, 1940
Book 1075, page 403 as File No. 51256, and by deed recorded June I 1943 in Book 1516, page 79 as File No. 34463, all of Official Record
Said instrument additionally grants the privilege and right to extc drainage structures and excavation and embankment slopes beyond t
limits of the above described right of way where required for 1 construction and maintenance thereof.
Subsequently by a Resolution of the County of San Diego, passed i
adopted by the Board of Supervisors of San Diego County on November 1 1974, a copy of which was recorded November 14, 1974 as File 1 74-301818 of Official Records, that portion of said County Road Sur\
No. 682, 60.00 feet wide, lying Easterly of the Easterly line of Cour Road Survey No. 1800-1, 126.00 feet wide, a copy of which is filed
the office of the County Surveyor of San Diego County and lying wit1 that certain portion of said Lot IrG" as described in deed to County
San Diego recorded April 3, 1974 as File No. 74-083015 of Offic. Records, was vacated and abandoned as a public highway.
over and across any portion of the property herein descri 1 ed, togeth
0 Page 3
-. Your Ref: Countya San Diego
Said Resolution excepts that portion of County Road Survey No. 682 lyii Northerly and Northwesterly of a 50.00 foot radius curve conca' Southeasterly, the Southwesterly terminus of said curve being its poi1
of tan ency with the Easterly line of said County Road Survey No. 18004 (126.08 feet wide) and the Northeasterly terminus of said curve being t
its point of tangency with a line that is parallel with and distal 63.00 feet at right angles Southerly, from the center line of Coun
Road Survey No. 757, as described in easement granted to County of St Diego by deed recorded October 2, 1940 in Book 1069, page 456 as Fi
No. 51254 of Official Records, reference being made to said ResolutiI for further particulars.
Affects Parcel 2.
4. An easement for road and utility purposes and incidents thereto
ranted to the Carlsbad Municipal Water District by deed record jecember 27, 1961 as file No. 222199 affecting said 60.00 foot strip
land lying Southwesterly and Northwesterly of the following describc line:
Commencing at Point "X" designated in Parcel 1; thence along ti boundary of said Parcel 1 as follows:
South 73'43'45'' East, 232.43 feet and South 38'38'25" East, 341.96 fef to the TRUE POINT OF BEGINNING; thence South 38'38'25" East, 160.1 feet; thence South 51'21'35" West, 668.00 feet to the Southwesterly lil of said Lot "B".
Affects Parcel 2.
5. An easement as granted in deed recorded August 3, 1973 as File Nc
73-215695, for road and utility purposes over, under, upon and across continuous strip of land 60.00 feet of even width located within Lot "I
of RANCHO AGUA HEDIONDA, in the County of San Diego, State 1 California, according to Map thereof No. 823, filed in the Office of tl Recorder of San Diego County, November 16, 1896, said 60.00 foot str of land lying Southwesterly and Northwesterly of the following describi line:
Commencing at Point "X" designated in Parcel 1; thence along ti boundary of said Parcel 1 as follows:
South 73'43'45" East, 232.43 feet and South 38'38'25'' East, 341.96 fet to the TRUE POINT OF BEGINNING; thence South 38'38'25" East, 160.r feet; thence South 51'21'35" West, 668.00 feet to the Southwesterly lii
of said Lot "B'I.
Affects Parcel 2.
6- An easement for gas pipe lines and incidental. purposes over sa land, as granted to the San Diego Gas and Electric Company, by de recorded August 26, 1974 as File No. 74-231498.
