Res 83-039RESOLUTION NO. 83-039
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
FINDING THAT A CERTAIN PARCEL OF REAL PROPERTY WITHIN THE
CITY OF POWAY, CALIFORNIA WAS DIVIDED IN VIOLATION OF THE
PROVISIONS OF THE SUBDIVISION MAP A~T (OWNER: NICK KULJIS)
WHEREAS, on January 17, 1983, the City of Poway issued a Notice of
Intention to File Notice of Violation on the real property described in
Exhibit "A" attached to this Resolution and incorporated by this reference
as if set forth in full at this point; and
?.5{EREAS, on March 29, 1983, the City Council of the City of Poway held
a public hearing at which both documentary and oral evidence was received;
and
WHEREAS, the owner of said real property was given an opportunity at
the hearing on March 29, 1983 to present evidence to the City Council why
such Notice of Violation should not be recorded.
NOW, THEREFORE, the City Council of the City of Poway does hereby re-
solve as follows:
SECTION 1: Findin¢s:
The City Council makes the following findings in regard to the above-
described property: .~-
On December 15, 1975, Geographical Ventures was the o¥.mer of a
parcel of real property described in TPM No. 11099. On that date
a Certificate of Compliance was recorded at File/Page No. 75-353802,
Official Records, San Diego County, California, dividing the
Geographical Ventures property into four parcels.
b. On March 4, 1977, Warren W. Hamilton purchased Parcel 2 of
Geographical Ventures' property.
Part of Warren W. Hamilton's agreement with Geographical Ventures
was that Warren W. Hamilton would obtain a parcel map to create a
240 acre parcel to be reconveyed by Warren W. Hamilton to
Geographical Ventures.
do
On June 13, 1977, at a time when Warren W. Hamilton was record
ov~er of all of Parcel 2, Geographical Ventures entered into an
agreement with Tom Liguor'i to sell him the 240 acre parcel to be
created by Warren W. Hamilton's parcel map.
Resolution No. 83-039
Page 2
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Warren W. Hamilton filed a Tentative Parcel Map (TPM No. 14579)
with the County of San Diego and on August 10, 1979, recorded a
Certificate of Compliance at File/Page No. 79-335736, Official
Records, San Diego County, California, creating four parcels from
Parcel 2 of TPM No. 11099. The property described in this Resolu-
tion is Parcel 3 of TPM No. 14579.
At the time Warren W. Hamilton divided his property pursuant to
TPM No. 14579, he had entered into binding agreements with future
purchasers to obtain additional parcel maps on the same property.
The total number of parcels to be created was approximately ten
parcels.
On November 27, 1979, Warren W. Hamilton reconveyed Parcel 4 of
TPM No. 14579 to Geographical Ventures. On that same date,
Geographical Ventures conveyed Parcel 4 to Tom Liguori.
On February 16, 1977, Warren W. Hamilton entered into an agreement
with Delbert Hughes for the purchase of the "northerly half" of
Parcel 1 of TPM No. 14579 consisting of approximately 65 acres. On
February 28, 1977, Warren W. Hamilton entered into an agreement with
Byron Hamilton, his brother, for the purchase of "a portion of"
Parcel 1 consisting of approximately 50.5 acres. Each agreement was
contingent upon the purchasers agreeing to a parcel map to create
four parcels on Parcel 1, two parcels to be retained by Hughes and
two parcels to go to Byron Hamilton. These agreements were entered
into before recording of the Certificate of Compliance pursuant to
TPM No. 14579 that created Parcel 1.
After recordation of the Certificate of Compliance, Warren W.
Hamilton entered into a furth~agreement with Delbert Hughes for
Delbert Hughes to take title to all of Parcel 1 while paying for
only a portion of it and for Hughes, after recordation of a parcel
map for Parcel 1, to convey two parcels to Byron Hamilton "with the
money consideration paid therefor being paid to Warren W. Hamilton".
Delbert Hughes was substituted for Warren W. Hamilton as the seller
of record to Byron Hamilton.
On March 9, 1981, a deed was recorded vesting title to Parcel 1 of
TPM No. 14579 in Delbert Hughes. After that date, Warren W. H~nilton
continued to exercise control over the Delbert Hughes - Byron
Hamilton transaction as if he were the seller and continued to have
a right to be paid directly by Byron Hamilton for Byron Hamilton's
purchase of two parcels to be created from Parcel 1 of TPM No. 14579.
