HomeMy WebLinkAbout1998-03-24; City Council; Resolution 98-791
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RESOLUTION NO. 98-79
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AUTHORIZING AND DIRECTING THE
CONDEMNATION OF CERTAIN REAL PROPERTY INTERESTS
IN THE CITY OF CARLSBAD, STATE OF CALIFORNIA, AND
DECLARING THE PUBLIC NECESSITY THEREOF.
WHEREAS, the City Council of the City of Carlsbad, County of San Diego, State o
6 California, previously adopted Resolution No. 93-206 approving with conditions Tentative Mal
CT 84-32(A), and requiring the developer to provide off-site road easements and construct offsitc
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known and designated as Cobblestone Sea Village; and 9
roads (Aviara Parkway) within said easements in conjunction with the development of its propee
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10 WHEREAS, on January 28, 1997, the City Council of the City of Carlsbad, State c
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interests for the Aviara Parkway project; and ,2
California, adopted Resolution No. 97-40 authorizing and directing the condemnation of propert
13 WHEREAS, subsequent to the adoption of Resolution No. 97-40, it was determined thz
14 additional property interests are necessary for the Aviara Parkway project; and 1) WHEREAS, the City of Carlsbad may exercise the right of eminent domain for thc
15 acquisition of real property or interests therein for street and other purposes pursuant tc
California Government Code Sections 37350 and 37350.5; and 37353; and 16
17 WHEREAS, the real property or interest therein sought to be acquired for the proposer
l8 project are located within the territorial limits of the City of Carlsbad; and
19 WHEREAS, the real property or interests therein sought to be acquired are necessary fc
20 the proposed project; and
21 WHEREAS, the plans for the project in the City of Carlsbad are on file with the Cit
22 Engineer of the City of Carlsbad, California; and
23 WHEREAS, the City of Carlsbad has not provided the owners of the properties a writte
statement and summary of the basis for the amount established as just compensation for th 24 11 properties sought to be acquired because this requirement has been waived by the owners (
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record; and
26 WHEREAS, a formal offer as required by Section 7267.2 of the Government Code of th
27 full amount established as just compensation for the properties has been waived by the ownel
28 of record; and
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1 WHEREAS, a reasonable length of time since the City of Carlsbad announced intent tc
2 acquire the properties has been waived as well as notice requirements, challenge to the City':
3 right to take, formal offer; and
WHEREAS, pursuant to the provisions of the California Code of Civil Procedure Sectior
1245.235, the owners of the properties whose names and addresses appear on the curren
equalized County Assessment Roll, have waived the requirement to be sent a Notice of lntentior
to Adopt a Condemnation Resolution; and
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7 WHEREAS, on July 20, 1993, the City Council of the City of Carlsbad, pursuant to thf
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purpose, and extent of the project is consistent with the City of Carlsbad General Plan; and 9
provisions of the California Government Code, Section 65402, found that the proposed location
10 WHEREAS, on June 4, 1984, pursuant to California Public Resources Code Sectiot
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Environmental Impact Report for the project. 12
21000 and following, the City Council of the City of Carlsbad, California, certified at
13 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad
14 11 California, as follows:
15 II 1. The public interest and necessity require the proposed project.
2. The proposed project is planned and located in a manner which will be mos
16 compatible with the greatest public good and the least private injury.
17 3. The real property or interests therein, hereinafter described in this Resolution, arc
l8 necessary for the proposed project.
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5. The use of all and each and every part of said hereinafter described real propert 20
4. The proposed project is a matter of public necessity.
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authorized by law. 22
or interests therein for the use and purposes of the proposed project is a public use and a us
23 6. The public interest and necessity require that the real property or interests thereir 11 hereinafter described in this Resolution, be taken. 24
BE IT FURTHER RESOLVED by this City of Carlsbad that the law firm of Asaro, Keag!
