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HomeMy WebLinkAbout1998-05-19; City Council; Resolution 98-1510 0 EKhlhJt : RESOLUTION NO. 98-151 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, FOR THE POINSETTIA LANE EXTENSION AND BRIGANTINE DRIVE PROJECT AND DECLARING THE PUBLIC NECESSITY THEREOF. WHEREAS, the City of Carlsbad, County of San Diego, State of California, propc nstruct the extension of Poinsettia Lane from Aviara Parkway to Black Rail Ro: rigantine Drive from Poinsettia Lane north to the Oceanbluff development, hereinafter r as "the project"; and WHEREAS, the project requires the acquisition of certain real property and real F terests, including, but not limited to road right-of-way, drainage easements, slope easc nd temporary construction easements; and WHEREAS, the City of Carlsbad may exercise the right of eminent domain quisition of real property or interests therein for street and other purposes purs lifornia Government Code Sections 37350 and 37350.5 and 37353; and WHEREAS, the real property or interest therein sought to be acquired for the pr ect are located within the territorial limits of the City of Carlsbad; and WHEREAS, the real property or interests therein sought to be acquired are neces the proposed project; and WHEREAS, the plans for the project in the City of Carlsbad are on file with i Engineer of the City of Carlsbad, California; and WHEREAS, the City of Carlsbad has established the amounts which it believes tc just compensation for the hereinafter described real property or interests therein sougl WHEREAS, pursuant to Government Code Section 7267.2, the City of Carlsb owners of said real property or interests therein the full amount establishec for said real property sought to be acquired; and 26 Ill 27 111 28 Ill 0 0 1 WHEREAS, the City of Carlsbad, California, has provided said owners of sa 2 established as just compensation for the real property or interests sought to be acquired; a property or interests therein a written statement and summary of the basis for the i owners of the real property or interests therein sought to be acquked, and the owners hav WHEREAS, a reasonable length of time has expired since the date of the offer to favorably respond to the offers of the amounts established by the City of Carlsbad compensation; and 3 4 5 6 7 WHEREAS, the property and interest therein hereinafter described is being acquirc 8 "remnant" pursuant to California Code of Civil Procedure Section 1240.410; and 9 WHEREAS, the property and interest therein hereinafter described is being acquirc 10 compatible joint use pursuant to California Code of Civil Procedure Section 1240.510; and 11 WHEREAS, the property and interest therein hereinafter described is being acquirl 12 more necessary public use pursuant to California Code of Civil Procedure Section 1240.6' and subsequently on December 20, 1995 pursuant to Planning Commission Resolut WHEREAS, on June 16, 1993 pursuant to Planning Commission Resolution Nc 3869, the Planning Commission of the City of Carlsbad, pursuant to the provisions California Government Code, Section 65402, found that the proposed location, purpo extent of the project is consistent with the City of Carlsbad General Plan; and 13 14 15 16 17 WHEREAS, on June 16, 1993, pursuant to California Public Resources Code I* 21000 and following, the City Council of the City of Carlsbad, California, certified EIR 91 19 the project and subsequently on September 21, 1995 the Planning Director for said City i 20 Notice of Prior Compliance for the project which included all applicable mitigation mea! 21 EIR 90-03; and 22 WHEREAS, pursuant to the provisions of California Code of Civil Procedure, 23 1245,235, the owners of the real property sought to be acquired whose names and ad appear on the current equalized County Assessment Roll, have been sent a Notice of Ink 24 Adopt a Condemnation Resolution, and have been provided with an opportunity to appeal heard on the matters referred to in California Code of Civil Procedure, Section 1240.030; Ill Ill 25 26 27 28 Ill e e 1 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ca 2 3 California, which finds, determines, and hereby declares: I. The public interest and necessity require the proposed project. 2. The proposed project is planned and located in a manner which will bc 4 compatible with the greatest public good and the least private injury. 5 3. The real property or interests therein, hereinafter described in this Resoluti 6 necessary for the proposed project. 7 4. The proposed project is a matter of public necessity. 5. The use of all and each and every part of said hereinafter described real p 9 authorized by law. 10 or interests therein for the use and purposes of the proposed project is a public use an( 8 11 6. The public interest and necessity require that the real property or interests 12 hereinafter described in this Resolution, be taken. 13 BE IT FURTHER RESOLVED by this City of Carlsbad that the firm of Asaro, (1 Freeland, and McKinley, hereinafter referred to as "Special Counsel" be and is, aut1 14 11 empowered, and directed, in the name of the City of Carlsbad, to acquire by donation, pu l5 1 I or condemnation, in accordance with the provisions of the Code of Civil Procedure of the 16 California relating to eminent domain, the hereinafter described interest in real property; 17 To prepare and prosecute in the name of the City of Carlsbad such suit or suit l8 hereinafter described real property, or any part thereof, for the proposed project; 19 proper court having jurisdiction thereof as are necessary to condemn, take, and acqu 20 To make an application to said court for an order determining the amounts of monl 21 and any damage incident thereto, and to make application to said court for an order PC of the real property or any part thereof, or interests therein necessary for the proposed 22 deposited as security for the payment of the just compensation which will be made for th 23 24 the City of Carlsbad to take immediate possession of and to use said real property i thereof, or interest therein, sought to be condemned for the proposed project; Ill Ill 25 26 27 28 /I 0 e 1 The real property and interests therein referred to in this Resolution is situated in tl 2 3 of Carlsbad, County of San Diego, State of California, and is more particularly described in "A attached hereto. 4 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City 1 5 held on the 19 day of May , 1998 by the following vote, to wit: 6 AYES: Council Members Finnila, Nygaard, Hall & Kulchin NOES: None ABSENT: Council Member Lewis 7 8 9 10 74 11 CLA&4.DE A. LEWIS, Mayor RAMONA FINNILA, Mayor Pro Tern 12 13 70 14 / /Kf * ,< , 15 "<NK~~~J~r~~ .. 16 17 18 19 20 21 22 23 24 25 26 27 28 (SEAL) ’ 1 RECORDING REQUESTED B w AND WHEN RECORDED, PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, California 92008 MAIL TAX STATEMENTS TO: - . kKli H3I-T ”AtJ I EXEMPT I - Space above this line for Recorder’s Use - The undersigned grantor(s) declare(s): Documentary transfer tax is $m ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: ( x ) City of Carlsbad. and NO RECORDING FEE REQU THIS DOCUMENT EXEMPT F PURSUANT TO SECTION 27 CALIFORNIA GOVERNMENT Assessor‘s Parcel No.: APN 215-070-26 DOCUMENT NO.: OIOSARK Project: Poinsettia Lane Extension Location: Poinsettia Lane & Aviara Parkway Reference: RWIOIOSARK INDIVIDUAL GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, DALJIT S. SARKARIA and ELAINE SARKARIA, husband and wife as community propc subject to proceedings pending in the bankruptcy court where a petition for relief was fi hereby GRANTS to the CITY OF CARLSBAD, a Municipal Corporation, the following described real property which is situated in the City of Carlsbad, County of San C State of California, as more particularly described in the attached Exhibit “A” and as shown on attached Exhibit “B”. The Grantor understands that the present intention of the Grantee is to construct and rr a public highway on the lands hereby conveyed in fee and the Grantor, for the Grantor’s succc and assigns, hereby waives any claims for any and all damages to grantor’s remaining properl contiguous to the property hereby conveyed by reason of the location, construction, landscapil maintenance of said highway. (As used above, the term “Grantor” shall include the plural as well as the singular numb (JANMAC, INC., Expropriation Consultants) (carlsbad\POINSETTlA EXT\DEEDS\OlOSARK) If L- Tyj-:‘,?; - ”. C;..: C:. ; C.( ,;e 0 0 ... This document was executed this day of I 1' DALJIT S. SARKARIA and ELAINE SARKARIA, husband and wife as community property, subject ta proceedings pending in the bankruptcy court where a petition for relief was filed DALJIT S. SARKARIA ELAINE SARKARIA (NOTARY JURAT) STATE OF }ss. COUNTY OF I 1 I On before me, personally appeared personally known to me (or prove me on the basis of satisfactory evidence) to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to I that he/she/they executed the same in hislherltheir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the persor or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature: (This area for official notarial seal) L (JANMAC, INC., Expropriation Consultants) (carlsbad\POINSETTIA EXT\DEEDS\OlOSARK) Egftl Q,~T Q~ s keg? 2 04 1 !L: 0 0 EXHIBIT “A” LEGAL DESCRIPTION SARKARIA PR. 3.4.31 8 (POINSETTIA LANE) “ THAT PORTION OF PARCEL 1 (DEDICATION PARCEL) DESCRIBED HERE11 LYING WITHIN PARCEL “A” (OWNERSHIP PARCEL) DESCRlBED HER€\N. PARCEL “A” (OWNERSHIP PARCEL) THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER 0 FRACTIONAL SECTION 22, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDIN( MERIDIAN, AS DESCRIBED IN DEED TO DALJIT AND ELAINE SARKARIA RECORDEI FEBRUARY 6, 1981, FILE/PAGE NO. 81-037884 OF OFFICIAL RECORDS OF SAN DIEG( COUNTY, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIi ACCORDING TO UNITED STATE GOVERNMENT SURVEY APPROVED. PARCEL 1 (DEDICATION PARCEL) BEING A 102.00 FOOT WIDE STRIP OF LAND LYING 51 .OO FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE CENTERLINE INTERSECTION OF POINSETIA LANE AND AVIARJ PARKWAY (FORMERLY ALGA ROAD) AS SHOWN ON CITY OF CARLSBAD TRACT 90-1: MAP NO. 12972, FILED IN THE OFFICE OF THE COUNTYRECORDER SEPTEMBER 17 1992, SAID POINT BEING OCCUPIED BY A STREET SURVEY MONUMENT STAMPED ”L.5 5894” PER RECORD OF SURVEY MAP NO. 13348, FILED IN THE OFFICE OF THE COUNT RECORDER AUGUST 8, 1991, SAID POINT BEARS NORTH 72’12’46’’ EAST, 593.97 FEE1 (NORTH 72”47’00” EAST, 593.94 FEET PER R OF S 13348) FROM A POINT ON THE CENTERLINE OF SAID POINSETIA LANE AS SHOWN ON SAID RECORD OF SURVE) MAP NO. 13348, SAID POINT BEING OCCUPIED BY A STREET SURVEY MONUMEN- STAMPED “L.S. 5894”; THENCE LEAVING SAID CENTERLINE INTERSECTION ALONC PAGE 1 OF 2 :DA M:\Legals\l953 Ocean BlufR004AOt .doc wo 19534 212719a 2-,.<;,, ;3fj 2 4, < 2 3 _. a’ / / q t, .” ~. . *I e 0 SAID CENTERLINE OF POlNSE3TIA LANE, NORTH 72”12’46” EAST (NORTH 72O47’ EAST PER MAP 12972), 185.00 FEET TO THE BEGINNING OF TANGENT CUR CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 1400.00 FEET; THEN NORTHEASTERLY ALONG SAID CENTERLINE AND THE ARC OF SAID CURVE THROUl A CENTRAL ANGLE OF 02’41 ’01” A DISTANCE OF 65.57 FEET (02”41’12”, 65.65 FEET P MAP 12972) TO A POINT ON THE SOUTHERLY LINE OF SAID SECTION 22, SAID PO BEING THE TRUE POINT OF BEGINNING; THENCE NORTHEASTERLY ALONG CONTINUATION OF SAID CENTERLINE AND THE ARC OF SAID CURVE THROUGI- CENTRAL ANGLE Of 27”50’53”, A DlSTANCE OF 680.46 FEET; THENCE NORTH 41’40’: EAST, 515.94 FEET TO THE BEGINNING OF A TANGENT CURVE CONCA SOUTHEASTERLY, HAVING A RADIUS OF 1400.00 FEET ; THENCE NORTHEASTER . AND EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE 50”47”26” A DISTANCE OF 1241.05 FEET TO A POINT OF TANGLNCY ON T .SOUTHERLY LINE OF PARCEL ”B” OF CERTIFICATE OF COMPLIANCE RECORD MARCH 11, 1997, FILE NO. 1997-0106631 OF OFFICIAL RECORDS; THENCE ALONG Si SOUTHERLY LINE, SOUTH 87”31’42 EAST, 134.77 FEET TO THE SOUTHEAST CORN1 OF SAID PARCEL “B”, SAID POINT BEING OCCUPIED BY A 3/4 INCH IRON PIPE MARK “RCE 821 0”. THE SIDELINES OF SAID 102.00 FOOT WIDE STRIP OF LAND TO BE SHORTENED ( EXTENDED SO AS TO TERMINATE SOUTHWESTERLY IN THE SOUTHERLY LINE OF SP FRACTIONAL SECTION 22 AND NORTHEASTERLY IN THE SOUTHERLY LINE OF PARC “B” OF SAID CERTIFICATE OF COMPLIANCE AND EASTERLY IN THE WESTERLY LINE ( BLACK RAIL ROAD PER NOTICE OF PENDING ACTION SUPERIOR COURT CASE N NO75924 RECORDED SEPTEMBER 12, 1997, FILE NO. 1997-0444689 OF OFFICI, RECORDS. %h/L> 3-3 -2 JOHN W. HILL, JR. L.S. 5669 HUNSAKER &ASSOCIATES SAN DIEGO, INC. PAGE 2 OF 2 :DA M:\Legals\l953 Ocean Blufn004A01 .doc wo 1953-4 u27m + .i llcl "," ""__ "- "__ "- "." hFq INDICATES. STREET DEDIU TlON lNOlc.4TES STREET SURVEY MONUMENT STAMPED A "1.5. 5894" PER R OF S 13348. INOIC~TES 314- IRON PIPE MARKED -RCE 82 10 PER R OF S 12096 c 1 INOIGITES RECORD DATA PER MAP 12972 [ 3 INDICATES RECORD DATA PER f? Of s 13348 F LEG!! DESCRIPTION SIS OF BEARINGS: PORTION OF FRACTIONAL SEC. 22, T f ZS, R4W S.8.M. BASE OF BEAI?INGS FOR THIS MAP 1s A PORTION 0, THE NORTHERLY LINE OF fR4CnONAL SECnoN 22. T12Ss RANNlNG lolR Hanass SL sjoa MO R4W, S.B.M., PER MAP NO. 13429, /.E. N 89'57'4JME. PJcwnWJc sm~%asrm ' ' . mvEyFJc FH(6l9)S)swFluwr* FX(6l9mUU SHEET 1 OF W 1 JLU) 1.DWC DEDjCAnON PIAT - Cf7Y Of CARLSBAD APPLICANT: PREPARED BY: PROJECT: A.P.N.: CATELLUS RES I DENT I AL CRO@ IRVINE, CA 92714 WINSE77M SUITE 400 ' ' LANE 5 PARK PLAZA JOHN W. HILL, JR. L.S. 5669 %L- p.9 2-7-9l9 2 15-070-26 EXHIBIT 11 (714) 251-6100 EXPIRES 9/33/99 PR. 3.4.3 18 ExKL\'AT" 5 OFIly- - <I 8. \A' or' s 4772 "" EXST 150 ' S4N D/,FGo as ti? ELECTRJC CO. &WXEhT RECORD€D 7/10/1958, BK- 6902, PC. 504 OF 0.R. s j/gj s wj/d, s wj/4 sgc T]oJ\] 22 Tjzsj adw, SL~J!~ 2 15-070-26 "- ""- cJTY OF G$\RL~~AIJ TRACT 951-15 ~JYJ J J\JO~ 4 JM$L!" NO, j2972 POINSETTIA LANE OFFERED FOR DEDICATION AND REJECTED PER MAP 12972 200 4 NOTE: 1 SCALE 1 * = 200' HUNSAKER DATA SHOWN HEREON IS BASED ON THE FOLLOWING RECORD OF SURVEY MAPS: 584, 4 772, 4773, 5715, GrASSoCIATES 6269, 10774, 12096, 13762 AND 14630. RECORD OF SURVEY MAP NO. 14608 SHOWS ALTERNATE LOCAnONS SAH DlEGQ INC WING 1W9~StSLmMO FOR PROPERTY LINES SHOWN HEREON NO wwmc sanD(cgq692m REPRESENTATION IS MADE HEREON AS TO THE LOCATION SUKWiMNC PH(619)55&(5w * FX(6I9)55&UW W13WZ.DWG OF PROPERTY OR OWNERSHIP LINES. SHEET: DEDICATION PLAT - CiTY OF CARLSBAD APPLICANT: A.P.N.: PROJECT: PREPARED BY: CATELLUS RESIDENTIAL GROUP IRVINE, CA 92714 SUITE 400 5 PARK PLAZA (714) 251-6100 LANE %Mw. 7-3-4Y POINSrn 2 15-070. JOHN W. HILL, JR. LS. 5669 EXPIRES: 9/30/99 EXHIBI'I PR. 3.4.378 -Pi A- L -: /ILL a RECORDING REQUESTED B AND WHEN RECORDED, PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, California 92008 MAIL TAX STATEMENTS TO: EXEMPT The undersigned grantor(s) declare(s): Documentary transfer tax is $w ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: ( x ) City of Carlsbad, and Assessor‘s Parcel No.: APN 215-070-26 DOCUMENT NO.: 01 1 SARK 8 - Space above this line for Recorder’s Use - NO RECORDING FEE REQU THIS DOCUMENT EXEMPT F PURSUANT TO SECTION 27 CALIFORNIA GOVERNMENT Project: Poinsettia Lane Extension Location: Poinsettia Lane 8, Aviara Parkway Reference: RW/OI ISARK SLOPE, DRAINAGE, AND TEMPORARY CONSTRUCTION EASEME! FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, DALJIT S. SARKARIA and ELAINE SARKARIA, husband and wife as community prop subject to proceedings pending in the bankruptcy court where a petition for relief was f hereby GRANTS to the CITY OF CARLSBAD, a Municipal Corporation, easements for the construction and maintenance of slopes and incidents thereto, upon, over and acro. certain real property hereinafter described, together with; easements for the construction and maintenance of drainage structures and incidents thereto, upon, o across that certain real property hereinafter described, and together with; easements for temporary construction purposes and incidents thereto, upon, over, and across that cer property hereinafter described. The real property referred to hereinabove and made subject to said slope easements is situated in the Carlsbad, County of San Diego, State of California, and is more particularly described in the attached I “A” as Parcels 2 and 3 and as shown on the attached Exhibit “B” as Parcels 2 and 3. (JANMAC, INC., Expropriation Consultants) (carlsbad\POINSETTIA EXnEasements\OllSARK) EA&M/T 4 “Top 91q 0 0 The real property referred to hereinabove and made subject to said drainage easements is situated ir of Carlsbad, County of San Diego, State of California, and is more particularly described in the attach Exhibit “A” as Parcels 6, 7 and 8 and as shown on the attached Exhibit “B” as Parcels 6, 7 and 8. The real property referred to hereinabove and made subject to said temporary construction easemen situated in the City of Carlsbad, County of San Diego, State of California, and is more particularly des the attached Exhibit “A” as Parcels 4 and 5 and as shown on the attached Exhibit “B” as Parcels 4 an It is understood and agreed that the Grantor(s) of the temporary construction easement shall not be t for any damage to equipment or injury to personnel of said Grantee, its agents or employees, in the F ance of the work done within the temporary construction easement. The temporary construction easI shall remain in force for a period of three (3) years from the date this document has been recorded in Office of the County Recorder of San Diego County. Upon the expiration of said three (3) year period Grantee shall have no further rights or liability in connection with said temporary construction easeme This document was executed this day of , 1: DALJIT S. SARKARIA and ELAINE SARKARIA, husband and wife as community property, subject to proceedings pending in the bankruptcy court where a petition for relief was filed DALJIT S. SARKARIA ELAINE SARKARIA (NOTARY JURAT) STATE OF }ss . COUNTY OF 1 1 1 On before me, personally appeared personally known to me (or prove me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to I that helshelthey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the persor or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature: (This area for official notarial sea/) (JANMAC, INC.. Expropriation Consultants) (carlsbad\POINSETTIA EXnEasements\Ol ISARK E->CE“,:gq fi $s OF 11 c! I 0 0 EXHIBIT “A” LEGAL DESCRlPTION SARKARIA PR. 3.2.1 06 (SLOPE/TEMPORARY CONSTRUCTION AND DRAINAGE EASEMENTS) THOSE PORTIONS OF THE SOUTH HALF OF THE SOUTHWEST QUARTER C THE SOUTHWEST QUARTER OF FRACTIONAL SECTION 22, TOWNSHIP . SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, AS DESCRIBED IN DEE TO DALJIT AND ELAINE SARKARIA RECORDED FEBRUARY 6, 1981, FILE/PAC NO. 81-037884 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY, IN THE CITY C CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING T UNITED STATE GOVERNMENT SURVEY APPROVED, BEING MOR PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL ’l (DEDICATION PARCEL) BEING A 102.00 FOOT WIDE STRIP OF LAND LYiNG 51 .OO FEET ON EACH SIC OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE CENTERLINE INTERSECTION OF POINSETTIA LANE AN AVIARA PARKWAY (FORMERLY ALGA ROAD) AS SHOWN ON CITY OF CARLSBA TRACT 90-15, MAP NO. 12972, FILED IN THE OFFICE OF THE COUNT RECORDER SEPTEMBER 17, 1992, SAID POINT BEING OCCUPIED BY A STREE SURVEY MONUMENT STAMPED “L.S. 5894” PER RECORD OF SURVEY MAP N( 13348, FILED IN THE OFFICE OF THE COUNTY RECORDER AUGUST 8, 199 SAID POINT BEARS NORTH 72”12’46” EAST, 593.97 FEET (NORTH 72”47’00” EAS 593.94 FEET PER R OF S 13348) FROM A POINT ON THE CENTERLINE OF SAI POINSE-TTIA IANE AS SHOWN ON SAID RECORD OF SURVEY MAP NO. 1334 SAID POINT BEING OCCUPIED BY A STREET SURVEY MONUMENT STAMPE “L.S. 5894”; THENCE LEAVING SAID CENTERLINE INTERSECTION ALONG SA1 CENTERLINE OF POINSETTIA LANE, NORTH 72”12’46” EAST (NORTH 72’47’01 EAST PER MAP 12972), 185.00 FEET TO THE BEGINNING OF TANGENT CURL PAGE 1 OF 7 :DA M:\Legals\l953 Ocean Blum004A08.doc wo 1953-4 2/ma .,-:,, ,_ ’ ; :I p -__, -‘. ,../ 9 ,’ fly - -. . 