HomeMy WebLinkAboutZC 269; Lusk & Son, John D.; 82-361932; Public Facilities Fee Agreement/ReleaseREdORDIbG REQUESTED BY AND
WHEN RECORDED 'MAIL TO: .-
CITY OF CARLSPAD ;
1200 Elm Avenue
Carlsbad, Califor',;ia 92008 982 No! 23 F”i;i 1: 4 1 No
1 vjT;?A, , 1.1. 1
Space above this line DR Et kb%&ieif!?s ).I s e I
Documentary transfer tax: $ No fee
Signature of declarant determining
tax-firm name
City of Carlsbad
-. Parcel No.
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this 12 day of October , 1982
by and between John D. Lusk & Son,
. (name of developer-owner)
l .
a Cw Cnrnnrn t i nn , .hereinafter referred to as
(Corporation, partnership, etc.)
"Developer" whose address is 17550 Gillette. (street)
CA 92713 -and THE CITY OF
(City, state, zip code) . . .~
CAR.LSBAD, a municipal corporation of the State of California,
hereinafter referred to as "City", whose address
Carlsbad, California, 92008.
WITNESSETH:
WHEREAS, Developer is the owner of the real
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 0.f City; and
. . WHEREAS, Develop.er proposes a development of the property
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.i on, said Property, which. development carries the PL posed name of
(unknown)
and is hereafter referred to as "Development"; and ,
','. WHEREAS, Developer filed on the 12th day of October 3
19 82 , with the City a request for Property rezoning from RA-10,000
to RDM (Residential Density Multiple) and Q (Qualified Overlay Zone)
-aLF
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 April 2, 1982; in 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.
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REV 4-2-82
.
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. - XOW, THEREFORE, 1 consideration of the ret .als and the L
covenants contained herein, the parties agree as follows:
1. The Developer shall pay to the City a public facilities fee
f .
in an amount not to excel’d 2% 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 o’ther construction permits for the development and shall
be based on the valuation at that time. This fee shall be in
addition to a’ny fees, dedications or improvements required pursuant
to Titles 18, 20 or 21 of the Carlsbad Municipal Code. Developer
shall pay a fee for conversion o f existing building or structures
into condominiums in an amount not.to exceed 2% 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 i-nclude community
apartment or stock cooperative. The terms’ “other construct ion
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 to City a public
facilities fee in the sum of $1,150 for each mobilehome space to be
constructed pursuant to the Reque‘st. 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 f’ees, dedications
or improvements required according to Titles 18, 20 or 21 of the
Carlshad Nunicipal Code.
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1449 ,
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 sit,e. 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.
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 l
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.
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.’ * I ’ . ’ -6 l All obligatior.- hereunder shall terminate-n the event the
Requests made by Developer are 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 may 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 the City, and references to Developer or City herein
shall be deemed to be 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 of 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.
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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 of the
State of California
Donovan D. Huennekens, President
BY
City Manager
ATTEST:
ALETHA L. RAUTENKRANZ, City Cler
APPROVED fi FORM:
INCENT F. BIONDO, JR.,
, *City Attorney
(Notarial acknowledgement of execution by DEVELOPER-OWNER must be
attached.)
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TO I.41 CA (0.74)
(Corporation) ‘P 1452
STATE OF CALIFORNIA
COUNTYOF ORANGE
ss.
on Tsovabr 4, 1982 before me, the
State, personally appeared DonovanD.Huennekens
Signature
undersigned, a Notary Public in and for said
known to me to be the
known to me to be Sr* ‘ice president
President,
w
of the corporation that executed the within Instrument,
known to me to be the persons who executed the within
Instrument on behalf of the corporation therein named, and
acknowledged to me that such corporation executed the
within instrument pursuant to its by-laws or a resolution of
its board of directors.
WlTNESS my hand and official seal.
an,j Donald D. SteffC?lIS3I ' ,
+*++*c*~+*~~*4**4~44~ OiFlCiirL SEAL JAp.!:: :; /., PiF;WHE :.
