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Item 8 - TPM 84-09 Time Extension - Old Coach FinancialAGENDA REPORT CITY OF POWAY TO: Honorable Mayor and Members of he City Council FROM: James; L. Bowersox, City Mana INITIATED BY: Reba W. Touw, Director. of Planning Services DATE: November 18, 1586 SUBJECT: Tentative Parcel Map, TPM ;840 Time Extension - Old Coach Financial,- Applicant_; ERB Engineering, Agent: A request to divide 32..68= acres into two parcels located atthe intersection of Buds Land and Double R Road in the RR -A (Rural Residential) zone. APN: 277-080-12 ABSTRACT PROJECTPLANNER PARCEL. SIZE: GENERAL: PLAN DESIGNATION Marijo van Dyke Assistant Planner 32.68 Acres Rural Residential A ZONING: Rural Residential A SURROUNDING DESIGNATIONS: (.See Attachment 3) RELATED CASES PM 1648 , TPM 84-09;_ CORRESPONDENCE RECEIVED: None ENVIRONMENTAL RECOMMENDATION: Previously issued a Negative Declaration. STAFF RECOMMENDATION: Approve TPM 84--09 subject to conditions ACTION: NOV .18, 1986 ITEM 1OF.j`7 Agenda Report November 181? 1986 Page 2 BACKGROUND a A. Project Descr1 tg ion` on November 20, 1984, the. Poway City Council approved TPM 84-09, a,proposal to divide 3.2..68 acres into two parcels. The. I approval will expire. on November 20 of this year. The approved tentative parcel map islocatedat the internee- tion of Buds Land and. Double R Road off old Coach Road:.. Parcel 1 consists of 7.6 gross; aures with an average slope of 31..8 percent.. Parcel. 2: borders the: southeast,' boundary of Parcel 1 and is comprised of 25.8 gross: aureswith an average slope of 33.4 percent.. Drainage fora the parcels flows westerly into Thompson Creek. It is the intent of the City to require that Parcel: 1, be merged with Mr.. Walker''s existing four -acre. parcel.. to eliminate. the nonconformity of the 7.6 acre lot.. The subject property is currently involved in a violation of -the Subdivision Map AGt and a, bankruptcv hearing.., in an effort to explain the . neon sistenc-ies surrounding this subdivision request, some add - tional history is required. Mr . Walker purchased his four -ache legal lot from old ' Coach 5 Financial in 1.972:.. Shortly thereafter,-he.entered.into a land. sale: contract with George Wright of Old Coach Financia to, purchase 7.6 additional acres. As of July 1972,.`divisions of land required a parcel or tract map for the creation of new legal parcels Old Coach Finan 'al was ;to properly and legally divide the: 7.6 acres. which Mr.: Walker purchased from .the origi- nal +38 -acre -lo -something they never did. Old Coach. Financial` continued to transfer titles in deed form for at least four other parcels: in the same: vicinity. In 1977,, the County of San Diego filed a Notice of violation of the Subdivision Map Act against Old. Coach Financial.. the situation, has remained relatively unchanged, except that most. o€ the, othe-properties in the area on which notices. of violation, were. r filed have been cleared through either County- or City-is.s�ued certificates- of compliance. During this time period, Lair. Walker declared bankruptcy ' and claimed the 7.6 -acre parcel as an. asset, however, due toL the Notice of etiolation, the title to the property . had not been. determined. The purpose of this: parcel map is to legali:ae an existing � non- conformng lot and allow title of the 7.6 acres to transfer to Mr., Walker. NOV 1.8 1986M N - Agenda Report November 18, 1986 Page 3 Many .of the previously deeded surrounding parcels are. relati- vely small in size --2.5 to 7 acres --compared to the 20 acre minimum lot size required., under current City zoning criteria. The size of the proposed lots would be similar or greater than the 17 lots located immediately west of the subject property. Old Coach Financial originally proposed a boundary adjustment to Parcel 1 enabling the enlargement of Mr. Walker's four -acre parcel. However. Chapter 5 of the City's; Subdivision Ordinance requires the parcel map process for all Proposed boundary adjustments altering- more than 20 percent of the total acreage being subdivided. Because the area proposed for adjustment was nearly twice the size of Mr. Walker's existing parcel, a boundary adjustmentwas not appropriate. Dueto the relatively high degree of slope associatedwith each parcel, neither Par- cel complieswith the minimum slope/acreage ratio as stipulated. in the City of Poway's Comprehensive Plan. On November 26, 1985 Council adopted Ordinance 179 regarding standards for submittal and: approval of time. extensions. Since the subdivision is. involved both in public and Private litiga- tion which has not been resolved as of this date and in order to protect the interests of Mr. Walker, staff is supporting the request for time extension. It is recommended that an: exten- sion of one year be granted and that no further extensions be permitted if within the one-year period the applicant fails to demonstrate that he has made substantial progress toward fina- lization of the map. These steps shall include those outlined inresolution 85-095 establishing the criteria for time exten- sions of subdivision maps. Access to Parcel. 2 shall be from. the north along a road ease- ment that connects with Big Bucks Way. The road from the parcel to Big Bucks. Way shall be improved: to rural non- dedicated street standards. Mrs. Helen Kytasky, who owns the land immediately to the north, contends that the existing road- way was illegally constructed and is currently involved in litigation. It is recommended that access for Parcel 2 correspondto the easement coordinates stipulated in the preliminary title report. Roadways outside of those easements should be vacated and restored to a natural condition. Access to Parcel 1 originates from the eastern terminus. of Old Coach Road. OWN 4 Agenda Report November 18' 1986 Page 4 r As there are no immediate plans for the construction of a single-family dwelling, grading will be limited to: the 'impro-- vemeat and/or relocation of access ways.. Wells and County Health Department approved septic systems are proposed: for water and sewage dlspoeal facilities. A cistern and a large' open resevoir on Parcel l provides the additional on-site water storage necessary for fire suppression for the immediate. area., Ce Environmental Review �As previously noted, the site is sloped toward the: northwest. Site drainage collects in an intermittent stream which flows westerly into Thompson. Creek... Eucalyptus trees., scrub.oak, sumac,, and other shrubs typical of the area '.cover the majority of the site. Review of the Environmental Initial Study and an on-site. inspection indicate: potentially significant cumulative impacts of increased traffic- generated and this. project's incremental- ncrementalimpacts. impactson the area -wide -drainage system. Mitigation for these impacts would include the payment - of. traf f ic:° and drainage fees: ata rate proposed by the City as well as by other conditions noted in the resolution.. With these -measures.