HomeMy WebLinkAbout1987-10-13; City Council; Resolution 9258a * 4
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RESOLUTION NO. 9258
A RESOLUTION OF THE CITY OF CARLSBAD, CALIFORNIA
APPROVING A SETTLEMENT AGREEMENT BETWEEN THE CIT
OF CARLSBAD AND ESPOSITO DEVELOPMENT COMPANY,
ACCEPTING EASEMENT DEDICATIONS, WAIVER OF CERTAIN
DEVELOPER FEES AND AUTHORIZING PAYMENT OF RELATED
FEES FOR RIGHT-OF-WAY ACQUISITION FOR THE CITY'S
LA COSTA AVENUE IMPROVEMENT PROJECTS
WHEREAS, Esposito Development Company is the owner of
certain real property located in San Diego County, California,
and more particularly described in the Settlement Agreement
identified as attached Exhibit A attached hereto and
incorporated by reference herein; and
WHEREAS, the City of Carlsbad desires to acquire a portion
of said real property for the purposes of its La Costa Avenue
improvement projects; and
WHEREAS, the City of Carlsbad has commenced an eminent
domain action in the San Diego County Superior Court (North
County), Case No. N37199, to acquire a portion of the property
herein described; and
WHEREAS, Esposito Development Company is currently in the
process of developing certain real property herein described and
as a condition of said development, certain conditions running
in favor of the City of Carlsbad have been imposed; and
WHEREAS, the parties hereto desire to settle the eminent
domain action in its entirety, and cause the property herein
described to be conveyed by the Esposito Development Company to
the City of Carlsbad pursuant to the terms and conditions set
forth in this agreement;
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the Mayor and City Clerk are hereby authorized and
directed to execute the attached Exhibit A, SETTLEMENT AGREEMENT
and PURCHASE and SALE AGREEMENT and ESCROW INSTRUCTIONS, as well
as related escrow instructions required of this transaction to
be transmitted at a later date. Following execution of this
agreement by the Mayor and City Clerk, said original agreement
and one (1) signed copy shall be forwarded by the City Clerk to
the City's authorized agent for this transaction, MacFarlane and
Associates, Inc., 3078 North Park Way, San Diego, California,
92104.
3. That the City Council of the City of Carlsbad does
hereby accept the EASEMENT FOR PUBLIC HIGHWAY identified as
attached Exhibit B and the EASEMENT FOR GRADING, LANDSCAPING,
AND IRRIGATION, identified as attached Exhibit C from the
Esposito Development Company and hereby directs the City Clerk
to sign said documents. Following signature of said documents,
the City Clerk is hereby directed to forward said signed
documents to the City's authorized agent in this transaction
referenced in No. 3 above for recordation.
4. That the City Council of the City of Carlsbad does
hereby authorize from the project account the expenditure of
$1,500 for costs related to the policy of title insurance and
estimated escrow expenses required herein.
5. That the City Council of the City of Carlsbad does
hereby authorize and recommend the waiver of the in-lieu fee
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($5,100 per unit) which was imposed by the County of San Diego
as a condition of approval of Tentative Map No. 4563. Said in-
lieu fee having been originally requested by City in lieu of
requiring the Esposito Development Company to improve La Costa
Avenue adjacent to its property. The City Clerk is hereby
directed to transmit a certified copy of this resolution to the
City of Enchitas, the successor entity to the County of San
Diego.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Carlsbad City Council held on the 13th day of October I
1987 by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson
NOES: None
ABSENT : None
AT’TEST :
ALETHA L. RAUTENKRANZ, Citg Clerk
(SEAL)
a-
EXHIBIT A
SETTLEMENT AGREEMENT AND
PURCHASE AND SALE AGREEMENT
AND ESCROW INSTRUCTIONS
THIS AGREEMENT is made by and between ESPOSiTO
DEVELOPMENT COMPANY, a California limited partnership (hereinafter
referred to as 'IEsposito1l) and the CITY OF CARLSBAD, a municipal
corporation, (hereinafter referred to as ItCityi1) and is entered into with
reference to the following facts:
REC ITA LS
1. Esposito is the owner of certain real property located in
San Diego County, California, and more particularly described in Exhib-
it IIAII , attached hereto and incorporated herein by this reference.
2. City desires to acquire a portion of the said real proper-
ty described in Exhibit "At1 for the purposes of its La Costa Avenue
improvement project. The portion of the property that the City desires
to acquire is more particularly described in Exhibit llBIf, (the Property)
attached hereto and incorporated herein by this reference.
3. City has commenced an eminent domain action in the
San Diego County Superior Court (North County) Case No. N37199, to
acquire a portion of the property described in Exhibit "B".
4. Esposito is currently in the process of developing the
real property described in Exhibit "All attached hereto, and as a condi-
tion of developing said real property, certain conditions running in
favor of City have been imposed.
5. The parties hereto desire to settle the eminent domain
action in its entirety, and cause the Property to be conveyed by
Esposito to City pursuant to the terms and conditions set forth in this
Agreement .
AGREEMENT OF SALE
6.
City shall adopt a resolution authorizing and recom-
mending waiving of the in-lieu fee ($5,100.00 per
unit) which was imposed by the County of
San Diego as a condition of approval of Tentative
Map No. 4563. Said in-lieu fee was originally
requested by City in lieu of requiring Esposito to
improve La Costa Avenue adjacent to its property.
The City will transmit said resolution to the City of
Encinitas, the successor entity to the County of
Esposito hereby agrees to sell and City hereby agrees to
purchase, through escrow, in consideration of the following:
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San Diego, and will also provide the City of
Encinitas with any other documentation it requests or requires.
ODenina of Escrow
7. Concurrently with the execution of this Agreement, City
and Esposito shall cause an escrow for the purchase of the property to
be opened at First American Title Company, 411 Ivy Street, San Diego,
California. This Agreement shall constitute escrow instructions.
Escrow shall be deemed opened as of the date of the last signatory to
this Agreement.
Title
8. Attached hereto and marked Exhibit llCll, and incorporat-
ed herein by this reference, is a Litigation Guarantee issued by First
American Title Insurance Company. Esposito shall deliver title to the
property to City on the closing date, free of all liens, encumbrances,
easements, restrictions, rights, and conditions of record, other than
the following items shown on the said litigation guarantee: Item
Nos. 1, 2, 3, 4, 5, 6, 7, 8, 10, 12, 14, 15, and 16.
Conditions and Covenants
9. Seller agrees, as a material part of the consideration
between the parties herein, to pay to City, upon the recordation of the
Final Subdivision Map pursuant to Tentative Map No. 4563, traffic
impact fees of the City and bridge and thoroughfare fees of the City,
in amounts in effect upon recordation of said map. Traffic impact fees
are currently $600.00 per unit, and bridge and thoroughfare fees are
currently $600.00 per unit.
10. City as the buyer is proposing to widen La Costa
Avenue between Interstate 5 and El Camino Real, and has included
box culvert (located at Engineer Station 63+85.90) to the ultimat
improved right of way width as shown on the "Preliminary Plans for the
Improvement of La Costa Avenue Between 1-5 and El Camino Real" at an
estimated cost of $33,430.00. The construction of said facility (box
culvert extension) may entitle seller to a credit from the San Diego
County Flood Control District against flood control fees as set forth in
the conditions of approval of TM 4563, and seller reserves the right to
apply for and receive said credit from the San Diego County Flood
Control District.
within the scope of the proposed project the extension off the existin qcc
11. Immediately after close of escrow herein, City shall cause
its action in eminent domain against Esposito to be dismissed.
Deliverv to Escrow
12. Esposito shall deliver to Escrow Agent, prior to the
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closing date, the easement deeds (Exhibits IiD" and I'E") conveying the
property to City executed and acknowledged by Esposito and/or such
other persons as the title insurer may require in order to issue the
title policy.
13. City shall deliver to Escrow Agent, prior to the closing
date :
(a) The resolution referred to in Paragraph 6
herein, fully executed and adopted by City: and
,(b) A resolution of the City Council accepting the
easement deeds (Exhibits llD1l and llE1l) including a
certificate of acceptance to be attached thereto.
Close of Escrow
14. Escrow shall close thirty (30) days after the date of this
Agreement (closing date).
