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HomeMy WebLinkAbout1982-04-13; City Council; 6964; Purchase of County Landf/ CIT\ JF CARLSBAD - AGENDA JILL AR# £ 9 * V MTG. 4/13/82 DEPT. CM TITLE: PURCHASE OF COUNTY LAND DEPT. HD. y CITY ATTY 9^ ^ CITY MGR. ^tL cca.a. RECOMMENDED ACTION: Approve purchase and sale agreement with county for acquisition of 26 acres adjacent to Palomar Transfer Station and authorize Mayor to sign final documents. ITEM EXPLANATION; The City has been negotiating for acquisition of 26 acres of county land to be used for the construction of a central police station and city field operations center. The latest proposal submitted by county staff contains the following conditions: 1. Purchase price $2,000,000 for 26 acres. ($76,923 per acre) 2. City to process a general plan amendment to change the land use from Open Space to Planned Industrial. 3. City and County to share the cost of EIR ($15,000). 4. County to build El Camino Real full 1/2 width within 2 years. 5. City to build Palomar Airport Road to full 1/2 width. 6. City and County to share cost of constructing Los Monos Road from El Camino Real to the property. These conditions have not yet been approved by Board of Supervisors. Any changes will be returned to Council. FISCAL IMPACT: Council has appropriated $2,736,045 for this project in 1981-82 CIP. The cost of construction on Palomar Airport Road will be around $130,000 which may be charged to Public Facilities Fund, or an assessment district if not covered by future development of Bressie Ranch. .-> The cost of El Camino widening including median is $180,000. The cost of acquisition and construction of Los Monos Road is unknown. That project will have to be negotiated with Beckman EXHIBITS: Area Map Sale and Escrow Agreement O B PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS BETWEEN COUNTY OF SAN DIEGO AND THE CITY OF CARLSBAD It ;i" ry"T< TABLE OF CONTENTS Page 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 PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS This Agreement is made as of the _ day of ' 1982, by and between the COUNTY OF SAN DIEGO, California, a political subdivision ("Seller") and THE CITY OF CARLSBAD, California, a municipal corporation ("Buyer"). A. Seller owns a parcel of real property (The "Property") in the ' . ' 1 .'• ' ' . '...';•. 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 terms and conditions set forth herein. NOW, THEREFORE, Seller and Buyer hereby agree as follows: *• Agreement of Sale/Price and Terms (a) Seller hereby agrees to sell and Buyer hereby agrees to buy the Property for the sum of Two Million Dollars. The purchase price shall be paid by the deposit of $2,000,000 into the escrow described in Paragraph \ 2 hereof in time to permit the closing thereof at the scheduled closing date. . (b) Buyer agrees, without warranty as to results, to: (1) process a request for a General Plan Amendment to change the land use .designation of Palomar Airport property, owned by Seller, adjacent to the Property and east of El Camino Real in Carlsbad, Carlsbad, California, from "Open Space" and "Government" to "Planned Industrial" and (2) to process a request for a zoning change to modify the zoning of Sellers said property from the current Open Space zone to a planned industrial zone. Seller 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 developer of Sellers adjacent property. Seller also agrees to provide a 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 impact report necessary for Buyer development of the Property and the zoning change request. (c) Buyer also agrees without warranty as to results, to process a modification of Conditional Use permit No. 140 (C.U.P. 140) to: (1) eliminate requirement No. 9 which provides for an equestrian trail over i Palomar Airport property, (2) to modify requirement No. 10 to provide only 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. (d) Seller agrees to fund from the proceeds of this sale and construct, or cause to be constructed, full one-half improvements on a 126 foot right-of-way along Seller's frontage on El Camino Real. Work shall be commenced within two years, unless an earlier demand is made by City, and shall be completed as quickly as feasible. (e) Buyer agrees to fund and construct, or cause to be constructed, full 1/2 street improvements on a 126 foot right-of- way along Seller's frontage on Palomar Airport Road. (f) Seller agrees to participate with Buyer in development of planned Los Monos Drive by funding, from the proceeds of this sale, one-half the reasonable cost of acquiring and constructing Los Monos Drive from El Camino Real to the easterly boundaries of the Property and Sellers adjacent parcel known as Parcel No. 82-0002-A1. Buyer shall use its best efforts to acquire right-of-way for said Los Monos Drive development. Seller shall provide right-of-way for that portion which is constructed on Parcel No. 82-0002-A1, which said portion shall not exceed one-half the total right-of-way width. 