HomeMy WebLinkAboutHDP 88-02; CARLTAS; Hillside Development Permit (HDP)~ Ci))'I o""Carlsbad
~ 21}75 Las Palmas Drive
.~ Carlsbad, 'CA 92009
',..,(619) 438-1161
. '
• One Single
Family Home: No Charc
All Other Applications
Based on Project Site
Size:
PLANNING 'DEPARTMENT
HILLSIDE DEVELOPMENT PERMIT
APPLICATION FORM
o -1 Acres
o -10 Acres
10 -100 Acres
~ 100 Acres
50.00
100.00
200.00
400.00
Complete Description of Project (attach additional sheets if necessary)
Proposal to rezoue portiGn~ of the proPQk'ty cons; stent wi th the cnneral Plan and Local
COAstal Plan and to s1Jbdivide 'the property for future development. Sensitive habitat and
drainage to be left in perITlaLl.ent open space.
Location of Project
SQuth si de of 'Pal mar Airport Road East of Paseo De:c Norte
Permit/File Numbers Associated with this Project
CT 87 .. 2
Legal Description (complete)
Parcel "A" of Parcel Map No, 2949/ togehter with a portion of Lot "H" of the Rancho Agua
Hedioda, Map No, 823, in the City of Carlsbad, County of San Diego, State of California
Local Facility Management Zone
L-C, Y-M, R-P
Proposed Zone
P-M, R-P
Owner
General Plan Planned industrial and
open space ? l'
Proposed General Plan
No c:hange
Name (Print or Type)
Carl tas Company
Mailing Address
4401 :Hanchester Avenue
City and State Zip Telephone
Encinitas CA 92024 (619) 944~,0490
I CERTIFY THAT I AM THE LEGAL OWNER
AND THAT ALL THE ABOVE INFORMATION
IS TRUE AND CORRECT TO, THE BEST OF
MY KNOWLEDGE.
"'ROJECT NUMBER (5)
Assessors Parcel Number
211-040,:,08, 09, 12
Existing Land Use
Vacant'
Si te Acreage
56,2 Acres
Applicant
Name-(Print or Type)
Nolte and Associates
Mailing Address
9755 Clairernont Mesa Boulevard
City and State Zip Telephont
San Diego~ CA 92124 (pl9) 278-9392
I CERTIFY THAT I AM THE OWNER'S
REPRESENTATIVE AND THAT ALL
THE ABOVE INFORMATION IS TRUE
AND CORRECT TO THE BEST OF
MY KNOWLEDGE.
/'!l SIG~ATURE ' ~ .s.tak
Fees Received Receipt No.
'i5Cfi85
ILORM NO. 1068-A (10/85) (Rev. 2/2Q/86)
CLTA Preliminary Report (Rev. 11/18/82)
PRELIMINARY REPORT
In response to the herein referenced application for a policy of title insurance, this Company hereby reports
that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance
describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be
sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception herein or not
excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms.
The printed Exceptions and Exclusions from the coverage of said Policy or Policies are setforth herein. Copies
of the Policy forms should be read. They are available from the office which issued this report.
This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the
issuance of a policy of title insurance and no liability is assumed hereby.lf)t is desired that liability be assumed
prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested.
First American Title Insurance Company
411 Ivy Street
P.O. Box 808 (92112)
San Diego, California 92101
(619) 238-1776
ORDER NO. 944601-15
FIRST AMERICAN TITLE INSURANCE COMPANY
411 IVY STREET, (P.O. BOX 808) SAN DIEGO, CALIFORNIA 92101
(619) 238-1776
MARCH 14, 1987
NOLTE AND ASSOCIATES
9755 CLAlREMONT MESA BOULEVARD
SAN DIEGO, CALIFORNIA
ATTN: WAYNE LOFTUS
YOUR REF: CARLTAS
OUR ORDER NO. 944601-15
DATED AS OF MARCH 5, 1987 AT 7:30 A.M.
~. S\.,.-.~
GREG: .. SPANIOL/LAD -TITLE OFFICER
THE FORM OF POLICY TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS:
PRELIMINARY TITLE REPORT
TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN:
CARLTAS COMPANY, A CALIFORNIA LIMITED PARTNERSHIP
THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED
TO COVERED BY THIS REPORT IS:
FEE
THE LAND REFERRED TO HEREIN IS DESCRIBED AS FOLLOWS:
(SEE ATTACHED. LEG~L DESCRIPTION)
PAGE 1
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ORDER NO. 944601-15
AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED
EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY FORM WOULD BE AS
FOLLOWS:
1. GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 1987-88, A LIEN,
NOT YET PAYABLE.
2. SECOND INSTALLMENT, GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR
1986-87, AS TO PARCEL 3.
3. A REPORT TO FOLLOW ON: BONDS OR ASSESSMENTS, AS TO PARCELS 1 AND
2.
4. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO
CHAPTER 3.5 COMMENCING WITH SECTION 75 OF THE CALIFORNIA REVENUE
AND TAXATION CODE.
5. SUPPLEMENTAL TAXES:
THE REQUIREMENT THAT THIS COMPANY BE FURNISHED WITH ALL
SUPPLEMENTAL TAX BILLS, IF ANY, FROM THE OWNER OF THE HEREIN
DESCRIBED PROPERTY BEFORE CLOSE OF ESCROW.
6. THE PRIVILEGE AND RIGHT TO EXTEND DRAINAGE STRUCTURES, EXCAVATION
AND EMBANKMENT SLOPES BEYOND THE LIMITS OF PALOMAR AIRPORT ROAD
WHERE REQUIRED FOR THE CONSTRUCTION AND MAINTENANCE OF SAID ROAD
AS GRANTED IN DEED RECORDED DECEMBER 7, 1959 BOOK 8030, PAGE 216
OF OFFICIAL RECORDS.
SAID DOCUMENT FURTHER RECITES: WE THE SAID GRANTORS, DO HEREBY
WAIVE ALL CLAIM FOR COMPENSATION FOR ANY AND ALL DAMAGES ON
ACCOUNT OF THE LOCATION, ESTABLISHMENT AND CONSTRUCTION OF SAID
HIGHWAY.
AFFECTS PARCELS 1 AND 2.
7. AN EASEMENT FOR PIPELINE OR PIPELINES, TOGETHER WITH THE RIGHT OF
INGRESS AND EGRESS AND INCIDENTAL PURPOSES IN FAVOR OF CARLSBAD
MUNICIPAL WATER DISTRICT, RECORDED MAY 15, 1961 AS FILE NO. 83959
OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
BEGINNING AT POINT 9 OF LOT "F", PARTITION OF RANCHO AGUA
HEDIONDA, AS SHOWN ON MAP NO. 823; THENCE EASTERLY ALONG THE
BOUNDARY COURSE CONNECTING POINTS 9 AND 10 OF SAID LOT "F"; NORTH
71°32'28" EAST 545.16 FEET; THENCE NORTH 18°27'32" WEST 10.00
FEET; THENCE ALONG A LINE PARALLEL WITH AND 10.00 FEET; NORTHERLY
OF SAID BOUNDARY COURSE SOUTH 71°32'28" WEST, 526.10 FEET; THENCE
PAGE 2
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ORDER NO. 944601-15
NORTH 18°27'32" WEST, 120.00 FEET TO THE TRUE POINT OF BEGINNING;
THENCE RETRACING SOUTH 18°27'32" EAST, 120~00 FEET; THENCE SOUTH
71°32'28" WEST 27.65 FEET; THENCE SOUTH 52°39'57" WEST 230.75
FEET; THENCE SOUTH 58°04'01" WEST 2079.53 FEET TO A POINT
HEREINAFTER REFERRED TO AS "POINT A"; THENCE SOUTH 23°23'55" EAST
653.37 FEET; THENCE ALONG A TANGENT CURVE, CONCAVE RIGHT, HAVING
A RADIUS OF 500.00 FEET THROUGH A CENTRAL ANGLE OF 18°44'45" A
DISTANCE OF ·1.63.59 FEET; THENCE SOUTH 4°41'10" EAST 626.03 FEET;
THENCE SOUTH 5°27'32" WEST 511.58 FEET; THENCE SOUTH 23°25'55"
EAST 25.00 FEET.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
AFFECTS PARCEL 1.
