HomeMy WebLinkAboutCT 00-02; Calavera Hills II LLC; 2002-1155695; Hold Harmless Agreement/Release.. .’
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OFFICIAL RECORDS SCIN DIEGO WUNTY RECORDER’S OFFICE GREGORY J. S#ITH, COUNTY RECORDER FEES: 0.00
RECORDING REQUESTED BY
WHEN RECORDED MAILTO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
SPACE ABOVE THIS LINE FOR RECORDERS USE
ASSESSOR’S PARCEL NO.:
167-1 01 -28-00,168-040-29-00,168-041-03-00, 168-041 -04-00,168-041-06-00,168-041-07-00, 168-041-IO-00,168-041-11-00, 168-050-27-00, 168-28049-00,208-101-05-00
PROJECT NO. & NAME: CT 00-02
Calavera Hills Phase II
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City’s approval of a drainage 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 404-7B) for development to occur on property described as attached Exhibit “A, (I)We,
Calavera Hills II LLC, a California Limited Liability Company, the owners of said property
promise to indemnify and to hold the City of Carlsbad, its officers, agents and employees
harmless from liability for injuries to persons, or damage to or taking of property, directly or
indirectly caused by the diversion of waters, the alteration of the normal flow of surface waters
or drainage, or the concentration of surface waters or drainage from the drainage system or
other improvements identified in the approved plans; or by the design, construction or
maintenance of the drainage system or other improvements identified in the approved plans.
Approval of the plans by the City shall not constitute an assumption by the City of any
responsibility for such damage or taking. City shall not be an insurer or surety for the design or
construction of the improvements pursuant to the approved plans, nor shall any officer or
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HYDevelopment ServiceslMasterslBonds & AgreeemntslHold Harmless Agreement Drainage Rev. 12/06/98
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.
It is further agreed that the above owner@) will maintain all drainage systems to insure a
free flow to a satisfactory point of discharge unless said systems are accepted as public
facilities.
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 &#@E% ,20 0%.
PROPERTY OWNERS
Calavera Hills II LLC, a California Limited Liability Company
By: McMillin Companies LLC, a Delaware Limited Liability
Company, Its Managing Member
(Sign Here) /
Don Mitchell, Vice President
(Print Name and Title)
Date: c
By:
(Sign Kere) ” -
Brian Milich, Senior Vice President
(Print Name and Title)
Date:
(Proper 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(s)
signing to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL City Attorney
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H:/Development Services/Masters/Bonds & Agreeemts/Hold Hadess Agreement Dramage Rev. 12/08/98
State of California ) 1 County of San Diego 1
On CY- qTlomefore me,E I )JZ - Bveid ,l~~~~ PGl(c ,
(Date) ’ (Namg Title of Officer)
personally appeared MI"^ + &\an I”/ihCC,