0 e CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 1400.00 FEET; THENC NORTHEASTERLY ALONG SAID CENTERLINE AND THE ARC OF SAID CUR\ THROUGH A CENTRAL ANGLE OF 02”41’01” A DISTANCE OF 65.57 FEE (02”41’12”, 65.65 FEET PER MAP 12972) TO A POINT ON THE SOUTHERLY LIP OF SAID SECTION 22, SAID POINT BEING THE TRUE POINT OF BEGINNIN THENCE NORTHEASTERLY ALONG A CONTINUATION OF SAID CENTERLIP AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 27”50’53”, DISTANCE OF 680.46 FEET; THENCE NORTH 4lo4O152” EAST, 515.94 FEET 1 THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY, HAVING RADIUS OF 1400.00 FEET ; THENCE NORTHEASTERLY AND EASTERLY ALOP THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 50”47”26” DISTANCE OF 1241.05 FEET TO A POINT OF TANGENCY ON THE-SOUTHER1 LINE OF PARCEL “B” OF CERTIFICATE OF COMPLIANCE RECORDED MARCH ’ 1997, FILE NO. 1997-0106631 OF OFFICIAL RECORDS; THENCE ALONG SP SOUTHERLY LINE, SOUTH 87”31’42” EAST, 134.77 FEET TO THE SOUTHEA: CORNER OF SAID PARCEL “B”, SAID POINT BEING OCCUPIED BY A 3/4 IN( IRON PIPE MARKED “RCE 8210”. THE SIDELINES OF SAID 102.00 FOOT WIDE STRIP OF LAND TO BE SHORTEN] OR EXTENDED SO AS TO TERMINATE SOUTHWESTERLY IN THE SOUTHER LINE OF SAID FRACTIONAL SECTION 22 AND NORTHEASTERLY IN TI SOUTHERLY LINE OF PARCEL “B” OF SAID CERTIFICATE OF COMPLIANCE AI EASTERLY IN THE WESTERLY LINE OF BLACK RAIL ROAD PER NOTICE ( PENDING ACTION SUPERIOR COURT CASE NO. NO75924 RECORD1 SEPTEMBER 12, 1997, FILE NO. 1997-0444689 OF OFFICIAL RECORDS. PARCEL 2 (SLOPE EASEMENT) BEGINNING AT THE INTERSECTION OF THE SOUTHERLY LINE OF Si FRACTIONAL SECTION 22 AND THE NORTHERLY RIGHT-OF-WAY LINE POINSETTIA LANE AS OFFERED FOR DEDICATION AND REJECTED ON Cliy PAGE 2 OF 7 :DA M:\Legals\l953 Ocean Blum004A08.doc wo 1953-4 212719a CKlY! &r /A. 10 0s ]If .I e 0 CARLSBAD TRACT 90-15 UNIT NO. 4, MAP NO. 12972, FILED IN THE OFFICE C THE COUNTY RECORDER SEPTEMBER 17, 1992; THENCE ALONG TI- SOUTHERLY LINE OF SAID SECTION 22, NORTH 87'32'42" WEST 57.72 FEE THENCE LEAVING SAID SOUTHERLY LINE, NORTH 47'29'06" EAST, 73.80 FEE THENCE NORTH 63'53'40" EAST, 483.85 FEET; THENCE NORTH 38'32'41" EAS 188.98 FEET; THENCE NORTH 26'13'48" EAST, 220.75 FEET; THENCE NOR7 71'28'42" EAST, 59.15 FEET TO A POINT ON THE NORTHERLY LINE OF TI SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTE OF SAID SECTION 22; THENCE ALONG SAID NORTHERLY LINE, SOUTH 87'37'2; EAST, 149.88 FEET TO AN INTERSECTION WITH THE NORTHERLY LINE OF TH HEREINABOVE DESCRIBED PARCEL 1 (PROPOSED POINSETTIA LANE); THENC ALONG SAID NORTHERLY - LINE THE FOLLOWING: SOUTH 4l040'52"-WEST 288.; FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERL HAVING A RADIUS OF 1349.00 FEET; THENCE SCUTHWESTERLY ALONG TI- ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 30'31'54" A DISTANC OF 718.85 FEET; THENCE SOUTH 72'12'46" WEST, 68.59 FEET TO THE POINT C BEGINNING. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 1.933 ACRE MORE OR LESS. PARCEL 3 (SLOPE EASEMENT) BEGINNING AT THE INTERSECTION OF THE SOUTHERLY LINE OF SA1 FRACTIONAL SECTION 22 AND THE SOUTHERLY RIGHT-OF-WAY LINE C POINSETTIA LANE AS OFFERED FOR DEDICATION AND REJECTED ON CITY C CARLSBAD TRACT 90-15 UNIT NO. 4, MAP NO. 12972, FILED IN THE OFFICE 0 THE COUNTY RECORDER SEPTEMBER 17, 1992; THENCE ALONG TH SOUTHERLY LINE OF SAID SECTION 22, SOUTH 87'32'42" EAST 16.04 FEE' THENCE LEAVING SAID SOUTHERLY LINE, NORTH 74'55'50" EAST, 144.€ FEET; THENCE NORTH 28'51'49" EAST, 71.90 FEET; THENCE SOUTH 71'19'4, EAST, 89.49 FEET; THENCE NORTH 56'23'41" EAST, 146.98 FEET; THENC PAGE 3 OF 7 :DA M:\Legals\l953 Ocean Bluffl004A08.doc wo 1953-4 212719a 6&&l/3[7 Ag I( ;.c IM 0 a NORTH 36”00’38’’ EAST, 509.47 FEET; THENCE.NORTH 44’57’59“ EAST, 36. FEET TO A POINT ON EASTERLY LINE OF THE SOUTH HALF OF Tt SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 2 THENCE ALONG SAID EASTERLY LiNE NORTH 02’23’14” WEST 39.15 FEET TO POINT ON THE SOUTHERLY LINE OF THE HEREINABOVE DESCRIBED PARCEL (PROPOSED POINSETTIA LANE); THENCE ALONG SAID SOUTHERLY LINE Tk FOLLOWING: SOUTH 41’40’52” WEST, 371.70 FEET TO THE BEGINNING OF TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 1451.( FEET; THENCE SOUTHWESTERLY ALONG SAID SOUTHERLY LINE AND THE AF OF SAID CURVE THROUGH A CENTRAL ANGLE OF 23’28’35’’ A DISTANCE C 594.53 FEET TO THE POINT OF BEGINNING. - - THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 1.048 ACRE MORE OR LESS. PARCEL 4 (TEMPORARY CONSTRUCTION EASEMENT) BEING A 20.00 FOOT WIDE STRIP OF LAND, THE NORTHWESTERLY LINE BElN PARALLEL WITH AND 20.00 FEET NORTHWESTERLY OF THE NORTHWESTERL LINE OF THE HEREINABOVE DESCRIBED PARCEL 2. THE NORTHWESTERLY SIDELINE OF SAID 20.00 FOOT WIDE STRIP OF LAND T BE SHORTENED OR EXTENDED SO AS TO TERMINATE SOUTHWESTERLY I THE EASTERLY .RIGHT-OF-WAY LINE OF AVlARA PARKWAY PER NOTiCE C PENDING ACTION SUPERIOR COURT CASE NO. N69894 RECORDED MAY 1 1996, FILE NO. 1996-0251722 OF OFFICIAL RECORDS OF SAID COUNTY, AN NORTHEASTERLY IN THE NORTHERLY LINE -OF THE SOUTH HALF OF TI- SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 22. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.463 ACRE MORE OR LESS. PAGE 4 OF 7 :DA M:\Legals\1953 Ocean Bluffl004A08.doc WO 1953-4 2/27/93 Gl+l4/-(, 15 \ ‘z 0 f 1 I q 0 a PARCEL 5 (TEMPORARY CONSTRUCTION EASEMENT) BEING A 20.00 FOOT WIDE STRIP OF LAND, THE SOUTHEASTERLY LINE BElN PARALLEL WITH AND 20.00 FEET SOUTHEASTERLY OF THE SOUTHEASTERL LINE OF THE HEREINABOVE DESCRIBED PARCEL 3. THE SOUTHEASTERLY SIDELINE OF SAID 20.00 FOOT WIDE STRIP OF LAND T BE SHORTENED OR EXTENDED SO AS TO TERMINATE SOUTHWESTERLY I THE SOUTHERLY LINE OF SAID SECTION 22 AND NORTHEASTERLY IN TI- EASTERLY LINE OF T+(E SOUTH HALF OF THE SOUTHWEST QUARTER OF TI- SOUTHWEST QUARTER OF SAID SECTION 22. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.442 ACRE MORE OR LESS. PARCEL 6 (DRAINAGE EASEMENT) BEING A 15.00 FOOT WIDE STRIP OF LAND LYING 7.50 FEET ON EACH SIDE C THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE INTERSECTION OF THE SOUTHERLY LINE OF SA1 FRACTIONAL SECTION 22 AND THE SOUTHERLY RIGHT-OF-WAY LINE C POINSE-TTIA LANE AS OFFERED FOR DEDICATION AND REJECTED ON CITY C CARLSBAD TRACT 90-15 UNIT NO. 4, MAP NO. 12972, FILED IN THE OFFICE C THE COUNTY RECORDER SEPTEMBER 17, 1992, SAID POINT BEING ON TI- SOUTHERLY LINE OF THE HEREINABOVE DESCRIBED PARCEL 1 SAID POlF BEING THE BEGINNING OF A NON-TANGENT CURVE CONCAl NORTHWESTERLY HAVING A RADIUS OF 1451.00 FEET A RADIAL LINE TO SA PAGE 5 OF 7 :DA M:\Legals\l953 Ocean Blu~004A08.doc WO 1953-4 2/27/98 &l&il A 13 QC l'3. *, 0 0 POINT BEARS SOUTH 24”50’33” EAST; THENCE.NORTHEASTERLY ALONG TI SOUTHERLY LINE OF SAID PARCEL 1 AND THE ARC OF SAID CURVE THROU( A CENTRAL ANGLE OF 14”09’01” A DISTANCE OF 358.36 FEET TO THE TRI POINT OF BEGINNING; THENCE LEAVING SAID SOUTHERLY LINE, SOU 37”25’43” EAST, 70.38 FEET TO A POINT HEREINAFTER REFERRED TO AS POI “A” SAID POINT BEING THE POINT OF TERMINUS. THE SIDELINES OF SAID 15.00 FOOT WIDE STRIP OF LAND TO BE SHORTEN1 OR EXTENDED SO AS TO TERMINATE NORTHWESTERLY IN THE SOUTHER LINE OF THE HEREINABOVE DESCRIBED PARCEL 1. - - PARCEL 7 (DRAINAGE EASEMENT) BEING A 25.00 FOOT WIDE STRIP OF LAND LYING 12.50 FEET ON EACH SIDE ( THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT THE HEREINABOVE DESCRIBED POINT “A” IN PARCEL THENCE SOUTH 37’25’43’’ EAST, 27.52 FEET TO THE POINT OF TERMINUS. PARCEL 8 (DRAINAGE EASEMENT) BEING A 15.00 FOOT WIDE STRIP OF LAND LYING 7.50 FEET ON EACH SIDE ( THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE INTERSECTION OF THE SOUTHERLY LINE OF SA FRACTIONAL SECTION 22 AND THE NORTHERLY RIGHT-OF-WAY LINE ( POINSElTlA LANE AS OFFERED FOR DEDICATION AND REJECTED ON CITY C CARLSBAD TRACT 90-15 UNIT NO. 4, MAP NO. 12972, FILED IN THE OFFICE C THE COUNTY RECORDER SEPTEMBER 17, 1992 SAID POINT ALSO BEING C THE NORTHERLY LINE OF THE HEREINABOVE DESCRIBED PARCEL 1; THEN( ALONG SAID NORTHERLY LINE THE FOLLOWING: NORTH 72’12’46” EAST, 68. PAGE 6 OF 7 :DA M:\Legals\l953 Ocean BluflO04A08.doc WO 1953-4 2/27/98 OHi@j? A [ y -5 ;;y .'* 0 0 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTER1 HAVING A RADIUS OF 1349.00 FEET; THENCE NORTHEASTERLY ALONG Tt ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 21"12'40" A DISTAN( OF 499.41 FEET TO THE TRUE POiNT OF BEGINNING; THENCE LEAVING SA NORTHERLY LINE, RADIAL TO SAID CURVE NORTH 38"59'54" WEST, 21.00 FEI TO THE POINT OF TERMINUS. THE SIDELINES OF SAID 15.00 FOOT WIDE STRIP OF LAND TO BE SHORTENE OR EXTENDED SO AS TO TERMINATE SOUTHEASTERLY IN THE NORTHER1 LINE OF THE HEREINABOVE DESCRIBED PARCEL 1. - "i4L % 7-3-7-g JOHN W. HILL, JR. L.S. 5669 HUNSAKER &ASSOCIATES SAN DIEGO, INC. PAGE 7 OF 7 :DA M:\Legals\l953 Ocean Blu~004A08.doc WO 19534 2/27/98 fib+L?iT Pr t5 3.F ,/q "" "- "" "- "" /ND/aTfs STREET SURVEY MONUMENT STAMPED A '1.s. 5894" PER R OF S 13348. "RCE 82 10 PER R Of S 12096 lNDIo1TEs 314- IRON PIPE MARKED 1 ( ) INDICATES RECORD DATA PER MAP 12972 [: ] INDICATES RECORD DATA PER R OF s 13348 F LEGAL DESCRIPTION FRACTIONAL SEC. 22, T12S, R4 W, SAM. OF BEARINGS: THE &4sls OF BEARINGS FOR THIS MAP IS A PORTION c SAW DIEGO. IHC THE NORTHERLY LINE OF FRACTIONAL SECTION 22. T12S Fw.w.Jc rmsHancksssrSritr200 R4W, S.B.M., PER MAP NO. 13429, /.E. N 89*57'43*E. aK3NmuNc snMes4um Is, II . ,:;NRVMNGrlpH(619)5584~00r0((68)55BUU . . I. . , . , . II ... , (, . SHEET 1 OF 0013LMl.Offi DED/CAT]ON PUT - CIN OF CARLSBAD APPLICANT: PREPARE0 BY: PROJECT: ' A.P.N.: CATELLUS RES I OENT I AL GROUP SLOPE & TEMPORARY IRVINE, CA 92714 SUI TE 400 5 PARK PLAZA JOHN W. HILL JR. L.S. 5669 USEMENTS EXHIBIT (714) 251-6100 EXPIRES: 9/30/99 +dp 7-3- 76 CONSTRUCTION 215-070-26 Y PR. 3.2.106 J C%C) f@\T 8. *) 6 cf ._ I I > 1 'I m ~~ PI INDICATES TEMPORARY /, CONSTRUCTION EASEMENT "- ""- I AWARA PARKWAY PER NOTICE OF PENDfNG ACTION RECORDED PAR^^^ ~ 5/77/96 1996-0251 722 0.R. I. 048 ACRES "" POINSETTIA LANE OFFERED FOR DEDICATION AND REJECTED PER MAP 12972 ~J\JJ~ J\J~~ 4 /!A/\ P JVD~ 72972 @JT y gF ~/\~j~~~/\~ T.&'/\ eT YD-15 200 1 w " :& . SA NOTE: SCALE 1" = 200' FIUNSAKER DATA SHOWN HEREON IS EASED ON THE FOLLOWING L ASSOC~TES RECORD OF SURVEY MAPS: 584, 4772, 4773, 5715, ~ ... N DIEGO. INC 6269, 10774, 12096, 13762 AND 14630. RECORD OF SURVEY MAP NO. 14608 SHOWS ALTERNATE LOCATIONS FOR PROPERTY LINES SHOWN HEREON. NO OF PROPERTY OR OWNERSHIP LINES. SHEET MINC 1oD9 l-hermkm SL Site 200 I ENONEEUlNC SanDiegqGSnn Mx p~(619)ssBlHH1.~((679)55&1414 REPRESENTATlON IS MADE HEREON AS TO THE L OCATlON 00IJu02.Dwc I DEDlCATlON PLAT - CITY OF CARLSBAD I A.P.N.: 1 sum IAPPLICANT: I PREPARED BY: I PROJECT: CATELLUS RESIDENTIAL mOUP IRVINE, CA 92714 SUI TE 400 5 PARK PLAZA (714) 251-6100 EXHIBI' PR. 3.2. I06 EXPIRES 9/30/99 SLOPE & TEMPORARY %v4-5% 3-3-98 CONSTRUCTION 2 15-071 JOHN W. HILL, JR. L.S. 5669 GISEMENTS b -H\i3\T &" \? 04 C\q DEDlCAnON RAT - CIT/ OF CARLSBAD APPLICANT: A.P.N.: PROJECT: PREPARED BY: CATELLUS RESIDENTIAL GROUP IRVINE, CA 92714 SUITE 400 5 PAGK PLAZA JOHN W. HILL. JR. L.S. 5669 % L/k* 3-3-96 DRAINAGE E4SEMENTS 2 15-07 (714) 251-6100 EXHIBI PR. 3.2.106 EXPIRES: 9/30/99 / CjCHlRtT- 4- (&I oc “q - i ‘c RECORDING REQUESTED B h AND WHEN RECORDED, PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, California 92008 MAIL TAX STATEMENTS TO: EXEMPT The undersigned grantor(s) declare(s): Documentary transfer tax is $o.oO ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: ( x ) City of Carlsbad, and Assessor’s Parcel No.: APN 215-070-14 DOCUMENT NO.: 020FERN - Space above this line for Recorder’s Use - NO RECORDING FEE REQC THIS DOCUMENT EXEMPT PURSUANT TO SECTION 2; CALIFORNIA GOVERNMEN’ Project: Poinsettia Lane Extension Location: Poinsettia Lane & Aviara Parkwa! Reference: RW1020FERN INDIVIDUAL GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, VICTORIA FERNANDEZ AS TRUSTEE UNDER THE FERNANDEZ TRUST DATED APRIL 21, 1982 hereby GRANTS to the CITY OF CARLSBAD, a Municipal Corporation, the following described real property which is situated in the City of Carlsbad, County of San State of California, as more particularly described in the attached Exhibit “A’ and as shown o attached Exhibit “B”. The Grantor understands that the present intention of the Grantee is to construct and a public highway on the lands hereby conveyed in fee and the Grantor, for the Grantor’s sua and assigns, hereby waives any claims for any and all damages to grantor’s remaining prop€ contiguous to the property hereby conveyed by reason of the location, construction, landscal maintenance of said highway. (As used above, the term “Grantor” shall include the plural as well as the singular nun (JANMAC, INC., Expropriation Consultants) (carlsbad\POINSETTIA EXT\DEEDS\O2OFER Exk41G;y pi ’9 3q /I* + I 0 0 This document was executed this day of , I! VICTORIA FERNANDEZ AS TRUSTEE UNDER THE FERNANDEZ TRUST DATED APRIL 21,198; BY: VICTORIA FERNANDEZ (NOTARY JURAT) 1 STATE OF }ss. 1 COUNTY OF 1 On before me, personally appeared personally known to me (or pro! me on the basis of satisfactory evidence) to be the person(s) whose name(s) idare subscribed to the within instrument and acknowledged tc that he/she/they executed the same in his/her/their authorized capacity(ies), and that by hislherltheir signature(s) on the instrument the persc or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature: (This area for official notarial seal) (JANMAC, INC., Expropriation Consultants) (carlsbad\POINSETTIA EXT\DEEDS\O2OFEF E?:$y* A 20 Oi C\J 1 0 0 EXHIBIT “A” LEGAL DESCRIPTION FERNANDEZ FAMILY TRUST PR. 3.4.31 5 (POINSETTIA LANE 8~ BRIGANTINE DRIVE) HEREIN LYING WITHIN PARCEL “A (OWNERSHIP PARCEL) DESCRIBED HEREIb THOSE PORTIONS OF PARCELS 1 AND 2 (DEDICATION PARCELS) DESCRIBED PARCEL “A” (OWNERSHIP PARCEL) THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF Tt SOUTHWEST QUARTER OF FRACTIONAL SECTION 22, TOWNSHIP 12 SOUT RANGE 4 WEST, SAN BERNARDINO MERIDIAN, AS DESCRIBED IN QUITCIA DEED RECORDED NOVEMBER IO, 1982 AS FILE NO. 82-348161 OF OFFICI, - RECORDS OF SAN DIEGO COUNTY, IN THE CITY OF CARLSBAD, COUNTY C SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF \ PARCEL 1 (DEDICATION PARCEL - POINSETTIA LANE) BEING A 102.00 FOOT WIDE STRIP OF LAND LYING 51.00 FEET ON EACH SIC OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE CENTERLINE INTERSECTION OF POINSETTIA LANE Af AVIARA PARKWAY (FORMERLY ALGA ROAD) AS SHOWN ON CITY OF CARLSBj TRACT 90-15, MAP NO. 12972, FILED IN THE OFFICE OF THE COUN- RECORDER SEPTEMBER 17,1992, SAID POINT BEING OCCUPIED BY A STREl SURVEY MONUMENT STAMPED “L.S. 5894” PER RECORD OF SURVEY MAP N 13348, FILED IN THE OFFICE OF THE COUNTY RECORDER AUGUST 8, 19s SAID POINT BEARS NORTH 72012’46” EAST, 593.97 FEET (NORTH 72047’00” EA5 593.94 FEET PER R OF S 13348) FROM A POINT ON THE CENTERLINE OF SP POINSETTIA LANE AS SHOWN ON SAID RECORD OF SURVEY MAP NO. 1331 SAID POINT BEING OCCUPIED BY A STREET SURVEY MONUMENT STAMP1 PAGE 1 OF 4 I- WO 1953-4 2/27/98 :DA M:\Legals\l953 Ocean BlufA004A02.doc )”. i _..* , ,. . .. 7 ; , ,i I ;\ ’ ‘21 0-6 1’7 .- * 0 0 “L.S. 5894”; THENCE LEAVING SAID CENTERLINE INTERSECTION ALONG SA CENTERLINE OF POINSETTIA LANE, NORTH 72012’46” EAST (NORTH 72047’0 EAST PER MAP 12972), 185.00 FEET TO THE BEGINNING OF TANGENT CUR\ CONCAVE NORTHWESTERLYl HAVING A RADIUS Of 1400.00 FEET; THENC NORTHEASTERLY ALONG SAID CENTERLINE AND THE ARC OF SAID CUR\ THROUGH A CENTRAL ANGLE OF 02041’01” A DISTANCE OF 65.57 FEE (02041’12”, 65.65 FEET PER MAP 12972) TO A POINT ON THE SOUTHERLY LIb OF SAID SECTION 22, SAID POINT BEING THE TRUE POINT OF BEGINNIN THENCE NORTHEASTERLY ALONG A CONTINUATION OF SAID CENTERLIP AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 27050’53”, DISTANCE OF 680.46 FEET; THENCE NORTH 41040’52” EAST, 515.94 FEET 1 THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY, HAVING RADIUS OF 1400.00 FEET ; THENCE NORTHEASTERLY ALONG THE ARC C SAID CURVE THROUGH A CENTRAL ANGLE OF 0801 1’26” A DISTANCE OF 200.’ FEET TO A POINT HEREINAFTER REFERRED TO AS POINT “A”; THENC CONTINUING NORTHEASTERLY AND EASTERLY ALONG THE ARC OF SA’ CURVE THROUGH A CENTRAL ANGLE OF 42036’00” A DISTANCE OF 1040.: FEET TO A POINT ON THE SOUTHERLY LINE OF PARCEL “B” OF CERTIFICA7 OF COMPLIANCE RECORDED MARCH 11, 1997, FILE NO. 1997-010631 C OFFICIAL RECORDS; THENCE ALONG SAID SOUTHERLY LINE, SOUTH 87031’4 EAST, 134.77 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL “B”, SA POINT BEING OCCUPIED BY A 314” IRON PIPE MARKED “RCE 8210”. THE SIDELINES OF SAID 102.00 FOOT WIDE STRIP OF LAND TO BE SHORTENE OR EXTENDED SO AS TO TERMINATE SOUTHWESTERLY IN THE SOUTHERL LiNE OF SAID FRACTIONAL SECTION 22 AND NORTHEASTERLY IN TI- SOUTHERLY LINE OF PARCEL “B” OF SAID CERTIFICATE OF COMPLIANCE AE EASTERLY IN THE WESTERLY LINE OF BLACK RAIL ROAD PER NOTICE C PENDING ACTION SUPERIOR COURT CASE NO. NO75924 RECORDE SEPTEMBER 12,1997, FILE NO. 1997-0444689 OF OFFICIAL RECORDS. PAGE 2 OF 4 :DA M:\Legals\l953 Ocean Blufn004A02.doc WO 1953-4 2/27/98 &kt‘gLT 4 2% 0 -e ‘Iq e 0 PARCEL 2 (DEDICATION PARCEL - BRIGANTINE DRIVE) BEING A 42.00 FOOT WIDE STRIP OF LAND LYING 12.00 FEET WESTERLY AI 30.00 FEET EASTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE HEREINABOVE DESCRIBED POINT “A” SAID Poll BEING ON THE ARC OF A 1400.00 FOOT RADIUS CURVE CONCA‘ SOUTHEASTERLY A RADIAL LINE TO SAID POINT BEARS NORTH 40’07’d WEST; THENCE RADIAL FROM SAID CURVE, NORTH 40’07’42” WEST, 51.00 FE TO A POINT ON THE NORTHWESTERLY LINE OF THE HEREINABO’ DESCRIBED PARCEL 1 SAID POlNT BEING THE TRUE POINT OF - BEG\NNIK THENCE CONTINUING NORTH 40”07’42” WEST, 127.52 FEET TO A TANGE CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 300.00 FEE THENCE NORTHWESTERLY, ALONG THE ARC OF SAID CURVE, THROUGH CENTRAL ANGLE OF 17”29’29”, AN ARC LENGTH OF 91.58 FEET; THEN( NORTH 22”38’13“ WEST, 117.15 FEET TO A TANGENT CURVE, CONCAI NORTHEASTERLY, HAVING A RADIUS OF 300.00 FEET; THEN( NORTHWESTERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTR ANGLE OF 11’33’05“, AN ARC LENGTH OF 60.48 FEET TO THE POINT ( TERMINUS SAID POINT BEING ON THE SOUTHERLY LINE OF PARCEL “6” < CERTIFICATE OF COMPLIANCE RECORDED MARCH 11, 1997 FILE NO. 19s 0106631 OF OFFICIAL RECORDS AND LYING SOUTH 87’27’43” EAST, 3.54 FEI FROM THE SOUTHWEST CORNER OF SAID PARCEL “B”, THE CONTINUATION ( SAID CURVE BEING TANGENT TO AND ENDING ON THE WESTERLY LINE ( SAID PARCEL “B”. THE SIDELINES OF SAID 42.00 FOOT WIDE STRIP OF LAND TO BE SHORTENE OR EXTENDED SO AS TO TERMINATE SOUTHERLY IN THE NORTHWESTERI LINE OF THE HEREINABOVE DESCRIBED PARCEL 1 AND NORTHERLY IN Tt SOUTHERLY LINE OF PARCEL “B” OF CERTIFICATE OF COMPLIANC PAGE 3 OF 4 :DA M:\Legals\l953 Ocean Bluffl004A02.doc WO 1953-4 2/27/98 Lw 1B k7 23 &-. 19 0 0 RECORDED MARCH 11 I 1997 FILE NO. 1997-0106631 OF OFFICIAL RECORI AND THE SOUTHERLY LINE OF PARCEL “A’ OF CERTIFICATE OF COMPLIANf RECORDED MARCH 1 1, 1997 FILE NO. 1997-01 06633 OF OFFICIAL RECORDS. -p cA/ L$( 3-3-4 ,o JOHN W. HILL, JR. L.S. 5669 HUNSAKER & ASSOCIATES SAN DIEGO, INC. - PAGE 4 OF 4 :DA M:\Legals\l953 Ocean B1u~004A02.doc wo 1953-4 2127198 EXtfbG;3rL 4 2q 0-c 1 iy * ~ ~~~ ROS EO96 ROS 14608 -" "" FRA cTJoNAL " ""- m] INDICATES STREET DEDICATION 0.226 / A INDICATES STREET SURVEY MONUMENT Si "RCE 82 lo* PER R OF S 12096 "L.s. 5894" PER R OF s 13348. INDICATES 314" IRON PIPE MARKED ( 1 INDICATES RECORD DATA PER MAP 1297. [ ] INDICATES RECORD DATA PER R OF S 1. { 1 INDICATES RECORD DAPI PER R OF S 4 (( )) INDICATES RECORD DATA PER CERTIFIGI T; COMPLIANCE REC. 3/11/97, 1997-0106 NO SCALE [[ ]] INDICIZTES RECORD DATA PER CERTlFlCAi COMPLIANCE REC. 3/11/97, 1997-0106 WCrnITY w H HUNSAKER LEGAL DESCmmON L A j &ASSOCIATES MNG rnHsndrsaStWiQa THE NORTHERLY LINE OF FR4CTIONAL SECTION 2; WIJLBof.0wG SHEET PORnON OF FRACTIONAL SEC. 22, T12S. R4W, S. THE &ISIS OF BDIRINGS FOR THIS MAP IS A PO/ . . .... SAN DlEGQ INC BASIS OF BEARINGS.. WONEEWC S~mCaSnn R4W, S.B.M., PER MAP NO. 13429. I.E. N 89-57: SURMYINC t"I(6l9)55€+4500. FX(619)55&UU DEDlCATlON PLAT - CW OF CARLSBAD APPLICANT: I PREPARED BY: I PROJECT: I A.P.N.: CATELLUS RESIDENTIAL GROUP IRVINE, CA 92714 SUI TE 400 5 PAM PLAZA (714) 251-6100 7 LC 4 p 3-3-7; JOHN W. HILL, JR. LS. 5669 EXPIRES 9/30/99 I POINS€77M LANE AND BR/MNE DRNE PR. 3.4.375 2 15-Oi EXHIBI &54+141-T A- 25 04 [lLf 0 SCALE 1 " = 100' I I I I hj gF 5 4772 I Y I I I I hj gF 5 4772 I Y FERNANDEZ FAMILY TRUST 215-070- 14 ! I I '\ /\g 714, syj j/4, 5 J/y I/$ \ De& rl T'r ", 77 TITS, g&y, sB]H \ .