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Home My WebLink About1996-02-06; City Council; 13510; APPROVING CONDEMNATION OF PROPERTY FOR OLIVENHAIN ROAD WIDENING PROJECT NO. 3466I?*.. / yc .. ..~.~. I* i ', ,, 7 .>% -3 E 2.v iL *-.* .& .I", z 0 F 0 a - A 0 z 3 0 0 C OF CARLSBAD - AGEWA BILL .>, L j /".$ \AB 4! w 1 w APPROVING CONDEMNATION OF DEPT MTG. 2/06/96 PROPERTY FOR OLIVENHAIN ROAD WIDENING CITY CITY IWT, ENG PROJECT NO. 3466 L I I 1 RECOMMENDED ACTION: Adopt Resolution No. ycc -sf/ retaining special counsel, approving deposits 1 court, and directing the condemnation of the necessary property interests Olivenhain Road Widening project. I ITEM EXPLANATION: On January 21, 1992, the City Council approved the Environmental Impact ReF approved alignment no. 2 (alignment with the least impact to the natural hab Olivenhain Road from El Camino Real to Rancho Ponderosa. The approved alignn relocate the road to the north to prevent major impacts to the wetland and natural on the south side. This project will realign and widen Olivenhain Road from the existing two-lane ultimate configuration of the City of Carlsbad's prime arterial standard, with three lanes in each direction, two left-turn lanes at El Camino Real, bike lanes and sidew, existing bridge at the intersection of El Camino Real and Olivenhain Road will extended to accommodate the additional travel lanes on the south side. As a requirement of the Growth Management Plan for Zones 11 & 12, no deve could occur until proper road improvements are in place in this zone. This requ Olivenhain Road be realigned and widened to six (6) lanes to carry the future tra I Staff of the Cities of Carlsbad and Encinitas have successfully negotiated and 2 three (3) of the seven (7) required road and drainage easements. Howev negotiating for four (4) months, Carlsbad has been unable to reach an agreerr acquire easements from two property owners. These properties are Northwester Railroad Company (NPRR) on the northeast corner of Olivenhain Road and El Carr and Wiegand Properties on the southeast corner of Olivenhain Road and Santa Fe Road. Appraisals have been made of the property affected, negotiations have been helc property owners, and offers have been made. To date, two of the propert) (Northwestern Pacific Railroad Company and Wiegand Properties Partnership) accepted the offers. It is therefore recommended that the City initiate condemnation proceedings at so as to meet the project schedule. This action does not preclude staff from c( negotiations with the owners. In accordance with State law, the City has given proper notice of this public heari owners of the subject properties. The City is not required by law to consider th6 of any person to be heard who did not submit a written request on o January 24, 1996, nor the request of any person not an owner of interest in the being condemned. Adoption of the Resolution of Necessity to Condemn re two-thirds (2/3) vote of the City Council and conclusively establishes the findings c therein. w 0 0 .. Page 2 of Agenda Bill No. I .? 5 j 7. i ENVIRONMENTAL REVIEW: The City Council on January 21 , 1992 adopted Resolution No. 92-27 certif Environmental Impact Report for the project. The City has secured U.S. Army C Engineers and State Fish & Game permits. These permits were issued basec requirements of the certified EIR and road alignment alternative II. GENERAL PLAN CONSISTENCY: At their meeting on June 1, 1994, the City Planning Commission adopted Re No. 3660 making findings of General Plan Consistency for the project. FISCAL IMPACT: The total amount of the fair market value offered to the property owner, Wiegand P Partnership, is $56,400. The total amount of the fair market value offered to the owner, Northwestern Pacific Railroad Company, is $61,000. Upon approval of this domain action by the City Council, an application will be made to the court to der sums as the probable amount of compensation to be awarded in the proceedin Funds for the acquisition of the subject properties, including related costs, are av account no. 440-820-1 890-3466. EXHIBITS: 1. Location map. 2. Resolution No.7(’ -5-Ll retaining special counsel, approving deposits with t and directing the condemnation of necessary property interests for the 0 Road Widening project. 3. Legal descriptions and plats for the property interests required attached as E to above resolution. 4. Planning Commission Resolution No. 3660 finding General Plan conformity 5. City Council Resolution No. 92-27 certifying the Environmental impact Rep( 6. Project plans & specifications on file in the Engineering Department. 7. Project design studies. (l[i /=i L. E- [N .&-~~~AJ~:~;,~~ li (;- n> ,>,-J~ *. 0 0 * .- - 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 28 0 0 RESOLUTION NO. 9 6 - 5 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSB, CAUFORNIA, AUTHORIZING AND DIRECTING THE CONDEMNATION CAUFORNIA, AND DECLARING THE PUBLIC NECESSITY THEREOF. WHEREAS, the City of Carlsbad, County of San Diego, State of California, F widen Olivenhain Road requiring the property and the property interests described ar CERTAIN REAL PROPERTY INTERESTS IN THE CITY OF CARLSBAD, STATE in Exhibit "AA" aftached hereto, hereinafter referred to as "the project"; and WHEREAS, the project requires the acquisition of certain real property and ri interests, including, but not limited to road right-of-way, drainage easements, temr easements, temporary construction easements, access easements, inundation aret space easements; and WHEREAS, the City of Carlsbad may exercise the right of eminent dor acquisition of real property or interests therein for streets, and other purposes California Government Code Sections 37350, 37350.5, and 37353; and WHEREAS, the plans for the project in the Crty of Carlsbad are or Engineering Department of the Crty of Carlsbad; and WHEREAS, on June 1, 1994, the Planning Commission of the City of Carlsb to the provisions of the California Government Code, Section 65402, found that t location, purpose, and extent of the project is consistent with all elements of the Cit General Plan; and WHEREAS, on January 21, 1992, pursuant to California Public Resources 1 21000 and following, this City Council certified an Environmental Impact RI project; and WHEREAS, the real property or interests therein sought to be acquired are the territorial limits of the City of Carlsbad and are necessary for the proposed PI Ill I I - b 0 + 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 28 0 e WHEREAS, the Crty of Carlsbad has established the amounts which it believe just compensation for the hereinafter described real property or interests therein sc acquired; and WHEREAS, pursuant to Government Code Section 7267.2, the City of Ca offered to the owners of said real property or interests therein the full amount establis compensation for said real property or interests therein sought to be acquired; and WHEREAS, the City of Carlsbad has provided said owners of said real interests therein a wriien statement of and summary of the basis for the amount esl just compensation for the real property or interests therein sought to be acquired; i WHEREAS, a reasonable length of time has expired since the date of the owners of the real property or interests therein sought to be acquired, and the owner! to favorably respond to the offers of the amounts established by the City of Cads compensation; and WHEREAS, pursuant to the provisions of California Code of Civil Proceds 1245.235, the owners of the real property or the interests therein sought to be acq names and addresses appear on the current equalized County Assessment Roll, ha a Notice of Intention to Adopt a Condemnation Resolution, and have been prov, opportunity to appear and be heard on the matters referred to in California C Procedure, Section 1240.030. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City California, as follows: 1. That public interest and necessity require the proposed project. 2. The proposed project is planned and located in a manner which compatible with the greatest public good and the least private injury. 3. The real property or interests therein, hereinafter described in this Rc necessary for the proposed project. - .. - 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 28 I e 0 4. The proposed project is a matter of public necessity. 5. The use of all and each and every part of said hereinafter described real I interests therein for the use and purposes of the proposed project is a public use authorized by law. 6. The public interest and necessrty require that the property or intere: hereinafter described in this Resolution, be taken. BE IT FURTHER RESOLVED by the City of Carlsbad that the firm of ASAR FREELAND & MCKINLEY (hereinafter "special counsel") be, and is authorized and e and directed in the name of the City of Carlsbad to acquire by donation, pt condemnation, in accordance with the provisions of the Code of Civil Procedure of California relating to eminent domain the hereinafter described interests in real pro1 To prepare and prosecute in the name of the City of Carlsbad such suit or proper court having jurisdiction thereof as are necessary to condemn, take, and t hereinafter described real property, or any part thereof, for the proposed project. To make an application to said court for an order determining the amounts be deposited as securii for the payment of the just compensation which will be r taking of the real property or any part thereof, or interests therein necessary for tt project and any damage incident thereto, and to make application to said court permitting the City of Carlsbad to take immediate possession of and to use said real 1 part thereof, or interests therein, sought to be condemned for the proposed projec To make deposit for such securii for such right-of-way out of proper fun( control of the City in the amount determined by the court in the manner directed t To incur on behalf of the City of Carlsbad all reasonable and necessary exy prosecution of a suit or suits to condemn said real property. Ill 1 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 28 0 0 The real property referred to in this Resolution is situated in the City of Carlsba of San Diego, State of California, and is more particularly described and depicted on attached hereto and incorporated herein by this reference. