HomeMy WebLinkAboutV 339; PALMOAR VENTURE; Variance (V)REQUEST
o Zone Change 0 Prexise Development Plan
0 General Plan Amendment 0 Specific Plan
o Tentative Tcact Nap El Site Deve1opent Plan
o Planned Unit Development 0 Conditional Use Permit
O jor CondominiumPermit. Variance o Minor Condominium Permit 0 Planning CCXrtITiISSiOn Determination
Master Plan 0 Sacia1 Use Permit
Variance . Q Aministrative O Major_Condanininm Conversion.
Complete Description of project (attach additional sheets ± E neces
Two concrete ij -up atLuc turs tcita1ing
r emaind e r is sing_st-cry -
Location of Project -
Northwest corner of Ave. Enciris and Palomar Airport Road.
Legal. Description (complete)
Sae attachd
Assessors Parcel Nurrber
Existing Land Use - ZCne General Plan
PM . - vacant
Proposed Zone Proposed General Plan Site Acreage
4.27 ac.
Owner Applicant
Name (Print or Type) Name (Print orType)
._. PalomarVenture _ Palomar _Venture _
mailing Address Nailing Address
31877 Del Obispo,__Suite211,San JuanCapistrano, CA. 92675
City and State Zip Telephone City and State Zip Telephone
I CERTIFY THAT I AM THE LEGAL OWNER AND I CER'ITFY THAT I AM THE
THAT ALL ¶3E ABOVE INFORMATION IS 'IRUE AND rJTHAT ALL THE ABOVE INFORMATION IS TRUE
JND CORRECT TO THE BEST OF MY KNOWLEDGE AND CORRECT TO THE BEST OF NY KNOWLEDGE
SI . DATE SIGNATURE DATE
t App' tea Rcc Recei By ReceIpt )
te .-ppLition Recved § Asiima ---------. Case NuiTwYc .. ..
.
TITLE INSURANCE AND TRUST
220 "A" STREET P.O. BOX 1150
SAN DIEGO, CALIFORNIA 92112 714-239-6081
DECEMBER 1, 1981
TI ESCROW
ATTN: 0. DORMAN
YOUR REFERENCE FCKE/NEWPORT NATIONAL CORPORATION
/ OUR ORDER N. 1089695
IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF
TITLE INSURANCE, TITLE INSURANCE AND TRUST COMPANY HEREBY REPCRTS
THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS OF THE DATE
HEREOF, A CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE FORM
POLICY OF TITLE INSURANCE DESCRIBING THE LAND AND THE ESTATE
OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINST
LOSS WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR
ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION BELOW OR
NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES,
CONDITIONS AND STIPULATIONS OF SAID POLICY FORM.
NOTICE: IF THE REAL PROPERTY COVERED BY THIS REPORT IS A
RESIDENTIAL CONDOMINIUM UNIT, A RESIDENTIAL LOT, OR A RESIDENTIAL
LOT IMPROVED WITH A STRUCTURE CONTAINING ONE TO FOUR SIN1E FAMILY
RESIDENTIAL UNITS, THEN THE POLICY ISSUED TO AN OWNER IN CONNECTION
HEREWITH, WILL NOT BE THE POLICY REFERRED TO ABOVE, BUT WILL BE THE
AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL POLICY - 1979 FOR?'.
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
REQUEST ED.
DATED AT 7:30 A,M. AS OF NOVEMBER 301 1981
TITLE OFFICER: '8EALL/RUHRUP ..
SIGNED:
1089695 PAGE
THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED
TO COVERED BY THIS REPORT
IS: A FEE
TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN:
PAUL ECKE. AND MAGOALENA ECKE, HUSBAND AND WIFE AS JOINT TENANTS
AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE
PRINTED EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY FORM
WOULD BE AS FOLLOWS:
I. GENERAL AND SPECIAL COUNTY AND CITY TAXES
FOR THE FISCAL YEAR : 1981-82
INCLUDING PERSONAL PROPERTY TAX, IF ANY,
FIRST INSTALLMENT : NOW DUE AND PAYABLE
SECOND INSTALLMENT NOW PAYABLE AND WILL BE DUE FEBRUARY 19 1982
2. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE
PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES,
IN FAVOR OF : SOUTHERN COUNTIES GAS COMPANY, A CORPORATION
FOR : PIPE LINE FOR THE TRANSMISSION AND DISTRIBUTION OF GAS
RECORDED : JULY 269 1932 IN BOOK 1419 PAGE 152 OF OFFICIAL RECORDS
AFFECTS : A STRIP OF LAND 5 FEET IN WIDTH, LYING 2 1/2 FEET ON EACH
SIDE OF THE CENTER LINE DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE NORTHERLY LINE OF SAID LOT "H" AS
SAME IS SHOWN ON MAP NO. 1681 OF THUM LANDS,
IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, AND THE CENTER LINE
OF THE ATCHISON, TOPEKA AND SANTA FE RAILROAD RIGHT OF WAY, ACCORDING TO
ALIGNMENT CHANGE OF 19099 SAID POINT OF COMMENCEMENT BEING AT ENGINEER'S
STATION 2273 PLUS 22.94 ON A 2 DEGREE CURVE OF SAID ALIGNMENT; THENCE
FOLLOWING THE ARC OF SAID CURVE CONCAVE TOWARD SOUTHWEST, THE RADIUS OF
WHICH BEARS' SOUTH 5505 0 25" WEST 286494 FEET THROUGH A CENTRAL ANGLE OF
11*53 2 05" A DISTANCE OF 594.27 FEET TO THE END OF SAID CURVE; THENCE
CONTINUING ALONG THE CENTER LINE OF SAID RIGHT OF WAY SOUTH 23*011301
EAST (RAILROAD MAP SOUTH 3728' EAST MAGNETIC) A DISTANCE OF 570.90 FEET;
THENCE NORTH 6658 4 30" EAST A DISTANCE OF 52.5u FEET; THENCE SOUTH
2301 0 30" EAST A DISTANCE OF 67.61 FEET TO THE POINT ON THE EASTERLY RIGHT
OF WAY LINE OF SAID ATCHISON, TOPEKA AND SANTA FE RAILROAD, SAID POINT
BEING THE TRUE POINT OF BEGINNING; THENCE SOUTH 2301'30" EAST PARALLEL
WITH AND 52.50 FEET FROM THE SAID' CENTER LINE OF RIGHT OF WAY, A DISTANCE
OF 8189.77 FEET, MORE OR LESS, TO AN INTERSECTION WITH THE NORTHERLY LINE
OF THAT PORTION OF SAID LOT "H", AS CONVEYED BY SAN DIEGO COUNTY WATER
1089695 PAGE 2
..
COMPANY, TO THE SOUTHWEST COAST LAND COMPANY, BY DEED IN BOOK 13869 PAGE
15, AFFECTS PARCEL 1.
3. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING S. SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE
PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES
IN FAVOR OF : SOUTHERN CALIFORNIA TELEPHONE COMPANY
FOR : TELEPHONE CABLES
RECORDED : AUGUST 21 1941 DOCUMENT NO. 45305, IN BOOK 1200, PAGE 421
OF OFFICIAL RECORDS
AFFECTS : A 15 FOOT STRIP OF LAND OVER PARCEL 1
4. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE
PURPOSES S-TATED HEREIN, AND INCIDENTAL PURPOSES
IN FAVOR OP : STATE OF CALIFORNIA
FOR : DRAINAGE
RECORDED : JUNE 18, 1953, DOCUMENT NO. 831159 IN BOOK 48949 PAGE 490
- OF OFFICIAL RECORDS
'\ AFFECTS THOSE PORTIONS OF LOT "H" OF RANCHO AGUA HEDIONCA,
IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO PARTITION MAP THEREOF NO. 8239
& FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO
COUNTY NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS:
PARCEL 1:
COMMENCING AT A POINT ON THE WESTERLY LINE OF THE RIGHT OF WAY 100 FEET
WIDE OF THE ATCHISON, TOPEKA AND SANTA FE RAILROAD COMPANY (FORMERLY
CALIFORNIA SOUTHERN RAILROAD COMPANY) AS DESCRIBED IN DEED RECORDED IN
BOOK 389 PAGE 171 OF DEEDS, IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO
COUNTY, DISTANT THEREON SOUTH f305 0 40" EAST, 1818 FEET FROM A 2 INCH IRON
PIPE MARKED "R. E. 32" SET FOR THE SOUTHEAST CORNER OF RECORD OF SURVEY
NO. 18u69 FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY,
APRIL 309 1948; THENCE NORTH L553'40" EAST, 79.46 FEET TO A POINT ON THE
CENTER LINE OF SAID RAILROAD COMPANY RIGHT OF vAY, DISTANT THEREON NORTH
230540" WEST, 550.26 FEET FROM A 2 INCH IRON PIPE (BURIED 2 FEET) SET
FOR RAILWAY STATION 2191 PLUS 54.40; THENCE CONTINUING NORTH 1553'40"
EAST, 332.33 FEET TO THE TRUE POINT OF BEGINNING; THENCE FROM A TANGENT
WHICH BEARS NORTH 8521'01" wEST ALONG A CURVE TO THE LEFT WITH A RADIUS
OF 152 FEET THROUGH AN ANGLE OF zr 44'39", A DISTANCE OF 73.60 FEET;
THENCE SOUTH 6654 0 20" WEST, 88.32 FEET TO A POINT ON THE EASTERLY LINE OF
SAID RAILROAD RIGHT OF WAY THENCE ALONG SAID EASTERLY LINE, NORTH
2305 0 40" WEST, 23.00 FEET TO A POINT WHICH BEARS NORTH 6654'20" EAST,
50.00. FEET FROM RAILROAD STATION 2200 PLUS 03.40 ON THE CENTER LINE OF
SAID RAILROAD RIGHT OF WAY; THENCE CONTINUING NORTH 2305 11 40" WEST, 23.00
FEET; THENCE LEAVING SAID EASTERLY LINE, NORTH 6654'ZO" EAST, 88.32 FEET;
THENCE ALONG A TANGENT CURVE TO THE RIGHT WITH A RADIUS OF 198 FEET,
THROUGH AN ANGLE OF 3022'46"9 A DISTANCE OF 104.98 FEET; THENCE SOUTH
1553'40" WEST, 46.68 FEET TO THE TRUE POINT OF BEGINNING.
1089695 PAGE 3
PARCEL 2:
A STRIP OF LAND 10 FEET WIDE, LYING 5 FEET EACH SIDE OF THE FOLLOWING
DESCRIBED CENTER LINE:
COMMENCING AT A POINT ON THE SOUTHERLY LINE THAT PORTION OF SAID RANCHO
AGUA HEDIONDA DESCRIBED-IN PARCEL 2 OF DEED TO PAUL ECKE AND MAGDALENA
ECKE, RECORDED IN BOOK 17491 PAGE 54 OF OFFICIAL RECORDS, IN THE OFFICE
OF COUNTY RECORDER OF SAN DIEGO COUNTY, DISTANT THEREON NORTH 8956'17"
WEST, 63.32 FEET, MORE OR LESS, FROM THE INTERSECTION OF SAID -SOUTHERLY
LINE WITH THE SAID WESTERLY RAILROAD RIGHT OF WAY LINE, SAID POINT OF
COMMENCEMENT BEING THE SOUTHWESTERLY CORNER OF THAT CERTAIN PARCEL OF LAND
DESCRIBED IN DEED TO STATE. OF CALIFORNIA, RECORDED AUGUST 301 1935 IN BOOK
4329 PAGE 60 OF OFFICIAL RECORDS; THENCE ALONG THE WESTERLY LINE OF SAID
PARC, NORTH 2306 9 0" WEST, 39.53 FEET; THENCE ALONG TANGENT CURVE TO THE
LEFT WITH A RADIUS OF 4950 FEET, THROUGH AN ANGLE OF 040530" A DISTANCE
OF 353.49 FEET; THENCE NORTH 21 0 12 1 00" WEST, 194.02 FEET TO A POINT
DESIGNATED AS "A" THENCE CONTINUING NORTH 270 12 4 00" WEST, 168.51 FEET TO
THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID WESTERLY LINE, NORTH
5438 9 00" EAST, 61.62 FEET.
THE SIDE LINES OF SAID 10 FOOT STRIP TO BE SHORTENED OR PROLONGED
SO AS TO BEGIN AND END IN THE PROLONGATION OF A STRIP OF LAND 61.00 FEET
WIDE, LYING NORTHEASTERLY AT RIGHT ANGLES FROM SAID COURSE DESCRIBED AS
NORTH 2712'00" WEST, 168.51 FEETQ
PARCEL 3:
A STRIP OF LAND 10 FEET WIDE, LYING 5 FEET EACH SIDE OF THE FOLLOWING
DESCRIBED CENTER LINE:
BEGINNING AT A POINT ON THE WESTERLY LINE OF SAID PARCEL DESCRIBED IN DEED
RECORDED IN BOOK 4329 PAGE 60 OF OFFICIAL RECORDS, DESIGNATED IN PARCEL 2
ABOVE AS POINT "A"; THENCE NORTH 6248'OU" EAST, 61.00 FEET.
SAID MATTER AFFECTS:
PARCEL 1
5, AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE
PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES
IN FAVOR OF : THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY
FOR : AERIAL AND UNDERGROUND COMMUNICATION STRUCTURES
RECORDED : MARCH 309 1957 DOCUMENT NO. 1334051, IN BOOK 6730, PAGE 126
OF OFFICIAL RECORDS
AFFECTS
THE WESTERLY AND SOUTHWESTERLY 100 FEET OF THE NORTHERLY 2400 FEET OF THE
1059695 PAGE 4
SOUTHERLY 3958.9 FEET OF LOT NH" OF RANCHO AGUA HEDIONDA, LYING EASTERLY
OF THE EAST LINES OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY RIGHT OF
WAY-AND THE STATE HIGHWAY XI-SD-28, SAID MEASUREMENTS BEING DRAWN
PARALLEL WITH THE HIGHWAY AND RAILWAY RIGHT OF WAYS AND PERPENDICULAR TO
THE SOUTH LINE OF LOT "H" OF RANCHO AGUA HEDIONDA; AND
ALSO, THAT PORTION OF LOT "H" OF RANCHO AGuA HEOIONDA,
LYING NORTHEASTERLY OF THE EASTERLY LINE OF THE ATCHISON,
TOPEKA AND SANTA FE RAILWAY RIGHT OF WAY AND SUUTHWESTERLY OF THE
WESTERLY LINE OF STATE HIGHWAY XI-SO-28 AND SOUTHEASTERLY OF THE
SOUTHERLY L-INE OF PROPERTY DESCRIBED IN DEED RECORDED JANUARY 219 1953 IN
BOOK 4722, PAGE 350 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY, AS SAID
PORTIONS OF PROPERTY ARE SHOWN ON PARTITION MAP THEREOF NO. 8239 FILED FOR
RECORD IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 169
1896.
LOCATION OF EASEMENT ON A STRIP OF LAND 4 FEET IN WIDTH,
THROUGH THE ABOVE DESCRIBED PROPERTY LYING SOUTHWESTERLY
OF AND ABUTTING THE FOLLOWING DESCRIBED LINE:
BEGINNING AT THE SOUTHWESTERLY CORNER OF THE ABOVE DESCRIBED PROPERTY;
THENCE EASTERLY ON THE SOUTHERLY PROPERTY LINE TO A POINT WHICH SAID POINT
IS 22.5 FEET, MEASURED AT RIGHT ANGLES FROM THE EASTERLY LINE OF THE
ATCHISON, TOPEKA AND SANTA FE RAILWAY RIGHT OF WAY AND SAID POINT BEING
THE TRUE POINT OF BEGINNING; THENCE NORTHERLY 39.58 FEET ON THE ARC OF A
CIRCLE CONCAVE TO THE EAST WHOSE DELTA ANGLE IS 032 9 37" AND LENGTH IS
39.58 FEET; THENCE NORTH 23o5'53' WEST TO THE POINT OF TERMINATION IN THE
NORTHWESTERLY PROPERTY LINE OF THE ABOVE DESCRIBED PROPERTY.
