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HomeMy WebLinkAbout1988-05-24; City Council; 9451; Public Hearing for Initiation of Eminent Domain Palomar Airport Road West Assessment District Project 3151.. z o 6 a J 5 z 3 0 0 ClW F CARLSBAD - AGENW ILL W&% 14 .,AB# 945j a PUBLIC HEARING FOR INITIATION DEPT. ;D!J MTG. 05/24/88 OF EMINENT DOMAIN PROCEEDINGS CITY Ad WEST ASSESSMENT DISTRICT MP FOR THE PALOMAR AIRPORT ROAD CITY MGR? DEPT. RECOMMENDED ACTION: Adopt Resolution No. retaining Special Counsel, approving deposits with the Court, and directing the condemnation of necessary rights-of-way for the Palomar Airport Road West Assessment District, Project No. 3151. ITEM EXPLANATION: On May 17, 1988, the City Council adopted resolutions certifying the Conditional Negative Declaration, approving the plans, specifications, and contract documents, and authorizing the advertisement of construction bids for the Palomar Airport Road West Assessment District, Project No. 3151. This assessment district project is a joint effort between the City and several property owners fronting Palomar Airport Road from Camino Vida Roble westerly to Paseo Del Norte. The project includes construction of Palomar Airport Road to prime arterial standards with six (6) travel lanes, raised median islands, considerable underground utility work including a major waterline to be constructed in conjunction with the Costa Real Municipal Water District, and a traffic signal at the intersection of Palomar Airport Road and College Boulevard. On April 14, 1988, the California Coastal Commission approved the project's Coastal Development Permit requiring offsetting mitigation for impacted wetland and riparian habitat which has been incorporated into the project. Additional permits required from the State of California, Department of Fish and Game and the United States Army Corps of Engineers have been obtained for the pro j ect . Staff has been negotiating with the affected property owners within the assessment district to secure the necessary rights-of- way to enable the construction of the improvements. All rights- of-way must be obtained prior to the July 5, 1988 assessment district public hearing in which the district will be confirmed and construction bids awarded. Staff has received indications from most of the property owners that all documents transferring necessary interest in the right-of-way will be executed and delivered to the City prior to the July 5th date. However, in the event one or more property owners are unwilling to participate in the district, it is necessary to undertake procedural steps at this time to acquire the right-of-way by eminent domain prior to July 5th. It is therefore recommended the City proceed to initiate condemnation proceedings at this time so as to adhere to the project schedule and permit conditions. a ?1 1 ' Page 2 of Agenda Bill No. ?yd-/ Following consultation with the City Attorney, staff recommends the City Council formally retain the law firm of Asaro & Keagy as Special Counsel for this action. This firm has represented the City's interests in several other similar actions. Valuation of the required right-of-way has been previously completed. Negotiations and offers to purchase the property from the property owners in accordance with legal requirements have been undertaken. Required notice to the property owners in anticipation of the initiation of condemnation proceedings has taken place. Special Counsel will advise the City Council at this meeting as to the status of the negotiations and recommend to the City Council the adoption of the Resolution of Necessity to Condemn. In accordance with State law, the City has given proper notice to this public hearing to the owners of the subject property. The City is not required by law to consider the request of any person to be heard who did not submit a written request on or before May 19, 1988, nor the request of any person not an owner of interest in the property being condemned. Adoption of the Resolution of Necessity to Condemn requires a two-thirds (2/3) vote of the City Council and conclusively establishes the findings contained therein. This action includes all required rights-of-way not previously dedicated or purchased for the Palomar Airport Road West Assessment District within the boundaries of the district. ENVIRONMENTAL REVIEW: The City Council formally certified the Conditional Negative Declaration on May 17, 1988 following its issuance by the Planning Director on December 30, 1987. A mitigation plan offsetting adverse impacts to sensitive habitat has been prepared and incorporated into the project thereby satisfying conditions required of the Negative Declaration and the regulatory agency permits. Justification and support materials for this determination are on file in the Planning Department. GENERAL PLAN CONSISTENCY: The Planning Commission formally adopted Resolution No. 2696 on October 21, 1987 determining the construction of the Palomar Airport Road West Assessment District was in conformance with the City's General Plan. rn .?) 1 'Page 3 of Agenda Bill No. 9"/-s/ FISCAL IMPACT: All costs associated with right-of-way acquisition, appraisal fees, court costs, legal fees, and related acquisition expenses are fully assessable to the property owners within the assessment district. The City will not be obligated for any expenses related to the acquisition of rights-of-way necessary for the assessment district project. The construction cost is estimated to be $5,800,000 and the total project cost (including design, right-of-way and financing costs) is estimated to be $7,747,000. The City contribution is currently estimated to be $3,617,000 ($2,819,000 for the center four lanes and median curbs and $798,000 for Carltas and Ecke frontages). Funds in the amount of $3,100,000 have been appropriated for this project from the Public Facilities Fee Fund. When construction bids are received, if the current funds are insufficient, an additional appropriation will be requested. The City Council may be asked to reprioritize projects, modify project funding or timing in the CIP or transfer funds from other sources to provide funding for this project. EXHIBITS : 1. Location Map. 2. Resolution No. E7 - 1 7-3 retaining Special Counsel, authorizing deposit of fees with the Court, and adopting the Resolution of Necessity to Condemn certain rights-of-way required for the construction of the Palomar Airport Road West Assessment District, Project No. 3151. 3. Easement documents with legal descriptions and plats for all roadway, drainage, slope and open space (mitigation) rights-of-way referenced as Exhibit IrAV1 in above resolution. 4. Negative Declaration issued by the Planning Director on December 30, 1987. 5. Property valuation appraisals on file with Municipal Projects. 6. Project plans, specifications and contract documents incorporating the project's mitigation plan on file with Municipal Projects. r~ ?. I ? foCATlON .*' MA ..-. .. .. .. .. .. .. .. : . . . . . . . . . . . . . . . . . . . . . :. . . : - L.EGEND ASSESSM ENT D 1 STRICT . . . c,. .. . . BOUNDARY VlCJNlTv MAP N. 1. S. I PROJECT NAME PALOMAR AIRPORT ROAD WEST PRBJ- NO- EXHIBl ASSESSMENT DISTRICT & IMPROVEMENT PROJECT 3151 1' > ? 1 2 3 4 5 6 7 8 9 It0 It1 112 It3 114 115 :Le :L7 :L8 3.9 ;?O 21 2 2 23 ;?4 ;25 :?6 27 28 e e RESOLUTION NO. 88-173 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING AND DIRECTING THE CONDEMNATION OF CERTAIN REAL PROPERTY INTERESTS IN THE CITY OF CARLSBAD AND DECLARING THE PUBLIC NECESSITY THEREOF WHEREAS, the City of Carlsbad, California, proposes to improve Palomar Airport Road between Paseo del Norte and Camino Vida Roble in the City of Carlsbad, hereinafter referred to as *'the project1@; and WHEREAS, the project requires the acquisition of certain ' real property interests; and WHEREAS, the City of Carlsbad, California, may exercise the right of eminent domain for the acquisition of real property interests therein for streets, drainage facilities, and other purposes pursuant to the California Streets and Highways Code, Section 4090, and the Government Code, Sections 37350, 37350.5 and 37353; and 1 WHEREAS, the plans for the project within the City of Carlsbad are on file in the office of the Municipal Projects Department of the City of Carlsbad, California; and WHEREAS, on October 21, 1987, the Planning Commission of the City of Carlsbad, California, pursuant to the provisions of the California Government Code, Section 65402, found that the proposed location, purpose, and extent of the project is consistent with the City of Carlsbad General Plan; and /// /// * j r :L 2 :3 44 5 16 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 * i) WHEREAS, on May 17, 1988, pursuant to the California Public Resources Code, Section 21000 and following, the City Council of the City of Carlsbad, California, certified a negative declaration for the project; and WHEREAS, the real property of interests therein sought to be acquired are located within the territorial limits of the City of Carlsbad, California, and are necessary for the proposed project; and WHEREAS, the City of Carlsbad, California, has established the amounts which it believes to be the just compensation for the hereinafter described real property or interests therein sought to be acquired; and WHEREAS, pursuant to Government Code Section 7267.2, the City of Carlsbad, California, has offered to the owners of said real property or interests therein the full amount established as just compensation for said real property or interests therein sought to be acquired; and WHEREAS, the City of Carlsbad, California has provided said owners of said real property or interest therein a written statement and summary of the basis for the amount established as just compensation for the real property or interests therein sought to be acquired; and I WHEREAS, a reasonable length of time has expired since the date of the offer to the owners of the real property or interests therein sought to be acquired, and the owners have failed to favorably respond to the offers of the amounts established by the City of Carlsbad as just compensation; and /// * 1 2 3 4 5 6 7 a 9 1.0 1.1 I. 2 1.3 1-4 3.5 li 6 It 7 It 8 :t9 2 0 2 1 2 2 2 3 2 4 2 5 2 6 2 7 2 8 * e WHEREAS, pursuant to the provisions of the California Code of Civil Procedure, Section 1245.235, the owners of the real property or interests therein sought to be acquired whose names and addresses appear on the current equalized COUNTY ASSESSMENT ROLL, have been sent a NOTICE OF INTENTION TO ADOPT A CONDEMNATION RESOLUTION, and have been provided with an opportunity to appear and be heard on the matters referred to in California Code of Civil Procedure, Section 1240.030; and WHEREAS, sufficient funds have been appropriated by the City Council of the City of Carlsbad, California, to be deposited with the court in the amount of the aforementioned value of the real property or interests therein sought to be acquired; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, which finds, determines, and hereby declares: 1. That the above recitations are true and correct. 2. That the public interest and necessity require the proposed project. 3. That the proposed project is planned and located in a manner which will be most compatible with the greatest public good and the least private injury. 1 4. That the real property or interests therein, hereinafter described in this Resolution, is necessary for the proposed project. 5. That the proposed project is a matter of public necessity. /// /// b I :1 ;2 3 4 5 6 7 8 9 1.0 1.1 1.2 1.3 1.4 1.5 I. 6 3.7 1.8 1.9 2 0 i! 1 2 2 2 3 2 4 2 5 2 6 2 7 2 8 c a 6. That the use of all and each and every part of said hereinafter described real property or interests therein for the use and purposes of the proposed project is a public use and use authorized by law. 7. That the public interest and necessity required that the property or interests therein, hereinafter described in this resolution, be taken. 8. That the the law firm of Asaro & Keagy, hereinafter referred to as 'ISpecial Counsel" be, and is, authorized, empowered, and directed, in the name of the City of Carlsbad, to acquire by donation, purchase, or condemnation, in accordance with the provisions of the Code of Civil Procedure of the State of California related to eminent domain, the hereinafter described interests in real property. 9. That Special Counsel is authorized and directed to prepare and prosecute in the name of the City of Carlsbad such suit or suits in the proper court having jurisdiction thereof as are necessary to condemn, take, and acquire said hereinafter described real property, or any part thereof, for the proposed pro j ect . I 10. That Special Counsel is authorized and directed to make an application to said court for an order determining the amounts of money to be deposited as security for the payment of the just compensation which will be made for the taking of the real property or any part thereof, or interest therein necessary for the proposed project and any damage incident thereto, and to make application to said court for an order /// I :1 ;2 3 4 5 6 7 8 9 10 11 12 13 14 15 1.6 1.7 1,8 1.9 20 21 22 2! 3 24 25 2! 6 2! 7 2! 8 e 10 permitting the City of Carlsbad to take immediate possession of and to use said real property and part thereof, or interests therein, sought to be condemned for the proposed project. 11. That Special Counsel is authorized and directed to make deposit for such security for such right-of-way out of proper funds under the control of the City of Carlsbad in the amount determined by the court in the manner directed by the court. 12. That Special Counsel is authorized and directed to incur on behalf of the City of Carlsbad all reasonable and necessary expenses in the prosecution of a suit or suits to condemn said real property. 13. That the real property referred to in this resolution is situated in the City of Carlsbad, County of San Diego, State of California, and is more particularly described in the parcel descriptions identified in attached Exhibit I1At1 incorporated by reference and made a part hereof. /// /// /// /// /// /// /// /// /// /// /// /// I I I :1 d2 3 4 5 6 7 8 9 lo 11 12 1.3 1.4 1.5 1.6 3.7 1.8 1.9 * @ 14. That the City Council of the City of Carlsbad, California, hereby authorizes and approves deposit with the court, funds for the acquisition of real property or interests therein consistent with the intent of this Resolution. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 24th day of May 1988, by the following vote: I AYES: Council Members Lewis, Kulchin, Pettine and Mamaux NOES: None ABSENT: None ABSTAIN: Council Member Larson ATTEST: ALETHA L. RAUTENKRANZ, Citq Clerk (SEAL) n2hL-o- ! i! 0 i!l 22 2 3 2 4 2 5 2 6 2 7 2; a WHEN RECORDED, &E MAIL t THIS INSTRUMENT TO: CITY CLERK CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CA 92008 NO TRANSFER TAX DUE c SPACE ABOVE FOR RECORDER'S USE w. a The Grantor hereby further grants to the City of Carlsbad that privilege and rig,ht to' extend drainage structures and excavation and embankment slopes beyond the limits of a there herein described right-of-way where required for the construction and maintenance of said City Highway. RESERVING unto grantor of the above described parcel of land, his successors or assigns, the right to eliminate such slopes and/or drainage structures or portions thereof, when in the written opinion of the City Engineer of Grantee, the necessity therefore is removed by substituting other protection, support and/or drainage facility, provided such substitution is first approved in writing by said Engineer(s). The Grantor hereby further grants to Grantee all trees, growths (growing or that may hereafter grow), and road building materials within said right-of-way, including the right to take water, together with the right to use the same in such manner and at such locations as said Grantee may deem proper, needful or necessary, in the construction, reconstruction, improvement or maintenance of said highway. The Grantor, for himself, his successors and assigns, hereby waives any claim for any and all damages to Grantor's remaining property contiguous to the right-of-way hereby conveyed by reason of the location, construction, landscaping or maintenance of said hi ghway . Dated this day of 9 19-0 Paul Ecke, Sr., Trustee, UTA dated 9/8/83 STATE OF )ss. County of 1 On 9 19- , before me, the undersigned, a Naary Public in and for said County and State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that helshelthey executed the same. Witness my hand and official seal. Notary Public in and for said County and State This is to certify that the interest in real property conveyed by the foregoing easement to the City of Carlsbad, a municipal corporation is hereby accepted by the City Counci 1 of said City of Carl sbad, Cal i fornia pursuant to Resolution No. adopted on , and the Grantee consents to recordation thereof by its duly authorized officer. Dated BY ALETHA L. RAUTENKRANZ, City Clerk m .. -9 1 EXHIBIT "A" LEGAL DESCRIPTION Assessors Parcel No. 212-041-05 All that portion of Lot 'G' of the Rancho Agua Hedionda according to map thereof No. 823 filed in the office of the County Recorder of San Diego County, November 16, 1896, in the City of Carlsbad, County of San Diego, State of California, being more particularly described as follows: Beginning at the most southwesterly corner of Parcel 1 of Parcel Map No. 6331 filed in the office of the County Recorder .of said County, September 8, 1977, said point also being on the centerline of Palomar Airport Road according to Road Survey No. 1534 on file in the office of the County Surveyor of said County; thence along the westerly line of said Parcel 1, N 3"17'16" W (N 3'18'34'' G( per Parcel Map No. 6331), 52.00 feet to the TRUE POINT OF BEGINNING; thence continuing along the westerly line of said Parcel 1, N 3'17'16" W (N 3'18'34" W per Parcel Map No. 6331), 41.61 feet; thence leaving said westerly line, S 69"43'15" W, 630.49 feet to the westerly line 01 said Lot 'G' as shown on Record of Survey Map No. 5715 filed in the office of the County Recorder of said County, December 19, 1960; thence along the westerly line of said Lot 'GI, S O"03'18" W (S O"31'16" E per Record of Surve; Map No. 5715), 30.02 feet to the northerly right-of-way line of said Road Survey No. 1534; thence along the northerly right-of-way line of said Roah Survey No. 1534, N 70'46'53" E (N 70°12'37" E per Record of Survey Map No. 5715), 628.87 feet to the TRUE POINT OF BEGINNING. DLW/1 cd 268-01-1(~).300. W ~ WE% €E LY MAP NO. 023 L\NE LOT " G" &f? rq. ale- m 45 m-r I' 5 'I .MAP No. w3 p gn-j-jr3r\) FL4bJG-D AWA rJsDj@JD/\ Ir. --- \. .. ' # .