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad C held on the 6th day of FEBRUARY , 1996 by the following vote, to Y AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall NOES: None ABSENT: None ATTEST: L%% ALETHA L. RAUTENKRA’NZ, City Clerk ) (SEAL) 1 1 1 1 - e, 0 Exhibit 3 (Pages i RECORDING REQUESTED BY I AND WHEN RECORDED, * PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, California 92008 MAL TAX STATEMENTS TO: EXEMPT Space above th~s line for Hecord The undersigned grantor@) declare(s): ( ) computed on lull value of property conveyed, or Documentary transfer tax is $o,oO ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area : (x) City of Carlsbad, and Assessor's Parcel No. 255-040-55 Project No, & Name 3466 Olivenhain Rc PARTNERSHIP GRANT DEED OF EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Wiegand Properties Partnership a partnership organized under the laws of the State of California, hereby GRANTS to City of Carlsbad, a Municipal Corporation the following described real property in the City of Carlsbad, County of San Diego, State of Califorl an easement for OPEN SPACE upon, through, under, over, and across the hereinafter describec property as described in Exhibit "A" consisting of one (1) page, attached hereto and made a part hc Exhibit "EP Consisting of one (1) page is attached for clarity only. DATED WIEGAND PROPERTIES PARTNERSHIP STATE OF CALIFORNIA ) 1 COUNTY OF SAN DIEGO ) BY On before me, (Name of Company) (Signature) Name (here insert name and title of the officer), (Type or Print) personally appeared -, personally known to me (or proved to me Title on the basis of satisfactory evidence) to be the (Type or Print) person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, By and that by his signature on the instrument the (Signature) person, or the entity upon behalf of which the person acted, executed the instrument. Name WITNESS my hand and official seal. Signature (Type or Print) (Type or Print) Title L e .. 0. I EXBIBIT fi As LE- DESCRIPTION OPEN SPACE APN 255-010-55 BEING A PORTION OF LOT 13 OF RANCHO LAS ENCfNfTAS, ACCORDING TO MA NO. 848, AND RECORD OF SURVEY 5422, BOTH ON FILE IN THE OFFIC COUNTY RECORDER OF SAN DIEGO COUNTY, IN THE CITY OF CARLSBAD, COUN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 13; THENCE ALONG THE BOUNDARY THEIZEOF 1. SOUTH 02'18'28'' EAST 268.25 FEET (SOUTH 02'50'30" EAST RECORD OF SURVEY 5422) LEAVING SAID BOUNDARY 2. NORTH 87'30'15'' EAST 160.00 FEET TO THE TRUE POINT OF E THENCE CONTINUING 3. NORTH 87'30'15" EAST 330.00 FEET; THENCE 4. SOUTH 02'29'45" EAST 150.00 FEET: TFIE!NCE 5. SOUTH 87'30'15" WEST 53.00 FEET; THENCE 6. NORTH 41'50'58" WEST 63.37 FEET; THENCE 7. NORTH 02'29 ' 45" WEST 45.00 FEET; THENCE 8. SOUTH 87'30'15" WEST 190.00 FEET; THENCE 9. SOUTH 19'49 I54" WEST 58.38 FEET; THENCE 10. SOUTH 87' 30'15" WEST 25.13 FEET; "HENCE 11. NORTH 02'18'28" WEST 110.00 FEET TO THE TRUE POINT OF BEC CONTAINS 28,211 SQUARE FEET (0.65 ACRES) Mom OR LESS. , SEAL WO NO. DWG NO. .d DOUG ixdL C, PAUL RCE 2-6 EXPIRATION 12/31/97 :-*zz 1 OF 1 ;1 P 21 7 f -0t' CARLSAD. OwhIN ROAD \ " *Pmm DEDICATED .E " I DOC R-D~ DECQI 29,1903 IN BOOK 336 M PAGE 297 OF om FlANcHa LAS gfyfyj MA? No, 848 80' PUBUC unum AND imaTEs O?EN..SPACE p= AREA=an1 sa ) Rfm DATA Pf3 R.aS - - - imam cTr/ BOUN0fi I I I1 1 I -6 mmucnm ESXIT I" ~EGAND +l I L\ $RtYP€RTyP€??~lEDoCulllENr LOT 13 MA? NO. 548 ZANCHU LAS ENcIiYi 1 ? h$ct ' Des5gn Consdtants \ CPULRCE.226M OAK - "Jbvgry m. m 1" -a* S41L.U~ us- 61S"6/n f;U 2V4-0849 I WECT NAME PRMCT NO. WDBVING Mmam P- 3468 __ e ~ RECORDING REQUESTED BY a AND WHEN RECORDED, ' PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, California 92008 MAIL TAX STATEMENTS TO: EXEMPT Space above thls line for Record The undersigned grantor@) declare@): Documentary transfer tax is $o.oO ( ) 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 Carlsbad, and Assessor's Parcel No. 255-040-55 Project No. & Name 3466 ' Olivenhain Rc ~~~~~~ ~~~ ~ ~ PARTNERSHIP GRANT DEED OF EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Wiegand Properties Partnership a partnership organized under the laws of the State of California, hereby GRANTS to City of Carlsbad, a Municipal Corporation the following described real property in the City of Carlsbad, County of San Diego, State of Californ an easement for SLOPES and earth embankment slopes, together with the right to construct and mai such slopes and embankments and facilities incidental thereto, over, under, along, and across hereinafter described property. as described in Exhibit "A" consisting of two (2) pages, attached heretc made a part hereof. Exhibit "B" consisting of one (1) page is attached for clarity only. DATED STATE OF CALIFORNIA 1 ) COUNTY OF SAN DIEGO 1 On before me, (here insert name and title of the officer), personally appeared -, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature WIEGAND PROPERTIES PARTNERSHIP (Name of Company) BY (Signature) Name (Type or Print) (Type or Print) Title BY (Signature) Name (Type or Print) Title (Type or Print) H:\LIBRARnENG\WPDATA\ENTRl\OUVENHN\WIEGSLOP.EAS * Rev. a . e 0 U1056-ACCLEG €01 I2 .1 EXHIBIT 'A' LEGAL DESCRIPTION FOR SLOPE EAS- (WIEGAND PROPERTY) PARCELS 'A' AND 'B' APN 255-040-55 BEING A PORTION OF LOT 13 OF RANCHO LAS ENCINITAS, ACCORDING TO MA: NO. 848, AND RECORD OF SURVEY 5422, BOTH ON FILE IN THE OFFICE OF T RECORDER OF SAN DIEGO, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 'A' BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 13; THENCE ALONG THE BOUNDARY THEREOF 1. SOUTH 02'18' 28" EAST 268.25 FEET (02'50'30" EAST PER SAID SURVEY 5422); THENCE LEA' BOUNDARY 2. NORTH 87°30'15'1 EAST 25.00 FEET TO THE TRUE POINT OF B THENCE 3. NORTH 87'30'15" EAST 25-00 FEET TO THE TRUE POINT HEREIN n AS POINT 'A'; THENCE 4. SOUTH 02O18'28" EAST 549.31 FEET; THENCE 5. SOUTH 87'41'32'' WEST 25.00 FEET; THENCE 6. NORTH 02 '18'28" WEST 549.32 FEET TO THE TRUE POINT OF BEG1 CONTAINS 13,732 SQUARE FEET MORE OR LESS. PARCEL 'B' BEGINNING AT POINT 'A' AS DESCRIBED ABOVE; THENCE 1. NORTH 87'30'15" EAST 60.00 FEET TO THE TRUE POINT OF I THENCE 2. NORTH 87°30'1S1' EAST 25.00 FEET; THENCE e e u1m" €01 c c 3. SOUTH 02O18'28" EAST 549.58 FEET; THENCE 4. SOUTH 87O41'32" WEST 25.00 FEET; THENCE 5. NORTH 02O18'28" WEST 549 50 FEET TO ATE TRUE POINT OF BEGI: CONTAINS 13,738 SQUARE FEET MORE OR LESS- L,/cP - c , (: DOUGLA C. PAUL RCE 22 6 EXPIRE b 12/31/97 4 ._. .. "" - " - WLtf / UT AINJoAq - - 0% RECORDED Da= 291 1903 IN BOOK 33 - ” mnm DEDICATED p1 ON PA& !M OF DEI LOT 13 MA? NOJ 848 1 ECURil DATA PER RO - 0 - INDj”IEs Clr/ BOUND DE7RICT PER DOCUMaT REal?f)a IO, f973 AS Fp NO. 73-286084, RECORDING REQUESTED BY *I 0 'AND WHEN RECORDED, PLEASE MAIL TO: City Clerk 1200 Carlsbad Village I3 '. Carlsbad, California 92008 City of Catlsbad MAIL TAX STATEMENTS TO: EXEMPT Space above this line for Recorder The undersigned grantor@) declare@): Assessor's Parcel No. 255-040-55 Documentary transfer tax is $o.oO Project No. & Name 3466 ( ) computed on full value of property conveyed, or Olivenhain Roat ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area : (x) City of Carlsbad, and PARTNERSHIP GRANT DEED OF EASEMENT ~~ FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Wiegand Properties Partnership a partnership organized under the laws of the State of California, hereby GRANTS to City of Carlsbad, a Municipal Corporation the following described real property in the City of Carlsbad, County of San Diego, State of Californic an easement for DRAINAGE, upon, through, under, over, and across the hereinafter described property for the installation, construction, maintenance, repair, replacement, reconstruction and inspec of drainage structure and all structures incidental thereto, together with the perpetual right to rem buildings, structures, trees, bushes, undergrowth, and any other obstruction interfering with the use of ! easement as described in Exhibit "A" consisting of one (1) page, attached hereto and made a part her Mibit "8" consisting of one (1) page is attached for clarity only. DATED STATE OF CALIFORNIA 1 WIEGAND PROPERTIES PARTNERSHIP (Name of Company) 1 COUNTY OF SAN DIEGO ) sy On before me, (Signature) Name (here insert name and title of the officer), (Type or Print) personally appeared -, personally known to me (or proved to me Title on the basis of satisfactory evidence) to be the (Type or Print) person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, BY and that by his signature on the instrument the (Signature) person, or the entity upon behalf of which the person acted, executed the instrument. Name WITNESS my hand and ofticial seal. Signature (Type or Print) Title (Type or Print) H~\LIBRARY\ENG\WPDATA\ENTUARI\OUVENHMWIES Rev. o( 0 0 ut Os~CcLE~ EXHIBIT 'A' LEGAL DESCSIEPTIoN FOR DRAINAGE EASEMENT ( WIEGAND PROPERTY) APN 255-040-55 BEING A PORTION OF LOT 13 OF RANCHO LAS EWCINITAS, ACCORDING TO NO. 848, AND RECORD OF SURVEY 5422, BOTX ON FILE IN THE OFFICE 0 RECORDER OF SAN DIEGO t IN THE CITY OF CARLSBAD, COUNTY OF SAN DIE CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 13; THENCE ALONG I BOUNDARY THEREOF' 1. SOUTH 02O18'28" EAST 268.25 FEE3 (0Z050'30" EAST PER SA: SURVEY 5422) ; THENCE I BOUNDARY 2. NORTH 87O30'15" EAST 50.00 FEET TO THE TRUE POINT OF THENCE 3. NORTH 87O30'15" EAST 60.00 FEET: THENCE 4. SOUTH 02O18'28" EAST 549.50 FEET; THENCE 5. SOUTH 87O41'32" WEST 60.00 FEET; THENCE 6. NORTH 02O18'28" WEST 549.3 1 FEET TO THE TRUE POINT OF B1 - ". CONTAINS 32,964 SQUARE FEET MORE OR LESS. \ bpL y DOUG S C. PAUL RCE EXPI 3612,3l,97 - nu 1 "- a-1 I UT I\Jc?