HomeMy WebLinkAbout1986-07-15; City Council; 8699; ACCEPTANCE OF A GRANT DEED FOR VARIOUS EASEMENTSACCEPTANCE OF A GRANT DEED FOR VARIOUS EASEMENTS ~~~.07/f5/86
Adopt Resolution No, aF.3 accepting a Grant Deed for
easement for public street and highway purposes over a porti
of Jefferson Street and Marron Road, relinquish access righ in and to portions of Jefferson Street and Marron Road, a
easement for public utility purposes and an easement f
traffic signal facilities and maintenance.
Adopt Resolution No. 8&gy authorizing the City Clerk
process a Subordination Agreement,
ITEM EXPLANATION
As a condition to the approval of Specific Plan No. 187, t
developer is required to dedicate right-of-way for stre
purposes and relinquish access rights in and to portions
Jefferson Street and Marron Road (except for approved accE
points as shown on Specific Plan No. 187).
The developer is also required to upgrade the traffic sigr
at the intersection of Jefferson Street and Marron Road whi
necessitated granting an easement for traffic sigr
facilities and the maintenance thereof.
Due to the need for underground facilities to serve
proposed development, a public utilities easement is a
being granted,
In order that the developer be able to grant these easemei
"free and clear of all liens and encumbrances,"
subordination agreement has been required to be recor
concurrently with the grant deed.
43 ud FISCAL IMPACT 7 0 ce Requiring dedications as a condition of development will s
the City expenses in the future for right-of-way acqui a a 4
.. z EXHIBITS 0 6 1. Location Map
4 2. Grant Deed dated June 3, 1986. 0 z
3 3. Subordination Agreement dated June 3, 1986 0 0
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Page 2 of Agenda Bill No. f&$7
4. Resolution No. %f 3 accepting a Grant Deed for
easement for public street and highway purposes over
portion of Jefferson Street and Marron Road, relinqui
Marron Road, and easement for public utility purposes E
an easement for traffic signal facilities a
maintenance.
access rights in and to portions of Jefferson Street a
5. Adopt Resolution No. 86FL authorizing the City Cle
to process a Subordination Agreement.
\t
'PROJECT NAME: PROJ. IEX
j NORTH COUNTY PLAZA , ~~187, NO.
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8683 RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, ACCEPTING A GRANT
DEED FOR VARIOUS EASEMENTS.
WHEREAS, Hughes North County Associates, a Ge
Partnership, has submitted a Grant Deed conveying an eas
to the City of Carlsbad for public street and highway pur
and relinquishes access rights in and to portions of C
Road and Jefferson Street, an easement for public ut
purposes and an easement for traffic signal facilitie
maintenance; and
WHEREAS, the City Council of the City of Carlsb:
determined it to be in the public interest to accept
Deed;
NOW, THEREFORE, BE IT RESOLVED by the City Council (
City of Carlsbad, California, as follows: I
1
~ City of Carlsbad
1. That the above recitations are true and correct.
2. That the Grant Deed from Hughes North [
Associates, dated June 3, 1986, conveying an easement i
for public street and highway purposc
relinquishes access rights in and to portions of Marroi
and Jefferson Street, an easement for public utility pu
and an easement for traffic signal facilities and maint
which is on file with the City Clerk and is incorporated
by reference, is accepted.
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3. That the City Clerk is authorized to caus
original Deed to be recorded in the Office of the
Recorder of San Diego County, State of California, wi (1
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appropriate Certificate of Acceptance attached.
PASSED, APPROVED AND ADOPTED at a regular meeting of
Carlsbad City Council held on the 15th day of jUly
1986 by the following vote, to wit:
AYES: Council Members Casler, Lewis, Kulchin, Chick and
NOES: None
ABSENT: None
X-dL
I MARY HdCASLER, Mayor
ATTEST:
It*. 2-
ALETHA L. RAUTENKRANZ, City+lerk
(SEAL)
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- City Clerk
City of Carlsbad
AND WHEN RECORDED MAIL TO
Name r 1
_I ;?e 1-
Street City Clerk
Address 1200 Elm Avenue
City Carlsbad, CA 92008
SPACE ABOVE THIS LINE FOR RECORDER’S
Street
City
Address
-I ;Ye L
COMPUTED ON FULL VALUE OF PROPERTY CONVEYED,
ORCOMPUTED ON FULLVALUE LESS LIENSAND
ENCUMBRAN S REMAININGATTIMEOFSALE. -6 Signature of Dec ra r Agent determining tax. Firm Name
n wn 10 me to be one
of the partners of
the partnership that Cxccukd the within inslrumenl and gc-
the partnership first above named, that said partnership cxe-
wted the samyas a partner of m3FS IPWSD%?ns
and *ha! said Idst named partnership executed the samea
WflNES m fiand and offic* 7 pal.
Signature (1’ Itihdnc.f ,
RBg%*&- JAs%CihW .x
‘i r s
J ‘
J E know’edged 10 me that they executed the same as partners of
. .I
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; (,< ,[A. y \I’c ; .-L-
Y /* $,y j-7.
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SIGNATURE PAGE TO PARTNERSHIP GRANT DEED DATED JUNE 3, 1986
HUGHES NORTH COUNTY ASSOCIATES, a California general partnership
BY: HUGHES INVESTMENTS, a California general partnership, General Partner
By : 92/& +~zcZgl--.-
William W. Hughes; Jrdgeneral’partner
kT fFT By : ‘J J 3
Thomas H. Purcell, general partner
BY: LAGOON VIEW INVESTMENTS CO., a California general partnership,
General Partner
By :
,
&Ci L’W 2-L By :
Fred A. Bartman, Jr., general part&
I
By : -& cz,[A f-7- JL L LL -q‘J+-ur,, )/[
By : ./ZL/5$ /&---- /, )
Fred A. Bartman as‘Trustee under the Residuary Trust
established under the will of William S. Bartman, deceased,
general partner 7 j. Y
Fred A. Bartman as Trustee under the Marital Trust
established under the will of William S. Bartman, deceased,
general partner
a e
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
ss.
