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HomeMy WebLinkAboutPR 3.4.317; Baker & Rudvalis; 2004-0539897; Condemnation16561 RECORDING REQUESTED BY: ASARO, KEAGY, FREELAND & MCKINLEY By: RICHARD R. FREELAND, SB# 64092 Fourth Floor, 3170 Fourth Avenue San Diego, CA 92103 (619)297-3170 AND WHEN RECORDED MAIL TO: ASARO, KEAGY, FREELAND & MCKINLEY By: RICHARD R. FREELAND, SB# 64092 Fourth Floor, 3170 Fourth Avenue San Diego, CA 92103 (619)297-3170 EXEMPT FROM FILING FEES PER GOVT. CODE § 6103 2004-0539697 DOC ft 2004-0539897 JUN O9* 2QO4 2=24 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SHITH, COUNTY RECORDER FES: 0.00 This Space for Recorder's Use Only FINAL ORDER OF CONDEMNATION < ak.iik\KORM\nNORDIiR\COVliR Wl'D 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 16562 ^F rCv Y~O * ^ -',... V^ '•E':':-; n -AxY) Cl*"£**^™&$^ .-•'"'*'' \VV''-- ''\£8!$4 \>By: PiisJkfei&A r^,••-*, >cC3>^ ' '-'ePuty IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN DIEGO CITY OF CARLSBAD, ) ) Plaintiff, ) ) •\ ) WILLIAM BAKER, DONNA MARIE BAKER, ) et al., ) ) Defendants. ) ) CITY OF CARLSBAD, ) ) Plaintiff, ) ) v. )) JOSEPH A. RUDVALIS and BARBARA G. ) RUDVALIS, etc., et al., ) Defendants. ) G:\kmk\CARLSBAD\BAKER\Alter-App\Final-Ord.wpd 5/1 0/04 4:26 PM 1 No. N78249-1 (Consolidated with No. N 78252-1) Complaint Filed 06/03/98 FINAL ORDER OF CONDEMNATION Dept.: 27 Judge: Hon. Jacqueline M. Stern FINAL ORDER OF CONDEMNATION 17 2OO4 8:57RM HP LRSERJET 32OO I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 16563K. p.2 It appearing to the Court that judgment in condemnation has been entered in the above- entitled action on January 28,2004, adjudging that Plaintiff is entitled to take by condemnation the property described hereinbelow and in accordance with said Judgment, Plaintiff has paid the sum of money due; NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the real property and real property interests situated in the County of San Diego, State of California, and more particularly described in Exhibits A and B, respectively, attached hereto and made a part hereof, be condemned to Plaintiff for the Poinsettia Lane Extension/Ballantine Road Project. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that a certified copy of this Order be recorded in the Office of the County Recorder of the County of San Diego, State of California, and thereupon, the interest in said property as described in Exhibits A and B, respectively, shall vest in Plaintiff. Dated: JUN 0 3 2004 JOAN P. WEBER SUBMITTED BY: Date: Judge of the Superior Court SIGNED PURSUANT TO SECTION 638, C.C.? BY TEE SUESETff* JZNG JUDGE, NOBTH COUNTS BBANCH, AS ACTING PRESIDING JUDGE ASARO, KEAGY, FREELAND & McKINLEY By: APPROVED AS TO FORM AND CONTENT: Dated: - RICHARD R. FREELAND Special Counsel for Plaintiff THE CITY OF CARLSBAD , WIENER, W1LHELM & QMonkXCAIOSBAOMiAKliKvAAtr-AppVFimJ-Onl.wpil 3/17/D4 * 29 AM Michael H. Liefer Ronald M. Cole Attorneys for Defendants and Respondents P AM KOIDE dba BIRD ROCK TROPICALS and JOSEPH A. RUVALIS and BARBARA RUDVAL1S as Trustees of the JOSEPH AND BARBARA RUDVAL1S FAMILY TRUST UDT 06/07/89 FINAL URDU). OF CONDEMNATION Received 05-17-2004 09:09am From-To-PALMIERI.TYLER,WIENE Page 002 16564 EXHIBIT A 16565 EXHIBIT "A" LEGAL DESCRIPTION BAKER PR. 3.4.317 (POINSETTIA LANE & BRIGANTINE DRIVE) THOSE PORTIONS OF PARCELS 1, 2 AND 3 (DEDICATION PARCELS) DESCRIBED HEREIN LYING WITHIN PARCEL "A" (OWNERSHIP PARCEL) DESCRIBED HEREIN. PARCEL "A" (OWNERSHIP PARCEL) ALL OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF FRACTIONAL SECTION 22, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, AS DESCRIBED IN DEED TO WILLIAM AND DONNA MARIE BAKER RECORDED AUGUST 11, 1997, DOCUMENT NO. 1997-0383428 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF. EXCEPTING THEREFROM THE SOUTHERLY TWO ACRES. ALSO EXCEPTING THEREFROM THE EASTERLY 208 2/3 FEET OF THE NORTHERLY 208 2/3 FEET AS DESCRIBED IN DEED TO MILDRED McMILLAN, RECORDED MAY 9, 1966 AS FILE NO. 77307 OF OFFICIAL RECORDS. PARCEL 1 (DEDICATION PARCEL - POINSETTIA LANE) BEING A 102.00 FOOT WIDE STRIP OF LAND LYING 51.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: PAGE 1 OF 5 :DA M:\Legals\1953 Ocean BluH\004A04.doc WO 1953-4 2/27/98 16566 COMMENCING AT THE CENTERLINE INTERSECTION OF POINSETTIA LANE AND AVIARA PARKWAY (FORMERLY ALGA ROAD) AS SHOWN ON CITY OF CARLSBAD TRACT 90-15, MAP NO. 12972, FILED IN THE OFFICE OF THE COUNTY RECORDER SEPTEMBER 17, 1992, SAID POINT BEING OCCUPIED BY A STREET SURVEY MONUMENT STAMPED "L.S. 5894" PER RECORD OF SURVEY MAP NO. 13348, FILED IN THE OFFICE OF THE COUNTY RECORDER AUGUST 8, 1991, SAID POINT BEARS NORTH 72°12'46" EAST, 593.97 FEET (NORTH 72°47'00" EAST, 593.94 FEET PER R OF S 13348) FROM A POINT ON THE CENTERLINE OF SAID POINSETTIA LANE AS SHOWN ON SAID RECORD OF SURVEY MAP NO. 13348, SAID POINT BEING OCCUPIED BY A STREET SURVEY MONUMENT STAMPED "LS. 5894"; THENCE LEAVING SAID CENTERLINE INTERSECTION ALONG SAID CENTERLINE OF POINSETTIA LANE, NORTH 72°12'46" EAST (NORTH 72°47'00" EAST PER MAP 12972), 185.00 FEET TO THE BEGINNING OF TANGENT CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 1400.00 FEET; THENCE NORTHEASTERLY ALONG SAID CENTERLINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02°41'01" A DISTANCE OF 65.57 FEET (02°41'12", 65.65 FEET PER MAP 12972) TO A POINT ON THE SOUTHERLY LINE OF SAID SECTION 22, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE NORTHEASTERLY ALONG A CONTINUATION OF SAID CENTERLINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 27°50'53", A DISTANCE OF 680.46 FEET; THENCE NORTH 41°40'52" EAST, 515.94 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 1400.00 FEET ; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 08°11'26" A DISTANCE OF 200.13 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "A"; THENCE CONTINUING NORTHEASTERLY AND EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 42°36'00" A DISTANCE OF 1040.92 FEET TO A POINT ON THE SOUTHERLY LINE OF PARCEL "B" OF CERTIFICATE OF COMPLIANCE RECORDED MARCH 11, 1997, FILE NO. 1997-0106631 OF OFFICIAL RECORDS; THENCE ALONG SAID SOUTHERLY LINE. SOUTH 87°31'42" PAGE 2 OF 5 :DA M:\Legals\l953 Ocean Bluff\004A04.doc WO 1953-4 2/27/98 16567 EAST, 134.77 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL UB", SAID POINT BEING OCCUPIED BY A %' IRON PIPE MARKED "RCE 8210". THE SIDELINES OF SAID 102.00 FOOT WIDE STRIP OF LAND TO BE SHORTENED OR EXTENDED SO AS TO TERMINATE SOUTHWESTERLY IN THE SOUTHERLY LINE OF SAID FRACTIONAL SECTION 22 AND NORTHEASTERLY IN THE SOUTHERLY LINE OF PARCEL "B" OF SAID CERTIFICATE OF COMPLIANCE AND EASTERLY IN THE WESTERLY LINE OF BLACK RAIL ROAD PER NOTICE OF PENDING ACTION SUPERIOR COURT CASE NO. N075924 RECORDED SEPTEMBER 12, 1997, FILE NO. 1997-0444689 OF OFFICIAL RECORDS. PARCEL 2 (DEDICATION PARCEL - PORTION OF BRIGANTINE DRIVE) BEING A 42.00 FOOT WIDE STRIP OF LAND LYING 12.00 FEET WESTERLY AND 30.00 FEET EASTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE HEREINABOVE DESCRIBED POINT "A" SAID POINT BEING ON THE ARC OF A 1400.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY A RADIAL LINE TO SAID POINT BEARS NORTH 40°07>42" WEST; THENCE RADIAL FROM SAID CURVE, NORTH 40°07'42" WEST, 51.00 FEET TO A POINT ON THE NORTHWESTERLY LINE OF THE HEREINABOVE DESCRIBED PARCEL 1 SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 40°07'42" WEST, 127.52 FEET TO A TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 300.00 FEET; THENCE NORTHWESTERLY. ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 17°29'29". AN ARC LENGTH OF 91.58 FEET; THENCE NORTH 22°38'13" WEST, 117.15 FEET TO A TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 300.00 . FEET; THENCE NORTHWESTERLY, ALONG THE ARC OF SAID CURVE. THROUGH A CENTRAL PAGE 3 OF 5 :DA M:\l_egals\1953 Ocean Bluff\004A04.doc WO 1953-4 2/27/98 16568 ANGLE OF 11°33'05", AN ARC LENGTH OF 60.48 FEET TO THE POINT OF TERMINUS SAID POINT BEING ON THE SOUTHERLY LINE OF PARCEL "B" OF CERTIFICATE OF COMPLIANCE RECORDED MARCH 11, 1997 FILE NO. 1997- 0106631 OF OFFICIAL RECORDS AND LYING SOUTH 87°27I43" EAST, 3.54 FEET FROM THE SOUTHWEST CORNER OF SAID PARCEL "B", THE CONTINUATION OF SAID CURVE BEING TANGENT TO AND ENDING ON THE WESTERLY LINE OF SAID PARCEL "B". THE SIDELINES OF SAID 42.00 FOOT WIDE STRIP OF LAND TO BE SHORTENED OR EXTENDED SO AS TO TERMINATE SOUTHERLY IN THE NORTHWESTERLY LINE OF THE HEREINABOVE DESCRIBED PARCEL 1 AND NORTHWESTERLY IN THE WESTERLY LINE OF THE NORTHWEST QUARTER OF THE_ SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID FRACTIONAL SECTION 22 AND NORTHERLY IN THE SOUTHERLY LINE OF PARCEL "B" OF CERTIFICATE OF COMPLIANCE RECORDED MARCH 11, 1997 FILE NO. 1997-0106631 OF OFFICIAL RECORDS. TOGETHER WITH THAT PORTION OF SAID FRACTIONAL SECTION 22, LYING BETWEEN THE NORTHEASTERLY SIDELINE OF THE HEREINABOVE DESCRIBED PARCEL 2, THE NORTHWESTERLY SIDELINE OF THE HEREINABOVE DESCRIBED PARCEL 1 AND THE ARC OF A 20.00 FOOT RADIUS CURVE CONCAVE NORTHERLY, SAID CURVE BEING TANGENT TO EACH OF THE LAST TWO MENTIONED LINES. PARCEL 3 (DEDICATION PARCEL - PORTION OF BRIGANTINE DRIVE) BEGINNING AT THE MOST SOUTHERLY CORNER OF THE HEREINABOVE DESCRIBED PARCEL 2, SAID POINT BEING ON THE NORTHWESTERLY SIDELINE OF THE HEREINABOVE DESCRIBED PARCEL 1, SAID POINT BEING ON THE ARC OF A 1451.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL LINE PAGE 4 OF 5 :DA M:\Legals\1953 Ocean Bluff\004A04.doc WO 1953-4 2/27/98 16569 TO SAID POINT BEARS NORTH 40C36'08" WEST; THENCE SOUTHWESTERLY ALONG THE NORTHWESTERLY SIDELINE OF SAID PARCEL 1 AND THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 01028'27", AN ARC LENGTH OF 37.33 FEET TO A POINT OF CUSP WITH A 20.00 FOOT RADIUS CURVE CONCAVE WESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 42°04'34'f EAST; THENCE LEAVING SAID NORTHWESTERLY SIDELINE, NORTHEASTERLY. NORTHERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH 'A CENTRAL ANGLE OF 88°03'08" AN ARC LENGTH OF 30.74 FEET; THENCE RADIAL FROM SAID CURVE NORTH 49°52'18" EAST, 18.00 FEET TO A POINT ON THE SOUTHWESTERLY SIDELINE OF THE HEREINABOVE DESCRIBED PARCEL 2; THENCE ALONG SAID SOUTHWESTERLY SIDELINE, SOUTH 40°07'42" EAST, 19.20 FEET TO THE POINT OF BEGINNING. THE HEREINABOVE DESCRIBED PARCELS 1, 2 AND 3 CONTAIN 1.597 ACRES OF LAND MORE OR LESS JOHN W. HILL, JR. LS. 5669 HUNSAKER & ASSOCIATES SAN DIEGO, INC. PAGE 5 OF 5 :OA M:\Legals\1953 Ocean Bluff\004A04.doc WO 1953-4 2/27/98 r-'.