HomeMy WebLinkAboutHDP 92-15; GREEN VALLEY; Hillside Development Permit (HDP)F CT? OF CARlSBAD
L LAND USE REVIEW APPLICATION FOR PAGE 1 OF 2
1) APPLICATIONS APPLIED FOR: (CHECK BOXES)
(FOR DEPT (FOR DEPT USE ONLY) USE ONLY)
Master Plan General Plan Amendment
Specific Plan Local Coastal Plan Amendment -
O Precise Development Plan C3 Site Development Plan
Tentative Tract Map (Master) Zone Change
o Planned Development Permit 0 Conditional Use Permit
O Non-Residential Planned Development Hillside Development Permit
O Condominium Permit Environmental Impact Assessment
Special Use Permit 0 Variance
Redevelopment Permit 0 Planned Industrial Permit
Tentative Parcel Map Coastal Development Permit
o Administrative Variance Planning Commission Determination
List any other applications not specificed
2) LOCATION OF PROJECT: ON THE SIDE OF I West El Cam i no Real
(NORTH, SOUTH EAST, WEST) (NAME OF STREET)
BETWEEN La Costa Avenue] AND [i ivenhain Road
(NAME OF STREET) (NAME OF STREET)
3) BRIEF LEGAL DESCRIPTION: f Portion of Section 2, T13S, R4W; and portion of
Section 35, T12S, R4W
4) ASSESSOR PARCEL NO(S). I 216-122-24.36.37:255-011-O8...12:255-021-O5j.08
5) LOCAL FACILITIES 23 6) EXISTING GENERAL PLAN I c/O/RMII 7) PROPOSED GENERAL PLAN
MANAGEMENT ZONE DESIGNATION DESIGNATION
8) EXISTING ZONING P/C (9) PROPOSED ZONING - 10) GROSS SITE
ACREAGE
11) PROPOSED NUMBER OF 12) PROPOSED NUMBER 13) TYPE OF SUBDIVISION
RESIDENTIAL UNITS 400 OF LOTS 11
/
14) NUMBER OF EXISTING RESIDENTIAL UNITS 0
15) PROPOSED INDUSTRIAL I 0 (16) PROPOSED COMMERCIAL r600 000 I OFFICE/SQUARE FOOTAGE SQUARE FOOTAGE
281
M pace
.cIaI
nt Ia]
(RESIDENTIAL
COMMERCIAL
INDUSTRIAL)
N01t A ffiQ9o. . Wtu& E PJLAPI :°
PEQLflDIJG * FRM00016 '9c
CITY OF CARLSBAD
.PAGE 2 OF 2 LAND USE REVIEW APPLICATION FORM
17) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE 71
18) PROPOSED SEWER USAGE IN EQUIVALENT DWELLING UNITS } k00 (rejs i den t ial)
(Commercial to be determined by City Engineer per Table 13-1-0.0' Item (12))
19) PROPOSED INCREASE IN AVERAGE DAILY TRAFFIC 34, kool
20) PROJECT' NAME: F Green Valley I
21) BRIEF DESCRIPTION OFPROJECT- j Riparian woodland conservation corridor
subregional retail center, multi-family residential, upland bluff conser
area, and mini-convenience commercial.
22) 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 PRO2ETY AT IS THE SUBJECT OF THIS APPLICATION. IiWE CONSENT TO ENTRY FOR THIS
PURPOSE
U SIGNATURE
23) OWNER 24) APPLICANT
NAME (PRINT OR TYPE) NAME (PRINT OR TYPE)
Carlsbad partners.Ltd. Same
MAILING ADDRESS MAILING ADDRESS
1601 Elm Street, Suite a6L!
CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE
Dallas, TX 75201 (204) 979 -9072
CERTtEY THAT I AM THE LEGAL OWNER I CERTIFY THAT I AM WE LEGAL OWNER'i REPRENTMWE AND
AND THAT ALL THE ABOVE INFORMATION THAT ALL THE ABOVE INFORMATION IS TRUE AND CORREM TO THE
IS TRUE AND (XWP.ECt TO THE BEST OF BEST Of MY KNOWLEDGE.
MY KNOWLEDGE.
SIGNATURE DATE
DATE
FOR CITY USE ONL.Y
FEE COMPUTATION:
APPLICATION TYPE FEE REQUIRED
25-o
?I! 1 3 1992
DAMP;ONED
TOTAL FEE REQUIRED
DATE FEE PAID
/ c;2 -
RECEIPT NO.
RECEIVED-
C
0
N? 0 V 13 1992
PROJECT DESCRIPTION/EXPLANATION
LIS P3
PROJECT NAME: Green Valley
APPLICANT NAME: Carlsbad Partners Inc.
Please describe fully the proposed project. Include any details necessary to adequately
explain the scope and/or operation of the proposed project. You may also include any
background information and s,-,poring statements regarding the reasons for, or
appropriateness of, the application. Use an addendum sheet if necessary.
Description/Explanation.
The proposed development will include a riparian woodland
conservation area, subregional retail center, multi-family
residential, upland bluff conservation area, and mini-convenience
commercial on 281 gross acres. The total development area will
comprise approximate 81 acres, or 29% of the property. Open space
will comprise approximately 200 &cres, or 71% of the property.
The project will include two access roads at Calle Barcelona and
Levante Street and a north-south interior street.
The riparian woodland conservation area encompasses approximately
72 acres of the Encinitas Creek corridor adjacent to El Camino
Real. This area will be preserved within an open space easement.
The subregional retail center (approximately 53 acres) will be
located in the south-central portion of the property and will have
a maximum of 600,000 square feet of commercial floor area. A
landscaped parking lot will be located in the front of the center,
with employee parking and service areas in the rear.
The multi-family residential area (15 acres) to the north of the
retail center is proposed for a maximum of 400 dwelling units
contained within two- and three-story multi-unit buildings.
The upland bluff conservation area (approximately 128 acres) is
located in the hilly western portion of the property. The area,
which consists of moderate to steeply sloping hills, will be
preserved within an open space easement.
The mini-convenience commercial area (1.6 acres), located at the
intersection of La -Costa Avenue and El Camino Real, will contain
one or two convenience-type businesses such as service station,
bank, fast food restaurant, or convenience grocery store.
R.v. 4/91 ProjDesc.frm
6
Carlsbad:
DISCLOSURE STATEMENT
APPLICANTS STATEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPLICATIONS WHICH WILL REQUIRE
DISCRETIONARY ACTION ON THE PART OF THE CITY COUNCIL OR ANY APPOINTED BOARD, COMMISSION OR COMMITTEE.
(Please Print)
The following information must be disclosed:
Applicant
List the names and addresses of all persons having a financial interest in the application.
2. Owner
List the names and addresses of all persons having any ownership interest in the property involved.
Carlsbad Partners. ltd.
Suite 2364, 1601 Elm St.
Dallas, Texas 75201
If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names and
addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnership
interest in the partnership.
Nelson Bunker Hunt Ligiiid'iting Trust 8235Douglas Ave.. #1300, Dallas, T
William Herbert Hunt Liquidating Trust 8235 Douglas Ave., #1300. Dallas, 7
T. J. Curnes 8235 Douglas Ave., if 1300,Dallas,Tx.
Pacwes, Ltd. 8235 Douglas Ave., #1300,Dallas, T
Penyen Partners, Ltd. 8235 Douglas Ave.,#1300,Dallas,Tx.
75225
4. If any person identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the names and
addresses of any person serving as officer or director of the non-profit organization or as trustee or beneficiary
of the trust.
N/A
FRM00013 8/90
2075 Las Palmas Drive • Carlsbad, California 92009-4859 • (619) 438-1161
.
(Over)
Disclosure Statement Page 2
5. Have you had more than $250 worth of business transacted with any member of City staff, Boarcs
Commissions, Committees and Council within the past twelve months?
Yes - No )( If yes, please indicate person(s)___________________________________________________
Person is defined as: Any individual, firm, copartnership, 1oirit venture, association, social club, fraternal organization. corporation, estate. trust.
receiver, syndicate, this and any other county, city and county, city municipality, district or other political subdivision, or any other group or
combination acting as a unit
(NOTE: Attach additional pages as necessary.)
/1- f
SignaVire of
7Ti,oøii,5 JTC4e5
Print or type name of owner
v/Lop,1EA-'r E,'/4L
PiTir,ió C,q,z 5 g
P,,zy,i,gi2s, LJ
Signature of applicant/date
Print or type name of applicant
FRM00013 8/90
S
Carlsbad
DISCLOSURE STATaMENT
S A.4€Nr OF (SCSUR OF CER7ALN OwR5P I (1ES'5 ON AL A?o,Jci1Op$ 'e4-C)4 S1O.&RY AC-11014 ON r- PART OF E CT'' :ouNc:L R ANY APØNTED SCAAC. .4MIS5ICN OR
:,s4
ctIow;ng information must ize disclosed:
A00 11cant
Lst tr.e names and addresses of all persons riavinga rinancal interest in tn. acpiicatiori.
2. Owner
st te names and addresses o f all persons having any ownersrip interest in tPe crcoeav invc:vec.
Carlsbad ?artners, Ltd.
P.O. Box 210129
Dallas, Tx. 75211
if any person identd pur3ut to (1) or (2) above is a caon or partri4rsi. iiSt tn. names an
Of all indMdua.Ls owninç moi. tflan 10% of tie sMares in Me co=ration or owning any partnersr.::
nterest in e partr,.rsflip. N3H iquidacig Trust ?.0.Box 210129, Dallas, Tx, 75211 WHII Liquidating Trust 2121 San Jacinto St., Suite 1010, Dallas,T: aoor investments carp. 2121 San Jacinto St., Suite 1010, Dallas,T:
73201
If any person identfad pursuant to (1) or (2) above is a rion-.00t orgaqization or a trust. list tMe names an:
accres.s.s of any por=n serving as oft or oir.cc of trw rion-prcftt o zaoi CC as truste. Cr :enenca.'
otuieust
NJA
FRMI3 4/91 Page I of 2
2075 Las Pairmas Orive • Cartsac Ca,tornsa 3200-6e59 • (19) £35-I 1451
(Cver;
O(SC1QSJte Statement Page 2
S. Have you had more than $250. worth of business transacted with any merrioer of City stan'
Commissions, Committees and Council within the past twelve months?
Yes No _.L If yes, please indicate peroa(s)___________________________________________
is defined u: Afrv aoaI.ra?IIO. Qi.v.vUrs. i'5c,I. social cftj. e,na iç'za . :8(Qaocil. estate -'
ncs. sa a,4 any cmy. : and cnf?. ;try (UIIC1O4'. iS ( a.q sNtIIO41. Ot any ;ro o,
scnq LI * JA.'
,Nor. ATWW a icnaa a.s rica.Wy.)
çrau%.Cr c-*nsr,z•
R. Career Pate;--Trustee of the
NBE Liquidating Trust and rtot
individually
y
Sçncure Of wcucant/øai
Prim or rips rtirflq Cr aOQWAM
FR.M 13 4/91
Page 2 of 2
_eç AEj 1
C.1
ORDER NO 1046947-15
FIRST AMERICAN TITLE INSURANCE COMPANY
411 IVY STREET, (P.O. BOX 808) SAN DIEGO, CALIFORNIA 92101
(619) 238-1776
JUNE 4, 1992
WILLIAM H. CIES
2540 HUNTINGTON DRIVE
SAN MORENO, CALIFORNIA 91108
OUR ORDER NO. 1046947-15
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 SET FORTH 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. IF IT IS DESIRED
THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE
INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED.
DATED AS OF MAY 26, 1992 AT 7:30 A.M.
ol
GREG SPANIOL/EKG - TITLE OFFICER
DIRECT DIAL PHONE 231-4656
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ORDER NO. 1046947-15
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:
CARLSBAD PARTNERS, LTD., A TEXAS 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 LEGAL DESCRIPTION)
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 1992-93, A LIEN,
NOT YET PAYABLE.
2. SUPPLEMENTAL TAXES OR ASSESSMENTS PURSUANT TO THE CALIFORNIA
REVENUE AND TAXATION CODE.
PARCEL NO. 889-114-00-88.
ORIGINAL 1ST INSTALLMENT $1,829.47 PAID
ORIGINAL 2ND INSTALLMENT $1,829.47 PAID
NOTE: NO DETERMINATION IS MADE AS TO THE ASSESSED TAX YEAR.
SUPPLEMENTAL TAXES OR ASSESSMENTS PURSUANT TO THE CALIFORNIA
REVENUE AND TAXATION CODE.
PARCEL NO. 889-526-67-28.
ORIGINAL 1ST INSTALLMENT $1,828.48 PAID
ORIGINAL 2ND INSTALLMENT $1,828.48 PAID
NOTE: NO DETERMINATION IS MADE AS TO THE ASSESSED TAX YEAR.
3. THE LIEN OF SUPPLEMENTAL TAXES OR ASSESSMENTS, IF ANY, ASSESSED
PURSUANT TO CHAPTER 3.5 COMMENCING WITH SECTION 75 OF THE
CALIFORNIA REVENUE AND TAXATION CODE AND ANY OTHER APPLICABLE
STATUTES OF THE CALIFORNIA REVENUE AND TAXATION CODE.
PAGE 2
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ORDER NO. 1046947-15
4. 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.