- ' :*, '..: ' ---- . ; \,r c.-: * q443.a@= 0.44 dL WE5TElzLY LlNE PAEEL 1, P.M. 6331 SOUTHWESTEPLY coatxcz PARCEL 1 , FM. 6331 Tl7"u'W 41.61' ~N3*l#34*W PEU RY. &33) CITY OF CAPLS5AP ACQU(SITI0N PLAT mVHWm8W *SSOCIAI€S c0"G E;"ff# EWlW "A 'I ~Mu~cA"#L4D,sum200 ~OIKj0,CAWM @lqs76-m Job NO. 260-011 @WPOUNTNFT6ASSOOAmK D8to: 4/W/m By: p w@.& Shoot 1 Of I Shoot8 * ' WHEN RECORDED, PLEASE MAIL THIS INSTRUMENT TO: CITY CLERK CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CA 92008 NO TRANSFER TAX DUE SPACE ABOVE FOR RECORDER'S USE (b) That within sai m p'e'n space easement, the subjec ? area will be left in natural state for the protection of endemic biological resources, and no clearing or removal of any vegetation shall be permitted except hand brush clearing for fire protection purposes by written order of the office of fire services coordinator within said open space easement, and except as for landscaping and the placement of drainage structures and associated rip-rap within said open space easement, without the written authorization of the City of Carlsbad or its successors or assigns. (c) That it shall not excavate or grade or permit any excavating or grading to be done or place or allow to be placed any sand, soil rock, gravel or other material whatsoever on the subject land without the written permission of the City of Carlsbad or its successors or assigns, provided, however, that the Grantor may excavate, grade or place sand, soil, rock or gavel or other material on the subject 1 and as is permitted by written permission of the City of Carlsbad. (d) That the terms, covenants and conditions set forth herein may be specifically enforced or enjoined by proceedings in the Superior Court of the State of California. The grant of this easement and its acceptance by Grantee shall not authorize the public or any members thereof to use or enter upon any or any portion of the subject land, it being understood that the purpose of this easement is solely to restrict the uses to which the subject land may be put. This easement shall bind the Grantor and its successors and assigns. To have and to hold said easement and right-of-way unto itself and unto its successors and assigns forever with the right to convey said easement, or any portion of said easement, to other public agencies. The real property referred to hereinabove and made subject to said easement and right-of-way by this grant is situated in the City of Carlsbad, County of San Diego, State of California, and is particularly described as follows: See the attached legal description designated Exhibit "A", consisting of 1 sheet, and the attached Acquisition Plats, designated Exhibit "fi", consisting of 1 sheet, each made a part hereof by reference. : e There is reserve v to the Grantor, his successors and assigns, the right s privilege to use the above described land of the Grantor at any time, in manner and for any purpose not inconsistent with the full use and enjoyment b] Grantee, its successors and assigns, of the rights and privileges herein granl Executed t hi s day of ¶ 19-0 STATE OF )ss. County of 1 On , 19 , before me, the undersigned, a Notary Pub1 and for said County and State, pzsonally appeared personally known to me (or proved to me on the basis of satisfactory evidenc be the persons(s) whose narne(s) is/are subscribed to the within instrument acknowledged to me that he/she/they executed the same. Witness my hand and official seal. Notary Public in and for said County and State This is to certify that the interest in real property conveyed by the fore corporation grand deed to the City of Carlsbad, a municipal corporation is h accepted by the City Council of said City of Carlsbad, California pursuar Resolution No. adopted on , and the Gr consents to recordation thereof by its duly authorized officer. Dated BY ALETHA L. RAUTENKRANZ, City Clerk 385.28 w .- 1 EXHIBIT "A" Assessors Parcel No. 212-041-05 All that portion of Lot 'G' of the Rancho Agua Hedionda according to map thereof No. 834 filed in the office of the County Recorder of San Diego County, November 16, 1896, in the City of Carlsbad, County of San Diego, State of California, being more particularly described as follows: Beginning at a point on the westerly line of Parcel 1 of Parcel Map No. 6331, filed in the office of the County Recorder of said County September 8, 1977, said point also being on the northerly right-of-way of Palomar Airport Road according to Road Survey No. 1534 on file in the office of the County Surveyor of said County; thence along said northerly right-of-way S 70'46'53'' W (S 70'45'53" W per said Road Survey no. 1534), 20.17 feet; thence leaving said northerly right-of-way line, N 20'16'45" W 47.42 feet to the TRUE POINT OF BEGINNING; thence N 69O43'15" E 17.00 feet; thence N 20'16'45" W 25.00 feet; thence S 69'43'15" W 64.00 feet; thence S 20'16'45" E 25.00 feet; thence N 69'43'15" E 47.00 feet to the TRUE POINT OF BEGINNING. DLW/se 268-01-1 (W) 385.29 r , - e I -1v 8 P/\2 I P/\FKEL b No cam1 P -1 -> PDF< L9T G re F< ;-1 C3 /\G !J/\ rJ~D19blDA M/\P h19 32.3 APN 2 12-041-05 - - AKEA TO BE ACQUIREP 1,600W = 0.04 AC -- SHOWN WZ EXH\fb\T 'B' CITY Of CAULLjBAD 4P@VB!UWMrnW ASSOCIAT~S ACQUISITION PI CONSULTING ENGINEERS OPEN SPACE EA5EM.ENl 4455 MURPHY CANYON ROAD, SUlTE 200 SAN DIEGO, CA 92123 (619) 576-9200 Job h 01987 POUNMEY d ASSOCIATES INC Date: 9/30/$7 By: D WAtlL Sheel J * THIS INSTRUMENT TO: CITY CLERK CITY OF CARLSBAD 1200 ELM AVENUE CARbBAD, CA 92008 NO TRANSFER TAX DUE e SPACE ABOVE FOR RECORDER'S US w. rn The Grantor hereby further grants to the City of Carlsbad that privilege and right to extend drainage structures there herein described right-of-way where required for the construction and maintenance of said City Highway. RESERVING unto grantor of the above described parcel of land, his successors or assigns, the right to eliminate such slopes and/or drainage structures or portions thereof, when in the written opinion of the City Engineer of Grantee, the necessity therefore is removed by substituting other protection, support and/or drainage facility, provided such substitution is first approved in writing by said Engineer(s). The Grantor hereby further grants to Grantee all trees, growths (growing or that may hereafter grow), and road building materials within said right-of-way, including the right to take water, together with the right to use the same in such manner and at such locations as said Grantee may deem proper, needful or necessary, in the construction, reconstruction, improvement or maintenance of said highway. The Grantor, for himself, his successors and assigns, hereby waives any claim for any and a1 1 damages to Grantor's remaining property contiguous to the right-of-way hereby conveyed by reason of the location, construction, landscaping or maintenance of said highway. and excavation and embankment slopes beyond the limits of' Dated this day of 9 19-. Paul Ecke, Sr., Trustee, UTA dated 9/8/83 STATE OF )ss. County of 1 On , 19-, before me, the undersigned, a Notary Public in and for said County and State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same. tlitness my hand and official seal. Notary Public in and for said County and State This is to certify that the interest in real property conveyed by the foregoing easement to the City of Carlsbad, a municipal corporation is hereby accepted by the City Council of said City of Carlsbad, California pursuant to Resolution No. adopted on , and the Grantee consents to recordation thereof by its duly authorized officer. Dated BY ALETHA L. RAUTENKRANZ, City Clerk 8 .. e % s E XH IB I T "A" LEGAL DESCR I PTI 0 N Assessors Parcel No. 212-041-05 All that portion of Lot 'G' of the Rancho Agua Hedionda according to map thereof No. 834 filed in the office of the County Recorder of San Diego County, November 16, 1896, in the City of Carlsbad, County of San Diego, Stat€ of California, being more particularly described as follows: BEGINNING at a point on the westerly line of said Lot "G" at its intersection with the northerly right-of-way line of Road Survey No. 1534, on file in the office of the County Surveyor of said County; thence along said westerly line N 0'03'18" E (N 0'02'02" E per said Road Survey No. 1534), 35.55 feet; thence leaving said westerly line, N 19'30'03" E 32.71 feet; thence S 70'29'57" E 20.00 feet; thence S 19'30'03" W 59.69 feet to said northerly right-of-way line; thence along said northerly right-of-way line, S 70'46'53" W (S 70"45'53" W per said Road Survey No. 1534), 10.46 feet to the POINT OF BEGINNING. Together with the following described portion of said Lot "G": Beginning at a point on the westerly line of Parcel I of Parcel Map No. 6331, filed in the office of the County Recorder of said County September 8, 1977, said point also being on the northerly right-of-way of Palomar Airport Road according to Road Survey No. 1534 on file in the office of the County Survey! of said County; thence along said northerly right-of-way S 70'46'53" W (S 70'45'53" W per said Road Survey no, 1534), 20.17 feet to the TRUE POINT ( BEGINNING; thence leaving said northerly right-of-way 1 ine, N 20'16'45" W 47.42 feet; thence N 69'43'15" E 17.00 feet; thence N 20'16'45" W 25.00 feet thence S 69'43'15" W 64.00 feet; thence S 20'16'45" E 25.00 feet; thence N 69'43'15" E 17.00 feet; thence S 20'16'45" E 46.86 feet to said northerly right-of-way line; thence along said northerly right-of-way line, N 70'46'53" E 30.01 feet to the TRUE POINT OF BEGINNING. DLW/se 268-01-1 (W)347 -82 )(bern&ID#W ASSOCIATtS CONSVU7m €FGUV€EK A455 huMfHr CwmU w, wm 200 wDIFGo,cA92123 @a9J576-9100 @wmm€r&~ INC - I 1 CITY OF CAa-0 ACQUISITION PLAT 5mgkl GRAIN EAE€MENT ob No. 268-01-1 shoot I Of 2 swts Dab: By: 1 * P!\Z 1 Fy4 r'( 5 E L MA b1c3 c30Jl Pf- -) ?OF< LOT G If X-D AGUA J-JLDIOND"' J\/JAP ]\Icy, m.3 APN 212-041-0 AREA ro RE ACQUIRW SHOWN a 2164.27 qZ- D 04 A.L. EXH If3 IT '0' CiTf OF CARLeMD . P@VBlW!!!5l,W ASSOCIATES ACQUISlTlON PL GTSh/l D-rd EAGEMWT Job Nc 9/9/87 BY! D WAHL Sheet CONSULTING ENGINEERS 4455 MURPHY CANYON RmD, SUITE 200 SAN DIEGO, CA 92123 (619) 576-9200 01987 POUNTNEY B ASSOCIATES INC Date: i 7 * wH[ENREmRDED,mERsEMAIL mus lNsmmma m: CITYCLERK CITY OF CARISBAD 1200 ELM AVENUE CARISBAD, CA 92008 SI TRANSFER TAX DUE SPACE ABCNE FOR RECRIER'S USE ONLY 0 vb The Grantor hereby further grants to the City of Carlsbad that privilege and rig6t to * extend drainage structures and excavation and embankment slopes beyond the 1 irnits of there herein described right-of-way where required for the construction and maintenance of said City Highway. RESERVING unto grantor of the above described parcel of land, his successors or assigns, the right to eliminate such slopes and/or drainage structures or portions thereof, when in the written opinion of the City Engineer of Grantee, the necessity therefore is removed by substituting other protection, support and/or drainage facility, provided such substitution is first approved in writing by said Engineer(s). The Grantor hereby further grants to Grantee all trees, growths (growing or that may hereafter grow), and road building materials within said right-of-way, including the right to take water, together with the right to use the same in such manner and at such locations as said Grantee may deem proper, needful or necessary, in the construction, reconstruction, improvement or maintenance of said highway. The Grantor, for himself, his successors and assigns, hereby waives any claim for any and all damages to Grantor's remaining property contiguous to the right-of-way hereby conveyed by reason of the location, construction, landscaping or maintenance of said h i g h way. Dated this day of 9 19-0 STATE OF )ss. County of 1 On , 19,, before me, the undersigned, a Notary Public in and for said County and State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same. Witness my hand and official seal. Notary Public in and for said County and State This is to certify that the interest in real property conveyed by the foregoing easement to the City of Carlsbad, a municipal corporation is hereby accepted by the City Council of said City of Carlsbad, California pursuant to Resolution No . adopted on , and the Grantee consents to recordation thereof by its duly authorized officer. ALETHA L. RAUTENKRANZ, City Clerk Dated BY a e 1 . E XH I 8 I T "A" LEGAL DESCRIPTION Assessors Pa rcel 2 12 -040-25 That portion of that certain parcel of land shown and designated as "Description No. 3, 78.07 acres" on Record of Survey Map No. 5715, filed in the office of the County Recorder of San Diego County, December 19, 1960, being a portion of Lot "G" of the Rancho Agua Hedionda, according to map thereof No. 823, filed in the office of the County Recorder of San Diego County, November 16, 1896, in the City of Carlsbad, County of San Diego, State of California, lying southerly of the centerline of Palomar Airport Road, as shown on County of San Diego Road Survey No. 1534, on file ii the office of the County Surveyor of said County, being more particularly described as foll ows : Beginning at a point on the centerline of said Road Survey No. 1534, distance thereon 110.74 feet from the beginning of a tangent curve concave southwesterly and having a radius of 1,200.00 feet, said beginning of curve being designated Engineers' Station 99+10.74 on said Road Survey No. 1534; thence from said centerline point, in a straight line to the most northerly corner of that certain parcel of land shown and designated as "Description No. 5, 103.54 acres" on said record of Survey Map No. 5715, S 7'54'57" W 50.11 feet to the southwesterly right-of-way line of Palomar Airport Road as shown on said Road Survey No. 1534, said point being the TRUE POINT OF BEGINNING; thence along said southwesterly right-of-way 1 ine N 78'19'53" W (N 78'20'53'' W per Road Survey No. 1534), 1,404.64 feet to the most northeasterly corner of Parcel 'ID" of Parcel Map No. 2993, filed in the offic of the County Recorder of said County, August 23, 1974; thence along the southeasterly line of said Parcel "D", S 14'10'59" W (S 13'36'43" W per Parce Map No. 2993) 13.01 feet; thence leaving said southeasterly line parallel wit the southwesterly line of said Road Survey No. 1534, S 78'19'53" E DLWIskg 268-01-1(~).229.51 Page 1 01 W s r t (S 78"20'53" E per Road Survey No, 1534) 1,226.05 feet to the beginning of a tangent curve concave southwesterly and having a radius of 1,937.00 feet; thence easterly along said curve through a central angle of S"20'56" an arc length of 180.83 feet to the intersection with a line drawn from the TRUE POINT OF BEGINNING to the most northerly corner of said "Description No. 5" shown on said Record of Survey Map No. 5715; thence along said line N 7O54'57" E 21.48 feet to the TRUE POINT OF BEGINNING. DLW/s kg 268-01-1 (w) ,229.51 Page 2 of 2 WeVrnWrnHY ASSOCIATES ' co"G ENuNEfRs 445s MURPHY rn RQ4D, sum 200 sANMGo,cA92lz3 pqs7&m OlW7POU~EYY~fINc C/W bt CARLSBAD ACOU(SIl'l0N PLA' ##WIDIT bay Job NO.2( Dato: 9/#/87 By: D. WAUL Shot Io' \WHEN RECORDED, PLEASE MAIL THIS INSTRUMENT TO: CITY CLERK CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CA 92008 NO TRANSFER TAX DUE SPACE ABOVE FOR RECORDER'S US W W The Grantee shall have the right to fence all or any portion of said easement r herein conveyed within which there is installed or constructed an unenclosed flood drainage channel . The Grantee, it successors and assi gns, shall be responsible for operating, maintaining, and keeping in good repair the above described works of improvement The Grantor, his successors and assigns, reserves the right to enclose in a manner approved by the Grantee, its successors and assigns, any portion of an unenclosed flood drainage channel provided such enclosure is constructed or installed by a licensed contractor in accordance with plans and specifications approved by and to the satisfaction of the Grantee, its successors and assigns. In granting its approval, the Grantee, its successors and assigns, may impose reasonable conditions, including, but not limited to, the filing by the contractor or Grantor of an adequate performance bond to guarantee completion of the work. There is reserved to the Grantor, his successors and assigns, the right and privilege to use the above described land of the Grantor at any time, in any manner and for any purpose not inconsistent with the full use and enjoyment by the Grantee, its successors and assigns, of the rights and privileges herein granted. Executed this day of 19 . 