.. Our No.: 332482-
. Page 4
Your Ref: Countya San Diego 0 . Our No.: 332482-
The route thereof across said land is more particularly described i f 01 1 ows :
That certain strip of land 15 feet in width, lyini adjacent tc contiguous with and Northeasterly of the following escribed linc
Commencing at Corner No. 4 of Lot "G" of said Rancho Agua Hedionda, sa corner bears North 79"36'00"East (Record - North 79"20'00" East per MI No. 823) from Corner No. 5 of said Lot "G"; thence North 51"25'00" Ea 31.60 feet; thence South 38"35'00" East 163.79 feet; thence Nor 51"25'00" East 30.00 feet to a point on the Southwesterly line of ti
land conveyed to Carlsbad Municipal Water District by deed record1 December 27, 1961 at Recorder's File No. 222199 of Official Record1 said point being the TRUE POINT OF BEGINNING of the line here described; thence along the Southwesterly line and its Southeaster
prolongation South 38O35'00" East, 300 feet.
Said deed contains certain limitations upon the use of that portion
the herein described land lying within said easement.
Affects Parcel 2.
7. A right of way for use as a public highway over a portion of sa land, being a portion of County Road Survey 1800-1, on file in t office of the County Surveyor of San Diego County, as disclosed Resolution of the County of San Diego, a copy of which was record November 14, 1974 as File No. 74-301818 of Official Records.
ALSO, any privilege and right which may exist to extend and mainta drainage structures and excavation and embankment slopes beyond t limits of any portion of County Road Survey 1800-1 which crosses sa land where required for the construction and maintenance thereof, as sc forth and described in deed to County of San Diego recorded July 1 1970 as File No. 121185 of Official Records, and in various other deel of record.
Affects Parcel 2.
8. An easement for gas pipe lines and incidental purposes over sa
land, as granted to the San Diego Gas and Electric Company, by de recorded July 29, 1975 as file No. 75-197823.
The route thereof across said land is more particularly described fol 1 ows :
A strip of land 15 feet in width the centerline of which is described f 01 1 ows :
COMMENCING at Corner No. 4 of Lot "G" of said Rancho Agua Hedionda, sa
corner bears North 79"36'00" East (record North 79"20'00" East) fr Corner No. 5 of said Lot 'IG"; thence North 51"25'00" East, 31.65 fee
thence South 38"35'00" East, 163.79 feet; thence North 51°25'00" Eas 45.50 feet to a point on a line that is parallel with and 70.50 fe Northeasterly of the new centerline of El Camino Real as shown on Rc
e Page 5
.. ,. '. ,. Our No.: 332482-
Your Ref: Countyp San Diego
Survey No. 1800-1, on file in the Office of the County Surveyor of sa
County of San Diego, said point being the TRUE POINT OF BEGINNING of t centerline herein described; thence along said parallel line and i
Southeasterly prolongation, South 38'35'00" East 1,150.00 feet.
Said deed contains certain limitations upon the use of that portion
the herein described land lying within said easement.
Affects Parcel 2.
9. An easement and right of way for the transmission and distributi
of electricity, together with the right of ingress thereto and egre therefrom, upon, over, under and across said land as granted to the S
Die o Gas & Electric Company in deed recorded June 12, 1979 as File N 79-841682.
Said easement and right of way in said land is described as follow
A 6.00 foot wide strip being 3.00 feet on each side of a line describ as follows:
COMMENCING at Engineer's Station 329+50.00 in El Camino Real, Rot
Survey 1800-1 on file in the County Engineer's Office of said Count, thence North 38'22'25" East, 480.00 feet to the beginning of a tange
350.00 foot radius curve, concave Westerly; thence Northerly along t arc of said curve through a central angle of 81'50'49", a distance
499.97 feet; thence tangent to said curve, North 43'28'24" West, 172. feet to the beginning of a tangent 350.00 foot radius curve, conca
Easterly; thence Northerly along the arc of said curve through a centr angle of 54"45'22", a distance of 334.49 feet; thence tangent to sa curve, North 11'16'58" East, 63.31 feet; thence North 4 23'02 Wes 184.00 feet to the TRUE POINT OF BEGINNING; thence South 69'40'02" Eas
117.00 feet; thence South 56"36'22" East, 102.00 feet; thence Sou 36'21'22" East, 123.40 feet; thence South 71"00'02" East, 120.00 fee
thence North 65'41'16'' East 78.80 feet to the POINT OF TERMINUS.