AFFECTS PARCEL I
6. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE
PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES
IN FAVOR OF : THE VISTA SANITATION DISTRICT
FOR : A WATER PIPE LINE, SEWER PIPELINE, MANHOLES, SEWER LATERAL
PIPELINES, WITH ALL THE NECESSARY EQUIP?'ENT AND
APPURTENANCES THERETO
RECORDED : JUNE 23, 19649 RECORDER'S FILE NO. 112515
AFFECTS : A 11.50 FEET STRIP OF LAND
NOTE: SAID EASEMENT LIES WITHIN THE WESTERLY 37.5 FEET OF PARCEL I
7. THE FACT THAT THE OWNERSHIP OF SAID LAND DOES NOT INCLUDE ANY
RIGHT OF INGRESS OR EGRESS TO OR FROM THE HIGHWAY CONTIGUOUS
THERETO, SAID RIGHT HAVING BEEN RELINQUISHED BY DEED
FRUM : PAUL ECKE AND MAGDALENA ECKE, HUSBAND AND WIFE
TO : STATE OF CALIFORNIA
RECORDED : JUNE 18, 19659 RECORDER'S FILE NO. 108756
SAID INSTRUMENT, AMONG OTHER THINGS, PROVIDES
1089695 PACE 5
:1
THIS CONVEYANCE IS MADE FCJR THE PURPOSE OF A FREEWAY
AND CONNECTING ROADS AND THE GRANTOR HEREBY RELEASES
AND RELINQUISHES TO THE GRANTEE ANY AND ALL ABUTTER'S RIGHTS,
INCLUDING ACCESS RIGHTS,.APPURTENANT TO GRANTOR'S REP'AINING PROPERTY,
IN AND TO SAID FREEWAY AND SAID CONNECTING ROADS.
EXCEPTING AND RESERVING, HOWEVER, UNTO GRANTOR, HIS SUCCESSORS OR
ASSIGNS, THE RIGHT OF ACCESS TO SAID FREEWAY AND CONNECTING ROADS OVER
AND ACROSS THE FOLLOWING DESCRIBED LINES:
THE EASTERLY 352.19 FEET OF THE COURSE DESCRIBED ABOVE WITH A LENGTH OF
180.30 FEET; THE WESTERLY 277.96 FEET OF THE COURSE WITH A LENGTH OF
287.96 FEET; THE WESTERLY 25.00 FEET OF THE COURSE WITH A LENGTH OF
153.32 FEET; THE COURSES WITH LENGTHS OF 10.00 FEET, 1015.00 FEET
AND 20.00 FEET; THE EASTERLY 135.00 FEET OF THE COURSE WITH A LENGTH OF
28.79 FEET; THE EASTERLY 20.00 FEET OF THE COURSE WITH A
LENGTH OF 169.57 FEET; THE COURSE WITH A LENGTH OF 100.00 FEET;
THE EASTERLY 20.00 FEET OF THE COURSE WITH A LEGNTH OF 165.51 FEET; THE
COURSE WITH A LENGTH OF 465.23 FEET; THE WESTERLY 170.00 FEET OF THE
COURSE WITH A LENGTH OF 304.41 FEET; AND THc COURSES WITH LENGTHS OF
228.86 FEET, 114.01 FEET, 186.45 FEET, 78.18 FEET, 616.62 FEET, 347.10
FEET, 175.31 FEET, 9.15 FEET, 284.54 FEET AND 190.90 FEET.
8. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE
(\PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES
IN FAVOR OF : STATE OF CALIFORNIA
FOR : PRIVATE ROAD
RECORDED :. JUNE 189 1965, RECORDER'S FILE NO. 108757
AFFECTS : THAT PORTION OF LOT "H" OF THE RANCHJ AGUA HEDIONDA,
ACCORDING TO MAP THEREOF NO. 8239 FILED IN THE OFFICE OF.
COUNTY RECORDER OF SAN DIEGO CJUNTY, LYING WITHIN A STRIP
OF LAND 20 FEET WIDE 10 FEET ON EACH SIDE OF THE
FOLLOWING DESCRIBED CENTER LINE:
COMMENCING AT THE NORTHERLY TERMINUS OF "COURSE 10" AS DESCRIBED IN DEED
TO THE STATE OF CALIFORNIA FROM PAUL ECKE, El UX, AS MARKED BY A 6 INCH BY
6 iNCH CONCRETE MONUMENT BEING AT COORDINATES Y-3499859.64 FEET AND
X-196709414.53 FEET; THENCE SOUTH 4728 9 23" EAST, 165.23 FEET; THENCE
SOUTH 5432 8 55" EAST, 142.76 FEET; THENCE SOUTH 6549'ZI" EAST, 360.30
FEET; THENCE SOUTH 7339'04" EAST, 156.28 FEET TO THE POINT OF BEGINNING,
BEING A POINT IN A NON-TANGENT CURVE CONCAVE TO THE SOUTHWEST HAVING A
RADIUS OF 60.00 FEET, A RADIAL TO SAID CURVE FROM SAID POINT BEARS NORTH
8908'57" WEST, THENCE NORTHERLY, NORTHWESTERLY AND WESTERLY ALONG SAID
CURVE THROUGH AN ANGLE OF 7504 9 OB" A DISTANCE OF 78.61 FEET; THENCE
TANGENT NORTH 74' 13'05" WEST, 265.82 FEET TO A POINT IN A TANGENT CURVE
CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 60 FEET; THENCE NORTHERLY
ALUN(, SAID CURVE THROUGH AN ANGLE OF 51 0 42 1 36" A DISTANCE OF 54.15 FEET TO
A POINT 64.00 FEET EASTERLY MEASURED PERPENDICULARLY TO THE CENTER LINE OF
THE 100 FOOT RIGHT OF WAY OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY, AS
CONVEYED TO THE CALIFORNIA SOUTHERN RAILROAD BY DEED FILED IN BOOK 38 OF
1089695 PAGE 6
1
DEEDS AT PAGE 111 ON MARCH 10, 18819 SAID STRIP TO BE BOUNDED ON THE
SOUTH BY A LINE BEARING SOUTH 7339 0 04" EAST, THROUGH THE POINT OF
BEGINNING; AND ON THE NORTH BY A LINE BEARING NORTH 6729 0 31 EAST THROUGH
THE NORTHERLY TERMINUS OF LAST ABOVE DESCRIBED CURVE WITH A LENGTH OF
54.15 FEET.
AFFECTS PARCEL 1.
9. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE
PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES
IN FAVOR OF : THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY
FOR : UNDERGROUND COMMUNICATION STRUCTURES
RECORDED : JULY 141 19619 RECORDER'S FILE NO. 102931
AFFECTS
THAT PORTION OF LOT 'H" OF RANCHO AGUA HED1ONDA9 ACCORDING TO MAP THEREOF
NO. 823 FILED FOR RECORD ON THE 16 DAY OF NOVEMBER 1896, AS DESCRIBED IN
DEED RECORDED IN BOOK 27789 PAGE 346 OF OFFICIAL RECORDS, LYING EASTERLY
OF THAT PORTION OF LAND DEEDED TO THE STATE OF CALIFORNIA, RECORDED IN
BOOK 48949 PAGE 494 OF OFFICIAL RECORDS AND EASTERLY OF THE 100 FOOT
RIGHT OF WAY OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, AS
DESCRIBED IN DEED RECORDED IN BOOK 38, PAGE 111 OF DEEDS, AND NORTHERLY
AND WESTERLY OF THAT PORTION OF LAND CONVEYED TO THE STATE OF CALIFORNIA
OESCRI6EO IN DEED RECORDED AT FILE 108156 ON THE 18 DAY OF JUNE, 1965, ALL
LYING NORTH OF THE NORTH LINE OF PALOMAR AIRPORT ROAD, AS SAID ROAD IS
DESCRIBED IN DEED RECORDED IN BOOK 8030, PAGE 216 OF OFFICIAL RECORDS, ALL
IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY.
THE ABOVE DESCRIBED EASEMENT SHALL BE LOCATED ON A STRIP OF LAND 5 FEET IN
WIDTH IN SAID PROPERTY, THE CENTER LINE OF WHICH IS DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF SAID PROPERTY; THENCE SOUTH
26'I0'UO" EAST, 1450 FEET; THENCE SOUTH 21 29'21" EAST, 551.64 FEET;
THENCE SOUTH 1345'33" EAST, 255.98 FEET; THENCE SOUTH 1'45'25 WEST,
471.38 FEET; THENCE NORTH 7807 0 26" WEST, 260.96 FEET TO THE TRUE
POINT OF BEGINNING; THENCE SOUTH 78O1'26' EAST, 60 FEET TO A POINT IN A
NON-TANGENT CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 482 FEET,
A RADIAL LINE OF SAID CURVE THROUGH SAID POINT BEARING NORTH; 7801'Zo"
WEST; THENCE NORTHERLY ALONG SAID CURVE 226 FEET; THENCE SOUTH 85 0 16 9 34'
WEST, 430 FEET TO THE POINT OF TERMINATION.
AFFECTS PARCEL 1.
10. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FCR THE
I PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES
' IN FAVOR OF CITY OF CARLSBAD
' FOR : WATER SYSTEM, SEWERAGE, DRAINAGE, POtIER LINE, EXCAVATION
AND/OR EMBANKMENT FACILITIES AND APPURTENANCES THERETO
RECORDED : DECEMBER 59 19681 RECORDER'S FILE NC). 213329
1089695 PAGE 7
'1•
AFFECTS : THE SIDELINES OF SAID RIGHT OF WAY EASEENT IN THE
AFORESAID LANDS ARE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE POINT OF INTERSECTION OF THE EASTERLY LINE OF THE 100000
FOOT RIGHT OF WAY OF THE ATCHISON, TOPEKA AND SANTA FE RAILROAD COMPANY,
AS DESCRIBED IN DEED TO THE CALIFORNIA SOUTHERN RAILROAD FILED
MARCH 109 1881 IN BOOK 389 PAGE 171 OF DEEDS WITH THE NORTHERLY LINE
OF' PARCEL 2 OF THE LAND DESCRIBED IN DEED TO THE STATE OF CALIFORNIA
RECORDED JUNE 181 1965 AS DOCUMENT ND. 108156 OF OFFICIAL RECORDS; THENCE
EASTERLY ALONG SAID NORTHERLY LINE OF PARCEL29 SOUTH 6549'Zl' EAST,
206.46 FEET. TO FOUND STATE DIVISION OF HIGHWAYS 1 INCH IRON PIPE; THENCE
SOUTH 733904" EAST, 152.48 FEET; THENCE LEAVING SAID NORTHERLY LINE
NORTH 1152'34" EAST, 147.26 FEET; THENCE NORTH 780726 WEST, 10.00 FEET
TO THE TRUE POINT OF BEGINNING; SAID POINT BEING THE BEGINNING OF A 440.00
FOOT RADIUS CURVE, CONCAVE WESTERLY; THENCE NORTHERLY ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 2138'54"1 A DISTANCE OF 166.25 FEET
TO A POINT ON SAID CURVE THE CENTER OF WHICH BEARS SOUTH 801340" WEST;
SAID POINT ALSO BEING THE BE&,INNING OF A 30.00 FOOT RADIUS CURVE, CONCAVE
SOUTHWESTERLY; THENCE NORTHERLY AND WESTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 8457'06", A DISTANCE OF 44.48 FEET; THENCE
TANGENT TO SAID CURVE, SOUTH 8516 1 34" WEST, 400.36 FEET TOA POINT ON THE
EASTERLY RIGHT OF WAY LINE OF SAID ATCHISON, TOPEKA AND SANTA FE RAILROAD
COMPANY PROPERTY WHICH POINT BEARS NORTH 2230 0 29" WEST, 190.25 FEET FROM
THE POINT OF BEGINNING; THENCE ALONG SAID EASTERLY LINE, NORTH 2230 0 29'
WEST, 21.00 FEET; THENCE NORTH 8516'34" EAST, 450.25 FEET TO A POINT ON
THE ARC OF A 460.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY WHOSE CENTER
BEARS SOUTH 7429'21" WEST FROM SAID POINT; THENCE SOUTHERLY ALONG THE ARC
OF SAID CURVE THROUGH A CENTRAL ANGLE OF 2723 9 0b" A DISTANCE OF 219.85
FEET; THENCE NORTH 180 07 4 26" WEST, 20.00 FEET TO THE TRUE POINT OF
BEGINNING.
AFFECTS PARCEL 1.
TAX FIGURES FOR : 1981-82
CODE AREA : 9000
PARCEL NO. : 10-110-04
LAND : $879867.00
FIRST INSTALLMENT : $645.81 UNPAID
SECOND INSTALLMENT: $645.81 UNPAID
TAX FIGURES FOR : 1981-82
CODE AREA : 9000
PARCEL NO. : 210-100-08
LAND : $44,994.00
FIRST INSTALLMENT : $25431 UNPAID
SECOND INSTALLMENT: $254.31 UNPAID
TAX FIGURES FOR : 1981-82
CODE AREA : 9034
PARCEL NO. : 210-100-09
LAND : $39,369.00
1089695 PAGE 8
FIRST INSTALLMENT : S233.38 UNPAID
SECOND INSTALLMENT: $233.38 UNPAID
1089695 PAGE 9
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
PARCEL 1:
ALL THAT PORTION OF LOT H" OF RANCHO AGUA HEDIONDA,
IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN. DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 823 FILED IN THE OFFICE OF COUNTY RECORDER
OF SAN DIEGO COUNTY, NOVEMBER 169 18969 DESCRIBED AS FOLLOWS:
BEGINNING AlA POINT ON THE WESTERLY LINE OF PARCEL 2 OF DEED TO THE
STATE OF CALIFORNIA, RECORDED JUNE 18, 19659 RECORDER'S FILE NO. 108756
OF OFFICIAL RECORDS, SAID POINT HAVING COORDINATES V EQUALS 352908.I8
FEET AND X EQUALS 1,6109550.47 FEET AND SAID POINT ALSO BEING AT THE
NORTHERLY TERMINUS OF A COURSE DESIGNATED AS NORTH 2610'00" WEST, 1450.00
FEET; THENCE SOUTH 2610 4 00' EAST ALONG SAID WESTERLY LINE OF SAID DEED
19342.00 FEET; THENCE LEAVING SAID WESTERLY LINE SOUTHEASTERLY AND
SOUTHWESTERLY ON THE ARC OF A TANGENT 335.uO FOOT RADIUS CURVE, CONCAVE
NORTHWESTERLY THROUGH A CENTRAL ANGLE OF 4830'00" AN ARC DISTANCE OF
283.57 FEET; THENCE SOUTH 2220'00" WEST 1.43.22 FEET TO THE BEGINNING OF A
TANGENT 265.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE
SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 3r37 9 14 AN ARC
DISTANCE OF 174.00 FEET; THENCE SOUTH 1517 0 14" EAST 33.93 FEET; THENCE
SOUTH 6729'31" WEST 70.56 FEET; THENCE SOUTH 1517 0 14" EAST 16526 FEET;
THENCE SOUTH 6729 8 31" WEST 420.48 FEET TO THE EASTERLY LINE OF THE 100.00
FOOT RIGHT OF WAY OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, AS
DESCRIbED IN DEED TO THE CALIFORNIA SOUTHERN RAILROAD, FILED MARCH 10,
1881 IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, IN BOOK 38,
PAGE 111 OF DEEDS. AND THE TRUE POINT OF BEGINNING; THENCE RETRACING NORTH
6729 9 31" EAST 420.48 FEET TO A POINT ON THE WESTERLY LINE OF THE LAND
DESCRIBED IN THE DEED TO THE CITY OF CARLSBAD, RECORDED FEBRUARY 3, [969
RECORDER'S FILE NO. 8939; THENCE ALONG THE WESTERLY BOUNDARY OF SAID CITY
OF CARLSBAD LAND, SOUTH 1517'14" EAST 291.73 FEET TO THE BEGINNING OF A
TANGENT 51.41 FOOT RADIUS CURVE, CONCAVE WESTERLY, SOUTHERLY ALONG SAID
CURVE 13.25 FEET THROUGH AN ANGLE OF TANGENT TO SAID CURVE
SOUTH 031 0 26" EAST 92.65 FEET TO THE BEGINNING OF A TANGENT 403.00 FOOT
RADIUS CURVE, CONCAVE wESTERLY, SOUTHERLY ALONG SAID CURVE 87022 FEET
THROUGH AN ANGLE OF 12'24 0 9 TANGENT TO SAID CURVE SOUTH 1152 0 34" WEST
121.95 FEET TO THE BEGINNING OF A TANGENT 20.00 FOOT RADIUS CURVE,
CONCAVE NORTHWESTERLY AND SOUTHWESTERLY ALONG SAID CURVE 32098 FEET
THROUGH AN ANGLE OF 9428 0 22" TO A POINT ON THE NORTHERLY LINE OF PARCEL 2
OF THE LAND DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA, RECORDED
JUNE 189 19659 RECORDER'S FILE NO. 108156 OF OFFICIAL RECORDS; THENCE
ALONG SAID NORTHERLY LINE, NORTH 73'39 0 04" WEST 83.71 FEET TO FOUND STATE
DIvISION OF HIGHWAYS 1 INCH IRON PIPE; THENCE CONTINUING ALONG SAID
NORTHERLY LINE NORTH 649'ZI" WEST 206.46 FEET TO THE POINT OF
INTERSECTION OF THE EASTERLY LINE OF THE 100.00 FOOT RIGHT OF WAY OF THE
ATCHISON, TOPEKA AND SANTA FE RAILROAD COMPANY, AS DESCRIBED IN DEED TO
THE CALIFORNIA SOUTHERN RAILROAD, FILED MARCH 109 18311 IN BOOK 38, PAGE
111 UF DEEDS; THENCE NORTHERLY ALONG SAID EASTERLY LINE TO THE TRUE POINT
1089695. PAGE 10
OF BEGINNING.
