HomeMy WebLinkAboutMS 05-10; Summit West Real Estate Inc; 2021-0612412; Permanent Stormwater AgreementRECORDING REQUESTED BY :
City of Carlsbad
Development Services Department
WHEN RECORDED MAIL TO:
City Clerk
City of Carlsbad
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
DOC# 2021-0612412
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Aug 27, 2021 04:52 PM
OFFICIAL RECORDS
Ernest J. Dronen burg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $0.00 (S82 Atkins: S0.00)
PAGES: 11
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO. 208-040-12-00
PROJECT ID. MS 05-10
PERMANENT STORMWATER QUALITY BEST MANAGEMENT PRACTICE MAINTENANCE
AGREEMENT
DATE OF AGREEMENT: __,,A>"""""'"'r~~~sr-it:1,-., ..... 0~, .... ?:,c;._;..o_~_\.__ ________ _
OWNER NAME: --'S;:..:u=..:..m;..:.;m..:.:.:.:.it ..:..W.:..:e=-=s:.:..t .:..:R:.::.e=-al:....:E=-=s=-=-ta=-=t:.::.e.L..., l:.:...:n..=:c•:.z_, =-a--=C=-=a:.:.:lif.:...:o:.:...:rn.:.:..i=-a ...:;C...:;o,;.irp;:..:o:.:..ra;::;.;t;;.;;io:.:..n:.:..1 ___ _
PROJECT NAME: ___,;;E;;..;;u:.::.c=-al,Ljyp=-=t=-us:;,_;;:.;La=n=e__,,(C.::;..;..;,,he;;.;.h=a..;;;.de,;;..,..;;;,S=-ub;:..:.L..) __________ _
RESOLUTION NUMBER: _P_C_R_e:....cs_N_o_._: __ A ...... P..,_p_ro_v_al_D;_;a....;,te,;_:_7 __ /9'"'-/0,;_7 ________ _
CONDITION NUMBER: -.:1...::.6 ___________________ _
DRAWING NUMBER: ___;;..D.;.,.W;_;G;;....._;5;_;,1..;;;;,2-=5.;.,;A _______________ _
This Agreement is made and entered into by and between the City of Carlsbad , California, a
Municipal Corporation of the State of California, hereinafter referred to as "City"; and the Property
Owner, its successors and assi.gns, hereinafter referred to as "Owner". The term "successors and
assigns" as used in this Agreement includes, but is not limited to, an "Association" as defined in
Civil Code Section 1351 (a) and commonly referred to as a property owners association.
RECITALS
WHEREAS, Owner is proceeding to develop a property more particularly described in
Exhibit A, hereinafter referred to as "the Property"; and
WHEREAS, development of the Property has been approved by the City, and is subject to
the requirements of the State of California Regional Water Quality Control Board-San Diego Region
O.ICEO\l.andOeY\PROJECTSIMSIMS 05\MS 05-10 Eucalyptua • Rock, Levy\Bonds and Agreemen1\PERMANENT STORMWA11ER QUALITY BMP MAINTENANCE AGREEMENT,®'
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Order No. ORDER NO. R9-2007-01/NPDES NO. CAS0108758, as promulgated within the City of
Carlsbad Public Works Department, Storm Water Standards Manual, 2004 Edition, hereinafter
referred to as "storm water regulations" and incorporated herein by this reference; and
WHEREAS, the Owner is required to comply with all Federal, State and Local storm water
regulations by employing permanent post.construction Best Management Practices (BMP's},
hereinafter referred to as "permanent BMP(s)" to ensure impacts to storm water quaHty are
mitigated to the Maximum Extent Practicable (MEP) prior to being discharged from the Property;
and
WHEREAS, the City and the Owner, its successors and assigns agree that the health
safety, and welfare of the residents of Carlsbad, California, require that permanent BMP(s} be
established, constructed, inspected, and operated and maintained in perpetuity on the Property;
and
WHEREAS, the storm water regulations require that permanent BMP(s) be established,
constructed and adequately inspected, operated and maintained by the Owner, its successors and
assigns, including any homeowner or property owner association; and
WHEREAS, the Owner has caused to be prepared a Storm Water Management Plan
(SWMP) report and drawing(s) which together detail the objectives, design, construction, inspection
and operation and maintenance responsibility requirements of the permanent BMP(s)
recommended to mitigate impacts to storm water quality due to the development of the Property,
hereinafter collectively referred to as the "Storm Water BMP Plan" and incorporated herein by this
reference; and,
WHEREAS, storm water regulations require that the City ensure the continued
existence and inspection, operation and maintenance of the permanent BMP(s); and
WHEREAS, the City has required the recordation of this Agreement as a condition of
approval of the project that secures the construction, inspection, operation and maintenance of on-
site permanent BMP(s) by the Owner, its successors and assigns, including any property owners
association, in perpetuity, and
O.\CEOll.andOelllJ>ROJECTSIMS\MS 05\MS 05-10 Eucalyptus · RlcK. Levy\Sonds ind Agreement1PERMANENT STORMWATER QUALITY BMP MAINTENANCE AOREEMENT,ooc
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NOW, THEREFORE, in consideration of the approval of this project, the foregoing
promises, the mutual covenants contained herein, and the following terms and conditions,
Owner and City agree as follows:
1. Owner shall comply with all the requirements of said storm water regulations and any
applicable amendments thereto, and with any other provisions of law.