9- STATE OF )ss. County of ) On , 19,, before me, the undersigned, a Notary Public in and for said County and State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same. Witness my hand and official seal. Notary Public in and for said County and State This is to certify that the interest in real property conveyed by the foregoing easement to the City of Carlsbad, a municipal corporation is hereby accepted by the City Council of said City of Carlsbad, California pursuant to Resolution No. adopted on , and the Grantee consents to recorm thereof by its duly authorized officer. ALETHA L. RAUTENKRANZ, City Clerk Dated BY m e 1 EXHIBIT LEGAL DESCRIPTION Assessors Parcel No. 212-040-25 All that portion of Lot "G" of the Rancho Agua Hedionda according to map thereof No. 823 filed in the office of the County Recorder of San Oiego Count November 16, 1896, in the City of Carlsbad, County of San Diego, State of California, being more particularly described as follows: Beginning at a point on the southerly right-of-way of Road Survey No. 1534 on file in the office of the County Surveyor of said County, know as Palomar Airport Road, at Engineer's Station 78+25.34 E.C. ; thence along said southerl, right-of-way S 78'19'53" E (N 78O20'53" W per said R.S. 1534) 702.77 feet to the TRUE POINT OF BEGINNING "A"; thence leaving said southerly right-of-way, S 11*40'07" W 60.00 feet; thence S 78O19'53" E 20.00 feet, thence N 11'40'07" 60.00 feet to said southerly right-of-way; thence along said southerly right-of-way, N 78O19'53" W 20.00 feet to the TRUE POINT OF BEGINNING "A". Together with the following described portion of said Lot Beginning at a point on the southerly right-of-way of Road Survey No. 1534 on file in the office of the County Surveyor of said County, know as Palomar Airport Road, at Engineer's Station 78+25.34 E.C.; thence along said southerl. right-of-way S 78'19'53" E (N 78O20'53" W per said R.S. 1534) 1,255.77 feet t the TRUE POINT OF BEGINNING "6"; thence leaving said southerly right-of-way, S ll"40'07" W 63.00 feet; thence S 78'19'53" E 20.00 feet; thence N 11'40'07" E 63.00 feet to said southerly right-of-way; thence along said southerly right-of-way, N 78'19'53" W 20.00 feet to the TRUE POINT OF BEGINNING "8". "G": DLW/se 268-01-1 (W)347.76 Page 1 of 0 w r Together with the following described portion of said Lot "G": All that portion Of that certain parcel of land shown and designated as "Description No. 3, 78.07 acres" on record of Survey Map No. 5715, filed in the office of the County Recorder of San Diego County, December 19, 1960, lying southerly of the centerline of Palomar Airport Road, as shown on Road Survey No. 1534, on file in the office of the County Surveyor of said County, being more particularly described as follows: Beginning at a point on the centerline of said Road Survey No. 1534, distance thereon 110.74 feet from the beginning of a tangent curve concave southwesterly and having a radius of 1,200.00 feet, said beginning of curve ' being designated Engineer's Station 99+10.74 on said Road Survey No. 1534; thence from said centerline point, in a straight line toward the most northerly corner of that certain parcel of land shown and designated as "Description No. 5, 103.54 acres", on said Record of Survey Map 5715, S 7O54'57" W 71.59 feet to the TRUE POINT OF BEGINNING "C"; thence continuing along said line, S 7'54'57" W 47.83 feet; thence leaving said line S 8O"OO'OO" W 27.70 feet to the beginning of a tangent curve concave southeasterly and having a radius of 40.00 feet; thence southwesterly along said curve through a central angle of 4O"OO'OO" an arc length of 27.93 feet; thence tangent to said curve S 40°00'00" W 100.00 feet; thence N 82'50'18" W 147.10 feet; thence N 72"OO'OO" E 120.00 feet; thence N 4O"OO'OO" E 78.00 feet to the beginning of a tangent curve, concave southeasterly and having a radius of 100.00 feet; thence northeasterly along said curve through a central angle of 49'14'37" an arc length of 85.95 feet to an intersection with a non-tangent curve concave southerly and having a radius of 1,937.00 feet, a line radial to said 1,937.00 foot curve bears N 16'09'12" E, and a line radial to said 100.00 foot radius curve bears N 00O45'23'' W; thence easterly along said 1,937.00 foot curve through a central angle of O"52'18" an arc length of 29.47 feet to the TRUE POINT OF BEGINNING "C". DLW/se 268-01-1 (W)347.76 Page 2 of 2 &G&-vtG &mJF=Q rnF1 LOT G RED A&!!\ k4.a MAP NO, 323 Pfwelz,W-Zs WN = ImZp 0 o%G. EXUIWr'0' r an' OF CARL5EAD memmrnIW ASSOCIATLS ACQUI8ITIQH PLI STORM WIhl EPhEMEN Job No. Date: 41~1efl BY: 0.WL Sheet 1 CoNSuLTlNG ENUN€ERS A455 MURPHY CAMOly Ro4D, sum 100 SANDIEGOa9292M (619)576-m 0?9e7#WN?NEY&Lssoaun,!Nc POR m-r G I? e -P as MaJiW WN = .MAP bD, 823 IW.63 ct2 = 0.03s j+D ,AGtJk\ ,7LDlObD&!\ w\m ’e+ I C1W cic4PL”=.BAQ BemIy’v&,mw ASSOCI*IES ’ ACQUISITION PLAT fiOR~4 ~AIN WMEU C0”G EWNEEK 1uJ MuRpmcA” ROAD, wm 200 UNa€Go,CAm23 (619)57&rn (OW POUMNEY 6 AssooAM INC Job No. &6-01- I Dmto: q/+o/m By: D.wL Sh..tQOf ga-ts .’ 1 TRUE W\NT ff 0~\bh4rJbE kc'' LwmVIzF &#lpB3 hAAP N 0,823 avw7TT\ mag-m@w 14$~l*4c/ c+= = O.%& f cny~cpecbepo mewmmmmw ASSOCIA~ES ACQUISITION PL STORM WAiN EA5EMi COMuDlNG E"EERs au5MuRmY~ m, sum 200 SANMKiQCAmm rwq576-m Job No @WPOUNMM&ASSOQAmINC Dit.: q(&(w BY: 0. WPcK, 8-t < SCUI0Kb' 5FTHEN RECORDED, PLEASE MAIL THIS INSTRUMENT TO: CITY CLERK CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CA 92008 NO TRANSFER TAX DUE SPACE ABOVE FOR RECORDER'S U! m. m (b) That within said open space easement, the subject area will be left in' natural state for the protection of endemic biological resources, and no clearing or removal of any vegetation shall be permitted except hand brush clearing .for fire protection purposes by written order of the office of fire services coordinator within said open space easement, and except as for landscaping and the placement of drainage structures and associated rip-rap within said open space easement, without the written authorization of the City of Carlsbad or its successors or assigns. (c) That it shall not excavate or grade or permit any excavating or grading to be done or place or allow to be placed any sand, soil rock, gravel or other material whatsoever on the subject land without the written permission of the City of Carlsbad or its successors or assigns, provided, however, that the Grantor may excavate, grade or place sand, soil, rock or gavel or other material on the subject land as is permitted by written permission of the City of Carlsbad. (d) That the terms, covenants and conditions set forth herein may be specifically enforced or enjoined by proceedings in the Superior Court of the State of California. The grant of this easement and its acceptance by Grantee shall not authorize the public or any members thereof to use or enter upon any or any portion of the subject land, it being understood that the purpose of this easement is solely to restrict the uses to which the subject land may be put. This easement shall bind the Grantor and its successors and assigns. To have and to hold said easement and right-of-way unto itself and unto its successors and assigns forever with the right to convey said easement, or any portion of said easement, to other public agencies. The real property referred to hereinabove and made subject to said easement and right-of-way by this grant is situated in the City of Carlsbad, County of San Diego, State of California, and is particularly described as follows: See the attached legal description designated Exhibit "A", consisting of 2 sheets, and the attached Acquisition Plats, designated Exhibit "B", consisting of 1 sheet, each made a part hereof by reference. 0 I. 0 I ' There is reserved to the Grantor, his successors and assigns, the right privilege to use the above described land of the Grantor at any time, in manner and for any purpose not inconsistent with the full use and enjoyment by Grantee, its successors and assigns, of the rights and privileges herein grant Executed this day of Y 19-0 STATE OF )ss. County of 1 On , 19,, before me, the undersigned, a Notary Publi and for said County and State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence be the persons(s) whose narne(s) is/are subscribed to the within instrument acknowledged to me that he/she/they executed the same. Witness my hand and official seal. Notary Public in and for said County and State This is to certify that the interest in real property conveyed by the fore5 corporation grand deed to the City of Carlsbad, a municipal corporation is he accepted by the City Council of said City of Carlsbad, California pursuan Resolution No. adopted on , and the Gre consents to recordation thereof by its duly authorized officer. Dated BY ALETHA L. RAUTENKRANZ, City Clerk 385.26 w- w I EXHIBIT "A" Ass es so rs Pa rce 1 2 12 -040-2 5 That portion of that certain parcel of land shown and designated as "Description No. 3, 78.07 acres" on Record of Survey Map No. 5715, filed in the office of the County Recorder of San Diego County, December 19, 1960, being a portion of Lot "GI' of the Rancho Agua Hedionda, according to map thereof No. 823, filed in the office of the County Recorder of San Diego County, November 16, 1896, in the City of Carlsbad, County of San Diego, State of California, lying southerly of the centerline of Palomar Airport Road, as shown on County of San Diego Road Survey No. 1534, on file in the office of the County Surveyor of said County, being more particularly described as foll ows: Beginning at a point on the centerline of said Road Survey No. 1534, distance thereon 110.74 feet from the beginning of a tangent curve concave southwesterly and having a radius of 1,200.00 feet, said beginning of curve being designated Engineers' Station 99+10.74 on said Road Survey No. 1534; thence from said centerline point, in a straight line to the most northerly corner of that certain parcel of land shown and designated as "Description No. 5, 103.54 acres'' on said record of Survey Map No. 5715, S 7'54'57" W 71.59 feet to the TRUE POINT OF BEGINNING, said point being on a curve concave southerly and having a radius of 1,937.00 feet, a radial line to said point bears N 17'01'03" E; thence westerly along said curve through a central angl e of 05Y0'56" an arc length of 180.83 feet; thence tangent to said curve N 78'19'53'' W 1,226.05 feet to the easterly line of Parcel Map No. 2993 filed in the office of the County Recorder of said County, August 23, 1974; thence along said easterly line, S 14'10'59'' W (S 13'36'43" W per said Parcel Map No. 2993) 47.86 feet; thence N 84'00'00" E 19.89 feet; thence N 23'00'00" E 30.00 feet; thence S 78'00'00" E 243.00 feet; thence S 77'30'00" E 548.00 feet; thence S 80'00'00" E 198.00 feet; thence S 79'00'00" E 196.00 feet; thence S 81'00'00'' E 54.87 feet; thence S 31'30'00" E 35.64 feet; thence S 46'00'00" W 14.03 feet; thence South 20.00 feet; thence S 48'00'00" W 60.00 feet; thence S 68"OO'OO'' W 80.00 feet; thence DLWIse 268-01-4(W)385.27 Page 1 of 2 e .. 0 , 4 S 16"OO'OO" E 30.00 feet; thence S 82"OO'OO" E 122.00 feet; thence S 60'00'00" E 75.00 feet; thence S 74'00'00" E 31.99 feet to intersection with a 1 ine drawn from the TRUE POINT OF BEGINNING to the most northerly corner of said "Description No. 5" shown on said Record of Survey Map No. 5715; thence along said line N 7'54'57" E 197.72 feet to the TRUE POINT OF BEGINNING. DLWIse 268-01-4(W)385.27 Page 2 of 01:49 pH@ v .* Pr9;oct: 268-014 User I.D. number: 4 Pal Arpt Rd Uest O/S Easel ylts 6 E 0 A R E A Listing 1781 349503.6527 b80223.1837 1686 -5" 20' 56.00' L= 180.8300 I= 90.4307 347651.4634 674656.2940 1688 343348.4329 680048.0538 i64? 349795.403 618847.3417 1103 349749.3944 6?8535.6145 io38 349752.0740 6TEE55.3998 : $39 349779.6941 67E'i. 1217 N 17" 01' 03.00' E (RCID) 1937.0000 N 11" 40' 07.00' E (BAD) 1937.0000 N 78" 19' 53.00' W XZ6.05N s 14" 10' 55.90' M 41.8620 N 84" 00' 00.00' E 19.3943 N 2'3" 02' 00.00' E 30. 0000 S 78" 90' 00.00' E 243.0000 S 77" 30' 00.00' E 548. 0000 S 80" 00' 00.00' E 148. oooe 1040 349724.17i6 675104.81 16 1041 349610.5626 674634.8218 1042 349576.1803 679e34.8138 1043 349538 .X17 680O27.2127 1041 349530,1560 680081.4#82 1645 349499.8120 680130.028fi i 046 345430,0673 680984.4314 164; 349473 .&73 6gCr;$?, 9374 1048 349429.9195 tBG045.3492 10455 349393.9509 67997'1 .I745 349371.1131 679979.4436 1k-0 1051 349354.1340 680100.25G3 io52 349316.6340 680165.2082 i104 349307.8177 680195.9542 l78l 349503.6527 680223.1837 Area = 52173.266 sq.ft Perimeter = 3410.877 ft. S 79" 00' 00.00' E 196.r,0#0 S 81" 00' 00.00' E 54.871 1 S 31" 30' 00.00' E 35,6376 5 46" 00' 0Q.00' w i4mo S 0" 00' 00.00' E 2#.0000 s 48" 00" 00.00' w 6C. COO0 s 68" 00' 00.00' M BO. 0000 .. s 16" 00' OO.@$' E Sf. OGOd S 82" 00' 00.00' E 122.0000 S 60" 09' 00.00' E 75.0000 S 74" 00' 00.00' E 31.9850 N 7" 54' 57.00' E 197.7189 ? *\c - - 1.1977 mes IPiBmmwmmw ASSOCIATES CONSULTING ENGlNEERS A455 MURPHY CANYON ROAD, SUlE 200 SAN DIEGO, CA 92123 (679) 576-9200 91987 POUNINEY8 ASSOCIATES, INC ' CiTY OF CAPLGQAD ACQUISITION PLi Job No Date: 9/30/)37 By: 0 WAHL Sheet 1 OPEN SPACE EASEMENT x- , WHEN RECORDED, PLEASE MAIL THIS INSTRUMENT TO: CITY CLERK CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CA 92008 NO TRANSFER TAX DUE SPACE ABOVE FOR RECORDER'S US! w 0 The Grantor hereby further grants to the City of Carlsbad that privilege and right to L extend drainage structures and excavation and embankment slopes beyond the limits of there herein described right-of-way where required for the construction and maintenance of said City Highway. RESERVING unto grantor of the above described parcel of land, his successors or assigns, the right to eliminate such slopes and/or drainage structures or portions thereof, when in the written opinion of the City Engineer of Grantee, the necessity therefore is removed by substituting other protection, support and/or drainage facility, provided such substitution is first approved in writing by said Engineer(s). The Grantor hereby further grants to Grantee all trees, growths (growing or that may hereafter grow), and road building materials within said right-of-way, including the right to take water, together with the right to use the same in such manner and at such locations as said Grantee may deem proper, needful or necessary, in the construction, reconstruction, improvement or maintenance of said highway. The Grantor, for himself, his successors and assigns, hereby waives any claim for any and all damages to Grantor's remaining property contiguous to the right-of-way hereby conveyed by reason of the location, construction, landscaping or maintenance of said highway . Dated this day of 9 19-0 STATE OF )ss. County of 1 On , 19,, before me, the undersigned, a Notary Public in and for said County and State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons(s) whose name(s) is/are subscribed to the within instrument and - acknowledged to me that he/she/they executed the same. Witness my hand and official seal. Notary Public in and for said County and State This is to certify that the interest in real property conveyed by the foregoing easement to the City of Carlsbad, a municipal corporation is hereby accepted by the City Council of said City of Carlsbad, California pursuant to Resolution No. adopted on , and the Grantee consents to recordation thereof by its duly authorized officer. Dated BY ALETHA 