PARCEL 2:
THAT PORTION OF LOT "H" OF RANCHO AGUA HEDIONDA, IN THE CITY OF
CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO PARTITION MAP NO. 8239 FILED
IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 169 18959
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE "PA" LINE AT STATION 39 PLUS 65
AS SHOwN ON STATE HIGHWAY RIGHT OF wAY MAP LO-3173; THENCE
LEAVING SAID "PA" LINE, SOUTH 1152'34" WEST 68.00 FEET ALONG
THE"AE" LINE AS SHOWN ON SAID STATE HIGHWAY RIGHT OF WAY MAP
10-3773; THENCE LEAVING SAID "AE" LINE, SOUTH 1807 0 26" EAST
73.03 FEET TO AN ANGLE POINT IN THE SOUTHERLY AND EASTERLY
BOUNDARY OF PARCEL 2 OF THE LAND DESCRIBED.IN DEED TO THE
STATE OF CALIFORNIA, RECORDED JUNE 18, 1965 AS DOCUMENT NO. 108756
OF OFFICIAL RECORDS, SAID ANGLE POINT FORMED BY THE COURSES
"NORTH 8428'34" WEST 304.41 FEET" AND "SOUTH 1119'09" WEST
228.86 FEET; THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID LAND
SOUTH 8428 1 34" EAST 195.00 FEET TO THE TRUE POINT OF BEGINNING;
THENCE LEAVING SAID SOUTHERLY BOUNDARY SOUTH O31'26" WEST 200.00
FEET; THENCE NORTH 8428 9 34" WEST, 145.00 FEET;
THENCE SOUTH 8846'04" WEST 71.65 FEET TO SAID COURSE BEARING
"SOUTH 1119 9 09" WEST 228.86 FEET" IN SAID DEED TO THE
STATE OF CALIFORNIA; THENCE ALONG SAID COURSE, SOUTH 1119'09" WEST TO
THE SOUTHERLY TERMINUS THEREOF; THENCE CONTINUING ALONG SAID BOUNDARY
SOUTH 536 4 29" EAST 114.01 FEET; AND SOUTH 1906'15" EAST 186.45 FEET
TO THE NORTH LINE OF THAT PARCEL OF LAND DESCRIBED IN DEED TO
P.A. HORTON, ET OX, RECORDED MARCH 109 1944 AS DOCUMENT NO. 11399
OF OFFICIAL RECORDS; THENCE ALONG SAID NORTH LINE
SOUTH 892641" EAST TO AN ANGLE POINT IN THE BOUNDARY OF SAID
STATE OF CALIFORNIA LAND; THENCE ALONG SAID BOUNDARY AS FOLLOWS:
NORTH 34*17 6 48" WEST
NORTH 4618'10" WEST
NORTH 620632" WEST
NORTH 8428 6 34" WEST
TO THE TRUE POINT OF
189.43 FEET;
319.53 FEET;
247.03 FEET; AND
109.41 FEET
BEGINNING*
1089695 PAGE
11
TITLE INSURANCE
AND TRUST
December 4, 1981
DORMAN ESCROW
ORDER NO. 1089695
ECKE/NEWPORT NATIONAL
Dear Oreen:
Supplementing our preliminary report.dated November 30, 1981,
please be advised that Item No, Chas been eliminated from
said report.
Sin ely,
BILL BEALL
TITLE OFFICER
BB/mir
Title Insurance and Trust Company 220 'A" Street P.O. Box 1150 Sac Diego, California 92112 714 239 6081
ATICOR COMPANY
4.
POOR
QUALITY
ORIGINAL (5)
• S (• W
• 'Cost of ov Tru 'a fee in connstj
Ti
2. Al sums expended under the terms hereof, not th repaid, with accrued is.
erost at the '1te of ten per cent per annum;
3. Aecru'interest on said note;
4. Unpaid pncipal of said note; or if no a than one, the unpaid principal
• hereof pro rats and\,thout preference or prior ty; and
5. The remainder if any to the person r persons legally entitled thereto,
roof of cuch right.
I. This Deed of Trust in all its pa ts applies to, inures to the benefit of, sr
inds a].]. parties hereto, the r heirs, egatees, devisees, administrators, executorI 1
uceessora and assigns.
Z. Trustee accepts these T a a when this Deed of Trust, duly .xecuted and so
Lodged* is made a public record a rovidod by law.
In this Deed of Trust, hene or the context so requires, the masculine gendcl
neludes the feminine and/ or outer, a the singular number includes the plural.
IN WITNESS WHEREOF ruetor has xecutod this instrument.
• Rhoda
\Mary P. Rhoda
TATE OF CALIFORNIA,
OW2Y OF San Diego
On thij3lst day of May, 1932, before Nathaniel Gardner, a Notary I
ublio in and for a/id County, personally appeared J. i\Rohda & Mary P. Rhoda knoin
o me to be the pe sons whose uipnothey subscribed to the .thin instrument, and aekUO
lodged that the executed the same.
TN' hand and official seal. J
/ p Nathaniel Gardne
/ athanie *
/
•ardner J Notary Public in and for Said Co ty and State
/
Notary Public
/ in and for the County of San Die, tate_____
II My Commission Expires March 15 1935
orded at request of Southern Title & Trust Co. JUL 26 1932 at 9 L.U.
as
By Deputy P Cole
_____000000_____
BIGHT OF WAY
I
THIS INDZNTURE, made by and between SAN DIEGO WATER SUPPLY COMPANY (forne'
the San Dieguita Water Co.) a corporation organized and existing under and by virtu*
of the laws of the State of Nevada, the first party, and the SOUTBN COUNTIES GAS Cl
PU'1Y, a corporation organized and existing under and by virtue of the laws of the St
of California, the second party;
wXTNESsETa:
For and in consideration of the sun of One Dollar, receipt of which is hereby
kckeowledged, the firat party does hereby grant to the second party, subject to all
easements, liens and encumbrances of every kind existing against or in respect to said
property, and upon and subject to the terms and conditions hereinafter set forth,
Right of Way to excavate. for, lay, construct, maintain, operate, renew, replace,
hange the size of and remove a pipe line not to exceed 12-3/4 inches In diameter and
ppurteuanoes connected therewith for the purpose of transporting gas for heat, light,
Power and other purposes, and to use the same for such purposes, through that certain
Parcel of real property situated in the County of San Diego, State of California, des-
bribed as follows: -
All that portion of Lot H, Rancho Ague Redionda, according to Partition Map
hereof No.823, filed for record In the office of the County Recorder of San Diego
County, California, November 16, 1895, consisting of a strip of land five feet in
!idth, lying 2-1/2 feet on each aide of the c-enter line described as follows;
Commencing at the intersection of the Northerly line of said lot "H" as saris
Is shown on Map No.1681 of Thum Lands, records of said San Diego County, and the cent
tine of the Atchison, Topeka and Santa Fe Railroad Right-of-Way according to alignmen
change of 1909, said point of commencement being at Engineer's Station 2273 + 22.94
On 20 curve of said alignment; thence following the are of said curve, concave towart
ha Southwest the radius of which bears South fifty-five degrees, five minutes, twent
iYe seconds (550 05' 25") West, two thousand eight hundred sixty-four and ninety-fou
hundredths (2864.94) feet through a central angle of eleven degrees, fifty-three
Sinutes, five seconds (11° 53' 05") a distance of five hundred ninety-four and twenty
15y hundredths (594.27) feet to the end of said curve; thence continuing along the
Center line of said right-of-way, South twenty-three degrees, one minute, thirty seco
(23' 01' 30-) .East (Railroad Map, South thirty-seven degrees, twenty-eight minutes
07'Z8 1 ) East magnetic) a distance of five hundred seventy and ninety hundredths
570.90) feet; thence North sixty-six degrees, fifty-eight minutes, thirty seconds
66 58 30") East, a distance of fifty-two and fifty hundredths (62.50) feet; thence
•South twenty-three degrees, one minute, thirty seconds (230 01' 30") East, a distance
Of sixty-seven and sixty-one hundredths (67.61) feet to a point on the Easterly right.
36!21
f.Tay line of said Atchison, Topeka and Santa Fe Railroad, said point being the true
Point of beginning; thence South twenty-three degrees, one minute, thirty seconds
23' 01' 30") East, parallel with and fifty-two and fifty hundredths (52.50) feet fran
laid center line of right-of-way, a distance of eight thousand seven hundred eighty-
626 and seventy-seven hundredths (8789.77) feet, more or less, to an intersection vu
a Northerly line of that portion of said Lot "W', as conveyed by the San Diego Count
!ater Company to the Southwest Coast Land Company by deed recorded in Book 1386, page
159 Records of said San Diego County. -
It is distinctly understood and agreed that the right of way and all
Other rights and privileges herein described are grunted and accepted upon the follow-
lug Conditions, to-wit: -
1. That the said first party is entitled to the full use of the premises
boe described in any namner not inconsistent with the purpose for which said right
t way Is granted; provided, however, - that the said first party shall not place any
tiding or structure over said gas pipe or appurtenances.
2. That the second party shall indemnify and save harmless the first
•
party from and against all damages to persons or propertythat may result from the
construction, operation and/ or maintenance of said gas pipe and appurtenances, and
1-I
shall compensate first party for any substantial damtge which maybe done to the 1'
property by the second party's employees while engaged in their employment herein
referred to. -
3. That esoond party shall construct and maintain said gas pipe in such
a manner that the top of said pipe shall be at all points not less than 12 inches
below the surface of the ground through which the cald pipe passes.
4. That the second party and Its agents and employees shall at all times
have the right of ingress or egress to and from the above described premises over th
lands of the first party, and shall at all times have free access to said pipe and
appurtenances for the purpose of maintaining, repairing, operting or replacing seSa
or any part thereof.
The terms and conditions of this indenture shall be bintitag upon and ma
to the benefit of the successors in interest of the respective parties hereto.
IN WITNESS WHEREOF, the first party has caused this indenture to be ezi
in its corpoDate name, by its officers thereunto duly authorized, and its corporate
seal to be hereunto affixed this 21st day of July 1932.
• SAN DIEGO WATER SUPPLY COMPANY
nIneorporated
By John Treanor
President.
ByE WFallett
OK Lest-Secretary
George Cromwell
ass
all
aid
laO
P
0.
ac
STATE OF CALIFORNIA,
• )SS.
COUNTY OF LOS ANGELES
ON THIS 21st day of July, A.D.. 1932, before me, Ella Scott a Notary Pub
In and for the said County and State, personally appeared John Treanor known to nato
be the President, and Z. W. Fsllett known to me to be the Secretary of the San Diego
Water dupply Company the Corporation that executed the within Instrument, known to so
to be the persona who executed the within Instrument, on behalf of the Corporation hi
named, and acknowledged to me that such Corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
NN Ella Scott
ha fl Notary Public in and for said County and 8ta3.
Scott
RESOLVED: That the President or Vice-President and Secretary or one of the
asistant Secretaries of this company be, and hereby are authorized and empowered to
rant to Southern Counties Gas Company an easement for the maintenance of a pipe line
yer certain lands of this company in San Diego County, State of California, on such
terms and conditions as they, the said officers, may deems proper.
TATS OF CALIFORNIA,
:58
City and County of
San Francisco )
Is Win. H. Metcalf, the Secretary of San Diego Water Supply Company, 40
tereby certify that the foregoing is a true and correct copy of a resolution duly
RO
ra ou or
a-
1
t
c. -.
15
er'S N ~.Alled and held at the office of said company on the 13th day of July, 1932, as the
Passed and adopted by the Board of Directors of said company at a meeting thereof duly
Lid resolution appears in the minutes of said meeting and the same has not been roe-
Inded or modified and is now in full force and- effect,
Dl
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of sal
tion this 13th day of July, 1932.
t Diego Wm. H. 1(atoalf
f/!ater Suppl Secretary.
if Company \\ Incorporated
t\ July 10,1924/
\evada \
rded at request of Grantee JUL 26 1932 at 15 1-Un, past 9 A.M. 36742
12.00 - 0. M. Swope, County Recorder.
- -
- By Deputy D. Cole.
--- 0000pO-_--
IN THE SUPER 1OR OF C .LIFORNIA
to &AN GRAB and MARY KEEP ' Je'
Lai *112
1 . S. BRODERICK a d ANNIE E.
10.71830
I3. 8. H. BRYTON;'\JDA BENESCH, )
EROD1RICK, hUBban \and. wife, )
BUTH&I%N INV8STMT XPNT, a )
1h 0r?orht1on,.TOH D08 CW!PANY, -
I
Defendant '
COrporatjo, JOHN DOE,\ RICHARD ROE,
830
aift,
IN AND FOR THE C0L OF SAN DIEGO//
-NO TICZ OF LIS PND1 -
NOTICE IS HEREBY GIVN that an action has been commenced in the Superb
COt of the State of California, in nd for the County of San Diego, by the above nan
Plaintiff against the above named defend ants, and said action is now pending; that sal
-
letion has been brought and is being proaooutdd for tk purpose of obtaining a judgmen
glad decree of said Court enforcing and foreclosing a certain mortgage bearing date Web
Yuary 1, 1929, executed by W. S. Broderick and Annie 3. Broderick, husband and wife,
dIt6fldt5 herein, and filed for record and recorded 1n 'tbe office of the County Re-
o
CDe? of said County on the 7th day of February, 1929, in Book No.552 of Mortgages at
no
h Pt8e 482, and directing and ordering the sale of the lands and premises described in
I14 mortgage, and situate in the City of San Diego, County of Ban Diego, State of
- California, particularly described as follows, to-wit:
t Lots eight, Nine, Ten, Eleven and the South 20.64 feet of Lot Twa.ve, in
Two Hunred Forty-five, of University Heights, according to amended map t'!..reof
lade by G/L. d'emeoourt in I3ook 8, page 36 at Bet. of Li. Pendens, filed in the offi a
• bt the Cpunty Recorder of San Diego County;
Al.. +.+ +4., P ti,.... a....,+ D..... Ai ni"I"v Mold
I
F
t
;jego, State of ifornia, cribed
follow" o 2 n Ri wenty two (22 Q TON S EXTENSION, a -
t eof No. 1856 filea .. e oiTi e ty Re
an Diego County September 12, 1925.