- a Negative Declaration has been issued.. D. Correspondence, Notice of publichearing for this project has been sent to all property owners.. within 500 feet of the s- tol's. boundaries t and k. legal notice has been published in the News. Chieftain.. _Poway No written correspondence has been received However, Mrs.+ Helen_Kytasky, owner, of the. property located. immediately north of the subject property has previously contacted Staff with a_ legal: concern over the location of -the existing road easement that provides: access to -the subject property. She contends the road was illegally constructed and is currently involved in litigation. FINDINGS The. proposed, Tentative 'Parcel: Map '84--09; is consistent with. the- heGeneral GeneralPlan land use designation in terms of type of development.'' and subdivis%on.design. Approval of the subdivision time extension will enable the, merging of Parcel 1 with Mr. Walker's four-macre-par- cell, thus: reducing the nonconformity of the parcel without the, creation of additional substandard lots. No serious health: problems will occur because the. necessary public facilities and services are available. NOV 81986 ITE -- Agenda Report November. 18, 1986 Page 5 RECOMMENDATION It is recommended that the City Council adopt the attached. resolu- tion esol u -tion approving Tentative Tract Map 84-09 TE subject to conditions..' JLE:RWT.:MVD:pcm Attachments. 1. Proposed Resolution 2. Standard. Conditions .: Surrounding General, Plan. & Zoning 4.. Site 'Plan. OF 1 7 NOV 18 1986 ITEM RESOLUTION NO., P- A RESOLUTION OF THE CITY COUNCIL OF' THE:CITY OF POWAY, CALIFORNIA APPROVING TENTATIVE PARCELi MAP' 84-09TE. ASSESSOR'S. PARCEL NUMBER 277-08-0.-1 W EREAHF Tentative Parcel Map Noa 84-0.9TE, hereinafter "'Map" submitted by Old Coach: Flnancial, applicant,.for the purpose. of subdividing the real. property situated in the City of Poway,. .County of San Di.ega, State of California, described as a portion of the northwest: quarter a the northwest quarter of Section: 20, Township. 13 south, Range l west, San Bernardino -Median into'twos lots, regularly, came before: the City. Council for public hearing and: action on November 18 , 19.,86,-,-17 and WHEREAS, the Director ofPlanning; Services has recommended 'r APPROVAL of the Map subject to all conditions set ; forth in the Planning. Services Department reports and t{ WHEREAS, the City Council has read. and considered said report and has considered, other evidence presented at the publichearing., NOW, TiiEREF'ORE F- the City Council of the 'City of Poway does resolve: as fall' ows Sect "on 1 Findings., 2 The. C'lty Council makes the following. findings inregard to ?' Tentative Parcel. No. 84-O9TE and the Map thereof:: a.. The: `tentative parcel is consistent with. all. applicable, general and specific plans, in that combining 7..6 acres; propose,d Parcel l with 4 acres already owned by Mr. Walker the non -conformity of the net lot area of his-, w;i11 reduce Y 3 property; b The design or improvement of the. tentative• parcel is con-, sisten.t' with all, applicable; general and specific plans; because it allows: Parcel l to be merged with the Walker propert=, thereby reducing. its non -conformity,; C. The design of the subdivision: is not .likely toi cause substantial, environmental damage, and avoidable injury, to - humans and wildlifeor, their- .habitat because; only on new building. site- is being created - Parcel 2 da The tentative parcel is not likely to. cause serious: public health. problems beacuse all, facilities, including wells, t. and septic, systems.,. will be: provided.. NO,Y I & 198 t:TE K 60F17 j Resolution No P-- Page 2 e The design of the * tentative parcel- will not conflict with any easement 'acquired; by the public at large,now of record, for access through or use of the property within. the proposed subdivision f. That this project will not create- adverse: impacts on the environment and a Negative Declaration is issued; g. The. -effect of subdivision approval/denial on the housing needsof the San. Diego region has been considered. and. 3 balanced against the: public service needs -of Poway res- dents. and available fiscal and environmental resources (residential only). h« The design' of the 'subdivision has provided, to. the extent feasible, for fut:ure passive or natural heating or cooling opportunitiesin the subdivision (residential on-IyJ Section 2:: Tentative Parcel: Map: No. 84-Q,gTE,� a copy of . which is on file in the Planning Services, office, '.is hereby approved subject to all of the fa►.11owing conditions:: 1.., y . pp s � Within 3Q days s of approval,, ; the applicant shall v.�b,..®t an writing that all conditions of approval have been read and i; understood., 2. Prior to final map. approval the applicant shall merge e Parcel: i., 71.,6 acres,, with the adjacent four -acre parcel L27-Q:80�1)and shall indicate on ' the f inal� map. an. 1, +11. 6 -acre and a 25.8: -acre parcel:.. 3., Access to Parcel, 2 shall be from the north along the acess easement,. heading north and west to Big Bucks. Way.. The road from the parcel to Big Bucks Way shall be improved to rural non -dedicated street standards. 4 Access , to- Parcell shall be -from old Coach Road at its terminus on the west: section. line of Section 20L. Proof shall be provided prior to final map approval to. the.:, satisfaction of the City 'Engineer that the property is served by adequate: water and sewage facilities. A hydro- geologi_c, study, as well. as an approved septic tank; permit, may be required to provide, such: proof.; NOV 18 1988 _ TOS Resolution No. P- Page 3 Section 3: Tentative Parcel Map No. 84-09TE, ; a copy .of which is on file in the Planning Services office, is hereby approved subject to the attached Standard. Conditions. APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this. 18th day of November, 1986. Carl R. Kruse,Mayor ATTEST: Marjorie- K. Wahlsten: City Clerk 8QF17 NOV 18 1986 ITEM STANDARD CONDMONS OF APPROVAL Subject: =MA Applicant: Location: ` t'i9d Those items checked are conditions of approval. Zr Y OF POWAY I.: APPLICANT SHALL CONTACT THE, DEPARTMENT OF PLANNING AND: BUILDING SERVICES-REGARDING COMPLIANCE WITR THE FOLLOWING CONDITIONS: A., SITE DEVELOPMENT 1.