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HomeMy WebLinkAbout1989-06-27; City Council; 10095; Westana Viewpoint Acceptance Of DeedCIT" OF CARLSBAD - AGENC BILL r B# /4 By5 1 TITLE: ACCEPTANCE OF A GRANT DEED I 1TG.J-77-89 FOR PUBLIC ROAD PURPOSES WESTANA VIEWPOINT CITY A 1EPT.FNC.. CITY MG PR 3.4.66/MP 177 3ECOMMENDED ACTION: Adopt Resolution No. $9-/97 accepting Grant Deed for public road purposes. ITEM EXPLANATION: As a condition of approval of the Pacific Rim Master Plan, MP 177, Westana Viewpoint, a California General Partnership is requiredto offer for dedication 102 feet of right-of-way across portions of Section 26, Township 12 South, Range 4 West, San Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of California. The parcel of land being conveyed will be used for the full width construction of Alga Road. FISCAL IMPACT: Requiring dedications as a condition of development will save the City expenses in the future right-of-way acquisitions. EXHIBITS: 1. Location Map. 2. dated k/?</fy . Grant Dee from Westana Viewpoint, a California General Partnership, 3. Resolution NO. 8?-/sq accepting Grant Deed for public road purposes. y . J\L.J~ &Gn&fAL< LA iTH Sac &(+ffri%a -.* 1 OCATION MAP .. ""- EXISTINO ROAD - PROPOSED PROJECT PROJECT NAME r PROJ. NO. EXHlBlT ALGA ROAD B P R 3.4.66 RECORDING REOUESTED BY - AND WHEN RECORDED MAIL TO r Citv Clerk 1 Ci ti of Carlsbad 1200 Elm Avenue Name street Address Carlsbad, CA 92008 City & State L J MAIL TAX STATEMENTS TO r 1 Name street Address City & State L J SPACE ABOVE THIS LINE FOR RECORDER'S USE Partnership Grant Deed AT. NO. NN00586 0 1925 CA (11-83l THIS FORM FURNtSHED BY TICOR TITLE INSURERS The undersigned grantor(s) declare(s): Documentary transfer tax is 0 ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: ( X ) City of Carlzharl , and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Westana Viewpoint, a general hereby GRANTS to The City of Carlsbad, a Municipal Corporation partnership organized under the laws of the State of California the following described real property in the City of Carlsbad County of San Diego , State of California. An easement for public street purposes as described on Exhibit "A" attached hereto and made a part hereof. An easement for slope construction and maintenance purposes as described on Exhibit "B" attached hereto and made a part hereof. The attached plat to accompany legal description is provided for clarification only. Dated: 6 /.K BY STATE OF CALIFORNIA COUNTY OF .Sfid iJ1r.i 0 On XULIE 15, 1985 before me, the undersigned, a Notary Public in and for said State, personally appeared Uj///,4> 2. LdTffdA personally known to me or proved to me on the basis of satisfactory evidence to be the personA who exe- cuted the within instrument as d*l c of the partners of the partnership that executed the within instrument. and acknowledged to me that such WITNESS my hand and official seal, partnership executed the same. WESTANA VJZWWT, A CALIFORNIA GENERA.~IP - ERAL PARTNER Partner EY Partner Signature (This area for official notarial scal) Title Order No. - Escrow or Loan No. MAIL TAX STATEMENTS AS DIRECTED ABOVE PR 3.4.66/CT85-35 OWNER: WESTANA TITLE REPORT NO. 1171297 EXHIBIT "A" LEGAL DESCRIPTION THOSE PORTIONS OF SECTION 26, TOWNSHIP 12 SOUTH, RANGE 4 WEST, DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN PAR.S: E.LB.L..S TREE-DEDICATION BEGINNING AT THE CENTER QUARTER CORNER OF SAID SECTION 26 AS A CALIFORNIA PARTNERSHIP PER DEED RECORDED 6-29-87 AS F/P NO. 87- THE SOUTHEAST CORNER OF THE LAND CONVEYED TO WESTANA VIEWPOINT, NORTHWEST QUARTER OF SAID SECTION; THENCE ALONG THE NORTH LINE 360462, BEING THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE OF THE SOUTHWEST QUARTER OF SAID SECTION 26 NORTH 89O16'26" WEST THE ARC OF A NON TANGENT 1074.00 FOOT RADIUS CURVE CONCAVE (RECORD 89°14'58"W PER MAP NO. 8351) 520.56 FEET TO A POINT ON NORTHERLY, A RADIAL TO SAID POINT BEARS SOUTH 03O33'26" EAST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 06O23'27" A DISTANCE OF 119.79 FEET; THENCE NORTH FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE EASTERLY ALONG THE 80O03'07" EAST 86.02 FEET TO THE BEGINNING OF A TANGENT 1126.00 ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 10°40'27" A DISTANCE OF 209.77 FEET; THENCE SOUTH 89O16'26" EAST 108.06 FEET TO THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE ALONG BEGINNING. SAID EAST LINE SOUTH 00°03'54" EAST 51.00 FEET TO THE POINT OF MORE OR LESS. ABOVE DESCRIBED PARCEL B CONTAINS 17598.53 SQ.FT. OR 0.404 ACS. SHOWN ON RECORD OF SURVEY MAP NO. 10774; SAID POINT ALSO BEING ON TO BE KNOWN AS ALGA ROAD. PARC_EI?_A - S ?!E E T DE D I CAT I2 COMMENCING AT THE POINT OF BEGINNING HEREINBEFORE DESCRIBED IN SAID SECTION 26 NORTH 89O16'26" WEST 780.58 FEET TO THE POINT OF 89O16'26" WEST 300.89 FEET TO A POINT IN THE BOUNDARY LINE OF PARCEL B; THENCE ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF BEGINNING; THENCE CONTINUING ALONG SAID NORTH LINE NORTH SAID RECORD OF SURVEY NO. 10774; THENCE CONTINUING ALONG SAID BOUNDARY LINE NORTH 89O16'26" WEST 252.98 FEET: THENCE NORTH 00°21'21" WEST 35.43 FEET TO A POINT ON THE ARC OF A NON-TANGENT 1151.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL TO SAID OF SAID CURVE THROUGH A CENTRAL ANGLE OF 10°38'03" A DISTANCE OF POINT BEARS NORTH 04°10'50" WEST; THENCE EASTERLY ALONG THE ARC 213.63 FEET; THENCE SOUTH 83O32'47" EAST 316.52 FEET TO THE Sheet 1 of 2 EXHIBIT "A" LEGAL DESCRIPTION ~~~~ PARCEL A - STREET DEDICATION (CONT'D) BEGINNING OF A TANGENT 1063.00 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 01O25'19" A DISTANCE OF 26.38 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 26 AND THE POINT OF BEGINNING. ABOVE DESCRIBED PARCEL A CONTAINS 13815.59 SQ.FT. OR 0.317 ACS. MORE OR LESS. TO BE KNOWN AS ALGA ROAD. PREPARED BY: CROSBY MEAD BENTON & ASSOCIATES ALGAOSl FEBRUARY 27, 1989 Sheet 2 of 2 LEGAL DESCRIPTION EXHIBIT "B" - SL- WES- COMMENCTNG AT THE POINT OF BEGINNING HEREINBEFORE DESCRIBED IN - - - - - - - - . - - . . .. . . - - . . - - . - . . . PARCEL B; THENCE ALONG THE EAST LINE OF THE NORTHEAST ~UARTER OF ~~ ~~~ ~~ ~ ~~ ~ ~~ ~ ~ SAID SECTION NORTH OO"03'54" WEST 51.00 FEET; THENCE NORTH 89"16'26" WEST 108.06 FEET TO THE BEGINNING OF A TANGENT 1126.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF lO"40'27" A DISTANCE OF 209.77 FEET; THENCE SOUTH 80"03'07" WEST 86.02 FEET TO THE POINT OF BEGINNING, BEING ALSO THE BEGINNING OF A TANGENT 1074.00 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 116"23'27" A DISTANCE OF 119.79 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 26, A RADIAL TO SAID POINT BEARS SOUTH 03"33'26" EAST; THENCE ALONG SAID NORTH LINE NORTH 89"16'26" WEST RADIUS CURVE CONCAVE NORTHERLY, A RADIAL TO SAID POINT BEARS THROUGH A CENTRAL ANGLE OF 01'25'19" A DISTANCE OF 26.38 FEET; SOUTH 05"01'54" WEST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THENCE NORTH 83"32'47" WEST 316.52 FEET TO THE BEGINNING OF A TANGENT 1151.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF lO"38'03" A DISTANCE OF 213.63 FEET TO A POINT IN THE BOUNDARY LINE OF SAID RECORD OF SURVEY MAP NO. 10774; THENCE ALONG SAID COURSES: NORTH 86"33'30" EAST 122.00 FEET; SOUTH 75"43'50" EAST SAID BOUNDARY LINE AND CONTINUING ALONG THE FOLLOWING DESCRIBED EAST 120.00 FEET; SOUTH 68"37'30" EAST 25.00 FEET; NORTH 207.00 FEET; SOUTH 57"51'10" EAST 41.00 FEET; SOUTH 41"59'50" 84"06'40" EAST 1C18.00 FEET: NORTH 89"59'38" EAST 245.00 FEET; 260.02 FEET TO A POINT ON THE ARC OF A NON-TANGENT 1063.0CI FOOT BOUNDARY LINE NORTH 00~21'21" WEST 164.57 FEET; THENCE LEAVING " .