HomeMy WebLinkAbout1992-07-14; City Council; 11791; APPROVE AGREEMENT BETWEEN THE CITY OF CARLSBAD AND BANK OF AMERICA AS TRUSTEE OF THE BRESSI TRUST REGARDING PALOMAR AIRPORT ROAD RIGHT OF WAY, PROJECT NO. 31666
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* Cost estimates for each element of work del ineating responsibil i. are appended to the agreement.
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-$ Page 2 of Agenda Bill No. /(, 3 ?/
FISCAL IMPACT:
Using data acquired from a recent appraisal of the Bressi Ranch,Staff estin that the total value of the easements is approximately $160,000. Accepting agreement and grant deeds of easement will save the City the cost of condemnin< property and paying for the land. Except that the City will accept the easem subordinate to existing liens, the obligations of the City contained in agreement are not beyond those that would normally be expected. The agree contains provisions that require the owners of Bressi Ranch to reimburse the for the cost of the frontage improvements up to a maximum of $649,000 adjustec inflation to the time of payment. The owner of the property will also be oblis to complete the widening of Palomar Airport Road at the time of developing property. The agreement provides that the City assumes responsi bi 1 i ty improvements on Palomar Airport Road and El Camino Real which may be reqL beyond those currently contemplated in the General Plan Circulation element.
EXHIBITS :
1. Exhibit ‘A’, Location Map
2. Exhibit ’B’, Agreement
3. Resolution No.92-$23 approving an agreement between the City of Carl and Bank of America Trust and Savings Association, as Trustee of the E. Bressi Trust and authorizing the Mayor to execute the agreement.
NOT TO SCALE
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RESOLUTION NO. 92-227
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AN[ BANK OF AMERICA TRUST AND SAVINGS ASSOCIATION, AS TRUSTEE OF THE MARY E. BRESSI TRUST AND AUTHORIZING THE MAYOR TO EXECUTE THE
AGREEMENT.
WHEREAS, the City Council of the City of Carlsbad has determi
necessary, desirable, and in the public interest to construct improveme
Palomar Airport Road from El Camino Real to Acacia Avenue in San Marcos
El Camino Real from Faraday Avenue to Palomar Airport Road, Project No. 31r
WHEREAS, the project requires the acquisition of certain real pr
interests ; and
WHEREAS, Bank of America Trust and Savings Association, as Trustee
Mary E. Bressi Trust is willing to enter into an agreement to provide !
drainage, slope and construction easements that are necessary to const
portion of said public improvements; and
WHEREAS, the City Council determines that it is in the best interest
City to enter into said agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Car
California, as follows:
1. That the above recitations are true and correct.
2. That it is in the best interest of the City to enter into
agreement with Bank of America Trust and Savings Association, as Trustee
Mary E. Bressi Trust.
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3. That the City Council hereby authorizes the Mayor of the
Carlsbad to execute said agreement.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsl
Council held on the 14th day of JULY , 1992 by the following
wit:
AYES : Council Members Lewis, Kulchin, and Stan1
NOES:
ABSENT: Council Members Larson and Nygaard
p{,(p; ! ,/k& u; j /& - LAUDE A. LEWIS, Mayor
ATTEST:
lLLc&& 5! @Cy ALETHA L. RAUTENKRANZ, City Clerk
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AGREEMENT
This Agreement (llAgreementii) is made and entered into
, 1992, by and between the as of the J5*' day of ~UL y
CITY OF CARLSBAD, a municipal corporation, hereinafter referred
to as the IcCityl*, and BANK OF AMERICA NATIONAL TRUST AND SAVINGS
ASSOCIATION, as Trustee of the Mary E. Bressi Trust Dated June 2
1988, hereinafter referred to as "Trusteevv.
This Agreement is made with reference to the following
facts:
1. Trustee is the owner of that certain parcel of
undeveloped land commonly referred to as the Bressi Ranch,
approximately 565 acres in size, located at the intersection of
Palomar Airport Road and El Camino Real, Carlsbad, California,
and more particularly described on Exhibit A attached hereto
llPropertyll) .
2.
(th
The Property has significant frontage along
Palomar Airport Road and El Camino Real.
widen and improve Palomar Airport Road (IvRoad") and the
intersection (the fvIntersectionll) of Palomar Airport Road and El
Camino Real (the 1gProject11).
The City intends to
3. In connection with the Project, the City desires
to acquire an easement (the "Project Parcel Easementvv) for road,
utility, drainage and slope/temporary construction purposes over
an approximate five acre parcel (the "Project Parceltv) of the
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A #A2 CSAGRUB 002 June 1 19
Property adjacent to the Road and the Intersection. The Project
Parcel is more particularly described as Exhibit B attached
hereto.
4, The City has requested that the Trustee convey tY
Project Parcel Easement to the City at this time without monetar
compensation.
5. Trustee agrees to convey the Project Parcel
Easement to the City without monetary compensation subject to tl
terms and conditions set forth in this Agreement.
NOW, THEREFORE, in consideration of the mutual
covenants contained herein, the City and Trustee agree as
follows:
1. Conveyance of Project Parcel Easement.
a. The Trustee agrees to convey the Project
Parcel Easement to the City without monetary compensation
subject to the terms and conditions hereinafter set forth.
b. The Trustee shall convey the Project Parcel
Easement to the City within ten (10) days of Trustee's
receipt of the City's written request for such conveyance.
Such written request may be made at any time after
satisfaction of all of the conditions set forth in
Paragraphs 2, 6b and 8; provided, however, if such written
request is not made within ninety (90) days of City Counci
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approval as provided in Paragraph 8, this Agreement shall
automatically terminate and neither party shall have any
further rights or obligations under this Agreement. .
c. Upon conveyance of the Project Parcel
Easement, the City agrees to award the construction contra
for the Project within one hundred eighty (180) days
thereafter and diligently pursue completion of the Project
including but not limited to completion of all of the work
described in Exhibits C, D and E attached hereto. In the
event that the City does not award the construction contra
for the Project within one hundred eighty (180) days after
conveyance o'f the Project Parcel Easement to the City, up0
the written request of the Trustee, the City shall release
the Project Parcel Easement and shall have no further righ
to the Project Parcel Easement.
2. Project Financina and Land. The City shall
confirm in writing to the Trustee that all financing necessary
commence and complete the Project is in hand and that the City
other appropriate governmental entity has acquired all land
necessary to commence and complete the Project. Such written
confirmation must be received by the Trustee prior to the City
requesting conveyance of the Project Parcel Easement.
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3. Description of the Project.
a. Attached hereto as Exhibit C is a descripti
by item and estimated cost per item of the improvements
comprising the Project.
b. Attached hereto as Exhibits D and E is a
description by item and estimated cost per item of that
portion of the improvements comprising the Project that wi
be performed on land adjacent to the Property.
particular, the work described in Exhibit D pertains to th
improvement of the Intersection and the work described in
Exhibit E pertains to the improvement of the Road adjacent
to the Property.
In
c. The City agrees to pay all of the costs of
the Project, including but not limited to the work describ
in Exhibits C, D and E, except as otherwise expressly
provided in Paragraph 5 hereof.
d. Concurrently with the completion of the
Project, the main water line running under the Road will t:
replaced by the Carlsbad Municipal Water District and the
gas main currently located at or near the corner of the
Property nearest the Intersection will be relocated by San
Diego Gas & Electric Company. This work is shown on plans
designated 314-3 and 318-1. As material consideration to
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the Trustee, the City assures and guarantees to the Trustee
that the work referred to in this subparagraph d will be
completed concurrently with the Project without cost or
expense to the Trustee.
4. DeveloDer Work
a. Attached hereto as Exhibit F is a descriptic
by item and estimated cost per item of such additional worl
(the lgDeveloper Work") as may be required in addition to tl
work comprising the Project in order to fully complete the
Road adjacent to the frontage of the Property and the
Intersection to the standards of the City's current Master
Plan and to the standards of all applicable building codes
The City acknowledges and agrees that the work described i.
Exhibit F in addition to the work comprising the Project,
when completed by the developer, will be sufficient to
complete all improvements to the Road adjacent to the
frontage of the Property and the Intersection required und
the City's current Master Plan and all applicable building
codes.
b. The City represents and warrants that the
cost estimates set forth for the items comprising the
Developer Work on Exhibit F were prepared by or for the Ci
and that such cost estimates represent the City's best
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estimates made in good faith of the current cost of the
Developer Work,
C. In the event the City's General Plan is
revised to require any or all of the following: (i)
additional rights of way along the frontage of the Propert
adjacent to the Road or Intersection; (ii) additional
improvements to the Road or Intersection; (iii) additional
improvements to the frontage of the Property adjacent to t
Road or Intersection (collectively, "Revised General Plan
Work1'), over and above the Developer Work, the Trustee sha
not be required to bear the cost of the Revised General P1
Work, or any portion thereof, or make dedications therefor
as a condition to obtaining, or obtaining approval of,
development entitlements or permits for the Property,
including but not limited to parcel maps, subdivision maps
development agreements, facilities plans, financing plans,
conditional use permits or building permits, unless and, i
such case, only to the extent that such Revised General P1
Work is required as a direct result of the then uses of tk
Property being substantially different in nature from thos
uses of the Property contemplated by the General Plan of t
City in effect as of the date of this Agreement.
