HomeMy WebLinkAboutCT 84-20; Calavera Hills Co Cedric Sanders; 88-348706; Public Facilities Fee Agreement/Release0897 8fi 348706
|: 15
Recording Requested By j" . .. Hv.• ;;H|^
and Return To: ! ,~" .?<•;'< i'r
CITY OF CARLSBAD
00 Elm Avenue ;Q« uu 19
Ca^sbad, CA 92008 "** ^
RELEASE OF AGREEMENT
TO PAY PUBLIC FACILITIES FEES
PLEASE TAKE NOTICE that the Agreement For Payment Of Public Facilities
Fees between the City of Carlsbad and Calavera Hills Co. (Cedric E. Sanders)
(84-57) RF6.00
AR2.00
required by an Application for CT 84-20 MG1.00
6/11/84 , as Document No. 84-217348
and recorded on
is hereby
released for the following reason:
| | Fees Paid and Obligation Satisfied
|~| Application Withdrawn
KXXj other Application Denied
DATED: June 30, 1988
CITY OF CARLSBAD
Community Development Director
ATTEST:
ALETHA L. RAUTENKRANZ
City Clerk
APPROVED AS TO FORM:
VINCENT F. BIONDO, JR.
City Attorney
By RONAI D R. BALL
0898
STATE OF CALIFORNIA )
) ss .
COUNTY OF SAN DIEGO )
On July 7, 1988 , before me the undersigned, a
Notary Public in and for said State, personally appeared Aletha L.
Rautenkranz , known to me to be the City Clerk
of the City of Carlsbad,a Municipal Corporation of the State of California,
known to me to be the person who executed the within instrument on behalf
of said Municipal Corporation, and acknowledged to me that such City of
Carlsbad, California, executed the same.
WITNESS my hand the official seal.
Ndtary Public)*****«•********», JL.7 J -^ —/
OFFICIAL SEAL *
KAREN " -- *
RECORDING REQUESTED BY
WHEN -RECORDED MAIL TO:
CITY OF CARLSBAD
1200 Elm Avenue
Carlsbad, California 92008
23
y!.uH
Space above this 1 Me - for Recorder's usej^Qpg£
Documentary transfer tax: $ No fee
Signature of declarant determining
tax-firm name
CityofCarlsbad , /y /
Parcel No.168-040-14, 16,/17, 18, 21, 22^.23; j
167-010^37, 3SY 40^ 43* 49* 52? 208-10-05
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this 7th day of May , 19 84
by and between CEDRIC E. SANDERS dba CALAVERA HILLS COMPANY
(n ame of developer-owner)
a SOLE OWNER , hereinafter referred to as
(Co rporation, partnership, etc.)
"Developer" whose address is 110 West "C1' Street, Suite 1220
(street)
San Diego, California 92101 and THE CITY OF
(City,state,zipcode)
CARLSBAD, a municipal corporation of the State of California,
hereinafter referred to as "City", whose address is 1
Carlsbad, California, 92008.
WITNESSETH:
WHEREAS, Developer is the owner of the real property described
on Exhibit "A:, attached hereto and made a part of this agreement,
hereinafter referred to as "Property"; and
WHEREAS, The Property lies within the boundaries of City; and
WHEREAS, Developer proposes a development project as follows:
residential
REV 4-2-82 C
24
on s ai
i ' ^ISSKS' ^ 1_ ~e^^^ .id Property, which Tievelopraent carries the proposed name of
f&TAVRRA HTT.T.S
and is hereafter referred to as "Development"; and
WHEREAS, Developer filed on the 7th day of May
19 84 , with the City a request for Tentative Tract Map
hereinafter referred to as "Request"; and
WHEREAS, the Public Facilities Element of the City General Plan
requires that the City Council find that all public facilities
necessary to serve a development will be available concurrent with
need or such development shall not be approved (said element is on
file with the City Clerk and is incorporated by this reference); and
WHEREAS, Developer and City recognize the correctness of Council
Policy No. 17, dated April 2, 1982, in file with the City Clerk and
incorporated by this reference, and that the City's public facilities
and services are at capacity and will not be available to accommodate
the additional need for public facilities and services resulting from
the proposed Development; and
WHEREAS, Developer has asked the City to find that public
facilities and services will be available to meet the future needs of
the Development as it is presently proposed; but the Developer is
aware that the City cannot and will not be able to make any such
finding without financial assistance to pay for such services and
facilities; and therefore, Developer proposes to help satisfy the
General Plan as implemented by Council Policy No. 17 by payment of a
public facilities fee.
-2-
REV 4-2-82
..„„- 25
'NOW, THEREFORE, "W consideration of the ree*X:als and the
covenants contained herein, the parties agree as follows:
1. The Developer shall pay to the City a public facilities fee
in an amount not to exceed 2% of the building permit valuation of the
building or structures to be constructed in the Development pursuant
to the Request. The fee shall be paid prior to the issuance of
building or other construction permits for the development and shall
be based on the valuation at that time. This fee shall be in
addition to any fees, dedications or improvements required pursuant
to Titles 18, 20 or 21 of the Carlsbad Municipal Code. Developer
shall pay a fee for conversion o f existing building or structures
into condominiums in an amount not to exceed 2% of the building
permit valuation at the time of conversion. The fee for a
condominium conversion shall be paid prior to the issuance of a
condominium conversion permit as provided in Chapter 21.47 of the
Carlsbad Municipal Code. Condominium shall include community
apartment or stock cooperative. The terms "other construction
permits", "other construction permit" and "entitlement for use" as
used in this agreement, except in reference to mobilehome sites or
projects, shall not refer to grading permits or other permits for the
construction of underground or street improvements unless no other
permit is necessary prior to the use or occupancy for which the
development is intended. Developer shall pay to City a public
facilities fee in the sum of $1,150 for each mobilehome space to be
constructed pursuant to the Request. The fee shall be paid prior to
the issuance of building or other construction permits for the
development. This fee shall be in addition to any fees, dedications
or improvements required according to Titles 18, 20 or 21 of the
Carlsbad Municipal Code.
