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HomeMy WebLinkAboutCT 15-08; Grand Pacific Carlsbad, LP; 2016-0051992; Hold Harmless Agreement/Releaseoccurring during the construction work or improvements as specified in this agreement. It is further agreed that the above owner(s) 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. Ill /II Ill /II /II Ill /II /II /II Ill Ill /II /II /II /II Ill Ill Ill Ill Ill /II 2 IIFILES01V\Departments\CED\LandDev\PROJECTSICT\CT 15\CT 15-08 Carlsbad Ranch Phase 3-Rick\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE (DWG 428-9H).doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument thisJR~J-- day of ----'"""""-"1~::::;....;.....VUL;,.;....:...;;.CU'-j..:...r----' 20___.!.,_/,.1 k=-'---- OWNER(S) APPROVED AS TO FORM: CELIA BREWER City Attorney By~ RONKEMP Assistant City Attorney City of Carlsbad Grand Pacific Carlsbad, LP, a California limited partnership By: Grand Pacific Development, Inc., A California corporation, Its general partner By~re) Timothy J. Stripe, Co-President, Grand Pacific Development, Inc (Print Name and Title) Date: (Proper notarial acknowledgment of execution by owner(s) 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.) 3 \IFILES01V\Departments\CED\LandDev\PROJECTSICT\CT 15\CT 15-08 Carlsbad Ranch Phase 3-Rick\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE (DWG 428-9H).doc 01/25/13 EXHIBIT A (Continued) GUESTS, VISITORS, AGENTS, EMPLOYEES. STAFF MEMBERS, BUSINESS PATRONS, SERVICE PROVIDERS AND OTHER INVITEES OF THE HOTEL, RESTAURANT, AND CONFERENCE CENTER. PARCEL 4: TWO (2) PERMANENT AND NONEXCLUSIVE EASEMENTS FOR: (l) A PARKING EASEMENT IN, OVER, ACROSS, THROUGH, A't\'D ALONG THE PARKING LOT ON LOT 15 OF CITY OF CARLSBAD TRACT NO. 03-02, CARLSBAD RANCH HOTEL AND TIMESHARE CONDOMINIUMS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MA!' __ 11:lfEJ~.QE ;cc:_._,_,~-~'-·"-"'' FILED IN THE OFFICE OF THE COUNTY RECORDER ON MAY 3, 2006, FOR VEl-IICLE INGRESS AND EGRESS AND VEHICLE PARKING PURPOSES BY GUESTS, VISITORS, AGENTS, EMPLOYEES, STAFF MEMBERS, BUSINESS PATRONS, SERVICE PROVIDERS AND OTHER INVITEES OF THE HOTEL, RESTAURANT, AND CONFERENCE CENTER; AND (2) A PEDESTRIAN EASEMENT IN, OVER, ACROSS, THROUGH, AND ALONG THE PARKING LOT AND WALKWAY AREAS Of SAlD LOT J 5 ABOVE FOR PEDESTRIAN INGRESS AND EGRESS TO THE ENTRANCE GATE ("BACKGATE") TO THE LEGOLAND CALIFORNIA THEME PARK BY GUESTS AND VISITORS. PARCEL 5: TWO (2) PERMANENT AND NONEXCLUSIVE EASEMENTS FOR: (I) A TEMPORARY EASEMENT IN, OVER, ACROSS, THROUGH, AND ALONG LOTS 2, 3, I 1, 12, 13, AND 16 OF CITY OF CARLSBAD TRACT NO. 03-02, CARLSBAD RANCH HOTEL AND TIMESHARE CONDOMINIUMS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO '""·-'"'-·"-·-• .... c, ... , ..... =.o .. ~c.: ..... •.. : .•. :: .... · ...... : .... o: .