HomeMy WebLinkAboutV 334; SIXPENCE INNS; Variance (V) (7)—
A PR L_A I 1982
a
REQUEST
• Zone Change 0 Precise Development Plan • General Plan Amen&nent 0 Specific Plan
o Tentative Tract Nap 0 Site Development Plan
o Planned Unit Development 0 Conditional Use Permit
o Major Condominium Permit H Variance
O Minor Condominium Permit 0 Planning Camiiss ion Determination
O Master Plan 0 Special Use Permit
O Major Condominium Conversion LI Aàministrat.ive Variance
Complete Description of project (attach additional sheets if necessary)
New freeway sign for motel, restaurant and service station
Location of Project
NWC of Elm Avenue & Interstate 5
Lega1 Description (rlete)
Accessor's Parcels 203-320-03; 04; 05; 06; 12; 21; 23; 32; 33; 34; 35
See attached "Statement of Vesting"
Assessors Parcel Number- 203-320-
03; 04;05;_06;_12_2.1;_23;_32;33; 34; 35
Zone General Plan Existing Land Use
C-2 Commercial B-i
Proposed Zone Proposed General Plan Site Acreage
N/A N/A 163,675 sq. ft.
Owner Applicant
ame (Print or Tve) Nane (Print or Type)
Sixpence Inn of Carlsbad, Ltd.
Sixpence Inns of America, Inc., et al By Sixpence Inns of America, Inc., General Part
Mailing address Mailing Address
1751 E. Garry Avenue, Suite "C" 1751 E. Garry Avenue, Suite C
1C.ty and State Zip Telephone City and State Zip Telephone
Santa Ana, CA 92705 (7 14) 540-0985 Santa Ana, CA 92705 (7 14) 540-0985
I CERTIFY THAT I ?M TrE IEGJL OWNER AND I CERTIFY THAT I AM THE OWNER'S REPPESENTIVE
AT ALL THE ABYJE IORTIOW IS TRUE ANI) THAT zu THE ABOVE LNEORKNTION IS TRUE
LM CORRECT TO ]I BEST OF MY IOWIED AND CORRECT 110 THE BEST OF MY IctOLEDGE
DATE GNAI
D te pplication Rec 'd Rived By - Receipt
te Arplicaion Received Staff Assigned Case Nrber
Jww
z
çlf after the information you have submitted has been reviewed, it is deteine
that further information is required, you will be so advised
Sixpence nn of Carlsbad, Ltd.
APPLICANT: By Sixpence Inns of America, Inc.
Name (individual, partnership, joint venture, corporation, syndication)
1751 E. Garry Avenue, Suite "C"; Santa Ana, CA 92705
Business Address
(714) 540-0985
Telephone Number
AGENT: Donald E. Sodaro
Name
1751 E. Garry Avenue, Suite "C", Santa Ana, CA 92705
Business Address
(714) 540-0985
Telephone Number
frEBES: Sixpence Inns of America, Inc. N/A
Name '(individual, partner, joint - Eome Address
venture, coxooration,- syzication)
- 1751 E. Garry Avenue, Suite "C", Santa Ana, CA 92705
Business Address
(714) 540-0985
Telephone Number Telephone Number
John Grant
21:056 Skyline Road, Carlsbad, CA
Home Address
Business Address -
(7 14) 729-2643
Telephone Nber - Telephone Number
Jerry Estow
Jerry Estow (Denny's)
R.J. Silbaugh
Harold Butler Ent., #362, Inc. Chevron U.S.A., I nc.
14256 E. Firestone Blvd. P.O. Box 283
LaMirada, CA 90637
La Habra, CA 9063.1
(714) 739-8100
(213) 694-7474 -
(Attach more sheets if necessary)
I/;e declare under Penalty of perjury that the information contained in this dis-
closure is true and correct and that it will remain true and correct and may be
relied uDon as being true and correct until amended-
Sixpence Inn of Carlsbad, Ltd.
By Sixpence Inns of America, Inc.
Donald E. SQdaro, President
Apolnt
BY J/''.
Agent, Owner, Partner
.JPPLESMrAL INFOR:LNTION FORM
VARIANCE
1) Gross Acres (or square footage, if less than acre)
2) Zone C-2
3) General Plan Land Use Designatii Commercial
4) By law a Variance may be arcved Cflly if certain facts are ford to exist.
Please read these requirements carefully and explain ho the proposed
project meets each of these facts. Use additicrial sheets if necessary..
a) Explain wTy there are excepticnal or extraordinary circumstances or
caditiais applicable to the property or to the intended use thet do not
apply generally to the other property or class of use in the same vicinIty
and zcrle: Due to the elevation deifferential between the subject property and
the' freeway (a'Pproximately 12-feet), the height of trie treeway orientRl 91-gn = must be raised to enable passing motorists to Be made aware of the facilities
available. The additional 8 feet required, above the allowe a Height would bring
the total height Of the sign to 58 feet.
b) Explain why such variance is necessary for the preservaticxi and
enjoyment of a substantial property right, possessed by other property in
the same vicinity and zaie but which is denied to the property in question:
Other freeway signs at the interchange are at a height consistent with our
variance application. The Texaco s is a single use sign with an allowed
usly approved.
c) Explain w'ny the granting of such variance will not be materially
detri'ita1 to the public welfare or injurious to the property or
in such vicinity and zone in s'nich the property is located
The variance will actually be advantageous to the public as the sign will
draw more motorists to the village area, providing additional tourist s pendinç
in shops and increased room ta revenue for the City. This variance will hay
no effort on piihlir, cafty oQU P PtY and improvements in the vicinity.
a) Explain why the granting of such variance will not adversely affect the
corp:cehensive general plan: The sign height of 58 feet has no effect on the
general plan as the zoning and land u se propose are cons-i-s-tent with the general plan.
OCT27 jj 11 W-3?6 385
FILE I PAGE P40. USEfl BOOK 1981
RECORDED REQUEST OF FEE
LAND TITLE INSURANCE CO.
; jo OCT 15 8:00 AM'81
OFFICIAL RECORDS M F SAN DIEGO COUNTY, CALIF.
VERA L. LYLE
.J 15L//O RECORDER $300
RECORDERS USE ONLY
CORPORATION GRANT.. DEED
RECUR DING REQUESTED BY
SOUTHWEST BANK •81 MA V TAX STATEMENT TO
I'
Same as below
WHEN RECORDED MAIL TO
Sixpence Inns of America, Inc.
Street Suite C
1751 E. Garry Ave.
ta Ana, Ca. 92705
ORDER NO. 331498-F
ESCROW NO. 2-2210 -
Furnished by Terra Title Company
The undersigned grantor(s) declare(s): TRANSFER TAX PAID Documentary transfer tax is $ 11 6.60 SAN DIEGO COUNTY RECORDERi
Computed on full value of property conveyed, or
(XX) Computed on full value less value of liens and encumbrances remaining at time of sale.