(Name[s] of Signer[s])
,*;pl(personally known to me -OR - 0
(proved to me on the basis of satisfactory evidence) to be the person(s) whose name@)
is/are 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(s), or entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal
!-hu
kigdure of Notary
(This area for
official notary seal)
Title or Type of Document J” x -d \wh W6 240 -4
Date of No. of Pages
u
Document q ,2032
Signer(s) other than named above
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H:IDevelopment Setvcies/Masters/Bonds 8 AgreemenWHold Harmless 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:
PARCEX 1:
BEING A SUBDIVISION OF A PORTION OF LOT "D", "E" AND "I" OF THE RANCHO AGUA
HEDIONDA, IN THE ClTY OF CARLSBAD, c0UNI"y OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO THE PARTITION MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY ON NOVEMBER 16,1896, DESCRIBED AS FOUOWS
BEGINNING AT THE NORTHEASTERLY CORNER OF THE 493.70 ACRE OF PARCEL OF LAND AS SHOWN ON RECORD OF SURVEY MAP NO. 9336, FILED IN THE OFFICE OF SAID COUNTY
RECORDER, BEING THE NORTHERLY TERMINUS OF THAT CERTAIN COURSE SHOWN
THEREON AS NORTH 01'57'58" EAST, 610.78 FEET, THENCE ALONG THE BOUNDARY OF SAID
RECORD OF SURVEY NO. 9336 THE FOLLOWING COURSES:
SOUTH 01'57'58" WEST, 610.78 FEET; THENCE NORTH 14"20'05" WEST, 173.76 FEET; THENCE
SOUTH 55'38'49" WFST, 223.72 FEET; THENCE SOUTH 06O47'57" WEST, 453.91 FEET; THENCE
SOUTH 23'20'39'' WEST, 178.18 FEm, THENCE SOUTH 67O30'58" WEST, 104.71 FEm, THENCE
SOUTH 06'54'33" WEST, 213.56 FEET; THENCE SOUTH 35O11'39" WEST, 151.59 FEm, THENCE
NORTH 72022'13" WEST, 179.56 FEET; THENCE NORTH 59'4828" WEST 130.94 FEET; THENCE
NORTH 10'725'27'' WEST, 66.69 m, THENCE NORTH 79"4294". WEST, 118.91 FEET; THENCE
NORTH 43'09'17" WEST, 153.79 THENCE NORTH 81'24'19" WEST, 96.93 FEET; THENCE
SOUTH 07'4028" WEST, 190.85 FEET; THENCE SOUTH 08'2437" EAST, 203.13 FEET, THENCE
SOUTH 28'2828" EAST, 327.62 FEm, THENCE SOUTH 13'32'3 1" WEST, 98.52 Em, THENCE
SOUTH 59'2558" WEST, 133.58 FEET; THENCE SOUk 15O38'47" WEST, 352.73 FEET THENCE
SOUTH 57'48'41" EAST, 56.66 FEm, THENCE SOUTH W21'43" WEST, 2,179.75 Em, THENCE
NORTH 89'36'10" WEST, 265.41 FEET, THENCE SOUTH 0 1°15'40" WEST, 150.3 1 FEET; THENCE
SOUTH 09'46'52" WEST, 112.81 I.'EET; THENCE SOUTH 20'51'39'' WEST, 126.01 FEETl "HENCE
SOUTH 14"46'34" WEST, 57.07 FEET; THENCE SOUTH 07'13'08'' WEST, 135.35 FEET, &CE
SOUTH 11O37'59" WEST, 65.22 FEET; THENCE SOUTH 14'43'11" WEST, 159.95 FEET; THENCE
SOUTH 21'3729" WEST, 190.15 FEm, THENCE SOUTH 13'43'44'' WEST, 781.93 FEm, THENCE
NORTH 89"25'15" WEST, 2,080.35 FEFX TO THE SOUTHEAST CORNER OF LOT 140 OF
FlLED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DECEMBER 16,1980;
THENCE CONTINUJNG 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 Em, THENCE
SOUTH 78'12'06" EAST, 319.76 FEET; WCE SOUTH 48'43'39" EAST, 335.00. FEET,
NORTH 48O4621" EAST, 250.00 FEET; THENCX SOUTH 81"13'39" EAST, 210.00 FEET, THENCE
