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HomeMy WebLinkAboutPR 04-81; California, State of Dept of Fish & Game; 2005-0107422; Encroachment Agreementc DOC # 2005-01 07422 I llllllll 111 111ll11111 IIIII 11111 11111 lllllllll1 lllll11111llll1 Ill1 Ill1 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 FEB 08,2005 4:48 PM OFF1 ClAL RECOR D S SAN GlEGO COIJNTY RECORDER'S OFFICE GREGORY J SMITH COUFITY RECORDER PAGES FEES 0 00 15 I SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 208 020 44 PROJECT NO. & NAME: DEPARTMENT OF FISH AND GAME AGUA HEDIONDA ECOLOGICAL RESERVE STATE OF CALIF RIGHT-OF-WAY PERMIT NO.: RW04-309 PR 04-81 ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and State of California, Department of Fish and Game, CDFG, ("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 Aqua Hedionda Ecological Reserve, within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 208-020-44, and more particularly described in Exhibit "A", attached hereto and incorporate herein by reference. 2. The Easement. City currently owns an existing easement over, under, and across Owner's property for general utility and access which easement is 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 perimeter fencing for Aqua Hedionda Ecological Reserve to protect biological resources and to reduce health and safety risks to both CDFG staff and general community to remain in a portion of the City street and utility easement. A plat showing the location of the encroachment 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 hereunder, including any loss, damage, or expense arising out of (1) loss or damages to property and (2) injury to or death of persons. 1 H:/DEVELOPMENT SERVICESIMASTERS'AGREEMENTS. OTHEWENCROACHMENT AGREEMENT REV. 07/1 UZOOZ (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 City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 Calif Dept of Fish and Game Attn Kimberly McKee-Lewis 1580 Cannon Rd 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. Ill Ill 2 HYDEVELOPMENT SERVICESIMASTERSIAGREEMENTS. OTHERENCROACHMENT AGREEMENT REV. 07/15/2002 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. IN WITNESS WHEREOF, this hereto have executed this Agreement on this e dayof f3&h &- OWNER - STATE OF CALIFORNIA CITY OF CARLSBAD DEPARTMENT OF FISH AND GAME Public Works Director APPROVED AS TO FORM: RONALD R. BALL City Attorney By: Deputy City Attorney 3 HYDEVELOPMENT SERVICES/MASTERS/AGREEMENTS, OTHER/ENCROACHMEM AGREEMENT REV. 07/15/2002 State of California ) ) County of San Diego ) On 10- 5- 09 before me, S~~sanJwcki; Nofan! P lLbl ic 1 (Date) (Name, Title of Officer) personally appeared nn S-ttwmt 1 (Name[s] of Signerts]) wwn to me - OR- (or proved to me on the basis of satisfactory evidence) to be the person($) whose name(&) is/m subscribed to the within instrument and acknowledged to me that ,be/she/hy executed the same in kis/her/tM authorized capacity(i& and that by bislherltbfr signaturep) on the instrument the person@), or entity upon behalf of which the person(# acted, executed the instrument. WITNESS my hand and official seal - (This area for official notary seal) Title or Type of Document Date of Document No. of Pages .. Signer(s) other than named above 4 H /DEVELOPMENT SERVICES/MASTERS/AGREEMENTS. OTHEWENCROACHMENT AGREEMENT REV. 07/15/2002 .. 