HomeMy WebLinkAbout1997-01-28; City Council; 14021; Condemnation of Property for Aviara ParkwayL 1
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TITLE: DEPT. HD.
CrPIMGR.
cm Am. AUTHORIZING AND DIRECTING THE
CONDEMNATION Of PROPERTY IN THE CITY OF CARLSBAD
(AVARA PARKWAY SOUTH OF PALOMAR AIRPORT ROAD)
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RECOMMENDED ACTION:
Adopt Resolution No. 93-40 authorizing and directing the condemnation of road easements for
Aviara Parkway south of Palomar Airport Road.
ITEM EXPLANATION:
As a condition of tentative map CT 84-32(A), the developer is required to improve a portion of Aviara
Parkway south of Palomar Airport Road which is off-site to the project to provide adequate access to
the project.
The Owners of the off-site property, Messrs. Richard C. Kelly and Robert Patrick Kelly and James S.
Ukegawa were presented just compensation offers by the developer and rejected them. A final offer
based upon an independent appraisal of the property was mailed to the owners on October 7,1996.
This offer was presented by the firm of Asaro, Keagy, Freeland and McKinley on behalf of the City.
These offers were rejected.
In accordance with State law, the City has given proper notice of this public hearing to the owners of
the subject property. The City is not required by law to consider the request of any person to be
heard who did not submit a written request on or before January 25, 1997, nor the request of any
person not an Owner of interest in the property being condemned. Adoption of the Resolution of
Necessity to Condemn requires a two-thirds (U3) vote of the City Council and conclusively
establishes the findings contained therein (they cannot be contested in the court proceeding).
In Resolution No. 93-206 approving tentative map CT 84-32(A), the City Council acknowledged that
additional road easements and roads were required for the development Cobblestone Sea Village.
FISCAL IMPACT:
The full purchase price of the right-of-way, as well as all legal and court costs, will be paid by the developer, Greystone Homes, Inc.
EXHIBITS:
1.
2.
3.
4.
5.
6.
Location map.
Offer of Just Compensation sent to Richard C. Kelly and Robert Patrick Kelly dated
October 7, 1996 with summary appraisal and drawing of right-of-way attached.
Offer of Just Compensation sent to James S. Ukegawa dated October 7, 1996 with summary
appraisal and drawing of right-of-way.
Notice of Public Hearing to Adopt a Resolution of Necessity. (Kelly)
Notice of Public Hearing to Adopt a Resolution of Necessity. (Ukegawa)
Resolution No. 93- YO authorizing and directing the condemnation of certain real
property interests in the City of Carlsbad, State of California, and declaring the public
necessity therefor.
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PROJECT NAME COBBLESTONE SEA VILLAGE
- Exhibit 1
EXH l BIT I
LOCATION AP
KELLY
CITY OF OCEANSIOE
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EXHIBIT 2
ASARO, KEAGY. FREELAND
ATTORNEYS AT LAW
FRANK L. ASARO FOURTH FLOOR
ROSCOE D. KEAGY
RICHARD R. FRECLANO
STEVEN A. MCKINLEY
TIMOTHY M. 9ARRY
3170 FOURTH AVENUE
SAN DIEGO. CALIFORNIA 92103
TELEPHONE (6191 297-3170
FACSIMILE me) 2s+ese
& MCKINLEY
October 7, 1996
Messrs. Richard C. Kelly and
Robert Patrick Kelly,
Trustees under Declaration of
Trust dated November 25, 1985
P. 0. Box 175
2770 Sunny Creek Road
Carlsbad, CA 92008
RE: Alga Road Project
APN 21 2-040-35, 21 2,040-48, 21 2-040-49
Dear Messrs. Kelly:
Our firm represents the City of Carlsbad regarding the acquisition of property from
you for the construction of Alga Road southerly from Palomar Airport Road. The
property sought to be acquired is depicted on the plat attached hereto as Exhibit A.
The purpose of this letter is to present a written offer from the City of Carlsbad
to purchase interests in 2.48 acres of your property, subject to the approval of the City
Counsel of the City of Carlsbad.
The purchase price offered is $8,900.00 which is based upon an independent
appraisal of the property made by a qualified appraiser in San Diego County.
The appraisal was based upon the fair market value of the property for its highest
and best use. Attached hereto is an Appraisal Summary Statement setting forth the
rights to be acquired and the value thereof as determined by the appraiser.
Messrs. Richard C. Kelly and
Robert Patrick Kelly, Trustees
Page 2
In addition to approval of the City Council of the City of Carlsbad, the proposed
acquisition would also be subject to obtaining title free and clear of all liens and
encumbrances. If this offer is acceptable to you, please communicate with our office and
we will make arrangements to open an escrow with First American Title Insurance
Company to handle this transaction.
The City of Carlsbad has made every effort to establish a fair price for the
required property and property interests. The appraiser‘s figures are the appraiser’s
opinion of fair market value which was determined after a personal inspection of your
property. The appraisal takes into consideration the location of your property, its highest
and best use, considering required dedications and improvements, and other indicators
of value.
We would appreciate it if you would review the enclosed information and Offer to
Purchase, and communicate with our office no later than 10 days from today’s date.
Should you require additional time in which to consider our offer, or if you desire to
schedule a meeting to discuss this matter, please contact our office.
Thank you for your cooperation.
Very truly yours,
ASARO, KEAGY, FREELAND & MCKINLEY n
RICHARD R. FREELAND
RDK:crw
Enclosure
cc: Ron Ball
Richard Allen
Mindy Jacobs
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APPRAISAL SUMMARY STATEMENT
OWNER: Messrs. Richard C. Kelly and
Robert Patrick Kelly, Trustees
2770 Sunny Creek Road
Carlsbad. CA 92008
PROJECT: Carlsbad Tract 84-32; Alga Road right of way and slope and drainage easements
PROPERTY LOCATION: South of Palomar Airport Road, Carlsbad, San Diego County, CA
MAP PAGE: 1127 A3
ASSESSOR PARCEL #: 212-040-35, 48,49
SITE DATA:
Dimensions: Irregular
Area:
Zone:
10.53, 8.80 AND 13.84 acres: Total 33.17
PM-Q; general plan is PI
IMPROVEMENTS: None
PRESENT USE: Vacant land
HIGHEST AND BEST USE: Industrial/commercial with interim agricultural use
AREA TO BE ACQUIRED: 4.31 acres at $5,00O/acre $6,550 Right of Way: Easement Areas: 0.47 acres slope area at $5,00O/acre 2,350
0.27 acres drainage area at nominal
0.43 acres temporary construction
nominal
43 area at $5,00O/acre x 10% x 2 years
SUMMARY OF VALUE CONCLUSIONS:
Estimated Value of Larger Parcel
Value of the Portion Sought
Remainder as Part of Larger Parcel
Remainder as Separate Parcel:
Severance Damage:
Special Benefits
Rounded
$8,943
$8,900
$885, I00
8,900
886,100
886,100
None
None
Estimate of Compensable Loss: $ 8,900
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I EXHIBIT 3
ASARO, KEAGY, FREELAND & MCKINLEY
ATTORNEYS AT LAW
FRANK L. ASARO FOURTH FLOOR
ROSCOE D KEAGY
RICHARD R. FREELANO
STEVEN A. MCKINLEY
TIMOTHY M. BARRY
3170 FOURTH AVENUE
SAN DIEGO. CALIFORNIA 92103
TELEPHONE (819) 897-3170
FACSIMILE (em aos-esa
October 7, 1996
Mr. James S. Ukegawa
4218 Skyline Road
Carlsbad, CA 92008
RE: Alga Road Project
APN 212-040-39
Dear Mr. Ukegawa:
Our firm represents the City of Carlsbad regarding the acquisition of property from
you for the construction of Alga Road southerly from Palomar Airport Road. The
property sought to be acquired is depicted on the plat attached hereto as Exhibit A.
The purpose of this letter is to present a written offer from the City of Carlsbad
to purchase interests in 1.95 acres of your property, subject to the approval of the City
Counsel of the City of Carlsbad.
The purchase price offered is $58,500.00 which is based upon an independent
appraisal of the property made by a qualified appraiser in San Diego County.
The appraisal was based upon the fair market value of the property for its highest
and best use. Attached hereto is an Appraisal Summary Statement setting forth the
rights to be acquired and the value thereof as determined by the appraiser.
7
Mr. James S. Ukegawa
Page 2
In addition to approval of the City Council of the City of Carlsbad, the proposed
acquisition would also be subject to obtaining title free and clear of all liens and
encumbrances. If this offer is acceptable to you, please communicate with our office and
we will make arrangements to open an escrow with First American Title Insurance
Company to handle this transaction.
The City of Carlsbad has made every effort to establish a fair price for the
required property and property interests. The appraiser’s figures are the appraiser’s
opinion of fair market value which was determined after a personal inspection of your
property. The appraisal takes into consideration the location of your property, its highest
and best use, considering required dedications and improvements, and other indicators
of value.
We would appreciate it if you would review the enclosed information and Offer to
Purchase, and communicate with our office no later than 10 days from today’s date.
Should you require additional time in which to consider our offer, or if you desire to
schedule a meeting to discuss this matter, please contact our office.
Thank you for your cooperation.