The Closing
15. Escrow Agent shall close escrow by recording the Ease-
ment Deeds, copies of which are attached hereto as Exhibits I'D" and
llEll, and deliver the resolution referred to herein, to Esposito at such
time as Escrow Agent has procured a First American Title Insurance
Company CLTA Policy of Title Insurance with liability in the amount of
$89,000.00, insuring that title to the property vests in City, subject
only to those matters referred to in Paragraph 8 herein.
16. If all of the conditions set forth herein become satisfied
at a date earlier than the closing date, Escrow Agent shall so close the
escrow at such earlier date.
17. City shall pay all escrow, recording fees, and the
premium charged for the title insurance policy.
War ranties
18. Esposito warrants that it has the authority to enter into
this Agreement, and that it knows of no actions, claims, claims for
possession , including adverse possession, or litigation pending concern-
ing the. property as of the date of 'this Agreement, and that there are.
no oral or written leases on all or any of the property.
Survival of Aareement
19. To the extent that they constitute an agreement between
Esposito and City, the executory provisions of this Agreement and the
covenants of City to Esposito and Esposito to City shall survive the
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close and consummation of this escrow, and shall remain in full force
and effect.
Notices
20. Unless otherwise specifically provided herein, all notices,
demands, or other communications given hereunder shall be in writing
and shall be deemed to have been delivered as of actual personal deliv-
ery or except as to Escrow Agent who may use regular mail, as of the
second business day after mailing by United States registered or cer-
tified mail, return receipt requested, postage prepaid, addressed as
follows :
If to Seller, to:
Espos i to Properties
c/o Mr. Jim Esposito
3222 St. Albans Drive Los Alamitos, CA 90720
If to Buyer, to:
City of Carlsbad
c/o Mr. John J. Cahill
. Municipal Projects Manager
1075 Las Palmas Drive
Carlsbad, CA 92008
With Copy to:
Asaro & Keagy
3170 Fourth Avenue
Fourth Floor
San Diego, CA 92103
if to Escrow Agent to:
First American Title Insurance Company
411 ivy Street
San Diego, CA 92101
or to such other address or to such other persons as any party shall ~
designate to the others for such purpose in the manner hereinabove set
forth.
Extent of Escrow Agent's Respons ibi Ii ties
21. Escrow Agent Liability. Escrow Agent shall not be liable
for any of its acts or omissions unless the same shall constitute negli-
gence or willful misconduct. '
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22. Informing Parties. Escrow Agent shall have no
obligation to inform any party of any other transaction or of facts
within Escrow Agent's knowledge, even though the same concerns the
Property, provided such matters do not prevent Escrow Agent's compli-
ance with this Agreement.
23. Responsibility for Documents. Escrow Agent shall not be
responsible for (a) the sufficiency or correctness as to form or the
validity of any document deposited with Escrow Agent; (b) the manner
of execution of any such deposited document, unless such execution
occurs in Escrow Agent's premises and under its supervision; or (c)
the identity, authority, or rights of any persons executing any docu-
ment deposited with Escrow Agent.
24. Conflicting Demands and Claims. Should Escrow Agent
receive or become aware of conflicting demands or claims with respect to
the escrow, the rights of any party hereto, or funds, documents or
property deposited with Escrow Agent, Escrow Agent shall have the
right to discontinue any further acts until such conflict is resolved to
its satisfaction, and it shall have the further right to commence or
defend any action for the determination of such conflict. The parties
shall, immediately after demand therefor by Escrow Agent, reimburse
Escrow Agent (in such respective proportions as Escrow Agent shall
determine) any reasonable attorney's fees and court costs incurred by
Escrow Agent pursuant to this Paragraph.
General Provisions
25. Gender. The use herein of (a) the neuter gender
includes the mascu(ine and the feminine; and (b) the singular number
includes the plural, whenever the context so requires.
26. Possession. Escrow shall have no concern or liability for
this matter. Possession of the subject Property will be delivered to
Buyer as of the close of escrow.
27. Good Faith. Seller and Buyer agree to execute all such
instruments and documents and to take all actions as may be required
in order to consummate the purchase and sale contemplated herein, and
to use their best efforts to accomplish the close of this escrow in
accordance with the provisions hereof.
' 28. Captions. Captions in this Agreement are inserted for.
convenience of reference only and do not define, describe or limit the
scope or the intent of this Agreement or any of the terms hereof.
29. Escrow Defined. Whenever used in this Agreement the
term "escrow" shall mean the escrow created by this Agreement.
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30. Cash Defined. Whenever used in this Agreement the
term "cash" means currency, cashier's checks, or Federal Funds wire
transferred into Escrow Agent's bank account.
31. Exhibits. All exhibits referred to herein and attached
hereto are a part hereof.
32. Entire Agreement. This Agreement contains the entire
agreement between the parties relating to the transactions contemplated
hereby and all prior or contemporaneous agreements, understandings,
representations and statements, oral or written, are merged herein.
33. Modification. No modification, waiver, amendment,
discharge or change of this Agreement shall be valid unless the same is
in writing and signed by the party against which the enforcement of
such modification, waiver, amendment, discharge or change is or may
be sought.
34. Successors. All terms of this Agreement shall be bind-
ing upon and inure to the benefit of and be enforceable by the parties
hereto and their respective legal representatives, successors and as-
signs.
35. Construction. This Agreement shall be construed and
enforced in accordance under the laws of the State of California.
36. Survival. All obligations referred to herein to be per-
formed at a time or times after the close of the escrow, and all war-
ranties and representations contained herein, shall survive the close of
the escrow and the delivery of Seller's Grant Deed.
37.
ment.
Dated :
Dated :
Time of Essence. Time is of the essence of this Agree-
August 17 -/ , 1987 -
October , 1987
DK : MDDCT/ 062487~
ESPOSITO DEVELOPMENT COMPANY
A California Limited Partnership
ESP0 CORP., General Partner
By : fmC9 c- 5*G&
Ndmes C. tspoktito, President
'e'SP0 CORP.'
CITY OF CARLSBAD
By : CLAUDE A. LEWIS,. Mayor
ATTEST :
ALETHA L. RAUTENKWZ, City Clerk -6-
(SEAL) I1
EXHIBIT "A"
LOT 6 IN SECTION 34, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDIIJO
MERIDIAN, PARTIALLY IN THE CITY OF ENCINITAS AND PARTIALLY IN THE
CITY OF CARLSBAD, ALL IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO OFFICIAL THEREOF.
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@ EXHIBIT "B"
Assessor's Parcel NO. 2 16-1 10-33E34
EASEMENT FOR PUBLIC HIGHWAY
Project LA 'COSTA AVENUE
W.O. No. 3208 ,
ESPOSITO PROPERTIES'
hereinafter called GRANTOR(S), do(es) hereby grant, convey and dedicate to the CITY OF
CARLSBAD, State of California, hereinafter called GRANTEE, an easement for public highway
and publtc utility purposes and lncldents thereto, upon, over and across that certain real
property within the CITY OF CARLSBAD, State of California, described as follows:
PARCEL I:
That portion of Lot 6 of the Northeast Quarter of the Southwest Quarter of Section 34,
Township 12 South, Range 9 West, San Rernnrcllno Base and Merlcllan, in the County of San
Diego, State of California, according to the United States Government Survey thereof, lying
within the following described property:
Commencing at the Northwesterly corner of said Lot 6; thence South 00°57'12" East along the
Westerly Jine 34.70 feet. to the TRUE POINT .OF BEGINNING; thence North 72°58'5411 East
154.41 feet to the beginning of a tangent 1,440 'foot radius curve concave Southerly; thence
Easterly along said curve through a central angle of 18°11'5988 a distance of 457.41 feet;
thence South 88O49'07" East 404.45 feet; thence South 89°57'521' East 300.06 feet; thence
South 88O49'07" East 24.45 feet to the Easterly line of said Lot 6; thence South OOO37'38''
East along the Easterly Iihe %108.73 feet; thence North 89O33'58" West, 5.22 feet to a point on
the arc of a non-tangent, 20.00 foot -radius curve, concave Southwesterly, a radial line to sald point bears $South 89O33'58" East; thence Northwesterly along the arc of said curve
through a central angle of 89°15'09'4 a distance of 31.1 5 feet; thence North Ol01O'53" East,
3.00 feet; thence North 8Oo49'07'' West, 652.67 feet to a point herein designated Point ''All;
thence continuing North 88?49'07" West, 50.00 feet to a point designated Point "B"; thence
continuing .North 8U049'0711 West, 4.45 feet to the beginning of a tangent, 1,360.00 foot
radius curve, concave Southerly; thence Westerly along the arc of said curve through a
central angle of 1[1°111591' a distance of' 432.00 feet; thence tangent to said curve South
72°58'541' West, 177.45 feet to the Westerly line of said Lot 6; thence North 00°57'12" West
along the Westerly tine 03.25 feet to the TRUE POINT OF BEGINNING.
