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HomeMy WebLinkAbout2002-01-08; City Council; 16495; Quitclaim On Aviara Pkwy at Palomar Airport RdiB# &,q%- VlTG. -l/8/2002 IEPT. ENG CITY OF CARLSBAD - AGENDA BILL TITLE: APPROVING THE QUITCLAIM OF EXISTING SLOPE AND TEMPORARY CONSTRUCTION EASEMENTS ALONG BOTH SIDES OF AVIARA PARKWAY AT PALOMAR AIRPORT ROAD RECOMMENDED ACTION: Adopt Resolution No. ama -005 quitclaiming the existing slope and temporary construction easements along both sides of Aviara Parkway at Palomar Airport Road. ITEM EXPLANATION: In 1998, the City sought right-of-way acquisition for the construction of Aviara Parkway just south of Palomar Airport Road. It was through a Final Order of Condemnation that right-of-way, temporary slope and construction easements were granted to the City of Carlsbad on December 9, 1998, per document No. 1998-0798577. The right-of-way and temporary easements were required in order to construct the road improvements for Aviara Parkway. Pursuant to stipulated judgments filed at the County of San Diego on September 22, 1998, at the time Aviara Parkway is constructed and accepted, the City must quitclaim the slope and temporary construction easements at no cost to the owner (Exhibit 1). On May 21, 2001, the City accepted the improvements for Aviara Parkway constructed in accordance with City Drawing No. 345-9. Since the improvements are installed, the City is not currently using these temporary easements and staff has determined the easements are no longer required for their intended use. Staff recommends the slope and temporary construction easements be quitclaimed. FISCAL IMPACT: Typically, the property owner is required to submit fees in accordance with the latest schedule of fees. These fees cover City staff time for quitclaims. Due to the stipulated judgments, this quitclaim has been processed at no cost to the owner, For this action, the City must cover staff time. Page 2 of Agenda Bill No. M EXHIBITS: 1. Location Map. 2. 3. Copy of Exhibit A of Stipulation for Judgment for condemnation of Aviara Parkway. Adopt Resolution No. d&Id-@gapproving the quitclaim of existing slope and temporary construction easements along both sides of Aviara Parkway at Palomar Airport Road. 4. Quitclaim Deed for slope and temporary construction easements along the west side of Aviara Parkway at Palomar Airport Road. 5. Quitclaim Deed for slope and temporary construction easements along the east side of Aviara Parkway at Palomar Airport Road. 2 i I LOCATION MAP , CIW Of OCEANSIDC ‘ROJECT NAME COBBLESTONE SEA VILLAGE .EXyB’T BY! SCOTT EVANS, CARLBAD ENCINEERINC DEPT. ,: EXZIIBTT ‘A” 5&h’&‘& 2 ’ In add&~ to &C payment of S410,OOO.OO I?om the City of CarrSoad t-o Richard C, Kelly =d ,Robcrt Patrick Kelly, ~rustec~ mdw Declaration of ‘liust dated November 25, 1985, (he&-r -_ “Kellys”) as set fti I-ET&. the Following items an part of the wment bewesr thq ~aftie~l I. At such time as the Kcllys or their suCCfSSQfs or asSigfE Seek to cOnstruct an exension of “A” Sucet ZIS dchutcd on the Laurel Tre: Aparmrents Project ~pmval and as showu on the actached E.xhibit “1” made a part hereof to provide access to the Xuthcast comer of the sobject property, (APN %12-04@49), the city of C&bad shall assist and support the K&p& obtain@ the necesary phts from all re+gula&y agencies (includiig but not limited to the United States Corps of Enghctn, the United States Fish and Wildlife &n&e, and the State of California Department of Fish and Game) far the consr.