Very truly yours,
ASARO, KEAGY, FREELAND WINLEY
\ RICHARD R. FREELAND
RDK:cw
Enclosure
cc: Ron Ball
Richard Allen
Mindy Jacobs
RSO: UKEGAWA.OFF
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APPRAISAL SUMMARY STATEMENT
OWNER: Mr. James S. Ukegawa
4218 Skyline Road, Carlsbad, CA 92008
PROJECT: Carlsbad Tract 84-32; Alga Road right of way slope easements
PROPERTY LOCATION: South of Palomar Airport Road west of Laurel Tree
Carlsbad, San Diego County, CA
MAP PAGE: 1127 A3
ASSESSOR PARCEL # 212-040-39
SITE DATA:
Dimensions: Irregular
Area: 1 0.33 acres
Zone: E-A; general plan is U-A
IMPROVEMENTS: Packing Shed
PRESENT USE: Agricultural
HIGHEST AND BEST USE: IndustriaVcommercial with interim agricultural use
AREA TO BE ACQUIRED:
Right of Way:
Easement Areas:
0.82 acres gross - 0,75 acres net at $4O,OOO/acre
0.82 acres slope area at $40,00O/acre x 75%
0.49 acres temporary construction at $40,000
$30,000
24,600
3,920 x 10% x 2 years
$58,520
Rounded $58,500
SUMMARY OF VALUE CONCLUSIONS:
Estimated Value of Larger Parcel
Value of the Portion Sought
Remainder as Part of Larger Parcel
Remainder as Separate Parcel:
Severance Damage:
Special Benefits:
$41 3,200 (Land Only)
58,500
354,700 (Land Only)
354,700 (Land Only)
None
None
Estimate of Compensable Loss: $ 58,500-
EXHIBIT 4 - -.
CRANK L. ASARO
ROSCOC 0. KLAOY
RICHARD R. CRCLLANO
STCVCN A. MCKINLCY.
*ALSO ADMIRE0 IN NLVAOA
ASARO, KEAGY, FREELAND SI MCKINLEY
ATTORNEYS AT LAW
COURTH CLOOCI
3170 COURTU AVLNUC
SAN OlLO0. CAUCORNIA 92103
RECEIVED
TCLLPUONC (619) Z9-3170
CACSIWILC 1610) -6. JAN 1 4 1997
ENGINEERING
DEPARTMENT
NOTICE OF PUBLIC HEARING TO ADOPT A RESOLUTION OF NECESSITY
January 10, 1997
Messrs. Richard C. Kelly and
Robert Patrick Kelly, Trustees under Declaration of Trust dated November 25, 1985 P. 0. Box 175 Carlsbad, CA 92008
RE: Alga Road Project - South of Palomar Airport Road
Dear Messrs. Kelly:
We have apparently reached an impasse in the negotiations relative to the acquisition of your property for the above-entitled project. It is necessary to resolve this matter as quickly as possible in a manner which is fair and equitable to both parties. The Superior Court of the County of San Diego provides an impartial
agency to hear both sides of a controversy and to render decisions
to resolve our differences which, in this case, involves an opinion of value. The procedure is called a llcondemnationll or "the right
of eminent domain." It is the recommendation of our firm that condemnation proceedings be instituted to settle our controversy.
The City of Carlsbad will hold a public hearing on January 28,
1997, at 6:OO p.m. or as soon thereafter as the matter may be heard
at the City Counsel Chambers located at 1200 Carlsbad Village
Drive, Carlsbad, California. It is the intent of the City of
Carlsbad to consider at that time the adoption of a Resolution
. .- . .. ..
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Messrs. Richard C. Kelly and
Robert Patrick Kelly Page 2
of Necessity to authorize the condemnation of your property for the
Alga Road Project.
Pursuant to California Code of Civil Procedure Section
1245.235, each person whose property interests are to be acquired by eminent domain has the right to appear and be heard at the hearing. The City of Carlsbad will determine whether (a) the public interest and necessity require the project; (b) the project is planned or located in the manner that will be the most compatible with the greatest public good and the least private
injury; and (c) the property sought to be acquired is necessary for
the project.
If you wish to speak either for or against the issues which are outlined above, you must file a written request within fifteen
(15) days from the date of this letter. Failure to file a written request to appear and be heard in the office of the City Clerk of the City of Carlsbad within fifteen (IS) days after the date this Notice is mailed will result in waiver of the right to appear and
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: Alga Road Project - South of Palomar Airport Road January 28, 1997 Hearing Date
Please feel free to call us should you have any questions.
Very truiy yours,
ASARO, KEAGY, FREELAND & MCKINLEY n
RRF : CLW cc: Ronald Ball
City Clerk
Frank Jimeno Lloyd Hubbs
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EXHIBIT 5
CRANK L. ASARO
ROSCOC 0. KCAOY
RICHARD R. CRCCUND
STCVCN A. MCKINLLY.
*ALSO AOYIWCO IU NCVAOA
ASARO, KEAGY. FREELANO & MCKINLEY
AlTOANhYS AT LAW
COURTH FLOOR
3170 COURTH AVCNUC
SIN OICGO. CAUCORNIA 921-
TLLCCWONC iamt 297-3170
CACSlMlLC 16191 -6a
NOTICE OF PUBLIC HEARING TO ADOPT A RESOLUTION OF NECESSITY
January 10, 1997
Mr. James S. Ukegawa
4218 Skyline Road Carlsbad, CA 92008
RE: Alga Road Project - South of Palomar Airport Road
Dear Mr. Ukegawa:
We have apparently reached an impasse in the negotiations relative to the acquisition of your property for the above-entitled project. It is necessary to resolve this matter as quickly as possible in a manner which is fair and equitable to both parties.
The Superior Court of the County of San Diego provides an impartial agency to hear both sides of a controversy and to render decisions to resolve our differences which, in this case, involves an opinion of value. The procedure is called a llcondemnation" or "the right of eminent domain.It It is the recommendation of our firm that condemnation proceedings be instituted to settle our controversy.
The City df Carlsbad will hold a public hearing on January 28,
1997, at 6:OO p.m. or as soon thereafter as the matter may be heard
at the City Counsel Chambers located at 1200 Carlsbad Village
Drive, Carlsbad, California. It is the intent of the City of Carlsbad to consider at that time the adoption of a Resolution
..-._ .. - ._-. ---
Mr. James S. Ukegawa Page 2
of Necessity to authorize the condemnation of your property for the Alga Road Project.
Pursuant to California Code of Civil Procedure Section
1245.235, each person whose property interests are to be acquired by eminent domain has the right to appear and be heard at the
hearing. The City of Carlsbad will determine whether (a) the public interest and necessity require the project; (b) the project is planned or located in the manner that will be the most compatible with the greatest public good and the least private injury; and (c) the property sought to be acquired is necessary for the project.
If you wish to speak either for or against the issues which are outlined above, you must file a written request within fifteen
(15) days from the date of this letter. Failure to file a written request to appear and be heard in the office of the City Clerk of the City of Carlsbad within fifteen (15) days after the date this Notice is mailed will result in waiver of the right to appear and
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: Alga Road Project - South of Palomar Airport Road January 28, 1997 Hearing Date
Please feel free to call us should you have any questions.
Very truly yours,
ASARO, KEAGY, FREELAND flCKINLEY
RICHARD R. FREELAND 1
RRF:crW
cc: Ronald Ball City Clerk Frank Jimeno Lloyd Hubbs
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RESOLUTION NO. 9 7 - 4 0
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AUTHORIZING AND DIRECTING THE
CONDEMNATION OF CERTAIN REAL PROPERTY INTERESTS
IN THE CITY OF CARLSBAD, STATE OF CALIFORNIA, AND
DECLARING THE PUBLIC NECESSITY THEREOF.
WHEREAS, the City Council of the City of Carlsbad, County of San Diego, State of
California previously adopted Resolution No. 93-206 approving with conditions tentative map CT
84-32(A), and requiring the developer to provide off-site road easements and construct off-site
roads within said easements in conjunction with the development of its property known and
designated as Cobblestone Sea Village; and
WHEREAS, the City of Carlsbad may exercise the right of eminent domain for the
acquisition of real property or interests therein for street and other purposes pursuant to
California Government Code Sections 37350 and 37350.5; and 37353; and
WHEREAS, the real property or interest therein sought to be acquired for the proposed
project are located within the temtorial limits of the City of Carlsbad; and
WHEREAS, the real property or interests therein sought to be acquired are necessary for
the proposed project; and
WHEREAS, the plans for the project in the City of Carlsbad are on file with the City
Engineer of the City of Carlsbad, California; and
WHEREAS, the City of Carlsbad has established the amounts which it believes to be the
just compensation for the hereinafter described real property or interests therein sought to be
acquired; and
WHEREAS, pursuant to Government Code Section 7267.2, the City of Carlsbad has
offered to the owners of said real property or interests therein, the full amount established as just
compensation for said real property sought to be acquired; and
WHEREAS, the City of Carlsbad, California, has provided said owners of said real
property or interests therein a written statement and summary of the basis for the amount
established as just compensation for the real property or interests sought to be acquired; and
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WHEREAS, a reasonable length of time has expired since the date of the offer to the
Owners of the real property or interests therein sought to be acquired, and the Owners have failed
to favorably respond to the offers of the amounts established by the City of Carlsbad as just
compensation; and
WHEREAS, on July 20, 1993, the City Council of the City of Carlsbad, pursuant to the
provisions of the California Government Code, Section 65402, found that the proposed location,
purpose, and extent of the project is consistent with the City of Carlsbad General Plan; and
WHEREAS, on June 4, 1984, pursuant to California Public Resources Code Section
21000 and following, the City Council of the City of Carlsbad, California, certified an
environmental impact report for the project; and
WHEREAS, pursuant to the provisions of California Code of Civil Procedure, Section
1245.235, the owners of the real property of the interest therein sought to be acquired whose
names and addresses appear on the current equalized County Assessment Roll, have been sent
a Notice of Intention to Adopt a Condemnation Resolution, and have been provided with an
opportunity to appear and be heard on the matters referred to in California Code of Civil
Procedure, Section 1240.030.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, which finds, determines, and hereby deciares:
The public interest and necessity require the proposed project.
The proposed project is planned and located in a manner which will be most compatible
with the greatest public good and the least private injury.
The real property or interests therein, hereinafter described in this Resolution, are
necessary for the proposed project.
The proposed project is a matter of public necessity.
The use of all and each and every part of said hereinafter described real property or
interests therein for the use and purposes of the proposed project is a public use and a use
authorized by law.
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The public interest and necessity require that the real property or interests therein,
hereinafter described in this Resolution, be taken.
