HomeMy WebLinkAboutCT 83-32; Lyon/Copley Carlsbad Associates LP; 1992-0348030; Drainage Fee Agreement/Release+ . . ,
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- 1988 PQC # 1992-0348030
RECORDING REQUESTED BY AND ) 04~JUN-1992 08=16 All
WHEN RECORDED MAIL TO:
i OFFICIAL RECORDS SdH DIE60 Cm RECORDER’S OFFICE CITY OF CARLSBAD 1 1200 Elm Avenue 1 Carlsbad, California 92008 )
fi#iElE EUf!iS COUNYTY~CORDER RF1 I
AF, 21.00 36$ /‘p
Space above this lini for Recorder's use
Parcel No. 168-040-25
AGREEMENT TO PAY DRAINAGE FEES AS REQUIRED BY THE GROWTH ~AG~~~~~~DT~ ADOPTED LOCAL FACILITIES MANAGEMENT PLAN FOR ZONE 7 83-32
THIS AC ENT is entered Snto this ad4 day of &Me
I 1991 by and between Lyon/Copley Carlsbad Associates, L.P.,
a California Limited Partnership, hereinafter referred to as
"Developerw whose address is 4330 La Jolla Village Drive, Suite
130, S&n Diego, CA 92122 and THE CITY OF CARLSBAD, a municipal
corporation of the State of California, hereinafter referred to
as "City" whose address is 1200 Elm Avenue, Carlsbad, California,
92008.
WITNESSETH:
WHEREAS, DWeloper is the owner of the real property
described on Exhibit I%":, attached hereto and made a part of
this agreement, hereinafter referred to as "Propertyl; and
WHEREAS, The Property lies within the boundaries of the
City; and
WHEREAS, Developer proposes a development project as
follows:
Major Subdivision into 140 residential lots on said Property,
which Development carries the proposed name of Carlsbad Tract
83-32 - Calavera Hills Village rrQ" and is hereinafter referred to
as wDevelopmentw; and
AGREEMENTS AG-9.ft-m 1 REV. 8/23/9G
1989
WHEREAS, Developer filed on the 21 day of March, 1984, with
the City as a request for tentative tract map hereinafter
referred to as ggReguestgg; and
WHEREAS, On December 7, 1989 Developer entered into an
agreement with the City to pay Public Facilities fees of 3.5
percent of the building permit valuation. A copy of the
agreement is on file with the City Clerk and is incorporated by
this reference.
WHEREAS, Developer and City recognizethe correctness of the
Local Facilities Management Plan for Zone 7, on file with the
City Clerk and incorporated by the reference, and that the City's
drainage facilities may be at or near capacity in the drainage
sub-basin where this development is located, and may not be
available to accommodate the additional drainage demands on such
facilities and services resulting from the proposed Development;
and
WHEREAS, said plan for Zone 7 requires that all public
facilities, including drainage, necessary to serve a development
will be available in conformancte with the City's adopted
performance standard (said Zone Plan is on file with the City
Clerk and is incorporated by this reference); and
WHEREAS, Developer has asked the City to find that drainage
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 satisfy the Local Facilities Management Plan for Zone 7 by the
payment of drainage fee.
AGREEMENTS AG-9.frm 2 REV. 8/23/90
1990
NOW, THEREFORE, in consideration of the recitals and the
covenants contained herein, the parties agree as follows:
1. That the foregoing recitals are true and correct.
2. The Developer shall pay to the City a drainage fee as
required by the Local Facilities Management Plan for Zone 7 as
may be detailed in said plan and incorporated by reference and as
determined through the revised Master Drainage Plan necessary to
provide drainage facilities in confomance with the City's Growth
Management performance standard. This drainage fee shall be in
addition to any fees, dedications or improvements required
pursuant to Titles 18, 20 and 21 of the Carlsbad Municipal Code.
3. This agreement and the drainage fee paid pursuant
hereto are required to ensure the consistency of the Development
with the City's General Plan, the Growth Management Program and
the Local Facilities Management Plan for Zone 7. If the fee is
not paid as provided herein, the City will not have the funds to
provide drainage facilities and services, and the Development
will not be consistent with the General Plan, the Growth
Management Program or the Local Facilities Management Plan for
Zone 7 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 drainage facilities fee is paid
or this agreement is executed.
