HomeMy WebLinkAboutCT 00-02; Calavera Hills II LLC; 2002-1155694; Hold Harmless Agreement/ReleaseRECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad. CA. 92008
DOC # 2002-1155694
OFFICIAL REm SEIN DIEGO COUNTY RECORDER’S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES: 0.00
SPACE ABOVE THIS LINE FOR RECORDERS USE
ASSESSOR’S PARCEL NO.:
167-1 01 -28-00,468-040-29-00,168-041-03-00,
168-041-04-00, 168-041 -06-00,168-041-07-00,
168-041-1 O-OO, 168941 -1 1-00, 168-050-27-00,
168-28049-00,208-401-05-00
PROJECT NO. & NAME: CT 00-02
Calavera Hills Phase II
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City’s approval of a grading plan (DWG 390-9A, DWG 390-9L,
DWG 390-9N) and improvement plans (DWG 390-9, DWG 390-9C, DWG 390-9D, DWG 404-7,
DWG 404-78) for development to occur on property described as attached Exhibit “A more
particularly described as (APN No. 167-1 01 -28-00, 168-040-29, 168-041-03-00, 168-041 -04-
00, 168-041-06-00, 168-041 -07-00, 168-041 -1 O-OO, 168-041-1 1-00, 168-050-27-00, 168-280-
49-00, 208-101-05-00), and other good and valuable consideration, receipt of which is hereby
acknowledged, I/(We) Calavera Hills II LLC, a California Limited Liability Company, the
owner(s) of said property promise to indemnify and to hold the City of Carlsbad, its officers,
agents and employees harmless from liability for injuries to any persons, or damage to or taking
of any property including public property, directly or indirectly caused by the geological failure
of any nature, type or cause or any subsequent damage that may occur on or adjacent to this
subdivision due to its construction, operation or maintenance.
Approval of the plans or permits, or inspection of any work done pursuant to those plans
or permits by the City shall not constitute an assumption by the City of any responsibility for any
damage or taking referenced in this agreement. City shall not be responsible in any manner
whatsoever for the design, compaction, construction or maintenance of the slopes, cuts, fills or
improvements made or done pursuant to the approved plans, nor shall any officer or employee
thereof be liable or responsible for any accident, loss or damage happening or occurring during
the construction work or improvements as specified in this agreement. The entire risk of any
1
H:/Developmnt Servcies/Masters/Bonds & AgreemnWHold Harmless Agt Geological Failure Rev. 12/08/96
loss resulting from or caused by any geological failure is assumed by and shall be borne by the
owner.
It is agreed that the above owners will maintain all slopes and landscaping in a manner
to insure slope stability to the satisfaction of the City Engineer. The owners agree to repair any
damage to public improvements caused by any geological failure referred to in this agreement
to the satisfaction of the City Engineer. The owners agree to repair or stabilize any slope which
the City Engineer determines may fail and cause damage to public improvements. It is further
agreed that this agreement shall be binding on all heirs, successors or assigns having an
interest in all or any part of the property described herein.
IN WITNESS WHEREOF, the undersigned has executed this instrument this
*day of ("TC;TDBEfL ,2e.
PROPERTY OWNERS Calavera Hills II LLC, a California Limited Liability Company
By: McMillin Companies LLC, a Delaware Limited Liability Company, ItManaging Member ,
By: [ (sign here)
Don Mitchell, Vice President (print name and title)
Date: A-
//
Brian Milich, Senior Vice President
(print name and title)
Date:
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By: vp km
puty City Attorney
(Pro r notarial acknowledgment of execution by SUBDIVIDER must be attached)
(Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer@) signing to bind the corporation.)
