HomeMy WebLinkAbout1986-12-22; City Council; 8835; WRIGHT PLACE SUMMARY VACATION, QUITCLAIMS AND GRANT DEEDCITI(IPF CARLSBAD - AGENDlYgILL .. ' ; )' 1 '
AB# 883; TITLE:
CIT WRIGHT PLACE MTG."l&&U&
DEI
CIV DEPT.FNT:
RECOMMENDED ACTION:
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SUMMARY VACATION,
QUITCLAIMS AND GRANT DEED
1. Adopt Resolution No, fY/_? to summarily vacate Wright Place.
2. Adopt Resolution No. fW"/ to quitclaim easements for SI
drainage purposes over a portion of Carlsbad Tract No.81-46.
3. Adopt Resolution No. f4/< accepting an easement for
purposes over a portion of Carlsbad Tract No.81-46.
ITEM EXPLANATION
Carlsbad Airport Centre, owners of the subject property, have reque
above actions. Their intent is to vacate Wright Place and consoli
existing three (3) lots surrounding Wright Place into two (2) lar
This would also require a realignment of the existing storm drain
and elimination of the existing sewer easement.
The City Engineering Department has reviewed all documents and p
these actions and finds them acceptable.
The utility companies were notified of the vacation and have no obje
it as no facilities have been installed.
FISCAL IMPACT
1. Requiring the new easement for drainage purposes now elirnina
expenses in the future for right-of-way acquisitions.
2. Approval of the street vacation will result in approximate1
square feet of land being returned to the tax rolls.
3. Carlsbad Airport Centre has paid the required fees to cov
0 u processing time of these actions. >
cx: EXHIBITS 0 7 1 . Location Map. < I 2. Plat Map.
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3. Resolution No. x7 /3 to summarily vacate Wright Place.
4. Resolution No. fq/q to quitclaim easements for sewer and
purposes over a portion of Carlsbad Tract No.81-46.
5. Resolution No. fr/-s" accepting an easement for drainage
over a portion of Carlsbad Tract No.81-46.
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LOCATION /AA F,
NO 5CALE
h I 3-Z-e Jt&?9mtize %2,
Land Planning Hlllstde Deslgr
Civil Engineering Surveylnc
15010 Avenue of Sclsnce. SUI^ 201 118 ~~008
San D10go. CA 92128
(6191 451.0993
Santa An
17141
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NEW Lof
To be \/a cde
N&w PRAI~'AA~E EASEMENT
TO BE DEUlCATED
DRA~NAGE AND sENcq
E~sENIEN75 TO 8.E
QUiT'CLhIMED
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RESOLUTION NO. 8913
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA SUMMARILY VACATING A
PORTION OF WRIGHT PLACE.
WHEREAS, the owner of Parcels 13, 14 and 15 of Carlsbad Tract
5'1 submitted Adjustment Plat No. 333 to consolidate three lots into twc
6 ! I/ WHEREAS, the resulting lot configuration eliminates the net
7' obtaining public access to the lots in Wright Place; and
8 WHEREAS, the above mentioned owner has requested the vaca
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9 il portion of Wright Plaace as described in Exhibit "A" and shown on E)
I
10 !I and
WHEREAS, the Carlsbad Engineering Department has determined tl
12 '1 no public need for this portion of Wright Place once the property
13 1; adjusted.
14 1 NOW , THEREFORE, ' BE IT RESOLVED by the City Council of t
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I 15 li Carlsbad, California, as follows: ~' 16 I\ 1 . That the above recitations are true and correct.
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17 /I 2. That said portion of Wright Place, more particularly d 'i
18 // Exhibit "A" attached hereto, is excess right-of-way of a street r
19 for street purposes; and
20 !i 3. That portion of Wright Place lies entirely within propert
21 // ownership and that does not continue through such ownership or e
22'; property of another; and
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23 1: 4. That portion of Wright Place has not been used for a per
24 i consecutive years and no public money has been expended for its (I z5 'i during that period; and
26 ~' 5. That pursuant to Section 8334 of Article 1 of Chapter 4 o
27 ~ Division 9 of the California Streets and Highways Code, said portior
28 i\ Place be summarily vacated.