- Site shall be developed,in accordance with the approved site: plans on file- in the Planning; Services:Department;and the conditions contained herein,. [}; 2. - Revised site plans and building, elevations incorporating all conditions of approval.shal. be submitted to the Planning Services Department prior tc�issuance of building permits. 3'. Approval of this request shall not waive compliance with all. sections of theZoning Development Code and all.other appli- cable, City Ordinances in effect at the time of building per- =it issuance.: 4.: The developer shall provi-del a minimum, of 25$ of the, lots. with adequate sideyard:area;'for recreation vehicle storage pur- suant to City standards, and the C C.SR."% shall prohibit; the - storage of recreational vehicles in, the required front yard setback. Mail boxes, on lots 10,000 square feet or less in size -and: in. _5.. areas where; sidewalks are required,: shall be installed and located by the.developer•subject'to approval.by the Planning Services,' Department.. 6. The;developec shall integrate an appropriate variety of y approved': roof materials- and colors into the design of the residential development in, a manner which is both: compatible: r and. complementary among each': or the residential unit!. T. - Trash receptacle, shall be enclosed by a a foot high, masonry wall: with. view-obstructing gates pursuant to. City, standards. Location, shall: be- subject to approval 'by the Planning-. Services- Department.. a. All roof appurtenances-, including-air-conditioners, shall be architecturally integrated, shielded from view.,and sound buf- feted fro:ce: adjacent properties and' streets as required, by the Planning; Services' Department. 9. Prior to. any use of the project site or business: activity, being commenced thereon, all conditions of approval_ containe& herein shall be completed to the satisfaction of the Director of Planning Services.. 10. The: applicant shall comply with ,the latest adopted Uniform. Building- Code, Uniform= Mechanical Code,. uniform Plumbing, Code., National Electric. Code, uniform Fire: Cod"e,, and: all other applicable- codes°and ordinances in effect at the timer of building ;permit issuance. . E3.11. Prior to'deiivery'of combustible: building materials on site,: water and sewer systemt-, shall. satisfactorily ,pass all required tests and be; connected -to the public water and sewer systems. in addition, the: first lift of asphalt paving shall be in place•to- provide adequate, permanent access, for emergency vehicles. The final.lift`of asphalt shall not be installed until all other construction activity has been substantially completed to, the satisfaction, of the City.: X'12. Fora new residential dwelling unitt.s?, the applicant shall paydevelopments fees, at the, established rate.. Such; fees may include, but not be limited: to: Permit and Pian Checking Fees., School Fees tin, accordance with City-acopted policy - and/or ordinance!, water and Sewer Service Fees:.. These: fees shall be paid: . _ a.. Prior to final map approvalOV 1986 �;En 9 ZJ wa. m.stiYr'uYl�t^f.'.^1.cN�MY'.DE.,=.,.,...,.s..�..., ..-.... ..p„e....-<r.,4Y^^;runs#... b. Prior to building permit issuance.. Y+..._.:wme.-vsaw..F "...-.•co+.-vw-.�..a.— .__„� 13. For a Qe+r-comeereial or industrial develop=64 or addition to as existing developments the applicant shall pay development fees; at. the, established rate. Such fees may includes but not be limited- ton - Permit and:- Plan: Checkinq Fees, water and Sewer. Service Feese; These fees shall be paid:: - &0 Prior to final, map approval. �` . b Prior to build a;gpermit issuance. 14. This;approvaL shall become null and void if building permits ,> arm.- not issued; far this project withi® one year from the- date of project. approval. 1S., Street names shall. be. -approved by the Planning Services vapartment prior to the, recordation of the finah maps• And street addresses, shall be. provided prior to- the issuance of building permits:._ r 16.; suildfng identification: and/or addresses shall be placed on all new ands existing buildings so as> to � plainly, visible. from the street or access: coadj,color of identification and/or addressees: shall contrast with: their background color. a.- PARRIM, Avg VBHICUrAR ACCESS I.. All ricin lot landsca in shall consist of a minimum- of one g p g fifteea t 511 gallon size tree for every three: Cif, parking spaces., For parking lot islands,. a: minimum: 12 inch wide. walk adjacent, to parking: stalls shall, be provided and. be separated froea vehicular areas by a: S- inch.. high.. 5 inch: wider port end; concrete cement curbing. - urbing2. I.. Parking lot lights shall. be- lowrL pressure sodium ane/ have a maximun.,hetight of: eighteen. C-18 Y feet from the finished grade of the: parking; surface and be directed: away #roar alh property, linear. ad;accut streets and.ias$dences. I. All 'two-way traffic aisles shall be a minimum of 24 feet, wide and. emergency access: shall be provided. maintained, free. and Clear.,#, a minimum., of 24 feet wide at aIL- times during- oaringconstruction. construction.,in. accordance. with Safety Services Department ° requirements..., 4'. All p= nq spaces: shall be double: striped.. C. LANDSCAPING - ! 1... & detailed landscape and irrigation plan shah. be Submitted to and approved, by the Public _Services Department and Planning: Services, Department prior to! the issuance, of building, permits. 2 A Master Plan of the existing on-site: trees. shall be. provided to. the Planning Services: Department prior: to the issuance: of building; permits and prior to grading, tat determine - which trees. shall: be: retained. 1. Existing,,, ou-site trees shallL be retained, wherever possible . and shall. be trimmed and/or topped.. Dead:,: decaying or gotent£ally dangerous trees shall, be approved,, for removal at the discretion of the Planning. Services Department during the. review of the Masted Plan of existingam-site trees. Those trees which are: approved for removal shall be replaced: ora a tree. -for -tree basis as:, required by tha Planning Services Department. 