HomeMy WebLinkAbout1989-06-27; City Council; 10103; Acceptance Of Grant Deed AviaraD ul 7
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CI’P’OF CARLSBAD - AGENDA BILL /I3
48# /o, /83 Tit LE: ACCEPTANCE OF A GRANT DEED
MTG. 6-37-89 FOR PUBLIC ROAD PURPOSES
AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP DEPT.- PR 3.4.58/MP 177
RECOMMENDED ACTION:
Adopt Resolution No.f%@? accepting Grant Deed for public road purposes.
ITEM EXPLANATION:
As a condition of approval of the Pacific Rim Master Plan, MP 177, the owner
is required to offer for dedication 102 feet of right-of-way across portions
of Sections 26 and 27, Township 12 South, Range 4 West, San Bernardino
Meridian, in the City of Carlsbad, County of San Diego, State of California.
The parcels of land being conveyed will be used for the full width construction
of Alga Road and Poinsettia Lane.
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. Grant Deed from Aviara Land Associates Limited Partnership dated
.
3. Subordeation Agreement from First Interstate Bank of California, dated
/p-h -s-ql .
4. Resolution No. BFAfl? accepting Grant Deed for public road purposes.
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- - LOCATION MA/-
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-- - - FUTURE ROAD
EXISTINO AOAO
l PROPOSE0 PROJECT
I PROJECT NAME PROJ. NC. EXHIBIT
ALGA ROAD PR3.4.58 B
RECORDING REQUESTED BY -’
* I
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AWD WHEN RECORDED MAIL TO
r 1 City Clerk
Name City of Carlsbad
Street Address 1200 Elm Avenue
Carlsbad, CA 92008
City & State L -l
MAIL TAX STATEMENTS TO r 1
Name
Street Address
City & State L -l
-SPACE ABOVE THIS LINE FOR RECORDER’S USE
CAT. NO. NN00586 Partnership Grant Deed
TO 1925 CA (2-83) THIS FORM FURNISHED BY TICOR TITLE INSURERS
PR 3.4.58
The undersigned grantor(s) declare(s): Documentary transfer tax is -O-
( ) 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 Carl sbad , and
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Aviara Land Associates Limited Partnership limited
hereby GRANTS to
partnership organized under the laws of the State of De1 aware
the City of Carlsbad, a Municipal Corporation
the following described real property in the ci ty of CarI sba
Countyof San Diego , State of Ca ifornia. P
An easement for public street purposes , an easement for drainage purposes, an
easement for sidewalk purposes and an easement of relinquishment and waiver of abutter's
right of access , all as decribed on Exhibit "A" attached hereto and made a part
hereof.
The attached Exhibit "B", plat to accompany legal description, is provided for
clarification only.
Aviara Land Associates Limited
Partnership, a Limited Partnership
Aviara Land Company, a Delaware
Dated: 6 - /5x9 Corwration, General Partner
On this the
e to be the person who executed the within instrument as the
FOR NOTARY SEAL OR STAMP
t6
G, that such corporation executed the same as such partner and that
$1‘ 8
such partnership executed the same.
WITNESS my hand and official seal. Notary Puhlic-Californla OllANGE COUNTY
Signature
PR 3.4.58/CT85-35
AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP
TITLE .REPORT NO. 1170625
EXHIBIT "A" LEGAL DESCRIPTION
THOSE PORTIONS OF SECTIONS 26 AND 27, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORJIIA, DESCRIBED AS FOLLOWS:
PARCEL A - STREET DEDICATIOJ.1
COMMENCIPJG AT THE CORNER COMMOIJ TO SECTIONS 21, 22, 27 AND 28 AS
SHOWN ON RECORD OF SURVEY NO. 10774; THENCE SOUTH OOO34'18" WEST
ALONG THE WEST LINE OF SAID SECTLOIJ 111.22 FEET TO THE POINT OF
BEGINJJIJJG; THENCE LEAVING SAID WEST LINE JJORTH 72O47'00" EAST
128.67 FEET TO THE BEGINNING OF A TArJGENT 25.00 FOOT RADIUS CURVE COJJCAVE NORTHWESTERLY; THENCE NORTHEASTERLY AND NORTHERLY ALONG THE ARC OF SAID CJJRVE THROUGH A CENTRAL ANGLE OF 90°00'00" A DISTANCE OF 39.27 FEET; THENCE NORTH 72O47'00" EAST 99.72 FEET; THENCE SOUTH 86O58'38" EAST 5.59 FEET To A POINT 0N THE ARC OF A NON-TANGENT 25.00 FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL
LINE TO SAID POINT BEARS SOUTH 68O20'47" WEST; THENCE
SOUTHEASTERLY AND EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 85O33'47" A DISTANCE OF 37.33 FEET: THENCE SOUTH 17°13'00" EAST 51.00 FEET; THENCE NORTH 72O47'00" EAST 2.76 FEET: THENCE SOUTH 17°13'OO" EAST 51.00 FEET TO A POINT ON THE ARC OF A NON-TANGENT 25.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 17°3.3'OO" WEST: THENCE SOUTHWESTERLY AND SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 87°30'OO" A DISTANCE OF 38.18 FEET TO A POINT, SAID POINT HEREIr?AFTER DESIGNATED POINT I,A" ; THENCE SOUTH 75017'00" WEST 57.00 FEET: THErJCE SOUTH 14O43'00" EAST 18.91 FEET: THENCE SOUTH 75O17'00" WEST 51.00 FEET TO A POINT ON THE ARC OF A NON-TANGEFJT 25.00 FOOT RADIUS CURVE COPJCAVE SOUTHERLY, A
RADIAL LINE TO SAID POIIJT BEARS IJORTH 75017'00" EAST: THENCE
NORTHWESTERLY AND WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 92°30'OO" A DISTANCE OF 40.36 FEET: THENCE SOUTH
72O47'00" WEST 161.34 FEET TO A POINT OFI THE WEST LINE OF SAID
SECTION 27; THEFJCE ALONG SAID WEST LINE NORTH OOO34'18" EAST
119.72 FEET TO THE POIFJT OF BEGINNIIJG OF THIS DESCRIPTIOM.
ABOVE DESCRIBED PARCEL A CONTAINS 39045.15 SO.FT. OR 0.896 ACS.
MORE OR LESS.
TO BE KNOWN AS POINSETTIA LANE.
PREPARED BY:
CROSBY MEAD BENTON AND ASSOCIATES
REGISTRATIOM EXPIRES 3-31-89 6-15-89
Exhibit l’A’m
Sheet 1 of 12
.-
PARCEL B - STREET DEDICATION
BEGIMNING AT POINT "A" OF PARCEL A HEREINBEFORE DESCRIBED: THENCE SOUTH 14043'00" EAST 355.88 FEET: THENCE SOUTH 13O43'20" EAST 338.79 FEET TO THE BEGINNING OF A TAMGENT 799.00 FOOT RADIUS CONCAVE NORTHEASTERLY: THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 73Ol1'40" A DISTANCE OF 1020.71 FEET: THEI%JCE SOUTH 86O55'00" EAST 354.22 FEET TO THE BEGINNING OF A TAldGENT 1001.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY: THENCE EASTERLY AND SOUTHEASTERLY ALOJJG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 27°08'OO" A DISTArlCE OF 474.04 FEET; THENCE SOUTH 59O47'00" EAST 1692.75 FEET TO THE BEGINNING OF A TANGENT 951.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY: THEIJCE
SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE
OF 39O29'00" A DISTANCE OF 655.35 FEET: THENCE SOUTH 20°18'OO"
EAST 444.74 FEET TO THE BEGINNING OF A TANGENT 899.00 FOOT RADIUS
CURVE CONCAVE NORTHERLY: THENCE NORTHEASTERLY 'ALONG
SOUTHEASTERLY, EASTERLY AND
SAID CURVE THROUGH A CENTRAL ANGLE OF 119°04'20" A DISTANCE OF 1868.30 FEET: THEIJCE NORTH 4OO37'40" EAST 452.67 FEET TO THE BEGINNING OF A TANGENT 1151.00 FOOT
RADIUS CURVE CONCAVE SOUTHEASTERLY: THEMCF NORTHEASTERLY AND
EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 45O11'30" A DISTANCE OF 907.84 FEET TO A POINT IN THE EASTERLY BOUNDARY LINE OF RECORD OF SURVEY No. 10774; TwmcE ALONG SAID
EASTERLY BOUNDARY LINE SOUTH 00021'21" EAST 35.43 FEET, SOUTH 89O16'26" EAST 252.98 FEET AJJD SOUTH OO"43'1.9" WEST 68.72 FEET;
THENCE LEAVING SAID EASTERLY BOUI.JDARY LINE ITORTH 86O27'40" WEST
103.85 FEET TO THE BEGIJJNING OF A TANGEIJT 1049.00 FOOT RADIUS
CURVE CONCAVE SOUTHEASTERLY: THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL AJJGLE OF 52O54'40" A DISTANCE OF
968.72 FEET: THENCE SOUTH 40037'40" WEST 452.67 FEET To THE BEGINJJING OF A TANGENT 1001.00 FOOT RADIUS CURVE CONCAVE
NORTHERLY; THENCE SOUTHWESTERLY, WESTERLY AI-LJD NORTHWESTERLY ALOIJG
THE ARC OF SAID CURVE THROUGH A CEI%JTRAL AIJGLE OF 119°04'20" A
DISTANCE OF 2080.28 FEET; THEFJCE IJORTH 20°18'00" WEST 444.74 FEET
TO THE BEGINNING OF A TANGENT 849.00 FOOT RADIUS CURVE COrJCAVE SOUTHWESTERLY: THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 39O29'00" A DISTANCE OF 585.06 FEET: THENCE MORTH 59O47'00" WEST 149.68 FEET TO A POINT, SAID POIMT
HEREINAFTER DESIGNATED POINT B; THENCE CONTINUING NORTH 59O47'00"
WEST 516.66 FEET: THENCE NORTH 6OO55'38" WEST 300.56 FEET:
THENCE NORTH 59°47'OO" WEST 500.49 FEET: THENCE NORTH 59Ol3'45"
WEST 244.15 FEET TO THE BEGINNING OF A TANGENT 800.00 FOOT
RADIUS CURVE CONCAVE SOUTHERLY: THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL AlJGLE OF 16°03'17" A DISTANCE OF 224.17 FEET TO A POIJJT OF COMPOIJND CURVATURE WITH A 899.00 FOOT RADIUS CIJRVE COMCAVE SOUTHERLY, A RADIAL TO SAID POINT BEARS
NORTH 14O42'58" EAST; THENCE WESTERLY ALONG THE ARC OF SAID 899.00 FOOT RADIUS CURVE THROIJGH A CENTRAL AIJGLE OF llO37'58" A
DISTAlJCE OF 182.52 FEET: THENCE NORTH 86O55'00" WEST 354.22 FEET
TO THE BEGINNING OF A TANGENT 901.00 FOOT RADIIJS CURVE CONCAVE
NORTHEASTERLY; THEJJCE NORTHWESTERLY ALOIJG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 72O12'00" A DISTAFJCE OF 1135.38 FEET:
THENCE JJORTH 14O43 ' 00" WEST 689.58 FEET; THEIJCE NORTH 75O17'00" EAST 51.00 FEET; THENCE NORTH 14O4.3 '00" WEST 18.91 FEET: THEPTCE
lJORTH 75O17'00" EAST 57.00 FEET TO THE POIIdT OF BEGINNING OF THIS
DESCRIPTION.
