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HomeMy WebLinkAbout1994-02-15; City Council; 12589; AUTHORIZATION FOR ACQUIRING RIGHTS OF ENTRY FOR THE POINSETTIA LANE/I-5 INTERCHANGE PROJECT NO. 32692 2 0 F 0 a i 8 z 3 3. Right of entry permits for Project Parcel Nos. 3, 4, and 5. I I CIM OF OCEANSIDE NOT TO SCALE POINSETTIA LANE 41 INTERSTATE 5 INTERCHANGE ? - / 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 77 18 19 20 21 22 23 24 25 26 27 28 0 0 RESOLUTION NO. 94-55 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLS CALIFORNIA, ACCEPTING AND AUTHORIZING THE RECORDING OF R OF ENTRY PERMITS, AUTHORIZING SUBMITTAL OF ESCROW DOCUME AND GRANTING THE MAYOR AUTHORITY TO EXECUTE DOCUMENTS THE POINSETTIA LANEII-5 INTERCHANGE WHEREAS, the City Council of the City of Carlsbad has deemed it necessary i public interest to proceed with construction of improvements to the intersection of I Lane and Interstate 5; and WHEREAS, the City Council has reviewed the necessity of acquirin rights-of-way in order to construct said project; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of as follows: 1. That the above recitations are true and correct. 2. That the City Council hereby accepts, approves, and authorizes the of right of entry permits for temporary right of access. 3. That the City Council authorize staff to submit escrow documents c Parcel Nos. 3, 4, and 5 as shown on Exhibit 1 attached. 4. That the City Council hereby authorizes the Mayor to execute r documents on behalf of the City Council. 111 Ill lll Ill Ill Ill /I/ ,I ? . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 0 0 5. That the City Council authorizes the expenditure of $1 8,070 for acquisitic rights-of-way. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City held on the 15th day of FEBRUARY , 1994 by the following vote, to wit: AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Finnila NOES: None ABSENT: None AllEST ALETHA L. W&kN (SEAL) t NOT TO SCALE ' '* - WEN RECORDED, PLEASE = THIS INSTRUMENT TO: CITYCLERK CITY OF CARLSBAD 1200 Carlsbad Village Drive CARLSBAD, CA 92008 RECORDING REQUESTED BY ENGINEERING DEPARTMENT - THIS SPACE FOR RECORDERS USE ONLY - e * e It is understood and agreed that the Permitor shall not be held liable for any damage to equipment or injury to personnc ~ Permitee, its agent(s), contractor(s), or employees resulting from the Pennitee’s use of said real property. It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this Right Of Entry Permit, the possession and use of the subject property by the City of Carlsbad, including the right to remove and dispose of improk shall commence on November 17, 1993, or the close of escrow controlling this transaction, whichever occurs first, and payment of $8,100 includes, but is not limited to, full payment for such possession and use, including damages, if any, date. This Right of Entry Permit shall