HomeMy WebLinkAboutSDP 05-14; WEST CREST OCEANFRONT LLC; 2011-0032121; Hold Harmless Agreement/ReleaseDOCtt 2011-0032121
RECORDING 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
JAN 18, 2011 3:59 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J Dronenbuig, Jr., COUNTY RECORDER
FEES: 0.00
9518 PAGES: 10
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 214-160-11,13,19,20,21,24
PROJECT ID: SDP 05-14
PROJECT NAME: Hilton Carlsbad Beach
Resort
RELATED PROJECT ID:
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City's approval of a grading plan (DWG 468-3A) and
improvement plans (DWG 468-3) 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, l/(We) Wave Crest Oceanfront 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
loss resulting from or caused by any geological failure is assumed by and shall be borne by the
owner.
H:\Development Services\PROJECTS\SDP FILES\SDP 05\SDP 05-14 Hilton Carlsad Beach Resort and Spa - Jimeno\Bonds and AgreemenhHOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE(DWG 468-3).doc
9519
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.
JN WITNESS WHEREOF, the undersigned has executed this instrument this
* day of ff£<:("k*~y , 20 IP.
OWNER(S)
Wave Crest Oceanfront LLC, a California limited
liability company
By: Wave Crest Resorts II LLC, a California
limited liability company
By: Three Seas Enterprises, Inc., a California
corporation
By: William L-X^nepa, President
By: U3:Vr4&~ j. _
I (sign he?e)
William L. Canepa, President
Date:
(print name and title)
I IP
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
Bv: l
^ DeputyCiteputy City Attorney
(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.)
H:\Development Services\PROJECTS\SDP FILES\SDP 05\SDP 05-14 Hilton Carlsad Beach Resort and Spa - JimentrtBonds and AgreemenftHOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE(DWG 468-3).doc
9520
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of Califorprta
County of <L
On
'/£>
before me,
personally appeared
&
P.
NameCsCol Signers)
OFFICIAL SEAL
ARTHUR P. ARQUILLA
NOTARY PUBLIC-CALIFORNlAg1 COMM. NO. 1872932 ^
SAN DIEGO COUNTY |
MY COMM. EXP. JAN. 7,2014 |
who proved to me on the basis oisatjsfactory evidence to
be the person(s) whose name(s$1^jb subscribed to the
hin instrument and acknowledged to me that
h^she/they executed the same in^his/h^/their authorized
capacity(ies), and that bylTis/^erAheir signature(s) on the
instrument the person(s)T"CT the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
Place Notary Seal Above
WITNESS my h
Signature
OPTIONAL\Jt^ I f\^m^ir^mm /" f
Though the information below is not required by law, it may prove valuable to persons relying-Qa-th&ciocument
and could prevent fraudulent removal and reattachment of this form to another 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:
D Individual
D Corporate Officer — Title(s):
D Partner — D Limited D General
n Attorney in Fact
D Trustee
D Guardian or Conservator
D Other:
Top of thumb here
Signer Is Representing:.
Signer's Name:
D Individual
D Corporate Officer — Trtle(s):
D Partner — D Limited D General
D Attorney in Fact
D Trustee
D Guardian or Conservator
D Other:
RIGHT THUf.1BPRir\OF SIGNER
Top of thumb here
Signer Is Representing:.
