HomeMy WebLinkAbout1998-03-24; City Council; 14601; Condemnation of Property for Aviara Parkway4B# /ThO/
MTG. 3-24-98
DEPT. ENG
c -1
Cll 1' OF CARLSBAD -AGENDA BILL
TITLE: DEPT. HD
APPROVING ADDITIONAL CONDEMNATION OF
PROPERTY FOR AVIARA PARKWAY - UTILITY PURPOSES ClTYATTY-
(CT 84-32A)
RECOMMENDED ACTION:
Adopt Resolution No. 98 77 authorizing and directing the condemnation of the additional property interests required for the relocation of SDG&E facilities necessary for the Aviara Parkway project.
ITEM EXPLANATION:
On January 28, 1997, the City Council adopted Resolution No. 9740 authorizing the condemnation of real property for the Aviara Parkway project. Subsequent to the adoption of this resolution and during the pendency of the condemnation action, it was determined that additional rights-of-way were necessary for the relocation of the San Diego Gas & Electric utilities. The affected property owners, Richard C. Kelly and Robert Patrick Kelly, Trustees under Declaration of Trust dated November 25, 1985, have agreed that the condemnation action presently pending may be amended to allow the taking of these additional property interests. As part of the agreement, the property owners waived the requirement that the supplemental property be appraised and that an offer be made to the owners of record prior to adoption of a resolution of necessity. The property owners further waived notice of the hearing to adopt the resolution of necessity, and the opportunity to appear and be heard at the hearing relating to the adoption of the resolution of necessity, and all defenses relating to the right to take the supplemental property. The amount of the supplemental take is minimal as depicted on the plat attached hereto and incorporated herein by this reference.
It is, therefore, recommended that the City Council adopt the attached condemnation resolution authorizing the condemnation of the supplemental property. This action does not preclude staff from continuing negotiations with the owners. Adoption of the resolution of necessity to condemn requires a two-thirds vote of the City Council and conclusively establishes the findings contained therein.
ENVIRONMENTAL REVIEW:
The City Council on June 4, 1984, certified an Environmental Impact Report for the project.
GENERAL PLAN CONSISTENCY:
On July 20, 1993, the City Council found that the proposed location, purpose, and extent of the
project is consistent with the City of Carlsbad General Plan.
FISCAL IMPACT:
The full purchase price of the additional right-of-way as well as legal and court costs will be paid by the developer, Greystone Homes, Inc.
EXHl BITS :
1. Location Map.
2. Resolution No. 98 - 39 directing the condemnation of necessary property interests for the Aviara Parkway project.
3. Legal description and plats for the property interests required attached as Exhibits A (ownership parcels), B (easement) and C (plat) to above resolution.
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RESOLUTION NO. 98-79
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
Zalifornia, previously adopted Resolution No. 93-206 approving with conditions Tentative Map
ST 84-32(A), and requiring the developer to provide off-site road easements and construct offsite
Pads (Aviara Parkway) within said easements in conjunction with the development of its property
mown and designated as Cobblestone Sea Village; and
WHEREAS, on January 28, 1997, the City Council of the City of Carlsbad, State of
:alifornia, adopted Resolution No. 97-40 authorizing and directing the condemnation of property
nterests for the Aviara Parkway project; and
WHEREAS, subsequent to the adoption of Resolution No. 97-40, it was determined that
additional property interests are necessary for the Aviara Parkway project; 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
2alifornia Government Code Sections 37350 and 37350.5; and 37353; and
WHEREAS, the real property or interest therein sought to be acquired for the proposed
iroject are located within the territorial limits of the City of Carlsbad; and
WHEREAS, the real property or interests therein sought to be acquired are necessary for
he proposed project; and
WHEREAS, the plans for the project in the City of Carlsbad are on file with the City
,ngineer of the City of Carlsbad, California; and
WHEREAS, the City of Carlsbad has not provided the owners of the properties a written
itatement and summary of the basis for the amount established as just compensation for the
)roperties sought to be acquired because this requirement has been waived by the owners of
ecord; and
WHEREAS, a formal offer as required by Section 7267.2 of the Government Code of the
ull amount established as just compensation for the properties has been waived by the owners
)f record; and
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WHEREAS, a reasonable length of time since the City of Carlsbad announced intent to
acquire the properties has been waived as well as notice requirements, challenge to the City's
right to take, formal offer; and
WHEREAS, pursuant to the provisions of the California Code of Civil Procedure Section
1245.235, the owners of the properties whose names and addresses appear on the current
equalized County Assessment Roll, have waived the requirement to be sent a Notice of Intention
to Adopt a Condemnation Resolution; 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.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows:
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2.
