Loading...
HomeMy WebLinkAboutCT 89-19; Odmark & Thelan & The Davidson Companies Ptnshp; 1991-0328096: Irrevocable Offer of Dedication IODCity of Carlsbad 2075 Las Palmas Drive Attention: Planning Dept. Carlsbad, CA 92008 referred to as "Offer") is made this 1/4-4;/ a , 1991, by ODMARX & THELAN AND THE DAVIDSON COMPANIES PARTNERSHIP, a California general partnership (hereinafter referred to as "Grantor"). I. WHEREAS, Grantor is the legal owner of the fee interest in certain real property located in the City of Carlsbad, County of San Diego, State of California and described in the attached Exhibit A (hereinafter referred to as the "Property"); and 11. WHEREAS, Grantor applied to the City of Carlsbad (hereinafter referred to as "City") for the following permits to develop the Property: Tentative Subdivision Map CT 89-19, Site Development Plan SDP 89-7, Hillside Development Permit HDP 89-37 and Zone Change ZC 89-06, for a 79-lot, 72-unit Angle family dwelling project; and 111. WHEREAS, on December 18, 1990 the City Council of the City of Carlsbad approved said permits, subject to certain conditions, including the following condition (hereinafter referred to as the "Condition") : "15. Prior to final map project applicant shall: Director that an offer of onsite wetlands to the State Lands Commission (A) Submit evidence to the Planning 4. t/ IV. WHEREAS, Grantor has elected to comply with the Condition and execute this Offer so as to enable Grantor to undertake the development authorized by the referenced permits; and V. WHEREAS, it is intended that this Offer be irrevocable and constitute enforceable restrictions within the meaning of Article XIII, Section 8 of the California Constitution and that said Offer when accepted shall thereby qualify as an enforceable restriction under the provisions of the California Revenue and Taxation Code, Section 402.1; NOW THEREFORE, in consideration of the above and the mutual benefit and conditions set forth therein, the substantial public benefits for the protection of natural resources to be derived, and the issuance of the above referenced permits to Grantor by the City, Grantor hereby irrevocably offers to dedicate to the State of California, acting by and through the State Lands Commission or other public resource management agency acceptable to the Planning Director of the City, (hereinafter referred to as the "Grantee"), fee title to the wetland portion of the Property (hereinafter referred to as the "Wetland") specifically described and depicted in Exhibit B hereto. 1. Use Restriction. Any public agency accepting the offer to dedicate shall limit uses in the area to natural resource education, research or enhancement programs. 2. Benefit and Burden. This Offer shall run with and burden the Property, and all obligations, terms, conditions, and restrictions hereby imposed shall be deemed to be covenants and restrictions running with the land and shall be effective limitations -2- .. J903 on the use of the Property from the date of recordation of this document and shall bind the Grantor and all successors and assigns for a period of twenty-one (21) years. 3. Construction of Validity. If any provision of this instrument is held to be invalid or for any reason becomes unenforceable, no other provision shall be thereby affected or impaired. 4. Taxes and Assessments. Grantor agrees to pay or cause to be paid all real property taxes and assessments levied or assessed against the Wetland until accepted. 