4. That Developer agrees to pay the drainage fees
identified by the City Council as necessary to pay for the cost
of providing the drainage improvements or facilities which are
required by the Growth Management Program and the revised Master
Drainage Plan, or any other provision of Chapter 21.90 of the
Carlsbad Municipal Code, or any other provision of law. Payment
AGREEMENTS AG-9.frm 3 REV. 8/23/9G
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1991
shall be due 30 days from the date the drainage fee is
established. Developer hereby waives his right to challenge said
drainage fees. Developer further waives any rights to pay the
drainage fees referred to herein under protest and that any
protest shall immediately subject the project to the provisions
of Section 21.90 of the Carlsbad Municipal Code, or any provision
of law.
5. Developer agmes to construct, or participate in
financing the construction of public facilities and improvement
identified in the citywide facilities and improvements plan or
the Local Facilities Management Plan to the extent that those
facilities or improvements are allocated to Developergs property
or project and are not financed by the fees referenced hereto.
6. City agrees to deposit the drainage fees paid pursuant
to this agreement in a drainage fund for the financing of
drainage facilities as needed in the City of Carlsbad when the
City Council determines the need exists to provide the facilities
and sufficient funds from the payment of this and similar fees
are available.
7. Subject to paragraphs 3 and 4, the City agrees to issue
building and other development permits pursuant to the provisions
of the Carlsbad Municipal Code Title 18, 20, and 21 to the extent
such permit comply with applicable provisions of law.
8. In the event that the payment required by this
agreement is not made when due the City may pursue any remedy,
legal or equitable (including those specifically referred to
herein), against the Developer and the Developer's successors,
heirs, assigns and transferees. Without waiving its rights under
the section, City, upon request of Developer, may allow
AGREEMENTS AG-9.frm 4 REV. 8/23/9G
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1992 m -
additional time to pay the drainage fee.
9. In addition to the other remedies available to the
City, it is hereby agreed that if Developer does not pay the
drainage fees specified by this agreement the City may revoke the
building permit for the project or may deny or revoke a
Certificate of Occupancy for the project or both upon 15 days
written notice to Developer of the revocation or denial.
10. 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 part. Any
such notice shall not be effective for any purpose whatsoever
unless served in one of the following manners:
10.1. If notice is given to the City by personal
delivery thereof to the City or by depositing same in the United
States Mail, addressed to the City at the address set forth
herein, enclosed in a sealed envelope, addressed to the City for
attention of the City Manager, postage and prepared and
certified.
10.2. 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 indicated in this agreement or at
another place as designated to the City by the Developer in
writing, postage prepaid and certified.
11. The City shall not, nor shall any officer, employee of
the City, be liable or responsible for any loss or damage
happening or occurring to Developer's building for the exercise
of any of the remedies provided to the City pursuant to this
agreement, regardless of the nature of the loss or damage.
AGREEMENTS AG-9.frm 5 REV. 8/23/90
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m. - 1993
12. This agreement and the covenants containedherein shall
be binding upon and enure to the benefit of the successors,
heirs, assigns and transferees of Developer and shall run with
the real property and create an equitable servitude upon the real
property.
13. 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 and appropriate
fee paid to record a release, City shall record the release.
14. The prevailing party in any dispute between the parties
shall be the right to recover from the non-prevailing party all
costs and attorney's fees expanded in the course of such dispute.
15. Except as otherwise provided herein, all notices
required or provided for under this agreement shall be in writing
and shall be delivered in person or served by certified mail
postage prepaid. Delivery of notice to Developer shall be
presumed to have been made on the date of mailing regardless of
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AGREEMENTS AG-9.frm REV. 8/23/9G
1994
receipt by Developer. Notices required to be given to Developer
shall be addressed as follows:
Garry M. Tarquinio, Vice President Lyon Communities, Inc. 4330 La Jolla Village Drive, #130 San Diego, CA 92122
Executed by Developer this 9 day of JULY I 1991.
DEVELOPER: CITY OF CARLSBAD, a municipal corporation of the State of California Lyon/Copley Carlsbad Associatees, L.P. \
A California Limited Partnership
Garrv H, am&in .
(pri% nafpelEere)