ABOVE DESCRIBED PARCEL B CONTAINS 904363.27 SO-FT. OR 20.761 ACS.
MORE OR LESS.
TO BE KPJOJJI-J AS ALGA ROAD.
Exhibit “A”
Sheet 2 of 12
PARCEL "F-1" ym DRAINAGE EASEMENT
BEGINNING AT POINT B HEREINBEFORE DESCRIBED IN PARCEL B; THENCE
SOUTH 27O13'00" WEST 86.99 FEET TO THE BEGINNING OF A TANGENT
311.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE SOUTHERLY ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 34O18'20" A
DISTANCE OF 186.21 FEET: THEJTCE SOUTH 07°05'20" EAST 92.27 FEET TO THE BEGINNING OF A TANGENT 89.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 31°00'00" A DISTAJJCE OF 48.15 FEET; THENCE SOUTH 23O54'40" WEST 107.27 FEET: THEPTCE NORTH 66OO5'20" WEST 20.00 FEET: THENCE NORTH 23O54'40" EAST 107.27 FEET TO THE BEGINNIMG OF A TAMGENT 69.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 31°00'OO" A DISTANCE OF 37.33 FEET: THENCE PJORTH O'i"05'20" WEST 92.27 FEET TO THE BEGINNING OF A TAJJGENT 331.00 FOOT RADIUS CURVE C9NCAVE EASTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 34O18'20" A DISTANCE OF 198.18 FEET; THENCE NORTH 27O13'00" EAST 88.04 FEET TO A POINT IN THE SOUTHWESTERLY LINE OF PARCEL B HEREINBEFORE DESCRIBED; THENCE ALONG SAID SOUTHWESTERLY LINE SOUTH 59O47'00" EAST 20.03 FEET TO
THE POINT OF BEGINNING OF THIS DESCRIPTION.
ABOVE DESCRIBED PARCEL "F-l" CONTAINS 10439.87 SQ.FT. OR 0.240 ACS. MORE OR LESS.
Exhibit “A”
Sheet 3 of 12
-,
PARCEL "C" - SIDEWALK EASEMENT
COMMENCING AT THE CORNER COMMON TO SECTIONS 21, 22, 27 AND 28 AS SHOWN 0rJ RECORD OF SURVEY No. 10774; THENCE SOUTH OOO34'18" WEST
ALONG THE WEST LINE OF SECTION 27. A DISTANCE OF 230.94 FEET TO THE SOUTHWEST CORNER OF PARCEL "A" AS DESCRIBED HEREIN, THEMCE LEAVING SAID WEST LINE AND CONTINUING ALONG THE'SOUTHERLY LINE OF SAID PARCEL "A" , NORTH 72O47'00" EAST 161.34 FEET TO THE
BEGINNING OF A TANGENT 25.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY;
THENCE EASTERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 92°30'OO" A DISTANCE OF 40.36 FEET TO A POINT ON THE SOUTHWESTERLY LINE OF PARCEL " B " AS DESCRIBED HEREIN: THENCE ALOJJG SAID SOUTHWESTERLY LINE SOUTH 14O43'00" EAST 689.58 FEET TO THE BEGINNING OF A TANGENT 901.00 FOOT RADIUS
CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG THE ARC
OF SAID CURVE THROIJGH A CENTRAL AJ'JGLE OF 15O32'45" A DISTANCE OF 244.47 FEET TO THE POINT OF BEGINNING, A RADIAL TO SAID POINT
BEARS SOUTH 59O44'15" WEST: THENCE CONTINUING SOUTHEASTERLY ALONG
THE ARC OF SAID CURVE AND THE RADIUS THEREOF THROUGH A CENTRAL AI?JGLE OF 2OO13'19" A DISTANCE OF 318.00 FEET TO A POINT, SAID
POINT HEREINAFTER DESIGNATED POINT " c " I A RADIAL TO SAID POINT
BEARS SOUTH 39O30'55" WEST: THEJJCE LEAVING THE ARC OF SAID CURVE RADIALLY SOUTH 39O30'55" WEST 15.00 FEET TO A POINT OJ'J THE ARC OF A NON-TANGENT 916.00 FOOT RADIJJS CURVE COlTCAVE NORTHEASTERLY: THEIJCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ArJGLE OF 2OO13'19" A DISTFIJCE OF 323.29 FEET: THEEJCE
LEAVING THE ARC OF SAID CURVE RADIALIgY NORTH 59°44'15" EAST 15.00
FEET TO THE POINT OF BEGINNING.
ABOVE DESCRIBED PARCEL "C" CONTAINS 4809.75 SQ. FT. OR 0.110 ACRES MORE OF LESS.
Exhibit “A”
Sheet 4 of 12
.: , ,
PARCEL "D" - SIDEWALK EASEMENT
1 COMMENCING AT POINT "CT" OF PARCEL "C" HEREINBEFORE DESCRIBED, SAID POINT BEING A POINT ON THE ARC OF A 901.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY: THENCE SOUTHEASTERLY AND EASTERLY ALOMG THE ARC OF SAID CURVE THROUGH A CEIITRAL ANGLE OF 12°08'OO" A DISTANCE OF 190.80 FEET TO THE POINT OF BEGINNING, A RADIAL TO SAID POINT BEARS SOUTH 27O22'56" WEST; THENCE EASTERLY ALONG THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF lOO47'06" A DISTANCE OF 169.60 FEET TO A POINT, SAID POINT HEREINAFTER DESIGNATED POINT I'D" , A RADIAL TO SAID POINT BEARS SOUTH 16O35'49" WEST; THENCE LEAVING THE ARC OF SAID CURVE RADIALLY SOUTH 16O35'49" WEST 15.00 FEET TO A POINT ON THE ARC OF A 916.00 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF lOO47'06" A DISTAMCE OF 172.42 FEET; THENCE LEAVING THE ARC OF SAID CURVE RADIALLY NORTH 27O22'56" EAST 15.00 FEET TO THE POINT OF BEGINNING.
ABOVE DESCRIBED PARCEL " D " COIJTAINS 2565.22 SQ. FT. OR 0.0589 ACRES MORE OR LESS.
Exhibit “A”
Sheet 5 of 12
PARCEL "E" - SIDEWALK EASEMENT
COMMENCING AT POINT "D" OF PARCEL " c " HEREIrJBEFORE DESCRIBED, SAID POING BEING A POINT ON THE ARC OF A 901.00 FOOT RADIUS CRUVE CONCAVE NORTHERLY: THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 13O30'49" A DISTAFJCE OF 212.51 FEET; THENCE SOUTH 86O55'00" EAST 354.22 FEET TO THE BEGINNING OF A TANGENT 899.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY: THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF llO37'58" A DISTANCE OF 182.52 FEET TO A POINT OF COMPOUND CURVATURE WITH AN 800.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADTAL TO SAID POINT BEARS NORTH 14O42'58" EAST: THENCE FASTERLY
ALOrJG THE ARC OF SAID 800.00 FOOT CURVE THROUGH A CENTRAL P:dGLE OF 16OO3'17" A DISTANCE OF 224.1.7 FEET: THE"TCE SOUTH 59Ol3'45" EAST 244.15 FEET; THENCE SOUTH 59047'00" EAST 500.49; THENCE SOUTH 60055'35" EAST 300.56 FEET: THENCE SOTJTH 59O47'00" EAST 666.34 FEET TO THE BEGINI\TIIJG OF A TANGENT 849.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY: THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL AMGLE OF 35°31.'Ol" A DISTA!JCE OF 521.35 FEET TO THE POINT OF BEGINrJTNG, A RADIAL TO SAID POIrJT BEARS NORTH 65O24'01" EAST: THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 04O17'59" A DISTANCE OF
63.71 FEET: THENCE SOUTH 20°18'OO" EAST 342.46 FEET TO A POINT,
SAID POINT HEREINAFTER DESIGNATED POINT "E" ; THENCE SOUTH
69O42'00" WEST 15.00 FEET; THENCE NORTH 20°18’OO” WEST 342.46 FEET TO THE BEGINNING OF A TANGErIT 834.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE NORTHMESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ArJGLE OF 04017 ' 59" A DISTANCE OF 62.59 FEET; THENCE LEAVING THE ARC OF SAID CURVE RADIALLY NORTH 65O24'01" EAST 15.00 FEET TO THE POITJT OF BEGIITI~JING.
ABOVE DESCRIBED PARCEL "E" CONTAINS 6084.15 SQ. FT. OR 0.140
ACRES MORE OR LESS.
Exhibit “A”
Sheet 6 of 12
PARCEL "G" - SIDEWALK EASEMENT
COMMENCING AT J?OINT "E" OF PARCEL " E " HEREINBEFORE DESCRIBED; THEITCE SOIJTH 20°18'OO" EAST 102.28 FEET TO THE BEGLNNIPlG OF A TANGENT 1001.00 FOOT RADIUS CURVE CONCAVE FJORTHERLY; THENCE SOUTHESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 05O53'37" A DISTANCE OF 102.97 FEET TO THE POINT OF BEGINNING, A RADIAL TO SAID POINT BEARS SOUTH 63O48'23" WEST; THErJCE CONTINUING ALONG THE ARC OF SAID CURVE AND THE RADIUS THEREOF THROUGH A CENTRAL ANGLE OF 22O55'06" A DISTAbJCE OF 400.40 FEET TO A POINT, SAID POINT HEREINAFTER DESIGNATED POINT IfF" ; THENCE LEAVING THE ARC OF SAID CURVE RADIALLY SOUTH 4OO53'17" WEST 15.00 FEET TO A POINT ON THE ARC OF A 1016.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY: THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 22O55'06" A DISTAI,JCE OF 406.40 FEET; THENCE LEAVING THE ARC OF SAID CURVE RADIALLY NORTH 63O49'23"
EAST 15.00 FEET TO THE POINT OF BEGINNING.
ABOVE DESCRIBED PARCEL "G" CONTAINS 6051.01 SQ. FT. OR 0.139 ACRES MORE OR LESS.
