HomeMy WebLinkAbout2002-01-08; City Council; 16494; Kelly Ranch Core Area Land Purchase4B# ii&! c\%j
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DEPT. ENG
CITY OF CARLSBAD - AGENDA BILL
TITLE- --
APPROVAL OF A LAND PURCHASE
AGREEMENT FOR THE CONSTRUCTION OF
WHITMAN WAY FOR THE KELLY RANCH CORE AREA
CT 97-16A
RECOMMENDED ACTION:
Adopt Resolution No. &IO&00 v , approving a Land Purchase Agreement with Kelly Land Company for the purchase of City owned property located on the eastern side of Faraday Avenue at
Cannon Road which is a portion of Veteran’s Memorial Park property.
ITEM EXPLANATION:
Propertv Acquisition
Kelly Land Company (KLC) is in the process of preparing a final map for the Kelly Ranch Core Area, CT 97-16A. The tentative map for CT 97-16A, was previously approved by City Council on June 12, 2001, pursuant to City Council Resolution No. 2001-165. Condition number’s 61E and 80, of
Planning Commission Resolution 4963, require that KLC acquire off-site property owned by the City
of Carlsbad to construct the project. KLC must acquire this real property from the City to be in conformance with their tentative map.
To accommodate the project’s design, engineering conditions of approval were placed on the
project which obligates KLC to construct standard street improvements to Whitman Way, within the CT 97-16A property boundary and off-site on property owned by the City of Carlsbad. The City views these on and off-site improvements as a benefit to the public, and as such, agrees to the sale
of City owned fee title property to KLC to construct portions of Whitman Way (see attached Exhibit
4).
City and KLC staffs have prepared a Land Purchase Agreement (Agreement) to facilitate this property transfer. The purchase price for the property is $240,000.00, which is the product of the
approximate size of the property (0.6 acres) and the City’s designated park-in-lieu fee of $400,000.00 per acre. An escrow account or other funds transfer mechanism, shall be established wherein KLC shall place funds in the amount of the purchase price of $240,000.00 into such account, which shall be transferred to the City upon conveyance of the property to KLC (i.e., the
closing), as indicated in the Agreement (see Exhibit 3). The City will transfer this real property to
KLC by grant deed, which shall convey fee title absolute. The grant deed will be approved by the City Council. KLC will then dedicate the on-site portion of Whitman Way, for public street purposes, to the City on the CT 97-16A final map, and, the off-site portion of Whitman Way, for public street
purposes, by separate instrument.
This land purchase was presented to the City of Carlsbad Parks and Recreation Commission on
Monday, August 20, 2001. The Commission voted unanimously to accept this information item, as it was presented by City Community Service/Park’s staff.
Propertv Acquisition - General Plan Consistency
Government Code 565402(a) exempts certain minor property dispositions (including minor ones
related to street purposes) from General Plan consistency requirements. In accordance with City of
Carlsbad Municipal Code Section 2.24.065, the City has adopted the necessary ordinance (Ord. No.
9424, 92, 1975) to allow for this Government Code exemption. Therefore, based upon these
express provisions, a General Plan consistency determination for this property acquisition is not
required.
Page 2 of Agenda Bill No. IQ-l44
ENVIRONMENTAL REVIEW:
Environmental review was previously conducted for CT 97-16A. The project is in conformance with
applicable policies of the Certified Local Coastal Program regarding sensitive coastal resources. As
such, City Council Resolution 2001-165, approved Coastal Development Permit’s (CDP) 97-43A,
CDP 98-66A and CDP 98-70A, for the project on June 12, 2001.
FISCAL IMPACT:
KLC will purchase the requisite off-site property from the City for $240,000.00, plus or minus any
prorations and adjustments as provided for in the Agreement. Once Whitman Way is dedicated to
the City for public street purposes, constructed, and the City accepts the improvements, general
maintenance expenditures will be required to keep the street operational for public travel. These
expenditures will be offset by fees collected to construct the single and multi-family residential
developments included in CT 97-16A, and, by property taxes generated by the project.
EXHIBITS:
1.
2.
Location Map.
Resolution No approving a Land Purchase Agreement for the construction of
anch Core Area, CT 97-16A.
3. Kelly Land Company/City of Carlsbad Land Purchase Agreement.
4. Property Acquisition Exhibit.
5. Whitman Way Quitclaim Deed (with attachments and exhibits).
LOCATION MAP
CITY Of EMCINITAS
IOT TO SCALE
PROJECT NAME LAND PURCHASE AGREEMENT PROJECT EXHIBIT
FOR KELLY RANCH COREAREA NUMBER
CT97- 76A I
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RESOLUTION NO. 2o02-oo4
A RESOLUTION OF THE CITY COUNCIL OF -THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A LAND PURCHASE
AGREEMENT FOR THE CONSTRUCTION OF WHITMAN WAY FOR
THE KELLY RANCH CORE AREA, CT 97-16A.
WHEREAS, Kelly Land Company (KLC) is in the process of preparing a final map for the
Kelly Core Area, CT 97-l 6A; and,
WHEREAS, the approved City Council Resolution Number 2001-165, requires that KLC
acquire off-site property owned in fee title by the City of Carlsbad to construct the project; and,
WHEREAS, KLC must acquire this real property from the City to be in conformance with
their tentative map; and,
WHEREAS, engineering conditions of approval were placed on the project which obligate
KLC to construct standard street improvements to Whitman Way, within the CT 97-16A property
boundary and off-site on property owned by the City of Carlsbad; and,
WHEREAS, the City views these on and off-site improvements as a benefit to the public,
and as such, agrees to the sale of City owned property to KLC to construct portions of Whitman
Way; and,
WHEREAS, City and KLC staffs have prepared a Land Purchase Agreement to facilitate
this property transfer; and,
WHEREAS, the purchase price for the property is $240,000.00, plus or minus any
prorations and adjustments as provided for in the Land Purchase Agreement; and,
WHEREAS, KLC is requesting that the City Council approve the Land Purchase
Agreement; and,
WHEREAS, KLC desires to begin construction of Whitman Way in 2002; and
WHEREAS, the acquisition of this real property was contemplated in the approval for the
Kelly Core Area, CT 97-16A, tentative map; and
WHEREAS, the relinquishment of this real property will result in approximately 0.468
acres of land being returned to the tax rolls and thereby benefit the public; and,
WHEREAS, the purchase price being paid to the City, which is based on the City’s
standard park-in-lieu fee and agreed to by KLC, is a benefit to the public.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows:
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1. That the above recitations are true and correct;
2. That the Land Purchase Agreement by and between Kelly Land Company and the
City of Carlsbad is hereby approved and the Mayor is authorized to sign &aid agreement on behalf
of the City;
3. That the Mayor is hereby requested and authorized to sign the deed relinquishing
said real property on behalf of the City;
4. That the City Clerk is hereby directed to record the grant deed in the Office of the
County Recorder, San Diego, California;
5. From the date that the deed is executed by the Mayor this real property, acting as
excess right of way, no longer constitutes public land.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
held on the 8th day of JANUARY . 2002 by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Nygaard, Hall
NOES: None
28
PURCHASE AGREEMENT
This Purchase Agreement (this “Agreement”), dated as of JAN 14, 2002 (the
“Execution Date”), between Kelly Land Company, a Delaware corporation (“Buyer”), and City
of Carlsbad, a municipal corporation (“Seller”), is entered into with reference to the recitals set
forth below. Seller and Buyer are sometimes referred to herein collectively as the “Parties”, and
individually as a “Party.”
RECITALS
A. Seller is the owner of approximately six tenths (0.6) of an acre of certain real
property located in the City of Carlsbad, State of California, which property is more particularly
described and shown on Exhibit “A” attached hereto (the “Property”).
B. Pursuant to Condition 8 1 of Carlsbad Tentative Map [No. CT97-16A] (Planning
Commission Resolution No. 4963) (“Tentative Map”), Buyer is required to negotiate for
acquisition of the Property in order to construct thereon a portion of a mandated roadway
commonly known and referred to herein as “Whitman Way”.
C. Buyer and Seller have negotiated Buyer’s acquisition of the Property in
conformance with the above referenced condition, and accordingly Seller desires to sell to Buyer,
and Buyer desires to purchase from Seller, the Property, on the terms and conditions set forth
herein.
AGREEMENT
NOW, THEREFORE, in connection with the recitals set forth herein above, and for good
and valuable consideration the receipt of which is hereby acknowledged by each of the parties, the
parties hereby agree as follows:
1. Sale and Convevance. Seller shall sell to Buyer, and Buyer shall purchase
from Seller, the Property, upon the terms and conditions set forth in this Agreement.
2. T&e. Title to the Property shall be conveyed to Buyer subject only to (a)
real property taxes not then delinquent, if applicable, and (b) the matters shown on the
Commitment (as defined in Section 4 below) and accepted by Buyer.
3. Purchase Price. The purchase price for the Property (the “Purchase
Price”) shall be (a) the sum of Two Hundred Forty Thousand Dollars ($240,000), which price has
been calculated as the product of (i) the approximate size of the Property times (ii) Seller’s
currently designated park-in-lieu fee of Four Hundred Thousand Dollars ($400,000) per acre, less
(b) the cost of the Title Policy. The Purchase Price, plus or minus any prorations and adjustments
as provided for herein, shall be paid by Buyer to Seller by federal funds wire transfer or cashiers
SD:DMI\AGR\CRBiS1208066.4 092501 -l-
check or other immediately available funds upon the closing of the transaction contemplated herein
pursuant to Section 5 below (the “Closing”).
4. Condition of Title. Within seven (7) days after the Execution Date, Seller
shall deliver to Buyer, at Seller’s expense and for Buyer’s review and approval, two copies of a
preliminary title report (“Commitment”) and all documents reflected as exceptions in the
Commitment, if any (the “Title Documents”), from First American Title Insurance Company
(“Title Insurer”), for a CLTA title policy, on the standard form issued in California (the “Title
Policy”). Buyer shall be entitled to object, by written notice (“Buyer’s Notice“) delivered to
Seller within fourteen (14) days after Buyer’s receipt of the Commitment and Title Documents,
to any matters shown on the Commitment which would preclude or hinder the Property’s use as
a portion of Whitman Way as mandated by the Tentative Map (including, without limitation, any
liens on the Property). Seller hereby covenants that, prior to Closing, Seller shall cause, at Seller’s
sole expense, all matters listed in Buyer’s Notice to be removed from the Commitment.
5. The Closing shall take place no later than the recordation of the Closing.
Final Map contemplated by the Tentative Map, provided that all conditions precedent to the
Closing have been fulfilled.
6. Conditions to Buyer’s Obligation to Close. Buyer shall not be obligated to
proceed with the Closing unless and until each of the following conditions has been fulfilled:
a. Citv Council Annroval of Final Man The City Council for the City
of Carlsbad shall have given its final approval of the Final Map contemplated by the Tentative
Map.
b. No Uncured Breaches. There shall have been no uncured material
breach of any representation, warranty or covenant given by Seller herein.
C.
to issue the Title Policy.
Title Insurance. Title Insurer shall be unconditionally committed
d. Closing Deliveries. Title Insurer or Seller shall be prepared to
deliver to Buyer all instruments and documents to be delivered to Buyer at the Closing pursuant
to any provision of this Agreement.
