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HomeMy WebLinkAboutMS 16-06; Carlsbad Village Partners LP; 2019-0436243; Hold Harmless Agreement/ReleaseRECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 DOC# 2019-0436243 I llllll lllll lllll 1111111111111111111111111111111111111111 lllll ll!I IIII Oct 01, 2019 02:10 PM OFFICIAL RECORDS Ernest J Dronen burg, Jr, SAN DIEGO COUNTY RECORDER FEES $0.00 (SB2 Atkins $0 00) PAGES 10 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 203-320-48-00, 203-320-49-00 PROJECTID: MS1~06 ------------PROJECT NAME: Carlsbad Village Lofts HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 515-5A) for development to occur on property more particularly described as (see attached, Exhibit "A"), and other good and valuable consideration, receipt of which is hereby acknowledged, I/(We) Carlsbad Village Partners, LP, a California limited partnership, 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 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 1 Q:\CED\LandDev\PROJECTS\MS\MS 16\MS 16-06 Carlsbad Village Lofts· Bobbett, R1ck\B & A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 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. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 2 Q:\CED\LandDev\PROJECTS\MS\MS 16\MS 16-06 Carlsbad Village Lofts -Bobbett, Rick\B & A\HOLO HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this __ 14-_ ...... __ day of ~vc..iv<o.T APPROVED AS TO FORM: CELIA BREWER City Attorney ,20~. OWNER(S) Carlsbad LP: CARLSBAD VILLAGE PARTNERS, L.P., a California limited partnership By: Carlsbad Village Genpar, LLC, a California limited liability company, its general partner By: R&V Management Corporation, a California corporation, its non-member manager By: -----W-J/lf ~-------- Gerry A. Ranglas -CEO (print name and title) Date: By: (sign here) (print name and title) Date: (Proper notarial acknowledgment of execution by owner(s) must be attached) (Chairman of the Board, President, or any Vice-President and Secretary, any Assistant Secretary, the Chief Financial Officer, or any Assistant Treasurer must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) 3 Q:ICED\LandDev\PROJECTSIMS\MS 16\MS 16-06 Carlsbad Village Lofts -Bobbett. Rick\B & A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California } County of --=s~(.i~()~D~i~etj-U ______ _ On -~f\tt'----',~'-<>~;\--~l~Y:-+-1 _2_0 l_c'.1 __ before me, ---~B_,,_ih_h_N.,....9o_~_N_q~u--+'tC0-~1 ~l'f_UTh_'½_P_v1_b_l 1_-c:. __ Date Here Insert Name and Title of the Officer personally appeared --------~b~e~r_ry....._A-_. _l¼_n..,..8_\lil_! _____________ _ Name'N, of Signer~ who proved to me on the basis of satisfactory evidenc~ be the person{&) whose nam~re subscribed to the within instrument and acknowl~ed to me that~she/they executed the same in{.FiWher/their authorized capacity~ and that by ~er/their signaturets) on the instrument the perso~. or the entity upon behalf of which the perso~acted, executed the instrument. ~············~ BINH NGOC NGUYEN ;@····,f'.