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HomeMy WebLinkAbout2022-11-15; City Council; ; Acquisition of Real Property along El Camino Real from Sunny Creek Road to Jackspar Drive for Widening El Camino RealCA Review CKM Meeting Date: Nov. 15, 2022 To: Mayor and City Council From: Scott Chadwick, City Manager Staff Contact: Brandon Miles, Associate Engineer brandon.miles@carlsbadca.gov, 442-339-2745 Hossein Ajideh, Engineering Manager hossein.ajideh@carlsbadca.gov, 442-339-2756 Subject: District: Acquisition of Real Property along El Camino Real from Sunny Creek Road to Jackspar Drive for Widening El Camino Real 2 Recommended Action Adopt a resolution authorizing Project Manager Brandon Miles, Real Estate Manager Curtis Jackson and consultant Dokken Engineering to negotiate with the owners of Assessor Parcel Nos. 209-60-48, 209-60-58, and 209-90-11, or their agents, for acquisition of real property and temporary construction easements for the widening of El Camino Real from Sunny Creek Road to Jackspar Drive (Capital Improvement Program Project No. 6094) at the estimated fair market value of $127,000. Executive Summary The City of Carlsbad is planning to widen northbound El Camino Real from Sunny Creek Road to Jackspar Drive to add a third vehicle lane to meet city design standards and the standards in the city’s General Plan and Growth Management Plan, which call for El Camino Real to be a six-lane roadway (Capital Improvement Program Project No. 6094). The city needs to acquire additional right-of-way from property owners along this segment to widen the roadway. The city will also need to obtain temporary access to some of the property through construction easements. In addition to providing an additional northbound vehicle lane, the project will provide new sidewalks, new streetlights, and enhanced buffered bike lanes. While the project predates the city’s declaration of a local state of emergency,1 the work supports the city’s emergency efforts to enhance traffic safety while improving circulation and ease of mobility for people using all forms of transportation. 1 The City Manager, who is also the Director of Emergency Services, proclaimed a state of local emergency for bike, e-bike and traffic safety on Aug. 23, 2022. The City Council ratified the proclamation seven days later. (Resolution No. 2022-214) The City Council extended the emergency for an additional 60 days on Oct. 18, 2022. (Resolution No. 2022-250) Nov. 15, 2022 Item #5 Page 1 of 41 An appraisal report estimated the market value for the real property that will need to be purchased at $39,866 and the market value of the temporary construction easements at $86,751. Staff recommend that the City Council authorize Project Manager Miles, Real Estate Manager Jackson and consultant Dokken Engineering to negotiate with the property owners, or their agents to acquire the property for the project. Legal descriptions of the property and easements are provided in Exhibit 3 and Exhibit 4. This item is being presented to the City Council in accordance with California Government Code Section 54956.8, which requires that a local agency hold an open and public session in which it identifies its negotiators, the real properties that are the subject of the negotiations, and the parties with whom its negotiators may negotiate. Discussion The city is planning to widen the northbound segment of El Camino Real for approximately 1,600 feet from Sunny Creek Road to Jackspar Drive to provide a six-lane arterial roadway that will be consistent with the city’s design standards, Growth Management Plan and Mobility Element, the part of the city’s General Plan focused on transportation. (See location map, Exhibit 2.) The design has been completed and the project is ready to move forward with negotiating with the property owners and acquiring the real property and easements needed to proceed with the project. The city has typically required private property owners to provide certain public improvements along the frontage of their projects when they develop their properties, as part of their site improvements and the conditions the city places on the project. However, in this case, there are no immediate plans to develop the properties and the city needs to improve traffic operations on El Camino Real to meet the requirements of the General Plan Mobility Element. Staff used a professional right-of-way agent for appraisals and property acquisition services who prepared appraisal reports for the property, which were then reviewed by staff. The estimated fair market value of the property interests is $127,000. Nov. 15, 2022 Item #5 Page 2 of 41 Property needed Square footage Value APN 209-060-48 Permanent right-of-way 1,557 $20,241 Temporary construction easement 8,540 $33,306 SUBTOTAL (rounded) $54,000 APN 209-060-58 Permanent right-of-way 844 $19,625 Temporary construction easement 1,242 $1,710 SUBTOTAL (rounded) $21,000 APN 209-090-11 Temporary construction easement 3,449 $51,735 SUBTOTAL (rounded) $52,000 TOTAL (rounded) $127,000 If the property owners are interested in selling the property interests for the appraised values described above, staff will return to the City Council for authority to complete the purchase. Options Staff provide the following options for the City Council’s consideration: 1. Authorize Project Manager Brandon Miles, Real Estate Manager Curtis Jackson and consultant Dokken Engineering to negotiate with the property owners, or the owners’ agents, for acquisition of three properties and easements at the estimated fair market value of $127,000 Pros • Provides the necessary right-of-way to construct improvements on the relevant segment of El Camino Real • Allows staff to negotiate with the property owners to acquire the needed right- of-way • The project will improve all modes of mobility in the project area with the additional right-of-way Cons • None identified Nov. 15, 2022 Item #5 Page 3 of 41 2.Do not authorize Project Manager Brandon Miles, Real Estate Manager Curtis Jackson and consultant Dokken Engineering to negotiate with the property owners, or the owners’ agents, for acquisition of the three properties at the estimated fair market value of $127,000 Pros • None identified Cons •The project’s proposed third vehicle travel lane could not be constructed as currently designed because of insufficient right-of-way for public purposes •Inaction would result in continued congestion in the roadway with possible increases in congestion in the future •The proposed additional northbound vehicular through travel lane on El Camino Real and sidewalk improvements would not be possible Staff recommend Option 1. Fiscal Analysis