BE IT FURTHER RESOLVED by this City of Carlsbad that the law firm of Asaro, Keagy
Freeland and McKinley, hereinafter referred to as "Special Counsel" be and is, authorized,
empowered, and directed, in the name of the City of Carlsbad, to acquire by donation, purchase,
or condemnation, in accordance with the provisions of the Code of Civil Procedure of the State of
California relating to eminent domain, the hereinafter described interest in real property;
To prepare and prosecute in the name of the City of Carlsbad such suit or suits in the
proper court having jurisdiction thereof as are necessary to condemn, take, and acquire said
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 of money to be
deposited as security for the payment of the just compensation which will be made for the taking
of the real property or any part thereof, or interests therein necessary for the proposed project
and any damage incident thereto, and to make application to said court for an order permitting
the City of Carlsbad to take immediate possession of and to use said real property and part
thereof, or interest therein, sought to be condemned for the proposed project;
The real property referred to in this Resolution is situated in the City of Carlsbad, County
of San Diego, State of California, and is more particularly described in the parcel descriptions
attached hereto and marked "A".
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
held on the 28th day of January , 1997 by the following vote, to wit:
AYES:
NOES: None
ABSENT None
Council Members Lewis, Finnila, Nygaard, Kulchin and Hall
ATTEST n n
(lh&# idA-
ALETHA L. RAUTENKRANZ, City Clerk
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EXHIBIT “A”
Parcel descriptions of the real property or interests therein being taken by this resolution.
Sheets 1 & 2
Sheet 3
Sheets 4 & 5
Sheet 6
Sheets 7 to 14
Legal description for Aviara Parkway Right-of-way take in APN 212-040-49.
Plat illustrating the Aviara Parkway Right-of-way take in APN 212-040-49.
Legal description for Drainage Easement in APN 212-040-49.
Plat illustrating the Drainage Easement in APN 212-040-49.
Legal descriptions for the following parcels in APN 212-040-49:
Parcels 1 thru 4
Parcels 5 thru 7
Parcels 8 & 9
Slope Easement.
Temporary Construction Easements to expire on February 1, 1998 or at the
end on construction, whichever comes first.
Drainage Easements.
Plat illustrating the Slope Easements, Temporary Construction Easements,
and Drainage Easements described in Parcels 1 thru 9 in APN 212-040-49.
Legal description for Aviara Parkway Right-of-way take in APN 212-040-39.
Plat illustrating the Aviara Parkway Right-of-Way take in APN 212-04G39.
Legal description for Drainage Easement in APN 212-040-39.
Plat illustrating the Drainage Easement in APN 212-040-39.
Legal descriptions for‘the following parcels in APN 212-040.39:
Slow Easement.
Sheet 15
Sheets 16 & 17
Sheet 18
Sheets 19 & 20
Sheet 21
Sheets 22 thru 25
Parcels 1 & 2
Parcels 3 & 4 Construction Easements to expire February 1, 1998 or at the end
EXHIBIT
LEGAL DESCRIPTION
PR 3.4.256
AVIARA PARKWAY
BEING A PORTION OF PARCELS 1 AND 2 OF CERTIFICATE OF COMPLIANCE
RECORDED SEPTEMBER 27, 1985 AS FILE NO. 85-359768 OF OFFICIAL RECORDS OF
SAN DIEGO COUNTY, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, BEING MORE PARTICUIARL‘i. DESCRIBED AS FOLLOWS:
BEGINNING AT AN ANGLE POINT IN THE SOUTHERLY BOUNDARY LINE OF PARCEL 1
OF SAID CERTIFICATE OF COMPLIANCE RECORDED SEPTEMBER 27, 1985 AS FILE NO.
85-359768 OF OFFICIAL RECORDS, SAID POINT BEING THE EASTERLY TERMINUS OF
THAT COURSE SHOWN AND DESCRIBED IN SAID CERTIFICATE OF COMPLIANCE AS
NORTH 83’42’01” WEST, 254.06 FEET; THENCE RETRACING ALONG SAID SOUTHERLY
BOUNDARY LINE, NORTH 83’41’35” WEST (RECORD= NORTH 83’42’01“ WEST), 61.33
FEET TO THE BEGINNING OF A NON-TANGENT 1462.00 FOOT RADIUS CURVE
CONCAVE EASTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 86’35’33” WEST;
THENCE LEAVING SAID SOUTHERLY BOUNDARY LINE, NORTHERLY ALONG THE ARC
OF SAID CURVE THROUGH A CENTRAL ANGLE OF 07’40’49” A DISTANCE OF 195.98
FEET; THENCE NORTH 11”05’16” EAST, 304.06 FEET TO THE BEGINNING OF A
TANGENT 25.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE
NORTHERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 95’04’30’’ A DISTANCE OF 41.48 FEET TO A POINT OF CUSP WITH
A 2175.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY A RADIAL LINE TO SAID POINT
BEARS NORTH 06’00’46” EAST, SAID POINT BEING ON THE SOUTHERLY RIGHT-OF-
WAY LINE OF PALOMAR AIRPORT ROAD AS DESCRIBED IN DEEDS RECORDED
AUGUST 25, 1988 FILE NO. 88-426571 AND 88-426572 OF OFFICIAL RECORDS; THENCE
EASTERLY ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE AND THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 00’17’39” A DISTANCE OF 11.17 FEET TO THE
BEGINNING OF A COMPOUND 25.00 FOOT RADIUS CURVE CONCAVE
SOUTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 06’18’25’’ EAST;
THENCE EASTERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 94’46’51” A DISTANCE OF 41.36 FEET; THENCE
PAGE 1 OF2
:DA M:\LEGALS\1758\002AO4DOC
WO 1758-2 12/2/96
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CONTINUING ALONG SAID SOUTHERLY RIGHT-OF-WAY THE FOLLOWING: SOUTH
1 1’05’16” WEST, 10.00 FEET; THENCE SOUTH 78’54’44” EAST, 102.00 FEET; THENCE
NORTH 11’05’16” EAST, 30.56 FEET TO THE BEGINNING OF A TANGENT 25.00 FOOT
RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE NORTHERLY AND
NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
87”19’53” A DISTANCE OF 38.11 FEET; THENCE SOUTH 81”34’51” EAST, 9.01 FEET TO A
POINT OF CUSP WITH A 25.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY A
RADIAL LINE TO SAID POINT BEARS NORTH 08”25’09” EAST; THENCE LEAVING SAID
SOUTHERLY RIGHT-OF-WAY LINE WESTERLY, AND SOUTHWESTERLY ALONG THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 87’19’53” A DISTANCE OF 38.1 1
FEET; THENCE SOUTH ll”O5’16” WEST, 150.40 FEET TO THE BEGINNING OF A
TANGENT 45.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE
SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
29’22’30” A DISTANCE OF 23.07 FEET TO THE BEGINNING OF A REVERSE 25.00 FOOT
RADIUS CURVE CONCAVE SOUTHEASTERLY A RADIAL LINE TO SAID POINT BEARS
NORTH 49’32’14” WEST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 29”22’30” A DISTANCE OF 12.82 FEET; THENCE
SOUTH 11 “05’16” WEST, 181.26 FEET TO THE BEGINNING OF A TANGENT 1349.00 FOOT
RADIUS CURVE CONCAVE EASTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 06”18’04” A DISTANCE OF 148.36 FEET TO A
POINT ON THE SOUTHERLY BOUNDARY LINE OF SAID PARCEL 1; THENCE ALONG SAID
SOUTHERLY BOUNDARY LINE, NORTH 81”37’18” WEST (RECORD= NORTH 81 “37’46”
WEST), 46.97 FEET TO THE POINT OF BEGINNING.
THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 1.302 ACRES MORE OR
LESS.
JOHN W. HILL, JR.
HUNSAKER & ASSOCIATES SAN DIEGO, INC.
L.S. 5669
PAGE 2 Gi 2
:DA M:\LEGALS\l i’58\002A04.DOC
WO 1758-2 12/2/96 r: c
.. EXHIBIT
SKETCH TO ACCOMPANY LEGAL DESCR I PTI ON Ak’/ARA PARKWAY IN APN 212-040-49 k
PREPARED BY:
HUNSAKER
8 ASSOCIATES
San Diego, Inc.
16 191 558-4500
SHEE’I’ 1 OF 1 SHEE’I’
COLLEGE 6 PAR IN KELLY
3A‘I’E I I
- 100 SCALE - 86410,157lPF: 5537 619 28-Feb-89 09:47 AF / 553-7-620
-* .* , .' .
EXHIBIT
LEGAL DESCRIPTION
DRAINAGE EASEMENTS
PR 3.2.85
PARCEL 1 :
5hte.C 4-
A STRIP OF LANE 20.00 FEET WIDE IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, BEING THAT PORTION OF PARCEL D OF PARCEL MAP
NO. 2993, FILED IN THE OFFICE OF THE COUNTY RECGRDER OF SAID COUNTY ON
AUGUST 23, 1974 AS FILE NO. 74-230326, THE CENTERLINE OF WHICH BEING
DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST WESTERLY CORNER OF PARCEL 1 OF PARCEL MAP NO.