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1 ,I 6. The City Clerk is instructed to record this Resolution of V /I
2 /I PASSED, APPROVED AND ADOPTED at a regular meeting of the Ca
3 11 Council held on the 22nd day of December , 1986 by the followi
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4 I( wit:
5 I! AYES: Council Members Lewis, Kulchin, Pettine and Mamaux
6 !~ NOES: None
ABSENT : None
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8 i! 1' ATTEST:
CLAUDE YJL& kg A. LE IS, Ma)
9
1*:1 A?-,- ETHA L/RAUTENK ANZ, City Clerk
11 11 (SEAL) I' <RE, R. KUNDTZ, Deputy
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LEGAL DESCRIPTION
FOR
STREET VACATION
THAT PORTION OF CARLSBAD TRACT NO. 81-46, IN THE CITY OF CARLSE
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO.
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY
JULY 16, 1985 BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHERLY TERMINUS OF THAT CERTAIN COURSE DES:
"NORTH 26"10'40" EAST 444.65 FEET" IN- THE CENTERLINE OF PALOMAI
WAY AS DESCRIBED ON SAID MAP; THENCE NORTH 63'49'20" WEST 36.0(
THENCE NORTH 26'10'40" EAST 1.56 FEET TO THE BEGINNING OF A TAI
CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 25.00 FEET, THE
POINT OF BEGINNING; THENCE NORTHERLY AND WESTERLY 43.68 FEET AI
SAID CURVE THROUGH A CENTRAL ANGLE OF 100'06'06"; THENCE NORTH
73'55'26" WEST 121.03 FEET TO THE BEGINNING OF A TANGENT CURVE
CONCAVE SOUTHERLY HAVING A RADIUS OF 90.00 FEET; THENCE WESTER1
21.68 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 13"48'0(
THENCE NORTH 87'43'26" WEST 50.00 FEET TO THE BEGINNING OF A TZ
CURVE HAVING A RADIUS OF 60.00 FEET; THENCE WESTERLY, NORTHERLh
EASTERLY 227.19 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE C
216'57'16"; THENCE SOUTH 50'46'10" EAST 50.00 FEET TO THE BEGID
OF A TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 90.00 E
THENCE EASTERLY 36.37 FEET ALONG SAID CURVE TIIROUGH A CENTRAL P
OF 23'09'16''; THENCE SOUTH 73"55'26" EAST 100.41 FEET TO THE BE
OF A TANGENT CVRVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 25.
b
FEET; THENCE EASTERLY AND NORTHERLY 43.79 FEET ALOIJG SAID CURVE
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THROUGH A CENTRAL ANGLE OF lOO"21'59" TO A POINT OF CUSP WITH
CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 364.00 FEET, A
LINE TO SAID POINT OF CUSP BEARS NORTH 84"17'25" WEST; THENCE
SOUTHERLY 130.04 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE
20"28'05" TO THE TRUE POINT OF BEGINNING,
L JQZ /.
Leroy C. Bodas R.C.E. 22312
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A = 13"02' 46" e 0 @ R= -', L=68.31' 3
A = 20".28'05" ,@ == a', Lz ITc3.04'
@ N76'/Oi40''€ k56'
@ A= /7"0/'.35"
L?-- 400' L= //8.87'
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LF"L DE5CRlPTlON OF=
A" V 5E VACATED:
THAT RTWUrl OF CARL5BAD TRACT
No. 01-46, IN TnE CITYUF~KL5~i3, COUNtry OF SAf-1 DIi330, 5TAT OF G4LI FOR bJ IA, ZZL? YlGC tYfl h'ze $9 i
KEC"RDEDAS//\AP No. 11287, FILED IN THE OFFICE OF THE CGUN7-Y RECOKDER
Land Plannlng Hlllside Dey
Civil Engrneerlng Surveylr
OF *IDCOUNTY, JULY 16, 1985, 5HO\VN
A5 \VP?IGt-IT PLACE ON 5AID /M? IMlO Avenue 01 Scrence. Suits 201 I 1s ero
San Oseqo. CA 92128 Sanla P
LEROY c. mr=245
R.C. E. 22312
f619) 451-0993 1714
AREA = '252~6.12 SQ. FT: ".
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EXHIBI
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I# 1 ji RESOLUTION NO. 8914
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3 I! A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, APPROVING QUITCLAIMS
FOR SEWER AND DRAINAGE PURPOSES.
