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HomeMy WebLinkAbout1996-06-11; City Council; 13685; Final Map Four Seasons Resort At AviaraC-Y OF CARLSBAD - AGE-A BILL AB # /q(o& TITLE: FINAL MAP OF CARLSBAD MTG. 6/l 1 I96 TRACT NO. 95-02-1, AVIARA PLANNING AREA 2A DEPT. ENG (FOUR SEASONS RESORT AT AVIARA) RECOMMENDED ACTION: 1. Adopt Resolution No. ‘% -205 approving the Final Map for Carlsbad Tract No. 95-02-1, Aviara Planning Area 2A and a portion of 2B, Unit 1. 2. Adopt Resolution No.96 -a6 approving Quitclaim Deeds of General Utility and Access Easements, Drainage Easements and a portion of an Open Space Easement. ITEM EXPLANATION : Engineering staff has completed checking the Final Map of Carlsbad Tract No. 95-02- 1, also known as Aviara Planning Area 2A and a portion of 2B, Unit 1, and more commonly known as Four Seasons Resort at Aviara. This subdivision is within Local Facilities Management Plan (LFMP) Zone 19 and is located south of Alga Road and its intersection with Blue Heron Place. It is comprised of 6 lots on an area of 42.24 acres with uses as follows: 1 lot for the hotel; 2 lots for timeshare units; 2 lots for open space, and 1 lot for a private street. This project is the first phase of the Four Seasons Resort at Aviara and covers Units 1 (hotel), 2 (North Village Timeshare), and 3 (West Village Timeshare) of the approved Tentative Map. It proposes to develop 42.24 acres out of the 78.20 acres total for the whole resort. Units 4 (East Village Timeshare) and 5 (Sports Club) are not included in this Unit 1 Final Map. This Final Map also does not contain the individual timeshare lots for North Village and West Village. A separate Final Map will be prepared for the individual timeshare lots. The Final Map conforms substantially with the tentative map as approved by City Council on October 3, 1995, per Resolution No. 95-288. The Final Map also conforms to the General Plan and all the applicable requirements of the Municipal Code and City Standards. The applicant, Aviara Resort Associates Limited Partnership, a California Limited Partnership, is requesting the recordation of the Final Map. This map has been found to comply with the requirements of LFMP Zone 19. Currently, all public facilities within, or impacted by, Zone 19 meet or exceed the adopted performance standards. For a more complete analysis of the public facilities impact for this project, please see the attached Local Facilities Impact Assessment Form. This is a commercial project and no park dedication is required. The site has been previously graded as part of Aviara Phase I mass grading. In conjunction with the mass grading operation, the applicant has entered into an agreement with the California Coastal Commission, creating a deed restriction over the open space areas within the subdivision. This deed restriction prohibits any encroachment into said areas in perpetuity. Also in conjunction with the mass grading, the applicant has contracted with a Page 2 of Agenda Bill No. /3!(,85 h licensed environmental consultant to provide construction observation and monitoring services for the mitigation measures required by the tentative map. In order to conform to the tentative map, the following previously dedicated easements need to be quitclaimed: E: C. General Utility and Access Easements - PR 3.7.76 and PR 3.7.77. Drainage Easements - PR 3.7.74, PR 3.7.75 and PR 3.7.79/ Portion of Open Space Easement - PR 3.7.80 The applicant is requesting that these easements be quitclaimed since the easements were never utilized for the purposes for which they were granted and are not now nor are they contemplated to be needed for the purposes earlier mentioned. Staff recommends that Council approve the quitclaim for said easements. FISCAL IMPACT: This project will generate the following fees at building permit issuance: (Note: Some of these fees were paid when the building permit for the unfinished hotel was issued. Reconciliation of the fees paid will be performed during building permit issuance for the remaining portion of the project.) 1. 2. 3. 4. Traffic Impact Fees (585 EDU @ $540/EDU = $315,900) Sewer Benefit Area Fees (585 EDU @ $776/EDU = $453,960) Water Service Connection Fee (585 EDU @ $2,40O/EDU = $1,404,000) Sewer Connection Fees (585 EDU @ $l,806/EDU = $1,056,510) $315,900.00 $453,960.00 $1,404,000.00 $1,056,510.00 The applicant has paid the Master Drainage Fee as conditioned for map approval as follows: 32.90 acres @ $56 = $1,842.00 The inclusionary housing requirement has been met by the applicant through the Aviara Master’s Plan Agreement with the City to participate in the Villa Loma affordable housing project. The exact amount of Public Facility Fees are unknown until the applicant submits applications for Building Permits. Public improvements for this project include full street improvements, drainage system, potable water system, reclaimed water system, and sewer system all to City Standards. No detailed economic impact analysis of this development has been conducted. While increased operating expenses related to this project are expected to be offset from the increased tax or fee revenue, no exact percentage of offset can be predicted. Page 3 of Agenda Bill No. /2,(08 5 A This project is located within Community Facilities District No. 1 (CFD). Annual special taxes on the undeveloped land will be levied on all lots within the subdivision with the exception of Open Space lots 2 and 5. Because this is a commercial project the owner has the option of 1) paying the one time special development tax at time of issuance of building permit or 2) of having the one time special development tax amortized and paying annually for 25 years. Lots 1 and 3 have been developed to their full potential. The annual special tax will be based on the following general plan designation and acreage of net developable land: Lot 4 General Plan TS 9.0 Acres of potentially developable land. Lot 6 General Plan TS 5.1 Acres of potentially developable land. This project is within Assessment District No. 88-l (Alga Road). The developer has signed an agreement to provide notification and disclosure of the assessment to potential buyers. PUBLIC FACILITY ADEQUACY STATUS: Facility Zone 19 Local Facilities Management Plan Complete Special Taxes CFD No. 1 EXHIBITS: 1. 2. 3. 4. 5. 6. Location map. Site Exhibit Local Facilities Impact Assessment Form Resolution No. %@-dO4 approving a Final Map for Carlsbad Tract No. 95-02- 1, Aviara Planning Area 2A and portion of 2B, Unit 1 (Four Seasons Resort at Aviara). Resolution No. 91p-a(iz approving the Quitclaims for the General Utility and Access Easements, Drainage Easements, and Open Space Easement. Quitclaim Deeds with attachments (5 each) for PR 3.7.74, PR 3.7.75, PR 3.7.76, PR 3.7.77, PR 3.7.79, and PR 3.7.80. 