7. Conditions to Seller’s Obligation to Close. Seller shall not be obligated to
proceed with the Closing unless and until each of the following conditions has been fulfilled:
a. Citv Council Annroval of Final Man. The City Council for the City
of Carlsbad shall have given its final approval of the Final Map contemplated by the Tentative
Map.
b. Closing Deliveries. Title Insurer or Buyer shall be prepared to
deliver to Seller all funds, instruments and documents to be delivered to Seller at the Closing
pursuant to any provision of’this Agreement.
SD:DMI\AGR\CRB\S1208066.4 092501 -2-
‘/
8. Deliveries Unon Closing.
a. Seller’s Closing Deliveries. At or prior to Closing, Seller shall
deliver or cause to be delivered to Buyer through the Title Insurer or otherwise, each of the
following instruments and documents:
i. A grant deed (on Title Insurer’s standard grant deed form)
executed and acknowledged by Seller;
executed by Seller;
ii. The Easement Agreement described in Section 12 below,
,.. ill. A settlement statement, if applicable, reflecting any
prorations and credits herein provided for and approved by Buyer, executed by Seller; and
iv. Such other documents and instruments as may be required
by any provision of this Agreement or as may be reasonably required by Title Insurer or otherwise
to carry out the terms and intent of this Agreement.
b. Buver’s Closing Deliveries. At or prior to Closing, Buyer shall
deliver or cause to be delivered to Seller through the Title Insurer or otherwise, each of the
following instruments and documents:
i. The Purchase Price;
executed by Buyer;
ii. The Easement Agreement described in Section 12 below,
. . . ill. A settlement statement, if applicable, reflecting any
prorations and credits herein provided for and approved by Seller, executed by Buyer; and
iv. Such other documents and instruments as may be required
by any provision of this Agreement or as may be reasonably required by Title Insurer or otherwise
to carry out the terms and intent of this Agreement.
9. Closing Expenses: Prorations.
a. Fees Paid bv Seller. All recording fees, conveyance fees, fees for
releasing liens and encumbrances, and one-half (l/2) of the escrow fee, if any, shall be paid by
Seller.
b. Fees Paid by Buyer. The cost of the Title Policy, and one-half (l/2)
of the escrow fee, if any, shall be paid by Buyer.
C. Prorations. All real property taxes and assessments attributed to
the Property, if any, shall be prorated as of the date of the Closing. Seller shall be responsible for
real property taxes and assessments, if any, for the period prior to the date of the Closing, and
SD:DMI\AGR\CRB\SI208066.4 092501 -3-
k
Buyer shall be responsible for real property taxes and assessments, if any, from and after the date
of the Closing, regardless of when such amounts are billed, due or payable.
10. Warranties of Seller. Seller hereby warrants to Buyer on the date of this
Agreement and as of the Closing Date:
a. Seller has the legal power, right and authority to enter into this
Agreement and to consummate the transactions contemplated by this Agreement;
b. All requisite action has been taken by Seller in connection with
entering into this Agreement and the consummation of the transactions contemplated by this
Agreement;
C. There are no actions, suits, claims, legal proceedings or any other
proceedings affecting the Property or any portion of the Property, at law or in equity, before any
court or governmental agency, domestic or foreign; and
d. No notices of violation of any federal, state, county or municipal or
other governmental agency law, ordinance, regulation, order, rule or requirement relating to the
Property, or any portion of the Property, have been issued or entered or received by Seller, and
Seller has no reason to believe that any such notice may or will be, issued, entered or received.
11. Warranties of Buyer. Buyer warrants to Seller that on the date of this
Agreement and as of the Close of Escrow:
a. Buyer has the legal power, right and authority to enter into this
Agreement and to consummate the transactions contemplated by this Agreement;
b. All requisite action (corporate, partnership, trust or otherwise) has
been taken by Buyer in connection with entering into this Agreement and the consummation of the
transactions contemplated by this Agreement; and
C. The individual executing this Agreement on behalf of Buyer has the
legal power, right, and actual authority to bind Buyer to the terms and conditions of this
Agreement.
12. Easement Aereements. The Parties hereby acknowledge and agree that in order to
construct Whitman Way, it will be necessary for Buyer to use certain real property adjoining the Property,
which real property is owned by Seller, and more particularly described in Exhibit “B” attached hereto (the
“Slope Easement Property”) for purposes of construction grading and staging, and as more particularly
described in Exhibit “C” (the “Landscape Easement Property”) for purposes of landscaping. Accordingly,
Buyer and Seller shall enter into one or more temporary easement agreement(s) (the “Easement
Agreement(s)“) wherein Seller shall grant to Buyer a temporary easement to use the Slope Easement
Property and the Landscape Easement Property for such purposes, on terms and conditions to be mutually agreed upon by the Parties.
13. Notices. Unless otherwise specifically provided herein, all notices, demands or other
communications (“Notices”) given hereunder shall be in writing and shall be deemed to have been delivered
SD:DMI\AGR\CRB\51208066.4 092501 -4
upon receipt. All Notices shall be given either by (i) personal delivery Buyer or Seller, respectively
addressed as set forth below, (ii) facsimile transmission to Buyer or Seller, respectively addressed as set forth
below, or (iii) certified mail, return receipt requested, postage prepaid, addressed as follows:
If to Seller, to:
The City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, California 92008-1989
Attention: Llovd Hubbs
Fax: (760)434-8367
Telephone: (760)434-289 1
If to Buyer, to:
Kelly Land Company
20 11 Palomar Airport Road, Suite 112
Carlsbad, California 92009
Attention: Scott Medansky
Fax: (760) 93 l-7950
Telephone: (760) 931-1190
With copy to:
Sheppard, Mullin, Richter & Hampton LLP
501 West Broadway, Suite 1900
San Diego, California 92 10 1
Attention: Christopher B. Neils, Esquire
Fax: (619) 234-3815
Telephone: (619) 338-6500
If to Title Insurer, to:
First American Title Insurance Company
411 Ivy Street
San Diego, CA 92 10 1
Escrow No. OO-2224-AS 1
(Title Order No. 1271195-15)
Attention: Angelique Sizemore, Escrow Offker
Fax: 619-238-1934
Telephone: 619-238-1776
14. Buyer’s Rierht to Assign Ameement. The Parties acknowledge that Buyer is
under contract to sell in bulk most of the land which is subject to the Tentative Map and adjoins
the future location of Whitman Way to Shea Homes Limited Partnership, a California limited
partnership (“Shea”). Buyer shall have the right to assign this Agreement to Shea, on condition
that Buyer shall give written notice thereof to City within ten (10) days after such assignment.
SD:DMIUGR\CRB\S1208066.4 -5 092501
15. Miscellaneous.
a. Section Headings. Section headings in this Agreement are inserted
for convenience of reference only and do not define, describe or limit the scope or the intent ofthis
Agreement or any of terms hereof.
b. Exhibits. All exhibits referred to in this Agreement and attached to
this Agreement, are a part of, and incorporated in, this Agreement.
C. Entire Agreement. This Agreement contains the entire agreement
between the parties relating to the transactions contemplated by this Agreement and all prior or
contemporaneous agreements, understandings, representations and statements, oral or written, are
merged in this Agreement.
d. Amendments. No modification, waiver, amendment, discharge or
change of this Agreement shall be valid unless the same is in writing and signed by the party against
which the enforcement of such modification, waiver, amendment, discharge or change is or may
be sought.
e. Successors and Assigns. All terms ofthis Agreement shall be binding
upon and inure to the benefit of and be enforceable by the parties and their respective legal
representatives, successors and assigns.
f. Annlicable Law. This Agreement shall be construed and enforced
in accordance with the laws of the State of California, and venue shall reside in San Diego County,
California.
Et* Counterparts. This Agreement may be signed in multiple
counterparts, each of which shall be deemed an original, but such counterparts shall together
constitute one and the same agreement.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
SD:DMI\AGR\CRBU1208066.4 09250 I -6-
IN WITNESS WHEREOF, this Agreement has been executed as ofthe day and year
fust above written.
“Buyer” KELLY LAND COMPANY,
a Delaware corporation
“Seller”
APPROVED TO FORM: ATTEST:
By:
CIT
a mi
By:
Claude A! Lew%, Mayor [Print Name and Title]
Carlsbad City Attorney
By: &d-i& ti. ~b%&#‘-
%-ei-%+-~
SD:DMI\AGR\CRB\51208066.4 -7- 092501
STATE OF CALIFORNIA)
ersonally appeared
, personally known
person(s) whose
name(s)j&re subscribed to the within instrument and acknowledged to me that
l,&$i&hey executed the same in l&B-&their authorized capacity ties), and that by
l$v¶ier$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 ad official seal.
(SEAL)
EXHIBIT ‘A’
LEGAL DESCRIPTION
FOR
PORTION OF WHITMAN WAY RIGHT-OF-WAY
BEING A PORTION OF LOT "F" OF RANCH0 AGUA HEDIONDA, ACCORDING TO MAP
THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, DESCRIBED IN A DEED RECORDED IN BOOK 3942, PAGE 32, DATED NOVEMBER
16, 1896, OF OFFICIAL RECORDS OF COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL ‘A’
COMMENCING AT POINT 6 OF LOT ‘F' OF SAID RANCH0 AGUA HEDIONDA; THENCE EAST-
ERLY ALONG THE NORTHERLY BOUNDARY OF SAID LOT ‘F' BEING A COMMON BOUNDARY
WITH LOT 'I' OF SAID RANCH0 AGUA HEDIONDA SOUTH 86O50'44" EAST 2568.96 FEET
TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID BOUNDARY
1. SOUTH 86O50'44" EAST 446.45 FEET
2. WESTERLY 157.82 FEET
3. NORTH 86O50'44" WEST 155.02 FEET
4. WESTERLY 192.72 FEET
5. SOUTH 52O15'27" WEST 16.13 FEET
6. SOUTHEASTERLY 32.43 FEET
TO THE BEGINNING OF A NON-TANGENT
410.00 FOOT RADIUS CURVE CONCAVE
TO THE NORTH, A RADIAL LINE TO
SAID BEGINNING BEARS SOUTH
18O53'59" EAST; THENCE LEAVING
SAID BOUNDARY AND ALONG THE ARC
OF SAID CURVE
THROUGH A CENTRAL ANGLE OF
22OO3'15"; THENCE
TO THE BEGINNING OF A TANGENT
270.00 FOOT RADIUS CURVE CONCAVE
TO THE SOUTH; THENCE ALONG THE
ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF
4OO53'49"; THENCE
TO THE BEGINNING OF A TANGENT
20.00 FOOT RADIUS CURVE CONCAVE
TO THE EAST; THENCE ALONG THE ARC
OF SAID CURVE
THROUGH A CENTRAL ANGLE OF
92O53'35" TO THE INTERSECTION
WITH THE PROPOSED EASTERLY RIGHT-
OF-WAY OF FARADAY AVENUE AND A
CUSP OF A TANGENT CURVE WITH A
PAGE 1 OF 4
7. NORTHWESTERLY 98.32 FEET
8. NORTHEASTERLY 28.07 FEET
9. NORTH 52O15'27" EAST 27.06 FEET
10. NORTHEASTERLY 93.75 FEET
842.00 FOOT RADIUS CURVE CONCAVE
TO THE SOUTHWEST, A RADIAL LINE
TO SAID BEGINNING BEARS NORTH
49O21'52" EAST; THENCE ALONG SAID
PROPOSED EASTERLY RIGHT-OF-WAY
AND THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF
6O41'25" TO THE BEGINNING OF A
CUSP OF A TANGENT CURVE WITH A
20.00 FOOT RADIUS CURVE CONCAVE
NORTHEASTERLY, A RADIAL LINE TO
SAID BEGINNING BEARS SOUTH
42O40'27" WEST; THENCE LEAVING
SAID PROPOSED EASTERLY RIGHT-OF-
WAY AND ALONG THE ARC OF SAID
CURVE
THROUGH A CENTRAL ANGLE OF
80°25'OO"; THENCE
TO THE BEGINNING OF A TANGENT
330.00 FOOT RADIUS CURVE CONCAVE
TO THE SOUTHEAST; THENCE ALONG
THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF
16O16'37" TO THE TRUE POINT OF
BEGINNING.