5. THE RIGHT OF THE PUBLIC TO USE AS A PUBLIC HIGHWAY THOSE PORTIONS
OF SECTIONS 2 AND 11 HEREIN DESCRIBED THAT LIE WITHIN OLD SURVEY
NO. 35, THOSE PORTIONS OF SECTIONS 2, 23, 26 AND 35 HEREIN
DESCRIBED THAT LIE WITHIN OLD SURVEY NO. 33, THAT PORTION OF
SECTION 34 HEREIN DESCRIBED THAT. LIES WITHIN ROAD SURVEY NO. 346,
AND THOSE PORTIONS OF SECTIONS 34 AND 35 HEREIN DESCRIBED THAT
LIE WITHIN OLD SURVEY NO. 62, ALL AS SHOWN UPON THE ORIGINAL
RECORDS IN THE OFFICE OF COUNTY SURVEYOR OF SAN DIEGO COUNTY.
THE ROUTE OR LOCATION OF SAID EASEMENT CANNOT BE DETERMINED FROM
THE RECORD.
6. COVENANTS, CONDITIONS AND RESTRICTIONS, BUT DELETING
RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION OR NATIONAL
ORIGIN, IN AN INSTRUMENT RECORDED SEPTEMBER 5, 1929 IN BOOK 1660,
PAGE 476 OF DEEDS.
SAID INSTRUMENT PROVIDES THAT A VIOLATION THEREOF SHALL NEITHER
DEFEAT NOR RENDER INVALID THE LIEN OF ANY MORTGAGE OR DEED OF
TRUST MADE FOR VALUE.
7. AN EASEMENT FOR IRRIGATION PIPELINE AND DITCHES, TELEPHONE,
TELEGRAPH AND ELECTRIC LINES, AND INCIDENTAL PURPOSES IN FAVOR OF
LA COSTA ACRES CORPORATION, A CORPORATION, RECORDED SEPTEMBER 5,
1929 IN BOOK 1660, PAGE 476 OF DEEDS, LOCATED WITHIN SECTIONS 2
AND 11, TOWNSHIP 13 SOUTH, RANGE 4 WEST.
THE ROUTE OR LOCATION OF SAID EASEMENT CANNOT BE DETERMINED FROM
THE RECORD.
8. AN EASEMENT FOR POLES, WIRES AND ANCHORS FOR THE TRANSMISSION AND
DISTRIBUTION OF ELECTRICITY AND INCIDENTAL PURPOSES IN FAVOR OF
SAN DIEGO GAS AND ELECTRIC COMPANY, RECORDED DECEMBER 23, 1948 IN
BOOK 3059, PAGE 321 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT HEREIN KNOWN AS POINT "A"., WHICH POINT BEARS
NORTH 89°02' WEST, 1,527.73 FEET; THENCE SOUTH 16 0 06 1 EAST,
589.77 FEET; THENCE SOUTH 73 0 54' WEST, 24.0 FEET FROM THE
NORTHEAST CORNER OF SECTION 14, TOWNSHIP 13 SOUTH, RANGE 4 WEST;
THENCE FROM SAID POINT "A", SOUTH 8°16' EAST TO THE EAST LINE OF
SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 14.
PAGE 3
C..,
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ORDER NO. 1046947-15
ALSO: BEGINNING AT SAID POINT "A"; THENCE NORTH 20 0 11' WEST,
335.79 FEET; THENCE NORTH 14 0 06' WEST, 701.0 FEET; THENCE NORTH
16°05' WEST, 960.0 FEET, MORE OR LESS, TO THE NORTH LINE OF THE
SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 11,
TOWNSHIP 13 SOUTH, RANGE 4 WEST.
ALSO: BEGINNING AT A POINT HEREIN KNOWN AS POINT "B" ON THE
WESTERLY LINE OF RANCHO LAS ENCINITAS, DISTANT THEREON 58.76 FEET
SOUTHERLY FROM THE NORTHWEST CORNER THEREOF; THENCE FROM SAID
POINT "B", SOUTH 74°49' WEST, 1.0 FOOT; THENCE SOUTH 20 0 56' EAST,
316.5 FEET; THENCE SOUTH 3 0 05' WEST TO THE SOUTHERLY LINE OF SAID
PORTION OF SAID SECTION 2.
ALSO: BEGINNING AT SAID POINT "B"; THENCE NORTH 74 0 49' EAST,
737.0 FEET.
ALSO: BEGINNING AT A POINT ON THE EASTERLY LINE OF SAID LOT 11
OF RANCHO LAS ENCINITAS, DISTANT THEREON 23.62 FEET NORTHERLY
FROM THE SOUTHEAST CORNER THEREOF; THENCE FROM SAID POINT OF
BEGINNING, SOUTH 87 0 00' WEST, 1,210.01 FEET TO A POINT HEREIN
KNOWN AS POINT "C"; THENCE CONTINUING SOUTH 87 0 00' WEST TO THE
WESTERLY LINE OF SAID RANCHO LAS ENCINITAS.
ALSO: BEGINNING AT SAID POINT "C"; THENCE SOUTH 6 0 15' EAST TO
THE SOUTHERLY LINE OF SAID LOT 11 OF RANCHO LAS ENCINITAS.
EXCEPTING FROM ABOVE RIGHT OF WAY, ANY PORTION THEREOF LYING
WITHIN ANY DEEDED OR DEDICATED ROAD, STREET OR HIGHWAY.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
9. AN EASEMENT AND RIGHT OF WAY FOR PUBLIC ROAD PURPOSES OVER AND
ACROSS ROAD SURVEY NO. 682, ACCORDING TO MAP ON FILE IN THE
OFFICE OF THE COUNTY SURVEYOR, AND AS GRANTED TO THE COUNTY OF AN
DIEGO BY DEEDS RECORDED FEBRUARY 6, 1950 IN BOOK 3485, PAGE 208
AND MARCH 9, 1951 IN BOOK 4031, PAGE 440, BOTH OF OFFICIAL
RECORDS.
SAID INSTRUMENT ALSO GRANTS THE PRIVILEGE AND RIGHT TO EXTEND AND
MAINTAIN DRAINAGE STRUCTURES AND EXCAVATION AND EMBANKMENT SLOPES
BEYOND THE LIMITS OF SAID RIGHT OF WAY WHERE REQUIRED FOR THE
CONSTRUCTION AND MAINTENANCE THEREOF.
A PORTION OF SAID RIGHT OF WAY WAS VACATED BY AN INSTRUMENT
RECORDED MARCH 13, 1964 AS FILE NO. 47558 OF OFFICIAL RECORDS.
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ORDER NO. 1046947-15
10. AN EASEMENT AND RIGHT OF WAY FOR PUBLIC ROAD PURPOSES OVER AND
ACROSS ROAD SURVEY NO. 682, ACCORDING TO MAP ON FILE IN THE
OFFICE OF THE COUNTY SURVEYOR AND AS GRANTED TO THE COUNTY OF SAN
DIEGO BY DEED RECORDED FEBRUARY 28, 1950 IN BOOK 3518, PAGE 221
OF OFFICIAL RECORDS.
SAID INSTRUMENT ALSO GRANTS THE PRIVILEGE AND RIGHT TO EXTEND AND
MAINTAIN DRAINAGE STRUCTURES AND EXCAVATION AND EMBANKMENT SLOPES
BEYOND THE LIMITS OF SAID RIGHT OF WAY WHERE REQUIRED FOR THE
CONSTRUCTION AND MAINTENANCE THEREOF.
11. AN EASEMENT AND RIGHT OF WAY FOR PUBLIC ROAD PURPOSES OVER AND
ACROSS ROAD SURVEY NO. 682, ACCORDING TO MAP ON FILE IN THE
OFFICE OF THE COUNTY SURVEYOR AND AS GRANTED TO THE COUNTY OF SAN
DIEGO BY DEED RECORDED FEBRUARY 28, 1950 IN BOOK 3518, PAGE 226
OF OFFICIAL RECORDS.
SAID INSTRUMENT ALSO GRANTS THE PRIVILEGE AND RIGHT TO EXTEND AND
MAINTAIN DRAINAGE STRUCTURES AND EXCAVATION AND EMBANKMENT SLOPES
BEYOND THE LIMITS OF SAID RIGHT OF WAY WHERE REQUIRED FOR THE
CONSTRUCTION AND MAINTENANCE THEREOF.
12. AN EASEMENT FOR GAS PIPELINES AND INCIDENTAL PURPOSES IN FAVOR OF
SAN DIEGO GAS AND ELECTRIC COMPANY, RECORDED MARCH 2, 1960 AS
FILE NO. 42870 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
SAID EASEMENT BEING 30 FEET IN WIDTH, THE SOUTHWESTERLY AND
WESTERLY LINE OF SAID RIGHT OF WAY SHALL BE PARALLEL WITH AND 10
FEET SOUTHWESTERLY AND WESTERLY, MEASURED AT RIGHT ANGLES, AND
THE NORTHEASTERLY AND EASTERLY LINE OF SAID RIGHT OF WAY SHALL BE
PARALLEL WITH AND 20 FEET NORTHEASTERLY AND EASTERLY, MEASURED AT
RIGHT ANGLES, FROM THE FOLLOWING DESCRIBED LINE:
BEGINNING AT A POINT IN THE NORTHERLY BOUNDARY LINE OF RANCHO LAS
ENCINITAS, ACCORDING TO MAP THEREOF NO. 848, FILED IN THE OFFICE
OF COUNTY RECORDER OF SAN DIEGO COUNTY, DISTANT THEREON NORTH
76°00 1 38" EAST, 182.16 FEET FROM THE NORTHWEST CORNER OF SAID
RANCHO LAS ENCINITAS; THENCE FROM POINT OF BEGINNING, NORTH
36 0 36 1 15" WEST, A DISTANCE OF 592.43 FEET; THENCE PARALLEL WITH
AND 50.0 FEET SOUTHWESTERLY AND WESTERLY, MEASURED AT RIGHT
ANGLES, FROM THE CENTER LINE OF COUNTY ROAD SURVEY NO. 682, FILED
IN THE OFFICE OF COUNTY SURVEYOR OF SAN DIEGO COUNTY, THE
FOLLOWING COURSES AND DISTANCES:
NORTH 36 0 36 1 15" WEST (RECORD NORTH 36°51' WEST), A DISTANCE OF
382.87 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE
NORTHEASTERLY, HAVING A RADIUS OF 2,050.0 FEET; THENCE
NORTHWESTERLY AND NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH
A CENTRAL ANGLE OF 27 0 35 1 30 11 , A DISTANCE OF 979.57 FEET; THENCE
NORTH 9 0 10 1 45 11 WEST (RECORD NORTH 9 0 25 1 30 11 WEST), TANGENT TO SAID
PAGE 5
ORDER NO. 1046947-15
CURVE, A DISTANCE OF 288.61 FEET TO THE BEGINNING OF A TANGENT
CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 2,950.0 FEET;
THENCE NORTHERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE,
THROUGH A CENTRAL ANGLE OF 15 0 35 1 , A DISTANCE OF 340.0 FEET, MORE
OR LESS, TO THE NORTHERLY LINE OF SAID SECTION 2.
ALSO: BEGINNING AT SAID POINT OF BEGINNING; THENCE SOUTH
36°36 1 15" EAST, A DISTANCE OF 309.99 FEET.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
SAID INSTRUMENT, AMONG OTHER THINGS, PROVIDES GRANTOR ALSO GRANTS
TO GRANTEE THE RIGHT DURING CONSTRUCTION OF GRANTEE'S INITIAL
PIPELINE TO USE FOR PURPOSES INCIDENTAL TO SAID CONSTRUCTION, A
STRIP OF LAND 45 FEET IN WIDTH ADJACENT AND CONTIGUOUS TO THE
WITHIN GRANTED EASEMENT AND RIGHT OF WAY, SAID STRIP TO BE IN
WHOLE OR IN PART ON EITHER SIDE OF THE SANE, SAID RIGHT TO USE
SAID STRIP OF LAND CEASING AND BEING TERMINATED AT SUCH TIME AS
SAID INITIAL CONSTRUCTION IS COMPLETED.