\ - \ \ PARCEL "A" \ \ \ \ \""" -L-"", :L \ \ \ \ \ "" \ \ \ T.FCFnTn YY "I .u '. \ LTIITT] INDICATES STREET DEDICATION I NOTE L ~ JXJNSAKER DATA SHOWN HEREON IS BASED ON THE FOLLOWING RECORD OF SURVEY MAPS: 584, 4772, 4773, 5715, F A i & Assocfi~s 6269, 10774, 12096, 13762 AND 14630. RECORD OF ,. . .. SAN DIEGO. INC SURVEY MAP NO. 14608 SHOWS ALTERNATE LOCATIONS I RANNINC 10D9tiJmCk6SLSLitcH)O FOR PROPERTY LINES SHOWN HEREON. NO mMyINc w613k5-"Fx(613)55suu OF PROPERTY OR OWNERSHIP LINES. ENCINERING San Diego, G 9Znl REPRESENTATION IS MADE HEREON AS TO THE LOCATION WlJLBOZ.DM; SHEET DEDlCATlON PLAT - CrrY OF CARLSBAD APPLICANT: I PREPARED BY: I PROJECT: I A.P.N.: CATELLUS RESIDENTIAL GROUP IRVINE, CA 92714 SUITE 400 POINSETTIA LANE 5 PARK PLAZA PR. 3.4.3 15 EXPIRES: 9/30/99 (714) 251-6100 % k/&a 3-3- sq AND 2 15-01 JOHN W. HILL, JR. LS. 5669 EmIBI BRIMNE DRIVE ~ ~ ~~~ ExHlgi'iq 26 +.tiy ~~ ~ "' L. .I SCALE 1" = 100' 3 zFERNANDE.2 FAMILY TRUST Le . =lQ -4 4r w4r J\.z j/d j S l/i/ j/d, 5 !4/j/d \ DcG PJ j- 1 22, n2sj AJ4 by, \ S31M LEGEND vrd INDIUTES STREET DEDIUTION """ 9 (SEE SHEETS 1 & 2) "" """ DATA SHOWN HEREON IS EASED ON THE F0LLOWhfJG pLAwNc 1OD9 ma st % 2M) FOR PROPERTY LINES SHOWN HEREON. NO wRMyINc pH16~~55wMo.Fx~6,9~558,,~ REPRESENTATION IS MADE HEREON AS TO THE LOCATION WONEWlNC SU, Dig% Ca 9ZUl OF PROPERTY OR OWNERSHIP LINES. SHEEi 0013L61.3.QWG I DEDlCAllON PLAT - ClTY OF CARLSBAD APPLICANT: 1 PREPARED BY: 1 PROJECT: I A.P.N.: CATELLUS RESlDENTlAL GROUP IRVINE. CA 92714 2 15-0j SUITE 400 CAY k4- 3-3- 98 5 PARK PLAZA JOHN W. HILL. JR. LS. 5669 BRIMNE DRM E~IBI (714) 251-6100 EXPIRES: 9/30/99 PR. 3.4.375 b POINSE77M LANE AND &d..i /Q,("r & 2-7 a& . I1 9 - - RECORDING REQUESTED AND WHEN RECORDED, PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, California 92008 MAIL TAX STATEMENTS TO: EXEMPT I The undersigned grantor(s) declare(s): Documentary transfer tax is $m ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: ( x ) City of Carlsbad, and Assessor’s Parcel No.: APN 215-070-14 DOCUMENT NO.: 021 FERN - Space above this line for Recorder’s Use - NO RECORDING FEE REQU THIS DOCUMENT EXEMPT I PURSUANT TO SECTION 2i CALIFORNIA GOVERNMEN- Project: Poinsettia Lane Extension Location: Poinsettia Lane & Aviara Parkwaq Reference: RW/021 FERN SLOPE AND TEMPORARY CONSTRUCTION EASEMENTS FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, VICTORIA FERNANDEZ AS TRUSTEE UNDER THE FERNANDEZ TRUST DATED APRIL 21, 1982 hereby GRANTS to the CITY OF CARLSBAD, a Municipal Corporation, easements for the construction and maintenance of slopes and incidents thereto, upon, over and acrc certain real property hereinafter described, together with; easements for temporary construction purposes and incidents thereto, upon, over, and across that CE property hereinafter described. The real property referred to hereinabove and made subject to said slope easements is situated in thi Carlsbad, County of San Diego, State of California, and is more particularly described in the attached “A” as Parcels 3 and 5 and as shown on the attached Exhibit “B” as Parcels 3 and 5. The real property referred to hereinabove and made subject to said temporary construction easemen situated in the City of Carlsbad, County of San Diego, State of California, and is more particularly des the attached Exhibit “A’ as Parcels 4 and 6 and as shown on the attached Exhibit “B” as Parcels 4 an (JANMAC, INC., Expropriation Consultants) (carlsbad\POINSETTIA EXi\Easernents\OZIFERI Ewi\B\T Pi- 2% er (l$/ 0 0 It is understood and agreed that the Grantor(s) of the temporary construction easement shall not be I for any damage to equipment or injury to personnel of said Grantee, its agents or employees, in the I ance of the work done within the temporary construction easement. The temporary construction eas shall remain in force for a period of three (3) years from the date this document has been recorded ir Office of the County Recorder of San Diego County. Upon the expiration of said three (3) year perioc Grantee shall have no further rights or liability in connection with said temporary construction easemc This document was executed this day of ,I VICTORIA FERNANDEZ AS TRUSTEE UNDER THE FERNANDEZ TRUST DATED APRIL 21,198: BY: VICTORIA FERNANDEZ (NOTARY JURAT) STATE OF }ss. COUNTY OF 1 1 1 On before me, personally appeared personally known to me (or prov me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to that helshelthey executed the same in his/her/their authorized capacity(ies), and that by hislherltheir signature(s) on the instrument the perso or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature: (This area for official notarial seal) I (JANMAC, INC., Expropriation Consultants) (carlsbad\POINSETTIA EXT\Easements\021FERF E&k iG[T A. 29 6; \ 1 '+ r‘ e e EXHIBIT “A” LEGAL DESCRlPTION FERNANDEZ FAMILY TRUST PR. 3.2.1 03 (SLOPE AND TEMPORARY CONSTRUCTION EASEMENTS) THOSE PORTIONS OF THE NORTHEAST QUARTER OF THE SOUTHWE! QUARTER OF THE SOUTHWEST QUARTER OF FRACTIONAL SECTION i TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, 1 DESCRIBED IN QUITCLAIM DEED RECORDED NOVEMBER IO, 1982 AS FILE N 82-348161 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY, IN THE CITY ( CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING T OFFICIAL PLAT THE-REOF, BEING .MORE PARTICULARLY DESCRIBED 1 FOLLOWS: PARCEL 1 (REFERENCE ONLY POINSETTIA LANE) BEING A 102.00 FOOT WIDE STRIP OF LAND LYING 51 .OO FEET ON EACH SI[ OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE CENTERLINE INTERSECTION OF POINSETTIA LANE ~h AVfARA PARKWAY (FORMERLY ALGA ROAD) AS SHOWN ON CITY OF CARLSBL TRACT 90-15, MAP NO. 12972, FILED IN THE OFFICE OF THE COUN- RECORDER SEPTEMBER 17, 1992, SAID POINT BEING OCCUPIED BY A STREE SURVEY MONUMENT STAMPED “L.S. 5894” PER RECORD OF SURVEY MAP N\ 13348, FILED IN THE OFFICE OF THE COUNTY RECORDER AUGUST 8, 199 SAID POINT BEARS NORTH 72”12’46” EAST, 593.97 FEET (NORTH 72”47’00” EAS 593.94 FEET PER R OF S 13348) FROM ‘A POINT ON THE CENTERLINE OF SA1 POINSETTIA LANE AS SHOWN ON SAID RECORD OF SURVEY MAP NO. 1334 SAID POINT BEING OCCUPIED BY A STREET S.URVEY MONUMENT STAMPE “L.S. 5894”; THENCE LEAVING SAID CENTERLINE INTERSECTION ALONG SA CENTERLINE OF POlNSETlA LANE, NORTH 72’12’46” EAST (NORTH 72”47’0 EAST PER MAP 12972), 185.00 FEET TO THE BEGlNNlNG OF TANGENT CUR\ CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 1400.00 FEET; THENC ,/ PAGE 1 OF 6 :DA M:\Legals\l953 Ocean Bluff\004A09.doc WO 1953-4 2/27/98 < .’. ~ _: r: ,‘ 30 CJ l-19 “ , ’,^“ ~ 2’ ,* .!. 0 0 NORTHEASTERLY ALONG SAID CENTERLINE AND THE ARC OF SAID CUF THROUGH A CENTRAL ANGLE OF 02”41’01” A DISTANCE OF 65.57 FE (02”41’12”, 65.65 FEET PER MAP 12972) TO A POINT ON THE SOUTHERLY LI OF SAID SECTION 22, SAID POINT. BEING THE TRUE POINT OF BEGlNNlf .. THENCE NORTHEASTERLY ALONG A CONTINUATION OF SAID CENTERL AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 27”50’53’ DISTANCE OF 680.46 FEET; THENCE NORTH 41’40’52” EAST, 515.94 FEET THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY, HAVIN( RADIUS OF 1400.00 FEET ; THENCE NORTHEASTERLY AND EASTERLY ALO THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 50”47”26 DISTANCE OF 1241.05 FEET TO A POINT ON THE SOUTHERLY LINE OF PARC I‘B” OF CERTIFICATE OF COMPLIANCE RECORDED MARCH I I, 1997, - FILE r 1997-010631 OF OFFICIAL RECORDS; THENCE ALONG SAID SOUTHERLY ill SOUTH 87’31’42” EAST, 134.77 FEET TO THE SOUTHEAST CORNER OF Si PARCEL “B”, SAID POINT BEING OCCUPIED BY A 314’’ IRON PIPE MARKED “R 821 0”. .I . THE SIDELINES OF SAID 102.00 FOOT WIDE STRIP OF LAND TO BE SHORTEN OR EXTENDED SO AS TO TERMINATE SOUTHWESTERLY IN THE SOUTHEF LINE OF SAID FRACTIONAL SECTION 22 AND NORTHEASTERLY IN J SOUTHERLY LINE OF PARCEL “B” OF SAID CERTIFICATE OF COMPLIANCE A EASTERLY IN THE WESTERLY LINE OF BLACK RAIL ROAD PER NOTICE PENDING ACTION SUPERIOR COURT CASE NO. NO75924 RECORC SEPTEMBER 12, 1997, FILE NO. 1997-0444689 OF OFFICIAL RECORDS. PARCEL 2 (REFERENCE ONLY BRIGANTINE DRIVE) BEiNG A 42.00 FOOT WIDE STRIP OF LAND LYING 12.00 FEET WESTERLY A 30.00 FEET EASTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE HEREINABOVE DESCRIBED POINT “A” SAID POI BEING ON THE ARC OF A 1400.00 FOOT RADIUS CURVE CONCP SOUTHEASTERLY A RADIAL LINE TO SAID POINT BEARS NORTH 40”07’ PAGE 2 OF 6 :DA M:\Legals\l953 Ocean BIum004A09.doc WO 1953-4 2/27/98 &i+1@14 pt- 21 3.F 119 1 0 0 WEST; THENCE RADIAL FROM SAID CURVE, NORTH 40’07’42” WEST, 51.00 FEE TO A POINT ON THE NORTHWESTERLY LINE OF THE HEREINABOV DESCRIBED PARCEL I SAID POINT BEING THE TRUE POINT OF BEGINNIN( THENCE CONTINUING NORTH 40’07’42” WEST, 127.52 FEET TO A TANGEh CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 300.00 FEE THENCE NORTHWESTERLY, ALONG THE ARC OF SAID CURVE, THROUGH CENTRAL ANGLE OF 17’29’29”, AN ARC LENGTH OF 91.58 FEET; THENC NORTH 22’38’13” WEST, 117.15 FEET TO A TANGENT CURVE, CONCAL NORTHEASTERLY, HAVING A RADIUS OF 300.00 FEET; THENC NORTHWESTERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRL ANGLE OF 11’33’05”, AN ARC LENGTH OF 60.48 FEET TO THE POINT C TERMINUS SAID POINT BEING ON THE SOUTHERLY LINE OF PARCEL “B” C CERTIFICATE OF COMPLIANCE RECORDED MARCH 11, 1997 FILE NO. I99 0106631 OF OFFICIAL RECORDS AND LYING SOUTH 87’27’43” EAST, 3.54 FEE FROM THE SOUTHWEST CORNER OF SAID PARCEL “B”, THE CONTINUATION C SAID CURVE BEING TANGENT TO AND ENDING ON THE WESTERLY LINE C SA1 D PARCEL “B”. THE SIDELINES OF SAID 42.00 FOOT WIDE STRIP OF LAND TO BE SHORTENE OR EXTENDED SO AS TO TERMINATE SOUTHERLY IN THE NORTHWESTERI LINE OF THE HEREINABOVE DESCRIBED PARCEL 1 AND NORTHERLY IN TI- SOUTHERLY LINE OF PARCEL “B” OF CERTIFICATE OF COMPLIAN( RECORDED MARCH 11, 1997 FILE NO. 1997-0106631 OF OFFICIAL RECORC AND THE SOUTHERLY LINE OF PARCEL “A” OF CERTIFICATE OF COMPLIAN( RECORDED MARCH 11, 1997 FILE NO. 1997-0106633 OF OFFICIAL RECORDS. PARCEL 3 (SLOPE EASEMENT) COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SA SECTION 22; THENCE ALONG THE SOUTHERLY LINE THEREOF, NOR- 87”37’28” WEST, 131.82 FEET TO AN INTERSECTION WITH THE NORTHER LINE OF THE HEREINABOVE DESCRIBED PARCEL 1 (PROPOSED POINSET7 PAGE 3 OF 6 :DA M:\Legals\l953 Ocean BlufR004A09.doc WO 1953-4 2/27/98 EKff t8LqA 32 & 1 Ly -. 0 e LANE) SAID POINT BEING THE TRUE POINT OF BEGINNING; THENC CONTINUING ALONG SAID SOUTHERLY LINE, NORTH 87'37'28" WEST, 149.t FEET; THENCE LEAVING SAID SOUTHERLY LINE, NORTH 71'28'42" EAST, 133.: FEET; THENCE NORTH 53'44'32" EAST, 183.78 FEET TO A POINT ON TI- EASTERLY LINE OF THE NORTHEAST QUARTER OF THE SOUTHWE: QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 22; THENC ALONG SAID EASTERLY LINE, SOUTH 02'23'14" EAST, 16.23 FEET TO 1 INTERSECTION WITH THE NORTHERLY LINE OF THE HEREINABO\ DESCRIBED PARCEL 1 (PROPOSED POINSETTIA LANE); THENCE ALONG SA NORTHERLY LINE, SOUTH 41'40'52" WEST 188.87 FEET TO THE TRUE POINT ( BEGINNING. - THE HEREINAB OVE-DESCRIBED PARCEL OF LAND CONTAINS 0.218 ACF MORE OR LESS. PARCEL 4 (TEMPORARY CONSTRUCTION EASEMENT) COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SP SECTION 22; THENCE ALONG THE SOUTHERLY LINE THEREOF, NOR' 87'37'28" WEST, 131.82 FEET TO AN INTERSECTION WITH THE NORTHER LINE OF THE HEREINABOVE DESCRIBED PARCEL 1 (PROPOSED POlNSETl LANE); THENCE CONTINUING ALONG SAID SOUTHERLY LINE, NORTH 87'37': WEST, 149.88 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVI! SAID SOUTHERLY LINE, NORTH 71"28'42" EAST, 133.39 FEET; THENCE NOR 53'44'32" EAST, 183.78 FEET TO A POINT ON THE EASTERLY LINE OF TI NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWE QUARTER OF SAID SECTION 22; THENCE ALONG SAID EASTERLY LINE, NOR 02"23'14" WEST, 91.29 FEET; THENCE LEAVING SAID EASTERLY LINE, SOU 42"38'54" WEST, 16.43 FEET; THENCE SOUTH 03'41'32" WEST, 68.67 FEI THENCE ALONG A LINE THAT IS PARALLEL WITH AND 20.00 FE NORTHWESTERLY MEASURED AT A RIGHT ANGLE TO THE NORTHWESTEF LINE OF THE HEREINABOVE DESCRIBED PARCEL 2; THENCE ALONG S/ PAGE 4 OF 6 :DA M:\Legals\l953 Ocean BlufflO04A09.doc WO 19534 2/27/98 CXI4l&iT A 33 64. 1 1 q * .. . 0 0 PARALLEL LINE SOUTH 53’44’32” WEST, 171.32 FEET; THENCE CONTINUII ALONG SAID PARALLEL LINE, SOUTH 71O28’42” WEST, 182.65 FEET TO A POI ON THE SOUTHERLY LINE OF THE NORTHWST QUARTER OF THE SOUTHWE QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 22; THEN ALONG SAID SOUTHERLY LINE, SOUTH 87’37’28” EAST 56.07 FEET TO T TRUE POINT OF BEGINNING. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.182 AC MORE OR LESS. PARCEL 5 (SLOPE EASEMENT) COMMENCING AT THE SOUTHEAST CORNER OF PARCEL “A” OF CERTIFICA - OF COMPLIANCE RECORDED MARCH 11, 1997 AS FILE NO. 1997-0106633 OFFICIAL RECORDS OF SAID SAN DIEGO COUNTY; THENCE ALONG TI SOUTHERLY LINE THEREOF, NORTH 87O42’26” WEST, 8.79 FEET TO A POINT THE WESTERLY SIDELINE OF THE HEREINABOVE DESCRIBED PARCEL 2, SP POINT BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALOF SAID SOUTHERLY LINE, NORTH 87’42’26” WEST, 30.13 FEET; THENCE LEAVIF SAID SOUTHERLY LINE, SOUTH 23’22’44’’ EAST, 108.26 FEET TO A POINT ( THE EASTERLY LINE OF THE NORTHEAST QUARTER OF THE SOUTHWE QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 22; THEN( ALONG SAID EASTERLY LINE, NORTH 02’23’14” WEST, 57.33 FEET TO A Poll IN SAID WESTERLY SIDELINE OF PARCEL 2, SAID POINT BEING THE BEGINNIF OF A NON-TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS ( 312.00 FEET A RADIAL LINE TO SAID POINT BEARS SOUTH 71’43’15” WE: THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH CENTRAL ANGLE OF 07’43’12’’ A DISTANCE OF 42.04 FEET TO THE TRUE Poll OF BEGINNING. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.039 ACF MORE OR LESS. :DA M:\Legals\l953 Ocean Blum004A09.doc WO 1953-4 2/27/98 PAGE 5 OF 6 EXWBl-T R z? 79 3, f IILt . .. . 0 0 PARCEL 6 (TEMPORARY CONSTRUCTION EASEMENT) COMMENCING AT THE SOUTHEAST CORNER OF PARCEL “A” OF CERTIFICAI OF COMPLIANCE RECORDED MARCH 11, 1997 AS FILE NO. 1997-0106633 C OFFICIAL RECORDS OF SAID SAN DIEGO COUNTY; THENCE ALONG Tt SOUTHERLY LINE THEREOF, NORTH 87’42’26” WEST, 8.79 FEET; THEN( CONTINUING ALONG SAID SOUTHERLY LINE, NORTH 87’42’26’’ WEST, 30. FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SA SOUTHERLY LINE, SOUTH 23’22’44” EAST, 108.26 FEET TO A POINT ON Tt EASTERLY LINE OF THE NORTHEAST QUARTER OF THE SOUTHWE: QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 22; THEN( ALONG SAID EASTERLY LINE, SOUTH 02’23’14’’ EAST, 54.88 FEET; THEN( LEAVING SAID EASTERLY LINE, NORTH 29’41’10” WEST, 3.09 FEET; THEN( ALONG A LINE THAT IS PARALLEL WITH AND 20.00 FEET SOUTHWESTERLY ( THE SOUTHWESTERLY LINE OF SAID PARCEL 4, NORTH 23’22’44” WEST, 166. FEET TO A POINT ON THE SOUTHERLY LINE OF SAID PARCEL “A” ( CERTIFICATE OF COMPLIANCE RECORDED MARCH 11, 1997 AS FILE NO. 195 0106633 OF OFFICIAL RECORDS; THENCE ALONG SAID SOUTHERLY LIN SOUTH 87’42’26” EAST, 22.19 FEET TO THE TRUE POINT OF BEGINNING. - THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.064 ACf MORE OR LESS. +w&9. 7-3-gt JOHN W. HILL, JR. L.S. 5669 HUNSAKER &ASSOCIATES SAN DIEGO, INC. PAGE 6 OF 6 :DA M:\Legals\l953 Ocean BIufR004A09.doc WO 1953-4 2/27/98 @/+r3;ar& 3s Q+ w .' ROS 12096 -" -" "" -" FRA W~"J\JAL ""- R !-J 5 -j 0774 A INDICATES STREET SURVEY MONUMENT STA "1.S. 5894" PER R OF S 13348. INDICATES 3/4n IRON PIPE MARKED "RCE 82 10 PER R OF S 12096 ( 1 INDICATES RECORD DATA PER MAP 12972 [ ] INDICATES RECORD DATA PER R OF S 13. { { INDICATES RECORD DATA PER R OF S 47; [[ ]] INDICATES RECORD DATA PER CERTIFICATE VICINITY MAP COMPLMNCE REC. 3/11/97. 1997-01066. PLANHNC I ZzG . NO SCALE IfUNSAKER & ASSOCLATES IAN OlEGQ INC Hm9~aaStSlhrrn sanDiegc4cam Fti(6?9!5%45M) - FX(679)55&Ul4 W13LBll.Dm: - ,,, LEGAL DESCRIPTION BASIS OF BhWiXiVGS: PORTION OF FR4CTIONAL SEC. 22, T12.5, R4W, S.B THE R4SI.S OF BEARINGS FOR THIS MAP IS A PORl THE NORTHERLY LINE OF FR4CTIONAL SECTION 22, R4W, S.B.M., PER MAP NO. 13429, I.€. N 89'57'41 SHEET DEDICATlON PLAT - CITY OF CARLSBAD APPLICANT: A.F.N.: PROJECT: PREPARED BY: CATELLUS RESIDENTIAL GROUP IRVINE, CA 92714 SUITE 400 SLOPE & TEiUPOWY 5 PARK PLAZA EXHIBI' PR. 3.2. I03 EXPIRES: 9/30/99 (714) 251-6100 % A 4 9 3- 3- 76 CONsTRuC77ON 2 15-07( JOHN W. HILL JR. L.S. 5669 MEMEMS (5-f4w7 4 36 e$. wf 1 I. . 0 a I I I .P 1 Aj c.lF s J\JQ, 477’2 J\JZ j/4j s l/j/ Y/.L~ j 5 l/v j/4 APN 2 15-070- 14 0.182 ACRE 0.2 18 ACRE Y LINE 150’ WIDE &E G4SEMENT REC. - ’“ Kq INDICATES SLOPE EASEMENT 1-1 INDICATES TEMPORARY CONSTRUCTION EASEMENT 60 < SCALE 1” = 60’ NOTE: HUNSAKER DATA SHOWN HEREON IS R4SED ON THE FOLLOWING RECORD OF SURVEY MAPS: 584, 4772, 4773, 5715, &tASSoCIATES 6269, 10774, 12096, 13762 AND 14630. RECORD OF SURVEY MAP NO. 74608 SHOWS ALTERNATE LOCATIONS REPRESENTATION IS MADE HEREON AS TO THE LOCATION SAN DIEGO, INC WWC mHuemeka%Sr~m FOR PROPERTY LINES SHOWN HEREON. NO WQNERWC Sur Diego, Ca stm SURVMNC R1(619)5%4~. n(6ls)55&?44 001~~12.~~; OF PROPERTY OR OWNERSHIP LINES. SHEET DEDICATION PLAT - CI7Y OF CARLSBAD APPLICANT: A.P.N.: PROJECT: PREPARED BY: CATELLUS RESIDENTIAL GROUP IRVINE, CA 92714 SLOPE & TEMPORRY SUI TE 400 5 PARK PLAZA EXHIBI’ PR. 3.2.7 03 EXPIRES 9/30/99 (714) 251-6100 5&49 3 ‘3-75 CONSTRUCTION 2 15-07 JOHN W. HlL JR. L.S. 5669 MEMEN7S ~&($!\-r A -39 u+ I cy 0 0 ,- 1 0 /\I2 j/Ljj SN mj spy I/-$, DZJ "j v) "YT' 77 IY I ' SCALE 1 " = 30' HUNSAKER LEGEND 6 ASSOCIATES rl INDICATES SLOPE EASEMENT SAW DIEGO. IWC flNt4NG lOPPHnnaarSLSliccMO m"1 INDICATES TEMPORARY CONSTRUCTION DSEMENT .WON€ERL'iC SU,D*g4GSrm .. wI(vFyINC .PH(619)55WMo * FX(6W)SUU ' SHEET 3 OF M)13LBfIDIK; . ' DEDlCATlON ,PLAT - ' CIN OF CARLSBAD APPLICANT: A.P.N.: PROJECT: PREPARE0 BY:,. CATELLUS RES I DENT I AL GROUP €4SE..Em . 5 Pm PLAZA SUI TE 400 215-070-14 CONSTRUC77ON I , +-&4 ~ ? ..~-?e IRVINE, CA 92714 SLOPE & TEMPUmRY ', JOHN W. HILL, JR. LS. 5669 ' , EXHIBIT Y: (714) 251-6100' . ' EXPIRES: 9/30/99 PR. 3.2.1 03 ut.tr(31T A 38a-oP; I I y - - RECORDING REQUESTED AND WHEN RECORDED, PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, California 92008 MAIL TAX STATEMENTS TO: EXEMPT I The undersigned grantor(s) declare(s): Documentary transfer tax is $o.oO ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: ( x ) City of Carlsbad, and Assessor’s Parcel No.: APN 215-070-20 DOCUMENT NO.: 030HIDA - Space above this line for Recorder’s Use - NO RECORDING FEE REQU THIS DOCUMENT EXEMPT I PURSUANT TO SECTION 27 CALIFORNIA GOVERNMEN1 Project: Poinsettia Lane Extension Location: Poinsettia Lane & Aviara Parkway Reference: RW/030HIDA INDIVIDUAL GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, ERNEST M. HIDALGO and AVELINA HIDALGO, son and mother, as joint tenants hereby GRANTS to the City of Carlsbad, a Municipal Corporation, the following described real property in the City of Carlsbad, County of San Diego, State of C for public improvement purposes as described in the Exhibit “A’ consisting of two (2) pages, i hereto and made a part hereof, and Exhibit “B” consisting of two (2) pages is attached for cla The Grantor understands that the present intention of the Grantee is to construct and mainta public highway on the land hereby conveyed in fee and the Grantor, for the Grantor’s succes assigns, hereby waives any claim for any and all damages to grantor’s remaining property co to the property hereby conveyed by reason of the location, construction, landscaping or main of said highway. (As used above, the term “Grantor” shall include the plural as well as the singular nurn (JANMAC, INC., Expropriation Consultants) (carlsbad\POINSETTIA EXnDEEDS\030HIDA) 04/10/ Ew~r~ A 3 Bf 114 - 0 0 This document was executed this day of ERNEST M. HIDALGO and AVELINA HIDALGO, son and mother, as joint tenants ERNEST M. HIDALGO AVELl NA HIDALGO (NOTARY JURAT) STATE OF }ss. COUNTY OF 1 On before me, (the notary) personally appeared (insert here the names of the parties who personally appeared) 1 1 personally known to me on the basis of satisfactory evidence) to be the person(s) whose name(s) idare subscribed to the within instrument and acknowledged to he/she/they executed the same in hislherltheir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature: (This area for official notarial seal) I (carlsbad\POINSETTIA EXT\DEEDS\030HIDA) 04/10 (JANMAC, INC., Expropriation Consultants) E~~o-~LBM A- 40 o+ ;; y , I_ 1 - 0 0 EXHlBlT “A” LEGAL DESCRIPTION HIDALGO PR. 3.4.31 6 (POINSETTIA LANE) THAT PORTION OF PARCEL 1 (DEDICATION PARCEL) DESCRIBED HER LYING WITHIN PARCEL “A” (OWNERSHIP PARCEL) DESCRIBED HEREIN. PARCEL “A” (OWNERSHIP PARCEL) THE SOUTHERLY TWO ACRES OF THE NORTHWEST QUARTER OF THE SOUTHE QUARTER OF THE SOUTHWEST QUARTER OF FRACTIONAL SECTION 22, TOWNSHIF SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, AS DESCRIBED IN DEED ERNEST M: HIDALGO-AND AVELINA HIDALGO RECORDED NOVEMBER 20, I: DOCUMENT NO. 1997-0588760 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY, IN . CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING OFFICIAL PLAT THEREOF. PARCEL 1 (DEDICATION PARCEL) BEING A 102.00 FOOT WIDE STRIP OF LAND LYING 51 .OO FEET ON EACH SIDE OF TI- FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE CENTERLINE INTERSECTION OF POINSETIA LANE AND AVL PARKWAY (FORMERLY ALGA ROAD) AS SHOWN ON CITY OF CARLSBAD TRACT 90. MAP NO. 12972, FILED IN THE OFFICE OF THE COUNTYRECORDER SEPTEMBER 1992, SAID POINT BEING OCCUPIED BY A STREET SURVEY MONUMENT STAMPED “ 5894” PER RECORD OF SURVEY MAP NO. 13348, FILED IN THE OFFICE OF THE COUf RECORDER AUGUST 8, 1991, SAID POINT BEARS NORTH 72’12’46” EAST, 593.97 FI (NORTH 72’47’00” EAST, 593.94 FEET PER R OF S 13348) FROM A POINT ON - CENTERLINE OF SAID POlNSETlA LANE AS SHOWN ON SAID RECORD OF SUR\ MAP NO. 13348, SAID POINT BEING OCCUPIED BY A STREET SURVEY MONUMI STAMPED “L.S. 5894”; THENCE LEAVING SAID CENTERLINE INTERSECTION ALC PAGE 1 OF 2 :DA M:\Legals\l953 Ocean Blum004A03.doc WO 1953-4 2/27/98 .