8. Inc.
BY
Robin L. Awon (print name here)
Asst. Secretarv, Lvon ommunities, Inc, (title and organization of signatory) (Proper notarial acknowledgement of execution by DEVELOPER must be attached)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM: VINCENT F. BIONDO, JR. City Attorney
By: - "Deputy City Attorney
AGREEMENTS AG-9.frm 7 REV. 8/23/5’G
STATE OF CALIFORNIA, SS. 1995 COUNTY OF SAN DIEGO)
ON 3--Ll\u 9. !qql BEFORE ME, THE UNDERSIGNED, A NOTARY PUBLIC IN IAND' FOR SAID STATE, PERSONALLY APPEARED GARRY M. TARQUINIO AND ROBIN L. ADAMSON, PERSONALLY KNOWN TO ME TO BE THE VICE PRESIDENT AND ASSISTANT SECRETARY, RESPECTIVELY, OF LYON COMMUNITIES, INC., THE CORPORATION THAT EXECUTED THE WITHIN INSTRUMENT ON BEHALF OF THE CORPORATION, SAID CORPORATION BEING
PERSONALLY KNOWN TO ME TO BE THE MANAGING GENERAL PARTNER OF
LYON/COPLEY CARLSBAD ASSOCIATES, L.P., SAID PARTNERSHIP BEING THE
CALIFORNIA LIMITED PARTNERSHIPTHAT EXECUTED THE WITHIN INSTRUMENT, AND ACKNOWLEDGED TO BE THAT SAID CORPORATION EXECUTED THE WITHIN INSTRUMENT AS SUCH PARTNER AND THAT SAID PARTNERSHIP EXECUTED THE SAME.
WITNESS MY HAND AND OFFICIAL SEAL:
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F 2-c I-3 3: II-2 I 3’ ..,I , ~, A- 1996 ’ I . .J)
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
THOSE PORTIONS OF LOTS “D” AND “J” OF THE RANCH0 AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFQRNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEASTERLY CORNER OF CARLSBAD TRACT 83-21 UNIT NO.
4 ACCORDING TO MAP THEREOF NO. 11588 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, BEING A POINT ONT HE NORTHERLY BOUNDARY OF THE PROCEDURE OF SURVEY SHOWN ON SHEET 2 ON THE MAP OF CARLSBAD TRACT 76-12, ACCORDING TO MAP THEREOF NO. 9935, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON DECEMBER 16, 1980; THENCE ALONG THE BOUNDARY OF SAID PROCEDURE OF SURVEY NORTH 89’18’52” EAST 1113.68 FEET; THENCE NORTH 89’19’35” EAST 93.04 FEET TO A POINT
IN THE ARC OF A 903 FOOT RADIUS CURVE, CONCAVE WESTERLY, A RADIAL LINE BEARS NORTH 56’02’15” EAST TO SAID POINT; THENCE SOUTHERLY ALONG SAID
CURVE THROUGH AN ANGLE OF 32’00’58” A DISTANCE OF 504.58 FEET; THENCE
NORTH 88’03’13” EAST 6.00 FEET TO A POINT IN THE ARC OF A 909.00 FOOT
RADIUS CURVE, CONCAVE WESTERLY, A RADIAL LINE TO SAID POINT BEARS,
NORTH 88’03’13” EAST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE
THROUGH AN ANGLE OF 7O58’39” A DISTANCE OF 126.56 FEET; THENCE NORTH
83”58’08” WEST 6.00 FEET TO A POINT IN THE ARC OF A 903.00 FOOT RADIUS
CURVE, CONCAVE WESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH
83’58’08” EAST, THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH
AN ANGLE OF 12’59’08” A DISTANCE OF 204.66 FEET; THENCE TANGENT TO SAID CURVE SOUTH 19”01’00” WEST 776.25 FEET TO A TANGENT 1501 FOOT RADIUS CURVE, CONCAVE’WESTERLY; THENCE SOUTHERLY ALONG SAID CURVE THROUGH AN ANGLE OF 3’57’50” A DISTANCE OF 103.84 FEET; THENCE SOUTH
67’01’10” EAST 6.00 FEET TO A POINT IN THE ARC OF A 1507 FOOT RADIUS
CURVE, CONCAVE WESTERLY, A RADIAL LINE TO SAID POINT 8EARS SOUTH
67’01’10” EAST; THENCE SOUTHERLY ALONG,THE ARC OF SAID CURVE THROUGH
AN ANGLE OF 4’49’42” A DISTANCE OF 127.00 FEET; THENCE NORTH 62’11’28”
WEST 6.00 FEET TO A POINT IN THE ARC OF A 1501.00 FOOT WESTERLY, A
RADIAL LINE TO SAID POINT BEARS SOUTH 62’11’28” EAST;,THENCE
SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH AN ANGLE OF 7’09’45” A DISTANCE OF 187.64 FEET; THENCE SOUTH 55’01’43” EAST 2.00 FEET TO A POINT IN THE ARC OF A 1503.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY A RADIAL LINE TO SAID POINT BEARS SOUTH 55’01’43” EAST; THENCE
SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH AN ANGLE OF 3O24’23” A DISTANCE,GF 89.36 FEET; THENCE SOUTH 38’22’40” WEST 473.96 FEET; THENCE NORTH 56’00’00” WEST 2.00 FEET; THENCE SOUTH 38”22’40” LJEST 195.05 FEET TO THE BEGINNING OF A TANGENT 949.00 FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH AN ANGLE OF 26’16’18” A DISTANCE OF 435.14 FEET; THENCE NORTH
77’53’38” WEST 53.00 FEET TO A POINT IN THE ARC OF A 1002.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 77”53’38” WEST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH AN ANGLE OF 4°03’01” A DISTANCE OF 70.83 FEET; THENCE NORTH 73’50’37” WEST 154:31 FEET TO A TANGENT 1000 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE WESTERLY ALONG SAID CURVE THROUGH AN ANGLE OF 34’45’57” A DISTANCE OF 606.78 FEET; THENCE TANGENT TO SAID CURVE SOUTH 71’23’26” WEST 158.93 FEET TO THE EASTERLY LINE OF ELM AVENUE AS DESCRIBED IN DEED TO THE CITY OF CARLSBAD RECORDED FEBRUARY 26, 1986
E Xi-I-1 B I ‘7’ ?A” -. PAC’;E 1 0 F - 3
k DOCUMENT NO. 75424 uF OFFICIAL RECORDS; THENCE iLONG SAID EASTERLpS;Z LINE NORTH 18’36’34” WEST (RECORD NORTH 18’37’12” WEST) 51.00 FEET; THENCE NORTH 71”23’26” EAST 158.93 FEET TO A TANGENT 1051 FOOT RADIUS
CURVE, CONCAVE SOUTHERLY; THENCE EASTERLY ALONG SAID CURVE THROUGH AN
ANGLE OF 34’45’57” A DISTANCE OF 637.72 FEET; THENCE TANGENT TO SAID CURVE SOUTH 77”53’38” EAST 83.00 FEET TO A TANGENT 25 FOOT RADIUS
CURVE, CONCAVE NORTHERLY; THENCE EASTERLY, NORTHEASTERLY, AND NORTHERLY ALONG SAID CURVE THROUGH AN ANGLE OF 85’56’59” A DISTANCE OF
37.50 FEET TO A REVERSE 1051 FOOT RADIUS CURVE; THENCE, NORTHERLY ALONG
SAID CURVE THROUGH AN ANGLE OF 18°10’16” A DISTANCE OF 333.32 FEET; THENCE NORTH 38’22’40” EAST 529.16 FEET; THENCE NORTH 51’37’20” WEST
10.00 FEET; THENCE NORTH 38’22’40” EAST 169.61 FEET; THENCE SOUTH 52’50’37” EAST 9.68 FEET TO A POINT IN THE ARC OF A 1399 FOOT RADIUS
CURVE, CONCAVE NORTHWESTERLY A RADIAL LINE TO SAID POINT BEARS SOUTH
52’50’37” EAST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 01’57’23” A DISTANCE OF 47.77 FEET TO A COMPOUND 25 FOOT RADIUS CURVE; THENCE NORTHERLY AND NORTHWESTERLY ALONG SAID CURVE THROUGH AN ANGLE OF 92”17’39” A DISTANCE OF 40.27 FEET: THENCE TANGENT TO SAID CURVE NORTH 57”05’39” WEST 167.62 FEET TO A TANGENT 270 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE WESTERLY ALONG SAID CURVE THROUGH AN ANGLE OF 27”54’21” A DISTANCE OF 131.50 FEET; THENCE TANGENT TO SAID CURVE NORTH 85’00’00” WEST 347.88 FEET TO POINT “A” OF THIS DESCRIPTION; BEING THE BEGINNING OF A TANGENT 330 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE WESTERLY ALONG SAID CURVE THROUGH AN ANGLE OF 36’36’32” A DISTANCE OF 210.85 FEET; THENCE TANGENT TO SAID CURVE NORTH 48”23,‘28” WEST 114.69 FEET TO A TANGENT
270 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY
ALONG SAID CURVE THROUGH AN ANGLE OF 44’56’22” A DISTANCE OF 211.77
FEET; THENCE TANGENT TO SAID CURVE SOUTH 86’40’10” WEST 185.25 FEET
TO A TANGENT 330 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE WESTERLY,
NORTHWESTERLY AND NORTHERLY ALONG SAID CURVE THROUGH AN ANGLE OF 97’53’29” A DISTANCE OF 563.81 FEET; THENCE TANGENT TO SAID CURVE NORTH 4’33’39” EAST 29.99 FEET TO A POINT IN THE ARC OF A 2000 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY IN THE SOUTHEASTERLY BOUNDARY OF SAID CARLSBAD TRACT 83-21 UNIT NO. 4 ACCORDING TO MAP THEREOF NO.