-3-
REV 4-2-82
26
^!- ^
' i
... SH-"
2. The Developer may offer to donate a site or sites for public
facilities in lieu of all or part of the financial obligation agreed
upon in Paragraph 1 above. If Developer offers to donate a site or
sites for public facilities, the City shall consider, but is not
obligated to accept the offer. The time for donation and amount of
credit against the fee shall be determined by City prior to the
issuance of any building or other permits. Such determination, when
made, shall become a part of this agreement. Sites donated under
this paragraph shall not include improvements required pursuant to
Titles 18 or 20 of the Carlsbad Municipal Code.
3. This agreement and the fee paid pursuant hereto are required
to ensure the consistency of the Development with the City's General
Plan. If the fee is not paid as provided herein, the City will not
have the funds to provide public facilities and services, and the
development will not be consistent with the General Plan and any
approval or permit for the Development shall be void. No building or
other construction permit or entitlement for use shall be issued
until the public facilities fee required by this agreement is paid.
4. City agrees to deposit the fees paid pursuant to this
agreement in a public facilities fund for the financing of public
facilities when the City Council determines the need exists to
provide the facilities and sufficient funds from the payment of this
and similar public facilities fees are available.
5. City agrees to provide upon request reasonable assurances to
enable Developer to comply with any requirements of other public
agencies as evidence of adequate public facilities and services
sufficient to accommodate the needs of the Development herein
described.
-4-
REV £ ''-82
27• *
6 .' 'All obligation&"»*nereunder shall terminate. •». n the event the
Requests made by Developer are not approved.
7. Any notice from one party to the other shall be in writing,
and shall be dated and signed by the party giving such notice or by a
duly authorized representative of such party. Any such notice shall
not be effective for any purpose whatsoever unless served in one of
the following manners:
v7.1 If notice is given to the City of personal delivery
thereof to the City or by depositing same in the United States Mail,
addressed to the City at the address set forth herein, enclosed in a
sealed envelope, addressed to the City for attention of the City
Manager, postage prepaid and certified.
7.2 If notice is given to Developer by personal delivery
thereof to Developer or by depositing the same in the United States
Mail, enclosed in a sealed envelope, addressed to Developer at the
address as may have been designated, postage prepaid and certified.
8. This agreement shall be binding upon and shall inure to the
benefit of, and shall apply to, the respective successors and assigns
of Developer and the City, and references to Developer or City herein
shall be deemed to be reference to and include their respective
successors and assigns without specific mention of such successors
and assigns. If Developer should cease to have any interest in the
Property, all obligations of Developer hereunder shall terminate;
provided, however, that any successor of Developer's interest in the
property shall have first assumed in writing the Developer's
obligations hereunder.
9. This agreement shall be recorded but shall not create a lien
or security interest in the Property. When the obligations of this
agreement have been satisfied, City shall record a release.
-5-
REV 4-2-82
28
IN WITNESS WHEREOF, this agreement is executed in San Diego
County, California as of the date first written above.
DEVELOPER-OWNER:
BY
Cedric E. Sanders
Owner
(Title)
BY
CITY OF CARLSBAD, a municipal
corporation of the
State of California
City Manager
(Title)
ATTEST:
ALETHA L. RAUTENKRANZ, City fllerk
APPROVED AS TO FORM:
- VINCENT F. BIONDO, JR.,
City At torney
(Notarial acknowledgement of execution by DEVELOPER-OWNER must be
at tached.)
-6-
REV 4-2-82
Io
o>
STATE OF CALIFORNIA
COUNTY OF San Diego )ss.
on May 8. 1984
said State, personally appeared.
.before me, the undersigned, a Notary Public in and for
Cedric E. Sanders
<
CM
00
OoCO
personally known to me (or proved to me on the basis of satis-
factory evidence) to be the person(JQ whose name(55 is/XXsub-
scribed to the within instrument and acknowledged to me that
he/sJ!9Z8l9Sf executed the same.
WITNESS my hand and official seal.
Signature_
OFFICIAL SEAL
SHARON WESTERN
NOTARY PUBLIC - CALIFORNIA
SAN DIEGO COUNTYMy comm. expires /AN 31, 1987
(This area for official notarial seal)
EXHIBIT "A" " " - 30
TIP Trpsamenca Title InsuranCCompany
THE i.AMD REFERRED TO HERE.TN IB SITUATED IN THE STATE OF CALIFORNIA.
COUNTY OF SAM DIEGO, CITY OF CARLSBAD. AMD IS DESCRIBED AS
FOl LOWS:
PARCEL 1 :
ALL THAT PORTIOM OF LOTS "D" AND "E" OF THE RANCHO AGUA
HEDIOMDA. IN THE CITY OF CARLSBAD. COUNTY OF SAN DIEGO.
STATE GF CALIFORNIA. ACCORDING TO MAP THEREOF MO. 823,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY. NOVEMBER 16. 1896. DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF BAY SHORE. UNIT MO.
