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HomeMy WebLinkAboutMS 07-02; CPT/SC Title Holding Corporation; 2009-0129321; Encroachment AgreementRECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 DQC# 2009-0129321 MAR 16, 2009 11:13 AM OFFICIAL RECORDS SAW DIEGO COUNTY RECORDER'S OFFICE DAVI D L B U T LE R. CO U N TY R E CO R D E R FEES: 48.00 PAGES: 14 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: PROJECT ID: PROJECT NAME: RELATED PROJECT ID: RELATED PROJECT ID: 211-021-30 MS 07-02 Carlsbad Paseo PR 09-01 ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and CPT/SC Title Holding Corporation, a California Corporation ("Owner"), in accordance with Chapter 11.16 of the Carlsbad Municipal Code. 1. The Property. Owner is the owner of that certain real property located at 5700 Paseo Del Norte within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 211-021-30, and more particularly described in Exhibit "A", attached hereto and incorporate herein by reference. 2. The Easement. City currently owns existing easements over, under, and across Owner's property for a public road, utility, sewer, water and drainage easement purposes which easements are described in Exhibit "B" attached hereto and incorporated by reference. 3. The Encroachment. City hereby covenants and agrees and grants its permission to Owner to allow enhanced paving to remain in some portions of the easements. A plat showing the location of the encroachments is attached as Exhibit "C" attached hereto and incorporated by reference. This Agreement is subject to the following terms and conditions: (A) The encroachment shall be installed and maintained in a safe and sanitary condition at the sole cost, risk, and responsibility of the owner and its successors in interest. (B) The Owner shall agree at all times to indemnify and hold the City free and harmless from any and all claims, demands, losses, damages, or expenses resulting from the construction, maintenance, use, repair or removal of the structure installed 3740 hereunder, including any loss, damage, or expense arising out of (1) loss or damages to property and (2) injury to or death of persons. (C) The Owner must remove or relocate any part of the encroachment within ten (10) days or such other time as specified in the notice after receipt of it from the City Engineer, or the City Engineer may cause such work to be done and the reasonable cost thereof shall constitute a lien upon the property. (D) Whatever rights and obligations were acquired by the City with respect to the easement shall remain and continue in full force and effect and shall in no way be affected by City's grant of permission to construct and maintain the encroachment structure. 4. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all other agreements, oral or written, between the parties with respect to the subject matter. 5. Notices. Any notice which is required or may be given pursuant to this Agreement shall be sent in writing by United States mail, first class, postage pre-paid, registered or certified with return receipt requested, or by other comparable commercial means and addressed as follows: If to the City: If to the Owner: City Engineer CPT/SC Title Holding Corporation City of Carlsbad 3250 Vista Diego road, 1635 Faraday Avenue Jamul, CA 91935 Carlsbad CA 92008 which addresses may be changed from time to time by providing notice to the other party in the manner described above. 