3 CITY OF ENCINIT PROJECT NAME FOUR SEASONS RESORT PROJECT EXHIBIT AT AVIARA UNIT 1 NUMBER CT95024 7 SCOTT EVANS. CARLSBAD ENCINttRINd?? NOT To SCALE f . %I. - . . ..,, _. . . . . . - 97-E EXHlel'i- P+odECT &WE : ’ w-f- NUhwER e-)w p1-r m-w--m-r z * F A CITY OF CARLSBAD GROWTH MANAGEMENT PROGRAM c LOCAL FACILITIES IMPACTS ASSESSMENT FORM COMPLIANCE WITH FACILITY UNITS OF DEMAND IMPACT STANDARD A City Administrative Facilities: Square Footage 3,033.97 YES B Library: Square Footage 1,084.63 YES C Wastewater Treatment Capacity: Gallons per Day Capacity YES Available D Park: Acreage N/A YES E Drainage: Adequacy of Existing Improvements YES Facilities Secured F Circulation: (Identify Trip Distribution on site plan) Average Daily Trips 3,615 YES G Fire: Sewed by Fire Station Nos. 2 and 4 YES H Open Space: Acres 6.34 YES I Schools: Carlsbad Unified Capacity YES (Demands determined by school district) School District Available J Sewer: Carlsbad Municipal Water District Equivalent Dwelling Units Capacity YES Sub Basin Available K Water: Carlsbad Municipal Water District Gallons per Day Capacity YES Available k EXHIBIT 3 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 RESOLUTION NO. 96-205 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A FINAL MAP FOR CARLSBAD TRACT NO. 95-02-1, FOUR SEASONS RESORT AT AVIARA. WHEREAS, Aviara Resort Associates Limited Partnership, a California Limited Partnership ,have submitted a Final Map known as Carlsbad Tract No. 95-02-l to the City of Carlsbad for approval; and WHEREAS, the Tentative Map of Carlsbad Tract No. 95-02-l with conditions, was approved by the City Council on October 3, 1995, pursuant to Resolution Number 95-288; and WHEREAS, the City Engineer has determined that said map substantially conforms to said conditionally approved tentative map; and WHEREAS, the conditions of approval for said Final Map have been completed or secured; and WHEREAS, the developer has the public easements for dedication to the City of Carlsbad; Associates Limited Partnership which is on file with the City Engineer and is incorporated herein by reference, is accepted. 3. That the City accepts the dedications shown on the Final Map. Ill and WHEREAS, the Final Map conforms to the City of Carlsbad General Plan and all ~ requirements of City Codes and Standards; and WHEREAS, the City Council of the City of Carlsbad determined it to be in the public i I interest to approve said Final Map. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That said Final Map known as Carlsbad Tract No. 95-02-l from Aviara Resort 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 4. That the City Clerk is authorized to sign the Certificate of Acceptance on the Final I Map. 5. That the Ciiy Clerk is authorized to cause the original Final Map to be recorded in the Office of the County Recorder of San Diego County, State of California. 6. That the City Clerk is authorized to release the map to First American Tile Insurance Company for recording in the Office of the County Recorder. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the I 1 lth day of JUNE , 1996 by the following vote, to wit: AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall NOES: None ABSENT: None ATTEST: ww / 6, . . s 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 - h RESOLUTION NO. 96-206 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE QUITCLAIM DEEDS OF GENERAL UTILITY AND ACCESS EASEMENTS, DRAINAGE EASEMENTS, AND A PORTION OF AN OPEN SPACE EASEMENT. WHEREAS, Aviara Resort Associates Limited Partnership has submitted a request to quitclaim the previously dedicated General Utility and Access Easements, Drainage Easements, and a portion of an Open Space Easement over a portion of their property at Aviara PA 2A & 2B; and, WHEREAS, said easements were never utilized for the purposes for which they were granted and is not now nor is it contemplated to be needed for the purposes earlier mentioned; and WHEREAS, the City Council of the City of Carlsbad has determined it to be in the public interest to Quitclaim said easements; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the Quitclaim Deeds for said existing easements which is on file with the City Clerk and is incorporated by this reference, is approved. Ill /I/ /I/ /I/ I// 4 . 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 h 3. That the Mayor is authorized to execute the original Quitclaim Deeds and the City Clerk is hereby authorized to cause the original Quitclaim Deeds to be released to Aviara Resort Associates Limited Partnership, to be recorded in the office of the County Recorder of San Diego County, State of California. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 11th day of JUNE I 1996 by the following vote, to wit: AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall NOES: None ABSENT: None LAUDE A. LEWIS, Mayor AT-?-EST: ALETHA L. RAUTKKRANZ, City Clerk KAREN R. KUNDTZ, Assistant City Clerk (SEAL) - . RECORDING REQUESTED BY AND WHEN RECORDED, PLEASE MAIL TO: Aviara Land Associates 2011 Palomar Airport Road Suite 206. ., - * Carisbad-, CA :: 9200iY ':; MAIL TAX STATEMENTS TO: The undersigned grantor(s) declare(s): Documentary transfer tax is So.00 1 I computed on full value of property conveyed, or 1 I computed on full value less value of liens and - Space above this line for Recorder’s Use Assessor’s Parcel No. 215-592-07 & 215-592-05 Project No. & Name 3.7.74 encumbrances remaining at time of sale. f 1 UnincorDorated area: (xl Citv of Carlsbad. and CORPORATION QUITCLAIM DEED OF EASEMENT (DRAINAGE EASEMENT) FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, City of Carlsbad, A Municipal Corporation organized under the laws of the State of California does hereby REMISE, RELEASE, AND FOREVER quitclaim to Aviara Resort Associates Limited Partnership, a California Limited Partnership the following described real property in the City of Carlsbad, County of San Diego, State of California: described as (see Exhibits “A” & “B” attached for legal description and plat respectively). DATED 6/14/96 CLAUDE A. LEWIS, Mayor N:\MASTERS\FORMS\CORQUIES.FRM Rev -06/l 9195 ,- n . P EXHIBIT A ’ Legal Description Drainage Easement PR 3.7.74 All those portions of existing drainage casements dedicated to the City of Carlsbad and shown on City of Carlsbad Tract 85-35 Aviara Phase I Unit “A” according to Map thereof No. 12409, ftied in the Office of the County Recorder of San Diego County Jnne 29, 1989, as File