Sufficient funding has been appropriated from TransNet, the county sales tax that funds transportation projects. Fiscal impacts and estimated costs for acquisition of the property interests are shown in the following table: Next Steps Upon City Council approval, Project Manager Miles, Real Estate Manager Jackson, and consultant Dokken Engineering will negotiate and make offers to the property owners, or their agents, based on the appraised fair market value. If the property owners are interested in selling the property interests for the appraised values described above, staff will return to the City Council for authority to complete the purchase. El Camino Real Widening from Sunny Creek Road to Jackspar Drive Capital Improvement Program Project No. 6094 Total appropriation to date $5,010,000 Total expenditures and encumbrances to date $506,578 Total available funding $4,503,422 Additional project costs Grant deed – APN 209-060-48 $20,241 Temporary construction easement – APN 209-060-48 $33,306 Grant deed – APN 209-060-58 $19,625 Temporary construction easement – APN 209-060-58 $1,710 Temporary construction easement – APN 209-090-11 $51,735 Total acquisition $126,617 Total acquisition (rounded) $127,000 Remaining balance $4,376,422 Additional appropriation needed $0 Nov. 15, 2022 Item #5 Page 4 of 41 Environmental Evaluation The City Planner, through the process outlined in Carlsbad Municipal Code Section 19.04.060, has determined that the project belongs to a class of projects that the State Secretary for Natural Resources has found do not have a significant impact on the environment. It is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Guideline Section 15303(d) Class 3 of the California Environmental Quality Act. In making this determination, the City Planner has found that the exceptions listed in Section 15300.2 of the Guidelines do not apply to this project. The project is consistent with 15303(d) Class 3 because it consists of construction limited to new facilities, such as street improvements of reasonable length to serve such construction. The project fills in an existing gap in pedestrian and street facilities. A notice of this determination was circulated to the public for a 10-day period, which began on Oct. 19, 2022, and ended on Oct. 31, 2022, and no appeal was filed. Public Notification This item was noticed in accordance with the Ralph M. Brown Act and was available for viewing at least 72 hours prior to the posting of the agenda. Exhibits 1.City Council resolution 2.Location map 3.Legal descriptions and grant deed easements - APN 209-060-48, APN 209-060-58 4.Legal descriptions and temporary construction easements - APN 209-060-48, APN 209-060- 58, APN 209-090-11 Nov. 15, 2022 Item #5 Page 5 of 41 RESOLUTION NO. 2022-260 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING PROJECT MANAGER BRANDON MILES, REAL ESTATE MANAGER CURTIS JACKSON AND CONSULTANT DOKKEN ENGINEERING TO NEGOTIATE WITH THE OWNERS OF ASSESSOR PARCEL NOS. 209-60-48, 209-60-58, AND 209-90-11, OR THEIR AGENTS, FOR ACQUISITION OF REAL PROPERTY AND TEMPORARY CONSTRUCTION EASEMENTS FOR THE WIDENING OF EL CAMINO REAL FROM SUNNY CREEK ROAD TO JACKSPAR DRIVE (CAPITAL IMPROVEMENT PROGRAM PROJECT NO. 6094) AT THE ESTIMATED FAIR MARKET VALUE OF $127,000 WHEREAS, the City Council of the City of Carlsbad, California, has determined it necessary, desirable and in the public interest to provide road improvements along El Camino Real from Sunny Creek Road to Jackspar Drive; and WHEREAS, El Camino Real Widening from Sunny Creek Road to Jackspar Drive, Capital Improvement Program, or CIP, Project No. 6094, or the Project, provides an additional northbound vehicular travel lane, sidewalk, and enhanced buffered bike lanes; and WHEREAS, a portion of the Project will include widening northbound El Camino Real to add a third vehicular travel lane that will require additional right-of-way and temporary construction easements along El Camino Real between Sunny Creek Road and Jackspar Drive from Assessor Parcel Nos. 209-60-48, 209-60-58, and 209-90-11, or the Subject Property; and WHEREAS, a portion of CIP Project No. 6094 is located outside the existing city right-of-way boundary; and WHEREAS, the fair market value of fee simple right-of-way and temporary construction easement interests from the Subject Property was recently appraised at approximately $127,000; and WHEREAS, sufficient funding from TransNet-Local funds is available in the Project account for the acquisition of the property interests; and WHEREAS, California Government Code Section 54956.8 requires that a local agency hold an open and public session in which it identifies its negotiators, the real property or properties which the negotiations may concern, and the person or persons with whom its negotiators may negotiate; and WHEREAS, staff recommends that the City Council authorize Project Manager Brandon Miles, Real Estate Manager Curtis Jackson and consultant Dokken Engineering to negotiate with the property owners, or their agents, for acquisition of the right-of-way and construction easements from Subject Property; and Exhibit 1 Nov. 15, 2022 Item #5 Page 6 of 41 owners, or their agents, for acquisition of the right-of-way and construction easements from Subject Property; and WHEREAS, the City Planner, through the process outlined in Carlsbad Municipal Code Section 19.04.060, has determined that the project belongs to a class of projects that the State Secretary for Natural Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15303(d) Class 3 of the California Environmental Quality Act, or CEQA, Guidelines; and WHEREAS, in making this determination, the City Planner has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. The project is consistent with 15303(d) Class 3 because it consists of construction limited to new facilities, such as street improvements of reasonable length to serve such construction. The project fills in an existing gap in pedestrian and street facilities. The notice was circulated to the public for a 10-day period, which began on Oct. 19, 2022, and ended on Oct. 31, 2022, and no appeal was filed. 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 City Council authorizes the Project Manager Brandon Miles, Real Estate Manager Curtis Jackson and consultant Dokken Engineering to negotiate with the owners of the Subject Property, or their agents, for acquisition of the right-of-way and temporary construction easements from the Subject Property at the estimated fair market value of $127,000. 