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Home My WebLink AboutCB 981996; Wave Crest Resorts LLC; 1999-0463599; Future Improvement Agreement/ReleaseRECORDING REQUESTED BY WHEN RECORDED MAIL TO City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 DOC # 1999-0463599 JUL 02, 1999 IO:56 API 3574 OFFICIk Rmm glyl DIEW UIMJTY tEUWR’s OFfIcE -kEr”’ Y%- : . ecorder’s use. ” FIA No. ,(( ,,(,O ‘, ,::,. ,ii ,,, : i ‘)I’- : ii I 3: : ‘YEi WHEREAS, ‘Prop&& &&ter has applied to City for?@‘Permit Number CB 98-1996 for _I I’: Al% ), 2 the real property here’?!ll~~e~‘be~~c~ibe;b: n&under Proper?@Iwne& ownership; and !I*’ 1 I :r: L WHEREAS, it has’&$&,~[ou$$ that said, property is’kot &$&able for development in its 4‘yi:3::~! ! :.i‘.rl.;: :_ .~_I ,,.. ‘IL, ‘( I, l 1.) ,i: $ ;$-I s present condition, however sa;a’w~~~~,~~l~ i b&i :+~rt@r&? for development if certain public :a: _;[j!,[jI/>f:, :_I:_ j improvements hereinafter described are co’n~structed and certain irrevocable offers of dedication are made to City; and WHEREAS, the Municipal Code of City requires certain improvements and dedications as a condition of approval of this building permit; and WHEREAS, Property Owner has requested that approval of said building permit be granted by City in advance of the time said improvements are to be made; and WHEREAS, Property Owner, in consideration of the approval of said building permit desires to enter into this agreement securing the construction of said improvements, and City has determined it to be in the public interest to agree to temporarily postpone said construction; NOW, THEREFORE, IT IS AGREED between the parties hereto as follows: Section 1. That City agrees to record any irrevocable offers of dedication made by Property Owner for said building permit. MASTERS\FORMS\CONTRACT FUT-PUB-IMPVMNTS 1 REV. 12/24/97 s52a 3575 Section 2. That Property Owner, in lieu of making the hereinafter described improvements before approval of said building permit is granted, agrees to install and construct, or cause to be installed or constructed, said improvements in accordance with plans and specifications approved by the City Engineer within sixty (60) days after written demand to do so by City. Property Owner shall not be required to make said improvements before January 1, 2003, or within such further period of time asiis;granfed by City, provided, however, that upon >. (iI: L / 1 :_ : i s, I I ,/ the happening of either of the! ~~~~~~~~~g ocd~,kiltenc~~,l:i~~~~~~~~mprovernents may, at the sole J _(_j ! : 1 ,,i;:,:: ; 1,1, I:, election of City, be requir#to~ bema& boone{‘thari sard date or+rch extended period of time )( ( which may have been~&#nted by C&F ‘!’ ‘:“‘ “‘I >:~ i; : y ,,,‘ “ i_:$ j: j :r I’: 1 i :‘ i 8, .&$y;;. : ‘:‘.;: : !I 0; L (a) $Yh@$he City Council finds that the ov?t%%$ $%% or more of the frontage, qf~~~$!:’ : ): s, including the fr~~~~ge~~~~ill~roperty~pe~y Owner, between intersecti~~~~~stre8ts~‘~ti.:both sides of the : LE. street upon wh~~~~~~~~:~i~~~~~lty herei,n described has frontage, h&e agreez%&h City to install $b: ‘,y,:;g,f~~. ~( ,:i*pb~r ‘y :I$, ::j,$ 3 3 3 ; ‘1 street improver$$ntst~~$Ay specification$ “!+‘I“ 3“ i~~i,“;.,i‘~~:;‘.;. ;I _:)c 1 1 ,‘) 1 i a-, ,- ,1.3.‘:., ZI, .), _1 is 11 ‘1’ (&$~~~~~~~owners of hare than-I&Q4 of the fronta&, b&$&n j&@$-secting streets $Ji~; j , $2 ? 0 : ; ~: @, : :.‘.‘.,I”‘:il’.i:.’ r,E$+‘:i” on both sides ‘of%je’%@eet upon wh!cW the property herein,,d$sdribeq’jlhaS W$$age, have peti- 1_ i’a:,: tioned the City to form # improvemeni district’for the improvement o&aia strj!$ts. -&j 1 ,,Gf +r II3 ..:3.3; Said impr$vemehts shai’&$ made %thotit cost Qr expense ,t,,@&!’ $$y estimates that jc ’ !J,j‘fij~l,l ,,~ ::+_ !_( :: JIGI the cost of engin~~rl~,~~~d’cronstru~~jon of said,@nprovement at, $he ti#$&[&@ning this contract 3(i ,!.+ is five hundred ‘~~~~~~ll~~v,n ““~~~sand; scion ” nundred fiftr~~~~even’:-~~~I’1”00/, 00 DOLLARS i i-t; 4~f@&~ 1 .::.:; ($557,757.00). Prop~~,:~~~~l,~~~~Mbr~~~l7owledaes~Ir~~l,said,ddst $&$easonable estimate of M&:, -:-,:,;: 3 !!@‘T’i:“~ :_ ,:.~‘:;‘i.~J;‘:;“I j s 1‘1 b 1 lil:&~.‘~, j : ‘,&i 1 ‘. ‘,, ,/ engineering and constrb’~~on:l~~~,,~~~~S ?$$Y~n@ that the actual &&!$ of same at some time in “;I :: the future may exceed this e.&@#r$;:‘~~~~ :;! ‘,:(:,I: j,@.j ;& & 13 i=+, 8 ‘/ / . .$ L:i?: “l:~!i;,.,i:~,,.i.;,~ L !.I,I$ ‘%’ ,:jssi ((:~jjit 3 1’ “:j;*“’ ’ :,: ji:ij.lf:)(, “qp; i,:‘“L ,.. Section 3. That for the falthfirlii-~~~~~~k~~~~ of the promises and covenants herein contained, Property Owner hereby grants to City a lien upon the hereinafter described property in the amount of $557,757.00 plus any future increases of cost in excess of this sum resulting from increased engineering and construction costs, and in the event Property Owner, Property Owner’s successors, heirs, assigns, or transferees fail to install and construct said improvements in the manner and within the time specified herein, Property Owner agrees that City may do any or all of the following: (a) Have the necessary engineering for said improvements done, and install and construct said improvements by contract or otherwise. City or its contractor and contractor’s employees may enter upon any portion or portions of the property reasonably necessary for said engineering and construction, and the entire cost and expense shall be charged against said property and payable by said Property Owner, Property Owner’s successors, heirs, I MASTERS\FORMS\CONTRACT FUT-PUB-IMPVMNTS 2 REV. 12/24/97 3576 assigns or transferees immediately upon completion of said improvements. In the event same is not paid within thirty (30) days from completion, City may foreclose said lien as provided by law for the foreclosure of mortgages. (b) Direct the City Engineer to estimate the cost of necessary engineering, and the work required to install and construct said improvements, and foreclose said lien in said amount. ,.~~ii;iiifi~il,:i:~~~l~~~~~~~~~~~~~~~‘~,~: I_ ;:&wi&gi~- &~$4:j!! & *,j s ~~ll~ijiI~lii:-,~~~~ii~~l.r I I (c) Pursue an,& ~~~~~~~~~~b;~~~Elul?~~~-iO’~~~~~~~~g those specifically referred to 3 2 ,‘~--j$$& herein), for the foreclosy$‘/#@~ l&f~~~ffi&-j ~~~,~r~~~~~Own~~~~~~reperty Owner’s successors, ‘+&ji,i:’ ~‘IgeI -~ *L~I!:;( heirs, assigns and tra~~~r~~~:‘:sh~iliiL~~ &$& ~~~~‘~r~~~ahslble~i~~~~~~fees as a cost in said (: a;31 ,: @:[_ ,zj~;_:>:j; I(( ’ ’ ‘ii :s,uL i : 1’1 proceedings. is:, ,;:;ir;!@> ’ a, I , :j:;:j;:, * :/I: il L : ,; i;i,;;5 ,( ‘,.> zjj_:%~(:L (( “k!$l,, ,‘*,, ~( >, Section ,+$$;,@ T$@@$t” is agreed that anything here/n~~~~:c~r&!tkied~ to the contrary +&;$i: notwithstandin~th~~~~~r~~~~~, and covenants made herein,, sha@;not beb’$inding upon the ,;;.; Q” “$g [‘:: _‘ ‘./ : : ; ~: : ! : t I ; I i :‘$l:i-. : I,~,@ .