2. ACCORDING TO MAP THEREOF NO. 7671. FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY ON JUNE 20. 1973.
SAID POINT ALSO BEING THE NORTHEAST CORNER OF LAND SHOWN
ON THE MAP OF CARLSBAD TRACT NO. 76-12. ACCORDING TO MAP
THEREOF NO. 9935. FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY ON DECEMBER 16. 19805 THENCE ALONG THE BOUNDARY
OF SAID LAND SHOWN ON SAID MAP NO. 9935 THE FOLLOWING COURSES
SOUTH 1-57'58" WEST. 610.73 FEET; THENCE NORTH 14»J8'41"
WEST. 173.76 FEET; THENCE SOUTH 55-37"57" WEST, 223.84
FEET8 THENCE SOUTH 6-48*26" WEST. 453.90 FEET; THENCE SOUTH
23-20"54" WEST, 177.99 FEET; THENCE SOUTH 67-31 "SB" WEST.
104.70 FEET; THENCE SOUTH 6*54'14" WEST, 213.64 FEET; THENCE
SOUTH 35-11-24" WEST. 151.63 FEET; THENCE NORTH 72-22'50"
WEST. 179.35 FEET: THENCE NORTH 59-48'28" WEST. 131.O6
FEET; THENCE NORTH 10-25'27" WEST. 66.60 FEET; THENCE NORTH
79-4O'12" WEST, 113.9O FEET; THENCE NORTH 43-O9!<2O" WEST,
.153.79 FEET; THENCE NORTH B 1-24* 45" WEST. 96.9i FEET; THENCE
SOUTH 7-41 "08" WEST. 19O.89 FEET; THENCE SOUTH 8-22'3O"
EAST. 203.47 FEET; THENCE SOUTH 28-31'33" EAST, 3^2.41
FEET; THENCE SOUTH 13-32'45" WEST. 93.54 FEET; THENCE SOUTH
59-25'45" WEST. 133.52 FEET; THENCE SOUTH 15-39"32" WEST.
167.5s? FEET; THENCE LEAVING SAID BOUNDARY OF LAND SHOWN
ON HAP NO. 9935 SOUTH 29-25'Ol" WEST. 4.676.56 FEET. THENCE
NORTH 89-25' 1*>" WEST. 171.23 FEET; THENCE NORTH 29-25'Ol"
EAST. 1.669.10 FEET; THENCE NORTH 24-13'39" WEST. 1.445.24
FEET TO THE BEGINNING OF A TANGENT l.OOO.OO FOOT RADIUS
CURVE CONCAVE EASTERLY; THENCE NORTHWESTERLY. NORTHERLY
AND NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 53-54'39" A DISTANCE OF 94O.92 FEET; THENCE
LEAVING SAID CURVE SOUTH 76-25'O2" EAST, 42O.51 FEET; THENCE
SOUTH 58-08"02" EAST. 435.66 FEET; THENCE SOUTH 2"23'O9"
WEST. 240.21 FEET; THENCE SOUTH 44-21'23" EAST, 647.<?6
FEET; THENCE NORTH 29-25"oi" EAST. 2.165.74 FEET; THENCE
NORTH 28-31'33" WEST. 166.53 FEET; THENCE NORTH 8-22'3<~>"
209.. 84 FEET; THENCE NORTH 7-41'08" EAST. 194.O3 FEET; THENCE
NORTH 81-24'45" WEST. 33.OO FEET: THENCE SOUTH 74-26'4O"
WEST, 429.98 FEET; THENCE SOUTH 45-51'OO" WEST. 35O.O1
FEET; THENCE SOUTH 14-56'53" WEST. 740.00 FEET: THENCE
SOUTH 56-46'53" WEST. 4OO.OO FEET; THENCE NORTH 73-43'O7"
WEST. 2OO.OO FEET: THENCE NORTH 2<1"13'O7" WEST. 21O.OO
PAGE 3 00666^8
. ,, v v. 3 i
^JP TrQsamenca Title InsuranQCompany
FEET 5 THENCE NORTH 53-O3'O7" HEST. 425. CO FEET; TO THE
PROPOSED CENTER!., tME OF COLLEGE BOULEVARD PEP. IMPROVEMENT
PLANS ON FILE IN THE OFFICE OF THE CITY ENGINEER OF THE
CITY OF CARLSBAD: THENCE ALONG SAID PROPOSED CENTERLINE
NORTH 36-56"53" EAST. 9O°.05 FEET TO THE BEGINNING OF A
TANGENT KOOO.OO FOOT RADIUS CURVE CONCAVE WESTERLY. THENCE
ALONG THE ARC OF SAID CURVE NORTHEASTERLY. NORTHERLY AND
NORTHWESTERLY THROUGH A CENTRAL ANGLE OF 75-55'53" A DISTANCE
OF 1.. 325.25 FEET; THENCE TANGENT TO SAID CURVE AND CONTINUING
ALONG SAID PROPOSED CENTERLINE NORTH 38-59'OO" WEST. 25. 26
FEET TO THE NORTH BOUNDARY OF LAND SHOWN ON SAID NAP NO.
9<?35; THENCE LEAVING SAID PROPOSED CENTERLINE ALONG SAH>
NORTH BOUNDARY NORTH 39-19'-35" EAST. 2.549.27 FEET TO THE
POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION SHOWN AS "2.OO ACRES"
ON SHEET 3 OF RECORD OF SURVEY MAP MO. 9336. FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY.
ALSO EXCEPTING:
ALL THAT PORTION OF LOT "D" OF THE SUBDIVISION OF RANCHO
AGUA HEDIONDA. IN THE COUNTY OF SAN DIEGO. STATE OF CALIFORNIA.