-..,/::;.s ,i! ’ shr:..l Ll I 0 F 1 Iy _- .*- 0 0 SAID CENTERLINE OF POINSETIA LANE, NORTH 72”12’46” EAST (NORTH 72”47 EAST PER MAP 12972), 185.00 FEET TO THE BEGINNING OF TANGENT CUF CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 1400.00 FEET; THEh NORTHEASTERLY ALONG SAID CENTERLINE AND THE ARC OF SAID CURVE THROU A CENTRAL ANGLE OF 02”41’01” A DISTANCE OF 65.57 FEET (02’41’12, 65.65 FEET F MAP 12972) TO A POINT ON THE SOUTHERLY LINE OF SAID SECTION 22, SAID PC BEING THE TRUE POINT OF BEGINNING; THENCE NORTHEASTERLY ALONG CONTINUATION OF SAID CENTERLINE AND THE ARC OF SAID CURVE THROUGt CENTRAL ANGLE OF 27”50’53”, A DISTANCE OF 680.46 FEET; THENCE NORTH 41°40 EAST, 515.94 FEET TO THE BEGINNING OF A TANGENT CURVE CONCL SOUTHEASTERLY, HAVING A RADIUS OF 1400.00 FEET ; THENCE NORTHEASTEF AND EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE 50”47”26” A DISTANCE OF 1241.05 FEET TO A POINT OF TANGENCY ON T SOUTHERLY LINE OF PARCEL “B” OF CERTIFICATE OF COMPLIANCE RECORC - MARCH 11, 1997, FILE NO. 1997-0106631 OF OFFICIAL RECORDS; THENCE ALONG S, SOUTHERLY LINE, SOUTH 87’31’42” EAST, 134.77 FEET TO THE SOUTHEAST CORN OF SAID PARCEL “B”, SAID POINT BEING OCCUPIED BY A % INCH IRON PIPE MARP “RCE 8210”. THE SIDELINES OF SAID 102.00 FOOT WIDE STRIP OF LAND TO BE SHORTENED EXTENDED SO AS TO TERMINATE SOUTHWESTERLY IN THE SOUTHERLY LINE OF S, FRACTIONAL SECTION 22 AND NORTHEASTERLY IN THE SOUTHERLY LiNE PARCEL “B” OF SAID CERTIFICATE OF COMPLIANCE AND EASTERLY IN THE WESTEF LINE OF BLACK RAIL ROAD PER NOTICE OF PENDING ACTION SUPERIOR COURT c; NO. NO75924 RECORDED SEPTEMBER 12, 1997, FILE NO. 1997-0444689 OF OFFIC RECORDS. -429 3-3-75 ~~~~ JOHN W. HILL, JR. L.S. 5669 HUNSAKER & ASSOCIATES SAN DIEGO, INC. PAGE 2 OF 2 :DA M:\Legals\l953 Ocean BiumOO4AO3.doc wo 1953-4 mma k&@vT A .qzef ILq "" "" -" ~ND~~TES STXET SURVn MONUMENT STAMPED A ~L.s. 5894" PER R OF s 1334a. INDICATES 3pm /RON PIPE MARKED "RCE 82 I 0' PER R OF S 12096 ( 1 INDICATES RECORD DATA PER MAP 12972 [ 3 INDICATES RECORD DATA PER R OF s 133A8 i ] INDICATES RECORD DATA PER R OF s 4772 F DG' DESCRIPTION BASIS OF BEARINGS: THE &ASIS Of BEARINGS FOR THIS MAP. 1s A PORTION l R~W, s.8.M.. PER MAP NO. 13429. I.€. N 89'57'43-i. .SAM..Dl€co !Mc THE NORTHERLY LINE OF FRsCTlONAL SECTION 22. T12s HG WD9Handrassr-m ENONERJNG S.n D*go G Snn , ,. - SHEET 1 OF 001xco1.0w DED/CAT/ON PUT - CITY Of CARLSBAD APPLICANT: PREPARED BY: PROJECT: A.P.N.: CATELLUS RES I OENT I AL GROUP ME p E-/J"g 3-3-7t SUI TE 400 IRVINE, CA 92714 215-070-20 POINSrn J 5 PAW PLAZA JOHN W. HILL JR. Ls. 5669 (714) 251-6100 EXPIRES: 9/30/99 EXHIBIT PR. 3.4.37 6 I p-&((qrT A. q3 , ,& 11.1 .~ I' *'* 0 0 """", \ """"_ \ """ 100 0 100 200 300 . SCALE 1 " = 100' NOTE: m DATA SHOWN HEREON IS E4SED ON THE fOL1 OWING HUNSAKER RECORD OF SURVEY MAPS: 584, 4772, 4773, 5715, 6269, 10774, 12096, 13762 AND 14630. RECORD Of k ASSOCIATES SURVM MAP NO. 7 4608 Ski0 WS AL TERNA TE LOCATIONS SAN DltGQ INC FOR PROPERTY LINES SHOWN HEREON. NO PLANNHG xm9Hwmekemst%rt2M1 REPRESENDITION IS MADE HEREON AS TO THE LOCATION PIUNERNC San Diego, G Snn OF PROPERTY OR OWNERSHIP LINES. suI1vMNG PH(614)5uwsoO - fx619)S~uU SifEEl 001JLco2.0m; DEDlCATlON PLAT - CIW OF CARLSBAD APPLICANT: A.P.N.: PROJECT: PREPARED BY: CATELLUS RESIDENTIAL GROUP IRVINE, CA 92714 SUITE 400 POINSE7T14 5 PARK PLAZA EXHIB: PR. 3.4.3 I6 EXPIRES: 9/30/99 (714) 251-6100 % .v/cst 7-?-%! 2 15-0 LANE JOHN W. HlL JR. LS. 5669 €ziq (t?>?;ip; A Y.f of.riy - - RECORDING REQUESTED - AND WHEN RECORDED, PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, California 92008 ; MAIL TAX STATEMENTS TO: EXEMPT The undersigned grantor(s) declare(s): Documentary transfer tax is $@ ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: ( x ) City of Carlsbad, and Assessor‘s Parcel No.: APN 215-070-20 DOCUMENT NO.: 031 HlDA - Space above this line for Recorder’s Use - NO RECORDING FEE REQl THIS DOCUMENT EXEMPT PURSUANT TO SECTION 2; CALIFORNIA GOVERNMEN’ Project: Poinsettia Lane Extension Location: Poinsettia Lane & Aviara Parkwa! Reference: RW1031 HlDA ~ ~~ ~ ~ ~~~~ ~~~ SLOPE AND TEMPORARY CONSTRUCTION EASEMENTS ~~~~~~ FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, ERNEST M. HIDALGO and AVELINA HIDALGO, son and mother, as joint tenants hereby GRANTS to the CITY OF CARLSBAD, a Municipal Corporation, an easement for the construction and maintenance of a slope and incidents thereto, upon, over and : that certain real property hereinafter described in Exhibit “A consisting of three (3) pages attached hl made a part hereof, and Exhibit “B” consisting of two (2) pages is attached hereto for clarity only, tog1 with; an easement for temporary construction purposes and incidents thereto, upon, over, and across that real property hereinafter described in the above referenced Exhibits “A and “B”. The real property referred to hereinabove and made subject to said slope easement is situated in the Carlsbad, County of San Diego, State of California, and is more particularly described as Parcel 2 in referenced Exhibits “A’ and “B”. The real property referred to hereinabove and made subject to said temporary construction easemen situated in the City of Carlsbad, County of San Diego, State of California, and is more particularly de: Parcel 3 in the above referenced Exhibits “A and “B”. (JANMAC, INC., Expropriation Consultants) (carlsbad\POINSETTIA EXT\Easements\031HIDA) 04/10/! Excirg.t7A Lt5 64 I LV t- c- 0 0 It is understood and agreed that the Grantor(s) of the temporary construction easement described as shall not be held liable for any damage to equipment or injury to personnel of said Grantee, its agents employees, in the performance of the work done within the temporary construction easement. The temporary construction easement shall remain in force for a period of three (3) years from the d2 document has been recorded in the Office of the County Recorder of San Diego County. Upon the e of said three (3) year period, the Grantee shall have no further rights or liability in connection with sail temporary construction easement. This document was executed this day of , I! ERNEST M. HIDALGO and AVELINA HIDALGO, son and mother, as joint tenants ERNEST M. HIDALGO AVELINA HIDALGO (NOTARY JURAT) STATE OF }ss. COUNTY OF I On before me, personally appeared 1 1 personally known to me (or prov me on the basis of satisfactory evidence) to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to that helshelthey executed the same in hislherltheir authorized capacity(ies), and that by hidherltheir signature(s) on the instrument the persc or the entity upon behalf of which the person(s) acted, executed the I instrument. WITNESS my hand and official seal. Signature: 1 (This area for official notarial seal) (JANMAC, INC., Expropriation Consultants) (carlsbad\POINSETTIA EXT\Easements\OSIHIDA) 04/10/ &q&&+q r, 4 b 0" I (9 ..B 0 0 EXHIBIT “A” LEGAL DESCRIPTION HIDALGO PR. 3.2.1 04 (SLOPE & TEMPORARY CONSTRUCTION EASEMENTS) THOSE PORTIONS OF THE SOUTHERLY TWO ACRES OF THE NORTHWEST QUAR OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF FRACTIO SECTION 22, TOWNSHIP 12 SOUTH., RANGE 4 WEST, SAN BERNARDINO MERIDIAN DESCRIBED IN DEED TO ERNEST M. HIDALGO AND AVELINA HIDALGO RECORI NOVEMBER 20, 1997, DOCUMENT NO. 1997-0588760 OF OFFICIAL RECORDS OF DIEGO COUNTY, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, BEING MORE PARTICULP DESCRIBED AS FOLLOWS: - PARCEL 1 (REFERENCE ONLY POlNSETTfA LANE) BEING A 102.00 FOOT WIDE STRIP OF LAND LYING 51.00 FEET ON EACH SIDE OF FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE CENTERLINE INTERSECTION OF POINSETTIA LANE AND AVI PARKWAY (FORMERLY ALGA ROAD) AS SHOWN ON CITY OF CARLSBAD TRACT 9( MAP NO. 12972, FILED IN THE OFFICE OF THE COUNTY RECORDER SEPTEMBEF; 1992, SAID POINT BEING OCCUPIED BY A STREET SURVEY MONUMENT STAMPED 5894” PER RECORD OF SURVEY MAP NO. 13348, FILED IN THE OFFICE OF THE COL RECORDER AUGUST 8, 1991, SAID POINT BEARS NORTH 72’12’46” EAST, 593.97 F (NORTH 72”47’00”, EAST, 593.94 FEET PER R OF S 13348) FROM A POINT ON CENTERLINE OF SAID POINSETTIA LANE AS SHOWN ON SAID RECORD OF SUF MAP NO. 13348, SAID POINT BEING OCCUPIED BY A STREET SURVEY MONUb STAMPED “L.S. 5894”; THENCE LEAVING SAID CENTERLINE INTERSECTION AL, SAID CENTERLINE OF POINSETTIA LANE, NORTH 72’12’46” EAST (NORTH 72”4 EAST PER MAP 12972), 185.00 FEET TO THE BEGINNING OF TANGENT CL CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 1400.00 FEET; THE NORTHEASTERLY ALONG SAID CENTERLINE AND THE ARC OF SAID CURVE THRO A CENTRAL ANGLE OF 02”41’01“ A DISTANCE OF 65.57 FEET (02”41’12”, 65.65 FEET PAGE 1 OF 3 :DA M:\Legals\1953 Ocean Blum004A10.doc wo 1953-4 2/27/98 ., I, * .&:. /! .A &e+ qy €2 F I I y 0 0 MAP 12972) TO A POINT ON THE SOUTHERLY LINE OF SAID SECTION 22, SAID PO BEING THE TRUE POINT OF BEGINNING; THENCE NORTHEASTERLY ALONG CONTINUATION OF SAID CENTERLINE AND THE ARC OF SAID CURVE THROUGt CENTRAL ANGLE OF 27’50’53”, A DISTANCE OF 680.46 FEET; THENCE NORTH 41’40’ EAST, 575.94 FEET TO THE BEGINNING OF A TANGENT CURVE CONCP SOUTHEASTERLY, HAVING A RADIUS OF 1400.00 FEET ; THENCE NORTHEASTEF AND EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE 50’47”26” A DISTANCE OF 1241.05 FEET TO A POINT OF TANGENCY ON 7 SOUTHERLY LINE OF PARCEL “B” OF CERTIFICATE OF COMPLIANCE RECORC MARCH 11, 1997, FILE NO. 1997-0106631 OF OFFICIAL RECORDS; THENCE ALONG S, SOUTHERLY LINE, SOUTH 87’31’42” EAST, 134.77 FEET TO THE SOUTHEAST CORh OF SAID PARCEL “B”, SAID POINT BEING OCCUPIED BY A 34 INCH IRON PIPE MARP ”RCE 821 0”. - THE SIDELINES OF SAID 102.00 FOOT WIDE STRIP OF LAND TO BE SHORTENED EXTENDED SO AS TO TERMINATE SOUTHWESTERLY IN THE SOUTHERLY LINE OF S FRACTIONAL SECTION 22 AND NORTHEASTERLY IN THE SOUTHERLY LINE OF PAR( “B” OF SAID CERTIFICATE OF COMPLIANCE AND EASTERLY IN THE WESTERLY LINE BLACK RAIL ROAD PER NOTICE OF PENDING ACTION SUPERIOR COURT CASE I NO75924 RECORDED SEPTEMBER 12, 1997, FILE NO. 1997-0444689 OF OFFIC RECORDS. PARCEL 2 (SLOPE EASEMENT) BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF - SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 22; THEP ALONG THE SOUTHERLY LINE THEREOF, SOUTH 87’31’12” EAST, 39.05 FEET; THEP LEAVING SAID SOUTHERLY LINE,. NORTH 44’57’59” EAST, 178.53 FEET TO A POINT THE NORTHERLY LINE OF THE SOUTHERLY TWO ACRES OF THE NORTHWI QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF S SECTION 22; THENCE ALONG SAID NORTHERLY LINE, NORTH 87’31’12” WEST, 5 FEET TO AN INTERSECTION WITH THE .SOUTHERLY LINE OF THE HEREINAB( DESCRIBED PARCEL 1 (PROPOSED POlNSElTlA LANE) SAID POINT BEING . BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY HAVIN( RADIUS OF 1349.00 FEET A RADIAL LINE TO SAID POINT BEARS NORTH 47’13 PAGE 2 OF 3 :DA M:\Legals\l953 Ocean Blum004AlO.doc WO 1953-4 2/27/98 cg ti-! 13 I.7. pi qg 6& //y a 2, 0 0 WEST; THENCE SOUTHWESTERLY ALONG SAID SOUTHERLY LINE AND THE ARC SAID CURVE THROUGH A CENTRAL ANGLE OF Ol"05'53" A DISTANCE OF 25.85 FE THENCE CONTINUING ALONG SAID SOUTHERLY LINE, SOUTH 41"40'52" WEST, 14. FEET; TO THE POINT OF BEGINNING. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.138 ACRE MORE LESS. PARCEL 3 (TEMPORARY CONSTRUCTION EASEMENT) BEING A 20.00 FOOT WIDE STRIP OF LAND, THE SOUTHEASTERLY LINE BE PARALLEL WITH AND 20.00 FEET SOUTHEASTERLY OF THE SOUTHEASTERLY LINE THE HEREINABOVE DESCRIBED PARCEL 2. - THE SOUTHEASTERLY -SIDELINE OF SAID 20.00 FOOT WIDE STRIP OF LAND TC SHORTENED OR EXTENDED SO AS TO TERMINATE SOUTHWESTERLY IN SOUTHERLY LINE OF THE SOUTHERLY -TWO ACRES OF THE NORTHWEST QUAR OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTlOt AND NORTHEASTERLY IN THE NORTHERLY LINE OF THE SOUTHERLY TWO ACRE: THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHW QUARTER OF SAID SECTION 22. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.082 ACRE MORE OF LESS. ?be dR 3-3 "y 5 JOHN W. HILL, JR. L.S. 5669 HUNSAKER & ASSOCIATES SAN DIEGO, INC. PAGE 3 OF 3 :DA M:\Legals\1953 Ocean BluflOO4AlO.doc wo 1953-4 a2719a eF*$?,[7A 47 0-F rly " - "- "" -" ,r2w-rmNAL' \ "" . INDI~ ~€5 "STREET SURVEY, MONUMENT .STAMPED A "~~5. 5894" PER R OF S 13348. ~JDICATES 3f 4 M IRON PIPE MARKED -RCE 82 10 PER R OF S 12096 ~ ( ) ~NDICATES RECORD DATA PER MAP 12972 [ ] lNDlcATES RECORD DATA PER R OF s 13348 I 1 ~N~~CATES RECORD DATA PER R OF s 4772 1 LEGAL DEsc'PnoN THE &4s/s OF BoRlNGS FOR THIS MAP 1s A PORTION I THE NORTHERLY LINE OF FR4CTIONAL SECTION 22. 172s R~W, S.B.M., PER MAP NO. 13429, /.E. N 89'57'43*E- &wt.4z4c wmnl.hmd.mSt*Mcl mC SmW.~G92m SHEET 1 OF obIACl I.DW I . D,Q)IGAT/ON../?LAT - CITY OF CARLSBAD APPLICANT: PREPARED BY: PROJECT: CONSTRUC770N A.P.N.: CATELLUS RES I DENT I AL GROUP JOHN W. HILL, JR. LS. 5669 5 PARK PLAZA DSEMEmS 9LGLf9 3 -3-7.z SUITE 400 IRVIM, CA 92714 SLOPE & TEMPOMY 215-070-20 (714) 251-5100 EXHIBIT .' PR. 3.2.7 04 EXPIRES: 9/30/99 I &f.f(s(p+'so .cofil.//d I- ~ .. ,t APN 2 15-071 O.Oe2 ACRE "" ""_ my INDICATES SLOPE EASEMENT 4o 0 4.0 a0 1: F- INDICATES TEMPORARY .. .. 1 CONSTRUCTION EASEMENT NOTE: SCALE 1" = 40' HUNSAKER DATA SHOWN HEREON IS BASED ON THE FOLLOWING A i & ASSOC~~S RECORD OF SURVEY MAPS: 584, 4772, 4773, 5715, I AN D, E c Q , N c 6269, 10774, 12096, 13762 AND 14630. RECORD OF SURVEY MAP NO. 14608 SHOWS AL TERNATE LOCATIONS FOR PROPERTY LINES SHOWN HEREON. NO WC m~St~200 WEWWC SanC+tgqGYZm SVRM~I~ m(ba1-N .~(6~~~u REPRESENTATION IS MADE HEREON AS TO THE LOCATION w1~cca2.0~~ OF PROPERTY OR OWNERSHIP LINES. SHEET DEDlCAnON PLAT - CjTY OF CARLSBAD [APPLICANT: 1 PREPARED BY: 1 PROJECT: I A.P.N.: CATELLUS RESIDENTIAL GROUP IRVINE, CA 92714 SUITE 400 5 PAW, PLAZA (714) 251-6100 SLOPE & TEMPOMY % -* 7-3 -97 CONSTRUCTION 2 15-0: JOHN W. HILL. . EXPIRES: 9/30/ c/ IR. LS. 5669 MEMEWS 99 I PR. 3.2.104 I EXHIBI '&~\$(T& 51 of '1 lv ~~ ~ ~~ ~~~ - .. RECORDING REQUESTED BY AND WHEN RECORDED, PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, California 92008 MAIL TAX STATEMENTS TO: EXEMPT I The undersigned grantor(s) declare(s): Documentary transfer tax is $o.oO ( ) computed on full value of property conveyed, or ( )computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: ( x ) City of Carlsbad, and Assessor‘s Parcel No.: APN 215-070-19 DOCUMENT NO.: 040BAKE - Space above this line for Recorder’s Use - NO RECORDING FEE REQl THIS DOCUMENT EXEMPT PURSUANT TO SECTION 2 CALIFORNIA GOVERNMEN Project: Poinsettia Lane Extension Location: Poinsettia Lane & Aviara Parkwa Reference: RW/040BAKE INDIVIDUAL GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, WILLIAM BAKER and DONNA MARIE BAKER, husband and wife as joint tenants hereby GRANTS to the CITY OF CARLSBAD, a Municipal Corporation, the following described real property which is situated in the City of Carlsbad, County of San State of California, as more particularly described in the attached Exhibit “A” and as shown c attached Exhibit “B”. The Grantor understands that the present intention of the Grantee is to construct and a public highway on the lands hereby conveyed in fee and the Grantor, for the Grantor‘s suc and assigns, hereby waives any claims for any and all damages to grantor’s remaining propt contiguous to the property hereby conveyed by reason of the location, construction, landsca maintenance of said highway. (As used above, the term “Grantor” shall include the plural as well as the singular nun (JANMAC, INC., Expropriation Consultants) (carlsbad\POINSETTIA EXT\DEEDS\040BAC EGHL(3 I% A- 4% 04 [LC? * : c 0 a This document was executed this day of , I! WILLIAM BAKER and DONNA MARIE BAKER, husband and wife as joint tenants WILLIAM BAKER DONNA MARIE BAKER (NOTARY JURAT) STATE OF }ss. COUNTY OF 1 1 1 On before me, personally appeared personally known to me (or prob me on the basis of satisfactory evidence) to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged tc that helshelthey executed the same in hislherltheir authorized capacity(ies), and that by hislherltheir signature(s) on the instrument the persc or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature: (This area for official notarial seal) I (JANMAC, INC., Expropriation Consultants) (carlsbad\POINSETTIA EXT\DEEDS\OIOBAK ENWT A 53 &-F Py 0 a EXHIBIT “A” LEGAL DESCRIPTION BAKER PR. 3.4.31 7 (POINSETTIA LANE & BRIGANTINE DRIVE) THOSE PORTIONS OF PARCELS 1, 2 AND 3 (DEDICATION PARCEL DESCRIBED HEREIN LYING WITHIN PARCEL “A” (OWNERSHIP PARCE DESCRIBED HEREIN. PARCEL “A’’ (OWNERSHIP PARCEL) ALL OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF Tt SOUTHWEST QUARTER OF FRACTIONAL SECTION 22, TOWNSHfP 12 SOUT RANGE 4 WEST, SAN BERNARDINO MERIDIAN, AS DESCRIBED IN DEED 1 WILLIAM AND DONNA MARIE BAKER RECORDED AUGUST 11 1 1997, DOCUMEt NO. 1997-0383428 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY, IN THE CI- OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDIb TO OFFICIAL PLAT THEREOF. EXCEPTING THEREFROM THE SOUTHERLY TWO ACRES. ALSO EXCEPTiNG THEREFROM THE EASTERLY 208 213 FEET OF Tt NORTHERLY 208 2/3 FEET AS DESCRIBED IN DEED TO MILDRED McMILL4 RECORDED MAY 9, 1966 AS FILE NO. 77307 OF OFFICIAL RECORDS. PARCEL 1 (DEDICATION PARCEL - POINSETTIA LANE) BEING A 102.00 FOOT WIDE STRIP OF LAND LYING 51 .OO FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: PAGE 1 OF 5 :DA M:\Legals\1953 Ocean BIufA004A04.doc WO 1953-4 2/27/98 .‘ fyb.;?, + !! c,!?,: cjq 06 I[? 