No. 89-345850, being more particularly described as follows: PARCEL A Commencing at an angle point in the southerly line of Lot 5 of said Map 12409, said angle point bears North 50”40’16” East (record North 50”40’00” East) from an angle point in said southerly line; thence along said southerly line South 50”40’ 16” West 255.00 feet to a point of cusp with a curve concave southwesterly having a radius of 50.00 feet, said cusp being on the sideline of Kingfisher Place as shown on said Map 12409, thence northerly, northwesterly and westerly 122.99 feet along said curve, and said sideline, through a central angle of 140’55’55” to the westerly line of an existing access and general utility easement as shown on said Map 12409; thence along said westerly line North 22’53 ‘57” West 41.20 feet to the TRUE POINT OF BEGINNING; thence North 44’07’36” East 106.93 feet; thence North 45”52’24” West 15.00 feet; thence South 44”07’36” West 100.57 feet to the west line of said general utility easement; thence along said west line South 22’53’57” East 16.29 feet to the TRUE POINT OF BEGINNING, all as shown on the map attached herewith and made a part hereof. Area = 0.036 acres more or less. Page 1 PARCEL B Beginning at the northeast comer of Lot 5 of said Map 12409; thence along the east line of said Let 5 South 03’00’ 16” West (record South 03”00’00” West) 21.68 feet; thence leaving said east line North 83’48’26” West 262.15 feet; thence North 06”11’02” East 15.00 feet; thence South 83’48’26” East 150.88 feet to the east line of Lot 7 of said Map 12409; thence along said east line South 01 O 16’44” East 7.72 feet to the north line of Lot 5 of said Map 12409; thence along said north line North 88’43’16” East 110.00 feet to the point of beginning, all as shown on the map attached herewith and made a part hereof. Area = 0.089 acres more or less. Prepared By: NOLTE and ASSOCIATES, Inc. Paul G. Robotta L.S. 5334 Date Page 2 GZAP’WC SCALE 0’ 200’ 400’ 600’ 800’ \ SCALE I”= 200’ y-w, ‘\ WXVt TY MAP NOSULE \ SEE SHEET No. 3 ( / . . INDICA TES RECORD DAJA PER MAP NO. 12409 INDICA TES EXISJNG DRAINAGE EASEMENJ JO BE OUl JCL AIMED AS DEDICA JED ON MAP 12409. PURPOSES DEDICATED PER MAP 12409 EXHIBIT “6” UL’LIJY EASEMENT ALSO FOR WATER PURPOSES DEDICATED PER MAP 12409. APPL ICANt A MARA RESmT ASS&TA ?Zi A LiMI?ED PARJiVERS+flP 7100 8L UE HER(X’ PLACE CARL SZIAD, CAM- ORNIA 921K74 AVIAUA p;FNY4 12-n-99 FYP nAr NOLTE and ASSOCIATES, Inc. PRSm7’74 su8w~ae~ 2wL Engineers / Planners / Surveyors QUITCLAIM mAIIo@Am “POlJ DRAINAGE EASEMENT mm14 mw NONE 5469 Kswny VIIIa Rod. Suite 305. Smn Diego. CA 92123 cesaemsLI(cloI m- Telephone:(619) 278-9392 Faxd619) 278-4628 **-I SDOO(I1 I w 3 Dccrs La1 7 AP. 215-592-07 La1 f0 APN 215-592-M I.:.:.:.:.:.:.:.:.:.l. . INDCA 7fS EXlS7hVG DRAINAGE EASEMEAJ7 7-O BE i?UlKiAIMED AS DEDKAWLI ON MAP NO. 12409 ( / hVOKA7ES RECORD DA TA PER MAP 12409. GRAPHIC SCALE 0' 20' 40' 60' 90' 120' 180' 240' SCALE I”= 60’ EXHIBIT A MARA RESO? 1 ASSOCTA ES A UA4..IZYD PARR&-RSMP 7100 6111X HE. PiACT b CARL SiYAD, CALIF~NI’A 92009 AVIAR IepA ft.5 5334 12-31-99 REX No. EXP DAIE 5469 Ksamy Vllh Rod. Suits 305. San DIego. CA 92123 p - 3#rrr .,I . LOT 6 c/TY OF cA,%s’AD TflAcT 95-3’5 Ab”FiA ,?b!A~Z / UY/7- 3 ’ MAP ND, G%?9 INUICA TES RECORD DATA PfR MAP NO 12409. m]. . INDJCA TES LKJSTNG DRAINAGE EASEM5NT TO BE C’UJTCLAJMfD AS DEDICATED ON MAP 12409. c 0 A INDICATES EXJSI: ACCESS AND GENERAL . . UTJLITY EASBKNT ALSO I-OR WATER PURPOSES DFDJCA JED PER MAP 12409. GRAPHIC SCALE 0' 60’ 120' 180’ 240’ EXHIBIT “B” SCALE: I”= 60’ QUITCLAIM DRAINAGE EASEMENT ‘RECORDING REQUESTED BY I AND WHEN RECORDED, PLEASE MAIL TO: Aviara Land Associates -.A 20.11 Palomar Airport Road SuiCG .Jia$ - CBrlsba9, CA .9iOO9. :; ‘ MAIL TAX STATEMENTS TO: Space above this line for Recorder’s Use The undersigned grantor(s) declare(s): Documentary transfer tax is $o.oO ( I computed on full value of property conveyed, or ( I computed on full value less value of liens and Assessor’s Parcel No. 2 15-592-09 & 215-592-08 Project No. & Name 3.7.75 encumbrances remaining at time of sale. ( 1 Unincorporated area: (x) City of Carlsbad, and CORPORATION QUITCLAIM DEED OF EASEMENT (DRAINAGE EASEMENT) FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, City of Carlsbad, A Municipal Corporation organized under the laws of the State of California does hereby REMISE, RELEASE, AND FOREVER quitclaim to Aviara Resort Associates Limited Partnership, a California Limited Partnership the following described real property in the City of Carlsbad, County of San Diego, State of California: described as (see Exhibits “A” 81 “B” attached for legal description and plat respectively). DATED (j/14/96 CLAUDE A. LEWIS, Mayor KAREN R. KUNDTZ, ssistant City Clerk N:\MASTERS\FORMS\CORQUiES.FRM Rev -06/l 9/96 EXHIBIT A Legal Description Drainage Easement PR 3.7.75 All those portions of existing drainage easements dedicated to the City of Carlsbad and shown on City of Carlsbad Tract 85-35 Aviara Phase I Unit “A” according to Map thereof No. 12409, filed in the Office of the County Recorder of San Diego County June 29, 1989, as File No. 89-345850, being more particularly described as follows: PARCEL A Commencing at the most northeasterly comer of Lot 9 of said Map 12409, said comer bears North 23’46’30” East (record North 23’46’14” East) from an angle point in the easterly line thereof; thence along said easterly line South 23’46’30” West 278.37 feet to the TRUE POINT OF BEGINNING; thence leaving said easterly line North 44”59’44” West 91.05 feet; thence North 79”48’48” West 76.98 feet to the easterly line of an existing access and general utility easement as shown on said Map 12409, described point being the beginning of a non-tangent curve concave easterly having a radius of 378.00 feet, to which beginning of curve a radial bears North 78”39’30” West, thence southerly 15 .OO feet along said curve, and said easterly line of said general utility easement, through a central angle of 02”16’26”; thence leaving said easterly line South 79”48’48” East 72.28 feet; thence South 44”59’44” East 94.63 feet to the easterly line of said Lot 9; thence along said easterly line North 10”00’16” East 9.63 feet; thence North 23”46’30” East 7.63 feet to the TRUE POINT OF BEGINNING, all as shown on the map attached herewith and made a part hereof. Area = 0.012 acres more or less. PARCEL B Commencing at the most southwesterly comer of Lot 9 of said Map 12409; thence along the westerly line of said Lot 9 North 07”01’19” East (record North 07”01’02” East) Page 1 k:\sd0051\con~\fmfm\vpl2legl 11.96 feet to the TRUE POINT OF BEGINNING; thence continuing