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HomeMy WebLinkAbout2001-12-18; City Council; 16479; Rancho Santa Fe Road Realignment & Widening4B# b, Y7q IIITG. 12/18/01 IEPT. ENG i ,.I CITY OF CARLSBAD - AGENDA BILL d///J TITLE: AGREEMENT WITH MAG PROPERTIES FOR RELEASE OF OWNERSHIP OF REAL PROPERTY IN EXCHANGE FOR DEDICATION OF ROAD, SLOPE AND CONSTRUCTION EASEMENTS FOR RANCH0 SANTA FE ROAD REALIGNMENT AND WIDENING, PROJECT NO. 3190 RECOMMENDED ACTION: Adopt Resolution No. do0 \ - 3 7 7 approving agreement with MAG Properties for release of ownership of real property in exchange for road, slope and construction easements for Ranch0 Santa Fe Road Realignment and Widening, Phase 1, Project No. 3190. ITEM EXPLANATION: In 1987, the City Council made the decision to realign Ranch0 Santa Fe Road from La Costa Avenue to Melrose Drive. In order to accomplish this realignment, it is necessary to acquire additional right-of-way for the realigned road. In exchange for the City of Carlsbad quitclaiming title to two parcels of the existing Ranch0 Santa Fe Road truck by-pass, MAG Properties will dedicate the necessary road, slope and construction easements through their property for the realigned Ranch0 Santa Fe Road across their property. The City of Carlsbad acquired fee title to these two parcels of road right-of-way by way of annexation of a portion of the La Costa area from the County of San Diego. FISCAL IMPACT: There is no fiscal impact to the City of Carlsbad. The value of the parcels of land to be returned to MAG Properties is deemed equal to the value of the easements to be dedicated by MAG Properties for the realigned Ranch0 Santa Fe Road. ENVIRONMENTAL IMPACTS: The City Council, at their meeting on June 2, 1992, passed Resolution No. 92-152 certifying EIR No. 91-1. The City Council, at their meeting on April 25, 2000, passed Resolution No. 2000-128 approving an Addendum to the Final EIR for Ranch0 Santa Fe Road Realignment. This EIR covers the realignment and widening of Ranch0 Santa Fe Road from La Costa Avenue to Melrose Drive. EXHIBITS: 1. 2. _ Location Map. Resolution No. 300 ] - 3’7 7 approving an agreement with MAG Properties for Quitclaim of Fee Ownership of a’ Portion of Existing Ranch0 Santa Fe Road and Dedication of Right-of-Way. 3. Agreement between the City of Carlsbad and MAG Properties for the Quitclaim Fee Ownership of a Portion of Existing Ranch0 Santa Fe Road and Dedication of Right-of-Way. 4. Quitclaim and Reservation of Easement, PR 01-72. 5. Quitclaim and Reservation of Easement, PR 01-l 09 I YLOCATION MAP ROJECT SITE I PROJECT NAME: RANCH0 SANTA FE ROAD, PHASE 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2001-377 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AGREEMENT WITH MAG PROPERTIES FOR QUITCLAIM OF FEE OWNERSHIP OF A PORTION OF EXISTING RANCH0 SANTA FE ROAD AND DEDICATION OF RIGHT-OF-WAY. WHEREAS, the City Council of the City of Carlsbad, California has determined it necessary and in the public interest to approve the agreement with MAG Properties for release of ownership of real property in exchange for road, slope, and construction easements for Ranch0 Santa Fe Road Realignment and Widening, Phase 1, Project No. 3190; and WHEREAS, the City Engineer has determined that retention of public road and public utility easements over the two parcels currently owned in fee by City, shown on Exhibits “A” and “B” attached hereto and made a part hereof, serves the City’s need for use of the parcels for public access and use; and WHEREAS, MAG Properties will dedicate easements for the Ranch0 Santa Fe Road Realignment and Widening in exchange for the City of Carlsbad quitclaiming fee title to the two parcels referenced above; and WHEREAS, the City of Carlsbad and MAG Properties have jointly agreed that the value of the parcels to be quitclaimed to MAG Properties is equal in value to the easements to be dedicated by MAG Properties for the realigned Ranch0 Santa Fe Road. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the agreement between the City of Carlsbad and MAG Properties for the Quitclaim of Fee Ownership of a Portion of Existing Ranch0 Santa Fe Road and Dedication of Right-of-Way is hereby approved and the Mayor is authorized and directed to execute said agreement. 3. That the Mayor is authorized and directed to execute the Quitclaim and Reservation of Easement documents. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. The City Clerk is authorized and directed to forward copies of the signed agreement to MAG Properties. 5. That the City Clerk is directed to record the Quitclaim and Reservation of Easements documents with the County Recorder of San Diego County. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the day of , 2001 by the following vote, to wit: AYES: NOES: ABSENT: CLAUDE A. LEWIS, Mayor ATTEST LORRAINE M. WOOD, City Clerk (SEAL) AGREEMENT BETWEEN THE CITY OF CARLSBAD AND MAG PROPERTIES FOR THE QUITCLAIM OF FEE OWNERSHIP OF A PORTION OF EXISTING RANCH0 SANTA FE ROAD AND DEDICATION OF RIGHT-OF-WAY THIS AGREEMENT, executed the day of . 