4 11
5 /I WHEREAS, Carlsbad Airport Centre has submitted a request far qt I
6" sewer and drainage easements over a portion of Carlsbad Tract 81-46;
WHEREAS, the City Council of the City of Carlsbad has determir 71
811 in the public interest to quitclaim said easements; i/ 9 Ij NOW, THEREFORE, BE IT RESOLVED by the City Council of I!
1011 Carlsbad, California, as follows:
11 1 1. That the above recitations are true and correct.
1211 2. That the Quitclaim Deeds conveying sewer and drainage easem
l3 11 port ion of Carlsbad Tract No.81-46, to Carlsbad Airport Centre,
14!'1 file with the City Clerk and is incorporated by this reference; is a
3. That the Mayor is authorized to execute the deed.
16 \I PASSED, APPROVED AND ADOPTED at a regular meeting of the Ca
l7 !! Council held on the 22nd day of December , 1986 by the followi
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18 I wit:
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19 AYES: Council Members Lewis, Kulchin, Pettine and Mamaux
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20 ~; NOES: None
21 1~
I ABSENT : None
1: 26 ~
ELAUDE A. LEWIS, May1
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RECORDING REQUESTED BY 0 l e
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AND WHEN RECORDED MAIL TO r 1
Name
Street Address I
C1ty 84 State L _I
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MAIL TAX STATEMENTS TO
Name
Street
Address
Carlsbad Airport Centre
I
City & State L -I
SPACE ABOVE THIS LINE FOR RECORDER'S U
CAT. NO. NN00576
TO 1920 CA (1-83) THIS FORM FURNISHED BY TICOR TITLE INSURERS HPN LIL-
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Corporation Quitclaim Deed PR 3.7.2 "" " 9
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The undersigned grantor(s) declare(s):
Documentary transfer tax is $ -0- QJN .
( ) 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
) computed on full value of property conveyed, or
i a corporation organized under the laws of the State of California
hereby REMISES, RELEASES AND QUITCLAIMS to Carlsbad Airport Centre,
a Limited Partnership, an easement over
the following described real property in the City of Carlsbad
County of San Diego , State of California:
I q See attached Exhibit "A"
I
I 1 In Witness Whereof, said corporation has caused its corporation name and seal to be affixed hereto 1 instrument to be executed by its Mayor x" and Deputy City Clerk xs i thereunto duly authorized.
I Dated: December 23, 1986 THE CITY OF CARLSBAD, A Municipal Co
STATE OF CALIFORNIA
COUNTY OF } ss. By CLAUDE A. LEWIS, Mayor
On before
me, the undersigned, a Notary Public in and for said By KAREN R. KUNDTZ, Deputy City Cler
State. personally appeared
personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed
the within 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)
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LEGAL DESCRIPTION
FOR
DRAINAGE EASEMENT ABANDONMENT
ALL THOSE PORTIONS OF LOTS 15 AND 16 OF CARLSBAD TRACT 81-46,
THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNI
ACCORDING TO MAP THEREOF NO. 11287, FILED IN THE OFFICE OF TI
COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 16, 1985, MORE PART
DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST WESTERLY CORNER OF SAID LOT 15; THENCE
54"43'04" WEST 73.92 FEET; THENCE NORTH 35'16'56" EAST 15.00
THENCE SOUTH 54"43'04" 'EAST 283.56 FEET TO A POINT ON THE ARC
NON-TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 60.00 I
THROUGH WHICH A RADIAL LINE BEARS NORTH 40'14'25" WEST; THENC
SOUTHERLY 15.16 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE
14"28'39"; THENCE NORTH 54"43'04" WEST 207.73 FEET TO THE POI
OF BEGINNING.
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LEROY C. BODAS, R.C.E. 22312
REF: 5080/12-1-86 EXHIBIT "A"
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Land Planning Hillside Design
Civil Engineering Surveying
AC-APAI 15010 Avenue ot Sclencs. Su~te 201 118 Brookhollow Orlve
ExH1rm-r 7z
San Dqo, CA 92128 Sanla Ana. CA 92705
(619) 451-0993 (714) 545-3039 LeGtAL . EXHIBIT “A”
Shed 2 oC 0
* KtLUKUlNb KtUUtS I tU BY 0 e I-
AND WHEN RECORDED MAIL TO r 1
Name
Street Address I city & State L
11 rl MAIL TAX STATEMENTS TO
Name Carlsbad Airport Centre
Street Address I City &
State L A1 I SPACE ABOVE THIS LINE FOR RECORDER'S U!