NOTAl?i’ ~‘:,.!~,I~:.C~!.~.~;-ORNIA 9”
O!li.rd(.:E Cp!jp:-f) :
My Comcxston Ei.pires Uec 13 1985 t l ~~~*~~,~~~t~4,~~~~)~~~~~~4~~~
(This area for 0fTicial notarial seal)
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ATTACHMENT "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 2q 3 THE NORTH l/3 OF LCT 4 AQD
THE EAST HALF OF THE NORTHEAST OUAKTER OF SECTION 29~ TOWNSHIP 12 SOUTH*
RANGE 4r WEST, SAN BERNARDINO MERIDIAN* IN THE CITY OF CARlSBADv IN THE
COUNTY OF SAN DIEGO* STATE OF CALIFCRNIAe ACCORDING TO OFFICIAL FLAT
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 OIEGO COUNTYT CASE NO. 165983~ A COPY OF WHICH BEING
RECORDED APRIL 239 1952~ AS DOCUMENT NO. 50269 Ilv BOOK 44449
PAGE 395 OF OFFICIAL RECORDS* SAID EASTERLY LINE BEING DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT ON THE SOUTH LINE OF SAID FRACTIONAL SECTION 299
DISTANT THEREON NORTH 89’ 49’ 10” WEST 325.97 FEET FROM THE CORNER COMMON TO
SECTIONS 28~ 299 32 AND 339 TOWNSHIP 12 SOUTH* RANGE 4 WEST-
SAN BERNARDINO MERIDIAN, SAID POINT ALSO BEING DISTANT ALONG SAID SOUTH
LINE SUUTH 89’49’10” 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
CARLSBADr ROAD XI-SD-2-B; THErICE ALGNG A LINE PARALLEL WITH AND DISTANT
80.00 FEET EASTERLY AT RIGHT ANGLES FROM THE CENTER LINE OF SAID SURVEY
NORTH 24’45.30” WEST 72.54 FEET; THENCE ALONG A TANGENT CURVE TO THE RIGHT
dITH A RADIUS GF 6~120 FEET THROUGH AN ANGLE OF 4°55’30” A DISTANCE OF
526.06 fEET; THENCE NORTH L9*50* WEST 3628.47 FEET; THENCE ALONG A
TANGENT CURVE TO THE RIGHT WITH A RADIUS OF 19r846 FEET THROUGH AN ANGLE
OF 0’22’46” A DISTANCE OF 131.43 FEE1 TO A PdINT ON THE NORTH LIKE OF SAID
LOT 2, DISTANT ALONG SAX0 NORTH LINE SOUTH 89’55’53” WEST 466.01 FEET FROM
THE NORTHEAST CORNER OF SAID LOT 2, SAID PUINT ALSO dEIKG DISTANT ALONG
SAID NORTH LINE OF LOT 2 NORTH 89’55.53” EAST 84.78 FEET FROM ENG1NEER.S
STATION 240 PLUS 28.54 ON THE CENTER LINE OF SAID SURVEY.
EXCEPTING THEREFROM SAID LOT 39 THAT PORTION CONVEYED TO THE COUlvTY OF
SAN DIEGOI IN PARCEL 2 OF DIRECTORS DEED RECORDED DECEMBER 22, 19669 FILE
NO. 198819 OF OFFICTAL RECORDS.
ALSO EXCEPTING THEREFROM ANY PORTIONI NOti OR HERETOFORE LYING BELOW THE
MEAN hlGH TIDE LINE OF THE PACIFIC OCEAPI;.
EXCEPTING THEREFROM THAT PORTION DESCRIBE0 AS FOLLOWS:
COMMENCING AT THE SOUTHERLY TERMIKUS OF COURSE t5 OF PARCEL ONE OF THAT
CERTAIN DIRECTORS DEED CONVEYED TO THE COUhTY OF SAN DIEGO AND RECORDED ON
DECEMBER 22, 1966 AS FILE/PAGE NO. 198819 SAID COURSE NO. 5 HAVING A
BEARlNG AND DISTANCE Of NORTH 13’05’20” WEST, 20.00 FEET; THENCE ALONG THE
SOUTHERLY PROLONGATION Of SAID COURSE SOUTH L3’46*30no EAST 28.75 FEE1 TO A
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LINE HAVING A BEARING Of SOUTH 76’16.30” WEST. SAID LINE BEING SOUTH
13’46.30” EAST 28.75 FEET FRm THE NORTHERLY LINE OF POINSETTIA LANE
MEASURED ALONG THE SOUTHERLY PROLONGATION OF SAID COURSE NO. 5; THENCE