1. RAUTENKRANZ, City Clerk A- 5 5 0 C I A 7 E 5 nwmmmmw c0"G ENGINEERS LassMuMcAMloNRaaD,urm200 sANolKjcxcA922123 /619j5769200 em7Foum€r&~ INC GhYOF=Wm ACQUISITiON CLI 11$211 E%kwtf Job No. Dmt.:q@~ /u BY: '9. HALL Sbet 1 w w LEGAL DESCRIPTION Assessors Parcel 212-040-26 All that portion of that certain parcel of land shown and designated as "Description No. 3, 78.07 acres'' on record of Survey Map No. 5715, filed in the office of the County Recorder of San Diego County, December 19, 1960, being a portion of Lot "G" of the Rancho Agua Hedionda, according to map thereof No. 823, filed in the office of the County Recorder of San Diego County, November 16, 1896, in the City of Carlsbad, County of . San Diego, State of California, lying southerly of the centerline of Palomar Airport Road, as shown on County of San Diego Road Survey No. 1534, on file in the office of the County Surveyor of said County, being more particularly described as foll ows : Beginning at a point on the centerline of said Road Survey No. 1534, distance thereon 110.74 feet from the beginning of a tangent curve concave southwesterly and having a radius of 1,200.00 feet, said beginning of curve being designated Engineers' Station 99t10.74 on said Road Survey No. 1534; thence from said centerline point, in a straight line toward the most northerly corner of that certain parcel of land shown and designated as "Description No. 5, 103.54 acres", on said record of Survey Map No. 5715, S 7O54'57" W 50.11 feet to the southerly right-of-way of said Road Survey No. 1534, said point being the TRUE POINT OF BEGINNING; thence along said southerly right-of-way S 78O19'53" E (S 78"20'53" E per Road Survey No. 1534) 107.46 feet to the beginning of a tangent curve concave southwesterly and having a radius of 1,150.00 feet; thence easterly along said curve through a central angle of 1'52'28'' an arc length of 37.62 feet to the westerly line of Carlsbad Tract No. 82-4, according to Map thereof No. 11358 on file in the office of the County Recorder of said County; thence along said westerly line, S 13'32'35" W (S 13"32'04" W per Map No. 11358) 39.52 feet; thence leaving said westerly line, N 68"44'20" W 0.17 feet to the beginning of a tangent curve concave southwesterly and having a radius of 1,937.00 feet; thence DLW /sk g 268-01-1(~).229.52 Paae 1 of 2 0 0 , westerly along said curve, through a central angle of 4'14'37" an arc length of 143.46 feet to the intersection with a line from the TRUE POINT OF BEGINNING to the most northerly corner of said "Description No. 5"; thence along said line N 7'54'57" E 21.48 feet to the TRUE POINT OF BEGINNING. Dq"- 3 -L' DLW/skg 368-flI -1 (w). 779 F7 THIS INSTRUMENT TO: CITY CLERK CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CA 92008 NO TRANSFER TAX DUE SPACE ABOVE FOR RECORDER'S USE 0 W 0 The Grantor hereby further grants to the City of Carlsbad that privilege and right -'to extend drainage structures and excavation and embankment slopes beyond the 1 imi ts bf there herein described right-of-way where requi red for the construction and maintenance of said City Highway. RESERVING unto grantor of the above described parcel of land, his successors or assigns, the right to eliminate such slopes and/or drainage structures or portions thereof, when in the written opinion of the City Engineer of Grantee, the necessity therefore is removed by substituting other protection, support and/or drainage facility, provided such substitution is first approved in writing by said Engineer(s). The Grantor hereby further grants to Grantee a11 trees, growths (growing or that may hereafter grow), and road building materials within said right-of-way, including the right to take water, together with the right to use the same in such manner and at such locations as said Grantee may deem proper, needful or necessary, in the construction, reconstruction, improvement or maintenance of said highway. The Grantor, for himself, his successors and assigns, hereby waives any claim for any and all damages to Grantor's remaining property contiguous to the right-of-way hereby conveyed by reason of the location, construction, landscaping or maintenance of said hi ghway . Dated this day of ¶ 19-m STATE OF )ss. County of ) On , 19,, before me, the undersigned, a Notary Pub1 ic in and for said County and State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same. Witness my hand and official seal. Notary Public in and for said County and State This is to certify that the interest in real property conveyed by the foregoing easement to the City of Carlsbad, a municipal corporation is hereby accepted by the City Council of said City of Carlsbad, California pursuant to Resolution No D adopted on , and the Grantee consents to recordation thereof by its duly authorized officer. Dated BY ALETHA L. RAUTENKRANZ, City Clerk 0 0 , LEGAL DESCRIPTION Assessors Parcel Nos. 211-040-08, -09 All that portion of Lot 'H' of the Rancho Agua Hedionda according to map thereof No. 823 filed in the office of the County Recorder of San Diego County November 16, 1896, in the City of Carlsbad, County of San Diego, State of California, being more particularly described as follows: Beginning at a point on the easterly line of said Lot 'HI, said point being at the point of intersection with the centerline of Road Survey No. 1534, filed in the office of the County Surveyor of said County, and shown on Record of Survey Map No. 5715 filed in the office of the County Recorder, December 19, 1960; thence along the easterly line of said Lot 'HI S 0'03'18" W (S 0'31'16'' E per Record of Survey Map No. 5715), 52.97 feet to a point on the southerly right-of-way of Road Survey No. 1534 on file in the office of the County Surveyor of said County; thence along said right-of-way S 70'46'53" W, 80.42' (S 70'45'53"W per R.S. No. 1534) to the TRUE POINT OF BEGINNING; thence leaving said southerly line S 69"43'15" W, 391.30 feet to the beginning of a tangent curve, concave northerly and having a radius of 2,313.00 feet; thence westerly along said curve through a central angle of 22'27'14'' an arc length of 906.45 feet; thence tangent to said curve N 87'49'31" W 1,134.49 feet to the beginning of a tangent curve concave southerly and having a radius of 2,187.00 feet; thence westerly along said curve through a central angle of 4"20'02" an arc length of 165.43 feet; thence tangent to said curve :S 87O50'27" W 109.17 feet to the beginning of a tangent curve, concave iiortherly and having a radius of 2,313.00 feet; thence westerly along said lcurve through a central angle of 4'20'54''. an arc length of 175.54 feet; thence tangent to said curve N 87'48'39'' W 24.15 feet to the northeast corner of Parcel 3 of Parcel Map No. 195 on file in the office of the County Recorder of said County recorded January 30, 1970; thence N 64'15'30'' E 72.60 feet to the southerly right-of-way of said Road Survey No. 1534; thence along said !southerly right-of-way S 87'49'31"E 1,605.96 feet to the beginning of a tangent curve, concave northerly and having a radius of 2,050.00 feet; thence I) lW/ s e .,TO nr ,I \ .I.-. c. easterly along said curve through a central angle of Zl"23'36" (Zl"23'39" per Road Survey No. 1534), an arc length of 765.44'; thence tangent to said curve N 70"46'53"E, 467.59 feet to the TRUE POINT OF BEGINNING. m- 0 Pa DLGl/se c)cc) ni i r..) ?A- CT . L - 1 de %+ *a '3 . c9 a\a APN 211-0+0-06 21 1 -o*o -m ' AREA TO 6C 4CQlJlKED SHOWN a m,c?3674f?*- a%&. hN 0 z aHI6lT *A' I cwQ= CPpLGmu bc,emmmmw ASSOCIA~~J ACW1SiTK)N PLAT CoNSuLllNc ENUNEEK -MURPHY WrON Rou), sum 200 sANKmEGo,cA42123 /619)576-m 6rn7POUNMM6,ASXKlAmINC Dato:41m/efl BY: D AWL Shoot I Of I Job No. - - WHEN RECORDED, PLEASE MAIL THIS INSTRUMENT TO: CITY CLERK CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CA 92008 NO TRANSFER TAX DUE SPACE ABOVE FOR RECORDER'S USE ONLY The Grantee shall @ ve the right to fence all or q ny portion of said easemen . herein conveyed within which there is installed or constructed an unenclosed fioo for operating, maintaining, and keeping in good repair the above described work The Grantor, his successors and assigns, reserves the right to enclose in a manne approved by the Grantee, its successors and assigns, any portion of an unenclose flood drainage channel provided such enclosure is constructed or installed by licensed contractor in accordance with plans and Specifications approved by and t the satisfaction of. the Grantee, its successors and assigns. in granting it approval , the Grantee, its successors and assigns, may impose reasonabl conditions, including, but not limited to, the filing by the contractor or Granto of an adequate performance bond to guarantee completion of the work. There is reserved to the Grantor, his successors and assigns, the right an privilege to use the above described land of the Grantor at any time, in an manner and for any purpose not inconsistent with the full use and enjoyment by th Grantee, its successors and assigns, of the rights and privileges herein granted. I drainage channel. The Grantee, it successors and assigns, shall be responsibl of improvement. .- - Executed this day of 9 19-0 !STATE OF )ss. County of 1 0 n , 19,, before me, the undersigned, a Notary Public ir and for said County and State, personally appeared iiersonally known to me (or proved to me on the basis of satisfactory evidence) tc lie the persons(s) whose name(s) is/are subscribed to the within instrument an( acknowledged to me that he/she/they executed the same. lditness my hand and official seal. Notary Public in and for said County and State This is to certify that the interest in real property conveyed by the foregoing easement to the City of Carlsbad, a municipal corporation is hereby accepted by the City Council of said City of Carlsbad, California pursuant to Resolution No. adopted on , and the Grantee consents tc recordati on thereof by its duly authorized officer. Dated BY ALETHA L. RAUTENKRANZ, City Clerk v 0 , EXHIBIT "A" LEGAL DESCRIPTION Assessors Parcel Nos. 211-040-08 All that portion of Lot 'HI of the Rancho Agua Hedionda according to map thereof No. 823 filed in the office of the County Recorder of San Diego County November 16, 1896, in the City of Carlsbad, County of San Diego, State of California, being more particularly described as follows: Beginning at a point on the southerly right-of-way of Road Survey No. 1534 on file in the office of the County Surveyor of said County, known as Palomar Airport Road, at Engineer's Station 43+46.41, B.C.; thence along said southerly right-of-way N 87'49'31" W (N 87'50'28" W per said R.S. 1534) 36.72 feet to the TRUE POINT OF BEGINNING "A"; thence leaving said southerly right-of-way, S 1'42'46" W 77.88 feet; thence N 88'12'14" W 20.00 feet, thence N 1'47'46" E 78.01 feet to said southerly right-of-way; thence along said southerly right-of-way, S 87'49'31" E 20.00 feet to the TRUE POINT OF BEG I NN I NG "A" . Together with the following described portion of said Lot "Hl': Beginning at a point on the southerly right-of-way of Road Survey No. 1534 filed in the office of the County Surveyor of said County, known as Palomar Airport Road, said point being at Engineer's Station 43+46.41, B.C. per said R.S. 1534, said point being at the end of a curve, concave northwesterly and having a radius of 2,050.00 feet; thence easterly along said southerly right-of-way and said curve through a central angle of 7°53'18" an arc length of 282.24 feet to the TRUE POINT OF BEGINNING "8"; thence leaving said curve S 13'44'00" E 60.73 feet; thence N 76'16'00" E 20.00 feet; thence N 13'44'00" W 58.01 feet to the southerly right-of-way of said Road Survey No. 1534, said point being on a non-tangent curve, concave northwesterly and DLWse 2 68-01-1 (w) 347.74 Page 1 of 3 0 0 . L having a radius of 2,050.00 feet, a radial line to said point bears S 06'16'38" E; thence westerly along said curve through a central angle of 0'33'49" an arc length of 20.16 feet to the TRUE POINT OF BEGINNING "B". Together with the following described portion of said Lot "H": Beginning at a point on the southerly right-of-way of Road Survey No. 1534 on file in the office of the County Surveyor of said County, known as Palomar Airport Road, at Engineer's Station 51+78.49 Ahd., E.C., said point being at the end of a curve concave northwesterly, and having a radius of 2,050.00 feet; thence westerly along said southerly right-of-way and said curve, through a central angle of 1O47'52" an arc length of 64.32 feet to the TRUE POINT OF BEGINNING "C"; thence leaving said curve, S 16'32'19" E 48.84 feet; thence S 73O27'41" W 20.00 feet; thence N 16'32'19" W 48.63 feet to the southerly right-of-way of said Road Survey No. 1534, said point being on a leurve concave northwesterly and having a radius of 2,050.00 feet, a radial line to said point bears S 16'51'43'' E; thence along said curve through a central angle of OO33'32" an arc length of 20.00 feet to the TRUE POINT OF I3 E G I NN I NG " C " . Together with the following described portion of said Lot "HI': I3eginning at a point on the southerly right-of-way of Road Survey No. 1534 on file in the office of the County Surveyor of said County, know as Palomar Airport Road, at Engineer's Station 51+78.49 Ahd., E.C.; thence along said southerly right-of-way N 70O46'53" E (N 70'45'53'' E per said R.S. 1534) 283.76 feet to the TRUE POINT OF BEGINNING "D"; thence leaving said southerly right-of-way, S 20'16'45" E 56.40 feet; thence N 69'43'15" E 20.00 feet, thence N 20'16'45" W 56.03 feet to said southerly right-of-way; thence along said southerly right-of-way, S 70O46'53" W 20.00 feet to the TRUE POINT OF (3 E G I N N I NG It D I' . 1) LW/ s e 268-01-1(~)347.74 Page 2 of 3 a . 1 Together with the following described portion of said Lot "H": Beginning at the northwesterly corner of Parcel "A" of Parcel Map No. 2993 on file in the office of the County Recorder of said County, recorded August 23, 1974, said point being on the southerly right-of-way of Road Survey No. 1534, on file in the office of the County Surveyor of said County, known as Palomar Airport Road; thence along said southerly right-of-way, S 70'46'53" W (S 70" 45' 53" W per said R.S. 1534) 34.75 feet to the TRUE POINT OF BEGINNING "E"; thence leaving said southerly right-of-way S 19"30'03" w 67.14 feet; thence N 70'29'57'' W 20.00 feet; thence N 19'30'03" E 51,11 feet to said southerly right-of-way; thence N 70'46'53" E 25.63 feet to the TRUE POINT OF BEGINNING "E". Together with the following described portion of said Lot Beginning at a point on the southerly right-of-way of Road Survey No. 1534 filed in the office of the County Surveyor of said County, known as Palomar Airport Road, said point being at Engineer's Station 43+46.41, 8.C. per said R.S, 1534, said point being at the end of a curve concave northwesterly and having a radius of 2,050.00 feet; thence along said southerly right-of-way N 87"49'13" W (N 87'50'28" W per said Road Survey No. 1534) 1,282.87 feet to the TRUE POINT OF BEGINNING "F"; thence leaving said southerly right-of-way S 0'23'17" E 205.61 feet to the beginning of a tangent curve concave easterly and having a radius of 88.00 feet; thence southerly along said curve through a central angle of 16"OO'OO" an arc length of 24.57 feet; thence tangent to said curve, S 16"23'17" E 145.95 feet; thence S 73'36'43" W 24.00 feet; thence N 16'23'17" W 145.95 feet to the beginning of a tangent curve, concave easterly and having a radius of 112.00 feet; thence northerly along said curve through a central angle of 16'00'00" an arc length of 31.28 feet; thence tangent to said curve N 0'23'17" W 206.68 feet to said southerly right-of-way of Palomar Airport Road; thence along said right-of-way, S 87'49'31" E 24.02 feet to the TRUE POINT OF BEGINNING 'IF". "H": DLW/se 268-01-1 (~)347.74 Paae 3 of 3 -WBlWm#W ASSOCfAT€S c0"G ENGiNEfE -MURPHY CA" Ro4D, UInE100 SANDm2cA92123 @l95769xx) WWPoUMNn&AssoauaItK cw ot=as?W6w ACQUISITION PLAT 5Ta k4b%M€UT Job No. 2b8- Data: 4/W/07 By: EWNL Sheot 1 Of 6 /-- I I I I I I ?am' rn 211-cr4o-os mwtx mRED Wld 'TTTT FA mu i-i lrs7.m e= 5 0.mAG FIl-10 AW!\ I-jEDlCl\DA\ Ib..W h]o, 323 HUIE3rT \b' I CW OF LAizL5eAD ACWSITHHI PLAT 4a2u n?AlAl aetWlErJ7 mlbmrnmmmw ' ASSOCIAIEJ c0"c €WN€ERS u55 Mulorwy CAN" RQU), sum 200 UNMKiCXCA92M pW)576-9100 O~~?OUU"EY&,ASSOQATESINC Dat.:q/%7/w By: E!tJpHL 8hootZOf 6 Shoots Job No. 28-oc- I * 1 z - La 64.32 ' S73.27 '41" W 20.00 ' R= WW.cK, L ~20.00 AReAToBE T bLs?UlReV 5Wte 474.37 Ft= * 0.ozbc rn UT f-1 RHO AaJA HEDUbDA 1\/1A" .NO. 323 PPN 21 I -O4O-O@ CLTq OC: CA$?SMD me@rnWm#P *SSOCIA~ES ACQUISITION PLAT 5Ta?kI *Id WEME* WUlblT 'et ~UlNG ENGINEEK dass MURPHY- Ro4D, sum 100 WMKiO,CA92M fqs76-m Job No. 266 L6wmumEYaAuoaAm/Nc Dat.: 9lSOb7 By: D. WAUL Shoot30f 6 7 0 1"*&' . / / 0c 4 L EXHIrT "6' memID'Iplbmw LLTY CF CAEZL5%AD ACQUISITION PLAT ASSOCJAIES c0"G €NGIN€ERS +TZX?M GEAN €A+EMENT *155 MURPHY CANYON m, sum 200 SNIXGQCAQZM (61gJs76-9200 Job No. 246*F/ ,81967 FoUrn€Y& ASSOOATES I* Iht0:9/'Jo/s7 by: D.WAHL Sh~t4 Of 6 SWt '.: ' lE411 e @. G3 t-4 w / i AE4 TO 0€ WIPEP mhJ A% \\82*46eZs 0.03 e. arC1-r CF Es5ihiUIhL ?m LOT 1-1 h!lAP No a23 PhA 29: 1 FOR PAFi.' RHO AGUA HEDIOblDA J- '1 wtHt6lf '€5' Clrl CF WeebJ7 ACQUISITION PLAT moemw5mw ASSOCIAT~S c0"G €mN€€K SURkl WIN -€MEN7 -MuRpHT~IK14o,sum100 WMKiacAQ2m @?9J5769200 Job No. &t! @m7#xIm€Y&AssocmsK Dat.:9/430/87 By: Rw 8-t Sot 6 ---- ~~ W IUS&?' I d I -I 01 01 I I 1 -I p'mR NRPORT -0 A. KOA0 am UGJ 1534 f?