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HomeMy WebLinkAbout1987-05-05; City Council; 8984; La Costa AV mitigation project plans & specsrpf I CIT- OF CARLSBAD - AGENr- BILL 6 ' -' ACCEPTANCE OF DEDICATIONS AND APPROVAL C,TYATT OF PLANS AND SPECIFICATIONS FOR THE MTG.ns/os/R7 DEPT.MP LA COSTA AVENUE MITIGATION PROJECT CITY MOR.* RECOMMENDED ACTION: 3 2-0 Adopt Resolution No. 70#&- approving plans and specifications, authorizing the City Clerk to advertise for bids for the construction of the La Costa Avenue Mitigation project, No. 3233, acceptance of right-of-way dedications, and appropriating funds for the project. ITEM EXPLANATION: The City of Carlsbad's mitigation plan for the La Costa Avenue Corridor projects has been approved by all State and Federal regulatory and permitting agencies. As an express condition of the City's Coastal Development Permit issued by the California State Coastal Commission for the installation of improvements to the intersection of La Costa Avenue and El Camino Real, the City is required to mitigate wetland and riparian area infill by creating new wetland and riparian areas along the south shore of the Batiquitos Lagoon. Staff recommends the City Council approve the attached plans and specifications and authorize the advertisement of bids for the construction of these mitigation measures. The mitigation project will be bid concurrently with the recently approved plans and specifications for the improvements to the intersection of La -. Costa Avenue and El Camino Real. _- The City has secured right-of-way dedications from Hunt Properties, Inc. for required right-of-way for the La Costa Avenue Corridor projects. Staff recommends the City Council accept the attached dedications and direct the City Clerk to record the documents. The City Council recently retained special counsel to appraise, negotiate and acquire additional required right-of-way from five (5) other property owners along La Costa Avenue. Acquisition negotiations and proceedings are presently underway. Bids will be opened on Wednesday, June 3, 1987 for both the intersection and mitigation projects. It is estimated that a recommendation for award of the construction bids for both projects will occur in early July concurrent with acquisition of interest in the additional required private property right-of- way. Page Two of Agenda Bill No. FISCAL IMPACT: There is no current appropriation for the construction of the La Costa Avenue Mitigation project. A summary of the estimated project costs is as follows: Construct ion Construct ion contingency ( 1 OX) Project inspection and supervision of Project administ rat ion Soils testing and compaction services landscaping and irrigation installation $625,000 62,000 25,000 18,000 20.000 Total estimated project construction cost $750,000 Staff recommends the City Council transfer $750,000 of General Capital Construction funds to the Traffic Impact Fee Fund, Southern Section, Fund No. 133, and appropriate this amount for the project. The use of Traffic Impact Fee funds for this project would enable over time the collection of fees sufficient to reimburse the Fund the final cost of the project. EXHIBITS : 1. Location Map. 2. Resolution No. 9043: accepting right-of-way dedications, approving plans and specifications, authorizing advertisement of bidding, and appropriation of project funds. 3. Right-of-way dedication documents, agreement, lien releases, and partial lien reconveyances (on file in the Office of the City Clerk). LOCATION MAP BATIQUITOS LEGEND i\\F MITIGATION AREA PHASE I - EL CAMINO REAL VlClMTY MAP N.1. s. MITIGATION PROJECT I3233 I 1 1 2 3 4 5 6 7 8 9 10 .ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 RESOLUTION NO. 9045 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEDICATIONS, APPROVING PLANS AND SPECIFICATIONS, AUTHORIZING THE ADVERTISING OF BIDDING, AND APPROPRIATION OF PROJECT FUNDS FOR THE CONSTRUCTION OF THE LA COSTA AVENUE MITIGATION PROJECT, NO. 3233 CARLSBAD CALIFORNIA, ACCEPTING RIGHT-OF-WAY WHEREAS, the City Council of the City of Carlsbad, California, has determined it necessary and in the public interest to construct the improvements to La Costa Avenue between Interstate 5 and El Carnino Real inclusive; and WHEREAS, plans and specifications for the construction of said improvements including required mitigat ion measures for Project No. 3233 have been prepared and are on file in the Office of the City Clerk and the Municipal Projects Department of the City of Carlsbad; and WHEREAS, said plans and specifications are hereby incorporated by reference herein; and WHEREAS, certain right-of-way dedications affecting said project have been offered to the City of Carlsbad; and WHEREAS, appropriation of funding necessary to construct said improvements is required; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the plans and specifications for the construction of improvements to La Costa Avenue in the form of mitigation measures are hereby approved. 3. That the City Clerk of the City of Carlsbad, California, is hereby authorized and directed to proceed to E r 17 le 19 20 21 22 23 24 25 26 27 28 , I publish in accordance with law, Notice to Contractors inviting bids, for the construction of said improvements in accordance with the plans and specifications hereinabove referred. 4. That certain right-of-way dedications, lender's lien releases and lender's partial reconveyance lien releases from Hunt Properties, Inc. on file in the Office of the City Clerk are incorporated by reference herein. 5. That the aforementioned right-of-way dedications, lender's lien releases and lender's partial reconveyance lien releases from Hunt Properties, Inc. are hereby accepted and the Mayor and City Clerk are authorized and directed to execute said dedication documents. 6. That the City Clerk of the City of Carlsbad is hereby directed to record the aforementioned right-of-way dedications, lender's lien release and lender's partial reconveyance lien release documents. 7. That the attached agreement regarding grant of right- of-way between Hunt Properties, Inc. and the City of Carlsbad is hereby approved and the Mayor and City Clerk are hereby authorized to execute said agreement. 8. That the City Council of the City of Carlsbad, California, hereby approves the transfer of $750,000 from the General Capital Construction Fund to the Traffic Impact Fee Fund, Southern Section, Fund No. 133. 9. That the City Council of the City of Carlsbad, California, hereby appropriates $750,000 from the Traffic Impact Fee Fund, Southern Section, Fund No. 133 as transferred / // 3 2 & 4 I; Y e 9 E 9 IC 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 above for the construction of Project No. 3233, La Costa Avenue Mitigation project. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 5th day of May 9 1987 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson NOES: None ABSENT: None ATTEST: ALETHA L. RAUTENKRANZ, City C!lerk (SEAL) 1 1- I t AGREEMENT REGARDING GRANT OF RIGHT-OF-WAY t This agreement ("Agreement") is made and entered into this 9th day of Anril , 1987 by and between the City of Carlsbad, a municipal corporation ("City") and Hunt Properties, Inc., a Delaware corporation doing business as HPI Development Company ("HPI") on behalf of W. H. Hunt and N. B. Hunt ("Owners"), with reference to the following facts: A. City desires to acquire from HPI certain property along La Costa Avenue and El Camino Real in connection with the widening and improvement of portions of those streets by City. B. HPI has offered to dedicate, or cause to be dedicated, certain real property of Owners (the "Dedicated Land") in connection with such improvement project by the City. C. HPI has tendered to City four dedications, in the forms attached hereto as Exhibits "I", "11" , "III", and "IV," respectively. D. It is acknowledged that the dedication set forth in Exhibit "11" would, when used by the City for its improvement program, result in the destruction by City of the only two driveway access points from El Camino Real to the offices of HPI currently situated on property of Owners adjacent to such intersection, as well as the destruction of a certain number of HPI's parking spaces. NOW, THEREFORE, it is agreed as follows: c r 1. City acknowledges that the tender of the dedications set forth in Exhibits ''I", "II", "111" and "IV" repsectively, satisfies that portion of Carlsbad Municipal Code Section 21.90.030 (h) (2) (iv) relating to right-of-way for roads. 2. It is acknowledged that the dedication set forth in Exhibit "11" is specifically made so that City may implement that certain Improvement Plan for La Costa Avenue Intersection at El Camino Real, City Project 3215, Drawing No. 270-7 consisting of sheets 1-8, as approved by City Engineer on April 23, 1986 (the "Intersection Plans" revisions dated 12/11/86 and 2/9/87. City agrees to construct the improvements as set forth in the "Intersection Plans." As compensation for taking of the driveways and parking spaces referred to in Recital D, upon acceptance of the dedication set forth in Exhibit "11" City hereby agrees to install and construct, at no expense to HPI or Owners, paved driveway access and parking spaces in the size and in substantially the same locations as are set forth on the intersection plans. City shall prepare detailed drawings necessary for actual construction, consistent with the concept articulated herein, and which plans shall be subject to the approval of HPI (which approval HPI shall not unreasonably withhold). City shall cause construction to be performed substantially concurrent with its construction work of the "Intersection Plans", and during such construction shall provide means of temporary access for HPI to its subject offices so as not to deprive HPI of the reasonable uses of said offices. HPI and Owners shall grant any necessary license to City to allow entrance upon the property of Owners sufficient for City to accomplish the -2- \ 4 the construction required by this Agreement to its conclusion. City shall indemnify and hold HPI and Owners, their agents, employees, partners, trustees, beneficiaries and successors in interest harmless from any loss, expense (including without limitation attorneys' fees and court costs), cause of action, action or judgement for claims or liens for (i) labor performed and materials used in connection with such construction, and (ii) injury to persons or property arising therefrom, except to the extent that such injury results from the willful or negligent acts of HPI, Owners or their agents, employees, partners, trustees, beneficiaries and successors in interest. 3. Attached hereto as Exhibit ''VI'' and incorporated herein by reference are easement deeds for certain real property owned by Owners ("Mitigation Property") . Owners acknowledge that, in connection with construction of the road improvements which are subject of the dedications set forth in Exhibits I through IV, inclusive, pursuant to the City's Coastal Commission and other regulatory permits for such construction, it has been made a requirement thereof that certain mitigation work be undertaken by City to offset encroachment of such street and road improvements into certain wetlands vegetation. Owners hereby deliver these right-of-way easements to City so that City may perform and subsequently maintain such mitigation work upon the land so granted. 4. The burdens of the Agreement bind and the benefits of the Agreement inure to the parties' successors in interest. 