2. Escrow Closing (a) Upon approval of this Agreement by both parties, the original of the Agreement shall be deposited with Seller who shall act as Escrow Holder. Escrow Holder shall open an escrow and shall promptly take those steps necessary to complete the purchase and sale herein contemplated. Escrow Holder is hereby authorized and instructed to act in accordance with the provisions of this Agreement which shall constitute Escrow Holder's 3 -7 escrow instructions. Seller and Buyer shall each deposit such other deeds, instruments and funds as are necessary to close the Escrow and complete the sale and purchase of the Property in accordance with the terms hereof. (b) This escrow is scheduled to close within thirty days after the approval of this Agreement by the Board of Supervisors and the City Council. Time is specifically a matter of essence with respect to the closing and the closing date may not be extended except by mutual consent of the parties. 3. Closing Costs / Seller shall pay all costs, if any, to obtain a waiver after a parcel map,0 •-•'.•'. • - - certificate of compliance or other action necessary to establish the Property as a legally conveyable parcel of property. Buyer shall pay the • . ' . • " ^ :••' • cost of title insurance. Seller shall pay any additional costs of naming Seller as an additional insured on the title insurance policy. There shall • be no escrow fees. 4.: Title (a) Seller agrees to convey title to Buyer and Buyer agrees to accept title from Seller as provided in this section. Attached hereto as Exhibit "B" and by this reference incorporated herein is a preliminary title report number 332482-B, dated February 3, 1981 from Land Title Insurance *rj Company which covers the Property.Seller agrees to convey title to the Property to Buyer subject only to those exceptions set forth in said — preliminary title report which affect the Property. Immediately after the opening of escrow, Buyer shall obtain a current preliminary title report from Land Title Insurance Company showing the state of title to the Property. Buyer shall have the right to disapprove any exception shown on such report that is not shown on the report attached hereto as Exhibit "B". In the event Buyer objects to any such additional exceptions and Seller is unable to eliminate such exceptions, Buyer shall have the right either to waive its objection to such exceptions and close the escrow subject to such additional exceptions or to terminate the escrow and all of its liabilities hereunder. . (b) Seller warrants that there are no oral or written leases on all or any part of the Property exceeding a period of one month, and Seller 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 held 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 of the Property for City facilities including but not limited to police, fire vehicle maintenance, water utilities; street maintenance, parks and other similar facilities except as provided in the avigation easement reserved by Seller in the Grant Deed attached as Exhibit "C". (d) At the closing Seller shall deposit into the escrow the Grant Deed, attached hereto as Exhibit "C" and by this reference incorporated herein, fully executed and in recordable form, sufficient to convey to Buyer fee title to the Property. Said deed shall recite that title is conveyed subject to: (i) Non-delinquent real property taxes and special assessments, if any; and (ii) Other liens/ leases easements, encumbrances, covenants, conditions and restrictions and other matters of record set forth in subparagraph 4(a) above or which may be approved by Buyer in accordance with subparagraph 4(a) above. (e) At the close of escrow and as a condition thereto, Land Title 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 its designee, subject only to the exceptions approved by Buyer pursuant to subparagraph 4(a) above and to non-delinquent real property taxes, special assessments and reservations of easements referred to in subparagraph 4(d) above. Seller shall be named as an additional insured on said policy. (f) Seller agrees to monument and stake the Property at no cost to Buyer and to furnish Buyer with recocrd of survey within three months of 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 an access and public utility easement and the drainage easement referred to in subparagraph 5(a). Said deed shall be in the form attached hereto as Exhibt "C" and by reference incorporated and shall be fully executed and in recordable form for conveying such easement to Buyer. 6 (b) Seller further agrees to grant Buyer an easement to construct drainage structures on Sellers adjacent property. Said easement shall be in the form attached hereto as Exhibit 'c' . (c) Buyer may also need easements including the right to install, develop and maintain public or private streets, sidewalks, sewers, lighting, curbs, gutters, drainage easements, water, electricity and natural gaslines and facilities, > telephone and other communications lines and facilities and other utilities in, on and under such portions of the Adjacent Property as may be reasonably required, based upon and in accordance with (i) good and prudent development standards and (ii) consistent with Buyer's plans for use and development of the Property, to provide access and utility services to the Property. If in Buyer's judgment such additional easements are reasonably required, Buyer may request Seller to grant such easements. Seller shall not unreasonably refuse to grant such easements. (d) Seller further recognizes that Buyer may need temporary grading and construction easements, slope easements and easements for support at the points where the Property and the Adjacent Property owed by Seller are contiguous to such degree as may be reasonably required, based upon and in accordance with (i) good and prudent development standards, and (ii) consistent with Buyer's plans for use and development of the Property, to develop the Property. If in Buyer's judgment such easements are reasonably required, Buyer may request Seller to grant such easements. Seller shall not unreasonably refuse to grant such easements. (e) Seller agrees that if (i) Buyer requires fill material to develop the Property, (ii) such material is reasonably available from the Adjacent Property owned by Seller, and (iii) such material is not reasonably necessary for use by Seller in connection with the development of the Adjacent Property, Buyer may request consent from Seller to take such fill material from the Adjacent Property. Seller shall not unreasonably withhold its consent. Seller recognizes that Buyer may need to deposit fill material from the Property on the Adjacent Property. If in Buyer's judgment such deposit is reasonably necessary in order to develop the Property Buyer may request consent from Seller to make such deposit. Seller shall not unreasonably withhold its consent. The location, amount and designation of any fill material to be taken from the Adjacent Property and of any fill material to be deposited on the Adjacent Property shall be subject to the mutual agreement of the parties based upon (i) Buyer's plans for the use and development of the Property and (ii) good, prudent and normal development standards. Any removal of material from the Adjacent Property or deposit of material on the Adjacent Property shall be subject to satisfaction by Buyer of all ordinances providing for environmental review and the regulation of grading activity. The cost of taking or depositing fill 7a material and of any related work including but not limited to erosion control shall be paid by Buyer. (f) Buyer recognizes that Seller may need the easements and other rights in subsections (a) through (e) inclusive of this paragraph over the Property in order to develop Seller's Adjacent Property. Seller may request such easements and other rights subject to the same standards and limitations that apply to Buyer in said subsections and Buyer shall not unreasonably refuse to grant them. (g) With the exception of the easements to be conveyed by Exhibit C, the provisions for easements and other rights contained in subsections (a) through (f) inclusive of this paragraph shall expire and the parties rights thereunder shall terminate five years from the date of this Agreement. 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 of 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. 7b 7. Comm i s s ion s Buyer and Seller each represent to the other that they have not entered into any agreement or incurred any obligation which might result in the obligating of the other party to pay a sales or brokerage commission or finder's fee on this transaction and agree to indemnify, defend and hold 7c each other harmless in the event such representations shall prove to be untrue. 8. Attorney's Fees In the event of any action between Buyer and Seller seeking enforcement of any of the terms and conditons of this Agreement, or in connection with 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 personal delivery to Seller or Buyer, as the case may be, or three business days " • - . • f r •:""•"' -after deposit in the United States mail, 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 designate in writing. 10. Entire Agreement - Amendments This Agreement and the items incorporated herein contain all of the agreements of the parties hereto with respect to the matters contained herein, and or prior agreement or understanding pertaining to any such 8 matter shall be effective for any purposes. No provisions of this Agreement may be amended or modified in any manner whatsoever except by an agreement in writing signed by duly authorized officers of each of the parties hereto, except that any modifications which relate to the adjustment of time 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 r • . *- -. - binding upon and shall inure to the benefit of the heirs, executors, administrators and assigns of the respective parties hereto. 12. Assignment • : "- ' • " ' '' ":•-• r .-:••-• --''-,''.• Buyer may not assign its rights hereunder without the prior written consent of Seller. 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 be considered a waiver of any other covenant, condition, or promise. The waiver by either or both parties of the time for performing any act shall not be considered a waiver of any other act or an identical act required to be performed at a later time. The exercise of any remedy provided in this Agreement shall not be a waiver of any consistent remedy provided by law, and the provisions in this Agreement for any remedy shall not exclude other 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. Captions and organizations are for convenience and shall not be used in construing meaning. 16. Survival This Agreement shall survive the close of escrow and shall remain a binding contract between the parties hereto. 