2. The permanent BMIP(s) shall be established and constructed by Owner, its successors
and assigns,, in accordance with the plans and specifications identified in the Storm Water BMP
Plan and modification to the approved permanent BMP(s) shall not be made without prior approval
of the City Engineer.
3. Owner, its successors and assigns, including any homeowner or property owner
association, shall adequately, inspect, operate and maintain the permanent BMP(s). This includes
private (non-public) pipes and channels built to convey storm water to the facility, as well as all
private structures, improvements, and vegetation provided to control the quantity and quality of the
storm water runoff and any associated practices and programs. Adequate maintenance is herein
defined as good working condition so that the permanent BMP(s) are performing in accordance witli
their design objectives and functions.
4. Owner, its successors and assigns, shall inspect applicable permanent BMP(s) as often
as conditions require, or at frequencies recommended in the approved Storm Water BMP Plan, but
in any event at least once each year prior to the rainy season. The purpose of the inspection is to
assure continued safe and proper functioning of the facilities. The inspection shall cover the entire
facilities, berms, outlet structure, pond areas, access roads, etc. Owner shall submit an inspection
report annually to the City in a form as prescribed in the Storm Water BMP Plan or as may be
prescribed by the City. Deficiencies shall be noted in the inspection report. Any deficiencies,
repairs or maintenance obligations shall be noted in a record form and immediately remedied by the
Owner.
5. Owner shall maintain inspection, operation and maintenance records for at least five (5)
years. These records shall be made available to the City for inspection upon request at any time.
O:ICEO\I.AlndO.vlPROJECTSIMSIMS 05\MS 05-10 Eucal~plus • Riek. Levy\BO<lds ano Agreemenl\PERMANENT STORMWATER QUALITY BMP MAINTENANCE AGREEMENT <l0C
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6. Owner, its successors and assigns, hereby grant permission to the City, its authorized
agents and employees, to enter upon the Property and to inspect the permanent BMP(s) whenever
the City deems necessary. The purpose•of inspection is to follow-up on reported deficiencies to
respond to State and Federal mandated storm water facility inspection requirements and/or to
respond to citizen complaints. The City shall provide Owner, its successors and assigns, copies of
the inspection findings and a directive to commence with the repairs or corrective measures if
necessary.
7. In the event the Owner, its successors and assigns, fails to take corrective action to
maintain the permanent BMP(s) in good working condition acceptable to the City, the City may
enter upon the Property and take whatever steps necessary to correct deficiencies identified in the
inspection report and to charge the costs of such repairs to the Owner, its successors and assigns.
This provision shall not be construed to allow the City to erect any structure of permanent nature on
the land of the Owner outside of the easement for the permanent BMP(s}, if an easement is
provided, or outside the limits of the permanent BMP(s) facility footprint described on the Storm
Water BMP Plan, if an easement is not provided. It is expressly understood and agreed that the
City is under no obligation to routinely maintain or repair said facilities, and in no event shall this
Agreement be construed to impose any such obligation on the City.
