HomeMy WebLinkAboutCT 06-13; Lennar Homes of California, Inc.; 2014-0436803; Maintenance AgreementDOC
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043G803
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RECORDING IS REQUESTED
FOR THE BENEFIT OF THE CITY
OCT 08, 2014 12:03 PM
OF CARLSBAD
WHEN RECORDED MAILTO:
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J. Dtonenbuig, Ji., COUNTY RECORDER
FEES: 51.00
CITY OF CARLSBAD PAGES; 13
Attn: City Clerk Illlli lllllll lllllllllllllll lili Illlili^ 1200 Carlsbad Village Dr. 1 llllll lllll li lllll lllll lllll lllll lllll lllll lllll lllll mil mil mil mii mi im Carlsbad, CA 92008
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL
NO.
PROJECT ID
PROJECT NAME
RELATED PROJECT ID
212-050-32, 212-050-33
CT 06-13
Tabata 10
STREET TREE MAINTENANCE AGREEMENT
This Agreement is made by and between Lennar Homes of Galifornia, Inc., a California
corporation ("Owner") and the City of Garlsbad, a municipal corporation ("Gity"), (collectively,
"Parties").
Recitals
WHEREAS, Owner owns certain real property in the Gity of Carlsbad, Gounty of San
Diego, and State of Galifornia more properly described in "Exhibit A", attached hereto and
incorporated herein ("Property"); and,
WHEREAS, Owner seeks to record a final map(s) to develop Property in accordance
with Tentative Map No. GT 06-13, Tabata 10 ("Project"); and,
WHEREAS, in consideration of the Project conditions-of-approval, Owner is required to
install trees within the parkways ("Street Trees"), where parkways are defined as the areas
along the sides of streets within the public street right-of-way between the back of the curb and
the right-of-way line; and.
1
WHEREAS, Owner seeks to satisfy condition 44 of PG Resolution 6605, to ensure
ongoing maintenance is performed on Street Trees; and,
WHEREAS, the Project is located within Street Lighting and Landscaping District #1
(District). District is a financing mechanism to fund the maintenance and replacement of certain
improvements within the right-of-way including public street lights, arterial median landscaping &
irrigation, and Street Trees; and,
WHEREAS, In lieu of District performing maintenance of Street Trees, Owner may elect
to perform said maintenance and, provided Street Tree maintenance is performed pursuant to
the terms of this Agreement, District will not perform Street Tree maintenance within Project
limits. However, District will continue to assess Property Street Tree maintenance costs for city-
wide trees located outside Property and Street Trees limits pursuant to the rights ofthe District.
NOW, THEREFORE, in consideration ofthe mutual covenants herein, the Parties agree
as set forth below.
1. street Trees. Owner has prepared construction plans to install Street Trees in
accordance with the Project conditions-of-approval, Gity of Carlsbad's Community Forest
Management Plan, Landscape Manual, Municipal Code, Council Policy on Street Trees, and
Gity Standards, all as shown on the approved landscape and irrigation plan(s), DWG 472-7L,
(collectively "Landscape Plans") on file with the Gity. In addition to installing Street Trees, the
Landscape Plans described herein detail construction of other items not covered by this
Agreement. The term Street Trees, for the purposes of this Agreement, shall not include other
items, other items include, but are not limited to turf, shrubbery, groundcover, irrigation, and
hardscape ("Other Items"). However, nothing in this Agreement shall preclude Owner or the
Association referred to in Paragraph 12 below from maintaining the other items.
2. street Tree Maintenance. Upon construction of Project improvements and Gity
release of security of Project improvements. Owner agrees, at its sole cost and expense, to
maintain, repair, and replace, the Street Trees described herein. The locations of Street Trees
covered by this Agreement are described in "Exhibit B", attached hereto. The maintenance
obligations are described as:
a. Owner shall perform all necessary maintenance on Street Trees including but not
limited to trimming, pruning, staking, root barriers, and street tree replacement, all in
accordance with the Gity of Carlsbad's Community Forest Management Plan, Landscape
Manual, Municipal Code, Council Policy on Street Trees, and Gity Standards to ensure Street
Trees are maintained in a healthy condition. Owner shall install only those species of street
trees as approved by the Gity. Owner is responsible to maintain street trees in locations as
shown on the approved Landscape Plan. Owner shall not remove or relocate street trees to
alternate locations without written prior approval from the Gity. Owner shall perform
maintenance to prevent and, if necessary, address any immediate health and safety concerns
including but not limited to fallen Street Trees, overgrowth into vehicular or pedestrian travel
way, root damage to sidewalks, and visual impairments related to traffic movements. All
maintenance activities in this paragraph are described as "Street Tree Maintenance",
hereinafter.