NORTH 08'4621" EAST, 980.00 FEET, THENCE NORTH 24'13'39" WEST, 770.00 FEET TO A
TANGENT 1,000 FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE NORTHERLY ALONG
THE ARC OF SAID CURVE, 301.73 FEETTHROUGH AN ANGLE OF 17'17'17''; THENCE LEAVING
SAlD CURVE SOUTH 69"28'42" WEST, 1,408.19 FEET TO A POINT ON THE ARC OF A 1,042 FOOT
RADIUS CURVE, CONCAVE NORTHWESTERLY ON THE EASTERLY LINE OF TAMARACK
AVENUE, A RADIAL LINE OF SAID CURVE BEARS SOUTH 85'33'46" EAST, TO SAID POINT; THENCE SOUTKWESTERLY ALONG THE ARC OF SAID CURVE, 186.74 FEET, THROUGH AN
ANGLE OF 10" 16'04"; THENCE TANGENT TO SAID CURVE SOUIX 14'4220" WEST, 13 8.62 FEET
TO A TANGENT 642 FOOT RADIUS CURVE, CONCAVE NOR-% THENCE
SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, 249.81 FEE" THROUGH AN ANGLE OF
22O17'40"; THENCE TANGENT TO SAlD CURVE, SOUTH 37°00'00'' WEST, '702.00 FEET TO A
TANGFlW 958 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERCY; THENCE
SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, 264.04 FEET THROUGH AN ANGLE OF
15O47'30"; THENCE TANGINT TO SAID CURVE SOVI'H, 21'12'30" WEST, 45594 FEET; THENCE
NORTH 00'3638" EAST, 944.30 FEm THENCE NORTH 89'25'06" WEST, 300.33 FEET; THENCE
SOUTH OO"34'54" WEST, 660.00 FEET; THENCE NORTH 89"25'06'' WEST 317.29, FlEET; THENCE
NORTH 00'3522" EAIFT, 987.58 FEET; THENCE NORTH 24O22'59" WEST, 517.37 FEET TO THE
SOUTHEAST CORNER OF THE LAND DESCRIBED IN DEED TO CEDRIC E. SANDERS, RECORDED DECEMBER 29, 1983 AS FILE NO. 83475916 OF OFFICIAL RECORDS; THENCE
ALONG THE BOUNDARY LINE OF SAID LAND AS FOLLOWS:
SOUTH 82'57'05" WEST, RECORD SOUTH 82'59'47" WEST, 70.00 FEm THENCE NORTH 24'22'59"
WEST, RECORD NORTH 24'20'17'' WEST, 95.00 FEm, THENCE NORTH 05"(12'00" WEST, RECORD
NORTH 04'59'18" WEST, 28.72 FEET TO A TANGENT 150 FOOT RADXUS CURVE, CONCAVE
SOUTHWESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, 114.94 FEET
THROUGH AN ANGLE OF 4394'14"; THENCE TANGFWT TO SAID CURVE, NORTH 48'56'14"
WEST, RECORD NORTH 48'53'30" WEST, 22.76 FEET,,THENCE NORTH 41"03'39" EAST, RECORD
NORTH 41'06'30" EAST, 79.00 FEET TO SAID BOUNDARY LINE OF RECORD OF SURVEY MAP
NO. 9336; THENCX ALONG SAID LINE NORTH 24'2259' WEST, 66.33 FEET TO AN ANGIE
POINT ON THE SOUTHWESTERLY LINE OF THE LAND DESCRIBED IN DEED TO MC MILLIN
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, CONCAVE
NORTHWESTERLY, A RADIAL LINE OF SAID CURVE BEARS SOUTH 48'56'10" EAST, (DEED
RECORD SOUTH 48'33'30" EAST), TO SAID POINT, THENCE ALONG THE BOUNDARY LINE OF
SAID LAND NORTHEASTERLY ALONG THE ARC OF SAID CURVE, 78.16 FEET THROUGH AN
ANGLE OF OY31'42'' TO A POINT OF COMPOUND CURVATURE WITH A CURVE, HAVING A
RADIUS OF 25 FEm, THENCE NORTHERLY AND NORTHWESTERLY ALONG THE ARC OF
SAID CURVE, 38.64 FEET THROUGH AN ANGLE OF 82'32'59'' TO A POWT OF REVEWED
CURVATURE WITH A CURVE, HAVING A RADIUS OF 742 FEET; THENCE NORTHWESTERLY
ALONG THE ARC OF SAID CURVE, 171 -74 FEET, THROUGH AN ANGLE OF 13O15'39'' TO
BOUNDARY LINE OF RECORD OF SURVEY MAP NO. 9336; THENCE ALONG SAID BOUNDARY