4. Street trees® a minimum of 15 gallon size or, 3argerr shall be Installed, in accordance. with the. City of Poway Ordinance and shall bet planted at ab `average. of every i0 feet on interior streats and 20 feet an exterior streets:. S A minimum: of 50 trees per gross acre, comprisedof the following sizes, shall be provided-, within: the development; 20 - 24" box, or larger, 701 - 25 gallon,, and 10t - S: gallon tolthe satisfactions of. the OL -rector of Planning Services and is accordance with, tits approved landscape plan. £a all multifamily and. PRO, project&. S. All landscaped areas shalt be maintained in, a healthy and: thriving condition, Eree Esrom, weeds.,, trash, and debris. 10 OF 1 7 Gy 18 19186 tTE Md C-090 r , 4 ®. SIGNS I., Any signs proposed for this development shall be: designed and approved in conformance- with: the Sign Ordinance.. 2. A Comprehensive Sign Progran for this development shall be - submitted:to the Planning Services Department for their review prior to issuance. of building permits. Approval shalt be by the City CounciL• , It.. RZTi®I# 1. On lots hawing a private or public equestrianfpedestrian. trail on or adjacent to their. property., the developer Is,, required toL have contained within the C.CaA.'s:the following statements _ In purchasing the homer I have. read the. C.C.&R.;'s. and understand that said lot is subject to as easement for the purpose of ' allottingequestrian/pedestrian traffic. 2. The-developer shall improve th* equestrian/pedestrian trail systew In accordance: withthe adopted sign standards:.and to the:satis€action of the !hectors of Public and Planning Servicesa." a. Prior to final map approval. Prior to building: ,permit issuance.. 3. An open space easement shall be granted to the.City over, -upon, across And under the area defined on the-final maps as an equestrian trail and `no building. structures or other things, shall be ;constructed, erected*, placedd or. maintain, ed. ®a subject easements except- ' for the construction: and maintenance: 'of said trail and structures appurtenant-to the frail. 4 Dedicate the. paster planned eguestrianlpedestrian trails' to the satisfaction of tha Directors. of the Departments of Public= and Planning Services in, accordance With. the Master. Plan of TrailsT element.. S. ParklandDed€cations er payment of Pardo Pees at the established, rate: shall be made _ a. Prior to final map approval:. b. Prior to buildinq.permt issuance.. r. EXISTING STBQCTOR - Z. Provide. compliance With. the Uniform Building Code: for property Zine clearances considering usep area and trite-resistiveness of existing buildings. Z. Existing buildingCsd shaTL be mada to comply with'current building and zoning regulations for the intended , use -or the f building shall be demolished,. I° 3. Luisting sewage disposal facilities sha1L be cemoved, filled and/or '.capped. to comply with appropriate grading practices and the Uniform Plumbing. Code G., ADtfZTIONJM APPRCMP REQQIRW L. Development Review or, Minor. Development Review shall be accomplished prior to the issuance of a building permit. Z.. Development. Review or Minor. Development Review shall: be accomplished prior to recordation of the final subdivision slap. 3.. This Conditional Use Permit is. granted for a. perlod of nonthis) at the end of which time the City Council-mag add:or delete: conditionar or revoke the Conditional Use: Permit. 4. Tice developer shall display a current Zoning'and Land Use Map In the sales office at all. times, andlor suitable alternative 7 1V to the satisfaction of the oirector. of EEannin eS. 1 F 1986 i' T E:' �. Mise Y lic or private equestrian/pedestrf` 'trails ace reg4 1d as a part of the subdivision, thi-.;aveloper shall display a asp is the sales office, of said subdivision, lad cating_the:trails. d. Al -.1 sales mapar, that, are distributed: or made available to the public= shall Luclude but not be limitedto trai s. fntvr+c and existing, schoolsw parksr and streets. - T. The developer shall, pcovide: anoise: display' board in: the sales office to the satsfcation of they plaaatng Services Director: The display shall include the: site:' plan: 'and noise, study. 8: Hocking drawings: *ball. Includie, a- certification i3p a recognised_ acoustical, expert that the requirements. of the City of stray's: noise, ordinance will: be *tett . 1. At, the, completion, of construction.. and, prior to accupancy interioc and exterior CNEL: shall. be determined: by, field testing, at developer$: expense. Tests to bw conducted: by a, recognized, acoustical expert., Rdi occupancy permfts shall bel granted until. Condition G-7 fa met to tram satisfaction of the Building Code- (latest ad opted; edition' *Sound Transmission Control. 0 10. The: applicant shall provide verification of State= Board of Equalf zatica.. notification± and brat appropriate: reviews 1 and/or approvala:have. been accomplished to the satisfac- tion, of the- Director of Administrative Service*. Ii. APPLICANT` SHAL& CONTACT" THE PUBLIC' SERVICES DEPARTMWZ REGARDING COMPLIANCE WITS TBE. FOLLOWING: CONDITIONS* 1..% cracding, of the subject property, shall ba in. accordance with th& .Drri cza-- Building Code•, City Grading, Ordinance-*• approved grading plam and geotechnical report, and accepted= grading: practices. 2.: Ther grading plan;_ shall, contain: a• cettificatte signed by a. registered. civih engineer` that: the grading plans Etas preserved: a minimum., of 1001 square feet of solar access for each3 dwelling unit and` for escti future building.: site within. the: subdIvis on., T. A- Boils: report shall' be prepared: by, a. qualified: engineer s licensed. by the, State: of California ter, perform such work.- ork:Prior. Priorto final map approval.. r - b.. Prior to. bu ldinq permit issuance. - :' 4. A�geological report shall be prepared by a: qualified engineer or geologist and; submitted, at the: time: of application for grading plan check. S. The final.grading plan shall. be sub=ject toy review, and; approval. by the Servees,and Public Services Department and shah be: completed prior tv recordatian of the final- subdivision: map. or issuance of building permit, wtiichavet -comes first. pre -blast } survey of surrounding property, shall; be conducted to, the; satisfaction oaf: the: City Engineer prior to any rock blasting., Seismic, recordings* shall'ba taken for all blastinci and: blasting shall occur. only at locations and levels approved by the City Engineer.. 1., STMMS ANIM, SIDEWALKS I. All Circulation Element roads shall be_dedicated and improved to Circulation. Element roadd standards and to the specifications of the Director of Public,- Sere cea.; 12OF' I7 NOV 18 1986 ITE U Z. ?be develop bellpay a pea -rata share for the in tallation •� or ■odfics F of the traffic signals at : - a. Prior to final map approval. s it., Prior to building permit. issuance. • 3.'Vebicular access rights to Circulatiowelement- roads shall be dedicated to the. City of -Poway and labeled on: the final sap to the satisfaction; of tharc Director of Public Services or by separate docuftnt. . t. AU interior and exterior public strests shall be constructed to public street standards. w; 5. 