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TOGETHER wlth the privilege and right to extend drainage structures and excavation and embankment slopes 35 feet beyond the limits of tho herein clescribed right-of-way where
required for the conslruction and maltitenance of said public highway. ----
PARCEL it:
TOGETHER with that portion of said Lot 6 lying 10.00 feet Southerly of and parallel and
concentric with the following described line:
BEGINNING at said Point "A": thence North 00°49'07" West, 541'iS feet to the beyinnlng of a
tangent, 1,360 foot radius curve, concave Southerly; thence Westerly along the arc of said
curve through a central angle of 10°11'59" D distance of 1132.00 feet; thence tangent to said
curve South 72O50'54" West, 120.05 feet to the POINT OF TERMINUS.
PARCEL 111:
ALSO TOGETI4ER with that portion of said Lot G lying within a 40.00 foot widc strip of land
lying Southerly of and parallel to and concentric witti the following described line:
Commencing at said Point "8"; thence South 01°10'53" West, 10.00 feet to the TRUE POINT
OF BEGINNING 1: thence North 80°~19'07" West, 4.115 feet to the beginnirig of a tangent,
1,350.00 foot radius curve, concave Soulherly; thence Westerly nlorig the arc of said curve
through a central anglc of 11°[12'52'' a distance of 276.02 feet to the POINT OF TERMINUS I,
Said 40.00 foot wide strip of land is required for the placement of the tiehacks for the
cribwall. For the exact location of the tiebacks, see City of Carlsbad Drawing No. 270-5 on
file in the Office of the City Engineer of said City, There shall be no excavation, building,
or construction of any kind within said 40.00 foot wide strip of land without the approval of
the City Engineer of tho City of Carlshad,
EXHIBIT "B" 0
EASEMENT FOR GRADING, LANDSCAPING AND IRRIGATION
Asses sort s Pa rce 1 NO. 216-110-33
Project LA COSTA AVGNUE MITIGATION
W.O. No36022
ESPOSITO PROPERTIES. a California aeneral nartnershir,
hereinafter called GRANTOR, do(es) hercby grant, convey and dedicate to the CITY OF
CARLSBAD, State of California, hereinafter called GRANTEE, an easement for grading,
landscaping and irrigation purposes and incidents. thercto, upon, over and across that
certain real property within the CITY OF CARLSBAD, State of California, described as follows :
That portion of Lot 6 of Section 34, Township 12 South, Range 11 West, San Bernadino
Base and Meridian, in the City of Carlslmd, County of San Dicgo, State of California,
according to the Official Plat tliereof, described as follows:
Commencing at the Southwest Corner of Lot 14 of said Scctiori 34; thence along the
Northerly line of said Lot 6, North f18O39~36" East, 231 .85 feet to the TRUE POINT OF
BEGINNING I; thence continulng along said Northerly line, North 68O39'36" East, 88.15
feet; thence South 86°5015011 East, 142.91 feet to a point herein designated Point "A";
thence South 69O24'46'I West, 190.91 feet; thence North 56°0010U" West, 65.00 feet; thence
North 58°301001t East, 17.95 feet to the TRUE POINT OF UEGlNNlNC 1.
TOGETHER with that portion of said Lot G, described as follows:
j.
Commencing at said Point lrAll; thence South 8Goii015011 East, 8.53 feet to the TRUE POINT OF BEGINNING 11: thence continuing South 06°5015011 East, 224.04 fect: thence South
59°00'00'1 East, 28.84 feet; thence North 89°U010011 West, 215.00 feet; thence North
55°00'00" West, 40.011 feet to the TRUE POINT OF DEGlNNiNG II.
,ALSO TOGETHER with the right of ingress and egress over, under, and across -said
Gran.tor's land (including his successors and asslgns) , and the right to iristall, construct,
maintain, repair, replace, reconstruct, and inspect any water supply system or grading
deemed necessary for' the mitigation requirements of the California Coastal Commission and City of Carlsbad.
EXHIBIT "C"
0
CLTA GUARANTEE
CMG LITIGATION GUARANTEE
LIABILITY $89,000.00
FEE
ORDER NO. 924162-15
$502.50 YOUR REF. ESPOSITO PROPERTIES
(216-110-33 AND 34)
FIRST AMERICAN TITLE INSURANCE COMPANY a corporation, herein called the Company,
GUARANTEES
THE CITY OF CARLSBAD AS PLAINTIFF AND .ASARO & KEAGY AS ATTORNEY'S FOR PLAINTIFF
HEREIN CALLED THE ASSURED, AGAINST LOSS NOT EXCEEDING THE LIABILITY AMOUNT STATED ABOVE WHICH THE ASSURED SHALL SUSTAIN BY REASON OF ANY INCORRECTNESS IN THE ASSURANCE WHICH THE COMPANY HEREBY GIVES THAT,
ACCORDING TO THE PUBLIC RECORDS, ON THE DATE STATED BELOW,
1. THE TITLE TO THE HEREIN DESCRIBED LAND WAS VESTED IN
THE VESTEE NAMED, SUaSECT TO THE MATTERS SHOWN AS EXCEPTIONS HEREIN, WHICH EXCEPTIONS ARE NOT NECESSARILY
SHOWN IN THE ORDER OF THEIR PRIORITY; AND
2. THE NECESSARY PARTIES DEFENDANT IN AN ACTION TO CONDEMN
AN EASEMENT ARE AS HEREIN STATED.
ALL SUBJECT, HOWEVER, TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND THE OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS
HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE.
'DATED: MAY 28, 1987 AT 7:30 A.M.
FIRST AlkRICAN TITLE INSURANCE COMPANY
PAGE 1
CLTA GUARANTEE ORDER NO. 924162-15
TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN:
ESPOSITO PROPERTIES, A CALIFORNIA GENERAL PARTNERSHIP
THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED
TO COVERED BY THIS GUARANTEE IS:
FEE
EXCEPTIONS:
SEE FOLLOWING PAGE(S) FOR ITEMS 1 THROUGH 16.
PAGE 2
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CLTA GUARANTEE ORDER NO. 924162-15
1. GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 1987-88, A LIEN,
NOT YET PAYABLE.
2. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO
~ CHAPTER 3.5 COMMENCING WITH SECTION 75 OF THE CALIFORNIA REVENUE
AND TAXATION CODE.
3. SUPPLEMENTAL TAXES :
THE REQUIREMENT THAT THIS COMPANY BE FURNISHED WITH ALL
SUPPLEMENTAL TAX BILLS, IF ANY, FROM THE OWNER OF THE HEREIN
DESCRIBED PROPERTY BEFORE CLOSE OF ESCROW.
4. AN EASEMENT FOR PUBLIC HIGHWAY AND INCIDENTAL PURPOSES IN FAVOR
OF THE COUNTY OF SAN DIEGO, RECORDED AUGUST 3, 1932 IN BOOK 147,
PAGE 202 OF OFFICIAL RECORDS, LOCATED WITHIN THE NORTHERLY
PORTION OF THE HEREIN DESCRIBED PROPERTY LYING WITHIN A STRIP OF
LAND 60 FEET IN WIDTH ENTITLED ROAD SURVEY 516.
5. AN EASEMENT AND RIGHT OF WAY FOR PUBLIC ROAD PURPOSES OVER AND
ACROSS ROAD SURVEY NO. 1317 ACCORDING TO MAP ON FILE IN THE
OFFICE OF THE COUNTY SURVEYOR AND AS GRANTED TO THE COUNTY OF SAN
DIEGO BY DEED RECORDED MAY 2, 1951 IN BOOK 4082, PAGE 235 OF
OFFICIAL RECORDS.