LINE THEREOF AS FOLLOWS: THENCE NORTH 24'22'59" WEST, 710.52 FEET TO AN ANGLE
POINT THEREON THENCE NORTH 24'25'15" WEST, 1,805.09 FEET; THENCE NORTH 70'04'42" EAST, 515.00 FEET; THENCE SOUTH 42'46'18" EAST 95.60 m, THENCE SOUTH 43'00'00"
EAST, 380.00 FEET; THENCE SOUTH 03'30'00" EAST, 190.00 m, THENCE SOUTH 3lo30W"
EAST, 360.00 FEET; THENCE SOUTH 15'00'00" EAST, 140.00 FEET; THENCE LEAVING SAID
BOUNDARY SOUTH 28'37'41" EAST, 60.70 FEET TO AN ANGLE POINT IN SAID BOUNDARY
THENCE ALONG SAID BOUNDARY SOUTH 28'37'41'' EAST, 482.64 FEET; THENCE SOUTH
02'54'50" WEST, 350.00 FEET; THENCE SOUTH 1725'10" EAST, 430.00 FEET; THENCE SOUTH
24'25'10" EAST, 430xw) FEET; THENCE SOW 48'05'12" EAST, 200.00 FEET; THENCE SOUTH
2475'10" EAST, 300.00 FEET; THENCE NORTH 59'09'50" EAST 587.00 FEET; THENCE NORTH
4376'16" EAST, 339.00 FEET; THENCE SOUTH 79'57'54" EAST, 71.22 FEET TO A POINT ON THE
ARC OF A 1,000 FOOT RADIUS CURVE, CONCAVE WESTElU+Y, A RADIAL LINE OF SAID
CURVE BEARS S0UiT-I 75'17'40'' EAST TO SAID POINT, BEING A POINT ON THE CENTER LINE
OF TAUARACK AVENUE; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, 581.64
FEET, THROUGH AN ANGLE OF 33'1932"; THENCE TANGW TO SAID CURVE NORTH
18'37'12" WEST, 583.42 FEET TO AN ANGLE POW THENCE LEAVING SAID BOUNDARY
NORTH 18"3712" WEST, 378.89 FEET TO A TANGENT 300 FOOT RADNS CURVE, CONCAVE
WESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, 78.73 FFXT THROUGH
AN ANGLE OF 15'02'11" TO SAID BOUNDARY LINE OF RECORD OF SURVEY MAP NO. 9336;
THENCE ALONG SAID BOUNDARY NORTH 79'14'50" EAST, 61 1.45 FEET TO AN ANGLE POINT;
THENCE SOUTH 87"15'10" EAST, 77.00 FEET;- THENCE LEAVING SAID BOUNDARY NORTH
04001'32" EAST, 507.85 FEE" TO A POINT IN SAID BOUNDARY DISTANT THEREON SOUTH
80035'00" EAST, 92.15 FEET FROM AN ANGLE POINT WON; THENCE ALONG SAID BOUNDARY AS FOLLOWS:
2495'10" EAST, 490.00 FEET; THENCE SOUTH 10°43'01" EAST, 257.35 FEET, THENCE- SOUTH
NORTH 80'35'00" WEST, 92.15 FEm THENCE NORTH 21"05'00'' WEST, 444.98 FEET TO THE
BEGINNING OF A TANGENT 50.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE
CLOCKWISE ALONGTHE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 129"05'00",
A DISTANCE OF 112.65 FEET, THENCE TANGENT TO SAID CURVE, SOUTH 72"OO'OO" EAST,
88.57 FEET TO THE BEGINNING OF A TANGENT 50.00 FOOT RADIUS CURVE, CONCAVE
NORTHERLY; THENCE COUNTERCLOCKWISE ALOHG THE ARC OF SAID CURVE, THROUGH
A CENTRAL ANGLE OF 79"57'49", A DISTANCE OF 69.78 FEET TO A POINT OF REVERSE CURVATURE WITH A 2,000 FOOT RADIUS 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 CENIIbU 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 NOfiTH
THENCE NORTH 13'27'33" WEST, 360.00 FEET TO THE NORTH LINE OF SAID RECORD OF
SURVEY NO. 9336; THENCE NORTH 89'19'07'' EAST, 1,113.53 FEET; THENCE NORTH 89O19'35"
EAST, 2,580.3 1 FEET TO THE POINT OF BEGINNING.
46O15'10" WEST; THENCE ALONG A NON-TANGENT LINE NORTH 59'51'57'' EAST, 804.25 FEET;
EXCEPTING THEREFROM ALL THAT PORTION OF SAID LAND LYING WESTERLY OF THE
CENTERLINEOFTAMARACKAVENUEABOVEREFERREDTO.