2001 is by and between the CITY OF CARLSBAD, a municipal corporation, (“Carlsbad”), and MAG PROPERTIES, a California General Partnership (‘MAG”) (collectively The “Parties”). RECITALS WHEREAS, Carlsbad is the owner of two parcels of real property within the existing right-of-way of Ranch0 Santa Fe Road, identified as Parcel 66398A per document recorded February 16, 1967 as file/page 21426 O.R. and Parcel 66399 per document recorded February 16, 1967 as file/page 21427 O.R. as shown on Exhibit “A” attached hereto and made a part hereof; and WHEREAS, MAG is the owner of certain real property adjacent to portions of the existing right-of-way of Ranch0 Santa Fe Road (The “MAG Property”) as shown on Exhibit “A and is the successor in interest to the grantor of the two parcels owned by Cartsbad; and WHEREAS, the MAG Property is traversed by a portion of the proposed realignment and widening of Ranch0 Santa Fe Road; and WHEREAS, Carlsbad desires to acquire dedication of easements for road right-of-way and temporary construction purposes from MAG for construction of the realignment and widening of Ranch0 Santa Fe Road; and WHEREAS, MAG desires to acquire ownership of those portions of the two parcels owned by Carlsbad that would naturally fall within the MAG Property; and WHEREAS, The Parties desire to cooperate in the realignment and widening project for Ranch0 Santa Fe Road. Page 1 of 4 NOW, THEREFORE, in consideration of the above recitals, The Parties do hereby mutually and jointly agree as follows: I. CARLSBAD AGREES TO A. Quit claim, to MAG, its title interest in those portions of the property that are adjacent to the MAG Property as described in Exhibit “B” attached hereto and made a part hereof and shown on Exhibit “c” attached hereto and made a part hereof. B. Reserve an easement for Public Road and Public Utility purposes over those parcels quit claimed to MAG. C. Prepare the Quit Claim document at no cost to MAG. 0. Vacate, or cause to be vacated, the existing Ranch0 Santa Fe Road right-of-way, lying within the MAG Property, when such right-of-way is no longer necessary for City purposes. The City Engineer shall make such decision of need. The vacation process may be accomplished by means of recording a final map over the subject property, as allowed by the Subdivision Map Act, or by means of Carlsbad’s street vacation procedures. II. MAG AGREES TO A. Dedicate, to Carlsbad, easements for Public Road and Public Utility and purposes, along with the right to construct slopes and drainage structures necessary to support the roadway, for the realigned and widened Ranch0 Santa Fe Road and the connector road over the MAG Property as described in Exhibit “D” attached hereto and made a part hereof and shown on Exhibit “E” attached hereto and made a part hereof. B. Dedicate a temporary construction easement adjacent to and contiguous with the public road easements as described in Exhibit “F” attached hereto and made a part hereof and shown on Exhibit “G” attached hereto and made a part hereof. C. Prepare, at its expense, the necessary exhibits for the quitclaim document. Page 2 of 4 Ill. THE PARTIES AGREE That the property Carlsbad releases to MAG through the quitclaim document is considered equivalent in value to the easements MAG shall dedicate for the realigned and widened Ranch0 Santa Fe Road. No additional payment shall be mad by MAG for title to the parcels nor shall MAG receive any other compensation for the dedication of the new right-of-way and temporary construction easements. IV. NOTIFICATION Unless otherwise specifically provided for in this agreement, all notices, demands, or other communications given hereunder will be in writing and will be deemed to have been duly delivered upon personal delivery or as of the second business day after mailing by the United States mail, return receipt requested, postage prepaid and addressed as follows: If to Cartsbad: If to MAG: Public Works Director City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 John C. Mabee MAG Properties 3838 Camino Del Rio N., Suite 222 San Diego, CA 92108 V. MODIFICATIONS This Agreement may not be modified, amended, or otherwise changed unless by an amendment, in writing, executed by both parties. VI. COUNTERPARTS This agreement may be executed by The Parties in separate counterparts, each of which when so executed shall be an original, but all such counterparts shall constitute one and the same instrument. VII. CHOICE OF LAW This Agreement shall be governed by the laws of the State of California and venue shall be proper in the San Diego Superior Court, North County Branch. Page 3 of 4 VIII. SEVERABILITY If one or more clauses, sentences, paragraphs, provision or terms of this Agreement shall be held unlawful, invalid, or unenforceable, it is hereby agreed by the Cities that the remainder of this Agreement shall not be affected thereby. IX. HEADINGS The headings of articles and paragraphs of this Agreement are for convenience only, and no presumption or implication of the intent of the parties as to the construction of this Agreement shall be drawn therefrom. X. COMPLETE AGREEMENT The forgoing constitutes the full and complete agreement of the parties. There are no oral understandings or agreements not set forth in writing herein. IN WITNESS WHEREOF, this Agreement is executed by Carlsbad and MAG pursuant to action taken by the City Council of Carlsbad and the Partners of the MAG Partnership. MAG PROPERTIES, a California General CITY OF CARLSBAD, a Municipal Partnership Corporation Name / Title Date: Claude A. Lewis, Mayor Date: ATTEST: Name / Title Lorraine M. Wood, City Clerk Date: APPROVED AS TO FORM: Ronald R. Ball City Attorney By: City Attorney Page 4 of 4 I.