HomeMy WebLinkAboutSDP 97-25; KELLY CORPORATE CENTER; Site Development Plan (SDP)PROJECT DESCRIPTION:
Kelly Corporate Center
SDP 97-25/ CDP 97-52
This application requests the extension of Site Development Permit 97-25 and
Coastal Development Permit 97-52 which allow the construction of four office
buildings with a total floor area of 250,093 square feet. Two buildings have
already been constructed under these permits, a 72,593 square foot two-story
multi-tenant office building and a 50,398 square foot two-story multi-tenant office
building (currently occupied by U.S. Department of Fish & Wildlife). The two
remaining buildings will be a 50,398 square foot two-story multi-tenant office
building and a 77,300 square foot three-story multi-tenant office building.
Parking spaces will be provided at a ratio of 4 spaces per 1 000 square feet of
building area. The total site area is 25.28 acres.
• •
PROJECT DESCRIPTION/EXPLANATION
PROJECT NAME: Kelly Corporate Center
APPLICANT NAME: Kilroy Realty Corporation
Please describe fully the proposed project by application type. Include any details
necessary to adequately explain the scope and/or operation of the proposed project.
You may also include any background information and supporting statements regarding
the reasons for, or appropriateness of, the application. Use an addendum sheet if
necessary.
Description/Explanation:
Kelly Corporate Center on parc~ls 1, 2, and 3 is a proposed speculative
development. The First phase will be parcel 1 with the construction
of a 74,000 sq. ft. office/industrial building. Phase 2 will follow
with building two, two 50,000 sq. ft. office industrial use and6
building three, a 77,500 sq. ft. office/industrial use. All four
buildings are two story, tilt-up concrete and glass structures •
. The project complies with all zoning, general plan designations,
setbacks, height limits, and coastal zone requirements.
/
Project Description 10/96 Page 1 of 1
5.
r-~ t'f'l-
Have you had morAan $250 worth of business trans~d with any member of
City staff, Boards, ~mmissions, Committees and/or Council within the past twelve
(12) months?
0 Yes ~No If yes, please indicate person(s): __________ _
Person is defined as "Any individual, firm, co-partnership, joint 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 sheets if necessary. (See Attached Signature page)
Signature of owner/date Signature of applicant/date
Print or type name of owner Print or type name of applicant
Disclosure Statement 1 0/96 Page 2 of 2
*'~ 5. . ~;(~ '3
Have you had mar.an $250 worth of business transaed with any member of
City staff, Boards, missions, Committees and/or Ca-l within the past twelve
(12) months?
0 Yes Q9 No If yes, please indicate person(s): __________ _
Person is defined as •Any individual, firm, co-partnership, joint 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 sheets if necessary. (See Attached Signature page)
Signature of owner/date Signature of applicant/date
Print or type name of owner Print or type name of applicant
/
Disclosure Statement 1 0/96 Page 2 of 2
CITY OF CARLSBAD •
GROWTH MANAGEMENT PROGRAM
LOCAL FACILITIES IMPACTS ASSESSMENT FORM
(To be Submitted with Development Application)
PROJECT IDENTITY AND IMP ACT ASSESSMENT:
FILE NAME AND NO: Kelly Corporate Center-SDP 97-25/CDP 97-52
LOCAL FACILITY MANAGEMENT ZONE: 5 GENERAL PLAN: PI, OS. UA. RM
ZONING: P-M-Q. OS. E-A. RD-M-Q
DEVELOPER'S NAME: Kelly Ranch Corporate Center L LLC
ADDRESS: 4365 Executive Drive. Suite 850. San Diego. CA 92121-2130
PHONE NO.: (619) 550-1930 ASSESSOR'S PARCEL NO.: 212-040-35.48. 54. & 55
QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 25.28 ac .. 250.093 sq. ft.
ESTIMATED COMPLETION DATE:
A.
B.
c.
D.
E.
F.
G.
H.
I.
J.
K.
City Administrative Facilities:
Library:
Demand in Square Footage= ;!;..:!N~/ A~----
Demand in Square Footage= ;!;..:!N~/A~-----
Wastewater Treatment Capacity (Calculate with J. Sewer) 139EDU
Park: Demand in Acreage = $.40/sg. ft.
Drainage: Demand in CFS =
Identify Drainage Basin= ~C:....._ ____ _
(Identify master plan facilities on site plan)
Circulation: Demand in ADT =
(Identify Trip Distribution on site plan)
Fire: Served by Fire Station No. =
Open Space: Acreage Provided =
Schools:
(Demands to be determined by staff)
Sewer: Demands in EDU
Identify Sub Basin =
(Identify trunk line(s) impacted on site plan)
Water: Demand in GPD =
5 002
4
NIA
Non-res. school fee
139
30 580
L. The project is not proposing any dwelling units thereby not impacting the Growth
Management Dwelling unit allowance.
UNACCEPTABLE UNACCEPTABLE ACCEPTABLE
Mrs. Jane Smith Mrs. Jane Smith
123 Magnolia Ave.
Apt. #3
MRS JANE SMITH
APT3 123 Magnolia Ave., Apt #3
Carlsbad, CA 92008 123 MAGNOLIA AVE
CARLSBAD CA 92008
@B.
@c.
)(D.
Carlsbad, CA 92008
3. 600' Radius Map: A map to scale not less than 1" = 200' showing each
lot within 600' of exterior boundaries of the subject property. Each of
these lots shall be consecutively numbered and correspond with the
property owners list. The scale of the map may be reduced to a scale
acceptable to the Planning Director if the required scale is impractical.
4. 1 00' Radius Occupants/Address List and Labels: For Coastal Zone
projects/COPs Only. One (1) list of the occupants/addresses located
within a 100' radius of the project site; and two (2) sets of labels (as
described in "A" above) of the addresses within a 100' radius
Photographs: Pictures of the property taken from the north, south, east and
west.
Construction materials b~ard and color samples: ~ exterio~ls,
textured pavement, gl~tc. ~·
Fees and Deposit for Publication of Notices: See Fee Schedule for amount.
IV. SPECIFIC PROJECT REQUIREMENTS
D A.
D B.
For Master Plans and Specific Plans Only:
1. It is strongly recommended the applicant meet with staff before
submitting text and maps for a master plan or specific plan.
2. After staff and the applicant have worked out the details of the master
· plan or specific plan a minimum of twenty (20) bound copies of the
document will be required prior to scheduling the project for a public
hearing.
3. Generally the following information must be included in a Master Plan or
Specific Plan document:
a. Introduction
b. Environmental Constraints
c. Land Use and Development Standards
d. Open Space
e. Public Facilities and Phasing
f. Signage
For Density Bonus Projects:
1. A Jetter signed by the present owner stating what specific incentives are
being requested from the City. For any development standards
• • • • • • • • • • • • • • • • •• • • • • • • • • • • • • • • • • • • • •
Form 1 10/97 Page 7 of 8
-~-~-o-~--~c.
modification or other additional incentive requested, the applicant shall
submit a project pro-forma to demonstrate that the standards modification
or other requested incentive is necessary to make the project
economically feasible.
2. A detailed vicinity map showing the project location and such details as
the location of the nearest commercial retail, transit stop, potential
employment locations, park or recreation facilities or other social or
community service facilities.
3. For condominium conversion requests, a report documenting the
following information for each unit proposed to be converted: the monthly
income of tenants of each unit throughout the prior year, the monthly rent
for each unit throughout the prior year and vacancy information for each
unit throughout the prior year.
4. Identify the number and location of lower income dwelling units.
For Senior Citizen Housing Projects:
1. A letter signed by the present owner stating what specific incentives are
being requested from the City. For any development standards
modification or other additional incentive requested, the applicant shall
submit a project pro-forma to demonstrate that the standards modification
or other requested incentive .is necessary to make the project
economically feasible.
2. A detailed vicinity map showing the project location and such details as
the nearest market, transit stop, park or recreation area, medical facilities
or other related uses or services likely to be patronized by senior citizens.
3. Ten (10) copies of floor plans for each different type of unit indicating a
typically furnished apartment, with dimensions of doorways, hallways,
closets and cabinets.
4. Ten (10) copies of floor plans showing any common areas and
accommodations.
5. Identify the number and location of lower income inclusionary dwelling
units.
6. A plan for monitoring age restrictions for all units and income restrictions
for designated inclusionary units.
• • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • •
Form 1 10/97 Page 8 of 8
. '
41bER NO. 1151504-20
FIRST AMERICAN TITLE INSURANCE COMPANY
411 IVY STREET, SAN DIEGO, CALIFORNIA 92101
P.O. BOX 808, SAN DIEGO, CALIFORNIA 92112 (619} 238-1776
FEBRUARY 11, 1998
ALLEN MATKINS LECK GAMBLE & MALLORY
501 WEST BROADWAY #900
SAN DIEGO, CA. 92101
ATTN: VERNON GAUNTT
YOUR REF : KELLY
OUR ORDER NO. 1151504-20
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
pR 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.
PLEASE READ THE EXCEPTIONS SHOWN OR REFERRED TO BELOW AND THE
EXCEPTIONS AND EXCLUSIONS SET FORTH IN EXHIBIT A OF THIS REPORT
CAREFULLY. THE EXCEPTIONS AND EXCLUSIONS ARE MEANT TO PROVIDE YOU
WITH NOTICE OF MATTERS WHICH ARE NOT COVERED UNDER THE TERMS OF THE
TITLE INSURANCE POLICY AND SHOULD BE CAREFULLY CONSIDERED.
IT IS IMPORTANT TO NOTE THAT THIS PRELIMINARY REPORT IS NOT A WRITTEN
REPRESENTATION AS TO THE CONDITION OF TITLE AND MAY NOT LIST ALL
LIENS, DEFECTS, AND ENCUMBRANCES AFFECTING TITLE TO THE LAND.
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 FEBRUARY 9, 1998 AT 7:30 A.M.
DIRECT DIAL PHONE 231-4605
FAX NO. 231-4629
PAGE 1
•
ORDER NO. 1151504-20
THE FORM OF POLICY TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS:
TO BE DETERMINED
TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN:
RICHARD C. KELLY AND ROBERT PATRICK KELLY, TRUSTEES UNDER DECLARATION
OF TRUST DATED NOVEMBER 25, 1985, TRUST A, FOR THE BENEFIT OF ROBERT
P. KELLY, AS TO AN UNDIVIDED 1/3 INTEREST, RICHARD C. KELLY AND ROBERT
PATRICK KELLY, TRUSTEES UNDER DECLARATION OF TRUST DATED NOVEMBER 25,
1985, TRUST B, FOR THE BENEFIT OF RICHARD C. KELLY, AS TO AN UNDIVIDED
1/3 INTEREST, RICHARD C. KELLY AND ROBERT PATRICK KELLY, TRUSTEES
UNDER DECLARATION OF TRUST DATED NOVEMBER 25, 1985, TRUST C, FOR THE
BENEFIT OF IRENE K. HENDRIKS, AS TO AN UNDIVIDED 1/3 INTEREST,
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 1998-99, A LIEN,
NOT YET PAYABLE.
2. A BOND ISSUED UNDER THE 1915 ACT FOR PALOMAR AIRPORT ROAD,
ASSESSMENT NO. 0000, DISTRICT 86-1, WHICH IS CURRENTLY OR WILL BE
COLLECTED ON THE TAX ROLL. PRINCIPAL BALANCE IS: $581,854.68,
PROVIDED CURRENT TAXES ARE PAID.
THIS IS NOT A PAY-OFF AMOUNT.
IF PAY-OFF IS REQUIRED, THERE WILL BE ADDED FEES, INTEREST AND A
PRE-PAY AMOUNT. A DATE OF PAY-OFF WILL HAVE TO BE PROVIDED BY
YOU; AS INTEREST IS COMPOUNDED DAILY.
PAGE 2
ORDER NO. 1151504-20
PLEASE ALLOW 15 WORKING DAYS, AS A REPORT WILL HAVE TO BE ORDERED
FROM AGENCY CONCERNED.
3. THE LIEN OF SUPPLEMENTAL TAXES OR ASSESSMENTS, IF ANY, ASSESSED
PURSUANT TO CHAPTER 3 . 5 COMMENCING WITH SECTION 7 5 OF THE
CALIFORNIA REVENUE AND TAXATION CODE AND ANY OTHER APPLICABLE
STATUTES OF THE CALIFORNIA REVENUE AND TAXATION CODE.
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. AN EASEMENT FOR PUBLIC ROAD AND INCIDENTAL PURPOSES IN FAVOR OF
SAN DIEGO COUNTY, RECORDED OCTOBER 5, 1899 IN BOOK 280, PAGE 292
OF DEEDS.
THE ROUTE OR LOCATION CANNOT BE DETERMINED FROM SAID INSTRUMENT.
6. AN EASEMENT FOR EITHER OR BOTH POLE LINES, UNDERGROUND CONDUITS
AND INCIDENTAL PURPOSES TOGETHER WITH THE RIGHT OF INGRESS AND
EGRESS IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY BY
INSTRUMENT RECORDED AUGUST 14, 1957 IN BOOK 6706, PAGE 514 OF
OFFICIAL RECORDS.
THE ROUTE OF SAID EASEMENT IS SET OUT IN SAID DOCUMENT AND
AFFECTS A PORTION OF THE HEREIN DESCRIBED PROPERTY.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
7. THE PRIVILEGE AND RIGHT TO EXTEND DRAINAGE STRUCTURES, EXCAVATION
AND EMBANKMENT SLOPES BEYOND THE LIMITS OF ROAD SURVEY NO. 1534
WHERE REQUIRED FOR THE CONSTRUCTION AND MAINTENANCE OF SAID
HIGHWAY AS GRANTED TO THE COUNTY OF SAN DIEGO IN DEED RECORDED
FEBRUARY 16, 1960 AS FILE NO. 31696 OF OFFICIAL RECORDS.
8. THE PRIVILEGE AND RIGHT TO EXTEND DRAINAGE STRUCTURES, EXCAVATION
AND EMBANKMENT SLOPES BEYOND THE LIMITS OF ROAD SURVEY NO. 1534
WHERE REQUIRED FOR THE CONSTRUCTION AND MAINTENANCE OF SAID
HIGHWAY AS THE COUNTY OF SAN DIEGO IN DEED RECORDED AUGUST 16,
1960 AS FILE NO. 165716 OF OFFICIAL RECORDS.
9. THE EFFECT, IF ANY, OF RECORD OF SURVEY MAP NO. 5715, WHICH SETS
FORTH, OR PURPORTS TO SET FORTH, CERTAIN DIMENSIONS AND BEARINGS
OF THE HEREIN DESCRIBED PROPERTY.
PAGE 3
ORDER NO. 1151504-20
10. AN EASEMENT FOR ROADWAY AND UTILITY AND INCIDENTAL PURPOSES AS
DISCLOSED BY RECORD OF SURVEY MAP NO. 5715.
11. AN EASEMENT AND RIGHT OF WAY FOR ROADWAY AND UTILITY AND
INCIDENTAL PURPOSES AS RESERVED BY INSTRUMENT RECORDED FEBRUARY
2, 1961 AS FILE NO. 18947 OF OFFICIAL RECORDS, AND THE RIGHT OF
OTHERS TO USE SAID EASEMENT AS CONVEYED OR RESERVED IN VARIOUS
OTHER INSTRUMENTS OF RECORD, OVER, UNDER, ALONG AND ACROSS THAT
CERTAIN STRIP OF LAND DESIGNATED AS "60 FOOT EASEMENT RESERVED
FOR ROADWAY AND UTILITY PURPOSES" AS SHOWN ON RECORD OF SURVEY
NO. 5715.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
12. AN EASEMENT FOR A PIPELINE OR PIPELINES FOR ANY AND ALL PURPOSES,
TOGETHER WITH THEIR NECESSARY FIXTURES AND APPURTENANCES
INCLUDING BUT NOT LIMITED TO CONDUITS AND CABLES FOR POWER
TRANSMISSION AND COMMUNICATION PURPOSES, AT SUCH LOCATIONS AND
ELEVATIONS, UPON, ALONG, OVER AND UNDER THE HEREINAFTER DESCRIBED
RIGHT OF WAY AS GRANTEE MAY NOW OR HEREAFTER DEEM CONVENIENT AND
NECESSARY FROM TIME TO TIME, TOGETHER WITH THE RIGHT OF INGRESS
THERETO AND EGRESS THEREFROM AND INCIDENTAL PURPOSES IN FAVOR OF
CARLSBAD MUNICIPAL WATER DISTRICT, A MUNICIPAL WATER DISTRICT,
RECORDED DECEMBER 28, 1961 AS FILE NO. 223 207 OF OFFICIAL
RECORDS, DESCRIBED AS FOLLOWS:
PARCEL 1:
ALL THAT PORTION OF SAID LAND DESIGNATED AS "DESCRIPTION NO.