~~cdon of said ‘A” Street c?RcnsioH to a point approximately 50 feet north of the north bank 0fEncinas Creek at rbc SOuthCW WITMZ Of the KCllys' pmperty. With respect to the above referenced “A” Suwt extension Q~Y, the City shall be a co- applicant For said penni& AU costs a.wciated with the aP@don and the permitting pmc~ss, except for City S&f~ime. shall be home by the KdlYs or their successor Or assigns. 2. Until e he as “A” Sect cxtenSiOn is c01BB~cted SO aS t0 pmvide access to defkudants’ ustcrly ~Q&M%x, access to defendant’ easterly ~mainder &all remain as it presently arists i.e., tim Pdoms Airport Road at Laurel TIC Road at the northeast comer of the @party, At such time as the Said “A” Stntt extension is constructed ta Provide XUE+ to defcndws’ eastedy remainder, defendants will Mnquisb their access rights to Palomar Airport Road at Laurel Tree Road. . 3. Attboughtheptk~~~~~~pla~ thatthe mnstructianof~“A”Strete~~~ wili not constitute conversion of agricultural lauds to urben we so Y to require paytnalt of the City’s LCP agricultural mitigation fct, if ti extension does nquire such ftcs as to the improvement of the road, the City shall pay those fees as part of this settlement. 4. At such *me as. the City of Carkbad accepts ,the Avim Parkway roadway . , improvem~ through t& &&is’ $$iti; ihe City of Carl&ad shall quhclah to &C Kelly% ti.no COSt to tbC hilys, thC dop -em=% the *mpow CO~tiQR l asanents, and t& we easements beii taken puraurat to this condannation action except fQf drai~ge ca~~tm~ bawecr~ the banks of E&KU Creek and the drabge easement designated as Parcel “1” herein The City shall pnpaic the necessary deeds for these ~rmyan~~~ aad wilj mrd the same with the County Re~~rda. The City will wt Lmeasonabiy Witbho!d acceptance of the Aviara Parkway madway impmvements. 1 _. 5. The Ktllys ;urd I&T SNXCSSO~ aad a&w will uot be required to reimbuxx the City of Carl&ad or the dcvciopcr of the Lapel Tree Apments project or any o&r party for any of the consm~~tjon costs or right of Way COSTS for “A” Street hm Aviara P&Way to a point approximately 70 feet South Of rhe Kellys’ SoUthcrly property line or for any right of way costs for “A” Street tbmugh the ukegawa property to the south property line of the Kellys’ property. Nonvithstaading the.fOngOhg, the Ketiys will contribute a sum not to c;~ccfcd ~10,000.00 for si&tition of the “A” Strcet/Avh Parlway intersectioa. ‘* or their succ&sors or assigns vmcu2~~-vctA ,w.- I I’iue) 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. 