-riiit6570 ROS 12095 LOT 4 LINE -PARCEL RECORDED J/ft/97 PARCEL 2 (SEE SHEET 2) PARCEL 3 N 41'40'52'E RO3 14630 S3M ^ SEC. 22 MAP 12972 VICINITY MAP NO SCALE HUNSAKER &. ASSOCIATES SAN OIIC(X INC tm Huemtfcn St Sute 200 tNQNtEUNC Sin Otfa C* 17C1 SURVEYINC fH(4T9lSS«-U OOIJCOOUWC LEGEND \ \ INDICATES STRECT DEDICATION - 7.557 INDICATES STREET SURVEY MONUMENT STAMPED "LS. 5894" PER R OF S 13348. INDICATES 3/4' IRON PIPE MARKED "RCE 8210 PER R OF S 12096 INDICATES RECORD DATA PER MAP 12972 INDICATES RECORD DATA PER R OF S 13348 INDICATES RECORD DATA PER CERTIFICATE OF COMPLIANCE REC. 3/11/97. 1997-0106631 O.R LEGAL DESCRIPTION PORTION OF FRACTIONAL SEC. 22. T12S. R4W, S.B.M. BASIS OF BEARINGS: THE BAS/S Of BEARINGS FOR THIS MAP IS A PORTION OF THE NORTHERLY LINE OF FRACTIONAL SECTION 22. T12S. R4W. S.9.U.. PER MAP NO. 13429. I.E. N 89'57'43'E. SHEET 1 OF 2 DEDICATION PLAT - C/7Y OF CARLSBAD APPLICANT: CATQ.LUS RESIDENTIAL CROUP IRVINE. CA 92714 SUITE 400 5 PARK PLAZA (714) 251-6100 PREPARED BY: JOHN W. HILL, JR. LS. 5669 EXPIRES: 9/30/99 PROJECT: POINSETTJA LANE PR. 3.4.317 A.P.N.: 215-070-19 EXHIBIT "B! V16571 87-27VJ> 3.54' \ EASEMENT RECORDED PARCEL 1 1.214 ACRES I. T-*<sA . JO' EASEMENT TO CARLSBAD MUNICIPAL WATER DISTRICT REC. j| JO/1/1958 IN BK. 7278. PC. 5J7 O./?. T.P.'O.B. PARCEL 2 215-070-19 BAKER CORDED232355 OF a > A . o . i c a . - c wi7»Hy««*«sti*,Mo SCALE 1" = 100' NOTE: DATA SHOWN HEREON IS BASED ON THE FOLLOWING RECORD OF SURVEY MAPS: 584. 4772. 4773. 5715. 6269. W774. 12096, 13762 AND. 14630. RECORD OF SURVEY MAP NO. 14608 SHOWS ALTERNATE LOCATIONS FOR PROPERTY LINES SHOWN HEREON. NO REPRESENTATION IS MADE HEREON AS TO THE LOCATION suivtviNG Nm^wttmn, OF PROPERTY OR OWNERSHIP LINES.S-EET 2 OF 2 DEDICATION PLAT - C/7Y OF CARLSBAD •LICANT: CATELLUS RESIDENTIAL CROUP IRVINE. CA 927H SUITE 400 5 PARK PLAZA (714) 251-6100 PREPARED BY: JOHN V». HILL. JR. 1_S. 5669 OPIRtS: 9/30/99 PROJECT: POINSETTIA LANE & BRIGANTINE DRIVE PR. 3.4.317 A.P.N.: 215-070-19 JEfflTBIT "B: RECORDING REQUESTED BY AND WHEN RECORDED, PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, California 92008 MAIL TAX STATEMENTS TO: EXEMPT 16572 The undersigned grantors) declare(s): Documentary transfer tax is $0.00 ( ) computed on full value of property conveyed, or ( ) computed on Full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: ( x ) City of Carlsbad, and Assessor's Parcel No.: APN 215-070-19 DOCUMENT NO.: 041BAKE - Space above this line for Recorder's Use - NO RECORDING FEE REQUIRED: THIS DOCUMENT EXEMPT FROM FEE PURSUANT TO SECTION 27383 OF CALIFORNIA GOVERNMENT CODE Project: Poinsettia Lane Extension Location: Poinsettia Lane & Aviara Parkway Reference: RW/041BAKE SLOPE, DRAINAGE AND TEMPORARY CONSTRUCTION EASEMENTS FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, WILLIAM BAKER and DONNA MARIE BAKER, husband and wife as joint tenants hereby GRANTS to the CITY OF CARLSBAD, a Municipal Corporation, easements for the construction and maintenance of slopes and incidents thereto, upon, over and across that certain real property hereinafter described, together with; easements for the construction and maintenance of drainage structures and incidents thereto, upon, over and across that certain real property hereinafter described, and together with; easements for temporary construction purposes and incidents thereto, upon, over, and across that certain real property hereinafter described. The real property referred to hereinabove and made subject to said slope easements is situated in the City of Carlsbad, County of San Diego, State of California, and is more particularly described in the attached Exhibit "A" as Parcels 4, 5 and 6 as shown on the attached Exhibit "B" as Parcels 4, 5 and 6. (JANMAC, INC., Expropriation Consultants)(cart sbad\POINSETTIAEXT\Easements\041 BAKE) 16573 The real property referred to hereinabove and made subject to said drainage easements is situated in the City of Carlsbad, County of San Diego, State of California, and is more particularly described in the attached Exhibit "A" as Parcels 10 and 11, as shown on the attached Exhibit "B" as Parcels 10 and 11. The real property referred to hereinabove and made subject to said temporary construction easements is situated in the City of Carlsbad, County of San Diego, State of California, and is more particularly described in the attached Exhibit "A" as Parcels 7, 8 and 9, as shown on the attached Exhibit "B" as Parcels 7, 8 and 9. It is understood and agreed that the Grantor(s) of the temporary construction easement shall not be held liable for any damage to equipment or injury to personnel of said Grantee, its agents or employees, in the perform- ance of the work done'within the temporary construction easement. The temporary construction easement shall remain in force for a period of three (3) years from the date this document has been recorded in the Office of the County Recorder of San Diego County. Upon the expiration of said three (3) year period, the Grantee shall have no further rights or liability in connection with said temporary construction easement. This document was executed this • day of , 1998. WILLIAM BAKER and DONNA MARIE BAKER, husband and wife as joint tenants WILLIAM BAKER DONNA MARIE BAKER (NOTARY JURAT) STATE OF }ss. COUNTY OF } On before me, personally appeared 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 capacities), 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. Signature: (77i/s area for official notarial seal) (JANMAC. INC.. Expropriation Consultants) (cartsbad\POINSETTIA EXT\Easements\041BAKE) 16574 EXHIBIT "A" LEGAL DESCRIPTION BAKER PR. 3.2.105 (SLOPE, TEMPORARY CONSTRUCTION, & DRAINAGE EASEMENTS) THOSE PORTIONS OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF FRACTIONAL SECTION 22, TOWNSHIP- 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, AS DESCRIBED IN DEED TO WILLIAM AND DONNA MARIE BAKER RECORDED AUGUST 11, 1997, DOCUMENT NO. 1997-0383428 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. ACCORDING TO OFFICIAL PLAT THEREOF, BEING MORE PARTICULARLY DESCRIBED AS FOLLOW: EXCEPTING THEREFROM THE SOUTHERLY TWO ACRES. ALSO EXCEPTING THEREFROM THE EASTERLY 208 2/3 FEET OF THE NORTHERLY 208 2/3 FEET AS DESCRIBED IN DEED TO MILDRED McMILLAN, RECORDED MAY 9, 1966 AS FILE NO. 77307 OF OFFICIAL RECORDS. PARCEL 1 (REFERENCE ONLY POINSETTIA LANE) BEING A 102.00 FOOT WIDE STRIP OF LAND LYING 51.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE CENTERLINE INTERSECTION OF POINSETTIA LANE AND AVIARA PARKWAY (FORMERLY ALGA ROAD) AS SHOWN ON CITY OF CARLSBAD TRACT 90-15, MAP NO. 12972, FILED IN THE OFFICE OF THE COUNTY RECORDER SEPTEMBER 17, 1992, SAID POINT BEING OCCUPIED BY A STREET SURVEY MONUMENT STAMPED "LS. 5894" PER RECORD OF SURVEY MAP NO. 13348, FILED IN THE OFFICE OF THE COUNTY RECORDER AUGUST 8, 1991, SAID POINT BEARS NORTH 72°12'46" EAST, 593.97 FEET (NORTH 72°47'00" EAST, PAGE 1 OF 12 :DA M:\Legals\1953 Ocean Bluff\004Al5.doc WO 1953-4 2/27/98 16575 593.94 FEET PER R OF S 13348) FROM A POINT ON THE CENTERLINE OF SAID POINSETTIA LANE AS SHOWN ON SAID RECORD OF SURVEY MAP NO. 13348, SAID POINT BEING OCCUPIED BY A STREET SURVEY MONUMENT STAMPED "LS. 5894"; THENCE LEAVING SAID CENTERLINE INTERSECTION ALONG SAID CENTERLINE OF POINSETTIA LANE, NORTH 72°12'46" EAST (NORTH 72°47'00" EAST PER MAP 12972), 185.00 FEET TO THE BEGINNING OF TANGENT'CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 1400.00 FEET; THENCE NORTHEASTERLY ALONG SAID CENTERLINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02°4r01" A DISTANCE OF 65.57 FEET (02°41'12", 65.65 FEET PER MAP 12972) TO A POINT ON THE SOUTHERLY LINE OF SAID SECTION 22, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE NORTHEASTERLY ALONG A CONTINUATION OF SAID CENTERLINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 27°50>53", A DISTANCE OF 680.46 FEET; THENCE NORTH 41040152" EAST, 515.94 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 1400.00 FEET ; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 08°11'26" A DISTANCE OF 200.13 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "A"; THENCE CONTINUING NORTHEASTERLY AND EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 42°36'00" A DISTANCE OF 1040.92 FEET TO A POINT ON THE SOUTHERLY LINE OF PARCEL "B" OF CERTIFICATE OF COMPLIANCE RECORDED MARCH 11. 1997, FILE NO. 1997-0106631 OF OFFICIAL RECORDS; THENCE ALONG SAID SOUTHERLY LINE, SOUTH 87°31'42" EAST, 134.77 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL "B", SAID POINT BEING OCCUPIED BY A 3/4" IRON PIPE MARKED "RCE 8210". THE SIDELINES OF SAID 102.00 FOOT WIDE STRIP OF LAND TO BE SHORTENED OR EXTENDED SO AS TO TERMINATE SOUTHWESTERLY IN THE SOUTHERLY LINE OF SAID FRACTIONAL SECTION 22 AND NORTHEASTERLY IN THE SOUTHERLY LINE OF PARCEL "B" OF SAID CERTIFICATE OF COMPLIANCE AND EASTERLY IN THE WESTERLY LINE OF BLACK RAIL ROAD PER NOTICE OF PAGE 2 OF 12 :DA M:\Legals\1953 Ocean Bluff\004Al5.doc WO 1953-4 2/27/98 16576 PENDING ACTION SUPERIOR COURT CASE NO. N075924 RECORDED SEPTEMBER 12, 1997, FILE NO. 1997-0444689 OF OFFICIAL RECORDS. PARCEL 2 (REFERENCE ONLY - PORTION OF BRIGANTINE DRIVE) BEING A 42.00 FOOT WIDE STRIP OF LAND LYING 12.00 FEET WESTERLY AND 30.00 FEET EASTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE HEREINABOVE DESCRIBED POINT "A" SAID POINT BEING ON THE ARC OF A 1400.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY A RADIAL LINE TO SAID POINT BEARS NORTH 40°07'42" WEST; THENCE RADIAL FROM SAID CURVE, NORTH 40°07'42" WEST, 51.00 FEET TO A POINT ON THE NORTHWESTERLY LINE OF THE HEREINABOVE DESCRIBED PARCEL 1 SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 40°07'42" WEST, 127.52 FEET TO A TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 300.00 FEET; THENCE NORTHWESTERLY. ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 17029'29", AN ARC LENGTH OF 91.58 FEET; THENCE NORTH 22°38'13" WEST, 117.15 FEET TO A TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 300.00 FEET; THENCE NORTHWESTERLY, ALONG THE ARC OF SAID CURVE. THROUGH A CENTRAL ANGLE OF 11°33'05", AN ARC LENGTH OF 60.48 FEET TO THE POINT OF TERMINUS SAID POINT BEING ON THE SOUTHERLY LINE OF PARCEL "B" OF CERTIFICATE OF COMPLIANCE RECORDED MARCH 11, 1997 FILE NO. 1997- 0106631 OF OFFICIAL RECORDS AND LYING SOUTH 87°27'43" EAST, 3.54 FEET FROM THE SOUTHWEST CORNER OF SAID PARCEL "B", THE CONTINUATION OF SAID CURVE BEING TANGENT TO AND ENDING ON THE WESTERLY LINE OF SAID PARCEL "B". PAGE 3 OF 12 :DA M:\Legals\1953 Ocean Bluffl004A15.doc WO 1953^ 2/27/98 16577 THE SIDELINES OF SAID 42.00 FOOT WIDE STRIP OF LAND TO BE SHORTENED OR EXTENDED SO AS TO TERMINATE SOUTHERLY IN THE NORTHWESTERLY LINE OF THE HEREINABOVE DESCRIBED PARCEL 1 AND NORTHWESTERLY IN THE WESTERLY LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 22 AND NORTHERLY IN THE SOUTHERLY LINE OF PARCEL "B" OF CERTIFICATE OF COMPLIANCE RECORDED MARCH 11, 1997 FILE NO. 1997-0106631 OF OFFICIAL RECORDS. TOGETHER WITH THAT PORTION OF SAID FRACTIONAL SECTION 22, LYING BETWEEN THE NORTHEASTERLY SIDELINE OF THE HEREINABOVE DESCRIBED PARCEL 2, THE NORTHWESTERLY SIDELINE OF THE HEREINABOVE DESCRIBED PARCEL 1 AND THE ARC OF A 20.00 FOOT RADIUS CURVE CONCAVE NORTHERLY, SAID CURVE BEING TANGENT TO EACH OF THE LAST TWO MENTIONED LINES. PARCEL 3 (REFERENCE ONLY, PORTION OF BRIGANTINE DRIVE) BEGINNING AT THE MOST SOUTHERLY CORNER OF THE HEREINABOVE DESCRIBED PARCEL 2, SAID POINT BEING ON THE NORTHWESTERLY SIDELINE OF THE HEREINABOVE DESCRIBED PARCEL 1, SAID POINT BEING ON THE ARC OF A 1451.