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HomeMy WebLinkAbout1998-05-19; City Council; 14684; Poinsettia Lane Extension CondemnationCFr I’ OF CARLSBAD - AGENDA iLL AB# iy b8 ‘-! TITLE: AUTHORIZING AND DIRECTING THE CONDEMNATION OF PROPERTY FOR THE MTG. S/l 9J98 POINSETTIA LANE EXTENSION AND CITY ATTY. s/i% DEPT. BRIGANTINE DRIVE PROJECT * ENG CITY MGR. + I RECOMMENDED ACTION: Adopt Resolution No. c)8 0 / < / authorizing’and directing the condemnation of certain real property interests in the City of Carlsbad, State of California, for the Poinsettia Lane Extension and Brigantine Drive Project and declaring the public necessity thereof. I ITEM EXPLANATION: Staff is seeking Council authorization for the condemnation of real property along the future alignment of Poinsettia Lane from Aviara Parkway to Black Rail Road and along future Brigantine. Drive from Poinsettia Lane to the Ocean Bluff project site (CT93-09). Poinsettia Lane is a major east/west circulation route which is classified in the City’s General Plan as a major arterial road with a right-of- way width of 102 feet. Brigantine Drive is a local street with an ultimate right-of-way width of 60 feet extending north from the future Poinsettia Lane to the Ocean Bluff subdivision. The construction of these two streets is needed 1) to complete the arterial improvement of Poinsettia Lane in accordance with the Circulation Element of the General Plan and 2) to provide public access to the Ocean Bluff development. A condition of tentative map approval for Ocean Bluff requires developer dedication and improvement of the north half of Poinsettia Lane from Aviara Parkway to Brigantine Drive(ldentified as Reach 1 of Poinsettia Lane) and half plus 12 feet of Brigantine Drive from Poinsettia Lane to the subdivision boundary. The construction of these two roads, which are off site from the Ocean Bluff project site, will serve as primary access to the Ocean bluff project. The extension of Poinsettia Lane from Brigantine Drive to Black Rail Road (Reach 2 of Poinsettia Lane) would complete the arterial linkage from Interstate 5 to Black Rail Road. This arterial linkage is identified in the Circulation Element of the General Plan and is included within the City’s Capital Improvement Program. Staff has worked cooperatively with the Ocean Bluff developer to include the south half of Reach I and all of Reach 2 (minus the frontage improvements which are the obligation of the adjoining property owners) within the developer’s construction program. The developer has agreed to include the additional Poinsettia Lane improvements within their construction program provided that the City secures the necessary rights-of-way and provided that the developer is promptly reimbursed for the additional work. The developer is currently processing an amendment to the Ocean Bluff tentative map which will revise the conditions of approval to reflect the added obligation to construct the expanded Poinsettia Lane improvements. A reimbursement agreement was prepared and is scheduled for Council approval tonight by way of a separate agenda bill. The California Subdivision Map Act states that when a developer is required, as a condition of approval of a tentative map, to construct off site improvements on property in which neither the developer nor the governmental agency has sufficient title or interest to permit the improvements, that the governmental entity must acquire the property, either through negotiations or condemnation proceedings, and if it does not so acquire the property, the condition for construction of the off site improvements is conclusively deemed to be waived. I Page 2 of Agenda Bill No. .;i@$q In March of 1998, Council approved a consultant contract with JANMAC INC. to contact the various property owners impacted by the construction of Poinsettia Lane and Brigantine Drive and to negotiate with them for the required rights-of-way. Appraisals were made of the property interests required, offers based upon the appraisals were made to the property owners, and negotiations with the property owners have been held. A tentative agreement was reached with one of the eight property owners impacted by the roads; however, a signed agreement from this property owner has not yet been received by the City. For this reason, staff is recommending that Council initiate eminent domain proceedings against all eight affected property holdings. Adoption of a resolution of necessity is required before the City can commence an eminent domain proceeding. 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 May 14, 1998, nor the request of any person not an owner of the property whose name and address appear on the last equalized County Assessment Roll. Adoption of the Resolution of Necessity requires a two-thirds (2/3) vote of the City Council and conclusively establishes the findings contained therein. Approval of the Resolution of Necessity does not preclude reaching settlement with a property owner prior to filing an action with the Court. The condemnation attorney may continue negotiations with the property owner if it appears that a mutual settlement is attainable within the time frame needed to maintain the developer’s approved construction schedule. The finding of General Plan Consistency for the alignment of Poinsettia Lane and Brigantine Drive was granted by the Planning Commission pursuant to the approvals of the Zone 20 Specific Plan and the tentative map for the Ocean Bluff subdivision. ENVIRONMENTAL REVIEW: The alignment of Poinsettia Lane from Aviara Parkway to Black Rail Road was included within the Zone 20 Specific Plan project description for which an EIR was certified (EIR 90-03). The Ocean Bluff tentative map which received a Notice of Prior Compliance on September 21, 1995 showed the extension of Poinsettia Lane along the same alignment approved in the Zone 20 Specific Plan and included all applicable mitigation measures of EIR 90-03 as conditions of approval. FISCAL IMPACT: The condemnation costs for Poinsettia Lane will be paid from funds generated through collection of the Bridge and Thoroughfare District No. 2 fees. The condemnation costs for Brigantine Road will be paid for by the Ocean Bluff developer. Based upon the property appraisal report, the estimated cost to acquire all necessary property rights is estimated at $451,000. An additional $137,000 is needed to pay for the services of the condemnation attorney. $30,900 was previously authorized by Council to pay for the services of the property acquisition consultant. The estimated total cost to acquire the necessary right-of-way, slope easements and temporary construction easements for Poinsettia Lane and Brigantine Drive is $618,900. Of this amount, approximately $61,470 will be paid by the developer as their sole obligation to provide access to the Ocean Bluff project site. The developer has posted cash deposits in the amount of $61,470 to guarantee payment of their share of the acquisition costs. Page 3 of Agenda Bill No. / I The remaining $557,430 will be paid from the revenues generated by the adoption of Bridge and Thoroughfare District No. 2 (Aviara Parkway/Poinsettia Lane). Funds in the amount of $250,000 were appropriated in the Fiscal Year 97-98 budget for alignment studies, preliminary environmental work and property acquisition for Poinsettia Lane from Aviara Parkway to El Camino Real. EXHIBITS: 1. Location Map. 2. 3. Condemnation Site Map Resolution No. 9 8 * 15 i authorizing and directing the condemnation of certain real property interests in the City of Carlsbad, State of California, for the Poinsettia Lane Extension and Brigantine Drive Project and declaring the public necessity thereof. 3 LOCATION MAP _--- _---- NOT TO SCALE PROJECT NAME POINSETTIA LANE EXHIBIT PROPERTY A CQlJiSlTlON 7 uttJ 1. I : I ; i I i j { : I I I I I -. !Y 3 4 5 6 7 8 9 IO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 98-151 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, FOR THE POINSETTIA LANE EXTENSION AND BRIGANTINE DRIVE PROJECT AND DECLARING THE PUBLIC NECESSITY THEREOF. WHEREAS, the City of Carlsbad, County of San Diego, State of California, proposes to construct the extension of Poinsettia Lane from Aviara Parkway to Black Rail Road and Brigantine Drive from Poinsettia Lane north to the Oceanbluff development, hereinafter referred to as “the project”; and WHEREAS, the project requires the acquisition of certain real property and real property interests, including, but not limited to road right-of-way, drainage easements, slope easements, and temporary construction easements; 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 territorial 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 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 26 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 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 acquked, 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, the property and interest therein hereinafter described is being acquired as a “remnant” pursuant to California Code of Civil Procedure Section 1240.410; and WHEREAS, the property and interest therein hereinafter described is being acquired for a compatible joint use pursuant to California Code of Civil Procedure Section 1240.510; and WHEREAS, the property and interest therein hereinafter described is being acquired for a more necessary public use pursuant to California Code of Civil Procedure Section 1240.610; and WHEREAS, on June 16, 1993 pursuant to Planning Commission Resolution No. 3526 and subsequently on December 20, 1995 pursuant to Planning Commission Resolution No. 3869, the Planning Commission 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 16, 1993, pursuant to California Public Resources Code Section 21000 and following, the City Council of the City of Carlsbad, California, certified EIR 90-03 for the project and subsequently on September 21, 1995 the Planning Director for said City issued a Notice of Prior Compliance for the project which included all applicable mitigation measures of EIR 90-03; and WHEREAS, pursuant to the provisions of California Code of Civil Procedure, Section 1245,235, the owners of the real property 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; and 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 - NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, which finds, determines, and hereby declares: 1. The public interest and necessity require the proposed project. 2. 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. The proposed project is a matter of public necessity. 5. 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 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; I// Ill 1 2 3 4 5 6 7 a 9 10 11 12 13 16 17 16 19 20 21 22 23 24 25 26 27 28 -. - The real property and interests therein 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 Exhibit “A” attached hereto. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 19 day of Mav , 1998 by the following vote, to wit: AYES: c ouncil Members Finnila, Nygaard, Hall & Kulchin NOES: None ABSENT: Council Member Lewis 7& CLA&JDE A. LEWIS, Mayor RAMONA FINNILA, Mayor Pro Tern ATTEST: (SEAL) F/t i-c I Rr-r “kiJi L ,.,. ..“. I _ . RECORDING REQUESTED Bi AND WHEN RECORDED, PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, California 92008 MAIL TAX STATEMENTS TO: EXEMPT - Space above this line for Recorder’s Use - The undersigned grantor(s) declare(s): Documentary transfer tax is $o.oO ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. NO RECORDING FEE REQUIRED: THIS DOCUMENT EXEMPT FROM FEE PURSUANT TO SECTION 27383 OF CALIFORNIA GOVERNMENT CODE ( ) Unincorporated area: ( x ) City of Cartsbad. and Assessoh Project: Poinsettia Lane Extension Parcel No.: APN 215-070-26 Location: Poinsettia Lane 8 Aviara Parkway DOCUMENT NO.: 01 OSARK Reference: RW/OlOSARK INDIVIDUAL GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, DALJIT S. SARKARIA and ELAINE SARKARIA, husband and wife as community property, subject to proceedings pending in the bankruptcy court where a petition for relief was filed, hereby GRANTS to the CITY OF CARLSBAD, a Municipal Corporation, the following described real property which is situated in the City of Carlsbad, County of San Diego, State of California, as more particularly described in the attached Exhibit “A” and as shown on the attached Exhibit “B”. The Grantor understands that the present intention of the Grantee is to construct and maintain a public highway on the lands hereby conveyed in fee and the Grantor, for the Grantor’s successors and assigns, hereby waives any claims for any and all damages to grantor’s remaining property contiguous to the property hereby conveyed by reason of the location, construction, landscaping or maintenance of said highway. (As used above, the term “Grantor” shall include the plural as well as the singular number.) (JANMAC, INC., Expropriation Consultants) r- .,..; , r , ‘: t L.. (carlsbad\POINSETTIA EXnDEEDS\OlOSARK) ?’ ;[.I I6 - This document was executed this day of , 1998. DALJIT S. SARKARIA and ELAINE SARKARIA, husband and wife as community property, subject to proceedings pending in the bankruptcy court where a petition for relief was filed DALJIT S. SARKARIA ELAINE SARKARIA (NOTARY JURAT) STATE OF ;ss. COUNTY OF On personally appeared before me, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and ofticial seal. Signature: (This area for oi%.5a/ notarial sea!) (JANMAC, INC.. Expropriation Consultants) (carlsbad\POINSETTIA EXT\DEEDS\OiOSARK) G?. 5 t &,k‘ 2 0-i / : L; l/ EXHIBIT “A” LEGAL DESCRIPTION SARKARIA PR. 3.4.318 - , (POINSETTIA LANE) THAT PORTION OF PARCEL 1 (DEDICATION PARCEL) DESCRIBED HEREiN LYING WITHIN PARCEL “A” (OWNERSHIP PARCEL) DESCRIBED HEREIN. PARCEL “A” (OWNERSHIP PARCEL) THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF FRACTIONAL SECTION 22, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN_ BERNARDINO MERIDIAN, AS DESCRIBED IN DEED TO DALJIT AND ELAINE SARKARIA RECORDED FEBRUARY 6, 1981, FILE/PAGE NO. 81-037884 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATE GOVERNMENT SURVEY APPROVED. PARCEL 1 (DEDICATION PARCEL) BEING A 102.00 FOOT WIDE STRIP OF IAND LYING 51.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE CENTERLINE INTERSECTION OF POINSETTIA LANE AND AVIARA PARKWAY (FORMERLY ALGA ROAD) AS SHOWN ON CITY OF CARLSBAD TRACT 90-15, MAP NO. 12972, FILED IN THE OFFICE OF THE COUNTYRECORDER SEPTEMBER 17, 1992, SAID POINT BEING OCCUPIED BY A STREET SURVEY MONUMENT STAMPED “L.S. 5894” PER RECORD OF SURVEY MAP NO. 13348, FILED IN THE OFFICE OF THE COUNTY RECORDER AUGUST 8, 1991, SAID POINT BEARS NORTH 72”12’46” EAST, 593.97 FEET (NORTH 72”47’00” EAST, 593.94 FEET PER R OF S 13348) FROM A POINT ON THE CENTERLINE OF SAID POINSEI-I-IA LANE AS SHOWN ON SAID RECORD OF SURVEY MAP NO. 13348, SAID POINT BEING OCCUPIED BY A STREET SURVEY MONUMENT STAMPED IS. 5894”; THENCE LEAVING SAID CENTERLINE INTERSECTION ALONG PAGE 1 OF 2 :DA MiLegals\ Ocean Bluffl004AOl.doc wo 1953-4 2127198 t- 3 . ‘ I 3, F. ..’ : r, < g 3 .,# I / Lf . - SAID CENTERLINE OF POINSETTIA LANE, NORTH 72”12’46” EAST (NORTH 72”47’00” EAST PER MAP 12972), 185.00 FEET TO THE BEGINNING OF TANGENT CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 1400.00 FEET; THENCE NORTHEASTERLY ALONG SAID CENTERLINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02”41’01” A DISTANCE OF 65.57 FEET (02”41’12”, 65.65 FEET PER MAP 12972) TO A POINT ON THE SOUTHERLY LINE OF SAID SECTION 22, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE NORTHEASTERLY ALONG A CONTINUATION OF SAID CENTERLINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 27”50’53”, A DISTANCE OF 680.46 FEET; THENCE NORTH 4lO40’52” EAST, 515.94 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 1400.00 FEET ; THENCE NORTHEASTERLY AND EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 50”47”26” A DISTANCE OF 1241.05 FEET TO A POINT OF TANGE_NCY ON THE SOUTHERLY LINE OF PARCEL “B” OF CERTIFICATE OF COMPLIANCE RECORDED MARCH II, 1997, FILE NO. 1997-0106631 OF OFFICIAL RECORDS; THENCE ALONG SAID SOUTHERLY LINE, SOUTH 87”31’42” EAST, 134.77 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL “B”, SAID POINT BEING OCCUPIED BY A % INCH IRON PlPE MARKED “RCE 8210”. THE SIDELINES OF SAID 102.00 FOOT WIDE STRIP OF LAND TO BE SHORTENED OR EXTENDED SO AS TO TERMINATE SOUTHWESTERLY IN THE SOUTHERLY LINE OF SAID FRACTIONAL SECTION 22 AND NORTHEASTERLY IN THE SOUTHERLY LINE OF PARCEL “B” OF SAID CERTIFICATE OF COMPLIANCE AND EASTERLY IN THE WESTERLY LINE OF BLACK RAIL ROAD PER NOTICE OF PENDING ACTION SUPERIOR COURT CASE NO. NO75924 RECORDED SEPTEMBER 12, 1997, FILE NO. 1997-0444689 OF OFFICIAL RECORDS. Y?--LF 3-3 -9, JOHN W. HILL, JR. L.S. 5669 HUNSAKER & ASSOCIATES SAN DIEGO, INC. :DA M:\Legals\l953 Ocean Blufh004AOl .doc wo 1953-4 2/27/98 PAGE 2 OF 2 ---- \ \ - - J--AH--- FRACTIONAL I I --j Ill- ROS -I4630 &\ I - 2w-r-- ---- ;.qnk\ ’ ~v-$J-A .i c-- i=:os 110774 \ ‘(2-l 3 [I I I \1 /%\ at i .\ *\ Q i Ii- i- iNDiU TES STREET DEDIGI Z’ON INDICATES STREET SURVEY MONUMENT STAMPED Z.S. 5894 - PER R OF S 1.3348. ‘, INDICATES 3f 4 = IRON PIPE M4RKED 4 3 -RCE 8210 PER R OF S 12096 x INDIUTES RECORD DA Z4 PER MAP 12972 -\ \ lmizwTY w / [ I INDGITES RECORD DATA PER R OF S 13348 NO SCALE LEG& DESCRIPYTON HUNSAKER &ASSOCIATES SAN DlfCO Itlt flNwlls lam -S~SitSZOO ElamEmM SmlxcgqGrn 9RXYNC pH(619)55tioo * fXf6?9bSbI4I4 oal3uolmc PORTION OF FRACTIOML SEC. 22, Tl2.5, R4W; S.E.M. I BASIS OF BEARINGS: THE EM.% OF &WINGS FOR Ttiti MP 6 A PORTION OF THE NORTHERLY LINE OF FRACTiONAL SECT/ON 22, T12S. R4W, S&M., PER MAP NO. 13429, I.E. N 89’57’43% SHEET 1 OF 2 DELXATKX’ PUT - CiW OF CARLSBAD IPPLICANT: PREPARED BY: PROJECT: A.P.N.: CATE LLUS RESIDENT I AL GRUW IRVINE, CA 92714 XF- p&q 3-?-9.f PONVSE?7M 215-070-26 SUITE 400 5 PARK PLAZA LANE (714) 251-6100 JOHN W. HILL. JR. LS. 5669 EXPIRES: 9/x/99 PR. 3.4.318 EXHIBIT "B" EKHA-- 5 .‘- llc) . , . ar’ s 4772 --- ----- -- H..SZ 150’ SAN D&-CO US dt ELECTRK: ctj. &SEMENT RECORDED f/10/1958, BY. 6902, PC. 504 OF 0-R. s-1/2, s w/4, sw1/4 SEC TlOJy 1’2 -7 72s 7 /‘W cL3JM , J-T- , d 2 15-070-26 ---- ------- C/T’ gF ~/Lq.SEirlD TImCT’ 90-s /L&P lYD> I2872 FOlNSEi% LANE OFFERED FOR DEDICATION AND REJECTED PER MAP 12972 DATA SHOWN HEREON IS &ASED ON THE FOLLOWING & ASSOCIATES RECORD OF SURVEY MAPS: 584, 4772, 4773, 5715, 6269, 10774, 12096, 13762 AND 14630. RECORD OF SAN DIECQ INC SURVEY MAP NO. 14608 SHOWS ALTERNATE LOCATIONS RAMNC 101F)HanaasSL~MO FOR PROPERTY LINES SHOWN HEREON. NO BaNEmK sntnqaG9zm REPRESENTATION IS MADE HEREON AS TO THE LOCATION SUXVEtlNC R1(6l9bSS.4OO * FX(6?3BbUI4 DDlX.WZDWC OF PROPERTY OR OWNERSHIP LINES. sHEET2oF 2 DEDlCA77ON PfAT - Cl7Y OF CARLSR4D PPLICANT: PREPARED BY: PROJECT: A.P.N.: CATELLUS RESIOENTIAL CROUP IRVINE, CA 92714 ysuw. ?-?-4Y ME PO/NSE77M 215-070-26 SUITE 400 5 PARK PLAZA JOHN W. HILL. JR. Ls. 5669 IT (714) 251-6100 EXPIRES: g/30/99 PR. 3.4.318 a/+ A L - /rLL I.5 RECORDING REQUESTED BI AND WHEN RECORDED, PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, California 92008 MAIL TAX STATEMENTS TO: EXEMPT The undersigned grantor(s) declare(s): Documentary transfer tax is $o.oO ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: ( x ) City of Carlsbad, and - Space above this line for Recorder’s Use - NO RECORDING FEE REQUIRED: THIS DOCUMENT EXEMPT FROM FEE PURSUANT TO SECTION 27383 OF CALIFORNIA GOVERNMENT CODE Assessor’s Parcel No.: APN 215-070-26 DOCUMENT NO.: 011 SARK Project: Poinsettia Lane Extension Location: Poinsettia Lane 8 Aviare Parkway Reference: RWlOi SARK SLOPE, DRAINAGE AND TEMPORARY CONSTRUCTION EASEMENTS FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, DALJIT S. SARKARIA and ELAINE SARKARIA, husband and wife as community property, subject to proceedings pending in the bankruptcy court where a petition for relief was filed, hereby GRANTS to the CITY OF CARLSBAD, a Municipal Corporation, easements for the construction and maintenance of slopes and incidents thereto, upon, over and across that certain real property hereinafter described, together with; easements for the construction and maintenance of drainage structures and incidents thereto, upon, over, and across that certain real property hereinafter described, and together with; easements for temporary construction purposes and incidents thereto, upon, over, and across that certain real property hereinafter described. The real property referred to hereinabove and made subject to said slope easements is situated in the City of Carlsbad, County of San Diego, State of California, and is more particularly described in the attached Exhibit “A” as Parcels 2 and 3 and as shown on the attached Exhibit “B” as Parcels 2 and 3. (JANMAC, INC., Expropriation Consultants) (carlsbad\POINSETTIA EXTIEasements\Ol ISARK) Ew!q/r .4 -Jvf- rlq - The real property referred to hereinabove and made subject to said drainage easements is situated in the City of Carlsbad, County of San Diego, State of California, and is more particularly described in the attached Exhibit “A” as Parcels 6, 7 and 8 and as shown on the attached Exhibit “B” as Parcels 6, 7 and 8. The real property referred to hereinabove and made subject to said temporary construction easements is situated in the City of Carlsbad, County of San Diego, State of California, and is more particularly described in the attached Exhibit “A” as Parcels 4 and 5 and as shown on the attached Exhibit “B” as Parcels 4 and 5. It is understood and agreed that the Grantor(s) of the temporary construction easement shall not be held liable for any damage to equipment or injury to personnel of said Grantee, its agents or employees, in the perform- ance of the work done within the temporary construction easement. The temporary construction easement shall remain in force for a period of three (3) years from the date this document has been recorded in the Office of the County Recorder of San Diego County. Upon the expiration of said three (3) year period, the Grantee shall have no further rights or liability in connection with said temporary construction easement. This document was executed this day of , 1998. DALJIT S. SARKARIA and ELAINE SARKARIA, husband and wife as community property, subject to proceedings pending in the bankruptcy court where a petition for relief was filed DALJIT S. SARKARIA ELAINE SARKARIA (NOTARY JURAT) STATE OF COUNTY OF On personally appeared before me, ;ss. i personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature: (This area for official notarial seal) (JANMAC, INC., Expropriation Consultants) (carlsbad\POINSETTIA EXT\Easements\Ol ISARK) EXHIBIT “A” LEGAL DESCRIPTION SARKARIA PR. 32.106 (SLOPE/TEMPORARY CONSTRUCTION AND DRAINAGE EASEMENTS) THOSE PORTIONS OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF FRACTIONAL SECTION 22, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, AS DESCRIBED IN DEED TO DALJIT AND ELAINE SARKARIA RECORDED FEBRUARY 6, 1981, FILE/PAGE NO. 81-037884 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY, IN THE GIN OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORiIA, ACCORDING TO UNITED STATE GOVERNMENT SURVEY APPROVED, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 1 (DEDICATION PARCEL) BEING A 102.00 FOOT WIDE STRIP OF LAND LYING 51.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE CENTERLINE INTERSECTION OF POINSETTIA LANE AND AVIARA PARKWAY (FORMERLY ALGA ROAD) AS SHOWN ON CITY OF CARLSBAD TRACT 90-15, MAP NO. 12972, FILED IN THE OFFICE OF THE COUNlY RECORDER SEPTEMBER 17, 1992, SAID POINT BEING OCCUPIED BY A STREET SURVEY MONUMENT STAMPED “L.S. 5894” PER RECORD OF SURVEY MAP NO. 13348, FILED IN THE OFFICE OF THE COUNTY RECORDER AUGUST 8, 1991, SAID POINT BEARS NORTH 72”12’46” EAST, 593.97 FEET (NORTH 72”47’00” EAST, 593.94 FEET PER R OF S 13348) FROM A POINT ON THE CENTERLINE OF SAID POINSETTIA LANE AS SHOWN ON SAID RECORD OF SURVEY MAP NO. 13348, SAID POINT BEING OCCUPIED BY A STREET SURVEY MONUMENT STAMPED “L.S. 5894”; THENCE LEAVING SAID CENTERLINE INTERSECTION ALONG SAID CENTERLINE OF POINSETTIA LANE, NORTH 72’12’46” EAST (NORTH 72”47’00” EAST PER MAP 12972), 185.00 FEET TO THE BEGINNING OF TANGENT CURVE :CJA M:\Legals\l953 Ocean Bluff\004AO&doc wo 19534 z27i98 PAGE 1 OF 7 .c? .; 4 C1Y CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 1400.00 FEET; THENCE NORTHEASTERLY ALONG SAID CENTERLINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02”41’01” A DISTANCE OF 65.57 FEET (02”41’12”, 65.65 FEET PER MAP 12972) TO A POINT ON THE SOUTHERLY LINE OF SAID SECTION 22, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE NORTHEASTERLY ALONG A CONTINUATION OF SAID CENTERLINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 27”50’53”, A DiSTANCE OF 680.46 FEET; THENCE NORTH 41”40’52” EAST, 515.94 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 1400.00 FEET ; THENCE NORTHEASTERLY AND EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 50”47”26” A DISTANCE OF 1241.05 FEET TO A POINT OF TANGENCY ON THE-SOUTHERLY LINE OF PARCEL “B” OF CERTIFICATE OF COMPLIANCE RECORDED MARCH 11, 1997, FILE NO. 1997-0106631 OF OFFICIAL RECORDS; THENCE ALONG SAID SOUTHERLY LINE, SOUTH 87’31’42” EAST, 134.77 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL “B”, SAID POINT BEING OCCUPIED BY A 314 INCH IRON PIPE MARKED “RCE 8210”. THE SIDELINES OF SAID 102.00 FOOT WIDE STRIP OF IAND TO BE SHORTENED OR EXTENDED SO AS TO TERMINATE SOUTHWESTERLY IN THE SOUTHERLY LINE OF SAID FRACTIONAL SECTION 22 AND NORTHEASTERLY IN THE SOUTHERLY LINE OF PARCEL “B” OF SAID CERTIFICATE OF COMPLIANCE AND EASTERLY IN THE WESTERLY LINE OF BLACK RAIL ROAD PER NOTICE OF PENDING ACTION SUPERIOR COURT CASE NO. NO75924 RECORDED SEPTEMBER 12, 1997, FILE NO. 1997-0444689 OF OFFICIAL RECORDS. PARCEL 2 (SLOPE EASEMENT) BEGINNING AT THE INTERSECTION OF THE SOUTHERLY LINE OF SAID FRACTIONAL SECTION 22 AND THE NORTHERLY RIGHT-OF-WAY LINE OF POlNSElTlA LANE AS OFFERED FOR DEDICATION AND REJECTED ON CITY OF :DA M:Vegals\1953 Ocean BluffWO4A08.doc wo 1953-4 2l27l90 PAGE 2 OF 7 c:lr!i ‘&Sri ci lo bJ-- i1q CARLSBAD TRACT 90-15 UNIT NO. 4, MAP NO. 12972, FILED IN THE OFFICE OF THE COUNlY RECORDER SEPTEMBER 17, 1992; THENCE ALONG THE SOUTHERLY LINE OF SAID SECTION 22, NORTH 87’32’42” WEST 57.72 FEET; THENCE LEAVING SAID SOUTHERLY LINE, NORTH 47’29’06” EAST, 73.80 FEET; THENCE NORTH 63’53’40” EAST, 483.85 FEET; THENCE NORTH 38”32’41” EAST, 188.98 FEET; THENCE NORTH 26’13’48” EAST, 220.75 FEET; THENCE NORTH 71”28’42” EAST, 59.15 FEET TO A POINT ON THE NORTHERLY LINE OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 22; THENCE ALONG SAID NORTHERLY LINE, SOUTH 87”37’28” EAST, 149.88 FEET TO AN INTERSECTION WITH THE NORTHERLY LINE OF THE HEREINABOVE DESCRIBED PARCEL 1 (PROPOSED POlNSElTlA LANE); THENCE ALONG SAID NORTHERLY LINE THE FOLLOWING: SOUTH 41”40’52”-WEST 288.20 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 1349.