Freeland, and McKinley, hereinafter referred to as "Special Counsel" be and is, authorizec
empowered, and directed, in the name of the City of Carlsbad, to acquire by donation, purchasf
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27 I I or condemnation, in accordance with the provisions of the Code of Civil Procedure of the State (
28 California relating to eminent domain, the hereinafter described interest in real property;
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To prepare and prosecute in the name of the City of Carlsbad such suit or suits in the
’ proper court having jurisdiction thereof as are necessary to condemn, take, and acquire saic
hereinafter described real property, or any part thereof, for the proposed project;
To make an application to said court for an order determining the amounts of money to bc I deposited as a security for the payment of the just compensation which will be made for the
taking of the real property or any part thereof, or interests therein necessary for the proposec
project and any damage incident thereto, and to make application to said court for an ordel
permitting the City of Carlsbad to take immediate possession of and to use said real property anc
part thereof, or interest therein, sought to be condemned for the proposed project;
The’ real property referred to in this Resolution is situated in the City of Carlsbad, Count)
of San Diego, State of California, and is more particularly described in the parcel description
attached hereto and marked Exhibit “A.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Counc
held on the 24th day of March , 1998 by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Nygaard, Kulchin and Hall
NOES: None
ABSENT: None
I1 ATTEST:
(SEAL)
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448 '
FORM 1283-A
LITIGATION GUARANTEE
S-ULE A (REV. 12/15/95)
ORDER NO. 1132043-11
5. THE LAND RETE9RSD TO IN THIS GUAilANTEE IS DESCRIaED AS
FOLLOWS :
?-ARCEL 1:
THAT PORTION OF PARCELS 1 AND 2 OF CERTIFICATE OF COMPLIANCE
RECORDED SEPTEMBER 27, 1985 AS FILE NO. 85-359768 OF OFFICIAL
RECORDS OF SAN DIEGO COUNTY , IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS :
BEGINNING AT P&J ANGLE POINT IN THE SOUTHERLY BOUNDARY LINE OF
PARCEL 1 OF SAID CERTIFICATE OF COMPLIANCE RECORDED SEPTEMaER 27,
THE EASTERLY TERMI-NUS OF THAT COURSE SHOWN AND DESCRIBED IN SAID
CERTIFICATE OF COMPLIANCE AS NORTH 83'42'01" WEST, 254.06 FEET;
THENCE RETRACING ALONG SAID SOUTHERLY BOUNDARY LINE, NORTH
83'41'35" WEST (RECORD = NORTH 83°42'01" WEST), 61.33 FEET TO TEE
EASTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 86'35'33" WEST;
THENCE LEAVING SAID SOUTHERLY BOUNDARY LINE, NORTHERLY ALONG THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 07O40'49" A DISTANCE OF 195.98 FEET; THENCE NORTH 11°05'16" EAST, 304.06 FEET TO THE
BEGINNING OF A TANGENT 25-00 FOOT RADIUS CURVE CONCAVE
SOUTHWESTERLY; THENCE NORTHERLY AND NORTHWESTERLY ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 95'04'30" A DISTANCE OF 41.48 FEET TO A POINT OF CUSP WITH A 2175.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY A RADIAL LINE TO SAID POINT BEARS NORTH 06°00'46t1 EAST,
SAID POINT BEING ON THE SOUTHERLY RIGHT-OF-WAY LINE OF PALOMAR
AIRPORT ROAD AS DESCRIBED IN DEEDS RECORDED AUGUST 25, 1988 FILE
1985 AS FILE NO. 85-359768 OF OFFICIAL RECORDS, SAID POINT BEING
BEGINNING OF A NON-TANGENT 1462.00 FOOT RADIUS CURVE CONCAVE
NO. 88-426571 AND 88-426572 OF OFFICIAL RECORDS; THENCE EASTERLY
ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE AND THE ARC OF SAID CURVE THROUGH A CENTmL ANGLE OF 00°17'39" A DISTANCE OF 11.17 FEET TO THE BEGINNING OF A COMPOUND 25.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY , A RADIAL LINE TO SAID POINT BEARS NORTH 06 '18 '25"
EAST; THENCE EASTERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 94°46'51" A DISTANCE OF 41.36 FEET;
THENCE CONTINUING ALONG SAID SOUTHERLY RIGHT-OF-WAY THE FOLLOWING SOUTH 11°05'16" WEST, 10.00 FEET; THENCE SOUTH 78O54'44" EAST, 1Q2.00 FEET; THENCE NORTH 11°05'16" EAST, 30.56 FEET TO THE BEGINNING OF A TANGENT 25.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE NORTHERLY A.i.iD NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 87'19'53" A DISTANCE OF 38.11
FEET; THENCE SOUTH 81' 34 I 51" EAST, 9.01 FEET TO A POINT OF CUSP
WITH A 25.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTZRLY A RQIAL LINE
TO SAID POINT BEARS NO- 08O25'09" EAST; THENCE LEAVING SAID ~- -- -
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4 449 1
FORM 12 83 -A
LITIGATION GUARANTEE
SCHEDULE A (W. 12/15/95)
ORDER NO. 1132043-11
SOUTHSRLY RIGST-OF-WAY LINE WESTERLY, ALVD SOUTHWESTZZLY ALONG THE ARC OF SAID CURVE THROUGH A CSNTRAL ANGLE OF 87O19'53" A DISTANCE OF 38.11 FEET; THENCE SOUTE 11'05'16" WEST, 150.40 FEET TO THE BEGINNING OF A TANGENT 45 -00 FOOT RADIUS CURVE CONCAVE
NORTHWESTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH
A CENTRAL ANGLE OF 29O22'30" A DISTANCE OF 23.07 FEET TO THE
BEGINNING OF A REVERSE 25.00 FOOT RADIUS CURVF CONCAVE
SOUTHEASTERLY A RADIAL LINE TO SAID POINT BEARS NORTH 49'32 I 14"
WEST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 29O22'30" A DISTANCE OF 12.82 FEET; THENCE SOUTH
11°05'1611 WEST, 181.26 FEET TO THE BEGINNING OF A TANGENT 1349.00
FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE SOUTHERLY ALONG THE ARC
OF SAID CURVE T-HROUGH A CENTRAL ANGLE OF 06'18' 04" A DISTANCE OF 148.36 FEET TO A POINT ON THE SOUTHERLY BOUNDARY LINE OF SAID 2-4RCEL 1; THENCE ALONG SAID SOUTHERLY BOUNDARY LINE, NORTH
51°37'18" WEST (RECORD= NORTH 81'37'46" WEST) , 46.97 FEET TO THE
2OINT OF BEGINNING.
