HomeMy WebLinkAboutSP 210; HSL/BP/Michan LP; 1996-0351884; Public Facilities Fee Agreement/Release. ; ‘I
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REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Drive
Carlsbad, California 92008-1989
AND
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, cot ii 1996-0351884 12-JUL-1996 03~41 PM
1515 OFFICIAL RECORDS SElN DIEGO COUHTY REC&DER’S OFFICE GREGORY SHITH, COUNTY RECORDER
;;j 17.00 FEES: 43.00 25.00 I’lF: 1.00
Space above this line for Recorder’s use 214-150-17;
Parcel No. 214-150-18; 214-450-25
§P 210
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
FOR INSIDE THE BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 1
THIS AGREEMENT is entered into this 8th day of April , 1996 -2
by and between HSL/BP/Michan, L.P.
(name of developer-owner)
acalifornia Limited Partnership , hereinafter referred to as “Developer” whose address
(corporation, partnership, etc.)
is 2892 Jefferson Street, Carlsbad, California, 92008
(street) (city, state, zip code)
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.
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 Council July 2, 1991
Resa X 91.194KJH
Form 17A
per Jane Mobsldi. Rev Olil I.‘96
. 1516
WHEREAS, Developer proposed a development project as follows:
Poinsettia Properties Specific Plan on said
Property, which development carries the proposed name of Poinsettia Properties
and is
hereafter referred to as “Development”; and
WHEREAS, Developer filed on the day of
with the City a request for a General Plan Amendment and Specific Plan,
Zone Change, Local Coastal ProPram Amendment and Local Facilities
Management Plan Amendment 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 be able to make any such finding 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:
Fom Approved
By City Council July 2. 1991
Reso It 9l-194K.W
2 Form 17A
per Jane Mobaldi. Rev 01/l 1196
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 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 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 21 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 July 2, 1991
Reso # 91-194KJH
3 Form l7A
per Jane Mobaldi. Rev Olil l/96
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
Form Approved
By City Council July 2. 1991
Reso # 9l-194KJH
4 Form l7A
per Jane Mobaldi. Rev 01/i 1196
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Developer at the address as many have been designated, postage prepaid and certified.
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 Council July 2, 1991
Reso # 91-194KJH
5 Form 17A
per Jane Mobaldi. Rev Ol/i l/96
L
.
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I : IN WITNESS WHEREOF, this agreement is executed in San Diego County, Caliform .&VO
of the date first written above.
DEVELOPER-OWNER: CITY OF CARLSBAD, a municipal
corporation of the State of California
limited DartnerShiD - I I A / BY: HBM Poinsettia L.P. BY VsI MP;;TIN 1 a California limited partnership for Citv M. _-_ ---= -.-anager
HSL/BP/MICHAN L.P., a California
BY: Its General Partner
Benchmark Pacific, Inc.,
a California corporation,
BY?&--& @ -
Brian R. Murphy, Sec.
ATTEST:
Lm& ?! /22&&A+
ALETHA L. RAUTENKRANZ, City Clerk
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
BY
(Notarial acknowledgement of execution of DEVELOPER and OWNER must be attached).
(President or vice-president and secretary or assistant secretary 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.)
Form Approved
By City Councd July 2. 1991
Reu, # 91-l94/KJH
6 Fom IiA
per Jane Mobaldi, Rev 0111 l/96
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 1521
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On u , g, ]qq6 before m Y 1 Notary Public, personally
appeared alc3.c In * A LiS , [ ] 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.
Comm. fXX9908
NOTARY PlJBLlC - CALIFORNI SAN LIEGO COUNTY
Form Approved
By City Council July 2, 1991
Reso # 91-l94KJH
Form 17A
per Jane Mobaldi. Rev Olill196
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CAL11 -ANtA AU-PURPOSE ACKNOWLEDGIV~NT
STATE OF CAUFORNIA 1522
COUNTY OF SAN DIEGO .__
On 1 d 3 -qb ‘before me-a 6if?%fl Notary Public, personally
r/\.uCD hL1 , [ ] personally known to me - or [ x
] Eroved to me on the basis of satisfactoqevidence to be the person(s) whose name(s@&e .
subscribed to the within instrument and acknowledged to me tha@she/they executed the same
in @ i her/their authorized capacity(ies), and that b@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.