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 40°36'08" WEST; THENCE SOUTHWESTERLY ALONG THE NORTHWESTERLY SIDELINE OF SAID PARCEL 1 AND THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 01°28'27"( AN ARC LENGTH OF 37.33 FEET TO A POINT OF CUSP WITH A 20.00 FOOT RADIUS CURVE CONCAVE WESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 42°04'34" EAST; THENCE LEAVING SAID NORTHWESTERLY SIDELINE, NORTHEASTERLY, NORTHERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 88°03'08" AN ARC LENGTH OF 30.74 FEET; THENCE RADIAL FROM SAID CURVE NORTH 49°52'18" EAST, 18.00 FEET TO A PAGE 4 OF 12 :DA M:\Legals\1953 Ocean BluffV004A15.doc WO 1953-4 2/27/98 16578 POINT ON THE SOUTHWESTERLY SIDELINE OF THE HEREINABOVE DESCRIBED PARCEL 2; THENCE ALONG SAID SOUTHWESTERLY SIDELINE, SOUTH 40°07'42" EAST, 19.20 FEET TO THE POINT OF BEGINNING. PARCEL 4 (SLOPE EASEMENT) COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF FRACTIONAL SECTION 22 ALSO BEING THE SOUTHWEST CORNER OF PARCEL "B" OF CERTIFICATE OF COMPLIANCE RECORDED MARCH 11, 1997 AS FILE NO. 1997-0106631 OF OFFICIAL RECORDS OF SAID SAN DIEGO COUNTY; THENCE ALONG THE WESTERLY LINE OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER SOUTH 02°23'14" EAST, 40.37 FEET TO AN ANGLE POINT IN THE WESTERLY SIDELINE OF THE HEREINABOVE DESCRIBED PARCEL 2, SAID POINT BEING THE BEGINNING OF A NON-TANGENT 312.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, A RADIAL LINE BEARS SOUTH 71°43'15" WEST TO SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID WESTERLY LINE ALONG SAID WESTERLY SIDELINE OF PARCEL 2 THE FOLLOWING COURSES: 1. SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 4°21'28" A DISTANCE OF 23.73 FEET; 2. SOUTH 22°38I13" EAST, 117.15 FEET TO THE BEGINNING OF A TANGENT 312.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; 3. SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 17°29'29" A DISTANCE OF 95.25 FEET; 4. SOUTH 40°07'42" EAST, 108.37 FEET TO THE MOST NORTHERLY CORNER OF THE HEREINABOVE DESCRIBED PARCEL 3. THENCE ALONG THE WESTERLY SIDELINE OF SAID PARCEL 3 SOUTH 49°52'18" WEST, 18.00 FEET TO THE BEGINNING OF A NON-TANGENT 20.00 FOOT RADIUS CURVE CONCAVE WESTERLY, A RADIAL LINE BEARS NORTH 49°52'18" EAST TO SAID POINT; THENCE CONTINUING ALONG SAID SIDELINE SOUTHERLY PAGE 5 OF 12 :OA M:\LegalsV1953 Ocean Bluff\004Al5.doc WO 1953-4 2/27/98 16579 ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 88003'08" A DISTANCE OF 30.74 FEET TO A POINT IN THE NORTHWESTERLY SIDELINE OF THE HEREINABOVE DESCRIBED PARCEL 1, SAID POINT BEING THE BEGINNING OF A REVERSE 1451.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL LINE BEARS NORTH 42°04'34" WEST TO SAID POINT; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 06°14'34" A DISTANCE OF 158.10 FEET; THENCE CONTINUING ALONG SAID SIDELINE SOUTH 41°40'52" WEST, 38.87 FEET TO SAID WESTERLY LINE OF THE NORTHWEST QUARTER OF THE, SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE LEAVING SAID SIDELINE OF PARCEL 1 ALONG SAID WESTERLY LINE NORTH 02°23'14" WEST, 16.23 FEET; THENCE LEAVING SAID WESTERLY LINE NORTH 03°41'32" EAST, 70.93 FEET; THENCE NORTH 42°38'54" EAST, 40.97 FEET; THENCE SOUTH 74°57'44" EAST, 45.62 FEET; THENCE NORTH 48°58'17" EAST. 75.44 FEET; THENCE NORTH 01°48'05" WEST, 26.69 FEET; THENCE NORTH 39°49'04" WEST, 102.45 FEET; THENCE NORTH 29°41'10" WEST, 131.03 FEET; THENCE NORTH 23°22I44" WEST, 47.06 FEET TO SAID WESTERLY LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE ALONG SAID WESTERLY LINE NORTH 02°23'14" WEST, 57.53 FEET TO THE TRUE POINT OF BEGINNING. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.255 ACRE MORE OR LESS. PARCEL 5 {SLOPE EASEMENT) COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 22 ALSO BEING THE SOUTHWEST CORNER OF PARCEL "B" OF CERTIFICATE OF COMPLIANCE RECORDED MARCH 11, 1997 AS FILE NO. 1997-0106631 OF OFFICIAL RECORDS OF SAID SAN DIEGO COUNTY; THENCE ALONG THE NORTHERLY LINE OF SAID NORTHWEST QUARTER OF THE SOUTHEAST PAGE 6 OF 12 :DA M:\LegalsM953 Ocean Bluff\004A15.doc WO 1953-4 2/27/98 16580 QUARTER OF THE SOUTHWEST QUARTER BEING THE SOUTHERLY LINE OF SAID PARCEL B SOUTH 87°27'43" EAST, 34.51 FEET TO AN ANGLE POINT IN THE EASTERLY SIDELINE OF THE HEREINABOVE DESCRIBED PARCEL 2, SAID POINT BEING THE BEGINNING OF A NON-TANGENT 270.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, A RADIAL LINE BEARS SOUTH 77°2V59" WEST TO SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE LEAVING' SAID NORTHERLY LINE ALONG SAID EASTERLY SIDELINE OF PARCEL 2 THE FOLLOWING COURSES: 1. SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 10°00§12" A DISTANCE OF 47.14 FEET; 2. SOUTH 22°38'13" EAST, 117.15 FEET TO THE BEGINNING OF A TANGENT 270.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; 3. SOUTHEASTERLY-ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 17°29'29" A DISTANCE OF 82.43 FEET; 4. SOUTH 40°07'42" EAST. 108.37 FEET TO THE BEGINNING OF A TANGENT 20.00 FOOT RADIUS CURVE CONCAVE NORTHERLY; 5. EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 88°03'08" A DISTANCE OF 30.74 FEET TO A POINT IN THE NORTHWESTERLY SIDELINE OF THE HEREINABOVE DESCRIBED PARCEL 1, SAID POINT BEING THE BEGINNING OF A REVERSE 1451.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL LINE BEARS NORTH 38°10'50" WEST TO SAID POINT; THENCE ALONG SAID NORTHWESTERLY SIDELINE OF PARCEL 1 NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 10°36'42" A DISTANCE OF 268.74 FEET TO THE WESTERLY LINE OF SAID EASTERLY 208 2/3 FEET OF THE NORTHERLY 208 2/3 FEET AS DESCRIBED IN DEED TO MILDRED McMILLAN, RECORDED MAY 9, 1966 AS FILE NO. 77307 OF OFFICIAL RECORDS; THENCE LEAVING SAID SIDELINE OF PARCEL 1 ALONG SAID WESTERLY LINE NORTH 02°12'02" WEST, 12.95 FEET; THENCE LEAVING SAID WESTERLY LINE SOUTH 59°59'55" WEST, 223.98 FEET; THENCE SOUTH 48°58'17" WEST, 56.89 FEET; THENCE NORTH 44°49'43" WEST, 132.52 FEET; PAGE 7 OF 12 ;DA M:\LegaIs\1953 Ocean Bluff\004A15.doc WO 1953-4 2/27/98 16581 THENCE NORTH 21°00'58" WEST, 219.44 FEET; TO SAID NORTHERLY LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE ALONG SAID NORTHERLY LINE NORTH 87°27'43" WEST, 15.50 FEET TO THE TRUE POINT OF BEGINNING. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.191 ACRE MORE OR LESS. PARCEL 6 (SLOPE EASEMENT) COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHERLY TWO ACRES OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 22; THENCE ALONG THE NORTHERLY LIN EOF SAID SOUTHERLY TWO ACRES SOUTH 87°31'12" EAST, 118.91 FEET TO A POINT IN THE SOUTHEASTERLY SIDELINE OF THE HEREINABOVE DESCRIBED PARCEL 1, SAID POINT BEING THE BEGINNING OF A NON-TANGENT 1349.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL LINE BEARS NORTH 47°13'15" WEST TO SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID NORTHERLY LINE ALONG SAID SOUTHEASTERLY SIDELINE OF PARCEL 1 NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 21043'29" A DISTANCE OF 511.50 FEET TO A POINT IN THE SOUTHERLY LINE OF SAID EASTERLY 208 2/3 FEET OF THE NORTHERLY 208 2/3 FEET AS DESCRIBED IN DEED TO MILDRED McMILLAN, RECORDED MAY 9, 1966 AS FILE NO. 77307 OF OFFICIAL RECORDS; THENCE LEAVING SAID SIDELINE OF PARCEL 1 ALONG SAID SOUTHERLY LINE SOUTH 87°27'43" EAST, 41.47 FEET; THENCE LEAVING SAID SOUTHERLY LINE SOUTH 72°58'16" WEST, 43.89 FEET; THENCE SOUTH 63052'46" WEST, 149.30 FEET; THENCE SOUTH 44°57'59" WEST, 315.54 FEET TO SAID NORTHERLY LINE OF THE SOUTHERLY TWO ACRES; THENCE ALONG SAID NORTHERLY LINE NORTH 87fl31'12" WEST, 51.93 FEET TO THE TRUE POINT OF BEGINNING. PAGE 8 OF 12 :DA M:\Legals\1953 Ocean Bluff\004A15.doc WO 1953-4 2/27/98 16582 THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.269 ACRE MORE OR LESS. PARCEL 7 (TEMPORARY CONSTRUCTION EASEMENT) BEING A 20.00 FOOT WIDE STRIP OF LAND, THE WESTERLY LINE BEING PARALLEL WITH AND 20.00 FEET WESTERLY OF THE WESTERLY LINE OF THE HEREINABOVE DESCRIBED PARCEL 4. THE WESTERLY SIDELINE OF SAID 20.00 FOOT WIDE STRIP OF LAND TO BE SHORTENED OR EXTENDED SO AS TO TERMINATE SOUTHWESTERLY AND NORTHWESTERLY IN SAID WESTERLY LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF FRACTIONAL SECTION 22. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.204 ACRE MORE OR LESS. PARCEL 8 (TEMPORARY CONSTRUCTION EASEMENT) BEING A 20.00 FOOT WIDE STRIP OF LAND. THE NORTHERLY LINE BEING PARALLEL WITH AND 20.00 FEET NORTHERLY OF THE NORTHERLY LINE OF THE HEREINABOVE DESCRIBED PARCEL 5. THE NORTHERLY SIDELINE OF SAID 20.00 FOOT WIDE STRIP OF LAND TO BE SHORTENED OR EXTENDED SO AS TO TERMINATE NORTHWESTERLY IN SAID NORTHERLY LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST PAGE 9 OF 12 :DA M:\Legals\1953 Ocean Bluff\004Al5.doc WO 1953-4 2/27/98 16583 QUARTER OF THE SOUTHWEST QUARTER OF FRACTIONAL SECTION 22. AND NORTHEASTERLY IN SAID WESTERLY LINE OF THE EASTERLY 208 2/3 FEET OF THE NORTHERLY 208 2/3 FEET AS DESCRIBED IN DEED TO MILDRED McMILLAN, RECORDED MAY 9, 1966 AS FILE NO. 77307 OF OFFICIAL RECORDS. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.281 ACRE MORE OR LESS. PARCEL 9 (TEMPORARY CONSTRUCTION EASEMENT) BEING A 20.00 FOOT WIDE STRIP OF LAND, THE SOUTHEASTERLY LINE BEING PARALLEL WITH AND 20.00 FEET SOUTHEASTERLY OF THE SOUTHEASTERLY LINE OF THE HEREINABOVE DESCRIBED PARCEL 6. THE SOUTHEASTERLY SIDELINE OF SAID 20.00 FOOT WIDE STRIP OF LAND TO BE SHORTENED OR EXTENDED SO AS TO TERMINATE SOUTHWESTERLY IN SAID NORTHERLY LINE OF THE SOUTHERLY TWO ACRES OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID FRACTIONAL SECTION 22 AND NORTHEASTERLY IN SAID SOUTHERLY LINE OF THE EASTERLY 208 2/3 FEET OF THE NORTHERLY 208 2/3 FEET AS DESCRIBED IN DEED TO MILDRED McMILLAN, RECORDED MAY 9, 1966 AS FILE NO. 77307 OF OFFICIAL RECORDS. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.240 ACRE MORE OR LESS. PARCEL 10 (DRAINAGE EASEMENT) COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF FRACTIONAL SECTION 22 ALSO BEING THE SOUTHWEST CORNER OF PARCEL PAGE 10 OF 12 :DA M:\Legals\1953 Ocean Blumo04A15.doc W01953-4 2/27/98 16584 "B" OF CERTIFICATE OF COMPLIANCE RECORDED MARCH 11, 19S7 AS FILE NO. 1997-0106631 OF OFFICIAL RECORDS OF SAID SAN DIEGO COUNTY; THENCE ALONG THE NORTHERLY LINE OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER BEING THE SOUTHERLY LINE OF SAID PARCEL "B", SOUTH 87°27'43" EAST (RECORD = SOUTH 86°53'40" EAST), 34.51 FEET TO AN INTERSECTION WITH THE EASTERLY SIDELINE OF THE HEREINABOVE DESCRIBED PARCEL 2, SAID POINT BEING THE BEGINNING OF A NON-TANGENT 270.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, A RADIAL LINE BEARS SOUTH 77°21'59" WEST TO SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID NORTHERLY LINE. SOUTHEASTERLY ALONG SAID EASTERLY SIDELINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 01°47'21" A DISTANCE OF 8.43 FEET; THENCE LEAVING SAID EASTERLY SIDELINE SOUTH 63°25'48" EAST, 22.22 FEET; THENCE NORTH 26°34'12" EAST, 15.00 FEET; THENCE NORTH 63°25'48" WEST, 8.48 FEET TO SAID SOUTHERLY LINE OF SAID PARCEL "B"; THENCE ALONG SAID SOUTHERLY LINE NORTH 87°27'43" WEST (RECORD = NORTH 86°53'40" WEST), 21.00 FEET TO THE TRUE POINT OF BEGINNING. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.007 ACRE MORE OR LESS. PARCEL 11 (DRAINAGE EASEMENT) COMMENCING AT THE NORTHWEST CORNER OF. THE SOUTHERLY TWO ACRES OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF FRACTIONAL SECTION 22; THENCE ALONG THE NORTHERLY LINE OF SAID SOUTHERLY TWO ACRES SOUTH 87°3ri2" EAST, 118.91 FEET TO A POINT IN THE SOUTHEASTERLY SIDELINE OF THE HEREINABOVE DESCRIBED PARCEL 1, SAID POINT BEING THE BEGINNING OF A NON-TANGENT 1349.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A PAGE 11 OF 12 :DA M:\Legals\1953 Ocean 8luft\004Al5.doc WO 1953-4 2/27/98 16585 RADIAL LINE BEARS NORTH 47°13'15" WEST TO SAID POINT; THENCE LEAVING SAID NORTHERLY LINE ALONG SAID SOUTHEASTERLY SIDELINE OF PARCEL 1 NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 08°53'58" A DISTANCE OF 209.53 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTHEASTERLY SIDELINE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 00°43'23" A DISTANCE OF 17.02 FEET; THENCE LEAVING SAID SOUTHEASTERLY SIDELINE SOUTH 09°46'01" EAST, 49.26 FEET; THENCE NORTH 80°13'59" EAST, 5.00 FEET; THENCE SOUTH 09046'01" EAST, 27.50 FEET; THENCE SOUTH 80°13'59" WEST, 25.00 FEET; THENCE NORTH 09°46'01" WEST, 27.50 FEET; THENCE NORTH 80°13'59" EAST, 5.00 FEET; THENCE NORTH 09°46'01" WEST, 41.22 FEET TO THE TRUE POINT OF BEGINNING. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.031 ACRE MORE OR LESS. 7-3- ft JOHN W. HILL, JR. LS. 5669 HUNSAKER & ASSOCIATES SAN DIEGO, INC. PAGE 12 OF 12 :DA M:\Legals\1953 Ocean Bluff\004A15.doc WO 1953-4 2/27/98 \J v ROS 14630 ' S3M VICINITY MAP NO SCALE HUNSAKER & ASSOCIATES SAN oiica rHC nm Hu«m«fc«t» si su<* no ENQNEUNC Sw Ota, C* 97OT OO/JLOO.OWC |l INDICATES STREET SURVEY MONUMENT STAMPED "LS. 5894" PER R OF S 13348. INDICATES 3/4" IRON PIPE MARKED "RCE 8210 PER R OF S 12096 INDICATES RECORD DATA PER MAP 12972 INDICATES RECORD DATA PER R OF S 13348 | j INDICATES RECORD DATA PER R OF S 4772 (( )) INDICATES RECORD DATA PER CERTIFICATE OF r\| COMPLIANCE REC. 3/11/97, 1997-0106631 O.R.V J LEGAL DESCRIPTION PORTION OF FRACTIONAL SEC. 22. T12S, R4W. S.B.M. BASIS OF BEARINGS: THE BASIS OF BEARINGS FOR THIS MAP IS A PORTION OF THE NORTHERLY LINE OF FRACTIONAL SECTION 22, T12S. R4W. S.B.M., PER MAP NO. 13429. I.E. N 89'57'43'E. SHEET 1 OF 4 DEDICATION PLAT - CITY OF CARLSBAD APPLICANT: CATELLUS RESIDENTIAL GROUP IRVINE. CA 92714 SUITE 400 5 PARK PLA2A (714) 251-6100 PREPARED BY: 7-?-9 1 JOHN W. HIU. JR. LS. 5669 EXPIRES: 9/JO/99 PROJECT: SLOPE, TEMPORARY CONSTRUCTION & DRAINAGE EASEMENTS PR. 3.2.105 A.P.N.: 215-070-19 EYHTRIT "B <\JO•^ JO 86-53'4Q-W)) I -N 22'38'1J"W 117.15' \ ^ r 29. ft*lin.OP* VV1-"J JJ \>./4 \"j »>J\% -o otP-fi1^.V 1ft?VA.:^. R=20'L=30.74' 3:?^ -T.P.O.B. r(V*V) r« N'-i'. X^ fl4AE? ^- 215-070-19 200 300 HUNSAKER& ASSOCIATES t AM O I I C Q, INC rUMMNC Km Hjmvkm Si. Suit SO ENONEEUNC Sw Oi«fa. Ci RQ1 SWrVFlTNC m(H9»S5»450D- oorju>r4.cwc SCALE 1" = 100' NOTE: DATA SHOWN HEREON IS BASED ON THE FOLLOWING RECORD OF SURVEY MAPS: 584, 4772, 4773, 5715. 6269, W774, 12096. 1J762 AND 14630. RECORD OF SURVEY MAP NO. 14608 SHOWS ALTERNATE LOCATIONS FOR PROPERTY LINES SHOWN HERON. NO REPRESENTATION IS MADE HEREON AS TO THE LOCATION OF PROPERTY OR OWNERSHIP LINES. DEDICATION PLAT - CITY OF CARLSBAD SHEET 2 OF 4 .3LICANT: CATTLLUS RESIDENTIAL CROUP IRVINE, CA 92714 SUITE 400 5 PARK PLAZA (714) 251-6)00 7-J-Jt JOHN W. HILL JR. US. 5669 EXPIRES: 9/30/99 PROJECT: SLOPE, TEMPORARY CONSTRUCTION & DRAINAGE EASEMENTS PR. 3.2.105 A.P.N.: 215-070-19 100 200 300 LEGEND SCALE 1" = 100' NUMBER LI DIRECTION | DISTANCE N 02'23'14'W \54.88' 12 \N 02'23'14~W \57.5J' LJ L4 L5 N 02'23'14"W N ar27'43"W N 2S22'44"W 40.37' 34.51' 47.06' INDICATES SLOPE EASEMENT INDICATES TEMPORARY CONSTRUCTION EASEMENT NOTE: HUNSAKER & ASSOCIATES SAN O I I C O, INC NUMBER Ct C2 DELTA 04'2!'2B~ 17~29 "29" RADIUS 312.00 312.00 LENGTH 23.73 95.25 FUM4NC -mn Humtn St. Sun 209 BONSJUNC S«i Dtrto. O m?1 SWWV HEREON IS BASED ON THE FOLLOWING RECORD OF SURVEY MAPS: 584. 4772. 4773, 5715, 6269. 10774, 12096, 13762 AND 14630. RECORD OF SURVEY MAP NO. 14608 SHOWS ALTERNATE LOCATIONS FOR PROPERTY LINES SHOWN HEREON. NO REPRESENTATION IS MADE HEREON AS TO THE LOCATION OF PROPERTY OR OWNERSHIP LINES.SHEET 3 OF 4 DEDICATION PLAT - CITY OF CARLSBAD APPLICANT: CATELLUS RESIDENTIAL CROUP IRVINE. CA 92714 SUITE 400 5 PARK PLAZA (714) 251-6100 PREPARED BY: JOHN W. HILL, JR. LS. 5669 EXPIRES: 9/30/99 PROJECT: SLOPE. TEMPORARY CONSTRUCTION & DRAINAGE EASEMENTS PR. 3.2.105 A.P.N.: 215-070-19 EXHIBIT "B" "589 P.O.C. PARCEL 11 100 0 100 200 300 LEGEND SCALE 1" = 100' I INDICATES DRAINAGE EASEMENT NOTE: NUMBER] DIRECTION LI 12 L3 L4 15 N 8T27'43~W N 6S2S'48~W N 26'34'J2'£ N 6S25'4B~W N S7m27'43'Vf DISTANCE 21.00' 8.48' 15.00' 22.22' 34.51' NUMBER CJ DELTA 0}'47'2t~ RADIUS 270.00 LENGTH 8.43 HUNSAKER & ASSOCIATES SAM O I I C a IHC •am Huvmtn St Sat* »0 ENONSXJNC SM IM«Q. Ca OT1 SURVEYING FHM»)SS»-<SOO • FXtfclWSfrlTM 5WHW HEREON IS BASED ON THE FOLLOWING RECORD OF SURVEY MAPS: 584. 4772. 4773. 5715. 6269, 10774. 12096, 13762 AND 14630. RECORD OF SURVEY MAP NO. 14608 SHOWS ALTERNATE LOCATIONS FOR PROPERTY LINES SHOWN HEREON. NO REPRESENTATION IS MADE HEREON AS TO THE LOCATION OF PROPERTY OR OWNERSHIP LINES.SHEET 4 OF 4 LI CANT: CATELLUS RESIDENTIAL GROUP IRVI/*:. CA 92714 SUITE 400 5 PARK PLAZA (714) 251-6100 DEDICATION PLAT - CITY OF CARLSBAD PREPARED BY: JOHN W. HILL JR. LS. 5669 EXPIRES: 9/30/99 PROJECT: SLOPE, TEMPORARY CONSTRUCTION & DRAINAGE EASEMENTS PR. 3.2.105 A.P.N.: 215-070-19 EXHIBIT "B" 16590 EXHIBIT B EXHIBIT "A" LEGAL DESCRIPTION RUDVALIS FAMILY TRUST PR. 3.2.100 THOSE PORTIONS OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF FRACTIONALv. SECTION 22, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, AS DESCRIBED IN QUITCLAIM DEED RECORDED JUNE 27, 1989 AS FILE NO. 89-337985 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 1 (SLOPE EASEMENT) BEGINNING AT THE NORTHWEST CORNER OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 22; THENCE ALONG THE NORTHERLY LINE THEREOF, SOUTH 87°31'12" EAST, 39.05 FEET; THENCE LEAVING SAID NORTHERLY LINE, SOUTH 44a57'59" WEST, 52.90 FEET TO A POINT ON THE WESTERLY LINE OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 22; THENCE ALONG SAID WESTERLY LINE, NORTH 02°23'14" WEST, 39.15 FEET TO THE POINT OF BEGINNING. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.017 ACRE MORE OR LESS. PAGE 1 OF 2 :DA M:\Legals\1953 Ocean 8lum004A14.doc WO 1953-4 3/4/98 16592 PARCEL 2 (TEMPORARY CONSTRUCTION EASEMENT) BEING A 20.00 FOOT WIDE STRIP OF LAND, THE SOUTHEASTERLY LINE BEING PARALLEL WITH AND 20.00 FEET SOUTHEASTERLY OF THE SOUTHEASTERLY LINE OF THE HEREINABOVE DESCRIBED PARCEL 1. THE SOUTHEASTERLY SIDELINE OF SAID 20.00 FOOT WIDE STRIP OF LAND TO BE SHORTENED OR EXTENDED SO AS TO TERMINATE SOUTHWESTERLY IN THE WESTERLY LINE OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 22 AND NORTHEASTERLY IN THE NORTHERLY LINE OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 22. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.033 ACRE MORE OR LESS. 7 " C~- •?J •> / JOHN W. HILL, JR. LS. 5669 HUNSAKER & ASSOCIATES SAN DIEGO, INC. PAGE 2 OF 2 :OA M:\Legals\1953 Ocean Blum004A14.doc WO 1953-+ 3/4/93 NO./4772 ^v <f. , £> /v - / ™ST- 7- SAN DIECO CAS cSr ELKTRir «?^1S&*/f'^ 16593 RUDVALIS FAMILY TRUST APN 215-070-04 SW1/4 22, T12S, R4W, S.3.M. ]50> ^N DI£CO LEG! X\\x SND^ T i INDICATES SLOPE EASEMEN INDICATES TEMPORARY CONSTRUCTION EASEMENT \ N \ T 100 0 ^m •• •• 100 IB 200 300 HUNSAKER & ASSOCIATES IAN oiiea INC n^MMNC OTJ Himdwi 5t Sm 200 yV0/p SCALE r = 100' CW7X 5WOHW HEREON IS BASED ON THE FOLLOWING RECORD OF SURVEY MAPS: 584. 4772. 4773, 57/5, 6269. 10774, 12096. 13762 AND 14630. RECORD OF SURVEY MAP NO. 14608 SHOWS ALTERNATE LOCATIONS FOR PROPERTY LINES SHOWN HEREON. NO REPRESENTATION IS MADE HEREON AS TO THE LOCATION OF PROPERTY OR OWNERSHIP LINES.Sr£ET 1 Of 1 DEDICATION PLAT - CITY OF CARLSBAD PFLICANT: CATELUJS RESIDENTIAL C?OP IRVINE. CA 92714 SUITE 400 5 PARK PLAZA (714) 251-6100 PREPARED BY: JOHN W. HILL, JR. LS. 5669 EXPIRES: 9/30/99 PROJECT: SLOPE & TEMPORARY CONSTRUCTION EASEMENTS PR. 3.2.700 A.r.N.: 215-070-04 EXHIBIT "B 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RONALD BALL, CITY ATTORNEY 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CA 92008 EXEMPT FROM FILING FEES PER'GOVTCODE §6103 ASARO, KEAGY, FREELAND & MCKINLEY, Special Counsel ROSCOE D. KEAGY, SB# 32541 RICHARD R. FREELAND, SB# 64092 3170 Fourth Avenue, Fourth Floor San Diego, California 92103 Telephone: (619)297-3170 Facsimile: (619) 299-4268 Attorneys for Plaintiff IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN DIEGO CITY OF CARLSBAD, Plaintiff, v. No. N78249-1 (Consolidated with No. N 78252-1) ) Complaint Filed 06/03/98 WILLIAM BAKER, DONNA MARIE BAKER, et al., Defendants. CITY OF CARLSBAD, Plaintiff, v. JOSEPH A. RUDVALIS and BARBARA G. RUDVALIS, etc., et al., Defendants. ) NOTICE OF ENTRY OF ) JUDGMENT AFTER ) REMITTITUR ) Dept.: 27 ) Judge: Hon. Jacqueline M. Stern G \kmk\CARLSBAD\BAKER\After-App\NlcEnlJdmt.wpd 3/29/01 10:20 AM NOTICE OF ENTRY OF JUDGMENT 1 TO ALL PARTIES AND TO THEIR RESPECTIVE COUNSEL OF RECORD: 2 PLEASE TAKE NOTICE that on January 28, 2004, Judgment After Remittitur on 3 Consolidated Actions Special Verdict was entered in the above-captioned action, a true and correct 4 copy of which is attached hereto as Exhibit "A." 5 Date: February 9, 2004 ASARO, KEAGY, FREELAND & McKINLEY Bv: 7 ROSCOE D. KEAGY RICHARD R. FREELAND 8 Special Counsel for Plaintiff CITY OF CARLSBAD 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 G:\kmk\CARLSBAD\BAKER\After-App\NtcEntJdmt.wpd 2/9/04 9:15 AM 1 NOTICE OF ENTRY OF JUDGMENT EXHIBIT - A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXEMPT FROM FILING FEE PER GOVT. CODE § 6103 !