or 8. AN EASEMENT FOR A PIPELINE OF PIPELINES, TOGETHER WITH THEIR
NECESSARY FIXTURES AND APPURTENANCES INCLUDING BUT NOT LIMITED TO
CONDUITS AND CABLES FOR POWER TRANSMISSION AND COMMUNICATION
PURPOSES, TOGETHER WITH THE RIGHT OF INGRESS THERETO AND EGRESS
THEREFROM, TOGETHER WITH THE RIGHT TO CLEAR AND KEEP CLEAR SAID
RIGHT OF WAY FROM EXPLOSIVES, BUILDINGS AND STRUCTURES AND
INCIDENTAL PURPOSES ·IN FAVOR OF CARLSBAD MUNICIPAL WATER
DISTRICT, RECORDED OCTOBER 2, 1963 AS FILE NO. 175383 OF OFFICIAL
RECORDS, DESCRIBED AS FOLLOWS:
TWENTY FEET IN WIDTH, THE CENTER LINE OF SAID EASEMENT OF RIGHT
OF WAY IS PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEASTERLY CORNER OF LOT "H" OF RANCHO AGUA
HEDIONDA; THENCE NORTH 0°07'25" EAST ALONG THE EAST LINE OF SAID
LOT "H" 1558.90 FEET; 'J:'HENCE NORTH 89°21'35" WEST, PARALLEL WITH
THE SOUTHERLY LINE OF SAID RANCHO AGUA HEDIONDA, 1641.52 FEET TO
THE TRUE POINT OF BEGINNING; THENCE SOUTH 43°19'41" EAST, 575.00
FEET; THENCE SOUTH 33 ° 31' 40" EAST, 380. 64 FEET TO THE BEGINNING
OF A TANGENT 200 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE
SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 13° AN
ARC DISTANCE OF 45.39 FEET: THENCE TANGENT TO SAID CURVE SOUTH
20°31'40" EAST, 99.34 FEET TO THE BEGINNING OF A TANGENT 400 FOOT
RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG
SAID CURVE THROUGH CENTRAL ANGLE OF 10° AN ARC DISTANCE OF 69.81
FEET; THENCE TANGENT TO SAID CURVE SOUTH 10°31'40" EAST, 123.98
FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY; THENCE
SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11 ° AN ARC
DISTANCE OF 57.60 FEET; THENCE TANGENT TO SAID CURVE SOUTH
0° 28 '20" WEST, 412.92 FEET; THENCE SOUTH 33 ° 23' 20" WEST, 34.59
FEET; THENCE SOUTH 18°45'40" EAST, 258.34 FEET.
BASIS OF·BEARINGS IS THE CALIFORNIA LAMBERT SYSTEM, ZONE 6.
PAGE 3
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ORDER NO. 944601-15
GRANTOR AND HIS SUCCESSORS IN ESTATE SHALL NOT ERECT OR
CONSTRUCT, OR PERMIT TO BE ERECTED OR CONSTRUCTED, ANY BUILDING
OR OTHER STRUCTURE, PLANT ANY TREE OR DRILL ANY WELL OR WELLS,
WITHIN THE LIMITS OF SAID RIGHT OF WAY.
GRANTEE SHALL HAVE THE RIGHT TO ERECT, MAINTAIN AND USE GATES IN
ALL FENCES WHICH NOW CROSS OR SHALL HEREAFTER CROSS SAID ROUTE OR
ROUTES, AND TO TRIM AND CUT AND CLEAR AWAY ANY TREES AND BRUSH
WHENEVER IN ITS JUDGMENT THE SAME SHALL BE NECESSARY FOR THE
CONVENIENT AND SAFE EXERCISE OF THE RIGHTS HEREBY GRANTED, THE
RIGHT TO TRANSFER AND ASSIGN THIS EASEMENT IN WHOLE OR IN PART
BEING HEREBY GRANTED TO GRANTEE.
GRANTOR AGREES THAT NO OTHER EASEMENT OR EASEMENTS SHALL BE
GRANTED ON, UNDER OR OVER SAID STRIP OF LAND BY GRANTOR, WITHOUT
THE PREVIOUS WRITTEN CONSENT OF GRANTEE.
IT IS ALSO UNDERSTOOD AND AGREED BY THE PARTIES HERETO THAT THE
GRANTOR AND HIS SUCCESSORS AND ASSIGNS, SHALL NOT INCREASE OR
DECREASE, OR PERMIT TO' BE INCREASED OR DECREASED, THE EXISTING
GROUND ELEVATIONS OF THE ABOVE DESCRIBED RIGHT OF WAY, EXISTING
AT THE TIME THIS DOCUMENT IS EXECUTED, WITHOUT THE PREVIOUS
WRITTEN CONSENT OF THE GRANTEE.
AFFECTS PARCEL 3.
9. AN EASEMENT FOR SEWER PIPELINES AND/OR MAINS, MANHOLES, SEWER
LATERAL PIPELINES, AND ALL STRUCTURES INCIDENTAL THERETO,
TOGETHER WITH THE PERPETUAL RIGHT TO REMOVE BUILDINGS,
STRUCTURES, TREES, BUSHES, UNDERGROWTH, FLOWERS AND ANY OTHER
OBSTRUCTIONS INTERFERING WITH THE USE OF SAID EASEMENT AND
INCIDENTAL PURPOSES IN FAVOR OF BUENA SANITATION DISTRICT,
RECORDED JULY 14, 1964 AS FILE NO. 126860 OF OFFICIAL RECORDS,
DESCRIBED AS FOLLOWS:
ALL THAT PORTION OF LOT "H" OF RANCHO AGUA HEDIONDA, IN THE CITY
OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
TO PARTITION MAP NO. 823, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, LYING WITHIN A
10.00 FOOT WIDE STRIP OF LAND LYING 5.00 FEET EACH SIDE OF A
CENTER LINE DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT OF INTERSECTION OF THE SOUTHERLY LINE OF
SAID RANCHO AGUA HEDIONDA WITH THE EASTERLY LINE OF THE 100.00
FOOT RIGHT OF WAY OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY
CO.; THENCE ALONG SAID SOUTHERLY LINE OF SAID RANCHO, SOUTH
89 0 27 '10" EAST (SOUTH 89 0 59' EAST, DEED), 932.00 FEET; THENCE
NORTH 27 0 14 '24" WEST, 62.74 FEET; THENCE NORTH 24" 26' 54" WEST,
500.23 FEET; THENCE NORTH 28°46'09" WEST, 61.52 FEET TO THE TRUE
POINT OF BEGINNING; THENCE NORTH 58°52'18" EAST, 442.28 FEET;
PAGE 4
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ORDER NO. 944601-15
THENCE NORTH 82°27'38" EAST, 343.07 FEET: THENCE NORTH 53°52'50"
EAST, 40.87 FEET TO A POINT ON THE EASTERLY LINE OF THAT PORTION
OF SAID LOT "H" AS CONVEYED BY DEED RECORDED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY IN BOOK 7882, PAGE 414 OF
OFFICIAL RECORDS.
THE SIDELINES OF SAID 10.00 FOOT WIDE STRIP OF LAND TO BE
SHORTENED OR LENGTHENED SO AS TO TERMINATE IN THE EASTERLY LINE
OF THAT PORTI'ON OF SAID LOT "H" AS CONVEYED BY DEED RECORDED IN
SAID BOOK 7882, PAGE 414 OF OFFICIAL RECORDS.