Unincorporated area (XX ) City of Carlsbad
Tax Parcel No. 203-320-04
MENTOR INVESTMENT COMPANY, INC., A CORPORATION
FOR A VALUABLE CONSIDERATION, DOES HEREBY GRANT TO SIXPENCE INNS OF AMERICA, INC.,
a California corporation
the real property in the County of San Diego , State of California, described as:
That portion of Tract 117 of CARLSBAD LANDS, in the City of Carlsbad, County of San Diego,
State of Claifornia, according to Map thereof No. 1661, filed in the office of the County
Recorder of San Diego County, March 1, 1915, described as follows:
BEGINNING at the point of intersection of the Northwesterly line of Elm Avenue, which is
also the Southeasterly line of said Tract 117, with the Westerly boundary line of Tract
119 of said Carlsbad Lands, as shown on said Map; thence South 55°27'00" West along the
Southeasterly line of said Tract 117, a distance of 1330.91 feet; thence North 34 033'00"
West, a distance of 140.00 feet to the TRUE POINT OF BEGINNING; thence South 55°27'00"
West, a distance of 50.00 feet to a point on the Northeast line of that parcel of land
described in Deed to Stella Hay Brown, et al, recorded October 17, 1944 in Book 1764,
page 211 of Official Records; thence North 34 0 33 1 00u West along the Northeast line of
said Brown's land, a distance of 310.00 feet to a point in the Southeasterly line of that
certain parcel of land described in Deed to Augusta Asmus, recorded July 20, 1920 in
Book 524,page 17 of Deeds; thence North 55 027'00" East along the Southeast line of said
Asmus land, a distance of 50.00 feet to a point which bears North 34°3300 West from
the True Point of Beginning of the parcel of land herein described; thence South 34 0 33'00"
East, a distance of 310.00 feet to the TRUE POINT OF BEGINNING.
Dated: March 4, 1981 -
STATE OF CALIFORNIA -
COUNTY OF San 'Diego
On —Oc-tober ('7 19 81
before me, the undersigned, a Notary Public in and forsaid
County and State, personally appeared
MENTOR INVESTMENT COMPANY, INC., Calif. corp
Nile
known to me to be the President, and
By
Secretary
known to me to be the -_- - -_ Secretary
of the Corporation that executed the within Instrument on
behalf of the Corporation therein named, and acknow-
ledged to me that such Corporation executed the within
Instrument pursuant to its by-laws or a resolution of its
d of directors.
WITNESS my hand and official seal.
and for said County and State.
- OFFICIALESEAL
$AUY I.. DOSON jNOTAIY PUBLICOAN$A
SAN DIEGO TY rMy Comm. Ezp
MAIL STATEMENT AS DIRECTED ABOVE
SIXPENCE INN
W'A I k 01 1 BEST of the BUDGETS
TO SATISFY ITEM L
IN PLACE OF DEED
STATEMENT OF VESTING
Individual parcels identified as number 1 thru 6 on the attached map
are owned by Mr. John Grant. Mr. Grant is the Lessor for this motel.
A formal lease has been executed between Sixpence Inn of Carlsbad, Ltd.
and Mr. John Grant.
Parcel No. 7 is owned by Sixpence Inns of America, Inc.
Parcels No. 8 and 9 are owned by Mr. Robert Sonneman. Mr. Sonneman
has reviewed our site plan and has initialed approval for our comprehensive
site plan subject to the provision that Sixpence is responsible for the cost
of any improvements erected on his property.
Parcel No. 10 is owned by Mr. John Grant and leased on a long term
basis to Denny's, Inc.
Denny's, the Tenant in Interest for property No. 8 and 10, has reviewed
our comprehensive site plan. Mr. Jerry Estow is Director of Property Manage-
ment and Mr. Bhal Kavethekar is the Chief Architect. Both Mr. Estow and
Mr. Kavehtekar have approved our proposed plan. They can be reached for
confirmation at (714) 739-8100 or (714) 994-2010.
Chevron-U.S.A. is the Tenant in Interest on the property designated as
No. 9. Mr. Bob Silbaugh is the Director of Property Management for Chevron.
He has reviewed our site plan and has approved our proposed plan. He can
be contacted our confirmation at (213) 694-7476.
SIXPENCE INNS OF AMERICA, INC. - EXECUTIVE OFFICES
1751 E. GARRY AVE., SUITE C, SANTA ANA, CA. 92705
(714) 540-0985
I
.
Page Two
ALL PROPERTY OUTLINED IN YELLOW WILL BE CONSOLIDATED UPON APPROVAL
FROM THE VARIOUS GOVERNMENTAL AGENCIES FOR THE SIXPENCE INN PROTECT.
The above description is the correct representation of the current status of
vesting for these properties.
Very truly yours,
SIXPENCE INNS OF AMERICA, INC.
6~6' a, "
Peter A. Trapolino
Construction Manager
/rc
End.
ter recrding return to:
• •
ty ofCarlsbad
00 Elm Ave.
risbad, CA 92008
AGREEMENT BETWEEN OWNER, DEVELOPER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this_20 th_day of January
19, by and between
Sixpence Inn of Carlsbad, Ltd.
(Name of Deve1ope)
a Limited Partnership
(Corporation, partnership, etc.)
hereinafter referred to as "Developer" whose address is
1751 E. Garry Avenue, Suite "C"
(Street)
Santa7 Ana, CA 925
- (City, state, zip code)
and Sixpence Inns of America, Inc.
(Name of Legal Owner)
a Corporation
(Corporation, etc.)
hereinafter referred to as "Owner" whose address is
1751 E. Garry Avenue, Suite "C"
(Street)
Santa Ana, CA 92705
(City, state, zip code)
AND
the CITY OF CARLSBAt, a municipal corporation of the State of California,
hereinafter referred to as "City", whose address is 1200 Elm Avenue,
Carlsbad, California, 92008.
prTrp7T.c
WHEREAS, Owner is the owner of the real property described
on Exhibit "A", attached to and made a part of this agreement, and
hereinafter referred to as "Property"; and
1~ rn~ V- 33~
WHEREAS, the Property lies within the boundaries of City; and
WHEREAS, Developer has contracted with Owner to purchase the
Property and proposes a development project as follows:
109 guest room motel plus manager's unit
on said Property, which development carries the proposed name of
Sixpence Inn of Carlsbad and is
hereinafter referred to as "Development"; and
WHEREAS, Developer filed on the 20th day of January
19_82_, with the City a request for variance
(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 incorporated by this reference); and
WHEREAS, Developer, Owner and City recognize the correctness
of Council Policy No. 17, dated August 29, 1979, 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 need for public facilities and services resulting from
the proposed Development; and
WHEREAS, Developer and Owner have 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
2.
Developer and Owner are aware that the City cannot and will not be
able to make any such findings without financial assistance to pay
for such services and facilities; and, therefore, Developer and
Owner propose to help satisfy the General Plan as implemented 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:
1. The Developer and Owner shall pay to the City a public
facilities fee in an amount not to exceed 2 00- of the building
permit valuation of the buildings or structures to be constructed
in the Development pursuant to the Request. The fee shall be paid
prior to the issuance of building or other costruction 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. A credit toward such fee shall be given for land which has
been dedicated for park purposes or for any fees paid in lieu
thereof pursuant to Chapter 20.44 of the Carlsbad Municipal Code.