~ -~ ~~~~~ ~~~~~ SOUTH 82"53'04" EAST^ 116.66~ FEET; THENCE SOUTH 09"56'53" EAST 29.53 FEET TO THE POINT OF BEGINNING. ABOVE DESCRIBED PARCEL F CONTAINS 86067.24 SQ.FT. OR 1.976 ACS. MORE OR LESS. PREPARED BY: CROSBY MEAD BENTON & ASSOCIATES RE~ISTRATION EXP~RES 3-31-93 ALGAOSl MAY 22, 1989 REV oA.9 c- Sheet 1 of 2 EXHIBIT "B" LEGAL DESCRIPTION ., 1 J .. 'I. COMMENCING AT THE POINT OF BEGINNING HEREINBEFORE DESCRIBED IN PARCEL B; THENCE ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION NORTH UO"03'54" WEST 51.00 FEET TO THE POINT OF BEGINNING; ' THENCE NORTH 89O.16'26" WEST 108.06 FEET TO THE BEGINNING ,OF A TANGENT 1126.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A. CENTRAL ANGLE OF lO"40'27" A DISTANCE OF 209.77 FEET; THENCE SOUTH 8U003'07" WEST 86.U2 FEET; THENCE NORTH 09'66'53'' WEST 29.53 FEET; THENCE SOUTH 82'53'U4" EAST 69.34 FEET; THENCE NORTH 78"43'35" EAST 159.00 FEET; THENCE SOUTH. 89"04'15" EAST 126.00 FEET; THENCE SOUTH 82"39'18" EAST 56.39 FEET; THENCE SOUTH OO"03'54" EAST 12.00 FEET TO THE POINT OF BEGINNING. ABOVE DESCRIBED PARCEL H CONTAINS 6665.66 SQ. FT. OR 0.153 ACS. MORE OR LESS. PREPARED BY: CERTIFICATION FOR ACCEPTANCE OF EASEMENT This is to certify that the interest in real property conveyed by the easement dated June 15, 1989 from to the City of Carlsbad, California, a municipal corporation, is hereby accepted by the City Council of the City of Carlsbad, California pursuant to resolution No. 89-199 , adopted on - June 27, 1989 , and the grantee consents to the recordation thereof by its duly authorized officer. Westana Viewpoint ---------____________________________ DATED : June 28, 1989 1 2 3 4 5 e 7 E S 1c 11 1.2 1: 14 1: 1E 17 1E 1s 2c 21 2.2 2: 24 25 26 27 28 RESOLUTION NO. ry - /99 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING A GRANT DEED FOR PUBLIC STREET PURPOSES ALGA ROAD. WHEREAS, Westana Viewpoint, a California General Partnership has submittec a Grant Deed conveying an easement to the City of Carlsbad for public streel purposes over a portion of Alga Road westerly of Mimosa Drive; and WHEREAS, the City Council of the City of Carlsbad has determined it to bc in the public interest to accept said deed; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad California, as follows: 1. That the above recitations are true and correct. 2. That the Grant Deed from Westana Viewpoint, a California Genera' Partnership dated ~UQF I( , 19m, conveying an easement for public streel purposes over a portion of Alga Road westerly of Mimosa Drive to the City 0' Carlsbad which is on f reference, is accepted. /// /// /// /// /// /// /// /// /// /// /// /// 'ile with the City Clerk and is incorporated herein b: 1 2 z 4 f E 7 E s 1c 11 12 12 14 1: 1E 17 1E 19 2c 21 22 23 24 25 26 27 28 3. That the City Clerk is authorized to cause the original Deed to b recorded in the Office of the County Recorder of San Diego County, State o California. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carl sbad Cit Council held on the 27th day of June , 1989 by the following vote, t wit: AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson NOES: None ABSENT: None ATTEST: Recording Requested by San Diego Gas L Electric When Recorded Mail To: ""-"""""""""""""- P.O. Box 1831 San Diego Gas L Electric Company Attn: San Diego, CA 92112 """""""""""""""" SPACE ABOVE FOR RECORDER'S USE w5tBwe) G/?