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5. Pavment of Trustee's Cost
a. The Trustee agrees to reimburse the City fo
a portion of the cost (the ItTrustee1s Costt1) of the Projec.
improvements described on Exhibit E attached hereto.
Trustee's Cost shall not exceed the lesser of the followin1
two amounts:
The
i. The City's actual out of pocket cost fc
labor and materials comprising the work set forth on
Exhibit E, reduced by all funds received by, or
credited to, the City by TRANSNET for all Route 78
corridor improvements designated to the Project.
the event the work set forth on Exhibit E shall be
contracted out with other work, the contract cost sha
be equitably allocated between the work set forth on
Exhibit E and the other work by mutual agreement of t
City and the Trustee;
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ii. The sum of Six Hundred Forty-Nine
Thousand Dollars ($649,000).
b.
to the City thirty (30) days after a building permit or
permits are issued by the City for construction of materia
permanent improvements on the Property, or any part therec
The Trustee's cost shall be due and payable
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However, the Trustee may pay the Trustee's cost at any timt
prior to such due date.
c. In the event that the Trustee does not'pay
the Trustee's Cost within thirty (30) days after completio
of the Project, the City shall have the right to adjust th
Trustee's Cost by a percentage not exceeding the percentag
increase or decrease in the Construction Cost Index as
published by the Engineering News Report for the area in
which the Property is located for the period commencing wi
the date of completion of the Project and ending with the
date of payment of the Trustee's Cost: provided, however,
that any such percentage increase shall not exceed six and
one-half percent (6.5%) per annum: provided further, that
the Trustee's Cost shall not be reduced below the amount
originally determined pursuant to Paragraph 5a hereof.
d. Except as otherwise specifically provided i
this Paragraph 5, all costs of the Project shall be borne
the City and shall not be charged back to the Trustee or
assessed against the Property in any manner whatsoever
including but not limited to by way of general or special
property taxes, special assessments, improvement bonds
(public or private), "in lieu" fees or private benefit
assessments.
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6. Title.
a. Prior to the conveyance of the Project Parc
Easement to the City by the Trustee, the City shall have t
right, at the City's sole cost and expense, to examine tit
to the Project Parcel and to review all covenants,
conditions, restrictions, reservations, easements, rights,
rights of way and other matters affecting title now of
record or appearing by evidence on the land. The City
acknowledges and agrees that the Trustee has not made nor
shall the Trustee be required to make any representation c
warranty with respect to title to the Project Parcel.
b. The Trustee has informed the City that the
Property, including the Project Parcel, is subject to
general liens for federal and state estate taxes due in
connection with the estate of Mary E. Bressi, deceased, ar
a recorded, special lien for federal estate taxes. Upon
execution of this Agreement, the Trustee agrees to use it:
reasonable efforts to secure from the Internal Revenue
Service a subordination of the special lien for federal
estate taxes to the Project Parcel Easement. In connectic
with securing such a lien subordination, the City agrees 1
provide to the Trustee and the Internal Pevenue Service SI
information in the possession or control of the City
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regarding the Project Parcel or the Property or the Project
that may be reasonably necessary to secure such lien
subordination. In the event that within one hundred twentl
(120) days of City Council approval as provided in Paragrag
8, the Trustee is unable to secure a subordination of the
special lien for federal estate taxes to the Project Parcel
Easement, this Agreement may be terminated by the City upor
written notice to the Trustee given within ten (10) days 01
the expiration of such one hundred twenty (120) day period,
In the event of such termination, neither party shall have
any further rights or obligations under this Agreement. 11
the event that within one hundred twenty (120) days of Cit]
Council approval, the Trustee is unable to secure a
subordination of the special lien for federal estate taxes
to the Project Parcel Easement, the City, by failing to gi7
such written notice of termination, shall accept the Projet
Parcel Easement subject to such lien.
c. The Trustee has informed the City that
Elizabeth B. Wiegand owns a parcel of land surrounded by tl
Property and that she owns an easement (the "Wiegand
easement") extending from her land to the Road. The Trustt
and the City agree that the Trustee shall have no
responsibility with respect to obtaining any conveyances,
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releases or subordinations of the Wiegand easement as it
affects the Project Parcel or the Project Parcel Easement.
d. Subject to the foregoing provisions of this
Paragraph 6, the Trustee shall cooperate with the City in
obtaining subordination agreements from applicable lien
holders and title interests reasonably required by the Cit
to secure required Project construction rights.
7. Access Rishts.
Notwithstanding anything expressly or impliedly
contained in this Agreement or in any conveyance or other
document or instrument executed and delivered pursuant to this
Agreement, neither the execution of this Agreement by the
Trustee, nor the conveyance of the Project Parcel Easement by t
Trustee to the city, nor the execution and delivery by the
Trustee of any document or instrument pursuant to this Agreemen
shall be deemed or construed as a conveyance, release or waiver
by the Trustee of any access rights from the Property to the Ro
or as a conveyance, release or waiver of any rights to curb cut
driveways or other access points to the Property.
8. City Council Amroval.
This Agreement shall not be binding upon the parties
unless and until it is approved by the City Council of Carlsbad
and executed at its discretion. The City agrees to use its
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reasonable efforts to obtain such approval and execution.
City Council of Carlsbad does not approve this Agreement within
sixty (60) days of its execution by the Trustee, this Agreement
shall automatically terminate upon expiration of such sixty (60)
day period and neither party shall have any further rights or
obligations under this Agreement.
If th
9. No Warranties.
It is agreed that the Project Parcel Easement, and the
interest in the Project Parcel conveyed by the Project Parcel
Easement, shall be conveyed by the Trustee and accepted by the
City as is and with all faults and that the Trustee is making nc
representations or warranties regarding the condition of or tit1
to the Project Parcel, nor regarding the suitability of the
Project Parcel for any particular use or purpose, nor regarding
the physical or environmental condition (including soils,
subsoils and geology) of all or any portion of the Project Parce
or any structures or other improvements constituting a part
thereof, nor regarding the size, acreage or dimensions of the
Project Parcel, nor whether the Project Parcel may be situated j
a special study zone as designated in Sections 2621-2625 of the
California Public Resources Code, nor whether the Project Parcel
may be situated in a flood hazard zone as designated on any
Special Flood Zone Area Map of the Department of Housing and
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Urban Development, nor whether the Project Parcel is "border
zone" property, nor regarding any other matter or thing
whatsoever, it being understood that the City has obtained'its
own independent assurances as to all such matters to such extenl
as the City has deemed necessary or appropriate.
acknowledges that the Trustee, Trustee's agents and other persor
acting on behalf of the Trustee have made no representation or
warranty of any kind in connection with any matter relating to
the condition, value, fitness or use of the Project Parcel upon
which the City has relied directly or indirectly for any purpose
10. Indemnity. The City agrees to indemnify, defend
(with counsel reasonably satisfactory to the indemnitee) and hol
harmless the Trustee, its officers, directors, employees,
representatives, agents and beneficiaries, and their respective
heirs, successors and assigns, from and against all claims,
demands, obligations, liabilities, damages, actions, causes of
actions, suits and expenses (including attorneys' fees and costs
of every nature, character or description for personal injury 01
property damage to any person or entity arising from, or allegec
to arise from, the construction of the Project or from any use,
activity, work or thing done on or about the Project Parcel
occurring any time whatsoever after commencement of any work on
the Project. Additionally, as material consideration to the
The City
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Trustee, the City hereby assumes all risk of damage to property
of the City or injury to persons in, on or about the Project
Parcel arising from any cause whatsoever and the City hereby
waives all claims in respect thereof against the Trustee.
11. Miscellaneous.
a. This document contains the final and complet
agreement of the parties with respect to the subject matte1
hereof and supersedes any prior agreement, written or oral,
with respect to such matters. This Agreement may be amendc
at any time and from time to time, but only by a writing
signed by both parties.
b. This Agreement shall be binding upon, and
inure to the benefit of, the parties hereto and their
respective successors and assigns, and shall run in favor c
and be binding on the present and future owners of the
Property or any portion thereof, and their respective
successors and assigns.
c. Each party shall, at the request of the
other, execute, acknowledge (if appropriate) and deliver
whatever additional documents, and do such other acts, as
may be reasonably required in order to accomplish the
purposes of this Agreement.