d
I 2
H:/Development Servcies/Masten/Bonds 8 AgreementsMold Harmless Agt Geological Failure Rev. 12/08/98
State of California ) 1 County of San Diego 1
On -4.~07 before me, E/ 1ZiIk.eh r(\. hYe& flmy (31Lbli'b ,
(Date) ' (Nan%, Title of Officer)
personally appeared VIitc\.Qcl+FS&~M;li~
(Name[s] of Signer[s])
yetsonally known to me -OR - 0
(proved to me on the basis of satisfactory evidence) to be the person@) whose name(s)
idare subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) 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)
Date of mmbev 4%. ma- No. of Pages
Document
Signer(s) other than named above
3
H:/Development ServcieJMasterdBonds & AgreemntJHold Hades Agt Geological Failure Rev. 12/08/98
EXHIBIT "A"
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN Is SITUATED IN THE STATE OF CALIFORNIA, COUNTY
OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
PARCEL 1:
BFJNG A SUBDNIsKlpg OF A FORTIUN OF LOT Was "E" AND *P OF T€JE RANCHO AGUA
HEDIONDA, IN THE ClTY OF CARLSBAD, COUNTY OF SAN DIEGO, §"Am OF CALIFORNIA,
ACCORDING TO 'RfE PARTITION MAP THEREOF NO. 823, F!ILBD IN THEt UFFICE OF THE
COUNTY RECORDER OF SAD COUNTY ON NOW= 16,1896, I3ZSCNBm AS FOLLOWS
BEGINNING AT TiHI3 mY CSRWEIR OF THE 493.70 A- OF Pa OF LAND
AsSHOwNoiNIcBcoRD~SuRvEyMApNO.9336,FILED~THEO~~I&plsAtD~~ RECORDER, BmC3 TIIB NORTHERLY TERMINUS OF THAT "FMN COURSE SHOWN
THEREON AS NORTH 01'57'58" EAST, 610.78 ma THENCE AL,ONG "XI3 BOUNDARY OF SAID RECORD OF SURW NO. 9336 THE F'OX,LOWlNG'COuRsES:
SOUTH Ol"57'5F WEST, 610.78 THENCE NORTH 14W'&* WESST, 173.76 Z%E$"; THENCE
SOUTH 55O38'49" WEST, 223.72 FEET; "X3ENCE SOUTH O@W57" WlST, 453.91 m, THENCE
SOUTH 23020'39" wI$T, 178.18 FEET; RIENCE !WUTH 6703058" W$SUkX I(Ea.71 m, THENCE
SOUTH 06'54'33" WEST, 213.56 FEET; THENCE SOUTH 35O11'39" lsX,$P THENCE
NORTH 7222'13" WiB", 17956 m, THENCE NORTH 59O48W WEST 13W.FEET; ?iHENcE
NORTH 1002527" WEST, 66.69 FEW; "€E,NCE NORTH 7944ZW WEST, 118.91 FEET; THENCE
NORTH 43"09'17" WEST', 153.79 FEET; TbiWGE woEi4'R 8P24'19" WlRlT, 96.93 FEET; THENCE
SOUTH 07*4028" WEST, t90.85 FlEEc; "€H$Na SOUTH 089437" my 203.13 FEET, THENCE
SOUTH 2802828" EAST, 327.62 HEET; THENCB SGUTH 13"3231* %%ST, 98.52 FEET; THENCE
SOUTH 59O25'58" WEST, 133.58 FEET; T"X SOUTH 1Sa38'47" WEST, 352.73 Ema THENCE
SOUI'H 57'48'41" EAST, 56.66 my THENCE SOUZ'H 00021'43" WEST, 2,179.75 m, THENCE
NORTH 89°36'10" WESTa 265.41 FEET, THENCE SOUTH 01°15'40" WEST, 150.31 FEET, THENCE
SOUI'H 09"46'52" WEST, 112.81 FEET; THENCE SOUTH 20O51'39" WEST, 126.01 m, THENCE
SOUTH 14"46'34" WEST, 57.07 FET; "NCE SOUTH 07"13'08" WEST, 135.35 FEET; THEFkE
SOUTH ll"37'59" WESTa 65.22 FEET; THENCE SOW 14'43'1 1" WEST, 159.95 FEET; THENCE
SOW 21O3729" WEST, 190.15 FEET; THENCE SOUTH 13"43'44" WEST, 781.93 FEET; THENCE
NORTH 89O25'15" WEST, 2,08035 FEET TO THE SOUTHEAST CORNER OF LOT 140 OF
FILED IN THE OFFICE OF "HE COUNTY RECORDER OF SAID COUNTY, DECEMBER 16,1980;
THENCE CONTINUING ALONG THE BOUNDARY OF SAID RECORD OF SURVEY MAP NO. 9336 AS FOLLOWS:
CARLSBAD TRACT NO. 76-12 CALAVERA HILLS, ACCORDING TO MAP THEREOF NO. 9935,