· ~ Notary Publ1c · California : J i .... ,. :: San Otego County ~ • · ' Commission# 2241383 "' 0 ,.,.,. My Comm. Expire., May 6, 2022 Place Notary Seal and/or Stamp Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ----'~=-..__(y-+1------------ SigJdture of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: ___________________________ _ Document Date: _____________________ Number of Pages: ____ _ Signer(s) Other Than Named Above: ________________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: □ Corporate Officer -Title(s): ______ _ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian of Conservator □ Trustee □ Guardian of Conservator □ Other: □ Other: Signer is Representing: _________ _ Signer is Representing: _________ _ • ©2017 National Notary Association LEGAL DESCRIPTION Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: PARCEL I: PARCEL 1: THAT PORTION OF TRACT 117 OF CARLSBAD LANDS IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1661 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 1, 1915, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE NORTHWESTERLY LINE OF ELM AVENUE, ALSO BEING THE SOUTHEASTERLY LINE OF SAID TRACT 117, WITH THE WESTERLY BOUNDARY LINE OF TRACT 119 OF SAID CARLSBAD LANDS; THENCE SOUTH 55° 27' WEST ALONG SAID SOUTHEASTERLY LINE OF TRACT 117, A DISTANCE OF 1380.91 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION; (1) THENCE NORTH 34° 33' WEST, 310.00 FEET; (2) THENCE SOUTH 55° 27" WEST, 56.26 FEET; (3) THENCE NORTH 34° 33' WEST, 140.42 FEET TO THE SOUTHEASTERLY LINE OF THE LAND DESCRIBED IN THE DEED TO AUGUSTA ASMUS RECORDED JULY 20, 1920 IN BOOK 824, PAGE .!Z OF DEEDS; (4) THENCE NORTH 55° 27' EAST, 239.15 FEET ALONG SAID SOUTHEASTERLY LINE AND ALONG THE NORTHWESTERLY LINE OF THE LAND CONVEYED TO R.R. KANE, ET UX, BY DEED RECORDED DECEMBER 13, 1945 IN BOOK 2003, PAGE 351, OFFICIAL RECORDS, TO THE NORTHERLY CORNER OF SAID KANE'S LAND; (5) THENCE SOUTH 34° 33' EAST, 225.25 FEET TO THE NORTHERLY CORNER OF THE LAND DESCRIBED IN THE DEED TO ELLA B. FLEMING RECORDED JANUARY 29, 1953 AS FILE NO. 12971 IN BOOK 4731, PAGE 315, OFFICIAL RECORDS; (6) THENCE SOUTH 55° 27' WEST, 66.76 FEET ALONG THE NORTHWESTERLY LINE OF SAID FLEMING'S LAND TO THE WESTERLY CORNER THEREOF; (7) THENCE SOUTH 34° 33' EAST, 55.19 FEET ALONG THE SOUTHWESTERLY LINE OF SAID FLEMING'S LAND; (8) THENCE SOUTH 55° 27' WEST, 66.46 FEET; (9) THENCE SOUTH 34° 