5. All notices required or provided for under this Agreement shall be in writing and delivered in person or sent by -3- i I , 8 I certified mail, postage prepaid. Notice shall be effective on the date delivered in person or the date when the postal authorities indicate that the mailing was delivered to the address of the receiving party indicated below: TO CITY: TO DEVELOPER: City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 Att: HPI Development Company 7007 El Camino Real Carlsbad, California 92009 Att: D.L. Clemens A party may change its address by giving notice in writing to the other party in the manner provded above. 7. This Agreement shall be construed in accordance with the law of the State of California. Should any action be brought in any court of competent jurisdiction, the prevailing party in such action shall be entitled to all attorneys' fees, court costs and necessary disbursements in connection with such litigation. IN WITNESS WHEREOF, this Agreement has been entered into on the day and year first above written. HUNT PROPERTIES, INC. A Delaware corporation SrJ BY: his sole and separate property /5?+5/,&/- W.W. HaT, d married man as his sole and separate property -4- * CITY CLEM CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CA 92008 NOTRANSFER TAX DUE I SPACE ~VE rn RECWKR'S USE ~LY EASEMENT FOR GRADING, LANDSCAPING AND IRRIGATION Assessor's Parcel NO. 216-110-02 & 19 Project LA COSTA AVENUE W.O. No. 3208 N. E. HUNT. a married man. as his sole and separate property and W. H. HUNT, a married man, as his sole and separate property. hereinafter called GRANTOR(S) , do(-) hereby grant, convey and dedicate to the CITY OF CARLSBAD, State of California, hereinafter called GRANTEE, an easement for grading, landscaping and irrigation purposes and incidents thereto, upon, over and across that certain real property within the CITY OF CARLSBAD, State of California, described as follows : Those portions of Section 34, Township 12 South, Range 4 West, San Bernadino Base and Meridian, lying within the riparian areas, according to the Official Plat thereof in the County of San Diego, State of California, described in Exhibit "A" attached hereto and made a part hereto by this reference. All as shown for convenience sake on Exhibits llBtl and "C" attached hereto and made a part hereto by this reference. / " 1 // ,L --/' W.' H. Hunt , 19 87 , beforo mo, tho undcrrlgned, a Notary Public personally known to me (or proved to me on the bash or satrsbctory evldonce) lo bo the perron(,) whoso nsmo(s) #dare rubrcrlbcd to tho within Instrurnont and acknowledged to me that h@%i!Wthoy oxocuto~ tho SIN. $71 -7 (2 On &.,,c ! In and for sard C OUnfy 8nd Sf-h, prBOxy sppawrd N. B. Hunt and W. H. Hunt Wltneas my hrnd rnd offlclal real. fhI* I* to Certify that the Intorest In rod property convoyed by the forogolng easement to the CltY Of Csdrbrd, 8 munlclpd corporation Ir heroby scceptod by tho Clty Councll of said clly Of Cbdrbsd, Calllornla purrusnt to Resolullon No. 9045 adopted on . rnd tho Crsntee consrot, to rocordbtlon tharoof hvuly authortrod May 5, 1987 OlnCQf. EXHIBIT "A" LEGAL DESCRIPTION OF EASEMENT FOR GRADING, LANDSCAPING AND IRRIGATION Being portions of Lots 14 and 15 of Section 34, Township 12 South, Range 4 West, San Bernardino Base and Meridian, in the City of Carlsbad, County of San Diego, State of California, according to Official Plats thereof, described as follows: PARCEL "A" - (EXHIBIT "B") Commencing at the Southeast corner of said Lot 14, said corner is as shown on record of Survey Map No, 9880, said point also shown on Record of Survey Map No. 10774 and labeled No.. 43 thereon: thence Northerly along the Easterly line of said Lot 14 North 00'04'28" West 22.81 feet to the TRUE POINT OF BEGINNING: thence leaving said line North 84'53'08" West 59.53 feet: thence North 89'26'50" West 210.00 feet: thence North 80'26'50" West 155.00 feet: thence North 75'18'18" West 46.56 feet: thence North 08'15'57" West 40.00 feet: thence North 26.26'51" West 35-00 feet: thence North 67'33'10" East 85-00 feet: thence South 26'26'51" East 35.00 feet: thence South . 55'26'50" East 60.00 feet: thence South 71'26'50" East 50.00 feet: thence North 82'33'10" East 155.00 feet: thence North 88'33'10" East 230.00 feet: thence North 28'26'50" West 70.00 feet: thence North 76'33'10" East 55.00 feet: thence South 76'26'51" East 60.00 feet: thence South 35'26'50" East 70.00 feet: thence South 45'33'10" West 50.00 feet: thence South 35'26'50" East 100.00 feet: thence North 84'53'08" West 228.35 feet to the TRUE POINT OF BEGINNING. Together with the right of ingress and egress over, under, and across those portions of Lots 14 and 15 located directly between the La Costa Avenue right of way and the land described in the preceding paragraph, and the right thereon to install, construct, maintain, repair, replace, reconstruct, and inspect any water supply system or grading deemed necessary for the mitigation requirements of the California Coastal Commission and City of Carlsbad. Excepting from said land that portion deeded to Leucadia County Water District, a Political Subdivision, recorded August 11, 1961 as file No. 138158 in the Office of said County Recorder. Also excepting from said land those portions lying Northerly of the Northerly line of said Lots 14-and 15. PARCEL "B" - (EXHIBIT "C") Commencing at the Southeast corner of said Lot 14, said corner is as shown on Record of Survey Map No. 9880, said point also shown on Record of Survey Map No. 10774 and labeled No. 43 thereon, said point being on the Southerly line of said Lot 14 as described in Parcel 4 of deed recorded September 2, 1981 as file/page No. 81-280855 in the office of said recorder: thence Westerly along said Southerly line North 86'58'53" West 661.22 feet to the TRUE POINT OF BEGINNING: thence continuing Westerly along said Southerly line North 86'58'53" West 224.04 feet: thence leaving said line North 55'05'14" West 4.16 feet: thence North 23'27'15" East 60.87 feet: thence South 84'14'02" East In? 77 feet: thence South 59'08'03" East 116.16 feet to the TRUE POINT OF BEGINNING. __ I EXHIBIT 'B' I \ PLAT TO ACCOMPANY LEGAL DESCRIPTION PARCEL 'A' w.0. 3208 VICINITY MAP \ PROJECT AREA WHEN RECORDED, PLEASE MAIL ,' . THIS tNSTRUMENT TO: -- P CITY CLERK CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CA 92008 NO TRANSFER TAX DUE SPACE ABOVE FOR RECORDER'S USE ON1 EASEMENT FOR WBUC HIGHWAY Assessor's Parcel NO. 216-111-04 21 6-1 21 -1 6 216-1 22-01 Project LA COSTA AVENUE W.O. No. 3208 N. B. HUNT, a married man as his sole and separate property and W. H. HUNT, a married man, as his sole and separate property. hereinafter called GRANTOR, do(es) hereby grant, convey and dedicate to the CITY OF CARLSBAD , State of California, hereinafter called GRANTEE, an easement for public highway and public utility purposes and incidents thereto, upon, over and across that certain real property within the CITY OF CARLSBAD, State of California, described as follows : Those portions of Section 34 and 35, Township 12 South, Range 4 West, San Bernardino Base and Meridian, according to the Official Plat thereof, in the County of Ssn Diego, State of California, described in Exhibit "A" and IIB" attached hereto and made a part hereto by this reference. All as shown for convenience sake on Exhibits I'C" through IrD" attached hereto and made a part hereto by this reference. On , 19 87 , befoaro ma, tho undersigned, a Notary Publfc In and for ,$'aid C ounty and btstr, porroiXFy app8red personally known to me [or proved to me on the br~lr of satIsractory ovldrncel to be the perron(,) whom nsmo(s) VIaro rubrcrlbcd to tho within Instrument and acknowledged to me that t%$Sbw/they ox.cutrd tha sim. N. B. Hunt and W. H. €mt Wltnarr my hand and ofltcbl mal. ThI@ I@ to Cortlfy that the Intarost In rod property conv8yed by tho loregolng easrment to CttV Of Carlrbrd, a munlclpal corporstlan Is hereby 8cCepted by tho Clty Councll al wid Of C8rlrbsd, Callfornla pursuent to Rerolutlon Ha. 9045 adopted on , and tho Crantee consent3 to rocordatlon thoroof hvuly buthorlzad Timcer . May 5, 1987 EXHIBIT "A" Being portions of Lot 9 of Section 34, Township 12 South, Range 4 West , San Bernardino Base and Meridian, in the City of Carlsbad, County of San Diego, State of California, according to Official Plats thereof, described as follows: PARCEL "A" - (EXHIBIT "C") Commencing at the Southeast corner of Said Lot 9, said corner is shown as 2'' Iron Pipe with Brass Cap per Record of Survey Map No. 10774, said point also noted on said Record of Survey 10774 as being labeled No. 44 on sheets 4, 5 and 8, said Record of Survey is filed as file No. 86-494180 on October 30, 1986, in the Office of the County Recorder of said San Diego County; thence Westerly along the Southerly line of Parcel 4 in deed recorded September 2, 1981 as fitelpage No. 81-280855 in the office of said recorder South 83O47'23" West 132.36 feet to the TRUE POINT OF BEGINNING; thence continuing South 83O47'23" West 1,169.46 feet: thence leaving said Southerly line North 78°35'51" East 567.08 feet to the beginning of a tangent curve concave Southerly and having a radius of 1,740.00 feet: thence Easterly along the arc of said curve through a central angle of 20°05'1111 a distance of 610.00 feet to the TRUE POINT OF BEGINNING. Together with the privilege and right to extend drainage structures and excavation and embankment slopes 25 feet beyond the limits of the herein described right-of-way where required for the construction and maintenance of said public highway. All as shown for convenience sake on Exhibit "C" attached hereto and made a part hereto in this reference. EXHIBIT ltBr' Being portions of Lots 13, 16 and 17 of Section 35 Township 12 South, Range 4 West, San Bernadino Base and Meridian, in the City of Carlsbad, County of San Diego, State of California, according to the Official Plats thereof, described as follows: PARCEL "B" - (EXHIBIT "0") Commencing at the Southeast corner of Lot 9 of Section 34, Township South, Range 4 West, San Bernadino Meridian, said corner is shown as a 2" Iron Pipe with Brass Cap per Record of Survey Map No. 10774, said point also noted on said Record of Survey 10774 as being labeled No. 44 on sheets 4, 5 and 8, said record of survey is filed as file No. 86-494180 on October 30, 1986 in the Office of the County Recorder of said San Oiego County; thence Southeasterly along the Southerly line of Parcel 2 in deed recorded September 2, 1981 as filelpage No. 81-280855 in the office of said recorder; thence South 6lo0lt54" East 164.67 feet to the TRUE POINT OF BEGINNING; said point being a non-tangent point on a curve concave Southwesterly and having a radius of 1,740.00 feet, a radial bears North 18°01'241t East; thence Southeasterly along the arc of said curve through a central angle of 12O55'27" a distance of 392.49 feet; thence South 59°03t09tt East 547.40 feet; thence South 60°06t10" East 600.10 feet to the beginning of a non-tangent curve concave Northeasterly and having a radius of 1,449.00 feet; a radial bears South 30°56t5111 West; thence Southeasterly along the arc of said curve through a central angle of 17°52t12tt a distance of 451.93 feet to a point on the Southerly line of the aforesaid deed; thence Southwesterly and Northwesterly along said deed line South 64°26'00" West 69.35 feet; thence North 61°01'54" West 1.944.10 feet to the TRUE POINT OF BEGINNING. Together with the privilege and right to extend drainage structures and excavation and embankment slopes 45 feet beyond the limits of the herein described right-of-way where required for the construction and maintenance of said Public Highway. All as shown for convenience sake on Exhibit "Dtt attached hereto and made a part hereto by this reference. . . ---- .