SAID INSTRUMENT ALSO GRANTS THE PRIVILEGE AND RIGHT TO EXTEND AND
MAINTAIN DRAINAGE STRUCTURES AND EXCAVATION AND EMBANKMENT SLOPES
BEYOND THE LIMITS OF SAID RIGHT OF WAY WHERE REQUIRED FOR THE
CONSTRUCTION AND MAINTENANCE THEREOF.
6. AN EASEMENT FOR EITHER OR BOTH POLE LINES, UNDERGROUND CONDUITS
AND INCIDENTAL PURPOSES TOGETHER WITH THE RIGHT OF INGRESS AND
EGRESS IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY BY
INSTRUMENT RECORDED OCTOBER 17, 1961 AS FILE NO. 180034 OF
OFFICIAL RECORDS, DESCRIBED AS FOLLOWS :
WITHIN THAT CERTAIN STRIP OF LAND 12.0 FEET IN WIDTH BEING 6.0
' FEET ON.EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE:
COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 1 OF CREST ACRES:
20.68 FEET; THENCE NORTH 0°44t2018 WEST 2487.37 FEET; THENCE NORTH
.89°26t15tf WEST 0.90 FEET; THENCE NORTH Oo09tO01v WEST 46.11 FEET
TO THE TRUE POINT OF BEGINNING OF SAID CENTER LINE OF RIGHT OF
WAY; THENCE FROM SAID TRUE POINT OF BEGINNING, SOUTH Oo09tOO'f
EAST 437.29 FEET; THENCE SOUTH 0°36*301t EAST 233.55 FEET TO A
THENCE SOUTH 89"39'10" WEST ALONG THE NORTHERLY LINE THEREOF,
PAGE 3
',.. , :<'<. - .. -
CLTA GUARANTEE ORDER NO. 924162-15
POINT HEREINAFTER KNOWN AND DESIGNATED AS POINT "AVV; THENCE SOUTH
21"30'30" EAST 346.98 FEET.
ALSO: A RIGHT OF WAY FOR THE HEREINBEFORE DESCRIBED' PURPOSES OVER AND ACROSS THAT CERTAIN STRIP OF LAND 4.0 FEET IN WIDTH BEING 2.0 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE :
BEGINNING AT THE ABOVE SAID POINT "AV1; THENCE SOUTH 78"561301V WEST 25.0 FEET.
EXCEPTING FROM THE ABOVE DESCRIBED RIGHT OF WAY ANY PORTION THEREOF NOT LYING WITHIN THE HEREIN DESCRIBED LANDS.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
7. THE EFFECT, IF ANY, OF RECORD OF SURVEY MAP NO. 6269, WHICH SETS FORTH, OR PURPORTS TO SET FORTH, CERTAIN DIMENSIONS AND BEARINGS OF THE HEREIN DESCRIBED PROPERTY.
8'. AN EASEMENT AND RIGHT OF WAY FOR PUBLIC ROAD PURPOSES OVER AND ACROSS ROAD SURVEY NO. 1796 ACCORDING TO MAP ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR AND AS GRANTED TO THE COUNTY OF SAN
DIEGO BY DEED RECORDED DECEMBER 7, 1966 AS FILE NO. 191546 OF
OFFICIAL RECORDS.
SAID INSTRUMENT ALSO GRANTS THE PRIVILEGE AND RIGHT TO EXTEND AND
MAINTAIN DRAINAGE STRUCTURES AND EXCAVATION AND EMBANKMENT SLOPES BEYOND THE LIMITS OF SAID RIGHT OF WAY WHERE REQUIRED FOR THE CONSTRUCTION AND MAINTENANCE THEREOF.
9. AN AGREEMENT REGARDING JOINT VENTURE, DATED FEBRUARY 6, 1980, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN.
'EXECUTED BY AND BETWEEN: ADNAN S. KHATIB AND L. V. ESPOSITO
RECORDED: FEBRUARY 12, 1980 AS FILE NO. 80-050035 OF OFFICIAL
AND F. C. ESPOSITO, HIS WIFE.
RECORDS. .
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
10. THE EFFECT, IF ANY, OF RECORD OF SURVEY MAP NO. 9880, WHICH SETS . FORTH, OR PURPORTS TO SET FORTH, CERTAIN DIMENSIONS AND BEARINGS
OF THE HEREIN DESCRIBED PROPERTY.
PAGE 4
’*‘a<\ &-
I_
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CLTA GUARANTEE ORDER NO. 924162-15
11. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL PRINCIPAL SUM OF $270,000.00, AND ANY OTHER AMOUNTS OR
OBLIGATIONS SECURED THEREBY, RECORDED JULY 12, 1985 AS FILE NO.
85-249141 OF OFFICIAL RECORDS.
DATED: MARCH 1, 1985
TRUSTOR : ESPOSITO PROPERTIES, A CALIFORNIA GENERAL
TRUSTEE : TITLE INSURANCE AND TRUST COMPANY, A CALIFORNIA
BENEFICIARY: LESLIE V. ESPOSITO AND FILOMENA C. ESPOSITO,
PARTNERSHIP
CORPORATION
HUSBAND AND WIFE
SAID DEED OF TRUST IS SUBORDINATE TO THE DEED OF TRUST RECORDED
JULY 12, 1985 AS FILE NO. 85-249141 OF OFFICIAL RECORDS, BY THE TERMS OF A SUBORDINATION AGREEMENT RECORDED APRIL 23, 1987 AS FILE NO. 87-222471 OF OFFICIAL RECORDS.
12. THE FACT THAT SAID LAND LIES WITHIN THE SAN DIEGUITO REORGANIZATION PROJECT AREA, AS DISCLOSED BY SAN DIEGO COUNTY
LOCAL AGENCY FORMATION COMMISSION CERTIFICATE OF COMPLETION
RECORDED SEPTEMBER 5, 1986 AS FILE NO. 86-390249 OF OFFICIAL
RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER
PARTICULARS.
13. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL PRINCIPAL SUM OF $(NOT SHOWN), AND ANY OTHER AMOUNTS OR OBLIGATIONS SECURED THEREBY, RECORDED SEPTEMBER 12, 1986 AS FILE NO. 86-402145 OF OFFICIAL RECORDS.
DATED : SEPTEMBER 17, 1985
TRUSTOR: ESPOSITO PROPERTIES
TRUSTEE : T.D. SERVICE COMPANY, A CALIFORNIA CORPORATION
BENEFICIARY: SAN DIEGUITO UNION HIGH SCHOOL DISTRICT
s SAID DEED OF TRUST IS SUBORDINATE TO THE DEED OF TRUST RECORDED
SEPTEMBER 21, 1986 AS FILE NO. 86-402145 OF OFFICIAL RECORDS, BY
THE TERMS OF A SUBORDINATION AGREEMENT RECORDED APRIL 23, 1987 AS
FILE NO. 87-222472 OF OFFICIAL RECORDS.
14. COVENANTS, CONDITIONS AND RESTRICTIONS, BUT DELETING
’ RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION OR NATIONAL ORIGIN, IN AN INSTRUMENT RECORDED APRIL 23, 1987 AS FILE NO.
87-222473 OF OFFICIAL RECORDS.
15. COVENANTS, CONDITIONS AND RESTRICTIONS, BUT DELETING
.RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION OR NATIONAL
ORIGIN, IN AN INSTRUMENT RECORDED APRIL 23, 1987 AS FILE NO.
87-222474 OF OFFICIAL RECORDS.
PAGE 5
CLTA GUARANTEE ORDER NO. 924162-15
16. COVENANTS, CONDITIONS AND RESTRICTIONS', BUT DELETING
RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION OR NATIONAL
ORIGIN, IN AN INSTRUMENT RECORDED APRIL 28, 1987 AS, FILE NO.
87-231302 OF OFFICIAL RECORDS.