remain in force for the period of time described below and be binding upon the pennil assigns, and successors. The Permitee is hereby authorized to record this Right of Entry Permit with the County Recor County of San Diego, California. THIS RIGHT OF ENTRY PERMIT SHALL TERMINATE UPON THE RECORDA THE ABOVE REFERENCED CONVEYANCE DOCUMENTS. This permit was executed this 2-9 * day of>&>-_ 1993. SSOCIATION, a California Nonprofit Mutual Benefit Corporation --- W / t BY: + g,‘L- (NOTARY JURAT) 1 STATE OF CALIFORNIA 1s. COUNLY OF cew 1 -29 /9?3 before me, A >A L. &Q!!E/?E r personally appeared flZ?LY& p DA,r L/EPSF /-/.I*& &.I41JA) L m diPh &&.@ uk9=vp-g& - personally known to me (or proved to L me on the basis of satisfactory evidence) to be the person(s) whose nune(s) due subscribed to the wthin mtrument and acknowledged to me that he/she&hey exemfed the same m hishedtheir authorized capacity(ies), and that by Mer/their signaturt(s) on the mtrument the person(s) or the enuty upon behalf of which the person(s) acted, executed the mtrument. WlTNESS my hand and official seal. Signature (This uca for official notanal seal) THIS IS TO CERTIFY that the terms and conditions and limited interest in real property granted by lhis instrument to the CITY OF CARLSBAD, a Municipal corporation, is hereby accepted on behalf of the City Council of said City of Carlsbad pursuant to authority conferred by Resolution No. 93-118 ,adopted on April 27, ,1993. DATED., BY: - - CLAUDE k. LEWIS MAYOR, CITY OF CARLSBAD (MacFARLANE & ASSOCIATES) (urlsb~~s&indoment\ROEPHPHO) 1 2’221 V 0 0 MHlBlT"A" @ PARCEL 3 - ACQUISITION A PORTION OF LOT C, OF CARLSBAD TRACT NO. 83-29, HARBOR POINTE - UNIT 2, IN CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDINC MAP THEREOF NO. 11335 FILED IN THE OFFICE OF THE COUNTY RECORDER OF DIEGO COUNTY ON SEPTEMBER 20, 1985, AS FILE NUMBER 85-349209 OF OFF1 RECORDS. ALL THAT PORTION LYING SOUTHERLY, SOUTHEASTERLY OF FOLLOWING DESCRIBED LINE: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT C, THENCE NORTH 704 WEST (NORTH 7O40'50. WEST RECORD) 2.53 FEET ALONG THE EAST LINE OF SAID LC TO THE POINT OF BEGINNING: THENCE SOUTH 82O19'21' WEST (NORTH 82O19'21' EAST RECORD) 1.67 FEET ALI THE NORTH LINE OF SAID LOT C; THENCE SOUTH 76 O 54'40' WEST 135.26 FEET; THENCE SOUTH 85 O 26'31' WEST 19.40 FEET; THENCE NORTH 86O23'22. WEST 20.88 FEW THENCE SOUTH 85O26'31'WEST 21.05 FEtf; THENCE SOUTH 76O54'40. WEST 129.64 FEET TO THE WESTERLY LINE OF SAID LC AND THE POINT OF TERMINUS, FROM WHICH THE NORTH WEST CORNER OF SAID C BEARS NORTH 33O52'17' WEST (NORTH 33O52'28' WEST RECORD, NORTH 3305 WEST PER CALTRANS RWLO3760-3767, M.S. 775) 20.44 FEET. TOGETIiER WITH UNDERLYING FEE INTEREST, IF ANY, APPURTENANT TO THE AE DESCRIBED PROPERTY IN AND TO THE ADJOINING PUBLIC WAY. THE ABOVE DESCRIBED PARCEL CONTAINING 2898 SQUARE FEET MORE OR LESS. PAGE 1 OF2 U 0 e RESERVING