HomeMy WebLinkAboutCT 84-38; CALAVERA HILLS VILLAGES W X AND Y; Tentative Map (CT)if PPLUCA-T ~L*H
REQUEST
o Zone Change 0 Minor Redevelopment Permit
OGeneral Plan Arrndment 0 Precise Development Plan
Tentative Tract Map OSpecific Plan
1Planried Unit Dèveloent 0 Site Development Plan
OMajor Condominium Permit DConditiorial Use Permit
Minor Condominium Permit OVariance
OMaster Plan 0 Planning oninission Determination
[JMajor Condominium Conversion 0 Special Use Permit
DMaior Redevelopment Permit DPrninistrative Variance
(check other boxes if appropriate)
Complete Description of Project (attach additional sheets if necessary)
Tentative Map for a 129 lot single family subdivision with 2 phases
- (Villages W, X and Y). Housing types are detached single family with
lots averaging 8,000 sq. ft. and custom type estate lots averaging -
0.5 acres.
Location of Project
North of El Camino Real, east of Tamarack, south of future E1m Street and
City of 0c s4nd bisected by thP flit-11r C.n11cce Iilrcl
Legal Description (complete)
See attached.
Assessors Parcel Number 168-040-18 and 168-050-27
Zone General Plan Existing Land Use
PC RL Vacant
Proposed Zone Proposed General Plan Site Acreage
99 Acres
Oer Applicant -
Name (Print or Type) Name (Print or Type)
Cedric E. Sanders Calavera Hills Company
Mailing Address Mailing Address
110 West C Street, Suite 1220 110 West C Street, Suite 1220
City and State Zip Telephone City and State Zip Telephone
San Diego, CA 92101 (619)235-9180 San Diego, CA 92101 (61)235-9180
I CERTIFY THAT I AM THE LEGAL Oc'NER AND I CER.PlFY THAT I AM THE 0NEIV S PSEPRESEITATIVE
THAT ALL THE ABOVE INFORMATION IS TRUE AND THAT ALL THE ABOVE INFORMATION IS TRUE
AND CORRECT ¶10 THE BEST OF MY KNCLEDGE. AND CORRECT ¶10 THE BEST OF MY KNOWLEDGE.
SIGNATURE DATE SIG RE DATE
ion Rca icve ce iptNO!
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FORM NO. 804 REVISED 10.73
FOR USE WITH ALTA LOAN POLICY-1970 AND ALPCONSTRUCTION LOAN POLICY-t975 is
WITH STREET IMPROVEMENT ASSESSMENT COVERAGE.
FOR USE WITH CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY FORM-1973
SCHEDULE A—Continued
The land referred to in this policy is situated in the State of California, County of SAN DIEGO,
CITY OF CARLSBAD , and is described as follows:
PARCEL 1:
ALL THAT PORTION OF LOTS "D" AND "E" OF THE RANCHO AGUA HEDIONDA,
IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED
AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF BAY SHORE, UNIT NO. 2 1
-ACCORDING TO MAP THEREOF NO. 7671, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY ON JUNE 20, 1973, SAID
PINT ALSO BEING THE NORTHEAST CORNER OF LAND SHOWN ON THE
MAP OF CARLSBAD TRACT NO. 76-12, ACCORDING TO MAP THEREOF NO
9935, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
ON DECEMBER 16, 1980; THENCE ALONG THE BOUNDARY OF SAID LAND
SHOWN ON SAID MAP NO. 9935 THE FOLLOWING COURSES SOUTH 1 DEGREE
57 MINUTES 58 SECONDS WEST, 610.73 FEET; THENCE NORTH 14 DEGREES
18 MINUTES 41 SECONDS WEST, 173.76 FEET; .THENCE SOUTH 55 DEGREES
37 MINUTES 57 SECONDS WEST, 223.84 FEET; THENCE SOUTH 6 DEGREES
48 MINUTES 26 SECONDS WEST, 453.90 FEET: THEN.CE SOUTH 23 DEGREES
20 MINUTES 54 SECONDS WEST, 177.99 FEET; THENCE SOUTH 67 DEGREES
31 MINUTES 58 SECONDS WEST, 104.70 FEET; THENCE SOUTH 6 DEGREES
54 MINUTES 14 SECONDS WEST, 213.64 FEET; THENCE SOUTH 35 DEGREES
11 MINUTES 24 SECONDS WEST, 151.63 FEET; THENCE NORTH 72 DEGREES
22 MINUTES 50 SECONDS WEST, 179.35 FEET; THENCE NORTH 59 DEGREES
48 MINUTES 28 SECONDS WEST, 131.06 FEET; THENCE NORTH 10 DEGREES
25 MINUTES 27 SECONDS WEST, 66.60 FEET; THENCE NORTH 79 DEGREES
40 MINUTES 12 SECONDS WEST, 118.90 FEET; THENCE NORTH 43 DEGREES
09 MINUTES 20 SECONDS WEST, 153.79 FEET; THENCE NORTH 81 DEGREES
24 MINUTES 45 SECONDS WEST, 96.91 FEET; THENCE SOUTH 7 DEGREES
41 MINUTES 08 SECONDS WEST, 190.89 FEET; THENCE SOUTH 8 DEGREES
22 MINUTES 30 SECONDS EAST, 203.47 FEET; THENCE SOUTH 28 DEGREES
31 MINUTES 33 SECONDS EAST, 372.41 FEET; THENCE SOUTH 13 DEGREES
32 MINUTES 45 SECONDS WEST 98.54 FEET; THENCE SOUTH 59 DEGREES
25 MINUTES 45 SECONDS WEST, 133.52 FEET; THENCE SOUTH. 15 DEGREES
39 MINUTES 32 SECONDS WEST, 167.59 FEET; THENCE LEAVING SAID
BOUNDARY OF LAND SHOWN ON MAP NO. 9935 SOUTH 29 DEGREES 25 MINUTES
01 SECONDS WEST, 4,676.56 FEET, THENCE NORTH 89 DEGREES 25 MINUTES
10 SECONDS WEST, 171.23 FEET; THENCE NORTH 29 DEGREES 25 MINUTES
01 SECONDS EAST, 1,669.10 FEET; THENCE NORTH 24 DEGREES 13
MINUTES 39 SECONDS WEST, 1 1 445.24 FEET TO THE BEGINNING OF A
TANGENT 1,000.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE
S
.
NORTHWESTERLY, NORTHERLY AND NORTHEASTERLY ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 53 DEGREES 54 MINUTES
39 SECONDS A DISTANCE OF 940.92 FEET; THENCE LEAVING SAID
CURVE SOUTH 76 DEGREES 25 MINUTES 02 SECONDS EAST, 420.51 FEET;
THENCE SOUTH 58 DEGREES 08 MINUTES 02 SECONDS EAST, 435.66
FEET; THENCE SOUTH 2 DEGREES 23 MINUTES 09 SECONDS WEST,
240.21 FEET; THENCE SOUTH 44 DEGREES 21 MINUTES 23 SECONDS EAST,
647.96 FEET; THENCE NORTH 29 DEGREES 25 MINUTES 01 SECONDS
EAST, 2,165.74 FEET; THENCE NORTH 28 DEGREES 31 MINUTES 33 SECONDS
WEST, 166.53 FEET; THENCE NORTH 8 DEGREES 22 MINUTES 30 SECONDS
209,84 FEET; THENCE NORTH 7 DEGREES 41 MINUTES 08 SECONDS EAST,
194.03 FEET; THENCE NORTH 81 DEGREES 24 MINUTES 45 SECONDS WEST,
33.00 FEET; THENCE SOUTH 74 DEGREES 26 MINUTES 40 SECONDS WEST,
429.98 FEET; THENCE SOUTH 45 DEGREES 51 MINUTES 00 SECONDS
WEST, 350.01 FEET; THENCE SOUTH 14 DEGREES 56 MINUTES 53 SECONDS
WEST, 740.00 FEET; THENCE SOUTH 56 DEGREES 46 MINUTES 53 SECONDS
WEST, 400.00 FEET; THENCE NORTH 73 DEGREES 43 MINUTES 07 SECONDS
WEST, 200,00 FEET; THENCE NORTH 24 DEGREES 13 MINUTES 07 SECONDS
WEST, 210.00 FEET; THENCE NORTH 53 DEGREES 03 MINUTES 07 SECONDS
WEST, 425.00 FEET; TO THE PROPOSED CENTERLINE OF COLLEGE BOULEVARD
PER IMPROVEMENT PLANS ON FILE IN THE OFFICE OF THE CITY ENGINEER
OF THE CITY OF THE CITY OF CARLSBAD; THENCE ALONG SAID PROPSED
CENTERLINE NORTH 36 DEGREES 56 MINUTES 53 SECONDS EAST, 909.05
FEET TO THE BEGINNING OF A TANGENT 1,000.00 FOOT RADIUS CURVE
CONCAVE WESTERLY, THENCE ALONG THE ARC OF SAID CURVE NORTHEASTERLY,
NORTHERLY AND NORTHWESTERLY THROUGH A CENTRAL ANGLE OF 75 DEGREES
55 MINUTES 53 SECONDS A DISTANCE OF 1,325.25 FEET; THENCE TANGENT
TO SAID. CURVE AND CONTINUING ALONG SAID PROPOSED CENTERLINE NORTH
38 DEGREES 59 MINUTES 00 SECONDS WEST, 25.26 FEET TO THE NORTH
BOUNDARY OF LAND SHOWN ON SAID MAP NO. 9935; THENCE LEAVING
SAID PROPOSED CENTERLINE ALONG SAID NORTH BOUNDARY NORTH .89
DEGREES 19 MINUTES 35 SECONDS EAST, 2,549.27 FEET TO THE POINT
OF BEGINNING.
PARCEL 2:
THAT PORTION OF LOTS "D" AND "J" OF THE RANCHO AGUA HEDIONDA IN
THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO THE PARTITION NAP THEREOF NO. 823, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON NOVEMBER 16, 1896,
DESCRIBED AS FOLLOWS:
. .
BEGINNING AT A POINT IN THE NORTH BOUNDARY OF LAND SHOWN ON
MAP NO. 9935, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY ON DECEMBER 16, 1980, SAID POINT BEARS SOUTH 89 DEGREES
19 MINUTES 35 SECONDS WEST, 2,580.39 FEET FROM THE NORTHEAST
CORNER OF SAID LAND SHOWN ON MAP NO. 9935; THENCE ALONG SAID
NORTH BOUNDARY NORTH 89 DEGREES 19 MINUTES 35 SECONDS EAST,
31.12 FEET; THENCE LEAVING SAID NORTH BOUNDARY SOUTH 38 DEGREES
59 MINUTES 00 SECONDS EAST, 25.26 FEET TO THE BEGINNING OF A
TANGENT 1,000.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE
SOUTHEASTERLY, SOUTHERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 75 DEGREES 55 MINUTES 53
SECONDS A DISTANCE OF 1,325.25 FEET; THENCE TANGENT TO SAID
CURVE SOUTH 36 DEGREES 56 MINUTES 53 SECONDS WEST, 909.95 FEET;
THENCE SOUTH 53 DEGREES 03 MINUTES 07 SECONDS EAST, 425.00
FEET; THENCE SOUTH 24 DEGREES 13 MINUTES 07 SECONDS EAST,
210.00 FEET; THENCE SOUTH 73 DEGREES 43 MINUTES 07 SECONDS
EAST, 200.00 FEET; THENCE NORTH 56 DEGREES 46 MINUTES 53 SECONDS
EAST, 400.00 FEET; THENCE NORTH 14 DEGREES 56 MINUTES 53
SECONDS EAST, 740. 00. FEET; THENCE NORTH 45 DEGREES 51 MINUTES
00 SECONDS EAST, 350.01 FEET, THENCE NORTH 74 DEGREES 26 MINUTES
40 SECONDS EAST, 429.98 FEET; THENCE SOUTH 81 DEGREES 24 MINUTES
45 SECONDS EAST, 33.00 FEET; THENCE PARALLEL .WITH AND 20.00 FEET
WESTERLY, MEASURED AT RIGHT ANGLES,'-FROM THE EASTERLY
BOUNDARY OF LAND SHOWN ON SAID MAP NO. 9935, SOUTH 7 DEGREES
41 MINUTES 08 SECONDS WEST, 194.03 FEET; THENCE SOUTH 8 DEGREES
22 MINUTES 30 SECONDS EAST 209.84 FEET; THENCE SOUTH 28 DEGREES
31 MINUTES 33 SECONDS EAST, 166.53 FEET; THENCE LEAVING SAID
PARALLEL COURSES SOUTH 29 DEGREES 25 MINUTES 01 SECONDS WEST,
2,165.74 FEET; THENCE NORTH 44 DEGREES 21 MINUTES 23 SECONDS WEST,
647.96 FEET; THENCE NORTH 2 DEGREES 23 MINUTES 09 SECONDS EAST,
240.21 FEET; THENCE NORTH 58 DEGREES 08 MINUTES 02 SECONDS WEST,
435.66 FEET; THENCE NORTH 76 DEGREES 25 MINUTES 02 SECONDS WEST,
420.51 FEETTO THE PROPOSED CENTERLINE OF COLLEGE BOULEVARD PER
IMPROVEMENT PLANS ON FILE IN THE OFFICE OF THE CITY ENGINEER OF
THE CITY OF CARLSBAD, SAID POINT BEING THE BEGINNING OF A 1,000.00
FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL LINE TO SAID
POINT BEARS NORTH 60 DEGREES 19 MINUTES 01 SECONDS WEST; THENCE
SOUTHERLY ALONG SAID PROPOSED CENTERLINE AND THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 13 DEGREES 32 MINUTES 52 SECONDS A
DISTANCE OF 236.45 FEET TO THE PROPOSED CENTERLINE OF ELM AVENUE
AS SHOWN ON SAID IMPROVEMENT PALNS, A RADIAL LINE TO SAID POINT
BEARS NORTH 73 DEGREES 51 MINUTES 53 SECONDS WEST, THENCE LEAVING
SAID CURVE ALONG SAID PROPOSED CENTERLINE OF ELM AVENUE AND THE
PROLONGATION OF SAID RADIAL LINE NORTH 73 DEGREES 51 MINUTES
53 SECONDS WEST, 15570 FEET TO THE BEGINNING OF A TANGENT
1,000.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE NORTHWESTERLY,
WESTERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTERLINE ANGLE OF 34 DEGREES 45 MINUTES 19 SECONDS, A DISTANCE OF
. .
606.59 FEET; THENCE TANGENT TO SAID CURVE SOUTH 71 DEGREES
22 MINUTES 48 SECONDS WEST, 825.88 FEET TO THE BOUNDARY OF
LAND DESCRIBED IN DEED TO TREETOPS UNLIMITED, RECORDED MARCH
26, 1980, AS FILE/PAGE NO. 80-102577 OFFICIAL RECORDS; THENCE
LEAVING SAID PROPOSED CENTERLINE ALONG THE BOUNDARY OF SAID
TREETOPS LAND THE FOLLOWING COURSES NORTH 18 DEGREES 37 MINUTES
12 SECONDS WEST, 310.00 FEET; THENCE NORTH 31 DEGREES 37 MINUTES
23 SECONDS WEST, 372.70 FEET; THENCE NORTH 1 DEGREE 04 MINUTES
50 SECONDS EAST; 105.00 FEET; THENCE NORTH 79 DEGREES 14 MINUTES
50 SECONDS EAST, 650.00 FEET; THENCE SOUTH 87 DEGREES 15
MINUTES 10 SECONDS EAST, 740.00 FEET; THENCE SOUTH 71 DEGREES
31 MINUTES 39 SECONDS EAST, 651.98 FEET TO THE AFORESAID
PROPOSED CENTERLINE OF COLLEGE BOULEVARD; THENCE ALONG SAID
PROPOSED CENTERLINE AND CONTINUING ALONG SAID TREETOPS BOUNDARY
NORTH 29. DEGREES 40 MINUTES 59 SECONDS EAST, 420.00 FEET; THENCE
LEAVING SAID PROPOSED CENTERLINE AND CONTINUING ALONG SAID
TREETOPS BOUNDARY NORTH 59 DEGREES 02 MINUTES 50 SECONDS WEST,
373,81 FEET; THENCE NORTH. 80 DEGREES 35 MINUTES 00 SECONDS
WEST, 1,240.00 FEET; THENCE NORTH 21 DEGREES 05 MINUTES 00 SECONDS
WEST, 444.98 FEET TO THE BEGINNING OF A TANGENT 50.00 FOOT RADIUS
CURVE CONCAVE SOUTHEASTERLY; THENCE CLOCKWISE ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 129 DEGREES 05 MINUTES 00
SECONDS A DISTANCE OF 112.65 FEET; THENCE TANGENT TO SAID CURVE
SOUTH 72 DEGREES 00 MINUTES 00 SECONDS EAST, 88.57 FEET TO THE
BEGINNING OF A TANGENT 50.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY;
THENCE COUNTER-CLOCKWISE ALONG THE ARC 0F SAID CURVE THROUGH A
CENTRAL ANGLE OF 79 DEGREES 58 MINUTES 09 SECONDS A DISTANCE OF
69,79 FEET TO A POINT OF REVERSE CURVATURE WITH A 2 1 000.00 FOOT
RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL LINE OT SAID POINT
FROM SAID 2 1 000.00 FOOT RADIUS CURVE BEARS NORTH 61 DEGREES 58
MINUTES 09 SECONDS WEST; THENCE NORTHEASTERLY ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 15 DEGREES 42 MINUTES
33 SECONDS A DISTANCE OF 548.35 FEET TO A POINT IN THE ARC OF
SAID CURVE TO WHICH A RADIAL LINE BEARS NORTH 46 DEGREES 15
MINUTES 36 SECONDS WEST; THENCE LEVAING SAID CURVE NORTH 59 DEGREES
51 MINUTES 59 SECONDS EAST, 804.25 FEET (.RECORD=804.26 FEET1;
THENCE NORTH 13 DEGREES 27 MINUTES 33 SECONDS WEST CRECORD=NORTH
13 DEGREES 37 MINUTES 33 SECONDS WEST), 360.00 FEET TO THE NORTH
BOUNDARY OF SAID LAND SHOWN ON SAID MAP NO. 9935; THENCE LEAVING
SAID TREETOPS BOUNDARY ALONG SAID NORTH BOUNDARY OF SAID MAP
NO. 9935 NORTH 89 DEGREES 19 MINUTES 04 SECONDS EAST, 111.60 FEET;
TO THE POINT OF BEGINNING.
. .
EXCEPTING FROM THE ABOVE DESCRIBED PARCEL OF LAND THAT PORTION
THEREOF CONVEYED TO CARLSBAD MUNICIPAL WATER DISTRICT BY DEED
RECORDED JANUARY 9 1 1967 AS DOCUMENT NO. 2637, SERIES 8, BOOK
1967, OFFICIAL RECORDS.
PARCEL 3:
THAT PORTION OF LOTS '1D", "E" AND "J" OF THE RANCHO AGUA HEDIONDA,
IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO THE PARTITION MAP THEREOF NO. 823, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON NOVEMBER 16, 1896,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF LOT 140 OF CARLSBAD TRACT
NO. 76-12, ACCORDING TO NAP THEREOF NO. 9935, FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY ON DECEMBER 16, 1980; THENCE
ALONG THE BOUNDARY OF SAID LOT 140 NORTH 1 DEGREE 42 MINUTES
41 SECONDS EAST, 610.00 FEET; THENCE CONTINUING ALONG SAID BOUNDARY
NORTH 23 DEGREES 15 MINUTES 45 SECONDS WEST, 720.30 FEET TO THE
BOUNDARY OF LAN]) CONVEYED TO TREETOPS UNLIMITED BY DEED RECORDED
MARCH 26, 1980, AS FILE/PAGE NO. 80-102577, OFFICIAL RECORDS;
THENCE ALONG THE BOUNDARY OF SAID TREETOPS LAND THE FOLLOWING
COURSES SOUTH 78 DEGREES 14 MINUTES 59 SECONDS EAST, 319.91 FEET;
THENCE SOUTH 48 DEGREES 43 MINUTES 39 SECONDS EAST, 335.00 FEET;
THENCE NORTH 48 DEGREES 46 MINUTES 21 SECONDS EAST, 250.00 FEET;
THENCE SOUTH 81 DEGREES 13 MINUTES 39 SECONDS EAST, 210.00 FEET;
THENCE NORTH 8 DEGREES 46 MINUTES 21 SECONDS EAST, 980.00 FEET
(RECORD=NORTH 8 DEGREES 46 MINUTES 24 SECONDS EAST, 980.08 FEET1;
THENCE LEAVING SAID TREETOPS LAND SOUTH 24 DEGREES 13 MINUTES
39 SECONDS EAST, 675.24 FEET; THENCE SOUTH 29 DEGREES 25 MINUTES
01 SECONDS WEST, 1,669.10 FEET; THENCE SOUTH 89 DEGREES 25 MINUTES
10 SECONDS EAST, 171.23 FEET; THENCE NORTH 29 DEGREES 25 MINUTES
01 SECONDS EAST, 4 1 676.56 FEET; THENCE NORTH 29 DEGREES 25 MINUTES
01 SECONDS EAST, 4,676.56 FEET TO THE EAST BOUNDARY OF LAND SHOWN
ON SAID MAP NO. 9935; THENCE ALONG SAID EAST BOUNDARY THE FOLLOWING
COURSES SOUTH 15 DEGREES 39 MINUTES 32 SECONDS WEST, 185.19 FEET;
THENCE SOUTH 57 DEGREES 49 MINUTES 13 SECONDS EAST, 56.58 FEET;
THENCE SOUTH 0 DEGREES 21 MINUTES 05 SECONDS WEST, 2,179.90
FEET; THENCE NORTH 89 DEGREES 36 MINUTES 23 SECONDS WEST, 265.56
FEET; THENCE SOUTH 1 DEGREE 15 MINUTES 07 SECONDS WEST, 150.30
FEET; THENCE SOUTH 9 DEGREES 46 MINUTES 50 SECONDS WEST, 112.79
FEET; THENCE SOUTH 20 DEGREES 53 MINUTES 19 SEONDDS WEST, 126.01
FEET; THENCE SOUTH 14 DEGREES 40 MINUTES 43 SECONDS WEST, 57.10;
THENCE SOUTH 7 DEGREES 13 MINUTES 27 SECONDS WEST, 135.34 FEET;
THENCE SOUTH 11 DEGREES 36 MINUTES 18 SECONDS WEST, 65.24 FEET,
THENCE SOUTH 14 DEGREES 41 MINUTES 25 SECONDS WEST, 159.68 FEET;
THENCE SOUTH 21 DEGREES 39 MINUTES 05 SECONDS WEST, 190.34 FEET;
THENCE SOUTH 13 DEGREES 43 MINUTES 35 SECONDS WEST 781.82 FEET
TO THE SOUTHEAST CORNER OF SAID LAND SHOWN ON MAP NO. 9935; THENCE
ALONG THE SOUTH BOUNDARY OF SAID NORTH 89 DEGREES 25 MINUTES 10
SECONDS WEST, 2,080.08 FEET TO THE POINT OF BEGINNING.
