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HomeMy WebLinkAboutSDP 05-14; WEST CREST OCEANFRONT LLC; 2011-0032122; Hold Harmless Agreement/ReleaseDOCtt 2011-0032122 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. Dronenburg, Jr., COUNTY RECORDER FEES: 0.00 9528 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 DRAINAGE In consideration of the City's approval of a drainage plan(s) (DWG 468-3A) for development to occur on property more particularly described as (See attached Exhibit "A"), I/We, Wave Crest Oceanfront 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 employee thereof be liable or responsible for any accident, loss or damage happening or 1 H:\Development Services\PROJECTS\SDP FILESNSDP 05\SDP 05-14 Hilton Carlsad Beach Resort and Spa - Jimeno\Bonds and AgreemenftHOLD HARMLESS AGREEMENT DRAINAGE (DWG 468-3J.doc 9529 occurring 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. IN WITNESS WHEREOF, the undersigned has executed this instrument this /^ day of //{LfT&^r , 20 I& . 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.jSanepa, President By: _ (Sign Here) 77 William L. Canepa, President (Print Name and Title) Date: / i. / 1 6 /; o APPROVED AS TO FORM: RONALD R. BALLCity Attorney Bv: Deputy City Attonney (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.) 2 H:\Development Services\PROJECTS\SDP FILES\SDP 05\SDP 05-14 Hilton Carlsad Beach Resort and Spa - Jimeno\Bonds and AgreementMHOLD HARMLESS AGREEMENT DRAINAGE (DWG 468-3J.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 9530 State of California^., County of On personally appeared before me,Arthur P. Arquffla, Notary PuWic Here Insert Name and Tme c4 the Officer Name«) of Signers) "•••nOFFICIAL SEAL I ARTHUR P. ARQUILLA * NOTARY PUBLIC-CALIFORNIA^ COMM. NO. 1872932 - SAN DIEGO COUNTY | MY COMM. EXP. JAN. 7,2014 I who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)(1^are subscribed to the within instrument and acknowledged to me that /fjjpshe/they executed the sarne irXS^her/their authorized capacity(ies), and that b£hjSj/herAheir signature(s) on the instrument the person(sjTor 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.^ WITNESS ray hand, and offiefalseal. F'lctce Notary Seal Above Signature OPTIONAL - ( Signature oMfotary Public Though the information below is not required by law, it may prove valuable to persons relying on the document 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 CH Attorney in Fact D Trustee D Guardian or Conservator D Other: ___ RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing: Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: RIGHT THUf.lBPRIr. OF SIGNER Top of thumb here Signer is Representing:. © 2007 National Notary Association* 9350 De Soto Ava., PO. Box 2402* Chatsworth, CA 91313-2402* www.NationalNotary.org ttem 05907 Reorder Call Tofl-Re« 1-8OO-87&-SS27 9531 EXHIBIT "A" 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: (APN 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 9532 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 I 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.OS 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 CONNER 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; 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 APRIL 25, 1951 IN BOOK 4072, PAGE 451 OF OFFICIAL RECORDS; THENCE NORTH 4°40'18" WEST ALONG SAID EAST EASTERLY LINE OF SAID 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: (APN 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 T.HE 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 21005'30" 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 SOU.TH 89°40'18" EAST, 148.50 FEET TO THE NORTHEAST CORNER OF SAID LAND; THENCE File Number: 251709-01 Q j- n J >/ D O H ALONG 'THE EASTERLY LINE OF SAID LAND, SOUTH 04°40'18" EAST 570.01 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 9535 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)9536 PARCEL 2 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. 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 9537 OF 467.45 FEET MORE OR LESS TO AN INTERSECTION WITH THE 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