This. TrzPed is second and subsequent in lien to a first trust deed in f r of
the First Federal Sayings and Loan Association, of record.
f For the purpose o securing the payment of one promissory note (and y renewal or
:utension thereof and an\dditional suns, with interest thereon, as a be hereafter
borrowed from said Beneficia, by the maker of said note when eviden d by another pro-
:ojssory note or motes, certifi'I by said Trustee as being secured ereby,) in the prin-
cipal sum of SEVEN HUNDRED EIGHT!EIGHT and NO/lOO DOLLARS (78 .00), this day executed
the Trustor in favor of the Beciary, together with pay ent and or performance of
every obligation; covenant and agreement hereafter rc3ferr7(to.
TO HAVE AND TO HOLD said property l \ pon the same Ep4ss Trusts as set forth in a
i Deed of Trust executed to the Trustee herin and now, f record in the office of the Re-
corder of the County of San Diego, State of \Cali,71rnia, in Rook 881 of Official Records,
page 472 et seq. thereof; which portion of-aid Deed of Trust, being paragraphs ttlst
to 4thn, and all of the paragraphs and sub-pjgraphs under section "A and "B 5 thereof,
:jj inclusive, is hereby referred to and 41e a pt hereof.
THE UNDERSIGNED TRIJSTOR REQUESTS tt a copy or.any notice of default and of any
gotice of sale hereunder be mailed to/(Lim at his addrGs opposite is signature hereto.
pailure to insert such address sh9 be deemed a waive\of any request hereunder for a
co of such notices. / \
NAME / ADDRESS
Archie Pasley Elliott/I' Box 57, Bostor4a, California.
WITNESS the signature o said Trustor the day and year fit above written.
The foregoing trust is her by accepted. Archie Pasle>\Elliott
AMERICAN ASSOCIATES'
By --- / (no seal)
TATE OF California
County of San Dieg./ ) ss. On this 26th day of July, 1941, before me),,the undersign
a Notary Public in/and for said County and State, personally appeared ARCH.E PASLEY
ELLIOTT known to Ze to be the person whose name is subscribed to the withiff , nstrument,
ad cknowiedgto me that be executed the same.
Witness niy'hand and official seal.
/ Marie D. Sparks
/ Notary Public in and for said County and State.
/ My Commission ExpireJoi-1i943
!ecorde at request of R. Sman AUG 2 1941 •14 rain, past 10 A.M.
1.20 . ROGER N. HONE, County Recorder
4 7 A By B. N. Howe.
&PUtY ____000
7A-683
RIGHT OF WAY EASEMT
and
er
her,
•rsj
SAN DIEGO COUNTY WATER COMPANY, a corporation, organized and existing under the laws
of the State of California, herein called the Grantor, for valuable consideration does
hereby grant to SOUTHERN CALIFORNIA TELEPHONE COIAPANY, a corporation, organized and exist
-g under the laws of the State of California, its successors and assigns, a right of way 4
fifteen (15) feet in width under and along the strip of land situated in the County of
San Diego, State of California, hereinafter particularly described, together with the
right at any time, and from time to tine, to erect, construct, reconstruct, replace, re-
pair, maintain, operate, and use under and along the said strip of land, one or more
CTJ oried cables and/or underground conduits, with all necessary cables, wires, manholes,
markers, and other appliances and fixtures for use in connection therewith for telephone,
telegraph, and communication purposes; provided, however, that no buildings or other
structures or equipment shall be placed on or above the surface of the ground excepting
test markers, and that each such test marker shall be at least three thousand (3000) feet
removed fr other such test marker.
All rtion of the Rancho Agua Hedionda, , County of San Diego, State
of Caj,ifornia, according to Partition Map ther..-No. 823 riled in the office of
the County Recorder of San Diego County November 16, 1896, described as follows;
Beginning at Corner No. 6 of said Rancho as shown and delineated on said Map,
running thence North 89 0 59' East along the South line of said Rancho as shown
on said Nap 5317.58 feet to a point; thence North 0 0 32' West 7038.98 feet to a point; thence South 89 0 281 West 1865 feet to a point; thence North 0 0 34' West 1319.22 feet to a point; thence North 64 0 35' West 2531 feet to a point; thence
North 53 0 57' West 892.70 feet to a point; thence North 72 0 _141 West 1585.3 feet to a point; thence North 34 0 21' West 1290.3 feet to a point; thence South 63 0 42' West 893.68 feet to a point; thence South 72 0 24' West 2036.33 feet to a point; thence North 78 0 03' West to the line of the ordinary mean high,de of the
Pacific Ocean; thence Southeasterly along said ordinary or mean high,de line to
an intersection with the Westerly extension of said South line of said Rancho;
thence North 89 0 59' East along said Westerly extension of said South line 144
feet to the point of beginning;
EXCEPTING therefrom those portions thereof described as follows:
EXCEPTION NO. 1: All that portion of the Rancho Agua Hedionda, according to
Partition Map thereof No. 823 filed in the office of the County Recorder of San
Diego County, November 16, 1896, described as follows: Beginning at Corner No.
6 of said Rancho as shown and delineated on said map; thence running North 89 0 59' East along the South line of said Rancho as shown on said map 5317.58 feet
to a point; thence North 0 0 32' West 158.90 feet; thence South 89 0 59' West
along a line parallel with the South line of said Rancho 6137.80 feet to an in-
tersection with the ordinary or mean hightde line of the Pacific Ocean; thence
Southeasterly along said ordinary or mean high tide line 1705 feet, more or les8,
to an intersection with the Westerly extension of said South line of said Rancho;
thence North 890 59' East along said Westerly extension of said South line 344
feet to the point of beginning;
EXCEPTION NO. 2: That certain tract or parcel of land conveyed by Kelly Invest-
ment Company, a corporation, to The Atchison, Topeka and Santa Fe Railway Company,
a corporation, by deed dated July 24, 1909 and recorded in Book 473, Page 111 of
Deeds, described as follows: Commencing at the intersection of the Westerly line
of 100-foot right of way of The Atchison, Topeka and Santa Fe Railway Company with
the Northerly line of mid Lot H; thence Southerly along said Westerly line of 100-foot right of way 1302.3 feet, more or less, to a point opposite Engineer's Statical 2261 plus 22.2 of center line of said 3,00-foot right of way, said point being 75
feet at right angles Westerly from center line of relocation of The Atchison,
Topeka and Santa Fe Railway at Engineer's Station 2260 plus 63.5 of said reloca-
tion; thence North 37 0 28' West, magnetic parallel with and 75 feet Westerly from
said center line of relocation 666.3 feet; thence Northerly on a curve concave to
the West with a radius of 2789.93 feet, 75 feet Westerly from and parallel with
said center line of relocation 595.7 feet, more or less, to said Northerly line of
Lot H; thence Easterly along said Northerly line of Lot H, 30.8 feet to commence-
ment.
ALSO that portion of said Lot H described as follows: Commencing in the Easterly
line of said 100-foot right of way opposite Engineer's Station 2262 plus 02.5
of center line of said right of way, said point being 50 feet at right angles
Easterly from said center line of relocation opposite Engineer's Station 2260
plus 85.6 of said relocation; thence South 37 0 28' East magnetic parallel with
and 50 feet Easterly from said center line of relocation 3123.9 feet to a point
in the Easterly line of said 100-foot right of way opposite Engineer's Station
2229 plus 60.7 of center line of said right of way; thence Northerly along the
,Easterly line of said 100-foot right of way 842.8 feet to a point 50 feet at right
angles Westerly from center line of said relocation opposite Engineer's Station
2237 plus 96.6; thence North 370 28' West magnetic parallel with and 50 feet
Westerly from said center line of relocatioh, 2103 feet to a point in the Easterly
line of said 100-foot right of way opposite Engineer's Station 2259 plus 92.2 of
center line of said right of way; thence Northerly along said Easterly line of said
100-foot righG of way 210.3 feet to commencement;
EXCEPTING from said Lot H a strip of land 100 feet in width as described in deed
to State of California recorded August 30, 1935 in Book 432, Page 60 of Official
Records.
The center line of said right of way under and along which the said structures
shall be constructed and maintained is described as follows:
Beginning at a point on the North line of said property 7.5 feet Easterly of the
Easterly line of The Atchison, Topeka and Santa Fe Railway right of way and ex-
tending Southeasterly parallel with said right of way for a distance of approxi-
mately 1,450 feet; thence Southeasterly 30 feet Easterly and parallel with the
Easterly line of The Atchison, Topeka and Santa Fe Railway right of way to the
South boundary of the above-described property.
Said Grantor does further grant to the Grantee, its successors and assigns, rights ot
Lngress to and egress from said right of way hereinabove described by the shortest and
aost direct practical route or routes over and along any roads now existing upon or over
;he lands of the Grantor, or over and along such roads as Grantor may hereafter relocate •
r substitute for existing roads, and over and along any necessary extensions thereof to
said right of way; it being understood that the Grantor expressly reserves the right at
my time and from time to time to relocate any existing roads or extensions thereof es-
;ablished by Grantee, or to substitute other roads therefor. The Grantor further grants
Jto ~he Grantee the right to use any and all gates now existing or which nay hereafter be
jconstructed by Gre •and/or Grantee that may be necessary c4rantees access to the
Might of way herein described, and all such gates used by Grantee shall, in addition to
the Grantor's locks, be locked by the Grantee's locks so that same will be locked or
unlocked by. the Grantee independently of the locks of the Grantor. Permission Is also
granted to clear and to keep cleared all trees, stumps, roots, and brush from said right
Of way.
RESERVING, however, unto the Grantor, its successors and assigns, the right to use
the surface of said right of way for grazing, agriculture, and other similar purposes
and to construct, maintain, operate, repair, and use In, under, over, across, and along
the said right of way roads, fences, pipes, ditches, flumes, canals, and lines of any and
all kinds for water, oil, gas telephone, telegraph, and all other uses and purposes what
soever not inconsistent with the full enjoyment by the Grantee of the rights hereby gram
ed; provided that the Grantor in the exercise of any of the rights herein reserved shall
not permit the erection or maintenance of any building on said right of way.
The said rights are hereby granted subject to the following terms, covenants, and
conditions, which shall be covenants and conditions running with and attached to the saic
rights hereby granted, and binding upon the Grantee and its successors and assigns in
favor and for the benefit of the Grantor, its successors and assigns, to wit:
1. That the said right of way shall be used for the purposhereinabove specified,
d for no other purpose whatsoever.
2. That the said buried cables and/or conduits shall be laid and constructed at a
.depth of three (3) feat on land now under cultivation. At all other locations the depth
of the cables and/or conduits shall be at the discretion of the Grantee, but not less thaa
:twb (2) feet. Grantor may designate to Grantee during the work of construction what land
are under cultivation.
3. That the Grantee shall so exercise the rights hereby granted as to avoid unnec-
essary damage to the Grantor and its lessees and tenants and to the roads and gates used
by Grantee; and the Grantee shall Indemnify the Grantor and its lessees and tenants from
ny and all losses and damage which may be caused by the Grantee in Its exercise of said
rights or by any wrongful or negligent act or omission by the Grantee or by its agents or
jesPloYees and-the Grantee shall repair any damage which may be caused by its use of any
of iaid roads and gates, and the Grantee shall close each and all of the gates used by
4rantee immediately after it shall have had occasion to use the same, and shall keep its
on said gates locked at all tines when the gates are not in actual use by the Gram-
tee.
4. That the Grantee in the exercise and enjoyment of the rights hereby granted sha l.
avoid unreasonable interference with the use by the Grantor, or its successors and assign 3 ,
of the rights hereinubove reserved as is not inconsistent with Grantee's full enjoyment
of the rights hereby granted.
5. This easement is granted subject to all rights and reservations of record.
IN WITNESS WHEREOF, the Grantor has caused this instrument to be executed by its of-
ficers thereunto duly authorized and its corporate seal to be affixed this 9th day of Jun ,
1941.
SAN DIEGO COUNTY WEE COMPANY S DIEGO COJNTY By Griffith Renshaw President V TEE CONPAN
By L. Loretta Young Asst. Secretary. I FRANCISC , CAL
CORPOEATED JULY
2 1922.
STATE OF CALIFORNIA ) ;County of Los Angeles ) ss. ON THIS 9th day of June, A. D. 1941, before me, Ella Scott
a Notary Public in and for the said County and State, personally appeared Griffith Hen-
shew, known to me to be the President, and L. Loretta Young, known to me to be the Asst. Secretary of the Sari Diego County Water Company, the Corporation that executed the within
Instrument, known to me to be the persons who executed the within Instrument, on behalf
of the Corporation herein named, and acknowledged to me that such Corporation executed
the same.
424
o ;;\, '
-
C-
11.
-J-1 c.J
(
official the IN WITNESS WHEREOF, I have hereunto se of
day and year in this certificate first above written.
Ella Scott OLAl~Notary Public in and for said County and State.,
Ny Commission Expires April 21, 1915.
Recorded at request of Lessee AUG 2 1941 1 mm, past 9 A.U.
3.40 ROGER N. HOWE, County Recorder
45305 30 COMPAD By Deputy P. Cole.
UN TV DC..000
THIS DEED OF TRUST, made this 25th day of July, 1941,
Between ALBERT G. READER and AUDREY N READER, husband and wife, hereinafter called1
teftRUSTOR, UNION TITLE INSURANCE AND orpofa—tio'n, of to, I
C4'ornia, berftiter called the TRUSTEE, and VERNON OTHO CLAPP and VIRG A FISCHER as joint tenants, and a LAPP, nd wife,/hereinafter called the BENEFICIARY:
WITNESSET}I: That Trustor hereby grants to Trustee, in trust s th power of sale,
that property in the City of San tiego, County of San Diego, 4ate of California.
desbribed as: / of Villa Lot Thirty and those portions of Villa Lo4 Twenty-nine and Thirty-
or of ALLEN TERRACE, according to Map thereof No. 1620', filed in the office of the'Cuxity Recorder of Sari Diego County, December 30,'.913, described as follows:
Beginni at Southwest corner of said Villa Lot 29;/thence Northeasterly along
Westerly line of said 1t a distance of 15.66 feetl thence East on a line paral-
lel with arid, distant 14.29 feet North of South 14e of said Lot 29 to Easterly
line thereof; thence Southerly along Easterly lifie of said lot to Southeast
corner thereo thence West along South line 0/ said Lot to point of beginning;
Beginning at Nothwest corner of said Villa Lbt 31; thence Southerly along
Westerly boundary line of said lot a distanc le of 9 feet to Northwest corner of
land conveyed to\William Niven and Clara TiNiven, husband and wife, by deed
dated September 4, 1921 and recorded September 10, 19 1 in Book 861, page 199
of Deeds; thence ast along North line of the land so conveyed to said Niven,
being parallel with North line of said Lot 31, to the Easterly line of said
Lot; thence Northr1y along Easterly line of said Lot 31 to Northeast corner
thereof; thence Wst along North line ,,of said lot, a distance of 369.51 feet
to point of boginring; /1ri
ALSO all that port \.on of Teralta Place that was vacated and closed to public
use on February 18, 1924 by Resolution No. 30803 of the Common Council of the
City of San Diego, \lying iamediatply Westerly of and adjacent to the foregoing
described premises.\ /
\ / FOR THE PURPOSE OF SE1JRING:
he
/ -
FIRST. Payment of t indebtedness evidenced by that certain promissory note (arid
any—renewal or extension theepf)'in form as follows:
7,000.00 >N San Diego, California, July 25, 1941
In installments and at the time"1ereinafter stated, for value received I promise t o
pay to VERNON OTHO CLAPP and-VIRGINIA FbHER CLAPP, husband and wife, as joint tenants,
or order, at San Diego, California, the prin'pal sum of SEVEN0USAND Dollars with in.