33' EAST, 170.00 FEET TO SAID SOUTHEASTERLY LINE OF TRACT 117; (10) THENCE SOUTH 55° 27' WEST, 49.84 FEET ALONG SAID SOUTHEASTERLY LINE TO THE POINT OF BEGINNING. THE ABOVE PARCEL IS DESCRIBED AS "PROPOSED MOTEL PARCEL" IN THE CERTIFICATE OF COMPLIANCE RECORDED MARCH 17, 1982 AS INSTRUMENT NO. 82-072621 OF OFFICIAL RECORDS. PARCEL 2: THAT PORTION OF TRACT 117 OF CARLSBAD LANDS, IN THE CITY OF CARLSBAD, COUNlY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1661, FILED IN THE OFFICE OF THE COUNlY RECORDER OF SAN DIEGO COUNlY, MARCH 1, 1915, BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE NORTHWESTERLY LINE OF ELM AVENUE, WHICH IS ALSO THE SOUTHEASTERLY LINE OF SAID TRACT 117, WITH THE WESTERLY LINE OF TRACT 119 OF SAID CARLSBAD LANDS, THENCE ALONG THE SOUTHEASTERLY LINE OF SAID TRACT 117, SOUTH 55° 27' 00" WEST, 1264.24 FEET TO THE MOST SOUTHERLY CORNER OF THE LAND DESCRIBED IN DEED TO HARRY H. BALCOM, RECORDED JULY 18, 1946 IN BOOK 2193, PAGE 3~ OF OFFICIAL RECORDS, BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 55° 27' 00" WEST, 66.67 FEET TO THE MOST SOUTHERLY CORNER OF PARCEL MAP NO. 1311, FILED IN THE OFFICE OF THE COUNlY RECORDER OF SAN DIEGO COUNlY, FEBRUARY 16, 1973 AS FILE NO. 73-042632 OF OFFICIAL RECORDS; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID PARCEL MAP, NORTH 34° 33' 00" WEST, 170.00 FEET TO THE MOST WESTERLY CORNER OF PARCEL 1 OF SAID PARCEL MAP; THENCE ALONG THE NORTHWESTERLY LINE OF SAID PARCEL 1, NORTH 55° 27' 00" EAST 66.67 FEET TO THE SOUTHWESTERLY LINE OF SAID BALCOM'S LAND; THENCE ALONG SAID SOUTHWESTERLY LINE, SOUTH 34° 33' 00" EAST, 170,00 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 3: A NON-EXCLUSIVE EASEMENT FOR INGRESS, EGRESS, PARKING, SURFACE DRAINAGE AND UTILilY PURPOSES OVER A PORTION OF TRACT 117 OF CARLSBAD LANDS, IN THE CITY OF CARLSBAD, IN THE COUNlY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 16§1, FILED IN THE OFFICE OF THE COUNlY RECORDER OF SAN DIEGO, MARCH 1, 1915 DESCRIBED AS FOLLOWS: PARCEL A: BEGINNING AT THE MOST EASTERLY CORNER OF THE LAND CONVEYED TO JOHN HARVEY AND MARY C. GRANT BY DEED RECORDED MAY 19, 1971, AS FILE NO. 103578 OF OFFICIAL RECORDS OF SAID COUNlY. THENCE NORTH 34° 35' 37" WEST 164.99 FEET; THENCE NORTH 55° 24' 23" EAST 15.00 FEET; THENCE SOUTH 34° 35' 37" EAST 175.00 FEET; THENCE SOUTH 55° 27' 00" WEST 19.52 FEET; THENCE SOUTH 10° 27' 00" WEST 88.03 FEET TO POINT X; THENCE NORTH 34° 33' 00" WEST 72.25 FEET; THENCE NORTH 55° 27' 00" EAST 66.76 FEET BACK TO THE POINT OF BEGINNING. PARCEL B: BEGINNING AT POINT X AS DELINEATED IN PARCEL A ABOVE; THENCE SOUTH 10° 27' 00" WEST 100.83 FEET; THENCE SOUTH 34° 33' 00" EAST 81.64 FEET TO THE NORTHWESTERLY RIGHT-OF-WAY OF ELM STREET (80 