0 0 COMMENCING AT THE CENTERLINE INTERSECTION OF POINSETTIA LANE AI AVIARA PARKWAY (FORMERLY ALGA ROAD) AS SHOWN ON CITY OF CARLSB. TRACT 90-15, MAP NO. 12972, FILED IN THE OFFICE OF THE COUN RECORDER SEPTEMBER 17,1992, SAID POINT BEING OCCUPIED BY A STRE SURVEY MONUMENT STAMPED “L.S. 5894” PER RECORD OF SURVEY MAP I\ 13348, FILED IN THE OFFICE OF THE COUNTY RECORDER AUGUST 8, 19 SAID POINT BEARS NORTH 72O12’46” EAST, 593.97 FEET (NORTH 72O4.7’00” EA5 593.94 FEET PER R OF S 13348) FROM A POINT ON THE CENTERLINE OF SF POINSETIA LANE AS SHOWN ON SAID RECORD OF SURVEY MAP NO. 1331 SAID POINT BEING OCCUPIED BY A STREET SURVEY MONUMENT STAMPI “L.S. 5894”; THENCE LEAVING SAID CENTERLINE INTERSECTION ALONG SF CENTERLINE OF POINSETTIA LANE, NORTH 72’12’46’’ EAST (NORTH 72O47’( EAST PER MAP 12972), 185.00 FEET TO THE BEGINNING OF TANGENT CUR CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 1400.00 FEET; THEN( NORTHEASTERLY ALONG SAID CENTERLINE AND THE ARC OF SAID CUR\ THROUGH A CENTRAL ANGLE OF 02O41’01” A DISTANCE OF 65.57 FEj (02°41’12”, 65.65 FEET PER MAP 12972) TO A POINT ON THE SOUTHERLY 111 OF SAID SECTION 22, SAID POINT BEING THE TRUE POINT OF BEGINNIN THENCE NORTHEASTERLY ALONG A CONTINUATION OF SAID CENTERLII AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 27O50’53”, DISTANCE OF 680.46 FEET; THENCE NORTH 41O40’52” EAST, 515.94 FEET - THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY, HAVING RADIUS OF 1400.00 FEET ; THENCE NORTHEASTERLY ALONG THE ARC ( SAID CURVE THROUGH A CENTRAL ANGLE OF 08°11’26” A DISTANCE OF 200. FEET TO A POINT HEREINAFTER REFERRED TO AS POINT “A”; THEN( CONTINUING NORTHEASTERLY AND EASTERLY ALONG THE ARC OF SP CURVE THROUGH A CENTRAL ANGLE OF 42’36’00’’ A DISTANCE OF 1040. FEET TO A POINT ON THE SOUTHERLY LINE OF PARCEL “€3” OF CERTlFlCA - OF COMPLIANCE RECORDED MARCH 11, 1997, FILE NO. 1997-0106631 ( OFFICIAL RECORDS; THENCE ALONG SAID SOUTHERLY LINE, SOUTH 87’31’4 PAGE 2 OF 5 :DA M:\Legals\1953 Ocean Blum004A04.doc WO 1953-4 2/27/98 E&W?mA 55 &e 11 3 e a EAST, 134.77 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL “B”, SA POINT BEING OCCUPIED BY A %” IRON PIPE MARKED “RCE 8210”. THE SIDELINES OF SAID 102.00 FOOT WIDE STRIP OF LAND TO BE SHORTEN[ OR EXTENDED SO AS TO TERMINATE SOUTHWESTERLY IN THE SOUTHER LINE OF SAID FRACTIONAL SECTION 22 AND NORTHEASTERLY IN TI SOUTHERLY LINE OF PARCEL “B” OF SAID CERTIFICATE OF COMPLIANCE AI EASTERLY IN THE WESTERLY LINE OF BLACK RAIL ROAD PER NOTICE ( PENDING ACTION SUPERIOR COURT CASE NO. NO75924 RECORD1 SEPTEMBER 12, 1997, FILE NO. 1997-0444689 OF OFFICIAL RECORDS. - - PARCEL 2 (DEDICATION PARCEL - PORTION OF BRIGANTINE DRIVE) BEING A 42.00 FOOT WIDE STRIP OF LAND LYING 12-00 FEET WESTERLY Ar 30.00 FEET EASTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE HEREINABOVE DESCRIBED POINT “A” SAID Poll BEING ON THE ARC OF A 1400.00 FOOT RADIUS CURVE CONCA’ SOUTHEASTERLY A RADIAL LINE TO SAID POINT BEARS NORTI-1 40’07’1 WEST; THENCE RADIAL FROM SAID CURVE, NORTH 40”07’42” WEST, 51.00 FE TO A POINT ON THE NORTHWESTERLY LINE OF THE HEREINABO’ DESCRIBED PARCEL 1 SAID POINT BEING THE TRUE POINT OF BEGINNIN THENCE CONTINUING NORTH 40’07’42” WEST, 127.52 FEET TO A TANGEI CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 300.00 FEE THENCE NORTHWESTERLY, ALONG THE ARC OF SAID CURVE, THROUGH CENTRAL ANGLE OF 17’29’29”, AN ARC LENGTH OF 91.58 FEET; THEN( NORTH 22”38’13” WEST, 117.15 FEET TO A TANGENT CURVE, CONCA NORTHEASTERLY, HAVING A RADIUS OF 300.00 FEET; THEN1 NORTHWESTERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTR PAGE 3 OF 5 :DA M:\Legals\l953 Ocean Blum004A04.doc WO 1953-4 2/27/98 &r+ !E ST 4 I sb t$ 11‘1 .. * 0 0 ANGLE OF 11”33‘05“, AN ARC LENGTH OF 60.48 FEET TO THE POINT ( TERMINUS SAID POINT BEING ON THE SOUTHERLY LINE OF PARCEL “B” ( CERTIFICATE OF COMPLIANCE RECORDED MARCH 11, 1997 FILE NO. lg! 0106631 OF OFFICIAL RECORDS AND LYING SOUTH 87’27’43” EAST, 3.54 FE FROM THE SOUTHWEST CORNER OF SAID PARCEL “B”, THE CONTINUATION 1 SAID CURVE BEING TANGENT TO AND ENDING ON THE WESTERLY LlNE SAID PARCEL “B”. THE SIDELINES OF SAID 42.00 FOOT WIDE STRIP OF LAND TO BE SHORTEN OR EXTENDED SO AS TO TERMINATE SOUTHERLY IN THE NORTHWESTEF LINE OF THE HEREINABOVE DESCRIBED PARCEL 1 AND NORTHWESTERLY THE WESTERLY LINE OF THE NORTHWEST QUARTER OF THE SOUTHEE QUARTER OF THE SOUTHWEST QUARTER OF SAID FRACTIONAL SECTION AND NORTHERLY IN THE SOUTHERLY LINE OF PARCEL “B” OF CERTIFICATE - COMPLIANCE RECORDED MARCH I1 l 1997 FILE NO. 1997-0106631 OF OFFlC RECORDS. . TOGETHER WITH THAT PORTION OF SAID FRACTIONAL SECTION 22, LYI BETWEEN THE NORTHEASTERLY SIDELINE OF THE HEREINABOVE DESCRIE PARCEL 2, THE NORTHWESTERLY SIDELINE OF THE HEREINABC DESCRiBED PARCEL 1 AND THE ARC OF A 20.00 FOOT RADlUS CUF CONCAVE NORTHERLY, SAID CURVE BEING TANGENT TO EACH OF THE U n/vO MENTIONED LINES. PARCEL 3 (DEDICATION PARCEL - PORTION OF BRIGANTINE DRIVE) BEGINNING AT THE MOST SOUTHERLY CORNER OF THE HEREINAB( DESCRIBED PARCEL 2, SAID POINT BEING ON THE NORTHWESTERLY SIDEL OF THE HEREINABOVE DESCRIBED PARCEL 1, SAID POINT BEING ON THE 1 OF A 1451.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL 1 PAGE 4 OF 5 :DA M:\Legals\l953 Ocean Bluff\004A04.doc WO 1953-4 2/27/98 E)cK18[-r A yq 0“ fly- “ - e 6 TO SAID POINT BEARS NORTH 40’36’08” WEST; THENCE SOUTHWESTER ALONG THE NORTHWESTERLY SIDELINE OF SAID PARCEL 1 AND THE ARC SAID CURVE, THROUGH A CENTRAL ANGLE OF 01”28’27”, AN ARC LENGTH 37.33 FEET TO A POINT OF CUSP WITH A 20.00 FOOT RADIUS CURVE CONCA WESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 42’04’34” EA! THENCE LEAVING SAID NORTHWESTERLY SIDELINE, NORTHEASTER1 NORTHERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CUR THROUGH A CENTRAL ANGLE OF 88’03’08” AN ARC LENGTH OF 30.74 FE1 THENCE RADIAL FROM SAID CURVE NORTH 49’52’18” EAST, 18.00 FEET TC POINT ON THE SOUTHWESTERLY SIDELINE OF THE HEREINABOVE DESCRIB PARCEL 2; THENCE ALONG SAID SOUTHWESTERLY SIDELINE, SOUTH 40’07’ EAST, 19.20 FEET TO THE POINT OF BEGINNING. - - THE HEREINABOVE DESCRIBED PARCELS I, 2 AND 3 CONTAIN 1.597 ACRES ( LAND MORE OR LESS &/J% 3-3-5Y JOHN W. HILL, JR. L.S. 5669 HUNSAKER &ASSOCIATES SAN DIEGO, INC. PAGE 5 OF 5 :DA M:\Legals\l953 Ocean Blufn004A04.doc wo 1953-4 z12719a Ew !&(T A 5g 2-6 lrq "" " "" INDICATES STREET SURVEY MONUMENT STAMPED A "L.s. 5894" PER R OF S 13348. ~NDI~ATES 314- IRON PIPE MARKED "RCE 8210 PER R OF S 12096 ( ) INDICI\TES RECORD DATA PER MAP 12972 [ 3 INDICATES RECORD DATA PER R Of s 13348 (( )> INDICA TES RECORD DATA PER CERTIFla TE OF COMPLIANCE REC. 3/11/97, 1997-0 106631 0-Re l4EGAL DESCRIPTlol\r BASIS OF BmNGs: IAN DltC4 INC w 10D9HUrndI.ssst*m ENUNWNG SnoicsoG~ S~JRVE~WG pH(619)5584500~ FX(b13)S~~ SHEET 1 OF 0013tM)l.DWG DEDICATION PUT - CIN OF CARLSmD APPLICANT: PREPARED BY: PROJECT: A.P.N.: CATELLUS RES I DENT I AL GROUP ME SUITE 400 4.; .y& 3 - 3-9l IRVINE, CA 92714 215-070-19 POINSD" EXPIRES 9/30/99 (714) 251-6100 JOHN W. HILL, JR. Ls. 5669 5 PARK PLAZA EXHIBIT - PR. 3.4.3 7 7 9 F&M \ 9 It & .sq .-&,.I ' q "- _"""" - EASEMENT TO CARL WATER DISTRICT RE( 8 IN BK. 7278, PC. "" T. p. 0.B. PARCEL 2 APN 2 15-070- "" -----""" EXIST: ACCESS EASEMENT RECORD 12/28/65 fILE NO. 232866 OF ( H NOTE: HUNSAXER DATA SHOWN HEREON IS BASED ON THE FOLLOWING RECORD OF SURVEY MAPS: 584, 4772, 4 773, 5 7 15, h A i &AsSoc%TES 6269, 10774, 72096, 13762 ANQ 14630. RECORD OF .. . . . 5 A H D I E G Q I I+ c SURVEY MAP NO. 14 608 SHOWS AL TERM4 TE LOCA TIoNs wMJ€€?.wc sur DRgq ta ¶sn REPRESENTATION IS MADE HEREON AS TO THE' LOCATION ~NINC rn -sa st suib~ 200 FOR PROPERN LINES SHOWN HEREON. NO ~~~ PH(6~)~~'~~6fi~5~~~ Of PROPERN OR OWNERSHIP LINES. W 13LWZDWC 5 DEDlCATKIN PUT - CrrY OF CARLSBAD APPLICANT: PROJECT: PREPARED BY: POJNSmH LANE A.P.N.: CATELLUS RES I DENT I AL GROUP IRVINE, CA 92714 SUITE 400 5 PAW( PLAZA JOHN W. HILL. JR. LS. 5669 BRIGANTINE DRIVE Em 46- L 66 2 3-3-sg & 2 - (714) 251-6100 EXPIRES: 9/30/99 PR. 3.4.3 f 7 6 &k+kgL-? /+ ,430 04 1 ,y RECORDING REQUESTED AND WHEN RECORDED, PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, California 92008 5 MAIL TAX STATEMENTS TO: EXEMPT The undersigned grantor(s) declare(s): Documentary transfer tax is $m ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: ( x ) City of Carlsbad, and Assessor‘s Parcel No.: APN 215-070-1 9 DOCUMENT NO.: 041 BAKE - Space above this line for Recorder‘s Use - NO RECORDING FEE REQ THIS DOCUMENT EXEMPS PURSUANT TO SECTION i CALIFORNIA GOVERNMEN Project: Poinsettia Lane Extension Location: Poinsettia Lane & Aviara Parkwa Reference: RW/041 BAKE SLOPE, DRAINAGE AND TEMPORARY CONSTRUCTION EASEME FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, WILLIAM BAKER and DONNA MARIE BAKER, husband and wife as joint tenants hereby GRANTS to the CITY OF CARLSBAD, a Municipal Corporation, easements for the construction and maintenance of slopes and incidents thereto, upon, over and acrl certain real property hereinafter described, together with; easements for the construction and maintenance of drainage structures and incidents thereto, upon, across that certain real property hereinafter described, and together with; easements for temporary construction purposes and incidents thereto, upon, over, and across that cc property hereinafter described. The real property referred to hereinabove and made subject to said slope easements is situated in th Carlsbad, County of San Diego, State of California, and is more particularly described in the attachec “A as Parcels 4, 5 and 6 as shown on the attached Exhibit “B” as Parcels 4, 5 and 6. (JANMAC, INC., Expropriation Consultants) (carlsbad\POINSETTIA EXT\Easements\041 BAK EFotIbLT A 64 -f 1 Yi c 0 0 The real property referred to hereinabove and made subject to said drainage easements is situated i of Carlsbad, County of San Diego, State of California, and is more particularly described in the attact Exhibit “A as Parcels 10 and 11, as shown on the attached Exhibit “B” as Parcels 10 and 11. The real property referred to hereinabove and made subject to said temporary construction easemer situated in the City of Carlsbad, County of San Diego, State of California, and is more particularly de: the attached Exhibit “A’ as Parcels 7, 8 and 9, as shown on the attached Exhibit “B” as Parcels 7, 8 2 It is understood and agreed that the Grantor(s) of the temporary construction easement shall not be for any damage to equipment or injury to personnel of said Grantee, its agents or employees, in the 1 ance of the work done within the temporary construction easement. The temporary construction eas shall remain in force for a period of three (3) years from the date this document has been recorded it Office of the County Recorder of San Diego County. Upon the expiration of said three (3) year perio Grantee shall have no further rights or liability in connection with said temporary construction easeml This document was executed this day of ,I WILLIAM BAKER and DONNA MARIE BAKER, husband and wife as joint tenants WILLIAM BAKER DONNA MARIE BAKER (NOTARY JURAT) 1 STATE OF }ss. 1 COUNTY OF 1 On before me, personally appeared personally known to me (or prov me on the basis of satisfactory evidence) to be the person(s) whose name(s) idare subscribed to the within instrument and acknowledged to that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the perso or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature: (This area for official nofarial seal) I (JANMAC, INC., Expropriation Consultants) (carlsbad\POINSETTIA EX~Easements\041BAKl E,~c”+G~Y:A &+ of 114 0 0 EXHIBIT “A” LEGAL DESCRIPTION BAKER PR. 3.2.1 05 (SLOPE, TEMPORARY CONSTRUCTION, & DRAINAGE EASEMENTS) THOSE PORTIONS OF THE NORTHWEST QUARTER OF THE SOUTHEA QUARTER OF THE SOUTHWEST QUARTER OF FRACTIONAL SECTION : TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, , DESCRIBED IN DEED TO WILLIAM AND DONNA MARIE BAKER RECORD AUGUST 1 I , 1997, DOCUMENT NO. 1997-0383428 OF OFFICIAL RECORDS SAN DIEGO COUNTY, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEC STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, BEll MORE PARTICULARLY DESCRIBED AS FOLLOW: - EXCEPTING THEREFROM THE SOUTHER LY TWO ACRES. ALSO EXCEPTING THEREFROM THE EASTERLY 208 213 FEET OF T NORTHERLY 208 213 FEET AS DESCRIBED IN DEED TO MILDRED McMILLf RECORDED MAY 9,1966 AS FILE NO. 77307 OF OFFICIAL RECORDS. PARCEL 1 (REFERENCE ONLY POINSETTIA LANE) BEING A 102.00 FOOT WIDE STRIP OF LAND LYING 51 .OO FEET ON EACH SI OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE CENTERLINE INTERSECTION OF POINSE-T”lA LANE A AVIARA PARKWAY (FORMERLY ALGA ROAD) AS SHOWN ON CITY OF CARLSF TRACT 90-15, MAP NO. 12972, FILED IN THE OFFICE OF THE COUP RECORDER SEPTEMBER 17, 1992, SAID POINT BEING OCCUPIED BY A STRE SURVEY MONUMENT STAMPED “L.S. 5894” PER RECORD OF SURVEY MAP I 13348, FILED IN THE OFFICE OF THE COUNTY RECORDER AUGUST 8, 1: SAID POINT BEARS NORTH 72O12’46” EAST, 593.97 FEET (NORTH 72O47’00” EA PAGE 1 OF 12 :DA M:\Legals\l953 Ocean Blum004A15.doc WO 1953-4 2/27/98 ,c\. i, ,.,J , .L > a .;A Fp -: - b? 0.6 lj? 0 e 593.94 FEET PER R OF S 13348) FROM A POlNT.ON THE CENTERLINE OF SA^ POINSElTlA LANE AS SHOWN ON SAID RECORD OF SURVEY MAP NO. 1334 SAID POINT BEING OCCUPIED BY A STREET SURVEY MONUMENT STAMPE “L.S. 5894”; THENCE LEAVING SAID CENTERLINE INTERSECTION ALONG SA CENTERLINE OF POINSE-TTIA LANE, NORTH 72O12’46” EAST (NORTH 72O47’0 EAST PER MAP 12972), 185.00 FEET TO THE BEGINNING OF TANGENT’CUR\ CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 1400.00 FEET; THEN( NORTHEASTERLY ALONG SAID CENTERLINE AND THE ARC OF SAID CUR\ THROUGH A CENTRAL ANGLE OF 02°41’01” A DISTANCE OF 65.57 FEI (02°41’12”, 65.65 FEET PER MAP 12972) TO A POINT ON THE’ SOUTHERLY LIF OF SAID SECTION 22, SAID POINT BEING THE TRUE POINT OF BEGINNIN THENCE NORTHEASTERLY ALONG A CONTINUATION OF SAID CENTERLIF AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 27050153”, DISTANCE OF 680.46 FEET; THENCE NORTH 41O40’52” EAST, 51 5.94 FEET - THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY, HAVINC RADIUS OF 1400.00 FEET ; THENCE NORTHEASTERLY ALONG THE ARC ( SAID CURVE THROUGH A CENTRAL ANGLE OF 08’1 1’26” A DISTANCE OF 200. FEET TO A POINT HEREINAFTER REFERRED TO AS POINT “A”; THEN( CONTINUING NORTHEASTERLY AND EASTERLY ALONG THE ARC OF SF CURVE THROUGH A CENTRAL ANGLE OF 42O36’00” A DISTANCE OF 1040. FEET TO A POINT ON THE SOUTHERLY LINE OF PARCEL “B” OF CERTlFlCA - OF COMPLIANCE RECORDED MARCH 11, 1997, FILE NO. 1997-0106631 ’ OFFICIAL RECORDS; THENCE ALONG SAID SOUTHERLY LINE, SOUTH 87031’4 EAST, 134.77 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL “B”, S! POINT BEING OCCUPIED BY A 3/4” IRON PIPE MARKED “RCE 8210”. THE SIDELINES OF SAID 102.00 FOOT WIDE STRIP OF LAND TO BE SHORTEN OR EXTENDED SO AS TO TERMINATE SOUTHWESTERLY IN THE SOUTHEF LINE OF SAID FRACTIONAL SECTION 22 AND NORTHEASTERLY IN T SOUTHERLY LINE OF PARC-EL “B” OF SAID CERTIFICATE OF COMPLIANCE A EASTERLY IN THE WESTERLY LINE OF BLACK RAIL ROAD PER NOTICE PAGE 2 OF 12 :DA M:\Legais\1953 Ocean Blum004A15.doc WO 1953-4 2/27/98 &Rg-z A &y OC 619 0 0 PENDING ACTION SUPERIOR COURT CASE NO. NO75924 RECORDE SEPTEMBER 12, 1997, FILE NO. 1997-0444689 OF OFFICIAL RECORDS. PARCEL 2 (REFERENCE ONLY - PORTION OF BRIGANTINE DRIVE) BEING A 42.00 FOOT WIDE STRIP OF LAND LYING 12.00 FEET WESTERLY Ab 30.00 FEET EASTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENClNG AT THE HEREINABOVE DESCRIBED POINT "A" SAID POIF BEING ON THE ARC OF A 1400.00 FOOT RADIUS CURVE CONCA\ SOUTHEASTERLY A RADIAL LINE TO SAID POINT BEARS NORTH 40'07'4 WEST; THENCE RADIAL FROM SAID CURVE, NORTH 40'07'42" WEST, 51.00 FEI TO A POINT ON THE NORTHWESTERLY LINE OF THE HEREINABOI DESCRIBED PARCEL 1 SAID POINT BEING THE TRUE POINT OF BEGINNIN THENCE CONTINUING NORTH 40'07'42" WEST, 127.52 FEET TO A TANGE! CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 300.00 FEE THENCE NORTHWESTERLY, ALONG THE ARC OF SAID CURVE, THROUGH CENTRAL ANGLE OF 17"29'29", AN ARC LENGTH OF 91.58 FEET; THEN( NORTH 22'38'13" WEST, 117.15 FEET TO A TANGENT CURVE, CONCA' NORTHEASTERLY, HAVING A RADIUS OF 300.00 FEET; THEN( NORTHWESTERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTR ANGLE OF 11"33'05", AN ARC LENGTH OF 60.48 FEET TO THE POINT ( TERMINUS SAID POINT BEING ON THE SOUTHERLY LINE OF PARCEL "B" ( CERTIFICATE OF COMPLIANCE RECORDED MARCH 11 , 1997 FILE NO. 19: 0106631 OF OFFICIAL RECORDS AND LYING SOUTH 87"27'43" EAST, 3.54 FE FROM THE SOUTHWEST CORNER OF SAID PARCEL "B", THE CONTINUATION ( SAID CURVE BEING TANGENT TO AND ENDING ON THE WESTERLY LINE ( SAID PARCEL "B". PAGE 3 OF 12 :DA M:\Legals\l953 Ocean Bluff\004A15.doc WO 1953-4 2/27/98 e, x(H\i3.tzf+ 64 &- ( iy 0 0 THE SIDELINES OF SAID 42.00 FOOT WIDE STRIP OF LAND TO BE SHORTEN1 OR EXTENDED SO AS TO TERMINATE SOUTHERLY IN THE NORTHWESTER LINE OF THE HEREINABOVE DESCRIBED PARCEL 1 AND NORTHWESTERLY THE WESTERLY LINE OF THE NORTHWEST QUARTER OF THE SOUTHEA QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 22 AI NORTHERLY IN THE SOUTHERLY LINE OF PARCEL “B” OF CERTIFICATE I COMPLIANCE RECORDED MARCH 11, 1997 FILE NO. 1997-0106631 OF OFFICI, RECORDS. TOGETHER WITH THAT PORTION OF SAID FRACTIONAL SECTION 22, LYlf BETWEEN THE NORTHEASTERLY SIDELINE OF THE HEREINABOVE DESCRIBI PARCEL 2, . THE NORTHWESTERLY SIDELINE OF THE HEREINABO’ DESCRIBED PARCEL I AND THE ARC OF A 20.00 FOOT RADIUS CUR CONCAVE NORTHERLY, SAID CURVE BEING TANGENT TO EACH OF THE LA TWO MENTIONED LINES. - .. PARCEL 3 (REFERENCE ONLY, PORTION OF BRIGANTINE DRIVE) BEGlNNlNG AT THE MOST SOUTHERLY CORNER OF THE HERE\NABO\ DESCRIBED PARCEL 2, SAID POINT BEING ON THE NORTHWESTERLY SlDELIf OF THE HEREINABOVE DESCRIBED PARCEL I, SAID POINT BEING ON THE AF OF A 1451.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL LII TO SAID POINT BEARS NORTH 40’36’08” WEST; THENCE SOUTHWESTER ALONG THE NORTHWESTERLY SIDELINE OF SAID PARCEL 1 .AND THE ARC ( SAID CURVE, THROUGH A CENTRAL ANGLE OF 01’28’27”, AN ARC LENGTH ( 37.33 FEET TO A POINT OF CUSP WITH A 20.00 FOOT RADIUS CURVE CONCAT WESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 42’04’34” EA5 THENCE LEAVING SAID NORTHWESTERLY SIDELINE, NORTHEASTERL NORTHERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CUR‘ THROUGH A CENTRAL ANGLE OF 88’03’08’’ AN ARC LENGTH OF 30.74 FEE THENCE RADIAL FROM SAID CURVE NORTH 49’52’18” EAST, 18.00 FEET TO PAGE 4 OF 12 :DA M:\Legals\1953 Ocean Bluff\004A15.doc wo 1953-4 z2ma &k{ 1-g.t.~ A $6 0-k / 1 i” 0 0 POINT ON THE SOUTHWESTERLY SIDELINE OF THE HEREINABOVE DESCRIBE PARCEL 2; THENCE ALONG SAID SOUTHWESTERLY SIDELINE, SOUTH 40’07’4 EAST, 19.20 FEET TO THE POINT OF BEGINNING. PARCEL 4 (SLOPE EASEMENT) COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHWEST QUART1 OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER ( FRACTIONAL SECTION 22 ALSO BEING THE SOUTHWEST CORNER OF PARC~ “6” OF CERTIFICATE OF COMPLIANCE RECORDED MARCH 11, 1997 AS FILE N 1997-0106631 OF OFFICIAL RECORDS OF SAID SAN DIEGO COUNTY; THEN( ALONG THE WESTERLY LINE OF SAID NORTHWEST QUART-ER OF Tt SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER SOUTH 02’23’14” EA: 40.37 FEET TO AN ANGLE POINT IN THE WESTERLY SIDELINE OF Tt HEREINABOVE DESCRIBED PARCEL 2, SAID POINT BEING THE BEGINNING OF NON-TANGENT 312.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, RADIAL LINE BEARS SOUTH 71O43’15” WEST TO SAID POINT BEING THE TRI POINT OF BEGINNING; THENCE LEAVING SAID WESTERLY LINE ALONG SA WESTERLY SIDELINE OF PARCEL 2 THE FOLLOWING COURSES: I. SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTR ANGLE OF 4’21’28’’ A DISTANCE OF 23.73 FEET; 2. SOUTH 22’38’13” EAST, 117.15 FEET TO THE BEGINNING OF A TANGEI 312.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; 3. SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTR, ANGLE OF 17O29’29” A DISTANCE OF 95.25 FEET; 4. SOUTH 40’07’42’’ EAST, 108.37 FEET TO THE MOST NORTHERLY CORN1 OF THE HEREINABOVE DESCRIBED PARCEL 3. THENCE ALONG THE WESTERLY SIDELINE OF SAID PARCEL 3 SOUTH 49’52” WEST, 18.00 FEET TO THE BEGINNING OF A NON-TANGENT 20.00 FOOT RAD11 CURVE CONCAVE WESTERLY, A RADIAL LINE BEARS NORTH 49’52’18” EA TO SAID POINT; THENCE CONTINUING ALONG SAID SIDELINE SOUTHER PAGE 5 OF 12 :DA M:\Legals\1953 Ocean Bluftl004A15.doc wo 1953-4 zmga G#iB;-c&. 67 2-C ~lci 0 ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 88°03'08" DISTANCE OF 30.74 FEET TO A POiNT IN THE NORTHWESTERLY SIDELINE ( THE HEREINABOVE DESCRIBED PARCEL I, SAID POINT BEING THE BEGINNIb OF A REVERSE 1451.