- - 1‘ QUiTM & RRSKRVATION OF lihMM#T ~~~~~- --I 1, -0 I??-*, c l a - CIM’ RIGHT”OF-WAY GRANlED TO ME COUNTY OF SAN DIEGO ON lZZMH?Y 16, 1967 AS . IXE NO. 21426 PARcn 66398-A -RECORDED Flili. is,1967 - FILE/PAGE 212426 0-R. PARCEL 66398-0 PAAcEL 73’ OF FJLE No- 8G-680010 @>: ---- N25.05 ‘22 -W(R)( 12.3Osj. FILE NO, 89-6800-19 I \\\’ w\’ HSJN!SAKER &AS!SOCIATES SAW DlEGq IYC = 0.456 ACRES 7 rwfwcYDu!l- styIc200 (REC) - I?JDlCATES RECORD DATA PER - salxEp%~mm suwilw -mm DOC. REC.12-151!339,AS F/P. ti-wwm 69-660019, OR nts a S-IT. 1 OF 2 SHTS. APPtK!! VlLLAESffLAUElA 23aoKGhRuKl -,cA !42009 (760) 929-2701 FYAT-cnYw- pRaBcT= APN.: CT 99-04 223--eiae7,70 DAvlo W. - LS. 7322 MP. ?2/31/01 PR.07 -72 EXHIBIT “A” / I ‘. MAG PROPERTIES &.WW, H JUJUJ J -~ -._____ /- -I /’ 0 0/ I’ .’ 0 # 0 a PARCEL 66399 RECORDED FEB. 16.1987 F/P 221427 0-R. CrbRv -MM sdh I- “-W --Sam _-- .-- -- F-?- i *FGzzTF A COSTA TOWN CENTER. LLC RYI-7R - Ir 7w-m,-mm 2155 AVE. ENCINAS. STE. 209 1 :ARLSBAD. CA 92008 1 L.S. 7700 EXP. 12/31/04 I 1 DAJ-E 9-12-01 I G-\JOBS\001017\1017P-C.DVG IO-26-01 384314 em EST .NIBIT “A” QUITCLAIM PREPARED By: TIMOTHY 0. CARROLL, JR. 7 XREFS: HRMAPZ EXHIBIT “By’ LEGAL DESCRIPTION QUITCLAIM AND RESERVATION OF EASEMENT PR 01-72 PARCEL “B” THAT PORTION OF PARCEL 66398-A OF GRANT DEED TO THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED ON FEBRUARY 16,1967 AS FILE NO. 21426 OF OFFICIAL RECORDS OF SAID COUNTY, MORE PARTICUlARLY.DESCRlBED AS FOLLOWS: COMMENCING AT A POINT ON THE NORTHERLY BOUNDARY OF PARCEL “A” OF CERTIFICATE OF COMPLIANCE RECORQED ON DECEMBER 75,1989 AS FILE NO. 89 680019 OF OFFICIAL RECORDS, SAID POINT BEING THE NORTHWESTERLY TERMINUS OF THAT CERTAIN COURSE BEING NORTH 41”28’22” WEST, 62.99 FEET AND SHOWN AS (NORTH 41”31’39” WEST, 63.00 FEET- RECORD PER SAID PARCEL .A”), SAID POINT ALSO BEING ON A NON-TANGENT 2400.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL FROM SAID POINT BEARS NoRTH 41”32’41” WEST (NORTH 41”31’39” WEST - RECORD PER SAID PARCEL “A”) ; THENCE SOUTHWESTERLY ALONG SAID CURVE AND THE NORTHERLY BOUNDARY OF SAID PARCEL “A” THROUGH A CENTRAL ANGLE OF 07”35’06” AN ARC DISTANCE OF 317.72 FEET TO A POINT ON THE SOUTHEASTERLY RIGHT-OF-WAY OF SAID PARCEL 66398-A, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; SAID POINT ALSO BEING ON A NON-TANGENT 1230.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL FROM SAID POINT BEARS NORTH 4750’32” WEST (NORTH 47”47’05” WEST - RECORD); THENCE FOLLOWING THE COMMON BOUNDARY OF THE NORTHERLY BOUNDARY OF SAID PARCEL “A” AND THE SOUTHEASTERLY, WESTERLY AND NORTHWESTERLY RIGHT-OF- WAY OF SAID PARCEL 66398-A. SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 22”45’10” AN ARC DISTANCE OF 488.45 FEET; THENCE NORTH 25”03’40” WEST 60.00 FEET TO A POINT ON A NON-TANGENT 1170.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL FROM SAID POINT BEARS NORTH 25’06’27” WEST; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 06”19’31” AN ARC DISTANCE OF 129.16 FEET TO A POINT ON A NON-TANGENT 2400.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL PAGE 1 OF 3 .P”4 ~“.I??cC),.t’),I^--, A”“,.&.H---,^n- c)PCc) CI..:Ldr:-OPl 0 Arm EXHIBIT “By’ FROM SAID POINT BEARS NORTH ZF'38'44" WEST (NORTH 25”35’16”.WEST - RECORD PER SAID PARCEL ‘A”) ; THENCE LEAVING SAID BOUNDARY LINES, NORTHEASTERLY ALONG SAID CURVE, AND THE PROJECTION OF THE NORTHERLY BOUNDARY OF SAID PARCEL vv, THROUGH A CENTRAL ANGLE OF 08ww AN ARC DISTANCE OF 348.26 _ FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 0.456 ACRES, MORE OR LESS. HUNSAKER & ASSOCIATES S&l DIEGO, INC. PAGE 2 OF 3 .PII ,,.lr)?C”%““II^--I .l-^^i-.i^-->^r.” “Cm e..:‘-,-:-nP-* n A- - EXHIBIT “B” - LEOAL DESCRIPTION THAT PORTION OF THE PROPERTY GRANTED TO THE COUNTY OF SAN DIEGO BY GRANT DEED RECORDED FEBRUARY 11, 1967 AS FILE NO. 21427, IN THE CITY OF CARSLBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF THE LAND DESCRIBED AS PARCEL "A" OF CERTIFICATE OF COMPLIANCE RECORDED DECEMBER 15, 1989 AS DOCUMENT NUMBER 89-680019 AND SHOWN ON RECORD OF SURVEY NO. 12915, FILED IN THE OFFICE OF THE COUNTY RECORDER OCTOBER 4, 1990, SAID CORNER BEING A POINT ON THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF SAID GRANT DEED; THENCE, LEAVING SAID SOUTHEASTERLY RIGHT-OF-WAY, NORTH 51°09'57" WEST 60.04 FEET TO THE NORTHWESTERLY RIGHT-OF-WAY LINE OF SAID GRANT