NORTH 01'43'19" EAST, 610.00 FEET; THENCE NORTH 23'12'02" WEST, 720.30 FEET; THENCE
SOUTH 78'12'06" EAST, 319.76 FEET; ?l€EZNCE SOUTH 48'4339" EAST, 335.00. FEET, THENCE
NORTH 48O4621" EAST, 250.00 FEET; THENCE SOUTH 81' 13'39" EAST, 2 10.00 FEm, THENCE
NORTH 08'4621" EAST, 980.00 FEET; THENCE NORTH 24'1 3'39" WEST, 770.00 FEET TO A
TANGENT 1,000 FOOT RADIUS CURVE, (33NCAVE EASTERLY; THENCE NORTHERLY ALONG
THE ARC OF SAID CURVE, 301.73 FEEITHROUGH AN AWGLE OF 17°1T17"; THENCE LEAWG
SAID CURVE SOUTH 6978'42" W"T, 1,408.19 FEET TO A POW ON THE ARC OF A 1,042 FOOT
RADIUS CURVE, CONCAVE NORTHWWERLY ON THE EAsraRLY LINE OF TAMARACK
AVENUE, A RADIAL LlNE OF SAID CURVE BEARS SOUTH 85O33'46" EAST, To SAID POm,
THENCE SO-Y ALONG THE ARC OF SAID CURVE, 186.74 FEBT., THROUGH AN
ANGLE OF 10"16'060; THENCE TAJWElW TO SAD CUlWE SOUTH 14Or12YLo* WEST, 138.62 TO A TANGENl' 642 FOOT RADIUS CURVE, CONCAVE NOR-X THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, 249.81 FE" THROUGH AN ANGLE OF
22"1740"; THENCE TAhKiENT TO SAID CURVE, SOUTH 37°00W WEST,%#2.W) FEET TO A
TANGENT 938 FOOT RADIUS CURVF., ' CONCAVE S0-x THENCE
SOUTHWESTERLY ALONG THE ARC OP SAID mm 264.04 FEET AN ANGLE OF
15"47'""; THENCE TANGENT TO SAID CURVE SOUTH, 21°12'30" WEST, 45594 FEET; THENCE
NORTH 00036'38" EAST, 944.30 FEET; THENCE NORTH 8P25'06" WEST, 300.33 m, THENCE
SOUTH qOo34'54" WEST, 660.00 FEET, THENCE NORTH 89.25'06" WEST 31739, m, THENCE
NORTH OO"3522" EAST, 987.58 FEET; THENCE NORTH 24'22'59" WEST# 51737 TO THE SOUTHEAST CX3- OF THE LAND DESCRIBED IN DEED TO 63eDRtG R. SANDERS,
RECORDED DECEh4BXR 29, 1983 AS FILE NO. 83475916 OF OF'FIWU, REcxHu>S; THENCE
AL.ONG THE BOUNDARY LINE OF SAID LAND AS FOLLCWS:
SOUTH 82'57'05" WEST, RECORD SOUTH 82'59'47" w", 70.00 FEBT; NORTH 24'22'59"
WEST, RECORD NORXI3 W20'1'7" WEST, 95.00 m, THENCE "H 05WW" WEST, RECORD
NORTH 04'5!Y18" WEST, 28.72 FEET TO A TANGENT 150 POOT RADRfs CURVE, CONCAVE SOUTHWEmX THBNCE NORTHERlLY ALONG THE ARC OF SAID CURVE, 114.94 FEJiT
THROUGH AN ANGLE OF 43O54'14"; THENCE TANGENT TO SAlD CURVE, NORTH 48'56'14"
WEST, RECORD NORTH 48°533V WEST, 2276 FEIiT;,THENCB NQaTH 41O03'39" EAST, RECORD
NORTH 41'0630" EAST, 79.00 FEET TO SAID BOUNDARY LI[NE OF RECORD OF SURVEY MAP
NO. 9336; THENCE ALONG SAD LINE NORTH 2402259'' WEST, 66.33 FEET To AN ANGLE
POINT ON THE SOUTHWESTERLY LINE OF THE LAND DEscRlBED IN DEED TO MC MlLLIN
DEVELOPMENT, INC., RECORDED DECEMBER 29, 1983 AS FILE NO. 83475914 OF OFFICIAL
RECORDS, BEING A POINT ON THE ARC OF A 470 FOOT RADIUS CURVE, CONdVE
NORTHWESTERLY, A RADIAL LINE OF SAID CURVE BEARS SOUTH 48"5610" EAST, (DEED
RECORD SOUTH 48'5330" EAST), TO SAID POINT; THENCE ALONG THE BOUNDARY LINE OF
SAID LAND NORTHEASTERLY ALONG THE ARC OF SAD CURVE, 78.16 FEET THROUGH AN
ANGLE OF OY31'42" TO A POINT OF COMPOUND CURVATURE WfTH A CURVE, HAVING A
RADIUS OF 25 FEm, THENCE NORTHERLY AND NORTHwEsTERlLY ALONG THE ARC OF
SAID CURVE, 38.64 FEET THROUGH AN ANGLE OF 82'32'59" TO A POINT OF REVERSED
CURVATURE WlTH A CURVE, HAVING A RADIUS OF 742 FEET, THENCE NORTHWESTERLY
ALONG THE ARC OF SAID CURVE, 171 -74 FEET, THROUGH AN ANGLE OF 13"15'39'' TO