CONTAINS 0.468 ACRE, MORE OR LESS.
PARCEL 'B'
COMMENCING AT POINT 6 OF SAID LOT ‘F' OF SAID RANCH0 AGUA HEDIONDA; THENCE
EASTERLY ALONG THE NORTHERLY BOUNDARY LINE OF SAID LOT ‘F' BEING A COMMON
BOUNDARY WITH LOT ‘I' OF SAID RANCH0 AGUA HEDIONDA SOUTH 86O50'44" EAST
3015.41 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID
BOUNDARY
1. SOUTH 86O50'44" EAST 46.21 FEET; THENCE LEAVING SAID BOUNDARY
2. SOUTH 63O20'44" WEST 46.08 FEET; THENCE
3. SOUTH 68O50'29" WEST 63.93 FEET; THENCE
4. SOUTH 76O26'50" WEST 70.54 FEET; THENCE
5. NORTH 88O54'53" WEST 72.72 FEET; THENCE
T:Temp_WP\1224-WHITSTDED.DOC (11/2/01) PAGE 2 OF 4
6.
7.
8.
9.
NORTH 73O25'51" WEST 106.70 FEET; THENCE
SOUTH 79O55'09" WEST 79.46 FEET;
SOUTH 63OO5'17" WEST .68.82 FEET;
SOUTH 53O34'49" WEST 72.68 FEET
10. NORTHWESTERLY 15.00 FEET
11. NORTHEASTERLY 32.43 FEET
12. NORTH 52O15'27" EAST 16.13 FEET
13.
14.
15. EASTERLY 157.82 FEET
NORTHEASTERLY 192.72 FEET
SOUTH 86O50'44" EAST 155.02 FEET
CONTAINS 0.403ACRE, MORE OR LESS.
THENCE
THENCE
TO THE INTERSECTION WITH THE
PROPOSED EASTERLY RIGHT-OF-WAY OF
FARADAY AVENUE AND THE BEGINNING
OF A NON-TANGENT 842.00 FOOT
RADIUS CURVE CONCAVE TO THE
SOUTHWEST, A RADIAL LINE TO SAID
BEGINNING BEARS NORTH 5OO23'07"
EAST; THENCE ALONG SAID PROPOSED
EASTERLY RIGHT-OF-WAY AND THE ARC
OF SAID CURVE
THROUGH A CENTRAL ANGLE OF
1001'15" TO THE BEGINNING OF A
20.00 FOOT RADIUS REVERSE CURVE
CONCAVE TO THE EAST, A RADIAL
LINE TO SAID BEGINNING BEARS
SOUTH 49021'52" WEST; THENCE
LEAVING SAID EASTERLY RIGHT-OF-
WAY AND ALONG THE ARC OF SAID
CURVE
THROUGH A CENTRAL ANGLE OF
92O53'35"; THENCE
TO THE BEGINNING OF A TANGENT
270.00 FOOT RADIUS CURVE CONCAVE
SOUTHEASTERLY; THENCE ALONG THE
ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF
4OO53'49"; THENCE
TO THE BEGINNING OF A TANGENT
410.00 FOOT RADIUS CURVE CONCAVE
TO THE NORTH; THENCE ALONG THE
ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF
22OO3'15" TO THE TRUE POINT OF
BEGINNING.
T:Temp_WP\1224-WHITSTDED.DOC (11/Z/01) PAGE 3 OF 4
PARCEL 'C'
COMMENCING AT POINT 6 OF SAID LOT ‘F' OF SAID RANCH0 AGUA HEDIONDA; THENCE
EASTERLY ALONG THE NORTHERLY BOUNDARY LINE OF SAID LOT ‘F' BEING A COMMON
BOUNDARY WITH LOT 'I' OF SAID RANCH0 AGUA HEDIONDA SOUTH 86O50'44" EAST
2347.96 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID
BOUNDARY
1.‘ SOUTH 86O50'44" EAST 221.00 FEET
2. SOUTHWESTERLY 93.75 FEET
3. SOUTH 52O15'27" WEST 27.06 FEET;
4. NORTHWESTERLY 28.07 FEET
5. NORTHWESTERLY 118.20 FEET
CONTAINS 0.183 ACRE,
T:Temg_WP\1224-WITSTDE,,.IXX (U/2/01)
TO THE BEGINNING OF A NON-TANGENT
330.00 FOOT RADIUS CURVE CONCAVE
TO THE SOUTHEAST, A RADIAL LINE
TO SAID BEGINNING BEARS NORTH
21O27'56" WEST; THENCE LEAVING
SAID BOUNDARY AND ALONG THE ARC
OF SAID CURVE
THROUGH A CENTRAL ANGLE OF
16O16'37"; THENCE
TO THE BEGINNING OF A TANGENT
20.00 FOOT RADIUS CURVE CONCAVE
TO THE NORTH, A RADIAL LINE TO
SAID BEGINNING BEARS SOUTH
37O44'33" EAST; THENCE ALONG THE
ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF
80°25'OO" TO THE INTERSECTION
WITH THE PROPOSED EASTERLY RIGHT-
OF-WAY OF FARADAY AVENTJE AND THE
BEGINNING OF A 842.00 FOOT RADIUS
REVERSE CURVE CONCAVE TO THE
SOUTHWEST, A RADIAL LINE TO SAID
BEGINNING BEARS NORTH 42O40'27"
EAST; THENCE ALONG SAID PROPOSED
EASTERLY RIGHT-OF-WAY AND THE ARC
OF SAID CURVE
THROUGH A CENTRAL ANGLE OF
8OO2'36" TO THE TRUE POINT OF
BEGINNING.
REX S. PLUMMER DATE
LS 6641
EXPIRATION DATE 12/31/03
OF 4
LEGAL DESCRlP77C#k
THIS IS A PORTION OF LOT ‘F’ OF RANCH0 AGUA HEDIONOA
MAP NO. 823 IN THE ClTY M CARLSBAD, IN THE COUNTY
OF SAN DIEGO, IN THE STATE of CALIFMNIA
ASXSW?S Pm NO.‘s
212-010-05, 212-OlO- 11
UiWER CITY w cARisBm 16.35 FARAOAY AMWE )1 CARLSBALI, CAl#DZY#A 9m
lHE BASIS W BEARtUGS FOR THIS DRAu4pIG;36; A PURTK#V of K’iE NMlHERLY LINE OF LOT 7’ iw
RANM AGLlA HEDUX+#A MAP NO. 823
I.E. NORTH 86’50’44” iKST
lLMWW?ffmK: l=?Ro,&TJDE~GN COWSULTANTS
701 B SlREET
SAN DECO, ClLlFMA 92101 FWWF: (619) 2.35-64171
C AWCATES P-L ‘A; SMET f#DJcA7?ON of tWf/lMAN WAY
TOTAL MEA =O.
) l I ! l l I J Mor’CAES PAacTL ‘B; SL@E EASEMENT
TOTAL AREA =0.4Q3 ACRES
MKA7’ES PARCEL ‘C: LANDSCAPE EASEhlENT
TOTAL AREA =O. 183 ACRES
INDICATES PaNT OF COMMENCEMENT
INOKA lES TRUE POINT OF BEGINNING -
REX S. PLUhMR, L. S. 6641 r DATE
REGS?F?A7RM IWES 12/j1/2003
Esn#rr&A&--< Ldi r’ MAP ii. 82i
pll PA/WAR -T Rp. -Cm* -.TuvTs
/ 7OlBSlAZJ; SIh’IEf
4Rl5B’. CA. 92009 I SAN @EGO, CA 92101
EMT %J’ wml #i
A.P.N.
212~OJO-05 & n2-me 11
E \Mqpphg\1224.90\PU 7S\l224bWiStDed\ 1224nSritStLkd-Ol.dwg Nov OS, Zool
lea L B sa MB 200 I I I I ;-
\ IlED II
.:. *.- I :-: r -.
-z-
SCALE l”=lOO’
GRAPHIC SCALE
(I#==) 1 imcta = 1EM.l ft.
RANCH0 AWA HEQfoNDA
PCYNT NO. 6 LOT ‘F MAP No. 823 pm LOI 74
SMET LKBCATHlw - EN LOT F MAP NO. 823 I
EXiVii5lV tit’ SEEUffP
mm 8x- A.P.N.
011 PAL&U? A&XWT AQ. FYRMC~W CtXf~TANE 212-010-05 k 212-Olo- 11
7010SlRET,SlNTE8tXl
WI lKco, CA 92101
f I e
RECORDING REQUESTED BY
AND WHEN RECORDED,
PLEASE MAIL TO:
Kelly Land Company
Attn: Scott Medansky Suite 112
2011 Palomar Airport Road
Carlsbad, CA 92009
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.
Assessors Parcel No. 212-01 O-05 & 11
Project No. & Name CT 97-16A: Kelly Ranch Core Area/
Whitman Way Land Purchase
CITY OF CARLSBAD
Robert J. Wojcik, P.E. * /w. h/&Ad
Deputy City Engineer - Engineering/De~lopmer&ervices
QUITCLAIM DEED
CITY OF CARLSBAD,a Municiapl 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 KELLY LAND
COMPANY, a Delaware Corporation, all right, title and interest in the property described in Exhibits “A” & “B”, consisting of
six (6) pages, which are attached hereto and made a part hereof.
APPROVED AS TO FORM:
ATTORNEY
(Notarial acknowledgement of execution of Grantor must be attached.)
Word\Masters\Forms\Quitclaim Deed - City (Real Property) 6/l/00
State of California
County of St?n 73\LGO I
On !-\\-0a before me, ~I317 KG ?j RE lT&fiELD, dorfirZV, PO&/L
personally appeared ~l-AUD~ A- k-a/r
personally known to me -OR- Cl proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/a+e subscribed to the within instrument and
acknowledged to me that he/&&hey executed the same in
his/he&heir authorized capacity(ies), and that by his/h&their
signature&+ on the instrument the person@, or the entity upon
behalf of which the person&)-acted, executed the instrument.
WITNESS, my hand and official seal.
(This area for official notary seal.) %GNATURE 0F NOTARY
Title or Type of Document @u 1 t&Q m DG c D
Date of Document I-H-oa No. of Pages 7
Signer(s) other than named above )J)@wlfig m 4 @ooD
CMWD
Word\Masters\Forms\Quitclaim Deed - City (Real Property) 6/I I00
EXHIBIT ‘A’
LEGAI; DESCRIPTION
FOR
PORTION OF WHITMAN WAY RIGHT-OF-WAY
BEING -A PORTION OF LOT "F" OF RANCH0 AGUA HEDIONDA, ACCORDING TO MAP
THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, DESCRIBED IN A DEED RECORDED IN BOOK 3942, PAGE 32, DATED NOVEMBER
16, 1896, OF OFFICIAL RECORDS OF COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL ‘A’
COMMEXJCING AT POINT 6 OF LOT ‘F' OF SAID RANCH0 AGUA HEDIONDA; THENCE EAST-
ERLY ALONG THE NORTHERLY BOUNDARY OF SAID LOT ‘F' BEING A COMMON BOUNDARY
WITH LOT 'I' OF SAID RANCH0 AGUA HEDIONDA SOUTH 86O50'44" FAST 2568.96 FEET
TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID BOUNDARY
1.