Exhibit “A”
Sheet 7 of 12
PARCEL "H" - SIDEWALK EASEMENT
COMMENCING AT POIIJT " F " OF PARCEL "G" HEREIMBEFORE DESCRIBED, SAID POINT BEING A POINT ON THE ARC OF A 1001.00 FOOT RADIUS CURVE CONCAVE NORTHERLY: A RADIAL LIrJE TO SAID POIPTT BEARS SOUTH 40O53'17" WEST; THENCE SOUTHEASTERLY AND EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 5OO9'42" A DISTANCE OF 885.09 FEET TO THE POINT OF BEGINNING, A RADIAL TO SAID POINT BEARS SOUTH 09O46 ' 24" EAST; THENCE CONTINUING EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 09OO2'45" A DISTANCE OF 158.05 FEET TO A POINT, SAID POINT HEREINAFTER DESIGNATED POINT "G" , A RADIAL TO SAID POINT BEARS SOUTH 18O49'13" EAST:
THENCE LEAVING THE ARC OF SAID CURVE RADIALLY SOUTH 18O49'13" EAST 15.00 FEET TO A POINT Or? THE ARC OF A 1016.00 FOOT RADIUS
CONCAVE NORTHERLY: THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 09OO2'48" A DISTANCE OF 160.42 FEET; THENCE LEAVING THE ARC OF SAID CURVE RADIALLY NORTH 09O46'24"
WEST 15.00 FEET TO THE POINT OF BEGII.lNING.
ABOVE DESCRIRED PARCEL "H" CONTAINS 2388.62 SQ. FT. OR 0.055 ACRES MORE OR LESS.
Exhibit “A”
Sheet 8 of 12
PARCEL "I" - SIDEWALK EASEMENT
COMMENCING AT POINT " G " OF PARCEL "H" HEREINBEFORE DESCRIBED,
SAID POIrJT BEING A POINT OrJ THE ARC OF A 1001.00 FOOT RADIUS CJJRVE CONCAVE MORTHWESTERLY; A RADIAL TO SAID POINT BEARS SOUTH 18O49'13" WEST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CEMTRAL ANGLE OF llO45'39" A DISTArJCE OF 205.47 FEET TO THE POINT OF BEGINNING, A RADIAL TO SAID POINT BEARS SOUTH 3OO34'51" EAST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 18O47'29" A DISTANCE OF 328.30 FEET:
THENCE NORTH 4OO37'40" EAST 438.43 FEET TO A POINT, SAID POINT
HEREINAFTER DESIGNATED POIJJT )1 H @I ; THENCE SOUTH 49O22'20" EAST 15.00 FEET: THENCE SOlJTH 40037'40" WEST 438.43 FEET TO THE BEGINNING OF A TAMGENT 1016.00 FOOT RADIJJS CURVE CONCAVE NORTHWESTERLY: THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROTJGH A CENTRAL ANGLE OF lSO47'29" A DISTANCE OF 333.22 FEET; THENCE LEAVING THE ARC OF SAID CURVE RADIALLY NORTH 30O34'51" WEST 15.00 FEET TO THE POINT OF BEGINNING.
ABOVE DESCRIBED PARCEL "I" CONTAINS 11537.84 SQ. FT. OR 0.265 ACRES MORE OR LESS.
Exhibit “A”
Sheet 9 of 12
PARCEL "J" - SIDEWALK EASEMENT
COMMENCIMG AT POINT " H " OF PARCEL "I" HERETNBEFORE DESCRIBED; THENCE NORTH 40O37'40" EAST 14.24 FEET TO THE BEGINNING OF A TANGENT 1049.00 FOOT RADIUS CURVE CONCAVE SOJJTHEASTERLY: THENCE
NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 24O31'14" A DISTANCE OF 448.93 FEET TO THE POINT OF BEGINNING; A RADIAL TO SAID POINT BEARS NORTH 24O52'06" WEST: THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 28O23'26" A DISTANCE OF 512.36 FEET; THENCE SOUTH 86O27'40" EAST 54.94 FEET: THENCE SOUTH 03O32'20" WEST 15.00 FEET: THENCE NORTH 86O27'40" WEST 54.94 FEET TO THE BEGINNING OF A TANGENT 1034.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY: THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 28O23'26" A DISTAMCE OF 512.36 FEET; THENCE LEAVING THE ARC OF SAID CURVE RADIALLY NORTH 24O51'06" WEST 15.00 FEET TO THE POINT OF BEGINNING.
ABOVE DESCRIBED PARCEL "J" CONTAINS 8565.19 SO. FT. OR 0.197
ACRES MORE OR LESS.
Exhibit “A”
Sheet 10 of 12
PARCEL K - STREET DEDICATION
COMMENCING AT THE CORNER COMMON TO SECTIOJJS 21, 22, 27 AIJD 28 AS SHOWN ON RECORD OF SURVEY NO. 10774: THEJJCE ALOJJG THE ITORTH LINE OF SAID SECTION 27 SOUTH 86O58'38" EAST 127.57 FEET: THENCE LEAVING SAID MORTH SECTION LIrJE OF SAID SECTIOPJ 27 SOUTH 17°13'OO" EAST 1.07 FEET TO THE POINT OF BEGIIJNING; THENCE SOUTH 86O58'38" EAST 103.20 FEET: THENCE SOUTH 72O47'00" WEST 96.83 FEET; THENCE NORTH 17013'00" WEST 35.70 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION.
ABOVE DESCRIBED PARCEL K CONTAINS 1728.50 SQ. FT. OR 0.040 ACS. MORE OR LESS.
TO BE KNOWN AS POINSETTIA LANE.
Exhibit “A”
Sheet 11 of 12
PARCEL K-l - STREET RESERVATION
COMMENCING AT THE CORNER COMMON TO SECTIONS 21, 22, 27 AND 28 AS
sHowN 0N RECORD OF STJRVEY MO. 10774; THENCE ALONG THE NORTH LINE
OF SAID SECTION 27 SOUTH 86O58'38" EAST 127.57 FEET TO THE POINT
OF BEGINNING; THENCE COMTINUING ALONG SAID NORTH SECTION LINE OF
SAID SECTION 27 SOUTH 86O58'38" EAST 108.73 FEET TO A POINT ON THE ARC OF A NONTANGENT 25.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, A RADIAL TO SAID POINT BEARS SOUTH 7OO50'39" WEST: THENCE LEAVING SAID NORTH SECTION LINE AND CONTINUING SOUTHEASTERLY ALONG THE ARC OF SAID 25.00 FOOT RADIUS CURVE THROUGH A CENTAL ANGLE OF 02O29'53" A DISTANCE OF 1.09 FEET; THENCE 1,JORTH 86O58'38" WEST 108.79 FEET: THENCE NORTH 17°13'OO" WEST 1.07 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION.
ABOVE DESCRIBED PARCEL K-l CONTAINS 108.75 SQ. FT. OR 0.002 ACS.
MORE OR LESS.
Exhibit “A”
Sheet 12 of 12
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CERTIFICATION FOR ACCEPTANCE OF DEED
This is to certify that the interest in real property
conveyed by the deed or grant dated June 15, 1989
from Aviara Land Associates Limited Partnership
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. 89-207 , adopted
on June 27, 1989 , and the grantee consents to the
recordation thereof by its duly authorized officer.
DATED: June 28, 1989
By: d&tk & R,& ALETHA L. RAUTENKFWNZ, Cit$y Clerk
”
1 . , .
RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO:
i CITY OF CARLSBAD 1 1200 Elm Avenue
Carlsbad, CA 92008
Space above this line for Recorder's use.
SUBORDINATION AGREEMENT
* piq -3.'h-.S3
fl1.bc.l r.:,m u
NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR
SECURITY INTEREST IN THE PROPERTY BECOMING
SUBJECT TO AN ESTATE IN THE REAL PROPERTY
TO WHICH YOUR SECURITY INSTRUMENT ATTACHES
AND HAS THE POTENTIAL EFFECT OF REDUCING
THE VALUE OF YOUR SECURITY INTEREST.
THIS AGREEMENT, made this i%hday of June 1989 by
Aviara Land Associates, Limited Partnership, a Delaware limited partnership
hereinafter referred to as "Owner," owner of the land and First Interstate Bank
of California, a California Corporation, hereinafter referred to as
"Beneficiary" ; present owner and holder of the deed of trust hereinafter
described;
WITNESSETH
THAT WHEREAS, Aviara Land Associates Limited Partnership a Delaware
Limited Partnership did execute a deed of trust, dated December 20, 1988, to
First Interstate Bank of California, a California Corporation as trustee,
covering Portions of Sections 22, 26, 27, 28 33 and 34 all in Township 12 South,
Range 4 West San Bernardino Meridian, in the City of Carlsbad, County of San
Diego State of California, to secure a note in the sum of One Hundred Twenty
Five Million Dollars ($125,000,000) dated December 20, 1988, in favor of First
Interstate Bank of California recorded in the office of the County Recorder of
San Diego County on December 23, 1988, as File No. 88-661636 of Official Records
of said county; and
WHEREAS, Owner has executed, or is about to execute, as grantor, a
grant of Easement dated G-1 5- $9 , in favor of the City of Carlsbad as
grantee herein referred to as "Easement Grantee," creating an Easement more
particularly described in Exhibit A attached hereto; and-
WHEREAS, Easement Grantee is willing to accept said Easement
provided the grant of Easement is a charge upon the above described property
prior and superior to the lien or charge of the deed of trust above mentioned
and provided that beneficiary will specifically and unconditionally subordinate
the lien or charge of the deed of trust above mentioned to the lien or charge
of the Easement created in favor of Easement Grantee; and
WHEREAS, it is to the mutual benefit of the parties hereto that
Easement Grantee accept said Easement and Beneficiary is willing that the grant
of Easement shall, when recorded, constitute a charge upon said land which is
unconditionally prior and superior to the lien or charge of the deed of trust
above mentioned.
NOW, THEREFORE, in consideration of the mutual benefits accruing
to the parties hereto and other valuable consideration, the receipt and
sufficiency of which consideration is hereby acknowledged, and in order to
induce Easement Grantee to accept said Easement above referred to, it is hereby
declared, understood and agreed as follows:
1. That said Easement in favor of Easement Grantee shall
unconditionally be and remain at all times a charge on the property therein
described, prior and superior to the lien or charge of the deed of trust above
mentioned.
2. That Easement Grantee would not accept said Easement above
described without this subordination agreement.
3. That this agreement shall be the whole and only agreement with
regard to the subordination of the lien or charge of the deed of trust above
mentioned to the Easement in favor of Easement Grantee above referred to and
shall supersede and cancel, but only insofar as would affect the priority
between the deed of trust and Easement hereinbefore specifically described, any
prior agreement as to such subordination including, but not limited, those
provisions, if any, contained in the deed of trust above mentioned, which
provide for the subordination of the lien or charge thereof to another interest
in the real property therein described.
BENEFICIARY declares, agrees and acknowledges that:
1. He consents to and approved the grant of Easement in favor of
the Easement Grantee.