-~o LAS ZNc! MAP NoJ 848 80' PUBK unm AND ROAD EASEMENT PER DOCUMPIT R€COl?Dm APRll 3 1991 AS F;/P NO. 91-197546, aR. 0- - x a sa 5422 1 RECORD DATA - - - ~NDIW~ an m EASEMPIT To LNCAOlA co1 DlSlRlCT PER DOCLIMPIT RfCaRDE 10, 1973 AS FP NO. 73-286084. " A I0-r 13 MA? NOd 8-45 2ANCHO LAS SfYcINI hject Design Consultants Rmrning ' . sun&lq 61s 235-617/ PAX 234-0319 701 -r SSk7, fan hgu c!. 9m PROJECT NAME: ill PROJECT NO -a R-II ~AI~I MA^ c~amm q4f,/* 0 1 RECORDING REQUESTED BY I e - AND WHEN RECORDED, PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, California 92008 MAIL TAX STATEMENTS TO: EXEMPT Space above thls line for Recorde The undersigned grantor@) declare(s): Documentary transfer tax is $0.00 ( ) 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 Carlsbad, and Assessor's Parcel No. 255-040-55 Project No. & Name 3466 Olivenhain ROi ~- ~ PARTNERSHIP GRANT DEED OF EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Wiegand Properties Partnership a partnership organized under the laws of the State of California, hereby GRANTS to City of Carlsbad, a Municipal Corporation the following described real property in the City of Carisbad, County of San Diego, State of Califori a TEMPORARY CONSTRUCTION easement for the purpose of operating construction equipmer: vehicles: for to construct access road, drainage structures and embankment, upon, through, under, and across the hereinafter described real roperty as described in Exhibit 'A' consisting of one (1) attached hereto and made a part hereof. &I !bit "6" consistin of one (1) page is attached for clarit) This tempora construction easement shall remain in force or a period of fifteen (15) months fro date of recor ation or upon completion of the detention basin construction, whichever occurs first. 7 9 DATED STATE OF CALIFORNIA COUNTY OF SAN DIEGO I On before me, (here insert name and title of the officer), personally appeared - personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within Instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity u on behalf of which the person acted, execute 8 the instrument. WITNESS my hand and official seal. WIEGAND PROPERTIES PARTNERSHIP (Name of Company) BY (Signature) (Type or Print) (Type or Print) Name Title Bv Name (Signature) (Type or Print) Title (Type or Print) Signature 0 e Ul(H&ACCLEG E01 (21 EXHIBIT ' A' LEGAL DESCRIPTION FOR CONSTRUCTION EA8E"S (WIEGAND PROPERTY) PARCELS 'A' AND fBf APN 255-040-55 BEING A PORTION OF LOT 13 OF RANCHO LAS ENCINITAS, ACCORDING TO MA] NO. 848, AND RECORD OF SURVEY 5422, BOTH ON FILE IN THE OFFICE OF T1 RECORDER OF SAN DIEGO, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 'A' BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 13; THENCE ALONG THE BOUNDARY THEREOF 1. SOUTH 02O18'28" EAST 268.25 FEET (SOUTH 02°50f30" EAST RECORD OF SURVEY 5422) TO POINT OF BEGINNING; THENC SAID BOUNDARY 2. NORTH 87030f1S1' EAST 25.00 FEET TO A TRUE POINT HEREIN D AS POINT 'A'; THENCE 3. SOUTH 02O18'28" EAST 549.22 FEET; THENCE 4. SOUTH 87O41'32" WEST 25 -00 FEET TO A TRUE POINT ON SAID BOUNDARY; THENCE ALONG SA ARY 5. NORTH 02O18'28" WEST 549.14 FEET TO THE TRUE POINT OF BEG1 CONTAINS 13,730 SQUARE FEET MORE OR LESS. PARCEL ' B' BEGINNING AT POINT 'A' AS DESCRIBED ABOVE; THENCE q xvnnmu ~7o?nflE;tI PIST 1. llvnrn Q I JV LII -I-- 110.00 FEET TO THE TRUE POINT OF ] THENCE 2. NORTH 87O30'15" EAST 25.00 FEET; THENCE 3. SOUTH 02°18f2811 EAST 549.67 FEET; THENCE PAGE 1 OF 2 e 0 U1 OS5ACCLEG EO 4. SOUTH 87O41'32" WEST 25.00 FEET; THENCE 5. NORTH 02"18'28" WEST 549.58 FEET TO TBE TRUE POrNT OF BEG . CONTAINS 13,742 SQUAkE FEET MORE OR LESS. \ b,/ c!" c/ DOUGLA$\ C. PAUL RCE 2246 EXPIRES 12/31/97 PAGE 2 OF 2 4 I ol 13 DOWMmT RECORDED SAJYcHo LAg zj!!ch APRIL 3, 1991 AS F/P NO. 91-197546, O.R. MAP , NoA 34~ - R, OJ SJ 5422 INDICATES CONSTIi YnTHlN WfGAND P PARCEL 'A": INDICATES coNS7F PARCEL ""EA' WlTHlN W€GAND F ) RECORD DATA PO - - - l~~/mm a~y el m &4SEhfaT TO WW/A DISTRICT PER DOU"T RECOI; 10, 1973 AS Fp NO. 73-286C "- 0" LLR nmin IAI~I m~n EA@= e - RECORDING REQUESTED BY I 0 AND WHEN RECORDED, - PLEASE MAIL TO: City Clerk C?y of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, California 92008 MAIL TAX STATEMENTS TO: EXEMPT Space above thls Ilne for Recor, The undersigned grantor(s) declare(s): Documentary transfer tax is $o.oO ( ) computed an full value af property conveyed, ar ( ) computed on full value less value of liens and encumbrances remaining at time of saie. ( ) Unincorporated area : (x) City of Carlsbad, and Assessor's Parcel No. 255-040-55 Project No. & Name 3466 Olivenhain G PARTNERSHIP GRANT DEED OF EASEMENT ~~ FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Wiegand Properties Partnership a partnership organized under the laws of the State of California, hereby GRANTS to City of Carlsbad, a Municipal Corporation the following described real property in the City of Carlsbad, County of San Diego, State of Califor an easement for INUNDATION of land during floodin eriods, upon, through, under, over, and acra hereinafter described real property as described in 8. lbit 'A' consisting of one (1) page, attached I and made a part hereof, Exhibit 'ET consisting of one (1) page is attached for clarity only, DATED WIEGAND PROPERTIES PARTNERSHIP [Name of ComPanvl STATE OF CALIFORNIA 1 . I. COUNN OF SAN DIEGO 1 On before me, (here insert name and Me of the officer), personally appeared I personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behaif of which the person acted, executed the instrument. WITNESS my hand and official seal. BY (Signature) Name (Type or Print) Title (Type or Print) BY (Signature) Name (Type or Print) Title (Type or Print) Signature H:\UBRARnENG\WPDATA\ENmARROU"WlEGlNUN.EAS Rev. e 0 LH;/lo56V\.LEG a326 (4) MH - EXHIBIT 'A' LEGAL DESCRIPTION FOR (WIEGAND PROPERTY) PARCELS 'A' AND 'B' AFJN 255-040-55 BEING A PORTION OF LOT 13 OF RANCHO LAS ENCINITAS, ACCORDING TO MA NO. 848, AND RECORD OF SURVEY 5422, BOTH ON FILE IN THE OFFIC COUNTY RECORDER OF SAN DIEGO, IN THE CITY OF CARLSBAD, COUNTY OF S. STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS PARCELS 'A' AI FOLLOWS : PARCEL 'A' BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 13; THENCE ALONG THE BOUNDARY THEREOF 1. SOUTH 02'18'28'' EAST 645.66 FEET (SOUTH 02'50'30" EAST RECORD OF SURVEY 5422) TRUE POINT OF BEGINNINC LEAVING SAID BOUNDARY 2. SOUTB 6lo58f24" EAST 188.83 FEET; THENCE 3. SOUTH 81"22'59" EAST 222.84 FEET; THENCE 4. SOUTH 65"04'26" EAST 123.71 FEET TO A POINT HEREIN DESI( POINT 'A'; THENCE 5. NORTH 90"OO'OO" WEST 141.05 FEET; THENCE 6. NORTH 71'13'30'' WEST 180.12 FEET; THENCE 7. NORTH 60'38'04'' WEST 214.77 FEET TO A POINT ON SAID BOUNDARY; THENCE ALO BOUNDARY 8. NORTH 02'18'28" WEST 10.97 FEET TO THE TRUE POINT OF BEG: CONTAINS 14,019 SQUARE FEET MORE OR LESS. 1 e 0 LEW1056lA.LEG a326 (4) MW. 9 - PARCEL 'B' BEGINNING AT POINT 'A' AS DESCRIBED IN PARCEL 'A' ABOVE; THENCE 1. SOUTH 72'05'31'' EAST 26.75 FEET TO THE TRUE POINT OF BE( THENCE 2. SOUTH 79O57'56'' EAST 243.70 FEET; THENCE 3. NORTH 73'24'51" EAST 232.87 FEET; THENCE 4. NORTH 87'14'35'' EAST 302.24 FEET; THENCE 5. SOUTH 23'23'35" WEST 39.64 FEET; THENCE 6. SOUTH 71'57' 55'' WEST 80.32 FEET; THENCE 7. NORTH 77'30'01'' WEST 18 5.4 8 FEET ; THENCE 8. SOUTH 67'03'13" WEST 224.96 FEET; THENCE 9. NORTH 87'17'27" WEST 127.69 FEET; THENCE 10. NORTH 72'18' 55" WEST 132.29 FEET; THENCE 11. NORTH 52'18' 09'' WEST 39.31 FEET TO THE TRUE POINT OF BEG1 CONTAINS 23,212 SQUARE FEET MORE OR LESS. 2 LEGEND e COmI ml INDICATES AREA OF APPROX. INUNDATION ( ) RECORD DATA PER R.C ... :. . .. ':' ... '.:'..._ '.'.:. PARCEL 'A' AREA = 14,019 SQ.n. -0- lNDlCAlES Clr/ BOUND, IEZB INDlCATS AREA OF APPROX. lNUNDd?7ON ))OF- THE APPROX. UMTS OF INUNDATloi PARCEL '6' AREA = 23,212 SQ. ff. HEREON ARE BASED ON THE COUNTY OF 100- YR FLOOD DATA, DATED 3-4-82 ANI AERIAL TOPOGRAPHY DAm) 1-10-92. A AjUZAlDZD MA? OF SANTA Fg fllDG% - UNIT flCld 1 INUNDATION MUS MAY Dim fRoM w/ CARLB~AD rmcr NO^ m-~, MAP NO.. IO^ SHOW HEREON, DUE TO DIMRING TOPO( MA? NO, ll0lB FEANRES OR OTHER BASIN CHARACTERI FLO, S, 5422 SAN-LO AERIAL SURVEYS - (71-1 TO CARRY 100 100 YEAR FLOOD PER COUNTY OF COUNTY OF SA T.F. O.B. PARCEL 'B' UUlE OF 108 FOOT CONTol SAN-LO AERIAL SURVEYS - 0 LAS GIY~IIYIIAS MA? No, 843 Project Design Con -9 - - WfDE Sv'nrcJbsdrdwo,~~ m-233+94~ mr m4-l~918 dN. 1056.00 DA E 07-31 -95 ,\ PROJECT NAME: I PROJECT NU. I WEWVD INUNDATION AREA I 3466 I I XE',. 11, ECFLUD.>WG RECORDING REQUESTED BY @ I a - AND WHEN RECORDED, PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlst ad Village Dr. Carlsbad, California 92008 MAIL TAX STATEMENTS TO: EXEMPT Space above this line for Hecord The undersigned grantor@) declare(s): Documentary transfer tax is $= ( ) computed on full value of property conveyed, or ( ) Unincorporated area : (x) City of Carlsbad, and ( ) computed on full value less value of liens and encumbrances remaining at time of sale. Assessor's Parcel No. 255-040-55 Project No. & Name 3466 Olivenhain Rc ~~~ ~~ ~~~ ~ PARTNERSHIP GRANT DEED OF EASEMENT ~~ FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Wiegand Properties Partnership a partnership organized under the laws of the State of California, hereby GRANTS to City of Carlsbad, a Municipal Corporation the following described real property in the Ci of Carlsbad, County of San Diego, State of Caliior an easement for ACCESS ROAD, upon, through, under, over, and across the hereinafter describc property for the installation, construction, maintenance, repair, replacement, reconstruction and insp of an access road and all structures incidental thereto, together with the perpetual right to r( easement as described in Exhibit "A' consisting of one (1) page, attached hereto and made a part t Wibit 'B" consisting of one (1) page is attached for clarity only. buildings, structures, trees, bushes, undergrowth, and any other obstruction interfering with the use ( DATED STATE OF CALIFORNIA COUNTY OF SAN DIEGO 1 1 WIEGAND PROPERTIES PARTNERSHIP (Name of Company) sy (Signature) On before me, " Name (here insert name and title of the officer), (Type or Print) perS6dly appeared - - personally known to me (or proved to me Title on the basis of satisfactory evidence) to be the ('Type or Print) person whose name is subscribed to the within instrument and acknowiedged to me that he executed the same in his authorized capacity, BY and that by his signature on the instrument the (Signature) person, or the entity upon behatf of which the person acted, executed the instrument. Name WITNESS my hand and official seal. (Type or Print) (Type or Print) Title Signature P:\DOCS\DEEDS\WIEGROAD.EAS RW 0 0 Ulffi&ACC.LEC EO1 (21. EXHIBIT 'A' LEGAL DESCRIPTION FOR ACCESS EAS&Mm (WIEGAND PROPERTY) APN 255-040-55 BEING A PORTION OF LOT 13 OF RANCHO LAS ENCINITAS, ACCORDING TO MAP NO. 848, AND RECORD OF SURVEY 5422, BOTH ON FILE IN THE OFFICE OF TH RECORDER OF SAN DIEGO, IN THE CITY OF CARLSBAD, COUNTY OF SPAN DIEGO, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 13; THENCE ALONG THE BOUNDARY THEREOF 1. SOUTH 02O18'28'' EAST 268.25 FEET (SOUTH 02*50'30" EAST PER CORD OF SURVEY 5422) ; THEN ING SAID BOUNDARY .