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 30”31’54” A DISTANCE OF 718.85 FEET; THENCE SOUTH 72’12’46” WEST, 68.59 FEET TO THE POINT OF BEGINNING. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 1.933 ACRES MORE OR LESS. PARCEL 3 (SLOPE EASEMENT) BEGINNING AT THE INTERSECTION OF THE SOUTHERLY LINE OF SAID FRACTIONAL SECTION 22 AND THE SOUTHERLY RIGHT-OF-WAY LINE OF POlNSEl-l-IA LANE AS OFFERED FOR DEDICATION AND REJECTED ON CITY OF CARLSBAD TRACT 90-15 UNIT NO. 4, MAP NO. 129’72, FILED IN THE OFFICE OF THE COUNTY RECORDER SEPTEMBER 17, 1992; THENCE ALONG THE SOUTHERLY LINE OF SAID SECTION 22, SOUTH 87’32’42” EAST 16.04 FEET; THENCE LEAVING SAID SOUTHERLY LINE, NORTH 74’55’50” EAST, 144.87 FEET; THENCE NORTH 28’51’49” EAST, 71.90 FEET; THENCE SOUTH 71’19’45” EAST, 89.49 FEET; THENCE NORTH 56”23’41” EAST, 146.98 FEET; THENCE :DA M:Legals\1953 Ocean BluffiO04AO&doc wo 19534 2f27l98 PAGE 3 OF 7 Gt14w 4 1( IIlJ - NORTH 36’00’38” EAST, 509.47 FEET; THENCE.NORTH 44”57’59” EAST, 36.14 FEET TO A POINT ON EASTERLY LINE OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 22; THENCE ALONG SAID EASTERLY LINE NORTH 02’23’14” WEST 39.15 FEET TO A POINT ON THE SOUTHERLY LINE OF THE HEREINABOVE DESCRIBED PARCEL 1 (PROPOSED POINSETTIA LANE); THENCE ALONG SAID SOUTHERLY LINE THE FOLLOWING: SOUTH 41’40’52” WEST, 371.70 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 1451.00 FEET; THENCE SOUTHWESTERLY ALONG SAID SOUTHERLY LINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 23’28’35” A DISTANCE OF 594.53 FEET TO THE POINT OF BEGINNING. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 1.048 ACRES MORE OR LESS. PARCEL 4 (TEMPORARY CONSTRUCTION EASEMENT) BEING A 20.00 FOOT WIDE STRIP OF LAND, THE NORTHWESTERLY LINE BEING PARALLEL WITH AND 20.00 FEET NORTHWESTERLY OF THE NORTHWESTERLY LINE OF THE HEREINABOVE DESCRIBED PARCEL 2. THE NORTHWESTERLY SIDELINE OF SAID 20.00 FOOT WIDE STRIP OF LAND TO BE SHORTENED OR EXTENDED SO AS TO TERMINATE SOUTHWESTERLY IN THE EASTERLY -RIGHT-OF-WAY LINE OF AVIARA PARKWAY PER NOTICE OF PENDING ACTION SUPERIOR COURT CASE NO. N69894 RECORDED MAY 17, 1996, FILE NO. 1996-0251722 OF OFFICIAL RECORDS OF SAID COUNTY, AND NORTHEASTERLY IN THE NORTHERLY LINE OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 22. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.463 ACRES MORE OR LESS. :DA M:\Legals\l953 Ocean Blum004AOB.doc wo 19534 2l27l98 PAGE 4 OF 7 Emfh3r-r ylc 1% 06 w 21 PARCEL 5 (TEMPORARY CONSTRUCTION EASEMENT) BEING A 20.00 FOOT WIDE STRIP OF IAND, THE SOUTHEASTERLY LINE BEING PARALLEL WITH AND 20.00 FEET SOUTHEASTERLY OF THE SOUTHEASTERLY LINE OF THE HEREINABOVE DESCRIBED PARCEL 3. THE SOUTHEASTERLY SIDELINE OF SAID 20.00 FOOT WIDE STRIP OF LAND TO BE SHORTENED OR EXTENDED SO AS TO TERMINATE SOUTHWESTERLY IN THE SOUTHERLY LINE OF SAID SECTION 22 AND NORTHEASTERLY IN THE EASTERLY LINE OF T3-1E SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 22. THE HEREINABOVE DESCRIBED PARCEL OF IAND CONTAINS 0.442 ACRES MORE OR LESS. PARCEL 6 (DRAINAGE EASEMENT) BEING A 15.00 FOOT WIDE STRIP OF LAND LYING 7.50 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE INTERSECTION OF THE SOUTHERLY LINE OF SAID FRACTIONAL SECTION 22 AND THE SOUTHERLY RIGHT-OF-WAY LINE OF POINSETTIA LANE AS OFFERED FOR DEDICATION AND REJECTED ON CITY OF CARLSBAD TRACT 90-15 UNIT NO. 4,. MAP NO. 12972, FILED IN THE OFFICE OF THE COUNTY RECORDER SEPTEMBER 17, 1992, SAID POINT BEING ON THE SOUTHERLY LINE OF THE HEREINABOVE DESCRIBED PARCEL 1 SAID POINT BEING THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 1451.00 FEET A RADIAL LINE TO SAID :DA M:\Legals\l953 Ocean BlufNlO4AO0.doc wo 19534 2/27/9a PAGE 5 OF 7 Wlc3[7 I+ 13 UC wf 22 POINT BEARS SOUTH 24’50’33” EAST; THENCE.NORTHEASTERLY ALONG THE SOUTHERLY LINE OF SAID PARCEL 1 AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 14”09’01” A DISTANCE OF 358.36 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID SOUTHERLY LINE, SOUTH 37”25’43” EAST, 70.38 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT “A” SAID POINT BEING THE POINT OF TERMINUS. THE SIDELINES OF SAID 15.00 FOOT WIDE STRIP OF LAND TO BE SHORTENED OR EXTENDED SO AS TO TERMINATE NORTHWESTERLY IN THE SOUTHERLY LINE OF THE HEREINABOVE DESCRIBED PARCEL 1. PARCEL 7 (DRAINAGE EASEMENT) BEING A 25.00 FOOT WIDE STRIP OF LAND LYING 12.50 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT THE HEREINABOVE DESCRIBED POINT “A” IN PARCEL 6; THENCE SOUTH 37”25’43” EAST, 27.52 FEET TO THE POINT OF TERMINUS. PARCEL 8 (DRAINAGE EASEMENT) BEING A 15.00 FOOT WIDE STRIP OF LAND LYING 7.50 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE INTERSECTION OF THE SOUTHERLY LINE OF SAID FRACTIONAL SECTION 22 AND THE NORTHERLY RIGHT-OF-WAY LINE OF POINSETTIA LANE AS OFFERED FOR DEDICATION AND REJECTED ON Cl-l-Y OF CARLSBAD TRACT 90-15 UNIT NO. 4, MAP NO. 12972, FILED IN THE OFFICE OF THE COUNTY RECORDER SEPTEMBER 17, 1992 SAID POINT ALSO BEING ON THE NORTHERLY LINE OF THE HEREINABOVE DESCRIBED PARCEL 1; THENCE ALONG SAID NORTHERLY LINE THE FOLLOWING: NORTH 72’12’46” EAST, 68.59 :DA M:Uegals\l953 Ocean Blum004A08.doc WO 1953-4 2127198 PAGE 6 OF 7 21 - FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 1349.00 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 21”12’40” A DISTANCE OF 499.41 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID NORTHERLY LINE, RADIAL TO SAID CURVE NORTH 38”59’54” WEST, 21.00 FEET TO THE POINT OF TERMINUS. THE SIDELINES OF SAID 15.00 FOOT WIDE STRIP OF LAND TO BE SHORTENED OR EXTENDED SO AS TO TERMINATE SOUTHEASTERLY IN THE NORTHERLY LINE OF THE HEREINABOVE DESCRIBED PARCEL 1. %e&- % 3-3-PC JOHN W. HILL, JR. L.S. 5669 HUNSAKER & ASSOCIATES SAN DIEGO, INC. :DA M:\Legals\l953 Ocean Bluffi004AU&doc wo 1953-4 2r27m PAGE 7 OF 7 Ekct’rlaQ- ++ 15 A I/q ---- -- --- ---- -- IbJlAP -12972 \ \ tNDlC4TES STREET SURVEY MONUMENT STAMPED “L.S. 5894” PER R OF S 13348. INDICATES 3/4” IRON PIPE MARKED “RCE 82 10 PER R OF S 12096 ( ) INDICATES RECORD DATA PER MAP 12972 WCINITY AL4P [ ] INDICATES RECORD DATA PER R OF S 13348 NO SCALE LEGAL DESCRPZTON PORTION OF FRACTIONAL SEC. 22. T72.S. R4w, S.E.M. BASIS OF BEARINGS,- THE &ISIS OF 8&4RINCS FOR THIS MAP IS A PORTlON OF THE NORTHERLY LINE OF F’RACTIONAL SECTION 22. Tl2S, FlAbwK lm9~sL~Mo R4W, S.B.M.. PER MAP NO. 13429, I.E. N 89’57’43”E. R+czNw sanc4egtaG9zm SUNMNC FtUbl9BSfMSOO - FXtbl9bS&UU 0013uo1.DK; SHEET 1 OF 3 DEDlCAnON PUT - ClN OF CARLSBAD PPLICANT: PREPARED By: PROJECT: A.P.N.: CATELLUS RES IMNT I AL GROUP IRVINE, CA 92714 SLOPE & TEMPORARY 215-070-26 SUITE 400 5 PARK PLAZA (714) 251-6100 JOHN W. HILL. JR. L.S. 5669 EXPIRES: g/30/99 PR. 3.2.7 06 EXHIBIT “B” a._-. INDIG TES TEMPORARY CONSTRUCTION EASEMENT AmRA PARKWA Y PER NOLICE 0~ EMXVG ACTION RECORDED 5/17/96 1996-025?722 0.R. POINSETTIA LANE OFFERED FOR DEDICATION AND REJECTED PER MAP 12972 200 0 200 400 60( SCALE 1” = 200’ WI NOTE: ; HLJNSAKER DATA SHOWN HEREON IS BISED ON THE FOLLOWING ; &ASSOCIATES RECORD OF SURVEY MAPS: 584, 4772. 4773, 5715, SAN DICGO, INC 6269, 10774, 12096, 13762 AND 14630. RECORD OF SURVEY MAP NO. 14608 SHOWS ALTERNATE LOCATIONS PL4wlNG lov3HanasaStSlict200 moNEEuNG snD*14ca9m FOR PROPERN LINES SHOWN HEREON. NO SlJWlMW FMf6l9&bWO* D((619kibUl4 REPRESENTATION IS MADE HEREON AS TO THE LOCATION 00 13lAmoNG OF PROPERN OR OWNERSHiP LINES. SHEET2oF 3 DEDICATION PLAT - C/N OF CARLBAD 4PPLICANT: PREPARED BY: PROJECT: A.P.N.: CATELLUS RES IOENT I AL CR&JP IRVINE, CA 92714 SLOPE & TEMPORARY g4zst 3-3-98 ~~~;~;;~~~ 215-070-26 SUITE 400 5 PARK PLAZA (714) 251-6100 JOHN W. HILL, JR. LS. 5669 EXPIRES: g/30/99 PR. 3.2.106 EXHIBIT “B” - 4 r ESHIIBIT t? \q l-34 (Ic) INDICA TES DRAINAGE L%SE;LIEN T LANE OFFERED FOR DEDJCATloN TED PER MAP 12972 /WA? JYD. 72372 & ASSOCIATES IAN DIIGD, INC FlANlwc luw-SrSjrczoo 200 0 200 400 600 - hlhgcbG9m SUKVMNC m(673k5.34soO~ FXfSI9bSe?44 001&Ao2.Dwc SCALE 1” = 200’ SsET3OF 3 DEDICAMV PLAT - c/N OF CARLSBAD rPPLICANT: PREPARED BY: PROJECT: A.P.N.: CATELLUS f?ESlOENTIAL GFIOUP IRVIN, CA 92714 %- ‘ln-L& 3-7-9t? DRAINAGE 215-070-26 SUITE 400 5 PARX PLAZA &4SE%fENTS (714) 251-6100 JOHN W. HILL. JR. C.S. 5669 MPIRES: g/30/99 PR. 3.2.706 EXHIBIT “B” r .._ 1 RECORDING REQUESTED 6 I AND WHEN RECORDED, PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, California 92008 MAIL TAX STATEMENTS TO: EXEMPT - Space above this line for Recorder’s Use - The undersigned grantor(s) declare(s): Documentary transfer tax is $m ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. NO RECORDING FEE REQUIRED: THIS DOCUMENT EXEMPT FROM FEE PURSUANT TO SECTION 27383 OF CALIFORNIA GOVERNMENT CODE ( ) Unincorporated area: ( x ) City of Carlsbad, and Assessor’s Project: Poinsettia Lane Extension Parcel No.: APN 215-070-14 Location: Poinsettia Lane i3 Aviara Parkway DOCUMENT NO.: 020FERN Reference: RW/OZOFERN INDIVIDUAL GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, VICTORIA FERNANDEZ AS TRUSTEE UNDER THE FERNANDEZ TRUST DATED APRIL 21, 1982 hereby GRANTS to the CITY OF CARLSBAD, a Municipal Corporation, the following described real property which is situated in the City of Carlsbad, County of San Diego, State of California, as more particularly described in the attached Exhibit “A’ and as shown on the attached Exhibit “B”. The Grantor understands that the present intention of the Grantee is to construct and maintain a public highway on the lands hereby conveyed in fee and the Grantor, for the Grantor’s successors and assigns, hereby waives any claims for any and all damages to grantor’s remaining property contiguous to the property hereby conveyed by reason of the location, construction, landscaping or maintenance of said highway. (As used above, the term “Grantor” shall include the plural as well as the singular number.) (JANMAC, INC., Expropriation Consultants) (carlsbad\POlNSETTIA EXT\DEEDS\O2OFERN) ‘-‘K:‘lfz”;.y A ‘9 ,F it? 2s’ This document was executed this day of , 1998. VICTORIA FERNANDEZ AS TRUSTEE UNDER THE FERNANDEZ TRUST DATED APRIL 21,1982 BY: VICTORIA FERNANDEZ (NOTARY JURAT) STATE OF COUNTY OF On personally appeared before me. ;ss. 1 1 personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature: (This area for official notarial seal) (JANMAC, INC., Expropriation Consultants) (carlsbad\POINSETTIA EXT\DEEDS\OPOFERN) 29 EXHlBiT “A” LEGAL DESCRIPTION FERNANDEZ FAMILY TRUST PR. 3.4.315 (POINSETTIA LANE & BRIGANTINE DRIVE) HEREIN LYING WITHIN PARCEL ‘A” (OWNERSHIP PARCEL) DESCRIBED HEREIN. THOSE PORTIONS OF PARCELS 1 AND 2 (DEDICATION PARCELS) DESCRIBED PARCEL “A” (OWNERSHIP PARCEL) THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF FRACTIONAL SECTION 22, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, AS DESCRIBED IN QUITCLAIM DEED RECORDED NOVEMBER 10, 1982 AS FILE NO. 82-348161 OF OFFICIAL RECORDS OF SAN OkGO COUNTY, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF. PARCEL +j (DEDICATION PARCEL - POINSETTIA LANE) BEING A 102.00 FOOT WIDE STRIP OF LAND LYING 51.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE CENTERLINE INTERSECTION OF POlNSEl-l-iA LANE AND AVIARA PARKWAY (FORMERLY ALGA ROAD) AS SHOWN ON CITY OF CARLSBAD TRACT 90-15, MAP NO. 12972, FILED IN THE OFFICE OF THE COUNTY RECORDER SEPTEMBER 17,1992, SAID POINT BEING OCCUPIED BY A STREET SURVEY MONUMENT STAMPED “L.S. 5894” PER RECORD OF SURVEY MAP NO. 13348, FILED IN THE OFFICE OF THE COUNTY RECORDER AUGUST 8, 1991, SAID POINT BEARS NORTH 72012’46” EAST, 593.97 FEET (NORTH 72047’00” EAST, 593.94 FEET PER R OF S 13348) FROM A POINT ON THE CENTERLINE OF SAID POINSETTIA LANE AS SHOWN ON SAID RECORD OF SURVEY MAP NO. 13348, SAID POINT BEING OCCUPIED BY A STREET SURVEY MONUMENT STAMPED PAGE 1 OF 4 -----L. :DA M:\Legals\l953 Ocean Bluft\004A02.doc WO 19534 2l27l98 ._ : ii 21 06 “7 3Q .- - “L.S. 5894”; THENCE LEAVING SAID CENTERLINE INTERSECTION ALONG SAID CENTERLINE OF POINSETTIA LANE, NORTH 72012’46” EAST (NORTH 72047’00” EAST PER MAP 12972), 185.00 FEET TO THE BEGINNING OF TANGENT CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 1400.00 FEET; THENCE NORTHEASTERLY ALONG SAID CENTERLINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02041’01” A DISTANCE OF 65.57 FEET (@41’12”, 65.65 FEET PER MAP 12972) TO A POINT ON THE SOUTHERLY LINE OF SAID SECTION 22, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE NORTHEASTERLY ALONG A CONTINUATION OF SAID CENTERLINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 27050’53”, A DlSTANCE.OF 680.46 FEET; THENCE NORTH 41040’52” EAST, 515.94 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 1400.00 FEET ; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 08011’26” A DISTANCE OF 200.13 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT “A”; THENCE CONTINUING NORTHEASTERLY AND EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 42036’00” A DISTANCE OF 1040.92 FEET TO A POINT ON THE SOUTHERLY LINE OF PARCEL “B” OF CERTIFICATE OF COMPLIANCE RECORDED MARCH 11, 1997, FILE NO. 1997-010631’ OF OFFICIAL RECORDS; THENCE ALONG SAID SOUTHERLY LINE, SOUTH 87031’42” EAST, 134.77 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL “B”, SAID POINT BEING OCCUPIED BY A 314” IRON PIPE MARKED “RCE 8210”. THE SIDELINES OF SAID 102.00 FOOT WIDE STRIP OF LAND TO BE SHORTENED OR EXTENDED SO AS TO TERMINATE SOUTHWESTERLY IN THE SOUTHERLY LINE OF SAID FRACTIONAL SECTION 22 AND NORTHEASTERLY IN THE SOUTHERLY LINE OF PARCEL “B” OF SAID CERTIFICATE OF COMPLIANCE AND EASTERLY IN THE WESTERLY LtNE OF BLACK RAIL ROAD PER NOTlCE OF PENDING ACTION SUPERIOR COURT CASE NO. NO75924 RECORDED SEPTEMBER 12, 1997, FILE NO. 1997-0444689 OF OFFICIAL RECORDS. :DA M:\Legals\l953 Ocean BluffiO04A02.doc wo 19534 2127198 PAGE 2 OF 4 mm7 4 12, I?+ +-I , PARCEL 2 (DEDICATION PARCEL - BRIGANTINE DRIVE) BEING A 42.00 FOOT WIDE STRIP OF LAND LYING 12.00 FEET WESTERLY AND 30.00 FEET EASTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE HEREINABOVE DESCRIBED POINT “A” SAID POINT BEING ON THE ARC OF A 1400.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY A RADIAL LINE TO SAID POINT BEARS NORTH 40”07’42” WEST; THENCE RADIAL FROM SAID CURVE, NORTH 40”07’42” WEST, 51.00 FEET TO A POINT ON THE NORTHWESTERLY LINE OF THE HEREINABOVE DESCRIBED PARCEL 1 SAID POINT BEING THE TRUE POINT OF-BEGINhjING; THENCE CONTINUING NORTH 40’07’42” WEST, 127.52 FEET TO A TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 300.00 FEET; THENCE NORTHWESTERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 17”29’29”, AN ARC LENGTH OF 91.58 FEET; THENCE NORTH 22”38’13” WEST, 117.15 FEET TO A TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 300.00 FEET; THENCE NORTHWESTERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 11”33’05”, AN ARC LENGTH OF 60.48 FEET TO THE POINT OF TERMINUS SAID POINT BEING ON THE SOUTHERLY LINE OF PARCEL “B” OF CERTIFICATE OF COMPLIANCE RECORDED MARCH 11, 1997 FILE NO. 1997- 0106631 OF OFFICIAL RECORDS AND LYING SOUTH 87”27’43” EAST, 3.54 FEET FROM THE SOUTHWEST CORNER OF SAID PARCEL “B”, THE CONTINUATION OF SAID CURVE BEING TANGENT TO AND ENDING ON THE WESTERLY LINE OF SAID PARCEL “B”. THE SIDELINES OF SAID 42.00 FOOT WIDE STRIP OF LAND TO BE SHORTENED OR EXTENDED SO AS i0 TERMINATE SOUTHERLY IN THE NORTHWESTERLY LINE OF THE HEREINABOVE DESCRIBED PARCEL 1 AND NORTHERLY IN THE SOUTHERLY LINE OF PARCEL “B” OF CERTIFICATE OF COMPLIANCE :DA M:Legals\l953 Ocean BlufR004A02.doc wo 1953-4 Z27l98 PAGE 3 OF 4 bwB I7 23 oc +f RECORDED MARCH 11, 1997 FILE NO. 1997-0106631 OF OFFICIAL RECORDS AND THE SOUTHERLY LINE OF PARCEL “A” OF CERTIFICATE OF COMPLIANCE RECORDED MARCH 11, 1997 FILE NO. 1997-0106633 OF OFFICIAL RECORDS. 3-3-4 p JOHN W. HILL, JR. L.S. 5669 HUNSAKER & ASSOClAfES SAN DIEGO, INC. :DA M:Vegals\l953 Ocean BluffiOO4A02.doc wo 19534 2127198 PAGE 4 OF 4 - EKHlr3i7 4 2Lf 04 l(V 33 RUS 12096 --- ---- -- 1=,%4 CTJoNAl --- RUS 14630 INLIIGI TES STREET DELXC4 TION INDlC4JES STREET SURVEY MONUMENT STAMPED ‘IS. 5894” PER R OF S 13348. INDiCATES 3/4- IRON PIPE MARKED “RCE 82 10 PER R OF S 12096 INDICATES RECORD DATA PER MAP 12972 ; ; INDIc;I1TES RECORD DATA PER R OF S 13348 INDICATES RECORD DATA PER R OF S 4772 lm2lvITY w (( )) /ND/GITES RECORD DATA PER CfRTIFlC4TE OF COMPLMNCE REC. 3,/l l/97, 1997-0106631 O.R. NO SCALE [[ ]] INDICATES RECORD DATA PER CERTlFlUITE OF COMPLbINCE REC. 3/l ?/97, 1997-0106633 O.R. HUNSAKER LEGAL DESCRlPTlUN &ASSOCIATES PORllON OF FmCTlONAL SEC. 22, T12.5. R4W. S.B.M. SAM DIEGQ tnc BASIS OF BWGSz THE b%St.S OF EGIRINGS FOR THIS MAP IS A PORTION OF RANNplG lw9-IrWP2oa THE NORTHERLY LINE OF F%ICTIONAL SECTION 22, Tl2.5, mt2- sanG+e#%Gsmr SUWFrlNG PH6Bkd4soO~~6BkWM4l4 R4W, S&M., PER MAP NO. 13429. I.E. N 89’57’43% 0013.801.Dm; SHEET 1 OF 3 DEDlCATlON PLAT - CITY OF CARLSBAD IPPLICANT: PREPARED BY: PROJECT: A.P.N.: CATELLUS ftESIOENTIAL GROUP IRVINE. CA 92714 PWVSE77M LANE y+ M- k 9 3-3-s: 215-070-14 SUITE 400 AND 5 PARK PLAZA JOHN W. HILL. JR. L.S. 5669 BRIGANTINE Di?K EXHIBIT “B” (714) 251-6100 EXPIRES: g/30/99 PR. 3.4.375 1 lb0 0 100 200 300 SCALE 1” = 100’ FERNANDEZ FAME Y TRUST 215-070- 14 I //l/1 INDICATES STREEl DEDICATION NOTE HUNSAKER DATA SHOWN HEREON IS 6MSED ON THE FOLLOWfNG 6r ASSOCLATES RECORD OF SURVEY MAPS: 584, 4772, 4773, 5715, 6269, 10774, 12096, 13762 AND 14630. RECORD OF SAW DIIGQ INC SURVEY MAP NO. 14608 SHOWS ALTERNATE LOCATIONS FY I FOR PROPERTY LINES SHOWN HEREON. NO 1 - wv9HnndrsaSr~zoo ma- smoiqo#GFnn REPRESENlATlON IS MADE HEREON AS TO THE LOCATION SUWWINC PHf6l9)5554SOO~ FX76l9mMW 001xm2.m OF PROPERTY OR OWNERSHIP LINES. SHEET 2 OF 3 APPLICANT: DEDlCATlON RAT - CfW OF CARLSRAD 1 PREPARED BY: 1 PROJECT: 1 A.P.N.: I CATELLUS RESIDENT I AL GROUP IRVINE. CA 92714 POUVSETTit4 LANE 215-070-14 SUITE 400 5 PARK PLAZA -% kk-* ‘-‘- ” BR,&&$E 5#f” (714) 251-6100 JOHN W. HILL. JR. L.S. 5669 EXPIRES: g/30/99 PR. 3.4.315 SCALE 1” = 100’ -I_-- 3 ZfERNANDEZ FAMIL y TRUST L& . -4 4r ma j\l~j&, s w-l/-, szc 22, -/-/I’& AJ&v, SBM LEGEND INDIc4 TES STREET DEDIGI TION ---- ---- -- ---- -- ----- DATA SHdwnN HEREON IS EiASED ON THE FOLLOWING 6269, 10774, 12096, 13762 AND 14630. RECORD OF SURVZY MAP NO. 14608 SHOWS ALTERMTE LOCATIONS RAMJWC XmHnneLnrSL~rn - sanD*14G9zm FOR PROPERTY LINES SHOWN HEREON. NO SlJWEYlNC pH(6l9)SS64OO.Fx(619)55b*(W REPRESENTATlON IS MADE HEREON AS TO THE LOCATION 0013lB13.0wG OF PROPERN OR OWNERSHIP LINES. sKET3oF 3 DEDICATION PLAT - CITY OF CARLSEA LPPLICANT: PREPARED BY: PROJECT: A.P.N.: CATELLUS RES I DENT l AL ~Dbf’ IRVINE. CA 92714 POINSE7724 LANE q-b k-q 3-s- 98 215-070-14 SUITE 400 AND 5 PAM PLAZA JOHN W. HILL. JR. LS. 5669 B/?/m#E DRJK EXHIBIT “B” (714) 251-6100 EXPIRES: g/30/99 PR. 3.4.315 r . . r - Space above this line for Recorder’s Use - The undersigned grantor(s) declare(s): Documentary transfer tax is $o.oO ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. NO RECORDING FEE REQUIRED: THIS DOCUMENT EXEMPT FROM FEE PURSUANT TO SECTION 27383 OF CALIFORNIA GOVERNMENT CODE ( ) Unincorporated area: ( x ) City of Cartsbad. and Assessor’s Project: Poinsettia Lane Extension Parcel No.: APN 215-070-14 Location: Poinsettia Lane & Aviara Parkway DOCUMENT NO.: 021 FERN Reference: RW102lFERN - RECORDING REQUESTED B\ AND WHEN RECORDED, PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Dr. Carfsbad, California 92008 MAIL TAX STATEMENTS TO: EXEMPT SLOPE AND TEMPORARY CONSTRUCTION EASEMENTS FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, VICTORIA FERNANDEZ AS TRUSTEE UNDER THE FERNANDEZ TRUST DATED APRIL 21, 1982 hereby GRANTS to the CITY OF CARLSBAD, a Municipal Corporation, easements for the construction and maintenance of slopes and incidents thereto, upon, over and across that certain real property hereinafter described, together with; easements for temporary construction purposes and incidents thereto, upon, over, and across that certain real property hereinafter described. The real property referred to hereinabove and made subject to said slope easements is situated in the City of Carlsbad, County of San Diego, State of California, and is more particularly described in the attached Exhibit “A” as Parcels 3 and 5 and as shown on the attached Exhibit “B” as Parcels 3 and 5. The real property referred to hereinabove and made subject to said temporary construction easements is situated in the City of Carlsbad, County of San Diego, State of California, and is more particularly described in the attached Exhibit “A” as Parcels 4 and 6 and as shown on the attached Exhibit “B” as Parcels 4 and 6. (JANMAC, INC., Expropriation Consultants) (carlsbad\POINSETTIA EXT\Easements\OZlFERN) E%.l-j\@\T 4~ 2-g OF fry 37 It is understood and agreed that the Grantor(s) of the temporary construction easement shall not be held liable for any damage to equipment or injury to personnel of said Grantee, its agents or employees, in the perform- ance of the work done within the temporary construction easement. The temporary construction easement shall remain in force for a period of three (3) years from the date this document has been recorded in the Office of the County Recorder of San Diego County. Upon the expiration of said three (3) year period, the Grantee shall have no further rights or liability in connection with said temporary construction easement. This document was executed this day of , 1998. VICTORIA FERNANDEZ AS TRUSTEE UNDER THE FERNANDEZ TRUST DATED APRIL 21,1982 BY: VICTORIA FERNANDEZ (NOTARY JURAT) STATE OF COUNTY OF On personally appeared before me, ;ss. ; personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authortzed capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature: (This area for official notarial sear) (JANMAC. INC., Expropriation Consultants) (carlsbad\POINSETTIA EXT\Easements\OPlFERN) tj,$.&QdT A zy 6-y : I’!-- 3s EXHIBIT “A” LEGAL DESCRIPTION FERNANDEZ FAMILY TRUST PR. 3.2.103 (SLOPE AND TEMPORARY CONSTRUCTION EASEMENTS) THOSE PORTIONS OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF FRACTIONAL SECTION 22, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, AS DESCRIBED IN QUITCLAIM DEED RECORDED NOVEMBER 10, 1982 AS FILE NO. 82-348161 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PlAT THE-REOF, BEING .MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 1 (REFERENCE ONLY POINSETTIA LANE) BEING A 102.00 FOOT WIDE STRIP OF LAND LYING 51 .OO FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE CENTERLINE INTERSECTlOk OF POINSETTIA LANE AND AVIARA PARKWAY (FORMERLY ALGA ROAD) AS SHOWN ON CITY OF CARLSBAD TRACT 90-15, MAP NO. 12972, FILED IN THE OFFICE OF THE COUNTY RECORDER SEPTEMBER 17,1992, SAID POINT BEING OCCUPIED BY A STREET SURVEY MONUMENT STAMPED “L.S. 5894” PER RECORD OF SURVEY MAP NO. 13348, FILED IN THE OFFICE OF THE COUNTY RECORDER AUGUST 8, 1991, SAID POINT BEARS NORTH 72’12’46” EAST, 593.97 FEET (NORTH 72’47’00” EAST, 593.94 FEET PER R OF S 13348) FROM -A POINT ON THE CENTERLINE OF SAID POINSETTIA LANE AS SHOWN ON SAID RECORD OF SURVEY MAP NO. 13348, SAID POINT BEING OCCUPIED BY A STREET SURVEY MONUMENT STAMPED “L.S. 5894”; THENCE LEAVING SAID CENTERLINE INTERSECTION ALONG SAID CENTERLINE OF POINSET-TIA LANE, NORTH 72”12’46” EAST (NORTH 72”47’00” EAST PER MAP 12972) 185.00 FEET TO THE BEGINNING OF TANGENT CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 1400.00 FEET; THENCE :DA M:\Legals\l953 Ocean Bluft\004A09.doc wo 19534 2127t98 PAGE 1 OF 6 , ?I ., ..: 3a 0-f I'9 NORTHEASTERLY ALONG SAID CENTERLINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02”41’01” A DISTANCE OF 65.57 FEET (02”41’12”, 65.65 FEET PER MAP 12972) TO A POINT ON THE SOUTHERLY LINE OF SAID SECTION 22, SAID POINT. BEING THE TRUE POINT OF BEGINNING; THENCE NORTHEASTERLY ALONG A CONTINUATION OF SAID CENTERLINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 27”50’53”, A DISTANCE OF 680.46 FEET; THENCE NORTH 41’40’52” EAST, 515.94 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 1400.00 FEET ; THENCE NORTHEASTERLY AND EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 50*47”26” A DISTANCE OF 1241.05 FEET TO A POINT ON THE SOUTHERLY LINE OF PARCEL “B” OF CERTIFICATE OF COMPLIANCE RECORDED MARCH 11, 1997, FILE NO. 1997-010631 OF OFFICIAL RECORDS; THENCE ALONG SAID SOUTHERLY LINE, SOUTH 87”31’42” EAST, 134.77 FEET TO THE SOUTHEAST CORNER OF SAID . PARCEL “B”, SAID POINT BEING OCCUPIED BY A 314” IRON PIPE MARKED “RCE 82 IO”. THE SIDELINES OF SAID 102.00 FOOT WIDE STRIP OF LAND TO BE SHORTENED OR EXTENDED SO AS TO TERMINATE SOUTHWESTERLY IN THE SOUTHERLY LINE OF SAID FRACTIONAL SECTION 22 AND NORTHEASTERLY IN THE SOUTHERLY LINE OF PARCEL “B” OF SAID CERTIFICATE OF COMPLIANCE AND EASTERLY IN THE WESTERLY LINE OF BLACK RAIL ROAD PER NOTICE OF PENDING ACTION SUPERIOR COURT CASE NO. NO75924 RECORDED SEPTEMBER 12, 1997, FILE NO. 1997-0444689 OF OFFICIAL RECORDS. PARCEL 2 (REFERENCE ONLY BRIGANTINE DRIVE) BEING A 42.00 FOOT WIDE STRIP OF LAND LYING 12.00 FEET WESTERLY AND 30.00 FEET EASTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE HEREINABOVE DESCRIBED POINT “A” SAID POINT BEING ON THE ARC OF A 1400.