Loading...
HomeMy WebLinkAboutCDP 98-59; Agua Hedionda Lagoon Foundation; 1998-0762470; Public Facilities Fee Agreement/Releasemc .i 1998-0762470 NmJ 24s 1998 II:47 fvl OFFICIAL RECORDS MN DIEGU CouHpl RECORDER’S OFFICE 3.7:J’(j GREGah@ g1THs cilugTYYRan?DER : # RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1996-0762470 \ 15 Q 1200 Carlsbad Village Drive j Carlsbad, California 92008 1989 1 Space above this line for Recorder’s use AGREEMENT BETWEEN OWNER, DEVELOPER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE FOR INSIDE THE BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 1 ParcelNo. 208-020-34 and 35 THIS AGREEMENT is entered into this 11 t h day of August , I$??, by and between (name ofdeveloper) Agua Hedionda Lagoon Foundation a (corporation, partnership, etc. p on-profit corporatios , ereinafker referred to as “Developer” whose address is (street, city, state, zip code) P.O. Box 4004 Carlsbad, CA 92018 and (name of legal owner) Kelly Land Company, a Delaware a (individual, corporation, etc.) Corporation , hereinafter referred to as’ “Owner” whose address is (street, city, state, zip code) 2011 PalOmar Airport Road, Suite 206 Carlsbad. CA 92009. AND the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as “City”, whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008-1989. Form Approved By City Co&l July 2, 1991 Resolution No. 91-194/KJH. 1 tsw 44-m $j OP 40- \q qc(7 49-61 Form 18A - Per Jane Mobaldi, Rev. 01/l l/96 1 WHEREAS, Owner is the owner of the real property described on Exhibit “A”, attached hereto and made a part of this agreement, hereinafter referred to as “Property”; and WHEREAS, the Property lies within the boundaries of City; and WHEREAS, Developer has contracted with Owner to purchase the property and proposes a development project as follows: The installation of a 3,600 square foot single story Nature Center Building on said Property, which development carries the proposed name of Agua Hedionda Visitar Center and is hereafter referred to as “Development”; and WHEREAS, Developer filed on the day of > 19 -3 with the city a request for a Site Development Plan and Coastal Development Permit . hereinafter referred to as “Request”; and . WHEREAS, the-Public Facilities Element of the City General PIan requires that the City Council find that all public facilities necessary to serve a development will be available concurrent with need or such development shall not be approved (said element is on file with the City Clerk and is incorporated by this reference); and WHEREAS, Developer and City recognize the correctness of Councif Policy No. 17, dated July 2, 199 1, on file with the City Clerk and incorporated by this reference, and that the City’s public facilities and services are at capacity and will not be available to accommodate the additional need for public facilities and services resulting from the proposed Development; and WHEREAS, Developer and Owner have asked the City to find that public facilities and services will be available to meet the future needs of the Development as it is presently proposed; but the Developer is aware that the City cannot and will not be able to make any such finding without financial assistance to pay for such services and facilities; and therefore, Developer and Owner propose to help satisfy the General Plan as implemented by Council Policy No. 17 by payment of a public facilities fee. Form Approved By City Cokcil July 