PARCEL 2:
AN EASEMENT FOR DRAINAGE PURPOSES OVER A STRIP OF LAND 20.00 FEET
WIDE IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, BEING THAT PORTION OF PARCEL D OF PARCEL MAP NO. 2993,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON AUGUST
23, 1974 AS FILE NO. 74-230326, THE CENTERLINE BEING DESCRIBED AS FOLLOWS :
COMMENCING AT THE MOST WESTERLY CORNER OF PARCEL 1 OF PARCEL MAP NO. 15661, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY ON MAY 5, 1989 AS FILE NO. 89-239677, SAID POINT BEING ON
THE WESTERLY SIDELINE OF A 102.00 FOOT WIDE EASEMENT FOR ROADWAY PURPOSES AS SHOWN AND DEDICATED PER SAID PARCEL MAP NO. 15661, SAID POINT ALSO BEING A P-OINT ON A 1,451.00 FOOT RADIUS CURVE, CONCAVE
EASTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 80'16'25" WEST;
THENCE ALONG THE NORTHWESTERLY LINE OF SAID PARCEL 1, NORTH
71O35'51" EAST, 103.27 FEET TO THE EASTERLY SIDELINE OF SAID 102.00
FOOT WIDE ROADWAY EASEMENT, SAID POINT BEING THE BEGINNING OF A
NON-TANGENT 1,349.00 FOOT RADIUS CURVE CONCAVE EASTERLY, A RADI-AL
LINE OF SAID CURVE TO SAID POINT BEARS SOUTH 80'56'07" WEST; SAID
POINT BEING ON THE EASTERLY RIGHT-OF-WAY LINE OF AVIARA PARKWAY PER
CTTY OF CARLSBAD PROJECT NO. PR 3.4.257 AND PROJECT NO. PR 3.4.256;
THENCE NORTHERLY ALONG SAID EASTERLY SIDELINE AND THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 20 ' 0 9 I 09 I' AN ARC LENGTH OF 474 - 48
FEET; THENCE TANGENT TO SAID CURVE NORTH 11 O 0 5 ' 16 'I EAST , 18 1.2 6
FEET TO A TANGENT 25.00 F.OOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCI-: NORTHEASTERLY F-LO SAID CURVE THROUGd A CENTXAL ANGLE OF
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FORM 1283 -A
LITIGATION GUARANlZE
SCHEDULE A (REV. 12/15/95)
ORDER NO. 1132043-11
29022'30tt AN ARC LEXGTH OF i2.82 FEET TO A POINT OF REVERSE CURVE
EAVING A RADIUS OF 43-00 FEET; THENCE NORTHEASTERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 29O22'30" AN ARC LENGTH OF 23.07
FEET; THENCE TANGENT TO SAID CURVE NORTH 1l0O5'16" EAST, 117.07
FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID EASTERLY
45.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 70 o 03 ' 55 'I AN ARC LENGTH
OF 55.03 FEET; THENCE TANGENT TO SAID CURVE NORTH 8 O25 ' 09" EAST,
10.25 FEET TO A POINT ON THE SOUTHERLY SIDELINE OF PALOMAR AIRPORT
ROAD PER DOCUMENT RECORDED AUGUST 25, 1988, AS FILE NO. 88-426571
OF OFFICIAL RECORDS, SAID POINT BEING THE POINT OF TERMINUS OF SAID
CENTERLINE.
THE SICELINES OF SAID 20.00 FOOT WIDE STRIP OF LAND SHALL BE LENGTHENED OR SHORTENED AS NECESSARY SO AS TO TERMINATE
SOUTHWESTERLY IN THE EASTERLY SIDELINE OF AVIARA PARKWAY PER CITY
PROJECT NO. PR 3.4.256 SAID EASTERLY SIDELINE BEARS NORTH 11°05'16"
EAST THROUGH THE TRUE POINT OF BEGINNING AND TERMINATE NORTHERLY IN
THE SOUTHERLY SIDELINE OF PALOMAR AIRPORT ROAD.
