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Home My WebLink About2009-02-17; City Council; Resolution 2009-038RECORDING REQUESTED BY: Carlsbad City Clerk's Office WHEN RECORDED MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 DQCtf 2009-0098720 FEB27, 2009 10:55 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE DAVID L BUTLER. COUNTY RECORDER FEES. 0.00 PAGES:12 SPACE ABOVE THIS LINE FOR RECORDER'S USE City of Carlsbad RESOLUTION 2009-038, SUMMARILY VACATING PORTIONS OF THE GENERAL UTILITY AND ACCESS EASEMENT OVER LOT 4 AND LOT 5 OF BRESSI RANCH COMMERCIAL, CT 06-24, PR 08-49 _ ' 1 RESOLUTION NO. 2009-038 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, CALIFORNIA, TO SUMMARILY VACATE PORTIONS OF THE GENERAL UTILITY AND ACCESS EASEMENT OVER LOT 4 4 AND LOT 5 OF BRESSI RANCH COMMERCIAL. CT 06-24. PR 08-49. 5 WHEREAS, Jeff Williams, Director of Development for LNR CPI Bressi Retail, LLC, has 6 submitted a request to vacate portions of the general utility and access easement over Lot 4 and Lot 5 of Bressi Ranch Commercial, Carlsbad Tract 06-24, in the City of Carlsbad, County of San 8 Diego, State of California, according to map thereof No. 15689, filed in the Office of the County 9 Recorder of San Diego County, May 9, 2008; and 10 WHEREAS, the offer of dedication is defined as a "public service easement" per Section 8306 of the California Streets and Highways Code; and WHEREAS, the easement to be vacated is excess public service easement not required 12 for public utility or access purposes; and 13 WHEREAS, this vacation is made pursuant to Section 8335 of the California Streets and 14 Highways Code; and 15 WHEREAS, the vacation is consistent with the General Plan of the City of Carlsbad; and 16 WHEREAS, the City Council of the City of Carlsbad has determined it to be in the public 17 interest to vacate said easement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 18 California, as follows: 19 1. That the above recitations are true and correct. nr\ 2. That pursuant to Division 9, Part 3, Chapter 4 of the California Streets and 21 Highway Code, said excess public service easement shown as portions of the general utility and 22 access easement across Lot 4 and Lot 5 of Bressi Ranch Commercial, CT 06-24 more particularly 23 described in Exhibit A and shown for the sake of clarity in Exhibit B, shall be summarily vacated. 3. The City Clerk is directed to record this resolution, the attached legal description and plat in the Office of the County Recorder of San Diego County. 25 4. That upon recordation of this resolution at the County Recorders Office, the portions of this easement no longer constitutes a public service easement. 