HomeMy WebLinkAbout1986-08-05; City Council; 7592-9; FINAL MAP CARLSBAD TRACT NO. 83-21, UNIT 4c
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CITPF CARLSBAD - AGENDWILL L
AB#ZS~Z~~~C TITLE: DEPT,
CITY I MTG. 08/05/86 FINAL MAP
CARLSBAD TRACT NO. 83-21, UNIT 4 DEPT. ENG CI'PY c
RECOMMENDED ACTION:
Adopt Resolution No. f?/ 7 approving quitclaim deed.
Approve Final Map of Carlsbad Tract No. 83-21, Unit 4.
Adopt Resolution No. a7 f f accept the subordinate agreement and authorize the City Clerk to record such agreement.
ITEM EXPLANATION
Engineering staff has completed checking the final map of Carlsbad Tract
Unit 4, a 141-lot subdivision located on Tamarack Avenue, for conforman
the Subdivision Map Act and the Carlsbad Municipal Code. The final map c substantially with the conditions of approval and the tentative map as i
by the City Council on December 17, 1985, per Resolution No. 8304.
This project has been designated as developing on Exhibit "A" of Ordim
9791, therefore, it is exempt from the provisions of the growth mar
ordinance.
The quitclaim deed relinquishes sewer and drainage easements rights sj
City Courcil, per Resolution Nos. 8678, 8679 and 8680 accepting right
relocated these easements.
accepting an off-site drainage easement
The off-site drainage easement is necessary in order to construct c
facilities required for approval of this project.
FISCAL IMPACT
The project has dedicated park land as defined in the Calavera Hill:
Plan. This project is estimated to generate sewer connection
approximately $128,000.00. The exact amount of Public Facilities I
unknown until the applicant submits applications for building permi
project should also generate Water Capital Fees estimated at $174,080.00
No detailed economic impact analysis of this development has been co
While increased operating expenses related to this development are exp,
be offset from increased tax or fee revenue, no exact percentage of of
be predicted.
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Traffic Impact Fee
Bridge & Thoroughfare District
Phasing Program
Density of this Project
Growth Initiative Control Point Density
Development Zone
Required
Not Required
Not Required
3.35
3.2
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LOCATION MAP
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8.
1 PROJ.
NO. CX 63-21 CA'LAVERA HILLS - VILLAGE 0-P I, UNIT 4
PROJECT NAME
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RESOLUTION NO, 8717
A RESOLUTION OF THE CITY COUNCIL OF THE
QUITCLAIM OF SEWER AND DRAINAGE EASEMENTS.
. C I TY OF CARLSBAD, CALIFORNIA APPROVING
WHEREAS, Treetops Unlimited, A Joint Venture has submitted a req
quitclaim of sewer and drainage easements; and
WHEREAS, the City Council of the City of Carlsbad has determined
in the public interest to quitclaim said easements;
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NOW, THEREFORE, BE IT RESOLVED by the City Council of tht
Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the Quitclaim Deed conveying sewer and drainage easement
portions of Carlsbad Tract No. 83-21, Uni t 4, to Treetops Unlimited, ' on file with the City Clerk and is incorporated by this refei
approved.
3. That the Mayor is authorized to execute the deed and the C I is hereby authorized to cause the original Quitclaim Deed to be rei
I the Office of the County Recarder of San Diego County, State of Calif1
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carl.
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AYES: Council Members Casler, Lewis and Chick
NOES: Council Member Pettine
ABSENT: Council Member Kulchin yAAT, J (2
MARY H. C LER, Mayor I ATTEST:
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RESOLUTION NO. 8718
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
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WHEREAS, Cedric E. Sanders has submitted a Grant Deed convc
easement to the City of Carlsbad for drainage purposes for Carlsbad TI
21, Unit 4; and
WHEREAS, the,City Council of the City of Carlsbad has determined
in the public interest to accept said Deed; 1 NOW, THEREFORE, BE IT RESOLVED by the City Council of the
Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the Grant Deed from Cedric E. Sanders, dated June 31
conveying a drainage easement to the City of Carlsbad which is on f
the City Clerk and is incorporated herein by reference, is accepted.
3. That the City Clerk is authorized to cause the original De
17 California, with the appropriate Certificate of Acceptance attached. i
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i wit:
AYES: Council Members Casler, Lewis and Chick
bJOES: Council Member Pettine
ABSENT: Council Member Kulchin
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I I Lw MARY H. SLER, Mayor
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ATTEST:
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RESOLUTION NO. 8304
A RESOLUTION OF'THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A 406 UNIT
TENTATIVE TRACT MAP (CT 83-21(A)) AND PLANNED u1
DEVELOPMENT (PWD-57(A)) ON 104 ACRES ON PROPERT'
GENERALLY LOCATED IN THE NORTHERLY PORTION OF
THE CALAVERA HILLS MASTER PLAN AREA. APPLICANT: TREETOPS UNLIMITED
CASE NO: CT 83-21(A)/PUD-57(A)
WHEREAS, on November 13, 1985, the Carlsbad Plai
Commission adopted Resolution No. 2513 recommending to tl
Council that Tentative Tract Map (CT 83-21(A)) and Plannl
Development (PUD-57(A)) be approved: and
WHEREAS, the City Council of the City of Carlsbl
December 3, 1995 held a public hearing to consider the
recommendations and heard all persons interested in or 01
Tentative Tract Map (CT 83-21(19)) and Planned Unit Develc
(PUD-57(A)); and
WHEREAS, the Planning Director has determined
project will not have a significant effect on the enviroi
and, therefore, has issued a Notice of Prior Compliance
October 19, 1985 as complete in satisfaction of the requ
of the City of Carlsbad Environmental Protection Ordinanc
1986 and the California Environmental Quality Act;
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NOW, THEREFORE, BE IT RESOLVED by the City Counc
the City of Carlsbad, California as follows:
A. That the above recitations are true and cor
B. That the findings of the Planning Commissio
Resolution No. 2513 constitute the findings of the City
in this matter.
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c. That said Tentative Tract Map, together wit
provisions for its design and improvement and subject to
conditions of this resolution, is consistent with all ap:
general and specific plans of the City of Carlsbad.
D. That Tentative Tract Map CT 83-21(A) and PL
Unit Development PUD-57(A) are hereby approved subject tc
applicable requirements of the Carlsbad Municipal Code ai
satisfaction of the conditions contained in Planning Comi
Resolution No, 2513 dated November 13, 1985 marked Exhib.
attached hereto and made a part hereof.
PASSED, APPROVED, AND ADOPTED at a regular meet:
the City Council of the City of Carlsbad, California on 1
17th day of December , 1985 by the following vote, tc
AYES: Council Members Casler, Lewis, Kulchin, and Chick
NOES : Council Member Pettine
ABSENT: None
bj7 de c4L
MARY H. CASLER, Mayor
ATTEST:
NKWZ, City Clerk N R. KUNDTZ, Deputy
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PLANNING COMMISSION RESOLUTION NO. 2513
A RESOLUTION OF THE PLANNING COMMISSION OF THE
APPROVAL OF AN AMENDMENT To A TENTATIVE TRACT
MAP AND PLANNED UNIT DEVELOPMENT ON PROPERTY
GENERALLY LOCATED IN THE NORTHERLY PORTION OF
THE CALAVERA HILLS MASTER PLAN AREA.
APPLICANT: TREETOPS UNLIMITED
CASE NO: CT 83-2l(A)/PUD-S7(A)
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
WHEREAS, a verified application for certain propel
wit:
A portion of Lot "J" of Rancho Aqua Redionda accor Map No. 823 filed November 16, 1896,
has been filed with the City of Carlsbad, and referred to t
Planning Commission; and
. WHEREAS, said verified. application constitutes a I
as provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 13th
November, 1985, hold a duly noticed public hearing as preSC
law to consider said request; and
Iconsidering all testimony and arguments, if any, of all per
desiring to be heard, said Commission considered all factor
relating to the Tentative Tract Map and Planned Unit Develo
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plann
WHEREAS, at said public hearing, upon hearing and
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Commission as follows:
A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hea the Commission recommends APPROVAL of CT Q~-~~(A)/PuD- based on the following findings and subject to the fol
conditions:
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Findings:
1) The project is consistent with the City's General Pla
-the proposed density of 3.35 du's/acre is within the range of 0-4 du's/acre specified for the site as indi
the Land Use Element of the General Plan.
The site is physically suitable for the type and dens the development since the site is adequate in size an to accommodate residential development at the density
posed .