~ 2. NORTH 87O30'15" EAST 135.00 FEET TO THE TRUE POINT OF BE THENCE 3. NORTH 87O30'15" EAST 3.60 FEET; THENCE 4. SOUTH 10°48'07" EAST 144.86 FEET; THENCE 5. SOUTH 02"18'28" EAST 96.13 FEET; THENCE 6. SOUTH 87O41'32" WEST 25.00 FEET; THENCE 7. NORTH 02°18'28'1 WEST 239.39 FEET TO THE TRUE POINT OF BEG11 CONTAINS 4,453 SQUARE FEET MORE OR LESS. DOUG- Ly C. A PAUL vu RCE 2u06 EXPIRES 12/31/97 PAGE 1 OF 1 cin C1.V W I SHEET 7 OF OUVENHAINJO ApORTIoN DEDICAn I Doc. RECORDED I I- I " "" ,., 'I, 0 \ I 149767, 0.R. ", - ~ "_ ""_" -~ ~ -~~ ~ nn I MA? No, 848 1. I 3 nl l ad' PUBUC UWN AND *- APRIL 3, 1991 AS FP ROAD €4SEMENT PER DOCUMENT RECORDED "$3 -a NO. 91-197546, O.R. 1: I -3OFE g N8730'15'E 360' N., " 1% P. O.O./n 29, 7YUJ In 6001 /I .I of4 PAGE 297 Of - PORT~O~: DdICAm pm o Q I DX, /?ECORDED AUGUST 3!3 \ TI: %- cn $iN87 d 107 7'3 35- 1961 AS F?E NO* RA l~~,!-j~ LAs gj\jgjl\ ua m ch_tJ 21 b Sl P I IT' P* o* 13500' B*qa5 bQ =2 I y k z 8 0 PP oao IW Pa. a A=?.*. & I b (2 2 1 Q1/ *= c, 3 1'- 1- 88 I bQ &l Q Q2 9 gs I .& '"I s lTHIN MEW40 9 l\s bd *a AREA = 4'453 &Q *I SEWER EASmmT To LEUCAM CmI 9 " LEGEND 2 f3 m lNDlCATEs ACE 2% -- I ~8747 '32.E -4 91 25.00' ( ) RECORD DATA P b- - - - IND~CAES arn IOe 1973 AS F'R NO. 73-206084. C (22 I L"" DlSTRICT PER DOCUMENT fECUI?ED 4zz """ ~ 15 R, 0, 5, 5422 VA i I I +; I 1 \ d 101 13 MAP No, 845 RAlY cMY LA S %NCIlY/T P A.o@ct Design Codtants \ DATE DEslGNE Rannang Bhginrm'ng Wng 6/f-aJ-6/71 Pdy A?S,-OY49 701 -Ba ,W?ut. skit. 800. San o*a N 9ZVf +,,T i@ PROJECT NAME: (3 PROJECT NOb ~WNmADHmW 3466 0 I - RECORDING REQUESTED BY 0 - AND WHEN RECORDED, PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, California 92008 MAIL TAX STATEMENTS TO: M€MPT Space above this llne for Recorc The undersigned grantor@) declare@): Documentary transfer tax is $o.oO I1 computed on full value of property conveyed, or computed on full value less value of liens and ( ) Unincorporated area : (x) City of Carlsbad, and encumbrances remaining at time of sale. Assessor's Parcel Nos. 255-023-01 ' Project No. & Name 3466 Ollvenhalnl- CORPORATION GRANT DEED OF EASEMENT ~ ~~ ~ ~~ ~ FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Northwestern Pacitic Railroad Company a corporation organized under the laws of the State of , hereby GRANTS to City of Carlsbad, a Municipal Corporation the following described real ro e in the Ci of Carlsbad, County of San Diego, State of Califorl an easement for TEMPORAR! SrO% & CONS~RUCT!ON, uppn, through, under, over, and across described real property for the Installation, construcbon, maintenance, repalr, replacement, recol ins ection of an access road and all structures incidental thereto, together with the perpetual ri! buldings, structures, trees, bushes, undergrowth, and any other obstrucbon lnterferin easement as described in Exhibit "A" consistmg of one 1) page, attached hereto and ma e a part t force for a period of een 15) months from the date of recordation or upon completion of the 01 construction, whichever occurs first. In Witness Whereof, said corporation has caused its corporate name and seal to be affixed h instrument to be executed by ~ts President and Secretary thereunto dul At) 9 1 8 with th "8" consisting of one 1 pa e IS attached for clarlty on y, This temporary constructlon easement I DATED STATE OF CALIFORNIA 1 NORTHWESTERN PACIFIC RAILROAD CC (Name of Company) COUNTY OF SAN DIEGO ) By On before me, ~hy appeared one basis of satisfacto evi6ence) to be the person whose name is su scribed to the within Instrument and acknowledged to me that he executed the same in his authorized capacity, BY Instrument the person, or the entity upon behalf of which the person acted, executed the Name instrument. (Type or Print) (Signature) Name here insert name and title of the officer), (Type or Print) personally known to me or proved to me Title vype or Print) 'y, wd that by his/her/their signature on the (Signature) WITNESS my hand and official seal. Title (Type or Print) Signature Rev. 06/19/95 0 0 UlO5dPROP.LEG EO1 (5). EXHIBIT ' A' LEGAL DESCRIPTION (RAILROAD PROPERTY) PARCELS 'A' AND 'B' APN 255'-023-01 AND 02 BEING A PORTION OF PARCELS 1 AND 2 ACCORDING TO PARCEL MAP THEREOF P ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO, IN THE CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PAR'I DESCRIBED AS FOLLOWS : . PARCEL 'A' BEGINNING AT THE SOUTHEAST CORNER OF SAID PARCEL 1, BEING A POI& NORTHERLY RIGHT-OF-WAY OF OLIVENHAIN ROAD, A PORTION THEREOF DEDI( SAID PARCEL MAP NO. 5288; THENCE ALONG THE EASTERLY BOUNDARY OF SA: MAP NO. 5288 1. NORTH 20O02'53" WEST 131.44 FEET (NORTH 20°02'42" WEST PARCEL MAP NO. 5288) TO POINT OF BEGINNING; THENC 2. NORTH 75O09'22" WEST 23.13 FEET; THENCE 3. NORTH 75O23'37" WEST 165.00 FEET TO THE BEGINNING OF A 1,66 RADIUS CURVE CONCAVE S THENCE ALONG THE ARC OF S 4. WESTERLY 279.85 FEET THROUGH A CENTRAL E 09O39'02" TO AN INTERSEC THE NORTHERLY RIGHT-OF-WE OLIVENHAIN ROAD, AS DEDI SAID PARCEL MAP NO. 528 ALONG SAID RIGHT-OF-WAY 5. NORTH 56O27'47" WEST 47.65 FEET TO THE BEGINNING OF A 1E RADIUS CURVE CONCAVE SOUTI THENCE ALONG THE ARC OF l 6. NORTHWESTERLY 7. NORTHWESTERLY 23.02 FEET THROUGH A CENTRAL I 08°44f10" TO THE BEGINl 30.00-FOOT RADIUS REVE CONCAVE NORTHEASTERLY; TH THE ARC OF SAID CURVE 34.61 FEET THROUGH A CENTRAL 66 '06 '11" TO A POINT ON ERLY RIGHT-OF-WAY OF EL ( AS DEDICATED PER SAID PAGE 1 OF 2 0 0 U1OSBRWP.UG EO1 151. NO. 5288; THENCE LEAVIl RIGHT-OF-WAY 8. SOUTH 89'38'14" EAST 295.92 FEET; THENCE 9. SOUTH 72O16'26" EAST 215.11 FEET TO A POINT ON THE EASTERLY OF SAID PARCEL MAY NO, 5288 ALONG SAID BOUNDARY 10. SOUTH 20°02'53" EAST 98.89 FEET (SOUTH 70O22'42" EAST F PARCEL MAP NO. 5288) TO POINT OF BEGINNING. CONTAINS 40,106 SQUARE FEET, MORE OR LESS. PARCEL 'B' BEGINNING AT THE SOUTHEAST CORNER OF SAID PARCEL MAP NO. 5288; THE1 THE EASTERLY BOUNDARY THEREOF 1. NORTH 20"02'53" WEST 230.33 FEET (NORTH 20"22'42" WEST E PARCEL MAP NO. 5288) TO POINT OF BEGINNING; THENCI 2. NORTH 72O16'26" WEST 215.11 FEET; THENCE 3. NORTH 89O38'14" WEST 295.92 FEET TO A POINT ON THE EASTER7 OF-WAY OF SAID EL CAM1 THENCE ALONG SAID RIGHT-0 4. NORTH OOO46'48" EAST 39.21 FEET; THENCE LEAVING SAID RIGHT 5. SOUTH 89O47'27" EAST 301.69 FEET; THENCE 6. SOUTH 72O16,26" EAST 190.27 FEET TO A POINT ON THE EASTERLY OF SAID PARCEL MAP NO. 528 ALONG SAID BOUNDARY 7. SOUTH 20O02'53" EAST 50.61 FEET (SOUTH 20°22'4211 EAST PARCEL MAP NO. 5288) TO POINT OF BEGINNING. CONTAINS 19,942 SQUARE FEET, MORE OR LESS. m i \ L, ell- \/ EXPIRES 12/31/97 Y PP -7 2 OF 2 -z- 1NDlCATES SLOPE EASEMENT WHIN N.W. RAILROAD PROP. PARCEL 'A'-AR€A= 40,106 SQ. FT. INDlCATES CONSTRUCTION EASCMENT WHIN N.W. RAILROAD PROP. PARCEL 'B'-AREA= 19,942 SQ. n. ] RECORD DATA PER R.O.S. 7624 - - - INDICATES Cl7Y BOUNDARIES ) RECORD DATA P€R P.M. 528 RAfY @,!-/o LA S ZNC/f\ffTA S MA? f\fQ, 848 AS FILE NO. 169289, O.R. 2AlYGHO LA6 E MA? NoJ % SHEET I ( " ~\ &?P shaL~m.hDirpqc19doI J y ei.L b/Lc/s &r 4 kject Dm;911 Cadfads \. WC PAUL R.Cf ab06 ME DESGN " #+a5+W?Y f! 234449 PROJECT NAME: (J PROJECT NO. ~rnWROADc4~ 3%66 t e, e - RECORDING REQUESTED BY I . AND WHEN RECORDED, PLEASE MAIL TO: City Clerk City of Carlsbad 7200 Carlsbad Village Dr. Carisbad, California 92008 MAIL TAX STATEMENTS TO: EXEMPT Space above thls line for Record4 The undersigned grantor(s) declare(s): Documentary transfer tax is $o.oO I1 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 Carlsbad, and Assessor's Parcel Nos. 255-023-01 & OlwenhatnRc Project No, & Name 3466 ~-~~ ~ ~ ~ ~~ ~ ~~ CORPORATION GRANT DEED OF EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Northwestern Pacific Railroad Company a corporation organized under the laws of the State of , hereby GRANTS to City of Carlsbad, a Municipal Corporation the following described real property in the City of Carlsbad, County of San Diego, State of Califorr an easement for DRAINAGE, upon, through, under, over, and across the hereinafter described rea the installation, construction, maintenance, repair, replacement, reconstruction and inspection of ar and all structures incidental thereto, together with the perpetual right to remove buildings, structures, 1 undergrowth. and any other obstructran interfering with the use of said easement BS described consisting of one (1) age, attached hereto and made a part hereof. Exhibit 'B consisting of on attached for clarity on P y. In Witness Whereof, said corporation has caused its cor orate name and seal to be affixed hereto ar instrument to be executed by its Presi cp ent and Secretary thereuntc authorized. DATED STATE OF CALIFORNIA I NORTHWESTERN PACIFIC RAILROAD CC (Name of Company) COUNTY OF SAN DIEGO j BY On before me, personLy appeared on-thb basis of satisfacto evi6ence) to be the person whose name is su scribed to the within executed the same in his authorized capacity, BY and that by hisherhheir signature on the (Signature) instrument the person, or the entity upon behatf of which the person acted, executed the Name instrument. (Type or Print) (Signature) N€Ulli here insert name and title of the officer), (Type or Print) personally known to me or proved to me Title (Type or Print) % Instrument and acknowledged to me that he WITNESS my hand and official seal. Title (Type or Print) Signature 0 0 U1056PROP.LEG EO1 151. t EXHIBIT 'A' LEGAL DESCRIPTION (RAILROAD PROPERTY) PARCELS 'A' AND 'B' APN 255-023-01 AND 02 BEING A PORTION