•• :==• FILED IN THE OFFICE OF THE COUNTY RECORDER ON MAY 3, 2006, JN CONNECTION WITH THE CONSTRUCTION OF THE HOTEL, RESTAURANT, AND CONFERENCE CENTER, FOR THE PURPOSE OF AUTHORIZING INCIDENTAL ENCROACHMENTS WHICH MAY OCCUR AS A RESULT OF THE USE OF LADDERS, SCAFFOLDING, SHEDS AND SIMILAR FACILITIES OR STRUCTURES RESULTING TN TEMPORARY OBSTRUCTIONS UPON PORTIONS OF SAID LOTS 2, 3, II, 12, J 3, AND 16 ABOVE, SO LONG AS SUCH USE IS KEPT WITHIN THE REASONABLE REQUIREMENTS OF CONSTRUCTION WORK EXPEDITJOUSL Y PURSUED, AND PROVID.ED SUCH TEMPORARY OBSTRUCTIONS ARE PROMPTLY REMOVED FOLLOWING COMPLETION OF SUCH CONSTRUCTION: AND (IJ) AN EASEMENT TN, OVER, UNDER, ACROSS, THROUGH, AND ALONG SAID LOTS 2, 3, 11, 12, 13, IND 16 ABOVE, TN CONNECTION WITH CONSTRUCTION, FOR THE PURPOSE OF AUTHORIZING THE PLACEMENT OF UNDERGROUND PIERS, FOOTINGS AND/OR FOUNDATIONS ACROSS THE BOUNDARY LINE OF SAID LOTS. PARCEL 6: APN 211-131-15 PARCEL C OF THAT CERTAIN CERTIFICATE OF COMPLIANCE (ADJ 12-02-CE 12-06) RECORDED APRIL 2, 2012, AS FILE NUMBER OF OFFICIAL RECORDS OF SAN DJEGO COUNTY. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL OF PARCEL BAS SHOWN ON CERTIFICATE OF COMPLIANCE RECORDED AS DOCUMENT'"'-'"·-"-'',.·"·-'-='-'-" ON OCTOBER 6, 2006 AND ALL OF LOT 13 OF CARLSBAD TRACT NO. 03-02, RECORDED AS :'_\1f\l.'_0Qc.J~}}.;~ ON MAY 3, 2006 AS FILE ALL RECORDED IN THE OFFICES OF THE COUNTY RECORDER. COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY COR..NER OF SAID LOT 13 BEING A POINT ON THE EASTERLY LINE OF LOT 12 OF SAID MAP; THENCE NORTH66°37'55" EAST A DISTANCE OF 203.90 FEET; THENCE NORTH EXHIBIT A (Continued) 21°37'55" EAST A DISTANCE OF 8.34 FEET; THENCE NORTH 23°22'05" WEST A DISTANCE OF69.83 FEET; THENCE SOUTH 43°14'03" WEST A DISTANCE OF 19.21 FEET; THENCE NORTH 46°45'57" WEST A DJSTANCE OF 13.00 FEET TO THE BEGINNING OF A 37.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 26°25'10", AN ARC LENGTH OF 17.06 FEET; THENCE NORTH 73°11'07" WEST A DISTANCE OF 93.79 FEET; THENCE NORTH16"48'53" EAST A DISTANCE OF 55.46 FEET; THENCE NORTH 23°22'05" WEST A DISTANCE OF 11.51 FEET; THENCE NORTH 66°37'55" EAST A DISTANCE OF170.75 FEET; THENCE SOUTH 23°22'05" EAST A DISTANCE OF 74.00 FEET; THENCE NORTH 66°37'55" EAST A DISTANCE OF 100.00 FEET; THENCE SOUTH 23°22'05" EAST A DJSTANCE OF 138.00 FEET; THENCE NORTH66"37'55" EAST A DISTANCE OF 35.12 FEET; THENCE SOUTH 36"02'20" EAST A DISTANCE OF 100.78 FEET; THENCE SOUTH 88"02'53" EAST A DISTANCE OF79.30 FEET; THENCE SOUTH 63°51'08'' EAST A DISTANCE OF 96.38 FEET; THENCE SOUTH 11°56'19" EAST A DISTANCE OF 96.12 FEET; THENCE SOUTH00°02'37" WEST A DISTANCE OF 142.42 FEET; THENCE SOUTH 14"42'30" EAST A DISTANCE OF 33.45 FEET; THENCE SOUTH 75°18'03" WEST A DISTANCE OF89.02 FEET; THENCE SOUTH 89°41 '50" WEST A DISTANCE OF 72.73 FEET; THENCE NORTH 00°19'39" EAST A DISTANCE OF 179.12 FEET; THENCE NORTH 79"32'38" WEST A DISTANCE OF 139.93 FEET TO THE BEGINNING OF A 139.