O2O07 National Notary Aisociatkxi-SSSODe Solo Awe.. P.O.Bon 2408- Chatsworth, CA 91313-2402 •www.NationalNotary.Ofg rrem 05SO7 Reorder Call To*-ftBe 1-800-876*827
EXHIBIT "A'9521
The land referred to herein is situated in the State of California, County of San Diego, City of
Carlsbad, and described as follows:
PARCEL 1: (AFN 214-160-13)
ALL THAT PORTION OF THE SOUTH 2/3RD OF LOT 4 (SOUTHEAST QUARTER
OF THE SOUTHEAST QUARTER) OF SECTION 29, TOWNSHIP 12 SOUTH,
RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA ACCORDING TO OFFICIAL PLAT THEREOF,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF SAID SECTION
29, WITH THE WESTERLY LINE OF THE ABANDONED PORTION OF THE
ATCHISON, TOPEKA AND SANTA FE RAILWAYS COMPANY'S (FORMERLY THE
CALIFORNIA RAILWAY COMPANY RIGHT OF WAY ACROSS THE SOUTH 2/3RDS
OF SAID LOT 4, SAID POINT BEING DISTANT ALONG SAID SOUTHERLY
LINE NORTH 89°49'00" WEST 209.69 FEET FROM THE SOUTHEAST CORNER
OF SAID SECTION 29; THENCE ALONG THE WESTERLY LINE OF SAID
ABANDONED RAILROAD RIGHT OF WAY, NORTH 04°40'18" WEST TO THE
NORTHERLY LINE OF SAID SOUTH 2/3RDS OF LOT 4, BEING THE SOUTH
LINE OF LAND CONVEYED TO HERBERT J. ESTES BY DEED RECORDED
DECEMBER 3, 1936 IN BOOK 600, PAGE 65 OF OFFICIAL RECORDS;
THENCE ALONG SAID NORTHERLY LINE, NORTH 89°40'18" WEST 264.46
FEET TO THE NORTHEAST CORNER OF LAND CONVEYED TO HOWARD F.
BARTON, ET UX, BY DEED RECORDED APRIL 25, 1951 AS FILE NO.
53197 IN BOOK 4072, PAGE 451 OF OFFICIAL RECORDS; THENCE ALONG
THE NORTHEASTERLY LINE OF SAID BARTON LAND, SOUTH 19°50'00"
EAST 212.25 FEET TO THE TRUE POINT OF BEGINNING; THENCE
CONTINUING ALONG SAID NORTHEASTERLY LINE AND THE SOUTHEASTERLY
PROLONGATION THEREOF, BEING ALSO THE NORTHEASTERLY LINE OF
"EXCEPTION PARCELS "A" "B" AND "C," AS DESCRIBED IN DEED TO
A.S. BURNS AND AUDIE E. BURNS, HUSBAND AND WIFE RECORDED
JANUARY 31, 1951 IN BOOK 3956, PAGE 5 OF OFFICIAL RECORDS,
SOUTH 19°50'00" EAST 546.44 FEET TO THE SOUTHEAST CORNER OF SAID
EXCEPTION PARCEL "A"; THENCE ALONG A STRAIGHT LINE CONNECTING
SAID SOUTHEAST CORNER WITH A POINT IN THE SOUTH LINE OF SAID
SECTION 29, DISTANT THEREON SOUTH 89°49'00" WEST 16.28 FEET
FROM THE POINT OF BEGINNING; SOUTH 15°17'00" EAST 42.30 FEET TO
A LINE WHICH IS PARALLEL WITH AND DISTANT 60.00 FEET WESTERLY,
MEASURED AT RIGHT ANGLES FROM THE AFOREMENTIONED WESTERLY LINE
OF SAID ABANDONED RAILROAD RIGHT OF WAY; THENCE ALONG SAID
PARALLEL LINE NORTH 04°40'18" WEST 570.01 FEET TO A LINE WHICH
BEARS SOUTH 89°40'18" EAST FROM THE TRUE POINT OF BEGINNING;
THENCE ALONG SAID LINE NORTH 89°41'18" WEST 148.50 FEET TO THE
TRUE POINT OF BEGINNING.