Said deed contains certain limitations upon the use of that portion the herein described land lying within said easement.
Affects Parcel 2.
10. An easement over said land for communication structures a
urposes incidental thereto as conveyed to The Pacific Telephone a Telegraph Company, by deed recorded August 21, 1979 as File N
The location of said structures is more particularly described in sa
deed as fol lows :
A 24.00 foot wide strip, the Westerly line of said strip being describ as follows:
BEGINNING at Engineer's Station 329+50.00 in El Camino Real, Road Surv
1800-1 on file in the County Engineer's Office of said County; then
79-350469.
. e Page 6 I' Your Ref: Count9 San Diego
.- Our No.: 332482-
North 38'22'25" East, 480.00 feet to the beginning of a tangent 350.1
foot radius curve, concave Westerly; thence Northerly along the arc ' said curve through a central angle of 81'50'49" a distance of 499.'
feet- thence tangent to said curve, North 43'28'2.i" West, 172.23 feet the beginning of a tangent 350.00 foot radius curve, concave Easterl: thence Northerly along the arc of said curve through a central angle 1 54'45'22", a distance of 334.49 feet; thence tangent to said curvc
North 11'16'58" East, 519.31 feet to the POINT OF TERMINUS.
Said deed contains certain limitations upon the use of that portion (
the herein described land lying within said easement.
Affects Parcel 2.
11. An easement and right of way as granted to Carlsbad Municipal Wat District in deed recorded August 22, 1979 as File No. 79-352199 for t
instal lation, construction, operation, maintenance, repair, replacemen
and reconstruction of water lines upon, through, under, Over and acrO a 24.00 foot wide strip, the Easterly line of said strip being describ
as follows:
BEGINNING at Engineer's Station 329+50.00 in El Camino Real, Road Surv
1800-1 on file in the County Engineer's Office of said County; then North 38'22'25" East, 95.00 feet to a goint hereinafter referred to Point "A"; thence continuing North 38 22'25" East, 385.00 feet to t beginning of a tangent 350.00 foot radius curve, concave Westerl* thence Northerly along the arc of said curve through a central angle 81'50'49", a distance of 499.97 feet; thence tangent to said curve Nor 43'28'24" West, 172.23 feet to the beginning of a tangent 350.00 fo radius curve, concave Easterly; thence Northerly along the arc of sa
curve through a cental angle of 54'45'22", a distance of 334.49 fee thence tangent to said curve North 11'16'58" East, 81.31 feet to a poi
hereinafter referred to as Point "B"' thence continuing North 11'16'5 East, 129.00 feet to a point hereinafter referred to as Point "C
thence continuing North 11°16'58" East, 343.00 feet to a poi hereinafter referred to as Point I'D"; thence continuing North 11'16'5
East, 135.00 feet to a point hereinafter referred to as Point "E thence North 11'16'58" East 6.00 feet to the POINT OF TERMINUS.
ALSO, those portions cif the following described 6.00 foot wide stri lying outside the aforedescribed 24.00 foot wide strip, said 6.00 fo
wide strips lying 3.00 feet on each side of the following descrit lines:
BEGINNING at aforesaid Point "A"; thence North 51'37'34" West, 45.
feet to the POINT OF TERMINUS.
BEGINNING at aforesaid Point "B"; thence South 78'43'02" East, 35.
feet to the POINT OF TERMINUS.
BEGINNING at aforesaid Point 'IC"; thence South 78'43'02" East 35.00 fe
to the POINT OF TEMINUS.
Page 7
Your Ref: County@ San Diego 0 ,*
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BEGINNING at aforesaid Point I'D"; thence South 78"43'02" East, 35.1 feet to the POINT OF TERMINUS.