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, RADIAL LINE BEARS NORTH 42'04'34" WEST TO SAID POINT; THEN( SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTR ANGLE OF 06O14'34" A DISTANCE OF 158.10 FEET; THENCE CONTINUING ALOp SAID SIDELINE SOUTH 41'40'52" WEST, 38.87 FEET TO SAID WESTERLY LIb OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF Tt SOUTHWEST QUARTER; THENCE LEAVING SAID SIDELINE OF PARCEL 1 ALOh SAID WESTERLY LINE NORTH 02'23'14" WEST, 16.23 FEET; THENCE LEAVIb SAID WESTERLY LINE NORTH 03'41'32" EAST, 70.93 FEET; THENCE NOR- 42'38'54" EAST, 40.97 FEET; THENCE SOUTH 74'57'44" EAST, 45.62 FEE THENCE NORTH 48'58'17" EAST, 75.44 FEET; THENCE NORTH 01'48'05" WE5 26.69 FEET; THENCE NORTH 39'49'04" WEST, 102.45 FEET; THENCE NOR- 29"41'10" WEST, 131.03 FEET; THENCE NORTH 23'22'44" WEST, 47.06 FEET 1 SAID WESTERLY LINE OF THE NORTHWEST QUARTER OF THE SOUTHEA: QUARTER OF THE SOUTHWEST QUARTER; THENCE ALONG SAID WESTER1 LINE NORTH 02'23'14" WEST, 57.53 FEET TO THE TRUE POINT OF BEGINNING, THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.255 ACF MORE OR LESS. PARCEL 5 (SLOPE EASEMENT) COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHWEST QUARTL OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 1 ALSO BEING THE SOUTHWEST CORNER OF PARCEL "B" OF CERTIFICATE C COMPLIANCE RECORDED MARCH I I, 1997 AS FILE NO. 1997-01 06631 C OFFICIAL RECORDS OF SAID SAN DIEGO COUNTY; THENCE ALONG Tt NORTHERLY LINE OF SAID NORTHWEST QUARTER OF THE SOUTHEA: PAGE 6 OF 12 :DA M:\Legals\l953 Ocean Blum004A15.doc WO 1953-4 2/27/98 Gr4 Ie\"e A b$ 6-5 //v 0 0 QUARTER OF THE SOUTHWEST QUARTER BElNG THE SOUTHERLY LINE ( SAID PARCEL B SOUTH 87'27'43" EAST, 34.51 FEET TO AN ANGLE POINT IN TI EASTERLY SIDELINE OF THE HEREINABOVE DESCRIBED PARCEL 2, SAID POI BEING THE BEGINNING OF A NON-TANGENT 270.00 FOOT RADIUS. CUR CONCAVE NORTHEASTERLY, A RADIAL LINE BEARS SOUTH 77'21'59" WEST SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE LEAVING Si NORTHERLY LINE ALONG SAID EASTERLY SIDELINE OF PARCEL 2 T FOLLOWING COURSES: 1. SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTF; ANGLE OF 10°00'12" A DISTANCE OF 47.14 FEET; 2. SOUTH 22O38'13" EAST, 117.15 FEET TO THE BEGINNING OF A TANGE 270.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; 3. SOUTHEASTERLY-ALONG THE ARC OF SAID CURVE THROUGH A CENTR ANGLE OF f7O29'29" A DISTANCE OF 82.43 FEET; 4. SOUTH 40"07'42" EAST, 108.37 FEET TO THE BEGINNING OF A TANGE 20.00 FOOT RADIUS CURVE CONCAVE NORTHERLY; 5. EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANG OF 88O03'08" A DISTANCE OF 30.74 FEET TO A POINT IN TI NORTHWESTERLY SiDELlNE OF THE HEREINABOVE DESCRIBED PARCEL SAID POINT BEING THE BEGINNING OF A REVERSE 1451.00 FOOT RAD!' CURVE CONCAVE SOUTHEASTERLY, A RADIAL LINE BEARS NORTH 38O10'1 WESTTO SAID POINT; THENCE ALONG SAID NORTHWESTERLY SIDELINE OF PARCEL NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTR, ANGLE OF 10O36'42" A DISTANCE OF 268.74 FEET TO THE WESTERLY LINE ( SAID EASTERLY 208 2/3 FEET OF THE NORTHERLY 208 2/3 FEET AS DESCRIBI IN DEED TO MILDRED McMILLAN, RECORDED MAY 9,1966 AS FILE NO. 77307 ( OFFICIAL RECORDS; THENCE LEAVING SAID SIDELINE OF PARCEL 1 ALOF SAID WESTERLY LINE NORTH 02"12'02" WEST, 12.95 FEET; THENCE LEAVlF SAID WESTERLY LINE SOUTH 59'59'55" WEST, 223.98 FEET; THENCE SOU' 48'58'17" WEST, 56.89 FEET; THENCE NORTH 44'49'43" WEST, 132.52 FEE PAGE 7 OF 12 :DA M:\Legals\1953 Ocean Bluftl004A15.doc WO 1953-4 2/27/98 rnbm11 A Qq 7.F- 1 I? 0 0 THENCE NORTH 21'00'58" WEST, 219.44 FEET; TO SAID NORTHERLY LINE THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF T SOUTHWEST QUARTER; THENCE ALONG SAID NORTHERLY LINE NOR 87'27'43" WEST, 15.50 FEET TO THE TRUE POINT OF BEGINNING. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.191 AC MORE OR LESS. PARCEL 6 (SLOPE EASEMENT) COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHERLY T\ ACRES OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER THE SOUTHWEST QUARTER OF SECTION 22; THENCE ALONG THE NORTHEF LINE OF SAID SOUTHERLY TWO ACRES SOUTH 87'31'12" EAST, 118.91 FEET A POINT IN THE SOUTHEASTERLY SIDELINE OF THE HEREINABOVE DESCRIB PARCEL I, SAID POINT BEING THE BEGINNING OF A NON-TANGENT 1349 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL LINE BEA NORTH 47'13'15'' WEST TO SAID POINT BEING THE TRUE POINT OF BEGINNI! THENCE LEAVING SAID NORTHERLY LINE ALONG SAID SOUTWEASTEF SIDELINE OF PARCEL 1 NORTHEASTERLY ALONG THE ARC OF SAID CUF THROUGH A CENTRAL ANGLE OF 21'43'29" A DISTANCE OF 51 1.50 FEET T( POINT IN THE SOUTHERLY LINE OF SAID EASTERLY 208 2/3 FEET OF 1 NORTHERLY 208 213 FEET AS DESCRIBED IN DEED TO MILDRED McMlLL RECORDED MAY 9, 1966 AS FILE NO. 77307 OF OFFICIAL RECORDS; THEN LEAVING SAID SIDELINE OF PARCEL I ALONG SAID SOUTHERLY LINE SOL 87'27'43" EAST, 41.47 FEET; THENCE LEAVING SAID SOUTHERLY LINE SOL 72'58'16'' WEST, 43.89 FEET; THENCE SOUTH 63'52'46" WEST, 149.30 FE THENCE SOUTH 44'57'59" WEST, 315.54 FEET TO SAID NORTHERLY LINE THE SOUTHERLY TWO ACRES; THENCE ALONG SAID NORTHERLY LINE NOF 87'31'1 2" WEST, 51.93 FEET TO THE TRUE POINT OF BEGINNING. PAGE 8 OF 12 :DA M:\Legals\l953 Ocean Bluffl004A15.doc wo 1953-4 212719a cxl-wm4 -70 oe 1t.c 0 e THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.269 ACF MORE OR LESS. PARCEL 7 (TEMPORARY CONSTRUCTION EASEMENT) BEING A 20.00 FOOT WIDE STRIP OF LAND, THE WESTERLY LINE BEIP PARALLEL WITH AND 20.00 FEET WESTERLY OF THE WESTERLY LINE OF TI HEREINABOVE DESCRIBED PARCEL 4. - THE WESTERLY SIDELINE OF SAID 20.00 FOOT WIDE STRIP OF LAND TO I SHORTENED OR EXTENDED SO AS TO TERMINATE SOUTHWESTERLY AI NORTHWESTERLY IN SAID WESTERLY LINE OF THE NORTHWEST QUARTER ( THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF FRACTION, SECTION 22. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.204 ACI MORE OR LESS. PARCEL 8 (TEMPORARY CONSTRUCTION EASEMENT) BEING A 20.00 FOOT WIDE STRIP OF LAND, THE NORTHERLY LINE BElf PARALLEL WITH AND 20.00 FEET NORTHERLY OF THE NORTHERLY LINE ( THE HEREINABOVE DESCRIBED PARCEL 5. THE NORTHERLY SIDELINE OF SAID 20.00 FOOT WIDE STRIP OF LAND TO SHORTENED OR EXTENDED SO AS TO TERMINATE NORTHWESTERLY IN SE NORTHERLY LINE OF THE NORTHWEST QUARTER OF THE SOUTHEA PAGE 9 OF 12 :DA M:\Legals\l953 Ocean Blu~004A15.doc WO 19534 2/27/98 E%G\@\TA 7 1 o+ W-f 0 0 QUARTER OF THE SOUTHWEST QUARTER OF FRACTIONAL SECTION 22. A NORTHEASTERLY IN SAID WESTERLY LINE OF THE EASTERLY 208 213 FEET THE NORTHERLY 208 213 FEET AS DESCRIBED IN DEED TO MILDRED McMILL, RECORDED MAY 9, 1966 AS FILE NO. 77307 OF OFFICIAL RECORDS. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.281 AC MORE OR LESS. PARCEL 9 (TEMPORARY CONSTRUCTION EASEMENT) BEING A 20.00 FOOT WIDE STRIP OF LAND, THE SOUTHEASTERLY LINE BE1 PARALLEL WITH AND 20.00 FEET SOUTHEASTERLY OF THE SOUTHEASTEF LINE OF THE HEREINABOVE DESCRIBED PARCEL 6. THE SOUTHEASTERLY SIDELINE OF SAID 20.00 FOOT WIDE STRIP OF LAND BE SHORTENED OR EXTENDED SO AS TO TERMINATE SOUTHWESTERLY SAID NORTHERLY LINE OF THE SOUTHERLY WO ACRES OF THE NORTHWE QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER SAID FRACTIONAL SECTION 22 AND NORTHEASTERLY IN SAID SOUTHEF LINE OF THE EASTERLY 208 2/3 FEET OF THE NORTHERLY 208 2/3 FEET DESCRIBED IN DEED TO MILDRED McMILLAN, RECORDED MAY 9, 1966 AS F NO. 77307 OF OFFICIAL RECORDS. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.240 AC MORE OR LESS. PARCEL 10 (DRAINAGE EASEMENT) COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHWEST QUAR-I OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER FRACTIONAL SECTION 22 ALSO BEING THE SOUTHWEST CORNER OF PAR( PAGE 10 OF 12 :DA M:\Legals\l953 Ocean Blu~004A15.dOC wo 1953-4 2t2ma €L+t IBiT A 22+ /I9 0 0 "B" OF CERTIFICATE OF COMPLIANCE RECORDED MARCH 11, 1997 AS FILE N 1997-0106631 OF OFFICIAL RECORDS OF SAID SAN DIEGO COUNTY; THEN( ALONG THE NORTHERLY LINE OF SAID NORTHWEST QUARTER OF TI SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER BEING TI SOUTHERLY LINE OF SAID PARCEL "B", SOUTH 87'27'43" EAST (RECORC SOUTH 86'53'40" EAST), 34.51 FEET TO AN INTERSECTION WITH THE EASTER SIDELINE OF THE HEREINABOVE DESCRIBED PARCEL 2, SAID POINT BE11 THE BEGINNING OF A NON-TANGENT 270.00 FOOT RADIUS CURVE CONCA' NORTHEASTERLY, A RADIAL LINE BEARS SOUTH 77O21'59" WEST TO SF POINT BEING THE TRUE POINT OF BEGINNING; THENCE LEAVING SF NORTHERLY LINE, SOUTHEASTERLY ALONG SAID EASTERLY SIDELINE AI THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 0+1°47'21" DISTANCE OF 8.43 FEET; THENCE LEAVING SAID EASTERLY SIDELINE SOU' 63'25'48" EAST, 22.22 FEET; THENCE NORTH 26"34'12" EAST, 15.00 FEE THENCE NORTH 63'25'48'' WEST, 8.48 FEET TO SAID SOUTHERLY LINE OF SF PARCEL "B"; THENCE ALONG SAID SOUTHERLY LINE NORTH 87'27'43" WE (RECORD = NORTH 86'53'40" WEST), 21.00 FEET TO THE TRUE POINT ( BEGINNING. - THE HEREINABOVE DESCRIBED PARCEL OF L4ND CONTAINS 0.007 AC MORE OR LESS. PARCEL 11 (DRAINAGE EASEMENT) COMMENCING AT THE NORTHWEST CORNER OF- THE SOUTHERLY Tv ACRES OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER THE SOUTHWEST QUARTER OF FRACTIONAL SECTION 22; THENCE ALONG T NORTHERLY LINE OF SAID SOUTHERLY TWO ACRES SOUTH 87'31'12" EA: 118.91 FEET TO A POINT IN THE SOUTHEASTERLY SIDELINE OF T HEREINABOVE DESCRIBED PARCEL 1, SAID POINT BEING THE BEGINNING 01 NON-TANGENT 1349.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY PAGE 11 OF 12 :DA M:\Legals\l953 Ocean Bluff\004A15.doc wo 1953-4 mma &(+[Q\Th 73 2 & IJy' 0 0 RADIAL LINE BEARS NORTH 47O13'15" WEST TO SAID POINT; THENCE LEAVIb SAID NORTHERLY LINE ALONG SAID SOUTHEASTERLY SIDELINE OF PARCEL NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTR ANGLE OF 08'53'58" A DISTANCE OF 209.53 FEET TO THE TRUE POINT ( BEGINNING; THENCE CONTINUING ALONG SAID SOUTHEASTERLY SlDELlf NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTR, ANGLE OF OOO43'23" A DISTANCE OF 17.02 FEET; THENCE LEAVING SP SOUTHEASTERLY SIDELINE SOUTH 09'46'01" EAST, 49.26 FEET; THEN( NORTH 80'13'59" EAST, 5.00 FEET; THENCE SOUTH 09'46'01" EAST, 27.50 FEE THENCE SOUTH 80'13'59" WEST, 25.00 FEET; THENCE NORTH 09"46'01" WES 27.50 FEET; THENCE NORTH 80'13'59" EAST, 5.00 FEET; THENCE NOR: 09'46'01" WEST, 41.22 FEET TO THE TRUE POINT OF BEGINNING. e THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.031 ACF MORE OR LESS. 7 -k% 3- 3- PP JOHN W. HILL, JR. L.S. 5669 HUNSAKER &ASSOCIATES SAN DIEGO, INC. PAGE 12 OF 12 :DA M:\Legals\l953 Ocean BluflOO4A15.doc wo 1953-4 z2ma &M\e[T A 3 y CY! lq "", " ""- "- INDlaTES 3/4 ,. IRON . PIPE MARKED XCE 8270' PER R Of S 12096 ( ) ~NOICATES RECORD DATA PER MAP 12972 [ 3 (NOICATES RECORD DATA PER R OF s 13348 I 1 1h1~1c47E.5 RECORD DATA PER R OF s 4772 (( )) INDICATES RECORO DATA PER CERTIFIUTE OF COMPLIANCE REC. 3/7 1/97, 1997-0106631 0-R. F LEGAL DESCRIPTION BASIS OF BEARINGS" THE BASIS OF BEARINGS FOR THIS MAP 1s A PORTION ( ~4 w, s.B.M., PER MAP NO. 13429, 1. E. N 89'57'43-E. IAN DISCO. INC THE NORTHERLY .LINE OF FRACTlONAL SECTION 22, T12.5 RN(NpI(; mHmmkaast*200 WNEP.INt kD*gaGSrm ,. i ~ . .*.L I SHEET 1 OF WlJIl)ll.DM; .- ' DEDICATION PUT - CITY OF CARSBAD PREPARED BY: PROJECT: A.P.N.: CATELLUS RES I DENT I AL GR(J'.JP SLOPE, TEMPOMY IRVINE, CA 92714 CONSTRUCTION & DWMGE GISEMENTS . 215-070-19 ". &/6f g 3-3-41: EXHIBIT 1 JOHN W. HILL, JR. L.S. 5669 EXPIRES 9/30/99 PR. 3.2.7 05 &q-tm(T Ck 1'6'. &f tlq I 1 N 22'38'13"w 11 7.15' " -" -" ""- "" /qy 100 0 100 200 300 SCALE 1" = 100' rn NOTE: HUNSAKER DATA SHOWN HEREON IS BASED ON THE FOLLOWING & ASSOCIATES RECORD OF SURVEY MAPS: 584, 4772, 4773, 5715, SAM DltCQ INC 6269, 10774, 12096, 13762 AND 14630. RECORD OF I" .~ SURVEY MAP NO. 14608 SHOWS ALTERNATE LOCATIONS I RANN1NG mHc6nekemstSlitem ENCJNEEIUNG San Diego, G 97m FOR PROPERTY LINES SHOWN HERON. NO SUOVFIIX Pl4fim~rsrusnn. FYIfi-mwRUU REPRESENTATION IS MADE HEREON AS TO THF I OCATION . . - . . . . - . . . , - . - - - . - - - . . ., - . - ," . , . . 0013lDl4.D~ - - . . -. . - - . . - . - . . . - - - -. . . . - . . OF PROPERTY OR -OWNERSHIP LINES. I SHEET DEDlCATlON PLAT - CITY OF CARLSBAD APPLICANT: A.P.N.: PROJECT: PREPARED BY: CATELLUS RESIDENTIAL GROUP SUI TE 400 IRVINE. CA 92714 SLOPE, TEMPORARY EXHIBI PR. 3.2.105 EXPIRES 9/30/99 (714) 251-6100 DMMGE MEMENE JOHN W. HILL JR. LS. 5669 5 PARK PLAZA 2 4 $ 7-3-It CONSTRUCTION & 2 15-07 2 ~%t-kt~~~ k 76 og.. ri9 ApN 215-070- 19 ----- """", L 1 I N 02'23'14'hr 54.88' L3 N 02'23'14v 40.37' 300 ~2 I N 02'23'14'hr 57.53' ~4 N 8T27'43W 34.51' mq INDICATES SLOPE E4SEMENT INDICATES TEMPORARY CONSTRUCTION EASEMENT w HUNSAKER DATA SHOWN HEREON IS EASED ON THE FOLLOWlNG RECORD Of SURVEY MAPS: 584, 4772. 4773, 57 15. b A i & ASSOCUES 6269, 10774, 12096, 13762 AND 146.30. RECORD of F= SAN DlfGQ INC SURVEY MAP NO. 14608 SHOWS ALTERNATE LOCATlONS RACWDJC ~ttwn&mStSticcMa FOR PROPERlY LINES SHOWN HEREON. NO I WaNERPX SmM*140- REFRESENTATION IS MADE HEREON AS To THE LOCATION .% ,i....,..~~~."m(619)SYWS00.fl((619)aeUU "?.Of'.PROPERN" OR OWNERSHIP LINES. " ' .* -' . SHEET 3 OF 0013LD129W DEDICATjON PUT - ClTy OF CARLSBAD CATELLUS RESIENTIAL GROUP SlOPE, TEMPOMY IRVINE. CA 92714 SUITE 400 coNsTRucTIoN & EXPIRES: 9/30/99 (714) 251-6100 JOHN W. HILL, JR. LS. 5669 5 PARK PLAZA APPLICANT: PREPARED BY: PROJECT: A.P.N.: 215-070-19 - p (r 74 p- 3-34 5tWMGE EASEMENTS PR. 3.2.1 05 EXHIBIT YY J E&&L,@W A. 27 *s.* 1 i "1 ~~~~~-~ - _""" APN 2 15-070- 19 N 09'46'01 't/ 49.26' N 09'46'0 1 't/ 27.50' ROS 4772 "" "" ""."- I 100 0 100 200 300 DISTANCE NUMBER1 DIRECTION L I IN 8T27'43W 21.00' 12 34.5 I' N 8T27'43W L5 22.22' N 6725'48b 14 15.00' N 26'34'122 L3 SCALE 1 " =, 100 ' 8.48' N 6725'48W LEGEND INDICATES DRAINAGE GISEMENT NUMBER 1 DEL TA 1 R4DlU.S 1 LENGTH ]I HUNSAKER RECORD OF SURVEY MAPS: 584, 4772, 4773, 571 5, & ASSOCIATES 6269, 10774, 12096, 13762 AND 14630. RECORD OF F=l SURVEY MAP NO. 14608 SUO WS ALTERNATE LOCATIONS I Cl 101'47'21' 1270.00 18.43 m NOTE: VI DATA SHOWN HEREON IS BASED ON THE .FOLLOWING SAM DIECQ INC MHC MD9 kbmekem St. slice Mo FOR PROPERTY LINES SHOWN HEREON. NO I ~WC sV,D*gaG92Ul REPRESENTATION IS MADE HEREON AS TO THE LOCATION SURVMNC M6?9)SS8-4Mo. D((6l919)s5BUU . - ' OOfUOf.3.0W .'OF' PROPERTY OR OWNERSHIP LINES. . ' ' SHEET 4 OF 4 DEDlCATlON PUT - CIN OF CARLSBAD 'PLICANT: A.P.N.: PROJECT: PREPARED BY: :ATELLUS RESIDENTIAL GROUP IRVIM, CA 92714 SLOPE, TEMPORARY 3JI TE 400 EXHIBIT "By' PR. 3.2.105 EXPIRES: 9/33/99 :714) 251-6100 DRAINlAGE GISEMEN7S JOHN W. HILL. JR. C.S. 5669 5 PARK PLAZA + *[A % 3-3- ?e CONSTRUCTION & 215-070-19 bw(gr$ A. 7s p,+ hbcj e ~ ~~~ ~~-~~~~~~ .. - RECORDING REQUESTED B AND WHEN RECORDED, PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, California 92008 MAIL TAX STATEMENTS TO: EXEMPT I The undersigned grantor(s) declare(s): Documentary transfer tax is $o.oO ( ) computed on full value of property conveyed, or ( )computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: ( x ) City of Carlsbad, and Assessor‘s Parcel No.: APN 215-070-27 DOCUMENT NO.: 050ROES - Space above this line for Recorder’s Use - NO RECORDING FEE REQl THIS DOCUMENT EXEMPT PURSUANT TO SECTION 2; CALIFORNIA GOVERNMEN’ Project: Poinsettia Lane Extension Location: Poinsettia Lane & Aviara Parkwa! Reference: RW1050ROES INDIVIDUAL GRANT DEED ~~~ ~ ~ ~~~ ~~~ ~ FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, RONALD L. ROESCH, AS HIS SOLE AND SEPARATE PROPERTY hereby GRANTS to the City of Carlsbad, a Municipal Corporation, the following described real property in the City of Carlsbad, County of San Diego, State of C for public improvement purposes as described in the Exhibit “A’ consisting of one (1) page, a hereto and made a part hereof, and Exhibit “B” consisting of one (1) page is attached for clar The Grantor understands that the present intention of the Grantee is to construct and mainta public highway on the land hereby conveyed in fee and the Grantor, for the Grantor’s succes~ assigns, hereby waives any claim for any and all damages to grantor’s remaining property co to the property hereby conveyed by reason of the location, construction, landscaping or main of said highway. (As used above, the term “Grantor” shall include the plural as well as the singular nurn (JANMAC, INC., Expropriation Consultants) (carlsbad\POINSETTIA EXT\DEEDS\OSOROES) 04/10/ EkGieiT p~ 79 0-F; [cy .) 0 0 This document was executed this day of RONALD L. ROESCH, AS HIS SOLE AND SEPARATE PROPERTY RONALD L. ROESCH (NOTARY JURAT) STATE OF }ss . COUNTY OF 1 1 1 On before me, (the notary) personally appeared (insert here the names of the parties who personally appeared) personally known to r me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to he/she/they executed the same in hidherltheir authorized capacity(ies), and that by hislherltheir signature(s) on the instrument the person(s) upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature: (This area for official nofarial sea/) I (carlsbad\POINSETTIA EXT\DEEDS\OSOROES) 04/10, (JANMAC, INC., Expropriation Consultants) E&;+\ Bt,y pi $23 6c t [y 0 0 EXHIBIT “A” LEGAL DESCRIPTION ROESCH PR. 3.4.31 2 (BRIGANTINE DRIVE) THAT PORTION OF FRACTIONAL SECTION 22, TOWNSHIP 12 SOUTH, RANGE 4 WI SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIE STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, ALSO BElN PORTION OF PARCEL “A” OF CERTIFICATE OF COMPLIANCE RECORDED ON MA1 ‘l?, 1997 AS FILE NO. 1997-0106633 OF OFFICIAL RECORDS OF SAID SAN DII COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 1 BEGINNING AT THE SOUTHEAST CORNER OF PARCEL “A” OF SAID CERTIFICATE COMPLIANCE RECORDED MARCH 3, 1997, FILE NO. 1997-0106633 OF OFFI( RECORDS; THENCE ALONG THE EASTERLY LINE THEREOF NORTH 02”17’31” WE 174.65 FEET; THENCE LEAVING SAID EASTERLY LINE, SOUTH 88”30’00” WEST, 1 FEET; THENCE PARALLEL WITH AND 12.00 FEET WESTERLY OF THE EASTERLY L OF SAID PARCEL “A”, SOUTH 02”17’31” EAST, 129.25 FEET TO THE BEGINNING C TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 312.00 FEET; THE1 SOUTHERLY LEAVING SAID PARALLEL LINE ALONG THE ARC OF SAID CUI THROUGH A CENTRAL ANGLE OF 08”16’02” A DISTANCE OF 45.02 FEET TO A POINT THE SOUTHERLY LINE OF PARCEL “A” OF SAID CERTIFICATE OF COMPLIAP THENCE ALONG SAID SOUTHERLY LINE, SOUTH 87”42’26” EAST, 8.79 FEET TO POINT OF BEGINNING. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.047 ACRE MORE LESS. * L4 ?-?-?E JOHN W. HILL, JR. L.S. 5669 HUNSAKER & ASSOCIATES SAN DIEGO, INC. PAGE 1 OF 1 :DA M:\Legals\l953 Ocean Blum003AOl.doc WO 1953-3 2/27/98 EM46 8 CT /jr &j (24 11‘7 . .* 0 I I q 1 u VI IY I JEGEND xy INDICA 0.047 TES STREET ACRE N 88*30'00*E 12.0° .- I ,,: i" 0.047 ACRES m2ca "A M flgCQflDzQ 3/7jy97, FjL Am, m7-0106533 9,x GZA'TJFJCA TE OF COM?LIA DEDICATION AI OF s NO> (( )) INDICATES RECORD QATA PER CERTIFlC4TE OF 1 ':,.:.,, [[ ]] INDICATES RECORD C"' ~IM rcn hrn unIIrIc.c(Ic ,.pnr'C'~'Tp wr nC ' . COMPLMNCE REC. 3/11/97, ' 1997-010663 7 O.'R. COMPLMNCE REC. 3/11/97, 1997-0106633 O.R. \ ':.; EGAL DESCYWTION 60 0 60 120 1E JRTION OF FRCTIONAL SEC. 22, TlZS, R4W, S.E.M. SCALE 1 " = 60' 3ASIS OF BIURLNGS: WE BASIS OF BBRINGS FOR THIS MAP IS A PORTION OF HE NORTHERLY LINE OF FR4CTIONAL SECTION 22, TlZS, '4% S. B. M.. PER MAP NO. 13429, I. E. N 89'57'43% u HUNSAKER &ASSOCIATES SAW DIECO. INC RANNHC lOWHusnasaStSim200 WQNWINC SanDiegoGSrm JTCIINITY W WRVEYlNC . R1(619)55&IMO*t%(619)55&UU . 0013LEO2.0wt . . . NO ' SCALE SHEETlOF 1 I DEDICATION PLAT - CIN OF CARLSBAD 'PLICANT: A.P.N.: PROJECT: PREPARED BY: CATELLUS RESIOENTIAL GROUP IRVINE, CA 92714 NIT€ 400 PR. 3.4.312 EXPIRES 9/30/99 (714) 251-6100 JOHN W. HILL. JR. LS. 5669 5 PARK PLAZA k EXHIBIT "By' /c + 3 -?