6. Waiver. City's consent to or approval of any act or omission by Owner shall not constitute a waiver of any other default by Owner and shall not be deemed a waiver or render unnecessary City's consent for approval to any subsequent act by Owner. Any waiver by City of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of the Agreement. 7. Successors and Assigns. This Agreement shall be binding and inure to the benefit of the parties hereto and their respective legal representatives, successors, and assigns. Owner agrees to incorporate this agreement by reference in any subsequent deeds to the property, but any failure to do so does not invalidate this provision. 8. Capacity. Each party represents that the person(s) executing this Agreement on behalf of such party have the authority to execute this Agreement and by such signature(s) thereby bind such party. 3741 IN WITNESS WHEREOF, these parties hereto have executed this Agreement on this £4=*+* day of OWNER CPT/SC Title Holding Corporation By: Southwest Carpenters Pension Trust Owner and sole shareholder of CPT/SC Title Holding Corporation By: Strategic Property Advisers, Inc. Authorized Real Estate Investment Manager for/Setrthwest C^rpefilers Pension Trust and CF By: Here)A Peter G. Aylward, President (Print Name Here) CITY OF CARLSBAD ROBERT T. JOHNSON, JR., P.E. City Engineer By: David A. Mauser, Deputy City Engineer RCE 33081 Exp. 06/30/2010 (Sign Here) (Print Name Here) APPROVED AS TO FORM: RONALD R. BALL City Attorney Bv: Deputy City Attorney 3742 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Here Insert Name and Title at the OfficerDate personally appeared Name(s) of Slgner(s) who proved to me on the basis of satisfactory evidence to be the person^ whose name(8MijJaj« subscribed to the within instrument and acknowledged to me that S. C. BUCHENAU CommlMton* 17456*8 Notary Public - California f San Ol*go County 1 executed the same in/ffis/ner/their authorized "capacity£ie5), and that by^fij^ier/melr signaturejs^on the instrument the person(s)r' or the entity upon behalf of which the person^acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal Above Signature. OPTIONAL - Signature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date:Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ___ D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: - RIGHT THUMBPRINT] OF SIGNER Top of thumb here Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: ; Signer Is Representing:. RIGHT THUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association-9350 De Soto Ave., P.O.Box 2402-Chatsworth,CA 91313-2402'www.NationalNotary.org Item #5907 Reorder: Call Toil-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On Date personally appeared before me, i_gN rt NameHere Insert Name fend Title of the Officer Name(s) of Signer(s) TEftlE L. ROWLEY Commission * 1773534 Notary PubHc - California San Dtogo County MyComm.BclBsOcn5.2011 who proved to me on the basis of satisfactory evidence to be the person(sf whose name(p) is/aje" subscribed to the within instrument and acknowledged to me