+ &Lcf JOINT USE AGRJCEME~T 3,4., bL The undersigned declares consideration is less than $100.00 and Transfer Tax is none. THIS AGREEMENT, dated , by and between SAN DIEGO GAS L ELECTRIC COMPANY, a corporation (SDGLE), and CITY OF CARLSBAD (Second Party], is made with reference to the following facts: A. SDGLE is engaged in the business of transmitting and distributing gas and electricity within the County of San Diego, State of California and has facilities for such purposes located in, upon, over, under and across the certain easement and right-of-way granted to SDGLE as described on Exhibit A attached hereto (SDGLE's Easement): B. Second Party desires to acquire and is now acquiring easements and rights-of-way in the real property described in Exhibit "B" attached hereto and intends to construct, operate and maintain therein Alga Road dedication and slope rights in the configuration shown on Exhibit C, attached hereto (Second -1- 2. Party's Facilities): which create a potential present or future conflict with SDG&E facilities: and C. Second Party desires to obtain SDG&E's consent for the construction, operation and maintenance of Second Party's facilities in, over, under and across SDG&E's Easement along the routels) particularly shown on said Exhibit C (Designated Route(s)). NOW, THEREFORE, for valuable consideration, receipt of which is hereby acknowledged, the parties hereby agree as follows: 1. Second Party, its successors in interest and assigns, shall have the right and privilege to construct, operate and maintain Second Party's Facilities in, over, under and across SDG&E's Easement by the Designated Route(s), together with the right of ingress thereto and egress therefrom by practical routels). In the event Second Party's route(s) of ingress or egress at any time, in the sole discretion of SDG&E, conflict with SDGGE's use of the SDG&E Easement, Second Party agrees and covenants, upon notice from SDG&E, to relocate said route(s) at no expense to SDG&E. SDG&E shall cooperate with Second Party to effect such rearrangement, relocation or reconstruction. Second Party agrees and covenants not to interrupt the use or operation of SDG&E's facilities. Any temporary interference with the use or operation of SDG&E's -2- 3. 4. 5. 6. facilities shall be made only with SDG&E's prior written consent. SDG&E shall be deemed the "party first in place" and its rights and interests shall be prior in time and superior in title to those of Second Party. The covenants and terms contained in this agreement shall run with the land, create equitable servatures on the properties described in Exhibits "A" and "B", and be binding upon both parties, their representatives, agents, successors, and assigns. In the event of damage caused by an act of God, war, or other casualty, or damage caused under circumstances where it would be impractical or impossible for SDG&E to notify the Second Party of the necessity for temporary interference with the other party's facilities, SDG&E, without notice, may enter upon the joint easement area and make emergency repairs to restore service. SDG&E shall, however, take reasonable and prudent measures to protect the installations of the Second Party and minimize such interference and as soon as practically possible, notify the Second Party of such emergency repairs. If permanent repairs are required after such emergency repairs have been made, reasonable notice shall be given to the Second Party. Second party shall save, indemnify and hold harmless SDG&E against any liability, loss, cost, damage and expense caused by or arising from (1) any negligent act -3- 7. a. 9. or omission of second party, its employees, agents, contractors, successors and assigns or (ii) the location and