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HomeMy WebLinkAboutMS 674; Palomar Venture LP; 89-594905; Petition & WaiverTO: CITY OF CARLSBAD sstrov -1 -8? 55 210-170-04 (MS 674) c'J'iyT .> ;:;l,itROER (hereinafter referred to as "City") - ,$ i "LEA I VtF. II . I.." PETITION AND WAIVER MG AS FOLLOWS: THE UNDERSIGNED PROPERTY OWNER DOES HEREBY REPRESENT AND CERTIFY 1. That it is the property owner of that property as shown on the map attached hereto, which property is proposed to be included within the boundaries of a special assessment district known as the PALOMAR AIRPORT ROAD ASSESSMENT DISTRICT. 2. The undersigned property owner does formally request the initiation and consent to the proceedings for said Assessment District under the provisions of the Wunicipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the State of California. 3. The proceedings for said Assessment District shall include the construction of certain street improvements in PALOMAR AIRPORT ROAD, together with certain bridge widening improvements and ramp facilities at the intersection of INTERSTATE 5 and PALOMAR AIRPORT ROAD. 4. The undersigned does expressly waive the proceedings and all limitations under the "Special Assessment Investigation, 4 of the Streets and Highways Code of the State of California. Limitation and Majority Protest Act of 193118, being Division 5. The undersigned does expressly waive the right to protest or object to the formation of the Assessment District, and further acknowledges that his property does receive a benefit from the above listed public improvements. 6. The property as owned by the undersigned, is hereby described fully in the referenced, attached and incorporated Exhibits IIAU & llgll. 7. This Petition and Waiver is binding upon heirs, successors and assignees of interest of the undersigned property owner. PALOMAR VENTURE, a limited partnership NEWWRTNATIONALCORWRATION, a California Corporation/Gener$l Partner by : F.M. Brusseau, President MK: 200. doc TO I... CA I..,., (cnpontion u a Rrtner of a Rrtmrabip) STATE OF CALIFORNIA 2074 COU~OF San Q&)Q On 1 I4 84 - sad State, pcrsonally akared , before me, the undersigned, a 6fl. RrMsse*w, I Y E Y I Ah CiJnoS. rSlO , , the within instrumeht and men1 on behalf of Said corporation, said c rporation being known to me lo be the persons who executed the within iWtN- 2 known tq me tp be one of the partners of&QCS- i \l#?Q-fi@+~-, the partnership that executed the wlthln mstrument, and acknowledged to me that such corDoration executed the same as such nartner and Notary Public in and for -, known to me to be the \ -. 5. EXHIBIT "B" THE LAND REFERRED TO HEREIh IS SITUATED IN THE STATE OF CALIFORNIA* COUNTY OF SAN DI€GD* AND IS DESCRIBED AS FOLLCWS: PARCEL 1: ALL THAT PORTION OF LOT "H" OF RANCHO AGUP HEOIOND4r ACCORDING TO YAP THEREOF NO. 323 FILED IN THE OFFICE CF CCUKTY RECCROER IN THE CITY OF CARLSSADt IN THE COUNTY OF SAN DIEGO. STATE OF CALIFORNIA. OF SAN DIEGO COUNTY. NOVEKbEH 16. 