Fam Approwd
Ey cay ckuncil July 2. 1001
Rro #01-1wKitl
*
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1523
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:
THOSE PORTIONS OF LOTS 2 AND 3 THE NORTH l/3 OF LOT 4 AND THE EAST
HALF OF THE NORTHEAST 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, LYING SOUTHWESTERLY OF THE SOUTHWESTERLY LINE OF THE 200 FOOT RIGHT OF
WAY OF THE.ATCHISON, TOPEKA AND. SANTA FE RAILROAD.AND LYING EASTERLY OF THE EASTERLY LINE OF PARCEL S-A AS DESCRIBED IN THE FINAL ORDER OF CONDEMNATION IN SUPERIOR COURT OF SAN DIEGO COUNTY, CASE NO. 165983,
A COPY OF WHICH BEING RECORDED APRIL 23, 1952 IN BOOK 4444, PAGE 396
OF OFFICIAL RECORDS, SAID EASTERLY LINE BEING DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTH LINE OF SAID FRACTIONAL SECTION 29, DISTANT THEREON NORTH 89O49'10" WEST 325.97 FEET FROM THE CORNER
COMMON TO SECTIONS 28, 29, 32 AND 33, TOWNSHIP 12 SOUTH, RANGE 4 WEST,
SAN BERNARDINO MERIDIAN, SAID POINT ALSO BEING DISTANT ALONG SAID SOUTH LINE SOUTH 89O49'10" EAST 88.23 FEET FROM ENGINEERS STATION 196
PLUS 46.33 ON THE CENTER LINE OF THE DEPARTMENT OF PUBLIC WORKS SURVEY
MADE IN 1947 BETWEEN HALF MILE SOUTH OF SAN MARCOS CREEK AND 2.2 MILES SOUTH OF CARLSBAD, ROAD XI-SD-2-B; THENCE ALONG A LINE PARALLEL WITH
AND DISTANT 80.00 FEET EASTERLY AT RIGHT ANGLES FROM THE CENTER LINE
OF SAID SURVEY NORTH 24O45'30" WEST 72.54 FEET; THENCE ALONG A TANGENT
CURVE TO THE RIGHT WITH A RADIUS OF 6,120 FEET THROUGH AN ANGLE OF 4O55'30" A DISTANCE OF 526.06 FEET; THENCE NORTH 19O50' WEST 3628.47
FEET; THENCE ALONG A TANGENT CURVE TO -THE R.IGHT WITH A RADIUS OF .19,846 FEET THROUGH AN ANGLE POINT OF oO22'46" A DISTANCE OF '131.43 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 2, DISTANT ALONG SAID
NORTH LINE SOUTH 89O55'53" WEST 466.01 FEET FROM THE NORTHEAST CORNER
OF SAID LOT 2, SAID POINT ALSO BEING DISTANT ALONG SAID NORTH LINE OF LOT 2 NORTH 89O55'53" EAST 84.78 FEET FROM ENGINEER'S STATION 240 PLUS 28.54 ON THE CENTER LINE OF SAID SURVEY.
EXCEPTING THEREFROM SAID LOT 3, THAT PORTION CONVEYED TO THE COUNTY OF' SAN DIEGO, IN PARCEL 2 OF DIRECTORS DEED RECORDED DECEMBER 22, 1966 AS FILE NO. 198819 OF OFFICIAL RECORDS.