THEREFROM UNTO THE GRANTOR, AN EASEMENT FOR A RETAINING \1 FOOTING, THE SOUTHERLY LINE OF WHICH IS 2.25 FEET SOUTHERLY OF AND PARA WITH THE NORTHERLY LINE OF THE AP3VE DESCRIBED PARCEL SAID SOUTH1 LINE SHALL BE PROLONGED OR SHORTENED SO AS TO TERMINATE ON THE WEST1 AND EASTERLY LINES OF THE ABOVE DESCRIBED PARCEL ABOVE SAID RETAINING WALL AND FOOTING ARE TO BE THE SOLE PROPERTY OF GRANTOR. THE GRANTOR -SHALL PERFORM ALL MAINTENANCE AND REPAIRS, INCLUDING REMOVAL OF GRAFFITI ON ABOVE SAID RETAINING WALL. THE GRANTOR'S RIGHT TO MAINTAIN AND REPAIR SAID RETAINING WALL SHAl LIMITED TO PERFORMING SUCH MAINTENANCE AND REPAIR FROM OUTSIDE HIGHWAY RIGHT OF WAY. IN NO INSTANCE SHALL THE GRANTOR HAVE THE RIGt TRAVERSE OR USE THE HIGHWAY RIGHT OF WAY FOR MAINTENANCE AND REPA THEIR RETAINING WALL WITHOUT SECURING THE ISSUANCE OF A PERMIT FROM STATE, WHICH APPROVAL SHALL NOT BE UNREASONABLY WITHHELD. Basis of Bearlnqg Bearings are based on California Coordinate System, Zone 6 and based on two monume shown on Caftrans RWLO 3760-3767 M.S. 775 are described as follows: (I) Monument 545.6A' L & T w/CDH Tag North 342,418.20' North 349,338.04' East 1,675,396.66' East 1,671,920.76' This information is shown on sheets 8 and 11 of above mentioned maps. All distances shown are Ground Dlstances. (2) Monument 5-47.0, L & T in Bridge ( SOX1 7~54/83-29,DOC/KLW/d kt/cap/062193 PAGE 2 OF 2 * e a EXHIBIT "A" @ PARCEL 3 - TEMPORARY CONSTRUCTION EASEMENT .I A PORTlON OF LOT C, OF CARL SBAD TRACT NO. 83.29, HARBOR POINT€ UNlT 2, \N T CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING MAP THEREOF NO. 11335 FILED IN THE OFFICE OF THE COUNTY RECORDER OF S DIEGO COUNTY ON SEPTEMBER 20, 1985, AS FILE NUMBER 85-349209 OF OFFIC RECORDS. ALL THAT PORTION LYING NORTHERLY AND NORTHWESTERLY OF T FOLLOWING DESCRIBED LINE: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT C, THENCE NORTH 7"40' WEST (NORTH 7 "40'50" WEST RECORD) 2.53 FEET ALONG THE EAST LINE OF SAID LO TO THE POINT OF BEGtNNING; THENCE SOUTH 82' 19'21" WEST (NORTH 82" 19'21" EAST RECORD) 1.67 FEET ALC THE NORTH LINE OF SAID LOT C; THENCE SOUTH 76 * 54'40" WEST 135.26 FEET; THENCE SOUTH 85 ' 26'31 " WEST 19.40 FEET; THENCE NORTH 86 " 23'22" WEST 20.88 FEET; THENCE SOUTH 85 " 26'31" WEST 21.05 FEET; THENCE SOUTH 76'54'40" WEST 129.64 FEET TO THE WESTERLY LINE OF SAID LO AND THE POINT OF TERMINUS, FROM WHICH THE NORTH WEST CORNER OF SAID C BEARS NORTH 33'52'17" WEST (NORTH 33"52'28" WEST RECORD, NORTH 33'5: WEST PER CALTRANS RWL03760-3767, M.S. 775) 20.44 FEET. THIS EASEMENT IS TEMPORARY AND WILL EXPIRE ON DECEMBER 31,1995 OR AT END OF CONSTRUCTION, WHICHEVER COMES FIRST. THE ABOVE DESCRIBED PARCEL CONTAINING 2901 SQUARE FEET MORE OR LESS. PAGE 1 OF 2 0 0 Basis of Bearinus Bearings are based-on California Coordinate System, Zone 6 and based on two monuments shown on Caltrans RWLO 3760-3767 M.S. 775 are described as follows: (1) Monument 5-47.0, L & T in Bridge Curl Monument 5-45.6A, L & T w/CDH Tag North 342,418.20' North 349,338.84' East 1,675,396.66' East I, 671,920.76' This information is shown on sheets 8 and 1 I of above mentioned maps. All distances shown are Ground Distances. (2) SDCI 7300-54/83-2e.OoC/KLW/dks/cap/O71692 PAGE 2 OF 2 0 0 EXHIBIT "AI @ PARCEL 4 - ACQUISITION A PORTION OF LOT B OF CARLSBAD TRACT NO. 83-29, HARBOR POINTE - UNIT 2, IN T CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING MAP THEREOF NO. 11335, FILED IN THE OFFICE OF THE COUNTY RECORDER OF S DIEGO COUNTY ON SEPTEMBER 20, 1985, AS FILE 85-349209 BEING MC PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTH CORNER OF SAID LOT B THENCE NORTH 7"40'39" WE (NORTH 7'40'50" WEST RECORD) 2.53 FEET ALONG THE WEST LINE OF SAID LOT 6; THENCE NORTH 30 "58'07" EAST 25.79 FEET TO THE EAST LINE OF SAID LOT B AND 7 83 o 54'47" EAST SAID CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 25.00 FEET; BEGINNING OF A NON-TANGENT CURVE TO WHICH A RADIAL LINE BEARS NOF THENCE SOUTHERLY 29.50 FEET ALONG SAID CURVE AND THE EASTERLY P SOUTHERLY LINE OF SAID LOT B, THROUGH A CENTRAL ANGLE OF 67'35'53" TO 1 POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINING 100 SQUARE FEET MORE OR LESS. Basis of Bearins . Bearings are based on California Coordinate System, Zone 6 and based on two monument shown on Caltrans RWLO 3760-3767 MS. 775 are described as follows: (1) Monument 545.6A, L 8t T w/CDH Tag North 342,418.20' North 349,338.84' East 1,675,396.66' East 1, 671,920.76' This information is shown on sheets 8 and 11 of above mentioned maps. All distances shown are Ground Distances. (2) Monument 5-47.0, L 8t T in Bridge CL SPC17.300.54/83.29,DOG/KLW/dkSlcap/O71692 PAGE 1 OF 1 * e e s- .r EXHIBIT "A" @ PARCEL 4 - TEMPORARY CONSTRUCTION AYD SLOPE EASEMENT A PORTION OF LOT B OF CARLSBAD TRACT NO. 83-29, HARBOR POINTE - UNIT 2, IN - CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING MAP THEREOF NO. 11335, FILED IN THE OFFICE OF THE COUNTY RECORDER OF ! DIEGO COUNTY ON SEPTEMBER 20, 1985, AS FILE NUMBER 85-349209 BEING M( PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH CORNER OF SAID LOT '8" THENCE NORTH 7'40'39" W (NORTH 7040'50~ WEST RECORD) 2.53 FEET ALONG THE WEST LINE OF SAID LOT e THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID WEST LINE NORTH 7 O 40'39" WEST 28.00 FEET; THENCE NORTH 82' 19'21' EAST 16.33 FEET TO THE EAST LINE OF SAID LOT B; THENCE SOUTH 6 o 05'13' EAST (NORTH 6 ' 05'24" WEST RECORD) 7.86 FEET ALONG : EAST LINE; THENCE SOUTH 30 O 58'07" WEST 25.79 FEET TO THE POINT OF BEGINNING. THIS EASEMENT IS TEMPORARY AND WILL EXPIRE ON DECEMBER 31, 1995 OR AT END OF CONSTRUCTION, WHICHEVER COMES FIRST. THE ABOVE DESCRIBED PARCEL CONTAINING 290 SQUARE FEET MORE OR LESS. PAGE 1 OF 2 0 0 Basis of Bearincls .' Bearings are based on California Coordinate System, Zone 6 and based on two monuments ( shown on Caltrans RWLO 3760-37€7 M.S. 775 are described as follows: (1) Monument 5-45.6A, L & T w/CDH Tag North 342,418.20' North 349,338.84' East 1,675,396.66' East 1,671,920.76' This information is shown on sheets 8 and 11 of above mentioned maps. All distances shown are Ground Distances. (2) Monument 5-47.0, L & T in Bridge Curt SDC17-~54/s3-29.WC/KLW/dks/cap/071692 PAGE 2 OF 2 .