On this 4th day of June, 1986, before me, JOHN W. BARTMAN,
Notary Public in and for said state, personally appeared HARR
J.L. FRANK-, JR., FRED A. BARTMAN, JR. and FRED A. BARTMAN, JR. a
Trustee under both the MARITAL TRUST and RESIDUARY TRUS
established under the will of William S. Bartman, deceased, know
to me to be four of the general partners of LAGOON VIE
INVESTMENT CO., the partnership that executed the writte
instrument, said partnership being known to me to be one of th
general partners of HUGHES NORTH COUNTY ASSOCIATES, th
partnership that executed the written instrument, an
acknowledged to me that said HARRY J.L. FRANK, JR., FRED A
BARTMAN, JR. and FRED A. BARTMAN, JR. as trustee under both th
MARITAL TRUST and RESIDUARY TRUST established under the will o
William S. Bartman, deceased, executed same as such partners an
that said partnership first above named executed the same as
partner of HUGHES NORTH COUNTY ASSOCIATES, a general partnershi
and that said last named pertnership executed the same.
WITNESSyy hand and official seal.
NOTARY PUBLIC - GALIFmMA
LOS ANGELES COUNTY /&' 0 If - .Ad 1
J n W. Bartman
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EXHIBIT A 8 533-84- 09 SHEET 1 OF
5/7/86
LEGAL DESCRIPTIONS OF EASEMENT FOR PUBLIC STREET AND HIGHWAY PURPOSES IN
MARRON ROAD AND JEFFERSON STREET, AND RELINQUISHMENT OF ACCESS RIGHT IN AND 1
PORTIONS OF MARRON ROAD AND JEFFERSON STREET, EASEMENT FOR PUBLIC UTILITIES
PURPOSES AND EASEMENT FOR TRAFFIC SIGNAL FACILITIES AND MAINTENANCE, IN THE
CITY OF CARLSBAD
THOSE PORTIONS OF LOTS 32 THROUGH 36, INCLUSIVE OF HOSP EUCALYPTUS FORE! COMPANY'S TRACT NO. 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE (
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1136, FILED IN THE OFFICE OF TI
COUNTY RECORDER OF SAN DIEGO COUNTY ON JUNE 8, 1908, BEING MORE PARTICULAR1
DESCRIBED AS FOLLOWS:
PARCEL 1 - EASEMENT FOR PUBLIC STREET AND HIGHWAY PURPOSES (SEE EXHIBIT "1")
BEGINNING AT THE NORTHWEST CORNER OF THAT EASEMENT FOR ROADWAY PURPOSES
GRANTED TO THE CITY OF CARLSBAD IN DOCUMENT RECORDED JUNE 8, 1971 AT FILE/PAI 129900 IN SAID COUNTY RECORDER'S OFFICE; THENCE NORTH 39'31'14" EAST, 175.80
FEET TO A POINT HEREINAFTER REFERRED TO AS POINT #1, SAID POINT BEING ON A
NON-TANGENT 758.00 FOOT RADIUS CURVE CONCAVE EASTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 73'16'27" WEST (RECORD NORTH 73'16'53" WEST PER DOCUMENT
NO. 129900) FROM THE RADIAL CENTER OF SAID CURVE; THENCE SOUTHERLY ALONG THE
ARC OF SAID CURVE 44.68 FEET, THROUGH A CENTRAL ANGLE OF 3'22'39"; THENCE
TANGENT TO SAID CURVE SOUTH 13'20154" WEST, 29.18 FEET TO THE BEGINNING OF A
TANGENT 200.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE SOUTHERLY ALONG THI
ARC OF SAID CURVE 73.92 FEET THROUGH A CENTRAL ANGLE OF 21'10'37"; THENCE
TANGENT TO SAID CURVE SOUTH 7'49'43'' EAST, 121.36 FEET TO THE BEGINNING OF A
TANGENT 537.68 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE SOUTHERLY ALONG TH1
ARC OF SAID CURVE 57.68 FEET, THROUGH A CENTRAL ANGLE OF 6'08'47" TO A POINT
OF TANGENCY; THENCE SOUTH 13'58'30" EAST, 109.00 FEET TO A POINT HEREINAFTER
DESCRIBED AS POINT #2; THENCE CONTINUING SOUTH 13'58'30'' EAST, 61.10 FEET TO
THE BEGINNING OF A TANGENT 425.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY;
THENCE SOUTHERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE 230.75 FEET
THROUGH A CENTRAL ANGLE OF 31'06'30" TO A POINT ON THE NORTHEASTERLY LINE OF
MARRON ROAD, AS GRANTED TO THE CITY OF CARLSBAD BY DEED RECORDED IN THE OFFIi OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON DECEMBER 23, 1976 AT FILE/PAGE
76-431713; THENCE ALONG SAID NORTHEASTERLY LINE NORTH 45°05'00" WEST (RECORD
NORTH 45'04'16" WEST PER DOCUMENT NO. 76-431713), 1.76 FEET TO THE BEGINNING
OF A TANGENT 557.76 FOOT (RECORD 558.00 FOOT PER DOCUMENT NO. 76-431713)
RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID
CURVE 302.83 FEET, THROUGH A CENTRAL ANGLE OF 31'06'30" (RECORD 302.72 FEET,
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EXHIBIT A SHEET 2 OF
THROUGH A CENTRAL ANGLE OF 31'04'59", PER DOCUMENT NO. 76-431713); THENCE
TANGENT TO SAID CURVE NORTH 13'58'30" WEST (RECORD NORTH 13'59'17", PER
DOCUMENT NO. 76-431713), 100.00 FEET TO THE BEGINNING OF A TANGENT 557.68 FO(
RADIUS CURVE (RECORD 558.00 FOOT, PER DOCUMENT NO. 76-431713) CONCAVE
CENTRAL ANGLE OF 14'17'17"
76-431713), 82.00 FEET TO THE BEGINNING OF A NON-TANGENT 639.68 FOOT (RECORD
640.00 FOOT, PER DOCUMENT NO. 76-431713) RADIUS CURVE CONCAVE EASTERLY, A
EASTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE 139.07 FEET THROUGH A
THENCE NORTH 89'41' 13" WEST (RECORD NORTH 89'42'00" WEST, PER DOCUMENT NO.