BEGINNING at aforesaid Point "E"; thence North- 78"43'02" West to ti
Westerly line of aforedescribed County of San Diego land.
Affects Parcel 2.
12. An easement and right of way and incidents thereto for a pub1
as granted to the City of Carlsbad, California in deed record
ortions of Lot B of Rancho Aqua Hedionda, according to Map thereof N> b3, filed in the Office of the County Recorder of said County of Si Die 0, described in deed to the County of San Diego, recorded January I 197f at Recorder's File/Page No. 14190 of Official Records of sa' County of San Diego, described in the following parcels:
Parcel 1:
That portion lying Southerly of a line that is 63.00 feet Northerly I
and parallel with the centerline of Palomar Airport Road, Road Surw 757 on file in the County Engineer's Office of said County and lyii Northerly of the Northerly line of existing said Palomar Airport Roac
Parcel 2:
That portion lying Westerly of a line that is 63.00 feet Easterly of a1
parallel with the centerline of El Camino Real, Road Survey 1800-1 i file in said County Engineer's Office and lying Easterly of the Easter1 line of existing said El Camino Real Road.
Affects Parcel 2.
13. An easement and right of way for road purposes as granted to Cos1 Real Municipal Water District in deed recorded September 23, 1980 i File No. 80-308474, over that portion of Lot "B" of Rancho Agl Hedionda, in the County of San Dieog, State of California, according . Map thereof No. 823, filed in the Office of the County Recorder of Si
Diego County, lying between the Southeasterly and Northeasterly lines 1 Record of Survey No1 7845, filed in the Office of said County Record1 and a line described as follows:
COMMENCING at the most Southerly corner of said Record of Survey NI 7845; thence South 51"47'58'' West, along the Southwesterly prolongatii. of the Southeasterly line of said Record of Survey No. 7845, a distanc
of 55.00 feet to the centerline of Road Survey No. 1800-1, a plat c which is on file in the Office of the County Engineer of said Count)
thence South 38°12'02" East, along said centerline 141.28 feet to tl TRUE POINT OF BEGINNING; thence leaving said centerline, North 38"22'2! East, 480.00 feet to the beginning of a tangent 350.00 foot radius cur\ concave Westerly; thence Northerly along the arc of said curve through
central angle of 81'50'49" a distance of 499.97 feet; thence Nor. 43'28'24" West, 115.00 feet; thence Southwesterly in a direct line to
point distant South 73O17'22" East, 231.59 feet from the most Norther'
Septem h i g hwaij er 6, 1979 as File No. 79-373667 upon, over and across tho
Page 8 0 x\ I .* ,I Your Ref: Count? San Diego .’ Our No.: 332482- !.
corner of said Record of Survey Map No. 7845, said point being the POI OF TERMINIUS.
INCLUDING that portion of Record of Survey No. 7845, lying between sa
350.00 foot radius curve and a line that is 24.00 feet Westerly of a concentric with said 350.00 foot radius curve.
EXCEPTING therefrom that portion lying within Road Survey 1800-1, a p1 of which is filed in the Office of the County Engineer of said Count
Said deed contains certain limitations upon the use of that portion the herein described land lying within said easement.
Affects Parcel 2.
........................................................
NOTE 1: The basic schedule rate will apply to the premium for t policy of title insurance to be issued.
MG:la
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t'
PARCEL 1:
That portion of Lot "B" of Rancho Agua Hedionda, in the City of
Carlsbad, County of San Diego, State of California, according to Map
thereof No. 823, filed in the Office of the County Recorder of San
Diego County, November 16, 1896, described as follows:
COMMENCING at Point 14 of said Lot "B" as designated on said Map No.