DEED; THENCE, ALONG THE NORTHWESTERLY, EASTERLY AND SOUTHWESTERLY RIGHT-OF-WAY LINE OF SAID GRANT DEED, NORTH 36"49'24" EAST 34.67 FEET TO A 1230-FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 39"18'00" AN ARC DISTANCE OF 843.67 FEET; THENCE, RADIAL TO SAID CURVE, SOUTH 13'52'36" EAST 60.00 FEET TO THE BEGINNING OF A NON-TANGENT 1170-FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, THE RADIAL TO SAID CURVE BEARS NORTH 13"52'36" WEST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 39O18'00" AN ARC DISTANCE OF 802.52 FEET; THENCE SOUTH 36"49'24" WEST 36.78 FEET TO THE POINT OF BEGINNING. AREA = 1.18 ACRES TIMOTHY 0. CARROLL, JR LS 7700 EXP. 12/31/04 OCTOBER 26, 2001 J.N.: 001025 Al2 PAGE 3 OF 3 W:\MSOFFICE\WINWORD\001025\PSTREETLGL2.doc I 2.. - QUITCUIM & lZBlZRVA~ON OF - ZCKI 0 200 SIXLE 1” = 200’ RlCHT-OF-WAY c;RAIvTLD To rnE couhw 0F sw w-co ON fEBRW?Y 16, 1967 AS - FEE NO- 21426 PARca 66398-A RECORDEd FEB. 16,1&7 - FILE/PAGE 212426 O.R. 3 ‘13 PARCEL -A’ OF ---- N2SU5’22%$R)(G?30~ FtE b!O, 89-680019 ml PARcn Tim WlNSAKFR ARtX= l.M9 ACRES -*-a .-a Y-. t -\y 0 &AssocIAm~ K7iKa pmz..??- SAY DIEC4 IIC .- kxxd AREA=o.456ACES -0 si e II- : Lj PARCEX -B’ OF FILE No. f39-6800~9 PROPERTIES nwwznlm- kWl2lm (REC) - I~lCAlES FIECORD DATA F’ER BJOLBLHC kDscEqGs2m SaRmlc --ml DOC. REC. 12-157989. AS F/p. NLS ~\~wwW - 89-680019,O.R SHT. 1 OF 2 SHTS. PUT-CjlYoF- isoJEm CT 99-04 223-050-67 ,xl (760) 929-2701 DAViDW.PM8LER tJ%7322 MP. 12/31Ml I PRO1 -72 ‘. MAG PROPERTIES FEB. 16.1967 F/p 221427 Q.R. YlODhbrM u-m se- em -?szz 3 k-- --=- APPLICANT: A COSTA TOWN CEWER. UC i355 AVE. ENCINAS. STE. 209 ;ARLSEtAD, CA 92008 MAG PROPERTIES QUITCLAIM PREPARED By: TIMOW 0. CAFtRO& JR. L.S. 7700 EXP. 12/31/04 I - . SHT. 2 OF 2 SHTS ~p-q 223-050-68, 70 223-060-31, 32 DATE 9-- f 2-o t 7 CAJOBS\001017\1017P-CDYG 10-26-01 543d4 pn EST kREF5: HRMAPZ EXHIBIT “D” MAG PROPERTY RIGHT-OF-WAY EASEMENT PR 01-0007 THAT PORTION OF SECTION 31, TOWNSHIP 12 SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, AS DE- SCRIBED AS PARCEL “A” OF CERTIFICATE OF COMPLIANCE RECORDED DE- CEMBER 15, 1989 AS DOCUMENT NUMBER 89-680019 OF OFFICIAL RECORDS AND LYING SOUTHWESTERLY OF A LINE BEARING NORTH 43’50’51” WEST HAV- ING A DISTANCE OF 1685.03 FEET (NORTH 43’50’00” WEST HAVING A DISTANCE OF 1665.42 FEET RECORD) AS SHOWN ON ROS 12915, FILED IN THE OFFICE OF THE COUNTY RECORDER OCTOBER 4,199O AND THAT PORTION OF LAND AS DESCRIBED IN QUITCLAIM DEED TO MAG PROPERTY RE- CORDED AS FILE NO. OF OFFICIAL RE- CORDS, MORE PARTICULARLY DESCRIBED AS PARCELS A, A-l, B AND C AS FOLLOWS: PARCEL A THAT PORTION OF SAID LAND LYING WITHIN A 126.00 WIDE FOOT STRIP, THE CENTERLINE OF WHICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A 3.5” DIAMETER BRASS DISK IN A 2.5’ X 4’ BOULDER STAMPED “LOMAX” PER R.O.S. 14310 FILED IN THE OFFICE OF THE COUNTY RECORDER SEPTEMBER 9, 1993; THENCE NORTH 79’05’25” WEST 56,764.62 FEET TO A 2.5” DIAMETER ALUMINUM DISK STAMPED “HPGN CA 11 07” SET INSIDE A 6” ALUMI- NUM ACCESS COVER PER ROS 14310; THENCE SOUTH 34’35’23” EAST 21,332.54 FEET TO THE TRUE POINT OF BEGINNING, BEING A WELL MONUMENT AT THE CENTERLINE INTERSECTION OF LA COSTA AVENUE AND RANCH0 SANTA FE ROAD MARKED 166+38.81 AS SHOWN ON IMPROVEMENT PLANS ON FILE AT THE CITY OF CARLSBAD AS DWG. NO. 262-l AND SAID ROS 12915, SAID MONUMENT BEARS NORTH 38’47’37” EAST (NORTH 38’50’03” EAST, RECORD PER ROS 12915) FROM A WELL MONUMENT STAMPED 162+50.73 ALSO AS SHOWN ON SAID IMPROVEMENT PLANS AND SAID ROS 12915; THENCE NORTH 38’47’37” EAST 67.04 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT “A”; THENCE CONTINUING NORTH 38’47’37” EAST 14.49 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT “B”; THENCE CONTINUING NORTH 38’47’37” EAST 64.54 FEET TO THE BEGINNING OF A TANGENT 1,800.OO FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 38’22’41” A DISTANCE OF 1,205.68 FEET TO A POINT HEREINAFTER REFERRED TO AS _ POINT “C”; THENCE CONTINUING NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 5’25’26” A DISTANCE OF 170.40 FEET; THENCE TANGENT TO SAID CURVE NORTH 82’35’44” EAST 253.44 FEET TO THE INTERSECTION WITH THE LINE BEARING NORTH 43°50’51” WEST HAVING A DISTANCE OF 1685.03 FEET (NORTH 43°50’OO” WEST HAVING A DISTANCE OF 1685.42 FEET RECORD) AS SHOWN ON SAID ROS 12915. lOF3 F.\WlNilAl-A\ ~I-IRC\IIQ~~~~\MAC C QF8,t-l PI&l IZCllT IlAP THE SOUTHERLY TERMINUS OF THE WESTERLY SIDELINE OF SAID 126.00 FOOT WIDE STRIP TO BE PROLONGED OR SHORTENED SO AS TO TERMINATE SOUTHWESTERLY IN THE NORTHWESTERLY LINE OF PARCEL ‘A” OF SAID CERTIFICATE OF COMPLIANCE AND SHOWN ON SAID ROS 12915, THE SOUTH- ERLY TERMINUS OF THE EASTERLY SIDELINE OF SAID 126.00 FOOT WIDE STRIP TO BE PROLONGED OR SHORTENED SO AS TO TERMINATE SOUTH- WESTERLY IN THE SOUTHWESTERLY BOUNDARY OF PARCEL “A” OF SAID CERTIFICATE OF COMPLIANCE AND SHOWN ON SAID ROS 12915. THE NORTH- ERLY SIDELINES OF SAID 126.00 FOOT WIDE STRIP TO TERMINATE NORTHEASTERLY IN THE LINE BEARING NORTH 43’50’51” WEST HAVING A DIS- TANCE OF 1685.03 FEET (NORTH 43°50’OO” WEST HAVING A DISTANCE OF 1685.42 