Developer and Owner shall pay a fee for conversion of existing
buildings or structures into condominiums in an amount not to
exceed 2% of the building permit valuation at the time of conversion.
The fee for a condominium conversion shall be paid prior to the -
issuance of a condominium conversion permit as provided in Chapter
21.47 of the Carlsbad Municipal Code. Condominium shall include
community apartment or stock cooperative. The terms "other construction
permits", "other construction permit" and entitlement for use" as
3.
'I
used in this agreement, except in reference to mobilehome sites or
projects, shall not refer to grading permits or other permits for
the construction of underground or street improvements unless no
other permit is necessary prior to the use or occupancy for which
the development is intended. Developer and Owner shall pay to
City a public facilities fee in the sum of $1,150 for each mobile-
home 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. A credit toward such
fee shall be given for land which has been dedicated for park
purposes or for any fees paid in lieu thereof pursuant to Chapter
20.44 of the Carlsbad Municipal Code.
2. The Developer and Owner 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 and
Owner offer to donate a site or sites for public facilities, the
City shall consider, but is not obligated to accept the offer. The
time for donation and amount of credit against the fee shall be
determined by City prior to the issuance of any building or other
permits. Such determination, when made, shall become a part of
this agreement. Sites donated under this paragraph shall not
include improvements required pursuant to Titles 18 or 20 of the
Carlsbad Municipal Code.
3. This agreement and the fee paid pursuant hereto are
required to ensure the consistency of the Developmen€ with the
4.
4
•1
City's General Plan. If the fee is not paid as provided herein, the
City will not have the funds to provide public facilities and services,
and the Development will not be consistent with the General Plan and
any approval or permit for the Development shall be void. No building
or other construction permit or entitlement for use shall be issued
until the public facilities fee required by this agreement is paid.
4. City agrees to deposit the fees paid pursuant to this
agreement in a public facilities fund for the financing of public
facilities when the City Council determines the need exists to provide
the facilities and sufficient funds from the payment of this and
similar public facilities fees are available..
5. City agrees to provide upon request reasonable assurances
to enable Developer and Owner to comply with any requirements of
other public agencies as evidence of adequate public facilities and
services sufficient to accommodate the needs of the Development
herein described.
6. All obligations hereunder shall terminate in the event
the Requests made by Developer and Owner are not approved.
7. Any notice from one party to the other shall be in
writing, and shall be dated and signed by the party giving such
notice or by a duly authorized representative of such party. Any
such notice shall not be effective for any purpose whatsoever
unless served in one of the following manners: . .
7.1 If notice is given to the City by 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,
5.
:.
.
enclosed in a sealed envelope, addressed to the City for attention
of the City Manager, postage prepaid and certified.
7.2 If notice is given to Developer by personal delivery
thereof to Developer or by depositing the same in the United States
Mail, enclosed in a sealed envelope, addressed to Developer at the
address as may have been designated, postage prepaid and certified.
7.3 If notice is given to Owner by personal delivery
thereof to Owner or by depositing same in the United States Mail,
enclosed in a sealed envelope addressed to Owner at the address set
forth herein or at such other address as may have been designated,
postage prepaid and certified.
8. This agreement shall be binding upon and shall inure to
the benefit of, and shall apply to, the-respective successors and
assigns of Developer, Owner and the City, and references to Developer,
Owner or City herein shall be deemed to be reference to and include
their respective successors and assigns without specific mention of
such successors and assigns. If Developer should cease to have any
interest in the Property, all obligations of Developer hereunder
shall terminate; provided, however, that any successor of Developer's
interest in the Property shall have first assumed in writing the
Developer's obligations hereunder.
At such time as Owner ceases to have any interest in the
Property, all obligations of Owner hereunder shall terminate;
provided, however, that if any successor to the Owner's interest in
the Property is a stranger to this agreement, such successor has
first assumed the obligations of Owner in writing in a form
6.
acceptable to City.
9. This agreement shall be recorded but shall not create a
lien or security interest on the property. When the obligations of
this agreement have been satisfied, City shall record a release.
IN WITNESS WHEREOF, this agreement is executed in San Diego
County, California as of the date first written above.
OWNER: DEVELOPER:
Sixpence Inns of America, Inc.
1751 E. Garry Avenue, Suite "C"
Santa'Ana, CA 92705
ATTEST:
Sixpence'Znn of,Carlsbad,,Ztd.
B4 4~ /L/
ia1d E. Sodaro, President
Sixpence Inns of America, Inc.
Title General Partner
By
William A. Caine, Vice Pres(dent
Title SixpenceInnsofAmerica,Inc.
General Partner
CITY OF CARLSBAD, a municipal
corporation of the State of California
By
ALETI-IA L. RAUTENKRIINZ, City Manager
City Clerk
APPROVED AS TO FORM:
STATE OF CALIFORNIA,
5s.
COUNTY OF ORANGE
On this ----20thdayof January _______,1982
before me, the undersigned, a Notary Public in and for said State, personally appeared
DONALD _E._SODARC) ,known to me to be the
-President, and WILLIAMA.CAINE,JR. , known tome
to be the -------- Secretary of SIXPENCE INNS
OF AMERICA, INC.
the corporation that executed the within instrument and known to me to be the person ._s.
who executed the within instrument on behalf of said corporation, said corporation being
BETTY M. WHITE known to me to be a general partner of SIXPENCE INN OFCARLSBADL L
Notary Public-Callforrk a partnership, the partnership that executed the within instrument, and acknowledged to me
Oiange County that such corporation executed the same as such partner and that such partnership executed
My Comm,ssuon UP. F*. 1 the same.
WITNESS my hand and official seal.
~M ~!
EXHIBIT "A
LEGAL DESCRIPTION
That portion of Tract 117 of CARLSBAD LANDS, in the City of Carlsbad, in the
County of San Diego, State of California, according to Map thereof No. 1661,
filed in the 9ffice of the County Recorder of San Diego County, March 1, 1915,
decribed as follows:
Beginning at the Point of Intersection of the Northwesterly line of Elm Avenue,
which is also the Southeasterly line of said Tract 117, with the Westerly boundary
line of Tract 119 of said Carlsbad Lands, as shown on said Map; thence South 55°27'
West along the Southeasterly line of said Tract 117, a distance of 1330.91 feet;
thence North 34033! West, a distance of 140 feet to the TRUE POINT OF BEGINNING;
thence South 5527' West, a distance of 50 feet to a point on the Northeast line
of that Parcel of Land described in deed to Stella Hay Brown, et al, recorded
October 17, 1944 in Book 1764, page 211 of Official Records; thence North 3433'
West along the Northeast line of said Brown's land, .a distance of 310 feet to a point in
the Southeasterly line of that certain Parcel of land described in Deed to Augusta
Asmus, recorded July 20, 1920 in Book 824, page 17 of Deeds; thence North 55027!
East along the Southeast line of said Asmus land, a distance of 50 feet to a point
which bears North 3433' West from the TRUE POINT OF BEGINNING of the Parcel
of Land herein described; thence South 3433' East, distance of 310 feet to the
TRUE POINT OF BEGINNING.
APN* 203-320-04
V _~) ~/
op AMLfi 1
C I
BUYER: SIX PENCE INNS OF
AMERICA INC.