=a*7\ w 507-49'3i ' E . 24.0ZI ' &* [6°D0'00" R= 112.00' Ls 31-28' rnR rn G rW AW\ ~ILDIDJ\IDY!\ le h/IN No. 823 APN 21 1-04O-08 A- TO E-UlnED %+OWN E2 4120.45 fi* - 0.21 A6 W(HI0n- '0' I CITY OF cAKL4r3AD #elpmmmw AJSOCIAIlS ACQU188TION PLAT cjr0RM rnCIIFJ Eh4EUGEHT CtXJSUU'US EMN€fK 44s MUM CAN)" ROID, sum 200 uNmcA92n3 ~9J57asrloo om7 POUMNEY a AssaNEs INC Dit.: 9/30/07 By: 0. WML (IkOt6016 Shooto Job No. 260 - 0 I -L h .. I WHEN RECORDED, PLEASE MAIL THIS INSTRUMENT TO: CITY CLERK CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CA 92008 - NO TRANSFER TAX DUE SPACE ABOVE FOR RECORDER'S USE ONL 0 f .. EXHIBIT "A" Assessors Parcel Nos. 291-040-08, -09 All that portion of Lot 'Hi of the Rancho Agua Hedionda according to map thereof No. 823 filed in the office of the County Recorder of San Diego County November 16, 1896, in the City 'of Carlsbad, County of San Diego, State of California, being more particularly described as follows: Beginning at the northeast corner of Parcel 3 of Parcel Map No, 195 on file in the office of the County Recorder of said County, recorded January 30, 1970; thence along the northerly prolongation of the east line of said Parcel 3, N 02'10'50" E 34.11 feet to the southerly right-of-way of Road Survey No. 1534, 100 feet wide, filed in the office of the County Surveyor of said County; thence along said southerly right-of-way S 87"49'31" E 1,670.06 feet to the beginning of a tangent curve, concave northerly and having a radius of 2,050,OO feet; thence easterly along said curve through a central angle of 6'28'51", an arc length of 231.88 feet; thence leaving said curve, S 70'00'00" W 562.10 feet; thence N 89'13'00 W 550.00 feet; thence N 75'43'00" W 850.00 feet to the point of BEGINNING. DLW/skg 268-01-1(~).370.19 Page 1 of 1 CITY OF CARL58AQ ACQUISITION PLAT @@VB!5Wrnrnrj ASSOCIA~ES CONSULTlNG ENGINERS -lEMPQWp.l f7oprP cam?umadK 4455 MURPHY CANYON ROAD, SUm 200 SAN DIEGO, CA 92l23 (610) 576-9200 Job No. ?-LE 01987 POUNTNEY 8 ASSoclATE$fNC Date: ?/30/87 BY: o WAHL Sheet I Of I THIS INSTRUMENT TO: CITY CLERK CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CA 92008 NO TRANSFER TAX DUE SPACE ABOVE FOR RECORDER'S USE ( 0 The Grantor hereby further grants to the Ca’ty of Carlsbad that privilege and right‘to extend drainage structures and excavation and embankment slopes beyond the 1 imits ‘of there herein described right-of-way where required for the construction ana maintenance of said City Highway. RESERVING unto grantor of the above described parcel of land, his successors or assigns, the right to eliminate such slopes and/or drainage structures or portions thereof, when in the written opinion of the City Engineer of Grantee, the necessity therefore is removed by substituting other protection, support and/or drainage faCi1 ity, provided such substitution is first approved in writing by said Engineer(s). The Grantor hereby further grants to Grantee aJl trees, growths (growing or that may hereafter grow), and road building materials within said right-of-way, including the right to take water, together with the right to use the same in such manner and at such locations as said Grantee may deem proper, needful or necessary, in the construction, reconstruction, improvement or maintenance of said highway. The Grantor, for himself, his successors and assigns, hereby waives any claim for any and all damages to Grantor’s remaining property contiguous to the right-of-way hereby conveyed by reason of the location, construction, landscaping or maintenance of said hi ghway . Dated this day of Y 19-. STATE OF )ss. county of ) On , 19,, before me, the undersigned, a Notary Public in and for said County and State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same. Witness my hand and official seal. Notary Public in and for said County and State This is to certify that the interest in real property conveyed by the foregoing easement to the City of Carlsbad, a municipal corporation is hereby accepted by the City Council of said City of Carlsbad, California pursuant to Resolution No. adopted on , and the Grantee consents to recordation thereof by its duly authorized officer. Dated BY ALETHA L. RAUTENKRANZ, City Clerk m 0 EXH IB IT "A" LEGAL DESCRIPTION Assessors Parcel Nos. 211-021-18, -19 All that portion of Lot 'H' of the Rancho Agua Hedionda according to map thereof No. 823 filed in the office of the County Recorder of San Diego County November 16, 1896, in the City of Carlsbad, County of San Diego, State of California, being more particularly described as follows: Beginning at a point on the easterly line of said Lot 'HI, said point being at the point of intersection with the centerline of Road Survey No. 1534 filed in the office of the County Surveyor of said County and as shown on Record of Survey Map No. 5715 filed in the office of the County Recorder December 19, 1960; thence along the easterly line of said Lot 'HI, N 0'03'18" E (N 0°31'16" W per Record of Survey Map No. 5715), 52.97 feet to a point on the northerly right-of-way of Palmar Airport Road as shown on said Road Survey No. 1534, said point being the RUE POINT OF 8EGINNING; thence continuing ,along said easterly line N OO03'18'' E (N OO31'16" W per Record of Survey Map INO. 5715), 30.02 feet; thence leaving said easterly line S 69'43'15" W, 518.95 feet to the beginning of a tangent curve, concave northerly and having a radius of 2,187.00 feet; thence westerly along said curve through a central (angle of 22'27'14" an arc length of 857.07 feet; thence tangent to said curve IN 87O49'31" W, 1,134.49 feet to the beginning of a tangent curve, concave 4;outherly and having a radius of 2,313.00 feet; thence westerly along said curve through a central angle of 4'20'02" an arc length of 174.96 feet; thence tangent to said curve S 87O50'27" W 84.52 feet to a point of intersection with the northerly right-of-way of Palomar Airport Road as shown on said Road Survey No. 1534; thence along said northerly right-of-way S 87'49'31" E (S 87'48'39" E per Road Survey No. 1534), 1,455.48 feet to the beginning of a 1:angent curve concave northerly and having a radius of 1,950.00 feet; thence easterly along said curve through a central angle of 21'23'36'' an arc length of 728.10 feet; thence tangent to said curve N 70O46'53" E, 582.97 feet to the TRUE POINT OF BEGINNING. ULW/lcd 268-01-1 (w) .300.36 - sm' W'G$W 842' 447'4%~ psml4' L.174.40' h/J+\F NO 32-3 APN 2lt-02l-IB 21 I -021 - I9 4= Lpr'CI'w.t3 WHEN RECORDED, PLEASE MAIL THIS INSTRUMENT TO: CITY CLERK CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CA 92008 NO TRANSFER TAX DUE SPACE ABOVE FOR RECORDER'S USE 0 * The Grantee shall have the right to fence all or any portion of said easement * herein conveyed within which there is installed or constructed an unenclosed flood ’ drainage channel. The Grantee, it Successors and assigns, shall be responsible for operating, maintaining, and keeping in good repair the above described works of improvement. The Grantor, his successors and assigns, reserves the right to enclose in a manner approved by the Grantee, its sucCeSSOrS and assigns, any portion of an unenclosed flood drainage channel provided such enC’ToSure is constructed or installed by a licensed contractor in accordance with plans and specifications approved by and to the satisfaction of the Grantee, its SUCceSSorS and assigns. In granting its approval 2 the Grantee, its successors and assigns, may impose reasonable conditions, including, but not limited to, the filing by the contractor or Grantor of an adequate performance bond to guarantee completion of the work. There is reserved to the Grantor, his succe5sot-s and assigns, the right and privilege to use the above described land of the Grantor at any time, in any manner and for any purpose not inconsistent with the full use and enjoyment by the Grantee, its successors and assigns, of the rights and privileges herein granted. Executed this day of 9 19-0 - lss* STATE OF County of On , 19,, before me, the undersigned, a Notary Public in and for said County and State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same. Witness my hand and official seal. Notary Public in and for said County and State This is to certify that the interest in real property conveyed by the foregoing easement to the City of Carlsbad, a municipal corporation is hereby accepted by the City Council of said City of Carlsbad, California pursuant to Resolution No. adopted on , and the Grantee consents to recordation thereof by its duly authorized officer. Dated BY ALETHA L. RAUTENKRANZ, City Clerk e L ?I EXHIBIT "A" LEGAL DESCRIPTION Assessors Parcel No. 211-021-19 All that portion of Lot 'H' of the Rancho Agua Hedionda according to map thereof No. 823 filed in the office of the County Recorder of San Diego County November 16, 1896, in the City of Catlsbad, County of San Diego, State of. California, being more particularly described as follows: Beginning at a point on the northerly right-of-way of Road Survey No. 1534 on file in the office of the County Surveyor of said County, known as Palomar Airport Road, at Engineer's Station 43t46.41 B.C. ; thence along said northerly right-of-way, N 87O49'31" W (N 87'50'28" W per said R.S. 1534), 37.38 feet to the TRUE POINT OF 6EGINNING"A"; thence leaving said northerly right-of-way, N 1O47'46" E, 82.62 feet; thence N 88O12'14" W, 20.00'; thence S 1'47'46" W, 82.48 feet to said northerly right-of-way; thence along said northerly right-of-way, S 87O49'31" E, 20.00 feet to the TRUE POINT OF BEGINNING "A". Together with the following described portion of said Lot 'IH": Beginning at a point on the northerly right-of-way of Road Survey No. 1534 filed in the office of the County Surveyor of said County, known as Palomar ,Airport Road, said point being at Engineer's Station 43+46.41, B.C. as shown on said R.S. 1534, said station being at the end of a curve, concave northerly and having a radius of 1,950.00 feet; thence easterly along said northerly right-of-way and said curve through a central angle of 7'28'26" an arc length of 254.37 feet to the TRUE POINT OF BEGINNING "B"; thence leaving said curve N 13'44'00" W, 63.23 feet; thence N 76'16'00" E, 20.00 feet; thence '5 13'44'00" E, 66.09 feet to the northerly right-of-way of said Road Survey - - -- I) LW / s e ?reo ni it \-AT 9- 0 W , No. 1534; said point being on a non-tangent curve, concave northerly and having a radius of 1,950.00 feet, a radial line to said point bears S 05°53'34't E; thence westerly along said curve through a central angle of 0'35'37" arc length of 20.20 feet to the TRUE POINT OF BEGINNING "B". Together with the following described portion of said Lot "H": Beginning at a point on the northerly right-of-way of said Road Survey No. 1534 on file in the office of the County Surveyor of said County, known as Palmar Airport Road, at Engineer's Station 51+78.49 Ahd., E.C., said point being at the end of a curve, concave northerly, and having a radius of 1,950.00 feet, a radial line to said point bears S 19"13'07" E; thence westerly along said northerly right-of-way and said curve, through a central angle of 1°56'27" on arc length of 66.05 feet to the TRUE POINT OF BEGINNING "C"; thence leaving said curve, N 21"OO'OO" E, 75.62 feet; thence N 69°00'00" W, 20.00 feet; thence S 21"OO'OQ'' W, 91.19 feet to the northerly right-of-way of said Road Survey No. 1534, said point being on a curve, concave northerly and having a radius of 1,950.00 feet, a radial line to said point bears S 16'31'59'' E; thence easterly along said curve through a central angle of OO44'41" an arc length of 25.35 feet to the TRUE POINT OF BEGINNING "C a# . Together with the following described portion of said Lot "H": Beginning at a point on the northerly right-of-way of Road Survey No. 1534 on file in the office of the County Surveyor of said County, known as Palomar Airport Road, at Engineer's Station 51+78.49 Ahd., E.C.; thence along said northerly right-of-way N 70'46'53'' E (N 7OO45'53'' E per said R.S. 1534), 282.51 feet to the TRUE POINT OF BEGINNING "0"; thence leaving said northerly right-of-way, N 20O16'45" W, 67.59 feet; thence N 69'43'15'' E, 20.00 feet, thence S 20°16'45" E, 67.96 feet to said northerly right-of-way; thence along said northerly right-of-way, S 70O46'53" W, 20.00 feet to the TRUE POINT OF BEGINNING "D". DLW/se AL.. -- - # .- .- -- e Together with the following described portion of said Lot "H": Beginning at a point on the northerly right-of-way of Road Survey No. 1534 on file in the office of the County Surveyor of said County, known as Palomar . Airport Road, at Engineer's Station 43+46.41, 6.C.; thence along said northerly right-of-way N 87'49'31'' W (N 87°50'28" W per said R.S. 1534), 418.16 feet to the TRUE POINT OF BEGINNING "E"; thence leaving said northerly right-of-way, N 18*30'00" E, 92.37 feet; thence N 71'30'00" W, 20.00 feet; thence S 18"30'00" W, 98.40 feet to said northerly right-way; thence along said northerly right-of-way, S 87'49'31" E, 20.84 feet to the TRUE POINT OF BEG I NN I NG I' E". Together with with following described portion of said Lot "H": BEGINNING at a point on the easterly line of said Lot "H" at its intersection with the northerly right-of-way of Road Survey No. 1534 on file in the office of the County Surveyor of said County, know as Palomar Airport Road; thence along said northerly right-of-way S 70'46'53" W (S 70'45'53" W per said Road Survey 1534), 15.17 feet; thence leaving said northerly right-of-way, N 19'30'03" E, 43.01 feet to the easterly line of said Lot "H"; thence along said easterly line, S 0'03'18" W (S O"02'02" W per said Road Survey 1534), 35.55 feet to the point of BEGINNING. DLW/se 3651-ni-1 iwi?47 7s; Dona 2 nF 'z ~~ W I 1's 6' 0 ?OF3 LOT 1-1 / RHO AWA I-JEDJOblDA hA A ? .iiJ 0, 3 2 3 APFJ 21 1-021- I4 -7' NkY rt/wq -- L - 8 T#UE WlNT -- I I I +&MAE+- Us7-4?'31" 1 A (rJsl'W'Z$'w ' 'L. E.&. 1524 mBw) - Q I -- - - .- --- APEA TO BEACQUIIZEP SHOWN ea WL OefP 0.09u. L EW1817 ' 0' CiTY OF -5eaU7 *akz =At4 WM€dT memmwmmw ASSOCIA~ES ACQUISITION PLAT -U7FJG €NGIN€ERS -MURPHY CANION m, UIt7E100 sANo1Kjo,c492123 /619)5769300 9m7mMNff 6 AGocWEs INC Data:q/w/m By: tZl&HL 8)N.t t Of 6 Shaatr Job No. 268-01- 1 -8WWm#W ASSOCIA~~S Coh6ULTlNG ENGiNEEK - MuRpnrcA" Row, sum 200 SANmCA92m (61QJ576-9100 (DWKXIHMEYI ASXXIATES INC CITY OF - ACWISlTlON PLAT 0.b: 9/301e;l By: D.WAHL shwt20t 4 -M -AIM EA*ME~JT Job No. z& 1% 40' MAP ND. a23 .a 'I m m m-r H rlH0 h"G!JA HEDJQNDA APN 211-021-19 I AREA TO BE ACQUIPED SHOWN y//1 lkLaB-60Wm ad+i\L. EXHIBIT '8' Crw cFcwZLe7eAo I ACOWIWTlON PLAT memrnWrn8W ASSOCIA~ES cD"G EMNE€RS 4455 MultpwT CA" R040, sum 200 uNolKicxcA92323 pKj576-9200 oIpoK;wJmEr&~ 1% Data S/30/87 my: D. WAHL 8hot 3 01 6 8Reota *ocY wrd mbA€hfT J& m. 268-OI- f memmwmmt- ASSOCIATfS CoNSuDlNG ENcirNEEK 44ssMuM CANm m, sum200 UNMEGO,CA92l23 (Slqn6-9aJo 679WPOUNMM6ASSOOATEfINC CITY OF CAULS€%D aORM DRAIN EASZMENT ACQUISITION PLAT Job No. = 08to: 9/30/$7 By: RWAHL 8ht 4 Of G APN 211-OZl-19 AFZEA TO BE KZWIrpED EXHIBIT '8' coNUllJlNGE~€EK aus MURPHYCAMON w, urmm sANoYGQcA92123 iblgs76-m Job No. 260 -01 e I ~@'487POU"EY&AssoaA;mK I Data 9/30/07 my: D WAUL 8h.d 5 of 6 8hOOt6 J * 0 r= 4d \ d I r3-r H MA? N6.323 2l-D I- AGUA rk IP DDNDA m 211-M1- 19 S 0.03' \8"W 35.35' (N0.02'UfE PER PS. 1534. N\(I'JO'03'E 43.01' AKEA TO @E ACQUlWP Zt54.Cil Ce = 6.- CIC. GMOWN m EXHlblT '13' GUY SCARL+B~D - I meammmmw ASSOCIATLS ACoulSlTlOW PLAT STORM WICJ 6A5EMErslT COMuLnNG ErnEUs 1uswRmYcA"#)19,uImMo uNoIKio,cA92m p?q57&ozOo 8~~mEY&ssocwEsIK. Job No.26t Data: 9/30/07 By: 0.WAHL 8-t 6 Of I WHEN RECORDED, PLEASE MAIL THIS INSTRWENT TO: CITY CLERK CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CA 92008 .