PAGE 6
CLTA GUARANTEE ORDER NO. 924162-15
SAID NECESSARY PARTIES (OTHER THAN THOSE HAVING A CLAIM OR INTEREST BY REASON OF MATTERS SHOWN IN EXCEPTIONS NUMBERED 1 THROUGH 16) TO BE
MADE DEFENDANTS IN SAID ACTION TO BE BROUGHT BY THE CITY OF CARLSBAD AS PLAINTIFF, ARE AS FOLLOWS:
1) TITLE INSURANCE & TRUST COMPANY TRUSTEE UNDER ITEM #11
925 "B" STREET P.O. BOX 1150
SAN DIEGO, CALIFORNIA 92112
2) LESLIE V. ESPOSITO AND FILOMENA C. ESPOSITO HUSBAND AND WIFE AS BENEFICIARIES UNDER ITEM #11
2934 EAST FIRST STREET LONG BEACH, CALIFORNIA 90803
3) T.D. SERVICE COMPANY, A CALIFORNIA CORPORATION
TRUSTEE UNDER ITEM #13
P.O. BOX 6340 ORANGE, CALIFORNIA 92667
4) SAN DIEGUITO UNION HIGH SCHOOL DISTRICT AS BENEFICIARY UNDER ITEM #13
625 NORTH WLCAN AVENUE LEUCADIA, CALIFORNIA 92024
5) THE CALIFORNIA COASTAL COMMISSION UNDER THOSE CERTAIN AGREEMENTS, UNDER ITEM #14 AND 15
1333 CAMINO DEL RIO SOUTH, SUITE 125
SAN DIEGO, CALIFORNIA 92108
6) THE CITY OF ENCINITAS
. UNDER THAT CERTAIN AGREEMENT, UNDER ITEM #16
543 ENCINITAS BOULEVARD, SUITE 109
ENCINITAS, CALIFORNIA 92024
~' 7) ADNAN S.. KHATIB UNDER THAT CERTAIN AGREEMENT, UNDER ITEM #9
2366 WEST BROADWAY ANAHEIM, CALIFORNIA 92804
PAGE 7
'-:,,&? , , I I. . -. ' '
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CLTA GUARANTEE ORDER NO. 924162-15
THE LAND REFERRED TO IN THIS GUARANTEE IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
LOT 6 IN SECTION 34, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO
MERIDIAN, PARTIALLY IN THE CITY OF ENCINITAS AND PARTIALLY IN THE
CITY OF CARLSBAD, ALL IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF.
PAGE 8
'3, / a
CLTA GUARANTEE
*
ORDER NO. 924162-15
FIVE YEAR CHAIN
1) GRANT DEED FROM LESLIE V. ESPOSITO AND FILOMENA C. ESPOSITO,
HUSBAND AND WIFE TO LESLIE V. ESPOSITO, JR., AN UNMARRIED MAN, AN
UNDIVIDED 3.81%, RECORDED DECEMBER 18, 1984 AS FILE NO. 84-471026
OF OFFICIAL RECORDS.
2) GRANT DEED FROM LESLIE V. ESPOSITO AND FILOMENA C. ESPOSITO,
HUSBAND AND WIFE TO LUCIANN MAULHARDT, A MARRIED WOMAN AS HER
SEPARATE PROPERTY , AN UNDIVIDED 3.81% INTEREST, RECORDED
DECEMBER 18, 1984 AS FILE NO. 84-471027 OF OFFICIAL RECORDS.
3) GRANT DEED FROM LESLIE V. ESPOSITO AND FILOMENA C. ESPOSITO,
HUSBAND AND WIFE TO MICHAEL JOSEPH ESPOSITO, A MAXRIED MAN AS HIS
' SEPARATE PROPERTY, AN UNDIVIDED 3.81% INTEREST, RECORDED
DECEMBER 18, 1984 AS FILE NO. 84-471028 OF OFFICIAL RECORDS.
4) GRANT DEED FROM LESLIE V. ESPOSITO AND FILOMENA C. ESPOSITO,
HUSBAND AND WIFE TO GINA MARIE CAPPANELLI, A MARRIED WOMAN AS HER
SEPARATE PROPERTY, AN UNDIVIDED 3.81% INTEREST, RECORDED
DECEMBER 18, 1984 AS FILE NO. 84-471029 OF OFFICIAL RECORDS.
5) GRANT DEED FROM LESLIE V. ESPOSITO AND FILOMENA C. ESPOSITO,
HUSBAND AND WIFE TO VINCENT ANTHONY ESPOSITO, A MARRIED MAN AS
HIS SEPARATE PROPERTY, AN UNDIVIDED 3.81% INTEREST, RECORDED
DECEMBER 18, 1984 AS FILE NO. 84-471030 OF OFFICIAL RECORDS.
6) GRANT DEED FROM LESLIE V. ESPOSITO AND FILOMENA C. ESPOSITO,
HUSBAND AND WIFE TO JAMES CARL ESPOSITO, A MARRIED MAN AS HIS
SEPARATE PROPERTY, AN UNDIVIDED 3.81% INTEREST, RECORDED
DECEMBER 18, 1984 AS FILE NO. 84-471031 OF OFFICIAL RECORDS.
7) GRANT DEED FROM VINCENT ANTHONY ESPOSITO, A MARRIED MAN, DEALING
WITH HIS SEPARATE PROPERTY TO ESPOSITO PROPERTIES, A CALIFORNIA
GENERAL PARTNERSHIP, AN UNDIVIDED 3.81% INTEREST, RECORDED
JANUARY 23, 1985 AS FILE NO. 85-022760 OF OFFICIAL RECORDS.
8) GRANT DEED FROM LUCIA" MAULHARDT, A MARRIED WOMAN, DEALING WITH '
HER SEPARATE PROPERTY TO ESPOSITO PROPERTIES, A CALIFORNIA
GENERAL PARTNERSHIP, AN UNDIVIDED 3.81% INTEREST, RECORDED
JANUARY 23, 1985 AS FILE NO. 85-022761 OF OFFICIAL RECORDS.
9) .GRANT DEED FROM GINA MARIE CAPPANELLI, A MARRIED WOMAN, DEALING
WITH HER SEPARATE PROPERTY TO ESPOSITO PROPERTIES, A CALIFORNIA
GENERAL PARTNERSHIP, AN UNDIVIDED 3.81% INTEREST, RECORDED
JANUARY 23, 1985 AS FILE NO. 85-022762 OF OFFICIAL RECORDS.
PAGE 9
CLTA GUARANTEE ORDER NO. 924162-15
IO) GRANT DEED FROM LESLIE V. ESPOSITO, JR., AN UNMARRIED MAN,
DEALING WITH HIS SEPARATE PROPERTY TO ESPOSITO PROPERTIES, A
CALIFORNIA GENERAL PARTNERSHIP, AN UNDIVIDED 3.81% INTEREST,
RECORDED JANUARY 23, 1985 AS FILE NO. 85-022763 OF OFFICIAL
RECORDS.
11) GRANT DEED FROM JAMES CARL ESPOSITO, A MARRIED MAN, DEALING WITH
HIS SEPARATE PROPERTY TO ESPOSITO PROPERTIES, A CALIFORNIA
GENERAL . PARTNERSHIP, UNDIVIDED 3.81% INTEREST, RECORDED
JANUARY 23, 1985 AS FILE NO. 85-022764 OF OFFICIAL RECORDS.
12) GRANT DEED FROM MICHAEL JOSEPH ESPOSITO, A MARRIED MAN, DEALING
WITH HIS SEPARATE PROPERTY TO ESPOSITO PROPERTIES, A CALIFORNIA
GENERAL PARTNERSHIP, AN UNDIVIDED 3.81% INTEREST, RECORDED
JANUARY 23, 1985 AS FILE NO. 85-022765 OF OFFICIAL RECORDS.
13) QUITCLAIM DEED FROM LESLIE V. ESPOSITO AND FILOMENA C. ESPOSITO,
HUSBAND AND WIFE, STILL HOLDS 17.14% INTEREST TO ESPOSITO
PROPERTIES, A CALIFORNIA GENERAL PARTNERSHIP HAS 82.86% INTEREST,
RECORDED JULY 12, 1985 AS FILE NO. 85-249140 OF OFFICIAL RECORDS.
14) QUITCLAIM DEED FROM LESLIE V. ESPOSITO AND FILOMENA C. ESPOSITO,
HUSBAND AND WIFE TO LESLIE V. ESPOSITO, JR., AN UNMARRIED MAN, AN
UNDIVIDED 2.856% INTEREST, RECORDED JULY 12, 1985 AS FILE NO.
85-249142 OF OFFICIAL RECORDS.