010486 LEGAL DSSCRIPTION 'PARCEL 'A' THAT PORTION OF LOT 'I' OF RANCHO HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEFU3OF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON NOVEMBER 16, 1896, BEING A PORTION OF THE LAND DESCRIBED IN QUITCULIM DEED TO "KELLY FAMILY INVESTMENT LIMITED PARTNERSHIP" IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FLECORDED SEPTEMBW 27, 1996 As FILE NO. 1996-0490000 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT CORNW NO. 17 OF SAID LOT "I" AS SHOWN ON SAID MAP NO. 823; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT "I@ 1- SOUTH 86°51'11' .EAST 2. NORTH 20O42'29" WEST 3. NORTH 11O22'43" WEST 4- NORTH 12'28'52* EAST 5- NORTH 12O09'07" EAST 6- NORTH 68O19'00" EAST 7. NORTH 64p03'23" WEST 8. NORTH 25*25'07" EAST 1,979.41 FEET; 444.52 FEET; 42.37 FEET; 36.00 FEET; 248.90 FEET; 535.66 FEET 1,948.91 FEET 636.21 FEET THENCE LEAVING SAID SOUTHERLY LINE THENCE THENCE THENCE THENCE TO A POINT IN THE WESTERLY RIGHT- OF-WAY OF FUTURE CANNON ROAD, AND TWE TRUE POINT OF BEGINNING; THENCE RETRACING THE PREVIOUS SIX COURSES TO SAID CORNER NO- 17; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID LOT 'I' TO THE SOUTHEASTERLY CORNER OF THAT CERTAIN PARCEL OF LAND DESCRIBED AS PARCEL 2 IN DEED TO CARLSBAD BAY PROPERTIES, RECORDED DECEJ!lBER 31, 1958 IN BOOK 7424, PAGE 220 OF OFFICIAL RECORDS; THENCE ALONG THE SOUTHEASTERLY LIn OF SAID LAND TO A POINT DISTANT THEREON 266.44 FEET SOUTHERLY FROM THE NORTHWEST CORNER OF PARCEL 1 OF DEED RECORDED SEPTEMBER 27, 1996 AS 'i EXHIBIT 'A' 9. SOUTH 65*09'04' EAST 10. SOUTHEASTERLY AND SOUTHERLY 11. SOUTH 05s40'10y WEST 12. SOUTHERLY, EASTERLY, AND NORTHESTEFtLY 13. NORTH 6gP23'37" EAST 14. NORTH 58*14'06" EAST 15. NORTH 49*19'04" EAST 16. NORTHEASTERLY AND EASTERLY 17. SOUTH 70943'55" EAST 18. SOU" 60*59'24" EAST 19. SOUTHEASTERLY AND SOUTHERLY 20. SOUTH ll*18'51" WEST 21. SOUTH 23P39'23" EAST FILE NO. 1996-0490000 OF OFFICIAL RECORDS; THENCE LEAVING SAID SOUTHEASTERLY LINE 7.57 FEET TO THE BEGINNING OF A TANGENT 5-00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE ALONG THE ARC OF SAID CURVE 6.18 FEET THROUGH A CENTRAL ANGLE OF 70*49'14"; THENCE 18.56 FEET TO THE BEGINNING OF A TANGENT 20.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE ALONG TKE ARC OF SAID CWRVJ3 40.59 FEET THROUGH A CENTRAL ANGLE OF 116*16'33"; THENCE 21.86 FEET; THENCE 35.24 FEET; THENCE 77-29 FEET TO THE BEGINNING OF A TANGENT 10.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE ALONG THE ARC OF SAID CURVE 10.46 FEET THROUGH A CENTRAL AWGLE OF 59 Q 57 01" ; THENCE 38.58 FEET; THENCE 32.80 FEET TO THE BEGINNING OF A TANGENT 10.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; 'IXENCE ALONG THE ARC OF SAID CURVE 12.62 FEET THROUGH A CENTRAL ANGLE OF 72818'15"; THENCE 9.39 FEET; THENCE 6.10 FEET TO THE BEGINNING OF A TANGENT 100.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE ALONG THE ARC OF SAID CURVE tEGJl2Z48~.DX. 9/2Cf 01, DaR EXHIBIT 'A' LAGOON .. 