15661, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON MAY 5,
1989 AS FILE NO. 89-239677, SAID POINT BEING ON THE WESTERLY SIDELINE OF A
102.00 FOOT WIDE EASEMENT FOR ROADWAY PURPOSES AS SHOWN AND
DEDICATED PER SAID PARCEL MAP NO. 15661, SAID POINT ALSO BEING A POINT ON A
1,451 .OO FOOT RADIUS CURVE, CONCAVE EASTERLY, A RADIAL LINE TO SAID POINT
BEARS SOUTH 8C)"16'25" WEST; THENCE ALONG THE NORTHWESTERLY LINE OF SAID
PARCEL 1, NORTH 71 "35'51" EAST, 103.27 FEET TO THE EASTERLY SIDELINE OF SAID
102.00 FOOT WIDE ROADWAY EASEMENT, SAID POINT BEING THE BEGINNING OF A
NON-TANGENT 1,349.00 FOOT RADIUS CURVE CONCAVE EASTERLY, A RADIAL LINE OF
SAID CURVE TO SAID POINT BEARS SOUTH 80"56'07" WEST; SAID POINT BEING ON
THE EASTERLY RIGHT-OF-WAY LINE OF AVIARA PARKWAY PER CITY OF CARLSBAD
PRGJECT NO. PR 3.4.257 AND PROJECT NO. PR 3.4.256; THENCE NORTHERLY ALONG
SAID EASTERLY SIDELINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 20"09'09" AN ARC LENGTH OF 474.48 FEET; THENCE TANGENT TO SAID
CURVE NORTH 11 "05'1 6" EAST, 181.26 FEET TO A TANGENT 25.00 FOOT RADIUS
CURVE CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 29"22'30" AN ARC LENGTH OF 12.82 FEET TO A
PAGE 1 OF 2
:DMS m:\legals\1750\002a21 .doc
WO 1758-2 411 2/96
.- - . : . fke+ 5
POINT OF REVERSE CURVE HAVING A RADIUS OF 45.00 FEET; THENCE
NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 29'22'30" AN
ARC LENGTH OF 23.07 FEET; THENCE TANGENT TO SAID CURVE NORTH 11 "05'1 6"
EAST, 11 7.07 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID
EASTERLY RIGHT-OF-WAY LINE, NORTH 78'29'04" EAST, 13.41 FEET TO A TANGENT
45.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 70'03'55" AN ARC LENGTH OF
55.03 FEET; THENCE TANGENT TO SAID CURVE NORTH 8'25'09" EAST, 10.25 FEET TO
A POINT ON THE SOUTHERLY SIDELINE OF PALOMAR AIRPORT ROAD PER DOCUMENT
RECORDED AUGUST 25, 1988, AS FILEIPAGE NO. 88-426571 OF OFFICIAL RECORDS,
SAID POINT BEING THE POINT OF TERMiNUS OF SAID CENTERLINE.
THE SIDELINES OF SAID 20.00 FOOT WIDE STRIP OF LAND SHALL BE LENGTHENED OR
SHORTENED AS NECESSARY SO AS TO TERMINATE SOUTHWESTERLY IN THE
EASTERLY SIDELINE OF AVIARA PARKWAY PER CITY PROJECT NO. PR 3.4.256 SAID
EASTERLY SIDELINE BEARS NORTH 11"05'16" EAST THROUGH THE TRUE POINT OF
BEGINNING AND TERMINATE NORTHERLY IN THE SOUTHERLY SIDELINE OF PALOMAR
AIRPORT ROAD.
f0HN W. HILL, JR.
HUNSAKER &ASSOCIATES SAN DIEGO, INC.
L.S. 5669
PAGE 2 OF 2
:DMS m:\legals\l758\002a21 .doc
WO 1758-2 411 2/96
*-
f sLy5~DwNEm
EXHIBIT
SKETCH TO ACCOflPANY LEGAL DESCRIPTION ~88~#/R€"
I H/5.74% '
EXHIBIT
LEGAL DESCRIPTION
PR 2.3.114
BEING A PORTION OF PARCELS 1 AND 2 OF CERTIFICATE OF COMPLIANCE
RECORDED SEPTEMBER 27, 1985 AS FILE NO. 85-359768 OF OFFICIAL RECORDS OF
SAN DIEGO COUNTY, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL 1 (SLOPE EASEMENT)
COMMENCING AT AN ANGLE POINT IN THE SOUTHERLY BOUNDARY LINE OF PARCEL 1
OF SAID CERTIFICATE OF COMPLIANCE RECORDED SEPTEMBER 27, 1985 AS FILE NO.
85-359768 OF OFFICIAL RECORDS, SAID POINT BEING THE EASTERLY TERMINUS OF
THAT COURSE SHOWN AND DESCRIBED IN SAID CERTIFICATE OF COMPLIANCE AS
NORTH 83"42'01" WEST, 254.06 FEET; THENCE RETRACING ALONG SAID SOUTHERLY
BOUNDARY LINE, NORTH 83'41'35" WEST (RECORD= NORTH 83'42'01'' WEST), 61.33
FEET TO THE BEGINNING OF A NON-TANGENT 1462.00 FOOT RADIUS CURVE
CONCAVE EASTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 86"35'33" WEST;
T!iENCE LEAVING SAID SOUTHERLY BOUNDARY LINE, NORTHERLY ALONG THE ARC
OF SAID CURVE THROUGH A CENTRAL ANGLE OF 06'01'17, A DISTANCE OF 153.65
FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTHERLY ALONG
THE ARC OF SAID CIJRVE THROUGH A CENTRAL ANGLE OF OI"39'32" A DISTANCE OF
42.33 FEET; THENCE NORTH 11'05'16'' EAST, 304.06 FEET TO THE BEGINNING OF A
TANGENT 25.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE
NORTHERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 79'35'38" A DISTANCE OF 34.73 FEET; THENCE SOUTH IZ"17'34"
WEST, 245.05 FEET; THENCE SOUTH 16"00'35" WEST, 48.56 FEET; THENCE SOUTH
89'50'07" WEST, 1 15.00 FEET; THENCE SOUTH 11 "07'25" WEST, 53.00 FEET; THENCE
SOUTH 71 "12'10" EAST, 106.06 FEET; THENCE NORTH 83'32'21" EAST, 40.00 FEET TO
THE TRUE POINT OF BEGINNING.
PAGE 1 OF 8
:DA M:\LEGALS\1758\902Al &DOC
VJO 1x8-2 1211 2/96 .
THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.400 ACRE MORE OR
LESS.
PARCEL 2 (SLOPE EASE[ ENT)
COMMENCING AT AN ANGLE POINT IN THE SOUTHERLY BOUNDARY LINE OF PARCEL 1
OF SAID CERTIFICATE OF COMPLIANCE RECORDED SEPTEMBER 27, 1985 AS FILE NO.
85-359768 OF OFFICIAL RECORDS, SAID POINT BEING THE EASTERLY TERMINUS OF
THAT COURSE SHOWN AND DESCRIBED IN SAID CERTIFICATE OF COMPLIANCE AS
NORTH 83’42’01’’ WEST, 254.06 FEET; THENCE ALONG SAID SOUTHERLY BOUNDARY
LINE, NORTH 83’41’35” WEST (RECORD= NORTH 83’42’05” WEST), 81.33 FEET TO THE
TRUE POINT OF BEGINNING; THENCE RETRACING ALONG SAID SOUTHERLY
BOUNDARY LINE, SOUTH 83”41’35” EAST (RECORD= NORTH 83’42’01” WEST), 20.00
FEET TO THE BEGINNING OF A NON-TANGENT 1462.00 FOOT RADIUS CURVE
CONCAVE EASTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 86”35’33” WEST;
THENCE LEAVING SAID SOUTHERLY BOUNDARY LINE, NORTHERLY ALONG THE ARC
OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02’11’09”, A DISTANCE OF 55.78
FEET; THENCE NORTH 72”36’17” WEST, 9.16 FEET; THENCE SOUTH 15’26’47” WEST,
58.25 FEET TO THE TRUE POINT OF BEGINNING.
THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.019 ACRE MORE OR
LESS.
PARCEL 3 (SLOPE EASEMENT)
COMMENCING AT AN ANGLE POINT IN THE SOUTHERLY BOUNDARY LINE OF PARCEL 1
OF SAID CERTIFICATE OF COMPLIANCE RECORDED SEPTEMBER 27, 1985 AS FILE NO.
85-359758 OF OFFICIAL RECORDS, SAID POINT BEING THE EASTERLY TERMINUS OF
THAT COURSE SHOWN AND DESCRIBED IN SAID CERTIFICATE OF COMPLIANCE AS
NORTH 83’42’01’’ WEST, 254.06 FEET; THENCE ALONG SAID SOUTHERLY BOUNDARY
LINE, SOUTH 81’37’18” EAST (RECORD= NORTH 81’37’46” WEST), 78.’97 FEET TO ‘THE
PAGE 2 OF 3
:DA M:\LEGALS\i758\002A16.DOC
WO 1758-2 12/12/96
, . -.
TRUE POINT OF BEGINNING; THENCE RETRACING ALONG SAID SOUTHERLY
BOUNDARY LINE, NORTH 81’37’18” WEST, 32.00 FEET TO THE BEGINNING OF A NON-
TANGENT 1349.00 FOOT RADIUS CURVE CONCAVE EASTERLY A RADIAL LINE TO SAID
POINT BEARS NORTH 85’12’48” WEST; THENCE LEAVING SAID SOUTHERLY
BOUNDARY LINE, NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 02’23’33” A DISTANCE OF 56.33 FEET; THENCE SOUTH 72’36’17”
EAST, 25.00 FEET; THENCE SOUTH 02’04’44’’ EAST, 53.24 FEET TO THE TRUE POINT OF
BEGINNING.
THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.035 ACRE MORE OR
LESS.
PARCEL 4 (SLOPE EASEMENT)
COMMENCING AT AN ANGLE POINT IN THE SOUTHERLY BOUNDARY LINE OF PARCEL 1
OF SAID CERTIFICATE OF COMPLIANCE RECORDED SEPTEMBER 27, 1985 AS FILE NO.