2. He intentionally and unconditionally waives, relinquishes and
subordinates the lien or charge of the deed of trust above mentioned to the
Easement in favor of Easement Grantee above referred to and understands that in
reliance upon, and in consideration of, this waiver, relinquishment and
subordination of the grant of Easement is being executed and delivered, the
Easement is being created, and that specific monetary and other obligations are
being and will be entered into by the Easement Grantee, other lenders and title
insurance companies which would not be made or entered into but for said
reliance upon the waiver, relinquishment and subordination; and
3. This agreement represents an endorsement to the
f
deed of trust above mentioned/tEi
note secured by the .’ ; ! \ :\
said deed of trust has by this instrument
been subordinated to the charge of the Easement in favor of Easement Grantee
above referred to .
BENEFICIARY OWNER
First Interstate Bank of California AVIARA LAND ASSOCIATES LIMITED I PARTNERSHIP
Aviara Land Company, General Partner
By: I& -LU.. c (V\C' y-L LLQ &L
Kevin P. McKenna, Assistant
Vice President
. :
.'\ ;'\\ .\ \ \, ' . .-
By : ",. ,, z A;,' .\. j.h * I
I/;+ Pres;Jc*+- /'
By:
Ehrbara Moore, Vice President
Partner . . . _-
By:
VP-F :w*rc f lj-s.H. L--)-.
NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRETARY OR ASSISTANT
SECRETARY MUST SIGN FOR CORPORATE EXECUTIONS OF THIS DOCUMENT. ALTERNATELY A
TRUE COPY OF A RESOLUTION OF THE BOARD OF DIRECTORS THAT IS SIGNED BY THE
SECRETARY OR ASSISTANT SECRETARY OF THE CORPORATION, UNDER CORPORATE SEAL
SPECIFICALLY EMPOWERING THE INDIVIDUAL SIGNING IN BEHALF OF THE CORPORATION WILL
SHOW SUFFICIENT AUTHORITY OF SAID INDIVIDUAL TO ACT IN THIS MATTER.
IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS SUBORDINATION AGREEMENT,
THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO.
Approved as to form:
(Notarial acknowledgem$nt of execution by DEVELOPER and SURETY must be attached.)
,. * .
.
STATE OF CALIFORNIA Iss.
m E I-
: I COUNTY OF-m i
On- 15, 1989 , before me, the undersigned, a Notary Public in and for
said State, personally appeared Kevin P. McKenna and .L! ii rc
Ic
, personally known to me (or proved to me on the
$2
basis of satisfactory evidence) to be the persons who executed the within instrument as
iiE Assistant Vice President an~~J?TXS~f&r$, on behalf of -0 50 ,a Callfom,S First Interstab mk OT
mu b: 0.L 52 u,C
I
the corporation therein named, and acknowledged to me that
such corporation executed the
by-laws or a resolution of its board of directors.
WIT&SS-my hand and&ftPia
///j
Signaturp (I” ~;$?t?t?<
/
OFflClAL SEAL MONA I. RUSSELL NUIAKY I’UBI ICCALIFOHNIA
PRINCIPAL OFFICE IN ORANGE COUNTY
My Commrssron Expires Sept 18 1992
(This area for official notarial seal)
. . .
STATE OF CALIFORNIA :ss COUNTY OF SAN DIEGO 1 i / &- /<.I ','( f //l.! ./5:"', F'before me the undersigned a/no,$,a~y public I inand for said stat;, personally appeared -.'..,f $, /: *; / , I , ,f-,, (personally known to me) (Proved to.me on the basis of satisfactory' ‘. ,' ,.' f t I president, and known to me) (proved,-to- me---on-the to be the I 7-T ;. :.'
secretary of Aviara Land Company, a Delaware Corporation, the corporation that executed the within instrument and (personally known to me) (proved to me on the basis of satisfactory evidence) to be a general partner of Aviara Land Associates Limited Partnership, a Delaware limited partnership, the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same.
/. / r.
Witness my hand ( ,'/A ,' ir( / / _ f,. , , y
Notary Public in and for said State
I' My Commission expires._~j,',z,*{. 2' ,/‘<‘/ / i I /
MlNLEEN A ARNOLD
Name A<:;] A,( [ I/ ,I,,’ ,I:; ,;,; ‘:;I, &,? ‘;,,/;;,;1)1 ’ , >, 4 /,” ; ,; ; )
Principal Place of Business STATE OF CALIFORNIA 1 ) :ss COUNTY OF SAN DIEGO 1
On <.,'/ii ;A( /ii ,I', ,( ' ,,,, before me, the undersigned, a notary public in &nd for said state, personally appeared ' '. ;/,- ' (personally known to me) (Proved to me on the basis 02 satisf';ctory evidenFy),,t,o be !. /., 'i' ,/f ,,.x : / ' ;. the president, and \ ,, ( (personally'known to me) (proved to me on the basis--of satisfactory evidence) to be the ! 1 . . ,/, : secretary of Republic Development Company, a California Corporation the corporation that executed the within instrument and (personally known to me) (proved to me on the basis of satisfactory evidence) to be a general partner of Aviara Land Associates Limited Partnership, a Delaware limited partnership, the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same.
/
I ,.’ ,:j/-: I Witness my hand "(/;> ,/ ; ; ., ;' /'/ :/ ,q ;o<./ I Notary Public in and for said State
,' My Commission expires _.I ',,. I' .-..' *.,- \
/ ‘. Name (’ Td 7 ,i’t ( / .7 \ , .,c ;I .’ <’ :+ ,- , ,’ ! . ,-‘.. I , 1’ \ -- \:
Principal Place of Business
13
PR 3.4.58/CT85-35 AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP
TITLE REPORT NO. 1170625
EXHIBIT "A"
LEGAL DESCRIPTION
THOSE PORTIONS OF SECTIONS 26 AND 27, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAM BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAJJ DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
PARCEL A - STREET DEDICATIOM
COMMEJJCING AT THE CORFJER COMMON TO SECTIONS 21, 22, 27 AND 28 AS SHOWM ON RECORD OF SURVEY NO. 10774; THENCE SOUTH OOO34'18" WEST ALONG THE WEST LINE OF SAID SECTIOPJ 111.22 FEET TO THE POINT OF BEGINNING: THENCE LEAVING SAID WEST LINE NORTH 72O47'00" EAST 128.67 FEET TO THE BEGINNING OF A TAMGENT 25.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY: THENCE NORTHEASTERLY AND NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90°00'OO" A DISTANCE OF 39.27 FEET; THENCE NORTH 72O47'00" EAST 99.72 FEET; THEMCE SOUTH 86O58'38" EAST 5.59 FEET TO A POINT ON THE ARC OF A NON-TANGENT 25.00 FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 68O20'47" WEST: THENCE
SOUTHEASTERLY AND EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 85O33'47" A DISTANCE OF 37.33 FEET: THENCE SOUTH 17013'00" EAST 51.00 FEET: THENCE NORTH 72O47'00" EAST 2.76 FEET: THENCE SOUTH 17°13'OO" EAST 51.00 FEET TO A POINT ON THE ARC OF A NON-TANGENT 25.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 17°13'OO" WEST; THENCE SOUTHWESTERLY AND SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 87°30'OO" A DISTANCE OF 38.18 FEET TO A POINT,
SAID POINT HEREINAFTER DESIGNATED POINT "A" ; THENCE SOUTH
75017'00" WEST 57.00 FEET: THENCE SOUTH 14°43'OO" EAST 18.91' FEET: THENCE SOUTH 75O17'00" WEST 51.00 FEET TO A POINT. ON THE ARC OF A NON-TANGENT 25.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 75017'00" EAST: THENCE
NORTHWESTERLY AND WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLJ$ OF 92°30'00" A DISTANCE OF 40.36 FEET: THENCE SOUTH
72O47'00" WEST 161.34 FEET TO A POIJJT OPJ THE WEST LINE OF SAID
SECTION 27; THENCE ALONG SAID WEST LINE NORTH OO"34'18" EAST
119.72 FEET TO THE POINT OF BEGINIJING OF THIS DESCRIPTION.
ABOVE DESCRIBED PARCEL A CONTAINS 39045.15 SQ.FT. OR 0.896 ACS. MORE OR LESS.
TO BE KNOWN AS POINSETTIA LANE.
PREPARED BY:
CROSBY MEAD BENTON AND ASSOCIATES
6//5/f39
N, R.C.E.~ 14594
REGISTRATION EXPIRES 3-31-89 6-15-89
PARCEL B - STREET DEDICATION
BEGINNING AT POINT "A" OF PARCEL A HEREINBEFORE DESCRIBED: THENCE SOUTH 14043'00" EAST 355.88 FEET: THENCE SOUTH 13O43'20" EAST
338.79 FEET TO THE BEGINNING OF A TAMGENT 799.00 FOOT RADIUS CONCAVE NORTHEASTERLY: THENCE SOUTHEASTERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 73O11'40" A DISTANCE OF 1020.71
FEET; THENCE SOUTH 86O55'00" EAST 354.22 FEET TO THE BEGINNING OF
A TANGENT 1001.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY: THENCE
EASTERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CEPJTRAL ANGLE OF 27°08'OO" A DISTANCE OF 474.04 FEET; THENCE SOUTH 59O47'00" EAST 1692.75 FEET TO THE BEGINNING OF A TANGENT 951.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 39O29'00" A DISTANCE OF 655.35 FEET: THENCE SOUTH 20°18'OO" EAST 444.74 FEET TO THE BEGINNING OF A TANGENT 899.00 FOOT RADIUS CURVE CONCAVE, NORTHERLY: THENCE SOUTHEASTERLY, EASTERLY AND NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 119°04'20" A DISTANCE OF 1868.30 FEET: THENCE NORTH 4OO37'40" EAST 452.67 FEET TO THE BEGINNING OF A TANGENT 1151.00 FOOT RADIUS CURVE COMCAVE SOUTHEASTERLY: THENCE NORTHEASTERLY AND EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
45O11'30" A DISTANCE OF 907.84 FEET TO A POINT IN THE EASTERLY
BOUNDARY LINE OF RECORD OF SURVEY NO. 10774; THENCE ALONG SAID
EASTERLY BOUMDARY LINE SOUTH OO"21'21" EAST 35.43 FEET, SOUTH 89O16'26" EAST 252.98 FEET AND SOUTH OOO43'19" WEST 68.72 FEET: THENCE LEAVING SAID EASTERLY BOUNDARY LINE NORTH 86O27'40" WEST 103.85 FEET TO THE BEGINNING OF A TANGENT 1049.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG THE ARC
OF SAID CURVE THROUGH A CENTRAL ANGLE OF 52O54'40" A DISTANCE OF 968.72 FEET: THENCE SOUTH 40037'40" WEST 452.67 FEET TO THE BEGINNING OF A TANGENT 1001.00 FOOT RADIUS CURVE CONCAVE NORTHERLY: THENCE SOUTHWESTERLY, WESTERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF l19°04'20" A DISTANCE OF 2080.28 FEET; THENCE NORTH 20°18'OO" WEST 444.74 FEET TO THE BEGINNING OF A TANGENT 849.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE
THROUGH A -CENTRAL ANGLE OF 39O29'00" A DISTANCE OF 585.06 FEET:
THENCE ~JORTH"59°47'00" WEST 149.68 FEET TO A POINT, SAID POINT
HEREINAFTER DESIGNATED POINT B; THENCE COMTINUING NORTH 59O47'00"
WEST 516.66 FEET; THENCE NORTH 6OO55'38" WEST 300.56 FEET:
THENCE NORTH 59O47'00" WEST 500.49 FEET: THENCE NORTH 59O13'45!'