NOTE: AN INSTRUMENT RECORDED JULY 26, 1972 AS FILE NO. 194159 OF
OFFICIAL RECORDS, EXECUTED BY SAN DIEGO GAS AND ELECTRIC COMPANY,
A CALIFORNIA CORPORATION, PURPORTS TO QUITCLAIM TO THE COUNTY OF
SAN DIEGO, A MUNICIPAL CORPORATION, ANY INTEREST IN THAT PORTION
OF SAID EASEMENT DESCRIBED AS FOLLOWS:
THAT CERTAIN STRIP OF LAND 10.00 FEET IN WIDTH LYING WITHIN LOTS
9, 14, 15 AND THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 35, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE
AND MERIDIAN, AND WITHIN LOTS 3 AND 6 AND THE SOUTHEAST QUARTER
OF THE NORTHWEST QUARTER OF SECTION 2, TOWNSHIP 13 SOUTH, RANGE 4
WEST, SAN BERNARDINO BASE AND MERIDIAN, BEING PARTICULARLY
DESCRIBED AS FOLLOWS:
THE EASTERLY AND NORTHEASTERLY LINE OF SAID 10.00 FOOT WIDE STRIP
OF LAND SHALL BE PARALLEL WITH AND 20.00 FEET EASTERLY AND
NORTHEASTERLY, MEASURED AT RIGHT ANGLES, AND THE WESTERLY AND
SOUTHWESTERLY LINE OF SAID 10.00 FOOT WIDE STRIP OF LAND SHALL BE
PARALLEL WITH AND 10.00 FEET EASTERLY AND NORTHEASTERLY, MEASURED
AT RIGHT ANGLES, FROM THE FOLLOWING DESCRIBED REFERENCE LINE:
BEGINNING AT A POINT IN THE NORTHERLY BOUNDARY OF RANCHO LAS
ENCINITAS, ACCORDING TO MAP THEREOF NO. 848, FILED IN THE OFFICE
OF COUNTY RECORDER OF SAN DIEGO COUNTY, DISTANT THEREON NORTH
76°00 1 37" EAST, 182.16 FEET FROM THE NORTHWEST CORNER OF SAID
RANCHO LAS ENCINITAS; THENCE FROM SAID POINT OF BEGINNING, NORTH
36-36 1 15 11 WEST (RECORD NORTH 36 0 51' WEST), A DISTANCE OF 592.43
FEET TO A POINT ON A LINE THAT IS PARALLEL WITH AND 50.00 FEET
SOUTHWESTERLY, MEASURED AT RIGHT ANGLES, FROM THE CENTER LINE OF
COUNTY ROAD SURVEY NO. 682, FILED IN THE OFFICE OF COUNTY
PAGE 6
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ORDER NO. 1046947-15
SURVEYOR OF SAN DIEGO COUNTY; THENCE ALONG A LINE THAT IS
PARALLEL AND CONCENTRIC WITH SAID CENTER LINE, THE FOLLOWING
COURSES AND DISTANCES:
NORTH 36 0 36 1 15" WEST (RECORD NORTH 36°51' WEST), 382.87 FEET TO
THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A
RADIUS OF 2,050.00 FEET; THENCE NORTHWESTERLY AND NORTHERLY ALONG
THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 27°35 1 30 11 , A
DISTANCE OF 979.57 FEET; THENCE NORTH 9 0 10 1 45" WEST (RECORD NORTH
9°25 1 30" WEST), TANGENT TO SAID CURVE, A DISTANCE OF 288.61 FEET
TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY,
HAVING A RADIUS OF 2,950.00 FEET; THENCE NORTHERLY AND
NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL
ANGLE OF 15 0 35'00", A DISTANCE OF 802.34 FEET; THENCE NORTH
24°45 1 45" WEST (RECORD NORTH 25-25 1 30 11 WEST), TANGENT TO SAID
CURVE, A DISTANCE OF 1,100.05 FEET TO THE BEGINNING OF A TANGENT
CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 3,050.00 FEET;
THENCE NORTHWESTERLY AND NORTHERLY ALONG THE ARC OF SAID CURVE,
THROUGH A CENTRAL ANGLE OF 15 0 38 1 30 11 , A DISTANCE OF 832.77 FEET;
THENCE NORTH 9 0 07 1 15" WEST (RECORD NORTH 9°22' WEST), TANGENT TO
SAID CURVE, A DISTANCE OF 754.26 FEET TO A POINT THAT IS 50.00
FEET WESTERLY, MEASURED AT RIGHT ANGLES, FROM ENGINEER'S STATION
382 PLUS 00 IN THE CENTER LINE OF SAID COUNTY ROAD SURVEY NO. 862
(108 PLUS 00 R.S. 1800-1).
13. AN EASEMENT FOR GAS PIPELINES AND INCIDENTAL PURPOSES IN FAVOR OF
SAN DIEGO GAS AND ELECTRIC COMPANY, RECORDED JULY 25, 1960 AS
FILE NO. 149737 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
SAID EASEMENT BEING 30 FEET IN WIDTH, THE SOUTHWESTERLY AND
WESTERLY LINE OF SAID RIGHT OF WAY SHALL BE PARALLEL WITH AND 10
FEET SOUTHWESTERLY AND WESTERLY, MEASURED AT RIGHT ANGLES, AND
THE NORTHEASTERLY AND EASTERLY LINE OF SAID RIGHT OF WAY SHALL BE
PARALLEL WITH AND 20 FEET NORTHEASTERLY AND EASTERLY, MEASURED AT
RIGHT ANGLES, FROM THE FOLLOWING DESCRIBED LINE:
BEGINNING AT A POINT IN NORTHERLY BOUNDARY LINE OF RANCHO LAS
ENCINITAS, ACCORDING TO MAP THEREOF NO. 848, FILED IN THE OFFICE
OF COUNTY RECORDER OF SAN DIEGO COUNTY, DISTANT THEREON NORTH
76°00 1 37" EAST, 182.16 FEET FROM THE NORTHWEST CORNER OF SAID
RANCHO LAS ENCINITAS; THENCE FROM SAID POINT OF BEGINNING, NORTH
36°36 1 15" WEST (RECORD NORTH 36°51' WEST), A DISTANCE OF 975.30
FEET TO THE BEGINNING OF TANGENT CURVE, CONCAVE NORTHEASTERLY,
HAVING A RADIUS OF 2,050.00 FEET; THENCE NORTHWESTERLY AND
NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF
27 0 35 1 30 11 , A DISTANCE OF 979.57 FEET; THENCE NORTH 9 0 10 1 45" WEST
(RECORD NORTH 9°25 1 30" WEST), TANGENT TO SAID CURVE, A DISTANCE
OF 288.61 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE
SOUTHWESTERLY, HAVING A RADIUS OF 2,950.0 FEET; THENCE NORTHERLY
AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL
PAGE 7
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ORDER NO 1046947-15
ANGLE OF 15 0 35 1 1 A DISTANCE OF 802.34 FEET; THENCE NORTH
24°45 1 45" WEST (RECORD NORTH 25000130h1 WEST), TANGENT TO SAID
CURVE, A DISTANCE OF 1,100.05 FEET TO THE BEGINNING OF A TANGENT
CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 3,050.0 FEET;
THENCE NORTHWESTERLY AND NORTHERLY ALONG THE ARC OF SAID CURVE,
THROUGH A CENTRAL ANGLE OF 150383011, A DISTANCE OF 832.77 FEET;
THENCE NORTH 9 0 07 1 15 WEST (RECORD NORTH 9 0 22' WEST), TANGENT TO
SAID CURVE, A DISTANCE OF 989.84 FEET TO THE BEGINNING OF A
TANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 1,550.0 FEET;
THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL
ANGLE OF 28 0 47', A DISTANCE OF 781.70 FEET; THENCE NORTH
19 0 39 1 45" EAST (RECORD NORTH 19°25' EAST), TANGENT TO SAID CURVE,
A DISTANCE OF 2,473.39 FEET TO THE BEGINNING OF A TANGENT CURVE,
CONCAVE WESTERLY, HAVING A RADIUS OF 1,950.0 FEET; THENCE
NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF
27 0 35 1 ,. A DISTANCE OF 938.77 FEET; THENCE NORTH 705511511 WEST
(RECORD NORTH 8°10' WEST), A DISTANCE OF 1,721.35 FEET TO THE
BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A
RADIUS OF 1,950.0 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF
SAID CURVE, THROUGH A CENTRAL ANGLE OF 25°25'30", A DISTANCE OF
865.31 FEET; THENCE NORTH 33 0 20 1 45" WEST (RECORD NORTH 3303513011
WEST), A DISTANCE OF 816.96 FEET; THENCE NORTH 3 0 15 1 15 EAST, A
DISTANCE OF 189.13 FEET TO A POINT IN THE NORTHERLY BOUNDARY LINE
OF SAID SECTION 26, DISTANT THEREON SOUTH 89 0 53 1 40" EAST, 200.15
FEET FROM THE NORTH QUARTER CORNER OF SAID SECTION 26.
THE DESCRIBED LINE OF SAID EASEMENT THROUGH THE ABOVE DESCRIBED
PROPERTY IS 50.0 FEET WESTERLY AND SOUTHWESTERLY FROM AND
PARALLEL WITH THE CENTER LINE OF COUNTY ROAD SURVEY NO. 682,
FILED IN THE OFFICE OF COUNTY SURVEYOR OF SAN DIEGO COUNTY.
THE SIDELINES OF THE HEREINBEFORE DESCRIBED RIGHT OF WAY, 30 FEET
IN WIDTH, SHALL BE LENGTHENED AND/OR SHORTENED SO THAT SAID
SIDELINES SHALL BE CONTINUOUS AND SHALL TERMINATE IN THE BOUNDARY
OF THE ABOVE DESCRIBED LANDS OF THE GRANTOR HEREIN.
EXCEPTING FROM THE ABOVE DESCRIBED RIGHT OF WAY, ANY PORTION
THEREOF LYING WITHIN THE ABOVE DESCRIBED LANDS OF THE GRANTOR
HEREIN.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
SAID INSTRUMENT, AMONG OTHER THINGS, PROVIDES "GRANTOR ALSO
GRANTS TO GRANTEE THE RIGHT DURING CONSTRUCTION OF THE INITIAL
PIPELINE, TO USE FOR PURPOSES INCIDENTAL TO SAID CONSTRUCTION, A
STRIP OF LAND 45 FEET IN WIDTH ADJACENT AND CONTIGUOUS TO THE
WITHIN GRANTED EASEMENT AND RIGHT OF WAY, SAID STRIP TO BE IN
WHOLE OR IN PART ON EITHER SIDE OF THE SAME, SAID RIGHT TO USE
SAID STRIP OF LAND CEASING AND BEING TERMINATED AT SUCH TIME AS
SAID INITIAL CONSTRUCTION IS COMPLETED".
PAGE 8
.
ORDER NO. 1046947-15
NOTE: AN INSTRUMENT RECORDED JULY 26, 1972 AS FILE NO. 194159 OF
OFFICIAL RECORDS, EXECUTED BY SAN DIEGO GAS AND ELECTRIC COMPANY,
A CALIFORNIA CORPORATION, PURPORTS TO QUITCLAIM TO THE COUNTY OF
SAN DIEGO, A MUNICIPAL CORPORATION, ANY INTEREST IN THAT PORTION
OF SAID EASEMENT DESCRIBED AS FOLLOWS:
THAT CERTAIN STRIP OF LAND 10.00 FEET IN WIDTH LYING WITHIN LOTS
9, 14, 15 AND THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 35, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE
AND MERIDIAN, AND WITHIN LOTS 3 AND 6 AND THE SOUTHEAST QUARTER
OF THE NORTHWEST QUARTER OF SECTION 2, TOWNSHIP 13 SOUTH, RANGE 4
WEST, SAN BERNARDINO BASE AND MERIDIAN, BEING PARTICULARLY
DESCRIBED AS FOLLOWS:
THE EASTERLY AND NORTHEASTERLY LINE OF SAID 10.00 FOOT WIDE STRIP
OF LAND SHALL BE PARALLEL WITH AND 20.00 FEET EASTERLY AND
NORTHEASTERLY, MEASURED AT RIGHT ANGLES, AND THE WESTERLY AND
SOUTHWESTERLY LINE OF SAID 10.00 FOOT WIDE STRIP OF LAND SHALL BE
PARALLEL WITH AND 10.00 FEET EASTERLY AND NORTHEASTERLY, MEASURED
AT RIGHT ANGLES, FROM THE FOLLOWING DESCRIBED REFERENCE LINE:
BEGINNING AT A POINT IN THE NORTHERLY BOUNDARY OF RANCHO LAS
ENCINITAS, ACCORDING TO MAP THEREOF NO. 848, FILED IN THE OFFICE
OF COUNTY RECORDER OF SAN DIEGO COUNTY, DISTANT THEREON NORTH
76 0 00 1 37" EAST, 182.16 FEET FROM THE NORTHWEST CORNER OF SAID
RANCHO LAS ENCINITAS; THENCE FROM SAID POINT OF BEGINNING, NORTH
36 0 36 1 15" WEST (RECORD NORTH 36°51' WEST), A DISTANCE OF 592.43
FEET TO A POINT ON A LINE THAT IS PARALLEL WITH AND 50.00 FEET
SOUTHWESTERLY, MEASURED AT RIGHT ANGLES, FROM THE CENTER LINE OF
COUNTY ROAD SURVEY NO. 682, FILED IN THE OFFICE OF COUNTY
SURVEYOR OF SAN DIEGO COUNTY; THENCE ALONG A LINE THAT IS
PARALLEL AND CONCENTRIC WITH SAID CENTER LINE, THE FOLLOWING
COURSES AND DISTANCES:
NORTH 36 0 36 1 15" WEST (RECORD NORTH 36°51' WEST), 382.8 FEET TO
THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A
RADIUS OF 2,050.00 FEET; THENCE NORTHWESTERLY AND NORTHERLY ALONG
THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 27°35 1 30 11 , A
DISTANCE OF 979.57 FEET; THENCE NORTH 9 0 10 1 45" WEST (RECORD NORTH
9 -25 1 30" WEST), TANGENT TO SAID CURVE, A DISTANCE OF 288.61 FEET
TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY,
HAVING A RADIUS OF 2,950.00 FEET; THENCE NORTHERLY AND
NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL
ANGLE OF 15 0 35 1 00", A DISTANCE OF 802.34 FEET; THENCE NORTH
24 0 45 p45" WEST (RECORD NORTH 25°25 1 30" WEST), TANGENT TO SAID
CURVE, A DISTANCE OF 1,100.05 FEET TO THE BEGINNING OF A TANGENT
CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 3,050.00 FEET;
THENCE NORTHWESTERLY AND NORTHERLY ALONG THE ARC OF SAID CURVE,
THROUGH A CENTRAL ANGLE OF 15°38 1 30", A DISTANCE OF 832.77 FEET;
PAGE 9
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ORDER NO. 1046947-15
THENCE NORTH 9 0 07 1 15-1 WEST (RECORD NORTH 9°22' WEST), TANGENT TO
SAID CURVE, A DISTANCE OF 754.26 FEET TO A POINT THAT IS 50.00
FEET WESTERLY, MEASURED AT RIGHT ANGLES, FROM ENGINEER'S STATION
382 PLUS 00 IN THE CENTER LINE OF SAID COUNTY ROAD SURVEY NO. 862
(108 PLUS 00 R.S. 1800-1).