3) The project is consistent with all City public facili icies and ordinances since:
a) The Planning Commission has, by inclusion of an
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appropriate condition to this project, ensured th final map will not be approved unless the City Ca finds that sewer service is available to serve th project. In addition, the Planning Commission ha
condition that a note shall be placed on the fina that building permits may not be issued for the E
unless the City Engineer determines that sewer se available, and building cannot occur within the E
' unless sewer service remains available, and the F
Commission is satisfied that the requirements of
Public Facilities Element of the General Plan hav met insofar as they apply to sewer service for tk
project.
b) The Carlsbad School District has written a lettei August 23, 1985, stating that school facilities o available to this project.
c) The applicant shall provide parks as required by Calavera Hills Master Plan. The City Council mal however, require park-in-lieu fees in lieu of dec I
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if it is so determined prior to final map approvz
d) All necessary public improvements have been provj
. will be required as conditions of approval.
e) The applicant has agreed and is required by the : of an appropriate condition to pay a public facil fee. Performance of that contract and payment ol
will enable this body to find that public faci1i.t be available concurrent with need as required by
General Plan.
4) The proposed project is consistent with the City's P: Development Ordinance and also complies with the Des.
Guidelines Manual.
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5) The proposed project is compatible with surrounding f
are designated for residential development ~n the Gen
plan, Existing steep topography will buffer this dev from an existing quarry use to the north,
6) This project will not cause any significant environme impacts and a Prior Compliance has been issued by the
Use Planning Manager on October 19, 1985 and approved Planning Commission on November 13, 1985.
7) This project requires the construction of the improve facilities listed in the conditions of approval or th of fees in lieu of construction, This project create direct need for the improvements or facilities for th stated in the staff report, If the improvements or f are not provided, the project will create an unmitiga burden on existing improvements and facilities. Furt improvements and facilities are necessary to provide
project consistent with City goals, policies and plan
land uses since the properties to the south, east and
adequate and appropriate service to future residents
Conditions:
1) Approval is granted for CT 83-21(A)/PUD-57(A), as shoi Exhibits "A" - "K", dated July 12, 1985, incorporated reference and on file in the Land Use Planning Office
Development shall occur substantially as shown unless otherwise noted in these conditions.
2) This approval supercedes all conditions of approval a to Phase 4 of CT 83-21/PUD-57 contained in Planning C Resolution No. 2224.
This project is approved upon the express condition ti final map shall not be approved unless the City Counc: as of the time of such approval that sewer service is available to serve the subdivision.
4) This project is approved upon the express condition tI building permits will not be issued for development o! subject property unless the City Engineer determines 1 sewer facilities are available at the time of applical such sewer permits and will continue to be available 1 time of occupancy. This note shall be placed on the
map.
5) This project is approved upon the express condition tk applicant shall pay a public facilities fee as require City Council Policy No. 17, dated April 2, 1982, on fj the City Clerk and incorporated herein by reference, i according to the agreement executed by the applicant j payment of said fee, a copy of that agreement, dated ; 1985 is on file with the City Clerk and incorporated I reference, If said fee is not paid as promised, this
application will not be consistent with the General P: approval for this project shall be void.
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6) The applicant shall pay park-in-lieu fees to the City
to the approval of the final map as required by Chapt
of the Carlsbad Municipal Code unless other provision
made pursuant to the Calavera Hills Master Plan.
7) The applicant shall give notice of the conversion to tenants as required by the Subdivision Map Act and th
Carlsbad Municipal Code.
8). Water shall be provided to this project pursuant to t Service agreement between the City of Carlsbad and th Real Water District, dated May 25, 1983.
9) The applicant shall prepare a 24"x36" reproducible my
the final site plan incorporating the conditions cont herein. Said site plan shall be submitted to and app
the Land Use Planning Manager prior to the issuance o building permits.
10) The applicant shall establish a homeowner's associati corresponding covenants, conditions and restrictions.
CC&R's shall be submitted to and approved by the Land Planning Manager prior to final map approval.
tion plan which shall be submitted to and approved by
Use Planning Manager prior to the issuance of buildin permits.
12) A 500' scale map of the subdivision shall be submitte
Land Use Planning Manager prior to the recordation of final map. Said map shall show all lots and streets and adjacent to the project.
13) All landscaped areas shall be maintained in a healthy thriving condition, free from weeds, trash, and debri
11) The applicant shall prepare a detailed landscape and
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'14) Any signs proposed for this development shall be desi conformance with the City's Sign Ordinance and shall review and approval of the Land Use Planning Manager installation of such signs .
15) All roof appurtenances, including air conditioners, I architecturally integrated and concealed from view an sound buffered from adjacent properties and streets, to Bui-lding Department Policy No. 80-6, to the satisf the Land Use Planning Manager and Building and Planni
D i rect o r .
16) The applicant shall submit a street name list consist the City's street name policy subject to the Land Use Manager's approval prior to final map approval.
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17) The project shall provide bus stop facilities at locat
subject to the satisfaction of the North County Transil trict. Said facilities shall at a minimum include a bc free from advertising, and a pole for the bus stop sigi bench and pole shall be designed in a manner so as to 1
detract from the basic architectural theme of the projc
said design shall be subject to the approval of the Lai
Planning Manager and North County Transit District,
18) The developer shall display a current Zoning and Land ' in the sales office at all times, andjlor suitable alte to the satisfaction of the Land Use Planning Manager.
19) All sales maps that are distributed or made available public shall include but not be limited to trails, fut
existing schools, parks, and streets.
20) Building identification and/or addresses shall be plac new and existing buildings so as to be plainly visible street or access road: color of identification and/or shall contrast to their background color.
21) If any condition for construction of any public improv
facilities, or the payment of any fees in lieu thereof by this approval or imposed by law on this project are
challenged, this appraval shall be suspended as provid Government Code Section 65913.5. If any such conditio determined to be invalid this approval shall be invali the City Council determines that the project without t condition complies with all requirements of law.
22) Units 57 and 58 near the intersection of "Dm and #E" S shall be eliminated to provide an adequate recreation
the satisfaction of the Land Use Planning Manager.
23) Wherever possible, front yard setbacks shall be variec
feet to 30 feet to create a more diversified appearanc
Engineering Conditions:
24) The developer shall obtain a grading permit prior to 1 commencement of any clearing or grading of the site.
The grading for this project is defined as "controllec by Section 11.06.170(a) of the Carlsbad Municipal Codc
Grading shall be performed under the observation of a engineer whose responsibility it shall be to coordinal inspection and testing to ensure compliance of the wo'
the approved grading plan, submit required reports to Engineer and verify compliance with Chapter 11 -06 of
Carlsbad Mun-icipal Code.
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26) Upon completion of grading, the developer shall ensure
Engineer. The plan shall clearly show all the geology
exposed by the grading operation, all geologic correct
measures as actually constructed and must be based on map which represents both the pre and post site gradin plan shall be signed by both the soils engineer and th engineering geologist. The plan shall be prepared on
or similar drafting film and shall become a permanent
27) No grading shall occur outside the limits of the subdi
unless a letter of permission is obtained from the owr the affected properties.
28) A separate grading plan shall be submitted and approve
separate grading permit issued for the borrow or dispc if located within the city limits.
29) All slopes within this project shall be no steeper thz
30) Prior to hauling dirt or construction materials to an!
construction site within this project the developer sf submit to and receive approval from the City Engineer proposed haul route. The developer shall comply with conditions and requirements the City Engineer may imp regards to the hauling operation,
construction phase of this project to prevent any off! siltation. The developer shall provide erosion contrc measures and shall construct temporary desiltation/dei basins of type, size and location as approved by the ( Engineer, The basins and erosion control measures shi shown and specified on the grading plan and shall be constructed to the satisfaction of the City Engineer 1 the start of any other grading operations. Prior to *
"as-graded" geologic plan shall be submitted to the ci
31) The developer shall exercise special care during the
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removal of any basins or facilities so constructed thc
served shall be protected by additional drainage faci slope erosion control measures and other methods requ approved by the City Engineer. The developer shall m the temporary basins and erosion control measures for of time satisfactory to the City Engineer and shall g
their maintenance and satisfactory performance throug deposit and bonding in amounts and types suitable to Engineer .
32) Additional drainage easements and drainage structures provided or installed as may be required by the Count Department of Sanitation and Flood Control or the Cit neer .
The developer shall pay the current local drainage ar prior to approval of the final map for this project a construct drainage systems in conformance with the Ma Drainage Plan and City of Carlsbad Standards as requi City Engineer.
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34) The Owner of the subject property shall execute a hol
agreement regarding drainage across the adjacent prop to approval of the final map for this project.