8idevaiks, tt.5 / 0 feet in width shall be. required on- tboth/cnel siders! of 6.. Reciprocal access and maintenance and/or- agreements stall be provided iasuriag access, to all pascals, over private roadse drivew cc' parking acess and maintenance. thereof to the satisfaction of the Director of Public Services. T`. Btreet striping and signing sbaLL be installed to the satisfaction of the- Director of public services. I". 1411 street~ structural sections shall. be sabu tted to and approved: by the Director of _ Public: Services `fe Street Improvement. pians prepared on standard size •sheets by a Registored'Civil Lagineer shall..bo-submitted for, approval by the Director. of Public Services. Pian, check and Inspection expenses -shall be paid by the :developer. 10. All eaea•ior street Leprovements sha1Y be constructed, prior to Issuance of building 7 pessitsr to the tatis€actlaw of the 0lrector of Public Services. 1I4w, Street Inprovesuats that lneludor but are- not Baited, tot - ®aw didawalk: to, Cross gutter v b'• iiclay3` mss.; A1y gtittt = . Wheal, chair rasps Wig. Street paving y d., Curb and gutter` �h. Allay paving shall be constructed'- prior to- the_ occupancy of the: units- to the satisfaction of the: Director df Public =v cess : EZ. All, damaged off-site public sock faciTi.ties including: packwair tressr shall be repaired or teplaced prior to exoneration of bonds and lmprovesents.: to- tho satisfaction of: the aspartment of, Public Services. - 13. Prior to any work. being:perfor:fed i8 the public right-of-way.- an eucrcacbmwnt. permit shall ba: obtained' from the Putrlie Services- office: and appropriate. fees paid. In addition to any other permits required. r, 14. The, developer shall 1 pay one half: the cost of a. City approved'. ped sedian along the project frontagaisfr a. Prior to ffnaL nag approval. b-. Prion to build'lnq permit issuance;. 150Street- isproveMEnta and waintenanew shall: be asidw in accordance with- C tg ordinance. standards for: a. Urban streets ; b. Semi -rural streets c.. Dedicated rural streets d. lion -dedicated rural. streets } 1S. The developer shall pay the: Traffic Mitigation Fee at the etablf shed rater a. Prior to final map approval. 13 OF I b. Prior to bci id'ing permitssnaa�ce. NOV 1 198 �' E 1[ J.: DRAINAGE AM FLGOD! CONTROL 3 Intersection: drains will be required at locations ° specified. by , the Director of Public- Servicers and in accordance! with standard Engineering practices. 2w The proposed project fails within areas Indicated as subject tot flooding under the: National Flood Insurance Program and, is, subject, to the provisions of that prograa, and Cite ordinance x 3. 1 drainage. s steer ca able of handling,and dis osis of all surface! water originating within the ubdivi ion$. and: all surface wateca that may flow onto thea subdivision roar adjacent landart shall be required. Said drainager•sy. ten! shal includ.: any, easements and structures:as required -by the Director of Public: Services ter properly, handle the drainage 4. Portland cement concrete cross gutters shall ba Installed where: water crosses the roadways. G 5., The:blaster Flan of Drainage Fee`, shall: be, paid at the established rate is accordance with. the: Drainage. ordinancet aw Prion toy final. map approval. G b Prior to building permit Issuance. . 6.. Concentrated flows, across. driveways and/or, sidewalks shall not be: permitted. R. UTILITIES I. All proposed utilities within the, project shall, be installed: ' underground. I Including, 'existing utilities along Circulation Element: roads and/or highways less: than 14.5 M. T. utility' easements- shall, be provided. to they spee f catioo o the. serving utilitycompanies and: the. Director' of: Public Services. r� I. rhea developer shall be responsibaer for the., relocation and undergrounding of existing public ut lities , as required., t.- water, sewer;r and fire protection systems plans shall, be designed. and constructed to meet requirements of the City of Poway. and the' Health, Department of she County of San. Diego. 5. Prior ta' acceptance. of property, for sewer service,, annexation to; the sewer improvement area.. shall' occur.. 6. The a Iicant:.. shall pay £ora waters system, anal sig to �. pp ` p y Y Y establish the: proper size and location. for the public water.' ' system,., The amount will be determined., by the -cost ,of the: analysis: and shall. bei paid: a. Prior to final: map approval. b. Prior, to building permit. Issuance., Tbrer applicant shallr. within, 30 days after' receiving; approval of: the: tentative tract maps tentative parcel mapr use, permit, ok development review`, apply for a Letter of: Availability MOM toi reserve- sewerage availability, and. post with, the City"r a nonrefundable. resrervatiam fee equal. to, 201 of- the appropriate: sewerage.. connection, feew., in effect at the time the LOQ%. is issued. - 8. Developer shall, construct a. Tight system: conforming to City of ' Poway standards. at no cast to they public, subject tar the, following,: •,'ii ` : r a4 Cant -off luminaries shall, ba installed', whirr will provide true 90' degree cutoff and; prevent projection of, light: above- the horizontal. frour the: lowest mint of the lamp: or light emitting: refractor or device•¢ h. A11 fixtures shall use a clear, low pressure sodium, vapor Tight, source. 14 Q` Z 7 y NOV 10" 11986 t TE c. Advance energy charges- and District engineering charges shall be paid by the developer. s d. Annexation to the lighting district shall be accomplished . and evidence of annexation and payment of lighting fees y shall be presentedto thel City prior to final map approval or building permit issuance, whichever occurs first. 1. Cable televisionservices shall be provident and. installed . underground'. The developer shall notify the: Cable y 'When ttenching`for utilities is to be accompZisbed. ri. REQQ AND- APPROVAM T. Pe=Lta Evan other agencies will be required as follow.Z a. Caltrans b.a Sae.Diego County Flood Control District c others Z. A copy Of the Covenants, Conditions and. Restrictions (CCiRIst and/or Articles of Incorporation of the Homeowners Association.. shall be -subject to the review for comPliance with conditions hereiar to. the satisfaction of 'the City Attorney anit Director. of Planning Services, and shall ba: filed- with: the, Secretary of Stater the County° Recorder and, the City Clark at the time: of final nap.consideration. 