PAGE 1 OF 5
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1524
EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHERLY TERMINUS OF COURSE NO. 5 OF PARCEL ONE OF THAT CERTAIN DIRECTORS DEED CONVEYED TO THE COUNTY OF SAN DIEGO AND
RECORDED ON DECEMBER 22, 1966 AS FILE NO. 198819 OF OFFICIAL RECORDS SAID COURSE NO. 5 HAVING A BEARING AND DISTANCE OF NORTH 13°05'20" WEST, 20.00 FEET; THENCE ALONG THE SOUTHERLY PROLONGATION OF SAID COURSE SOUTH 13O46'30" EAST 28.75 FEET TO A LINE HAVING A BEARING OF SOUTH 76O16'30" WEST, SAID LINE BEING SOUTH 13O46'30" EAST 28.75 FEET
FROM THE NORTHERLY LINE OF POINSETTIA LANE MEASURED ALONG THE
SOUTHERLY PROLONGATION OF SAID COURSE NO. 5; THENCE SOUTH 76O16'30"
WEST 1155.57 FEET TO THE INTERSECTION WITH THE WESTERLY RIGHT OF WAY
OF THE ATCHISON, TOPEKA AND SANTA FE RAILROAD COMPANY, SAID POINT OF
INTERSECTION BEING THE TRUE POINT OF BEGINNING AND BEING DISTANT SOUTH
21OO8'51" EAST 27.97 FEET FROM THE NORTHERLY LINE OF POINSETTIA LAND
AS MEASURED ALONG THE WESTERLY RIGHT OF WAY OF SAID RAILROAD COMPANY; THENCE ALONG SAID WESTERLY RIGHT OF WAY LINE NORTH 21OO8'51" WEST 51.43 FEET TO A LINE PARALLEL WITH AND DISTANT NORTHERLY 51.00 FEET
MEASURED AT FIGHT ANGLES TO THE ABOVE MENTIONED LINE HAVING A BEARING
AND DISTANCE OF SOUTH 76O16'30" WEST 1155.57 FEET; THENCE ALONG SAID PARALLEL LINE SOUTH 76O16'30" WEST 495.77 FEET TO THE INTERSECTION WITH THE EASTERLY RIGHT OF WAY OF THE STATE HIGHWAY AS DESCRIBED IN PARCEL 5A OF FINAL ORDER OF CONDEMNATION IN SUPERIOR COURT OF SAN
DIEGO COUNTY CASE #165983 FILED IN THE OFFICE OF THE COUNTY CLERK OF
SAID COUNTY; THENCE ALONG SAID EASTERLY LINE SOUTH 19O50'19" EAST 51.29 FEET; THENCE NORTH 76O16'30" EAST 496.95 FEET TO THE TRUE POINT
OF BEGINNING.
EXCEPT THEREFROM THOSE PORTIONS PREVIOUSLY DEDICATED TO THE PUBLIC USE AS DESCRIBED IN THE AFOREMENTIONED DIRECTORS DEED RECORDED DECEMBER
22, 1966 AS FILE NO. 198819 OF OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHERLY TERMINUS 0F COURSE NO. 5 OF PARCEL ONE OF.
THAT CERTAIN DIRECTORS DEED CONVEYED TO THE COUNTY OF SAN DIEGO AND RECORDED ON DECEMBER 22, 1966 AS FILE NO. 198819 OF OFFICIAL RECORDS
SAID COURSE NO. 5 HAVING A BEARING AND DISTANCE OF NORTH 13OO5'20"
WEST, 20.00 FEET; THENCE ALONG THE SOUTHERLY PROLONGATION OF SAID COURSE SOUTH L3O46'30" EAST 28.75 FEET TO A LINE HAVING A EEARING OF SOUTH'76°16'30" WEST, SAID LINE BEING SOUTH 13O46'30" EAST 28.75 FEET FROM THE, NORTHERLY LINE OF POINSETTIA LANE MEASURED ALONG THE SOUTHERLY PROLONGATION OF SAID COURSE NO. 5; THENCE SOUTH 76O16'30" WEST 1155.57 FEET TO THE INTERSECTION WITH THE WESTERLY RIGHT OF WAY OF THE ATCHISON, TOPEKA AND SANTA FE RAILROAD COMPANY, SAID POINT OF INTERSECTION BEING THE TRUE POI;JT OF BEGINNING AND BEING DISTANT SOUTH
21°08'51" EAST 27.97 FEET FROM THE NORTHERLY LINE OF .POINSETTIA LANE AS MEASURED ALONG THE WESTERLY RIGHT OF WAY OF SAID RAILROAD COMPANY; THENCE ALONG SAID WESTERLY RIGHT OF WAY LINE SOUTH 21OO8'51" EAST
51.43 FEET TO A LINE PARALLEL WITH AND DISTANT SOUTHERLY 51.00 FEET
PAGE 2 of 5
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MEASURED AT RIGHT ANGLES TO THE ABOVE MENTIONED LINE HAVING A BEARING
AND DISTANCE OF SOUTH 76O16'30" WEST 1155.57 FEET; THENCE ALONG SAID
PARALLEL LINE SOUTH 76O16'30" WEST 498.13 FEET TO THE INTERSECTION WITH THE EASTERLY RIGHT OF WAY LINE OF THE STATE HIGHWAY AS DESCRIBED
IN PARCEL 5A OF FINAL ORDER OF CONDEMNATION IN SUPERIOR COURT OF SAN
DIEGO COUNTY CASE #165983 FILED IN THE OFFICE OF THE COUNTY CLERK OF SAID COUNTY OF SAID COUNTY; THENCE ALONG SAID EASTERLY LINE NORTH 19°50'19" WEST 51.29 FEET; THENCE NORTH 76O16'30" EAST 496.95 FEET TO THE TRUE POINT OF BEGINNING.