Delbert Hughes applied to the City of Poway for a parcel map to
divide Parcel 1 into four parcels, as required by his agreement with
Warren W. Hamilton to create the parcels that Warren W. Hamilton had
agreed to sell to Byron Hamilton. His map was designated as TPM No.
17204.
Resolution No. 83-039
Page 3
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In applying for a parcel map to divide Parcel 1 of TPM No. 14579
and in agreeing to convey two of the parcels to be created to
Byron Hamilton, Delbert Hughes was, and is, an agent of Warren W.
Hamilton.
The parcels to be created by the proposed re-division of Parcel 1
of TPM No. 14579 by Delbert Hughes are less than 40 acres, gross
acreage, in size.
Nick Kuljis signed a Certificate of Ownership for Warren W. Hamilton's
property, even though he was not the owner, thus acting as au agent for
Warren W. Hamilton in connection with TPM No. 14579.
On January 28, 1980, Warren W. Hamilton and Nick Kuljis entered into
an agreement for the purchase by Nick Kuljis of Parcel 3 of TPM No.
14579. The agreement included a provision for obtaining a parcel
map on the property, Nick Kuljis to pay 25% of the cost of the parcel
map and to reconvey to Warren W. Hamilton three parcels "when buyer
can legally transfer title".
On January 8, 1981, Warren W. Hamilton and Nick Kuljis entered into
a new agreement for Nick Kuljis' purchase, containing a provision
that the parties "are participating in a parcel map" for the property
and that Warren W. Hamilton will pay 75% and Nick Kuljis will pay
25% of the cost of the map.
q. On January 12, 1981, title to Parcel 3 of TPM No. 14579 vested in
Nick Kuljis, pursuant to the agreement of January 8, 1981, for Warren
W. Hamilton to pay 75% of the cost of the Kuljis parcel map. Sub-
seQuently, Nick Kuljis applied for a Certificate of Compliance for
Parcel 3 of TPM No. 14579. Hi'map was designated as TPM No. 17101.
r. In applying for a parcel map for Parcel 3 of TPM No. 14579, Nick
Kuljis was, and is, acting as an agent for Warren W. Hamilton.
s. On January 31, 1977, Warren W. Hamilton entered into an agreement
with Barbara Miller for the purchase of Parcel 2 of TPM No. 14579.
On November 18, 1980, Warren W. Hamilton conveyed Parcel 2 to
Environco. On September 14, 1981, Environco conveyed Parcel 2 of
TPM No. 14579 to Barbara Miller. Throughout the Environco -
Warren W. Hamilton transaction, Miller was the principal and
Environco acted on her behalf.
mo
When Warren W. Hamilton filed TPM No. 14579 and recorded a
Certificate of Compliance for four parcels, he was required by the
Subdivision Map Act to file and obtain approval of a tentative and
final map for the ten parcels he intended to create.
The four parcels created by TPM No. 14579 and the Certificate of
Compliance are the result of a division in violation of the
Subdivision Map Act.
Resolution No. 83-039
Page 4
The property referred to in this Resolution and described in Exhibit
"A" is a portion of the property unlawfullY divided pursuant to
TPM No. 14579 and the Certificate of Compliance recorded August 10,
1979.
SECTION 2: Notice of Violation:
The findings set forth in Section 1 of this Resolution are the basis for
the motion adopted on March 29, 1983, directing staff to record the Notice of
Violation of the Subdivision Map Act on the land encompassed by TPM No. 14579.
PASSED, APPROVED AND ADOPTED, by the City Council of the City of Poway,
California, this 14thday of June , 1983.
Lih~a ~ravec, ~ayor- v
ATTEST:
Marjoriel/K./ Wahlsten, City Clerk
EXHIBIT "A"
Lecal DescriDtion
PARCEL 2A
Ail that portion of Sections 8, 17, and 18, Township 13 South,
Range 1 West, San Bernardino Meridian in the City of Poway, County
of San Diego, State of California as described in deed to Nick A.