15) QUITCLAIM DEED FROM LESLIE V. ESPOSITO AND FILOMENA C. ESPOSITO,
HUSBAND AND WIFE TO LUCIA" MAULHARDT, A MARRIED WOMAN AS HER
SEPARATE PROPERTY, AN UNDIVIDED 2.857% INTEREST, RECORDED
JULY 12, 1985 AS FILE NO. 85-249143 OF OFFICIAL RECORDS.
16) QUITCLAIM DEED FROM LESLIE V. ESPOSITO AND FILOMENA C. ESPOSITO,
HUSBAND AND WIFE TO VINCENT ANTHONY ESPOSITO, A MARRIED MAN AS
HIS SEPARATE PROPERTY, AN UNDIVIDED 2.857% INTEREST, RECORDED
JULY 12, 1985 AS FILE NO. 85-249144 OF OFFICIAL RECORDS.
17) QUITCLAIM DEED FROM LESLIE V. ESPOSITO AND FILOMENA C. ESPOSITO,
HUSBAND AND WIFE TO JAMES CARL ESPOSITO, A MARRIED MAN AS HIS
SEPARATE PROPERTY, AN UNDIVIDED 2.856% INTEREST, RECORDED
JULY 12., 1985 AS FILE NO. 85-249145 OF OFFICIAL RECORDS.
18) QUITCLAIM DEED FROM LESLIE V. ESPOSITO AND FILOMENA C. ESPOSITO,
HUSBAND AND WIFE TO GINA MARIE CAPPANELLI, A MARRIED WOMAN AS HER
SEPARATE PROPERTY, AN UNDIVIDED 2.857% INTEREST, RECORDED - JULY 12, 1985 AS FILE NO. 85-249146 OF OFFICIAL RECORDS.
PAGE 10
.CLTA GUARANTEE ORDER NO. 924162-15
19) QUITCLAIM DEED FROM LESLIE V. ESPOSITO AND FILOMENA C. ESPOSITO, HUSBAND AND WIFE TO MICHAEL JOSEPH ESPOSITO, A MAFZRIED MAN AS HIS
SEPARATE PROPERTY, AN UNDIVIDED 2.857% INTEREST, RECORDED JULY 12, 1985 AS FILE NO. 85-249147 OF OFFICIAL RECORDS.
20) QUITCLAIM DEED FROM LUCIA" MAULKARDT, A MARRIED WOMAN, DEALING WITH HER SEPARATE PROPERTY TO ESPOSITO PROPERTIES, A CALIFORNIA GENERAL PARTNERSHIP, AN UNDIVIDED 2.857% INTEREST, RECORDED JULY 12, 1985 AS FILE NO. 85-249148 OF OFFICIAL RECORDS.
21) QUITCLAIM DEED FROM VINCENT ANTHONY ESPOSITO, A MARRIED MAN, DEALING WITH HIS SEPARATE PROPERTY TO ESPOSITO PROPERTIES, A
CALIFORNIA GENERAL PARTNERSHIP, AN UNDIVIDED 2.857% INTEREST, RECORDED JULY 12, 1985 AS FILE NO. 85-249149 OF OFFICIAL RECORDS.
22) QUITCLAIM DEED FROM VINCENT ANTHONY ESPOSITO, A MARRIED MAN, DEALING WITH HIS SEPARATE PROPERTY TO ESPOSITO PROPERTIES, A CALIFORNIA GENERAL PARTNERSHIP, AN UNDIVIDED 2.857% INTEREST, RECORDED JULY 12, 1985 AS FILE NO. 85-249149 OF OFFICIAL RECORDS.
23) QUITCLAIM DEED FROM LESLIE V. ESPOSITO, JR., AN UNMARRIED MAN TO
ESPOSITO . PROPERTIES, A CALIFORNIA GENERAL PARTNERSHIP, AN
UNDIVIDED 2.856% INTEREST, RECORDED JULY 12, 1985 AS FILE NO.
85-249150 OF OFFICIAL RECORDS.
24) QUITCLAIM DEED FROM GINA MARIE CAPPANELLI, A MARRIED WOMAN, DEALING WITH HER SEPARATE PROPERTY TO ESPOSITO PROPERTIES, A
CALIFORNIA GENERAL PARTNERSHIP, AN UNDIVIDED 2.857% INTEREST,
RECORDED JULY 12, 1985 AS FILE NO. 85-249151 OF OFFICIAL RECORDS.
25) QUITCLAIM DEED FROM JAMES CARL ESPOSITO, A MARRIED MAN, DEALING WITH HIS SEPARATE PROPERTY TO ESPOSITO PROPERTIES, A CALIFORNIA ,GENERAL PARTNERSHIP, AN UNDIVIDED 2.856% INTEREST, RECORDED
JULY 12, 1985 AS FILE NO. 85-249152 OF OFFICIAL RECORDS.
26) QUITCLAIM DEED FROM MICHAEL JOSEPH ESPOSITO, A MARRIED MAN,
DEALING WITH HIS SEPARATE PROPERTY TO ESPOSITO PROPERTIES, A
CALIFORNIA GENERAL PARTNERSHIP, AN UNDIVIDED 2.857% INTEREST,
RECORDED JULY 12, 1985 AS FILE NO. 85-249153 OF OFFICIAL RECORDS.
PAGE 11
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;CITY CLERK
CITY OF CARLSBAD
1200 ELM AVENUE
CARLSBAD, CA 92000
NO TRANSFER TAX DUE
Assessor's Parcel
NO. 216-110-33E34
0 EXHIBIT "D"
-SPACE ABOVE FOR RECORDER'S USE ONLY-
EASEMENT FOR PUBLIC HIGHWAY
Project LA COSTA AVENUE
W.O. No. 3208
ESPOSITO PROPERTIES
hereinafter called GRANTOR (S), do(es) hereby grant, convey and dedicate to the CITY OF
CARLSBAD, State of California, hereinafter called GRANTEE, an easement for public highway
and public utility purposes and incidents thereto, upon, over and across that certain real
property within the CITY OF CARLSBAD, State of California, described as follows:
PARCEL I:
That portion of Lot 6 of the Northeast Quarter of the Southwest Quarter of Section 34,
Township 12 South, Range 4 West, San Bernardino Base and Meridian, in the County of San
Diego, State of California, according to the United States Government Survey thereof, lying
within the following described property:
Commencing at the Northwesterly corner of said Lot 6; thence South 00°57'12" East along the
Westerly tine 34.70 feet to the TRUE POINT OF BEGINNING; thence North 72O58'54" East
154.41 feet to the beginning of a tangent 1,440 foot radius curve concave Southerly: thence
Easterly along said curve through a central angle of 18°11'59" a distance of 457.41 feet;
thence South 88O49'07" East 404.45 feet; thence South B9O57'52'' East 300.06 feet: thence
South 88°49'07" East 24.45 feet to the Easterly line of said Lot 6; thence South OOO37'38"
East along the Easterly line 108.73 feet; thence North 89O33'58" West, 5.22 feet to a point on
the arc of a non-tangent, 20.00 foot radius curve, concave Southwesterly, a radial line to
said point bears South 89°33158" East; thence Northwesterly along the arc of said curve
through a central angle of 89O15'09" a distance of 31.15 feet; thence North 0lo10'53'' East;
3;OO feet; thence North 08°49'071' West, 652.67 feet to a point herein designated Point "A";
thence' continuing North 88°49'0711 West, 50.00 feet to a point designated Point 'IB"; thence
contlnuing North 88O49'07" West, 4.45 feet to the beginning of a tangent, 1,360.00 foot
radius curve, concave Southerly; thence Westerly along the arc of said curve through a
central angle of 18°11t591f a distance of 432.00 feet; thence tangent to said curve South
72'58'54" West, 177.45 feet to the Westerly line of said Lot 6; thence North 00°57'12" West
along the Westerly line 03.25 feet to the TRUE POINT OF BEGINNING.
I
TOGETHER with the privilege and rig t to extend drainage structures anG excavation and
embankment slopes 35 feet beyond the limits of the herein described right-of-way where
required for the construction and maintenance of said public highway.