BOUNDARY LINE OF RECORD OF SURVEY MAP NO. 9336 THENCE ALONG SAID BOWARY
LINE THEREOF AS FOLLOWS: THENCE NORTH 24'22'59" WEST, 710.52 FEET TO AN ANGLE
POINT "HEFGON; THENCE NORTH 24'25'15'' WEST, 1,805.09 THENCE NORTH 70'04'42"
EAST, 515.00 FEET; THENCE SOW 42'46'18" EAST 95.60 THENCE SOUTH 43°00100"
EAST, 380.00 FEET; THENCE SOUTH 03°30'00" EAST, 190.00 THENCE SOUTH 3lo30W"
EAST, 360.00 FEET, THENCE SOUTH 15°00'00" EAST, 140.00 m, THENCE LEAVING SAID
BOUNDARY SOUTH 28'37'41" EAST, 60.70 FTET TO AN ANGLE POINT IN SAD BOUNDARY;
THENCE ALONG SAID' BOUNDARY SOUTH 28O37'41" EAST, 482.64 FEET; THENCE SOUTH
02OS4'50" WEST, 350.00 FEET; THENCE SOUTH 17oaJ'lo" EAST, 430.00 FEm, THENCE SOUI'H
24'25'10" EAST, 430.00 FEET; THENCE SOUIH 48*05'12* EAST, 200.00 FEET; THEN- SOUTH
2495'10" EAST, 300.00 m, THENCE NORTH 59'09'50" EAST 587.00 m, THENCE NORTH
437616" EAST, 339.00 FBEI; THENCE SOUTH 79057'54" EAST, 7122 FEEl' To A POINT ON THE
ARC OF A 1,OOO FOOT RADIUS CURVE; CONCAVE my, A RADUU. LINE OF SAID
CURVE BEARS SOUTR 75"17'40" EAST TO SAID POINT, BEING A POINT ON TRE CEN'IER LINE
OF TAMARACK Am THENCE NORTHERLY ALONG THIi ARC OF SAB) CURVE, 581.64
FElX, THROUGIi AN ANGLE OF 33'19'32"; TKENCE TANGEM' TO SAD WVE NORTH
18'37'12" WE$l', 583.42 PEET TO AN ANGLE POW, THENCE LEAVINO 3- BOUNDARY
NORTH 18"37'12" 378.89 FEET To A TANGEN" 300 FOOT RAllltuS CUQ?k$ CONCAVE
WESTERLY; "X NORTHERLY ALONG THE ARC OF SAID CURVE, 78.73 THROUGH
AN ANGLE OF 15imrrl" TO SAD BOUNDARY LINE OF RECORD OF SUR.W MAP NO. 9336;
THENCE ALONG SAlD BOUNDARY NORTH 79' 14'50" EAST, 6 1 1.45 FXlX TO AN ANGLE POINT;
THENCE SOUTH 87"15'10" EAST, 77.00 FEET;. THENCE LEAVING SAID BmmY NORTH
04V1'32" EAST, 507.85 FEET TO A POINT IN SAID BOUNDARY- DISTAUC %'HBRlDN SOUTH
80"35'00" EAST, 92i5 FROM AN ANGLE POINT THEREON TH33pJcpI ALONG SAID
BOUNDARY ASFOWWS:
2475'10" EAST, 490BO FEET; 'IHENCE SOUTH 10'43Y)l" EAST, 257.35 FEET; THENCE- SOUTH
NORTH 8Oo35'0On WlBT, 92.15 FEET; THENCE NORTH 21°05'00n W&%, M&9# %El' TO THE
BEINNING OF A TANGENT 5O.M FOOT RADIUS CURVE, CONGAVE SWT#i5RLX THENCE
CLOCKWISE ALONGTHE ARC OF SlwD CURVE, THROUGH A ClNilUL ANGLE OF 129005'00",
A DISTANCE OF 112.65 m, THENCB TWM To SAD CURVE, SOUTH 72'00'00" EAST,
88.57 FEET TO THE BEGINMNG OF A TANGENT 50.00 Fotrr &$Urn CURVE, CONCAVE
NORTHERLY; THENCE C0IJNTERC-E AL,QNG THE AR(: OF SAID CURVE, THROUGH
A CENTRAL ANGLE OF 79"574!P, A Dm- OF 6938 FE" TO A POINT OF REVERSE
CURVATURE WITH A 2,000 FOOT RADlus CURVE, CONCAVE SOUTHEASTERLY, A RADIAL
LINE TO SAID POINT BEARS NORTH 61'57'49'' WEST, THENCE NORTHEASTERLY ALONG THE
ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 15'42'39", A DISTANCE OF 548.41
FEET TO A POINT IN THE ARC OF SAID CURVE, TO WHICH A RADIAL LINE BEARS NORTH
46'15'10" WEST; THENCE ALONG A NON-TANGENT LINE NORTH 59'51'57" EAST, 804.25 FEET;
THENCE NORTH 1327'33'' WEST, 360.00 TO THE NORTH LINE- OF SAID RECORD OF
SURVEY NO. 9336; THENCE NORTH 89'19'07'' EAST, 1,113.53 FEET; THENCE NORTH 89'19'35" EAST, 2,580.31 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM ALL THAT PORTION OF SAID LAND LYING WESTERLY OF THE
CENTERLINE OF TAMARACK AVENUE ABOVE REFERRED TO.