Unless otherwise approved by the Gity, all Street Trees removed due to death shall be replaced
by the Owner with a Street Tree of the same species as the one removed, and within the same
vicinity as the one removed. The replacement Street Tree shall be of a minimum 15-gallon
container size, and shall be installed by the Owner no later than 45 days from the date the prior
Street Tree was removed.
3. Parkway Irrigation. Owner, at its sole cost and expense, shall provide for all
ongoing irrigation required to ensure adequate growth and, once established, to maintain the
Street Trees covered by this Agreement. Owner is responsible to maintain all Irrigation
Improvements as shown on the Landscape Plan (Irrigation Improvements). Owner shall
perform necessary inspections of irrigations systems and controllers to make adjustments of
seasonal water demands and irrigation heads to provide the necessary water for Street Trees.
4. Successors and Assigns. This Agreement shall be binding and inure to the benefit
of the parties hereto and their respective legal representatives, successors, and assigns.
3
Owner agrees to incorporate this Agreement by reference in any subsequent deeds to the
property, but any failure to do so does not invalidate this provision.
5. Permits Required. Owner shall obtain all necessary permits required to perform
Street Tree Maintenance in Gity right-of-way.
6. Indemnity. Owner shall defend, indemnify and hold harmless the Gity, its officers,
employees and agents from any actions, suits, claims, damages to persons or property, costs
including attorney's fees, penalties, obligations, errors, omissions, demands, liability, or loss that
may be asserted or claimed by any persons, firm, or entity arising from the Owner performing
Street Tree Maintenance, or lack thereof, described herein.
7. Responsibility of Plans. Approval of the Landscape Plans by the Gity shall not
constitute an assumption by the Gity of any responsibility for such damage, costs, etc. Gity shall
not be an insurer or surety for the design, construction or maintenance of the Street Trees
pursuant to the Landscape Plans, nor shall any officer or employee thereof be liable or
responsible for any accident, loss or damage happening or occurring while performing Street
Tree Maintenance as specified in this Agreement.
8. Notices. Any notice which is required or may be given pursuant to this Agreement
shall be sent in writing by United States mail, first class, postage pre-paid, registered or certified
with return receipt requested, or by other comparable commercial means and addressed as
follows:
If to the Gity: If to the Owner:
Gity of Garlsbad, Gity Engineer Lennar Homes of Galifornia, Inc.,
1635 FaradayAvenue 25 Enterprise, Ste. 300,
Garlsbad GA 92008 Aliso Viejo, GA 92656
which addresses may be changed from time to time by providing notice to the other party in the
manner described above.
9. Lien Capability. Subsequent to Owner notice, and lack of action to remedy the
breach of terms of this Agreement, the Gity may have the right, but the not the obligation to
perform certain Street Tree Maintenance to address issues that may involve public safety and
the welfare of the public ("Public Safety Street Tree Maintenance"). The Gity may elect, at its
own discretion, to bill to Owner the costs the Gity incurred to perform Public Safety Street Tree
Maintenance covered by this Agreement ("Invoice"). The Owner shall pay the full amount
invoice amount within 60-days of the date of Invoice. If after 60-days of non-payment of said
Invoice, the amount listed on the Invoice shall constitute a lien on the Owner's Property subject
to enforcement and foreclosure in accordance with Galifornia State law. However, the lien rights
set forth in the declaration of restrictions required pursuant to Gondition(s) 19d of Gity Planning
Gommission Resolution No. 6605, shall apply instead of the lien rights set forth in this
Paragraph with respect to those portions of the Property that become annexed to the
declaration of restrictions.
10. District. Pursuant to the conditions of approval. Project will be annexed into the
District to cover the maintenance of certain improvements within Gity right-of-way. In lieu of
District performing maintenance of Street Trees, Owner may elect to perform said maintenance
and, provided Street Tree maintenance is performed pursuant to the terms of this Agreement,
District will not perform Street Tree maintenance within Project limits. However, District will
continue to assess Property Owners maintenance costs for city-wide street trees.