terest from August 5, 194 on the amounts of prihcipal remaining from time to time unpaj&
until said principal sum is paid, at the rate ofI've per cent per annum. Principal and
I interest payable In monthly installments of FIFTY tllars, or more ea, on the 5th dayi /
of each and every month, beginning September 5, 194, and continuing monthly until paid,
/ I Each of said payments shall be credited as foUows: First on the interest then dues
and the remainder/,n the principal sum; and interest shall thereupon cease upon the 8mOL5
so credited on e said principal sum. Should the in\rest not be so paid it shall, at
Ilk
the option of 7ie holder of this note, become a part of"te principal, and thereafter bear
like interest/as the principal. Should default be made in he,,yment of any of said j.
stallments wien due, then the whole sum of principal and interest 'h%allbecome immediate.
ly due and1ayable at the option of the holder of this note. Shoul t be commenced
or an
aiyof
rney employed to enforce payment of this note, the undersigned agrees to pay
in addin, a reasonable sum as attorney's fees. Principal and Interes payable in lee.
ful iuon the United State. This note is secured by a certain Deed of\Trust to the
UNION TITLE INSURANCE AND TRUST COkIPANY, a corporation, and is given as a p rt of the
prom:
prio:
ploy
rust
payms
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Td&PMX 4D TM04WH 0WVdY. a cvwc nuo
pae(j. orst. r&p1* ri*?e much aerial 1 indrgzJ
. cOunit tfl2t?4 Urd-M470 M frOm tIOW to t*e rOQUATO. cOnnisting of po •
rnu1uI#4h ft and enwuos. over. qnde Ps'.4 uGi , . . . *Otodq resa 1t$ fl
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j e4y t4 Lt w3w of 12zG Agm Hadionda, 1rtng zu"rlyo
th. 1t lima of thi A 4cUeuaj and nt R&iiy r5.gt of
r T M th* ,3tAta UIY w W xm p=3 al 4ta ,
. *. hy a±Lty tñ t &.th 1 'i • Lot : nó t1 ? &rt ,
, AS= ffoftoaft Ulu& NwUsastarly *f th &fr1y 11to ot tho Att
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Re -do &x, iso Como, a 1ir f port .
aewi o Partition thwoor ft. ati tild tr tho County .'
j Iic4:'t f1 an of 1.gc uzty itcq 16, 196 W
s detbod eçit altan be located on a atrip of 14 four (4) fact In vtdth
t
the *dIL4d 1UQ'Coutbwatorl y, of and, 0tt1 the to11ixig
'ftri=dvZ at the &uthtsz3y or of the zbove dibd arty tte
, t$z17 ou tho Souther2y pvrarV li ts it rt T&Leh said point La 25
). atid at zt MAS1,20 ftva the ty 11x of tho 4teh.ton, Te1a • . ' - .
and Santa ?e tha trug point of 14 4 . . gii4g; tLGtaa Pith17 39 fet.QZ the zvc øf a i1e cas to Q*?
. tOI th1t4L &r4 jg 0237 and length i!I 39,68 tt; thence
th
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- - . or 235)' 1t to th vt of tiat5i tta Ntt1y S • • • ! .
:
SS g5 th . .
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co '*,d tv Us.rs Till.. J. ? ' • '- , c • . , • S 4 . . d~w'CO .ngj Trout Company St •S .4-V 5 'flfls€SdMI/ifl . ' J
S • , '• S • • • • OI)tt II h; ni tnn OSMntSr.qcj at to £t 3s•SO..ca tSOfl a £ . S • •, • • - th. tjv - . . S j 0 ••
.
Grantor covenanta for belf, h i s iimcessorm w)d zUgnot to place in maintain any bul Idine, or Iruce on
said ('$it. . . . ' .
S Gr(tf LdM gra8t to crane rht to trim 8Uch trees and other foUgf and () cut such roots on - .
' •0 proVrty ' na li uc1;uy or t he prot'tton of isjd. -t'tur uI to ent r upon iiaLd proMrty at all t i$ for - - jJ
S purlow or rights Grantee u I&ilo to Grantor for 1*flY FUth 4 . . Occur to he tiv .cvrd pouxty Ii r.on o to .1 fgnc' on the pert of Grantee In the exercise - t
- ftti*%T*.3, %*RF this 1tItr4wr i eMtUted thts4i!M -_ . . . . S . S •
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ft "a arid ya: t~._hff realdes t.
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us re ' : sale.
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the boneD
Mortgage
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no owner. an
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interest as
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do, coter remove, a bir,e ip the also, tie m able attcn It is herein glv
Property.
In its
Saute,. an
IN WLTT
EASEMENT OF RIGHT OF WAY
Know All Von by Thee. Presents: PAIL ECK and MAGDLENA ECKE, husband and wife 613
as j.int tenants, hereinafter designated Grantor., owner of the hereinafter do- scribed land., for and In cons ld.iatlon of Seventy Five Hundred Dollars ($7500.00)
does hereby grant to The Vista $onitatio.i District, a County sanitation district,
and The City of Carlsbad, a municipal crperation, as tenints in con, herein-
after called the Grantee, their successors and assigns, an easement in, upon,
.3 r and acres* tkr hereinafter described lands, to erect, construct, reconstruct,
...'.ea, r--:r, aa,ntg,.: and operate a mater pip's lino, ar pipeline, manhole,,
.,..ar lateral pipaLis, with aU the necessary equipment and appurtenances thereto,
together with an access road over and across the hereinafter described lands,
together with the right to clear and keep clear said easaments from buildings,
structures, materials and other hazards.
The lands in which said .ae.s.snts are hereby granted are situated in the City of
Carlsbad, County of Son Diego, State of California, and are particularly de-
scribed as follows:
All-that portion of Lot 14 of Rancho Agu. Nedienda, in the City or Carlsbad, County
of San Diego, State of California, according to Partition lIeD thereof No. 823,
filed in the Office of the County Recorder of San Diego County, November 16, 18961
-
lying within a 17.50 foot strip of land lying 8.75 feet each aid, of a center line
described as follows: Beginning at Point T, as said point is described in deed to
the Son Diego Gas and Eaclric Co. recorded in Book 4722, page 350 of Official
Records of the County Recorder of San Diego County; thence North 66°54 1 10'
East, 50.00 feet to a point in the Easterly line of the Atchison, Topeka and
Santa Fe Railway right of wey, said point being also the Southaeaterly corner of
that tract of land conveyed to the San Diego Gas and Electric Co. by said deed
recorded in Book 4722, page 352 of Official Recorss thence continuing
North 6654110' East along the Southerly line of said tract, 14.00 feet to the
TRUE POINT OF BEGINNING; thence South 23 01340' East, 2625.51 feet to the be-
ginning of a tangent curve concave 4-et.rly hs.irg a radius of 500.00 feet; thence
Southerly along said curve a distance of 77.54 f eet, through s central angle of
5053 106a to the beginning of a reveree curve concave Easterly, having P radius er
1500.00 foot; thence Southerly along said curve a distance o. 465.22 rest, through
Lcentral anile of 17046,12" to the bagnning of a reverse curve concave lsatsrly.
vina a radius of 500.00 feat; thence Southerly along said curve a distance of
77,54 fd,t through a central angle of 8 053'06'; thence South 23013'40' East,
132,10 feet to on intersection with tiSt center line or Road Survey 1534 (Palcnr
Airport Roads on file in the office of the County Surveyor of said County, said
jntcirs.ction with said center line being hereinafter described as oo:nt 'A', and
to the beginning of a 20.00 foot strip of land lying 10.00 feet each side of a
center line described as follows; Continuing South 3013'40' East, 523.48 feet
to the beginning of a tangent curve concave Northeasterly having a radius of
1000.00 feet; thu,ice Southerly along said curve a distance of 106.15 feet through
angle of 6°04 1 54" to a point in the Northerly line of land described in Lcentral
cssisnt recorded October 5, 1959 in Book N18, peg. 363 of Official Records.
Together with the right to install, construct, operate, maintain, repair and replace
'road for Ingress and agrees and water and utility lines over the property d.-
scribed as fcllossi All that portion of Lot H of Rancho Ague Hedionca, in the City
of Cer1bcd, County of San Diego, State of California, according to Partition Map
thor.of No. 823, filed in the Office of the County Recorder of Son Diego County.
November 16, 111969 lying within a 20.00 foot strip of land lying 10.00 feat each
side of center line described as follows; Beginning at Point 'A', above de- • scribadl thence South 23013'40' East. 523.48 ftat to the beginning of a tangent
curve concave Northeasterly harping a radius of 1000.00 feat; thence Southerly
6°04'54' along said curve a distance of 106.15 feet through a central single of
to e point in the Northerly line of land doocribed in document recorded October 5,
1959, in Dock 7I8, page 363 of Official Records. E)UEPTUG therefrom that portion
lying within Road Survey 1534 (Palomar Airport Rood).
II
-
01
__-- - S- —;;-- --.---- —.- -
-
-
Grantee covenants for themselves, their £uccsuors , and agents that
an
work in connection ikh t"inet'illation and/or maint.ntnce of the road, 111
MO sr pipeline and their wpurt.reoc.s shall be don. in • rk,n* manner and in accordance with standard engineering practices, end Grants., their -
tpFcessurs, assigns or agents shell be responsible for any damage to Grenter's -
- esisting or future facilities occasioned by or srisu'g fr'm he construction -_ - -. - trid/or maint.r.-siic, of said road and ,ee.r pipeline within said Grantor's
itor reserves ,ato itself, its .uccessors and assigns the right to use h n
the
sub surface eurfac. and eir,price kh.r.nv.r, of the hsr.inb.tore described oI(,Ion
• road and a,aer pipeline ee,eeants for the installation of such f&cilts.s as gcjg
It chall no, or in the future iI..in necessary, provided, howver, that such re-
served usc rights shell not b exercised by the Grantor, its successors or
assigns, in such manner as tc be incompatibl, with the right, herein granted.
Grantee agrees that If for any reason said easmmants are abandoned by said I(J-
Grant.. for a continuous period cf one (I) year, then all rights herein granted •
shall revert to the Grantor, its successors or assigns. automatically and with
out the necessity of re antry or rilce
- Grant.., their successors, assigns and agents further ar,e to mate such
arrwigstnenta with Grantor's tenant as tncty he ciecssssy, nd fu'thr agree to
accept sit responsibility for dM.ge to crcps and/or?0party of said tenants -- / - - occasioned by or arising out of the cocisirctson, rirt3nar'ce or use of said
41
roadway and Lewir oip.line.
'flJ nn- AJa,.
IN Ifl1ESS WC EOF, the C,anI n,n-cutsd thee. orosar
I MEW this 'Z ° ,4ae, cif
5(1 Ku 1.11, HIP (I
-
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This ill to certify that cb& interest in rail t roert3
nriveyOd by the deed or g?ntdatod May U. 1964
$kOon Peua £c. 4Msgâs4.ea Ecke to the Vista ¶ tn
Sanitation District p&-Kt.-L&l ccirpratiOn icid ,,r
goornrnont5l agency, is hebv accepted by order
of the Board of said DistriCt on May 25 1964 and the '- grantee consents to i'acorci*UOIi thereof' by its duly
suhorisad officrn Dated: May 25, 1964, ' ., IIOI ,rI
o" nNPUP l ChafwAfl o t QQLpli$Gt0r6 of iid District
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650 f4c
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-
Lci 4id )J. 1LV'. •j44 th et ta!1 o 1=4 • O, 1935 02 9400 60 09 09fie tal
•;.-aid boLj • a zdal to said curves aid W.
s4curw tvø,1 engle off X*34 101' • diatartad
;'.;•• :!; I
• • • • • • •
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102.18 feet, and cccflf aln -id dary 8 4 7*2., 3C4.S fIt
the LlY t2t ct C4b( '6r aa t6ctibO in ttv dead
n rhe Stt abova, iL'nc* a3o, said o'ra.a 3i, 5,4"23'51".., f.*
point at be1nnin. -
L 2:
Begimilrig lit the tIi.'.'s r.f Cot.'r 10 in said
t.rt wentionwd 0eecl Ct a5racC if C lfonU fr Paul 8.clL, at u, as
a 6 inch 5,, b thl, cc'n'r ,ttncrant bwL.'t et: a-ark*d It 5349,85.ô4 feet t.'td :< ,t?0,454.'.'.' feet, cboce 4.1726'18"f. 18.23 f*et
thence s.54"32'55E., 142 76 Eawt L1sr.4.' S,654 Z3." • 28.11 eet o the
'eeteriy lthe of th. 00 f'ut ."itt of wSy of rh &rnn,
Fe Rei1M' Coe.'pnv an dtlbeC Sn 2.e.ii to C'.1 fctrn&e JthaCn
t1rod flied t0rh 10, 3691 In tIe Office .f the ol aatd count!,
in Ocok ec C7 ,f OeeO". the,*Ce nto .'-' '4'E., 352,19 fact;
thence 3.73'36 247,96 .''.e; thence 1• 44.46 tant; thence
.4 4",'9"E., &3.41 fuvt tI" e N i"'24't , 23 feet; thence
"eq 1 ".' , -, ft. r e N I 7t 'N 3. i'' feat t.hr.'c*
O'ItO'W., 145O.1 feat to poC.'t ha2o' et Y352.082.18 feat
.' ,1 610,5 J 'l ."c t. .' en .' 3 6
2411"W., 4'5CJ.215 feet; toe: i, N.S'37' 5?5J ....'S feet; thence
39 -57 60"AO feat; rhr:.CC S 43"C)O".' , 353.33 foaL; thence
3 1 2011w. 14(1> fact to a 2o 30 fee.. herSy I pprdtPY
:o the Noth 11r CA Chet. e1 r leod dt :'1he in reed to PfCU Ilche
.'c.ce0 Apr51 29, 5'-. u:zr V>Ie 5.> i 9.4' 277.', pegs 348 of
>flle1 tocords: ri'.". a ;-sre>>al ic .tod 30 feat So.'. hcriv of eald therly
wIt<h oaare N 22'70"U. trt k
otnt he.tng er ji;tetrc 4 feet end
'2' 2)'t.2"'" feet .'o Lett ,ordttetad point
9.02 15'SJ'N t/i .i' feet; tbn'
.' J/ E te.' I et therc.a
rev hunce
26 ,10 &J r
.3,2&'48'52"55., 930. 'tf ccc.'
Nay of >ne.a"
>toeii ih.'d I'.' .cel .'. CIt / fCr( eJ flitd In tb ofItce
qc >er '' f ,.'' .. lr.',O1 [-'n:lnt N.'. 251738 in
.tic tol eic. co t'(i -f Road S.'>ra5 1534
!tl
flit in the offl.c C the . ': c ttiJ ":,unry t),t..e fl.02°09'37"N.
in
00.0:1 1 t the t a ,"eY ,hence
73 '. 8.. a 2 149 230 (.'2 ft tI;t
ccd it-i 612,41.2'4 ......'" S ,>'.'1 (hence
43 ' 4&15 k e..' I 2 o the >torth
Jed >.' N..'.3 in .iocJ .'., A. ((.r.'OCt,
coid 0114cc cI c l.ocot ..' .'I L1 CLLiLY, arch 14, 1946 odtt ,eoordar'S
SIlo No. 115°9 (.n 4n'4 5 a nJ7 02 "ff'il cocda "hence Clonk
I North (1r.e 5>. 4?' 24 ,.'31 , ' t act to a 1 1 T he.trD
17'48 ijøl.;'. netn4 ..i c,rdLC'4 348 930.63 feet end
,. ,.-,. ..''d >.' 3."17' ..nN., 1115.43 feet to
lest. coocdlt.'ctrJ pol"...., ;..'ee.c" N ,: ..O"N.. .53 teat; thence
62'06' '153'W 1.'1 (5'.' leer .' .,.o 8... 23*1 30.. 1 fast. thence
.I>'1009"tL, 221.96 feet; th'nwo ,.05"i&'29"ti-, 116 45 feet; thence
.. 10'06' 5"E. , 18!.'. 45 feet to the t( at34 cartel of aod conveyrd
r. '. . ;io-crcvt CC ua; ' at%c4 Al.ne sell b o.'tary N.'26'!>".'. 78.18 fret.
the Eatsr1y line of t ..'a rt.'ht .1 way of the i.tcbttt'r', Top.L}th rd 1.onte e
41
C : . c
4 4 44
1.' 1
S 1. - .