-. NO TRANSFER TAX DUE SPACE ABOVE FOR RECORDER'S USE ON1 W a (b) That within said open space easement, the subject area will be left in natural state for the protection of endemic biological resources, and no clearing or removal of any vegetation shall be permitted except hand brush clearing for fire protection purposes by written order of the office of fire services coordinator within said open space easement, and except as for landscaping and the placement of drainage structures and associated rip-rap within said open space easement, without the written authorization of the City of Carlsbad or its successors or assigns. (c) That it sha71 not excavate or grade or permit any excavating or grading to be done or place or allow to be placed any sand, soil rock, gravel or other material whatsoever on the subject land without the written permission of the City of Carlsbad or its successors or assigns, provided, however, that the Grantor may excavate, grade or place sand, soil, rock or gavel or other material on the subject land as is permitted by written permission of the City of Carlsbad. (d) That the terms, covenants and conditions set forth herein may be specifically enforced or enjoined by proceedings in the Superior Court of the State of California. The grant of this easement and its acceptance by Grantee shall not authorize the public or any members thereof to use or enter upon any or any portion of the subject land, it being understood that the purpose of this easement is solely to restrict the uses to which the subject land may be put. This easement shall bind the Grantor and its successors and assigns. To have and to hold said easement and right-of-way unto itself and unto its successors and assigns forever with the right to convey said easement, or any portion of said easement, to other public agencies. The real property referred to hereinabove and made subject to said easement and right-of-way by this grant is situated in the City of Carlsbad, County of San Diego, State of California, and is particularly described as follows: See the attached legal description designated Exhibit "A", consisting of 1 sheet, and the attached Acquisition Plats, designated Exhibit "B", consisting of 1 sheet, each made a part hereof by reference. * e e 8 ’ There is reserved to the Grantor, his successors and assigns, the right ar privilege to use the above described land of the Grantor at any time, in ar manner and for any purpose not inconsistent with the full use and enjoyment by tl Grantee, its successors and assigns, of the rights and privileges herein granted4 Executed this day of s 19-* .-. lss STATE OF County of On , 19,, before me, the undersigned, a Notary Public i and for said County and State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) t be the persons(s) whose name(s) is/are subscribed to the within instrument an acknowledged to me that he/she/they executed the same. Witness my hand and official seal. Notary Public in and for said County and State This is to certify that the interest in real property conveyed by the foregoin1 corporation grand deed to the City of Carlsbad, a municipal corporation is hereb: accepted by the City Council of said City of Carlsbad, California pursuant tc Resol uti on No. adopted on , and the Grantec consents to recordation thereof by its duly authorized officer. Dated BY ALETHA t. RAUTENKRANZ, City Clerk 4. 385.18 W 0 I EXHIBIT "A" Assessors Parcel Nos. 211-040-08 AI 1 that portion of Lot .-. "H" of the Rancho Jgua Hedionda according to map thereof No. 823 filed in the office of the County Recorder of San Diego County November 16, 1896, in the City of Carlsbad, County of San Diego, State of California, being more particularly described as follows: Beginning at a point on the easterly line of said Lot 'H' , said point being at the point of intersection with the centerline of Road Survey No. 1534, filed in the office of the County Surveyor of said County, and shown on Record of Survey Map No. 5715 filed in the office of the County Recorder, December 19, 1960; thence along the easterly line of said Lot 'H' S 0'03'18" W (S 0'31'16" E per Record of Survey Map No. 5715) 51.38 feet to the TRUE POINT OF BEGINNING; thence leaving said easterly line S 69'43'15" W, 472.26 feet to the beginning of a tangent curve, concave northerly and having a radius of 2,313.00 feet; thence westerly along said curve through a central angle of 22'27'14" an arc length of 906.45 feet; thence tangent to said curve N 87'49'31" W 381.95 feet; thence S 45'00'00" W 192.51 feet; thence S 87'00'00" E 126.00 feet; thence S 68'45'00" E 142.00 feet; thence N 64'00'00" E 111.00 feet; thence N 71'00'00" E 104.00 feet; thence N 55'00'00" E 76.00 feet; thence N 73'00'00" E 33.00 feet; thence East 100.00 feet; thence N 63'00'00" E 50.00 feet; thence S 82'00'00" E 110.00 feet; thence N 32'00'00" E 53.84 feet; thence S 47'00'00" W 43.62 feet; thence N 79'00'00" E 300.00 feet; thence N 76'00'00" E 134.00 feet; thence N 70'00'00'' E 242.00 feet; thence N 72'00'00'' E 107.00 feet; thence N 63'00'00" E 123.00 feet; thence N 70'00'00" E 47.00 feet; thence East 60.00 feet; thence N 63'QQ'OO" E 21.05 feet; to the easterly line of said Lot "H"; thence along said easterly line N 00'03'18" E (N OO"31'16" W per said Record of Survey No. 5715) 39.05 feet to the TRUE POINT OF BEGINNING. DLW/se 2 68-01-4 ( W) 385.19 - .- 0 e * ’AM NORML END OF HEC-1 tAA .e. 6 Pountney 8 Asscciates 11 -ilay-88 Project: 268-014 oi:~ rn Pal Arpt Rd Uest O/S Easewnylts User 1.D. number: 4 rj E 0 A W E A Listin9 1651 349451,0168 b7630O.2260 349287.3340 675857,2390 1806 S 69” 43‘ 15.00’ U 492.2600 > n;r . . 4r A?-* T PAC \ --,n -*A,% S 2" 10' 29.00' U WD) 2313.0000 * 1807 349145.6237 674967.7944 1100 349160.1220 674586.1230 1001 349024.0000 674450 .OOOO 1002 349017.4057 674575.8273 1003 348965.9395 674708.1724 1004 349014.5987 674807.9386 N 87" 49' 31.22' U 381.9475 s 4s" 00' 00.00' Y 192 .SO56 S 87" 00' 00.00' E 126.0000 S 68" 45' 00.00' E 142,0000 N 64" 00' 00.00' E 111.0000 N 71" 00' 00.00' E . 1~.0000 N 55" 00' 00.00' E 76.0000 N 73" 00' 00.00' E 33.0000 N 90" 00' 00.00' E 1#0.0000 N 63" 00' 00.009 E 50.0000 S 82" 00' 00.00' E 110 * 0000 a 1005 34904a.m 674906.2725 1006 349092.0496 674968.5281 1007 349101.6978 675000.0861 1008 349101.6978 675100.0861 1009 349124.3974 675144.6364 1010 344109.0883 675253.563 1011 349154.7491 675282.0980 1012 349125.0000 675314.0000 1013 349182.2427 675608.4882 1014 349324.6602 675738.5078 1015 349297.4291 675965.9134 1016 349330.4939 676067.6764 1017 349386.3348 676117.2702 1018 349402.4097 676221.4358 N 32" 00' 00.00' E 53. a422 S 47" 00" 00.00' E 43.6205 N 79" 00' 00.00' E 300.0000 N 76" 00' 00.00' E 134.0000 N 70" 00' 00.00' E 1?42.0000 N 72" 00' 00.00' E 1O7.0000 N 63" 00' 00.00' E 223.0000 N 70" 00' 00.00' E 47.0000 N 90" 39' 00.00' E 60,0000 N 63" 00' 00.00' E 21 s 0466 H OH 03' ia.00' E 39.0521 1019 349402.4097 67~281.4358 1101 349411.9647 676300.1885 1651 349451 .OK0 676300.2260 Area = 103415.294 aq.ft Periaeter = 3973.726 ft. - - 2.3741 acres * ., 1) \ FLY ulQ LOT *HH ‘I 0 - PAUCELMAP NO. 023 APN 211-040-08 MEA TU BE ACQUIRED SHOWN fm ?03,415 S.F. = !2,374 ACRG Crr( OF GARLLj0AO ACQUISITION PLAT aa@auwmmw ASSOCIA~~S CONSUulMj ENGWEK OPEN SPACE EASEMENT ddSSMURPHY CA” Ro4D. WI7E 200 SAN DIEGO, C4 92323 (61q 576-m 01987POUMNM&~IK Job No. 2358- Date: 5/G& BY: 0. WAHL Sheet I Of I Z - 1 WHEN RECORDED, PLEASE MAIL THIS INSTRUMENT TO: CITY CLERK CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CA 92008 NO TRANSFER TAX DUE SPACE ABOVE FOR RECORDER'S USE ON1 W The Grantor hereby further grants to the City of Carlsbad that privilege and right to extend drainage structures and excavation and embankment sl opes beyond the 1 imi ts of there herein described right-of-way where required for the construction and maintenance of said City Highway. RESERVING unto grantor of the above described parcel of land, his successors or assigns, the right to eliminate such slopes and/or drainage structures or portions thereof, when in the written opinion of the City Engineer of Grantee, the necessity therefore is removed by substituting other protection, support and/or drainage facility, provided such substitution is first approved in writing by said Engineer(s). The Grantor hereby further grants to Grantee all trees, growths (growing or that may hereafter grow), and road building materials within said right-of-way, including the right to take water, together with the right to use the same in such manner and at such locations as said Grantee may deem proper, needful or necessary, in the construction, reconstruction, improvement or maintenance of said highway, The Grantor, for himself, his successors and assigns, hereby waives any claim for any and a1 1 damages to Grantor’s remaining property contiguous to the right-of-way hereby conveyed by reason of the location, construction, landscaping or maintenance of said highway . Dated this day of 9 19-0 STATE OF >ss. county of 1 On , 19,, before me, the undersigned, a Notary Public in and for said County and State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same. Witness my hbnd and official seal. Notary Public i’n and for said County and State This is to certify that the interest in real property conveyed by the foregoing easement to the City of Carlsbad, a municipal corporation is hereby accepted by the City Council of said City of Carlsbad, California pursuant to Resolution No. adopted on ’ , and the Grantee consents to recordation thereof by its duly authorized officer. Dated BY ALETHA L. RAUTENKRANZ, City Clerk a .- 0 EXHIBIT "A" LEGAL DESCRIPTION Assessors Parcel No. 212-040-38 All that portion of Parcel "D", of Parcel Map No. 2993, filed in the office of the County Recorder of San Diego County, August 23, 1974, in the City of Carlsbad, County of San Diego, State of California, being more particularly described as f ol 1 ows: BEGINNING at the northeasterly corner of said Parcel "D", thence along the southeasterly line of said Parcel "D", S 14'10'59" W (S 13'36'43" W per Parcel Map No. 2993) 13.01 feet; thence leaving said southeasterly line N 78'19'53" W 99.73 feet to the beginning of a tangent curve concave southwesterly and having a radius of 2,237.00 feet; thence westerly along said curve through a central angle of 2'40'07'' an arc length of 104.19 feet; thence tangent to said curve N 81'00'00" W 281.45 feet to the beginning of a tangent curve concave southeasterly having a radius of 25.00 feet; thence along said curve through a central angle of 87"19'53" an arc length of 38.11 feet; thence tangent, S 11"40'07" E 30.56 feet; thence N 78'19'53" W 102.00 feet; thence N 11'40'07" E 10.00 feet to the beginning of a tangent curve concave southwesterly having a radius of 25.00 feet; thence northwesterly along said curve through a central angle of 94"46'51" an arc length of 41.36 feet to a point of compound curvature with a curve concave southerly and having a radius of 2,175.00 feet; thence westerly along said 2,175.00 foot curve through a central angle of 1'06'44" an arc length of 42.22 feet to a point of intersection with the southwesterly line of said Parcel "D", a radial line to said point bears N 5'46'32" E; thence along said southwesterly line N 28'21'23" W (N 28'55'39" W per Parcel Map No. 2993) 59.73 feet to the northwesterly corner of said Parcel "Dl', said northwesterly corner being a point on the southerly right-of-way of Road Survey No. 1534, on file in the office of the County Surveyor of said County, said point being on a D LW/ 1 cd 268-01-1(~) .300.23 Page 1 of 2 w .. w , non-tangent curve concave southerly and having a radius of 1,450.00 feet, a radial line to said point bears N 5'54'10" E (S 5'54'27" W per Parcel Map No. 2993); thence easterly along said non-tangent curve and the northerly line of said Parcel I'D" through a central angle of 5'45'57" an arc length of 145.92 feet; thence tangent to said curve S 78Ol9'53'' E 573.30 feet (S 78'54'09" E per Parcel Map No. 2993), to the point of BEGINNING. DLWI 1 cd 268-01-1 ( W) .300.23 Page 2 of 2 ;w,~ .- 0 A LWI I 41 icy a m'3vLi.j cr> Project: 268-014 Pal Arpt Rd West O/S Easeaenylts c Vier 1.1. number: 4 G E 0 A R E A Listing 1643 349449.4247 676300.2244 1101 349411.9647 676300.1885 1020 345442.3609 676359.8444 1021 349642.8277 676ti82.0784 S 0" 03' 18.00' W 37,4600 N 63" 00' 00.00' E 66.9534 N 69" 00' 00.00' E 559,3884 ti 9" 13' 07.00' W 22.156"1 s 69" 43' 15.00' u 616.5177 S 0" 03' 18.00' U 1.5921 1998 349664.638: uwa.52~1 1651 344451.0168 676300,2266 lh43 349449.4247 676300.2249 Area = 16103.428 sq.fi Periseier = 1304.065 ft,. - - 0.3697 acres . .. .. B@@rnWrnrnW AsSOClArtS CONSULTING ENGINEERS 4455 MURPHY CANYON ROAD, SUITE 200 07987 POUMNEY 8 ASSOC/NES, INC SAN DIEGO, CA 92723 (619) 576-9200 ' Clly UFGAP\LCjBA[3 ACQUlSlTION PLAT OPEN SPACE EASEMENT Job No. 268-01-1 Date: 9/3a/& By: B WAHL Sheet 1 Of 1 Sheet: 0 Escrow ,No. Loan No. L I WHEN RECORDED MAIL TO: - e SPACE ABOVE THIS LINE FOR RECORDER'S USE w W 5 is to certify that the interest in real property conveyed by the foregoing , loration grand deed to the City of Carlsbad, a municipal corporation is hereby epted by the City Council of said City of Carlsbad, California pursuant to ilution No. adopted on , and the Grantee ;ents to recordation thereof by its duly authorized officer. I ?d BY ALETHA L. RAUTENKRANZ, City Clerk I a WHEN RECORDED, PLEASE MAIL THIS INSTRUMENT TO: CITY CLERK CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CA 92008 NO TRANSFER TAX DUE SPACE ABOVE FOR RECORDER'S USE ONL' w e The Grantor hereby further grants to the City Of Carlsbad that privilege and right to -' extend drainage structures and excavation and embankment slopes beyond the limits of I there herein described right-of-way where required for the construction and maintenance of said City Highway. RESERVING unto grantor of the above described parcel of land, his successors or assigns, the right to eliminate such slopes and/or drainage structures or portions thereof, when in the written opinion of the City Engineer of Grantee, the necessity therefore is removed by substituting other protection, support and/or drainage facility, provided such substitution is first approved in writing by said Engineer(s). The Grantor hereby further grants to Grantee all trees, growths (growing or that may hereafter grow), and road building materials within said right-of-way, including the right to take water, together with the right to use the same in such manner and at such locations as said Grantee may deem proper, needful or necessary, in the construction, reconstruction, improvement or maintenance of said highway. The Grantor, for himself, his successors and assigns, hereby waives any claim for any and a1 1 damages to Grantor's remaining property cont i guous to the right -of -way hereby conveyed by reason of the 1 ocat ion, construction, 1 andscapi ng or maintenance of said highway . Dated this day of s 19-* STATE OF )ss . County of 1 On , 19,, before me, the undersigned, a Notary Public in and for said County and State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that helshelthey executed the same. Witness my hand and official seal . Notary Public in and for said County and State This is to certify that the interest in real property conveyed by the foregoing easement to the City of Carlsbad, a municipal corporation is hereby accepted by the City Council of said City of Carlsbad, California pursuant to Resolution No. adopted on , and the Grantee consents to recordation thereof by its duly authorized officer. ALETHA L. RAUTENKRANZ, City Clerk Dated BY .* 0 L L EXHIBIT "A" Assessors Parcel 212-041-03 All that portion of that certain parcel of land designated as "Description No. 3, 78.04 acres'' as shown and delineated on Record of Survey Map No. 5715, filed in the office of the County Recorder of the County of San Diego, on December 19, 1960, being a portion of Lot "G" of the Rancho Agua Hedionda, according to Map thereof No. 823, filed in the office of the County Recorder of said San Diego County, November 16, 1896, in the City of Carlsbad, County of San Diego, State of California, being more particularly described as foll ows: Beg.inning at the most southwesterly corner of said Description No. 3, said point being on a 1,500.00 foot radius curve concave southerly, said point being on the centerline of the 100 foot wide right-of-way, known as Palomar Airport Road, according to Road Survey No. 1534, on file in the office of the County Surveyor of said County, a radial line to said point bears N 7"20'37" E; thence easterly along said curve, and along said centerline, thrlough a central angle of 4'19'30, an arc length of 113.23 feet to the end of said curve, said point being shown on said Road Survey No. 1534, as Engineer's Station 78+25.34 EC; thence continuing along said centerline S 78'19'53" E (S 78'20'53" E per Road Survey No. 1534) 382.97 feet, to the most southeasterly corner of land described in deed to the Epoh Investment Club, recorded November 15, 1961, as file No. 197951, O.R.; thence leaving said centerline, along the easterly line of said deed, N 3'33'23" E (N 2"36' E per recorded deed) 50.50 feet to the TRUE POINT OF BEGINNING, said point being on the northerly right-of-way of said Road Survey No. 1534; thence along said northerly right-of-way line N 78'19'53" W (N 78'20'53" W per Road Survey No. 1539), 286.97 feet to the beginning of a tangent curve concave northeasterly, and having a radius of 25.00 feet, said point being the most southeasterly corner of the right-of-way known as College Boulevard, granted to the City of Carlsbad in deed recorded July 3, 1985, as F/P 85-239994, O.R.; thence along said curve through a central angle of 90'00'00" an arc length of 39.27 feet; thence tangent to said curve, N 11'40'07" E (N 11'39'04" E per said DLWIskg 268-01-1 ( W) ,229.48 Page I of 2 m. w > * right-of-way deed), 10.17 feet; thence leaving said right-of-way S 78'19'20'' E 10.00 feet to the beginning of a non-tangent curve concave northeasterly and having a radius of 25.00 feet, a radial line to said point bears N 78'19'53" W; thence southeasterly along said curve through a central angle of 92'40'07" an arc length of 40.43 feet; thence tangent to said curve S 81"OO'OO" E, 120.54 feet to the beginning of a tangent curve concave southwesterly, having a radius of 40.00 feet; thence southeasterly along said curve through a central angle of 31'47'18", an arc length of 22.19 feet to a point of reverse curvature with a curve concave northeasterly and having a radius of 40.00 feet; thence southeasterly along said reversing curve through a central angle of 31'47'18", an arc length of 22.19 feet; thence tangent to said curve S 81'00'00" E, 100.00 feet to the beginning of a tangent curve concave southerly and having a radius of 2,363.00 feet; thence easterly along said 'curve through a central angle of 0'16'28" an arc length 11.31 feet to the intersection with the easterly line of said deed to the Epoh Investment Club; thence along said easterly line S 3"33'23" W, (S 2'36' W per said deed), 11.05 feet to the TRUE POINT OF BEGINNING. DLW/skg 268-01-1 ( W) .229.48 Page 2 of 2 1 L- AREA ro BE ACQUIRED 5uow -TTiTvi Y7r0.zzW = 0.08 L qqO"@' 12 =LW& L=rn.H ' 5~1'00 '00 "E LOO.00' 9 -- Ui-IE4= w? mIeEQ I TOWZ \w W4 l5,14ci.I F 4a'e'M"L.J 11.53' 44'5t2'LJ psz -1 mM, w w. 19745l 0. H+8*14q'G 59.57' (N&?