2, 1991 Resolution No. 91- 194/KJH 2 Form 18A - Per Jane Mobaldi. Rev. 01/l l/96 NOW, THEREFORE, in consideration of the recitals and the covenants contained herein, the parties agree as follows: 1. The Developer and Owner shall pay to the City a public facilities fee in an amount not to exceed 1.82% of the building permit valuation of the building or structures to be constructed in the Development pursuant to the Request. The fee shall be paid prior to the issuance of building or other construction permits for the development and shall be based on the valuation at that time. This fee shall be in addition to any fees, dedications or improvements required pursuant to Titles 18, 20 or 21 of the Carlsbad Municipal Code. Developer and Owner shall pay a fee for conversion of existing building or structures into condominiums in an amount not to exceed 1.82% of the building permit valuation at the time of conversion. The fee for a condominium conversion shall be paid prior to the issuance of a condominium conversion permit as provided in Chapter 21.47 of the Carlsbad Municipal Code. Condominium shall include community apartment or stock cooperative. The terms “other construction . permits”, “other construction permit” and “entitlement for use” as used in this agreement, except in reference to mobilehome sites or projects, shall not refer to grading permits or other permits for the construction of underground or street improvements unless no other permit is necessary prior to the use or occupancy for which the development is intended. Developer and Owner shall pay the City a public facilities fee in the sum of $598 for each mobilehome space to be constructed pursuant to the Request. The fee shall be paid prior to the issuance of building or other construction permits for the development. This fee shall be in addition to any fees, dedications or improvements required according to Titles 18,20 or 2 1 of the Carlsbad Municipal Code. 2. The Developer and Owner may offer to donate a site or sites for public facilities in lieu of all or part of the financial obligation agreed upon in Paragraph 1 above. If Developer and Owner offer to donate a site or sites for public facilities, the City shall consider, but is not obligated to accept the offer. The time for donation and amount of credit against the fee shall be determined by City prior to the issuance of any building or other permits. Such determination, when made, shall become a part of this agreement. Sites donated under this paragraph shall not include improvements required pursuant to Form Approved By City Co&l Jily 2, 1991 3 Form 18A - Resolution No. 91- 194/KJH Per Jane Mobaldi, Rev. 0111 l/96 Titles 18 or 20 of the Carlsbad Municipal Code. 3. This agreement and the fee paid pursuant hereto are required to ensure the consistency of the Development with the City’s General Plan. If the fee is not paid as provided herein. the city will not have the funds to provide public facilities and services, and the development will not be consistent with the General Plan and any approval or permit for the Development shall be void. No building or other construction permit or entitlement for use shall be issued until the public facilities fee required by this agreement is paid. 4. City agrees to deposit the fees paid pursuant to this agreement in a public facilities fund for the financing of public facilities when the City Council determines the need exists to provide the facilities and sufficient funds from the payment of this and similar public facilities fees are available. 