2.
3.
4.
5.
SOUTH 86O50'44 D EAST 446.45 FEET
WESTERLY 157.82 FEET
6. SOUTHEASTERLY 32.43 FEET
NORTH 86O50'44" WEST 155.02 FEET
WESTERLY 192.72 FEET
SOUTH 52O15'27" WEST 16.13 FEET
T:Teap_WP\1224-WUTSTDED.EGC (11/2/01)
Pd
TO THE BEGINNING OF A NON-TANGENT
410.00 FOOT RADIUS CURVE CONCAVE
TO THE NORTH, A RADIAL LINE TO
SAID BEGINNING BEARS SOUTH
18O53'59" EAST; THENCE LEAVING
SAID BOUNDARY AND ALONG THE ARC
OF SAID CURVE
THROUGH A CENTRAL ANGLE OF
22OO3'15"; THENCE
TO THE BEGINNING OF A TANGENT
270.00 FOOT RADIUS CURVE CONCAVE
TO THE SOUTH; THENCE ALONG THE
ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF
4OO53'49"; THENCE
TO THE BEGINNING OF A TANGENT
20.00 FOOT RADIUS CURVE CONCAVE
TO THE EAST; THENCE ALONG THE ARC
OF SAID CURVE
THROUGH A CENTRAL ANGLE OF
92O53'35" TO THE INTERSECTION
WITH THE PROPOSED EASTERLY RIGHT-
OF-WAY OF FARADAY AVENUE AND A
CUSP OF A TANGENT CURVE WITH A
PAGE 1 OF 4
7. NORTHWESTERLY 98.32 FEET
8. NORTHEASTERLY 28.07 FEET
9.
10.
NORTH 52O15'27" EAST 27.06 FEET
NORTHEASTERLY 93.75 FEET
842-00 FOOT RADIUS CURVE CONCAVE
TO THE SOUTHWEST, A RADIAL LINE
TO SAID BEGINNING BEARS NORTH
49O21'52" EAST; THENCE ALONG SAID
PROPOSED EASTERLY RIGHT-OF-WAY
AND THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF
6O41'25" TO THE BEGINNING OF A
CUSP OF A TANGENT CURVE WITH A
20.00 FOOT RADIUS CURVE CONCAVE
NORTHEASTERLY, A RADIAL LINE TO
SAID BEGINNING BEARS SOUTH 42O40'27" WEST; THENCE LEAVING
SAID PROPOSED EASTERLY RIGHT-OF-
WAY AND ALONG THE ARC OF SAID
CURVE
THROUGH A CENTRAL ANGLE OF
8OO25'00"; THENCE
TO THE BEGINNING OF A TANGENT
330.00 FOOT RADIUS CURVE CONCAVE
TO THE SOUTHEAST; THENCE ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF
16O16'37" TO THE TRUE POINT OF
BEGINNING.
CONTAINS 0.468 ACRE, MORE OR LESS.
PARCEL ‘B’
COMMENCING AT POINT 6 OF SAID LOT ‘F' OF SAID RANCH0 AGUA HEDIONDA; THENCE
EASTERLY ALONG THE NORTHERLY BOUNDARY LINE OF SAID LOT ‘F' BEING A COMMON
BOUNDARY WITH LOT 'I' OF SAID RANCH0 AGUA HEDIONDA SOUTH 86O50'44" EAST
3015.41 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID
BOUNDARY
1. SOUTH 86O50'44" EAST 46.21 FEET; THENCE LEAVING SAID BOUNDARY
2. SOUTH 63O20'44" WEST 46.08 FEET; THENCE
3. SOUTH 68O50'29" WEST 63.93 FEET; THENCE
4. SOUTH 76O26'50" WEST 70.54 FEET; THENCE
5. NORTH 88O54'53" WEST 72.72 FEET; THENCE
TrTenpJJP\l224-WHITSTDH).DOC (11/2/01) PAGE 2 OF 4
6.
7.
8.
9.
NORTH 73O25'51" WEST 106.70 FEET; THENCE
SOUTH 79O55'09" WEST 79.46 FEET;
SOUTH 63OO5'17" WEST 68.82 FEET;
SOUTH 53O34'49" WEST 72.68 FEET
10. NORTHWESTERLY 15.00 FEET
11.
12.
13.
14.
15. EASTERLY 157.82 FEET
NORTHEASTERLY 32.43 FEET
NORTH 52O15'27" FAST 16.13 FEET
NORTHEASTERLY 192.72 FEET
SOUTH 86O50'44" EAST 155.02 FEET
CONTAINS 0.403ACRE, MORE OR LESS.
THENCE
THENCE
TO THE INTERSECTION WITH THE
PROPOSED EASTERLY RIGHT-OF-WAY OF
FARADAY AVENUE AND THE BEGINNING
OF A NON-TANGENT 842.00 FOOT
RADIUS CURVE CONCAVE TO THE
SOUTHWEST, A RADIAL LINE TO SAID
BEGINNING BEARS NORTH 50°23'07"
EAST; THENCE ALONG SAID PROPOSED
EASTERLY RIGHT-OF-WAY.AND THE ARC
OF SAID CURVE
THROUGH A CENTRAL ANGLE OF
1001'15" TO THE BEGINNING OF A
20.00 FOOT RADIUS REVERSE CURVE
CONCAVE TO THE EAST, A RADIAL
LINE TO SAID BEGINNING BEARS
SOUTH 49021'52" WEST; THENCE LEAVING SAID EASTERLY RIGHT-OF-
WAY AND ALONG THE ARC OF SAID
CURVE
THROUGH A CENTRAL ANGLE OF
92O53'35"; THENCE
TO THE BEGINNING OF A TANGENT
270.00 FOOT RADIUS CURVE CONCAVE
SOUTHEASTERLY; THENCE ALONG THE
ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF
4OO53'49"; THENCE
TO THE BEGINNING OF A TANGENT
410.00 FOOT RADIUS CURVE CONCAVE
TO THE NORTH; THENCE ALONG THE
ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF
22OO3'15" TO THE TRUE POINT OF
BEGINNING.
T:TempJP\1224-WHITS.DOC (11/2/01) PAGE 3 OF 4
PARCEL 'C'
COBQ4ENCING AT POINT 6 OF SAID LOT ‘F' OF SAID RANCH0 AGUA HEDIONDA; THENCE
EASTERLY ALONG THE NORTHERLY BOUNDARY LINE OF SAID LOT ‘F' BEING A COMMON
BOUNDARY WITH LOT ‘I' OF SAID RANCH0 AGUA HEDIONDA SOUTH 86*50'44" EAST
2347.96 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID
BOUNDARY
1.
2-
3.
4.
SOUTH 86*50'44" EAST 221.00 FEET
SOUTHWESTERLY 93.75 FEET
SOUTH 52*15'27" WEST 27.06 FEET;
NORTHWESTERLY 28.07 FEET
5. NORTHWESTERLY 118.20 FEET
CONTAINS 0.183 ACRE,
TO THE BEGINNING OF A NON-TANGENT
330.00 FOOT RADIUS CURVE CONCAVE
TO THE SOUTHEAST, A RADIAL LINE
TO SAID BEGINNING BEARS NORTH
21*27'56" WEST; THENCE LEAVING
SAID BOUNDARY AND ALONG THE ARC
OF SAID CURVE
THROUGH A CENTRAL ANGLE OF
16*16'37"; THENCE
TO THE BEGINNING OF A TANGENT
20.00 FOOT RADIUS CURVE CONCAVE
TO THE NORTH, A RADIAL LINE TO
SAID BEGINNING BEARS SOUTH 37*44'33" EAST; THENCE ALONG THE
ARC OF SAID.CURVE
THROUGH A CENTRAL ANGLE OF
80°25'OO" TO THE INTERSECTION WITH THE PROPOSED EASTERLY RIGHT-
OF-WAY OF FARADAY AVENUE AND THE
BEGINNING OF A 842.00 FOOT RADIUS
REVERSE CURVE CONCAVE TO THE
SOUTHWEST, A RADIAL LINE TO SAID
BEGINNING BEARS NORTH 42*40'27"
EAST; THENCE ALONG SAID PROPOSED
EASTERLY RIGHT-OF-WAY AND THE ARC
OF SAID CURVE
THROUGH A CENTRAL ANGLE OF
8*02'36" TO THE TRVE POINT OF
BEGImNG.
-REX S. PLUMMER ' DATE
LS 6641
EXPIRATION DATE 12/31/03
T:T~JiF'\1224-WHITSl'DED.DOC 111/2/01) OF 4
-kAL l2lsvaPnm:
THIS IS A Pmntnv OF LOT % w RAN010 ANA HEDKMIOA
MAP NO. 823 IN THE CITY of CARLSBAD, M THE COUNTY
OF SAN OIEGO, IN THE STATE W CALIFCM?NlA
ASESQPS PARCEl No.‘s 212-ore-os, 21sOlO- 11
UHm CYTY w CARlsBAD 1635 FWA Y A KM CAi?tSt?AD, CXLi$tXMA 92MM
BASIS W EE&WGS THE BASIS OF BEARMGS’FO THIS DRAMKG APORf#WJOF?HENOR~Yll&OFlOff’~’ RANCH0 AGUA HEWA MAP NO. 823
I.E. NOfWf B650’44” KST _
ElV6WERffM: ?Y?M’CII#sI(;N -TMlS 701 8 SlREET SAU DEeD, CAmxw 92101 !Y-KlK: (619) 2.X5-64171
a IWCAES PMCEL ‘A’, STREET tXlXCAnt?N OF WHINAN WAY ..I . . . . . . . . . TOTAl AREA =0.4&B ACRES
11!~!]1 INMATES PARE1 ‘8; !UPE EASEMENT
TOT& AREA ==0.#.3 ACRES
\\\q MEA TES PARCEL ‘C; LANDSCAPE EASEMNT
TOTM AREA =0.?83 ACRES
INOICA TES PoiN T OF COMMNCEMEN T
INMATES lRllE POtNT OF BEGlNNlNG
I SMT DEiXA A - H L0.T r MAP NO. B2.3 . ICANT ELLY LAkI CtwPAMY Rve?4ml BE Aifvmm BE
~11 p~/a~ A/RPMOT me McltKsmJ -TANlS Nt - tie =E dNcv y-11 7OlBSlXET,SWKMI
ARLSBAO, CA. 92009 SAN DIEGO, CA 92101
A.P.N.
212-oio-D5 c m-me- 11
6 \Mq?phg\1224.90\Puls\1224bhhitstLh?d\!224BtlitStDed-01.dq
NW 06, 2001 -.
‘\A 6
iL /IL : loo GRAPHIC SCALE
CSl842.oO’I OlDl’li” 1 Wid
I SIMET CKhxccATNMl - IN LOT f’ MAP MI. B23
CW34NY l9wFMm BE
Qll PALM ARRRT !@I. prpaEC?DE~ CtMWlTANTS
pr 2&5 701 B SWEET, SUIIE BCM
#?lSBAD. CA. 92009 I W’DIEGO, CA 92101
A.P.N.