1.. Prior to recordation',- a Notice of ratentfon to form: Landscape and/or- Lighting Districts shall be filed with the City Council. The, engineering costs -involved Indistrict,formation shall bat bornee by the developer. ti Final parcel • and tract maps shall conform to City, standards and procedures. S. By separate document prior to the recording of the -final subdivisica maps or on the final subdivision map, these shall :be granted to the City, an: opera space easement. over Lotscommon areas said apart space �E .. easement shall ��be approved as to form by, the City Attorney and° shall. limit thea use: of said open, space- to: recreational purposesr, including buildings°, structures and Improvements. S. Should this subd vison be further divided, each final map- shall be submitted for, approval by the Director of Publie Services'. _ 7. All provisions. of the Subdivisca- Ordinance of the Poway + Municipal Code shall. be meet as they relate to the division°: of land: 8. Those portions of the subject property proposed to be held under cosmos ownership- shall be labeled suchand identifiedby- a separate let -number' on- the: final map. 9. Prior to finalmap, approval, all of the above _ improvements and requirementsshall be installed and provided, or deferred by guaranteeing installation within. two years fro:Q map recordation or prior to building permit issuancer whichever occurs firsto, by the execution: of a performance agreement, secured with sufficient securities, in a form: approved by the city, Attorney. All necessary processing fees-, deposits♦ and charges shall be paid prick to final map approval. Ia. Prion to final. map approval, all dedications shall be made and easements -granted as required above. u- The tentative maps approval shall expire on. Nov. ZO, j987 unless as application for time extension is received days prior to -expiration in accordance with the City's Subdivision Ordinance. fi 15 aF E N�� z -',JO"ftl o9do f4If,'TfVP s r :fir � •7I'. t KYTASKY PROPERTY ate• •S e j�•�S 'TZ OARCEl f 1 41 At OLD COACH ED _ — • •PROPERT~ O .;• WALKER do �. •` �� ` I ' A/fit � ` �" � � � 4 r ±� � •� �� Ilii I[r l�.j� '! r I-. Ilr� •• ,fit �f =�q dr 71— • PAR"CEL. 2 �. }! r i•+� c e, • rid: • �` • �+ ! 25.68 ACRES r•`�r S now 04 �`�'T S� �%' lT,�'• `� � I—STT � � ITEM P POWAY CITY TITLE - SCALE �N'� ATTACHMENT NOV 18 1986 ITEM 1 aft CITY OF POWAY CITY COUNCIL In the Matter of ) DECLARATION OF MICHAEL D. BRESLAUER IN SUPPORT OLD COACH FINANCIAL, INC. )' OF EXTENSION OF 'TIME TO Temporary Parcel Map k COMPLETE FINAL MAPPING Resolution P-84-74 ) Date: November 18, 1986 Time: 8:00 P.M - Place: .M.Place City of Poway Council Chambers 1, MICHAEL DBRESLAUER, declare: 1 . I am an attorney licensed to practice before the courts of the State of California.: I; am: an associate in the firm. of GRAY, CARY, AMES & FRYE and am one of the attorneys representing OLD COACH FINANCIAL, INC. ("OLD COACH") in. connection withthe matters described herein. 2. OLD COACH seeksan extension within which it may comply with the final mapping requirements set forth in the .City of Powayrs temporary Parcel Map Resolution P-84-74. 3. OLD COACH is the debtor in, possession in a Chapter I14case currently pending before the United States Bankruptcy Court for the Southern District of California and known as Case Not 86-00889-LM11.. OLD COACH filed its petition for reorganization under Chapter 11 of United States Bankruptcy Code on June 28, 1985 in the Northern District of Nevada. After that date, venue of OLD COACH'S Chapter 11 case was' transferred to the United States Bankruptcy for the Southern District of California and the case is currently pending in this district. 4 On May 1, 1986, the United States Bankruptcy Court entered its order approving GRAY, CARY, AMES & FRYE as general counsel to OLD COACH in is Chapter 11 case. Since that date, substantial efforts have been undertaken by OLD COACH and its attorneys . to reorganize the company's affairs. Theassets of OLD COACH exist primariiy of real property. 5. On February 19, 1985, judgment was entered by the United States;Bankruptcy Court for the Southern District of California In the case known as WALKER 'kr. OLS COACH FINANCIAL, INC. et al, Adversary Proceeding No. 82-00109-F11 ( the Walker judgment"'). The Walker judgment awards money damages to the Walkers and requires that OLD COACH perform a certain. Land Sale Contract for the sale by OLD COACH to the Walkers of approximately 7-6 acres of undeveloped real property located in the City of Poway.: A true and correct copy of the court r.s judgment is attached hereto as Exhibit A. and is incorporated herein by this reference. 6.. The terms of the Walker judgment require OLD COACH (as well as its principal, G. George Wright) to "promptly take all steps Poway's necessary to perform all conditions of the City of Resolution. NO. P-84-74 and to to legalize the 7.6 acreparcel".. record a final parcel map 7 Shortly after entry of the Walker judgement, OLD COACH beganto experience financial d f ficin ties: and filed its petition under Chapter 11 of the United States Bankruptcy Code. 8. OLD. COACH presently uses the services of ERB, Engineering, Inc. to provide it with real property mapping and related services. ERB Engineering has estimated that the approximate cost. to complete the final parcel mappursuant to=: Resolution P-84-74 would be between $4,000-$6,000, exclusive of city fees:.: 9. Shortly after OLD COACH'S - retention of GRAY, CARY,. AMES FRYE',. an informal plan to liquidate several assets of the estate was implemented to generate funds to pay creditors and to complete the finalparcel. map process with respect to the 7.6: acres described above. 