823; thence along the boundary of said Lot "B", South 89°54v00" East,
PA -;?4 23.41 feet to the Northeasterly corner of land described in deed to
North County Investments, recorded June 16, 1971 as File No. 12667-3;
thence retracing along said boundary North 89°54'00" West, 23.41 feet
to said Point 14 of Lot "B"; thence along the boundary of said land
of North Count8 Investor's as follows:
feet; South 50 55'35" West 1788.65 feet; South 01°28'24" West, 787.30
feet to the True Puinc of Beginning; thence continuing along said
boundary, South 10°46' 15" West , 1337.68 feet ; thence leaving said
boundary, South 79°13'45" East , 703.35 feet; thence North 30°28'48''
East, 900.00 feet; thence North 30°31'12" West, 800 feet; thence
South 87O45'29" West, 491.59 feet to the TRUE POINT OF BEGINNING.
x
South 54O15'33'' West, 326.48
PARCEL 2:
A non exclusive easement and right-of-way for road purposes over, under,
through and across all that portion of said Lot "B" of Rancho Agua
Hedionda lying within a strip of land 48.00 feet wide, the sidelines
of said strip lying 24.00 feet on each side of the following described
centerline:
COMMENCING at the most Southerly corner of that land described in
P-ircel 1 of deed to Carlsbad Municipal Water District, recorded August 3
1973 at File/Page No. 73-215694 in the San Diego County Recorder's
Office, being also the most Southerly corner of that certain 6.459 Acre
parcel shown on Record of Survey Map No. 7845 filed in said Recorder's
Office on March 8, 1974; thence along the Southwesterly prolongation
of the Southeasterly line of said 6.459 Acre parcel South 51°17'15" West
(Record North 51°25'00'1 East per said R.O.S. 7845) 55.00 feet to a
point on the centerline of El Camino Real, Road Survey 1800-1, a
plat of which is on file in the Office of the County Engineer of
said County; thence along said centerline South 38'42'45" East, (Record
North 33"11'55" West per said R.S. 1800-1) 141.28 feet to Engineer's
Station 329+50.00 thereon, said point being the TRUE POINT OF BEGINNING;
thence leaving said centerline North 37'51'42" East, 480.00 feet to
the beginning of a tangent 350.00 foot radius curve, concave WesterILy;
thence Northerly along the arc of said curve through a central angle of
81'50'49", a distance of 499.97 feet; thence tangent to said curve,
North 43'59'07" West, 172.23 feet to the beginning of a tangent 350.00
said curve through a central angle of 54"45'22" a distance of 334.49
Amended foot radius curve concave Easterly; thence Northerly along the arc of
332482-1)
Page 1 of 2
@' 5: *:** A,- - @ * I,
4
feet; thence tangent to said curve North lO"46'15" East, 518.39 feet
to a point on the Southeasterly line of Parcel 1 hereinabove described
above said point being the Point of Terminus.
PARCEL 3
An easement for the right to construct drainage facilities and also to
drain any portion of Parcel 1 hereinabove described over said easement,
being a portion of Lot "B" of Rancho Agua Hedionda, Map No. 823,
filed in the Office of the County Recorder of San Diego County, State
of California, on November 16, 1896; said easement being 20.00 feet
wide, 10.00 feet on each side of the following described centerline:
COMMENCING at Point 14 of said Lot "B" as described on said Map No. 823,
thence South 44"15'33" West, a disisame of 326.48 feet; thence
South 50"55'35" West, a distance of 1788.65 feet; thence South 01'28'24''
West, a distance of 787.30 feet, said point also being the Northwesterly
corner of said Parcel 1; thence along the Westerly boundary of said
Parcel 1; South lO"46'15" West, a distance of 1337.68 feet, said point
also being the Southwesterly corner of said Parcel 1; thence along the
Southerly boundary of said Parcel 1, South 79'13'45'' East, a distanlze
of 703.35 feet, said point being the Southeasterly corner of said Pi3rcel
thence along the Southeasterly boundary of said Parcel 1; North 30"28'48
East, a distance of 150.00 feet to the centerline of said drainage
easement, said point being the TRUE POINT OF BEGINNING, said point
being also on the arc of a 300.00 foot radius curve concave Northeagterl
a radial line to said curve to said point bears North 52"58'48" East;
thence Southeasterly along the arc of said curve through a central
angle of 34"OO'OO" a distance of 178.02 feet; thence tangent to said
curve South 71"01'12" East, a distance of 375.00 feet to the Point
Amended
332482-D
5/6/8 2 of Terminus.
