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HomeMy WebLinkAbout1997-01-28; City Council; 14021; Condemnation of Property for Aviara ParkwayL 1 B# /y,oLl !TG. 1/28/97 IEPT. ENG Q 0 oK ‘Q 9 2 2 0 F 0 4 z 3 0 0 3 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) c-rpi m2d 0%) 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. + 1 I I PROJECT NAME COBBLESTONE SEA VILLAGE - Exhibit 1 EXH l BIT I LOCATION AP KELLY CITY OF OCEANSIOE 1 '. - 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 RSO:KELLY.OFF t- H H a 1 X W W 'I Z CT x 1 3 Z W a a n a a a a 0 (r3 I , S. 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 , ‘7 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 c t- H H m I: X W LLI u Z a a m E 3 c3 z W n a a a 0 QT (r3 i a 7 w c3 w -J . 4 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 . .- . .. .. -_ 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 .. 2 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 2 '. 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 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 .- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 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. I '- ,- I .- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 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 \ -- I.. 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 .- 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