First American Title Insurance Company
411 IVY STREET, (P.O. BOX 808) SAN DIEGO, CALIFORNIA 92101 (714) 238-1776
August 11, 1981
V
~ 7 V,
SIX PENCE INNS OF AMERICA INC.
1751 E. Gerry Avenue
Santa Aria, California
ATTN: Don Sodaro
Your No.
Our Order No. 840534-8
Form of Policy Coverage Requested: CLTA
In response to the above 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 of Title Insurance in the form
specified above, describing the land and the estate or interest therein
hereinafter set forth, insuring against loss which may be sustained by reason
of any defect, lien or encumbrance not shown or referred to as an Exception
below or not excluded from coverage pursuant to the printed Schedules,
Conditions and Stipulations of said policy form.
This report (and any supplements or amendments thereto) 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 August 7, 1981 at 7:30 a.m.
H ' PARD/c c OFFICER
Title to said estate or interest at the date hereof is vested in:
, JOHN H. GRANT AND MARY C. GRANT, husband and wife as community property as to
Parcels 1, 3, 5, 64 d 7; MENTOR INVESTMENT COMPANY, INC., a California
corporation as t arcel 2) JOHN HARVEY GRANT AND MARY and and
as -community property as to Parcel 4; J C. SONNEMAN, an undivided one-
'fiiiiinterest and ROBERT H. SO D CHARLOTTE L. THATCHE , an undivided
one-half interest as to Parcel 8
The estate or interest in the land hereinafter descr bed or referred to
,overed by this Report is:
FEE AND EASEMENT
At the date hereof exceptions to coverage in addition to the printed
exceptions and exclusions contained in said policy form would be as
follows: SEE PAGE TWO
SEE LEGAL DESCRIPTION ATTACHED
•#RELIMINARi REPORT CONUED
.ORDER NO. 840534-8
AGE NO. 2
SUBJECT TO:
1. General and Special taxes for the fiscal year 1981-82, a lien, not yet
payable.
Affects Parcels 1-8.
2. Covenants, conditions and restrictions, but deleting restrictions, if any,
based on race, color, religion or national origin, in an instrument
recorded November 22, 1921 in Book 861, page 452 of Deeds.
Said instrument provides that a violation thereof shall not defeat or
render invalid the lien of any mortgage or deed of trust made for value.
Affects Parcel 6A.
3. 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 July 6, 1926
in Book 1209, page 443 of Deeds.
Said easement is described as follows:
A portion of Parcels 3, 4 and 6A herein described.
Reference is made to said instrument for further particulars.
4. 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 April 3, 1945
in Book 1832, page 399 of Official Records.
Said easement is described as follows:
A portion of Parcel 8 herein described.
Reference is made to said instrument for further particulars.
5. The fact that the ownership of said land does not include any rights of
ingress or egress to or from the freeway, adjacent thereto said rights
having been relinquished by deed to the State of California, recorded
March 26, 1952 in Book 4415, page 243 of Official Records, and by deed
recorded May 1, 1952 in Book 4453, page 129 of Official Records.
Affects Parcel S herein described.
6. Said land is also shown on Record of Survey Map No. 2855, filed in the
Office of the County Recorder of San Diego County.
Affects Parcels 3 and 4 herein described.
• REIMINARY REPORT CON#rD
.0RDE NO. 840534-8
PAGE NO. 3
7. An easement for public highway and incidental purposes in favor of City of
Carlsbad, recorded September 14, 1956 in Book 6256, page 550 and re-
recorded October 10, 1956 in Book 6292, page 217 both of Official Records.
Reference is made to said instrument for further particulars.
Affects a portion of Parcels 1, 2, 3, 4, 6A, 6B and 8.
8. The fact that the ownership of said land does not include any rights of
ingress or egress to or from the freeway, adjacent thereto said rights
having been relinquished to the State of California, by deed recorded
October 18, 1954 under Recorder's File No. 139585 and by deed recorded
June 10, 1969 as File No. 102186 of Official Records.
Affects Parcels 6A thru 8 herein described.
9. A Lease dated November 8, 1962, upon the terms, and conditions and
covenants therein provided.
LESSOR: RUDOLPH H. SONNEMAN AND JANE C. SONNEMAN, husband and wife
as joint tenants
LESSEE: STANDARD OIL COMPANY OF CALIFORNIA
RECORDED: January 16, 1963 Series 4, Book 1963, as File No. 9299 of
Official Records.
An Assignment executed by Standard Oil Company of California to Petroleum
Facilities, Inc. of all interest in the Lease referred to above, recorded
March 9, 1964 as File No. 43603 of Official Records.
An Amendment of Lease recorded September 30, 1969 as File No. 179561 of
Official Records.
A Sub-Lease dated December 1, 1963, upon the terms and conditions and
covenants therein provided.
LESSOR: PETROLEUM FACILITIES, INC.
LESSEE: STANDARD OIL COMPANY OF CALIFORNIA, WESTERN OPERATIONS,
INC.
RECORDED: April 2, 1964 as File No. 59898 of Official Records.
A Sub-Lease date October 22, 1971, upon the terms and conditions and
covenants therein provided.
LESSOR: STANDARD OIL COMPANY OF CALIFORNIA
LESSEE: JOHN H. GRANT AND MARY C. GRANT
RECORDED: July 3, 1972 as File No. 171734 of Official Records.
An Owners Consent to Lease and Cure affecting the Sub-Lease dated October
22, 1971 shown above recorded July 3, 1972 as File No. 171736 of Official
Records, upon the terms and conditions and covenants contained therein.
A Sub-Lease dated October 22, 1971, upon the terms and conditions and
covenants therein provided.
LESSOR: PETROLEUM FACILITIES, INC.
LESSEE: JOHN H. GRANT AND MARY C. GRANT
RECORDED: September 27, 1972 as File No. 259407 of Official Records.
PRELiMINARY 'REPORT CONT•D • ORDER NO. 840534-8
PAGE NO. 4
The effect of a Quitclaim Deed from Petroleum Facilities, Inc. to Chevron
U.S.A. INC., recorded May 1, 1978 as File No. 78-175257 of Official
Records.
Affects Parcels 6A thru 8.
10. 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 May 6, 1963
as File No. 77830 of Official Records.
Said easement is described as follows:
The Southeasterly 65 feet of the Northeasterly 6 feet of Parcel 8 herein
described.
Reference is made to said instrument for further particulars.
11. 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 May 14, 1963
as File No. 83832 of Official Records.
Said easement is described as follows:
The Southeasterly 65 feet of the Northeasterly 6 feet of Parcel 8 herein
described.
Reference is made to said instrument for further particulars.
12. A Lease dated June 4, 1971, upon the terms and conditions and covenants
therein provided.
LESSOR: JOHN H. GRANT AND MARY C. GRANT
LESSEE: HAROLD BUTLER ENTERPRISES NO. 362 INC.
RECORDED: September 30, 1971 as File No. 224751 of Official Records.
Affects Parcel 6A herein described.
13. A Deed of Trust to secure an indebtedness of $25,911.02, recorded January
18, 1972 as File No. 12756 of Official Records.