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY A RADIAL TO SAID POINT BEARS SOUTH 73"40'25" EAST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF41"20'27", AN ARC LENGTH OF 100.29 FEET TO THE BEGINNING OF A 69.00FOOT RADIUS COMPOUND CURVE, CONCAVE NORTHERLY, A RADIAL TO SAID POfNT BEARS SOUTH 32°19'58" EAST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 145°25'46", AN ARC LENGTH OF 175.14 FEET TO THE BEGINNING OF A 31.00 FOOT RADfUS REVERSE CURVE, CONCAVE WESTERLY, A RADIAL TO SAID POINT BEARS SOUTH 66°54'12" EAST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 46°27'53", AN ARC LENGTH OF25.14 FEET; THENCE NORTH 23"22'05" WEST A DISTANCE OF 50.86 FEET; THENCE SOUTH 66°37'55" WEST A DISTANCE OF 181.75 FEET; THENCE NORTH 34°44'54" WEST A DISTANCE OF 40.80 FEET TO THE POINT OF BEGINNING. PARCEL 7: APN 211-131-ll PARCEL A OF THAT CERTAIN CERTIFICATE OF COMPLIANCE (ADJ 11-04-CE 12-09) RECORDED APRIL 25. 2012, AS FILE NUMBER 20!2::.Q241014 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEING PORTIONS OF LOTS 6, 7, 8 AND 14 AS SHOWN ON MAP NO. FILED IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED MAY 3, 2006 AS FILE N0._2006-0311804 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID PORTION BEING MORE PARTJCULARL Y DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST EASTERLY CORNER OF LOT 14, AS SHOWN ON SAID MAP NO. THENCE SOUTH 58°37'29" WEST A DISTANCE OF 85.43 FEET; THENCE NORTH 31"22'31" WEST A DISTANCE OF 33.38 FEET TO THE BEGINNING OF A 143.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 05°03'45", AN ARC LENGTH OF 12.64 FEET TO A NON-TANGENT LINE; THENCE SOUTH 58"37'29" WEST A DISTANCE OF 364.36 FEET TO THE BEGil\lNING OF A 200.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE WESTERLY ALONG THE ARC OF SAJD CURVE THROUGH A CENTRAL ANGLE OF 35"37'49", AN ARC LENGTH OF 124.37 FEET; THENCE NORTH 85"44'42" WEST A DISTANCE OF 1117.59 FEET TO A POINT ON A NON-TANGENT, 60.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, A RADlAL TO SAID POINT BEARS NORTH 54°29'06" EAST: THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 28"34'40", AN ARC LENGTH OF 29.93 FEET: THENCE NORTH 64"'05'34" WEST A DISTANCE OF 100.07 FEET TO THE BEGINNING OF A 316.60 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 67°46'03", AN ARC LENGTH OF 374.46 FEET; THENCE NORTH 03°40'29" EAST A DISTANCE OF 399.47 FEET TO THE BEGINNING OF A 197.16 FOOT RADnJS CURVE, CONCAVE EASTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 43°35'04", AN ARC LENGTH OF 149.98 FEET; THENCE NORTH EXHIBIT A (Continued) 4 7o 15'33" EAST A DISTANCE OF 72.24 FEET TO THE BEGINNING OF A 60.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 25"00'29", AN ARC LENGTH OF 26.19 FEET; THENCE NON-TANGENT TO SAID CURVE SOUTH 67"09'52" EAST A DISTANCE OF 86.99 FEET; THENCE SOUTH 43"13'22" EAST A DISTANCE OF 27.56FEET; THENCE NORTH 66°37'55" EAST A DISTANCE OF 23.61 FEET; THENCE SOUTH23"22'05" EAST A DISTANCE OF 17.04 FEET TO A POINT ON A NON-TANGENT, 289.