that he/sjje?the# executed the same in his/h)gf7tbgfr authorized capacity (jek), and that by his/hef7th^tfsignature^ on the instrument the person^ or the entity upon behalf of which the person(syacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal Above Signature OPTIONAL Signature of Notary Public | Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: <3 / A Number of Pages: 3 f- Signer(s) Other Than Named Above:(=\ A-u Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1 -800-876-6827 3744 EXHIBIT "A" MS 07-02 PR 09-01 THE PROPERTY PARCEL A AS DESCRIBED IN THAT CERTAIN CERTIFICATE OF COMPLIANCE FOR ADJUSTMENT PLAT, DATED OCTOBER 1, 2002, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON OCTOBER 18,2002 AS DOCUMENT NO. 2002- 0913260, OFFICIAL RECORDS, BEING A PORTION OF PARCELS 2 AND 3 OF PARCEL MAP NO. 11284, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 11,1981 AND A PORTION OF LOT 4 OF CARLSBAD TRACT NO. 92-7 (CARLSBAD RANCH UNIT 1 AND UNIT 2), ACCORDING TO MAP THEREOF NO. 13078, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 28,1993, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF SAID PARCEL 3, SAID CORNER BEING THE MOST NORTHERLY CORNER OF SAID LOT 4, SAID CORNER BEING THE TRUE POINT OF BEGINNING; THENCE SOUTHERLY ALONG THE EASTERLY LINE OF SAID LOT 4, SOUTH 22°29'26" EAST (SOUTH 22°29'26" EAST PER SAID MAP NO. 13078) 925.00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 557.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11°20'36" A DISTANCE OF 110.27 FEET TO A POINT ON SAID EASTERLY LINE, A RADIAL THROUGH SAID POINT BEARS SOUTH 56°09' 58" WEST; THENCE LEAVING SAID EASTERLY LINE SOUTH 55°50'26" WEST 343.71 FEET TO THE WESTERLY LINE OF SAID PARCEL 2; THENCE NORTHWESTERLY ALONG THE WESTERLY LINE OF SAID PARCELS 2 AND 3, NORTH 26°48'03" WEST (NORTH 26°47'14" WEST PER SAID PARCEL MAP 11284) 738.65 FEET TO AN ANGLE POINT CORNER OF SAID PARCEL 3; THENCE CONTINUING ALONG SAID WESTERLY LINE NORTH 25°12'24" WEST 300.01 FEET (NORTH 25°1 T47" WEST 300.01 FEET PER SAID PARCEL MAP) TO AN ANGLE POINT CORNER OF SAID PARCEL MAP; THENCE CONTINUING ALONG SAID WESTERLY LINE NORTH 26°15'29" WEST 68.05 FEET (NORTH 26°15'48" WEST 68.03 FEET PER SAID PARCEL MAP) TO THE NORTHWEST CORNER OF SAID PARCEL 3 OF SAID PARCEL MAP; THENCE EASTERLY ALONG THE NORTHERLY LINE OF SAID PARCEL 3, NORTH 67°31'12" EAST 399.93 FEET (NORTH 67°31'17" EAST 400.00 FEET PER SAID PARCEL MAPVTO THE TRUE POINT OF BEGINNING. DOUGLAS R". ME^CfflOR, P.L.S. #4611 LICENSE EXPIRES 9-30-2010 DATED: 2-24-2009 PAGE 1 OF 1 M.S. 07-02 3745 EXHIBIT "B" MS 07-02 PR 09-01 THE EASEMENTS THOSE PORTIONS OF ENHANCED PAVING AND STORM WATER FILTRATION STRUCTURE LYING OVER, UNDER, AND ACROSS THE FOLLOWING PUBLIC ROAD, UTILITY, SEWER, WATER AND DRAINAGE EASEMENT, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL A: PASEO DEL NORTE, 86 FOOT WIDE PUBLIC ROAD, UTILITY, SEWER AND WATER EASEMENT GRANTED TO THE CITY OF CARLSBAD PER DOCUMENT NUMBER 85-390632 AND DOCUMENT NUMBER 85-390633, BOTH RECORDED OCTOBER 21,1985 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. PARCEL B: PROPOSED 30 FOOT WIDE DRAINAGE EASEMENT PER MS 07-02 TO THE CITY OF CARLSBAD, BEING A PORTION OF PARCEL A AS DESCRIBED IN THAT CERTAIN CERTIFICATE OF COMPLIANCE FOR