along said westerly line North 07”01’19” East 15.00 feet; thence leaving said westerly line South 82”41’44” East 36.07 feet to the westerly line of an existing access and general utility easement as shown on said Map 12409; thence along said westerly line South 07”18’16” West 7.63 feet to the beginning of a tangent curve concave westerly having a radius of 178.00 feet; thence southerly 7.37 feet through a central angle of 02’22’23”; thence leaving said westerly line North 82”41’44” West 35.85 feet to the TRUE POINT OF BEGINNING, all as shown on the map attached herewith and made a part hereof. Area = 0.057 acres more or less. PARCEL C Commencing at an angle point in the east line of Lot 8 of said Map 12409, said angle point bears South ll”O2’58” West (record South ll”O2’42” West) from an angle point in the east line thereof; thence along said east line North ll”O2’58” East 77.73 feet to the TRUE POINT OF BEGINNING; thence leaving said east line North 82” 18’05” West 40.17 feet to the beginning of a tangent curve concave northerly having a radius of 92.50 feet; thence westerly 29.98 feet through a central angle of 18”34’04”; thence north 63”44’33” West 257.14 feet to the beginning of a tangent curve concave southwesterly having a radius of 107.50 feet; thence westerly 34.92 feet through a central angle of 18’36’45” to a point on the easterly line of an existing access and general utility easement as shown on said Map 12409, said point also (being the beginning of a non- tangent curve concave southeasterly having a radius of 228.00 feet, to which beginning of curve a radial bears North 13”28’48” East; thence southwesterly 67.65 feet along said curve, and said easterly line of said general utility easement, through a central angle of 16”59’58”; thence leaving said easterly line South 30’28’46” East 2.03 feet to the beginning of a non-tangent curve concave southeasterly having a radius of 92.50 feet and to which beginning of curve a radial line bears North 30’39’37” West; thence easterly 91.89 feet along said curve through a central angle of 56”55’03”; thence South 63”44’33” East 257.14 feet to the beginning of a tangent curve concave northerly having a radius of 107.50 feet; thence easterly 34.84 feet through a central angle of 18”34’04”; Page 2 k:\sdOO5l\con~\fmfm\vp~2lcgl thence South 82’18’05” East 39.29 feet; thence North 11’02’58” East 15.03 feet to the TRUE POINT OF BEGINNING, all as shown on the map attached herewith and made a part hereof. Area = 0.134 acres more or less. PARCEL D Commencing at a point on the southwesterly line of Lot 8 of said Map 12409, said comer bears North 44”49’42” West (record North 44”50’00” West) from the most southerly comer thereof, said point being at the intersection of the southwesterly line of Lot 8 and the westerly line of an existing access and general utility easement as shown on said Map 12409, said point also being the beginning of a non-tangent curve concave southeasterly having a radius of 272.00 feet, to which beginning of curve a radial bears North 44”49’44” West; thence northeasterly 69.65 feet along said curve, and westerly line of said general utility easement, through a central angle of 14”40’17” to the TRUE POINT OF BEGINNING; thence continuing northeasterly along said curve and westerly line 15.00 feet through a central angle of 03”09’36”; thence leaving said westerly line North 28”34’39” West 59.85 feet; thence South 61’25’21” West 15.00 feet; thence South 28”34’39” East 59.85 feet to the TRUE POINT OF BEGINNING, all as shown on the map attached herewith and made a part hereof. Area = 0.02 1 acres more or less. Prepared By: NOLTE and ASSOCIATES, Inc. Paul G. Robotta L.S. 5334 Date Page 3 k:\sdOO51\conr\fmfm\vpl2legl &ARilC SCALE A SCALE.- / I”= 200’ WCIM TTY MAP NO SCALE MOST Ef Y CORP4.R LOT 9 MA? A’0 12409. 7A)jj c 7 &T’&& A YLWA ?HAX / MAF, N.: 12409 NDICA JES EXiSIWG ACCESS AND GENERAL UIILITY EASEMENT ALSO WATER PURPOSES DEDICATED ON MAP NO. 12409 INDICA TES t-MSl7NG SEi+i?TR EASEMENT DEDKATED ON MAP No. 12410. INDICA TES EXISJLNG DRAINAGE EASEMENT FOR DETAIL DEDlCAi-ED ON MAP NO 12409. I [WI., INDICA TES EXISTING DRAINA GE EASEMENT TO BE OUIKLAIMED AS DEDICA TED ON MAP NO. 12409. EXHIBIT ‘B’ A MARA 1 AND ASSK .lIAff ffll PARI;NERsH/P A D-LA WARE LIMJEL’ PARLWR5MP 2011 PALMAR AIRmT RD. QUITCLAIM DRAINAGE EASEMENT MY LX= ,ARLLXAD APN ,215%‘c?- 09 T.RAcT 85-35 2 A WlflA ?/JAG / I I I Lf!!n- 27’ : i : / / DATA TABLE I 15 I NO7DI ‘19 ‘E 1.5 DO’ 1 16 N8.2 ‘4124 “w 36.07’ 17 NO778’16’~ 163 18 N82’41’44 “W 35 85’ CURK DEL JA RADfUS LENGJH Cl 02.16 ‘26 ” 378.00 ’ 15 00’ CZ 022223” 178.00’ 237’ GRAPHIC SCALE CITY OF CA,% MAD TflAcI 85~35 A VIAflA F%!ASZ / : L!Nl7 3 MAP A& f2406’ 6) . -1 . 0 A . . INDICAJES RECORD DAJA PER MAP NO. 12409. . INDICAJES EXISJ. DRAINAGE EASEMENJ JO BE OUIJCLAMED AS DEDICA JED ON MAP NO 12409. _ INDICAJES EXISJ ACCESS & GENERAL U?ZLIJY EASEMENJ ALSO WA JER PURPOSES DEDICAJED ON MAP 12409 0' 20’ 40’ 60’ 90’ . IAfDlCA JES EXlS7;ING SEKR EASEtUEN J DEDICAJED ON MAP NO 12410 SCALE.. I-= 60’ EXHIBIT “B” _. _. . 4MARA LAND ASSOC.. LMh5D PAR?h.‘ERWfP 4 DEf A WARE i JMl7ED PARliVERSfffP 201 I PALLMAR AIRPCHT RD. SWE 206 b _ 1 I I I1 c. RtHOTTA 12-31-99 I W?l StYAD, CALIFtXMA 92279 AVW- 1 REX NO EM? DATE I I I ar~mwu~ NOLTE and ASSOCIATES, Inc. Engineers / Planners / Surveyors QUITCLAIM rrn N \SD115~02\00\C*llo u-w “PI2 DRAINAGE EASEMENT ,011m va* NONE 5469 Ke~rr’y VI- Road Sullr 305. San DIego. CA 92123 RmmaXmoA -- Telsphons:(619) 2783-9392 Fax:(619) 278-4628 --I So0061 2 oe 3 Wf’S I > ’ (I, / ‘Y a= ~CIU~?AD G?APHIC SCALE rz4cr 8545 A YfAF~A ?HASZ ! SCALE I”= 100’ \ MAP No: 1.41. / / / M /pbf@ D /,-‘j&-y y /$- /-- - / .. 0 Z/.5-592- 08 0 / -- CITY CF cAFiW3AAD 7xMcr 8545 DATA TABLE 1 L/NE 1 BEARING DISTANCE _ 1 L? I N11272Z -jB’iC 15.03’ L2 1 hf82’18 ‘05 “W 3929’ 17 I “I 7nYo’1c”u/ 0 n7’ \ MAP NC? 12409 ;“4 IVJUIO 40 w L u3 Af28 L34 39 “W 59 85 L5 N6125 (21 ‘ir 1.5 00’ 16 N82 78 ‘OS “W 40.17’ _ CURE D/-l TA RADIUS LENGTH _ cr I8 ‘34 ‘04 ” 9250’ 2998’ c2 18’36 ‘45” 10750’ 34.92 p \ A UARA LAM ASSOC... LIMf7FD PAR7h’~RSMf A DELAWARE L/M?ED PARlX5RSMP 2Of I PALQWAR A/RPO? J RD.. SUIIF 206 CAR1 SBAD, CALIfQ?NlA 92009 AVIAUA YII. 0.104198 rl- - 1-1‘00' , *- Iem" -sL!.cL8cnvu a 'WV- N ~SO1~549~\00\CAOO lM4- w-13 101rmm I" NONE *~r&‘.Lmo4 IQ- ItVDKA TES RECORD DATA PER MAP NO. 12409 INDICA TES E/US-I: DRAINAGE EASEMENT TO BE QUf TiCLAMED AS DEDICA TED ON MAP NO 12409. INDICA TES EXi5-I: ACCESS & GENERAL UTILIJY EASEMENT ALSO WATER PURPOSES DEDICA TED ON MAP 12409. EXHIBIT “B” 12-31-99 REX No. t-XP DAK I NOLTE and ASSOCIATES, Inc. Engineers / Planners / Surveyors QUITCLAIM DRAINAGE EASEMENT 5469 Kawny Villa Romd. SuIta 305. San Dle~o. CA 92123 1 Telsphonel619) 275-9392 Fax:(619) 276-4626 JC9U” SD0011 3 01: 3 WSTl C * RECORDING REQUESTED BY . AND WHEN RECORDED, PLEASE MAIL TO: Aviara%Land Associates 26'i-i C'aiomar~$poqt~.Road Su?tze,2036, .'