ALSO EXCEPTING THEREFROM THAT PORTION OF LOT D DESCRIBED AS FOLLOWS
BEGINNING AT A POINT ON THE CENTER LINE INTERSECTION OF ELM AVENUE AND COLLEGE BOULEVARD, SAID POINT BEING A POINT ON CURVE OF COLLEGE BOULEVARD
AM) HAVING A RADIUS OF 1,OOO FEET, CONCAVE EASTERLY, WITH A RADIAL LINE THAT
BEARS NORTH 73"51'53" WEST; "HENCE IN A NOR-Y DIRECTION ALONG THE
CENTER LINE OFSAlD CURVE AND COLLEGE BOULXVARD, ITBOUGH A CENT€ML ANGLE
OF 3"40'08", AN ARC DISTANCE OF 64.03 FEET, THENCE LEAVLNG SAID CENTER LINE OF
COLLEGE BOULEVARD ON A RADlAL LINE OF SAID CURVE, SOUTH 70'1 1'45" EAST, 51.00
FEETTOTHE~Y~G~OFWAYWNBOf~BO~V~ANDTOAPOINT OF INTERSECI'ION WITH THE NORTHERLY LINB OF "RAT aTAlN 30 FOOT WIDE SAN
DIEGO COUNTY WATER AWORlTY fiAsEMENlr RECXRDED ON fwNE 13,1979 AS FILE NO. 79-243270 OF OFFICIAL RECORDS AND QWTCUMED TO COSTA RBAL MUNICJPAL WATER
EASEMENT LINE BEARS SOUIT€ 7!P2926" WEST, SAID POWT OF -ON ALSO BEING THE TRUE POINTOFB$@NNIlUQ THENCE ALONO SAD RIGHT OF WAY &#NE OF COLLEGE
BOULEVARD IN A NOR-Y DIREcf;IoN ALONG A 949 FOOT WlUS CURVE,
CONCAVE l2ASBkLY, THROUGH A CENTRAL ANGLE OF 7°50fSs", AN DISTANCE OF
130.00 FEET; THEiNcE LEAVING SAID RIGHT OF WAY LINE ON A RADIAL &WE OF SADD
CURVE, SOWIR W2VSO" BAST, 70.00 FEET; THENCE SOUTH 10°30'34* 3!AST, a.f4 FEET TO A
POINT ON naS NQ.WHEUY LINE OF SAlD CERTAIN 30.00 FOOT WID3 m; THENCE
ALONG THE NKIR;THERL;Y LINE OF SAID CERTAIN 30.00 FOOT WIDE EASE&#BNT SOUTH
799926' WEST, 128.12 FEET TO THE TRUE POINT OF BEGINNING,AS WNVEYf3D TO COSTA REAZ. MUNICPa WATER DISTRICT BY DEED RECORDED N0V"BER 23, I982 AS-FILE NO.
82-362092 AND RERECURDED MARCH 30, 1983 AS FILE NO. 83-099713, BOTH OF OFFICIAL RECORDS.
DISTRICT ON JULY 19,19&2 AS FILE NO. 82-220671 OF OFFICUU. SAID NORTHERLY
ALSOMCElPIWGTHAT~~ONOFLOTDDBSCRlBEDASFO~~
COMMENCING AT pQLN"1: NO. 5 OF LOT "D" AS SHOWN ON $AB, PAR" MAP NO. 823;
THENCENORTH 13W" WEgf, 1,079. 541.71 FEET
TOTHEWESTERLYC~OFwujD MuNImAL WATER DISTRICI' RECORDED JANWARY 9, 1961 AS FILE FFICML RECORDS;
THENCE SOUTH 72W6'54" EW", 145.14 FEIc?r TO THE CORNER OF SAID
CARtSBAD MUNICIPAL WATER DISTMX LAND, SE';riwo A ON A 122.50 FOOT RADIUS CURVE, CONCAVE NORl"ESTERLY9 A RAJXAL LWE TO SAID POINT BEARS SOUTH
12°1000" EAST, AND BEING ALSO THE. TRUE POINT OF BEGINNING; THENCE
S0WHWJZSTERL.Y ALONG SAID CURIE, A CENTML ANGLE OF 05"54'43", AN ARC DISTANCE
OF 12.64 FEET, THENCE TANGENT TO SAID CURVE, SOUTH 83O44'43" WEST, 63.67 FEET 'I'O THE BEGINNING OF A TANGENT 20.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY;
THENCE NORTHWESTERLY ALONG SAlD CURVE, THROUGH A CENTWU ANGLE OF
74O20'09", AN ARC DISTANCE OF 25.95 FEET TO THE BEGINNING OF A REVERSE 130.00 FOOT
RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG SAID
CURVE, THROUGH A CENTRAL ANGLE OF 18°49'51", AN ARC DISTANCE OF 42.73 FEET TO
THE BEGINNING OF A REVERSE 122.50 FOOT RADIUS CURVE; THENCE CLOCKWISE ALONG
SAID CURVE, THROUGH A CENTRAL ANGLE OF 298"35'00" AN ARC DISTlWCE OF 638.38 TO THE TRUE POINT OF BEGINNING, AS CONVEYED TO COSTA REAL "CIPAL WATER
DISTRICT BY DEED RECORDED MAY 18,1984 AS FILE NO. 84-186998 OF OFFICIAL RECORDS.