CAT. NO. NN00576 Corporation Quitclaim Deed PR 3.7.;
TO 1920 CA (1 -83) THIS FORM FURNISHED BY TlCOR TITLE INSURERS APN 212- 1 The undersigned grantor(s) declare(s):
Documentary transfer tax is $ * -0-
( ) computed on full value less value of liens and encumbrances remaining at time of sale.
( ) Unincorporated area: ( X ) City of Car lsbad , and
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
5 =' ( ) computed on full value of property!!!!eyed; or
u
the City of Carlsbad, a Municipal Corporation
a corporation organized under the laws of the State of California
hereby REMISES, RELEASES AND QUITCLAIMS to Carlsbad Airport Centre,
a California Limited Partnership an easement over the following described real property in the City of Carlsbad
County of San Diego , State of California:
See attached Exhibit "A"
I
In Witness Whereof, said corporation has caused its corporation name and seal to be affixed hereto ,
instrument to be executed by its Mayor hzs&uxt and Deputy City Clerk SI
thereunto duly authorized.
Dated: December 23, 1986 THE CITY OF CARLSBAD, A Municipal Cc
STATf. OF CALIFORNIA
COUNTY OF
On before
me, the undcrsigned, a Notary Public in and for said
} ss. By CLAUDE A LEI;JTs , Mayor
By KAREN R. KUNDTZ, Deputy City Clerk
State, personally appeared
personally known to me or proved to me on the basis of
satisfactory evidence to be the person who executed
the within insrrumrnt 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 oE its board of directors.
WITNESS my hand and official seal.
Signature
(This area for official notarial seal)
1 I -r;rlp nrAPr hl,, -
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LEGAL DESCRIPTION
FOR
SEWER EASEMENT VACATION
ALL THAT PORTION OF LOT 13 OF CARLSBAD TRACT 81-46 ACCORDING
MAP THEREOF NO. 11287, IN THE CITY OF CARLSBAD, COUNTY OF SAh
STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORD
SAN DIEGO COUNTY JULY 16, 1985, BEING MORE PARTICULARLY DESCR
AS FOLLOWS:
BEGINNING AT THE MOST WESTERLY CORNER OF SAID LOT 13; THENCE
35'22'44" EAST 322.16 FEET TO A POINT ON THE ARC OF A NON-TAN
CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 60.00 FEET THROUGH
WHICH A RADIAL LINE BEARS SOUTH 35'22'44" WEST; THENCE EASTEF
20.39 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 19"28'
THENCE SOUTH 35'22'44" WEST 325.78 FEET TO A POINT ON THE ARC
A NON-TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 1932
FEET THROUGH WHICH A RADIAL LINE BEARS SOUTH 35"36'38" WEST;
THENCE NORTHWESTERLY 20.00FEET ALONG SAID CURVE THROUGH A CEN
ANGLE OF 0'35'35" TO THE POINT OF BEGINNING.
J /x /&A
REF: 5080/12-1-86
EXHIBIT "A"
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3 1;
RESOLUTION NO. 8915
A RESOLUTION UF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORhIA, ACCEPTING A GRANT DEED.
4l WHEREAS, Carlsbad Airport Centre has submitted a Grant Deed c
5 easement to the City of Carlsbad for drainage purposes over E
6 Carlsbad Tract No.81-46; and
7 11 I
WHEREAS, the City Council of the City of Carlsbad has determin
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in the public interest to accept said Deed;
NOW, THEREFORE, BE IT RESOLVED by the City Council of
Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the Grant Deed from Carlsbad Airport Centre, dated [
1986, conveying an easement for storm drain purposes over a portion I
Tract No.81-46 to the City of Carlsbad which is on file with the Cit:
I 15 11 is incorporated herein by reference, is accepted.
16 I/ I/ 3. That the City Clerk is authorized to cause the original
17 I/ recorded in the Office of the County Recorder of San Diego Count' I
18 ~: California, with the appropriate Certificate of Acceptance attached.
!!
