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HomeMy WebLinkAboutSDP 05-14; WEST CREST OCEANFRONT LLC; 2011-0032120; Permanent Stormwater Agreement\(ff\ RECORDING REQUESTED BY: City of Carlsbad Development Services Department WHEN RECORDED MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 DOCtt 2011-0032120 JAN 18, 2011 3:59 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernesl J. Dronenburg, Jr., COUNTY RECORDER FEES: 60.00 PAGES:9503 16 SPACE ABovc i nio LINE i-UK KtUOKDER'S USE ASSESSOR'S PARCEL NO. 214-160-11.13,19.20,21.24 PROJECT ID. SDp05.14 PERMANENT STORMWATER QUALITY BEST MANAGEMENT PRACTICE MAINTENANCE AGREEMENT DATE OF AGREEMENT:. ~) t '%Ol\ OWNER NAME: Wave Crest Oceanfront LLC PROJECT NAME: Hilton Carlsbad Beach Resort RESOLUTION NUMBER: 6556 CONDITION NUMBER: 32 DRAWING NUMBER: DWG 468-3A, 468-3 STORM WATER MANAGEMENT PLAN (SWMP) NUMBER: 10-09 This Agreement is made and entered into by and between the City of Carlsbad, California, a Municipal Corporation of the State of California, hereinafter referred to as "City"; and the Property Owner, named on the current Deed of Trust as referenced above, its successors and assigns, hereinafter referred to as "Owner". The term "successors and assigns" as used in this Agreement includes, but is not limited to, an "Association" as defined in Civil Code Section 1351 (a) and commonly referred to as a property owners association. RECITALS WHEREAS, Owner is proceeding to develop a property more particularly described in Exhibit A, hereinafter referred to as "the Property"; and 08/11/2010 Page 1 of 7 9503 WHEREAS, development of the Property has been approved by the City, and is subject to the requirements of the State of California Regional Water Quality Control Board-San Diego Region Order No. ORDER NO. R9-2007-01/NPDES NO. CAS0108758, as promulgated within the City of Carlsbad Public Works Department, Storm Water Standards Manual, 2004 Edition, hereinafter referred to as "storm water regulations" and incorporated herein by this reference; and WHEREAS, the Owner is required to comply with all Federal, State and Local storm water regulations by employing permanent post-construction Best Management Practices (BMP's), hereinafter referred to as "permanent BMP(s)" to ensure impacts to storm water quality are mitigated to the Maximum Extent Practicable (MEP) prior to being discharged from the Property; and WHEREAS, the City and the Owner, its successors and assigns agree that the health safety, and welfare of the residents of Carlsbad, California, require that permanent BMP(s) be established, constructed, inspected, and operated and maintained in perpetuity on the Property; and WHEREAS, the storm water regulations require that permanent BMP(s) be established, constructed and adequately inspected, operated and maintained by the Owner, its successors and assigns, including any homeowner or property owner association; and WHEREAS, the Owner has caused to be prepared a Storm Water Management Plan (SWMP) report and drawing(s) which together detail the objectives, design, construction, inspection and operation and maintenance responsibility requirements of the permanent BMP(s) recommended to mitigate impacts to storm water quality due to the development of the Property, hereinafter collectively referred to as the "Storm Water BMP Plan" and incorporated herein by this reference; and, WHEREAS, storm water regulations require that the City ensure the continued existence and inspection, operation and maintenance of the permanent BMP(s); and WHEREAS, the City has required the recordation of this Agreement as a condition of approval of the project that secures the construction, inspection, operation and maintenance of on- 08/11/2010 Page 2 of 7 9504 site permanent BMP(s) by the Owner, its successors and assigns, including any property owners association, in perpetuity, and NOW, THEREFORE, in consideration of the approval of this project, the foregoing promises, the mutual covenants contained herein, and the following terms and conditions, Owner and City agree as follows: 1. Owner shall comply with all the requirements of said storm water regulations and any applicable amendments thereto, and with any other provisions of law. 2. The permanent BMP(s) shall be established and constructed by Owner, its successors and assigns, in accordance with the plans and specifications identified in the Storm Water BMP Plan and modification to the approved permanent BMP(s) shall not be made without prior approval of the City Engineer. 3. Owner, its successors and assigns, including any homeowner or property owner association, shall adequately, inspect, operate and maintain the permanent BMP(s). This includes private (non-public) pipes and channels built to convey storm water to the facility, as well as all private structures, improvements, and vegetation provided to control the quantity and quality of the storm water runoff and any associated practices and programs. Adequate maintenance is herein defined as good working condition so that the permanent BMP(s) are performing in accordance with their design objectives and functions. 4. Owner, its successors and assigns, shall inspect applicable permanent BMP(s) as often as conditions require, or at frequencies recommended in the approved Storm Water BMP Plan, but in any event at least once each year prior to the rainy season. The purpose of the inspection is to assure continued safe and proper functioning of the facilities. The inspection shall cover the entire facilities, berms, outlet structure, pond areas, access roads, etc. Owner shall submit an inspection report annually to the City in a form as proscribed in the Storm Water BMP Plan or as may be proscribed by the City. Deficiencies shall be noted in the inspection report. Any deficiencies, repairs or maintenance obligations shall be noted in a record form and immediately remedied by the Owner. 