ALSO EXCEPTING THATPORTION OF LOT J DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHEASTERLY CORNER OF CARLSBAD NO. 81-47 IN
SAID CIlY AESD STATE ACCORDING TO MAP THEREOF NO. 10565, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JANUARY 17,1983; ?HENCE SOUTH
69028'42" WESI', 754.99 FEE" (RECORD 754.89 FEET PER MAP NO. 10565) ALONG THE
NORTHERLY SUBDIVISION BOUNDARY OF SAID TRACI' NO. 8147 TO THE MOST
NOR-Y CORNER OF SAID TRACT NO. 81-47, SAID POINT BEING ON THE CENTER
LINE OF GLASGOW DRIVE AS DEDlcATED TO THE PUBLIC PER MAP NO. 10565; THENCE
CONTINUING SOUTH 69"28'42" m, 30.02 FEFT To THE WESTERLY LINE OF GLASGOW DRIVE; 'IXENCE ALONG 'IHB EAfXJBLY LIM3 OF AN EASEMENT FOR PUBLIC ROADWAY
PURPOSES PER DOCWBW' RECORDED FEBRUARY 26, 1986 As FILE NO. 86-075424 OF
OFFICIAL RECORDS, NORTH 18°3T12" WEST, 460.04 F6a TO TIOB TRUE POINT OF
BEGINNING; THENCB LEAVING SAID WESTERLY LIN8 SOUTH 71@22'46* WEST, 130.00 FEET;
THENCE NORTH 180317'12" m, 150.00 FEeT TO THB SOUTEIERCY Ll[NB OF SAID WEMENT
FOR PUBLIC ROADWAY puRposES PER DoW" RECORDED FEEBRUARY 26,1986 AS FILE
NO. 86-075424 OF OFFICIAC. RECORDS; THENCE ALONG SAID SOUTHERLY WNE, NORTH
71°22'48" EAST, 105.00 FEE'r TO THE BEGINNING OF A TANGWI' CURVE, CONCAVE
SO-Y AND HAVING A RADIUS OF 25.00 FEET; THEiNQE IUm-Y, E-Y ANDSOUTHEASTERLY ALONG THE ARC OF SAID CURVE, TMRcwGlcf A CENIRAL
ANGLE OF 90"OOn, 39.27 FEm, THENCE ALONG THE WESTERLY LW OF SAXD EASEMENT FOR PUBLIC ROADWAY PURPOSES PER,DOCN"I' RECORDED FEBRUARY 26,1986 AS FILE
NO. 86-075424 OF 0Fl;ICIAL RECORDS SOUTH 18"37'12" M, 125.00 PBET r0 THE "RUE
POlNT OFB~~.
BEGJNNTNG AT TNEi MOST NORTHEASTERLY CORNER OF C- TRAer NO. 81-47 IN
SAID CITY AND STATE, ACCWXNNG TO MAP THEREOF NO. 10565, mLE19 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COuplrry ON JWARY 17,1983; THENCE SOUTH
6998'42" WEST, 754.99 FBET (RECORD 754.89 FEET PER MAP NO. '10565) ALONG THE
NORTHERLY SUBDMSKW BOUEIDARY OF SAID TRACT No, 8147 TO THE MOST NOR-Y CORNER OF SAID TRACT NO. 8147, SAID IWWT BEING ON THE CEN'TER
LINE OF GLASGOW DRIVE, AS DBDICATED TO THE puB;aac lyER MAP NO. 10565; THENCE
CONTINUING SOUTH 69'28'42'' WEB", 30.02 FET3l' TO VIE WESIEIUY LINE OF GLASGOW
DRIVE, THE TRUE POINT OF BEGINNING, THENCE CONTINUING SOUTH 6928'42" WEST,
623.26 FEET TO A POINT ON THE EASTERLY LINE OF AN EASEMENT FOR PUBLIC ROADWAY
RECORDS, SAID POINT BEING ON A CURVE, CONCAVE WESTERLY AND HAVING A RADIUS
OF 1,042.00 FEET, A RADIAL LN 'TO SAID POINT BEARS SOUTH 85'33'46" EAST, THENCE
NORTHWESTERLY ALONG SAID EASTERLY LINE OF TAMARACK AVENUE ALONG THE ARC
OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 23"0326", 419.33 FEET; THENCE NORTH
1 8"37'12" WEST, 197.62 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE
SOUTHEASTERLY AND HAVING A RADIUS OF 25.00 FEET; THENCE NORTHWESTERLY,
NORTHERLY AND NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE OF 90'00'00", 39.27 FEET; THENCE ALONG THE SOUTHERLY LINE OF AN EASEMENT FOR PUBLIC ROADWAY PURPOSES PER "ENT RECORDED FEBRUARY 26,
PURPOSES PER. DOCUMENT RECORDED JULY 24, 1985 AS FILE NO. 85-263533 OF OFFICIAL
1986 AS FEE NO. 86-075424 OF omrcm RECORDS NORTH 71022~~ EAST, 384.68 FEET,
THENCE LEAVING SAID SOUTHERLY LINE SOUTH 18O37'12" EAST, 150.00 FEET; THENCE
NORTH 71022'48'' EAST, 130.00 FEET TO THE WESTERLY LINE OF SAID EASEMENT FOR
PUB= ROADWAY PuRPOSES PER DOCUMENT RECORDED FEBRUARY 26,1986 AS FILE NO.