8. Owner, its successors and assigns, will perform the work necessary to keep the
permanent BMP(s) in good working order as appropriate. In the event a maintenance schedule for
the permanent BMP(s) is outlined in the approved Storm Water BMP Plan, the schedule shall be
followed.
9. In the event the City pursuant to this Agreement, performs work of any nature, or
expends any funds in performance of said work for labor, use of equipment, supplies, materials,
and the like, the Owner, Its successors and assigns, shall reimburse the City upon demand, within
thirty (30) days of receipt thereof for all actual costs incurred by the City hereunder. If not paid
within the prescribed time period, the City shall secure a lien against the Property in the amount of
such costs. The actions described in this section are in addition to and not in lieu of any and all
O~CED\LandDev\PROJECTS\MS'MS 05\MS DS.10 Eucatyptua • Riek, Levy\80!1d1 Ind Agreement\PERMANENT STORMWATER QUALITY 8MP MAINTENANCE AGREEMENT.doc
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legal remedies available to the City as a result of Owner's failure to maintain the permanent
BMP(s).
1 O. Owner agrees that the permanent BMP(s) are privately-owned, operated and
maintained by the Owner and acceptance of the work by the City shall not constitute a responsibility
of the City to maintain them nor a Waiver of Defects by City.
11. Owner agrees that all residual material that is a byproduct of the proper operation and
maintenance of permanent post-construction BM P's (waste) will be disposed of according to all
federal, state and local regulations.
12. Unless otherwise specifically provided herein, all notices, demands or other
communications given hereunder shall be in writing and shall be deemed to have been duly
delivered upon personal delivery, or by Federal Express (or similar reputable express delivery
service) or by facsimile transmission with back-up copy mailed the same day, or as of the second
business day after mailing by United States Certified Mail, return receipt requested, postage
prepaid, addressed as shown below. Notices required to be given to Owner shall be addressed as
follows:
Notices to the Owner shall be delivered to the following:
Name:
Address:
Address:
Telephone No.:
E-mail Address:
Summit West Real Estate, Inc.
2652 La Costa Ave.
Carlsbad, CA 92009
760-476-3544
Notices to City shall be delivered to the following:
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008
Attention: City Engineer
Telephone No.: (760) 602-2730
Facsimile No.: (760) 602-8562
Each party shall notify the other immediately of any changes of ownership or
address that would require any· notice delivered hereunder to be directed to another Owner and/or
to another address. In the event Owner fails to notify City of any change of ownership, the new
Owner and the Owner whose name appears above, or whose name and address has been
O:ICEO\landOt\l\PROJECTSIMSIMS 05\MS 05-10 EUCIIVl)IUS -RICk, Levy\80/lds 8r>d Agfetmcint\PERMANENT STORMWATtER QUALITY BMP MAINTENANCE AGREEMENT.doc
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subsequently provided to the City pursuant to this provision, shall jointly be responsible for the
operation and maintenance of any permanent post-construction BMP's on the Property and for any
required annual verification statements until such time as the City is provided notification of the
name and address of the new or subsequent Owner, pursuant to the provisions of this section.
13. The City or any officer or employee thereof shall not be liable for any injury to persons
or property occasioned by reason of the acts or omission of Owner, its agents or employees in the
performance of this Agreement. Owner further agrees to protect and hold harmless City, its officials
and employees from any and all claims, demands, causes or action, liability or loss of any sort
because or arising out of acts or omissions of Owner, its agents or employees in the performance of
this Agreement, including claims, demands, causes of action, liability, or loss because of or arising
out of the design or construction of the permanent post-construction BMP facilities. Said
indemnification and Agreement to hold harmless shall extend to injuries to person and damages or
taking of property resulting from the design or construction of said permanent BMP(s) as provided
herein, and to adjacent property owner as a consequence of the diversion of waters from the
design, construction or maintenance of drainage systems, streets, and other improvements.
14. This Agreement shall be recorded against the Property and shall constitute a covenant
running with the land and shall be binding upon Owner.
15. linvalidation of any one of the provisions of this Agreement shall in no way effect any
other provisions and all other provisions shall remain in full force and effect.
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IN WffNESS WHEREOF, this Agreement is executed by the City of Carlsbad, acting by and
through its City Manager, pursuant to Section 20.16.060 of the Carlsbad Municipal Code
authorizing such execution, and by Owner.