AN AGREEMENT REGARDING JOINT USE OF SAID EASEMENT, DATED
AUGUST 27, 1982, UPON THE TERMS, COVENANTS, AND CONDITIONS
CONTAINED THEREIN.
EXECUTED BY AND BETWEEN: SAN DIEGO GAS AND ELECTRIC COMPANY
AND LEUCADIA COUNTY WATER DISTRICT.
RECORDED: SEPTEMBER 3, 1982 AS FILE NO. 82-274498 OF OFFICIAL
RECORDS.
14. AN EASEMENT FOR POLES, WIRES AND ANCHORS FOR THE TRANSMISSION AND
DISTRIBUTION OF ELECTRICITY AND INCIDENTAL PURPOSES IN FAVOR OF
SAN DIEGO GAS AND ELECTRIC COMPANY, RECORDED OCTOBER 17, 1961 AS
FILE NO. 180011 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
THAT CERTAIN STRIP OF LAND 12.0 FEET IN WIDTH, BEING 6.0 FEET,
MEASURED AT RIGHT ANGLES, ON EACH SIDE OF THE FOLLOWING DESCRIBED
CENTER LINE:
BEGINNING AT A POINT ON THE NORTHERLY LINE OF LOT 3 IN SECTION 2,
WHICH SAID POINT BEARS SOUTH 89 0 53'15" EAST, 1,210.42 FEET FROM A
2-INCH CAPPED PIPE IN A ROCK MOUND MARKING THE SOUTH QUARTER
CORNER OF SECTION 35, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN
BERNARDINO BASE AND MERIDIAN; THENCE FROM SAID POINT OF
BEGINNING, SOUTH 18 0 09 1 08". EAST, 27.87 FEET; THENCE SOUTH
12°27 1 08" EAST, 299.93 FEET; THENCE SOUTH 9 0 25 1 53" EAST, 300.78
FEET; THENCE SOUTH 13°50'38" EAST, 300.22 FEET TO A POINT
HEREINAFTER KNOWN AND DESIGNATED AS POINT "A"; THENCE SOUTH
22 0 09 1 53" EAST, 299.72 FEET TO A POINT HEREINAFTER KNOWN AND
DESIGNATED AS POINT "B"; THENCE SOUTH 31 0 03 1 23" EAST, 300.14 FEET
TO A POINT HEREINAFTER KNOWN AND DESIGNATED AS POINT "C"; THENCE
SOUTH 36 0 18'08" EAST, 564.09 FEET TO A POINT HEREINAFTER KNOWN
AND DESIGNATED AS POINT "D"; THENCE SOUTH 28 0 00 1 38" EAST, 250.28
FEET TO A POINT HEREINAFTER KNOWN AND DESIGNATED AS POINT "E";
THENCE SOUTH 18 0 52'38" EAST, 256.72 FEET TO A POINT HEREINAFTER
KNOWN AND DESIGNATED AS POINT "F", SAID POINT BEING MORE
PARTICULARLY LOCATED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID RANCHO LAS ENCINITAS;
THENCE NORTH 75 0 45 1 44" EAST ALONG THE NORTHERLY LINE THEREOF, A
DISTANCE OF 0.20 FEET; THENCE SOUTH 20 0 58 1 16" EAST, 58.85 FEET;
THENCE NORTH 72 0 46'44" EAST, 44 FEET TO SAID POINT "F".
ALSO: A RIGHT OF WAY FOR THE HEREINBEFORE DESCRIBED PURPOSES,
OVER AND ACROSS THOSE CERTAIN STRIPS OF LAND 4.0 FEET IN WIDTH,
PAGE 10
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ORDER NO. 1046947-15
BEING 2.0 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER
LINES:
1. BEGINNING AT SAID POINT "A"; THENCE SOUTH 71 0 59'44" WEST,
23.0 FEET.
2. BEGINNING AT SAID POINT "B"; THENCE SOUTH 63 0 23'22" WEST,
22.0 FEET.
3. BEGINNING AT SAID POINT "C"; THENCE SOUTH 56 0 19 1 14" WEST,
23.0 FEET.
4. BEGINNING AT SAID POINT "D"; THENCE NORTH 57 0 50 1 37" EAST,
52.0 FEET.
5. BEGINNING AT SAID POINT "E"; THENCE NORTH 66 0 33 1 22" EAST,
52.0 FEET.
EXCEPTING FROM THE ABOVE DESCRIBED RIGHT OF WAY, ANY PORTION
THEREOF NOT LYING WITHIN THE ABOVE DESCRIBED LANDS OF THE GRANTOR
NAMED THEREIN.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
15. AN EASEMENT FOR POLES, WIRES AND ANCHORS FOR THE TRANSMISSION AND
DISTRIBUTION OF ELECTRICITY AND INCIDENTAL PURPOSES IN FAVOR OF
SAN DIEGO GAS AND ELECTRIC COMPANY, RECORDED OCTOBER 17, 1961 AS
FILE NO. 180018 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
A STRIP OF LAND 12 FEET WIDE, THE CENTER LINE OF WHICH IS
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHERLY LINE OF SAID SOUTHWEST
QUARTER OF THE SOUTHEAST QUARTER OF SECTION 35, DISTANT THEREON
SOUTH 89 0 53 1 15" EAST, 1,210.42 FEET FROM A 2-INCH CAPPED PIPE IN
A ROCK MOUND MARKING THE SOUTH QUARTER CORNER OF SAID SECTION 35;
THENCE FROM SAID POINT OF BEGINNING, NORTH 18°09 1 08" WEST, 264.63
FEET TO A POINT HEREINAFTER KNOWN AND DESIGNATED AS POINT "A";
THENCE NORTH 23 0 37 1 08" WEST, 300.02 FEET TO A POINT HEREINAFTER
KNOWN AND DESIGNATED AS POINT "B"; THENCE NORTH 25 0 02 1 08" WEST,
992.29 FEET TO A POINT HEREINAFTER KNOWN AND DESIGNATED AS POINT
"C"; THENCE NORTH 21 0 46 1 08" WEST, 370.17 FEET TO A POINT
HEREINAFTER KNOWN AND DESIGNATED AS POINT "D"; THENCE NORTH
51°13 1 52" EAST, 686.22 FEET TO A POINT HEREINAFTER KNOWN AND
DESIGNATED AS POINT "E", WHICH SAID POINT "E" BEARS SOUTH
3 0 42 1 11" WEST, 449.74 FEET FROM THE CORNER COMMON TO LOTS 6, 9,
14 AND 15 IN SAID SECTION 35.
ALSO: BEGINNING AT SAID POINT OF BEGINNING; THENCE SOUTH
18 0 09'08" EAST, 27.87 FEET TO A POINT HEREINAFTER KNOWN AND
PAGE 11
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ORDER NO. 1046947-15
DESIGNATED AS POINT "F"; THENCE SOUTH 12 0 27 1'08" EAST, 299.93 FEET
TO A POINT HEREINAFTER KNOWN AND DESIGNATED AS POINT "G"; THENCE
SOUTH 9°25'53" EAST, 300.78 FEET TO A POINT HEREINAFTER KNOWN AND
DESIGNATED AS POINT "H"; THENCE SOUTH 13 0 50 1 38" EAST, 300.22
FEET; THENCE SOUTH 22 0 09 1 53" EAST, 299.72 FEET; THENCE SOUTH
31°03 1 23" EAST, 300.14 FEET; THENCE SOUTH 35 0 20 1 38" EAST, 299.89
FEET; THENCE SOUTH 20 0 58 1 16" EAST, 693.12 FEET TO A POINT ON THE
NORTHERLY LINE OF RANCHO LAS ENCINITAS, ACCORDING TO MAP THEREOF
NO. 848, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO
COUNTY, DISTANT THEREON NORTH 75 0 45 1 44" EAST, 0.20 FEET FROM THE
NORTHWEST CORNER THEREOF.
ALSO: A RIGHT OF WAY FOR THE HEREINBEFORE DESCRIBED PURPOSES
OVER AND ACROSS THOSE CERTAIN STRIPS OF LAND 4.0 FEET IN WIDTH,
BEING 2.0 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER
LINES:
1. BEGINNING AT SAID POINT "A"; THENCE NORTH 69 0 06 1 58" EAST,
52.0 FEET.
2. BEGINNING AT SAID POINT "B"; THENCE NORTH 65 0 40 1 22" EAST,
52.0 FEET.
3. BEGINNING AT SAID POINT "C"; THENCE SOUTH 66 0 35 1 52" WEST,
23.0 FEET.
4. BEGINNING AT SAID POINT "D"; THENCE SOUTH 51 0 13'52" WEST,
23.0 FEET.
5. BEGINNING AT SAID POINT "E"; THENCE NORTH 51 0 13 1 52" EAST,
25.0 FEET.
6. BEGINNING AT SAID POINT "F"; THENCE NORTH 74 0 41 1 52" EAST,
52.0 FEET.
7. BEGINNING AT SAID POINT "G"; THENCE NORTH 79 0 03 1 30" EAST,
52.0 FEET.
8. BEGINNING AT SAID POINT "H"; THENCE SOUTH 78 0 21 1 45" WEST,
23.0 FEET.
EXCEPTING FROM THE ABOVE DESCRIBED RIGHT OF WAY, ANY. PORTION
THEREOF NOT LYING WITHIN THE ABOVE DESCRIBED LANDS OF THE GRANTOR
NAMED THEREIN.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
PAGE 12
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:?
•' 2 ORDER NO 1046947-15
16. AN EASEMENT FOR A SEWER PIPELINE OR PIPELINES AND INCIDENTAL
PURPOSES IN FAVOR OF LEUCADIA COUNTY WATER DISTRICT, A POLITICAL
SUBDIVISION, RECORDED OCTOBER 7, 1963 AS FILE NO. 178460 OF
OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
A STRIP OF LAND 10 FEET WIDE, THE CENTER LINE OF SAID 10 FOOT
STRIP BEING DESCRIBED AS FOLLOWS:
BEGINNING AT ENGINEER'S STATION 419 PLUS 77.72 B.C., ON THE
CENTER LINE OF THE 60 FOOT RIGHT OF WAY FOR A COUNTY ROAD KNOWN
AS ROAD SURVEY NO. 682, ACCORDING TO MAP THEREOF ON FILE IN THE
OFFICE OF COUNTY SURVEYOR OF SAN DIEGO COUNTY, SAID CENTER LINE
BEARING NORTH 9 0 25 1 30" WEST FROM SAID POINT; THENCE SOUTH
29°50 1 33" WEST, 122.31 FEET; THENCE SOUTH 14 0 11'0l" EAST, 500
FEET; THENCE SOUTH 26 0 56'01 EAST, 527 FEET; THENCE SOUTH
48°21'0l" EAST, 360 FEET; THENCE SOUTH 30 0 44'41" EAST, 641.72
FEET TO ENGINEER'S STATION 440 PLUS 58.52 ON SAID CENTER LINE OF
ROAD SURVEY NO. 682. -
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
17. AN EASEMENT FOR POLES, WIRES AND ANCHORS FOR THE TRANSMISSION AND
DISTRIBUTION OF ELECTRICITY AND INCIDENTAL PURPOSES IN FAVOR OF
SAN DIEGO GAS AND ELECTRIC COMPANY, RECORDED OCTOBER 20, 1965 AS
FILE NO. 190722 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
A STRIP OF LAND 12 FEET IN WIDTH, THE CENTER LINE BEING DESCRIBED
AS FOLLOWS:
COMMENCING AT THE MOST WESTERLY CORNER OF SAID RANCHO LAS
ENCINITAS; THENCE SOUTH 21 0 12 1 00 11 EAST ALONG THE SOUTHWESTERLY
LINE THEREOF, A DISTANCE OF 376.10 FEET TO THE TRUE POINT OF
BEGINNING OF THE CENTER LINE OF RIGHT OF WAY HEREIN DESCRIBED;
THENCE FROM SAID TRUE POINT OF BEGINNING, NORTH 3°50 1 30" WEST,
325.30 FEET TO AN INTERSECTION WITH THE CENTER LINE OF THAT
CERTAIN RIGHT OF WAY GRANTED TO SAN DIEGO GAS AND ELECTRIC
COMPANY, A CORPORATION, RECORDED DECEMBER 23, 1948 IN BOOK 3059,
PAGE 321 OF OFFICIAL RECORDS OF SAID COUNTY OF SAN DIEGO.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
18. AN EASEMENT FOR PUBLIC ROAD AND INCIDENTAL PURPOSES IN FAVOR OF
THE COUNTY OF SAN DIEGO, RECORDED NOVEMBER 15, 1966 AS FILE NO.