27 /// 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 17th day of February, 2009, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard and Blackburn. NOES: None. ABSENT: None. CLAUDE A LEWIS, Mayor ATTEST: LORfeAINE IVT WOOD, City (SEAL) EXHIBIT "A" LEGAL DESCRIPTION GENERAL UTILITY AND ACCESS EASEMENT VACATED PR 08-49 BEING A PORTION OF A GENERAL UTILITY AND ACCESS EASEMENT GRANTED PER CARLSBAD TRACT CT 06-24, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 15689, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, RECORDED MAY 9, 2008, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL A: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 4; THENCE ALONG THE EASTERLY LINE OF SAID LOT 4 NORTH 03°07'06" WEST 119.72 FEET; THENCE LEAVING SAID EASTERLY LINE NORTH 86°52'54" EAST 15.00 FEET TO AN ANGLE POINT ON THE EASTERLY LINE OF SAID GENERAL UTILITY AND ACCESS EASEMENT AND BEING THE TRUE POINT OF BEGINNING; THENCE NORTH 03007'06" WEST 10.00 FEET TO AN ANGLE POINT ON SAID GENERAL UTILITY AND ACCESS EASEMENT; THENCE ALONG SAID GENERAL UTILITY AND ACCESS EASEMENT THE FOLLOWING COURSES NORTH 86°52'54" EAST 22.77 FEET; THENCE SOUTH 03°07'06" EAST 10.00 FEET; THENCE SOUTH 86°52'54" WEST 22.77 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 0.005 ACRES, MORE OR LESS. PARCEL B: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 4; THENCE ALONG THE EASTERLY LINE OF SAID LOT 4 NORTH 03°07'06" WEST 125.26 FEET; THENCE LEAVING SAID EASTERLY LINE SOUTH 86°52J54" WEST 15.00 FEET TO AN ANGLE POINT ON THE WESTERLY LINE OF SAID GENERAL UTILITY AND ACCESS EASEMENT AND BEING THE TRUE POINT OF BEGINNING; THENCE ALONG SAID GENERAL UTILITY AND ACCESS EASEMENT THE FOL- LOWING COURSES SOUTH 86°52'54" WEST 12.12 FEET; THENCE NORTH 03°07'06" WEST 10.00 FEET; THENCE NORTH 86°52'54" EAST 12.12 FEET; THENCE LEAVING SAID EASEMENT SOUTH 03°07'06" EAST 10.00 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 0.003 ACRES, MORE OR LESS. PARCEL C: COMMENCING AT THE SOUTHEAST CORNER OF LOT 3 OF SAID MAP NO. 15689; THENCE SOUTH'08024'57" EAST 71.72 FEET TO AN ANGLE POINT ON THE SOUTHERLY LINE OF SAID GENERAL UTILITY AND ACCESS EASEMENT AND BEING THE TRUE POINT OF BEGINNING; THENCE NORTH 86°52'54" EAST 10.00 FEET TO AN ANGLE POINT ON SAID GENERAL UTILITY AND ACCESS EASEMENT; THENCE ALONG SAID GENERAL UTILITY AND ACCESS EASE- MENT THE FOLLOWING COURSES SOUTH 03°07'06" EAST 16.76 FEET; THENCE SOUTH 86°52'54" WEST 10.00 FEET; THENCE NORTH 03°07'06" WEST 16.76 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 0.004 ACRES, MORE OR LESS. PARCEL D: COMMENCING AT THE SOUTHEAST CORNER OF LOT 3 OF SAID MAP NO. 15689; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 3 SOUTH 86°52'54" WEST 93.64 FEET; THENCE LEAVING SAID SOUTHERLY LINE SOUTH 03°07'06" EAST 71.42 FEET TO AN ANGLE POINT ON THE SOUTHERLY LINE OF SAID GENERAL UTILITY AND ACCESS EASEMENT AND BEING THE TRUE POINT OF BEGINNING; THENCE ALONG SAID GENERAL UTILITY AND ACCESS EASE- MENT THE FOLLOWING