,THE PRIVILEGE AND RIGHT TO EXTEND EMBANKMENT SLOPES AT A RATIO OF
1.5 HORIZONTAL TO 1 VERTICAL, EXCAVATION SLOPES AT A RATIO OF 1.5
HORIZONTAL TO 1 VERTICAL, AND DRAINAGE STRUCTURES BEYOND THE
LIMITS OF THE HEREINABOVE DESCRIBED 10.00 FOOT WIDE STRIP OF LAND
WHERE REQUIRED FOR THE CONSTRUCTION AND MAINTENANCE OF THE SEWER
LINE AND APPURTENANCES TO BE CONSTRUCTED IN SO HEREINABOVE
DESCRIBED STRIP OF LAND, THE EXTREMITIES OF WHICH SHALL NOT
EXCEED 15.00 FEET ON EITHER SIDE OF A CENTER LINE DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT OF INTERSECTION OF THE SOUTHERLY LINE OF LOT
"H" OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARTITION MAP NO.
823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, NOVEMBER 16, 1896, AND THE EASTERLY LINE OF THE 100.00
FOOT RIGHT OF WAY OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY
CO.; THENCE ALONG SAID SOUTHERLY LINE OF SAID RANCHO, SOUTH
89 ° 27 '10" EAST (SOUTH 89 ° 59' EAST, DEED), 932.00 FEET; THENCE
NORTH 27°14'24" WEST, 62.74 FEET; THENCE NORTH 24°26'54" WEST,
500.23 FEET; THENCE NORTH 28°46'09" WEST, 61.52 FEET; THENCE
SOUTH 58°52'18" WEST, 25.00 FEET TO THE TRUE POINT OF BEGINNING:
THENCE RETRACING NORTH 58°52'18" WEST, 25.00 FEET: THENCE
CONTINUING NORTH 58°52'18" EAST, 442.28 FEET.
RESERVING UNTO OWNERS OF THE ABOVE DESCRIBED PARCEL OF LAND,
THEIR SUCCESSORS OR ASSIGNS, THE RIGHT AT ANY TIME TO REMOVE SUCH
SLOPES OR PORTIONS THEREOF UPON REMOVING THE NECESSITY FOR
MAINTAINING SUCH SLOPES OR PORTIONS THEREOF, OR UPON PROVIDING IN
PLACE THEREOF OTHER ADEQUATE LATERAL SUPPORT, THE DESIGN AND
CONSTRUCTION OF WHICH SHALL BE FIRST APPROVED BY THE BUENA
SANITATION DISTRICT.
AFFECTS PARCEL 3.
10. AN EASEMENT FOR SEWER PIPELINES AND INCIDENTAL PURPOSES IN FAVOR
OF BUENA SANITATION DISTRICT, RECORDED JULY 14, 1964 AS FILE NO.
126861 OF OFFI~IAL RECORDS, DESCRIBED AS FOLLOWS:
PAGE 5
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ORDER NO. 944601-15
PARCEL 5202-3:
ALL THAT PORTION OF LOT "H" OF RANCHO AGUA HEDIONDA, IN THE CITY
OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
TO PARTITION MAP NO. 823, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, LYING WITHIN A
10.00 FOOT WIDE STRIP OF LAND LYING 5.00 FEET EACH SIDE OF A
CENTER LINE DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT OF INTERSECTION OF THE SOUTHERLY LINE OF
SAID RANCHO AGUA HEDIONDA WITH THE EASTERLY LINE OF THE 100.00
FOOT RIGHT OF WAY OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY
CO.; THENCE ALONG SAID SOUTHERLY LINE OF SAID RANCHO, SOUTH
89 ° 27 '10" EAST (SOUTH 89 ° 59' EAST, DEED) 932.00 FEET; THENCE
NORTH 27°14'24" WEST, 62.74 FEET; THENCE NORTH 24°26'54" WEST,
500.23 FEET; THENCE NORTH 28°46'09" WEST, 61.52 FEET; THENCE
NORTH 58°52'18" EAST, 442.28 FEET; THENCE NORTH 82°27'38" EAST,
343.07 FEET; THENCE NORTH 53°52'50" EAST, 274.81 FEET; THENCE
NORTH 85°20' EAST, 245.73 FEET; THENCE NORTH 57°38'29" EAST,
976.55 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING
NORTH 57 ° 38' 29" EAST, 22.13 FEET; THENCE NORTH 6 ° 47'11" EAST,
256.77' FEET; THENCE SOUTH 87°50 1 28" EAST, 328.13 FEET TO THE
BEGINNING OF A TANGENT CURVE, CONCAVE NORTHERLY HAVING A RADIUS
OF 2202.00 FEET; THENCE EASTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 21 ° 23 ' 39" A -DISTANCE OF 822 • 11 FEET; THENCE
TANGENT TO SAID CURVE NORTH 70 ° 45 1 53" EAST, 494.56 FEET; THENCE
NORTH 0·02'02" EAST 161.16 FEET. THE SIDE LINES OF SAID 10.00
FOOT WIDE STRIP OF LAND TO BE SHORTENED OR LENGTHENED SO AS TO
TERMINATE IN THE WESTERLY AND NORTHERLY LINES OF THAT PORTION OF
SAID LOT "H" AS CONVEYED BY DEED RECORDED IN THE OFFICE OF, THE
COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 29, 1948 IN BOOK 2778,
PAGE 348 OF OFFICIAL RECORDS.
PARCEL 5202-3A.:
TOGETHER WITH A TEMPORARY CONSTRUCTION AREA EASEMENT FOR A PERIOD
OF 18 MONTHS, COMMENCING JULY 1, 1964, DESCRIBED AS FOLLOWS:
ALL THAT PORTION OF LOT "H" OF RANCHO AGUA HEDIONDA, IN THE CITY
OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
TO PARTITION MAP NO. 823,. FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, LYING WITHIN A
50.00 FOOT WIDE STRIP OF LAND LYING 25.00 FEET EACH SIDE OF A
CENTER LINE DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT OF INTERSECTION OF THE SOUTHERLY LINE OF
SAID RANCHO AGUA HEDIONDA WITH THE EASTERLY LINE OF THE 100.00
FOOT RIGHT OF WAY OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY
CO.; THENCE ALONG SAID SOUTHERLY LINE OF SAID RANCHO, SOUTH
PAGE 6
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ORDER NO. 944601-15
89 0 27' 10" EAST (SOUTH 89 0 59' EAST, DEED), 932.00 FEET; THENCE
NORTH 27 0 14 '24" WEST, 62.74 FEET; THENCE NORTH 24 0 26'54" WEST,
500.23 FEET; THENCE NORTH 28°46'09" WEST, 61.52 FEET; THENCE
NORTH 58 ° 52 '18" EAST, 442.28 FEET; THENCE NORTH 82 0 27 '38" EAST,
343.07 FEET; THENCE NORTH 53°52'50" EAST 274.81 FEET; THENCE
NORTH 85 0 20' ,EAST 245.73 FEET; THENCE NORTH 57 0 38' 29" EAST,
976.55 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING
NORTH 57 0 38' 29" EAST, 22.13 FEET; THENCE NORTH 6 0 47 '11" EAST,
256.77 FEET; THENCE SOUTH 87°50'28" EAST, 328.13 FEET TO THE
BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF
2202.00 FEET; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL
. ANGLE OF 21 ° 23 '39" A DISTANCE OF 822.11 FEET; THENCE TANGENT TO
SAID CURVE NORTH 70°45'53" EAST 494.56 FEET; THENCE NORTH
0°02'02" EAST, 161.16 FEET. THE SIDE LINES OF SAID 50.00 FOOT
WIDE STRIP OF LAND TO BE SHORTENED OR LENGTHENED SO AS TO
TERMINATE IN THE WESTERLY AND NORTHERLY LINES OF THAT PORTION OF
SAID LOT "H" AS CONVEYED BY DEED RECORDED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 29, 1948 IN BOOK 2778,
PAGE 348 OF OFFICIAL RECORDS.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
AFFECTS PARCEL 1.