.
PARCEL 4:
THAT PORTION OF LOTS D*l, "Ell AND "3" OF THE RANCHO AGUA HEDIONDA,
IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO THE PARTITION MAP THEREOF NO. 823, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON NOVEMBER 16, 1896,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF LOT 1 OF CARLSBAD TRACT
NO. 76-12 ACCORDING TO NAP THEREOF NO. 9935, FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY ON DECEMBER16, 1980, SAID
POINT BEING IN THE ARC OF A-642.00-FOOT RADIUS CONCAVE
NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 63 DEGREES
53 MINUTES 10 SECONDS EAST; THENCE SOUTHWESTERLY ALONG THE
BOUNDARY.OF SAID CARLSBAD TRACT NO. 76-12 AND THE ARC OF SAID
CURVE THROUGH. A CENTRAL ANGLE OF 10 DEGREES 53 MINUTES 10 SECONDS
A DISTANCE OF 121.98 FEET; THENCE TANGENT TO SAID CURVE SOUTH
37 DEGREES 00 MINUTES 00 SECONDS WEST, 702.00 FEET TO THE BEGINNING
.OF A.-TANGENT 958.00-FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE
CONTINUING SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH
A CENTRAL ANGLE OF 15 DEGREES 47 MINUTES 30 SECONDS A DISTANCE OF
264.00 FEET; THENCE TANGENT TO SAID CURVE SOUTH 21 DEGREES
12 MINUTES 30 SECONDS WEST, 455.73 FEET; THENCE LEAVING THE
BOUNDARY OF SAID CARLSBAD TRACT NO. 76-12 NORTH 0 DEGREES
34 MINUTES 50 SECONDS EAST, 944.01 FEET; THENCE NORTH 89 DEGREES
25 MINUTES 10 SECONDS WEST, 300.00 FEET-; THENCE SOUTH 0 DEGREES
34 MINUTES 50 SECONDS WEST, 660.00 FEET TO THE BOUNDARY OF LAND
SHOWN ON SAID MAP NO. 9935; THENCE ALONG THE BOUNDARY OF SAID LAND
THE FOLLOWING COURSES NORTH 89 DEGREES 25 MINUTES 10 SECONDS WEST
317.25 FEET; THENCE NORTH 0 DEGREES 34 MINUTES 50 SECONDS EAST,
987,75 FEET; THENCE NORTH 24 DEGREES 22 MINUTES 57 SECONDS WEST,
1,829.13 FEET; THENCE NORTH 24 DEGREES 25 MINUTES 34 SECONDS WEST
1,805.09 FEET; THENCE NORTH 70 DEGREES 04 MINUTES 37 SECONDS EAST,
515.00 FEET; THENCE LEAVING SAID BOUNDARY SOUTH 42 DEGREES
45 MINUTES 55 SECONDS EAST, 95.64 FEET; THENCE SOUTH 43 DEGREES
00 MINUTES 00 SECONDS EAST, 380.00 FEET; THENCE SOUTH 3 DEGREES
30 MINUTES 00 SECONDS EAST, 19O.00 FEET; THENCE SOUTH 31 DEGREES
30 MINUTES 00 SECONDS EAST, 360.00 FEET; THENCE SOUTH 15 DEGREES
00 MINUTES 00 SECONDS EAST, 140.00 FEET TO THE BOUNDARY OF LAND
CONVEYED TO TREETOPS UNLIMITED BY DEED RECORDED JUNE 19, 1979, AS
FILE/PAGE NO. 79-252293, OFFICIAL RECORDS; THENCE ALONG SAID
BOUNDARY NORTH 70 DEGREES 04 MINUTES 37 SECONDS EAST, 699.57
FEET TO THE BOUNDARY -OF LAND CONVEYED TO TREETOPS UNLIMITED BY
DEED RECORDED MARCH 26, 1980 AS FILE/PAGE NO. 80-102577; THENCE
ALONG SAID BOUNDARY THE FOLLOWING COURSES SOUTH 16 DEGREES 49
MINUTES 53 SECONDS EAST, 218,38 FEET; THENCE SOUTH 26 DEGREES
10 MINUTES 13 SECONDS EAST, 500.00 FEET; THENCE SOUTH 85 DEGREES
I .
29 MINUTES 37 SECONDS WEST, 480.00 FEET; THENCE NORTH 39 DEGREES
00 MINUTES 23 SECONDS WST, 372.00 FEET; THENCE NORTH 13 DEGREES
46 MINUTES 34 SECONDS WEST, 176.94 FEET; THENCE LEAVING SAID
TREETOPS LAND SOUTH 70 DEGREES 04 MINUTES 37 SECONDS WEST, 167.64
FEET TO THE WEST BOUNDARY OF LAND CONVEYED TO SAID TREETOPS
UNLIMITED BY SAID DEED RECORDED AT FILE/PAGE NO. 80-102577; THENCE
SOUTH 28 DEGREES 37 MINUTES 41 SECONDS EAST, 482.64 FEET; THENCE
SOUTH 2 DEGREES 54 MINUTES 50 SECONDS WEST, 350.00 FEET; THENCE
SOUTH 17 DEGREES 25 MINUTES 10 SECONDS EAST, 430.00 FEET; THENCE
SOUTH 24 DEGREES 25 MINUTES 10 SECONDS EAST, 490.00 FEET; THENCE
SOUTH 10 DEGREES 43 MINUTES 01 SECONDS EAST, 257.35 FEET; THENCE
SOUTH 24 DEGREES 25 MINUTES 10 SECONDS EAST, 430.00 FEET; THENCE
SOUTH 48 DEGREES 05 MINUTES 12 SECONDS EAST, 200.00 FEET, THENCE
SOUTH 24 DEGREES 25 MINUTES 10 SECONDS EAST, 300.00 FEET; THENCE
NORTH 59 DEGREES 09 MINUTES EAST, 587.00 FEET; THENCE NORTH 43
DEGREES 29 MINUTES 50 SECONDS EAST, 339.00 FEET; THENCE SOUTH
8G DEGREES 08 MINUTES 50 SECONDS EAST, 71.22 FEET TO A POINT IN
THE ARC OF A 1 1 000 FOOT RADIUS CURVE CONCAVE WESTERLY, A RADIAL
LINE TO SAID POINT BEARS SOUTH 75 DEGREES 17 MINUTES 40 SECONDS
EAST; THENCE NORTHEASTERLY, NORTHERLY AND NORTHWESTERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 33
DEGREES 19 MINUTES 32 SECONDS A DISTANCE:OF 581.64 FEET; THENCE
TANGENT TO SAID CURVE NORTH 18 DEGREES 37 MINUTES 12 SECONDS WEST,
273.62 FEET TO THE PROPOSED CENTERLINE OF ELM AVENUE PER THE
IMPROVEMENT PLANS ON FILE IN THE OFFICE OF THE CITY ENGINEER OF THE
CITY OF CARLSBAD; THENCE LEAVING THE BOUNDARY OF SAID TREETOPS
UNLIMITED LAND ALONG SAID PROPOSED CENTERLINE NORTH 71 DEGREES
22 MINUTES 48 SECONDS EAST, 825.88 FEET TO THE BEGINNING OF A
TANGENT 1 1 000.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE
NORTHEASTERLY, EASTERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID,
CURVE THROUGH A CENTRAL ANGLE OF 34 DEGREES 45 MINUTES 19 SECONDS
A DISTANCE OF 606.59 FEET; THENCE TANGENT TO SAID CURVE SOUTH
73 DEGREES 51 MINUTES 53 SECONDS EAST, 155.70 FEET TO THE
PROPOSED CENTERLINE OF COLLEGE BOULEVARD AS SHOWN ON SAID IMPROVEMENT
PLANS, SAID POINT BEING IN THE ARC OF A 1,000.00 FOOT RADIUS CURVE
CONCAVE SOUTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 73
DEGREES 51 MINUTES 53 SECONDS EAST; THENCE LEAVING SAID PROPOSED
CENTERLINE SOUTHWESTERLY AND SOUTHERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 23 DEGREES 04 MINUTES 30 SECONDS A DISTANCE
OF 402.74 FEET TO A POINT IN THE ARC OF SAID CURVE TO WHICH A RADIAL
LINE BEARS SOUTH 83 DEGREES 03 MINUTES 38 SECONDS WEST, SAID POINT
ALSO BEING IN THE BOUNDARY OF LAND CONVEYED TO TREETOPS UNLIMITED
BY DEED RECORDED MARCH 26, 1980, AS FILE/PAGE NO. 80-102577;
OFFICIAL RECORDS; THENCE LEAVING SAID CURVE ALONG THE BOUNDARY
OF SAID TREETOPS LAND SOUTH 69 DEGREES 28 MINUTES 42 SECONDS
WEST, 751.12 FEET; THENCE SOUTH 7 DEGREES 33 MINUTES 07 SECONDS
EAST, 19.69 FEET (RECORD=SOUTH 7 DEGREES 27 MINUTES 26 SECONDS
WEST, 19.77 FEET) TO THE BEGINNING OF A NON-TANGENT 680.00 FOOT
RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT
BEARS SOUTH 70 DEGREES 30 MINUTES 40 SECONDS WEST; THENCE
SOUTHEASTERLY, SOUTHERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID
(_. . ..
FORM NO 4,000 REVISED 10-73
CaIiIornia Land Title Association Stan -rd
Coverage PoIicForm-19.3
POLICY OF TITLE INSURANCE
ISSUED BY
TRANSAMERICA TITLE INSURANCE COMPANY
SUBJECT TO SCHEDULE B AND THE CONDITIONS AND STIPULATIONS HEREOF,
TRANSAMERICA TITLE INSURANCE COMPANY, a California corporation, herein called the Company,
insures the insured, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding
the amount of insurance stated in Schedule A, and costs, attorneys' fees and expenses which the
Company may become obligated to pay hereunder, sustained or incurred by said insured by reason of:
1. Title to the estate or interest described in Schedule A being vested other than as stated therein;
2. Any defect in or lien or encumbrance on such title;
3. Unmarketability of such title; or
4. Any lack of the ordinary right of an abutting owner for access to at least one physically open street
or.highway if the land, in fact, abuts upon one or more such streets or highways;
and in addition, as to an insured lender only:
5. Invalidity of the lien of the insured mortgage upon said estate or interest except to the extent that
such invalidity, or claim thereof, arises out of the transaction evidenced by the insured mortgage and
is based upon
a. usury, or
b. any consumer credit protection or truth in lending law;
6. Priority of any lien or encumbrance over the lien of the insured mortgage, said mortgage being shown
in Schedule B in the order of its priority; or
7. Invalidity of any assignment of the insured mortgage, provided such assignment is shown
in Schedule B.
Transamerica Title Insurance Company
fly C
President
By
?. Secretary
'.' '•.' '1''...''.'S . I' ''''
.. ;.; ..
FORM NO.810. REVISED I0
FOR USE WITH CLIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY M 1973
SCHEDULE A
Amount of Insurance S 7,924,133.00 ChargeS 10,972.00
Date of Policy SEPTEMBER 10, 1982, AT 4:04 P.M. Order No. 1302 62287
Name of Insured:
CEDRIC E. SANDERS
1. The estate or interest in the land described herein and which -is covered by this policy is a fee
2. The estate or interest referred to herein is at Date of Policy vested in:
CEDRIC E. SANDERS, A MARRIED MAN AS HIS SOLE AND
SEPARATE PROPERTY.
OR'M NO. 804 REVISED 10.73
OR USE WITH ALTA LOAN POLICY-1970 ANO ALTA COi.STRUCTION LOAN POLICY-1975
WITH STRT IMPROVEMENT ASSESSMENT COVERAGE.
FOR USE WITH CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY FORM-1973
SCHEDULE A—Continued
The land referred to in this policy is situated in the State of California, County of SAN DIEGO,
CITY OF CARLSBAD , and is described as follows:
PARCEL 1:
ALL THAT PORTION OF LOTS "D" AND "E" OF THE RANCHO AGUA HEDIONDA,
IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED
AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF BAY SHORE, UNIT NO. 2 1
-ACCORDING TO NAP THEREOF NO. 7671, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY ON JUNE 20, 1973, SAID
POINT ALSO BEING THE NORTHEAST CORNER OF LAND SHOWN ON THE
MAP OF CARLSBAD TRACT NO. 76-12, ACCORDING TO MAP THEREOF NO
9935, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
ON DECEMBER 16, 1980; THENCE ALONG THE BOUNDARY OF SAID LAND
SHOWN ON SAID-MAP NO. 9935 THE FOLLOWING COURSES SOUTH 1 DEGREE
57 MINUTES 58 SECONDS WEST, 610.73 FEET; THENCE NORTH 14 DEGREES
18 MINUTES 41 SECONDS WEST, 173.76 FEET; -THENCE SOUTH 55 DEGREES
37 MINUTES 57 SECONDS WEST, 223.84 FEET; THENCE SOUTH 6 DEGREES
48 MINUTES 26 SECONDS WEST, 453.90 FEET: THENCE SOUTH 23 DEGREES
20 MINUTES 54 SECONDS WEST, 177,99 FEET; THENCE SOUTH 67 DEGREES
31 MINUTES 58 SECONDS WEST, 104.70 FEET; THENCE SOUTH 6 DEGREES
54 MINUTES 14 SECONDS WEST, 213.64 FEET; THENCE SOUTH 35 DEGREES
11 MINUTES 24 SECONDS WEST, 151.63 FEET; THENCE NORTH 72 DEGREES
22 MINUTES 50 SECONDS WEST, 179.35 FEET; THENCE NORTH 59 DEGREES
48 MINUTES 28 SECONDS WEST, 131.06 FEET; THENCE NORTH 10 DEGREES
25 MINUTES 27 SECONDS WEST, 66.60 FEET; THENCE NORTH 79 DEGREES
40 MINUTES 12 SECONDS WEST, 118.90 FEET; THENCE NORTH 43 DEGREES
09 MINUTES 20 SECONDS WEST, 153.79 FEET; THENCE NORTH 81 DEGREES
24 MINUTES 45 SECONDS WEST, 96.91 FEET; THENCE SOUTH 7 DEGREES
41 MINUTES 08 SECONDS WEST, 190.89 FEET; THENCE SOUTH 8 DEGREES
22 MINUTES 30 SECONDS EAST, 203.47 FEET; THENCE SOUTH 28 DEGREES
31 MINUTES 33 SECONDS EAST, 372.41 FEET; THENCE SOUTH 13 DEGREES
32 MINUTES 45 SECONDS WEST 98.54 FEET; THENCE SOUTH 59 DEGREES
25 MINUTES 45 SECONDS WEST, 133.52 FEET; THENCE SOUTH 15 DEGREES
39 MINUTES 32 SECONDS WEST, 167.59 FEET; THENCE LEAVING SAID
BOUNDARY OF LAND SHOWN ON MAP NO. 9935 SOUTH 29 DEGREES 25 MINUTES
01 SECONDS WEST, 4,676.56 FEET, THENCE NORTH 89 DEGREES 25 MINUTES
10 SECONDS WEST, 171.23 FEET; THENCE NORTH 29 DEGREES 25 MINUTES
01 SECONDS EAST, 1,669.10 FEET; THENCE NORTH 24 DEGREES 13
MINUTES 39 SECONDS WEST, 1,445.24 FEET TO THE BEGINNING OF A
TANGENT 1 1 000.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE
...
NORTHWESTERLY, NORTHERLY AND NORTHEASTERLY ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 53 DEGREES 54 MINUTES
39 SECONDS A DISTANCE OF 940.92 FEET; THENC-E LEAVING SAID
CURVE SOUTH 76 DEGREES 25 MINUTES 02 SECONDS EAST, 420.51 FEET;
THENCE SOUTH 58 DEGREES 08 MINUTES 02 SECONDS EAST, 435.66
FEET; THENCE SOUTH 2 DEGREES 23 MINUTES 09 SECONDS WEST,
240.21 FEET; THENCE SOUTH 44 DEGREES 21 MINUTES 23 SECONDS EAST,
647.96 FEET; THENCE NORTH 29 DEGREES 25 MINUTES 01 SECONDS
EAST, 2,165.74 FEET; THENCE NORTH 28 DEGREES 31 MINUTES 33 SECONDS
WEST, 166.53 FEET; THENCE NORTH 8 DEGREES 22 MINUTES 30 SECONDS
209.84 FEET; THENCE NORTH 7 DEGREES 41 MINUTES 08 SECONDS EAST,
194.03 FEET; THENCE NORTH 81 DEGREES 24 MINUTES 45 SECONDS WEST,
33.00 FEET; THENCE SOUTH 74 DEGREES 26 MINUTES 40 SECONDS WEST,
429.98 FEET; THENCE SOUTH 45 DEGREES 51 MINUTES 00 SECONDS
WEST, 350.01 FEET; THENCE SOUTH 14 DEGREES 56 MINUTES 53 SECONDS
WEST, 740.00 FEET; THENCE SOUTH 56 DEGREES 46 MINUTES 53 SECONDS
WEST, 400.00 FEET; THENCE NORTH 73 DEGREES 43 MINUTES 07 SECONDS
WEST, 200,00 FEET; THENCE NORTH 24 DEGREES 13 MINUTES 07 SECONDS
WEST., 210.00 FEET; THENCE NORTH 53 DEGREES 03 MINUTES 07 SECONDS
WEST, 425.00 FEET; TO THE PROPOSED CENTERLINE OF COLLEGE BOULEVARD
PER IMPROVEMENT PLANS ON FILE IN THE OFFICE OF THE CITY ENGINEER
OF THE CITY OF THE CI-TY OF CARLSBAD; THENCE ALONG SAID PROPSED
CENTERLINE NORTH 36 DEGREES 56 MINUTES 53 SECONDS EAST, 909.05
FEET TO THE BEGINNING OF A TANGENT 1,000.00 FOOT RADIUS CURVE
CONCAVE WESTERLY, THENCE ALONG THE ARC OF SAID CURVE NORTHEASTERLY,
NORTHERLY AND NORTHWESTERLY THROUGH A CENTRAL ANGLE OF 75 DEGREES
55 MINUTES 53 SECONDS A DISTANCE OF 1,325.25 FEET; THENCE TANGENT
TO SAID. CURVE AND CONTINUING ALONG SAID PROPOSED CENTERLINE NORTH
38 DEGREES 59 MINUTES 00 SECONDS WEST, 25.26 FEET TO THE NORTH
BOUNDARY OF LAND SHOWN ON SAID MAP NO. 9935; THENCE LEAVING
SAID PROPOSED CENTERLINE ALONG SAID NORTH BOUNDARY NORTH .89
DEGREES 19 MINUTES 35 SECONDS EAST, 2 1 549,27 FEET TO THE POINT
OF BEGINNING.
PARCEL 2:
THAT PORTION OF LOTS "D" AND "J" OF THE RANCHO AGUA HEDIONDA IN
THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO THE PARTITION MAP THEREOF NO. 823, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON NOVEMBER 16, 1896,
DESCRIBED AS FOLLOWS:
. 0
BEGINNING AT A POINT IN THE NORTH BOUNDARY OF LAND SHOWN ON
NAP NO. 9935, FILED IN.THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY ON DECEMBER 16, 1980, SAID POINT BEARS SOUTH 89 DEGREES
19 MINUTES 35 SECONDS WEST, 2,580.39 FEET FROM THE NORTHEAST
CORNER OF SAID LAND SHOWN ON NAP NO. 9935; THENCE ALONG SAID
NORTH BOUNDARY NORTH 89 DEGREES 19 MINUTES 35 SECONDS EAST,
31.12 FEET; THENCE LEAVING SAID NORTH BOUNDARY SOUTH 38 DEGREES
59 MINUTES 00 SECONDS EAST, 25.26 FEET TO THE BEGINNING OF A
TANGENT 1,000.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE
SOUTHEASTERLY, SOUTHERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 75 DEGREES 55 MINUTES 53
SECONDS A DISTANCE OF 1,325.25 FEET; THENCE TANGENT TO SAID
CURVE SOUTH 36 DEGREES 56 MINUTES 53 SECONDS WEST, 909.95 FEET;
THENCE SOUTH 53 DEGREES 03 MINUTES 07 SECONDS EAST, 425.00
FEET; THENCE SOUTH 24 DEGREES 13 MINUTES 07 SECONDS EAST,
210.00 FEET; THENCE SOUTH 73 DEGREES 43 MINUTES 07 SECONDS
EAST, 200.00 FEET; THENCE NORTH 56 DEGREES 46 MINUTES 53 SECONDS
EAST, 400.00 FEET; THENCE NORTH 14 DEGREES 56 MINUTES 53
SECONDS EAST, 740.00 FEET; THENCE NORTH 45 DEGREES 51 MINUTES
00 SECONDS EAST, 350.01 FEET, THENCE NORTH 74 DEGREES 26 MINUTES
..40 SECONDS EAST, 429.98 FEET; THENCE SOUTH 81 DEGREES 24 MINUTES
45 SECONDS EAST, 33.00 FEET; THENCE PARALLEL .WITH AND 20.00 FEET
WESTERLY, MEASURED AT RIGHT ANGLES,' FROM THE EASTERLY
BOUNDARY OF LAND SHOWN ON SAID MAP NO. 9935, SOUTH 7 DEGREES
41 MINUTES 08 SECONDS WEST, 194.03 FEET; tHENCE SOUTH 8 DEGREES
22 MINUTES 30 SECONDS EAST 209.84 FEET; THENCE SOUTH 28 DEGREES
31 MINUTES 33 SECONDS EAST, 166.53 FEET; THENCE LEAVING SAID
PARALLEL COURSES SOUTH 29 DEGREES 25 MINUTES 01 SECONDS WEST,
2,165,74 FEET; THENCE NORTH 44 DEGREES 21 MINUTES 23 SECONDS WEST,
647.96 FEET; THENCE NORTH 2 DEGREES 23 MINUTES 09 SECONDS EAST,
240.21 FEET; THENCE NORTH 58 DEGREES 08 MINUTES 02 SECONDS WEST,
435.66 FEET; THENCE NORTH 76 DEGREES 25 MINUTES 02 SECONDS WEST,
420.51 FEET;TO THE PROPOSED CENTERLINE OF COLLEGE BOULEVARD PER
IMPROVEMENT PLANS ON FILE IN THE OFFICE OF THE CITY ENGINEER OF
THE CITY OF CARLSBAD, SAID POINT BEING THE BEGINNING OF A 1,000.00
FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL LINE TO SAID
POINT BEARS NORTH 60 DEGREES 19 MINUTES 01 SECONDS WEST; THENCE
SOUTHERLY ALONG SAID PROPOSED CENTERLINE AND THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 13 DEGREES 32 MINUTES 52 SECONDS A
DISTANCE OF 236.45 FEET TO THE PROPOSED CENTERLINE OF ELM AVENUE
AS SHOWN ON SAID IMPROVEMENT PALNS, A RADIAL LINE TO SAID POINT
BEARS NORTH 73 DEGREES 51 MINUTES 53 SECONDS WEST, THENCE LEAVING
SAID CURVE ALONG SAID PROPOSED CENTERLINE OF ELM AVENUE AND THE
PROLONGATION OF SAID RADIAL LINE NORTH 73 DEGREES 51 MINUTES
53 SECONDS WEST, 155.70 FEET TO THE BEGINNING OF A TANGENT
1 1 000.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY THENCE NORTHWESTERLY,
WESTERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTERLINE ANGLE OF 34 DEGREES 45 MINUTES 19 SECONDS, A DISTANCE OF
. I...