5. Successors and Assigns. The terms, covenants, conditions, exceptions, obligations, and reservations contained in this Offer shall be binding upon and inure to the benefit of the successors and assigns of both the Grantor and the Grantee, whether voluntary or involuntary. 6. - Term. This Offer shall be binding upon the owner and the heirs, assigns, or successors in interest to the Property described above for a period of twenty-one (21) years. Upon recordation of an acceptance of this Offer by the Grantee substantially in the form attached hereto as Exhibit C, fee title to the Wetland shall pass to the Grantee. -3- ._ .. ,. .. Executed on this day of at San Diego, California. GRANTOR: ODMARK & THELAN AND THE DAVIDSON COMPANIES PARTNERSHIP, a California general partnership, General Partner By: Odmark & Thelan/Batiquitos Ltd., a California limited partnership, General Partner By: ODMARK & THELAN, a California general partnership, General Partner By: THE ODMARK DEVELOPMENT COMPANY, a California General Partner By : 2/3L Ted P. Odmark, President By: ONTARIOVILLE HOLDING COMPANY, General Partner a California corporation, By: John D. Thelan, President By: DAVIDSON COSCAN PARTNERS, a California general partnership By: THE DAVIDSON COMPANY, General Partner a California corporation, By : Y William A. Davidson, President -4- STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ) ss: personally appeared TED P. ODMARK, known before me, the undersigned, a Notary Public of The Odmark Development Company, the corporation that executed the within instrument and known to me to be the person who executed the within instrument on behalf of general partner of Odmark & Thelan, the general partnership that said corporation, said corporation being known to me to be the is known to me to be the general partner of Odmark & Thelan/Batiquitos Ltd., the limited partnership known to me to be the general partner of Odmark & Thelan and The Davidson Companies Partnership, the general partnership that executed the within instrument and acknowledged to me that said last named partnership executed the same. WITNESS my hand and official seal. Notary Public STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO 1 ) ss: On /Fq/ , before me, the undersigned, a Notary Public in d for said state, personally appeared JOHN D. THELAN, known to me to be the President of Ontaribcille Holding Company, the corporation that executed the within instrument and known to me to be the person who executed the within instrument on behalf of general partner of Odmark & Thelan, the general partnership that said corporation, said corporation being known to me to be the TheladBatiquitos Ltd., the limited partnership known to me to be is known to me to be the general partner of Odmark & the general partner of Odmark & Thelan and The Davidson Companies Partnership, the general partnership that executed the within partnership executed the same. instrument and acknowledged to me that said last named WITNESS my hand and official seal. A (JlLL3.L Notary Public -5- STATE OF CALIFORNIA COUNTY OF SAN DIEGO ) ) ss: 1906 On JUlq 5, )qq\ , before me, the undersigned, a Notary Public in and for sai’d state, personally appeared WILLIAM A. DAVIDSON, known to me to be the President of The Davidson Company, the corporation that executed the within instrument and known to me to be the person who executed the within instrument on behalf of general partner of Davidson Coscan Partners, the general said corporation, said corporation being known to me to be the partnership that is