FEET RECORD) AS SHOWN ON ROS 12915. EXCEPTING THEREFROM THAT PORTION OF SAID 126.00 FOOT WIDE STRIP LY- ING WITHIN MAP 7950, FILED IN THE OFFICE OF THE COUNTY RECORDER JUNE 3, 1974. TOGETHER WITH THAT PORTION OF SAID LAND AS DESCRIBED AS FOLLOWS: PARCEL A-l BEGINNING AT POINT “A” AS DESCRIBED ABOVE; THENCE SOUTH 51°12’23” EAST 63.00 FEET TO A POINT IN THE EASTERLY LINE OF THE ABOVE DE- SCRIBED 126.00 FOOT WIDE STRIP, SAID POINT BEING THE BEGINNING OF A 25.00 FOOT RADIUS CURVE CONCAVE EASTERLY, A RADIAL LINE TO SAID CURVE BEARS NORTH 51’12’23” WEST, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90°00’OO” A DISTANCE OF 39.27 FEET; THENCE TANGENT TO SAID CURVE SOUTH 51’12’23” EAST 1.71 FEET; THENCE AT RIGHT ANGLES SOUTH 38’47’37” WEST 42.07 FEET TO A POINT ON THE SOUTHWESTERLY BOUNDARY OF SAID PARCEL OF IAND DESCRIBED AS PAR- CEL “A” OF SAID CERTIFICATE OF COMPLIANCE AND SHOWN ON SAID ROS 12915; THENCE ALONG SAID SOUTHWESTERLY BOUNDARY NORTH 51°11’08”WEST (NORTH 51’09’57” WEST RECORD PER ROS 12915) 26.71 FEET TO THE SOUTHEASTERLY LINE OF THE ABOVE DESCRIBED 126.00 FOOT WIDE STRIP; THENCE NORTHEASTERLY ALONG SAID SOUTHEASTERLY LINE NORTH 38°47137n EAST 67.06 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 4.826 ACRES MORE OR LESS IN PARCELS A AND A-l PARCEL B THAT PORTION OF SAID LAND LYING WITHIN PARCEL “A” OF SAID CERTIFICATE - OF COMPLIANCE AND WITHIN A 20.00 WIDE FOOT STRIP, THE CENTERLINE OF WHICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT POINT “B” AS DESCRIBED IN PARCEL A ABOVE THENCE SOUTH 51’12’24” EAST 63.00 FEET TO THE EASTERLY LINE OF THE 126.00 FOOT WIDE PARCEL A AND THE TRUE POINT OF BEGINNING, THENCE CONTINUING SOUTH 51’12’24” EAST 260.35 FEET TO THE TERMINUS OF THIS PARCEL. 2OF3 F~\WINtlATA\.I~RS\4 lWVJ-l\MAC S Rl=\Ill RW FSMT I%%-. t3 THE SIDELINES OF SAID 20.00 FOOT WIDE STRIP TO BE PROLONGED OR SHORTENED SO AS TO TERMINATE NORTHWESTERLY IN THE SOUTHEAST- ERLY BOUNDARY OF THE ABOVE DESCRIBED 126.00 FOOT WIDE PARCEL A. CONTAINING 0.120 ACRES MORE OR L&S PARCEL C THAT PORTION OF SAID LAND LYING WITHIN PARCEL “A” OF SAID CERTIFICATE ‘. OF COMPLIANCE AND WITHIN A STRIP OF MND MORE PARTICULARLY DE- SCRIBED AS FOLLOWS: BEGINNING AT POINT ‘C” AS DESCRIBED IN PARCEL A ABOVE THENCE SOUTH 12’49’43” EAST 63.00 FEET TO A POINT IN THE SOUTHERLY LINE OF THE 126.00 FOOT WIDE PARCEL A AND THE TRUE POINT OF BEGINNING OF A 20.00 FOOT WIDE STRIP OF LAND, THE CENTERLINE OF WHICH IS AS FOLLOWS: THENCE CONTINUING SOUTH 12’49*43” EAST 31 .OO FEET; THENCE SOUTH 34’18’25 EAST 201.44 FEET TO THE POINT OF TERMINUS OF SAID 20.00 FOOT WIDE STRIP, SAID POINT BEING ALSO THE BEGINNING OF A 220.00 FOOT WIDE STRIP OF LAND, THE SIDELINES OF SAID 220.00 FOOT WIDE STRIP SHALL BE 100.00 FEET RIGHT AND 120.00 FEET LEFT, MEASURED AT RIGHT ANGLES, RESPEC- TIVELY, FROM THE FOLLOWING DESCRIBED LINE: THENCE CONTINUING SOUTH 34’18’25” EAST 176.00 FEET TO THE TERMINUS OF THIS PARCEL. THE SIDELINES OF SAID 20.00 FOOT WIDE STRIP TO BE PROLONGED OR SHORTENED SO AS TO TERMINATE NORTHERLY IN THE SOUTH.ERLY BOUND- ARY OF THE ABOVE DESCRIBED 126.00 FOOT PARCEL A. CONTAINING 0.996 ACRES MORE OR LESS THE BEARINGS AND DISTANCES SHOWN HEREON ARE GRID, BASED ON THE CALIFORNIA COORDINATE SYSTEM, ZONE 6, NAD 63. TO OBTAIN GROUND DISTANCES, DIVIDE THE GRID DISTANCE BY THE APPRO- PRIATE COMBINATION FACTOR. THE COMBINATION FACTOR AT STATION “SM138” IS 0.999941843 (SEE ROS 13928 FOR LOCATION). L.S. No. 4593 MY LICENSE EXPIRk: g-30-02 3OF3 F:\WIN~~ATA\.II-IAS\~~AA~-I\MAG S RFVn RW FSMT nncl THE BEARINGS AND DISTANCES SHOWN HEREON ARE GRID, BASED ON THE CALIFORNIA COORDINATE SYSTEM, ZONE 6, NAD 83. TO OBTAlN GROUND DISTANCES, DIVIDE THE GRID DISTANCE BY THE APPROPRIATE COMBINATION FACTOR. THE COMBINATION FACTOR AT STATION “SM138” IS 0.999941843 (SEE ROS 13928 FOR LOCATION). LEGENR? [ZJ E lml flcEl 0 1 0 1 A (RI TPOB l INDICATES PARCEL A ROAD EASEMENT INDICATES PARCEL A-l ROAD EASEMENT INDICATES PARCEL B ROAD EASEMENT INDICATES PARCEL C ROAD EASEMENT INDICATES EXISTING EASEMENT (SEE EASEMENT NOTES FOR DESCRIPTION) I’$l~;‘LE;‘ORTlON OF LAND QUlTCLbJMED PER DEED . ---------- O.R., RECORDED --------- WELL MONUMENT PER CITY OF CARLSBAD DWG. NO. 262-l RADIAL TRUE POINT OF BEGINNING FOUND MONUMENT, AS NOTED 932m4-Ol.dw DATE t ID-0541 IW. 0; 11932-l 1 DRFT: MC 1 CHK’D BYI MS Ht- LInTVCDT, fYhCOLL l lvL EHcNEEmffi B ASSOCIRTTS muNo SIRMYlNc a737 conk0 Ddk souh. wta zoo. !h ckw. CA szm mws9)2900-3100 l Ca0mnso-mm 1 EASEMENT 1. 60’EASEMENT AND RIGHT OF WAY GRANTED TO THE COUNTY OF SAN DIEGO RECORDED JANUARY 21,193O IN BOOK 1737, PAGE 4 OF DEEDS. 4. 30’EASEMENT GRANTED TO OLIVENHAJN MUNICIPAL WATER DISTRICT RECORDED JULY 3,1972 AS FILE NO. 170416 OF O.R. 5. AN EASEMENT GRANTED TO SAN DIEGO COUNTY FLOOD CONTROL DISTRICT ZONE 1 RECORDED MAY 15, 1974 AS FILE NO. 74-126872 OF O.R. 6, AN EASEMENT GRANTED TO SAN DIEGO COUNTY FLOOD CONTROL DISTRICT ZONE 1 RECORDED JANUARY 13, 1977 AS FILE NO. 77-014212 OF 0-R. 7. AN EASEMENT GRANTED TO THE CITY OF CARLSBAD RECORDED JULY 14,1977 AS FILE NO. 77-281161 OF O.R. 9. 