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HomeMy WebLinkAboutCT 11-04; Presidio Cornerstone QC LLC; 2015-0107502; Maintenance AgreementDOC# 2015-0107502 RECORDING REQUESTED BY: City of Carisbad Development Services Department WHEN RECORDED MAILTO: City Clerk City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad.CA. 92008 Mar 09, 2015 04:15 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr SAN DIEGO COUNTY RECORDER FEES: $56.00 SPACE ABOVE THIS LINE FOR RECORDER S USE ASSESSOR'S PARCEL NO. PROJECT ID. 167-040-21 and 168-011-20 CT 11-04 LEVEE MAINTENANCE AGREEMENT DATE OF AGREEMENT: >|^rc^ &,2C>iS Presidio Cornerstone QC LLC, a Delaware limited liability OWNER NAME: company PROJECTNAME: South Coast Materials Quarry RESOLUTION NUMBER: 6938 CONDITION NUMBER: _41 DRAWING NUMBER: DWG 470-5A, and G11-0002 Levee Maintenance Plan, Quarry Creek Vesting Tentative Map LEVEE MAINTENANCE PLAN: (CT 11-04) by Chang Consultants dated March 2,2015 This Agreement is made and entered into by and among the City of Carlsbad, a Municipal Corporation of the State of California, hereinafter referred to as "City"; the City of Oceanside, a Municipal Corporation of the State of Califomia, herein referred to as "Oceanside" and Presidio Cornerstone QG, LLC, a Delaware limited liability company, its successors and assigns, hereinafter referred to as "Owner". The term "successors and assigns" as used in this Agreement includes, but is not limited to, an "Association" as defined in Civil Code Section 1351(a) and commonly referred to as a property owners association. RECITALS WHEREAS, Owner is proceeding to develop a property more particularly described in Exhibit A, hereinafter referred to as "the Property"; and Page 1 of 8 Rev 6/8/2011 WHEREAS, development of the Property has been approved by the City, and is subject to the requirements of the Code of Federal Regulations Title 44, Section 65.10 (44 CFR 65.10) and the National Flood Insurance Program (NFIP) administered by Federal Emergency Management Agency (FEMA); and WHEREAS, the Owner Is required to comply with all Federal, State and Local flood protection regulations by employing a levee facility to ensure that protection from the base flood exists; and WHEREAS, the City, Oceanside, and the Owner, its successors and assigns agree that the health, safety, and welfare of the residents of Carlsbad California, require that a levee facility be established, constructed, inspected, and operated and maintained in perpetuity on the Property; and WHEREAS, 44 CFR 65.10 and FEMA's National Flood Insurance Program (NFIP) require that the levee facility be constructed and adequately inspected, operated and maintained by the Owner, its successors and assigns, including any homeowner or property owner association; and WHEREAS, the Owner has caused to be prepared a Levee Maintenance Plan and drawings DWG 470-5A and Gl 1-0002 which together detail the objectives, design, construction, inspection and operation and maintenance responsibility requirements of the levee facility to ensure protection of the development of the Property from the base flood, hereinafter collectively referred to as the "Levee Maintenance Plan" and incorporated herein by this reference; and, WHEREAS, the Code of Federal Regulations Title 44, Section 65.10 (d) and FEMA's National Flood Insurance Program (NFIP) require that the City ensure the continued existence and inspection, operation and maintenance of the levee facility; and WHEREAS, the City has required the recordation of this Agreement as a condition of approval of the project that secures the construction, inspection, operation and maintenance of the levee facility by the Owner, its successors and assigns, including any property owners association, in perpetuity; Page 2 of 8 Rev 6/8/2011 NOW, THEREFORE, in consideration of the approval of this project, the foregoing promises, the mutual covenants contained herein, and the following terms and conditions. Owner, City and Oceanside agree as follows: 1. Oceanside transfers to the City its jurisdictional responsibilities to ensure continued existence and inspection, operation and maintenance of the levee facility for that portion of the Levee located within the City of Oceanside as shown on GR 11-0002. 