22. SOUTHERLY 23. SOUTH 18*15'44" WEST 24. SOUTHERLY 25. SOUTH 05°58'26" EAST 26. SOUTHERLY AND SOUTHEASTERLY 27. SOUTH 72Q44'04n EAST 28. EASTERLY, NORTHEASTERLY, AND NORTHERLY 29. NORTH 16Q07'49" EAST 30. NORTHEASTERLY, EASTERLY, AND SOUTHEASTERLY 31. SOUTH 5lS34'45" EAST 32. SOUTH 57*19'45" EAST 33. SOUTH 67*49'54" EAST 34. SOUTHEASTERLY AND SOUTHEmY 73-16 FEET 76.64 FEET THROUGH A CENTRAL ANGLE OF 41 * 55 ' 07 " ; THENCE TO THE BEGINNING OF A TANGENT 50.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE ALONG THE ARC OF SAID CURVE 21.15 FEET 90.78 FEET 46.61 FEET 80.46 FEET 71.58 FEET 62.66 FEET 39.20 FEET . 40.33 FEET; 42.26 FEET; 25.29 FEET 22.83 FEET THROUGH A CENTRAL ANGLE OF 24P14'10"; THENCE TO THE BEGINNING OF A TANGENT 40.00 FOOT'RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE ALONG THE ARC OF SAID CURVE ! THROUGH A CWRAL ANGLE OF 66945'38"; THENCE TO THE BEGINNING OF A TANGENT 45-00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE ALONG THE ARC OF SAZD CURVE THROUGH A CENTRAL ANGLE OF 91s08 ' 07" ; THENCE TO THE BEGINNING OF A TANGENT 20.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 112*17'26"; T&ENCE THENCE THENCE TO THE BEGINNING OF A TANGENT 15.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 87W ' 59" ; THENCE 35, SOUTH 19*23'05" WEST 61.59 FEET TO TKE BEGINNING OF A TANGENT 70.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE ALONG THE ARC OF SAID CURVE 36. SOUTHERLY, 119.22 FEET THROUGH A CENTRAL ANGLE OF SOUTHEASTERLY, AND 97*34'55'; THENCE EASTERLY 37. SOUTH 78*11'50" EAST 117.78 FEET TO THE BEGINNING OF A TANGENT' 35.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE ALONG THE ARC OF SAID CURVE 38. EASTERLY, 52.18 FEET THROUGH A CENTRAL ANGLE OF NORTHEASTERLY, AND 85*25'07"; THENCE NORTHEXIY 39. NORTH 16023'03" EAST 105.81 FEET TO THE BEGINNING OF A TANGEWT 25.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE ALONG "33 ARC OF SAID CURVE 40. NORTHERLY, 29.72 FEET THROUGH A CENTRAL ANGLE OF NORTHEASTERLY, AND 68*06'11'; THENCE EASTERLY 41. NORTH 84229'14" EAST 58.51 FEET; THENCE 42. NORTH 77p00'36" EAST 59.73 FEET TO THE BEGINNING OF A TAJSIGENT 10.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE ALONG TEE ARC OF SAID CURVE 43. kASTEFUiY, 18.08 FEET THROUGH A CENTRAL ANGLE OF SOUTHEASTERLY, AND 103*34'19"; THENCE SOUTHERLY 44. SOUTH 00*34'55" WEST 71.15 FEET TO THE BEGINNING OF A TANGENT 40.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE ALONG TEE ARC OF SAID CURVE 45. SOUTHERLY AND SOUTHEASTERLY 49.73 FEET THROUGH A CENTRAL ANGLE OF 7ls13'47"; THENCE 46. SOUTH 70938'52'' EAST 31.74 FEET; THENCE 47. SOUTH 85927'26'' EAST 19.53 FEET; THENCE . ..-. 48. NORTH 88Q59'03" EAST 49. EASTERLY AND NORTHEASTERLY 50. NORTH 26e32'02* EAST 51. NORTH 39253'36" EAST 52. NORTHEASTERLY 54. NORTHEASTERLY AND NORTHEXLY 55. SOUTH 82901'56H EAST 56. NORTH 20*31'29" EAST 57. SOUTH 82p01'56" EAST 58. EASTERLY, NORTHEASTERLY, AND NORTHERLY 59. NORTH 0clp43'O4'' WEST '\ i 65.60 FEET TO THE BEGINNING OF A TANGENT 35.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE ALONG THE ARC OF SAID CURVE 38.15 FEET THROUGH A CFNTRAL ANGLE OF 62*27'01"; THENCE 34.26 FEET; THENCE . 