3.That if the property owners are interested in selling the property interests for the appraised values, Project Manager Brandon Miles, Real Estate Manager Curtis Jackson and consultant Dokken Engineering will return to the City Council for authority to complete the purchase. Nov. 15, 2022 Item #5 Page 7 of 41 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 15th day of November, 2022, by the following vote, to wit: AYES: NAYS: ABSENT: Blackburn, Bhat-Patel, Acosta, Norby. Hall. None. � FAVIOLA MEDINA, City Clerk Services Manager (SEAL) Nov. 15, 2022 Item #5 Page 8 of 41 EL C A M I N O R E A LJACKSPAR DRRE E F C R SUNNY CREEK RDLONGFELLO W R D FO R E C A S T L E C T DON M I G U E L D R FROST AV CAMINO HILLS DRKEA T S P L DON QUIXOTE DRDON TOMASO DRRANCHO CARLSBAD DRBYRON PL PLOT DATE: 6/16/2021 PATH: S:\EngGIS\Madison_Power\Location maps\El Camino Real Widening- Sunny Creek road to Jackspar.mxd PROJECT NAME EXHIBITPROJECTNUMBER60942EL CAMINO REAL WIDENING FROM SUNNY CREEK ROAD TO JACKSPAR DRIVE LOCATION MAP CARLSBAD VISTA OCEANSIDE ENCINITAS SAN MARCOS Vicinity Map ³ PLOTTED BY: MPower SITE SITE ³NOT TO SCALE Exhibit 2 Nov. 15, 2022 Item #5 Page 9 of 41 RECORDING REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, CA 92008 MAIL TAX EXEMPT STATEMENTS TO: EXEMPT SPACE ABOVE THIS LINE FOR RECORDER'S USE The undersigned grantor(s) declare(s): Assessor ’s Parcel No.: 209-060-48 Documentary transfer tax is $0.00 Project ID: CIP 6094 ( ) computed on full value of property conveyed, or Related Project ID: DWG No. 529-1 ( ) computed on full value less value of liens and Related Project ID: encumbrances remaining at time of sale. Project Name: El Camino Real ( ) Unincorporated area: (x) City of Carlsbad, and Widening from Sunny Creek Rd to Jackspar Dr. GRANT DEED OF EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, The Kelly Family Trust, Karen R. Kelly and Robert P. Di Figlia, Co-Trustees the owner of real property described herein located in the City of Carlsbad, San Diego County, California 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 hereby GRANTS, in fee simple, to the City of Carlsbad, a Municipal Corporation, for public purposes, including but not limited to street, highway, sewer, drainage, public utilities, and public access, in, upon, over, under, along and across all that real property situated in the City of Carlsbad, County of San Diego, State of California, described by the attached Exhibit “A” and depicted in Exhibit “B”. (SIGNATURES ON FOLLOWING PAGE) Exhibit 3 Nov. 15, 2022 Item #5 Page 10 of 41 DATED_______________________ OWNER: RANCHO CARLSBAD OWNERS’ ASSOCIATION, INC. (NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY OWNER(S) MUST BE ATTACHED.) NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRETARY OR ASSISTANT SECRETARY MUST SIGN FOR CORPORATE EXECUTIONS OF THIS DOCUMENT. ALTERNATELY A TRUE COPY OF A RESOLUTION OF THE BOARD OF DIRECTORS THAT IS SIGNED BY THE SECRETARY OR ASSISTANT SECRETARY OF THE CORPORATION, UNDER CORPORATE SEAL SPECIFICALLY EMPOWERING THE INDIVIDUAL SIGNED IN BEHALF OF THE CORPORATION WILL SHOW SUFFICIENT AUTHORITY OF SAID INDIVIDUAL TO ACT IN THIS MATTER. IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS EASEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO. By: (Sign Here) (Print Name Here) (Title) By: (Sign Here) (Print Name Here) (Title) By: (Sign Here) (Print Name Here) (Title) By: (Sign Here) (Print Name Here) (Title) Nov. 15, 2022 Item #5 Page 11 of 41 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. ACKNOWLEDGEMENT STATE OF CALIFORNIA ) COUNTY OF ) On ______________________________ before me, _________________________________, Notary Public, personally appeared _______________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I 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 ________________________ (Seal) Nov. 15, 2022 Item #5 Page 12 of 41 EXHIBIT "A" RIGHT-OF-WAY ACQUISITION APN 209-060-48 PAGE 1 OF 2 THAT PORTION OF LOT “B” OF THE RANCHO AGUA HEDIONDA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY NOVEMBER 16, 1896 INCLUDED WITHIN QUITCLAIM DEED TO KAREN R. KELLY AND ROBERT P. DI FIGLIA, CO-TRUSTEES OF THE SURVIVOR’S TRUST CREATED UNDER THE KELLY FAMILY TRUST DATED OCTOBER 27, 1982, AS AMENDED AND RESTATED IN ITS ENTIRETY ON NOVEMBER 23, 2005, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS DISC STAMPED “LS 6215” SHOWN AS POINT NO. 105 ACCORDING TO RECORD OF SURVEY MAP NO. 17271 FILED IN THE OFFICE OF THE COUNTY RECORDER ON FEBRUARY 8, 2002 WHICH BEARS NORTH 6814’31” WEST 7549.60 FEET FROM A BRASS DISC STAMPED “LS 6215” SHOWN AS POINT NO. 108 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE SOUTH 6625’58” EAST 3994.51 FEET TO THE INTERSECTION OF THE EASTERLY LINE OF LAND PER SAID DEED WITH A LINE THAT IS 63.00 FEET NORTHEASTERLY OF, AND PARALLEL TO, THE CENTERLINE OF ROAD SURVEY 1800-1, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; 1. THENCE ALONG SAID EASTERLY LINE SOUTH 13°33’45” WEST 19.69 FEET TO THE SOUTHEAST CORNER OF LAND PER SAID DEED; 2. THENCE ALONG THE SOUTHWESTERLY LINE OF LAND PER SAID DEED NORTH 52°31’09” WEST 40.02 FEET TO AN ANGLE POINT THEREIN; 3. THENCE CONTINUING ALONG SAID SOUTHWESTERLY LINE NORTH 34°35’42” WEST 9.09 FEET TO AN ANGLE POINT THEREIN; 4. THENCE CONTINUING ALONG SAID SOUTHWESTERLY LINE NORTH 43°36’53” WEST 50.04 FEET TO AN ANGLE POINT THEREIN; 5. THENCE CONTINUING ALONG SAID SOUTHWESTERLY LINE NORTH 44°45’35” WEST 50.01 FEET TO AN ANGLE POINT THEREIN; 6. THENCE CONTINUING ALONG SAID SOUTHWESTERLY LINE NORTH 45°54’20” WEST 6.12 FEET TO SAID LINE THAT IS 63.00 FEET NORTHEASTERLY OF, AND PARALLEL TO, THE CENTERLINE OF ROAD SURVEY 1800-1; 7. THENCE LEAVING SAID SOUTHWESTERLY LINE ALONG SAID PARALLEL LINE SOUTH 52°31’09” EAST 145.76 FEET TO THE TRUE POINT OF BEGINNING. AREA = 1,557 SQUARE FEET, MORE OR LESS (BASED ON GROUND DISTANCES). SEE EXHIBIT “B” ATTACHED AND BY REFERENCE MADE A PART HEREOF. THE BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTION ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM OF 1983, ZONE 6, NAD83, EPOCH 1991.35. DIVIDE DISTANCES SHOWN BY 0.99996244 TO OBTAIN GROUND DISTANCES. Nov. 15, 2022 Item #5 Page 13 of 41 EXHIBIT "A" RIGHT-OF-WAY ACQUISITION APN 209-060-48 PAGE 2 OF 2 7-19-2022 JOEL D. RIIPINEN LS 7942 Nov. 15, 2022 Item #5 Page 14 of 41 Nov. 15, 2022 Item #5 Page 15 of 41 EXHIBIT "B" f------ 0 150 300 600 ----AT POINT #105 PER ROS 17271 CONVERGENCE ANGLE= -00•34'32.469" COMB. SCALE FACTOR= 0.99996244 NGVD 29 ELEV= 45.41' ---- LEGEND RANCHO AGU A HEDIOND A MAP 823 POR . LOT "B" 11 I I I 11 RIGHT-OF-WAY ACQUISITION ----· -· -· -· -·. AREA = 1,557 SQ. FT., MORE OR LESS ~/~ TEMPORARY ACCESS EASEMENT ~t: . ../~,,:_~// __ ~ /u~ AREA = 8,540 SQ. FT., MORE OR LESS P.O.B. POINT OF BEGINNING T.P.O.B. TRUE POINT OF BEGINNING /1 CONTROL POINT PER ROS 