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
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