\
i
__ - .- - - --_ -.
I
* '.
I 0 9 1.
I.
I-
t
.. w. . ,I
. SAM OlfM COVllft ISS€SS@R'$ HAP DK 209 PC 0s MUlPEO FOR ASSfSWElll PWPOftS MLV -
'.,
BOARD 01
TOM Hi
FIRST r
PAUL \n
SECONl CHIEF ADMINISTRATIVE OFFlCE ROGER
THIRD I
JIM BA'
FOURTI
PAUL E
FIFTH I
i 0 0
COUNTY OF SAN DIEG
1600 PACIFIC HIGHWAY SAN DIEGO, CALIFORNIA 921 01
TELEPHONE (714) 236-2722
CLIFFORD W. GRAVES
CHlE F ADMINISTRATIVE OFFICER
June 9, 1982
Frank Aleshire City Manager City of Carlsbad
1200 Elm Avenue
Carlsbad, California 92008
Dear Frank:
Attached is the F.A.A.'s letter, dated June 2, 1982, approving the sale at McClellan - Palomar Airport to the City of Carlsbad. requirement for submission of F.A.A. Form 7460-1 prior to construction.
I have given a copy of the F.A.A. letter to the escrow holder. I understt
the City Council will act during the week of June 14 1982, on a resolutior to accept the Grant Deed. I also understand that the transfer of purchase funds into the County's account No. 113898002 (see my letter of June 1,
1982 also attached) will take place June 29, 1982, so we may close escrow
June 30,1982
If my understanding is incorrect please call me at (714) 565-5224.
Sincerely.,
Please note the
1-
W. DENNIS CARROLL, Assistant Director Sale and Lease Revenue Development Group
WDC: kb
cc: Lew Farias
9 DEP 9 RTMENT OF TRANSPORTATIO
u---.-L
WESTERN REGION
FEDERAL AVIATION ADMINISTRATION
?. 0. BOX 92007. WORLDWAY POSTAL CENTER
LOS ANGLLES. CALIFORNIA 90009
June 2, 1982
Mr. A. C. Waldman, Director
Airports Division
County of San Diego
1960 Joe Crosson Drive
El Cajon, CA 92020
Dear Mr. Waldman:
Re: McClellan-Palomar Airport, Carlsbad, CA; Airport Land for Sale
to the City of Carlsbad Including Access and Drainage Easements
(Your Letter Dated May 6, 1982)
We reviewed the proposal of the County of San Diego, California, to
sell 26.276 acres of Palomar Airport land and to grant access and
drainage easements to the City of Carlsbad for a Public Work Center
which will include fire and police stations.
Since the proceeds from the sale will be used exclusively for develop-
ing, improving, operating and maintaining County of San Diego airports,
and the County will retain an avigation easement over the parcel to be
sold, we do not object to the sale of Parcel 82-0001-A nor the granting
of an easement to Parcels 82-0001-B and 82-0001-C (See Attachment H)
to the City of Carlsbad by the use of the forms furnished by your
letter dated May 6, 1982.
Any proposed construction within the fee sbple and easement areas
requires the submission of FAA Form 7460-1, Notice of Proposed Con-
struction or Alteration.
When the documents are recorded, please furnish this office conformed
copies with the recording data placed thereon.
Sincerely,
LC8& HERMAN C. BLISS
Chief , Airports Division
Enclosure x .-.