85-359768 OF OFFICIAL RECORDS, SAID POINT BEING THE EASTERLY TERMINUS OF
THAT COURSE SHOWN AND DESCRIBED IN SAID CERTIFICATE OF COMPLIANCE AS
NORTH 83’42’01’’ WEST, 254.06 FEET; THENCE ALONG SAID SOUTHERLY BOUNDARY
LINE, SOUTH 81O37’18” EAST (RECORD= NORTH 81’37’46” WEST), 46.97 FEET TO THE
BEGINNING OF A NON-TANGENT 1349.00 FOOT RADIUS CURVE CONCAVE EASTERLY,
A RADIAL LINE TO SAID POINT BEARS NORTH 85’12’48” WEST; THENCE LEAVING SAID
SOUTHERLY BOUNDARY LINE, NORTHERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 06’18‘04” A DISTAWCE OF 148.36 FEET; THENCE
NORTH 11’05’16” EAST, 130.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE
CONTINUING NORTH 11 “05’16” EAST, 51.26 FEET TO THE BEGINNING OF A TANGENT
25.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE NORTHERLY ALONG THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 29O22’30” A DISTANCE OF 12.82
FEET TO THE BEGINNING OF A REVERSE 45.00 FOOT RADIUS CURVE CONCAVE
NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 49’32’14” EAST;
THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE
OF 29O22’30” A DISTANCE OF 23.07 FEET; THENCE NORTH 1 1’05’16’’ EAST, 150.40 FEET
PAGE 3 OF 8
:DA M:\LEGALS\l758\002A16.D0C
WO 1758-2 1211 2/96
TO THE BEGINNING OF A TANGENT 25.00 FOOT RADIUS CURVE CONCAVE
SOUTHEASTERLY; THENCE NORTHEASTERLY AND EASTERLY ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 87'19'53" A DISTANCE OF 38.1 1 FEET
TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF PALOMAR AIRPORT ROAD
AS DESCRIBED IN DEEDS RECORDED AUGUST 25, 1988 FILE NO. 88-426571 AND 88-
426572 OF OFFIC!AL RECORDS; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY
LINE, SOUTH 81 '34'51" EAST, 59.00 FEET; THENCE LEAVING SAID SOUTHERLY RIGHT-
OF-WAY LINE, SOUTH 09"43'01" WEST, 287.29 FEET; THENCE NORTH 27'20'57" WEST,
30.00 FEET; THENCE NORTH 78'54'44" WEST, 80.00 FEET TO THE TRUE POINT OF
;BEGINNING.
THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.532 ACRE MORE OR
LESS.
PARCEL 5 {TEMPORARY CONSTRUCTION EASEMENT)
COMMENCING AT AN ANGLE POINT IN THE SOUTHERLY BOUNDARY LINE OF PAiiCEL 1
OF SAID CERTIFICATE OF COMPLIANCE XECORDED SEPTEMBER 27, 1985 AS FILE NO.
85-359768 OF OFFICIAL RECORDS, SAID POINT BEING THE EASTERLY TERMINUS OF
THAT COURSE SHOWN AND DESCRIBED IN SAID CERTIFICATE OF COMPLIANCE AS
NORTH 83'42'01'' WEST, 254.06 FEET; THENCE RETRACING ALONG SAID SOUTHERLY
BOUNDARY LINE, NORTH 83'41'35" WEST (RECORD= NORTH 83"42'01" WEST), 81.33
FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID
SOUTHERLY BOUNDARY LINE, NORTH 83'41'35'' WEST, 60.00 FEET; THENCE LEAVING
SAID SOUTHERLY BOUNDARY LINE, NORTH 24'28'09" WEST, 177.59 FEET; THENCE
NORTH 1 1'07'25" EAST, 90.44 FEET; THENCE NORTH 56'27'40" EAST, 153.60 FEET;
THENCE NORTH 11'07'25" EAST, 185.00 FEET; TO A POINT ON THE SOUTHERLY
RIGHT-OF-WAY LINE OF PALOMAR AIRPORT ROAD AS DESCRIBED IN DEEDS
RECORDED AUGUST 25, 1988 FILE NO. 88-426571 AND 88-426572 OF OFFICIAL
RECORDS SAID POINT BEING ON THE ARC OF A 2175.00 FOOT RADIUS CURVE
CONCAVE SOUTHERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 05'08'05" EAST,
THENCE EASTERLY ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE AND THE ARC OF
PAGE 4 OF 8
:DA IJI:\LEGALS\1758\002A16.DOC
WO 1758-2 12/72/96 2
x
SAID CURVE THROUGH A CENTRAL ANGLE OF OO"52'41" A DISTANCE OF 33.33 FEET
TO THE BEGINNING OF A COMPOUND 25.00 FOOT RADIUS CURVE CONCAVE
SOUTHWESTERLY; THENCE LEAVING SAID SOUTHERLY RIGHT-OF-WAY LINE
SOUTHEASTERLYALONGTHEARCOFSAIDCURVETHROUGHACENTRALANGLEOF
15'28'52" A DISTANCE OF 6.75 FEET; THENCE SOUTH 12'17'34" WEST, 245.05 FEET;
THENCE SOUTH 16'00'35'' WEST, 48.56 FEET; THENCE SOUTH 89"50'07" WEST, 11 5.00
FEET; THENCE SOUTH 11 "07'25" WEST, 53.00 FEET; THENCE SOUTH 71 "1 2'1 0" EAST,
106.06 FEET; THENCE SOUTH 83'32'21" WEST, 35.1 6 FEET; THENCE SOUTH 04"35'28"
WEST, 67.68 FEET; THENCE SOUTH 72'36'17" EAST, 61.37 FEET; THENCE SOUTH
15'26'4i'" WEST, 58.25 FEET TO THE TRUE POINT OF BEGINNING.
THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.750 ACRE MORE OR
LESS.
PARCEL 6 (TEMPORARY CONSTRUCTION EASEMENT)
COMMENCING AT AN ANGLE POINT IN THE SOUTHERLY BOUNDARY LINE OF PARCEL 1
OF SAID CERTIFICATE OF COMPLIANCE RECORDED SEPTEMBER 27, 1985 AS FILE NO.
85-359768 OF OFFICIAL RECORDS, SAID POINT BEING THE EASTERLY TERMINUS OF
THAT COURSE SHOWN AND DESCRIBED IN SAID CERTIFICATE OF COMPLIANCE AS
NORTH 83'42'01" WEST, 254.06 FEET; THENCE ALONG SAID SOUTHERLY BOUNDARY
LINE, SOUTH 81"37'18" EAST (RECORD= NORTH 81'37'46'' WEST), 78.97 FEET TO THE
TRUE POINT OF BEGINNING; THENCE LEAVING SAID SOUTHERLY BOUNDARY LINE,
NORTH 02"04'44" WEST, 53.24 FEET; THENCE SOUTH. 72'36'17" EAST, 121.23 FEET;
THENCE SOUTH 07"31'04'' WEST, 33.36 FEET TO A POINT ON SAID SOUTHERLY
BOUNDARY LINE; THENCE ALONG SAID SOUTHERLY BOUNDARY LINE, NORTH
81 "37'1 8" WEST, 11 0.57 FEET TO THE TRUE POINT OF BEGINNING.
THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.112 ACRE MORE OR
LESS.
PAGE 5 OF 8
: DA M:\LEGALS\1758\002A 16. GOC
WO 1758-2 1211 2/96
PARCEL 7 (TEMPORARY CONSTRUCTION EASEMENT)
COMMENCING AT AN ANGLE POINT IN THE SOUTHERLY BOUNDARY LINE OF PARCEL 1
OF SAID CERTIFICATE OF COMPLIANCE RECORDED SEPTEMBER 27,1985 AS FILE NO.
85-359768 OF OFFICIAL RECORDS, SAID POINT BEING THE EASTERLY TERMINUS OF
THAT COURSE SHOWN AND DESCRIBED IN SAID CERTIFICATE OF COMPLIANCE AS
NORTH 83”42’01” WEST, 254.06 FEET; THENCE ALONG SAID SOUTHERLY BOUNDARY
LINE, SOUTH 81 “37’1 8” EAST (RECORD= NORTH 81 “37’46” WEST), 78.97 FEET; THENCE
CONTINUING ALONG SAID SOUTHERLY BOUNDARY LINE, SOUTH 81 “37’1 8” EAST
(RECORD= NORTH 81 “37’46” WEST), 110.57 FEET; THENCE LEAVING SAID SOUTHERLY
BOUNDARY LINE, NORTH 07”31’04” EAST, 198.36 FEET TO THE TRUE POINT OF
BEGINNING; THENCE CONTINUING NORTH 07”31’04” EAST, 338.89 FEET TO A POINT ON
THE SOUTHERLY RIGHT-OF-WAY LINE OF PALOMAR AIRPORT ROAD AS DESCRIBED
IN DEEDS RECORDED AUGUST 25, 1988 FILE NO. 88-426571 AND 88-426572 OF
OFFICIAL RECORDS; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, NORTH
81 “34’51” WEST, 25.36 FEET; THENCE LEAVING SAID SOUTHERLY RIGHT-OF-WAY LINE,
SOUTH 09”43’01” WEST, 287.29 FEET; THENCE SOUTH 27”20’57” EAST, 63.64 FEET TO
THE TRUE POINT OF BEGINNING.
THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.225 ACRE MORE OR
LESS.
PARCEL 8 (DRAINAGE EASEMENT)
COMMENCING AT AN ANGLE POINT IN THE SOUTHERLY BOUNDARY LINE OF PARCEL 1
OF SAID CERTIFICATE OF COMPLIANCE RECORDED SEPTEMBER 27,1985 AS FILE NO.
85-359768 OF OFFICIAL RECORDS, SAID POINT BEING THE EASTERLY TERMINUS OF
THAT COURSE SHOWN AND DESCRIBED IN SAID CERTIFICATE OF COMPLIANCE AS
NORTH 83”42’01” WEST, 254.06 FEET; THENCE RETRACING ALONG SAID SOUTHERLY
BOUNDARY LINE, NORTH 83”41’35” WEST (RECORD= NORTH 83”42’01” WEST), 61.33
FEET TO THE BEGINNING OF A NON-TANGENT 1462.00 FOOT RADIUS CURVE
CONCAVE EASTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 86’35’33’’ WEST;
PAGE 6 OF 8
:Dk M:\LEGALS\1758\002A16.DOC
WO 1758-2 12/12/96
THENCE LEAVING SAID SOUTHERLY BOUNDARY LINE, NORTHERLY ALONG THE ARC
OF SAID CURVE THROUGH A CENTRAL ANGLE OF 06'01'17", A DISTANCE OF 153.65
FEET TO THE TRUE POINT OF BEGINNING A RADIAL LINE TO SAID POINT BEARS
NORTH 80'34'16" WEST; THENCE RETRACING SOUTHERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 03'50'08" A DISTANCE OF 97.87 FEET;
THENCE NORTH 72'36'17" WEST, 70.53 FEET; THENCE NORTH 04'35'28" EAST, 67.68
FEET; THENCE NORTH 83'32'21" EAST, 75.16 FEET TO THE TRUE POINT OF
BEGltiiN I NG.
THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.134 ACRES MORE OR
LESS
PARCEL 9 (DRAINAGE EASEMENT)
COMMENCING AT AN ANGLE POINT IN THE SOUTHERLY BOUNDARY LINE OF PARCEL 1
OF SAID CERTIFICATE OF COMPLIANCE RECORDED SEPTEMBER 27, 1985 AS FILE NO.
85-359768 OF OFFICIAL RECORDS, SAID POINT BEING THE EASTERLY TERMINUS OF
THAT COURSE SHOWN AND DESCRIBED IN SAID CERTIFICATE OF COMPLIANCE AS
NORTH 83'42'01'' WEST, 254.06 FEET; THENCE ALONG SAID SOUTHERLY B0UNDAP.Y
LINE, SOUTH 81'37'18" EAST (RECORD= NORTH 81'37'46" WEST), 78.97 FEET; THENCE
CONTINUING ALONG SAID SOUTHERLY BOUNDARY LINE, SOUTH 81 '37'18" EAST
(RECORD= NORTH 81'37'46'' WEST), 110.57 FEET; THENCE LEAVING SAID SOUTHERLY
BOUNDARY LINE, NORTH 07'31'04'' EAST, 33.36 FEET TO THE TRUE POINT OF
BEGINNING; THENCE CONTINUING NORTH 07'31'04'' EAST, 165.00 FEET; THENCE
NORTH 27'20'57" WEST, 93.64 FEET; THENCE NORTH 78'54'44" WEST, 80.00 FEET;
THENCE SOUTH Il"05'16" WEST, 130.00 FEET TO THE BEGINNING OF A TANGENT
1349.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE SOUTHERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 03'54'31" A
DISTANCE OF 92.03 FEET; THENCE SOUTH 72'36'17" EAST, 146.23 FEET TO THE TRUE
POINT OF BEGINNING.
PAGE 7 OF 8
:DA M:\LEGALS\1758\002A16.DOC
WO 1753-2 12/12/96 3
THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.696 ACRES MORE OR
LESS
/’z -/Z -96
JOHN ‘a. HILL, JR.
HUNSPKER & ASSOCIATES SAN DIEGO, INC.
L.S. 5669
PAGE 8 GF 8
:DA M:\LEGALS\l758\002A16.DOC
VJO 1758-2 12/72/96 3’
LEGEND:
', eTA INDICATES SLUPE EASEMENT
INDICATES TEMPORARY CONSTRUCTION EASEMENT my INDICATES DRAINAGE EASEMENT .5\*'
a ?A
I 29'22'30" I 25.00 I 12.82 111 W
29' 22' 30' 45.00 23.07
87' 19 ' 53' 25.00 38.11 I 1
0'52 ' 41" 2175.00 33.33
79' 35 * 38" 25 .OO 34.73
@ 0 v
15'28'52" 25.00 6.75
67.68
@
@ N 04'35'28'E ~~ 58.25
2' 23 ' 33" 1349.00 56.33
@ N 15'26'47"E
@ -N 83'32'21"E 75.16
N 72'36'17"W 70.53
3' 50 '08" 1462.00 97.87 I
2'11'09" 1462.00 55.78 1 m 6'01'17" I 1462.00 I 153.65 I I
4PPLICANT : PREPARED BY: PROJECT: A.P.N.: 21 2-040-49
PAC WEST GROUP, INC. SLOPE EAWENT AND ,A. L. - 9c.. .'> - 7 -9, I .-1- L -.. -A ..--I .e--. I EXHIBIT SUITE 1750
SAN DIEGO, CA 92101 p EXPIRES: 9/30/99 7 EASEMENT (61 9) 544-91 00 no c) 7 4i~
OHN W. HILL, &. L.S. 566 EASEMENT AND DRAINAGE
*. .. . '. sLI44- ld
EXHlBtT
LEGAL DESCRIPTION
PR 3.4.257
AVIARA PARKWAY
BEING A PORTION PARCEL 3 OF CERTIFICATE OF COMPLIANCE RECORDED
SEPTEMBER 27, 1985 AS FILE NO. 85-359769 OF OFFICIAL RECORDS OF SAN DIEGO
COUNTY, IN THE C;!T.;* OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFOki\JIA,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST WESTERLY CORNER OF PARCEL 1 OF PARCEL MAP NO.
15661, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO
COUNTY MAY 5, 1989, SAID POINT BEING THE BEGINNING OF A NON-TANGENT 1451.00
FOOT RADIUS CURVE CONCAVE EASTERLY A RADIAL LINE TO SAID POINT BEARS
SOUTH 80"16'25" WEST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 04"51'08" A DISTANCE OF 122.88 FEET; THENCE
NORTH 04"52'27" WEST, 38.46 FEET TO THE BEGINNING OF P. TANGENT 1462.00 FOOT
PADIUS CURVE CONCAVE EASTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 08'16'54'' A DISTANCE OF 21 1.32 FEET TO A
POINT ON THE NORTHERLY LINE OF PARCEL 3 OF SAID CERTIFICATE OF
COMPLIANCE RECORDED SEPTEMBER 27, 1985 AS FILE NO. 85-359769 OF OFFICIAL
RECORDS; THENCE ALONG SAID NORTHERLY LINE, SOUTH 83"41'35" EAST (RECORD=
SOUTH 83'42'01" EAST), 61.33 FEET; THENCE CONTINUING ALONG SAID NORTHERLY
LINE, SOUTH 81"37'18" EAST (RECORD= SOUTH 81"37'46" EAST), 46.97 FEET TO THE
BEGINNING OF A NON-TANGENT 1349.00 FOOT RADIUS CURVE CONCAVE EASTERLY,
A RADIAL LINE TO SAID POINT BEARS NORTH 85'12'48'' WEST, SAID CURVE BEING
CONCENTRIC WITH AND 102.00 FEET EASTERLY OF SAID 1451.00 FOOT RADIUS
CURVE; THENCE LEAVING SAID NORTHERLY LINE SOUTHERLY ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 13"51'05" A DISTANCE OF 326.12 FEET
TO A POINT ON THE NORTHERLY LINE OF PARCEL 1 OF SAID PARCEL MAP NO. 15661:
THENCE ALONG SAID NORTHERLY LINE, SOUTH 71'35'51'' WEST, 103.27 FEET TO THE
POINT OF BEGINNING.
PAGE 1 OF 2
:Dk M:\LEGALS\I 758\002A03,DOC
WO 1758-2 12/2/96 3
THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.835 ACRE MORE OR
LESS.
JOHN W. HILL, JR.
HUNSAKER & ASSOCIATES SAN DIEGO, INC.
L.S. 5669
PAGE 2 OF 2
:DA M:\LEGALS\1758\002A03.DOC wo 1758-2 12/2/96
L.S. 5669
..
-1 .- EXHIBIT
SKE'I'CH TO ACCOMPANY LEGAL DESCR I PI' I ON AV/ARA PARKWAY IN APN 212-040-39
/X/R/CAT€S PoR7/0~ OF &/ST io2 *GQ$€MEMFOR STR€ET "WSES P€R PA4 /566/ AY/ARA PARKMY .
( ) /ND/CA?€S R€CORDUTA ' a835Ac*z - -- P€RD€€,R€i9-27~ 85-358X9
PREPARED BY: CITY OF CARLSBAD
HUNSAKER STREET DEDICATION
B AY/AAA PARKWAY ASSOCIATES PR 3.4 257 APN2/P-M0-39
Son Diego, Inc. (6191 558-4588
2-28- 96
SHEET 1 OF 1 SHEET I JOHN U. HILL JR. L.S. 5669 GATE
EXHIBIT
LEGAL DESCRIPTION
PR 3.2.86
BEING A PORTION PARCEL 3 OF CERTIFICATE OF COMPLIANCE RECORDED
SEPTEMBER 27, 1985 AS FILE NO. 85-359769 OF OFFICIAL RECORDS OF SAN DIEGO
COUNTY, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEING A 15.00 FOOT WIDE STRIP OF LAND LYING 7.50 FEET ON EACH SIDE OF THE
FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE MOST WESTERLY CORNER OF PARCEL 1 OF PARCEL MAP NO.
15661, FILED IN THE OFFICE OF THE SAID COUNTY RECORDER ON MAY 5, 1989 AS
FILE NO. 89-239677, SAID POINT BEING ON THE WESTERLY SIDELINE OF AN EXISTING
102.00 FOOT WIDE EASEMENT TO THE CITY OF CARLSBAD FOR STREET PURPOSES
AS SHOWN AND DEDICATED ON SAID PARCEL MAP NO. 15661, SAID POINT ALSO
BEING A POINT ON A 1,451.00 FOOT RADIUS CIIRVE, CONCAVE EASTERLY, A RADIAL
LINE TO SAID POINT BEARS SOUTH 8@"16'25" WEST ; THENCE P.!.ONG THE
NORTHWESTERLY LINE OF SAID PARCEL 1, NORTH 71"35'51" EAST, 103.27 FEET TO
THE EASTERLY SIDELINE OF SAID 102.00 FOOT WIDE EASEMENT, SAID POINT BEING
ON A NON-TANGENT 1,349.00 FOOT RADIUS CURVE CONCAVE EASTERLY, A RADIAL
LINE TO SAID POINT BEARS SOUTH 80'56'07" WEST SAID POINT ALSO BEING ON THE
EASTERLY RIGHT-OF-WAY LINE i)F AVIARA PARKWAY PER CITY OF CARLSBAD
PROJECT NO. PR 3.4.257; THENCE LEAVING THE NORTHWESTERLY LINE OF SAID
PARCEL 1, NORTHERLY ALONG SAID EASTERLY RIGHT-OF-WAY LINE AND THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 13"11'21" AN ARC LENGTH OF 310.53
FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID EASTERLY RIGHT-
OF-WAY LINE, SOUTH 49'08'37'' EAST, 35.06 FEET TO THE POINT OF TERMINUS.