* I 04 , .-. - m3 v) w 0 WN ,. . ..I 0 e WIS w KMIYDI BEARINGS ARE BASE0 Ow CALIFWIA COOROIWTE SYSTEM. ZONE 6 AND BASED tX TWO W"lS AS SnaM -ON CUTRAMS RWLO 3760-3767 Y. 5. 775 ARE MSCRlBED AS FCLLQ*fa (I) U)NUIEMT 5-45.6A. L & T W/CDH TAG NORTW '542.4 IO. 20 EAST I, 675,396.66 WRTH 349.338.84 EAST I, 67l.920.76 (2) UONU(EWT 5-47.0. L IT IN BRIDGE CURB THIS INFORUATION IS SHOW ON SHEETS 8 AN0 II OF ABOVE MENTIONED UPS. AlL DISTANCES SHOWN ARE 0#110 DISlm% LEGEND ( 1 RECORD INFORMATION RI PER MAP I1335 FILED SEPT. 20, 1985 P.O.B. POINT OF BEGINNING m ACQU I S I T I ON PARCEL rrill INDICATES ABUTTERS' RIGHTS OF ACCESS AREA= 100 SO, FT. t IN AND TO A PORTION OF AVENIDA ENCINAS IS RELINQUISHED AND WAIVED AS SHOWN HEREON. ITI INDICATES ABUTTERS' RIGHTS OF ACCESS . SHED PER MAP NO. 11335. EXHIBIT "B CITY OF CARLSBAD POINSETTIA LANE LANDS AND RIGHTS OF WAY A.P.N. 214-501-59 J 8oW mM#IQ COmRAnOH FARCEL ROJECT NO. 4 C.L.T. INS. CO. LIT. GUAR. NO. 946276 7807 cmvoy CT. Su1 OIEGO. CA. 9211 SUE 200 (619) 268-8080 PROJECT NO. SD-CI7-30( 6/18/92 I SCALE: 1W0' .. BEARINGS ARE BASED ON CUIFORNIA C4aRDINATE SYSTEM. ZONE 6 AND BASED CN Pro yowywfS AS SW ON CALTRANS RILO 3760-3767 M.S. -! A.P.N. 214-501-59 BOW UIQIWmIWO COWORATION C.L.7. INS. CO. LIT. GUAR. NO. 946276 TOO7 Cowor CT. SAN OEGO. CA 921H SUITE 200 (619) 268-80~) PROJECT PARCEL NO. 4 PROJECT NO. SD-C17-:! THIS INSTRUMENT TO. CITY CLERK CITY OF CARLSBAD 1200 Carlsbad Village Drive CARLSBAD, CA 92008 RECORDING REQUESTED BY 11 ENGINEERING DEPARTMENT - THIS SPACE FOR RECORDER'S USE ONLY - dersigned Permitor agrees to escrow instructions and deliver an execut ant deed and slope easement deet w upon receiving the documents from said escrow. The Permittee shall deliver the necessary funds to said escrow +iving a demand for same. Title to said property shall be delivered free and clear of any and all liens and encumbra] @ edB % - . .* k .. Acept for those that the City of Carlsbad agrees to accept. It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this Right Of Entry Permit, &e possession and use of the rubject property by the City of Carlsbad, including the right to remo-'e and dispose of improve ; shall commence on November 17, 1993, or the close of escrow controlling this transaction, whichever occurs first, and t payment of $9,000 includes, but is not limited to, full payment for such possession and use, including damages, if any, f : i date. This Right of Entry Permit shall remain in force for the