606.59 FEET; THENCE TANGENT TO SAID CURVE SOUTH 71 DEGREES
22 MINUTES 48 SECONDS WEST, 825.88 FEET TO THE BOUNDARY OF
LAND DESCRIBED IN DEED TO TREETOPS UNLIMITED, RECORDED MARCH
26, 1980, AS FILE/PAGE NO. 80-102577 OFFICIAL RECORDS; THENCE
LEAVING SAID PROPOSED CENTERLINE ALONG THE BOUNDARY OF SAID
TREETOPS LAND THE FOLLOWING COURSES NORTH 18 DEGREES 37 MINUTES
12 SECONDS WEST, 310.00 FEET; THENCE NORTH 31 DEGREES 37 MINUTES
23 SECONDS WEST, 372.70 FEET; THENCE NORTH I DEGREE 04 MINUTES S
50 SECONDS EAST, 105.00 FEET; THENCE NORTH 79 DEGREES 14 MINUTES S
50 SECONDS EAST, 650.00 FEET; THENCE SOUTH 87 DEGREES 15
MINUTES 10 SECONDS EAST, 740.00 FEET; THENCE SOUTH 71 DEGREES
31 MINUTES 39 SECONDS EAST, 651.98 FEET TO THE AFORESAID
PROPOSED CENTERLINE OF COLLEGE BOULEVARD; THENCE ALONG SAID
PROPOSED CENTERLINE AND CONTINUING ALONG SAID TREETOPS BOUNDARY
NORTH 29.. DEGREES 40 MINUTES 59 SECONDS EAST, 420.00 FEET; THENCE
LEAVING SAID PROPOSED CENTERLINE AND CONTINUING ALONG SAID
TREETOPS BOUNDARY NORTH 59 DEGREES 02 MINUTES 50 SECONDS WEST,
-373.81 FEET; THENCE NORTH. 80 DEGREES 35 MINUTES 00 SECONDS
WEST, 1 1 240.00 FEET; THENCE NORTH 21 DEGREES 05 MINUTES 00 SECONDS
WEST, 444.98 FEET TO THE BEGINNING OF A TANGENT 50.00 FOOT RADIUS
CURVE CONCAVE SOUTHEASTERLY; THENCE CLOCKWISE ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 129 DEGREES 05 MINUTES 00
SECONDS A DISTANCE OF 112.65 FEET; THENCE TANGENT TO SAID CURVE
SOUTH 72 DEGREES 00 MINUTES 00 SECONDS EAST, 88.57 FEET TO THE
BEGINNING OF A TANGENT 50.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY;
THENCE COUNTER- CLOCqISE ALONG THE ARC 0F SAID CURVE THROUGH A
CENTRAL ANGLE OF 79 DEGREES 58 MINUTES 09 SECONDS A DISTANCE OF
69,79 FEET TO A POINT OF REVERSE CURVATURE WITH A 2 1 000.00 FOOT
RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL LINE OT SAID POINT
FROM SAID 2,000,00 FOOT RADIUS CURVE BEARS NORTH 61 DEGREES 58
MINUTES 09 SECONDS WEST; THENCE NORTHEASTERLY ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 15 DEGREES 42 MINUTES
33 SECONDS A DISTANCE OF 548.35 FEET TO A POINT IN THE ARC OF
SAID CURVE TO WHICH A RADIAL LINE BEARS NORTH 46 DEGREES 15
MINUTES 36 SECONDS WEST; THENCE LEVAING SAID CURVE NORTH 59 DEGREES
51 MINUTES 59 SECONDS EAST, 804.25 FEET (RECORD=804.26 FEET1;
THENCE NORTH 13 DEGREES 27 MINUTES 33 SECONDS WEST CRECORD=NORTH
13 DEGREES 37 MINUTES 33 SECONDS WEST), 360.00 FEET TO THE NORTH
BOUNDARY OF SAID LAND SHOWN ON SAID MAP NO. 9935; THENCE LEAVING
SAID TREETOPS BOUNDARY ALONG SAID NORTH BOUNDARY OF SAID MAP
NO. 9935 NORTH 89 DEGREES 19 MINUTES 04 SECONDS EAST, 11L3.60 FEET;
TO THE POINT OF BEGINNING.
. o
EXCEPTING FROM THE ABOVE DESCRIBED PARCEL OF LAND THAT PORTION
THEREOF CONVEYED TO CARLSBAD MUNICIPAL WATER DISTRICT BY DEED
RECORDED JANUARY 9, 1967 AS DOCUMENT NO. 2637, SERIES 8, BOOK
1967, OFFICIAL RECORDS.
PARCEL 3:
THAT PORTION OF LOTS "D's , "E" AND "J t' OF THE RANCHO AGUA HEDIONDA,
IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO THE PARTITION MAP THEREOF NO. 823, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON NOVEMBER 16, 1896,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF LOT 140 OF CARLSBAD TRACT
NO. 76-12, ACCORDING TO NAP THEREOF NO. 9935, FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY ON DECEMBER 16, 1980; THENCE
ALONG THE BOUNDARY OF SAID LOT 140 NORTH 1 DEGREE 42 MINUTES
41 SECONDS EAST, 610.00 FEET; THENCE CONTINUING ALONG SAID BOUNDARY
NORTH 23 DEGREES 15 MINUTES 45 SECONDS WEST, 720.30 FEET TO THE
BOUNDARY OF LAND CONVEYED TO TREETOPS UNLIMITED BY DEED RECORDED
MARCH 26, 1980, AS FILE/PAGE NO. 80-102577, OFFICIAL RECORDS;
THENCE ALONG THE BOUNDARY OF SAID TREETOPS LAND THE FOLLOWING
COURSES SOUTH 78 DEGREES 14 MINUTES 59 SECONDS EAST, 319.91 FEET;
THENCE SOUTH 48 DEGREES 43 MINUTES 39 SECOND5.EAST, 335.00 FEET;
THENCE NORTH 48' DEGREES 46 MINUTES 21 SECONDS EAST, 250.00 FEET;
THENCE SOUTH 81 DEGREES 13 MINUTES 39 SECONDS EAST, 210.00 FEET;
THENCE NORTH 8 DEGREES 46 MINUTES 21 SECONDS EAST, 980.00 FEET
(RECORD=NORTH 8 DEGREES 46 MINUTES 24 SECONDS EAST, 980.08 FEET1;
THENCE LEAVING SAID TREETOPS LAND SOUTH 24 DEGREES 13 MINUTES
39 SECONDS EAST, 675.24 FEET; THENCE SOUTH 29 DEGREES 25 MINUTES
01 SECONDS WEST, 1,669.10 FEET; THENCE SOUTH 89 DEGREES 25 MINUTES
10 SECONDS EAST, 171.23 FEET; THENCE NORTH 29 DEGREES 25 MINUTES
01 SECONDS EAST, 4,676.56 FEET; THENCE NORTH 29 DEGREES 25 MINUTES
01 SECONDS EAST, 4,676.56 FEET. TO THE EAST BOUNDARY OF LAND SHOWN
ON SAID MAP NO. 9935; THENCE ALONG SAID EAST BOUNDARY THE FOLLOWING
COURSES SOUTH 15 DEGREES 39 MINUTES 32 SECONDS WEST, 185.19 FEET;
THENCE SOUTH 57 DEGREES 49 MINUTES 13 SECONDS EAST, 56.58 FEET;
THENCE SOUTH 0 DEGREES 21 MINUTES 05 SECONDS WEST, 2,179.90
FEET; THENCE NORTH 89 DEGREES 36 MINUTES 23 SECONDS WEST, 265.56
FEET; THENCE SOUTH 1 DEGREE 15 MINUTES 07 SECONDS WEST, 150.30
FEET; THENCE SOUTH 9 DEGREES 46 MINUTES 50 SECONDS WEST, 112.79
FEET THENCE SOUTH 20 DEGREES 53 MINUTES 19 SEONDDS WEST, 126.01
FEET; THENCE SOUTH 14 DEGREES 40 MINUTES 43 SECONDS WEST, 57.10;
THENCE SOUTH 7 DEGREES 13 MINUTES 27 SECONDS WEST, 135.34 FEET;
THENCE SOUTH 11 DEGREES 36 MINUTES 18 SECONDS WEST, 65.24 FEET,
THENCE SOUTH 14 DEGREES 41 MINUTES 25 SECONDS WEST, 159.68 FEET;
THENCE SOUTH 21 DEGREES 39 MINUTES 05 SECONDS WEST, 190.34 FEET;
THENCE SOUTH 13 DEGREES 43 MINUTES 35 SECONDS WEST 781.82 FEET
TO THE SOUTHEAST CORNER OF SAID LAND SHOWN ON MAP NO. 9935; THENCE
ALONG THE SOUTH BOUNDARY OF SAID NORTH 89 DEGREES 25 MINUTES 10
SECONDS WEST, 2 1 080.08 FEET TO THE POINT OF BEGINNING.
PARCEL 4:
THAT PORTION OF LOTS 'ED", t1 E' AND J" OF THE RANCHO AGUA HEDIONDA,
IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO THE PARTITION MAP THEREOF NO. 823, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON NOVEMBER 16, 1896,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF LOT 1 OF CARLSBAD TRACT
NO 76-12 ACCORDING TO MAP THEREOF NO. 9935, FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY ON DECEMBER16, 1980, SAID
POINT BEING IN THE ARC OF A 642.00-FOOT RADIUS CONCAVE
NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 63 DEGREES
53 MINUTES 10 SECONDS EAST: THENCE SOUTHWESTERLY ALONG THE
BOUNDARY OF SAID CARLSBAD TRACT NO. 76-12 AND THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 10 DEGREES 53 MINUTES 10 SECONDS
A DISTANCE OF 121.98 FEET; THENCE TANGENT TO SAID CURVE SOUTH
37 DEGREES 00 MINUTES 00 SECONDS WEST, 702.00 FEET TO THE BEGINNING
.OF A.-TANGENT 958.00-FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE
CONTINUING SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH
A CENTRAL ANGLE OF 15 DEGREES 47 MINUTES 30 SECONDS A DISTANCE OF
264.00 FEET; THENCE TANGENT TO SAID CURVE SOUTH 21 DEGREES
12 MINUTES 30 SECONDS WEST, 455.73 FEET; THENCE LEAVING THE
BOUNDARY OF'SAID CARLSBAD TRACT NO. 76-12 NORTH 0 DEGREES
34 MINUTES 50 SECONDS EAST, 944.01 FEET; THENCE NORTH 89 DEGREES
25 MINUTES 10 SECONDS WEST, 300.00 FEET; THENCE SOUTH 0 DEGREES
34 MINUTES 50 SECONDS WEST, 660.00 FEET TO THE BOUNDARY OF LAND
SHOWN ON SAID MAP NO. 9935; THENCE ALONG .THE BOUNDARY OF SAID LAND
THE FOLLOWING COURSES NORTH 89 DEGREES 25 MINUTES 10 SECONDS WEST
317.25 FEET; THENCE NORTH 0 DEGREES 34 MINUTES 50 SECONDS EAST,
987.75 FEET; THENCE NORTH 24 DEGREES 22 MINUTES 57 SECONDS WEST,
1 1 829.13 FEET; THENCE NORTH 24 DEGREES 25 MINUTES 34 SECONDS WEST
1,805.09 FEET; THENCE NORTH 70 DEGREES 04 MINUTES 37 SECONDS EAST,
515.00 FEET; THENCE LEAVING SAID BOUNDARY SOUTH 42 DEGREES
45 MINUTES 55 SECONDS EAST, 95.64 FEET; THENCE SOUTH 43 DEGREES
00 MINUTES 00 SECONDS EAST, 380.00 FEET; THENCE SOUTH 3 DEGREES
30 MINUTES 00 SECONDS EAST, 190.00 FEET; THENCE SOUTH 31 DEGREES
30 MINUTES 00 SECONDS EAST, 360.00 FEET; THENCE SOUTH 15 DEGREES
00 MINUTES 00 SECONDS EAST, 140.00 FEET TO THE BOUNDARY OF LAND
CONVEYED TO TREETOPS UNLIMITED BY DEED RECORDED JUNE 19, 1979, AS
FILE/PAGE NO. 79-252293, OFFICIAL RECORDS; THENCE ALONG SAID
BOUNDARY NORTH 70 DEGREES 04 MINUTES 37 SECONDS EAST, 699.57
FEET TO THE BOUNDARY.0F LAND CONVEYED TO TREETOPS UNLIMITED BY
DEED RECORDED MARCH 26, 1980 AS FILE/PAGE NO. 80-102577; THENCE
ALONG SAID BOUNDARY THE FOLLOWING COURSES SOUTH 16 DEGREES 49
MINUTES 53 SECONDS EAST, 218.38 FEET; THENCE SOUTH 26 DEGREES
10 MINUTES 23 SECONDS EAST, 500.00 FEET; THENCE SOUTH 85 DEGREES
.
S
29 MINUTES 37 SECONDS WEST, 480.00 FEET; THENCE NORTH 39 DEGREES
00 MINUTES 23 SECONDS WST, 372.00 FEET; THENCE NORTH 13 DEGREES
46 MINUTES 34 SECONDS WEST, 176.94 FEET; THENCE LEAVING SAID
TREETOPS LAND SOUTH 70 DEGREES 04 MINUTES 37 SECONDS WEST, 167.64
FEET TO THE WEST BOUNDARY OF LAND CONVEYED TO SAID TREETOPS
UNLIMITED BY SAID DEED RECORDED AT FILE/PAGE NO. 80-102577; THENCE
SOUTH 28 DEGREES 37 MINUTES .41 SECONDS EAST, 482.64 FEET; THENCE
SOUTH 2 DEGREES 54 MINUTES 50 SECONDS WEST, 350.00 FEET; THENCE
SOUTH 17 DEGREES 25 MINUTES 10 SECONDS EAST, 430.00 FEET; THENCE
SOUTH 24 DEGREES 25 MINUTES 10 SECONDS EAST,-490.00 FEET; THENCE
SOUTH 10 DEGREES 43 MINUTES 01 SECONDS EAST, 257.35 FEET; THENCE
SOUTH 24 DEGREES 25 MINUTES 10 SECONDS EAST, 430.00 FEET; THENCE
SOUTH 48 DEGREES 05 MINUTES 12 SECONDS EAST, 200.00 FEET, THENCE
SOUTH 24 DEGREES 25 MINUTES 10 SECONDS EAST, 30000 FEET; THENCE
NORTH 59 DEGREES 09 MINUTES EAST, 587.00 FEET; THENCE NORTH 43
DEGREES 29 MINUTES 50 SECONDS EAST, 339.00 FEET; THENCE SOUTH
8& DEGREES 08 MINUTES 50 SECONDS EAST, 71.22 FEET TO A POINT IN
THE ARC OF A 1 1 000 FOOT RADIUS CURVE CONCAVE WESTERLY, A RADIAL
LINE TO SAID POINT BEARS SOUTH 75 DEGREES 17 MINUTES 40 SECONDS
EAST; THENCE NORTHEASTERLY, NORTHERLY AND NORTHWESTERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 33
DEGREES 19 MINUTES 32SECONDS A DISTANCE;OF 581.64 FEET; THENCE
TANGENT TO SAID' CURVE NORTH 18 DEGREES 37 MINUTES 12 SECONDS WEST,
273.62 FEET TO THE PROPOSED CENTERLINE OF ELM AVENUE PER THE
IMPROVEMENT PLANS ON FILE IN THE OFFICE OF 'THE CITY ENGINEER OF THE
CITY OF CARLSBAD; THENCE LEAVING THE BOUNDARY OF SAID TREETOPS
UNLIMITED LAND ALONG SAID PROPOSED CENTERLINE NORTH 71 DEGREES
22 MINUTES 48 SECONDS EAST, 825.88 FEET TO THE BEGINNING OF A
TANGENT 1,000,00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE
NORTHEASTERLY, EASTERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 34 DEGREES 45 MINUTES 19 SECONDS
A DISTANCE OF 606.59 FEET; THENCE TANGENT TO SAID CURVE SOUTH
73 DEGREES 51 MINUTES 53 SECONDS EAST, 155.70 FEET TO THE
PROPOSED CENTERLINE OF COLLEGE BOULEVARD AS SHOWN ON SAID IMPROVEMENT
PLANS, SAID POINT BEING IN THE ARC OF A 1,000.00 FOOT RADIUS CURVE
CONCAVE SOUTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 73
DEGREES 51 MINUTES 53 SECONDS EAST; THENCE LEAVING SAID PROPOSED
CENTERLINE SOUTHWESTERLY AND SOUTHERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 23 DEGREES 04 MINUTES 30 SECONDS A DISTANCE
OF 402.74 FEET TO A POINT IN THE ARC OF SAID CURVE TO WHICH A RADIAL
LINE BEARS SOUTH 83 DEGREES 03 MINUTES 38 SECONDS WEST, SAID POINT
ALSO BEING IN THE BOUNDARY OF LAND CONVEYED TO TREETOPS UNLIMITED
BY DEED RECORDED MARCH 26, 1980, AS FILE/PAGE NO. 80-102577;
OFFICIAL RECORDS; THENCE LEAVING SAID CURVE ALONG THE BOUNDARY
OF SAID TREETOPS LAND SOUTH 69 DEGREES 28 MINUTES 42 SECONDS
WEST, 751.12 FEET; THENCE SOUTH 7 DEGREES 33 MINUTES 07 SECONDS
EAST, 19.69 FEET (RECORD=SOUTH 7 DEGREES 27 MINUTES 26 SECONDS
WEST, 19.77 FEET) TO THE BEGINNING OF A NON-TANGENT 680.00 FOOT
RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT
BEARS SOUTH 70 DEGREES 30 MINUTES 40 SECONDS WEST; THENCE
SOUTHEASTERLY, SOUTHERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID
S .•
CURVE THROUGH A CENTPL ANGLE OF 92 DEGREES 09 MINUTES 20 SECONDS
A DISTANCE OF 1,093.72 FEET TO THE BOUNDARY OF SAID CARLSBAD
TRACT NO. 76-12, A RADIAL LINE TO SAID POINT BEARS SOUTH
17 DEGREES 20 MINUTES 00 SECONDS EAST; THENCE LEAVING SAID
CURVE AND SAID TREETOPS LAND ALONG THE BOUNDARY OF SAID CARLSBAD
TRACT NO. 76-12 THE FOLLOWING COURSES NORTH 34 DEGREES 33 MINUTES
00 SECONDS WEST, 127.12 FEET; THENCE NORTH 60 DEGREES 37 MINUTES
32 SECONDS WEST, 250.22 FEET TO THE POINT OF BEGINNING.
EXCEPTING FROM THE ABOVE DESCRIBED PARCEL OF LAND THAT PORTION
THEREOF CONVEYED TO CARLSBAD MUNICIPAL WATER DISTRICT BY DEED
RECORDED JANUARY 9, 1967 AS DOCUMENT NO. 2642, SERIES 8 1 BOOK
1967, OFFICIAL RECORDS.
FORM t40. 812 REVISED 40 9
FOR US WITH CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY FORM-1973
SCHEDULE B
This policy does not insure against loss or damage, nor against costs, attorneys' fees or expenses, any or all
of which arise by reason of the following:
Part I
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that
levies taxes or assessments on real property or by the public records.
Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings,
whether or not shown by the records of such agency or by the public records.
2. Any facts, rights, interests or claims which are not shown by the public records but which could be
ascertained by an inspection of the land or by making inquiry of persons in possession thereof.
3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records.
- 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a
-. correct survey would disclose, and which are not shown by the public records.
S. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the
issuance thereof; (c) water rights, claims or title to water.
6. Any right, title, interest, estate or easement in land beyond the lines of the area specifically described
or referred to in Schedule A, or in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but
nothing in this paragraph shall modify or limit the extent to which the ordinary right of an abutting
owner for access to a physically open street or highway is insured by this policy.
7. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordi-
nances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regu-
lating the character, dimensions or location of any improvement now or hereafter erected on the land,
or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the
effect of any violation of any such law, ordinance or governmental regulation.
8. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such
rights appears in the public records.
9. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed
to by the insured claimant; (b) not shown by the public records and not otherwise excluded from cov-
erage but known to the insured claimant either at Date of Policy or at the date such claimant acquired
an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing
by the insured claimant to the Company prior to the date such insured claimant became an insured
hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subse-
quent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the
insured claimant had been a purchaser or encumbrancer for value without knowledge.
SEE NEXT PAGE FOR SCHEDULE B PART 11
ORM NO. 813 REVISED 5.74
FOR USE WITH CALl FORNA t.AND rTLE ASSOCI. l'4 STANDARD COVERAGE POLICY FORM -
SCHEDULE B Part II
A. TAXES, A LIEN, NOT YET DUE AND PAYABLE.
FOR FISCAL YEAR : 1982-83
1. EASEMENT, AND INCIDENTS THERETO,
GRANTED TO : SAN DIEGO CONSOLIDATED GAS AND ELECTRIC
COMPANY, A CORPORATION
RECORDED : NOVEMBER 19, 1928, OF DEEDS
BOOK : 1550
PAGE : 343
PURPOSE : POLE LINE
AFFECTS : THE WESTERLY 12 FEET OF LOT D.
2. EASEMENT, AND INCIDENTS THERETO,
GRANTED TO : OCEANSIDE MUTUAL WATER COMPANY
RECORDED : JULY 11, 1930, OFFICIAL RECORDS
BOOK : 1796
PAGE :142
PURPOSE : PIPE LINE
AFFECTS : REFERENCE IS MADE TO SAID INSTRUMENT
FOR MORE PARTICULARS
3. EASEMENT, AND INCIDENTS THERETO,
GRANTED TO : SAN DIEGO GAS AND ELECTRIC CO,
RECORDED : JUNE 1, 1953, OFFICIAL RECORDS
BOOK : 4874
PAGE : 143
PURPOSE : STEEL TOWERS, POLE LINE, WIRES AND
CABLES
AFFECTS : 150 FEET IN WIDTH, MEASURED 110 FEET
NORTHWESTERLY AND 40 FEET SOUTHEASTERLY
OF THE FOLLOWING DESCRIBED LINE:
. ••
ITEM 3 CONTINUED.....
BEGINNING AT A POINT ON THE SOUTHERLY LIVE OF LOT "E" OF
SAID RANCHO AGUA' HEDIONDA, WHICH POINT IS SOUTHEASTERLY A
DISTANCE OF 1234.64 FEET FROM CORNER NO. 3 OF SAID LOT "E";
THENCE NORTH 28 DEGREES 48 MINUTES 24 SECONDS EAST A DISTANCE
OF 8868.32 FEET TO POINT "A"; THENCE NORTH 65 DEGREES
47 MINUTES 04 SECONDS ABOVE DESCRIBED PROPERTY
4. COVENANTS, CONDITIONS AND RESTRICTIONS, OMITTING RESTRICTIONS,
IF ANY, BASED ON RACE, COLOR, RELIGION OR NATIONAL ORIGIN,
AS CONTAINED IN INSTRUMENT,
EXECUTED BY :ALLAN 0. KELLY, ET AL
RECORDED : APRIL 1 1 1958, OFFICIAL RECORDS
BOOK : 7016
PAGE : 536
CONTAINING : MORTGAGEE PROTECTION CLAUSE: YES
EXPRESS FORFEITURE OR REVERSION: YES
5. COVENANTS, CONDITIONS AND RESTRICTIONS, OMITTING RESTRICTIONS,
IF ANY, BASED ON RACE, COLOR, RELIGION OR NATIONAL ORIGIN,
AS CONTAINED 1N INSTRUMENT,
EXECUTED BY : ELSIE M. KELLY, ET AL
RECORDED : JANUARY 5 1 1959, OFFICIAL RECORDS
BOOK : 7427
PAGE :358 -.
CONTAINING : MORTGAGEE PROTECTION CLAUSE: YES
EXPRESS FORFEITURE OR REVERSION : YES
6. EASEMENT, AND INCIDENTS THERETO,
.GRANTED TO : SAN DIEGO GAS AND ELECTRIC COMPANY,
A CORPORATION
RECORDED : JANUARY 16, 1963, OFFICIAL RECORDS
INSTRUMENT NO. : 9526
PURPOSE : POLE LINE
AFFECTS : THE CENTER LINE OF SAID RIGHT OF WAY
IN THE AFORESAID LANDS IS PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT IN THE EASTERLY LINE OF SAID LOT "J"
DISTANT THEREON SOUTH 1 DEGREE 43 MINUTES 28 SECONDS WEST,
..•••....
ITEM NO. 6 CONTINUED.....
1239.20 FEET FROM CORNER NO. 5 OF LOT "D" OF SAID RANCHO
AGUA HEDIQNDA; THENCE NORTH 82 DEGREES 31 MINUTES 02 SECONDS
WEST, A DISTANCE OF 562.59 FEET TO THE TRUE POINT OF
BEGINNING OF THE ABOVE SAID CENTER LINE OF RIGHT OF WAY;
THENCE FROM SAID TRUE POINT OF BEGINNING, CONTINUING NORTH
82 DEGREES 31 MINUTES 02 SECONDS WEST, A DISTANCE OF
927.53 FEET7 THENCE SOUTH 71 DEGREES 37 MINUTES 58 SECONDS
WEST, A DISTANCE OF 1120.00 FEET, MORE OR LESS, TO THE
WESTERLY LINE OF THE ABOVE DESCRIBED PROPERTY.
6.1 THE ABOVE ITEM AFFECTS PARCEL 4.
7;. EASEMENT, AND INCIDENTS THERETO,
GRANTED TO : CARLSBAD MUNICIPAL WATER DISTRICT
RECORDED : JANUARY 9 1 1967, OFFICIAL RECORDS
INSTRUMENT NO, : 2638
PURPOSE . : DRAINAGE CHANNELS
AFFECTS : SAID LAND. NO LOCATION SET FORTH.
8. EASEMENT, AND INCIDENTS THERETO,
GRANTED TO : CARLSBAD MUNICIPAL WATER DISTRICT
RECORDED : JANUARY 9 1 1967, OFFICIAL RECORDS
INSTRUMENT NO. : 2638
PURPOSE ; PIPE LINE
AFFECTS : A STRIP OF LAND THE CENTER LINE OF WHICH
IS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT POINT 4 OF LOT D OF RANCHO AGUA HEDIONDA; THENCE
NORTH 1 DEGREE 46 MINUTES 56 SECONDS EAST 2637.98 FEET TO
POINT 5 OF SAID LOT B; THENCE NORTH 65 DEGREES 57 MINUTES
53 SECONDS WEST 10.38 FEET; THENCE NORTH 24 DEGREES 02 MINUTES
07 SECONDS EAST 427.94 FEET; THENCE NORTH 5 DEGREES 14 MINUTES
. .•••••
ITEM 8 CONTINUED.....
26 SECONDS EAST 287.60 FEET; THENCE NORTH 18 DEGREES
02 MINUTES 37 SECONDS EAST 497.21 FEET; THENCE SOUTH 71
DEGREES 57 MINUTES 23 SECONDS EAST 75.00 FEET; THENCE
NORTH 18 DEGREES 02 MINUTES 37 SECONDS EAST 13.17 FEET TO
THE TRUE POINT OF BEGINNING; THENCE SOUTH 30 DEGREES 12
MINUTES 18 SECONDS EAST 300 FEET.
9. EASEMENT, AND INCIDENTS THERETO,
RECORDED : JANUARY 9, 1967, OFFICIAL RECORDS
INSTRUMENT NO. : 2639
PURPOSE : PIPE LINES
AFFECTS : A STRIP OF LAND 20 FEET IN WIDTH, THE
CENTER LINE OF WHICH IS DESCRIBED
AS FOLLOWS:
BEGINNING AT POINT 7 1 LOT 'J" OF SAID PARTITION NAP NO. 823
OF RANCHO AGUA HEDIONDA; THENCE NORTH 01 DEGREE 46 MINUTES
56 SECONDS EAST 2637.98 FEET TO POINT 1 OF SAID LOT "J';
THENCE NORTH 65 DEGREES 57 MINUTES 53 SECONDS WEST 10.38 FEET;
THENCE NORTH 24 DEGREES 02 MINUTES 07 SECONDS EAST 30.00
FEET TO THE TRU POINT OF BEGINNING; THENCE SOUTH 24 DEGREES
02 MINUTES 07 SECONDS WEST 50.00 FEET. REFERENCE IS MADE TO
SAID INSTRUMENT FOR MORE PARTICULARS.
10. EASEMENT, AND INCIDENTS THERETO,
RECORDED : JANUARY 9, 1967, OFFICIAL RECORDS
INSTRUMENT NO. : 2640
PURPOSE : RIPE LINE
AFFECTS : A STRIP OF LAND 20 FEET IN WIDTH,
THE CENTER LINE OF WHICH IS DESCRIBED
AS FOLLOWS:
BEGINNING AT POINT 4 OF SAID LOT D AS SHOWN ON SAID MAP
823; THENCE NORTH 01 DEGREE 46 MINUTES 56 SECONDS EAST
2637.98 FEET TO POINT 5 OF SAID LOT D; THENCE NORTH
65 DEGREES 57 MINUTES 53 SECONDS WEST 10.38 FEET; THENCE
SOUTH 24 DEGREES 02 MINUTES 07 SECONDS WEST 20.00 FEET
TO THE TRUE POINT OF BEGINNING; THENCE NORTH 24 DEGREES
02 MINUTES 07 SECONDS EAST 332.09 FEET TO THE BEGINNING
TEM 10 CONTINUED.....
OF A TANGENT CURVE CONCAVE TO THE LEFT HAVING A RADIUS OF
700. 00 FEET; THENCE. NORTHEASTERLY AND NORTHERLY ALONG SAID
TANGENT CURVE THROUGH A CENTRAL ANGLE OF 18 DEGREES 47 MINUTES
41 SECONDS AN ARC DISTANCE OF 229.62 FEET; THENCE LEAVING SAID
CURVE NORTH 05 DEGREES 14 MINUTES 26 SECONDS EAST 81.99 FEET
TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE RIGHT HAVING
A RADIUS OF 800.00 FEET; THENCE NORTHERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 12 DEGREES 48 MINUTES 11 SECONDS
AN ARC DISTANCE OF 178.76 FEET; THENCE LEAVING SAID TANGENT
CURVE NORTH 18 DEGREES 02 MINUTES 37 SECONDS EAST 407.45 FEET.
REFERENCE IS MADE TO SAID INSTRUMENT FOR MORE PARTICULARS..
1, EASEMENT, AND INCIDENTS THERETO,
- RECORDED : JANUARY 9 1 1967, OFFICIAL RECORDS
INSTRUMENT NO. : 2641
PURPOSE : PIPE LINE -
AFFECTS : A STRIP OF LAND 20 FEET IN WIDTH, THE
CENTER LINE OF WHICH IS DESCRIBED AS
FOLLOWS:
BEGINNING AT POINT 7, LOT J OF SAID PARTITION MAP 823 OF
PANCHO AGUA HEDIONDA; THENCE NORTH 01 DEGREE 46 MINUTES
56 SECONDS EAST 2637.98 FEET TO POINT 1 OF SAID LOT J;
THENCE NORTH 65 DEGREES 57 MINUTES 53 SECONDS WEST 10.38
FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 24 DEGREES
02 MINUTES 07 SECONDS WEST 956.98 FEET.
REFERENCE IS MADE TO SAID INSTRUMENT FOR MORE PARTICULARS.
12. EASEMENT, AND INCIDENTS THERETO,
GRANTED TO : CARLSBAD MUNICIPAL WATER DISTRICT
RECORDED : JANUARY 9 1 1967, OFFICIAL RECORDS
INSTRUMENT NO. : 2642
PURPOSE : ACCESS
AFFECTS : SAID LAND. NO LOCATION 'SET '-FORTH.
L
-3 EASEMENT, AD INCIDENTS THERETO,
RECORDED : JANUARY 9 1 1967, OFFICIAL RECORDS
INSTRUMENT NO. : 2643
PURPOSE : RIGHT OF WAY 20 FEET IN WIDTH TO ERECT,
CONSTRUCT, RECONSTRUCT, REPLACE, REPAIR,
MAINTAIN AND USE A PIPELINE OR PIPELINES
FOR THE PURPOSE OF CARRYING WATER
AFFECTS : THE LANDS HEREINAFTER DESCRIBED, THE
CENTER LINE OF WHICH.IS AS FOLLOWS:
BEGINNING AT POINT 7, LOT J OF SAID PARTITION MAP 823 OF
RANCHO AGUA HEDIONA; THENCE NORTH 01 DEGREE 46 MINUTES 56
SECONDS EAST 2637.98 FEET TO POINT 1 OF SAID LOT J; THENCE
NORTH 65 DEGREES 57 MINUTES 53 SECONDS WEST 10.38 FEET TO
THE TRUE POINT OF BEGINNING; THENCE SOUTH 24 DEGREES 02 MINUTES
07 SECONDS WEST 956.98 FEET, -
REFERENCE IS MADE TO SAID INSTRUMENT FOR MORE PARTICULARS.
4. EASEMENT, AND INCIDENTS THERETO,
RECORDED : JANUARY 9 1 1967, OFFICIAL RECORDS
INSTRUMENT NO. : 2644
PURPOSE : RIGHT OF WAY 20 FEETIN WIDTH, TO ERECT,
CONSTRUCT, RECONSTRUCT, REPLACE, REPAIR,
MAINTAIN AND USE A PIPELINE OR PIPELINES
FOR THE PURPOSE OF CARRYING WATER
AFFECTS THE LANDS HEREINAFTER DESCRIBED, THE
CENTER LINE OF WHICH IS AS FOLLOWS:
.BEGINNING AT POINT 7, LOT 7 OF SAID PARTITION MAP 823 OF RANCHO
AGUA HEDIONDA; THENCE NORTH 01 DEGREE 46 MINUTES 56 SECONDS EAST
2637.98 FEET TO POINT 1 OF SAID LOT J; THENCE NORTH 65 DEGREES
57 MINUTES 53 SECONDSWEST 10.38 FEET; THENCE SOUTH 24 DEGREES
02 MINUTES 07 SECONDS WEST 956,98 FEET TO A POINT HEREINAFTER
REFERENCED AS POINT "A n ; THE TRUE POINT OF BEGINNING; THENCE
SOUTH 25 DEGREES 02 MINUTES 07 SECONDS WEST 509,04 FEET; THENCE
SOUTH 28 DEGREES 02 MINUTES 53 SECONDS WEST 140.23 FEET TO THE
BEGINNING OF A TANGENT CURVE CONCAVE TO THE RIGHT HAVING A RADIUS
OF 700.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 09 DEGREES 06 MINUTES 38 SECONDS AN ARC DISTANCE
OF 111,31 FEET; THENCE SOUTH 37 DEGREES 09 MINUTES 31 SECONDS
WEST 595.35 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
TO THE LEFT HAVING A RADIUS OF 1000.00 FEET; THENCE SOUTHWESTERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 07 DEGREES 10 MINUTES
29 SECONDS AN ARC DISTANCE OF 125.22 FEET; THENCE LEAVING SAID
TANGENT CURVE SOUTH 29 DEGREES 59 MINUTES 02 SECONDS WEST
672.79 FEET.
REFERENCE IS MADE TO SAID INSTRUMENT FOR MORE PARTICULARS.
.• .••••
5. EASEMENT, AND INCIDENTS THERETO,
GRANTED TO : CARLSBAD MUNICIPAL WATER DISTRICT
RECORDED : JANUARY 1, 1967, OFFICIAL RECORDS
INSTRUMENT NO. : 2646
PURPOSE : PIPELINES
AFFECTS : SAID PROPERTY
6. EASEMENT, AND INCIDENTS THERETO,
GRANTED TO : SAN DIEGO COUNTY WATER AUTHORITY,
A PUBLIC CORPORATION
RECORDED : OCTOBER 27, 1976, OFFICIAL RECORDS
INSTRUMENT NO. : 76-358217
-. PURPOSE : PIPE LINE
AFFECTS : SAID STRIP OF LAND 30 FEET IN WIDTH
LYING 15 FEET ON EACH SIDE, MEASURED
AT RIGHT ANGLES, FROM THE FOLLOWING DESCRIBED SURVEY LINE:
BEGINNING AT A CORNER IN THE SOUTHEASTERLY BOUNDARY OF SAID
LAND FORMED BY RECORD BEARINGS NORTH 89 DEGREES 37 MINUTES
38 SECONDS WEST AND NORTH 01 DEGREE 18 MINUTES 02 SECONDS
EAST, SAID CORNER BEING ALSO ENGINEER'S STATION 299+10.61
BACK 299.15.25 AHEAD ON SAID SURVEY LINE; THENCE ALONG SAID
SOUTHEASTERLY BOUNDARY AND THE EASTERLY EXTENSION THEREOF
NORTH 89 DEGREES 37 MINUTES 38 SECONDS WEST, RECORD)
355,58 FEET; THENCE SOUTH 00 DEGREES 59 MINUTES EAST 15.55
FEET TO ENGINEER'S STATION 295+53.89 ON SAID SURVEY LINE AND
THE TRUE POINT OF BEGINNING.
THENCE ALONG SAID SURVEY LINE NORTH 89 DEGREES 31 MINUTES
27 SECONDS WEST, 89.92 FEET; THENCE NORTH 86 DEGREES 12 MINUTES
27 SECONDS WEST, 266.80 FEET. TO ENGINEER'S STATION 299+10.61
BACK; THENCE NORTH 64 DEGREES 01 MINUTES 01 SECONDS WEST,
1.479,70 FEET; THENCE SOUTH 64 DEGREES 36 MINUTES 55 SECONDS
WEST, 282.25 FEET TO ENGINEERS STATION 316+77.20, THE END
POINT OF THE ABOVE DESCRIBED SURVEY LINE, SAID END POINT BEING
DISTANT THEREFROM NORTH 74 DEGREES 18 MINUTES 01 SECONDS
WEST, 2,016.50 FEET FROM THE TRUE POINT OF BEGINNING.
.•••••
17. EASEMENT, AND INCIDENTS THERETO; -
GRANTED TO SAN DIEGO COUNTY WATER AUTHORITY
RECORDED : JULY 28, 1978, OFFICIAL RECORDS
INSTRUMENT NO. : 78-319050
PURPOSE : PIPES AND PIPELINES
AFFECTS : SAID STRIP OF LAND 30 FEET WIDE, LYING
15 FEET ON EACH SIDE, MEASURED AT RIGHT
ANGLES, FROM THE FOLLOWING DESCRIBED SURVEY LINE, BEGINNING
AT A POINT IN THE EASTERLY BOUNDARY THEREON NORTH 00 DEGREES
25 MINUTES 23 SECONDS EAST, 15.00 FEET FROM THE SOUTHEAST
CORNER OF SAID LAKE CALAVERAS HILLS ASSOCIATES LAND,
SAID POINT BEING ENGINEER'S STATION 305+17.95 ON SAID
SURVEY LINE AND THE TRUE POINT OF BEGINNING.
THENCE ALONG SAID SURVEY LINE NORTH 89 DEGREES 30 MINUTES WEST
15.00 FEET; THENCE NORTH 04 DEGREES 20 MINUTES 50 SECONDS
WEST 437.06 FEET; THENCE NORTH 40 DEGREES 38 MINUTES 21
SECONDS WEST 564.57 FEET; THENCE NORTH 67 DEGREES 29 MINUTES
31 SECONDS WEST 184.00 FEET; THENCE SOUTH 74 DEGREES 29 MINUTES
39 SECONDS WEST 302.87 FEET; THENCE NORTH 44 DEGREES 50 MINUTES
21 SECONDS WEST 517.78 FEET; THENCE NORTH 56 DEGREES 59 MINUTES
04 SECONDS WEST 212.79 FEET; THENCE NORTH 01 DEGREE 34 MINUTES
54 SECONDS WEST 264.64 FEET THENCE NORTH-61 DEGREES 18 MINUTES
54 SECONDS WEST 398.84 FEET; THENCE NORTH 72 DEGREES 29 MINUTES
28 SECONDS WEST 148,90 FEET; THENCE SOUTH 79 DEGREES 29 MINUTES
26 SECONDS WEST 290.51 FEET TO ENGINEERS STATION 338.65, THE
END POINT OF THE ABOVE DESCRIBED SURVEY LINE, SAID END POINT
BEING DISTANT NORTH 51 DEGREES 00 MINUTES 20 SECONDS WEST,
2.847.57 FEET FROM THE TRUE POINT OF BEGINNING.
-THE SIDE LINES OF THE ABOVE DESCRIBED 30 FOOT WIDE STRIP OF
LAND SHALL BE PROLONGED OR SHORTENED SO AS TO TERMINATE
EASTERLY IN THE EASTERLY AND SOUTHERLY BOUNDARIES AND
NORTHERLY IN A LINE PERPENDICULAR AND PASSING THROUGH THE
ABOVE DESCRIBED END POINT.
18. EASEMENT, AND INCIDENTS THERETO,
RESERVED BY : CARLSBAD MUNICIPAL WATER DISTRICT,
A MUNICIPAL WATER DISTRICT
RECORDED : NOVEMBER 17, 1978, OFFICIAL RECORDS
INSTRUMENT NO. : 78-497734
PURPOSE : PIPE LINES AND UNDERGROUND CONDUITS
AFFECTS : ALL THAT PORTION OF PARCEL 1 OF LOT
"J" OF RANCHO AGUA HEDIONDA, ACCORDING
TO MAP NO. 823, RECORDED IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO COUNTY ON NOVEMBER 16, 1896, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS
FOLLOWS:
• BEGINNING AT A POINT WHICH IS THE SOUTHEASTERLY CORNER OF
CARLSBAD TRACT 74-14 (A), MAP NO. 8585; THENCE NORTHEASTERLY
-. ALONG THE PROLONGATION OF THE SOUTHERLY BOUNDARY OF CARLSBAD
TRACT 74-14 (Al, MAP NO. 8585 NORTH 82 DEGREES 59 MINUTES
47 SECONDS EAST (NORTH 82 DEGREES 00 MINUTES -100 SECONDS EAST
DEED) 1054.66 FEET TO THE SOUTHWESTERLY LINE OF LAND DESCRIBED
IN DEED FROM MINNIE LILLIAN BORDEN, ET AL.,, TO CARROLL ELMER
BORDEN DATED FEBRUARY 3, 1912 AND RECORDED IN BOOK 560,
PAGE 578 OF-DEEDS; THENCE NORTH 24 DEGREES 20 MINUTES 17
SECONDS WEST (NORTH 25 DEGREES 30 MINUTES 00 SECONDS WEST DEED)
341.50 FEET TO THE TRUE POINT OF BEGINN-ING, THENCE NORTH
41 DEGREES 06 MINUTES 30 SECONDS EAST 56.50 FEET; THENCE
SOUTH 48 DEGREES 53 MINUTES 30 SECONDS EAST- 20.00 FEET; THENCE
SOUTH 41 DEGREES 06 MINUTES 30 SECONDS WEST 65.64 FEET; THENCE
NORTH 24 DEGREES 20 MINUTES 17 SECONDS WEST 21.99 FEET TO THE
TO THE TRUE POINT OF BEGINNING.