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY A RADIAL LINE TO SAID POINT BEARS NORTH 40”07’42” PAGE 2 OF 6 :DA M:\Legals\l953 Ocean BluM004A09.doc wo 19534 2m9a WEST; THENCE RADIAL FROM SAID CURVE, NORTH 40”07’42” WEST, 51.00 FEET TO A POINT ON THE NORTHWESTERLY LINE OF THE HEREINABOVE DESCRIBED PARCEL 1 SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 40”07’42” WEST, 127.52 FEET TO A TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 300.00 FEET; THENCE NORTHWESTERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 17”29’29”, AN ARC LENGTH OF 91.58 FEET; THENCE NORTH 22”38’13” WEST, j17.15 FEET TO A TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 300.00 FEET; THENCE NORTHWESTERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 11”33’05”, AN ARC LENGTH OF 60.48 FEET TO THE POINT OF TERMINUS SAID POINT BEING ON THE SOUTHERLY LINE OF PARCEL “B” OF CERTIFICATE OF COtiPLlANCE RECORDED MARCH 11, 1997 FILE NO. 1997- 0106631 OF OFFICIAL RECORDS AND LYING SOUTH 87”27’43” EAST, 3.54 FEET FROM THE SOUTHWEST CORNER OF SAID PARCEL “B”, THE CONTINUATION OF SAID CURVE BEING TANGENT TO AND ENDING ON THE WESTERLY LINE OF SAID PARCEL “B”. THE SIDELINES OF SAID 42.00 FOOT WIDE STRIP OF LAND TO BE SHORTENED OR EXTENDED SO AS TO TERMINATE SOUTHERLY IN THE NORTHWESTERLY LINE OF THE HEREINABOVE DESCRIBED PARCEL 1 AND NORTHERLY IN THE SOUTHERLY LINE OF PARCEL “B” OF CERTIFICATE OF COMPLIANCE RECORDED MARCH 11, 1997 FILE NO. 1997-0106631 OF OFFICIAL RECORDS AND THE SOUTHERLY LINE OF PARCEL “A” OF CERTIFICATE OF COMPLIANCE RECORDED MARCH 11, 1997 FILE NO. 1997-0106633 OF OFFICIAL RECORDS. PARCEL 3 (SLOPE EASEMENT) COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 22; THENCE ALONG THE SOUTHERLY LINE THEREOF, NORTH 87”37’28” WEST, 131.82 FEET TO AN INTERSECTION WITH THE NORTHERLY LINE OF THE HEREINABOVE DESCRIBED PARCEL 1 (PROPOSED POINSETTIA :DA M:\Legals\l953 Ocean BluffUWA09.doc wo 19534 32798 PAGE 3 OF 6 ~WWTA 32 ef Ii‘/ LANE) SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTHERLY LINE, NORTH 87”37’28” WEST, 149.88 FEET; THENCE LEAVING SAID SOUTHERLY LINE, NORTH 71”28’42” EAST, 133.39 FEET; THENCE NORTH 53”44’32” EAST, 183.78 FEET TO A POINT ON THE EASTERLY LINE OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 22; THENCE ALONG SAID EASTERLY LINE, SOUTH 02”23’14” EAST, 16.23 FEET TO AN INTERSECTION WITH THE NORTHERLY LINE OF THE HEREINABOVE DESCRIBED PARCEL 1 (PROPOSED POINSETTIA LANE); THENCE ALONG SAID NORTHERLY LINE, SOUTH 41’40’52” WEST 188.87 FEET TO THE TRUE POINT OF BEGINNING. THE HEREINAB OVE-DESCRIBED PARCEL OF LAND CONTAINS 0.218 ACRE MORE OR LESS. PARCEL 4 (TEMPORARY CONSTRUCTION EASEMENT) COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 22; THENCE ALONG THE SOUTHERLY LINE THEREOF, NORTH 87”37’28” WEST, 131.82 FEET TO AN INTERSECTION WITH THE NORTHERLY LINE OF THE HEREINABOVE DESCRIBED PARCEL 1 (PROPOSED POINSETTIA LANE); THENCE CONTINUING ALONG SAID SOUTHERLY LINE, NORTH 87”37’28” WEST, 149.88 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID SOUTHERLY LINE, NORTH 71”28’42” EAST, 133.39 FEET; THENCE NORTH 53”44’32” EAST, 183.78 FEET TO A POINT ON THE EASTERLY LINE OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 22; THENCE ALONG SAID EASTERLY LINE, NORTH 02”23’14” WEST, 91.29 FEET; THENCE LEAVING SAID EASTERLY LINE, SOUTH 42”38’54” WEST, 16.43 FEET; THENCE SOUTH 03”41’32” WEST, 68.67 FEET; THENCE ALONG A LINE THAT IS PARALLEL WITH AND 20.00 FEET NORTHWESTERLY MEASURED AT A RIGHT ANGLE TO THE NORTHWESTERLY LINE OF THE HEREINABOVE DESCRIBED PARCEL 2; THENCE ALONG SAID :DA M:\Legals\l953 Ocean Bluft\004A09,doc wo 1953-4 2127190 PAGE 4 OF 6 fii+IAn fl 33 64 1 1 q Yt PARALLEL LINE SOUTH 53”44’32’ WEST, 171.32 FEET; THENCE CONTlNUlNG ALONG SAID PARALLEL LINE, SOUTH 71”28’42” WEST, 182.65 FEET TO A POINT ON THE SOUTHERLY LINE OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 22; THENCE ALONG SAID SOUTHERLY LINE, SOUTH 87”37’28” EAST 56.07 FEET TO THE TRUE POINT OF BEGINNING. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.182 ACRE MORE OR LESS. PARCEL 5 (SLOPE EASEMENT) COMMENCING AT THE SOUTHEAST CORNER OF PARCEL “A” OF CERTIFICATE OF COMPLIANCE REdORDED MARCH 11, 1997 AS FILE NO. 1?97-0106633 OF OFFICIAL RECORDS OF SAID SAN DIEGO COUNTY; THENCE ALONG THE SOUTHERLY LINE THEREOF, NORTH 87”42’26’ WEST, 8.79 FEET TO A POINT IN THE WESTERLY SIDELINE OF THE HEREINABOVE DESCRIBED PARCEL 2, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTHERLY LINE, NORTH 87”42’26” WEST, 30.13 FEET; THENCE LEAVING SAID SOUTHERLY LINE, SOUTH 23”22’44” EAST, -lO8.26 FEET TO A POINT ON THE EASTERLY LINE OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 22; THENCE ALONG SAID EASTERLY LINE, NORTH 02”23’14” WEST, 57.33 FEET TO A POINT IN SAID WESTERLY SIDELINE OF PARCEL 2, SAID POINT BEING THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 312.00 FEET A RADIAL LINE TO SAID POINT BEARS SOUTH 71”43’15” WEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 07”43’12” A DISTANCE Oi 42.04 FEET TO THE TRUE POINT OF BEGINNING. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.039 ACRE MORE OR LESS. :OA M:Legals\l953 Ocean BluffI004A09.doc wo 19534 2mi9a PAGE 5 OF 6 43 PARCEL 6 (TEMPORARY CONSTRUCTION EASEMENT) COMMENCING AT THE SOUTHEAST CORNER OF PARCEL “A” OF CERTIFICATE OF COMPLIANCE RECORDED MARCH 11, 1997 AS FILE NO. 1997-0106633 OF OFFICIAL RECORDS OF SAID SAN DIEGO COUNTY; THENCE ALONG THE SOUTHERLY LINE THEREOF, NORTH 87”42’26” WEST, 8.79 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY LINE, NORTH 87”42’26” WEST, 30.13 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID SOUTHERLY LINE, SOUTH 23”22’44” EAST, 108.26 FEET TO A POINT ON THE EASTERLY LINE OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 22; THENCE ALONG SAID EASTERLY LINE, SOUTH 02”23’14” EAST, 54.88 FEET; THENCE LEAVING SAID EASTiRLY LINE, NORTH 29“41’10” WEST, 3.09 FEET; THENCE . ALONG A LINE THAT IS PARALLEL WITH AND 20.00 FEET SOUTHWESTERLY OF THE SOUTHWESTERLY LINE OF SAID PARCEL 4, NORTH 23”22’44” WEST, 166.04 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID PARCEL “A” OF CERTIFICATE OF COMPLIANCE RECORDED MARCH 11, 1997 AS FILE NO. 1997- 0106633 OF OFFICIAL RECORDS; THENCE ALONG SAID SOUTHERLY LINE, SOUTH 87”42’26” EAST, 22.19 FEET TO THE TRUE POINT OF BEGINNING. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.064 ACRE MORE OR LESS. JOHN W. HILL, JR. L.S. 5669 HUNSAKER &ASSOCIATES SAN DIEGO, INC. :DA M:Vegals\l953 Ocean Bluffi004A09.doc wo 1953-4 U27l98 PAGE 6 OF 6 cw+lw-~ 35 0-t !I y w 7. FILE NO. 1997- INDICATES 3f 4’ IRON PlPE MARXED “RCE 8210 PER R OF S 12096 INDlC4TES RECORD DATA PER MAP 12972 INDICATES RECORD DATA PER R Of S 13348 INDICATES RECORD DATA PER R OF S 4772 No SCALE [[ ]] INDICATES RECORD DAZ4 PER CERTIFIGITE OF COMPLlANCE REC. 3/l l/97, 1997-01066.3.3 O.R. LlG4.L DESC'F~ON I PORTION OF FIQCTIONAL SEC. 22, Tl2S, R4W, S.R.M. &ds~s OF B~GS~ THE 8ASlS OF BEARINGS FOR THIS I;IAP IS A PORTION Of RHJPHC lw9rcatsast~m THE NORTHERLY LINE OF FRACTIONAL SECTION 22. Tl2S. - snoiq&(59m R4w. S.B.M., PER MAP NO. 13429, I.E. N 8957’43”E. SullMyHG pH(6?3)5woo. oC~679bL%Ul4 OOIUBf r.om; SHEET 1 Of 3 DEDlCATlON PLAT - CITY OF CARLSEAD PPLICANT: PREPARED BY: PROJECT: A.P.N.: CATELLUS RESIDENTIAL GROUP IRVINE. CA 92714 SLOPE h TEMPORARY 2 15070- 14 SUITE 400 5 PARK PLAZA (714) 251-6100 JOHN W. HILL JR L.S. 5669 EXPIRES: g/30/99 PR. 3.2.103 EXHIBIT “B” 1 -. a . . . Lw 1611 4 Sb 04 \ry APN 2 15-070- 14 0.182 ACRE I FERNANDEZ FAA/IL Y TRUST . 0.218 ACRE \ )/ii.;&m SDG&E &4SEMENT REC. - , INDIGI TES SLOPE LGEMENT INDICATES TEMPORARY CONSTRUCTION EASEMENT SCALE 1 n = 60’ NOTE HUNSAKER DATA SHOWN HEREON IS BASED ON THE FOLLOWING &AssocIATEs RECORD OF SURVM MAPS: 584, 4772, 4773, 5775, SAtI CtlSC~ ttlc 6269, 12096, 13762 AN0 14630. RECORD OF 10774, SURVEY MAP NO. 14608 SHOWS ALTERNATE LOCATIONS I RAWHC Klv9!-bmdmsSr~2w FOR PROPERTY LINES SHOWN HEREON. NO mcJMEwc hDieg&G9zm SURVWING ?l#6l9)Sb4500- Fdbl9)SSlWM REPRESENTATION IS MAOE HEREON AS TO THE LOCAnON oolx8lz.Dw OF PROPERN OR OWNERSHIP LINES. SHEET 2 OF 3 DEDlCATION PLAT - iZl+ df kARLil3Ab APPLICANT: PREPARED BY: PROJECT: A.P.N.: CATELLUS RESIDfNTIAL GROW IRVINE, CA 92714 SLOPE & TEMPORMY SUITE 400 g&e- 3-3-45 CONSTWC77ON 215-070-14 S PARK F’LAZA JOHN W. HILL JR. LS. 5669 D.SEMEm (714) 251-6100 EX PlRES: 9/X/99 PR. 3.2. IO3 EXHIBIT “B” . f+g \3\*; A 29 OF rry Yb APN 2 15O70- 14 j/j2 j/d, sp/j j/d, 0,064 ACRE 30 0 30 60 90 SCALE 1” = 30’ ia HUNSAKER LEGEND &ASSOCIATES SAN DIEGO, INC h$, INOlCi4 TES SLOPE DZSEMENT RANNHC lw9lbm&uJt~m FNmJmric snD*p.G92m lNOlC4TES TEMPORARY CONSTRUCTiON EASEMENT UllvMNC Rl(679B6-4500-~619)556ut( GoLx8llnn; SHEET 3 OF 3 DEDICATION PLAT - C/7-Y OF CARLSBAD iPPLICANT: PREPARED BY: PROJECT: A.P.N.: CATELLUS f?ESIDENTIAL WIUP SLOPE & TEMPORARY IRVINE, CA 92714 SUITE 400 5PARKPLA.a (714) 251-6100 q.w.&q- 3-3-ye CONS77WC77ON JOHN W. HIU. JR. LS. 5669 USEMENTS EXPIRES: g/30/99 PR. 3.2.7 03 A 215-070-14 EXHIBIT "B" uktiit-7 A 3g es-- II y Y7 RECORDING REQUESTED I31 AND WHEN RECORDED, PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, California 92008 MAIL TAX STATEMENTS TO: EXEMPT - Space above this line for Recorder’s Use - The undersigned grantor(s) dedare(s): Documentary transfer tax is $@ ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: ( x ) City of Carlsbad, and Assessor’s Parcel No.: APN 215-070-20 DOCUMENT NO.: 030HIOA NO RECORDING FEE REQUIRED: THIS DOCUMENT EXEMPT FROM FEE PURSUANT TO SECTION 27383 OF CALtFORNlA GOVERNMENT CODE Project: Poinsettia Lane Extension Location: Poinsettia Lane & Aviara Parkway Reference: RW/030HIDA INDIVIDUAL GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, ERNEST M. HIDALGO and AVELINA HIDALGO, son and mother, as joint tenants hereby GRANTS to the City of Carlsbad, a Municipal Corporation, the following described real property in the City of Carlsbad, County of San Diego, State of California, for public improvement purposes as described in the Exhibit “A” consisting of two (2) pages, attached hereto and made a part hereof, and Exhibit “B” consisting of two (2) pages is attached for clarity only. The Grantor understands that the present intention of the Grantee is to construct and maintain a public highway on the land hereby conveyed in fee and the Grantor, for the Grantor’s successors and assigns, hereby waives any claim for any and all damages to grantor’s remaining property contiguous to the property hereby conveyed by reason of the location, construction, landscaping or maintenance of said highway. (As used above, the term “Grantor” shall include the plural as well as the singular number.) (JANMAC, INC., Expropriation Consultants) (carlsbad\POINSElTIA EXT\DEEDS\03OHIDA) 04/10/98 - - This document was executed this day of ERNEST M. HIDALGO and AVELINA HIDALGO, son and mother, as joint tenants , 1998. ERNEST M. HIDALGO AVELINA HIDALGO (NOTARY JURAT) STATE OF COUNTY OF 1 On before me, (the notary) personally appeared (insert here the names of the parties who personally appeared) personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature: (JANMAC, INC., Expropriation Consultants) (This area for official notarial seal) (carlsbad\POINSETTIA EXT\DEEDS\030HIDA) 04/10/98 - EXHIBIT “A”. LEGAL DESCRIPTION HIDALGO PR. 3.4.316 (POlNSElTlA LANE) THAT PORTION OF PARCEL 1 (DEDICATION PARCEL) DESCRIBED HEREIN LYING WITHIN PARCEL “A” (OWNERSHIP PARCEL) DESCRIBED HEREIN. PARCEL “A” (OWNERSHIP PARCEL) THE SOUTHERLY TWO ACRES OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF FRACTIONAL SECTION 22, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, AS DESCRIBED lN DEED TO ERNEST M: HIDALGO -AND AVELINA HIDALGO RECORDED NOVEMBER 20, 1997, DOCUMENT NO. 1997-0588760 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF. PARCEL 1 (DEDICATION PARCEL) BEING A 102.00 FOOT WIDE STRIP OF LAND LYING 51 .OO FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE CENTERLINE INTERSECTION OF POINSETTIA LANE AND AVIARA PARKWAY (FORMERLY ALGA ROAD) AS SHOWN ON CITY OF CARLSBAD TRACT 90-15, MAP NO. 12972, FILED IN THE OFFICE OF THE COUNTYRECORDER SEPTEMBER 17, 1992, SAID POINT BEING OCCUPIED BY A STREET SURVEY MONUMENT STAMPED “L.S. 5894” PER RECORD OF SURVEY MAP NO. 13348, FILED IN THE OFFICE OF THE COUNTY RECORDER AUGUST 8, 1991, SAID POINT BEARS NORTH 72”12’46” EAST, 593.97 FEET (NORTH 72”47’00” EAST, 593.94 FEET PER 5 OF S 13348) FROM A POINT ON THE CENTERLINE OF SAiD POINSEITIA LANE AS SHOWN ON SAID RECORD OF SURVEY MAP NO. 13348, SAID POINT BEING OCCUPIED BY A STREET SURVEY MONUMENT STAMPED “L.S. 5894”; THENCE LEAVING SAID CENTERLINE INTERSECTION ALONG :DA M:Vegals\l953 Ocean Bluffi004A03.doc wo 1953-4 2f27t98 PAGE 1 OF 2 : j ,A I! .p. I -I l/l ( of IPf SAID CENTERLINE OF POlNSE-l-l-IA LANE, NORTH ?2”12’46” EAST (NORTH 72”47’00” EAST PER MAP 12972), 185.00 FEET TO THE BEGINNING OF TANGENT CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 1400.00 FEET; THENCE NORTHEASTERLY ALONG SAID CENTERLINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02”41’01” A DISTANCE OF 65.57 FEET (02”41’12”, 65.65 FEET PER MAP 12972) TO A POINT ON THE SOUTHERLY LINE OF SAID SECTION 22, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE NORTHEASTERLY ALONG A CONTINUATION OF SAID CENTERLINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 27”50’53”, A DlSiANCE OF 680.46 FEET; THENCE NORTH 41”40’52” EAST, 515.94 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 1400.00 FEET ; THENCE NORTHEASTERLY AND EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 50”47”26” A DISTANCE OF 1241.05 FEET TO A POINT OF TANGE_NCY ON THE SOUTHERLY LINE OF -PARCEL “B” OF CERTIFICATE OF COMPLIANCE RECORDED MARCH 11, 1997, FILE NO. 1997-0106631 OF OFFICIAL RECORDS; THENCE ALONG SAID SOUTHERLY LINE, SOUTH 87”31’42” EAST, 134.77 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL “B”, SAID POINT BEING OCCUPIED BY A J/4 INCH IRON PIPE MARKED “RCE 82 10”. THE SIDELINES OF SAID 102.00 FOOT WIDE STRIP OF LAND TO BE SHORTENED OR EXTENDED SO AS TO TERMINATE SOUTHWESTERLY IN THE SOUTHERLY LINE OF SAID FRACTIONAL SECTION 22 AND NORTHEASTERLY IN THE SOUTHERLY LINE OF PARCEL “B” OF SAID CERTIFICATE OF COMPLIANCE AND EASTERLY IN THE WESTERLY LINE OF BLACK RAIL ROAD PER NOTICE OF PENDING ACTION SUPERIOR COURT CASE NO. NO75924 RECORDED SEPTEMBER 12, 1997, FILE NO. 1997-0444689 OF OFFICIAL RECORDS. -p-Lo- 3’3-py” JOHN W. HILL, JR. L.S. 5669 HUNSAKER & ASSOCIATES SAN DIEGO, INC. :DA M:\Legals\1953 Ocean BlufROO4A03.doc wo 19534 2/27/98 PAGE 2 OF 2 ---- FWIGTIDNAI \ --- --- s~!.y LINE SEC. ---- INDICII TES STREET DEDIGI TION INDICXTES 3/4- IRON PIPE MARKED “RCE 8210’ PER R OF S 12096 INDICATES RECORD DA TA PER MAP 12972 lNDlC4TES RECORD DATA PER R OF S 13348 INDIGITES RECORD DATA PER R OF S 4772 NO SCALE LEGAL DESCRIPTION PORTION OF FiUCTfONAL SEC. 22, T12S, R4W, S&M. SAN OllCO, INC RANMNt IQm-SLSliPtaO ENQNWUNC Sm~G9ZlZl SUKVBWC PHt6l95!XMSOO - F%l67!%SS44% OO1LILcol.~ WE BASIS OF BEARINGS FOR THIS MP I.5 A PORTION OF mE NORTHERLY LINE OF FhXTiONAL SECTION 22, T12S, R4W, S.B.M.. PER MAP NO. 1.3429. I.E. N 89’57’43”CT. SHEET 1 OF 2 DEDICATION PLAT - CITY Of CARLSBAD WLKANT: PREPARED BY: PROJECT: A.P.N.: CATELLUS RESIMNTIAL CROUP IRVINE, CA 92714 POME77M 215-070-20 SUITE 400 p-?--/J-p ?-3-7t 5 PARK PLAZA LANE (714) 251-6100 JOHN W. HILL JR. I.22 5669 MPIRES: g/30/99 PR. 3.4.316 EXHIBIT “B” .- E - F2C,rPls A 45 Oc- 114 .* -. ~~y-jyj~~~~------ I’ NWV4, ~~i’/~‘, s w-l/- ----.-- \ SCALE 1” = 100 Ill DATA SHOWN HEREON IS ElASED ON THE ELBOWING F=l HUNSAKER RECORD OF SURVEY MAPS: 584, 4772, 4773, 5715. A & ASSOCIATES 6.769, 10774, 12096, 13762 AND 14630 RECORD OF I SuRw MAP NO. 14608 SHOWS AL TERNATE LOCATIONS SAW ciltca lnc FOR PROPERN LINES SHOWN HEREON. NO RJNNlNclow- Rsimzm REPR,FSgNm ATION IS MAOE HEREON AS TO THE LOCAnON EtUNmlNC %nOiqati’JRn OF PROPERTY OR OWNERSHIP LINES. SUIVMNC Pt46l9sMK)(I - Txo)ybu14 SHEET 2 OF 2 mxa2.ow DED/cATlON PLAT - Cl7Y OF CARLSRM 4PPLICANT: PREPARED BY: PROJECT: A.P.N.: CATELLUS RES I OENT I AL ~~IJP IRVIK, CA 92714 y/t wk.. 3-3-e POINSrn 215-070-20 SUITE 400 LANE SPARKf’LAZA JOHN W. HIL JR. LS. 5669 (714) 251-6100 PR. 3.4.316 EXHIBIT “B” EXPIRES: g/30/99 5FHug-r A +f CF- ‘V 53 RECORDING REQUESTED B , AND WHEN RECORDED, PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, California 92008 MAIL TAX STATEMENTS TO: EXEMPT The undersigned grantor(s) dedare(s): Documentary transfer tax is $E ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: ( x ) City of Carlsbad, and Assessor’s Parcel No.: APN 215-070-20 DOCUMENT NO.: 031 HIDA Space above this line for Recorder’s Use - NO RECORDING FEE REQUIRED: THIS DOCUMENT EXEMPT FROM FEE PURSUANT TO SECTION 27383 OF CALIFORNIA GOVERNMENT CODE Project: Poinsettia Lane Extension Location: Poinsettia Lane & Aviara Parkway Reference: RW1031HlDA SLOPE AND TEMPORARY CONSTRUCTION EASEMENTS FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, ERNEST M. HIDALGO and AVELINA HIDALGO, son and mother, as joint tenants hereby GRANTS to the CITY OF CARLSBAD, a Municipal Corporation, an easement for the construction and maintenance of a slope and incidents thereto, upon, over and across that certain real property hereinafter described in Exhibit “A” consisting of three (3) pages attached hereto and made a part hereof, and Exhibit “B” consisting of two (2) pages is attached hereto for clarity only, together with; an easement for temporary construction purposes and incidents thereto, upon, over, and across that certain real property hereinafter described in the above referenced Exhibits “A” and “B”. The real property referred to hereinabove and made subject to said slope easement is situated in the City of Carlsbad, County of San Diego, State of California, and is more particularly described as Parcel 2 in the above referenced Exhibits “A” and “B”. The real property referred to hereinabove and made subject to said temporary construction easement is situated in the City of Carlsbad, County of San Diego, State of California, and is more particularly described as Parcel 3 in the above referenced Exhibits “A” and “B”. (JANMAC, INC., Expropriation Consultants) (cartsbad\POINSETfIA EXlIEasements\OJlHIDA) 04/10/98 Exw$-I A u5 0-c ( 19 It is understood and agreed that the Grantor(s) of the temporary construction easement described as Parcel 3 shall not be held liable for any damage to equipment or injury to personnel of said Grantee, its agents or employees, in the performance of the work done within the temporary construction easement. The temporary construction easement shall remain in force for a period of three (3) years from the date this document has been recorded in the Office of the County Recorder of San Diego County. Upon the expiration of said three (3) year period, the Grantee shall have no further rights or liability in connection with said temporary construction easement. This document was executed this day of ,1998. ERNEST M. HIDALGO and AVELINA HIDALGO, son and mother, as joint tenants ERNEST M. HIDALGO AVELINA HIDALGO (NOTARY JURAT) STATE OF COUNTY OF On personally appeared before me, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the enthy upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature: (This area for official notarial seal) (JANMAC, INC., Expropriation Consultants) (carlsbad\POINSETTIA EXT\Easements\OJlHIDA) 04/10/98 csw-+i&~ 4 4b OG i fcq s-5 EXHIBIT “A”. LEGAL DESCRIPTION HlDALGO PR. 3.2.104 (SLOPE & TEMPORARY CONSTRUCTION EASEMENTS) THOSE PORTIONS OF THE SOUTHERLY TWO ACRES OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF FRACTIONAL SECTION 22, TOWNSHIP 12 SOUTH; RANGE 4 WEST, SAN BERNARDINO MERIDIAN, AS DESCRIBED IN DEED TO ERNEST M. HIDALGO AND AVELINA HIDALGO RECORDED NOVEMBER 20, 1997, DOCUMENT NO. 1997-0588760 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, BEING MORE PARTICULARLY s DESCRIBED AS FOLLOWS: PARCEL 1 (REFERENCE ONLY POINSETTIA LANE) BEING A 102.00 FOOT WIDE STRIP OF LAND LYING 51.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE CENTERLINE INTERSECTION OF POINSETTIA LANE AND AVIARA PARKWAY (FORMERLY ALGA ROAD) AS SHOWN ON CITY OF CARLSBAD TRACT 90-15, MAP NO. 12972, FILED IN THE OFFICE OF THE COUNTYRECORDER SEPTEMBER 17, 1992, SAID POINT BEING OCCUPIED BY A STREET SURVEY MONUMENT STAMPED “L.S. 5894” PER RECORD OF SURVEY MAP NO. 13348, FILED IN THE OFFICE OF THE COUNTY RECORDER AUGUST 8, 1991, SAID POINT BEARS NORTH 72”12’46” EAST, 593.97 FEET (NORTH 72”47’00”, EAST, 593.94 FEET PER R OF S 13348) FROM A POINT ON THE CENTERLINE OF SAID POINSETTIA LANE AS SHOWN ON SAID RECORD OF SURVEY MAP NO. 13348, SAID POINT BEING OCCUPIED BY A STREET SURVEY MONUMENT STAMPED “L.S. 5894”; THENCE LEAVING SAID CENTERLINE INTERSECTION ALONG SAID CENTERLINE OF POINSETTIA LANE, NORTH 72”12’46” EAST (NORTH 72”47’00” EAST PER MAP 12972), 185.00 FEET TO THE BEGINNING OF TANGENT CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 1400.00 FEET; THENCE NORTHEASTERLY ALONG SAID CENTERLINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02”41’01” A DISTANCE OF 65.57 FEET (02”41’12”, 65.65 FEET PER :DA M:\Legals\1953 Ocean BluftI004AlO.doc wo 1953-4 2ml90 PAGE 1 OF 3 I- ..&.‘ ‘,’ ‘4 .:n’- t’ +- 47 4 rry S6 MAP 12972) TO A POINT ON THE SOUTHERLY LINE OF SAID SECTION 22, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE NORTHEASTERLY ALONG A CONTINUATION OF SAID CENTERLINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 27”50’53”, A DISTANCE OF 680.46 FEET; THENCE NORTH 41”40’52” EAST, 515.94 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY, HAVING A RADlUS OF 1400.00 FEET ; THENCE NORTHEASTERLY AND EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 50”47”26” A DISTANCE OF 1241.05 FEET TO A POINT OF TANGENCY ON THE SOUTHERLY LINE OF PARCEL “B” OF CERTIFICATE OF COMPLIANCE RECORDED MARCH 11, 1997, FILE NO. 1997-0106631 OF OFFICIAL RECORDS; THENCE ALONG SAID SOUTHERLY LINE, SOUTH 87”31’42” EAST, 134.77 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL “B”, SAID POINT BEING OCCUPIED BY A % INCH IRON PIPE MARKED “RCE 8210”. - THE SIDELINES OF SAID 102.00 FOOT WIDE STRIP OF LAND TO BE SHORTENED OR EXTENDED SO AS TO TERMINATE SOUTHWESTERLY IN THE SOUTHERLY LINE OF SAID FRACTIONAL SECTION 22 AND NORTHEASTERLY IN THE SOUTHERLY LINE OF PARCEL “B” OF SAID CERTIFICATE OF COMPLIANCE AND EASTERLY IN THE WESTERLY LINE OF BLACK RAIL ROAD PER NOTICE OF PENDING ACTION SUPERIOR COURT CASE NO. NO75924 RECORDED SEPTEMBER 12, 1997, FILE NO. 1997-0444689 OF OFFICIAL RECORDS. PARCEL 2 (SLOPE EASEMENT) BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 22; THENCE ALONG THE SOUTHERLY LINE THEREOF, SOUTH 87”31’12” EAST, 39.05 FEET; THENCE LEAVING SAID SOUTHERLY LINE, NORTH 44”57’59” EAST, 178.53 FEET TO A POINT ON THE NORTHERLY LINE OF THE SOUTHERLY TWO ACRES OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 22; THENCE ALONG SAID NORTHERLY LINE, NORTH 87”31’12” WEST, 51.93 FEET TO AN INTERSECTION WITH THE .SOUTHERLY LINE OF THE HEREINABOVE DESCRIBED PARCEL 1 (PROPOSED POlNSEl-l-IA LANE) SAID POINT BEING THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 1349.00 FEET A RADIAL LINE TO SAID POINT BEARS NORTH 47”13’15” :DA M:Legals\l953 Ocean BluffiOO4A1O.doc wo i 9534 2127198 PAGE 2 OF 3 ta-i lQl,?r a, Ye 6f /pl - - WEST; THENCE SOUTHWESTERLY ALONG SAID SOUTHERLY LINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF Ol”O5’53” A DISTANCE OF 25.85 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY LINE, SOUTH 41”40’52” WEST, 144.24 FEET; TO THE POINT OF BEGINNING. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.138 ACRE MORE OR LESS. PARCEL 3 (TEMPORARY CONSTRUCTION EASEMENT) BEING A 20.00 FOOT WIDE STRIP OF LAND, THE SOUTHEASTERLY LINE BEING PARALLEL WITH AND 20.00 FEET SOUTHEASTERLY OF THE SOUTHEASTERLY LINE OF THE HEREINABOVE DESCRIBED PARCEL 2. THE SOUTHEASTERLY -SIDELINE OF SAID 20.00 FOOT WIDE STRIP OF LAND TO BE SHORTENED OR EXTENDED SO AS TO TERMINATE SOUTHWESTERLY IN THE SOUTHERLY LINE OF THE SOUTHERLY TWO ACRES OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 22 AND NORTHEASTERLY IN THE NORTHERLY LINE OF THE SOUTHERLY TWO ACRES OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 22. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.082 ACRE MORE OR LESS. JOHN W. HILL, JR. L.S. 5669 HUNSAKER & ASSOCIATES SAN DIEGO, INC. :DA M:\Legals\l953 Ocean BluffI004AlO.doc wo 1953-4 2/27/9a PAGE 3 OF 3 fs%lrti&r-fA 4q of IJY ---- RQS -]4630 “L.S. 5894” PER R OF S 13348. INDltZX TES 3f 4” IRON PIPE MARKED XCE 8210 PER R OF S 12096 ( > INDfC4TE.S RECORD DATA PER MAP 12972 INDlCdTES RECORD DATA PER R OF S 1.3348 INDICXTES RECORD DATA PER R OF S 4772 No SCALE LEGAL DESCRPTION PORTfON OF FR4CTfONAL SEC. 22, 7125. R4W. S.B.M. BASIS OF B-GS* THE &ISIS OF BE4RfNGS FOR THfS i4AP IS A PORTION OF THE NORTHERLY LINE OF FR4CTlONAL SECTION 22. Tl2S. R4W, S.B.M., PER MAP NO. 13429, I.E. N 89’57’43% SHEET 1 OF 2 DEDICATION PL4T - CITY OF CARLSR4f.l PPLICANT: PREPARED BY: PROJECT: A.P.N.: CATELLUS RESIDENT I AL CROUP IRVINE, CA 92714 SLOPE & TEMPOMY 215-070-20 SUITE 400 5 PARK PLAZA (714) 251-6100 JOHN W. HILL. JR. LS. 5669 EXPIRES: 9/M/99 PR. 3.2.104 EXHIBIT "B" -- &afrgr-pq so of /rJ APN 2 15-070-20 0.082 ACRE ----- __ - X\~,\yY -----___ -.7y --- _ I p 0 Bl/ PiRdEL’ 2 / ~~...~~,~~~~~~~~~~~~~~~ 1 .-YV, .__- p. 0. Ce / -----. - v ./ / ,/ \ T p o B ‘E No- ’ LJJIJ UF- 0.R. . . . . PARCEL 3 r\\\y INDICA TES I SLOPE E;LSEhiENT 4o 0 . ..^.^.--I WC. ._^^. ^.. l-. INUIC‘AIt.3 ItMtWKAKY CONSTRUCTION EASEMENT .rn NOTE: gxgsc-g-, a. . -. . - ^ . . . - - SCALE 1" = 40' . UlNCAVl32 DATA SHOWN HEREON IS BASED ON THE FOLLOWING I s RECORD OF SURVEY MAPS: 584, 4772, 4773, 5715, 6269, 10774, 12096, 13762 AND 14630. RECORD OF Id SURVEY MAP NO. 14608 SHOWS ALTERNATE LOCATIONS PUHHNC lov9-k~MO -.-.-...- _ --*t9ltn FOR PROPERN LINES SHOWN HEREON. NO kc. IL-m. oll‘s\rrL.*.r RFPRFSFNTATION IS MADE HEREON AS TO THE LOCATION __ ____ - nc r) I tNm%mNG Sam SLRWYINC wb79 ,--r*wopaIrc” .-. . ._-_. . .._. OWNERSHIP LINES. Si-lttl z vi- L DEDlCAnON PLAT - CllY OF CARLSBAD APPLICANT: PREPARED BY: PROJECT: A.P.N.: CATELLUS RESIDENTIAL CROW IRVINE. CA 92714 SLWE h TEMPORARY s &Q-- ?-? +& CONSTRUCTION 215-070-20 I n,,r.- ."a-. 3UllC 4uu 5PAlxPLAZA (714) 251-6100 JUHN W. HILL. JK. Lb. 5&a EXPIRES: 9/M/99 .-.... . . . . .