PAGE 1 OF 2
:DA M:\LEGALS\1758\002A14.DOC
WO 1758-2 12/12/96 3'
THE SIDELINES OF SAID 15.00 FOOT WIDE STRIP OF LAND SHALL BE LENGTHENED OR
SHORTENED SO AS TO TERMINATE WESTERLY IN THE IN THE EASTERLY RIGHT-OF-
WAY LINE OF AVIARA PARKWAY PER CITY OF CARLSBAD PROJECT NO. PR 3.4.257.
JOHN W. HILL, JR.
HUNSAKER & ASSOCIATES SAN DIEGO, INC.
L.S. 5669
PAGE 2 OF 2
:DA M:\LEGALS\1758\002AlS.DOC
WO 1758-2 1211 2/96
EXIST. 102' kiIDE EASEMENT FOR STREET PURPOSES PER P.M. 15661
/
HUNSAKER & ASSOCIATES SAN DIEGO, INC.
PLANNING - ENGINEERING - SURVEYING 10179 HUENNEXENS STREET - SAN DIGCG, CA 92121 (6tS) 558-4500 - FAX (619) 558-1414
DEDICATION PLAT - CIM OF CARLSBAD
4PPLICANT : IPREPARED BY: I PROJECT: 1 A.P.N.:
1. 553-7 PF 5537 PLN 13015 3l
EXHIBIT
LEGAL DESCRIPTION
PR 2.3.1 15
BEING A PORTION OF PARCEL 3 OF CERTIFICATE OF COMPLIANCE RECORDED
SEPTEMBER 27, 1985 AS FILE NO. 85-359769 OF OFFICIAL RECORDS OF SAN DIEGO
COUNTY, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL 1 (SLOPE EASEMENT)
BEGINNING AT THE MOST WESTERLY CORNER OF PARCEL 1 OF PARCEL MAP NO.
15661, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO
COUNTY MAY 5, 1989, SAID POINT BEING THE BEGINNING OF A NON-TANGENT 1451.00
FOOT RADIUS CURVE CONCAVE EASTEP,LY A RADIAL LINE TO SAID POINT BEARS
SOUTH 80"16'25" WEST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 04"51'08" A DISTANCE OF 122.88 FEET; THENCE
NORTH 04'52'27" WEST, 38.46 FEET TO THE BEGINNING OF A TANGENT 1462.00 FOOT
RAGIUS CURVE CONCAVE EASTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 08'16'54" A DISTANCE OF 211.32 FEET TO A
POINT ON THE NORTHERLY LINE OF PARCEL 3 OF SAID CERTIFICATE OF
COMPLIANCE RECORDED SEPTEMBER 27, 1985 AS FJLE NO. 85-359769 OF OFFICIAL
RECORDS; THENCE ALONG SAID NORTHERLY LINE, NORTH 83'41'35" WEST (RECORD=
NORTH 83"42'01" WEST), 20.00 FEET; THENCE LEAVING SAID NORTHERLY LINE,
SOUTH 16"16'17" WEST, 77.21 FEET; THENCE SOUTH 35"25'10" WEST, 76.21 FEET;
THENCE SOUTH 1 O"30'25" EAST, 92.25 FEET; THENCE SOUTH 18"30'27" WEST, 98.87
FEET; THENCE SOUTH 1 0'08'50" EAST, 45.04 FEET; THENCE SOUTH 31 '54'23" EAST,
45.23 FEET TO A POINT ON THE NORTHERLY LINE OF DESCRIPTION NO. 4 OF RECORD
OF SURVEY MAP NO. 5715 FILED IN THE OFFICE OF THE COUNTY RECORDER
PAGE 1 OF4
:DA M:\LEGALS\1758\002A15.DOC
WO 1758-2 12/12/96
Sha+ 23 ' -
*.
DECEMBER 19, 1960; THENCE ALONG SAID NORTHERLY LINE, NORTH 71 "35'51" EAST,
94.83 FEET TO THE POINT OF BEGINNING.
THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.672 ACRE MORE OR
LESS.
PARCEL 2 (SLOPE EASEMENT)
COMMENCING AT THE MOST WESTERLY CORNER OF PARCEL 1 OF PARCEL MAP NO.
15661, FILED IN THE OFFICE OF THE SAID COUNTY RECORDER ON MAY 5, 1989 AS
FILE NO. 89-239677, SAID POINT BEING ON THE WESTERLY SIDELINE OF AN EXISTING
102.00 FOOT WIDE EASEMENT TO THE CITY OF CARLSBAD FOR STREET PURPOSES
AS SHOWN AND DEDICATED ON SAID PARCEL MAP NO. 15661, SAID POINT ALSO
BEING A POINT ON A 1,451.00 FOOT RADIUS CURVE, CONCAVE EASTERLY, A RADIAL
LINE TO SAID POINT BEARS SOUTH 80'16'25" WEST; THENCE ALONG THE
NORTHWESTERLY LINE OF SAID PARCEL 1, NORTH 71'35'51" EAST, 261.27 FEET TO
THE TRUE POINT OF BEGINNING; THENCE RETRACING ALONG SAID
NORTHWESTERLY LINE, SOUTH 71'35'51" WEST, 158.00 FEET TO A POINT ON THE
EASTERLY SIDELINE OF SAID 102.00 FOOT WIDE EASEMENTl SAID POINT BEING THE
BEGINNING OF A NON-TANGENT 1,349.00 FOOT RADIUS CURVE CONCAVE EASTERLY,
A RADIAL LINE TO SAID POINT BEARS SOUTH 80'56'07" WEST; THENCE LEAVING THE
NORTHWESTERLY LINE OF SAID PARCEL 1, NORTHERLY ALONG A CONTINUATION OF
SAID EASTERLY SIDELINE OF SAID 102.00 FOOT WIDE .EASEMENT AND THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 13"51'05" AN ARC LENGTH OF 326.12
FEET TO A POINT ON THE NORTHERLY LINE OF PARCEL 3 OF SAID CERTIFICATE OF
COMPLIANCE RECORDED SEPTEMBER 27, 1985 AS FILE NO. 85-359769 OF OFFICIAL
RECORDS; THENCE ALONG SAID NORTHERLY LINE, SOUTH 81 "37'18" EAST (RECORD=
SOUTH 81 "37'46" EAST), 32.00 FEET; THENCE LEAVING SAID NORTHERLY LINE, SOUTH
02"56'24" WEST, 28.18 FEET; THENCE SOUTH 03"34'00" EAST, 204.29 FEET; THENCE
NORTH 89'32'20" EAST, 112.39 FEET; THENCE SOUTH 09'43'41" EAST, 40.00 FEET; TO
THE TRUE POINT OF BEGINNING.
PAGE 2 OF 4
:DA M:\LEGALS\1758\002A15.DOC
WO 1758-2 12/12/96
THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.438 ACRE MORE OR
LESS.
PARCEL 3 (TEMPORARY CONSTRUCTION EASEMENT)
COMMENCING AT THE MOST WESTERLY CORNER OF PARCEL 1 OF PARCEL MAP NO.
15661, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO
COUNTY MAY 5, 1989, SAID POINT BEING ON THE WESTERLY SIDELINE OF AN
EXISTING 102.CO FOOT WIDE EASEMENT TO THE CITY OF CARLSBAD FOR STREET
PURPOSES AS SHOWN AND DEDICATED ON SAID PARCEL MAP NO. 15661, SAID POINT
ALSO BEING A POINT ON A 1,451.00 FOOT RADIUS CURVE, CONCAVE EASTERLY, A
RADIAL LINE TO SAID POINT BEARS SOUTH 80'16'25" WEST, SAID POINT ALSO BEING
ON THE NORTHERLY LINE OF DESCRIPTION NO. 4 OF RECORD OF SURVEY MAP NO.
5715 FILED IN THE GFFlCE OF THE COUNTY RECORDER DECEMBER 19,1960; THENCE
ALONG SAID NORTHERLY LINE, SOUTH 71'35'51" WEST, 94.83 FEET TO THE TRUE
POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTHERLY LINE SOUTH
71 "35'51" WEST, 23.CO FEET; THENCE LEAVING SAID NORTHERLY LINE, NORTH
12'41'31" WEST, 170.85 FEET; THENCE NORTH 10'53'52" EAST, 255.20 FEET TO A
POINT ON THE NORTHERLY LINE OF PARCEL 3 OF SAID CERTIFICATE OF
COMPLIANCE RECORDED SEPTEMBER 27, 1985 AS FILE NO. 85-359769 OF OFFICIAL
RECORDS; THENCE ALONG SAID NORTHERLY LINE, SOUTH 83'41'35" EAST (RECORD=
SOUTH 83O42'01" EAST), 60.00 FEET; THENCE LEAVING SAID NORTHERLY LINE, SOUTH
16"? 6'1 7" WEST, 77.21 FEET; THENCE SOUTH 35'25'10" WEST, 76.21 FEET; THENCE
SOUTH 1 O"30'25" EAST, 92.25 FEET; THENCE SOUTH 18'30'27" WEST, 98.87 FEET;
THENCE SOUTH 1 0'08'50" EAST, 45.04 FEET; THENCE SOUTH 31 "54'23" EAST, 45.23
FEET TO THE TRUE POINT OF BEGINNING.
THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.338 ACRE MORE OR
LESS.