- Carlsbad, CA 93009' MAIL TAX STATEMENTS TO: The undersigned grantor(s) declare(s): Documentary transfer tax is $o.oO ( 1 computed on full value of property conveyed, or ( I computed on full value less value of liens and Space above this line for Recorder’s Use Assessor’s Parcel No. 2 15-592-05 Project No. & Name 3.7.76 encumbrances remaining at time of sale. ( 1 Unincorporated area: (x) City of Carlsbad, and CORPORATION QUITCLAIM DEED OF EASEMENT (GENERAL UTILITY AND ACCESS EASEMENT) FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, City of Carlsbad, A Municipal Corporation organized under the laws of the State of California does hereby REMISE, RELEASE, AND FOREVER quitclaim to Aviara Resort Associates Limited Partnership, a California Limited Partnership the following described real property in the City of Carlsbad, County of San Diego, State of California: described as (see Exhibits “A” & “B” attached for legal description and plat respectively). DATED 6/14/96 CLAUDE A. LEWIS, Mayor BY St” KAREN R. KUNDTZ, sistant City Clerk ' N:\MASTERS\FORMS\CORQUlES.FRM Rev -06/l S/S5 h EXHIBIT A Legal Description General Utility and Access Easement PR 3.7.76 All that portion of existing general utility and access easement per document filed in the Office of the County Recorder of San Diego County February 8, 1993 per Document No. 1993-082352, lying within Lot 5 of City of Carlsbad Tract 85-35 Aviara Phase I Unit “A” according to Map thereof No. 12409, filed in the Office of the County Recorder of San Diego County June 29, 1989, as File No. 89-345850, being more particularly described as follows: Commencing at the most northerly comer of Lot 4 of said Map 12409; thence along the southeasterly line of Lot 5 of said map South 50’40’16” West (record South 50”40’00” West) 254.99 feet to a point of cusp with a curve concave southwesterly having a radius of 50.00 feet and to which point a radial line bears South 50”05’42” East; thence northerly, northwesterly and westerly 122.99 feet along said curve and southerly line of Lot 5, through a central angle of 140’55’55” to the TRUE POINT OF BEGINNING; thence leaving said southerly line North 22”53’57” West 61.52 feet to the beginning of a tangent curve concave southwesterly having a radius of 43.00 feet; thence northwesterly 46.39 feet along said curve through a central angle of 61”48’25” to the beginning of a compound reverse curve concave easterly having a radius of 178.00 feet, to which beginning of curve a radial bears South 05” 17’48” West; thence northerly 44.16 feet along said curve through a central angle of 14”12’48”; thence South 05’58’54” East 60.48 feet; thence South 04’27’44” East 81.00 feet to the southerly line of Lot 5 of said map; thence along said southerly line South 55’56’ 19” East 11.77 feet to the beginning of a tangent curve concave southwesterly having a radius of 20.00 feet; thence southerly 22.50 feet along said curve, and southerly line of Lot 5, through a central angle of 64”26’37” to a point of cusp with a curve concave southeasterly having a radius of 50.00 k:\sdOOSl\fmfm\cont\rpl81egl feet, and to which point a radial bears North 81”29’43” West; thenqe northeasterly 61.50 feet along said curve through a central angle of 70’28’06” to the TRUE POINT OF BEGINNING, all as shown on the map attached herewith and made a part hereof. Area = 0.106 acres more or less. Prepared By: NOLTE and ASSOCIATES, Inc. p24-$ b au1 G. Robotta Date , ,‘I> _- 1.’ CfTY OF CAfl’SBAD @‘An- 85-3’5 A WV7A PHAS2 / 1/N/7’ 2-I LOT 5 MA? NO. I.2403 SEE SHE!72 foR DETAIL MOST NOR?HERi Y GORIER LOT 4 MAP No. 12409. I BATIQUITOS - 1-j . . INDKATES PORl?ON OF EX/SThVG GENERAL Uli!i/TY AND ACCESS EASEMENT PER DOCWENT NO. ?993- 082352 RECORDED fEBRUAR Y g, 1993 TO BE OUITCLAIMED HEREON 0 A INDICA TES EXlS71Nc GENERAL UTLITY AND ACCESS EASEMERT PER DOCUMENT 1993- 082352 RECORDED FEBRUARY 8, 1993 TO REMAN GRAPH/C SCALE 0’ 200’ 400' 600' 800’ SCALE I”= 200’ EXHIBIT ‘6’ AI, or/or/sp_ ,l cu.: r-:PJO’ 1 L QUITCLAIM II * * INDICATES PORnON OF EXISJNG GENERAL UIZITY AND ACCESS EASEMENT PER DOCUMENT NO I 1 \ 1993-0823.52 RECORDED FEBRUARY g, 1993 TO BE QUI?iC~AIMED HEREON LOT 6 \ \ \ INDICATES EXISIZNG GENERAi U?ilITY AND ACCESS EASEMENT PER DOCUMENT 1993-082352 RECORDED fEi?RUARY g, 1993 TO REMAIN INDICA TES RCCORD INFORMA UON PER MAP 12409 WY OF CAF?L.S8AD . . Y TRACi- &S-35 . . . . . A h!A~A ?%!A22 / !A!/r ‘A’ MAP NC? l2NX’ I ?AhJEL MAP NO! 16451 ?A,?E. 2 DATA TABLE LINE 1 BEARfNG DISTANCE 1 RADIUS 178.00’ 4300’ 50.00’ 20 00’ I 46.39’ 1 1 1 c3 I 7OT8’06” 1 I I c4 ) 642637” ) GRAPHIC SCAL 0' 50' 100' 750' 200’ SCALE I”= 50’ EXHIBIT ‘B’ AWLKANt A MARA RtXWT ASSKIA IES A LM’JiTD PARliVERWfP 7100 BLLX M5ROt’ PLACE CARLS8AO. CALIf&?VlA 92009 AVIAUA 12-J- 99 EM? DAJZ- , NOLTE and ASSOCIATES, Inc. PA3m7*7e Engineers / Planners / Surveyors I QUITCLAIM GENERAL UTILITY 8. ACCESS EASEMENT 5469 Ksamy VIIh Road. Solte 305. Smn Dlsgo. CA 92123 Telsphona:(6l9) 276-9392 Fsx:(619) 278-4628 a- aD00s1 a - . RECORDING REQUESTED BY AND WHEN RECORDED, PLEASE MAIL TO: Av,fara L,and Associates 201rh~Pzhotif 'Airport Road Suire,,206 -; --~ Caflsbadi#,-CA 92009. MAIL TAX STATEMENTS TO: The undersigned grantor(s) declare(s): Documentary transfer tax is $o.oO Space above this line for Recorder’s Use Assessor’s Parcel No. 215-612-01 Project No. & Name 3.7.77 ( 1 computed on full value of property conveyed, or ( 1 computed on full value less value of liens and encumbrances remaining at time of sale. f 1 Unincorporated area: (x) City of Carlsbad, and CORPORATION QUITCLAIM DEED OF EASEMENT (GENERAL UTILITY AND ACCESS EASEMENT) FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, City of Carlsbad, A Municipal Corporation organized under the laws of the State of California does hereby REMISE, RELEASE, AND FOREVER quitclaim to Aviara Resort Associates Limited Partnership, a California Limited Partnership the following described real property in the City of Carlsbad, County of San Diego, State of California: described as (see Exhibits “A” & “B” attached for legal description and plat respectively). DATED 6/14/96 CLAUDE A. LEWIS, Mayor BY KAREN R. KUNDTZ, A stant City Clerk N:\MASTERS\FORMS\CORQUIES.FRM Rev -06/l 9195 EXHIBIT A Legal Description General Utility and Access Easement PR 3.7.77 All that portion of existing general utility and access easement per document filed in the