17. Time . . • Time is of the essence of this Agreement, it being understood that 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 the parties* 10 EXHIBITS EXHIBIT A Legal of Property EXHIBIT B Title Report EXHIBIT C Grant Deed - Including Access Easement, Drainage Easement, Avigation Easement. EXHIBIT A Parcel No. 82-0001-A (1-4-82) (WAR:RH:ab) All 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 said County November 16, 1895, lying within the land described in deed to said County of San Diego, recorded January 18, 1974, at File/Page No. 74-014190 in sa^d Recorder's Office, described as follows: Commencing at the Northeasterly corner of said County of San 'Diego land; thence North 89°54'00" 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 54°15'33" West, 326.48 feet; thence South 50°55'35" West, 1788.65 feet; thence South Ol°28'24" West, 787.30 feet to the TRUE POINT OF BEGINNING; thence continuing along said boundary, South 10°45'15" West, 1337.68 feet; thence leaving said bound- ary.South 79°13'45" East, 703.35 feet; thence North 30°28'48" East, 900.00 feet; thence North 30°3T12" West, 800.00 feet; thence South 87°45'29" 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 public utility 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 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 38 42'45" East, (Record North 33 11'55" West per said R.S. 1800-1) 141.28 feet to Engineers' Station 329+50.00 thereon, said point being the TRUE POINT OF BEGINNING: thence leaving said centerline North 37 5T42" 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 cental 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 foot radius curve concave Easterly; thence Northerly along the "arc of said curve through a central angle of 54 45'22" a distance of 334.49 feet; thence^tangent to said curve North 10 46'15" East, 518.39 feet to point on the Southeasterly line of Parcel No. 82-0001-A described above, said point being the POINT OF TERMINUS. - • . Exhibi t "A" (Cont inuccl) PARCEL NO. 82-0001 -,C Drainage Easement An casement for the right to construct drainage facilities and also to drain any portion of Parcel No. 82-0001-A over said easeriient, being a portion of Lot "B" of Rancho Agua Hediondp, Map Mo. 823, filed in the Office of the County Recorder of San Diego County, State of California, on November 16, 1896. Said easement being 20 feet wide, 10 feet on both sides of, measured at right angles to, the following described centerline. Commencing at Point 1k of said Lot "B" as described on said Map No. 823, thence South 5'j°15'33" West, a distance of 326. W feet;- thence South 50°55'35" West, a distance of 1788.65 feet; thence South 01°28'2V' West, a distance of 787-30 feet, said point also being the most northwesterly corner of said 'parcel. Thence along 'the westerly boundary of said parcel, South 10 A6'15" West, a distance of 1337-68 feet, said point also being the most southwesterly corner of said parcel Thence along the southerly boundary of said parcel South 79 13'^5" East, a dis- tance of 703-35 feet, said point being the most southeasterly corner of said parcel. Thence along the most southeasterly boundary of said parcel, North 30°28'W East, a distance of 150 feet more or less to the centerline of said drainage easement, said point being the TRUE POINT OF BEGINNING, and being a point on the arc of a 300 foot radius curve concave northeasterly. Thence southeasterly along the,arc of said curve through a central angle of 3'f 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 terminus of said easement. -2- EXHIBIT PRELIMINARY TITLE REPORT TO BE ATTACHED BY COUNTY AND WHEN RECORDED MAIL TH'S DEED AND. UNLESS OTHER WISE SHOWN tlcLOW, HAIL JJVX STATEMENTS TO: NAME' CITY OF CARLSBAD ADORES 1200 ELM AVENUE „ CARLSBAD CA 92003OTYSTATE2IPL Title Order No. J Escrow No. EXHIBIT C SPACE ABOVE THIS LINE FOR RECORDER'S USE GRANT DEED The undersigned declare? that the documentary transfer tax is S \:.\.r. nnd is [~l computed in the full value of the interest or properly conveyed, or is [~l computed on the full value less the value of liens or encunit>ranec.s remaining thereon at the time of sale. The land, tenements or really is located in n unincorporated area [t£ city of Cs.r..l.5.ba.d. and ' FOR A VALUABLE CONSIDERATION, receipt of- which is hereby acknowledged, County of San Diego . , hereby-GRANT(S) to the City of Carlsbad, a Municipal Corporation, the following described parcel, road and drainage easements in i the following described real property in the City of Carlsbad county of San Diego , state -of "California: See Exhibit "£" for Parcel No, 82-0001-A, roadway and drainage easements' legal description attached hereto and by this reference made a part hereof, all as shown for convenience sake on Exhibit '5L" attached hereto. Reserving to County of San Diego the easement described on Ebdiibit $ attached hereto and by this reference made a part hereof. Dated- Clerk of the Board nf Sunprvi<;nrc; STATE OF CALIFORNIA) COUNTY OF SAM DIEGO)ss. On this day of in the year 198 , before me, ", County Clerk and ex-officio Clerk of the Superior Court of the County of San Diego, personally appeared 5 known to me to be the Clerk of the Board of'IJupervisors of said County, and known to me to be the person who •executed the within instrument on behalf of said County, and acknowledged to me that such County executed the same. ROBERT D. ZUMWALT, County Clerk and Ex- Officio Clerk of the Superior Court -. . EXHIBIT "/ -— ^- PARCEL NO. 82-0001-A All 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 Mo. 