-a ..I_ - 4 ,.. -- EXHIBIT "C" - PLAT TO ACCOMPANY LEGAL DESCRIPTION PARCEL "A' - W.O. 3208 LU XP0.8. _s VICINITY MAP % PROJECT AREA f- c3 -I , CITY CLERK CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CA 92008 NO TRANSFER TAX WE SPACE ABOVE FVt? R€CmLER's Usf ONL) EASEMENT FOR GRADING, LANDSCAPING AND IRRIGATION Assessor's Parce I NO. 216-111-04 21 6-1 21 -16 216-122-01 Project LA COSTA AVENUE W.O. No. 3208 N. 6. HUNT, a married man as his sole and seDarate DroDertv and W. H. HUNT. a married man, as his sole and separate property. hereinafter called GRANTOR(S1, do(es) hereby grant, convey and dedicate to the CITY OF CARLSBAD, State of California, hereinafter called GRANTEE, an easement for grading, landscaping and irrigation purposes and incidents thereto, upon, over and across that certain real property within the CITY OF CARLSBAD, State of California, described as fol lows : Those portions of Section 34 and 35, Township 12 South, Range 4 West, San Bernardino Base and Meridian, lying within the wetlands areas, according to the Official Plat thereof, in the County of San Diego, State of California, described in Exhibit "A'' and IIB" attached hereto and made a part hereto by this reference. All as shown for convenience sake on Exhibits "C" through "E" attached hereto and made a part hereto by this reference. L 1 I. , 19 8- - Dated thh /' On ,."IC; 4- ( 2 ,' -4 In and for sild $ ounty end bt ate, parsoXy 8ppeared personally known to me (or proved to me on the bm1s of satTsracfory ovldrnce) to bo , 19 87 , befora ma, tho undcrrlgned, 8 Notary Publi N. B. Emt and W. H. IWt the person(,) whora nama(i) Ware rubscrlbcd to tho within Instrument and scknowledgoc to me that-/they omcutad tho SBN. Wltnerr my h8nd 8nd ofliclrl real. fhl@ I* to C@rtlfy that tho Intorort In rad property convoyed by the forogolng e8roment ta the city of Carlsbrd, 8 munlclpal corporrtlon Is hereby secepted by the Clty Councll ol city Of Carlrbsd, Cdlfornl~ pursuant to Rerolutlon No, 9045 adopted on , and tho Crantoe consents to recordallon thoreof t,vuly authorltad orncrr. May 5, 1987 LEGAL DESCR EXHIBIT "A" PTION OF EASE1,IENT FOR GRADING, LANDSCAPING AND IRR GATION Those portions of Lots 9 and 10 of Section 34, Township 12 South, Range 4 West, San Rernardino Base and Meridian, in the City of Carlsbad, County of San Diego, State of California, according to Official Plat thereof, described as follows: PARCEL "A" - (EXHIBIT "C") thence to the Except Lot 10 Commencing at an angle point on the Southerly line of Lot 15 of Section 34, Township 12 South, Range 4 West, San Bernardino Meridian, said corner is shown as PT. #D and as a 2" diameter Iron Pipe on Record of Survey No. 10774, said record of survey is filed as file No. 86-494180 on October 30, 1986 in the Office of the County Recorder of said San Diego County; thence Easterly along said Southerly line of Lot 15, North 83@47'23" East, 559.84 feet to the TRUE POINT OF BEGINNING; thence leaving said Southerly line, North 68'1 4'41 I' East, 54.04 feet: thence North 38'33'1 6" East, 11 5-00 feet; thence North 79O33'16" East, 135 .OO feet: thence South 66O26'44'' East, 100.00 feet; thence South 73'26'44'' East, 145.91 feet to the Southerly line of said Lot 9; South 83O47'23" West, 489.03 feet along the Southerly lines of said Lots 9 and 15 TRUE POINT OF BEGINNING. ng from said land those portions lying Southerly of the Southerly line of said and Westerly of the Westerly line of Said Lot 9. PARCEL I'B" - (EXHIBIT "D") Beginning at the Southeast corner of said Lot 9, said corner is shown as a 2" diameter Iron Pipe on Record of Survey Map No. 10774 and labeled No. 44 on sheets 4 and 8, said Record of Survey is filed as file No. 86-494180 on October 30, 1986 in the Office of the County Recorder of said San Diego County: thence Southwesterly along the Southerly line of said Lot 9, South 83O47'23'' West, 132.36 feet to a point on a non-tangent curve concave Southerly and having a radius of 1,740.00 feet, said point being on the Northerly right-of-way of the future realignment of La Costa Avenue (Road Survey 1796-65), a radial bears North 08°41'02'' East: thence leaving said Southerly line and Westerly along the arc of said curve through a central angle of 1 0°22'07", a distance of 31 4.88 feet; thence leaving said Northerly right-of-way North 64°00'58'' East, 129.73 feet; thence North 84°00t581' East, 331.54 feet to a point on the Easterly line of said Section 34; thence South 0Oo32'01'' West, 96.28 feet along said Easterly line of Section 34, to the POINT OF BEGINNING. EXtII B IT IIB" LEGAL DESCRIPTION OF EASEMENT FOR GRADING, LANDSCAPING AND IRRIGATION Being portions of Lots 13, 16 and 17 of Section 35 Township 12 South, Range 4 West, San Bernardino Base and Meridian, in the City of Carlsbad, County of San Diego, State of California, according to the Official Plats thereof, described as follows: PARCEL "A" - (EXHIBIT "E") Beginning at the Southeast corner of Lot 9 of Section 34, Township 12 South, Range 4 West, San Rernardino Meridian, said corner is shown as a 2" Iron Pipe with Brass Cap per Record of Survey Map No. 10774, said point also noted on said Record of Survey 10774 as being labeled No. 44 on sheets 4, 5 and 8, said record of survey is filed as file No. 86-494180 on October 30, 1986 in the Office of the County Recorder of said San Diego County; thence Northerly along the common section line for said Sections 34 and 35 North OO"32'01" East 96.28 feet; thence leaving said line North 84O00'58" East 13.46 feet: thence South 76°00'00" East 105.00 feet; thence South 57°00'00" East 120.00 feet; thence South 46°00'00" West 35.00 feet; thence South 6S000'00" East 610.00 feet; thence South 83°00'00" East 185.00 feet: thence South 68°00'00ft East 300.00 feet; thence South 53°00t00t' East 155.00 feet: thence South 28°00'001t East 230.00 feet: thence South 03°00'00" East 89.01 feet to the Northerly right-of-way of the future realignment of La Costa Avenue (Road Survey 1796-65) ; thence Northwesterly along said right-of-way North 60°06'10" West 545.27 feet: thence North 59°03'09" West 547.40 feet to the beginning of a tangent curve concave Southwesterly and having a radius of 1,740.00 feet: thence Northwesterly along the arc of said curve through a central angle of 12°55'27tt a distance of 392.49 feet: thence leaving said curve North 61°01t54t1 West 164.67 feet to the TRUE POINT OF BEGINNING. -. -- - 8 h t \ EXHIBIT "C' PLAT TO ACCOMPANY LEGAL DESCRIPTION PARCEL 'A' W.O. 3208 SECTION 34, T12S , R4W VICINITY MAP DEDICATED PORTION SHOWN THUS: p7d PROJECT AREA EXHIBIT "D' ' PLAT TO ACCOMPANY LEGAL DESCRIPTlON PARCEL "8' W.O. 3208 SECTION 34, T12St R4W -. VICINITY MAP k PROJECT AREA -- __I- / PLAT TO ACCOMPANY LEGAL DESCRIPTION PARCEL ‘A’ ZP 0.0. c- Av7u.4u NEW VICINITY MAP ----- ..___ PROJECT AREA CITY CLERK CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CA 92008 NO TRANSFER TAX WE SPACE ABOVE m? REC#?ER'S USE ONL EASEMENT FOR GRADING, LANOSCAPING AND IRRlGATlON Assessor's Parcel Nc. 216-111-04 Project LA COSTA AVENUE W.O. No. 3208 N. 6. HUNT, a married man, as his sole and separate'property and W. H. HUNT, a married man. as his sole and seDarate nrooertv. hereinafter called CRANTOR(S), do(es) hereby grant, convey and dedicate to the CITY OF' CARLSBAD, State of California, hereinafter called GRANTEE, an easement for grading, landscaping and irrigation purposes and incidents thereto, upon, over and across that certain real property within the CITY OF CARLSBAD, State of California, described as follows : Those portions of Section 34, Township 12 South, Range 4 West, San Bernardino Base and Meridian, lying within the riparian areas, according to the Official Plat thereof, in the County of San Diego, State of California, described in Exhibit "A" attached hereto and made a part hereto by this reference. All as shown for convenience sake on Exhibits llB'l attached hereto and made a part hereto by this reference. , / -f W. H. Hunt f On j- L AI, L 19 87 , beforo mo# tha undcrrlgned, a Notary Publli In snd for sard C Ounty end StSfe, pWBOmy eppmred personally known to me (or proved to me on the brslr ol satlsractory evidence] to bo the pcrran(s) whoso nsmo(9) war. rubscrlbcd to tho withln Instrument and acknonledgoc to me that -1th.y ewrcuted the sam. N. B. Hunt and W. H. Ihmt Wltners my h8nd and offlclrl Sad. Thl* h to Certify that tho Interrrt In reel property conveyed by tho foregoing ememant to the CltY Of Carhbrd, 8 munlclpal corparstlon Is heroby accepted by tho Clty Councll of city Of CWlSb8d, Cslllornlr purwrnt to Rasolutlon No. 9045 adopted on and (ha Crantor congent, to rocordalion thoroof t,y7f,ly buthorlrad v May 5, 1987 ." x EXHIBIT "A" LEGAL DESCRIPTION OF EASEMENT FOR GRADING, LANDSCAPING AND IRRIGATION Ueing portions of Lots 10 and 11 of Section 34, Township 12 South, Range 4 West, San Bernardino Rase and Meridian, in the City of Carlsbad, County of San Diego, State of California, according to Official Plats thereof, described as follows: PARCEL "A'' - (EXHIBIT "B") Commencing at the Southeast corner of Lot 14 of Section 34, Township 12 South, Range 4 West, San Bernardino Meridian, said corner is as shown on Record of Survey Map No. 9880, said point also shown on Record of Survey Map No. 10774 and labeled No, 43 thereon: thence Northerly along the Easterly line of said Lot 14 North 00°04'28" \Yest 22.61 feet to the TRUE POINT OF BEGINNING; thence leaving said line North 84°53t08" West 59.53 feet; thence North 89O26'50" West 210.00 feet; thence North 80O26'50'' West 155.00 feet; thence North 75°18'18" West 46.56 feet; thence North 0E015'57" West 40.00 feet; thence North 26O26'51" West 35.00 feet; thence North 67°33'10" East 85.00 feet; thence South 26°26'51'' East 35.00 feet; thence South 55O26'50" East 60.00 feet; thence South 71 O26'50" East 50.00 feet; thence North 82O33'10" East 155.00 feet; thence North 88°33'10" East 230.00 feet; thence North 28O26'50" West 70.00 feet; thence North 76O33'10" East 55.00 feet; thence South 76O26'51I' East 60.00 feet; thence South 35O26'50'' East 70.00 feet; thence South 45°33t10't West 50.00 feet; thence South 35"26'50'1 East 100.00 feet; thence North 84°5310811 West 228.35 feet to the TRUE POINT OF BEGINNING. Excepting from said land those portions lying Southerly of the Southerly line of said Lots 10 and 11. , EXHIBIT '6' 4 \ PAAT TO ACCOMPANY LEGAL DESCRIPTION \ PARCEL 'A' Cj \/ /- EDICATED PORTION SHOWN THUS: k PROJECT AREA m ... -*-. .--, . ! - TAIS INSTRUMENT -I.-- )..-I- - TO: * CITY CLERK CITY OF CARLS8AD 1200 ELM AVENE CARLSBAD, CA 92008 NOTRANSFER TAX DOE SPACE ABOVE m? RECORDER'S USE WL EASEMENT FOR GRADING, LANDSCAPING AND IRRlGATION Assess or I s Pa rce I NO. 216-110-02 E 19 Project LA COSTA AVENUE W.O. No. 3208 N. 8. HUNT, a married man, as his sole and separate property and W. H. HUNT, a married man, as his sole and separate property. hereinafter called GRANTOR(S1, do(=) hereby grant, convey and dedicate to the CITY OF CARLSBAD, State of California, hereinafter called GRANTEE, an easement for grading, landscaping and irrigation purposes and incidents thereto, upon, over and across that certain real property within the CITY OF CARLSBAD, State of California, described as follows: Those portions of Section 34, Township 12 South, Range 4 West, San Bernadino Base and Meridian, lying within the wetlands areas, according to the Official Plat thereof in the County of San Diego, State of California, described in Exhibit "A" attached hereto and made a part hereto by this reference. All as shown for convenience sake on Exhibits "B" through I'E" attached hereto and made a part hereto by this reference. 