EXCEPTING THEREFROM THOSE PORTIONS PREVIOUSLY DEDICATED TO THE PUBLIC
USE AS DESCRIBED IN THE AFOREMENTIONED DIRECTORS DEED RECORDED
DECEMBER 22, 1966 AS FILE NO. 198819 OF OFFICIAL RECORDS.
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 2:
THOSE PORTIONS OF THE EAST HALF OF SECTION 29 AND THE WEST HALF OF
SECTION 28, 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 NORTHWEST CORNER OF THE EAST HALF OF THE NORTHEAST QUARTER OF SAID SECTION 29; THENCE ALONG THE NORTHERLY LINE OF SAID EAST HALF OF THE NORTHEAST QUARTER NORTH 89O58'20" EAST 294.68 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 600.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 63O10'41" AN ARC DISTANCE OF 661.60 FEET; THENCE
:TANGENT TO SAID CURVE .SOUTH 26O50'59" EAST 389.48 FEET TO THE
'BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS t)F
1700.00 FEET; THENCE SOUTHERLY ALONG'SAID LAST MENTIONED CURVE THROUGH
A CENTRAL ANGLE OF 9O37'29" AN ARC DISTANCE.OF 285.57 FEET; THENCE
TANGENT TO SAID LAST MENTIONED CURVE SOUTH 17O13'30" EAST 1187.36 FEET
TO THE BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 1250.00 FEET; THENCE SOUTHERLY ALONG SAID LAST MENTIONED CURVE, THROUGH A CENTRAL ANGLE 23°30'OO" AN ARC DISTANCE OF 512.69 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE EASTERLY HAVING A RADIUS OF 500.00 FEET; THENCE SOUTHERLY ALONG SAID LAST MENTIONED CURVE TO AN INTERSECTION WITH THE NORTHERLY LINE OF THAT CERTAIN PARCEL OF LAND DEEDED TO THE COUNTY OF SAN DIEGO IN PARCEL 1 OF DIRECTORS DEED RECORDED DECEMBER 22, 1966 AS FILE NO. 198819 OF OFFICIAL RECORDS; THENCE SOUTH 76O54'40" WEST ALONG SAID NORTHERLY LINE TO THE EASTERLY
LINE OF THE 200.00 FOOT ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY RIGHT OF WAY; THENCE ALONG SAID EASTERLY LINE NORTH 21°08'15" WEST TO
THE WEST LINE OF SAID EAST HALF OF THE NORTHEAST QUARTER; THENCE ALONG
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SAID WEST LINE NORTH OO"02'20" WEST, 765.33 FEET TO THE TRUE POINT OF
BEGINNING.
EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHERLY TERMINUS OF COURSE NO. 5 OF PARCEL 1 OF
THAT CERTAIN DIRECTORS DEED CONVEYED TO THE COUNTY OF SAN DIEGG AND
RECORDED ON DECEMBER 22, 1966 AS FILE NO. 198819 OF OFFICIAL RECORDS, SAID COURSE NO. 5 HAVING A BEARING AND DISTANCE OF NORTH 13°05'2~" WEST, 20.00 FEET; THENCE ALONG THE SOUTHERLY PROLONGATION OF SAID CURVE SOUTH 13O46'30" EAST 28.75 FEET TO A LINE HAVING A BEARING OF SOUTH 76O16'30" WEST, SAID LINE BEING SOUTH 13O46'30" EAST 28.75 FEET
FROM THE NORTHERLY LlNE OF POINSETTIA LANE MEASURED ALONG THE SOUTHERLY PROLONGATION OF SAID COURSE NO. 5; THENCE SOUTH 76O16'30"
WEST 243.98 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING THE
SOUTHERLY TERMINUS OF THAT CERTAIN COURSE CITED AS BEING A CURVE
HAVING A RADIUS OF 500.00 FEET AND AN ARC DISTANCE OF 174.53 FEET IN
PARCEL 2 IN DEED TO JOHN D. LUSK & SON, A CALIFORNIA CORPORATION, RECORDED JANUARY 9, 1973 AS FILE NO. 73-006848 OF OFFICIAL RECORDS OF
SAID SAN DIEGO COUNTY; THENCE CONTINUING SOUTH 76O16'30" WEST 709.90 FEET - RECORD 710.09 FEET - TO THE INTERSECTION WITH THE EASTERLY RIGHT OF WAY LINE OF THE ATCHISON, TOPEKA AND SANTA FE RAILROAD
COMPANY SAID POINT OF INTERSECTION BEING DISTANT SOUTH 21°08'51"'EAST
28.15 FEET FROM THE NORTHERLY LINE OF POINSETTIA LANE AS MEASURED
ALONG THE EASTERLY RIGHT OF WAY OF SAID RAILROAD COMPANY; THENCE ALONG SAID EASTERLY RIGHT OF WAY NORTH 21°08'51" WEST 51.43 FEET TO A LINE
PARALLEL WITH AND DISTANT NORTHERLY 51.00 FEET MEASURED AT RIGHT
ANGLES TO THE ABOVE MENTIOMED LINE HAVING A BEARI'NG AND DISTANCE OF
SOUTH 76O16'30" WEST 709.90 FEET; THENCE ALONG SAID PARALLEL LINE NORTH 76O16'30" EAST 719.15 FEET TO THE INTERSECTION WITH A NON TANGENT CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 500.00 FEET, SAID CURVE BEING THE ABOVE MENTIONED CURVE HAVING A RADIUS OF 500.00 FEET, A RADIAL FROM SAID POINT BEARS NORTH 82OO7'45" EAST; THENCE SOUTHERLY ALONG SAID CURVE THR0UGH.A CENTRAL ANGLE OF S"51'15" AN ARC
LENGTH OF 51.09 FEET TO THE TRUE POINT.OF BEGINNING.
EXCEPTING THEREFROM THOSE PORTIONS PREVIOUSLY DEDICATED TO THE PUBLIC USE AS DESCRIBED IN THE AFOREMENTIONED DEED RECORDED DECEMBER 22, 1966
AS FILE NO. 198819 OF OFFICIAL RECORDS.
EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF THE EAST HALF OF THE NORTHEAST QUARTER OF SAID SECTION 29; THENCE SOUTH 2OO27'52" EAST 869.10 FEET; THENCE SOUTH 69O32'08" WEST 275.76 FEET TO A POINT ON THE EASTERLY
RIGHT OF WAY LINE OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY, BEING 200.00 FEET WIDE; THENCE ALONG SAID RIGHT OF WAY LINE NORTH 2OO27'52" WEST 154.51 FEET TO A POINT ON THE EASTERLY LINE OF LOT 1 IN SAID SECTION 29; THENCE ALONG SAID LINE NORTH OO38'14" EAST 765.95 FEET TO THE POINT OF BEGINNING.
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1527
EXCEPTING THEREFROM THAT PORTION THEREOF DEEDED TO THE CITY OF CARLSBAD BY DEED RECORDED SEPTEMBER 30, 1994 AS FILE NO. 1994-0580813
OF OFFICIAL RECORDS.
ALSO, 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.
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