known to me to be the general partner of Odmark & Thelan and The Davidson Companies Partnership, the general partnership that executed the within instrument, and acknowledged to me that said last named partnership executed the same. WITNESS my hand and official seal. -6- ORDER NO. 986020-12 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: PARCEL A: THAT PORTION OF LOTS 11 AND 12 IN SECTION 33, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF DESCRIBED AS FOLLOWS: NORTHEAST QUARTER OF SAID SECTION 33; THENCE ALONG THE WEST LINE OF COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE SAID QUARTER-QUARTER SECTION SOUTH 0'45'06" EAST, 787.64 FEET (RECORD OF SURVEY NO. 6296 E SOUTH 1.20'42" EAST, 788.13 FEET) TO THE THENCE LEAVING SAID WEST LINE ALONG THE NORTHEASTERLY BOUNDARY OF NORTHWEST CORNER OF SAID LOT 11 AND THE TRUE POINT OF BEGINNING; SOUTH 32'11'15" EAST, 235.26 FEET TO THE NORTHEASTERLY CORNER OF (RECORD OF SURVEY NO. 6296 = SOUTH 69'48'44" EAST, 228.23 FEET) AND AS FILE NO. 78-292074 OF OFFICIAL RECORDS; THENCE LEAVING THE DESCRIBED IN DEED TO THE STATE OF CALIFORNIA RECORDED JULY 131 1978 NORTH 89'10'56" WEST (DEED = NORTH 89'12'13" WEST) 119.72 k%m; BOUNDARY OF SAID LOT 11 ALONG THE NORTHERLY LINE OF SAID STATE LAND THE BEGINNING OF A TANGENT 450.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 45'51'57", A DISTANCE OF 360.23 FEET TO A POINT OF COMPOUND CURVATURE WITH AN 800.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 6'36'38" EAST; THENCE NORTHWESTERLY, WESTERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID 800.00 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 27'21'03", A DISTANCE OF 381.89 FEET TO A POINT COMMON TO THE NORTHEASTERLY LINE OF MISCELLANEOUS SURVEY NO. 637 (INTERSTATE - 5) AND THE NORTHWESTERLY BOUNDARY OF SAID LOT 12, A RADIAL LINE TO SAID POINT ALONG THE BOUNDARY OF SAID LOT 12, THE FOLLOWING COURSES NORTH BEARS NORTH 20'44'25'' WEST; THENCE LEAVING THE ARC OF SAID CURVE 33'07'12" EAST, 234.45 FEET AND SOUTH 69.05'16" EAST, 454.48 FEET To THE POINT OF BEGINNING. SAID LOT 11, THE FOLLOWING COURSES SOUTH 69'05'16" EAST, 228.10 FEET THENCE LEAVING SAID STATE LAND NORTH 37'31'25" WEST, 149.14 FEET TO ORDER NO. 986020-12 PARCEL B: LOT 1 IN SECTION 33, TOWNSHIP 12 SOUTH, RANGE 4.WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PUT THEREOF. ALSO THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 28, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF DESCRIBED AS FOLLOWS : BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 28; THENCE ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER NORTH 0'12'25" WEST, 746.00 FEET; THENCE SOUTH 89.47'35" WEST, 334.09 FEET; THENCE NORTH 43'15'25" WEST, 205.17 FEET; THENCE SOUTH 89'47'35" WEST, 475.16 FEET, MORE OR LESS, TO THE EASTERLY LINE OF THAT LAND DESCRIBED IN DEED TO A.H. VAIL, RECORDED JANUARY 31, 1890 IN BOOK 157, PAGE 493 OF DEEDS; THENCE ALONG THE EASTERLY LINE OF SAID VAIL'S LAND SOUTH 23'47'15" EAST (RECORD XAGNETIC BEARING SOUTH 38'20' EAST) 140.86 FEET TO AN ANGLE POINT; THENCE ALONG SAID EASTERLY LINE SOUTH 17'22'15" EAST, 477.94 FEET (RECORD SOUTH 31.55'00" EAST, 483.89 FEET) AND THENCE SOUTH 18'25'45" WEST, 322.56 FEET (RECORD SOUTH 03 '46 ' 00" WEST, 326.50 FEET) TO THE SOUTHERLY LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER; THENCE ALONG SAID SOUTHERLY LINE SOUTH 89'54'14" EAST, 855.00 FEET MORE OR LESS, TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THOSE PORTIONS DESIGNATED BY THE CALIFORNIA STATE HIGHWAY DEPARTMENT