DATED: December 1, 1971
TRUSTOR: JOHN H. GRANT AND MARY C. GRANT, husband and wife
TRUSTEE: FIRST AMERICAN TITLE INSURANCE COMPANY, a California
corporation
BENEFICIARY: NAOMI HEWES LOCKLEY, a widow
Affects Parcel 5 herein described.
14. The effect of an Owners Consent to Lease and cure, dated June 22, 1972 and
recorded July 3, 1972 as File No. 171735 of Official Records.
Affects Parcel 7 herein described.
•
PRELIMINARY REPORT CONIJED
• .ORDER NO. 840534-8
• PAGE NO. 5
15. An easement for the transmission and distribution of electricity and
incidental purposes in favor of San Diego Gas and Electric Company,
recorded September 19, 1972 as File No. 250705 of Official Records.
Reference is made to said instrument for further particulars.
Affects Parcel 8 herein described.
16. A Deed of Trust to secure an indebtedness of $183,000.00, recorded October
20, 1972 as File No. 282162 of Of Records.
DATED: September 8, 1972
TRUSTOR: JOHN H. GRANT AND MARY C. GRANT, husband and wife
TRUSTEE: CONTINENTAL AUXILIARY COMPANY, a California corporation
BENEFICIARY: BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION, a
national banking association
Affects Parcels 6A thru 8.
17. An easement for the transmission and distribution of electricity and
incidental purposes in favor of San Diego Gas and Electric Company,
recorded November 28, 1972 as File No. 317636 of Official Records.
Reference is made to said instrument for further particulars.
Affects Parcel 8 herein described.
18. An Offer of Dedicate real property for public right of way purposes, dated
December 9, 1972, in favor of the City of Carlsbad, upon the terms and
conditions contained therein recorded December 21, 1972 as File No. 339994
of Official Records.
Reference is made to said instrument for further particulars.
Affects Parcels 3, 4 and 8 herein described.
19. An Agreement regarding Future Improvements, dated January 8, 1973, upon
the terms, covenants, and conditions contained therein.
EXECUTED BY AND BETWEEN: JOHN H. GRANT, MARY C. GRANT, RUDOLPH H.
SONNEMAN, JANE C. SONNEMAN AND CITY OF CARLSBAD
RECORDED: January 11, 1973 as File No. 73-009509 of Official Records.
Affects Parcels 6A thru 8 herein described.
20. The effect of Parcel Map No. 1311, recorded February 16, 1973 as File No.
73-042632 of Official Records.
Affects Parcels 6A thru 8 herein described.
PRELIMINARY REPORT CONT D
"pRDERNO. 840534-8
PAGE NO.6
21. A Deed of Trust to secure an indebtedness of $35,000.00, recorded June 9,
1978 as File No. 78-237778 of Official Records.
DATED: May 26, 1978
TRUSTOR: JOSEPH R. DONALDSON SR. AND SALLY L. DONALDSON, husband and
wife
TRUSTEE: CALIFORNIA RECONVEYANCE COMPANY, a California corporation
BENEFICIARY: GREAT WESTERN SAVINGS AND LOAN ASSOCIATION, a corporation
Affects Parcel 2 herein described.
22. An Agreement regarding an option to lease real property, dated May 22,
1979, upon the terms, covenants, and conditions contained therein.
EXECUTED BY AND BETWEEN: JOHN H. GRANT, MARY C. GRANT AND SALLY L.
DONALDSON AND THOMAS F. NOONAN
RECORDED: June 28, 1979 as File No. 79-269519 of Official Records.
Affects Parcel 1 herein described.
23. An Agreement regarding community property, dated September 12, 1972, upon
the terms, covenants, and conditions contained therein.
EXECUTED BY AND BETWEEN: RUDOLPH H. SONNENAN AND JANE C. SONNEMAN
RECORDED: August 21, 1979 as File No. 79-350689 of Official Records.
Affects Parcel 8 herein described.
24. A Deed of Trust to secure an indebtedness of $9,857.00, recorded April 8,
1980 as File No. 80-120250 of Official Records.
DATED: April 1, 1980
TRUSTOR: SALLY L. DONALDSON
TRUSTEE: SAFECO TITLE INSURANCE COMPANY, a California corporation
BENEFICIARY: WILLIAM E. DELONG AND BARBARA DELONG, husband and wife
Affects Parcel 2 herein described.
25. A Deed of Trust to secure an indebtedness of $20,000.00, recorded March 3,
1981 as File No. 81-064348 of Official Records.
DATED: February 26, 1981
TRUSTOR: MENTOR INVESTMENT COMPANY, INC., a California corporation
TRUSTEE: LAND TITLE INSURANCE COMPANY, a California corporation
BENEFICIARY: SIXPENCE INNS OF AMERICA, INC., a California corporation
Affects Parcel 2 herein described.
26. A Deed of Trust to secure an indebtedness of $90,505.20, recorded March 3,
1981 as File No. 81-064349 of Official Records.
DATED: December 1, 1980
TRUSTOR: MENTOR INVESTMENT COMPANY, INC., a California corporation
TRUSTEE: LAND TITLE INSURANCE COMPANY, a California corporation
BENEFICIARY: SALLY L. DONALDSON, an unmarried woman
RELIMINARY REPORT CONT•D
ORDER NO. 840534-8
PAGE NO. 7
The beneficial interest under said Deed of Trust was assigned to MENTOR
REALTY, INC., a California corporation, an undivided 15% interest by
assignment recorded March 3, 1981 as File No. 81-064350 of Official
Records.
Affects Parcel 2 herein described.
27. Rights of the public in and to any portion of property herein described
lying within roads, streets or highways.
Affects Parcels 1, 2, 3, 4, 6A, 6B and 8 herein described.
1980-81 TAX INFORMATION:
CODE AREA: 09000
PARCEL NO.: 203-320-03
1ST INSTALLMENT: $104.40 PAID
2ND INSTALLMENT: $104.40 PAID
LAND VALUE: $1,976.00
IMPROVEMENTS: $2,496.00
EXEMPT: $-O-
CODE AREA: 09000
PARCEL NO.: 2O3-32O-04
1ST INSTALLMENT: $601.87 PAID
2ND INSTALLMENT: $601.87 PAID
LAND VALUE: $20,400.00
IMPROVEMENTS: $6,375-00
EXEMPT:
CODE AREA: 09000
PARCEL NO.: 203-320-05-.