COURSES SOUTH 03°07'06" EAST 16.76 FEET; THENCE SOUTH 86°52'54" WEST 10.00 FEET; THENCE NORTH 03°07'06" WEST 16.76 FEET; THENCE LEAVING SAID EASEMENT NORTH 86°52'54" EAST 10.00 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 0.004 ACRES, MORE OR LESS. PARCEL E: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 5; THENCE ALONG THE EASTERLY LINE OF SAID LOT 5 SOUTH 03°07'06" EAST 48.58 FEET; THENCE LEAVING SAID EASTERLY LINE SOUTH 86°52'54" WEST 15.09 FEET TO AN ANGLE POINT ON THE WESTERLY LINE OF SAID GENERAL UTILITY AND ACCESS EASEMENT AND BEING THE TRUE POINT OF BEGINNING; THENCE SOUTH 03°07'06" EAST 10.00 FEET TO AN ANGLE POINT ON SAID GENERAL UTILITY AND ACCESS EASEMENT; THENCE ALONG SAID EASE- MENT THE FOLLOWING COURSES SOUTH 86°52'54" WEST 7.76 FEET; THENCE NORTH 03°07'06" WEST 10.00 FEET; THENCE NORTH 86°52'54" EAST 7.76 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 0.002 ACRES, MORE OR LESS. PARCEL F: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 5; THENCE ALONG THE NORTHERLY LINE OF SAID LOT 5 NORTH 86°52'54" EAST 72.25 FEET; THENCE LEAVING SAID SOUTHERLY LINE SOUTH 03°36'58" EAST 86.38 FEET TO AN ANGLE POINT ON THE NORTHERLY LINE OF SAID GENERAL UTILITY AND ACCESS EASEMENT AND BEING THE TRUE POINT OF BEGINNING; THENCE ALONG SAID EASEMENT SOUTH 03°07'06" EAST 6.00 FEET; THENCE LEAVING SAID EASEMENT SOUTH 86°52'54" WEST 7.50 FEET TO AN ANGLE POINT ON SAID EASEMENT; THENCE ALONG SAID EASEMENT THE FOLLOW- ING COURSES NORTH 03°07'06" WEST 6.00 FEET; THENCE NORTH 86°52'54" EAST 7.50 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 0.001 ACRES, MORE OR LESS. DATE: GARYL HUS2FLS7019 (MY LICENSE EXPIRES 06-30-10) EXHIBIT LEGAL DESCRIPTION: LOTS 4 AND 5 OF CARLSBAD TRACT CT 06-24, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 15689, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 9, 2008. BASIS OF BEARINGS: THE BASIS OF BEARINGS FOR THIS PLAT IS THE EASTERLY LINE OF LOT 4 AS SHOWN ON CARLSBAD TRACT CT 06-24, MAP NO. 15689, I.E. N03V7'06*W LEGEND: INDICATES EXISTING GENERAL UTILITY AND ACCESS EASEMENT GRANTED PER MAP NO. 15689 INDICATES POINT OF COMMENCEMENT INDICATES TRUE POINT OF BEGINNING INDICATES PORTION OF GENERAL UTILITY AND ACCESS EASEMENT VACATED VICINITY MAP NO SCALE SITE GATEWAY ROAD EL FUERTE STREET RANCH ENGINEER OF WORK: PROJECT DESIGN CONSULTANTS 701 B STREET SUITE 800 SAN DIEGO, CALIFORNIA 92101 PHONE: (69) 235-6471 GARY L HUS, &.S 7019 REGISTRATION EXPIRES 9/30/2010 DATE: GENERAL UTILITY AND ACCESS EASEMENT VACATED- CITY OF CARLSBAD SHEET 1 OF 5 APPLICANT: LNR CPI BRESSI RETAIL, LLC 4275 EXECUTIVE SQ. #210 LA JOLLA, CA. 92037 PROJECT DESIGN CONSULTANTS Planning I Landscape Architecture I Engineering I Survey 701 B Street, Suite 800 619.235.6471 Tel San Diego, CA 92101 619.234.0349 Fax A.P.N. 213-191-12, 13 CT 06-24 PR 08-49 P:\3219\MAPPING\PLATS\3219 GUE VACATION.dwg Dec 11. 