17271 El SEE EASEMENT LEGEND ON.. SHEET 2 QD1 QUITCLAIM DEED TO THE KELLY FAMILY TRUST DATED 10/27/1982 AND RESTATED 11/23/2005 REC. 5/03/2021 AS DOC. NO. 2021-0337847 O.R. CA RL SBAD TR AC T NO. 83 -36 UNIT NO. 1 MAP 11242 LOT 11 SHEET 1 OF 2 SHEETS REVISED BY: DA TE: CITY OF CARLSBAD SCA~; = 300' ._D_RA_WN_B_Y_: _KA __ J__DA_TE_: _7-_19_-_20_2_2 ..,J--_E_L_C_A_M_I_NO_R_E_A_L_S_TR_E_ET_IM_P_R_O_VE_M_EN_T_S----1 DOC. NO. CHECKED BY: JR DATE: 7-19-2022 APN 209-060-48 OWNER: THE KELLY FAMILY TRUST DATED OCTOBER 27, DWG. NO. APPROVED BY: DATE: 1982, AS AMENDED AND RESTATED ON NOVEMBER 23, 2005 Nov. 15, 2022 Item #5 Page 16 of 41 LINE TABLE LINE NO. DIRECTION LENGlH L1 S 13"33' 45• W 19.69' L2 N 52°31 '09• W 40.02' L3 N 34•35•42• W 9.09' L4 N 43•35•53• W 50.04' L5 N 44•45•35• W 50.01' L6 N 45°54'20• W 6.12' L7 N 45°54'20• W 43.85' LB N 5712'59• W 20.39' L9 N 49"20'56• W 6.18' L10 S 18"27'07• E 25.25' L11 S 76"26'15• E 21.66' L12 N 13"33' 45• E 25.11' EXHIBIT •B" (SHEET 2 OF 2) EASEMENT LEGEND E1 NOlES: 50' ROAD AND UTILITY EASEMENT IN FAVOR OF lHE RECORD OWNERS OF ALL PORTIONS OF LOT •B• REC. 7/15/1959 IN BK. 7771, PG. 17 O.R. AND REC. 9/7/1995 AS INST. NO. 1995-0398027 O.R. lHE RIGHTS TO USE ALL ROADS AND RIGHTS OF WAY TOGElHER WllH lHE RIGHT AND EASEMENT TO INSTALL POLES, WIRES, PIPES, OR SIMILAR STRUCTURES ALONG SAID RIGHTS OF WAY IN FAVOR OF EDWARD KELLY, JAMES KELLY, ROBERT S. KELLY, ALICE K. MORRISON, AND LIWE KELLY ORlEGA, AND lHEIR RESPECTIVE SUCCESSORS AND ASSIGNS REC. 6/29/1936 IN BK. 541, PG. 244 O.R. IS NOT PLOTTABLE. lHE RIGHT TO EXlEND DRAINAGE STRUCTURES AND SLOPES IN FAVOR OF lHE COUNTY OF SAN DIEGO REC. 1/5/1938 IN BK. 727, PG. 441 O.R. IS NOT PLOTTABLE. SHEET 2 OF 2 SHEETS REVISED BY: DATE: CITY OF CARLSBAD SCA~; = 60' ._DR_A_WN_B_Y: __ KA __ ,1....D_A_TE_: 7_-_19_-_20_2_2 ...i---E_L_C_A_M_IN_O_R_E_A_L_S_TR_E_ET_IM_P_R_O_VE_M_EN_TS_--; DOC. NO. CHECKED BY: JR DATE: 7-19-2022 APN 209-060-48 OWNER: lHE KELLY FAMILY TRUST DAlED OCTOBER 27, DWG. NO. APPROVED BY: DATE: 1982, AS AMENDED AND RESTAlED ON NOVEMBER 23, 2005 RECORDING REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, CA 92008 MAIL TAX EXEMPT STATEMENTS TO: EXEMPT SPACE ABOVE THIS LINE FOR RECORDER'S USE The undersigned grantor(s) declare(s): Assessor ’s Parcel No.: 209-060-58 Documentary transfer tax is $0.00 Project ID: CIP 6094 ( ) computed on full value of property conveyed, or Related Project ID: DWG No. 529-1 ( ) computed on full value less value of liens and Related Project ID: encumbrances remaining at time of sale. Project Name: El Camino Real ( ) Unincorporated area: (x) City of Carlsbad, and Widening from Sunny Creek Rd to Jackspar Dr. GRANT DEED OF EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Camino Carlsbad, LLC the owner of real property described herein located in the City of Carlsbad, San Diego County, California 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 hereby GRANTS, in fee simple, to the City of Carlsbad, a Municipal Corporation, for public purposes, including but not limited to street, highway, sewer, drainage, public utilities, and public access, in, upon, over, under, along and across all that real property situated in the City of Carlsbad, County of San Diego, State of California, described by the attached Exhibit “A” and depicted in Exhibit “B”. (SIGNATURES ON FOLLOWING PAGE) Nov. 15, 2022 Item #5 Page 17 of 41 DATED_______________________ OWNER: RANCHO CARLSBAD OWNERS’ ASSOCIATION, INC. (NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY OWNER(S) MUST BE ATTACHED.) NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRETARY OR ASSISTANT SECRETARY MUST SIGN FOR CORPORATE EXECUTIONS OF THIS DOCUMENT. ALTERNATELY A TRUE COPY OF A RESOLUTION OF THE BOARD OF DIRECTORS THAT IS SIGNED BY THE SECRETARY OR ASSISTANT SECRETARY OF THE CORPORATION, UNDER CORPORATE SEAL SPECIFICALLY EMPOWERING THE INDIVIDUAL SIGNED IN BEHALF OF THE CORPORATION WILL SHOW SUFFICIENT AUTHORITY OF SAID INDIVIDUAL TO ACT IN THIS MATTER. IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS EASEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO. By: (Sign Here) (Print Name Here) (Title) By: (Sign Here) (Print Name Here) (Title) By: (Sign Here) (Print Name Here) (Title) By: (Sign Here) (Print Name Here) (Title) Nov. 15, 2022 Item #5 Page 18 of 41 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. ACKNOWLEDGEMENT STATE OF CALIFORNIA ) COUNTY OF ) On ______________________________ before me, _________________________________, Notary Public, personally appeared _______________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I 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 ________________________ (Seal) Nov. 15, 2022 Item #5 Page 19 of 41 EXHIBIT "A" RIGHT-OF-WAY ACQUISITION APN 209-060-58 PAGE 1 OF 1 THAT PORTION OF LOT “E” OF THE RANCHO AGUA HEDIONDA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY NOVEMBER 16, 1896, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS DISC STAMPED “LS 6215” SHOWN AS POINT NO. 105 ACCORDING TO RECORD OF SURVEY MAP NO. 17271 FILED IN THE OFFICE OF THE COUNTY RECORDER ON FEBRUARY 8, 2002 WHICH BEARS NORTH 6814’31” WEST 7549.60 FEET FROM A BRASS DISC STAMPED “LS 6215” SHOWN AS POINT NO. 108 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE SOUTH 7054’36” EAST 2648.79 FEET TO THE SOUTHWEST CORNER OF PARCEL 4 OF A DEED IN FAVOR OF CAMINO CARLSBAD, LLC RECORDED FEBRUARY 4, 2003 AS DOC. NO. 2003-0130230 OF OFFICIAL RECORDS, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; 1. THENCE ALONG SAID SOUTHWESTERLY LINE SOUTH 66°36’50” EAST 61.71 FEET TO THE POINT OF CUSP OF A TANGENT 55.00-FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 23°23’10” WEST; 2. THENCE LEAVING SAID NORTHEASTERLY LINE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 96°34’46” A DISTANCE OF 92.71 FEET TO THE NORTHWESTERLY LINE OF SAID PARCEL 4; 3. THENCE ALONG THE NORTHWESTERLY LINE OF SAID PARCEL 4 SOUTH 29°57’56” WEST 61.71 FEET TO THE TRUE POINT OF BEGINNING. AREA = 844 SQUARE FEET, MORE OR LESS (BASED ON GROUND DISTANCES). SEE EXHIBIT “B” ATTACHED AND BY REFERENCE MADE A PART HEREOF. THE BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTION ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM OF 1983, ZONE 6, NAD83, EPOCH 1991.35. DIVIDE DISTANCES SHOWN BY 0.99996244 TO OBTAIN GROUND DISTANCES. 7-19-2022 JOEL D. RIIPINEN LS 7942 Nov. 15, 2022 Item #5 Page 20 of 41 Nov. 15, 2022 Item #5 Page 21 of 41 EXHIBIT "B" 0 150 300 600 AT POINT #105 PER ROS 17271 CONVERGENCE ANGLE= -00•34'32.469" COMB. SCALE FACTOR= 0.99996244 ~ NGVD 29 ELEV= 45.41' 1\0) "'- "'-Q-" ~ 0::: 0 z ~ ct Q__~ I I I I I I I APN 209-060-58 LAND PER 001 I I C a:: (.!) I 1\0) "'-RANCHO AGU A I") CX) (/) u u ~~'o "\(;:,-"., 1 s ri,'o~/ 1 ~ ~ n"'-.;;;\ Q__ "" POR. LOT "E" ROS 6570 r------------ N Be-,4',J;--,, .