OF PARCELS 1 AND 2 ACCORDING TO PARCEL MAP THEREOF Nc ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO, IN THE CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE. PART: DESCRIBED AS FOLLOWS: PARCEL 'A' BEGINNING AT THE SOUTHEAST CORNER OF SAID PARCEL 1, BEING A POIN': NORTHERLY RIGHT-OF-WAY OF OLIVENHAIN ROAD, A PORTION THEREOF DEDIC SAID PARCEL MAP NO. 5288; THENCE ALONG THE EASTERLY BOUNDARY OF SAI MAP NO. 5288 1. NORTH 20°02'53" WEST 131.44 FEET (NORTH 20°02'4211 WEST E PARCEL MAP NO, 5288); THEE 2. NORTH 75O09'22" WEST 23.13 FEET; THENCE 3. NORTH 75O23'37" WEST 116.94 FEET TO THE TRUE POINT OF BI THENCE 4. NORTH 75O23'37" WEST 20.00 FEET; THENCE 5. NORTH 14O36'23" EAST 59.85 FEET; THENCE 6. SOUTH 75O23'37" EAST 20.00 FEET; THENCE 7. SOUTH 14O36'23" WEST 59.85 FEET TO THE TRUE POINT OF BEG11 CONTAINS 1,197 SQUARE FEET, MORE OR LESS. . PARCEL 'Br BEGINNING AT A POINT ON THE NORTHERLY RIGHT-OF-WAY OF OLIVENHAII PORTION DEDICATED PER SAID PARCEL MAP NO. 5288, BEING THE.WESTERLY OF A 151.00-FOOT RADIUS CURVE CONCAVE SOUTHERLY, BEING ALSO THE BEG A 30.00-FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE ALONG THE ZU CURVE AND RIGHT-OF-WAY 1. NORTHWESTERLY 1.32 FEET THROUGH A CENTRAL I! 02°31r2611; THENCE LEAV RIGHT-OF-WAY 2. NORTH 18O49'16" EAST 26.11 FEET; THENCE PAGE 1 OF 2 0 a U1oSOPROP.lEG EO1 (51 * - 3. SOUTH 71°10'44" EAST 20.00 FEET; THENCE 4. SOUTH 18049'16l1 WEST 29.43 FEET TO A POINT ON SAID NORTHERI OF-WAY I EEING ALSO A POIH ARC OF SAID 151.00-F001 CURVE CONCAVE SOUTHERLY, FROM SAID POINT BEAR: 31°59'5011 WEST; THENCE A ARC OF SAID CURVE AND RIG1 5. WESTERLY 18.97 FEET THROUGH A CENTRAL AI 07°11'47" TO THE POINT C NING. CONTAINS 551 SQUARE FEET, MORE OR LESS. 3 RCE 2e6 EXPIRES 12/31/97 PAGE 2 OF 2 "- PUBLIC ROAD EASEMfNT PER DEED RECORDED MARCH 19, 1970 AS F?LE NU. 49122, O.R. LEGEND INDICATES DRAINAGE EASEMENT WHIN N.W. RAILROAD PROP. INDICATES DRAINAGE EASEMENT PARCEL '8'-AREA= 551 SO. FT. PARCEL 'A'-AR€k 1,197 SQ. IT. r 3 RECORD DATA PEU R.0.S 7624 - - - INDICATES Ct7Y BOUNDARIES ( ) RECORD DATA PER P.M. 5288 FiAPICHO LA s aY GfAff-TA s MA? NOA 848 PUBLIC ROAD R/GHT-OF- WAY RECORDED SEPmUBER 28, 1961 AS RE NO. 169289, O.R. MA? NOA \ SHE7 1 ,PA Pm ct Design Consultants DG1W C PAUL RCE. pdop " 7M -3 SkrL $wf#m, S" c4aaw 6W"m PUrn4-0349 \. DATE DEslQll BI. b,/ CL d/tC/s < 4 PROJECT NAME: ( PROJECT NO. OuvElwWNRoADm~ 3466 \\i 0 * RECORDING REQUESTED BY I e AND WHEN RECORDED, PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, California 92008 MAIL TAX STATEMENTS TO: EXEMPT Space above thts tine for Hecord The undersigned grantor@) declare@): Documentary transfer tax is $o.oO I1 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 Carlsbad, and Assessor's Parcel Nos. 255-023-01 8 Project No. & Name 3466 OlwenhalnHc CORPORATION GRANT DEED OF EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Northwestern Pacific Railroad Company a corporation organized under the laws of the State of , hereby GRANTS to City of Carlsbad, a Municipal Corporation the following described real property in the City of Carlsbad. Coun of San Diega, State of Californ an easement for ROAD, upon, through, under, over, and across the k ereinafter described real proper the installation, construction, maintenance, repair, replacement, reconstruction and inspection of an at road and all structures incidental thereto, together with the perpetual right to remove buildings, struci trees, bushes, under rowth, and any other obstruction interfering wth the use of said easemen described in Exhibit " %, ' consisting of one (1) page, attached hereto and made a part hereof. Mit consisting of one (1) page is attached for clarity only. In Witness Whereof, said corporation has caused 'ts cor orate name and seal to be affixed hereto an instrument to be executed by its * Presi cr ent and Secretary thereuntc authorized. DATED STATE OF CALIFORNIA COUNTY OF SAN DIEGO I On before me, (here insert name and title of the officer), personally appeared personally known to me or proved to me &e basis of satisfacto evi6ence) to be the person whose name is su 'y, scribed to the within Instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his/her/their signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument WITNESS my hand and official seal. Signature NOhTHWESTERN PACIFIC RAILROAD CO (Name of Company) By (Signature) (Type or Print) Name Title (Type or Print) By Name Title (Signature) (Type or Print) (lype or Print) 0 - 0 U1056pRoP.LEG E01 I! EXHIBIT 'A' LEGAL DESCRIPTION . (NiIL8OAD PROPEWXI APN 2~5-0z3-oa AND 02 BEING A PORTION OF PARCELS 1 AND 2 ACCORDING TO PARCEL MAP THEREOF ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO, IN THI CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PAR DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID PARCEL 1, BEING A POI1 NORTHERLY RIGHT-OF-WAY OF OLIVENHAIN ROAD, A PORTION THEREOF DEDI( SAID PARCEL MAP NO. 5288 , BEING ALSO A POINT ON THE ARC OF A NO 751.01-FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, A RADIAL FROM S1 BEARS NORTH 04O19'25" EAST; THENCE ALONG SAID RIGHT-OF-WAY AND AR( CURVE 1. NORTHWESTERLY 3 82.92 FEET THROUGH A CENTRAL A 29 * 12 '4811 : TI-IENCE! CONTINU SAID RIGHT-OF-WAY 2. NORTH 56O27'47I' WEST 173.07 FEET (NORTH 56O27'51" WEST PARCEL MAP NO. 5288) TO T NING OF A NON-TANGENT 1,66 RADIUS CURm CONCAVE SOU! RADIAL FROM SAID POINT BE 04O57'21" WEST; THENCE LEA RIGHT-OF-WAY ALONG THE AR CURVE 3. EASTERLY 279.85 FEET THROUGH A CENTRAL A 09°39/02n; THENCE 4. SOUTH 75O23'37" EAST 165.00 FEET; THENCE 5. SOUTH 75"09'22" -ST 23 13 FEET TO A POINT ON THE EASTERLY OF SAID PARCEL MAP NO. 528 ALONG SAID BOUNDARY 6. SOUTH 20O02'53" EAST 131.44 FEET (SOUTH 20O22'42" EAST PARCEL MAP NO. 5288) TO ' OF BEGINNING. CONTAINS 43,849 SQUARE FEET, MORE OR LESS. J,&/ A "1 DOUGLA C. PAUL RCE 22b6 EXPIRES 12/31/97 PAGE 1 OF 1 - PU3bC ROAD EASEMENT Pi3 Dm &ti!! 22, 1970 AS FILE NO. LEGEND INDICATES ROAD EASEMENT WHIN N. W. RAILROAD PROP. AREA = 4.3849 SQ. FI "- r 3 RECORD DATA PER R.O.S. 7624 - - - INDICATES Clr/ BOUNDARIES ( ) RECORD DATA PER P.M. 5288 ZAJ\I@!-..cl LA s m~clAllTA 6 A/" 1Va 843 PUBUC ROAD RlGH T-OF- WAY RECORDED SEPTCMBER 28, 1961 AS FILE NO. 169289, O.R. - F~AI\~CHO LA6 ZM MA? 1va 83 -z- SCALE 1" = 80' SHEET I Of ,9-$ A.0' et Design Consultants \ WUfUSCPAL&R.CE.22606 OAK EsGnal " b, - CJ ms8m ?U ad* /& LILC 15.: /)- 70/1 ~~~.Sorr~UQdlw PROJECT NAME: !\ PROJECT NO. tXIWUWNRylADDEDICATR?N , 3466 /I .Exhibit 4 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 3660 A RESOLUTION OF THE PLANNING COMMISSION OF THE CXY OF CARLSBAD, CALIFORNIA ilETERMINING A GENERAL PLAN CONSISTENCY FOR THE 1994 TO BUILDOUT CAPITAL IMPROVEMENT PROGRAM CASE NAME: CITY OF CARLSBAD CASE NO: PCD/GPC 93-04 WHEREAS, State Law requires the City to adopt a General P1, development and outline goals for a. balanced community, including the 1 public facilities such as civic projects, drainage projects, park projects, sew water projects, traffic signal projects, street projects, and bridge projects; ar: WHEREAS, programs developed for the provision of these pub must be reviewed for consistency with the goals and policies of the General WHEREAS, in order to implement the General Plan, the City m a program to ensue that publ;c facXties are provided prior to or concurrent and WHEREAS, the Planning Commission did on the 18th day of and on the 1st day of June, 1994, consider said request; and WHEREAS, at said hearing upon hearing and considering all tes arguments, if any, of all persons desiring to be heard, said Commission co: factors relating to the Planning Commission Detennination; and NOW, THEREFORE, BE IT RESOLVED by the Planning Commi City of Carlsbad, as follows: A) That the above recitations are true and correct. B) That based on evidence presented at the public h Commission APPROVES PCD/GPC 93-04, based on th findings and subject to the following condition: I I I I I 2 3 4 5 6 7 a 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 F- 1. The project is consistent with the goals and policies of the Citfs G whicb ensures and requires the provision of adequate public facilities : concurrent with or prior to development. 2. The project is consistent with the Circulation, Public Facilities, Land Safety and Parks and Recreation Elements of the General Plan. Spec5 of the Public Facilities Element requires that "public facilities will 1 concurrent with need". The CIP implements this goal. 3. As provided for the General Plan, the proposed improvements are con the Citfs Growth Management Plan, specifically by ensuring tha improvements are provided for streets, traffic signals, parks, sewer sys systems, drainage facilities and bridges in accordance with the I standards of Growth Management. Condition: 1. All projects within the Capital Improvement Program shall undergo en review per Title 19 of the Carlsbad Municipal Code. Any dtigadc determined during a project's environmental review shall be complied 1 entirety unless environmental findings of overriding considerations 2 the City Council. .... .... .... .... .... 800# .... .... .... .... PC RES0 NO 3660 -2- ,I e 0 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 28 ~ PASSED, APPROVED, AND ADOPTED at a regular meeting of 1 Comraission of the City of Carlsbad, California, held on the 1st day of June, following vote, to wit: AYES: Chairperson Saw, Commissioners: Nielseq Compas, Erwin & Monroy. NOES: None. ABSENT: Commissioner Noble. ABSTAIN: None. CARLSBAD PLANNING COI ATTEST: c - MICHAEL J. HOLZMI~ Planning Director PC RES0 NO 3660 -3- \II 0 0 z 0 E $ 0 0 c c Y a 2 d a E U 0 31 a I 5i $1 0% w 1 z 'I 0 a I Qj :!!I !i Bf i! i" Q 1: $4 - 4 lij E I t B 1 5 3 a g i$ !!! 0s P B a 0 f 8 3 !ill Ea 0 :i I 3s E P t i 1 1 6 I I! Q I B I 1 c 0 0 9 Ga %; I! [j 1 - 0 ,I ao !!I! , a U I T) a I I \7 lb II .4 !I I[ 4 4 rld ii U 111 -r ill L I I' Ii /I 1 1 1' i; 2 I/\ 5 I1 I It 3 Ii I1 4 !' 6' 11 7 8 I/ g j; I/ 10 I! I! 11 j/ 12 1 I I.5 1 !: 24 I! 11 15 il I! 15 ij I/ /I li 17 jj 1E; " ?Q -d 2 $2 21 .. 22 :: .. 