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HomeMy WebLinkAboutPCD 87-01; LOUIS V. JONES; Planning Commission Determination (PCD)LAND U8PLANNING A PL.ICATIdN; DISCRETIONARY ACTIONS REQUEST Zone Change C General Plan Amendment O Tentative Tract Map 0 Major Planned Unit Development 0 Master Plan 0 Major Redevelopment Permit JMinor Redevelopment Permit 0 Precise Development Plan (check other boxes if appropriate) OSpecific Plan DSite Development Plan onditional Use Permit OVariance - planning Commission Determination [JSpecial Use Permit OStructure Relocation []Major Condominium Permit DCoastal Permit (Portion of Redeve. Area Only) tional sheets if necessary) Expansion of existing automobile dealership including: service and bodyshop stalls, lunch room, restroom, office space, parts storage, and proposed future showroom and offices. See attached "Exhibit A", consisting of two (2) pages Assessors Parcel Number 211-060-18 C-2 Automobile Dealership Proposed Zone Proposed General Plan Site Acreage C-2 J 4.533 Owner Applicant Name (Print or Type) Name (Print or Type) Louis V. Jones Louis V. Jones Mailing Address Mailing Address 5424 Paseo Del Norte 5424 Paseo Del Norte Carlsbad, CA 92008 438-2000 Carlsbad, CA 92008 438-2000 I CERTIFY THAT I AM THE LEGAL C*ER AND I CERTIFY THAT I AM THE CNER' S REPRESENTATIVE THAT ALL THE ABOVE RiFORMATION IS TRUE AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT '10 THE BEST OF MY KNCLEDGE • AND CORRECT '10 THE BEST OF MY 1N(XLEDGE. SIMAi5 DATE SIGNATURE DATE 3"18 7 J7/5 c-j 7-1- * 0 C I. SPECIFIC REQUIREMENTS General Plan Amendment/Zone Change T. Application Form 2. One -copy of General Requirement Items F-O 3. Reproducible 1:50.0 scale map of subject property showing requested zoning and surrounding zoning and land uses. 4. Fee: General Plan Amendment $765.00 + $5.00 per lot or acre, whichever is higher. Zone Change: $655.00 Master Plan/Specific Plan 1. Application Form 2. General Requirement Items: - fifteen (15) copies of items B-D * - one copy of items E- S 3. Fee: Master Plan $1,635.00 + $5.00 per/acre Specific Plan $1,090.00 Master Plan Amendment: Major $545.00 + 5.00 acre Minor $185.00 + 2.00 acre Specific Plan Amendment: Major $440.00 Minor $ 75.00 Tentative Tract Map 1. Application Form 2. General Requirement Items - fifteen (15) copies of item A * - one copy of items E-5 3. Fee: $530.00 (1-25 lots or units) $765.00 (26-100 lots or units) $1,310.00 (100 + lots or units) Revision: $330.00 (1-25 units or lots) $545.00 (26-100 units or lots) $765.00 (100+ units or lots) $150.00 Revision that does not change design of subdivision Ma -br Planned Development (5 or more units) 1 Application Form 2. General Requirement Items: - fifteen (15) copies of items B-D * - one copy of items E-S 3. Conversion to Condominiums - list of names and addresses of all tenants of the project, proof of notification of the tenants 60 days prior to filing tentative map. ADDITIONAL FIFTEEN (15) COPIES TO BE SUBMITTED WHEN ISSUES x CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 438-5621 REC'D FROM I V J ov DATE ACCOUNT NO. DESCRIPTION AMOUNT 4 fC'O-O'/( /o u TOTAL RECEIPT NO. 65715 LJyJ1 - I 0 DISCLOSURE FORM APPLICANT: Louis V. Jones , Individual Name (individual, partnership, joint venture, corporation, syndication) 5424 Paseo Del Norte, Carlsbad, CA 92008 Business address (619) 438-2000 Telephone Number AGENT: Name Business Address Telephone Number MEMBERS: __ Name (individual, partner, joint Home Address venture, corporation, syndication) Business Address Telephone Number Telephone Number Name Home Address Business Address Telephone Number Telephone Number (Attach more sheets if necessary) The applicant is required to apply for Coastal Commission Approval if located in the Coastal Zone. I/ne declare under penalty of perjury that disclosure is true and correct and that it relied upon as being true and correct until the information contained in this will remain true and correct and may be BY Agent, Owner, Partner APPLICANT DISCLOSURE FORM In order to assist the members of the Planning Commission and City Council to avoid possible conflicts of interest, all appli- cants are required to complete this disclosure form at the time of submitting their application. When this form has been com- pleted and signed, the information will be relied upon by them in determining if a conflict may exist, so please ensure that all of the information is completed and accurate. If at anytime before a final action on your application has been rendered, any of the information required