(RECORD 139.15 FEET PER DOCUMENT NO. 76-431713);
RADIAL LINE TO SAID POINT BEARS NORTH 89'41' 13" WEST; THENCE SOUTHERLY ALONG
THE ARC OF SAID CURVE 26.76 FEET THROUGH A CENTRAL ANGLE OF 2"23'48"; THENCE
SOUTH 87'54'59" WEST (RECORD SOUTH 87°54103'' WEST PER DOCUMENT NO. 129900),
642.00 FEET, PER DOCUMENT NO. 129900), CONCAVE EASTERLY, A RADIAL LINE TO SA1
POINT BEARS SOUTH 87'54'59" WEST; THENCE NORTHERLY ALONG THE ARC OF SAID CUR\,
79.75 FEET (RECORD 79.65 FEET, PER DOCUMENT NO. 129900) THROUGH A CENTRAL ANGLE OF 7'07'15" TO THE POINT OF BEGINNING.
2.00 FEET TO THE BEGINNING OF A NON-TANGENT 641.68 FOOT RADIUS CURVE (RECORD
PARCEL 2 - EASEMENT FOR PUBLIC STREET AND HIGHWAY PURPOSES (SEE EXHIBIT "2")
BEGINNING AT THE SOUTHWEST CORNER OF LOT 29 OF CARLSBAD TRACT NO. 76-18,
ACCORDING TO MAP THEREOF NO. 8956, FILED IN THE OFFICE OF THE COUNTY RECORDEE
OF SAN DIEGO COUNTY ON AUGUST 11, 1978; SAID CORNER BEING A POINT ON A
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON DECEMBER 23, 1976 AT
NON-TANGENT 758.42 FOOT RADIUS CURVE (758.00 FOOT RECORD, PER DEED RECORDED I
FILE/PAGE NO. 76-431713) CONCAVE NORTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 3"09'28" EAST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE 207.1 FEET THROUGH A CENTRAL ANGLE OF 15"38'57", TO THE TRUE POINT OF BEGINNING OF
THIS DESCRIPTION; A RADIAL LINE TO SAID POINT BEARS SOUTH 12'29'30" WEST;
THENCE CONTINUING NORTHERLY ALONG THE ARC OF SAID 758.42 FOOT RADIUS CURVE
429.21 FEET THROUGH A CENTRAL ANGLE 32'25' 30"; THENCE NORTH 45'05'00" WEST
(NORTH 45'04'16'' WEST RECORD, PER DOCUMENT NO. 76-431713), 123.60 FEET TO THE
BEGINNING OF A NON-TANGENT 350.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; A RADIAL LINE TO SAID POINT BEARS SOUTH 44'55'00'' WEST; THENCE SOUTHERLY ALONG
THE ARC OF SAID CURVE 62.13 FEET THROUGH A CENTRAL ANGLE OF 10'10'15" TO THE
BEGINNING OF A 350.00 FOOT RADIUS REVERSE CURVE CONCAVE SOUTHWESTERLY; A
RADIAL LINE TO SAID POINT BEARS NORTH 34'44'45" EAST; THENCE SOUTHEASTERLY
ALONG THE ARC OF SAID CURVE 62.13 FEET THROUGH A CENTRAL ANGLE OF 10'10'15" T
THE BEGINNING OF A 747.42 FOOT RADIUS REVERSE CURVE CONCAVE NORTHEASTERLY; A
RADIAL LINE TO SAID POINT BEARS SOUTH 44'55'00" WEST; THENCE SOUTHEASTERLY
ALONG THE ARC OF SAID CURVE 255.22 FEET THROUGH A CENTRAL ANGLE OF 19'33'53"
TO A POINT HEREINAFTER REFERRED TO AS POINT #3; A RADIAL LINE TO SAID POINT
BEARS SOUTH 25'21'07" WEST; THENCE CONTINUING ALONG THE ARC OF SAID 747.42
FOOT RADIUS CURVE 53.73 FEET THROUGH A CENTRAL ANGLE OF 4'07'09" TO THE
RADIAL LINE TO SAID POINT BEARS NORTH 21"13'58" EAST; THENCE SOUTHEASTERLY
ALONG THE ARC OF SAID CURVE 63.77 FEET THROUGH A CENTRAL ANGLE 6'05'22" TO TH
BEGINNING OF A 200.00 FOOT RADIUS REVERSE CURVE CONCAVE NORTHEASTERLY; A RADIAL LINE TO SAID POINT BEARS SOUTH 27'19'20" WEST; THENCE SOUTHEASTERLY
ALONG THE ARC OF SAID CURVE 51.77 FEET THROUGH A CENTRAL ANGLE OF 14'49'50" T
THE TRUE POINT OF BEGINNING.