11. AN EASEMENT FOR SEWER PIPELINE AND/OR MAINS, MANHOLES, SEWER
LATERAL PIPELINES, TOGETHER WITH THE PERPETUAL RIGHT TO REMOVE
BUILDINGS, STRUCTURES, TREES, BUSHES, UNDERGROWTH, FLOWERS AND
ANY OTHER OBSTRUCTIONS INTERFERING WITH THE USE OF SAID EASEMENT
AS CONDEMNED BY BUENA SANITATION DISTRICT BY FINAL ORDER OF
CONDEMNATION IN SUPERIOR COURT, COUNTY OF SAN DIEGO, CASE NO.
286258, A CERTIFIED COPY OF WHICH RECORDED NOVEMBER 20, 1964 AS
FILE NO. 212128 OF OFFICIAL RECORDS,' SAID EASEMENT BEING
DESCRIBED AS FOLLOWS:
A 10.00 FOOT WIDE STRIP OF LAND LYING 5.00 FEET EACH SIDE OF A
CENTER LINE DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT' OF INTERSECTION OF THE SOUTHERLY LINE OF
SAID RANCHO AGUA HEDIONDA WITH THE EASTERLY LINE OF THE 100.00
FOOT RIGHT OF WAY OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY
CO.; THENCE ALONG SAID SOUTHERLY LINE OF SAID RANCHO, SOUTH
89°27'10" EAST (SOUTH 89°59' EAST, DEED) 932.00 FEET; THENCE
NORTH 27°14'24" WEST, 62.74 FEET; THENCE NORTH 24°26'54" WEST,
500.23 FEET; THENCE NORTH 28°46'09" WEST, 61.52 FEET; THENCE
NORTH 58 ° 52 '18" EAST, 442.28 FEET; THENCE NORTH 82 0 27' 38" EAST,
343.07 FEET; THENCE NORTH 53°52'50" EAST, 40.87 FEET TO THE TRUE
POINT OF BEGINNING; THENCE CONTINUING NORTH 58 ° 52' 50" EAST,
PAGE 7
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ORDER NO. 944601-15
233.94 FEET; THENCE NORTH 85°20' EAST, 245.73 FEET; THENCE NORTH
57°38'29" EAST, 976.55 FEET.
THE SIDELINES OF SAID 10.00 FOOT WIDE STRIP OF LAND TO BE
SHORTENED OR LENGTHENED SO AS TO TERMINATE IN THE WESTERLY AND
NORTHERLY LINES OF THAT PORTION OF SAID LOT "H" AS CONVEYED BY
DEED RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN
DIEGO COUNTY, DECEMBER 28, 1959 IN BOOK 8065, PAGE 255 OF
OFFICIAL RECORDS.
AFFECTS PARCEL 3.
12. AN EASEMENT FOR SEWER PIPELINES AND/OR MAINS, MANHOLES, SEWER
LATERAL PIPELINES AND ALL STRUCTURES INCIDENTAL THERETO, TOGETHER
WITH THE PERPETUAL RIGHT TO REMOVE BUILDINGS, STRUCTURES, TREES,
BUSHES, UNDERGROWTH, FLOWERS AND ANY OTHER OBSTRUCTIONS
INTERFERING WITH THE USE OF SAID EASEMENT AS CONDEMNED BY BUENA
SANITATION DISTRICT, BY FINAL ORDER OF CONDEMNATION IN SUPERIOR
COURT, COUNTY OF SAN DIEGO, CASE NO. 286258, A CERTIFIED COPY OF
WHICH RECORDED JANUARY 4, 1965 AS FILE NO. 672 OF OFFICIAL
RECORDS, SAID EASEMENT BEING DESCRIBED AS FOLLOWS:
A 10.00 FOOT WIDE STRIP OF LAND LYING 5.00 FEET EACH SIDE OF A
CENTER LINE DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT OF INTERSECTION OF THE SOUTHERLY LINE OF
SAID RANCHO AGUA HEDIONDA WITH THE EASTERLY LINE OF THE 100.00
FOOT RIGHT OF WAY OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY
CO.; THENCE ALONG SAID SOUTHERLY LINE OF SAID RANCHO, SOUTH
89°27'10" EAST (SOUTH 89°59' EAST, DEED) 932.00 FEET; THENCE
NORTH 27 ° 14' 24" WEST, 62.74 FEET; THENCE NORTH 24 ° 26' 54" WEST,
500.23 FEET: THENCE NORTH 28°46'09" WEST, 61.52 FEET: THENCE
NORTH 58°52'18" EAST, 442.28 FEET: THENCE NORTH 82°27'38" EAST,
343.07 FEET: THENCE NORTH 53°52'30" EAST, 40.87 FEET TO THE TRUE
POINT OF BEGINNING: THENCE CONTINUING NORTH 53 ° 52' 50" EAST,
233.94 FEET: THENCE NORTH 85°20' EAST, 245.73 FEET: THENCE NORTH
57°38'29" EAST, 976.55 FEET.
THE SIDE LINES OF SAID 10.00 FOOT WIDE STRIP OF LAND TO BE
SHORTENED OR LENGTHENED SO AS TO TERMINATE IN THE WESTERLY AND
NORTHERLY LINE OF THAT PORTION OF SAID LOT "H" AS CONVEYED BY
DEED RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, DECEMBER 28, 1959 IN BOOK 8065, PAGE 255 OF OFFICIAL
RECORDS.
AFFECTS PARCEL 3.
13. AN EASEMENT FOR PUBLIC ROAD PURPOSES AND INCIDENTAL PURPOSES IN
PAGE 8
" ·:., e·· "·e '.
ORDER NO. 944601-15
FAVOR OF CITY OF CARLSBAD, RECORDED MAY 23, 1972 AS FILE NO.
130120 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
COMMENCING AT THE POINT OF INTERSECTION OF THE NORTHEASTERLY LINE
OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN PARCEL 1 IN DEED TO
THE STATE OF CALIFORNIA, RECORDED FEBRUARY 16, 1966 AS FILE NO.
27424 OF OFFICIAL RECORDS OF SAID COUNTY, WITH THE SOUTH LINE OF
SAID RANCHO AGUA HEDIONDA, ACCORDING TO U. S. GOVERNMENT SURVEY
OF SAID SOUTH LINE APPROVED SEPTEMBER 17, 1915, AS SHOWN ON MAP
IN CASE NO. 16830 IN THE SUPERIOR COURT OF SAID SAN DIEGO COUNTY,
SAID POINT BEING DISTANT ALONG SAID SOUTH LINE NORTH 89 ° 27' 10"
. WEST, 3933.20 FEET FROM THE 3 1/2 MILE CORNER AS MARKED BY A
PORPHYRY STONE 24" X 15" X 7", MARKED AHR 1/2 M ON THE NORTH
FACE, SET BY W. O. OWEN, U. S. SURVEYOR IN SEPTEMBER 1914; THENCE
ALONG SAID SOUTH LINE SOUTH 89°27'10" EAST, 652.52 FEET TO THE
TRUE POINT OF BEGINNING, BEING A POINT IN THE ARC OF AN 812.00
FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, A RADIAL LINE TO SAID
POINT BEARS SOUTH 19°02'21 WEST; THENCE LEAVING SAID SOUTH LINE
OF THE RANCHO, NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 28 ° 13-' 39" A DISTANCE OF 400.04 FEET; THENCE TANGENT TO
SAID CURVE NORTH 42°43"00" WEST, 300.38 FEET TO AN INTERSECTION
WITH THE EASTERLY LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED
IN DEED TO METICH CORPORATION RECORDED JULY 3, 1966 AS FILE NO.