. .
£.k90615".; 11.4 to tte by of e*4 parcel of Lead cv
to P. A. 11ortoe, t n t'.CV tiIJ I$d 47 718 f*t
to the Eeeterly Itee of the 'IhI O7 Mth TO*e aad $Ia We
.1 £ A
I I £
r
Rei1ay Co. As coiweied by deed to thP Cali rnta Scithe izeed EL1d in
the office of the Recorder of said Co.mtY .erc 10 1 in Book 3 of Ye*dU -
Z; page 171; thane aIa said E6ter1y tne U.22 29"iJ., ô16.&2 Eezt o
line which bears 3.6514 37"E., fr a point beiv at cie ¶49,4943
Cent and 1,670602.65 feat; nce e10 aatd lno i.6 147 37.1
fort to bet coordinated potnt thence S.i 49'19'.r. 6646 f1 tO the
Soathe1y tnrinue of carae (4) en 4ihed in said firat eittoaf deed to
the State of Ce1ifrAie and as marked by a ftetd 6131 tech by eta inch cet'tø
rLht of iay .'onent being at coordioete 'z.'49 425.A2 fa.f end
X-..670,he feat; thence otceg the tuwadarV C' Stole nnd ea b
said iined, fl.13'27'33V.. feat; WW00.90 f £O t4t
point of beginning.
Tonthee with and tat addidOn ing at said S3tII'
Coaras 9 In ifret at toned nad to the itete one along the bceatMfl
of the ,arcel last da5ctthad above g.1 47't9t,, 6A.44 feet; *d
S.W14 37"t., iei.97 feat to caid garth itno of loeaC Airport twad right
of w.y; thence along said tlorth line 4.i473023'%1., 175.31 feat to to point
asid
in Conrea B in .eSd fleet. 0tiottad deed to the StatC thence along
Course 13, N.0149'1O'., 9.15 font to the potel of begLnuieS
EXCEPTIRS fl Parcels 1 owl 2 above any portion thorao cets3Wd
within the parcel of jan13 ccuvead an the State of Cell ntnts f roe Pdul EIh.
and Magdalen* gcbe by re.d deed recorded as pocuz*nt go. 83114 on June 113,1953
in licol 4894, page 694 of Official \ncoede.
Reserving hrver, .wto the 9reetor. bin S lSCeota. LCd a tgge, the
right to ioeaI1, replace, repair' rtoenE awl netht&tfl water and aae*
pipeiliaa teensy onlY tander the Szete h3WaJ et
Stetiol'il, 1859t-07 end 1819-HIS, all CItLd Stnt.1..L being eel the "bd"Vewn Line of the Stats Bepertnnnt of Pa..bUc th,zkIl' SureaJ 0, 1963 for a
in SA. Diego Councy. hee feti Ittea thell he batalled be
be neoth the surfteO of the h3ghWCY withir tonds).tli to 4trlCte rne4I.
and aintethsd by the grantee o,lrlY a.rOon the State higheey it 4,11.1
EnginaCr'S Stttona 169'07 and19HIS
The rights eceerved by the grantor gbe he sob5tc to the fotita/tattI
oviiiiona
the grantOt'e right to r*ptr his ft ilatiei eattiS aithi.e the StMe'
tweed tight of way in united to pertctel tb neinfn0000* and repit
cuts-,de the hig#nsay rigni of way. In no itCOCC the granter have the
right to traverse or use the hr of way for gatnteateflce jr rpi.Ir
of his fa0ilitiea without securIng the ieeoanee of i poll from the $tat.,
aIllith approval ,hl1 not be wretOruab thhald.
Said Parcels 1 and 2 ontin 4.14 acres note or lace, in ad Leioe to
the area within PaIne/it AiOt hoed ii desrLtn in ceid deed tO the Ctt 8630
of Carlebad by deed filed eencber 1, I9I9 ee No, 2fl7i13 in heelatr
Vega 21i of Official pecoede. end CISC the ei'-e within said Mchteen.O9Cht a4
Pa Ysilway Coepeny right of way as coo' trod by ovatalit in fo
Daod •t. Page 11, ratordS f seth CowSY.
/W 9704
NZ Mln
I.
1
J 4
1
I
I'
. .
-
This 0yaa aa to a 2 ab ts id* to tb*
freelMy and 0iictt*3 6 the 11O
to the ttC4 aoy c alt rtir.. aoa*S
tenant t mt0r $ tt
tTU3S and • tO tttG, bte
th' rtfl of cc *so to said (r44y end roads a'ar end newiv
folt''in8 deetbe4 linee:
- t
The to ter3.y 32. L9 feet of the
course ?ñ' e4t a 119.
ttthJ eeter1y 2L feat of tha aotz84 rLth 0 of
1.% feet; the wester 2S.(O 'at of the tue' with a of
tct the cere4$ With
the of IO.O feat. feat ant 2).O fet3 79
the e testy j3.( feet of the tth a-tee7b of ftn feet the
ccCr1y zoo tt c rea leozth e the
M-57
of l3t..CO feef the ttt feet of th4 eetO a
L.Atb of 1.57 feet the 'azth of 465.23 feet; the
11O.t0 feat of the cewee tttb a 1eth of 304.41 Ct the t't4
th9 of 228.86 feet. 114 01 feet, 186.4 foet. e.2t fe41 ,
347.10 feet. 1V 31 feet, .15 feet Z4.54 feet and i0.90 *ct.
at the 1atth4# cr.t of hot erc4l of tend rca5veytd to
Ct1b4d Industrial D#vei by taed veordtd bOt 4 n 3atk 6,
ItS
p540 143 of 0ffiCi1 p:e,:0G ec ,t.d ty a nt tron tth
eteepad 922 ba1n et to di 4 feat end
feet, thence i ons lotherY 10 thet e1 of lend dcecrfbsd to
deed to ?. A. flort rnetd4d t'n tO t14 47 of GfffCU1 P.etetds
'2641".. 654.9 fe to ta t nOt41
lo'.02 Let to the So.th tee rltht ot .8y fY' V?4L't AD4
(01w470d to the City of CAr 11 tOrot4 8I0 AI3 $OULh 11fl4
.7i0'fl"I.,
60 00 feet: Lheflt t141 to 8 t4tA0 60.0i f0t
the ceuraC deatt t.-4 ObOVA wI h etth of 0449 Z feett S.
47 40 feet to celd ly tie horton ta4; thrnte sold Wotha1Y
'tee S.8°24'4V'E., i002 feat to rhc otot f
Said P4tC81 3 t0t8k0 45 I e at ette o'r
1415S.
An to arce1 3 deet:tihad te ret0 frth0 undt tends that the
flOO of the ante to c: trtct e.3 19lfl ptbttt in4V o the
ted h.roby c e'e1 " icr e4 otO. ft hi48. hic encctaeora nd
3i'e, hereby t'-e- 7 a• t fO1C' te4tn-
th4 piopattY cant U.,08 to the
ete te by eaAen of the
tott.t00. tritt 0Od4CAp o eetet4tta1t of eatd
(AC used •bo8. the tern
Mt0' AhUlI It 1udO the plrtt as well cc the
r al:ul4 nhttile.ta. words
ac'tf end hit" eba.i jnciuOe the atItf
n
L
4nrthe tear re he.)
9704
• ,_5_jf! 7
-L
. I
r an the se i
d)
1V
,VVC t
'
I ç k
•' V
V••
•V
fig
1551.
it -
an
the GrMIMT furt rtr to
f
-.4
ar f%41t in drai atrip of "I", o11 era d;esoribsd 95
in tilts
M 26l
i
t?"• C 1
ot ta
c
c L1) O fot,
feet theo
d • f.ot to
EMt
th 100 fQO Vi
0 L 1Qn
4 Sutt l
8L
4 th ott ot 3 IV
Lines
site E
Ct it rt t
to
I,% tilt bO of tC Z
tho of td '100 foot
Rali rt 0f VUY-on it prO1 of id
UO st.tr o C
3q53 DOC' a
V
in on 4394 pg. :44 rf official ,cc.rdt t3 CaliltY.
V Cel 4
or 163a,th a40 tO
OaTe
'tm' th C i d
retclrd%4 'a
4 Cflt
c d r
i8 ot i90 of
83115
d, of oii Call
C
o
r the
CaU
0
1 00003w
I
I.' Vl VVl1
ty
alp
V V
date O 1Si
n r ç r2
ta rL
I
aar
a
., I..il ,VI lVV tII
tor r
the -
L 1
UI ) tIIJ I
o poli or
prtV rua4
of any LU to pCv0
V tIi rt''
(4c4 i/6ibS) 41 97011
4t
V •
I I
CY- V VVVV V .I V I V V
.S .
5'S:S 4 4
,S .,. • : i ,
::- •• : r lot
i&WM5' Own iw; 4 t o il
MA wr 5' f -s (tcfl M ,trim fVVIA L4 Zan IS
COCA KMA
"S I — I ,LJt* ,
4 —5
=11MON =1 O tXS 'Z-%,LR4M Al
.-- £4 . . '5'_ . - . .5 1_SS .5- • 1•
JtLL1t f'J
754'
zz j tc;II::r 4
-, S.
leg 5' 4
t * -— — — --
4 a414vM4 4115'5' 5'
14I 4.... '. ?
NK
5'
: -:'.:- 1 '-- c',5''I•• 1
gel r'6
I I I 1 -
- -
" '5''5' 1
g 4 5' J5444'4 J:14
'4
5'
"it
66
5' 5' s 14
5' 5' -' 5')' 5' 5'
4_I I__u 55 55
5'
-
5'5 •5* - r-: 5'141 5' - 4s)5's 1
-' Tj
5•• •4_ - - - - -
" ..'' I•
. - .--------- -.-------.--.------ -- ---
AN
0
at pazttca of Lat B of fte ioboApe isrdoa I Ev
0 e1of &o. 823 filed Lo tbo of ha (oy *'o.thw tt toU out
0 171u tthi a *fp of 7 2 £'oot Mm 10 oa . alAa of __ 0
fo11oi dsa4 contarlAimi
0
0
Ccj at dbo tozthca of Z04' as 0 0
ie4 to tha S.otu of Calif=a1z ftcm Fool KOM. at , d &O*O0 0 6 I=b i 6 imh coerots ooat WAI at aamalmw 7440
0 m4 X-1.170 414. fo.t thto. 0.47'23 23"S. 101 0 94wts 0
0 142.76 tt tat$ thtaae 173.394rf 100.20 East to the p=t (Y MIMUS, bn%P4 0 0
0 non-t caao to a of fat a radis t sold vrto ca4 ot bonro .0000 t!awo fl$4
• o% 74%3$
0 * diatsoce of 78.61 £*.t saoa t&toa frsaf to a 0
0 3i point La a tooaat crva cooa to tha Vortlw&n
•
atZtale ortestazty, e1aasid tza dat ox1 t of
0
to ti aii of t 10 fot -t of of. tha Mthtao t ant* 55 gsof to tha (js tau 0 filsd In 8occ 38 of MIBdip at p4ta til on mrkmw 10 1001 said 5t0f to 0 tha Ocath by a 1La teArIng 8 73 0-Wwz.*.4% tho pa0 0Y
lth; ad an the Vtorth by a 1b W1h thraAJb s
tha1y taioa, of last sboia 4*O0 a&rs wizh a QuI of 4.0
fast
Csataioio 0.18 of so *C*?. OOtS oT 155$. oo4 0
The d4ta or paauessloo ty ts b9ro10 44dDrLbO4 Mprt7
iIs eth5 AU O, 1965, tha dt ot t (Of
ocix'a i.i'*t).
0
1i
0 , ••0 •
•.;000
lop
;; •
4 j ,
V WN
it
:
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4
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t 3 ( ?V
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2
R
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ri
V -
Qt P~v
v }J V
pt 3Tk V \
c?c'
VzA 1.0
:1
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4
S .
so to 4mummamom e*. b
lUT mWm
2 '1
'4. r f .mat TO *30111' Of tt,.! till 84,0111
a ltj* ,L,T&i $3.60 its" L
$PP,Ca A*431* THIS 4.I'lIl r aEC0OIO 18 Uf* wic Gi2AN1 Cl" CASUMUNT INE Da-64"t,
kaa,tt. p4m w TIM l'AcWiC T?i8?NM AUD raz=Wa CQtl?ANY, aeopaea, IN IMCCUM SW ae$, 80
el Ceeate may llama thai t, that taa,af ma. caoivfa at tI'am, tuadmdb, tafmfu, median, pdiaatefa end aanaøvy
end I swaacea, I., eadet, end u3ne tMt .ta*ale mel pmaan to tIme COnet of _J.8tJLLSf.,.___.
I;
eC, pl*c*.upeitt*, I eefaea, m.tut,.Ia. Iopa, re$atd tad eas*ea ,Nja*,es
-- £tet, at Cab*nete 4tc,tl*c an
That portion of Lot "B" f hauo Ague, flediouda, according to Map
No, 9)3 filad for record on the 16 day of t4;,Vrnber, 1896, at
.'
described in dead recorded 1m Dook 2718, Page 388 of Official
ttccord., lying Easterly of tLt portion of lend deeded to the
State of California, reowded in [look 4894, Page 494 of Official
Records, and Easterly of the 100 font rit of nay of the Atchia.
p
p
Topeka and Santa Po Railway C npao • at dticribed in deed recorded
In Book 33, 'Page 371 of )eeda, and Northerly and Westerly of that
portion of land conveyed .to the State of Californiadescribed in
North of the North Lip,,, of Palonar Airport lot3, sa said load ii
dead iecøCdod at l'i.I 1OE# up, the ItI day of June, 1963, all lying
described in deed record,td in took 8)30, Penn 21a of Official
The above described enenI ChIll be located on a strip of land five (8) feet
Ytecorda, all in the 01(1,10 of the County Recorder of S" Diego
In width in asid property, time ,lep,tae ltn of which is deicrthod se
South 26 * WOO" hsat, 14:10 fet; tt,,'-' l,nuth 2l'4921" last, I I
Ncgthning at the aot Northerly t ermr nt vaid property; thence
531,94 feet thence ivuth l3'43'3" imit, .53.'38 feet; thence
South 1"4$'2$" West, 411,33 feet; i;oo. North 7a"07'26" float,
280.91 foot to the tro, point •.f hi-9; thenle South
780V26" hat • sixty (1,0) Jem't t, o" ink in t
line of said curve rrtIb .1 pr[ bearing N.mtt West-,26' Weat
curve concave to the P1,-ti men r 'f,u of 4S fact, a radial
eo -' • thence Northerly it -n t ti cup ' I eat; thtnce South tS'11,1 34"
Went. 430 feet ta P poInt 't f-p utn.
Geanta. fimel' he liable me C,nmw &,, ay al. p n, a,, n In the -dumedlad p.U8'eily by PIQi Of
on lbw pan of G,e,ne, Ia lb. eacrc'pr of the •ase,,,r,,t
IN WITNISS WME89PI ttmf, -mtea"l 1,•eeiad it ,, ',,.lap It •
',• a'of'' •' ç
A-
IX
a'f
,81lT
.",f inpo'.j
0' eQ
p,.)-
f S
p-aet,.a fti- P*UE I O
OCMJfSW -8138 24
This deed is given and accepted uron the understanding and upon the
condition that in the event the rroprtr described above OC an
portion thereof is dedicated and accepted for public street purposes,
the easement herein conyeed shall inndiutely terminate as to that
portion of Osid property no dedicated and accepted but ab1l remain
to full force and effect as to that portion of said property, if
any, which £4 not so dedicated and accepted.
1
C,.ntn ,hstt t* liable to C,rotc, n ma, Ut ,l a 0a. rUed mpefly ry rean Cf
nrjligon:e on lhe rail of 1. ,r,e
IN WIThfIt WIISRtOF tb, 1w-'tut ii enttil dii, iii - -.