&'€Z WV -1 APN 212 -O4l-O3 ACQUISITION PLAT w CI I Dh- " D'I CONSULTING ENGINEERS 6455 MURPHY CANYON ROAD, SUITE 200 SAN DIEGO, CA 92123 (619) 576-9200 ...__- WHE:N RECORDED, PLEASE MAIL THIS INSTRUMENT TO: CITY CLERK CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CA 92008 - NO TRANSFER TAX DUE SPACE ABOVE FOR RECORDER'S USE ONL' w 0 The Grantee shall have the right to fence all Or any portion of said easement J herein conveyed within which there is installed Or constructed an unenclosed flood drainage channel . The Grantee, it SUCCeSsorS and assigns, shall be responsible for operating, maintaining, and keeping in good repair the above described works of improvement. The Grantor, his successors and assigns, reserves the right to enclose in a manner approved by the Grantee, its successors and assigns, any portion of an unenclosed flood drainage channel provided such enclosure is constructed or installed by a licensed contractor in accordance with plans and specifications approved by and to the satisfaction of the Grantee, its successors and assigns. In granting its approval, the Grantee, its successors and assigns, may impose reasonable conditions, including, but not limited to, the filing by the contractor or Grantor of an adequate performance bond to guarantee completion of the work. There is reserved to the Grantor, his successors and assigns, the right and privilege to use the above described land of the Grantor at any time, in any manner and for any purpose not inconsistent with the full use and enjoyment by the Grantee, its successors and assigns, of the rights and privileges herein granted. Executed this day of 9 19-a STATE OF )ss. County of 1 On , 19,, before me, the undersigned, a Notary Public in and for said County and State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same. Witness my hand and official seal. Notary Public in and for said County and State This is to certify that the interest in real property conveyed by the foregoing easement to the City of Carlsbad, a municipal corporation is hereby accepted by the City Council of said City of Carlsbad, California pursuant to Resolution No. adopted on , and the Grantee consents to recordation thereof by its duly authorized officer. ALETHA L. RAUTENKRANZ, City Clerk Dated BY 0 0 EXHIBIT "A" LEGAL DESCRIPTION Assessors Parcel No. 212-041-03 All that portion of Lot "G" of the Rancho Agua Hedionda according to map thereof No. 823 filed in the office of the County Recorder of San Diego County November 16, 1896, in the City of Carlsbad, County of San Diego, State of California, being more particularly described as follows: Beginning at a point on the northerly right-of-way of Road Survey No. 1534 on file in the office of the County Surveyor of said County, know as Palomar Airport Road, at Engineers Station 78t25.34 E.C.; thence along said northerly right-of-way S 78'19'53" E (N 78'20'53" W per said R.S. 1534) 90.31 feet to the TRUE POINT OF BEGINNING; thence leaving said northerly right-of-way, N 9°OO'OO'' E 34.75 feet; thence S 81°00'00" E 20.00 feet, thence S 9°OO'OO" W 35.66 feet to said northerly right-of-way; thence along said northerly right-of-way, N 78'19'53" W 20.02 feet to the TRUE POINT OF BEGINNING. DLW,/se 268-01-1 (W )350.2 POR %-f 5 F<kD AGUA r1~DJCND.A Ir' ; MAP hi0 82.3 APN 212-WI-03 5 SI'Q3' E /Em. VLY w -- tJ7m4'93W 20.a' I I fi Uk 8 "2 : G I 6 -- EY~T,~'L'/ R/* 7 II k g 3 w ?f 5% vl AREA TO 6E ACQUIRED SHOWN m 703.-* = 0.a u. EXHl6Jr '6' UTI/ OF CpRL5-D ASSOCI*~LJ ACQUISITION PLAT Bem&rwms'1v -OEM WAIN EA5EMENT COMulTlNG ENuN€€Rs USSMURPHY~ mu), sum200 wDIKjo,cA92123 (slqaaozoo QIPB7POUMNEY&Asoau€sK Dit.: 9/f0//7 BY:o WAHL $bot I 01 ' Wtoeta Job no. m-01-1 0 Escrow No. LoNan No. WHEN RECOROED MAIL TO: CITY OF CARLSBAD 1200 Elm Street Garlsbad, CA. 92008 - 0 SPACE ABOVE THIS LINE FOR RECOROER'S USE w W s is to certify that the interest in real property conveyed by the foregoing ' poration grand deed to the City of Carlsbad, a municipal corporation is hereby epted by the City Council of said City of Carlsbad, California pursuant to olution No. adopted on 9 and the Grantee sents to recorm thereof by its duly authorized officer. ed BY ALETHA L. RAUTENKRANZ, City Clerk ' WkN RECORDED, PLEASE MAIL THIS INSTRUMENT TO: CITY CLERK CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CA 92008 - NO TRANSFER TAX DUE SPACE ABOVE FOR RECORDER'S USE ONL'r e 0 The Grantor hereby further grants to the City of Carlsbad that privilege and right to f extend drainage structures and excavation and embankment slopes beyond the 1 imits of there herein described right-of-way where required for the construction and maintenance of said City Highway. RESERVING unto grantor of the above described parcel of land, his successors or assigns, the right to eliminate such slopes and/or drainage structures or portions thereof, when in the written opinion of the City Engineer of Grantee, the necessity therefore is removed by substituting other protection, support and/or drainage facility, provided such substitution is first approved in writing by said Engineer(s). The Grantor hereby further grants to Grantee all trees, growths (growing or that may hereafter grow), and road building materials within said right-of-way, including the right to take water, together with the right to use the same in such manner and at such locations as said Grantee may deem proper, needful or necessary, in the construction, reconstruction, improvement or maintenance of said highway. The Grantor, for himself, his successors and assigns, hereby waives any claim for any and all damages to Grantor's remaining property contiguous to the right-of-way hereby conveyed by reason of the location, construction, landscaping or maintenance of said highway. Dated this day of Y 19-0 STATE OF )ss. County of 1 On , 19,, before me, the undersigned, a Notary Public in and for said County and State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same. Witness my hand and official seal. 'Notary Public in and for said County and State This is to certify that the interest in real property conveyed by the foregoing easement to the City of Carlsbad, a municipal corporation is hereby accepted by the City Council of said City of Carlsbad, California pursuant to Resolution No. adopted on , and the Grantee consents to recordation thereof by its duly authorized officer. Oat ed BY ALETHA L. RAUTENKRANZ, City Clerk 4 0 e EXHIBIT "A" LEGAL DESCRIPTION Assessors Parcel 212-041-08 All that portion of Parcel 3, of Parcel Map No. 6331, filed in the office of the County Recorder of San Diego County, September 8, 1977, in the City of Carlsbad, County of San Diego, State of California, being more particularly described as follows: Beginning at the most southwesterly corner of said Parcel 3, said point being on the centerline of Palmar Airport Road according to Road Survey No. 1534, on file in the office of the County Surveyor of said County; thence leaving said centerline along the westerly line of said Parcel 3 N 18"41'02" W (N 18"42'20" W per Parcel Map No. 6331) 50.00 feet to the TRUE POINT OF BEGINNING, said point being on the northerly right-of-way of said Road Survey No. 1534; thence continuing along said westerly line, N 18"41'02" W (N 18'42'20'' W per Parcel Map No. 6331) 24.99 feet to a point of intersection with a non-tangent curve concave southerly and having a radius of 2,313.00 feet, a radial line to said point bears N 11'33'35" W; thence easterly along said curve through a central angle of 6O16'04" an arc length of 253.03 feet to a point of cusp with a curve concave southerly and having a radius of 1,550.00 feet, a radial line to said point on said 2,313.00 foot curve bears N 5'17'31" W, and a radial line to said point on said 1,550.00 foot radius curve bears N 9O27'30" W; thence westerly along said 1,550.00 foot radius curve through a central angle of 9O14'20" an arc length of 249.94 feet to the TRUE POINT OF BEGINNING. DLlrl/l cd 268-01-1(~).300.26 \\ s 4.” w ASSOCIA~~S IPemrnwmmw CoMUlTlNc €NUNEB d155hwMcA” Ro4D,summo UNMKiCXCAwm @Kj57&rn 9w #xIMN€r& AsfooAm INC CITY OF CARLSBAV ACQUISITION PLAT 1 @q WWm Job No. Date: q/@/&l By: p.wbl.4~ 8M.t 1 01 1 Sheet WHEN RECORDED, PLEASE MAIL THIS INSTRUMENT TO: CITY CLERK CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CA 92008 - NO TRANSFER TAX DUE 1 SPACE ABOVE FOR RECORDER'S USE ON1 w 0 The. Grantee shall have the right to fence all or any portion of said easement herein conveyed within which there is installed or constructed an unenclosed flood drainage channel The Grantee, it successors and assigns , shall be responsible for operating, maintaining, and keeping in good repair the above described works of improvement The Grantor, his successors and assigns, reserves the right to enclose in a manner approved by the Grantee, its successors and assigns, any portion of an unenclosed flood drainage channel provided such enclosure is constructed or installed by a 1 i censed contractor in accordance with pl ans and speci f i cati ons approved by and to the satisfaction of the Grantee, its successors and assigns. In granting its approval, the Grantee, its successors and assigns, may impose reasonable conditions, including, but not limited to, the filing by the contractor or Grantor of an adequate performance bond to guarantee completion of the work. There is reserved to the Grantor, his successors and assigns, the right and privilege to use the above described land of the Grantor at any time, in any manner and for any purpose not inconsistent with the full use and enjoyment by the Grantee, its successors and assigns, of the rights and privileges herein granted. a- Executed this day of I 19-s STATE OF )ss 0 County of 1 On 9 19-9 before me, the undersigned, a Notary Public in and for said County and State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same. Witness my hand and official seal, Notary Public in and for said County and State This is to certify that the interest in real property conveyed by the foregoing easement to the City of Carlsbad, a municipal corporation is hereby accepted by the City Council of said City of Carlsbad, California pursuant to Resolution No adopted on , and the Grantee consents to recordation thereof by its duly authorized officer. ALETHA L. RAUTENKRANZ, City Clerk Dated BY 0 0 * EXHIBIT "AI' LEGAL DESCR I PTION Assessors Parcel 2 12-04 1-08 All that portion of Parcel 3, of Parcel Map No. 6331, filed in the office of thle County Recorder of San Diego County, September 8, 1977, in the City of Carlsbad, County of San Diego, State of California, being more particularly described as fol 1 ows : Befginning at a point on the easterly line of said Parcel 3, said point being on the northerly right-of-way of Palomar Airport Road according to Road Survey No. 1534, filed in the office of the County Surveyor of said County, said point also being on a curve concave southerly and having a radius of 1,550.00 felet a radial line to said point bears N 06'01'39" E; thence westerly along said curve through a central angle of 4'55'54" an arc length of 133.42 feet to thle TRUE POINT OF BEGINNING "A"; thence leaving said northerly right-of-way and said curve, N 1'30'15'' E 20.01 feet; thence N 88'29'45" W 20.00 feet; thence S 1'30'15'' W 20.28 feet to said northerly right-of-way and said curve, a radial line to said point bears N 0'21'23" E; thence easterly along said right-of-way and said curve through a central angle of 0'44'22" an arc length of 20.00 feet to the TRUE POINT OF BEGINNING "A". Together with the following described portion of said Parcel 3; Beginning at a point on the northerly right-of-way of Palomar Airport Road according to Road Survey No. 1534, filed in the office of the County Surveyor of said County, said point being at the beginning of a curve concave southerly and having a radius of 1,550.00 feet, said point being at Engineer's Station 70+16.71 B.C. per said Road Survey 1534; thence along said curve, through a central angle of 0'44'32" an arc length of 20.08 to the TRUE POINT OF BEIGINNING "B"; thence leaving said curve N 11'05'00" W 48.07 feet; thence N 78'55'00" E 20.00 feet; thence S 11'05'00" E 45.61 feet to said northerly right-of-way; thence along said right-of-way and said curve, through a central anlgle of O"44'42" an arc length of 20.15 feet to the TRUE POINT OF BEIGINNING I'B". DLW/se 268-01-1lW)347.70 _I w 3 w PAR LE I, WRCEl. hIl/\F N 9, P 9J -1 dl -1 rn 212-04\-00 \ L mRY LNE rnL MhP4e3I e R= ~,500.00~ =m-m5mw Cophlw VWEL No. 3- F?W% WP 6331 --- -_ wmm eE '/ pCMIpwwhJ 4 he.cm=s 0 m Ac. EXHIBIT ''6" ! ciN OF CpdtsESO CI@cIrnWrnHW ASSOCIATES ACQUISITION PLAT CONSULTING ENGINEERS 5rOfWl DRAlhJ EASEMEW SAN DIEGO, CA 92123 (6?9] 576-9200 Job No. (31987 POUNMEY d ASSOUATEZ INC. Date: 4/so/e7 By: QUL Shoot 1 Of 2 Sheets 4AS5 MURPHY CANYON RQ4Q SUITE 200 bCIC/&IW&rUW ASSOCIAT~S CONSULTING ENGINEERS 4455 MURPHY CANYON W, SUITE 200 SAN DEGO, CA 92123 (619j 576-9200 01987 POUNMEY & ASSoCfATES, INC CITY Of cARZL.P ACQUISITION PLAT 5TGl%4 04Alfri EASEMEUT Job NO.