2008 EXHIBIT 'B' N86'52'54"E 12.12\S03'07'06"E 10.00' N03'07'06°W 10.00' N03V7'06"W 10.00'S03'07'06"E 10.00' S86f52'54"W 12.12' CARLSBAD TRACT CT 08-24 BRESSI RANCH COMMERCIAL MAP 15889 N86'52'27"E 99.97^ N86'52'27"E PARCEL B OF CERTIFICATE OF COMPLJANCI F1EC, 8-24-07 DOC, NO, 2007-0583781 GENERAL UTILITY AND ACCESS EASEMENT VACATED- CITY OF CARLSBAD SHEET 2 OF 5 APPLICANT: LNR CPI BRESSI RETAIL, LLC 4275 EXECUTIVE SO. /2W LA JOLLA, CA. 92037 PROJECT DESIGN CONSULTANTS Planning I Landscape Architecture I Engineering I Survey 701 B Street, Suite 800 619.235.6471 Tel San Diego, CA 92101 619.234.0349 Fax A.P.N. 213-191-12, 13 CT 06-24 PR 08-49 P:\3219\MAPPING\PLATS\3219 CUE VACATiON.dwg Dec 11, 2008 P.O.C. SQUTHEAST_CORNER_LOT_3 PARCELS C &D a CARLSBAD TRACT CT 08-24 3Fi£SSJ RANCH COMMERCIAL MAP 15889 N86'52'54"E 10.00'' LOT 4 GENERAL UTILITY AND ACCESS EASEMENT GRANTED PER MAP NO. 15689 N86'52'54"E 10.00' N86'52'54"E 100261 S03V7'06"E 16.76' N03-07'06"W 16.76' S86'52'54"W 10.00' S86'52'54"W 10.00' GENERAL UTILITY AND ACCESS EASEMENT VACATED- OF CARLSBAD SHEET 3 OF 5 APPLICANT: LNR CPI BRESSI RETAIL, LLC 4275 EXECUTIVE SO. /210 LA JOLLA, CA. 92037 PROJECT DESIGN CONSULTANTS Planning I Landscape Architecture I Engineering I Survey 701 B Street, Suite 800 619.235.6471 Tel San Diego, CA 92101 619.234.0349 Fax A.P.N. 213-191-12, 13 CT 06-24 PR 08-49 P:\3219\MAPPING\PLATS\3219 CUE VACAWN.dwg Dec 11, 2008 EXHIBIT 'B' LOT 7 N86'52'54"E GENERAL UTILITY AND ACCESS EASEMENT GRANTED PER MAP NO. 15689 (TIE LINE) S86'52'54"W 15.09' ,OT 5 S86'52'54"W 7.75'- >SOJ'07'06"f 10.00' CARLSBAD TRACT CT 08-24 3FI£SSJ RANCH COMMERCIAL MAP 15889 §8 GENERAL UTILITY AND ACCESS EASEMENT VACATED- QTY OF CARLSBAD !ii o SHEET 4 OF 5 APPLICANT: LNR CPI BRESSI RETAIL, LLC 4275 EXECUTIVE SO. #210 LA JOLLA, CA. 92037 PROJECT DESIGN CONSULTANTS Planning I Landscape Architecture I Engineering I Sutvoy 701 B Street, Suite 800 619.235.6471 Tel San Diego, CA 92101 619.234.0349 Fax A.P.N. 213-191-12, 13 CT 06-24 PR 08-49 P:\3219\MAPPING\PLATS\3219 GUE VACATION.dwg Dec 11, 2008 EXHIBIT 'B' P.O.C.NORTHWEST CORNER LOT 5 CARLSBAD TRACT CT 08-24 BRESSJ RANCH COMMERCIAL MAP 15689 N86'5254"E 7.50' N86'52'54"E 50.50 S86'52'54"W 7.50' GENERAL UTILITY AND ACCESS EASEMENT GRANTED PER MAP NO. 15689 GENERAL UTILITY AND ACCESS EASEMENT VACATED- CITY OF CARLSBAD SHEET 5 OF 5 APPLICANT: LNR CPI BRESSI RETAIL, LLC 4275 EXECUTIVE SO. /210 LA JOLLA, CA. 92037 PROJECT DESIGN CONSULTANTS Planning I Landscape Architecture I Engineering I Survey 701 B Street, Suite 800 619.235.6471 Tel San Diego, CA 92101 619.234.0349 Fax A.P.N. 213-191-12, 13 CT 06-24 PR 08-49 P:\3219\MAPPING\PLATS\3219 GUE VACATION.dwg Dec 11, 2008 STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. I, Sherry Freisinger, Deputy Clerk of the City of Carlsbad, County of