11. Failure to Maintain. In the event that the Owner fails, at any time to perform Street
Tree Maintenance, the failure may be considered a breach of terms of this Agreement. The Gity
is the sole arbiter to evaluate the Owner performance of Street Tree Maintenance. The Gity
may elect, in the public's interest that the District take over Street Tree Maintenance. Upon the
City's determination, the Gity shall provide one (1) written notice to inform Owner that the
District intends take over Street Tree Maintenance covered by this Agreement. Within 90-days
after receipt of said notice, the District will take over responsibility of Street Tree Maintenance
and all property owners within the Project will, hereinafter, become annually assessed the
current assessment rate most recently approved by Gity Council, consistent with the District
requirements. The District, by assuming Street Tree Maintenance, shall not assume any
obligation to maintain Other Items or Irrigation Improvements. Owner is responsible to maintain
5
Irrigation Improvements and provide for ongoing irrigation necessary to maintain all landscaping
in the Parkway, including but not limited to Street Trees as described above.
12. Homeowners Association. Owner represents to Gity that it intends to, and has the
authority to, unilaterally transfer said Street Tree Maintenance to a Homeowners Association, as
defined in Civil Code Section 1351(a) ("Association"), for the Project and that such transfer has
been provided for in the Declaration, and that such document(s) include the Street Tree
Maintenance provisions described herein. Upon or prior to transfer of obligations under this
Agreement to an Association for a portion of the Property, that portion of the Property shall be
annexed to the declaration of restrictions required pursuant to Gondition(s) 19d of Gity Planning
Gommission Resolution(s) No. 6605 which shall include provisions to collect adequate funds to
perform Street Tree Maintenance covered by this Agreement. Transfer to an Association shall
not reduce, limit, or modify the obligations and terms set forth in this Agreement. Nothing in this
Agreement is intended to prevent the transfer to the Association of any obligations under this
Agreement
13. Capacity. Each party represents that the person(s) executing this Agreement on
behalf of such party have the authority to execute this Agreement and by such signature(s)
thereby bind such party.
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IN WITNESS WHEREOF, the undersigned has executed this instrument this ^
day of _
OWNER
Lennar Homes of Galifornia, a Galifornia
corporation
By:
By:
^.{feign Here)
( John Baayoun
\ (Print Name Here)
Vice President, Lannar Homes of
Galifornia \^// ,
/(Sign Here)
Jonathan Jaffe
(Print Name Here)
Chief Operating Officer, Lennar Homes
of California
(Print title)
CITY OF CARLSBAD
a Municipal Corporation of the State
of California
By:
ATTEST:
By:
APPROVED AS TO FORM:
CELIA A. BREWER
Gity Attorney
By:
Deputy Gity AttoViey
(Proper notarial acknowledgment of execution by OWNER 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.)
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of S^H l^egO
On ^JT^ lD)ajh\4
before me,
' (Here insetWAme and title of the offidsty personally appeared
who proved to me on the basis of satisfactory evidence to be the person^ whose name^) is/afe subscribed to
the within instrument and acknowledged to me that he/shc/they executed the same in his/hor/tbeir authorized
capacity(ies), and that by his/hcr/thotf signature(s-) on the instrument the person('»), or the entity upon behalf of
which the person(-!r) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
A.
Signature re ofNotary Public \5 \\ (Notary Seal)
MORGEN FRY
Commission # 1918442
Notary Public - California
San Diego County ^
Comni Ex^res Dw H^014j^
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
(Title or descnption of attached document)
(Title or description of attached document continued)
Numberof Pages Document Date
(Additional information)
CAPACITY CLAIMED BY THE SIGNER
• Individual (s)
• Corporate Officer
(Title)
• Partner(s)
• Attorney-in-Fact
• Trustee(s)
• Other
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in California must contain verbiage exactly as
appears above in the notary section or a separate acknowledgment form must be
properly completed and attached to that documenl. The only exception is if a
document is to be recorded outside of California. In such instances, any altemative
acknowledgment verbiage as may be printed on such a document so long as the
verbiage does not require the notary to do something that is illegal for a notary in
California (i.e. certifying the authorized capacity of the signer). Please check the
document carefully for proper notarial wording and attach this form if required.
• State and County information must be the State and County where the document
signer(s) personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s) personally appeared which
must also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title (notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
• Indicate the correct singular or plural forms by crossing off incorrect forms (i.e.
he/she/thoy, is /afe) or circling the correct fonns. Failure to correctly indicate this
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Impression must not cover text or lines. If seal impression smudges, re-seal if a
sufficient area permits, otherwise complete a different acknowledgment form.
• Signature of the notary public must match the signature on file with the office of
the county clerk.
• Additional information is not required but could help to ensure this
acknowledgment is not misused or attached to a different document.