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.
3. The real property or interests therein, hereinafter described in this Resolution, are
necessary for the proposed project.
4.
5.
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.
6. 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;
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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 a 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 Exhibit "A".
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
held on the 24th day of March , 1998 by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Nygaard, Kulchin and Hall
NOES: None
ABSENT: None
RTTEST:
1 n-
9LETHA L. MUTENKMNZ, City Clerk
5
FORM 1283-A
LITIGATION GUARANTEE
SCHEDULE A (REV. 12/15/95)
448 '
ORDER NO. 1132043-11
5. THE LAND REFERRSD TO IN THIS GUARANTEE IS DESCRIaED AS
FOLLOWS :
PARCEL 1:
THAT 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 :
BEGINNING AT AN ANGLE POINT IN THE SOUTHERLY BOUNDARY LINE OF PARCEL 1 OF SAID CERTIFICATE OF COMPLIANCE RECORDED SEPTEMBER 27,
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 83O42'01" 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 86O35'33" WEST;
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 07O40'49" A DISTANCE OF 195.98 FEET; THENCE NORTH 11O05'16" 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 95O04'30" 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
1985 AS FILE NO. 85-359768 OF OFFICIAL RECORDS, SAID POINT BEING
THENCE LEAVING SAID SOUTHERLY BOUNDARY LINE, NORTHERLY ALONG THE
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 OOO17'39" A DIS!X"TE OF 11.17 FEET TO
THE BEGINNING OF A COMPOUND 25.00 FOOT RADIUS CURVE CONCAVE
EAST; THENCE EASTERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 94O46'51" A DISTANCE OF 41.36 FEET;
THENCE CONTINUING ALONG SAID SOUTHERLY RIGHT-OF-WAY THE FOLLOWING SOUTH 1l005'1611 WEST, 10.00 FEET; THENCE SOUTH 78O54'44" EAST,
1Q2.00 FEET; THENCE NORTH 11O05'16" 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 87O19'53" 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
SOUTHWESTERLY, A RADIAL urn TO SAID POINT BEARS NORTH 06018/2511
TO SAID POINT BEARS NO- -- 08O25'09" EAST; THENCE LEAVING SAID .--
'.
, . . - . __ .
FORM 1283-A
LITIGATION GUARANTEE
SCHEDULE A (REV. 12/15/95)
4 449 '
ORDER NO. 1132043-11
SOUTHERLY RIGHT-OF-WAY LINE WESTERLY, AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 87O19'53" A DISTANCE OF 38.11 FEET; THENCE SOUTH 11°05'16" 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 29O22'30" 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 49O32'14"
WEST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 29O22'30" 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 T'ROUGH A CENTRAL ANGLE OF 06O18'04" A DISTANCE OF
148.36 FEET TO A POINT ON THE SOUTHERLY BOUNDARY LINE OF SAID
PARCEL 1; THENCE ALONG SAID S0'VI"ERLY BOUNDARY LINE, NORTH
81O37'18" WEST (RECORD= NORTH 81O37'46" WEST), 46.97 FEET TO THE POINT OF BEGINNING.