by this disclosure changes, an amendment reflecting this change must be filed. If the applicant is an individual, or a partnership (either gen- eral or limited) or a joint venture, please state the full name, address and phone number of each person or individual (including trusts) who own any beneficial interest in the property which is the subject of this application. Should one or more parties to the application be a partnership or joint venture, then please state the full legal name of the partnership or joint venture, its legal address and the name and address of each individual person who is a general and/or limited partner or member of the joint venture. Should one or more of the parties be a privately held corporation (10 shareholders or less) or a real estate syndication, then please indicate the state of incorporation or syndication, corporate number, date of incorporation or syndication, corporate or syndicate address, and the full names and addresses of each individual shareholder or syndicate member. Should the corpor- ation be a publicly held corporation, then state the full name and address of the corporation, the place of its incorporation, number of shareholders, and the name and address of the officers of the corporation. Should you feel that additional information needs to be provided in order to provide a full disclosure, please include it. ; . 1455 B-626645 / £-23836 / EXHIBIT "A" PARCEL As Parcel 1 of Parcel Map No. 8651, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof filed in the Office of the County Recorder of San Diego County, being a Division of Lot 7 of Carlsbad Tract No. 72-3, Map No. 7492, in the City of Carlsbad, County of San Diego, State of California. PARCEL B: A non-exclusive casement appurtenant to Parcel 1 of Parcel Map No. 8651 9 in the City of Carlsbad, County of San Diego, State of California, according to Nap,thereof filed in the Office of the County Recorder, San Diego County, for ingress and agrees over so much of the Southerly 20.00 feet of Parcel 2 of said Map as begins at the Southeastern corner of Parcel 2 and runs Westerly to.its termination in the cul de sac road as shown on said Map. - PARCEL C; A non-exclusive easement appurtenant to Parcel 1 of Parcel Hap No. 8651 0 in the City of Carlsbad, County of San Diego, State of California, according to Map thereof filed in the Office of the Recorder of San Diego County on April 20, 1979, for ingress and egress of the public and the owners and occupants of said Parcel 1 over so much of the cul-de-sac road labeled "(},XIST) Private Road" on said Nap as lies with:n the boundaries of PArcel. 2 of said Map. PARCEL D: An easement to repair and maintain any wall or fence over the Northerly 20.00 feet of Parcel 2 of Parcel Map No. 8651, appurtenant to Parcel 1 of said Parcel Map, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof filed in the Office of the County Recorder of San Diego County. SAFECO 'I - 1456 B-626645 Page 2 PARCEL E: A non—exclusive appurtenant easement for ingress and egress of the public and the owners and occupants of said Parcel 1 of Parcel Map No, 8651, over that portion of Lot 8 of Carlsbad Tract No. 72-3 9 in the City of Carlsbad, County of Sn Diego, State of California, according to Map thereof No. 7492, filed in the Office of the County Recorder of San Diego County, November 30, 1972, described *5 followss Beginning on the Easterly line of Paseo Del Norte, said line being a curve, concave to the East with a radius of 957,00 feet and the line common to Lot 7 and Lot 8, a radial line from the curve at the intersection point bearing North 54'10 114" East, said point being the Southwest corner of Lot 7 and the Northwest corner of Lot 8; thence from said point along the property line common to Lots 7 and 8 North 67'30'38" East, 125.45 feet to a tangent curve to the right with a radius of 100.00 feet; thence along the last said curve through an angle of 2629'08", 46.23 feet; thence tangent to the last said curve South 86Q0 1 14" East, 283.15 feet to the Easterly end of the parcel herein described; thence leaving the said common line Along a curve to the right tangent to a line bearing South 03'59'46" West with a radius of 45.00 feet in a Southerly and Westerly direction through an. angle of 13611 1 14" a distance of 106.96 feet to a tangent curve to the left, concave to the Southwest, with a radius of 20,00 feet; thence along the last said curve through an angle of 46'11 9 14" and a distance of 16.12 feet; thence tangent to the last said curve North 86 0 00 1 14" West, 191.25 