FEET WIDE); THENCE SOUTH 55° 27' 00" WEST 40.00 FEET SOUTHWESTERLY ALONG SAID RIGHT-OF-WAY; THENCE NORTH 34° 33' 00" WEST 112.00 FEET; THENCE NORTH 55° 27' 00" EAST 35.00 FEET; THENCE NORTH 10° 27' 00" EAST 107.90 FEET; THENCE SOUTH 34° 33' 00" EAST 35.36 FEET BACK TO POINT X. PARCEL II: PARCEL A: THAT PORTION OF TRACT 117 OF CARLSBAD LANDS, IN THE CilY OF CARLSBAD, COUNlY OF SAN DIEGO, STATE OF CALIFORNIA, AS SAID TRACT 117 IS SHOWN ON MAP THEREOF NO. 166J, FILED IN THE OFFICE OF THE COUNlY RECORDER OF SAN DIEGO COUNlY, MARCH 1, 1915, DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE NORTHWESTERLY LINE OF ELM AVENUE, WHICH IS ALSO THE SOUTHEASTERLY LINE OF SAID TRACT 117 WITH THE WESTERLY BOUNDARY LINE OF SAID TRACT 117 OF CARLSBAD LANDS, AS SHOWN ON SAID MAP NO. 1661, RUNNING THENCE SOUTH 55°27' WEST, 1043.77 FEET; THENCE NORTH 34°33' WEST, 300 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 55°27' WEST, 93. 75 FEET; THENCE NORTH 34°33' WEST 150 FEET; THENCE NORTH 55°27' EAST 93. 75 FEET TO THE NORTHEASTERLY CORNER OF A TRACT OF LAND CONVEYED TO RUDOLPH SONNEMANN AND JANE SONNEMANN, BY DEED DATED OCTOBER 27, 1921 AND RECORDED IN BOOK 861, PAGE 452 OF DEEDS; THENCE ALONG THE SOUTHEASTERLY LINE OF THE LAND DESCRIBED IN DEED TO AUGUSTA ASMUS BY DEED DATED OCTOBER 20, 1922, RECORDED IN BOOK 908, PAGE 423 OF DEEDS, NORTH 55°27' EAST TO THE EASTERLY LINE OF THE LAND DESCRIBED IN DEED FROM THE STATE OF CALIFORNIA, TO MORTEN NIELSEN, ET UX, RECORDED OCTOBER 18, 1954 AS DOCUMENT NO. 139585 OF OFFICIAL RECORDS; THENCE ALONG SAID EASTERLY LINE, SOUTH 9°16'45" EAST TO AN ANGLE POINT AND SOUTH 23°08'50" EAST, TO A POINT IN A LINE WHICH IS PARALLEL WITH AND 243 FEET SOUTHEASTERLY FROM SAID SOUTHEASTERLY LINE OF ASMUS LAND, ABOVE MENTIONED; THENCE SOUTH 55°27' WEST, ALONG SAID PARALLEL LINE TO A LINE WHICH BEARS SOUTH 34°33' EAST FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 34°33' WEST, 93 FEET TO THE TRUE POINT OF BEGINNING. ALSO KNOWN AS A PORTION OF PARCEL 2 OF PARCEL MAP NO. 1311, FILED FEBRUARY 16, 1973 AS FILE NO. 73-042632 OF OFFICIAL RECORDS. EXCEPTING THAT PORTION LYING EASTERLY OF A LINE DESCRIBED AS FOLLOWS: COMMENCING FOR REFERENCE AT A POINT ON THE CENTER LINE OF ELM AVENUE, DISTANT ALONG SAID CENTER LINE, NORTH 55°58'03" EAST, 617.13 FEET FROM THE INTERSECTION OF SAID CENTER LINE WITH THE CENTER LINE OF HARDING STREET (FORMERLY FIFTH STREET); THENCE NORTH 34°01'57" WEST, 40.00 FEET; THENCE NORTH 10°10'18" WEST, 3.72 FEET TO THE TRUE POINT OF BEGINNING; THENCE (1) CONTINUING NORTH 10°10'18" WEST, 315.51 FEET; THENCE (2) NORTH 16°37'24" WEST 175.70 FEET; THENCE (3) NORTH 17°51'38" WEST, 566. 