190.00 FEET TO THE BEGINNING OF A TANGENT 140.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE ALONG THE ARC OF SAID CURVE 75.66 FEET THROUGH A CENTRAL ANGU OF 30P57'45'; THENCE 16.00 FEEX TO THE BEGINNING OF A TANGENT 120.00 FOOT RADIUS CURW CONCAVE NORTHWESTERLY; THENCE ALONG THE ARC OF SAID CURVE 47.63 FEET THROUGH A CENTRAL ANGLE OF 22944'24"; TKENCE 160.15 FEET; THENCE 122.94 FEET TO THE SOUTHERLY LINE OF AN INCIDENTIAL PURPOSES PER DOCUMENT NO. 77-476325 OF OFFICIAL RECORDS; THENCE ALONG SAID SOUTHERLY LINE THE FOLLOWING SIX EASd FOR STREET AND COURSES I. 84.60 FEET TO THE BEGINNING OF A TANGENT 434.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE ALONG THE ARC OF SAID CURVE -4 777.82 FEET THROUGH A CENTRAL ANGLE OF 102Q41'08"; mENCE 205.52 FEET TO THE BEGINNING OF A TANGENT 766.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE ALONG THE ARC OF SAID CURVE LAGOON . . 010490 60. NORTHERLY 61. NORTHEASTERLY AND EA;sTERLY 62. NORTH 78P41'33" EAST 63. SOUTH 1le25'52" EAST 64. SOUTH 75912'59" EAST 65. NORTH 4lS21'54" EAST 66. SOUTH 48*38'06" EAST 67. NORTH 68034'34" EAST 68. NORTH 68Q34'34" EAST 69. SOUTH 23O27'18" EAST 70. SOUTH 42Q38'28n EAST 71. NORTH 86°16'32" EAST 72. SOUTH 43*45'28' EAST 73. NORTH 85°24'27" EAST 74. NOXTH 26*02'43" EAST 75. SOUTH 67p10'00" EAST 76. NORTH 22Q50'00" EAST 209.91 FEET 432.52 FEET 319.97 FEET 66.00 FEET; 414.47 FEET; 604.35 FEET; 151.95. FEET; 369.67 FEET; 870-62 FEET; 12.38 FEET; 239.00 FEET; 42.52 FEET; 7.03 FEET; 409.37 FEET; 1,040-99 FEET 305.02 FEET; 3.66 FEET EXHIBIT *A' .. . 5. .. THROUGH A CENTRAL ANGLE OF 15*42'03" TO THE BEGINNDTG OF A 366.00 FOOT RADIUS COMPOUND CURm CON'CAVE SOUTHEASTERLY, A RADIAL LINE TO SAID BEGINNING BEARS NORTH 79Q01'01' WEST; THENCE ALONG THE ARC OF SAID CORVE THROUGH A CENTRAL ANGLE OF 67Q42'34"; THENCE TO A POINT IN THE NORTHERLY LINE OF SAID LAND DESCRIBED AS PARCEL 1 IN RECORDED SEPTEMBER 27, 1996 AS DOCUMENT NO. 1996-0490000 OF OFFICIAL RECORDS; THENCE ALONG SAID NORTHERLY LINE THE FOLLOWING 12 COURSES THENCE THENCE TWCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE MORE OR LESS TO THE SOUTHERLY RIGHT-OF-WAY OF FUTURE EL CAMINO REAL; THENCE ALONG SAID FUTURE RIGHT-OF-WAY THENCE TO THE BEGINNING OF A NON-TANGENT 6,975.00 FOOT RADIUS CURYJ3 .. '. ... 77. SOUTHEASTERLY 78. SOUTHERLY 79 - 80. 81. 82. 83. 84. 85. 508.95 FEET 39.17 FEET SOUTH 24*21'07" WEST 79.65 FEET SOVTHWESTERLY 1,086.19 FEET SOUTH 70'29'08" WEST 569.86 FEET SOUTHWESTERLY 856.61 FEET SOUTH 45P19'45" WEST 492.73 FEET SOUmESTERLY 852.72 FEET SOUTH OOQ57'13" WEST 222.80 FEET CONTAINING 196.09 ACRES MORE OR LESS. \ CONCAVE NORTHEASTERLY, A RADIAL 'j LINE FROM SAID POINT BEARS NORTH 29Q09'12" EAST; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 04Q10'51" TO A POINT OF REVERSE CURVATURE WITH A 25.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 89*45'37" TO A POINT WHICH LIES ON THE WESTERLY LINE OF CANNON ROAD AS DEDICATED PER MAP NO. 13715, RECORDED IN THE OFFICE OF THE COUNTY RECORDER DECEMBER 31, 1998 AS FILE OFFICIAL NO. 1998-863974, RECORDS; THENCE ALONG SAID WESTERLY LINE TO THE BEGINNING OF A TANGENT 1,349.00 FOOT RADIUS CURVE CONCAVE NORTJ3WESTERLY; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 46908'01"; THENCE TO THE BEGINNING OF A TANGENT CONCAVE SOUTHEASTERLY; THENCE ALONG THE ARC OF SAID CURVE 1,951.00 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 25*09'23"; THENCE TO THE BEGINNING OF A TANGENT 1,101.