•"! J WiUV:.:,^.'.., '-'A ••' JAH2PPP-M Oy: P AAhfAA. :.op;,iy IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN DIEGO CITY OF CARLSBAD, Plaintiff, V. WILLIAM BAKER, DONNA MARIE BAKER, et al., Defendants. CITY OF CARLSBAD, Plaintiff, V. JOSEPH A. RUDVALIS and BARBARA G. RUDVALIS, etc., et al., Defendants. ) No. N78249-1 ) ) Complaint Filed 06/03/98 ) j ) ) ) ) ) No. N 78252-1 ) ) Complaint Filed 06/03/98 ) ) ) JUDGMENT AFTER ) REMITTITUR ON ) CONSOLIDATED ACTIONS ) SPECIAL VERDICT j The above-entitled consolidated eminent domain actions came on regularly for trial on April 26, 2001, in Department 24 of the above-entitled Presiding. Richard R. Freeland and Roscoe D. Court, the Honorable David B. Moon, Jr., Judge Keagy of Asaro, Keagy, Freeland & McKinley, Special Counsel, appeared for plaintiff City of Carlsbad; and Michael H. Leifer and Ronald M. Cole of Palmieri, Tyler, Wiener, Wilhelm & Waldron LLP appeared for defendants Pamela Koide doing G:\kmk\CARLSBAD\BAKER\AHcr-App\Jiidnim.V2wpii 7/1 1/03 3 16PM >JUDGMENT ON CONSOLIDATED ACTIONS SPECIAL VERDICT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 business as Bird Rock Tropicals ("Koide") and Joseph A. Rudvalis and Barbara G. Trustees of the Joseph and Barbara Rudvalis Family Trust UDT 06/07/89 ("Rudvalis defendants nor their representatives appeared. Rudvalis as "). No other A jury of twelve persons was duly empaneled and sworn. Witnesses were sworn and testified. Oral and documentary evidence was admitted, and the cause was argued by counsel for the respective parties. After being duly instructed by the Court, the jury deliberated and thereon returned the following consolidated actions special verdict: We, the jury in the above-entitled eminent domain proceedings, answer each of the Court's questions below and finds as follows: Rudvalis Orchid Claims Question No. 1: What do you find to be just compensation, if any, to which defendants Joseph and Barbara Rudvalis are entitled for non- economic (physical) damages to unaffixed, moveable personal property caused by plaintiff City of Carlsbad's taking and/or construction and use of the Poinsettia extension project? Answer: $118,324 Question No. 2: What do you find to be just compensation, if any, to which defendants Joseph and Barbara Rudvalis are entitled for economic damages to unaffixed, moveable personal property caused by plaintiff City of Carlsbad's taking? NOTE: In making an award of such damages, if any, do not include any amount you may have awarded defendants in Question No. 1 above. Answer: $745,036 Question No. 3: What do you find to be just compensation, if any, to which defendants Joseph and Barbara Rudvalis are entitled for economic damages to improvements pertaining to realty caused by plaintiff City of Carlsbad's taking and or construction and use of the Poinsettia extension project? Answer: $640,431 0 \kmk\CARLSBAD\BAKER\Aftn-App\Judmni-V2 wpd 7/1 1/0} 3 16 PM 2 JUDGMENT ON CONSOLIDATED ACTIONS SPECIAL VERDICT 1 Pam Koide dba Bird Rock Tropicals Claims 2 Question No. 4: 3 What do you find to be just compensation, if any, to which defendant Pam Koide is entitled for non-economic (physical) 4 damages to unaffixed. moveable personal property caused by plaintiff City of Carlsbad's taking and or construction and use of the Poinsettia 5 extension project: 6 Answer: $153,710 7 Question No. 5: 8 What do you find to be just compensation, if any, to which defendant Pam Koide is entitled for economic damages to unaffixed, 9 moveable personal property caused by plaintiff City of Carlsbad's taking? NOTE: In making an award of such damages, if any, do not 10 include any amount you may have awarded defendants in Question No. 4 above. 11 Answer: $759,556 12 Question No. 6: 13 What do you find to be just compensation, if any, to which 14 defendant Pam Koide is entitled for economic damages to improvements pertaining to realty caused by plaintiff City of 15 Carlsbad's taking and/or construction and use of the Poinsettia extension project? 16 Answer: $195,009 17 Dated: 05/22/01 /s/ Donald Haas. Jr. 18 Presiding Juror 19 It appearing to the Court that on June 3, 1998, plaintiff filed its Complaint in Eminent 20 Domain in Case No. N78249-1 with respect to the real property described in plaintiffs complaint 21 against defendants William Baker and Donna Marie Baker ("Baker"); 22 It further appearing to the Court that on June 3, 1998, plaintiff City of Carlsbad filed its 23 Complaint in Eminent Domain in Case No. N78252-1 with respect to the real property described in 24 plaintiffs complaint against defendants Rudvalis; San Diego Gas and Electric Company 25 ("SDG&E"); Martyn J. Yardley; Frances J. Yardley; Douglas W. Rolph; Margie Lou Rolph; Robert 26 27 28 „ GAkink\c:ARLSBAD\BAK£R\Afta-AppJudiinii-V2 wpd 7/11/03 3 16 PM J JUDGMENT ON CONSOLIDATED ACTIONS SPECIAL VERDICT 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 N. Belyea; Transamerica Title Insurance Company, a California corporation; Zita Rudvalis; and Trustors Security Service, a California corporation; It further appearing to the Court that the interests in real property comprising the Subject Property being condemned in these consolidated proceedings consists of the portions of real property located within the City of Carlsbad, County of San Diego, California, as more particularly described in Exhibit "A" (Legal Description, Baker, PR. 3.2.105 & PR. 3.4.317) and Exhibit "B" (Legal Description, Rudvalis Family Trust, PR. 3.2.100) attached to this Judgment and incorporated by this reference; It further appearing to the Court that on June 9,1998, plaintiff deposited with the Court the sum of $84,600.00 in Case No. N78249-1, with respect to the real property of defendants Baker sought to be condemned; It further appearing to the Court that all of this amount has been withdrawn by defendants Baker; It further appearing to the Court that on June 9,1998, plaintiff deposited with the Court the sum of $500.00 in Case No. N78252-1, with respect to the real property of defendants Rudvalis sought to be condemned; It further appearing to the Court that none of this amount has been withdrawn by defendants; It further appearing to the Court that, pursuant to Order for Prejudgment Possession, plaintiff was authorized to take possession of the real property described in plaintiffs Complaint in Eminent Domain 30 days after service of a copy of the order on the record owners of said real property as provided in Section 1255.410 of the Code of Civil Procedure, and that the effective date of the Order for Possession is July 9,1998; It further appearing to the Court that plaintiff amended its Complaint in Eminent Domain in Case No. N78249-1 herein to add defendants Thurlo M. Schindler, Victoria Fernandez, as Trustee Under the Fernandez Family Trust Dated April 21, 1982 ("Fernandez"), Carlsbad Promenade, and Koide; G \kmk\CARLSBAD\BAKER\AIUi-App\Jucimra.V2 wpd 7/11/03 3 16 PM t JUDGMENT ON CONSOLIDATED ACTIONS SPECIAL VERDICT 10 11 12 13 14 15 16 17 18 . 19 20 21 22 23 24 25 26 27 28 It further appearing to the Court that Case No. N78249-1 and Case No. N78525-1 were ordered consolidated for all purposes, including, without limitation, trial and appeal; It further appearing to the Court that on April 26, 2001, an Interlocutory Judgment in Condemnation was entered as between plaintiff City of Carlsbad and defendants Baker as to all claims of defendants Baker in the real property described in plaintiffs complaint on file in Case No. N78249-1 herein (as set forth in Exhibit "A" attached hereto), said Interlocutory Judgment in Condemnation is incorporated herein by this reference as though fully set forth; If further appearing to the Court that defendants Thurlo M. Schindler, Fernandez, and Carlsbad Promenade have filed disclaimers disclaiming any right, title or interest in the real property described in plaintiffs Complaint in Eminent Domain in Case No. N78249-1 (Exhibit "A"); It further appearing to the Court that defendants Martyn H. Yardley, Douglas W. Rolph, Margie Lou Rolph, Robert N. Belyea, Carly W. Belyea, and Francis J. Yardley were served with summons and complaint in eminent domain and having failed to respond have been defaulted in Case No. N78252-1; It further appearing to the Court that the defendants Transamerica Title Insurance Company, a California corporation, Trustor's Security Service, SDG&E, and Zita Rudvalis have filed disclaimers disclaiming any right, title or interest in the real property described in plaintiffs Complaint in Eminent Domain in Case No. N78252-1 (Exhibit "B"); It further appearing to the Court that on April 18, 2001, defendants Rudvalis accepted plaintiffs final offer of compensation in the amount of $5,000.00 plus interest and costs, with respect to the taking of the interests in real property described in plaintiffs complaint in Case No. N78252-1 herein (as set forth in Exhibit "B" attached hereto), and not including improvements pertaining to the realty or other tangible assets of Rudvalis Orchids; It further appearing to the Court that on November 14,2001, this Court entered a Judgment on Consolidated Actions Special Verdict that awarded to defendant Koide the sum of $153,700.00 for non-economic (physical) damages to unaffixed, movable personal property, the sum of $759,556.00 for economic damages to unaffixed, movable personal property, and the sum of C \kmk\CARLSBAD\DAKBR\Ancr-App\Jiidmni-V2 wpd 7/11/03 3 16 I'M -> JUDGMENT ON CONSOLIDATED ACTIONS SPECIAL VERDICT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 $ 195,009.00 for economic damages to improvements pertaining to realty; and to defendants Rudvalis the sum of $118,324.00 for non-economic (physical) damages to unaffixed, movable personal property, the sum of $745,036.00 for economic damages to unaffixed, movable personal property, the sum of $640,431.00 for economic damages to improvements pertaining to realty, and the sum of $5,000.00 as compensation for the taking of the interest in their real property, not including improvements pertaining to realty or other tangible assets of Rudvalis Orchids; It further