35) The developer shall make an offer of dedication to th all public streets and easements required by these co or shown on the tentative map. The offer shall be ma
by a Certificate on the Final Map for this project.
so offered shall be granted to the City free and clea liens and encumbrances and without cost to the city. that are already public are not required to be rededi
36) Direct access rights for all lots abutting Tamarack
Avenue shall be waived on the final map,
37) Plans, specifications, and supporting documents for a. improvements shall be prepared to the satisfaction of
Engineer. Prior to approval of the final map, the SUI shall install, or agree to install and secure with apl security as provided by law, improvements shown on thl tentative map and the following improvements to City to the satisfaction of the City Engineer:
A)' Tamarack Avenue shall be improved full width withi phase prior to the occupancy of any buildings wit1
phase. The street shall be extended south to the Tamarack Avenue based on a pavement width of not :
28 feet in a 60 foot right-of-way prior to the oc{ of any buildings in the subdivision. Prior to oc(
of any buildings in phases 2, 3 or 4 an acceptablc secondary access shall be provided to this sate,
shall be accomplished by extendiny Harwich Avenue width through Village L-1 and half-width, 28 feet pavement in a 60 foot minimum right-of-way, throuc Village K to its intersection with Glasgow Drive. Drive shall be constructed half width from its pre northerly terminus to Harwich Drive along the fror Village E-2. This shall include sidewalk and curt: adjacent to the park site. Elm Avenue shall be constructed half width from its easterly terminus Glasgow Drive along the frontage of Village E-2. shall include sidewalk and curb adjacent to the pa
E) Sewer, water, and drainage facilities to serve thi subdivision .
C) All public improvements a5 shown on the tentative
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D) Tamarack Avenue and Harwich Drive intersection off
provide a complete 90' full width intersection.
The guest parking on Harwich Drive, redesigned to
forward exiting onto this street. E)
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38) prior to final map approval, the applicant shall post
01: other form of security, for a traffic study to detc whether Harwich Drive should be cul-de-saced at the sc end of this subdivision or remain as open access to GI Drive.
Prior to final map approval, the applicant shall post
separate bond for the construction of a cul-de-sac on Drive should the study mentioned above recommend one.
40) The developer shall install street lights along all pr
private street frontages in conformance with City of ( Standards .
41) The developer shall install street trees at the equiv!
40-foot intervals along all public street frontages ii conformance with City of Carlsbad Standards. The tre
be of a variety selected from the approved Street Tre
42) The developer shall install sidewalks along all publi frontages in conformance with City of Carlsbad Standa to occupancy of any buildings.
street corner abutting the subdivision in conformance of Carlsbad Standards prior to occupancy of any build
44) The developer shall comply with all the rules, regula design requirements of the respective sewer and water regarding services to the project.
45) Unless a standard variance has been issued, no varian City Standards is authorized by virtue of approval of tentative map.
The units which would take access from Harwich Drive
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43) The developer shall install a wheelchair ramp at the
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constructed as the final phase of this project.
47) All concrete terrace drains, slopes and open space ar be maintained by the homeowner's association (if on c owned property) or the individual property owner (if
clearly identifying the responsibility shall be place
CCCR' s.
48) The Subdivider shall provide separate sewer, water, c
electric services with meters to each of the units.
individually owned lot) An appropriately worded sti
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49) Some improvements shown on the tentative map and/or re these conditions are located offsite on property which the City nor the subdivider has sufficient title or ifi
permit the improvements to be made without acquistion or interest. The subdivider shall conform to Section of the Carlsbad Municipal Code.
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AH plans, specifications, and supporting documents fc improvements of this project shall be signed and seal€ Engineer in responsible charge of the work. Each she6
be signed and sealed, except that bound documents may
and sealed on their first page. Additionally, the fii of each set of plans shall have the following certific
"DECLARATION OF RESPONSIBLE CHARGE"
I hereby declare that I am the Engineer of Work for tl
design of the project as defined in Section 6703 of tl
Business and Professions Code, and that the design is consistent with current standards.
I understand that the check of .project drawings and
specifications by the City of Carlsbad is confined to only and does not relieve me, as Engineer of Work, of responsibilities for project design. (Name, Address and Telephone of Engineering firm)
Firm:
Add res s :
City, St.:
Telephone:
BY Date:
project, that I have exercised responsible charge ovei
\! - I
(Name of Engineer)
ROC-.E. NO, #
The developer shall provide the City with a reproduci copy of the tentative map as approved by the Planning Commission. The tentative map shall reflect the cond approval by the City. Engineer prior to improvement plan submittal and shal
36" in size and of a quality and material satisfactor City Engineer .
52) Prior to recordation of any final map for this devel the owner shall give written consent to the annexatia area shown within the boundaries of the tentative mal: existing City of Carlsbad Street Lighting and Landsca
District No. 1.
51 )
The map shall be submitted to
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53) Approval of this tentative tract map shall expire twen
months from the date of City Council approval unless a
map is recorded. An extension may be requested by the
applicant. Said extension shall be approved or denied
discretion of the City Council. In approving an exten City Council may impose new conditions and may revise
conditions.
Fire Conditions:
54) Additional public and/or onsite fire hydrants shall be
if deemed necessary by the Fire Marshal.
55) The applicant shall submit two (2) copies of a site pl showing locations of existing and proposed fire hydran
onsite roads and drives to the Fire Marshal for approv
56) An all-weather access road shall be maintained througk construction.
57) All required fire hydrants, water mains and appurtenar
be operational prior to combustible building materials located on the project site.
58) Fire retardant roofs shall be required on all structu!
59) Brush clearance shall be maintained according to the
specifications contained in the City of Carlsbad Land: Guidelines Manual.
60) All fire alarm systems, fire hydrants, extinguishing !
automatic sprinklers, and other systems pertinent to 1
project shall be submitted to the Fire Department for
prior to construction.
A 60 foot horizontal clearance shall be maintained bel 1g1161)
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residences and any concentrations of native vegetatioi
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PC RES0 NO. 2513 -1 0-
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PASSED, APPROVED AND ADOPTED at a regular meeting
Planning Commission of the City of Carlsbad, California, hr
13th day of November, 1985, by the fgllowiny votel to wit;
AYES : Chairman Schlehuber, Commissioners: L'H~
NOES : Commissioners: McFadden, Hall & Holmes
ABSENT: None a
ABSTAIN : None
Marcus and Smith.
G&
CLARENCE SCHLEHUBER, Chai
CARLSBAD PLANNING COMMISS
ATTEST:
:<*& /gad MICHAEL J. HOLZMILLER
LAND USE PLANNING MANAGER
j
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28 PC RES0 NO. 2513 -1 1-
City of Carlsbad 0
AND WHEN RECORDED MAIL TO r 1
Name City of Carlsbad
Street 1200 Elm Avenue
Address Carlsbad, CA 92008
City & State L -I
MA1 L TAX STATEMENTS TO r 1
Name
Street Address
City &
State L -I
0
SPACE ABOVE THIS LINE FOR RECORDER'S USE-
-ri 1 i
The undersigned grantor(s) declare(s):
Documentary transfer tax is $ -0- ok4 . t; ( ) computed on full value of property conveyed, or
CT 83-21 Unit 4 CAT. NO. "00576 Corporation Quitclaim Deed APN 167- 1o1- 23
APN 168-040-12 TO 1920 CA ( 1 -83) THIS FORM FURNISHED BY TICOR TITLE INSURERS
( ) computed on full value less value of liens and encumbrances remaining at time of sale.
( ) Unincorporated area: ( X ) City of Carlsbad , and
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
The City of Carlsbad, A Municipal Corporation
a corporation organized under the laws of the State of
hereby REMISES, RELEASES AND QUITCLAIMS to.
Treetops Unlimited, a Joint Venture
the following described real property in the City of Carlsbad
Countyof San Diego , State of California:
All those portions of the sewer and drainage easements as granted per Documents
#85-167827 and #85-167828 recorded May 13, 1985, only, and more particularly described on Exhibit "A" sheets 1 through 5, and shown on Exhibit 'fB'f sheets 1 through 5, attached hereto and hereby incorporated by this reference.
California
In Witness Whereof, said corporation has caused its corporation name and seal to be affixed hereto and
BEih(iid instrument to be executed by its Mayor ltB#ZEBand City Clerk thereunto duly authorized.