SOUTH 76’16’30’ WEST 1155.57 FEET TO THE INTERSECT101 WITH THE WESTERLY
RIGHT OF WAY OF THE ATLHISON, TOPEKA AND SANTA FE RAILROAD COMPANYI SAID
POINT OF INTERSECTION bEING THE TRUE POINT OF BEGINNING AND BEING DISTANT
SOUTH 21’06’51”’ EAST 27.97 FEET FROM THE NORTHERLY LINE OF POINSETTIA LAND
AS MEASUKED ALONG THE WESTERLY RIGHT Of IdAY OF SAID RAILROAD COWANY;
THENCE ALONG SAID WESTERLY RIGHT OF WAY LINE NORTH 21’08’51” WEST 51.43
FEET TO A LINE PARALLEL WITH AND DISTANT NORTHERLY 51.00 FEET MEASURED
AT RlGHT ANGLES TO THE ABOVE MENTIONED LINE HAVING A BEARING AND DISTANCE
OF SOUTH 76’16’30” WEST 1155.57 FEET; THENCE ALONG SAID PARALLEL L INE
SOUTH 76’ 16.30” WEST 495.77 FEET T’3 THE INTERSECTION WITH THE EASTERLY
RIGHT OF WAY LINE OF THE STATE HIGHWAY AS DESCRIBED IN PARCEL 5A OF FINAL
ORDER Uf CONDEMNATION IN SUPERIOR COURT OF SAN DIEGO COUYTY CASE 2 165983
FILED IN THE OFFICE OF THE COUNTY CLERK OF SAID COUNTY; THENCE ALONG SAID
EASTERLY LINE SOUTH 19-50’19” EAST 51.29 FEET; THENCE NORTH 76’ 16’30”
EAST 496.95 FEET TO THE TRUE POINT OF BEGINNING.
EXCEPT THEREFROM THOSE PORTION5 PREVIOUSLY DEDICATED To THE PUBLIC USE
AS DESCRISED IN THE AFOREMENTIONED DIRECTORS DEED RECORDED
DECEMBER 22, 1966 AS FILE/PAGE NO. 196819.
ALSO EkCEPTING THEREFROfl THAT PORTION DESCRIaED AS FOLLOWS:
COMMENCING AT THE SOUTHERLY TERMIKUS OF COURSE 15 OF PARCEL ONE OF THAT
LERTAIN DIRECTORS DEED CONVEYED TO THE COUNTY OF SAN DIEGO ArJD RECOROED
ON OECEMBER 22, 1966 AS FILE/PAGE ND. 198819 SAID COURSE NO. 5 HAVING A
BEARING AND DISTANCE OF NORTH 13.U5’20“ WEST, 20.00 FEET; THENCE ALONG THE
SOUTHEKLY PROLONGATION OF SAID COURSE SOUTH 13’46’30” EAST 28.75 FEET TO A
LINE HAVING A BEARING DF SOUTH 76’ L6.30” WEST. SAID LINE BEING SOUTH
13’46’30” EAST 28.75 FEET FROH THE NORTHERLY LINE OF POINSETTIA LANE
MEASURED ALONG THE SOUTHERLY PROLONGATION OF SAID COURSE NO. 5; THENCE
SOUTH 76’16’30” WEST 1155.57 FEET TO THE INTERSECTION WITH THE WESTERLY
RIGHT OF WAY OF THE ATCHlSGN, TOPEKA AND SANTA FE RAILROAD COMPANY. SAID
POINT OF INTERSECTION BEING THE TRUE POINT OF GEGINNING AND BEING DISTANT
SOUTH 2 1’ 08.51” EAST 27.97 FEET FRO w 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 2l’u8’51” EAST 51.43
FEET TO A LINE PARALLEL WITH AND DISTANT SOUTHERLY 51.00 FEET MEASURED AT RIGHT ANGLES TO THE ABOVE MENTIONED LINE HAVING A BEARING AND DISTANCE OF
SOUTH 76’16’30” WEST 1155.57 FEET; THENCE ALUNG SAX0 PARALLEL LINE SOUTH
76’16m30” WEST 498.13 FEET TO THE IhTERSECTION WITH THE EASTERLY RIGHT OF
WAY LINE OF THE STATt HIGHWAY AS DESCRIBED IY PARCEL 5A OF FINAL ORDER OF
CONDEHNATION IN SUI’ERIGR COURT OF SAN DIEGO COUNTY CASE ;: 165983 FILED IN
THE OFFICE OF THE COUNTY CLERK OF SAID COUNTY: THENCE ALONG SAID EASTERLY
LINE NORTH 19’50’19” WEST 51.29 FEET; THENCE NORTH 76-16’30” EAST 496.95
FEET TO THE TRUE QUINT OF BEGINNING.