+E BRIWNE 'DRIVE 215-070-15 .E4ci(;t(grT A 02 & w 9. RECORDING REQUESTED B ~ AND WHEN RECORDED, PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, California 92008 MAIL TAX STATEMENTS TO: EXEMPT The undersigned grantor(s) declare(s): Documentary transfer tax is $o.oO ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: ( x ) City of Carlsbad, and Assessor’s Parcel No.: APN 215-070-27 DOCUMENT NO.: 051 ROES - Space above this line for Recorder’s Use - NO RECORDING FEE REQl THIS DOCUMENT EXEMPT PURSUANT TO SECTION 2; CALIFORNIA GOVERNMEN‘ Project: Poinsettia Lane Extension Location: Poinsettia Lane & Aviara Parkwa! Reference: RW/051 ROES SLOPE, DRAINAGE AND TEMPORARY CONSTRUCTION EASEMEI FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, RONALD L. ROESCH, AS HIS SOLE AND SEPARATE PROPERTY hereby GRANTS to the CITY OF CARLSBAD, a Municipal Corporation, an easement for the construction and maintenance of a slope and incidents thereto, upon, over and 2 that certain real property hereinafter described in Exhibit “A consisting of three (3) pages attached hc made a part hereof, and Exhibit “B” consisting of two (2) pages is attached hereto for clarity only, tog with; an easement for the construction and maintenance of a drainage structure and incidents thereto, upc under and across that certain real property hereinafter described in the above referenced Exhibits “A together with; an easement for temporary construction purposes and incidents thereto, upon, over, and across that real property hereinafter described in the above referenced Exhibits “A’ and “B”. The real property referred to hereinabove and made subject to said slope easement is situated in the Carlsbad, County of San Diego, State of California, and is more particularly described as Parcel 1 in referenced Exhibits “A and “B”. (JANMAC, INC., Expropriation Consultants) (carlsbad\POINSETTIA EXnEasements\051ROES) 04/10/! @kWd+ $33 04 11‘; * 0 0 The real property referred to hereinabove and made subject to said drainage easement is situated in 1 of Carlsbad, County of San Diego, State of California, and is more particularly described as Parcel 2 il above referenced Exhibits “A and “B”. The real property referred to hereinabove and made subject to said temporary construction easement situated in the City of Carlsbad, County of San Diego, State of California, and is more particularly des1 Parcel 3 in the above referenced Exhibits “A” and “B”. It is understood and agreed that the Grantor(s) of the temporary construction easement described as shall not be held liable for any damage to equipment or injury to personnel of said Grantee, its agents employees, in the performance of the work done within the temporary construction easement. The temporary construction easement shall remain in force for a period of three (3) years from the da document has been recorded in the Office of the County Recorder of San Diego County. Upon the e) of said three (3) year period, the Grantee shall have no further rights or liability in connection with saic temporary construction easement. This document was executed this day of , I!: RONALD L. ROESCH, AS HIS SOLE AND SEPARATE PROPERTY RONALD L. ROESCH (NOTARY JURAT) STATE OF }ss. COUNTY OF 1 1 1 On before me (the notary), personally appeared (insert here the names of the parties who personally appeared) personally known to me (or pro\ me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged tc that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the persc or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature: (This area for official notarial seal) (JANMAC, INC., Expropriation Consultants) (carlsbad\POINSETTIA EXnEasements\051 ROES) 04/101 rn4i~i-C Pi- Qq 0;- hf ), - 0 0 EXHIBIT “A” LEGAL DESCRIPTION ROESCH PR. 3.2.099 (SLOPE, TEMPORARY CONSTRUCTION AND DRAINAGE EASEMENTS) THOSE PORTIONS OF FRACTIONAL SECTION 22, TOWNSHIP 12 SOUTH, RAN 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THERE( ALSO BEING A PORTION OF PARCEL “A” OF CERTIFICATE OF COMPLIAN RECORDED ON MARCH 11, 1997 AS FILE NO. 1997-0106633 OF OFFIC RECORDS OF SAID SAN DIEGO COUNTY, BEING MORE PARTICULAF DESCRIBED AS FOLLOWS: - - PARCEL 1 (SLOPE EASEMENT) COMMENCING AT THE SOUTHEAST CORNER OF PARCEL “A” OF S, CERTIFICATE OF COMPLIANCE RECORDED MARCH 3, 1997, FILE NO. 1E 0106633 OF OFFICIAL RECORDS; THENCE ALONG THE EASTERLY L THEREOF NORTH 02’17’31” WEST, 174.65 FEET TO THE TRUE POINT BEGINNING; THENCE LEAVING SAID EASTERLY LINE, SOUTH 88’30’00” WE 12.00 FEET; THENCE PARALLEL WITH AND 12.00 FEET WESTERLY OF 1 EASTERLY LINE OF SAID PARCEL “A”, SOUTH 02’17’31’’ EAST, 129.25 FEET THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY HAVINC RADIUS OF 312.00 FEET; THENCE SOUTHERLY LEAVING SAID PARALLEL L ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 08’16’0: DISTANCE OF 45.02 FEET TO A POINT ON THE SOUTHERLY LINE OF PARCEL OF SAID CERTIFICATE OF COMPLIANCE; THENCE ALONG SAID SOUTHEf LINE, NORTH 87”42’26” WEST, 30.13 FEET; THENCE LEAVING SAID SOUTHEf LINE, NORTH 23’22’44” WEST, 17.91 FEET; THENCE NORTH 02’43’20” EP 174.46 FEET; THENCE SOUTH 89’55’04‘’ EAST, 30.01 FEET TO A POINT ON - EASTERLY LINE OF PARCEL “A OF SAID CERTIFICATE OF COMPLIAN THENCE ALONG SAID EASTERLY LINE, SOUTH 02’17’31” EAST, 17.72 FEET THE TRUE POINT OF BEGINNING. PAGE 1 OF 3 :DA M:\Legals\l953 Ocean Blum003A02.doc WO 1953-3 2/27/98 wrgl-s A- B:; of itq - “ 0 0 THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.120 ACRE MORE OR LESS. PARCEL 2 (TEMPORARY CONSTRUCTION EASEMENT) BEING A 20.00 FOOT WIDE STRIP OF LAND, THE WESTERLY AND NORTHEF LfNES BEING PARALLEL WITH AND 20.00 FEET WESTERLY AND NORTHERLY THE WESTERLY AND NORTHERLY LINES OF THE HEREINABOVE DESCRIE PARCEL 1. THE WESTERLY AND NORTHERLY SIDELINE OF SAID 20.00 FOOT WIDE ST OF LAND TO BE SHORTENED OR EXTENDED SO AS TO- TERMIN,: SOUTHERLY IN THE SOUTHERLY LINE OF PARCEL “A” OF SAID CERTIFICATE COMPLIANCE AND EASTERLY IN THE EASTERLY LINE OF SAID CERTIFICATE COMPLIANCE. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.111 AC MORE OR LESS. PARCEL 3 (DRAINAGE EASEMENT) BEING A 15.00 FOOT WIDE STRIP OF LAND LYING 7.50 FEET ON EACH SIDE THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE SOUTHEAST CORNER OF PARCEL “A” OF S CERTiFICATE OF COMPLIANCE RECORDED MARCH 3, 1997, FILE NO. 15 0106633 OF OFFICIAL RECORDS; THENCE ALONG THE SOUTHERLY L THEREOF NORTH 87’42’26’’ WEST (RECORD = NORTH 87”09’02” WEST), I FEET TO A POINT ON THE EASTERLY LINE OF THE HEREINABOVE DESCRIE PARCEL 1 SAID POINT BEING THE BEGINNING OF A NON-TANGENT CUF CONCAVE‘EASTERLY HAVING A RADIUS OF 312.00 FEET, A RADlAL TO S POINT BEARS SOUTH 79”26’27” WEST; THENCE NORTHERLY ALONG S PAGE 2 OF 3 :DA M:\Legals\l953 Ocean 81uffl003A02.doc WO 1953-3 2/27/98 mi@\_; /+ Gb of: /q .. . - e e EASTERLY LINE AND THE ARC OF SAID CURVE.THROUGH A CENTRAL ANG OF 04”52’12” A DISTANCE OF 26.52 FEET TO THE TRUE POINT OF BEGINNIh THENCE LEAVING SAID EASTERLY LINE, SOUTH 86’41’49” WEST, 26.11 FEET‘ A POINT HEREINAFTER REFERRED TO AS POINT “A” AND THE POINT TERMINUS. THE SIDELINES OF SAID 15.00 FOOT WIDE STRIP OF LAND TO BE SHORTEN OR EXTENDED SO AS TO TERMINATE IN THE EASTERLY LINE OF SAID PARC 1. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 392 SQUA FEET MORE OR LESS. - PARCEL 4 (DRAINAGE EASEMENT) BEING A 20.00 FOOT WIDE STRIP OF LAND LYING 10.00 FEET ON EACH SIDE THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT THE HEREINABOVE DESCRIBED POINT “A” IN PARCEL THENCE SOUTH 86”41’49”WEST, 15.00 FEET TO THE POINT OF TERMINUS. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 300 SQUP FEET MORE OR LESS. w..-w- 3-3 -7g JOHN W. HILL, JR. L.S. 5669 HUNSAKER &ASSOCIATES SAN DIEGO, INC. PAGE 3 OF 3 :DA M:Legals\l953 Ocean Bluff\003A02.doc wo 1953-3 z127tga CXHIQ\? A- 87 3.z E;q I ., a l l e 1 1 Ql u 4 u v) IY I - " LEGEND wA INDICATES SLOPE EASEMENT -_... CONSTRUCTION EASEMENT INDICATES TEMPORARY -1 (( >> INDICATES RECORD DA TA PER CERTIflc4TE OF COMPLMNCE REC. 3/7 1/97, 1997-0106631 0.R. i COMPLIANCE REC. 3/11/97. 1997-0706633 .R- [[ ]] INDICATES RECORD DATA PER CERilFIO TE of 6e 0 60 120 I LEGAL DESCWFTiON 7 PORTION OF FR4CTIONAL SEC. 22, TI 2.5, R4W. SAM. SCALE 1 " = 60' I BASIS OF BhWUNGS: THE &ISIS OF BE4RINGS FOR THIS MAP IS A PORTION OF THE NORTHERLY LINE OF FR4CTlOhN SECTION 22, TlZS. R4W, S.E.M., PER MAP NO. 13429, LE. N 89'57'43% PLANNING I zz; HUNSAKER & ASSOCIATES SAN UltCQ INC um9~St~MO kDicgo,Q%Ql PH(6l9)558-4500. Fx1619)558U74 001JLEltOM; VCINITY MAP NO SCALE SttER DEDlCATlON PLAT - ClN OF CARLSBAD APPLICANT: 1 PREPARED BY: I PROJECT: . ~A.P.N.: CATELLUS RESIDENTIAL GROUP IRVINE. CA 92714 SUITE 400 5 PAW( PLAZA (714) 251-6100 JOHN W. HILL JR. LS. 5669 EXPIRES: 9/30/99 " P&q 7-3- ye , Sf OPE, EMPOR4RY CONSTRUC77ON AND DRLVNAGE WEMEWS PR. 3.2.099 2 15-0 EXHIB! rn&&?(< #L+ 36 Of i [LJ r ~~ .. <1 - ~~~~ ~ ~~~~ LLl LJ > LLl $ 4 c? 1, ' LL 6 9 * -2 i\" n E '( c7 & io ?- L" L io " 4 > 2 " LLl LL Q ~ QcI ,- L- c< Q A 't 7 LLl LLl q c, q?--"Q~ I- 3 c< - " cud .- c LLl 3 q Q L& " 4 .- ---rn<Q uc7 '\ '. LLl LJ "- ""- 1: SI y LINE PARCEL ?I y CERlLqa TE - " Of COMPLhWCE RECORDED 3/11/97 flLE No. 1997-0106633 0.R- 0 * II - .. w U v) 0 -I J? 05 5 p!l.g, 4772 I I & 40 0 I!! 40 80 120 SCALE 1 " = 40' HUNSAKER A i &ASSOCIATES LEGEND m INDICATES DRAINAGE E4SEMENT SAN OIEGQ INC 1 - FtmNlrK 10119HusrrkssSr5ifeMO SURVMNC W679KsMSOO~ FX(619)5y).UU WIX€IZ.DM; WaNWM hMqmQ9ZlZl Sl-E DEDlCATlON PLAT - CIN OF CARLSBAD APPLICANT: A.P.N.: PROJECT: PREPARED BY: CATELLUS RESIOENTIAL GROUP IRVINE, CA 92714 SUI TE 400 CONSTRUC77ON AND % &$j?. 7-3-78 2 15-0 SLOP& EMPOR4RY 5 PARK PLAZA DWMGE MEMENTS JOHN W. HIU. JR. LS. 5669 (714) 251-6100 EXHIBI P R. 3.2.099 EXPIRES 9/30/99 E%kt[@lT B9 94 B iq - RECORDING REQUESTED AND WHEN RECORDED, PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, California 92008 MAIL TAX STATEMENTS TO: EXEMPT I The undersigned grantor(s) declare(s): Documentary transfer tax is $o.oO ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: ( x ) City of Carlsbad, and Assessor‘s Parcel No.: APN 215-070-18 DOCUMENT NO.: 060AITC - Space above this line for Recorder’s Use - NO RECORDING FEE REQl THIS DOCUMENT EXEMPT PURSUANT TO SECTION 2; CALIFORNIA GOVERNMEN’ Project: Poinsettia Lane Extension Location: Poinsettia Lane & Aviara Parkwa! Reference: RW1060AITC INDIVIDUAL GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Wallace G. Aitchison and Elizabeth R. Aitchison, husband and wife as community pro hereby GRANTS to the City of Carlsbad, a Municipal Corporation, the following described real property in the City of Carlsbad, County of San Diego, State of C for public improvement purposes as described in the Exhibit “A consisting of one (1) page, 2 hereto and made a part hereof, and Exhibit “B” consisting of one (1) page is attached for clat This document was executed this day of Wallace G. Aitchison and Elizabeth R. Aitchison, husband and wife as community property Wallace G. Aitchison Elizabeth R. Aitchison (carlsbad\POINSETTIA EXT\DEEDS\060AITC) 03/19 (JANMAC, INC., Expropriation Consultants) &S(l3/7 A 90 04 :i?, * 0 0 (NOTARY JURAT) STATE OF }ss. COUNTY OF 1 1 1 On before me, (the notary) personally appeared (insert here the names of the parties who personally appeared) personally known to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to he/she/they executed the same in his/her/their authorized capacity(ies), and that by hislherltheir signature(s) on the instrument the person(s) upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature: (This area for official notarial seal) (JANMAC, INC., Expropriation Consultants) (carlsbad\POINSETTIA EXT\DEEDS\060AITC) 03/19) EKH(@(TA ci I of I icf - 0 0 EXHIBIT "A" LEGAL DESCRIPTION AlTCHlSON PR. 3.4.314 THE EASTERLY 208 2/3 FEET OF THE NORTHERLY 208 2/3 FEET, BEING ONE SQUA ACRE AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF T SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF FRACTIONAL SECTION TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY CARLSBAD, COUNW OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNll STATES GOVERNMENT SURVEY. -LC/ I&% 4-0" -7g JOHN W. HILL, JR. L.S. 5669 HUNSAKER &ASSOCIATES SAN DIEGO, INC. PAGE 1 OF I :DA \\Pcsewer\MAPPING\Leaals\l953 Ocean BMR004A18.doc - wo 1953-4 41wga Ek" A c(2 04 I f' c I AJ oF 5 jTDg5 I I 1 m - "" """ -"~- , ,,_,- ;.,j. *,,LQ'Z $7 G. "~~ <- ~.p c 3,-"'. .- :~~~~,~.l:;::? 1 7 ,,'.?.q ,'i .- - ." 4" . , "",, Yo/ AS , :" :.<>- L-+C,;; 2;- $.x. ;::; :- >.::-! ". , r -r -I c- - 100 0 100 200 300 SCALE 1 ,, = 100' NOTE M ch TA s;-J-;'C;<j;j :~~~~~;$; /-: i3.4 e*-p ,e.>:; 7: ..- ,r,,.,~ / fl!#;:,~$ ,y;~ P.-n $nt, ,r;-, GfZ sc,&'!y'F/ k,d$?s; 58.!, .+ ,772, 4i73, 57 75, 6259, !GZ7,T<, ;.?GS,c, 13,762 A$jfy !$c??s. fi~~~,~?~ (;ic .-,*.,?/'4;E LL",?,,d .," ,,%.2LU* dI , I l+L . 0.L-d HUNSAKER &Assoc~~s scz!K/ $A,Z Fjs. i$($$z S,+'L;;fit/s ,dL ;>-PA1 .' Tc ' Sf'.A i-!,'?;,)? . . , . . . . . SAN DIEGO, INC fci? :Ci?pE.?z./ iL+.jLz .z,?:l). iv?.) JyEGqccp;. fi/(y MNC 10119i-hm&emSt~rn >?E,cg'rsE$jE< 7,:.2>/ ;z ;(.??;;L ,Lg;?E@; A.5 7:; T+,F :- , ~, I?,,: ~~~ TiP ( : .$j t ENQNmc su, Mego, c1 m SURVMNC R1(619)5uwOo - EX(6?9)5%"4 Of pl~gp~~,7f ;2,? c!.:,t'FDc&p " ir. -iL>Ld, ; ;jy,L-q L.. -1. 0013LFcJ2.OwG SHEET DEDICATON PLAT - CITY OF CARLSBD APPLICANT: A.P.N.: PROJECT: PREPARED BY: CATELLUS RESIOENTIAL GROUP IRVIM, CA 92714 SUITE 400 2 15-07 AITCHISON % &d+ 4-8- 48 5 PARK PLAZA PROPERTY (714) 251-6100 JOHN W. HILL. JR. LS. 5669 EXPIRES: 9/30/99 EXHIBI PR. 3.4.374 hbktn17A G 2 24 119 - - - RECORDING REQUESTED - AND WHEN RECORDED, PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, California 92008 MAIL TAX STATEMENTS TO: EXEMPT The undersigned grantor(s) declare(s): Documentary transfer tax is $o.oO ( )computed on full value of property conveyed, or ( )computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: ( x ) City of Carlsbad, and Assessor’s Parcel No.: APN 215-070-10 DOCUMENT NO.: 070GALL - Space above this line for Recorder’s Use - NO RECORDING FEE REQU THIS DOCUMENT EXEMPT I PURSUANT TO SECTION 27 CALIFORNIA GOVERNMEN1 Project: Poinsettia Lane Extension Location: Poinsettia Lane & Aviara Parkwa) Reference: RW1070GALL INDIVIDUAL GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, NORMAN G. GALLAGHER, TRUSTEE OF THE NORMAN G. GALLAGHER AND DE’ L. GALLAGHER FAMILY TRUST DATED 4/24/81, as to an undivided 50% interest an LAIRD CAMERON and CATHERINE ANN CAMERON, husband and wife as joint ten: as to an undivided 50% interest hereby GRANTS to the CITY OF CARLSBAD, a Municipal Corporation, the following described real property which is situated in the City of Carlsbad, County of San State of California, as more particularly described in the attached Exhibit “A” and as shown o attached Exhibit “B”. The Grantor understands that the present intention of the Grantee is to construct and a public highway on the lands hereby conveyed in fee and the Grantor, for the Grantor’s sua and assigns, hereby waives any claims for any and all damages to grantor’s remaining prop€ contiguous to the property hereby conveyed by reason of the location, construction, landscal maintenance of said highway. (As used above, the term “Grantor” shall include the plural as well as the singular nurr (JANMAC, INC., Expropriation Consultants) (carlsbad\POINSETTIA EXT\DEEDS\070GAL ec!(gQ- 4 q* 0 -F It 5 * 0 e This document was executed this day of , I! NORMAN G. GALLAGHER, TRUSTEE OF THE NORMAN G. GALLAGHER AND DEBRA L. GALLA FAMILY TRUST DATED 4/24/81, as to an undivided 50% interest and LAIRD CAMERON and CATH ANN CAMERON, husband and wife as joint tenants, as to an undivided 50% interest BY: NORMAN G. GALLAGHER, TRUSTEE LAIRD CAMERON CATHERINE ANN CAMERON (NOTARY JURAT) STATE OF }ss. COUNTY OF 1 1 1 On before me, personally appeared personally known to me (or pro\ me on the basis of satisfactory evidence) to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged tc that helshelthey executed the same in hislherltheir authorized capacity(ies), and that by hislherltheir signature(s) on the instrument the persc or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature: (This area for official notarial sea/) I (JANMAC, INC., Expropriation Consultants) (carlsbad\POINSETTIA EXnDEEDS\070GAL Bkt\@\TA 4s of 'i'f. 0 0 EXHIBIT “A” LEGAL DESCRIPTION GALLAGHER FAMILY TRUST AND CAMERON PR. 3.4.31 3 (POINSETTIA LANE) THAT PORTION OF PARCEL 1 (DEDICATION PARCEL) DESCRIBED HERE LYING WITHIN PARCEL “A” (OWNERSHIP PARCEL) DESCRIBED HEREIN. PARCEL “A” (OWNERSHIP PARCEL) THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEA, QUARTER OF THE SOUTHWEST QUARTER OF FRACTIONAL SECTION : - TOWNSHIP 12 .SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN I CONVEYED TO GALLAGHER FAMILY TRUST AND CAMERON PER DEI RECORDED JANUARY 8, 1998 AS DOCUMENT NO. 1998-0009994 OF OFFICI, RECORDS OF SAN DIEGO COUNTY, IN THE CITY OF CARLSBAD, COUNTY ( SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STAT1 GOVERNMENT SURVEY APPROVED SEPTEMBER 17,1915. PARCEL 1 (DEDICATION PARCEL) ’ ’ BEING A 102.00 FOOT WIDE STRIP OF LAND LYING 51.00 FEET ON EACH SI1 OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE CENTERLINE INTERSECTION OF POINSETTIA LANE A AVIAFW PARKWAY (FORMERLY ALGA ROAD) AS SHOWN ON ClIY OF CARLSB TRACT 90-15, MAP NO. 12972, FILED IN THE OFFICE OF THE COUN RECORDER SEPTEMBER 17,1992, SAID POINT BEING OCCUPIED BY A STRE SURVEY MONUMENT STAMPED “L.S. 5894” PER RECORD OF SURVEY MAP P 13348, FILED IN THE OFFICE OF THE COUNTY RECORDER AUGUST 8, 19 SAID POINT BEARS NORTH 72°12’46’’ EAST, 593.97 FEET (NORTH 72”47’00” EA PAGE 1 OF 3 :DA M:\LegaIs\1953 Ocean Bluffl004A06.doc WO 1953-4 3/2/98 EFH(@bY /‘c C16 of /,I ”. 0 0 593.94 FEET PER R OF S 13348) FROM A POINT .ON THE CENTERLINE OF SA POINSETTIA LANE AS SHOWN ON SAID RECORD OF SURVEY MAP NO. 133~ SAID POINT BEING OCCUPIED BY A STREET SURVEY MONUMENT STAMPE “L.S. 5894”; THENCE LEAVING SAID CENTERLINE INTERSECTION ALONG SA CENTERLINE OF POINSETTIA LANE, NORTH 72’12’46’’ EAST (NORTH 72O47’C EAST PER MAP 12972), 185.00 FEET TO THE BEGINNING OF TANGENT CUR\ CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 1400.00 FEET; THEN( NORTHEASTERLY ALONG SAID CENTERLINE AND THE ARC OF SAID CUR\ THROUGH A CENTRAL ANGLE OF 02”41’01” A DISTANCE OF 65.57 FEI (02”41’12”, 65.65 FEET PER MAP 12972) TO A POINT ON THE SOUTHERLY Llf OF SAID SECTION 22, SAID POINT BEING THE TRUE POINT OF BEGINNIN THENCE NORTHEASTERLY ALONG A CONTINUATION OF SAID CENTERLII AND THE ARC OF SAKI CURVE THROUGH A CENTRAL ANGLE OF 27”50’53”, DISTANCE OF 680.46 FEET; THENCE NORTH 41°40’52” EAST, 515.94 FEET - THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY, HAVINC RADIUS OF 1400.00 FEET ; THENCE NORTHEASTERLY AND EASTERLY ALOE THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 50”47”26” DISTANCE OF 1241.05 FEET TO A POINT OF TANGENCY ON THE SOUTHER LINE OF PARCEL “B” OF CERTIFICATE OF COMPLIANCE RECORDED MARCH ’ - 1997, FILE NO. 1997-0106631 OF OFFICIAL RECORDS; THENCE ALONG SP SOUTHERLY LINE, SOUTH 87’31’42” EAST, 134.77 FEET TO THE SOUTHEA CORNER OF SAID PARCEL “B”, SAID POINT BEING OCCUPIED BY A ”/4 INCH IR( PIPE MARKED “RCE 8210”. THE SIDELINES OF SAID 102.00 FOOT WIDE STRIP OF LAND TO BE SHORTEN1 OR EXTENDED SO AS TO TERMINATE SOUTHWESTERLY IN THE SOUTHER LINE OF SAID FRACTIONAL SECTION 22 AND NORTHEASTERLY IN TI SOUTHERLY LINE OF PARCEL “B” OF SAID CERTIFICATE OF COMPLIANCE AI EASTERLY IN THE WESTERLY LINE OF BLACK RAIL ROAD PER NOTICE 1 PENDING ACTION SUPERIOR COURT CASE NO. NO75924 RECORD SEPTEMBER 12, 1997, FILE NO. 1997-0444689 OF OFFICIAL RECORDS. PAGE 2 OF 3 :DA M:\Legals\l953 Ocean BlufR004A06.doc wo 1953-4 31ma E%Q@J\T A or7 o4 11’ -. 0 0 TOGETHER WITH THAT PORTION OF SAID SECTION 22, LYING BETWEEN TI- SOUTHERLY SIDELINE OF THE HEREINABOVE DESCRIBED PARCEL 7, AND T\ WESTERLY SIDELINE OF SAID BLACK RAIL ROAD AND THE ARC OF A 25.( FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, SAID CURVE BEIh TANGENT TO EACH OF THE LAST TWO MENTIONED LINES. - 9- &- 7 - 3- 7% JOHN W. HILL, JR. L.S. 5669 HUNSAKER &ASSOCIATES SAN DIEGO, INC. PAGE 3 OF 3 :DA M:\Legals\1953 Ocean BIum004A06.doc WO 1953-4 3/2/98 hf-trsr? 4 46 QF rlY .. . "" "" "- "- "- SLY LINE .!jEC. 22 "" K~Y ~NDICNES STREET DEDICATION I INDICATES 5TREET'SURVU MONUMENT STAMPED Ir. "1.s. 5894" PER R OF S 13348. INDICATES 314" iRON PIPE MARKED "RCE 82 10' PER R OF S 12096 ( 1 INDIC~ TES RECORD DATA PER MAP 12972 UNLESS OTHERWISE NOTED. i 1 INDICATES RECORD DATA PER R OF s 120% F (( )> INDICATES RECORD DATA PER CERTIFICATE OF [ ] lNDlCATES RECORD DATA PER R @- s 13348 ,. , COMPLIXNCE REC.. 3/11/97, 1997-0106631 0.R PoRT/ON OF FR/ICTIOML 51%. 22, T12S, R4W, S.B.M. SAM OICGO, INC BASIS OF BW'GS:' THE BASIS OF BEARINGS FOR THIS MAP Is A PORTION 0 w ~tbsn&mhSteMO THE NORTHERLY LINE OF FR4CTIONAL SECTION 22, T12.S MONWC Ln Dicea '3 rnm R4W, ' S.B.M., PER MAP NO. 13429, I.€. N 89'57'43*E- , StN'EtlNc 'I R1(679)558)W * M679HSeUU . ' SHEET 1 OF 001JLCO1.DWc ,DEDICATION PLAT - c/v OF CARLSBAD' ._ APPLICANT: PREPARED BY: PROJECT: A.P.N.: CATELLUS RES I DENT I AL GRoUf' IRVINE, CA 92714 SUI TE 400 PR. 3.4.373 EXPIRES: 9/30/99 (714) .251-6100 JOHN W. HILL, JR. LS. 5669 EXHIBIT 5 PAW PLAZA LANE 9.e /J q 3 -?-?e 1. POINSrn 215-070-10 9J w 6HU3312 L+ qq 0s. ;I.' Y I ,:>I 1 NOTE: m HUNSAKER & ASSOCIAm 6269, 10774, 12096, 13762 AND 14630. RECORD Of DATA SHOWN HERfON IS BASED ON THE fOLLOWlNG RECORD Of SuRVff MAPS: 584, 4772, 4773s 57151 & SAW DILCO. INC SURVM MAP NO. 14608 SHOWS ALTERNATE LOCATIONS I RANN(Nc lrnI*anekaaStWnrn FOR PROPERTY LINES SHOWN HEREON. NO ENcJHEwp(c hMCeacIW REpRESE'NTATlON IS MADE HEREON AS To TklE LOCATION .,. GI --,Iw~&., ~~6~~~*FX~b~~~ ':' '''''0F'"pROpERTy OR -OWNERSHIP LINES. , . I. ..I r . . .j I.