period of time described below and be binding upon the permit( assigns, and successors. The Permitee is hereby authorized to record this Right of Entry Permit with the County Record County of San Diego, California THIS RIGHT OF ENTRY PERMIT SHALL TERMINAE UPON THE RECORDA7 THE ABOVE REFERENCED CONVEYANG QQQ,JMm, This permit was executed this 22% dayof f%@kY, 1993. TMM Realty Services, a California corporation 1 STATE OF CALIFORNIA 1s. COUNTYOF 6 w 1 on- A?, /9q3 before me, AtM-iA E. -,D+ fu , personally appeared ;9zrf+ F=+* & - Lo14 D\ eO.dPT pemally hown to me (erpmd-to -) to be the person($ whose namqs) is/are subscribed to the within instrument and acknowledged to me that be/sbe/tbey executed the same in hishedtheir authorized capacity(ies), and that by Wer/t or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature %%wi$./G+LA U ('his area for official notarial seal) THIS IS TO CERTIFY that the terms and conditions and limited interest in real property granted by this instrument to the CITY OF CARLSBAD, a Municipal corporation, is hereby accepted on behalf of the City Council of said City of Carlsbad pursuant to authority conferred by Resolution No. ,adopted on ,1993. DATED: BY: CLAUDE A. LEWIS MAYOR, CITY OF CARLSBAD (MacFARLANE & ASSOCIATES) (carlsbad\poins&i~d~document\ROEPTMM) IORSi 0 0 .4 d EXH I BIT "A ;/- A PORTION OF PARCEL 2 DESCRIBED IN DEED RECORDED JANUARY 9,1973 AS F/b 006848 OF OFFICIAL RECORDS IN THE CITY OF CARLSBAD, COUNN OF SAN DIE STATE OF CALIFORNIA. PARCEL "A" THAT PORTION OF SAID PARCEL ?-LYING NORTHERLY OF THE NORTHERLY LINI PARCEL "C" AS DESCRIBED IN THE DEED RECORDED MAY 18, 1984 AS F/N 84-18 AND LYING SOUTHERLY, EASTERLY, SOUTHEASTERLY OF THE FOLLOWING DESCR LINE: COMMENClNG AT THE CENTERUNE INTERSECTION OF AVENUE AVENIDA ENCiNAS POINSETTIA LANE AS SHOWN ON PARCEL MAP 14028, FILED NOVEMBER 18,1985 A: 85-434716; THENCE NORTH 13°01'21" WEST 1.46 F€ET (NORTH 13O43'30" WEST 1.46 PER SAID PARCEL MAP 14028) TO THE BEGINNING OF A CURVE, AS SHOWN ON PARCEL MAP, CONCAVE EASTERLY, HAVING A RADIUS OF 500.00 FER; THF NORTHERLY ALONG SAID CURVE 133.48 FEET THROUGH A CENTRAL ANGLl 15O 17'45" TO THE POINT OF BEGINNING THROUGH WHICH A RADIAL LINE BEARS Nc 87O43'36" WEST; THENCE NORTH 87O43.36' WEST 42.00 FEET' ALONG PROLONW OF SAID RADIAL LINE TO THE BEGlNNlNG OF A NON-TANGENT CURVE THROUGH VI A RADIAL LINE BEARS NORTH 87O43'36" WEST, CONCAVE EASTERLY, HAVING A R/ OF 542.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE 33.50 FEK THROL CENTRAL ANGLE OF 3°32'27m; THENCE SOUTH 40O29'48. WEST 33.70 FEET'; TI- PAGE 1 OF 4 0 e SOUTH 76°54840" WEST 298.51 FEET; THENCE SOUTH lO0O5'20" EAST 11 -81 FEm ~c OR LESS TO THE POINT OF INTERSECTION WITH THE NORTHERLY LINE OF SAID PAR "C" AND BEING THE POINT OF TERMINUS. "I - / THE AREA OF THIS PARCEL "A" IS 6,566 SQUARE FEET, MORE OR LESS. PARCEL "6" THAT PORTION OF SAID PARCEL 2.LYING NORTHERLY