^ . - -==a USEMEWS n-m71nvrn ,SD” 1 I PR. 3.2104 RECORDING REQUESTED BY AND WHEN RECORDED, PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, California 92008 MAIL TAX STATEMENTS TO: EXEMPT - Space above this line for Recorder’s Use - The undersigned grantor(s) declare(s): Documentary transfer tax is $o.oO ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: ( x ) City of Carlsbad, and Assessoh Parcel No.: APN 215-070-19 DOCUMENT NO.: 040BAKE NO RECORDING FEE REQUIRED: THIS DOCUMENT EXEMPT FROM FEE PURSUANT TO SECTION 27383 OF CALIFORNIA GOVERNMENT CODE Project: Poinsettia Lane Extension Location: Poinsettia Lane 8 Aviara Parkway Reference: RWIOIOBAKE INDIVIDUAL GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, WILLIAM BAKER and DONNA MARIE BAKER, husband and wife as joint tenants hereby GRANTS to the CITY OF CARLSBAD, a Municipal Corporation, the following described real property which is situated in the City of Cartsbad, County of San Diego, State of California, as more particularly described in the attached Exhibit “A” and as shown on the attached Exhibit “B”. The Grantor understands that the present intention of the Grantee is to construct and maintain a public highway on the lands hereby conveyed in fee and the Grantor, for the Grantor’s successors and assigns, hereby waives any claims for any and all damages to grantor’s remaining property contiguous to the property hereby conveyed by reason of the location, construction, landscaping or maintenance of said highway. (As used above, the term “Grantor” shall include the plural as well as the singular number.) (JANMAC. INC.. Exproprlation Consultants) (cansbad\POINSETTIA EXT\DEEDS\04OBAKE) E~+f~.~i’T A- 5% 04 wf This document was executed this day of WILLIAM BAKER and DONNA MARIE BAKER, husband and wife as joint tenants , 1998. WILLIAM BAKER DONNA MARIE BAKER (NOTARY JURAT) STATE OF COUNTY OF On personally appeared before me, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies). and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature: (This area for okial notarial seal) (JANMAC. INC., Expropriation Consultants) (carlsbad\POINSETTIA EXT\DEEDS\040BAKE) C% b igr ‘i. A- 53 3-F If y EXHIBIT “A”. LEGAL DESCRIPTION BAKER PR. 3.4317 (POINSETTIA LANE & BRIGANTINE DRIVE) THOSE PORTIONS OF PARCELS 1, 2 AND 3 (DEDICATION PARCELS) DESCRIBED HEREIN LYING WITHIN PARCEL “A” (OWNERSHIP PARCEL) DESCRIBED HEREIN. PARCEL “A” (OWNERSHIP PARCEL) ALL OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF FRACTIONAL SECTION 22, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, AS DESCRIBED IN DEED TO WILLIAM AND DONNA MARIE BAKER RECORDED AUGUST 11, 1997, DOCUMENT NO. 1997-0383428 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY, IN THE CITY OF CARLSBAD, COUNlY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PlAT THEREOF. EXCEPTING THEREFROM THE SOUTHERLY TWO ACRES. ALSO EXCEPTING THEREFROM THE EASTERLY 208 2/3 FEET OF THE NORTHERLY 208 2/3 FEET AS DESCRIBED IN DEED TO MILDRED McMILLAN, RECORDED MAY 9, 1966 AS FILE NO. 77307 OF OFFICIAL RECORDS. PARCEL 1 (DEDICATION PARCEL - POINSETTIA LANE) BEING A 102.00 FOOT WIDE STRIP OF IAND LYING 51 .OO FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: PAGE 1 OF 5 :DA M:\Legals\lg53 Ocean BlufflO04A04.doc wo 1953-4 2127198 I ” :i ‘* 4 .i,.,i ; * 5q 0: wj 63 COMMENCING AT THE CENTERLINE INTERSECTION OF POlNSE-lTlA LANE AND AVIARA PARKWAY (FORMERLY ALGA ROAD) AS SHOWN ON CITY OF ‘CARLSBAD TRACT 90-15, MAP NO. 12972, FILED IN THE OFFICE OF THE COUNTY RECORDER SEPTEMBER 17,1992, SAID POINT BEING OCCUPIED BY A STREET SURVEY MONUMENT STAMPED “L.S. 5894” PER RECORD OF SURVEY MAP NO. 13348, FILED IN THE OFFICE OF THE COUNTY RECORDER AUGUST 8, 1991, SAID POINT BEARS NORTH 72’12’46” EAST, 593.97 FEET (NORTH 72°47’OO” EAST, 593.94 FEET PER R OF S 13348) FROM A POINT ON THE CENTERLINE OF SAID POINSETTIA LANE AS SHOWN ON SAID RECORD OF SURVEY MAP NO. 13348, SAID POINT BEING OCCUPIED BY A STREET SURVEY MONUMENT STAMPED “L-S. 5894”; THENCE LEAVING SAID CENTERLINE INTERSECTION ALONG SAID CENTERLINE OF POlNSEl-l-IA LANE, NORTH 72’12’46” EAST (NORTH 72O47’00” EAST PER MAP 12972), 185.00 FEET TO THE BEGINNING OF TANGENT CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 1400.00 FEET; THENCE NORTHEASTERLY ALONG SAID CENTERLINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02°41’01” A DISTANCE OF 65.57 FEET (02O41’12”, 65.65 FEET PER MAP 12972) TO A POINT ON THE SOUTHERLY LINE OF SAID SECTION 22, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE NORTHEASTERLY ALONG A CONTINUATION OF SAID CENTERLINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 27O50’53”, A DISTANCE OF 680.46 FEET; THENCE NORTH 41’40’52” EAST, 515.94 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 1400.00 FEET ; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 08°11’26” A DISTANCE OF 200.13 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT “A”; THENCE CONTINUING NORTHEASTERLY AND EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 42’36’00” A DISTANCE OF 1040.92 FEET TO A POINT ON THE SOUTHERLY LINE OF PARCEL “B” OF CERTIFICATE OF COMPLIANCE RECORDED MARCH 11, 1997, FlLi NO. 1997-0106631 OF OFFICIAL RECORDS; THENCE ALONG SAID SOUTHERLY LINE, SOUTH 87’31’42” :DA M:\Legals\l953 Ocean BluW1004AO4.doc wo 1953-4 iY27t9a PAGE 2 OF 5 EAST, 134.77 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL “B”, SAID POINT BEING OCCUPtED BY A %” IRON PIPE MARKED “RCE 8210”. THE SIDELINES OF SAID 102.00 FOOT WIDE STRIP OF LAND TO BE SHORTENED OR EXTENDED SO AS TO TERMINATE SOUTHWESTERLY IN THE SOUTHERLY LINE OF SAID FRACTIONAL SECTION 22 AND NORTHEASTERLY IN THE SOUTHERLY LINE OF PARCEL “B” OF SAID CERTIFICATE OF COMPLIANCE AND EASTERLY IN THE WESTERLY LINE OF BLACK RAIL ROAD PER NOTICE OF PENDING ACTION SUPERIOR COURT CASE NO. NO75924 RECORDED SEPTEMBER 12, 1997, FILE NO. 1997-0444689 OF OFFICIAL RECORDS. PARCEL 2 (DEDICATION PARCEL - PORTION OF BRIGANTINE DRIVE) BEING A 42.00 FOOT WIDE STRIP OF LAND LYING 12.00 FEET WESTERLY AND 30.00 FEET EASTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE HEREINABOVE DESCRIBED POINT “A” SAID POINT BEING ON THE ARC OF A 1400.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY A RADIAL LINE TO SAID POINT BEARS NORTH 40”07’42” WEST; THENCE RADIAL FROM SAID CURVE, NORTH 40”07’42” WEST, 51 .OO FEET TO A POINT .ON THE NORTHWESTERLY LINE OF THE HEREINABOVE DESCRIBED PARCEL 1 SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 40007*421’ WEST, 127.52 FEET TO A TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 300.00 FEET; THENCE NORTHWESTERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 17”29’29”, AN ARC LENGTH OF 91.58 FEET; THENCE NORTH 22”38’13” WEST, 117.15 FEET TO A TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 300.00 FEET: THENCE NORTHWESTERLY, ALONG :DA M:\Legals\1953 Ocean BluffWXA04.doc wo 1953-4 2/27/9a THE ARC OF SAID CURVE, THROUGH A CENTRAL PAGE 3 OF 5 _- - ANGLE OF 11”33’05”, AN ARC LENGTH OF 60.48 FEET TO THE POINT OF TERMINUS SAID POINT BEING ON THE SOUTHERLY LINE OF PARCEL “B” OF CERTIFICATE OF COMPLIANCE RECORDED MARCH 11, 1997 FILE NO. 1997- 0106631 OF OFFICIAL RECORDS AND LYING SOUTH 87”27’43” EAST, 3.54 FEET FROM THE SOUTHWEST CORNER OF SAID PARCEL “B”, THE CONTINUATION OF SAld CURVE BEING TANGENT TO AND ENDING ON THE WESTERLY LINE OF SAID PARCEL “B”. THE SIDELINES OF SAID 42.00 FOOT WIDE STRIP OF LAND TO BE SHORTENED OR EXTENDED SO AS TO TERMINATE SOUTHERLY IN THE NORTHWESTERLY LINE OF THE HEREINABOVE DESCRIBED PARCEL 1 AND NORTHWESTERLY IN THE WESTERLY LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID FRACTIONAL SECTION 22 AND NORTHERLY IN THE SOUTHERLY LINE OF PARCEL “B” OF CERTIFICATE OF COMPLIANCE RECORDED MARCH II, 1997 FILE NO. 1997-0106631 OF OFFICIAL RECORDS. TOGETHER WITH THAT PORTION OF SAID FRACTIONAL SECTION 22, LYING BETWEEN THE NORTHEASTERLY SIDELINE OF THE HEREINABOVE DESCRIBED PARCEL 2, THE NORTHWESTERLY SIDELINE OF THE HEREINABOVE DESCRIBED PARCEL 1 AND THE ARC OF A 20.00 FOOT RADIUS CURVE CONCAVE NORTHERLY, SAID CURVE BEING TANGENT TO EACH OF THE LAST TWO MENTIONED LINES. PARCEL 3 (DEDICATION PARCEL - PORTION OF BRIGANTINE DRIVE) BEGINNING AT THE MOST SOUTHERLY CORNER OF THE HEREINABOVE DESCRIBED PARCEL 2, SAID POINT BEING ON THE NORTHWESTERLY SIDELINE OF THE HEREINABOVE DESCRIBED PARCEL 1, SAID POINT BEING ON THE ARC OF A 1451 .OO FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL LINE PAGE 4 OF 5 :DA M:\Legals\1953 Ocean BluffiO04A04.doc wo 1953-4 2/27t98 t5wQlI i$ 5-q oc II y 66 - - TO SAID POINT BEARS NORTH 40”36’08” WEST; THENCE SOUTHWESTERLY ALONG THE NORTHWESTERLY SIDELINE OF SAID PARCEL 1 AND THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 01”28’27”, AN ARC LENGTH OF 37.33 FEET TO A POINT OF CUSP WITH A 20.00 FOOT RADIUS CURVE CONCAVE WESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 42”04’34” EAST; THENCE LEAVING SAID NORTHWESTERLY SIDELINE, NORTHEASTERLY, NORTHERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 88”03’08” AN ARC LENGTH OF 30.74 FEET; THENCE RADIAL FROM SAID CURVE NORTH 49”52’18” EAST, 18.00 FEET TO A POINT ON THE SOUTHWESTERLY SIDELINE OF THE HEREINABOVE DESCRIBED PARCEL 2; THENCE ALONG SAID SOUTHWESTERLY SIDELINE, SOUTH 40”07’42” EAST, 19.20 FEET TO THE POINT OF BEGINNING. THE HEREINABOVE DESCRIBED PARCELS I,2 AND 3 CONTAIN 1.597 ACRES OF LAND MORE OR LESS JOHN W. HILL, JR. L.S. 5669 HUNSAKER & ASSOCIATES SAN DIEGO, INC. :DA M:Vegals\l953 Ocean BIum004AO4.doc WO 19534 2/27/98 PAGE 5 OF 5 f--m4T A 5R J4 II9 INDIGI TES STREET DEDIC4 TION - 1.597 ACRES INDICATES STREET SURVEY MONUMENT STAMPED Z.S. 5894” PER R OF S 13348. INDICXTES 3f 4 - IRON PIPE MARKED “RCE 8210 PER R OF S 12096 “““““““““” w NO SCALE INDICATES RECORD DATA PER MAP 12972 [ ] INDICATES RECORD DATA PER R OF S 13348 (( >> INDIGITES RECORD DATA PER CERTfFilcATE OF COMPLIANCE REC. 3/l l/97, 1997-0106631 O.R. PORTION OF FRACTIONAL SEC. 22. T12S. R4w. S.B.M. - mvYl.hmdmn5Lkhzoo THE NORZJ-iERLY LINE OF FmCTIOU4L SECTION 22, T12S, ENQNEEUNG SmDiqo.Ca9?lZl R4w, S.&M., PER MAP NO. 13429. I.E. N 89’57’43% SURVMNC PHt6l9k584SOO. FX(6?9bSblM oofum1.DwI; SHEET 1 OF 2 DEDlcATION PiAT - cm OF CARLSBAO IP PLICANT: PREPARED BY: PROJECT: A.P.N.: CATELLUS RESIDENTIAL GROUP IRVIM. CA 92714 SUITE 400 dp 3-?-?f!! POllVSE77U 215-070-19 5 PARK PLAZA MAE (714) 251-6100 JOHN W. HILL. JR. LS. 5669 EXPIRES: 9/M/99 PI?. 3.4.3 17 EXHIBIT “B” R *, t%tfrr?ir A sq of I’V bY ((N 86X$40 W)) :’ ; / ’ RT’7’4JW 3.54’ i Z&Y LINE PA&EL -BB’ CERIX!cIIjk OF COMPL&fjCE RECORDED 34’1/97, FILE id?. .i997-0106631 (JR. ’ , .! .iEiiiGi~-j$~~~jRD~ - - - I NO- 204kT~ nr fin -4-L- 1.2 14 ACRES .--- ____--------- --- -- ,-,------z ----- MUNICIPAL WATER DISTRICT REC. ----- ---- -- --v Ex’sr. ACCESS &?f’ENT RECORDED W28/65, fZE NO. 232866 OF (JR. 100 0 1.00 200 300 iVOTE SCALE 1” = 100’ HI : HUNSAKER DATA SHOWN HEREON IS BASED ON THE FOLLOWING ’ ; &ASSOCIATES RECORD OF SURVEY MAPS: 564, 4772, 4773, 5715, 6269, 10774, 12096, 13762 AND 74630. RECORD OF SAN DIEGO. 1°C SURVEY MAP NO. 14608 SHOWS ALTERNATE LOCATIONS rwwmc mHrmdr~StSlhczo0 FOR PROPERTY LINES SHOWN HEREON. NO -YJG S~DiegqGY2Ul SUWEWJC Pl+6?9kJJ4500~ ~6l9)55bW4 REPRESENTATION IS MADE HEREON AS TO THE LOCATION oo~xmz.om; OF PROPERN OR OWNERSHIP LINES. sEEr2oF i 2 DEDlCATi’ON RAT - cm’ OF CARl.SMD \PPLICANT: CATELLUS RES I CENT I AL GROUP IRVINE, CA 92714 SUITE 400 5PAfWPLAZA (714) 251-6100 PREPARE0 8Y: JOHN W. HILL. JR. LS. 5669 EXPIRES: g/30/99 PROJECT: POINSTIA LANE BRIGANTINE DRIVE PR. 3.4.317 A.P.N.: 215-070-19 EXHIBIT “B” ((5 KkI\ljl-r A 60 04 llY v RECORDING REQUESTED B , AND WHEN RECORDED, PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, California 92008 MAIL TAX STATEMENTS TO: EXEMPT I - Space above this line for Recorder’s Use - The undersigned grantor(s) declare(s): Documentary transfer tax is $o.oO ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. NO RECORDING FEE REQUIRED: THIS DOCUMENT EXEMPT FROM FEE PURSUANT TO SECTION 27383 OF CALIFORNIA GOVERNMENT CODE ( ) Unincorporated area: ( x ) City of Carlsbad, and Asseasots Parcel No.: APN 215-070-l 9 DOCUMENT NO.: 041 BAKE Project: Poinsettia Lane Extension Location: Poinsettia Lane & Aviara Parkway Reference: RW/041BAKE SLOPE, DRAINAGE AND TEMPORARY CONSTRUCTION EASEMENTS FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, WILLIAM BAKER and DONNA MARIE BAKER, husband and wife as joint tenants hereby GRANTS to the CITY OF CARLSBAD, a Municipal Corporation, easements for the construction and maintenance of slopes and incidents thereto, upon, over and across that certain real property hereinafter described, together with; easements for the construction and maintenance of drainage structures and incidents thereto, upon, over and across that certain real property hereinafter described, and together with; easements for temporary construction purposes and incidents thereto, upon, over, and across that certain real property hereinafter described. The real property referred to hereinabove and made subject to said slope easements is situated in the City of Carlsbad, County of San Diego, State of California, and is more particularly described in the attached Exhibit “A” as Parcels 4, 5 and 6 as shown on the attached Exhibit “B” as Parcels 4, 5 and 6. (JANMAC, INC.. Expropriation Consultants) (carlsbad\POINSETTIA EXT\Easements\041BAKE) EWi~~T A 61 7-f I IV 70 The real property referred to hereinabove and made subject to said drainage easements is situated in the City of Carlsbad, County of San Diego, State of California, and is more particularly described in the attached Exhibit “A” as Parcels 10 and 11, as shown on the attached Exhibit “B” as Parcels IO and 11. The real property referred to hereinabove and made subject to said temporary construction easements is situated in the City of Carlsbad, County of San Diego, State of California, and is more particularly described in the attached Exhibit “A” as Parcels 7, 8 and 9, as shown on the attached Exhibit “B” as Parcels 7, 8 and 9. It is understood and agreed that the Grantor(s) of the temporary construction easement shall not be held liable for any damage to equipment or injury to personnel of said Grantee, its agents or employees, in the perform- ance of the work done within the temporary construction easement. The temporary construction easement shall remain in force for a period of three (3) years from the date this document has been recorded in the Office of the County Recorder of San Diego County. Upon the expiration of said three (3) year period, the Grantee shall have no further rights or liability in connection with said temporary construction easement. This document was executed this day of , 1998. WILLIAM BAKER and DONNA MARIE BAKER, husband and wife as joint tenants WILLIAM BAKER DONNA MARIE BAKER (NOTARY JURAT) STATE OF COUNTY OF On personally appeared before me. ;ss. i personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature: (This area for official notarial sea/) (JANMAC. INC., Expropriation Consultants) (carlsbad\POINSETTIA EXnEasements\041 BAKE) b-w~;~A L/L 0-t 1’4 - EXHIBIT “A”. LEGAL DESCRIPTION BAKER PR. 3.2105 (SLOPE, TEMPORARY CONSTRUCTION, & DRAINAGE EASEMENTS) THOSE PORTIONS OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF FRACTIONAL SECTION 22, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, AS DESCRIBED IN DEED TO WILLIAM AND DONNA MARIE BAKER RECORDED AUGUST 11, 1997, DOCUMENT NO. 1997-0383428 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, BEING MORE PARTICULARLY DESCRIBED AS FOLLOW: EXCEPTING THEREFROM THE SOUTHERLY TWO ACRES. ALSO EXCEPTING THEREFROM THE EASTERLY 208 213 FEET OF THE NORTHERLY 208 213 FEET AS DESCRIBED IN DEED TO MILDRED McMlLLAN, RECORDED MAY 9,1966 AS FILE NO. 77307 OF OFFICIAL RECORDS. PARCEL 1 (REFERENCE ONLY POINSETTIA LANE) BEING A 102.00 FOOT WIDE STRIP OF LAND LYING 51.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE CENTERLINE INTERSECTION OF POINSETTIA LANE AND AVIARA PARKWAY (FORMERLY ALGA ROAD) AS SHOWN ON CITY OF CARLSBAD TRACT 90-15, MAP NO. 12972, FILED IN THE OFFICE OF THE COUNTY RECORDER SEPTEMBER 17, 1992, SAID POINT BEING OCCUPIED BY A STREET SURVEY MONUMENT STAMPED “L.S. 5894” PER RECORD OF SURVEY MAP NO. 13348, FILED IN THE OFFICE OF THE COUNTY RECORDER AUGUST 8, 1991, SAID POINT BEARS NORTH 72’12’46” EAST, 593.97 FEET (NORTH 72’47’00” EAST, DA M:\Legals\l953 Ocean BluM004A15doc wo 1953-4 2127198 PAGE 1 OF 12 r-*, I, ‘.i. tL .e ’ $’ L... 163 06 w 12 593.94 FEET PER R OF S 13348) FROM A POINT ON THE CENTERLINE OF SAID POINSETTIA LANE AS SHOWN ON SAID RECORD OF SURVEY MAP NO. 13348, SAID POINT BEING OCCUPIED BY A STREET SURVEY MONUMENT STAMPED “L.S. 5894”; ‘THENCE LEAVING SAID CENTERLINE INTERSECTION ALONG SAID CENTERLINE OF POINSETTIA LANE, NORTH 72’12’46” EAST (NORTH 72°47’OO” EAST PER MAP 12972), 185.00 FEET TO THE BEGINNING OF TANGENT’CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 1400.00 FEET; THENCE NORTHEASTERLY ALONG SAID CENTERLINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02°41’01” A DISTANCE OF 65.57 FEET (02°41’12”, 65.65 FEET PER MAP 12972) TO A POINT ON THE’ SOUTHERLY LINE OF SAID SECTION 22, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE NORTHEASTERLY ALONG A CONTINUATION OF SAID CENTERLINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE 0; 27O50’53”, A DISTANCE OF 680.46 FEET; THENCE NORTH 41’40’52” EAST, 515.94 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 1400.00 FEET ; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 08°11’26” A DISTANCE OF 200.13 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT “A”; THENCE CONTINUING NORTHEASTERLY AND EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 42°36’OO” A DISTANCE OF 1040.92 FEET TO A POINT ON THE SOUTHERLY LINE OF PARCEL “B” OF CERTIFICATE OF COMPLIANCE RECORDED MARCH 11, 1997, FILE NO. 1997-0106631 OF OFFICIAL RECORDS; THENCE ALONG SAID SOUTHERLY LINE, SOUTH 87031’42” EAST, 134.77 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL “B”, SAID POINT BEING OCCUPIED BY A 314” IRON PIPE MARKED “RCE 8210”. THE SIDELINES OF SAID 102.00 FOOT WIDE STRIP OF LAND TO BE SHORTENED OR EXTENDED SO AS TO TERMINATE SOUTHWESTERLY IN THE SOUTHERLY LINE OF SAID FRACTIONAL SECTION 22 AND NORTHEASTERLY IN THE SOUTHERLY LINE OF PARCEL “B” OF SAID CERTIFICATE OF COMPLIANCE AND EASTERLY IN THE WESTERLY LINE OF BLACK RAIL ROAD PER NOTICE OF :DA M:\Legals\1953 Ocean Bluffl004A15doc wo 1953-4 2f2719a PAGE 2 OF 12 6wm-c A 6V of ,ry 73 PENDING ACTION SUPERIOR COURT CASE NO. NO75924 RECORDED SEPTEMBER 12, 1997, FILE NO. 1997-0444689 OF OFFICIAL RECORDS. PARCEL 2 (REFERENCE ONLY - PORTION OF BRIGANTINE DRIVE) BEING A 42.00 FOOT WIDE STRIP OF LAND LYING 12.00 FEET WESTERLY AND 30.00 FEET EASTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE HEREINABOVE DESCRIBED POINT “A” SAID POINT BEING ON THE ARC OF A 1400.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY A RADIAL LINE TO SAID POINT BEARS NORTH 40”07’42” WEST; THENCE RADIAL FROM SAID CURVE, NORTH 40”07’42” WEST, 51.00 FEET TO A POINT ON THE NORTHWESTERLY LINE OF THE HEREINABOVE DESCRIBED PARCEL I SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 40”07’42” WEST, 127.52 FEET TO A TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 300.00 FEET; THENCE NORTHWESTERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 17”29’29”, AN ARC LENGTH OF 91.58 FEET; THENCE NORTH 22”38’13” WEST, 117.15 FEET TO A TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 300.00 FEET; THENCE NORTHWESTERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 11”33’05”, AN ARC LENGTH OF 60.48 FEET TO THE POINT OF TERMINUS SAID POINT BEING ON THE SOUTHERLY LINE OF PARCEL “B” OF CERTIFICATE OF COMPLIANCE RECORDED MARCH II, 1997 FILE NO. 1997- 0106631 OF OFFICIAL RECORDS AND LYING SOUTH 87”27’43” EAST, 3.54 FEET FROM THE SOUTHWEST CORNER OF SAID PARCEL “B”, THE CONTINUATION OF SAID CURVE BEING TANGENT TO AND ENDING ON THE WESTERLY LINE OF SAID PARCEL “B”. PAGE3OF12 :DA M:Vegals\l953 Ocean BluffI004AlS.doc wo 1953-4 z27198 b-&l wrz4- 6s & f iy THE SIDELINES OF SAID 42.00 FOOT WIDE STRIP OF LAND TO BE SHORTENED OR EXTENDED SO AS TO TERMINATE SOUTHERLY IN THE NORTHWESTERLY LINE OF THE HEREINABOVE DESCRIBED PARCEL 1 AND NORTHWESTERLY IN THE WESTERLY LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 22 AND NORTHERLY IN THE SOUTHERLY LINE OF PARCEL “B” OF CERTIFICATE OF COMPLIANCE RECORDED MARCH 11, 1997 FILE NO. 1997-0106631 OF OFFICIAL RECORDS. TOGETHER WITH THAT PORTION OF SAID FRACTIONAL SECTION 22, LYING BETWEEN THE NORTHEASTERLY SIDELINE OF THE HEREINABOVE DESCRIBED PARCEL 2, THE NORTHWESTERLY SIDELINE OF THE HERElNA&VE DESCRIBED PARCEL 1 AND THE ARC OF i 20.00 FOOT RADIUS CURVE CONCAVE NORTHERLY, SAID CURVE BEING TANGENT TO EACH OF THE LAST TWO MENTIONED LINES. PARCEL 3 (REFERENCE ONLY, PORTION OF BRIGANTINE DRIVE) BEGINNING AT THE MOST SOUTHERLY CORNER OF THE HEREINABOVE DESCRIBED PARCEL 2, SAID POINT BEING ON THE NORTHWESTERLY SIDELINE OF THE HEREINABOVE DESCRIBED PARCEL I, SAID POINT BEING ON THE ARC OF A 1451.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 40”36’08” WEST; THENCE SOUTHWESTERLY ALONG THE NORTHWESTERLY SIDELINE OF SAID PARCEL 1 .AND THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 01”28’27”, AN ARC LENGTH OF 37.33 FEET TO A POINT OF CUSP WITH A 20.00 FOOT RADIUS CURVE CONCAVE WESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 42’04’34” EAST; THENCE LEAVING SAID NORTHWESTERLY SIDELINE, NORTHEASTERLY, NORTHERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 88”03’08” AN ARC LENGTH OF 30.74 FEET; THENCE RADIAL FROM SAID CURVE NORTH 49”52’18” EAST, 18.00 FEET TO A :DA M:\Legals\l953 Ocean BluM004AlS.doc wo 1953-4 2127198 PAGE 4 OF 12 POINT ON THE SOUTHWESTERLY SIDELINE OF THE HEREINABOVE DESCRIBED PARCEL 2; THENCE ALONG SAID SOUTHWESTERLY SIDELINE, SOUTH 40”07’42” EAST, 19.20 FEET TO THE POINT OF BEGINNING. PARCEL 4 (SLOPE EASEMENT) COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF FRACTIONAL SECTION 22 ALSO BEING THE SOUTHWEST CORNER OF PARCEL “B” OF CERTIFICATE OF COMPLIANCE RECORDED MARCH 11, 1997 AS FILE NO. 1997-0106631 OF OFFICIAL RECORDS OF SAID SAN DIEGO COUNTY; THENCE ALONG THE WESTERLY LINE OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER SOUTH 02”23’14” EAST, 40.37 FEET TO AN ANGLE POINT IN THE WESTERLY SIDELINE OF THE HEREINABOVE DESCRIBED PARCEL 2, SAID POINT BEING THE BEGINNING OF A NON-TANGENT 312.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, A RADIAL LINE BEARS SOUTH 71O43’15” WEST TO SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID WESTERLY LINE ALONG SAID WESTERLY SIDELINE OF PARCEL 2 THE FOLLOWING COURSES: 1. SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 4’21’28” A DISTANCE OF 23.73 FEET; 2. SOUTH 22”38’13” EAST, 117.15 FEET TO THE BEGINNING OF A TANGENT 312.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; 3. SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 17O29’29” ki DISTANCE OF 95.25 FEET; 4. SOUTH 40”07’42” EAST, 108.37 FEET TO THE MOST NORTHERLY CORNER OF THE HEREINABOVE DESCRIBED PARCEL 3. THENCE ALONG THE WESTERLY SIDELINE OF SAID PARCEL 3 SOUTH 49”52’18” WEST, 18.00 FEET TO THE BEGINNING OF A NON-TANGENT 20.00 FOOT RADIUS CURVE CONCAVE WESTERLY, A RADIAL LINE BEARS NORTH 49”52’18” EAST TO SAID POINT; THENCE CONTINUING ALONG SAID SIDELINE SOUTHERLY :DA M:Legals\l953 Ocean Bluff\004Al S.doc wo 1953-4 2/2?/98 PAGE 5 OF 12 E;u&ji&rfA- 67 -1.13 119 ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 88OO3’08” A DISTANCE OF 30.74 FEET TO A POINT IN THE NORTHWESTERLY SIDELINE OF THE HEREINABOVE DESCRIBED PARCEL 1, SAID POINT BEING THE BEGINNING OF A REVERSE 1451.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL LINE BEARS NORTH 42O04’34” WEST TO SAID POINT; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 06O14’34” A DISTANCE OF 158.10 FEET; THENCE CONTINUING ALONG SAID SIDELINE SOUTH 41’40’52” WEST, 38.87 FEET TO SAID WESTERLY LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE LEAVING SAID SIDELINE OF PARCEL 1 ALONG SAID WESTERLY LINE NORTH 02”23’14” WEST, 16.23 FEET; THENCE LEAVING SAID WESTERLY LINE NORTH 03”41’32” EAST, 70.93 FEET; THENCE NORTH 42”38’54” EAST, 40.97 FEET; THENCE SOUTH 74’57’44” EAST, 45.62 FEET; THENCE NORTH 48”58’17” EAST, 75.44 FEET; THENCE NORTH 01’48’05” WEST, 26.69 FEET; THENCE NORTH 39’49’04” WEST, 102.45 FEET; THENCE NORTH 29”41’10” WEST, 131.03 FEET; THENCE NORTH 23”22’44” WEST, 47.06 FEET TO SAID WESTERLY LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE ALONG SAID WESTERLY LINE NORTH 02”23’14” WEST, 57.53 FEET TO THE TRUE POINT OF BEGINNING. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.255 ACRE MORE OR LESS. PARCEL 5 (SLOPE EASEMENT) COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 22 ALSO BEING THE SOUTHWEST CORNER OF PARCEL “B” OF CERTIFICATE OF COMPLIANCE RECORDED MARCH 11, 1997 AS FILE NO. 1997-0106631 OF OFFICIAL RECORDS OF SAID SAN DIEGO COUNTY; THENCE ALONG THE NORTHERLY LINE OF SAID NORTHWEST QUARTER OF THE SOUTHEAST :DA M:tegals\l953 Ocean Bluff?OO4A15.doc wo 19534 2127198 PAGE 6 OF 12 c&E4 I(? w+ 6,4 6 j/cf - - QUARTER OF THE SOUTHWEST QUARTER BEING THE SOUTHERLY LINE OF SAID PARCEL B SOUTH 87’27’43” EAST, 34.51 FEET TO AN ANGLE POINT IN THE EASTERLY SIDELINE OF THE HEREINABOVE DESCRIBED PARCEL 2, SAID POINT BEING THE BEGINNING OF A NON-TANGENT 270.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, A RADIAL LINE BEARS SOUTH 77O21’59” WEST TO SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID NORTHERLY LINE ALONG SAID EASTERLY SIDELINE OF PARCEL 2 THE FOLLOWING COURSES: 1. SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 10°00’12” A DISTANCE OF 47.14 FEET; 2. SOUTH 22”38’13” EAST, 117.15 FEET TO THE BEGINNING OF A TANGENT 270.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; 3. SOUTHEASTERLY- ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 17O29’29” A DISTANCE OF 82.43 FEET; 4. SOUTH 40”07’42” EAST, 108.37 FEET TO THE BEGINNING OF A TANGENT 20.00 FOOT RADIUS CURVE CONCAVE NORTHERLY; 5. EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 88OO3’08” A DISTANCE OF 30.74 FEET TO A POINT IN THE NORTHWESTERLY SIDELINE OF THE HEREINABOVE DESCRIBED PARCEL I, SAID POINT BEING THE BEGINNING OF A REVERSE 1451.