PARCEL 1A:
AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES OVER, UNDER,
UPON AND ACROSS A STRIP OF LAND 60.00 FEET OF EVEN WIDTH,
LOCATED WITHIN THE SOUTH 2/3RDS OF SAID LOT 4, .DESCRIBED AS
FOLLOWS:
File Number: 251709-01
BEGINNING AT THE NORTHEAST CORNER OF THE PROPERTY DESCRIBED IN
PARCEL 1 ABOVE; THENCE ALONG THE NORTHEASTERLY LINE OF SAID
PROPERTY, BEING ALONG A LINE WHICH IS PARALLEL WITH AND DISTANT
60.00 FEET WESTERLY MEASURED AT RIGHT ANGLES FORM THE WESTERLY
LINE OF THE ABANDONED PORTION OF THE ATCHISON, TOPEKA AND SANTA
FE RAILWAY COMPANY'S (FORMERLY THE CALIFORNIA RAILWAY COMPANY)
RIGHT OF WAY ACROSS THE SOUTH 2/3RDS OF SAID LOT 4, SOUTH
04 "40'18" EAST 570.01 FEET TO THE MOST SOUTHERLY CORNER OF THE
PROPERTY DESCRIBED IN PARCEL 1 ABOVE; THENCE ALONG A STRAIGHT
LINE CONNECTING SAID MOST SOUTHERLY CORNER WITH A POINT IN THE
SOUTHERLY LINE OF SAID SECTION 29, DISTANT THEREON SOUTH
89°49'00" WEST, 16.28 FEET FROM THE INTERSECTION OF SAID
SOUTHERLY LINE WITH THE WESTERLY LINE OF THE AFOREMENTIONED
ABANDONED RAILROAD RIGHT OF WAY, SOUTH 15°17'00" EAST 209.60
FEET TO THE NORTHERLY LINE OF THE SOUTHERLY 25.00 FEET OF SAID
LOT 4; THENCE ALONG SAID NORTHERLY LINE SOUTH 89°49'00" EAST
21.15 FEET TO THE WESTERLY LINE OF SAID ABANDONED RAILROAD
RIGHT OF WAY; THENCE ALONG SAID WESTERLY LINE, NORTH 04°14'18"
WEST 15.05 FEET TO THE NORTHERLY LINE OF THE SOUTHERLY 40.00
FEET OF SAID LOT 4; THENCE ALONG THE NORTHERLY LINE SOUTH
89°49'00" EAST 38.13 FEET; THENCE NORTH 15°17'00" WEST 188.48
FEET TO THE WESTERLY LINE OF SAID ABANDONED RAILROAD RIGHT OF
WAY; THENCE ALONG SAID WESTERLY LINE NORTH 04°40'18" WEST
559.01 FEET TO A LINE WHICH BEARS SOUTH 89°40'18" EAST FROM THE
POINT OF BEGINNING; THENCE ALONG SAID LINE NORTH 89°40'18" WEST
60.23 FEET TO THE POINT OF BEGINNING.
PARCEL 2: (APN 214-160-29)
PARCEL A OF PARCEL MAP NO 4383, IN THE CITY OF CARLSBAD, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 14, 1976.
PARCEL 2A:
AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES OVER, UNDER,
ALONG AND ACROSS A STRIP OF LAND 60.00 FEET OF EVEN WIDTH,
LOCATED WITHIN THE SOUTH TWO-THIRDS OF LOT 4 (SOUTHEAST QUARTER
OF THE SOUTHEAST QUARTER) OF SECTION 29, TOWNSHIP 12 SOUTH,
RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL
PLAT THEREOF, DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE SOUTH LINE OF SAID
SECTION 29 WITH THE WESTERLY LINE OF THE ABANDONED PORTION OF
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY'S (FORMERLY
THE CALIFORNIA RAILWAY COMPANY ) RIGHT OF WAY ACROSS THE SOUTH
TWO-THIRDS OF SAID LOT 4, SAID POINT BEING DISTANT ALONG SAID
SOUTHERLY LINE NORTH 89°49'00" WEST 209.69 FEET FROM THE
SOUTHEAST CORNER OF SAID SECTION 29; THENCE ALONG THE WESTERLY
LINE OF SAID ABANDONED RAILROAD RIGHT OF WAY, NORTH 4°40'18"
WEST TO THE NORTHERLY LINE OF SAID SOUTH TWO THIRDS OF LOT 4,
BEING THE SOUTH LINE OF .LAND CONVEYED TO HERBERT J. ESTES BY
DEED RECORDED DECEMBER 3, 1936 IN BOOK 600, PAGE 65 OF OFFICIAL
RECORDS; THENCE RETRACING SOUTH 4°40'18" EAST, 200.00 FEET TO A
POINT WHICH BEARS SOUTH 89°40'18" EAST FROM THE NORTHEASTERLY
File Number: 251709-01
CORNER OF LAND DESCRIBED IN PARCEL NO. 1 IN DEED TO BRUCE B.