existence of its above-described facilities, whether defective or otherwise; including, but not limited to, any such loss, cost, damage, liability and expense arising from damage to or destruction of real and personal property or injury to or death of any person. Liability to a third partylies) shall be divided between the parties hereto in proportion to the measure of each party's liability. Notwithstanding the foregoing, each party shall hold harmless the other party against damage to or destruction of its facilities caused by an act(s) of a third party(ies). Nothing herein contained shall constitute a grant of easement by SDG&E to Second Party, it being understood that any such grant may be obtained only from the fee owner. In the event either party commences legal action against the other by reason of an alleged breach of this agreement or in connection with joint use of the SDG&E Easement, the prevailing party shall be entitled to recover court costs and attorney's fees as set by the court. "Prevailing Party" means the party in whose final judgment is rendered. Second Party shall, at his own expense, secure and maintain in effect during the life of this agreement, insurance coverages as described herein, in amounts not -4- less than the minimum limits specified, to protect SDG&E and Second Party from claims or liabilities in any way arising out of the ownership, maintenance or use of the easement: (1) Worker's Compensation Insurance and Employer's Liability Insurance in accordance with statutory requirements and limits, including U.S. Longshoremen's and Harbor Workers' Compensation act coverage, where applicable, (b) Comprehensive General Liability Insurance to include products-completed operations and contractual liability coverage for liability assumed by Second Party under this agreement and automobile liability insurance, with limits of not less than $1,000,000 each occurrence for bodily injury and property damage combined. Such liability insurance shall name SDG&E as additional insured, shall contain a severability of interest or cross liability clause and shall be primary for all purposes. Certificates of insurance evidencing the coverages and provisions required in (a) and (b) above shall be furnished to SDG&E prior to any use of the easement by Second party and shall provide that written notice be given to SDG&E at least thirty (30) days prior to cancellation or reduction of any coverage. Second Party agrees, at request of SDG&E, to increase the limits of insurance to meet the limits then required by SDG&E for similar agreements of this type. The provisions of this paragraph shall not in any way limit any of Second -5- Party's other obligations or liabilities under this agreement. 10. Second Party agrees to comply with all applicable laws, ordinances, governmental regulations or agreements, regarding water quality, solid wastes, hazardous wastes, hazardous materials, toxic substances, and any and all other forms of pollution or nuisance control (herein) collectively referred to as "Standards". 11. Second Party shall indemnify SDGLE for all costs (including, but not limited to consulting, engineering, clean-up, containment, disposal, and legal costs] incurred by SDGLE as a result of abating a violations of Standards in any proceeding before any authority or court, and paying any fines or penalties imposed because of a violation of any Standards, which result from second party failing to comply with the Standards. 