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d. Any notice required or permitted to be give
pursuant to the provisions of this Agreement must be
writing and shall be effectively given if delivered
personally or sent by United States Mail, postage prepaid,
certified or registered, return receipt requested, to the
City and Trustee at the addresses stated below.
by mail shall be deemed to have been given on the earlier
date of receipt or the third regular business day next
following the date of deposit in the United States Mail.
Either party shall have the right to change its address to
which notices shall thereafter be sent by giving the other
party notice thereof.
in
Notice se
If to the City: City of Carlsbad Engineering Department
2075 Las Palmas Drive Carlsbad, California 92009 Attn: Lloyd B. Hubbs
If to the Trustee: Bank of America National Trust and Savings Association
234 E. Colorado Boulevard P. 0. Box 90610 Pasadena, California 91109 Attn: Kathleen Ofconnor Robertsor Esq.
With a copy to: Carlo Sima, Esq. Parker, Milliken, Clark,
333 S. Hope St., 27th Floor Los Angeles, California 90071
OfHara & Samuelian
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e. In the event either party commences an actic
to determine or enforce such party's rights under this
Agreement, the prevailing party in such action as determine
by the court shall be entitled to recover such reasonable
attorneys' fees and costs as the prevailing party may incul
Time is of the essence in the performance of f.
all obligations and the satisfaction of all conditions set
forth herein.
g. This Agreement and the obligations of the
parties hereunder shall be interpreted, construed and
enforced in accordance with the laws of the State of
California. .
h. No provision of this Agreement shall be
interpreted or construed against one party on the grounds
that such party or such party's counsel drafted the
provision at issue.
i. Bank of America National Trust and Savings
Association is executing this Agreement solely in its
capacity as Trustee of the Mary E. Bressi Trust. The
Trustee shall not be liable personally to the City in the
event of any actual or alleged breach of any provision of
this Agreement. The City agrees to look solely to the trus
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estate and not to the Trustee in its individual capacity fc
any remedy or damages for breach of this Agreement.
IN WITNESS WHEREOF, the parties have executed this
Agreement as of the day and year first above written.
Date: 7 - 13---7z
Attest:
Aletha Rautenkranz, City perk
APPROVED AS TO FORM:
Ronald R. Ball
Acting City Attorney
BY Ud-. ikue Acting City Attorney
74t rift6
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BANK OF AMERICA, NT&SA, AS SUCCESSOR BY MERGER TO SECURITY
PACIFIC NATIONAL BANK, AS TRUSTEE UNDER DECLARATION OF TRUST DATED JUNE 2, 1988 F/B/O MARY E. BRESSI
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By I ,/ -flj c’ !~p-~,j
Kathleen O’Connor Robertson
Its Vi President 7
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BY 1 LwL/f:&& /+ ,&b
Randall F.’Ge
Its Vice Pres
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BRESSI RANCH
e
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Exhibit A
,. 0 E XH I B IT "A" 0
AI-!- OF I-OT "AI' OF THE SUBDIVISION OF AGUA HEDIONDAJ IN THE COUNTY OF DIEGO, STATE OF CAIIFORNIA, ACCORDING TO THE MAP THEREOF NO. 823, FIL
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 169 1
AND AS MORE PARTICU'-ARLY SHOWN ON RECORD OF SURVEY MAP NO. 5456, FII-E THE OFFICE OF THE COUNTY RECOROER OF SAN DIEGO COUNTY, APRIL 29, 196C
EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOcI,OwS:
BEGINNING AT THE OOINT OF INTERSECTION OF THE SOUTH LINE OF SAID LOT
WITH THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF SECTION 24, TOW 12 SOUTHJ RANGE 4 WEST* SAN BERNARDINO BASE AND MERIDIAN; THENCE A1,ON NORTHER'-Y PROLONGATION OF THE EAST LINE OF SAID SOUTHWEST QUARTER NOR
THENCE NORTH flO'42'03" EAST, 1380.00 FEET; THENCE NORTH 89'17'57" WES 2080.76 FEET TO A POINT IN THE EASTERLY LINE OF THE COUNTY ROAD 90.00
WIDE AS DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO RECORDED JUI-Y 24
'-IN€ SOUTH 08'09'20" WEST, 723.95 FEET TO A TANGENT 1845.00 FOOT RADII CU.SVE CONCAVE WESTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE ,
FEET TO A POINT IN THE WESTERLY LINE OF SAID LOT "A"; THENCE AI-ONG SA
AND SOUTH 27'21'24" WEST, 1319.81 FEET TO THE SOUTHWESTERLY CORNER OF LOT ''A''; THENCE ALONG THE SOUTH LINE THEREOF SOUTH 89'26'07" EAST, 49, FEET TO THE POINT OF BEGINNING.
0n~4z~o3~~ EAST, 965.00 FEET; THENCE NORTH 89'17'57'' WEST 2180.00 FEET
AS FILE/PAGE NO. 130797 OF OFFICIAL RECORDS; THENCE ALONG SAID EASTERI
WESTERLY LINE SOUTH 08~0~59~~ WEST, 136.31 FEET TO AN ANGLE POINT THE\
AI-SO EXCEPTING THEREFROM THAT PORTION LYING WITHIN THE 8OUNDARY OF PAI
AS SHOWN ON A PARCEL MAP"F1LED IN BOOK OF,PARCEI- MAPS AT PAGE 1763 IN
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
AND ALSO EXCEPTING THEREFROM THAT PORTION, IF ANY, LYING NESTER)-Y OF 1
EAsrERI-Y BOUNDARY OF THAT PART OF COUNTY ROAD SURVEY NO. 1800-1 (90.0(
WIDE) AS DESCRIBED IN PARCEL 68373-~ IN DEED TO THE COUNTY OF SAN DIE[
RECORDED JULY 24, 1970 AS FI',E/PAGE NO. 130797 OF OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM THAT PORTION DESCRIBED IN DEED TO THE CITY OF
CARI-SBAO* A MUNICIPAI- CORPORATION OF THE STATE OF CALIFORNIA, RECORDEC
AUGUST 25, 1987 AS FILE/PAGE NO. 87-482006 OF OFFICIAL RECORDS, BEING PARTICULARIY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTHERLY LINE OF SAID LOT "A" AT THE INTE
TlON WITH THE NORTHERLY RIGHT OF WAY OF PALOMAR AIRPORT ROAD AS SHOWN
ROAD SURVEY NO. 7579 FIl-ED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
FEET TO THE INTERSECTION WITH NORTHERLY RIGHT OF WAY OF SAID ROAD SURV
NO. 757, SAID POINT BEING ON A NON-TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 318.90 FEET (320.00 FEET PER ROAD SURVEY NO- 757)s
RADIA!. LINE THROUGH SAID POINT BEARS NORTH 36'12'24'' EAST; THENCE ALON
SAID CURVE AND NORTHERI-Y RIGHT OF WAY OF SAID ROAD SURVEY NO* 7579 THR
A CENTRAL ANGI-E OF 50'27'52" AN ARC LENGTH OF 280.88 FEET; THENCE TANG
TO SAID CURVE, NORTH 75'44'32" EAST 401.64 FEET TO 8EGINNING OF A TANG
CURVE CONCAVE SOUTHEASTERI-Y AND HAVING A RADIUS OF 3,034-59 FEET (3,031
FEET PER SAID ROAD SURVEI NO- 757); THENCE AI-ONG SAID CURVE THROUGH A
CENTRA!, ANGI-E OF 1'13'44 AN ARC LENGTH OF 65.08 FEET TO THE POINT OF
DIEGO COUNTY: THENCE ALONG SAID NORTHERLY LINE SOUTH 85'02'03'' WEST 72
BEGINNING.