08/11/2010 Page 3 of 7 9505 5. Owner shall maintain inspection, operation and maintenance records for at least five (5) years. These records shall be made available to the City for inspection upon request at any time. 6. Owner, its successors and assigns, hereby grant permission to the City, its authorized agents and employees, to enter upon the Property and to inspect the permanent BMP(s) whenever the City deems necessary. The purpose of inspection is to follow-up on reported deficiencies to respond to State and Federal mandated storm water facility inspection requirements and/or to respond to citizen complaints. The City shall provide Owner, its successors and assigns, copies of the inspection findings and a directive to commence with the repairs or corrective measures if necessary. 7. In the event the Owner, its successors and assigns, fails to take corrective action to maintain the permanent BMP(s) in good working condition acceptable to the City, the City may enter upon the Property and take whatever steps necessary to correct deficiencies identified in the inspection report and to charge the costs of such repairs to the Owner, its successors and assigns. This provision shall not be construed to allow the City to erect any structure of permanent nature on the land of the Owner outside of the easement for the permanent BMP(s), if an easement is provided, or outside the limits of the permanent BMP(s) facility footprint described on the Storm Water BMP Plan, if an easement is not provided. It is expressly understood and agreed that the City is under no obligation to routinely maintain or repair said facilities, and in no event shall this Agreement be construed to impose any such obligation on the City. 8. Owner, its successors and assigns, will perform the work necessary to keep the permanent BMP(s) in good working order as appropriate. In the event a maintenance schedule for the permanent BMP(s) is outlined in the approved Storm Water BMP Plan, the schedule shall be followed. 9. In the event the City pursuant to this Agreement, performs work of any nature, or expends any funds in performance of said work for labor, use of equipment, supplies, materials, and the like, the Owner, its successors and assigns, shall reimburse the City upon demand, within thirty (30) days of receipt thereof for all actual costs incurred by the City hereunder. If not paid 08/11/2010 Page 4 of 7 9506 within the prescribed time period, the City shall secure a lien against the Property in the amount of such costs. The actions described in this section are in addition to and not in lieu of any and all legal remedies available to the City as a result of Owner's failure to maintain the permanent BMP(s). 10. Owner agrees that the permanent BMP(s) are privately-owned, operated and maintained by the Owner and acceptance of the work by the City shall not constitute a responsibility of the City to maintain them nor a Waiver of Defects by City. 11. Owner agrees that all residual material that is a byproduct of the proper operation and maintenance of permanent post-construction BMP's (waste) will be disposed of according to all federal, state and local regulations. 12. Unless otherwise specifically provided herein, all notices, demands or other communications given hereunder shall be in writing and shall be deemed to have been duly delivered upon personal delivery, or by Federal Express (or similar reputable express delivery service) or by facsimile transmission with back-up copy mailed the same day, or as of the second business day after mailing by United States Certified Mail, return receipt requested, postage prepaid, addressed as shown below. Notices required to be given to Owner shall be addressed as follows: Notices to the Owner shall be delivered to the following: Wave Crest Oceanfront LLC 829 Second Street, Suite A Encinitas, CA 92024 Attention: Telephone No.: (760) 753-2440 Facsimile No.: E-mail Address: Notices to City shall be delivered to the following: City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Attention: City Engineer Telephone No.: (760)602-2730 Facsimile No.: (760)602-8562 08/11/2010 Page 5 of 7 9507 Each party shall notify the other immediately of any changes of ownership or address that would require any notice delivered hereunder to be directed to another Owner and/or to another address. In the event Owner fails to notify City of any change of ownership, the new Owner and the Owner whose name appears above, or whose name and address has been subsequently provided to the City pursuant to this provision, shall jointly be responsible for the operation and maintenance of any permanent post-construction BMP's on the Property and for any required annual verification statements until such time as the City is provided notification of the name and address of the new or subsequent Owner, pursuant to the provisions of this section. 