FOR FREEWAY AND SERVICE-ROAD PURWSES, LEGALLY DESCRIBED BELOW AS PARCEL 1 AND PARCEL 2A, RESPECPIVELY, AND THAT PORTION OF SAID LOT 1 THAT LIES WESTERLY OF SAID PARCEL 1. PARCEL 1: ALONG THE NORTH LINE OF SAID SECTION 33, SOUTH 89'11'06" EAST, 263.68 BEGINNING AT THE NORTH QUARTER CORNER OF SAID SECTION 33; THENCE COORDINATES Y=339,009.75 AND X=1,677,698.92 FEET; THENCE ALONG SAID FEET TO A LINE BEARING NORTH 32-4 6'4 1" WEST, FROM A POINT BEING AT LINE SOUTH 32'46'41" EAST, 561.91 FEET TO LAST SAID POINT; THENCE SOUTH 36'16'49" EAST, 353.55 FEET; THENCE SOUTH 25'27'58" EAST, 88-05 FEET TO THE SOUTHEASTERLY LINE OF SAID LOT 1; THENCE ALONG LAST SAID 33'09'27" WEST, 817.12 FEET TO A LINE BEARING SOUTH 31'00'45" EAST LOT LINE AND ALSO THE SOUTHEASTERLY LINE OF SAID LOT 4, SOUTH ORDER NO. 986020-12 FROU A POINT BEING AT COORDINATES Y=338,287.45 FEET AND WEST, 381.54 FEET TO LAST SAID POINT; THENCE NORTH 18'04'10" WEST, X=1,677,302.83 FEET: THENCE ALONG LAST SAID LINE NORTH 31'00'45" 457.06 FEET; THENCE NORTH 25'07'1lU WEST, 43.40 FEET TO THE WESTERLY LINE OF SAID LOT 1; THENCE ALONG SAID LOT LINE NORTH 0.54'54" WEST, 724.72 FEET TO THE POINT OF BEGIHNING. PARCEL 2A: A STRIP OF LAND 60 FEET WIDE, THE CENTER LINE OF SAID 60 FOOT STRIP BEING DESCRIBED AS FOLLOWS: BEGINNING IN THE WEST LINE OF THE EAST HALF OF SECTION 28, TOWNSHIP OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OFFICIAL PLAT THEREOF DISTANT NORTHERLY ALONG SAID WEST LINE 1926.32 SOUTHEAST QUARTER OF SAID SECTION 28, SAID POINT OF BEGINNING BEING FEET FROM THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE AT COORDINATES Y=342,771.44 FEET AND X=1,677,158.09 FEET; THENCE ALONG SAID EAST LINE SOUTH 0'28'30" WEST, 743.06 FEET; THENCE ALONG A TANGENT CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 10,000 FEET TANGENT TO LAST SAID CURVE SOUTH 20.56'57" EAST, 3088.43 FEET TO A POINT DISTANT 30.00 FEET AT RIGHT ANGLES FROM THE SOUTH LINE OF LOT 1 OF SECTION 33 OF SAID TOWNSHIP 12 SOUTH, RANGE 4 WEST; THENCE PARALLEL TO SAID LDT LINE NORTH 69'05'40" WEST, 100.00 FEET TO A ' POINT, LAST SAID POINT BEING DISTANT FOR REFERENCE SOUTH 80'08'25' EAST, 156.58 FEET FROM AN ANGLE POINT IN THE SOUTHERLY LINE OF SAID COURSE SHOWN AS "NORTH 69.58'02'' WEST, 454.38 FEET" ON RECORD OF U)T 1, LAST SAID ANGLE POINT BEING THE WESTERLY TERMINUS OF THAT RECORDER OF SAN DIEGO COUNTY. PARCEL C: THROUGH AN ANGLE OF 21*25'27'', A DISTANCE OF 373.92 FEET; THENCE SURVEY MAP NO. 1676, FILED NOVEMBER 26, 1947 IN THE OFFICE OF THE ALL THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER IN SECTION 28, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO mR1D1-1 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PUT THEREOF, LYING NORTHERLY AND NORTHEASTERLY OF THE FOLLOWING DESCRIBED LINE: THE SOUTHEAST QUARTER OF SECTION 28: THENCE ALONG THE EAST LINE OF BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID SOUTHWEST QUARTER OF 746.00 FEET TO THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED LINE; THENCE SOUTH 89.47'35'' WEST, 334.09 FEET; THENCE NORTH 43.15'25" WEST, 205.17 FEET; THENCE SOUTH 89'47'35' WEST, (75.16 FEET, MORE OR LESS, TO THE EASTERLY LINE OF THAT LAND DESCRIBED IN SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER, NORTH 0'12'25" WEST, .