=-( Date: q/g/m BY: I;Z WL Sheet 20tZ s W Escrow No. Loan No. WEN RECORDED MAIL TO: CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, CA. 92008 w I SPACE ABOVE THIS LINE con nEcoaoEws USE 4 0 0 This is to certify that the interest in real property conveyed by the foregoing corporation grand deed to the City of Carlsbad, a municipal corporation is hereby accepted by the City Council of said City of Carlsbad, California pursuant to Resol uti on No. adopted on , and the Grantee consents to recorm thereof by its duly authorized officer. Dated - BY ALETHA L. RAUTENKRANZ, City Clerk ' WHEN RECORDED, PLEASE MAIL THIS INSTRUMENT TO: CITY CLERK CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CA 92008 - NO TRANSFER TAX DUE SPACE ABOVE FOR RECORDER'S USE ONL\ W w The Grantor hereby further grants to the City of Carlsbad that privilege and right to," extend drainage structures and excavation and embankment slopes beyond the 1 imits of there herein described right-of-way where required for the construction and maintenance of said City Highway. RESERVING unto grantor of the above described parcel of land, his successors or assigns, the right to eliminate such slopes and/or drainage structures or portions thereof, when in the written opinion of the City Engineer of Grantee, the necessity therefore is removed by substituting other protection,' support and/or drainage facility, provided such substitution is first approved in writing by said Engineer(s). The Grantor hereby further grants to Grantee all trees, growths (growing or that may hereafter grow), and road building materials within said right-of-way, including the right to take water, together with the right to use the same in such manner and at such locations as said Grantee may deem proper, needful or necessary, in the construction, reconstruct i on , improvement or mai ntenance of said hi ghway . The Grantor, for himself, his successors and assigns, hereby waives any claim for any and all damages to Grantor's remaining property contiguous to the right-of-way hereby conveyed by reason of the location, construction, landscaping or maintenance of said hi ghway . Dated this day of ¶ 19-• STATE OF )ss. County of 1 On ¶ 19,, before me, the undersigned, a Notary Public in and for said County and State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same. Witness my hand and official seal. Notary Public in and for said County and State This is to certify that the interest in real property conveyed by the foregoing easement to the City of Carlsbad, a municipal corporation is hereby accepted by the City Council of said City of Carlsbad, California pursuant to Resolution No . adopted on , and the Grantee consents to recordation thereof by its duly authorized officer. ALETHA L. RAUTENKRANZ, City Clerk Dated BY 4 0 0 EXHIBIT "A" LEGAL DESCRIPTION Assessors Parcel 212-041-06 All that portion of Parcel 1, of Parcel Map No. 6331, filed in the office of the County Recorder of San Diego County, September 8, 1977, in the City of Carlsbad, County of San Diego, State of California, being more particularly described as foll ows : Beginning at the most southwesterly corner of said Parcel 1; thence along the westerly line of said Parcel 1 N 3'17'16" W (N 3'18'34" W per Parcel Map No. 6331) 52.00 feet to a point on the northerly right-of-way of Palomar Airport Road, according to Road Survey No. 1534, on file in the office of the County Surveyor of said County, said point being the TRUE POINT OF BEGINNING; thence continuing along the westerly line of said Parcel 1 N 3'17'16'' W (N 3'18'34" W per Parcel Map No. 6331) 41.61 feet; thence leaving said westerly line N 69'43'15'' E 278.25 feet to the beginning of a tangent curve concave southeasterly and having a radius of 2,313.00 feet; thence easterly along said curve through a central angle 8'43'10" an arc length of 352.00 feet to 43 point of intersection with the easterly line of said Parcel 1, a radial linii to said point bears N 11'33'35" W; thence leaving said curve along the easterly line of said Parcel 1 S 18'41'02" E (S 18'42'20" E per Parcel Map No. 6331) 24.99 feet to a point of intersection with the northerly right-of-way said Road Survey No. 1534, said point being on a curve concave southeasterly and having a radius of 1,550.00 feet, a radial line to said point bears N 113"41'50" W; thence westerly along said curve through a central angle of 0'32'17'' an arc length of 14.10 feet; thence tangent to said curve, along the northerly right-of-way of said Road Survey No. 1534, S 70'46'53" W (S 70'45'53" W per Parcel Map No. 6331) 626.36 feet to the TRUE POINT OF BEGINNING. Excepting therefrom that portion of the above described portion of Parcel 1 described in irrevocable offer to dedicate real property to the County of San Di ego for roadway purposes described in document recorded September 7, 1977, as File/Page No. 77-367341, O.R. DLW/'l cd 268-01- 1 (W ) -300 25 mem~~mmmr ASSoCIAlfS COMUUlNG ENGINEERS du5 MURPHY CANW RO4D, SUm 100 sANDIL%o,cACAl23 pq5769300 01967 POUNMEY s ASXMUES HJC ACQUISITION PLAT EXUIMT ' b' Job NO. 2G8- OLI Dit.: 9/-/67 By: 0. wAClL 8-t 1 Of I Shaat, - ~ ~.. e CICTOW NO. Ltnn No.. b WHEN RECORDED MAIL TO: 0 SPACE ABOVE THIS LINE FOR RECORDER'S USE w m is is to certify that the interest in real property conveyed by the foregoing I rporation grand deed to the City of Carlsbad, a municipal corporation is hereby cepted by the City Council of said City of Carlsbad, California pursuant to solution No. adopted on , and the Grantee nsents to recorm thereof by its duly authorized officer. t ed BY ALETHA L. RAUTENKRANZ, City Clerk i '* W~EN RECORDED, PLEASE MAIL THIS INSTRUMENT TO: CITY CLERK CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CA 92008 - NO TRANSFER TAX DUE SPACE ABOVE FOR RECORDER'S USE ONLY W m The Grantor hereby further grants to the City of Carlsbad that privilege and rignt to,” extend drainage structures and excavation and embankment slopes beyond the 7 imits of there herein described right-of-way where required for the construction and maintenance of said City Highway. RESERVING unto grantor of the above described parcel of land, his successors or assigns, the right to eliminate such slopes and/or drainage structures or portions thereof, when in the written opinion of the City Engineer of Grantee, the necessity therefore is removed by substituting other protection, support and/or drainage facility, provided such substitution is first approved in writing by said Engineer(s). The Grantor hereby further grants to Grantee all trees, growths (growing or that may hereafter grow), and road building materials within said right-of-way, including the right to take water, together with the right to use the same in such manner and at such locations as said Grantee may deem proper, needful or necessary, in the construction, reconstruction, improvement or maintenance of said highway. The Grantor, for himself, his successors and assigns, hereby waives any claim for any and a1 1 damages to Grantor’s remai ni ng property cont i guous to the ri ght -of -way hereby conveyed by reason of the 1 ocati on, construction, 1 andscapi ng or mai ntenance of said highway. Dated this day of , 19-. STATE OF )ss. County of 1 On , 19,, before me, the undersigned, a Notary Public in and for said County and State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same. Witness my hand and official seal. Notary Public in and for said County and State This is to certify that the interest in real property conveyed by the foregoing easement to the City of Carlsbad, a municipal corporation is hereby accepted by the City Council of said City of Carlsbad, California pursuant to Resolution No. adopted on , and the Grantee consents to recordation thereof by its duly authorized officer. ALETHA L. RAUTENKRANZ, City Clerk Dated BY 0 e .I EXHIBIT "A" LEGAL DESCRIPTION Assessors Parcel 212-041-04 All that portion of that certain parcel of land designated as "Description No. 3, 78.04 acres" as shown and delineated on Record of Survey Map No. 5715, filed in the office of the County Recorder of the County of San Diego, on December 19, 1960, being a portion of Lot "G" of the Rancho Agua Hedionda, according to Map thereof No. 823, filed in the office of the County Recorder of said San Diego County, November 16, 1986, in the City of Carlsbad, County of San Diego, State of California, being more particularly described as f 0'1 1 ows : Beginning at the most southwesterly corner of said Description No. 3, said point being on a 1,500.00 foot radius curve concave southerly, said point be'ing on the centerline of the 100 foot wide right-of-way, known as Palomar Airport Road, according to Road Survey No. 1534 on file in the office of the County Surveyor of said County, a radial line to said point bears N 7'20'37" W; thence easterly along said curve, and along said centerline, through a central angle of 4"19'30", an arc length of 113.23 feet to the end of said curve, said point being shown on said Road Survey No. 1534, as Engineer's Station 78+25.34 EC; thence continuing along said centerline S 78'19'53" E (S 78'20'53" E per Road Survey No. 1534) 382.97 feet, to the most southeasterly corner of land described in deed to the Epoh Investment Club, recorded November 15, 1961, as File No. 197951, O.R.; thence leaving said centerline, along the easterly line of said deed, N 3'33'23'' E (N 2'36' E per recorded Deed) 50.50 feet to the TRUE POINT OF BEGINNING, said point being on thle northerly right-of-way of said Road Survey No. 1534; thence along said northeasterly right-of-way of Road Survey No. 1534 S 78O19'53" E DL'dI s k g 268-01-1(~) .229.50 Page 1 of 2 w W (S 78'20'53'' E per Road Survey No. 1534) 1,654.17 feet to the intersection of a non-tangent curve concave southwesterly and having a radius of 2063.00 feet, a radial line to said point bears N 18'06'15" E; thence westerly along said curve through a central angle of 6O26'08" an arc length of 231.72 feet; thence tangent to said curve N 78'19'53" W, 1,325.70 feet to the beginning of a tangent curve concave southerly and having a radius of 2,363.00 feet; thence westerly along said curve through a central angle of 2'23'39" an arc length of 98.74 feet to the intersection with the easterly line of property described in said Epoh Deed; thence leaving said curve along said easterly line, S 3'33'23" W (S 2'36' W per said Deed) 11.05 feet to the TRUE POINT OF BEGINNING. DLW/s k g 268-01-1(~).229.50 Page 2 of 2 - I Cny~ccICz~ memrwmmv ASSOCIATES ACQUISITION PLAT -DING €WN€ERs EWW B 0" 4455MuRPHYm mQSum200 sANMKio,cAcA42123 ms6-m Job No. (1Y6~r (DIQLI7#XINM€Y&AssooAmK Dit.: q@\m BY: 0. WL $hoot 1 Of 1 $1 J .> UhEN RECORDED, PLEASE MAIL THIS INSTRUMENT TO: CITY CLERK CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CA 92008 - NO TRANSFER TAX DUE SPACE ABOVE FOR RECORDER'S USE ONL' w e I I EXHIBIT "A" LEGAL DESCRIPTION Assessors Parcel No. 212-041-04 All that portion of Lot "G" of the Rancho Agua Iiedionda according to map thereof No. 823 filed in the office of the County Recorder of San Diego County November 16, 1896, in the City of Carlsbad, County of San Diego, State of California, being more particularly described as follows: Beginning at a point on the northerly right-of-way of Road Survey No. 1534 on file in the office of the County Surveyor of said County, known as Palomar Airport Road, at Engineer's Station 78+25.34 E.C.; thence along said northerly right-of-way S 78'19'53" E (N 78'20'53" W per said R.S. 1534) 1,255.77 feet to the TRUE POINT OF BEGINNING "A"; thence leaving said northerly right-of-way, N 11'40'07" E 47.00 feet; thence S 78'19'53" E 20.00 feet; thence S 11'40'07" W 47.00 feet to said northerly right.-of-way; thence along said northerly right-of-way, N 78'19'53" W 20.00 feet to the TRUE POINT OF BEGINNING "A". Together with the following described portion of said Lot "G" described as f 01 1 ows: Beginning at a point on the northerly right-of-way of Road Survey No. 1534 on file in the office of the County Surveyer of said County, known as Palomar Airport Road, at Engineer's Station 99t10.74 B.C.; thence along said northerly right-of-way N 78'19'53" W (N 78'20'53" W per said R.S. 1534) 45.63 feet to the TRUE POINT OF BEGINNING "8"; thence leaving said northerly right-of-way, N 36'58'36" E 7.23 feet; thence N 53'01'24" W 28.00 feet, thence S 36'58'36" W 16.69 feet to said northerly right-of-way; thence along said northerly right-of-way, S 78"19'53" E 22.12 feet to the TRUE POINT OF BEGINNING IIB". DLWIse 268-01-1 (W)347.72 e ', The Grantee shall have the right to fence all or any portion of said easement herein conveyed within which there is installed Or constructed an unenclosed flood drainage channel. The Grantee, it successors and assigns, shall be responsible for operating, maintaining, and keeping in good repair the above described works of improvement The Grantor, his successors and assigns, reserves the right to enclose in a manner approved by the Grantee, its successors and assigns, any portion of an unenclosed flood drainage channel provided such enclosure is constructed or installed by a 1 iclensed contractor i n accordance with pl anS and speci f i cat i ons approved by and to the satisfaction of the Grantee, its successors and assigns. In granting its approval, the Grantee, its successors and assigns, may impose reasonable conditions, including, but not limited to, the filing by the contractor or Grantor of an adequate performance bond to guarantee completion of the work. There is reserved to the Grantor, his successors and assigns, the right and privilege to use the above described land of the Grantor at any time, in any manner and for any purpose not inconsistent with the full use and enjoyment by the Grantee, its successors and assigns, of the rights and privileges herein granted. ' Executed t h i s day of 9 19-e - - STATE OF )ss. Cour1ty of 1 On 9 19-9 before me, the undersigned, a Notary Public in and- for said County and State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same. Witness my hand and official seal. - - Notary Public in and for said County and State This is to certify that the interest in real property conveyed by the foregoing easement to the City of Carlsbad, a municipal corporation is hereby accepted by the City Council of said City of Carlsbad, California pursuant to Resolution No . adopted on , and the Grantee consents to recordation thereof by its duly authorized officer. ALETHA L. RAUTENKRANZ, City Clerk Dated BY J UJl LUJ ' X-D AGUA%l ONLL~ , J\/JA"F 1\10 023 APN 212-641-04 -- --_ I ----E .R5 1- I I I q?5: S'W W'L --- -- AREA TO 6E MQUIREP SHOWN El WR2 = 0.02 AL. EXH lBlT '6' CITY OFCARLSBAD 1 bQVrnWHlW AS SO CIA^^^ ACQUISITION PLAT WRM DRAIN USEMEAT CQNSUUlNG ENGIFJEE6 *u5Mu~cAMoNRou).sum300 WOIKj0,CA92M (619)576-m QnwpouNMM&AsxMAm K Dit.: ?/34y&7 By: 0 W4hL 8-t 1 of zsh..t@ Job No.&&OI-l 1 1 AP 9 212- 041-M ,r; - 0 ‘5: . 1 +:-: ’ :..?,;:e .‘.. . ‘. *- J . <.. .<’. I;:-. . ’ I ;,.:*.: i..:::.: . * e--- :/:; <* /:,;z: .,,_. , .. ..:-J .I ’ 4.-1.;,.,. . .: ;. .., ,-.<I- 1s vi.:.: c. !-a;;;- ‘. :. /.:.;-. *f..* .. J .,A::..* *.# .. . .. e.( .. . . .-* . z:.., .... ..‘. .-;.-., ._ : APN 212-OQi-W .-. ARE4 TO 6E ACQUiRLP SHOWN en 2% 2SGV = 0.- &. r EXHIBIT ‘6’ CITY Of URIC\BAD ACQUISITION PLAT -VmWmmW *sSOClAl€S C0”G FNUNFFRS S7DRW mAlN €AS€MENT =MURPHY CA” m, sum 200 ~DIKjo,cA92123 (619)576-4200 Job Mo. ,?Cg +f 015187 POUNRJEY a ASSOOATES, IK Dato: 4/3&7 By: D. W~CH, Sh..tZOf 2 Shc LVJd LrnJ reLMn3 UHlVE CARLSBAD, CALIFORNIA 92009-4 , (619) 438-1161 m PLANNING DEPARTMENT < Citp of CarIa'bab NEGATIVE DECLARATION I?ROJECT ADDRESS/LOCATION: Palomar Airport Road between Paseo Del Norte and 7,900 feet f. thereof. PROJECT DESCRIPTION: Street widening improvements of existing road to prime arterial standards. The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, a Negative Declaration (declaration that the project will not have a significant impact on the environment) is hereby issued for the subject project. Jrustification for this action is on file in the Planning Department. A copy of the Negative Declaration with supportive documents is on file in the Planning Department, 2075 Las Palmas Drive, Carlsbad, California 92009. Comments from the public are invited. Please submit comments in writing to the Planning Department within ten (10) days of date of issuance. DATED: December 30, 1987 MICHAEL 'ltkcfv&&! J. HOL~MILLEJ~ L .t - LL Q QQ7 CASE NO: PCD/GPC 87-3 Planning Director APPLICANT: CITY OF CARLSBAD PUBLISH DATE: December 30, 1987 EXHIBIT "ND" "/dVQ ClU I I CORNELL ASSOCIATES, LTD. Investment Real Estate 12625 High Bluff Dr., Suite 201/San Diego, CA 92130/(619) 792-6677 May 24, 1988 City Council City of Carlsbad 1220 Elm Avenue Carlsbad, CA 92008 Re: West Palomar Airport Rd. Improvement Project, Condemnation hearing Gentlemen: As the managing partner for the Limited Partnership which owns the 13.89 acre parcel known as Assessor's parcel number 212-040-25, the following documents received for our execution relating to the West Palomar Airport Road Improvement Project are incorrect: 1. Legal Description 2. Easements 3. Plat 4. Offer to Purchase 5. Escrow Instructions Staff has been notified of the errors and has been working on the problems. We were informed that the issues were being handled as soon as possible, but as of this date we are unable to comply with the requests of the City or the escrow company. Sincerely, CORNELL ASSOCIATES, LTD. -OF- / Howard C. Cornel1 Pres iden t cc. Lloyd Hubbs, City of Carlsbad Morgan/Palomar Industrial I limited partnership 0 RANDALL B. IIAMUD 401 West (A) Street Suite I300 San Diego, California 92101 "0 ATTORNEY AT LAW 3 %< ' GCG 9 d (6 19) 696-08 15 May 12, 1988 Certified i"ai1 dlieturn iieceipt 2equested Office of City Attorney City of Carlsbad City Hall 1220 Elm Avenue Carlsbad, California 92003-1989 2%: ;$est Palonar Air?ort doad Ix-rovezent Project NOTICE OF PUEjLIC HEAXING to Condemn Pro2erty for the Nest i?alomar Airgort Zoad Improvement Project in the City of Carlsbad, California. REQUEST TO APPEAR AND TO BE HEkiiD dY NAZ3AI.i ANilj JGSCPHIMB ALADdAY To whom it may concern: Pursuant to the hay 4, 1988, notice from the law firm of Asaro & Keagy, please be informed that Nazeah and Josephine, either tliemselves or through their attorney, the undersigned, desire to appear and to be heard at the forthcoming pblic hearing to be held on the above referenced matter on Siay 24, 1988, at 6:OO 2.a. in the City Council Chambers. Thank you for your cooperation in this matter. Very truly yours, ")ZLLU - &-d7=v/ Randall B. Hamud cc: air. & Us. Aladray 313I-I/ PC ":U- (W e * ~~~a-~~~*- 1 -5 fke\>I:.J 9 ks CORNELL ASSOCIATES, LTD. Investment Real Estate 12625 High Bluff Dr., Suite 2OI/San Diego, CA 92130/(619) 792-6677 y i e: ,! 1. ' ._ . IL.! :! (2 t k, <?[ i. " iE:Gxi i=:l;il Fl\,!+. ;< 5. !-I. '(; p y. ck.r- 1% h-;' ,: [z 74 CJZ:$;>EJ ..- 1' ,."=. 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