Dated: August 5, 1986
STATE OF CALIFORNIA
COUNTY OF
On
me, the undersigned, a Notary Public in and for said
State, personally appeared
personally known to me or proved to me on the basis of
satisfactory evidence to be the person who executed
thc wirhin instrument as the President, and
personally known to be or proved to me on the basis
of satisfactory evidence to be the person who executed
the within instrument as the
Secretary of the Corporation that executed the within
instrument and acknowledged to me that such corpo-
ration executed the within instrument pursuant to its
by-laws or a resolution of its board of directors.
WITNESS my hand and official seal.
Signature
(This area for official notarial seal) , Title Order No. Escrow or Loan No.
0 0
* SEWER EASEMENT ABANDONMENT PORTION OF PARCEL 3 DOCUMENT # 8:
167827 RECORDER MAY 13, 1985
PARCEL 1
That portion of lots "D" and "J" of Rancho Agua Hedionda, in
City of Carlsbad, County of San Diego, State of Califorr
according to Map No. 823 filed in the Office of the Cou
Recorder of said County lying within a 10.00 foot wide st
land, the centerline being described as follows:
Beginning at the Northerly terminus of that course designE "North 13O27'33" West 360.00 feet" on the boundary line of Re( of Survey Map No. 9336 filed in the office of said County Recc er; thence South 13O27'33" East 201.00 feet to the TRUE POIN'I
BEGINNING; thence leaving said boundary South 81'00 '05" W
160.47 feet; thence South 72O55'16" West 136.05 feet to a tans
607.00 foot radius curve concave Southerly; thence Westerly a1
said curve 101.98 feet through a central angle of 9O37':
thence tangent South 63O17'44" West 77.98 feet; thence No
01O07' 34" west 100.13 feet; thence South 88O52'26" West 19: feet to a tangent 300.00 foot radius curve concave Souther
thence Westerly along said curve 69.84 feet through a cent angle of 13O20'16" to a point on a non-tangent 600.00 foot rac
curve concave Southerly, a radial to which bears North 12O20 West; thence Westerly along last mentioned curve 182.65 f
through a central angle of 17O26'31"; thence along a non-tans line North 27O56'24" West 117.83 feet: thence North 73O29' West 37.36 feet to a point of terminus on the arc of a n tangent 428.00 foot radius curve concave Northwesterly, s
curve being the Easterly right-of-way of Milford place dedica and shown on Carlsbad Tract No. 83-21 Unit No. 3, Map No. 11 on file in the Office of the Recorder of said County, a rad line to said point bears South 73O29'39" East.
The side line of said easement to be lengthened or shortened
as to terminate on the boundary line of said record of Sur
9336 at the TRUE POINT OF BEGINNING and the arc of the 428
foot radius curve at the point of terminus.
7- 22 -86 &%&c.A"lAfA Robert G. Schoettmer L.S. 4324 Date
EXHIBIT "A" Page 1 of 5
e 0
STORM DRAIN EASEMENT ABANDONMENT
PARCEL 3 OF DOCUMENT # 85-167828 RECORDED MAY 13, 1985
PARCEL 2
That portion of lot "J" of Rancho Agua Hedionda, in the Cit
Carlsbad, County of San Diego, State of California, accordir
Map No. 823 filed in the Office of the County Recorder of
County lying within a 10.00 foot wide strip of land,
centerline being described as follows:
Beginning at the Easterly terminus of that course design (2000 foot radius curve having a length of 548.41 feet a central angle of 15' 42' 39") on the Northwesterly boundar said record of survey Map No. 9336 filed in the office of
County Recorder; thence Southwesterly along the arc of said c 286.13 feet through a central angle 8' 11' 49" to the TRUE P
OF BEGINNING; thence leaving said boundary along a non-tan line South 85'29'35" West 117.93 feet to a tangent 211.00 radius curve concave Southeasterly; thence Southwesterly a
said curve 88.07 feet through a central angle of 23"54'
thence tangent South 61O34'42" West 188.91 feet; thence N
29'37'03" West 366.00 feet to the point of terminus.
The sidelines of said easement to be lengthened or shortenc as to terminate on the arc of the 2000.00 foot radius c
. mentioned at the TRUE POINT OF BEGINNING.
7-i8-86 Robert G. Schoettmer L.S. 4324 Date
EXHIBIT "A" Page 2 of 5
0 e
EXHIBIT "A"
PARCEL 2 OF 5
SEWER EASEMENT IN VILLAGE 0 & P TO PUMP STATION
(PORTION OF PARCEL 2, DOCUPIENT# 85-167827
RECORDED MAY 13, 1985)
SEWER EASEMENT ABANDONMENT
PARCEL 3
That portion of lot "J" of Rancho Agua Hedionda, in the t Carlsbad, County of San Diego, State of California, accordi Map No. 823 filed in the office of the County Recorder of County lying within a 10.00 foot wide strip of land,
centerline being described as follows:
Beginning at the Easterly terminus of that course desigi (2000 foot radius curve having a length of 548.41 feet i central angle of 15' 42' 39") on Northwesterly boundary of Record of Survey Map. No 9336 filed in the office of said C
Recorder; thence Southwesterly along the arc of said curve 3 feet through a central angle of 8' 36' 27" to the TRUE POI1
BEGINNING; thence leaving said boundary along a non-tangent North 41O02'56" West 118.45 feet; thence North 1'09'23"
215.00 feet ; thence North 15'10'00" West 188.99 feet tc beginning of a tangent 200.00 foot radius curve concave Sc
westerly; thence Northwesterly along the arc of said curve 1 feet through a central angle of 35O34'33" to a point on tht
of a non-tangent 200.00 foot radius curve concave Souther radial line to said point bears North 25O41'33" East; ti- Westerly along last mentioned curve 124.18 feet through a cei
angle of 35'34'32"; thence tangent to said curve South 80'0
west 136.87 feet; thence North 48O52'50" West 67.25 feet; tl
North 3O35'45" West 32.00 feet to a point of terminus on tl-
Southerly line of Tamarack Avenue as dedicated and show
Carlsbad tract No. 83-21 Unit No. 3, Map No. 11476 on file ii
office of the recorder of said county.
R%bert G. Schoettmer L.S. 4324
EXHIBIT "A" Page 3 of 5
e 0
SEWER EASEMENT ABANDONMENT
(PARCEL 5, DOCUMENT # 85-167827 RECORDED MAY 13, 1985)
PARCEL 4
That portion of lot "J" of Rancho Agua Hedionda, in the Cit Carlsbad, County of San Diego, State of California, accordin Map No. 823 filed in the Office of the County Recorder of I County lying within a 10.00 foot wide strip of land,
centerline being described as follows:
Beginning at the Easterly terminus of that course design
("2000 foot radius curve having a length of 548.41 feet a
central angle of 15O42'39") on the Northwesterly Boundar
Record of Survey Map No. 9336 filed in the Office of said c
300.46 feet through a central angle of 8O36'27" to the TRUE P
OF BEGINNING; thence along a non-tangent line South 85O29
West 108.75 feet to a tangent 200.00 foot radius curve con
Southeasterly; thence Southwesterly along said curve 83.48
through a central angle of 23O54'53"; thence along a non-tan line South 61O34'41" West 201.24 feet to a tangent 150.00
radius curve concave Southeasterly; thence Southwesterly a said curve 226.84 feet through a central angle of 86'38'51
the point of terminus.
The sidelines of said easement ot belengthened or shortened s
to terminate on the arc of the 2000.00 foot radius CI mentioned at the TRUE POINT OF BEGINNING,
. Schoettmer L.S. 4324 Date
EXHIBIT "A" Page 4 of 5
e e
SEWER EASEMENT ABANDONMENT
RECORDED MAY 13, 1985) (PORTION OF PARCEL A DOCUMENT NO. 85-167827
PARCEL 5
That portion of lot "J" of Rancho Agua Hedionda, in the Cit
Carlsbad County of San Diego, State of California, accordin Map no. 823 filed in the office of the County Recorder of County lying within a 10.00 fsot wide strip of land,
centerline being described as follows:
Beginning at the Northerly terminus of that certain course de
nated "North 21°05100" West 444.98 feet" on the westerly bour
line of record of Survey Map No. 9336 filed in the office of
County Recorder; thence along said boundary South 21'05 '00"
3.50 feet; thence leaving said boundary South 63°47'05"West 1 feet to the TRUE POINT OF BEGINNING being also a point on the
of a non-tangent 170.00 feet radius curve concave Easter1
radial line to said point bears South 81°04'OO"West; th
continuing South 63'47'05" West 114.35 feet to a point on thc
of a non-tangent 200.00 foot radius curve concave Southwestei
radial line to said point bears North 63'17'45" East; th
central angle of lO"39'52"; thence leaving said curve alc
non-tangent line North 79'37 '55" West 51.92 feet thence N
63O11'18" West 106.11 feet to a point of terminus, said F
being a point on the Easterly Boundary of Carlsbad Tract N0.t
Unit No. 1, Map No. 11286 on file in the Office of the Recc
of said County.