• Indicate title or type of attached document, number of pages and date.
• Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate ofBcer, indicate the title (i.e. CEO, CFO, Secretary).
• Securely attach this document to the signed document
2008 Version CAPA vl2.10.07 800-873-9865 www.NotaryClasses com
ACKNOWLEDGMENT
State of Galifornia
Gounty of Orange
On Augusts, 2014 before me, Jolie Lannon-Berry, Notary Public
(insert name and title of the officer)
personally appeared John Baayoun and Jon Jaffe
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)/H{?are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
hi«/her/their authorized capacity(ies), and that by his/l=ief/their signature(s) on the instrument the
person(s), orthe 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 Galifornia that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
JOUE LANNON-BERRY t
Commission # 1965722 I
Notary Public - California 1
^ Orange County 5
My Comm. Expires Jan 6, 2016 t
EXHIBIT A
LEGAL DESCRIPTION
Real property in the City of Carlsbad, County of San Diego, State of Califomia, described as follows:
PARCEL A
PARCEL 2 OF PARCEL MAP NO. 2481, IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN
^Jf^S'f^^''^ CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, MARCH 21, 1974 AS INSTRUMENT NO. 74-071006 OF OFFICIAL RECORDS.
PARCEL Al:
AN EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS FOR ROAD PURPOSES
I°cS^? nlT^IS IS 11:""^ ^ ^^"^^ ^0 ^VER, ALONG AND ACROSS
A STRIP OF LAND 40.00 FEET IN WIDTH LYING WITHIN LOTT" OF RANCHO AGUA HEDIONDA
IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDINrTO MAP TH^^^^^^
™^ ™^ ^^^^ RECORDER OF SAN DIEGO COUNTf, NOVEMBER
16, 1896, IN THE CENTER UNE OF SAID 40.00 FOOT STRIP BEING DESCRIBED AS FOLLOWS:
COMMENCING AT POINT 1 OF SAID LOT "F" AS SHOWN ON SAID MAP NO 823 THENCE SOUTH
WHTHI; JrS'nM ' "^^^^^^^ °F 229 00 FE'E^TA PO°N™
WHICH IS DESIGNATED ON SAID MAP NO. 823 AS POINT 23 OF SAID LOT"F" WHICH POINT IS
THE MOST NORTHERLY CORNER OF U^HD DESCRIBED IN DEED FROM CHARLES KELLY AND
LAVINIA I. KELLY TO ELMER L. CARPENTER RECORDED JUNE 1, 1937 IN BOOK 662 PAGE 75
SPS?;/na^Jno?.i^^^^ ^^ID CARPENTER'S UND BEING NOWTHE
n^™7 ^^^^^^ ^- ^^^^ '^^^ ^NIS M. HICKS, HUSBAND AND WIFE BY DEED TO THEM
?M™ INSTRUMENT NO, 24654 (TORRENS), RLED IN THE OFFICE OF
I^o^ScofS^J^i^^*^ ^'^^ "^"^"^^^ ALONG THE WESFERLY AND NORTHWESTERLY BOUNDARY LINES OF SAID CARPENTER'S (HICKS') LAND AS FOLLOWS:
SOUTH 11°51' 12" WEST, 315.60 FEET TO AN ANGLE POINT; AND SOUTH 42°55'37'' WEST
374.50 FEET TO THE MOST WESTERLY CORNER OF SAID LAND; THENCE ALONG THE
SOUTHERLY BOUNDARY OF SAID HICKS' PROPERTY, SOUTH 54°10'08" EAST A DISTANCE OF