Kuljis on January 12, 1981 as F~le/Page 81-009999 of Official
Records of said San Diego County, described as follows:
BEGINNING at the Northeast corner of the Northwest Quarter-of --
said Section 17, said point being an angle point in the East
boundary of said Kuljis land; thence Southerly along said
boundary and along the Easterly line cf said Northwest Quarter
South 00°13'15" East, a distance of 381.06 feet; thence leaving
said Easterly line South 86o19,26" West, a distance of 393.83
feet; thence South 73027,56'' West, a distance of 239.27 feet;
thence leaving said boundary of Kuljis land North 9o51,42-
West, a distance of 454.65 feet; thence North 40015,00'' West,
a distance of 542.21 feet to a point hereby designated as
Point "X" of this description, said point being the Northeast
corner of Parcel 79-0895C of that certain Open Space Easement
granted to the County of San Diego on August 6, 1979 as
File/Page 79-327957 of Official Records and the TRUE POINT OF
BEGINNING; thence retracing the last two (2) courses to the
Southeasterly boundary of said Kuljis land; thence Southwesterly
along said Kuljis land as follows:
South 73°27,56- West~a distance of 145.62 feet;
thence South 53°01'16'' West a distance of 236.77 feet;
thence South 37029'48" West
thence South 19°05'18" West
thence South 56004'28'' West.
....thence South 40°50'15" West
thence South 72o40'34'' West
thence North 79:55'33" West
thence South 87017'42'' West
a distance of 170.10 feet;
a distance of 169.99 feet;
a distance of 192.68 feet;
a distance of 365.52 feet;
a distance of 168.38 feet;
a distance of 283.61 feet;
a distance of 243.96 feet;
thence South 31019,58" West a distance of 98.65 feet;
thence South 37006'42'' West, a distance of 112.34 feet;
thence Sou~h 73°15'41" West, a distance of 127.77 feet;
thence Sou~h 49°30,33'' West, a distance of 170.00 feet;
thence South 47048'33'' West, a distance of 208.80 feet;
thence Sou~h 82001,40'' West, a distance of 30.08 feet;
thence lea¥ing the boundary of said Kuljis land North
37°32'22'' West, a dis=ance of 639.44 fee~;
thence North 2°51'45'' East, a distance of 200.25 feet;
tkence North 32°03'43" East, a distance of 536.89 feet;
thence North 63:10'20" East, a distance of 974.94 feet;
thence North 38°42'51" Eas~, a distance of 657.94 feet to
the Northwest corner of that aforementloned Open Space Easement
1 of 2
PARCE 2A (Continued)
granted to the County of San Diego; thence Easterly along the
North boundary of said Open Space Easement North 80°17'19''
East, a distance of 517.98 feet to previously designated
Point "X" of this description, said point being the TRUE POINT
OF BEGINNING.
RESERVING THEREFROM an easement for road and utility purposes
and incidentals thereto over that portion thereof lying within
those certain easements described in the attached EXHIBIT "B".
Parcel 2B
Easements for road and utility purposes and incidentals thereto--
as described in the attached EXHIBIT "B".
W.O. 1718
Ku!jis
DCD:ar
2/26/82
2 of 2
EXHIBIT "A"
.Legal Descriotion
PARCEL 3A
Ail that portion of Sections 7, 8, 17, and 18, Township 13 South,
Range 1 West, San Bernardino Meridian in the City of Poway, County
of San Diego, State of California as described in deed to Nick A.