86475424 OF OFFICIAL RECORDS; THENCE ALONG SAlD WESIERLY LINE, SOUTH 18'37'1T
EAST, 460.04 FEET TO THE TRUE POINT OF BEGINNING.
ALSO EXCEPTING THOSE PORTIONS OF LOTS "Dn AND "JIB DESCRIBED AS FOUOWS:
BEGINNING AT AN ANGJX POINT JN THE BOUNDARY OF RECORD OF SURVEY MAP NO. 9336, FILEDINTHEOFFICEOF~~~~OFSANlllEGOCOUNI"Y,BEINGTHE
NORTHERLY TERMINUS OF THAT ~~ COfTRsB SHOWN AS NORTH 29040'59" EAST,
420.00 FEET AND THE CENl'ER LWB OF PROPOSBD COLLEGE BOULEVARD
AsSHOwNONS~OQF3oFSAIDREcoRDOFsuRvEy~M).9335;THENcESOuIH
29'4039" WEST, ALxlNo THe BouMaARY OF SAID REC0I;u) OF SlJRVBY NO. 9336 AND ITS S0"IERLY PR~GA~, A DLFTANCB OP 586.52 FEET TO TI38 BSINNING OF A
TANGm I,OOO.oO FOCYT RADlUS CURVE, CQNCAVE SBEFTHEAsIpEUIy; THENCE
13032'52", A DIIs"FANcE OF 236.45 FEET; THENCE LEAVING. SAID CURVE NORTH 73'51'53"
155.70 FEET TO THE BEGINNING OF A TANGENT 1,OOO.OO FOOT MlWS ~~ CONCAVE
SOUTHERLX "HWCB WESTERLY ALONG THE ARC OF SAID CURW, THROUGH A CENTRAL
ANGLE OF 343!Yf!P, A PISTANCE OF 606.59 THENCE SOUTH 71O22'48" WEST, 825.88
FEET;. Tf-IENCE .AT RtGHf ANGLIS NORTH 18O37'12" WEST, A DfsTANcE OF W.@ FEET TO THE BEGJNNWG OF A TANGENT 300.00 FOOT RADIUS CURVE, CXXUtXVi$ -X
THENCE NORTHERLY ALONG TM3. ARC OF SAID CURVIE, TBROUGH A €XZMIRU ANGLE OF
TANGENT LINE WRTH 7901450" EAST, 611.50 THENCE SQViB g7615*10* EAST, 77.00
FEET; THENCE NoRllH a4001-3P EAST, A DISTANCE OF 507.85 Tb TtJaE 1&ouMIARY OF
SAID RECORD OF SURVEY MAP NO. 9336; "HENCE SOUTH W35W'. @W?, ALONG SAlD
BOUNDARY, A DXSTANCE OF 1,147.85 FEET AND SOUTH 59WP50" BAST, 373.81 FEET TO THE POm OF BEGINNING. ' '
SOuTHwEsTERtY AM)EJG THE ARC OF SAID CURVE, THROUGH A ANGLE OF
WEST, MONO TBl9 PROLONGATION OF A RADYU. LINE TO 8D WVE, A BBTANCE OF
15O04'39", A DETM OF 78.95 THENCE LEAW SAID CURVE mNG A. NON-
ALSO EXCEPTING THEREFROM THAT PORTEON LYING WlTHW ACL OF PARCEL MAP NO.
16233, IN THE CITY OF CARLSBAI3, COUNTY OF SAN DIEXX), STATE OF CALIFORNIA, FILFiD
IN THE OFFICE OF THE COUNTY RECORDER OF SAP4 DIEGO COUNTY, SEF"BER 21,1990 AS FILE NO. 90-5 I 847 1 OF OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM ALL OF CARLSBAD TRAGI' NO. 83-32, CALAWRA HIUS
VILLAGE Q, IN THE ClTY OF CARLSBAD, COW OF SAN DIEGO, SATE OF CALIFORMA,
ACCORDING TO MAP THEREOF NO. 12950, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JLKY 16,1992.