2. The City accepts the said jurisdictional responsibilities from Oceanside for that portion of the Levee within the City of Oceanside as shown on GR 11-0002. 3. In the event that the transfer of jurisdictional responsibilities described in paragraphs 1 and 2, above, is declared by FEMA or found by a court to be ineffective or void, then Oceanside shall have the same rights as the City under this agreement. 4. Owner shall comply with all the requirements of 44 CFR 65.10 and FEMA's National Flood Insurance Program (NFIP) regulations and any applicable amendments thereto, and with any other provisions of law 5. The levee facility shall be established and constructed by Owner, its successors and assigns, in accordance with the plans and specifications identified in the grading plan DWG 470-5A and modification to the approved levee facility shall not be made without prior approval of the City. 6. Owner, its successors and assigns, including any homeowner or property owner association, shall adequately inspect, operate and maintain the levee system in accordance with the Levee Maintenance Plan. Maintenance includes but is not limited to geotechnical stability, height, freeboard, integrity of embankment, embankment protection, settlement, erosion, siltation, riprap degradation, landscaping, outlet structures, degradation due to root damage, integrity of subsurface drainage system, integrity of impermeable core, integrity of access road as well as all private structures, improvements, and vegetation and any other items and associated practices and programs deemed necessary to the proper functioning of the levee. Adequate maintenance is herein defined as that necessary to keep the levee facility in good working condition so that it is performing in accordance with Its design objectives and functions. Page 3 of 8 Rev 6/8/2011 7. Owner, its successors and assigns, shall Inspect the levee facility as often as conditions require, or at frequencies recommended in the Levee Maintenance Plan, but in any event at least once each year prior to the rainy season. The purpose of the inspection is to assure continued safe and proper functioning of the facility. The inspection shall cover the entire facility, outlet structures, and access roads, etc. Owner shall submit an inspection report annually prior to 30th of December, to the City in a form as prescribed in the Levee Maintenance Plan or as may be prescribed by the City. Deficiencies shall be noted in the inspection report. Any deficiencies, repairs or maintenance obligations shal! be noted in a record form and immediately remedied by the Owner. 8. Owner shall maintain inspection, operation and maintenance records for at least five (5) years. These records shall be made available to the City for inspection upon request at any time. 9. Owner, its successors and assigns, hereby grant permission to the City, its authorized agents and employees, to enter upon the Property and to inspect the levee facility whenever the City deems necessary. The purpose of inspection is to follow-up on reported deficiencies to respond to State and Federal mandated levee facility inspection requirements and/or to respond to citizen complaints. The City shall provide Owner, its successors and assigns, copies of the inspection findings prepared as a result of such Inspection and a directive to commence with the repairs or corrective measures if necessary. 