Kuljis on January 12, 1981 as File/Page 81-009999 of Official
Records of said San Diego County, described as follows:
BEGINNING at the Northeast corner of the Northwest Quarte~ of --
said Section 17, said point being an angle point in the East
boundary of said Kuljis land; thence Southerly along said
boundary and along the Easterly line of said Northwest Quarter
South 00o13,15'' East, a distance of 381.06 feet; thence leaving
said Easterly line South 86o19,26" West, a distance of 393.83
feet; thence South 73o27,56- West, a distance of 239.27 feet;
thence leaving said boundary of Kuljis land North 9o51,42'' West,
a distance of 454.65 feet; thence North 40o15,00', West, a dis-
tance of 542.21 feet to a point hereby designated as Point "X"
of this description, said point being the Northeast corner of
Parcel 79-0895C of that certain Open Space Easement granted to
the County of San Diego on August 6, 1979 as File/Page 79-327957
of Official Records; thence retracing the last two (2) courses
to the Southeasterly boundary of said Kuljis land; thence South-
westerly along said Kuljis land as follows:
South 73o27,56- West, a distance of 145.62 feet;
thence South 53o01,16`' West~a distance of 236.77 feet;
thence South 37°29,48'' West, a distance of 170.10 feet;
thence South 19°05,18- West, a distance of 169.99 feet;
thence South 56004,28'' West, a distance of 192.68 feet;
thence South 40o50,15" West, a distance of 365.52 feet;
thence South 72040'34'' West, a distance of 168.38 feet;
thence North 79o55,33- West, a distance of 283.61 feet;
thence South 87o17,42- West, a distance of 243.96 feet;
thence South 31019,58" West, a distance of 98.65 feet;
thence Sou~h 37006,42" West, a distance of 112.34 feet;
thence South 73~!5,41- West, a distance of 127.77 feet;
thence South 49030,33TM West, a distance of 170.00 feet;
thence South 47o48,33,, West, a distance of 208.80 feet;
thence South 82:01,40,, West, a distance of 30.08 feet;
thence leaving the boundary of said Kuljis land North
37°32'22'. West, a distance of 639.44 feet;
thence North 2o51,45'' East, a distance of 200.25 feet;
thence North 32~03,43- East, a distance of 536.89 feet
to a point hereby des' ~-~' .
lg..=~_c as Polnt "Y" of th,s description
t~ ...... ~ 3o~ ;
....... No .... 6 -0'20" East, a distance of 974.94 feet;
thence North 38042,51,, East, a distance of 657.94 feet to
the ~':orthwest ccrner of that aforementloned Open Space Easement
1 of 2
PARCEL 3A {C6ntinued)
granted to the County of San Diego; thence Easterly along
the North boundary of said Open Space Easement North 80°17'19"
East, a distance of 517.98 feet to the previously designated
Point "X", said point being the TRUE POINT OF BEGINNING; thence
retracing the previous three (3) courses to the previously des-
ignated Point "Y"; thence North 44020,29" West, a distance of
307.61 feet; thence North 30°32,51'' West~ a distance of 354.15
feet; thence South 88035,08'' West, a distance of 405.12 feet;
thence North 62058,45'' West, a distance of 197.81 feet to a
point in the Northwesterly boundary of said Kuljis
Northeasterly and Southeasterly along the boundary land; thence
of said
Kuljis land as follows: North 27°01'15" East, a distance-of --
40.61 feet to the beginning of a tangent 200.00 foot radius
curve concave Southeasterly; thence along the arc of said curve
through a central angle of 33019'20", a distance of 116.32 feet;
thence tangent t~ said curve North 60o20,15'' East, a distance
of 130.20 feet to the beginning of a tangent 200.00 foot radiu~
curve concave Southerly; thence along the arc of said curve
through a central angle of 26003,37'', a distance of 90.97 feet;
thence tangent to said curve North 86023,53'' East, a distance
of 22.72 feet to the beginning of a tangent 300.00 foot radius
curve concave Northwesterly; thence along the arc of said
curve through a central angle of 38049,32'', a distance of 203.29
feet; thence tangent to said curve North 47°34,21'' East, a dis-
tance of 573.52 feet to the beginning of a tangent 700.00 foot
radius curve concave Northwesterly; thence along the arc of
said curve through a Central angle of 23050'43'', a distance of
291.32 feet; thence tangent to said curve North 23o43,38- East,
a distance of 400.37 feet to the beginning of a tangent 300.00
foot radius curve concave Southeasterly; thence along the arc
of said curve through a central angle of 26005,56''' a distance
of 136.65 feet; thence tangent to said curve North 49o49,35-
East, a distance of 116.61 feet; thence South 55o34,22,, East,
a distance of 1368.55 feet to an angle point in the boundary
of said Kuljis land, said point bears North 40015,00'' West,
a distance of 329.36 feet from previously designated Point "X";
..thence South 40015'00'' East, a distance of 329.36 feet to said
Point "X" and the TRUE POINT OF BEGINNING.
RESEKVING THE.~EFROM an easement for road and utility purposes
and incidentals thereto over that portion thereof lying within
tkose certain easemen%s described in the attached EXHIBIT "B".
