HomeMy WebLinkAboutPFF 98-21; Kelly Land Company; 1998-0513360; Public Facilities Fee Agreement/Releasec
RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO: >
% City Clerk ; CITY OF CARLSBAD ) ! 1200 Carlsbad Village Drive ) Carlsbad, California 92008-l 989 1
DOC M 1998-05~3360
294 #WE 13. 15’38 2=45 PM
SAN DIEGO COUNTY RECORDER’S OFFICE GREGORY J. SHITHt CDMiTY REGOf@ER FEES: 4mo
Space above this line for Recorder’s use
AGREEh’iENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
FOR INSIDE THE BQUMMRIES OF COMMUNITY FACILITIES DISTRICT NO. 1
ParcelNo,208-020-34 and 35
THIS AGREEh4ENT is entered into this 10 day of July ,1998,
by and between (name of developer-owner) Kelly Land Company, a Delaware
a (corporation, partnership, etc.) c O rP O r a t i On , hereinafter referred to as “Developer”
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, 9200% 1989.
WITNESSETH:
WHEREAS, Developer 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
. . .
. . .
Form Approved By City Co&3 Juiy 2, 199 1
Resolution No. 91-194/KJH
1 Form 17A -
Per Jane Mobaldi, Rev. 01/l l/96 d
. f 295
WHEREAS, Developer proposed a development project as follows: Move and temporary
storage of the Aviara Info. Ctr. to Kelly Ranch Area F on said Property. which
development carries the proposed name of Information Center temporary storage
and is hereafter referred to as “Development”; and
WHEREAS, Developer filed on the lo day of Ju1y ) 1998 -, with the
City a request for a Planning Con-mission Determination
hereinafter referred to as “Request”; and
WHEREAS, the Public Facilities Element of the City General Plan 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 Council Policy No. 17, dated July
2, 1991, 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 has 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 bo able to make any such fmding without financial assistance to
pay for such services and facilities; and therefore, Developer proposes to help satisfy the General Plan as
implemented by Council Policy No. 17 by payment of a public facilities fee.
NOW, THEREFORE, in consideration of the recitals and the covenants contained herein, the
parties agree as follows:
. . .
Form Approved By City Cohcil Juiy 2, 199 1
Resolution No. 91 -I 94/KJH
2 Form 17A -
Per Jane Mobaldi, Rev. 01/l l/96
296 -,
1. The Developer 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 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 Carl&ad 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 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 shail 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 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 offers 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 Titles 18 or 20 of the
Carlsbad Municipal Code.
Form Approved By City Council Juiy 2, 1991
Resolution No. 91-194/KJH
3 Form 17A -
Per Jane Mobaldi, Rev. 01/l l/96
- .
1 . 297
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 foIlowing 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 Co&i1 Juiy 2, 1991
Resolution No. 9 1 - 194/KJH
4 Form 17A -
Per Jane Mobaldi, Rev. 01/l l/96
. . 298
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 and City, and references to Developer 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.
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 Co&i1 July 2,199 1
Resolution No. 91-194/KJH
Form 17A -
Per Jane Mobaldi, Rev. 01/l l/96
IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the
date first written above.
DEVELOPER-OWNER: CITY OF CARLSBAD, a municipal corporation
Kelly Land Company, a Delaware
of Defelopkr) 1 w g
(signature)
D.L. Clemens
(print name)
MARTIN ORENYeCity Manager
ATTEST:
Vice President APPRWED ASTOFORM:
RONALD R. BALL, City Attorney
(sig’nature) - -
Scott hiedanslcy
(print name)
Assistant Secretary (title)
(Notarial acknowledgment of execution ofDEVELOPER and OWNER must be attached).