2002-005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A QUITCLAIM OF EXISTING SLOPE AND TEMPORARY CONSTRUCTION EASEMENTS ALONG BOTH SIDES OF AVIARA PARKWAY AT PALOMAR AIRPORT ROAD. WHEREAS, existing slope and temporary construction easements along both sides of Aviara Parkway at Palomar Airport Road, and these easements were granted to the City of Carlsbad via a Final Order of Condemnation issued on December 9, 1998, per document No. 1998-0798577 for the purposes of constructing improvements to Aviara Parkway; and WHEREAS, the slope and temporary construction easements are to be quitclaimed once the improvements to Aviara Parkway are accepted by the City pursuant to stipulated judgments filed at the County of San Diego on September 22, 1998; and WHEREAS, the improvements for Aviara Parkway were accepted by the City on May 21, 2001; and WHEREAS, staff has determined the easements are no longer required for their intended use; and WHEREAS, the City Council of the City of Carlsbad has determined it to be in the public interest to quitclaim said easement; and 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 Quitclaim Deeds releasing interest to the existing slope and temporary construction easements along both sides of Aviara Parkway at Palomar Airport Road, which is on file with the City Clerk and is incorporated by this reference; is approved. I// Ill Ill /If Ill I// 1 3. That the Mayor is authorized to execute both Quitclaim Deeds and the City Clerk is 2 hereby authorized to cause the original Quitclaim Deeds to be recorded in the Office of the County 3 Recorder of San Diego County, State of California. 4 5 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the h+h day of JANUARY , 2002 by the following vote, to wit: 6 AYES: Council Members Lewis, Kulchin; Finnila, Nygaard, Hall 7 8 (SEAL) RECORDING REQUESTED BY WHEN RECORDED MAIL TO: KellylJRM-Palomar Airport Road, LLC 1040 Andreason Drive #200 Escondido, CA 92029 SPACE ABOVE THIS LINE FOR RECORDER’S USE The undersigned grantor(s) declare(s): Documentary transfer tax is $a.oo&p ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale ( ) Unincorporated area: (x) City of Carlsbad, and Assessor’s Parcel No. 2 12-040-64 Project No. & Name: CT 84-32 (A) Cobblestone Sea Village PR 2.3.114 CORPORATION QUITCLAIM DEED OF EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, City of Carlsbad, a Municipal Corporation or anized under the laws of the State of California does hereby REMISE, RELEASE, AND FOREVER quitclaim: the following described real property in the City of Carlsbad, County of San Diego, State. of California: a slope and temporary constructron easement as described In Exhibit “A’ conslstrng of 3 pa attache 8 e(s), attached hereto and made a part hereof. for clarity only. Exhibit “B” consisting of 1 page is (SEAL) F.\Word documenWMisc\kelley qutclaims\Corp Qultclaim Deed of Easement City (APN 212-040-64. Kelley Site) JLR dot 6/l/00 EXHIBIT ‘A’ LEGAL DESCRIPTION PR 2.3.114 PARCEL 3 (SLOPE EASEMENT) COMMENCING AT AN ANGLE POINT IN THE‘dUiHERLY BOUNDARY LINE OF PARCEL ‘? OF SAID CERTIFICATE OF CONiPLlANCE RECORDED SEPTEMBER 27,1985 AS FILE ti0. ” 85359768 OF OFFICIAL RECORDS, SAID POINT BEING THE EASTERLY TERMINUS OF THAT COURSE SHOWN AND DESCRIBED IN SAID CERTIFICATE OF COMPLIANCE AS NORTH 83”42’01” WEST, 