19 87 - qt Dated thls STATE OF TEXAS county of nqW;4s > , 19 87 , In and for ssld C ounty end 51rle, per8ony , Jl On ;c& ILL W- H. blunt before mo, tho undcrrlgned, 8 Notary Publlc sppW@d N. B. Hunt and - -- personally known to me [or proved to me on the bash or sathrecfory evldrnce; lo be the pcrron(s) whoso nsme(9) -%fare rubscrlbcd to the wlthln Instrument and scknowledgcc to me that-t@sb/they oxrcuted tho smo. Wltnerr my hand and ofllclrl real. Thh 19 to COrtlfy that tho Inlorort In rod property convoyed by tho forogolng erromant to the city of Carlibad, r munlclprl carparattan Is heroby scceptsd by the Cltv Councll of dd Clty of Carlrbed, Callfornlr pursuant to Rerolutlon No. 9045 adopted on , and tho Crmtee consent, to recordstlon thereof t,y7\,uly authorlzad mcer. May 59 I. , .- EX H I B I T IrA" LEGA.L DESCRIPTION OF EASEMENT FOR GRADING, LANDSCAPING AND IRRIGATION Those portions of Lots 13, 14 and 15 of Section 34, Township 12 South, Range 4 West, SJri Bernnrdino Base and Meridian, in the City of Carlsbad, County of San Diego, State of California, according to Official Plat thereof, described as follows: PARCEL "A" - (EXHIBIT "B'I) Commencing at the Southeast corner of said Lot 13, said corner is shown as a 2" diameter Iron Pipe on Record of Survey Map No. 1077il and labeled No. 43 on sheets 4, 6 and 8, said record of survey is filed as file No. 86-494180 on October 30, 1986 in the Office of thc County Recorder of said San Diego County; thence Southwesterly along the Southerly line of said lot 13, South G8°39101" West, 291.48 feet to the TRUE POINT OF BEGINNING; thence continuing along said Southerly line, South 68°39'01" West, 315.23 feet; thence leaving said Southerly line, North 43°37'08'' East, 91.10 feet; thence North 72°37108" East, 130.00 feet; thence North 79"07'08" East, 60.00 feet; thence South 88O22'54" East, 47.79 feet to the TRUE POINT OF BEGINNING. PARCEL 'IB" - (EXHIBIT 'IC'') Commencing at the Southwest corner of said Lot 14, said corner is shown as a 2" diameter Iron Pipe on Record of Survey Map No. 10774 and labeled No. 43 on sheets 4, 6 and 8, said record of survey is filed as file No. 86-494180 on October 30, 1986 in the Office of the County Recorder of Said San Diego County; thence Northeasterly along the Southerly line of said tot 14, North 68O39'01" East, 227.04 feet to the TRUE POINT OF BEGINNING; thence North 58°29'25" East, 62.05 feet; thence North 67O59'25" East, 110.00 feet; thence North 75O59'25" East, 55.00 feet; thence South 84°14t02" East, 46.13 feet; thence South 23O27'15" West, 60.87 feet; thence South 69O16'50" West, 5.46 feet to the Southerly line of said Lot 14; thence Westerly along said Southerly line, North 86°58153t' West, 142.91 feet thence continuing along said Southerly line South 68O39'01" West, 88.15 feet to the TRUE POINT OF BEGINNING. PARCEL 'IC" - (EXHIBIT "D") Commencing at the Southwest corner of said Lot 15, said corner is shown as a 2" diameter Iron Pipe on Record of Survey Map No. 10774 and labeled No. 43 on sheets 4, 6 and 8, said record of survey is filed as file No. 86-494180 on October 30, 1986 in the Office of the County Recorder of Said San Diego County; thence Southeasterly along Southerly line of said Lot 15, South 86°58'53t' East, 353.34 feet to a 2" diameter Iron Pipe as shown on said Record of Survey Map No. 10774; thence continuing along said Southerly line of Lot 15, North 83@47'23" East, 75.79 feet to the TRUE POINT OF BEGINNING; said point being on the future right-of-way of La Costa Avenue; thence leaving said Southerly line and along said right-of-way, North 87O05'59" West, 11 2.75 feet; thence leaving said right-of-way North 02°58t08" East, 14.40 feet; thence North 84°04110r1 East, 35.00 feet; thence North 42°04'10" East, 30.00 feet; thence South 89°55t501' East, 50.00 feet; thence South 38OO5'5Ott East, 25.00 feet; thence South 68°55t50t' East, 54.90 feet to said Southerly line of Lot 15; thence South 83O47'23" West, 60.06 feet along said Southerly line of said Lot 15, to the TRUE POINT OF BEG1 NNI NC. PARCEL 'ID'' - (EXHIBIT "E") Commencing at an angle point on the Southerly line of said Lot 15, said corner is shown as PT #D and as a 2" diameter Iron Pipe on Record of Survey No. 10774, said record of survey is filed as file No. 86-494180 on October 30, 1986 in the Office of the County Recorder of said San Diego County; thence Easterly along said Southerly line of Lot 15, F.!orth 83O47'23" East, 559.84 feet to the TRUE POINT OF BEGINNING; thence lcaving said Southerly line, North 68O14'41" East, 54.04 feet; thence North 38°33'16" East, 115.00 feet; thence North 79"33'16" East, 135.00 feet: thence South 66O26'44" East, 100.00 feet: thence line of said Lot 9; thence South of said Lots 9 and 15 to the TRUE South 73°26t441t East, 145.91 feet to the Southerly herly lines 83O47'23" West, 489.03 feet along the Sou POINT OF BEGINNING. Excepting from said land those portions ly of the Easterly line of said Lot 15. ng Norther y of the Northerly line and Easterly EXHIBIT 'B' PLAT TO ACCOMPANY LEGAL DESCRIPTION PARCEL 'A' w.0. 3208 SECTION 34, T12S , R4W I \ I I VICINITY MAP PROJECT AREA ?- (a 1 JOB NO. : 5459- 38 nATF PREPARED:2-26- 1987 EXHIBIT 'C" PLAT TO ACCOMPANY LEGAL DESCRIPTION PAR C EL ' B' W.O. 3208 c3 -1 VICINITY MAP \ PROJECT AREA PLAT TO ACCOMPANY LEGAL DESCRIPTION PARCEL' C W.0. 3208 SECTtON 34, T12S R4W I VICINITY MAP PROJECT AR EA .. EXIiIBIT 'E' PLAT TO ACCOMPANY LEGAL DESCRIPTION w.0. 3208 PA R C E L ' D " SECTION 34, T12S , R4W VICINITY MAP IDEO ICA PROJECT AREA I ED POR ION SHOWN THUSV/A'A t CITY C LE R K CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CA 92008 NO TRANSFER TAX DUE SPACE ABOVE FOR RECORDER'S L'SE Oh'L \ EASEMENT FOR Assessor's Parcel NO. 216-110-02 E 19 PUBLIC HIGH WAY Project LA COSTA AVENUE W.O. No. 3208 N. 3. HUNT, a married man, as his sole and separate property and W. H. HUNT, a married man, a5 his sole and separate property. hereinafter called GRANTOR(S1, do(=) hereby grant, convey and dedicate to the CITY OF CARLSBAD, State of California, hereinafter called GRANTEE, an easement for public highway and public utility purposes and incidents thereto, upon, over and across that certain real property within the CITY OF CARLSBAD, State of California, described as follows : Being those portions of Lots 14 and 15 of Section 34, Township 12 South, Range 4 West, San Bernardino Base and Meridian, in the City of Carlsbad, Coutny of San Diego, State of California, according to Official Plats thereof, described as follows: Beginning at the Southwest corner of said Lot 15, said corner is as shown on Record of Survey Map No. 9880, said point also shown on Record of Survey Map No. 10774 and labeled No. 43 thereon, said point also being on the Southerly line of Parcel 4 in deed recorded September 2, 1981 as filelpage No. 81-280855, recorded in the Office of the County Recorder of San Diego County; thence Westerly along said Southerly line North 86O58'53" West 70.53 feet to a point on the Northerly line of the future right-of-way of La Costa Avenue, on file in the Office of the City Engineer of said City: thence South 89O57'49" East 42.61 feet; thence South 88O49'04'' East 300.10 feet; thence South 87°05t59f' East 156.20 feet to a point of intersection of the Southerly line of said Lot 15 with the Northerly line of the future right-of-way of La Costa Avenue, on file in the Office of the City Engineer of said City; thence Westerly along said Southerly line South 83°47t23" West 75.79 feet: thence North 36O58'53'' West 353.35 feet to the POINT OF BEGINNING. Together with the privilege and right to extend drainage structures and excavation and embankment slopes 20 feet beyond the limits of the herein described right-of-way where required for the construction and maintenance of said public highway. All as shown for convenience sake on Exhibit tfA1f attached hereto and made a part hereto by this reference. , 1 Y- t Dated thk W: H. Hunt , 19 87 , before me, tho undcrrlgned, a Notary Pubti( N. B. Hunt and ;/ ' 1 On (, ,,I' .- f- i In and ror sard C ounty snd state, poraoZTFy spporred personally known to me (or proved to me on th brslr of sstlsfecfory evldoncej to bo the person()) whoso name(,) ware rubxrlbcd to tho wlthln In,trumont and scknowledgcc to ma that-$&#i#bw/they oxocuted the SIN. W. H. Hunt Wltnerr my hand and olflcld seal. Thh 18 to eerflfy that the Intorort In rod property conveyed by tho forogolng essrmmt to the CltY Of Carhbad, a munlcl~l corporation Is hereby sccepted by the Cltv COuncll of said clty of Carlnbed, Callfornla pursuant to Resolutlon No, 9045 adopted on , rnd tho Crantoo consent3 to rocordstlon thereof t,Tuly authorlred Zh~cor. May 5, 1987 I EXHfBfT 'A' -9 PLAT TO ACCOMPANY LEGAL DESCRIPTION W.O. 3208 T VICINITY MAP b PROJECT AREA , IN1113 R4NW13 ILIVRIIS 049 R(NW CoURl %AN UlGo CulfoI~I4 92111 16191 R? 1W JOB NO.: 5459-38 - DATE PREPARED 2 -4 -1987 WHEN RECORDED, PLEASE MAIL .r -9 ,. * TYlC fP(STRUMEhT TO: I CITY CLERK CITY OF CARLSOAD 1200 ELM AVENUE CARCSBAD, CA 92008 NO TRANSFER TAX DUE Asses sort s Pa rce I NO. 216-122-01.13.23&24 -SPACE ABOVE FOR RECORDER'S USE ONL EASEMENT FOR FUBLIC HIGHWAY Project LA COSTA AVENUE W.O. No. 321 5 N. B. HUNT, a married man as his separate property and W. H. HUNT, a married man as his separate property. hereinafter called GRANTOR, do(es) hereby grant, convey and dedicate to the CITY OF CARLSBAD, State of California, hereinafter called GRANTEE, an easement for public highway and public utility purposes and incidents thereto, upon, over and across that certain real property within the CITY OF CARLSBAD, State of California, described as follows : (SEE EXHIBITS "A" AND ''B" ATTACHED) PARCEL A EXHIB IT "A" Those portions of Lot 9, Lot 15, and the Southwest Quarter of the Southeast Quarter, all in Section 35, Township 12 South, Range 4 West, San Bernardino Base and Meridian, in the County of San Diego, State of California according to the official plat thereof approved October 25, 1875 lying within a strip of land 63 feet wide: the Easterly line of said strip being described as follows: Commencing at the Northerly terminus of the centerline of that certain 90 foot strip of land having a bearing of North 8O52'13" West as described in deed to the County of San Diego, recorded November 28, 1969 as FilelPage No. 217326 of Official Records, said point being the beginning of a tangent 2,985 foot radius curve concave Westerly; thence Northerly along said curve through a central angle of 6O23'14'' a distance of 332.76 feet to a point of intersection with the Southerly line of said Section 35, being the TRUE POINT OF BEGINNING; thence continuing along said 2,985 foot radius curve through a central angle of 9°11'40'' a distance of 479.01 feet; thence tangent to said curve North 24O27'07" West 990.87 feet to the beginning of a tangent 3,400 foot radius curve concave Easterly, thence Northerly along said curve through a central angle of 8°06'30" a distance of 481.15 feet to a point herein designated as "Point A''; thence continuing along said 3,400 foot radius curve through a central angle of 7°33'26f1 a distance of 448.45 