5. City agrees to provide upon request reasonable assurances to enable Developer to comply with any requirements of other public agencies as evidence of adequate public facilities and services sufficient to accommodate the needs of the Development herein described. 6. All obligations hereunder shall terminate in the event the Request made by Developer is not approved. 7. Any notice from one party to the other shall be in writing, and shall be dated and signed by the party giving such notice or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever unless served in one of the following manners: 7.1 If notice is given to the City of personal delivery thereof to the City or by depositing same in the United States Mail, addressed to the City at the address set forth herein, enclosed in a sealed envelope, addressed to the City for attention of the City Manager, postage prepaid and certified. 7.2 If notice is given to Developer by personal delivery thereof to Developer or by depositing the same in the United States Mail, enclosed in a sealed envelope, addressed to Developer at the address as many have been designated, postage prepaid and certified. Form Approved By City Council July 2, 1991 Resolution No. 91-194/KJH 4 Form 18A - Per Jane Mobaldi. Rev. 0111 l/96 - 8. This agreement shall be binding upon and shall inure to the benefit of. and shall apply to, the respective successors and assigns of Developer, Owner and City, and references to Developer. Owner or City herein shall be deemed to be a reference to and include their respective successors and assigns without specific mention of such successors and assigns. If Developer should cease to have any interest in the Property, all obligations of Developer hereunder shall terminate; provided. however, that any successor to Developer’s interest in the property shall have first assumed in writing the Developer’s obligations hereunder. At such time as Owner ceases to have any interest in the Property, all obligations of Owner hereunder shall terminate; provided, however, that if any successor to the Owner’s interest in the Property is a stranger to this agreement, such successor has first assumed the obligations of Owner in writing in a form acceptable to City. 9. This agreement shall be recorded but shall not create a lien or security interest in the Property. When the obligations of this agreement have been satisfied, City shall record a release. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Form Approved By City Cokcil Juiy 2, 1991 Resolution No. 91-194/KJH 5 Form 18A - Per Jane Mobaldi, Rev. 01/l l/96 - 1725 l IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. (Signature) CITY OF CARLSBAD, a municipal corporation Y -- D.L. Clemens &Y wo co. (print name) ATTEST: Vice President (title) By: (signiture) -- rk DTZ, Ass?6taat -City Clerk APPROVED AS TO FORM: RONALD R. BALL, City Attorney Scott Medansky 1 w5LL1,yIp)JDco. (print name) Assistant Secretary (title) DEVELOPER: Agua Hedionda Lagoon Foundation (signature) Robert E. Richards (print name) President (signature) Gene Huber (print name) Secretary (title and organization of signatory) Form Approved By City Cohcil J&y 2, 1991 6 Resolution No. 91-1941KJH (Notarial acknowledgment of execution DEVELOPER and OWNER must be attached). (President or vice president Am secretary assistant secretary must sign for corporations. -. of or If only one oflcer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that of$cer to bind the corporation). (If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to execute this instrument). Form 18A - Per Jane Mobaldi. Rev. 0111 l/96 . STATE OF CALIFORNIA COUNTY OF SAN DIEGO On &GU, 5 r/j / 9 73 before me Notary Public, perskally appeared&l. (3/_&E;\/. 