EXCEPTING THEREFROM THOSE PORTIONS PREVIOUSLY DEDICATED TO THE PUBLIC
1099088 PAGE 10
USE AS DESCRIBED IN THE AFOREMENTIONED DIRECTORS DEED RECORDED
DECEHBE R 22 9 1966 AS FILE/PAGE NO. 198819.
ALSO EXCEPTING THEREFROM ALL OIL AND MINERAL RIGHTS BELOW 500 FEET
WITHOUT RIGHT OF SURFACE ENTRY AS RESERVED BY Am L. SHIPLEYI JR.,
CONSERVATOR OF THE ESTATE OF GEORGE HI CAPRCN IN DEED RECORDED
JUNE 30~ 1969, F I LE/PAGE NO. 116905.
PARCEL 2:
THOSE PORT(ONS Of THE EAST HALF OF SECTION 29 AND THE wEST HALF OF SECTION 28~ TOWNSHIP 12 SOUTH, RANGE 4 wESTv SAN BERNARCINO nERIDIANI
1N THE CITY OF CARLSBADv IN THE COUNTY OF SAN DIEGO* STATE Of CALIFORNIA,
ACCORDING TO OFFICIAL PLAT THEREOF9 DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF THE EAST HALF OF THE NORTHEAST
QUARTER OF SAID SECTION 29; THENCE ALONG THE NGRTHERLY LINE
OF SAID EAST HALF OF THE NLiRTHEAST QUARTER NORTH 89’S8m20a EAST 294.68
FEET TO THE BEGINNING OF A TAMGENT CURVE CONCAVE SOUTHWESTERLY
HAVING A RADlUS OF 600.00 FEET; THENCE SOUTHEASTERLY ALONG
SAID CURVE THROUGH A CENTRAL ANGLE Of 63’10*41” AN ARC DISTANCE
OF 661.60 FEET; THENCE TANGENT TO SAID CURVE SOUTH 26’SOeS9” EAST
389.48 FEET TO THE BEGINNING Of A TANGENT CURVE CCNCAVE WESTERLY HAVING
A RADIUS OF 1700.00 FEET; THENCE SOUTHERLY ALOhG SAID LAST MENTIONEO
CUKVE THROUGH A CENTRAL ANGLE OF 9- 37’29” AN ARC DISTANCE OF 285.57 FEET;
THENCE TANGENT TO SAID LAST MENTICNED CURVE SOUTH 17. 13’30” EAST 1187.36
FEET TO THE BEGINNING OF A TAYGENT CURVE CONCAVE WESTERLY HAVING A RADIUS
OF 1250.00 FEET; THENCE SOUTHERLY ALONG SAID LAST MENTIONED CURVE* THROUGH
A CENTkAL ANGLE OF 23’30‘00” AN ARC DISTANCE OF 512.69 FEET TO THE
BEGINNING OF A EVERSE CURVE CONCAVE EASTERLY HAVING A RADIUS OF 500.00
FEET; THENCE SOUTHERLY ALONG SAID LAST ME?r(TIONED CURVE TO AN INTERSECTION
UITH THE NORTHERLY LINE OF THAT CERTAIN PARCEL OF LAND DEEDED TO THE
COUNTY OF SAN DIEGO IN PARCEL 1 OF DIRECTORS DEED RECORCEO
DECEMBER 22~ 1966~ RECORDER’S FILE NO. 198819 OF OFFICIAL RECORDS;
THENCE SOUTH 76’54*40” WEST ALONG SAID NORTHERLY LINE TO THE EASTERLY LINE
OF THE 200.00 FOOT ATCHISON, TOPEKA AND SANTA FE RAILHAY COMPANY RIGHT OF
WAY; THENCE ALONG SAID EASTERLY LINE NORTH 21’08~1Sn WEST TO THE WEST LINE
OF SAID EAST HALF OF THE NORTHEAST QUARTER; THENCE ALONG SAID HEST LINE
NORTH OD= 02.ZO- WEST 765.33 FEET TO THE POINT OF BEGINNING.