feet to a tangent curve to the left, concave to the South with a radius of 75.00 feet; thence along the last said curve through an angle of 26'29 1 08" and a distance of 34.67 feet; thence tangent to the last aai4 curve South 67 0 30 1 38" West, 92.78 feet to a tangent curve to the left, concave to the Southeast, with a radius of 20.00 feet; thence along the last baid curve through an angle of 10628 1 48" a distance of 37.17 ft to the Easterly line of said Plaza Del Norte ,& line radial to said Easterly line bearing North 51'01 1 50" East; thence..along said Easterly line in a Northwesterly direction through an angle of 0308'24" a 4istance of 52.45 feet to the POINT OF BEGIN)INC, I SAFECO 0 I -JAI, Ilk RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: ) CITY OF CARLSBAD. 1200 Elm Avenue Carlsbad, California 92008 Space above this line for Recorder's use Documentary transfer tax: $15.00 Signature of declarant determining tax-firm nape City of Carlsbad Parcel No. AGREEMENT AGREEMENT TO PAY FEES FOR FACILITIES AND IMPROVEMENTS AS REQUIRED BY GROWTH MANAGEMENT SYSTEM This Agreement is made and entered into this first day of December 1986, by and between the City of Carlsbad, California, a Municipal Corporation of the State of California, hereinafter referred to as "City" and Louis V. Jones a Owner-Developer hereinafter referred to as "Developer". RECITALS A. Developer has reouested that the City issue building or other development permits pursuant to the provisions of the Carlsbad Municipal Code for a development located at 5444 Paseo Del Norte in the City of Carlsbad, and referred to as Carlsbad Mitsubishi B. On December 1, 1986 Developer entered into an agreement with the City to pay Public Facilities fees of 2.5 percent of the building permit valuation. A copy of the agreement is on file with the City Clerk and is incorporated by this reference. A Recipient Of The Toyota Touch Presidents Award • 9 • 8 • 6 Louis V. Jones President Toyota—Carlsbad 5424 Paseo Del Norte Carlsbad, CA 92008 (619) 438-2000 r C. This agreement-,--is entered Into pursuant to Section 21.90.030(c) and 21.90.040(b) of the Carlsbad Municipal Code. Developer acknowledges that the agreement to pay the additional or increased fees and to otherwise participate in the construction or financing of construction of public facilities and improvements as specified in this agreement is voluntary but that without this agreement developer would be precluded from obtaining building and other development permits by operation of Section 21.90.030 of the Carlsbad Municipal Code. Developer has chosen to obtain building permits under the provision of Section 21.90.030(c) of the Carlsbad Municipal Code and in consideration of the issuance of building or other development permits, Developer hereby enters into this agreement and waives any rights to challenge such fees. D. Developer recognizes that Section 21.90.050 establishes a local facilities management fee which shall be used to pay the cost of providing facilities and improvements which are identified in the citywide facilities and improvements plan and in the applicable local facilities management plan, but are not paid from other sources. Developer further recognizes that certain other fees, such as traffic impact fees, have been or may be adopted for the area of the City in which the developer's project is located. Developer agrees to pay those fees. NOW, THEREFORE, in consideration of these Recitals and the issuance of building or other development permits by the City; Developer and City agree as follows: -2- 1. That the foregoing recitals are true and correct. 2. That Developer agrees to pay the fees identified by the City Council as necessary to pay for the cost of providing the improvements or facilities which are listed in Sections 21.90.090 and 21.90.110 of the Carlsbad Municipal Code and which are adopted pursuant to Section 21.90.050, or any other provision of Chapter 21.90 of the Carlsbad Municipal Code, or any other provision of law. These fees 'include but are not limited to public facilities fees, traffic impact fees, bridge and thoroughfare fees, park fees, and the fee imposed under Section 21.90.050. Payment shall be due 30 days from the date each fee is established. This agreement applies to fees adopted on or before July 20, 1988 or concurrently with the adoption of the appropriate local facilities management plan, whichever occurs first. Developer hereby waives his right to challenge said fees. Developer further waives any rights to pay the fees referred to herein under protest and that any protest shall immediately subject the project to the provisions of Section 21.90.030(a) of the Carlsbad Municipal Code. 3. Developer agrees to construct, or participate in financing the construction of, public facilities and improvements identified in the citywide facilities and improvements plan or the local facilities management plan to the extent that those facilities or improvements are 'allocated to developer's property or project and are not financed by the fees referenced hereto. 