~~_~ illl[ holders, mo~~~~~~~~~~i”‘:beneficiarieS fof~ t$Ay k/$~f$fSfi&e my&y mo@@ ‘&$ur&ase money il:i/,( “1 deed of trust f&Jv&,&$Gch has been or mayc in the future be execut#&by the$$roperty Owner, :‘a:;$ _: Property Owne$r& ~~ti&&ssors, heirs{ ‘&signs y !transferees,-ia#d the$en h~~~~~ created shall -:;-A :Ilil be and is her&& &&or@natedJte and declared to be inf~~~~~a~d’su~~equent :in’ lien to the lien ,: ,I( ‘,.~ of any such p$$&$#& f!&&ney $&&fie or purchase‘ &@&$‘&e@$ trust. : The /ien her&y %:i:;ij ( ), j :+,: j s created shall li~~~~~~~>~cslrl~~,,~o forc& or effect, against any owne&@@se’&le to the property jI -3, :&4;i$ x j) ‘( ,L- L,I hereinafter describ@&$ acqur&@izby or as a result of a forecl~~~~e‘b~~~stees’ sale of any such 1 ,,I &13 purchase money rn~~~~g~~~~~~~~~se~~maneydeed of tru#JI.: ’ ~> : L: ,,$Y I” Section 5. That &,@ny $r$#~uring”‘the~ ‘period hen&, pro$&ed, the Property Owner, g j 3;;: .::, “‘ : .p.!’ ; i( se__; $“I f“li’ : Property Owner’s successor~~%@&s, &$gnsr:or %nsfe@e$, &@‘deposit a cash bond or post a .:lTi$i:li (i”p ::I L jlp :‘:‘I, ‘,S ‘rjq,;,!. ):f -.( $bll! : l-l* i! %/:p 1‘1 I .,:i; I~* L. surety performance bond satisfactory%.% We ~&ity t&Miarge said surety with the cost of said improvements; the amount of bond to be the estimated cost of engineering and improvements at the time of such deposit or posting as ascertained by the City Engineer, and that upon deposit of said cash or posting of said bond the City agrees to release the property, or any portion of it as to which said deposit or posting applies, from the provisions of this agreement, and to execute any necessary release to enable the record title of the property to be released from the lien herein imposed. Section 6. Said City shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage happening or occurring to the work or improvements specified in this agreement prior to the completion and acceptance of the same, nor shall said City, nor any officer or employee thereof, be liable for any persons or property injured by reason of said work or improvements, but all of said liabilities shall be assumed by I MASTERS\FORMS\CONTRACT FUT-PUB-IMPVMNTS 3 REV. 12l24197 3577 said Property Owner and Property Owner’s successors, heirs, assigns or transferees, and they shall save the City harmless from, and indemnify the City against, any and all claims, suits and liabilities of or to any person or property injured or claiming to be injured as a result of said work or improvements. Said Property Owner, and Property Owner’s successors, heirs, assigns or transferees, further agrees to protect said City and the officers and employees thereof from all liability or claim because of, or arisin,g,,R~~;,~~~,.~~~~; use of any patent or patented article in the ..‘:l:j:::j& I ;*I?i., : ::;:f -j,z,i;i (): /(,*~/‘: : construction of said irnprove~~~lrj~r::I’i~~~~~~~~~~~~~,~ ‘/‘(: :,I l,,j ,:;gp .::I,$.:,~, (1 1 se / E’~;E:Ei~~c~” ..,;; iz / I L #f&‘th# c&b, br&fly‘ &&t ,yill at all times up to the Section 7. It is completion and adequate warnin property. The P (,~ ,( >_ (, i ii’:/lI $&$ “&& ‘#mpr~&-&& i &, ;$He City, give good and blic of any dangerous ‘gr’~defectiir~,,conditions of public ,‘l ,:, agrees to pay for such’ihspecfion~~of improvements as ,a: !,i : and inure to th~~~,~~~~~~~of the successors, he& assigns and transferees of’Property Owner, ,,: ‘. &, ; ,(6 / shall