95 FEET; THENCE ( 4) NORTH 22°33'07" WEST, 490.19 FEET TO A POINT ON THE CENTER LINE OF KNOWLES AVENUE, DISTANT ALONG SAID CENTER LINE, SOUTH 89°06'33" EAST 202.07 FEET FROM THE INTERSECTION OF LAST SAID CENTER LINE WITH THE EASTERLY LINE OF BLOCK 13, SUNNY SLOPE TRACT OF CARLSBAD ACCORDING TO MAP THEREOF NO. 995, FILED IN THE OFFICE OF THE COUNlY RECORDER OF SAN DIEGO COUNlY, JUNE 6, 1906. PARCEL B: AN EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS AND PARKING PURPOSES OVER AND ACROSS THAT PORTION OF TRACT 117 OF CARLSBAD LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SAID TRACT 117 IS SHOWN ON MAP THEREOF NO. 1661, FILED IN THE OFFICE OF THE COUNlY RECORDER OF SAN DIEGO COUNlY, MARCH 1, 1915, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT IN THE CENTER LINE OF ELM AVENUE, DISTANT ALONG SAID CENTER LINE, NORTH 55°21'20" EAST 617.13 FEET FROM THE POINT OF INTERSECTION OF SAID CENTER LINE WITH THE CENTER LINE OF HARDING STREET (FORMERLY 5TH STREET); THENCE NORTH 34°38'40" WEST (RECORD NORTH 34°01'57" WEST) 40.00 FEET; THENCE NORTH 10°47'01" WEST (RECORD NORTH 10°10'18" WEST) 3.72 FEET TO THE MOST SOUTHERLY CORNER OF THE LAND DESCRIBED IN DEED TO THE STATE OF CALIFORNIA, RECORDED JUNE 10, 1969 AS FILE NO. 102186 OF OFFICIAL RECORDS; THENCE ALONG THE WESTERLY LINE THEREOF, NORTH 10°47'01" WEST (RECORD NORTH 10°10'18" WEST) 182.29 FEET TO A POINT IN A LINE THAT IS PARALLEL WITH AND DISTANT NORTHWESTERLY 210.00 FEET, MEASURED AT RIGHT ANGLES, FROM THE CENTER LINE OF SAID ELM AVENUE, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 10°47'01" WEST 40.45 FEET TO A POINT IN THE SOUTHEASTERLY LINE OF THE LAND DESCRIBED AS PARCEL 2 IN DEED TO JOHN H. GRANT, ET UX, RECORDED FEBRUARY 6; 1969 AS FILE NO. 22629 OF OFFICIAL RECORDS; THENCE ALONG THE BOUNDARY LINE OF SAID GRANT'S LAND, SOUTH 55°21'20" WEST (RECORD SOUTH 55°27' WEST) 9.70 FEET TO THE MOST SOUTHERLY CORNER OF SAID GRANT'S LAND; THENCE NORTH 34°38'40" WEST (RECORD NORTH 34°33' WEST) 93.00 FEET; THENCE SOUTH 55°21'20" WEST (RECORD SOUTH 55°27' WEST) 93.75 FEET; THENCE NORTH 34°38'40" WEST (RECORD NORTH 34°33' WEST) 125.00 FEET TO THE SOUTHEASTERLY LINE OF THE LAND DESCRIBED IN DEED TO THE CITY OF CARLSBAD, RECORDED SEPTEMBER 14, 1956 IN BOOK 6256, PAGE 550 OF OFFICIAL RECORDS; THENCE LEAVING SAID GRANT'S LAND AND ALONG SAID SOUTHEASTERLY LINE AND THE SOUTHWESTERLY PROLONGATION THEREOF SOUTH 55°21'20" WEST (RECORD SOUTH 55°27' WEST) 60.00 FEET TO A POINT IN THE NORTHEASTERLY LINE OF LAND DESCRIBED IN DEED TO JOHN HARVEY GRANT, ET UX, RECORDED MAY 19, 1971, AS FILE NO. 103578 OF OFFICIAL RECORDS; THENCE ALONG SAID NORTHEASTERLY LINE, SOUTH 34°38'40" EAST (RECORD SOUTH 34°33' EAST) 200.00 FEET TO THE MOST EASTERLY CORNER THEREOF; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID LAND AND THE