PAGE 3 OF 4
:DA M:\LEGALS\l753\002A15.DOC wo 1758-2 12/12/96
- *.
*. .-
1
PARCEL 4 (TEMPORARY CONSTRUCTION EASEMENT)
COMMENCING AT THE MOST WESTERLY CORNER OF PARCEL 1 OF PARCEL MAP NO.
15661, FILED IN THE OFFICE OF THE SAID COUNTY RECORDER ON MAY 5, 1989 AS
FILE NO. 89-239677, SAID POINT BEING ON THE WESTERLY SIDELINE OF AN EXISTING
102.00 FOOT WIDE EASEMENT TO THE CITY OF CARLSBAD FOR STREET PURPOSES
AS SHOWN AND DEDICATED ON SAID PARCEL MAP NO. 15661, SAID POINT ALSO
BEING A POINT ON A 1,451 .OO FOOT RADIUS CURVE, CONCAVE EASTERLY, A RADIAL
LINE TO SAID POINT BEARS SOUTH 80'16'25" WEST; THENCE ALONG THE
NORTHWESTERLY LINE OF SAID PARCEL 1, NORTH 71'35'51" EAST, 261.27 FEET TO
THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID NORTHWESTERLY LINE,
NORTH 09'43'41" WEST, 40.00 FEET; THENCE SOUTH 89'32'20'' WEST, 112.39 FEET;
THENCE NORTH 03'34'00" WEST, 204.29 FEET; THENCE NORTH 02'56'24" EAST, 28.1 8
FEET TO A POINT ON THE NORTHERLY LINE OF PARCEL 3 OF SAID CERTIFICATE OF
COMPLIANCE RECORDED SEPTEMBER 27, 1985 AS FILE NO. 85-359769 OF OFFICIAL
RECORDS; THENCE ALONG SAID NORTHERLY LINE, SOUTH 81'37'18" EAST (RECORD=
SOUTH 81 '37'46" EAST), 11 0.57 FEET; THENCE LEAVING SAID NORTHERLY LINE,
SOUTH 09'43'41" EAST, 250.94 FEET TO A POINT ON THE NORTHWESTERLY LINE OF
PARCEL 1 OF SAID PARCEL MAP NO. 15661; THENCE ALONG SAID NORTHWESTERLY
LINE, SOUTH 71 '35'51" WEST, 22.54 FEET TO THE TRUE POINT OF BEGINNING.
THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.649 ACRE MORE OR
LESS.
e
JOHN W. HILL, JR. L.S. 5669
HUNSAKER 8 ASSOCIATES SAN DIEGO, INC.
PAGE 4 OF 4
:DA M:\LEGALS\1758\t002A15.DOC
WO 1758-2 1211 2/96
! DEDICATION PLAT - CITY OF CARLSBAD - ,PPLICANT : PREPARED BY: PROJECT A.P.N.: 21 2-040-39
c 4 lz-2-96 SLOPE EASEMENT AND mpmmy coNsmucnoN -2h 'AC WEST GROUP, INC. 550 WEST " C" STREET
UlTE 1750 ;AN DIEGO, ZA 9210i 619) 544-9100 EXHIBIT L(@" w. HILL, A. L.S. 5669 EA-mT i EXPIRES: 9/30/99 I PR 2.3.115
' 553-7 PF 5537 PLN 13017 Uk
February 5, 1997
Mr. Richard R. Freeland
Asaro, Keagy, Freeland & McKinley
3 170 Fourth Avenue
San Diego, CA 92103
Re: Condemnation of Property in the City of Carlsbad - Aviara Parkway South of
Palomar Airport Road
The Carlsbad City Council, at its meeting of January 28, 1997, adopted Resolution No. 97-40
authorizing and directing the condemnation of road easements for Aviara Parkway south of
Palomar Airport Road.
Enclosed is a copy of Resolution No. 97-40 for your files.
Assistant City Clehf
KRK:ijp
Enclosure
@ 1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-2808
January 22, 1997
Richard R. Freeland
Asaro, Keagy, Freeland & McKinley
Attorneys At Law
Fourth Floor
3170 Fourth Avenue
San Diego CA 92103
RE: NOTICE OF PUBLIC HEARING ON JANUARY 28, 1997, FOR
CONDEMNATION OF PROPERTY FOR THE ALGA ROAD PROJECT
Enclosed for your information is a copy of correspondence
received by the City Clerk in response to your letter to Mr.
James Ukegawa, dated January 10, 1997, regarding the public
hearing to consider condemnation of property for the Alga Road Pro] ect . f
Assistant CiG Clerk
Enc .
c: Ronald Ball
Lloyd Hubbs
Frank Jimeno
@ 1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-2808
*
Charles B. Christensen
Donald W. Detisch
Sean D. Schwerdtfeger
1 1
DETISCH & CHRISTENSEN
Attorneys at Law
444 West C Street, Suite 200
San Diego, California 92101
Tel. (619) 236-9343
Fax (619) 236-8307
January 24, 1997
HAND DELIVERY
City Clerk CITY OF CARLSBAD
1200 Carlsbad Village Drive Carlsbad, California 92008
Re: Alga Road Project - South of Palomar
Hearing Date: January 28, 1997
Our File No. 2075-01
Airport Road
APN 212-040-35, 212-040-48, 212-040-49
Dear City Clerk:
This firm represents Richard C. Kelly and Robert Patrick Kelly, Trustees under Declaration of Trust dated November 25, 1985, and the owners of the above-referenced property. It is our
understanding that the City desires to acquire portions of my clients' property for the construction of Alga Road. This letter is in response to the January 10, 1997 notice and letter signed by Attorney Richard Freeland.
It is our understanding that there are three (3) primary issues to be discussed at the hearing date referenced above:
1. Whether the public interest and necessity require the pro j ect ;
2. Whether the project is planned or located in the manner that will be the most compatible with the greatest public good and the least private injury; and
3. Whether the property sought to be acquired is necessary for the project .
There are serious concerns regarding these issues such that the ttpublic use and necessityIt requirement may not be met and the Council may not be able to answer these questions in the affirmative.
kelly
clerk. 001
1 c
DETISCH & CHRISTENSEN
City Clerk CITY OF CARLSBAD January 24, 1997 Page 2
Pursuant to People ex rel. Department of Transportation v. Richard L. Cole (1992) 7 Cal.App.4th 1281, 9 Cal.Rptr. 750, it is our belief that the offer to purchase is inadequate as a matter of law. The appraisal summary statement is deficient in that it does not include the legal instructions relied upon nor does it explain the value of the $5,000 an acre. Furthermore, there are no comparable sales included so that the valuations cannot be fairly evaluated. It would appear that the offer does not consider the deleterious effect this project has had over previous years upon the real property located within the "take area" and is improperly premised as to the effect of dedications on value. This
information is set forth to comply with the mandates of the above- referenced case.
At this juncture, I would reserve the right to speak and be heard at the public hearing. If we decide not to appear we will At a notify your office telephonically before the hearing. minimum, this letter should be included as part of the administrative record.
Thank you for your courtesy and cooperation.
Sincerely,
DWD : rqt cc: Mr. Richard C. Kelly Mr. Rober% P- Kelly Richard R. Freeland, Esq. Mr. Ronald Ball
kelly
clerk. 001
I.
.
A.sA&. KEAGY, FREELANO & MC~NLEY
Al7ORNbYS AT LAW
COURTM CLOOR
3170 COURTU AVLNUC
SAN OIC00. CAUCORNIA 921-
TCLLPMONC (6101 ZS74l70
CACSIMILL (6191 EOO-UII
CRANK L. ASARO
ROSCOL D. WLAQY
RICMARO 0. CRCCLANO
STLVCN A. MCKINLCY.
*ALSO AOYIRCD IN NEVADA
NOTICE OF PUBLIC HEARING TO ADOPT A RESOLUTION OF NECESSITY
January 10, 1997
Mr. James S. Ukegawa
4218 Skyline Road Carlsbad, CA 92008
RE: Alga Road Project - South of Palomar Airport Road
Dear Mr. Ukegawa:
We have apparently reached an impasse in the negotiations relative to the acquisition of your property for the above-entitled project. It is necessary to resolve this matter as quickly as
possible in a manner which is fair and equitable to both parties. The Superior Court of the County of San Diego provides an impartial agency to hear both sides of a controversy and to render decisions to resolve our differences which, in this case, involves an opinion of value. The procedure is called a Itcondemnationlt or "the right of eminent domain." It is the recommendation of our firm that condemnation proceedings be instituted to settle our controversy.
The City af Carlsbad will hold a public hearing on January 28,
1997, at 6:OO p.m. or as soon thereafter as the matter may be heard at the City Counsel Chambers located at 1200 Carlsbad Village Drive, Carlsbad, California. It is the intent of the City of Carlsbad to consider at that time the adoption of a Resolution
Mr. James S. Ukegawa Page 2
of Necessity to authorize the condemnation of your property for the Alga Road Project.
Pursuant to California Code of Civil Procedure Section
1245.235, each person whose property interests are to be acquired by eminent domain has the right to appear and be heard at the hearing. The City of Carlsbad will -determine whether (a) the - public interest and: necessity require the project; (b) the project
is planned or located in the manner that will be the most compatible with the greatest public good and the least private injury; and (c) the property sought to be acquired is necessary for the project.
If you wish to speak either for or against the issues which are outlined above, you must file a written request within fifteen
(15) days from the date of this letter. Failure to file a written
request to appear and be heard in the office of the City Clerk of the City of Carlsbad within fifteen (15) days after the date this Notice is mailed will result in waiver of the right to appear and 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: Alga Road Project - South of Palomar Airport Road January 28, 1997 Hearing Date
Please feel free to call us should you have any questions.
Very truly yours,
ASARO, KEAGY, FREELAND /T=INLEy
RRF : crw cc: Ronald Ball City Clerk Frank Jimeno Lloyd Hubbs
RICHARD R. FREELAND
2