Office of the County Recorder of San Diego County February 8, 1993 as Document No. 1993-082352, lying within Lots 87 and 88 of City of Carlsbad Tract 85-35 Aviara Phase I Unit “B” according to Map thereof No. 12410, filed in the Office of the County Recorder of San Diego County June 29, 1989 as File No. 89-345851, being more particularly described as follows: Commencing at the most westerly corner of Lot 88 of said Map 12410; thence along the westerly line of said Lot 88 North 13”53’16” East (record North 13”53’00” East) 326.67 feet; thence leaving said line North 76’06’44” West 32.78 to the beginning of a non- tangent curve concave northwesterly having a radius of 135.00 feet, and to which beginning of curve a radial bears North 86”48’36” East, said point also being the TRUE POINT OF BEGINNING; thence southerly 127.85 feet along said curve through a central angle of 54”15’40”; thence South 51”04’16” West 10.25 feet to the beginning of a non- tangent curve concave northeasterly having a radius of 13.00, and to which beginning of curve a radial bears South 89”03 ‘04” West; thence southwesterly 8.62 feet along said curve through a central angle of 37”58’48”; thence South 38’55’44” East 10.00 feet to the beginning of a tangent curve concave westerly having a radius of 19.00 feet; thence southerly and southwesterly 29.85 feet along said curve through a central angle of 90”00’00”; thence South 51”04’16” West 24.26 feet to the beginning of a tangent curve concave easterly having a radius of 13.00 feet; thence southwesterly 13.11 feet along said curve through a central angle of 57”47’45”; thence South 38’55’44” East 41.31 feet to the beginning of a tangent curve concave northeasterly having a radius of 6.00 feet; thence southeasterly 4.34 feet along said curve through a central angle of 41’24’35” to the beginning of a reverse curve concave southwesterly having a radius of 14.00 feet; and Page I k:\sd0051\fmfm\conl\vpI5alegl . . II, to which beginning of curve a radial bears North 09’39’41” East; thence southeasterly 6.86 feet along said curve through a central angle of 28’04’33”; thence North Sl”O4’16” East 5.41 feet; thence South 38’55’44” East 17.15 feet; thence South 13’53’16” West 1.38 feet; thence South 51’03’56” West 3.90 feet; thence South 38”56’04” East 11.14 feet to the beginning of a tangent curve concave southwesterly having a radius of 241.00 feet; thence southeasterly 24.50 feet along said curve through a central angle of 05’49’25” to the beginning of a compound curve concave westerly having a radius of 14.00 feet, and to which beginning of curve a radial bears North 56’53’21” East; thence southerly 10.52 feet along said curve through a central angle of 43’03’29” to the beginning of a reverse curve concave easterly having a radius of 6.00 feet and to which beginning of curve a radial bears North 80’03’ 10” West; thence southerly 4.17 feet along said curve through a central angle of 39’49’06” to the beginning of a compound reverse curve concave southwesterly having a radius of 236.00 feet, and to which beginning of curve a radial bears North 60’07’44” East; thence southeasterly 14.84 feet along said curve through a central angle of 03”36’06”; thence South 63”42’25” West 32.03 feet to the beginning of a non-tangent curve concave southwesterly having a radius of 204.00 feet, and to which beginning of curve a radial bears North 63”43’50” East; thence northwesterly 12.82 feet along said curve through a central angle of 03”36’06” to the beginning of a compound curve concave southwesterly having a radius of 6.00 feet, and to which beginning of curve a radial bears North 60’07’44” East; thence northwesterly 4.53 feet along said curve through a central angle of 43’17’20” to the beginning of a compound reverse curve concave northeasterly having a radius of 14.00 feet, and to which beginning of curve a radial bears South 16’50’24” West; thence northwesterly 9.67 feet along said curve through a central angle of 39”35’51” to the beginning of a compound reverse curve concave southwesterly having a radius of 199.00 feet, and to which beginning of curve a radial bears North 56”26’15” East; thence northwesterly 18.64 feet along said curve through a central angle of 05’21’59”; thence North 38’55’44” West 12.86 feet to the beginning of a tangent curve concave easterly having a radius of 14.00 feet; thence northerly 10.12 feet along said curve through a central angle of 41”24’35” to the beginning of a reverse curve concave westerly having a radius of Page 2 k:\sdClO5l\fmfm\cant\vpl5alegl 6.00 feet; and to which beginning of curve a radial bears South 87’3 1’09” East; thence northerly 4.34 feet along said curve through a central angle of 41”24’35”; thence North 38”55’44” West 54.54 feet to the beginning of a non-tangent curve concave southerly having a radius of 13.00 feet, and to which beginning of curve a radial bears North 18 “52’01” East; thence westerly 13.11 feet along said curve through a central angle of 57”47’45”; thence South 51”04’16” West 32.00 feet; thence North 38”55’44” West 2.00 feet to the beginning of a tangent curve concave southerly having a radius of 8.00 feet; thence southwesterly 12.57 feet along said curve through a central angle of 9O”OO’OO”; thence South 51”04’16” West 15.29 feet; thence North 38’55’44” West 115.00 feet to the beginning of a tangent curve concave easterly having a radius of 19.00 feet; thence northeasterly 29.85 feet along said curve through a central angle of 9O”OO’OO” ; thence North 5 l”O4’ 16” East 114.55 feet to the beginning of a tangent curve concave southerly having a radius of 19.00 feet; thence southeasterly 29.85 feet along said curve through a central angle of 9O”OO’OO”; thence South 38’55’44” East 10.00 feet to the beginning of a tangent curve concave northeasterly having a radius of 13 .OO feet, and to which beginning of curve a radial bears South 51’04’ 16” West; thence southeasterly 5.13 feet along said curve through a central angle of 22”37’12”; thence North 51’04’16” East 12.00 feet to the beginning of a tangent curve concave westerly having a radius of 62.00 feet; thence northerly 58.72 feet along said curve through a central angle of 54 O 15 ‘40”; thence North 86’48’36” East 73.00 feet to the TRUE POINT OF BEGINNING, all as shown on the map attached herewith and a part hereof. Area = 0.110 acres more or less. Prepared By: NOLTE and ASSOCIATES, Inc. Page 3 k:\sdOO51\fmfm\cont\vp15alegl LK’IIVI TY MAP NO SCALE INDCA TES EXlSl%rl/G GfNERAL UTILITY AND ACCESS EASEMENT PER DOC 1993-082352, RECORDED FEBRUARY 8s 1993 TO REMAIN INDICA JES EMS flNG WA TER AND INCIDENTAL PURPOSE fASEMENT PER DOC 1992-0243142 RECORDED APRIL 24, 1992. INDICA I-ES EXISTING GENfRAL UT/11 JY AND ACCfSS EASEM-NT PER DOC 1993-082352, RECORDED FEBRUARY s, 1993 TO BE OU KL AIMED HEREON . . . . . . . . . . . . . . I::::::::::::::::::::::::::1 GRAPH/C SCALE 0' 200' 400’ 600’ 800’ SCALE: I”= 200’ EXHIBIT ‘B’ AWLKANt A MARA RfS@?T ASSOCIA IiF.. L 1 PEPA@ 5C . , A LMEI PART?