212-010-05 et 212~mo-11
E \Mopphg\1224.SO\PLATS\1224~itSt&d\1224b#itStDed-0;1.dwg
Nov 06, 2001
TO:
FROM:
RE:
“Write It - Don’t Say It”
Public Works Director
City Attorney
City Manager
City Clerk
DATE: September 26,200l
Proiect Engineer - Michael J. Shirey I.
PR 0 1-82/CT 97-16A: KELLY RANCH CORE AREA
WHITMAN WAY LAND PURCHASE
Attached is the City Council Agenda Bill for the Whitman Way Land
Purchase for the Kelly Ranch Core Area. This Agenda Bill should go forward
with the Kelly Ranch Core Area Final Map Agenda Bill. When this Agenda Bill
goes forward, here is what must be done:
1) Mayor signs Land Purchase Resolution (Exhibit 2), Land Purchase
Agreement (Exhibit 3), and Quitclaim Deed (Exhibit 5);
2) City Clerk contacts Escrow Officer, Ms. Angelique Sizemore, at First
American Title insurance Co., at 619/23 l-4685 to complete the Land
Purchase by having the $240,000 being held in the Escrow Account
(Account No. OO-2224AS 1) transferred to the City, and then have the
Quitclaim Deed recorded.
Any questions, please stop by or give me a call at 602-2400, extension
1420.
Thanks,
Mike S.
January 17,2002
San Diego County Recorder
PO Box 121750
San Diego CA 92112-4147
Enclosed for recordation are the following documents:
CT 97-16(A)
Whitman Way
Kelly Land Company Land Purchase Quitclaim Deed
212-040-64
Kelly Corporate Cobblestone Sea Corporation Quitclaim
Center II. LLC Village Deed of Easement
212-040-65
Kelly/JRM-Palomar Cobblestone Sea Corporation Quitclaim
Airport Road LLC Village Deed of Easement
Our staff has determined that the recordation of these documents is of benefit to
the City; therefore, we are requesting that you waive the fees.
Thank you for your assistance with this matter.
Sincerely,
Debra Doetier
Sr. Off ice Specialist
Enclosures (3)
1200 Carlsbad Village Drive * Carlsbad, CA 92008-1989 - (760) 434-2808
First American rance Co
411 IVY STREET * SAN DIEGO, CALIFORNIA 92101
CITY OF CARLSBAD
Attn: Jane Mobaldi
1200 Carlsbad Village Drive
Carlsbad, CA 92008-1989
RE: Purchase of Right of Way for, Whitman Way,
Date : February 28, 2002
Escrow No. : 00-2224AS1
Dear Jane Mobaldi:
We are pleased to inform you that your escrow was closed on Februaly 15, 2002 and we enclose the following:
Final Closing Statement
Conformed copy of recorded documents
Any recorded documents which you are entitled to will be forwarded to you directly from the County Recorder's office.
It has been a pleasure handling your escrow. We look forward to servicing your future real estate transactions.
First American Title Insurance Co.
Angelique R. 4 emore
Certified Sr. Escrow Officer
mh
RECORDING REQUESTED BY
RECORDED REQUEST OF
First American Title
AND WHEN RECORDED, PLEASE.MAIL TO:
City Clerk- .
City of Carlsbad 1200 Carlsbad Village Drive
Carlsbad, CA 92008
MAIL TAX STATEMENTS TO:
SUBDlVlSlON MAPPING DEPT.
w I.,
THE ORIGINAL OF THIS DDCUMENT I& WCORWD ON FEB 15, 2002 WCUHENT NUMBER 2002-0135145
W DIEGO MUNTY RECORDER'S OFFICE FREGORY J. NTH, MINTY REWRDER
TIME: 2:13 PM .
Space above this line for Recorder's Use.
The undersigned grantor(s) declare(s):
Documentary transfer tax is $oo.OflfW
( ) computed on full value of property conveyed, or Kelly Ranch Core Area
( ) computed on full value Less value of liens and Whitman Way Grant Deed
-encumbrances remaining@-time of sale.
( ') Unincorporated area: (x) City of Carlsbad , and CITY OF CARLSBAD
Assessor's Parcel No. 212-010-05 & 11 . .
Project No. & Name CT 97-16NPR 01-82
FOR AVALUABLE CONSIDERATION,
receipt of which is hereby acknowledged.
Deputy City Engineer, Development Services
GRANT DEED
CITY OF CARLSBAD, a Municipal Corporation, organized under the laws of the State of California, for valuable
consideration, receipt of which is hereby acknowledged, does hereby remise, release and grant to
Archstone-Smith Operating Trust, a Maryland real estate investment trust
all right, title and interest in the property described as parcel '"A and Parcel "C" in Exhibits "A & "B, consisting of 7
pages, which are attached hereto and made a part hereof.
Executed on F€ 4RUAy;?V I
20&, at Carlsbad, California
APPROVED AS TO FORM:
H:IDevelopment SeNices/Masten/Deeds-Grant Deeds-EasementslQuitclaim Deed - City (Real Property) ET, 5 6/1/00 2,
. (Notarial acknowledgement of execution of Grantor must be attached.)
State of California
$personally known to me -OR- 0 proved to me on the basis of satisfactory evidence to be the person(+
whose name(+ is/= subscribed to the within instrument and
acknowledged to me that he/sb&ey executed the same in
hislbwkkir authorized capacity&@, and that by his/Wr
signature(sf on the instrument the persono, or the entity upon
behalf of which the personwacted, executed the instrument.
WITNESS, my hand and official seal.
- - .~ . - "
(This area for official notary seal.)
Title or Type of Document 6 t'ZtW7 DOE'D
Date of Document a- 14-02- NO. of Pages I7
Signer@) other than named above blWh/AE M. Ldooo , f2!ltY &yZ)d,
H:/Oevelopment Services/Masters/Deeds-Grant Deeds-EasernentslQuitclaim Deed - City (Real Properly) 6/1/00 zr
EXEIBIT 'A'
LEGAL DESCRIPTION
FOR
PORTION OF WHITMAN WAY RIGHT-OF-WAY
BEING A PORTION OF LOT 'F' OF RANCHO AGUA HEDIONDA, ACCORDING TO MAP
COUNTY, DESCRIBED IN A DEED RECORDED IN BOOK 3942, PAGE 32, DATED NOVEMBER
THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
16, 1896, OF OFFICIAL RECORDS OF COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL A
C-CING AT POINT 6 OF LOT 'F' OF SAID RANCHO AGUA HEDIONDA; THENCE EAST-
ERLY ALONG THE-NORTHERLY BOUNDARY OF SAID LOT 'F' BEING A COMMON BOUNDARY
WITH LOT 'I' OF SAID RANCHO AGUA HEDIONDA SOUTH 86'50'44'' EAST 2568.96 FEET
TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID BOUNDARY
1.
2.
3.
4.
5.
SOUTH 86"50'44" EAST
WESTERLY
NORTH 86"50'44" WEST
WESTERLY
SOUTH 52"15'27" WEST
446.45 FEET TO THE BEGINNING OF A NON-TANGENT
TO THE NORTH, A RADIAL LINE TO
410.00 FOOT RADIUS CURVE CONCAVE
SAID BEGINNING BEARS SOUTH 18"53'59" EAST; THENCE LEAVING
SAID BOUNDARY AND ALONG THE ARC
OF SAID CURVE
157.82 FEET THROUGH A CENTRAL ANGLE OF
22"03'15"; THENCE
155.02 FEET TO THE BEGINNING OF A TANGENT
270.00 FOOT RADIUS CURVE CONCAVE
ARC OF SAID CURVE
TO THE SOUTH: THENCE ALONG THE
192.72 FEET THROUGH A CENTRAL ANGLE OF
40"53'49": THENCE
16.13 FEET TO THE BEGINNING OF A TANGENT
20.00 FOOT RADIUS CURVE CONCAVE
OF SAID CURVE
TO THE EAST: THENCE ALONG THE ARC
PAGE 1'0F 5
6. . SOUTHEASTERLY
7.
8.
9.
10.
32.43 FEET THROUGH A CENTRAL ANGLE OF
WITH THE PROPOSED EASTERLY RIGHT- 92'53'35'' TO THE INTERSECTION
OF-WAY OF FARADAY AVENUE, AND THE BEGINNING OF A TANGENT 842.00
FOOT RADIUS CURVE CONCAVE TO THE SOUTHWEST, A RADIAL LINE TO SAID
BEGINNING BEARS NORTH 49O21'52"
WAY AND THE ARC OF SAID CURVE
EAST; THENCE ALONG SAID RIGHT-OF-
NORTHWESTERLY 98.32 FEET THROUGH A CENTRAL ANGLE OF
06O41'25" TO THE BEGINNING OF A
CONCAVE TO THE NORTH, A RADIAL LINE TO SAID BEGINNING BEARS
LEAVING SAID RIGHT-OF-WAY AND
ALONG THE ARC OF SAID CURVE
TANGENT 20.00 FOOT RADIUS CURVE
- - .~ . - " SOUTH 42O40'27" WEST; .THENCE
NORTHEASTERLY 28.07 FEET THROUGH A CENTRAL ANGLE OF
80"25'00"; THENCE
NORTH 52"15'27" EAST 27.06 FEET TO THE BEGINNING OF A TANGENT
330.00 FOOT RADIUS CURVE CONCAVE
TO THE SOUTHEAST: THENCE ALONG
THE ARC OF SAID CURVE
NORTHEASTERLY 93.75 FEET THROUGH A CENTRAL ANGLE OF
16"16'37" TO THE TRUE POINT OF
BEGINNING.
CONTAINS 0.468 ACRES, MORE OR LESS.
PARCEL B
COMMENCING AT POINT 6 OF SAID LOT 'F' OF SAID RANCH AGUA HEDIONDA: THENCE
EASTERLY ALONG THE NORTHERLY BOUNDARY LINE OF SAID LOT 'E' BEING A COMMON
BOUNDARY WITH LOT 'I' OF SAID RANCHO AGUA HEDIONDA SOUTH 86'50'44" EAST
3015.41 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID
BOUNDARY
1. SOUTH 86'50'44'' EAST 46.21 FEET; THENCE LEAVING SAID BOUNDARY
2- SOUTH 63'20'44" WEST 46.08 FEET; THENCE
3. SOUTH 68'50'29'' WEST 63.93 FEET; THENCE
PAGE 2 'OF 5
. ..