91776 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG SAID
EASTERLY LINE NORTH 00°27'03" EAST (DEED NORTH 00°27'49" EAST),
122.78 FEET; THENCE LEAVING SAID EASTERLY LINE SOUTH 42 ° 43' 00"
EAST, 389.93 FEET TO THE BEGINNING OF A TANGENT 728.00 FOOT
RADIUS CURVE CONCAVE NORTHEASTERLY AND CONCENTRIC WITH SAID
812.00 FOOT RADIUS CURVE; THENCE SOUTHEASTERLY ALONG SAID 728.00
FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 46 ° 44' 10" A DISTANCE
OF 593.83 FEET TO A POINT OF TANGENCY IN A LINE THAT IS PARALLEL
WITH AND 42.00 FEET NORTHERLY; MEASURED AT RIGHT ANGLES FROM THE
AFOREMENTIONED SOUTH LINE OF THE RANCHO AGUA HEDIONDA; THENCE
LEAVING SAID PARALLEL LINE AT RIGHT ANGLES SOUTH 00°32' 50" WEST,
42.00 FEET TO AN INTERSECTION WITH SAID SOUTH LINE; THENCE ALONG
SAID SOUTH LINE' NORTH 89°27'10" WEST, 257.77 FEET TO THE TRUE
POINT OF BEGINNING.
AFFECTS PARCEL 3.
14. AN EASEMENT FOR THE CONSTRUCTION AND MAINTENANCE OF A STORM DRAIN
AND APPURTENANCES TOGETHER WITH RIGHT OF INGRESS AND EGRESS AND
INCIDENTAL PURPOSES IN FAVOR OF THE CITY OF CARLSBAD, RECORDED
JUNE 9, 1972 AS FILE NO. 143227 OF OFFICIAL RECORDS, DESCRIBED AS
FOLLOWS:
A STRIP OF LAND 70.00 FEET IN WIDTH, LYING 35.00 FEET EACH SIDE
OF THE FOLLOWING DESCRIBED CENTER LINE:
PAGE 9
:~·e····
ORDER NO. 944601-15
COMMENCING AT THE POINT OF INTERSECTION OF THE NORTHEASTERLY LINE
OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN PARCEL 1 IN DEED TO
THE STATE OF CALIFORNIA, RECORDED FEBRUARY 16, 1966 AS FILE NO.
27424 OF OFFICIAL RECORDS OF SAID COUNTY, WITH THE SOUTH LINE OF
SAID RANCHO AGUA HEDIONDA ACCORDING TO U. S. GOVERNMENT SURVEY OF
SAID SOUTH LINE APPROVED SEPTEMBER 17, 1915, AS SHOWN ON MAP IN
CASE NO. 16830 IN THE SUPERIOR COURT OF SAID SAN DIEGO COUNTY,
SAID POINT BEING DISTANT ALONG SAID SOUTH LINE NORTH 89°27'10"
WEST, 3933 • 20 FEET FROM THE 34 MILE CORNER AS MARKED BY A
PORPHYRY ST.ONE 24" X 15" X 7", MARKED "AHR 1/2 M" ON THE NORTH
FACE SET BY W. O. OWEN, U. S. SURVEYOR, IN SEPTEMBER 1914; THENCE
. ALONG SAID NORTHEASTERLY LINE OF STATE LAND NORTH 28°14'56" WEST,
166.99 FEET; THENCE LEAVING SAID NORTHEASTERLY LINE NORTH
47°17'00" EAST, 301.88 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING NORTH 47°17'00" EAST, 144.00 FEET.
EXCEPTING FROM THE ABOVE DESCRIBED STRIP OF LAND, THE
SOUTHWESTERLY 84.00 FEET OF THE NORTHEASTERLY 109.00 FEET
THEREOF.
AFFECTS PARCEL 3.
15. AN EASEMENT FOR GENERAL UTILITY PURPOSES AND INCIDENTAL PURPOSES
IN FAVOR OF THE CITY OF CARLSBAD, RECORDED AUGUST 9, 1974 AS FILE
NO. 74-216628 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
AN EASEMENT FOR GENERAL UTILITY PURPOSES OVER, UNDER, ALONG AND
ACROSS THAT PORTION OF PARCEL "B", ACCORDING TO PARCEL MAP
THEREOF NO. 1477 ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY AND THAT PORTION OF LOT "Hit OF RANCHO AGUA
HEDIONDA, ACCORDING TO MAP THEREOF NO. 823 ON FILE IN THE OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS
FOLLOWS:
A STRIP OF ,LAND 30.00 FEET IN WIDTH LYING 15.00 FEET EACH SIDE
OF AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE MOST NORTHERLY CORNER OF SAID PARCEL "B" THENCE
ALONG THE NORTHERLY LINE OF SAID LOT, SOUTH 60 ° 09' 45" WEST,
373.67 FEET TO A POINT IN THE ARC OF A NON-TANGENT 908.00 FOOT
RADIUS CURVE CONCAVE NORTHEASTERLY, A RADIAL LINE TO SAID POINT
BEARS SOUTH 60°09'45" WEST; THENCE SOUTHEASTERLY ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 9 ° 06' 07" A DISTANCE OF
144.24 FEET TO THE TRUE POINT OF BEGINNING, A RADIAL LINE TO SAID
POINT BEARS SOUTH 51°03'38" WEST; THENCE LEAVING SAID 908.00 FOOT
RADIUS CURVE NORTH 8 2 ° 2 7 ' 3 8" EAST, 208 • 29 FEET: THENCE NORTH
53°52'50" EAST,' 274.81 FEET; THENCE NORTH 84°20'00" EAST, 245.73
FEET: THENCE NORTH 57°38'29' EAST, 974.43 FEET TO AN INTERSECTION
PAGE 10
"A ~ .. #-.....
ORDER NO. 944601-15
WITH THE NORTH LINE OF LAND DESCRIBED IN DEED RECORDED DECEMBER
28, 1959 IN BOOK 8065, PAGE 255 OF OFFICIAL RECORDS.
THE SIDE LINES OF THE ABOVE DESCRIBED 30.00 FOOT STRIP OF LAND TO
BEGIN SOUTHWESTERLY IN THE ARC OF THE ABOVE MENTIONED 908.00 FOOT
RADIUS CURVE AND TERMINATE NORTHEASTERLY IN THE NORTH LINE OF
SAID LAND DESCRIBED IN DEED RECORDED DECEMBER 28, 1959 IN BOOK
8065, PAGE 255 OF OFFICIAL RECORDS.
EXCEPTING FROM THE ABOVE DESCRIBED LAND ALL THAT PORTION THEREOF
LYING NORTHERLY OF A LINE DRAWN 5.00 FEET NORTHERLY, MEASURED AT
. RIGHT ANGLES, AND PARALLEL WITH THE ABOVE DESCRIBED CENTERLINE.
AFFECT PARCEL 3.
16. AN EASEMENT FOR GENERAL UTILITY PURPOSES AND INCIDENTAL PURPOSES
IN FAVOR OF CITY OF CARLSBAD, RECORDED AUGUST 9, 1974 AS FILE NO.
74-216629 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
AN EASEMENT FOR GENERAL UTILITY PURPOSES OVER, UNDER, ALONG AND
ACROSS THAT PORTION OF PARCEL "B", ACCORDING TO PARCEL MAP
THEREOF NO. 1477 ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY AND THAT PORTION OF LOT "H" OF RANCHO AGUA
HEDIONDA, ACCORDING TO MAP THEREOF NO. 823 ON FILE IN THE OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS
FOLLOWS:
A STRIP OF LAND 30.00 FEET IN WIDTH LYING 15.00 FEET EACH SIDE OF
AND PARALLEL WITH FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE MOST NORTHERLY CORNER OF SAID PARCEL "B" ;
THENCE ALONG THE NORTHERLY LINE OF SAID LOT, SOUTH 60°09'45"
WEST, 373.67 FEET TO A POINT IN THE ARC OF A NON-TANGENT. 908.00
FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, A RADIAL LINE TO SAID
POINT BEARS SOUTH 60°09'45" WEST; THENCE SOUTHEASTERLY ALONG THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 9 ° 06' 07" A DISTANCE
OF 144.24 FEET TO THE TRUE POINT OF BEGINNING, A RADIAL LINE TO
SAID POINT BEARS SOUTH 51°03'38" WEST; THENCE LEAVING SAID 908.00
FOOT RADIUS CURVE NORTH 82°27'38" EAST, 208.29 FEET; THENCE NORTH
53°'52'50" EAST, 274.81 FEET; THENCE NORTH 84°20'00" EAST, 245.73
FEET; THENCE NORTH 57°38'29" EAST, 974.43 FEET TO AN INTERSECTION
WITH THE NORTH LINE OF LAND DESCRIBED IN DEED RECORDED DECEMBER
28, 1959 IN BOOK 8065, PAGE 255 OF OFFICIAL RECORDS.