______ .______ II' 7,------------ P.O.B. IJ,4S/.~49.Bo:V '1.______ HEDIOND A MAP 823 PT 105 PER " Of 1:fl?10 .______ .______ ROS 17271 dCJ4b lS4-. .______ .______ .______ N 1999466.124 rl'INGs 9.ee• G .______ .______ E 6241021.960 ~O(JND .______ .______A ----l..!l PT 108 PER/ ROS 17271 N 1999466.124 E 6241021.960 -- ----- LEGEND POR LOT 11 / CA RL SBAD TR ACT NO. 83-36 UNIT NO. 1 MAP 11242 ~:1 RIGHT-OF-WAY ACQUISITION (ACQ) --~---"-.... ,~__._,....::::::!.... AREA = 844 SQ. FT., MORE OR LESS ~/~ TEMPORARY ACCESS EASEMENT (TCE) ~t._/~,(__~// __ ~ /u~ AREA = 1,242 SQ. FT., MORE OR LESS P.O.B. POINT OF BEGINNING T.P.O.B. TRUE POINT OF BEGINNING &, CONTROL POINT PER ROS 17271 E1 SEE EASEMENT LEGEND ON.. SHEET 2 001 DEED TO CAMINO CARLSBAD, LLC REC. 2/4/2003 AS DOC. NO. 2003-0130230 O.R. SHEET 1 OF 2 SHEETS REVISED BY: DATE: CITY OF CARLSBAD SCALE 1· = 300' DRAWN BY: KA DATE: 7-19-2022 EL CAMINO REAL STREET IMPROVEMENTS DOC. NO. CHECKED BY: JR DATE: 7-19-2022 APN 209-060-58 DWG. NO. APPROVED BY: DATE: OWNER: CAMINO CARLSBAD, LLC Nov. 15, 2022 Item #5 Page 22 of 41 PAR. 1 '------- ~ 0::: 0 z C a:: c., I') DO (/) (.) (.) REVISED BY: EXHIBIT •B" (SHEET 2 OF 2) I I • CURVE TABLE PM 17985 &~ /I') ~' c;.,«S, CURVE NO. DELTA RADIUS LENGTH I Cb" Bo,., 'V<• 'o.,. ""t~ E1 C1 95•34•45• 55.00' C2 93"25'58. 55.00' RANCHO AGUA HEDIONDA MAP 823 POR. LOT ''E" APN 209-060-58 LAND PER 001 92.71' 89.69' EASEMENT LEGEND E1 A TEMPORARY CONSTRUCTION EASEMENT IN FAVOR OF THE CITY OF CARLSBAD REC. 9/29/2000 AS DOC. NO. 2000-0523120 O.R. E2 5' WATER PIPELINE EASEMENT IN FAVOR OF PAUL ECKE 1/11/1954 IN BK. 5108, PG. 328 O.R. NOTE: THE RIGHT TO EXTEND DRAINAGE STRUCTURES AND EXCAVATION AND EMBANKMENT SLOPES BEYOND THE LIMITS OF THE RIGHT OF WAY OF A COUNTY HIGHWAY GRANTED IN DEED REC. 1/5/1938 IN BK. 727, PG.441 O.R. IS NOT PLOTTABLE. AT POINT #105 PER ROS 17271 CONVERGENCE ANGLE= -00"34'32.469• I COMB. SCALE FACTOR= 0.99996244 o NGVD 29 ELEV= 45.41' 20 40 80 SHEET 2 OF 2 SHEETS DRAWN BY: KA DATE: CITY OF CARLSBAD SCA~; = 40' ----1--DA_TE_: _7-_19_-_20_22----r_EL_C_A_M_IN_O_R_E_A_L_S_TR_EE_T_IM_P_R_OVE_M_E_N_TS____, DOC. NO. CHECKED BY: JR APPROVED BY: DATE: 7-19-2022 DATE: APN 209-060-58 OWNER: CAMINO CARLSBAD, LLC DWG. NO. RECORDING REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, CA 92008 MAIL TAX EXEMPT STATEMENTS TO: EXEMPT SPACE ABOVE THIS LINE FOR RECORDER'S USE The undersigned grantor(s) declare(s): Assessor ’s Parcel No.: 209-060-48 Documentary transfer tax is $0.00 Project ID: CIP 6094 ( ) computed on full value of property conveyed, or Related Project ID: DWG No. 529-1 ( ) computed on full value less value of liens and Related Project ID: encumbrances remaining at time of sale. Project Name: El Camino Real ( ) Unincorporated area: (x) City of Carlsbad, and Widening from Sunny Creek Rd to Jackspar Dr. GRANT OF TEMPORARY CONSTRUCTION EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, The Kelly Family Trust, Karen R. Kelly and Robert P. Di Figlia, Co-Trustees, the owner of real property described herein located in the City of Carlsbad, San Diego County, California hereby GRANTS to City of Carlsbad, a Municipal Corporation (“Grantee”) the following described real property in the City of Carlsbad, County of San Diego, State of California: This TEMPORARY CONSTRUCTION EASEMENT is for the purpose of constructing the El Camino Real Widening Project, a public project (the “Project”), and gives City, its successors and assigns, including City’s contractor(s), the power to perform all activities necessary for the construction and completion of the Project, inclusive of ingress and egress, and necessary appurtenances thereto, in, over, across, along, through and under the Property and incidents thereto, within the bounds of said easement as described in Exhibit “A”, consisting of two (2) pages, attached hereto and made a part hereof, and Exhibit “B” consisting of two (2) pages is attached hereto for clarity only. It is understood that said TEMPORARY CONSTRUCTION EASEMENT shall expire on January 31, 2026, or completion of the project, whichever occurs first. At the expiration of the Temporary Construction Easement, City shall restore the easement area to a condition substantially the same condition as existed before construction to the extent feasible, unless otherwise agreed to by the Grantor. (SIGNATURES ON FOLLOWING PAGE) Exhibit 4 Nov. 15, 2022 Item #5 Page 23 of 41 DATED_______________________ OWNER: RANCHO CARLSBAD OWNERS’ ASSOCIATION (NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY OWNER(S) MUST BE ATTACHED.) NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRETARY OR ASSISTANT SECRETARY MUST SIGN FOR CORPORATE EXECUTIONS OF THIS DOCUMENT. ALTERNATELY A TRUE COPY OF A RESOLUTION OF THE BOARD OF DIRECTORS THAT IS SIGNED BY THE SECRETARY OR ASSISTANT SECRETARY OF THE CORPORATION, UNDER CORPORATE SEAL SPECIFICALLY EMPOWERING THE INDIVIDUAL SIGNED IN BEHALF OF THE CORPORATION WILL SHOW SUFFICIENT AUTHORITY OF SAID INDIVIDUAL TO ACT IN THIS MATTER. IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS EASEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO. By:(Sign Here) (Print Name Here) (Title) By:(Sign Here) (Print Name Here) By: (Sign Here) (Print Name Here) (Title) By:(Sign Here) (Print Name Here) (Title) Nov. 15, 2022 Item #5 Page 24 of 41 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. ACKNOWLEDGEMENT STATE OF CALIFORNIA ) COUNTY OF ) On ______________________________ before me, _________________________________, Notary Public, personally appeared _______________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I 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 ________________________ (Seal) Nov. 15, 2022 Item #5 Page 25 of 41 EXHIBIT "A" TEMPORARY CONSTRUCTION EASEMENT APN 209-060-48 PAGE 1 OF 2 THAT PORTION OF LOT “B” OF THE RANCHO AGUA HEDIONDA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY NOVEMBER 16, 1896 INCLUDED WITHIN QUITCLAIM DEED TO KAREN R. KELLY AND ROBERT P. DI FIGLIA, CO-TRUSTEES OF THE SURVIVOR’S TRUST CREATED UNDER THE KELLY FAMILY TRUST DATED OCTOBER 27, 1982, AS AMENDED AND RESTATED IN ITS ENTIRETY ON NOVEMBER 23, 2005, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS DISC STAMPED “LS 6215” SHOWN AS POINT NO. 105 ACCORDING TO RECORD OF SURVEY MAP NO. 17271 FILED IN THE OFFICE OF THE COUNTY RECORDER ON FEBRUARY 8, 2002 WHICH BEARS NORTH 6814’31” WEST 7549.60 FEET FROM A BRASS DISC STAMPED “LS 6215” SHOWN AS POINT NO. 108 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE SOUTH 6625’58” EAST 3994.51 FEET TO THE INTERSECTION