180730 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
A STRIP OF LAND 60 FEET IN WIDTH, 30 FEET ON EACH SIDE OF THE
FOLLOWING DESCRIBED CENTER LINE:
COMMENCING AT AN ANGLE POINT IN THE NORTHEASTERLY BOUNDARY OF
LAND DESCRIBED IN DEED TO THE STATE OF CALIFORNIA, RECORDED
PAGE 13
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ORDER NO. 1046947-15
APRIL 6, 1965 AS FILE NO. 60313 OF OFFICIAL RECORDS, IN THE
OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, SAID ANGLE POINT
BEING MARKED BY A 1-1/2 INCH PIPE TAGGED "DIV. HWYS.", BEING AT
COORDINATES Y EQUALS 335,887.14 FEET AND X EQUALS 1,680,010.83
FEET; THENCE ALONG BEARINGS AND DISTANCES BASED ON THE CALIFORNIA
COORDINATE SYSTEM GRID ZONE VI, AS FOLLOWS:
SOUTH 28 0 40'06" EAST ALONG SAID NORTHEASTERLY BOUNDARY LINE AND
THE PROLONGATION THEREOF, 90.00 FEET TO THE TRUE POINT OF
BEGINNING, SAID POINT HAVING GRID COORDINATES N EQUALS
335,808.173 AND E EQUALS 1,680,053.206 OF SAID GRID ZONE VI;
THENCE NORTH 61 0 19 1 54" EAST, 24.37 FEET TO THE BEGINNING OF A
TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 4,850 FEET; THENCE
NORTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF
3 0 34 1 25 11 , A DISTANCE OF 302.50 FEET; THENCE TANGENT TO SAID CURVE
NORTH 57 0 45 1 29" EAST, 405.52 FEET TO THE BEGINNING OF A TANGENT
CURVE TO THE RIGHT, HAVING A RADIUS OF 1,400 FEET; THENCE
EASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 15°13 1 25 11 ,
A DISTANCE OF 371.98 FEET; THENCE TANGENT TO SAID CURVE NORTH
72 0 58 1 54" EAST, 418.15 FEET TO THE BEGINNING OF A TANGENT CURVE
TO THE RIGHT, HAVING A RADIUS OF 1,400 FEET; THENCE NORTHEASTERLY
ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 18°11'59 11 , A
DISTANCE OF 444.70 FEET; THENCE TANGENT TO SAID CURVE SOUTH
88 0 49 1 07" EAST, 1,443.17 FEET TO THE BEGINNING OF A TANGENT CURVE
TO THE LEFT, HAVING A RADIUS OF 1,400 FEET; THENCE EASTERLY ALONG
SAID CURVE, THROUGH A CENTRAL ANGLE OF 12 0 35 1 05 11 , A DISTANCE OF
307.50 FEET; THENCE TANGENT TO SAID CURVE NORTH 78 0 35 1 48" EAST,
870.32 FEET TO THE POINT OF BEGINNING OF A TANGENT CURVE TO THE
RIGHT, HAVING A RADIUS OF 1,700 FEET, SAID POINT BEING ENGINEER'S
STATION 89 PLUS 6.70 B.C., IN THE CENTER LINE OF ROAD SURVEY NO.
1796-65, ON FILE IN THE OFFICE OF COUNTY SURVEYOR OF SAN DIEGO
COUNTY AS SHOWN ON SHEET 4 OF SAID SURVEY; THENCE EASTERLY AND
SOUTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF
40 0 22 1 26 11 , A DISTANCE OF 1,197.92 FEET; THENCE TANGENT TO SAID
CURVE SOUTH 61 0 01 1 46" EAST, 1,297.68 FEET TO THE POINT OF
BEGINNING OF A TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF
1,500 FEET, SAID POINT BEING ENGINEER'S STATION 114 PLUS 57.30
B.C. IN THE CENTER LINE OF ROAD SURVEY NO. 1796-65; THENCE
SOUTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF
34°11'14", A DISTANCE OF 895.02 FEET; THENCE TANGENT TO SAID
CURVE NORTH 84 0 47 1 00" EAST, 689.81 FEET TO A POINT ON THE CENTER
LINE OF ROAD SURVEY NO. 682, A PLAT OF WHICH IS ON FILE IN SAID
OFFICE OF THE COUNTY SURVEYOR, SAID POINT BEARING SOUTH 52 0 02 1 49"
EAST, 558.81 FEET FROM THE EASTERLY TERMINUS OF THE COMMON
BOUNDARY LINE BETWEEN LOTS 7 AND 16 OF SECTION 35, TOWNSHIP 12
SOUTH, RANGE 4 WEST, SAID CENTER LINE POINT ALSO HAVING GRID
COORDINATES N EQUALS 335,770.646 AND E EQUALS 1,688,300.279 OF
SAID ZONE VI.
PAGE 14
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ORDER NO. 1046947-15
SAID INSTRUMENT ALSO GRANTS THE PRIVILEGE AND RIGHT TO EXTEND AND
MAINTAIN DRAINAGE STRUCTURES AND EXCAVATION AND EMBANKMENT SLOPES
BEYOND THE LIMITS OF SAID RIGHT OF WAY WHERE REQUIRED FOR THE
CONSTRUCTION AND MAINTENANCE THEREOF.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
19. AN EASEMENT FOR A LINE OF POLES WITH WIRES FOR THE TRANSMISSION
AND DISTRIBUTION OF ELECTRICITY, TOGETHER WITH THE RIGHT OF
INGRESS THERETO, EGRESS THEREFROM AND INCIDENTAL PURPOSES IN
FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY, RECORDED JANUARY 16,
1967 AS FILE NO. 6083 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
LOT 9 IN SECTION 35, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN
BERNARDINO BASE AND MERIDIAN, EXCEPTING THEREFROM THAT PORTION
DESCRIBED IN A DEED RECORDED DECEMBER 18, 1962 AS FILE NO. 215100
OF OFFICIAL RECORDS OF SAID COUNTY SAN DIEGO.
SAID EASEMENT SHALL BE 12.00 FEET IN WIDTH, BEING 6.00 FEET,
MEASURED AT RIGHT ANGLES, ON EACH SIDE OF THE FOLLOWING DESCRIBED
CENTER LINE:
COMMENCING AT ENGINEER'S STATION 397+73.25 ON THE CENTER LINE OF
ROAD SURVEY NO. 682 (EL CANINO REAL), FILED IN THE OFFICE OF THE
COUNTY ENGINEER OF SAID COUNTY OF SAN DIEGO, SAID ENGINEER'S
STATION BEARS NORTH 24 0 24 1 48" WEST (RECORD NORTH 25°00 1 30" WEST)
FROM ENGINEER'S STATION 405+00.00 OF SAID ROAD SURVEY, SAID
ENGINEER'S STATION 397+73.25 BEING THE BEGINNING OF A TANGENT
CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 3,000.00 FEET;
THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE OF .7 0 03 1 58", A DISTANCE OF 369.98 FEET; THENCE
LEAVING SAID CENTER LINE, SOUTH 84°47'01" WEST, A DISTANCE OF
59.20 FEET; THENCE NORTH 25 0 35 1 00" WEST, A DISTANCE OF 58.50 FEET
TO THE TRUE POINT OF BEGINNING OF THE CENTER LINE OF RIGHT OF WAY
HEREIN DESCRIBED; THENCE FROM SAID TRUE POINT OF BEGINNING, SOUTH
25°35 1 00" EAST, A DISTANCE OF 462.30 FEET.
ALSO: BEGINNING AT THE ABOVE DESCRIBED TRUE POINT OF BEGINNING;
THENCE NORTH 89 0 56 1 00" EAST TO THE EASTERLY LINE OF THE ABOVE
DESCRIBED PROPERTY, BEING A DISTANCE OF 70 FEET, MORE OR LESS.
ALSO: WITHIN THOSE CERTAIN 4.00 FOOT STRIPS OF LAND, BEING 2.00
FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINES:
1. BEGINNING AT THE ABOVE DESCRIBED TRUE POINT OF BEGINNING;
THENCE NORTH 5 0 52 1 00" WEST, A DISTANCE OF 21.00 FEET.
2. BEGINNING AT THE ABOVE DESCRIBED TRUE POINT OF BEGINNING;
THENCE SOUTH 78 0 15 1 00h1 WEST, A DISTANCE OF 21.00 FEET.
PAGE 15
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ORDER NO. 1046947-15
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
20. THE PRIVILEGE AND RIGHT TO EXTEND DRAINAGE STRUCTURES, EXCAVATION
AND EMBANKMENT SLOPES BEYOND THE LIMITS OF ROAD SURVEY NO.
1800-1, WHERE REQUIRED FOR THE CONSTRUCTION AND MAINTENANCE OF
SAID ROAD AS GRANTED IN DEED RECORDED NOVEMBER 28, 1969 AS FILE
NOS. 217326 AND 217327, BOTH OF OFFICIAL RECORDS.
SAID INSTRUMENT, AMONG OTHER THINGS, PROVIDES THE FOLLOWING:
RESERVING UNTO THE GRANTORS HEREIN, THEIR HEIRS OR ASSIGNS, THE
RIGHT AT ANY TIME TO REMOVE SUCH SLOPES OR PORTIONS THEREIN
DESCRIBED IN PARCELS 67080-E, 67080-F AND 67083-D (OF SAID
INSTRUMENT) UPON REMOVING THE NECESSITY FOR MAINTAINING SUCH
SLOPES OR PORTIONS THEREOF, OR UPON PROVIDING IN PLACE THEREOF
OTHER ADEQUATE LATERAL SUPPORT, TOGETHER WITH THE RIGHT TO
RECLAIM ANY PORTION OF THE LAND DESCRIBED THEREIN FOR SAID
DRAINAGE FACILITIES BY PROVIDING IN PLACE THEREOF OTHER ADEQUATE
STRUCTURES.
THE FOREGOING RIGHTS RESERVED UNTO THE GRANTORS MAY BE EXERCISED
EITHER SEPARATELY OR CONCURRENTLY, PROVIDED THAT IN ANY CASE, THE
DESIGN AND CONSTRUCTION THEREOF SHALL BE FIRST APPROVED BY THE
COUNTY ENGINEER OF THE COUNTY OF SAN DIEGO FOR THE PROTECTION AND
SUPPORT OF THE ADJACENT COUNTY HIGHWAY.
21, THE PRIVILEGE AND RIGHT TO EXTEND DRAINAGE STRUCTURES, EXCAVATION
AND EMBANKMENT SLOPES BEYOND THE LIMITS OF ROAD SURVEY NO.
1800-1, WHERE REQUIRED FOR THE CONSTRUCTION AND MAINTENANCE OF
SAID ROAD AS GRANTED IN DEED RECORDED • FEBRUARY 16, 1970 AS FILE
NO. 27777 OF OFFICIAL RECORDS.
22. AN EASEMENT FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY
AND INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO GAS AND ELECTRIC
COMPANY, RECORDED DECEMBER 17, 1974 AS FILE NO. 74-326951 OF
OFFICIAL RECORDS, LOCATED WITHIN A STRIP OF LAND 8 FEET IN WIDTH,
BEING 4 FEET, MEASURED AT RIGHT ANGLES, ON EACH SIDE OF THE
FOLLOWING DESCRIBED CENTER LINE:
COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 9, SAID NORTHWEST
CORNER BEARS NORTH 00 0 01 1 27" WEST FROM THE SOUTHWEST CORNER
THEREOF; THENCE SOUTH 52 0 02 1 49" EAST, 588.81 FEET; THENCE SOUTH
38°38 1 42" WEST, 74.50 FEET; THENCE SOUTH 19 0 44 1 18" EAST, 91.00
FEET TO THE TRUE POINT OF BEGINNING OF THE CENTER LINE HEREIN
DESCRIBED; THENCE FROM SAID TRUE POINT OF BEGINNING, RETRACING
NORTH 19 0 44 1 18" WEST, 71.00 FEET.
ALSO: BEGINNING AT SAID TRUE POINT OF BEGINNING; THENCE SOUTH
23°16 1 18" EAST, 121.00 FEET.