9. 0 e
PERMANENT EASEMENT
FOR ROAD PURPOSES
Exhibit B (Part One)
0 0 .\
j f110204.00 (19) RJT
#19ROADS. LGL
, A.P.N. 213-030-16 March 21, 1991
ROAD DEDICATIONS
THE FOLLOWING DESCRIBED ROAD DEDICATIONS ARE OVER, ALONG AND ACROSS
THAT PORTION OF PARCEL 1 OF PARCEL MAP NO. 1763, ACCORDING TO MAF
COUNTY JULY 20, 1973, AND A PORTION OF LOTS "A", t'B" AND "G" OF RANCHO AGUA HEDIONDA ACCORDING TO PARTITION MAP THEREOF NO. 823 AS
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY
NOVEMBER 16, 1896, ALL IN THE CITY OF CARLSBAD, COUNTY OF SAh
DIEGO, STATE OF CALIFORNIA, SAID ROAD DEDICATIONS BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS :
THEREOF FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGC
PARCEL "A'@- PALOKAR AIRPORT ROAD :
BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL 1 OF PARCEL MAE
NO. 1763, BEING A POINT ON A LINE 30.00 FEET SOUTHERLY OF ANE
CONCENTRIC WITH THE CENTERLINE OF ROAD SURVEY NO. 757 KNOWN A5
PALOMAR AIRPORT ROAD, AND ALSO BEING A POINT ON THE ARC OF €
1170.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL LINE TO SA11
POINT BEARS NORTH 2'10'07" EAST; THENCE SOUTHERLY ALONG THE EASTERLY LINE OF SAID PARCEL 1 SOUTH 2'38'01" EAST (SOUTH 2'37'58'
EAST PER PARCEL MAP NO. 1763 AND REFERRED TO HEREAFTER AS RECORD)
74.35 FEET TO A POINT ON THE ARC OF A NON-TANGZNT 2137.00 Fool
RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL LINE TO SAID POINT BEAR:
NORTH 4'10'00" EAST; THENCE LEAVING THE EASTERLY LINE OF SAIt PARCEL 1, WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRA1
ANGLE OF 14.34'07" A DISTANCE OF 543.38 FEET; THENCE TANGENT T(
SAID CURVE SOUTH 79.35'53" WEST 522.11 FEET TO THE BEGINNING OF I
TANGENT 3063.00 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCI
WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE 01
26'57'28'' A DISTANCE OF 1441.15 FEET; THENCE TANGENT TO SAID CURVI
NORTH 73'26'39" WEST 452.20 FEET TO THE BEGINNING OF A TANGEN:
2937.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE WESTERLY ALON(
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 21'31'22" 1
DISTANCE OF 1103.26 FEET; THENCE TANGENT TO SAID CURVE SOUTI
85'01'59" WEST 1284.41 FEET TO THE BEGINNING OF A TANGENT 2941.5! FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY ; THENCE SOUTHWESTERLY ALON(
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 8'15'53'' A
DISTANCE OF 424.31 FEET; THENCE TANGENT T.0 SAID CURVE SOUTI
76'46'06'' WEST 533.72 FEET TO AN INTERSECTION WITH THE NORTHERL LINE OF SAID PARCEL I. OF PARCEL MAP NO. 1763, SAID POINT BEING 01
THE ARC OF A NON-TANGENT 139.59 FOOT RADIUS CURVE CONCAV'
1
e a '.
j#10204.00 (19) RJT
119ROADS. KGL
A.P.N. 213-030-16 March 21, 1991
SOUTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 48.48'37"
WEST: THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRYL ANGLE OF 34'351361q A DISTANCE OF 84.28 FEET: THENCE TANGENT
TO SAID CURVE AND ALONG A LINE 30.00 FEET SOUTHERLY OF AND PARALLEL
WITH THE CENTERLINE OF SAID ROAD SURVEY NO. 757, NORTH 75'46'59''
EAST 401.60 FEET (NORTH 75'46'27" EAST 401.65 FEET RECORD) TO THE
BEGINNING OF A TANGENT 2279.99 FOOT RADIUS CURVE CONCAVE
SOUTHEASTERLY: THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 9'15'00" (9'15'00" RECORD) A DISTANCE OE
479.49 (479.48 FEET-RECORD) FEET: THENCE TANGENT TO SAID CURVE
NORTH 85*01'59" EAST 1287.40 FEET (NORTH 85'01'27" EAST 1286.6:
FEET-RECORD) TO THE BEGINNING OF A TANGENT 2970.00 FOOT RADIU:
CURVE CONCAVE SOUTHERLY: THENCE EASTERLY ALONG THE ARC OF SA11
CURVE THROUGH A CENTRAL ANGLE OF 21'31'22" (21'31'57'' RECORD) I
DISTANCE OF 1115.66 (1116.38 RECORD) FEET: THENCE TANGENT TO SA11
CURVE SOUTH 73'26'39" EAST 452.20 FEET (SOUTH 73'26'36" EAST 451.5'
FEET-RECORD) TO THE BEGINNING OF A TANGENT 3030.00 FOOT RADIU:
CURVE CONCAVE NORTHERLY; THENCE EASTERLY ALONG THE ARC OF SA11
DISTANCE OF 1425.62 (1424.99 RECORD) FEET: THENCE TANGE?IT TO SAX! CURVE NORTH 79'35'53'' EAST 815.05 FEET (NORTH 79'35'57" EAST 813.2 FEET-RECORD) TO THE BEGINNING OF A TANGENT 1170.00 FOOT =DIU<
CURVE CONCAVE SOUTHERLY: THENCE EASTERLY ALONG THE ARC OF SA1
CURVE THROUGH A CENTRAL ANGLE OF 12'34'14" (12'37'08'' RECORD)
DISTANCE OF 256.70 (257.68 RECORD) FEET TO THE POINT OF BEGINNING
THE RIGHT TO EXTEND AND MAINTAIN DRAINAGE STRUCTURES AND EXCAVATIO
AND EMBANKMENT SLOPES BEYOND THE LIMITS OF THE RIGHT-OF-WAY WHER
REQUIRED FOR CONSTRUCTION AND MAINTENANCE, IS INCLUDED WITHIN AN
MADE A PART HEREOF.
THE AREA WITHIN THE ABOVE DESCRIBED PARCEL ',A" ROAD DEDICATION I
215864 SQUARE FEET OR 4.956 ACRES.
CURVE THROUGH A CENTRAL ANGLE OF 26'57'28" (26'56'45" RECORD) 4
PARCEL oWe- EL CAMINO REAL:
COMMENCING AT THE NORTHWEST CORNER OF SAID PARCEL 1 OF PARCEL W
NO. 1763, BEING THE NORTHERLY TERMINUS OF A LINE WITH A BEARING Ab
DISTANCE OF NORTH 38'11'41" WEST 354.06 FEET PER SAID PARCEL MA1
THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID PARCEL 1, SOU7
38*11eS3" EAST (NORTH 38*11'4lto WEST RECORD) 23.10 FEET TO 1
INTERSECTION WITH A NON-TANGENT 50.00 FOOT RADIUS CURVE CONCAY
SOUTHEASTERLY, THE SOUTHWESTERLY TERMINUS OF SAID CURVE BEING 1':
POINT OF TANGENCY WITH THE EASTERLY LINE OF ROAD S'JRVEY NO. 1800.
(126 FOOT WIDE EL CAMINO REAL) AND THE NORTHEASTERLY TERMINUS (
*
2
e 0 '\
j 110204 . 00 (19) RJ' fl9ROADS.U
March 21, 199
A.P.N. 213-030-1
SAID CURVE BEING AT ITS POINT OF TANGENCY WITH A LINE THAT I
PARALLEL WITH AND DISTANT 63.00 FEET AT RIGHT ANGLES SOUTHERLY FRO
THE CENTERLINE OF SAID ROAD SURVEY N0.757 (PALOMAR AIRPORT ROAD) A
DESCRIBED IN PARCEL NO. 74-0825-A, VACATION 74-31, RECORDE
NOVEMBER 14, 1974 AS FILE/PAGE NO. 74-301818 OF OFFICIAL RECORDS
IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY,
INTERSECTION ALSO BEING THE TRUE POINT OF BEGINNING; THENCE LEAVIN
SAID WESTERLY LINE OF PARCEL MAP NO. 1763 NORTHEASTERLY ALONG TP
ARC OF THE ABOVE DESCRIBED 50.00 FOOT RADIUS CURVE THROUGH
CENTRAL ANGLE OF 24'18'10" A DISTANCE OF 21.21 FEET TO P INTERSECTION WITH A NON-TANGENT 30.00 FOOT RADIUS CURVE CONCAC
SOUTHEASTERLY, A RADIAL LINE TO SAID 50.00 FOOT RADIUS CURVE BEAF
NORTH 24'44'44" WEST, AND A RADIAL LINE TO SAID 30.00 FOOT RADII.