feet; thence tangent to said curve North 8°471111' West 433.00 feet more or less to the Northerly line of said Lot 15. The Westerly sideline of said 63 foot strip of land shall be shortened to term- inate on the Southerly line of said Section 35 and shall be lengthened to terminate on the Northerly line of said Lot 15. PARCEL B Those portions of Lot 9, Section 35, Township 12 South, Range 4 West, San Bernardino Base and Meridian, in the County of San Diego, State of California according to the official plat thereof approved October 25, 1875 lying within a strip of larid 116 feet wide, 58 feet on each side of the following described center1 ine : Commencing at "Point A" described above, being the point of intersection of the centerline of the 60 foot strip of land described in deed to the County of San Diego recorded November 15, 1966 as File/Pnge No, 180730 and the cen- terline of the 90 foot strip of land described in deed to the County of Sari Diego recorded November 28, 1969 as File/Page No. 217326, all of Official Records, said point being the TRUE POINT OF BEGINNING; thence South 84n47'00" Wcst 466.48 feet more or less to the Westerly boundary of said Lot 9. The Northerly and Southerly sidelines of said strip of land shall be length- ened or shortened to terminate on the Westerly line of said Lot 9. TOGETHER WITH: Those portions of Lot 9 lying Westerly of the Westerly sideline of said 63 foot strip of land and lying Northerly of the Northerly sideline of said 116 foot strip of land and lying Southeasterly of a 30 foot radius curve, concave Northwesterly, said curve being tangent to both the Westerly sideline of said 63 foot strip of land and the Northerly sideline of said 116 foot strip of land, and; Those portions of Lot 9 lying Westerly of the Westerly sideline of said 63 foot strip of land and lying Southerly of the Southerly sideline of said 116 foot strip of land and lying Northeasterly of a 30 foot radius curve, concave Southwesterly, said curve being tangent to both the Westerly sideline of said 63 foot strip of land and the Southerly sideline of said 116 foot strip of land. Together with the privilege and right to extend drainage structures and excavation and embankment slopes 30 feet beyond the limits of the herein described right-of-way where required for the construction and maintenance of said public highway. All as shown for convenience sake on Exhibit "B",Sheets 1 and 2,attached hereto and made a part hereto by this reference. STATE OF TEXAS , 19 87 , beforo mo, tho undcrrlgned, a Notary Public */ On +-/-I In and for ‘raid C Ounty and 5bt0, glrSOmy bppar~d personally known to me (or proved to me on the basis of satls~ecfory avldrncel lo bo the perron(9) whoso nama(s)qaro rubscrlbcd to tho wlthln Instrument and acknowledgcc to me that mIthoy omcuted tho IIM. N. B. Hunt and W. H. Mrnt Wltnosr my hand and offlclal real. fhla I* to certify that tho Intorert In rod property convoyed by tho lorrgolng e~som~nt to the City of Catlhad, 8 munlclpal corpratlon Is heroby rccepted by tho Clty Councll of ~ld CltY Of Carlsbed, Calllornla pursurnt to Resolutlon No. 9045 adopted on , and tho Crantoe consents to rocordstlon thoroof hvuly authorlrad mcrr. May 5, 1987 Ortad d. 1 7 BY . .. ‘. PROPOSED RIGHT OF WAY TO BE ACQUIRED WILLDAN ASSOCIATES SHEET 1 OF 2 EXHIBIT "B" CONSULTING ENGINEERS 6 PLANNERS 363~C*MINOddRl05.SUlI€ 107.SANMCGO.CI.PIlOI =I 9/11 I I 1 # 6926 1 AGREEMENT REGARDING GRANT OF RIGHT-OF-WAY This agreement ("Agreement") * is made and entered into this 9th day of April , 1987 by and between the City of Carlsbad, a municipal corporation ("City") and Hunt Properties, Inc., a Delaware corporation doing business as HPI Development Company ("HPI") on behalf of W. H. Hunt and N. B. Hunt ("Owners"), with reference to the following facts: A. City desires to acquire from HPI certain property along La Costa Avenue and El Camino Real in connection with the widening and improvement of portions of those streets by City. B. HPI has offered to dedicate, or cause to be dedicated, certain real property of Owners (the "Dedicated Land") in connection with such improvement project by the City. C. HPI has tendered to City four dedications, in the forms attached hereto as Exhibits "I", 'cII'l , 0111", and "IV," respectively. D. It is acknowledged that the dedication set forth in Exhibit I' I I 'I would, when used by the City for its improvement program, result in the destruction by City of the only two driveway access points from El Camino Real to the offices of HPI currently situated on property of Owners adjacent to such intersection, as well as the destruction of a certain number of HPI's parking spaces. NOW, THEREFORE, it is agreed as follows: A . 1. City acknowledges that the tender of the dedications set forth in Exhibits "I", "II", 11111'1 and ''IV" repsectively, satisfies that portion of Carlsbad Municipal Code Section 21.90.030(h) (2) (iv) relating to right-of-way for roads. 2. .It is acknowledged that the dedication set forth in Exhibit "11" is specifically made so that City may implement that certain Improvement Plan for La Costa Avenue Intersection at El Camino Real, City Project 3215, Drawing No. 270-7 consisting Of sheets 1-8, as approved by City Engineer on April 23, 1986 (the "Intersection Plans" revisions dated 12/11/86 and 2/9/87. City agrees to construct the improvements as set forth in the "Intersection Plans." As compensation for taking of the driveways and parking spaces referred to in Recital D, upon acceptance of the dedication set forth in Exhibit ''11'' City hereby agrees to install and construct, at no expense to HPI or Owners, paved driveway access and parking spaces in the size and in substantially the same locations as are set forth on the intersection plans. City shall prepare detailed drawings necessary for actual construction, consistent with the concept articulated herein, and which plans shall be subject to the approval of HPI (which approval HPI shall not unreasonably withhold). City shall cause construction to be performed substantially concurrent with its construction work of the "Intersection Plans", and during such construction shall provide means of temporary access for HPI to its subject offices so as not to deprive HPI of the reasonable uses of said offices. HPI and Owners shall. grant any necessary license to City to allow entrance upon the property of Owners sufficient for City to accomplish the I the construction required by this Agreement to its conclusion. City shall indemnify and hold HPI and Owners, their agents, employees, partners, trustees, beneficiaries and successors in interest harmless from any loss, expense (including without limitation attorneys' fees and court costs), cause of action, action or judgement for claims or liens for (i) labor performed and materials used in connection with such construction, and (ii) injury to persons or property arising therefrom, except to the extent that such injury results from the willful or negligent acts of HPI, Owners or their agents, employees, partners, trustees, beneficiaries and successors in interest. 3. Attached hereto as Exhibit ''VI" and incorporated herein by reference are easement deeds for certain real property owned by Owners ("Mitigation Property") . Owners acknowledge that, in connection with construction of the road improvements which are subject of the dedications set forth in Exhibits I through IV, inclusive, pursuant to the City's Coastal Commission and other regulatory permits for such construction, it has been made a requirement thereof that certain mitigation work be undertaken by City to offset encroachment of such street and road improvements into certain wetlands vegetation. Owners hereby deliver these right-of-way easements to City so that City may perform and subsequently maintain such mitigation work upon the land so granted. 4. . The burdens of the Agreement bind and the benefits of the Agreement inure to the parties' successors in interest. 5. All notices required or provided for under this Agreement shall be in writing and delivered in person or sent by -3- ’. 4 - certified mail, postage prepaid. Notice shall be effective on the date delivered in person or the date when the postal authorities indicate that the mailing was delivered to the address of the receiving party indicated below: TO CITY: TO DEVELOPER: City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 Att: HPI Development Company 7007 El Camino Real Carlsbad, California 92009 Att: D.L. Clemens A party may change its address by giving notice in writing to the other party in the manner provded above. 7. This Agreement shall be construed in accordance with the law of the State of California. Should any action be brought in any court of competent jurisdiction, the prevailing party in such action shall be entitled to all attorneys’ fees, court costs and necessary disbursements in connection with such litigation. IN WITNESS WHEREOF, this Agreement has been entered into on the day and year first above written. HUNT PROPERTIES, INC. A Delaware corporation BY: B.--HUNT, a married man as his sole and separate property his sole and separate property L NOfRANSFER TAX WE - I. EASEMENT FOR GRADING, LANDSCAPING AND IRRIGATION Assessor's Parcel NO. 216-110-02 & 19 Project LA COSTA AVENUE W.O. No. 3208 N. B. HUNT, a married man, as his sole and separate property and W. H. HUNT, a married man, as his sole and separate property. hereinafter called GRANTOR(S), do(-) hereby grant, convey and dedicate to the CITY OF CARLSBAD, State of California, hereinafter called GRANTEE, an easement for grading, landscaping and irrigation purposes and incidents thereto, upon, over and across that certain real property within the CITY OF CARLSBAD, State of California, described as follows: Those portions of Section 34, Township 12 South, Range 4 West, San Bernadino Base and Meridian, lying within the riparian areas, according to the Official Plat thereof in the County of San Diego, State of California, described in Exhibit "A" attached hereto and made a part hereto by this reference. All as shown for convenience sake on Exhibits ''6" and "C" attached hereto and made a part hereto by this reference. . Dated thh dry 01 , 19 87 , ,! /! -/ W.. H. Hunt STATE OF County or fl'ss* , 19 87 , -,n <2 On $?5 I, ,L In and for sald C ounty end Stat., parromi W. H. Hunt before mo, tho undcrrlgned, a Notary PublIc spp~r~d N. B. Hunt and personally known to me [or proved to me on the basls of ratlsractory evldrnce) Io bo the perron(,) whoso namo(r) war. subscribed to tho wlthln lngtrumrnt and acknowledged to me that 4psBBWthoy owocuted tho srm. Wltness my hand and offlclal reel. Thl* I* to cwtlfy that tho Intorost In rod propurty convoyod by tho forogolng aarmmt to tho city of Carlrbrd, munlclpal corparatlon IS hereby accepted by the Clty Council of wid city Of Cbtlrbed, Callfotnlr pursurnt to Resolution No. 9045 adoptad on , bnd tho Grantor consenti to rrcordstlon thereof t,vuly authorlrad ;o7ncer. May 5, 1987 .I EXHIBIT "A" LEGAL DESCRIPTION OF EASEMENT FOR GRADING, LANDSCAPING AND IRRIGATION Being portions of Lots 14 and 15 of Section 34, Township 12 South, Range 4 West, San Bernardino Base and Meridian, in the City of Carlsbad, County of San Diego, State of California, according to Official Plats thereof, described as follows: PARCEL "A" - (EXHIBIT "B") Commencing at the Southeast corner of said Lot 14, said corner is as shown on record of Survey Map No. 9880, said point also shown on Record of Survey Map No. 10774 and labeled