appearing to the Court that on November 15, 2001, plaintiff filed a timely appeal from the judgment; It further appearing to the Court that on December 10,2001, defendants Koide and Rudvalis filed a motion to increase the amount of deposit pursuant to the provisions of Code of Civil Procedure section 1255.030 to reflect the above-referenced award, plus interest, less any withdrawals; It further appearing to the Court that on February 20, 2002, this Court issued an order increasing the amount of deposit based on Code of Civil Procedure section 1255.030, as interpreted in Redevelopment Agency v. Oceanic Arts (1995) 33 Cal.App.4th 1052, and People ex rel Department of Transportation v. Zivelonghi (11986) 181 Cal.App.3d 1035; It further appearing to the Court that on April 11, 2002, plaintiff increased the amount on deposit, pursuant to the above-referenced order, by placing an additional sum of $3,203,247.00 with the county treasury; It further appearing to the Court that on July 2, 2002, this Court issued an order sustaining objections to defendant Koide's verified application to withdraw $1,354,431.00 from the condemnation deposit; It further appearing to the Court that on July 2, 2002, this Court issued an order sustaining objections to defendants Rudvalis' verified application to withdraw $1,848,816.00 from the condemnation deposit; It further appearing to the Court that on July 2, 2002, this Court issued an order for withdrawal of a portion of the condemnation award, which authorized defendant Koide to withdraw G \kmk\CARLSBAD\BAKERVAftcr-App\Judranl-V2 wpd 7/11/03 3 16 PM O JUDGMENT ON CONSOLIDATED ACTIONS SPECIAL VERDICT 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the sum of $180,700.00, which sum represents the award of non-economic (physical) damages to unaffixed, movable personal property, plus interest; It further appearing to the Court that on July 2, 2002, this Court issued an order for withdrawal of a portion of the condemnation award, which authorized defendants Rudvalis to withdraw the sum of $139,100.00, which sum represents the award of non-economic (physical) damages to unaffixed, movable personal property, plus interest; It further appearing to the Court that defendant Koide and defendants Rudvalis have withdrawn those amounts pursuant to the above-referenced orders; It further appearing to the Court that on June 10,2003, the Court of Appeal of the State of California, 4lh District, Division One, issued an opinion that reversed the judgment and remanded the matter with directions that this Court enter a new judgment omitting defendant Koide's awards of $759,566.00 for economic damages to unaffixed, movable personal property and $ 195,009.00 for economic damages to improvements pertaining to realty; omitting defendants Rudvalis' awards of $745,036.00 for economic damages to unaffixed, movable personal property and $640,431.00 for economic damages to improvements pertaining to realty; and awarding defendant Koide and defendants Rudvalis non-economic damages in the amounts of $153,710.00 and $118,324.00, respectively; It further appearing to the Court that the decision of the Court of Appeal has become final and a remittitur has been filed with Clerk of this Court; It further appearing to the Court that defendant Koide is entitled to recover from plaintiff City of Carlsbad just compensation for non-economic (physical) damages to unaffixed, movable personal property caused by plaintiff City of Carlsbad's taking and or construction and use of the Poinsettia extension project in the amount of $153,710.00 plus interest and costs as allowed by law; It further appearing to the Court that defendants Rudvalis are entitled to recover just compensation from plaintiff City of Carlsbad for non-economic (physical) damages to unaffixed, movable personal property caused by plaintiff City of Carlsbad's taking and or construction and use of the Poinsettia extension project in the amount of $ 118,324.00, plus interest and costs as allowed GAkmk\CARLSBAD\BAKER\Aner.AppUiiclmm-V2 wpd 7/11/03 516 PM ' JUDGMENT ON CONSOLIDATED ACTIONS SPECIAL VERDICT 3 4 5 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 by law, as well as $5,000.00, plus interest and costs, for the taking of the interest in real property described in plaintiffs Complaint in Eminent Domain in Case No. N78252-1 (Exhibit "B"), not including improvements pertaining to realty or other tangible assets of Rudvalis Orchids; NOW, THEREFORE, IT IS ADJUDGED, ORDERED AND DECREED as follows: 1. The Judgment on Consol idated Actions Special Verdict that was entered by this Court on November 14, 2001, shall be and hereby is set aside and vacated; 2. Defendant Koide is entitled to recover from plaintiff City of Carlsbad the principal sum of $153,710.00, plus interest thereon from May 1, 1999 to date of payment; 3. Defendants Rudvalis are entitled to recover from plaintiff City of Carlsbad the principal sum of $123,324.00 plus interest on $118,324.00 from May 1, 1999 to date of payment, and interest on $5,000.00 from July 9, 1998 to date of payment; 4. Koide, on August 8, 2002, withdrew the sum of $180,700 from the condemnation deposit. Saidsum included the principal amount of$153,710, plus interst from May 1,1999 to April 12, 2002, in the amount of $26,990. Koide is due the sum of $2.326 for interest on the principal amount of $153,710 from April 12, 2002 to August 8, 2002. Said sum shall be paid to Defendant Koide in care of Palmieri, Tyler, Wiener, Wilhelm & Waldron, LLP, attention Michael H. Leifer, 2603 Main Street, Suite 1300, Irvine, California 92614-6228. 5. Rudvalis, on August 8,2002, withdrew the sum of $ 13 9,100 from the condemnation deposit. Said sum included the principal amount of $118,324, plus interest from May 1, 1999 to April 12, 2002, in the amount of $20,776. Defendants Rudvalis are due the sum of $1,791 for interest on the principal amount of $139,100 from April 12, 2002 to August 8, 2002. In addition, the remaining sum of $5,000, plus interest from July 9, 1998 to date of payment, shall be paid to Defendants Rudvalis. Said sums shall be paid to Defendants Rudvalis in care of Palmieri, Tyler, Wiener, Wilhelm & Waldron, LLP, attention Michael H. Leifer, 2603 Main Street, Suite 1300, Irvine, California 92614-6228. 6. Upon payment to defendants Rudvalis of the sums of money specified herein, the interests of said defendants in and to the real property described in plaintiffs Complaint in Eminent Domain (and as set forth in Exhibit "B" attached hereto) shall be condemned to plaintiff and against O \lcmk\CARLSBAD\BAKER\After-App\Judmm-V2 wpd 7/11/03 3:16 PM O JUDGMENT ON CONSOLIDATED ACTIONS SPECIAL VERDICT 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 defendants Rudvalis for the uses and purposes described in plaintiffs complaint, to wit: The Poinsettia Lane extension project; and title to the real property and interests in real property described in plaintiffs Complaint in Eminent Domain (as set forth in Exhibit "B" attached hereto) shall vest in plaintiff on the day a Final Order in Condemnation is recorded in the Official Records of the County of San Diego, State of California; 7. The receipt of the payments as specified herein shall constitute a waiver by operation of law of any claim or right of defendants Koide and Rudvalis to any funds remaining on deposit in the San Diego County Treasury, and said defendants, and each of them, hereby assign to plaintiff any such right to or interest in such funds which defendants may have. Plaintiff is entitled to the immediate release of any funds remaining on deposit in these consolidated actions in the San Diego County Treasury plus accrued interest thereon. The Clerk of the San Diego County Superior Court is hereby ordered to disburse such funds in the San Diego County Treasury to: City of Carlsbad, c/o Richard R. Freeland, Asaro, Keagy, Freeland & McKinley, 3170 Fourth Avenue, 4lh Floor, San Diego, California 92103; 8. The uses and purposes for which the real property and interests in real property are condemned are public uses authorized by law and the taking thereof in the estates described in plaintiffs Complaint in Eminent Domain is necessary for such uses; 9. The payments to defendants of the sums of money as specified herein shall be in full payment for those interests of said defendants in the real property as described in plaintiffs Complaint, including all damages of every kind and nature which may have been suffered or to be suffered by defendants by reason of the taking of the real property and interests in real property for the construction and use of the Poinsettia Lane extension project in the City of Carlsbad; 10. Possession having been taken by plaintiff on or about July 9,1998, as it relates to all defendants, all taxes and assessments, penalties and costs which are a lien on the parcels taken, including all taxes and assessments which are apportioned or imposed with respect to that portion of the fiscal year after said date, are canceled pursuant to section 5081, et seq. of the Revenue and Taxation Code, upon the filing and recordation of Final Order in Condemnation in the Official Records of the County of San Diego, State of California; G \kink\CARLSBAD\BAKER\ARtr-AppMudmnl-V2 wpd 7/I4/B3 2 35 PM " JUDGMENT ON CONSOLIDATED ACTIONS SPECIAL VERDICT 1 2 3 4 5 6 7 8 9 10 11 12 13 TO 2 9 20P4 JACQUELINE M. STERN 14 15 16 17 18 19 i.0 21 22 23 24 25 26 27 11. Upon payment of the amounts set forth herein, or the deposit of said amounts with the Court, defendants stipulate that a Final Order in Condemnation may be entered in this action. As soon as practical after entry of the Final Order in Condemnation, plaintiff City of Carlsbad shall cause a certified copy thereof to be recorded in the Official Records of the County of San Diego and shall serve notice of such recordation upon defendants. Plaintiff shall provide notice of the entry of the Final Order in Condemnation to counsel for the defendants. 12. Defendant Koide shall recover her costs as provided by law in the amount of $12,614.88. 13. Defendants Rudvalis shall recover their costs as provided by law in the amount of $14,997.44. Plaintiff shall recover its costs on appeal, as ordered by the Court of Appeal, in the amount of$ Dated: Judge of the Superior Court Submitted by: ASARO, KEAGY, FREELAND & McKINLEY Richard R. Freeland, Esq. Attorneys for Plaintiff CITY OF CARLSBAD Approved as to form: WIENER, WILHELM & WALDRON LLP ^ J By:_Z Ronald M. Cole, Esq. Attorneys for Defendants PAM KOIDE dba BIRD ROCK TROPICALS and JOSEPH A. RUDVALIS and BARBARA RUDVALIS as Trustees of the JOSEPH AND BARBARA RUDVALIS FAMILY TRUST UDT 06/07/89 28 0 \kmk\CARLSBAmBAKER\Aflet-App\Judmni-V2 wpd 7/10/03 4 23 PM 10 JUDGMENT ON CONSOLIDATED ACTIONS SPECIAL VERDICT EXHIBIT "A" L.