4. Developer agrees to prepare or participate in the preparation, as determined by the City Council, of the local facilities management plan for the zone in which development is located. -3- I 5. City agrees to issue building and other development permits pursuant to the provisions of the Carlsbad Municipal Code Titles 18, 20 and 21 to the extent such permits comply with applicable provisions of law. 6. In the event that the payment required by this agreement is not made when due the City may pursue any remedy, legal or equitable (including those specifically referred to herein), against the Developer and the Developer's successors, heirs, assigns and transferees. Without waiving its rights under this section, City, upon request of Developer, may allow additional time to pay the fee. 7. In addition to the ether remedies available to the City, it is hereby agreed that if Developer does not pay the fees specified by this agreement the City may revoke the building permit for the project or may deny or revoke a Certificate of ccupancy for the project or both upon 15 days written notice to Developer of the revocation or dnial. 8. The City shall notinor shall any officer, employee of the City, be liable or responsible for any loss or damage happening or occuring to Developer or any successor or asign of Developer or to any occupant In Developer's building for'the exercise of any of the remedies provided to the City purusant to this agreement, regardless of the nature of the loss or damage. 9. This agreement and the covenants contained herein shall be binding upon and enure to the benefit of the successors, heirs, assigns and transfereés of Developer and shall run with the real property and create an equitable servitude 'upon the real property. -4- 10. The prevailing party in any 1 dispute between the parties shall have the right to recover fFom the nonprevailing party all costs and attorney's fees expenied in the course of such dispute. 11. Except as otherwise provided herein, all notices required or provided for under this agreement shall be in writing and shall be delivered in person or served by certified mail postage prepaid. Delivery of notices to Developer shall be presumed to have been made on the date of mailing regardless of 1 receipt by Developer. Notices required to be given to Developer shall be addressed as follows: Louis V. Jones 5424 Paseo Del Norte Carlsbad, CA 92008 Notices required to be given to the City shall be addressed as follows: City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 Attn: Community Development Director 11. This agreement shall be recorded and Developer shall pay all costs of recording. IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 1986. DE OPE —5- -* Q-'j SAFECM-- TITLE INSURANCE STATE OF CALIFORNIA U, SS. COUNTY OF San Diego On this the 18 day of December lgJi, before me the undersigned a Notary Public in and for said County and State, personally appeared LC)UiS V. JOiS--- - -------------------------------- FOR NOTARY SEAL OR STAMP -personafty known I. o me or proved to me on e basis 0,£ satisfactory evidence to bethe - OFFICIAL personwhose name subscribed to the within instrument SUSAN L. AMES • and acknowledged that he executed the same. - s NOTARY PUBLIC CALIFORNIA a' PRINCIPAL OFFICE IN CC TY .2 SAN DIEGO COUNTY - Si e My Comns 0, 1990 - g Notary 1) -7 ' p 'I - COUNTY OF SAN DIEGO VERA L. LYLE RECORDER 1600 Pacific Hwy., Rm. 260 P.O. BOX 1750 SAN DIEGO, CALIFORNIA 92112 (714) 236-2695 U, ANNETTE EVANS CHIEF DEPUTY r L.V. Jovs - Pxse 1 "Joe L &-ba4, CA Qaoo Your Check No. 01 01 in the amount of $ Q 1-00 has been received for payment of the following fee(s): Recording $__" Copy $________ Transfer Tax $________ Marriage $________ User $________ Other The, correct amount due is $ '7, ()0 YOUR PERSONAL CHECK HAS BEEN LOWERED TO REFLECT THE CORRECT AMOUNT. Please modify your check records. VERA L. LYLE, RECORDER By: Robeca Castanoda Deputy Recorder 5/80 L. V. JONES TiF1 J7 /flJ' 21c 5424 PAS,O DEL NORTE AR CARLSBAD, CA 02008 izzo ordcro