1,103.91 ACRES" DESCRIBED AS FOLLOWS:
A STRIP OF LAND 12.00 FEET IN WIDTH ADJACENT TO AND SOUTHWESTERLY
FROM THE SOUTHWESTERLY LINE OF AN EASEMENT AND RIGHT OF WAY
150.00 FEET IN WIDTH AS GRANTED TO THE SAN DIEGO GAS AND ELECTRIC
COMPANY BY DEED RECORDED AUGUST 14, 1957 IN BOOK 6706, PAGE 514
OR OFFICIAL RECORDS, THE NORTHEASTERLY LINE OF SAID 10.00 FOOT
STRIP BEING THE SOUTHWESTERLY LINE OF SAID 150.00 FOOT RIGHT OF
WAY.
PARCEL 2:
A STRIP OF LAND 10 FEET IN WIDTH LYING ADJACENT AND NORTHERLY OF
THE FOLLOWING DESCRIBED LINE:
BEGINNING AT CORNER 13 OF LOT G OF RANCHO AGUA HEDIONDA; THENCE
EASTERLY ALONG THE SOUTHERLY LINE OF LOT G 780.00 FEET TO THE
TRUE POINT OF BEGINNING; THENCE EASTERLY ALONG SAID SOUTH LINE OF
LOT G 702.76 FEET.
PAGE 4
ORDER NO. 1151504-20
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
13. AN IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY FOR PUBLIC RIGHT
OF WAY PURPOSES, DATED (NOT SHOWN) IN FAVOR OF THE CITY OF
CARLSBAD, UPON THE TERMS AND CONDITIONS CONTAINED THEREIN,
RECORDED JULY 25, 1974 AS FILE NO. 74-200025 OF OFFICIAL RECORDS,
OVER AND ACROSS THE NORTHERLY 13 FEET.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
14. AN IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY FOR PUBLIC RIGHT
OF WAY PURPOSES, DATED (NOT SHOWN) IN FAVOR OF THE CITY OF
CARLSBAD, UPON THE TERMS AND CONDITIONS CONTAINED T~IEREIN,
RECORDED JULY 25, 1974 AS FILE NO. 74-200026 OF OFFICIAL RECORDS,
OVER AND ACROSS A PORTION AFFECTS KELLEY DRIVE.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
;L5. A "13' FUTURE STREET OPENING" AND "42' FUTURE STREET OPENING
(KELLY DR.)" AS SHOWN ON PARCEL MAP NO. 2993.
16. A "30' PRIVATE ROAD AND UTILITY EASEMENT" AS SHOWN ON PARCEL MAP
NO. 2993.
17. THE FACT THAT THE OWNERSHIP OF SAID LAND DOES NOT INCLUDE ANY
RIGHTS OF INGRESS OR EGRESS TO OR FROM PALOMAR AIRPORT ROAD
ADJACENT THERETO, SAID RIGHTS HAVING BEEN RELINQUISHED ON PARCEL
MAP NO. 2993.
18. AN EASEMENT FOR VEHICULAR ACCESS RIGHTS AND INCIDENTAL PURPOSES
IN FAVOR OF THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION,
RECORDED AUGUST 23, 1974 AS FILE NO. 74-230327 OF OFFICIAL
RECORDS, LOCATED WITHIN A PORTION OF SAID PARCELS C AND D AS SET
FORTH IN SAID DOCUMENT.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
19. AN AGREEMENT REGARDING FUTURE IMPROVEMENT, DATED (NOT SHOWN),
UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN.
EXECUTED BY AND BETWEEN: CARROLL R. KELLY AND THE CITY OF
CARLSBAD, A MUNICIPAL CORPORATION.
RECORDED: AUGUST 23, 1974 AS FILE NO. 74-230328 OF OFFICIAL
RECORDS.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
20. AN AGREEMENT REGARDING FUTURE IMPROVEMENT, DATED (NOT SHOWN),
UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN.
PAGE 5
ORDER NO. 1151504-20
EXECUTED BY AND BETWEEN: CARROLL R. KELLY AND THE CITY OF
CARLSBAD, A MUNICIPAL CORPORATION.
RECORDED: AUGUST 23, 1974 AS FILE NO. 74-230329 OF OFFICIAL
RECORDS.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
21. AN AGREEMENT REGARDING FUTURE IMPROVEMENT, DATED (NOT SHOWN),
UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN.
EXECUTED BY AND BETWEEN: CARROLL R. KELLY AND THE CITY OF
CARLSBAD, A MUNICIPAL CORPORATION.
RECORDED: AUGUST 23, 1974 AS FILE NO. 74-230330 OF OFFICIAL
RECOR:JS.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
22. AN AGREEMENT REGARDING THE PAYMENT OF A PUBLIC FACILITIES FEE,
DATED OCTOBER 25, 1982, UPON THE TERMS, COVENANTS, AND CONDITIONS
CONTAINED THEREIN.
EXECUTED BY AND BETWEEN: RICHARD CARROLL KELLY AND ROBERT
PATRICK KELLY AND THE CITY OF
CARLSBAD, A MUNICIPAL CORPORATION.
RECORDED: NOVEMBER 8, 1982 AS FILE NO. 82-343970 OF OFFICIAL
RECORDS.
23. A PERPETUAL EASEMENT FOR OPEN SPACE IN FAVOR OF THE CITY OF
CARLSBAD, BY DEED RECORDED AUGUST 25, 1988 AS FILE NO. 88-426568
OF OFFICIAL RECORDS, WHICH PROVIDES AMONG OTHER THINGS, THAT THE
FOLLOWING SHALL BE PERFORMED ONLY AS PERMITTED BY A SPECIAL USE
PERMIT:
EXCAVATION, GRADING OR FILLING OF SAID LANDi CONSTRUCTION OF
BUILDINGS, STRUCTURES OR OTHER THINGS WHATSOEVER UPON SAID LANDi
USE OF SAID LAND FOR OTHER THAN OPEN SPACE AND PARK OR
RECREATIONAL PURPOSES.
THE ROUTE OF SAID EASEMENT IS SET OUT IN SAID DOCUMENT AND
AFFECTS A PORTION OF THE HEREIN DESCRIBED PROPERTY.
24. A PERPETUAL EASEMENT FOR OPEN SPACE IN FAVOR OF CITY OF CARLSBAD,
A MUNICIPAL CORPORATION, BY DEED RECORDED AUGUST 25, 1988 AS FILE
NO. 88-426570 OF OFFICIAL RECORDS, WHICH PROVIDES AMONG OTHER
THINGS, THAT THE FOLLOWING SHALL BE PERFORMED ONLY AS PERMITTED
BY A SPECIAL USE PERMIT:
EXCAVATION, GRADING OR FILLING OF SAID LANDi CONSTRUCTION OF
BUILDINGS, STRUCTURES OR OTHER THINGS WHATSOEVER UPON SAID LANDi
USE OF SAID LAND FOR OTHER THAN OPEN SPACE AND PARK OR
RECREATIONAL PURPOSES.
PAGE 6
ORDER NO. 1151504-20
THE ROUTE OF SAID EASEMENT IS SET OUT IN SAID DOCUMENT AND
AFFECTS A PORTION OF THE HEREIN DESCRIBED PROPERTY.
25. AN EASEMENT FOR PUBLIC HIGHWAY AND INCIDENTAL PURPOSES IN FAVOR
OF THE CITY OF CARLSBAD, RECORDED AUGUST 25, 1988 AS FILE NO. 88-
426571 OF OFFICIAL RECORDS.
THE ROUTE OF SAID EASEMENT IS SET OUT IN SAID DOCUMENT AND
AFFECTS A PORTION OF THE HEREIN DESCRIBED PROPERTY.
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.
26 .. AN EASEMENT FOR PUBLIC HIGHWAY AND INCIDENTAL PURPOSES IN FAVOR
OF THE CITY OF CARLSBAD, RECORDED AUGUST 25, 1988 AS FILE NO. 88-
426572 OF OFFICIAL RECORDS.
THE ROUTE OF SAID EASEMENT IS SET OUT IN SAID DOCUMENT AND
AFFECTS A PORTION OF THE HEREIN DESCRIBED PROPERTY.
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.
27. AN EASEMENT FOR DRAINAGE AND INCIDENTAL PURPOSES IN FAVOR OF CITY
OF CARLSBAD, A MUNICIPAL CORPORATION, RECORDED AUGUST 25, 1988 AS
FILE NO. 88-426573 OF OFFICIAL RECORDS.
THE ROUTE OF SAID EASEMENT IS SET OUT IN SAID DOCUMENT AND
AFFECTS A PORTION OF THE HEREIN DESCRIBED PROPERTY.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
28. AN EASEMENT FOR DRAINAGE AND INCIDENTAL PURPOSES IN FAVOR OF CITY
OF CARLSBAD I A MUNICIPAL CORPORATION I RECORDED AUGUST 25 I 1988 AS
FILE NO. 88-426574 OF OFFICIAL RECORDS.
THE ROUTE OF SAID EASEMENT IS SET OUT IN SAID DOCUMENT AND
AFFECTS A PORTION OF THE HEREIN DESCRIBED PROPERTY.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
PAGE 7
ORDER NO. 1151504-20
29. COVENANTS, CONDITIONS AND RESTRICTIONS, BUT DELETING ANY
COVENANT, CONDITION OR RESTRICTION INDICATING A PREFERENCE,
LIMITATION OR DISCRIMINATION BASED ON RACE, COLOR, RELIGION, SEX,
HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN TO THE EXTENT SUCH
COVENANTS, CONDITIONS OR RESTRICTIONS VIOLATE 42 USC 3604(C), IN
AN INSTRUMENT RECORDED JULY 10, 1989 AS FILE NO. 89-362401 OF
OFFICIAL RECORDS.
30. NOTE: A CERTIFICATE OF COMPLIANCE WITH CONDITIONS AFFECTING THE
HEREIN DESCRIBED PROPERTY WAS RECORDED FEBRUARY 15, 1990 AS FILE
NO. 90-085877 OF OFFICIAL RECORDS.
31 . THE FACT THAT SAID LAND LIES WITHIN ':HE COMMUNITY FACILITIES
DISTRICT NO. 1 AND WITHIN THE BOUNDARY MAP ANNEXATION NO. 95/96-
1, CITY OF CARLSBAD, AS DISCLOSED BY INSTRUMENTS RECORDED
DECEMBER 19, 1990 AS FILE NO. 90-0674118 AND JANUARY 16, 1996 AS
FILE NO. 1996-0020168, BOTH OF OFFICIAL RECORDS.
A NOTICE OF SPECIAL TAX LIEN WAS RECORDED MAY 20, 1991 AS FILE
NO. 91-0236959 OF OFFICIAL RECORDS.
3 2. THE FACT THAT SAID LAND LIES WITHIN THE COMMUNITY FACILITY
DISTRICT NO. 2, CARLSBAD UNIFIED SCHOOL DISTRICT, AS DISCLOSED BY
INSTRUMENT RECORDED OCTOBER 7 1 1992 AS FILE NOS. 1992-0637693 AND
92-0637694, BOTH OF OFFICIAL RECORDS.
33. AN EASEMENT AND RIGHT OF WAY FOR ROAD AND PUBLIC UTILITY AND
INCIDENTAL PURPOSES AS GRANTED BY INSTRUMENT RECORDED DECEMBER
10 1 1992 AS FILE NO. 1992-0793565 OF OFFICIAL RECORDS, AND THE
RIGHT OF OTHERS TO USE SAID EASEMENT AS CONVEYED OR RESERVED IN
VARIOUS OTHER INSTRUMENTS OF RECORD.
THE ROUTE OF SAID EASEMENT IS SET OUT IN SAID DOCUMENT AND
AFFECTS A PORTION OF THE HEREIN DESCRIBED PROPERTY.
34. THE FACT THAT SAID LAND LIES WITHIN THE AMENDED ANNEXATION MAP
NO. 1 TO BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 3, AS
DISCLOSED BY INSTRUMENT RECORDED JUNE 16, 1995 AS FILE NO. 1995-
0254037 OF OFFICIAL RECORDS.
35. AN ACTION COMMENCED IN THE SUPERIOR COURT IN AND FOR THE COUNTY
OF SAN DIEGO.
CASE NO.: N73929-1
PLAINTIFF: CITY OF CARLSBAD VS.
DEFENDANT: RICHARD C. KELLY AND ROBERT PATRICK KELLY/
TRUSTEES
PURPOSE: CONDEMNATION FOR AVIARA PARKWAY PROJECT.
SUPPLEMENTAL NOTICE OF PENDENCY OF SAID ACTION WAS RECORDED
NOVEMBER 25, 1997 AS FILE NO. 1997-0598135 OF OFFICIAL RECORDS.
PAGE 8
••
ORDER NO. 1151504-20
36. THE TERMS, COVENANTS, AND PROVISIONS OF THE TRUST AGREEMENT
REFERRED TO IN THE VESTING HEREIN, AND THE EFFECT OF ANY FAILURE
TO COMPLY WITH SUCH TERMS, COVENANTS, AND PROVISIONS.
1997-1998 TAX INFORMATION:
CODE AREA:
PARCEL NO.:
INACTIVE
09013
212-040-49-00
PAGE 9
ORDER NO. 1151504-20
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
PARCEL "D" AND A PORTION OF PARCEL "C" OF PARCEL MAP NO. 2993, IN THE
CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, TOGETHER
WITH A PORTION OF LOT "G" OF RANCHO AGUA HEDIONDA, AS PER MAP NO. 823,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY,
AS DESCRIBED IN CERTIFICATE OF COMPLIANCE WITH CONDITIONS RECORDED
FEBRUARY 15, 1990 AS FILE NO. 90-085877 OF OFFICIAL RECORDS, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE EASTERLY BOUNDARY OF SAID PARCEL "D",
DISTANT THEREON SOUTH 13°36'43" WEST, 13.01 FEET FROM THE NORTHEAST
CORNER OF SAID PARCEL "D"; THENCE SOUTHERLY ALONG SAID EASTERLY
BOUNDARY SOUTH 13°36'43" WEST, 531.99 FEET; THENCE NORTH 81°37'46"
WEST, 525.00 FEET; THENCE NORTH 83°42'01" WEST, 254.06 FEET TO THE
BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHERLY AND HAVING A RADIUS OF
800.00 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF 18 ° 17 ' 2 7" , AN ARC LENGTH OF 2 S 5 . 3 8 FEET; THENCE NON-TANGENT TO SAID
CURVE NORTH 11°29'28" WEST, 514.82 FEET TO A POINT IN THE ARC OF A
NON-TANGENT CURVE, CONCAVE SOUTHERLY AND HAVING A RADIUS OF 2,187.00
FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 10°09' 39" WEST;
THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11°48'57"
AN ARC LENGTH OF 451.01 FEET TO THE BEGINNING OF A COMPOUND CURVE,
CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 40.00 FEET; THENCE
SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 32°20'47",
AN ARC LENGTH OF 22.58 FEET TO THE BEGINNING OF A REVERSE CURVE,
CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 40.00 FEET; THENCE
SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 31°14'20",
AN ARC LENGTH OF 21.81 FEET TO THE BEGINNING OF A REVERSE CURVE,
CONCAVE SOUTHERLY AND HAVING A RADIUS OF 2,175. 00 FEET; THENCE
EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 3°33'16", AN ARC
LENGTH OF 134.93 FEET TO THE BEGINNING OF A COMPOUND CURVE, CONCAVE
SOUTHWESTERLY AND HAVING A RADIUS OF 25.00 FEET; THENCE EASTERLY,
SOUTHEASTERLY AND SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF 94 ° 4 6 I 51 II I AN ARC LENGTH OF 41 . 3 6 FEET i THENCE TANGENT TO SAID
CURVE SOUTH 11°05'51" WEST, 10.00 FEET; THENCE SOUTH 78°54'09" EAST,
102.00 FEET; THENCE NORTH 11°05'51" EAST, 30.56 FEET TO THE BEGINNING
PAGE 10
••
ORDER NO. 1151504-20
OF A TANGENT CURVE, CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 25.00
FEET; THENCE NORTHERLY, NORTHEASTERLY AND EASTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 87°19'53", AN ARC LENGTH OF 38.11 FEET;
THENCE TANGENT TO SAID CURVE SOUTH 81°34'16" EAST, 281.45 FEET TO THE
BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHERLY AND HAVING A RADIUS OF
2 , 2 3 7 . 0 0 FEET; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 2°40'07", AN ARC LENGTH OF 104.19 FEET; THENCE TANGENT TO
SAID CURVE SOUTH 78 ° 54' 09" EAST, 99.73 FEET TO THE POINT OF BEGINNING.