,
ALSO EXCEPTING THERETROM 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 AND HAVING A RADIUS OF 1,OOO FEET, CONCAVE EASTERLY, WlTH A RADIAL LINE THAT
BEARS NORTH 73O51'53" WEST; THENCE IN A NOR-Y DIRECTION ALONG THE
CENTER LINE OF SAID CURVE AND COLLEGE BOULEVARD, THROUGH A CENIWU. ANGLE
OF 3O40'08", AN ARC DISTANCE OF 64.03 FEET; THENCE LEAVING SAID CENTER LINE OF
COLLEGE BOULEVARD ON A RADIAL LINE OF SAID CURVE, SOUTH 70'1 1'45" EAST, 51 .OO FEET TO THE mY RIGHT OF WAY LINE OF COLLEGE BOULEVARD AND TO A POINT
OF INTERSECHON WITH THE NORTHERLY LINE OF THAT CERTAIN 30 FOOT WIDE SAN DIEGO COUNTY WATER AWTHORl'lY EASEMEMT RECORDED ON JUNE 13,1979 AS FILE NO.
79-243270 OF OFFICIAL RECORDS AND QWKLAMED TO COSTA REAL MUNICIPAL WATER DISTRICT ON JULY 19,1982 As FILE NO. 82-220671 OF OFFICIAL RECORDS. SAID NORTHERLY
EASEMENT LINE BEARS SOUTH 79029'26" WEST, SAID POJNI' OF SNTERSECTION ALSO BEING
THE TRUE POINT OF BEGINNING; THENCE ALONG SAID RIGHT OF WAY LINE OF COLLEGE
BOULEVARD IN A NORTHEASTERLY DIRECI'ION ALONG A pQ9 FOOT RADIUS CURVE,
CONCAVE EASTERLYs THROUGH A CENTRAL ANGLE OF 7050155", AN ARC DISTANCE OF
130.00 FEET; "HENCE LEAVING SAID RIGHT OF WAY LINE ON A WIAL LINE OF SAID
CURVE, SOUTH 62020'50" EAST, 70.00 FEET; THENCE SOUTH lO"30'34" EAST, 64.14 FEET To A POINT ON THE! NORTHElUY LINE OF SAID CERTAlN 30.00 FOOT WIDE EASEMENT; THENCE
ALONG THE NORTHERLY LINE OF SAID CERTAIN 30.00 FOOT WIDE EASEMENT SOUTH
7902926" WEST, 128.12 FEET TO THE TRUE POINT OF BEGINNING,AS CONVEYED TO COSTA
REAL MUNICIPAL WATER DISTRICT BY DEED RECORDED NOVEMBER 23,1982 ASSFILE NO.
82-362092 AM) RE-RECORDED MARCH 30, 1983 AS FILE NO. 83-099713, BOTH OF OFFICIAL
RECORDS.
ALSO EXCEPTING THAT PORTION OF LOT D DESCRIBED AS FOUOWS:
COMMENCING AT POINT NO. 5 OF LOT "D" AS SHOWN ON SAID PARTlTION MAP NO. 823;
THENCE NORTH 13O2735" WEST, 1,079.76 FEm, THENCE NORTH 76'3225" EAST, 541.71 FEET
TO THE WESTERLY CORNER OF LAM) DESCRlBED IN DEED TO THE CARISBAD MUNIClPAL
WATER DISTRICT RECORDED JANUARY 9, 1967 AS FILE NO. 2637 OF OFFICIAL WORDS;
THENCE SOUTH 72O06'54" EAST, 145.14 FEET TO THE SOUTHERL,Y CORNER OF SAID
CARLSBAD MUNICIPAL WATER DISTRICT LAND;, BmG A POINT ON A 122.50 FOOT RADIUS
CURVE, CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH
12°10'00" EAST, AND BEING ALSO THE TRUE POINT OF BEGINNING; THENCE
SOUTHWESTERLY ALONG SAID CURVE, A CENTRAL ANGLE OF 05'54'43'*, AN ARC DISTANCE
OF 12.64 FEET, THENCE TANGENT TO SAID CURVE, SOUTH 83O44'43" WEST, 63.67 FEET 'r0 THE BEGINNING OF A TANGENT 20.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY;
TXENCE NORTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF
74°20'09", 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"49'5l", 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 DISTANCE OF 638.38 TO
THE TRUE POINT OF BEGINNING, AS CONVEYED TO COSTA REAL MUNICIPAL WATER
DISTRICT BY DEED RECORDED MAY 18,1984 AS FILE NO. 84-1 86998 OF OFFICIAL RECORDS.