SOUTHEASTERLY PROLONGATION THEREOF, SOUTH 55°21'20" WEST (RECORD SOUTH 55°27' WEST) 66.68 FEET TO THE MOST NORTHERLY CORNER OF LAND DESCRIBED AS PARCEL 1 IN DEED TO JOHN H. GRANT, ET UX, RECORDED FEBRUARY 6, 1969 AS FILE NO. 2_i2__2.Q OF OFFICIAL RECORDS; THENCE ALONG SAID GRANT'S LAND, SOUTH 34°38'40" EAST (RECORD SOUTH 34°33' EAST) 55.00 FEET TO A POINT IN SAID LINE THAT IS PARALLEL WITH AND DISTANT NORTHWESTERLY 210.00 FEET, MEASURED AT RIGHT ANGLES, FROM SAID CENTER LINE OF ELM AVENUE; THENCE ALONG SAID PARALLEL LINE NORTH 55°21'20" EAST, 213.76 FEET TO THE TRUE POINT OF BEGINNING. PARCEL C: AN EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS PURPOSES OVER AND ACROSS THAT PORTION OF TRACT 117 OF CARLSBAD LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SAID TRACT 117 IS SHOWN ON MAP THEREOF NO. 1661, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 1, 1915, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT IN THE CENTER LINE OF ELM AVENUE, DISTANT ALONG SAID CENTER LINE, NORTH 55°21'20" EAST 617.13 FEET FROM THE POINT OF INTERSECTION OF SAID CENTER LINE WITH THE CENTER LINE OF HARDING STREET {FORMERLY 5TH STREET); THENCE NORTH 34°38'40" WEST (RECORD NORTH 34°01'57" WEST) 40.00 FEET; THENCE NORTH 10°47'01" WEST (RECORD NORTH 10°10'18" WEST) 3.72 FEET TO THE MOST SOUTHERLY CORNER OF THE LAND DESCRIBED IN DEED TO THE STATE OF CALIFORNIA, RECORDED JUNE 10, 1969 AS FILE NO. 102186 OF OFFICIAL RECORDS; THENCE ALONG THE WESTERLY LINE THEREOF, NORTH 10°47'01" WEST (RECORD NORTH 10°10'18" WEST) 182.29 FEET TO A POINT IN A LINE THAT IS PARALLEL WITH AND DISTANT NORTHWESTERLY 210.00 FEET, MEASURED AT RIGHT ANGLES, FROM THE CENTER LINE OF SAID ELM AVENUE; THENCE ALONG SAID PARALLEL LINE, SOUTH 55°21'20" WEST 32.80 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 55°21'20" WEST 27.34 FEET; THENCE SOUTH 10°47'01" EAST 185.89 FEET TO A POINT IN THE SOUTHEASTERLY LINE OF SAID TRACT 117; THENCE ALONG SAID SOUTHEASTERLY LINE, NORTH 55° 21' 20" EAST 27.34 FEET THENCE LEAVING SAID SOUTHEASTERLY LINE, NORTH 10° 47' 01" WEST 185.89 FEET TO THE POINT OF BEGINNING. PARCEL III: ALL THAT PORTION OF TRACT 117 OF CARLSBAD LANDS, IN THE CilY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 1661, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 1, 1915, BOUNDED AND DESCRIBED AS A WHOLE AS FOLLOWS: COMMENCING AT A POINT IN THE CENTER LINE OF ELM AVENUE, DISTANT THEREON NORTH 55°21'20" EAST 592.14 FEET FROM THE INTERSECTION OF SAID CENTER LINE OF ELM AVENUE, WITH THE CENTER LINE OF HARDING STREET-FORMERLY 5TH STREET; THENCE NORTH 34°38'40" WEST, 40.00 FEET TO THE SOUTHEASTERLY LINE OF SAID TRACT 117, BEING THE TRUE POINT OF BEGINNING; THENCE NORTH 48°16'47" EAST 49.91 FEET TO THE BEGINNING