No.. 43 thereon; thence Northerly along the Easterly line of said Lot 14 North 00'04'28" West 22.81 feet to the TRUE POINT OF BEGINNING; thence leaving said line North 84'53'08" West 59.53 feet: thence North 89'26'50" West 210.00 feet; thence North 80'26'50" West 155.00 feet; thence North 75'18'18" West 46.56 feet; thence North 08'15'57" West 40.00 feet; thence North 26'26'51" West 35.00 feet; thence North 67'33'10" East 85.00 feet: thence South 26'26'51" East 35.00 feet: thence South 55'26'50" East 60.00 feet; thence South 7l026'5Oa East 50.00 feet; thence North 82'33'10" East 155.00 feet; thence North 88'33'10" East 230.00 feet: thence North 28'26'50" West 70.00 feet; thence North 76'33'10" East 55.00 feet; thence South 76'26'51" East 60.00 feet; thence South 35'26'50" East 70.00 feet: thence South 45'33'10" West 50.00 feet; thence South 35'26'50" East 100.00 feet; thence North 84'53'08" West 228.35 feet to the TRUE POINT OF BEGINNING. Together with the right of ingress and egress over, under, and across those portions of Lots 14 ani3 15 located directly between the La- Costa Avenue right of way and the land described in the preceding paragraph, and the right thereon to install, construct, maintain, repair, replace, reconstruct, and inspect any water supply system or grading deemed necessary for the mitigation requirements of the California Coastal Commission and City of Carlsbad. Excepting from said land that portion deeded to Leucadia County Water District, a Political Subdivision, recorded August 11, 1961 as file No. 138158 in the Office of said County Recorder. Also excepting from said land those portions lying Northerly of the Northerly line of said Lots 14-and 15. PARCEL "B" - (EXHIBIT "C") Commencing at the Southeast corner of said Lot 14, said corner is as shown on Record of Survey Map No. 9880, said point also shown on Record of Survey Map No. 10774 and labeled No. 43 thereon, said point being on the Southerly line of said Lot 14 as described in Parcel 4 of deed recorded September 2, 1981 as file/page No. 81-280855 in the office of said recorder; thence Westerly along said Southerly line North 86'58'53" West 661.22 feet to the TRUE POINT OF BEGINNING; thence continuing Westerly along said Southerly line North 86'58'53" West 224.04 feet; thence leaving said line North 55'05'14" West 4.16 feet; thence North 23.27'15" East 60.87 feet; thence South 84.14'02" East r. ?A:.;; ;etL* *hewe -Chri*h 59'rflQ0n7m-East 116.16 feet to the TRUE POINT OF BEGINlbb. - -- - EXHIBIT 'B' VICINITY MAP /- DEDICATED PORTION SHOWN THUS rmA VICINITY MAP \ PROJECT AREA WHEN RECORDED, . THIS lNSTRUMENT PLEASE MAIL TO: ~ . CITY CLERK CITY OF CARLSBAO 1200 ELM AVENUE CARLSBAD, CA 92008 c NO TRANSFER TAX DUE I SPACE ABOVE FOR RECORDER'S USE Oh EASEMENT FOR PUBLIC HIGHWAY Ass e s so r I s Pa rce I NO. 216-111-04 21 6-1 21 -16 21 6-1 22-01 Project LA COSTA AVENUE W.O. No. 3208 N. 6. HUNT, a married man as his sole and separate property and W. H. HUNT, a married man, as his sole and separate property. hereinafter called GRANTOR, do(es) hereby grant, convey and dedicate to the CITY OF CARLSBAD, State of California, hereinafter called GRANTEE, an easement for public highway and public utility purposes and incidents thereto, upon, over and across that certain real property within the CITY OF CARLSBAD, State of California, described as follows : Those portions of Section 34 and 35, Township 12 South, Range 4 West, San Bernardino Base and Meridian, according to the Official Plat thereof, in the County of San Diego, State of California, described in Exhibit "A" and 'IB" attached hereto and made a part hereto by this reference. All as shown for convenience sake on Exhibits l'C" through IrD" attached hereto and made a part hereto by this reference. d '; ,- W. H. Hunt STATE OF TEXFS . 19 87 , beform mo, tho undcrrlgned, a Notary PublI N. B. mnt and In snd ror $aid C ounty and State, pwsomy apporred On personally known €0 me (or proved to me on the bails ol satlsrectory ovldonce) to bo tho person(,) whoso narno(s) +gt/are rubgcrlbcd to tho wlthln Instrument and scknowledgcc to me that -!they oxrcutod tho smo. W. H. I-Iunt Wltneir my hand and offlclat resl. Thh 19 to cwtlfy that tho Intorort In rod property convoyed by tho forogolng emrrment tc the City Of CW~bad. I rnunlclpal corpor,tlon Is hereby scceptsd by tho Clty COuncll ol , and tho Crrntee consent3 to rocordatlan thoroof hvuly suthorlrad v 9sld city Of Catlsbbd, Csllfornla pursuant to Regolutlon No, 9045 &Optad On May 5, 1987 c Being portions of Lot 9 of Section 34, Township 12 South, Range 4 West , San Bernardino Base and Meridian, in the City of Carlsbad, County of San Diego, State of California, according to Official Plats thereof, described as follows: PARCEL ''A" - (EXHIBIT "C") Commencing at the Southeast corner of Said Lot 9, saic corner is shown as 'I Iron Pipe with Brass Cap per Record of Survey Map No. 10774, said point also noted on said Record of Survey 10774 as being labeled No. 44 on sheets 4, 5 and 8, said Record of Survey is filed as file No, 86-494180 on October 30, 1986, in the Office of the County Recorder of said San Diego County; thence Westerly along the Southerly line of Parcel 4 in deed recorded September 2, 1981 as file/page No. 81-280855 in the office of said recorder South 83O47'23" West 132.36 feet to the TRUE POINT OF BEGINNING; thence continuing South 83O47'23" West 1,169.46 feet; thence leaving said Southerly line North 78°35'51'1 East 567.08 feet to the beginning of a tangent curve concave Southerly and having a radius of 1,740.00 feet; thence Easterly along the arc of said curve through a central angle of 2Oo05'1lt1 a distance of 610.00 feet to the TRUE POINT OF BEGINNING. Together with the privilege and right to extend drainage structures and excavation and embankment slopes 25 feet beyond the limits of the herein described right-of-way where required for the construction and maintenance of said public highway. All as shown for convenience sake on Exhibit "Ct' attached hereto and made a part hereto in this reference. Being portions of Lots 13, 16 and 17 of Section 35 Township 12 South, Range 4 West, San Bernadino Base and Meridian, in the City of Carlsbad, County of San Diego, State of California, according to the Official Plats thereof, described as follows: PARCEL "6" - (EXHIBIT "0") Commencing at the Southeast corner of Lot 9 of Section 34, Township 12 South, Range 4 West, San Bernadino Meridian, said corner is shown as a 2" Iron Pipe with Brass Cap per Record of Survey Map No. 10774, said point also noted on said Record of Survey 10774 as being labeled No. 44 on sheets 4, 5 and 8, said record of survey is filed as file No. 86-494180 on October 30, 1986 in the Office of the County Recorder of said San Diego County; thence Southeasterly along the Southerly line of Parcel 2 in deed recorded September 2, 1981 as filelpage No. 81-280855 in the office of said recorder: thence South 61°01'54'' East 164.67 feet to the TRUE POINT OF BEGINNING: said point being a non-tangent point on a curve concave Southwesterly and having a radius of 1,740.00 feet, a radial bears North 18°01'24" East; thence Southeasterly along the arc of said curve through a central angle of 12O55'27" a distance of 392.49 feet; thence South 59°03'091' East 547.40 feet; thence South 60°06'10" East 600.10 feet to the beginning of a non-tangent curve concave Northeasterly and having a radius of 1,449.00 feet; a radial bears South 30°5615111 West; thence Southeasterly along the arc of said curve through a central angle of 17°52s12" a distance of 451.93 feet to a point on the Southerly line of the aforesaid deed; thence Southwesterly and Northwesterly along said deed line South 64°26'00'r West 69.35 feet; thence North 61°01'54" West 1,944.10 feet to the TRUE POINT OF BEGINNING. Together with the privilege and right to extend drainage structures and excavation and embankment slopes 45 feet beyond the limits of the herein described right-of-way where required for the construction and maintenance of said Public Highway. All as shown for convenience sake on Exhibit 'ID" attached hereto and made a part hereto by this reference. .. .- . . '.: 1 . . . . , . - . . I .-! - -- EXHIBIT 'C' PLAT TO ACCOMPANY LEGAL DESCRIPTION W.O. 3208 PARCEL 'A' - 0 bB U VICINITY MAP PROJECT AREA , r - - - - EXHIBIT, 'D' PLAT TO ACCOMPANY LEGAL DESCRIPTION ', I PARCEL 'B' W.O. 3208 I CI. \ IL I I c3 I -I VtCINlfY MAP I t I a -I CITY CLERK CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CA 92008 NO TRANSFER TAX DUE I SP~ ABOVE m RECCWER'S us OM EASEMENT FOR GRADING, LANOSCAPING AND IRRIGATION Assessor's Parcel NO. 216-111-04 21 6-1 21 -1 6 216-122-01 Project LA COSTA AVENUE W.O. No. 3208 N. B. HUNT, a married man as his sole and separate property and W. H. HUNT, a married man. as his sole and seDarate Drooertv. hereinafter called GRANTOR(S1, do(es) hereby grant, convey and dedicate to the CITY OF CARLSBAD, State of California, hereinafter called GRANTEE, an easement for grading, landscaping and irrigation purposes and incidents thereto, upon, over and across that certain real property within the CITY OF CARLSBAD, State of California, described as fol lows : Those portions of Section 34 and 35, Township 12 South, Range 4 West, San Bernardino Base and Meridian, lying within the wetlands areas, according to the Official Plat thereof, in the County of San Diego, State of California, described in Exhibit "A" and "Btl attached hereto and made a part hereto by this reference. All as shown for convenience sake on Exhibits "C" through "El' attached hereto and made a part hereto by this reference. L .’ , *. - Dated thh I 19 / h;. II. Ihmt On ’, -4 , 19 87 , beforo mo, tho undcrrlgnsd, 8 Notary Pub ,*A e. In and for qrld .- ounty and 5I ala, pOf9OXy 8ppclrr8d N. B. Hunt and ~ W. H. Ikmt personally known to me (or proved to me on the baslr of saLIsrecfory ovldoncej to bo the person(,) whoso namo(9) War0 rubscrlbcd to tho wlthln Instrument and scknowledgi -to me that-lthey oxocutod tho gam. Wltnors my hand md oftlclal sed. This 18 to COrtlfy thrt tho Intorost In fool property conveyed by ttw forrgolng 909ement 1 tho city Of Carhbad, a munlclpal carporattan Is heroby sccapted by the Cllv Council c 9ald Clly of Csrlrbsd, Cailfornlr purwrnt to Rsrolutlon No. 9045 adopted o , and tho Crrntoo con3ent~ to tecordstlon thoroof ),~uly authorIra omor. May 5, 1987 EXHIBIT "A" LEGAL DESCRIPTION OF EASEF.lENT FOR GRADING, LANDSCAPING AND IRRIGATION Those portions of Lots 9 and 10 of Section 34, Township 12 South, Rarrqe 4 West, Sari Bernardino 13,1se and Meridian, in the City of Carlsbad, County of San Diego, State of California, according to Official Plat thereof, described as follows: PARCEL "A" - (EXHIBIT "C") t ti ence to the Except Lot 10 Commencing at an angle point on the Southerly line of Lot 15 of Section 34, Township 12 South, Range 4 West, San Bernardino Meridian, said corner is shown JS PT. dD and as a 2" diameter Iron Pipe on Record of Survey No. 10774, said record of survev is filed as file No. 86-494180 on October 30, 7986 in the Office of the County Recorder of said San Dieyo County; thence Easterly along said Southerly line of Lot 15, North 83c47f23" East, 559.84 feet to the TRUE POINT OF BEGINNING: thence leaving said Southerly line, North 68n14'41" East, 54.04 feet: thence North 38O33'16" East, 115.00 feet; thence North 79O33'16" East, 135.00 feet; thence South 66O26'44" East, 100.00 feet; thence South 73O26'44" East, 145.91 feet to the Southerly line of said Lot 