ALSO EXCEPTING THAT PORTION OF LOT J DESCRIBED AS FOLLOWS
BEGDW'MG AT THE MOST NORTHEASTERLY CORNER OF CARLSBAD TRACI' NO. 81-47 IN
SAID ClTY AND STATE ACCORDING TO MAP THEREOF NO. 10565, FILED IN THF'OJTICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JANUARY 17,1983; THENCE SOUTH
69"28'42" WEST, 754.99 FEET (RECORD 754.89 FEET PER MAP NO. 10565) ALONG THE
NOR-Y SUBDIVISION BOUNDARY OF SAID TRACT NO. 8147 TO THE MOST
NORTHWESTERLY CORNER OF SAID TRACT NO. 81-47, SAID POINT BEING ON THE CENTER
LINE OF GLASGOW DRTVE AS DEDICATED TO THE PUBLIC PER MAP NO. 10565; THENCE
CONTINUING SOUTH 69'28'42" WEST, 30.02 FEET TO THE WESTERLY LINE OF GLASGOW
DRIVE; THENCE ALONG THE EASTERLY LINE OF AN EASEMENT FOR PUBLIC ROADWAY
PURPOSES PER DOCUMEMT RECORDED FEBRUARY 26, 1986 AS FJLE NO. 86-075424 OF
OFFICIAL RECORDS, NORTH 18'3712" WEST, 460.04 FEET TO THE TRUE POINT OF
BmINNINQ THENCE LEAVING SAID WESTERLY LINE SOUTH 71"22'46" WEST, 130.00 FEET;
THENCE NORTH 18"37'12" WEST, 150.00 FEET TO THE SOUTHERLY LINE OF SAID EASEMENT
FOR PUBLIC ROADWAY PURPOSES PER DOCUMENT RECORDED FEBRUARY 26,1986 AS FILE
NO. 86-075424 OF OFFICIAL RECORDS; THENCE ALONG SAID SOUTHERLY Lm, NORTH
71'22'48" EAST, 105.00 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE
SOUTHWESTERLY AND HAVING A RADXUS OF 25.00 FEET; THENCE NORTHEASTERLY, EA!3TERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL
ANGLE OF 90'00'00", 39.27 FEm, THENCE ALONG THE WESTERLY LDE OF SAID EASEMENT
FOR PUBLIC ROADWAY PURPOSES PER.DOCUMENT RECORDED FEBRUARY 26,1986 AS FILE
NO. 86-075424 OF ,OFFICIAL RECORDS SOUTH 18O37'12" EAST, 125.00 FEET TO THE TRUE
POINT OF BEGINNING.
ALSO EXCEPTING THAT PORTION OF LOT J DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHEASTERLY CORNER OF CARLSBAD TRACT NO. 81-47 IN
SAID CITY AND STATE, ACCORDING TO MAP THEREOF NO. 10565, FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JANUARY 17,1983; THENCE SOUTH
69'28'42" WEST, 754.99 FEET (RECORD 754.89 FEET PER MAP NO. 10565) ALONG THE
NORTHERLY SUBDIVISION BOUNDARY OF SAID TRACT NO. 8147 TO THE MOST
NOR-Y CORNER OF SAlD TRACI' NO. 81-47, SAID POINT BEING ON THE CENTER LINE OF GLASGOW DRIVE, AS DEDICATED TO THE PUBLIC PER MAP NO. 10565; THENCE
CONTINUING SOUTH 69O28'42'' WEST, 30.02 FEET TO THE WESTERLY 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 RADWS
OF 1,042.00 FEET, A RADIAL LINE '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"03'26", 419.33 FEm THENCE NORTH
18'37'12" WEST, 197.62 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE
SOUTHEASERLY 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 DOCUMENT RECORDED FEBRUARY 26,
1986 AS FILE NO. 86-075424 OF OFFICIAL RECORDS NORTH 71"22'48" EAST, 384.68 FEET,
PURPOSES PER DOCUMENT RECORDED JULY 24, 1985 AS FILE NO. 85-263533 OF OFFICIAC
.. c.