CURVE BEARS NORTH 63'30'32*' WEST; THENCE SOUTHERLY ALONG SAID 30.C
FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 36'33 ' 25" A DISTANC
OF 19.14 FEET TO THE BEGINNING OF A 510.00 FOOT RADIUS COMPOUE
CURVE CONCAVE EASTERLY, A RADIAL LINE TO SAID POINT BEARS SOU7
79'56'03'' WEST; THENCE SOUTHERLY ALONG SAID 510.00 FOOT RADII
CURVE THROUGH A CENTRAL ANGLE OF 10'34"' 16" A DISTANCE OF 94.10 FEI
TO THE BEGINNING POINT OF A 2029.82 FOOT RADIUS REVERSE CUR\
CONCAVE WESTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 69'21'4' EAST: THENCE SOUTHERLY ALONG THE ARC OF SAID 2029.82 FOOT RADII:
CURVE THROUGH A CENTRAL ANGLE OF 02'16'58" A DISTANCE OF 80.87 FEI
TO THE BEGINNING POINT OF A 242.00 FOOT RADIUS COMPOUND CUR1
CONCAVE SOUTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS NOR'
71'38'45'' EAST; THENCE SOUTHERLY ALONG THE ARC OF SAID 242.00 FO(
RADIUS CURVE THROUGH A CENTRAL ANGLE OF 9'28'05" A DISTANCE (
39.99 FEET; THENCE TANGENT TO SAID CURVE SOUTH 8*53'10" EAST 315.1
FEET TO A POINT OF CUSP WITH A 2063.11 FOOT RADIUS CURVE CONCA'
WESTERLY, A RADIAL LINE TO SAID POINT OF CUSP BEARS NORTH 81'06'5
EAST, SAID CURVE BEING 63.00 FEET EASTERLY OF AND CONCENTRIC WI'
THE CENTERLINE OF ROAD SURVEY NO- 1800-1 (EL CAMINO REAL): THEN
NORTHERLY ALONG THE ARC OF SAID CONCENTRIC CURVE THROUGH A CENTR
ANGLE OF 13'38'13" A DISTANCE OF 491.04 FEET TO THE SOUTHWESTER
TERMINUS OF A 50.00 FOOT RADIUS REVERSE CURVE CONCAVE SOUTHEASTER
AS DESCRIBED ABOVE AND IN PARCEL NO. 74-0825-A, VACATION 74-3
RECORDED NOVEMBER 14, 1974 AS FILE/PAGE NO. 74-301818 OF OFFICI
RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIE
COUNTY: THENCE NORTHEASTERLY ALONG THE ARC OF SAID 50.00 FO
RADIUS CURVE THROUGH A CENTRAL ANGLE OF 63'28'29" A DISTANCE
55.39 FEET TO THE TRUE POINT OF BEGINNING.
THE RIGHT TO EXTEND AND MAINTAIN DRAINAGE STRUCTURES AND EXCAVATI
AND EMBANKMENT SLOPES BEYOND THE LIMITS OF THE RIGHT-OF-WAY WHE
REQUIRED FOR CONSTRUCTION AND MAINTENANCE, IS INCLUDED WITHIN A
RADIAL LINE TO SAID POINT BEARS NORTH 49'02'54'' WEST, SAID POINT 0
3
0 e *.
j #10204.00 (1'9) RJT
# 19ROADS. LGL
A.P.N. 213-030-16 March 21, 1991
MADE A PART HEREOF.
9 THE AREA WITHIN THE ABOVE DESCRIBED PARCEL "B" IS 8789 SQUARE FEE?
OR 0.202 ACRE.
PARCEL "C" - EL FUERTE STREET
COMMENCING AT THE NORTHEAST CORNER OF SAID PARCEL 1 OF PARCEL MA1
NO. 1763, BEING A POINT ON A LINE 30.00 FEET SOUTHERLY OF ANI
CONCENTRIC WITH THE CENTERLINE OF ROAD SURVEY NO. 757 KNOW A:
PALOMAR AIRPORT ROAD, AND ALSO BEING A POINT ON THE ARC OF I
1170.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL LINE TO SA11
POINT BEARS NORTH 2'101071' EAST: THENCE WESTERLY ALONG THI
NORTHERLY LINE OF SAID PARCEL 1 ALSO BEING A LINE 30.00 FEE:
SOUTHERLY OF AND PARALLEL WITH THE CENTERLINE OF SAID ROAD SURVE'
NO. 757 THE FOLLOWING: ALONG THE ARC OF SAID 1170.00 FOOT RADIU!
DISTANCE OF tS6.70 (257.68 RECORD) ; THENCE TANGENT TO SAID CURV'
SOUTH 79'35'53'' WEST 815.05 FEET (NORTH 79'35'57" EAST 813.25 FEET
RECORD) TO THE BEGINNING OF A TANGENT 3030.00 FOOT RADIUS CURV'
CONCAVE NORTHERLY; THENCE WESTERLY ALONG THE ARC OF SAID CURV'
A POINT ON THE CENTERLINE OF EL FUERTE STREET DEDICATED PER CITY 0
CARLSBAD TRACT NO. 7421 ACCORDING TO THE MAP THEREOF NO. 1037
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEG
COUNTY, A LINE RADIAL TO SAID POINT BEARS SOUTH 10'46'09" WEST
THENCE LEAVING SAID NORTHERLY LINE OF SAID PARCEL 1 AND SA1
PARALLEL LINE, ALONG SAID RADIAL LINE SOUTH 10'46'09" WEST 33.0
FEET TO A POINT ON THE ARC OF A 3063.00 FOOT RADIUS CURVE CONCAV
NORTHERLY BEING 33-00 FEET SOUTHERLY OF AND CONCENTRIC WITH SA1
3030.00 FOOT RADIUS CURVE; THENCE WESTERLY ALONG THE ARC OF SA1
3063.00 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 1' 16 t 14"
DISTANCE OF 67.92 FEET TO A POINT OF CUSP WITH A 25.00 FOOT RADIU
CURVE CONCAVE SOUTHWESTERLY, A RADIAL LINE TO SAID POINT BEAR
NORTH 12.02'23" EAST, SAID POINT BEING TRE TRUE POINT OF BEGINNING
THENCE SOUTHEASTERLY ALONG THE ARC OF SAID 25.00 FOOT RADIUS CURV
THROUGH A CENTRAL ANGLE OF 86'13'461' A DISTANCE OF 37.62 FEET
THENCE TANGENT TO SAID CURVE SOUTH 8*161091a WEST 19.57 FEET: THENC
SOUTH 79'13'51" EAST 85-27 FEET; THENCE NORTH 13'16'09" EAST 19.5 FEET TO THE .BEGINNING OF A TANGENT 25.00 FOOT RADIUS CURVE CONCAt
SOUTHEASTERLY: THENCE NORTHEASTERLY A'LONG THE ARC OF SAID CUR1
THROUGH A CENTRAL ANGLE OF 86'.13'46" A DISTANCE OF 37.62 FEET TO
POINT OF CUSP WITH THE AFORESAID 3063.00 FOOT RADIUS CJRVE CONCAI
CURVE THROUGH A CENTRAL ANGLE OF 12'34'14" (12'37'08" RECORD) d
THROUGH A CENTRAL ANGLE OF 21'10@1611 A DISTANCE OF 1119.60 FEET Tc
4
e 0 ..
j # 10204.00 ( 19 ) RJT # 19ROADS. LGL
A.P.N. 213-030-16 March 21, 1991
NORTHERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 9'29'55" WEST;
THENCE WESTERLY ALONG THE ARC OF SAID 3063.00 FOOT RADIUS CURVE
THROUGH A CENTRAL ANGLE OF 2.32'28" A DISTANCE OF 135.83 FEET TO
THE TRUE POINT OF BEGINNING.
THE RIGHT TO EXTEND AND MAINTAIN DRAINAGE STRUCTURES AND EXCAVATION
AND EMBANmENT SLOPES BEYOND THE LIMITS OF THE RIGHT-OF-WAY WHERE
REQUIRED FOR CONSTRUCTION AND MAINTENANCE, IS INCLUDED WITHIN AND
MADE A PART HEREOF.
THE AREA WITHIN THE ABOVE DESCRIBED PARCEL "C" ROAD DEDICATION IS
3962 SQUARE FEET OR 0.091 ACRE.
THE ABOVE LEGAL DESCRIPTIONS WERE PREPARED BY ME OR UNDER MY
DIRECTION.
3/z;y/59/
LICENSE EXPIRES: 12-31-92
5
* 0 ..
j #10204.00 (19) RR
#19DRAIN. LG
A.P.N. 213-030-1
April 3, 199
DRAINAGE EASEMENT
THE FOLLOWING EASEMENT IS FOR DRAINAGE PURPOSES AND APPURTENANCE
OVER, UNDER, ALONG AND ACROSS A PORTION OF PARCEL 1 OF PARCEL MA
NO. 1763 ACCORDING TO MAP THEREOF FILED IN THE OFFICE OF THE COUN?