OF THE EASTERLY LINE OF LAND PER SAID DEED WITH A LINE THAT IS 63.00 FEET NORTHEASTERLY OF, AND PARALLEL TO, THE CENTERLINE OF ROAD SURVEY 1800-1, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; 1. THENCE ALONG SAID PARALLEL LINE NORTH 52°31’09” WEST 145.76 FEET TO A POINT IN THE SOUTHWESTERLY LINE OF LAND PER SAID DEED; 2. THENCE ALONG SAID SOUTHWESTERLY LINE NORTH 45°54’20” WEST 43.87 FEET TO AN ANGLE POINT THEREIN; 3. THENCE CONTINUING ALONG SAID SOUTHWESTERLY LINE NORTH 57°12’59” WEST 20.39 FEET TO AN ANGLE POINT THEREIN; 4. THENCE CONTINUING ALONG SAID SOUTHWESTERLY LINE NORTH 47°40’05” WEST 130.05 FEET TO AN ANGLE POINT THEREIN; 5. THENCE CONTINUING ALONG SAID SOUTHWESTERLY LINE NORTH 41°54’04” WEST 100.24 FEET TO AN ANGLE POINT THEREIN; 6. THENCE CONTINUING ALONG SAID SOUTHWESTERLY LINE NORTH 49°20’56” WEST 6.18 FEET; 7. THENCE LEAVING SAID SOUTHWESTERLY LINE NORTH 87°00’36” EAST 18.31 FEET; 8. THENCE SOUTH 54°09’17” EAST 44.14 FEET; 9. THENCE SOUTH 42°50’58” EAST 72.41 FEET; 10. THENCE SOUTH 28°07’48” EAST 62.38 FEET; 11. THENCE SOUTH 62°22’49” EAST 132.33 FEET; 12. THENCE SOUTH 50°26’53” EAST 76.49 FEET; 13. THENCE SOUTH 18°27’07” EAST 25.25 FEET; 14. THENCE SOUTH 76°26’15” EAST 21.66 FEET TO SAID EASTERLY LINE OF LAND PER SAID DEED; 15. THENCE ALONG SAID EASTERLY LINE SOUTH 13°33’45” WEST 25.11 FEET TO THE TRUE POINT OF BEGINNING. AREA = 8,540 SQUARE FEET, MORE OR LESS (BASED ON GROUND DISTANCES). Nov. 15, 2022 Item #5 Page 26 of 41 EXHIBIT "A" TEMPORARY CONSTRUCTION EASEMENT APN 209-060-48 PAGE 2 OF 2 SEE EXHIBIT “B” ATTACHED AND BY REFERENCE MADE A PART HEREOF. THE BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTION ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM OF 1983, ZONE 6, NAD83, EPOCH 1991.35. DIVIDE DISTANCES SHOWN BY 0.99996244 TO OBTAIN GROUND DISTANCES. 7-19-2022 JOEL D. RIIPINEN LS 7942 Nov. 15, 2022 Item #5 Page 27 of 41 RECORDING REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, CA 92008 MAIL TAX EXEMPT STATEMENTS TO: EXEMPT SPACE ABOVE THIS LINE FOR RECORDER'S USE The undersigned grantor(s) declare(s): Assessor ’s Parcel No.: 209-060-58 Documentary transfer tax is $0.00 Project ID: CIP 6094 ( ) computed on full value of property conveyed, or Related Project ID: DWG No. 529-1 ( ) computed on full value less value of liens and Related Project ID: encumbrances remaining at time of sale. Project Name: El Camino Real ( ) Unincorporated area: (x) City of Carlsbad, and Widening from Sunny Creek Rd to Jackspar Dr. GRANT OF TEMPORARY CONSTRUCTION EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Camino Carlsbad, LLC the owner of real property described herein located in the City of Carlsbad, San Diego County, California hereby GRANTS to City of Carlsbad, a Municipal Corporation (“Grantee”) the following described real property in the City of Carlsbad, County of San Diego, State of California: This TEMPORARY CONSTRUCTION EASEMENT is for the purpose of constructing the El Camino Real Widening Project, a public project (the “Project”), and gives City, its successors and assigns, including City’s contractor(s), the power to perform all activities necessary for the construction and completion of the Project, inclusive of ingress and egress, and necessary appurtenances thereto, in, over, across, along, through and under the Property and incidents thereto, within the bounds of said easement as described in Exhibit “A”, consisting of two (2) pages, attached hereto and made a part hereof, and Exhibit “B” consisting of two (2) pages is attached hereto for clarity only. It is understood that said TEMPORARY CONSTRUCTION EASEMENT shall expire on January 31, 2026, or completion of the project, whichever occurs first. At the expiration of the Temporary Construction Easement, City shall restore the easement area to a condition substantially the same condition as existed before construction to the extent feasible, unless otherwise agreed to by the Grantor. (SIGNATURES ON FOLLOWING PAGE) Nov. 15, 2022 Item #5 Page 28 of 41 DATED_______________________ OWNER: RANCHO CARLSBAD OWNERS’ ASSOCIATION (NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY OWNER(S) MUST BE ATTACHED.) NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRETARY OR ASSISTANT SECRETARY MUST SIGN FOR CORPORATE EXECUTIONS OF THIS DOCUMENT. ALTERNATELY A TRUE COPY OF A RESOLUTION OF THE BOARD OF DIRECTORS THAT IS SIGNED BY THE SECRETARY OR ASSISTANT SECRETARY OF THE CORPORATION, UNDER CORPORATE SEAL SPECIFICALLY EMPOWERING THE INDIVIDUAL SIGNED IN BEHALF OF THE CORPORATION WILL SHOW SUFFICIENT AUTHORITY OF SAID INDIVIDUAL TO ACT IN THIS MATTER. IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS EASEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO. By: (Sign Here) (Print Name Here) (Title) By: (Sign Here) (Print Name Here) By: (Sign Here) (Print Name Here) (Title) By: (Sign Here) (Print Name Here) (Title) Nov. 15, 2022 Item #5 Page 29 of 41 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. ACKNOWLEDGEMENT STATE OF CALIFORNIA ) COUNTY OF ) On ______________________________ before me, _________________________________, Notary Public, personally appeared _______________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I 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 ________________________ (Seal) Nov. 15, 2022 Item #5 Page 30 of 41 Nov. 15, 2022 Item #5 Page 31 of 41 EXHIBIT "B" f------ 0 150 300 600 ----AT POINT #105 PER ROS 17271 CONVERGENCE ANGLE= -00•34'32.469" COMB. SCALE FACTOR= 0.99996244 NGVD 29 ELEV= 45.41' ---- LEGEND RANCHO AGU A HEDIOND A MAP 823 POR . LOT "B" 11 I I I 11 RIGHT-OF-WAY ACQUISITION ----· -· -· -· -·. AREA = 1,557 SQ. FT., MORE OR LESS ~/~ TEMPORARY ACCESS EASEMENT ~t: . ../~,,:_~// __ ~ /u~ AREA = 8,540 SQ. FT., MORE OR LESS P.O.B. POINT OF BEGINNING T.P.O.B. TRUE POINT OF BEGINNING /1 CONTROL POINT PER ROS 17271 El SEE EASEMENT LEGEND ON.. SHEET 2 QD1 QUITCLAIM DEED TO THE KELLY FAMILY TRUST DATED 10/27/1982 AND RESTATED 11/23/2005 REC. 5/03/2021 AS DOC. NO. 2021-0337847 O.R. CA RL SBAD TR AC T NO. 83 -36 UNIT NO. 1 MAP 11242 LOT 11 SHEET 1 OF 2 SHEETS REVISED BY: DA TE: CITY OF CARLSBAD SCA~; = 300' ._D_RA_WN_B_Y_: _KA __ J__DA_TE_: _7-_19_-_20_2_2 ..,J--_E_L_C_A_M_I_NO_R_E_A_L_S_TR_E_ET_IM_P_R_O_VE_M_EN_T_S----1 DOC. NO. CHECKED BY: JR DATE: 7-19-2022 APN 209-060-48 OWNER: THE KELLY FAMILY TRUST DATED OCTOBER 27, DWG. NO. APPROVED BY: DATE: 1982, AS AMENDED AND RESTATED ON NOVEMBER 23, 2005 Nov. 15, 2022 Item #5 Page 32 of 41 LINE TABLE LINE NO. DIRECTION LENGlH L1 S 13"33' 45• W 19.69' L2 N 52°31 '09• W 40.02' L3 N 34•35•42• W 9.09' L4 N 43•35•53• W 50.04' L5 N 44•45•35• W 50.01' L6 N 45°54'20• W 6.12' L7 N 45°54'20• W 43.85' LB N 