THENCE LEAVING SAlD SOUTHERLY LINE SOUTH 18°3T12" EAST, 150.00 FEET; THENCE
NORTH 71022'48" EAST, 130.00 FEET TO THE WESTERLY LINE OF SAID EASEMENT FOR
PUBLIC ROADWAY PURPOSES PER -RECORDED FEBRUARY 26,1986 AS FILE NO.
86475424 OF OFFICIAL RECORDS; THENCE ALONG SAID WESTERLY LINE, SOUTH 18'3712"
EAST, 460.04 FEET TO ?HE TRUE POINT OF BEGINNING.
ALSO EXCEFTING THOSE PORTIONS OF LOTS "Dm AND "J" DESCRIBED AS FOLLOWS:
BEGINNING AT AN ANGLE POINT IN THE BOUNDARY OF RECORD OF SURVEY MAP NO. 9336, FILED IN THE OFFICE OF THE COUNN RECORDER OF SAN DIEGO COUNTY, BEING THE
NORTHERLY TERMIFRE OF THAT CERTAIN COURSE SHOW AS NORTH 29O40'59" EAST,
420.00 FEET AND REPRESENTING THE CENTER LINE OF PROPOSED COLLEGE BOULEVARD
AS SHOWN ON SHEEI' 2 OF 3 OF SAID RECORD OF SURVEY MAP NO. 9335; THENCE SOW
29'40'59" WEST, ALONG THE BOUNDARY OF SAID RECORD OF SURVEY NO. 9336 AND ITS
SOUTHWESTERLY PROLONGATION, A DISTANCE OF 586.52 FEET TO THE BEINNING OF A
TANGENT 1,OOO.OO FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE
SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF
13'32'52", A DISTANCE OF 236.45 FEm, THENCE LFiAVING SAID CURVE NORTH 73'51'53"
WE!3T, ALONG THE PROLONGATION OF A RADm LINE TO SAID CURVE, A DISTANCE OF
155.70 FEET TO THE BEGINNING OF A TANGENT 1,OOO.OO FOOT RADNS CURVE, CONCAVE
SOUTHERLY, THENCE lKEsTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENIML
ANGLE OF 34'59'19", A DISTANCE OF 606.59 FEET; THENCE SOUTH 71'22'48" WEST, 825.88
FEET; THENCE AT RIGHT ANGLES NORTH 18O37'12" WEST, A DISTANCE OF 688.69 FEET TO
THE BEGINNING OF A TANGJiNT 300.00 FOOT RADIUS CURVE, CONCAVE WESTERLx
THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTMI, ANGLE OF
15'04'39", A DISTANCE OF 78.95 FEET; THENCE LEAVING SAID CUkm ALONG A NON-
TANGW LINE NORTH 79'1450" EAST, 611.50 FEm, THENCE SOUTH 87"15'10" EAST, 77.00
FEET; THENCE NORTH 04'01'32" EAST, A DISTANCE OF 507.85 FEET TO THE BOUNDARY OF
SAID RECORD OF SURVEY MAP NO. 9336; THENCE SOUTH 80035'00" EAST, ALONG SAD
BOUNDARY, A DISTANCE OF 1,147.85 FEET AND SOUTH 59"02'50" EAST, 373.81 FEET TO THE
POINT OF BEGINNBIG.
ALSO EXCEPTING THEREFROM THAT FORTION LYING WlTHIN ALL OF PARCEL MAP NO.