VERA L. LYL!, Countyic SCURITY PACIFIC NATIONAL BANK AMOUNT GUARANTEED TO BE Carlsbad Office0422 / B 645 Elm Ave. _________________ Carlsbad CA 92008 115 002 1011' 41:12 2000 3' 2 2u'0 733 7II'111000000 000111 REORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: ) CITY OF CI\RLSBAD ) 1200 Elm Avenue Carlsbad, California 92008 Space above this line for Recorder's use Documentary transfer tax: $21.00 Signature of declarant determining tax-firm name City of Carlsbad Parcel No. AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this first day of Dec. , 19 86 by and between Louis V. Jones (name of developer-owner) a Deieloper-owner , hereinafter referred to as (Corporation, partnership, etc.) "Developer" whose address is 5424 Paseo Del Norte (street) Carsibad, CA 92008 and THE CITY OF (City, state, zip code) CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "City", whose address is 1200 Elm Avenue, Carlsbad, California, 92008. W I T N E S S E T H: WHEREAS, Developer Is the owner of the real property described on Exhibit "A":, attached hereto and made a part of this agreement, hereinafter referred to as "Property"; and WHEREAS, The Property lies within the boundaries of City; and WHEREAS, Developer proposes a development project as follows: REV 4-22-86 on' said 'Property, which develot carries the proposed name Carlsbad Mitsubishi Expansion and is hereafter referred 'to as "Development"; and WHEREAS, Developer filed on the first day of December 1986 , with the City a request for an addition of-4 4875 sq. ft. which does not include future showrooms and offices. hereinafter referred to as "Request"; and WHEREAS, the Public Facilities Element of the City General Plan requires that the City Council find that all public facilities necessary to serve a development will be available concurrent with need or such development shall not be approved (said element is on file with the City Clerk and is incorporated by this reference); and WHEREAS, Developer and City recognize the correctness of Council Policy No. 17, dated April 22, 1986, on file with the City Clerk and incorporated by this reference, and that the City's public facilities and services are at capacity and will, not be available to accommodate the additional nped for public facilities and services resulting from the propose4 Development; apd WHEREAS, Developer has asked the City to find that public facilities and services will be available to meet the future needs of the Development as it is presently proposed; but the Developer is aware that the City cannot and will not be able to make any such finding without financial assistance to pay for such services and facilities; and therefore, Developer proposes to help satisfy the General Plan as implei nented by Council Policy No. 17 by payment of a public facilities fee. NOW, THEREFORE, in consideration of the recitals and the covenants contained herein, the parties agree as follows: -2- REV 4-22-86 . . 1. Ttie Developer shall pay to the City a public facilities fee in an amount not to exceed 2.5% of the building permit valuation of the building or structures to be constructed in the Development pursuant to the Request. me fee snail be paid prior to the issuance of building or other construction permits for the development and shall be based on the valuation at that time. This fee shall be in addition to any fees, dedications or Improvements required pursuant to Titles 18, 20 or 21 of the Carlsbad Municipal Code. Developer snail pay a fee for conversion of existing building or structures into condominiums in an amount not to exceed 2.5% of the building permit valuation at the time of conversion, The fee for a condominium conversion shall be paid prior to the issuance of a condominium conversion permit as provided in Chapter 21.47 of the Carlsbad Municipal Code. Condominium shall Include community apartment or stock cooperative. The terms "other construction permits" "other construction permit" and "entitlement for use" as used in this agreement, except in reference to mobilehome sites or projects, snail not refer to grading permits or other permits for the construction of underground or street improvements unless po other permit is necessary prior to the use or occupancy for wF1cn the development is intended. Developer shall pay the City a public facilities fee in the sum of $1,150 for each mobilenome space to be constructed pursuant to the Request. The fee shall be paid prior to the issuance of building or other construction permits for the development. This fee shall be In addition