PAGE 11
r
Form No. 1068-2 (Rev. 10/17/921 .... FilE GOPf . · . -~, ·· ~ txhibit A to Coq;.mit.ment
Commitment For
Title Insurance
First American Title Insurance Company
S()/) Cf7 -ZS/
CI)P 11-SZ
. -
Form Na.1~ (1982)
ALTA Plain Lanouaoe Commitment • •
COMMITMENT FOR TITLE INSURANCE
ISSUED BY
First American Title Insurance Company
AGREEMENT TO ISSUE POLICY
We agree to issue a policy to you according to the terms of this Commitment When we show the policy
amount and your name as the ~reposed insured in Schedule A. this Commitment becomes effective as of the Com-
mitment Date shown in Schedule A
If the Requirements shown in this Commitment have not been met within six months after the Commitment
Date, our obligation under this Commitment will end. Also, our obligation under this Commitment will end when the
Policy is issued and then our obligation to you will be under the Policy. :
Our obligation under this Commitment is limited by the following:
The Provisions in Schedule A
The Requirements in Schedule 8-1.
The Exceptions in Schedule 8-2.
The Conditions on the other side of this page 1.
This Commitment is not valid without SCHEDULE A and Sections 1 and 2 of SCHEDULE B.
First American Title Insurance Company
ATTEST/}/~£_ ~SECRETARY
• • ·.•
~~~ ~, .. ~ ·Mi.~···•~ , N/.-. ~~·~~~..eru. 1068-2 (REV. 7/90) ORDER NO. 1162913-20 -...-.. -'COMMITMENT
SLP
1.
2.
SCHEDULE A RECTI SEP 1 0 1997
CQ!'II'.MITME.N':' DATE: AUGUST 27, 1997 AT 7:30A.M.
POLICY OR POLICIES TO BE ISSUED: POLICY AMOu"NT
(A) OWNERS POLICY: ALTA EXTENDED
TO BE DETERMINED
PROPOSED INSU?~ED:
KILROY REALTY, L.P., A DELAWARE LIMITED
PA..~TNERSEI?.
(B) LOAN POLICY:
PROPOSED INSURED:
•.·
(C) PROPOSED INSUP~D:
3. FEE INTEREST IN TEE LAND DESCRIBED IN TE:S COMMITMENT IS
OWNED, AT TEE COMMITMENT DATE, BY
KELLY RANCH CORPOR.J;.TE CENTER I I L. L. c. I A DELAWARE LIMITED
LIABILITY COMP~~
4. THE LAND REFER..~D TO IN TEIS COMMITMENT IS DESCRIBED AS
FOLLOWS:
(SEE ATTACHED LEGAL DESCRIPTION)
PAGE 2
.-• •
ORDS~ NO. 1162913-20
SCHEDULE B -SECTION 1
REQUIREMENTS
FOLLO~ENG ?-SQUIREMENTS MUST BE MET:
(A) PAY THE AGREED .AMOUNTS FOR THE INTEREST IN THS LAND AND/OR THE
MORTGAGE TO BE INSuKED.
(3) PAY US TEE PREMIUMS, FEES AND CHARGES FOR THE POLICY.
(C) DOCUMENTS s;..TISF.r..CTORY TO US CREATING THE IN:'EREST IN THE LA.ND
AND/OR TEE MORTGAGE TO BE INSURED MUST BE S:GNED, DELI~RED
.fl._ND RECOR::lE:l.
( :J) YOU M'"uST ':'EL:::., \JS IN W?.ITING THE NP..ME OF P..NYO!-;E NOT REFERRED TO
IN TH:::S COMM:':'MENT wr:O WILL GET AN INTEREST ::\' THE LAND OR WHO
WILL ~~E A LOP.~ ON TEE LAND. WE MAY TEEX ~~E ADDITION~
REQUI?-EMENTS OR EXCEPTIONS.
(E) REL:EASE ( S) OR :K:ECO!:,iVEYAl'JCE ( S) OF ITEM ( S) NO::=: AT THIS TIME . . '
-(F) RECORD A CERTIFIED COPY OF THE LP-5 FO?-'-: IS,:jUED BY THE
SECRET~~y OF STATE FOR CALIFOFL~IA FOR KILRO~ REALTY, L.P., I~
THE OFFICE OF THE COUNTY RECOP~ER OF SAN D:E30 COUNTY.
(G) YOU ~luST G:::VE GS TEE FOLLOWING IN?O?~.TIOK:
l. ANY OFF RECORD LEASES, SURVEYS, ETC.
2. STATEMENT(S) OF IDENTITY, ALL PARTIES.
3. P.n...~T~ERSHIP AGREEMENT A.!.\ITJ ANY AME!'r:::·:ENTS FOR KILROY
REA:..7Y, L.P.
THE REQU:RSMENT TP.AT THIS COMPANY BE F:..?.:.'JISHED WITH ALL
SUPPLEMENT.r..L TP.~ BILLS, IF ANY, FROM THE O~~~R OF THE HEREIN
DESCRIBED PROPERTY BEFORE CLOSE OF ESCROW.
P.r..GE 3
• • ·.· ~~~~ ~!..:f.~~ ~~~FOR~l~~o. 1068-2 (REV. 7/90)
COM.l'-11 I TMZNT
ORDER NO. 1162913-20
SCHEDULE B -SECTION 2
EXCE?':'IDNS
ANY POLICY WE ISSUE WILL S~VE TEE FOLLOW~NG EXCEPTIONS UNLESS THEY
k~E TAXEN C~~E OF TO OuK SATISFAC':'ION.
PART ONE, SECTION ONE:
1 TAXES OR ASSESSMENTS W~IC~ ~2E NOT SHOWN AS EXISTING LIENS BY
THE RECORDS OF ANY TA-XING ;._::.JTHORITY TE...~T LEVIES TAXES OR
ASSESSME~TS ON REFL PROPERTY 0~ BY THE Pu~LIC RECORDS.
2.
3.
-~.NY ?_:;crs, R:GE:'S, ::NTERES':', 8R cL..n.rMs w:-:rc:: ARE NOT SHOWN
T!-:E Pu~I..,IC RECORDS BUT w:::::::: COULD BE ASCERTXI:NED BY
INSPECT:ON OF SAID LP~D OR 3Y MAKING INQUIRY OF PERSONS
POSSESSION TEEREOF.
EASEMEN:'S, C~.IMS OF EASEMEN':'
SEQ~~ BY T~E Pu~LIC RECORDS.
OR ENCUMBP~~CES WciiCH ARE NOT
':.·
4. DISCREPANCIES, CONFLICTS IN 30u~uARY LINES, SHORTAGE IN AREA,
ENCRO.ll.Ch"'MENTS, OR A..l\TY OTHER F.?-.CTS W::ICH A CORRECT SURVEY WOULD
DISCLOSE, A.~ w:-:ICE ARE NO':' SHOw~ BY PUBLIC RECORDS.
5. (A) u~?ATENTED MINING CLAIMS; (B) RESERVATIONS OR EXCEPTIONS
IN PA':'ENTS OR IN ACTS AUT!-:ORIZING THE ISSUfu~CE THEREOF; (C)
WATER RIGHTS, C~AIMS OR TIT~E TO WATER, W.~ET2ER OR NOT THE
MATTERS EXCEPTED UNDER (A), (3) OR (C) ARE SHOWN BY THE PUBLIC
RECORDS.
6. AN~ LIEN, OR RIGE:' TO A LIEN, FOR SERVICES, LABOR OR MATERI?~
THERETOFORE OR EERE.~TER Fu?~ISHED, IMPOSED BY LAW AND NOT
Si:iOw"N BY TEE PUBLIC R2COR:JS.
TEE FOLLOWING .Z:GOVE WUMBERED EXCEPTIONS 1 THROUGH 6 WILL BE
ELIMINATED IN AN ALTA EXTENDED COVERAGE POLICY.
PART ONE, SECTION TWO:
1. GENE~~ A-~D SPECIAL TAXES FOR TEE FISCAL YE~3 1997-98, A LIEN,
NOT YET PAYABLE.
PAGE 4
•
ORDER NO. 1162913-20
SA:D G?-~~?OR, DOSS HEREBY WAIVE ~~L CLAIM FOR COMPENSATION FOR
.P-3Y .A...\ID P.~L DP.-'vr-~G'SS ON ACCOUNT OF THE: LOCA':'IO~, EST.ZBLISHMENT
~~~ CONSTR~CT:CN OF SAID HIGHWAY.
8. P.~ E.~.SE~E~E ?0?. R0P.::JWP.:'! .~TD INCIDENTAL P'(.;"'R?OSES AS DISC!....OSED
3Y RECORD 0? Su?:VE:Y MAP NO. 5715.
9. P-3 EASEMEN~ FOR SEWER PIPE LINES AND INCIDE~?AL PURPOSES AS
CO~DEI\'INED BY TEE BUENA SANITP..TION DISTRICT BY FINA:.. DECREE OF
CONDEMNP..TION A C.S?.TIFI:SD CO?Y OF WEICH W~.S REC)RDED J.~JA.R.Y 4,
1965 AS FILE NO. 672, OVER ALL TS~T PORTION OF LOT G OF ~~CHO
AGUA F.EDIONDA, IN THE COUN~Y OF S.~~ D:~GO, STATE OF
CP.~IFOP-~IA, ACCSRDING TO PP.-~TITION ~-~P NO. 823, FILED IN TEE
OFFICE OF ?HE COu~TY R.SCORDER OF SP.E DIEGO COu~TY, NOV'SMBER
15, 1896, L'":(:NG lfl:T~IN A 5.00 FOOT STRIP OF L.~'JD LYING
BEGINNING A~ TEE IN':'ERSECTION OF TEE LOT LINE COMMON TO LOTS
G A.J.'\!D E OF SP..I:J R..!>..NC!-10 A.J.'\!D TEE SOUTEERLY LINE OF ROAD SURVEY
1534, AS S~~E IS SHOWN ON~~? TE'SREOF ON FILE IN T~E OFFICE OF
TEE COu"N':'"'! s:.rr::v=:·'!OR OF SA.J.'J DI:2GO COUNTY; THENCE Al..ONG SAID LOT
LINE COMMON TO SP..ID LOT G Al.'ill E SOUTH 0°02'02" EAST 166.46
FE2T. SP..2:!J =:.::..SEMEN':' At.'JD RIGE':' OF WAY FO?. SE~:?. LINE AND
P..PPt.i"RTEN.Du.\iCES LYING WITEIN TF.AT PORTION OF SAiu LOT G, AS
CONVEYED SY DEE~ RECORDED IN TEE OFFICE OF TEE COu~TY RECORDER
OF SFB D~EGO COu~TY, FEBR~~~y 2, 1961 AS F:LE NO. 18947 OF
OFF:CI.~ RECOR~S.
10. k~ EASEMEN~ FOR ?u~LIC ROP.~ ~w INCIDENT.~ ?wK?OSES IN FAVOR
OF TEE C~TY OF C.~~~S3AD, RECORDED 0uLY 25, :974 AS FILE NO.
74-200024 OF OFFICI.~ RECORDS, D2SCRIBED AS FOLLOWS:
.A...1\J EASEMENT FOR S':'REETS k'ID HIGrlWAY PURPOSES OV=:R, UNDER,
ALONG k'ID ACROSS ALL TEAT POR'!'ION OF LO':' G 1 R.~~CHO AGUP..
EEDIONDA, IN TEE CI~Y OF CA-qLS3AD, COUNTY 0? SAN DIEGO, STATE
OF CP...:.I?ORNIA, ACCORDING TO MAP THEREOF NO. 823, ON FILE IN
T:iE OF?ICS OF TEE R.SCORDER OF SAID COUNTY, LY:NG 42.00 FEET ON
EITHER SIDE OF TEE FOLLOWING DESCRIBED CEN'!'ER LINE:
BEGINNING AT CO~~ER NO. 13 OF SAID LOT G OF SAID RANCHO AGUA
HEDIONDA; THENCE NORTE 0°31' 16" WEST, ALONG TEE WESTERLY
BOUNDARY OF SAID LOT G1 2272.53 FEET TO A POINT OF
INTERSECTION w:TE THE SOUTEERLY RIGHT OF WAY LINE OF P.~O~R
AIRPORT ROP.~ (100.00 FEET IN WIDTH) AS PER ROAD SURVEY NO.
1534, ON FILE IN TEE OFFICE OF THE SAID COUNTY RECORDER;
THENCE ALONG TEE SAID SOUTHERLY RIGHT OF WAY LINE NORTH
7 0 °12' 3 7" EAST 614. 6 6 FEET TO TEE TRUE POINT OF BEGINNING;
THENCE SOUTH 9°4 7 I 23 II EAST 124.23 FEET. TEE WE:STERLY AND
PAGE 6
•
1068-2 (REV. 7/90) ORDS~ NO. 1162913-20
EASTERLY LINES S~~L BE SHORTENED OR EXTENDS: TO TERMINATE IN
THE SOT:JT~ERLY LINE OF PALOMA.~ AIRPORT ROAD. ':'JGETHER WITH ALL
THAT PORTION OF" SAID LOT G, LYING BETWEEN TrE 'fiESTER.LY LINE OF
THE HEREIN DESCRIBED RIGH7 OF WAY, A LINE :~~T IS Pk~~LEL
WITH ~~D 63.00 FEET SOUTHEASTER~Y, MEASDKED AT RIGHT ANGLES
FROM TEE CENTER LINE OF SA!~ PALO~~ AIRPOR7 ROAD k~D THE A-~C
Oi? P.. 25.0C FOOT ?~~~IUS C"'..:?.iJ"E, CONCAVE: SOl;-:';.:."11ESTERLY, SAID
CURVE BEING T~.NGENT TO EACH OF THE SAID PAR..l;l..:...EL LINES AND THE
SAID WESTERLY LIN'S. TOGE':'~:ER WITH ALL TFJ..':' PORTION OF SAID
LOT G, LYING BETW:EEN THE L.~.ST ABOVE MENTIONE:J Pk~ZU.LEL LINE,
THE EASTERLY RIGHT OF WAY LINE HEREIN DESC~:3:ED AND A 25.00
FOOT RP.DIUS CURVE, CONC~.V:E SOUTHEASTERLY s;..ID CURVE BEING
TANGENT TO EACH OF TEE LAST TWO MENTIONED L:)GS.