4. SOUTH 76'26'50'' WEST
5. NORTH 88"54'53" WEST
6- NORTH 73O25'51" WEST
7. SOUTH 79O55' 09" WEST
8. SOUTH 63O05'17" WEST
9. SOUTH 53'34'49" WEST
" - .~ . - "
10. NORTHWESTERLY
11. NORTHWESTERLY
12. NORTH 52"15'27" EAST
13. NORTHEASTERLY
14. SOUTH 86'50'44" EAST
70.54 FEET;
72.72 FEET;
106.70 FEET;
79.46 FEET;
68.82 FEET;
72.68 FEET
15.00 FEET
32.43 FEET
16.13 FEET
192.72 FEET
155.02 FEET
THENCE
THENCE
THENCE
THENCE
THENCE
TO THE INTERSECTION WITH THE
PROPOSED EASTERLY RIGHT-OF-WAY OF FARADAY AVENUE AND THE BEGIN-
NING OF A NON-TANGENT- 842.00
FOOT RADIUS CURVE CONCAVE TO THE
SOUTHWEST, A RADIAL LINE TO SAID
BEGINNING BEARS NORTH 50'23'07''
EAST; THENCE ALONG SAID PROPOSED
ARC OF SAID CURVE EASTERLY RIGHT-OF-WAY AND THE
THROUGH A CENTRAL ANGLE OF
Ol"O1'15" TO THE BEGINNING OF A
CONCAVE TO THE EAST, A RADIAL
20.00 FOOT RADIUS REVERSE CURVE
LINE TO SAID BEGINNING BEARS
SOUTH 49"21'52" WEST; THENCE
LEAVING SAID EASTERLY RIGHT-OF- WAY AND ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF
92"53'35"; THENCE
TO THE BEGINNING OF A TANGENT
270.00 FOOT RADIUS CURVE CONCAVE
TO THE SOUTH; THENCE ALONG THE
ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF
40'53'49''; THENCE
TO THE BEGINNING OF A TANGENT
410.00 FOOT RADIUS CURVE CONCAVE
TO THE NORTH; THENCE ALONG THE
ARC OF SAID CURVE
PAGE 3.0F 5
I 15. EASTERLY 157.82 FEET THROUGH A CENTRAL ANGI,E OF
22'03'15'' TO THE TRUE POINT OF
BEGINNING.
CONTAINS 0.403 ACRES, MORE OR LESS.
PARCEL c
COMb5NCING AT POINT 6 OF SAID LOT 'F' OF SAID RANCHO AGUA HEDIONDA; THENCE
EASTERLY ALONG THE NORTHERLY BOUNDARY LINE OF SAID LOT 'F' BEING A COMMON
BOUNDARY WITH LOT 'I' OF SAID RANCHO AGUA HEDIONDA SOUTH 86'50'44'' EAST
2347.96 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID
BOUNDARY
1- SOUTH 86'50'44'' EAST 221.00 FEET
- - -. - ..
2. WESTERLY 93.75 FEET
3- SOUTH 52O15'27" WEST 27.06 FEET;
4. SOUTHWESTERLY 28.07 FEET
TO THE BEGINNING OF A NON-
TANGENT 330.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTHEAST, A
RADIAL LINE TO SAID BEGINNING
BEARS NORTH 21'27'56" WEST;
ALONG THE ARC OF SAID CURVE
THENCE LEAVING SAID BOUNDARY AND
THROUGH A CENTRAL ANGLE OF
16O16'37"; THENCE
TO THE BEGINNING OF A NON-
TANGENT 20.00 FOOT RADIUS CURVE
CONCAVE TO THE NORTH, A RADIAL
LINE TO SAID BEGINNING BEARS
ALONG THE ARC OF SAID CURVE
SOUTH 37'44'33'' EAST; THENCE
TO THE INTERSECTION WITH THE
PROPOSED EASTERLY RIGHT-OF-WAY OF FARADAY AVENUE AND THE BEGIN-
NING OF A 842.00 FOOT RADIUS
REVERSE CURVE CONCAVE TO THE
SOUTHWEST, A RADIAL LINE TO SAID
BEGINNING BEARS NORTH 42'40'27''
EAST; THENCE ALONG SAID PROPOSED EASTERLY RIGHT-OF-WAY AND THE
ARC OF SAID CURVE
PAGE 4 OF 5
5. NORTHWESTERLY 118 .zo FEET THROUGH A CENTRAL ANGLE OF
08'02'26'' TO THE TRUE POINT OF
BEGINNING.
CONTAINS 0.183 ACRES, MORE OR LESS
!
REX S. PLUMMER DATE
LS 6641
EXPIRATION DATE 12/31/03.
PAGE 5. OF 5
77
LEGAL DEScRIPllON:
MAP NO. 823 IN THE ary OF CARLSBAD, IN THE COUNTY
THIS IS A PORllON OF LOT ‘T OF RANCHO AGUA HEDIONDA
OF SAN DIEGO, IN THE STATE OF CALIFORNIA
ASXSWS PAREL NO.3 212-010-05, 212-010-11
OW3
16s FARADAY AMNUE CYN Cy CARLSBAD
CARLBAD, CAUFMNIA 92008
BASIS OF 8EARlNGS:
THE BASS OF BEARINGS FOR .THIS DRAWNG IS A PORllCN OF THE NORTHERLY LINE OF LOT ’F’ ON
RANCHO AWA HEVIONDA MAP NO. 823 I.€ NORTH 8630’44.: WST
ENWNER W Mk “Cmm CONSULTANTS
SAN DEW, CALIFORNIA 92101
701 B SRET
- -. . - ”
PHWE (619) 23.5-6~1
VICINITY MAP
NO SCALE
LEWD
INDICATES PARCEL ’A: STREET DEDICAnON OF WIHITMAN WAY
TOTAL AREA r0.468 ACRES
TOTAL AREA -0.403 ACRES
TOTAL AREA =0.183 ACRES pm INDICATES POINT OF COMMENCEMENT
lmj INDICATES PARCEL ‘B’, SLOPE EASEMENT
bmq INDICATES PARCEL ‘C: FEE PARCEL
Tpcw INDICATES TRUE POlNT OF BEGINNING
EXHIBIT ‘B’
WEllff2
A. P. N.
212-010-05 & 212-010-11
2 3
I:
I
RANCHO AGUA HEDIONDA
POINT NO. 6 LOT r MAP NO. 823
EXHIBIT 'B' WET2ff2
A. P.N.
212-010-05 & 212-010-1
RECORDED REQUEST OF
First American Title , By
SUBDIVISION MAPPING DEPT.
AND WHEN RECORDED, PLEASE MAIL TO:
City Clei'k City of Carlsbad
Carlsbad, California 92008 1200 Carlsbad Village Dr.
MAIL TAX STATEMENTS TO:
EXEMPT
The undersigned grantor(s) declare(s):
I
Space above this line for Recorder's Use
Assessor's Parcel No. 212-010-05 B 11
Documentary transfer tax is $o.oO/f* Project No. B Name CT 97-16AIPR 01-82
( ) computed on full value of property conveyed, or Kelly Ranch Core Area
( ) computed on full value less value of liens and Whitman Way Grant Deed of Easement for
( ) Unincorporated area: (x) City of Carlsbad, and
encumbrances remaining at time of sale. Temporary Slope and Construction
1J7 /)5'5- - f3" 1. GRANT DEED OF EASEMENT - ~~
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
.~
City of Carlsbad, a Municipal Corporation
herebyGRANTSto Archstone-Smith Operating Trust, a Maryland real estate investment trust
the following described real property in the City of Carlsbad, County of San Diego, State of California:
a TEMPORARY EASEMENT FOR SLOPE AND CONSTRUCTION PURPOSES over, under, upon and across
said real property together with the right to construct, grade, remove and deposit soil and construction
materials, conduct operations related to the construction of adjacent facilities and features, clear landscape, inspect, and maintain within the bounds of said easement as described as Parcel "B in Exhibit "A consisting
of 5 pages, attached hereto and made a part hereof. (Exhibit "B consisting of 2 pages is attached for clarity
only.) This temporary slope and construction easement shall automatically expire once the City of Carlsbad
accepts the improvements for Whitman Way.
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
On before me,
(here insert name and title of officer), personally
appeared
of satisfactory evidence) to be the person(s) whose
personally known to me (or proved to me on the basis
acknowledged to me that he/she/they executed the
name(s) is/are subscribed to the within instrument and
same in his/her/their authorized capacity(ies), and that by hislherltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
By:
Name: CLAUDE A. LEWIS
(Type or Print)
Title:
By:
Name:
MAY OR
I
KAREN R. KUNDTZ
fTvDe or Print) ""
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
Countyof Sen DIEGO
a Notoly Public - ColiforrJa
Son Diwo Countv r -
Place Nolary Seal Above
&personally known to me
0 proved to me on the basis of satisfactory
evidence
to be the person(+ whose name(+ islare
subscribed to the within instrument and
acknowledged to me that hel&a&ey executed
the same in his/be+"r
capacity(*), and that by hislmir
' authorized
signaturem on the instrument the person(@, or
the entity upon behalf of which the person(e+
acted, executed the instrument.
..
WITNESS my hand and official seal.
OPTIONAL
Though the Information below Is not required by law it may prove valuable lo persons relying on the document
and could prevent fraudulent removal and reanachment ofthis form to another document
Description of Attached Document
TitleorTypeofDocument:~P~~~ P,W ao-ow-osi \\
Document Date: 2 - I "I - Oa Number of Pages: 8
Signer(s) Other Than Named Above: sod E
Capacity(ies) Claimed by Signer
0 Individual
Signer's Name:
5 Corporate Officer- Title@):
Partner - 0 Limited 0 General
Attorney in Fact
0 Trustee
0 Guardian or Conservator
0 Other: 1 Signer Is Representing: u
EXRIBIT 'A'
LEGAL DESCRIPTION
FOR
PORTION OF WHITMAN WAY RIGHT-OF-WAY
BEING A PORTION OF LOT 'F' OF RANCHO AGUA HEDIONDA, ACCORDING TO MAP
THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, DESCRIBED IN A DEED RECORDED IN BOOK 3942, PAGE 32, DATED NOVEMBER
16, 1896, OF OFFICIAL RECORDS OF COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
~~
PARCEL A
COMdENCING AT-;POINT 6 OF LOT 'F' OF SAID RANCHO AGUA HEDIONDA; THENCE EAST-
ERLY ALONG fHE->NORTHERLY BOUNDARY OF SAID LOT 'F' BEING A COMMON 'BOUNDARY
WITH LOT 'I' OF SAID RANCHO AGUA HEDIONDA SOUTH 86'50'44'' EAST 2568.96 FEET
TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID BOUNDARY
1.
2.
3.
4.
5.
SOUTH 86"50'44" EAST
WESTERLY
NORTH 86"50'44" WEST
WESTERLY
SOUTH 52'15'27" WEST
446.45 FEET TO THE BEGINNING OF A NON-TANGENT
TO THE NORTH, A RADIAL LINE TO
410.00 FOOT RADIUS CURVE CONCAVE
SAID BEGINNING BEARS SOUTH
18"53'59" EAST; THENCE LEAVING
SAID BOUNDARY AND ALONG THE ARC
OF SAID CURVE
157.82 FEET THROUGH A CENTRAL ANGLE OF
22"03'15"; THENCE
155.02 FEET TO THE BEGINNING OF A TANGENT
TO THE SOUTH; THENCE ALONG THE
270.00 FOOT RADIUS CURVE CONCAVE
ARC OF SAID CURVE
192.72 FEET THROUGH A CENTRAL ANGLE OF
40"53'49"; THENCE
16.13 FEET TO THE BEGINNING OF A TANGENT
20.00 FOOT RADIUS CURVE CONCAVE
TO THE EAST; THENCE ALONG THE ARC
OF SAID CURVE
PAGE 1 OF 5
.I
6.
7.
8.
9.
10.