1896. DESCRI@ED AS FOLLOdS: BEGINNING AT A POINT OF1 THE WESTERLY LINE OF PARCEL 2 OF CEEO TO THE STATE OF CALIFORKIA. RECORDED JUNE 16. 1965. RECORDER'S FILE NO- 106756 OF OFFICIAL RECORDS. SAID POINT HAVI~G COORDINATES Y EOUALS 352.0e2.18 FEET AND X EQUALS 1.~670~550.47 FEET AN0 SA10 POINT ALSO BEING AT THE NORTHEHLY TEH%lNUS DF A COURSE DESIGNATED AS NORTH 26' 10.03" kEST. 1450.00 FEET; THENCE SOUTH 26'10'00" EAST ALONG SAIC WESTERLY LINE OF SAID DEED 1~342.00. FEET; THEKCE LEAVING SAID WESTERLY LI&E SOUTHEASTERLY AND SOUTHWESTERLY ON THE ARC OF A TANGEhT 335.00 FOOT RADIUS CURVE. CONCAVE NORTHWESTERLY THROUGH A CENTRAL AF;SLE OF 48'30'00'' Ah ARC DISTANCE OF 283.57 FEET; THENCE SDUTH 22'20'00'' SEST 143.22 FEET TO THE SEGIkNING OF A TANGENT 265.00 FJOT RADIUS CUFVEs CONCAVE SOUTHMESTWLY; THENCE SOUTHWESTERLY ALONG SAID CURVE THRCJUGH A CENTRAL ANGLE QF 37 37'14" AN ARC DISTANCE OF 174000 FEET; THENCE SOUTH 15'17'14" EAST 33-93 FEET; THENCE THENCF SOUTH 67.29'31" WEST 420.48 FEET TO THE EASTERLY LINE OF THE 100.00 SOUTH 6729'31" WEST 70.56 FEET; THENCE SOUTH 15' 17.14" EAST 165.26 FEET; FOOT RIGHT OF WAY OF TrlE ATCHISON9 TOPEKA AhiD SANTA FE RAILWAY COHPAYYI AS DESCKI8ED IN DEED TO THE CALIFORNIA SOUTHERh RAILROAD. FILED MARCH 10. 1881 IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY. IN BOOK 38. PAGE 171 OF DEEDS AN0 THE TkUE POINT OF BEGINNING; THEkCE RETRACING NORTH 67'29.31" EAST 420.48 FEET TO A POIKT ON THE WESTERLY LINE OF THE LAND DESCRIaED Ih' THE DEED TO THE CITY OF CARLSL3AD. RECORDED FEBRUARY 3. 1969 RECORDER'S FILE NO- 8939; THENCE ALONG THE WESTERLY BOUNDARY OF SAID CITY OF CARLSSAD LAND. SOUTH 15'17*14" EAST 291.73 FEET TO THE EEGINRING OF A TANGEhT 51-41 FOOT RADIUS CUKVEI CONCAVE WESTERLYT SOUTHERLY ALONG SAID CURVE 13.25 FEET THROULH AN AN6LE OF 14'45'48''. TANGENT TC SAID CURVE RADIUS CURVE. CONCAVE YESTERLY. SOUTHERLY ALONG SAID CURVE 87-22 FEET SOUTH 0'31.26'' EAST 92-65 FEET TO THE BEGINNING OF A TANGENT 403000 FOOT THROUGH AN ANGLE OF 12-24.. TANGENT TO SAID CURVE SOUTH 11'52'34" WEST CONCAVE NORTHhESTERLY AND SOUTHWESTERLY ALOK SAID CURVE 32-98 FEET 121.95 FEET TO THE BEGINNING OF A TANGEKT 2O.DO FOOT RADIUS CURVE. THROUGH AN ANGLE OF 94'28'22" TO A POINT ON THE NORTHERLY LINE OF PARCEL 2 OF THE LAN0 DESCRIBE0 IN THE DEED TO THE STATE OF CALIFCXNIlr RECOROED JUNE 16. 1965. RECORDER'S FILE NO. 108756 OF OFFICIAL RECORDS: THENCE ALONG SAID RDRTHERLY LINE. NORTH 73-39.04" WEST 83.71 FEET TO FOUND STATE NORTHERLY LINE NORTH 65'49'21" WEST 206.46 FEET TO THE POINT OF DIVISION OF HIGHWAYS 1 INCH IRON PIPE; THENCE CONTIWING ALONG SAID INTERSECTION OF THE EASTERLY LINE QF THE l00.00 FMT RIGHT OF WAY OF THE ATCHISON. TOPEKA AND SANTA FE RAILROAD COMPANY. AS DESCRIBED IN DEED TO THE CALIFORNIA SOUTHERN RAILROAD. FILED MARCH 101 18B1+ IN BOOK 389 PAGE 171 OF DEEDS; THENCE NORTHERLY ALONG SAID EASTERLY LINE TO THE TRUE POINT page 1 of 2