San Diego, State of California, hereby certify that I have compared the foregoing copy with the original RESOLUTION NO. 2009-038. SUMMARILY VACATING PORTIONS OF THE GENERAL UTILITY AND ACCESS EASEMENT OVER LOT 4 AND LOT 5 OF BRESSI RANCH COMMERCIAL. CT 06-24. PR 08-49. with the original now on file in the Office of the City Clerk of the City of Carlsbad; that the same contains a full, true and correct transcript therefrom and of the whole thereof. Witness my hand and the seal of said City of Carlsbad, this 24th day of February, 2009. )EPUWCLERK (SEAL) 1 RESOLUTION NO. 2009-038 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, CALIFORNIA, TO SUMMARILY VACATE PORTIONS OF THE GENERAL UTILITY AND ACCESS EASEMENT OVER LOT 4 4 AND LOT 5 OF BRESSI RANCH COMMERCIAL, CT 06-24, PR 08-49. 5 WHEREAS, Jeff Williams, Director of Development for LNR CPI Bressi Retail, LLC, has 6 submitted a request to vacate portions of the general utility and access easement over Lot 4 and Lot 5 of Bressi Ranch Commercial, Carlsbad Tract 06-24, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 15689, filed in the Office of the County 9 Recorder of San Diego County, May 9, 2008; and 10 WHEREAS, the offer of dedication is defined as a "public service easement" per Section 8306 of the California Streets and Highways Code; and WHEREAS, the easement to be vacated is excess public service easement not required 12 for public utility or access purposes; and 13 WHEREAS, this vacation is made pursuant to Section 8335 of the California Streets and Highways Code; and 15 WHEREAS, the vacation is consistent with the General Plan of the City of Carlsbad; and 16 WHEREAS, the City Council of the City of Carlsbad has determined it to be in the public . 7 interest to vacate said easement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 18 California, as follows: 19 1. That the above recitations are true and correct. 90u 2. That pursuant to Division 9, Part 3, Chapter 4 of the California Streets and 21 Highway Code, said excess public service easement shown as portions of the general utility and 22 access easement across Lot 4 and Lot 5 of Bressi Ranch Commercial, CT 06-24 more particularly 23 described in Exhibit A and shown for the sake of clarity in Exhibit B, shall be summarily vacated. 3. The City Clerk is directed to record this resolution, the attached legal description and plat in the Office of the County Recorder of San Diego County. 25 4. That upon recordation of this resolution at the County Recorders Office, the portions of this easement no longer constitutes a public service easement. 