5712'59• W 20.39' L9 N 49"20'56• W 6.18' L10 S 18"27'07• E 25.25' L11 S 76"26'15• E 21.66' L12 N 13"33' 45• E 25.11' EXHIBIT •B" (SHEET 2 OF 2) EASEMENT LEGEND E1 NOlES: 50' ROAD AND UTILITY EASEMENT IN FAVOR OF lHE RECORD OWNERS OF ALL PORTIONS OF LOT •B• REC. 7/15/1959 IN BK. 7771, PG. 17 O.R. AND REC. 9/7/1995 AS INST. NO. 1995-0398027 O.R. lHE RIGHTS TO USE ALL ROADS AND RIGHTS OF WAY TOGElHER WllH lHE RIGHT AND EASEMENT TO INSTALL POLES, WIRES, PIPES, OR SIMILAR STRUCTURES ALONG SAID RIGHTS OF WAY IN FAVOR OF EDWARD KELLY, JAMES KELLY, ROBERT S. KELLY, ALICE K. MORRISON, AND LIWE KELLY ORlEGA, AND lHEIR RESPECTIVE SUCCESSORS AND ASSIGNS REC. 6/29/1936 IN BK. 541, PG. 244 O.R. IS NOT PLOTTABLE. lHE RIGHT TO EXlEND DRAINAGE STRUCTURES AND SLOPES IN FAVOR OF lHE COUNTY OF SAN DIEGO REC. 1/5/1938 IN BK. 727, PG. 441 O.R. IS NOT PLOTTABLE. SHEET 2 OF 2 SHEETS REVISED BY: DATE: CITY OF CARLSBAD SCA~; = 60' ._DR_A_WN_B_Y: __ KA __ ,1....D_A_TE_: 7_-_19_-_20_2_2 ...i---E_L_C_A_M_IN_O_R_E_A_L_S_TR_E_ET_IM_P_R_O_VE_M_EN_TS_--; DOC. NO. CHECKED BY: JR DATE: 7-19-2022 APN 209-060-48 OWNER: lHE KELLY FAMILY TRUST DAlED OCTOBER 27, DWG. NO. APPROVED BY: DATE: 1982, AS AMENDED AND RESTAlED ON NOVEMBER 23, 2005 EXHIBIT "A" TEMPORARY CONSTRUCTION EASEMENT APN 209-060-58 PAGE 1 OF 1 THAT PORTION OF LOT “E” OF THE RANCHO AGUA HEDIONDA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY NOVEMBER 16, 1896, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS DISC STAMPED “LS 6215” SHOWN AS POINT NO. 105 ACCORDING TO RECORD OF SURVEY MAP NO. 17271 FILED IN THE OFFICE OF THE COUNTY RECORDER ON FEBRUARY 8, 2002 WHICH BEARS NORTH 6814’31” WEST 7549.60 FEET FROM A BRASS DISC STAMPED “LS 6215” SHOWN AS POINT NO. 108 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE SOUTH 7054’36” EAST 2648.79 FEET TO THE SOUTHWEST CORNER OF PARCEL 4 OF A DEED IN FAVOR OF CAMINO CARLSBAD, LLC RECORDED FEBRUARY 4, 2003 AS DOC. NO. 2003-0130230 OF OFFICIAL RECORDS; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID PARCEL 4 SOUTH 66°3650” EAST 61.71 FEET TO THE TRUE POINT OF BEGINNING; 1. THENCE CONTINUING ALONG SAID SOUTHWESTERLY LINE SOUTH 66°36’50” EAST 159.83 FEET; 2. THENCE LEAVING SAID SOUTHWESTERLY LINE NORTH 63°28’02” WEST 162.08 FEET TO THE BEGINNING OF A TANGENT 55.00-FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; 3. THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 93°25’58” A DISTANCE OF 89.69 FEET TO THE NORTHWESTERLY LINE OF SAID PARCEL 4; 4. THENCE ALONG SAID NORTHWESTERLY LINE SOUTH 29°57’56” WEST 8.87 FEET TO THE BEGINNING OF A TANGENT 55.00-FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; 5. THENCE LEAVING SAID NORTHWESTERLY LINE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 96°34’46” A DISTANCE OF 92.71 FEET TO THE TRUE POINT OF BEGINNING. AREA = 1,242 SQUARE FEET, MORE OR LESS (BASED ON GROUND DISTANCES). SEE EXHIBIT “B” ATTACHED AND BY REFERENCE MADE A PART HEREOF. THE BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTION ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM OF 1983, ZONE 6, NAD83, EPOCH 1991.35. DIVIDE DISTANCES SHOWN BY 0.99996244 TO OBTAIN GROUND DISTANCES. 7-19-2022 JOEL D. RIIPINEN LS 7942 Nov. 15, 2022 Item #5 Page 33 of 41 Nov. 15, 2022 Item #5 Page 34 of 41 EXHIBIT "B" 0 150 300 600 AT POINT #105 PER ROS 17271 CONVERGENCE ANGLE= -00•34'32.469" COMB. SCALE FACTOR= 0.99996244 ~ NGVD 29 ELEV= 45.41' 1\0) "'- "'-Q-" ~ 0::: 0 z ~ ct Q__~ I I I I I I I APN 209-060-58 LAND PER 001 I I C a:: (.!) I 1\0) "'-RANCHO AGU A I") CX) (/) u u ~~'o "\(;:,-"., 1 s ri,'o~/ 1 ~ ~ n"'-.;;;\ Q__ "" POR. LOT "E" ROS 6570 r------------ N Be-,4',J;--,, .______ .______ II' 7,------------ P.O.B. IJ,4S/.~49.Bo:V '1.______ HEDIOND A MAP 823 PT 105 PER " Of 1:fl?10 .______ .______ ROS 17271 dCJ4b lS4-. .______ .______ .______ N 1999466.124 rl'INGs 9.ee• G .______ .______ E 6241021.960 ~O(JND .______ .______A ----l..!l PT 108 PER/ ROS 17271 N 1999466.124 E 6241021.960 -- ----- LEGEND POR LOT 11 / CA RL SBAD TR ACT NO. 83-36 UNIT NO. 1 MAP 11242 ~:1 RIGHT-OF-WAY ACQUISITION (ACQ) --~---"-.... ,~__._,....::::::!.... AREA = 844 SQ. FT., MORE OR LESS ~/~ TEMPORARY ACCESS EASEMENT (TCE) ~t._/~,(__~// __ ~ /u~ AREA = 1,242 SQ. FT., MORE OR LESS P.O.B. POINT OF BEGINNING T.P.O.B. TRUE POINT OF BEGINNING &, CONTROL POINT PER ROS 17271 E1 SEE EASEMENT LEGEND ON.. SHEET 2 001 DEED TO CAMINO CARLSBAD, LLC REC. 2/4/2003 AS DOC. NO. 2003-0130230 O.R. SHEET 1 OF 2 SHEETS REVISED BY: DATE: CITY OF CARLSBAD SCALE 1· = 300' DRAWN BY: KA DATE: 7-19-2022 EL CAMINO REAL STREET IMPROVEMENTS DOC. NO. CHECKED BY: JR DATE: 7-19-2022 APN 209-060-58 DWG. NO. APPROVED BY: DATE: OWNER: CAMINO CARLSBAD, LLC Nov. 15, 2022 Item #5 Page 35 of 41 PAR. 1 '------- ~ 0::: 0 z C a:: c., I') DO (/) (.) (.) REVISED BY: EXHIBIT •B" (SHEET 2 OF 2) I I • CURVE TABLE PM 17985 &~ /I') ~' c;.,«S, CURVE NO. DELTA RADIUS LENGTH I Cb" Bo,., 'V<• 'o.,. ""t~ E1 C1 95•34•45• 55.00' C2 93"25'58. 55.00' RANCHO AGUA HEDIONDA MAP 823 POR. LOT ''E" APN 209-060-58 LAND PER 001 92.71' 89.69' EASEMENT LEGEND E1 A TEMPORARY CONSTRUCTION EASEMENT IN FAVOR OF THE CITY OF CARLSBAD REC. 9/29/2000 AS DOC. NO. 2000-0523120 O.R. E2 5' WATER PIPELINE EASEMENT IN FAVOR OF PAUL ECKE 1/11/1954 IN BK. 5108, PG. 328 O.R. NOTE: THE RIGHT TO EXTEND DRAINAGE STRUCTURES AND EXCAVATION AND EMBANKMENT SLOPES BEYOND THE LIMITS OF THE RIGHT OF WAY OF A COUNTY HIGHWAY GRANTED IN DEED REC. 1/5/1938 IN BK. 727, PG.441 O.R. IS NOT PLOTTABLE. AT POINT #105 PER ROS 17271 CONVERGENCE ANGLE= -00"34'32.469• I COMB. SCALE FACTOR= 0.99996244 o NGVD 29 ELEV= 45.41' 20 40 80 SHEET 2 OF 2 SHEETS DRAWN BY: KA DATE: CITY OF CARLSBAD SCA~; = 40' ----1--DA_TE_: _7-_19_-_20_22----r_EL_C_A_M_IN_O_R_E_A_L_S_TR_EE_T_IM_P_R_OVE_M_E_N_TS____, DOC. NO. CHECKED BY: JR APPROVED BY: DATE: 7-19-2022 DATE: APN 209-060-58 OWNER: CAMINO CARLSBAD, LLC DWG. NO. RECORDING REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, CA 92008 MAIL TAX EXEMPT STATEMENTS TO: EXEMPT SPACE ABOVE THIS LINE FOR RECORDER'S USE The undersigned grantor(s) declare(s): Assessor ’s Parcel No.: 209-090-11 Documentary transfer tax is $0.00 Project ID: CIP 6094 ( ) computed on full value of property conveyed, or Related Project ID: DWG No. 529-1 ( ) computed on full value less value of liens and Related Project ID: encumbrances remaining at time of sale. Project Name: El Camino Real ( ) Unincorporated area: (x) City of Carlsbad, and Widening from Sunny Creek Rd to Jackspar Dr. GRANT OF TEMPORARY CONSTRUCTION EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Wal-Mart Stores, Inc the owner of real property described herein located in the City of Carlsbad, San Diego County, California hereby GRANTS to City