5 ~‘.~“UJ/%$//,VS& D(] personally known to me - or [ ] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted. executed the instrument. WITNESS my hand and official seal. Form Approved By City Council July 2, 1991 8 Resolution No. 91-194/KJH- Form 18A Per Jane Mobaldi. Rev. 01/l I/96 1 -* I. ?., lkf STATEOFCALIFORNIA On 0, ST//,, /49x before me. 77i%!/&iEw ,&NNE /%ffEy Notary Public, personally appeared &P7 t. k’/C~H~flS T DQ personall!. known to me - or [ ] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted. executed the instrument. WITNESS my hand and official seal. Form Approved By City Council July 2. 1991 Resolution No. 9 I- 194/KJH - I:ornm I XA Vcr Jane Mohaldi. Rev. 01/l I/Oh - STATE OF CALIFORNIA COUNTY OF ‘SAN DIEGO Notary Public, personally appeared &&j~g /$ . &&3f5e -N personally. known to me - or [ ] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they, executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted. executed the instrument. WITNESS my hand and official seal. Form Approved By City Council July 2. 199 I Resolution No. 9l- I94iKJH - Form I XA I’cr Jane Mohaldi. Rev. Olil Ii90 - EXHIBIT “A” LEGAL DESCRIPTION Carlsbad Tract 97-16, Area F (Lot 166); see attached pages l-5. Form Approved By City Council July 2, 1991 Resolution No. 91-194/KJH- 7 Form 18A Per Jane Mobaldi, Rev. 01/I l/96 - . 1730 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: THAT PORTION OF LOT "I" OF RANCH0 AGUA HEDIONDA, A PART OF WHICH LIES WITHIN THE CITY OF CARLSBAD AND A PART OF WHICH LIES OUTSIDE IN THE CITY OF CARLSBAD, AND THAT PORTION OF LOT "F" OF RANCH0 AGUA HEDIONDA, ALL IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, DESCRIBED AS A WHOLE AS FOLLOWS: COMMENCING AT CORNER NO. 15 OF SAID LOT "I"; THENCE SOUTHEASTERLY ALONG THE SOUTHERLY LINE OF SAID LOT "I", SOUTH 53O44'35" EAST 499.45 FEET TO THE MOST SOUTHWESTERLY CORNER OF A PARCEL OF LAND DESCRIBED IN DEED TO ROBERT W. PHIPPS, ET UX, RECORDED OCTOBER 29, 1958 AS FILE NO. 179767 OF OFFICIAL RECORDS; THENCE ALONG THE BOUNDARY LINE OF SAID PHIPPS LAND NORTH 25OO1'15" EAST (RECORD NORTH 24O53'50" EAST) 597.82 FEET; THENCE FOLLOWING SAID BOUNDARY LINE, SOUTH 47O36'05" EAST 153.79 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 355.00 FEET; THENCE EASTERLY ALONG SAID CURVE 376.92 FEET THROUGH AN ANGLE OF 60°50'OO"; THENCE TANGENT TO SAID CURVE NORTH 71O26'30" EAST (RECORD NORTH 71O33'55" EAST) 306.46 FEET (RECORD 306.54 FEET); THENCE SOUTH 59'29'39" EAST 251.51 FEET TO THE NORTHEASTERLY CORNER OF THAT CERTAIN PARCEL OF LAND DESCRIBED AS PARCEL 2 IN DEED TO CARLSBAD BAY PROPERTIES, INC., A CORPORATION, RECORDED DECEMBER 31, 1958 IN BOOK 7424, PAGE 220 OF OFFICIAL RECORDS AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 59O29'39" EAST 261.16 FEET; THENCE SOUTH 82O26'24" EAST 1278.39 FEET TO THE SOUTHERLY TERMINUS OF A 400.