Northwesterly along the arc of said curve 37.23 feet throi
The sidelines of said easement to be lengthened or shortenc
as to intersect the arc of the 170.00 feet radius curve ment
at the TRUE POINT OF BEGINNING and the Easterly Boundary oi
11286 at the Point of terminus.
7 -IC - 86 Robert G. Schoettmer L.S. 4324 Date
EXHIBIT "A" Page 5 of 5
&H57~dG /o’f&w-k
€H5€MEU7- FEE
D&. do 8?5-/b782
PZC. 5-/3- 85 U.R.
HBMA/.UdED
ENGINEER OF WORK
CIVIL wuammmmm-muw~~ SEWER EASMENT
A RA NDO NMLN T
? 0 - I
1 BEARING /A R DL
N85'29'35"L 117.93'
2 4:23"64.'53" Z/f' 88.07' -
C. T. NO, 8e-l UNJT Nr3,
MAP NO, 11476
------A d9 '5-59 *M/Z.P)
A/743&!!2(p) -------___
EXHIBIT Page 3 o _I_....x. c _..----
EXP 9-30-89
RICK INOINRIRINm C
CIVIL ENQINIRRI. lURVEVOill
m L~UCI mun -CA m-n+ - m- -A rr lDIIcl- - - RD -C&-&CA.l)II
S€W€R €AS€/U€NT
ABA"ONM€N T - ---.. &I --
0
, f
2
' BLARING /A R DL
N85°29'35"E
0~23"5453" 200' 83.48' -
I
EXHIBIT ''
RECORDING REQUESTED BY
' CITY OF CARLSBAD
AND WHEN RECORDED MAIL TO r 1 CITY OF CARlSBAD
1200 Elm Avenue Name
Street Carlsbad, CA 92008 Address
_I City & State L
MAIL TAX STATEMENTS TO r 1
CITY OF CECSBAD Nar- e
Street
Address
City &
State L _I
SPACE ABOVE THIS LINE FOR RECORDER'S USE
-I2
J + aa
L
CAT. NO. "00582 Individual Grant Deed A.P.N. NO# 168-(
THIS FORM FURNISHED BY TlCOR TITLE INSURERS TO 1923 CA (2-83)
CNk The undersigned grantor(s) declare(s):
Documentary transfer tax is $ -0- Easement Only
( ) computed on full value of property conveyed, or
( [ ) Unincorporated area: kXK) City of Carlsbad , and
) computed on full value less value of liens and encumbrances remaining at time of sale.
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
CEDRIC E. SANDERS, a married man, as his sole and separate proper
hereby GRANT(S) to The CITY OF CARLSBAD, a municipal corporation,
the following described real property in the City of Car-sbad CounVof San Diego , State of California:
an easement for drainage purposes
See Exhibit "A" Sheet 1 for legal description, attached
and made a part hereof.
All as shown for convenience sake on Exhibit "B, attached
and made a part hereof.
...
Dated: June 30, 1986 &!& EDRIC E. SANDE S
STATE OF CALIFORNIA
COUNTYOF SAN DIEGO }ss.
~.. ..-- -. - -__ . On July 9, 1986 Detore .- . --
personally appeared Cedric E. Sanders
personally known to me or proved to me on the basis of sat- isfactory evidence to be the person-whose name I-s
subscribed to the within instrument and acknowledged
that hP executed the same. WITNESS my hand and official seal.
me, the undersigned, a Notary Public in and for said State,
SdN DiW COUW 9 My comm. expi:n JAN 31, 1937 ; - ,--. ___y-Tw.-'> ._-- - . - . ~ -. . -.. -..- ,. .,-.. 4 Signature , U!&
(This area for official notarial seal)
T;?I,. f>.-A,a,. hl,, ?.
41) 0
CERTIFICATION FOR ACCEPTANCE OF DEED
This is to certify that the interest in real property
conveyed by the deed or grant dated June 30, 1986
from CEDRIC E. SANDERS, a married man, as his sole and separate proper
to the City of Carlsbad, California, a municipal corporation,
is hereby accepted by the City Council of the City of Carlsba
California pursuant to resolution No. 8718 , adopted
on August 5, 1986 , and the grantee consents to the
recordation thereof by its duly authorized officer.
DATED: August 6, 1986
By : Ag*a<TE!!--le
DRA INAGE
EAS€M€NJ
RICK RNQlNRIRlNO C
CIVIL PNQINEERB*~URWEYOR
m rmrrr -.mu -w mi*-# mnormacrrrrrrqumi~m - rm mANrA m -8AN -
_-e 1
e 0
STORM DRAIN EASEMENT
EXHIBIT "A"
That portion of Lot I'D" of Rancho Agua Hedionda, in the City o Carlsbad, County of San Diego, State of California, according tc Map No. 823 filed in the Office of the County Recorder of saic County, described as follows:
Beginning at the Northerly terminus of that course designatec "North 13O27'33" West 360.00 feet" on the boundary line ol Record of Survey Map No. 9336 filed in the Office of said Count1 Recorder; thence South 13O27'33" East 46.20 feet to the TRUE
POINT OF BEGINNING; thence leaving said boundary line Soutk 34O35'25" East 122.14 feet; thence South 55O24'35" West 15.0( feet; thence North 34O35'25" West 83.33 feet to the boundary line of said Record of Survey No. 9336; thence along said boundarl
North 13O27'33" West 41.61 feet to the TRUE POINT OF BEGINNING.
7-22-86 Date &AJ& Robert G. Schoettmer L.S. 4324
0 0 . ' * '_ * P-ECORDING REQUESTED BY:
..
WHEN RECORDED MAIL TO:
City of Carlsbad
1200 Elm Avenue
Carlsbad, California 92008
168-040-25 Ref. Street Dedicuns Space Above This Line For Record
167-101-16 6 21 Ref. Street Drain
SUBORDINATION AGREEMENT
NOTICE: THIS SUBORDINATION AGFW3G'NI' RJ~SUL'~'S IN
YOUR SECURITY INTEREST IN THE PROPERTY
BECOMING SUBJECT TO AN ESTATE IN THE
REAL PROPERTY TO WHICH YOUR SECURITY
INSTRUMENT ATTACHES AND HAS THE POTENT AL
EFFECT OF REDUCING THE VALUE OF YOUR.?
SECURITY INTEREST.
/
\ /
THIS AGREEMENT, made this 39th day Of June
by Cedric E. Sanders, a married man
owner of the land hereinafter described and hereinafter referrc
. as "Owner," and VERMX SAViNGS & LOANpSsoCIATION, a Texas - savinqs and
loan association . present owner and 1
of the deed of trust and note hereinafter described and herein;
referred to as "Beneficiary";
WITNESSETH
THAT WHEREAS, Cedric E. Sanders -
did execzte a deed of tr
Auqust 17, 1982 e to Transame- - le Ins
C omp any , as trustee, covering
SEE EXHIBIT "A" ATTACHED
to secure a note in the sum of $ 18,,390,000.00 , dated
August 17, 1982 , in favor of Vernon Savings and Loan Ass
page- 82-282( recorded September 10, 1982 , in book
Official Records of said county, as subsequmtly dfied by instrum€ record as of the date hereof; and
WHEREAS, Owner has executed, or is about to execute,
grantor "h grant of easement for Public street purposes dated June 4
mre particularly described on EXHIBIT "B" attached hereto, and (2) a pan1
easement for drainage purposes dated June 30, 1986, more particularly desci on EXHIBIT "C" attached hereto,
_y_- 9 ---/---_
0 0 ..
..-
-in favor of The City of Carlsbad, a municipal Corporation
as grantee herein referred to as "Easement Grantee,"
and
WHEREAS, it is a condition precedent to obtaining sa
easementsthat said grantsof easement above mentioned shall unc
ditionally be and remain at all times a charge upon the land h
before described, prior and superior to the lien or charge of
deed of trust above mentioned; and
WHEREAS, Easement Grantee is willing to accept said
mentsprovided the grant of easement is a charge upon the above
described property prior and superior to the lien or charge of
deed of trust above mentioned and provided that Beneficiary wi
specifically and unconditionally subordinate the lien or charg
of the deed of trust above mentioned to the lien or charge of
easementscreated in favor of Easement Grantee; and
WHEREAS, it is to the mutual benefit of the parties
that Easement Grantee accept said easementsand Beneficiary is
willing that the grantsof easement shall, when recorded, const
a charge upon said land which is unconditionally prior and SUE
to the lien or charge of the deed of trust above mentioned.