EXCEL’TING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS:
COMMtiNCING AT THE SOUTHERLY TERMINUS DF COURSE $S Of PARCEL ONE
OF THAT CERTAIN DIRECTURS DEED CONVEYED TO THE COUNTY OF
SAN DIEGO AND RECORDED ON DECEMBER 221 1966~ RECORDER’S FILE NO. 198819
SAID COURSE NO. 5 HAVING A BfARING AN0 DISTANCE Of NI)RTH 13’05’20” WESir
20.00 FEET; THENCE ALONG THE SOUTHERLY PROLONGATION OF SAID COURSE SOUTH
13’46*3U” EAST 28.75 FEET TO A LINE HAVING A BEARING OF SOUTH 76’16’30”
UESTT SAID LINE E!EING SOUTH 13’46’30” EAST 28.75 FEET FROM THE NORTHERLY
LINE OF PCINSETTIA LANE MEASURED ALCNG THE Si)UTHERLY PROLONGATION OF SAID
1099088 PAGE 11
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COURSE NO-S; THENCE SOUTH ?6’16*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 01 LUSK t SONT A CALIFORNIA
COHPURATIONT RECORDED JANUARY 9~ 1973~ RECORDER@ S Fi LE NO. 73-006848~ OFFICIAL RECORDS OF SAID SAN DIEGO COUNTY; THENCE CONT INU ING SOUTH
76’16*30” WEST 709.90 FEETI -RECORD -710.09 FEET-T TO THE INTERSECTION
WITH THE EASTERLY RIGHT OF WAY LINE OF THE ATCHISONT TOPEKA AND SANTA FE
RAILROAD COMPANY SAID POINT OF INTERSECTION BEING DISTANT SOUTH 21’08’S1a
EAST 28.15 FEET FROM THE NORTHERLY LINE OF POINSETTIA LANE AS MEASURED
ALONG THE EASTERLY RIGHT OF UAY OF SAID RAILROAD COMPANY; THENCE ALONG
SAID EASTERLY RI;HT OF WAY LINE NORTH 21’08e51m UEST 51.43 FEET TO A LINE
PARALLEL CliTH AN0 DISTANT NORTHERLY 51.00 FEET MEASURED AT RIGHT ANGLES TO
THE ABOVE MENTIONED LINE HAVING A BEARIN AND DISTANCE OF SOUTH 76’16@30”
WEST 709.90 FEET; THENGE ALONG SAID PARALLEL LINE N@RTH 76’16’30” 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 SOO,00 FEET* A RADIAL FROM SAID POINT BEARS
NORTH t32-07’45” EAST; THENCE SOUTHERLY ALONG SAID CURVE THROUGti A CENTRAL
ANGLE OF S’Sl*lS” AN ARC LENGTH OF 51.09 FEET TO THE TRUE POINT OF
BEGINNING-
EXCEPTING THEREFROM THOSE PORTIONS PREVIOUSLY DEDICATED
TO THE PIJBLIC USE AS DESCRIBED IN THE AFORECENTIONED DEED
RECORDED DECEMBER 22~ 1966~ RECORDER’S FILE NO. 198819.
ALSO EXCEPTING THEREFROM ALL OIL AND MINERAL RIGHTS BELOW
SO0 FEET WITHOUT RIGHT OF SURFACE ENTRY AS RESERVED dY A.L.
SHIPLEYT JR-T CONSERVATOR OF THE ESTATE OF GEORGE HI CAPRDN
IN DEED RECORDED JUNE 309 19tB9T REC0RDER.S FILE NO. 116905.
“NOTE : WE AKE ENCLOSING HEREWITH OUR BILL FOR CHARGES
INCURRED IN THE ISSUANCE OF THIS TITLE REPORT IN THE
AMGUNT OF ~150.00
SHOULD YGU REQUIRE A SUBSEQUENT POLICY AND WHERE NO MAJOR CHANGE
IN THE TITLE REPORT HAS OCCURRED SINCE THE ISSUANCE OF THIS REPORTI
THE ORDER MAY BE RE-GPENED AND THE CHARGE FOR THIS REPORT EXCLUDING
ANY EXTRA WORK CHARGES MAY BE CREDITED ON A SUBSEQUENT POLICY
CHARGE WITHIN THE FOLLOWING TIME PERIODS FROM THE DATE OF THE
REPORT AS FOLLIJWS:
UITHIN 24 MONTHS - loo PERCENT OF THE CHARGE MAY BE CREDITED
TO THE FINAL POLICY CHARGE.
OVER 24 BUT LESS THAN 36 MONTHS -- 50 PERCENT OF THE REPORT CHARGE
MAY BE CREDITED TO THE FlNAL POLICY REYORT.”
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