THE SIDE LINES OF THE ABOVE DESCRIBED 30.00 FOOT STRIP OF LAND TO
BEGIN SOUTHWESTE~Y IN THE ARC OF THE ABOVE MENTIONED 908.00 FOOT
RADIUS CURVE AND TERMINATE NORTHEASTERLY IN THE NORTH LINE OF
PAGE 11
First American Title Insurance Company
411 IVY STREET -P.O. BOX 808 -SAN DIEGO, CA 92112-9931 0-(619) 238-1776
Ma r c h 18, 1987 SUPPLEMENTAL REPORT
NOLTE & ASSOCIATES
9755 CLAIREMONT MESA BLVD.
SAN DIEGO, CA 92111
ATTN: WAYNE LOFTUS
OUR ORDER NO. 944601-15
YOUR LOAN/ESCROW NO. GLi~§g~S DATED AS OF March 5 t AT 7:30 a.m.
THE ABOVE NUMBERED REPORT (INCLUDING ANY SUUPLEMENTS OR AMENDMENTS THERETO) IS HEREBY MODIFIED AND/OR SUPPLEMENTED IN ORDER TO REFLECT THE FOLLOWING ADDITIONAL lTEMS
RELATED TO THE ISSUANCE OF AN AMERICAN LAND TITLE ASSOCIATION FORM POLICY:
__ TITLE IS NOW VESTED IN:
__ THE FOLLOWING ITEM(S) HAS/HAVE BEEN ADDED TO OUR PRELIMINARY REPORT:
XXX ITEM NO. (S) _...::2:.;;:0~ __ OF OUR PRELIMINARY REPORT HAS/HAVE BEEN DELETED.
__ OTHER:
______________ FIRST 7~. T~E INSURAN~E COMPANY Maorch 18, 1987 _ DATED:
BY; . \c.~ S
17.
e " ..... ' ...
ORDER NO. 944601-15
SAID LAND DESCRIBED IN DEED RECORDED DECEMBER 28, 1959 IN BOOK
8065, PAGE 255 OF OFFICIAL RECORDS.
EXCEPTING FROM THE ABOVE DESCRIBED LAND ALL THAT PORTION THEREOF
LYING SOUTHERLY OF A LINE DRAWN 5.00 FEET SOUTHERLY, MEASURED AT
RIGHT ANGLES, AND PARALLEL WITH THE ABOVE DESCRIBED CENTERLINE.
AFFECTS PARCEL 3.
AN AGREEMENT REGARDING FUTURE IMPROVEMENTS, DATED AUGUST 9, 1974,
UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN.
EXECUTED BY AND BETWEEN: ANDREW MC REYNOLDS AND THE CITY OF
CARLSBAD.
RECORDED: AUGUST 9, 1974 AS FILE NO. 74-216631 OF OFFICIAL
RECORDS.
AFFECTS PARCEL 3.
18. A CONDITIONAL CERTIFICATE OF COMPLIANCE AFFECTING THE HEREIN
DESCRIBED PROPERTY HAS BEEN RECORDED AUGUST 7, 1981 AS FILE NO.
81-251117 OF OFFICIAL RECORDS.
AFFECTS PARCELS 1 AND 2.
19. AN AGREEMENT REGARDING PAYMENT OF PUBLIC FACILITIES FEE, DATED
MAY 6, 1981, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED
THEREIN.
EXECUTED BY AND BETWEEN: CARLTAS CO. AND THE CITY OF
CARLSBAD.
RECORDED: "NOVEMBER 16, 1981 AS FILE NO. 81-361913 OF OFFICIAL
RECORDS.
AFFECTS PARCELS 1 AND 2.
20. AN ACTION COMMENCED DECEMBER 1983, IN THE SUPERIOR COURT IN AND
FOR THE COUNTY OF SAN DIEGO.
CASE NO.: N24411
PLAINTIFF: SAN MARCOS COUNTY WATER DISTRICT, A PUBLIC AGENCY,
VS.
DEFENDANT: ANDREW W. MC REYNOLDS AND CHRISTA M. MC REYNOLDS,
HUSBAND AND WIFE, SAN DIEGO GAS AND ELECTRIC
COMPANY, A CALIFORNIA CORPORATION, THE CITY OF
CARLSBAD, A MUNICIPAL CORPORATION, BUENA
SANITATION DISTRICT, A PUBLIC AGENCY, AND DOES 1
THROUGH XX, INCLUSIVE
'PURPOSE: TO CONDEMN AND TAKE BY EMINENT DOMAIN AN EASEMENT
PAGE 12
... ......... ·"e ' .
ORDER NO. 944601-15
FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF
FACILITIES FOR THE TRANSMISSION OF SEWAGE.
NOTICE OF PENDENCY OF SAID ACTION WAS RECORDED DECEMBER 29, 1983
AS FILE NO. 83-475033 OF OFFICIAL RECORDS.
AFFECTS PARCEL 3.
21. AN AGREEMENT REGARDING JOINT USE FOR UTILITY EASEMENT, DATED
OCTOBER 24, 1.985, UPON THE TERMS, COVENANTS, AND CONDITIONS
. CONTAINED THEREIN.
EXECUTED BY AND BETWEEN: THE CITY OF CARLSBAD AND SAN MARCOS
COUNTY WATER DISTRICT.
RECORDED: OCTOBER 29,
RECORDS.
1985 AS FILE NO. 85-404978 OF OFFICIAL
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
AFFECTS PARCEL 3.
22. AN EASEMENT FOR CONSTRUCTING AN OUTFALL INTERCEPTOR PIPELINE AND
INCIDENTAL PURPOSES IN FAVOR OF SAN MARCOS COUNTY WATER DISTRICT,
RECORDED JUNE 25, 1984 AS FILE NO. 84-237476 OF OFFICIAL RECORDS,
DESCRIBED AS FOLLOWS:
A STRIP OF LAND 1.0.00 FEET IN WIDTH, THE EASTERLY AND SOUTHERLY
LINES OF SAID STRIP BEING THE WESTERLY AND NORTHERLY LINES OF
THAT EASEMENT, 1.0.00 FEET IN WIDTH, GRANTED TO THE BUENA
SANITATION DISTRICT BY DOCUMENT RECORDED JULY 1.4, 1964 AS FILE
NO. 126861 OF OFFICIAL RECORDS OF THE COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA. THE SIDELINES OF SAID EASEMENT SHALL BE
FORESHORTENED OR LENGTHENED SO AS TO TERMINATE IN THE NORTHERLY
AND SOUTHERLY LINES AT THE· LANDS FIRST ABOVE DESCRIBED.
ALSO, A TEMPORARY WORKING STRIP BEING DESCRIBED AS FOLLOWS:
ONE STRIP OF LAND 5.00 FEET OF EVEN WIDTH, SAID 5.00 FOOT STRIP
OF LAND LYING ADJACENT NORTHERLY AND WESTERLY OF THE EASEMENT OF
RIGHT-OF-WAY AS DESCRIBED ABOVE AND ONE STRIP OF LAND 25.00 FEET
OF EVEN WIDTH, SAID 25.00 FOOT STRIP OF LAND LYING ADJACENT
·SOUTHERLY AND EASTERLY OF THE EASEMENT OF RIGHT-OF-WAY AS
DESCRIBED ABOVE.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
AFFECTS PARCEL 1.
PAGE 13
. ' .. ..... W' .. ~'e ' .