run with,~~il_real!;property, and$reate an equit&le senrjt$# up&$ sail &&!l property. (( ‘. _i_! E e% Section,,b. ~“&&cripQ@,,of fbe prope’@‘r&rr~~ ZIG ‘&@&ifl &# &on ,\jvhich said lien is :‘ y “:xl : : i imposed is de~~~~~~l~~~j~~llows’:l 1:‘~~~ a~~~chedl ~~~jbjt;“lEghl i )’ _‘;,$j; f,L i “ :*,.,:, f,‘ (,1 L 4%’ (): ‘~: : ::.:: :~, :,,‘:’ Ia ,. ,g‘(,: j,i j j ,;:‘i I ;:j :“~~‘:‘I Iii 3:~: (> 1 / I~( L : :, )S $3: ,;: i,k,( / s 3, ,$@ :ss ;i: y;?;j’ L (,I SKI‘, :-:‘ (~A I:@ % L ‘“‘:‘f@“, ; ,a ,‘) V$ : I I,l ‘:i:fki’p : ,,:3::i. ,i ; i: : 1 _, I,~j’ L” i,‘ ,~ -+r~: ( L,I n I .: $_j i ,I ;~. 1 -1. :‘;t ,. i’, _” jq;iij_ ‘: ] 3l ?:, : j ,,a i:, Iii ,LI ,s ,,,j +Ls, :f”[.[> ,,li : 1‘;) b ,,i;,: ((1 :,: j$&i~ ,‘: : +,r>r L3, :, : ,_: i ) _(( &i Ia:& ,I‘ iI ’ .i!ili (( ‘1 ; q,,yi_ :.s‘ I// ,~:i _ ,1.4# is: -’ i:i!;b;ipjhi (<( __I( “{ “)’ : “) ‘cg:;: ‘:; : :: ‘1 lali:‘ ::I 1 i,Zi ?# i,:.i:,I:,l:i‘ :, i:,$‘i I,! al; 1; i,l,i(, !:$f!l,isL.i.L Lr, 2, :_::‘i 1 _ i : : _i _J:$ $I _: : i 24: $G L, _,/: ~g, .> _,.: : 1i $‘.l I(; j (%((i:/*; L L; . c$q i L x ?‘:~ij ‘1 I’: 1: 1 /, 2 i,$.!‘! :: II/ .rCI*J j, (>‘Li ii;, : : ‘ “jjj:j L ~,;tI j>’ “yg:“ :;>.t.z ‘, i’, #%. :..i,p,I.: L ,I : : , I 1 ,a ;,‘,,13. _p “,i:::: i z, : .ri:i,i$ 3~2’ a! ii/ ‘1 MASTERS\FORMS\CONTRACT FUT-PUB-IMPVMNTS 4 REV. W24l97 Section IO. The required improvements to be constructed and the estimated costs thereof are as follows: See attached Exhibit “A”. Executed by Property Owner this 9 I, day of A-+ 19q PROPERTY OWNER CITY OF CARLSBAD a municipal E>(‘ William L. Canep ‘fwity i -,( h’$ (print name here>!,;,:,‘: ‘i Eli,- ~‘;~::~$f$J@ 2 iq* ‘,. ‘, (,:(;’ ” _?t( :I‘ ;$ ;:a ‘_,? i, II 3 President and$$Be@@&8 qf (, Two “ ‘_ Seas, !4,>{ Enterprises, IRa:,~:-:~~;l:~~~orni~ &$~~$&r~fi i L I I; E “: :;.;:i: 1, II,11 I*: I! I:: 1 (r:>: :, .,( ~ ” Managing Ag#ht ‘of W&e Crest Resorts, , “:f:~~: ,I’ S( LLC, a Califor@a! Ik%%@‘liability company :( 1‘ ; :, ,> (title and orga~~atlQD!.~~signatory) _’ :; ij i:,:iii,,l,..j~ ‘, ;‘Qp i: ,I:$‘i “ iiS :i$ ; : (Proper notari~~~~go~~wl~dgrnent~~~ execution’by PROPEFm@WNER mu& b&attached) (> ‘L 1a1 RONALD R. BALL City Attorney #ssk%nt City Attorney d$q/9 p’, I MASTERS\FORMS\CONTRACT FUT-PUB-IMPVMNTS 5 REV. 12/24/97 3579 State of California County of San Diego On June 9, 1999 before me, Ann E. Knight, Notary Public (Date) (Name, Title of Officer)’ personally appeared William L. Canepa (Name[s] of Signer[s]) c personally known to me-OR-- (- of sm to be the person@+ whose name@-) @&RF subscribed to the within instrument and acknowledged to me that- executed the same in &%nen%eir authorized capacityfie4); and that by@/h&tMr signaturwon the instrument the persowor entity upon behalf of which the person.@) acted, executed the instrument. WITNESS my hand and official seal ahL\.C‘ itid@- Signature of Notary (This area for official notary seal) Title or Type of Document Contract for Future Public Improvements Date of Document 6/g/99 No. of Pages 5 Signer(s) other than named above llnvrl R- wc P?J- PALOMAR BEACH RESORT 3580 FUTURE ROADWAY REALIGNMENT OF CARLSBAD BOULEVARD PRELIMINARY OPINION OF PROBABLE CONSTRUCTION COST 0 EARTHWORK GRUBBING & DEMO GRADING ROADWAY IMPROVEMENTS AC PAVING (4” AC, IO” BASE) NEW CURB & GUTTER CONCRETE SIDEWALK PAINT STRIPING HANDICAP RAMPS STREET LIGHT RELOCATION DRAINAGE INLETS 18” RCP MODIFY PBR ENTRANCE SIGNAL RELOCATE MAST ARM & STANDARC RELOCATE PEDESTRIAN SIGNALS LANDSCAPED MEDIAN SOIL PREP AND FINISH GRADING IRRIGATION SYSTEM PLANT MATERIALS STAMPED CONCRETE UNfT UNIT PRIGE CY CY $15.00 $3.90 1,615 3,940 $24,225.00 $15,366.00 $39,59 SF $3.70 23,406 $86,602.20 LF $13.10 535 $7,008.50 SF $3.50 2,675 $9,362.50 LS $1,317.00 1 $1,317.00 LS $1 ,ooo.oo 1 $1 ,ooo.oo EA $2,000.00 1 $2,000.00 EA LF $3,500.00 $80.00 3 500 1 3 1029 1029 1029 441 $10,500.00 $40,000.00 $50,500.00 EA EA $20,000.00 $5,000.00 $20,000.00 $15,000.00 $35,000.00 SF SF SF SF $0.25 $1 .oo $1.00 $3.20 $257.25 $1,029.00 $1,029.00 $1,411.20 $3,726.45 ClUANTtTY COST SUBTOTAL SUBTOTAL: $236,107.65 30% CONTINGENCY: $70,832.30 TOTAL: $306,940.00 1.00 $107,290.20 1. Unit prices are based on City of Carlsbad bonding amounts and bid results of recent projects of similar type, location 8 size. 2. This opinion is limited to our best judgment of anticipated construction costs and is not a proposal or guarantee. All amounts are subject to change to reflect such items as changes in cost of labor or materials, contractor’s methods of determining prices, project revisions, and general market conditions. 3. Opinion of cost includes roadway improvement construction costs for one half of the roadway. Permitting, par buildings, bridges, utilities, lighting etc. are not included. FUTCB.xlsI6M/99 117.012 John Powell 8 Associates, Inc. PALOMAR BEACH RESORT 3581 FUTURE ROADWAY REALIGNMENT OF PALOMAR AIRPORT ROAD AND INTERSECTION AT CARLSBAD BOULEVARD PRELIMINARY OPINION OF PROBABLE CONSTRUCTION COST IiEM EARTHWORK CLEARING 8 GRUBBING 8 DEMO GRADING ROADWAY IMPROVEMENTS AC PAVING (4” AC, IO” BASE) NEW CURB 8 GUTTER CONCRETE SIDEWALK PAINT STRIPING MEDIAN CURB STREET LIGHT ROADWAY LANDSCAPING SOIL PREP AND FINISH GRADING IRRIGATION SYSTEM PLANT MATERIALS HYDROSEEDING MEDIAN LANDSCAPING SOIL PREP AND FINISH GRADING IRRIGATION SYSTEM PLANT MATERIALS HYDROSEEDING STAMPED CONCRETE UTILITY RELOCATIONS WATER NEW FIRE HYDRANT UNIT UNIT PRlCf CY CY $15.00 $3.50 700 11,795 SF $3.70 19,230 LF $13.10 390 SF $3.50 2,145 LS $695.00 1 LF $8.00 390 EA $3,500.00 1 SF SF SF SF $0.25 1,755 $1 .oo 23,535 $1 .oo 1,755 $0.10 21,780 SF SF SF SF SF $0.25 2,328 $1 .oo 2,328 $1 .oo 2,328 $0.10 2,328 $3.20 998 LF EA $42.00 $3,000.00 250 1 QUANTITY COST SUBTOTAL SUBTOTAL $192,936.00 30% CONTINGENCY $57,881.00 TOTAL $250,817.00 $10,500.00 $41,283.00 $51,783.00 $71,151.00 $5,109.00 $7,508.00 $695.00 $3,120.00 $3,500.00 $91,083.00 $439.00 $23,535.00 $1,755.00 $2,178.00 $27,907.00 $582.00 $2,328.00 $2,328.00 $233.00 $3,192.00 $8,663.00 $10,500.00 $3,000.00 $13,500.00 Notes: 1. Unit prices are based on City of Carlsbad bonding amounts and bid results of recent projects of similar type, location & size. 2. This opinion is limited to our best judgment of anticipated construction costs and is not a proposal or guarantee. All amounts are subject to change to reflect such items as changes in cost of labor or materials, contractor’s methods of determining prices, project revisions, and general market conditions. 3. Opinion of cost includes roadway improvement construction costs for one half of the roadway. Permitting, parking lots, landscaping, buildings, bridges, utilities, lighting etc. are not included. 4. This opinion does not include the cost of the proposed Palomar Airport Road bridge structure over the r tracks in NCTD right-of-way. FUTPAR.xls/6/1/99 117.012 John Powell 8 Associates, Inc. ' MtW.i3.1999 18:13QM 1022150 NO. 697 P * 4/23 . 