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, A RADIAL TO SAID POINT BEARS NORTH 40"53'56" WEST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 41"49'39", AN ARC LENGTH OF210.98 FEET; THENCE SOUTH 07"16'25" WEST A DISTANCE OF 295.67 FEET TO THE BEGINNING OF A 249.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 65°31'34", AN ARC LENGTH OF 284.77 FEET; THENCE SOUTH 58°15'09" EAST A DISTANCE OF 119.32 FEET TO THE BEGINNING OF A 175.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE EASTERLY ALONG THE ARC OF SATD CURVE THROUGH A CENTRAL ANGLE OF 96"l6W\ AN ARC LENGTH OF 294.03 FEET; THENCE NORTH 25"28'51" EAST A DISTANCE OF 62.31 FEET; THENCE NORTH 64"31'09" WEST A DISTANCE OF 18.50 FEET; THENCE NORTH 25"28'51" EAST A DISTANCE OF 60.03 FEET; THENCE NORTH 64"31 '09" WEST A DISTANCE OF 6.50 FEET; THENCE NORTH 25"28'51" EAST A DISTANCE OF 38.77 FEET TO THE BEGINNING OF A 165.00 FOOT RADIUS CURVE, CONCAVE WESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 50°22'47", AN ARC LENGTH OF 145.08 FEET; THENCE NORTH 24°53'56" WEST A DISTANCE OF 14.96 FEET TO THE BEGINNING OF A 375.00 FOOT RADlUS CURVE, CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 28°33'05", AN ARC LENGTH OF 186.87 FEET; THENCE NORTH 53°27'01" WEST A DISTANCE OF 40.44 FEET TO THE BEGINNING OF A 310.00 FOOT RADIUS CURVE. CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 14"19'41", AN ARC LENGTH OF 77.52 FEET; THENCE NON-TANGENT TO SAID CURVE NORTH 51°14'51" EAST A DISTANCE OF 18.00 FEET TO A POINT ON A NON-TANGENT, 292.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, A RADIAL TO SAID POINT BEARS SOUTH 50°51'18" WEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 15°09'59" AN ARC LENGTH OF 77.29 FEET; THENCE NORTH 23°58'43" WEST A DISTANCE OF 25.93 FEET TO THE BEGINNING OF A 533.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 06°43'16", AN ARC LENGTH OF 62.52 FEET; THENCE NON- TANGENT TO SAID CURVE NORTH 66°37'55" EAST A DISTANCE OF 15.76 FEET; THENCE SOUTH 63°2!'21" EAST A DISTANCE OF 19.87 FEET; THENCE SOUTH 23°22'05" EAST A DISTANCE OF 32.15 FEET TO THE BEGINNING OF A 447.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 33°23'30", AN ARC LENGTH OF 260.51 FEET TO THE BEGINNING OF A 433.00 FOOT RADIUS REVERSE CURVE, CONCAVE SOUTHWESTERLY, A RADIAL TO SAID POINT BEARS NORTH 33°14'25" EAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 3J030'30", AN ARC LENGTH OF 238.12 FEET TO THE BEGINNING OF A 442.00 FOOT RADIUS REVERSE CURVE, CONCAVE NORTHEASTERLY, A RADIAL TO SAID POINT BEARS SOUTH 64°44'55" WEST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 32°07'38", AN ARC LENGTH OF 247.84 FEET TO THE BEGINNING OF A 323.00 FOOT RADIUS REVERSE CURVE, CONCAVE SOUTHWESTERLY, A RADIAL TO SAID POINT BEARS NORTH 32°37'17" EAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 