27 /// 28 -2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 17th day of February, 2009, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard and Blackburn. NOES: None. ABSENT: None. CLAUDE A LE ATTEST: I\S, Mayor LORRAINE M. WOOD, City Clerk (SEAL) 43 K'K) EXHIBIT "A" LEGAL DESCRIPTION GENERAL UTILITY AND ACCESS EASEMENT VACATED PR 08-49 BEING A PORTION OF A GENERAL UTILITY AND ACCESS EASEMENT GRANTED PER CARLSBAD TRACT CT 06-24, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 15689, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, RECORDED MAY 9, 2008, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL A: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 4; THENCE ALONG THE EASTERLY LINE OF SAID LOT 4 NORTH 03°07'06" WEST 119.72 FEET; THENCE LEAVING SAID EASTERLY LINE NORTH 86°52'54" EAST 15.00 FEET TO AN ANGLE POINT ON THE EASTERLY LINE OF SAID GENERAL UTILITY AND ACCESS EASEMENT AND BEING THE TRUE POINT OF BEGINNING; THENCE NORTH 03°07'06" WEST 10.00 FEET TO AN ANGLE POINT ON SAID GENERAL UTILITY AND ACCESS EASEMENT; THENCE ALONG SAID GENERAL UTILITY AND ACCESS EASEMENT THE FOLLOWING COURSES NORTH 86°52'54" EAST 22.77 FEET; THENCE SOUTH 03°07'06" EAST 10.00 FEET; THENCE SOUTH 86°52'54" WEST 22.77 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 0.005 ACRES, MORE OR LESS. PARCEL B: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 4; THENCE ALONG THE EASTERLY LINE OF SAID LOT 4 NORTH 03°07'06" WEST 125.26 FEET; THENCE LEAVING SAID EASTERLY LINE SOUTH 86°52'54" WEST 15.00 FEET TO AN ANGLE POINT ON THE WESTERLY LINE OF SAID GENERAL UTILITY AND ACCESS EASEMENT AND BEING THE TRUE POINT OF BEGINNING; THENCE ALONG SAID GENERAL UTILITY AND ACCESS EASEMENT THE FOL- LOWING COURSES SOUTH 86°52'54" WEST 12.12 FEET; THENCE NORTH 03°07'06" WEST 10.00 FEET; THENCE NORTH 86°52)54" EAST 12.12 FEET; THENCE LEAVING SAID EASEMENT SOUTH 03°07'06" EAST 10.00 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 0.003 ACRES, MORE OR LESS. 321 9\MAPPING\LEGALS\GUEVACATION.doc 07/08/2005 PAGE 1 OF 3 PARCEL C: COMMENCING AT THE SOUTHEAST CORNER OF LOT 3 OF SAID MAP NO. 15689; THENCE SOUTH 08°24'57" EAST 71.72 FEET TO AN ANGLE POINT ON THE SOUTHERLY LINE OF SAID GENERAL UTILITY AND ACCESS EASEMENT AND BEING THE TRUE POINT OF BEGINNING; THENCE NORTH 86°52'54" EAST 10.00 FEET TO AN ANGLE POINT ON SAID GENERAL UTILITY AND ACCESS EASEMENT; THENCE ALONG SAID GENERAL UTILITY AND ACCESS EASE- MENT THE FOLLOWING COURSES SOUTH 03°07'06" EAST 16.76 FEET; THENCE SOUTH 86°52'54" WEST 10.00 FEET; THENCE NORTH 03°07'06" WEST 16.76 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 0.004 ACRES, MORE OR LESS. PARCEL D: COMMENCING AT THE SOUTHEAST CORNER OF LOT 3 OF SAID MAP NO. 15689; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 3 SOUTH 86°52'54" WEST 93.64 FEET; THENCE LEAVING SAID SOUTHERLY LINE SOUTH 03°07'06" EAST 71.42 FEET TO AN ANGLE POINT ON THE SOUTHERLY LINE OF SAID GENERAL UTILITY AND ACCESS EASEMENT AND BEING THE TRUE POINT OF BEGINNING; THENCE ALONG SAID GENERAL UTILITY AND ACCESS EASE- MENT THE FOLLOWING COURSES SOUTH 