SP..ID INS':'RUMSNT P...!..,SO GR..:!l..!.\JTS THE ?RIVIL:EGE P...X: ?-IG2T TO EXTEND
AND MAIN':'Jl..I~ DR.~.:NAG:E STR'JC':''G""RES AND EXCAVP..':':JN AND EMBANKJ.'1:ENT
SLOPES 3EYOND TH:E LI~ETS OF SP..ID R!GE':' 0!? r;;_:.::: W".t:ER:E REQUIR:ED
FOR TEE CJNSTRUCTION A-~D ~~!NTEN.~\JCE THERE:?.
11. AN IR?.EVOC.P-.3LE O?F:E:?. TO D:E:::ECATE RSAL ?R':?ER':'Y FOR PUBLIC
RIGHT OF WAY P~?.?OSES, DAT:ED 00NE 24, 19/4 IN f.AVOR OF THE
CITY OF CZ\.?..LS3P...D U?ON TE:E T:ERMS AND COl--:ITION.S. CONTAINED
THERSIN, RECORDED J""u'"NE 25, 1974: AS FILE ;JO. 74:-200025 OF
OF?ICI.~ R:ECORDS.
OVER AND ~.CROSS ROAD SURVEY NO. 1534.
REFERENCE IS M.P..DS TO SAID INS':'RUMENT ?OR F~.:'HER PA.~TICULJ..RS.
12. A-~ IRREVOCABLE OFFER TO DEDICATE REAL P?.J?ERTY FOR PUBLIC
RIGHT OF WAY ?u7.POSES, DA~:ED 0uNE 24, 19~~ IN FAVOR OF TH:E
CITY OF C.~LSBAD U?ON T~E TERMS Al.'ID CO:.-:):TIONS CONTA!:t-I'"ED
TEERSIN, RECOR:JED J""uLY 25, 1974 AS FIL.E NO. 74-200027 0?
OFFICI~ R:ECOR:JS.
TH:E ROUTE THER:EOF IS DESCRIBED AS FOLLOWS:
THAT PORTION OF LOT G, RANCHO AGUA HEDIO~u~, LYING 42.00 FEET
ON EITHER SIDE OF TEE FOLLOWING DESCRIBED :ENTER LINE:
PJ..GE 7
•
ORDER NO. 1162913-20
BEGINNING A~ CO~~ER NO. 13 OF SAID LOT G OF SA:D R~~CHO AGUA
EEDION'"D.P-.; ':"EE(.;CE NORTE 0°31'16 11 WEST, ALONG TEE WESTERLY
BOUND~~y OF SA:D LOT G, 2272.53 FEET TO A POINT OF
INTERSECTION W:T~ T~E SOUTEERLY RIGHT OF WAY LINE OF PALO~~q
AIRPORT RO~~ (~~0.00 FEET IN WIDT~) AS PER RJ.~ S~~VEY NO.
:53 4 ON ?ILE IN ':"2:E OFFICE: OF THE S~.ID CO\..iNTY RECORDER; THENCE
MONG '!'~E SAID SOUT!-!ERLY RIGHT OF WAY LIN=: NORTE 70 °12 I 3 7 II
EAST 614.65 FEST; THENCE SOUTH 9°47'23 11 EAST '2..24.23 FEET TO
TEE TRUE ?OIN? OF BEGINNING; TEENCE CONTINUING SOUTH 9°47'23"
:SAST 5'2... 00 FEET TO THE BEGINNING OF A '!'~.NGENT 800.00 FOOT
RZ\.DIUS CURVE, CONCAVE WESTERLY; THENCE SOUTHERLY ALONG THE ARC
OF SAID Ctl'RVE THROUGH 'Po. CENTR.~ ANGLE OF 29°30'52 11 , AN AH.C
DISTh~CE OF 412.10 FEET TO A POINT OF REVERSE CURVATDKE WITE
-~~ 800.00 FOOT RADIUS Cu?.v~, CONCAVE EASTERLY; THENCE
SOG~HERLY A~ONG THE ~~C OF SAID CURVE THROUG?. A CEN~~~ ANGLE
oF 22 o s:::..' 42 II, ~.N ARC DIS':'.~NCE oF 319.21 FEE':' TO TEE TERMrwu-s
OF SAID LINE ~..J.~D TO :.. PO:!:NT IN .n.. LINE ':':.:_:;.'!' BE'P-...:KS NORT::
86°51'47" EAST FROM A POINT IN THE WEST:SRLY 30\JND~.RY OF SAID
LOT G, SA::'J ?OINT BEING NORTH 0°31'16" WEST, ALONG SAID
30L~D~.RY 1559.59 FEET FROM COru~ER NO. 13 OF SAID LOT G.
SAID INSTRUMENT ~LSO G~~~TS THE PRIVILEGE ~~~ RIGHT TO EXTE~u
~.ND ~-~-INTA::::N D?~~.INAGE STRUCTURES AND EXCAV.~1.':'ION -~0 EMBANKMEN':'
SLOPES BEYOND T~E LIMITS OF SAID RIGHT OF WAY wdERE REQUIRED
?OR TEE CONS?~UCTION fu~D ~~INTENfu~CE THERE:>?.
RE?:ERENCE IS V~~E TO SAID INSTRu~ENT FOR Fu~~HER PARTICULARS.
13 .. !ill" 84' FUTlJ?,E STREET OPENING SHOWN ON PARCE:.., W..P NO. 2993.
14. T~E FACT T~.~ T~E OWNERS~IP OF SAID~~~ DCES NOT INCLUDE~~~
RIGHTS OF INGRESS OR EGRESS TO OR FROM P~~O~~~ AIRPORT ROAD,
P:SR RECORD 0? SURVEY MAP NO. 1534, EXISTING AJ.'-l"D FUTtiRE
WIDENING, w::-:: THE EXCEPTION OF PUBLIC STR:EET OPENINGS
DESIGN.:U.TED ON P.~~CEL A OF PARCEL MAP NO. 2993, ADJACENT
THERETO, SA:D RIGHTS ~-AV:NG BEEN RELINQUISEED BY DEED RECORDED
AUGUST 23, :974 AS FILE NO. 74-230327 OF OFFICIAL RECORDS.
15. AJ.~ AGREEMENT REGA?~ING FUTu~E IMPROVEMENT, DATED AUGUST 20,
1974 I UPON TEE TERMS I COVENANTS I AND CONDITIONS CONTAINED
THEREIN.
EXECUTED BY A..\i"D BETWEEN: THE CITY OF CAJ~.LSBAD AJ:IJD
Ck~ROLL R. K~~LY.
RECORDED: AUGUST 23, 1974 AS FILE NO. 74-230328 OF OFFICIAL
RECORDS.
REFERENCE IS t-Ln..DE TO SAID INSTRUMENT FOR FZJ"'R'I'EER P.~.RTICULARS ·
PAGE 8
t
I •
ORD~R NO. 1162913-20
16. ?~ AGR~~M~N~ R~Gk~D!NG FUTuKE IMPROVEMENT, DATED AUGUST 20,
l974: I U?ON T~~ TERl"1S I COV:SN.i:lliTS I AND CON""JITIONS CONTAINED
':'HEREIN.
SXEC:n:·ED 3"f .P-2-;D 3ETWE2N: THE CITY 0? CA..Q..LS3AD AND
C.~~ROLL R. K~~LY.
RE~ORDED: AuGuS7 23, 1974 AS FILE: NO. 74-230329 OF OFFICIAL
RECORDS.
REF~RENCE IS ~~E TO SAID INSTRUMENT FOR FuKTH~R PA..~TIC~~S.
17. THE FACT ~s;,~ Sll.ID LA.T\TD LISS WITHIN TEE ASSESSMENT DISTRICT
NO. 85-1 ?.~OK~ AIRPORT ROll~ CITY OF CARLS3?~, AS DISCLOSED
BY INSTRUM~N~ RECORDED JANUARY 29, 1986 AS FILE NO. 86-037400,
JULY 7, 1988 AS FILE: NO. 88-329466, AND ~y 7, 1988 AS FILE:
18.
NO. 88-329467, ~~L OF OFFICI?~ RECORDS.
A PERPE~u'P~ EAS2MENT FOR OPEN S?ACE IN FAVOR OF THE CITY OF
C.;RLS3?~, 3Y DEE~ RECOR~ED AuGUST 25, 1988 AS FILE NO. 88-
426569 OF OFF:CI.~.!... RECORDS, WEICH PROVIDES kVIONG OTHER THINGS,
T~T THE ?OLLOW:NG SF..Jl.I...L BE ?ER?OR.tviED ONLY .r..S PERJvETTED BY A
SPECIAL USE ?E?Y.IT:
EXCAVATION, GRADING OR FILLING OF SAID ~~u; CONSTRUCTION OF
BUILDINGS, S':'?..UCTC~ES OR OTH~R THINGS W~~TSOEVER UPON SAID
h~v; USE OF SAID LAND FOR OTHER THk~ OPEN S?ACE ~~v PARK OR
RECR~ATION~ P~K?OSE:S.
~HE ROUTE OF SAID ~AS2M~NT IS SET OUT IN SAID DOCu~ENT fu~
AFFECTS A PORTION OF TEE H~REIN DESCRIBED ?RO?ER~Y.
19. THE FACT T!-='-~T SAID L.A!.'ID LIES WITHIN THE BOUN'"DARIES OF
COMMUNITY FA~ILITIES DISTRICT NO. 1 CITY OF CA.~LSBAD, 'P.S
DISCLOSED 3Y :NSTRUMENT RECORDED DECEM3ER 19, 1990 AS FILE NO.
90-0674l18 OF OF?ICIAL RECORDS.
A NOTICE OF SPEC!?~ TAX LIEN RECORDED ~~y 20, 1991 AS FILE NO.
1991-0236959 OF OFFICIAL RECORDS.
20. THE FACT TF-~T SAID LAND LIES WITHIN TH~ BOUNuARIES OF
CO~UNITY FACILITIES DISTRICT NO. 2, AS DISCLOSED BY
INSTRUMENT R~COP~ED OCTOBER 7, 1992 AS FIL~ NO. 1992-0637693
&~ 1992-0637694, BOTH OF OFFICIAL RECORDS.
PAGE 9
• •
ORDER NO. 1162913-20
21. TE~ FACT TS~T SAI~ L.~m LIES WI7~!N TEE CO~~fu~ITY FACILITIES
DIST~ICT NO. 3, AS ~ISCLOSED BY INSTRu~ENT RECORDED FEBRUARY
9, 1994 AS ?I~E NO. 1994-0090630 OF OFFICIAL R~CORDS.
NOTICE 0? S?ECI;._:.. ':'XZ: LIEN COt'v!tv:'" .... ;0r:TY FP..CI~I':'ISS DIS':'RICT NO.
3 OF TEE C&~LS3~~ ~~IFIED SCHOO~ DISTRICT WAS RECORDED APRIL
26, 1994 AS FI~E NO. 1994-0277976 0? OFFICI;~ ~£CORDS.
k~ ~~E~~':'ION ~~? NO. 1 OF CO~G~ITY FACILITIES DISTRICT NO.
3 OF C~RLSB~~ UNIFIED SCHOOL DISTRICT, RECO?~S~ n~Y 16, 1995
AS FILE NO. 1995-0205176 OF OFFICIAL RECORDS .
. ~ .~ENDS~ k~E~~':'ION ~~p NO. : TO BOG~~~IES OF COMWUNITY
FACILITIES DIS~RICT NO. 3, R~CO~~ED JL~E 16, 1995 AS FILE NO.
1995-0254037 OF OFFICI.~ RECOR~S.
2 2 . AN EASSME~':' A.:.'Ju ~-:G:-:':' 0? W~:'! ?:)R INGRESS, SGRSSS, RO.~.D p.._-r-.)1)
UTI!..ITY P':..rt.?os:::s, :Nc~uuiNG BUT NOT LIMITED :-~ s:,sc-:?.:c POWER,
TELEPHONE, GAS, WA':'ER, SEWER ~'~ CABLE TELEVISION LINES AND
A?PUP.TSNAl.'\l"CES A.'JD ::::-rCIDENT_;:~ ?URPOSES .P-.S MS? C.~I?ORNIA,
L. L. C., A COLO?~~O LIMIT2D LI;..3ILITY COM?~..:.'\.t BY INSTRUMENT
RECORDED ~~~CE 6, 1995 AS FiwE NO. 1995-0094515 OF OFFICIAL
RECORDS, ;..l,iu :-:::::: ?.:G:-:7 GF c:-::sRs :-o us:=: s;._:D c::_;)._ssMENT .'t>.s
CONVEYED OR RESERVED IN VA.P..IOUS OTEER INST?-:;"1-'!ENTS OF RECORD,
OVER, UNDE'R, A:..ONG Ai'JD ACROSS -::::-::..;;.T PORTION 0? P.l\..~C£:!:., A, B AND
C OF P~.?.CE:!.., tv'!..)..? NO. 2993, DS~::N'EATED .'1\..T\JD DSSIGNP..':''ED AS "84'
Fl.JTURE s-::R:=:s:-OPEN ( f.'1_;;...~cA.':(IO ROP...D) " ON SAI~ ?.~cs:, ~'to.?.
23. AN AGR::EMS~':' REGJ:~::::.D :NG
19 9 5 I U?ON .,..;.:::-TE?'"'V!S I
THEREIN.
EXECUTED :SY AND BETW=:EN:
E!DDC:r:--; VA'....,LC.Y ROP..=l I DP..TE::O MARCH 6 I
cov""ENP..:-J':'S, k'ID co0;-:: IT IONS CONTAIN'ED
'ROBERT PA':'R:CK ~ET....,LY A-ND
RICEZ\..':(D C. KS~LY, CO-TRUSTEES
uuT DATED AUG~ST 3l, 1982 FOR
T::E BENEFI':' OF IREN"'E K.
E:SNDR!KS, _,.... AL AJ.'ID MSP
CP..~IFORNIA, ~LC, A COLORP-.DO
LIMITED LIA3I~ITY COM?~EY.
RECORDE:J: ~l\..~C~ 6, 1995 AS FIL'E NO. 1995-0094517 OF OFFICIAL
RECORDS.
REFERENCE IS fv1ADE TO SAID INSTRUMENT FOR Fu?.':'EER PARTIC~~S.
24. AN AGREEMENT BETWEEN DEVELOPER-OWNER AND T~E CITY OF CA.~LSBAD
FOR TEE PAYMENT OF A PUBLIC FACILITIES ?'ES FOR INSIDE THE
BOUNDk~IES OF COMMu~ITY FACILITIES DISTRICT NO. 1, RECORDED
JULY 24, 1995 AS FI~'E NO. 1995-0313l91 OF OF?!CIAT...., RECORDS.
PAGE 10
• •
OR~~K NO. 1162913-20
25. COVENANTS, CONDITIONS AND RESTRICTIONS, :=:JT DELE.:TING A....'T\TY
COVENA.J.'JT I CONDITION OR RESTRICTION INDIC.Z::..!:~;G A PRE?ERENCE I
LIMITATION OR DISCRIMINATION BASED ON ~Z::..CE, COLOR, RELIGION,
SEX, !i.ZWDIC.Z::..P I F.Z::...Iv!ILIAL ST;..TUS I OR N.Z::..TIOr-;.::..~ ORIGIN TO TEE
EXTENT SUCH COVEN?~TS, CO~wi~IONS OR RESTRI:TIONS VIOLATE ~2
USC 3604:(C), IN AN INSTRU!v!=:KT RECO!WED SE?':'E:--!3ER 8, 1995 AS
FILE NO. l995-04009l6 OF O??ICI.~2.. RECO?-DS.