of Carlsbad, a Municipal Corporation (“Grantee”) the following described real property in the City of Carlsbad, County of San Diego, State of California: This TEMPORARY CONSTRUCTION EASEMENT is for the purpose of constructing the El Camino Real Widening Project, a public project (the “Project”), and gives City, its successors and assigns, including City’s contractor(s), the power to perform all activities necessary for the construction and completion of the Project, inclusive of ingress and egress, and necessary appurtenances thereto, in, over, across, along, through and under the Property and incidents thereto, within the bounds of said easement as described in Exhibit “A”, consisting of two (2) pages, attached hereto and made a part hereof, and Exhibit “B” consisting of two (2) pages is attached hereto for clarity only. It is understood that said TEMPORARY CONSTRUCTION EASEMENT shall expire on January 31, 2026, or completion of the project, whichever occurs first. At the expiration of the Temporary Construction Easement, City shall restore the easement area to a condition substantially the same condition as existed before construction to the extent feasible, unless otherwise agreed to by the Grantor. (SIGNATURES ON FOLLOWING PAGE) Nov. 15, 2022 Item #5 Page 36 of 41 DATED_______________________ OWNER: RANCHO CARLSBAD OWNERS’ ASSOCIATION (NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY OWNER(S) MUST BE ATTACHED.) NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRETARY OR ASSISTANT SECRETARY MUST SIGN FOR CORPORATE EXECUTIONS OF THIS DOCUMENT. ALTERNATELY A TRUE COPY OF A RESOLUTION OF THE BOARD OF DIRECTORS THAT IS SIGNED BY THE SECRETARY OR ASSISTANT SECRETARY OF THE CORPORATION, UNDER CORPORATE SEAL SPECIFICALLY EMPOWERING THE INDIVIDUAL SIGNED IN BEHALF OF THE CORPORATION WILL SHOW SUFFICIENT AUTHORITY OF SAID INDIVIDUAL TO ACT IN THIS MATTER. IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS EASEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO. By: (Sign Here) (Print Name Here) (Title) By: (Sign Here) (Print Name Here) By: (Sign Here) (Print Name Here) (Title) By: (Sign Here) (Print Name Here) (Title) Nov. 15, 2022 Item #5 Page 37 of 41 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. ACKNOWLEDGEMENT STATE OF CALIFORNIA ) COUNTY OF ) On ______________________________ before me, _________________________________, Notary Public, personally appeared _______________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I 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 ________________________ (Seal) Nov. 15, 2022 Item #5 Page 38 of 41 EXHIBIT "A" TEMPORARY CONSTRUCTION EASEMENT APN 209-090-11 PAGE 1 OF 1 THAT PORTION OF LOT 11 OF CARLSBAD TRACT NO. 83-36 UNIT NO. 1, SYCAMORE CREEK IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 11242, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON MAY 23, 1985, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS DISC STAMPED “LS 6215” SHOWN AS POINT NO. 105 ACCORDING TO RECORD OF SURVEY MAP NO. 17271 FILED IN THE OFFICE OF THE COUNTY RECORDER ON FEBRUARY 8, 2002 WHICH BEARS NORTH 6814’31” WEST 7549.60 FEET FROM A BRASS DISC STAMPED “LS 6215” SHOWN AS POINT NO. 108 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE SOUTH 6625’58” EAST 3994.51 FEET TO THE SOUTHWEST CORNER OF SAID LOT 11 OF CARLSBAD TRACT NO. 83-36 UNIT NO. 1, SYCAMORE CREEK IN THE CITY OF CARLSBAD, SAID POINT BEING THE TRUE POINT OF BEGINNING; 1. THENCE ALONG THE SOUTHWEST LINE OF SAID LOT 11 SOUTH 52°31’09” EAST 203.11 FEET; 2. THENCE LEAVING SAID SOUTHWEST LINE NORTH 38°01’01” EAST 12.24 FEET; 3. THENCE NORTH 53°18’33” WEST 164.98 FEET; 4. THENCE NORTH 00°05’49” EAST 37.23 FEET; 5. THENCE NORTH 10°16’09” EAST 10.75 FEET; 6. THENCE NORTH 79°43’51” WEST 29.78 FEET TO THE WESTERLY LINE OF SAID LOT 11; 7. THENCE ALONG SAID WESTERLY LINE SOUTH 13°33’45” WEST 38.83 FEET TO THE TRUE POINT OF BEGINNING. AREA = 3,449 SQUARE FEET, MORE OR LESS (BASED ON GROUND DISTANCES). SEE EXHIBIT “B” ATTACHED AND BY REFERENCE MADE A PART HEREOF. THE BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTION ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM OF 1983, ZONE 6, NAD83, EPOCH 1991.35. DIVIDE DISTANCES SHOWN BY 0.99996244 TO OBTAIN GROUND DISTANCES. 7-22-2022 JOEL D. RIIPINEN LS 7942 Nov. 15, 2022 Item #5 Page 39 of 41 Nov. 15, 2022 Item #5 Page 40 of 41 EXHIBIT "B" f---- 0 150 300 600 AT POINT #105 PER ROS 17271 CONVERGENCE ANGLE= -00•34'32.469" COMB. SCALE FACTOR= 0.99996244 / NGVD 29 ELEV= 45.41' r- 7 ~ RANCHO AG UA HEOIOND A MAP 823 POR. LOT "B" 0::: 0 z C a:: (.!) rt) ~J9. oo \ ~ ~66 (/) "' "' -----:. u ,f, "' U 'Y 6'<9 '-.._ ~,¢• "' P.O.B. J-1• "-- PT 105 PER fl, "--"-- ROS 17271 <9,1. ..>s,r: "-- N 1999466.124 ~$ ~6'0-:i, E 6241021.960 ~ ~Q-i>/() "--~~~ ..>.s: ~$ ~o>c9, LEGEND 1///:-1 TEMPORARY CONSTRUCTION EASEMENT ~t._/~,e_~// __ ~ /u~ AREA = 3,449 SQ. FT., MORE OR LESS P.O.B. POINT OF BEGINNING T.P.O.B. TRUE POINT OF BEGINNING &, CONTROL POINT PER ROS 17271 E1 SEE EASEMENT LEGEND ON SHEET 2 G'.ifb"' ~4'() -- -------- CA RL SBAD TR AC T NO. N 83-36 UNIT NO. 1 MAP 11242 LOT 11 APN 209-090-11 ~o ~PT 108 PER ROS 17271 N 1999466.124 E 6241021.960 SHEET 1 OF 2 SHEETS REVISED BY: DA TE: CITY OF CARLSBAD SCA~; = 300' ._DR_A_WN_B_Y: __ KA __ 1-D_A_TE_: 7_--=22=---=20.:.:2=-2 .J--_E_L_C_A_M_IN_O_R_E_A_L_S_TR_EE_T_IM_P_R_O_VE_M_EN_T_S----1 DOC. NO. CHECKED BY: JR DATE: 7-22-2022 APPROVED BY: DATE: APN 209-090-11 OWNER: WAL-MART STORES, INC. DWG. NO. Nov. 15, 2022 Item #5 Page 41 of 41 ~ 0::: 0 z C ~ c., n DO (/) (.) (.) 0 EXHIBIT •B" (SHEET 2 OF 2) EASEMENT LEGEND E1 50' ROAD AND UTILITY EASEMENT IN FAVOR OF lHE RECORD OWNERS OF ALL PORTIONS OF LOT •B• REC. 7/15/1959 IN BK. 7771, PG. 17 O.R. AND REC. 4/30/1969 AS INST. NO. 74570 O.R. RANCHO AGUA HEDIONDA MAP 823 POR. LOT "B" NOTE: lHE RIGHTS TO USE ALL ROADS AND RIGHTS OF WAY TOGElHER WllH lHE RIGHT AND EASEMENT TO INSTALL POLES, WIRES, PIPES, OR SIMILAR STRUCTURES ALONG SAID RIGHTS OF WAY IN FAVOR OF EDWARD KELLY, JAMES KELLY, ROBERT S. KELLY, ALICE K. MORRISON, AND LIWE KELLY ORTEGA, AND lHEIR RESPECTIVE SUCCESSORS AND ASSIGNS REC. (29/193(; IN BK. 541, PG. 244 O.R. IS NOT PLOTTABL£ E1 / 20 N 79•43•~1• W ,29.78' I AT POINT fl 05 PER ROS 17271 CONVERGENCE ANGLE= -00"34'32.469• COMB. SCALE FACTOR= 0.99996244 NGVD 29 ELEV= 45.41' 40 80 LI.I CARLSBAD TRACT NO. 83-36 UNIT NO. 1 MAP 11242 LOT 11 APN 209-090-11 SHEET 2 OF 2 SHEETS REVISED BY: DATE: CITY OF CARLSBAD SCA~; = 40' ._DR_A_WN_B_Y: __ KA __ ,1....D_A_TE_: 7_-_22_-_20_2_2 ...i---E_L_C_A_M_IN_O_R_E_A_L_S_TR_E_ET_IM_P_R_O_VE_M_EN_TS_--; DOC. NO. CHECKED BY: JR DATE: 7-22-2022 APPROVED BY: DATE: APN 209-090-11 OWNER: WAL-MART STORES, INC. DWG. NO.