(President or vice president ANZ, secretary or assistant secretary must sign for corporations. rf only one
ofJicer signs, the corporation must attach a resolution certified by the secretary or assistant secretary
under corporate seal empowering that oflcer 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 Approved By City Co&51 Juiy 2, I991 6
Resolution No. 91-194/KJH
Form 17A -
Per Jane Mobaldi. Rev. 01/l i/96
300
EXHIBIT “A”
LEGAL DESCRIPTION
(Attached Pages 1-5)
Carlsbad Tract 97-16, Area F (Lot 166)
Form Approved By City Council July 2, 1991
Resolution No. 9 I- 194/KJH * -
7 Form 17A
Per Jane Mobaldi, Rev. 01/l l/96 -
301
EXHIBIT A
LEGAL DESCRIPTION
i
TiiE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORXI-A,
COiTNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
PARCEL 1:
THAT PORTION OF LOT "I" OF RkNCHO AGUA HEDIONDA, A PART OF WHICH LIES WITHIN THE CITY OF CARLSBAD AND A PART OF WHICH LIES OUTSIDE IN THE
CITY OF CARLSBAD, AbTD THAT PORTION OF LOT "F" OF RANCH0 AGUA HEDIONDA, ALL IN THE COUNTY OF SAN DiEGO, STATE OF CALIFORNIA, ACCORDING TO mP 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 59O29'39" 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 07°33'36tf 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 OSa05'59" 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 CENTXAL ANGLE OF 1S042'03" A DISTANCE OF 219.23 FEET TO THE BEGINbTING OF A COMPOUbJD CURVE HAVING A
Page 1 of 5
302
Page 2 of 3
R-ADIUS OF 400.00 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID
CURVE THRQUGH A CENTRAL ANGLE OF 67'42'33" A DISTANCE OF 472.721 FEET TO THE EFJD OF SAID CURVE BEING THE EASTERLY CORNER OF THAT CERT-qIN
PARCEL OF LAND DESCRIBED AS PARCEL 1 IN DEED TO CARLSB.As BAY PROFERTIES, LTD., X LIMITED PARTNERSHIP, RECORDED SEPTEMBER 20, 1366 AS FILE NO. 15172 OF OFFICIAL RECORDS; %zxL"E NORTH 79Ol9'37" EAST
54.81 FEET TO THE SOUTHWESTERLY CORNER OF THAT CERTAIN PARCEL OF LAND DESCRIBED AS PARCEL 1 IN DEED TO ALLA.i?J 0. KELLY, ET AL, RECORDED JUNE 'i d --I 1353 IN BOOK 7735, PAGE 62 OF OFFICIAL RECORDS; THENCE CONTINUING
NORTH 78Ol.8'37" 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, 7 ILED IN THE OFFICE OF THE COUNTY RECORDER OF SMT DIEGO COUNTY; THENCE SOUTH 11°50'15" EAST ALONG SAID SOUTHWESTERLY, 'WESTERLY LINE OF CARLSBAD TRACT 71-5, A DISTANCE OF 200.00 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 CONTILW'NG ALONG SAID
BOUNDARY NORTH 40°58'14" EAST (RECORD NORTH 40°59'10" 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 4g001'46" EAST, A DISTANCE OF 151.95 FEET TO THE SOUTHERLY CORNER OF SAID KELLY, ET AL, LAND; THENCE NORTH 6a010'54" EAST (RECORD NORTH 68O27'40" EAST) A DISTANCE 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. 11538 OF OFFICIAL RECORDS; THENCE SOUTHEASTERLY ALONG SAID SOUTHWESTERLY LINE OF THE COUbJTY OF SAN DIEGO LAND TO INTERSECT A LINE
. -
303 --
Page 3 of 5
BETWEEN CORNER NO. 1 AND CORNER NO. 2 OF LOT "I" OF SAID RWCHO >-GU,A HEDIZNDA PER IMAP NO. 823, SAID iINE BEING ALSO A COMp!ON BOUNDARY LINE
BETWEEN "I" AND LOT IIF" OF SAiD ?!AP NO. 823; THENCE SOUTH 02026'5311