AS SHOWN ON MAP NO. S23 FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY ON NOVEMBER 18. 1896. DESCRIBEE-
AS FOLLOWS:
BEGINNING AT A POINT ON THE CENTERLINE INTERSECTION OF
ELM AVENUE AND COLLEGE BOULEVARD. SAID POINT BEING A POINT
ON CURVE OF COLLEGE BOULEVARD AND HAVING A RADIUS OF 1OOO
FEET. CONCAVE EASTERLY. WITH A RADIAL LIME THAT BEARS NORTH
73-51'53" WEST! THENCE IN A NORTHEASTERLY DIRECTION ALONG
THE CENTERLINE OF SAID CURVE AND COLLEGE BOULEVARD THROUGH
A CENTRAL ANGLE OF 3-4O'OB" AN ARC DISTANCE OF 64.O3 FEET;
THENCE LEAVING SAID CEMTERL.INE OF COLLEGE BOULEVARD ON
A RADIAL LINE OF SAID CURVE SOUTH 7O-M:>45" EAST. 5J.OOFEET. TO THE EASTERLY RIGHT-OF-WAY LIME OF COLLEGE BOULEVARD
AND TO A POINT OF INTERSECTION WITH THE NORTHERLY LINE
OF THAT CERTAIN 3O-FOOT WIDE SAN DIEGO COUNTY WATER AUTHORITY
EASEMENT RECORDED ON JUNE 13. 1979. AS FILE/PAGE NO. 7«?-?4327<X
AMD QUITCLAIMED TO COSTA REAL MUNICIPAL WATER DISTRICT
ON JUNE 19, 1982. AS FILE/PAGE NO. 82-22O671. SAID NORTHERLY
EASEMENT LINE BEARS SOUTH 79-29'26" WEST. SAID POINT OF
INTERSECTION ALSO BEING THE TRUE POINT OF BEGINNING; THENCE
ALONG SAID RIGHT-OF-WAY LINE OF COLLEGE BOULEVARD IN A
NORTHEASTERLY DIRECTION ALONG A 949-FOOT RADIUS CURVE.
CONCAVE EASTERLY, THROUGH A CENTRAL ANGLE OF 7-SO'55" AN
ARC DISTANCE OF 1.3O.OO FEET; THENCE LEAVING SAID RIGHT-OF-WAY
LINE ON A RADIAL LINE OF SAID CURVE. SOUTH 62-2O'5O" EAST.
70.00 FEET; THENCE SOUTH 10-30*34" EAST. 64.14 FEET. TO
A POINT ON THE NORTHERLY LINE OF SAID CERTAIN 3O.OC-FDOT
WIDE EASEMENT; THENCE ALONG THE NORTHERLY LINE OF SAID
CERTAIN 30.00-FOOT WIDE EASEMENT SOUTH 79"29!>26" WEST.
128.1.2 FEET. TO THE TRUE POINT OF BEGINNING.
PAGE
•. v, v v 32
|F TrahrSamenca Title InsurancQ^ompany
THAT PORTION OF LOTS "D" AMD "J" OF THE RAMCHO AGUA HEDFONDA
IN THE CITY OF CARLSBAD. COUNTY OF SAM DIEGO. STATE OF
CALIFORNIA. ACCORDING TO THE PARTITION MAP THEREOF NO.
823. FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY ON NOVEMBER 16. 1896. DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE NORTH BOUNDARY OF LAND SHOWN
ON MAP NO. 9935. FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY ON DECEMBER 16. 19BO. SAID POINT BEARS SOUTH
89-19'35" WEST. 2.58O.39 FEET FROM THE NORTHEAST CORNER
OF SAID LAND SHOWN ON MAP MO. 99355 THENCE ALONG SAID NORTH
BOUNDARY NORTH 89-19"35" EAST, 31.12 FEET; THENCE LEAVING
SAID NORTH BOUNDARY SOUTH 38-59*GO" EAST. 25.26 FEET TO
THE BEGINNING OF A TANGENT l.OOO.OO FOOT RADIUS CURVE CONCAVE
WESTERLY; THENCE SOUTHEASTERLY. SOUTHERLY AND SOUTHWESTFRIv
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
75-55'53" A DISTANCE OF 1.325.25 FEET; THENCE TANGENT TO
SAID CURVE SOUTH 36-56'53" WEST, 9O9.95 FEET; THENCE SOUTH
53°03'O7" EAST, 425. OO FEET; THENCE SOUTH 24-13'O7" EAST,
210.00 FEET; THENCE SOUTH 73-43'07" EAST. 2OO.OO FEET;
THENCE NORTH 5*>-46'53" EAST. 4OO.OO FEET; THENCE NORTH
14-56'53" EAST. 74O.OO FEET; THENCE NORTH 45-51'OO" EAST.
350.01 FEET. THENCE NORTH 74-26'4O" EAST. 429.99 FEET;
THENCE SOUTH 81-24'45" EAST. 33.OO FEET; THENCE PARALLEL
WITH AMD 2.0.00 FEET WESTERLY. MEASURED AT RIGHT ANGLES.
FROM THE EASTERLY BOUNDARY OF LAND SHOWN ON SAID MAP NO.
9935. SOUTH 7-41'O8" WEST. 194.O3 FEET; THENCE SOUTH 8«22'3O"
EAST 209.84 FEET; THENCE SOUTH 28-31'33" EAST. 166.53 FEET;
THENCE LEAVING SAID PARALLEL COURSES SOUTH 29-25'01" WEST.
2.165.74 FEET; THENCE NORTH 44-21'23- WEST. 647.96 FEET;
THENCE NORTH 2-23'O9" EAST. 24O.21 FEET; THENCE NORTH 58-08'O2"
WEST. 435.66 FEET; THENCE NORTH 76-25'O2" WEST. 420.51
FEET TO THE PROPOSED CENTERLINE OF COLLEGE BOULEVARD PER
IMPROVEMENT PLANS ON FILE IN THE OFFICE OF THE CITY ENGINEER
OF THE CITY OF CARLSBAD. SAID POINT BEING THE BEGINNING
OF A l.OOO.OO FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY.