-
NOW, THEREFORE, in consideration of the mutual benej
accruing to the parties hereto and other valuable consideratic
receipt and sufficiency of which consideration is hereby acknc
and in order to induce Easement Grantee to accept said easemei
referred to, it is hereby declared, understood and agreed as
follows:
(1) That said easementsin favor of Easement
Grantee shall unconditionally be and reinain
at all times a charge on the property therein
described, prior and superior to the lien or
charge of the deed of trust above mentioned.
-2-
e 0
*.
n (2) That Easement Grantee would not accept said easement
above described without this subordination agreement
(3) That this agreement shall be the whole and only
agreement with regard to the subordination of the
lien or charge of the deed of trust above
mentioned to the easementsin favor of Easement
Grantee above referred to and shall supersede
and cancel, but only insofar as would affect the
priority between the deed of trust and easements
hereinbefore specifically described, any prior
agreement as to such subordination including, but
not limited, those provisions, if any, contained
in the deed of trust above mentioned, which
provide for the subordination of the lien or charge
thereof to another interest in the real property
therein described.
Beneficiary declares, agrees and acknowledges that
(a) He consents to and approves the grantsof
easement in favor of the EasemGt Grantee.
(b) He intentionally and unconditionally waives,
relinquishes and subordinates the lien or
charge of the deed of trust above mentioned
to the easementsin favor of Easement Grantee
above referred to and understands that in reli
upon, and in consideration of, this waiver,
relinquishment and subordination the grants
of easement arebeing executed and delivered,
t,h~ easements arebeing created, and that specif
monetary and other obligations are being
-3-
- -_- -
-1 * a ..
A‘.,
I and will be entered into by the Easement
Grantee, other lenders and title insurance
companies which would not be made or
entered into but for said reliance upon
this waiver, relinquishment and subordina-
tion; and
(c) An indorsement has been placed upon the note
secured by the deed of trust above mentioned
that said deed of trust has by this instrument
been subordinated to the charge of the ease-
ments in favor of Easement Grantee above referrec
to.
VEEPJON SAVINGS & LQM ASSOCIATION. a
Cedric E. Sanders
Owner
(ALL SIGNATURES MUST BE ACKNOWLEDGED)
I
I i STATE C)F CALIFOPNIA iss COUNTYOF 4 (m A-QJ I
On a CJ A,, .1 ,q \q’ic , before me, the undersigned, a Notary Public in and for
, personally known to me (or proved to me on the
R - z l- 5 said State, personally appeared 6, 44 P 1 .3,~&‘+4\ and ‘\ 0
4 ?
L gz E ‘J cA;- President and \ \ Secretary, on behalf of ‘L) ~‘‘ULL
-0 c
\. \ E
5; .3?J-.&T
basis of satisfactory evidence) to be the persons who executed the within instrument as c
.A - & *>- c-t.a&x- 2-4- 9
c mu OFnaALSAL i 5 k ? suchcorporationexecuted thewithin instrumentpursuanttoits ROTARY wmtc- CAUFOR~A 0,‘
1 G F ‘D
-1. tLAL.9 (This area for official notarial seal) 8 SignaturefiLLA, J
the corporation therein named, and acknowledged to me that
by-laws or a resolution of its board of directors PmnapALomcErn SAnMEGocOum
WITNESS my hand and official seal
8
b 1
IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS SUBORDIN
AGREEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPEC
THERETO.
-4-
FA Form 1 (Existing Deed of Trust to New Easement)
-_ -____ . e * -\
.', 2 .
/ and will be entered into by the Easement
Grantee, other lenders and title insurance
companies which would not be made or
entered into but for said reliance upon
this waiver, relinquishment and subordina-
tion; and
(c) An indorsement has been placed upon the note
secured by the deed of trust above mentioned
that said deed of trust has by this instrument
been subordinated to the charge of the ease-
mentsin favor of Easement Grantee above referred
to.
VERNON SAVINGS & J~TATTCIN. a
Terns savings and loan association
Beneficiary Owner
CAT NO "00627 TO 1944 CA (9-84) a TICOR TITLE INSURANCE , (Individual)
I STATE OF CALIFORNIA
u COUNTYOF % kp } ss* && i54 8.Y-L before me the undersigned, a Notary Public in and for .T On said State, personally appeared &?ecL &- s~~zicws
i
w 5
A p.
I , personally known to me or
t the person whose name 15 subscribed to the
within Instrument and acknowledged that kk ex-
cuted the same.
WITNESS my hand and official seal.
w
< proved to me on the basis of satisfactory evidence to be ;c
,
Signature /(ane.yLLM -4!d-Uw
(Thls area for offlclal notarid seal)
IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS SUBORDIP
AGREEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH FLESPEC
THERETO.
-4-
FA Form 1 (Existing Deed of Trust to New Easement)
a' 1 % EXHIBIT A ..
t .-*:
' 1 ,e
3 2,222 \
b I- o 9 a'
.I
b'-* ' .*
*A
THAT PORTION OF LOTS IlD'l, ITt AND "J" OF TUE RANCHO AGUA
HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO THE PARTITION MAP THERE(
NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SA.
COUNTY ON NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS:
TRACT NO. 76-12 ACCORDING TO MAP THEREOF NO, 9935, FILED
BEGINNING AT THE MOST NORTHERLY CORNER OF LOT I OF CARLSBI ..
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON DECEM.
BER 16, 1980, SAID POINT BEING IN THE ARC OF A 642.00 FOO'
RADIUS CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT
BEARS SOUTH 63'53 I 10" EAST; THENCE SOUTHWESTERLY ALONG THI
BOUNDARY OF SAID CARLSBAD TRACT NO. 76-12 AND THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 10'53'10'1 A DISTANCI
OF 121.98 FEET: THENCE TANGENT-TO SAID CURVE SOUTH 37'00'(
WEST, 702.00 FEET TO THE BEGINNING OF A TANGENT 958.00 FO(
RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCETONTINUING SOU'
WESTERLY ALONG THE ARC OF SAID CURVE THROUGH'A CENTRAL AN(
OF 15"47'30" A DISTANCE OF 264.04 FEET; THENCE TANGENT TO
SAID CURVE SOUTH 21°12'30" WEST, 455.73 FEET; THENCE LEAK
THE BOUNDARY OF SAID CARLSBAD TRACT NO. 76-12 NORTH 0'34':
EAST, 944.01 FEET: THENCE NORTH 89°25'1011 WEST, 300.00 FEE
THENCE SOUTH 0'34'50" WEST, 660.00 FEET TO THE BOUNDARY 01
LAND SHOWN ON SAID MAP NO. 9935; THENCE ALONG THE BOUNDARI
OF SAID LAND THE FOLLOWING COURSES NORTH 89'25 'lo" WEST,
317.25 FEET; THENCE NORTH 0'34'50" EAST, 987.75 FEET; THE?
NORTH 24'22'57" WEST, 1,829.13 FEET; THENCE NORTH 24'25'34'
* WEST, 1,805.09 FEET; THENCE NORTH 70'04'37" EAST, 515.00
FEET; THENCE LEAVING SAID BOUNDARY SOUTH 42O45 '55" EAST,
95.64 FEET; THENCE SOUTH 43'00 '00" EAST, 380,OO FEET; THEE
SOUTH 3'30'00" EAST, 190.00 *FEET; THENCE SOUTH 31'30'00"
EAST, 360.00 FEET; THENCE SOUTH 15°00'00" EAST, 140.00 FEE
TO THE BOUNDARY OF LAND CONVEYED TO TREETOPS UNLIMITED BY
RECORDED JUNE 19, 1979 AS FILE/PAGE NO. 79-252293, OFFICI2
RECORDS; THENCE ALONG SAID BOUNDARY NORTH 70'04'37" EAST, 6
RECORDEDMARCH26,1980ASFILE/PAGENO. 80-102577; THENCEALONi
BOUNDARY THE FOLLOWING COURSES SOUTH 16'49 '53" EAST, 218.38 E
THENCE SOUTH 26'10'23" EAST, 500.00 FEET; THENCE SOUTH 8.5'29'
WEST, 480.00 FEETiTHENCE NORTH 39OOOt23" WEST, 372.00 FEET; T
NORTHl3'46'34' WEST, 176.94 FEET; THENCE LEAVINGSAIDTREETOE
SOUTH-70 '-03-'-3-7"WEST ,I67 . 6 4 FEET TO THE WEST BOUNDARY OF LANU
TO SAID TREETOPS UNLIMITED BY SAID DEED RECORDED AT FILE/PAGE
80-102577; THENCE SOUTH 28"37 '41'' EATT;-482:64 FEET; THENCE SC
2'54'50" WEST, 350.00 FEET; THENCESOUTH 17°25'10"EAST, 430.C
257.35 FEET: THENCE SOUTH 24'25 rlO1l EAST,,430.00 FEET: THENCE
-
FEET TO THE BOUNDARY OF LAND CONVEYED TO TREETOPS UNLIMITED BY
: .