10. In the event the Owner, its successors and assigns, fails to take corrective action to maintain the levee facility in good working condition acceptable to the City, the City may enter upon the Property and take whatever steps necessary to correct deficiencies identified in the inspection report and to charge the costs of such repairs to the Owner, its successors and assigns. This provision shall not be construed to allow the City to erect any structure of permanent nature on the land of the Owner outside the limits of the permanent levee facility footprint described on the Levee Maintenance Plan. It is expressly understood and agreed that neither the City nor Oceanside is Page 4 of 8 Rev 6/8/2011 ' under any obligation to routinely maintain or repair said facilities, and in no event shall this Agreement be construed to impose any such obligation on the City or Oceanside. 11. Owner, its successors and assigns, will perform the work necessary to keep the permanent levee system in good working order as appropriate. The maintenance schedule outlined in the approved Levee Maintenance Plan shall be followed. 12. In the event the City pursuant to this Agreement, performs work of any nature, or expends any funds in performance of said work for labor, use of equipment, supplies, materials, and the like, the Owner, its successors and assigns, shall reimburse the City upon demand, within thirty (30) days of receipt thereof for all actual costs incuned by the City hereunder. If not paid within the prescribed time period, the City shall be entitled to secure a lien against the Property in the amount of such costs. The actions described in this section are In addition to and not in lieu of any and all legal remedies available to the City as a result of Owner's failure to maintain the permanent levee facility. 13. Owner agrees that the levee facility is privately-owned, operated and maintained by the Owner and acceptance of the work by the City shall not constitute a responsibility of the City to maintain it nor a Waiver of Defects by City of Carlsbad. 14. Owner agrees that all residual material that is a byproduct of the proper operation and maintenance of permanent levee facility will be disposed of according to all federal, state and local regulations. 15. Unless otherwise specifically provided herein, all notices, demands or other communications given hereunder shall be in writing and shall be deemed to have been duly delivered upon personal delivery, or by Federal Express (or similar reputable express delivery service) or by facsimile transmission with back-up copy mailed the same day, or as of the second business day after mailing by United States Certified Mail, return receipt requested, postage prepaid, addressed as shown below. Notices required to be given to Owner shall be addressed as follows: Page 5 of 8 Rev 6/8/2011 Notices to the Owner shall be delivered to the following: Presidio Cornerstone QC, LLC c/o Cornerstone Communities, LLC 4365 Executive Drive, Suite 600 San Diego, California 92121 Attention: Ure Kretowicz Phone (858) 458-9700 Fax (858) 452-3600 Notices to City shall be delivered to the following: City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Attention: Utilities Director Telephone No.: (760) 438-2722 Facsimile No.: (760) 602-8562 Notices to Oceanside shall be delivered to the following: City of Oceanside 300 North Coast Hwy. Oceanside, CA 92054 Attention: City Engineer Telephone No.: (760)435-5074 Facsimile No.: (760)435-1460 Each party shall notify the other immediately of any changes of ownership or address that would require any notice delivered hereunder to be directed to another Owner and/or to another address. In the event Owner fails to notify City and Oceanside of any change of ownership, the new Owner and the Owner whose name appears above, or whose name and address has been subsequently provided to the City and Oceanside pursuant to this provision, shall jointly be responsible for the operation and maintenance of the levee facility on the Property and for any required annual verification statements until such time as the City and Oceanside are provided notification of the name and address of the new or subsequent Owner, pursuant to the provisions of this section. 