Parcel 3B
Easements for road and utility purposes and incidentals thereto
as described in the attached EXHIBIT "B".
W.O. 1718
Ku!]is
DCD:=~
2/26/S2
2 of 2
EXHIBIT "A"
Legal Description
PARCEL 4A
Ail that portion of Sections 7 and 18, Township 13 South, Range
1 West, San Bernardino Meridian in the City of Poway, County of
San Diego, State of California as described in deed to Nick A.
Kuljis on January 12, 1981 as File/Page 81-009999 of'Official
Records of said San Diego County, described as follows:
BEGINNING at the Northeast corner of the Northwest QuartSr of
Section 17, Township 13 South, Range 1 West, said point being
an angle point in the East boundary of said Kuljis land;
thence Southerly along said boundary and along the Easterly
line of said Northwest Quarter South 00°13,15'' East, a dis-
tance of 381.06 feet; thence leaving said Easterly line
South 86019'26'' West, a distance of 393.83 feet;
thence South 73027'56'' West, a distance of 384.89 feet;
thence South 53°01'16'' West, a distance of 236.77 feet;
thence South 37029'48'' West, a distance of 170.10 feet;
thence South 19°05'18'' West, a distance of 169.99 feet;
' thence South 56004'28`' West, a distance of 192.68 feet;
thence South 40°50'15'' West, a distance of 365.52 feet;
thence South 72°40'34" West, a distance of 168.38 feet;
thence North 79055'33'' West, a distance of 283.61 feet;
thence South 87017'42'' West, a distance of 243.96 feet;
thence South 31~19'58" West~ a distance of 98.65 feet;
thence South 37'06'42" West,. a distance of 112.34 feet;
thence South 73~15'41" West, a distance of 127.77 feet;
thence South 49030'33" West, a distance of 170.00 feet;
thence South 47~48'33" West, a distance of 208.80 feet;
thence South 82°01'40'' West, a distance of 30.08 feet;
to a point hereby designated Point "Z" of this description;
thence leaving the boundary of said Kuljis land North
37032'22'' West, a distance of 639.44 feet;
thence North 2c51'45'' East, a distance of 200.25 feet;
thence North 32003'43'' East, a distance of 536.89 feet;
thence North 44020'29'' West, a distance of 307.61 feet;
thence North 30:32'51" West, a distance of 354.15 feet;
thence South $8:35'08'' West, a distance of 405.12 feet;
thence North 62°58'45'' West, a distance of 197.81 feet
to a point in the Northwesterly boundary of said Kuljis
land, said point hereby designated Point "P", said point
being the TRb~ POINT O~ BEGINNING; thence retrace the pre-
vicus 7 courses to Point "Z" in the boundary of said Kuljis
land; thence a!cn9 the boundary of said lan~ South 82o01'40"
West, a distance of 118.37 feet;
1 of 2
PARCEL 4A (Continued)
thence South 59°24,01'' West, a distance of 190.02 feet;
thence South 27°53,19" West, a distance of 96.86 feet;
thence South 3°39'10" West, a distance of 306.36 feet;
thence South 57o22,26- West, a distance of 155.25 feet;'
thence North 57054,07" West, a distance of 104.18 feet;
thence North 86°17'28" West, a distance of 123.04 feet;
thence South 51007'29'' West, a distance of 106.24 feet;'
thence South 10~25,15- West, a distance of 127.49 feet;
thence South 44~42'47" West, a distance of 198.74 feet;
thence North 84°32'04'' West, a distance of 156.60 feet;
thence South 75°41,50- West, a distance of 238.32 feet
to the Southwesterly corner of said Kuljis land; thence
along the West boundary of said land North 00033,37'' West,
a distance of 2138.61 feet to a point on the arc of a non-
tangent 1000.00 foot radius curve, concave Southeasterly
a radial line to said curve bears North 64057,26`' West;
thence along the arc of said curve through a central angle
of 1°58'41", a distance of 34.52 feet; thence tangent to
said curve North 27°01'15'' East, a distance of 560.73 feet
to previously designated Point "p" and the TRUE POINT OF
BEGINNING.
RESERVING THEREFROM an easement for road and utility purposes
and incidentals thereto over that portion thereof lying
within those certain easements described in the attached
EXHIBIT "B".