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL LINE BEARS NORTH 38O10’50” WEST TO SAID POINT; THENCE ALONG SAID NORTHWESTERLY SIDELINE OF PARCEL 1 NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 10’36’42” A DISTANCE OF 268.74 FEET TO THE WESTERLY LINE OF SAID EASTERLY 208 213 FEET OF THE NORTHERLY 208 213 FEET AS DESCRIBED IN DEED TO MILDRED McMlLlAN, RECORDED MAY 9, 1966 AS FILE NO. 77307 OF OFFICIAL RECORDS; THENCE LEAVING SAID SIDELINE OF PARCEL I ALONG SAID WESTERLY LINE NORTH 02’12’02” WEST, 12.95 FEET; THENCE LEAVING SAID WESTERLY LINE SOUTH 59”59’55” WEST, 223.98 FEET; THENCE SOUTH 48’58’17” WEST, 56.89 FEET; THENCE NORTH 44”49’43” WEST, 132.52 FEET; :DA M:\Legals\l953 Ocean Bluff\004A15doc wo 1953-4 2mf98 PAGE 7 OF 12 EKki\BlT A 64 7f I Ij 78 THENCE NORTH 21”00’58” WEST, 219.44 FEET; TO SAID NORTHERLY LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE ALONG SAID NORTHERLY LINE NORTH 87’27’43” WEST, 15.50 FEET TO THE TRUE POINT OF BEGINNING. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.191 ACRE MORE OR LESS. PARCEL 6 (SLOPE EASEMENT) COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHERLY TWO ACRES OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 22; THENCE ALONG THE NORTHERLY LINE OF SAID SOUTHERLY lW0 ACRES SOUTH 87”31’12” EAST, 118.91 FEET TO A POINT IN THE SOUTHEASTERLY SIDELINE OF THE HEREINABOVE DESCRIBED PARCEL I, SAID POINT BEING THE BEGINNING OF A NON-TANGENT 1349.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL LINE BEARS NORTH 47O13’15” WEST TO SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID NORTHERLY LINE ALONG SAID SOUTHEASTERLY SIDELINE OF PARCEL ? NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 21’43’29” A DISTANCE OF 511.50 FEET TO A POINT IN THE SOUTHERLY LINE OF SAID EASTERLY 208 2/3 FEET OF THE NORTHERLY 208 2/3 FEET AS DESCRIBED IN DEED TO MILDRED McMILLAN, RECORDED MAY 9, 1966 AS FILE NO. 77307 OF OFFICIAL RECORDS; THENCE LEAVING SAID SIDELINE OF PARCEL 1 ALONG SAID SOUTHERLY LINE SOUTH 87”27’43” EAST, 41.47 FEET; THENCE LEAVING SAID SOUTHERLY LINE SOUTH 72’58’16” WEST, 43.89 FEET; THENCE SOUTH 63’52’46” WEST, 149.30 FEET; THENCE SOUTH 44”57’59” WEST, 315.54 FEET TO SAID NORTHERLY LINE OF THE SOUTHERLY TWO ACRES; THENCE ALONG SAID NORTHERLY LINE NORTH 87”31’12” WEST, 51.93 FEET TO THE TRUE POINT OF BEGINNING. :DA M:\Legals\l953 Ocean Blufl004AlS.doc wo 19534 2/27/98 PAGE 8 OF 12 THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.269 ACRE MORE OR LESS. PARCEL 7 (TEMPORARY CONSTRUCTION EASEMENT) BEING A 20.00 FOOT WIDE STRIP OF LAND, THE WESTERLY LINE BEING PARALLEL WITH AND 20.00 FEET WESTERLY OF THE WESTERLY LINE OF THE HEREINABOVE DESCRIBED PARCEL 4. THE WESTERLY SIDELINE OF SAID 20.00 FOOT WIDE STRIP OF LAND TO BE SHORTENED OR EXTENDED SO AS TO TERMINATE SOUTHWESTERLY AND NORTHWESTERLY IN SAID WESTERLY LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF FRACTIONAL SECTION 22. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.204 ACRE MORE OR LESS. PARCEL 8 (TEMPORARY CONSTRUCTION EASEMENT) BEING A 20.00 FOOT WIDE STRIP OF LAND, THE NORTHERLY LINE BEING PARALLEL WITH AND 20.00 FEET NORTHERLY OF THE NORTHERLY LINE OF THE HEREINABOVE DESCRIBED PARCEL 5. THE NORTHERLY SIDELINE OF SAID 20.00 FOOT WIDE STRIP OF LAND TO BE SHORTENED OR EXTENDED SO AS TO TERMINATE NORTHWESTERLY IN SAID NORTHERLY LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST :DA M:Vegals\l953 Ocean BluffiOO4AlS.doc wo 19534 2/27/98 PAGE 9 OF 12 QUARTER OF THE SOUTHWEST QUARTER OF FRACTIONAL SECTION 22. AND NORTHEASTERLY IN SAID WESTERLY LINE OF THE EASTERLY 208 2/3 FEET OF THE NORTHERLY 208 213 FEET AS DESCRIBED IN DEED TO MILDRED McMlLLAN, RECORDED MAY 9,1966 AS FILE NO. 77307 OF OFFICIAL RECORDS. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.281 ACRE MORE OR LESS. PARCEL g (TEMPORARY CONSTRUCTION EASEMENT) BEING A 20.00 FOOT WIDE STRIP OF LAND, THE SOUTHEASTERLY LINE BEING PARALLEL WITH AND 20.00 FEET SOUTHEASTERLY OF THE SOUTHEASTERLY LINE OF THE HEREINABOVE DESCRIBED PARCEL 6. THE SOUTHEASTERLY SIDELINE OF SAID 20.00 FOOT WIDE STRIP OF LAND TO BE SHORTENED OR EXTENDED SO AS TO TERMINATE SOUTHWESTERLY IN SAID NORTHERLY LINE OF THE SOUTHERLY TWO ACRES OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID FRACTIONAL SECTION 22 AND NORTHEASTERLY IN SAID SOUiHERLY LINE OF THE EASTERLY 208 2/3 FEET OF THE NORTHERLY 208 213 FEET AS DESCRIBED IN DEED TO MILDRED McMILLAN, RECORDED MAY 9, 1966 AS FILE NO. 77307 OF OFFICIAL RECORDS. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.240 ACRE MORE OR LESS. PARCEL 10 (DRAINAGE EASEMENT) COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF FRACTIONAL SECTION 22 ALSO BEING THE SOUTHWEST CORNER OF PARCEL :DA M:\Legals\l953 Ocean BluffI004Al S.doc wo 1953-4 2t27t9a PAGE 10 OF 12 - “6” OF CERTIFICATE OF COMPLIANCE RECORDED MARCH 11, 1997 AS FILE NO. 1997-0106631 OF OFFICIAL RECORDS OF SAID SAN DIEGO COUNTY; THENCE ALONG THE NORTHERLY LINE OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER BEING THE SOUTHERLY LINE OF SAID PARCEL “B”, SOUTH 87”27’43” EAST (RECORD = SOUTH 86”53’40” EAST), 34.51 FEET TO AN INTERSECTION WITH THE EASTERLY SIDELINE OF THE HEREINABOVE DESCRIBED PARCEL 2, SAID POINT BEING THE BEGINNING OF A NON-TANGENT 270.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, A RADIAL LINE BEARS SOUTH 77’21’59” WEST TO SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID NORTHERLY LINE, SOUTHEASTERLY ALONG SAID EASTERLY SIDELINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF Ol”47’21” A DISTANCE OF 8.43 FEET; THENCE LEAVING SAID EASTERLY SIDELINE SOUTH 63”25’48” EAST, 22.22 FEET; THENCE NORTH 26’-‘34’12” EAST, 15.00 FEET; THENCE NORTH 63”25’48” WEST, 8.48 FEET TO SAID SOUTHERLY LINE OF SAID PARCEL “B”; THENCE ALONG SAID SOUTHERLY LINE NORTH 87”27’43” WEST (RECORD = NORTH 86”53’40” WEST), 21.00 FEET TO THE TRUE POINT OF BEGINNING. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.007 ACRE MORE OR LESS. PARCEL 11 (DRAINAGE EASEMENT) COMMENCING AT THE NORTHWEST CORNER OF- THE SOUTHERLY TWO ACRES OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF FRACTIONAL SECTION 22; THENCE ALONG THE NORTHERLY LINE OF SAID SOUTHERLY TWO ACRES SOUTH 87”31’12” EAST, 118.91 FEET TO A POINT IN THE SOUTHEASTERLY SIDELINE OF THE HEREINABOVE DESCRIBED PARCEL 1, SAID POINT BEING THE BEGINNING OF A NON-TANGENT 1349.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A :DA M:\Legals\l953 Ocean BluW\004AlS.doc wo 19534 2/27i9a PAGE 11 OF 12 - RADIAL LINE BEARS NORTH 47’13’15” WEST TO SAID POINT; THENCE LEAVING SAID NORTHERLY LINE ALONG SAID SOUTHEASTERLY SIDELINE OF PARCEL 1 NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 08’53’58” A DISTANCE OF 209.53 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTHEASTERLY SIDELINE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF OOO43’23” A DISTANCE OF 17.02 FEET; THENCE LEAVING SAID SOUTHEASTERLY SIDELINE SOUTH 09”46’01” EAST, 49.26 FEET; THENCE NORTH 80”13’59” EAST, 5.00 FEET; THENCE SOUTH 09”46’01” EAST, 27.50 FEET; THENCE SOUTH 80”13’59” WEST, 25.00 FEET; THENCE NORTH 09”46’01” WEST, 27.50 FEET; THENCE NORTH 80”13’59” EAST, 5.00 FEET; THENCE NORTH 09”46’01” WEST, 41.22 FEET TO THE TRUE POINT OF BEGINNING. - THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.031 ACRE MORE OR LESS. 3- 3- PI? JOHN W. HILL, JR. L.S. 5669 HUNSAKER & ASSOCIATES SAN DIEGO, INC. :DA M:\Legals\l953 Ocean Blum004Al S.doc wo 1953-4 2/27/9a PAGE 12 OF 12 Em-!w4 --/ Lf 0-f 1ry 63 I \ \ I I L I - I I ’ 1 , ‘, .I ,, ‘*. ,, ,/ r.,, . . i ;fC i -‘;“‘~‘.-;“-+4. I-” . ..I.,.<, ::*--: , * . . . . . ,~ .:f” / i, \ i ,; :;: .“.. . ..a-:j. . : \ \ -. ,, .._ .;~*~~c’ I e * .- ,I ,-* 7 -‘-a * J/I ::.:-:::i ,:.. z 0:. . **e-. . . . \ -\ .Fios QO96 i I.---; i-i.; ;,<‘j -. \ \ :.: : : ::: :..< - + -\E!yL - __ __ ‘I)$,; 1 1 ---ii \ yyxu J/l y! \ \ p)gS 4772 \ I \ \! \ \I 1 f p!ftTL; -8* -.-. .- 97, FILE e. .:’ ‘. \ >il 41.05'<pY I \ tk 20s -- -14608 -- ' \I k 6" 3’ 77 \ \ I N 07' ,3b* 1 -- T- -- \ --- L-k- I 3 e - SECTJOJV y-\------J \’ cd .y\ \c %!!\ +-- II I kSY LINE SEC. 22 LEGEND I\ \ Iii A INDICATES STREET SlJRVfY MONUMENT STAMPED “L.S. 5894’ PER R OF S 13348. b z l INDICIITES 3/4- IRON PIPE MARKED II XCE 8210 PER R OF S 12096 . t > INDICATES RECORD DATA PER MP 12972 c.j c 3 INDICATES RECORD DATA PER R 0F s 13348 1 5 w 1 I INDICI? TES RECORD DA?X PER R OF S 4772 (( > > INDICATES RECORD DATA PER CERTlFlC.4 TE OF N ‘A P COMPLIANCE REC. 3/l l/97, 1997-0106631 O.R. M NO SCALE ull I,_YI.F HUNSAKER tc * CSOCIATES UL L”. -a- . ..- SAW DlrIsu 1°C \\’ LEGAL DESCYUPTION PORTION OF FRACTIONAL SEC. 22, T12S, R4W. S.E.M. I BASIS OF B-GS: THE BASIS OF BEARINGS FOR THIS MAP IS A PORTION OF THf NORTHERLY LINE OF FRACTIONAL SECTION 22, T12S, R4W, S.B.M., PER MAP NO. 13429, I.E. N 8957’43% SHEET 1 OF 4 lw9HatssSrkia200 knckgaG32m f+lW9)SS8+9X1* FXf6lYki!iWl4 oolMl l.aw.7 DEDtCATiON PLAT - ClTY OF CARLSBAD {PPLICANT: PREPARED BY: PROJECT: A.P.N.: CATELLUS RES I DENT I AL GROUP IRVINE. CA 92714 Sf OPE, TEh4POR4RY p v4 p 3-3-P&? CONSTRUCT/ON & 215-070-19 SUITE 400 5 PAR% PLAZA JOHN W. HILL JR. IS. 5669 D#WMKE HSEMENTS (714) 251-6100 EXPIRES: g/30/99 PR. 3.2.705 EXHIBIT “B” ~-q+!ryT l+ -Is 0-F 119 SCALE 1” = 100’ DATA SHOWN HEREON IS BASED ON THE FOLLOWING & ASSOCIATES RECORD OF SURVEY MAPS: 584, 4772, 4773, 57 15, SAM DltCQ INC 6269, 10774, 12096, 7 3762 AND 14630. RECORD OF IY SURVEY MAP NO. 14608 SHOWS ALTERNATE LOCA TtONS f?Jauta low-k~ma B4clNEwINc hDiegl%QFnn FOR PROPERTY LINES SHOWN HERON. NO SUKVMNC pH(6?9bVHMa * fX~679tSW4U REPRESENTATION IS MADE HEREON AS TO THE LOCATION oofxDl4.D~ OF PROPERTY OR OWNERSHIP LINES. sEET2oF 4 DEDlCATlON PLAT - C/N OF CARLSBAD iPPLICANT: PREPARED BY: PROJECT: A.P.N.: CATELLUS RES ICENT I AL GROUP IRVINE, CA 92714 SLOPE, TEMPOR4RY 215-070-19 SUITE 400 5 PARK PLAZA 7 4 jA 3-3-lt ;g~;;cT~EfENE JOHN W. HILL JR. LS. 5669 (714) 251-6100 EXPIRES: g/30/99 PR. 32.105 EXHIBIT “B” n -_ n a..& c. / EQ-tr +(‘I K -/6 ot- 11’1 TiffaTE OF COWL APN 215070- 19 F/05 4772 --- -- -- --- ---- LEGEND SCALE 1" = 100' INDICATES SLOPE aSEMENT INDICATES TEMPORARY CONSTRUCTION EASEMENT DAiX SHOWN HEREON IS &IS-ED ON THE FOLLOWING RECORD OF SURVEY MAPS: 584. 4772, 4773, 5715, 6269, 10774, 12096, 13762 AND 14630. RECORD OF SURVEY MAP NO. 14608 SHOWS AL TERNA TE LO&I TIONS RAENNC lm79l4lmdmmSr~e2lYo FOR PROPERTY LINES SHOWN HEREON. NO euaNw s.mokp$G9iQJ REPRESENTATION IS MADE HEREON AS TO THE LOCATION NlvMNc FtJ(6l9lS64SOO~ FX~6l!9!B%W4 0013&OJtfJW OF PROPERN OR OWNERSHIP LINES. SHEET 3 OF 4 DEDiCATlON PlAT - CITY OF CARLSEAD ,PPLICANT: PREPARED EIY: PROJECT: A.P.N.: CATELLUS RES I DENT I AL GROCR SLOPE TEMPOMY IRVINE. CA 92714 p v 7,i x ?- 3 epc CONSTRUCTION & 215-070-19 SUITE 400 5 PARK PLAZA JOHN W. HILL, JR. LS. 5669 D/i+UWGE MEMENIVTS (714) 251-6100 EXPIRES: g/30/99 PR. 3.2.7 05 EXHIBIT “B” P s. . APN 2 15-070- 19 N 09’46’01 ‘)v 49.26’ 8o’I3’59~E 5.00’ N 09’46’01 “w 27.50’ F/OS 4772 N 80-1339-E 25.00’ ----.-- ---- 1 ---- -I NUMBER OIRECnON DIST~CE N 8727’43% 21.00’ N 63-25’481N 8.48’ ii h -0 LEGEND SCALE 1” = 100’ L3 N 26*34,12-E 15.00’ 0 L4 N 6s25’48w 22.22 a II L5 N 87-27’43%’ 1 34.51’ I INDlC4 TES DRAINAGE GISEMENT NUMBER 1 DELTA ) RADIUS 1 LENGTH Lj Cl ]01’47’21- 1270.00 18.43 2 m NOTE HUNSkER DATA SHOWN HEREON 1.5 BASED ON THE FOLLOWING & ASSOCIATES RECORD OF SURVEY MAPS: 584, 4772, 4773, 5715, 6269, 10774, 12096, 13762 AND 14630. RECORD OF I3 SAW DIICOI INC SURVEY MAP NO. 14608 SHOWS ALTERNATE LOCATIONS m,blwNc lM79-scsrirczaa FOR PROPERlY LINES SHOWN HEREON. NO I ENoNEmNc smDitgaG9zm REPRESENTAnON IS MADE HEREON AS TO THE LOCATION SURVEYlffi Ftlf6l9)S!XUSOO~ fXf6l9)SS&UU aar3LDrlm OF PROPERTY OR OWNERSHIP LINES. SHEET 4 OF 4 DEDlCATlON PUT - CITY OF CARLSBAD PPLICANT: PREPARED BY: PROJECT: A.P.N.: CATELLUS RESIOENTIAL CROW SLOPE, TEUPORARY IRVIM, CA 92714 q... */& % T-J- pe CONS7RlJCTlON & 215-070-19 SUI TE 400 5 PAftU PLAZA JOHN W. HILL. JR. L.S. 5669 DR4MGE GlSE;uEMs (714) 251-6100 EXPIRES: 9/M/99 PR. 3.2.105 EXHIBIT “B” RECORDING REQUESTED B , AND WHEN RECORDED, PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, California 92008 MAIL TAX STATEMENTS TO: EXEMPT - Space above this line for Recorder’s Use - The undersigned grantor(s) declare(s): Documentary transfer tax is $m ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. NO RECORDING FEE REQUIRED: THIS DOCUMENT EXEMPT FROM FEE PURSUANT TO SECTION 27383 OF CALIFORNIA GOVERNMENT CODE ( ) Unincorporated area: ( x ) City of Carlsbad, and Assessor’s Project: Poinsettia Lane Extension Parcel No.: APN 215-070-27 Location: Poinsettia Lane 8 Aviara Parkway DOCUMENT NO.: 050ROES Reference: RW/OSOROES INDIVIDUAL GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, RONALD L. ROESCH, AS HIS SOLE AND SEPARATE PROPERTY hereby GRANTS to the City of Carlsbad, a Municipal Corporation, the following described real property in the City of Carisbad, County of San Diego, State of California, for public improvement purposes as described in the Exhibit “A” consisting of one (1) page, attached hereto and made a part hereof, and Exhibit “B” consisting of one (1) page is attached for clarity only. The Grantor understands that the present intention of the Grantee is to construct and maintain a public highway on the land hereby conveyed in fee and the Grantor, for the Grantor’s successors and assigns, hereby waives any claim for any and all damages to grantor’s remaining property contiguous to the property hereby conveyed by reason of the location, construction, landscaping or maintenance of said highway. (As used above, the term “Grantor” shall include the plural as well as the singular number.) (JANMAC, INC., Expropriation Consultants) (carlsbad\POINSETTIA EXT\DEEDS\050ROES) 04/10/98 This document was executed this day of RONALD L. ROESCH, AS HIS SOLE AND SEPARATE PROPERTY , 1998. RONALD L. ROESCH (NOTARY JURAT) STATE OF ;ss. COUNTY OF ; On before me, (the notary) personally appeared (insert here the names of the parties who personally appeared) personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature: (This area for official notarial sea/) (JANMAC, INC., Expropriation Consultants) (carlsbad\POINSETTIA EXT\DEEDS\O5OROES) 04/10/98 EXHIBIT “A” LEGAL DESCRIPTION ROESCH PR. 3.4.312 (BRIGANTINE DRIVE) THAT PORTION OF FRACTIONAL SECTION 22, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PlAT THEREOF, ALSO BEING A PORTION OF PARCEL “A” OF CERTIFICATE OF COMPLIANCE RECORDED ON MARCH 11, 1997 AS FILE NO. 1997-0106633 OF OFFICIAL RECORDS OF SAID SAN DIEGO COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL I BEGINNING AT THE SOUTHEAST CORNER OF PARCEL “A” OF SAID CfRTIFICATE OF COMPLIANCE RECORDED MARCH 3, 1997, FILE NO. 1997-0106633 OF OFFICIAL RECORDS; THENCE ALONG THE EASTERLY LINE THEREOF NORTH 02”17’31” WEST, 174.65 FEET; THENCE LEAVING SAID EASTERLY LINE, SOUTH 88”30’00” WEST, 12.00 FEET; THENCE PARALLEL WITH AND 12.00 FEET WESTERLY OF THE EASTERLY LINE OF SAID PARCEL “A”, SOUTH 02”17’31” EAST, 129.25 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 312.00 FEET; THENCE SOUTHERLY LEAVING SAID PARALLEL LINE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 08”16’02” A DISTANCE OF 45.02 FEET TO A POINT ON THE SOUTHERLY ‘LINE OF PARCEL “A” OF SAID CERTIFICATE OF COMPLIANCE; THENCE ALONG SAID SOUTHERLY LINE, SOUTH 87”42’26” EAST, 8.79 FEET TO THE POINT OF BEGINNING. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.047 ACRE MORE OR LESS. Gb-fk 3-3-w -- ~~ ~~ ~~ ~~~ JOHN W. HILL, JR. L.S. 5669 HUNSAKER & ASSOCIATES SAN DIEGO, INC. :DA M:\Legals\l953 Ocean BluffiOO3AOl .doc wo 1953-3 a27198 PAGE 1 OF 1 - 0.047 ACRES ?ARLzL “A - 1Ya m7-0 IQ6333 g,g, ----- ---- LEGENV INLIZ TES STREET DEDIC.4 T/ON 0.047 ACRE (( )) INOIGI TES RECORD DA JA PER CERTIFGITE OF COMPLL4NCE REC. 3/l l/97, 1997-0106631 O.R. I \:... . . . [[ ]] JNDlCi4 TES RECORD DA TA PER CERTiFXXc’ GF \ ‘.i. COMPLMNCE REC. J/l l/97, t997-OtO6633 O.R. LEG& DESCRIPTION 60 0 60 120 180 ‘ORnON OF FmCTlONAL SEC. 22, T125, R4W. S.&U. SCALE 1” = 60’ BASIS OF B2WZNGS: THE &4SlS OF EEilRtNGS FOR THIS AMP IS A PORTION OF THE NORlHERLY LINE OF FRAClIONAL SECTION 22, Tt2S. f?4w, S&M., PER MAP NO. 13429, I.E. N 89’57’4.3”E. HUNSAKER &AsSOCKrES SAW DlfGQ IIIC FlANNmc lw9Hmdras St. sim 2ca FNONLDUVC smckgcbQ92m WCINITY MAP SUKWNC PHbl9t5SbWXl~ Ed6l9hbUU 001J.lE02.Dm; NCI SCALE sEET1clF 1 DEDlCAnON PlAT - CITY OF CARLSBAD SPPLICANT: PREPARED t3Y: PROJECT: A.P.N.: CATELLUS RESlD!ZNTIAL GROUP IRVINE, CA 92714 F -L-J g ~-3-4~ BRMN7lNE DRM 215-070-15 SUITE 400 5PARuPLAzA (714) 251-6100 JOHN W. HILL, JR. L.S. 5669 MPlREf: g/30/99 PI?. 3.4.372 EXHIBIT “B” EKH1&7 A 82 4 r1Lf 91 RECORDING REQUESTED B’\ AND WHEN RECORDED, PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, California 92008 1 MAIL TAX STA;X-M;: TO: The undersigned grantor(s) declare(s): Documentary transfer tax is $@ ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: ( x ) City of Carisbad. and Assessor’s Parcel No.: APN 215-070-27 DOCUMENT NO.: 051 ROES - Space above this line for Recorder’s Use - NO RECORDING FEE REQUIRED: THIS DOCUMENT EXEMPT FROM FEE PURSUANT TO SECTION 27383 OF CALIFORNIA GOVERNMENT CODE Project: Poinsettia Lane Extension Location: Poinsettia Lane & Aviara Parkway Reference: RWl051ROES SLOPE, DRAINAGE AND TEMPORARY CONSTRUCTION EASEMENTS FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, RONALD L. ROESCH, AS HIS SOLE AND SEPARATE PROPERTY hereby GRANTS to the CITY OF CARLSBAD, a Municipal Corporation, an easement for the construction and maintenance of a slope and incidents thereto, upon, over and across that certain real property hereinafter described in Exhibit “A” consisting of three (3) pages attached hereto and made a part hereof, and Exhibit “6” consisting of two (2) pages is attached hereto for clarity only, together with; an easement for the construction and maintenance of a drainage structure and incidents thereto, upon, over, under and across that certain real property hereinafter described in the above referenced Exhibits “A” and “B”, together with; an easement for temporary construction purposes and incidents thereto, upon, over, and across that certain real property hereinafter described in the above referenced Exhibits “A” and “B”. The real property referred to hereinabove and made subject to said slope easement is situated in the City of Carlsbad, County of San Diego, State of California, and is more particularly described as Parcel 1 in the above referenced Exhibits “A” and “B”. (JANMAC, INC., Expropriation Consultants) (carlsbad\POINSETTIA EXT\Easements\OSl ROES) 04/10/98 - The real property referred to hereinabove and made subject to said drainage easement is situated in the City of Carlsbad, County of San Diego, State of California, and is more particularly described as Parcel 2 in the above referenced Exhibits “A” and “B”. The real property referred to hereinabove and made subject to said temporary construction easement is situated in the City of Carlsbad, County of San Diego, State of California, and is more particularly described as Parcel 3 in the above referenced Exhibits “A” and “B”. It is understood and agreed that the Grantor(s) of the temporary construction easement described as Parcel 3 shall not be held liable for any damage to equipment or injury to personnel of said Grantee, its agents or employees, in the performance of the work done within the temporary construction easement. The temporary construction easement shall remain in force for a period of three (3) years from the date this document has been recorded in the Office of the County Recorder of San Diego County. Upon the expiration of said three (3) year period, the Grantee shall have no further rights or liability in connection with said temporary construction easement. This document was executed this day of , 1998. RONALD L. ROESCH, AS HIS SOLE AND SEPARATE PROPERTY RONALD L. ROESCH (NOTARY JURAT) STATE OF ;ss. COUNTY OF On before me (the notary). personally appeared (insert here the names of the parties who personally appeared) personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature: (This area for official notarial seal) (JANMAC, INC., Expropriation Consultants) (cartsbad\POINSETTIA EXT\Easements\051ROES) 04/10/98 , - EXHIBIT “A” LEGAL DESCRIPTION ROESCH PR. 3.2.099 (SLOPE, TEMPORARY CONSTRUCTION AND DRAINAGE EASEMENTS) THOSE PORTIONS OF FRACTIONAL SECTION 22, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CIp/ OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, ALSO BEING A PORTION OF PARCEL “A” OF CERTIFICATE OF COMPLIANCE RECORDED ON MARCH 11, 1997 AS FILE NO. 1997-0106633 OF OFFICIAL RECORDS OF SAID SAN DIEGO COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 1 (SLOPE EASEMENT) COMMENCING AT THE SOUTHEAST CORNER OF PARCEL “A” OF SAID CERTIFICATE OF COMPLIANCE RECORDED MARCH 3, 1997, FILE NO. 1997- 0106633 OF OFFICIAL RECORDS; THENCE ALONG THE EASTERLY LINE THEREOF NORTH 02”17’31” WEST, 174.65 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID EASTERLY LINE, SOUTH 88”30’00” WEST, 12.00 FEET; THENCE PARALLEL WITH AND 12.00 FEET WESTERLY OF THE EASTERLY LINE OF SAID PARCEL “A”, SOUTH 02”17’31” EAST, 129.25 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 312.00 FEET; THENCE SOUTHERLY LEAVING SAID PARALLEL LINE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 08”16’02” A DISTANCE OF 45.02 FEET TO A POINT ON THE SOUTHERLY LINE OF PARCEL “A” OF SAID CERTIFICATE OF COMPLIANCE; THENCE ALONG SAID SOUTHERLY LINE, NORTH 87”42’26” WEST, 30.13 FEET; THENCE LEAVING SAID SOUTHERLY LINE, NORTH 23”22’44” WEST, 17.91 FEET; THENCE NORTH 02”43’20” EAST, 174.46 FEET; THENCE SOUTH 89”55’04” EAST, 30.01 FEET TO A POINT ON THE EASTERLY LINE OF PARCEL “A” OF SAID CERTIFICATE OF COMPLIANCE; THENCE ALONG SAID EASTERLY LINE, SOUTH 02”17’31” EAST, 17.72 FEET TO THE TRUE POINT OF BEGINNING. :DA M:Vegals\l953 Ocean BluM003A02.doc wo 1953-3 2mt90 PAGE 1 OF 3 eLwgr7 I+ 8s o-w+ THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.120 ACRE MORE OR LESS. PARCEL 2 (TEMPORARY CONSTRUCTION EASEMENT) BEING A 20.00 FOOT WIDE STRIP OF LAND, THE WESTERLY AND NORTHERLY LINES BEING PARALLEL WITH AND 20.00 FEET WESTERLY AND NORTHERLY OF THE WESTERLY AND NORTHERLY LINES OF THE HEREINABOVE PARCEL 1. THE WESTERLY AND NORTHERLY SIDELINE OF SAID 20.00 FOOT OF IAND TO BE SHORTENED OR EXTENDED SO AS TO- d/IDE STRIP TERMINATE SOUTHERLY IN THE SOUTHERLY LINE OF PARCEL “A” OF SAID CERTIFICATE OF DESCRIBED COMPLIANCE AND EASTERLY IN THE EASTERLY LINE OF SAID CERTIFICATE OF COMPLIANCE. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.111 ACRE MORE OR LESS. PARCEL 3 (DRAINAGE EASEMENT) BEING A 15.00 FOOT WIDE STRIP OF LAND LYING 7.50 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE SOUTHEAST CORNER OF PARCEL “A” OF SAID CERTIFICATE OF COMPLIANCE RECORDED MARCH 3, 1997, FILE NO. 1997- 0106633 OF OFFICIAL RECORDS; THENCE ALONG THE SOUTHERLY LINE THEREOF NORTH 87”42’26” WEST (RECORD = NORTH 87”09’02” WEST), 8.79 FEET TO A POINT ON THE EASTERLY LINE OF THE HEREINABOVE DESCRIBED PARCEL 1 SAID POINT BEING THE BEGINNING OF A NON-TANGENT CURVE CONCAVE’EASTERLY HAVING A RADIUS OF 312.00 FEET, A RADIAL TO SAID POINT BEARS SOUTH 79”26’27” WEST; THENCE NORTHERLY ALONG SAID PAGE 2 OF 3 :DA M:\Legals\l953 Ocean BlufhO03AOZ.doc wo 1953-3 2127198 %-- EASTERLY LINE AND THE ARC OF SAID CURVE.THROUGH A CENTRAL ANGLE OF 04”52’12” A DISTANCE OF 26.52 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID EASTERLY LINE, SOUTH 86”41’49” WEST, 26.1 ‘l FEET TO A POINT HEREINAFTER REFERRED TO AS POINT “A” AND THE POINT OF TERMINUS. THE SIDELINES OF SAID 15.00 FOOT WIDE STRIP OF LAND TO BE SHORTENED OR EXTENDED SO AS TO TERMINATE IN THE EASTERLY LINE OF SAID PARCEL 1. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 392 SQUARE FEET MORE OR LESS. PARCEL 4 (DRAINAGE EASEMENT) BEING A 20.00 FOOT WIDE STRIP OF LAND LYING 10.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT THE HEREINABOVE DESCRIBED POINT “A” IN PARCEL 3; THENCE SOUTH 86”41’49” WEST, 15.00 FEET TO THE POINT OF TERMINUS. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 300 SQUARE FEET MORE OR LESS. 47= Jd B 4t 3-3 -?z JOHN W. HILL, JR. L.S. 5669 HUNSAKER & ASSOCIATES SAN DIEGO, INC. :DA MXegaWl953 Ocean BluM003AOZdoc wo 1953-3 2127t9a PAGE 3 OF 3 LEGEm /,,/~ INDICATES SLOPE E4SEMENT mj lNDlC.4 TES TEMPORARY CONSTRUCTION GtiEMENT (( >> INDIGl TES RECORD DA TA PER CERnFlCATE OF COMPLIANCE REC. 3/l l/97, 1997-0106631 O.R. K 31 INDICATES RECORD DAK4 PER CER?lFlCXTE OF COMPLIANCE REC. 3/l l/97, 1997-O 106633 dR- LEGAL DESCRn3mON --- > I 0 60 120 180 ‘ORTION Of= FRACTIONAL SEC. 22. T12.5, R4W. S.B.M. SCALE 1" = 60' BASIS OF B'GS: THE E4SiS OF Bc4RlNGS FOR THIS MAP IS A PORTION OF THE NORTHERLY LINE OF FRACTIOIU~L SECTION 22. T12.5, P4W, S.B.M., PER MAP NO. 13429, I.E. N 89’57’43% El!! HUNSAKER ’ &ASSOCIATES SAW OltCO. INC - 1009limmdmsSr~100 DJaNWUNG SaD*p.GYZQl l?KINITY MAP SUWEVWK PHtb79l5SB4OO-~b~k5bl4l4 W1xfIz.Dw NO SCALE sHEETlOF2 DfDlCATlON PL4T - CITY Of CARLSBAD PPLICANT: PREPARED BY: PROJECT: A.P.N.: CATELLUS RESIDENTIAL GROW IRVINE, CA 92714 SLOPE, EMPORARY “?1- p&T Y-3- ye a&.mw&~EM~~s 215-070-15 SUITE 400 5 PM PLAZA (714) 251-6100 JOHN W. HILL JR. LS. 5669 EXPIRES: g/30/99 PR. 3.2.099 EXHIBIT ‘33” ----e- --- S’L y LINE PARCEL “A - CERnFfa TE -- - of CO~RJ!