-- - - - -- - - - - - - ---.-----.- .---'-----. - - --------. I >.a
au C
Lc
tOd
.,dIWI I' - p & •
f
I
IH
pl 3 of 3
oc&iZlci UWAtYrZ * • uu oxa DB.6
(Attoncy in FJc)
[ STATE OF rAI.1,'o:J.\ ) - COI'NTY OF I.O'
On inn.- 26, '' , c nc t c.i n , •as
in and 5or zild rtc c.Vc,t,n. 1' apa . '. ''cN HEZCN
knucrn to mc- to bt ih' prtcc'c t l'c • clacn' I hs -rlhccl n t
wIfthin Instrument. a. • h. At •' - — J a' I :c.da I ent E 1w
nnd Paul Wv.o and acl:n c I ndgc- to t hat Ic. cml - rLic<d the
'ccc of i-cia i If .cnd l'ai :c .Ocr ccc r ncI.oa a
and 111f, ccc:rl nccrn..- ac Ac.c c-rn'y-in
t;rfs my lici at' and It in .. .i •
FA 14Y LYNCH
: .nrtr jcrt7
)(3r Cisac j'tcc Lceccscbtcc' , 169 c
z
.
co cc
14 co
S
k
I A
2
4
4 t
" S j. 4w' -.'''• " .'°'° —
S
t
AV
bU Vet4Ce, 1thCt' o1(tejeg,
(a Va0go, atatl of o rutluca Map u Mid u i*the cty cgiey . •
. ••••' S.
S . .'
DEC 5 óAN'6
• S GTtClTl. ftCOOT
SAN fICCO COUNTY, tF çfj
elds Uzt,a NO FEE
Tho 4WOJiT tJ Woy oNoC &. th IfOS,4 g oitu{ th.eo,I IM 1t3..S: beginning it the point of inteectton of the aetery lie, of the 100.00
foot right of way of the Atchison, Topeko, and $eeto Fe ithed Company, es
do&otib.d in deed to the Celifornia Southern hall'oe& flied Mith 10, 1881 In ,00tC
38 ge 171 of Deeds with the Northerly Line of Parcel 2 of the land described In deed
tithe State of Ci1ifomls iecovled June 18, 1085 as Document No. 108755 of Official
Iecorda; thence E lyalceg aId NrthrIy line of Parcel 2, South 65°49'21' 1eit
I0.4 feet to found State Division of fflqhweye 1" Iron pipe; thence South 73039104°
Lest, 152.48 feet; thence Lt'lnj said ltwtherIy 1I;i NoCtI. 13.52 124" EAStg 141.28
feet; thoacs North 7$°0726' West, 10.00 Coat to the TAiN Point of Oeglenthe; eald
point being the baLnnSng of 440.00 foot dLuo curve 0000eve Westerly; thence
Northerly along the ero of uid cum's through e centrol angle of 2103814 e distance
of 1116.25 feet to a point on said curve the center of wtlh be*&re South 8013'40° Woe
said point ftleo beIng the beginning of a 20.00 foot radius outlo concave Southwesterl
thence Notherly ned Weoterly elcg ike era of said curve through a central eagle of
a diatanca of 44,48 feet; thonce rongoet to geld curve, South 8 0163 ------------__s_. S.SS •SSS .4 _1.0 t( III. A CUU.JO OU W U UI UI IAZ seI V'f .•
Topto vinci Santa P RIhOed tt which point burs North 22030129° 1
West, 1110. 2S tt £on tb oLnT of b 1tin: theco eloto e1d e4ter1y ttee, 0
floft 2$0'9° Ws.t, 21.00 feet thiee Uh 0S10'34° Eeut, 4f4hZt' fettos
ron1 oti the s
ta Sth 74202 Wet fie po&t e1et the eo of w
1eIe of e of %19.1 feet; thene
of
Ri
I
11
S
r
-
I
__
iAj4S L$4Jb IQpow is d vii s4
'D P55 t is ss sM 4
— - lxvA -s*A aw t&si
no rsr,* kia
---
I
I .
Ws..i .,cut4,J
- —-----------
,c' stme oF
Coty o
Lii CoLi4 ('(o.io
T1"MU; l-UA Ri3tSt7OM(
tog to thw pcs...
n.i,,_ !. ti1,.cgt6d to 16 wu;tA,
ad AcLv~Wb~zd to me -
my hwj WA off" &41
SEAL)
- I
*
. I
:--
STATE OF CIOtM )
) CUU1'Y OF Los $)
On June 197, before mr, the undersigned. d
OUfl(Y Said vtarm. per nnlly C. P. VON
1p2EN, known to. mu to be the Attorney- in- Fact- ot Medeleoa
who cxccti1d the within instrument, known to me to be thu person
who executed the within inatrumm on behalf of dei,ena Fcka
4,
- - therein named, and acknowlcdgcd to mu thaa said Madeiena Ecke
executed the same.
4
tTZ1ESS my hand and official
Signature
-- J
K.
• IIAI4PTOt MUTTON
ç'' ACCZ.PTANCE -
This Is to certify that the inee in -• :..a property conveyed by c.
grant dated dun. 1. 1967 froz
Paul and Magdalena Ecke L -.
to the City of Carlsbad, California, -.• .. -
4 political corporation and/or s
governmental agency, is hereby accepted
by the undersigned officer or agent
on behalf of the City council of the
City of Carlsbad, California, pursuant
Cc aut)ority conferred by Resolution
01517 of-i City of Carlsbad adopted
on J. 119q, and the grantes
Conets threcordation thereof by j iti WJp1yutho-red ofiçea.
• cfj• - i 3. ADhNS, City Clerk
-, 1968 J 00
K - -
I :1 -IN,".
lb
If after the intormatlon you nave SUQmLtte £as neen reviewe d
'that further information is required, you will be so advised.
APPLICANT: Palomar Venture -
Name (individual, partnership, joint venture, corporation, syndication)
31877 Del Obispo, Suite 211, San Juan Capistrano, CA. 92675
Business Address
(714) 493 -2222
Telephone Number
AGENT: Newport National Corporation -.
Name
- 31877 Del Obispo, Suite 211, San Juan Capistrano, CA. 92675
Business Address - - -.
(7 14-)- 4932222 . .
Telephone! Number -
MEMBERS: F.M. Brusseau, general partner
Name '(individual, partner, joint Home Address
venture, corooration, syndication)
31877 Del Obispo,Suite 211, San Juan Capistrano, CA. 92675
Business Address
(714) 493-2222
Telephone Number Telephone Number
Home Address
• _31877 Del Obispo, Suite 211 San Juan Capistrnao, CA. 92675
Business Address - -
(714) 43-2222
Telephone Number - Telephone Nuxaber
Donald P. Shiley P. 0. Box 207, PaUma Valley, CA.
92061
(Attach more sheets if necessary)
I/ce 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 upon as being true and correct until amended. -
ln~ 'Xsll ~Ns~ ApPlicant
Agent, 0::ner, Partn er
/ .
EXHIBIT "A"
96
THE LAND REFERREDTO HEREIN IS SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FIJLLCWS:
PARCEL 1:
ALL THAT PORTION OF LOT "H" OF RANCHO AGUA HEDlOND,
IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 823 FILED.IN THE OFFICE CF COUNTY RECORDER
OF SAN DIEGO COUNTY, NOVEMbE< 169 1896, DESCRIBED AS FOLLCS:
BEGINNING AT A POINT ON THE WESTERLY LINE OF PARCEL 2 OF DEED TO THE
STATE OF CALIFORNIA, RECORDED JUNE 18, 19659 RECORDER'S FILE NO. 106756
OF OFFICIAL RECORDS, SAID POINT HAVING COORDINATES Y EQUALS 3529082.18
FEET AND X EQUALS 1,6709550.47 FEET AND SAID POINT ALSO BEING AT THE
NORTHERLY TERMINUS OF A COURSE DESIGNATED AS NORTH 260 10 1 00" hEST, 1450.00
FEET; THENCE SOUTH 2610'00" EAST ALONG SAIC WESTERLY LINE OF SAID DEED
1,342.00. FEET; THENCE LEAVING SAID WESTERLY LINE SOUTHEASTERLY AND
SOUTHWESTERLY ON THE ARC OF A TANGENT 335.00 FOOT RADIUS CURVE, CONCAVE
NORTHWESTERLY THROUGH A CENTRAL ANLE OF 4830 0 00" AN ARC DISTANCE OF
283.57 FEET; THENCE SOUTH 2220 11 00" WEST 143.22 FEET TO THE BEGINNING OF A
TANGENT 265.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE
SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 3T31'14" AN ARC
DISTANCE OF 174.00 FEET; THENCE SOUTH 1517 1 14" EAST 33.93 FEET; THENCE
SOUTH 6729 0 31" WEST 70.56 FEET; THENCE SOUTH 1517 0 14" EAST 165.26 FEET;
THENCE SOUTH 6729 0 31" WEST 420.48 FEET TO THE EASTERLY LINE OF THE 100000
FOOT RIGHT OF WAY OF TrIE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, AS
DESCRIBED IN DEED TO THE CALIFORNIA SOUTHERN RAILROAD, FILED MARCH 10.
1881 IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, IN BOOK 33,
PAGE 171 OF DEEDS AND THE TRUE POINT OF BEGINNING; THENCE RETRACING NORTH
6129'31" EAST 420.48 FEET TO A POINT ON THE WESTERLY LINE OF THE LAND
DESCRIBED IN THE DEED TO THE CITY OF CARLSBAD, RECORDED FEBRUARY 3, 1969
RECORDER'S FILE NO. 8939; THENCE ALONG THE WESTERLY BOUNDARY OF SAID CITY
OF CARLSBAD LAND, SOUTH 1511'14" EAST 291.73 FEET TO THE BEGINNING OF A
TANGENT 51.41 FOOT RADIUS CURVE, CONCAVE WESTERLY, SOUTHERLY ALONG SAID
CURVE 13.25 FEET THROUGH AN ANGLE OF 1445'48", TANGENT TO SAID CURVE
SOUTH 031'26" EAST 92.65 FEET TO THE BEGINNING OF A TANGENT 403000 FOOT
RADIUS CURVE, CONCAVE WESTERLY, SOUTHERLY ALONG SAID CURVE 87.22 FEET
THROUGH AN ANGLE OF 1224, TANGENT TO SAID CURVE SOUTH 11'52'34" WEST
I2.95 FEET TO THE BEGINNING OF A TANGENT 20.00 FOOT RADIUS CURVE,
CONCAVE NORTHWESTERLY AND SOUTHWESTERLY ALONG SAID CURVE 32.98 FEET
THROUGH AN ANGLE OF 9428 9 22" TO A POINT ON THE NORTHERLY LINE OF PARCEL 2
OF THE LAND DESCRIBED IN THE DEED TO THE STATE OF CALIFCNIA, RECORDED
JUNE 181 19651, RECORDER'S FILE NO. 108756 OF OFFICIAL RECORDS; THENCE
ALONG SAID NORTHERLY LINE, NORTH 730 39'04' WEST 83.71 FEET TO FOUND STATE
DIVISION OF HIGHWAYS.I INCH IRON PIPE; THENCE CONTINUING ALONG SAID
NORTHERLY LINE NORTH 6549 6 21" WEST 206.46 FEET TO THE POINT OF
INTERSECTION OF THE EASTERLY LINE OF THE 100.00 FOOT RIGHT OF WAY OF THE
ATCHISON, TOPEKA AND SANTA FE RAILROAD COMPANY, AS DESCRIBED IN DEED TO
THE CALIFORNIA SOUTHERN RAILROAD, FILED MARCH 109 18319 IN COOK 389 PAGE
111 OF DEEDS; THENCE NORTHERLY ALONG SAID EASTERLY LINE TO THE TRUE POINT
page 1 of 2
• .._,•... '••.". _•1_* -_. -. ... .-..
I 97
OF BEGINNING.
PARCEL 2:
THAT PORTION OF LOT "H" OF RANCHO AGUA HEDIONDA, IN THE CITY OF.
CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP NO. 8239 FILED
IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 169 18969
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE "PA" LINE AT STATION 39 PLUS 65
AS SH(ThN ON STATE HIGHWAY RIGHT OF WAY MAP 10 -3773; THENCE
LEAVING SAID "PA" LINE, SOUTH 1152'34" WEST 68.00 FEET ALONG
THE "AE" 1INE.AS SHOWN ON SAID STATE HIGHWAY RIGHT OF KAY MAP
10-3173; THENCE LEAVING SAID "AE" LINE, SOUTH 7807'26" EAST
73.03 FEET TO AN ANGLE POINT IN THE SOUTHERLY AND EASTERLY
BOUNDARY OF PARCEL 2 OF THE LAND DESCRIBED IN DEED TO THE
STATE OF CALIFORNIA, RECORDED JUNE 18, 1965 AS DOCUMENT NO. 103756
OF OFFICIAL RECORDS, SAID ANGLE POINT FORMED BY THE COURSES .
"NORTH 8428 11 34" WEST 304.41 FEET" AND "SOUTH 11 0 19 6 09" WEST
228.86 FEET; THENCE ALONG THE SOUTHERLY BOUNDARY CF SAID LAND
SOUTH 8426 0 34" EAST 195.00 FEET TO THE TRUE POINT OF BEGINNING;
THENCE LEAVING SAID SOUTHERLY BOUNDARY SOUTH 0531 11 26" WEST 200000
FEET; THENCE NORTH 8428'34" WEST, 145.00 FEET;
THENCE SOUTH 8846 9 04" WEST 7165 FEET TO SAID COURSE BEARING
"SOUTH 11 0 19 9 09" WEST 228.86 FEET" IN SAID DEED IC THE
STATE OF CALIFORNIA; THENCE ALONG SAID COURSES SOUTH 1119'09" WEST TO
THE SOUTHERLY TERMINUS THEREOF; THENCE CONTINUING ALONG SAID BOUNDARY
SOUTH 536 4 29" EAST 114.01 FEET; AND SOUTH 1906 9 15" EAST 186.45 FEET
TO THE NORTH LINE. OF THAT PARCEL OF LAND DESCRIBEC IN DEED TO
P.A. HORTON, El UX, RECORDED MARCH 109 1944 AS DOCUMENT NC. 17399
OF OFFICIAL RECORDS; THENCE ALONG SAID NORTH LINE
SOUTH 890 26 0 41" EAST TO AN ANGLE POINT IN THE BOUNDARY OF SAID
STATE OF CALIFORNIA LAND; THENCE ALONG SAID BOUNDARY AS FOLLOWS:
NORTH 34I1 1 48" WEST 189.43 FEET;
NORTH 4616'I0" WEST 319.53 FEET;
NORTH 6206 4 32" WEST 247.03 FEET; AND
NORTH 8428 0 34" WEST* 109.41 FEET
TO THE TRUE POINT OF BEGINNING.
I,
Page 2 of 2
rPLOvEMAL INFORMATION FORM
VARIANCE
1) Gross Acres (or square footage, if less than acre) 4.27
2) Zaie. PM (Q)
3) General Plan Land Use Desigriaticn P
4) By law a Variance may be approved crily if certain facts are found to exist.
Please read these requirements. carefully and explain how the proposed.
project meets each of these facts. Use additional sheets if necessary..
a) Explain why there are excepticrial or extraordinary circumstances or
conditions applicable to the property or to the intended use thet do not
apply generally to the other prøpeft.y Or class of use in 'the same vicini±y
and zale: Th e property li-ne' sets approx im a tely_ '60' from the edge.
of Palomar Ai'rpô'rt Róad 'ana 20 to 271 'below the street' eevation. That
area together wjth the. normal 30' setback creats an unusually large, landscape
area for a sideyard which is 'not rèadibly Visi b le from the street. Further,
the grade jfferential greatly hampers the accessibility to the site
b) Explain why such variance is necessary for the preservation and
enjoyment of a substantial 'property right possessed by other property in
Una same vicinity and zone but which is denied to the property in question
Due to the limited access to the property as a result of sub-
stantial gra6e chahges at the intersection , the effielency of
the prOperty is adversely affected. Approval of the variance
restores the efficiency of the property as well asredudes the
maintenà'nde budén from the Palomar righ't-of--ay.
c) Explain why the granting of such variance will not be materially
detrimental to the public welfare or injurious to the property or
improvements in such vicinity and zcri4 in which the orocrty is located
The granting of -the variance will not effect th'visua1ap-
pearancëtrom Palomar Airport ±oaa aue to tue yue U'ILLLTIiJ-.