10. To date, only one property owned by OLD COACH has. been sold. On September 8`, 198.6, the United States. Bankruptcy Court for the Southern District of California. entered its order approving thesale of OLD COACH''S real property located. in Zephyer Cove, Nevada. The sales price for the property was. One Hundred Thirty Six Thousand Five Hundred Ninety Five Dollars ($136,595.O0).Proceeds from the sale of that property, after payment of all liens, charges and encumbrances, was Thirty Five Thousand Seven Hundred Thirty Dollars and Thirty Seven Cents ($37,730'.37):. Of that sum, Twenty Nine Thousand Eight Hundred Seventy Two Dollars Ninety Six Cents ($2:9 , 872.9 6) was -3- transferred to Richard and Pamela Walker pursuant to the Walker jud.gu ent. The remander of the proceeds from this sale the sum. Five Thousand Eight Hundred Fifty Seven Dollars: Forty One Cents. (S5,-857 41) has been segregated in an interest bearing account andis still subject to the Walker judgment lien. 10. Prior to the sale of the property described above, the estate had no funds with which to carry out the provisions- of the Walker judgment, including obtaining final parcelmap approvalfor the transfer of the 7.6 acres to Richard and Pamela Walker.: 11. I am informed and believe that the Walkers consent to the use of the balance of funds contained in the segregated account in the sum of Five Thousand Eight Hundred. Fifty Seven Dollars Forty One Cents ($5 1357.41), for the purpose of obtaining final parcel map approvalfor. the 7.6 acres to be conveyed tothem pursuant to the Walker judgment. 12. No acts have been undertakentowards obtaining final parcel map approval in this matter because: (a) Until September, 1986, no funds were available to complete the final parcel map process. (b) OLD COACH has experienced financial difficulties_ and has been attempting to orderly liquidateits affairs through its Chapter. 11 Reorganization, and,. (c) A collateral dispute withan adjoining land. owner, 'Ms. Helen Katasty, regarding her conveyance to OLD COACH s4_ of access easements to benefit the remaining 25 acre parcel created by the boundary adjustment for the 7'.6 acres described above. Access to the reamainin is an express parcel. p'� xgress condition for issuance of a final parcel map. 13. Substantial time and effort has been spent in the last sixty (60: ) days toward resolving the disputes between OLD COACH, Ms. Katasty and others All parties are optimistic that a settlement involving the grant of easements required as a. condition for final map approval will be forthcoming in the near future. 14. Due to the complexity of the issues involved in this matter, the numerous parties and interests involved, " and the recent availability of funds, it isrespectfully requested that. the City Council approve an extension to complete the final map: process contemplated under Resolution P-84-74 for an additional one (1) year period from the date of expiration, or until November 20, 1987. 1 DECLARE. UNDER PENALTY OF PERJURY UNDER THE LAWS O THE STATE OF CALIFORNIA. that the foregoing is true and correct, exceptas to those matters set forth upon my information and belief, and as to those matters, believe them to be true. Executed this 18th day of November, Diego, California. a Piirr 1956, at San MICHAEL D. BRESLAD : 'PACE BOLO'' FOR ELLIAiG SYAM1'O1�tiY) , Tg L % IRlwi A. PROFE55IONAL.:CORPORATIOt'a' ATTORNEYS AT LAW CAUFORNIA FIRST BANK B1111DING 530- B STREET -14M FLOOR, SAN DIEGM CAUFORNBA 92101 L -Nin 3. _ TELEP360HE 234-dt2i r Lqr . - - fAim: Code 6=71I�� - _ JED(ems. }' Defendants/Cross-Comp3aihants;- Attflrneysfvr. ENT1s^,iD LOG ��i='Cl 7 UNITED; STATES BANKRUPTCY LOUR n}}rrR g :- - SOUTHERN' DISTRICT OF CALIFORN • �.tF� ' - 1Q j Bankru LV o P Y in Re � j� (� 82-001.09-PI-1 t 1� i2ICHAM- HUGHSON WALKER and PAMELA - ; WALKER dba WALKER`S OFF-ROAD }_ } Case Na . C8 ®`O:.9 1 " }UDGNENT ON FOT.x . a, . Debtors. T F1 V. SIXTH, , sE�IEhTF1 } AND., . EIGHTH CAUSES OF; 'ACT L OF gEt� GLEN L`• RAWLINS and. ROSE N. } CROSt3—CQMPLA -COMPLAIN-T, p, � t„ ' ' RW"!�vS �. husband and tee:, , } 3LD� CE' A EII TGIAD•, Iip��TC.�S. CROSSI- CTOi��.? ". Plaintiffs }. FOR RESCIe�.-.7' DtY } CONTRACT 19 RICHARD R WALKER and PAMEL& HELEN, ,A KER; .husband and wife, i 20 -Defendants., } } 22 : RICHARD HUGHSON WALKER and PAMELA} HELE14 WALKER r Cross-compla complainants- ,, }: 24 V. } } 25 GLEN L. RAWLINS . ROSE Mr RAWI INS t OLD. } 26 'COACH FINAiICIAL. Ii�TC r , a California } G®fporaton GEQRGE WRIGHT, .F. GODWIN; } 27 JONI `qtr STRONG; and DOES I througi� } xxxv inclus ve, } 28 } "Cross: -Defendants. } G i EXHIBI Z OLDS COACH: FINANCIAL., INC, m a } California corperati0n,: } 2. Cross-Complainant, Vw Z ` RI:CHARD_ i UGH S.ON WALKER and. } 5 PAMELA-, HELEN`Cn�.ALKER ana DOES } I through LXX,. .n.cLus%ve,,: Cross-Defendants. }° s� 9, The fourths fifth, s xth,. feventh: and eighth causes of action 10. of the cross.-complaint of 1UCHARD- HUGH.-SON WATKER and PAMELA. HELEN 11 inTALKER. (hereinafter " Wa.lker"' against OLDCOACH FINANCIAL, INC.,. g, 12 : a California: corporation,: and G. GEORGE: WRIGR7, as well, as OLD s�,� 1.3 t s a For Rescission :Of CQr�€pact COACH FSNAN:CIAL` --: INC., s. Cross- ` 34 ,having been: heard, and the, Court having considered the pleadings e Wt d s c a ►mss - :: , affidavii s:, derlar �.=ons°m req nest for admissions,, interros��tc�r ems, .-` l : answers to requests' far. admissions 'and: interrogatories, memoranda of points and: authorities P and hazng Taken gra): and. ori teen ;testimony,. and hati ng heard oral arguments:, and having heretofore` 1% made two; sets of findings of fact and conclusions of law,'a!7well 2tY as two- interlocutory judgments. and 'haurtg concur. made find.- 21. in.gs of fact. and conclusions of law concerrrzng damages :and specific - 22' per, and goodcause appearing, therefor � - 23: ' ITS; HEREBY ORDERED f ADJUDGED- AND, DECREED' that G. GEORGE. 24 idRIGIT and OLD, COACH FINANCIAL, INC. , a California corporation 2.5: are indebted toRICHARD HUGHSONI WALKER and, PAMELA HELEN WALKER 26 inn the ' sum. of $,64,973W-96. 29, t l ' Z IT IS FURTHER ORDERED, ADJUDGED and DECREED that G.. -GEORGE 2 WRIGHTand OLD COACH" FINANCIAL, INC. , a -California corporation F 3 shall,.at their sole cost and expense, promptly take all steps' 4 necessary to perform all conditions of the City of Poway's'• M . Resolution P -84--x74 and to record a final parcel map to legalize 5 _. 6 ' they 7..6 Acre Parcel described as follows: 8 A - That portion of the Northwest Quarter of the Northwest Quarter of Section 20 IO Township 13 South, Range l West, San Bernardino Meridian, in the County, of. San Diego State of California, according li to U.S. Government Survey described as - follows;12- j r Beginning at the Northwest; corner. of sazd " S z ;z 13 Section 20, thence along the Northerly. line ...: n East 806.80 thereof North: 89°12'221! feet E it7 C M, to the Westerly line of a25.00 foot wide a�; easement reserved for road and utility 15 :- z purposes;,thence alonge Westerly- esterlyl6 Northwesterly-and.Norther y lines of said 16 easement South 14 1 44 East' 86.59 feett _ thence South: 821 32 " East 261.58 feet; 2 • thence- South 5040115 . West 106.99 feet, thence South 41018,14411*West 60.85 feet; I8 thence South 6? ° 11 4241 incest 3.51.2.6 feel. thence south 19°52'03" West 2-32.98 feet- 19thence North 34x'19' 44'1 'West 153.41 Leet; thence South 58'°`28 = 05 e4 West 2:13.47 feet; 20 thence worth 60°32'40 West 53.66 feet;_ thence: North 39°21' 024'' West 224.48 feet to, 2l the Westerly line of said Section 20:;: thence along: the Westerly line thereof 22 North. 