A RADIAL LINE TO SAID POINT BEARS NORTH 6OM9'O1" WEST:
THENCE SOUTHERLY ALONG SAID PROPOSED CENTERLINE AND THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 13-32'52"
A DISTANCE OF 236.45 FEET TO THE PROPOSED CENTERLINE OF
ELM AVENUE AS SHOWN ON SAID IMPROVEMENT PLANS. A RADIAL
LINE TO SAID POINT BEARS NORTH 73-51'53" WEST. THENCE LEAVING
SAID CURVE ALONG SAID PROPOSED CENTERLINE OF ELM AVENUE
AND THE PROLONGATION OF SAID RADIAL LINE NORTH 73-51'53"
WEST. 155.70 FEET TO THE. BEGINNING OF A TANGENT l.OOO.OO
FOOT RADIUS CURVE CONCAVE. SOUTHERLY; THENCE NORTHWESTERLY.
WESTERLY AMD SOUTHWESTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTERLINE ANGLE OF 34-45'19". A DISTANCE OF
60&.59 FEET; THENCE TANGENT TO SAID CURVE SOUTH 7i-22'4Bn
WEST. 825.93 FEET TO THE BOUNDARY OF LAND DESCRIBED IN
DEED TO TREETOPS UNLIMITED. RECORDED MARCH 26. 198O. AS
FI IE 'PAGE NO. 8O-1O2577 OFFICIAL RECORDS; THENCE LEAVING
SAID PROPOSED CEMTERL INE NORTH 18-37' 1.2" WEST, 639., 6<? FEET
•">066699
^
v^ 33
Title InsurancQCompany
TO THE BEGINNING OF A TANGENT 3OQ FOOT RADIUS CURVE COMC-Vv'F
SOUTHWESTERLY. THENCE NORTHWESTERLY AI..OM6 THE ARC OF SAID
CURVE m POINT OF INTERSECTION WITH THE LAND DESCRIBED
IN DEED TO TREETOPB UNLIMITED RECORDED MARCH 26. 19BO AS
FILE MO. 8O-JO2577; THENCE ALONG SAID TREETOPS LAND. NORTH
79- I 4' 50" EAST. 650 - OO FEET; THENCE SOI JTH 87- 15' 1 O" EAST.
•740.OO FEET!! THENCE SOUTH 71-31'39" EAST. 651.93 FEET TO
THE AFORESAID PROPOSED CEMTERLINE OF COLLEGE BOLD EVARP;
THENCE ALONG SAID PROPOSED CENTERLIME AND CONTINUING Al.. ONC-
SAID TREETOPS BOUNDARY NORTH 29-40'59" EAST. 42O.OO FEET;
THENCE LEAVING SAID PROPOSED CEMTERLINE AND CONTINUING
ALONG SAID TREETOPS BOUNDARY NORTH 59«O2'5O" WEST. 3^3.91
FEET; THENCE NORTH 8O«35'OO" WEST. 1.24O.OO FEET; THEMCE
NORTH 21-05'QO" WEST, 444.98 FEET TO THE BEGINNING OF A
TANGENT 50.OO FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY;
THENCE CLOCKWISE ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 129»O5'OO" A DISTANCE OF 112.65 FEET;
THENCE TANGENT 10 SAID CURVE SOUTH 72-OO'CO" EAST. 8B.57
FEET TO THE BEGINNING A TANGENT 50.OO FOOT RADIUS CURVE
CONCAVE NORTHWESTERLY; THENCE COUNTER-CLOCKWISE ALONG THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 79-58'O9"
A DISTANCE OF 69.79 FEET TO A POINT OF REVERSE CURVATURE
WITH A 2.0OO.OO FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY.
A RADIAL LINE TO SAID POINT FROM SAID 2.0OO.OO FOOT RADIUS
CURVE BEARS NORTH 61-58'O9" WEST; THENCE NORTHEASTERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL. ANGLE OF
15-42"33" A DISTANCE OF 548.35 FEET TO A POINT IN THE ARC
OF SAID CURVE TO WHICH A RADIAL LINE BEARS NORTH 46-15'36"
WEST; THENCE LEAVING SAID CURVE NORTH 59-51*59" EAST. 804.25
FEET CRECORD=aO4.26 FEET); THENCE NORTH 13-27•'33" WEST
(RECORD=NORTH 13-37'33" WEST). 36O.OO FEET TO THE NORTH
BOUNDARY OF SAID LAND SHOWN ON SAID MAP MO. 9935; THENCE
LEAVING SAID TREETOPS BOUNDARY ALONG SAID NORTH BOUNDARY
OF SAID MAP NO. 9935 NORTH 89-19"04" EAST. 1113.6O FEET;
TO THE POINT OF BEGINNING.
EXCEPTING FROM THE ABO^E DESCRIBED PARCEL OF LAND THAT-
PORT I ON THEREOF CONVEYED TO CARLSBAD MUNICIPAL WATER DTSTRICT
BY DEED RECORDED JANUARY 9. 1967 AS DOCUMENT NO. 2637.
SERIES 8. BOOK 1967. OFFICIAL RECORDS.
PARCEL 3:
THAT PORTION OF LOTS "D", "E" AND "J" OF THE RAMCHO AGUA
HEDIONDA, IN THE CITY OF CARLSBAD. COUNTY OF SAM DIEGO.