WEST 244.15 FEET TO THE BEGINNING OF A TANGENT 800.00 FOOT
RADIUS CURVE CONCAVE SOUTHERLY; THENCE WESTERLY ALONG THE ARC OF
SAID CURVE. :THROUGH A CENTRAL ANGLE OF 16OO3'17" A DISTANCE OF
224.17 FEET TO A POINT OF COMPOUND CURVATURE WITH A 899.00 FOOT
RADIUS CURVE COPJCAVE SOUTHERLY, A RADIAL TO SAID POINT BEARS
NORTH 14O42'58" EAST; THENCE WESTERLY ALONG THE ARC OF SAID
899.00 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF llO37'58" A
DISTANCE OF 182.52 FEET; THENCE NORTH 86O55'00" WEST 354.22 FEET
TO THE BEGIbJNING OF A TANGENT 901.00 FOOT RADIUS CURVE CONCAVE
NORTHEASTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 72O12'00" A DISTANCE OF 1135.38 FEET; THENCE NORTH 14O43'00" WEST 689.58 FEET; THENCE NORTH 75O17'00"
EAST 51.00 FEET: THENCE NORTH 14°43'00" WEST 18.91 FEET: THENCE
NORTH 75O17'00" EAST 57.00 FEET TO THE POINT OF BEGINNING OF THIS
DESCRIPTION.
ABOVE DESCRIBED PARCEL B CONTAINS 904363.27 SQ.FT. OR 20.761 ACS.
MORE OR LESS.
TO BE KNOWJJ AS ALGA ROAD.
~+tt*l-T “A” 2 ec r&
. .
I .
PARCEL "F-1". __ - DRAINAGE EASEMENT
BEGINNING AT POINT B HEREINBEFORE DESCRIBED IN PARCEL B; THENCE
SOUTH 27°13'OO" WEST 86.99 FEET TO THE BEGINNING OF A TANGENT 311.00 FOOT RADIUS CURVE CONCAVE EASTERLY: THENCE SOUTHERLY ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 34O18'20" A
DISTANCE OF 186.21 FEET: THENCE SOUTH 07°05'20" EAST 92.27 FEET
TO THE BEGINNING OF A TANGENT 89.00 FOOT RADIUS CURVE CONCAVE
WESTERLY: THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 31°00'OO" A DISTANCE OF 48.15 FEET; THENCE SOUTH
23O54'40" WEST 107.27 FEET: THENCE NORTH 66OO5'20" WEST 20.00
FEET; THENCE NORTH 23O54'40" EAST 107.27 FEET TO THE BEGINNING OF A TANGENT 69.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 31°00'OO" A DISTANCE OF 37.33 FEET; THENCE NORTH 07°05'20" WEST 92.27 FEET TO THE BEGINNING OF A TANGENT 331.00 FOOT RADIUS CURVE CONCAVE EASTERLY: THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 34O18'20" A DISTANCE OF 198.18 FEET: THEPJCE NORTH 27O13'00" EAST 88.04 FEET TO A POINT IN THE SOUTHWESTERLY LINE OF PARCEL B HEREINBEFORE DESCRIBED; THENCE ALONG SAID SOUTHWESTERLY LINE SOUTH 59O47'00" EAST 20.03 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION.
ABOVE DESCRIBED PARCEL "F-l" CONTAINS 10439.87 SQ.FT. OR 0.240 ACS. MORE OR LESS.
EXtl,BfT * A” 3 et= \5
PARCEL "C" - SIDEWALK EASEMENT
COMMENCING AT THE CORNER COMMON TO SECTIONS 21, 22, 27 AND 28 AS
SHOWN ON RECORD OF SURVEY bJ0. 10774: THENCE SOUTH OOO34'18" WEST ALONG THE WEST LINE OF SECTION 27. A DISTANCE OF 230.94 FEET TO
THE SOUTHWEST CORNER OF PARCEL "A" AS DESCRIBED HEREIN, THENCE LEAVING SAID WEST LINE AND CONTINUING ALONG THE SOUTHERLY LINE OF SAID PARCEL "A" , NORTH 72O47'00" EAST 161.34 FEET TO THE BEGINNING OF A TANGENT 25.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THEPJCE EASTERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 92°30'OO" A DISTANCE OF 40.36 FEET TO A POINT ON THE SOUTHWESTERLY LINE OF PARCEL " B " AS DESCRIBED HEREIN; THENCE ALONG SAID SOUTHWESTERLY LINE SOUTH 14O43'00" EAST 689.58 FEET TO THE BEGINNING OF A TANGENT 901.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 15O32'45" A DISTANCE OF 244.47 FEET TO THE POINT OF BEGINNING, A RADIAL TO SAID POINT BEARS SOUTH 59O44'15" WEST: THENCE CONTINUING SOUTHEASTERLY ALONG THE ARC OF SAID CURVE AND THE RADIUS THEREOF THROUGH A CENTRAL ANGLE OF 2OO13'19" A DISTANCE OF 318.00 FEET .TO A POINT, SAID POINT HEREINAFTER DESIGNATED POINT "C" I A RADIAL TO SAID POINT BEARS SOUTH 39O30'55" WEST; THENCE LEAVING THE ARC OF SAID CURVE
RADIALLY SOUTH 39O30'55" WEST 15.00 FEET TO A POINT ON THE ARC OF
A NON-TANGENT 916;OO FOOT RADIUS CURVE CONCAVE NORTHEASTERLY: THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 2OO13'19" A DISTANCE OF 323.29 FEET; THENCE
LEAVING THE ARC OF SAID CURVE RADIALLY NORTH 59644'15" EAST 15.00
FEET TO THE POINT OF BEGINNING.
ABOVE DESCRIBED PARCEL "C" CONTAINS 4809.75 SQ. FT. OR 0.110 ACRES MORE OF LESS.
.9
~xn I 6 17 ‘-A” if. a% 12
PARCEL "D" - SIDEWALK EASEMENT
COMMEMCING AT POINT " c " OF PARCEL "C" HEREINBEFORE DESCRIBED,
SAID POINT BEING A POINT ON THE ARC OF A 901.00 FOOT RADIUS CURVE
CONCAVE NORTHEASTERLY: THENCE SOUTHEASTERLY AND EASTERLY ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 12°08'OO"~ A
DISTANCE OF 190.80 FEET TO THE POINT OF BEGINNING, A RADIAL TO
SAID POINT BEARS SOUTH 27O22'56' WEST: THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 10°47'06' A DISTANCE OF 169.60 FEET TO A POINT, SAID POINT HEREINAFTER DESIGNATED POINT "D", A RADIAL TO SAID POINT BEARS SOUTH 16O35'49" WEST; THENCE LEAVING THE ARC OF SAID CURVE RADIALLY SOUTH 16O35'49" WEST 15.00 FEET TO A POINT ON THE ARC OF A 916.00 FOOT RADIUS
CURVE CONCAVE NORTHERLY: THENCE WESTERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 10°47'06' A DISTANCE OF 172.42 FEET: THENCE LEAVING THE ARC OF SAID CURVE RA.DIALLY NORTH 27O22'56' EAST 15.00 FEET TO THE POINT OF BEGINNING.
ABOVE DESCRIBED PARCEL I'D" CONTAINS 2565.22 SQ. FT. OR 0.0589 ACRES MORE OR LESS.
PARCEL- "E".e - SIDEWALK-EASEMENT
COMMENCING AT POINT "D" OF PARCEL " c " HEREINBEFORE DESCRIBED,
SAID POING BEING A POINT ON THE ARC OF A 901.00 FOOT RADIUS CRUVE CONCAVE MORTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 13°30'49" A DISTANCE OF 212.51 FEET; THENCE SOJJTH 86O55'00" EAST 354.22 FEET TO THE BEGINNING OF A TANGENT 899.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
11°37'58" A DISTANCE OF 182.52 FEET TO A POINT OF COMPOUND CURVATURE WITH AN 800.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL TO SAID POINT BEARS NORTH 14O42'58" EAST: THENCE EASTERLY ALONG THE ARC OF SAID 800.00 FOOT CURVE THROUGH A CENTRAL AIJGLE OF 16°03'17" A DISTANCE OF 224.17 FEET; THEMCE SOUTH 59O13'45" EAST 244.15 FEET; THENCE SOUTH 59047 ' 00" EAST 500.49; THENCE SOUTH 60°55'38" EAST 300.56 FEET: THENCE SOUTH 59°47'OO" EAST 666.34 FEET TO THE BEGINNING OF A TANGENT 849.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY: THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 35°11'01" A DISTANCE dF 521.35 FEET TO THE POINT OF BEGINNING, A RADIAL TO SAID POINT BEARS NORTH 65O24'01" EAST: THENCE SOUTHEASTERLY ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 04O17'59" A DISTANCE OF
63.71 FEET; THENCE SOUTH 20°18'OO" EAST 342.46 FEET TO A POINT, SAID POINT HEREINAFTER DESIGNATED POINT "El' ; THENCE SOUTH
69°42'00" WEST 15.00 FEET: THENCE NORTH 20°18'OO" WEST 342.46 FEET TO THE BEGINNING OF A TANGENT 834.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 04017'59" A DISTANCE OF 62.59
FEET; THENCE LEAVING THE ARC OF SAID CURVE RADIALLY NORTH
65°24'01" EAST 15.00 FEET TO THE POINT OF BEGIMNING.
ABOVE DESCRIBED PARCEL " E " CONTAINS 6084.15 SQ. FT. OR 0.140
ACRES MORE OR LESS.
PARCEL "G" .- SIDEWALK EASEMENT
COMME@JCIbJG AT POINT "E" OF PARCEL " E " HEREINBEFORE DESCRIBED;
THEIJCE SOUTH 20°18'OO" EAST 102.28 FEET TO THE BEGINNING OF A
TANGENT 1001.00 FOOT RADIUS CURVE CONCAVE NORTHERLY: THENCE
SOUTHESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE
OF 05O53'37" A DISTANCE OF 102.97 FEET TO THE POINT OF BEGINNING,
A RADIAL TO SAID POINT BEARS SOUTH 63O48'23" WEST; THENCE CONTINUING ALONG THE ARC OF SAID CURVE AND THE RADIUS THEREOF THROUGH A CEbJTRAL ANGLE OF 22O55'06" A DISTANCE OF 400.40 FEET TO A POINT, SAID POINT HEREINAFTER DESIGNATED POINT 11 F 11 ; THENCE LEAVING THE ARC OF SAID CURVE RADIALLY SOUTH 4OO53'17" WEST 15.00 FEET TO A POINT ON THE ARC OF A 1016.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY: THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 22O55'06" A DISTANCE OF 406.40 FEET: THENCE LEAVING THE ARC OF SAID CURVE RADIALLY NORTH 63O49'23" EAST 15.00 FEET TO THE POINT OF BEGINNING.