RECORDER OF SAN DIEGO COUNTY JULY 20, 1973, IN THE CITY C CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, SAID EASEMEh BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID PARCEL 1 OF PARCEL Mp
NO. 1763, THENCE SOUTHERLY ALONG THE EASTERLY LINE OF SAID PARCE
MAP SOUTH 2'38'01" EAST (SOUTH 2'37'58" EAST PER PARCEL MAP NC
1763) 74.34 FEET TO A POINT ON THE ARC OF A NON-TANGENT 2137.C
FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL BEARING TO SAID POI1
BEARS NORTH 4*10'00" EAST, SAID CURVE BEING THE SOUTHERLY RIGHT-01
WAY LINE OF PALOMAR AIRPORT ROAD; THENCE WESTERLY ALONG THE ARC C SAID CURVE AND SAID SOUTHERLY RIGHT-OF-WAY THROUGH A CENTRAL ANGI
CURVE SOUTH 79'35'53" WEST 522.11 FEET TO THE BEGINNING OF
TANGENT 3063.00 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENC
WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE C
NORTH 73'26'39" WEST 452.20 FEET TO THE BEGINNING OF A TANGEI
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 21'31'22"
DISTANCE OF 1103.26 FEET; THENCE TANGENT TO SAID CURVE SOU'
LEAVING SAID SOUTHERLY RIGHT-OF-WAY SOUTH 58'01'59" WEST 54.!
OF 1.4'34' 07" A DISTANCE OF 543.38 FEET: THENCE TANGENT TO SA1
26'57'28" A DISTANCE OF 1441.15 FEET: THENCE TANGENT TO SAID CURT
2937.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE WESTERLY ALOr
85*0115918 WEST 95.77 FEET TO THE TRUE POINT OF BEGINNING; THEN(
FEET: THENCE SOUTH 31'28'051* WEST 22.36 FEET: THENCE SOU:
58'01159" WEST 15.00 FEET: THENCE NORTH 31'58101*8 WEST 40.00 FEE!
THENCE NORTH 58*0115918 EAST 15.00 FEET: THENCE NORTH 84*3515311 EA!
22.36 FEET; THENCE NORTH 58'01'59" EAST 15.30 FEET TO A POINT (
THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID PALOMAR AIRPORT ROAl
THENCE EASTERLY ALONG SAID RIGHT-OF-WAY LINE NORTH 85'01'59" EAi
44.05 FEET TO THE TRUE POINT OF BEGINNING.
THE AREA WITHIN THE ABOVE DESCRIBED PARCEL IS 1899 SQUARE FEET t
0.044 ACRE.
1
e *
.I
j #10204.00 (19) RJ1
April 3, 199:
#19DRAIN.LGI
A.P.N. 213-030-1t
THE ABOVE LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER M
DIRECTION.
//is/
DA- A. DAVIS, L.S. 5894
LICENSE EXPIRES : 12-3 1-92
2
Rovlred
Drown BY w
- -
SCllC -- CITY OF CARLSBAD td l-lG-9I SECURITY PACIFIC NATIONAL BANK, AS *"a TRUSTEE 8 CONSERVATOR FOR MARY E. BRESSl ---.----- -
R.vlr.0
Oraan ay
Seal
Ref.
--, CITY OF CARLSBAD
f-1991 SECURITY PACIFIC NATIONAL BANK, AS TRUSTEE b CONSERVATOR FOR MARY E. 8RE881 Ch?::ktd By DEDICATION FOR: -. - - -
3orlr.d MA
lrrwn By PCA.
;heckad By
80rl 1'
Rol. ASL CITY OF CARLSBAD
I - 23-91 SECURITY PACIFIC NATIONAL BANK, AS TRUSTEE AND CONSERVATOR FOR MARY E. BRE881 DEDICATION FOR*
CITY -OF CARLSBAD OVl8.d MA 3-59 -9 t
raun By 1-24-91 SECURITY PACIFIC NATIONAL BANK,
A8 .-_-_- TRUSTEE - ----- AND CONSERVATOR FOR 4r-C-l n.-
Scrl1 tu
Ref*
torlrod
)fawn er
heckad By
Scat( -- CITY OF CARLSBAD 1 SECURITY PACIFIC NATIONAL BANK, Ref. AS TRUSTEE AND CON8ERVAtOR FOR
* MARY E. BRESSI DEDICATION FOR: Tf 8Cl
srlrod
rcrtn Oy M MA
80.10 1 ''Z
Rot. , CIW OF CARLSBAD
1-24-91 SECURITY PACIFIC NATIONAL BANK, AS TRU8TEE AND CONSERVATOn Pfim
.
5HET I OF 0 0 -.
!
1
VICINITY MAP
LEGEND NOTES 0 fNaCATm =PIED DCDIC4TIW LEGAL OE~RIPTID~: ~AQ-EL I 0
AREA OF DEDIaTfON : I899 SQ. PT. OR 0.04AC
c-. PARCEL WP NO. 1763 HEREON F?a c.- m1NT OF CaAMENCEMENf AN. : 2133-030- 16 xpaa-7??LIE Ft31MT OF EGlNNlNG
( ) INDICATE3 RECORD INF=CRn/lATIOM PEp f?M. 1763
.1
EXISTING EASEMENTS
W€ A. aPV14 LfC. EXPIRATION DATE-' 12-31-92
EXHIBIT "B" 1-1 2Ew-w- 258 ssnDiegO.cAm016192324466
SC8la -- CITY OF. CARLSBAD FJ .l >OVl8Od RW Q 4- -02- 9 I
Drawn By RG4 1-16-91 SECURITY PACIFIC NATIONAL BANK, 'Of. AS TRUSTEE AND CONSERVATOR FOR LAA~V r ~n~nn. ---I------* --- -
~~ ,Checked By
I
APN 2 13-030-1 8
> 0 C P
P J\/J, NO, J 763
CF WE PM. 1762
north
k.4e Prnlkcndogkr 401 W-A' street suile 2500 s8noiegqc4m01619232.4468
Scala RW 04- 024 I , CITY OF CARLSBAD 1
,m
Revlaod
SECURITY PACIFIC NATIONAL BANK, 'Of*
' AS TRUSTEE AND CONSERVATOR FOR Drawn By I-I@-91
- - - - - - - - - - - - - - -
a @
<.
TEMPORARY EASEMENT FOR SLOPE AND CONSTRUCTION PURPOSES
(This easement shall extinguish and terminate upon such time that the Notice of Completion for the I'Palomar Airport Road - East and El Camino Real, Faraday to Palomar Airport Road - Project Number 3166" construction project is filed in the Office of the County Recorder, San Diego County, California.)
Exhibit B (Part Two)
e 0 \. !
Bmsr EASEMENT
PAGE 1 OF 3
THE FOLLOWING DESCRIBED EASEMENT IS OVER, UNDER AND ACROSS m
THEREOF FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIE(
COUNTY JULY 20,1973; AND A PORTION OF LcrrS "A", "B" AND "G" OF RANCE
AGUA HEDIONDA ACCORDING TO THE PARTITION MAP THEREOF NUMBER 823
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COWI
NOVEMBER 16,1896, ALL BEING WITHIN THE LIMITS OF THE CITY OF CARLSBA
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, SAID EASEMENT BEING MOI
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT l"E NORTHEAST CORNER OF SAID PARCEL 1, SAID POX" (
COMMENCEMENT BEING A POINT ON A LINE 30.00 FEET SOUTHERLY OF AT
CONCENTRIC WI"H THE CENTERLINE OF PALOMAR AIRPORT ROAD, SA
CENTERLINE BEING SHOWN ON ROAD SURVEY NUMBER 757, AND ALSO BED
A POINT ON THE ARC OF A 1170.00 FOOT RADIUS CURVE CONCAVE SOUTHERL
A RADIAL LINE TO SAID POINT BEARS NORTH 2010'07" EAST; THEN(
SOUTHERLY ALONG THE EASTERLY LINE OF SAID PARCEL 1 SOUTH 2038'01"E~
74.35 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 2038'01" EA:
86.64 FEET; TO A POINT ON
TO SAID POINT BEARS NORTH 1053'00" WEST; THENCE WESTERLY ALONG SA
CURVE THROUGH A CENTRAL ANGLE OF 8031'07" A DISTANCE OF 314.16 FEE
THENCE TANGENT TO SAID CURVE SOUTH 79035'53" 522.11 FEET TO A POINT ( A TANGENT 3087.00 Fo(Tr RADIUS CURVE CONVEX SOUTHERLY, A RADIAL '
SAID POINT BEARS SOUTH 10024'07" EAST; THENCE WESTERLY ALONG SA
CURVE THROUGH A CENTRAL ANGLE OF 0037'34" A DISTANCE OF 33.73 FEET 1
PORTION OF PARCEL 1 OF PARCEL MAP NUMBER 1763 ACCORDING TO THE MA
THENCE NORTH 73039'34" WEST 238.32 FEET
NON-TANGENT 2113.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADL
A POINT ON A NON-TANGENT LINE, A RADIAL TO SAID CURVE PASSIT
THROUGH SAID POINT BEARS SOUTH 9046'3~ EAST; THENCE SOUTH 50009'a
WEST 89.87 FEET; THEN(
NORTH 45006'34" WEST 96.18 FEET; THENCE SOUTH 79013'09' WEST 251.00 FEE
THENCE NORTH 83052'51" WEST 118.19 FEET; THENCE NORTH 86008'35" WE:
111.02 FEET; THENCE NORTH 76051'08" WEST 249.52 FEET; THENCE SOW
CURVE CONVEX SOUTHERLY, A RADIAL TO SAID CURVE BEARS SOUTH 9027'5
THENCE SOUTH 760 03'07" WEST 182.35 FEET;
9027'53" WEST 15.00 FEE" TO A POINT ON A NON-TANGENT 3103.00 FOO" RADII
@
NO. 4364,
0 e '.