9. EASEMENT, AND INCIDENTS THERETO,
GRANTED TO : SAN DIEGO COUNTY -WATER DISTRICT,
A PUBLIC CORPORATION
RECORDED : OFFICIAL RECORDS, JUNE 13, 1979
INSTRUMENT NO. : 79-243270
PURPOSE : PUBLIC UTILITY
AFFECTS : A STRIP OF LAND 30 FEET WIDE IN THAT.
CERTAIN PORTION OF LOT D OF THE
SUBDIVISION OF RANCHO AGUA HEDIONDA, IN THE COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN ON MP 823, FILED
IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
NOVEMBER 16, 1896, UNDER FILE NO. 73-332778, OFFICIAL RECORDS
OF SAID COUNTY. SAID STRIP OF LAND 30 FEET WIDE, LYING
15 FEET ON EACH SIDE, MEASURED AT RIGHT ANGLES FROM THE
FOLLOWING DESCRIBED SURVEY LINE;
BEGINNING AT A POINT IN THE SOUTH BOUNDARY OF SAID BOWKER
LAND, DISTANT THEREON NORTH 89 DEGREES 10 MINUTES 49 SECONDS
WEST, SOUTH 89 DEGREES 13 MINUTES 50 SECONDS EAST, RECORD
1,699.04 FEET FROM THE SOUTHEAST CORNER OF SAID BOWKER LAND,
SAID POINT BEING-ENGINEER'S STATION 33+12.33 ON SAID SURVEY
LINE AND THE TRUE POINT OF BEGINNING; THENCE ALONG SAID
SURVEY LINE NORTH 61 DEGREES 18 MINUTES 54 SECONDS WEST,
113.26 FEET; THENCE NORTH 72 DEGREES 29 MINUTES 28 SECONDS
WEST, 148,90 FEET: THENCE SOUTH 79 DEGREES 29 MINUTES
26 SECONDS WEST, 290.51 FEET TO ENGINEER'S-STATION
338+65, THE END POINT OF THE ABOVE DESCRIBED SURVEY LINE, SAID
END POINT BEING DISTANT NORTH 88 DEGREES 11 MINUTES 11 SECONDS
WEST, 2,226.98 FEET FROM THE POINT OF BEGINNING.
. .
EASEMENT, AND INCIDENTS THERETO, -
GRANTED TO : LAKE CALAVERP HILLS ASSOCIATES,
A LIMITED PARTNERSHIP, ET AL
RECORDED : MARCH 26, 1980, OFFICIAL RECORDS
INSTRUMENT NOS. : 80-102576 AND 80-102577
PURPOSE : ACCESS
AFFECTS : A STRIP OF LAND 102.00 FEET WIDE, BEING
THE PROPOSED EXTENSION OF COLLEGE
BOULEVARD, AND THE CENTER LINE OF SAID STRIP BEING DESCRIBED
AS FOLLOWS:
COMMENCING AT THE SOUTHWESTERLY CORNER OF MIRA COSTA MESA
UNIT NO. 5, ACCORDING TO NAP THEREOF NO. 7151 FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 29,
1971; THENCE ALONG THE SOUTHERLY LINE OF SAID NAP NO. 7151;
NORTH 89 DEGREES 18 MINUTES 35 SECONDS EAST, 31.12 FEET
TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 38 DEGREES
59 MINUTES 00 SECONDS EAST, 25.26 FEET TO THE BEGINNING OF
A TANGENT 1000.00 FOOT RADIUS CURVE, CONCAVE WESTERLY;
THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH
A CENTRAL ANGLE OF 75 DEGREES 55 MINUTES 53 SECONDS A DISTANCE
OF 1325.25 FEET; THENCE TANGENT TO SAID CURVE SOUTH 36 DEGREES
56 MINUTES 53 SECONDS WEST, 909.25 FEET -TO THE BEGINNING
OF A TANGENT 1000.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY;
THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH
A CENTRAL ANGLE OF 07 DEGREES 15 MINUTES 54 SECONDS A DISTANCE
OF 126,80 FEET TO THE MOST EASTERLY CORNER OF PARCEL 1-A
OF SAID CERTIFICATE OF COMPLIANCE; THENCE TANGENT TO SAID
CURVE SOUTH 29 DEGREES 40 MINUTES 59 SECONDS WEST, 232.85 FEET
TO A POINT OF ACCESS TO SAID PARCEL 1-A; THENCE CONTINUING
SOUTH 29 DEGREES 40 MINUTES 59 SECONDS WEST, 353.67 FEET
TO THE BEGINNING OF A TANGENT 1000.00 FOOT RADIUS CURVE,
CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG THE ARC
OF SAID CURVE THROUGH A CENTER ANGLE OF 53 DEGREES 54 MINUTES
38 SECONDS A DISTANCE OF 940.92 FEET TO A POINT OF ACCESS
TO PARCEL 2 OF SAID CERTIFICATE OF COMPLIANCE. SAID EASEMENT
TO TERMINATE NORTHERLY IN THE SOUTHERLY LINE OF SAID MAP
NO. 7151,
A STRIP OF LAND 102.00 FEET IN WIDTH, BEING THE PROPOSED
EXTENSION OF ELM AVENUE, AND THE CENTER LINE OF SAID STRIP
BEING DESCRIBED AS FOLLOWS:
ITEM 20 CONTINUED ..S..S.
COMMENCING AT THE MOST EASTERLY CORNER OF SAID PARCEL 1-A
SAID CERTIFICATE OF COMPLIANCE AS SAID CORNER IS
DESCRIBED IN ACCESS EASEMENT ABOVE; THENCE SOUTH 29 DEGREES
40 MINUTES 59 SECONDS WEST, 586.52 FEET TO THE BEGINNING
OF A TANGENT 1000.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY;
THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH
A CENTRAL ANGLE OF 13 DEGREES 32 MINUTES 52 SECONDS A DISTANCE
OF 236.45 FEET TO THE CENTER LINE INTERSECTION WITH-ELM AVENUE
PROPOSED EXTENSION AND BEING THE TRUE POINT OF BEGINNING;
THENCE NORTH 73 DEGREES 51 MINUTES 53 SECONDS WEST, 155.70
FEET TO THE BEGINNING OF A TANGENT 1000.00 FOOT RADIUS CURVE
CONCAVE SOUTHERLY; THENCE WESTERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 35 DEGREES 45 MINUTES 19
SECONDS A DISTANCE OF 606.59 FEET; THENCE TANGENT TO SAID
CURVE SOUTH 71 DEGREES 22 MINUTES 48 SECONDS WEST, 825.88 FEET
• TO THE CENTER LINE INTERSECTION WITH TAMARACK AVENUE PROPOSED
EXTENSION AND BEING A POINT OF ACCESS TO SAID PARCEL 1-A
OF CERTIFICATE OF COMPLIANCE. SAID EASEMENT TO TERMINATE
SOUTHEASTERLY IN THE CENTER LINE OF ACCESS EASEMENT PARCEL
A ABOVE.
21. EASEMENT, AND INCIDENTS THERETO,
GRANTED TO : COSTA REAL MUNICIPAL WATER DISTRICT
RECORDED : JANUARY 25, 1980, OFFICIAL RECORDS
INSTRUMENT NO. : 80-029382
PURPOSE : PIPELINES, INCLUDING BUT NOT LIMITED
TO, CONDUITS AND CABLES FOR POWER
TRANSMISSION AND COMMUNICATION PURPOSES, INGRESS AND EGRESS,
AND THE RIGHT TO CLEAR AND KEEP CLEAR SAID RIGHT OF WAY
FROM EXPLOSIVES, BUILDING AND STRUCTURES
AFFECTS ; A STRIP OF LAND 40.00 FEET IN WIDTH,
LYING 10.00 FEET ON THE NORTHEAST
SIDE AND PARALLEL WITH, AND 30.00 FEET ON THE SOUTHWEST
SIDE AND PARALLEL WITH, AND A CONSTRUCTION EASEMENT OF
60.00 FEET IN WIDTH LYING 20.00 FEET ON THE NORTHEAST
SIDE AND PARALLEL WITH, AND 40.00 FEET ON THE SOUTHWEST
SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED LINE;
ITEM 21 CONTINUED.....
BEGINNING AT A POINT ON THE CENTERLINE OF A 30 FOOT EASEMENT,
SAID POINT IDENTIFIED AS "END STATION. 338.65", PER
SAN DIEGO COUNTY WATER AUTHORITY TRI-AGENCIES WATER
TRANSMISSION PIPELINE LANDS AND RIGHT MAP; THENCE
LEAVING SAID POINT AND 30 FOOT EASEMENT, NORTH 65 DEGREES
53 MINUTES 21 SECONDS REST, 489.85 FEET MORE OR LESS
TO A LINE WHICH BEARS NORTH 24 DEGREES 06 MINUTES 39
SECONDS EAST (RECORD NORTH 24 DEGREES 06 MINUTES 39
SECONDS EAST BEING THE CENTERLINE OF A COSTA REAL MUNICIPAL
WATER DISTRICT 20 FOOT WIDE EASEMENT. SAID TERMINATION
POINT LYING SOUTHWEST OF POINT 5, LOT D OF SAID SUBDIVISION
AND TIED BY FOLLOWING COURSES: NORTH 24 DEGREES 06 MINUTES
39 SECONDS EAST ALONG EASEMENT OF COSTA REAL MUNICIPAL WATER
DISTRICT 31.91 FEET MORE OR LESS; THENCE SOUTH 65 DEGREES
53 MINUTES 21 SECONDS EAST (RECORD SOUTH 65 DEGREES
57 MINUTES 53 SECONDS EAST) 10.38 FEET TO SAID POINT 5,
LOT D.
THE SIDELINES OF SAID WATER MAIN AND CONSTRUCTION EASEMENT
SHALL BE PROLONGED OR SHORTENED SO AS TO TERMINATE ON THE
NORTHWESTERLY END AT THE CENTERLINE OF COSTA REAL MUNICIPAL
WATER DISTRICT EASEMENT WHICH BEARS NORTH 24 DEGREES
06 MINUTES 39 SECONDS EAST AND ON THE SOUTHEASTERLY END OF
EASEMENT AT "END STATION 338+65" ON A LINE WHICH BEARS
SOUTH 10 DEGREES 30 MINUTES 32 SECONDS EAST.
22. EASEMENT, AND INCIDENTS THERETO,
GRANTED TO : LAKE CALAVERAS HILLS ASSOCIATES,
A CALIFORNIA LIMITED PARTNERSHIP
RECORDED : JULY 27,1981, OFFICIAL RECORDS
INSTRUMENT NO. : 81-236324
PURPOSE : PRIVATE STREET/ROAD, INGRESS AND EGRESS
AFFECTS : PARCEL 2: AN EASEMENT AND RIGHT OF WAY
FOR ACCESS PURPOSES OVER, ALONG AND
ACROSS THOSE PORTIONS OF LOT "D" OF RANCHO AGUA HEDIONDA,
IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO.. 823, FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY
NOVEMBER 16, 1896, LYING WITHIN A STRIP OF LAND 102.00
FEET WIDE, BEING THE PROPOSED EXTENSION OF COLLEGE BOULEVARD,
AND THE CENTER LINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS:
ITEM 22 CONTINUED.
COMMENCING AT THE SOUTHWESTERLY CORNER OF MIRA MESA UNIT
NO. 5, ACCORDING TO MP THEREOF NO. 7151, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
DECEMBER 29, 1971; THENCE ALONG THE SOUTHERLY LINE
OF SAID MAP NO. 7151, NORTH 89 DEGREES 18 MINUTES 35
SECONDS EAST, 31.12 FEET TO THE TRUE POINT OF BEGINNING;
THENCE SOUTH 38 DEGREES 59 MINUTES 00 SECONDS EAST, 25.26
FEET TO THE BEGINNING OF A TANGENT 1000.00 FOOT RADIUS CURVE
CONCAVE WESTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 75 DEGREES 55 MINUTES
53 SECONDS A DISTANCE OF 1325.25 FEET; THENCE TANGENT
TO SAID CURVE SOUTH 36 DEGREES 56 MINUTES 53 SECONDS
WEST, 909.25 FEET TO THE BEGINNING OF A TANGENT 1000.00
FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, THENCE
SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 7 DEGREES 15 MINUTES 54 SECONDS A DISTANCE OF
126.80 FEET TO THE MOST EASTERLY CORNER OF PARCEL 1-A OF
CERTIFICATE OF COMPLIANCE RECORDED JANUARY 22, 1980, AS
INSTRUMENT NO. 80-024454; THENCE TANGENT TO SAID CURVE
SOUTH 29 DEGREE 40 MINUTES 59 SECONDS WEST, 232.85 FEET
TO A POINT OF ACCESS TO SAID PARCEL 1-A; -THENCE
CONTINUING SOUTH 29 DEGREES 40 MINUTES 59 SECONDS WEST,
187.15 FEET TO AN ANGLE POINT IN SAID PARCEL 1-A,
BEING THE POINT OF TERMINATION.
PARCEL 3:
AN EASEMENT AND RIGHT OF WAY 102.00 FEET IN WIDTH LYING
WITHIN LOTS D AND J OF SAID RANCHO AGUA HEDIONDA, THE
CENTER LINE OF WHICH IS MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF PARCEL 1 DESCRIBED
ABOVE; THENCE ALONG THE SOUTHERLY LINE OF SAID LAND AS
FOLLOWS; NORTH 73 DEGREES 51 MINUTES 53 SECONDS WEST 155-70
FEET TO THE BEGINNING OF A 1000.00 FOOT RADIUS CURVE CONCAVE
SOUTHERLY, AND WESTERLY ALONG THE ARC OF SAID CURVE THROUGH
A CENTRAL ANGLE OF 34 DEGREES 45 MINUTES 19 SECONDS A
DISTANCE OF 606.59 FEET; AND TANGENT THERETO SOUTH 71 DEGREES
22 MINUTES 48 SECONDS WEST 825.88 TO POINT "A" BEING THE
POINT OF TERMINATION.
. a ..,
ITEM 22 CONTINUED .
PARCEL 4:
AN EASEMENT AND RIGHT OF WAY FOR ACCESS PURPOSE OVER ALL
THAT PORTION OF LOTS J AND E OF SAID RANCHO AGUA HEDIONDA,
84.00 FEET IN WIDTH, THE CENTERLINE OF WHICH IS MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT POINT "X" AS DESCRIBED IN PARCEL 3 ABOVE;
THENCE SOUTH 18 DEGREES 37 MINUTES 12 SECONDS EAST
273.62 FEET TO THE BEGINNING OF A TANGENT 1000 FOOT
RADIUS CURVE CONCAVE WESTERLY; THENCE SOUTHERLY ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 33 DEGREES
19 MINUTES 32 SECONDS A DISTANCE OF 581.64 FEET; THENCE
TANGENT TO SAID CURVE SOUTH 14 DEGREES 42 MINUTES 20
SECONDS WEST 138.57 TO THE BEGINNING OF A TANGENT 600.00
FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE SOUTHERLY
ALONG. THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
22 DEGREES 17 MINUTES 40 SECONDS A DISTANCE OF 241.45 FEET;
THENCE TANGENT THERETO SOUTH 37 DEGREES 00 MINUTES 00 SECONDS
TEST 702.00 FEET TO THE BEGINNING OF A 1000 FOOT RADIUS
CURVE CONCAVE EASTERLY; THENCE SOUTHERLY ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF-15 DEGREES 47 MINUTES
30 SECONDS A DISTANCE OF 275.62 FEET; THENCE TANGENT THERETO,
SOUTH 21 DEGREES 12 MINUTES 30 SECONDS WEST 344.15 FEET
TO POINT OF TERMINATION.
23. EASEMENT, AND INCIDENTS THERETO,
GRANTED TO : TREETOPS UNLIMITED, A JOINT VENTURE,
COMPOSED OF FINANCIAL SCENE INCORPORATED,
A CALIFORNIA CORPORATION AND PACIFIC SCENE, INC., A
CALIFORNIA CORPORATION
RECORDED : NOVEMBER 20, 1980, OFFICIAL RECORDS
INSTRUMENT : 80-377476
PURPOSE ; INGRESS AND EGRESS -'
AFFECTS i AN EASEMENT AND RIGHT OF WAY FOR ACCESS
PURPOSE OVER, ALONG AND ACROSS THOSE
PORTIONS OF LOT 't D" OF RANCHO AGUA HEDIONDA, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, LYING
WITHIN A STRIP OF LAND 102.00 FEET WIDE, BEING THE PROPOSED
EXTENSION OF COLLEGE BOULEVARD, AND THE CENTER LINE OF SAID
STRIP BEING DESCRIBED AS FOLLOWS:
..
ITEM 2' CONTINUED.....
COMMENCING AT THE SOUTHWESTERLY CORNER OF NIRA COSTA
MESA UNIT NO. 5, ACCORDING TO MAP THEREOF NO. 7151, FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
DECEMBER 29, 1971; THENCE ALONG THE SOUTHERLY LINE OF
SAID MAP NO. 7151, NORTH 89 DEGREES 18 MINUTES 35 SECONDS
EAST 31,12 FEET TO THE TRUE POINT OF BEGINNING; THENCE
SOUTH 38 DEGREES 59 MINUTES 00 SECONDS EAST 25.25 FEET
TO THE BEGINNING OF A TANGENT 1000.00 FOOT RADIUS
CURVE, CONCAVE WESTERLY; THENCE SOUTHERLY ALONG THE ARC
OF SAID CURVE THROUGH A CENTRAL ANGLE OF 75 DEGREES 55
MINUTES 53 SECONDS A DISTANCE OF 1325.25 FEET; THENCE
TANGENT TO SAID CURVE SOUTH 36 DEGREES 6 MINUTES
53 SECONDS WEST 909.25 FEET FEET TO THE BEGINNING
OF A TANGENT 1000.00 FOOT RADIUS CURVE, CONCAVE
SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 7 DEGREES 15 MINUTES
54 SECONDS A DISTANCE OF 126.80 FEET TO THE
MOST EASTERLY CORNER OF PARCEL 1-A OF CERTIFICATE OF
COMPLIANCE RECORDED JANUARY 22, 1980 AS INSTRUMENT NO.
80-024454; THENCE TANGENT TO SAID CURVE SOUTH 29 DEGREES
40 MINUTES 59 SECONDS WEST 232.85 FEET TO A POINT OF ACCESS
TO SAID PARCEL, 1-A; THENCE CONTINUING SOUTH 29 DEGREES
40 MINUTES 59 SECONDS WEST 187.15 FEET TO AN ANGLE POINT
IN SAID PARCEL 1-A, BEING THE POINT OF TERMINATION.
EXCEPTING THEREFROM ANY PORTION NOT LYING WITHIN THE
LANDS OF THE GRANTOR HEREIN. -.
24. EASEMENT, AND INCIDENTS THERETO,
GRANTED TO : LAKE CALAVERAS HILLS ASSOCIATES,
A CALIFORNIA LIMITED PARTNERSHIP
RECORDED : JULY 27, 1981, OFFICIAL RECORDS
INSTRUMENT NO. : 81-236324
PURPOSE : PRIVATE STREET/ROAD, INGRESS AND
EGRESS
ITEM 24 CONTINUED.....
AFFECTS: PARCEL 2
AN EASEMENT AND RIGHT OF WAY FOR ACCESS PURPOSES OVER,
ALONG, AND ACROSS THOSE PORTIONS OF LOT tt D" OF RANCHO
AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO MAP -THEREOF NO.823 1
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, NOVEMBER 16, 1896, LYING WITHIN A STRIP OF LAND
102.00 FEET WIDE, BEING THE PROPOSED EXTENSION OF
COLLEGE BOULEVARD, AND THE CENTER LINE OF SAID STRIP BEING
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWESTERLY CORNER OF MIRA COSTA MESA
UNIT NO. 5 1 ACCORDING TO MAP THEREOF NO. 7151, FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, DECEMBER 29, 1971; THENCE ALONG THE
SOUTHERLY LINE OF SAID MAP MO. 7151 1 NORTH -89 DEGREES
18 MINUTES 35SECONDS EAST, 31.12 FEET TO THE TRUE POINT
OF BEGINNING; THENCE SOUTH 38 DEGREES 59 MINUTES 00
SECONDS EAST, 25.26 FEET TO THE BEGINNING OF A TANGENT
1000.00 FOOT RADIUS CURVE, CONCAVE WESTERLY; THENCE
SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 75 DEGREES 55 MINUTES 53 SECONDS A DISTANCE OF
1325.25 FEET; THENCE TANGENT TO SAID CURVE SOUTH 36 DEGREES
56 MINUTES 53 SECONDS WEST, 909.25 FEET TO THE BEGINNING
OF A TANGENT 1000.00 FOOT RADIUS CURVE, CONCAVE
SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 7 DEGREES 15 MINUTES
54 SECONDS A DISTANCE OF 126.80 FEET TO THE MOST EASTERLY
CORNER OF PARCEL 1-A OF CERTIFICATE OF COMPLIANCE RECORDED
JANUARY 22, 1980, AS INSTRUMENT NO. 80-024454; THENCE TANGENT
TO SAID CURVE SOUTH 29 DEGREES 40 MINUTES 59 SECONDS
WEST, 232.85 FEET TO A POINT OF ACCESS TO SAID PARCEL 1-A;
THENCE CONTINUING SOUTH 29 DEGREES 40 MINUTES 59 SECONDS
WEST, 187.15 FEET TO AN ANGLE POINT IN SAID PARCEL 1-A,
BEING THE POINT OF TERMINATION.