OWNER(S):
Summit West Real Estate, Inc., a California
Corporation
By:
By:
(Name of Owner)
6+-qsign Q( '-
Guy Oliver
(print name here)
President
(title and organization of signatory)
(sign here)
(print name here)
(title and organization of signatory)
CITY OF CARLSBAD, a municipal
corporation of the State of California
By
JA N S. GELDERT, P.E.
Ci y Engineer
(Proper notarial acknowledgment of execution by OWNER must be attached)
(Chairman of the Board, President. or any Vice-President and secretary, any assistant secretary, the Chief
Financial Officer, or any assistant treasurer must sign for corporations. If only one officer signs, the
corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal
empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
CELIA BREWER
City Attorney
By,qQ ~ RN KEMP
Assistant City Attorney
O:ICl:011.andOev\PROJECTSIMSIMS 051MS 06-10 EucalypM. Riek, Le,yl8onds -i AQreement\PERMANENT STORMWATER QUALITY 8MP MAINTENANCE AGREEMENT.Cloe
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CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the Identity of the individual who signed the document
to which this c.ertiflcate Is attached, and not the truthfulness, accuracy, or validity of that document.
State of Callfornla }
County of .:¼l/) ~ l,'#o 0
On &J~cl: IO 1 7-111-l before me, ~\ct ~t:Wlk1cl~ 1 Ncm;ixy ful,t , ~
Dote Here Insert Nome and Title of the Officer
personally appeared _\,)___,.Q_Sc>,A-"'".....__'6----". _ _.t-~--=--l_J ___ w ____ 't..__ ___________ _
Nome(s) of Signer(s}
who proved 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 me that he/she/they executed the same in his/her/their
authorized capacity(les), and that by his/her/their slgnature(s) on the Instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the Instrument.
Place Notary Seal and/or Stamp Above
I certify under PENAL TY OF PERJURY under the
laws of the State of California that the foregoing
paragraph Is true and correct.
WITNESS my hand and official seal.
Signature~ ~
Signature of Notary Pubflc
OPTIONAL
Completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: __________________________ _
Document Date: ____________________ Number of Pages: ___ _
Signer(s) Other Than Named Above: ______________________ _
Capaclty(les) Claimed by Signer(•)
Signer's Name: ___________ _ Signer's Name: ___________ _
□ Corporate Officer -Tltle(s): ______ _ □ Corporate Officer -Title(s): ______ _
□ Partner -□ Limited □ General o Partner -o Limited o General
o Individual o Attorney In Fact o Individual □ Attorney In Fact
□ Trustee □ Guardian or Co nservator o Trustee □ Guardian or ConseMtor
□ Other: D Other:
Signer Is Representing: _________ _ Signer Is Representing: ________ _
0 2018 Natlonal Notary Association
CALIPOANIA ALL-PURPOS& .ACKNOWLRDQMINT CIVIL CODE§ 1189
A nota,y public 01' oth8f' officer completlng this certtflcate vetiHes only the Identity of the lndlvlctual who Signed the
docum9nt to which this certificate Is attached, and not the tMhfulness, a~racy. °' validity of that document.
State of Callfomia )
County of .>ftt<t».+ r )
On '11A,4 ;?:!,; 2-cJ..J before me, M~l¼-1 ,rL,J.~ tJ~pJ,k,
I ...,..,., H-;;:;J/isert Name BflifTltie o~ker
personally appeared ___ _;G=..::c...::.:v~..116ul...sij!Jc,/:;;.z.. ______________ _
/ Name(s) of Slgner(s)
who proved to me on the basis of satisfactory evidence to be the personi.l whose nam~s/~
subscrii to the within instrument and acknowledged to me that hels~~ executed the same In
his/hf(~ Ir authorized capacity(]~). and that by hls/h~h't1r slgnature(t on the Instrument the person( ••
or the-en lty upon behalf of whlcH the person(lf acted, executed the Instrument.
I certify under PENAL TY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Slgnatun> ~ (J,/,.,, l..• ',}
S/gnatute0fota,y Public
Place Notary Seal Above --------------OPTIONAL _____________ _
ThOUgh this section is optional, completing this Information can deter alteration of the document or
fraudulent reattachment of this form to an unintended doeurMnt.