13. The City or any officer or employee thereof shall not be liable for any injury to persons or property occasioned by reason of the acts or omission of Owner, its agents or employees in the performance of this Agreement. Owner further agrees to protect and hold harmless City, its officials and employees from any and all claims, demands, causes or action, liability or loss of any sort because or arising out of acts or omissions of Owner, its agents or employees in the performance of this Agreement, including claims, demands, causes of action, liability, or loss because of or arising out of the design or construction of the permanent post-construction BMP facilities. Said indemnification and Agreement to hold harmless shall extend to injuries to person and damages or taking of property resulting from the design or construction of said permanent BMP(s) as provided herein, and to adjacent property owner as a consequence of the diversion of waters from the design, construction or maintenance of drainage systems, streets, and other improvements. 14. This Agreement shall be recorded against the Property and shall constitute a covenant running with the land and shall be binding upon Owner. 08/11/2010 Page 6 of 7 9508 15. Invalidation of any one of the provisions of this Agreement shall in no way effect any other provisions and all other provisions shall remain in full force and effect. IN WITNESS WHEREOF, this Agreement is executed by the City of Carlsbad, acting by and through its City Manager, pursuant to Section 20.16.060 of the Carlsbad Municipal Code authorizing such execution, and by Owner. 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. Canepa, President (sig^i here) / William L. Canepa (print name here) President of Three Seas Enterprises, Inc. (title and organization of signatory) By: (sign here) (print name here) (title and organization of signatory) (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.) APPROVED AS TO FORM: RONALD R. BALL City Attorney CITY OF CARLSBAD, a municipal corporation of the State of California GLEN K. VAN PESKI, P.E. City Engineer RCE41204 Exp. 3/31/2011 By:.Jt DeputyT^ity Attorne 08/11/2010 Page 7 of 7 9509 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENTgsssssesgs@s^gsgis@ss^^ State of California County of On >^l before me, Arthur P. Arquilla, Notary PnMic personally appeared Here Insert Name and T«e of the Officer Narryfs) of Signers) OFFICIAL SEAL ARTHUR P. ARQUILLA NOTARY PUBLIC-CALIFORNIA COMM. NO. 1872932 SAN DIEGO COUNTY MY COMM. EXP. JAN. 7,2014 F'lace Notary Seal ABove who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s4jj^are subscribed to the within instrument and acknowledged to me that /fie/j/heAhey executed the same i^J^her/their authorized S^pacity(ies), and that by^j§$er/their signature(s) on the instrument the person(s), or 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 my Signature OPTIONAL Though the information below is not required by law. it may prove valuable to persons relying on the documentand 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: __ n Individual D Corporate Officer — Title(s): _ D Partner — D Limited D General C Attorney in Fact D Trustee D Guardian or Conservator D Other: __ Top of thumb here Signer Is Representing: Signer's Name: O Individual D Corporate Officer — Trtle(s): D Partner -- D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator a Other: Signer Is Representing:. RIGHT THUMBPRINT OF SIGNER Top of thumb here O2O07 National Notary Associated • 9350 De Soto AvePO.Box2402-Chat5worth.CA 91313-2402'www.NationalNotary.org Item D5907 ReorOerCallTo»-<=tBe 1-8OO-876-6827 9510 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of nga Date personally appeared before me, La. Here Insert Name and Title of the Officer Name(s) of Signer(s) TERIE I. ROWLEY CommlMlon * 1773534 Notary Public - California San Dtogo County MyComm.ExplntOctia.20n I I t who proved to me on the basis of satisfactory evidence to be the person^ whose name(^ is/arX subscribed to the within instrument and acknowledged to me that he/she'/the/executed the same in his/h^r/thpft authorized capacity(l£^, and that by his/h^r/the/r signature^ on the instrument the person^, or the entity upon behalf of which the person^) 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 hand and official seal. OPTIONAL Signature of Notary 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: OA-N. J .e Number i Signer(s) Other Than Named Above:\\ Capacity(ies) Claimed by Signer(s) ' [ *^~ [.P'^GJL Signer's Name: G Individual Q Corporate Officer — Title(s): G Partner — G Limited G General G Attorney in Fact G Trustee G Guardian or Conservator G Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: Q Individual D Corporate Officer — Title(s): Q Partner — Q Limited G General G Attorney in Fact G Trustee Q Guardian or Conservator G Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here $.Zyt3S<t£s&*y*2V<=&*2:&-&^^ ©2007 National Notary Association• 9350 De Soto Ave.. RO.Box 2402'Chatsworth,CA 91313-2402-wvnw.NationalNotary.org Item #5907 Reorder:CallToll-Free 1-800-876-6827 EXHIBIT "A" 9511 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 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; THENCE NORTH 89°40'18" WEST 60.23 FEET TO AN INTERSECTION WITH 9513 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: (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 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 9514 ALONG THE1 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 89049'00" WEST, 16.28 9515 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 ALO'NG 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 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 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