EAST (RECORD SOUTH 01O38'25" EAST) ALONG SAID COMMON BOUNDARY LINE To
THE INTERSECTION OF SAID LINE XZTH THE NORTHEASTERLY LINE OF TH-\T CERTAIN PARCEL OF LAND DESCRISED IN DEED TO MARVIN H. SiPPEL, ET U:<, RECORDED NOVEMBER 13, 1962 AS FILE NO. 193941 OF OFFICIAL RECORDS;
THENCE ALONG SAID NORTHEASTERLY LINE NORTH SSO38'25" WEST 136.00 FEET;
THENCE SOUTH 43°17'40" WEST 173.40 FEET 'TC THE POINT OF TANGENCY oF A 500.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY
ALONG SAID CURVE 135.30 FEET THROUGH :I_si ANGLE OF 1S030'15" TO A POINT
ON THE ARC OF SAID CURVE; THENCE SOUTH 21333'25" EAST 106.33 FEET; THENCE SOUTH SSO38'2S" EAST 375.03 FEET TO INTERSECT SAID COMMON BOUNDARY LINE BETWEEN LOTS "I" AND "F"; THENCE ALONG SAID COMp!ON BOUNDARY LINE SOUTH 02O26'SO" EAST (RECORD SOUTH (31°38'2S" EAST) TO CORNER NO. l. OF SAID LOT 'rIrr; THENCE SOUTH 82O42'40" EAST A DISTANCE OF 341.92 FEET TO CORNER NO. 19 OF SALD LOT "I"; THENCE SOUTH 00°17'~50" EAS?f'26S2.09 FEET (RECORD 2640.00 FEET) TO POINT NO. 5 OF LOT "F" OF SAID MAP NO. 823, BEING THE NORTHEASTERLY CORNER OF T'HAT
CERTAIN PARCEL OF LAND DESCRIBED IN DEED TO HOWARD G. KIRGIS, ET UX,
RECORDED SEPTEMBER 24, 1957 IN BOOK 197, PAGE 6751 OF OFFICIAL
RECORDS; THENCE WESTERLY AND ALONG THE NORTHERLY BOUNDARY OF SAID LOT
"F" BETWEEN POINT NO. 5 AND POINT NO. 5 OF SAID LOT "F" A DISTANCE OF
5684.00 FEET MORE OR LESS TO SAID POINT NO. 6 OF LOT "F", BEING ALSO
CORNER NO. 17 OF SAID LOT "I"; THENCE LEAVING SAID COMMON CORNER AAND FOLLOWING ALONG THE SOUTHWESTERLY LINE OF SAID LOT " 1 " I 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 2S"01'1S" 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 CO-UNTY 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 iMAP 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; THSXCE ALONG THE SOUTHEASTERLY LINE OF SAIT) ?,!A_3 X0. 7292, NORTH 40'58'14"
Page 4 of 3
EAST (RECORD NORTH 40°59'10" EAST) 604.12 FEET TO THE TR'JE POINT OF BEGINNINQ; THENCE CONTINUING ALONG SAID LINE NORTH 40°58'14" E-AST
(RECORD NORTH 4C"59'10" EAST) 81.77 FEET TC' AN ANGLE POINT TH2Rz:Z>j; THENCE CONTINUING ALONG THE EASTERLY BOUNDARY OF SAID NAB NO. 7292, "‘TORTE 793.53 FE3T (RECORD "NCRTH 794.25 FEET) TO THE MOST NORTH~RL‘-/ Z,:,RNER OF SAID ?+?a&? NO. 7292; THENCE LEAVING SAID BOUNDARY, ALONG THE ?;~3RTHEASTERLY PRCLONGATION OF THE NORTHEASTERLY BOUNDARY OF SATD MA? ?TO 7292, BEING ALSO ALONG THE LINE CALLED AS "CENTERLINE" OF THE -'?CEL OF LA,\JD GRAlNTED TO THE CARLSBAD - . -_ ?!UTUAL WATER COMPANY AS AN EASEIMENT BY DEED RECORDED NOVEMBER 3, 1941 IN BOOK 1271, PAGE 70 OF
'_/- - ,?'FICTAL RECORDS, NORTH 64058'15" EAST (RECORD PER DEED NORTH 6&O5;1'aO" EAST) 445.21 FEET; THENCE LEAVI>TG SAID CENTERLINE "SOUTH" 1006.59 FEET TO A 30INT IN THE CENTERLINE OF THE RIGHT-OF-WAY EASEMENT DZNOTED " &%.s EM.zNT &UMBER TWO" AS GRANTED TO THE CITY OF CARLSB-AD BY DEED RECORDED MAY 10, 1965 AS FILE NO. 83317 OF OFFICIAL RECORDS; THENCE ALONG SAID CENTERLINE SOUTH 58'10'54" WEST (RECORD SOUTH 6a027'40" -dEST) 369.67 FEET TO AN-ANGLE POINT THEREIN; THENCE LEAVING
LAST MENTIONED CENTERLINE NORTH 4g001'46" WEST 151.95 FEET TO THE TRUE
POINT OF BEGINNING.