OF THE NORTHERLY LINE PARCEL "C" AND SLOPE EASEMENT NO. 3 AS DESCRIBED IN THE DEED RECORi MAY 18, 1984 AS F/N 84-186516 AND LYING SOUTHERLY, EASTERLY, SOUTHEASTE OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE CENTERLINE INTERSECTION OF AVENUE AVENIDA ENCINAS i POINS€iTIA LANE AS SHOWN ON PARCEL MAP 14028, FLED NOVEMBER 18,1985 AS 85-434716; THENCE NORTH 13°01'21" WEST 1.46 FEET (NORTH 13O43'30" WEST 1.46 F PER SAID PARCEL MAP 14028) TO THE BEGINNING OF A CURVE, AS SHOWN ON : PARCEL MAP; CONCAVE EASTERLY, HAVING A RADIUS OF 500.00 FEtr; THE NORTHERLY ALONG SAID CURVE 133.48 FEET' THROUGH A CENTRAL ANGLE 150 17'45" TO THE POINT OF BEGINNING THROUGH WHICH A RADIAL LANE BEARS NO 87O43.36" WEST; THENCE NORTH 87O43'36" WEST 42.00 FEET ALONG PROLONGA1 OF SAID RADIAL LINE TO THE BEGINNING OF A NQN-TANGENT CURVE THROUGH Wt A RADlAL LINE BEARS NORTH 87O43.36" WEST, CONCAVE EASTERLY, HAVING A RAI OF 542.00 FEtr; THENCE SOUTHERLY ALONG SAID CURVE 33.50 FEtr THROUC CENTRAL ANGLE OF 3O32'27"; THENCE SOUTH 76O54.40" WEST 521.58 FER TO PAGE 2 OF 4 0 e POINT OF INTERSECTION WITH THE NORTHERLY LINE OF SAID SLOPE EASEMENT N AND BEING THE POINT OF TEdMINUS. EXCEPTING THEREFROM A PORTJON OF SAID PARCEL 2 LYING SOUTHERLY, EASTE SOUTHEASTERLY OF THE FOLLOWING DESCRIBED LINE: /- COMMENClNG AT THE CENTERLINE INTERSECTION OF AVENUE AVENIDA ENCINAS POINSElTIA LANE AS SHOWN ON PARCEL MAP 14028, FiLED NOVEMBER 18, 1985 A9 85-434716; THENCE NORTH 13O01'21." WEST 1.46 FEET (NORTH 13O43'30" WEST 1.46 PER SAID PARCEL MAP 14028) TO THE BEGINNING OF A CURVE, AS SHOWN ON MAP, CONCAVE EASTERLY, HAVING A RADIUS OF 500.00 FEET; THENCE NORTH1 ALONG SAID CURVE 133.48 FEET THROUGH A CENTRAL ANGLE OF 15O17.45" TO POINT OF BEGINNING THROUGH WHICH A RADIAL UNE BEARS NORTH 87O43'36" v\ THENCE NORTH 87O43.36' WEST 42.00 FEtT ALONG PROLONGATION OF SAD R, LINE TO THE BEGINNING OF A NON-TANGENT CURVE THROUGH WHICH A RADIAL BEARS NORTH 87O43'36' WEST, CONCAVE EASTERLY, HAVING A RADIUS OF 542.00 THENCE SOUTHERLY ALONG SAID CURVE 33.50 FEET THROUGH A CENTRAL ANGl 3O32'27"; THENCE SOUTH 40O29'48" WEST 33.70 FEET; THENCE SOUTH 76O54'40" ' 298.51 FEET; THENCE SOUTH 13°05'20" EAST'll.81 FEEi MORE OR LESS TO THE OF INTERSECTION WITH THE NORTHERLY LINE OF SAID PARCEL 'C" AND BEIN( POINT OF TERMINUS. THE AREA OF THIS PARCEL "B" IS 7,827 SQUARE FEET, MORE OR LESS. PAGE 3 OF 4 * 0 y-- r4 1 ** BASIS OF BEARINGS BEARINGS ARE EASED ON CALIFORNIA COORDINATE SYSTEM, ZONE 6 AND EASE[ TWO MONUMENTS AS SHOWN ON CALTRANS RWLO 3760-3767 M.S. 775 ARE DESCR AS FOLLOWS: (1) MONUMENT 5-45.6A, L&T W/CDH TAG (2) MONUMENT 547.0, L&T IN BRIDGE C NORTH 342, 418.20' ' NORTH 349,338.84' EAST 1,675,396.66' EAST 1,671,920.76' THIS INFORMATION IS SHOWN ON SHEETS 8 AND 11 OF ABOVE MENTIONED MAPS. DISTANCES SHOWN ARE GROUND DISTANCES. SD-C17-300-58/LDPOINT.DOC/KLW/errn/051893 PAGE 4 OF 4 >Tp .- =as _'. I m 8 & c L '. d --I i I