PAGE 16
0
ORDER NO. 1046947-15
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
23. AN EASEMENT FOR A PIPELINE OR PIPELINES AND INCIDENTAL PURPOSES
IN FAVOR OF OLIVENHAIN MUNICIPAL WATER DISTRICT, RECORDED
JULY 22, 1975 AS FILE NO. 75-189465 OF OFFICIAL RECORDS, LOCATED
WITHIN A STRIP OF LAND 30 FEET OF EVEN WIDTH, THE CENTER LINE
BEING DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWESTERLY TERMINUS OF THAT CERTAIN COURSE
IN THE CENTER LINE OF COUNTY ROAD SURVEY NO. 1800-1, WHICH IS
DESIGNATED IN THE DEED TO THE COUNTY OF SAN DIEGO RECORDED
NOVEMBER 28, 1969 AS FILE NO. 217326 OF OFFICIAL RECORDS AS
"NORTH 36 0 17 1 34" WEST 292.24 FEET"; THENCE ALONG SAID COURSE,
SOUTH 36 0 15 1 35" EAST (RECORD SOUTH 36°17 1 34" EAST), 187.45 FEET
TO THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED CENTER
LINE; THENCE SOUTH 54 0 29 1 55" WEST TO THE WESTERLY BOUNDARY OF
LAND DESCRIBED AS FOLLOWS:
COMMENCING AT THE QUARTER SECTION CORNER OF SECTION 2, TOWNSHIP
13 SOUTH, RANGE 4 WEST, ON THE TOWNSHIP LINE AND RUNNING WEST ON
SAID LINE, 270.00 FEET TO A STAKE; THENCE SOUTH 06 0 45 1 00" EAST,
725.00 FEET TO A STAKE; THENCE SOUTH 66 0 15 1 00" WEST, 284.50 FEET
TO A STAKE; THENCE SOUTH 20 0 15 1 00" EAST, 142.00 FEET TO A STAKE;
THENCE SOUTH 32 0 15 1 00" EAST, 158.00 FEET TO THE TRUE POINT OF
BEGINNING; THENCE NORTH 66 0 29'20" EAST, 91.00 FEET TO THE
WESTERLY LINE OF ROAD SURVEY NO. 682, 60.00 FEET WIDE, KNOWN AS
EL CAHINO REAL; THENCE IN A SOUTHERLY DIRECTION ALONG THE
WESTERLY LINE OF SAID ROAD SURVEY NO. 682, TO AN INTERSECTION
WITH THE SOUTHERLY LINE OF LOT 6 OF SAID SECTION 2; THENCE
WESTERLY ALONG SAID SOUTHERLY LINE TO THE SOUTHWEST CORNER OF
SAID LOT 6; THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID LOT
TO AN INTERSECTION WITH A LINE BEARING SOUTH 32 0 15 1 00 11 EAST FROM
THE TRUE POINT OF BEGINNING; THENCE NORTH 32 0 15 1 00" WEST TO THE
TRUE POINT OF BEGINNING.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
24. AN EASEMENT FOR A PIPELINE OR PIPELINES AND INCIDENTAL PURPOSES
IN FAVOR OF OLIVENHAIN MUNICIPAL WATER DISTRICT, RECORDED
JULY 22, 1975 AS FILE NO. 75-189466 OF OFFICIAL RECORDS, LOCATED
WITHIN THAT PORTION OF THE HEREIN DESCRIBED PROPERTY LYING WITHIN
A STRIP OF LAND 30.00 FEET OF EVEN WIDTH, THE CENTER LINE OF SAID
30.00 FOOT WIDE STRIP OF LAND BEING DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWESTERLY TERMINUS OF THAT CERTAIN COURSE
IN THE CENTER LINE OF COUNTY ROAD SURVEY NO. 1800-1, WHICH IS
DESIGNATED IN THE DEED TO THE COUNTY OF SAN DIEGO RECORDED
NOVEMBER 28, 1969 AS FILE NO. 217326 OF OFFICIAL RECORDS AS
"NORTH 36 0 17 1 34" WEST 292.24 FEET"; THENCE ALONG SAID COURSE,
SOUTH 36 0 15 1 35" EAST (RECORD SOUTH 36 0 17 1 34" EAST), 187.45 FEET
PAGE 17
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ORDER NO. 1046947-15
TO THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED CENTER
LINE; THENCE SOUTH 54 0 29'55" WEST, 1,096.45 FEET; THENCE SOUTH
2 0 15 1 44" WEST, 251.98 FEET; THENCE SOUTH 72 0 30 1 30" WEST 847.84
FEET; THENCE SOUTH 76 0 52 1 48" WEST, 786.34 FEET; THENCE NORTH
60 0 05 1 33" WEST, 231.08 FEET TO A POINT ON THE WESTERLY LINE OF
SAID SECTION 2, DISTANT THEREON NORTH 1 0 47 1 58" WEST, 85.75 FEET
FROM THE WEST QUARTER CORNER OF SAID SECTION 2.
TOGETHER WITH THE RIGHT AND PRIVILEGE TO SPILL WATER INTO THE
EXISTING NATURAL DRAINAGE SWALE ON THE LANDS OF THE GRANTOR NAMED
HEREIN, WHICH SAID SWALE DRAINS IN A GENERAL EASTERLY DIRECTION
AND CROSSES THE WESTERLY LINE OF SAID SECTION 2 AT A POINT OF
APPROXIMATELY 140.00 FEET NORTHERLY OF THE WEST QUARTER CORNER OF
SAID SECTION.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
25. NOTE: A CERTIFICATE OF COMPLIANCE AFFECTING THE HEREIN DESCRIBED
PROPERTY WAS RECORDED JUNE 12, 1980 AS FILE NO. 80-188196 OF
OFFICIAL RECORDS.
26. AN EASEMENT FOR SEWER PIPELINE AND INCIDENTAL PURPOSES IN FAVOR
OF LEUCADIA COUNTY WATER DISTRICT, RECORDED JULY 21, 1982 AS FILE
NO. 82-223154 OF OFFICIAL RECORDS, LOCATED WITHIN A PORTION OF
THE NORTH HALF OF SECTION 2, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN
BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, THAT PORTION IS MORE PARTICULARLY DESCRIBED IN A
STRIP OF LAND 20.00 FEET IN WIDTH, 5.00 FEET TO THE EAST AND
15.00 FEET TO THE WEST OF THE FOLLOWING DESCRIBED PIPE ALIGNMENT:
BEGINNING AT THE POINT ON ROAD SURVEY NO. 1800-1, DESIGNATED AS
STATION 100 PLUS 27.02 ON SHEET 10; THENCE NORTH 7 0 00 1 27" WEST,
354.51 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH
3000814811 WEST, 336.34 FEET; THENCE NORTH 47 0 34 1 56" WEST, 359.47
FEET; THENCE NORTH 26 0 21 1 19" WEST, 524.00 FEET; THENCE NORTH
14°ll'Ol" WEST, 494.84 FEET; THENCE NORTH 32 0 43 1 01" EAST, 18 FEET
TO THE INTERSECTION WITH THE WESTERLY RIGHT OF WAY LINE FOR EL
CANINO REAL AS DESCRIBED BY ROAD SURVEY NO. 1800-1, WHICH IS THE
END. THE EASTERLY AND WESTERLY EASEMENT LINES DESCRIBED ABOVE
SHALL BE FORESHORTENED OR LENGTHENED AS REQUIRED TO BEGIN AND END
ON THE WESTERLY RIGHT OF WAY LINE FOR EL CAMINO REAL AS DESCRIBED
BY ROAD SURVEY NO. 1800-1. THIS EASEMENT EXCLUDES ANY PORTION OF
PARCEL NO. 255-011-05.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
PAGE 18
ORDER NO. 1046947-15
27. AN AGREEMENT REGARDING THE PAYMENT OF A PUBLIC FACILITIES FEE,
DATED SEPTEMBER 7, 1983, UPON THE TERMS, COVENANTS, AND
CONDITIONS CONTAINED THEREIN.
EXECUTED BY AND BETWEEN: N. B. HUNT AND W. H. HUNT, AND THE
CITY OF CARLSBAD.
RECORDED: OCTOBER 20, 1983 AS FILE NO. 83-378945 OF OFFICIAL
RECORDS.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
28. THE FACT THAT SAID LAND LIES WITHIN THE "SAN DIEGUITO
REORGANIZATION", AS DISCLOSED BY INSTRUMENT RECORDED SEPTEMBER 5,
1986 AS FILE NO. 86-390249 OF OFFICIAL RECORDS.
29. AN AGREEMENT REGARDING THE PAYMENT OF A PUBLIC FACILITIES FEE,
DATED AUGUST 29, 1986, UPON THE TERMS, COVENANTS, AND CONDITIONS
CONTAINED THEREIN.
EXECUTED BY AND BETWEEN: W. H. HUNT AND N. B. HUNT, AND THE
CITY OF CARLSBAD, A MUNICIPAL
CORPORATION.
RECORDED: NOVEMBER 6, 1986 AS FILE NO. 86-509319 OF OFFICIAL
RECORDS.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
30. THE EFFECT, IF ANY, OF RECORD OF SURVEY MAP NO. 10774, WHICH SETS
FORTH, OR PURPORTS TO SET FORTH, CERTAIN DIMENSIONS AND BEARINGS
OF THE HEREIN DESCRIBED PROPERTY.
31. AN EASEMENT FOR PUBLIC HIGHWAY AND INCIDENTAL PURPOSES IN FAVOR
OF THE CITY OF CARLSBAD, RECORDED JUNE 24, 1987 AS FILE NO.
87-352754 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
PARCEL A
THOSE PORTIONS OF LOT 9, LOT 15 AND THE SOUTHWEST QUARTER OF THE
SOUTHEAST QUARTER, ALL IN SECTION 35, TOWNSHIP 12 SOUTH, RANGE 4
WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT
THEREOF APPROVED OCTOBER 25, 1875, LYING WITHIN A STRIP OF LAND
63 FEET WIDE, THE EASTERLY LINE OF SAID STRIP BEING DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHERLY TERMINUS OF THE CENTER LINE THAT
CERTAIN 90 FOOT STRIP OF LAND HAVING A BEARING OF NORTH 8 0 52 1 13"
WEST, AS DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO RECORDED
NOVEMBER 28, 1969 AS FILE NO. 217326 OF OFFICIAL RECORDS, SAID
POINT BEING THE BEGINNING OF A TANGENT 2,985 FOOT RADIUS CURVE,
CONCAVE WESTERLY; THENCE NORTHERLY ALONG SAID CURVE, THROUGH A
PAGE 19
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ORDER NO. 1046947-15
CENTRAL ANGLE OF 6 0 23 1 14 11 , A DISTANCE OF 332.76 FEET TO A POINT
OF INTERSECTION WITH THE SOUTHERLY LINE OF SAID SECTION 35, BEING
THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID 2,985
FOOT RADIUS CURVE, THROUGH A CENTRAL ANGLE OF 9 0 11 1 40 11 , A
DISTANCE OF 479.01 FEET; THENCE TANGENT TO SAID CURVE NORTH
24°27 1 07" WEST, 990.87 FEET TO THE BEGINNING OF A TANGENT 3,400
FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE NORTHERLY ALONG SAID
CURVE, THROUGH A CENTRAL ANGLE OF 8°06 1 30 11 , A DISTANCE OF 481.15
FEET TO A POINT HEREIN DESIGNATED AS "POINT A"; THENCE CONTINUING
ALONG SAID 3,400 FOOT RADIUS CURVE, THROUGH A CENTRAL ANGLE OF
7 0 33 1 26 11 , A DISTANCE OF 448.45 FEET; THENCE TANGENT TO SAID CURVE
NORTH 8 0 47 1 11" WEST, 433.00 FEET, MORE OR LESS, TO THE NORTHERLY
LINE OF SAID LOT 15.
THE WESTERLY SIDELINE OF SAID 63 FOOT STRIP OF LAND SHALL BE
SHORTENED TO TERMINATE ON THE SOUTHERLY LINE OF SAID SECTION 35
AND SHALL BE LENGTHENED TO TERMINATE ON THE NORTHERLY LINE OF
SAID LOT 15.
PARCEL B
THOSE PORTIONS OF LOT 9, SECTION 35, TOWNSHIP 12 SOUTH, RANGE 4
WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT
THEREOF APPROVED OCTOBER 25, 1875, LYING WITHIN A STRIP OF LAND
116 FEET WIDE, 58 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED
CENTER LINE:
COMMENCING AT "POINT All DESCRIBED ABOVE, BEING THE POINT OF
INTERSECTION OF THE CENTER LINE OF THE 60 FOOT STRIP OF LAND
DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO RECORDED
NOVEMBER 15, 1966 AS FILE NO. 180730 OF OFFICIAL RECORDS, AND THE
CENTER LINE OF THE 90 FOOT STRIP OF LAND DESCRIBED IN DEED TO THE
COUNTY OF SAN DIEGO RECORDED NOVEMBER 28, 1969 AS FILE NO. 217326
OF OFFICIAL RECORDS, SAID POINT BEING THE TRUE POINT OF
BEGINNING; THENCE SOUTH 84 0 47 1 00" WEST, 466.48 FEET, MORE OR
LESS, TO THE WESTERLY BOUNDARY OF SAID LOT 9.
THE NORTHERLY AND SOUTHERLY SIDELINES OF SAID STRIP OF LAND SHALL
BE LENGTHENED OR SHORTENED TO TERMINATE ON THE WESTERLY LINE OF
SAID LOT 9.
TOGETHER WITH:
THOSE PORTIONS OF LOT 9 LYING WESTERLY OF THE WESTERLY SIDELINE
OF SAID 63 FOOT STRIP OF LAND AND LYING NORTHERLY OF THE
NORTHERLY SIDELINE OF SAID 116 FOOT STRIP OF LAND AND LYING
SOUTHEASTERLY OF A 30 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY,
SAID CURVE BEING TANGENT TO BOTH THE WESTERLY SIDELINE OF SAID 63
PAGE 20
AM I jj . .
0
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• ••
ORDER NO. 1046947-15
FOOT STRIP OF LAND AND THE NORTHERLY SIDELINE OF SAID 116 FOOT
STRIP OF LAND, AND;
THOSE PORTIONS OF LOT 9 LYING WESTERLY OF THE WESTERLY SIDELINE
OF SAID 63 FOOT STRIP OF LAND AND LYING SOUTHERLY OF THE
SOUTHERLY SIDELINE OF SAID 116 FOOT STRIP OF LAND AND LYING
NORTHEASTERLY OF A 30 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY,
SAID CURVE BEING TANGENT TO BOTH THE WESTERLY SIDELINE OF SAID 63
FOOT STRIP OF LAND AND THE SOUTHERLY SIDELINE OF SAID 116 FOOT
STRIP OF LAND.