BEGINNING OF A 600.00 FOOT RADIUS REVERSE CURVE CONCAVE SOUTHWESTERLY; A
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SHEET 3 OF EXHIBIT A
PARCEL 3 - RELINQUISHMENT OF ACCESS RIGHTS (SEE EXHIBIT "3")
RELINQUISHING ACCESS RIGHTS FROM THOSE PORTIONS OF LOTS 32 THROUGH 36 INCLUSIVE OF SAID HOSP EUCALYPTUS FOREST COMPANY'S TRACT NO. 1, IN AND TO JEFFERSON STREET AND MARRON ROAD SOUTH AND WEST OF THE FOLLOWING DESCRIBED LINES:
BEGINNING AT POINT #lY HEREINABOVE DESCRIBED; THENCE SOUTHERLY ALONG THE ARC OF SAID 758.00 RADIUS CURVE 44.68 FEET THROUGH A CENTRAL ANGLE OF 3'22'39"; THENCE SOUTH 13'20'54" WEST, 29.18 FEET TO THE BEGINNING OF A TANGENT 200.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE 73.92 FEET THROUGH A CENTRAL ANGLE OF 21'10'37" TO A POINT OF TANGENCY; THENCE SOUTH 7'49'43" EAST, 121.36 FEET TO THE BEGINNING OF A TANGENT 537.68 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE 42.10 FEET THROUGH A CENTRAL ANGLE OF 4'29'10'' TO A POINT OF TERMINUS.
BEGINNING AT POINT #2, HEREINABOVE DESCRIBED; THENCE SOUTH 13'58'30" EAST,
61.10 FEET TO THE BEGINNING OF A TANGENT 425.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE 230.75 FEET THROUGH A CENTRAL ANGLE OF 31'06'30" TO A POINT ON THE NORTHEASTERLY LINE OF MARRON ROAD AS GRANTED TO THE CITY OF CARLSBAD BY DEED RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY DECEMBER 23
BEGINNING OF A TANGENT 350.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE 62.13 FEET THROUGH A CENTRAL ANGLE OF
10°10'15" TO THE BEGINNING OF A 350.00 FOOT RADIUS REVERSE CURVE CONCAVE SOUTHWESTERLYy A RADIAL LINE TO SAID POINT BEARS NORTH 34'44'45" EAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE 62.13 FEET THROUGH A CENTRAL ANGLE OF 10'10'15" TO THE BEGINNING OF A 747.42 FOOT RADIUS REVERSE CURVE CONCAVE NORTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 44'55'00'' WEST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE 162.68 FEET THROUGH A CENTRAL ANGLE OF 12O28'16" TO A POINT OF TERMINUS.
BEGINNING AT POINT #3, HEREINABOVE DESCRIBED; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID 747.42 FOOT CURVE 53.73 FEET THROUGH A CENTRAL ANGLE OF 4'07'09" TO THE BEGINNING OF A 600.00 FOOT RADIUS REVERSE CURVE CONCAVE SOUTHWESTERLYy A RADIAL LINE TO SAID POINT BEARS NORTH 21'13'58" EAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE 63.77 FEET THROUGH A CENTRAL ANGLE 6'05'22" TO THI BEGINNING OF A 200.00 FOOT RADIUS REVERSE CURVE CONCAVE NORTHEASTERLYy A RADIAL LINE TO SAID POINT BEARS SOUTH 27'19' 20" WEST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE 51.77 FEET THROUGH A CENTRAL ANGLE OF 14'49'50'' TC THE BEGINNING OF A 758.42 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 12'29'30'' WEST, THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE 207.15 FEET THROUGH A CENTRAL ANGLE OF 15'38'57" TO A POINT OF TERMINUS; SAID POINT ALSO BEING THE SOUTHWEST CORNER OF SAID LOT 29.
1976 AT FILE/PAGE 76-431713; THENCE SOUTH 45'05'00" EAST, 4.63 FEET TO THE
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EXHIBIT A SHEET 4 OF
PARCEL 4 - EASEMENT FOR PUBLIC UTILITIES PURPOSES (SEE EXUIBIT "4")
ALL THAT PORTION OF LAND IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, LYING WITHIN LOTS 33 THROUGH 36 OF HOSP EUCALYPTUS FOREST COMPANY'S TRACT NO. 1, ACCORDING TO MAP THEREOF NO. 1136, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JUNE 8, 1908, MORE PARTICULARY DESCRIBED AS FOLLOWS:
A STRIP OF LAND 15.00 FEET IN WIDTH, LYING 7.50 FEET, MEASURED AT RIGHT ANGLES, ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
BEGINNING AT THE SOUTHWEST CORNER OF LOT 28 OF CARLSBAD TRACT NO. 76-18, ACCORDING TO MAPS THEREOF NO. 8956, FILED IN THE OFFICE OF THE COUNTY RECORD1 OF SAN DIEGO COUNTY ON AUGUST 11, 1978, SAID POINT ALSO BEING A POINT ON THE EAST LINE OF SAID LOT 36; THENCE ALONG THE EAST LINE OF SAID LOT 36 NORTH 0'25'14" EAST, 7.50 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID LINE NORTH 89'43'05" WEST, 29.53 FEET TO A POINT HEREINAFTER REFERRED TC
AS POINT "A"; THENCE CONTINUING NORTH 89'43'05" WEST, 186.25 FEET; THENCE
SOUTH 67O58'29" WEST, 36.51 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "B"; THENCE CONTINUING SOUTH 67'58'29" WEST, 142.00 FEET; THENCE NORTH
89'35'16" WEST, 1.98 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "C", SAID POINT ALSO BEING A POINT TERMINUS OF SAID 15.00 FOOT WIDE EASEMENT. THE SIDELINES OF SAID EASEMENT SHALL BE PROLONGED OR FORESHORTENED AT THE ANGLE POINTS.