ALSO EXCEPTING THEREFROM ALL OF CARLSBAD TRACT NO. 83-19, CALAVERA HILLS
VILLAGE T, XN THE ClTY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP TKEREOF NO. 12951, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SANDEGO COUNTY, JULY 16,1992.
INCLUDING lN SAJD EXCEPTION OF MAP NO. 12951 THAT CERTAIN REMAIMlER PARCEL
SHOWN -OM As SHOWN AND DESCRIBED IN THE CERTIFICATE OF COMPLIANCE
RECORDJZD SEPTEMBER 20,2001 AS FILE NO. 2000-0503706 OF OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM THE "REMAINDER PARCEL" WHICH LIES NORTHERLY OF
TAMARAclt AVENUE AS WOWN ON CARLSBAD TRACT NO. 83-32. CALAVEM HILLS VILLAGE Q, ACCORDIN0 TO MAP THEREOF NO, 12950, FILED 1[N THE OFFKE OF THE
COUNTY RECORDER OF SAN DIEGO couNI"y, NLY 16,1992.
PARCrn2:
THOSE PORTIONS OF LOTS "Dl' AND "J" OF RANCXO AGUA HEDIOlUD& DJ THE Cl"Y OF CARCSBAD, ACOORDING TD MAP THEREOF NO. 823, FILED IN THE OpFlCB OF I'HE COUNTY
RECORDER OF !JAN RIE(i0 COUNTY, STATE OF CALIFORNXA, BEING MORE PdaflcuLARLY DESCRIBED AS FOLLOW!S:
BEGINNING AT AN ANGkE POINT IN THE BOUNDARY OF RECORD OF SURVEY MAP NO. 9336,
FILED IN THB OFFICE OF THE COUNTY RECORDER OF SAN DXEGO ~~, BEING THE
NORTHERLY OF THAT CERTAIN COURSE SHOWN AS EooRTfL WW59" EAST,
420.00 FEET W-0 THE CENTER LINE OF PRopOSED BW'LEVARD
SOUTH 29O40'5P.%@ST, AfXlNG'm BOUNDARY OF SAID RECORD OF
ITS SOUTHWE~Y~OLONGA~N, A DISTANCE OF 586.52 FwBT T6
A TNGm l,ooO.OO FOO'T RADIUS CURVE, CONCAVE 'x THENCE
SOUTHWESTERLY ACONO THE ARC OF SAID CURVE, ~~ ANGLE OF
1372'52", A DISTANCE DF 236.45 FEET; THQIJCE I.EAV"3 SAID €XlWJ, NORTH 73O51.53"
WEST, ALONG THE PRo6x)N%ATfON OF A RaDfAL WNE TO SAlD CURVE, A DLSTANCE! OF
155.70 FEET' TO THE BEGlwMNG OF A TANGENT X,OOO.OO FOOT WKJS CURVE, CONCAVE
SOUTHERLY; THENCE WE!XERLY AWffi THE ARCOF SAID CURVE, THROUGH A CENTRAL
ANGLE OF 34'59'19", A DISTANCE OF 666.59 FE;ET, THLSNCE SOUTH 71'22'48" WEST, 825.88
FEET; THENCE AT RIGHT ANGLES, NORTH 18'37'12" WEST, A DISTANCE OF 688.69 FEET TO THE BEGINNING OF A TANGENT 300.00 FOOT RADnrS CURVE, CONCAVE WESTERLY;
THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENlXAL ANGLE .OF
TANGENT LINE NORTH 79"14'50" EAST, 61 1.50 FEET; THENCE SOUTH 87°15'10" EAST, 77.00
FEET; THENCE NORTH W"01'32" EAST, A DISTANCE OF 507.85 FEET TO THE BOUNDARY OF
SAD RECORD OF SURW MAP NO. 9336; THENCE SOUTH 8Oo35W" EAST, ALONG SAID
BOUNDARY, A DISTANCE OF 1,147.85 FEET AND SOUTH 59'02'50'' EAST, 373.81 FEET TO THE POINT OF BEGINNING.
15"04'39", A DISTANCE OF 78.95 FEET; THEN- LEAVING SAlD CURVE, ALONG A NON-
PARCEL 3:
THE 'XEMAINDER PARCEL" WHICH LIES NORTHERLY OF TAMARACK AVENUE AS
MAP THEREOF NO. 12950, FILED IN THE OFFICE OF THE FOUNTY RECORDER OF SAN
DIEGO COUNTY, JULY 16,1992.
SHOWN ON CARLSBAD TRACT NO. 83-32, CALAVERA HIUS VlLLAGE Q, ACCORDING "0