16. Neither the City, nor Oceanside, nor any officer or employee thereof shall be liable for any injury to persons or property occasioned by reason of the acts or omission of Owner, its agents or employees in the performance of this Agreement. Owner further agrees to protect and hold harmless City, Oceanside, their officials and employees from any and all claims, demands. Page 6 of 8 Rev 6/8/2011 • hold harmless City, Oceanside, their officials and employees from any and all claims, demands, causes or action, liability or loss of any sort because or arising out of acts or omissions of Owner, its agents or employees in the performance of this Agreement, including claims, demands, causes of action, liability, or loss because of or arising out of the design or construction of the levee facility. Said indemnification and Agreement to hold harmless shall extend to injuries to person and damages or taking of property resulting from the design or construction of said permanent levee facility as provided herein, and to any adjacent property owner as a consequence of the diversion of waters from the design, construction or maintenance of drainage systems, streets, and other Improvements. 17. This Agreement shall be recorded against the Property and shall constitute a covenant running with the land and shall be binding upon Owner. 18. Invalidation of any one of the provisions of this Agreement shall in no way effect any other provisions and all other provisions shall remain in full force and effect. /// /// /// /// /// /// /// /// /// /// /// /// /// Page 7 of 8 Rev 6/8/2011 IN WITNESS WHEREOF, this Agreement is executed by the City of Carlsbad, acting by and through its City Manager, pursuant to Section 20.16.060 of the Carlsbad Municipal Code authorizing such execution, the City of Oceanside and by Owner. OWNER(s) CITY OF CARLSBAD, a municipal corporation of the Statrf of California Presidio Cornerstone QC LLC, a Delaware limited liability company By: Cornerstone Communities, LLC, a California limited liability company, its Operating JWanager By: Ure R. Kretowicz, Manager on Geldert, P.E, City Engineer 63912 Exp. 9/30/2016 APPROVED AS TO FORM: CELIA BREWER, City Attorney Ron Kemp, Assistant aity Attorney CITY OF OCEANSIDE, a municipal corporation of the State of California By: ^^^^^ ^ Scott d. Smith, PE, City En City En^neer RCEC58655 Exp. 12/31/2016 APPROVED AS TO FORM: John Mullen, City Attorney Barbara Hamilton, Assistant City Attorney (Proper notarial acknowledgment of execution by OWNER must be attached) Page 8 of 8 Rev 6/8/2011 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of On OIOI ) 4# before me. Date personally appeared Here Insert Name and Title of the Officer Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the personj^ whose nam^ is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/b©f/their authorized capacity(ia^, and that by his/b©ft#ieir signature's^ on the instrument the personf^, or the entity upon behalf of which the person(^) acted, executed the instrument. COMM. •1961800 m I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature, 'ubiic Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document , < JL^ Title or Type of Document: '(f[a]i}\yYir)Cr mf^Cl^ocument Date: 3/3 Number of PaoGf?: Sinnerfs^ Other Than Named Ahnue- • / Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: • Corporate Officer — Title(s): • Partner — • Limited • General • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: Signer's Name: • Corporate Officer — Title(s): • Partner — • Limited • General • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 CALiFORNiA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE §1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the tmthfulness, accuracy, or validity of that document. State of California ) Countv of ^QY^ \:)\ ec^O ) On ^^^/^rV> cgpl'T before me, ~^arxx\\ v^v'ban, ^Q.