254.06 FEET; THENCE ALONG SAID SOUTHERLY BOUNDARY LINE, SOUTH 81”37’18” EAST (RECORD= NORTH 81”37’46” WEST), 78.97 FEET TO ‘THE TRUE POINT OF BEGINNING; THENCE RETRACING ALONG SAID SOUTHERLY BOUNDARY LINE, NORTH 81”37’18’ WEST, 32.00 FEET TO THE BEGINNING OF A NON- TANGENT 1349.00 FOOT RADIUS CURVE CONCAVE EASTERLY A RADIAL LINE TO SAID POINT BEARS NORTH 85’12’48” WEST; THENCE LEAVING SAID SOUTHERLY BOUNDARY LINE, NdRTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02’23’33’ A DISTANCE OF 56.33 FEET; THENCE SOUTH 72”36’17” EAST, 25.00 FEET; THENCE SOUTH 02’04’44” EAST, 53.24 FEET TO THE TRUE POINT OF BEGINNING.. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.035 ACRE MORE OR LESS. EXHIBIT ‘A’ LEGAL DESCRIPTION PR 2.3.114 . PARCEL 4 (SLOPE EASEMENT) COMMENCING AT AN ANGLE POINT IN THE SOUTHERLY BOUNDARY LINE OF PARCEL 1 OF SAID CERTIFICATE OF COMPLIANCE RECORDED SEPTEMBER 27,1985 AS FILE NO. 85-359768 OF OFFICIAL RECORDS, SAID POINT BEING THE EASTERLY TERMINUS OF THAT COURSE SHOWN AND DESCRIBED IN SAID CERTIFICATE OF COMPLIANCE AS NORTH 83’42’01” WEST, 254.06 FEET; THENCE ALCNG SAID SOUTHERLY BOUNDARY LINE, SOUTH 81”37’18” EAST (RECORD= NORTH 81”37’46” WEST), 46.97 FEET TO THE BEGINNING OF A NON-TANGENT 1349.00 FOOT RADIUS CURVE CONCAVE EASTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 85”12’48” WEST; THENCE LEAVING SAID SOUTHERLY BOUNDARY LINE, NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 06”18’04” A DISTANCE OF 148.36 FEET; THENCE NORTH ll”O5’16” EAST, 130.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 11’05’16” EAST, 51.26 FEET TO THE BEGINNING OF A TANGENT 25.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 29”22’30” A DISTANCE OF 12.82 FEET TO THE BEGINNING OF A REVERSE 45.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 49”32’14” EAST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 29”22’30” A DISTANCE OF 23.07 FEET; THENCE NORTH 1 l”O5’16” EAST, 150.40 FEET TO THE BEGINNING OF A TANGENT 25.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY AND EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 87”19’53” A DISTANCE OF 38.11 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF PALOMAR AIRPORT ROAD AS DESCRIBED IN DEEDS RECORDED AUGUST 25, 1988 FILE NO. 88426571 AND 88- 426572 OF OFFICIAL RECORDS; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, SOUTH 81”34’51” EAST, 59.00 FEET; THENCE LEAVING SAID SOUTHERLY RIGHT- OF-WAY LINE, SOUTH 09”43’01” WEST, 287.29 FEET; THENCE NORTH 27”20’57” WEST, 30.00 FEET; THENCE NORTH 78”54’4i’* WEST, 80.00 FEET TO THE TRUE -POINT OF BEGINNING. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.532 ACRE MORE OR LESS. EXHIBIT ‘A’ LEGAL DESCRIPTION PR 2.3.114 PARCEL 6 (TEMPORARY CONSTRUCTION EASEMENT) COMMENCING AT AN ANGLE POINT IN THE SOUTHERLY BOUNDARY LINE OF PARCEL 1 OF SAID CERTIFICATE OF COMPLIANCE RECORDED SEPTEMBER 27, 1985 AS FILE NO. 85-359768 OF OFFICIAL RECORDS, SAID POINT BEING THE EASTERLY TERMINUS OF THAT COURSE SHOWN AND DESCRIBED IN SAID CERTIFICATE OF COMPLIANCE AS NORTH 83”42’01” WEST, 254.06 FEET; THENCE ALONG SAID SOUTHERLY BOUNDARY LINE, SOUTH 81”37’18” EAST (RECORD= NORTH 81”37’46” WEST), 78.97 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID SOUTHERLY BOUNDARY LINE, NORTH 02”04’44” WEST, 53.24’ FEET; THENCE SOUTH 72”36’17” EAST, 121.23 FEET; THENCE SOUTH 07”31’04” WEST, 33.36 FEET TO A POINT ON SAID SOUTHERLY BOUNDARY LINE; THENCE ALONG SAID. SOUTHERLY BOUNDARY LINE, NORTH 81”37’18” WEST, I IO.57 FEET TO THE TRUE POINT OF BEGINNING. THE HEREINABOVE LESS. DESCRIBED PARCEL OF LAND CONTAINS 0.112 ACRE MORE OR PAGE 5 OF 8 :DA M:\LEGALS\l758\002A16.DOC WO 1756-Z 1 Z/12/96 EXHIBIT ‘A’ LEGAL DESCRIPTION PR 2.3.114 . PARCEL 7 (TEMPORARY CONSTRUCTION EASEMENT) COMMENCING AT AN ANGLE POINT IN THE’SOUTHERLY BOUNDARY LtNE OF PARCEL 1 OF SAtD CERTlFtCATE OF COMPLIANCE RECORDED-SEPTEMBER 27, 1985 AS FILE NO. 85-359768 OF OFFICIAL RECORDS, SAID POINT BEING THE EASTERLY TERMINUS OF THAT COURSE SHOWN AND DESCRIBED IN SAtD CERTtFtCATE OF COMPLtANCE AS NORTH 83’42’01” WEST, 254.06 FEET; THENCE ALONG SAID SOUTHERLY BOUNDARY LINE, SOUTH 81-37’18” EAST (RECORD= NORTH 81’37’46” WEST), 78.97 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY BOUNDARY LINE, SOUTH 81’37’18” EAST (RECORD= NORTH 81-37’46” WEST), 110.57 FEET; THENCE LEAVING SAtD SOUTHERLY BOUNDARY LINE, NORTH 07”31’04” EAST, 198.36 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 07”31’04” EAST, 338.89 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF PALOMAR AIRPORT ROAD AS DESCRIBED IN DEEDS RECORDED AUGUST 25, 1988 FtLE NO. 88-426571 AND 88-426572 OF OFFlCtAL RECORDS; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, NORTH 81”34’51” WEST, 25.36 FEET; THENCE LEAVING SAID SOUTHERLY RIGHT-OF-WAY LINE, SOUTH 09”43’01” WEST, 287.29 FEET; THENCE SOUTH 27-20’57” EAST, 63.64 FEET TO THE TRUE POINT OF BEGINNING. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.225 ACRE MORE OR LESS. LEGEND: lm INOICATES SLOPE EASEMENT m INDICATES TEMPORARY CONSTRUCTION EASEMENT 5 INDICATES DRAINAGE 29-22’30’ 45.00 23.07 87” 19’53’ 25.00 38.11 O”52’41’ 1 2i75.00 ! 33.33 79’35’38” 25.00 34.73 15°28’52’ 25.00 6.75 1 N 04’35’28.E 1 67.68 1 N 15’26’47”E I 58.25 01 2O23.33’ 1349.00 1 56.33 N 83O32.21”E 75.16 N 72”36’17”W 70.53 63 3’50’08 1462.00 97.87 63 2n11'09= 1462.00 55.76 6'01'17' i 1462.00 1 153.65 7 OF PALOMAR .AIRPORT RD :D PER DEEDS RECORDED FILE NO’S. 66-426571 86-426572 OF 0:R. ( ) REGORD DRTA PER ( T,P,O.B.PARCELS &Z’ r4#I 9.27:& 3 dc 6 f5-35.9%9q- l.RO,B. PARCELS 2 & 5 N 86’35’33’W RAO ----m-m PARCEL 3 CERTIFICATE OF COMPLIANCE RECORDED g/27/65. FILE NO. 85-359769. O.R. PLANNING - ENGINEERING - SURVEYING I0179 RVENNEKENS STREET - SAN DIEW. CA 92121 (619) 55th4500 - FAX (619,l 558-1414 APN 212-040-39 AC PPLiCANT : DEDlCATlbN PLAT - Cln OF CARLSBAD PREPARED By: PROJECT: A.P.N.: 212-040-49 ‘AC WEST GROUP, \NC. 150 WEST - C” STREET LLJITE 1750 ;AN DIEGO. CA 92101 619) 5444100 State of California County of %n TWCPO > ss. On \- (\-03- , before me, J&M& $%I5 \%3F6L&, Ajt7iZV?L/ /%&I+ D& Name and Title of Officer (e.g “&he Doe, Notary P6blic”) personally appeared c LA U 06 / s &d/ 5 Name(s) of Signer(s) F!J personally known to me li proved to me on the basis of satisfactory evidence