22°47' 14", AN ARC LENGTH OF 128.46 FEET TO THE POINT OF BEGINNING. PARCEL 8: APN 211-131-14 PARCEL D OF THAT CERTAIN CERTIFICATE OF COMPLIANCE (ADJ 11-04-CE 12-10) RECORDED APRIL 25, 2012, AS FILE NUMBER OF OFFICIAL RECORDS OF SAN DIEGO COUNTY, BEfNG MORE PARTICULARLY DESCRlBED AS FOLLOWS: BEING PORTIONS OF LOTS 6, 7, 8 AND 14 AS SHOWN ON MAP NO. FILED IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED MAY 3, 2006 AS FILE NO. 2.Q0.<,~0}ll~()4 IN THE OFFICE OF THE EXHIBIT A (Continued) COUNTY RECORDER OF SAID COUNTY, SAID PORTION BETNG MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST EASTERLY CORNER COMMON TO LOTS 5 AND 14, AS SHOWN ON SAID MAP NO. THENCE SOUTH 66°37'55" \VEST A DISTANCE OF 102.23 FEET; THENCE SOUTH 23°22'05'' EAST A DISTANCE OF 17.04 FEET TO A POINT ON A NON-TANGENT. 289.00 FOOT RADIUS CURVE. CONCAVE SOUTHEASTERLY. A RADIAL TO SAID PO TNT BEARS NORTH 40°53'56" WEST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 41°49'39", AN ARC LENGTH OF 210.98 FEET; THENCE SOUTH 07°16'25" WEST A DISTANCE OF 295.67 FEET TO THE BEGINNING OF A 249.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 65°31534'', AN ARC LENGTH OF 284.77 FEET; THENCE SOUTH 58°15'09" EAST A DISTANCE OF 119.32 FEET TO THE BEGINNING OF A 175.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 96°16'00" AN ARC LENGTH OF 294.03 FEET; THENCE NORTH 25°28'51" EAST A DISTANCE OF 62.31 FEET; THENCE NORTH 64°31'09" WEST A DISTANCE OF 18.50 FEET; THENCE NORTH 25°28'51" EAST A DISTANCE OF 60.03 FEET; THENCE NORTH 64°31'09" WEST A DISTANCE OF 6.50 FEET; THENCE NORTH 25°28'51" EAST A DISTANCE OF 38.77 FEET TO THE BEGINNING OF A 165.00 FOOT RADIUS CURVE, CONCAVE WESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVETHROUGH A CENTRAL ANGLE m· 50°22'47", AN ARC LENGTH OF 145.08 FEET; THENCE NORTH 24°53'56" WEST A DISTANCE OF 14.96 FEET TO THE BEGI"h'NTNG OF A 375.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE NOR'rl!WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 28°33'05", AN ARC LENGTH OF 186.87 FEET; THENCE NORTH 53°27'01" WEST A DISTANCE OF 40.44 FEET TO THE BEGINNING OF A 3!0.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 14°19'41", AN ARC LENGTH OF 77.52 FEET; THENCE NON-TANGENT TO SAID CURVE NORTH 51°14'5l"EAST A DISTANCE OF 18.00 FEET TO A POINT ON A NON- TANGENT, 292.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, A RADIAL TO SAID POINT BEARS SOUTH 50°51'18" WEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF !5°09'59", AN ARC LENGTH OF 77.29 FEET; THENCE NORTH 23°58'43" WEST A DISTANCE OF 25.93 FEET TO THE BEGINNING OF A 533.