PARCEL 2:
AN EASEMENT FOR DRAINAGE PURPOSES OVER A STRIP OF LAND 20.00 FEET
WIDE IN THE CITY OF CARLSBAD, COUNTY OF SA." DIEGO, STATE OF
CALIFORNIA, BEING THAT PORTION OF PARCEL D OF PARCEL MAP NO. 2993, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON AUGUST
FOLLOWS :
23, 1974 AS FILE NO, 74-230326, THE CENTERLINE BEING DESCRIBED AS
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 P-OINT 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
71O35'51" EAST, 103.27 FEET TO THE EASTERLY SIDELINE OF SAID 102.00
FOOT WIDE ROADWAY EASEMENT, SAID POINT BEING THE BEGINNING OF A
LINE OF SAID CURVE TO SAID POINT BEARS SOUTH 80O56'07" WEST; SAID
NON-TANGENT 1,349.00 FOOT RADIUS CURVE CONCAVE EASTERLY, A RADIAL
POINT BEING ON THE EASTERLY RIGHT-OF-WAY LINE OF AVIAFS PARKWAY PER crky OF CARLSBAD PROJECT 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°05'16" EAST, 181.26 FEET TO A TANGENT 25.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALOq SAID CURVE THROUGH A CENTFYG ANGLE OF
c- -- . PAGE 4
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FORM 1283-A LITIGATION GUARANTEE
SCHKDULE A (REV. 12/15/95)
ORDER NO. 1132043-11
29O22'30" AN ARC LENGTH OF 12.82 FEET TO A POINT OF REVERSE CURVE
EAVING A RADIUS OF 45.00 FEET; THENCE NORTHEASTERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 29 O22 ' 30 'I AN ARC LENGTH OF 23.07
FEET; THENCE TANGENT TO SAID CURVE NORTH 11°05'16" EAST, 117.07 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID EASTERLY
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 8O25' 09" EAST,
10.25 FEET TO A POINT ON THE SOUTHERLY SIDELINE OF PALOMAR AIRPORT
RIGHT-OF-WAY LINE, NORTH 78O7.9'04" EAST, 13-41 FEET TO A TANGENT
ROAD PER DOCUMENT RECORDED AUGUST 25, 1988, AS FILE NO. 88-426571 OF OFFICIAL RECORDS, SAID POINT BEING THE POINT OF TERMINUS OF SAID CENTERLINE.
THE SICELINES 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 ERSTERLY SIDELINE BEARS NORTH 11°05'16" EAST THROUGH THE TRUE POINT OF BEGINNING AND TERMINATE NORTHERLY IN
THE SOUTHERLY SIDELINE OF PALOMAR AIRPORT ROAD.
PARCEL 3:
AN EASEMENT FOR SLOPE PURPOSES OVER 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:
COMMENCING AT AN ANGLE POINT IN THE SOUTHERLY BOUNDARY LINE OF PARCEL 1 OF SAID CERTIFICATE OF COMPLIANCE RECORDED SEPTEMBER 27,
THE EASTERLY TERMINUS OF THAT COURSE SHOWN AND DESCRIBED IN SAID CERTIFICATE OF COMPLIANCE AS NORTH 83O42'01" WEST, 254.06 FEET; THENCE RETRACING ALONG SAID SOUTHERLY BOUNDARY LINE, NORTH
83O41'35" WEST (RECORD= NORTH 83O42'01" WEST), 61.33 FEET TO THE
EASTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 86O35'33" WEST;
THENCE LEAVING SAID SOUTHERLY BOUNDARY LINE, NORTHERLY ALONG THE
AFQC 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 CURVE THROUGH A CENTRAL ANGLE OF
01O39'32" 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
PAC OF SAID CURVE THROUG- CENTRAL ANGLE OF 79O35'38" A DISTANCE
1985 AS FILE NO. 85-359768 OF OFFICIAL RECORDS, SAID POINT BEING
BEGINNING OF A NON-TANGENT 1462.00 FOOT RADIUS CURVE CONCAVE
-XI,
PAGE 5
FORM 1283-A
LITIGATION GUARANTEE
SCHEDULE A (REV. 12/15/95)
ORDER NO. 1132043-11
OF 34.73 FEET; THENCE SOUTH 12O17'34" WEST, 245.05 FEET; THENCE SOUTH 16°00'3511 WEST, 48.56 FEET; THENCE SOUTH 89O50'07" WEST,
115.00 FEET; THENCE SOUTH 11°07'25" WEST, 53.00 FEET; THENCE SOUTH
71O12'10" EAST, 106.06 FEET; THENCE NORTH 82~~32'21" EAST, 40.00 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL 4:
AN EASEMENT FOR SLOPE PURPOSES OVER A PORTION OF PARCELS 1 AND 2 OF
CERTIFICATE OF COMPLIANCE RECORDED SEPTEMBER 27, 1985 AS FILE NO.