12. Second Party hereby assumes liability for, and shall indemnify and hold harmless SDG&E from any suit, enforcement action, or claim resulting from or relating to (1) any alleged violation or Standards, or (2) all injuries to or death of any persons and loss of or damages to property, including without limitation, employees and property of SDGLE and, which relate to any alleged violation of Standards which would not have arisen but for the actions, or inactions, of Second Party. -6- IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by duly authorized officers on the day and year first above written. SDG&E "SECOND PARTY" SAN DIEGO GAS & ELECTRIC CO., CITY OF CARLSBAD A Corporation nagement Section rvices Department Drawn By Date MOPAC R/W No. A.P. No. -7- . STATE OF CALIFORNIA COUNTY OF SAN DIEGO ss On J~UAJL ~7 1989 in and for sai State, personally appeared James W. Shepard personally , before me. the undersigned, a Notary Public be the person who executed the within instrument as Land Management known to me (or proved to me on the basis of satisfactory evidence] to Supervisor, Land Services Department, on behalf of San Diepo Gas & Electric company, the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors. WITNESS my hand Signature PRINCIPAL OFFICE IN SAN DIEGO CWNrY EXHIBIT"A" Existing 100' Easement to San Diego Gas& Electric Co. Per Document Recorded Jan 11,1951 in Book 5107, Page 561 of Official Records. EXHIBIT B PARCEL A - STREET DEDICATlsm. (CONT'D) BEGINNING OF A TANGENT 1063.00 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE EASTERLY ALONG THE ARC.OF SAID CURVE THROUGH A CENTRAL ANGLE OF 0lo25'19''' A DISTANCE OF 26.38 FEET TO A POINT ON THE NORTH LINE OF THE SOUT1iW:ESl' QUARTER OF SAID SECTION 26 AND THE POINT OF BEGINNING. MORE OR LESS. ABOVE DESCRIBED PARCEL A CoNTAINS 13815.59 SQ.FT. OR 0.317 ACS. TO BE UNOWN- AS ALGA ROAD. PREPARED BY: CROSBY MEAD BENTON & ASSOCIATES ALGAOSl FEBRUARY 21, 1989 QbllO/OY 12:3.3 , 'O'OIY Y31 IY3Q n I LLI*IAIY-AY I AKA W QWS I. _- 4 EXHIBIT B THAT PORTION OF THE PROP'EF:'l'!( DEFINED IN EXHIBTT 'A" LYING WITHIN 'YHL LlMlTS OF THE E'OI,LOWING DESCRIBED PARCELS: THOSE PORTIONS OF SECTION 26, TOWNSHIP 12 SOUTH, RANGE 4 WEST: DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: SAN BERNARDINO MERIDIAN, YN THE CITY OF CARLSBAU, COUNTY OF SAN PARCEL B - STREET DEDICAT;CC)N, BEGINNING AT THE CENTER QUARTZR CORNER OF SAID SECTION 26 AS THE SOUTHEAST CORNER OF THE, LAND CONVEYED TO WESTANA VIEWPOINT, SHOWN ON RECORD OF SURVEY 'MAP NO. 10774: SAID POINT ALSO BEING ON A CALIFORNIA PARTNERSHIP PER DEED RECORDED 6-29-87 AS F/P NO. 87- 360462, BEING THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTTON; THENCE ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF' SAID SECTION 26 NORTH 89O16'26" WEST (RECORD 89 14'58"H PER MAP NO. 8351) 520.56 FEET TO A POINT ON THE ARC OF A NON TANGENIT 1074.00 FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL TO SAID POINT BEARS SOUTH 03O33'26" EAST; ANGLE OF 06023'2'l" A DISTANCE OF 114.79 FEET; THENCE NORTH THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE EASTERLY ALONG THE 80°03'07" EAST 86.02 FEEYP TO THE BEGINNING OF A TANQENT 1126.00 OF 209.77 FEET; THENCE SOUTH 89016'26'' EAST 108.06 FEET TO THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 1O040'27" A DISTANCE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION: THENCE ALONG SAID EAST LINE SOUTH 00°03'Fi4" EAST 51.00 FEET TO THE POINT OF BEGINNING. ABOVE DESCRIBED PARCEL El CONTAINS 17598.53 9Q.FT. OR 0.404 ACS. MORE OR LESS. TO BE KNOWN AS ALGA ROAD. - PARCEL A - STREET DEDICATIa! COMMENCING AT THE POINT 011 BEGINNING HEREINBEFORE DESCRIBED IN PARCEL B: THENCE ALONG THE: NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 26 NORTH 89O1.6"26" WEST 780.58 FEET TO THE POINT OF BEGINNING: THENCE CONTIMJING ALONG SAID NORTH LINE NORTH 89"16'26" WEST 300.89 FEE1' TO A POINT IN THE BOUNDARY LINE OF SAID RECORD OF SURVEY NO. 10774: THENCE CONTINUING ALONG SAID BOUNDARY LINE NORTH 89°1€i':26" WEST 352.98 FEET; THENCE NORTH 00'21'21" WEST 35.43 FEEl! TO A POINT ON THE ARC OF A NON-TANGENT 1151.