PARCEL 3:
AN EASEMENT AND RIGHT OF WAY 102.00 FEET IN WIDTH LYING
WITHIN LOTS D AND J OF SAID RANCHO AGUA HEDIONDA, THE
CENTER LINE OF WHICH IS MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
. ..,,
ITEM 24 CONTINUED.....
BEGINNING AT THE SOUTHEAST CORNER OF PARCEL 1 DESCRIBED
ABOVE; THENCE ALONG THE SOUTHERLY LINE OF SAID LAND AS
FOLLOWS: NORTH 73 DEGREES 51 MINUTES 53 SECONDS WEST
155.70 FEET TO THE BEGINNING OF A 1000.00 FOOT
RADIUS CURVE CONCAVE SOUTHERLY, AND WESTERLY ALONG THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 34 DEGREES
45 MINUTES 19 SECONDS A DISTANCE OF 616.59 FEET;
AND TANGENT THERETO SOUTH 71 DEGREES 22 MINUTES 48
SECONDS WEST 825,88 TO POINT "X" BEING THE POINT OF
TERMINATION.
PARCEL 4:
AN EASEMENT AND RIGHT OF WAY FOR ACCESS PURPOSE OVER THAT
PORTION OF LOTS J AND E OF SAID RANCHO AGUA HEDIONDA,
84.00 FEET IN WIDTH, THE CENTERLINE OF WHICH IS MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT POINT "X AS DESCRIBED IN PAPCEL 3 ABOVE;
THENCE SOUTH 18 DEGREES 37 MINUTES 12 SECONDS EAST
273.62 FEET TO THE BEGINNING OF A TANGENT 1000 FOOT RADIUS
CURVE CONCAVE WESTERLY; THENCE SOUTHERLY ALONG THE ARC
OF SAID CURVE rfHROUGH A CENTRAL ANGLE OF 33 DEGREES
19 MINUTES 32 SECONDS A DISTANCE OF 581.64 FEET; THENCE
TANGENT TO SAID CURVE SOUTH 14 DEGREES 42 MINUTES
20 SECONDS WEST 138.57 FEET TO THE BEGINNING OF A
TANGENT 600.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY;
THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 22 DEGREES 17 MINUTES 40 SECONDS A
DISTANCE OF 241,45 FEET; THENCE TANGENT THERETO SOUTH
37 DEGREES 00 MINUTES 00 SECONDS WEST 702.00 FEET TO THE
BEGINNING OF A 1000 FOOT RADIUS CURVE CONCAVE EASTERLY;
THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 15 DEGREES 47 MINUTES 30 SECONDS
A DISTANCE OF 275,62 FEET; THENCE TANGENT THERETO, SOUTH
21 DEGREES 12 MINUTES 30 SECONDS WEST 344,15 FEET TO POINT
OF TERMINATION.
.• .••',
25. EASEMENT, AND INCIDENTS THERETO,
13
GRANTED TO
RECORDED
INSTRUMENT NO.
PURPOSE
AND DISTRIBUTION OF
: SAN DIEGO GAS AND ELECTRIC COMPANY,
A CORPORATION
; OCTOBER 8, 1981, OFFICIAL RECORDS
: 81-320410
: 1. UNDERGROUND FACILITIES AND
APPURTENANCES FOR THE TRANSMISSION
ELECTRICITY
2. PIPELINES AND APPURTENANCES FOR ANY AND ALL PURPOSES
AFFECTS : THE EASEMENT IN THE AFORESAID
LANDS SHALL BE 8.00 FEET IN WIDTH,
BEING 4.00 FEET MEASURED AT RIGHT ANGLES, ON EACH SIDE
OF THE FOLLOWING DESCRIBED CENTER LINE:
COMMENCING AT THE MOST NORTHERLY CORNER OF CARLSBAD TRACT
NO. 76-12, CALAVEPA HILLS ACCORDING TO MP THEREOF NO.
9935, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY OF SAN DIEGO THENCE ALONG THE NORTHWESTERLY
PROLONGATION OF THE NORTHEASTERLY BOUNDARY THEREON NORTH
60 DEGREES 37 MINUTES 32 SECONDS WEST,. 43.55 FEET; THENCE
LEAVING SAID NORTHWESTERLY PROLONGATION NORTH 29 DEGREES
:20 MINUTES 01 SECONDS EAST, 500.39 FEET TO THE TRUE POINT
OF BEGINNING OF THE CENTER LINE HEREIN DESCRIBED; THENCE
FROM SAID TRUE POINT OF BEGINNING SOUTH. 25 DEGREES 05
MINUTES 20 SECONDS WEST, 140.79 FEET; THENCE SOUTH 34
DEGREES 24 MINUTES 25 SECONDS WEST, 50.63 FEET TO THE
BEGINNING OF A NON-TANGENT 100.00 FOOT RADIUS CURVE CONCAVED
SOUTHEASTERLY, A RADIAL LINE OF SAID CURVE BEARS NORTH
26 DEGREES 53 MINUTES 07 SECONDS WEST; THENCE SOUTHWESTERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
48 DEGREES 24 MINUTES 41 SECONDS A DISTANCE OF 84.49 FEET.
. .•
26. EASEMENT AND INCIDENTS THERETO,
PURPOSE ; POLES, WIRES, CABLES AND APPURTENANCES
FOR THE TRANSMISSION AND DISTRIBUTION
OF ELECTRICITY. UNDERGROUND
FACILITIES AND APPURTENANCES FOR THE TRANSMISSION AND
DISTRIBUTION OF ELECTRICITY. PIPELINES AND APPURTENANCES FOR
ANY AND ALL PURPOSES, COMMUNICATION FACILITIES, OVERHEAD
AND/OR UNDERGROUND AND APPURTENANCES
GRANTED TO : SAN DIEGO GAS AND ELECTRIC COMPANY
RECORDED : JULY 15, 1981, OFFICIAL RECORDS
INSTRUMENT NO. : 81-222452
AFFECTS ; A STRIP OF LAND 3.00 FEET IN WIDTH
AS SHOWN ON THE ATTACHED EXHIBIT 'tA"
-27, EASEMENT, AND INCIDENTS THERETO,
GRANTED TO : CITY OF CARLSBAD
RECORDED : JANUARY 8, 1982, OFFICIAL RECORDS
INSTRUMENT NO, : 82-005688
PURPOSE : PUBLIC STREET/ROAD
AFFECTS : A PARCEL OF LAND BEING A PORTION OF
LOT J AND A PORTION OF LOT E, BOTH
AS SHOWN ON MAP NO, 823 ON FILE IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, STATE OF CALIFORNIA, DESCRIBED
AS FOLLOWS: -.
COMMENCING AT A POINT, SAID POINT BEING POINT 7 OF SAID LOT J
AS SHOWN ON SAID NAP NO. 823 THENCE ALONG THE SOUTHERLY
BOUNDARY LINE OF SAID LOT J NORTH 89 DEGREES 25 MINUTES
10 SECONDS WEST (NORTH 89 DEGREES 22 MINUTES 33 SECONDS WEST
PER DEED). 1791,41 FEET; THENCE LEAVING SAID BOUNDARY LINE,
SOUTH 00 DEGREES 34 MINUTES 50 SECONDS WEST 45.58 FEET TO
THE TRUE POINT OF BEGINNING; THENCE SOUTH 00 DEGREES
34 MINUTES 50 SECONDS WEST 238.44 FEET; THENCE NORTH 21
DEGREES 12 MINUTES 30 SECONDS EAST 455.72 FEET TO THE
BEGINNING OF A TANGENT 958.00 FOOT RADIUS CURVE CONCAVE
SOUTHEASTERLY; THENCE, NORTHERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 15 DEGREES 47 MINUTES
30 SECONDS A DISTANCE OF 264.04 FEET TO A POINT TO WHICH
A RADIAL LINE BEARS SOUTH 53 DEGREES 00 MINUTES 00 SECONDS
EAST THENCE NORTH 37 DEGREES 00 MINUTES 00 SECONDS EAST
70200 FEET TO THE BEGINNING OF A TANGENT 642.00 FOOT RADIUS
CRUVE CONCAVE NORTHWESTERLY; THENCE, NORTHERLY ALONG THE ARC
OF SAID CURVE THROUGH A CENTRAL ANGLE OF 10 DEGREES
53 MINUTES 10 SECONDS A DISTANCE OF 121.98 FEET TO A POINT
ITEM 27 CONTINUED,...,
TO WHICH A RADIAL LINE BEARS NORTH 63 DEGREES 53 MINUTES
10 SECONDS WEST, THENCE NORTH 63 DEGREES 53 MINUTES 10
SECONDS WEST 84.00 FEET TO THE BEGINNING OF A TANGENT
558.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE,
SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 10 DEGREES 53 MINUTES 10 SECONDS A DISTANCE OF
106.02 FEET TO A POINT TO WHICH A RADIAL LINE BEARS
NORTH 53 DEGREES 00 MINUTES 00 SECONDS WEST;. THENCE SOUTH
37 DEGREES 00 MINUTES 00 SECONDS WEST 702.00 FEET TO THE
BEGINNING OF A TANGENT 1042,00 FOOT RADIUS CURVE CONCAVE
SOUTHEASTERLY; THENCE, SOUTHERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 15 DEGREES 47 MINUTES
30 SECONDS A DISTANCE OF 287.19 FEET TO A POINT TO WHICH
A RADIAL LINE BEARS SOUTH 68 DEGREES 47 MINUTES 30 SECONDS
EAST, THENCE SOUTH 21 DEGREES 12 MINUTES 30 SECONDS WEST
232,57 FEET TO THE TRUE POINT OF BEGINNING.
28. DEED OF TRUST FOR THE ORIGINAL AMOUNT SHOWN BELOW, AND
ANY OTHER AMOUNTS PAYABLE UNDER THE TERMS THEREOF;
ORIGINAL AMOUNT ; $2,800 1 000.00
DATED ; AUGUST 24, 1982
RECORDED : SEPTEMBER 10, 1980, OFFICIAL RECORDS
INSTRUMENT NO ; 82-282031 -
TRUSTOR : CEDRIC E. SANDERS, A MARRIED MAN
AS HIS SOLE AND SEPARATE PROPERTY
TRUSTEE : CALIFORNIA GENERAL MORTGAGE SERVICE,
INC., A CORPORATION
BENEFICIARY : GREAT AMERICAN FEDERAL SAVINGS AND
LOAN ASSOCIATION, A CORPORATION
28,1 THE ABOVE ITEM AFFECTS PARCELS 3 AND 4
28.2 AGREEMENT ON THE TERMS AND CONDITIONS CONTAINED THEREIN.
PURPOSE : ESTOPPEL AND CONSENT AGREEMENT
EXECUTED BY : GREAT AMERICAN FEDERAL SAVINGS
AND LOAN ASSOCIATION, A FEDERAL
ASSOCIATION, ET AL
RECORDED : SEPTEMBER 10, 1982, OFFICIAL RECORDS
INSTRUMENT NO. : 82-282032
.•••
29. DEED OF TRUST FOR THE ORIGINAL AMOUNT SHOWN BELOW, AND
ANY OTHER AMOUNTS PAYABLE UNDER THE TERMS THEREOF;
ORIGINAL AMOUNT $2,890,000.00
DATED : AUGUST 16, 1982
RECORDED : SEPTEMBER 10, 1982, OFFICIAL RECORDS
INSTRUMENT NO, : 82-282033
TRUSTOR : CEDRIC E. SANDERS, A MARRIED MAN
TRUSTEE : TRNSAMERICA TITLE INSURANCE COMPANY,
A CALIFORNIA CORPORATION
BENEFICIARY : LAKE CALAVERA HILLS ASSOCIATES,
A CALIFORNIA LIMITED PARTNERSHIP
29.1 THE ABOVE ITEM AFFECTS PARCEL 2.
29,2 AGREEMENT ON THE TERMS AND CONDITIONS CONTAINED THEREIN.
PURPOSE : ESTOPPEL AND CONSNT AGREEMENT
EXECUTED BY ; LAKE CALAVERA HILLS ASSOCIATES,
A CALIFORNIA LIMITED PARTNERSHIP
RECORDED : SEPTEMBER 10, 1982 1 OFFICIAL RECORDS
INSTRUMENT NO. : 82-282034
29.3 ASSIGNMENT OF THE BENEFICIAL INTEREST UNDER SAID DEED OF
TRUST BY INSTRUMENT;
RECORDED : SEPTEMBER 10, 1982, OFFICIAL RECORDS
INSTRUMENT NO, : 82-282035
ASSIGNEE : DON N. BOWKER, TRUSTEE OF THE
MARTHA KILLEFER TRUST, UNDER TRUST
AGREEMENT DATED FEBRUARY 27, 1962
. I •
30. DEED OF TRUST FOR THE ORIGINAL AMOUNT SHOWN BELOW, AND
ANY OTHER AMOUNTS PAYABLE UNDER THE TERMS THEREOF;
ORIGINAL AMOUNT : $18,390,000.00
DATED : AUGUST 17, 1982
RECORDED : SEPTEMBER 10, 1982, OFFICIAL RECORDS
INSTRUMENT NO. : 82-282036
TRUSTOR : CEDRIC E. SANDERS
TRUSTEE : TRANSAMERICA TITLE INSURANCE COMPANY
BENEFICIARY : VERNON SAVINGS & LOAN ASSOCIATION
31. AN ASSIGNMENT OF CONTRACTS AND SALES PROCEEDS EXECUTED
BY CEDRIC E. SANDERS, ASSIGNOR AND VERNON SAVINGS &
LOAN ASSOCIATION, A TEXAS SAVINGS AND LOAN ASSOCIATION,
ASSIGNEE, RECORDED SEPTEMBER 10, 1982, AS INSTRUMENT NO.
82-282038 AS ADDITIONAL SECURITY FOR THE ABOVE DEED OF
TRUST.
STATEMENT OF AGREEMENT
TENTATIVE SUBDIVISION MAP
CITY OF CARLSBAD
The Subdivision Map Act and the Carlsbad Municipal Code sets a
fifty (50) day time restriction on Planning Commission processing
of Tentative Maps and a thirty (30) day time limit for City
Council action. These time limits can only be extended by the
mutual concurrence of the applicant and the City. By accepting
applications for Tentative Maps concurrently with applications
for other approvals which are prerequisites to the map; i.e.,
Environmental Assessment, Environmental Impact Report, Condominium
Plan, Planned Unit Development, etc., the fifty (50) day time
limits and the thirty (30) day time limits are often exceeded.
If you wish to have your application processed concurrently,
this agreement must be signed by the applicant or his agent. If
you choose not to sign the statement, the City will not accept
your application for the Tentative Map until all prior necessary
entitlements have been processed and approved.
The undersigned-understands that the processing time required by
the City may exceed the time limits, therefore the undersigned
agrees to extend the time limits for Planning Commission and
City Council action and fully concurs with any extensions of
time up to one year from the date the application was accepted
as complete to properly review all of the applications.
September 8, 1983
Date
Cedric E. Sanders Owner
Name (Print) Relationship to Application
(Property Owner-Agent)
f/,rr or OCE,4,V5/1iE
TIA~ SHORE
ESA UNIT 10 2
UNIT NO 5 A? 10. 7671
.iI MAP NO 15 MAP NO e3ps
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6.1
RECORDING REQUESTED BY ) s
WHEN RECORDED MAIL TO: )
)
CITY OF CA1LSBAD )
1200 Elm Avenue )
Carlsbad, California 92008 )
Space above this line for Recorder's use
Documentary transfer tax: $ No fee
Signature of declarant determining
tax-firm name
City of Carlsbad
Parcel No. 168-040-18/168-040-31
AGREEMENT BETWEEN DEVELOPER-OWNER -
AND THE CITY OF CARLSBAD FOR THE
PAYMENTOFAPUBLIC FACILITIESFEE
THIS AGREEMENT is entered into this 19day of July, 19 83
by and between CEDRICE.SANDEPSdbaCALAVERA HILLS CO MPANY
(name of developer-owner)
a soleowner _, hereinafter referred to as
Tcorporation, partnership, etc.)
"Developer" whose address is 110 West C Street, Suite 1220 ,
(stet)
San Diego, California 92101 and THE CITY OF
state, zip code) -
CARLSBAD, a municipal corporation of the State of California,
hereinafter referred to as "City", whose address is 1200 Elm Avenue,
Carlsbad, California, 92008.
W I T N B S S B T H:
WHEREAS, Developer is the owner of the real property described
on Exhibit "A:, attached hereto and made a part of this agreement,
hereinafter referred to as "Property"; and
WHEREAS, The Property lies within the boundaries of City; and
WHEREAS, Developer proposes adevelopment project as follows:
residential
REV 4-2-82
S on said Property, which development carries the proposed name of
CALAVERA HILLS
and is hereafter referred to as ."Development"; and
WHEREAS Developer filed on the 19 day of July
19 83 , with the City a request for Tentative Map
hereinafter referred to as "Request"; and
WHEREAS, the Public Facilities Element of the City General Plan
requires that the City Council find that all public facilities
necessary to serve a development will be available concurrent with
need or such development shall not be approved (said element is on
file with theCity Clerk and is incorporated by this reference); and
WHEREAS, Developer and City recognize the correctness of Council
Policy No. 17, dated April 2, 1982, in file with the City Clerk and
incorporated by this reference, and that the City's public facilities
and services are at capacity and will not be available to accommodate
the additional need for public facilities and services resulting from
the proposed Development; and
WHEREAS, Developer has asked the City to find that public
facilities and services will be available to meet the future needs of
the Development as it is presently proposed; but the Developer is
aware that the City cannot and will not be able to make any such
finding without financial assistance to pay for such services and
facilities; and therefore, Developer proposes to help satisfy the
General Plan as implemented by Council Policy No. 17 by payment of a
public facilities fee.
-2-
REV 4-2-82
NOW, THEREFORE,16 consideration of the reals and the
covenants contained herein, the parties agree as follows:
1. The Developer shall pay to the City a public facilities fee
in an amount not to exceed 2% of the building permit valuation of the
building or structures to be constructed in the Development pursuant
to the Request. The fee shall be paid prior to the issuance of
building or other construction permits for the development and shall
be based on the valuation at that time. This fee shall be in
addition to any fees, dedications or improvements required pursuant
to Titles 18, 20 or 21 of the Carlsbad Municipal Code. Developer
shall pay a fee for conversion o f existing building or structures
into condominiums in an amount not to exceed 2% of the building
permit valuation at the time of conversion. 'The fee for a
condominium conversion shall be paid prior to the issuance of a
condominium conversion permit as provided in Chapter 21.47 of the
Carlsbad Municipal Code. Condominium shall include community
apartment or stock cooperative. The terms "other construction
permits t', "other construction permit" and "entitlement for use" as
used in this agreement, except in reference to mobilehome sites or
projects, shall not refer to grading, permits or other permits for the
construction of underground or street improvements unless no other
permit is necessary prior to the use or occupancy for which the
development is intended. Developer shall pay to City a public
facilities fee in the sum of $1,150 for each mobilehotne space to be
constructed pursuant to the Request. The fee shall be paid prior to
the issuance of building or other construction permits for the
development. This fee shall be in addition to any fees, dedications
or improvements required according to Titles 18, 20 or 21 of the
Carlsbad Municipal Code. '
-3-
REV 4-2-82
. .
2. The Developer may offer to donate a site or sites for public
facilities in lieu of all or part of the financial obligation agreed
upon in Paragraph 1 above. If Developer offers to donate a site or
sites for public facilities, the City shall consider, but is not
obligated to accept the offer. The time for donation and amount of
credit against the fee shall be determined by City prior to. the
issuance of any building or other permits. Such determination, when
made, shall become a part of this agreement. Sites donated under
this paragraph shall not include improvements required pursuant to
Titles 18 or 20 of the Carlsbad Municipal Code.
3. This agreement and the fee paid pursuant hereto are required
to ensure the consistency of the Development with the City's General
Plan. If the fee is not paid as provided herein, the City will not
have the funds to provide public facilities and services, and the
development will not be consistent with the General Plan and any
approval or permit for the Development shall be void. No building or
other construction permit or entitlement for use shall be issued
until the public facilities fee required by this agreement is paid.
4. City agrees to deposit the fees paid pursuant to this
agreement in a public facilities fund for the financing of public
facilities when the City Council determines the need exists to
provide the facilities and sufficient funds from the payment of this
and similar public facilities fees are available.
5. City agrees to provide upon request reasonable assurances to
enable Developer to comply with any requirements of other public
agencies as evidence of adequate public facilities and services
sufficient to accommodate the needs of the Development herein
described.
-4-
. .
.6. All obligations hereunder shall terminate in the event the
Requests made by Developer are not approved.
7. Any notice from one party to the other shall be in writing,
and shall be dated and signed by the party giving such notice or by a
duly authorized representative of such party. Any such notice shall
not be effective for any purpose whatsoever unless served in one of
the following manners:
7.1 If. notice is given to the City of personal delivery
thereof to the City or by depositing same in the United States Hail,
addressed to the City at the address set forth herein, enclosed in a
• sealed envelope, addressed to the City for attention of the City
Manager, postage prepaid and certified.
7.2 If notice is given to Developer by personal delivery
thereof to Developer or by depositing the same in the United States
Mail, enclosed in a sealed envelope, addressed to Developer at the
address as may have been designated, postage prepaid and certified.
8. This agreement shall be binding upon and shall inure to the
benefit of, and shall apply to, the respective successors and assigns
of Developer and the City, and references to Developer or City herein
shall be deemed to be reference to and include their respective
successors and assigns without specific mention of such successors
and assigns. If Developer should cease to have any interest in the
Property, all obligations of Developer hereunder shall terminate;
provided, however, that any successor of Developer's interest in the
property shall have first assumed in writing the Developer's
obligations hereunder.
9. This agreement shall be recorded but shall not create a lien
or security interest in the Property. When the obligations of this
agreement have been satisfied, City shall record a release.