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL LINE OF WHICH BEARS SOUTH 07O33'36" WEST TO SAID POINT, SAID POINT BEING THE WESTERLY CORNER OF A PARCEL OF LAND DESCRIBED AS PARCEL 1 IN DEED TO ALLAN 0. KELLY, A MARRIED MAN, RECORDED SEPTEMBER 20, 1966 AS FILE NO. 151710 OF OFFICIAL RECORDS; THENCE EASTERLY AND NORTHEASTERLY ALONG THE ARC OF SAID CURVE, BEING ALSO ALONG THE NORTHWESTERLY LINE OF SAID KELLY LAND, THROUGH A CENTRAL ANGLE OF 88O23'14", A DISTANCE OF 617.06 FEET TO THE NORTHERLY CORNER OF SAID KELLY LAND; THENCE LEAVING SAID KELLY LAND AND CONTINUING ALONG THE ARC OF SAID 400.00 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 14O16'21", A DISTANCE OF 99.64 FEET; THENCE TANGENT TO SAID CURVE NORTH 05O05'59" WEST 205.50 FEET TO THE BEGINNING OF A TANGENT 800.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 15O42'03" A DISTANCE OF 219.23 FEET TO THE BEGINNING OF A COMPOUND CURVE HAVING A . . RADIUS OF 400.00 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 67'42'33' A DISTANCE OF 472.70 FEET TO THE END OF SAID CURVE BEING THE EASTERLY CORNER OF THAT CERTAIN PARCEL OF LAND DESCRIBED AS PARCEL 1 IN DEED TO CARLSBAD BAY PROPERTIES, LTD., A LIMITED PARTNERSHIP, RECORDED SEPTEMBER 20, 1966 AS FILE NO. 15172 OF OFFICIAL RECORDS; THENCE NORTH 78O18'37" EAST 54.81 FEET TO THE SOUTHWESTERLY CORNER OF THAT CERTAIN PARCEL OF LAND DESCRIBED AS PARCEL 1 IN DEED TO ALLAN 0. KELLY, ET AL, RECORDED JUNE 24, 1959 IN BOOK 7735, PAGE 62 OF OFFICIAL RECORDS; THENCE CONTINUING NORTH 78O18'37' EAST, AND FOLLOWING ALONG THE SOUTHERLY LINE OF SAID KELLY, ET AL, PROPERTY, A DISTANCE OF 265.10 FEET TO THE MOST SOUTHWESTERLY, WESTERLY LINE OF CARLSBAD TRACT 71-5, ACCORDING TO MAP THEREOF NO. 7292, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; THENCE SOUTH 11°50'15" EAST ALONG SAID SOUTHWESTERLY, WESTERLY LINE OF CARLSBAD TRACT 71-5, A DISTANCE OF 100.00 FEET TO THE MOST SOUTHWESTERLY CORNER OF SAID TRACT; THENCE FOLLOWING THE BOUNDARY OF SAID CARLSBAD TRACT 71-5, SOUTH 75O38'26" EAST A DISTANCE OF 413.87 FEET TO THE SOUTHERLY CORNER THEREOF; THENCE CONTINUING ALONG SAID BOUNDARY NORTH 4OO58'14" EAST (RECORD NORTH 4OO59'10" EAST), A DISTANCE OF 604.12 FEET TO INTERSECT THE SOUTHWESTERLY LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN DEED TO W. ALLAN KELLY, ET AL, RECORDED AUGUST 17, 1973 AS FILE NO. 73-231802 OF OFFICIAL RECORDS; THENCE SOUTHWESTERLY LINE SOUTH 49OO1'46" EAST, A DISTANCE OF 151.95 FEET TO THE SOUTHERLY CORNER bF SAID KELLY, ET AL, LAND; THENCE NORTH 68O10'54" EAST (RECORD NORTH 68O27'40" EAST) ADISTANCE OF 369.67 FEET TO THE MOST SOUTHERLY CORNER OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN DEED TO W. ALLAN KELLY, ET AL, RECORDED AUGUST 17, 1973 AS FILE NO. 73-231803 OF OFFICIAL RECORDS; THENCE CONTINUING NORTH 68O10'54" EAST (RECORD NORTH 68O27'40" EAST) ALONG THE SOUTHERLY BOUNDARY LINE OF THE LAST REFERENCED KELLY, ET AL, PARCEL OF LAND A DISTANCE OF 870.62 FEET TO AN ANGLE OF POINT THEREIN; THENCE SOUTH 26O43'12" EAST 12.72 FEET TO THE SOUTHEASTERLY CORNER OF SAID LAST REFERENCED KELLY, ET AL, PARCEL OF LAND BEING ALSO A POINT IN THE WESTERLY LINE OF PARCEL OF LAND DESCRIBED IN DEED TO J. BLAIR PACE, ET UX, RECORDED JULY 17, 1957 AS FILE NO. 106397 OF OFFICIAL RECORDS; THENCE SOUTH 43°10'OO" EAST ALONG THE BOUNDARY LINE OF SAID PACE PARCEL OF LAND A DISTANCE OF 239.00 FEET TO THE MOST SOUTHERLY CORNER THEREOF; THENCE NORTH 84O42'10" EAST ALONG SAID BOUNDARY LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN DEED TO J. BLAIR PACE, ET UX, RECORDED DECEMBER 24, 1958 IN BOOK 7413, PAGE 212 OF OFFICIAL RECORDS; THENCE FOLLOWING SAID