ORDER NO. 944601-15
23. AN EASEMENT FOR A PIPELINE OR PIPELINES, TOGETHER WITH THE RIGHT
OF INGRESS AND EGRESS AND INCIDENTAL PURPOSES IN FAVOR OF SAN
MARCOS COUNTY WATER DISTRICT, RECORDED NOVEMBER 8, 1985 AS FILE
NO. 85-420499 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
A STRIP OF LAND 10.00 FEET IN WIDTH, THE EASTERLY AND SOUTHERLY
LINE OF SAID STRIP BEING THE WESTERLY AND NORTHERLY LINES OF THAT
EASEMENT, 10.00 FEET IN WIDTH, GRANTED TO THE BUENA SANITATION
DISTRICT BY DOCUMENT RECORDED JULY 14, 1964 AS FILE NO. 126861 OF
OFFICIAL RECORDS OF THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA.
THE SIDELINES OF SAID EASEMENT SHALL BE FORESHORTENED OR
LENGTHENED SO AS TO TERMINATE IN THE NORTHERLY AND SOUTHERLY
LINES AT THE LANDS FIRST ABOVE DESCRIBED.
ALSO, A TEMPORARY WORKING STRIP BEING DESCRIBED AS FOLLOWS: "
ONE STRIP OF LAND 5.00 FEET OF EVEN WIDTH, SAID 5.00 FOOT STRIP
OF LAND LYING ADJACENT NORTHERLY AND WESTERLY OF THE EASEMENT OF
RIGHT-OF-WAY AS DESCRIBED ABOVE AND ONE STRIP OF LAND 25.00 FEET
OF EVEN WIDTH, SAID 25.00 FOOT STRIP OF LAND LYING ADJACENT
SOUTHERLY AND "EASTERLY OF THE EASEMENT OF RIGHT-OF-WAY AS
DESCRIBED ABOVE.
THIS EASEMENT SHALL TERMINATE UPON THE RECORDATION OF A NOTICE OF
COMPLETION OF THE LAND OUTFALL INTERCEPTOR EFFLUENT TRANSMISSION
LINE BEING INSTALLED IN THE PERMANENT EASEMENT GRANTED HEREIN.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
AFFECTS PARCEL 1.
24. AN EASEMENT FOR PIPELINES, INCLUDING BUT NOT LIMITED TO CONDUITS
AND CABLES FOR POWER TRANSMISSION AND COMMUNICATION PURPOSES,
TOGETHER WITH THE RIGHT INGRESS AND EGRESS THEREFROM AND
INCIDENTAL PURPOSES IN FAVOR OF SAN MARCOS COUNTY WATER DISTRICT,
RECORDED JUNE 10, 1986 AS FILE NO. 86-230351 OF OFFICIAL RECORDS,
DESCRIBED AS FOLLOWS:
A STRIP OF LAND 10.00 FEET IN WIDTH, LYING CONTIGUOUS TO AND
ADJACENT NORTHWESTERLY TO THE 10.00 FOOT SEWER EASEMENT TO BUENA
SANITATION DISTRICT WITHIN THE LANDS FIRST ABOVE DESCRIBED AS
SHOWN ON PARCEL MAP NO. 2949 RECORDED AUGUST 9, 1974 AS FILE NO.
74-216632 OF OFFICIAL RECORDS AT PAGE 2949 OF THE BOOK OF PARCEL
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
AFFECTS PARCEL 3.
PAGE 14
,
"a' ..... ·c
ORDER NO. 944601-15
25. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL
PRINCIPAL SUM OF $1,600,000.00, AND ANY OTHER AMOUNTS OR
OBLIGATIONS SECURED THEREBY, RECORDED DECEMBER 19, 1986 AS FILE
NO. 86-598072 OF OFFICIAL RECORDS.
DATED: DECEMBER 19, 1986
TRUSTOR: CARLTAS COMPANY, A CALIFORNIA LIMITED PARTNERSHIP
TRUSTEE: FIRST AMERICAN TITLE INSURANCE COMPANY, A
CALIFORNIA CORPORATION
BENEFICIARY: ANDREW W. MC REYNOLDS AND CHRISTA M. MC REYNOLDS,
HUSBAND AND WIFE
AFFECTS PARCEL 3.
26. A DEED OF TRUST, ASSIGNMENT OF RENTS AND LEASES AND FIXTURE
FILING, TO SECURE AN INDEBTEDNESS IN THE ORIGINAL PRINCIPAL SUM
OF 2,000,000.00, AND ANY OTHER AMOUNTS AND/OR OBLIGATIONS SECURED
THEREBY, RECORDED JANUARY 13, 1987 AS FILE NO. 87-013612 OF
OFFICIAL RECORDS.
DATED: DECEMBER 18, 1986
TRUSTOR: CARLTAS COMPANY, A CALIFORNIA LIMITED PARTNERSHIP
TRUSTEE: EQUITABLE DEED COMPANY, A CALIFORNIA CORPORATION
BENEFICIARY: SECURITY PACIFIC NATIONAL BANK, A NATIONAL BANKING
ASSOCIATION
AFFECTS PARCEL 3.
27. A DEED OF TRUST, ASSIGNMENT OF RENTS AND LEASES AND FIXTURE
FILING, TO SECURE.AN INDEBTEDNESS IN THE ORIGINAL PRINCIPAL SUM
OF 2,000,000.00, AND ANY O'l'HER AMOUNTS AND/OR OBLIGATIONS SECURED
THEREBY, RECORDED JANUARY 13, 1987 AS FILE NO. 87-013613 OF
OFFICIAL RECORDS.
DATED: DECEMBER 18, 1986
TRUSTOR: CARLTAS COMPANY, A CALIFORNIA LIMITED PARTNERSHIP
TRUSTEE: . EQUITABLE DEED COMPANY, A CALIFORNIA CORPORATION
BENEFICIARY: SECURITY PACIFIC NATIONAL BANK, A NATIONAL BANKING
ASSOCIATION
AFFECTS PARCELS 1 AND 2.
28. THE TERMS, COVENANTS, AND CONDITIONS OF THE PARTNERSHIP AGREEMENT
REFERRED TO IN THE VESTING HEREIN, AND THE EFFECT OF ANY FAILURE
TO COMPLY WITH SUCH TERMS, COVENANTS AND PROVISIONS.
29. THE REQUIREMENT THAT THIS COMPANY BE FURNISHED A COPY OF
AMENDMENTS, IF ANY, TO THE CARLTAS COMPANY, LIMITED PARTNERSHIP
AGREEMENT.
PAGE 15
.......
1986-1987 TAX INFORMATION:
CODE AREA:
PARCEL NO.:
1ST INSTALLMENT:
2ND INSTALLMENT:
LAND VALUE:
IMPROVEMENTS:
. EXEMPT:
. CODE AREA:
PARCEL NO.:
1ST INSTALLMENT:
2ND INSTALLMENT:
LAND VALUE:
IMPROVEMENTS:
EXEMPT:
CODE AREA:
PARCEL NO.:
1ST INSTALLMENT:
2ND INSTALLMENT:
LAND VALUE:
IMPROVEMENTS:
EXEMPT:
09034
211-040-08
$786.90 PAID
$786.90 PAID
$141,537.00
$-0-
$-0-
09034
211-040-09
$208.97 PAID
$208.97 PAID
$30,740.00
$-0-
$-0-
09018
211-040-12
$2,772.99 PAID
$2,772.99 OPEN
$492,488.00
$-0-
$-0-
PAGE 16
~:e 'f
ORDER NO. 944601-15
ORDER NO. 944601-15
LEGAL DESCRIPTION
THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
PARCEL 1:
THAT PORTION OF LOT "H" 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, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEASTERLY CORNER OF RECORD OF SURVEY NO. 7155,
FILED IN: THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
NOVEMBER 4, 1969, BEING ALSO A POINT ON THE SOUTHERLY LINE OF PALOMAR
AIRPORT ROAD AS GRANTED TO THE CITY OF CARLSBAD, BY DEED RECORDED
DECEMBER 7, 1959 IN BOOK 8030, PAGE 216 OF OFFICIAL RECORDS; THENCE
ALONG THE SOUTHERLY LINE OF SAID PALOMAR AIRPORT ROAD SOUTH 87°48 1 39"
EAST 348.13 FEET TO THE TRUE POINT OF BEGINNING, THENCE CONTINUING
EASTER~Y ALONG THE SOUTHERLY LINE OF SAID PALOMAR AIRPORT ROAD TO THE
EASTERLY LINE OF LAND DESCRIBED IN DEED TO SAN DIEGO COUNTY WATER
COMPANY, RECORDED JUNE 17, 1940 IN BOOK 1635, PAGE 301 OF OFFICIAL
RECORDS; THENCE ALONG SAID EASTERLY LINE SOUTH 0 ° 32 1 EAST TO THE
NORTHEASTERLY CORNER OF PARCEL MAP NO. 2949, FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 9, 1974; THENCE ALONG
THE NORTHERLY LINE OF SAID PARCEL MAP NO. 2949, NORTH 89°27 1 10" WEST
TO THE SOUTHEASTERLY CORNER OF LAND CONVEYED TO THE STATE OF
CALIFORNIA BY DEED RECORDED MARCH 11, 1966 AS FILE NO. 41661 OF
OFFICIAL RECORDS; THENCE ALONG THE EASTERLY LINE OF SAID LAND AND THE
NORTHERLY PROLONGATION THEREOF NORTH 02°09 1 37" EAST 448.63 FEET MORE
OR LESS TO THE TRUE POINT OF BEGINNING.