RIGFIT-OF-WAY LINE, NORTH 78°29'04" EAST, 13.41 FEET TO A TANGENT
PARCEL 3 :
AN EASEMENT FOR SLOPE PURPOSES OVER A PORTION OF PARCELS 1 AND 2 OF
CERTIFICATE OF COMPLIANCE RECORDED SEPTEMBER 27, 1985 AS FILE NO.
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT AN ANGLE POINT IN THE SOUTHERLY BOUNDARY LINE OF
PARCEL 1 OF SAID CERTIFICATE OF COMPLIANCE RECORDED SEPTEMBER 27,
THE EASTERLY TERMINUS OF THAT COURSE SHOWN AND DESCRIBED IN SAID
CERTIFICATE OF COMPLIANCE AS NORTH 83O42'01" WEST, 254.06 FEET;
THENCE RETRACING ALONG SAID SOUTHERLY BOUNDARY LINE, NORTH
85-359768 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY, IN THE CITY OF
1985 AS FILE NO. 85-359768 OF OFFICIAL RECORDS, SAID POINT BEING
83O41'35" WEST (RECORD= NORTH 83O42'01" WEST), 61.33 FEET TO THE
BEGINNING OF A NON-TANGENT 1462.00 FOOT RADIUS CURVE CONCAVE EASTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 86O35'33" WEST;
THENCE LEAVING SAID SOUTHERLY BOUNDARY LINE, NORTHERLY ALONG THE
ARC OF SAID CURW, THROUGH A CENTRAL ANGLE OF 06°01'17", A DISTANCE
OF 153 -65 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING
NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 01°39'3211 A DISTANCE OF 42.33 FEET; THENCE NORTH 11°05'16t1 EAST,
304.05 FEET TO THE BEGINNING OF A TANGENT 25.00 FOOT RADIUS CURVE
CONCAVE SOUT'mESTERLY; THENCE NORTHERLY AND NORTHWESTERLY ALONG THE
ARC OF SAID CURVE TEROUGT- CENTRAL ANGLE OF 790351381t A DISTANCE
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- 451'
FORM 1283-A
LITIGATION GUARANTEE
SCHEDULE A (REX. 12/15/95)
ORDER NO. 1132043-11
OF 34.73 FEET; THENCE SOUTX 12°i7'34" WEST, 245.05 FEET; THENCE
SOUTH 16000,3571 WEST, 48-55 FEET; THENCE SOUTH 89050/0711 WEST,
115.00 FEET; THENCE SOUTH 11O07'25" WEST, 53.00 FEET; THENCE SOUTH
71°12'10" EAST, 105.05 FEET; THENCE NORTH 83O32'21" EAST, 40.00
FSET TO THE TRUE POINT OF BEGINNING.
PARCEL 4:
A?J EASEMENT FOR SLOPE PURPOSES OVER A PORTION OF PARCELS 1 AND 2 OF
CERTIFICATE OF COMPLIANCE RECORDED SEPTEMBER 27, 1985 AS FILE NO.
85-359768 OF OFFICIAL RECORDS, IN THE CITY OF CARLSBFB, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCING AT AN ANGLE POINT IN THE SOUTHERLY BOUNDARY LINE OF
PARCEL 1 OF SAID CERTIFICATE OF COMPLIANCE RECORDED SEPTEXBER 27,
TXE EASTERLY TERMINUS OF THAT COURSE SHOWN AND DESCRIBED IN SAID
CERTIFICATE OF COMPLIANCE AS NORTH 83'42'01" WEST, 254.06 FEET;
THENCE RETRACING ALONG SAID SOUTHERLY BOUNDARY LINE, NORTH
83°41'35" WEST (RECORD= NORTH 83O42'01" WEST) , 81.33 FEET TO THE
TRUE POINT OF BEGINNING; THENCE RETRACING ALONG SAID SOUTHERLY
BOUNDARY LINE, SOUTH 83O41'35" EAST (RECORD= NORTH 83'42'01" WEST),
20.00 FEET TO THE BEGINNING OF A NON-TANGENT 1462.00 FOOT RADIUS
CURVE CONCAVE EASTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH
NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02°11'09r7, A DISTANCE OF 55.78 FEET; THENCE NORTH 72'36'17" WEST,
9.16 FEET; THENCE SOUTH 15O26'47" WEST, 58.25 FEET TO THE TRUE
POINT OF BEGINNING.