to any fees, dedications or improvements required according to Titles 18, 20 or 21 of the Carlsbad Municipal Code. 2. The Developer may offer to donate a site or sites for public facilities in lieu of all or part of the financial obligation agreed upon in Paragraph 1 above. If Developer offers to donate a site or sites for public -3- REV 4-22-86 . . facilities, the City shall consider, but is not obligated to accept the offer. The time for donation and amount of credit against the fee shall be determined by City prior to the issuance of any building or other permits. Such determination, when made, shall become a part of this agreement. Sites donated under this paragraph shall not include Improvements required pursuant to Titles 18 or 20 of the Carlsbad Municipal Code. 3. This agreement and the fee paid pursuant hereto are required to ensure the consistency of the Development With the City's General Plan. If the fee is not paid as provided herein, the City will not have the funds to provide public facilities and services, and the development will not be consistent with the General Plan and any approval or permit for the Development shall be void. No building or other construction permit or entitlement for use shall be Issued until the public facilities fee required by this agreement is paid. 4. City agrees to deposit the fees paid pursuant to this agreement in a public facilities fund for the financing of public facilities when the City Council determines the need exists to provide the facilities and sufficient funds from the payment of this and similar public facilities fees are available. 5. City agrees to provide upon request reasonable assurances to en4ble Developer to comply with any requirements of other public agencies as evidence of adequate public facilities and services sufficient to acomjpdate the neecs of the Development herein described. 6. All obligations hereunder shall terminate in the event the Requests made by Developer are not approved. -4- REV 4-22-86 . 7. Any notice from one party to the other shall be in writing, and shall be dated and signed by the party giving such notice or by a duly authorized representative of such party. Any Such notice shall not be effective for any purpose whatsoever unless served in one of the following manners: 7.1 If notice is given to the City of personal delivery thereof to the City or by depositing same in the United States Mail, addressed to the City at the address set forth herein, enclosed in a sealed envelope, addressed to tne City for attention of the City Manager, postage prepaid and certified. 7.2 If notice is given to Developer by personal delivery thereof to Developer or by depositing the same in the United States Mall, enclosed In a sealed envelope, addressed to Developer at the address as may have been designated, postage prepaid and certified. 8. This agreement snail be binding upon and snail ensure to the benefit of, and shall apply to, the respective successors and assigns of Developer and the City, and references to Developer or City nerein shall be deemed to be reference to and include their respective successors and assigns without specific mention of such successors and assigns. If Developer should cease to have any interest in the Property, all obligations of Developer hereunder shall terminate; provided, however, that any successor of Developer's interest in the property snail have first assumed in writing the Developer's obligations nereunder. 9. This agreement snail be recorded but snail nqt create a lien or security interest in the Property. When the obligations of tflis agreement have been satisfied, City shall record a release. -5- REV 4-22-86 ------------personally known to me or proved to me on the basis of satisfactory evidence to be the person_— whose name_--- subscribed to the within instrument and acknowledged that _he_ executed the same. __ (h Signature of Notary > 0 x U c'J OP a, > C) L() N. C,, -J 0 S . IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. DEVELOPER-OWNER: BY CITY OF CARLSBAD, a municipal corporation of the State of California By MARTIN ORENYAK For F. D. Aleshire, City Manager (Title) ATTEST: ALETHA L. RAUTENKRANZ, City Clerk APPROVED AS TO FORM: VINCENT F. BIONDO, JR., City Attorney C) CL STATE OF CALIFORNIA U) SS. COUNTY OF 00%SMECO # TITLE INSURANCE On this the 18 day of Decextiber 19_86_, before me the undersigned, a Notary Public in and forsaid County and State, personally appeared LOuIS V. Jones----- FOR NOTARY SEAL OR STAMP OFFICIAL SEAL SUSAN L. AMES Amb NOTARY PURLIC. CALIICRNIA PRINCIPAL OP,cE N SAN DIEGO CUUIL My Commisso [xp. Si. 10, iIEi) S EXHIBIT 'A 11 LEGAL DESCRIPTION Parcel 1. of Parcel MAP No. 8651, in the city of Carlsbad, County of San Diego, State of California, according to Map thereof filed in the Office of the County Recorder of San Diego County, being a Division of Lot 7 of Carlsbad Tract No. 72-3, Map No. 7492, in the City of Carlsbad, County of San Diego, State of California, consisting of Parcel A, Parcel B, Parcel C, Parcel D, and Parcel E, more particularly described on the attached sheets as Exhibit "A", consisting of two pages, and made a part hereof. B-626645 E-23836 .. 