&RWIP 7100 5L IX tKR0V PLACE- L CARLBALI, CALffMh’lA 92tW9 AVIA RA [~[J:,,zJJ~ 4 - ---. -7-3-99 - NV WI -a- - , rr.c.2 /vu cXP. DAK *w 0410.196 .” - L I cue. r--200 7 IL&Q&l L I -II - -- •mr~K-ENG I n NOLTE and ASSOCIATES, Inc. m.xf.rr A** N \SD1!,191\00\CA00 Engineers / Planners /Surveyors Al IITr.1 AIM IT” 0 GENERAL UTILI I T Q “AllD Imu wt. IO..90 RI NONE 5469 Keuny VIIIa Road. SuIta 305. San Dle60. CA 92123 ACCESS EASEMENT DA TA TAB,!/- #!/NE BEARING DISTANCE LI N51V4 ‘r6 “E 1200’ 13 LL , Al Tff ‘55’44”W l”JU rooo’ 17 I ;“4 w”o4’rS’ir Ai& I 1529’ N38 ‘5.5 ‘44 “W 200’ L.5 N51 y74 ‘IS “r 3200’ 24.26’ ts-t- CITY OF 7’flACT A YlmA N51’04 ‘ISuE N51’04 ‘rS”E 10 25’ CA,?. MAD 85-35 CL s.. . PHASE ! .’ r> F f ,$Lrl./:::::::::.:.:. ..,... 1 ()4 ~.‘.‘.-.‘.‘.‘.‘.~.‘.‘G2.‘.‘.‘.‘. &J> $3. ~~~~~~~~~~~~~~~~~~~~. :::::. : 87 .............. . vb”q ............... ............... .............. f% I. ............... .............. 4 - ............. ............. ./L ............ Y ............ , MA? 12410 c7 I 5475’40” I 135.00’ I 12785’ ] 55 I INDICA ?Z-S RECORD INFORMA ?JON PER MAP No. 12410 INDCA ?ES PORnON Of EXISTNG GENERAL UflLTILIl-Y & ACCESS EASEMENT PER DOC NO. 1993-082352, REC FE. s, TO BE OUlTCiAfMED HEREON INDICA TES EXISTING GENERAAL UTIII TY & ACCESS EASEMENT PER DOC 1993-082352, REC FEBRUARY B, 1993 TO REMAIN \ r\ POB / hfosr wxte r CORNER L or \ 88 MAP NO 12410 MARWC SCALE 0’ 20’ 40’ 60’ 90’ SCALE I-= 60’ A LIMLFD PARlh!ERWP 7lLV &M tffRcW PLACE CARL BALI, CALIFLWMA 9zW9 - A MARA RESmpT ASSX’A IVES Yl. w/0./95 1” m I PR3’7m77 -*. ,-:,o I- *mu ~mihu ENO NOLTE and ASSOCIATES, Inc. ‘AVIa N \SlJll54!3 ;\;zi 1 - Engineers / Planners / Surveyors QUITCLAIM -.- __I --- . ..< GENERAL UTILITY 8 .01110 e. NONE 5469 KOWI~ Villa Road. Suits 305. San Dls#o. CA 92123 ACCESS EASEMENT DA TA TAB E \ 0.. * INDICA TES RECORD INFORA’fA I PER MAP No. 12410. / INDKA TES PORnON OF EMS?TNG 0, ,/ F[. * GENERAL U??LITY & ACCESS / EASEMENT PER DOC NO, %’ 1993-082352, REC FEB s, TO BE QUITCL AMED HEREON / G’ I ! I INDICA ?iTS EXkV7NG GENERAL UflLlTY & ACCESS fASEMEN7 PER DOC 1993-082352, REC FEBRUARY s, 1993 TO REMAAIN -L3 TgLj c7’ &T--3$ 4 . . . . . : (-1 ,& . . A& . .\\s I j’& $f?fi-l ,*lg / A LfxwA fQ+imE / ed , = . . . -q;*- 1 &.I/’ . \ . . .!q”r’o; .&., . . .\// d)? / U/Y/T 2' q9/ l 3b @!XjQ hw’ lwjo & $1 c.3 \.,$$$j&;.~ . . ‘.$~ . . 1 .I .c, / rR/ .,?‘AA% . _r,-_cs /@Y+&=- 7” . . n DATA TABLE N6,3’gy * [ CURIf 1 DEL TA 1 RADIUS / af2&qg;ALy., . . . . . . .-$& LENGTH 1 Cl 4124115” 1 6.00’ 1 434’ C.2 282 74’33’ 1 14.00’ 686’ C3 05’49 25” 241.00’ 24.50’ c4 43’0329” 14.00’ 10.52’ c5 39 ‘49 ‘06” 6.00’ 4.17’ C6 03’36 ‘06” 236 00’ 14.84’ r’ #” /I il , - (PI . . . . % . ./’ 0 ()3’$‘t \ & ,~‘p~~4~2 ‘s \z \ \\ c7 03 ‘J6 ‘06 ” 204.00’ ’ a^ mm’ I CB 43377l20” 6.00’ , r.d/rl c9 1729 ‘33” 14.00’ 1 4.27’ Cl0 22’06’18” 1 14.00’ 1 540’ CII 41’24 ‘35” 14.00’ 1 10.12’ C12 0521’59” 19900’ 1 18.64’ GRAPH/C SCALE 0’ IO’ 20’ 30’ 45’ 60’ 90’ 120’ EXHIBIT ‘6’ SCALi? I”= 30’ NOLTE and ASSOCIATES, Inc. PR307*77 Engineers / Planners/Surveyors *1-u “PI6 .Dlll I” NONE 5469 Kernmy VAh Road. SuIta 305. Smn DIego. CA 92123 QUITCLAIM GENERAL UTILITY 8 ACCESS EASEMENT : r4 - RECORDING REQUESTED BY * AND WHEN RECORDED, PLEASE MAIL TO: Aviafa Larid Associates 2$Ii,l'-P'alomai Airport Road Suit& 206 CarTsbad,. CA ‘-92009,.%:, ._ MAIL TAX STATEMENTS TO: The undersigned grantor(s) declare(s): Documentary transfer tax is $o.oO ( 1 computed on full value of property conveyed, or ( 1 computed on full value less value of liens and Space above this line for Recorder’s Use Assessor’s Parcel No. 215-612-01 Project No. & Name 3.7.79 encumbrances remaining at time of sale. ( 1 Unincorporated area: (x) City of Cartsbad, and CORPORATION QUITCLAIM DEED OF EASEMENT (DRAINAGE EASEMENT) FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, City of Carlsbad, A Municipal Corporation organized under the laws of the State of California does hereby REMISE, RELEASE, AND FOREVER quitclaim to Aviara Resort Associates Limited Partnership, a California Limited Partnership the following described real property in the City of Carlsbad, County of San Diego, State of California: described as (see Exhibits “A” & “B” attached for legal description and plat respectively). DATED 6/14/96 CLAUDE A: &JIS, Mayor BY ,’ KAREN R. KUNDTZ&fssistailt City Clerk . EXHIBIT A Legal Description Drainage Easement PR 3.7.79 That portion of Lot 230 of City of Carlsbad Tract 85-35 Aviara Phase I Unit “A” according to Map thereof No. 12412, filed in the Office of the County Recorder of San Diego County June 29, 1989, as File No. 89-346188 along with that portion of Lot 87 of City of Carlsbad Tract 85-35 Aviara Phase I Unit “B” according to Map thereof No. 12410, filed in the Office of the County Recorder of San Diego County June 29, 1989, as File No. 89-345851, being more particularly described as follows: Commencing at the most northerly corner of said Lot 87, also being a point on the southerly right of way of Alga Road (102’ wide); thence South 59’46’31” West (South 59’47’00” West record per said Map No. 12410) 27.85 feet to the TRUE POINT OF BEGINNING; thence South 59”46’31” West 20.03 feet; thence leaving said right of way South 27”13’29” West 86.99 feet to the beginning of a curve concave easterly having a radius of 311 .OO feet; thence southerly 186.21 feet along said curve through a central angle of 34’18’20”; thence South 07”04’51” East 92.27 feet to the beginning of a curve concave westerly having a radius of 89.00 feet; thence southerly 48.15 feet along said curve through a central angle of 31”OO’OO; thence South 23’55’09” West 107.27 feet; thence North 66’04’51” West 20.00 feet; thence North 23’55’09” East 107.27 feet to the beginning of a curve concave westerly having a radius of 69.00 feet; thence northerly 37.33 feet along said curve through a central angle of 31”00’00”; thence North 07’04’51” West 92.27 feet to the beginning of a curve concave easterly having a radius of 331 .OO feet; thence northerly 198.18 feet along said curve through a central angle of 34’18’20”; thence North 27”13’29” East 88.04 feet to the TRUE POINT OF BEGINNING. Area = 0.240 acres more or less. Prepared By : NOLTE and ASSOCIATES, Inc. Date c$Q lAND so c$Q lAND so 8 p Ro*o~~~ 8 p Ro*o~~~ -Qa -Qa - s - s A0 A0 9s 9s 0 0 * * No. 5334 No. 5334 hp. 12/31/99 * hp. 12/31/99 * %lF~~~F %lF~~~F T- T- c+f+ c+f+ PR 3.7.79 Page 1 K:\sd005l\fmTm\con~\drainagc . 