to be the person(e) whose name(s) is/are subscribed to the within instrument and acknowledged to me that heHe#+executed the same in his/w authorized capacity(i+), and that by his/keFC(keir signature(+on the instrument the person(sj, or the entity upon behalf of which the person++ acted, executed the instrument. Place Notary Seal Above WITNESS my hand and official seal. MA Signature of Notary,@ lit OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: nadir 7bLA/M f5hekn7&/vf Document Date: \- \\-cm- Number of Pages: (n Signer(s) Other Than Named Above: b&&&h)& /31- k&J r) Capacity(ies) Claimed by Signer Signer’s Name: q individual q Corporate Officer - Title(s): 0 Partner - 0 Limited !I General CI Attorney in Fact 0 Trustee 0 Guardian or Conservator q Other: Signer Is Representing: iiBHl@a Top of thumb here 0 1999 National Notary Assotiat1on * 9350 De Solo Ave., P.0 Bou 2402 - Chalsworth. CA 91313-2402 * www nationalnotaryorg Prod. No. 5907 Reorder Call Toll-Free 1-800-876-6827 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: Kelly Corporate Center II, LLC 2141 Palomar Airport Rd #300 Carlsbad CA 92009 SPACE ABOVE THIS LINE FOR RECORDER’S USE The undersigned grantor(s) declare(s): Documentary transfer tax is $mF ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale ( ) Unincorporated area: (x) City of Carlsbad, and Assessor’s Parcel No. 2 12-040-65 Project No. & Name: CT 84-32 (A) Cobblestone Sea Village PR 2.3.114 CORPORATION QUITCLAIM DEED OF EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, City of Carlsbad, a Municipal Corporation or anized under the laws of the State of California does hereby REMISE, RELEASE, AND F8REVER quitclaim: the following described real property in the City of Carlsbad, County of San Diego, State of Californra: a slope and temporary construction easement as described in Exhibit “A’ consisting of 4 pa attache 8 e(s), attached hereto and made a part hereof. Exhibit “B” consisting of 1 page is for clarity only. X?TEST. *hm OOD, City Clerk F:\Word documents\Misc\kelley quitclaims\Carp Quitclaim Deed of Easement City (APN 212-040-65, Kelley Site) JLR.doc 6/l/00 (SEAL) EXHIBIT ‘A’ LEGAL DESCRIPTION PR 2.3.114 BEING A PORTION OF PARCELS 1 AND 2 OF CERTIFICATE OF COMPLIANCE RECORDED SEPTEMBER 27, 1985 AS FILE NO. 85-359768 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 1 (SLOPE EASEMENT) COMMENCING AT AN ANGLE POINT IN THE SOUTHERLY BOUNDARY LINE OF PARCEL 1 OF SAID CERTIFICATE OF COMPLIANCE RECORDED SEPTEMBER 27,1985 AS FILE NO. 85359768 OF OFFICIAL RECORDS, SAID POINT BEING THE EASTERLY TERMINUS OF THAT COURSE SHOWN AND DESCRIBED IN SAID CERTIFICATE OF COMPLIANCE AS NORTH 83”42’01” WEST, 254.06 FEET; THENCE RETRACING ALONG SAID SOUTHERLY BOUNDARY LINE, NORTH 83”41’35” WEST (RECORD= NORTH 83”42’01” WEST), 61.33 FEET TO THE BEGINNING OF A NON-TANGENT 1462.00 FOOT RADIUS CURVE CONCAVE EASTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 86”35’33” WEST; THENCE LEAVING SAID SOUTHERLY BOUNDARY LINE, NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 06”01’17, A DISTANCE OF 153.65 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF Ol”39’32” A DISTANCE OF 42.33 FEET; THENCE NORTH 1 l”O5’16” EAST, 304.06 FEET TO THE BEGINNING OF A TANGENT 25.