ALSO COMMENCING AT THE ABOVE DESCRIBED POINT OF BEGINNING, THENCE ALONG THE EAST LINE OF SAID LOT 36 NORTH 0'25'14" EAST, 7,50 FEET; THENCE LEAVING SAID LINE NORTH 89'43'05" WEST, 7.50 FEET TO THE TRUE POINT OF OF BEGINNING; THENC NORTH 0'16'55" EAST 21.50 FEET TO A POINT OF TERMINUS.
ALSO A STRIP OF LAND 25.00 FEET IN WIDTH, LYING 12.50 FEET, MEASURED AT RIGHT ANGLES, ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
BEGINNING AT THE ABOVE DESCRIBED POINT "C"; THENCE NORTH 0'24'44" EAST, 5.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 89'35'16" WEST, 31.77 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "D": THENCE CONTINUING NORTH 89"35'16" WEST, 85.00 FEET; THENCE SOUTH 0'24'44" WEST, 40.90 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "Ell; THENCE CONTINUING SOUTH 0'24'44" WEST,
153.98 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "F"; THENCE CONTINUIN SOUTH 0'24'44" WEST, 12.01 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "G"; THENCE CONTINUING SOUTH 0'24'44" WEST, 93.06 FEET TO THE BEGINNING OF A
CURVE BEARS SOUTH 70'50'38" WEST FROM THE RADIAL CENTER THEREOF; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE 163.26 FEET THROUGH A CENTRAL ANGLE OF 23O40'52" TO A POINT HEREINAFTER REFERRED TO AS POINT "1"; A RADIAL TO SA1 POINT BEARS SOUTH 47'09'46" WEST FROM THE RADIAL CENTER OF SAID CURVE; THENC CONTINUING ALONG THE ARC OF SAID CURVE 172.70 FEET, THROUGH A CENTRAL ANGLE 0
25'03'04", TO A POINT HEREINAFTER REFERRED TO AS POINT "M", A RADIAL TO SAID POINT BEARS SOUTH 22'06'42" WEST FROM THE RADIAL CENTER OF SAID CURVE; THENCE
NON-TANGENT 395.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; A RADIAL TO SAID
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EXHIBIT A SHEET 5 OF
CONTINUING SOUTHEASTERLY AND EASTERLY ALONG THE ARC OF SAID CURVE 149.60 FEE THROUGH A CENTRAL ANGLE OF 21'41'58" TO A POINT OF TANGENCY; THENCE SOUTH 89'35'16" EAST, 86.24 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "N"; THENCE CONTINUING SOUTH 89'35'16" EAST, 22.50 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "0"; SAID POINT BEING A POINT OF TERMINUS OF SAID 25' EASEMENT. AT THE ANGLE POINTS.
ALSO STRIPS OF LAND 15.00 FEET WIDE, LYING 7.50 FEET, MEASURED AT RIGHT ANGL ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINES:
A.
THE SIDELINES OF SAID EASEMENT SHALL BE PROLONGED OR FORESHORTENE
BEGINNING AT THE ABOVE DESCRIBED POINT "A"; THENCE SOUTH 0'24'44" WEST, 42.93 FEET TO A POINT OF TERMINUS.
BEGINNING AT THE ABOVE DESCRIBED POINT "B"; THENCE SOUTH 0'24'44'' WEST, 78.07 FEET TO A POINT OF TERMINUS,
BEGINNING AT THE ABOVE DESCRIBED POINT "D"; THENCE SOUTH 0'24'44" WEST,
28.88 FEET TO A POINT OF TERMINUS.
BEGINNING AT THE ABOVE DESCRIBED POINT ''E"; THENCE NORTH 89'35'16" WEST,
26.00 FEET TO A POINT OF TERMINUS.
F.. BEGINNING AT THE ABOVE DESCRIBED POINT 'IF"; THENCE SOUTH 89'35'16" EAST, 264.00 FEET TO A POINT OF TERMINUS.
BEGINNING AT THE ABOVE DESCRIBED POINT "G"; THENCE NORTH 89'35'16" WEST, 100.51 FEET; THENCE SOUTH 76"01'30" WEST, 69.10 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "H"; THENCE CONTINUING SOUTH 76'01 '30" WEST, 2.25 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "I"; THENCE CONTINUING SOUTH 76'01'30" WEST, 53.14 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "J"; THENCE CONTINUING SOUTH 76'01'30" WEST, 70.93 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "K"; THENCE CONTINUING
SOUTH 76"01'30" WEST, 20.00 FEET TO A POINT OF TERMINUS IN THE
B.
D.
E.
G.
NORTHEASTERLY RIGHT-OF-WAY LINE OF JEFFERSON STREET. THE SIDELINES OF SAID EASEMENT SHALL BE PROLONGED OR FORESHORTENED AT THE ANGLE POINT AND SO AS TO TERMINATE IN THE NORTHEASTERLY RIGHT OF WAY OF JEFFERSON STREET.