M. lr^lITS;]Icl'^nSS^^^ ™^ ^'^'^^ EASEMEMT GRANTED TO CARLSBAD
MUNIQPAL WATER DISTRICT BY DEED RECORDED JULY 2, 1962 AS INSTRUMENT NO 111781
OF OFRCIAL RECORDS AND KNOWN AS UNE "D" OF THE C.M.W.D; THENCE ON AND ALONG
THE CENTER LINE OF SAID UNE "D" OF THE C.M.W.D AND ON AND ALONG TTHE
NORTHWESTERLY BOUNDARY UNES OF LANDS DESCRIBED AS PARCELS 1 AND 2 IN DEED TO
JOHN ALLEN ASSOCIATES, A UMITED PARTNERSHIP, RECORDED DECEMBER 31 1969 AS
INSTRUMENT NO. 236220 OF OFRCIAL RECORDS SOUTH 42°38'52" WEST (CMWD DEED
SOUTH 42°23'32" WEST, AND JOHN ALLEN ASSOCIATES DEED - SOUTH 42°24'42""wESn A
DISTANCE OF 938.72 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
SOUTHEASTERLY HAVING A RADIUS OF 600.00 FEET, THENCE SOUTHWESTERLY ALONG THE
ARC OF SAID CURVE, 269.80 FEET TO A POINT IN SAID CURVE, THENCE TANGENT TO SAID
S^^nif 16<'38'52" WEST, 386.15 FEET TO THE SOUTHWESTERLY CORNER OF LAND
DESCRIBED IN DEED TO JAMES A. DYE AND MARILYNN E. DYE, HUSBAND AND WIFE
^^^^ ^ INSTRUMENT NO. 236219 OF OFRQAL RECORDS; THENCE
ON AND ALONG THE SOUTHWESTERLY BOUNDARY UNE OF SAID DYE PROPERTY AND
CONTINUING ON THE SAME UNE ALONG THE SOUTHWESTERLY BOUNDARY UNE OF LAND
ALLOTTED TO BARBARA J. HIGDON AND DESCRIBED AS PARCEL 2 IN DECREE OF PARTITION
SAN DIEGO COUNTY SUPERIOR COURT, CASE NO. 263205, A COPY OF WHICH WAS RECORDED
™P CA Jp', iff.^'L^,')!^"'^^^'^ 52516 OF OFRCIAL RECORDS, AND CONTINUING ON
THE SAME UNE ALONG THE SOUTHWESTERLY BOUNDARY UNE OF PARCEL 2 OFTHE
AFOREMENTIONED DEED TO JOHN ALLEN ASSOCIATES RECORDED DECEMBER 31 1969 AS
i')'!!!^^'^^'^"^ ^^^22° °^ OFRCIAL RECORDS, SOUTH 52°32'21" EAST, A TOTAL DISTANCE
ALONG SAID UNE OF 1214.69 FEET, TO THE MOST SOUTHERLY CORNER OF SAID PARCEL 2 OF
JOHN ALLEN ASSOCIATES' LAND, WHICH CORNER IS THE MOST SOUTHERLY TERMINUS OF
Page 1 tfp 5
Rev. NAT 8/20/13
Order No. 92070-1249700-13
THE CENTER UNE OF THE EASEMENT AND RIGHT OF WAY DESCRIBED HEREBY, EXCEPTING
FROM SAID EASEMENT AND RIGHT OF WAY, ABOVE DESCRIBED, THAT PORTION WFTHIN
PARCEL A HEREIN ABOVE DESCRIBED.
PARCEL B:
PARCELl OF PARCEL MAP NO. 2481, IN THE CFTY OF CARLSBAD, COUNTY OF SAN DIEGO
STATE OF CAUFORNIA, AS SHOWN ON PAGE 2481 OF PARCEL MAPS, RLED IN THE OFRCE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 21, 1974 AS INSTRUMENT NO. 74-
071006 OF OFRCIAL RECORDS.
PARCEL Bl:
AN EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS FOR ROAD PURPOSES,
TOGETHER WFTH THE RIGHT TO CONVEY THE SAME TO OTHERS, OVER ALONG AND ACROSS A
STRIP OF LAND 40.00 FEET IN WIDTH LYING WITHIN LOT"F" OF RANCHO AGUA HEDIONDA,
IN THE COUNTY OF SAN DIEGO, STATE OF CAUFORNIA, ACCORDING TO MAP THEREOF NO.