STATE OF CALIFORNIA. ACCORDING TO THE PARTITION MAP THEREOF
NO. 823. FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY ON NOVEMBER 16. 1996. DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF LOT .14O OF CARLSBAD
TRACT MO. "76-12. ACCORDING TO MAP THEREOF MO. 9935. FILED
IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON
DECEMBER 16. 198O; THENCE ALONG THE BOUNDARY OF SAID LOT
140 NORTH 1-42'41" EAST. 61O.OO FEET; THENCE CONTINUING
ALONG SAID BOUNDARY NORTH 23-15'45" WEST. 72O.3O FFET TO
PAGE fa OO66698
34
Title Insuranc'Company
THE BOUNDARY OF LAND CON1''EYED TO TREETGPS UNLIMITED BY
DEED RECORDED MARCH 26. i«?3o. AS FILE-'PAGE NO.. so-io:^"7'?.
OFFICIAL RECORDS; THENCE ALONG THE PtJlJMDAPY OF SAID ! REFTOPS
LAND THE FOLLOWING COURSES SOUTH 78-14'59" EAST. 319.91
FEET; THENCE SOUTH 48-43'39" EAST, 335.GO FEET; THENCE
NORTH 4B-46'21" EAST. 250.OO FEET; THENCE SOUTH 81-13*39"
EAST. 21O.OO FEET; THENCE NORTH 8-46'21" EAST. 98O.OO FEET
(RECORD=NOPTH 8-46'24" EAST. ^BO.OG FEET); THENCE LEAVTMR
SAID TREETOPS LAND SOUTH 24-13'39" EAST. 675.24 FEFT; THENCE
SOUTH 2°-25'OJ" WEST. 1.66<?.1O FEET? THENCE SOUTH S°-25MO"
FAST. 171.23 FEET: THENCE. NORTH 29-25'Ol" EAST. 4.676.56
FEET; THENCE NORTH 2°»25'oi" EAST. 4.676.56 FEET TO THE
EAST BOUNDARY OF LAND SHOWN ON SAID MAP NO. 9<?35; THENCE
ALONG SAID EAST BOUNDARY THE FOLLOWING COURSES SOUTH 15-3*?' 32"
WEST, 135.19 FEET; THENCE SOUTH 57-49' 13" EAST. 56.58 FEET;
THENCE SOUTH O"21'O5" NEST- 2.179.PO FEET; THENCE WORTH
99-36' 23" WEST. 265.56 FEET; THENCE SOUTH .1-15*07" WEST,
150.30 FEET; THENCE SOUTH 9-4&--50" WEST. 112.79 FEET; THENCE-
SOUTH 20-53*19" WEST. 126.01 FEET: THENCE SOUTH 14-40*43"
WEST, 57.1O? THENCE SOUTH 7-13*27" WEST, 135.34 FEET: THENCE
SOUTH 11-36*IS" WEST. 65.24 FEET. THENCE SOUTH 14«41'25"
WEST, 159.68 FEET: THENCE SOUTH 21-39'O5" WEST. 19O.34
FEET: THENCE SOUTH 13-43'35" WEST, 781.82 FEET TO THE SOUTHEAST
CORNER OF SAID LAND SHOWN ON MAP NO. 9935; THENCE ALONG
THE SOUTH BOUNDARY OF SAID NORTH 89-25MO" WEST. 2.O8O.O8
FEET TO THE POINT OF BEGINNING.
PARCEL 4:
THAT PORTION OF LOTS "D", "E" AND "J" OF THE RANCHO AGUA
HEDIONDA. IN THE CITY OF CARLSBAD. COUNTY OF SAN DIEGO.
STATE OF CALIFORNIA. ACCORDING TO THE PARTITION MAP THEREOF
MO. 823. FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY ON NOVEMBER 16. 1896. DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF LOT 1 OF CARLSBAD
TRACT MO. 76-12 ACCORDING TO MAP THEREOF NO. e?<?35. FT1.F.P
IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON
DECEMBER J6. 198O. SAID POINT BEING IN THE ARC OF A 642.00-
FOOT RADIUS CONCAVE NORTHWESTERLY. A RADIAL LINE TO SAID
POINT BEARS SOUTH 63-53MO" EAST; THENCE SOUTHWESTERLY
ALONG THE. BOUNDARY OF SAID CARLSBAD TRACT NO. 76-12 AND
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 3O-53MO"
A DISTANCE OF 121.98 FEET; THENCE TANGENT TO SAID CURVE
SOUTH 37-00'OO" WEST. 7O2.00 FEET TO THE BEGINNING OF A
TANGENT 958.00-FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY!
THENCE CONTINUING SOUTHWESTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 15-47'3O" A DISTANCE OF 264.OO
FEET; THENCE TANGENT TO SAID CURVE SOUTH 21-12*30" WEST.