25 24 i: !' I! 25 I' /I L3 Il CI c II I! 27 1. il I1 28 ll I e RESOLUTION NO. 9 2 - 2 7 0 Exhibit 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA RECOMMENDING CERTiFICATlON OF ENVIRONMENTAL IMPACT REPOEf &.NO ADOPTION OF ALIGNMENT 2 FOR THE WIDENING AND REALIGNMENTOF OLIL'ENiiAIN FiOAD FOR FiANCHO SANTA FE 8049 TO fl CAMINO ;iEAL. WHEsiEAS, the City Council aid on the 21 st day of January 1992 hear and rl the finding of the Environmental Impact Report for Olivenhain Road widenins realignment, and WHEZEAS, the proposed Alianment 2 is the environmentally preferred altern and WHEREAS, the proposed project has no significant unnitiS:a!aSle environn impac!. NOW, THSEFORE, BE IT RESOLVE2 by the City Council of tho City of Car 2s fallows: A) That the above recitations are true and correct. 3) That based on the evidence presented in the final Environmen;al Ir Zeport presented at its January 21 s:, 1992 mecins, the City Council hereby rec3mrr to the City Council of the Ci~y of Enciniias California Certification of tht Envircnms.n:al Impact 3ep~ (a: ih3 Oiivenhain ?,sz5 v:idsnin;, realiGnmez; and ~ ConI;o! Frrojec: (SC: $91 6; 7 ZCSj St:sd danue:y! 1 Sf2. C) That Council rezz,Tmcnd aa?roval cf Alicnmnt 2 for final ac??iiol im$srnen?a:ion and sc9roves vaiianze of design speed s:tndards to allow 2 53 mi hour 'desisn speed and recuction of sxeet 2nd right of v:ay widths to raxn ex ccmditions. ?. tlnz'incc: 1. The rec!Ltction c: desig s;an,"arcs are require5 :o prc:sz: the envirc; reduce increased miss irnptcs an3 10 beiilr relate IO exisling c confiouration. I 3 p-/z I' r li 0 e I 1 2. Standards variances will not result in unusually restrictive traf characteristlc and fall within generally accepted engineering prac' 2 'I 4i 3 1, i 51 6 7 3. Appropriate signing will adequately indicate roadway conditions. 4. That the granting of Such variance will not cause subslantial c problems. 5. That the granting of such variance will not conflict with existing c traffic and parking demands or pedestrian or bicycle use. 6. That the granting of such variance will not be detrimental to th welfare or injurious to the property or improvements in the vicinity I the variance is granted. 8/ 7. That the granting of such variance will not adversely aff comprehensive general plan. 9 PASSED, APPROVED AND ADOPTED at a regular meeting of the Cartst 10 11 .. Council held on the 21st day of J-v , 1992 by the following vote, to wit: 12 I1 l3 It AYLS: Council Members Lewis, Kulcfiin, Larsan, Stanto Nygaard NOES: None ) 14 ABSENT: None I5 I/ hJ/p -/ 16 11 ;/ ,"Lw7 ~ (. pf(.f4 17 ATEST: I/ JCiAUDE A. LEWIS, Mayor I! 18 jl I' II 19 !' k=LL YY4 2.2 : AE~A LGALKENFNZ, Cir), Clerk (s~L) "1 L"Y-1 e? ?.. '_-T?Z, ASS~SZZZZ CLty Clerk I j 21 ;. 22 1; Ii i/ I1 %S iI 1; I, 'I 24 I/ 25 Ii I/ 26 11 27 II I! 2a I I \ I p-/3 January 16, 1996 Attention: Richard R. Freeland Asaro, Keagy, Freeland & McKinley Fourth ' Floor 3170 Fourth Avenue San Diego, CA 92103 Re: Olivenhain Road Widening Project Enclosed is a copy of a letter received today from Southern Pacific Real Estate Enterprises advising the city that their company, attorney, and joint venture partners will request to speak at the public hearing on February 6, 1996. A!. f- kuTENmZ, c c City Clerk ALR: ijp Enclosures "~- 1200 Carlsbad Village Drive - Carisbad, California 92008-1 989 - (61 9) 434 -~ ~ %$%& 'k0 '9 e &x r& - j-14 -?4 $$ 0. // 6b :: L. ' ,,x-, ,-F=y.~ j_ , 1; :- I; /: \-<?, ',".dl Southern Pacific k-&" L. Real Estate Enterprises ~~~~~~~~~~~~ .~~~~ ~~ ~ ~~~~ ~~ "" ___ ~~. ". ~~~~~~~~ ~~ ~ 1200 COWOR.4IE CENTER DRIVE SUITE 100 MOhTEREY PAW CA 91754-7605 e (213) 980-6939 FAX (213) 980-65 ~~ ~.~ In repIly, please refe Carlsbad - City of Carlsbad - SRN 20 January 12, 1996 City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Re: Olivenhain Road, Widening Project - February 6, 1996 Hearing Date Dear City Clerk: Pursuant to Mr. Richard R. Freeland's letter of January 8, 1996 (co enclosed), please be advised that Southern Pacific Transportation Company, i attorney and joint venture partners request to be heard at the February 6, 19 Hearing . Please call if you have any questions. Thank you. Very truly yours, ~fQJJ~ 6n Caldwel'l Assistant Vice President as Agent for Southern Pacific Transportation Company (213) 980-6931 HDC:amlllG cc: David Robbin, Esq. Lance Alworth Richard R. Freeland, Esq. Ronald Ball Pat Entezari A Diwsm of Southern Pacific Rad Corporation a. r -7 -, 0 .. v-' - "I ASARO, KEAGY, FREELAND 6 MCKINLEY =RANK L. ASARO ROSCOE 0. HEAGY RICHARD R. FREELAND STEVEN A. MCKINLEY TIMOTHY m. BARRY SHEILA M. LEONE ATTORNEYS AT LAW FOURTH FLOOR 3170 FOURTH AVENUE SAN DIEGO. CALIFORNIA 92103 TELEPHONE (6191 297-3170 FACSIMILE (619) 299-4268 NOTICE OF PUBLIC HEARING TO ADOPT A RESOLUTION OF NECESSITY January 8 , 1996 Northwestern Pacific Railroad Company Southern Pacific Building Suite 816 San Francisco, CA 94105 One Market Plaza .. .. .. .. . , .. '.. RE: . .Olivenhain .Roa6 Widening' - . . . . - .. . . .- . .. . .. ... -- .. Ladies and Gentlemen: We have apparently reached an impasse in the negotiatio relative to the acquisition of your property for the above-entitl project. It is necessary to resolve this matter as quickly possible in a manner which is fair and equitable to both partie The Superior Court of the County of San Diego provides an imparti agency to hear both sides of a controversy and to render decisio to resolve our differences which, in this case, involves an opini of value. The procedure is called a "condemnation" or "the rig of eminent domain. I! It is the recommendation of our firm th condemnation proceedings be instituted to settle our controvers The City of Carlsbad will hold a public hearing on February 1996, at 6:OO p.m. or as soon thereafter as the matter may be hea at the City Counsel Chambers located at 1200 Carlsbad Villa Drive, Carlsbad, California, It is the intent of the City Carlsbad to consider at that time the adoption of a Resolution 3ECEI' JAN IC1 S.P. REAL EST, ,/ ” . 0 e , /.: ,. Northwestern Pacific Railroad Company January 8, 1996 Page 2 Necessity to authorize the condemnation of your property for t Olivenhain Road Widening Project. Pursuant to California Code of Civil Procedure Sect: 1245.235, each person whose property interests are to be acqui: by eminent domain has the right to appear and be heard at 1 hearing. The City of Carlsbad will determine whether (a) 1 public interest and necessity require the project; (b) the projc is planned or located in the manner that will be the mc compatible with the greatest public good and the least privi injury; and (c) the property sought to be acquired is necessary the project. If you wish to speak either for or against the issues wh (15) days from the date of this letter. Failure to file a writ request to appear and be heard in the office of the City Clerk the City of Carlsbad within fifteen (15) days after the date t’ Notice is mailed will result in waiver of the right to appear be heard at the aforementioned hearing. are outlined above, you must file a written request within fiftl Your written request should be addressed to the following City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 RE: Olivenhain Road Widening Project February 6, 1996 Hearing Date Please feel free to call us should you have any questions Very truly yours, ASARO, KEAGY, FREELAND & MCK P @J? RICHARD R. RRF : crw cc: Ronald Ball Pat Entezari City Clerk Mari Takahashi David Robbin fi- J527- (- / , FREELAND 2 '4 y 0 0 1 ACARO. KEAGY, FREELAND S. MCKINLEY FRANK L. ASARO ATTORNEYS AT LAW FOURTH FLOOR ROSCOE D KEAGY RICHARD R. FREELAND STEVEN A. MCKINLEY rlMorHY M. BARRY 3170 FOURTH AVENUE SAN DIEGO. CALIFORNIA 92103 TELEPHONE 16191 297-3170 SHEILA M. LEONE FACSIMILE (5191 299-4266 NOTICE OF PUBLIC HEARING TO ADOPT A RESOLUTION OF NECESSlTl January 8, 1996 Wiegand Properties Partnership, A California General Partnership P. 0. Box 998 Dixon, CA 95620 RE: Olivenhain Road Widening Ladies and Gentlemen: We have apparently reached an impasse in the negotiati relative to the acquisition of your property for the above-entit project. It is necessary to resolve this matter as quickly possible in a manner which is fair and equitable to both parti The Superior Court of the County of San Diego provides an impart agency to hear both sides of a controversy and to render decisi to resolve our differences which, in this case, involves an opir of value. The procedure is called a "condemnation" or lithe ri of eminent domain. 'I It is the recommendation of our firm t condemnation proceedings be instituted to settle our controver The City of Carlsbad will hold a public hearing on Februarl 1996, at 6:OO p.m. or as soon thereafter as the matter may be he at the City Counsel Chambers located at 1200 Carlsbad Vi11 Drive, Carlsbad, California. It is the intent of the City Carlsbad to consider at that time the adoption of a Resolutior Necessity to authorize the condemnation of your property for Olivenhain Road Widening Project. .. e 0 Wiegand Properties Partnership January 8 , 1996 Page 2 Pursuant to California Code of Civil Procedure Sect 1245.235, each person whose property interests are to be acqui hearing, The City of Carlsbad will determine whether (a) public interest and necessity require the project; (b) the proj is planned or located in the manner that will be the II compatible with the greatest public good and the least pri.1 injury; and (c) the property sought to be acquired is necessary the pro j ect . by eminent domain has the right to appear and be heard at If you wish to speak either for or against the issues wk are outlined above, you must file a written request within fift (15) days from the date of this letter. Failure to file a writ request to appear and be heard in the office of the City Clerl the City of Carlsbad within fifteen (15) days after the date t Notice is mailed will result in waiver of the right to appear be heard at the aforementioned hearing. Your written request should be addressed to the followins City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 RE: Olivenhain Road Widening Project February 6, 1996 Hearing Date Piease feel free to call us should YGU have any question: Very truly yours, ASARO, KEAGY, FREELAND mNLI @J B.F+ RICKARD R- FREELAND RRF: crw cc: Ronald Ball Pat Entezari City Clerk Ron Paul RSO: WIEGAND.HRG ~145.17 (01/08/96 Il:l?arn) I n 0 e % ASARO, KEAGY, FREELAND & MCKINLEY FRANK L. ASARO ATTORNEYS AT LAW FOURTH FLOOR ROSCOE D. KEAGY RICHARD R. FREELANO STEVEN A. MCKINLEY TIMOTHY M. BARRY 3170 FOURTH AVENUE SAN DIEGO. CALIFORNIA 98103 TELEPHONE 1619) 297-3170 SHEILA M. LEONE FACSIMILE 1619) 299-4868 NOTICE OF PUBLIC HEARING TO ADOPT A RESOLUTION OF NECESSITY January 8, 1996 Northwestern Pacific Railroad Company Southern Pacific Building Suite 816 One Market Plaza San Francisco, CA 94105 RE: Olivenhain Road Widening Ladies and Gentlemen: We have apparently reached an impasse in the negotiatic relative to the acquisition of your property for the above-entitl project. It is necessary to resolve this matter as quickly possible in a manner which is fair and equitable to both partie The Superior Court of the County of San Diego provides an imparti agency to hear both sides cf a controversy and to render decisic to resolve our differences which, in this case, involves an opini of value. The procedure is called a "condemnation" or "the ric of eminent domain. 