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, 1971*, at File/Page No. 7*1-01^190 in said Recorder's Office, described as follows: Commencing at the Northeasterly corner of said County of San Diego land; thence North 89°5VOO" West, 23.;H feet to Point 1A of said Lot "B" as shown on said Map 823; thence along the boundary of said County land, South 5*1 15'33" West, 326.^8 feet; thence South 50°55'35" West, 1788.65 feet; thence South 01°28'2>4" West, 787.30 feet to the TRUE POINT OF BEGINNING; thence continuing along said boundary, .South 10°*t6l15" West, 1337.68 feet- thence leaving, said boundary, South 79°13'1t5" East, 703-35 feet; thence North 30 28'*;8" East, 900.00 feet; thence North 30°3T12" West, 800.00 feet; thence South 87°*i5'29" West, *i91-59 feet to the TRUE POINT OF BEGINNING. PARCEL NO. 82-0001-B A non exclusive easement and right-of-way for.road and public utility purposes over, under, through and across all that portion.of said Lot "B" of Rancho Agua Hedionda lying within a strip of land ^8.00 feet wide, the sidelines of said strip lying 2^.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. 73~21569*l in the San Diego County Recorder's Office, being also the most Southerly corner of that certain 6.'i59 Acre parcel shown on Record of Survey Map No. 78^5 filed in said Recorder's Office on March 8, 197*t; thence along the Southwesterly prolongation of the Southeasterly line of said 6.^59 Acre parcel South 51°17'15" West (Record North 51°25'00" East per said R.O.S. 78*»5) 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 38Oi42''i5" East, (Record North 33°11'55" West per said R.S. 1800-1) 1^(1.28 feet to Engineer's Station 329+50.00 thereon, said point being the TRUE POINT OF BEGINNING; thence leaving said centerline North 37051''<2" East, '(80.00 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 8l°50'*t9", a distance of 1+99-97 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 5^°^5'22" a distance of 33^-^9 feet; thence tangent to said curve North 10°^6'15" East, 518.39 feet to point on the Southeasterly line of Parcel No. 82-0001-A described above, said point being the POINT OF TERMINUS. Exhibit '» (Continued) PARCEL NO. 82-0001 -.C Drainage Easement An easement for the right to construct drainage facilities and also to drain any portion of Parcel No. 82-0001-A over said easement, being a portion of Lot "B" of Rancho Agua Hedionda, Map Mo. 823, filed in the Office of the County Recorder of San Diego County, State of California, on November 16, 1896. Said easement being 20 feet wide, 10 feet on both sides of, measured at right angles to, the following described centerline. Commencing at Point 1 *t of said Lot "B" as described on said Map No. 823, thence South 5Z>°15'33" West, a distance of 326. W feet; thence South 50°55'35" V/est, a distance of 1788.65 feet; thence South 01°28'2V West, a distance of 787-30 feet, said point also being the most northwesterly corner of said 'parcel. Thence along the westerly boundary of said parcel, South 10 46' 15" West, a distance of 1337-68 feet, said point also being the most southwesterly corner of said parcel Thence along the southerly boundary of said parcel South 79 13'^.5" East, a dis- tance of 703-35 feet, said point being the most southeasterly corner of said parcel. Thence along the most southeasterly boundary of said parcel, North 30°28'A8" East, a distance of 150 feet more or less to the centerline of said drainage easement, said point being the TRUE POINT OF BEGINNING, and being a point on the arc .of a 300 foot radius curve concave northeasterly. Thence southeasterly along the arc of said curve through a central angle of 3^ OO'OO" a distance of 178.02 feet; thence tangent to said curve South 71°OP12" East, a distance of 375-00 feet to the terminus of said easement. -2- & s--ta/s':&" \ \^.x^>. V»; cMy/U]~\~-—) '— •/° -^ '.:••/''-. v::.> •HI Reserving to the County of San Diego, a political Subdivision of the State of California, hereinafter called "Grantor", an 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, dust, fuel particles, and other effects as may be caused by or result from the operation of aircrat within said air space provided the operation is in complaince with appliable laws and regulations; it being understood and agreed that Grantor intends to maintain and devleop Palomar Airport in such a manner that said airport and the easement reserved hereby will be used at all times and by every type of aircraft which is now in existence or which may be developed in the future for both commerical and noncommerical flights; and Grantee, for Grantee and the successors in interest and assigns 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 arising out of the reasonable, non- negligent operation of aircraft in said air space; 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 Grantor 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, and passage over Grantee's property for the purpose of effecting and maintaining 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, demolishing or lowering and allow Grantee reasonable time to perform. THE TERM "aircraft" is defined for the purposes of the Deed as any contrivance now know or hereafter invented, designed, or used for navigation or flight in air or space. UNLESS PRIOR APPROVAL IS GIVEN BY GRANTOR or its successor and 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 to encroach upon or extend into said easement and right-of-way, and that neither they nor any of them will 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 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.