= st" 2w 001JLGa2.0wc , 'DEDICAflON~ 'PUT - ,*Ch'Y OF CARSBAD ., . APPLICANT: PREPARED BY: PROJECT: A.P.N.: CATELLUS RES I OENT I AL .GROUP IRVIM, CA 92714 SITE 400 EXPIRES: 9/30/99 PR. 3.4.313 (714) 251-6100' JOHN W. HILL, JR. L.S. 5669 EXHIBIT 5 PARK RAZA ME m POINSm 215-070-10 ¶9 b EXl+\W7 A (&J of ,:It! q ~~ ~ RECORDING REQUESTED - AND WHEN RECORDED, PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, California 92008 MAIL TAX STATEMENTS TO: EXEMPT I The undersigned grantor(s) declare(s): Documentary transfer tax is $o.oO ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: ( x ) City of Carlsbad, and Assessor‘s Parcel No.: APN 215-070-10 DOCUMENT NO.: 071 GALL - Space above this line for Recorder’s Use - NO RECORDING FEE REQU THIS DOCUMENT EXEMPT I PURSUANT TO SECTION 27 CALIFORNIA GOVERNMEN- Project: Poinsettia Lane Extension Location: Poinsettia Lane & Aviara Parkwa) Reference: RW/071 GALL SLOPE AND TEMPORARY CONSTRUCTION EASEMENTS FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, NORMAN G. GALLAGHER, TRUSTEE OF THE NORMAN G. GALLAGHER AND DE GALLAGHER FAMILY TRUST DATED 4/24/81, as to an undivided 50% interest and I CAMERON and CATHERINE ANN CAMERON, husband and wife as joint tenants, as undivided 50% interest hereby GRANTS to the CITY OF CARLSBAD, a Municipal Corporation, easements for the construction and maintenance of slopes and incidents thereto, upon, over and acrl certain real property hereinafter described, together with; an easement for temporary construction purposes and incidents thereto, upon, over, and across that real property hereinafter described. The real property referred to hereinabove and made subject to said slope easements is situated in th Carlsbad, County of San Diego, State of California, and is more particularly described in the attachec “A as Parcels 2 and 3, and as shown on the attached Exhibit “B” as Parcels 2 and 3. The real property referred to hereinabove and made subject to said temporary construction easemen situated in the City of Carlsbad, County of San Diego, State of California, and is more particularly de: the attached Exhibit “A as Parcel 4, and as shown on the attached Exhibit “B” as Parcel 4. (JANMAC, INC., Expropriation Consultants) (carlsbad\POINSETTIA EXnEasements\071 GAL Ep-tlQm4 lot of 1‘7 0 0 It is understood and agreed that the Grantor(s) of the temporary construction easement shall not be t- for any damage to equipment or injury to personnel of said Grantee, its agents or employees, in the p ance of the work done within the temporary construction easement. The temporary construction ease shall remain in force for a period of three (3) years from the date this document has been recorded in Office of the County Recorder of San Diego County. Upon the expiration of said three (3) year perioc Grantee shall have no further rights or liability in connection with said temporary construction easeme This document was executed this day of , I! NORMAN G. GALLAGHER, TRUSTEE OF THE NORMAN G. GALLAGHER AND DEBRA L. GALLA( FAMILY TRUST DATED 4/24/81, as to an undivided 50% interest and LAIRD CAMERON and CATHI ANN CAMERON, husband and wife as joint tenants, as to an undivided 50% interest BY: NORMAN G. GALLAGHER, TRUSTEE ~~ LAIRD CAMERON CATHERINE ANN CAMERON (NOTARY JURAT) STATE OF }ss. COUNTY OF 1 1 1 On before me, personally appeared personally known to me (or prov me on the basis of satisfactory evidence) to be the person(s) whose name(s) idare subscribed to the within instrument and acknowledged to that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the persc or the entity upon behalf of which the person(s) acted, executed the I instrument. WITNESS my hand and official seal. Signature: 1 (This area for official notarial seal) (JANMAC, INC., Expropriation Consultants) (carlsbad\POINSETTIA EXT\Easements\071 GAL (5?C4/&(7- k 102 64 1 ICt ’ .1 1 0 e EXHIBIT “A” LEGAL DESCRIPTION GALLAGHER FAMILY TRUST AND CAMERON PR. 3.2.1 01 (SLOPE & TEMPORARY CONSTRUCTION EASEMENTS) THOSE PORTIONS OF THE NORTH HALF OF THE NORTHEAST QUARTER C THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF FRACTION1 SECTION 22, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDIb MERIDIAN AS CONVEYED TO GALLAGHER FAMILY TRUST AND CAMERON PE DEED RECORDED JANUARY 8, 1998 AS DOCUMENT NO. 1998-0009994 ( OFFICIAL RECORDS OF SAN DIEGO COUNTY, IN THE CITY OF CARLSBA COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITE STATES GOVERNMENT SURVEY APPROVED SEPTEMBER 17, 1915, BEIF MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 1 (REFERENCE ONLY POINSETTIA LANE) BEING A 102.00 FOOT WIDE STRIP OF LAND LYING 51 .OO FEET ON EACH Si[ OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE CENTERLINE INTERSECTION OF POINSEITIA LANE Af AVIARA PARKWAY (FORMERLY ALGA ROAD) AS SHOWN ON CITY OF CARLSBl TRACT 90-15, MAP NO. 12972, FILED IN THE OFFICE OF THE COUN‘ RECORDER SEPTEMBER 17, 1992, SAID POINT BEING OCCUPIED BY A STRE SURVEY MONUMENT STAMPED “L.S. 5894” PER RECORD OF SURVEY MAP h 13348, FILED IN THE OFFICE OF THE COUNTY RECORDER AUGUST 8, 19! SAID POINT BEARS NORTH 72’12’46’’ EAST, 593.97 FEET (NORTH 72O47’00” EA: 593.94 FEET PER R OF S 13348) FROM A POINT ON THE CENTERLINE OF SI PAGE 1 OF 5 :DA M:\Legals\l953 Ocean BluftI004Al %doc wo 1953-4 z2719a c./, , 1 ; + i +$ I - :.“.*- J LO3 54 / j 9 / ”, 0 0 POINSETTIA LANE AS SHOWN ON SAID RECORD OF SURVEY MAP NO. 1334 SAID POINT BEING OCCUPIED BY A STREET SURVEY MONUMENT STAMPE “L.S. 5894”; THENCE LEAVING SAID CENTERLINE INTERSECTION ALONG SA CENTERLINE OF POINSETTIA LANE, NORTH 72”12’46” EAST (NORTH 72047’C EAST PER MAP 12972), 185.00 FEET TO THE BEGINNING OF TANGENT CUR\ CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 1400.00 FEET; .THEN( NORTHEASTERLY ALONG SAID CENTERLINE AND THE ARC OF SAID CUR\ THROUGH A CENTRAL ANGLE OF 02”41’01” A DISTANCE OF 65.57 FEf (02”41’12”, 65.65 FEET PER MAP 12972) TO A POINT ON THE SOUTHERLY Lip OF SAID SECTION 22, SAID POINT BEING THE TRUE POINT OF BEGINNIN THENCE NORTHEASTERLY ALONG A CONTINUATION OF SAID CENTERLIP AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 27”50’53”, DISTANCE OF 680.46-FEET; THENCE NORTH 41040’52” EAST, 515.94 FEET 1 THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY, HAVING - RADIUS OF 14oo.00 FEET ; THENCE NORTHEASTERLY AND EASTERLY ALOF THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 50”47”26” DISTANCE OF 1241.05 FEET TO A POINT OF TANGENCY ON THE SOUTHER1 LINE OF PARCEL “B” OF CERTIFICATE OF COMPLIANCE RECORDED MARCH ’ 1997, FILE NO. 1997-01 06631 OF OFFICIAL RECORDS; THENCE ALONG SA SOUTHERLY LINE, SOUTH 8731’42’’ EAST, 134.77 FEET TO THE SOUTHEA: CORNER OF SAID PARCEL “B”, SAID POINT BEING OCCUPIED BY A 3/4 INCH IR( PIPE MARKED “RCE 821 0”. THE SIDELINES OF SAID 102.00 FOOT WIDE STRIP OF LAND TO BE SHORTEN1 OR EXTENDED SO AS TO TERMINATE SOUTHWESTERLY IN THE SOUTHER LINE OF SAID FRACTIONAL SECTION 22 AND NORTHEASTERLY IN TI SOUTHERLY LINE OF PARCEL “B” OF SAID CERTIFICATE OF COMPLIANCE Af EASTERLY IN THE WESTERLY LINE OF BLACK RAIL ROAD PER NOTICE ( PENDING ACTION SUPERIOR COURT CASE NO. NO75924 RECORD1 SEPTEMBER 12, 1997, FILE NO. 1997-0444689 OF OFFICIAL RECORDS. PAGE 2 OF 5 :DA M:\Legals\1953 Ocean Blufl004A13.doc WO 1953-4 2/27/98 loq 04 ’(7 0 0 TOGETHER WITH THAT PORTION OF SAID SECTION 22, LYING BETWEEN Tt SOUTHERLY SIDELINE OF THE HEREINABOVE DESCRIBED PARCEL 1, AND Tt WESTERLY SIDELINE OF SAID BLACK RAIL ROAD AND THE ARC OF A 25.1 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, SAID CURVE BElh TANGENT TO EACH OF THE LAST TWO MENTIONED LINES. PARCEL 2 (SLOPE EASEMENT) BEGINNING AT THE NORTHWEST CORNER OF THE NORTH HALF OF Tt- NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWE: QUARTER OF SAID SECTION 22; THENCE ALONG THE WESTERLY LINE OF TI- NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTE OF THE SOUTHWEST QUARTER OF SAID SECTION 22, SOUTH 02-“12’02” EAS 47.44 FEET TO AN INTERSECTION WITH THE NORTHERLY LINE OF TI HEREINABOVE DESCRIBED PARCEL 1, SAID POINT BEING THE BEGINNING OF NON-TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS ( 1451.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 18’44’13” WES THENCE NORTHEASTERLY ALONG SAID NORTHERLY LINE AND THE ARC C SAID CURVE THROUGH A CENTRAL ANGLE OF 05”58’22” A DISTANCE OF 151.; FEET TO AN INTERSECTION WITH THE SOUTHERLY LINE OF PARCEL “B” C CERTIFICATE OF COMPLIANCE RECORDED MARCH 11, 1997, FILE NO. I99 0106631 OF OFFICIAL RECORDS OF SAID SAN DIEGO COUNTY; THENCE ALON SAID SOUTHERLY LINE, NORTH 87’31’42’’ WEST (RECORD = NORTH 86’57’4 WEST), 147.47 FEET TO THE POINT OF BEGINNING. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.076 ACF MORE OR LESS. PARCEL 3 (SLOPE EASEMENT) COMMENCING AT THE NORTHWEST CORNER OF THE NORTH HALF OF TI- NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWE: PAGE 3 OF 5 :DA M:\Legals\l953 Ocean Bluff\004A13.doc wo 1953-4 zmga &WQ\TA [os of I/? .. 0 0 QUARTER OF SAID FRACTIONAL SECTION 22; THENCE ALONG THE WESTER1 LINE OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEA: QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 22, SOU7 02”12’02” EAST, 154.19 FEET TO THE TRUE POINT OF BEGINNING SAID POIP BEING AN INTERSECTION WITH THE SOUTHERLY LINE OF THE HEREINABO\ DESCRIBED PARCEL I, SAID POINT ALSO BEING THE BEGINNING OF A NO, TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 1349.( FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 20’01’40” WEST; THENC NORTHEASTERLY AND EASTERLY ALONG SAID SOUTHERLY LINE AND TI- ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 22’29’53” A DISTANC OF 529.74 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY LINE, SOU1 87’31’42” EAST, 85.24 FEET TO THE BEGINNING OF A TANGENT CURL CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 25.00 FEET; THENC EASTERLY, SOUTHEASTERLY AND SOUTHERLY ALONG SAID SOUTHERLY LIN AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 85’29’39” DISTANCE OF 37.30 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LIN OF BLACK RAIL ROAD PER NOTICE OF PENDING ACTION SUPERIOR COUF CASE NO. NO75924 RECORDED SEPTEMBER 12, 1997, FILE NO. 1997-0444689 C OFFICIAL RECORDS; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LIN’ SOUTH 02”02’03” EAST, 3.29 FEET; THENCE LEAVING SAID WESTERLY RIGH‘ OF-WAY LINE, NORTH 87”32‘40“ WEST, 192.24 FEET; THENCE SOUTH 80’50’0 WEST, 338.71 FEET; THENCE SOUTH 72’58’16” WEST, 106.51 FEET TO A POlN ON THE WESTERLY LINE OF THE NORTH HALF OF THE NORTHEAST QUARTE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SA1 SECTION 22; THENCE ALONG SAID WESTERLY LINE, NORTH 02”12’02” WES‘ 27.67 FEET TO THE TRUE POINT OF BEGINNING. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.440 ACF MORE OR LESS.. PAGE 4 OF 5 :DA M:\Legals\1953 Ocean 6luffl004Al3.doc WO 1953-4 2/27/98 &kCr9\7 D, 106 .a+ IlV 0 0 PARCEL 4 (TEMPORARY CONSTRUCTION EASEMENT) BEING A 20.00 FOOT WIDE STRIP OF LAND, THE SOUTHERLY LINE BEIP PARALLEL WITH AND 20.00 FEET SOUTHERLY OF THE SOUTHERLY LINE ( THE HEREINABOVE DESCRIBED PARCEL 3. THE SOUTHERLY SIDELINE OF SAID 20.00 FOOT WIDE STRIP OF LAND TO 1 SHORTENED OR EXTENDED SO AS TO TERMINATE WESTERLY IN TI ' WESTERLY LINE OF THE NORTH HALF OF THE NORTHEAST QUARTER OF Tt SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION . AND EASTERLY IN THE WESTERLY RIGHT-OF-WAY LINE OF SAID BLACK W ROAD. - THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.293 ACF MORE OR LESS. --F*+k 3- 3- 75 I JOHN W. HILL, JR. L.S. 5669 HUNSAKER & ASSOCIATES SAN DIEGO, INC. PAGE 5 OF 5 :DA M:\Legals\l953 Ocean BIum004Alf.doc WO 19534 2/27/98 W(k81T4- lo9 5-4 rrti 20s -12096 "" -" FRA CTI 0~\1A!, -" - -.- - A , INDICATES 'STREET 'SURVEY MONUMENT 'STAMPED Z.S. 5894" PER R OF S 13348. INDICATES 3J4" IRON PIPE MARKED "RCE 82 10 PER R OF S 12096 ( . > INDICATES RECORD DATA PER MAP 12972 [ ] INDICATES RECORD DATA PER R OF S 13348 [ 1 INDICA TES RECORD DATA PER R 'Of S 4773 (( )> INDICATES RECORD DATA PER CERTIFICATE OF COMPLIANCE REG. 3/11/97, 1997-0106631 O.R. NO SCALE LEGA DESC'.mON PORTION OF FRACTIONAL. SEC. 22, TtZS, R4W. S.E.M.. THE NORTHERLY LINE OF FR4CTIOML SECTION 22, T12.5, WHC um9HnnlvmSr%nm R4W, S.B. M., PER MAP NO. 13429, LE. N 8937'43-E. DlONWWC hDitg~,Crsml : . SURMYINC ! Fli(Sl9)S~uM * oC(6l9WeUU' ' ' 001XCI ISWC SHEET 1 OF 2 . DEDlCATlON..PLAT-, - CITY OF CARLSBAD 'PLICANT: A.P.N.: PROJECT: PREPARED BY: CATELLUS RESIDENTIAL GROUP 9y.- lu" p 3- 3-sf SUITE 400 IRVINE, CA 92714 SLOPE & TEMPORARY mE.E.Ts 5 PARK PLAZA JOHN W. HILL, JR. LS. 5669 (7 14') -25 1-6 100 EXPIRES: 9/30/99 EXHIBIT "B '' PR. 3.2. IO 1 CONSTRUC77ON 215-070-10 I!54(41TA LO@ owf I I' ~~ ., 'I * I "c- 0 0 ~~ ~~- 11 A) flF 5 yTog5 s1 y LINE PARCEL "E' CERVRCATE OF COM~LRNC- REcoRDED 3/71/9z FILE NO. 1997-0106637 0.~. - ~-"" "- I LEGEND Kl INDICATES SLOPE EASEMENT I rl INDICATES TEMPORARY 100 CONSTRUCTION GSEMENT 0 1-00 200 300 ... NOTE: ' SCALE 1" = 100' HUNSAKER DATA SHOWN HEREON IS BASED ON THE FOLLOWING RECORD OF SURVEY MAPS: 584, 4772, 4773, 5715, 6r AssocIA~s 6269. 10774, 12096, 13762 AND 14630. RECORD OF SAN DIEGO INC SURVEY MAP NO. 14.608 SHOWS ALTERNATE LOC4 TIONS PUNNING lW9 Hsndraa Sr Site Mo FOR PROPERTY LINES. SHOWN HEREON. NO ENONWINC ~Dieg0;Cam REPRESENTATION IS MADE HEREON AS TO THE LOCATION ulRvMNc PH(b19)55S)MO*M619m*u OF PROPERTY OR OWNERSHIP LINES. WlUCltDWt SHEET: DEDlCAnON PMT - CIN OF CARfSBAD APPLICANT: A.P.N.: PROJECT: PREPARED BY: CATELLUS RESIDENTIAL GROUP IRVINE, CA 92714 SUI TE 400 EXHIBI'I PR. 3.2. IO 1 EXPIRES: 9/30/99 (714) 251-6100 5 PAW< PLAZA CONSfRUCTION $. b4 g 3-3-78 SLOPE & TEMPORARY BISEMENS 2 15-070- JOHN W. HILL, JR. LS. 5669 ._ WmT A Io9 of llLf - a a RECORDING REQUESTED BP AND WHEN RECORDED, PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, California 92008 MAIL TAX STATEMENTS TO: EXEMPT I ~~ The undersigned grantor(s) declare(s): Documentary transfer tax is $o.oO ( ) computed on full value of property conveyed, or ( )computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: ( x ) City of Carlsbad, and Assessor’s Parcel No.: APN 215-070-04 DOCUMENT NO.: 081GALL - Space above this line for Recorder’s Use - NO RECORDING FEE REQL THIS DOCUMENT EXEMPT PURSUANT TO SECTION 27 CALIFORNIA GOVERNMEN- Project: Poinsettia Lane Extension Location: Poinsettia Lane & Aviara Parkwa) Reference: RW1081GALL SLOPE AND TEMPORARY CONSTRUCTION EASEMENTS FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, JOSEPH A. RUDVALIS and BARBARA G. RUDVALIS AS TRUSTEE OF THE JOSEP BARBARA RUDVALIS FAMILY TRUST UDT 6/7/89 hereby GRANTS to the CITY OF CARLSBAD, a Municipal Corporation, an easement for the construction and maintenance of a slope and incidents thereto, upon, over and a( that certain real property hereinafter described, together with; an easement for temporary construction purposes and incidents thereto, upon, over, and across that c real property hereinafter described. The real property referred to hereinabove and made subject to said slope easement is situated in the t Carlsbad, County of San Diego, State of California, and is more particularly described in the attached E “A’ as Parcel 1 and as shown on the attached Exhibit “B” as Parcel 1. The real property referred to hereinabove and made subject to said temporary construction easement 1 situated in the City of Carlsbad, County of San Diego, State of California, and is more particularly desc the attached Exhibit “A as Parcel 2 and as shown on the attached Exhibit “B” as Parcel 2. (JANMAC, INC., Expropriation Consultants) (carlsbad\POINSETTIA EXT\Easements\081RUDV) E%uslIBrr A 1 10 of (P-/ # .^ e 0 It is understood and agreed that the Grantor(s) of the temporary construction easement shall not be I for any damage to equipment or injury to personnel of said Grantee, its agents or employees, in the I ance of the work done within the temporary construction easement. The temporary construction eas shall remain in force for a period of three (3) year from the date this document has been recorded in of the County Recorder of San Diego County. Upon the expiration of said three (3) year period, the I shall have no further rights or liability in connection with said temporary construction easement. This document was executed this day of , 1: JOSEPH A. RUDVALIS and BARBARA G. RUDVALIS AS TRUSTEE OF THE JOSEPH and BARBAI RUDVALIS FAMILY TRUST UDT 6/7/89 BY: JOSEPH A. RUDVALIS, TRUSTEE BY: BARBARA G. RUDVALIS, TRUSTEE (NOTARY JURAT) STATE OF JSS. COUNTY OF 1 } 1 On before me, personally appeared personally known to me (or prove me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to I that helshelthey executed the same in hislherltheir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the persoc or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature: (This area for oficjal notarial sea/) (JANMAC, INC., Expropriation Consultants) (carlsbad\POINSETTIA EXT\Easements\OBIRUDV) EkPi-iSi? A [[I sc {[V .. * 0 0 EXHIBIT 'LA" LEGAL DESCRIPTION RUDVALIS FAMILY TRUST PR. 3.2.1 (IO THOSE PORTIONS OF THE NORTH HALF OF THE SOUTHWEST QUARTER C THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF FRACTION, SECTION 22, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDIh MERIDIAN, AS DESCRIBED IN QUITCLAIM DEED RECORDED JUNE 27, 1989 / FILE NO. 89-337985 OF OFFICIAL RECORDS OF SAN DIEGO COUNlY, IN Tt CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNI - ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED, BEII\ MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 1 (SLOPE EASEMENT) BEGlNNlNG AT THE NORTHWEST CORNER OF THE NORTH HALF OF Tf- SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWE: QUARTER OF SAID SECTION 22; THENCE ALONG THE NORTHERLY LIb THEREOF, SOUTH 87'31'12" EAST, 39.05 FEET; THENCE LEAVING SA1 NORTHERLY LINE, SOUTH 44"57'59" WEST, 52.90 FEET TO A POINT ON TH WESTERLY LINE OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF TH SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 2' THENCE ALONG SAID WESTERLY LINE, NORTH 02'23'14" WEST, 39.15 FEET T THE POINT OF BEGINNING. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.017 ACR MORE OR LESS. PAGE 1 OF 2 :DA M:\Legals\l953 Ocean BiufR004A14.doc WO 1953-4 3/4/98 bWir4 Ill. h%L If& .. . - 0 0 PARCEL 2 (TEMPORARY CONSTRUCTION EASEMENT) BEING A 20.00 FOOT WIDE STRIP OF LAND, THE SOUTHEASTERLY LINE BEll PARALLEL WITH AND 20.00 FEET SOUTHEASTERLY OF THE SOUTHEASTER LINE OF THE HEREINABOVE DESCRIBED PARCEL 1. THE SOUTHEASTERLY SIDELINE OF SAID 20.00 FOOT WIDE STRIP OF LAND - BE SHORTENED OR EXTENDED SO AS TO TERMINATE SOUTHWESTERLY THE WESTERLY LINE OF THE NORTH HALF OF THE SOUTHWEST QUARTER ( THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTI( 22 AND NORTHEASTERLY IN THE .NORTHERLY LINE OF THE NORTH HALF ( THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF TI SOUTHWEST QUARTER OF SAID SECTION 22. - THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.033 ACf MORE OR LESS. uy4& 3-5” 7z 6 JOHN W. HILL, JR. L.S. 5669 HUNSAKER & ASSOCIATES SAN DIEGO, INC. PAGE 2 OF 2 :DA M:\Legais\1953 Ocean Blum004A14.doc wo 1953-4 3/4/98 EK141(31T A //? .IC /IU I ""- ""- EXIST. 7' SAN DIEGO GAS & ELECTRIC CO. C4SEMENT RECORDED 5/16/7972, GE NO. 123323 OF O.R. --- --"""" I"" --"""- - RUDVALIS FAMIL y TRUST APN 2 75-070-04 /i + +SS? \ \ \ \ \ \ \ \ ?&&pd q o c*c 1 SG sp. .'J. \ s %&y- %& c"c s \ 3-/s 0 09 \ \ or Q3y$-& LEGEND\, 0, + 2- 1 I~JI/~, s)Vf/d, 3c I-> y- ]/d, 5 fl/j/d \ SZCTJai\l 2Zj TI'S, AldB/j a,DJlu, I-: r) 'I\< I EXIST. 150' SAN DIEGO GI8 & ELECTRIC CO. &48EUENT RECORDED 2/28/1957 IN BK. 6475, PG. 552 OF O.R. .. i i \\\ 7" \ --"""" 1 \ i fi\\\y INDI&s SLOPE DSEMENT TI INDICA TES TEMPORARY 100 0 100 200 3 CONSTRUCTION EASEMENT NOTE SCALE 1 " = 100 ' HUNSAKER DATA SHOWN HEREON IS BASED ON THE FOLLOWING RECORD OF SURVEY MAPS: 584, 4 772, 4 773, 57 15, ' : 6r ASSQCIATES 6269, 10774, 12096, 13762 AND 14630. RECORD OF SURVEY MAP NO. 14608 SUO WS Ai TERNATE LOCATIONS IAN OlEGQ INC PLINNWC Xms Huemckm SLWe XM FOR PROPERTY LINES SHOWN HEREON. NO MNEWPH; bnDiegoGSnn REPRESENTATION IS MADE HEREON AS TO THE LOCATION UtllMYplC R1(619)55&(5M). oc(bi9)55sUU W13LHIZJDM; OF PROPERTY OR OWNERSHIP LINES. SHEET DEDlCAnON PLAT - Cl7Y OF CARLSRAD APPLICANT: A.F.N.: PROJECT: PREPARED BY: CATELLUS RESIDENTIAL GROUP '39- Wf.2 p 7-5-98 SUITE 400 IRVINE. CA 92714 SLOPE & EMPOMY EXHfBI PR. 3.2.100 (714) 251-6100 EXPIRES: 9/30/99 MEMEMS JOHN W. HILL JR. LS. 5669 5 PARK PLAZA c0Ns7Ruc770N 2 15-07 / i=r:,,-b.. "' AQ+?L )/y 0" Ir rf .,