ADJUSTMENT PLAT, DATED OCTOBER 1, 2002, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON OCTOBER 18, 2002 AS DOCUMENT NO. 2002-0913260, OFFICIAL RECORDS, BEING A PORTION OF PARCELS 2 AND 3 OF PARCEL MAP NO. 11284, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 11, 1981 AND A PORTION OF LOT 4 OF CARLSBAD TRACT NO. 92-7 (CARLSBAD RANCH UNIT 1 AND UNIT 2), ACCORDING TO MAP THEREOF NO. 13078, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 28,1993, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF SAID PARCEL 3, SAID CORNER BEING THE MOST NORTHERLY CORNER OF SAID LOT 4; THENCE WESTERLY ALONG THE NORTHERLY LINE OF SAID PARCEL 3, SOUTH 67°31' 12" WEST (SOUTH 67°31' 17" WEST PER SAID PARCEL MAP) 86.00 FEET TO THE WESTERLY LINE OF THAT CERTAIN ROAD AND UTILITY EASEMENT RECORDED OCTOBER 21, 1985 AS DOCUMENT NUMBER 85-390632 AND NUMBER 85-390633, OFFICIAL RECORDS; THENCE LEAVING SAID NORTHERLY LINE, SOUTHEASTERLY ALONG SAID WESTERLY LINES, SOUTH 22°29'26" EAST 784.70 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 22°29'26" EAST 30.00 FEET, THENCE LEAVING SAID WESTERLY LINE, SOUTH 67°39'54" WEST 232.64 FEET TO PAGE 1 OF 5 M.S. 07-02 S746 THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 75.00 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 19°42'44" A DISTANCE OF 25.80 FEET; THENCE TANGENT TO SAID CURVE SOUTH 87°22'38" WEST 4.37 FEET TO THE WESTERLY LINE OF SAID PARCEL "A"; THENCE NORTHERLY ALONG SAID WESTERLY LINE NORTH 26°48'03" WEST 32.88 FEET; THENCE LEAVING SAID WESTERLY LINE, NORTH 87°22'38" EAST 17.84 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 45.00 FEET; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 19°42'43" A DISTANCE OF 15.48 FEET; THENCE TANGENT TO SAID CURVE NORTH 67°39'54" EAST 232.56 FEET TO THE TRUE POINT OF BEGINNING. PARCEL C: PROPOSED PEDESTRIAN ACCESS EASEMENT PER MS 07-02 TO THE CITY OF CARLSBAD BEING A PORTION OF PARCEL A AS DESCRIBED IN THAT CERTAIN CERTIFICATE OF COMPLIANCE FOR ADJUSTMENT PLAT, DATED OCTOBER 1, 2002, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON OCTOBER 18, 2002 AS DOCUMENT NO. 2002-0913260, OFFICIAL RECORDS, BEING A PORTION OF PARCELS 2 AND 3 OF PARCEL MAP NO. 11284, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 11, 1981 AND A PORTION OF LOT 4 OF CARLSBAD TRACT NO. 92-7 (CARLSBAD RANCH UNIT 1 AND UNIT 2), ACCORDING TO MAP THEREOF NO. 13078, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 28,1993, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF SAID PARCEL 3, SAID CORNER BEING THE MOST NORTHERLY CORNER OF SAID LOT 4; THENCE WESTERLY ALONG THE NORTHERLY LINE OF SAID PARCEL 3, SOUTH 67°31'12" WEST (SOUTH 67°31'17" WEST PER SAID PARCEL MAP) 86.00 FEET TO A POINT ON THE WESTERLY LINE OF THAT CERTAIN ROAD AND UTILITY EASEMENT RECORDED OCTOBER 21, 1985 AS DOCUMENT NUMBER 85-390632 AND DOCUMENT NUMBER 85-390633, OFFICIAL RECORDS, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID NORTHERLY LINE, SOUTHEASTERLY ALONG SAID WESTERLY LINE, SOUTH 22° 29'26" EAST 79.80 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "A"; THENCE CONTINUING SOUTHEASTERLY ALONG SAID WESTERLY LINE, SOUTH 22°29'26" EAST 617.03 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "B" THENCE CONTINUING SOUTHEASTERLY ALONG SAID WESTERLY