BEGINNING AT THE ABOVE DESCRIBED POINT "H"; THENCE SOUTH 13'58'30" EAST,
18.00 FEET TO A POINT OF TERMINUS.
BEGINNING AT THE ABOVE DESCRIBED POINT "I"; THENCE NORTH 13'58'30" WEST,
68.30 FEET TO A POINT OF TERMINUS.
J. BEGINNING AT THE ABOVE DESCRIBED POINT "J"; THENCE SOUTH 13'58'30" EAST,
H.
I.
18.00 FEET TO A POINT OF TERMINUS.
0 0
SHEET 6 OF 7 EXHIBIT A
K. BEGINNING AT THE ABOVE DESCRIBED POINT "K"; THENCE SOUTH 13'58'30" EAST,
21.50 FEET TO A POINT OF TERMINUS.
L. BEGINNING AT THE ABOVE DESCRIBED POINT "L"; THENCE SOUTH 47'09'46" WEST, 26.00 FEET TO A POINT OF TERMINUS.
M. BEGINNING AT THE ABOVE DESCRIBED POINT "M"; THENCE SOUTH 28'53'55" WEST,
118.96 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "S";
CONTINUING SOUTH 28'53'55'' WEST, 4.08 FEET TO A POINT HEREINAFTER REFERRE TO AS POINT "T"; THENCE CONTINUING SOUTH 28'53'55" WEST, 115.23 FEET; THENCE SOUTH 61'06'05" EAST 18.50 FEET TO A POINT OF TERMINUS, THE SIDELINES TO BE PROLONGED OR FORESHORTENED AT THE ANGLE POINT.
BEGINNING AT THE ABOVE DESCRIBED POINT "0"; THENCE SOUTH 0'24'44" WEST, 18.50 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "P"; THENCE CONTINUING SOUTH 0'24'44" WEST, 95.48 FEET TO A POINT HEREINAFTER REFERRE TO AS POINT "Q'l; THENCE CONTINUING SOUTH 0'24'44" WEST, 71.29 FEET; THENC SOUTH 2'08'18" EAST, 43.71 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "R"; THENCE CONTINUING SOUTH 2'08'18" EAST, 68.56 FEET TO A TERMINl IN THE NORTHERLY RIGHT OF WAY LINE OF MARRON ROAD. THE SIDELINES OF SAIL EASEMENT SHALL BE PROLONGED OR FORESHORTENED AT THE ANGLE POINTS AND SO F TO TERMINATE IN THE NORTHERLY RIGHT OF WAY LINE OF MARRON ROAD.
BEGINNING AT THE ABOVE DESCRIBED POINT "Pll; THENCE
31.01 FEET TO A POINT OF TERMINUS.
BEGINNING AT THE ABOVE DESCRIBED POINT "S"; THENCE SOUTH 61'06'05" EAST,
18.00 FEET TO A POINT OF TERMINUS.
BEGINNING AT THE ABOVE DESCRIBED POINT "T"; THENCE NORTH 61'06'05'' WEST
40.00 FEET TO A POINT OF TERMINUS.
THENCE
0.
P. NORTH 89'35'16" WEST,
S.
T.
PARCEL 5 - EASEMENT FOR TRAFFIC SIGNAL FACILITIES AND MAINTENANCE (SEE EXHIBIT "5")
THAT PORTION OF LOT 33 OF HOSP EUCALYPTUS FOREST COMPANY'S TRACT NO. 1, IN Tt CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1136, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JUNE 8, 1908, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT POINT #2 HEREINABOVE DESCRIBED; THENCE NORTH 13'58'30" WEST, 15.00 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUING NORTH 13'58'30" WEST, 94.00 FEET; THENCE NORTH 76'01 '30" EAST, 15.22 FEET; THENCE SOUTH 13°58'30" EAST, 15.00 FEET; THENCE NORTH 76°01'30"
0 0
€UHI%IT A SNEET 7 OF
EAST, 50.78 FEET; THENCE SOUTH 13'58'30" EAST, 64.00 FEET; THENCE SOUTH 76'01'30" WEST, 51.00 FEET; THENCE SOUTH 13"58'30" EAST, 15.00 FEET; THENCE SOUTH 76'01'30" WEST, 15.00 FEET TO THE TRUE POINT OF BEGINNING.
BY: &-p- 2- (r? -3 -5~
$'JAMES R. HETTINGER -2CE 31756 REGISTRATION EXPIRES 12/31/88
0 0
LINE BEARING OISTANCE
1 N 52'24'32'E 26 03'
2 N 39'31'14'E 33 13'
3 S 13'20'54'W ' 29 18'
4 S 45'05'00'E 4.63'
5 N 87'54'59'E 2.00'
8 9 /3°50'308e L/ io'
1 31'06'30' 557,76' 302.
2 14'17'97' 557.68' 139
3 2'23'48' 639.68' 26.
4 11'53'29' 639.68' 132.
5 90'00'00' 20.00' 31,
6 3'22'39' 750.00' 44.
7 21'10'37' 200.00' 73. e 6-08'47- 537.68' 57.
10 7'07'15' Mi -68' 79.
9 31'06'30' 425.00' 230.
CES -A€o
Mff0IT'/" <flKCU. 4)
GEORGE S. NOCTE AND ASSOCIATES 'c**+m
.1 e.n,,
tan joH Sacramento un diego wrlnutcre~k '3A.t 2
9455 RIDGEHAVEN CT , SAN OIEGO. CA 92123 819-278-9392
0 e
e% HH5/7f LINE BEARING 0 IST ANCE
I S 45'05'00'E /23 ml
I
CURVE DELTA RADIUS LEP
- i 9Z*Di3r0" 750 42 42(
2 10'10'15' 350.00 6;
3 10'10'15' 350 00 6i
4 23'41'02' 747.42 30 I
5 6'05'22' 600.00 6.