- ORDER NO. 986020-12 DEEDS; THENCE ALONG THE EASTERLY LINE OF SAID VAIL'S LAND, NORTH DEED TO A.H. VAIL, RECORDED JANUARY 31, 1890 IN BOOK 157, PAGE 493 OF FEET TO THE NORTHERLY LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 28. EXCEPTING THEREFROM THAT PORTION OF SAID LAND LYING WITHIN A STRIP OF LAND 60.00 FEET WIDE, THE CENTERLINE OF SAID 60 FOOT STRIP IN THE AFORESAID LANDS IS PARTICULARLY DESCRIBED AS FOLLOWS: 23.47'15" WEST, (RECORD UAGNETIC BEARING NORTH 38.20' WEST), 456.25 BEGINNING AT THE WEST LINE OF THE EAST HALF OF SECTION 28, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF DISTANT NORTHERLY ALONG SAID WEST LINE THE SOUTHEAST QUARTER OF SAID SECTION 28, SAID POINT OF BEGINNING 1926.32 FEET FROM THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF BEING AT COORDINATES X=1,677,158.09 FEET AND Y=342,771.44 FEET; THENCE ALONG SAID EAST LINE SOUTH 00'28'30" WEST, 743.06 FEET; THENCE AI..ONG A TANGENT CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 1,000 TANGENT TO LAST SAID CURVE SOUTH 20'56'57" EAST, 3088.43 FEET TO A POINT, DISTANT 30.00 FEET AT RIGHT ANGLES FROM THE SOUTH LINE OF PARALLEL TO SAID LOT LINE NORTH 69'05'40" WEST, 100.00 FEE" TO A POINT, LAST SAID POINT BEING DISTANT FOR REFERENCE SOUTH 8'08'25" EAST, 156.58 FEET FROM AN ANGLE WIN" IN THE SOUTHERLY LINE OF SAID SHOWN AS "NORTH 69'58'02" WEST, 454.38 FEET" ON RECORD OF SURVEY IAX' 1 LAST SAID ANGLE POINT BEING WESTERLY TERMINUS OF THAT COURSE SAN DIEGO COUNTY AS GRANTED TO THE STATE OF CALIFORNIA BY DEED FEET THROUGH AN ANGLE OF 21*25'27m, A DISTANCE OF 373.92 FEET; THENCE 1 OF SECTION 33 OF SAID TOWNSHIP 12 SOUTH, RANGE 4 WEST; THENCE NO. 1676, FILED NOVEMBER 26, 1947 IN THE OFFICE OF THE RECORDER OF RECORDED AUGUST 8, 1961 AS FILE NO. 136233 OF OFFICIAL RECORDS. LOT 80 PORTIONS OF LOTS 1 AND 12 IN SECTION 33, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF. SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF MAP 7996 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED AUGUST 5, 1974 IN THE OFFICE OF SAID COUNTY RECORDER, SAID POINT ALSO BEING THE NORTHERLY TERMINUS OF THAT CERTAIN COURSE DESCRIBED AS "NORTH 32' 45' 27" WEST, 561.78 FEET" ON RECORD OF SURVEY 12541, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED FEBRUARY 15, 1990, IN THE OFFICE OF SAID COUNTY RECORDER; THENCE SOUTHERLY ALONG SAID LINE, SOUTH 32' 45' 27" EAST (SOUTH 32' 46' 41" EAST PER M.S. 637 ON FILE IN THE COUNTY OF SAN DIEGO), 484.78 FEET TO THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL ; THENCE LEAVING SAID LINE NORTH 33' 26' 33" EAST, 77.66 FEET TO THE BEGINNING OF A TANGENT 150.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 17O 00' 14", AN ARC DISTANCE OF 44.52 FEET; .r, THENCE LEAVING SAID CURVE TANGENTIALLY , NORTH 5.0 ' 26 ' 47 " EAST, J2 33.40 FEET TO THE BEGINNING OF A TANGENT 70.00 FOOT RADIUS C,URVE, CONCAVE SOUTHERLY; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 83' 34' OO", AN ARC DISTANCE OF 102.10 FEET; THENCE LEAVING SAID CURVE TANGENTIALLYl SOUTH 45' 59' 13" EAST, 23.48 FEET TO THE BEGINNING OF A TANGENT 60.00 FOOT RADIUS CURVE, CONCAVE WESTERLY; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 63' 01' 31", AN ARC DISTANCE OF 66.00 FEET TO A POINT OF REVERSE CURVATURE WITH A 50.00 FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAG ANGLE OF 92' 49' Og", AN ARC DISTANCE OF 81.00 FEET; THENCE LEAVING SAID CURVE TANGENTIALLYl SOUTH 75' 46' 51" EAST, 13.96 FEET TO THE BEGINNING OF A TANGENT 30.00 FOOT RADIUS CURVE, CONCAVE WESTERLY; THENCE SOUTHERLY ALONG SAID CURVE, THROUGH A CENTRAt ANGLE OF 98' 37' OO", AN ARC DISTANCE OF 51.64 FEET; THENCE LEAVING SAID CURVE TANGENTIALLY SOUTH 22' 50' 09" WEST, 26.49 FEET TO THE BEGINNING OF A TANGENT 80.00 FOOT RADIUS C,URVE, CONCAVE EASTERLY; THENCE SOUTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 71' 15' 42" , AN ARC DISTANCE OF 99.50 FEET TO A POINT OF REVERSE CURVATURE WITH A 100.