2 6. THE TERMS, CONDITIONS Mw PROVISIONS CON:'?.:;.iE:J IN ."l... DOCUMENT
ENTITLED "DEED RESTRICTION", EXECUTED BY ,P....); ..... BETWEEN RICHARD
Ck~~OLL KELLY AND ROBERT PA~RICK KELLY, TR~STEES u~DER TEF.T
CERTAIN DEC~Z::..TION OF TRUST DATED AUGUST 3:, 1962, rOR TnE
BENEFIT OF IRENE K. HENDRICKS, ET M, _!)._s OWNER, ?~D TEE
CALIFORNIA COAST?..L COMM!SSION, W:··ECE REC:?.:-E:> SE?':'EM3ER 8,
1995 AS FILE NO. :!.995-04:0:0?3 OF OF?ICI.P-~ ~EC8RDS.
27. A REIMBURSEMENT AGREEMENT D~-~ED SE?TE~3ER :.:; , 1995, UPON T=:E
TERMS, COV3NANTS, kl\iw COND:T:ONS CONTP..INE:J ':'EEREIN.
EXECUTED BY AND BETWEEN: CERISTA M. !V!C?.EYNOLDS Jl..ND .ALJI..J.'\J
."l.... MCREYNOL:'S ."t...S TRUST:::ES 0?
TEE MCR:::YNO~~S F~~ILY TRUST
UNDER DECL;:~':'!ON OF TRUST
DA':':::D FE3RU.l)._=..·f 2::!.., 198 9 I ROBERT
P. KELLY A..:.'-l-:) ?.ICHARD C. KELLY
AS TRUS7£ES 0? TEE KELLY FAi'>'liLY
TRUST UNDE?. DECLk'R....~TION OF
TRUST DATED .::...UGUST 31, 19 8 2 ,
RECORDED: SEPTEMBER 14, 1995
OFFICI.l.\L RECORDS.
MSP C~IF:~~:A L.L.C., A
COLOR.~O :..:~!:TED LIABILITY
COM?.Zl...L'JY n.:--~-. ·-·-S.l.\1'13 I SEAS!DE
HEIGETS, A C~~IFO?~:A LIMITED
LI.l:GILITY C2~!?ANY.
AS F:LE NO. 1995-0410925 OF
REFERENCE IS MADE TO SAID INS'!RUMENT FOR ?"-?.':'EER PARTICULA.'R..S.
28. AN EASEMENT FOR ROADWAY CONSTRUCTION AND RE~::.':'ED IMPROVEMENTS,
TOGETHER WITH THE RIGHT OF INGRESS A.J.'JD EG~ESS ~~ INCIDENTJl.L
PURPOSES IN FAVOR OF S~.M3I SEASIDE EEIG?-TS, A CALIFORNIA
LIMITED LIABILITY COMPANY, RECORDED SE?TEM'3E?. 14, 1995 AS FILE
NO. 1995-0410925 OF OFFICIAL RECORDS, LOCJl..':'ED WITHIN A PORTION
OF SAID LAND AS SET FORTE IN SAID DOCUME~.
29. THE EFFECT, IF ANY, OF RECORD OF SURVEY~~? NO. 15061, WHICE
SETS FORTH, OR PURPORTS TO SET FORTE, CE~':'~IN DIMENSIONS AND
BEARINGS OF THE HEREIN DESCRIBED PROPER':'~.
PAGE l1
'· ·.: • •
(REV. 7/90) ORDER NO. 1162913-20
30. ~~AGREEMENT REG.~~DING PAYMENT OF A PuoLIC FACILITIES FEE FOR
INS IDE T~E B01:.!'"NDP...?~IES OF COMHUNITY FACILITIES DISTRICT NO. 1,
DATED OCTOBER 3, 1995, UPON THE TERMS, COVENANTS AND
CONDITIONS CONTAINED THEREIN.
EXECUTED 3~ P.~D BETWEEN: MS? C~IFO~~IA, L.L.C., A COLO~~O
LIMITED LIABILITY COMPAN"Y AND THE
CITY OF Ck~LSBP.n
RECORDED: ~~~C~ 19, 1996 AS FILE NO. 1996-0133726 OF OFFICIAL
RECORDS.
31. THE FOLLOWING CONDITIONS SET OGT IN CERTIFICATE OF COMPLIANCE
RECORDED 0UNE 27, 1996 AS FILE NO. 1996-0323495 OF OFFICIAL
RECORDS.
(a) !? T!-:E P...30VE OWNE?.S OR M'"Y SuoSEQU=:N:' TP-~'\fS:::'EREE OR
ASSIGNEE ACQUIRES p.~-y CONTIGUOUS PROPER:'Y OT~ER T~Jill A
LOT OR LOTS SHOWN ON A RECORDED SUBDIVISION MAP, PARCEL
MP-.P OR RECORD OF S'LJRVEY MAP FILED PURSUP. .. :'\.fT TO .ZlliD PRIOR
TO REPEAL (STATS. 1955, CH. 1593) OF SECTION 11575 OF THE
BUSI:::-rc:SS P..ND PROFESSIONS CODE;
' . (b) UNLESS THE LOT COVERED BY THIS CERTIFICATE OF COMPLIANCE
IS G:K..ZillED OR RE-GR...::W2D TO PREVENT CROSS LOT DRAINAGE
OTHERWISE CREATED BY THE CHANGES IN PROPERTY LINE
LOCATION ACCOMPLISHED HEREWITH;
(c) UNLESS DEEDS ARE EXC:·L~.NGED BY THE PARCEL OWN::::RS PURSUANT
TO S::::CTION 66412(d) OF THE SUBDIVISION~~? ACT.
(d) THE CERTIFICATE RELATES ONLY TO ISSUES OF COMPLIANCE OR
NONCOMPLIANCE WITH TEE SUBDIVISION fvf_.P..? ACT AND LOCAL
ORDINANC::::S ENACTED PURSUANT THERETO. THE PARCEL
DESCRIBED HE2EIN ~_p._y 3E SOLD, LEASED, OR ?INk'\fCED WITHOUT
FURTHER COMPLIANCE WITH THE SUBDIVISION MAP ACT OR ANY
LOC.ll.:., ORDINP..NCE ENACTED PURSUANT THERE':'O. DEVELOPMENT OF
THE PA.~CEL MAP REQUIRE ISSUANCE OF A ?::::R.rv!IT OR PERMITS,
OR O~HER GR..~~ OR GR...~TS OF APPROVAL.
THE FOLLOWING ITEMS AFFECT PARCEL 2:
3 2. AN EASEMENT A."I\J"""D RIGHT OF WAY FOR PUBLIC ROA!J PURPOSES OVER AND
ACROSS RO.;D S~VEY NO. 1534 ACCORDING TO ~~p ON FILE IN THE
OFFICE OF THE COUNTY SuKVEYOR.
PAGE 12
. \: . /( .
' ' • -~~~
~~:~ ..... ~~~ .~ '~·~:--~:r ~RM!..Eo . 1 o 6 8-2 (REV. 7/90) ORDER NO. 1162913-20 -........ . -'COMMITMENT
33. k~ EASEMENT FOR Pu~LIC ROAD AND INCIDENT~L PURPOSES IN FAVOR
OF s.r~N DIEGO COu0i'TY, RECORDED OCTOBER 5, 1899 IN BOOK 280,
PAGE 292 o= ~~~:S.
'T'··~ -~ -..... -..-ROUTE
INSTRUMEN':'.
0?. LOC.J:..TION BE FROM SA!D
RE?ERENCE IS ~L~E TO SAID INSTRu~ENT FOR Fu?.TSER P~~TICULARS.
34. k~ EASEMENT FOR RO~~WAY ~~D ~NCIDEN~-~ ?u~?OSES AS D~SCLOSED
BY RECORD OF Su~VEY MP.P NO. 5715.
3 5. AN EASEMENT Al.'JD RIG?.':' OF WAY FOR PUBLIC ROAD PURPOSES OVER AND
ACROSS ROF~ Su~VEY NO. 1534 ACCORDING ':'0 ~~? ON FI~E IN THE
OFFICE OF TEE COu'"NTY SURVEYOR AND AS G?~~N':'E:J TO TEE COUNTY OF
SAN DIEGO BY DEED RECORDED ?EBRU~~y 16, ~960 AS F~LE NO. 31696
k~D AUGUST 16 I 1960 AS FI~E NO. 2.657:!.6 I :SOT?. OF OFFICI.~
RECORDS.
SAID INSTRUMENT ~~SO G~~'JTS TEE PRIVILEGE k\D RIGHT TO EXTEND
AND tvl~INTAIN DR...~INAGE STRUCTURES k~D EXCP..VX:'ION AL'ID EMBANKMENT
SLOPES BEYOND TEE LIMITS OF SAID RIGET OF WAY W~ERE REQUIRED
FOR THE CONSTR~CTION .~'JD M?.INTENAl.'JCE TEEREOF. • .·
REFERENCE IS 1'1A.DE TO SAID INSTRffiv!ENT FOR FtiR':'HER PA..~TICULARS.
SAID G~~TOR, DOES EEREBY WAIVE ALL CLAIM FOR COMPENSATION FOR
ANY AND ALL DF..lVf_;.GES ON ACCOUNT OF THE LOCx:·:oN, ESTP..3LISHMEN':'
AND CONSTRUCTION OF SAID HIGHWAY. ·
36. THE EF?ECT, IF ANY I OF R::::CQRD OF S~JR\SY ~L:')..P NOS. 5715 AND
13466, WciiCE SETS FORTE, OR PuKPORTS TO SET FORTE, CERTAIN
DIMENSIONS Al.'J:J BEARINGS OF THE HEREIN DESCR!BED PROPERTY.
37. AN EASEMEN~ FOR Pu~LIC RO~ PURPOSES Al.~D INCIDENTAL PURPOSES
IN FAVOR OF TEE CITY OF C~LSBAD, RECORDED JULY 25, 1974 AS
FILE NO. 74-200024 OF OFFICIAL RECOR~S, DESCRIBED AS FOLLOWS:
AN EASEMENT FOR STREETS AND HIGHWF.Y PURPOSES OVER, UNDER,
ALONG AND ACROSS ALL THAT PORTION OF LOT G, RANCHO AGU~.
HEDIONDA, IN THE CITY OF C.~LSBAD, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, ON FILE IN
THE OFFICE OF TEE RECORDER OF SAID COUNTY, LYING 4:2.00 FEET ON
EITHER SIDE OF THE FOLLOWING DESCRIBED CENTER LINE:
ORDE~ NO. 1162913-20
BEGI~'"'!'iiNG AT COF'..!\.l'ER NO. 13 OF SAID LOT G OF SAID ? ..... Z\..1\JCHO AGUA
::=::.u: ONJP..; TE=::Nc=:: NORTH o o 3 1, 15 II WEST, P....:..o~rG TE=:: WESTERLY
BO~~D;2Y OF SAI~ LOT G, 2272.53 ?2::::7 70 A ?OINT OF
INT=::?..s:::c':':ON HITE 7?-:::: SOG'I'HERLY F~IG!-:7 0? WAY LINE 0? i?ALOM..Z\..~
A:~?O~T ?..OP.~ (100.00 FEET IN WIDTH) AS PER ?..OAJ SL~VEY NO.
1334: cr-; ?IL2 IN TE=:: O?FICE OF T?.E SAID CCl"C..TN7Y ~:::cor<.:E.?..; T:HENCE
p...:.,oNG TE2 s.:;.ID SOUTHERLY RIGHT 0? W.~Y L!N2 NORTE 70°12'37 11
::;_;..:;:-6:...;,.65 FE2T; THENCE SOuT~ 9°47'23" EAS':' 124.23 FEET TO
TEE T?.:TE POI~iT OF BEGINNING; T::ENCE CON':'IN"JIXG SOU':'E 9°47 I 23 II
E.:;.s'I' 5:..00 F22':' TO TEE BC::GI;:,i":NING OF ."-.. TA...'JGE:-J7 800.00 F007
~~IUS CG~VE 1 CONCAVE WESTERLY, THENCE SOU':'EE?.LY, ALONG THE
:A.";{C OF SAID Cu~VE, THROUGH A CENTR..ZU. AL'\l'GI..E OF 29°30' 52" AN A.~C
DISTA.~C2 OF 412.10 FEET TO A POINT OF REVERSE CURVATURE WITH
P.~ 800.00 FOOT R..~~IUS Cu7-VE, CONCAVE EASTERLY; THENCE
SOU'I'H=::?.LY I .rc..ONG THE :A.";{C OF SP..IiJ CURVE' :-::? .. OUGE A CENTR..Zl...I..,
ANGLE 0? 2 2 ° 5:' 4 2" k'J A..:ZC ::>:!: S':'.;.,.'\l'C:E 0? 3:. S . 2:. ?2::::':' TO T!-::E
TE.?..."'!IWJS OF SP..:D LINE P...ND TO ."-.. ?OINT IN J:... I..INE T:.:-~.T BE:A."tZS
NORT:: 85°5:'47" EAST ?ROM A POINT IN TH::S W::SS':'ERLY 30UNDA.:ZY 0?
SAID LO':' G, SA.Ii:l ?CIN':' 32:NG NORTH 0°3:.'16" ~7ES'!', ;...:.,oNG SP..:D
30u~iJP.~Y 1359.59 ?:SET FROM CO~'JER NO. 13 OF SAID LOT G.
SAID INS:'?..urvENT ALSO G? ..... Zlu.\JTS THE P::GVII..EGE A:.'\.-:· ?..IG:-:'I' TO EXTE.NJ:>
.Zl. .. ND iVT..J:...IN':'AIN D?~Zl..INAGE STRUCTUR.=:S AND EXC.2;__i!.~':'::ON A...T·-JU EMBANKMENT
SLOPES BEYOND 'I'::E LIMITS 0? SAID RIGET OF w;.:: WE~R=:: REQUIRED
FOR T::S CONSTRUCTION ~\JD MJ:..~NTE~Zlu.\JCE T::::SR£0?.
?.EFE?.ENCE IS rv!AiJE TO SP..ID INS'!'?..UMENT FOR ?G?-.':::ER PJ:...RTICuLAR.S.
42. THE ::'ACT TEA.:' 7EE OWNE?..Sr:I? OF SA:D LAND DOES NOT INCLUDE MJ:
RIGHTS 0? INGRESS OR EGRESS TO OR ?ROM PAL0~93 AIR?ORT ROAD,
PER RECO?..D OF Su"'?.VEY MAP NO. 1534 I EXIS:'ING Al.'ID FUTURE
WIDENING, W:T:: T::E EXCE?TION OF PUBLIC ST?..EET OPENINGS
DESIGNA:'ED ON ?A...~CELS C AND D OF PARCEL MAP NO. 29931 ADJACENT
THC::RE'I'OI SAID RIGE'I'S RAVING BEEN RELIN~uiSEED BY DEED
RECOR:::E:J AlJGuST 23, 1974: AS ?ILE NO. 74:-23:327 0? O?FICIAL
RECORDS.
43. AL~ AGREEMENT REG.Z\..~DING FUTu"'?.E IMPROVEMENT, DATED AUGUST 20,
19741 UPON TEE TE?-MS I COVENANTS I AND CONDITIONS CONTAINED
THEREIN.
EXECUTED BY P.~iJ BETWEEN: THE CITY 0? CARLSBAD AND
Ck~ROLL R. KE~~Y.
RECOP~ED: AUGUST 23, 1974 AS FILE NO. 74-230328 OF OFFICIAL
RECORDS.
PAGE 15
• ~~~~ '-:,:-.../~.l;O. 1068-2 (?.::.v. 7/90) ORD£~ NO. 1162913-20 -..... .. .. -·coMMITMENT
REFERENCE IS ~~E TO SAID INSTRUMENT FOR FURT~ER PARTICULARS.
4 4 . .~\l' AGR£E:--!2:J7 ? . .EG.~7(!J ING FUTti'RE IMi?ROVEr-12NT I D.:C..T£0 AUGUST 2 0 I
1974 I U?ON T~E TERMS I COVEN.Z'l.!.'\J'TS I l>.!.'\J'D CON:J:TIONS CONTAINED
T~EREIN.