PARCEL 5:
AN EASEMENT FOR SLOPE PURPOSES OVER A PORTION OF PARCELS 1 AND 2 OF CERTIFICATE OF COMPLIANCE RECORDED SEPTEMBER 27, 1985 AS FILE NO.
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT AN ANGLE POINT IN THE SOUTHERLY BOUNDARY LINE OF P,qRCEL 1 OF SAID CERTIFICATE OF COMPLIANCE RECORDED SEPTENBER 27, 19-85 AS FILE NO. 85-359758 OF OFFICIAL RECORDS, SAID POINT BEING
THE EASTERLY TERMINUS OF TEAT COURSE SHOWN AND DESCRIBED IN SAID
CERTIFICATE OF COMPLIANCE AS NORTH 83'42'01" WEST, 254.06 FEET;
T9ENCE ALONG SAID SOUTHERLY BOUNDARY LINE, SOUTH 81O37 I 18 1f EAST
BEGINNING; THENCE RETRACQ-G ALONG SAID SOUTHERLY BOUNDARY LINE,
1985 AS FILE NO. 85-359768 OF OFFICIAL RECORDS, SAID POINT BEING
a6035 / 33 11 WEST; THENCE LEAVING SAID SOUTHERLY BOUNDARY LINE
85-359768 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY, IN THE CITY OF
(RECORD= NORTH 81'37 ' 46" .*WEST) , 78.97 FEET TO THE TRUE POINT OF
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.* 452
FORM 1283-A
LITIGATION GUARANTEE
SCIHKDULE A (REV. 12/15/95)
ORDER NO. 1132043-11
NCXIT 81O37'18" WEST, 32.00 FEE?? TO THE BEGINNING OF A NON-TANGENT
1343.00 FOOT mmus CURVE CONCAVE EASTERLY A RADIAL LINE TO SAID
POINT BEARS NORTH 85°12'48" WEST; THENCE LEAVING SAID SOUTHERLY
BCUKVG?" LINE, NORTHERLY ALONG T'dE ARC OF SAID CURVE THROUGH A
CENTDL ANGLE OF 02O23'33" A DISTANCE OF 56.33 FEET; THENCE SOUTH
72O3-5'17" EAST, 25.00 FEET; TEENCE SOUTH 02°04'4411 EAST, 53.24 FEET
TO THE TRUE POINT OF BEGINNING.
PARCEL 6 :
-4N EASEMENT FOR SLOPE PURPOSES OVER A PORTION OF PARCELS 1 AND 2 OF
CERTIFICATE OF COMPLIANCE RECORDED SEPTEMBER 27, 1985 AS FILE NO.
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMXEXCING AT AN ANGLE POINT IN THE SOUTHERLY BOUNDARY LINE OF
PARCZL 1 OF SAID CERTIFICATE OF COMPLIANCE RECORDED SEPTEMBER 27,
THE EASTERLY TERMINUS OF THAT COURSE SHOWN AND DESCRIBED IN SAID
CERTIFICATE OF COMPLIANCE AS NORTH 83O42'01" WEST, 254.06 FEET;
THENCE ALONG SAID SOUTHERLY BOUNDARY LINE, SOUTH 81O37' 18" EAST
(RECORD= NORTH 81O37' 46 I' WEST) , 46.97 FEET TO THE BEGINNING OF A
NON-TANGENT 1349.00 FOOT RADIUS CURVE CONCAVE EASTERLY, A RADIAL
LINE TO SAID POINT BEARS NORTH 85°12'48" WEST; THENCE LEAVING SAID
SOUTBERLY BOUNDARY LINE, NORTHERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 06°18'04", A DISTANCE OF 148.36 FEET;
THENCE NORTH 11°05'1611 EAST, 130.00 FEET TO THE TRUE POINT OF
BEGINNING; THENCE CONTINUING NORTH 11°05'16" EAST, 51.26 FEET TO THE BEGINNING OF A TANGENT 25 -00 FOOT RADIUS CURVE CONCAVE
EASTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 29O22'30" A DISTANCE OF 12.82 FEET TO THE
BEGINNING OF A REVERSE 45 .OO FOOT RADIUS CURVE CONCAVE
NORTXWESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 49O32 '14"
EAST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A
CZNTXAL WGLE OF 29O22'30" A DISTANCE OF 23.07 FEET; THENCE NORTH
11°GS'1611 EAST, 150.40 FEET TO THE BEGINNING OF A TANGENT 25.00
FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY AND EASTZRLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 87OI9'53" A DISTANCE OF 38.11 FEET TO A POINT ON THE SOUTHERLY
RIGFIT-OF-WAY LINE OF PALOMAR AIRPORT ROAD AS DESCRIBED IN DEEDS
RSCORDED AUGUST 25, 1988 FILE NO. 88-426571 AND 88-426572 OF
OFFICIAL RECORDS; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE,
SOUTH 81° 34 ' 51" EAST, 59.00 FEET; THENCE LEAVING SAID SOUTHERLY
27O29'57" WEST, 30.00 FEET-i THENCE NORTH 78°54'44'1 WEST, 80.00 FEET
85-359768 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY, IN THE CITY OF
1985 AS FILE NO. 85-359768 OF OFFICIAL RECORDS, SAID POINT BEING
RIGZT-OF-WAY LINE, SOUTH 09O43'01" WEST, 287.29 FEET; THENCE NORTH
-n LC T3 TRUE POINT OF BEGkVING.