ABOVE DESCRIBED PARCEL "G" CONTAINS 6051.01 SQ. FT. OR 0.139 ACRES MORE OR LESS.
PARCEL "H" - SIDEWALK EASEMENT
COMMENCING AT POINT " F " OF PARCEL "G" HEREINBEFORE DESCRIBED,
SAID POINT BEIMG A POINT ON THE ARC OF A 1001.00 FOOT RADIUS CURVE CObJCAVE NORTHERLY; A RADIAL LINE TO SAID POINT BEARS SOUTH 4OO53'17" WEST; THENCE SOUTHEASTERLY AND EASTERLY ALONG THE ARC
OF SAID CURVE THROUGH A CENTRAL ANGLE OF 50°9'42" A DISTANCE OF
885.09 FEET TO THE POIMT OF BEGINNING, A RADIAL TO SAID POINT
BEARS SOUTH 09O46'24" EAST; THENCE CONTINUING EASTERLY ALONG THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 09OO2'48" A DISTANCE
OF 158.05 FEET TO A POINT, SAID POINT HEREINAFTER DESIGNATED
POINT "G", A RADIAL TO SAID POINT BEARS SOUTH 18O49'13" EAST;
THENCE LEAVING THE ARC OF SAID CURVE RADIALLY SOUTH 18O49'13"
EAST 15.00 FEET TO A POINT ON THE ARC OF A 1016.00 FOOT RADIUS CONCAVE NORTHERLY; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CEMTRAL ANGLE OF 09OO2'48" A DISTANCE OF 160.42 FEET; THENCE LEAVING THE ARC OF SAID CURVE RADIALLY NORTH 09O46'24"
WEST 15.00 FEET TO THE POINT OF BEGINNING.
ABOVE DESCRIBED PARCEL "H" CONTAINS 2388.62 SQ. FT. OR 0.055
ACRES MORE OR LESS.
EXHl!3rT- -4 I. 8 oc= rz-
I
PARCEL "I" - SIDEWALK EASEMENT
COMMENCING AT POINT " G " OF PARCEL "H" HEREINBEFORE DESCRIBED,
SAID POINT BEING A POINT ON THE ARC OF A 1001.00 FOOT RADIUS
CURVE CONCAVE MORTHWESTERLY; A RADIAL TO SAID POINT BEARS SOUTH
18O49'13" WEST: THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF llO45'39" A DISTANCE OF 205.47 FEET TO
THE POINT OF BEGINNING, A RADIAL TO SAID POINT BEARS SOUTH 3OO34'51" EAST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 18O47'29" A DISTANCE OF 328.30 FEET: THENCE NORTH 4OO37'40" EAST 438.43 FEET TO A POINT, SAID POINT HEREINAFTER DESIGNATED POINT @lJj" ; THENCE SOUTH 49O22'20" EAST 15.00 FEET: THENCE SOUTH 40037'40" WEST 438.43 FEET TO THE BEGIbJNING OF A TANGEMT 1016.00 FOOT RADIIJS CURVE CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CEMTRAL ANGLE OF 18O47'29" A DISTANCE OF 333.22 FEET: THENCE LEAVING THE ARC OF SAID CURVE RADIALLY NORTH 3OO34'51"
WEST 15.00 FEET TO THE POINT OF BEGINNING.
ABOVE DESCRIBED PARCEL "I" CONTAINS 11537.84 SQ. FT. OR 0.265 ACRES MORE OR LESS.
.
PARCEL "J" - SIDEWALK EASEMENT
COMMENCING AT POINT "H" OF PARCEL "I" HEREINBEFORE DESCRIBED:
THENCE NORTH 4OO37'40" EAST 14.24 FEET TO THE BEGINNING OF A TAMGENT 1049.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY: THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 24O31'14" A DISTANCE OF 448.93 FEET TO THE POINT OF BEGINNING: A RADIAL TO SAID POINT BEARS NORTH 24O52'06" WEST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 28O23'26" A DISTANCE OF 512.36 FEET; THENCE SOUTH 86O27'40" EAST 54.94 FEET; THENCE SOUTH 03O32'20" WEST 15.00 FEET; THENCE NORTH 86O27'40" WEST 54.94 FEET TO THE BEGINNING OF A TANGENT
1034.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY: THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 28O23'26" A DISTANCE OF 512.36 FEET; THENCE LEAVING THE ARC OF SAID CURVE RADIALLY NORTH 24O51'06" WEST 15.00 FEET TO THE POINT OF BEGINNING.
ABOVE DESCRIBED PARCEL " J " CONTAINS 8565.19 SQ. FT. OR 0.197 ACRES MORE OR LESS.
t3(cllRlr \‘A” 10 otr I’Z
, .
PARCEL K - STREET DEDICATION
COMMENCING AT THE CORNER COMMON TO SECTIONS 21, 22, 27 AND 28 AS SHOWN ON RECORD OF SURVEY NO. 10774: THENCE ALONG THE NORTH LINE
OF SAID SECTION 27 SOUTH 86O58'38" EAST 127.57 FEET; THENCE LEAVING SAID NORTH SECTION LINE OF SAID SECTION 27 SOUTH 17°13'OO" EAST 1.07 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 86O58'38" EAST 103.20 FEET: THENCE SOUTH 72O47'00" WEST 96.83 FEET; THENCE NORTH 17013'00" WEST 35.70 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION.
ABOVE DESCRIBED PARCEL K CONTAINS 1728.50 SQ. FT. OR 0.040 ACS. MORE OR LESS.
TO BE KNOWN AS POINSETTIA LANE.
3
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PARCEL K-1 -.STREET,RESERVATION
COMMENCIMG AT THE CORNER COMMON TO SECTIONS 21, 22, 27 AND 28 AS
SHOWN ON RECORD OF SURVEY NO. 10774: THENCE ALONG THE MORTH LINE
OF SAID SECTION 27 SOUTH 86O58'38" EAST 127.57 FEET TO THE POINT
OF BEGINNING: THENCE CONTINUING ALONG SAID NORTH SECTION LINE OF
SAID SECTION 27 SOUTH 86O58'38" EAST 108.73 FEET TO A POINT ON
THE ARC OF A NONTANGENT 25.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, A RADIAL TO SAID POINT BEARS SOUTH 70O50'39" WEST: THENCE LEAVING SAID NORTH SECTION LINE AND CONTINUING SOUTHEASTERLY ALONG THE ARC OF SAID 25.00 FOOT RADIUS CURVE THROUGH A CENTAL ANGLE OF 02O29'53" A DISTANCE OF 1.09 FEET; THENCE I>JORTH 86O58'38" WEST 108.79 FEET; THENCE NORTH 17°13'OO" WEST 1.07 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION.
ABOVE DESCRIBED PARCEL K-l CONTAINS 108.75 SQ. FT. OR 0.002 ACS. MORE OR LESS.
3
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RESOLUTION NO. By-J 07
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ACCEPTING A GRANT DEED FOR PUBLIC
STREET PURPOSES ALGA ROAD AND POINSETTIA LANE
WHEREAS, Aviara Land Associates Limited Partnership has submitted a Grant
Deed conveying an easement to the City of Carlsbad for public street purposes
over a portion of Alga Road and Poinsettia Lane; and
WHEREAS, the City Council of the City of Carlsbad has determined it to
be in the public interest to accept said deed; and
WHEREAS, the City Council of the City of Carlsbad has determined it to
be in the public interest to reject Parcel K-l designated, "Parcel K-l reserved
for future street," offered for dedication. (Note: Section 66477.2 of the
Government Code of the State of California provides that a rejected offer of
dedication shall remain open and subject to future acceptance by the City.)
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 Aviara Land Associates Limited Partnership
dated 5,,& I< , 1989, conveying an easement for public street, drainage,
sidewalk and relinquishment of abutter's right of access purposes over a
portion of Alga Road between Poinsettia Lane and Mimosa Drive; and Poinsettia
Lane westerly from Alga Road, to the City of Carlsbad, which is on file with
the City Clerk and is incorporated herein by reference, is accepted.
3. That the City Clerk, hereby certify that the City Council has
rejected on behalf of the public Parcel K-l designated, "Parcel K-l reserved
for future street."
///
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4. That the City Clerk is authorized to cause the original Deed to be
recorded in the Office of the County Recorder of San Diego County, State of
California.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City
Council held on the 27th day of June , 19% by the following vote,
to wit:
AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson
NOES: None
ABSENT: None
ATTEST:
.
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
Recording Requested by San Diego Gas & Electric
When Recorded Mail To:
--------------------------------
San Diego Gas & Electric Company P.O. Box 1831 San Diego, CA 92112 Attn:
-------------------------------- SPACE ABOVE FOR RECORDER'S USE
JOINT USE AGREEXMT
+w-. 3.ysf5
The undersigned declares consideration is less than
$100.00 and Transfer Tax is none.
THIS AGREEMENT, dated , by and between
SAN DIEGO GAS & ELECTRIC COMPANY, a corporation (SDGbE), and
CITY OF CARLSBAD (Second Party), is made with reference to the
following facts:
A. SDG&E 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 SDGbE as described on Exhibit A
attached hereto (SDG&E'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 in the configuration shown on
Exhibit C, attached hereto (Second Party's Facilities); which
-l-
create a potential present or future conflict with SDGSlE
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 route(s) 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 route(s). In the event Second
Party's route(s) of ingress or egress at any time, in
the sole discretion of SDGSrE, conflict with SDGbE's use
of the SDGbE Easement, Second Party agrees and
covenants, upon notice from SDG&E, to relocate said
route(s) at no expense to SDGbE. SDG&E shall cooperate
with Second Party to effect such rearrangement,
relocation or reconstruction.
2. 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 SDGbE's
-2-
facilities shall be made only with SDG&E’s prior written
consent.
3. 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.
4. 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.
5. 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, SDGbE,
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.
6. Second party shall save, indemnify and hold harmless
SDGbE against any liability, loss, cost, damage and
expense caused by or arising from (I) any negligent act
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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 party(ies) 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).
7. 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.
8. 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 SDGbE
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.
9. 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 SDGbE
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 $l,OOO,OOO 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 SDGbE, 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 SDG&E for all costs
(including, but not limited to consulting, engineering,
clean-up, containment, disposal, and legal costs)
incurred by SDG&E 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 SDG&E and, which relate to any
alleged violation of Standards which would not have
arisen but for the actions, or inactions, of Second
Party.
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. .