'I It is the recommendation of our firm tr condemnation proceedings be instituted to settle our controvers The City of Carlsbad will hold a public hearing on February 1996, at 6:OO p.m. or as soon thereafter as the matter may be hea at the City Counsel Chambers located at 1200 Carlsbad Vi112 Drive, Carlsbad, California. It is the intent of the City Carlsbad to consider at that time the adoption of a Resolution 4. & * e % . Northwestern Pacific Railroad Company January 8, 1996 Page 2 Necessity to authorize the condemnation of your property for Olivenhain Road Widening Project. Pursuant to California Code of Civil Procedure Sect 1245.235, each person whose property interests are to be acqui by eminent domain has the right to appear and be heard at hearing. The City of Carlsbad will determine whether (a) public interest and necessity require the project; (b) the proj is planned or located in the manner that will be the m compatible with the greatest public good and the least priv injury; and (c) the property sought to be acquired is necessary the project. If you wish to speak either for or against the issues wh are outlined above, you must file a written request within fift (15) days from the date of this letter. Failure to file a writ request to appear and be heard in the office of the City Clerk the City of Carlsbad within fifteen (15) days after the date t Notice is mailed will result in waiver of the right to appear be heard at the aforementioned hearing. Your written request should be addressed to the following City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 RE: Olivenhain Road Widening Project February 6, 1996 Hearing Date Please feel free to call us should you have any questions Very truly yours, RRF: crw cc: Ronald Ball Pat Entezari City Clerk Mari Takahashi David Robbin ASARO, KEAGY, FREELAND & MCR @J fi.Esy (" / RICHARD R. FREELAND 2 0 0 ASAR~ KE*GY, FREELWQ & MGKINLEY @ ATTORNEYS AT LAW FRANK L ASARO FOURTH FLOOR ROSCOE D KEAGY RICHARD R FREELAND STEVEN A. MCKINLEY TIMOTHY M OARRY TELEPHONE (6191 297-3170 FACSIMILE (6191 2994268 3170 FOURTH AVENUE SAN OIEGO, CALIFORNIA 92103 KE@fiiVEO SEP -9 1996 September 6, 1996 ". , i Llr Lflf\LVLr CITY ATTORNEY 7h/?% x: g F2 I Mr. Ronald Ball City Attorney Carlsbad, 1200 Carlsbad CA 92008 Village Drive %&* Re: City of Carlsbad v. Wiegand Properties Dear Ron: Enclosed for your information is a copy of the Final Order of Condemna recorded on August 19, 1996. Very truly yours, ASARO, KEAGY, FREELAND & McKlNLt Roscoe &@* D. Keagy RDWmad Enc. "u. ' - 8 0 pK 7; p &J j !-E c=; : "i -; p 7 i :" -~ - 9 :d i-2 - ; p 73 9 I i- 2: j 3 0 .- Lj ?-j id $ 17 9 .z-;2y+i c - PLEASE COMPLETE THIS INFORMATION: 1 ) RECORDING REQUESTED BY: ) 1 ASARO, KEAGY, FREELAND & MCKINLEY 1 By: RICHARD R. FREELAND, Fourth Floor, 3170 Fourth Avenue ) .I' San Diego, CA 92103 1, (61 9) 297-31 70 i\ I AND WHEN RECORDED MAIL TO: )( ,, ) - - - - - I . . - - - -. - - ." - _.. -?- - . - . - . - - -. , , . - . - - - - - -. . . .. n -1 . _>. , "_il. "_ . ">/ " - .~__" "". " . - --- "i_ _... :,$i - *_ . : I -"L i "_ ii ., .. - . i'" " ' 'X. L ..,) . i :i . , ..I" I. , -. '1.. - " "._ ~ ". . . "_ ). ' \ ASARO, KEAGY, FREELAND & MCKINLEY By: RICHARD R. FREELAND, ; \>.:, Fourth Floor, 3170 Fourth Avenue 1 San Diego, CA 92103 1 (61 9) 297-31 70 ) 1 This Space for Recordets Use Only FINAL ORDER OF CONDEMNATION SUPERIOR COURT CASE NO. N 71050 * c 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN DIEGO CITY OF CARLSBAD, 1 A Municipal Corporation, 1 1 Plaintiff, ) 1 v. > ) WIEGAND PROPERTIES 1 PARTNERSHIP, a California > General Partnership; > MISSION VALLEY ESCROW, a > California Corporation; 1 BANK OF COMMERCE CUSTODIAN 1 FBO JEROME GARNER IRA; > MARGUERITE MILLER; ) JAMES WIEGAND; > and, DOES 1 Through 50, > inclusive, > > Defendants. ) ) NO. N 71050 FINAL ORDER OF CONDEMNATION It appearing to the Court that judgment in condemnation has been entered in the above- entitled action on July 22, 1996, adjudging that Plaintiff is entitled to take by condemnation the property described in the judgment on file herein and more fully described hereafter and in accordance with this judgment, Defendant has received the sum of money due; t 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 541 NOW THEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND DECREE real property and real property interests situated in the County of San Diego, State of and more particularly described in Exhibit "A" attached hereto and made a part condemned to Plaintiff for the purpose of the "Olivenhain Road Widening Project" in t proposed by Plaintiff in furtherance of public and general welfare. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that a certified c Order be recorded in the Office of the County Recorder of the County of San Dieg California, and thereupon, title to said property described herein shall vest in Plaintiff Dated: L\SA GW-SCHALL Air;$ 3 2 1996 Judge of the Superior Court APPROVAL AS TO FORM: Dated: 7h 7/ 9 c. ASARO, KEAGY, FREELAND & MCKINLEY, Special Counsel By: h! 9-QflF.A Q Attorneys for Plaintiff RICHARD R. CREELAND Date: 7 /I,* RONALD N. PAUL \ Attorney for Defendant WIEGAND PROPERTIES PARTNERSHIP, a California General Partnership ITW kKpoona iwm?wd s a k4, by! srd Lori <*t my ai 3la Witpijlj 3n Iye il! iJ-43 &-?a. &!.*"" 91 F: 3C;r-k .Ii 8% kpw: Cotn of 're $.1;3 $ Z3!537.j4, in %u! ti the hlq d & D,&&. ]riL;N;J ,iw la* -I w-* 10:37am) 2 " .. J '- r ox. - REComtNG FIEQuEstED 8y - . ANowHENREcocIoED, WE MAlL TO: taw -of- lzoo Corbbd *. Dr. cprbbd, cpLif0mi.w @C Exhibit 3 5 42 MAlLTAX STAfEMENTs To: "pf speooabaw~[mel~ The "llod gmtwfs) dochre(s): DocmamqlrursferrutbS;4!? ( )cOmpWarrM~dpr"*or (l~w"Mnluoks+&dh& (1- ~bmnc46nmriningatucmat=k -: (>ocayatcprbbd,nd Ats4ads Pd hk?.m ProjrctNo.&~ 3466 ' Ofiw PARTNERSHIP GRANT DEEO Of E4SEMENT mFt A VALW CONSIOERATION. -t ot- b my -ged, "d" ap~~orgulirodrnrderthr,~ot~Sbblof~herebyG~O -"a" ~~d~~Pro~intfnCa/at~,CountyotSnDkgo,Sbm,of ar~(1)prgC~hwefuendmder anerrsemsncforOPENSPA~upon.~h.uder,~.nd~tk~dc property 8s dvrcrbed in E.miba 'A' cmsskmg ExhibitWcmsWingdorn(1)~~ba&achadADICfiijtYody, .. DAm WEGANO PROPERTIES PAFITNEFC ~-0tcomPaw STATE Of CAllFOFwlA 1 1 cow OF SAN OIW 1 w On -me - (heroin#Rn8mmalldtilkot". cTyp.=prao P-noyloporad onthebrrhutdshctuyeuidenco)tak~ crype=prap p"rtm,iSSJbSdbdtUtfi.Wimhl lmrunmtanl#ado#wkdg.dtom~b ~~~intlis~crp.Cny, ey andthubyhis""" w-*) P~Or~orrtityrrporrbduttOt" (sigruap.) Nrrn ,peroordlykftmrmm(orprowdm~ Ti peMnaCm&eYmahtfwinrtnomsnt Nyrn WmrESSmyhndsnd" ITwwpnng CrvPeapnnQ f& / s@== . " - EXHIBIT "A" 543 ##IMN lwfall MxLREccRoQI[ ~1943~BoClI ON PAS 297 e ZAYcm us 5 &o'ptlBuCLcTIuTyANO was€nEvrpER w NO* 1 Nd 9?-t9z%l% aR m m OQ€N-.SPAC P.AEX=WI ) RaTAmR --- pIIcIpAc97EsmRaN &mSmurnFarr" "SFaUIE~ UT I3 wmo us mc w NU. 8.44 ? **:" "- ibLtFLIIT F*- m-r"(S"ct" ?U&m NAME PRuEcrNoL . ."__. WBUW~~PARC;EL 1' - " . I J; ." e'" . 0 D *A* mQIL "OH OQUI SPACE 7LpLo 355-010-55 c \J L1 '4 11 BEmG A PORTION OF UT U OF ma0 W mmr ACCORDMG TO NO, 848, AND RECORD OF SURVEY 5422, BOTB ON E'ILZ m TIE 0E"E DIEGO, STATE OF mRNIB, MORE PmcaLbBwt DES- AS POLU COUNTY RECORDER OP SAN DIEGO COUNTY, Ip9 TEIE m OF cAR=BAD, co BEGIWIXG AT TBE HORTEHEST CORNER OF e u3T U; wa ALQNG T aa[JNDARY TEEREOF 1- .som 02*1&'zS@# EAST f68.ZS FEfi (so- Oz'5Q'30" EAsl RECORD OF m 542 =,G SAXD BQUNMR!? 1- .som 02*1&'zS@# EAST 26P-2s FEfi (so- Oz0s0?3O" EAsl _"~-~ =,G SAXD BQUNMR!? Z. NORTE 8?*30iLs" EAST 160.00 m rn TXE m porn OF -Ci? CONTINUING 3. NO= 87'30'U1' EAST 330.00 m; -a 4. SOUTE 02'29'4fm EBST sa.00 m: ~CZ 5. SUUTE 87'30'15'' w 53-00 m; T!Bzxc= 6, NORTH 4L*50iS8m WEST 63.37 FEIT: wC= f, NO- 02'29'45'' l4€ST 4S.00 . FEET; -a 8. sow g7*30@~~ WEST L90.00 FEm: Dcz 9. som "49'54" VEST 58-38 FEET: -a Lo. SOUTH ~7*3a*~s* WEST 25.U FEET; -a 11, NO- 02'18'28* - rro-00 FEZT TO TBE = ~INT OF m co-s 28, ZU, s~o88e P~ET (a's5 scxr=S) mRe O.R ts_fs- SEXb wo NO- DWG NU. - Jc " - " 13 .i&&- P- RCZ 2w4 M32LRBTIobf U/?I/9t --T met .r -, F: .' ~I. . EmROING REQUESTED By - ,. AN0 WHEN R€coADEd. PWE Wt TO: - e[ c 1 .! -a- crty0fcUtsb.d ~200 Carkbad ma 01. ~sd.cplilbmis: s2oa Wt TAX STATEMENTS r0: EEWT space anavo trus une lor r(0C The und" gMtor(s) d.duaQ: Oocumentarytransfert.rirSaa ()~pufod4ctfullydllobv.Juoot~ulcL ()Unincorporated-: ~atyafculsb.d,md ( )cornputadanMIvalueQtpcOpaftyCO(NOYQd,ar encumbrancesrm8iningattffmafsale. ksassats pahel No. 2ss"5 Ropa No. & Name 3488 OIivenhair "~~" ~ ~ ~ * PARTNEASHF GRANT OED OF EASEMENT FOR A VALUABLE CIIUSID~TION wt ot whictr b hwrby 8Chawhdged. wieg~f-w" a~~orgMbedMb~~I.uvratttn~at~h~y~to c&YOfc&Sb.d,8~~ th~falbwingd~~propcrrrybrth.CByaf~.CounryatS.noiegO,S&osat~ aneslementforStOP~Md~hemb.rdor#nt~ethsr~~nghtto~~and #Ittl *pas Md embnham end fdiws inctd.rrtd -a QHT, undu. akng. and (II: hereinattetds#nbedpropq.8sdaaib.din~'ADcomalXy &two (2) page% atuachd ha mdeaprrthweot, WV~dorm(7)p.9eU~fwctultyO~-. .. OAfEo STATE OF wmmw 1 1 CmfUTf Of SAN offio 1 MEGANU PFldPERnES PARllVERSHll (- ~campury) ey (Sigrt.trPd On bdmrrw. Nm, - (harear#nrfmmnd~otthotllcw), cTP*Ran) P" w p"fmmkmeIh.rvdhin iffsummd~dmmmb "~hrtrhrrthamrd" ey perJonor"upa,bdrrltd" p===mda-"- Nanm W!7N€SSmyhnbSnQ" ,p~kmwnmrxtm{or~mmm Tab on~b.sirat~evidma)tukthm crMH=pnnp amctth.tbyttissgn8DmOrrIfr,~Bt8 (sigrtmp.) Crw" ow=- ma . Sigrucufe - mu0fW"-nAYY..II=1CI- . ." ... . . *R F' .. e\. .C u1- .