£GAL DESCRIPTION BAKER PR. 3.2.105 (SLOPE, TEMPORARY CONSTRUCTION, & DRAINAGE EASEMENTS) THOSE PORTIONS OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF FRACTIONAL SECTION 22. TOWNSHIP- 12 SOUTH. RANGE 4 WEST, SAN BERNARDINO MERIDIAN, AS DESCRIBED IN DEED TO WILLIAM AND DONNA MARIE BAKER RECORDED AUGUST 11, 1997. DOCUMENT NO. 1997-0383428 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. ACCORDING TO OFFICIAL PLAT THEREOF. BEING MORE PARTICULARLY DESCRIBED AS FOLLOW: EXCEPTING THEREFROM THE SOUTHERLY TWO ACRES. ALSO EXCEPTING THEREFROM THE EASTERLY 203 2/3 FEET OF THE - NORTHERLY 208 273 FEET AS DESCRIBED IN DEED TO MILDRED McMILLAN. RECORDED MAY 9. 1965 AS FILE NO. 77307 OF OFFICIAL RECORDS. PARCEL 1 (REFERENCE ONLY POINSETTIA LANE) BEING A 102.00 FOOT WIDE STRIP OF LAND LYING 51.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE CENTERLINE INTERSECTION OF POINSETTIA LANE AND AVIARA PARKWAY (FORMERLY ALGA ROAD) AS SHOWN ON CITY OF CARLSBAD TRACT 90-15, MAP NO. 12972, FILED IN THE OFFICE OF THE COUNTY RECORDER SEPTEMBER 17, 1992, SAID POINT BEING OCCUPIED BY A STREET SURVEY MONUMENT STAMPED "LS. 58S4" PER RECORD OF SURVEY MAP NO. 13343, FILED IN THE OFFICE OF THE COUNTY RECORDER AUGUST 8. 1991. SAID POINT BEARS NORTH 72°12'46* EAST, 593,97 FEET (NORTH 72°47'00- EAST. A ' 593.94 FEET PER R or 348) FROM A POINT ON TF TERUNE OF SAID POINSETTIA LANE AS SnOvVN ON SAID RECORD OF SURVEY MAP NO 13,48 _SA,D POINT BE.NG OCCUPIED BY A STREET SURVEY MONUMENT STAMPED LS. 5894 ; THENCE LEAVING SAID CENTERLINE INTERSECTION ALONG S"ID C=NTERLINE OF POINSETTIA LANE, NORTH 72MZ46' EAST (NORTH 72°<rw EAST PER MAP 12972). 185.00 FEET TO THE BEGINNING OF TANGENTCURVE CONCAVE NORTHWESTERLY. HAVING A RADIUS OF 1400 00 FET- THENCE NORTHEASTERLY ALONG SAID CENTERLINE AND THE ARC OF SAID CURV* THROUGH A CENTRAL ANGLE OF 02'41'Or A DISTANCE OF 6557 FEET (02'41'12", 65.55 FEET PER MAP 12972) TO A POINT ON THE SOUTHERLY LINE OF SAID SECTION 22. SAID POINT BEING THE TRUE POINT OF BEGINNING- THENCE NORTHEASTERLY ALONG A CONTINUATION OF SAID CENTERLIN- AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 27°50'53" A DISTANCE OF 680.46 FEET; THENCE NORTH 41°40'52' EAST 515 u4 FEET TO • HE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 1400.00 FEET ; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF on ITS' A DISTANCE OF 200 13 - FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "A"- THENCE CONTINUING NORTHEASTERLY AND EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 42°3S'00- A DISTANCE OF 1040 92 r« i TO A POINT ON THE SOUTHERLY LINE OF PARCEL 'B' OF CERTIFICATE OF COMPLIANCE RECORDED MARCH 11. ,997. FILE NO. ,997-0106631 OF OFFICIAL RECORDS; THENCE ALONG SAID SOUTHERLY LINE. SOUTH 87-3V42- EAST. 134.77 FEET TO THE SOUTHEAST CORNER OF SAID'PARCEL "B' SAID POINT BEING OCCUPIED BY A 3/4' IRON PIPE MARKED -RCE 8210'. THE SIDELINES OF SAID 102.00 FOOT WIDE STRIP OF LAND TO BE SHORTENED OR EXTENDED SO AS TO TERMINATE SOUTHWESTERLY IN THE SOUTHERLY LINE OF SAID FRACTIONAL SECTION 22 AND NORTHEASTERLY IN THE SOUTHERLY LINE OF PARCEL -B- OF SAID CERTIFICATE OF COMPLIANCE AND EAS,ERLY IN THE WESTERLY LINE OF BLACK RAIL ROAD PER NOTICE OF PAGE 2 OF12 PENDING ACTION S, - OR COURT CASE NO. ' -924 SEPTEMBER 12, 1SS7. F!L£ NO. 1S97-0444689 OF OFFICIAL RECORDS. PARCEL 2JREFERENCE ONLY - PORTION OF BRIGANTINE DRIVE) BEING A 42.00 FOOT WIDE STRIP OF LAND LY!NG 12.00 FEET WESTERLY AND 30.00 FEET EASTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE HERE.NABOVE DESCRIBED POINT "A" SAID POINT BEING ON THE ARC OF A 1400.00 FOOT RADIUS CURVE CONCAV= SOUTHEASTERLY A RADIAL L.NE TO SAID POINT BEARS NORTH WOTtr WirST; THENCE RADIAL FROM SAID CURVE. NORTH 40-07'42" WEST 51 00 F'ET TO A POINT ON THE NORTHWESTERLY LINE OF THE HERRNABOVE DESCRIBED PARCEL 1 SAID POINT BEING THE TRUE POINT OF BEGINNING- THENCE CONTINUING NORTH 40'07'42" WEST. 127.52 FEET TO A TANGENT CURVE. CONCAVE NORTHEASTERLY. HAVING A RADIUS OF 300 00 FEET I HENCE NORTHWESTERLY, ALONG THE ARC OF SAID CURVE. THROUGH A CENTRAL ANGLE OF 17-297S", AN ARC LENGTH OF 91.58 FEET- THENCE NORTH 22-38'13" WEST. ,17.15 FEET TO A TANGENT CURVE CONCAVE NORTHEASTERLY. HAVING A RADIUS OF 300.00 FEET- THENCE NORTHWESTERLY, ALONG THE ARC OF SA,D CURVE. THROUGH A CENTRAL ANGLE OF 1V33-05". AN ARC LENGTH OF 60.43 FEET TO THE POINT OF TcRMINUS SAID POINT BEING ON THE SOUTHERLY LINE OF PARCEL "8' OF CERTIFICATE OF COMPLIANCE RECORDED'MARCH 11. 1997 FILE N0 18g- 0106631 OF OFFICIAL RECORDS AND LYING SOUTH ST2T43- EAST 3 54 FEET FROM THE SOUTHWEST CORNER OF SAID PARCEL "8-. THE CONTINUATION OF SAID CURVE BEING TANGENT TO AND ENDING ON THE WESTERLY LINE OF SAID PARCEL'S-. -"AGE 3 OF ,2 „. , PARCEL 2. • THE NORTHWESTERLY SIDELINE OF THF DESCRIBED PARCEL , AND THE ARC OP A 20 00 FOO- CONCAVE NORTHERLY. SA,0 CURVE BEING TANGENT TO ^0 WO MENTIONED LINES. H °F THE PARCEL 2. SA,0 POINT BEING ON THE NOR^ ^ fv * SAID CURVE. THROUGH A CENTRAL ANGLE OF Or28?7 AN AR RC °F 3.33 FEET TO A POINT OF CUSP W,TH A 20" OO^ ^ "c^T™ " WESTERLY A RAn.A. , .M^ ™ «AUIUS CURVE C0^4CAVE THENCE ^vT^S,^^/^1™ 42>°4'34' ^ ,c _ EAST. 1S.20 FEEtTO THE POINT OF BEGINNING TH PARCEL 4 (SLOPE EASEMENT) COMMENCING AT THE NORTHWEST CORNER OF SAID OF THE SOUTHEAST QUARTER OF THP 7n? WEST °UARTER ALONG THE WESTERLY UNE OF SA,D SOUTHEAST QUARTER OF THE SOUTHWEST QUART «-37 FEET TO AN ANGLE POINT ,N THE LY . HERBNABOVE DESCR,BED PARCEL 2. SAID PO^T E NG THE BF^" ^ THE NON-TANGENT 312.00 FOOT RADIUS CURVE rn«r BEG1NNING OFA LINE BEARS SOUTH ™'1S* W^n c N°RTHEAS^HLY, ABEGINNING: "^^^^ THENCE ALONG THE WESTERLY S.DELINE OF SAID PARCF, , «n WEST. ,3.00 FEET TO THE BEGINNING OFA NON^ANGEN ,n CURVE CONCAVE WESTERLY. A RAO,AL SA,0 PO,N, THENCE CONT,NU,NG FAGE 5 OF 1 2 •7C. ALONG THE ARC OF - :URVE THROUGH A CENT, -STANCE OP 30,4 FEET TO A PO.NT ,N THE NORn Th= HEREINA80VE DESCRIBED PARCE' 1 S'lD POISJ- c-, °F A REVERSE ,4,1,0 FOOT R.O ^OT R.O RADiAL L,NE BEARS NORTH 42^34' WEST TO SA,n o SOUTHWESTERLY ALONO THE ARC OP ^ , CURVE OUCH^ ANGLE OFOe.,4-34- A D.STANCE OP 153,0 PEET- THENCE CONn^ SA.D SIDELINE SOUTH 4, -40'S2" WEST 38 87 PP-T rn ' EAST. 40.S7 FEET; THENCE z EAS- - NORTH 48,,, EAST. 7,44 PEHT; THENC^RT^, 02 23 14 WEST. 5/.S3 FEET TO THE TRUE POINT OF BEGINNING. -RE PARCEL 5 (SLOPE EASEMENT) ir. i- QUARTER OF THE SO VEST QUARTER BEING TH' JTHERLY LINE OF SAID PARCEL B SOUTH 87'27'43- EAST, 34.51 FEET TO AN ANGLE POINT IN THE EASTERLY SIDELINE OF THE KEREINAEOVE DESCRIBED PARCEL 2, SAID POINT BEING THE BEGINNING OF A NON-TANGENT 270.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, A RADIAL LINE BEARS SOUTH 77°21'59» WEST TO SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID NORTHERLY LINE ALONG SAID EASTERLY SIDELINE OF PARCEL 2 THF FOLLOWING COURSES: 1- SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 10W12" A DISTANCE OF 47.14 FEET; 2. SOUTH 22'38'13" EAST, 117.15 FEET TO THEBEGINNING OF A TANGENT 270.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; 3. SOUTHEASTERLY-ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF i7°29'29" A DISTANCE OF 82.43 FEET; 4. SOUTH 40-07-42' EAST. 108.37 .FEET TO THE BEGINNING OF A TANGENT 20.00 FOO i RADIUS CURVE CONCAVE NORTHERLY; 5- EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGL^ OF. 88°03'08" A DISTANCE OF 30.74 FEET TO A POINT IN THE NORTHWESTERLY SIDELINE OF THE HEREJNABOVE DESCRIBED PARCEL 1 SAID POINT BEING THE BEGINNING OF A REVERSE 1451.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY. A RADIAL LINE BEARS NORTH 33°10'50" WEST TO SAID POINT; THENCE ALONG SAID NORTHWESTERLY SIDELINE OF PARCEL 1 NOR.HEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 10-36-42" A DISTANCE OF 253.74 FEET TO THE WESTERLY LINE OF SAID EASTERLY 208 2/3 FEET OF THE NORTHERLY 208 2/3 FEET AS DESCRIBED IN DEED TO MILDRED McMILLAN. RECORDED MAY 9, 1965 AS FILE NO 77307 OF OFFICIAL RECORDS; THENCE LEAVING SAID SIDELINE OF PARCEL 1 ALONG ' SAID WES.ERLY LINE NORTH 02'12'02" WEST, 12.95 FEET; THENCE LEAVING SAID WESTERLY LINE SOUTH 59-59'55" WEST, 223.98 FEET; THENCE SOUTH 48'58'17" WES i. 56.S9 FEET; THENCE-NORTH 44-49'43" WEST, 132.52 FEET :CA M VVO 1S52-J 2/77/Sa Ex* »i? IT A c*a =>-/ I NORTH 21- DESCRIBED PARCEL PARCEL 6 (SLOPE EASEMENT) COMMENC.NG AT THE NORTHWEST CORNER OF THE ,nn- ACRES OF SA,D NORTHWEST QUARTER OF THE SOUTHS t" ™° THE SOUTHWEST OUARTER OF SHCTiON * THENCE AtZ UNE OF SA,0 SOUTHERN TWO ACRES SOUTH ^ H2 EAST HERESov POINT IN THE SOUTHER, v , ,MC ~ DISTANCE OF 511.50 FEET TO A ~ 'co i, «j.gg FEcT; THENCE SOUTH 63"57^R" >^ycrc«^ PAGE 8 OF '2 THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTA^ MORE OR LESS.' ' CONTAINS 0.269 ACRE PARCEL 7 (TEMPORARY CONSTRUCTION EASEMENT) BEING A 20.00 FOOT W,DE STRIP OF LAND. THE THE WESTERLY SIDELINE OF SA!D 20.00 FOOT WIDE STRIP nc , 0,0, PARCEL 8 (TEMPORARY CONSTRUCTION EASEMENT)™ ' HE HEREINASOVE DESCRIBED PARCEL 5. ERLY LINE OF THE NORTHERLY SIDELINE OF SA.O 20.00 FOOT WIDE STRIP n S 9 OF 12 -7 I o-f QUARTER OF THE SOI - -:ST QUARTER OF FRACTI 3ECT|O, „ NORTHEASTERLY ,N SA10 WESTERLY UNE 0, THE EASTERLY'l^ --r° • HE NORTHERLY203 2/3 FEET AS DESCRIBED IN DEED TO RECORDED MAY 9,1966 AS F(LE No. 77307 QF DESCRIBED MOREORLESS. ™" ~' ^ "UN'AINS 0.281 PARCEL 9 (TEMPORARY CONSTRUCTION EASEMENT) BEING A 20.00 FOOT WIDE STRIP OF LAND. THE SOUTHEASTERLY UNE BE.NC PARALLEL W.TH AND 20.00 FEET SOUTHEASTERLY OF THE SOUTHEAS- RLY LINE OF THE HEREiNASOVE DESCR.BED PARCEL 6. ' HE SOUTHEASTERLY SIDELINE OF SAID 20.00 FOOT WIDE STR.P OF LAND TO UN : OF THE EASTERLY 208 2/3 FEET OF THE NORTHERLY 208 2/3 FE^ As O "~"* — ORLESS ^ w' ^nu ^NIAJNS 0.240 ACRE PARCEL 10 (DRAINAGE EASEMENT) COMMENCING AT THE NORTHWEST CORNER OF SA,D NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF FRACTIONAL SECTION 22 ALSO BE,NG THE SOUTHWEST CORNER OF PARCE °F -sic-1- A -,. ^ ,,^CTi "B".OF CERTIFICATE OF ^C 1IANCE RECORDED MARr - 1997 AS FILE NO. 1997-0106631 OF OFFICIAL RECORDS OF SAID SAN DIEGO COUNTY; THENCE ALONG THE NORTHERLY LINE OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER BEING THE SOUTHERLY LINE OF SAID PARCEL "5", SOUTH 87D27'43H £<\ST (RECORD = SOUTH 86'53'40" EAST), 34.51 FEET TO AN INTERSECTION WITH THE EASTERLY SIDELINE OF THE HEREINABOVE DESCRIBED PARCEL 2, SAID POINT BEING THE BEGINNING OF A NON-TANGENT 270.