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF <W43'I6", AN ARC LENGTH OF 62.52 FEET TO A POINT HEREINAFTER REFERRED TO AS POTNT "A"; THENCE NON-TANGENT TO SAID CURVE NORTH 66°37'55" EAST A DISTANCE OF 15.76 FEET; THENCE NORTH 23°22'05" WEST A DISTANCE OF 76.67 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM: COMMENCING AT POINT ''A"; THENCE SOUTH 63°45'06" WEST A DISTANCE OF 53.68 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING ON A NON-TANGENT, 479.50 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, A RADIAL TO SAID POJNT BEARS NORTH 58°48'08" EAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF Or13'09", AN ARC LENGTH OF 60.42 FEET; THENCE SOUTH 23°58'43" EAST A DISTANCE OF 25.93 FEET TO THE BEGINNING OF A 345.50 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 15°44'47'', AN ARC LENGTH OF 94.95 FEET; THENCE NON- TANGENT TO SAID CURVE SOUTH 49°01'52" WEST A DISTANCE OF 18.00 FEET TO A POINT ON A NON- TANGENT 363.50 FOOT RADIUS CURVE. CONCAVE NORTHEASTERLY, A RAD1AL TO SAID POINT BEARS SOUTH 50°12'48" WEST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 13°39'49", AN ARC LENGTH OF 86.69 FEET; THENCE SOUTH 53°27'01" EAST A DISTANCE OF 40.44 FEET TO THE BEGll\lNING OF A 321.50 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 28°33'05", AN ARC LENGTH OF 160.21 FEET; THENCE SOUTH 24°53'56" EAST A DISTANCE OF 14.96 FEET TO THE BEGINNING OF A 111.50 FOOT RADIUS CURVE, CONCAVE WESTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 23°39'31 '',AN ARC LENGTH OF 46.04 FEET; THENCE NON-TANGENT TO SAID CURVE NORTH 84°54' 10" EAST A DISTANCE OF 18.04 FEET TO A POINT ON A NON- EXHIBJTA (Continued) TANGENT 129.50 FOOT RA.DJUS CURVE, CONCAVE WESTERLY, A RADIAL TO SAID POINT BEARS NORTH 88°13'23" EAST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF !7°43'19", AN ARC LENC]TH OF 40.06 FEET; THENCE NON-TANGENT TO SAID CURVE NORTH 70°44'06" WEST A DISTANCE OF 18.04 FEET TO A POJNT ON A NON-TANGENT 111.50 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, A RADIAL TO SAID POINT BEARS SOUTH 74°35'31" EAST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 10°04'22", AN ARC LENGTH OF 19.60 FEET; THENCE SOUTH 25°28'51" WEST A DISTANCE OF 135.59 FEET; THENCE SOUTH 64°31'09" EAST A DfSTANCE OF 18.00 FEET; THENCE SOUTH 25°28'51" WEST A DISTANCE OF 25.51 FEET TO THE BEGINNING OF A 114.50 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 23°31'13", AN ARC LENGTH OF47.00 FEET; THENCE NON-TANGENT TO SAID CURVE NORTH 37°14'35" WEST A DISTANCE OF 18.05 FEET TO A POINT ON A NON- TANGENT 96.50 FOOT RADIUS CURVE. CONCAVE NORTHERLY, A RADIAL TO SAID POINT BEARS SOUTH 41°42'02" EAST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 58°35' 16", AN ARC LENGTH OF 98.68 FEET; THENCE NON-TANGENT TO SAID CURVE SOUTH 12°25'47" \VEST A DISTANCE OF 18.05 FEET TO A POINT ON A NON-TANGENT 114.50 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY. A RADIAL TO SAID POINT BEARS SOUTH 16"1!'07" WEST; THENCE NORTH\:VESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF !5°33'44", AN ARC LENGTH OF 31.10 FEET; THENCE NORTH 58° 15'09" WEST A DJST ANCE OF 28.66 FEET; THENCE NORTH 31 °44'51" EAST A DISTANCE OF 18.00 FEET; THENCE