- m 'X' ~~~~.zatscam?~~m wa GLOPL mu=EaT (vzEuum PaaP=zm 2ABC5S 'ar SBD 'B' mS tf5-U4 U-fS BmG A FORTIOH OF UT 13 OF RANCEO fcss am, ACCORDING . RECORDEX OF SA24 OIEGQ, = TSZ = OF CBRI;SBBI), COUNTY OF SAN I NO. 848, AND xmm OF SUBJEY ~422, BOTE OH - nr TXSE oma CALIFORNIA. MORE PARTICULARLY DESQZIBEO AS FOLUIUS: * PAR- 'A' BEGIXNIXG AT = NO- COFWEX OF SAID toT 13: WCZ WE BOUNDARY TEERDF 1. SOaTa C1z8Ls8ts* EAST 268.25 FEET (OZosor30r ERST Fa SUWX 5422) ; mC BOCZNDBRP 2.. ~~rtccs a7*3a'w EAST ?. NORTE Bf030't4* EZLST 25.00 FEET To TBE mmz porn 'PgEHCE tiioa PZZT TO TEE TRUE POINT ~e BS wm rat; =a 4. SO- 02'18828m EXST 549.3L FEET; TxRxE 5- SOOTH 87eU'3tm REST tsua PELT; -e 6. NORTg Ut'L8' 28* WEST 540.32 FEET To m TSOE Po= OE CONT'S f3.,73t SQ- FEET BURE OR m- PARCET. rErr BEGXNNING AT POIN'Z *Sr As Btt-Eb B8m: mc L. NO- 8f0f0'LSb EBST 6a.00 FEET TO m TIUJE Po= -= t. NOLZ st*3a'1~* EBST zsoa FEET: TEEN= - ,. I e E, e.F. " - .3. SO- OZ01S'f8" EAST 549.58 m; mc r 4. SO- 87*41'32* WEST 25.00 m; TQSCE 5, HOftTIz 0Z0L8'tSm - 549 SO FEEZ TO m - porn op BF *; * CONTAINS 13 ,?38 SQOARE FEET HOKE OR LESS. \ L,r& c DOU- C. PA= RCE 2q6 MPWES' lt/31/.97 i - .- * I- .- - "0 p83ceftlE5clTy~~ - f r - I. REtom(NGuEacEslED AN0 WEN REcom€D. 6' ~EMAlfTO: I is I I q.a- CilyOtcutsbd rZOo cortsbad Wltg. a: cestsbad,~ 92m8 t-. I * MAIL TAX STATEMEMS TO: "PT Space amave thrr h for H~I The undefslgned granmr(s) dec&ra(s): oocumerrtary tr8Mfef EIXbSQ!? ( ) computed OCI full Mkre at property COCIVQYOd, or ()COmpu(odonMI~last~~at~y14 (jUNncarparWmr: (x)atyat-,and encumbmncusrmt.singrttimeatsak AtsertdtPardNa255046 PrapctNa.&Nvne 3488 otiwmal ~~~ ~~ ~ ~~~~ ~ ~ ~~~~~ ~~~~~~~~~~~~ PARTNERSHIP GRANT OED OF €AS€" '. FOR A VALW CQNSID€RATION, ncoipt at which is My mged Ww-d - PMnenhrP apurnershrporg.nized~~~Qt~StafOQt~~hOrabyG~O Cityof~ahAurddpdCorpocrtioct thefollowbrgd.aibsbndpropertym~CityatCuttbrd,CountyotSmOkgo,Sbb.d~ an e&sem@m for ORAlNAGE up- mmugh urtder, over* and m am huwtsmr decri property for tho lnswmoR censmuion, ITraInteMllCQ rep-. replacement - urd in atdrPvlsge~~anbaY~~incidentdthereoP,bPgem.r~tt#perp~nghtto bulidingt,~~b~~Imderg~and8yotlwo~indPrhrP.rgvvith~~ -m as dm in -a =A. ' atom(l)p.qr.~tmre!omdrrmderpu GChIbit '8- cunssdq at bc)o (3) pag*zzzid tor dwty only, DATED STATE OF CAUFoWfA 1 COUNlY OF SAN OEGU 1 1 On " - (~~fmlo~tltkat~~), P"FH.nd ,~P"~~(=provod~~ onmetauisat . enderr~e) tU be- insaumrntandadcnawl.dg.dtemtft.th~ exscUtod"inhir", ancitfutbyttissagmamorr~kWtmmttttm p~~m~ermcytrpor,~at~tm p""- mF=c1cIyhmldMb" pei3c#?M?cua "bs" Signature .. WEGANO PFFOPERIES PNMRSHIF (-0fcsmPrry) ey wP=m N.rm ITYP." rrtle CTW" ay (slgnarp.) cTyp.*- Nvrn ria cTyp.orm ._ - W,? 'W,M"~TAlFWSE~~~~ Ra r e'. P- o (. ICI-a -IT 'at masD€!SrarprrQH nmuzaa cas- muuD rnPY==I AZIZ 255-434 a-5s POB c: tI BEING A FORZION OF Urr 13 Qf RANcBd w mwt Aamm qm NO. 848, AND REcdRD OF SUKVEX 5422, BoTa ON FfLz IN TEE OFFICE 0' CXLTFORNSA, KORE PBfcTImY OESCRIBEO AS FOLLOVS: RECORDER OF SAH DIEGO, IN mr~ CITY OF CARLSBPLD, comm aF SUI DIE BEGINNING AT TBE NO- CO- OF s;LID LOT U; me UNG ' BOUNDARY -OF L, SOW OZ*L8t28* EAST 26825 nrr (oz*~3a- ess~ FER sa m 5422); TSEETC : 80- 2. NOLT 8?*3ap~s* EASI! 50.00 FEET To TSE TRUE Porn 01 -cz 3, NO= st*3atrs*. ZAST 60.00 FSFT; -cS 4. Sar5TB OZ*IS~Z~* EAST s4g.sa FEET; TEESCZ i 5. SOW 87O4L'3ZR 'CJEST 60.00 FEET; TSENC 6, HORTS Ot018't8" WEST 549.32 FEET TU = TLZOE ?QRlT OF CdNTAISS 32,964 SQ- FEET XORE OR mS. \ A\ /eL- c - " w NO. WpvBuCUTItTTyAM3 ROAD-= "a APffaJf94rSSFP NQ 9f-7m4e a -. * "-ploICAm ~asa%NrTo- ~cT"IzEcl ratmsFpm73-286 - 197 13 g#cW LAS SY fww N% s. 8 nb. I .L 1 *ir R€am~NG~~6Y I or 5, 5 2 I AND WHEN RECoF11303. PLEASEMAILtO: aty- city 0fcartrb.d f2oa cOzt3bd mbg* or* cutsbed.coliforrtu92008 , I I MAlL TAX STATEMENTS TO: &E" Space moue ths ime 1 The underdgned granbor(s) dedsro(s): oocumenhvy mlsier tax b sa ( ) wrnpuMocrhJa~dpmpdlcomoy.dor ()coqutedorr"lessvdueofIivrruld ()~rpocrrtodwt.: (>ocayatcprbbd,and enarmb-remriningrtthmatde, Asscrtsdr Parwl No.= PrO~Na&-~ . nth Y*#. ~~~~ ~ ~~ ~~~~~ ~ PARTNERSHIP GRANT OED OF EAS€MENT ~ ~ ~~ ~-~_~~_~ ~~ ~ FOR A.VAlUA6t.E COUS1OERATION. mceipt af uhictr b hvoby &UlOWbdged, wiogand plqmies Plmwshp 8p~~ip~~~~~~~~~~~~h~~yG~~ CIiaf~d.Murridp.)Corpocrtkrr ~efollowtngd~edrodpro~inmeCityaf~.CoMtyat.~Diega.~1 vekictoCfortoaxranrctsccorrmat.dmnageobucbtresandombrnkrnntupan.~d utnckod~~~eoprt~~,~~~~~otonr~~~p.9~~ Thir~~cmpklandotd"" 8~~~~0N~~tfb.~&~g~9 and"hereinodtord9SUib&ralpfOpettyprd4DS&bedin"A' . -tW1terndnh~~t~of~(1$fTW dated 00 OAm WEGAND PMPEXnEs PARTNE ~-~compu XAT€ OF CAW=ORMA couMy0fsAN0(EGo i ey IaF==9 Ut? -mr, - (~plsort~anctbtleor~~, CTmm 01 m P"aP(rer0b onthebuua#~OndQCCI)tubetfiO {rypomm p~~fmmou~tu" ~Mdr)I;nawkdgdomo~hr exImtaddlo~irr"~. ey andmabyhhsicJmmeorrItr," WsP-" p8r?wcLath,elmzly"d" p""-=t=L NYM wm~myttmdadomd3#rt 'Nan. ,"~~.(orprovsdcoJ- me (rP" vLln=Prtnp Titk - s- 4 *[ 1" -\ I- ut"%l I lEEIErr 'af tEG2iL DESWIa nR ~UCl!Iont t8sm (w PRUPeaTI) 0- 'a' .A24D 'B' ASS zss-wu-ss BEZNG A POm8N aF m 13 OF wao w awur Ac~~~G TO NO- 848, AND RECORD OF SURVEZ 5422, BOTH OH FZZE TX = 6mm c RECORDER OF SAND^, INTBEcITpOPcBRLsBAb, COUNTYOP~DG WFORNIA, MORE PARTI-Y OpCcRfBED AS Famws: p.WCZL I A I B&G=G AT TgE NO- aw OF - U3T 13; -a UNG BOQNDARY TaEZZEOF 1. so= 02*~8tZ~* EAST 268-2s m (SOrrrrr 020S0'30u a REtQRD OF suKvt7L 5422: POINT OF 3EG-G; Tz " ~ sm BOUNDARY 2. NOR= 87-3a8rs* - ZS-OO FEET TO A TRUE porn HEREJ As ,eoINT 'A'; WCE 3. sam ~~*wzs* EAST SM.-ZZ FEET; TBZNCZ . 4. SOUTE 87a41.r32a WEST 25.00 FEET TO A TRUE porn ON t BOUNDARY; T€IENCE ALOB BRP 5, NO- 02'lS8ZS* WEST 549.L4 FEET TO TEE 'TRUE POINT OF CONT~S 13 t 730 SQ- FEET mw OR LESS. pkKm rgr BEGINNING AT porn *A* AS DPCCRIERI AEQOE; mcz r- .NO- 8703Q'Uw m ~0.00 m To TBE - 'Om TEES= t. NO- a7-34'~~ EBST 2S.00 FEET; -cE 3 - SOUTH 02'18'28* m 549- 6? E-; wc= TI E - .(' *c" "I f -u tJ -. 4. so- 8f*h1f3+m WEST 25.68 FZEC; ~CZ 5. NO= a~~18~28* WESP 549-58 €ZEl! To TEflS TRUE Po= OF BE c0NT"S 13,742 SQW &X HORE OR m- - \,/ c> t /?_ c RtS w*Gyc- ZZk 6 pArxI WIRES u/32/9f J - . UT 13 MAP No. i ” mma us g AprarJ tsotAsF/p NQ 91--19754& QR - zns. 5422 & --. mamm sElka~x3LEuci OrsTacrWz~ra 14 YmAsFpNd m: .. * r I- -~ -: @C R€ctlmlNGREQm 6y .i - . ANOWPI( R#sbmED. ME .WL TO: I *-tic c?y ut- 1200"*~- culsb.d.-= 0 [- Ti 56 MAI~TAX STATQAENIS TO aE"f ~~ku~ The undefs@md grpnOw(s1 d.ct.roQ: oocmmmytr~rnb~~ I )~~~MIvrJusatpropwtycornrsy.d*or )corrgrrAodm~~"othond (Iunhrcarpot": @)cetyatcpILtfwdt~ etlcumb"az~duds, -tMrnzw RapetNo.iNune 3468 . Olivpnhc PARTNERSHIP GRNiTOEED OF EAS€MENT FOR A VALUABLE C13NsIOERATK3Y nceipt d- b Lwoby we WqMb PrmPurner+hp apartnentripotgankduruia~buotth..Sbb,Q~hroby~~ cityot~a" thef~deraibedte3~in~CByat~CoMtydSrrDlega.StrtootC hereirrPitord~rulprOpWtyt+daarbed 'A' - atme (1) PIQa ottnc MortomontfolINUNDAfK)NatLnb~~~rqwIruargk.~r.Ovw..nd .. andmdeaputheroot ExH3it'k~Qfan.P)~~-fQIdudyw. .. WmJ ST.. OF CALlmM 1 ~UNWOFSANMEGO I on kbrrmr; - (~~lncertMimo~fitl,at". P"w0Pprred ,-I PecwrdiykrOwn~"W~~~ orr019&s8Qts&&cmlyQWdQI#)Okh peoorrudlusemb"" ~mb~tu~rlrrt)n amuf"saTmhhi,", amitfrrtbyhbsgmumar~." perrort,OCUlOerMtyUpOft~d" p"@OBSU-dfty~ ~InytrrdndamaLCd a- WTEGWDPFlOeEKnESPARTNERSF (rn~-FY) w (w=w Nrrrr, O'ype = - Tab CrP" w @G", Nrrr ow=-Q m (ryeH=W - wuuwnmwmrr - .C _. .. Oi- (r "r*Ds(d rt ;>, d -IT 'A' =GAL DESCRIPTICN FQR m- m(OP=m PARCELS 'A' AND 'E' Am 395-040-55 SEING A PORTION OF LOT 13 OF RANCSO LAS ENCmTASr XCORDXNG TO NO. 848, AND RECORO OF SVRVEY 5422, BOTE QN ETLE IN THE OF1 COUNTY RECORDER OF Sm dtEG6, m m Ctfl bP WgAb, corn 01 STAT- OF CALIFORNIA, MORE PARTICULARLY DESCRIBED As PARCELS 'A' FOLLOWS : P-L 'A' " EEGIXNING AT THE NORTEfWEST CORNER OF WD tOT L3; TIEKE ALONG ' aouNnARy TEEREOF L. SOUTH 0Z018'28" EAST 645.66 FEET - (SOOra 0Z050'30" EAS' RECORD OF SURVEY 54 TRUE POINT OF BEGIN& LXA..G SAID BOUNDAEW 2. SOUTH 61'58'24" EAST 188.83 ,cEET; TEEN= 9, S~~ QL'22'SV EAST 222.'04 FEET; TEEN= 4. SOuTLf 6S004'26" EAST S23.71 FEZT TO A POINT =IN DF POINT 'A' ; TgENc"c 5 . NORTH 90°00'OO" WEST 141.05 ET; THENcz 6. NOR= 71"13'30" WEST 180.L2 FEET; - 7. NORTEI 60O38'04" WEST 214.77 FEET ru A porn ON SA BO-Y; TREXG . BOmDARY 0 . NOR= oz*1a'20" HEST LO .97 FEET TO T5 TRUE POm OF : CONTAINS L4'019 SQW EZST HOE OR LESS. - L L 0. 0 ("1 or - =(* Kt '4 L - PARCEL '%' BEGINNING AT POINT 'A' As' DESWBED IN P- 'A' =Om; THENCE 1. som 72*6Sr31'" MT 26.75 FEET TU THE TRUE 3QXKS OF THENCE 2. SOCTTE 79O57'56" EkST 243-70 FEZT: mE 3. NORTH 73'24'51" "EAST 232.87 FEET; TEiEXZ 4- NORTH 87*14'3S" EAST 302.24 FEET; T'IENCE 5 - SOfTTEf 23O23' 35" WEST 39.64 FEET; m 6. SOUTB tl"Sf'S5" WEST 7. NORTH 77°30'01" WEST 80.32 m; TQKE 185.48 FEET; TEEXCE 2 8. SOUTH 67"03'13" WEST 224.96 FEET; TEEN= 9. NORTX 07Ow 27" WEST 127.69. FEET; TREKE 10, NdRTW 72'18'55" WEST 132.29 FAT; TEIEKZ 12. NORTH 52'18'09" WEST 39-33 E'Z&T TO TBE 'TRUE FOMT OF 9 CONTAINS 23,212 SQuAaE FEET HOE OR LZSS. b+f- muGL3S CJ w RCE 22606 & &XP+mEs 12 97 - t . {ED - ....:..<.:.."..:. .*:.::::' ' E[ ". ... . .. . *. . ... INDCATES AREA ff APpRoX lNUNDAnm ( 1 "TAPERI -l~llc~~~smeu~n ' -.-:.:..- -..-:,.:. p- 'A' ARE;A = 14.M9 =.F% m /No[am AREA OF APfRUX lr(iurvOArr0rv - 7E AppRox LOQTS OF WA7 PAR= 'a' AREA - 212-2 st). Fr m~wmlTtEma 109-m FU300 DATA DATED M i AmAL TOPOQUPFIYDArm 1-10-92 ,&$j@jDED MAP OF SANTA r" RJDGE - UMT NOa i NMARW AREAS UY- w : GMLsaAD TRACT NO. B3-i6, ~%4? NOa 10656 SOWHERfW~lU~CTUf MAP NO. #078 FEAmES OR om BASPI CHRRAcn ulum OF 1118 FOOT ccIEcTI);(IR.P "to AQwL SUR- - 01- .- mSt08FOOfCX3E st+uAaML- 0 us mcfM7AS MAP NU- a48 - ?SLICQs(r, LE ram ME QI-st- "n"ArnARm - (.: -" L . &RDrNG". !. .. 1 * AN0 WHEN REu3RDEo. 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