TOGETHER WITH THE PRIVILEGE AND RIGHT TO EXTEND DRAINAGE
STRUCTURES AND EXCAVATION AND EMBANKMENT SLOPES 30 FEET BEYOND
THE LIMITS OF THE HEREIN DESCRIBED RIGHT OF WAY WHERE REQUIRED
FOR THE CONSTRUCTION AND MAINTENANCE OF SAID PUBLIC HIGHWAY.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
32. NOTICES OF GRADING VIOLATION, DATED JANUARY 4, 1989, EXECUTED BY
THE CITY OF CARLSBAD AND RECORDED JANUARY 18, 1989 AS FILE NOS.
89-027969 THRU 89-027974, INCLUSIVE, ALL OF OFFICIAL RECORDS.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
33. THE REQUIREMENT THAT THIS COMPANY BE FURNISHED A COPY OF THE
PARTNERSHIP AGREEMENT REFERRED TO IN THE VESTING HEREIN AND ANY
AMENDMENTS THERETO.
34. THE TERMS, COVENANTS, AND PROVISIONS OF THE • PARTNERSHIP REFERRED
TO IN THE VESTING HEREIN, AND THE EFFECT OF ANY FAILURE TO COMPLY
WITH SUCH TERMS, COVENANTS AND PROVISIONS.
35. THE REQUIREMENT THAT A REGISTRATION FOR A FOREIGN LIMITED
PARTNERSHIP (FORM LP-5) BE FILED IN THE OFFICE OF THE SECRETARY
OF STATE OF THE STATE OF CALIFORNIA, AND A CERTIFIED COPY THEREOF
BE RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY.
PAGE 21
T7TT:
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0 -
ORDER NO. 1046947-15
1991-1992 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:
CODE AREA:
PARCEL NO.:
1ST INSTALLMENT:
2ND INSTALLMENT:
LAND VALUE:
IMPROVEMENTS:
EXEMPT:
CODE AREA:
PARCEL NO.:
1ST INSTALLMENT:
2ND INSTALLMENT:
LAND VALUE:
IMPROVEMENTS:
EXEMPT:
09138
216-122-24
$3,937.26 PAID
$3,937.26 PAID
$639,846.00
$36,414.00
09134
216-122-36
$87.84 PAID
$87.84 PAID
$8,323.00
$-0 -
$-0 -
09135
216-122-37
$4,307.37 PAID
$4,307.37 PAID
$780,300.00
$-0-
09134
255-011-08
$97.53 PAID
$97.53 PAID
$9,363.00
s -U-
09134
255-011-09
$1,650.14 PAID
$1,650.14 PAID
$260,100.00
$-0-
$-0 -
PAGE 22
' 'c •AI
C-.
0
-1
ORDER NO. 1046947-15
1991-1992 TAX INFORMATION:
CODE AREA: 09135
PARCEL NO.: 255-011-10
1ST INSTALLMENT: $50,138.47 PAID
2ND INSTALLMENT: $50,138.47 PAID
LAND VALUE: $9,171,126.00
IMPROVEMENTS:
EXEMPT:
CODE AREA: 09135
PARCEL NO.: 255-011-12
1ST INSTALLMENT: $66.79 PAID
2ND INSTALLMENT: $66.79 PAID
LAND VALUE: $6,242.00
IMPROVEMENTS: $-0—
EXEMPT: $-0—
CODE AREA: 09134
PARCEL NO.: 255-011-13
1ST INSTALLMENT: $273.26 PAID
2ND INSTALLMENT: $273.26 PAID
LAND VALUE: $29,597.00
IMPROVEMENTS: $-0—
EXEMPT:
CODE AREA: 09134
PARCEL NO.: 255-011-14
1ST INSTALLMENT: $55.29 PAID
2ND INSTALLMENT: $55.29 PAID
LAND VALUE: $5,844.00
IMPROVEMENTS:
EXEMPT:
CODE AREA: 09141
PARCEL NO.: 255-021-05
1ST INSTALLMENT: $47.19 PAID
2ND INSTALLMENT: $47.19 PAID
LAND VALUE: $4,161.00
IMPROVEMENTS: $-0—
EXEMPT: $-0—
CODE AREA: 09152
PARCEL NO.: 255-021-06
1ST INSTALLMENT: $9,682.85 PAID
2ND INSTALLMENT: $9,682.85 PAID
LAND VALUE: $1,768,680.00
IMPROVEMENTS:
EXEMPT: $-0-
PAGE 23
ORDER NO. 1046947-15
1991-1992 TAX INFORMATION:
CODE AREA: 09134
PARCEL NO.: 255-021-07
1ST INSTALLMENT: $24.40 PAID
2ND INSTALLMENT: $24.40 PAID
LAND VALUE: $2,080.00
IMPROVEMENTS:
EXEMPT:
CODE AREA: 09135
PARCEL NO.: 255-021-08
1ST INSTALLMENT: $1,713.72 PAID
2ND INSTALLMENT: $1,713.72 PAID
LAND VALUE: $312,120.00
IMPROVEMENTS: $-0--
EXEMPT:
PAGE 24
l
•1•
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ORDER NO. 1046947-15
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
LOT 9 AND THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION
35, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND
MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
TO OFFICIAL PLAT THEREOF.
TOGETHER WITH THAT PORTION OF SECTION 2, TOWNSHIP 13 SOUTH, RANGE 4
WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, TOGETHER
WITH A PORTION OF LOT 1 OF RANCHO LAS ENCINITAS, IN THE COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 848, FILED
IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 27,
1888, DESCRIBED AS A WHOLE AS FOLLOWS:
COMMENCING AT THE NORTH QUARTER SECTION CORNER OF SAID SECTION ON THE
TOWNSHIP LINE AND RUNNING WEST ON SAID LINE, 270.00 FEET TO A STAKE;
THENCE SOUTH 6°45' EAST, 725.00 FEET TO A STAKE; THENCE SOUTH 66 0 15'
WEST, 284.50 FEET TO A STARE; THENCE SOUTH 20 0 15' EAST, 142.00 FEET
TO A STAKE; THENCE SOUTH 32 0 15' EAST, 158.00 FEET TO THE TRUE POINT
OF BEGINNING; THENCE NORTH 66 0 29 1 20" EAST, 91.00 FEET TO THE WESTERLY
LINE OF ROAD SURVEY NO. 682, 60 FEET WIDE, KNOWN AS EL CAHINO REAL;
THENCE IN A SOUTHERLY DIRECTION ALONG THE WESTERLY LINE OF SAID ROAD
SURVEY NO. 682, TO AN INTERSECTION WITH THE SOUTHERLY LINE OF LOT 6
OF SAID SECTION 2; THENCE WESTERLY ALONG SAID SOUTHERLY LINE TO THE
SOUTHWEST CORNER OF SAID LOT 6; THENCE NORTHERLY ALONG THE WESTERLY
LINE OF SAID LOT TO AN INTERSECTION WITH A LINE BEARING SOUTH 32 0 15'
EAST FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 32 0 15' WEST TO
THE TRUE POINT OF BEGINNING.
ALSO TOGETHER WITH LOT 4, THE SOUTHWEST QUARTER OF THE NORTHWEST
QUARTER, THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 2,
TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN,
ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED APRIL 19, 1881,
TOGETHER WITH LOT 3 AND THE SOUTHEAST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 2, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO
BASE AND MERIDIAN, ACCORDING TO UNITED STATES GOVERNMENT SURVEY
APPROVED APRIL 19, 1881, EXCEPTING THEREFROM THAT PORTION THEREOF
CONVEYED BY MAGDALENA BELLER TO FREDERICK PRINDLE BY DEED DATED
MARCH 13, 1895, RECORDED IN BOOK 237, PAGE 335 OF DEEDS, DESCRIBED AS
FOLLOWS:
PAGE 25
•A : i / - . - - ..
ORDER NO. 1046947-15
COMMENCING AT THE NORTH QUARTER SECTION CORNER OF SAID SECTION 2 ON
THE TOWNSHIP LINE AND RUNNING WEST ON SAID LINE, 270 FEET TO A STARE;
THENCE SOUTH 6 0 45' EAST, 725 FEET TO A STAKE; THENCE SOUTH 66 0 15"
WEST, 284-1/2 FEET TO A STAKE; THENCE SOUTH 20 0 15 1 EAST, 142 FEET TO
A STAKE; THENCE SOUTH 32 0 15' EAST, 986 FEET, MORE OR LESS, TO A STARE
INTERSECTION THE NORTH AND SOUTH QUARTER SECTION LINE OF SAID SECTION
2; THENCE NORTH ON SAID QUARTER SECTION LINE, 1,795 FEET, MORE OR
LESS, TO THE PLACE OF BEGINNING.
ALSO TOGETHER WITH THAT PORTION OF THE SOUTH HALF OF SECTION 2,
TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN
THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED
STATES GOVERNMENT SURVEY APPROVED APRIL 19, 1881, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE CONCRETE MONUMENT DESIGNATED THE CENTER OF SAID
SECTION 2; THENCE ALONG THE NORTHERLY LINE OF SAID SOUTH HALF, SOUTH
88°39'20" WEST, 1,259.25 FEET TO THE NORTHWEST CORNER OF THE
NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION; THENCE
ALONG THE WESTERLY LINE THEREOF, SOUTH 4°20'10" EAST, 914.20 FEET;
THENCE PARALLEL WITH SAID NORTHERLY LINE, NORTH 88°39 1 20" EAST TO THE
WESTERLY LINE OF THE LAND DESCRIBED IN PARCEL 67080-B IN DEED TO THE
COUNTY OF SAN DIEGO, RECORDED NOVEMBER 28, 1969 AS FILE NO. 217326 OF
OFFICIAL RECORDS, BEING A POINT IN THE CENTER LINE OF ROAD SURVEY NO.
682; THENCE IN A NORTHERLY DIRECTION ALONG SAID WESTERLY LINE, TO AND
ALONG THE WESTERLY LINE OF THE LAND DESCRIBED IN PARCEL 67080-A OF
SAID DEED, TO THE NORTHERLY LINE OF SAID SOUTH HALF OF SECTION 2;
THENCE ALONG SAID NORTHERLY LINE, SOUTH 88°39 1 20" WEST TO THE POINT
OF BEGINNING.
EXCEPTING THOSE PORTIONS LYING EASTERLY OF THE CENTER LINE OF COUNTY
HIGHWAY KNOWN AS ROAD SURVEY NO. 682 AS DESCRIBED IN DEED TO THE
COUNTY OF SAN DIEGO, RECORDED FEBRUARY 28, 1950 IN BOOK 3518, PAGE
221 OF OFFICIAL RECORDS.
ALSO EXCEPTING ALL THAT PORTION LYING NORTHERLY OF THE CENTER LINE OF
THAT CERTAIN 60 FOOT STRIP AS DESCRIBED IN DEED TO THE COUNTY OF SAN
DIEGO, RECORDED NOVEMBER 15, 1966 AS FILE NO. 180730 OF OFFICIAL
RECORDS, KNOWN AS ROAD SURVEY NO. 1796-66, ON FILE IN THE OFFICE OF
COUNTY SURVEYOR OF SAN DIEGO COUNTY.