11588 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
A RADIAL LINE BEARS NORTH 56’36’51” WEST (RECORD NORTH 56”37’54” WEST)
TO SAID POINT; THENCE ALONG THE SOUTHEASTERLY AND EASTERLY BOUNDARY
OF SAID UNIT NO. 4 AS FOLLOWS:
NORTHEASTERLY ALONG SAID CURVE THROUGH AN ANGLE OF lO”120’45” A
DISTANCE OF 361.14 FEET; THENCE NORTH 59’52’32” EAST 804.15 FEET
(RECORD NORTH 59’51’57” EAST 804.25 FEET) AND NORTH 13’27’52” WEST
360.07 FEET (RECORD NORTH 13’27’33” WEST 360.00 FEET) TO THE POINT OF
BEGINNING.
EXCEPTING THAT PORTION DESCRIBED AS FOLLOWS:
COMMENCING AT POINT “A” OF THIS DESCRIPTION; THENCE NORTH 9’40’17” WEST 483.97 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 77’15’00” WEST 102.85 FEET; THENCE, NORTH 10”40’00” WEST 163.00 FEET; THENCE, NORTH 48’06’00” EAST 209.00 FEET; THENCE, SOUTH 89”24’00” EAST 162.00 FEET; THENCE, SOUTH 54”26’00” EAST 349.25 FEET TO A POINT IN THE ARC OF A 390.00 FOOT RADIUS CURVE, CONCAVE EASTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 82’11’46” WEST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH AN ANGLE OF ll”16’14” A DISTANCE OF 76.72 FEET; THENCE, SOUTH 3°28’OO” EAST 100.00 FEET TO A TANGENT CURVE,
EXH I H II ‘-I-’ “A ” - PAGE 2 OF 3
CdNCAVE WESTERLY, HAVING A RADIUS OF 170.00 FEET; THENCE, SOUTHERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 37”24’00” AN ARC DISTANCE
OF 110.97 FEET; THENCE, TANGENT TO SAID CURVE SOUTH 33’56’00” WEST 117.09 FEET TO A TANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 230.00 FEET; THENCE, SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 28’56’00” AN ARC DISTANCE OF 116.15 FEET; THENCE, TANGENT TO
SAID CURVE SOUTH S”OO’OO” WEST 50.00 FEET TO A TANGENT CURVE, CONCAVE
NORTHWESTERLY, HAVING A RADIUS OF 20.00 FEET; THENCE, SOUTHERLY, SOUTHWESTERLY, AND WESTERLY ALONG SAID CURVE THROUGH,A CENTRAL ANGLE OF 90”00’00” AN ARC DISTANCE OF 31.42 FEET; THENCE, TANGENT TO SAID CURVE NORTH 85’00’00” WEST 230.33 FEET TO A TANGENT CURVE, CON.CAVE NORTHERLY, HAVING A RADIUS OF 270.00 FEET; THENCE, WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 12”22’31” AN ARC DISTANCE OF 58.32 FEET; THENCE, NORTH 18’02’37” EAST 115.74 FEET; THENCE, NORTH 42’40’00” WEST 165.62 FEET TO A POINT ON A NON-TANGENT CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 48.00 FEET, A RADIAL BEARING OF SAID CURVE TO SAID POINT BEARS SOUTH 42’40’00” EAST; THENCE, NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 49’47’59” AN ARC DISTANCE OF 41.72 FEET; THENCE, NORTH 87”32’01” EAST 29.00 FEET TO A POINT ON THE BOUNDARY OF THE LAND DESCRIBED IN THE DEED TO THE COSTA REAL MUNICIPAL WATER DISTRICT RECORDED MAY 18, 1984, AS DOCUMENT NO. 84-186998, SAID POINT BEING ON THAT CERTAIN COURSE OF SAID DEED
DESCRIBED AS “A 122.50-FOOT RADIUS CURVE”, SAID CURVE BEING CONCAVE
NORTHEASTERLY AT SAID POINT, A RADIAL BEARING OF SAID CURVE TO SAID POINT BEARS SOUTH 87”32’01” WEST; THENCE, ALONG SAID BOUNDARY OF SAID COSTA REAL MUNICIPAL WATER DISTRICT LAND NORTHERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 49’51’59” AN ARC DISTANCE OF 106.62 FEET;
THENCE, LEAVING SAID BOUNDARY OF SAID COSTA REAL MUNICIPAL WATER
DISTRICT LAND NORTH 42’36’00” WEST 54.53 FEET TO THE TRUE POINT OF BEGINNING.
EXH I H I ‘I- ‘?A” .-_ I'AGE 3 OF 3