LINE, SOUTH 22°29'26" EAST 84.11 FEET; THENCE LEAVING SAID WESTERLY LINE, NORTH 68°56'53" WEST 17.90 FEET; THENCE NORTH 22°34'01" WEST 58.72 FEET; THENCE NORTH 22°30'28" EAST 18.46 FEET TO AFORESAID POINT "B". TOGETHER WITH THE FOLLOWING: BEGINNING AT AFORESAID POINT "A"; THENCE SOUTH 69°18'38" WEST 7.59 FEET; THENCE NORTH 67°09'44" WEST 13.66 FEET; THENCE 22°28'48" WEST 69.85 FEET TO SAID NORTHERLY LINE OF SAID PARCEL 3; THENCE EASTERLY ALONG SAID NORTHERLY LINE, NORTH 67°31' 12" EAST 17.17 FEET TO THE TRUE POINT OF BEGINNING. PAGE 2 OF 5 M.S. 07-02 PARCEL D: PROPOSED WATER EASEMENT PER MS 07-02 TO CARLSBAD MUNICIPAL WATER DISTRICT, BEING A PORTION OF PARCEL A AS DESCRIBED IN THAT CERTAIN CERTIFICATE OF COMPLIANCE FOR ADJUSTMENT PLAT, DATED OCTOBER 1, 2002, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON OCTOBER 18, 2002 AS DOCUMENT NO. 2002-0913260, OFFICIAL RECORDS, BEING A PORTION OF PARCEL 2 AND 3 OF PARCEL MAP NO. 11284, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 11, 1981 AND A PORTION OF LOT 4 OF CARLSBAD TRACT NO. 92-7 (CARLSBAD RANCH UNIT 1 AND UNIT 2), ACCORDING TO MAP THEREOF NO. 13078, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 28, 1993, MORE PARTICULARLY DESCRIBED AS FOLLOWS: A STRIP OF LAND 20.00 FEET WIDE LYING 10.00 FEET ON EACH SIDE AND PARALLEL TO THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT THE NORTHEASTERLY CORNER OF SAID PARCEL 3, SAID CORNER BEING THE MOST NORTHERLY CORNER OF SAID LOT 4; THENCE WESTERLY ALONG THE NORTHERLY LINE OF SAID PARCEL 3, SOUTH 67°31' 12" WEST (SOUTH 67°31' 17" WEST PER SAID PARCEL MAP) 86.00 FEET TO THE WESTERLY LINE OF THAT CERTAIN ROAD AND UTILITY EASEMENT RECORDED OCTOBER 21, 1985 AS DOCUMENT NUMBER 85-390633, OFFICIAL RECORDS; THENCE LEAVING SAID NORTHERLY LINE, SOUTHEASTERLY ALONG SAID WESTERLY LINE, SOUTH 22°29'26" EAST 25.97 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID WESTERLY LINE, SOUTH 67°30'16" WEST 55.00 FEET; THENCE SOUTH 22°29'44 EAST 200.29 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "A"; THENCE CONTINUING SOUTH 22°29'44" EAST 169.21 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "B", THENCE CONTINUING SOUTH 22°29'44" EAST 211.00 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "C", THENCE CONTINUING SOUTH 22°29'44" EAST 82.77 FEET; THENCE SOUTH 44°59'43" EAST 6.05 FEET; THENCE SOUTH 22°29'44" EAST 129.35 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "D", THENCE CONTINUING SOUTH 22°29'44" EAST 110.64 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 400.00 FEET; THENCE CONTINUING SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11°35'56" A DISTANCE OF 80.98 FEET; THENCE TANGENT TO SAID CURVE SOUTH 34°05'40" EAST 10.01 FEET; THENCE NORTH 55°50'25" EAST 14.12 FEET; THENCE NORTH 59°11'30" EAST 35.62 FEET TO THE WESTERLY LINE OF THAT CERTAIN ROAD AND UTILITY EASEMENT RECORDED OCTOBER 21, 1985 AS DOCUMENT NUMBER 85-390632, OFFICIAL RECORDS; THENCE RETRACING SOUTH 59°11 '30" WEST 35.62 FEET; THENCE SOUTH 55°50'25" WEST 14.12 FEET; THENCE CONTINUING SOUTH 55°50'25" WEST 21.32 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "E"; THENCE CONTINUING SOUTH 55°50'25" WEST 95.51 FEET; THENCE SOUTH 63°11'57" WEST 38.71 FEET; THENCE NORTH 26°48'03" WEST 56.23 