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.
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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.
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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.
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LOCATION MAP
_--- _----
NOT TO SCALE
PROJECT NAME POINSETTIA LANE EXHIBIT
PROPERTY A CQlJiSlTlON 7 uttJ 1.
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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
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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
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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;
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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
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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
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INDICATES STREET SURVEY MONUMENT STAMPED Z.S. 5894 - PER R OF S 1.3348. ‘,
INDICATES 3f 4 = IRON PIPE M4RKED
4
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-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
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.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
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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
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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.
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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
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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
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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.
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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
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.- -
“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.
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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
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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.
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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
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, ?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
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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
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~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
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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.
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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.
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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
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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
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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
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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
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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
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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
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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.
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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
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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
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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
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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.
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PAGE 12 OF 12
Em-!w4 --/ Lf 0-f 1ry 63
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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
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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
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----- ----_ ---_ ---_ ---_
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ml
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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
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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
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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
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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
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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
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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
. .
:- :
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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
.
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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
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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.