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; ‘THENCE NORTHERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 79”35’38” A DISTANCE OF 34:73 FEET; THENCE SOUTH 12”17’34” WEST, 245.05 FEET; THENCE SOUTH 16”00’35” WEST, 48.56 FEET; THENCE SOUTH 89”50’07” WEST, 115.00 FEET; THENCE SOUTH 11”07’25” WEST, 53.00 FEET; THENCE SOUTH 71”12’10” EAST, 106.06 FEET; THENCE NORTH 83”32’21” EAST, 40.00 FEET TO THE TRUE POINT OF BEGINNING. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.400 ACRE MORE OR LESS. EXHIBIT ‘A’ LEGAL DESCRIPTION PR 2.3.114 PARCEL 2 (SLOPE EASEMENT) COMMENCING AT AN ANGLE POINT IN THE-SOUTHERLY BOUNDARY LINE OF PARCEL 1 OF SAID CERTIFICATE OF COMPLIANCE RECORDED SEPTEMBER 27, 1985 AS FILE NO. 85-359768 OF OFFICIAL RECORDS, SAID POINT BEING THE EASTERLY TERMINUS OF THAT COURSE. SHOWN AND DESCRIBED IN SAID CERTIFICATE OF COMPLIANCE AS NORTH 83”42’01” WEST, 254.06 FEET; THENCE ALONG SAID SOUTHERLY BOUNDARY LINE, NORTH 83”41’35” WEST (RECORD= NORTH 83”42’01” WEST), 81.33 FEET TO THE TRUE POINT OF BEGINNING; THENCE RETRACING ALONG SAID SOUTHERLY BOUNDARY LINE, SOUTH 83-41’35” EAST (RECORD= NORTH 83”42’01” WEST), 20.00 FEET TO THE BEGINNING OF A NON-TANGENT 1462.00 FOOT RADIUS CURVE CONCAVE EASTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 86”35’33” WEST; THENCE LEAVING SAID SOUTHERLY BOUNDARY LINE, NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02”11’09”, A DISTANCE OF 55.78 FEET; THENCE NORTH 72”36’17” WEST, 9.16 FEET; 58.25 FEET TO THE TRUE POINT OF BEGINNING. THE HEREINABOVE DESCRIBED PARCEL OF LAND LESS. THENCE SOUTH 15”26’47” WEST, CONTAINS 0.019 ACRE MORE OR THE HEREINABOVE LESS. EXHIBIT ‘A’ LEGAL DESCRIPTION PR 2.3.114 . PARCEL 5 (TEMPORARY CONSTRUCTION EASEMENT) COMMENCING AT AN ANGLE POINT IN THE SOUTHERLY BOUNDARY LINE OF PARCEL 1 OF SAID CERTIFICATE OF COMPLIANCE RECORDED SEPTEMBER 27, 1985 AS FILE NO. 85359768 OF OFFICIAL RECORDS, SAID POINT BEING THE EASTERLY TERMINUS OF THAT COURSE SHOWN AND DESCRIBED IN SAID CERTIFICATE OF COMPLIANCE AS NORTH 83”i2’01” WEST, 254.06 FEET; THENCE RETRACING ALONG SAID SOUTHERLY BOUNDARY LINE, NORTH 83”41’35” WEST (RECORD= NORTH 83”42’01” WEST), 81.33 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTHERLY BOUNDARY LINE, NORTH 83”41’35” WEST, 60.00 FEET; THENCE LEAVING SAID SOUTHERLY BOUNDARY LINE, NORTH 24”28’09” WEST, 177.59 FEET; THENCE NORTH 1 l”O7’25” EAST, 90.44 FEET; THENCE NORTH 56”27’40” EAST, 153.60 FEET; THENCE NORTH ll”O7’25” EAST, 185.00 FEET; TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF PALOMAR AIRPORT ROAD AS DESCRIBED IN DEEDS RECORDED AUGUST 25, 1988 FILE NO. 88-426571 AND 88426572 OF OFFICIAL RECORDS SAID POINT BEING ON THE ARC OF A 2175.00 COOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 05”08’05” EAST, THENCE EASTERLY ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF OO”52’41” A DISTANCE OF 33.33 FEET TO THE BEGINNING OF A COMPOUND 25.