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL TO SAID POINT BEARS NORTH 04°10'!;0''' WEST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 10038'03" A DISTANCE OF 213.63 FEET; THENCE SOUTA: 8.3°32'47" EAST 316.52 FEET TO THE Y Y" EXHIBIT B PARCEL F - SLOPE EASEMEN2 COMMENCING AT THE POINT OF BEGINNING HEREINBEFORE DESCRIBED IN PARCEL B; THENCE ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF BEGINNING; THENCE NORTH e,9016'a6" WEST 108.06 FEET TO THE SAID SECTION NORTH OOo03'54" WEST 51.00 FEET TO THE POINT OF BEGINNING OF A TANGENT 1.126.00 FOOT RADIUS CURVE CONCAVh CENTRAL ANGLE OF 10°40'27" A DISTANCE OF 209.77 FEET; THENCE SOUTHERLY: THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A SOUTH 80003'07" WEST 86.02 FEET TO THE BEGINNING OF A TANGENT : 1074.00 FOOT RADIUS CUKVE CONCAVE NORTHERLY: THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 06O23'27" A DISTANCE OF 119.79 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHWEST QUARTER OF SA.11) SECTION 26, A RADIAL TO SAID POINT BEARS SOUTH 03"33'26" EAST'; THENCE ALONG SAID NORTH LINE NORTH 89016'26'' WEST 260.02 FEET TO A POINT ON THE ARC OF A NON-TANGENT 1063.00 FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL TO SAID OF SAID CURVE THROUGH A CENTRAL ANGLE OF Ol"25'19" A DISTANCE OF POINT BEARS SOUTH 05"01'54" WEST; THENCE WESTERLY ALONG THE ARC BEGINNING OF A TANGENT :L151.00 FOOT RADIUS CURVE CONCAVE CENTRAL ANGLE OF 10°3&'03" A DISTANCE OF 213.63 EEET TO A POINT 26.38 FEET; THENCE NORTH 83O32'47" WEST 316.52 FEET TO THE SOUTHERLY: THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A IN THE BOUNDARY LINE OF SAID RECORD OF SURVEY MAP NO. 10774; THENCE ALONG SAID BOUNDARY LINE NORTH 00°21'21" WEST 164.57 FEET: THENCE LEAVING SAID BOUNDARY LINE AND CONTINUING ALONG THE FOLLOWING DESCRIBED COURSES: NORTH 86033'30" EAST 122.00 FEET: FEET; SOUTH 41O59'50" EABT 120.00 FEET: SOUTH 68O37'30" EAST SOUTH 75O43'50" EAST 207.00 FEET; SOUTH 57051'10'' EAST 41.00 25.00 FEET: NORTH 84"06'40" EAST 108.00 FEET; NORTH 89059'38'' EAST a45.00 FEET; soum e2053'04" EAST 186.00 FEET; NORTH 78O43'35" EAST 159.00 FEET; SOUTH ~39~04'15" EAST 126.00 FEET; SOUTH 82O39'18" EAST 56.39 FEET; THENCE SOUTH 00003'54" EAST 12 -00 FEET TO THE POINT <>I? BEGINNING. ABOVE DESCRIBED PARCEL P CONTAINS 92733.66 SQ-FT. OR 2.129 ACS. MORE OR LESS. PREPARED BY: CROSBY MEAD BENTON & ASSOCIATES RE~ISTRATION EXPIRES 3-n-89 ALGAOS1 FEBRUARY 27, 1989 .. ... I EXHIBIT 6 .- .I ,. .I ... COMMENCINQ AT THE POINT OF HEGINNING HEREINBEFORE DESCRIBED IN' PARCEL B; THENCE ALONG THE EAST LINE OF THE NORTHEAST QUARTER OB BEQINNING;' THENCE NORTH 8€9'18'2'!2f3'' WEST 108.08 FEET TO THE SAID SECTION. NORTH 00'03'54" WEST 51.00 BEET TO THE POINT OF BEGINNING ,OF A TANGENT 1,128.00 FOOT RADIUS CURVE CONCAVE BOUTHERLY; THENCE WESTERLY AIIONQ THE ARC OF SAID CURVE THROUGH A' CENTRAL ANGLE OB 10'40'27'' .A DISTANCE OF 209.77 FEET; THENCE SOUTH 80.03'07'' WEST 86.02 FEET; THENCE .NORTH OQ'66'53" WEST 29.53 FEET: THENCE'SOUTH 82"53'04''..EAST 69.34 FEET; THENCE NORTH 78'43'35" EAST 169.00 FEET; THENCG.SOUTH. 89'04'15" EAST 126.00 FEET; THENCE BOUTH 82*39'1,5" EAST 56.99 FEET; THENCE SOUTH 00'03'54" EAST 12.00 FEET TO THE POINT OF BEGINNING. ABOVE DESCRIBED PARCEL H CONTAINS 6665.68 SQ. FT. OR 0.153 ACS. MORE OR LESS. PREPARED BY: CROSBY MEAD BBNTON & ASSOCIAI'ES No. 14594 ALGAOSl JUNE 2, 1989 I. .I , ~. . . c b0’d . : . .. .. . , ,. ZW'd . S0'd I \ 1 . .. 1 ... , .. ., , i,. .