OF A TANGENT 144.00 FOOT RADIUS CURVE, CONCAVE WESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 71°25'37" A DISTANCE OF 179.52 FEET; THENCE TANGENT TO SAID CURVE, NORTH 23°08'50" WEST, A DISTANCE OF 88.43 FEET TO THE MOST NORTHERLY CORNER OF LAND DESCRIBED IN DEED TO RUDOLPH H. SONNEMAN, ET UX, RECORDED NOVEMBER 26, 1954 AS INSTRUMENT NO. 158514 IN BOOK 5441Lf>.AGE 517 OF OFFICIAL RECORDS; THENCE SOUTH 55°21'20" WEST, ALONG THE NORTHERLY LINE OF SAID LAND, 83.59 FEET TO AN INTERSECTION WITH THE NORTHEASTERLY LINE OF LAND DESCRIBED IN DEED TO RUDOLPH SONNEMAN, ET UX, RECORDED NOVEMBER 22, 1921 AS INSTRUMENT NO. 31226, IN BOOK 861, PAGE~?? OF DEEDS; THENCE ALONG SAID NORTHEASTERLY LINE, NORTH 34°38'40" WEST, 93.00 FEET TO THE MOST EASTERLY CORNER OF LAND DESCRIBED IN DEED OF NORTEN NIELSON, ET UX, RECORDED MAY 6, 1953 AS INSTRUMENT NO. 61972 IN BOOK 4846, PAGE 53 OF OFFICIAL RECORDS; THENCE SOUTHWESTERLY ALONG THE SOUTHEASTERLY LINE OF SAID NIELSEN'S LAND, 93.75 FEET TO THE MOST SOUTHERLY CORNER OF SAID LAND; THENCE NORTHWESTERLY ALONG THE SOUTHWESTERLY LINE OF SAID LAND, A DISTANCE OF 150.00 FEET TO THE MOST NORTHERLY CORNER OF THE LAND DESCRIBED IN DEED TO RUDOLPH H. SONNEMANN, ET UX, RECORDED JULY 3, 1952 AS INSTRUMENT NO. 81167 OF OFFICIAL RECORDS; THENCE ALONG THE NORTHERLY LINE OF SAID LAND AND THE SOUTHWESTERLY PROLONGATION THEREOF, 60.00 FEET TO THE MOST WESTERLY CORNER OF THE LAND DESCRIBED IN DEED TO RUDOLPH H. SONNEMAN, ET UX, RECORDED JULY 5, 1956 AS INSTRUMENT NO. 9243_1 OF OFFICIAL RECORDS; THENCE SOUTH 34°38'40" EAST ALONG THE SOUTHWESTERLY LINE OF SAID LAND AND ITS SOUTHEASTERLY PROLONGATION 225.00 FEET TO THE MOST NORTHERLY CORNER OF LAND DESCRIBED IN DEED TO ELLA B. FLEMING, RECORDED JANUARY 23, 1953 AS INSTRUMENT NO. 12971, IN BOOK 4731, PAGE 315 OF OFFICIAL RECORDS; THENCE ALONG THE NORTHWESTERLY AND SOUTHWESTERLY LINES OF SAID FLEMING'S LAND, SOUTH 55°21'20" WEST, 66.68 FEET AND SOUTH 34°38'40" EAST, 225.00 FEET TO THE SOUTHEASTERLY LINE OF SAID TRACT 117; THENCE ALONG SAID SOUTHEASTERLY LINE, NORTH 55°21'20" EAST, A DISTANCE OF 113.49 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION OF LAND GRANTED TO THE STATE OF CALIFORNIA IN THE DEED RECORDED MARCH 5, 1969, AS INSTRUMENT NO. 38626, OF OFFICIAL RECORDS. APNs: 203-320-03-00 (affects portion of Parcel 1 of Parcel I) 203-320-04-00 {affects portion of Parcel 1 of Parcel I) 203-320-43-00 (affects portion of Parcel 1 of Parcel I) 203-320-44-00 (affects portion of Parcel 1 of Parcel I) 203-320-45-00 (affects portion of Parcel 1 of Parcel I ) 203-320-46-00 (affects Parcel 2 of Parcel I) 203-320-39-00 (affects Parcel II) 203-320-32-00 (affects portion of Parcel III) 203-320-47-00 (affects portion of Parcel III)