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' 453
FORM 1283 -A
LITIGATION GUARANTEZ
SCHEDULE A (m. 12/15/95)
0
ORDER NO. 1132043-11
PARCEL 7:
AN EASEMENT FOR TEMPOWV CONSTXUCTION PLJWOSES OVER A PORTION OF
PARCELS 1 AND 2 OF CERTIFICATE OF COMPLIANCE RECORDED SEPTEMBER 27.,
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT AN ANGLE POINT IN THE SOUTHERLY BOUNDARY LINE OF
PARCEL 1 OF SAID CERTIFICATE OF COMPLIANCE RECORDED SEPTEMBER 27,
THE EASTERLY TE-RMINLJS OF THAT COURSE SHOWN AND DESCRIBED IN SAID CERTIFICATE OF COMPLIANCE AS NORTH 83'42'01" WEST, 254.06 FEET;
THENCE RETRACING ALONG SAID SOUTHERLY BOUNDARY LINE, NORTH
83'41'35" WEST (RECORD= NORTH 83'42'01" WEST), 81.33 FEET TO THE
TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTHERLY
BO~D,~RY LINE , NORTH 83 O 41' 35 If WEST, 60 - 00 FEET; THENCE LEAVING SAID SOUTHERLY BOUNDARY LINE, NORTH 24'28'09" WEST, 177.59 FEET; THENCE NORTH 11o07'25l1 EAST, 90.44 FEET; THENCE NORTH 56'27'40"
EAST, 153.60 FEET; THENCE NORTH 11'07'25" EAST, 185.00 FEET; TO A
POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF PALOMAR AIRPORT ROAD AS
DESCRIBED IN DEEDS RECORDED AUGUST 25, 1988 FILE NO. 88-426571 AND
1985 AS FILE NO. 85-359768 OF OFFICIAL RECORDS, IN THE CITY OF
1985 AS FILE NO. 85-359768 OF OFFICIAL RECORDS, SAID POINT BEING
88-426572 OF OFFICIAL RECORDS SAID POINT BEING ON THE ARC OF A
2175.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 05~08'05~~ EAST, THENCE EASTERLY ALONG SAID
SOUTHERLY RIGHT-OF-WAY LINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 00052'4111 A DISTANCE OF 33.33 FEET TO THE
BEGINNING OF A COMPOUND 25.00 FOOT RADIUS CURVE CONCAVE
SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 15O28'52It A DISTANCE OF 6.75 FEET; THENCE SOUTH 12'17'34" WEST,
245.05 FEET; THENCE SOUTH 16'00'35" WEST, 48-56 FEET; THENCE SOUTH
89°50'0711 WEST, 115;-00 FEET; THENCE SOUTH 11O07'25" WEST, 53.00
FEET; THENCE SOUTH ~ 71'12'10" EAST, 106.06 FEET; THENCE SOUTH
83O32'21If WEST, 35.16 FEET; THENCE SOUTH 04O35'28" WEST, 67.68 FEET; THENCE SOUTH 72'36'17" EAST, 61-37 FEET; THENCE SOUTH
15O26'47I1 WEST, 58.25 FEET TO THE TRUE POINT OF BEGINNING.