EXECUTED s; F~D BETWEEN: .,.. ...... _,_ ----CITY 0? c;._7(:.,S3AD AND
Ck~ROLL R. KE:..~Y.
RECORDE::J: .~.iJGUS':' 23, 1974 AS FILE NO. 74-230329 OF OFFICIAl.,
R:SCORDS.
REFERENCE IS ~~~E TO SAID INS~RGP1ENT FOR FLS~~2~ P~RTICu~~S.
45. AN AGREEMENT ~EG.JLq,DING PAYMENT OF A PUBLIC FACILITIES FEE,
D]:>..TED OCTOBER 2 5 I 19 8 2 I U?ON Tt.:i=' TERMS, COVEN.;;.NTS I AN:J
CONDITIONS CONTAINED THEREIN.
EXECUTED BY &\l'D BETWEEN:
RECORDED: NO~M3ER 8, 1982
RECORDS.
7~:::: CITY 0? CF-3LSBAD M'"D
RICHA..~D C.i;,.P.?.O:SL KELLY AND
ROBERT PATRICK K£LLY, TRUSTEES.
F:LE NO. 82-3~3970 OF OFFICIJ.~
REFERENC£ IS MF~£ TO SA:D INS7R0r1EN7 FOR FG~7~£R ?.~TICULARS . .
46. THE FACT T~~T SAID LAND LI:SS WITHIN TEE ASS£SSMENT DISTRICT
NO. 86-1 PALOMJ.~ AIRPORT RO~~ CITY OF CAP.LS3~, AS DISCLOSED
BY INSTRUMENT RECORDED JANU&~Y 29, 1986 AS FILE NO. 86-037400,
JULY 7, l988 AS FILE NO. 88-329466, ~w ~uL~ 7, 1968 AS FILE
NO. 88-329457, ALL OF OFFICI~~ RECORDS.
REFERENCE IS ~~~E TO SAID INSTRG~ENT FOR Fu~7~2R P.IL7(TICULARS.
4 7. A PER?STUAL EASEMENT FOR O?:SN SPACE IN F.~.VOR OF CITY OF
CARLSBAD, BY DEED RECORDED AUGUST 25, 1988 AS FILE NO.
88-426568 OF OFFICIAL RECOR.:)S, WHICH PROVI:JES AMONG OTHER
THINGS, T?...;..! T::= FOLLOWING S:t-<.ALL BE ?:S?.?ORM:SD ONLY AS
PER~ITTED BY A SPECIAL USE PERMIT:
EXCAVATION, G~~:NG OR FILL:NG OF SAlD ~~~; CONSTRUCTION OF
BUILDINGS, STRUCTURES OR OTEER THINGS WFJl.':'SOEVER UPON SAID
LAND; USE OF SAID LAND FOR OTHER TF~ OPEN S?ACE ~u PARK OR
RECREATIONAL PURPOSES.
AFFECTS: ]:>..LL TH.~T PORTION OF PA.~CEL II C" I 0? p;.._R.CEL MAP NO.
2993, FI~ED IN TEE OFFICE OF THE COUNTY RECORDER OF
Sk\l' DIEGO COUNTY, AUGUST 23, 197~, IN THE CITY OF
CA.R.LSBAD I COUNTY OF SAN DIEGO I STATE OF C.Zl,LIFORNIA,
BEING MORE PARTICu-LARLY DESCRIBED AS FOLLOWS:
PAGE 16
• •
(REV . 7 / 9 0 ) ORDE~ NO. 1162913-20
BEGINNING ·AT T~E MOS'T NORT!-!=:ASTERLY COP..J.'J:SR 0? S.ll..ID .?.~~CEL II C" I
S.P-.ID ?0 ::::-r: 32 I:.iG ON TEE SO"CJ:'EERLY R:G~:' -0?-:;.;_;.y 0? PA!..O~Ll:...? •
. ~I?..POR:-;zo.:c...D, .:c..:co?..:J:Z:NG TO ROAD St.i?.VEY NO. :53~, or:-; ?ILE IN
'I'nE o:::cE o: :-~E cou""NTY st.i!~:v=:·foR o? s.:c..:D c::;:..~TY, s.:c..:o POINT
BEING ON .P-. CG?.VE CONCAVE SOUT~ERLY P."'"'J!) F_::..·,;:NG A K_".:..DIUS 0?
2..,45C.OC :--:::-, 2-. p_ll..D:.!)._L LINE TO S.:C..ID ?0:);':' 3E.::_:::,s NORTE
05°54'10" EP..ST; TEENCE ALONG TEE NORT::.:SAS':'E~2:..Y LINE OF SP..!D
?P.3CE:::.. "c" socT~ 2 so 21' 2 3" E.:;.sT ( souT~ 2 so s s' 3 s:" EAST PER
?.~~CEL !'A_:;.p NO. 2993) 59.73 '="'="=''~'TO TEE !~TE?.SECTIC'N WITE P...
NON-T~'JGE~T C~~.VE CONCAv"E SOUTHERLY ~-;v:~3 A K.~IUS OF
2,175.00 ?EE':', A ?~~I.~ LINE TO SAID ?O:~T BE?-~S NORTE
5o 4 6' 3 2 II EAST, s;..rD POINT BEING TEE TRu--s Po:N? oF BEGINNING;
THENCE WESTER::..Y ?..LONG S?.ID NON-TANGEN':' CURVE ':'~ROUG~ ;._ CENTR..~
.ANGLE 0? 2°26'32" .~'J ARC LENG':':I OF 92.7: ?EE':' TO-~ ?OINT 0?
REVE?.SE C:.i?.v;.:r~..;7.E W::'E A Cu7.VE CONCP..VE ~::?.:'~EP...STERLY P...ND
::_:\..VING l"·. K.;DIUS 0? 40.00 ?EE':'; T~ENC:E E?.S':'E?.:.;: .ll.....:..ONG S.~.:-:>
REVERS :NG CI.i"?.VE ':'~~OUG~ .1::.. CEN':'K.~ Pu'JG::..E 0? 3:.0 .:.4' 2 0" .~1\i ARC
::..ENG'TE 0? 2:.8::.. ?EET ':'0 A POINT OF REVERSE C~RVA':'DRE WITH A
Cli"RVE CCNC.;VE SOU':'::.'I'iES':'ER:::...Y P...ND r:...F.V:NG -~ K_;_:,::;s 0? 40.00 FEE':';
THENCE E.;;S:'ER:::..Y &,ONG SP...ID SC:COND REVERSING CT.TRVE TEROUGE A
CEN':'?-~ .~TGI..E o: 2 2 o 2 o ' 4 o ,, .~'J _:;...~c Lc:::--r.:::;:-~ c = 2 2 . 58 ?EET TO 2-.
POINT 0? COM?OG""ND C:TRV.P-.TURE WITn ?. CURVE: CONG\VS SOUT~SRLY AND
HAVING A K.~:~S 0~ 2,187.00 ?EET; TEENCS WES':'SRLY 2-~0NG SAID
2,187.00 FOOT ~~IuS CURv~ TEROUGn A CEX':'K.~ k~GLE OF
22 ° 3 0 I l9 If rl.N A...~C LENGTE 0? 8 59. 0 3 FEE::'; TEE~CE 'I'.Z·\NGENT SOUTH
69°43'::!.5" WEST 338.91 ?EET TO J>..N INTERSECTION W!TH THE
NORTH~i:SS:'ER.S Y :::...:.NE 0? S.~:-:> .?.:;...~CEL "C"; 7:-::SNCE A.:::...ONG SAID
w:ssTER:!:..Y LINE sm;:-:: 09°l3' 07" :s.~.sT 22.15 FEE':'; T::ENCE NOR':'::
8 5° 0 0 I 0 0 If EAS:' 7 3 . 3 6 FEE:' i T~ENCE NORT~ 4 8 ° C· 0 I 0 0" E?.ST 2 6 . 2 8 i
TEENCE NOR':'~ 6 6 o o o ' o o II E.:;.sT 2 2 8 . o o :::::E:-; T~:ENCE NOR:'n
72°00'00" E.:;.ST 220.00 ?E:C:'l'; TEENC::E NOR:':-! 77°:;::.'00" E.:C..ST 148.00
FEET; THENCE NORT~ 82°00'00" EAST 343.00 FEET; 7:-:ENCE SOUT::
8 7 o o o ' o o " EAST 151 . o o FEET; T!-r:SNCE souTE 6 5o co ' o o " E;..sT 3 6 . o o
FEET; TEENCE SOUTE 86°00'00" EAST 1:!..3.6..; FEET TO TE:S
NORT:::E.:;.STERI.."! LINE OF SAID PP..-~CSL "C"; T~ENCE NOR'I':: 28°21' 23 11
WEST 20.ll ~EET TO 'TE:S TRu""S POINT 0? BEGI~~:NG.
48. AN EASEM:SNT ?OR PU3LIC HIGHWAY AND PUBLIC U?I:..ITY Pli"R.?OSES A.l.'ID
INCI!:>ENT.~ .?~K.?OSES IN FAVOR 0? TEE CITY OF c;3LS3.P~, RECORDED
AUGUST 25, 2..988 P...S FILE NO. 88-426572 OF O??ICI.P..L RECORDS,
DESCRI3ED AS ?OLLOWS:
PAGE 17
•
ORD2R NO. 1162913-20
ALL T:L.~T PORTION 02 P.n...~CEL tl c II I OF PARCEL M.~.? NO. 2 9 9 3' FILED
:LN T~:::: O??IC:::: 0? T::S CO'C.JNTY RSCORDER 0? s;.s DI2GO CO'CJNTY,
.:;.'uGUS':' 23, 197.:;, IN T~E CITY 0? C.~-~I...SBAD, COL,"};TY 0:::' S~'J DIEGO,
S'T.::...T:::: 0? C.~!?O?,)l'I.~., BEING MO?.E PA.~TICUIJ._:l_:.,y DESC:RISC:D AS
?OLLOWS:
3EGINN:LNG A'T ":':::::: MOST NORTHEASTE?.LY CORNER 0? S.Zl...!D P.n...q_CEL "C11 ,
s.;;.:D ?O::t:N'T B2!NG ON TE:::: SOL"':'H:=::<.:::..Y RIGHT-0?-WAY 0? PALOMAR
.~:R?OR':' RO.;.:·, .~C:C:C?.DING TO RO.;;.:) Su"'RVEY NO. :534, ON ?ILE IN
THS Or?IC:=: 0? T~:::: COUNTY Su"'RV"2YOR OF SAID COG~TY, SA:D POINT
32ING ON A C:IRVE CONCAVE SOUTH"22.LY A.l.'JD FJ.:v:NG A R.:l..DIUS OF
l,450.00 F2ET A ~:;.DI.:;.L LINE: TO SAID PO:~T BE~-q_s NORTE
05°54'10 11 E.Zl...ST; T::2NCE ALONG TE"2 NORTE"2AS':'"2?.I...Y LIN"2 OF SAID
P _:;..q_cEL II c II souT:-: 2 so 21, 2 3 " ::::.Zl.S":' ( souT~ 2 so 55' 3 9 II ::::.Zl..ST PER
P~~:{C£:S rv't'w.~.? NO. 2 9 9 3) 59 . 7 3 ===~ TO T!-::S !N:'=:;:(S2C:':':ON W!TR P.
NON-'I'ANGC.:N':' CCJ?.V:::: CONCAV"2 SOC':'HSR:.. Y ?..F.V:)iG .~. R_::o •• .:y:;:us OF
2,175. 00 ?:::::::::-, .-:.. p_:~..nr.~ L:N:::: TO SAID ?S:);'':' 32.~-~S NORTH
5°46'32" ::::.::...S":'; T::2NCE WES'T"2RLY .~ONG SJl.ID ~ON-TA:.'JG2NT CURV::::
TEROUG?. F. C2NT?.,.:::l...:... F-.l'iGLE 0? 2 ° 2 5 t 3 2 II Al'J A..~C :..::::NGT:: OF 9 2 . 7l
?2E:T TO A PCIN':' 0? REVERSE: C:i?-\i.~T1JR:S WITH .::... CtJRV2 CONCAV::::
NORTH2F-.S'T2R:!:.;Y P..ND F-~.VING .!!. R.:::l..D:US OF 40.00 F::::2T; THENCE
2ASTERLY .~ONG SAI::> REV2RS ING CC.i?.if2 THROUGH 'F. C2N:'R.:?l...::.. ANGLE OF
31°:::.4'20 11 .:?l]-.T .Zl...?.C L2NGT:E OF 2:..8:. F:S:ST ':'0 'P-. ?O:N':',O? REVERS:::
CURVF-.Tu'"'2.S W:T:: A Cu"'RVE CONCF-.V"2 SOUTHWEST:=:?..:..Y .~'ID r-~VING A
RADIUS OF 40.00 ?:SET; T:1!::NC:S :S.Z\ST2RLY A:.:ONG SAID SECOND
?..:SVERS ING Cu""Rif"2 TS?..OUGE A CENTR.:;.I., P.~l\JGLE OF 3 2 o 2 0' 4 7 11 AN ARC
LENGTE OF 22.58 FEST TO A ?OINT 0? COM?Ou~ Cu""RVA':'u""RE WITH A
CL"'R'ii'E C:JNc~·,,r::; sm.J7:::=:?..LY .i\i."'Ju !--"_~ V:NG p .. _ P~Zill :!:US 8? 2 , 13 7 . 0 0 FEET;
THENCE W2ST2?-L ·::: .~ONG SA: D 2 , 18 7 . 0 0 FOOT R_:...::::;: 0S Cu?.VE THROUGH
."A. CENTP ... ~..L fu\iG:.E OF 13 ° 4 6' 3 6 11 P...N A..~C LENGTE C? 52 S. 8 6 ?EET TO
.:U'J IN':'E:?..SECT:·JN W:-::':1 TEE NO?..T:1~>i:=:ST:=:?..r..Y L:~::: 0? SA.:::> PARCEL
"C", S.:::l..::J POINT ?...:..SO BEING ON TH:2 SOUTH::::AS':':S?.LY R:GH':'-OF-WP..Y
OF PP1.LOl'•L:;R A:?.POR'T ROAD ACCORDI::-JG TO SAID ROAD S\.J"'RVEY NO.
1534; TEENC2 L"2AV:!:NG SAI::l CURVE, NON-TA:.'JG:SNT, .Zl..LONG THE
NORTh"W2S?"2RLY LI::.-.r:::: OF S.~I:J ?A.:ZCE:L "C" NOR':':: 70°45' 53 11 EAST
(NORTE 70 o 12, 3 7" E.:;.sT P:SR PP.-~CEL MAP NO. 29S3 l 2 .11 FEET TO
TEE B2G:NN:NG OF F. TANGEN':' Cu""RV:::: C:JNC."A.V:S S0:.--:':1"2?..:::.. Y !=..AV!NG ~
RADJ:US OF l, 450. 00 FEET; TE"2NC:S EASTERLY ;....:.,ONG SP..ID CURVE
T::IROUGH P.. C2N:'::L!G A:.'JGLE OF 2 5° 0 7' 17 II AN .ll.?..C :..ENGT:1 o:: 6 3 5 . 7 5
FEET TO THE POINT OF BEGINNING.
SAID INSTRu~ENT ALSO GRANTS T?.E ?RIVILEGE A:.~~ RIGHT TO EXTEND
AND r.".F-.INT.~!N D?~Zl..!N.~.G::::: STRUCTU?,E:S ~.ND :SXC.~V.~,.'!':Cm .~\J'Ll :S:'-'!3P..NKMENT
SLOP2S B2YON~ THE LIMITS OF SAID RIGHT OF WAY W.~E?..::::: REQUIRED
FOR TE2 CONST?..UCTION k~ ~L~INTEN.~~CE TH:::::REO?.