1455 EXHIBIT "A" PARCEL A: Parcel 1 of Parcel Map No, 8651, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof filed in the Office of the County Recorder of San Diego County, being a Division of Lot 7 of Carlsbad Tract No. 72-3, Map No. 7492, in the City of Carlsbad, County of San Diego, State of California. PARCEL B: A non-exclusive easement appurtenant to Parcel 1 of Parcel Hap No. 8651, In the City of Carlsbad. County of San Diego, State of California, according to Map,thereof filed in the Office of the County Recorder, San Diego County, for ingress and egress over so much of the Southerly 20.00 feet of Parcel 2 of said Hap as begins at the Southeastern corner of Parcel 2 and runs Westerly to.its termination in the cul de sac road as shown on said Map. PARCEL C: A non-exclusive easement appurtenant to Parcel 1 of Parcel Map No, 8651, An the City of carlsbad, Conty of San Diego, State of CalifQrnia, according to Map thereof filed in the Office of the Recorder of San Diego county on April 20, 1979, for ingress and egress of the public and the owners and occupants of said Parcel 1 over so much of the cul-de-sac road labeled "(EXIST) Private Road" on said Map as lies vith:3.n the boundaries of P4rcel 2 of said Map. PARCEL Dz An easement to repair and maintain any wall or fencn over the Northerly 20.00 feet of Parcel 2 of Parcel Map No. 8651, appurtenant to parcel 1 of said Parcel Nap, in the City of Carlsbad, County of San Dieao, State of California, according to Map thereof filed in the Off$c# of the County Recorder of San Diego County. 0) SAFECO 343t) . S . 6 B-626645 Page 2 PARCEL E: A non—exclusive appurtenant easement for ingress and egrèés of the public and the owners and occupants of said Parcel 1 of Parcel Nap No. 8651, over that portion of Lot 8 of Carlsbad Tract No. 72-3, in the -City of Carlsbad, County of Sn Diego,. State of California, according to Map thereof No. 7492, filed in the Office of the County Recorder of San Diego County, November 30, 1972, dascribed as followsi Beginning on the Easterly line of Pueo Del Norte, said line being a curve, concave to the Elat with a radius of 957.00 feet and the line common to Lot 7 and Lot .8, a radial line from the curve at the intersection point bearing North 5410 1 14" East, said point being the Southwest corner of Lot 7 and the Northwest corner of Lot 8; thence from said point along the property line common to Lots 7 and 8 North 6730'38' East, 125.45 feet to a tangent curve to the right with a radius Of 100.00 feet; thence along the last said curve through an angle of 26'29'08", 46.23 feet; thence tangent to the last said curve South 8600 1 14" East, 283.15 feet to the Easterly end of the parcel herein described; thence leaving the said common line along a curve to the right tangent to a line bearing South 03'59'46" West with a radius of 45.00 feet in a Southerly and Westerly direction through an. angle of 13611 0 14" a distance of 106.96 feet to a tangent curve to the left, concave to the Southwest, with a radius of 20.00 feet; thence along the last said curve through an angle of 4611 1 14" and a distance of 16.12 feet; thence tangent to the last said curve North 86 0 00 1 14" West, 191.25 feet to a tangent curve to the left, concave to the South with a radius of 75.00 feet; thence along the last said curve through an angle of 2629 1 08" and a 'distince of 34.67 feet; thence tangent to the last said curve South 6730 1 38" West, 92.78 feet to a tangent curve to the left, concave to the Southeast, with a radius of 20.00 feet; thence along the last said curve th rough an angle of 105'28 1 48" a distance of 37.17 fet to the Easterly linç of said Plaza Del Norte a line radial to said Easterly line bearing North 5101 1 50" East; thence along said Ea8tarly line in a Nor;hwete4y direction through an angle of 0308 1 24" a 4it.ance of 52,45 feet o the POINT OF BEGINNING. k. 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