16233, IN THE ClTY OF CARISBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED
IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEP"BER 21,1990
AS FILE NO. 90-5 1 847 1 OF OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM ALL OF CARLSBAD TRACT NO. 83-32, CALAVERA HILLS
VILLAGE Q, IN THE ClTY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 12950, FILJD IN THE OFFWE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, JULY 16,1992.
ALSO EXCEPTDIG THEREFROM ALL OF CARLSBAD TRACT NO. 83-19, CALAVERA HILLS
VILLAGE T, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP "EREOF NO. 12951, FEED IN THE OFFICE OF THE COUNTY
RECORDER OF SANDIEGO COUMY, JULY 16,1992.
INCLUDING IN SAID EXCEPTION OF MAP NO. 12951 THAT CERTAIN REMAINDER PARCEL,
SHOWN THEREFROM AS SHOWN AND DESCRJBED IN THE CERTIFICATE OF COMPLIANCE
RECORDED SEPTEMBER 20,2001 AS FILE NO. 2000-0503706 OF OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM THE "REMAINDER PARCEL" WHICH LIES NORTHERLY OF
VILLAGE Q, ACCORDING TO MAP THEREOF NO. 12950, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 16,1992.
TAMARACK AVENUE AS SHOWN ON CARLSBAD TRACT NO. 83-32, CALAWRA HIUS
PARCEL 2:
"HOSE PORTIONS OF LOTS "D" AND "J" OF RANCHO AGUA HEDIONDA, IN THE CITY OF
CARLSBAD, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF ?'HE COUNTY
RECORDER OF SAN DIEGO COUNW, STATE OF CALIFORNIA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT AN ANGLE POINT IN THE BOUNDARY OF RECORD OF SURVEY MAP NO. 9336, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, BEING THE
NORTHERLY TERMINUS OF THAT CERTAIN COURSE SHOWN As NORTH 29O40'59" EAST,
420.00 FEET AND REPRESENTING THE CENTER LINE OF PROPOSED COLLEGE BOULEVARD
AS SHOWN ON SHEET 2 OF 3 SHEETS OF SAID RECORD OF SURVEY MAP NO. 9336; THENCE
SOUTH 29"40'59".wEST, ALONG'THE BOUNDARY OF SAID RECORD OF SURVEY NO. 9336 AND
ITS SOUINWESTERLY PROLONGATION, A DISTANCE OF 586.52 FEET TO THE BEGINNING OF
A TANGENT 1,OOO.Oo FOOT RADIUS CURVE, CONCAVE S0-x THENCE'
SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF
13'32'52", A DISTANCE OF 236.45 FEET; THENCE LEAVING SAID CURVE, NORTH 73'51'53''
WEST, ALONG THE PROLONGATION OF A RADIAL+ LINE TO SAID CURVE, A DISTANCE OF
155.70 FEET TO THE BEGINNING OF A TANGENT 1,OOO.OO FOOT RADIUS CURVE, CONCAVE
ANGLE OF 34"59'19", A DISTANCE OF 606.59 FEm, THENCE 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 RADIUS CURVE, CONCAVE WESTERLX
THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE .OF
TANGENT LINE NORTH 79'14'50" EAST, 61 1 SO FEET; THENCE SOUTH 87"15'10" EAST, 77.00
FEET; THENCE NORTH 04'01'32" EAST, A DISTANCE OF 507.85 FEET TO THE BOUNDARY OF
SAID RECORD OF SURVEY MAP NO. 9336; THENCE SOUTH 80°35'00" 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.
SOUTHERLX THENCE WESTERLY ALONG THE ARCOF SAID CURVE, THROUGH A CENTRAL
15'04'39", A DISTANCE OF 78.95 FEET; THENCE LEAVING SAID CURVE, ALONG A NON-
PARCEL 3:
THE 'REMAINDER PARCEL" WHICH LIES NORTHERLY OF TAMARACK AVENUE AS
MAP THEREOF NO. 12950, FILED IN THE OFFICE OF THE FOUNTY RECORDER OF SAN DEGO COUNTY, JULY 16,1992.
SHOWN ON CARLSBAD TRACT NO. 83-32, CALAVERA HILLS VILLAGE Q, ACCORDING TO