03°07'06" EAST 16.76 FEET; THENCE SOUTH 86°52'54n WEST 10.00 FEET; THENCE NORTH 03°07'06" WEST 16.76 FEET; THENCE LEAVING SAID EASEMENT NORTH 86°52'54" EAST 10.00 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 0.004 ACRES, MORE OR LESS. PARCEL E: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 5; THENCE ALONG THE EASTERLY LINE OF SAID LOT 5 SOUTH 03°07'06" EAST 48.58 FEET; THENCE LEAVING SAID EASTERLY LINE SOUTH 86°52'54" WEST 15.09 FEET TO AN ANGLE POINT ON THE WESTERLY LINE OF SAID GENERAL UTILITY AND ACCESS EASEMENT AND BEING THE TRUE POINT OF BEGINNING; THENCE SOUTH 03°07'06" EAST 10.00 FEET TO AN ANGLE POINT ON SAID GENERAL UTILITY AND ACCESS EASEMENT; THENCE ALONG SAID EASE- MENT THE FOLLOWING COURSES SOUTH 86°52'54" WEST 7.76 FEET; THENCE NORTH 03°07'06" WEST 10.00 FEET; THENCE NORTH 86°52'54" EAST 7.76 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 0.002 ACRES, MORE OR LESS. 321 9\MAPPING\LEGALS\GUEVACATION.doc 07/08/2005 PAGE 2 OF 3 PARCEL F: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 5; THENCE ALONG THE NORTHERLY LINE OF SAID LOT 5 NORTH 86°52'54" EAST 72.25 FEET; THENCE LEAVING SAID SOUTHERLY LINE SOUTH 03°36'58" EAST 86.38 FEET TO AN ANGLE POINT ON THE NORTHERLY LINE OF SAID GENERAL UTILITY AND ACCESS EASEMENT AND BEING THE TRUE POINT OF BEGINNING; THENCE ALONG SAID EASEMENT SOUTH 03°07'06" EAST 6.00 FEET; THENCE LEAVING SAID EASEMENT SOUTH 86°52'54" WEST 7.50 FEET TO AN ANGLE POINT ON SAID EASEMENT; THENCE ALONG SAID EASEMENT THE FOLLOW- ING COURSES NORTH 03°07'06" WEST 6.00 FEET; THENCE NORTH 86°52'54" EAST 7.50 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 0.001 ACRES, MORE OR LESS. DATE: GARYL HU§^fLS7019 (MY LICENSE EXPIRES 06-30-10) 3219\MAPPING\LEGALS\GUE VACATION.doc 07/08/2005 PAGE 3 OF 3 1 EXHIBIT 'B' LEGAL DESCRIPTION: LOTS 4 AND 5 OF CARLSBAD TRACT CT 06-24, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 15689, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 9, 2008. BASIS OF BEARINGS: THE BASIS OF BEARINGS FOR THIS PLAT IS THE EASTERLY LINE OF LOT 4 AS SHOWN ON CARLSBAD TRACT CT 06-24, MAP NO. 15689, /.£ N03V7'06*W LEGEND: INDICATES EXISTING GENERAL UTILITY AND ACCESS EASEMENT GRANTED PER MAP NO. 15689 INDICATES POINT OF COMMENCEMENT INDICATES TRUE POINT OF BEGINNING INDICATES PORTION OF GENERAL UTILITY AND ACCESS EASEMENT VACATED VICINITY MAP NO SCALE SITE GATEWAY ROAD EL FUERTE STREET RANCH WAY ENGINEER OF WORK: PROJECT DESIGN CONSULTANTS 701 B STREET SUITE 800 SAN DIEGO, CALIFORNIA 92101 PHONE: (619) 235-6471 GARY L HUS, &.S 7019 REGISTRATION EXPIRES 9/30/2010 DATE: GENERAL UTILITY AND ACCESS EASEMENT VACAJED- QTY OF CARLSBAD SHEET1 OF 5 APPLICANT: LNR CPI BRESSI RETAIL, LLC 4275 EXECUTIVE SQ. #210 LA JOLLA, CA. 92037 PROJECT DESIGN CONSULTANTS Planning I Landscape Architecture I Engineering I Survey 701 B Street, Suite 800 619.235.6471 