10’ PUBLtC UTILITY AND TREE PLANTING EASEMENT DEDICATED ON MAP 7950. 10. A ROAD EASEMENT GRANTED TO THE CITY OF CARLSBAD RECORDED _--------- AS -_---- O.R. SHEET LAYOUT \ NO SCALE / RANCH0 SANTA. FE ROAD PLAT FOR ROAD EASEMENT MAG PROPERTY c5 05"01'23" 1230.00' 107.83' C6 18”25’19” 1230.00' 395.48’. c7 07’19’58” 1480.00' 189.41’ 1 C8 ~9O”OO’OO” 1 25.00' 1 39.27’ I NUMBER BEARING DISTANCE Ll N 38"47'37" E - L2 N 38"47'37" E 67.04' L3 N 38'47'37" E 64.54' L4 N 82"35'44" E 253.44' L5 N 38"47'37" E 14.49’ L6 N 38"47'37" E 14.49’ L7 N lO"11'28" W 408.75' L8 N 51"11'08" W 52.62' L9 N 36"48'13" E 36.78' LlO N 38"47'37" E 42.07' Lll N 38'47'37" E 64.54' L12 N 38”41’18” E 31.82' L13 N 46"10'14" E 185.67' L18 N 38"'47'37" E 67.06’ L19 N 51"11'08" W 63.00' L25 N 12”49’43” W 31.00' L26 N 34"18'25" W 201.44' L27 N 34"18'25" W 176.00' L28 N 43"50'51" W 1685.03' 1 932mS-02.dgn I RANCH0 SANTA FE ROAD PLAT FOR ROAD EASEMENT IlAr? De)nDCDTY i I I I * Y, I I I I LL - om -ii PET All “A” M-I crl Al F 223-060-32 PARCEL A CERTIFICATE OF COMPLIANCE 89-680019 PARCEL A TIE DETAL /7 SEE DETAIL “A” rPARCEL B c-l 7 NO SCALE ,I/’ //’ S,E! E T’E DETAJL* noWE 32m4-03.dqn Well Mon. Sta. 162+50.73 SCALE: 1” = 200’ RANCH0 SANTA FE ROAD PLAT FOR ROAD EASEMENT MAG PRDPFRTY EXHIBIT “F” MAG PROPERTY TEMPORARY CONSTRUCTION EASEMENT PR 01-0008 THAT PORTION OF SECTION 31, TOWNSHIP 12 SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, AS DE- SCRIBED AS PARCEL “A” OF CERTIFICATE OF COMPLIANCE RECORDED DE- CEMBER 15, 1989 AS DOCUMENT NUMBER 89-680019 OF OFFICIAL RECORDS AND LYING SOUTHWESTERLY OF A LINE BEARING NORTH 43°50’51” WEST HAV- ING A DISTANCE OF 1685.03 FEET (NORTH 43°50’OO” WEST HAVING A DISTANCE OF 1685.42 FEET RECORD) AS SHOWN ON ROS 12915, FILED IN THE OFFICE OF THE COUNTY RECORDER OCTOBER 4, 1990, AND THAT PORTION OF LAND AS DESCRIBED IN QUITCLAIM DEED TO MAG PROPERTY RE- CORDED AS FILE NO. OF OFFICIAL RECORDS, SAID ABOVE LAND LYING WITHIN A 600.00 FOOT WIDE STRIP, THE CENTERLINE OF WHICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A 3.5” DIAMETER BRASS DISK IN A 2.5’ X 4’ BOULDER STAMPED “LOMAX” PER R.O.S. 14310 FILED IN THE OFFICE OF THE COUNTY RECORDER SEPTEMBER 9, 1993; THENCE NORTH 79’05’25” WEST 56,764.62 FEET TO A 2.5” DIAMETER ALUMINUM DISK SET INSIDE A 6” ALUMINUM ACCESS COVER STAMPED “HPGN CA 11 07” PER ROS 14310; THENCE SOUTH 34’35’23” EAST 21,332.54 FEET TO THE TRUE POINT OF BEGINNING, BEING A WELL MONUMENT AT THE CENTERLINE INTERSECTION OF LA COSTA AVENUE AND RANCH0 SANTA FE ROAD MARKED 166+38.81 AS SHOWN ON IMPROVEMENT PLANS ON FILE AT THE CITY OF CARLSBAD AS DWG. NO. 262-l AND SAID ROS 12915, SAID MONUMENT BEARS NORTH 38’47’37” EAST (NORTH 38°50’03” EAST, RECORD PER ROS 12915) FROM A WELL MONUMENT STAMPED 162+50.73 ALSO AS SHOWN ON SAID IMPROVEMENT PLANS AND SAID ROS 12915; THENCE CON- TINUING NORTH 38’47’37” EAST 146.07 FEET TO THE BEGINNING OF A TAN- GENT 1,800.OO FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL AN- GLE OF 43’48’07” A DISTANCE OF 1,376.08 FEET; THENCE TANGENT TO SAID CURVE NORTH 82’35’44” EAST 253.44 FEET TO THE INTERSECTION WITH THE LINE BEARING NORTH 43’50’51” WEST HAVING A DISTANCE OF 1685.03 FEET (NORTH 43°50’OO” WEST HAVING A DISTANCE OF 1685.42 FEET RECORD) AS SHOWN ON SAID ROS 12915 BEING THE TERMINUS OF THIS 600.00 FOOT WIDE STRIP. THE SIDELINES OF SAID 600.00 FOOT WIDE STRIP TO BE PROLONGED OR SHORTENED SO AS TO TERMINATE NORTHEASTERLY IN THE LINE BEARING NORTH 43’50’51” WEST HAVING A DISTANCE OF 1685.03 FEET (NORTH 43°50’OO” WEST HAVING A DISTANCE OF 1685.42 FEET RECORD) AS SHOWN ON ROS 12915 AND SOUTHWESTERLY IN THE SOUTHWESTERLY BOUNDARY OF SAID PARCEL OF LAND DESCRIBED AS PARCEL “A” OF SAID CERTIFICATE OF COMPLIANCE AND SHOWN ON SAID ROS 12915. 1 OF2 EXCEPTING THEREFROM THAT PORTION OF SAID 600.00 FOOT WIDE STRIP LY- ING WITHIN MAP 7950, FILED IN THE OFFICE OF THE COUNTY RECORDER JUNE 3, 1974. CONTAINING 17.275 ACRES MORE OR ‘LESS THE BEARINGS AND DISTANCES SHOWN HEREON ARE GRID, BASED ON THE CALIFORNIA COORDINATE SYSTEM, ZONE 6, NAD 83. TO OBTAIN GROUND DISTANCES, DIVIDE THE GRID DISTANCE BY THE APPRO- PRIATE COMBINATION FACTOR. THE COMBINATION FACTOR AT STATION “SM138” IS 0.999941843 (SEE ROS 13928 FOR LOCATION). /4-5-d/ GARY A. LINTVEDT, L.S. No. 4593 MY LICENSE EXPIRES: g-30-02 2OF2 r- THE BEARINGS AND DISTANCES SHOWN HEREON ARE GRID, BASED ON THE CALIFORNIA COORDINATE SYSTEM, ZONE 6, NAD 83. TO OBTAIN GROUND DISTANCES, DIVIDE THE GRID DISTANCE BY THE APPROPRIATE COMBINATION FACTOR. THE COMBINATION FACTOR AT STATION “SM138” IS 0.999941843 (SEE ROS 13928 FOR LOCATION). zzl r;;;;;; TEMPORARY CONSTRLkTlON 3 1 INDICATES EXISTING EASEMENT (SEE EASEMENT NOTES FOR DESCRIPTION) 3 1 INDICATES PORTION OF LAND QUITCLAIMED PER OEED AS FILE NO. -- ___a -___ O.R., RECORDED --------- A WELL MONUMENT PER CITY OF CARLSBAD DWG. NO. 262-1 (RI RADIAL TPOB TRUE POINT OF BEGINNING 0 FOUNO MONUMENT, AS NOTED P32m2-O?.dgn 3ATE : x)-05-01 IW. 0. 11932-l 1 DRFT: MC 1 CHK’D BY: MS LIf-lTVfDT. fk(c>LL l en -- 4 ASSOCIRTCS.