PAGE: 18
• •
0~~~~ NO. 1162913-20
RSSERVI)JG ti'N'!'O G?~1l . .NTOR OF T!;!E P..30V2 DES CRIB~:> P.J\RCEL OF LAND 1
:::s S:JCCESSORS 02. ASS:i:GNS 1 TES RIGE'!' TO E:SI:'-!:);.;.TE SUCH SLOPES
"''~--;,.-,o -.~' -y, ~--~-"~r-~~TP~-o--oR~-oN-'T··-:J-o-r."-"~N IN THt:' r'-~'4U u..... .L'!""--...~~J_-.l:.:.. ~ .. :-\.U.._ .L u ...... ;.,::, ~ ~ . .L ..l. l .:::, .. :-:=.. ..... .=. = 1 n~.::.d,: ._j
WRIT'I'E)J OPINION 0? -:::::: CITY ENG::NEER 0? G?~:;.;.\':'~~' Tn2 N:SC2SSITY
'I'::E?.£?0?.::: ::s ?.E~OVE::) BY StJ3S'!'IT'C.iTING OTEER PR07ECTION I SUPPORT
P.~D/OR D?~~I~AGE ?AC:~ITY, PROVIDED SUC~ su=s:-:TUTION IS FIRST
A??ROV:::~ IN WRITING BY SAID ENGINEER(S).
4 9. A..1\f EAS2M:SNT FOR T~E ::NSTP.LL:;T:oN, coNs7Ruc:-:::m, M.D...INTENANCE I
REPAIR, REPLAC2MENT, RECONS':"RUCTION A..t--!D :NS?:SCTION OF AN
ENCLOSED OR UNSNCLOSED FLOOD D~~INAGE C~~~EL AND ALL
S'I'RUCTu"'?.:::s INC I DEN':'?>..:.. T::£RE'I'O, A.!.\TD cO?. T::~ =~oWAG:s oF ANY
Y.IA':'ERS :!:N, OV2R, ti?ON OR 'I'EROUGE s.:..:D CrJ...!'.j~~:.., TOGE':'.ti2R WITH
T::E PER?ETU.~ RIG~':' 70 REMCVS BUI~D!NGS, S':'~SCTDKES 1 TREES,
BUSH2S, UNDSRGROH':':-:, AND .~..!'T! OTHER OBST?.:JC':':ON INTERFERING
WITE TEE USE OF SP..I:J E.:;sEMS.NT _:;_\TD ?.IGH':' -OF-r,:;:! BY TEE: GRANTEE,
ITS SUCCESSORS 02. riSS IGNS .=Dr::> :NCIDENT.i.\:.., ?:-?.?JSES IN FAVOR OF
C:TY 0? CARLSB;..D, RECORDEV .:::..UG:JST 25, .;.:::-oo AS FILE. NO.
88-425573 OF OFFICI.~ RECOR~S, DESCR:B2D AS ?~LLOWS:
A:.L T::J..'!' PORTION OF ?A..~CEL "C", 0.? ?A..D.C2~ tv'!..)..? NO. 2993, FILED
::LN THE OFF::c::::: oF TE£ couw:··~ RECORDER oF s.)..s DIEGo coUNTY I
P..UGUST 23 I 1975 I IN ':'~2 CI':'Y C? CA.~LSBAD t CJ'L'"?'':'Y OF SAN DIEGO I
STATE OF CALI?OR1'JI."'., BSING MORS ?ARTICu.!.....:. .. :J.:..Y DESCRIBED AS
FOLLOWS:
BEG:~"'l'ENG P..T T~::::: NOR':'~WESTER~-~ CO?~l\TS?. OF S.P.::J ?i-.?.CEL "C" I SAID
POINT 32ING ON T~E SOUTEE?,LY RIG!-:T-0?-w.:.."f o: ?.~OMA.":( AIRPORT
ROAD, ACCORDING TO ROAD S0?~V~~ NO. 1534, ::~~~ IN TEE OFFICE
OF TEE COUNTY SuRVEYOR OF S.ll..I:J COUN':'Y; ':'EE)i'CE A.I..ONG SAID
SO\ITEERLY RIGHT-OF-WAY, NORTE 70°46'53" EAS':' (NORTH 70°45 1 53"
EAST PER SAID ROAD SUR'ilEY NO. 1534:) 0. 85 ?2E'!' TO THE TRUE
POINT OF BEG:NNING ".'\"; T!-:ENCE LSAVING SA::> SOu'"THERLY RIGHT-
OF-WAY SOUTE 20°16'45" EAST 20.12 F:EE':'; TE:SNC~ NORTH 69°43'15"
EAS'!' 3 0 . 0 0 FE:ST; ':'EENCE NOR':'~ 2 0 ° 16 I 4 5 II 1-i~S: 19. 56 FSET TO
S.:;.ID SOG""I'E:SRLY RIGE':'-OF-W;..Y; THENCE ALONG s.:..:D RIG::T-OF-WAY,
SOUTE 70 ° 4 6 I 53 II WES':' 3 0. 0 c FEET TO TH£ TRU:S ?::NT OF BEGINNING
"A".
TOGETHSR WITH THE FOLLOWING DESCR:LBED POR':'ICN OF s;..ID PARCEL
"C":
P.ll..G£ 19
•
ORD~~ NO. 1162913-20
BEGI~"NING P..T THE NORTh"WESTERLY CORNER OF SAID ?A.q,CEL "C"; SAID
POINT 3EING ON TEE SOUTHERLY RIGHT-OF-WAY 0!=' ?.:;.:.or·t~_::::_ AIRPORT
RO.~ ACCORDI~G TO RO~ SURVEY NO. 1534 F:LE~ :x TEE OFFICE OF
7!-:E COG~TY Su?.VE!'OR CF SA:~D CGu'"N:'Y; T:::ENCE ;...:..eNG s.:;ID RIG::T-
0!='-W;..Y, NORTE 7J 0 46'53" EAST(NORTE 7°45'53" :s;..s:-PER SAID ROAD
Sw~VEY NO. 153~) 239.77 FEET TO T~E TRu~ ?C:XT OF BEGI~"N!NG
"3 11 ; THENCE LEAVING SAID SOUTHERLY RIG::T-OF-WAY SOUTH
20°15 1 ~5" EriST 5. 70 FEE':'; TEENCE NOR7E 69°.;3 1 2.5 11 EAST 20.00
FEET; T::ENCE NORTE 2 0 °16 I 4:5 II WEST 5. 3 3 FEET 70 SlHD SOUTHERLY
RIGHT-OF-WAY; THENCE .A.:.ONG SP..ID s::JC.JTH.ERLY R:GH:'-OF-WAY SOUTH
70 °46 I 53 II WEST 20. 00 FEET TO TEE TRUE POINT 0!=' 3EGINNING 11 3 II.
TOGETHER WITH THE.FOLLOWING DESCRIBED PORTION OF SAID P&qCEL
~~c~~:
BEGII<ri'ENG AT A ?OINT ON TEE NCRT::E~LY LINE o;:-s_::._:::J p_::. ... ::::.cEL "C",
SP..:D POIN':' BEING ON TEE SOu"'"':'E::SRL":( RIGET -OF -w.:.:~ 0!=' ROP....D SURV::SY
NO. 1534 I K.:.'l"OWN Jl..S p_~:>...::.,o~...A?.. ;..:R?ORT ROP....D 1 ?::...:::~ IN THE OFFIC::S
o? '1"'---cm .. ""N:-Y S'CJRVEYOR oF s.:;.:D c:JUNTY I s;._:::J POINT BEING
:ENGIN.:.ERIS ST;._TIOi'i 70-;-16.71 B.C. PER SJl..ID ?.JJl...D Su~VEY NO.
1534; TH:ENCE A.:.,ONG SP..ID SOUT::ERLY RIGHT-OF-W;..Y, EASTE?.LY ALONG
A ct.i"RVE coNCA'JE: soUTH::SRLY AND ;..-....;._v:NG p._ R.;;n:us o;:-1450. oo FEET,
TEROUGE A CENT:<...ZG J.J.'\JG:..E OF 0 °:3 I 4 s II AN P...?..C LEXG:':: 0? 5 . 8 0 FEET
TO T::= TRu=: ?OINT 0? BEGINNING 11 C"; TEENCE L~AVING SAID
SOUTH::SRSY RIGE':'-OF-WJl..Y, SOG""':'E 11°05 1 00" E;..ST 33.03 FEET;
THENCE NORTH 78 ° 55' 00 II EAST 2 0. 00 FEST; THENCE NORTE 11°05 I 00 II
WC:ST 35.67 FEE:' TO Sri.::D SOUTEC:rt..:.,Y R:!:GET-0?-;-;_:.:~ 0? S.:...:~ ROA:J
Su~VE:~ NO. ~534, SAID POINT BEING ON SAID ~,4SJ.OO FOOT ~~IUS
Cl.TRVE, ;.. R.Jl...DIA:. :..IN2 TO SAID ?O::NT BE&o;:zs NO?.':':: 2.3°1:..' 32" WEST;
THENCE W:ESTER1:..':( PGONG SAID CG?-V::S THROUGH A CE~T:<._:...L ANGLE OF
0°47 1 50" A..'\i .J:...~': :..c:NG':'E OF 20.17 FEET TO ':'H~ TRUE ?OINT 0?
BEGINNING "C".
TOGETHER WIT:! TEE FOLI..OWING DESCRIBED POR'I'ICS OF SAID P.n.RCEL
~~c":
BEGINN:NG A:' TEE MOST NORTHEAS'"l'ERLY COR..l\J::S?. 0!=' s;..:D ?ARC::SL "C",
SAID POINT BE:ING ON T::E SO'G""TEERLY RIGE'I'-OF-K.;:.:.· OF ROAD SURV.r:.·:::·
NO. 1534, fu'l"OWN AS ?F..LO~~~ A:R?ORT RO~, ?I~E~ IN THE OFFICE
OF THE COUNTY SURV:EYOR OF SAID COUNTY; THENCE ALONG SAID
SOUTHERLY RIGHT-OF-WAY, WESTER:.Y ALONG A C~Kv~ CONCAv3
SOUTHERLY AND EAVING A R.Z\.DIUS OF 14:50.00 FEET, THROUGH A
CENTR.ZG ANGLE OF 4°50'07 11 .AN A..qc LENGTH OF 122.36 FEET TO THE
TRUE POINT OF BEGINNING "D"; THENCE LEAVING S.Z\.ID SOUTHERLY
RIGHT-OF-WAY, SOUTH 1°30'15" WEST 64.99 FE~T; THENCE NORTH
88°29'45" WEST 20.00 FEET; THENCE NORTH 1°30 1 15" EAST 64.70
FEET TO SAID SOUTHERLY RIGHT-OF-WAY OF ROAD S0~VEY NO. 1534,
SAID POINT BEING ON SAID 1,450.00 FOOT R.~IUS CuKVE, A RADIAL
PAGE 20
• •
( ?-EV . 7 I 9 0 ) ORDE2 NO. 11629l3-2G
LIN!:: TO S.P-.ID POINT BEA.~S NORTH 0°16 138" EAST; THENCE EASTERLY
;...:..ONG SA:!:D CliRVE THROUGH A CENTRAL ANGLE OF 0°47 125" AN ARC
LENGT:-l OF 2C.OO FEET TO TEE T:KUE POINT OF BEG:::::NNING "D".
:? A Su~ST:~UTED D~~INAGE FACILITY(IES) IS/A?.E CONSTRUCTED ON
T:-lE RE.A.L ?:;(O?ER':'~· REFERRED TO HEREIN 1 BUT AT A DIFFERENT
LOCATION(S), TEC: G~~~TEE AGREES TO QUITCLAIM TEE EASEMENT AND
?.:GET-OF-~-~ .. '"! G:K...::u-T':i:'ED HEREIN W:t-:EN NO LONGE?.. REQUIRED I ON
CONDITION ~~-T A PER~~~ENT EASEMENT($) ~~u RIGHT-OF-WAY
R:SQU!R:S!) FO?-SAID S'CJBSTITtJ'T:S D:R..:;IN.l\GE F.l\CILIT~· ( IES) IS GR.i\.i.'l'TED
TO TEE G:K...~J~EE I W:·HCH IN TEE SOLE DISCRETION OF THE CITY OF
CARLSBAD W:LL PROVIDE AN EQUIVALENT E.Z\.SEMENT (S) A.N'D
FACILITY(IES) FOR D:R..l\INAGE AS T~_l\T CONVEYED HEREIN.
REFERENCE IS MADE TO SAID :NSTRu~ENT FOR FU~~EER PARTICULARS.
50. NOTE: ;.._ CERT:F::C.l\':'S OF COMPLIANCE .P-.FFEC~:NG THE HEREIN
DESCR:3ED PRO?ERTY WAS RECORDED FEBRUARY 15 1 :990 AS FILE NO.
90-085876 OF OFFICIAL R:SCOKDS.
51. T:i:S ?ACT :-:-:..;.:-SA:D LAA""D L:!:ES WITHIN T::= BOUNDARIES 0?
COMMCJNITY F.:l.CILITIE:S DISTRICT NO. 1 CITY OF CARLSBAD, AS
DISCLOSED 3Y INSTRUMEN':' R:SCOR.DED DECEMBER 19 1 :990 AS FILE NO.
90-0674118 0~ OFFICI-~ RECORDS. \·
A NOTICE OF S?ECIF~ T.:;x LIEN R:SCORDED ~l\Y 20, 1991 AS FILE NO.
9l-0236953 OF OFF:CI.Z\.L RECORDS
52. TE:S FACT T~':' SA:D L;u~u LIES W:TEIN TEE BOUNDARIES OF
COMMU~ITY FAC:LI~:Es DIS7R:CT NO. 21 ;~ DISCLOSED BY
INSTRu~ENT ~ECORDED OC~03ER 7, 1992 AS FILE NO. 1992-0637693
~'l'D 1992-063/694 1 BOTH 0? OFFICI.l\L RECORDS.
53. THE FACT T~~T SAID LAND LIES WITHIN THE COMrfu~ITY FACILITIES
DISTRICT NO. 3, AS D!SC~OSED BY INSTRUMENT RECORDED FEBRU~-~y
9 1 1994 AS ?ILE NO. 1994-0090630 OF O~FICI.~ RECORDS.
NOTICE OF S?ECIAL TAX L::SN CO~u~ITY FACIL!~IES DISTRICT NO.
3 OF THE C~2LS3AD UNIFI:SD SCHOOL DISTRICT wAS RECORDED APRIL
261 1994 AS FILE NO. 1994-0277976 OF OFFICI;~ RECORDS.
AN ANNE~l\TION ~~p NO. 1 OF COMMUNITY FACILITIES DISTRICT NO.
3 OF Ck~LSBAD UNIFIED SCHOOL DISTRICT, RECORDED MAY l61 1995
AS FILE NO. 1995-0205176 OF OFFICIAL RECORDS.
AN A~ENDED A.~E~l\TION ~~? NO. 1 TO BOUND~2IES OF COMMUNITY
FACILITIES DISTRICT NO. 3, RECORDED JUNE 16 1 1995 AS FILE NO.
1995-0254037 OF OFFICIAL RECORDS.
PAGE 21
• •
OR~S~ NO. 1162913-28
54. k~ EASEMENT FOR INGRESS AND EGRESS, ROAD AND UTILITY PURPOSES,
INCLuui~G 3UT NOT LIMITED TO E~ECTRIC ?OWE:?., TS~E?HONE, GAS,
W.;;TER, SEWER AND CABLE TELEV:SION LINES A..'\J .l\P?URTENANCES
TEERETO Jl.ND INCIDENTAL PURPOSES IN FAVOR 0? :--:S? CALIFORNIA,
L.L.C., A COLORADO LIMITED LIA3ILITY COMP.!l~~~ RSCORDED MARCH
6, l995 AS FILE NO. 1995-00945:5 OF OFFICI~~ RSCORDS 1 LOCATED
WITHIN TKl\T PORTION OF PARCELS A, B AND C OF P~~CEL MAP NO.