0 A EXlSL44G GFNERAAL dliii/T,: ACCESS AND WAliT? EASFMMJ AS DEDKA 7E.D OM MAP ?HE7?ECF No. 12410 GRAPMC SCALE SCALE: I-= ZOO’ lum!ivYMAp NO SGlLE I.DlCA TZ-S EXfSING DRAINAGE EASEMENT TO 0’ UUITCLAIM~LI AS DfDCA Ii!-- PER DOCUMENT MO 89-345765 UECORLIE- JUM- 29 1989 00 BLUE HERO4 PiAff NOLTE and ASSOCIATES, Inc. ‘*- Engineers / Planners / Surveyors .wlau ant W.Q m. -pL DRAINAGE EASEMENT > T L- c/TY QF aL3GmD ThyjCT' as-35 A y//j,rij p$$ysg I INDICA ES EXISIZNG DRAINAGE EASEMENT TO BE OU~~~CLAI’M..D AS DEDICA IiFD PER MY/l- 9’ DOCUMENT NO. 89-345765 RECORDED JUNE 29, 1989. MAP /Yo. am EMS?iNG GENERAi Ul7ilT,: ACCESS AND WA JZR EASEMENT AS DEDKA IFD ON MAP MEREOF NO 12410 GRAPHIC SCALE 0' 50’ 100’ 150’ 200’ SCALE.- I”= 100’ ur.: au- rr.- C*t.ar Ic- lrmr -stlrrcI - Ana - + RECORDING REQUESTED BY -AND WHEN RECORDED, PLEASE MAIL TO: 'Ayiarg Land Associates 2qll Pz@omar Airport Road Suite 266 * 11 Carasbad, CA' -'92009' *.,,, MAIL TAX STATEMENTS TO: The undersigned grantor(s) declare(s): Documentary transfer tax is $o.oO ( 1 computed on full value of property conveyed, or ( 1 computed on full value less value of liens and Space above this line for Recorder’s Use Assessor’s Parcel No. 2 15-6 12-02 Project No. & Name 3.7.80 encumbrances remaining at time of sale. ( I Unincorporated area: (x) City of Carlsbad, and CORPORATION QUITCLAIM DEED OF EASEMENT (OPEN SPACE EASEMENT) FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, City of Carlsbad, A Municipal Corporation organized under the laws of the State of California does hereby REMISE, RELEASE, AND FOREVER quitclaim to Aviara Resort Associates Limited Partnership, a California Limited Partnership the following described real property in the City of Carlsbad, County of San Diego, State of California: described as (see Exhibits “A” & “B” attached for legal description and plat respectively). DATED 6/14/96 CLAUDE A. LEWIS, Mayor BY , ,j KAREN R. KUNDTZ, st.ant City Clerk h EXHIBIT A Legal Description Open Space - Parcel A PR 3.7.80 That portion of Lots 88 and 89, City of Carlsbad, Tract 85-35, Aviara Phase I, Unit A, according to Map thereof No. 12410, filed in the Office of the County Recorder of San Diego County June 29, 1989, as File No. 89-345851, being more particularly described as follows: Commencing at the most northerly corner of said Lot 88; thence South 49’16’27” West 122.73 feet to the TRUE POINT OF BEGINNING; thence South 03” 11’24” East 22.64 feet; thence North 46’09’44” West 18.04 feet; thence North 49”16’27” East 15.50 feet to the TRUE POINT OF BEGINNING. Area = 0.003 acres more or less. Prepared By: NOLTE and ASSOCIATES, Inc. Page I PR 3.7.80 K:bdOO51\fmfm\cont\open-a .- EXHIBIT A Legal Description Open Space - Parcel B PR 3.7.80 That portion of Lots 88 and 89, City of Carlsbad, Tract 85-35, Aviara Phase I, Unit A, according to Map thereof No. 12410, filed in the Office of the County Recorder of San Diego County June 29, 1989, as File No. 89-345851, being more particularly described as follows: Commencing at the most northerly comer of said Lot 88; thence South 49’16’27” West 138.23 feet; thence South 46”09’44” East 76.00 feet; thence South 13”53’16” West 262.00 feet to the TRUE POINT OF BEGINNING, also being the point of a curve concave northeasterly having a radius of 84.00 feet and to which point a radial bears South 74”20’41” West; thence southerly 15.56 feet along said curve through a central angle of lO”36’51”; thence South 26”16’10” East 153.53 feet; thence North 56”54’06” West 114.25 feet; thence North 13’53’16” East 92.50 feet the TRUE POINT OF BEGINNING. Area = 0.112 acres more or less. Prepared By: NOLTE and ASSOCIATES, Inc. Paul G. Page 1 PR 3.7.80 K:\sdOO5l\fmfm\cont\opcn-b EXHIBIT A Legal Description Open Space - Parcel C PR 3.7.80 That portion of Lots 88 and 89, City of Carlsbad, Tract 85-35, Aviara Phase I, Unit A, according to Map thereof No. 12410, filed in the Office of the County Recorder of San Diego County June 29, 1989, as File No. 89-345851, being more particularly described as follows: Commencing at the most northerly comer of said Lot 88; thence South 49”16’27” West 138.23 feet; thence South 46’09’44” East 76.00 feet; thence South 13”53’16” West 354.50 feet; thence South 56’54’06” East 114.25 feet to the TRUE POINT OF BEGINNING; thence South 56”54’06” East 98.25 feet; thence South 68”20’43” West 50.85 feet to a point on a curve concave southwesterly having a radius of 191 .OO feet and to which point a radial bears North 68”20’43” East; thence northwesterly 15.38 feet along said curve through a central angle of 04’36’53”; thence North 26’16’10” West 65.08 to the TRUE POINT OF BEGINNING. Area = 0.046 acres more or less. Prepared By: NOLTE and ASSOCIATES. Inc. Paul G. Robotta L.S. 5334 -Date Page I PR 3.7.80 K:\sdOO51\fmfm\cont\openc MOST NOR7h’ERL Y CORNER W LOT 88 MAP 12410. SCALE- I” = 20’ I i. \ I?:. \ L . . . . \, \ \; '..... \ 6* A. . + \. 39. *+J. \ \ 49+ & \ >i SEE DETAIL tX!APH/C SCALE 0’ 700’ 200’ INDCA KS PEN SPAC’ 1.1 88 ACCORlliNG TO MAP ?HEREOF NO. 12410 TO OUITC’ AMED HEREON . . . . . . N...... PARCZL ‘B’ __ DETAIL ‘6’ SCALE I” = 60’ SCALE: I”= 100’ A MARA RC%XT ASSfXYA iE.5 A LlMf?ED f’AUlNERSHf.. 71&l BLUE HERLW PLACE CAkPXAD, CXUfLY?tUfA 92009 EXHIBIT DLIC. owlwss Iat.- NOLTE and ASSOCIATES, Inc. rK 3.7.80 )uLerlup*.*- YMI-er-:- .A,* e Engineers / Planners / Surveyors QUITCLAIM 1114u(bu~ \mmm n*- u 5469 Ksamy Vllls Road. Sub 305. San Dlego. CA 92123 OPEN SPACE - LOT 88 DC-“- --a uol- DES- . hs ; * -7 \ )\ -4 \ _ _ _ _ _ _ U!I B c OF c \ x \\- pLBBpu c?ow ht. \ h 12410 ’ W’. I WCiNl TY MAP -,-*. . . . . .-.. NO SCALE uw A MA? L?&‘L? -1 INDKA JL.5 OPEN SPACE - LOJ 88 ACCORD/NC JO MAP ?MREOf No. 12410 JO BE QUJCiAL4f&9 HtYREOA! MAPWC SCALE PAME.. 2 500’ 1000’ 1500’ 2000’ /-- SCALE I-= 500’ ire. Ol,W” me:- aL*LI-LT. Is? *oy mva11-M1- - I*- mm-m *ul: “P11 0I.Q SIC*: MtxE OPEN SPACE - LOT 88 June 28, 1996 Aviara Land Associates 20 11 Palomar Airport Road, Suite 206 Carlsbad, CA 92009 Re: Quitclaim Deeds of General Utility and Access Easements Aviara Planning Area 2A - Four Seasons Resort at Aviara The Carlsbad City Council, at its meeting of June 18, 1996, approved the Quitclaim Deeds of General Utility and Access Easements, Drainage Easements and a portion of an Open Space Easement. Enclosed are the original deeds for your office to record with the San Diego County Recorder. Assistant City CEk KRK:ijp Enclosures (6 > 1200 Carlsbad Village Drive - Carlsbad, California 92008-l 989 - (619) 434-2808 69