-mew RANCH0 SANTA FE ROAD PLAT FOR TEMPORARY CONSTRUCTION EASEMENT UhC PRnPFRfY 1. GO’EASEMENT AND RIGHT OF WAY GRANTED TO THE COUNTY OF SAN DIEGO RECORDED JANUARY 21.1930 IN BOOK 1737, PAGE 4 OF DEEDS. 4. 30’EASEMENT GRANTED TO OLlVENHAlN MUNICIPAL WATER DISTRICT RECORDED JULY 3,1972 AS FILE NO. 170416 OF O.R. 5. AN EASEMENT GRANTED TO SAN DIEGO COUNTY FLOOD CONTROL DISTRICT ZONE 1 RECORDED MA\i 15. 1974 AS FILE NO. 74-126972 OF O.R. 6. AN EASEMENT GRANTED TO SAN DIEGO COUNTY FLOOD CONTROL DISTRICT ZONE 1 RECORDED JANUARY 13, 1977 AS FILE NO. 77-014212 OF O.R. 7. AN EASEMENT GRANTED TO THE CITY OF CARLSBAD RECORDED JULY 14, 1977 AS FILE NO. 77-281161 OF O.R. 9. 10’ PUBLIC UTILITY AND TREE PLANTING EASEMENT DEDICATED ON MAP 7950. 10. A ROAD EASEMENT GRANTED TO THE CITY OF CARLSBAD RECORDED --___----_ AS _____ O.R. SHEET LAYOUT NO SCALE ; -NUMBER DELTA ANGLE RADIUS ARC LENGTH ~1 I-C5 107”19’58” 11480.001 189.41’ 1 NUMBER BEARING DISTANCE L1 N 38”47’37” E - L7 N 38”41’18” E 31.82’ L8 N 46”10’14” E 185.67’ L9 N 46”10’14” E 871.94’ LIO N 43”50’51” W 1685.03’ 932m2-02.dan RANCH0 SANTA FE ROAD PLAT FOR TEMPORARY CONSTRUCTION EASEMENT UAf-2 DDnDCRTV Well Mon. Sta. 166+38.81/ Well Mon. Sto. l~C!Zl$/4 1 TIE DETAJL NO SCALE 223-060-32 i I 1’ I I PARCEL A I- ! i I!; 1 i aY-bt5uu IY -v IL 1; ; i CERTIFICATE OF COMPLIANCE F.a 1mmmae. /’ //’ /’ I’ MM 00 X52m2-03.dan SCALE: 1 N = 200’ RANCH0 SANTA .FE ROAD PLAT FOR TEMPORARY CONSTRUCTION EASEMENT .AAC DDnDFRT’f PROJECT NO. EX,,lRlT ‘l--4 - 3190 LLG” : I f% 01-0006 SHT.3 OF; -’ RECORDING REQUESTED BY AND WHEN RECORDED, PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 MAIL TAX STATEMENTS TO: -” (k i/’ , ‘: ‘ ,;, -.I-. LI)-- Space above this line for Recorder’s Use. The undersigned grantor(s) declare(s): Documentary transfer tax is $ 00.0 ( ) 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 FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged. Assessor’s Parcel No. 223-050-70-00 Project No. & Name CT 99-04 Villages of La Costa, The Oaks PR 01-72 CITY OF CARLSBAD Robert Wojcik QUITCLAIM DEED AND RESERVATION OF EASEMENT CITY OF CARLSBAD, a Municipal Corporation, organized under the laws of, the State of California, for a valuable consideration receipt of which is hereby acknowledged, does hereby remise, release and quitclaim to MAG Properties, a California General Partnership, all right and title in the property described in Exhibits “A” & “B”, consisting of three pages, which are attached hereto and made a part hereof (the “Property”), while reserving unto the City of Carlsbad, and its successors in interest, an easement for PUBLIC STREET AND PUBLIC UTILITY PURPOSES over, under and across the Property. Executed on 20 , at Carlsbad, California I CITY OF CARLSBAD a Municipal Corporation, BY CLAUDE A. LEWIS, Mayor ATTEST: LORRAINE M. WOOD, City Clerk APPROVED AS TO FORM: RONALD R. BALL, CITY ATTORNEY BY (Notarial acknowledgement of execution of Grantor must be attached.) State of California County of I On before me, personally appeared 0 personally known to me -OR- Cl 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. (This area for official notary seal.) SIGNATURE OF NOTARY Title or Type of Document Date of Document Signer(s) other than named above No. of Pages CMWD EXHIBIT “A” LEGAL DESCRIPTION QUITCLAIM AND RESERVATION OF EASEMENT PR 01-72 PARCEL “6” THAT PORTION OF PARCEL 66398-A OF GRANT DEED TO THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED ON FEBRUARY 16,1967 AS FILE NO. 21426 OF OFFICIAL RECORDS OF SAID COUNTY, MORE PARTICULARLY.DESCRlBED AS FOLLOWS: COMMENCING AT A POINT ON THE NORTHERLY BOUNDARY OF PARCEL “A” OF CERTIFICATE OF COMPLIANCE RECORDED ON DECEMBER 15,1989 AS FILE NO. 89- 680019 OF OFFICIAL RECORDS, SAID POINT BEING THE NORTHWESTERLY TERMINUS OF THAT CERTAIN COURSE BEING NORTH 41’=28’22” WEST, 62.99 FEET AND SHOWN AS (NORTH 41”31’39” WEST, 63.00 FEET- RECORD PER SAID PARCEL “A”), SAID POINT ALSO BEING ON A NON-TANGENT 2400.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL FROM SAID POINT BEARS NORTH 41”32’41” WEST (NORTH 41”31’39” WEST - RECORD PER SAID PARCEL “A”) ; THENCE SOUTHWESTERLY ALONG SAID CURVE AND THE NORTHERLY BOUNDARY OF SAID PARCEL ‘A” THROUGH A CENTRAL ANGLE OF 07”35’06” AN ARC DISTANCE OF 317.72 FEET TO A POINT ON THE SOUTHEASTERLY RIGHT-OF-WAY OF SAID PARCEL 66398-A, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; SAID POINT ALSO BEING ON A NON-TANGENT 1230.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL FROM SAID POINT BEARS NORTH 47”50’32” WEST (NORTH 47”47’05” WEST - RECORD); THENCE FOLLOWING THE COMMON BOUNDARY OF THE NORTHERLY BOUNDARY OF SAID PARCEL ‘A” AND THE SOUTHEASTERLY, WESTERLY AND NORTHWESTERLY RIGHT-OF- WAY OF SAID PARCEL 66398-A, SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 22’45’10” AN ARC DISTANCE OF 488.45 FEET; THENCE NORTH 25”03’40” WEST 60.00 FEET TO A POINT ON A NON-TANGENT 1170.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL FROM SAID POINT BEARS NORTH 25”05’27” WEST; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 06”19’31” AN ARC DISTANCE OF 129.16 FEETTO A POINT ON A NON-TANGENT 2400.