KESNER, ET UX, RECORDED MARCH 3, 1961 AS FILE NO. 38987 OF '
OFFICIAL RECORDS, SAID POINT BEING THE TRUE POINT OF BEGINNING; 9 R
THENCE NORTH 89°40'18" WEST 60.23 FEET TO AN INTERSECTION WITH ^
A LINE WHICH IS PARALLEL WITH AND DISTANT 60.00 FEET WESTERLY
OF, MEASURED AT RIGHT ANGLES TO THE WESTERLY LINE OF SAID
ABANDONED RIGHT OF WAY, BEING ALSO THE NORTHEAST CORNER OF SAID
KESNER LAND; THENCE ALONG THE BOUNDARY OF SAID LAND, SOUTH
4°40'18" EAST 570.01 FEET TO THE MOST SOUTHERLY CORNER THEREOF;
THENCE ALONG A STRAIGHT LINE CONNECTING SAID MOST SOUTHERLY
CORNER WITH A POINT IN THE SOUTHERLY LINE OF SAID SECTION 29,
DISTANT THEREON SOUTH 89°49'00" WEST 16.28 FEET FROM THE
INTERSECTION OF SAID SOUTHERLY LINE WITH THE WESTERLY LINE OF
THE AFOREMENTIONED ABANDONED RAILROAD RIGHT OF WAY, SOUTH
15°17'00" EAST 209.60 FEET TO THE NORTHERLY LINE OF THE
SOUTHERLY 25.00 FEET TO SAID LOT 4; THENCE ALONG SAID NORTHERLY
LINE, SOUTH 89°49'00" EAST 21.15 FEET TO THE WESTERLY LINE OF
SAID ABANDONED RAILROAD RIGHT OF WAY; THENCE ALONG SAID
WESTERLY LINE, NORTH 4°40'18" WEST, 15.05 FEET TO THE NORTHERLY
LINE OF THE SOUTHERLY 40.00 FEET OF SAID LOT 4; THENCE ALONG
SAID NORTHERLY LINE, SOUTH 89°49'00" EAST, 38.13 FEET; THENCE
NORTH 15°17'00" WEST 188.48 FEET TO THE WESTERLY LINE OF SAID
ABANDONED RAILROAD RIGHT OF WAY; THENCE ALONG SAID WESTERLY
LINE, NORTH 4°40'18" WEST 559.19 FEET TO THE TRUE POINT OF
BEGINNING.
PARCEL 2B:
AN EASEMENT FOR RAILROAD SPUR RIGHT OF WAY AND UTILITY PURPOSES
OVER THAT PORTION OF THE ABANDONED ATCHISON, TOPEKA AND SANTA
FE RAILWAY COMPANY'S RIGHT OF WAY IN LOT 4 (SOUTHEAST QUARTER OF
THE SOUTHEAST QUARTER) OF SECTION 29, TOWNSHIP 12 SOUTH, RANGE
4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL
PLAT THEREOF, DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE SOUTH LINE OF SAID
SECTION 29 WITH THE WESTERLY LINE OF THE ABANDONED PORTION OF
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY'S (FORMERLY
THE CALIFORNIA RAILWAY COMPANY) RIGHT OF WAY ACROSS THE SOUTH
TWO-THIRDS OF SAID LOT 4, SAID POINT BEING DISTANT ALONG SAID
SOUTHERLY LINE, NORTH 89°49'00" WEST 209.69 FEET FROM THE
SOUTHEAST CORNER OF SECTION 29; THENCE ALONG THE WESTERLY LINE
OF SAID ABANDONED RAILROAD RIGHT OF WAY, NORTH 4°40'18" WEST TO
THE NORTHERLY LINE OF SAID SOUTH TWO-THIRDS OF LOT 4, BEING THE