19 ;: PASSED, APPROVED AND ADOPTED at a regular meeting of the Cal
20 1) Council held on the 22nd day of December , 1986 by the followir 1;
21 11 wit:
I/
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22 li AYES: Council Members Lewis, Kulchin, Pettine and Mamaux
23 li 11 I1
NOES: None
24 ABSENT : None
25 /I ATTEST: CLAUDE A. LEWIS, Maya
26 11 y&,, %. 6
27 !I; ALdrHA L.dAU&NKRAN?, City Clerk II KAREN R. KUNDTZ, Deputy Clty Clerk 28 ~I (SEAL) // /j
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RECORDING REQUESTED BY e S 'City of Carlsbad
1200 Elm Avenue
,Carlsbad, CA 92008
AND WHEN RECORDED MAIL TO
l- 1
Name City of Carlsbad
1200 Elm Avenue
Street Carlsbad, CA 92008 Address
City & State L J
0
I 1 MAIL TAX STATEMENTS TO r 1 City of Carlsbad
1200 Elm Avenue Name
Street Carlsbad, CA 92008
Address
City & State L -I
SPACE ABOVE THIS LINE FOR RECORDER'S I
CAT. NO. NN00586
T3 1925 CA (11-83)
Partnership Grant Deed PR 3-2-17
THIS FORM FURNISHED BY TICOR TITLE INSURERS APN 212-090-11
JZ Documentary transfer tax is -0- k ; The undersigned grantor(s) declare(s):
( ) 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: ( x) City of Carlsbad , and
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Carlsbad Airport Centre
a limited partnership organized under the laws of the State of California
an easement over
i ' hereby GRANTS to The City of Carlsbad, a municipal corporation,
I the following described real property in the City of Carlsbad
County of San Diego , State of California.
L_i
SEE ATTACHED EXHIBIT "A"
Dated: 1 d 9 / & I
t ss.
BY /&k& ?d+*
On q* w 17% before BY
me, the undersigned, a N
State, personally appeared
~n,sdaffqbr,l >
personally known to me or proved to me on the basis of satisfactory evidence to be the person- who exe-
cuted the within instrument as
of the partners of the partnership that executed the
within instrument, and acknowledged to me that such
partnership executed the same.
(This area for official notarial
L
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LEGAL DESCRIPTION
FOR
DRAINAGE EASEMENT
THOSE PORTIONS OF LOTS 15 AND 16 OF CARLSBAD TRACT NO. 81-46 A(
TO MAP TW,REOF 11287, IN THE CITY OF CARLSBAD, COUNTY OF' SAN D
STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDE.
SAN DIEGO COUNTY, JULY 16, 1985 TOGETHER WITH A PORTION OF WRI(
PLACE AS DEDICATED ON SAID MAP 11287, BEING MORE PARTICULARLY I
AS FOLLOWS :
A STRIP OF LAND 15.00 FEET WIDE LYING 7.50 FEET ON EACH SIDE 0:
FOLLOWING DESCRIBED CENTERLINE:
BEGINNING AT THE CENTERLINE INTERSECTION OF PALOMAR AIRPORT R01:
AND PALOMAR OAKS WAY AS SHOWN ON SAID MAP NO. 11287; THENCE NO€
26'10'40" EAST ALONG THE CENTERLINE OF PALOMAR OAKS WAY 443.09
THENCE LEAVING SAID CENTERLINE NORTH 63'49'20" WEST 36.00 FEET;
NORTH 26 "10 '40" EAST 1.56 FEET TO THE BEGINNING OF A CURVE CONC
WESTERLY HAVING A RADIUS OF 364.00 FEET; THENCE NORTHERLY 71.6E
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11'16'56" TO THE TF
POINT OF BEGINNING; THENCE NORTH 73'55'26" WEST 167.08 FEET: TI-
NORTH 57'16'53" WEST 331.47 FEET; THENCE NORTH 1'00'00" EAST 1
FEET TO A POINT OF TERMINUS.
,' THE.SIDELINES OF SAID EASEMENT TO BE PROLONGED OR SHORTENED TO
TERMINATE EASTERLY ON THE ARC OF A 364.00 FOOT RADIUS CUR
CONCENTRIC WITH THE CENTERLINE OF PALOMAR OAKS WAY.
EXHIBIT "'A" Page 1 of 2 \ &P&
LEROY/C. BODAS, R.C.E. 22312 y \
lb il 11 3&d&#& 9A4"qi 11 I Land Planning Hillside Design
Civil Engineering Surveying
15010 Avenue of Saence, Sum 201 118 Brookhollow Drive
Sa" Olego. CA 92128 Sanra Ana. CA 92705
(819) 4514993 (714) 5453039
esHrE2m-
ACCOAP,
LBGAL
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EXHIBIT "A" Page