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE ALONG THE ARC OF 'SAID CURVE THROUGH A CENTRAL ANGLE OF 44Q22'32"; T"CE TO THE TRUE POINT OF BEGINNING. /' RESERVING TKEREFROM SAID PARCEL 'A', A .15.00 FOOT WIDE EASEMENT TO CONSTRUCT, RECONSTRUCTr MAINTAIN,' OPERATE, AM3 REPAIR EARTH EMBANKMENT AND ACROSS ALL THAT PORTION OF PARCEL 'A', DESCRIBED ABOVE, LYING SOUTRERLY AND EASTERLY OF AND CONTIGUOUS TO COURSES 57 THROUGH 67 OF SAID PARCEL 'A' DESCRIBED ABOVE. THE SIDELINES OF SAID 15.00 FOOT WIDE EASEMENT SHALL BE LENGTHENED OR SHORTENED TO TERMINATE WESTERLY IN COURSE NO. 56 OF SAID PARCEL 'A' AND EASTERLY IN COURSE NO. 63 OF SAID PARCEL 'A'. SLOPES, TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS OVER, UNDER, ALONG, ALSO RESERVING THEREFROM SAID PARCEL 'Art A 20.00 FOOT WIDE EASEMENT FOR CONSTRUCTION PURPOSES LYING SOUTHERLY OF AND CONTIGUOUS TO THE SOUTHERLY AND EASTERLY LINE OF THE AEKlVE DESCRIBED 15.00 FOOT WIDE EASEMENT AND SOUTHERLY AND COWIGUOUS TO COURSES 55 AND 56 OF SAID PARCEL 'A' DESCRIBED ABOVE, THE SIDELINeS OF SAID 20-00 FOOT WIDE CONSTRUCTION EASEMENT SHALL BE LENGTHENED OR SHORTENED TO TERMINATE WESTERLY IN COURSE NO. 54 OF SAID PARCEL 'A' AND EASTERLY IN COURSE NO. 63 OF SAID PARCEL 'AJ. ALSO RESERVING THEREFROM SAID PARCEL 'A', AN EASEMENT FOR CONSTRUCTION PURPOSES LYING NORTHBRLY OF THE FOLLOWING DESCRIBED LINE: BEGINNIXG AT THE SOUTHERLY TERMINUS OF COURSE NO. 73 OF SAID PARCEL 'A'; THENCE NORTH 26'02'43" EAST 940.83 FEET TO THE TRUE POINT OF BEGIXNING; THENCE SOUTH 67P10'00" EAST 339.17 FEET TO THE BEGINNING OF A NON-TANGENT 7,075-00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, A RADIAL LINE FROM SAID POINT BEARS NORTH 28949'52" EAST; THEEJCE ALONG THE ARC OF SAID CrmVE SOUTHEASTERLY 501.79 FEET TO A POINT OF TERMINUS WHICH LIES ON THE WESTERLY LINE OF SAID CANNON ROAD, SAID POINT LIES NORTH 24p21'07' EAST 4.61 FEET FROM 'THE SOUTHERLY TERMINUS OF COURSE NO - 78 OF SAID PARCEL A. ALSO RESERVING THEREFROM SAID PARCEL 'A' THE RIGHT TO BIOLOGICALLY ENHANCE PORTIONS OF SAID PROPERTY. ALSO RESERVING THEREFROM SAID PARCEL 'A' ,AN EAsEMEXT AND RIGHT-OF-WAY FOR ACCESS TO CONSTRUCT, RECONSTRUCT, MAINTAIN, OPERATE, AND REPAIR DRAINAGE FACILITIES INCLUDING ANY OR ALL APPURTENANCES THERETO. ALSO RESERVING THEREFROM SAID PARCEL 'A' THE RIGHT TO DEDICATE ADDITIONAL RIGHT-OF-WAY FOR EL CAMIN0 REAL. *@L& S. PLUMMER DATE LS 6641 EXPIRATION DATE 12/31/03 .. EXHIBIT “B” A general utility sidewalk and landscape easement granted to the City of Carlsbad, as shown on Map number 13715, in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County recorder of San Diego County, as file no. 1998-863974, on December 31, 1998. LOCATION MAP LEGEND - ENCROACHMENT lrrrmrnlnrrmrl INTERMITTANT ENCROACHMENT (DUE TO IRREGULAR SLOPE) PROJECT NAME ENCROACHMENT FOR r PROJECT EXHIBIT NUMBER PR04-8 I C AGUA HEDIONDA ECOLOGICAL RESERVE PERIMETER FENCING - APN 208-020-44