-kxm 'PoUl^ Here Insert Name and Title of tfie Officer Dafe personally appeared Name(4) of Signer(^ who proved to me on the basis of satisfactory evidence to be the person(ji) whose nameji^ is/q>ife subscribed to the within instrument and acknowledged to me that he/^e/^y executed the same in his/h<^r/th^ authorized capacity(ip«), and that tw his/heK/tb^r signature(8^ on the instrument the person(8), or the entity upon behalf of which the person(^ acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. FARAH NISAN Coimnission # 2088884 Notary PubHc • California i ° San Diego County g My Comm. Expires Nov 6, 2018 { I Signature. Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document Title or Type of Document: Number of Pages: Signer(s) Other Than Named Abovej^ Capacity(ies) Claimed by Signer(s) Signer's Name: Document Date: • Corporate Officer — Title(s) • Partner - • Limited • Gen • Individual • Attomeylri Fact • Trustee njadmiian or Conservator • Other: Signer Is ©2014 National Notary Association • www.NationalNotary.org • 1 -800-US NOTARY (1 -800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE §1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San DfdjO On I^Cird) Sf 10[5 Date personally appeared ) before me, VIDAMURRELL, NotaryPubiic Here Insert Name and Title of the Officer Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(^ whose name^) is/aiw subscribed to the within instrument and acknowledged to me that he/ehe/they executed the same in his/tief/thetr authorized capacity{tes), and that by his/hentheir signature(^ on the instrument the person(^ or the entity upon behalf of which the person(e) acted, executed the instrument. vtOAinmREu t CoimiiniM#1f7t776 t natmypme'CmmU | SM Oii|o CoMMy * I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ignature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the dpcijment or fraudulent reattachment of this form to an unintended document ^ Description of Attached Document Title or Type of Document: Number of Pages: Signer(s) Other Than Named Capacity(ies) Claimed by Signer(s) Signer's Name: Docu • Corporate Officer — Title(s): • Partner — • Limited • General • Individual • Attorney in F • Trustee • GuardiantSrConservator • Other: Signer Is Represen signer's Name: • Corporate Officer — Title(s): • Partner - • Limited • General • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Other: . Signer Is Representing: ational Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Exhibit A Real property in the City of Carisbad, County of San Diego, State of California, described as follows; PARCEL 1: (APIM: 167-040-11-00) ALL THAT PORTION OF RANCHO AGUA HEDIONDA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PATENT MAP THEREOF, RECORDED IN BOOK 1, PAGE 150 OF PATENTS, FILED IN THE OFRCE OFTHE COUNTY RECORDER OF SAN DIEGO COUNTY, DESCRIBED AS FOLLOWS: COMMENQNG AT CORNER NO. 2 OF SAID RANCHO HEDIONDA; THENCE SOUTH 30° 03' WEST ALONG THE WESTERLY LINE THEREOF, 274.80 FEET, MORE OR LESS, TO THE CENTER LINE OF THE RELOCATION OF COUNTY HIGHWAY COMMISSION ROUTE 14, FROM OCEANSIDE TO VISTA, ACCORDING TO MAP THEREOF, FILED IN THE OFRCE OF COUNTY SURVEYOR OF SAN DIEGO COUNTY; THENCE ALONG SAID CENTER LINE, AS FOLLOWS: SOUTH 74* 48' EAST, 531.12 FEETTO THE BEGINNING OF A CURVE TO THE LEFT, HAVING A RADIUS OF 2,000.00 FEET; ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 6° 38', A DISTANCE OF 231.55 FEET; SOUTH 83° 31' EAST (DEED SOUTH 81° 26' EAST), 2,345.90 FEET TO THE BEGINNING OF A CURVE TO THE LEFT, HAVING A RADIUS OF 2,000.00 FEET; ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 12° 19' A DISTANCE OF 429.93 FEET; NORTH 84° 10' EAST (DEED NORTH 86° 15' EAST) 145.34 FEETTO THE BEGINNING OF A CURVE TO THE LEFT HAVING A RADIUS OF 400.00 FEET; ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 6° 38', A DISTANCE OF 258.19 FEET; NORTH 47° 11' EAST (DEED NORTH 49° 16' EAST) 100.27 FEET, MORE OR LESS TO THE INTERSECTION WITH THE WESTERLY LINE OF LAND DESCRIBED IN DEED TO ROSA MARRON, DATED DECEMBER 10, 1902 AND RECORDED IN BOOK 324, PAGE 114 OF DEEDS; THENCE ALONG SAID WESTERLY LINE, SOUTH 7° 36' 16" EAST (DEED SOUTH 7° 35' WEST) 1,171.22 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 7° 36' 16" EAST ALONG SAID WESTERLY UNE, 880.00 FEETTO THE SOUTHWESTERLY CORNER THEREOF, BEING ALSO THE SOUTHEASTERLY