SOUTH LINE OF LAND CONVEYED TO HERBERT J. ESTES, BY DEED
RECORDED DECEMBER 3, 1936 IN BOOK 600, PAGE 65 OF OFFICIAL
RECORDS; THENCE RETRACING SOUTH 4°40'18" EAST 200.00 FEET TO A
POINT WHICH BEARS SOUTH 89°40'18" EAST FROM THE NORTHEASTERLY
CORNER OF LAND DESCRIBED IN DEED TO BRUCE B. KESNER, ET UX,
RECORDED MARCH 3, 1961 AS FILE NO. 38987 OF OFFICIAL RECORDS;
THENCE SOUTH 89°40'18" EAST, A DISTANCE OF 180.00 FEET TO THE
TRUE POINT OF BEGINNING; THENCE CONTINUE SOUTH 89°40'18" EAST
20.00 FEET TO THE EASTERLY LINE OF THE LAND DESCRIBED UNDER
PARCEL 1 TO HAROLD F. BARTON, ET UX, .RECORDED A.PRIL 25, 1951 IN
BOOK 4072, PAGE 451 OF OFFICIAL RECORDS; THENCE NORTH 4°40'18"
WEST ALONG SAID EAST EASTERLY LINE OF S.AID BARTONS' LAND, A
File Number. 251709-01
DISTANCE ' OF 17.84 FEET TO AN INTERSECTION WITH THE
SOUTHWESTERLY LINE OF THE LAND DESCRIBED IN DEED TO THE
ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, RECORDED MARCH •
30, 1946 IN BOOK 2059, PAGE 466 OF OFFICIAL RECORDS; THENCE
NORTHWESTERLY ALONG SAID SOUTHWESTERLY LINE TO A POINT OF
INTERSECTION WITH A LINE FROM WHICH THE TRUE POINT OF BEGINNING
BEARS SOUTH 4°40'18" EAST; THENCE SOUTH 4°40'18" EAST TO THE
TRUE POINT OF BEGINNING.
PARCEL 3: (AFN 214-160-24)
THAT PORTION OF THE SOUTH TWO-THIRDS OF LOT 4 - SOUTHEAST
QUARTER OF THE SOUTHEAST QUARTER - OF SECTION 29, TOWNSHIP 12
SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO
OFFICIAL PLAT THEREOF; INCLUDING A PORTION OF THE ABANDONED
PORTION OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY'S
- FORMERLY THE CALIFORNIA SOUTHERLY RAILWAY COMPANY - RIGHT OF
WAY DESCRIBED AS A WHOLE AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF SAID SECTION
29, WITH THE WESTERLY LINE OF THE ABANDONED PORTION OF THE
ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY'S - FORMERLY THE
CALIFORNIA RAILWAY COMPANY - RIGHT OF WAY ACROSS THE SOUTH
TWO-THIRDS OF SAID LOT 4, SAID POINT BEING DISTANT ALONG SAID
SOUTHERLY LINE, NORTH 89°49'00" WEST 209.69 FEET FROM THE
SOUTHEAST CORNER OF SAID SECTION 29; THENCE ALONG THE WESTERLY
LINE OF SAID ABANDONED RIGHT OF WAY, NORTH 04°40'18" WEST TO
THE NORTH LINE OF THE SOUTH 40.00 FEET OF SAID LOT 4; THENCE
ALONG SAID NORTH LINE, SOUTH 89°49'00" EAST 38.13 FEET TO THE
SOUTHWESTERLY CORNER OF LAND DESCRIBED IN DEED TO ROBERT O.