Parcel 4B
Easements for road and utility purposes and incidentals thereto
ad described in the attached EXHIBIT "B".
W.0. 1718
Ku!jis
DCD:ar
2/26/82
2 of 2
'EXHIBIT "B"
Road Easement
Legal Description
· PARCEL 5A
D~n easement for road and utility purposes over, under, along and
across a strip of land 60.00 feet in width lying within the South-
east Quarter of Section 18 AND the Northeast Quarter of Section 19,
all being in Township 13 South, Range 1 West, San Bernardino Meri-
dian, in the City of Poway, County of San Diego, State of California,
according to Official Plat thereof, the center line of said strip
being described as follows:
COMMENCING at the center of said Section 18; thence along the East-
West center line of said Section 18, South 89°45,27- East, 142.68 _-
feet to a point on the arc of a non-tangent 220.00 foot radius
curve, concave Easterly, a radial line.of said curve bears North
64°08'53" West to said point and being the TRUE POINT OF BEGINNI~G;
thence Southerly along the arc of said curve through a central angle
of 46°29,5~', a distance of 178.54 feet; thence tangent to said curve
South 20038,49'' East, 358.7'3 feet; thence South 13035,47'' East,
229.25 feet; thence South 05013,50'' East 237.03 feet; thence South
01°01'07" West, 296.11 feet to the beginning of a tangent 1100.00
foot radius curve, concave Easterly; thence Southerly along the
arc of said curve through a central angle of 09o43,4[,, a distance
of 186.77 feet; thence tangent to said curve South 08o42,34- East,
165.96 feet to the beginning of a tangent 200.00 foot radius curve,
concave Westerly; thence Southerly along the arc of said curve
through a central angle of t9°03,46'' a distance of 66.54 feet;
thence tangent to said curve South 10o21,12,, West, 170.91 feet to
the beginning of a tangent 300.00 foot radius curve, concave North-
westerly; thence Southwesterly~long the arc of said curve through
a central angle of 18°35'217 a distance of 97.33 feet; thence tan-
gent to said curve South 28o56,33'' West, 163.74 feet to the begin-
ning of a tangent 1300.00 foot radius curve, concave Southeasterly;
thence Southwesterly along the arc of said curve through a central
angle of 27°54,14- a distance of 633.12 feet; thence tangent to
said curve South 01°02,19,, West, 299.99 feet to the beginning of
a tangent 550.00 foot radius curve, concave Northwesterly; thence
Southwesterly along the arc of said curve through a central angle
of 23°44'51" a distance of 227.96 feet; thence tangent to said
"~ 10" .
curve So .... 2~47, West, 137 14 feet to the beginning of a tan-
gent 100.00 foot radius curve, concave Easterly; thence Southerly
along the arc of said curve through a central anmle of 71°27'31''.
a distance of 124.72 feet; thence tangent to sai~ curve South
46°40'21" East, 49.88 feet to the cen~er line of County Road Sur-
vey ~o. 722 (known as Old Coach Road) accordinm to plat thereof
on file in the Office of the County Engineer o~ San Diego Count,...
Said easement to terminate Northerly in the Northerly line of t~e
Soutlleast ~,, ~ ~ of
~a~~e. said Section 1~ and tc terminate Souther!v
in the cen~er line of said Old Coach Road. ·
i of 6
(EXHIBIT "B" CON'T) ..
Road Easement
Legal Description
PARCEL 6A
An easement for road and utility purposes and incidentals thereto
over, under, along and across a strip of land 60.00 feet in width,
lying within the Southeast Quarter of Section 7 AND the West Half
of Section 8 AND the Northeast Quarter of section 18, all being in
Township 13 South, Range 1 West, San Bernardino Meridian, in the
City of Poway, County of San Diego, State of California, according
to Official Plat thereof, the center line of said strip being
described as follows:
CO~U4ENCING at the Northwest corner of the Southerly 30.00 feet of
the Easterly 30.00 feet of the Northwest Quarter of said Section
18, being a point herein designated as Point "Z"; thence parallel
with the East-West center line of said'Section 18 South 89045,27.'