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE SOUTHERLY ALONG SAID CURVE, THROUGH A CENTRAZ, ANGLE OF 31' 30' 46", AN ARC DISTANCE OF 55.00 FEET TO A POINT OF REVERSE CURVATURE WITH AN 80.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 90' 57' 25", AN ARC DISTANCE OF 127.00 FEET; THENCE LEAVING SAID CURVE TANGENTIALLY , NORTH 72' 07' 48" EAST 26.12 FEET TO THE BEGINNING OF A TANGENT 90.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE EASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 35' 34' 44" , AN ARC DISTANCE OF 55.89 FEET; THENCE LEAVING SAID CURVE TANGENTIALLY, SOUTH 72' 17' 28" EAST, 49.84 FEET, MORE OR LESS, TO THE SOUTHERLY RIGHT-OF-WAY LINE OF BATIQUITOS DRIVE, THE CENTERLINE OF WHICH IS DESCRIBED AS THE CENTERLINE OF PARCEL 2A IN A FINAL ORDER OF CONDEMNATION RECORDED AS FILE/PAGE 89573, ON MAY 22, 1963; ' ., r .. "Q THENCE SOUTHEASTERLY ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, SOUTH 69" 15' 12" EAST (SOUTH 69" 05' 40" EAST PER M.S. 637), 70.48 FEET TO THE BEGINNING OF A TANGENT 70.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 21" 04' 39", AN ARC DISTANCE OF 25.75 FEET; THENCE LEAVING SAID CURVE TANGENTIALLY, SOUTH 48" 10' 33" EAST, 25.51 FEET TO THE BEGINNING OF A TANGENT 70.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 20" 53' 43", AN ARC DISTANCE OF 25.53 FEET; THENCE LEAVING SAID CURVE TANGENTIALLY, SOUTH 69' 04' 16" EAST, 31.27 FEET TO THE BEGINNING OF A TANGENT 70.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY: THENCE SOUTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 22" 24' 31", AN ARC DISTANCE OF 27.38 FEET; THENCE LEAVING SAID CURVE TANGENTIALLY, SOUTH 46" 39' 45" EAST, 20.06 FEET TO THE BEGINNING OF A TANGENT 70.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; ,.- -r, THENCE SOUTHEASTERLY ALONG SAID CURVE, THROUGH A.CENTRAL ANGLE OF .'a 21' 42' 36", AN ARC DISTANCE OF 26.52 FEET, MORE OR LESS,, TO A POINT ON A TANGENT 450.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY, SAID CURVE BEING A PORTION OF THE SOUTHERLY LINE OF SAID RECORD OF, SURVEY 12541; THENCE WESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 15' 02' 20" , AN ARC DISTANCE OF 118.12 FEET TO A POINT OF COMPOUND CURVATURE WITH AN 800.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY , A RADIAL TO SAID POINT BEARS NORTH 6' 35' 19" EAST (NORTH 6' 36' 38" EAST PER DEED RECORDED APRIL 29, 1986 AS FILE NO. 86-166934); THENCE WESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 27' 22' 06", AN ARC DISTANCE OF 382.13 FEET (A CENTRAt ANGLE OF 27' 21' 03" AN ARC DISTANCE OF 381.89 FEET PER DEED RECORDED APRIL 29, 1986 AS FILE NO. 86-166934) TO A POINT COMMON TO THE NORTHEASTERLY LINE OF SAID M.S. 637 (INTERSTATE 5) AND THE NORTHWESTERLY BOUNDARY OF SAID LOT 12, A RADIAL TO SAID POINT BEARS NORTH 20' 46' 47" WEST (NORTH 20' 44' 25" WEST PER DEED RECORDED APRIL 29, 1986 AS FILE NO. 86-166934); THENCE LEAVING SAID CURVE, ALONG THE EASTERLY LINE OF SAID M.S. 637 NORTH 25' 34' 49" WEST, 88.82 FEET (NORTH 25' 27' 58" WEST 88.85 FEET PER M.S. 637); THENCE NORTH 36' 15' 35" WEST, 353.55 FEET (NORTH 36' 16' 49" WEST 353.55 FEET PER SAID M.S. 637); THENCE NORTH 32' 45' 27" WEST (NORTH 32' 46' 41' WEST PER M.S. 637), 77.00 FEET MORE OR LESSl TO THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. AREA = 125,162.55 S.F. (2.873 AC) L ._ .' ' ," . !. t