# THENCE SOUTH 24'25'10" EAST, 490.00 FEET;-THENCE SOUTH 10-'23'
1.
! % 4* -2 *b ,* f; t * ,*
'4 ,#
*4
48°05'12"EAST, 200.00FEET,THENCESOUTH24°25'10"EAST,300.1
FEET: THENCE NORTH 59°09'50" EAST, 587.00 FEET; THENCE NORTH
43°29-'-50"~EAST, 339.00 FEET; THENCE SOUTH 80°08'50" EAST. 71.2
FEETTOAPOINTINTHEARCOFA 1,000 FOOTRADIUSCURVECONCAVE
THENCE NORTHEASTERLY, NORTHERLY AND NORTHWESTERLY ALONG THE AR
' SAID CURVE THROUGH A CENTRAL ANGLE OF 33'19 '32" A DISTANCE OF 581.64 FEET; THENCE TANGENT TO SAID CURVE NORTH 18O37'12"
WEST, 273.62 FEET TO THE PROPOSED CENTERLINE OF ELM AVENUE
PER THE IMPROVEMENT PLANS ON FILE IN THE OFFICE OF mE CIT ENGINEER OF TXE CITY OF CARLSBAD; THENCE LEAVING THE
BOUNDARY OF SAID TREETOPS UNLIMITED LAND ALONG SAID PROPOS
.WESTERLYLA-&DIAL LINE TO SAID POINT BEARS SOUTH 7~~17~40~ EAS
* CENTERLINE NORTH 71"22!48" EAST, 825.88 FEET TO THE
. BEGINNING OF A TANGENT 1,000.00 FOOT RADIUS CURVE CONCAVE
SOUTHERLY; THENCE NORTHEASTERLY, EASTERLY AND SOUTHEASTERL!
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
34"45'19" ADISTANCE OF 606.59 FEET; THENCE -TANGENT TO SAID
CURVE SOUTH 73O51'53" EAST, 155.?0 FEET TO THE PROPOSED
CENTERLINE OF COLLEGE BOULEVARD AS SHOWN ON SAID IMPROVEME1
PLANS, SAID POINT BEING IN THE ARC OF A 1,000 -00 FOOT RADII.
CURVE CONCAVE SOUTHEASTERLY, A RADIAL LINE TO SAID POINT
BEARS SOUTH 73O51'53" EAST; THENCE LEAVING SAID PROPOSED
CENTERLINE SOUTHWESTERLY AND SOUTHERLY ALONG THE ARC OF SA:
CURVE THROUGH A CENTRAL ANGLE OF 23O04'30" A DISTANCE OF
402.74 FEET TO A POINT IN THE ARC OF SAID CURVE TO WHICH A
RADIAL LINE BEARS SOUTH 83°03'38'0 WEST, SAID POINT ALSO-
BEING IN THE BOUNDARY OF LAND CONVEYED TO TREETOP UNLIMITEC
OFFICIAL RECORDS; THENCE LEAVING SAID CURVE ALONG THE
FEET: THENCE SOUTH 7°33'07"EAST, 19.69 FEET. J-~-CORD~SOUTH ?
26 I, WEST, 19.77-FEET) TQ THE.BEGINNINGOF A NON-TANGENT 680 .oOc6
RADIUS CURVECONCAVENORTHWESTERLY,ARADIALLINETOSAIDPOINT
BEARS SOUTH 70 O30 ' 40" WEST: THENCE SOUTHEASTERLY, SOUTHERLY AN
SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THEZOUGH A CENTRAL ANGLE OF 92O09'20" A DISTANCE OF 1,093.72 FEET TO THE -
BOUNDARY OF SAID CARLSBAD TRACT NO. 76-12, A RADIAL LINE
TO SAID POINT BEARS SOUTH 17"20'00" EAST: THENCE LEAVING
SAID CURVE AND SAID TREETOPS LAND ALONG THE BOUNDARY OF
SAID CARLSBAD TRACT NO. 76-12 THE FOLLOWING COURSES NORTH
34"33'00" WEST, 127.12 FEET; THENCE NORTH 60O37'32" WEST,
250.22 FEET TO THE POINT OF BEGINNING.
EXCEPTING FROM THE ABOVE DESCRIBED PARCEL OF LAND THAT
PORTION THEREOF CONVEYED TO CARLSBAD MUNICIPAL WATER
2642, SERIES 8, BOOK 1967, OFFICIAL RECORDS.
BY DEED RECORDED MARCH 26, 1980 AS FILE/PAGE NO. :80-i02~7:
_- BOUNDARY OF SAID TREETOPS LAND SOUTH 69O28'42" WEST, 751.12
DISTRICT BY DEED RECORDED JANUARY 9,- 1967 AS DOCUMENT NO-
* a, t3. - .' 1
*,..s c
.r
'h <-
b
we
THAT PORTION OF LOTS "D" AND "J" OF THE RANCHO AGUA HEDIONC
IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CAL-
IFORNIA, ACCORDING TO THE PARTITION MAP THEREOF NO. 823,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY 0
NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN'THE NORTH BOUNDARY OF LAND SHOWN OK
MAP NO. 9935, FILED IN THE OFFICE OF THE COUNTY RECORDER 01
SAID COUNTY ON DECEMBER 16, 1980, SAID POINT BEARS SOUTH
89O19'35" WEST, 2,580.39 FEET FROM THE NORTHEAST CORNER OF
SAID LAND SHOWN ON MAP NO. 9935; THENCE ALONG SAID NORTH
BOUNDARY NORTH 89"19'35" EAST, 31.12 FEET; THENCE LEAVING
SAID NORTH BOUNDARY SOUTH 38"59'08" EAST, 25.26.FEET TO THE
BEGINNING OF A TANGENT 1,000.00 FOOT RADIUS CURVE CONCAVE . WESTERLY; THENCE SOUTHEASTERLY, SOUTHERLY AND SOUTHWESTERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRA% ANGLE OF
7S055'53"' A DISTANCE OF 1,325.25 FEET; THENCE TANGENT TO
SAID CURVE SOUTH 36"56'53" WEST, 909.95 FEET; THENCE SOUTH
210.00 FEET; THENCE SOUTH 73'43'07" EAST, 200.00 FEET;
THENCE NORTH 56'46 '53" EAST, 400 .OO FEET; THENCE NORTH
14"56'53" EAST, 740.00 FEET; THENCE NORTH 45°51'00" EAST,
350 -01 FEET, THENCE NORTH 74°26'40i' EAST, 429.98 FEET:
.THENCE SOUTH 81'24 '45" EAST, 33 -00 FEET; THENCE PARAILEL
WITH AND 20 -00 FEET WESTERLY, MEASUFSD AT RIGHT ANGLES, FRC
THE EASTERLY BOUNDARY OF LAND SHOWN ON SAID MAP NO. 9935
SOUTH 7"41'08" WEST, 194.03 FEET; THENCE SOUTH 8O22'30" EAS
209 . 84 FEET; THENCE SOUTH 28"31'33" EAST, 166 -53 FEET;
2,165.74 FEET; THENCE NORTH 44O21'23" WEST, 647.96 FEET;
THENCE NORTH 2O23'09" EAST, 240.21 FEET; THENCE NORTH
58"08'02" WEST, 435.66 FEET; THENCE NORTH 76"25'02" WEST,
PER IMPROVEMENT PLANS ON FILE IN THE OFFICE OF THE CITY
ENGINEER OF THE CITY OF CARLSBAD, SAID POINT BEING 'I'HE
BEGINNING OF A 1,000 .OO FOOT RADIUS CURVE CONCAVE SOUTH- EASTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 6o019'01fi
THENCE SOUTHERLYALONGSAIDPROPOSEDCENTERLINEANDTHEARC 01
SAID CURVE THROUGH A CENTRAL ANGLE OF 13O32 f 52" A DISTANCE
SHOWN ON SAID IMPROVEMENT PLANS, A RADIAL LINE TO SAID
POINT BEARS NORTH 73°51i53ii WEST; THENCE LEAVING SAID CURm
ALONG SAID PROPOSED CENTERLINE OF ELM AVENUE AND THE PROLOP ATION OF SAID RADIAL LINE NORTH 73051'531* WEST, 155.70 FEE?