~NCE RECORDED 3/r l/g7 ---- flu NO. 19974106633 0.R. 0 40 a0 120 SCALE 1” = 40’ HUNSAKER LEGEND & ASSOCIATES INDICA TES DRAINAGE D1SEMEN T SAN DIIGQ INC MMma lm9HusndrssSLSrirrm - sMMq4~¶m 5UMYWC F?d6l9)SC4OO * EN6l9kSbl4l4 w 13LE lZ.Dm; Si-!En2DF 2 DEDlCA77ON PLAT - CITY OF CARLSBAD rPPLICANT: PREPARED BY: PROJECT: A.P.N.: CATELLVS f?ESIDENTI AL GROUP IRVINE. CA 92714 SLOP& TEluPORMY 215-070-15 !3JITE 400 CONSTRUC77ON AND 5PARKPLAZA JOHN W. HILL, JR. LS. 5669 D/WA&GE GISEMEMS (714) 251-6100 EXPIRES: g/30/99 PR. 3.2.099 EXHIBIT 6 RECORDING REQUESTED B’r AND WHEN RECORDED, PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, California 92008 MAIL TAX STATEMENTS TO: EXEMPT - Space above this line for Recorder’s Use - The undersigned grantor(s) declare(s): Documentary transfer tax is $0.00 ( ) computed on full value ofproperty conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. NO RECORDING FEE REQUIRED: THIS DOCUMENT EXEMPT FROM FEE PURSUANT TO SECTION 27383 OF CALIFORNIA GOVERNMENT CODE ( ) Unincorporated area: ( x ) City of Carlsbad, and Assessor’s Project: Poinsettia Lane Extension Parcel No.: APN 215-070-I 8 Location: Poinsettia Lane 8, Aviara Parkway DOCUMENT NO.: 060AITC Reference: RW/060AITC INDIVIDUAL GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Wallace G. Aitchison and Elizabeth R. Aitchison, husband and wife as community property hereby GRANTS to the City of Carlsbad, a Municipal Corporation, the following described real property in the City of Carlsbad, County of San Diego, State of California, for public improvement purposes as described in the Exhibit “A” consisting of one (1) page, attached hereto and made a part hereof, and Exhibit “B” consisting of one (1) page is attached for clarity only. This document was executed this day of , 1998. Wallace G. Aitchison and Elizabeth R. Aitchison, husband and wife as community property Wallace G. Aitchison Elizabeth R. Aitchison (JANMAC, INC., Expropriation Consultants) (carlsbad\POINSETTIA EXnDEEDW060AITC) 03/19/98 (NOTARY JURAT) STATE OF !ss. COUNTY OF i On before me, (the notary) personally appeared (insert here the names of the parties who personally appeared) personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. I WITNESS my hand and official seal. Signature: (This area for official notarial seal) (JANMAC. INC., Expropriation Consultants) (carlsbad\POINSETTIA EXnDEEDS\060AITC) 03/19/98 EXHIBIT “A” LEGAL DESCRIPTION AITCHISON PR. 3.4.314 THE EASTERLY 208 2/3 FEET OF THE NORTHERLY 208 2/3 FEET, BEING ONE SQUARE ACRE AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF FRACTIONAL SECTION 22, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE Cl-l-f OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY. JOHN W. HILL, JR. L.S. 5669 HUNSAKER & ASSOCIATES SAN DIEGO, INC. PAGE 1 OF 1 :DA \RserverMAAPPlNGVegals\l953 Ocean BlufKKMAlB.doc WO 1953-I 4l84-98 jqj OF s yzoy&? ----- ----_ ---_ ---_ ---_ gF s 4773 yyzs gL$ y-y ___-__-_--------- -$ I _____---- -- ;vJ+;C:r >.:-, I Brrr’-R “,r.-yP~ 4: -0 0 100 0 100 200 300 II * w SCALE 1" = 100' a iii NOTE: ml n/j p) ,c;-rG;$l ,/y&-;TLgiy /,c p,tjg~ G$j pi: ,QLf. CbV!?j&’ HUNSAKER ;;i,cii’fic p 5-ij?‘Jg h!A?S., 584, 4,772, 4,772, g;$: I=I &AssocrATEs 6259, y&7,7+, 12536, IJ.762 A&g !&JS. RyGjT~ i;$- *~p?&-y ,&C ‘612. j4f;$a s,!yyJ$jJs ,q iyq;t$;,~~ 1;y;?: yy$!/~ SAN OILCO, INC I ,Fci? ,P,~&p~.T~ i/&f5 .s,$iQ$ji& fiEC?EG;b. 4 ‘,- , ?CJ MNNNO llmlhmlekm SC sirs ml Rp~b-~&Ap-- r;g!( !S &#DE /qp?~(~fl,’ 3. q T/7 ;j$- , ,-If- -: ‘-if?, i - smDka,QQtll I ., .J L L:/w*li.ili Of #qgp~~jy g;g v”#Nf--pp i:,yfs. SUlVEYWi F?lt6l9b5W!iOO~E@9~l4U OlWU2~OwG StEr f F ‘Y DE#iG4770# PLAT - CITY OF cARlSR4D /PPLICANT: PREPARED By: PROJECT: A.P.N.: CATELLUS RfSlOENTlAL Woup IRVINE, CA 92714 w&z 4-8-Y&3 AITCHISON 215-070-18 SUITE 400 5PARKP!XA PROPERTY JOHN W. HILL. JR. L!S. 5669 IBIT (714) 251-6100 EXPIRES: g/30/99 FR. 3.4.374 17VUlfLM A CiT .A I13 IOZ- RECORDING REQUESTED 6) AND WHEN RECORDED, PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, California 92008 MAIL TAX STATEMENTS TO: EXEMPT - Space above this line for Recorder’s Use - The undersigned grantor(s) declare(s): Documentary transfer tax is $w ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: ( x ) City of Carlsbad, and NO RECORDING FEE REQUIRED: THIS DOCUMENT EXEMPT FROM FEE PURSUANT TO SECTION 27383 OF CALIFORNIA GOVERNMENT CODE Assessor’s Project: Poinsettia Lane Extension Parcel No.: APN 215-070-10 Location: Poinsettia Lane 8 Aviara Parkway DOCUMENT NO.: 070GALL Reference: RW1070GALL INDIVIDUAL GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, NORMAN G. GALLAGHER, TRUSTEE OF THE NORMAN G. GALLAGHER AND DEBRA L. GALLAGHER FAMILY TRUST DATED 4/24/81, as to an undivided 50% interest and LAIRD CAMERON and CATHERINE ANN CAMERON, husband and wife as joint tenants, as to an undivided 50% interest hereby GRANTS to the CITY OF CARLSBAD, a Municipal Corporation, the following described real property which is situated in the City of Carlsbad, County of San Diego, State of California, as more particularly described in the attached Exhibit “A” and as shown on the attached Exhibit “B”. The Grantor understands that the present intention of the Grantee is to construct and maintain a public highway on the lands hereby conveyed in fee and the Grantor, for the Grantor’s successors and assigns, hereby waives any claims for any and all damages to grantor’s remaining property contiguous to the property hereby conveyed by reason of the location, construction, landscaping or maintenance of said highway. (As used above, the term “Grantor” shall include the plural as well as the singular number.) (JANMAC, INC., Expropriation Consultants) (carlsbad\POINSElTIA EXT\DEEDS\OTOGALL) E.&L+wJ[-r4 ;rq OJ Ild - This document was executed this day of , 1998. NORMAN G. GALLAGHER, TRUSTEE OF THE NORMAN G. GALLAGHER AND DEBRA L. GALLAGHER FAMILY TRUST DATED 4/24/81, as to an undivided 50% interest and LAIRD CAMERON and CATHERINE ANN CAMERON, husband and wife as joint tenants, as to an undivided 50% interest BY: NORMAN G. GALLAGHER, TRUSTEE LAIRD CAMERON CATHERINE ANN CAMERON (NOTARY JURAT) 1 STATE OF }ss. COUNTY OF On personally appeared before me, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authortzed capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature: (This area for official notarial sea/) (JANMAC, INC., Expropriation Consultants) (carlsbad\POINSETTIA EXT\DEEDS\070GALL) /=-gLH@{Th 05 3s “Y EXHIBIT “A” LEGAL DESCRIPTION GALLAGHER FAMILY TRUST AND CAMERON PR. 3.4.313 (POINSETTIA LANE) THAT PORTION OF PARCEL I (DEDICATION PARCEL) DESCRIBED HEREIN LYING WITHIN PARCEL “A” (OWNERSHIP PARCEL) DESCRIBED HEREIN. PARCEL “A” (OWNERSHIP PARCEL) THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF FRACTIONAL SECTION 22, TOWNSHIP I2 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN AS CONVEYED TO GALLAGHER FAMILY TRUST AND CAMERON PER DEED RECORDED JANUARY 8, 1998 AS DOCUMENT NO. 1998-0009994 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED SEPTEMBER 17.1915. PARCEL 1 (DEDICATION PARCEL) . BEING A 102.00 FOOT WIDE STRIP OF LAND LYING 51.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE CENTERLINE INTERSECTION OF POINSETTIA LANE AND AVIARA PARKWAY (FORMERLY ALGA ROAD) AS SHOWN ON CITY OF CARLSBAD TRACT 90-15, MAP NO. 12972, FILED IN THE OFFICE OF THE COUNTY RECORDER SEPTEMBER 17,1992, SAID POINT BEING OCCUPIED BY A STREET SURVEY MONUMENT STAMPED “L.S. 5894” PER RECORD OF SURVEY MAP NO. 13348, FILED IN THE OFFICE OF THE COUNTY RECORDER AUGUST 8, 1991, SAID POINT BEARS NORTH 72”12’46” EAST, 593.97 FEET (NORTH 72’47’00” EAST, PAGE 1 OF 3 :DA M:\Legals\1953 Ocean BluffiOO4A06.doc wo 1953-4 3lU98 &+W?IT I% c16 OF ,y /63 593.94 FEET POlNSE-lTlA SAID POINT PER R OF S 13348) FROM A POINT-ON THE CENTERLINE OF SAID LANE AS SHOWN ON SAID RECORD OF SURVEY MAP NO. 13348, BEING OCCUPIED BY A STREET SURVEY MONUMENT STAMPED “L.S. 5894”; THENCE LEAVING SAID CENTERLINE INTERSECTION ALONG SAID CENTERLINE OF POINSETTIA LANE, NORTH 72”12’46” EAST (NORTH 72O47’00” EAST PER MAP 12972), 185.00 FEET TO THE BEGINNING OF TANGENT CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 1400.00 FEET; THENCE NORTHEASTERLY ALONG SAID CENTERLINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02”41’01” A DISTANCE OF 65.57 FEET (02”41’12”, 65.65 FEET PER MAP 12972) TO A POINT ON THE SOUTHERLY LINE OF SAID SECTION 22, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE NORTHEASTERLY ALONG A CONTINUATION OF SAID CENTERLINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 27”50’53”, A DISTANCE OF 680.46 FEET; THENCE NORTH 41”40’52” EAST, 515.94 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 1400.00 FEET ; THENCE NORTHEASTERLY AND EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 50”47”26” A DISTANCE OF 1241.05 FEET TO A POINT OF TANGENCY ON THE SOUTHERLY LINE OF PARCEL “B” OF CERTIFICATE OF COMPLIANCE RECORDED MARCH 11, 1997, FILE NO. 1997-0106631 OF OFFICIAL RECORDS; THENCE ALONG SAID SOUTHERLY LINE, SOUTH 87”31’42” EAST, 134.77 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL “B”, SAID POINT BEING OCCUPIED BY A % INCH IRON PIPE MARKED “RCE 8210”. THE SIDELINES OF SAID 102.00 FOOT WIDE STRIP OF LAND TO BE SHORTENED OR EXTENDED SO AS TO TERMINATE SOUTHWESTERLY IN THE SOUTHERLY LINE OF SAID FRACTIONAL SECTION 22 AND NORTHEASTERLY IN THE SdUTHERLY LINE OF PARCEL “B” OF SAID CERTIFICATE OF COMPLIANCE AND EASTERLY IN THE WESTERLY LINE OF BLACK RAIL ROAD PER NOTICE OF PENDING ACTION SUPERIOR COURT CASE NO. NO75924 RECORDED SEPTEMBER 12, 1997, FILE NO. 1997-0444689 OF OFFICIAL RECORDS. :DA MILegals\ Ocean BluftWO4A06.doc wo 1953-4 3/2/98 PAGE 2 OF 3 TOGETHER WITH THAT PORTION OF SAID SECTION 22, LYING BETWEEN THE SOUTHERLY SIDELINE OF THE HEREINABOVE DESCRIBED PARCEL 1, AND THE WESTERLY SIDELINE OF SAID BLACK RAIL ROAD AND THE ARC OF A 25.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, SAID CURVE BEING TANGENT TO EACH OF THE LAST -IWO MENTIONED LINES. q-L+ ?- 3-f$ JOHN W. HILL, JR. L.S. 5669 HUNSAKER & ASSOCIATES SAN DIEGO, INC. DA M:Uegals\lg53 Ocean BlufftOO4A06.doc wo 1953-4 3mga PAGE 3 OF 3 &d-t141? 4 96 d rw I ---t,-‘--I------ \ I - I ROS 4772 SLY LINE SEC. 22 3 %!I 66 5%. fizK~.L=m57* 20s -JO774'. oc ' \oiij \ \I% \ LEGEND 1 lNDlC4 TES STREET DEDICX T/ON A -0 \ z A INDlC4TES STREET SURVEY MONUMENT STAMPED “L-S. 5894 - PER R OF S 1.3348. INDIC4 TES RECORD DATA PER MAP 12972 UNLESS OTHERWISE NOTED. [ 1 INDICATES RECORD DATA PER R OF S 13348 1 i I INDICATES RECORD DATA PER R OF S 12096 IY :( )) INDICATES RECORD DATA PER CERTIFICATE OF COMPLIANCE REC. 3/l l/97, 1997~OlD6631 O.R. I LEGAL DESCRIPTION PORTION OF FRACli’ObbU SEC. 22, Tl.?S, R4w, S.&W. BASIS OF BEARliVGS: THE BASIS OF B&4RlNGS FOR THIS MP IS A PORTION OF THE NORTHERLY LINE OF FRACTIONAL SECTION 22, Tl2S, R4w, S.B.M., PER MAP NO. 13429, I.E. N 89’57’432 SHEET 1 OF 2 HUNSAKER &ASSOCIATES SAN DltCQ INC DEDICATION PLAT - CITY OF CARLSBAD 3PLICANT: PREPARED BY: 1 PROJECT: I A.P.N.: CATELLUS RESIDENTIAL GROW IfWINE, CA 92714 WlAlSE7lM SUITE 400 -I!& 3-3-78 5 PAR% PLAZA LANE (714) 251-6100 JOHN W. HILL, JR. LS. 5669 EXPIRES: g/30/99 PR. 3.4.313 215-070-10 EXHIBIT “B” FicClrf2r-r n qq 0-f ifY lo% ‘. -----a_ -----_ SCALE 1" = 100' NOTE: . HUNSAKER DATA SHOWN HEREON I.5 BASED ON THE FOLLOWING RECORD OF SURVEY MAPS: 584, 4772, 4773, 5715, El &ASSOCIATES 6269, 30774, 12096, 13762 AND 14630. RECORD OF SAN DIEGO INC SURVEY MAP NO. 14608 SHOWS ALTERNATE LOC4TlONS FOR PROPERTY LINES SHOWN HEREON. NO I RANNHC loml4AsdmsstsJrr100 ENmmmG smbls~- REPRESENTAlJON IS MADE HEREON AS TO THE LOCATION SUWDINC ~+1&19)ss6400 * rxoss6wu OF PROPERN OR OWNERSHIP LINES. w1.n.w2.oM; siEET2oF 2 DEDlCATlON PUT - CITY OF CARLSMI LPPLICANT: PREPARED By: PROJECT: A.P.N.: CATELLW RESIDENTIAL GROW IRVINE, CA 92714 PoINSElW 215-070-10 NITE 400 yuA-4 23-f-- 5 PARK PLAZA LANE JOHN W. HILL. JR. L.S. 5669 (714) 251-6100 MPIRES: g/30/99 PR. 3.4.313 EXHIBIT “B” c-..r> I‘d i- A loo nf IIq fO( RECORDING REQUESTED 6) AND WHEN RECORDED, PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, California 92008 MAIL TAX STATEMENTS TO: EXEMPT - Space above this line for Recorder’s Use - The undersigned grantor(s) declare(s): Documentary transfer tax is $o.oO ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: ( x ) City of Carlsbad. and Assessor’s Parcel No.: APN 215-070-10 DOCUMENT NO.: 071 GALL NO RECORDING FEE REQUIRED: THIS DOCUMENT EXEMPT FROM FEE PURSUANT TO SECTION 27383 OF CALIFORNIA GOVERNMENT CODE Project: Poinsettia Lane Extension Location: Poinsettia Lane & Aviara Parkway Reference: RW/071GALL SLOPE AND TEMPORARY CONSTRUCTION EASEMENTS FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, NORMAN G. GALLAGHER, TRUSTEE OF THE NORMAN G. GALLAGHER AND DEBRA L. GALLAGHER FAMILY TRUST DATED 4124181, as to an undivided 50% interest and LAIRD CAMERON and CATHERINE ANN CAMERON, husband and wife as joint tenants, as to an undivided 50% interest hereby GRANTS to the CITY OF CARLSBAD, a Municipal Corporation, easements for the construction and maintenance of slopes and incidents thereto, upon, over and across that certain real property hereinafter described, together with; an easement for temporary construction purposes and incidents thereto, upon, over, and across that certain real property hereinafter described. The real property referred to hereinabove and made subject to said slope easements is situated in the City of Carlsbad, County of San Diego, State of California, and is more particularly described in the attached Exhibit “A” as Parcels 2 and 3, and as shown on the attached Exhibit “B” as Parcels 2 and 3. The real property referred to hereinabove and made subject to said temporary construction easement is situated in the City of Carlsbad, County of San Diego, State of California, and is more particularly described in the attached Exhibit “A” as Parcel 4, and as shown on the attached Exhibit “B” as Parcel 4. (JANMAC, INC., Expropriation Consultants) (carlsbad\POINSETTIA EXnEasements\071GALL) ~)ctiIrJ1TA 101 o+ l/Y It is understood and agreed that the Grantor(s) of the temporary construction easement shall not be held liable for any damage to equipment or injury to personnel of said Grantee, its agents or employees, in the perform- ance of the work done within the temporary construction easement. The temporary construction easement shall remain in force for a period of three (3) years from the date this document has been recorded in the Office of the County Recorder of San Diego County. Upon the expiration of said three (3) year period, the Grantee shall have no further rights or liability in connection with said temporary construction easement. This document was executed this day of , 1998. NORMAN G. GALLAGHER, TRUSTEE OF THE NORMAN G. GALLAGHER AND DEBRA L. GALLAGHER FAMILY TRUST DATED 4/24/81, as to an undivided 50% interest and LAIRD CAMERON and CATHERINE ANN CAMERON, husband and wife as joint tenants, as to an undivided 50% interest BY: NORMAN G. GALLAGHER, TRUSTEE LAIRD CAMERON CATHERINE ANN CAMERON (NOTARY JURAT) STATE OF ;ss. COUNTY OF On personally appeared before me, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies). and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature: (This area for official notarial seal) (JANMAC, INC., Expropriation Consultants) (carlsbad\POINSETTtA EXT\Easements\071GALL) t34(&- 6;. [oz. 6-F IfLt EXHIBIT “A”. LEGAL DESCRIPTION GALLAGHER FAMILY TRUST AND CAMERON PR. 32.101 (SLOPE & TEMPORARY CONSTRUCTION EASEMENTS) THOSE PORTIONS OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF FRACTIONAL SECTION 22, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN AS CONVEYED TO GALLAGHER FAMILY TRUST AND CAMERON PER DEED RECORDED JqNUARY 8, 1998 AS DOCUMENT NO. 1998-0009994 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED SEPTEMBER 17, 1915, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 1 (REFERENCE ONLY POINSETTIA LANE) BEING A 102.00 FOOT WIDE STRIP OF LAND LYING 51.00 FEET ON EACH SIDE ‘OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE CENTERLINE INTERSECTION OF POINSETTIA LANE AND AVIARA PARKWAY (FORMERLY ALGA ROAD) AS SHOWN ON CITY OF CARLSBAD TRACT 90-15, MAP NO. 12972, FILED IN THE OFFICE OF THE COUNTY RECORDER SEPTEMBER 17,1992, SAID POINT BEING OCCUPIED BY A STREET SURVEY MONUMENT STAMPED “L.S. 5894” PER RECORD OF SURVEY MAP NO. 13348, FILED IN THE OFFICE OF THE COUNTY RECORDER AUGUST 8, 1991, SAID POINT BEARS NORTH 72”12’46” EAST, 593.97 FEET (NORTH 72”47’00” EAST, 593.94 FEET PER R OF S 13348) FROM A POINT ON THE CENTERLINE OF SAID PAGE 1 OF 5 :DA M:\Legals\l953 Ocean 6luffiOO4Al J.doc wo 19534 2/27/9a - POINSEITIA LANE AS SHOWN ON SAID RECORD OF SURVEY MAP NO. 13348, SAID POINT BEING OCCUPIED BY A STREET SURVEY MONUMENT STAMPED “L.S. 5894”; THENCE LEAVING SAID CENTERLINE INTERSECTION ALONG SAID CENTERLINE OF POINSETTIA LANE, NORTH 72”12’46” EAST (NORTH 72047’00” EAST PER MAP 12972), 185.00 FEET TO THE BEGINNING OF TANGENT CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 1400.00 FEET; .THENCE NORTHEASTERLY ALONG SAID CENTERLINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02”41’01” A DISTANCE OF 65.57 FEET (02”41’12”, 65.65 FEET PER MAP 12972) TO A POINT ON THE SOUTHERLY LINE OF SAID SECTION 22, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE NORTHEASTERLY ALONG A CONTINUATION OF SAID CENTERLINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 27”50’53”, A DISTANCE OF 680.46-FEET; THENCE NORTH 41040’52” EAST, .515.94 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 1400.00 FEET ; THENCE NORTHEASTiRLY AND EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 50”47”26” A DISTANCE OF 1241.05 FEET TO A POINT OF TANGENCY ON THE SOUTHERLY LINE OF PARCEL “B” OF CERTIFICATE OF COMPLIANCE RECORDED MARCH 11, 1997, FILE NO. 1997-0106631 OF OFFICIAL RECORDS; THENCE ALONG SAID SOUTHERLY LINE, SOUTH 8731’42” EAST, 134.77 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL “B”, SAID POINT BEING OCCUPIED BY A % INCH IRON PIPE MARKED “RCE 8210”. THE SIDELINES OF SAID 102.00 FOOT WIDE STRIP OF LAND TO BE SHORTENED OR EXTENDED SO AS TO TERMINATE SOUTHWESTERLY IN THE SOUTHERLY LINE OF SAID FRACTIONAL SECTION 22 AND NORTHEASTERLY IN THE SOUTHERLY LINE OF PARCEL “B” OF SAID CERTIFICATE OF COMPLIANCE AND EASTERLY IN THE WESTERLY LINE OF BLACK RAIL ROAD PER NOTICE OF PENDING ACTION SUPERIOR COURT CASE NO. NO75924 RECORDED SEPTEMBER 12, 1997, FILE NO. 1997-0444689 OF OFFICIAL RECORDS. :DA M:\Legals\lg53 Ocean Blufh004AlJ.doc wo 1953-4 2127198 PAGE 2 OF 5 TOGETHER WITH THAT PORTION OF SAID SECTION 22, LYING BETWEEN THE SOUTHERLY SIDELINE OF THE HEREINABOVE DESCRIBED PARCEL 1, AND THE WESTERLY SIDELINE OF SAID BLACK RAIL ROAD AND THE ARC OF A 25.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, SAID CURVE BEING TANGENT TO EACH OF THE LAST TWO MENTIONED LINES. PARCEL 2 (SLOPE EASEMENT) BEGINNING AT THE NORTHWEST CORNER OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 22; THENCE ALONG THE WESTERLY LINE OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 22, SOUTH 02’12’02” EAST, 47.44 FEET TO AN -INTERSECTION WITH THE NORTHERLY LINE OF THE HEREINABOVE DESCRIBED PARCEL 1, SAID POINT BEING THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 1451.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 18”44’13” WEST; THENCE NORTHEASTERLY ALONG SAID NORTHERLY LINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 05”58’22” A DISTANCE OF 151.26 FEET TO AN INTERSECTION WITH THE SOUTHERLY LINE OF PARCEL “B” OF CERTIFICATE OF COMPLIANCE RECORDED MARCH II, 1997, FILE NO. 1997- 0106631 OF OFFICIAL RECORDS OF SAID SAN DIEGO COUNTY; THENCE ALONG SAID SOUTHERLY LINE, NORTH 87”31’42” WEST (RECORD = NORTH 86”57’48” WEST), 147.47 FEET TO THE POINT OF BEGINNING. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.076 ACRE MORE OR LESS. PARCEL 3 (SLOPE EASEMENT) COMMENCING AT THE NORTHWEST CORNER OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST PAGE 3 OF 5 :DA M:\Legals\l953 Ocean BluM004A13.doc wo 1953-4 2/2719a QUARTER OF SAID FRACTIONAL SECTION 22; THENCE ALONG THE WESTERLY LINE OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 22, SOUTH 02”12’02” EAST, 154.19 FEET TO THE TRUE POINT OF BEGINNING SAID POINT BEING AN INTERSECTION WITH THE SOUTHERLY LINE OF THE HEREINABOVE DESCRIBED PARCEL I, SAID POINT ALSO BEING THE BEGINNING OF A NON- TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 1349.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 20”01’40” WEST; THENCE NORTHEASTERLY AND EASTERLY ALONG SAID SOUTHERLY LINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 22”29’58” A DISTANCE OF 529.74 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY LINE, SOUTH 87”31’42” EAST, 85.24 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWl%TERLY HAVING A RADIUS OF 25.00 FEET; THENCE EASTERLY, SOUTHEASTERLY AND SOUTHERLY ALONG SAID SOUTHERLY LINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 85”29’39” A DISTANCE OF 37.30 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF BLACK RAIL ROAD PER NOTICE OF PENDING ACTION SUPERIOR COURT CASE NO. :N075924 RECORDED SEPTEMBER 12, 1997, FILE NO. 1997-0444689 OF OFFICIAL RECORDS; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE, SOUTH 02”02’03” EAST, 3.29 FEET; THENCE LEAVING SAID WESTERLY RIGHT- OF-WAY LINE, NORTH 87”32’40” WEST, 192.24 FEET; THENCE SOUTH 80”50’01” WEST, 338.71 FEET; THENCE SOUTH 72”58’16” WEST, 106.51 FEET TO A POINT ON THE WESTERLY LINE OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 22; THENCE ALONG SAID WESTERLY LINE, NORTH 02”12’02” WEST, 27.67 FEET TO THE TRUE POINT OF BEGINNING. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0,440 ACRE MORE OR LESS. :DA M:Vegals\lg53 Ocean BluffQO4A13.doc wo 1953-4 2/27/98 PAGE 4 OF 5 PARCEL 4 (TEMPORARY CONSTRUCTION EASEMENT) BEING A 20.00 FOOT WIDE STRIP OF LAND, THE SOUTHERLY LINE BEING PARALLEL WITH AND 20.00 FEET SOUTHERLY OF THE SOUTHERLY LINE OF THE HEREINABOVE DESCRIBED PARCEL 3. THE SOUTHERLY SIDELINE OF SAID 20.00 FOOT WIDE STRIP OF LAND TO BE SHORTENED OR EXTENDED SO AS TO TERMINATE WESTERLY IN THE WESTERLY LINE OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 22 AND EASTERLY IN THE WESTERLY RIGHT-OF-WAY LINE OF SAID BLACK RAIL ROAD. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.293 ACRE MORE OR LESS. F-Gk 3- ?- 5:: JOHN W. HILL, JR. L.S. 5669 HUNSAKER &ASSOCIATES SAN DIEGO, INC. PAGE 5 OF 5 :DA M:\Legals\1953 Ocean BluffU04A13.doc wo 19534 z27t9a ---- -- -- --- FRA m-1 ONAL \ --- ---- INDIC4TES 314 - IRON PIPE MARKED -RCE 8210 PER R OF S 12096 INDIC4TES RECORD DA TA PER u4P 12972 INDICATES RECORD DATA PER R OF S 13348 1 1 INDICITES RECORD LIATA PER R OF S 4773 (( )) INDICATES RECORD DATA PER CERTIF/CATE OF ?Tcm1TY A&w COMPLIANCE REC. 3,/l l/97, 1997-O 10663 1 0. R. NO SCALE LEGAL DESC..?7ON I PORTION OF FR4CTlONAL SEC. 22, Tl2S. R4w, S.&U. HUNSAKER &ASSOCIATES BASIS OF BE#UNGS- JAI DltGO. INC THE E4SIS OF BfiR1NC.S FOR THIS bP IS A PORTION OF THE NORTHERLY LINE OF FR4CTIONAL SECTION 22. Tl2S, PUNNWC ?wv-stsjtc2m R4W, S.B.M.. PER MAP NO. 13429. I.E. N 89’57’43% EFKINEBWC LnDqqG9zm SVRVEYUG Pl#6l9k%MQ’l* tiS~i%.M4l4 OolYCl l.owc SHEET 1 OF 2 DEDICATION PlAT - ClW OF CARlS8.40 \PPLlCANT: PREPARED BY: PROJECT: A.P.N.: CATELLUS RESIDENTIAL GROUP SLOPE h TEMPORWY IRVINE, CA 92714 /- /eye CONSRLJCTION 215-070-10 SUITE 400 4Ap 5 PARK PLAZA JOHN W. HILL, JR. LS. 5669 HSEMEMS (714) 251-6100 EXPIRES: 9/30/99 PR. 3.2.101 EXHIBIT “B” - . c.. I I IR gF s yzogs S’LY Lfh’E PARCEL -E - CERnflaK OF cOMpLM R~CORDED 3/l f/97, FILE NO. !997-0106631 -- GIMERON ----- -I-------.--* LEGEND INDIQI TES SLOPE GISEMENT INOt& TES TEMPORARY CONSTRUCTION tXiEhKNT NOTE: SCALE 1” = 100’ HUNSAKER DATA SHOWN HEREON IS 6MSED Ori THE FOLLOWING RECORD OF SURVEY MAPS: 584, 4772, 4773, 57 15, &ASSOCIATES 6269, 10774, 12096, 13762 AND 14630. RECORD OF SAM DIEGQ 1YC SURVEY MAP NO. 14.608 SHOWS AL TERNATE LOC4 TIONS FOR PROPERTY LINES. SHOWN HEREON, NO I llhwNc lau9l+mdmaSr~zoo WON- Sn!JiegaG9ZtZt REPRESENTATION tS MADE HEREON AS TO THE LOCATION SUKVEYINC R1055b(SOO * FXf6?9lS5Sl4?4 001xGf2.m OF PROPERTY OR OWNERSHIP LINES. sEET2oF 2 DEDICATION PUT - CITY OF CARLSEAD rPPLICANT: PREPARE0 BY: PROJECT: A.P.N.: CATELLUS RESIDENTIAL GROUP SLOPE & TEMPUR4UY IFtVINE, CA 92714 /% e 3 _ 3 _ ye CONS7RW7ON 215-070-10 SUITE 400 IA 5 PA% PLAZA JOHN W. HILL, JR. L.5. 5669 GISEMEMS (714) 251-6100 EXPIRES: 9/30/99 PI?. 3.2707 EXHIBIT ‘73” F&r all- A lP,q n c / iti I fs? RECORDING REQUESTED B , AND WHEN RECORDED, PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, California 92008 MAIL TAX STATEMENTS TO: EXEMPT I The undersigned grantor(s) declare(s): Documentary transfer tax is $m ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: ( x ) City of Cartsbad, and Assessol’s Parcel No.: APN 2X5-070-04 DOCUMENT NO.: 081 GALL - Space above this line for Recorder’s Use - NO RECORDING FEE REQUIRED: THIS DOCUMENT EXEMPT FROM FEE PURSUANT TO SECTION 27383 OF CALIFORNIA GOVERNMENT CODE Project: Poinsettia Lane Extension Location: Poinsettia Lane & Aviara Parkway Reference: RW1081 GALL SLOPE AND TEMPORARY CONSTRUCTION EASEMENTS FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, JOSEPH A. RUDVALlS and BARBARA G. RUDVALIS AS TRUSTEE OF THE JOSEPH and BARBARA RUDVALIS FAMILY TRUST UDT 617189 hereby GRANTS to the CITY OF CARLSBAD, a Municipal Corporation, an easement for the construction and maintenance of a slope and incidents thereto, upon, over and across that certain real property hereinafter described, together with; an easement for temporary construction purposes and incidents thereto, upon, over, and across that certain real property hereinafter described. The real property referred to hereinabove and made subject to said slope easement is situated in the City of Carlsbad, County of San Diego, State of California, and is more particularly described in the attached Exhibit “A” as Parcel 1 and as shown on the attached Exhibit “B” as Parcel 1. The real property referred to hereinabove and made subject to said temporary construction easement is situated in the City of Carlsbad, County of San Diego, State of California, and is more particularly described in the attached Exhibit “A” as Parcel 2 and as shown on the attached Exhibit “B” as Parcel 2. (JANMAC, INC., Expropriation Consultants) (carlsbad\POINSETTIA EXTIEasements\OBlRUDV) E%WU A 110 of illf m It is understood and agreed that the Grantor(s) of the temporary construction easement shall not be held liable for any damage to equipment or injury to personnel of said Grantee, its agents or employees, in the perform- ance of the work done within the temporary construction easement. The temporary construction easement shall remain in force for a period of three (3) year from the date this document has been recorded in the Office of the County Recorder of San Diego County. Upon the expiration of said three (3) year period, the Grantee shall have no further rights or liability in connection with said temporary construction easement. This document was executed this day of , 1998. JOSEPH A. RUDVALIS and BARBARA G. RUDVALIS AS TRUSTEE OF THE JOSEPH and BARBARA RUDVALIS FAMILY TRUST UDT 6/7/89 BY: JOSEPH A. RUDVALIS, TRUSTEE BY: BARBARA G. RUDVALIS, TRUSTEE (NOTARY JURAT) STATE OF COUNTY OF On personally appeared before me, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed b the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature: (This area for official notarial seal) (JANMAC, .INC., Expropriation Consultants) (cartsbad\POINSETTIA EXT\Easements\081RUDV) EXHIBIT “A” LEGAL DESCRIPTION RUDVALIS FAMILY TRUST PR. 3.2.100 THOSE PORTIONS OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF FRACTIONAL SECTION 22, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, AS DESCRIBED IN QUITClAIM DEED RECORDED JUNE 27, 1989 AS FILE NO. 89-337985 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL I (SLOPE EASEMENT) BEGINNING AT THE NORTHWEST CORNER SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 22; THENCE THEREOF, SOUTH 87”31’12” EAST, 39.05 OF THE NORTH HALF OF THE QUARTER OF THE SOUTHWEST ALONG THE NORTHERLY LINE FEET; THENCE LEAVING SAID NORTHERLY LINE, SOUTH 44”57’59” WEST, 52.90 FEET TO A POINT ON THE WESTERLY LINE OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 22; THENCE ALONG SAID WESTERLY LINE, NORTH 02”23’14” WEST, 39.15 FEET TO THE POINT OF BEGINNING. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.017 ACRE MORE OR LESS. :DA MiLegals\ Ocean Bluffi004A14.doc wo 1953-4 3f4f90 PAGE 1 OF 2 PARCEL 2 (TEMPORARY CONSTRUCTION EASEMENT) BEING A 20.00 FOOT WIDE STRIP OF LAND, THE SOUTHEASTERLY LINE BEING PARALLEL WJTH AND 20.00 FEET SOUTHEASTERLY OF THE SOUTHEASTERLY LINE OF THE HEREINABOVE DESCRIBED PARCEL 1. THE SOUTHEASTERLY SIDELINE OF SAID 20.00 FOOT WIDE STRIP OF LAND TO RF SHORTFNFn OR Fw T-E S-Y ::: THE WESTERLY LINE OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 22 AND NORTHEASTERLY IN THE NORTHERLY LINE OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 22. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.033 ACRE MORE OR LESS. J&N W. HILL, JR. L.S. 5669 HUNSAKER &ASSOCIATES SAN DIEGO, INC. PAGE 2 OF 2 :DA M:\Legals\l953 Ocean Blufft004A14.doc wo 1953-4 34190 I5&ll3i7A l/3 .ic /(y -------- --- 1%6x 7’ SAN DIEGO GAS & ELECTRIC CO. DrsEMENT RECORDED 5/16/1g72, flLE/pAGE No. 123.323 Of 0.R. APN 2 15-070-04 /\/I’&~ 5 kyy/4~, sgj/d, s w-l/_j sz@Tjgfy 22, -f-/Is, ryllj w, d, Et lkJa EHX 150’ SAN OIEGO GAS & ELECTR]C co. CQ~E..ENT RECORDED 2/28/1g57 IN BK. 6475, PG. 552 OF 0.R. B II ----.--- -- --- = 1 ij INDICA TES SL OPE t%SEMEN T a u I INLXA TES TEMPORARY 100 CONSTRUCTION EASEMENT / m NOTE SCALE 1” = 100’ m F=l HUNSAKER DATA SHOWN HEREON IS @ISED Oh’ THE FOLLOWllJG ’ ; &ASSOCIATES RECORD OF SURVEY MAPS: 584, 4 772, 4 773, 57 15, SAN OltGO INC n.abm4c loose sLsMzw mcmmmc SaNckgQGm SVWBWC tWt6l9b%d400~ M679b.556.3474 0013ui12Jnu 6269, 10774, 12096, 13762 AND f 4630. RECORD Of SURVEY h&v=’ NO. 74608 SHOWS AL TERNATE LOCATIONS FOR PROPERTY LINES SHOWN HEREON. NO REPRESENTATION IS MADE HEREON AS TO THE LOCATION SHEmloF 1 OF PROPERTY OR OWNERSHIP LINES. DEDlCAnON PlAT - ClTy Of- c.#uBAD iPPLICANT: PREPARED BY: PROJECT: A.P.N.: CATELLUS RESIOENTIAL UWf’ SLOPE & TEMPORARY IRVINE, CA 92714 SUITE 400 5 PARK PLAZA (714) 251-6100 CONS7RiJCTION 215-070-04 w&p 3-S-9$ JOHN W. HILL JR. L!% 5669 DLSEMEMS EXPIRES: 9/M/99 PI?. 3.2.7 00 EXHIBIT “B” Al).... /I I fe-3 .I :.- .J 7 l ,w I ,.’ ( , y EAST TOWER-SUITE 1300 IRVINE, CALIFORNIA 92614-6226 (714) 851-9400 May 19, 1998 LAW OFFICES PALMIERI, TYLER,wIENER, WILHELM & WALDRON * LlMlTiID LlABlLlTY PARTNERSHIP lNa."DlNG PROFESSIONAL CORPORATIONS 2603 MAIN STREET PINGEL J. PALMlERl W26-l996~ ROBERT F. WALORON ~1927-19!x3~ ALAN H. WIENER’ GARY c. WEISSERG ROBERT c. IHRKE. MICHAEL H. LElFER JAMES E. WILHELM’ SCOTT R. CARPENTER DENNIS t. TYLER” RICHARD A. SALUS MICHAEL J. GREENE” NORMAN J. RODICH FRANH c. ROTHROCK* 0. SUSAN WIENS DENNIS W. GHAN* RONALD M. COLE 0A”lD 0 PARR* LOR, K. DAVIES CHARLES H. KANTER’ SUSAN T. SAKURA GEORGE J WALL DANIEL R. FOSTER L. RICHARD RAWLS MATTHEW W. PASKERIAN PATRICK A. HENNESSEY PAUL s. L* SCALA DON FISHER MICHAEL 1. D’ANGELO GREGORY N. WEILER MAR,* A. RICHLEY WARREN A. WlLU*MS CHARLES 5. HROUKOWSKI JOMN R. LlSTER MKHAEL J S*RR*O BRUCE W. OANNEMEYER MIRIAM L SCHIMMEL CYNTHIA M. WOLCOTT TROY THOMAS JOEL P. KEW MARK E. CRONE MICHELLE M. FUJlMOTO JAMES R. MCCOY JR OF COUNSEL JAMES M. PHlLl.lPS. JR.+ ** PROFE*510N*L CORPDRATlDN City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 LLP P 0. BOX 19712 IRVINE. CA 92683-9712 WRITER’S DIRECT DIAL NUM8ER (714) 851-7293 TELECOPIER (714) as,-,554 17141 851-3844 l714l 757-1225 1714) 851-2351 REFER TO FILE NO. 31213-000 VIA FACSIMILE AND U.S. MAIL (619) 299-4268 Frank L. Asaro, Esq. ASARO, KEAGY, FREELAND' t MCKINLEY Fourth Floor 3170 Fourth Avenue San Diego, CA 92103 Re: Poinsettia Lane Extension Project May 19, 1998 Hearing Date Objections and Opposition to Adoption of Resolution of Necessity - As8essor1s Parcel No. 215-070-04 Dear Sir or Madam: This firm represents Joseph and Barbara Rudvalis, fee owners of the above-described property located in Carlsbad, California ("subject property"). The subject property is located within the designated project area for the Poinsettia Lane Extension. The purpose of this letter is to provide written objections in conjunction with the opportunity to be heard pursuant to Code of Civil Procedure section 1245.235. Mr. and Mrs. Rudvalis object to and oppose the adoption of a resolution of necessity regarding the project on the following grounds and for the following reasons: 0 The project is not a public use for which the powers of eminent domain may be appropriately exercised. Among . PALMIERI,TYLER,WIENER,WILHELM&WALDRONLLP City Clerk May 19, 1998 Page 2 other things, the project is for the private benefit of the Ocean Bluff developer and its construction program for the Ocean Bluff development. a The public interest and necessity do not require the proposed project as the project is not planned or located in such a manner that will result in the least private injury and the greatest public good. 0 The City is incapable of conducting a fair, legal and impartial hearing regarding the taking of the Rudvalis property. Any hearing resulting in the City's adoption of a resolution of necessity to take a portion of the subject property would be a predetermined result because the City has committed itself to take the Rudvalis property through previous actions. (see Redevelopment Asency v. Norm's Slauson (1985) 173 Cal.App.3d 1121.) 0 The City has failed to make an adequate offer of compensation pursuant to Government Code section 7267.2 (See Code Civ. Proc., S 1245.230, subd. (c)(4).) The City has failed to value the larger parcel and has not properly considered severance damages to the remainder. 0 The proposed resolution of necessity is so vague and ambiguous as to be fatally flawed with regard to the acquisition of property or any interest therein as a l*remnantlV pursuant to Code of Civil Procedure section 1240.410, a compatible joint use pursuant to Code of Civil Procedure section 1240.510, and a more necessary public use pursuant to Code of Civil Procedure section 1240.610. The property owners have received no information with regard to a taking under these provisions of the Code. Moreover, there is no analysis or support whatsoever in the staff report as a basis for these purported findings, and the record is bare of any information to support a taking under these code sections. cc: William L. MacFarlane, SR/WA Mr. and Mrs. Rudvalis LAW OFFICES PALMIERI, TYLEh, WIENER, WILHELM 8s WALDRON LLP A LIMITED LIABILITY PARTNERSHIP INCLUDlNG PROFESSIONAL CORPOR*TIONS 2603 MAlN STREET ANGELO J. PALM,ERI ~1926-l996) ROBERT F WALORON ,lS27-,998) ALAN H. WIENER’ GARY c WEISSERG ROSERT c. IHRKE’ MICHAEL H EIFER JAMES E. WILHELM” SCOTT R CARPENTER DENNIS C TYLER’ RICHARD * SALUS MICHAEL J. GREENE’ NORMAN , ROOICH FRANK C. ROTHROCK* 0. SUSAN WENS DENNIS W GHAN’ RONALD M. COLE DAVID 0 PARR’ LORI K. DA”fES CHARLES H. KANTER. SVSAN T. SAKURA GEORGE J. WALL DANIEL R. FOSTER I.. RICHARD RAWLS MATTHEW W PASKER,AN EAST TOWER-SUITE 1300 IRVINE, CALIFORNIA 92614-6226 (714) 851-9400 May 19, 1998 PATRICK A. HENNESSEY PAUL s. LA SCL\LA DON FlSHER MICHAEL L. D’ANGELO GREGORY N. WEILER MARIA A. RICHLEY WARREN A. WlL,.,AMS CHARLES S. KROLIKOWSKI JOHN R. LISTER MICHAEL .I SARRAO BRUCE W. DANNEMEYER MIRIAM L. SCHIMMEL CYNTHIA M WOLCOTT TROY THOMAS JOEL P. KEW MARK E. CRONE MICHELLE I.4 FUJIMOTO JAMES R. McCOY JR OF COUNSEL JAMES M. PWILLIPS. JR.’ ** P1101Ls510N*L CORPOIIATION P. 0. BOX 19712 IRVINE, CA 92623-9712 WRITER’S DIRECT DIAL NUMBER (714) 851-7293 TELECOPIER ,714, es,-,554 1714) *Sl-3844 (714) 757-122s 1714) es,-2351 REFER TO FILE NO. 31201-000 City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 VIA FACSIMILE AND U.S. MAIL (619) 299-4268 Frank L. Asaro, Esq. ASARO, KEAGY, FREELAND & MCKINLEY Fourth Floor 3170 Fourth Avenue San Diego, CA 92103 Re: Poinsettia Lane Extension Project May 19, 1998 Hearing Date Objections and Opposition to Adoption of R8SOlUtiOn of Necessity - ASS8SSOr'S Pam81 No. 215-070-19 Dear Sir or Madam: This firm represents William and Donna Marie Baker, fee owners of the above-described property located in Carlsbad, California ("subject property"). The subject property is located within the designated project area for the Poinsettia Lane Extension and Brigantine Drive Project. The purpose of this letter is to provide written objections in conjunction with the opportunity to be heard pursuant to Code of Civil Procedure section 1245.235. The Bakers object to and oppose the adoption of a resolution of necessity regarding the project on the following grounds and for the following reasons: &lbm’, 4&l cl?< .A&rdfind A-L IAd CC/la lo k c,: t-u mm! I 0l.s . - . PALMIERI, TYLER, WIENER, WILHELM & WALDRON LLP City Clerk May 19, 1998 Page 2 0 The project is not a public use for which the powers of eminent domain may be appropriately exercised. Among other things, the project is for the private benefit of the Ocean Bluff developer and its construction program for the Ocean Bluff development. 0 The public interest and necessity do not require the proposed project as the project is not planned or located in such a manner that will result in the least private injury and the greatest public good. 0 The City is incapable of conducting a fair, legal and impartial hearing regarding the taking of the Baker property. Any hearing resulting in the City's adoption of a resolution of necessity to take the subject property or a portion thereof would be a predetermined result because the City has committed itself to take the Baker property through previous actions. (See Redevelopment Aaencv v. Norm's Slauson (1985) 173 Cal.App.3d 1121.) 0 The City has failed to make an adequate offer of compensation pursuant to Government Code section 7267.2. (See Code Civ. Proc., S 1245.230, subd. (cl (4) -1 l The proposesd resolution of necessity is so vague and ambiguous as to be fatally flawed with regard to the acquisition of property or any interest therein as a "remnantI' pursuant to Code of Civil Procedure section 1240.410, a compatible joint use pursuant to Code of Civil Procedure section 1240.510, and a more necessary public use pursuant to Code of Civil Procedure section 1240.610. The property owners have received no information with regard to a taking under these provisions of the Code. Moreover, there is no analysis or support whatsoever in the staff report as a basis for these purported findings, and the record is bare of any information to support a taking under these code sections. cc: William L. MacFarlane, SR/WA / Mr. and Mrs. Baker May 14,1998 Richard R. Freeland Asaro, Keagy, Freeland & McKinley Fourth Floor 3170 Fourth Avenue San Diego, Ca 92103 RE: NOTICE OF PUBLIC HEARING FOR POINSETTIA LANE EXTENSION The City Clerk’s Office has received two letters dated May 12, 1998, from Attorney Michael Leifer regarding the above-referenced public hearing. Mr. Leifer represents Mr. & Mrs William Baker and Mr. & Mrs. Joseph Rudvalis. Copies of both letters are enclosed for your information. Encs. c: Ron Ball, City Attorney Dave Hauser, Asst. City Engineer 1200 Carlsbad Village Drive - Carlsbad, California 92008-1989 - (760) 434-2808 ANGELO J PALMIERI ll926-,996, EAST TOWER-SUITE 1300 ROBERT F. WALDRON ll927-,998) IRVINE, CALIFORNIA 92614-6226 IRVINE. CA 92623-9712 ALAN H WIENER* ROBERT c. IHRKE’ JAMES E. WILHELM* DENNIS G. TYLER’ MICHAEL J. GREENE’ FRANK C. ROTHROCK’ DENNIS W GHAN” DAVID D. PARR* CHARLES H. KANTER” GEORGE J. WALL L. RICHARD RAWLS PATRlCK A. HENNESSEY DON FISHER GREGORY N. WEILER WARREN A. WILLIAMS JOHN R. USTER BRUCE W DANNEMEYER CYNTHIA M. WOLCOTT JOEL P. KEW MlCHELLE M. FVJIMOTO GARY C. WEISSERG MICHAEL H. LElFER SCOTT R. CARPENTER RlCHARD A SALVS NORMAN J. RODICH D SUSAN WIENS RONALD M. COLE LORI K. D.a”IES SVSAN T. SAHURA DANIEL R FOSTER MATTHEW W. PASKERIAN PAVL 8. LA SCALA MICHAEL I.. D’ANGELO MARIA A. RICHLEY CHARLES S. KROLIKOWSKI MICHAEL J. SARRAO MIRIAM L. SCHlMMEL TROY THOMAS MARK E CRONE JAMES R. MCCOY JR (714) 851-9400 WRITER’S DIRECT DIAL NUMBER 851-7294 May 12, 1998 TELECOPIER (714) 651-1554 1714) 851-3844 i7141 757-1225 1714) *51-2351 REFER TO FILE NO. 31213-000 LAW OFFICES PALMIERI, TYLER, WIENER, WILHELM & WAL A LlMlTED LIAWLITY PARTNERSHlP !NCLUDlNG PROFESSIONAL CORPORATIONS 2603 MAIN STREET OF COUNSEL JAMES M. PHILLIPS, JR.’ .A PlDFESSlONAL CoRPOR*TION City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, Re: CA 92008- Poinsettia Lane Extension Project May 12, 1998 Hearing Date Dear City Clerk: This office represents Mr. and Mrs. Joseph Rudvalis. We have received your Notice that the Public Hearing to Adopt a Resolution of Necessity has been continued to May 19, 1998. Please be advised that the Rudvalis reserve their right to appear and be heard through a representative at the hearing on May 19, 1998. MHL:pjr cc: Mr. and Mrs. Rudvalis Richard R. Freeland, Esq. via facsimile and mail (619) 299-4268 F:\DOnAIN\888\RUDVALIS\CITY2.LTR 05/12/98 ANGELO J. PALMIERI (l926-IsEm EAST TOWER - SUITE 1300 P. 0. eox 19712 ROBERT F. WALDRON ,,9274!398l IRVINE, CALIFORNIA 92614-6228 IR”lNE. CA 92623-9712 G*RY c. WEISBERC MICHAEL H ILIFER (714) 851-9400 WRITER~S DIRECT SCOTT R CARPENTER RCHARD A SAL”* DIAL NUMBER ALAN H. WIENER’ ROBERT c. IHRKE’ JAMES E. WICHEu.P DENNIS G TYLER’ MICHAEL J. GREENE’ FRANK c. ROTHROCK’ DENNIS W. GHAN* DAVID 0 PARR* CH*RLES H. KANTER* GEORGE J WALL L. RICHARD RAWLS PATRICK A HENNESSEY DON FISHER GREGORY N. WEILER WARREN A WIl.LI*MS JOHN R. LISTER BRUCE W DANNEMEYER CYNTHIA M. WOLCOTT JOEL P KEW MICHLLLE I.. F”,IMOTO NORMAN J. RODICH 0. SUSAN WIENS RONALD M. COLE LORI K. DAVIES SUSAN T SAKVRA DANIEL I?. FOSTER MATTHEW w. PA3ERIAN PAVL B LA SCALA MICHAEL L D’ANGELO MARIA A. RICWJY CHARLES 5. KROLlKOWSKl MICHAEL ,. SARRAO MIRIAM L. SCHIMMEL TROY THOMAS MARK E. CRONE JAMES R. MCCOY JR. 851-7294 May 12, 1998 TELECOPIER ,714) 851-155-I (714) 851-3644 (714) 757-1215 (7141 851-2351 REFER TO FILE NO. 31201-000 LAW OFFICES PALMIERI, TYLER, WIENER, WILHELM & WA A LIMITED LlABlLlTY PARTNERSHIP lNCLUDlNC PROFE5SION*L CORPORATlON* 2603 MAIN STREET OF CO”NSEL JIoiMEf M. PWLUPS. JR: *A PROrESSION*L COIIPOWT!ON City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Re: Poinsettia Lane Extension Project May 19, 1998 Hearing Date Dear City Clerk: This office represents Mr. and Mrs. William Baker. We have received your Notice that the Public Hearing to Adopt a Resolution of Necessity has been continued to May 19, 1998. Please be advised that the Bakers reserve their right to appear and be heard at the hearing on May 19, 1998. MHL:pjr cc: Mr. and Mrs. Baker Richard R. Freeland, Esq. via facsimile and mail (619) 299-4268 F:\DDMAlN\888\BAKER\CITY2.LTR 05/12/98 - FRANK L. ASPiRO ROSCOE 0. KEAGY RICHAAD R. FREELAND STEVEN A. MCKINLEY’ CARL E. SIZEMORE *ALSO AOMlTTED IN NEVADA ASARO KEAGY. FREELAND & MCKINLEY ATTORNEYS AT LAW FOURTH FLOOR 3170 FOURTH *VENUE SAN DIEGO. tAL,FORNlA 98103 TELEPHONE ,619) 297-3170 FACSlMlLE (619) 299-4266 NOTICE OF CONTINUATION OF PUBLIC HEARING TO ADOPT A RESOLUTION OF NECESSITY April 29, 1998 Mr. Ronald L. Roesch 2800 Neilson Way #708 Santa Monica, CA 904054035 RE: Poinsettia Lane Extension Dear Mr. Roesch: On April 14, 1998, our firm notified you that the City Council of the City of Carlsbad would hold a public hearing on May 12, 1998, to consider the adoption of a Resolution of Necessity to authorize the condemnation of a portion of your property for the Poinsettia Lane Project. The hearing on this matter has been continued to May 19, 1998, at 6:00 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 of Necessity to authorize the condemnation of your property for the Poinsettia Lane Extension Project. F:\WPDOCS\CRWtRSO\POINSEll7ROESCH.HRG (04129198 8:32am) Page 2 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 dezrnine 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: Poinsettia Lane Extension Project May 19, 1998 Hearing Date Please feel free to call us should you have any questions. Very truly yours, zrT=EY FRANK L. ASARO cc: Ronald Ball David Hauser City Clerk Bill MacFarlane James M. Hicks FRANK L. ASARO ROSCOE 0. KEAGY RICHARD R. FREELAND STEVEN A. MCKINLEY’ CARL E. SIZEMORE *ALSO ADMITTED IN NEVADA ASARO KEAGY, FREELAND & MCKINLEY ATT0 R N EYS AT LAW FOU RT” FLOOR 3170 FOURTH AVENUE SAN DIECO. CALlFORNlA 98103 TELEPHONE ,619, 297-3170 FACSIMILE 1619, 299-4268 NOTICE OF CONTINUATION OF PUBLIC HEARING TO ADOPT A RESOLUTION OF NECESSITY April 29, 1998 Mr. Norman G. Gallagher, Trustee Ms. Debra L. Gallagher Mr. Laird Cameron Cameron Ms. Catherine Ann Cameron 1252 Palma Vista Court Escondido, CA 920257570 RE: Poinsettia Lane Extension Ladies and Gentlemen: On April 14, 1998, our firm notified you that the City Council of the City of Carlsbad would hold a public hearing on May 12, 1998, to consider the adoption of a Resolution of Necessity to authorize the condemnation of a portion of your property for the Poinsettia Lane Project. The hearing on this matter has been continued to May 19, 1998, at 6:00 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 of Necessity to authorize the condemnation of your property for the Poinsettia Lane Extension Project. F:\WPDOCS\CRWlRSO\POlNSE-llYGALLAGHE.CNT (04/29/98 8:05am) Page 2 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: Poinsettia Lane Extension Project May 19, 1998 Hearing Date Please feel free to call us should you have any questions. Very truly yours, Ag?KWWlNLEY FRANK L. ASAR ’ cc: Ronald Ball David Hauser City Clerk Bill MacFarlane ASARO KEAGY, FREELAND & MCKINLEY ATT0 AN EYS AT LAW FRANK L. ASARO FOURTH FLOOR ROSCOE D. KEAGY RlCHARO Ft. FREELAND 3170 FOURTH AVENUE STEVEN A. MCKINLEY- SAN DIEGO. CALIFORNIA 92103 CARL E. SIZEMORE TELEFWONE ,619, 297-3170 -ALSO AOMITTED IN NE”*D* FACSIMILE 1619, 299-4268 ’ <* NOTICE OF CONTINUATION OF PUBLIC HEARING TO ADOPT A RESOLUTION OF NECESSITY April 29,1998 Mr. William Baker Mrs. Donna Marie Baker 18552 Erwin Street Reseda, CA 913356820 RE: Poinsettia Lane Extension Dear Mr. and Mrs. Baker: On April 14,1998, our firm notified you that the City Council of the City of Carlsbad would hold a public hearing on May 12, 1998, to consider the adoption of a Resolution of Necessity to authorize the condemnation of a portion of your property for the Poinsettia Lane Project. The hearing on this matter has been continued to May 19, 1998, at 6:00 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 of Necessity to authorize the condemnation of your property for the Poinsettia Lane Extension Project. F:\WPDOCS\CRW\RSO\POINSEll-iBAKER.CNT (04129198 8:Ol am) Page 2 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: Poinsettia Lane Extension Project May 19,1998 Hearing Date Please feel free to call us should you have any questions. Very truly yours, <,ym~~~sGY,m~ FRANK L. ASARO cc: Ronald Ball David Hauser City Clerk Bill MacFarlane Mike Leifer 2 FRANK L. ASAl ROSCOE D. KEAGY RICHARO R. FREELAND STEVEN A, MCKINLEY’ CARL h. SIZEMORE -*LSO *OMITTED IN NEVADA ASARO KEAGY, FREELAND & MCKINLEY ATTORNEYS AT LAW F0”RTt-i FLOOR 3170 FOURTH AYENUE SAN DIEGO. CAUFORNIA 92103 TELEPHONE (619, 297-3170 FACSIMILE (6191 Z99-4268 NOTICE OF CONTINUATION OF PUBLIC HEARING TO ADOPT A RESOLUTION OF NECESSITY April 29, 1998 Mr. and Mrs. Joseph A. Rudvalis 6517 El Camino Real Carlsbad, CA 92009-2804 RE: Poinsettia Lane Extension Dear Mr. and Mrs. Rudvalis: On April 14, 1998, our firm notified you that the City Council of the City of Carlsbad would hold a public hearing on May 12, 1998, to consider the adoption of a Resolution of Necessity to authorize the condemnation of a portion of your property for the Poinsettia Lane Project. The hearing on this matter has been continued to May 19, 1998, at 6:00 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 of Necessity to authorize the condemnation of your property for the Poinsettia Lane Extension Project. F:\WPDOCS\CRW\RSO\POINSEllTRUDVALIS.HRG (04129198 8:40am) Page 2 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: Poinsettia Lane Extension Project May 19, 1998 Hearing Date Please feel free to call us should you have any questions. Very truly yours, SHELLEY FRANK L. ASARO cc: Ronald Ball David Hauser City Clerk Bill MacFarlane Mike Leifer FR*NK L. ASARO ROSCOE D. KEAOY RICHARD R. FREELAND STEVEN A. MCKINLEY* CARL E. SIZEMORE -ALSO *OMITTED IN NEVAOA ASARO KEAGY, FREELAND & MCKINLEY ATTORNEYS AT LAW FOURTH FLOOR 3170 FOURTI-! AVENUE SAN DIEOO. CALlFORNlA 92lO3 TELEPHONE (6191 297-3170 FACSlMlLE (619) 299-4268 NOTICE OF CONTINUATION OF PUBLIC HEARING TO ADOPT A RESOLUTION OF NECESSITY April 29, 1998 Mr. and Mrs. Daljit S. Sarkaria P. 0. Box 5766 Orange, CA 92863-5766 RE: Poinsettia Lane Extension Dear Mr. and Mrs. Sarkaria: On April 14, 1998, our firm notified you that the City Council of the City of Carlsbad would hold a public hearing on May 12, 1998, to- consider the adoption of a Resolution of Necessity to authorize the condemnation of a portion of your property for the Poinsettia Lane Project. The hearing on this matter has been continued to May 19, 1998, at 6:00 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 of Necessity to authorize the condemnation of your property for the Poinsettia Lane Extension 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. F:\WPDOCS\CRVARSO\POINSEl-l7SARKARlA.CNT (04129198 8:42am) Page 2 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. YouFwritten request should be addressed to the following: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 RE: Poinsettia Lane Extension Project May 19, 1998 Hearing Date Please feel free to call us should you have any questions. Very truly yours, ZLGCKINLEY . cc: Ronald Ball David Hauser City Clerk Bill MacFarlane - FRANK L. ASARO ROSCOE D. KEACY RICHARD R. !