WESTON, RECORDED JULY 21, 1964 AS FILE NO. 131132 OF OFFICIAL
RECORDS; THENCE ALONG THE WESTERLY BOUNDARY OF SAID LAND, NORTH
15°17'00" WEST 188.48 FEET TO THE WESTERLY LINE OF SAID
ABANDONED PORTION OF SAID RIGHT OF WAY; THENCE CONTINUING ALONG
SAID WESTERLY BOUNDARY AND THE PROLONGATION THEREOF, NORTH
04°40'18", WEST 559.19 FEET TO THE NORTHWESTERLY CORNER OF LAND
DESCRIBED IN DEED TO PAUL IVICEVIC, ET UX, RECORDED JULY 29,
1963 AS FILE NO. 131939 OF OFFICIAL RECORDS; THENCE ALONG THE
NORTH LINE OF SAID LAND, SOUTH 89°40'18" EAST 200.00 FEET TO
THE NORTHEAST CORNER THEREOF, BEING A POINT IN THE EASTERLY
LINE OF SAID ABANDONED RIGHT OF WAY; THENCE ALONG SAID EASTERLY
LINE, NORTH C4°40'18" WEST TO THE SOUTHWESTERLY LINE OF THE
EXISTING 20C.OO FOOT RIGHT OF WAY OF THE ATCHISON, TOPEKA AND
SANTA FE RAILWAY COMPANY; THENCE ALONG SAID SOUTHWESTERLY LINE,
NORTH 21°05'30" WEST, 195.00 FEET TO THE NORTHERLY LINE OF SAID
SOUTHWEST TWO-THIRDS OF LOT 4, BEING THE SOUTH LINE CONVEYED TO
HERBERT J. ESTES, BY DEED RECORDED DECEMBER 3, 1936 IN BOOK 600,
PAGE 65 OF OFFICIAL RECORDS; THENCE ALONG SAID NORTHERLY LINE,
NORTH 89°40'18" WEST 409.73 FEET TO THE NORTHEAST CORNER OF LAND
CONVEYED TO HOWARD F. BARTON, ET UX, BY DEED RECORDED APRIL 25,
1951 IN BOOK 4072, PAGE 451 OF OFFICIAL RECORDS; THENCE ALONG
THE NORTHEASTERLY LINE OF. SAID BARTON LAND, SOUTH 19°50'00"
EAST, 212.25 FEET TO THE NORTHWESTERLY CORNER OF LAND DESCRIBED
IN DEED TO BRUCE B. KESNER, ET UX, RECORDED MARCH 3, 1961 AS
FILE NO. 38987 OF OFFICIAL RECORDS; THENCE SOUTH 89°40'18"
EAST, 148.50 FEET TO THE NORTHEAST CORNER OF SAID LAND; THENCE
File Number: 251709-01
ALONG THE' EASTERLY LINE OF SAID LAND, SOUTH 04°40'18" EAST
570.0T FEET TO THE MOST SOUTHERLY CORNER OF SAID KESNER LAND;
THENCE SOUTH 15° 17'00" EAST, TO A POINT IN THE SOUTH LINE OF
SAID SECTION 29, DISTANT THEREON SOUTH 89°49'00" WEST, 16.28
FEET FROM THE POINT OF BEGINNING; THENCE NORTH 89°40'00" EAST
16.28 FEET TO THE TRUE POINT OF BEGINNING.
EXCEPTING THEREFROM THE SOUTH 25.00 FEET AS GRANTED TO THE
COUNTY OF SAN DIEGO FOR ROAD PURPOSES - ROAD SURVEY 339 - BY
DEED RECORDED JUNE 12, 1918 IN BOOK 751, PAGE 47 OF DEEDS.