85-359768 OF OFFICIAL RECORDS, IN THE CITY OF CARLSBAD, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT AN ANGLE POINT IN THE SOUTHERLY BOUNDARY LINE OF PARCEL 1 OF SAID CERTIFICATE OF COMPLIANCE RECORDED SEPTEMBER 27,
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
83O41'35" WEST (RECORD= NORTH 83O42'01" WEST), 81.33 FEET TO THE
TRUE POINT OF BEGINNING; THENCE RETRACING ALONG SAID SOUTHERLY
BOUNDARY LINE, SOUTH 83O41'35" EAST (RECORD= NORTH 83°42'0111 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
86O35'33" 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 72O36'17" WEST,
9.16 FEET; THENCE SOUTH 15O26'47" WEST, 58.25 FEET TO THE TRUE
POINT OF BEGINNING.
1985 AS FILE NO. 85-359768 OF OFFICIAL RECORDS, SAID POINT BEING
PARCEL 5:
AN EASEMENT FOR SLOPE PURPOSES OVER A PORTION OF PARCELS 1 AND 2 OF
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:
CERTIFICATE OF COMPL-IANCE RECORDED SEPTEMBER 27, 1985 AS FILE NO.
COMMENCING AT AN ANGLE POINT IN THE SOUTHERLY BOUNDARY LINE OF
PqRCEL 1 OF SAID CERTIFICATE OF COMPLIANCE RECORDED SEPTEYIER 27,
19'85 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 83O42' 01" WEST, 254 - 06 FEET; THENCE ALONG SAID SOUTHERLY BOUNDARY LINE, SOUTH 81O37' 18 It EAST
BEGINNING; THENCE RETRACqG ALONG SAID SOUTHERLY BOUNDARY LINE, (RECORD= NORTH 81'37' 46" .*WEST) , 78.97 FEET TO THE TRUE POINT OF
\:. PAGE 6
432
FORM 1283-A
LITIGATION GU-E
SCHKDULE A (REV. 12/15/95)
ORDER NO. 1132043-11
NGRTX 81O37'18" WEST, 32.00 FEET TO THE BEGINNING OF A NON-TANGENT
1349.00 FOOT RADIUS CURVE CONCAVE EASTERLY A RADIAL LINE TO SAID POIXT BEARS NORTH 85 O 12' 48 It WEST; THENCE LEAVING SAID SOUTHERLY BOUNDARY LINE, NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTW ANGLE OF 02O23'33" A DISTANCE OF 56.33 FEET; THENCE SOUTH
72O35'17" EAST, 25.00 FEET; THENCE SOUTH 02°04'44f1 EAST, 53.24 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL 6:
AN EASEMENT FOR SLOPE PURPOSES OVER A PORTION OF PARCELS 1 AND 2 OF
CERTZFICATE 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 :
COMMENCING AT AN ANGLE POINT IN THE SOUTHERLY BOUNDARY LINE OF PARCSL 1 OF SAID CERTIFICATE OF COMPLIANCE RECORDED SEPTEMBER 27,
THE EASTERLY TERMINUS OF THAT COURSE SHOWN AND DESCRIBED IN SAID CERTIFICATE OF COMPLIANCE AS NORTH 83O42' 01" WEST, 254.06 FEET;
THENCE ALONG SAID SOUTHERLY BOUNDARY LINE, SOUTH 81O37'18" EAST
(RECORD= NORTH 81O37'46" 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 85O12'48" WEST; THENCE LEAVING SAID
SOUTHERLY BOUNDARY LINE, NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 06°18'04", A DISTANCE OF 148.36 FEET; THENCE NORTH 11°05'1611 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 NORT:IWESTERLY, A RAQIAL LINE TO SAID POINT BEARS SOUTH 49O32'14"
EAST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENT- ANGLE OF 29O22'30" A DISTANCE OF 23.07 FEET; THENCE NORTH
11O05'16" EAST, 150.40 FEET TO THE BEGINNING OF A TANGENT 25.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY AND
EASTZRLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
87O19'53" A DISTANCE OF 38.11 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF PALOMAR AIRPORT ROAD AS DESCRIBED IN DEEDS RgCORDED AUGUST 25, 1988 FILE NO. 88-426571 AND 88-426572 OF OFFICIAL RECORDS; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE,
SOUTH 81O34 ' 511' EAST, 59.00 FEET; THENCE LEAVING SAID SOUTHERLY
RIGHT-OF-WAY LINE, SOUTH 09O43'01" WEST, 287.29 FEET; THENCE NORTH
27O2C)' 57" WEST, 30.00 FEET.; THENCE NORTH 78O54'44" WEST, 80.00 FEET
1985 AS FILE NO. 85-359768 OF OFFICIAL RECORDS, SAID POINT BEING
m 10 TI-IE TRUE POINT OF BEGFING.