SOUTHWESTERLY LINE SOUTH 44O27'10' EAST, A DISTANCE OF 15.20 FEET TO THE SOUTHERLY LINE OF SAID LAST REFERENCED PACE LAND; THENCE ALONG SAID SOUTHERLY LINE NORTH 84O42'10' EAST, 409.59 FEET TO THE SOUTHEASTERLY CORNER OF SAID PACE LAND; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID PACE LAND NORTH 25O29'30" EAST TO INTERSECT THE SOUTHWESTERLY LINE OF THAT CERTAIN PARCEL OF LAND CONVEYED TO THE COUNTY OF SAN DIEGO AND DESCRIBED IN DEED RECORDED JANUARY 2, 1970 AS FILE NO. 11638 OF OFFICIAL RECORDS; THENCE SOUTHEASTERLY ALONG SAID SOUTHWESTERLY LINE OF THE COUNTY OF SAN DIEGO LAND TO INTERSECT A LINE BETWEEN CORNER NO. 1 AND CORNER NO. 2 OF LOT "I" OF SAID RANCH0 AGUA HEDIONDA PER MAP NO. 823, SAID LINE BEING ALSO A COMMON BOUNDARY LINE BETWEEN "I" AND LOT "F" OF SAID MAP NO. 823; THENCE SOUTH 02O26'54" EAST (RECORD SOUTH OlO38'25" EAST) ALONG SAID COMMON BOUNDARY LINE To THE INTERSECTION OF SAID LINE WITH THE NORTHEASTERLY LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN DEED TO MARVIN H. SIPPEL, ET UX, RECORDED NOVEMBER 13, 1962 AS FILE NO. 193941 OF OFFICIAL RECORDS; THENCE ALONG SAID NORTHEASTERLY LINE NORTH 55O38'25" WEST 136.00 FEET; THENCE SOUTH 43O17'40" WEST 173.40 FEET TO THE POINT OF TANGENCY OF A 500.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY ALONG SAID CURVE 135.30 FEET THROUGH AN ANGLE OF 15O30'15" TO A POINT ON THE ARC OF SAID CURVE; THENCE SOUTH 21O38'25" EAST 106.33 FEET; THENCE SOUTH 55O38'25" EAST 375.00 FEET TO INTERSECT SAID COMMON BOUNDARY LINE BETWEEN LOTS "I" AND "F"; THENCE ALONG SAID COMMON BOUNDARY LINE SOUTH 02O26'50" EAST (RECORD SOUTH OlO38'25" EAST) TO CORNER NO. 1 OF SAID LOT "I"; THENCE SOUTH 82O42'40" EAST A DISTANCE OF 341.92 FEET TO CORNER NO. 19 OF SAID LOT "I"; THENCE SOUTH 00017'50" EAST 2652.09 FEET (RECORD 2640.00 FEET) TO POINT NO. 5 OF LOT "F" OF SAID MAP NO. 823, BEING THE NORTHEASTERLY CORNER OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN DEED TO HOWARD G. KIRGIS, ET UX, RECORDED SEPTEMBER 24, 1957 IN BOOK 197, PAGE 6761 OF OFFICIAL RECORDS; THENCE WESTERLY AND ALONG THE NORTHERLY BOUNDARY OF SAID LOT "F" BETWEEN POINT NO. 5 AND POINT NO. 6 OF SAID LOT "F" A DISTANCE OF 5684.00 FEET MORE 0~ LESS TO-SAID POINT NO. 6 0~ LOT "F", BEING ALSO CORNER NO. 17 OF SAID LOT "I"; THENCE LEAVING SAID COMMON CORNER AND FOLLOWING ALONG THE SOUTHWESTERLY LINE OF SAID LOT '1 1 '1 NORTH 64O42'00" WEST A DISTANCE OF 1944.77 FEET, MORE OR LESS'TO THE SOUTHEASTERLY CORNER OF THAT CERTAIN PARCEL OF LAND DESCRIBED AS TO PARCEL 2 IN DEED TO CARLSBAD BAY PROPERTIES, INC., A CORPORATION, RECORDED DECEMBER 31, 1958 IN BOOK 7424, PAGE 220 OF OFFICIAL RECORDS, HERETOFORE REFERENCED; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID CARLSBAD BAY PROPERTIES, INC., PARCEL OF LAND NORTH 25OO1'15" EAST A DISTANCE OF 902.08 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM PARCEL 1 OF PARCEL MAP NO. 18039, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 1, 1998 AS FILE NO. 1998-0325000 OF OFFICIAL RECORDS. PARCEL 2: ALL THAT PORTION OF LOT "I" OF RANCH0 AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF CARLSBAD TRACT 71-5, MAP THEREOF NO. 7292 ON FILE IN THE OFFICE OF SAID COUNTY RECORDER; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID MAP NO. 7292, NORTH 4OO58'14" I . EAST (RECORD NORTH 40°59'10" EAST) 604.12 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID LINE NORTH 4OO58'14" EAST (RECORD NORTH 40059'10" EAST) 81.77 