The remaining parkway along the roadway will still be appoximately.
Q' which should still be' sufficient to create a park like
environment. .
d) Explain why the granting of such variance will not adversely affect the
comprehensive general plan: he granting of the variance does not
deminish the land use of the property and shall conform with the
general plan designation.
PAUL ECKE, SR.
PAUL ECKE, SR. as Executor of the
Estate of MAGDALENA ECKE, decease
OFFICIAL SEAL
BARBARA J. CINVEN
Notary Public Calif.
SIiJ?ç. .Principal Office In
SAN DIEGO COUNTY
My Commission Expires August 2, 1984
0
11 82 111357
('1 /1 ( art lr /1
I""? APR 20 flI 2 3
RECORDING REQUESTED BY
35
i4ovftd Trust Coc
AND WHEN RECORDED MAIL TO
Nam.
I—PALOMAR VENTURE
5,,..,
c/o Newport National Corp.
Add,.,, 31877 Del Obispo, Ste. 211
city & San Juan Capistrano, Ca.
State LMr. F. M. Brusseau 92671
MAIL TAX STATEMENTS TO
Horn.
Street
Address same as above
City &
State
K-1089695 mh
I
fF
F-5-~:1'
LQJ
SPACE ABOVE THIS LINE FOR RECORDER'S USE
EXECUTOR'S DEED AND /210 -170 -04
Individual Grant Deed Z)210-100-08
TO 1923 CA (12-74)
THIS FORM FURNISHED BY TICOR TITLE INSURERS A P N 210-100-09
The undersigned grantor (s) declare (s)
Documentary transfer tax is $
( ) computed on full value of property conveyed; or
( ) computed on full value less value of liens and encumbrances remaining at time of sale.
( ) Unincorporated area: (X) City of Carlsbad , and
FOR A VALUABLE CONSIDERATION, recipt of which is hereby acknowledged,
PAUL ECKE, SR., a widower and PAUL ECKE, SR. as Executor of the Estate
of MAGDALENA ECKE, deceased
hereby GRANT(S) to PALOMAR VENTURE, a limited Partnership
the following described real property in the City of Carlsbad
County of San Diego , State of California:
PARCEL 1: All that portion of Lot "H" of Rancho Agua Hedionda, in the
City of Carlsbad, in the County of San Diego, State of California,
according to Map thereof No. 823 filed in the Office of County Recorder
of San Diego County, November 16, 1896, described as follows:
SEE LEGAL DESCRIPTION FURTHER DESCRIBED ON EXHIBIT "A" ATTACHED HERETO
AND MADE A PART HEREOF BY THIS REFERENCE. As to the interest of the Grantor, as Executor,
this deed is being executed pursuant to the Order Confirming Sale
of Real Property issued in Superior Court of California, County of
San Diego, Case Number PN 8703, in the matter of the Estate of Magdalena
Ecke, being recorded concurrently herewith.
IL
Dated April 19, 1982
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On April 19, 1 989 before me, the under-
signed, a Notary Public in and for said State, personally appeared
Paul Ecke, Sr. individually and as
Executor of the Estate of
Magdalena Ecke
known to me
to be the person whose name 15 subscribed to the within
instrument and acknowledged that he executed the same.
WITNESS my hand and official seal.
Signature
(Tlila area for official notarial seal)
I Title Order No. Escrow or Loan No.. I
t
MAIL TAX STATEMENTS AS DIRECTED ABOVE
F7 RECORDING REQUESTED BY 97D
WHEN RECORDED MAIL TO: )
)
CITY OF CARLSBAD )
1200 Elm Avenue )
Carlsbad, California 92008 )
Space above this line for Recorder's use
Documentary tra fer tax: $ No fee -
Signature of-declarant determining
tax-firm name
City of Carlsbad
Parcel No.2:LO 7O 04
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this iiay of May , 1982
by and between Palomar Venture
(name of developer-owner)
a partnership , hereinafter referred to as
(Corporation, partnership, etc.)
"Developer" whose address is 31877 Del Obispo, Suite 211, San Juan Capistrano,
(street)
California , 92675 and THE CITY OF
(City, state, zip code)
CARLSBAD, a municipal corporation of the State of California,
hereinafter referred to as "City", whose address is 1200 Elm Avenue,
Carlsbad, California, 92008.
W I T N E S S E T H:
WHEREAS, Developer is the owner of the real property described
on Exhibit "A:, attached hereto and made a part of this agreement,
hereinafter 'referred to as "Property"; and
WHEREAS, The Property lies within the boundaries of City; and
WHEREAS, Developer proposes a development project as follows:
REV 4-2-82
on said Property, whicWlevelopment carries the Aposed name of
and is hereafter referred to as "Development" and
WHEREAS, Developer filed on the ,( day of f7fl,
19 ,. with the City a request for --
site development plan approval
hereinafter referred to as "Request"; and
WHEREAS, the Public Facilities Element of the City General Plan
requires that the City Council find that all public facilities
necessary to serve a development will be available concurrent with
need or such development shall not be approved (said element is on
file with the City Clerk and is incorporated by this reference); and
WHEREAS, Developer and City recognize the correctness of Council
Policy No. 17, dated April 2, 1982, in 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 iieed for public facilities and services resulting from
the proposed Development; and
.WHEREAS, Developer has asked the City to find that public
facilities and services •will •be available to meet the future-needs of
the Development as it is presently proposed; but the Developer is
aware that the City cannot and will not be able to make any such
finding without financial assistance to pay for such services and
facilities; and therefore, Developer proposes to help satisfy the
General Plan as implemented by Council Policy No. .17 by payment of a
public facilities fee. .
-2-
REV 4-2-82
NOW, THEREFORE, consideration of the reals. and the
covenants contained herein, the parties agree as follows:
1. The Developer shall pay to the City a public facilities fee
in an amount not to exceed 2% of the building permit valuation of the
building 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 construction permits for the development and shall
be based on the valuation at that time. This fee shall bei•n
addition to any fees, dedications or improvements required pursuant
to Titles 18, 20 or 21 of the Carlsbad Municipal Code. Developer
shall pay a fee for conversion o f existing building 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 co-operative. The terms "other construction
permits", "other construction permit" and ."entitlement for use" as
used in this agreement, except in reference to mobilehome sites or
projects, 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 shall pay to City a public
facilities fee in the sum of $1,150 for each mobilehome space to be
co.nstructed 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.
REV 4-2-82
S .
2. The Developer may offer to donate a site or sites for public
facilities in lieu of all or part of the financial obligation agreed
upon in Paragraph 1 above. If Developer offers to donate a site or
sites for public facilities, the City shall consider, but is not
obligated to accept the offer. The time for donation and amount of -
credit against the fee shall be determined by City prior to the
issuance of any building or other permits. Such determination, when
made, shall become a part of this agreement. Sites donated under
this paragraph shall not include improvements required pursuant to
Titles 18 or 20 of the Carlsbad Municipal Code.
3. This agreement and the fee paid pursuant hereto are required
to ensure the consistency of the Development with the City's General
Plan. If the fee is not paid as provided herein, the City will not
have the funds to provide public facilities and services, and the
development will not be consistent with the General Plan and any
approval or permit for the Development shall be void. No building or
other construction permit or entitlement for use shall be issued
until the public facilities fee required by this agreement is paid.
4. City agrees to deposit the fees paid pursuant to this
agreement in a public facilities fund for the financing of public
facilities when the City Council determines the need exists to
provide the facilities and sufficient funds from the payment of this
and similar public facilities fees are available.
5. City agrees to provide upon request reasonable assurances to
enable Developer 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.
-4
6. All obliatiohereunder shall termina.in the event the
Requests made by Developer 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 of personal delivery
thereof to the City or by depositing same in the United States Mail,
addressed to the City at the address set forth herein, enclosed in a
*
sealed envelope, addressed to the City for attention of the City
Manager, postage prepaid and cer.tified.
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.
8. This agreement. shall he binding upon and shall inure to the
benefit of, and shall apply to, the respective successors and assigns
of Developer and the City, and references to Developer or City herein
shall be deemed to be reference to and include their respective
successors and asaigns 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. -
9. This agreement shall be recorded but shall not create a lien
or security interest in the Property. When the obligations of this
agreement have been satisfied, Cityshall record a release.
-5-.
REV 4-2-82
. .
IN WITNESS WHEREOF, this agreement is executed in San Diego
County, California as of the date first written above.
DEVELOPER-OWNER: CITY OF CARLSBAD, a municipal
corporation of the
State of California
PE::ioTtcr Vtture
(name)
BY -
City Manager
(Title)
BY
(Title)
ATTEST:
ALETHA L. RAUTENKRANZ, city Clerk
APPROVED AS TO FORM:
tO 948 CA (9-74)
- - - -. - , nn J R
(Partnership) J IN5UFIujc STATE OF CALIFORNIA TflE
ANDTR(j
COUNTY OF - Orange }
t b1ic idf ore me, the Undersigned, a Notary
e ***said State, personally appea D. K. Dahik -
to be -known to me
of the partners of the Partnership tt"( that hewithin instrument, and acknowledged to me that such Partnership executed the same.
WITNESS my hand and official seal.
Signature
4nsuzae Hayes
OFFICIAL SEAL
SUZANNE HAYES O NOTARY P'J81c - CALIFORNIA
ORANGE COUNTY
My comm. expires NOV 1, 1982
(Thts are* for official notsrhtt aesi)
'I.
.
EXHIBIT "A"
.
96
THE LAND REFERREDTO HEREIN IS SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED 45 FOLLCWS:
PARCEL 1:
ALL THAT PORTION OF LOT "H". OF RANCHO AGUA HEDIOUD&, - *
IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 823 FILEDJN THE OFFICECF COUNTY RECGRDER
OF SAN DIEGO COUNTY, NOVEMbEK 169 18969 DESCRIBED AS FOLLOS:
BEGINNING 41* POINT ON THE WESTERLY LINE OF PARCEL 2 OF CEED TO THE
STATE OF CALIFORNIA, RECORDED JUNE ib, 19659 RECORDER'S FILE NO. 106756
OF OFFICIAL RECORDS, SAID POINT HAVING COORDINATES Y EQUALS 352902018
FEET AND X EQUALS 19670,550.47 FEET AND SAID P01(91 ALSO BEING AT THE
NORTHERLY TERMINUS OF A COURSE DESIGNATED AS NORTH 26f0 1 00" hEST, 1450.00
FEET; THENCE SOUTH 2610'000" EAST ALONG SAIC WESTERLY LINE OF SAID DEED
19342.oc FEET; THENCE LEAVING SAID WESTERLY LINE SOUTHEASTERLY AND
SOUTHWESTERLY ON THE ARC OF A TANGENT 335.00 FOOT RADIUS CURVE, CONCAVE
NORTHWESTERLY THROUGH A CENTRAL ANLE OF 48.30'00' AN ARE DISTANCE OF
283.57 FEET; THENCE SOUTH 22 0 20 11 00" WEST 143.22 FEET TO TIE BEGINNING OF A
TANGENT 265.00 FJOT RADIUS CURVE, CONCAVE SOUTHWESTE(LY; THENCE
SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 3r31'14" AN ARC
DISTANCE OF 174000 FEET; THENCE SOUTH 150 17 9 14" EAST 3393 FEET; THENCE
SOUTH 6729 9 31" WEST 70.56 FEET; THENCE ISOUTH 15* 17*14" EAST 15.26 FEET;
THENCE SOUTH-672931" WEST 420.68 FEET TO THE EASTERLY LINE OF THE 100000
FOOT RIGHT OF WAY OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY9 AS
DESCRIBED IN DEED TO THE CALIFORNIA SOUTHERN RAILROAD, FILED MARCH 109
1881 IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, IN. BOOK 38,
PAGE 171 OF DEEDS AND THE TRUE POINT OF BEGINNING; THENCE RETRACING NORTH
6r29'31" EAST 42048 FEET TO A POINT ON THE WESTERLY LINE OF THE LAND
DESCRIBED IN THE DEED TO THE CITY OF CARLSBAD, RECORDED FEBRUARY 3, 1969
RECORDER'S FILE NO. 8939; THENCE ALONG THE WESTERLY BOUNDARY:OF SAID CITY
OF CARLSBAD LAND, SOUTH 1517'14" EAST 291.73 FEET TO THE BEGINNING OF A
TANGENT 51.41 FOOT RADIUS CURVE, CONCAVE WESTERLY, SOUTHERLY ALONG SAID
CURVE 13.25 FEET THROUGH AN ANGLE OF 1445'48 6', TANGENT TO SAID CURVE
SOUTH 03126" EST 92.65 FEET TO THE BEGINNING OF A TANGENT 403.00 FOOT
RADIUS CURVE, CONCAVE WESTERLY, SOUTHERLY ALONG SAID CURVE 87.22 FEET
THROUGH AN ANGLE OF 1224 1 9 TANGENT TO SAID CURVE SOUTH 1r52'34 WEST
121.95 FEET TO THE BEGINNING OF A TANGENT 20.00 FOOT RADIUS CURVE,
CONCAVE NORTHWESTERLY AND SOUTHWESTERLY ALONG SAID CURVE 32.98 FEET
THROUG: AN ANGLE OF 9428'22°' TO A POINT ON THE NORTHERLY LINE OF PARCEL 2
OF THE LAND DESCRIBED IN THE DEED TO THE STATE OF CALIFCIthIA, RECORDED
JUNE 18, 1965, RECORDER'S FILE NO. 108756 OF OFFICIAL RECORDS; THENCE
ALONG SAID NORTHERLY LINE, NORTH 7339 0 04" WEST 83.71 FEET TO FOUND STATE
DIVISION OF HIGHWAYS.1 INCH IRON PIPE; THENCE 'CONTINUING ALONG SAID
NORTHERLY LINE NORTH 6549'21' WEST 206.46 FEET TO THE POINT OF
INTERSECTION OF THE EASTERLY LINE OF THE 100.00 FOOT RIGHT OF WAY OF THE
ATCHISON, TOPEKA AND SANTA FE RAILROAD COMPANYP AS DESCRIBED IN DEED TO
THE CALIFORNIA SOUTHERN RAILROAD, FILED MARCH 10, 1831, IN BOOK 38, PAGE
111 OF DEEDS; THENCE NORTHERLY ALONG SAID EASTERLY LINE TO THE TRUE POINT
page 1 of 2
':,,. •: :
a
.
41 97
OF BEGINNING.
Page 2 of 2
......
-
CASE NO.: V- 339 0 DATE RECEIVED: 4r May 24, 198-2
SEE: SDP 82-1
APPLICANT : PALOMAR VENTURE
REQUEST: 2 tilt-up structures w/2-story mezzanine portion, totalling
67,000 sq. ft.
1201040011
EXEMPT OR EXCEPTED:
Posted: Compliance:_________________ Published:________
Filed: Filed:
NEGATIVE DECL?iRATION:___________________________
Posted:_J - ,) , Published: (0 . '2 Notice of Determination:_______
ENVIRONMENTAL IMPACT REPORT:___________________
Notice of Notice of Notice of
Preparation:( j - Completion:
PLANNING COMMISSION
1. Date of Hearing:
2. Publication: 7
3. Notice to Property owners:
4. Resolution No. / C _ S5
(Continued to:
5. Appeal:
CITYCOUNCIL
1. Date of Hearing: (3 In
2. Notices to City Clerk: ....
3. Agenda Bill:
4. Resolution No.
5. Ordinance No.
Date: ACTION:
Date: .....
CORRESPONDENCE
Staff Report to Applicant:
Resolution to Applicant: __••7__3()_sa
IS1i!lLI1
SUBJECT
PROPERTY
ci
I 0 IV A9 cc
C '
/ 4
CASE NODP8211/V_339.
APPUCANTPLOMAR VENTURES
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