-\--
' PAGE 7 .
. 453
FORM 1283-A
LITIGATION GUARANTEE
SCHEDULE A (REV. 12/15/95)
ORDER NO. 1132043-11
PARCEL 7:
AN EASEMENT FOR TEMPORARY CONSTRUCTION PURPOSES OVER A PORTION OF
PARCELS 1 AND 2 OF CERTIFICATE OF COMPLIANCE RECORDED SEPTEMBER 27.,
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
1985 AS FILE NO. 85-359768 OF OFFICIAL RECORDS, IN THE CITY OF
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 TE-RMINUS 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
83O41'35" WEST (RECORD= NORTH 83O42'01" WEST), 81.33 FEET TO THE
TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTHERLY
BOUNDARY LINE,, NORTH 83O41'35" WEST, 60.00 FEET; THENCE LEAVING
SAID SOUTHERLY BOUNDARY LINE, NORTH 24O28'09" WEST, 177.59 FEET;
THENCE NORTH 11°07'251r EAST, 90.44 FEET; THENCE NORTH 56O27'40"
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. 88-426571AND
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
CENTRAL, ANGLE OF OOO52'41" A DISTANCE OF 33.33 FEET TO THE
BEGINNING OF A COMPOUND 25.00 FOOT RADIUS CURVE CONCAVE
SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE
OF 15°28'52tt A DISTANCE OF 6.75 FEET; THENCE SOUTH 12O17'34" WEST,
245.05 FEET; THENCE SOUTH 16°00'35" WEST, 48.56 FEET; THENCE SOUTH
FEET; THENCE SOUTH- 71O12'10" EAST, 106.06 FEET; THENCE SOUTH
83O32'21" WEST, 35.16 FEET; THENCE SOUTH 04O35'28" WEST, 67.68
FEET; THENCE SOUTH 72O36'17" EAST, 61.37 FEET; THENCE SOUTH
15O26'47" WEST, 58.25 FEET TO THE TRUE POINT OF BEGINNING.
SOUTHERLY RIG"J?-OF-WAY LINE AND THE ARC OF SAID CURVE THROUGH A
SOUTHWESTERLY; THENCE LEAVING SAID SOUTHERLY RIGHT-OF-WAY LINE
89°50'07" WEST, 115;OO FEET; THENCE SOUTH 11O07'25" WEST, 53.00
PAGE 8
- 454
FORM 1283-A
LITIGATION GUARANTEE
SCHEDULE A (REV. 12/15/95)
ORDER NO. 1132043-11
P-UCEL 8:
AN EASEMENT FOR TEMPOMY CONSTRUCTION PURPOSES OVER A PORTION OF PARCELS 1 AND 2 OF CERTIFICATE OF COMPLIANCE RECORDED SEPTEMBER 27,
IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
1985 AS FILE NO. 85-359768 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY,
COMMENCING AT AN ANGLE POINT IN THE SOUTHERLY BOUNDARY LINE OF PARCEL 1 OF SAID CERTIFICATE OF COMPLIANCE RECORDED SEPTEMBER 27,
THE EASTERLY TERMINUS OF THAT COURSE SHOWN AND DESCRIBED IN SAID
CERTIFICATE OF COMPLIANCE AS NORTH 83O42'01" WEST, 254.06 FEET;
THENCE ALONG SAID SOUTHERLY BOUNDARY LINE, SOUTH 81O37'18" EAST
(RECORD= NORTH 81O37'46" WEST), 78.97 FEET TO THE TRUE POINT OF
BEGINNING; THENCE LEAVING SAID SOUTHERLY BOUNDARY LINE, NORTH
02O04'44" WEST, 53.24 FEET; THENCE SOUTH 72O36'17" EAST, 121.23 FEET; THENCE SOUTH 07°31'04" WEST, 33.36 FEET TO A POINT ON SAID SOUTHERLY BOUNDARY LINE; THENCE ALONG SAID SOUTHERLYBOUNDARY LINE,
NORTH 8lo37'18l1 WEST, 110.57 FEET TO THE TRUE POINT OF BEGINNING.