PARCEL 2:
THAT PORTION OF LOT "H" 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, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEASTERLY CORNER OF RECORD OF SURVEY NO. 7155,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
NOVEMBER 4, 1969, BEING ALSO A POINT ON THE SOUTHERLY LINE OF PALOMAR
AIRPORT ROAD, AS GRANTED TO THE CITY OF CARLSBAD, BY DEED RECORDED
DECEMBER 7, 1959 IN BOOK 8030, PAGE 216 OF OFFICIAL RECORDS; THENCE
ALONG THE SOUTHERLY LINE OF SAID PALOMAR AIRPORT ROAD, SOUTH
87°48 1 39" EAST 348~13 FEET TO A POINT; THENCE SOUTH 2°09'37" EAST 170
FEET, MORE OR LESS, TO THE NORTHEASTERLY CORNER OF THE LAND DESCRIBED
PAGE 17
ORDER NO. 944601-15
IN DEED TO THE STATE OF CALIFORNIA, RECORDED MARCH 11, 1966 AS FILE
NO. 41661 OF OFFICIAL RECORDS; THENCE NORTH 87 0 48'39" WEST, 348.13
FEET TO THE SOUTHEASTERLY CORNER OF PARCEL 3 OF PARCEL MAP NO. 195,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
RECORDED JANUARY 30, 1970 AS FILE NO. 18100 OF OFFICIAL RECORDS;
THENCE NORTHERLY ALONG THE EASTERLY LINE AND THE NORTHERLY
PROLONGATION OF PARCEL 3, NORTH 2 0 10' 50" EAST 170 FEET TO THE TRUE
POINT OF BEGINNING, EXCEPTING THEREFROM THAT PORTION THEREOF CONVEYED
TO THE CITY OF CARLSBAD, RECORDED DECEMBER 29, 1969 AS FILE NO.
234554 OF OFFICIAL RECORDS.
PARCEL 3:
PARCEL A OF PARCEL MAP NO. 2949, IN THE CITY OF CARLSBAD, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, AUGUST 9, 1974 AS FILE NO. 74-216632 OF
OFFICIAL RECORDS.
PAGE 18
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'.. . CITY·:,OFCARLS8AO.' . ,
1200 .ELMAViNUE . CARLSBAD, CALIFORNIA 92008 .
• ~5621
.' DESCRlPTION AMOUNT'
". ,'< , '~~""-''''i." •. " ~';\'" '
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DISCLOSURE FORM
APPLICANT: Car1tas Con;pany, a California Limited Partnership
Name (individual, partnership, joint venture,. corporation, syndication)
AGENT:
MEMBERS:
4401 :t1:mchester Avenue, Suite 206, Encinitas l' CA 92024
Business Address
(619) 944·:-4090
Telephone Number
Nolte and Associates
Name
I 9755 C1airerront Mesa Boulevard , San Diego,. CA 92124
Business Address
(61 9~ 278-9392
Christopher C Calkjns Menager Name (individual, partner, jOint
venture, corporation, syndication>
1435 Guizot, San Diego. CA 92107
Home Address
4401 Manchester Avenue. Suite 206! Encinitas , CA 92024
Business Address
(619) 944·:-.4090
Telephone Number
Pa,ul Ecke, J~!
Name
441 Saxony Road
Business Address
(619) 753",1134
Telephone Number
Telephone Number
441 Saxony Road
Home Address
Encinitas. CA 92024
Telephone Number
(Attach more sheets if necessary)
I/We understand that if this project is located in the Coastal Zone, I/we will apply
for Coastal Commission Approval prior to development.
I/We acknowledge' that in the process of reviewing this application, it may be
necessary for members of City Staff, Planning Commissioners, Design Review Board
members, or City Council members to inspect and enter the property that is the
subject of this application. I/We consent to entry for this purpose.
I/We declare under penalty of perjury that the information contained in this disclosure
is true and correct and that it will remain true and correct and may be relied upon
as being true and correct until amended.
Ca;r:1tas Company
PPLICANT
BY
I ,
I
I
~-=-==---------------::::::::: ~-~
H
S
N~
NOLTE and ASSOCIATES
O 123 North sycamowe nue, Suite 101,
Manteca, CA 9533
Tel: (209) 239-9080
FAX (209) 239-4166
D \1155 Clairemont Mesa BOUlevard. D 1270 Springbrook Road, Suite D,
~n Diego, CA 92124 Walnut Creek, CA 94596
Tel: (619) 278-9392 Tel: (415) 934-8060
FAX (619) 278-4628 FAX (415) 939-5451
Engineers / Planners I Surveyors D 60 South Market Street, Suite 600, D 1730 I Street, Suite 100, D 8955 S. Ridgeline Blvd., Unit P D '24741 Chrisanta Drive
San Jose, CA 95113 Sacramento, CA 95814 Highlands Ranch, CO 80126 Mission Viejo, CA 92691
Tel: (408) 287-3400 Tel: (916) 446-5020 (303) 791-0666 Tel: (714) 837-5001
FAX (408) 287-6906 FAX (916) 446-0118 FAX (714) 380-1207
Transmittal Memorandum
Th:_~C~i~t~~_o~f~C=ar~l~s=b=ad~ ______________________ _ Date: _---=-A..:J:p:..:..r...:..i.!.,.l -:2:..:8:..z,--=.19:::..::8:..:8=---____ _
Planning Department Project: _--=-C~a.:....rl.:....s::..:b.:....a::..:d:;,.....;.R.;.:a:;.:.;n:...=c..:..:h~ ____ _
2075 Las Palmas Drive Business Center
Carlsbad, CA 92009-4859
Attention: _---"N .... alJ.n.uc ... y~RwQ .... l.Ll.LJmLl1a ...... n-------_______ _ Our job No.: _~8~8.u7_"'9c.;:;-""87L..:.-~0 ...... 5:..--___ _
THE FOLLOWING ITEMS ARE BEING FORWARDED: o Attached D Separate Cover
For As For Your
Item Number Your Use Requested Review
illside Constraints Map 1 x
lope Profiles Sheet 1 x
T M CT 87-2 1 x
ft '<r€..It"""//l.~rvf 7(+1~ Repor+s
P J.r c I (;) SC.H'.(f! S7-e<.t.en...e""l +
/-1111 ~h.P-e. Oeve./O.4 h-tPn I-
I A fr U ea 4-;.:>..., ~r~
Remarks
f?er~Jf-
2
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I
C.C.To _____________________________ __
X
X
'I-(-fboo Chp oJ:"
Mike Ruth
8y __________________________________ ___