2993, IN THE CITY OF CARLSB~~~ COu~TY OF S.!l~ DISGO, STATE OF
CALIFO~~!A 1 FILED IN THE OFFICE OF TEE COUNTY RECORDER OF SA-~
DIEGO COu""NTY, AUGUST 23, l9 7 4 .l\S FILE NC. 7 4-2 3 0 3 2 6 Or
OFFICI.l\L RECORDS' DELINEATE:> ?-. .l'.ID DESIGNATED ."'-.S II 84: I FUTURE
STREET OPEN (MARCARIO ROAD) 11 ON SAID ?J\.RCEL !'-!..::..?.
55. AN AGREEMENT REGARDING
l9 9 5 , uPON THE TER.IVlS I
THERE::N.
EXECUTED BY AND BETWEEN:
HIDiJC.:\ VAI...LC:Y ?,OF.:; I J.P-.':'S'J MA?-C::-1 6 I
cov=:N.:....:.,':'S I &~v coK:::-:cms coNT.l\INE:::::
ROBERT PATR:~X KELLY ~~
?.:CED....?..D C. KE:.,:..y, CO-TRUSTEE:S
~~~ DATE'J A~G~S~ 3:1 1982 FOR
OF IRENE K.
::ENDRIKS, E':' Jl.L AND MS?
C.l\LIFO~~IA, LLC, A COLOR.l\DO
LIMITSD LI.l\3IL:":'Y COMPANY.
RECORDED: MARCH 6, 1995 AS FI~E NO. 1995-009~5:7~0F OFFICIAL
RECORDS.
56. A REIMBDKSEMENT AGREEMENT DATED SEPTEMBER ~3, :995, UPON TEE:
TERMS, COVENANTS, AND CONDITI~NS CONTAINED ':'HE:?.SIN.
EXECUTED BY AND BETWEEN:
RECORDED: SEPTEMBER 14: I 1995
OFFICIAL RECORDS.
CHRIST?-. M. M:?.S~"NOLDS A.l\JD ALJ..)T
J... MCREYNOL:JS _;.s TRUSTEES 0?
T~E MCREYNOL~S FAMILY TRUST
u~DER DEC~~':'ION OF TRUST
DATED FEBRUA?,Y 2;.., 1989, ROBERT
P. KELLY A.l\j"1J RIC!-='.ARD C. KELL':
AS TRUSTEES 0? ':'~E K:SLLY FAM!I..,Y
TRUST ~uER DEC~~TION 0?
TRUST DP..TED P..:JGUST 31, 1982,
MSP CALIFO~\IA L.L.C., A
COLORADO L:Y::~ED LIABILIT':
COMPANY A.l\j"'D SA.II.1BI SEASIDE
HEIGHTS I A CA!...I?ORNIA LIMITED
LIABILITY COM?;~r.
AS FILE NO. 1995-0410925 OF
REFERENCE IS MADE TO SAID INS7RUMENT FOR Fu~':'~E~ PA.~TICu~S.
PAGE 22
' • : J: I • •
(REV. 7 /90} ORDER NO. 1162913-20
57. AN EASEMENT FOR CONSTRUCTING, INSTALLING, MAINTAINING AND
USING THE IMP?-.8VEr1ENTS (.:;s DE?INEiJ IN 7:-:E REIMBu'""aSEMENi
AGREEMENT} Al.~ INCIDENTAL PURPOSES IN FAVOR o: SAMBI SEASIDE
EEIGETS I A C~..LIFORNIA LIMITED LI.i\SILITY C8MPANY I RECORDE:J
SEPTEMBER 14, 1995 AS FILE NO. l995-04l0925 OE:' OFriCIA.:..
RECORDS.
T::-:E ROC-rorE OR LOCA':'ION OF s;._::J E.:;SEMENT C.n...:.. ...... -::;cc BE DETER.!'v!INE:J
FROM THE RECORD.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FUK':':-:ER P.~~TICUL.:;RS.
58. AN AGREEMENT REGARDING CONTRIBUTION AND ACQUISITION, DATED
APRIL 30, 1997, UPON T!-:E TE?-.MS, COVENA.l'f:'S, Pu'-I"'D CO~"'DITIONS
CONTAINED T~EREIN.
EXECTJTE:J BY &\l'D BETWEEN: RICSZ\RD C. K:::::.:LY A.J."\j:J ROBE?,':'
PA~R!CK K3~~Y, AS TRUSTEES Al~:J
~LEN DEV'E:.:C?~·ENT, INC. I J::..
CALIFOP-~:A COR.?0~~7ION AND
KELLY ~~~C~ COR?O~~TE CENTER I,
L.L.C., A DEh~~~~E LIMITED
LIABILITY COM?;~~-
RSCORDED: M.i;.Y 2, 1997 AS ?ILE NO. 1997-0203.;45 OF OF?ICI.~
RECORDS. ~-
59. AN AGREEMENT REG.Z\RDING T:SMPO~!I...~Y SOIL EJ..SEMENT AND NON-
EXC!.,USIV:S .:;ccEss EASEMEN':'S, DA':'ED A?RIL 3c, 1997, U?ON T:-:E
TE~~S, COVE~~\l'TS, -~~D CONDITIONS CONTAINED ':'?.EREIN.
EXECUTED BY Ai\l'D BETWEEN: RIC::.ARD C. F.E:..LY ~.1-Ju ROBERT
?ATRICK KEL:..Y 1 TRUSTEES AND
K2LL y RANC~ C:>?-POR.t..':'E: CENTER I I
LLC, A DEh:;W~~E LIMITED
LIABILITY COM?J.~~-
RECORDED: MAY 2, 1997 AS FILE NO. 1997-0203447 OF OFFICIAL
RECORDS.
60. THE REQUIREMENT T~:;T THIS COMPru~ BE FURNIS~E~ A CO?Y OF THE
PARTNERSHIP AGREEMENT AND-~~r AMENDMENTS 7~ERETO OF KILROY
REALTY, L.P., A DELAWARE LIMITED P~~TNERSE:?.
PAGE 23
\ · .. •
(REV. 7 /90)
1996-1997 TAX INFORMATION:
CODE AREA:
P A.q_CEL NO . :
1ST INSTALLMENT:
2ND INSTALLMENT:
LAl.'\fD VALUE:
IMPROVEMENTS:
EXEMPT:
CODE A.~EA:
PARCEL NO.:
1ST INSTALLMENT:
2ND INSTALLMENT:
LAND VALUE:
IMPROVEMENTS:
EXEMPT:
09018
212-040-35-00
$8,125.12 PAID
$8,125.12 PAID
$375,276.00
$-0-
$-0-
09018
212-040-48-00
$9,052.50 PAID
$9,052.50 PAID
$741,810.00
$-0-
$-0-
PAGE 24
ORDER NO. 1162913-20
~~!~~ ~~-~ •
~?.:~ ~~~~fff~Jro. 1068-2 (REV. 7/90)
COMM I T~!SNT
LSGA.:. DSSCR!?'T!ON
•
ORD~~ NO. 1162913-20
-:::::: :....=0m :s>.SFS?.?.SD 'TO E::::?.SIN IS SITUATED IN TEE ST.=-.:-=: OF C.~IFORNIA,
C8t.)f.J':"~ OF S.~\J iJ ISGO, .ll . .ND IS DESCRIBED AS FOLLOWS:
?.Zl-~CEL 1:
':'::osE PORTIONS OF PA.~cE:ws "A", "B" & "C" oF P.ZL~c~:.. MAP NO. 2993
IN TEE CITY OF CARLSB~~' COUNTY OF SAN DIEGO, STA:-S OF CALIFORNIA,
FILED IN TEE OFFICE OF TEE COUNTY RECORDER OF S~~ DIEGO COUNTY,
~~GGS':' 23, 2.974 AS F:LS NO. 74-230326 OF OFFIC:;~ RECORDS OF Sk\J
:J I EGO CCt.!""N':'Y s::ovrN AS .ll.,:)JUS':'E:J P ;.3.C'SL 1 ( KS:.:.. Y PROPERTY) IN
CER':'IF:CATE OF CQM?LIAi\JCE RSCQRDED ON ~;y 9, 1997 ~S FILE NO. 1997-
0215970 OFF:CI.~ RSCORDS OF SAID Sr~ DIEGO COD~':':, ~\JD BE:NG MORE
?.~~T:CU~~LY DESCR:3ED AS FOLLOWS:
3SG:Ni'ENG A":: TEE SOUTE-:.""WSS':' CQRNSR OF P.ll-~CEL ".P-." C? PARCEL M.~P NO.
2993; TEENCE .~ONG TEE WESTEP.LY LINE OF SAID P.::.3CEL ".l;.", NORTE
00°0l'57" EAST (RECORD NOR':!:'E 00°31'2.5" WEST 712.~4 FEET PER P.M.
NO. 2993} 715.53 FSE"'::; THENCE LSAVING SAID WESTER:..Y LINE OF P&~CEL
"A", NORTH 70°45'32" E.l;.ST 695.77 FEET; THENCE SOLJ:":-i 15~13'13" EAST
:.:1.42 FEET TOTES BEGIN~ING OF A T.~GSNT 500.00 FOOT ~~IUS CURVE
CONCAVE WESTERLY; THENCE SOUThwESTERLY ALONG THE ;_~C OF SAID CURVE
':'EROuGE P·. cEN':!:'~Zl-=-.1\!.\J'G::..E oF 2? o::. 7, o s" A D ISTANC~ oF 2 s 5 . s 6 FEET;
':':!SNc:::: SOU':'H 14 o o3' 52" w::::sT l48. 92 FE::::T; THENC~ souTE 73 o 59' 53"
WEST 3 9 . 2 9 FEST; THENCS SOU':'H 14 ° 0 3 ' 52". WEST 9 2 . 0 2 FEST TO TEE
3EG:~"NING OF A T.ZL\JGEN':!:' 534. 00 E'OOT R.;DIVS CURVE c:mc.~VE EASTERLY;
THSNCS SOUT?.SRLY .~ONG TES .:;?.C OF S.Z\.:D CURVE :-::::tOUGF. A CENTR.~
ANGL:C: OF 15 ° 4 5' 0 0" A DIS'":'AJ.\JCS OF 14 6. 79 to c.=.._; THENCE SOUTH
01°41'08" ::::AST 167.42 FSET TO A POINT ON T2:S COM.lVlJN SOUTHERLY LINE
OF PA."<.CE:..S "A" A.l.\JD "B" OF PARCEL MAP NO. 2993, ':HENCE ALONG SAID
SO'CJ'I'H2RLY LINE, SOUTH 87°13'10" WSST (RECORD SOu""':H 86°51'47" WEST
?SR P.i'v!. NO. 2993) 582.64 FEET TO TH2 POINT OF B:::-3INNING.
?.'\...~CEL 2:
THAT PORTION OF ?A..~CEL "C" OF ?.l:I.RCEL MAP NO. 2993, IN THE CITY OF
CARLSBAD, COUN?Y OF SA.T\J DIEGO, STATE OF CALIFOR:C.~, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 23, 1974
AS FILE NO. 74-230326 OF OFFICIAL RECORDS AND SHO~~ AS PARCEL 2 OF
AD00STMENT PLAT RECORDED MAY 9, 1997 AS FILE NO. 1997-0215971 OF
OFFICIAL RECORDS BEING MORE PARTICtJ~~LY DESCRIB:::D AS FOLLOWS:
P.~GE 25
J • •
(REV. 7/90) ORDER NO. 1162913-20
BSGINNING AT THE SOUTHWEST CORNER OF PARCEL 11 A" OF PA..~CEL MAP NO.
2993; TH.SNC.S ALONG THE SOUTH.SRLY LINE OF SAID PARCEI... "A" A.J.'IlD PARCEL
"3" OF SAID PA.':{CEL tvLL;.?, NORTH 87°13'10" EAST 616.64 FEET; THENCE
LEJI..VING SAID SOUTHERLY LINE, NORTH Ol 0 41'08"WEST 166.77 FEET TO THE
B.SGINN::i:NG OF Tk'\JGEN':' 500.00 FOOT R.~..DIUS CURVE CO~:C.L;.VE EASTERLY;
TH.SNCS NORTHEASTERLY Jl.~ONG THE ARC OF SAID CURVE TH~OUGH A CENTRAL
k'TGLE OF 15°45'00" A DISTANCE OF 137.44 FEET; THENCE NORTH
l4°03'52" EJI..ST 111.70 FE£7 TO TEE TRu'"E POINT OF BEG:i'<"NING; THENCE
CONTINUING, NORTH 14°03'52" EAST 148.92 FEET TO THE BEGINNING OF A
T.~GENT 500.00 FOOT R.L;.DIUS CURVE CONCAVE WES7£RLY; THENCE
NORTHEASTERLY ALONG THE A.~C OF SAID CURVE THROUGH A CENTRAL ANGLE
OF 29°17'05" A DISTA..l\JCE OF 255.56 FEET; THENCE NORTH 15°13'13 11 WEST
111.42 FEET; THENCE NORTH 70°45'32" EAST 588.67 FEET TO THE
BEGINNING OF A NON-TANGENT 2187.00 FOOT R.L;.DIUS CURVE CONCAVE
SOUTHEASTERLY, A RJ..DIAL LINE TO SAID POINT BEARS, XJRTH 11°39'47"
ltiEST; T:iENCE NORTH.S.~.STERLY ALONG THE ARC OF SAID C""..J?..VE THROUGH Jl..
CSNTR..~ ANGLE OF 02 ° 03' 24" A DISTANCE OF 78. SO FEE':; THENCE SOUTE
ll 0 25'05" EAST 514.09 FBET TO THE BEGI~"NING OF A NOK-TANGBNT 800.00
FOOT RJ...DIUS Cu7..VE CONC.Z\VE SOtJTHEASTBRLY, A R.Z\DI;..:.. TO SP..ID LIN:2
BEARS, NORTH 11°25'05" WEST; THENCE SOUTHWESTERLY ;...:..ONG TH::: A..~C OF
S.Z\ID CURVE THROUGH .n.. CENTRAL .ZLl\J'GLE OF 04°35' 02" A D:STANCE OF 64.00
FEET; THENCE SOUTH 73°59'53" WEST 704.22 FEET TO THE TRUE POINT OF
BEGINNING.
PAGE 26
Form 1349
CLTA Guarantee Face Page
(Revised 12/15/95) •
First American Title Insurance Company
too'
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND THE
CONDITIONS AND STIPULATIONS OF THIS GUARANTEE,
First American Title Insurance Company
a corporation, herein called the Company
GUARANTEES
the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability amount
stated in Schedule A, which the Assured shall sustain by reason of any incorrectness in the assurances set
forth in Schedule A.
First American Title Insurance Company
BY r?4 d.l;;~~-4rRESIDfm
IC?O I
SCHEDULE A
PROPERTY OWNER'S NOTICE GUARANTEE
ORDER NO. 154289A-M LIABILITY $200.00 FEE $125.00
1. NAME OF ASSURED: THE CITY OF CARLSBAD
2. DATE OF GUARANTEE: JUNE 30, 1999
THE ASSURANCES REFERRED TO ON THE FACE PAGE HEREOF ARE:
1. THAT, ACCORDING TO THE LAST EQUALIZED ASSESSMENT ROLL
("ASSESSMENT ROLL") IN THE OFFICE OF SAN DIEGO COUNTY
ASSESSOR'S OFFICE
A. THE PERSONS LISTED BELOW AS "ASSESSED OWNER" ARE
SHOWN ON THE ASSESSMENT ROLL AS OWNING REAL
PROPERTY WITHIN 100 FEET OF THE LAND IDENTIFIED
ON THE ASSESSMENT ROLL AS ASSESSOR'S PARCEL
NUMBER (S) :
212-040-35, 48, 55
B. THE ASSESSOR'S PARCEL NUMBER (APN) AND ANY
ADDRESSES SHOWN BELOW ARE AS SHOWN ON THE
ASSESSMENT ROLL.