455.73 FEET; THENCE LEAVING THE BOUNDARY OF SAID CARLSBAD
TRACT NO. ?6-12 NORTH 0-34'SO" EAST. 944.Ol FEET; THENCE
NORTH 89-25MO" WEST. 3OO.OO FEET; THENCE SOUTH O-34'5O"
WEST. 66O.OO FEET TO THE BOUNDARY OF LAND SHOWN ON SAID
MAP NO. «?935; THENCE ALONG THE BOUNDARY OF SAID LAND THE
FOLLOWING COURSES NORTH 89-25MO" WEST 317.25 FEET; THENCE
PAGE 7 OO666<?6
Title Insurancuiompany
NORTH 0-34' 50" FAST. 9B7.75 FEET: THENCE MORTH 24-22'57"
WEST, 517.37 FEET TO THE POINT OF INTERSECT IDM WITH THE
SOUTHEAST CORNER OF THE LAND CONVEYED TO CFT'RIC E. ?ANT>ERR
BY DEED RECORDED DECEMBER 29. 1983 AS INSTRUMENT NO. B3-475916
OFFICIAL RECORDS; THENCE ALONG THE BOUNDARIES OF SAID SANDER'S
LAND. SOUTH 82-59'47" WEST 7O.OO FEET; NORTH 7.4°2O'17"
WEST 95.00 FEET; MORTH 4-59-18" WEST 28.72 FEET; TO A POINT
ON THE ARC OF A TANGENT ISO.DO FOOT RADIUS CURVE CONCAVE
WESTERLY; NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH
A CENTRAL ANKLE OF 43ocr.4'12" A DISTANCE OF 114.94 FFET;
TANGENT TO SAID CURVE MORTH 48°53:%3O" WEST 22.7A FFET:
MORTH 41-06'3O" EAST 79. OO FFET: THENCE LEAVING THE BOUNDARY
OF SAID SANDERS LAND BY THE DECEMBER 29. 1983 DEED. NORTH
24-2OM7" WEST 65.97 FEET TO A ROINT ON A NON-TANGENT 47O
FOOT RADIUS CURVE CONCAVE. NORTHWESTERLY. A RADIAL LIME
OF WHICH DEARS SOUTH 48-53'3O" EAST; THENCE HORTHFASTERI Y
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL AMBLE OF
9-31'43" A DISTANCE OF 78.16 FEET; TO THE BEGINNING OF
A COMPOUND 25.OO RADIUS CURVE CONCAVE WESTERLY; THENCE
NORTHEASTERLY. NORTHERLY AND NORTHWESTERLY ALONG THE ARC
OF SAID CUR^E THROUGH A CENTRAL ANGLE OF 88-32'56" A DISTANCE
OF 38.64 FEET TO THE BEGINNING OF A REVERSE 742. FOOT RADIUS
CURVE CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL AMBLE OF 13-15'4O"
A DISTANCE OF 171.74 FEET TO A POINT ON THE. BOUNDARY OF
LAND SHOWN ON SAID MAP 9935? THENCE ALONG THE BOUNDARY
OF SAID LAND, NORTH 24-22'57" WEST 712.64; NORTH 24-25'34"
WEST 1,805.09 FEET; NORTH 7O»O4'37" EAST. 515.OO FEET;
THENCE LEAVING SAID BOUNDARY SOUTH 42-45'55" EAST. 95.64
FEET; THENCE SOUTH 43-00"oo" EAST. 38o.oo FEET; THEHCE
SOUTH 3-3O'OO" EAST. 19O.OO FEET; THENCE SOUTH 31-3O'OO"
EAST. 36O.OO FEET; THENCE SOUTH IP-OO'OO" EAST. 140.OO
FEET TO THE BOUNDARY OF LAND CONVEYED TO TREETOPS UNLIMITED
BY DEED RECORDED JUNE 19. 1979. AS FILE/PAGE MO., 79-252293.
OFFICIAL RECORDS; THENCE ALONG SAID BOUNDARY MORTH 7O-O4'37»
EAST. 699.57 FiE!ET TO THE BOUNDARY OF LAND CONVEYED TO TREETOPS
UNLIMITED BY DEED RECORDED MAP.CH 26. 1980 AS FILE/PAGE
NO. QO-1O2577: THENCE ALONG SAID BOUNDARY THE FOLLOWING
COURSES SOUTH 16-49'53" EAST. 218.33 FEET; THENCE SOUTH
26-lO'23" EAST. 5OO.OO FEET: THENCE SOUTH 85-29«37" WEST.
480.OO FEET; THENCE MORTH 39-OO'23" WEST. 372.OO FEET;
THENCE NORTH 13-46'34" WEST. 176.94 FEET; THENCE LEAVING
SAID TREETOPS LAND SOUTH 70-O4'37" WEST. 367.64 FEET TO
THE WEST BOUNDARY OF LAND CONVEYED TO SAID TREETOPS UNLIMITED
BY SAID DEED RECORDED AT FILE/PAGE NO. 8O-1O2577; THENCE
SOUTH 28-37"41" EAST. 482.64 FEET? THENCE SOUTH 2-54'50"
WEST, 350.00 FEET; THENCE SOUTH 17-25-10" EAST. 430.00
FEET; THENCE SOUTH 24-25' 10" EAST. 49O.OO FEET; THENCE
SOUTH 10-43-O1" WEST. 257.35 FEET: THENCE SOUTH 24-25-1O"
EAST. 43O.OO FEET? THENCE SOUTH 48-O5'12" EAST. 2OO.OO
FEET; THENCE SOUTH 24-25'10" EAST. 3OO.OO FEET; THENCE
NORTH 59-09-- EAST. 587. OO FEET; THENCE MORTH 43-29' 5O"
EAST. 339.00 FEET; THENCE SOUTH 8O-O8'5O" EAST. 71.22 FEET
TO A POINT IN THE ARC OF A 1. OOO FOOT RADIUS CURVE CONCA'-'E
WESTERLY. A RADIAL LIME TO SAID POINT BEARS SOUTH 75-17-4O"
PAGE B OO66698
-- 36
Title Insurancb. Company
EAST: THENCE NORTHEASTERLY. NORTHERLY AND NORTHWESTERLY
ALONG THE ARC Of" SAID CURVE THROUGH A CENTRAL ANGLE OF
33-19' 32" A DISTANCE OF 581.64 FEET; THENCE. TANGENT TO
SAID CURVE NORTH 10-37' J 2" WEST. 273.62 FEET TO THE PROPOSED
CENTER!.. 1 ME OF ELM AVENUE PER THE IMPROVEMENT PLANS DM FILE
IN THE OFFICE OF THE CITY ENGINEER OF THE CITY OF CARLSBAD;
THENCE LEAVING THE BOUNDARY OF SAID TREETOPS UNLIMITED
LAW!) ALONG SAID PROPOSED CENTERLIME NORTH 7 1-22 '48" EAST,
825.88 FEET TO THE BEGINNING OF A TANGENT I.OOO.OO FOOT
RADIUS CURVE CONCAVE SOUTHERLY! THENCE NORTHEASTERLY. EASTERLY
AMD SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL AMBLE OF 34-45'' 19" A DISTANCE OF 6O6.59 FEET: THENCE
TANGENT TO SAID CURVE SOUTH 73-51 '53" EAST. .155.70 FEET
TO' THE PROPOSED CENTER!- 1 ME OF COLLEGE BOULEVARD AS SHOWN
ON SAID IMPROVEMENT PLANS. SAID POINT BEING IN THE ARC
OF A 1,000.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY.