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 b ELECTRIC CO., A Corporation CITY OF CARLSBAD
B BY
nagement Section rvices Department
Drawn By Date MOPAC R/W No. A.P. No.
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.
STATE OF CALIFORNIA ss COUNTY OF SAN DIEGO
known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as Land Management Supervisor, Land Services Department, on behalf of San Diego Gas 81 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 ha
signature
.
EXHIBIT "A"
EXISTING 150' EASEMENT FOR SAN DIEGO GAS &
ELECTRIC COMPANY PER DOC. REC. OCTOBER 16, 1956
IN BOOK 6301, PAGE 162 OF O.R.
_-_- ._- .--_ . . . _-. . . . . . . . e...v..
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EXHIBIT B //I,
EXHIBIT 'B' (AVIARA)
THAT PORTION OF THE PROPERTY D&+'lNED IN EXHIBIT +'A+' LYING WITHIN THE LIMTTS OF THE FOLLOWING DESCRIBED PARCELS:
THOSE PORTLONS OF SECTIONS 26 AND 27, TOWNSHIP 22 SOUTH, RANQl 4 WEST, SAN BERNARDINO MERfDLtN, TN THE CITY OF CARMBAD, COUNTY OF SAN DXEGO, STATE'OF CALfF'ORIJIA, DESCRIBED AS FOLLOWS:
PARCEL A -,, STRl$.ET_~j3~1 C~l'ION
COMMENCING AT THE CORNER COMMON TO SECTIONS 21, 22, 27 AND 28 AS SHOWN ON RECORD OF'SURVEY NO. 10774: THENCE SOUTH OO"34'18" WEST ALONG THE WEST LINE OF SA;KD SECTION 111.22 FEET TO THE POINT OF BEGINNING: THENCE LEAVING SAID WEST LINE NORTH 72+Jd7’00++ EAST 128.67 FEET PO THE BEGINNING OF A TANGENT 25.00 FOOT RADIVS CURVE CONCAVE NORTHWESTERLY; 'iHENCE NORTHEASTERLY AND NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90°00'OO++ A DISTANCE OF 39.27 FEET: THENCE NORTH 72047'00" EAST 99.72 FEET TO A POINT ON THE NORTH LINE OF SAID SECTION 27; THENCE ALONG SAID NORTH LINE SOUTH 86‘+58'38" EAST 2.45 FEET TO A FOINT ON THE ARC
OF A NON-TANGENT 25.00 FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS SQUTH 70050'39" WEST: THENCE SOUTHEASTERLY AND EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 88*03'39" A DISTANCE OF 38.42 FEET; THENCE SOUTH 8 17"13'00" EAST 51.00 FEET; THENCE NORTH 72+Jd7'00'+ EAST 2.76 FEET: THENCE SOUTH 17613'00++ EAST 51.00 FEET TO A POINT ON THE ARC OF A NON-TANGENT 25.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL LINE TO SAID POINT- BEARS NORTH 17°13'00" WEST; THENCE SOUTHWESTERLY AND SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 87*30'00+' A DISTANCE OF 38.18 FEET TO A POINT, SAID POINT HEREINAFTER DESIGNATED POINT "Al' ; THENCE SOUTH 75"1?'QO++ WEST 57.00 FEET; THENCE SOUTH 14°43'OO+' EAST 18.91 FEET: THENCE SOUTH 75*1i"OG++ WEST 51.00 FEET TO A POINT ON THE ARC OF A NON-TANGENT 25.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 75"17+00" EAST: THENCE NORTHWESTERLY AND WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 92°30'OO'" A DISTANCE OF 40.36 FEET; THENCE SOUTH 72°d7'OO" WEST 161.3d FEET 110 A POINT ON THE WEST LINE OF SAID SECTION 27; THENCE ALONG SAXD WEST LINE NORTH OO"34'18+' EAST 119.73 FEET TO THE POINT OF BEGINNING OF THIS DE,SCRIPTION,
ABOVE DESCRIBED PARCEL A',CONTAINS 39045.88 SQ.FT, OR 0.896 ACS. MORE OR LESS.
TO BE KNOWN AS POINSETTIA LANE.
PREPARED BY:
CROSBY MEAD BENTVN AND ASSOCIATES
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EXHIBIT B ,I,*: i
PARCEL B - . . . STRFETmm,IJEDICATI~N
BEGINNXNG AT POINT “A” OF PARCEL A HEREINBEFORE DESCRIBED; THENCE SOUTH 14*43'00" EAST 355.88 FEET: THENCE SOUTH 13*43'20" EAST 338.79 FEET TO THE BEGINNING OF A TANGENT 799.00 F@XC RADIUS CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 73*11'40" A DISTANCE OF 1020.71 FEET: THENCE SOUTH 86O55'0c)" EAST 354.22 FEET T'o THE BEGINNING OF A TANGENT 1001.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE EASTERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THRCWGW A CENTRAL ANGLE OF 27e08'00" A DISTANCE OF 474.04 FEET: THENCE SOUTH 59*47'00" EAST 1692.75 FEET TO THE BEGINNING OF A TANGENT
951.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY: THENCE SOUTHEASTERLY ALONG THE ARC OF SALD CUjWE THROUGH A CENTRAL ANGLE OF 39*29'00" A DISTANCE OF 655.35 FEET: THENCE SOUTH 20*18'00" EAST 444.74 FEET TO THE BEGI'IJNING OF A TANGENT 899.00 FOOT RADIUS CURVE CONCAVE MORTHERLY; THENCE SOUTHEASTERLY, EASTERtY AND NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 119004 ' 20" A DfSTANCE DF 1868.30 FEET; THENCE NORTH 4OO37'40" EAST 452.67 FEET TO THE BEGINNING OF A TANGENT 1151.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERlaY: THENCE NORTHEASTERLY AND EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 45'11'30" A DISTANCE OF 907.84 FEET TO A POINT IN THE EASTERLY BOUNDARY LINE OF RECORD OF SURVEY NO. 10774; THENCE ALONG SAID EASTERLY BOUNDARY LINE SOUTH 00*21'21" EAST 35.43 FEET, SOUTH 89O16'26" EAST 252.98 FEET AND SOUTH 00043'19" WEST 68.72 FEET; ' THENCE LEAVING SAID EASTERLtY BOUNDARY LINE NORTH 86*27'40" WEST 103.85 FEET TO THE BEGXNNING OF A TANGENT 1049.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 52*54'40" A DISTANCE OF 968.72 FEET: THENCE SOUTH 40037 ’ 40” WEST 452.67 FEET TO THE BEGINNING, OF A TANGENT 1001.00 FOOT RADIUS CURVE CONCAVE NORTHERLY: THENCE SOUTHWESTE:RLY, WESTERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 119*04'20" A DISTANCE OF 2080.28 FEET: THEHCE NORTH 20*18'00" WEST 444.74 FEET
TO THE BEGINNING OF A TANGENT 849.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY: THENCE NOKTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 39"29'00" A DISTANCE OF 585.06 FEET; THENCE NORTH 59047 '00" WESI 149.68 FEET TO A POINT, SAID POINT HEREINAFTER DESIGNATED POINT B; THENCE CONTINUING NORTH 59047'00" WEST 516.66 FEET; THENCE NORTH 60"55'38" WEST 300.56 FEET: THENCE NORTH 59647'OCI" WEST 500.49 FEET; THENCE NORTH 59°13'd5" WEST 244.15 FEET TO THE BEGINNING OF A TANGENT 800.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE WESTERLY ALONG THE 'ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 16e03'17" A DISTANCE OF 224.17 FEET TO A POINT OF COMPOUND CURVATURE WITH A 899.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL TQ SAID POINT BEARS NORTH 14442'58" EAST: THENCE WESTERLY ALONG THE ARC OF SAXD 899.00 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF ll"37'58" A DISTANCE OF 182.52 FEET: THENCE NORTH 86655'00" WEST 354.22 FEET TO THE BEGINNING OF A TANGENT 901.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE NORTHWESTEkLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 72O12'00" A DISTANCE OF 1135.38 FEET; THENCE NORTH 14043'00" WEST 689.58 FEET: THENCE NORTH 75*1’7’00” EAST 51.00 FEET; THENCE NORTH 14P43'00" WEST 18,Pl FEET: THENCE NORTH 75Oj.7’00” EAST 57.00 FEET TO THE POINT OF BEG1NNINC OF THIS DESCRIPTION.
ABOVE DESCRIBED PARCEL B CONTAINS 904363.27 SQ.FT. OR 20.761 ACS. MORE OR LESS.
TO BE KNOWN AS ALGA ROAD.
EXHIBIT B ,a, ,v.” I :‘, /
PARC&L "c_(' .y, SJDEWALXK-EASEMENT
COMMENCXNG AT THE CORNER COMMON TO SECTIONS 21, 22, 27 AND 28 AS
SHOWN ON RECORD OF SURVEY NO. 10774; THENCE SOUTH OO"34'18" WEST ALONG THE WEST LINE OE' SECTION 27 A DISTANCE OF 230.94 FEET TO THE SOUTHWEST CORNER OF PARCEL hA" AS DESCRIBED HEREIN, THENCE LEAVING SAID WEST LINE AND CONTINUING ALONG THE SOUTHERLY LINE OF SAID PARCEL "A" , NUKTH 72"d7'Oow EAST 161.34 FEET TO THE BEGINNING OF A TANGENT iJ5.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE EASTERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 92030’00” A DISTANCE OF 40.36 FEET TO A POINT 0N THE SOUTHWESTI%LY LINE OF PARCEL "8" AS DESCRIBED HEREIN: THENCE ALONG SAID SOUTHWESTERLY LZNE SOUTH 1U0d3'OO" EAST 689658 FEET TO THE BEGINNING OF A TANGENT 901.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 15O32'45" A DISTANCE OF 244.47 FEET TO THE FOXNT OF BEGINNING, A RADIAL TO 'SAID POINT BEARS SOUTH 59*44'15" WEST; THENCE CONTINUING SOUTHEASTERLY ALONG THE ARC OF SAID CURVE AND 7?HE RADIUS THEREOF THROUGH A CENTRAL ANGLE OF 20413'19" A DISTANCE OF 318.00 FEET TO A POINT, SAID POINT HEREINAFTER DESIGNATED POINT "C" I A RADIAL TO SAID POINT BEARS SOUTH 39*30'55" WEST; THENCE LEAVING THE ARC OF SAID CURVE RADIALLY SOUTH 39*30'55" WEST 15.00 FEET TO A POINT ON THE ARC OF A NON-TANGENT 956.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; 'THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 20°13'19" A DISTANCE OF 323.29 FEET; THENCE LEAVING THE ARC OF SAID CURVE RADIALLY NORTH 59Od4'15" EAST 15.00 a FEET TO THE POINT OF BEG1NNKNG.
ABOVE DESCRIBED PARCEL ImCli CONTAINS 4809.75 SQ. FT, OR 0.110 ACRES MORE OF LESS.
.