—5-
. S
IN WITNESS WHEREOF, this agreement is executed in San Diego
County, California as of the date first written above.
DEVELOPER-OWNER: CITY OF CARLSBAD, a municipal
corporation of the
State of California
CALAVERA HI LLS-ONPANY
(n am e)
BY 4 4_.---
teIrtc E. Sand
Owner
i
BY
- City Manager
I-
'1)
E
co
0 C
00
C,)
BY
__(T it 1 e)
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
APPROVED AS TO FORM:
STATE OF CALIFORNIA }ss.
COUNTYOF SAN DIEGO
on Jul 20, 1983 _______before me, the undersigned, a Notary Public in and for
Sanders said State, personally appeared Cedric E.
must be
personally known to me (or proved to me on the basis of satis-
factory evidence) to be the person(A whose name is/NX OFFICIAL SEAL
scribed to the within instrument and acknowledged to me that IN 4 1:f SHARON WESTERN
NOTARY PtJF3IJC - CALIFORNIA he/'1(executed the same. SAN DIEGO COUNTY
My comm. expires JAN 31, 1987
WITNESS my hand and official seal.
Signature - (This area for official notarial seal)
N
FORM NO. O4 REVISED 10.73
FOR USE WITH ALTA LOAN POLICY-1970 AND ALTA NSTRUCTION LOAN POLICY-1975
WITH STREET IMPROVEMENT ASSESSMENT COVERAGE.
FOR USE WITH CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY FORM-1973
SCHEDULE A—Continued
The land referred to in this policy is situated in the State of California, County of SAN DIEGO,
CITY OF CARLSBAD , and is described as follows:
PARCEL 1:
ALL THAT PORTION OF LOTS RD" AND "E" OF THE RANCHO AGUA HEDIONDA,
IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO NAP THEREOF NO. 823, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED
AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF BAY SHORE, UNIT NO. 2 1
ACCORDING TO NAP THEREOF NO. 7671, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY ON JUNE 20, 1973, SAID
POINT ALSO BEING THE NORTHEAST CORNER OF LAND SHOWN ON THE
MAP OF CARLSBAD TRACT NO. 76-12, ACCORDING TO MAP THEREOF NO
9935, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
ON DECEMBER 16, 1980; THENCE ALONG THE BOUNDARY OF SAID LAND
SHOWN ON SAID-MAP NO. 9935 THE FOLLOWING COURSES SOUTH 1 DEGREE
57 MINUTES 58 SECONDS WEST, 610.73 FEET; THENCE NORTH 14 DEGREES
18 MINUTES 41 SECONDS WEST, 173.76 FEET; -THENCE SOUTH 55 DEGREES
37 MINUTES 57 SECONDS WEST, 223.84 FEET; THENCE SOUTH 6 DEGREES
48 MINUTES 26 SECONDS WEST, 453.90 FEET: THENCE SOUTH 23 DEGREES
20 MINUTES 54 SECONDS WEST, 177.99 FEET; THENCE SOUTH 67 DEGREES
31 MINUTES 58 SECONDS WEST, 104.70 FEET; THENCE SOUTH 6 DEGREES
54 MINUTES 14 SECONDS WEST, 213.64 FEET; THENCE SOUTH 35 DEGREES
11 MINUTES 24 SECONDS WEST, 151.63 FEET; THENCE NORTH 72 DEGREES
22 MINUTES 50 SECONDS WEST, 179.35 FEET; THENCE NORTH 59 DEGREES
48 MINUTES 28 SECONDS WEST, 131.06 FEET; THENCE NORTH 10 DEGREES
25 MINUTES 27 SECONDS WEST, 66.60 FEET; THENCE NORTH 79 DEGREES
40 MINUTES 12 SECONDS WEST, 118.90 FEET; THENCE NORTH 43 DEGREES
09 MINUTES 20 SECONDS WEST, 153.79 FEET; THENCE NORTH 81 DEGREES
24 MINUTES 45 SECONDS WEST, 96.91 FEET; THENCE SOUTH 7 DEGREES
41 MINUTES 08 SECONDS WEST, 190.89 FEET; THENCE SOUTH 8 DEGREES
22 MINUTES 30 SECONDS EAST, 203.47 FEET; THENCE SOUTH 28 DEGREES
31 MINUTES 33 SECONDS EAST, 372.41 FEET; THENCE SOUTH 13 DEGREES
32 MINUTES 45 SECONDS WEST 98.54 FEET; THENCE SOUTH 59 DEGREES
25 MINUTES 45 SECONDS WEST, 133.52 FEET; THENCE SOUTH. 15 DEGREES
39 MINUTES 32 SECONDS WEST, 167.59 FEET; THENCE LEAVING SAID
BOUNDARY OF LAND SHOWN ON MAP NO. 9935 SOUTH 29 DEGREES 25 MINUTES
01 SECONDS WEST, 4,676.56 FEET, THENCE NORTH 89 DEGREES 25 MINUTES
10 SECONDS WEST, 171.23 FEET; THENCE NORTH 29 DEGREES 25 MINUTES
01 SECONDS EAST, 1,669.10 FEET; THENCE NORTH 24 DEGREES 13
MINUTES 39 SECONDS WEST, 1,445.24 FEET TO THE BEGINNING OF A
TANGENT 1,000.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE
..•.
NORTHWESTERLY, NORTHERLY AND NORTHEASTERLY ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 53 DEGREES 54 MINUTES
39 SECONDS A DISTANCE OF 940.92 FEET; THENCE LEAVING SAID
CURVE SOUTH 76 DEGREES 25 MINUTES 02 SECONDS EAST, 420.51 FEET;
THENCE SOUTH 58 DEGREES 08 MINUTES 02 SECONDS EAST, 435.66
FEET; THENCE SOUTH 2 DEGREES 23 MINUTES 09 SECONDS WEST,
240.21 FEET; THENCE SOUTH 44 DEGREES 21 MINUTES 23 SECONDS EAST,
647.96 FEET; THENCE NORTH 29 DEGREES 25 MINUTES 01 SECONDS
EAST, 2 1 165.74 FEET; THENCE NORTH 28 DEGREES 31 MINUTES 33 SECONDS
WEST, 166.53 FEET; THENCE NORTH 8 DEGREES 22 MINUTES 30 SECONDS
209,84 FEET; THENCE NORTH 7 DEGREES 41 MINUTES 08 SECONDS EAST,
194.03 FEET; THENCE NORTH 81 DEGREES 24 MINUTES 45 SECONDS WEST,
33.00 FEET; THENCE SOUTH 74 DEGREES 26 MINUTES 40 SECONDS WEST,
429.98 FEET; THENCE SOUTH 45 DEGREES 51 MINUTES 00 SECONDS
WEST, 350.01 FEET; THENCE SOUTH 14 DEGREES 56 MINUTES 53 SECONDS
WEST, 740.00 FEET; THENCE SOUTH 56 DEGREES 46 MINUTES 53 SECONDS
WEST, 400.00 FEET; THENCE NORTH 73 DEGREES 43 MINUTES 07 SECONDS
WEST, 200.00 FEET; THENCE NORTH 24 DEGREES 13 MINUTES 07 SECONDS
WEST, 210.00 FEET; THENCE NORTH 53 DEGREES 03 MINUTES 07 SECONDS
WEST, 425.00 FEET; TO THE PROPOSED CENTERLINE OF COLLEGE BOULEVARD
PER IMPROVEMENT PLANS ON FILE IN THE OFFICE OF THE CITY ENGINEER
OF THE CITY OF THE CITY OF CARLSBAD; THENCE ALONG SAID PROPSED
CENTERLINE NORTH 36 DEGREES 56 MINUTES 53 SECONDS EAST, 909.05
FEET TO THE BEGINNING OF A TANGENT 1 1 000.00 FOOT RADIUS CURVE
CONCAVE WESTERLY, THENCE ALONG THE ARC OF SAID CURVE NORTHEASTERLY,
NORTHERLY AND NORTHWESTERLY THROUGH A CENTRAL ANGLE OF 75 DEGREES
55 MINUTES 53 SECONDS A DISTANCE OF 1 1 325.25 FEET; THENCE TANGENT
TO SAID. CURVE AND CONTINUING ALONG SAID PROPOSED CENTERLINE NORTH
38 DEGREES 59 MINUTES 00 SECONDS WEST, 25.26 FEET TO THE NORTH
BOUNDARY OF LAND SHOWN ON SAID MAP NO. 9935; THENCE LEAVING
SAID PROPOSED CENTERLINE ALONG SAID NORTH BOUNDARY NORTH .89
DEGREES 19 MINUTES 35 SECONDS EAST, 2,549.27 FEET TO THE POINT
OF BEGINNING.
PARCEL 2:
THAT PORTION OF LOTS UD*I AND "J" OF THE RANCHO AGUA HEDIONDA IN
THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO THE PARTITION NAP THEREOF NO. 823, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON NOVEMBER 16, 1896,
DESCRIBED AS FOLLOWS:
S .•
BEGINNING AT A POINT IN THE NORTH BOUNDARY OF LAND SHOWN ON
MAP NO. 9935, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY ON DECEMBER 16, 1980, SAID POINT BEARS SOUTH 89 DEGREES
19 MINUTES 35 SECONDS WEST, 2 1 580.39 FEET FROM THE NORTHEAST
CORNER OF SAID LAND SHOWN ON MAP NO. 9935; THENCE ALONG SAID
NORTH BOUNDARY NORTH 89 DEGREES 19 MINUTES 35 SECONDS EAST,
31.12 FEET; THENCE LEAVING SAID NORTH BOUNDARY SOUTH 38 DEGREES
59 MINUTES 00 SECONDS EAST, 25.26 FEET TO THE BEGINNING OF A
TANGENT 1,000.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE
SOUTHEASTERLY, SOUTHERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 75 DEGREES 55 MINUTES 53
SECONDS A DISTANCE OF 1,325.25 FEET; THENCE TANGENT TO SAID
CURVE SOUTH 36 DEGREES 56 MINUTES 53 SECONDS WEST, 909.95 FEET;
THENCE SOUTH 53 DEGREES 03 MINUTES 07 SECONDS EAST, 425.00
FEET; THENCE SOUTH 24 DEGREES 13 MINUTES 07 SECONDS EAST,
210.00 FEET; THENCE SOUTH 73 DEGREES 43 MINUTES 07 SECONDS
EAST, 200.00 FEET; THENCE NORTH 56 DEGREES 46 MINUTES 53 SECONDS
EAST, 400.00 FEET;. THENCE NORTH 14 DEGREES 56 MINUTES 53
SECONDS EAST, 740.00 FEET; THENCE NORTH 45 DEGREES 51 MINUTES
00 SECONDS EAST, 350.01 FEET, THENCE NORTH 74 DEGREES 26 MINUTES
40 SECONDS EAST, 429,98 FEET; THENCE SOUTH 81 DEGREES 24 MINUTES
45 SECONDS EAST, 33.00 FEET; THENCE PARALLEL WITH AND 20.00 FEET
WESTERLY, MEASURED AT RIGHT ANGLES,' FROM THE EASTERLY
BOUNDARY OF LAND SHOWN ON SAID MAP NO. 9935, SOUTH 7 DEGREES
41 MINUTES 08 SECONDS WEST, 194.03 FEET; THENCE SOUTH 8 DEGREES
22 MINUTES 30 SECONDS EAST 209.84 FEET; THENCE SOUTH 28 DEGREES
31 MINUTES 33 SECONDS EAST, 166.53 FEET; THENCE LEAVING SAID
PARALLEL COURSES SOUTH. 29 DEGREES 25 MINUTES 01 SECONDS WEST,
2,165.74 FEET; THENCE NORTH 44 DEGREES 21 MINUTES 23 SECONDS WEST,
647.96 FEET; THENCE NORTH 2 DEGREES 23 MINUTES 09 SECONDS EAST,
240.21 FEET; THENCE NORTH 58 DEGREES 08 MINUTES 02 SECONDS WEST,
435.66 FEET; THENCE NORTH 76 DEGREES 25 MINUTES 02 SECONDS WEST,
420.51 FEET; TO THE PROPOSED CENTERLINE OF COLLEGE BOULEVARD PER
IMPROVEMENT PLANS ON FILE IN THE OFFICE OF THE CITY ENGINEER OF
THE CITY OF CARLSBAD, SAID POINT BEING THE BEGINNING OF A 1,000.00
FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL LINE TO SAID
POINT BEARS NORTH. 60 DEGREES 19 MINUTES 01 SECONDS WEST; THENCE
SOUTHERLY ALONG SAID PROPOSED CENTERLINE AND THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 13 DEGREES 32 MINUTES 52 SECONDS A
DISTANCE OF 236.45 FEET TO THE PROPOSED CENTERLINE OF ELM AVENUE
AS SHOWN ON SAID IMPROVEMENT PALNS, A RADIAL LINE TO SAID POINT
BEARS NORTH 73 DEGREES 51 MINUTES 53 SECONDS WEST, THENCE LEAVING
SAID CURVE ALONG SAID PROPOSED CENTERLINE OF ELM AVENUE AND THE
PROLONGATION OF SAID RADIAL LINE NORTH 73 DEGREES 51 MINUTES
53 SECONDS WEST, 155.70 FEET TO THE BEGINNING OF A TANGENT
1,000.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE NORTHWESTERLY,
WESTERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTERLINE ANGLE OF 34 DEGREES 45 MINUTES 19 SECONDS, A DISTANCE OF
I .
606.59 FEET; THENCE TANGENT TO SAID CURVE SOUTH 71 DEGREES
22 MINUTES 48 SECONDS WEST, 825.88 FEET TO THE BOUNDARY OF
LAND DESCRIBED IN DEED TO TREETOPS UNLIMITED, RECORDED MARCH
26, 1980, AS FILE/PAGE NO. 80-102577 OFFICIAL RECORDS; THENCE
LEAVING SAID PROPOSED CENTERLINE ALONG THE BOUNDARY OF SAID
TREETOPS LAND THE FOLLOWING COURSES NORTH 18 DEGREES 37 MINUTES
12 SECONDS WEST, 310.00 FEET; THENCE NORTH 31 DEGREES 37 MINUTES
23 SECONDS WEST, 372.70 FEET; THENCE NORTH 1 DEGREE 04 MINUTES
50 SECONDS EAST, 105.00 FEET; THENCE NORTH 79 DEGREES 14 MINUTES
50 SECONDS EAST, 650.00 FEET; THENCE SOUTH 87 DEGREES 15
MINUTES 10 SECONDS EAST, 740.00 FEET; THENCE SOUTH 71 DEGREES
31 MINUTES 39 SECONDS EAST, 651.98 FEET TO THE AFORESAID
PROPOSED CENTERLINE OF COLLEGE BOULEVARD; THENCE ALONG SAID
PROPOSED CENTERLINE AND CONTINUING ALONG SAID TREETOPS BOUNDARY
NORTH 29- DEGREES 40 MINUTES 59 SECONDS EAST, 420.00 FEET; THENCE
LEAVING SAID PROPOSED CENTERLINE AND CONTINUING ALONG SAID
TREETOPS BOUNDARY NORTH 59 DEGREES 02 MINUTES 50 SECONDS WEST,
-373.81 FEET; THENCE NORTH 80 DEGREES 35 MINUTES 00 SECONDS
WEST, 1 1 240.00 FEET; THENCE NORTH 21 DEGREES 05 MINUTES 00 SECONDS
WEST, 444.98 FEET TO THE BEGINNING OF A TANGENT 50.00 FOOT RADIUS
CURVE CONCAVE SOUTHEASTERLY; THENCE CLOCKWISE ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE. OF 129 DEGREES 05 MINUTES 00
SECONDS A DISTANCE OF 112.65 . FEET; THENCE TANGENT TO SAID CURVE
SOUTH 72 DEGREES 00 MINUTES 00 SECONDS EAST, 88.57 FEET TO THE
BEGINNING OF A TANGENT 50.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY;
THENCE COUNTER-CLOCKWISE ALONG THE ARC 0F SAID CURVE THROUGH A
CENTRAL ANGLE OF 79 DEGREES 58 MINUTES 09 SECONDS A DISTANCE OF
69,79 FEET TO A POINT OF REVERSE CURVATURE WITH A 2 1 000.00 FOOT
RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL LINE OT SAID POINT
FROM SAID 2,000,00 FOOT RADIUS CURVE BEARS NORTH 61 DEGREES 58
MINUTES 09 SECONDS WEST; THENCE NORTHEASTERLY ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 15 DEGREES 42 MINUTES
33 SECONDS A DISTANCE OF 548.35 FEET TO A POINT IN THE ARC OF
SAID CURVE TO WHICH A RADIAL LINE BEARS NORTH 46 DEGREES 15
MINUTES 36 SECONDS WEST; THENCE LEVAING SAID CURVE NORTH 59 DEGREES
51 MINUTES 59 SECONDS EAST, 804.25 FEET (.RECORD=804.26 FEET1;
THENCE NORTH 13 DEGREES 27 MINUTES 33 SECONDS WEST CRECORDNORTH
13 DEGREES 37 MINUTES 33 SECONDS WEST), 360.00 FEET TO THE NORTH
BOUNDARY OF SAID LAND SHOWN ON SAID NAP NO. 9935; THENCE LEAVING
SAID TREETOPS BOUNDARY ALONG SAID NORTH BOUNDARY OF SAID NAP
NO. 9935 NORTH 89 DEGREES 19 MINUTES 04 SECONDS EAST, 1113.60 FEET;
TO THE POINT OF BEGINNING.
S S
EXCEPTING FROM THE ABOVE DESCRIBED PARCEL OF LAND THAT PORTION
THEREOF CONVEYED TO CARLSBAD MUNICIPAL WATER DISTRICT BY DEED
RECORDED JANUARY 9, 1967 AS DOCUMENT NO. 2637, SERIES 8, BOOK
1967, OFFICIAL RECORDS.
PARCEL 3:
THAT PORTION OF LOTS "Dtt, "E" AND "J" OF THE RANCHO AGUA HEDIONDA,
IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO THE PARTITION MAP THEREOF NO. 823, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON NOVEMBER 16, 1896,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF LOT 140 OF CARLSBAD TRACT
NO. 76-12 1 ACCORDING TO MAP THEREOF NO. 9935, FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY ON DECEMBER 16, 1980; THENCE
ALONG THE BOUNDARY OF SAID LOT 140 NORTH 1 DEGREE 42 MINUTES
41 SECONDS EAST, 610.00 FEET; THENCE CONTINUING ALONG SAID BOUNDARY
NORTH 23 DEGREES 15 MINUTES 45 SECONDS WEST, 720.30 FEET TO THE
BOUNDARY OF LAND CONVEYED TO TREETOPS UNLIMITED BY DEED RECORDED
MARCH 26, 1980, AS FILE/PAGE NO. 80-102577, OFFICIAL RECORDS;
THENCE ALONG THE BOUNDARY OF SAID TREETOPS LAND THE FOLLOWING
COURSES SOUTH 78 DEGREES 14 MINUTES 59 SECONDS EAST, 319.91 FEET;
THENCE SOUTH 48 DEGREES 43 MINUTES 39 SECONDS.EAST, 335.00 FEET;
THENCE NORTH 48 DEGREES 46 MINUTES 21 SECONDS EAST, 250.00 FEET;
THENCE SOUTH 81 DEGREES 13 MINUTES 39 SECONDS EAST, 210.00 FEET;
THENCE NORTH 8 DEGREES 46 MINUTES 21 SECONDS EAST, 980.00 FEET
Q.ECORD=NORTa 8 DEGREES 46 MINUTES 24 SECONDS EAST, 980.08 FEET1;
THENCE LEAVING.SAID TREETOPS LAND SOUTH 24 DEGREES 13 MINUTES
39 SECONDS EAST, 675.24 FEET; THENCE SOUTH 29 DEGREES 25 MINUTES
01 SECONDS WEST, 1,669.10 FEET; THENCE SOUTH 89 DEGREES 25 MINUTES
10 SECONDS EAST, 171.23 FEET; THENCE NORTH 29 DEGREES 25 MINUTES
01 SECONDS EAST, 4,676.56 FEET; THENCE NORTH 29 DEGREES 25 MINUTES
01 SECONDS EAST, 4,676.56 FEET TO THE EAST BOUNDARY OF LAND SHOWN
ON SAID MAP NO. 9935; THENCE ALONG SAID EAST BOUNDARY THE FOLLOWING
COURSES SOUTH 15 DEGREES 39 MINUTES 32 SECONDS WEST, 185.19 FEET;
THENCE SOUTH 57 DEGREES 49 MINUTES 13 SECONDS EAST, 56.58 FEET;
THENCE SOUTH 0 DEGREES 21 MINUTES 05 SECONDS WEST, 2,179.90
FEET; THENCE NORTH 89 DEGREES 36 MINUTES 23 SECONDS WEST, 265.56
FEET; THENCE SOUTH 1 DEGREE 15 MINUTES 07 SECONDS WEST, 150.30
FEET; THENCE SOUTH 9 DEGREES 46 MINUTES 50 SECONDS WEST, 112.79
FEET; THENCE SOUTH 20 DEGREES 53 MINUTES 19 SEONDDS WEST, 126.01
FEET; THENCE SOUTH 14 DEGREES 40 MINUTES 43 SECONDS WEST, 57.10;
THENCE SOUTH 7 DEGREES 13 MINUTES 27 SECONDS WEST, 135.34 FEET;
THENCE SOUTH 11 DEGREES 36 MINUTES 18 SECONDS WEST, 65.24 FEET,
THENCE SOUTH 14 DEGREES 41 MINUTES 25 SECONDS WEST, 159.68 FEET;
THENCE SOUTH 21 DEGREES 39 MINUTES 05 SECONDS WEST, 190.34 FEET;
THENCE SOUTH 13 DEGREES 43 MINUTES 35 SECONDS WEST 781.82 FEET
TO •THE SOUTHEAST CORNER OF SAID LAND SHOWN ON MAP NO. 9935; THENCE
ALONG THE SOUTH BOUNDARY OF SAID NORTH 89 DEGREES 25 MINUTES 10
SECONDS WEST, 2,080.08 FEET TO THE POINT OF BEGINNING.
.