6 14'49'50' 200.00 5
7 l5'36'57" 756.42' 20
8 4'07'OP'' 74242' 5.
9 /9b33t5# 74742' 26
9
-54 AEL a GEORGE S. NOLTE AND ASSOCIATES '_+bfih a ran jose ucrrmento wn dicgo walnut creek AT{ 2
Ly c
'
I 9455 RIDGEHAVEK CT SAN DlEGO CA 92123 619-278-9392
C/V CF OC€ANS/tre
--I-------
- 1NDttY TE 4 A&%%
L/AQU/5MD n/GKjrg RE- G-3
NO MLE
1 3'22'39' 758.00'
2 21'10'37" 200.00'
3 4'29'10' 537.68' 42.10'
4 1'39'37' 537.68' 15.58'
5 31'06'30' 425.00' 230.75' LNE BEARING
6 10'10'15" 350.00' 62.13' 1 S 13'20'54"W 29.18'
7 10'10'15" 350.00' 62.13' 2 S 07'49'43'E 121.36'
7'05'37' 747.42' 92.54' 4 S 13'58'30"E 61.10' 9
DISTANCE
8 12'28'16' 747.42' 162.68' 3 S l3*58'3OnE 109.00'
10 4'07'09" 747.42' 53.73' 5 S 45'05'00'E 4.63'
I1 6'05'22' 600.00' 63.77' ExHIcs/T- 3 (PARCU, 3)
13 15'38'57' 758.42' 207.15' 0 ~8NaJEAMAssocIzm3
12 14' 49 ' 50' 200.00 ' 51.77'
libst mpr mamnmbm~.rhlocl s4mm a~eozn~vca cr. aAa OIC~O, CA eaiaa Wi557 3or7
t
-5-- - --
-.
LI
---
CARLSSAD TRACT NU, -/649
---- Sdf4’#*lVCMP/AW
---
--
0
# e 0
- NO. BEARING DISTANCE - NO. DELTA RADIUS LENGTH
L- 1 NO"25' 14"E 7.50' C-1 23"40'52" 395.00' 163.26
L- 2 S89 " 43 ' 0 5" E 7.50' C-2 25O03'04'' 395.00' 172.70 L- 3 NO" 25 ' 14" E 21.50' C - 3 2 1 " 4 1 I 58'' 3 9 5.0 0 ' L- 4 N89"43' 05"W 29.53'
L- 5 SO"24' 44"W 42.93'
1-6 . N89"43'05"W 18625'
L-7 S67" 58 ' 29"W 36.51' L-8 78.07'
L-9 S67" 58' 29"W 142.00'
L- 10 N89'35' 16"W 1.98'
L-11 NO " 24 ' 44" E 5.00'
L- 12 N89'35' 16"W 31.77'
L- 14 N89'35' 16"W 85.00'
L-15 S 0 o 2 4 I 44" W 40.90' L- 16 N89'35'16"W 26.00'
L-17 SO"24' 44"W 153.98 I
L- 18 s a90 3 5 I 1611 E 264.00'
L- 19 S 0 " 2 4 ' 4 4" W 12.01
L- 20 N89" 3 5' 16" W 100.51'
L-21 S76"01'30"W 69.10'
L- 22 S 13'58' 30"E 18.00'
L-23 S76"Ol' 30"W ' 2.25'
L-24 N 13" 58 ' 30"W 68.30'
L-25 S7 6 "0 1 ' 30" W 53.14' L-26 18.00'
L- 27 S76"Ol' 30"W 70.93'
L-28 S13" 58 ' 30"E 21.50'
L- 29 S76"01'30"W 20.00' L- 30 93.06'
L-31 S47'09' 46"W 26.00'
L-32 S28'53' 55"W 118.96' 1- 33 S61'06' 05"E 18.00' L-34 4.08'
L-35 N61'06 ' 05"W 40.00'
L- 36 S 28" 53 ' 5 5"W 115.23' L-37 18.50'
L-39 22.50'
L- 40 SO" 24' 44"W 18.50'
L-41 N89'35' 16"W 31.01'
L- 43 SO"24'44''W 71.29'
L- 45
149.60
S 0 " 2 4 ' 4 4" W
L- 13 SO" 24 ' 44" W z8.8ai
S 1 3 ' 58 ' 30 I' E
S 0 " 24 ' 4 4" W
S 28 " 5 3 ' 5 5" W
S 6 1 " 06 ' 0 5" E
sa 9 o 3 5 I 16 ti E L- 38 S89" 35' 16"E 86.24'
L- 42 SO" 24' 44"W 95.481
L-44 S2OO8' 18"E 43.71' 3 I8
S 2 " 08 ' 18" E 68.56' WIIlsIT4 (ma 1 H GEORGE S. NOLTE AND ASSO( ha san jose Sacramento san diego wal &LjHEEf b OF7 ~ 9455 RIDGEHAVEN CT., SAN DIEGO. CA 92123 619-
t
s i3*5ai30n~ 64.00
Pmu 5
I
,114 zo \ 8- (NORTH) &IF
d€FFMWN STREET
p7771 /ND/G47ES t4SEMENTFm 7Hi3fFfi LINE BEARING DISTAN
2 N 76'01'30'E 15.
3 S 13'58'30'E 15.
4 S 13'58'30'E 15.
5 S 76'01'30'W 15.
516M L fAClL/T/& jWNEMe. 1 N 13'58'30'W 15.