EXHIIW- B i; 1
PARCEL "It" - SJJ!$lALK EASEMENT '
COMMENCING AT POINT "C" OF PARCEL ,,Cll HEREINBEFORE DESCRIBED,
SAID PQINT BEING A PQTNT ON THE ARC OF A 901.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY AND EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF l,2*08'00" A DISTANCE OF 190.80 FEET TCr THE POINT OF BEGINNING, A RADIAL TO
SAID POINT BEARS SOUTH 2?"22'56" WEST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE Cd 10*47'06" A DISTANCE OF 169.60 FEET TO A POINT, SAID POINT HEREINAFTER DESIGNATED
POINT "II", A RADIAL TO SAID POINT BEARS SOUTH 16e35'49" WEST: THENCE LEAVING THE ARC OF SAID CURVE RADIALLY SOUTH 16*35'49"
WEST 15.00 FEET TO A POINT ON THE ARC OF A 9l.6.00 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 10447’06” A DISTANCE OF ‘172.42 FEET; THENCE LEAVING THE ARC OF SAID CURVE RADIALLY NORTH 27*22'56" EAST 15.00 FEET TO THE POINT OF BEGINNING.
ABOVE PESCRZBED PARCEL "D" CONTAINS 2565.22 SQ. FT. OR 0.0589 ACRES MORE OR LESS.
. EXHIBIT B
PARCEL "F-l", -_, DRAINAGE EASEMENT
BECIINNING AT P0INT B HEREINBEFURE Di!25jt'KiBYD IN PARCEL B; THENCE SOUTH 27"13'00" WEST 86.99 FEET TO THE BEGINNING OF A TANGENT 311.00 FOOT RADIUS CURVE GONCAVE EASTERLY: THENCE SOUTHERL'Y ALONG THE ARC OF SAID CURVE THRGUGH A CENTRAL ANGLE 0~ 34*18'20'~ A OXSTANCE OF 186.21 FEET: THENCE SOUTH 07"05'20" EAST 92.27 FEET TG THE BEGINNING OF A TANGENT 89.00 FOOT RADIUS CURVE CONCAVE WESTERLY: TkENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A . CENTRAL ANGLE OF 31°00'OO" A DISTANCE OF 48.15 FEET; THENCE SOUTH 23"54'40" WEST 107.27 FEET; THENCE NORTH 66*05'20" WEST 20.00 FEET: THENCE NORTH 23a54'4Q" EAST 107.27 FEET TO THE BEGINNING OF A TANGENT 69.00 FOOT RADIUS CURVti CONCAVE WESTERLY: THENCE NORTHERLY ALoNG THE ARC U'F SAXD CURVE THROUGH A CENTRAL ANGLE OF 31"OCJ'OO" A DISTANCE OF 3'7.33 FEET; THENCE NORTH 07*05'20" WEST 92.27 FEET To THE HEGINNING OF A TANGENT 331.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 34"18'20" A DISTANCE OF 198.18 FEET: THENCE NORTH 27*13’00” EAST 88.04 FEET TO A POXNT IN THE SOUTHWESTERLY LINE OF PARCEL B HEREINBEFORE DESCRIBED; THENCE ALONG SAID SOUTHWESTERLY LINE SOUTH 59”47’60” EAST 20.03 FEET TO THE PCJINT OF BEGINNING OF THIS DESCRIPTION.
ABOVE DESCRIBED PARCEL "P-l," CONTAINS 10439.87 SQ.FT. OR 0.240
ACS. MORE OR LESS.
_ __ _ _ -- - ____ __- .--- .____...... ._. . .._... - I.
. EXHIQIT B I
PARCEF ,"E;" - S~DEW&L&EASEMENT'
CQMMENCYXG AT POINT " D " OF PARCEL "C" HEREINBEFORE DESCRIBED, SAIIJ POING BEING A POINT O-N THE ARC OF A 901.00 FOOT RADIUS CRUVF:
CONCAVE NORTHERLY: THENCE EEASTERLY ALONG THE ARC OF SAfb CURVE THROUGH A CENTRAL ANGLE QF 3.3*30'4'3" A DISTANCE OF 213.51 FEET; THENCE StXYTH &6*55'00" EAST 554.22 FEET TO THE BEGINNING OF A TANGENT 899.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF llC'37'58" A DISTANCE OF l112.52 FEET TO A POINT OF COMPOUND CURVATURE WITH AN SOO.OCI FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL TO SAID POINT BEARS NORTH 14"42'58" EAST; THENCE EASTERLY ALONG THE ARC OF SAID f300.00 FOOT CURVE THROUGH A CENTRAL ANGLE OF lfje03'17" A DISTANCE OF 224,17 FEET: THENCE SOUTH 59a13'45" EAST 244.15 FEET: THENCE SOUTH 59*47'00" EAST 500.49: THENCE SOUTH 6OQ55'38" EAST 306.36 FEET: THENCE YUU'l'H 5Y*47'00" EAST
666.35 FEET TO THE BltCINNI~sC OF A TANGENT 849.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 35*1l'U1" A DISTANCE OF 521.35 FEET TO THE POINT cli? BEGINNING, A RADIAL TO SAID POINT BEARS NORTH 65*24'01" EAST; THENCE SOUTHEASTERLY ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 04*17'59" A DZSTANCE OF 63.71 FEET; THENCE SUUTH 2b*lB'OO" EAST 342.46 FEET TO A POINT, SAXD POINT HEREINAFTER bESIGNATED POINT "E" ; THENCE SOUTH 69642'00" WEST 15.00 FEET; THENCE NORTH 20°18'00" WEST 342.46
FEET TU THE BEGINNING OF A TANGENT 334.00 FOOT RADIUS CURVE CONCAVE SOUTHWkiSTEKLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID * CURVE THROUGH A CENTRAL ANOLE Uft 04*17'59" A DISTANCE OF 62.59 FEET: THENCE LEAVING THE ARC OF SATD CURVE RADIALLY NORTH 65"24'01" EAST 15.00 FEET TU THE POINT OF BEGINNING.
ABOVE DESCRXBED PARCEL "E" CONTAIN5 6084.15 SQ. FT. OR 0.140
ACRES MORE OR LESS.
_ - - - - _ - - - _ . . . II...... . . . . . . . . . .
.
EXHIWT 6 I, It’,
9ASC~L__.I:C.f’...-... ST?EWALK EASEMENT
COMMENCING AT POXNT " E " OF PARCEL "E" HEREINBEFORE DESCRIBER; THENCE SOUTH 20*18'00" EAST 102.28 FEET TO THE l3EGINNING OF A TANGENT 1001.00 FOOT RADLUS CURVE CONCAVE NORTHERLY; THENCE SOUTHESTERLY ALONG THE ARC CIF SAfD CtJRVE THROUGH A CENTRAL ANGLE OF 05*53'37" A DXSTAIKE OF 102.97 FEET TO THE POINT OF BEGINNING, A RADIAL TQ SAID POINT BEARS SOUTH 63*48'23" WEST; THENCE CONTZMUING ALONG THE ARC OF SAID CURVE AND THE RADIUS THEREOF 'Ii%ROU~;H A CENTRAL ANGLE OF 22455'Q6" A DISTANCE OF 400.40 FEET TO A POINT, SAID POINT HERETNAFTER DESIGNATED POINT "F"; THENCE
LEAVTMG THE ARC OF SAID CURVE RADIALLY SOUTH 40*53'17" WEST 15.00 FEET TO A POINT ON THE ARC OF A 1016.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY: THENCE NCbRl'HWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 22*55'06" A DISTANCE OF 406.40 FEET: THENCE LEAVING THE ARC OF SAID CURVE RADIALLY NORTH 63"49'23" EAST 15.00 FEET TO THE POINT OF BEGINNING.
ABQVE DESCRIBED PARCEL "G" CONTAINS 6051.01 SQ. FT. OR 0.139 ACRES MORE OR l,ESS.
EXHIBIT Ei
q&RCEr, .I'H" - SIDEWALK EASEMFiNT
COMMENCING AT POINT "F" OF PARCEL "G" HEREINBEFORE DESCRIBED, SAID POINT B$lNG A POINT ON THE ARC OF A lbOl,CJb FOOT RADIUS CURVE CONCAVE NORTHERLY: A RADIAL LINE TO SAID POINT BEARS SOUTH
40°53'1.7" WEST; THENCE SOUTHEASTERLY AND EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 50°9’d2” A DISTANCE OF 885.09 FEET TO THE POINT OF BEGLNNTNG, A RADIAL TO SAXD POINT BEARS SOUTH 09"46'24" EAST; THENCE CONTINUING EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 09*02‘48" A DISTANCE OF 158.05 FEET TO A POYNT, SAID POINT HEREINAFTER DESIGNATED POTNT "G", A RADIAL TO SAID POINT BEARS SOUTH 18"49'13" EAST: THENCE LEAVING THE ARC OF SAID CURVE RADIALLY SOUTH 28*49'13" EAST 15.00 FEET TO A POINT ON THE ARC OF A 1016.00 FOOT RADIUS
CONCAVE NORTHERLY; THENCE WESTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 09°02'd8" A DXSTANCE OF 160.42 FEET; THENCE LEAVING THE ARC OF SAID CURVE RADIALLY NORTH 09“46'24" WEST 15.00 FEET TO THE POINT OF BEGINNING.
ABOVE DESCRIBED PARCEL "M" CONTAINS 2388.62 SQ. FT. OR 0,055 ACRES MORE OR LESS.
I n . EXHIBIT B I, “,,
PArjcEk.. ‘:,,” ,.._, :-. ,SJ,DEWALK EASEMENT
COMMENCING AT POINT "G" OF PARCEL "H" HEREINBEFORE DESCRIBED, SAID POINT BEXNG A POINT ON THE ARC OF A 1001.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; A RADIAL TO SAID POINT BEARS 3oUTH
18*49’13” WEST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 11*45’39” A DISTANCE OF 205.47 FEET TO THE POINT OF BEGINNING, A RADIAL TO SAID POINT BEARS SOUTH 30”34’51” EAST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 18O47'29" A DISTANCE OF 318.30 FEET: THENCE NORTH 40437’40” E;AS'r 438.43 FEET TO A POINT, SAID POXNT HEREINAFTER DESI;GNATED POINT I' H I( ; THENCE SOUTH 49"22'20" EAST 15.00 FEET; THENCE SO'CITH 40*37'40" WEST 438.43 FEET TO THE BEGXNNINC OF A TANGENT 1016.00 FOOT RADIUS CURVE CONCAVE
NORTHWESTERLY; THENCE SQVTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 18e47'29" A DISTANCE OF 333.23 FEET; THENCE LEAVING THE ARC OF SAID CURVE RADIALLY NORTH 30*34'51" WEST 15.00 FEET TO THE E'OXNT OF BEGINNING.
ABOVE DESCRIBED PARCEL I' I II CONTAINS 11537.84 SQ. FT. OR 0.265 ACRES MORE; OR LES$.
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