NORTH 58°15'09" WEST A DISTANCE OF 40.50 FEET; THENCE SOUTH 31 0 44'51" WEST A DISTANCE OF 18.00 FEET; Tl!ENCE NORTH 58°15'09'' WEST A DISTANCE OF 47.40 FEET; THENCE NORTH 32°43'57" EAST A DISTANCE OF 18.03 FEET TO A POINT ON A NON-TANGENT 170.50 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY A RADIAL TO SAID POINT BEARS SOUTH 30°42'57'' WEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE Of 25°33'15", AN ARC LENGTH OF 76.04 FEET; THENCE NON-TANGENT TO SAID CURVE SOUTH 47°09'27" WEST A DISTANCE OF 10.89 FEET; THENCE SOUTH 53°49'41" WEST A DISTANCE OF 7.25 FEET TO A POINT ON A NON- . TANGENT 188.50 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, A RADIAL TO SAID POfNT BEARS SOUTH 55°39'07" WEST; THENCE NORHlWESTERL Y ALONG THE ARC OF SAJD CURVE THROUGH A CENTRAL ANGLE OF 16"15'48", AN ARC LENG'l'H OF 53.51 FEET; THENCE NON-TANGENT TO SAID CURVE NORTH 74°11 '44" EAST A DISTANCE OF 19.52 FEET TO A POINT ON A NON-TANGENT 169.00 FOOT RADH..JS CURVE, CONCAVE EASTERLY A RADIAL TO SAID POINT BEARS SOUTH 71 °39'07" WEST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 24"14'28", AN ARC LENGTH OF 71.50 FEET; THENCE NON-TANGENT TO SAID CURVE NORTH 86°39'00" WEST A DISTANCE OF 19.52 FEET TO A POINT ON A NON-TANGENT 188.50 FOOT RADIUS CURVE, CONCAVE EASTERLY, A RADIAL TO SAJD POINT BEARS NORTH 84°22'13" WEST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 01°38'38'', AN ARC LENGTH OF 5.41 FEET; THENCE NORTH 07°16'25" EAST A DISTANCE OF 80.72 FEET; THENCE SOUTH 82°43'35" EAST A DISTANCE OF 19.50 FEET; TFIENCE NORTH 07°16'25" EAST A DISTANCE OF 49.00 FEET; THENCE NORTH 82°43'35" WEST A DISTANCE OF 19.50 FEET; THENCE NORTH 07°16'25'' EAST A DISTANCE OF 60.36 FEET; THENCE SOUTH 82°43'35" EAST A DISTANCE OF 18.00 FEET; THENCE NORTH 07°16'25" EAST A DISTANCE OF 105.60 FEET TO THE BEGlNNJNG OF A 210.50 FOOT RADIUS CURVE, CONCAVE EASTERLY; H:!ENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 25°08'45". AN ARC LENGTH OF 92.38 FEET; THENCE NON-TANGENT TO SAID CURVE NORTH 59°37'20" WEST A DISTANCE OF 18.01 FEET TO A POINT ON ANON-TANGENT 228.50 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, A RADIAL TO SAID POINT BEARS NORTH 57°44'29" WEST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 18°10'58", AN ARC LENGTH OF 72.51 FEET TO THE BEGINNING OF A 7.50 FOOT RADIUS COMPOUND CURVE, CONCAVE SOUTHERLY, A RADIAL TO SAID POJNT BEARS NORTH 39°33'31" WEST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 98°21'39". AN ARC LENGTH OF 12.88 FEET TO THE TRUE POINT OF BEGINNTNG. PARCEL 9: APN 21 J-130-05; 2.11-131-02,03,04 LOTS 3. 4, 5, 12 OF CITY OF CARLSBAD TR.A.CT N0.03-02 CARLSBAD R.1\NCH HOTEL AND TIMESHARE CONDOM!NJUM, J.N THE ClTY OF CARLSBAD, COUNTY OF SAN DIEGO OF CALIFORNIA, ACCORDING TO EXHIBIT A (Continued) -~•-~cLc::_,_,_,_,_.,_.c.cc:.:..: .... , •. =·=:=" FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, .tv1A Y 3, 2006.