Desortptlon of Attached Document Title or Type of Document: ____________ Document Date: _______ _
Number of Pages: ___ Signer(s) Other Than Named Above: ___________ _
Capaclty(les) Claimed by Signer(s)
Signer's Name: __________ _
□ Corporate Officer -Tltle(s): _____ _
Signer's Name: ___________ _
D Corpora1e Offloer -Tltle(s): _____ _
D Partner -D Limited D General D Partner -D Limited D Gen8f'al
0 Individual O Attomey In Fact
D Trustee D Guardian or Consecvator
0 lndlVldual O Attorney in Fact
D Trustee O Guardian or ConS8fVator
□Othet: ____________ _ O Othe~ _____________ _
Signer Is Representing: ________ _ Signer is Representing: ________ _
4:>2014 National Nota,y Association• www.Natlona1Nota,y.org • 1·800·US NOTARY (1·80G-a76-6827) Item 15907
Page 8 of 8 01/25/13
LEGAL DESCRIPTION
Real property fn the City of Carlsbad, County of San Diego, State of cafifomla, desaibed as follows:
PARCEL 1:
PARCEL B AS SHOWN ON CERTIFICATE OF COMPLIANCE AS EVIDENCED BY DOCUMENT RECORDED ON
JANUARY 21, 2005 AS INSTRUMENrf NO. 05-54768 OF OFFICIAL RECORDS, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS: .
THAT PO~TION OF LOT "I'', OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO PARTmON MAP NO, 823, ALEO lN THE OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16,1896, ALSO ALL OF iNSTRUMENT
03-879846, RECORDED JULY 23, 2003 OF OFFIOAL RECORDS OF SAID COUNTY AND A PORTION OF
INSTRUMENT 03-1154907, RECORIDED SEPTEMBER 19, 2003 OF OFFICIAL RECORDS OF SAID COUNTY,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT AN ANGLE POINT IN THE CENTERUNE OF COUNTY ROAD SURVEY NO. 682, AS
DESCRlBED IN EASEMENT FOR COUNTY HIGHWAY, RECORDED JUNE 12, 1936 IN BOOK 521, PAGES
230 THRU 232 OF OFACIAL RECORDS; THENCE ALONG SAID CENTERLINE, NORTH 63°59'30". WEST,
701.35 (RECORD NORTH 64°35' WEST PER SAID ROAD SURVEY NO. 682) TO THE BEGINNING OF A
TANGENT 1,000.00 FOOT CURVE, CONCAVE SOUTHERLY; THENCE WESTERLY ALONG SAID
CENTERLINE AND CURVE, THROUGH A CENTRAL ANGLE OF 00°24'04", AN ARC DISTANCE OF 7.00 FEET ·
TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING WESTERLY ALONG SA.ID CENTERLINE AND
CURVE, THROUGH A CENTRAL ANGLE OF 08°43'02", AN ARC DISTANCE OF 152.14 FEET TO THE
EASTERLY LINE OF SAID INSTRUMENT03-1154907; THENCE ALONG SAID EASTERLY UNE, SOUTH
07°15'14" WEST, 220.82 FEET; THENCE SOUTH 67°31'30" WEST, 77.74 FEET; THENCE SOUTH
02°02'16" EAST, 50.80 FEET TO THE BEGINNING OF A TANGENT 18.00 FOOT RADIUS CURVE CONCAVE
NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG SAID OJRVE, THROUGH A CENTRAL ANGLE OF
68°44'58", AN ARC DISTANCE OF ·21.60 FEET; THENCE SOUTH 70°47'14n EAST, 46.28 FEET TO Tl-IE
EASTERLY LINE OF SAID INSTRUMENT 03-1154907; THENCE SOUTH 07c;,15'14" WEST, 24.05 FEET TO
THE CENTERLINE OF EUCALYPTUS LANE AS SHOWN ON MAP NO. 13753, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 5, 1999; Tl-lENCE ALONG SAID CENTERLINE,
SOllfH 70°47'14" EAST, 99.91 FEET TO THE WESTERLY LINE OF LAND DESCRIBED IN DEED TO
MICHAELE. SHOOK AND JO ANN s·HOOK RECORDED AUGUST 91 1"977 AS INSTRUMENT NO. 77-322114
OF OFFICIAL RECORDS; THENCE All.ONG SAID WESTERLY LINE, NORTH 15°32'04" EAST, 345.40 FEET
TO il--lE TRUE POINt OF BEGJNNING; .