9.Y) THE BEGINNING OF A TANGENT ~,OOO.-oo FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE NORTHWESTERLY, WESTERLY AND SOUTI
53"03'07" EAST, 425.00 FEET: THENCE SOUTH 24O13'07" EAST,
-
: THENCE LEAVING SAID PARALLEL COURSES SOUTH 29"25'01" WEST,.
.420.51 FEET TO THE PROPOSED CENTERLINE OF COLLEGE BOULEVARr
'
OF 236.45 FEET TO THE PROPOSED CENTERLINE OF ELPI AVENUE AS
a.
-- c ,I
Y / 1
RECORDING REaUESTEqC
5
CITY OF CARLSBAD
AND WHEN RECORDED MAIL'TO r 1
irne CITY OF CARLSBAD
1200 Elm Avenue
Carlsbad, California 92008 .eet ldress
J
r 1
tv 5 ate L
MAIL TAX STATEMENTS TO
irne CITY .OF CARLSBAD
reet
jdress
-I tv 84 ate L
- EXHIBIT B
SPACE ABOVE THIS LINE FOR RECORDER'S USE
i (0- =' -
-
-
-
-
CAT. NO. "00582 lndividwal Grant Deed
THIS FORM FURNISHED BY TICOR TITLE INSURERS A*P*N' No" 167-101-16 ' 21 TO 1923 CA (2-83)
The undersigned grantor(s) declareis):
Documentary transfer tax is !§
( ) computed on full value of property conveyed, or
( ) computed on full value less value of liens and encumbrances remaining-at time of sale.
( ) , Unincorporated area: (q City of CARLSBAD , and
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
-0- Easement Only
Cedric E. Sanders, a married man, as his sole and separate property
hereby GRANT(S) to The CITY OF CARLSBAD, a municipal corporation, an
easement for public street purposes
the following described real property in the
Countyof San Diego , State of California:
CITY OF CARLSBAD
See Exhibit "A" Sheets 1 and 2 for legal descriptions,-attached
and made a part hereof.
All as shown for convenience sake on Exhibit "B" , attached and
made a part hereof.
-
CEDRIC E. SANDERS
...
Dated: June 4, 1986
STATE OF CALIFORNIA
COUNTYOF SAN DIEGO )SS. ---..
On June 4, 1986 before me, the undersigned, a Notary Public in and for said State,
pcrsonallyappcared . c& E. wrs
personally known to me or proved to me on the basis of sat-
isfactory evidence to be the person - whose name
subscribed to the within instrument and acknowlcdged that he exccutcd thc same.
1 s
SHARON WESTERN WITNESS my hand and offici31 seal. fJOTARY PLJGLIC - CALIFORNIA
SA' DlFGO CDIJWY ?,?y :.%n. rrpi:.s !:j:; 31, j-2; :, Signature :.-+.x7<, ... i , -.. . , ..-- . 1- _...._.
(This arca for official notarial seal)
'I'itlc oralcr X,). f<scrow or I.oan No.
* t ,+. I I 7." ~/ CT .\ TTr 7 ! Cp.1 Tc ", q $7 I o frTc P e. r: r-! I r-
=^ . /.'a .
$
I Sheet 1 ( STREET DEDICATIONS
EXHIBIT "A"
Parcel A -
Recorder of said County; said point
also being on a 300.00 foot radius c
; a radial line to said point bears h
35O59'14" East, th Southeasterly along the arc of said ( and boundary of s Map No. 10860 and centerline of Tama
106.48 feet to a po of intersection with a non-radial boui
e TRUE POINT OF BEGINNING; thence coni
y North 79OP4'50" East 338.00 feet; tl 26.06 feet to a point on a 330.00
tangent South 79O14 '50" West 102.25
tance of 92.96 fec
- - .I. i J $7 *
L
Sheet 2 of 2
EXHIBIT "A"
Parcel B
Beginning at Point "A" as mentioned in Parcel "A" above; thence
along said boundary of Record of Survey 9336 South 87°15'10" East 50.94 feet; thence leaving said boundary North 04°01'32" East 38.50 feet to the TRUE POINT OF BEGINNING; thence North 04O01'32"
East 51.02 feet to a point on a tangent 330.00 foot radius curve.
concave Northeasterly; a radial line to said point bears South
46°11'02" West; thence Southeasterly along the arc of said curve through a central angle of 00°06'59" a distance of 0.67 feet; thence tangent South 43O55'57" East 56.96 feet to the point of
cusp with a tangent 20.00 foot radius curve concave Southerly; thence Northwesterly and Westerly along the arc of said curve
through a central angle of 8O00OtO0" a distance of 27.93 feet; thence tangent South 56O04 '03" eet to the TRUE POINT
Containing 829.7 square feet.
-
OF BEGINNING-
Y * 4 L
&
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO r
lame
itreef tddress
:Ity &
;tate L
MAIL TAX STATEMENTS TO r
Vame
jtreet
Address
3ity €3 ;tate L
CAT. NO. "00582
THIS FORM TO 1923 CA (2-83)
The undersigned grantor(s) declare(s):
Documentary transfer tax is $ -0- -12 <e 1 + ( ) computed on full value of property
( ) computed on full value less value
( ) Unincorporated area: kXX> City
FOR A VALUABLE CONSIDERATIOF,
CEDRIC E. SANDERS, a
hereby GRANTS) to The CITY
an easement for drainage
the following described real property in
Countyof San Diego
See Exhibit "A" Sheet 1
and made a part hereof.
All as shown for convenience
and made a part hereof.
Dated: June 30, 1986
STATE OF CALIFORNIA
COUNTY OF -.-.-. . ,. -.,*
On
me, the undersigned, a Notary Public in ar.d
personally appeared
personally known to me or proved to me o
isfactory evidence to be the person-whosc:
subscribed to the within instrument and that executed the same. WITNESS my hand and official seal.
Signature
a
. EXHIBIT C
1
_I
1
_I
SPACE ABOVE THIS LINE FOR RECORDER'S US1
Individual Grant Deed A.P.N. No# 168-
FURNISHED BY TlCOR TITLE INSURERS
Easement Only
conveyed, or
of liens and encumbrances remaining at time of sale.
of Carlsbad , and
receipt of which is hereby acknowledged,
married man, as his sole and separate prope
OF CARLSBAD, a municipal corporation,
purposes
the City of Car-sbad , State of California:
for legal description, attached - -
sake on Exhibit "B, attached
CEDRIC E. SANDERS
}ss.
before
for said State,
'I the basis of sat-
acknowledged
name
(This area for official notarial X
0. a (k
iI A
4 4
-... - - -. _- I, ~ t, - .. - ._ - 1.L--_---
-.- ..,, -,,=.- 2:C*x:. 29LL.Z:; ZXL: .-.. T
9' -'>' rLiA\CS3 AG3-L. FiZ3i2;;2-:-, I.'< THf CITY T .-- n T A;i.>L P3RTl35 OF L3T "2"
C...?,LSS.:.~, COUSTV OF SAX ~IE.C;O, STATE 0' C...-LI-?~?!;~A, ACCDRDIKG TO y
K2. 623 FILED IX THZ OFFICZ OF TiIE COLih'TL: RSCORDER OF SAID ZOUK\':
DSSC3I5E3 ?.S FOLLC7:S:
3EGIp;KING -;T T3-;E ~<~IpT~-?,~~ TzR?!II1"JS OF y:-\? CaUP,SE DESLG:\:,A;
":;:3-27'33"P;, 360.00 FSET" a:; T'ZE BOCi<D-\R.Y Si:;E @F RECORE OF SiJR'
:*L:.? >:a. 9536 FILE3 I:; TSE OFFlCL OF S.1113 C3St;TY RECORdER; TYEi.
S13"27'33"2, 46.23 FEET TO TEE TRUE POIKT OF - BEGINNING; TEE: LEAVIKG SAID BOCKDARY LIXE, S34-35 .25"E 122.i4 FEET; TYEt
S55"24'35"6', 15.00 FEET; THEATCE A:33'35'25"iv', 83.33 FEET TO p B3'Jl;DARY LIEE OF SAID 3ECORD OF SUR177sY NO. 9336; THENCE ALOKG S.
BOUSD-qrlRY, K13"27'33"Kr 41.61 FZET TO THE TRUP - P0lf:T OF - BE!GIRKI!dG.
- 2-
7-