SREST7 or
H#&3/jr1~" (PA, Dn*W NL s
ML.
r/cf 4
GEORGE S. NOLTE AND ASSOCIATES ' 7HFr/t .~/c;N, E45MGv7
. APPROVED DATE %ALE //Ism' 1 nnw
SAWJOSE WALNUTCREEU SACRAMEWTO SAWDIEGO
IuIl217 M ' (4151 S.744- 01U 44.- (71U 2784-
#Awl
OE SJGCrrEO
CHlCIED
e 0
CERTIFICATION FOR ACCEPTANCE OF DEED
This is to certify that the interest in real property
conveyed by the deed or grant dated June 3, 1986
from Hughes North County Associates
to the city ~f Garlsbadl California, a municipal corporation,
is hereby accepted by the City Council of the City of Carlsba
California pursuant to resolution NO. 8683 , adopted
on July 15, 1986 , and the grantee consents to the
recordation thereof by its duly authorized officer.
DATED: July 16, 1986
By : la&
ALETHA L. RAUT le
1
2
3
4
5
6
7
8
g
10
11
12
13
14
15
16
17
18
19
e e
RESOLUTION NO. 8684
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, AUTHORIZING THE CITY
CLERK TO PROCESS A SUBORDINATION AGREEMENT.
WHEREAS, Hughes North County Associates has submitt
Grant Deed conveying various easements to the City of Car
over a portion of Jefferson Street and Marron Road; and
WHEREAS, said easements must be "free and clear of
liens and encumbrances" and a subordination agreemen
required; and
WHEREAS, said subordination agreement, attached heret
incorporated herein, has been properly executed.
NOW, THEREFORE, BE IT RESOLVED by the City Council o
City of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That. the City Clerk is authorized ka cause
original Subordination Agreement to be recorded in the C
of the County Recorder of San Diego County, Stat
1 California.
1 11 PASSED, APPROVED AND ADOPTED at a regular meeting a
20
21
22
1 Carlsbad City Council held on the 15th day of July
1986 by the following vote, to wit:
AYES: Council Members Casler, Lewis, Kulchin, Chick and I
28 (SEAL)
1
i
e e
1,
S U BO R Dl N A TI 0 N A G R 1% M EN T
WHEREAS, tne owner of that certain property hereinafter described has granted to the City of Carlsbad, a municipal corporation, in the County of San Diego, State of California:
A) Easements for public street and highway purposes; B) Relinquishment of access rights in and to Marron Road and Jefferson Street;
C) Easements for public utilities purposes; and
D) Easement for traffic signal facilities and maintenance.
In the following described real property:
(SEE EXHIBIT "A" ATTACHED)
AND WHEREAS, UNION BANK, a California Corporation, is hereinafter known as thc
BENEFICIARY; and UNION BANK, a California Corporation, is hereinafter known a:
the TRUSTEE as of the date of this instrument under that certain deed of trusl
executed by HUGHES NORTH COUNTY ASSOCIATES, a California Genera:
Partnership, to secure a note for ($5,975,000) five million, nine hundred seventy-fivf
thousand dollars, with interest dated April 23, 1986, and recorded May 2, 1986 ir
Official Records of the San Diego County Recorder, covering the property hereinabove
described, as Instrument No. 86-173287.
AND WHEREAS, the BENEFICIARY affirms that they are the owners and holders 0 the hereinabove described trust deed note, and they have not assigned their interest i same, they $=reby direct and authorize said TRUSTEE to join with them in th
execution of this instrument.
NOW, THEREFORE, for and in consideration of the benefits to accrue to the abov described land by acceptance of said easements by said City of Carlsbad, th
undersigned expressly subordinates all right, title and interest in and to that portion c said premises herein described, covered by said deed of trust, to the interest of sa
City of Carlsbad in said easements with the intent that said easements shall be pric and superior to the lien of the deed of trust hereinabove described.
IN WITNESS WHEREOF, he BENEFJ IARY and TRUSTEE has caused this instrumel
to be executed this 3 JL y ay of %mx- 9 19LL-
AS TRUSTEE: AS BENEFICIARY:
WON m UNION MV<
;Ly&cA.qcJ &a$'- ti.$- 0ffi<--,L /iYk7C44/WL/ &VG%2- /<-)& P$
I /A ?A/ L Afd,&- (7 / Lf/d;.l 7,/ 7r &Y& 7?,/
_:k% /e223 Q -/ 54- &2.//'%W& &' 3 i
0 0
1'
EXHIBIT "A"
PORTIONS OF LOTS 32 TO 36 INCLUSIVE, OF HOSP EUCALYPTUS FORES'
COMPANY'S TRACT, IN THE CITY OF CARLSBAD, THE COUNTY OF SAN DIEGC STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1136, FILED IN TH
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JUNE 8, 1901 AS GRANTED TO HUGHES NORTH COUNTY ASSOCIATES, A CALIFORNI,
GENERAL PARTNERSHIP, BY DOCUMENT RECORDED FEBRUARY 4, 1983, A FILE NO. 83-038256 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGl
COUNTY.
4
* d * <
s
fmE INSUI AND TRUn
AllCOR COYPAN
g CAT. NO. “00737
TO 1945 CA (7-82)
(Corporation)
} ss.
STATE OF CALIFORNIA
COUNTY OF OrfinbL
efore me, the undersigned, a Notary Public in a
personally known to me or proved to me on the basis
W. of satisfactory evidence to 5 - the within instru
I prefidenr, and OFFICIAL SEAL
BARBARA L ERICWIN
NOTARY PUBLIC - CALIFORN PRINCIPAL OkF1CE IN
ORANGE COUNTY
My Commission Expires May 19. 1987
(This area for officid notarial sed)
t
Y