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "F"; PAGE 3 OF 5 M.S. 07-02 37 4B THENCE CONTINUING NORTH 26°48'03" WEST 45.98 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "G"; THENCE CONTINUING NORTH 26°48'03" WEST 35.65 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "H"; THENCE CONTINUING NORTH 26°48'03" WEST 9.66 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "I"; THENCE CONTINUING NORTH 26°48'03" WEST 81.31 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "J"; THENCE CONTINUING NORTH 26°48'03" WEST 143.88 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "K"; THENCE CONTINUING NORTH 26°48'03" WEST 83.50 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "L"; THENCE CONTINUING NORTH 26°48'03" WEST 160.63 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "M"; THENCE CONTINUING NORTH 26°48'03" WEST 20.20 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "N"; THENCE CONTINUING NORTH 26°48'03" WEST 51.93 FEET; THENCE NORTH 25°12'24" WEST 95.86 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "O"; THENCE CONTINUING NORTH 25°12'24" WEST 109.10 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "P"; THENCE CONTINUING NORTH 25°12'24" WEST 57.90 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "Q"; THENCE CONTINUING NORTH 25°12'24" WEST 65.38 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "R"; THENCE CONTINUING NORTH 25°12'24" WEST 9.20 FEET; THENCE NORTH 64°47'36" EAST 30.23 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "S"; THENCE CONTINUING NORTH 64°47'36" EAST 1.67 FEET; THENCE NORTH 67°30'16" EAST 176.34 FEET; THENCE NORTH 67°30'16" EAST 55.00 FEET TO THE TRUE POINT OF BEGINNING. THE SIDELINES OF HEREIN DESCRIBED 20.00 FOOT WIDE EASEMENT SHALL BE PROLONGED OR SHORTENED TO CREATE A CONTINUOUS AND A FULL EASEMENT WIDTH AT ALL INTERSECTING COURSES AND CURVES AND TO BEGIN AT A AFORESAID WESTERLY LINE OF SAID ROAD AND UTILITY EASEMENT RECORDED OCTOBER 21, 1985 AS DOCUMENT NUMBER 85-390633, OFFICIAL RECORDS AND TERMINATE AT AFORESAID WESTERLY LINE OF SAID ROAD AND UTILITY EASEMENT RECORDED OCTOBER 21, 1985 AS DOCUMENT NUMBER 85-390632, OFFICIAL RECORDS. TOGETHER WITH STRIPS OF LAND 10.00 FEET IN WIDTH, LYING 5.00 FEET ON EACH SIDE AND PARALLEL TO THE FOLLOWING DESCRIBED CENTERLINES: BEGINNING AT AFORESAID POINT "A"; THENCE SOUTH 67°30' 16" WEST 17.22 FEET TO THE POINT OF TERMINATION. BEGINNING AT AFORESAID POINT "B"; THENCE NORTH 67°30'16" EAST 22.97 FEET TO THE POINT OF TERMINATION. BEGINNING AT AFORESAID POINT "C"; THENCE NORTH 67°30' 16" EAST 22.95 FEET TO THE POINT OF TERMINATION. BEGINNING AT AFORESAID POINT "D"; THENCE SOUTH 67°30'16" WEST 19.38 FEET TO THE POINT OF TERMINATION. PAGE 4 OF 5 M.S. 07-02 3749 BEGINNING AT AFORESAID POINT "E"; THENCE SOUTH 34°09'35" EAST 24.61 FEET TO THE POINT OF TERMINATION. BEGINNING AT AFORESAID POINT "F"; THENCE SOUTH 63°11'57" WEST 24.89 FEET TO THE POINT OF TERMINATION. BEGINNING AT AFORESAID POINT "G"; THENCE NORTH 63°11'57" EAST 24.68 FEET TO THE POINT OF TERMINATION. BEGINNING AT AFORESAID POINT "H"; THENCE NORTH 63°11'57" EAST 25.24 FEET TO THE POINT OF TERMINATION. BEGINNING AT AFORESAID POINT "I"; THENCE SOUTH 63°11'57" WEST 20.11 FEET TO THE POINT OF TERMINATION. BEGINNING AT AFORESAID POINT "J"; THENCE NORTH 63°11'57" EAST 16.26 FEET TO THE