SOUTHEASTERLY
NORTHWESTERLY
" - .~ . - "
NORTHEASTERLY
NORTH 52"15'27" EAST
NORTHEASTERLY
32.43 FEET THROUGH A CENTRAL ANGLE OF
WITH THE PROPOSED EASTERLY RIGHT- 92O53'35" TO THE INTERSECTION
OF-WAY OF FARADAY AVENUE, AND THE BEGINNING OF A TANGENT 842.00
FOOT RADIUS CURVE CONCAVE TO THE
SOUTHWEST, A RADIAL LINE TO SAID
BEGINNING BEARS NORTH 49'21'52"
WAY AND THE ARC OF SAID CURVE EAST; THENCE ALONG SAID RIGHT-OF-
98.32 FEET THROUGH A CENTRAL ANGLE OF
06°41'25'' TO THE BEGINNING OF A
TANGENT 20.00 FOOT RADIUS CURVE
CONCAVE TO THE NORTH, A RADIAL
LINE TO SAID BEGINNING BEARS
SOUTH 42"40'27" WEST; . THENCE LEAVING SAID RIGHT-OF-WAY AND
ALONG THE ARC OF SAID CURVE
28.07 FEET THROUGH A CENTRAL ANGLE OF
80"25'00"; THENCE
27.06 FEET TO THE BEGINNING OF A TANGENT
TO THE SOUTHEAST: THENCE ALONG
330.00 FOOT RADIUS CURVE CONCAVE
THE ARC OF SAID CURVE
93.75 FEET THROUGH A CENTRAL ANGLE OF
16"16'37" TO THE TRUE POINT OF
BEGINNING.
CONTAINS 0.468 ACRES, MORE OR LESS.
PARCEL B
C-CING AT POINT 6 OF SAID LOT 'F' OF SAID RANCH AGUA HEDIONDA: THENCE
EASTERLY ALONG THE NORTHERLY BOUNDARY LINE OF SAID LOT 'F' BEING A COMMON
BOUNDARY WITH LOT 'I' OF SAID RANCHO AGUA HEDIONDA SOUTH 86'50'44'' EAST
3015.41 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID
BOUNDARY
1- SOUTH 86'50'44'' EAST 46.21 FEET; THENCE LEAVING SAID BOUNDARY
2- SOUTH 63'20'44'' WEST 46.08 FEET; THENCE
3- SOUTH 68'50'29'' WEST 63.93 FEET; THENCE
U\YP\L6G\1200\112~-WUlTS~~E~.~ (C2/051021 JRL PAGE 2 OF 5
. ..
4 c SOUTH 76O26'50" WEST
5.. PfORTH 88"54'53" WEST
6- NORTH 73'25'51" WEST
7- SOUTH 79O55'09" WEST
8. SOUTH 63"05'17" WEST
9- SOUTH 53'34'49'' WEST
- - -. . - "
10. NORTHWESTERLY
11. NORTHWESTERLY
12. NORTH 52O15'27" EAST
13. NORTHEASTERLY
14. SOUTH 86'50'44'' EAST
70.54 FEET;
12.72 FEET;
106.70 FEET;
79.46 FEET;
68.82 FEET;
72.68 FEET
15.00 FEET
32.43 FEET
16.13 FEET
192.72 FEET
155.02 FEET
THENCE
THENCE
THENCE
THENCE
THENCE
TO THE INTERSECTION WITH THE
PROPOSED EASTERLY RIGHT-OF-WAY
OF FARADAY AVENUE AND THE BEGIN-
NING OF A NON-TANGENT 842.00
SOUTHWEST, A RADIAL LINE TO SAID
FOOT RADIUS CURVE CONCAVE TO THE
BEGINNING BEARS NORTH 50'23' 07"
EAST; THENCE ALONG SAID PROPOSED
ARC OF SAID CURVE EASTERLY RIGHT-OF-WAY AND THE
THROUGH A CENTRAL ANGLE OF
01"01'15" TO THE BEGINNING OF A
20.00 FOOT RADIUS REVERSE CURVE
CONCAVE TO THE EAST, A RADIAL LINE TO SAID BEGINNING BEARS
SOUTH 4 9"2 1' 52" WEST; THENCE
LEAVING SAID EASTERLY RIGHT-OF- WAY AND ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF
92'53' 35"; THENCE
TO THE BEGINNING OF A TANGENT
270.00 FOOT RADIUS CURVE CONCAVE
TO THE SOUTH; THENCE ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF
40'53'49"; THENCE
TO THE BEGINNING OF A TANGENT
TO THE NORTH; THENCE ALONG THE
410.00 FOOT RADIUS CURVE CONCAVE
ARC OF SAID CURVE
R\WP\UG\1200\1221-~ITSTD~D.WC L02/05/021 JPl PAGE 3 OF 5
..
15 .. EASTERLY 157.82 FEET THROUGH A CENTRAL ANGLE OF
22"03'15" TO THE TRUE POINT OF
BEGINNING.
CONTAINS 0.403 ACRES, MORE OR LESS.
PARCEL c
COMMENCING AT POINT 6 OF SAID LOT 'F' OF SAID RANCHO AGUA HEDIONDA; THENCE
EASTERLY ALONG THE NORTHERLY BOUNDARY LINE OF SAID LOT 'F' BEING A COMMON
BOUNDARY WITH LOT 'I' OF SAID RANCHO AGUA HEDIONDA SOUTH 86"50'44" EAST
2347.96 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID
BOUNDARY
1- SOUTH 86"50'44" EAST 221.00 FEET
2. WESTERLY 93.75 FEET
3. SOUTH 52'15'27" WEST 27.06 FEET;
4. SOUTHWESTERLY 28.07 FEET
..
TO THE BEGINNING OF A NON-
TANGENT 330.00 FOOT RADIUS CURVE
CONCAVE TO THE SOUTHEAST, A
BEARS NORTH 21O27'56" WEST;
THENCE LEAVING SAID BOUNDARY AND
ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF
16"16'37"; THENCE
TO THE BEGINNING OF A NON-
TANGENT 20.00 FOOT RADIUS CURVE
CONCAVE TO THE NORTH, A RADIAL
LINE TO SAID BEGINNING BEARS
SOUTH 37'44' 33" EAST; THENCE
ALONG THE ARC OF SAID CURVE
TO THE INTERSECTION WITH THE
OF FARADAY AVENUE AND THE BEGIN-
PROPOSED EASTERLY RIGHT-OF-WAY
NING OF A 842.00 FOOT RADIUS
REVERSE CURVE CONCAVE TO THE
SOUTHWEST, A RADIAL LINE TO SAID
BEGINNING BEARS NORTH 42°40'27"
RADIAL LINE TO SAID BEGINNING
EAST; THENCE ALONG SAID PROPOSED
EASTERLY RIGHT-OF-WAY AND THE ARC OF SAID CURVE
PAGE 4 OF 5
. ..
5. .NORTHWESTERLY 118.20 FEET THROUGH A CENTRAL ANGLE OF
08'02'26'' TO THE TRUE POINT OF
BEGINNING.
CONTAINS 0.183 ACRES, MORE OR LESS A/& 4+4-
REX S. PLUMMER DATE
LS 6641
EXPIRATION DATE 12/31/03.
LEGAL DESCRlPllM:
THIS ?S A PORTlON OF LOT 'F' OF RANCHO AGUA HEDIONDA
MAP NO. 823 IN THE CITY OF CARLSBAD, IN WE COUNTY
OF SAN DIEGO, IN THE STATE OF CALIFORNIA
ASSESMS PARCEL NO.3 212-010-05 212-010-11
OWER CITY CF CARLSBAD
CARLSBAD, CALIFORNIA 92008
1635 FARADAY AMNUE
BASIS W BEMINGS: THE BASIS OF BEARINGS FOR -THIS DRAYnNG IS A PORllW OF THE NORTHERLY LINE OF LOT IF' ON
RANCHO AGUA HEDIONDA MAP NO. 823
LE. NORTH 8630'4%-: JEST
VlClNlTY MAP
NO SCALE
DJWNE€R W Wk IXMC~W C(XIISULTAIVTS 701 B SlREET SAN DIEGO, WFORNIA 92101
PHWE (619) 235-64371
LEGDJD
INDICATES PARCEL 'A: STREET DEDICAllON OF WITMAN WAY
TOTAL AREA =0.468 ACRES -1 INDICATES PARCEL '6: SLOPE EASEMENT
TOTAL AREA =0.403 ACRES - TOTAL AREA =0.183 ACRES
INDICATES PARCEL 'C: FEE PARCEL
POC INDICATES POINT OF COMMENCEMENT
TUB INDICATES TRUE POINT OF BEGINNING
EXHIBIT 'B' sfEt71ff2
STREET DEDICATION - IN LOT 'F' MAP NO. 823
PRPARED BE
pRLMClDEIG4 C&iflLTANTS
APPROKD tw A. P. N.
212-Ole-# & 212-010-11 pdD -
31)6 701 0 SlREC SUILE 800 an- 23889 Rccm EW 12/51/05 ARLSALI CA. 92009 SAN DIEW, CA 92101 MF
.3 3
RECORDED REQUEST OF
First American Title
WHEN RECORDED MAILTO:
SUBDIVISION MAPPING DEPT.
- City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Drive
Carlsbad, CA 92008
MAILTAX EXEMPT STATEMENTS TO:
EXEMPT
SIIN DIuio WY MRDER'S OFFICE TIE: 2:13 pH
SPACE ABOVE THIS LINE FOR RECORDERS USE
The undersigned grantor(s) declare(s): Assessor's Parcel No.: 212-010-05
Documentary transfer tax is $o.oO/lg~
212-010-11
Project No. & Name: CT 97-16A
PR 01-82
( ) computed on full value of property conveyed, or Kelly Ranch Core Area
( ) compct6d on full value less value of liens and Whitman Way Grant Deed of Easement
( ) Unincorporated area: (x) City of Carlsbad, and
encu-drances remaining at time of sale. for Street and Utility Purposes .
I 27 //q5-/5 GRANT DEED OF EASEMENT
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Archstone-Smith Operating Trust, a Maryland real estate investment trust
hereby GRANTS to
City of Carlsbad, a Municipal Corporation
the following described real property in the City of Carlsbad, County of San Diego, State of
California: an EASEMENT FOR PUBLIC STREET AND PUBLIC UTILITY PURPOSES over,
under, upon and across said real property as described as Parcel '"A in Exhibit "A" consisting of
five (5) Daaes. attached hereto and made a Dart hereof. Exhibit "B consisting of two (2) pages ~,, - . is attached for clarity only.
STATE OF CALIFORNIA )
COUNTY OF SAN DlEGO )
)
On FCBKORW I Ll I 2003
personally appeared
satisfactory evidence) to be the person(@ whose name(@
ish subscribed to the within instrument and acknowledged
to me that h- executed the same in his!bxUb& authorized capacity(&), and that by his/W signature(* on the instrument the person(+, or the entity upon behalf
of which the person@ acted, executed the instrument.
WITNESS mv hand and official seal
(or proved to me on the basis of
Signature:
(Type or Print)
Title:
(Type or Print)
By:
(Signature)
Name:
(Type or Print)
Title:
(Type or Print)
EXHIBIT 'A'
LEGAL DESCRIPTION
FOR
PORTION OF WHITMAEI WAY RIGHT-OF-WAY
BEING A PORTION OF LOT 'F' OF RANCHO AGUA HEDIONDA, ACCORDING TO MAP
THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, DESCRIBED IN A DEED RECORDED IN BOOK 3942, PAGE 32, DATED NOVEMBER
16, 1896, OF OFFICIAL RECORDS OF COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL A
CoLdMENCING AT-POINT 6 OF LOT 'F' 0F.SAID RANCHO AGUA HEDIONDA; THENCE EAST-
WITH LOT 'I' OF SAID RANCHO AGUA HEDIONDA SOUTH 86"50'44" EAST 2568.96 FEET
TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID BOUNDARY
ERLY ALONG THE 'NORTHERLY BOUNDARY OF SAID LOT 'FI BEING A COMMON BOUNDARY
1.