PARCEL 11:
TOGETHER with that portion of said Lot 6 lying 10.00 feet Southerly of and parallel and
concentric with the following described line:
BEGINNING at said Point IIAll; tfience North 88O49'07" West, 54.45 feet to the beginning of a
tangent, 1,360 foot radius curve, concave Southerly; thence Westerly along the arc of said
curve through a central angle of 78°11'59" a distance of 1132.00 feet; thence tangent to said
curve South 72O58'54"' West, 120.85 feet to the POINT OF TERMINUS.
PARCEL 111:
ALSO TOGETHER with that portion of said Lot G lying within a 40.00 foot wide strip of land
lying Southerly of and parallel to and concentric with the following described line:
Commencing at said Point I'B"; thence South 01°10'53" \?est, 10.00 feet to the TRUE POINT
OF BEGINNING 1; thence North 80°49'07" West, 4.45 feet to the beginning of a tangent,
1,350.00 foot radius curve, concave Southerly; thence \'Jesterly along the arc of said curve
through a central angle of 11°[12'52" a distance of 276.02 feet to the POINT OF TERMINUS 1.
Said 40.00 foot wide strip of land is required for the placement of the tiebacks for the
cribwall. For the exact location of the tiebacks, see City of Carlsbad Drawing No. 270-5 on
file in the Office of the City Engineer of said City. There shall be no excavation, building,
or construction of any kind within said 40.00 foot wide strip of land without the approval of
the City Engineer of the City of Carlsbad.
All as shown for convenience sake on Exhibit I1A" attached hereto and made a part hereto by
this reference.
Dated this day of , 19
STATE OF 1 Courlty of s5*
On * 19 , bcforo me, the undersigned, a Notary Public In and for said C ountv and State. Dersoxv ameared
personally known to me (or proved to me on the basls of satisfactory cvldencc) to be
the personls) whosh name(s) is/are subscribed to the wtthin Instrument and acknowledged
to me that helshelthey executed the same,
Wltness my hand and officlal seal.
Notary Public In and for said C ounty and St ate
Thls Is to certify that tho Interest In roal property conveyed by tho forcgolng easemcnt to
the Clty of Carlsbad, B munlclpal corporatlon Is hereby acccptcd by .the City Councll of
said city of Carlsbad, California pursuant to Rcsoiutlon No. adopted on , and thc GrantOe consents to recordation thereof I)y Its duty authorlzcd
officer.
k
I I. I *
WItLhDAPB ASSOCIATE8
CONSULTING EHOINEERS & PLANNERS W uu wtHmOC wnm.urcaoo,c*nvn m.11~
EXHIBIT "A"
I I
.. . . .. ._
' T! 115 irdSTRUMf3'T TO:
- I' '" \ * '0
:LCITY CLERK
CITY OF CARLSBAD
1200 ELM AVENUE CARLSBAD, CA 92008
!
' EXHIBIT "E"
EASEMENT FOR GRADING, LANDSCAPING AND IRRIGATION
Assessor's Parcel
NO. 21 6-1 10-33
Project LA COSTA AVENUE MITIGATION
W.O. No. 36022
ESPOSITO PROPERTIES, a California general partnership
hereinafter called GRANTOR, do(es) hereby grant, convey and dedicate to the CITY OF CARLSBAD, State of California, hereinafter called GRANTEE, an easement for grading,
landscaping and irrigation purposes and inciderits. thereto, upon, over and across that
certain real property within the CITY OF CARLSBAD, State of California, described as
follows:
That portion of Lot 6 of Section 34, Township 12 South, Range 4 West, San Bernadino
Base and Meridian, in the City of Carlsljad, County of San Diego, State of California,
according to the Official Plat thereof, described as follows:
PARCEL 1 (EXHIBIT A) (WETLANDS)
Commencing at the Southwest Corner of Lot I4 of said Section 34; thence along the
Northerly'line of said Lot 6, North 68O39'36" East, 231.85 feet to the TRUE POINT OF
BEGINNING I; thence continuing along said Northerly line, North 68O39'36" East, 88.15
feet; thence South 86°50'!i01t East, 142.91 feet to a point herein designated Point "AI';
thence South 69°241461t West, 198.91 feet; thence Nortli 56°00'0U11 West, 65.00 feet; thence
North 58°30'001' East, 17.95 fec,:t to the TRUE POlNT OF BEGINNING 1.
TOGcTtiER with that portion of said Lot 6, described as follows:
Commencing at said Point ltAtt; thence South OGo'50t501' East, 8.53 fcct to the TRUE POINT
OF BEGINNING 11; thence continuing South 86°50'50tt East, 224.04 feet; thence South
59°00!00t1 East, 28.84 feet; thence North 89°00tO011 West, 21 5,OO feet; thence North
55°00'00" West, 40.0h feet to the TRUE POlNT OF BEGINNING li.
ALSO TOGETHER with the riglit of ingress and egress over, under, and across said
Grantor's land (including tiis successors and assigns), arid the right to install, construct,
maintain, repair, replace, reconstruct, and inspect any water supply system or grading
deemed necessary for the mitigation requirements of the California Coastal Commission and
City of Carlsbad.
All as shown for convenience sake on Exhibit "A" and Exhibit "Bt' attached hereto and
made a part hereto by this reference.
._
STATE OF
County of ----------------~lss*
On e 19 , bofors me, tha underolgned, a Notary Public
In snd for sard C ounty ond 51 ate pesomy appoerad
personally known to me [or proved to mo on tho basis of satisfactory ovidonccl to be
the petson(9) whose nema( 9) Islare subocrlbed to the within Instrument and acknowledged
to me that halahslthey executed tho same,
Witness my hand and offlclal ~aal.
Notary PublIc In and for Bald C ounty end State
.. Thls Ir to carttfy that the lntara~t In real propatty convayod by the foregoing aammant 10
thk-Clty of Carlsbed, B munlclpel corporation io horoby sccoptad by the City Councll of wld Clty of Carlrbad, Callfornla pursuent to Ro5olutlon No. adopted on
and tho Cranteo consents to recordation thereof hmuly authorlrod
orricer ,,-
PROPOSED GRADING EASEMENT -1
AREA : 0.201 ACRES
EXHIBIT "A"
A.P.N. 216-110-33
WlLbDAN ASWCIATES .
CONSULTING ENGINEERS L PLANNERS W LW wtm swi 1s. w( w00.c~ nin ra.iin
'- I I 1 #36022
..
I
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0
6
PROPOSED GRADING EASEMENT
AREA ; 0.091 ACRES
A.P.N. 216-110-33
EXHIBIT "8" CONSULTINO ENOIHEERS & PLANNERS wwitH*ICnumrm.uuaroo.untn cn.rin
I' I I #36022
"YEN PECORDED, PLEASE t$ THIS INSTRUMENT TO: 6
2% '
ii
CITY CLERK
CITY OF CARLSBAD
1200 ELM AVENUE
CARLSBAD, CA 92008
NO TRANSFER TAX DUE
L
Assessor's Parcel
NO. 216-110-33E34
EXHIBIT B
-SPACE ABOVE FOR RECORDER'S USE ONLY-
EASEMENT FOR PUBLIC HIGHWAY
Project LA COSTA AVENUE
W.O. No. 3208
ESPOSITO DEVELOPMENT COMPANY , a California limited partnership
hereinafter called GRANTOR(S) , do(es) hereby grant, convey and dedicate to the CITY
OF CARLSBAD, State of California, hereinafter called GRANTEE, an easement for public
highway and public utility purposes and incidents thereto, upon, over and across that
certain real property within the CITY OF CARLSBAD, State of California, described as
fo I lows :
PARCEL I:
That portion of Lot 6 of the Northeast Quarter of the Southwest Quarter of Section 34,
Township 12 South, Range 4 West, San Bernardino Base and Meridian, in the County of
San Diego, State of California, according to the United States Government Survey there-
of, lying within the following described property:
Commencing at the Northwesterly corner of said Lot 6; thence South 00°57'12't East along
the Westerly line 34.70 feet to the TRUE POINT OF BEGINNING; thence North 72O58'54''
East 154.41 feet to the beginning of a tangent 1,440 foot radius curve concave Southerly;
thence Easterly along said curve through a central angle of 18°11t59ff a distance of 457.41
feet; thence South 88O49'07'' East 404.45 feet; thence South 89O57'52" East 300.06 feet;
thence South 88O49'07" East 24.45 feet to the Easterly line of said Lot 6; thence South
OO037'38'' East along the Easterly line 108.73 feet; thence North 89°33t58" West, 5.22 feet
to a point on the arc of a non-tangent, 20.00 foot radius curve, concave Southwesterly, a
radial line to said point bears South 89O33'58" East; thence Northwesterly along the arc of
said curve through a central angle of 89°15'091t a distance of 31.15 feet; thence North
01°10'53" East, 3.00 feet; thence North 88O49'07" West, 652.67 feet to a point herein
designated Point I'AIl; thence continuing North 88O49'07" West, 50.00 feet to a point
designated Point I'B''; thence continuing North 88°49'07't West, 4.45 feet to the beginning
of a tangent, 1,360.00 foot radius curve, concave Southerly; thence Westerly along the
arc of said curve through a central angle of 18°11'59" a distance of 432.00 feet; thence
tangent to said curve South 72O58'54" West, 177.45 feet to the Westerly line of said Lot 6;
thence North 0Oo57'12" West along the Westerly line 83.25 feet to the TRUE POINT OF
BEGINNING.