Tel San Diego, CA 92101 619.234.0349 Fax A.P.N. 213-191-12, 13 CT 06-24 PR 08-49 P:\3219\MAPPING\PLATS\3219 GUE VACAWN.dwg Dec 11, 2008 EXHIBIT 'B' N86'52'54"E S03'07'06HE | N03'07'06"W J> 70.00' \ ( N86-52'54 N03'07'06"W 10.00' S86'52'54"W 12.12' S03'07'06"E 10.00' CARLSBAD TRACT CT 08-24 RANCH COMMERCIAL MAP 15889 \ S86?52754"W P.O.C. ^T/ PARCELS A A B N86'52'27"E PARCEL B OF CERTIFICATE OF COMPLJANC1 REG, 8-24-07 DOC, NO, 2007-0583781 GENERAL UTILITY AND ACCESS EASEMENT VACATED- QTY OF CARLSBAD SHEET 2 OF 5 APPLICANT: LNR CPI BRESSI RETAIL, LLC 4275 EXECUTIVE SQ. /2W LA JOLLA, CA. 92037 PROJECT DESIGN CONSULTANTS Planning I Landscape Architecture I Engineering I Survey 701 B Street, Suite 800 619.235.6471 Tel San Diego, CA 92101 619.234.0349 Fax A.P.N. 213-191-12, 13 CT 06-24 PR 08-49 P:\3219\MAPPING\PLATS\3219 CUE VACATION.dwg Dec 11. 2008 EXHIBIT 'B' P.O.C.SOUTHEAST_CORNER_LOT_3 PARCELS CAD 8 CARLSBAD TRACT CT 08-24 BR£SSJ RANCH COMMERCIAL MAP 15889 N86'52'54"E 10.00'' LOT 4 GENERAL UTILITY AND ACCESS EASEMENT GRANTED PER MAP NO. 15689 N86'52'54"E 10.00' T.P.O.B. S03V7'06"E 16.76' A/S6'52'54"E 100.26' T.P.O.B. N03'07'06"W 16.76' S86'52'54"W 10.00' S86'52'54"W 10.00' GENERAL UTILITY AND ACCESS EASEMENT VACATED- CITY OF CARLSBAD SHEET 3 OF 5 APPLICANT: LNR CPI BRESSI RETAIL, LLC 4275 EXECUTIVE SQ. /210 LA JOLLA, CA. 92037 PROJECT DESIGN CONSULTANTS Planning I Landscape Architecture I Engineering I Survey 701 B Street, Suite 800 619.235.6471 Tel San Diego, CA 92101 619.234.0349 Fax A.P.N. 213-191-12, 13 CT 06-24 PR 08-49 P:\3219\MAPPING\PLATS\3219 GUE VACAJlON.dwg Dec 11, 2008 10 EXHIBIT 'B' r.u.u. NORJHEASJ_CORNER_LOT^ PARCEL E N86'52'54"E UTILITY AND ACCESS GRANTED PER MAP (TIE LINE) S86'52'54W 15.09' CARL S3 AD TRACT CT 08-24 BRESSJ RANCH MAP 15889 fiE7V£7?>U. UTILITY AND ACCESS EASEMENT VACATED- QTY OF CARLSBAD SHEET 4 OF 5 APPLICANT: LNR CPI BRESSI RETAIL, LLC 4275 EXECUTIVE SO. #210 LA JOLLA, CA. 92037 PROJECT DESIGN CONSULTANTS Planning I Landscape Architecture I Engineering I Sutvoy 701 B Street, Suite 800 619.235.6471 Tel San Diego, CA 92101 619.234.0349 Fax A.P.N. 213-191-12, 13 CT 06-24 PR 08-49 P:\3219\MAPPING\PLATS\3219 CUE VACAWN.dwg Dec 11, 2008 EXHIBIT 'B' P.O.C.NORTHWEST CORNER LOT 5 N86'5254 E 72.25' CARLSBAD TRACT CT 08-24 BRESSI RANCH COMMERCIAL MAP 15889 N86'52'54"E 7.50' N03'07'06"W 6.00' N86'52'54"E 50.50 GENERAL UTILITY AND ACCESS EASEMENT GRANTED PER MAP NO. 15689 GENERAL UTILITY AND ACCESS EASEMENT VACATED- CITY OF CARLSBAD SHEET 5 OF 5 APPLICANT: LNR CPI BRESSI RETAIL, LLC 4275 EXECUTIVE SQ. $210 LA JOLLA, CA. 92037 PROJECT DESIGN CONSULTANTS Planning I Landscape Architecture I Engineering I Survey 701 B Street, Suite 800 619.235.6471 Tel San Diego, CA 92101 619.234.0349 Fax A.P.N. 213-191-12, 13 CT 06-24 PR 08-49 P:\3219\MAPPING\PLATS\3219 CUE VACATION.dwg Dec 11. 2008