POINT OF TERMINATION. BEGINNING AT AFORESAID POINT "K"; THENCE SOUTH 63°11'57" WEST 25.64 FEET TO THE POINT OF TERMINATION. BEGINNING AT AFORESAID POINT "L"; THENCE NORTH 63°11'57" EAST 13.00 FEET TO THE POINT OF TERMINATION. BEGINNING AT AFORESAID POINT "M"; THENCE SOUTH 63°11'57" WEST 20.11 FEET TO THE POINT OF TERMINATION. BEGINNING AT AFORESAID POINT "N"; THENCE NORTH 63°11'57" EAST 13.00 FEET TO THE POINT OF TERMINATION. BEGINNING AT AFORESAID POINT "O"; THENCE SOUTH 64°47'36" WEST 26.11 FEET TO THE POINT OF TERMINATION. BEGINNING AT AFORESAID POINT "P"; THENCE NORTH 64°47'36" EAST 31.89 FEET TO THE POINT OF TERMINATION. BEGINNING AT AFORESAID POINT "Q"; THENCE SOUTH 64°47'36" WEST 26.11 FEET TO THE POINT OF TERMINATION. BEGINNING AT AFORESAID POINT "R"; THENCE NORTH 69°12'24" WEST 26.04 FEET TO THE POINT OF TERMINATION. BEGINNING AT AFORESAID POINT "S"; THENCE SOUTH 22°29'44" EAST 31.42 FEET TO THE POINT OF TERMINATION. DOUGLAS R. MELqflOR, RL.S. #4611 LICENSE EXPIRES 9-30-2010 DATED 2-24-2009 PAGE 5 OF 5 M.S. 07-02 EXHIBIT "C "3750 PACIFIC tOCEAN = INDICATES LOCATION OF ENCROACHMANT AGREEMENT FOR ENHANCED PAVING AND STORM WATER FILTRARION STRUCTURE = INDICATES LOCATION OF ENHANCED PAVING LEGEND P.O.B. = INDICATES POINT OF BEGINING T.P.O.B. = INDICATES TRUE POINT OF BEGINING BASIS OF BEARINGS: THE BASIS OF BEARINGS FOR THIS SURVEY IS A LINE BETWEEN CITY OF CARLSBAD FIRST ORDER CONTROL POSITIONS CLSB 138 & CLSB 057, PER ROS 17271. I.E. N 301/19" W 4978.85' GRID THIS PLAT WAS PREPARED BY ME OR/tfflDSR MY DIRECTION DOUGLAS 2/24/2009 DATE NO SCALE CITY of CARLSBAD ENCROACHMENT AGREEMENT for ENHANCED PAVING and STORM WATER FILTRATION STRUCTURE 5731 PALMER WAY, SUITE G CARLSBAD, CALIFORNIA 92010/ (760) 438-1726 SHEET 1 OF 3 SHEETS APPLICANT: CPT/SC TITLE HOLDING 3250 VISTA DIEGO ROAD JAMUL, CA 91935 PH. 619-669-6688 5731 PALMER WAY, SUITE G CARLSBAD, CALIFORNIA 92010> (760) 438-1726 PR 09-01 A.P.N. 211-021-30 DATE 02-18-09 MS 07-02 2668-COV-7.DWG SEE SHEET 2 EXHIBIT "C 3751 PROPOSED DRAINAGE EASEMENT = DEDICATED PER MS 07-02 I TREATMENT BMPiUCpipr ] f I ENHANCED PAVIN FILTRATION1 STRUCTURE I PROPOSED 'ARCEL 1 MS 07-02} PARCSlQ) PROPOSED PUBUCWATER EASENENT PER MS 07-02 00' 20. CURVE DATA \\ CITY of CARLSBAD ENCROACHMENT AGREEMENT /or ENHANCED PAVING and STORM WATER FILTRATION STRUCTURE 5731 PALMER WAY. SUITE G CARLSBAD, CALIFORNIA 92010> (760) 438-1726 SHEET 2 OF 3 SHEETS APPUCANT: CPT/SC TITLE HOLDING 3250 VISTA DIEGO ROAD JAMUL, CA 91935 PH. 619-669-6688 PREPARED B GLAS R. L.S. 4611 EXP. 9-36- 5731 PALMER WAY, SUITE G CARLSBAD, CALIFORNIA 92010^ (760) 438-1726 PR 09-01 A.P.N. 211-021-30 DATE 02-18-09 MS 07-02 EXHIBIT "C "3752 ENHANCED PAVING A T N 6731 "12" E 399.93' PROPOSED PARCEL 3 MS 07-02 Q'-v-Q^ENHANCED PAVING PARCEL® PROPOSEDWATER EASENENT PER MS 07-02 PROPOSED PARCEL 2 MS 07-02 CITY of CARLSBAD ENCROACHMENT AGREEMENT for ENHANCED PAVING and STORM WATER FILTRATION STRUCTURE MLLSJLB- 5731 PALMER WAY, SUITE G CARLSBAD, CALIFORNIA 9201 ty (760) 438-1726 SHEET 3 OF 3 SHEETS APPUCANT: CPT/SC TITLE HOLDING 3250 VISTA DIEGO ROAD JAMUL, CA 91935 PH. 619-669-6688 PREPARED B/: DfiUGLAS R./MIu EXP. 9-30- 5731 PALMER WAY, SUITE G CARLSBAD, CALIFORNIA 92010> (760) 438-1726 PR 09-01 A.P.N. 211-021-30 DATE 02-18-09 MS 07-02