EXCEPTING THEREFROM ALL THAT PORTION LYING WITHIN CARLSBAD TRACT NO. 73-45, ACCORDING TO IMAP THEREOF NO. 8033, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 23, 1974 AS FILE NO. 74- 252025 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 SAlJ DZEGO COUNTY, NOVEMBER 16, 1895, DESCRIBED AS FOLLOWS:
BZGINNING 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
?iATER 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 BEGImJING; 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 CONTINJING ALONG SAID CENTERLINE SOUTH 8B"01'06" EAST (RECORD SOUTH 88O59'15" EAST) 555.10 FEET TO A POINT IN THE WESTERLY BOUbJDARY OF LAND GRANTED TO J. BLAIR PACE, ET UX, BY DEED RECORDED DECEMBER 24, 1958 AS FILE NO. 215747 OF OFFICIAL RECORDS;
THENCE ALONG SAID WESTERLY BOUlTDARY SOUTH 05O45'19" WEST (RECORD SOUTH 05'39'40" WEST) 283.67 FEET TO AN INTER SECTION WITH THE WESTERLY
BOUNDARY OF LAND GRANTED TO J, BLAIR PACF 4, ET UX, BY DEED RECORDED
305
Page 5 of 5
JULY 17, 1957 0% TILE NO. 100'397 OF OFFICIAL RECORDS; THENCE >A~~~~ LAST MEP~TJ~~T~D XESTERLY wxzma.Y SOUTH 10035'39" +dEsT (RECORD SC?,:_
ltjoon " WEST) 534.07 FEET; TIiENCE LEAVING SAID WESTERLY BOUNDARY >~CRTI-: 'i;a-L"12" WEST 12.72 FEET TO -A POINT IN ?:iE CENTERLIgTE OF TEE RI~Gz-..T- _d CF-KAY EASEMENT DENOTED ltEAsE>!ENT NUMBER 'TWO11 AS GRAZED TO T:<E CITY
3F CARLSBAD B7 DEED RECORDED 'i _ ycFiCIAL RECORDS; TZENCE AL'CXG (F.ECORD SOUTEi 68O27'41)" ,,T) WCC C~$iT~~LINE l'NCJRT'rl:Tt lOC6.59 T-T- CT-i
NAY 10 , 1965 AS FILE NO. 33317 (2:
SAID CENTERLINE SOTJTX 63310'54" ;,- r <- 370.62 F'EET; THENCE LZAVING SA23 TO THE TR-UE ?OINT OF "bEGINNING.
3:iCEZING THER EFROM ALL TBAT PORTION LYING WITZIN CARLSBAD TRACT 10. 73-c,5, .7--T ACCORDIXG TO ,MAl THEREOE NO. 8033, FILED IM Th'E OFFICE OS -22 CCUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 23, 1974 AS FILE NO. -?4- 292025 OF OFFICIAL RECORDS.
PARCEL 4:
PARCEL 1 OF PARCEL MAP NO:m.18039, IN TBE CITY OF CARLSBAD, COUNTY 03 SAN DIEGO, STATE OF CALIFORNIA, FILED IN TXE OFFICE 0' THE COQWI'Y RECORDER OF SAN DIEGO COUNTY, JUNE 1, 1998 AS FILE NO. 1998-0325000 OF OFFICIAL RECORDS.
. . ~
1
.
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
306
On &L- )/ /” / 7 f38 before me,
Notary Public, personally appeared 3 Y 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. 91-l 94/KJH‘ -
8 Form 17A
Per Jane Mobaldi, Rev. 01/l l/96 -
1 .
- uv-
307
STATE OF CALIFORNIA 1 }SS.
COUNTY OF SAN DIEGO }
On Tuly 29. 1998 before me, Kathleen Anne Farlev 7 personally appeared Scott Medanskv 3 personally known to me (OI-pnmtd
mL1-- “actor-y evidence) to be the person& whose name@ is/are subscribed to the within instrument and acknowledged to me that he/.shekhq executed the same in his/he&their authorized capacity(ie$, and that by his/he&heir signature@ on the instrument the person@ or the entity upon behalf of which the person@ acted, executed the instrument.
d and official sea