=REEL*ND STEVEN A. MCKINLEY’ CARL E. SIZEMORE *ALSO ADMlTTEO IN NEVeiOA ASARO KEAGY, FREELAND & MCKINLEY ATTORNEYS AT LAW FOURTH FLOOR 3170 FOURTH AVENUE SAN DIEtO. CALIFORNIA 92103 TELEPHONE (619, 297-3170 FACS,M,LE (6191 299-4268 NOTICE OF CONTINUATION OF PUBLIC HEARING TO ADOPT A RESOLUTION OF NECESSITY April 29, 1998 Mr. Ernest M. Hidalgo Mrs. Avelina Hidalgo 6511 El Camino Real Carlsbad, CA 92009-2804 13422 Penn Street Whittier, CA 90602-I 828 RE: Poinsettia Lane Extension Dear Mr. and Mrs. Hidalgo: On April 14, 1998, our firm notified you that the City Council of the City of Carlsbad would hold a public hearing on May 12, 1998, to consider the adoption of a Resolution of Necessity to authorize the condemnation of a portion of your property for the Poinsettia Lane Project. The hearing on this matter has been continued to May 19,1998, at 6:00 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 of Necessity to authorize the condemnation of your property for the Poinsettia Lane Extension Project. F:\WPDOCS\CRW\RSO\POINSEll7HIDALG02.CNT (04129198 9:09am) Page 2 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 fiffeen (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: Poinsettia Lane Extension Project May 19, 1998 Hearing Date Please feel free to call us should you have any questions. Very’truly yours, TTZEKINLEY FRANK L. ASARO cc: Ronald Ball David Hauser City Clerk Bill MacFarlane FRANK L. ASARO ROSCOL D. KEACY RICWARO R. FREELAND STEVEN A. MCKINLEY’ CARL E. SIZEMORE *ALSO *OMITTED IN NE”*oA ASARO KEAGY, FREELAND & MCKINLEY ATTORNEYS AT LAW FOURTH FLOOR 3170 FOURTH AVENUE SAN DIEGO. CALIFORNIA 92103 TELEPHONE 1619) 297-3170 FACSIMILE (619, 299-426r3 NOTICE OF CONTINUATION OF PUBLIC HEARING TO ADOPT A RESOLUTION OF NECESSITY April 29,1998 Ms. Victoria Femandez P. 0. Box 395 Cardiff by the Sea, CA 92007-0395 REI: Poinsettia Lane Extension Dear Ms. Femandez: On April 14,1998, our fum notified you that the City Council of the City of Carlsbad would hold a public hearing on May 12, 1998, to consider the adoption of a Resolution of Necessity to authorize the condemnation of a portion of your property for the Poinsettia Lane Project. The hearing on this matter has been continued to May 19, 1998, at 6:00 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 of Necessity to authorize the condemnation of your property for the Poinsettia Lane Extension 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 F:bVPDOCS\CRWIRSO\POINSEllIFERNANDE.CNT (04129198 9: 1 Oam) c Page 2 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 fi-om 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: Poinsettia Lane Extension Project May 19,1998 Hearing Date Please feel free to call us should you have any questions. Very truly yours, 9rEz MCKINLEY cc: Ronald Ball David Hauser City Clerk Bill MacFarlane Bruce Bandemer FRANK L. ASARO -. - ASARO KEAGY, FREELAND & MCKINLEY ATTORNEYS AT LAW FRANK L. ASARO FOURTn FLOOR ROSCOC D. KEAGY RICHARD R. FREELAND 3170 FOVRTF-, AVENUE STEVEN A. MCKINLEY* SAN DIEGO. CALIFORNIA 92103 CARL E. SIZEMORE TELEPHONE (6191 297-3170 *ALSO ADMITTED IN NE”AD* FE.CSIMILE 16191 299-x26* NOTICE OF CONTINUATION OF PUBLIC HEARING TO ADOPT A RESOLUTION OF NECESSITY April 29,1998 Mr. and Mrs. Wallace G. Aitchison 5 155 Bob-O-Link Lane Palm Springs, CA 92264-5936 FtE: Poinsettia Lane Extension Dear Mr. and Mrs. Aitchison: On April 14,1998, our firm notified you that the City Council of the City of Carlsbad would hold a public hearing on May 12, 1998, to consider the adoption of a Resolution of Necessity to authorize the condemnation of a portion of your property for the Poinsettia Lane Project. The hearing on this matter has been continued to May 19, 1998, at 6:00 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 of Necessity to authorize the condemnation of your property for the Poinsettia Lane Extension Project. F:\WPDOCS\CRW\RSO\POINSEllMlTCHlSO.CNT (04129198 758am) Page 2 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 f?om 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: Poinsettia Lane Extension Project May 19,1998 Hearing Date Please feel free to call us should you have any questions. Very truly yours, cc: Ronald Ball David Hauser - City Clerk Bill MacFarlane Bill Brunick FRANK L. ASAR6 FRANK L. A5ARO ROSCOE 0. KEAGY RICHARD R. FREELAND STEVEN A. McKINLEY~ CARL E. SIZEMORE *ALSO AOMITTED IN NEVADA ASARO KEAGY, FREELAND & MCKINLEY ATTORNEYS AT LAW FOURTH FLOOR 3170 FOURTH AIVENUE SAN DIECO. CALIFORNIA 92103 TELEPHONE ,619, 297-3170 FACSIMILE ,619, 299-4268 NOTICE OF CONTINUATION OF PUBLIC HEARING TO ADOPT A RESOLUTION OF NECESSITY April 29,1998 Mr. Anthony Badeaux Koll Real Estate Group 4275 Executive Square Suite 240 La Jolla, CA 92037 RE: Poinsettia Lane Extension Dear Mr. Badeaux: On April 14, 1998, our firm notified you that the City Council of the City of Carlsbad would hold a public hearing on May 12, 1998, to consider the adoption of a Resolution of Necessity to authorize the condemnation of a portion of your property for the Poinsettia Lane Project. The hearing on this matter has been continued to May 19,1998, at 6:00 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 of Necessity to authorize the condemnation of your property for the Poinsettia Lane Extension Project. F:\WPDOCS\CRWARSO\POlNSE‘TT\BADEAlX.CNT (04129198 758am) - Page 2 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: Poinsettia Lane Extension Project May 19, 1998 Hearing Date Please feel free to call us should you have any questions. Very truly yours, cc: Ronald Ball David Hauser City Clerk Bill MacFarlane FRANK L. ASARC April 27,1998 Richard R. Freeland Asaro, Keagy, Freeland & McKinley Fourth Floor 3 170 Fourth Avenue San Diego, CA 92103 RE: NOTICE OF PUBLIC HEARING FOR POINSETTIA LANE EXTENSION The City Clerk’s Office received a letter dated April 23, 1998, from Anthony Badeaux of Koll Real Estate Group, regarding the above-referenced public hearing. A copy of the letter is enclosed for your information. Enc. c: Ron Ball, City Attorney Dave Hauser, Asst. City Engineer 1200 Carlsbad Village Drive - Carlsbad, California 92008-l 989 - (760) 434-2808 @ Koll Real Estate Group April 23,1998 City Clerk City of Carlsbad 1200 Carlsbad Village Dr. Carisbad CA 92008 RE: City of Carlsbad, Poinsettia Lane extension Off-site requirement for Carlsbad tract 93-09 Gentlemen; We are in receipt of correspondence regarding the resolution of necessity, right of entry permit and offer to acquire the above referenced right of way. As you know, we are under contract to acquire this property from Dr. Sarkaria on or before May 15, 1998. Consequently, we will be completing negotiations with the City for the acquisition of this right of way. We would like to request that any hearing or other proceedings be delayed until after our acquisition of the property. I look forward to hearing from you. Sincerely, Anthony C. Badeaux Vice President ACB:ra CC: Rich Jamison Dr. Sarkaria Richard R. Freeland Brian Milich David Hauser James Naughton 4275 Executive Square Suite 240 La Jolla, CA 92037 (619) 642-0904 FAX (619) 642-0908 FRANK L. ASARO ROSCOE 0. KEAGY RICHARD R. FREELAND STEVEN A. MCKINLEY* CARL E. SlLEMORE **cso ADMITTED IN NEVADA ASARO KEAGY, FREELAND & MCKINLEY ATTORNEYS AT LAW l=O”RTH FLOOR 3170 FOURTH AVENUE SAN DIECO. CAL1FORNIA 92103 TELEPHONE leEI, +97-3170 FACSIMILE 1619) 299-4266 NOTiCE OF PUBLIC HEARING TO ADOPT A RESOLUTION OF NECESSITY April 14,199s Mr. Anthony Badeaux Koll Real Estate Group 4275 Executive Square Suite 240 La Jolla, CA 92037 RE: Poinsettia Lane Extension Dear Mr. Badeaux: 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 “condemnation” 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 May 12, 1998, at 6:00 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 of Necessity to authorize the condemnation of your property for the Poinsettia Lane Extension Project. F:\WPDOCS\CRW\RSO\POINSETlIBADEAIX.HRG (04/09/98 10:27am) Page 2 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: Poinsettia Lane Extension Project May 12,1998 Hearing Date Please feel free to call us should you have any questions. . Very truly yours, ASARO, KEAGY, FREELAND & MCKINLEY &XARD R. FREELAND cc: Ronald Ball David Hauser City Clerk Bill MacFarlane 2 FRANK L. ASARO ROSCOE 0. KEAGY RICHARO R. FREELAND STEVEN A. MCKINLEY* CARL E. SIZEMORE SAL50 ADMlTTED IN NEVADA ASARO KEAGY, FREELAND & MCKINLEY ATTORNEYS AT LAW FOURTH FLOOR 3170 FOURTH A”ENUE SAN DIEtO. CALIFORNIA 92103 TELEPHONE (619) 297-3170 FACSIMILE (619) 299-4266 NOTICE OF PUBLIC HEARING TO ADOPT A RESOLUTION OF NECESSITY April 14,1998 Mr. and Mrs. Daljit S. Sarkaria P. 0. Box 5766 Orange, CA 92863-5766 REl: Poinsettia Lane Extension Dear Mr. and Mrs. Sarkaria: 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 “condemnation” 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 May 12, 1998, at 6:00 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 of Necessity to authorize the condemnation of your property for the Poinsettia Lane Extension 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 F:\WPDOCS\CRW\RSO\POINSEl-lYSARKARIA.HRG (04/09/98 10:27am) Page 2 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: Poinsettia Lane Extension Project May 12,1998 Hearing Date Please feel free to call us should you have any questions. Very truly yours, ASARO, KEAGY, FREELAND & MCKINLEY pQJ 61‘GJkQ RICHARD R. FREELAND cc: Ronald Ball David Hauser City Clerk Bill MacFarlane FRANK L. ASARO ROSCOE 0. KEAtY RICHARD R. FREELAND STEVEN A. MCKINLEY* CARL E. SIZEMORE **LSO *DMtTTED IN NEVADA ASARO KEAGY, FREELAND & MCKINLEY ATTORNEYS AT LAW FO”RTW FLOOR 3170 FOURTH AVENUE SAN OIECO. CALIFORNIA S.Z.lO3 TELEPl-+ONE ,619, 297-3170 FACS,MILE ,819, 2994268 NOTICE OF PUBLIC HEARING TO ADOPT A RESOLUTION OF NECESSITY April 14,1998 Mr. William Baker Mrs. Donna Marie Baker 18552 Erwin Street Reseda, CA 91335-6820 RE: Poinsettia Lane Extension Dear Mr. and Mrs. Baker: 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 “condemnation” 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 May 12,1998, at 6:00 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 of Necessity to authorize the condemnation of your property for the Poinsettia Lane Extension Project. F:WVPDOCS\CRW\RSO\POlNSElTBAKER.HRG (04/09/98 1052am) Page 2 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: Poinsettia Lane Extension Project May 12,1998 Hearing Date Please feel free to call us should you have any questions. Very truly yours, ASARO, KEAGY, FREELAND & MCKINLEY (y-4 P. EdJ RICHARD R. FREELAND cc: Ronald Ball David Hauser City Clerk Bill MacFarlane Mike Leifer FRANK L. ASARO ROSCOE 0. KEAOY RICnA.=to R. FREELAND STEVEN A. MCKINLEY* CARL E. SIZEMORE -Also ADMlTTED IN NE”AD* ASARO KEAGY, FREELAND & MCKINLEY ATTORNEYS AT LAW FOURTH FLOOR 3170 FOURTH A”ENUE SAN OIEGO. CALIFORNIA 92103 TELEPHONE (619, 297-3170 FACSIMILE (619) 299-4268 NOTICE OF PUBLIC HEARING TO ADOPT A RESOLUTION OF NECESSITY April 14,1998 Mr. and Mrs. Joseph A. Rudvalis 65 17 El Camino Real Carlsbad, CA 92009-2804 l-U2 Poinsettia Lane Extension Dear Mr. and Mrs. Rudvalis: 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 “condemnation” 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 May 12, 1998, at 6:00 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 of Necessity to authorize the condemnation of your property for the Poinsettia Lane Extension Project. F:\WPDOCS\CRW\RSO\POlNSEl-lIRUDVALIS.HRG (04/09/98 10:39am) . .i Page 2 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: Poinsettia Lane Extension Project May 12,1998 Hearing Date Please feel free to call us should you have any questions. Very truly yours, ASARO, KEAGY, FREELAND & MCKINLEY RICHARD R. FREELAND cc: Ronald Ball David Hauser City Clerk Bill MacFarlane Mike Leifer ASARO KEAGY, FREELAND & MCKINLEY ATTORNEYS AT LAW FRANK L. ASARO FOURTH FLOOR ROSCOE 0. KEAGY RICHARD R. FREELANO 3170 FOURTk, A”ENUE STEVEN A. MCKINLEY- SAN DIEGO. CALIFORNIA 92103 CARL E. SIZEMORE TELEPHONE ,819, 297-3170 *ALSO ADMITTED IN NEVAOA FACSlMlLE 16191 299-4288 NOTICE OF PUBLIC HEARING TO ADOPT A RESOLUTION OF NECESSITY April 14,1998 Mr. and Mrs. Wallace G. Aitchison 5 155 Bob-O-Link Lane Palm Springs, CA 92264-5936 RE: Poinsettia Lane Extension Dear Mr. and Mrs. Aitchison: 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 “condemnation” 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 May 12, 1998, at 6:00 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 of Necessity to authorize the condemnation of your property for the Poinsettia Lane Extension Project. F:\WPDOCS\CRWIRSO\POINSEllUilTCHISO.HRG (04/09/98 10:27am) Page 2 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 fkom the date of this letter. Failure to file a written request to appear and be heard in the offlce 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: Poinsettia Lane Extension Project May 12,1998 Hearing Date Please feel free to call us should you have any questions. Very truly yours, ASARO, KEAGY, FREELAND & MCKINLEY - RICHARD R. FREELAND cc: Ronald Ball David Hauser City Clerk Bill MacFarlane ASARO KEAGY, FREELAND & MCKINLEY ATTORNEYS AT LAW FRANK L; ASARO FOURTH FLOOR ROSCOE 0. KEAGY RICHARD I?. FREELANO 3170 FOURTH A”ENUE STEVEN A. MCKINLEY* SAN OIEGO. CALIFORNIA 92103 CARL E. SIZEMORE TELEPHONE (619, 297-3170 *ALSO ADMlTTED ‘N NEVADA FACSIMILE ,619, 299-4268 NOTICE OF PUBLIC HEARING TO ADOPT A RESOLUTION OF NECESSITY April 14,1998 Mr. Norman G. Gallagher, Trustee Ms. Debra L. Gallager Mr. Laird Cameron Cameron Ms. Catherine Ann Cameron 1252 Palma Vista Court Escondido, CA 92025-7570 RE: Poinsettia Lane Extension Ladies and Gentlemen: 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 “condemnation” 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 May 12, 1998, at 6:00 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 Carisbad to consider at that time the adoption of a Resolution of Necessity to authorize the condemnation of your property for the Poinsettia Lane Extension Project. F:\WPDOCS\CRW\RSO\POlNSElTGALLAGHE.HRG (04/09/98 1050am) Page 2 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 @e 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: Poinsettia Lane Extension Project May 12,1998 Hearing Date Please feel free to call us should you have any questions. Very truly yours, ASARO, KEAGY, FREELAND & MCKINLEY RICHARD R. FREELAND cc: Ronald Ball David Hauser City Clerk Bill MacFarlane ASARO KEAGY, FREELAND & MCKINLEY ATTORNEYS AT LAW FRANK L. ASARO FOURTH FLOOR ROSCOE 0. KEACY RICHARD R. FREELANO 3170 FOURTH AVENUE STEVEN A. MCKINLEY’ SAN DIEGO. CALI~=~RNIA 92103 CARL E. SIZEMORE TELEPHONE I619) 297-3170 *ALSO *DMlTrED IN NEVADA FACSlMlLE 16191 299-4268 NOTICE OF PUBLIC HEARING TO ADOPT A RESOLUTION OF NECESSITY April 14,1998 Ms. Victoria Fernandez P. 0. Box 395 Cardiff by the Sea, CA 92007-0395 RIG Poinsettia Lane Extension Dear Ms. Femandez: 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 “condemnation” 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 May 12, 1998, at 6:00 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 of Necessity to authorize the condemnation of your property for the Poinsettia Lane Extension 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 F:\WPDOCS\CRW\RSO\POlNSETnFERNANDE.HRG (04/09/98 10:27am) Page 2 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: Poinsettia Lane Extension Project May 12,1998 Hearing Date Please feel free to call us should you have any questions. Very truly yours, ASARO, ISEAGY, FREELAND & MCKINLEY v fw--d? RICHARD R. FREELAND cc: Ronald Ball DavidHauser City Clerk Bill MacFarlane Bruce Bandemer - ASARO KEAGY, FREELAND & MCKINLEY AT-l-0 RN EYS AT LAW FRANK L. ASARO FOURTH FLOOR ROSCOE D. KEAGY RICHARD R. FREELAND a,-?0 FOURTH AVENUE STEVEN A. MCKINLEY* s*.N DIEGO. CALIFORNIA 92103 CARL E. SIZEMORE TELEPHONE ,619, 297-3170 *ALSO ADMITTED IN NEVADA FACSlMlLE (6191 299-4268 NOTICE OF PUBLIC HEARING TO ADOPT A RESOLUTION OF NECESSITY April 14,1998 Mr. Ernest M. Hidalgo Mrs. Avelina Hidalgo 13422 Penn Street Whittier, CA 90602- 1828 REl: Poinsettia Lane Extension Dear Mr. and Mrs. Hidalgo: 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 “condemnation” 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 May 12, 1998, at 6:00 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 of Necessity to authorize the condemnation of your property for the Poinsettia Lane Extension Project. F:\VVPDOCS\CR’MRSO\POINSEll7HIDALGO.HRG (04/09/98 IO:41 am) Page 2 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: Poinsettia Lane Extension Project May 12,1998 Hearing Date Please feel free to call us should you have any questions. Very truly yours, ASARO, KEAGY, FREELAND & MCKINLEY RICHARD R. FREELAND cc: Ronald Ball David Hauser City Clerk Bill MacFarlane ASARO KEAGY. FREELAND & MCKINLEY ATTORNEYS AT LAW FRANK L. ASARO FOURTH FLOOR ROSCOE 0. KEAGY RICHARD R. FREELAND 3170 l=OURTH AVENUE STEVEN A. MCKINLEY- SAN DIEGO. CALlFORNlA 92103 CARL E. SIZEMORE TELEPHONE (6191 297-3170 *ALSO ADMlTTED IN NEYAOA F*.tSIMILE (619) 299-4168 NOTICE OF PUBLIC HEARING TO ADOPT A RESOLUTION OF NECESSITY April 14,1998 Mr. Ronald L. Roesch 2800 Neilson Way #708 Santa Monica, CA 90405-403 5 REl: Poinsettia Lane Extension Dear Mr. Roesch: 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 “condemnation” 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 May 12, 1998, at 6:00 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 of Necessity to authorize the condemnation of your property for the Poinsettia Lane Extension Project. F:\WPDOCS\CRW\RSO\POINSElTROESCH.HRG (04/09/98 10:40am) Page 2 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: Poinsettia Lane Extension Project May 12,1998 Hearing Date Please feel free to call us should you have any questions. Very truly yours, ASARO, KEAGY, FREELAND & MCKINLEY RICHARD R. FREELAND cc: Ronald Ball David Hauser City Clerk Bill MacFarlane James M. Hicks ASARO, KEAGY, FREELAND & MCKINLEY ROSCOE 0. KLAGY RICHARD R. FREELAND STEVEN A. MCKINLEY. *ALSO ADMITTED IN NEVADA ATTORNEYS AT LAW FOURTH FLOOR 3170 FOUATH AVENUE SAN DIEGO. CALlFORNlA 92103 TELEPHONE (019) .ZQ7-3170 FACSIMILE (61% 2SS-42~8 FRANK L. ASARO OF COUNSEL July 26, 2001 ,“i , r’ Mr. Ronald Ball Carlsbad City Attorney 1200 Carlsbad Village Drive Carlsbad, CA 92008 Re: Dear Ron: City of Carlsbad v. Aitchison Enclosed for your records please find copies of Plaintiff Final Order of Condemnation, Declaration of Richard R. Freeland in Support of Application for Final Order of Condemnation, Judgment in Condemnation, and Final Order of Condemnation. I have forwarded a certified copy of the Final Order of Condemnation to the Office County of San Diego, to be duly recorded. Please feel free to contact me if you have any questions or concerns. Very truly yours, ASARO, KEAGY, FREELAND & MCKINLEY 0 Richard R. Freeland RRF:klllk Enclosures , + 0 . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RONALD BALL, C~~YA~TORNEY Cl-IT OF CARLSBAD 1200 CarIsbad Village Drive Carlsbad, CA 92008 E=iUPT FROM FILING FEES PER GOVT. CODE 5 6103 1 ASARO, KBAGY, FREELAND & MCKINLEY ROSCOE D. KEAGY, SB# 32541 RICHARD R. FREELAND, SB# 64092 3 170 Fourth Avenue, Fourth Floor San Diego, California 92103 g Telephone: (6 19) 297-3 170 Facsimile: (6 19) 299-4268 Attorneys for Plaintiff IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN DIEGO CITY OF CAIUSBAD, Plaints, V. WALLACE G. AITCHISON, et al., Defendants. No. N 7825 l-l j Complaint Filed June 3, 1998 APPLICATION FOR FINAL ) ORDER OF CONDEMNATION 1 Date: 1 July 24, 200 1 Time: 8:30 a.m. 1 Dept.: 24 ) I/C Judge: Hon. Dana M. Sabraw Plaintiffin the above-entitled condemnation proceeding hereby applies to the Court for a Final Order of Condemnation condemning the real property described in said order and vesting title in the subject property to Plaintiff. This application is made pursuant to the provisions of Code of Civ. Proc. $ 1268.030. Interlocutory judgment in condemnation as to the property owners’ interest was entered on July 8, 1999, and the total sums due the property owners pursuant to said interlocutory judgment has been paid. Judgment in condemnation is being tendered herewith. f/i GQmk!CAKLSBiUP&TC HKO\F04p~.wpd 7i’IViOI 8.33 AM Plaintiff requests that the court make a final order of condemnation. The proposed Final Order of Condemnation is tendered herewith. Dated: ti H 7L’) H u 1 ASARO, KEAGY, FREELAND & MCKINLEY By: jC#d) - RICHARDR. FREELAND . Attorneys for Plaintiff CITY OF CARLSBAD 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 RONALD BALL, CITY A~ORNEY CI'ROFCAFUBAD 1200 Carlsbad Village Drive Carlsbad, CA 92008 JZXEMPT FROM FILING FEES PER GOVT. CODE 8 6103 ASARO,KEAGY,FREELAND&MCK~LEY ROSCOE D. KEAGY, SB# 32541 RICHARD R. FREELAND, SB# 64092 3 170 Fourth Avenue, Fourth Floor San Diego, California 92 103 Telephone: (6 19) 297-3 170 Facsimile: (6 19) 299-4268 Attorneys for Plaintiff IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN DIEGO CITY OF CARLSBAD, Plaintiff, V. WALLACE G. AITCHISON, et al., Defendants. 1 No. N 7825 l-l ! Complaint Filed June 3, 1998 1 DECLARATION OFRICHARD > R FREELAND IN SUPPORT 1 OFAPPLICATIONFORFEVAL ORDER OF CONDEMNATION > (Code of Civ. Proc. 9 1268.030) 1 ) Date: July 24,200 1 Time: 8:30 a.m. Dept.: 24 IK Judge: Hon. Dana M. Sabraw I, RICHARD R. FREELAND, declare: 1. I am an attorney at law duly licensed to practice in all courts in the State of California and am a partner in the law firm of ASARO, KEAGY, FREELAND & MCKINLEY, special counsel for the City of Carlsbad in the within matter. ill I// ill (07123/l %47‘w) OECL.\RATlCN OF RICiURD R. FREEL.UD IN SUPPORTOF APPLIC.UlON FOR FMAL ORDER OF CONDEMNA~ON 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 2. On July 8, 1999, this Court entered an interlocutory judgment in the within action. Pursuant to the terms of the stipulated interlocutory judgment, Plaintiff has distributed the total sum of $300,000.00 plus interests and costs to Defendants WALLACE G. AITCHISON and ELIZABETH R, AITCHISON, to satisfy the terms of the interlocutory judgment. All other Defendants have now filed disclaimers in this action. Pursuant to Code of Civ. Proc. $1268.030, Plaintiff is now entitled to a Final Order of Condemnation. 3. 0 n July 20,2001, at 10:00 am., I contacted Rene S. Abraham of Brunick, Alvarez & Battersby, attorneys for Defendant and property owners WALLACE and ELIZABETH AITCHISON, and advised her that I intended to appear exparte to obtain a judgment and a final order of condemnation in this matter. She indicated that she had no opposition to such requests. I declare under penalty of perjury that the foregoing is true and correct to the best of my information and belief. Executed at San Diego, California, this day of July, 200 1? A RICHARD R. FREELAND 2 DECLARATION OF RICHARD R F?.EELA’lD I?I SWPORT OF APPLICXlON FOR FIXAL ORDER OF CONDEMNAXON . . :- : 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 F 0 a C’wr Of ,hn s @ 0 uPworCaUrt D IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN DIEGO CITY OF CARLSBAD, Plaintiff V. WALLACE G. AITCHISON, et al., Defendants. No. N 7825 1-l Complaint Filed: June 3, 1998 1 > JUDGMENT IN > CONDEMNATION j IT APPEARING that the use to which the property sought to be condemned and taken is a public use authorized by law, to wit: the acquisition of property for the construction of the Poinsettia Lane extension/Brigantine Drive Project; that the taking in condemnation is and was necessary for such public use and that said project is planned and located in a manner that will be most compatible with the greatest public good and least private injury; IT FURTHER APPEARING that Defendants WALLACE G. AITCHISON and ELIZABETH R. AITCHISON (“AITCHISON”) were the owners of real property and interests in real property legally described in Plaintiffs Complaint on file herein; and that an interlocutory judgment was filed on July 8, 1999, settling all claims of defendants AITCHISON, including but not limited to just compensation, interest, damages, litigation expenses and costs, in the sum of $300,0~0.00. The interlocutory judgment referenced in this paragraph is incorporated herein by this reference as though fklly set forth. 1 ludgmmt in Condrmnnd@n s II - _- 1 IT FURTHER APPEARING that defendants THUIUO M. SCHINDLER and DORTHEE 2 M. SCHINDLER, trustees of the Schindler Family Trust dated 04/26/90 (Doe l), VICTORIA 3 FERNANDEZ AS TRUSTEE UNDER THE FERNANDEZ FAMILY TRUST DATED APRIL 2 1, 4 1982, (Doe 2), and CARLSBAD PROMENADE (Doe 3), having filed disclaimers disclaiming any 5 right, title or interest in said parcel, said defendants are not entitled to any compensation herein. 6 NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED: 7 1. That Plaintiff take, acquire, and condemn all right, title and interest in the real property 8 situated in the City of La Mesa, County of San Diego, California, and particularly described in the 9 Complaint on file herein. That the condemnation and taking thereof is for the public purposes set 10 forth in the Complaint herein and is a necessary public use. 11 2. Payment having previously been made, said real property and real property interests 12 are condemned to Plaintiff against defendants for the construction of the Poinsettia Lane 13 extension/Brigantine Drive Project. 14 3. Possession having been taken by Plaintiff on July 9,1998, all taxes, penalties and costs 15 which are a lien on said parcel and which are apportioned to that portion of the fiscal year after said 16 date are hereby canceled pursuant to sections 5081 et seq. of the Revenue and Taxation Code. 17 4. That the use to which the subject property is to be applied is a use authorized by law, 18 to wit: the acquisition of property and real property interests for the Poinsettia Lane 19 extension /Brigantine Drive Project is and was a public use, and that the taking in condemnation is 20 and was necessary for such public use and that said project is planned and located in a manner that 21 will be most compatible with the greatest public good and least private injury. 22 5. That Plaintiff take, acquire, condemn and own the interests in said real property 23 referred to and described herein. 28 G.‘!mk’~CAiUSBAD~HISOW~~~d 2 hdgnen: xn Cwdrmmm - , . 1 6. That payment having previously been made, Plaintiff is entitled to a final order of 2 condemnation in the manner provided by law, which final order of condemnation shall describe the 3 property condemned and identify the judgment authorizing the taking. Dated: _3uI 2 4 ’ 2001 MfcfiAEL M. ANELL.n Judge of the Superior Court G.Uank’CARLS&\!nAlTCHIOUudemtHpd 3 ,udq,,ne,,r UL Ccndemnafmn . 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 F C*:Ollh.: I2 “Pwkw Court D D a! 24 2001 By: s. KUSH IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN DIEGO CITY OF CARLSBAD, Plaintifq V. WALLACE G. AITCHISON, et al., Defendants. 1 No. N 78251-l I Complaint Filed: June 3, 1998 I FINAL ORDER OF CONDEMNATION ! Dept.: iid- aP 1 UC Judge: Hon. w 1 1 MCt-iAEL M. ANELCD It appearing to the court that judgment in condemnation has been entered in the above-entitled 200 1, adjudging that Plaintiff is entitled to take by condemnation in the judgment on file herein and more fully described hereafter and in accordance with this judgment, Plaintiff has paid the sum of money due; NOW THEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the real property and real property interests situated in the County of San Diego, State of California, and more particularly described in Exhibit “A” attached hereto and made a part hereof, be condemned to Plaintiff for the purpose of the “Poinsettia Lane Extension/Brigantine Drive Project” in the manner proposed by Plaintiff in fktherance of public and general welfare. //I /If 1 FINAL ORDER OF CONDEhlNAllON 1 IT IS FUKiXER ORDERED, ADJUDGED, AND DECREED that a certified copy of this 2 Order be recorded in the Office of the County Recorder of the County of San Diego, State of 3 California, and thereupon, title to said property described herein shall vest in Plaintiff. 4 Dated: J IJ 1. 2 4 5 Judge of the Superior Court 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 ORDER Of CONDEMNATlON . I I, . EXHIBIT cCA” LEGAL DESCRIPTION AITCHISON PFI. 3.4.314 THE EMTERLY 208 ~3 FE3 OF %E NORTI-iEZlY 208 2/3 FE=, 6EING ONE SQUARE ACRE A++E NORTH&?&T CORNER OF THE NORTHWEST QUARTER OF THE SOUTk!EAST QUARTER OF ~6 SOUTHiVEST 0UARTE.R Of FRACTIONAL SECTION 22, TOWNSHP 12 SOUTH, RANGE d’WEST, SAN 6ERNARDINO MERIDIAN, IN TM CITY OF _ CARlS8AQ COUNN OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITE3 STATES GOVERNMENT SURVEY. JOHN W. HILL, JR. L.S. 5559 HUNSAKER & ASSOClArS s.N DIEGO, INC. ’ F,A,CE 1 CF ! :tA \\F~N~~~.FFING:~~\~c~~ Caan w.ccdAra.ecc wo 19524 41-a EXHIBIT ,-A!!!L.