*
BOAHD OF
row HA
FIRST D
PAUL W
Bk) @ I./ **
SLCONO
COUNTY OF SAN DIEGO
ROGER
T"1"D "
JIM BAl
FOURTW
PAUL E
r 81. Tn c
CHIEF ADMINISTRATIVE OFFICE
1600 PACIFIC HIGHWAY SAN DIEGO, CALIFORNIA 92101
TELEPHONE (714) 236-2722
CLIFFORD W. GRAVES
CH 1 EF A DM1 N ISTR AT IVC OFF ICE R
June 1, 1982
Frank Aleshire City Manager
City of Carl sbad
1200 Elm Avenue Carlsbad, California 92008
Dear Frank:
Enclosed for your file is a signed copy of the Purchase and Sale Agreerner
and Escrow Instructions between the City and the County of San Diego.
The County's escrow holder is Lew Farias in the Facility and Real Proper'
Division, Department of General Services. His phone number is (714)
Please arrange to have the funds transferred from the City's bank by win
Instruct your bank to transfer the appropriate amount into the County's account No. 113898002 at the First Interstate Bank of California, San Dil
Main Office. The contact person is Bonnie Clifford dt (714) 231-2148.
Instruct your bank to quote immediate advice to Kay Chandler at the Coun Treasurers Office. Her phone number is (714) 236-3746.
565-5197.
1- DENNIS CAROLL, Assistant Director
Sale and Lease Revenue Development Group
D@:kb e or, %
9 r(l
On May 11, 1982, Board Order No. 49, the Board of Supervisors set the hearing for the sale of Palomar Airport property to the City Carlsbad, Parcel No. 82-0001-A, on May 25, 1982, at 1O:OO a.m., and t being the time set for hearing, evidence being on file that due and
proper notice has been given as required by law, the matter is now ei
No. 189 COUNTY' CONTRACT NO. 18499F
ON MOTION of Supervisor Eckert, seconded by Supervisor Hamilton,
the Board of Supervisors closes the hearing on consummation of purch;
of real property, Parcel No. 82-0001-A, City of Carlsbad, Vendor, to1
price $2,000,000, being a 26.276 acre portion of Palomar Airport; fir
the property no longer required for County use and surplus to County finds sale categorically exempt from the environmental review proces: waives Board Policy €3-37, Use of Capital Outlay Fund; directs that tl
$2,000,000 received from the sale be deposited in the Airport Enterp
Fund; approves and authorizes exectuion of the Purchase and Sale Agri authorizes and directs the Chief Administrative Officer to take the necessary actions to complete the sale, contingent upon consent to s
by ithe Federal Aviation Administration.
__.- t
Roll call on the foregoing motion results in the following vote
AYES: Supervisors Hamilton, Fordem, Bates and Eckert NOES: Supervisors None ABSENT: Supervisor Hedgecock
No. 190
the Board of Supervisors authorizes execution of the Grant Deed for Palomar Sale, Parcel 82-0001-A,B,C, City of Carlsbad, Vendor.
--
ON MOTION of Supervisor Eckert, seconded by Supervisor Hamilton
.
Roll call on the foregoing motion results in the following votd
AYES: Supervisors Hamilton, Fordem, Bates and Eckert
NOES: Supervisors None ABSENT: Supervisor Hedgecock
,. ---
ss. STATE OF CALIFORNIA )
County of San Dlego )
1, PORTER D. CREMANS, Clerk of t.he Board of Supervisors of the of San Diego, State of California,.hereby certtfy that I have compa
foregoing copy with the original order adopted by said Board at af
meeting thereof held May 25, 1982 , by the vote therein stat which original order is now on file in my office; that the same con
a full, true and correct transcript therefrom and of the whole ther
Witness my hand and the seal of said Board of Supervisors, thi
day of, May, 1982. &
PORTER c I eGoys D. CREMANS
By ona rum le
DeP -! ,r ~
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