SOUTHWESTERLY; THENCE LEAVING SAID SOUTHERLY RIGHT-OF-WAY LINE
x
-. +-
x. PAGE 8
., 0 . 454 0
FORM 1283-A
LITIGATION GUARANTEE
SCHEDULE A (REV. 12/15/95)
ORDER NO. 1132043-11
PARCEL 8:
AN EASEMENT FOR TEMPORARY CONSTRUCTION PURPOSES OVER A PORTION OF 2ARCELS 1 AND 2 OF CERTIFICATE OF COMPLIANCE RECORDED SEPTEMBER 27,
IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT AN ANGLE POINT IN THE SOUTHERLY BOUNDARY LINE OF
PARCEL 1 OF SAID CERTIFICATE OF COMPLIANCE RECORDED SEPTEMBER 27,
THE EASTERLY TERMINUS OF TFSIT COURSE SHOWN AND DESCRIBED IN SAID
CERTIFICATE OF COMPLIANCE AS NORTH 83'42'01" WEST, 254.06 FEET;
THENCE ALONG SAID SOUTHERLY BOUNDARY LINE, SOUTH 81'37' 18" EAST (RECORD= NORTH 81'37'46" WEST), 78 -97 FEET TO THE TRUE POINT OF
BEGINNING; THENCE LEAVING SAID SOUTHERLY BOUNDARY LINE, NORTH 02°04'4411 WEST, 53.24 FEET; THENCE SOUTH 72'36'17" EAST, 121.23
FEET; THENCE SOUTH 07 '31' 04 I' WEST, 33.36 FEET TO A POINT ON SAID
SOUTHERLY BOUNDARY LINE; THENCE ALONG SAID SOUTHERLY BOUNDARY LINE,
NORTH 81°37'1811 WEST, 110.57 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL 9:
1985 AS FILE NO. 85-359768 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY,
1985 AS FILE NO. 85-359768 OF OFFICIAL RECORDS, SAID POINT BEING
AN EASEMENT FOR TEMPORARY CONSTRUCTION PURPOSES OVER A PORTION OF
PARCELS 1 AND 2 OF CERTIFICATE OF COMPLIANCE RECORDED SEPTEMBER 27, 1985 AS FILE NO. 85-359768 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT AN ANGLE POINT IN THE SOUTHERLY BOUNDARY LINE OF PARCEL 1 OF SAID CERTIFICATE OF COMPLIANCE RECORDED SEPTEMBER 27,
THE EASTERLY TERMINUS OF THAT COURSE SHOWN AND DESCRIBED IN SAID
CERTIFICATE OF COMPLIANCE AS NORTH 83'42'01" WEST, 254.06 FEET;
THENCE ALONG SAID SOUTHERLY BOUNDARY LINE, SOUTH 81'37 ' 18" EAST
SAID SOUTHERLY BOUNDARY LINE, SOUTH 81O37'18'I EAST (RECORD= NORTH
81'37'46" WEST), 110.57 FEET; THENCE LEAVING SAID SOUTHERLY
BOUNDARY LINE, NORTH 07°31'041' EAST, 198.36 FEET TO THE TRUE POINT
OF BEGINNING; THENCE CONTINUING NORTH 07°31'04" EAST, 338.89 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF PALOMAR AIRPORT
RdAD AS DESCRIBED IN DEEDS RECORDED AUGUST 25, 1988 FILE NO. 88- 426571 AND 88-426572 OF OFFICIAL RECORDS; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, NORTH 81'34'51" WEST, 25.36 FEET; THENCE LEAVING SAID SOUTHERLY RIGHT-OF-WAY LINE, SOUTH 09°43'01" WEST, 287.29 FEET; THENCE,,SOUTH 27'20'57" EAST, 63.64 FEET TO THE TRUE POINT OF BEGINNING.
1985 AS FILE NO. 85-359768 OF OFFICIAL RECORDS, SAID POINT BEING
(RECORD= NORTH 81037' 46" WEST) , 78.97 FEET; THENCE CONTINUING ALONG
+ -x.:, PAGE 9 '
0 e
455.
FORM 1283-A
LITIGATION GUARANTEE
SCHEDULE A (REV. 12/15/95)
ORDER NO. 1132043-11
PARCEL 10:
AN EASEMENT FOR DRAINAGE PURPOSES OVER A PORTION OF PAXCELS 1 AND
2 OF CERTIFICATE OF COMPLIANVCE RECORDED SEPTEMBER 27, 1985 AS FILE
NO. 85-359768 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY, IN THE CITY
OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT AN ANGLE POINT IN THE SOUTHERLY BOUNDARY LINE OF
PARCEL 1 OF SAID CERTIFICATE OF COMPLIANCE RECORDED SEPTEMBER 27,
THE EASTERLY TERMINUS OF THAT COURSE SHOWN AND DESCRIBED IN SAID
CERTIFICATE OF COMPLIANCE AS NORTH 83'42'01" WEST, 254.06 FEET;
1985 AS FILE NO. 85-359768 OF OFFICIAL RECORDS, SAID POINT BEING
THENCE RETRACING ALONG SAID SOUTHERLY BOUNDARY LINE, NORTH 83O41'35" WEST (RECORD= NORTH 83'42'01" WEST) , 61.33 FEET TO THE BEGINNING OF A NON-TANGENT 1462.00 FOOT RADIUS CURVE CONCAVE
EASTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 86O35'33" WEST; THENCE LEAVING SAID SOUTHERLY BOUNDARY LINE, NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 06°01'17", A DISTANCE OF 153.65 FEET TO THE TRUE POINT OF BEGINNING A FVADIAL LINE TO SAID POINT BEARS NORTH 80'34 ' 16" WEST; THENCE RETRACING SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 03 '50' 08" A
DISTANCE OF 97.87 FEET; THENCE NORTH 72O36'17" WEST, 70.53 FEET;