CORNER OF LAND DESCRIBED IN DEED TO JOE A. MARRON, DATED APRIL 18, 1918 AND RECORDED IN BOOK 754, PAGE 301 OF DEEDS; THENCE SOUTH 67° WEST, ALONG THE SOUTHERLY LINE OF SAID LAND, 1,709.40 FEETTO THE MOST SOUTHERLY CORNER THEREOF; THENCE NORTH 59° WEST ALONG SAID SOUTHERLY QNE, 900.09 FEET TO THE MOST SOUTHERLY CORNER OF U\ND DESCRIBED IN DEED TO JUAN M. MARRON DATED AUGUST 11, 1913 AND RECORDED IN BOOK 616, PAGE 414 OF DEEDS; THENCE NORTH 16° 07' 10" EAST 890.00 FEET TO AN INTERSECTION WITH A LINE WHICH BEARS SOUTH 83° 37' 09' WEST FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 83° 37' 09" EAST, 1,993.84 FEETTO THE TRUE POINT OF BEGINNING. PARCEL 2: (APN: 167-040-21-00) THAT PORTTON OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CAQFORNIA, ACCORDING TO PARTITION MAP NO. 823, RLED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 15, 1896, DESCRIBED AS FOLLOWS: BEGINNING ATTHE NORTHEASTERLY CORNER OF LOT "J" OF SAID RANCHO; THENCE SOUTHWESTERLY ALONG THE NORTHWESTERLY LINE OF SAID LOT "J" SOUTH 69° 36' 25" WEST 2,149.10 FEET RECORD SOUTH 69° 36' 00" WEST 2,152.00 FEET, MORE OR LESS TO THE SOUTHERLY PROLONGATION OF THE WESTERLY LINE OF THE LAND DESCRIBED IN DEED TO ROSA MARRON, RECORDED MAY 1, 1903 IN BOOK 324, PAGE 114 OF DEEDS, RECORDS OF SAN DIEGO COUNTY; THENCE NORTHERLY ALONG SAID PROLONGATION AND SAID WESTERLY LINE NORTH 05° 23' 20" WEST, RECORD NORTH 07° 35' 00" WEST, 1,906.40 FEET, TO AN INTERSECTION WITH THE SOUTHERLY LINE OF LAND DESCRIBED IN A DEED TO THE STATE OF CALIFORNIA FOR FREEWAY PURPOSES, RECORDED NOVEMBER 13, 1964 AS FILE NO. 206558 OF OFRCIAL RECORDS; THENCE ALONG SAID SOUTHERLY BOUNDARY, NORTH 54° 35' 03" EAST 61.20 FEET, RECORD NORTH 54° 12' 28" EAST 66.68 FEET; NORTH 62° 19' 49" EAST, RECORD NORTH 61° 50' 14", EAST 781,78 FEET; NORTH 70° 22'43" EAST, RECORD NORTH 70° 00' 08" EAST, 160.25 FEET; NORTH 53° 37' 35" EAST, RECORD NORTH 53° 15' 00" EAST, 60.91 FEET; NORTH 11° 22' 59" EAST, RECORD NORTH 11° 00' 24" EAST, 91.21 FEET; NORTH 69° 05' 01" EAST, RECORD NORTH 68° 42' 26" EAST, 625.00 FEET; SOUTH 71° 01' 22" EAST, RECORD SOUTH 71° 23' 57" EAST, 97.79 FEET; SOUTH 29° 15' 52" EAST, RECORD SOUTH 29° 38' 27" EAST, 45.80 FEET; NORTH 89° 44' 27" EAST, RECORD NORTH 89° 21' 52" EAST, 97.35 FEET; NORTH 51° 23' 56" EAST, RECORD NORTH 51° 01' 21" EAST, 180.95 FEET; NORTH 79° 55' 20" EAST 17.18 FEET, RECORD NORTH 79° 32' 45" EAST, 17.12 FEET; NORTH 82° 05' 47" EAST, RECORD NORTH 81° 43' 12" EAST 32.23 FEET; NORTH 20° 31' 54" EAST, RECORD NORTH 28° 09' 19 EAST, 25.12 FEET; NORTH 63° 40' 35" EAST, RECORD NORTH 63° 18' 00" EAST, 67.81 FEET; AND NORTH 84° 42' 03" EAST 126.8 FEET, RECORD NORTH 84° 19' 28" EAST 135.48 FEET, TO THE INTERSECHON WTTH THE HEREINBEFORE SAID EASTERLY LINE OF LAND CONVEYED TO SILVESTRE MARRON, SAID POINT OF INTERSECHON BEING ALSO FOR REFERENCE ALONG A RADIAL LINE SOUTH 18° 13' 52" EAST 202.64 FEET FROM THE ENGINEER'S STATION 195 PLUS 95.37 P.O.C. CENTER LINE OF THE DEPARTMENT OF PUBLIC WORKS 1951 SURVEY FOR ROAD XI-SD-196-OCN-A; THENCE SOUTH 01° 19' 47" EAST, 2,063.50 FEETTO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION, IF ANY, LYING NORTHERLY OF THE SOUTHERLY LINE OF LAND DESCRIBED IN A FINAL ORDER OF CONDEMNATION, RECORDED APRIL 29, 1954 IN BOOK 5223, PAGE 37 OF OFFICIAL RECORDS. ALSO INCLUDING: THOSE PORTIONS OF THAT CERTAIN PARCEL OF U\ND RELINQUISHED TO THE CITY OF CARLSBAD PER FILE/PAGE NO. 53001, RECORDED MARCH 29, 1968 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESIGNATED AS PARCELS 1 AND 2 OF STATE HIGHWAY MAP NO. 86 (RELINQUISHMENT MAP NO. 15091 PER FILE/PAGE NO. 185247, RECORDED NOVEMBER 24, 1967), ALSO BEING A PORTION OF LAND FORMERLY GRANTED TO THE STATE OF CALIFORNIA PER RLE/PAGE NO.'S 206558 AND 206559, RECORDED NOVEMBER 13, 1964, AS SHOWN ON CALTRANS RIGHT OF WAY MAP LO-27501; ALL OF OFFIQAL RECORDS OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 'A' BEGINNING ATA FOUND 1" IRON PIPE WITH DISC STAMPED "DIV HWYS" PER STATE HIGHWAY MONUMENTATION MAP M.S. 597, SAID PIPE MARKING THE