3582 EXHIBIT “IV PARCEL A: That portion of public right-of-way known as Solamar Drive and Carlsbad Boulevard (formerly State of Califomia ownership) relinquished to City of Carl&ad as File/Page No. 57648, recorded April 25, 1967, and those portions of Parcels 1, 3 and 4 of deed recorded May 7, 1996, per Document No. 1996-0230216 of Official Records, in the City of Carlsbad, County of San Diego, State of California, described as follows: Beginning at Corner No. 6 of Lot “H” of Ranch0 Agua Hedionda in the City of Carlsbad, County of San Diego, State of California, according to Partition Map thereof No. 823, filed in the Ofice of the County Recorder of San Diego County, November 16, 1896, as shown and delineated on said Map; thence running South 89’25’20” East (North 89’59.‘00” East per said deed to Palomar Beach Resort, LLC, a California limited liability company, recorded May 7, 1996, per Document No. 1996-0230216 of Of%ial Records) along the South line of said Rancho, as shown on said Map, 5317.58 feet to a point; thence North OO”01’40” East (North OO”32’OO” West per said deed to Palomar Beach Resort) lSS8.90 feet; thence North 89’25’20” West (South 89”59’00” West per said deed to Palomar Beach Resort) along a line parallel with the South line of said Ranch0 to an intersection with the Westerly line of the 100.00 feet right of way as described in a deed to the Atchiaon, Topeka and Santa Fe Raihoad Company, recorded March 10, 1881, in Book 38, Page 171 of Deeds; thence leaving said parallel line Northwesterly along said Westerly line of said 100.00 feet right of way North 22”29’23” West, 555.00 feet to a point referred to as Point “A”, said Point “A” being the True Point of Beginning; thence leaving said Westerly line North 73’47’11” West, 267.90 feet to a point on the boundary of Relinquishment No. 14749 as shown on Sheet 3 of State Highway Map No. 59 recorded September 2, 1966 as File No. 144347 of Official Records; thence continuing North 73’47’11” West, 101.93 feet; thence South 12’04’16” East, 328.12 feet; thence South Ol”35’07” East, 51.25 feet; thence South 16”44’53” East, 170.00 feet to the beginning of a non-tangent CUNC concave Northerly having a radius of 25.00 feet, a radial line bears South 29*49’13” West; thence Easterly along the arc of said curve through a central angle of 31*06’52” a distance of 13.58 feet; thence tanged to said curve North 88”42’21” East, 55.56 feet to a point on the Easterly line of I.and described in a deed to the State of California, for freeway purposes, recorded June 18, 1953, in Book 4894, Page 494 of Off&l Records, said point being North 16*44’53” West, 78.87 feet from the intersection of aaid Easterly line with the said parallel line of the South line of said Rancho; thence Southerly along said Easterly line South 16”44’53” East (South 17’20’33” East per said deed to Palomar Reach Resort), 78.87 feet to said intersection; thence Easterly along said line parallel to the South line of said Pancho South 89’25’20” East (South 89”S9’00” West), 357.14 feet to said intersection with the Westerly line of said 100.00 feet right of way of said Atchison, Topeka and Sax& Fe Railroad Company; thence Northwesterly along said Westerly line North 22O29’23” West, 555 .OO feet to the True Point of Beginning. 19% ti’t’A Lonn Polioy