PARCEL 4: (APN 214-160-19)
THAT PORTION OF THE SOUTH TWO-THIRDS OF LOT 4 (SOUTHEAST QUARTER
OF THE SOUTHEAST QUARTER) OF SECTION 29, TOWNSHIP 12 SOUTH,
RANGE 4 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO OFFICIAL
PLAT THEREOF, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 4; THENCE NORTH
89°49'00" WEST ALONG THE SOUTH LINE OF SAID LOT 4, A DISTANCE OF
467.45 FEET, MORE OR LESS, TO AN INTERSECTION WITH THE EASTERLY
LINE OF THE STATE HIGHWAY DESCRIBED IN DECREE OF -CONDEMNATION
RECORDED NOVEMBER 2, 1945 IN BOOK 1959, PAGE 465 OF OFFICIAL
RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY; THENCE NORTH 19°50'00" WEST ALONG SAID EASTERLY LINE A
DISTANCE OF 703.49 FEET TO THE TRUE POINT OF BEGINNING; THENCE
NORTH 70°10'00" EAST, 250.00 FEET; THENCE NORTH 19°50'00" WEST
PARALLEL WITH THE EASTERLY LINE OF SAID STATE HIGHWAY TO AN
INTERSECTION WITH THE SOUTHERLY LINE OF THE NORTHERLY ONE-THIRD
OF SAID LOT 4, AS CONVEYED TO HERBERT J. ESTES IN DEED RECORDED
DECEMBER 3, 1936 IN BOOK 600, PAGE 65 OF OFFICIAL RECORDS;
THENCE WESTERLY ALONG THE SOUTHERLY LINE OF THE LAND SO
CONVEYED TO ESTES TO AN INTERSECTION WITH THE EASTERLY LINE OF
SAID STATE HIGHWAY; THENCE SOUTH 19°50'00" EAST ALONG SAID
EASTERLY LINE TO THE TRUE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION THEREOF LYING WESTERLY OF A
LINE DESCRIBED AS FOLLOWS;
BEGINNING AT A POINT IN THE SOUTH LINE OF SAID LOT 4, DISTANT
ALONG SAID SOUTH LINE 325.97 FEET FROM THE SOUTHEAST CORNER OF
SAID LOT 4, SAID POINT ALSO BEING DISTANT ALONG SAID SOUTH LINE
SOUTH 89°49'10" EAST 88.23 FEET FROM ENGINEER'S STATION 196 PLUS
46.43 ON THE CENTERLINE OF THE DEPARTMENT OF PUBLIC WORK'S
SURVEY BETWEEN ENCINITAS AND OCEANSIDE ROAD XI-S.D.2-B; THENCE
ALONG A LINE PARALLEL WITH THE DISTANT 80.00 FEET NORTHEASTERLY
AT RIGHT ANGLES FROM THE CENTERLINE OF SAID SURVEY, NORTH
24°45'30" WEST, 72.54 FEET; THENCE ALONG A CURVE TO THE RIGHT
WITH A RADIUS OF 6,120.00 FEET THROUGH A CENTRAL ANGLE OF
04°55'30" A DISTANCE OF 526.06 FEET; THENCE NORTH 19°50'00"
WEST, 455.19 FEET TO A POINT IN THE NORTH LINE OF SAID SOUTH
TWO-THIRDS OF LOT 4 OF SECTION 29 DISTANT THEREON SOUTH
89°50'48" EAST, 85.13 FEET FROM ENGINEER'S STATION 207 PLUS
24.29 OF SAID SURVEY.
File Number: 251709-01
PARCEL 5: (APN 214-590-04)
PARCEL 2 OF PARCEL MAP 18332, IN THE CITY OF CARLSBAD, COUNTY OF 9526
SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 27, 1999.
EXCEPTING THEREFROM ALL OIL AND MINERAL RIGHTS BELOW 500 FEET
WITHOUT RIGHT OF SURFACE ENTRY AS RESERVED BY A.L. SHIPLEY, JR.,
CONSERVATOR OF THE ESTATE OF GEORGE H. CAPRON IN DEED RECORDED
JUNE 30 1969 AS FILE NO. 116905 AND RE-RECORDED JULY 23, 1969
AS FILE NO. 132460, BOTH OF OFFICIAL RECORDS.
PARCEL 5A:
AN EASEMENT FOR ROAD PURPOSES OVER THAT PORTION OF PARCEL MAP
18332 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, AUGUST 27, 1999 DESIGNATED AND DELINEATED ON SAID
PARCEL MAP A "PROPOSED PUBLIC STREET".