I
PARCEL 4:
THAT PORTION OF LOTS 11 D8 , 'E" AND UJ OF THE RANCHO AGUA HEDIONDA,
IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO THE PARTITION NAP THEREOF NO. 823, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON NOVEMBER 16, 1896,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF LOT 1 OF CARLSBAD TRACT
NO. 76-12 ACCORDING TO MAP THEREOF NO. 9935, FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY ON DECEMBER16, 1980, SAID
POINT BEING IN THE ARC OF A 642.00-FOOT RADIUS CONCAVE
NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 63 DEGREES
53 MINUTES 10 SECONDS EAST: THENCE SOUTHWESTERLY ALONG THE
BOUNDARY.OF SAID CARLSBAD TRACT NO. 76-12 AND THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 10 DEGREES 53 MINUTES 10 SECONDS
A DISTANCE OF 121.98 FEET; THENCE TANGENT TO SAID CURVE SOUTH
37 DEGREES 00 MINUTES 00 SECONDS WEST, 702.00 FEET TO THE BEGINNING
.OF A.-TANGENT 958.00-FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE
CONTINUING SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH
A CENTRAL ANGLE OF 15 DEGREES 47 MINUTES 30 SECONDS A DISTANCE OF
264.00 FEET; THENCE TANGENT TO SAID CURVE SOUTH 21 DEGREES
12 MINUTES 30 SECONDS WEST, 455.73 FEET; THENCE LEAVING THE
BOUNDARY 0F SAID CARLSBAD TRACT NO. 76-12 NORTH 0 DEGREES
34 MINUTES 50 SECONDS EAST, 944.01 FEET; THENCE NORTH 89 DEGREES
25 MINUTES 10 SECONDS WEST, 300.00 FEET; THENCE SOUTH 0 DEGREES
34 MINUTES 50 SECONDS WEST, 660.00 FEET TO THE BOUNDARY OF LAND
SHOWN ON SAID MA.? NO, 9935; THENCE ALONG THE BOUNDARY OF SAID LAND
THE FOLLOWING COURSES NORTH 89 DEGREES 25 MINUTES 10 SECONDS WEST
317.25 FEET; THENCE NORTH 0 DEGREES 34 MINUTES 50 SECONDS EAST,
987.75 FEET; THENCE NORTH 24 DEGREES 22 MINUTES 57 SECONDS WEST,
1 1 829.13 FEET; THENCE NORTH 24 DEGREES 25 MINUTES 34 SECONDS WEST
1 1 805.09 FEET; THENCE NORTH 70 DEGREES 04 MINUTES 37 SECONDS EAST,
515.00 FEET; THENCE LEAVING SAID BOUNDARY SOUTH 42 DEGREES
45 MINUTES 55 SECONDS EAST, 95.64 FEET; THENCE SOUTH 43 DEGREES
00 MINUTES 00 SECONDS EAST, 380.00 FEET; THENCE SOUTH 3 DEGREES
30 MINUTES 00 SECONDS EAST, 190.00 FEET; THENCE SOUTH 31 DEGREES
30 MINUTES 00 SECONDS EAST, 360.00 FEET; THENCE SOUTH 15 DEGREES
00 MINUTES 00 SECONDS EAST, 140.00 FEET TO THE BOUNDARY OF LAND
CONVEYED TO TREETOPS UNLIMITED BY DEED RECORDED JUNE 19 1 1979, AS
FILE/PAGE NO. 79-252293, OFFICIAL RECORDS; THENCE ALONG SAID
BOUNDARY NORTH 70 DEGREES 04 MINUTES 37 SECONDS EAST, 699.57
FEET TO THE BOUNDARY 0F LAND CONVEYED TO TREETOPS UNLIMITED BY
DEED RECORDED MARCH 26, 1980 AS FILE/PAGE NO. 80-102577; THENCE
ALONG SAID BOUNDARY THE FOLLOWING COURSES SOUTH 16 DEGREES 49
MINUTES 53 SECONDS EAST, 218.38 FEET; THENCE SOUTH 26 DEGREES
10 MINUTES 23 SECONDS EAST, 500.00 FEET; THENCE SOUTH 85 DEGREES
S .
29 MINUTES 37 SECONDS WEST, 480.00 FEET; THENCE NORTH 39 DEGREES
00 MINUTES 23 SECONDS WST, 372.00 FEET; THENCE NORTH 13 DEGREES
46 MINUTES 34 SECONDS WEST, 176.94 FEET; THENCE LEAVING SAID
TREETOPS LAND SOUTH 70 DEGREES 04 MINUTES 37 SECONDS WEST, 167.64
FEET TO THE WEST BOUNDARY OF LAND CONVEYED TO SAID TREETOPS
UNLIMITED BY SAID DEED RECORDED AT FILE/PAGE NO. 80-102577; THENCE
SOUTH 28 DEGREES 37 MINUTES 41 SECONDS EAST, 482.64 FEET; THENCE
SOUTH 2 DEGREES 54 MINUTES 50 SECONDS WEST, 350.00 FEET; THENCE
SOUTH 17 DEGREES 25 MINUTES 10 SECONDS EAST, 430.00 FEET; THENCE
SOUTH 24 DEGREES 25 MINUTES 10 SECONDS EAST,-490.00 FEET; THENCE
SOUTH 10 DEGREES 43 MINUTES 01 SECONDS EAST, 257.35 FEET; THENCE
SOUTH 24 DEGREES 25 MINUTES 10 SECONDS EAST, 430.00 FEET; THENCE
SOUTH 48 DEGREES 05 MINUTES 12 SECONDS EAST, 200.00 FEET, THENCE
SOUTH 24 DEGREES 25 MINUTES 10 SECONDS EAST, 300.00 FEET; THENCE
NORTH 59 DEGREES 09 MINUTES EAST, 587.00 FEET; THENCE NORTH 43
DEGREES 29 MINUTES 50 SECONDS EAST, 339.00 FEET; THENCE SOUTH
8G DEGREES 08 MINUTES 50 SECONDS EAST, 71.22 FEET TO A POINT IN
THE ARC OF A 1 1 000 FOOT RADIUS CURVE CONCAVE WESTERLY, A RADIAL
LINE TO SAID POINT BEARS SOUTH 75 DEGREES 17 MINUTES 40 SECONDS
EAST; THENCE NORTHEASTERLY, NORTHERLY AND NORTHWESTERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 33
DEGREES 19 MINUTES 32 SECONDS A DISTANCE.-OF 581.64 FEET; THENCE
TANGENT TO SAID' CURVE NORTH 18 DEGREES 37 MINUTES 12 SECONDS WEST,
273.62 FEET TO THE PROPOSED CENTERLINE OF ELM AVENUE PER THE
IMPROVEMENTPLANS ON FILE IN THE OFFICE OF THE CITY ENGINEER OF THE
CITY OF CARLSBAD; THENCE LEAVING THE BOUNDARY OF SAID TREETOPS
UNLIMITED LAND ALONG SAID PROPOSED CENTERLINE NORTH 71 DEGREES
22 MINUTES 48 SECONDS EAST, 825.88 FEET TO THE BEGINNING OF A
TANGENT 1 1 000.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE
NORTHEASTERLY, EASTERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID .
CURVE THROUGH A CENTRAL ANGLE OF 34 DEGREES 45 MINUTES 19 SECONDS
A DISTANCE OF 606.59 FEET; THENCE TANGENT TO SAID CURVE SOUTH
73 DEGREES 51 MINUTES 53 SECONDS EAST, 153.70 FEET TO THE
PROPOSED CENTERLINE OF COLLEGE BOULEVARD AS SHOWN ON SAID IMPROVEMENT
PLANS, SAID POINT BEING IN THE ARC OF A 1,000.00 FOOT RADIUS CURVE
CONCAVE SOUTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 73
DEGREES 51 MINUTES 53 SECONDS EAST; THENCE LEAVING SAID PROPOSED
CENTERLINE SOUTHWESTERLY AND SOUTHERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 23 DEGREES 04 MINUTES 30 SECONDS A DISTANCE
OF 402.74 FEET TO A POINT IN THE ARC OF SAID CURVE TO WHICH A RADIAL
LINE BEARS SOUTH 83 DEGREES 03 MINUTES 38 SECONDS WEST, SAID POINT
ALSO BEING IN THE BOUNDARY OF LAND CONVEYED TO TREETOPS UNLIMITED
BY DEED RECORDED MARCH 26, 1980, AS FILE/PAGE NO. 80-102577;
OFFICIAL RECORDS; THENCE LEAVING SAID CURVE ALONG THE BOUNDARY
OF SAID TREETOPS LAND SOUTH 69 DEGREES 28 MINUTES 42 SECONDS
WEST, 751.12 FEET; THENCE SOUTH 7 DEGREES 33 MINUTES 07 SECONDS
EAST, 19.69 FEET (RECORD=SOUTH 7 DEGREES 27 MINUTES 26 SECONDS
WEST, 19.77 FEET) TO THE BEGINNING OF A NON-TANGENT 680.00 FOOT
RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT
BEARS SOUTH 70 DEGREES 30 MINUTES 40 SECONDS WEST; THENCE
SOUTHEASTERLY, SOUTHERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID
OS , S.
CURVE THROUGH A CENTRAL ANGLE OF 92 DEGREES 09 MINUTES 20 SECONDS
A DISTANCE OF 1 ?09-3,72 FEET TO THE BOUNDARY OF SAID CARLSBAD
TRACT NO, 76-12, A RADIAL LINE TO SAID POINT BEARS SOUTH
17 DEGREES 20 MINUTES 00 SECONDS EAST; THENCE LEAVING SAID
CURVE AND SAID TREETOPS LAND ALONG THE BOUNDARY OF SAID CARLSBAD
TRACT NO. 76-12 THE FOLLOWING COURSES NORTH 34 DEGREES 33 MINUTES
00 SECONDS WEST, 127.12 FEET; THENCE NORTH 60 DEGREES 37 MINUTES
32 SECONDS WEST, 250.22 FEET TO THE POINT OF BEGINNING.
EXCEPTING FROM THE ABOVE DESCRIBED PARCEL OF LAND THAT PORTION
THEREOF CONVEYED TO CARLSBAD MUNICIPAL WATER DISTRICT BY DEED
RECORDED JANUARY 9, 1967 AS DOCUMENT NO. 2642, SERIES 8 1 BOOK
1967, OFFICIAL RECORDS.
.
CURVE THROUGH A CENTRAL ANGLE OF 92 DEGREES 09 MINUTES 20 SECONDS
A DISTANCE OF 1,093,72 FEET TO THE BOUNDARY OF SAID CARLSBAD
TRACT NO. 76-12, A RADIAL LINE TO SAID POINT BEARS SOUTH
17 DEGREES 20 MINUTES 00 SECONDS EAST; THENCE LEAVING SAID
CURVE AND SAID TREETOPS LAND ALONG THE BOUNDARY OF SAID CARLSBAD
TRACT NO, 76-12 THE FOLLOWING COURSES NORTH 34 DEGREES 33 MINUTES
00 SECONDS WEST, 127.12 FEET; THENCE NORTH 60 DEGREES 37 MINUTES
32 SECONDS WEST, 250.22 FEET TO THE POINT OF BEGINNING.
EXCEPTING FROM THE ABOVE DESCRIBED PARCEL OF LAND THAT PORTION
THEREOF CONVEYED TO CARLSBAD MUNICIPAL WATER DISTRICT BY DEED
RECORDED JANUARY 9, 1967 AS DOCUMENT NO. 2642, SERIES 8 1 BOOK
1967, OFFICIAL RECORDS.
/
1983
te
c)OF I) 3
STATEMENT OF AGREEMENT
TENTATIVE SUBDIVISION MAP
CITY OF CARLSBAD
The Subdivision Map Act and the Carlsbad Municipal Code sets a
fifty (50) day time restriction on Planning Commission processing
of Tentative Maps and a thirty (30) day time limit for City
Council action. These time limits can only be extended by the
mutual concurrence of the applicant and the City. By accepting
applications for Tentative Maps concurrently with applications
for other approvals which are prerequisites to the map; i.e.,
Environmental Assessment, Environmental Impact Report, Condominium
Plan, Planned Unit Development, etc., the fifty (50) day time
limits and the thirty (30) day time limits are often exceeded.
If you wish to have your application processed concurrently,
this agreement must be signed by the applicant or his agent. If
you choose not to sign the statement, the City will not accept
your application for the Tentative Map until all prior necessary
entitlements have been processed and approved.
The undersigned understands that the processing time required by
the City may exceed the time limits, therefore the undersigned
agrees to extend the time limits for Planning Commission and
City Council action and fully concurs with any extensions of
time up to one year from the date the application was accepted
as complete to properly review all of the applications.
Cedric E. Sanders - Owner
Name (Print) Relationship to Application
(Property Owner-Agent)
RECORDING REQUESTED BY 't )
WHEN RECORDED MAIL TO: )
)
CITY OF CARLSBAD )
1200 Elm Avenue )
Carlsbad, California 92008 )
Space above this line for Recorder's use
Documentary transfer tax: $ No fee
Signature of declarant determining
tax-firm name
City of Carlsbad
Parcel No. 168—O40-18/168—O4
AGREE{ENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this 19 - day of July , 19 83
by and between CEDRIC E. SANDEBS dba CALAVIRA HILLS COMPANY
(name of developer-owner)
a sole owner , hereinafter referred to as
(Corporation, partnership, etc.):
"Developer" whose address is -110 West C Street, Suite 1220,
- (street)
San Diego, California 92101 - and THE CITY OF
(City, state, zip code)
CARLSBAD,-a municipal corporation of the State of California, -
hereinafter referred to as"City", whose address is 1200 Elm Avenue,
Carlsbad, California, 92008.
W I T N E S S E T H:' -
WHEREAS, Developer is the owner of the real property described
on Exhibit "A:, attached hereto and made a part of this agreement,
hereinafter referred to as "Property"; and
WHEREAS, The Property lies within the boundaries of City; and
WHEREAS, Developer proposes adevelopment project as follows:
residential
REV 4-2-82
P'os7
S
-
on said Property, whicevelopment carries the pposed name of
CALAVERA HILLS
and is hereafter referred to as ."Development"; and
WHEREAS, Developer filed on the 19 day of July 31
1983 , with the City a request for Tentative Map
r-347,
hereinafter referred to as "Request"; and
WHEREAS, the Public Facilities Element of the City General Plan
requires that the City Council find that all public facilities
necessary to serve a7 development will be available concurrent with
need or such development shall not be approved (said element is on
file with the.City Clerk and is incorporated by this reference); and
WHEREAS, Developer and City recognize the correctness of Council
Policy No. 17, dated April 2, 1982, in file with the City Clerk and
incorporated by this reference, and that the City's public facilities
and service.s are at capacity and will not be available to accommodate
the additional need for public facilities and services resulting from
the proposed Development; and
WHEREAS, Developer has asked the City to find that public
facilities and services will be available to meet the future needs of
the Development as it is presently proposed; but the Developer is
aware that the City cannot and will not be able to make any such
'finding without financial assistance to pay for such services and
facilities; and therefore, Developer proposes to help satisfy the
General Plan as implemented by Council Policy No. 17 by payment of a
public facilities fee.
REV 4-2-82
-
NOW, THEREFORE, consideration of the reals and the
covenants contained herein, the parties agree as follows:
1. The Developer shall pay to the City a public facilities fee
in an amount not to exceed 2% of the building permit valuation of the
building or structures to be constructed in the Development pursuant
to the Request. The fee shall be paid prior to the issuance of
building or other construction permits for the development and shall
be based on the valuation at that time. This fee shall be in
addition to any fees, dedications or improvements required pursuant
to Titles 18, 20 or 21. of the Carlsbad Municipal Code. Developer
shall pay a fee for.conversion o f existing building or structures
into condominiums in an amount not to exceed 2% of the building
permit valuation at the time of conversion. The fee for a
condominium conversion shall be paid prior to the issuance of a
condominium conversion permit as provided in Chapter 21.47 of the
Carlsbad Municipal Code. Condominium shall include community
apartment or stock cooperative. The terms "other construction
permits", "other construction permit" and "entitlement for use" as
used in this agreement, except in reference to mobilehome sites or
projects, shall not refer to grading permits or other permits for the
construction of underground or street improvements unless no other
permit is necessary prior to the use or occupancy for which the
development is intended. Developer shall pay to City a public
facilities fee in the sum of $1,150 for each mobilehome space to be
constructed pursuant to the Request. The fee shall be paid prior tq
the issuance of building or other construction permits for the
development. This fee shall be in addition to any fees, dedications
or improvements required according to Titles 18, 20 or 21 of the
Carlsbad Municipal Code.
-3-
REV 4-2-82
3
.•• .•
2. The Developer may offer to donate a site or sites for public
facilities in lieu of all or part of the financial obligation agreed
upon in Paragraph 1 above. If Developer offers to donate a site or
sites for public facilities, the City shall consider, but is not
obligated to accept the offer. The time for donation and amount of
credit against the fee shall be determined by City prior to the
issuance of any building or other permits. Such determination, when
made, shall become a part of this agreement. Sites donated under
this paragraph shall not include improvements required pursuant to
Titles 18 or 20 of the Carlsbad Municipal Code.
3. This agreement and the fee paid pursuant hereto are required
to ensure the consistency of the Development with the City's General
Plan. If the fee is not paid as provided herein, the City will not
have the funds to provide public facilities and services, and the
development will not be consistent with the General Plan and any
approval or permit for the Development shall be void. No building or
other construction permit or entitlement for use shall be issued
until the public facilities fee required by this agreement is paid.
4. City agrees to deposit the fees paid pursuant to this
agreement in a public facilities fund for the financing of public
facilities when the City Council determines the need exists to
provide the facilities and sufficient funds from the payment of this
and similar public facilities fees are available.
City agrees -to provide upon. request reasonable assurances to
enable Developer to comply with any requirements of other public
agencies as evidence of adequate public facilities and services
sufficient to accommodate the needs of the Development herein
described.
. All obligati hereunder shall terminain the event the
Requests made by Developer are not approved.
7. Any notice from one party to the other shall be in writing,
and shall be dated and signed by the party giving such notice or by a
duly authorized representative of such party. Any such notice shall
not be effective for any purpose whatsoever unless served in one of
the following manners:
7.1 If. notice is given to the City of personal delivery
thereof to the City or by depositing same in the United States Nail )
addressed to the City at the address set forth herein, enclosed in a
sealed envelope, add-ressed to the City for attention of the City
Manager, postage prepaid and certified.
7.2 If notice is given to Developer by personal delivery
thereof to Developer or by depositing the same in the United States
Nail, enclosed in a sealed envelope, addressed to Developer at the
address as may have been designated, postage prepaid and certified.
8. This agreement shall be binding upon and shall inure to the
benefit of, and shall apply to, the respective successors and assigns
of Developer and the City, and references to Developer or City herein
shall be deemed to be reference to and include their respective
successors and assigns-without specific mention of such successors
and assigns. If Developer should cease to have any interest in the
Property, all obligations of Developer hereunder shall terminate;
provided, however-, that any successor of Developer's interest in the
property shall have first assumed in writing the Developer's
obligations hereunder.
9. This agreement shall be recorded but shall not create a lien
or security interest in the Property. When the obligations of this
agreement have been satisfied, City shall record a release.
-5-
REV 4-2-82
51
Mi
.
IN WITNESS WHEREOF, this agreement is executed in San Diego
County, California as of the date first written above.
DEVELOPER-OWNER: CITY OF CARLSBAD, a municipal
corporation of the
State of California
CALAVERA HILJ..&-OMPANY
(name) -"..--
BY 4 37c—
-Cedric E.E. Sande
BY
City Manager
Owner
IF
(Title)
- BY
a
C
C)
a)
E
C))
LL.
Ca
>
I
(Title)
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
APPROVED AS TO FORM:
STATE OF CALIFORNIA Iss.
COUNTY OF.'__ SAN DIEGO
On July 20, 1983 before me, the undersigned, a Notary Public in and for
said State, personally appeared Cedric E. Sanders
personally known to me (or proved to me on the basis of satis-
factory evidence) to be the person(4 whose name is/sub- OFFICIAL SEAL
scribed to the within instrument and acknowledged to me that
he/ qCexecuted the same.
SHARON WESTERN
NOTARY PUBLIC - CALIFORNIA
SAN DIEGO cowm'
My comm. expires JAil 31, 1981
WITNESS my hand and official seal.
Signature _OIT.229't" (This area for official notarial seal)
must be -
EXHIBIT 'A"
LEGAL DESCRIPTION
A portion of Lots "D", T'E" and TtJVt of the Rancho Agua
Hedionda, City of Carlsbad, County of San Diego.
r
7
ASSESSOR'S PARCEL NUMBERS
167-100-50
168-040-14
168-04.0-18
168-040-21
168-040-22
168-040-23
168-050-27
208-010-05
POOR
QUALITY
ORIGINAL (S)
CITY OF CARLSBAD
1k.,J ELM AVENUE • CARLSBAD, CALIFORNIA 92008
(714) 438-5551
RECEIVED FROM < DATE-!__
CITY OF CARLSBAD
1200 ELM AVENUE • CARLSBAD, CALIFORNIA 92009
(714) 438-5551
RECEIVED FROM •//v
If after the information you have submitted has been reviewed, it is Qetermined
",that further information required, you will be so advised..
APPLICANT: Calavera Hills Company .
Name (individual, partnership, joint venture, corporation, syndication)
110 West C street, Suite 1220,. San Diego, California 92101
Business Address .. .
(619) 235-9180 .
Telephone Number
0 .
• AGENT:
Name . .
• . •:. . Business Address . •. :
: Telephone Number - • • • . .. • - .....
2017 •CminitoCircuio Norte
• frERS: Cedric E. Sanders La Jolla, California 92037
Name '(individual,-partner, joint irome Address
• . venture, corporation, syndication) .
110 West C Street, Suite 1220, San Diego, Californ.La 92101
Business Address. • .
(619) 235-9180 . (619) :459-7216
Telephone Nuer Telephone gunther
• . - . . . . . . Home Address
Business Address
Telephone Number . - . . Telephone Number
(Attach more sheets if necessary)
I/We declare under penalty of- perjury that the information contained in this dis
closure is true and correct and that it will remain true and correct and may be
relied upon as bing true and correct until amended.
• CALAVRA HILLS COMPANY
Applicant