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADlAL PAGE 1 OF 2 .GM M:\2352\12\leoal descrichns\a02 - RSFR tX~itr.laimPCI -R dnr: FROM SAID PdlNT BEARS NORTH 25”38’44” WEST (NORTH 25’35’16” WEST - RECORD PER SAID PARCEL “A”) ; THENCE LEAVING SAID BOUNDARY LINES, NORTHEASTERLY ALONG SAID CURVE, AND THE PROJECTION OF THE NORTHERLY BOUNDARY OF SAID PARCEL GA”, THROUGH A CENTRAL ANGLE OF 08018’51 w AN ARC DISTANCE OF 348.26 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 0.456 ACRES, MORE OR LESS. HUNSAKER &ASSOCIATES SAN DIEGO, INC. PAGE 2 OF 2 :GM M:\2352\12\le~al descriptions\a02 - RSFR QuitclaimPCL-El.doc 1. QUITCLAIM & RESERVATION OF EASEMENT I I 200 0 200 400 600 RIGHT-OF- WAY GRANTED TO THE COUNTY OF SAN DIEGO ON FEBRUARY 16, 7 967 AS FILE NO. 21426 PARCEL 66398-A I PARCEL '8' OF FILE No. 6G-68OOW I ‘1, ---- N25'05'22?V(R)(1230') PARCEL 'A" OF FILE No, Al'Bb ‘\ \\\A1 \ T HUNSAKER & ASSOCIATES SAN DIECO, INC llml PARCEL ‘3” AREA = 1.729 ACRES PARCEL “B” c Cmff- m ARE4 = 0.456 ACRES PLANNING lOW themekens St. Suite 200 ENGINEERING San DiiRh Ca 92’121 SURVEYING ~858)558-4YJO~ FX(858)5S&l414 R\lwf \afap\w RsFmdwg (REC) - INDICATES RECORD DATA PER DOC. REC. 12-15-1989, AS F/P. \ijlClNlN MAF N.T.S 89-680019, OR. SHEET 1 OF 1 APPLICANTI VIUAGES OF LA COSTA 2300 ALGA ROAD CARLSBAD, CA 92009 I-Len\ no.3 n7*. PUT - C/R OF CARLSBAD “REPARED BY: PROJECT: CT 99-04 DAVID W. AMBLER L.S. 7322 -.,n a^,^. ,F.. m3nj- 7r) A.P.N.: 223-050-67,70 T?XHTRTT “R” 5’\ L’ g /!+ /’ 1. .:I y+ “^‘ -.’ RECORDING REQUESTED BY AND WHEN RECORDED, PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 MAIL TAX STATEMENTS TO: Space above this line for Recorder’s Use. The undersigned grantor(s) declare(s): Documentary transfer tax is $ 00.0 ( ) 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 FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged. Assessor’s Parcel No. 223-060-31-00 and 223-060-32-00 Project No. & Name CT 01-09 MAG Properties PR 01-109 CITY OF CARLSBAD Robert Wojcik QUITCLAIM DEED AND RESERVATION OF EASEMENT CITY OF CARLSBAD, a Municipal Corporation, organized under the laws of the State of California, for a valuable consideration receipt of which is hereby acknowledged, does hereby remise, release and quitclaim to MAG Properties, a California General Partnership, all right and title in the property described in Exhibits “A” & “B”, consisting of three pages, which are attached hereto and made a part hereof (the “Property”), while reserving unto the City of Carlsbad. and its successors in interest, an easement for PUBLIC STREET AND PUBLIC UTILITY PURPOSES over, under and across the Property. Executed on 20 , at Cartsbad, California CITY OF CARLSBAD a Municipal Corporation, BY CLAUDE A. LEWIS, Mayor ATTEST: LORRAINE M. WOOD, City Clerk APPROVED AS TO FORM: RONALD R. BALL, CITY ATTORNEY BY (Notarial acknowledgement of execution of Grantor must be attached.) Cilv Attomev Aooroved Version 09.06.01 32 State of California County of On before me, personally appeared 0 personally known to me -OR- Cl 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. (This area for official notary seal.) SIGNATURE OF NOTARY Title or Type of Document Date of Document Signer(s) other than named above No. of Pages CMWD Citv A,,~~PY Annmvd Version 09 06 “1 EXHIBIT 'A' LEGAL DESCRIPTION THAT PORTION OF THE PROPERTY GRANTED TO THE COUNTY OF SAN DIEGO BY GRANT DEED RECORDED FEBRUARY 16, 1967 AS FILE NO. 21427, IN THE CITY OF CARSLBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF THE LAND DESCRIBED AS PARCEL "A" OF CERTIFICATE OF COMPLIANCE RECORDED DECEMBER 15, 1989 AS DOCUMENT NUMBER 89-680019 AND SHOWN ON RECORD OF SURVEY NO. 12915, FILED IN THE OFFICE OF THE COUNTY RECORDER OCTOBER 4, 1990, SAID CORNER BEING A POINT ON THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF SAID GRANT DEED; THENCE, LEAVING SAID SOUTHEASTERLY RIGHT-OF-WAY, NORTH 51°09'57" WEST 60.04 FEET TO THE NORTHWESTERLY RIGHT-OF-WAY LINE OF SAID GRANT DEED; THENCE, ALONG THE NORTHWESTERLY, EASTERLY AND SOUTHWESTERLY RIGHT-OF-WAY LINE OF SAID GRANT DEED, NORTH 36"49'24" EAST 34.67 FEET TO A 1230-FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 39"18'00" AN ARC DISTANCE OF 843.67 FEET; THENCE, RADIAL TO SAID CURVE, SOUTH 13'52'36" EAST 60.00 FEET TO THE BEGINNING OF A NON-TANGENT 1170-FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, THE RADIAL TO SAID CURVE BEARS NORTH 13O52'36" WEST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 39°18'OO" AN ARC DISTANCE OF 802.52 FEET; THENCE SOUTH 36'49'24" WEST 36.78 FEET TO THE POINT OF BEGINNING. AREA = 1.18 ACRES TIMOTHY 0. CARROLL, 'JR LS 7700 EXP. 12/31/04 OCTOBER 26, 2001 J.N.: 001025 Al2 PAGE 1 OF 1 SCALE: 1" = 200' 5900 P.ltcy. M cinl Engh”rlnp wt. 100 Phninq cs*bod, Fddomh PZml Proccssslnp ,w-OJV-nw S”w+q ton: x4-sol-.wdo rr..odoymwAlonb ca 4PPLICANT: A COSTA TOWN CENTER, LLC 5355 AVE. ENCINAS, STE. 209 :ARCSBAD, CA 92008 EXHIBIT ‘B’ QUITCLAIM SHT. 1 OF 1 SHTS A.p.N, 223-050-68, 70 223-060-31, 32 DATE 9- 12-ot $- J (y i ) 7&x d33 --#icy