WEST; BRESSI EASEMENT
PAGE 2 OF 3
THENCE WESTERLY ALONG SAID CURVE TI-fROUGH A CENTRAL ANGLE (
RADIAL TO SAID CURVE PASSING THROUGH SAID POINT BEARS SOUTH 11054'4
WEST; TO A POINT ON A NC
TANGENT 3088.00 FOOT RADIUS CURVE CONVEX SOUTHERLY, A RADIAL TO SA
POINT BEARS SOUTH 11054'44" WEST; THENCE WESTERLY ALONG SAID CURV
THROUGH A CENTRAL ANGLE OF 4038'37" A DISTANCE OF 250.27 FEET; THEN
TANGENT TO SAID CURVE NORTH 73026'39" WEST 217.20 FEET; THENCE NOR'
CURVE CONCAVE SOUTHERLY, A RADIAL TO SAID POINT BEARS NORTH 1022'f
EAST; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE
11024'39" A DISTANCE OF 590.84 FEET; THENCE TANGENT TO SAID CUR
SOUTH 82037* 18" WEST 267.33 FEET; THENCE SOUTH 85001'59" WEST 230.00 FE:
THENCE SOUTH 89055'56" WEST 105.39 FEET; THENCE SOUTH 85001'59" WE
225.41 FEET; THENCE SOUTH 88005'09"WEST 150.21 FEET; THENCE SOU
82059'16"WEST 280.18 FEET; THENCE SOUTH 86047'30" WEST 290.14 FEET T(
A RADIAL LINE TO SAID PO" BEARS NORTH 6032'10" WEST; THENCE WESTEI
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 6041'45" A DISTANCE
341.43 FEET; THENCE TANGENT TO SAID CURVE SOUTH 76046'06" WEST 47'
FEET; THENCE SOUTH 57050'42"WEST 109.67 FEET; "CE SOUTH 6040
EAST 189.76 FEET; THENCE SOUTH 8053'10" EAST 315.65 FEET; THENCE SO1
81006'50" WEST 20.00 FEET; THENCE NORTH 8053'10" WEST 315.65 FEET T
POINT ON A TANGENT 242.00 FOOT RADIUS CURVE CONCAVE WESTERLY
RADIAL TO SAID CURVE BEARS NORTH 81006'50"EAST; THENCE NORTHE
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 9028'05" A DISTANCE
39.99 FEET TO A POINT OF COMPOUND CURVATURE WlTH A 2029.82 Fc
RADIUS CURVE CONCAVE WESTERLY, A RADIAL LINE TOSAID CURVE AND
THE PRECEDING CURVE BEARS NORTH 71038'45" EAST FROM THE CENTER PC
CENTRAL ANGLE OF 2016'58" A DISTANCE OF 80.87 FEET TO A POIN7
REVERSE CURVATURE WlTH A 510.00 FOOT RADIUS CURVE CONVEX WESTEl
A RADIAL PASSING THROUGH SAID POINT OF REVERSE CURVATURE BE
SOUTH 69021'47" WEST FROM THE CENTER POINT OF SAID CURVE; THE
NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 10034'1
2026'51" A DISTANCE OF 132.55 FEET TO A POINT ON A NON-TANGENT LINE,
THENCE NORTH llo54'44"EAST 15.00 FEET
~~O~O*~~~WEST 566.05 FEET TO A POINT ON A TANGENT 2917.00 FOOT wr
POINT ON A NON-TANGENT 2921.59 FOOT RADIUS CURVE CONCAVE SOUTHER'
, OF SAID CURW, THENCE NORTHERLY ALONG SAID CURVE THROUGI
@ NO. 4364
4)rfne *a, \I
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. - - - - __ - - __. -- -_
BRESSI EASEME"
PAGE 3 OF 3
DISTANCE OF 94.10 FEET TO A POINT OF COMPOUND CURVATURE WITH A 30.
FOOT RADIUS CURVE CONVEX WESTERLY, A RADIAL LINE TO SAID CURVE Ah
TO THE PRECEDING CURVE BEARS SOUTH 79056'03" WEST; THENCE NORTHERI
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 36033'25" A DISTANCE (
19.14 FEET; THENCE TANGENT TO SAID CURVE NORTH 70022'56' EAST 97.35 FEE
THENCE NORTH 76046'06" EAST 533.72 FEET TO A POINT ON A TANGENT 2941.
FOOT RADIUS CURVE CONVEX NORTHERLY, A RADIAL TO SAID POINT BEAl
NORTH 13013'54" WEST; THENCE EASTERLY ALONG SAID CURVE THROUGH
CENTRAL ANGLE OF 8015'53" A DISTANCE OF 424.31 FEET; THENCE ALONG
TANGENT LINE NORTH 85001'59" EAST 1284.41 FEET TO A POINT ON A TANG=
2937.00 FOOT RADIUS CURVE CONVEX NORTHERLY,' A RADIAL TO SAID POIT
BEARS NORTH 4058'01" WEST; THENCE EASTERLY ALONG SAID CURVE THROU(
A CENTRAL ANGLE OF 21031'22" A DISTANCE OF 1103.26 FEET; THENCE TANGEl
TO SAID CURVE SOUTH 73026'39" EAST 452.20 FEET TO A POINT ON A TANGET
3063.00 FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL TO SAID POR
BEARS SOUTH 16033 '2 1 "- WEST, THENCE EASTERLY ALONG SAID CURVE THROW
A CENTRAL ANGLE OF 26057'28" A DISTANCE OF 144 1.15 FEET; THENCE TANGEl
TO SAID CURVE NORTH 79035'53"EAST 522.11 FEEI' TO A POINT ON A TANGEl
2137.00 FOOT RADXUS CURVE CONVEX NORTHERLY, A RADIAL TO SAID CUR'
BEARS NORTH 10024'07" WEST; THENCE EASTERLY ALONG SAID CUR'
THROUGH A CENTRAL ANGLE OF 14034'07" A DISTANCE OF 543.38 FEET TO TI
Said easement containing 210,547.80 square feet, more or less.
OF BEGINNING.
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1 4
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9'
VlClNrrY MAP
LEGEND NOTES
INDICATES DESCRIBED DEDICATION LEGAL DEXCRIPTION: A PORTION OF PARCEL 1 OF P.M. NO. 1763 AND
PORTION OF LOTS "'A", gr & "'G"' RANCHO AGUA HEDIONDA OF MAP
H HEREON
P.O.C. - POINT OF COMMENCEMENT
T.P.0.B.- TRUE POINT OF BEGINNING
P.0.B. - POINT OF BEGINNING A.P.N. - 213-030-16
( ) - INDICATES RECORD DATA PER AREA OF DEDICATION:
P.M. NO. 1763. PARCEL "A" - PALOMAR AIRPORT 215,864 SO. FT. OR 4.96 AC. PARCEL "B" - EL CAMINO REAL 8789 SQ. FT. OR 0.20 AC.