2.
3.
4.
5.
SOUTH 86"50'44" EAST
WESTERLY
NORTH 86'50'44" WEST
WESTERLY
SOUTH 52"15'27" WEST
446.45 FEET TO THE BEGINNING OF A NON-TANGENT
TO THE NORTH, A RADIAL LINE TO
410.00 FOOT RADIUS CURVE CONCAVE
SAID BEGINNING BEARS SOUTH
18"53'59" EAST; THENCE LEAVING
SAID BOUNDARY AND ALONG THE ARC
OF SAID CURVE
157.82 FEET THROUGH A CENTRAL ANGLE OF
22"03'15"; THENCE
155.02 FEET TO THE BEGINNING OF A TANGENT
270.00 FOOT RADIUS CURVE CONCAVE
ARC OF SAID CURVE
TO THE SOUTH; THENCE ALONG THE
192.72 FEET THROUGH A CENTRAL ANGLE OF
40"53'49"; THENCE
16.13 FEET TO THE BEGINNING OF A TANGENT
20.00 FOOT RADIUS CURVE CONCAVE
TO THE EAST; THENCE ALONG THE ARC
OF SAID CURVE
PAGE 1 OF 5
..
6.
7.
8.
9.
10.
SOUTHEASTERLY
NORTHWESTERLY
- - -. . - "
NORTHEASTERLY
NORTH 52"15'27" EAST
NORTHEASTERLY
32.43 FEET THROUGH A CENTRAL ANGLE OF
92"53'35" TO THE INTERSECTION
WITH THE PROPOSED EASTERLY RIGHT-
OF-WAY OF FARADAY AVENUE, AND THE BEGINNING OF A TANGENT 842.00
FOOT RADIUS CURVE CONCAVE TO THE
SOUTHWEST, A RADIAL LINE TO SAID BEGINNING BEARS NORTH 49'21'52''
EAST; THENCE ALONG SAID RIGHT-OF- WAY AND THE ARC OF SAID CURVE
98.32 FEET THROUGH A CENTRAL ANGLE OF
06°41'25" TO THE BEGINNING OF A
TANGENT 20.00 FOOT RADIUS CURVE
CONCAVE TO THE NORTH, A RADIAL
LINE TO SAID ,BEGINNING BEARS
ALONG THE ARC OF SAID CURVE
LEAVING SAID RIGHT-OF-WAY AND
SOUTH 42"40'27" WEST; . THENCE
28.07 FEET THROUGH A CENTRAL ANGLE OF
80"25'00"; THENCE
27.06 FEET TO THE BEGINNING OF A TANGENT 330.00 FOOT RADIUS CURVE CONCAVE
TO THE SOUTHEAST; THENCE ALONG
THE ARC OF SAID CURVE
93.75 FEET THROUGH A CENTRAL ANGLE OF
16"16'37" TO THE TRUE POINT OF
BEGINNING.
CONTAINS 0.468 ACRES, MORE OR LESS.
PARCEL B
COmENCING AT POINT 6 OF SAID LOT 'F' OF SAID RANCH AGUA HEDIONDA: THENCE
EASTERLY ALONG THE NORTHERLY BOUNDARY LINE OF SAID LOT 'F' BEING A COMMON
BOUNDARY WITH LOT 'I' OF SAID RANCHO AGUA HEDIONDA SOUTH 86'50'44'' EAST
3015.41 FEET TO THE TRVE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID
BOUNDARY
1. SOUTH 86'50'44'' EAST 46.21 FEET; THENCE LEAVING SAID BOUNDARY
2- SOUTH 63'20'44'' WEST 46.08 FEET; THENCE
3- SOUTH 68'50'29'' WEST 63.93 FEET; THENCE
. ..
4- " SOUTH 76'26'50'' WEST 70.54 FEET;
5. NORTH 88"54'53" WEST 72.72 FEET;
6- NORTH 73'25'51'' WEST 106.70 FEET;
7- SOUTH 79"55'09" WEST 79.46 FEET;
8. SOUTH 63°05'17" WEST 68.82 FEET;
9. SOUTH 53'34'49'' WEST 72.68 FEET
.. - -. - "
10. NORTHWESTERLY 15.00 FEET
11. NORTHWESTERLY 32.43 FEET
12. NORTH 52'15'27'' EAST 16.13 FEET
13. NORTHEASTERLY 192.72 FEET
14- SOUTH 86"50'44" EAST 155.02 FEET
THENCE
THENCE
THENCE
THENCE
THENCE
TO THE INTERSECTION WITH THE PROPOSED EASTERLY RIGHT-OF-WAY
OF FARADAY AVENUE AND THE BEGIN-
NING OF A NON-TANGENT 842.00
FOOT RADIUS CURVE CONCAVE TO THE SOUTHWEST, A RADIAL LINE TO SAID
BEGINNING BEARS NORTH 50O23'07"
EASTERLY RIGHT-OF-WAY AND THE
EAST; THENCE ALONG SAID PROPOSED
ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF
Ol0O1' 15" TO THE BEGINNING OF A
CONCAVE TO THE EAST, A RADIAL
20.00 FOOT RADIUS REVERSE CURVE
LINE TO SAID BEGINNING BEARS
SOUTH 49"21'52" WEST; THENCE LEAVING SAID EASTERLY RIGHT-OF-
WAY AND ALONG THE ARC OF SAID
CURVE
THROUGH A CENTRAL ANGLE OF
92O53'35"; THENCE
TO THE BEGINNING OF A TANGENT
TO THE SOUTH; THENCE ALONG THE
270.00 FOOT RADIUS CURVE CONCAVE
ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF
40'53'49"; THENCE
TO THE BEGINNING OF A TANGENT
410.00 FOOT RADIUS CURVE CONCAVE
TO THE NORTH; THENCE ALONG THE
ARC OF SAID CURVE
PAGE 3 OF 5
15, EASTERLY 157.82 FEET THROUGH A CENTRAL ANGLE OF
22"03'15" TO THE TRUE POINT OF
BEGINNING.
CONTAINS 0.403 ACRES, MORE OR LESS.
PARCEL c
CObMEXCING AT POINT 6 OF SAID LOT 'F' OF SAID RANCHO AGUA HEDIONDA; THENCE
EASTERLY ALONG THE NORTHERLY BOUNDARY LINE OF SAID LOT 'F' BEING A COMMON
BOUNDARY WITH LOT 'I' OF SAID RANCHO AGUA HEDIONDA SOUTH 86'50'44'' EAST
2347.96 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID
BOUNDARY
1- SOUTH 86O50'44" EAST
- - -. . - ..
2. WESTERLY
3- SOUTH 52'15'27'' WEST
4. SOUTHWESTERLY
221.00 FEET
93.75 FEET
27.06 FEET;
28.07 FEET
TO THE BEGINNING OF A NON-
TANGENT 330.00 FOOT RADIUS CURVE
CONCAVE TO THE SOUTHEAST, A
BEARS NORTH 21'27'56'' WEST;
ALONG THE ARC OF SAID CURVE THENCE LEAVING SAID BOUNDARY AND
THROUGH A CENTRAL ANGLE OF
16"16'37"; THENCE
TO THE BEGINNING OF A NON-
TANGENT 20.00 FOOT RADIUS CURVE
CONCAVE TO THE NORTH, A RADIAL
LINE TO SAID BEGINNING BEARS
ALONG THE ARC OF SAID CURVE
SOUTH 37"44'33" EAST; THENCE
TO THE INTERSECTION WITH THE
PROPOSED EASTERLY RIGHT-OF-WAY
OF FARADAY AVENUE AND THE BEGIN- NING OF A 842.00 FOOT RADIUS
REVERSE CURVE CONCAVE TO THE
SOUTHWEST, A RADIAL LINE TO SAID
BEGINNING BEARS NORTH 42O40'27"
RADIAL LINE TO SAID BEGINNING
EAST; THENCE ALONG SAID PROPOSED
ARC OF SAID CURVE EASTERLY RIGHT-OF-WAY AND THE
PAGE 4 OF 5
a ..
5. -NORTHWESTERLY 11 8.2 0 FEET THROUGH A CENTRAL
08°02'26'' TO THE TRUE
BEGINNING.
.
ANGLE OF
POINT OF
CONTAINS 0.183 ACRES, MORE OR LESS
Y'+L
REX S. PLUMMER DATE
LS 6641
EXPIRATION DATE 12/31/03
PAGE 5 OF 5
77
!EGAL DESCRlPlltM:
MIS IS A PORTION OF LOT 'f OF RANCHO AGUA HEDIONDA
UAP NO. 823 IN THE CllY OF CARLSBAD, IN THE COUNTY
OF SAN DIEGO, IN THE STATE OF CALIFORNIA
4SStXS PARCEL NO. 'S 212-010-05, 212-010-11
OWER CITY ff CARLSRAD 1635 FARADAY AMNUE
CARLSAD, CALIFORNIA 92008
SASS bF BEARINGS: WE BAYS OF BEARINGS FOR -THIS DRAMNG IS
4 PORTION OF THE NORTHERLY UNE OF LOT 'F' ON PANCHO AWA HEDIONDA MAP NO. 823
I.E. NORTH ssro'ew-msr
WGIN€€R of WRk pRdlECTDEsI(;W c(uJsuL TANE 701 E SRMT
YIN DIEGO, CALIFORNIA 92101
DHQYE: (619) 235-61171
VlClNlTY MAP
NO SCALE
LEGEND ............ INDICATES PARCEL 'A', STREET DEDICATION OF WIHITMAN WAY a TOTAL AREA =0.468 ACRES
ARRR TOTAL AREA =0.403 ACRES
INDICATES PARCEL 8: SLOPE EASEMENT
EXSI Tom AREA =o.m ACRES
INDICATES PARCEL IC', FEE PARCEL
pm INDICATES POINT OF COMMENCEMENT 7'pm INDICATES TRUE POlNT OF BEGINNING
A. P. N.
212-010-05 & 212-010-11
EXHIBIT 'B'
wEEr1#2
RANCHO ANA HWICNDA
POINT NO. 6 LOT 'F' EXHIBIT 'B' MAP NO. 823 POR LOT 'w SHEET2 W2
STREET DEDlCAllCN - IN LOT 'F' MAP NO. 823
rnY%iD CMPANY PRPARED Et A.P.N.
-. - CARLSAD. CA. 92W9 SAN WEGO, CA 92101
T: \AlqDpklg\122f \P~rs\l~4~ltsw~\l~f~~fs~~~~
PROXCIDEyav CTME
701 E STREET, SUlE 800
212-010-05 & 212-010-11
ns m&~
CERTIFICATION FOR ACCEPTANCE OF GRANT DEED OF EASEMENT
First American Tt
411 IW STREET - SAN DIEGO. CALIFORNIA 92101
Escrow No. 00-2224AS1
Reference: Purchase of Right of Way for
Whitman Way.
CLOSING STATEMENT Seller
SELLER:
CITY OF CARLSBAD
1200 Carlsbad Village Drive
Carlsbad, CA 92008-1989
Consideration:
Adjustments:
Title/Recording Services
Total Consideration
Credit for Title Policy
Documentaiy Transfer Tax
Record Grant Deed
Escrow Fees:
Escrow Fees
Totals
Check Herewith
Page 1
- - DEBITS - - - - CREDITS - -
240,000.00
264.00
25.00
450.00
$
$
239,261.00
240,000.00 .$ 240,000.00
SAVE FOR INCOME TAX PURPOSES