PARCEL 2:
AN E'ASEMENT AND RIGHT OF WAY FOR ROAD, SEWER, WATER, GAS, POWER ANID TELEPHONE LINES
AND APPURTENANCES THERETO, TO BE USED IN COMMON WITH THE GRANTOR'S AND OTHERS OVER,
UNDER, ALONG AND ACROSS A STRIP OF LAND 30.00 FEET WIDE IN LOT "I" OF 1HE RANCHO AGUA
HEDIONDA, IN THE COUNTY OF SAN DiEGO, STATE OF CALIFORNIA, ACCORDING TO PARTIDON MAP
THEREOF NO. '823, flLE0 IN THE OFFICE OF THE COUNTY RECORDER Of SAN DIEGO COUNTY,
NOVEMBER 16, 1896, THE CENTER qNE OF SAID 30.00 FOOT STRIP BEING DESCRIBED AS FOLLOWS:
. .
BEGINNING AT CORNER NO. 2 OF SAID LOT'1Jff; THENCE ALON.G THE NORTHERLY PROLONGATION AT
THAT PORTION OF THE EASTERLY UNE OF SAID LOT"I'', BETWEEN COR,NER NO. 1 AND NO. 2·0F SAID
LOT, NORTH' 02°29'40" WEST' (RECORD NORfH 03°00'00" WEST) 21.84 FEET TO AN INTERSECTION
WITH THE CfNTER LINE OF COUNTY ROAD SURVEY NO. 682, AS THE SAME IS DESCRIBED IN °J!1E
EASEMENT DEED TO THE COUNTY OF SAN DIEGO, DATED MAY 27, 1936 AND RECORDED IN BOOK 531,
PAGE 2301 Of OFFICIAL RECORDS OF SAID COUNT)', SAID POINT OF INTERSECTION-BEING ALSO THE
· SOLJTliEASTERLY CORNER Of THAT PARCEL OF LAND DESCRIBED IN THE QUITUAIM DEED TO
HORACE H. KELLY, RECORDED JANUARY 22, 1951 AS FILE NO. 9613, IN BOOK 3942, PAGE 34, OF
OFFICIAL RECORDS; THENCE ALONG THE SOUTHERLY LINE OF SAID KELLY LAND, AS FOLLOWS:
ALONG TiiE SAID CENTER UNE OF COUN"TY ROAD, NORTH 67°10'00" WEST 897.21 FEET TO AN ANGLE
POINT THEREIN; THENCE CONTINUING ALONG SAID CENTER UNE OF COUNTY ROAD, NORTH
64°35'00" WEST 701.22 FEET TO THE BEGINNING 'OF A TANGENT 100.0.00 FOOT RADIUS CURVE,
CONCAVE SOUTHERLY; THENCE WESTERLY ALONG SAJD CURVE, 319.27 FEET THROUGH AN ANGLE OF
18017'34"; THENCE LEAVING SAID CENTER LINE, SOUTH 03°18'40" EAST 355.96 FEET TO THE TRUE
POINT OF BEGINNING OF THE HEREIN DESCRIBED CENTER LINE; THENCE SOUTH 71 °20'00" EAST ,
480.66 FEET TO THE BEGINNING OF A TANGENT 150.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY;
THENCE EASTERLY ALONG SAID CURVE 227.15 FEET THROUGH AN ANGLE OF 86·046'00"; THENCE
TANGENT TO SAID CURV.E, NORTH! 21 °54'00" EAST, 148.31 FEET TO SAID CENTER UNE OF THE
COUNTY ROAD, SAID 30.00 FOOT STRIP BEING IN A LINE WHICH BEARS SOUTH 03°18'40" EAST .
THROUGH THE TRUE POINT OF BEGINNING AND ENDS IN THE SOUTHWESTERLY LINE OF SAID
COUNTY ROAD. .
EXCEPTING FROM SAID EASEMENT AND RIGHT OF WAY, THAT PORTION THEREOF WHICH LIES
WITHIN PARCEL 1 DESCRIBED ABOVE.
APN: 208-040-12-00