1985 AS FILE NO. 85-359768 OF OFFICIAL RECORDS, SAID POINT BEING
PARCEL 9:
AN EASEMENT FOR TEMPORARY CONSTRUCTION PURPOSES OVER A PORTION OF PARCELS 1 AND 2 OF CERTIFICATE OF COMPLIANCE RECORDED SEPTEMBER 27,
IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
1985 AS FILE NO. 85-359768 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY,
COMMENCING AT AN ANGLE POINT IN THE SOUTHERLY BOUNDARY LINE OF
PARCEL 1 OF SAID CERTIFICATE OF COMPLIANCE RECORDED SEPTEMBER 27,
THE EASTERLY TERMINUS OF THAT COURSE SHOWN AND DESCRIBED IN SAID
CERTIFICATE OF COMPLIANCE AS NORTH 83O42'01" WEST, 254.06 FEET;
THENCE ALONG SAID SOUTHERLY BOUNDARY LINE, SOUTH 8 1 O 3 7' 18 It EAST
(RECORD= NORTH 81037'46" WEST), 78.97 FEET; THENCE CONTINUING ALONG
SAID SOUTHERLY BOUNDARY LINE, SOUTH 81O37'18" EAST (RECORD= NORTH
81O37'46" WEST) , 110.57 FEET; THENCE LEAVING SAID SOUTHERLY
BOUNDARY LINE, NORTH 07O31'04" EAST, 198.36 FEET TO THE TRUE POINT
OF BEGINNING; THENCE CONTIWING NORTH 07O31'04" EAST, 338.89 FEET
TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF PALOMAR AIRPORT
RdAD AS DESCRIBED IN DEEDS RECORDED AUGUST 25, 1988 FILE NO. 88-
1985 AS FILE NO. 85-359768 OF OFFICIAL RECORDS, SAID POINT BEING
426571 AND 88-426572 OF OFFICIAL RECORDS; THENCE ALONG SAID
SOUTHERLY RIGHT-OF-WAY LINE, NORTH 81O34'51" WEST, 25.36 FEET; THENCE LEAVING SAID SOUTHERLY RIGHT-OF-WAY LINE, SOUTH 09°43'01" WEST, 287.29 FEET; THENCE,SOUTH 27O20'57" EAST, 63.64 FEET TO THE TRUE POINT OF BEGINNING.+
-\5.:. PAGE 9 '
,I ..
.. 4 5 5'.
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FORM 1283-A
LITIGATION GUARANTEE
SCEEDULE A (REV. 12/15/95)
ORDER NO. 1132043-11
PARCEL 10 :
AN EASEMENT FOR DRAINAGE PURPOSES OVER A PORTION OF PARCELS 1 AND
2 OF CERTIFICATE OF COMPLIANCE RECORDED SEPTEMBER 27, 1985 AS FILE
OF CARLSBAD, COUNT'I OF SAN DIEGO, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
NO. 85-359768 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY, IN THE CITY
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 83O42' 01" WEST, 254.06 FEET;
THENCE RETRACING ALONG SAID SOUTHERLY BOUNDARY LINE, NORTH
83O41'35" WEST (RECORD= NORTH 83O42'01" WEST), 61.33 FEET TO THE
EASTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 86O35'33" WEST; 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 80O34'16" 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 72O36'17" WEST, 70.53 FEET; THENCE NORTH 04O35'28" EAST, 67.68 FEET; THENCE NORTH 83O32'21"
QAST, 75.16 FEET TO THE TRUE POINT OF BEGINNING.