ALSO EXCEPTING THAT PORTION LYING WITHIN ROAD SURVEY NO. 1800-1,
DESCRIBED IN DEED TO COUNTY OF SAN DIEGO, RECORDED FEBRUARY 16, 1970
AS FILE NO. 27777 OF OFFICIAL RECORDS, BEING A STRIP OF LAND 90.00
FEET WIDE, THE CENTER LINE OF WHICH IS DESCRIBED AS FOLLOWS:
PAGE 26
1
ORDER NO 1046947-15
BEGINNING AT ENGINEER'S STATION 91 PLUS 44.13 ON THE CENTER LINE OF
ROAD SURVEY NO. 458-66, ENCINITAS BOULEVARD, FORMERLY SAN MARCOS
ROAD, BEING ALSO ENGINEER'S STATION 122 PLUS 91.60, FORMER ROAD
SURVEY NO. 458, PLATS OF SAID SURVEYS BEING FILED IN THE OFFICE OF
THE COUNTY ENGINEER OF SAID COUNTY, AND BEING THE NORTHERLY TERMINUS
OF THE CENTER LINE OF ROAD SURVEY NO. 1802, SAID ENGINEER'S STATION
HAVING COORDINATES N EQUALS 321,386.98 AND E EQUALS 1,690,893.61 OF
THE CALIFORNIA COORDINATE SYSTEM, GRID ZONE 6; THENCE ALONG BEARINGS
AND DISTANCE BASED ON CALIFORNIA COORDINATE SYSTEM, ZONE 6, AS
FOLLOWS:
NORTH 00 0 06 1 44" EAST, 547.32 FEET TO THE BEGINNING OF A TANGENT CURVE
TO THE LEFT, HAVING A RADIUS OF 2,000.00 FEET; THENCE NORTHERLY ALONG
SAID CURVE, THROUGH A CENTRAL ANGLE OF 15°39 1 24", A DISTANCE OF
546.52 FEET; THENCE TANGENT TO SAID CURVE NORTH 15 0 32 1 40" WEST,
2,691.11 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT,
HAVING A RADIUS OF 3,500.00 FEET; THENCE NORTHERLY ALONG SAID CURVE,
THROUGH A CENTRAL ANGLE OF 15°58 1 53 11 , A DISTANCE OF 976.25 FEET;
THENCE TANGENT TO SAID CURVE NORTH 0 0 26 1 13" EAST, 1,014.57 FEET TO
THE BEGINNING OF A TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF
4,000.00 FEET; THENCE NORTHERLY ALONG SAID CURVE, THROUGH A CENTRAL
ANGLE OF 7 6 53 1 44", A DISTANCE OF 551.21 FEET; THENCE TANGENT TO SAID
CURVE NORTH 8 0 19 1 57" EAST, 445.46 FEET TO THE BEGINNING OF A TANGENT
CURVE TO THE LEFT, HAVING A RADIUS OF 5,500.00 FEET; THENCE NORTHERLY
ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 6 0 41 1 44 11 , A DISTANCE OF
642.74 FEET; THENCE TANGENT TO SAID CURVE NORTH 1 0 38 1 13" EAST, 603.21
FEET TO THE BEGINNING OF A TANGENT CURVE TO THE LEFT, HAVING A RADIUS
OF 9,000.00 FEET; THENCE NORTHERLY ALONG SAID CURVE, THROUGH A
CENTRAL ANGLE OF 5 0 24.1 29 11 , A DISTANCE OF 849.47 FEET; THENCE TANGENT
TO SAID CURVE NORTH 3 0 46 1 16" WEST, 1,061.58 FEET TO THE BEGINNING OF
A TANGENT CURVE TO THE. LEFT, HAVING A RADIUS OF 2,000.00 FEET; THENCE
NORTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 32 0 31'18",
A DISTANCE OF 1,135.22 FEET; THENCE TANGENT TO SAID CURVE NORTH
36 0 17 1 34" WEST, 292.44 FEET TO THE BEGINNING OF A TANGENT CURVE TO
THE RIGHT, HAVING A RADIUS OF 2,015.00 FEET; THENCE NORTHWESTERLY
ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 27°25'21 11 , A DISTANCE OF
964.40 FEET.
ALSO EXCEPTING THEREFROM THOSE PORTIONS THEREOF DESCRIBED IN DEED TO
THE COUNTY OF SAN DIEGO, ROAD SURVEY NO. 1800-1, RECORDED
NOVEMBER 28, 1969 AS FILE NO. 217326 OF OFFICIAL RECORDS.
ALSO EXCEPTING THAT PORTION OF SAID LOT 3 LYING EASTERLY OF THE
EASTERLY LINE OF SAID ROAD SURVEY NO. 1800-1.
ALSO EXCEPTING THEREFROM THAT PORTION, IF ANY, LYING WITHIN RECORD
OF SURVEY MAP NO. 10774, IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, OCTOBER 30 1986 AS FILE NO. 86-494180
OF OFFICIAL RECORDS.
PAGE 27
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LS 222. 372 - ROS 6269, 7624
S HILLSIDE DEVELOPMENT PERMIT
OR
HILLSIDE DEVELOPMENT PERMIT AMENDMENT
INFORMATION SHEET
GENERAL INFORMATION
This sheet generally explains how your Hillside Development Permit (HDP) will be processed. If
you have any questions after reading this, please call the Planning Department at 438-1161 or
review Chapter 21.95 of the Carlsbad Municipal Code and the Hillside Development Guidelines.
When a Hillside Development Permit is-needed:
A Hillside Development Permit (HDP) is required when development is proposed on land with a
slope gradient of 15% or greater and a slope height of greater than 15 feet. Development means
building, grading, subdivision or other modification of a hillside area.
It is highly recommended that you, as an applicant: 1) review Chapter 21.95 and Chapter 11.06 of
the Carlsbad Municipal Code (The Hillside Ordinance, Excavation and Grading); and 2) discuss the
Hillside Development with a City Planner before submitting an application for a Hillside
Development Permit. The Hillside Development Permit should be submitted concurrently with any
permit or application for development of a Hillside area.
How your Hillside Development will be Processed
Generally the steps involved in reviewing your Hillside Development Permit application are as
follows:
1. A Hillside Development Permit application is submitted to the Planning Department
at 2075 Las Palmas Drive. The application must be submitted with and reference
any other permit application such as a building or grading permit, tentative map,
etc. All maps submitted shall be folded to 81/20 i 11. Information items required:
a. A completed Land Use Review Application Form.
b. Five (5) copies of the slope analysis - Include north arrow and scale (see
Section 21.95.020 of Carlsbad's Municipal Code). The slope analysis should
be the same scale as the site plan and grading plan.
Acres %
Identify slopes (1) 0 to less than 15% slope 0 0
(2) 15% to less than 25% slope 0 0
(3) 25% to less than 40% slope 0 0
(4) 40% or greater slopes 0 0
Indicate the acreage of land in each slope category TOTAL 100%
FRM00011 10192
V Page 1 of 5
% Slo= Vertical Distance x 100
Horizontal Distance
(Distance between contour intervals)
Five (5) copies of the slope profile(s) - Include vertical and horizontal scale.
VI/
A minimum of three (3) slope profiles (slope cross sections) shall be
provided and indexed on the constraints map. See Section 21.95.020(b) of
the Carlsbad Municipal Code for additional requirements.
d. Assurance of slope analysis and slope profile accuracy. Both the slope
analysis and slope profiles shall be stamped and signed by either a registered
landscape architect, civil engineer or land surveyor indicating the datum,
source and scale of topographic data used in the slope analysis and slope
profiles, and attesting to the fact that the slope analysis and slope profiles
have been accurately calculated and identified.
e. Five (5) copies of a preliminary landscape plan on a 24" x 36" sheet(s)
folded to 8 1/2" x 11" size. The scale should be consistent with all other
exhibits. Each landscape plan shall contain the following information:
(1) Landscape zones per the City of Carlsbad Landscape Manual.
(2) Typical plant species, quantity of each species, and their size for each
planting zone in a legend. (Use symbols).
(3) An estimate of the yearly amount of irrigation (supplemental) water
required to maintain each zone.
(4) Landscape maintenance responsibility (private or common) for all
areas.
(5) Percent of site used for landscaping.
(6) Water Conservation Plan.
f. Show with a site plan, grading plan, landscape plan, and building plans and
elevations how development fulfills the following Hillside Development and
Design Standards (21.95.060). Submit five (5) sets of each plan.
(1) Coastal Zone Requirement (if applicable).
(2) Contour grading.
(3) Area or extent of grading. To define the area or extent of grading,
the area in acres, of both cut excavation and fill areas shall be
calculated. This calculation shall be noted on the particular cut or
fill area.
(4) Screening graded slopes.
(5) View preservation and enhancement.
(6) Roadway design.
(7) Hillside architecture.
(8) Hilltop architecture
(9) Hillside drainage
(10) Man-made slope height and volume of grading cut or fill. Volume
of earth moved for cuts and fills shall be minimized. The larger
volume of the total cut or total fill volumes divided by the total area
in acres that is cut and filled (that is graded) shall equal the volume
of hillside grading for this chapter. The relative acceptability of
hillside grading volume shall be determined by the following:
FRM00011 10/92 Page 2of5
Gubic Yards of Cut or Fill
rading per Acre of
Cut and Fill Area (in Acres)
Rilive Sensitivity of
Hillside Grading Volume
o - 7,999 Cubic yds./acre Acceptable
8,000 - 10,000 Cubic yds./acre Potentially acceptable
> 10,000 cubic yds./acre Unacceptable
(11) If Sections 21.95.060(c)(2) and 0)(4) of the Carlsbad Municipal
Code are applicable to the proposed project please provide the
written findings required by those sections.
(12) Potential development and design standard modification. If
requesting a modification to the development and design standards
pursuant to Section 21.95.070 provide the necessary findings and
plans required by that section.
g. Environmental Impact Assessment Form (separate fee required).
h. Public Facility agreement: Two (2) copies: One (1) notarized original, and
one (1) reproduced copy. (separate fee required).
1. A completed "disclosure statement".
j. Three (3) copies of a preliminary title report (current within the last six (6)
months).
k. If Hillside Development Permit is not accompanied by any other permit, also
include the following information on slope analysis: location, slope and
width of driveway, building setbacks, location of any retaining walls and
drainage systems.
2. A Planning Department counter person generally checks your application for
completeness. If your application is incomplete, it cannot be accepted. If your
application appears complete, it is accepted.
3. The Hillside Development Permit application is typically reviewed, processed, and
approved concurrent with the first permit or application you may have with the City
for that hillside area.
4. For approval of a Hillside Development Permit the following findings must be made:
a. That hillside conditions and undevelopable areas of the project have been
properly identified.
b. That the development is consistent with the purpose, intent and
requirements of the Hillside Ordinance to:
(1) Assure hillside alteration will not result in substantial damage or
alteration of significant natural resource areas, wildlife habitats or
native vegetation areas;
(2) Preserve the natural appearance of hillsides by assuring that
development density and intensity relates to the slope of the land,
and is compatible with hillside preservation.
FRM00011 10/92 Page 3of5
S
.
(3) Assure proper design is utilized in grading, landscaping, and in the
development of structures and roadways to preserve the natural
appearance of hillsides.
(4) Preserve and enhance a healthful and aesthetically pleasing
environment by assuring that hillside development is pleasing to the
eye, rich in variety, highly identifiable, and reflects the City's cultural
and environmental values.
(5) Assure hillside conditions are properly identified and incorporated
into the planning process.
(6) Implement the intent of the land use and open space/conservation
elements of the Carlsbad General Plan.
(7) Prevent erosion and protect the lagoons from excessive siltation.
(8) Encourage creatively designed hillside development requiring a
minimal amount of grading.
(9) Reduce the intensity of development on hillside areas to ensure all
development that does occur is compatible with the existing
topography.
C. That hillside development is consistent with the Hillside Development and
Design Standards (21.95.60) and substantially conforms to the intent of the
concepts ifiustrated in the Hillside Development Guidelines Manual.
d. That development is consistent with the provisions of Section 21.53.230 and
240 of the Carlsbad Municipal Code.
5. Submit a completed "Project Description/Explanation" sheet.
6. Deposit for Publication of Notices - See Fee Schedule for amount.
FRM00011 10/92 Page 4 of 5
PROJECT NUMBER
1. Land Use Review Application Form
2. Slope Analysis (5 Copies)
3. Slope Profile (5 Copies)
4. Environmental Impact Assessment Form (Separate Fee required)
5. Site Plan, Grading Plans, Preliminary Landscape Plan, Building Plans, Elevations (5 each)
6. Disclosure Statement
7. Title Report (3 Copies)
8. Application Fees. (Planner to include Application Number and Account Number on receipt)
9. PFF Agreement (2 Copies) (Separate Fee Required) The original PFF Agreement with the
application number written in the lower right hand corner and one cov of the title report must be
sent to the City Clerks Office by the Planning Department for review and recordation)
10. Planner to date stamp the application materials and plans. Application materials must be
given to data entry as soon as possible on the same day they are submitted.
DATE SIGNATURE
FRM00011 10/92 Page 5 of 5
Policy No. 21
Effective Date 3/12/90
PLANNING DEPARTMENT
ADMINISTRATIVE POLICY
Fences
DEFINITIONS
I. Fence - A ertical harrier or enclosure constructed of any material which supports
no other load other than its own weight.
2. Wall A solid fence.
3. Retaining Wall - A wall designed to resist the lateral displacement of soil or other
materials; said materials being substantially equal to the height of the wall. The term
"wall" in Section 21.46.130 of the Zone Code and other applicable sections of the
code shall be interpreted to mean retaining walls in addition to solid fences.
4. SaFety Railing - An open fence not to exceed 36" in height. The said openings,
•between the materials of which the fence is constructed must not represent less than
70 percent of the total surface of each five foot linear section when viewed
perpendicular to the face of the fence.
5. The total height of all walls, fences, retaining walls, and combination fence/retaining
walls in a required setback shall not exceed the following limits:
A. In a required front yard setback, the total height shall not exceed 42 inches,
(Example - Two 42 inch retaining walls would not be permitted nor a 42 inch
retaining wall and another 42 inch fence).
B. In a required side and rear yard setback, the total height shall not exceed
6 feet, (Example - A 4 ft. retaining wall and a 5 ft. fence would not be
permitted because the total exceeds 6 Et).
C. Upon approval of the Planning Director, the total height shall not exceed
6 feet in a required street side yard. Otherwise, the total height shall not
exceed 42 inches in a street side yard. (This includes all combinations of
fences and retaining walls).
D. A 36 inch safety railing is required on top of all retaining walls that exceed
a height of 3 feet. The maximum height of the railing shall be 36 inches and
must conform to the definition of a safety railing.
APPROVED BY:
JG:af
.
0
-
CITY OF CARLSBAD
1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CALIFORNIA 92008
438-5621
REC'D FROM -DATE --L/
ACCOUNT NO. DESCRIPTION C-PRMTAMO(O.00
0113 11/13/9. 0001 01 02
Zh
L . _
H,L-c/,2r _i'/
r
eEi;
RECEIPT NO. 16960. TOTAL 3 70/0 100