1ST INSTALLMENT: $137.48 PAID
2ND INSTALLMENT: $137.48 PAID
LAND VALUE: $3,979.00
IMPROVEMENTS: $1,976.00
EXEMPT:
CODE AREA: 09000
PARCEL NO.: 203-320-06
1ST INSTALLMENT: $122.40 PAID
2ND INSTALLMENT: $122.40 PAID
LAND VALUE: $3,303.00
IMPROVEMENTS: $1,976.00
EXEMPT: $-0-
CODE AREA: 09000
PARCEL NO.: 203-320-12
1ST INSTALLMENT: $233.76 PAID
2ND INSTALLMENT: $233.76 PAID
LAND VALUE: $7,282.00
IMPROVEMENTS: $988.00
EXEMPT:
IRELI1INARY REPORT CONT D
ORDER NO. 840534-8
PAGE NO. 8
1980-81 TAX INFORMATION:
CODE AREA: 09000
PARCEL NO.: 203-320-32\
1ST INSTALLMENT: $624.09 PAID
2ND INSTALLMENT: $624.09 PAID
LAND VALUE: $27,980.00
IMPROVEMENTS:
EXEMPT: $-O-
CODE AREA: 09000
PARCEL NO.: 203-320-33N
1ST INSTALLMENT: $1,477.46 PAID
2ND INSTALLMENT: $1,477.46 PAID
LAND VALUE: $60,000.00
IMPROVEMENTS: $-0-
EXEMPT: $-0-
CODE AREA: 09000
PARCEL NO.: 203-320-34.
1ST INSTALLMENT: $51.61 PAID
2ND INSTALLMENT: $51.61 PAID
LAND VALUE: $2,314.00
IMPROVEMENTS: $-Q-
EXEMPT:
CODE AREA: 09000
PARCEL NO.: 203-320-35\
1ST INSTALLMENT: $428.76 PAID
2ND INSTALLMENT: $428.76 PAID
LAND VALUE: $16,568.00
IMPROVEMENTS:
EXEMPT:
CODE AREA: 09000
PARCEL NO.:
1ST INSTALLMENT: $1,502.38 PAID
2ND INSTALLMENT: $1,502.38 PAID
LAND VALISE: $17,920.00
IMPROVEMENTS: $46,870.00
EXEMPT:
LEGAL. DESCRIPTION
- --ORDER NO. 840534-8
PAGE NO. 1
PARCEL 1:
That portion of Tract No. 117 of CARLSBAD LANDS, in the County of San Diego,
State of California, according to Map thereof No. 1661, filed in the Office of
the County Recorder of San Diego County, March 1, 1915, described as follows:
Commencing at the intersection of the Northwesterly line of Elm Avenue, which
is also the Southeasterly line of said Tract 117, with the Westerly line of
Tract No. 119 of said Carlsbad Lands, as shown on said Map No. 1661; thence
South 55 °27' West along the Southeasterly line of said Tract No. 117 a
distance of 1380.91 feet to a point; thence North 34 °33' West a distance of
310 feet to the TRUE POINT OF BEGINNING; thence continuing North 34 °33' West a
distance of 140 feet to a point in the Southeasterly line of that certain
tract of land conveyed to Augusta Asmus by deed recorded July 20, 1920 in Book
824, page 17 of Deeds, records of San Diego County; thence South 55 °27' West
along the Southeasterly line of said land so conveyed to said Asmus a distance
of 56.26 feet to a point; thence South 34 °33' East a distance of 140 feet to a
point; thence North 55 °27' East a distance of 56.26 feet to the TRUE POINT OF
BEGINNING.
PARCEL 2:
That portion of Tract 117 of CARLSBAD LANDS, in the City of Carlsbad, in the
County of San Diego, State of California, according to Map thereof No. 1661,
filed in the Office of the County Recorder of San Diego County, March 1, 1915,
described as follows:
Beginning at the Point of Intersection of the Northwesterly line of Elm
Avenue, which is also the Southeasterly line of said Tract 117, with the
Westerly boundary line of Tract 119 of said Carlsbad Lands, as shown on said
Map; thence South 55 °27' West along the Southeasterly line of said Tract 117,
a distance of 1330.91 feet; thence North 34 °33' West, a distance of 140 feet
to the TRUE POINT OF BEGINNING; thence South 55 °27' West, a distance of 50
feet to a point on the Northeast line of that Parcel of Land described in deed
to Stella Hay Brown, et al, recorded October 17, 1944 in Book 1764, page 211
of Official Records; thence North 34 °33' West along the Northeast line of said
Brown's land, a distance of 310 feet to a point in the Southeasterly line of
that certain Parcel of land described in Deed to Augusta Asmus, recorded July
20, 1920 in Book 824, page 17 of Deeds; thence North 55 °27' East along the
Southeast line of said Asmus land, a distance of 50 feet to a point which
bears North 34 °33' West from the TRUE POINT OF BEGINNING of the Parcel of Land
herein described; thence South 34 °33' East, a distance of 310 feet to the TRUE
POINT OF BEGINNING
PARCEL 3:
All that portion of Tract 117 of Carlsbad Lands, in the City of Carlsbad, in
the County of San Diego, State of California, according to the Map thereof No.
1661, filed in the Office of the County Recorder of San Diego County, March 1,
1915, described as follows:
Beginning at the intersection of the Northwesterly line of Elm Street which is
also the Southeasterly line of Tract 117, with the Westerly boundary of Tract
117 of Carlsbad Lands, as shown on said Map; thence South 55 °27' West, 1197.56
LEGkL. DESCRIPTION
ORDER NO. 840534-8
PAGE NO. 2
feet to the most Easterly corner of the land described in deed to Harry N.
Balcom recorded July 18, 1946 in Book 2193, page 38 Official Records; thence
North 34 °33' West 225 feet to the most Northerly corner of said Balcom's land,
said point being the TRUE POINT OF BEGINNING; thence continuing North 34 °33'
West, a distance of 225 feet to a point. Said point being the most Northerly
corner of the land conveyed to R. R. Kane, et ux, by deed recorded December
13, 1945 in Book 2003, page 351, Official Records; thence South 55 °27' West
along the Northwesterly line of said Kane's land, a distance of 133.35 feet to
the most Westerly corner of said Kane's land; thence South 34 °33' East along
the Southwesterly line of said Kane's land, a distance of 225 feet to the most
Westerly corner of the land conveyed to Laura N. Hines, by deed recorded May
1, 1946 in Book 2115, page 480, Official Records; thence North 55 °27' East
along the Northwesterly line of said Hine's land and along the Northwesterly
line of Balcom's land, a distance of 133.35 feet to the TRUE POINT OF
BEGINNING. Excepting therefrom the Northeasterly 60.00 feet thereof.
PARCEL 4:
The Northeasterly 60 feet of that portion of Tract 117 of Carlsbad lands, in
the City of Carlsbad, in the County of San Diego, State of California,
according to Map thereof No. 1661, filed in the Office of the County Recorder
of San Diego County, March 1, 1915 described as follows:
Beginning at the intersection of the Northwesterly line of Elm Street which is
also the Southeasterly line of Tract 117 with the Westerly boundary of tract
119 of Carlsbad lands as shown on said Map; thence South 55 °27' West 1197.56
feet to the most Easterly corner of the land described In deed to Harry N.
Balcom recorded July 18, 1946 in Book 2193, page 38 of Official Records;
thence North 34 °33' West 225 feet to the most Northerly corner of said
Balcom's land, said point being the TRUE POINT OF BEGINNING; thence continuing
North 34 °33' West a distance of 225 feet to a point, said point being the most
Northerly corner of the land conveyed to R. R. Kane et ux, by deed recorded
December 13, 1945 in Book 2003, page 351 of Official Records; thence South
55 °27' West along the Northwesterly line of said Kane's land a distance of
133.35 feet to the most Westerly corner of said Kane's land; thence South
34 e 33' East along the Southwesterly line of said Kane's land a distance of 225
feet to the most Westerly corner of the land conveyed to Laura N. Hines by
deed recorded May 1, 1946 in Book 2115, page 480 of Official Records; thence
North 55 °27' East along the Northwesterly line of said Hine's land and along
the Northwesterly line of Balcom's land, a distance of 133.35 feet to the TRUE
POINT OF BEGINNING.