THAT PORTION OF THE SOUTH TWO-THIRDS OF LOT 4 (SOUTHEAST
QUARTER OF THE SOUTHEAST QUARTER) OF SECTION 29, TOWNSHIP 12
SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
TO OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 4; THENCE NORTH
89°49' WEST ALONG THE SOUTHERLY LINE OF SAID LOT 4 A DISTANCE
OF 467.45 FEET MORE OR LESS TO AN INTERSECTION WITH THE
EASTERLY LINE OF THE LAND DESCRIBED IN DECREE OF CONDEMNATION,
RECORDED NOVEMBER 2, 1945 IN BOOK 1959, PAGE 465 OF OFFICIAL
RECORDS, THENCE NORTH 19°50' WEST ALONG SAID EASTERLY LINE A
DISTANCE 366.49 FEET; THENCE NORTH 70°10' EAST 250.00 FEET TO
THE TRUE POINT OF BEGINNING; THENCE NORTH 19°50' WEST 335.00
FEET TO THE MOST NORTHERLY CORNER OF THE LAND DESCRIBED UNDER
PARCEL 2 IN DEED TO GLENN I. MCDOUGAL, ET UX, RECORDED MARCH
17, 1967 AS DOCUMENT NO. 36520 OF OFFICIAL RECORDS; THENCE
SOUTH 70°10' WEST 146.00 FEET TO THE MOST WESTERLY CORNER OF
SAID LAND; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID LAND AND
THE SOUTHEASTERLY PROLONGATION, SOUTH 19°50' EAST 153.77 FEET
TO A 6120 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY IN THE
EASTERLY LINE OF THE LAND CONVEYED TO THE STATE OF CALIFORNIA,
BY DEED RECORDED NOVEMBER 4, 1948 IN BOOK 3006 PAGE 104 OF
OFFICIAL RECORDS; THENCE SOUTHERLY ALONG SAID CURVE TO A LINE
WHICH BEARS SOUTH 70°10' WEST FROM THE TRUE POINT OF BEGINNING;
THENCE NORTH 70°10' EAST TO THE TRUE POINT OF BEGINNING.
PARCEL 6: (APN'S 214-160-10,11,20,AND 21)
THAT PORTION OF THE SOUTH TWO-THIRDS OF LOT 4 (SOUTHEAST
QUARTER OF THE SOUTHEAST QUARTER) OF SECTION 29, TOWNSHIP
12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
TO OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS:
File Number: 251709-01
BEGINNING 'AT THE SOUTHEAST CORNER OF SAID LOT 4; THENCE NORTH
89°49' WEST ALONG THE SOUTHERLY LINE OF SAID LOT 4 A DISTANCE
OF 467.45 FEET MORE OR LESS TO AN INTERSECTION WITH THE 9527
EASTERLY LINE OF THE LAND DESCRIBED IN THE DECREE OF
CONDEMNATION, RECORDED NOVEMBER 2, 1945 IN BOOK 1959, PAGE 465
OF OFFICIAL RECORDS, THENCE NORTH 19°50' WEST ALONG SAID
EASTERLY LINE A DISTANCE 368.49 FEET; THENCE NORTH 70°10' EAST
250.00 FEET TO THE TRUE POINT BEGINNING; THENCE NORTH 19°50'
WEST 335.00 FEET TO THE MOST NORTHERLY CORNER OF THE LAND
DESCRIBED UNDER PARCEL 2 IN THE DEED TO GLENN I. MCDOUGAL, ET
UX, RECORDED MARCH 17, 1967 AS DOCUMENT NO. 36520 OF OFFICIAL
RECORDS; THENCE SOUTH 70°10' WEST 146.00 FEET TO THE MOST
WESTERLY CORNER OF SAID LAND; THENCE ALONG THE SOUTHWESTERLY
LINE OF SAID LAND AND THE SOUTHEASTERLY PROLONGATION, SOUTH
19°50' EAST 153.77 FEET TO A 6120 FOOT RADIUS CURVE CONCAVE
NORTHEASTERLY IN THE EASTERLY LINE OF THE LAND CONVEYED TO THE
STATE OF CALIFORNIA, BY DEED RECORDED NOVEMBER 4, 1948 IN BOOK
3006 PAGE 104 OF OFFICIAL RECORDS; THENCE SOUTHERLY ALONG SAID
CURVE TO A LINE WHICH BEARS SOUTH 70°10' WEST FROM THE TRUE
POINT OF BEGINNING.
(End of Legal Description)
File Number: 251709-01