FEET TO AN ANGLE POINT THEREIN; THENCE CONTINUING ALONG THE EASTERLY BOUNDARY OF SAID MAP NO. 7292, "NORTH 793.83 FEET (RECORD "NORTH 794.05 FEET) TO THE MOST NORTHERLY CORNER OF SAID MAP NO. 7292; THENCE LEAVING SAID BOUNDARY, ALONG THE NORTHEASTERLY PROLONGATION OF THE NORTHEASTERLY BOUNDARY OF SAID MAP NO. 7292, BEING ALSO ALONG THE LINE CALLED AS "CENTERLINE" OF THE PARCEL OF LAND GRANTED TO THE CARLSBAD MUTUAL WATER COMPANY AS AN EASEMENT BY DEED RECORDED NOVEMBER 3, 1941 IN BOOK 1271, PAGE 70 OF OFFICIAL RECORDS, NORTH 64O58'15" EAST (RECORD PER DEED NORTH 64O54'40" EAST) 446.21 FEET; THENCE LEAVING SAID CENTERLINE "SOUTH" 1006.59 FEET TO A POINT IN THE CENTERLINE OF THE RIGHT-OF-WAY EASEMENT DENOTED "EASEMENT NUMBER TWO" AS GRANTED TO THE CITY OF CARLSBAD BY DEED RECORDED MAY 10, 1965 AS FILE NO. 83317 OF OFFICIAL RECORDS; THENCE ALONG SAID CENTERLINE SOUTH 68010'54" WEST (RECORD SOUTH 68O27'40" WEST) 369.67 FEET TO AN ANGLE POINT THEREIN; THENCE LEAVING LAST MENTIONED CENTERLINE NORTH 49'01'46" WEST 151.95 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM ALL THAT PORTION LYING WITHIN CARLSBAD TRACT No. 73-45, ACCORDING TO MAP THEREOF NO. 8033, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 23, 1974 AS FILE NO. 74- 282025 OF OFFICIAL RECORDS. -- PARCEL 3: ALL THAT PORTION OF LOT "I" OF RANCH0 AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF CARLSBAD TRACT 71-5, MAP THEREOF NO. 7292, ON FILE IN THE OFFICE OF SAID COUNTY RECORDER; THENCE ALONG THE NORTHEASTERLY PROLONGATION OF THE NORTHEASTERLY BOUNDARY OF SAID MAP NO. 7292, BEING ALSO THE LINE CALLED AS "CENTERLINE" OF THE PARCEL OF LAND GRANTED TO THE CARLSBAD MUTUAL WATER COMPANY AS AN EASEMENT BY DEED RECORDED NOVEMBER 3, 1941 IN BOOK 1271, PAGE 70 OF OFFICIAL RECORDS, NORTH 64O58'15" EAST (RECORD PER DEED NORTH 64O54'40" EAST) 446.21 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 64O54'40" EAST, ALONG SAID NORTHEASTERLY PROLONGATION AND ALONG SAID CENTERLINE, 430.44 FEET TO AN ANGLE POINT IN SAID CENTERLINE; THENCE CONTINUING ALONG SAID CENTERLINE SOUTH 88°01'06" EAST (RECORD SOUTH 88O59'15" EAST) 555.10 FEET TO A POINT IN THE WESTERLY BOUNDARY OF LAND GRANTED TO J. BLAIR PACE, ET UX, BY DEED RECORDED DECEMBER 24, 1958 AS FILE NO. 216747 OF OFFICIAL RECORDS; THENCE ALONG SAID WESTERLY BOUNDARY SOUTH 05045'19" WEST (RECORD SOUTH 05°39'40" WEST) 283.67 FEET TO AN INTERSECTION WITH THE WESTERLY BOUNDARY OF LAND GRANTED TO J. BLAIR PACE, ET UX, BY DEED RECORDED . JULY 17, 1957 AS FILE NO. 106397 OF OFFICIAL RECORDS; THENCE ALONG LAST MENTIONED WESTERLY BOUNDARY SOUTH 10005'39" WEST (RECORD SOUTH 10°OO' WEST) 584.07 FEET; THENCE LEAVING SAID WESTERLY BOUNDARY NORTH 26O43'12" WEST 12.72 FEET TO A POINT IN THE CENTERLINE OF THE RIGHT- OF-WAY EASEMENT DENOTED "EASEMENT NUMBER TWO" AS GRANTED TO THE CITY OF CARLSBAD BY DEED RECORDED MAY 10, 1965 AS FILE NO. 83317 OF OFFICIAL RECORDS; THENCE ALONG SAID CENTERLINE SOUTH 68O10'54" WEST (RECORD SOUTH 68O27'40" WEST) 870.62 FEET; THENCE LEAVING SAID CENTERLINE "NORTH" 1006.59 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM ALL THAT PORTION LYING WITHIN CARLSBAD TRACT NO. 73-45, ACCORDING TO MAP THEREOF NO. 8033, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 23, 1974 AS FILE NO. 74- 282025 OF OFFICIAL RECORDS. PARCEL 4: PARCEL 1 OF PARCEL MAP NO. 18039, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 1, 1998 AS FILE NO. 1998-0325000 OF OFFICIAL RECORDS.