A RADIAL LINE TO SAID POINT BEARS SOUTH 73-51 '53" EAST;
THENCE LEAVING SAID PROPOSED CEMTERLINE SOUTHWESTERLY AND
SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 23°O4'30" A DISTANCE OF 4O2.74 FEET TO A POINTIN THE ARC OF SAID CURVE TO WHICH A RADIAL LIME BEARS SOUTH
B3-O3'3B" WEST. SAID POINT ALSO" BEING IN THE BOUNDARY OF
LAND CONVEYED TO TREETOPS UNLIMITED BY DEED RECORDED MARCH
•26, .1980. AS FILE/PAGE NO. 8O-1O2577; OFFICIAL. RECORDS:
THENCE LEAVING SAID CURVE SOUTH 69-28 '42" WEST 7F-4 . 89 FFETS TO AN ANGLE
'OINT IN CARLSBAD TRACT NO. 81-47 ACCORDING TO MAP THEREOF MO. 10565
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY; THENCE ALONG THE BOUNDARY OF SAID CARLSBAD TRACT.
SOUTH 18-37 '12" FAST 55.55 FEET TO THE BEGINNING OF A TANGENT
600 FOOT RADIUS CURVE CONCAVE WESTERLY; SOUTHERLY ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE. OF 87-37' 19"
A DISTANCE OF 917.58 FEET: TANGENT TO SAID CURVE SOUTH
69-OO'O7" WEST 1O2.57 FEFT TO THE BEGINNING OF A TAMRENT
4OO FOOT RADIUS CONCAVE SOUTHEASTERLY: SOUTHWESTERLY ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 4-28 '42"
A DISTANCE OF 31.26 FEET TO AM ANGLE POINT THEREIN TO APOINT ON THE NORTHEASTERLY BOUNDARY OF CARLSBAD TRACT NO.
76-12 REFERRED TO ABOVE: THENCE LEAVING THE BOUNDARY OF
CARLSBAD TRACT NO. 81-47. PROCEEDING ALONG THE BOUNDARY
OF SAID CARLSBAD TRACT NO. 76-12 THE FOLLOWING COURSES
NORTH 34-33' OO" WEST. 77.75 FEET; THENCE NORTH 6O-37'32"
WEST. 25O.22 FEET TO THE POT NT OF BEGINNING.
EXCEPTING FROM THE ABOVE DESCRIBED PARCEL OF LAND THAT
PORTION THEREOF CONVEYED TO CITY OF CARLSBAD BY DEED RECORDED
NOVEMBER 19. 1982, AS DOCUMENT MO. 82-357617. OFFICIAL
RECORDS. DESCRIBED AS FOLLOWS:
BEGINNING AT AM ANGLE POINT IN THE EASTERLY BOUNDARY OF
LOT 1 OF CARLSBAD TRACT NO. 76-12. MAP THEREOF NO. 9<:>35
AS FILED IN THE OFFICE OF SAID COUNTY RECORDER; THENCE
ALONG SAID EASTERLY BOUNDARY NORTH 6<~>-37'32" NEST 25O.22
FEET TO THE MOST NORTHERLY CORNER OF LOT 1 OF SAID MAP
MO. ^935. BEING AI..9O A POINT IN A MOM- TANGENT 642. OO FOOT
RADIUS CURVE. CONCAVE NORTHWESTERLY. A RADIAL I THE TO SAID
37
Samenca Title InsuranOcompany
POINT BEARS SOUTH 63-53' 1O" EAST; THENCE NORTHEASTERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGl E OF 1 t-24' 1O" AM
ARC DISTANCE OF 127_B3 FEET; THENCE TANGENT TO SAID CHR^-'F
NORTH 14°42'20" EAST 138.57 FEET TO THE BEGINNING OF, A
TANGENT 1042.. OO FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE
NORTHERLY ALONG SAID CURVE THROUGH A CENTRA! ANGLE OF 10° ! .->' 33"
AN ARC DISTANCE OF IGfo.BB FEET; THENCE ALONG A NON-TANGENT
I 1NE NORTH 69-28'42" EAST 623.22 FEET; THENCE SOUTH 18»37M2"
EAST 54.54 FEET TO THE BEGINNING OF A TANGENT 57O.OO FOOT
RADIUS CURVE CONCAVE WESTERLY; THENCE SOUTHERLY AND SGUTNWFB'! ERl
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 87»37'!9" AN
ARC DISTANCE. OF 871.7O FEET; THENCE TANGENT TO SAID CURVE.
SOUTH 69-00'07" WEST 1O2.57 FEET TO THE BEGINNING OF A
TANGENT 43O.OO FOOT RADIUS CURVE CONCAVE. SOUTHEASTERLY;
THENCE SOUTHWESTERLY ALONG SAID CUR'-'E THROUGH A CENTRA!
ANGLE OF 05-06'58" AM ARC DISTANCE OF 38. 4O FEET TO A ROT NT
IN SAID EASTERLY BOUNDARY OF MAR NO. 9935; THENCE ALONG
SAID EASTERLY BOUNDARY NORTH 34-33*00" WEST 47.4O FEET
TO THE POINT OF BEGINNING.
1O