TOGETHER with the privilege and right to extend drainage structures and excavation and
embankment slopes 35 feet beyond the limits of the herein described right-of-way where
required for the construction and maintenance of said public highway.
PARCEL It:
TOGETHER with that portion of said Lot 6 lying 10.00 feet Southerly of and parallel and
concentric with the following described line:
BEGINNING at said Point llA'I; thence North 88°491071' West, 54.45 feet to the beginning
of a tangent, 1,360 foot radius curve, concave Southerly; thence Westerly along the arc
of said curve through a central angle of 18°11159'1 a distance of 432.00 feet; thence
tangent to said curve South 72O58'54" West, 120.85 feet to the POINT OF TERMINUS.
PARCEL Ill:
ALSO TOGETHER with that portion of said Lot 6 lying within a 40.00 foot wide strip of
land lying Southerly of and parallel to and concentric with the following described line:
Commencing at said Point IIB'l; thence South 01°10'5311 West, 10.00 feet to the TRUE
POINT OF BEGINNING I; thence North 88O49'07" West, 4.45 feet to the beginning of a
tangent, 1,350.00 foot radius curve, concave Southerly; thence Westerly along the arc of
said curve through a central angle of 11O42'52" a distance of 276.02 feet to the POINT OF
TERMINUS 1.
Said 40.00 foot wide strip of land is required for the placement of the tiebacks for the
cribwall. For the exact location of the tiebacks, see City of Carlsbad Drawing No. 270-5
on file in the Office of the City Engineer of said City. There shall be no excavation,
building, or construction of any kind within said 40.00 foot wide strip of land without the
approval of the City Engineer of the City of Carlsbad.
All as shown for convenience sake on Exhibit l1Al1 attached'hereto and made a part hereto
by this reference.
19 87 . - Dated thls 27th day of August
ET.nPMENT COMPAPJY a Ca1 i for-
limited partnership - ESPO CORP. as General PnrtnPr
ESPO CORP.
By: &IYZL C
JArh~s C. EsDosito, President of
ESPO CORP.
ss. 1 STATE OF California
County of San Diego
On Auqust 27 , 19 87 In and for said County and State, persoxi before me, the undersigned,, a Notary PublIc appeared James C. Esposlto
B81?50CMU~-kcle~.le~-(w-proved to me on the basis of satisfactqry evidence) to be
the personC/s? whose name[$)' is/ddd subscribed to the within instrument and acknowledged to me that he/libldVtW4/executed the same.
Witness my hand and official seal.
This Is to certIfy that the interest in real property conveyed by the foregoing easement to
the City of Carisbad, a munlclpal corporation is hereby accepted by the City Council of sald City of Carisbad, California pursuant to Resolution No. O& /3 1987 mcer . , and tho Grantee consents to recordation thereof
I
i
I 1 I
WHEN RECORDED, PLEASE MAIL
0 ; 131s INSTRUMEN-T TO:
4, *
* 'CITY CLERK
CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CA 92008
NOTRANSFER TAX WE
EXHIBIT C
-SPACE ABOVE FUR REC#?ER's USf mi
EASEMENT FOR GRADING, LANDSCAPING AND IRRIGATION
Assessor's Parcel
NO. 216-110-33
Project LA COSTA AVENUE
W.O. No. 36022
ESPOSITO DEVELOPMENT COMPANY, a California limited partnership
hereinafter called GRANTOR(S), do(es) hereby grant, convey and dedicate to the CITY
OF CARLSBAD, State of California, hereinafter called GRANTEE, an easement for gra-
ding, landscaping and irrigation purposes and incidents thereto, upon, over and across
that certain real property within the CITY OF CARLSBAD, State of California, described
as follows:
That portion of Lot 6 of Section 34, Township 12 South, Range 4 West, San Bernardino
Base and Meridian, in the City of Carlsbad, County of San Diego, State of California,
according according to the Official Plat thereof,. described as follows:
PARCEL I (EXHIBIT I'AI') (WETLANDS)
Commencing at the Southwest corner of Lot 14 of said Section 34; thence along the North-
erly line of said Lot 6, North 68O39'36" East, 231.85 feet to the TRUE POINT OF BEGIN-
NING I; thence continuing along said Northerly line, North 68O39'36" East, 88.15 feet;
thence South 86O5O'5O1' East, 142.91 feet to a point herein designated Point llA"; thence
South 69O24'46" West, 198.91 feet; thence North 56°00'0011 West, 65.00 feet; thence North
58O30'OO'' East, 17.95 feet to the TRUE POINT OF BEGINNING 1.
PARCEL II (EXHIBIT I'BI') (RIPARIAN)
TOGETHER with that portion of said Lot 6, described as follows:
Commencing at said Point "A". , thence South 86O50'50" East, 8.53 feet to the TRUE POINT
OF BEGINNING 11; thence continuing South 86°50150'1 East, 224.04 feet; thence South
59°00'00t' East, 28.84 feet; thence North 89°00'00'' West, 215.00 feet; thence North
55°00100'1 West, 40.84 feet to the TRUE POINT OF BEGINNING II.
ALSO TOGETHER with the right of ingress and egress over,. under, and across said Grantor's land (including his successors and assigns), and the right to install, construct, maintain, repair, replace, reconstruct, and inspect any water supply system or grading
deemed necessary for the mitigation requirements of the California Coastal Commission and City of Carlsbad.
All as shown for convenience sake on Exhibit "A" and Exhibit rrBrr attached hereto and made a part hereto by this reference.
Dated this 27th day of August , 19 87 .
FSPflCTTfl TIEVFL(3PMF.NT C(3MPANY R 1 i f ui 8
limited partnership - ESPO CORP. as General
Par tnpr
ESPO CORP.
ESPO CORP
ss. STATE OF CALIFORNIA 1
County of SAN DIEGO
August 27 , 19 87 , before me, the undersl ned, a Notary Public James C. E8posito On in and for sald County and State, persomy appeared
mfYWj:w/ WI P*H f fd/qiql/(,b/ proved to me on the basis of satlsfactory evidence) to be
the person&) whose name,($) islpyg subscribed to the within instrument and acknowledged
to me that he/bHCIDNejr/executed the same.
Wltners my hand and official seal.
\
DIEGO COUNT
Thls Is to certlfy that the Interest In real property c6nvcyed by the foregoing easement to
the Clty of Carlsbad, a municipal corporation Is hereby accepted by the City Council of
, and tho Grantee consents to rccordatlon thereof
sald Clty of Carlsbad, California pursuant to Resolution No.
officer oCzd& /.7 /9B7
PROPOSED GRADING EASEMENT
AREA : 0.201 ACRES
A.P.N. 216-110-33
WILLDAM ASSOCIAT€S .
CCWSULTINQ EWINEERS & PLANNERS w ~om~wmam wutw.unrn mciw EXHIBIT "A"
I I #36022
I
PROPOSED GRADING EASEMENT I]
AREA : 0.091 ACRES
A.P.N. 216-110-33
WILLDAN ASSOCIATES
CONSULTINO ENGINEERS & PLANNERS w w wtcm umt tmtuconoo. unin 4$?.lIW EXHIBIT "8"
I 1 #36022