4001`24" East 631.44 feet to the 23 POINT OF BEGINNING. - EXCEPTING:. THEREFROM- the Northerly 266.39 . 24 _ feet of the Westerly 330 feet thereof . <' 25ALSO EXCEPTING THEREFROM commencing at the Northeast corner of said Section 20; 26 thence South 04°'01' 2:4" West along -the 27 West line thereof 266.39 feet tQ the TRUE. POINT OF BEGINNING; thence North 89°12'`020 East, ?50.00 feet; thence 28 South 04 0 24 West, 232.:32 feet.r thence: South 89°12` 02" Went,: 750-00 feet to: ` the West Line of said Section ` thence: 2 North 04001.1'2.41' East along said, We Eine. 232.32; feet. to the: TRUE, POINT Off'' BEGINNING... _ .31 --IT, IS FURTHER. ORDERED,, ADJUDGED AND, DECREED that uporx', reGorda- ` 5, tion of said final parcel. maps OLD COACH �FINANCIAL,r ING. ,. a Call 6 fornix corporation-, shalt, at its sole cost and expense., promptly, j 7;convey' by grant deed. to: RICHARD° HUGHSON WALKER. and PAMELA HELEN' S ' WALKER. title to: said 7'.6 -Acre, Parcel. and. road Basemen-ts as set 9 forth :below; free and clear of all liens and encumbrances= and. 10 deliver to. RICHARD- HUGHSON' WALKER: and PAMELA. HELEN TaTALKER a. policyo'f t.' tl.e insurance. issued by Safeco Title Insurance 12 Company showing showing title in the namesof RICHARD, HUGHSON: WALKER.�s a 0 C. 8 �r 13 and RAMELA HELEN WALKER free. of s.a.id encumbrances and. in a E °� aAt cv;14. lab 1^ity amount. of $32, 0:0;0,00 - 1 .. carter of Parcel 1. That portion: of the Northwest Q the Northwest Quarter of Section 20, =•= <6 TL =sha p 13. South;, Rang 1 %test.p, San ,�.. , Bernardino Meridian, in the Coui��y or ` 17 San Diego: r State- of Calif orndlar, according to U.:S., Governmentr= Survey described as 18 fol lows 19 Beginning at the. Northwest corner of. said ` Section 20,. thence a, -long theNortherlyNoline 20 thereof North. 8 9 ° 1:2 '` 2 2` °1' East 8 0 G ., 8.0 feet. to: the 'Westerly line of. a 25..0-0, foot wide= easement reservedfor road and utility p.urpo:se:s: thence: along the Westerly, Northwesterly and. Northerly lines. of said 22. 86 - easement. South 14° 15 `44"` :Eas � 8�6., 59 feet; Z:3 thenceSouth 80'21 "3°2."� 'East 267. �8, feet. thence South. 5 °' 4 0 r I51" « West 1,0 6 ., 9=9 feet;. 24 eet; thence South 41019`2411; West 60'..85 feet- w thence- Souter 67.0'11 a 4211,' West 3351 R26 feet,. 25 thence- South 19°-52103` West 23.2 98 feet,: _ thence North 3:4�°19' 44" t�Test. 1.53:..41 feet; 26 thence: South 5:8=°2.8' 05" West 213.47 feet thence North 60-0:' 321,401", West 53.66 6:6 feet;° 27 thence North 3°90,21102°" West 22.4..48' feet. to theWesterly, of said Section . 2G thence 'longthe Westerly Tine: thereof 8 North 4101"24" East 631..,44 feet to, the POINT OF' BEGINNING.: 4 k f 1 EXCEPTING THEREFROM the Northerly 266.39 feet, of the Westerly 330 feet thereof. - - ALSO EXCEPTING THEREFROM commencing at 3 the Northeast corner of said Section 20; ._. thence South 040101'24" West along the. West line thereof 266.39 feet to the r TRUE POINT OF BEGINNING; thence Horth ' 5 8RO12*02" East, 750.00 feet; thence t _ South. 04*0 • *2VI - West, 232.32 feet; 6 thence South. 89°°12102' West, 750.00 feet to the West line of said Section; thence North Q�4Q1' 24" East along said West line _ 232.32 feet to the TRUE POINT OF BEGINNING. 4 8: Parcel 2 An easement and right-of-way for ingress and egress and for road and public utilty. purpo es over, under, along and across a. 11 strip. of land 25..00, feet in width the c� _ Westerly Northwesterly and x%r`therly - a at; 32 edge of which is described as follows Z s.rQ .. w `-z_ 13 Beginning Ntion. .�� u ZO., 20 Township 13 South,: Range I West., San "w 14 Bernardino Meridian: in the County of San Diegaxr State of California,; thence along. the, ' ., .. 0_5 Northerly line of said Sect..€�n 24 thereof rt_ 89*1222 East 806.80 feet •' '=�16 to the TRS POINT QP BEGIIeiNNING s thence r South 1415=44" East 86..69 feet; thence ; 17 South 801211132" East: 2.67.58 feet; thence South 5040'15" West 106.99 feete-I thence 18 South: 410181124" West- 60..85 feet- thence South670-11 24" West 351...2.6 feet; thence 19= sou-&- 190521"03" West 232.58. feet, thence - { North 34'11.1 ` 44' I -Test 153.41 feet thence 20 South 58°28 t'05"': west 213.47 feet; thence .North; 6010,32''40" West 53.66 feet; thence 2I north 39` 21 1102 ", West 2'2:4.48 feet to the: Westerly line of said Section 20 being 22 a point 631.44 - feet South of the North- west corner of said Section 20. { 23 Parcel. 3 24 An easement and right-of-way for, ingress and. 25. egress and for roadand public utility pur-- penes and appurtenances thereto over E under, 26 along and across a strip of land 60.00 feet i- width lying within the Southwest Quarter 27 of the _Southwest Quarter, of Section 17 the Southeast. Quarter of the Southeast Quarter 28 of Section 18 and the Northeast Quarter of 9 f ~� i the Northeast Quarter of Section 19, all in Township 13 South, Range 1 West, San Bernardino 2 Base and Meridian, in the County of San Diego, State of California,. according to United. 3 States Government Survey, the center line of said 60.00 feet strip being described as 4 follows: 5 6: 8 9 10 11 A a0 12 1.42' o 13 t Ems" a • 2 14 i 15 ojit..`< M < 16 1 17 18 19 20 2 23 Commencing at the Southwest corner of said Section 17;: thence along the Southerly line of said Section 17, North. 89°11'47" East 819.65 feet to the TRUE POINT OF BEGINNING; thence North 52°04'45" West, 126.25 feet; thence North 72°24'22" West, 733.73 feet to the Easterly line of Said Section 18; thence along said Easterly line North 00°19'23" West, 43.92 feet to the intersection with a tangent 270.00 footradius curve. concave Northwesterly; thence Southwesterly along the arc of said curve through a central' angle of 67°30'30", a distance of 318.00 feet; thence along a generally Southwesterly direction to the existingtravelled County Road known as Old Coach; Road as located on November 13, 1970. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that OLD COACH. FINANCIAL take nothing by way, of its cross-complaint for re- scission of contract. 24 y`'a� 25 . . 26 27 28 r S b-' E ' DRP 56e •� -ee. Vie 141$744,1-0-14,4 �wSw. �a FEB' 19;5 00-1-t44, i Y Bi ILS. i ?' rU 2tc'; Court