823, RLED IN THE OFRCE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER
16, 1896, THE CENTER UNE OF SAID 40.00 FOOT STRIP BEING DESCRIBED AS FOLLOWS:
COMMENCING AT POINT 1 OF SAID LOT "F" AS SHOWN ON SAID MAP NO. 823, THENCE SOUTH
25°01'05" EAST (RECORD - SOUTH 24''45'00" EAST), A DISTANCE OF 229.00 FEET TO A POINT
WHICH IS DESIGNATED ON SAID MAP NO. 823 AS POINT 23 OF SAID LOT T" WHICH POINT IS
THE MOST NORTHERLY CORNER OF LAND DESCRIBED IN DEED FROM CHARLES KELLY AND
LAVINIA I. KELLEY TO ELMER L. CARPENTER, RECORDED JUNE 1, 1937 IN BOOK 662, PAGE 75
AS INSTRUMENT NO. 26781 OF OFFICIAL RECORDS, SAID CARPENTER'S IAND BEING NOW THE
PROPERTY OF ROBERT E. HICKS AND INIS M. HICKS, HUSBAND AND WIFE, BY DEED TO THEM
RECORDED JULY 22, 1948 AS INSTRUMENT NO. 24654 (TORRENS), RLED IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG THE WESTERLY AND
NORTHWESTERLY BOUNDARY UNES OF SAID CARPENTERS' (HICKS') LAND AS FOLLOWS:
SOUTH 1P51'12" WEST 315.60 FEET TO AN ANGLE POINT, AND SOUTH 42°55'37" WEST
374.50 FEET TO THE MOST WESTERLY CORNER OF SAID LAND; THENCE ALONG THE
SOUTHERLY BOUNDARY OF SAID HICKS' PROPERTY, SOUTH 54''10'08" EAST A DISTANCE OF
2.14 FEET TO THE CENTER UNE OF THE WATER UNE EASEMENT GRANTED TO CARLSBAD
MUNICIPAL WATER DISTRICT BY DEED RECORDED JULY 2, 1962 AS INSTRUMENT NO. 111781
OF OFRCIAL RECORDS AND KNOWN AS UNE "D" OF THE C.M.W.D. THENCE ON AND ALONG
THE CENTER UNE OF SAID UNE "D" OF THE C.M.W.D. AND ON AND ALONG THE
NORTHWESTERLY BOUNDARY UNES OF LAND DESCRIBED AS PARCELS 1 AND 2 IN DEED TO
JOHN ALLEN ASSOCIATES, A UMFTED PARTNERSHIP, RECORDED DECEMBER 31, 1969 AS
INSTRUMENT NO. 236220 OF OFRCIAL RECORDS, SOUTH 42'>38'52'' WEST, (C.M.W.F - DEED -
SOUTH 42°23'32" WEST AND JOHN ALLEN ASSOCIATES DEED - SOUTH 42» 24' 42" WEST) A
DISTANCE OF 938.72 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
SOUTHEASTERLY HAVING A RADIUS OF 600.00 FEET; THENCE SOUTHWESTERLY ALONG THE
ARC OF SAID CURVE, 269.80 FEET TO A POINT IN SAID CURVE; THENCE TANGENT TO SAID
CURVE SOUTH 16°38'52" WEST, 386.15 FEET TO THE SOUTHWESTERLY CORNER OF LAND
DESCRIBED IN DEED TO JAMES A. DYE AND MARILYN E. DYE, HUSBAND AND WIFE, RECORDED
DECEMBER 31, 1969 AS INSTRUMENT NO. 236219 OF OFFICIAL RECORDS; THENCE ON AND
ALONG THE SOUTHWESTERLY BOUNDARY UNE OF SAID DYE PROPERTY AND CONTINUING ON
THE SAME UNE ALONG THE SOUTHWESTERLY BOUNDARY UNE OF LAND ALLOTTED TO
BARBARA J. HIGDON AND DESCRIBED AS PARCEL 2, IN DECREE OF PARTITION, SAN DIEGO
COUNTY SUPERIOR COURT, CASE NO. 263205, A COPY OF WHICH WAS RECORDED MARCH 24,
1965 AS INSTRUMENT NO. 52516 OF OFRQAL RECORDS, AND CONTINUING ON THE SAME
UNE ALONG THE SOUTHWESTERLY BOUNDARY UNE OF PARCEL 2 OF THE AFOREMENTIONED
DEED TO JOHN ALLEN ASSOCIATES, RECORDED DECEMBER 31, 1969 AS INSTRUMENT NO
236220 OF OFRCIAL RECORDS, SOUTH 52°3221", A TOTAL DISTANCE ALONG SAID UNE OF
1214.69 FEET TO THE MOST SOUTHERLY CORNER OF SAID PARCEL 2 OF JOHN ALLEN
ASSOCIATES LAND, WHICH CORNER IS THE MOST SOUTHERLY TERMINUS OF THE CENTER
UNE OF THE EASEMENT AND RIGHT OF WAY DESCRIBED HEREBY.
Page Z of 3
'^^•''-"'''^'^^ Order No. 92070-1249700-13
exHmiT A
EXCEPTING FROM SAID EASEMENT AND RIGHT OF WAY, ABOVE DESCRIBED, THAT PORTION
THEREOF LYING WFTHIN PARCEL B HEREIN ABOVE DESCRIBED.
APN: 212-050-32-00 and 212-050-33-00
Page 3 cf 3
Rev. NAT 8/20/13
Order No. 92070-1249700-13
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