PARCEL 5:
That portion of Tract No. 117 of CARLSBAD LANDS, in the City of Carlsbad,
County of San Diego, State of California, according to Map No. 1661, filed in
the Office of the County Recorder of San Diego County, March 1, 1915,
described as follows:
Beginning at the point of intersection of the Northwesterly line of Elm Avenue
which is also the Southeasterly line of said Tract 117 with the Westerly
boundary line of Tract No. 119 of said Carlsbad lands, as shown on said Map;
thence South 55 °27' West along the Southeasterly line of said Tract 117 a
distance of 1330.91 feet to the TRUE POINT OF BEGINNING; thence North 34°33'
LEGAL DESCRIPTION
ORDER NO. 840534-8
PAGE NO. 3
West, a distance of 140 feet to a point; thence South 55 °27' West, a distance
of 50 feet to a point; thence South 34 °33' East, a distance of 140 feet to the
Southeasterly line of said Tract 117; thence North 55 °27' East, a distance of
50 feet to the TRUE POINT OF BEGINNING.
PARCEL 6A:
That portion of Tract 117 of CARLSBAD LANDS, in the City of Carlsbad, County
of San Diego, State of California, as said Tract 117 is shown on Map thereof
No. 1661, filed in the Office of the County Recorder of San Diego County,
March 1, 1955, described as follows:
Commencing at the point of intersection of the Northwesterly line of Elm
Avenue, which is also the Southeasterly line of said Tract 117 with the
Westerly boundary line of said Tract 119 of CARLSBAD LANDS, as shown on said
Map No. 1661, running thence South 55 °27' West, 1043.77 feet; thence North
34 °33' West, 300 feet to the TRUE POINT OF BEGINNING; thence South 55 °27'
West, 93.75 feet; thence North 34 °33' West, 150 feet; thence North 55 027'
East, 93.75 feet to the Northeasterly corner of a tract of land conveyed to
Rudolph Sonneman and Jane Sonneman, by deed dated October 27, .1921 and
recorded in Book 861, page 452 of Deeds; thence along the Southeasterly line
of the land described in Deed to Augusta Asmus by Deed dated October 20, 1922,
recorded in Book 908, page 423 of Deeds, North 55 °27' East to the Easterly
line of the land described in Deed from the State of California, to Morten
Nielson, et ux, reorded October 18, 1954 as File No. 139585 of Official
Records; thence along said Easterly line, South 19 °1645" East to an angle
point and South 23 °08 1 50" East, to a point in a line which is parallel with
and 243 feet Southeasterly from said Southeasterly line of Asnius land, above
mentioned; thence South 55 °27' West, along said parallel line to a line which
bears South 34 °33' East from the TRUE POINT OF BEGINNING; thence North 34 °33'
West, 93 feet to the TRUE POINT OF BEGINNING.
EXCEPTING that portion lying Easterly of a line described as follows:
Commencing for reference at a point on the center line of Elm Avenue, distant
along said center line, North 55°5803" East, 617.13 feet from the
intersection of said center line with the center line of Harding Street
(formerly Fifth Street); thence North 34 °01 1 57" West, 40.00 feet; thence North
10010118 West, 3.72 feet to the TRUE POINT OF BEGINNING; thence (1)
continuing North 10 0 10 1 18 West, 315.51 feet thence (2) North 16 °37 1 24" West
175.70 feet; thence (3) North 17 °51 1 38" West, 566.95 feet; thence (4) North
22 °33 1 07" West, 490.19 feet to a point on the center line of Knowles Avenue,
distant along said center line, South 89 0 06 1 33' East, 202.07 feet from the
intersection of last said center line with the Easterly line of Block 13,
Sunny Slope Tract of Carlsbad according to Map thereof No. 995, filed in the
Office of the County Recorder of San Diego County, June 6, 1906.
PARCEL 6B:
An easement and right of way for ingress and egress and parking purposes over
and across that portion of Tract 117 of CARLSBAD LANDS, in the City of
Carlsbad, County of San Diego, State of California, as said Tract 117 as shown
on Map thereof No. 1661, filed in the Office of the County Recorder of San
Diego County, March 1, 1915, described as follows:
• . LEGAL DESCRIPTION • ORDER NO. 840534-8
PAGE NO. 4
Commencing at a point in the center line of Elm Avenue, distant along said
center line, North 55 °21 1 20" East 617.13 feet from the point of intersection
of said center line with the center line of Harding Street (formerly 5th
Street); thence North 34 °38'40" West (Record North 34 °01 1 57' West) 40.00 feet;
thence North 10 047 1 01 West (Record-North 10 °10 1 18" West) 3.72 feet to the
most Southerly corner of the land described in Deed to the State of
California, recorded June 10, 1969 as File No. 102186 of Official Records;
thence along the Westerly line thereof, North 10 0 47 t01 West (Record-North
10 °10 1 18" West) 182.29 feet to a point in a line that is parallel with and
distant Northwesterly 210.00 feet measured at right angles, from the center
line of said Elm Avenue, said point being the TRUE POINT OF BEGINNING; thence
continuing North 10 047 1 01" West 40.45 feet to a point in the Southeasterly
line of the land described as Parcel 2 in Deed to John H. Grant, et ux,
recorded February 6, 1969 as File No. 22629 of Official Records; thence along
the boundary line of said Grant's land, South 55 °21 1 20" West (Record-South
55 °27' West) 9.70 feet to the most Southerly corner of said Grant's land;
thence North 34 °38 1 40" West (Record-North 34 1 33" West) 93.00 feet; thence
South 55 °21 1 20" West (Record-South 55 0 27' West) 93.75 feet; thence North
34 0 38 1 40" West (Record-North 34 °33' West) 125.00 feet to the Southeasterly
line of the land described in Deed to the City of Carlsbad, recorded September
14, 1956 in Book 6256, page 550 of Official Records; thence leaving said
Grant's land and along said Southeasterly line and the Southwesterly
prolongation thereof South 55 °21 1 20" West (Record-South 55 °27' West) 60.00
feet to a point in the Northeasterly line of land described in Deed to John
Harvey Grant, et ux, recorded May 19, 1971 as File No. 103578 of Official
Records; thence along said Northeasterly line, South 34 °38 1 40" East (Record-
South 34 °33' East) 200.00 feet to the most Easterly corner thereof; thence
along the Southeasterly line of said land and the Southwesterly prolongation
thereof, South 55 °21 1 20" West (Record-South 55 °27' West) 66.68 feet to the
most Northerly corner of land described as Parcel 1 in Deed to John H. Grant,
et ux, recorded February 6, 1969 as File No. 22629 of Official Records; thence
along said Grant's land, South 34 °38 1 40" East (Record-South 34 °33' East) 55.00
feet to a point in said line that is parallel with and distant Northwesterly
210.00 feet, measured at right angles, from said center line of Elm Avenue,
thence along said parallel line, North 55 0 21 1 20 East, 213.76 feet to the TRUE
POINT OF BEGINNING.