9; South 83O47'23" West, 489.03 feet along the Southerly lines of said Lots 9 and 15 TRUE POINT OF BEGINNING. ng from said land those portions lying Southerly of the Southerly line of said and Westerly of the Westerly line of Said Lot 9. PARCEL "B" - (EXHIBIT 'ID'') Beginning at the Southeast corner of said Lot 9, said corner is shown as a 2" diameter Iron Pipe on Record of Survey Map No. 10774 and labeled No. 44 on sheets 4 and 8, said Record of Survey is filed as file No. 86-494180 on October 30, 1986 in the Office of the County Recorder of said San Diego County: thence Southwesterly along the Southerly line of said Lot 9, South 83O47'23'' West, 132.36 feet to a point on a non-tangent curve concave Southerly and having a radius of 1,740.00 feet, said point being on the Northerly right-of-way of the future realignment of La Costa Avenue (Road Survey 1796-65), a radial bears North 08°41'02t' East; thence leaving said Southerly line and Westerly along the arc of said curve through a central angle of 10°22'07'', a distance of 314.88 feet; thence leaving said Northerly right-of-way North 64°00'58" East, 129.73 feet; thence North 84O00'58" East, 331 .S4 feet to a point on the Easterly line of said Section 34; thence South 0Oo32'01'' West, 96.28 feet along said Easterly line of Section 34, to the POINT OF BEGINNING. EXHIBIT I'B" I-CCAL DESCRIPTION OF EASEMENT FOR GRADING, LANDSCAPING AND IRRIGATION Being portions of Lots 13, 16 and 17 of Section 35 Township 12 South, Range U West, Sin Bernardino Base and Meridian, in the City of Carlsbad, County of San Diego, State of California, according to the Official Plats thereof, described as follows: PARCEL "A" - (EXHIBIT "E") Beginning at the Southeast corner of Lot 9 of Section 34, Township 12 South, Range 4 West, San Bernardino Meridian, said corner is shown as a 2" Iron Pipe with Brass Cap per Record of Survey Map No. 10774, said point also noted on said Record of Survey 10774 as being labeled No, 44 on sheets 4, 5 and 8, said record of survey is filed as file No, 86-494180 on October 30, 1986 in the Office of the County Recorder of said San Diego County; thence Northerly along the common section line for said Sections 34 and 35 North 00"32101tt East 96.28 feet; thence leaving said line North 84°00'58" East 13.46 feet; thence South 76°00'001' East 105.00 feet; thence South 57°00'00" East 120.00 feet; thence South 46°00'0011 West 35.00 feet: thence South 65°00100" East 610.00 feet; thence South 83°00'00" East 185.00 feet; thence South 68°00'00" East 300.00 feet: thence South 53°00'00t1 East 155.00 feet; thence South 28°00'00't East 230.00 feet: thence South 03°00'00" East 89.01 feet to the Northerly right-of-way of the future realignment of La Costa Avenue (Road Survey 1796-65) ; thence Northwesterly along said right-of-way North 60°06'10" West 545.27 feet; thence North 59°03'09" West 547.40 feet to the beginning of a tangent curve concave Southwesterly and having a radius of 1,740.00 feet: thence Northwesterly along the arc of said curve through a central angle of 12O55'27" a distance of 392.49 feet: thence leaving said curve North 61°01'54" West 164.67 feet to the TRUE POINT OF BEGINNING. EXHlBlT 'C' 1 PLAT TO ACCOMPANY LEGAL DESCRIPTION PARCEL 'A" W.O. 3208 SECTION 34, T12S. R4W VlCJNlTY MAP DEDICATED PORTION SHOWN THUS: vvd PROJECT AREA c m )ocmcnrT. h JOB NO. 5459-38 DATE PREPARED: 2-25-1987 (NIufaS . nwm . *M~S H iory~ canr. ~rr arm. CUWOIM4 cnti flrn n1.m // SECTION 34, T12S, R4W i PLAT TO ACCOMPANY LEGAL DESCRIPTION PARCEL 'B' W.O. 3208 0.707 KR€3 VICINITY MAP PROJECT AREA , m SannwJ1. mc 1 .. , '. / -- EXHIBIT .€*e / VICINITY MAP PLAT TO ACCOMPANY LEGAL DESCRIPTION PARCEL 'A' W.O. 3208 PROJECT AREA f / CITY CLERK CITY OF CARLSAD 1200 ELM AVENUE CARLSBAD, CA 92008 NO TRANSFER TAX DUE SPACE ABOVE rn~ RECORER'S us ONL EASEMENT FOR GRADING, LANDSCAPING AND IRRIGATION Assessor's Parcel Nc. 216-111-04 Project LA COSTA AVENUE W.O. No. 3208 N. B. HUNT. a married man, as his sole and seDarate'oroDertv and W. H. HUNT. a married man, as his sole and separate property. hereinafter called GRANTOR(S), do(esl hereby grant, convey and dedicate to the CITY OF' CARLSBAD, State of California, hereinafter called GRANTEE, an easement for grading, landscaping and irrigation purposes and incidents thereto, upon, over and across that certain real property within the CITY OF CARLSBAD, State of California, described as follows: Those portions of Section 34, Township 12 South, Range 4 West, San Bernardino Base and Meridian, lying within the riparian areas, according to the Official Plat thereof, in the County of San Diego, State of California, described in Exhibit "A" attached hereto and made a part hereto by this reference, All as shown for convenience sake on Exhibits 'lB1t attached hereto and made a part hereto by this reference, R , 19 Dated thls - STATE County A! ,! '* - f , 19 87 , beloro mo, tho underrlgned, a Notary Pub1 On In and for raid C ounty bnd-nrfe, porso~y sppared N. B. Hunt and W. H. fhmt personally known Eo me (or proved to me on the basis of ralhfectory evldonce) 10 bo the perron(,) whoso nrrno(9) Ware rubrctlbcd to the wlthln In9tturnent and acknonledgc to me that mlthoy mxmcutod tho iim. Wltnoss my hsnd and olllclrl real. fhla h to certify that tho Interort In rod propwty convoyed by the loregotng rsroment t the City Of C@rhbad, a rnunlclpal corporation Is heroby accepted by thr Cltv Council c , and tho Crrntoo consant3 to rocordstlon tharool l,yuly authorlra mcor. said city Of Carlrbed, Csllfornla pursuant to Rerolutlon No. 9045 8dOptOd 0 May 5, 1987 i" .r EXH 1 R 1 T I' A" I_EC,AL DESCRIPTION OF EASEh.1ENT FOR GRADING, LANDSCAPING AND IRRIGATION Eeing portions of Lots 10 and 11 of Section 34, Township 12 South, Range 4 West, Sari Ecrnardino Rase and Meridian, in the City of Carlsbad, County of San Dieqo, State of California, according to Official Plats thereof, described as follows: PARCEL "A" - (EXHIBIT "B") Commencing at the Southeast corner of Lot 14 of Section 34, Township 12 South, RJnrje 4 West, Sari Bernardino Meridian, said corner is as shown on Record of Survey tlsp No. 9880, said point also shown on Record of Survey Map No. 10774 and labeled No, 43 thereon: thence Northerly along the Easterly line of said Lot 14 North 00°04128" West 22.81 feet to the TRUE POINT OF BEGINNING: thence leaving said line North 84O53'08" West 59.53 feet; thence North 89O26'50" West 210.00 feet; thence North 80O26'50" West 155.00 feet; thence North 75"18'18" West 46.56 feet: thence North 08c15'57'1 West 40.00 feet; thence North 26°26'51'' West 35.00 feet: thence North 67°33'10" East 85.00 feet; thence South 26°26'51t1 East 35.00 feet: thence South 55°26'50'' East 60.00 feet: thence South 71°2615011 East 50.00 feet: thence North 82O33'10" East 155.00 feet; thence North 88O33'10" East 230.00 feet; thence North 28°26'50'' West 70.00 feet: thence North 76O33'10" East 55.00 feet; thence South 76O26'51" East 60.00 feet: thence South 35°26'50" East 70.00 feet: thence South 45O33'10" West 50.00 feet: thence South 35"26'50'' East 100.00 feet: thence North 84°53'0811 West 228.35 feet to the TRUE POINT OF BEGINNING. Excepting from said land those portions lying Southerly of the Southerly line of said Lots 10 and 11. 1. . EXHIBIT '8' -- \' c PAAT TO ACCOMPANY LEGAL DESCRIPTION PARCEL 'A' VICINITY MAP PROJECT AREA EDICATED PORTION SHOWN THUS p/a 1. " CITY CLERK CITY OF CARLS8AD 1200 ELM AVENUE CARLSBAD, CA 92008 EASEMENT FOR GRADING, LANOSCAPING AND IRRIGATION Assessor's Pa rce I NO. 216-110-02 & 19 Project LA COSTA AVENUE W.O. No. 3208 N. 8. HUNT, a married man, as his sole and separate property and W. H. HUNT, a married man, as his sole and separate property. .hereinafter called GRANTOR(S1, do(mc) hereby grant, convey and dedicate to the CITY OF CARLSBAD, State of California, hereinafter called GRANTEE, an easement for grading, landscaping and irrigation purposes and incidents thereto, upon, over and across that certain real property within the CITY OF CARLSBAD, State of California, described as follows: Those portions of Section 34, Township 12 South, Range 4 West, San Bernadino 8ase and Meridian, lying within the wetlands areas, according to the Official Plat thereof in the County of San Diego, State of California, described in Exhibit "A" attached hereto and made a part hereto by this reference. All as shown for convenience sake on Exhibits "6" through IIE" attached hereto and made a part hereto by this reference. "' i '. STATE OF TMFS 1 County of '~ "0 , 19 87 , In and for asld C ounfy 8nd btrte, permo-y ,f On ,'.A- i ,> [ W. H. Hunt beforo mo, tho undcrrlgned, 8 Notary Pub1 a~marod N. B. Hunt and personally known to me [or proved to me on the bails or satlsfectory evldance; lo be the pcrson(9) whore nrmo(s) -Ware iubscrlbcd to tho wlthln Instrumant and acknowledge to me that-t~#sblthoy ewocutod the sam. Wltnrrs my hand 8nd ofnclrl seal. Thla IS to COrtlfy that tho Interest In rod proporty conveyed by the foragolng aarement ?( tha CltY Of Cathbrd, 8 rnunlclpl carporatton Ir heroby sccepted by the City Council o ssld Clty of Csrlrbsd, Callfornla pursurnt to Resolutton No. 9045 adopted 01 and the Crrntoo consrnts to rocordatfon thoroof h-uly aulhortzac v May 59 19e7 t EXHIBIT ItAlt LEGAL DESCRIPTION OF EASEMENT FOR GRADING, LANDSCAPING AND IRRIGATI041 Those portions of Lots 13, 14 and 15 of Section 34, Township 12 South, Range 4 West, S.:.I Bernnrdino Base and Meridian, in the City of Csrlsbad, County of San Diego, State ot California, according to Official Plst thereof, described as follows: PARCEL "A" - (EXHIBIT "5") Commencing at the Southeast corner of said Lot 13, said corner is shown as a 2" diameter Iron Pipe on Record of Survey Map No. 10774 and labeled No. 43 on sheets 4, 6 and 8, said record of survey is filed as file No. 86-494180 on October 30, 1986 in the Office of tbl> County Recorder of said S3n Diego County; thence Southwesterly along the Southerly line of said lot 13, South 5flo39'01" West, 291.48 feet to the TRUE POINT OF BEGINNIPJG; thence continuing along said Southerly line, South 68°39'01" West, 315.23 feet: thence leaving said Southerly line, North 43°37108" East, 91 .?O feet; thence North 72'37'08" East, 130.00 feet; thence North 79"07'08" East, 60.00 feet; ther,ce South 88O22'54" East, 47.79 feet to the TRUE POINT OF BEGINNING. PARCEL I'B" - (EXHIBIT "C") Commencing at the Southwest corner of said Lot 14, said corner is shown as a 2" diameter Iron Pipe on Record of Survey Map No. 10774 and labeled No. 43 on sheets 4, 6 and 8, said record of survey is filed as file No. 86-494180 on October 30, 1986 in the Office of the County Recorder of Said San Diego County; thence Northeasterly along the Southerly line of said Lot 14, North 68O39'01" East, 227.04 feet to the TRUE POINT OF BEGINNING; thence North 58O29'25" East, 62.05 feet; thence North 67O59'25" East, 110.00 feet; thence North 75O59'25'' East, 55.00 feet; thence South 84°14'0211 East, 46.13 feet; thence South 23°27115tt West, 60.87 feet; thence South 69°16150'1 West, 5.46 feet to the Southerly line of said Lot 14; thence Westerly along said Southerly line, North 86O58'53'' West, 142.91 feet thence continuing along said Southerly line South 68O39'01" West, 88.15 feet to the TRUE POINT OF BEGINNING. PARCEL "C" - (EXHIBIT "D") Commencing at the Southwest corner of said Lot 15, said corner is shown as a 2" diameter Iron Pipe on Record of Survey Map No. 10774 and labeled No. 43 on sheets 4, 6 and 8, said record of survey is filed as file No. 86-494180 on October 