SOUTHWEST CORNER OF SAID LAND GRANTED PER RLE/PAGE NO.'S 206558 AND 206559; THENCE ALONG THE SOUTHERLY BOUNDARY THEREOF THE FOLLOWING COURSES: NORTH 54°46'36" EAST, 66.63 FEET (NORTH 54°12'28" EAST, 66.68 FEET PER SAID RLE/PAGE NO.'S 206558 AND 206559); THENCE NORTH 62°33'21" EAST, 781.76 FEET (NORTH 61°57'14" EAST, 781.78 FEET PER SAID FILE/PAGE NO.'S 206558 AND 206559); THENCE NORTH 70°36'16" EAST (NORTH 70°00'08" EAST PER SAID FILE/PAGE NO.'S 206558 AND 206559), 119.15 FEETTO A POINT HERHN REFERRED TO AS POINT 'A'; THENCE LEAVING SAID SOUTHERLY BOUNDARY NORTH 12°21'04" WEST, 7.32 FEET TO THE BEGINNING OF A TANGENT 20.00 FOOT RADIUS CURVE, CONCAVE TO THE SOUTHWEST; THENCE NORTHWESTERLY, WESTERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 94°58'10" A DISTANCE OF 33.15 FEET TO THE BEGINNING OF A 670.00 FOOT RADIUS COMPOUND CURVE, A RADIAL LINE TO SAID BEGINNING BEARS NORTH 17°19'14" WEST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 09°14'38" A DISTANCE OF 108.10 FEET; THENCE SOUTH 63°26'08" WEST, 825.34 FEETTO A POINT ON THE WEST BOUNDARY OF SAID RLE/PAGE NO.'S 206558 AND 206559; THENCE ALONG SMD WEST BOUNDARY SOUTH 05°24'53" EAST, 51.04 FEETTO THE POINT OF BEGINNING. PARCEL 'B' COMMENCING ATTHE ABOVE-MENTIONED POINT 'A'; THENCE CONTINUING ALONG THE SOUTHERLY BOUNDARY OF SAID FILE/PAGE NO.'S 206558 AND 206559 THE FOLLOWING COURSES: NORTH 70°36'16" EAST (NORTH 70°00'08" EAST PER SAID FILE/PAGE NO.'S 206558 AND 206559), 41.10 FEET; THENCE NORTH 53°52'54 EAST, 21.31 FEET (NORTH 53°15'00" EAST PER SAID FILE/PAGE NO.'S 206558 AND 206559) TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 53°52'54 EAST 39.47 FEET; THENCE NORTH 11°37'15" EAST (NORTH 11°00'24" EAST PER SAID RLE/PAGE NO.'S 206558 AND 206559), 0.93 FEETTO A POINT HEREIN REFERRED TO AS POINT 'B'; THENCE LEAVING SAID SOUTHERLY BOUNDARY SOUTH 77°05'02" WEST, 16.99 FEET TO THE BEGINNING OF A TANGENT 20.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTHEAST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 79°37'19" A DISTANCE OF 27.79 FEETTO THE TRUE POINT OF BEGINNING. PARCEL 'C COMMENQNG ATTHE ABOVE-MENTIONED POINT 'B'; THENCE CONTINUING ALONG THE SOUTHERLY BOUNDARY OF SAID FILE/PAGE NO.'S 206558 AND 206559 THE FOLLOWING COURSES: NORTH 11°37'15" EAST (NORTH 11°00'24" EAST PER SAID FILE/PAGE NO.'S 206558 AND 206559), 90.34 FEET; THENCE NORTH 69°19'22" EAST, 624.95 FEET (NORTH 68°42'26" EAST, 625.00 FEET PER SAID FILE/PAGE NO.'S 206558 AND 206559); THENCE SOUTH 71°07'35" EAST, 97.96 FEET (SOUTH 71°23'57" EAST, 97.79 FEET PER SAID RLE/PAGE NO.'S 206558 AND 206559); THENCE SOUTH 28°32'25" EAST, 43.26 FEET (SOUTH 29°38'27" EAST PER SAID FILE/PAGE NO.'S 206558 AND 206559) TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 28°32'25" EAST, 2.90 FEET; THENCE NORTH 89°56'20" EAST, 97.33 FEET (NORTH 89°21'52" EAST, 97.35 FEET PER SAID FILE/PAGE NO.'S 206558 AND 206559); THENCE NORTH 51°35'17" EAST, 180.91 FEET (NORTH 51°01'21" EAST, 180.95 FEET PER SAID RLE/PAGE NO.'S 206558 AND 206559); THENCE NORTH 80°07'10" EAST, 17.12 FEET (NORTH 79°32'45" EAST, 17.12 FEET PER SAID FILE/PAGE NO.'S 206558 AND 206559); THENCE NORTH 82°17'31" EAST 32.22 (NORTH 81°43'12" EAST, 32.23 FEET PER SAID FILE/PAGE NO.'S 206558 AND 206559); THENCE NORTH 28°42'58" EAST, 25.11 FEET (NORTH 28°09'19" EAST, 25.12 FEET PER SAID RLE/PAGE NO.'S 206558 AND 206559); THENCE NORTH 63°50'06" EAST (NORTH 63°18'00" EAST PER SAID RLE/PAGE NO.'S 206558 AND 206559), 28.71 FEETTO THE BEGINNING OF A NON-TANGENT 958.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTHEAST, A RADIAL LINE TO SAID BEGINNING BEARS NORTH 20°50'18" WEST; THENCE LEAVING SAID SOUTHERLY BOUNDARY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 03°15'46" A DISTANCE OF 54.55 FEET; THENCE SOUTH 65°53'56" WEST, 217.21 FEETTO THE BEGINNING OF A TANGENT 470.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTHEAST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 05°51'00" A DISTANCE OF 47.99 FEET; THENCE SOUTH 60°02'56" WEST, 41.19 FEETTO THE TRUE POINT OF BEGINNING.