PARCEL 6C:
An easement and right of way for ingress and egress purposes over and across
that portion of Tract 117 of Carlsbad lands, in the City of Carlsbad, County
of San Diego, State of California, as said Tract 117 is shown on Nap thereof
No. 1661, filed in the Office of the County Recorder of San Diego County,
March 1, 1915, described as follows:
Commencing at a point in the center line of Elm Avenue, distant along said
center line, North 55 °21 1 20" East 617.13 feet from the point of intersection
of said center line with the center line of Harding Street (formerly 5th
Street); thence North 34 °38 1 40" West (Record-North 34 °01 1 57" West) 40.00 feet;
thence North 10 0 47101 West (Record-North 10 0 10 1 18 West) 3.72 feet to the
most Southerly corner of the land described in Deed to the State of Californa,
recorded June 10, 1969 as File No. 102186 of Official Records; thence along
the Westerly line thereof, North 10 °47 1 01" West (Record-North 10 °10 1 18" West)
LEGAL, DESCRIPTION
• ORDER NO. 840534-8
PAGE NO. 5
182.29 feet to a point in a line that is parallel with and distant
Northwesterly 210.00 feet, measured at right angles, from the center line of
said Elm Avenue; thence along said parallel line, South 55 °21 1 20" West 32.80
feet to the TRUE POINT OF BEGINNING; thence continuing South 55 0 21 1 20' West
27.34 feet; thence South 10 °47 1 01' East 185.89 feet to a point in the
Southeasterly line of said Tract 117; thence along said Southeasterly line,
North 55 °21'20' East 27.34 feet; thence leaving said Southeasterly line, North
10 047 1 01" West 185.89 feet to the TRUE POINT OF BEGINNING.
PARCEL 7:
That portion of Tract 117 of CARLSBAD LANDS, in the City of Carlsbad, County
of San Diego, State of California, according to the Map thereof No. 1661,
filed in the Office of the County Recorder of San Diego County, March 1, 1915,
described as follows:
Beginning at a point of intersection of the Northwesterly line of Elm Avenue,
which is also the Southeasterly line of Tract 117, with the Westerly boundary
of Tract 119 of Carlsbad lands as shown on said Map; thence South 55 °27' West
1264.24 feet to the TRUE POINT OF BEGINNING; thence North 34 °33' West 225 feet
to a point; thence South 55 °27' West 66.67 feet; thence South 34 °33' East 225
feet; thence North 55 °27' East 66.67 feet to the TRUE POINT OF BEGINNING.
PARCEL 8:
All that portion of tract 117 of Carlsbad lands, in the City of Carlsbad, in
the County of San Diego, State of California, according to the Nap thereof No.
1661, filed in the Office of the County Recorder of San Diego County, March 1,
1915, bounded and described as a whole as follows:
Commencing at a point in the center line of Elm Avenue, distant thereon North
55 °21 1 20" East 592.14 feet from the intersection of said center line of Elm
Avenue, with the center line of Harding Street - formerly 5th Street; thence
North 34 °38 1 40" West, 40.00 feet to the Southeasterly line of said Tract 117,
being the TRUE POINT OF BEGINNING; thence North 48 °16 1 47" East 49.91 feet to
the beginning of a tangent 144.00 foot radius curve, concave Westerly thence
Northerly along the arc of said curve through a central angle of 71 °25'37" a
distance of 179.52 feet; thence tangent to said curve, North 23 008 1 50" West, a
distance of 88.43 feet to the most Northerly corner of land described in deed
to Rudolph H. Sonnenian, et ux, recorded November 26, 1954 as File No. 158514
in Book 5441, page 517 of Official Records; thence South 55 °21 1 20" West, along
the Northerly line of said land 83.59 feet to an intersection with the
Northeasterly line of land described in deed to Rudolph Sonnetnan, et ux,
recorded November 22, 1921 as File No. 31226, in Book 861, page 452 of deeds;
thence along said Northeasterly line, North 34 °38 1 40" West, 93.00 feet to the
most Easterly corner of land described in deed of Norten Nielson, et ux,
recorded May 6, 1953 as File No. 61972 in Book 4846, page 53 of Official
Records; thence Southwesterly along the Southeasterly line of said Nielsen's
land, 93.75 feet to the most Southerly corner of said land; thence
Northwesterly along the Southwesterly line of said land, a distance of 150.00
feet to the most Northerly corner of the land described in deed to Rudolph H.
Sonnetnann, et ux, recorded July 3, 1952 as File No. 81167 of Official Records;
thence along the Northerly line of said land and the Southwesterly
prolongation thereof, 60.00 feet to the most Westerly corner of the land
.LEGAL DESCRIPTION
. . ORDER NO. 840534-8
'PAGE NO. 6
described in deed to Rudolph H. Sonneman, et ux, recorded July 5, 1956 as Pile
No. 92434 of Official Records; thence South 34 °38'40" East along the
Southwesterly line of said land and its Southeasterly prolongation 225.00 feet
to the most Northerly corner of land described in deed to Ella B. Fleming,
recorded January 29, 1953 as File No. 12971, in Book 4731, page 315 of
Official Records; thence long the Northwesterly and Southwesterly lines of
said Fleming's land, South 55 021 1 20" West, 66.68 feet and South 34 °38 1 40
East, 225.00 feet to the Southeasterly line of said Tract 117; thence along
said Southeasterly line, North 55 °21 1 20" East, a distance of 113.49 feet to
the TRUE POINT OF BEGINNING.
EXCEPTING that portion deeded to the State of California from highway purposes
recorded March 5, 1969 as File No. 38626 of Official Records of San Diego
County.
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PUS 2855 p DITGO COU1 Y ASSFSSOR' 5 MAP BK 203 PG 32 'i N rrr.i 1, IN! Y
CASE NO.: J/ C1 DATE RECEIVED:
APPLICANT: Spce ttJ)s ocrk(o&ct
RIUEST: S
ENVONMENT
EXEI'ILT OR EXCEPTED:
Posted: Compliance: Published:________
Filed: Filed:
GAFIVE DECLARATION :_(tt -J-io u&
Posted: 7-3-</ Published: /( Notice of Determination:_3(61 2_
ENMFNTPL LMPACT REPORT:___________________
Notice of Notice of Notice of
Preparation: Completion: Determination:-- - - -
PL-NNINGCOMMISSION
1. Date of Hearing: -)_0 -8-_GL
2. Publication: _
3. Notice to Property Owners: . (9,5 •<
4. Resolution No. 1 g Date: __JC lCTION:_ftPJjiyth
(Continued to : _p..
5. Appeal: .......
CITY COUNCIL
1. Date of Hearing: ..............
2. Notices to City Clerk___________________
3. Agenda Bill
4. Resolution No Date-.— ACTION:
5. Ordinance No ....... Date
CORRESPONDENCE
Staff Report to Applicant:.................
Resolution to Applicant:
S
S
LOCATION MAP