30, 1986 in the Office of the County Recorder of Said San Diego County; thence Southeasterly along Southerly line of said Lot 15, South 86O58'53'' East, 353.34 feet to a 2" diameter Iron Pipe as shown on said Record of Survey Map No. 10774: thence continuing along said Southerly line of Lot 15, North 83@47'23" East, 75.79 feet to the TRUE POINT OF BEGINNING; said point being on the future right-of-way of La Costa Avenue; thence leaving said Southerly line and along said right-of-way, North 87O05'59" West, T 12.75 feet; thence leaving said right-of-way North 02°58108" East, 14.40 feet; thence North 84°04'1011 East, 35.00 feet; thence North 42'04'1 0" East, 30.00 feet; thence South 89°55'5011 East, 50.00 feet; thence South 38°05'50'' East, 25.00 feet; thence South 68055'501' East, 54.90 feet to said Southerly line of Lot IS; thence South 83O47'23'' West, 60.06 feet along said Southerly line of said Lot 15, to the TRUE POINT OF RECINNINC. PARCEL "D" - (EXHIBIT "E") Comrncncinq at an angle point on the Southerly line of said Lot 15, said corner is shown PT kD and as a 2" diameter Iron Pipe on Record of Survey No. 10774, said record of survey is filed as file No. 86-494180 on October 30, 1986 in the Office of the County kecorder of said San Diego County; thence Easterly along said Southerly line of Lot 15, b!orth 83'47'23" East, 559.84 feet to the TRUE POINT OF BEGINNING; thence lcaving said Southerly line, North 68O14'41'' East, 54.04 feet: thence North 38"33'16" East, 115.00 feet: thence North 79°33'16" East, 135.00 feet; thence South 66O26'44" East, 100.00 feet: thence South 73O26'44" East, 145.91 feet to the Southerly line of said Lot 9; thence South 83O47'23" West, 489.03 feet along the Southerly lines of said Lots 9 and 15 to the TRUE POINT OF BEGINNING. Excepting from said land those portions lying Northerly of the Northerly line and Easterly of the Easterly line of said Lot 15. . . . EXHIBIT ‘6‘ PLAT TO ACCOMPANY LEGAL DESCRIPTION PARCEL ‘A‘ w.0. 3208 SECTION 34, 112s , R4W / VICINITY MAP \PROJECT AREA t . I I EXHIBIT 'C' - i-r> 1 I PLAT TO ACCOMPANY ON LEGAL DESCRIPl PARCEL 'B' W.0. 3208 \ PROJECT AREA I' -. - EXHIBIT '0' La I I c3 -1 PLAT TO ACCOMPANY LEGAL DESCRIPTION PAR C EL' C ' w.0. 3208 d I g-r 1.5 SECTION 34, T12S , R4W I I' -- 2 I VICINITY MAP .. EA EXHIB1.T 'E' - PLAT TO ACCOMPANY LEGAL DESCRIPTION PARCEL '0' w.0. 3208 SECTION 34, 112s , R4W 1 0-r 9 -..I. CITY CLERK CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CA 92008 NO TRANSFER TAX DUE I SPACE ABOVE FOR RECORDER'S L'SE 0P:L EASEMENT FOR PUBLIC HIGHWAY Assessor's Parcel NO. 216-110-02 6 19 Project LA COSTA AVENUE W.O. No. 3208 - N. 9. HUNT, a married man. as his sole and separate propertv and W. H. HUNT. a married man, as his sole and separate property. hereinafter called GRANTOR(S), do(=) hereby grant, convey and dedicate to the CITY OF CARLSBAD, State of California, hereinafter called GRANTEE, an easement for public highway and public utility purposes and incidents thereto, upon, over and across that certain real property within the CITY OF CARLSBAD, State of California, described ;IS follows : Being those portions of Lots 14 and 15 of Section 34, Township 12 South, Range 4 West, San Rernardino Base and Meridian, in the City of Carlsbad, Coutny of San Diego, State of California, according to Official Plats thereof, described as follows: Beginning at the Southwest corner of said Lot 15, said corner is as shown on Record of Survey Map No. 9880, said point also shown on Record of Survey Map No. 10774 and labeled No. 43 thereon, said point also being on the Southerly line of Parcel 4 in deed recorded September 2, 1981 as file/page No. 81-280855, recorded in the Office of the County Recorder of San Diego County; thence Westerly along said Southerly line North 86O58'53" West 70.53 feet to a point on the Northerly line of the future right-of-way of La Costa Avenue, on file in the Office of the City Engineer of said City; thence South 89O57'49" East 42.61 feet; thence South 88O49'04" East 300.10 feet; thence South 87OO5'59'' East 156.20 feet to a point of intersection of the Southerly line of said Lot 15 with the Northerly line of the future right-of-way of La Costa Avenue, on file in the Office of the City Engineer of said City; thence Westerly along said Southerly line South 83O47'23" West 75.79 feet; thence North E6°58i531i West 353.35 feet to the POINT OF BEGINNING. Together with the privilege and right to extend drainage structures and excavation and embankment slopes 20 feet beyond the limits of the herein described right-of-way where required for the construction and maintenance of said public highway. All as shown for convenience sake on Exhibit llA1l attached hereto and made a part hereto by this reference. I On <.,- !- i , 19 87 , beforo mo, tho undersigned, 8 Notary Pub In and for ssfd C ounfy end %fa, p0rSO-y 8ppO8fOd N. B. Hunt and W. H. Hunt -- personally known to me (or proved to me on the bash of satrsrectory evldoncel lo be the pcrran(9) whoso name( 9) wsro rubscrlbcd to tho wlthln Instrument and scknonledgc to me thrt.?Wi&mlthoy executod tho rme. Wltnors my hand 8nd offlcld setal. Thh h to Certify that the-lntorort In rod property convoyod by tho forog01ng ommant t the city Of Catlsbad, a municipal corprrtlon Is hereby accepted by the Cltv Council c sdd city of Carisbed, Cellfornla purguant to Rsrolutlon No. 9045 adopted o , and tho Crrntee conront~ to recordstton thereof tlvuly authorlre mcor . May 5, 1987 I f , -7 EXHlBfT 'A' PLAT TO ACCOMPANY LEGAL DESCRIPTION W.O. 3208 ---_I_-- --+ VICINITY MAP ! PROJECT AREA CITY CLERK CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CA 92008 NO TRANSFER TAX DUE SPACE A80VE FOR RECORDER'S USE OIV EASEMENT FOR PUBLIC HIGHWAY Assessor s Pa rce I NO. 216-122-01,13,23&24 Project LA COSTA AVENUE W.O. No. 321 5 N. 6. HUNT, a married man as his separate property and W. H. HUNT, a married man as his separate property. hereinafter called GRANTOR, do(es) hereby grant, convey and dedicate to the CITY OF CARLSBAD, State of California, hereinafter called GRANTEE, an easement for public highway and public utility purposes and incidents thereto, upon, over and across that certain real property within the CITY OF CARLSBAD, State of California, described as follows : (SEE EXHIBITS "A" AND 'IB" ATTACHED] #. e PARCEL A EXH I B IT "A" Those portions of Lot 9, Lot 15. and the Southwest Quarter of the Southeast Quarter, all in Section 35, Township 12 South, Range 4 West, San Bernardino Base and Meridian, in the County of San Diego, State of California according to the official plat thereof approved October 25, 1875 lying within a strip of land 63 feet wide; the Easterly line of said strip being described as follows: Commencing at the Northerly terminus of the centerline of that certain 90 foot strip of land having a bearing of North 8°52'13'f West as described in deed to the County of San Diego, recorded November 28, 1969 as FilelPage No. 217326 of Official Records, said point being the beginning of a tangent 2,985 foot radius curve concave Westerly: thence Northerly along said curve through a central angle of 6O23'14" a distance of 332.76 feet to a point of intersection with the Southerly line of said Section 35, being the TRUE POINT OF BEGINNING; thence continuing along said 2,985 foot radius curve through a central angle of 9°?1'40" a distance of 479.01 feet; thence tangent to said curve North 24°27'07" West 990.87 feet to the beginning of a tangent 3,400 foot radius curve concave Easterly, thence Northerly along said curve through a central angle of 8°06'30tt a distance of 481.15 feet to a point herein designated as "Point A"; thence continuing along said 3,900 foot radius curve through a central angle of 7O33'26" a distance of 448.45 feet; thence tangent to said curve North 8°47111t' West 433.00 feet more or less to the Northerly line of said Lot 15. The Westerly sideline of said 63 foot strip of land shall be shortened to term- inate on the Southerly line of said Section 35 and shall be lengthened to terminate on the Northerly line of said Lot 15. PARCEL B Those portions of Lot 9, Section 35, Township 12 South, Range 4 West, San Bernardino Base and Meridian, in the County of San Diego, State of California according to the official plat thereof approved October 25, 1875 lying within a strip of larid 116 feet wide, 58 feet on each side of the following described center line : Commencing at "Point A" described above, being the point of intersection of the centerfine of the 60 foot strip of land described in deed to the County of San Diego recorded November 15, 1966 as File/Page No. 180730 and the cen- terline of the 90 foot strip of land described in deed to the County of Sari Diego recorded November 28, 1969 as File/Page No. 217326, all of Official Records, said point being the TRUE POINT OF BEGINNING; thence South 84n47'00" West 466.48 feet more or less to the Westcrly boundary of said Lot 9. -e The N rtherly and South ly sidelines of said trip of land shall be length- ened or shortened to terminate on the Westerly line of said Lot 9. TOGETHER WITH: Those portions of Lot 9 lying Westerly of the Westerly sideline of said 63 foot strip of land and lying Northerly of the Northerly sideline of said 116 foot strip of land and lying Southeasterly of a 30 foot radius curve, concave Northwesterly, said curve being tangent to both the Westerly sideline of said 63 foot strip of land and the Northerly sideline of said 116 foot strip of land, and; Those portions of Lot 9 lying Westerly of the Westerly sideline of said 63 foot strip of land and lying Southerly of the Southerly sideline of said 716 foot strip of land and lying Northeasterly of a 30 foot radius curve, concave Southwesterly, said curve being tangent to both the Westerly sideline of said 63 foot strip of land and the Southerly sideline of said 116 foot strip of land. Together with the privilege and right to extend drainage structures and excavation and embankment slopes 30 feet beyond the limits of the herein described right-of-way where required for the construction and maintenance of said public highway. All as shown for convenience sake on Exhibit "B",Sheets 1 and 2,attached hereto and made a part hereto by this reference. * 19 -- - Dated thl9 STATE OF TEXAS County of , nwq , 19 87 , before me, tho undcrrlgned, 8 Notary Pub1 N. B. Hunt and -/ On << -/ In and for r8ld C ounty and ~tato, parroXy approrod personally known to me (or proved to me on the bash of sathfectory evldencel fo bo W. H. Hunt the pcr$an( 9) whore nsmo( 9) 9sro subxrlbcd to tha wlthln In3trumrnt and acknowledge fa ma that -/they owrcutrd tho same. Wltnerr my hrnd and ofnclrl aeal. JEANNE Y. lfDElTQ Wk ‘w the State of Texas *’fly cornrnlssion expire P-&- J < Thh 18 to cwtlfy that tha lnterort In rad property conveyed by tho foregoing rrsomfmt tc the ClW Of Cbrhbad, a rnunlclwl corporation ls heroby accepted by tho Cltv COuncll 01 , and the Crantoo consonl~ to rocordallon thoreof hvuly bulhorlrac Girlcer. grid Clty Of Csrlrbed, Callfornla pursuant to Rerolutlon No. 9045 adopted or May 5, 1987 P -_ I WILLDAN ASSOCIATES SHEET 1 OF 2 CONSULTING ENGINEERS 6 PLANNERS W MY 3 C*MINO d.~ *to I. sum 207. SAN mew. CA ma n I mi 1 EXHIBIT "B" I I I 1 # 6926 1 - <-- I I /- I I I I I I I 1 f I 1 ASS. PAR. NO. I 216-122-23 PARCEL 'A' - - - -- PROPOSED RIGHT OF WAY TO BE ACQUIRED WILLDAN ASSOCIATES S-T 2 OF 2 CONSULTING ENGINEERS L PLANNERS W 3613 CWINO dd @IO S SUITC 207, SAN IWCCO. CA VYIOI 111 921 1 EX Hl.BlT " B " I I I # 6926 1 1 I