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, A RADIAL LINE BEARS SOUTH 77C21'59" WEST TO SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID NORTHERLY LINE. SOUTHEASTERLY ALONG SAID EASTERLY SIDELINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 01°47'21" A DISTANCE OF 8.43 FEET; THENCE LEAVING SAID EASTERLY SIDELINE SOUTH 63°25'43" EAST, 22.22 FEET; THENCE NORTH 26°34'12" EAST, 15.00 FEET; THENCE NORTH 63'25'48" WEST. 8.48 FEET TO SAID SOUTHERLY LINE OF SAID PARCEL "B"; THENCE ALONG SAID SOUTHERLY LINE NORTH 87°27'43" WEST (RECORD = NORTH S6053'40" WEST), 21.00 FEET TO THE TRUE POINT OF BEGINNING. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.007 ACRE MORE OR LESS. PARCEL 11 (DRAINAGE EASEMENT) COMMENCING. AT THE NORTHWEST CORNER OF-THE SOUTHERLY TWO ACRES OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF FRACTIONAL SECTION 22; THENCE ALONG THE NORTHERLY LINE OF SAID SOUTHERLY TWO ACRES SOUTH 87031'12" EAST, 118.91 FEET TO A POINT IN THE SOUTHEASTERLY SIDELINE OF THE HEREINABOVE DESCRIBED PARCEL 1. SAID POINT BEING THE BEGINNING OF A NON-TANGENT 1349.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A PAGE 11 OF 12 :CA M 'LegalsUS52 Ocaan WC1S52-* 2/27/98 f.ccc crr/*- 73 3 c- nui LINE BEARS N^,' 47'13'IS' WEST TO SAID P- . SAID NORTHERLY UNE SAID SOUTHE THEN-P o,3.5S.. EAST. 5.00 FEET; THE.CE SOUTH 09M6. ST 1 THENCE SOUTH 30,3,, WEST, 2,00 PEET; THENCE NORTH^ 01 2/.DO FEET; THENCE NORTH SO'lS'Sg" EAST 500 0— '• WEST, 41,2FEETTO THE ' ACRE 7- 3- ?e JOHNW. HILL, JR ' LS. 5o69 HUNSAKER & ASSOCIATES SAN DIEGO. INC. PAGE 12 OF 12 - »£:T -7 ._• INDICATES STREET SURVEY MONUMENT 57, "LS. 5894' PER R Or S 1JJ43. INDICATES 3/4' IRON PIPE MARKED 'RCE 8210 PER R OF S 120S6 VICINITY MAP NOS^ ^ LANQ- TES RECORD DATA PER MAP 12972 [ } INDICATES RECORD DATA PER R OF S _ \ \ INDICATES RECORD DATA PER R 0F 5 4772 HUNSAXER & ASSOCIATES or r-, I C R. Rj c REC. 3/11/57. 1997-Q ICScJ I LEGAL DESCRIPTION PORTION OF FRACTIONAL SEC. 22. TI2S. R4W. S.BM. 1 BASIS OF BEAEINGS- SHEEIT ] CF 4 DEDICATION FLAT - CITY OF CARLSBADLJCANT; ~i. •'CO ^x Pl^ 0 25l-5;C RES I CENTAL CRCLF " S2714 PREPARED 8Y: a 7_ -_ o „ft j s » + JCMN v». HJU_ JR. LS. io£ PROJECT: 5LOP£; TEMPORARY CONSTRUCTION & DRAINAGE EASEMENTS PR. 3.2.705 • A.F.N.: J52tHIBIT "B" N 22'J8'IJ~V 137.15' j9 '*' ***C£L » A ItA *Q-:<O 0^x2 8*£>• ,»o.«>.V Vs \i f fr o» T.P.O.B. PARCEL 2 4 co NOTE: DATA SHOWN HEREON IS EASED ON THE FOLLOWING RECORD OF SURVEY MAPS: 584, 4772, 4772, 57/5, 6269. 10774, 32096, 12762 AND 14620. RECORD OF SURVEY MAP NO. 14608 SHOWS ALTERNATE LOCATIONS FOR PROPERTY LINES SHOWN HERON. NO REPRESENTATION IS MADE HEREON AS TO THE LOCATION OF PROPERTY OR OWNERSHIP LINES. DEDICATION PLAT - CfTY OF CARLSSAD EFD BY- 'PROJECT: SLOPE, TEMPORARY CONSTRUCTION & DRAINAGE EASEMENTS PR. 3.2.105 r-r A- SHEET 2 OF 4 DPiRCS: 9/JO/99 A.P.N.; C1 A 1 215-070-19 TTBTT "B" ?£?*• .a 'OS 4772 100 mr——-—-100 ECTND^1^ souTrTTS7 WC47FS 5^ exsa/ovr 200 3CO -—.^^^^^^o?^,-«-•~r«» :^3«»i»r»'-s swiey ^ NO woaSo^AT/,i°^KOI!D °F*p£gffi? u"a ^™?™*n Loc*m"s S3^m a!s 0tX&™s^'£** «— "" " • 'vxET 3 Of 4 927M 4CO : PLAZA 251-6 ico PROJECT: SLOPE. TEMPORARY CONSTRUCTION & DRAINAGE EASEMENTS PR. 3.2.105 A.F.N.: _215-070-19 EXHIBIlJ!E"" P.O.C. KVKO. n ' LE GEND NOTE: SHOWN , —•"•!*.... .„,,., /*ujo, u/tZ AND 14630. RECORD OF SURVEY MAP NO. 14603 SHOWS ALTERNATE LOCATIONS FOR PROPERTY UNES SHOWN HEREON. NO REPRESENTATION IS MADE HEREON AS TO THE LOCATION Of PROPERTY OR OWNERSHIP LINES. JCAN7: ELLUS R^S I>C. CA 927M CROP 251-51CO Eir 4 cr 4 PROJECT: SLOPE. TEMPORARY CONSTRUCTION & DRAINAGE EASEMENTS PR. 3.2.105 A.P.N.: _2l 5-070-TS u ' «• f A. ~) c; ... JL. ,, LEGAL DESCRIPTION BAKER DRIVE) HOSE PORTIONS OF PARCELS 17 AMP, DESCRIBED HEREIN LYING WITHIN p^rr * (DEDICATION P^CELS) DESCRIBED HEREIN. "^ '*' «RSKIP PARCEL) PARCEL "A" (OWNERSHIP PARCEL) - ™ 4 WHST. SAM BERNARD|NO AND 00NNA MAR(£ NO. 1997.0383«8 OF OFFICIAL RECORDS nfr c U OP CARLSBA0. COUNTY 0^0,40 S A D'E TOOFF,C,ALPUTTHEREOF. EXCEPTING THEREFROM THE SOUTHERLY TWO ACRES. 1^ SOUTH. DEED T° "7' DOCUMENT '* THE C'^ ACCORD.NG FEET OF PARCEL 1 PAG£ "" CURV A CENTRA1- ANGLE OF RHCORD, THENCE ALONG SA[D SO;H ;- - 2 CF 5 "w r.u: EAST, 1^4 PEND.NG ACT.ON SUPER.OR COURT CASE NO T "*" "^ °F 2. 19S, FILE N0. 1gg7.o ' CONCAVE NORTMP^T-p, v CT T° A TANGENT THENCE NORTHWESTER™ A ^NO TH^ ^° * RAD'US * 3°a°° ^ CENTRA, ANGLE OF -29,9 A° ™r T ^ SA'° ""^ ™R°UGH A NORTH 22.33,3" WE T n5 "^ TO NORTHEASTER^. HAVNC = * ALONG THE tr •ANGLE OF n-33'o; THE SOUTHWEST CORNER OF SA,D SAID CURVE BE,NG TANGENT TO AND SAID PARCEL "B". ttRLY LINE OF•-^ THE SIDELINES OF SAID 42.00 FOOT WIDE STRIP OF UNO Tn OR EXTENDED SO AS TO TERMINATE „. „„ ,,ORTHWESTERly OESCRI!SO p. " AB°"E PARCEL 3 o, MROL- POB,,0» OF M,SW,,,e ^ °F 5 frk TO SAID POINT BE/ ORTH 40'36'03" WEST; THtNLc SOUTHWESTERLY ALONG THE NORTHWESTERLY SIDELINE OF SAID PARCEL 1 AND THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF Qr2V27', AN ARC LENGTH OF 37.33 FEET TO A POINT OF CUSP WITH A 20.00 FOOT RADIUS CURVE CONCAVE WESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 42'04'34" EAST; THENCE LEAVING SAID NORTHWESTERLY SIDELINE, NORTHEASTERLY. NORTHERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH^ CENTRAL ANGLE OF 88e03'03" AN ARC LENGTH OF 30.74 FEET; THENCE RADIAL FROM SAID CURVE NORTH 49°52'18" EAST, 18.00 FEET TO A POINT ON THE SOUTHWESTERLY SIDELINE OF THE HEREINABOVE DESCRIBED PARCEL 2; THENCE ALONG SAID SOUTHWESTERLY SIDELINE, SOUTH 40C07'42" * EAST, 19.20 FEET TO THE POINT OF BEGINNING. THE HEREINABOVE DESCRIBED PARCELS 1, 2 AND 3 CONTAIN 1.5S7 ACRES OF LAND MORE OR LESS JOHN W. HILL, JR. LS. 5659 HUNSAKEP. & ASSOCIATES SAN DIEGO. INC. PAGE 5 CF 5 53 Ocsan BlufnC04AC4.dcc WO 135:1-4 2/27/S3 !riTL_r N V-?.-:- /rpr-.-ri ' -y( £?•• £*#•£. ,, ,j..(..i i.J i i 11 ^^r\ ^_ » "**••••/ ••• , ^ ,""1 11 «r LW TWC^V r^Lr^ "-^^_ *«*»» J/^ffSf ^«&-'''<f£°*'<r,y' 0<l-f s~ * iOa-t O 5s.GO ^ ROS -JQ774X^ *q\ \"VN"^s\ ^\ ! i *!!!Cjl i t-«M 3l|l-C;]!! "^5f~|3~^— VICINITY MAP HO SC>*L£ ^^\_MtO NOOKS STK-T BCOIOtJION - ,.<97 ^S A ^^^/S^/gS-w-""^• '^Kyr^^r ( ) /WOrfS RECORD DATA PER MAP ]2S72 ( ] INDICATES RECORD DATA PER R Of S U243 (( )) INDICATES RECORD DATA-*K. HUNSAXER & .ASSOCIATES j A « o i i c a »(i c L.'CAAJT: LS n£S!C£ST)AL CSCLP . CA =2714 LEGAL DESCRIPTION PORTION Of FRACTIONAL SEC. 22. H2S. R4W. S.B.M. BASIS OF SEARINGS: THE BASIS OF BEARINGS FOR THIS MAP IS A PORTION OF" THE NORTHERLY LINE OF FRACTIONAL SECTION 22. T12S. R4W. S.B.U.. PER MAP NO. 13429. I.E. N B9'57'4J'E. SHEET 1 OF. 2 DEDICATION PLAT - CITY OF CARLSBAD PREPARED BY: I PROJECT:" POINSEWA LWE ',<?. 3.4.317 JOHN W. HILL JR. LS. SS£3 A.P.N.: 215-07C-19 JEDOIIBIT "B! Sir UN€ a RECORDED J/H/S7. PARCEL O.B. PARCEL 2 APN 215-070-19 |! BAKER 11 > EASOIEHT12/28/65, FILE NO. NOTE: > * . o . « c a , . c HEREON IS BASED ON THE FOLLOWING A ccnrr ATTC ^C0«7 or SW?V£r AMP5; 554. -#77?. 4773, 5715, Ct/OOU^IAiti 5255, 70774. ;20$ff, 13762 MO 14630. RECORD OF > * . SURVEY MAP NO. 14603 SHOWS ALTERNATE LOCATIONS /r0/? PROPERTY LINES SHOWN HEREON. NO REPRESENTATION IS MADE HEREON AS TO THE LOCATION OF PROPERTY OR OWNERSHIP UNES. M W JCANT; 327 U OJO.P DEDICATION PLAT - CfTY OF RED BY:J ppn irrr. S£ET 2 OF 2 JCHN ». HrtL. JR. L£. i< i: 9/20/S3 PROJECT: POINSETT1A LANE BRIGANTINE DRIVE PR. 3.4.317 ^~ Xi_./7.— fi. A.P.N.: 215-070-19 -EXHIBIT "B" EXHIBIT "B" LEGAL DESCRIPTION RUDVALIS FAMILY TRUST PR. 3.2.100 THOSE PORTIONS OF THE NORTH HALF CF THE SOUTHWc- n "HE SOUTHEAST OMA-— a ^ SOUiriWEjs. QUARTER OF«~ • "- TS OF ™™~,„ ACCORDING TO UNIT-n c;-A-c o °F CAL!FO™IA."^ IU UNhcD SiAicS GOVERNMENT SURVEY APpcnw--. - MORE PARTIOUURLY DESCRIBED AS FOLLOWS: ^' E PARCEL 1 (SLOPE EASEMEmi BEGINNING AT THE NORTHWEST CORNER OF THE NORTH°™ara " « THE SOUTHWEST QUARTER OF SAID «s --- , :HENC£ ALONG SA,D WESTERLY UNE. NORTH 02-23-,.- WE~ 3= ^ - - ' HE POINT OF BEGINNING. ' ^ ^ '° CONTA.NS 0,17 ACHE PARCEL ?^ - , CONSTRUCTION EASEMENT) OF THE KERBNABOVE DESCR,EED PARCEL , .S°U ' h 22 AND ^RTHEASTERLY ,N THE NORTHERLY UNEoF SECT' THE SOUTHWEST QUARTER OF THE SOUTH^T S 0,33 AORS JOHN W. HILL. JR. L s C HUNSAKER & ASSOCIATES SAN DIEGO. INC.' ~ FACE 2 OF 2 O RUDVALIS FAMILY TRUST APN 215-070-04 LEGEND INDICATES SLOPE EASEMENT INDICATES TEMPORARY 1CO CONSTRUCTION EASEMENT . . >^ «. i w/ U.XL-I\ ^A5,^?^1" 5253. 10774. 12096. 1J762 AND 14630. / SU&/EY MAP NO. 14608 SHOWS ALTERNATE FOR PROPERTY LINES SHOWN HEREON. NO REPRESENTATION IS MADE HEREON AS TO THE LO Gf PROPERTY OR OWNERSHIP LINES. DEDICATION FLAT - CfTY OF CARLSBAD 1 CF 1 ~*-'^' _«-_ «* 't-M/1 CONSTRUCTION 215-Q7Q-C* 1 RONALD BALL, CITY ATTORNEY 1200 CARLSBAD VILLAGE DRIVE 2 CARLSBAD, CA 92008 3 ASARO, KEAGY, FREELAND & MCKINLEY, Special Counsel ROSCOE D. KEAGY, SB# 32541 4 RICHARD R. FREELAND, SB# 64092 3170 Fourth Avenue, Fourth Floor 5 San Diego, California 92103 Telephone: (619)297-3170 6 Facsimile: (619) 299-4268 7 Attorneys for Plaintiff 8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF SAN DIEGO 10 CITY OF CARLSBAD, ) No. N78249-1 11 Plaintiff, ) Consolidated with N78252-1 ) 12 v. ) Complaint Filed 06/03/98 ) Judge: Hon. Jacqueline M. Stern 13 WILLIAM BAKER, DONNA MARIE BAKER, ) Dept. 27 et al., ) 14 ) DECLARATION OF SERVICE Defendants. ) 15 ) 16 I, Kathleen King, declare: That I am over the age of 18 years and not a party to the case; I am 17 employed in the County of San Diego, California, where the mailing occurs; and my business address is 18 3170 Fourth Avenue, San Diego, California. I further declare that I am readily familiar with the business' 19 practice for collection and processing of correspondence for mailing with the U. S. Postal Service this same 20 day in the ordinary course of business. 21 I caused to be mailed the following: NOTICE OF ENTRY OF JUDGMENT AFTER 22 REMITTITUR by placing a true copy in a separate envelope addressed to each addressee, respectively, 23 as follows: 24 Ronald Cole, Esq. Michael H. Leifer, Esq. 25 Palmieri, Tyler, Wiener, Wilhelm & Waldron 2603 Main Street, Suite 1300, East Tower 26 Irvine, CA 92614-6228 27 28 G:\kmk\CARLSBAD\BAKER\POS\Supp-POS-CI4527.wpd 5/15/00 10:56 AM DECLARATION OF SERVICE 1 I then sealed the envelope, and with the postage thereon fully prepaid, deposited it in the U. S. mail 2 at San Diego, California, this same day, at my business address shown above, following ordinary business 3 practices. I declare under penalty of perjury under the laws of the State of California that the foregoing is 4 true and correct. Executed on February 9, 2004. 5 6 7 8 9 10 11 12 13 14 15 16 17 PROOF OF SERVICE BY MAIL (CCP 1013a, 2015) 18 19 20 21 22 23 24 25 26 27 28 G:\kmk\CARLSBAD\BAKER\POS\Supp-POS-C145.27.wpd 5/15/00 10:56 AM -^ DECLARATION OF SERVICE