THENCE NORTH 04°35'2811 EAST, 67.68 FEET; THENCE NORTH 83O32'21"
EAST, 75.16 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL 11:
AN EASEMENT FOR DRAINAGE PURPOSES OVER A PORTION OF PARCELS 1 AND
2 OF CERTIFICATE OF COMPLIANCE RECORDED SEPTEMBER 27, 1985 AS FILE
OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING MORE
PARTICULLYLY DESCRIBED AS FOLLOWS:
COMMENCING AT AN ANGLE POINT IN THE SOUTHERLY BOUNDARY LINE OF
PARCEL 1 OF SAID CERTIFICATE OF COMPLIANCE RECORDED SEPTEMBER 27, 1985 AS FILE NO. 85-359768 OF OFFICIAL RECORDS, SAID POINT BEING
THE EASTERLY TERMINUS OF THAT COURSE SHOWN AND DESCRIBED IN SAID
CERTIFICATE OF COMPLIANCE AS NORTH 83O42'01" WEST, 254.06 FEET;
THENCE AL;ONG SAID SOUTHERLY BOUNDARY LINE, SOUTH 81'37' 18 'I EAST
(&CORD= NORTH 81037'4611 WEST) I 78.97 FEET; THENCE CONTINUING ALONG
SAID SOUTHERLY BOUNDARY LINE, SOUTH 81'37'18" EAST (RECORD= NORTH
81°37'46t1 WEST) , 110.57 FEET; THENCE LEAVING SAID SOUTHERLY
NO. 85-359768 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY, IN THE CITY
-
BOUNDARY LINE , NORTH 07' 31' 041r EAST, 33.36 FEET TO THE TRUE POINT
THENCE NORTH 27O20'57" TT, 93.64 FEET; THENCE NORTH 78'54'44''
' PAGE 1.3'
OF BEGINNING; THENCE CONTIWING NORTH 07'31'04" EAST, 165.00 FEET;
*\.I
" .. . . . .. . . . - -
0 *
FORM 1283 -A
LITIGATION GUARANTEE
SCHEDULE A (REW- 12/15/95)
ORDER NO. 1132043-11
WEST, 80.00 FEET; THENCE SOUTH 11°05'16" WEST, 130.00 FEET TO THE
BEGINNING OF A TANGENT 1349.00 FOOT RADIUS CURVE CONCAVE
SOUTHEASTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH
A CENTRAL ANGLE OF 03O54'31" A DISTANCE OF 92.03 FEET; THENCE SOUTH
72O36'17" EAST, 146.23 FEET TO THE TRUE POINT OF BEGINNING.
-
-
\
-..
%
\'* PAGE 11'
., e 0
i 457
EASEMENT
RICHARD C. KELLY and ROBERT PATRICK KELLY, Trustees Under DeciaraUQn
of Trust Dated November 25, 1985 hereinafter called “Grantor”, grants to CITY OF
CARLSBAD, a municipal corporation, “Grantee”, an easement and right of way to erect,
construct, change the size of, improve, reconstruct, relocate, repair, maintain and use
facilities. consisting of (I) underground electric facilities and appurtenances for the
transmission and distribution of electricity, (2) underground communication facilities and
appurtenances, together with the right of ingress thereto and egress therefrom over said
easement and over other practical route across Grantor’s land situated in the County of
San Diego, State of California.
Parcel 2 of Adjustment Plat No. 295, filed February 15, 1990 at Document No. 90-
085877 in the Office of the County Recorder of said County of San Diego, described in a
Deed recorded May 74, 1990 at Recorder‘s FileIPage No. 90-263314 of Official Records
of said County Recorder.
The said easement in the aforesaid land shall be 8.00 feet in width, the centerline
of which shall be the centerline of the facilities as installed on Grantor‘s property, the
approximate location being shown and delineated on Exhibit “A” attached hereto and made
a part hereof.
Grantor will exercise only such reserved rights in said land as will not interfere with -
or prohibit the free and complete use and enjoyment by Grantee, its successors or assigns,
of the rights hereby granted. Grantee shall have the right to assign any or all rights
granted in this easement in whole or in part to other companies providing utility or
communication services. Grantee shall have the right- to top, cut, remove, or trim
interfering plants and trees, and to keep said easement free from and to prevent any
person, including Grantor, its successors and assigns, from erecting, placing, or storing on
said easement any flammable or other hazards and any structures, objects, or earth
fillskuts or other obstructions, except walls and fences.
-
Dated: ”
Richard C. Kelly, Trustee
\ ._ Robert Patrick Kelly, Trustee
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