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE LEAVING SAID SOUTHERLY RIGHT-OF-WAY LINE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 15”28’52” A DISTANCE OF 6.7i FEET; THENCE SOUTH 12”17’34”. WEST, 245.05 FEET; THENCE SOUTH 16”00’35” WEST, 48.56 FEET; THENCE SOUTH 89”50’07” WEST, ? 15.00 FEET; THENCE SOUTH 11”07’25” WEST, 53.00 FEET; THENCE SOUTH 71”12’10” EAST, 106.06 FEET; THENCE SOUTH 83”32’21” WEST, 35.16 FEET; THENCE SOUTH 04”35’28” WEST, 67.68 FEET; THENCE SOUTH 72”36’17” EAST, 61.37 FEET; THENCE SOUTH 15”26’47” WEST, 58.25 FEET TO THE TRUE POINT OF BEGINNING. DESCRIBED PARCEL OF LAND CONTAINS 0.750 ACRE MORE OR LEGEND: ml INDICATES SLUPE EASEMENT li!zEl INDICATES TEMPORARY CONSTRUCTIObJ EASEMENT A\\ 1 INDICATES DRAINAGi EASEMENT*. +** -LO 3 29022’30’ 25.00 12.82 29022’30’ 45.00 23.07 87O 19’53’ 25.00 30.11 O”52’4i’ 2175.00 33.33 79e35’3e” 25.00 34.73 15’28’52’ 25.00 6.75 N 04’35’28”E 67.68 N 15’26’47”E 56.25 I 2O23.33” ) 1349.00 I L 56.33 1 N 83’32’2l”E 1 75.16 0 N 72’36’ 17”W 70.53 63 3°50’08* 1462.00 97.07 v 1 I I 20 11’09’ 1462.00 I 55.78 (ib 6°01’17’ 1462.00 1 153.65 PARCEL 2 CERTIFICATE OF hl COMPUANCE RECORDED g/27/85, LE NO. 85459768. O.R. PORTION OF PALOMAR .AIRPORT ROM FILE NO’S. Be-426571 AN0 88-426572 OF O.R. o,\ \ i PARCEL “ID” 5 I -3) _. ,..h ..Ya.--..II. - C.-Y”.,*-.-” “-1. I.., - -L 2’ “llN.C~k? a. APCAI-1ATFC CAN lll~C(), INC. PARCEL 3 CERTIFICATE OF COMPLIANCE RECORDED g/27/85. NJ. 346Y FILE NO. 85-359769. O.R. ‘WC - SURVEYING ‘I - SAN DIEW. CA 92121 9) MR-1414 APN 212-040-39 PUNNING - ENGINEEi 10179 HVENNEKENS STREE (6i9) 558-4500 - FAX (61.. ~.~ PARCEL& - 66’35’33’W --- &5 Rs.- rPPLICANT : DEDlCA-llON PLAT - Cl? OF CARLSBAD PREPARED BY: 1 PROJECT: 1 A.P.N.: 212-040-49 ‘AC WEST GROUP, INC. 550 WEST ” C” STREET xrrE 1750 SAN OIEGO. CA 92101 :619) 544-9100 %I& #& yx/z -*-9-g SLOPE EASEMENT AND f&N W. HILL, dk L.S. TEIUPGRARY CoNsmucnoN 5669 a-m-f AND DRAINAGE EXPIRES: 9/‘30/99 EASDAENT EXHIi3IT’Ej PR 3 7116 State of California County of a On 1 -l\-cm Date , before me, personally appeared (?!&h & !g- , Name(s) of Stgner(s) a personally known to me 3 proved to me on the basis of satisfactory evidence to be the person(ej whose name@) is/a subscribed to the within instrument and acknowledged to me that he/m executed the same in his/be-&b& authorized capacity&e& and that by his/WfAJ+eir signature@) on the instrument the person@, or the entity upon behalf of which the person(s) acted, executed the instrument. ESS my hand and official seal. Place Notary Seal Above Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: I- 1 \-o & Signer(s) Other Than Named Above: Number of Pages: cc&d. Capacity(ies) Claimed by Signer Signer’s Name: cl Individual 0 Corporate Officer - Title(s): 0 Partner - Cl Limited 0 General Cl Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: Top of thumb here 0 1999 Natmal Notary Amxiation - 9350 De Soto AYO.. PO Box 2402 - Chatsworth, CA 91313-2402 * wwmationalnotaryorg Prod. No. 6907 Reorder: Call To&Free 1-600-676-6627 January 17, 2002 San Oiego 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 DoeHer Sr. Off ice Specialist Enclosures (3) 1200 Carlsbad Village Drive l Carlsbad, CA 92008-l 989 - (760) 434-2808 @