BEGINNING OF A NON-TANGENT 1462.00 FOOT RADIUS CURVE CONCAVE
PARCEL 11:
AN EASEMENT FOR DRAINAGE PURPOSES OVER 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:
COMMENCING AT AN ANGLE POINT IN THE SOUTHERLY BOUNDARY LINE OF
PARCEL 1 OF SAID CERTIFICATE OF COMPLIANCE RECORDED SEPTEMBER 27,
THE EASTERLY TERMINUS OF THAT COURSE SHOWN AND DESCRIBED IN SAID CERTIFICATE OF COMPLIANCE AS NORTH 83°42'01'f WEST, 254.06 FEET; T%ENCE ALONG SAID SOUTHERLY BOUNDARY LINE, SOUTH 81O37'18" EAST
(RECORD= NORTH 81O37'46" WEST), 78.97 FEET; THENCE CONTINUING ALONG
SAID SOUTHERLY BOUNDARY LINE, SOUTH 81O37'18" EAST (RECORD= NORTH
81O37'46" 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 CONTIWING NORTH 07O31'04" EAST, 165.00 FEET;
93.64 FEET; THENCE NORTH 78O54'44" THENCE NORTH 2 7 O 2 0 ' 5 7 I'
PAGE LO'
1985 AS FILE NO. 85-359768 OF OFFICIAL RECORDS, SAID POINT BEING
TT \.- ,
.-
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FORM 1283-A
LITIGATION GUARANTEE
SCagDULE A (REV. 12/15/95)
ORDER NO. 1132043-11
WEST, 80.00 FEET; THENCE SOUTH 11°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 03OS4'31" A DISTANCE OF 92.03 FEET; THENCE SOUTH
72O36'17" EAST, 146.23 FEET TO THE TRUE POINT OF BEGINNING.
* -i. PAGE 11'
4 457
EASEMENT
RICHARD C. KELLY and ROBERT PATRICK KELLY, Trustees Under Declaration
of Trust Dated November 25, 1985 hereinafter called "Grantor", grants to CITY OF
CARLSBAD, a municipal corporation, "Grantee", an easement and right of way to erect,
construct, change the size of, improve, reconstruct, relocate, repair, maintain and use
facilities. consisting of: (I) underground electric facilities and appurtenances for the
transmission and distribution of electricity, (2) underground communication facilities and
appurtenances, together with the right of ingress thereto and egress therefrom over said
easement and over other practical route across Grantor's land situated in the County of
San Diego, State of California.
Parcel 2 of Adjustment Plat No. 295, filed February 15, 1990 at Document No. 90-
085877 in the Office of the County Recorder of said County of San Diego, described in a
Deed recorded May 74, 1990 at Recorder's File/Page No. 90-263314 of Official Records
of said County Recorder.
The said easement in the aforesaid land shall be 8.00 feet in width, the centerline
of which shall be the centerline of the facilities as installed on Grantor's property, the
approximate location being shown and delineated on Exhibit "A" attached hereto and made
a part hereof.
Grantor will exercise only such reserved rights in said land as will not interfere with
or prohibit the free and complete use and enjoyment by Grantee, its successors or assigns,
of the rights hereby granted. Grantee shall have the right to assign any or all rights
granted in this easement in whole or in part to other companies providing utility or
communication services. Grantee shall have the right- to top, cut, remove, or trim
interfering plants and trees, and to keep said easement free from and to prevent any
person, including Grantor, its successors and assigns, from erecting, placing, or storing on
said easement any flammable or other hazards and any structures, objects, or earth
fills/cuts or other obstructions, except walls and fences.
Dated:
-
-
Richard C. Kelly, Trustee
Robert Patrick Kelly, Trustee
, I' . '. 8 '.
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