SHEET 1 OF 7 SHEETS . CITY OF CAR LS BAD Scale: Drawn By 0. BERNARD IDate Q --.._ :b- n--:;:- w_a:---i n--i- __ A _.__ I_- --A ________I-- ~ -
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(SHEET 2 OF 7 SHEETS I CITY OF CARLSBAD
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SHEET 3 OF 7 SHEETS CITY OF CARLSBAD
Drawn By W.BROWN Date 4- 14-92 Security Pacific Notional Bank as trustee and conservator
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KEY MAP
CITY OF CAR LS BAD Scaic SHEET 4 OF 7 SHEnS
Drawn By W.BROWN Date4-14-92'
Checked Bv nntP c.- LA
Security Pacific National Bank as trustee and conservator PR
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Drawn By W.BROWN Date 4- 14-92
Checked By Dote
CITY OF CAR LS BAD ls~olc
Security Pacific National Bank os trustee and conservator PR i fA* li--. c n----:
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CITY OF CAR LS BAD
Security Pacific National, Bank os trustee and conservator
SHEET 6 OF 7 SHEETS
Drawn By W.8ROWN Date 4- 14-92
Checked By Date fnr Mnrv F Rrnrc;
Scale
PR 2
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EXP OAT€ e 8> +%IF NO.4364 CAL\IQ
of Commencemei
Portion of easement ( in EXHIBIT 'A' hereof
True Point of Beginning
KEY MAP for easement described herein
CITY OF CARLSBAD scc SHEET 7 OF 7 SHEETS
' Cprtiritv Pnrifir Nntinnnl Rnnb nc tnictom nnA pnncnrvntnr ..-
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CITY of C.UUSBL,iD ESGINEERING DEP.UT>IEhT
PRELI3ilNMY COST ESTT,1IATE
WORK SHEET
3WG 24GE 1 Ob 2 so 314-3
TROjECT TITLE P4LOSf.U UWORT RO- - E.4ST 3r EL CXLioiO uu,
LOC4TIOV Pa. ST4 39-00 TO 24s-15 & ECR ST.4 3lS-50 TO ST= ET IM PROVEM ENTS
I
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E.Yt13Ii C
I 100 004 L.S
1 loo00al LS.
25 1 L.F
I-'4 IWFIC CONTROL
1-75 JRNAL SIGNMG (PERMANENT)
1-76 IM-9 COmUOUS BARRICADE
1-77 iTEhiP ECAVAllON~B~
$170.000 00 I s I70.m a,
s12.sOo 00 I ~12.500 a,
$50 00 I $l.UO 00
i 4727 I TON 1-79 14. TEMP cu a AGGREGATE BASE
1-80 ITaP. 'K' RAP (I2 MO REMAL) I 1500( LF
1-81 ~RILDoFFIcacuss'B' Il0000q LS
1-82 /TEMP STILWNG. SIGNMO a ARROW BOARD I l00a,a( LS
1-a j DEMOUSX MISTP(G BUILDMO 1 loo00*l LS
1-84 iSHEFTING & SHORING j 3134 1 L.F
$15 00 I S70.W5 00
$400 1 569.000 00 u.500 00 \ $4.500 a,
sn.500 00 1 sn.~mco
$10,oco 00 s10.m 00
SI1 00 $34.474 00
I 85 IPROJECT SlGNS la, 00q L.S s3.9 m 13.m a,
$8 al so 00
$24 al I $7 1:s ix) 1-12 IZ'ASPHMTCONCREIZOVESUAY :97 1 TON I
630 I L F } $1 00 I S630 ix) 1-13 SAWCLT EUSTWG PAVEMEKT
S6 276 00 ' 1-14 6'TYPE G CLRB6GUTTEIL IWI LF I $6 00 I $6 00 I $4.644 00 1-15 '6'TYPE El CLaB 774 I L F I
SI 30 I S6.1430 1-16 49 pcc smwu , -!SF I
1-17 HANDICAPPED RAMP 11 EA 1 $63000 1 $630 00 21051 I SF I so so I f8.424 40 I-iB IRR4OVE & RECOMPACT EXT'G SL'BGSUDE
2) EA 1 $3.000 00 I S6000ix)i ' 1-19 1200 WAn. 22K LL'MEH. mmIGKT
1-20 \REMOVE & RELOCATE EXT'G SlREmICHT 01 EA 1 ~1.500 oo 1 so 00 1 f32.3CO 00 1 1-21 jTlUFFlC SIGNAL SYS @ P- I 25 a3%1 LS I ~13o.mm j
I 1*.oooa, I fJ.000 00 I I-u ITYPE ai INLET:O'WING I1 EA 1 1-24 1lYPE F' CATCH BUSM I 11 EA I I3.OCO00 I s300000'
I It EA I s600a,/ 1600 a,
1 EA1 fl.500 00 I SI .so0 a,
I 75 L.F 1 s7J 00 I $1.875 00
i 90 LF; $50 00 1 t4.500 m
1-30 j PIPE COLLM I 1EA f6ooW f600 00
1-32 aJUST MANHOLE TO GIUDE IM $400 00 La OD
1-35 I RNAL ~TRMNG (PM DELINEATION) I 1337y LS. I t2.800 00 $374 u
I 1 -U ' MODCFIED DS4 DEBRIS RACK I I 1-26 ;MODMrYPE A-l WLET
1-27 la- PVC DRAM PIPE
1-21 118' RCP 01350) STORM DRAM
1-29 136' RCP (1750.0) STORM ORAM I 37 L.F I $80 w $2.960 00
3M L.F $12 00 f4.200 00 1-3 1 1 D-75 DRUNAGE DnCH WPE 0
I -33 RELOCATE TRAFFIC JlGN I 71 M $SO 00 s3so m I6 00 SO 00 0 I L.F j I 1-34 1 RIXOCATE f%NCh
1-36 /TYPE 'C' -E PAVEMEM MARKERS i 701 EA 1 $18 50 $1.295 001
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1-18 IREMOVE EXISIP(G SIDEWALK I 0 SF I tl 00
0 SF ' SI sa ! 1-19 '4' PCC SIDEWALK
ma
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1-20 I WOVE dt RECOMPACT MT'G SUEGRADE i 203679 S F
I 01 EA
01 EA
1 1-23 ITRAFF~C SIGNAL SYS 0 EL-FUERTE I somw LS.
I OWY LS.
1 1-21 1200 WATT. 22K LUMEN. STREETLIGHT i 1-22 REMOVE & RELI3CAfE DCf'G STRfIXUGKT
1-24 ITRAFFIC SIGNAL SYS @ BUSINESS PI( DR
so 00 I f81.471 6(
L3.000 00 1 SO ci
L1,SW 00 I loa
uo.000 00 f20.000 oc
sm.000 00 wff
I 71 EA 1 $400 00
31 EA 1 tl.rn.00
I 01 EA } L500 00
41 EA I 13.000 00
1-29 /TYPE 8' INLET 0) EA I S4.000.00
I 71 EA s3,Cm 00
1-3 I I 4'AC BUM DEPRfSSION 6) U f100.00 i 1-32 i~39 MLET APRON 01 EA Sl.UO 00
I 01 EA t2.500 00 'I EA t3.m 00
1-35 DOUDLS STRAGKT HEADWALL I 01 EA NIA
1-37 lICSPDRAM(14GA) ! 4 1 L.F I50 00
1-25 I STREET SURVEY MONUMENT
1-26 /TYPE A CSPINLET
1-27 WOVE M~C CSP mLsT
I 1-28 /TYPE F' CATCH EASM
1-30 ITYPE A4' CLEANOliT
1-33 iwMG WALL
j 1-34 /TyW 'L' HIADWrrlL
1-36 la* RCP ow (1350.0) 1 250 I L.F SJO 00
st.m oc
t3.m m
lo00
s12.m W
SOW
t21.ooo 00
-00
SO00
SOOOO
t3.m 00
SOW
t12.520 OOO sm 00
.* 0 0 'L * CITY of CARLSBAD EXGIYEERING DEPMT>IE,\;T
PRELI3fINARY COST ESTIJIATE
WORK SKEET
PROJEC? TITLE: P.4L05fM AIRPORT XOAD - EAST, STREET MPROVEWE~TS
DUG . so. 3 I4-3
LOCATIOS: STATION LOO -00 TO STATlON I64 -66, SOLTHEUY MF
.ADJACENT ONXER: BUSS1 RANCH
P.Gt 2 OF 2
JUST MANHOLE
c.u- -VI1
1
IC +* e 0 e
CITY of C;UILSBAD ENGINEERING DEPM~~E,vT PRELI3iI”XY COST ESTILMTE
WORx SHEET
5.V.ISiY F
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*s 7 'C 0 e
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CITY of CARLSBAD ENGIiWERING DEPARTMENT PRELI3lINARY COST ESTISlATE WORK SHEET
DWG NO 314-3 PAGE 2 Ol- 2 I
IMPROVEMENTS. COMPLETION OF PALOMPLR hlRPORT ROAD BY BESSI RANCH
LOCATION PAR. STA 100t00 TO 164t66 ESTIMATED BY. W BROW I
I PROJECT TITLE: PALOMAR WORT ROAD - EAST
i I
C\lAI.ercIuunl