East, 30.07 feet to the Westerly line of the Northeast Quarter of
said Section 18 and being the TRUE POIJ~ OF BEGm~,NI~,G; thence con-
tinuing along said parallel line South 89°45,~ -
~7 East, 162.80 feet
to a point distant thereon 192.7g feet Easterly therea!ong from
said Point "Z"; thence North 41°38'23- East, 997.82 feet; thence
North 10°11,00'' East, 756.56 feet to the beginning of a tangent
1000.00 foot radius curve, concave Southeasterly; thence North-
easterly along the arc of said curve through a central angle of
14~51'34'' a distance of 259.35 feet to a point on the Westerly
line of the East Half of the Northeast Quarter of said Section 18
distant thereon South 00~33,37. East, 454.03 feet from the North-
west corner of said East~Half of the Northeast Quarter, a radial
line of said curve bears North 64~57,26- West to said point; thence
continuing Northeasterly along the arc of said curve through a
central angle of 01~58'41" a di%tance of 34.52 feet; thence tan-
gent to said curve North 27:01,15'' East 601.35 feet to the begin-
ning of a tangent 200.00 foot radius curve, concave Southeasterly;
thence Northeasterly along the arc of said curve through a cen-
tral angle of 33:19~01'' a distance of 116.30 feet; thence tangent
to said curve ' ~
No~h 60~20,16', East, 130.20 feet to the beginning
of a tangent 200.00 foot radius curve, concave Southeasterly;
thence Northeasterly along the arc of said curve through a central
angle of 26:03'37'' a distance of 90.97 feet; thence tangent to
said curve North 86023,53" East, 22.72 feet to the beginning of a
tangent 300.00 foot radius curve, concave Northwesterly; thence
Northeaster!,:~ along the arc of said curve through a central angle
of 38°49'32'' a distance of 203.29 fee%; thence tangent to said
curve North 47°34,21`' East, 573.52 feet to the beginning of a
tangent 700.00 foo~ radius curve, concave Northwesterly; thence
Northeasterly along the arc of said curve through a central angle
of 23:50'43" a distance of 291.33 feet; thence tangent to said
curve >:orth 23°43'38'' East 400.37 feet to ~he beginning of a tan-
gent 200.00 fco% radius curve, concave Southeasterly; thence
No .... e-s~er!v alone the arc of said curve
_ - t.._Oug., a central angle
of 26°05'5,'' a ~stance of 136.65 feet; thence tancent to said
curve Nor_n .9 .9'35' East 336.37 feet to the beglnninc of a tan-
gent !20.00 foct radius curve concave liorth%{esterlv. ~hence No_ ~..-
easter~' along the arc of said curve through a central angle of
27~52'i0'' a dlstance of 48.64 feet: thence tangent to said CUrve
£XHIBIT "B" CON~)
Parcel 6A (Con't)
21057'25'' East, 125.21 feet; thence North 29°19,12- East,
220.27 feet to the beginning of a tangent 100.00 foot radius
:urue, concave Westerly; thence Northerly along the arc of said
:urve through a central angle of 49033'57'' a distance of 86.51
thence tangent to said curve North 20014'45'' West, 43.44
~eet to the beginning of a tangent 150.00 foot radius curve, con-
:a~e Easterly; thence Northerly along the arc of said Curve %hrou~
:entral angle of 51014'20'' a distance of 134.14 feet; thence
ent to said curve North 30°59'35" East, 75.10 feet; thence
48°40'31'' West, 206.60 feet to the beginning of a tangent
.00 foot radius curve, concave Northeasterly; thence North-
.y along the arc of said curve through a central angle ~f ----
34028'00'' a distance of 60.16 feet; thence tangent to said curve
14°12'31'' West, ~19.38 feet to the beginning of a tangent
100.00 foot radius curve, concave Southwesterly; thence North-
.y along the arc of said curve through a central angle of
46021'55'' a distance of 80.92 feet; thence tangent to said curve
;orth 60034'26`' West, 76.29 feet to the beginning of a tangent
.00 foot radius curve, concave Northeasterly; thence North-
.y~along the arc of said curve through a central angle of
50°33'31'' a distance of 132.36 feet; thence tangent to said curve
10000'55'' West, 181.39 feet to the beginning of a tangent
300.00 foot radius curve, concave Easterly; thence Northerly along
arc of said curve through a central angle of 23°34'28- a dis-
~ance of 123.44 feet; thence tangent to said curve North 13033'33''
t, 239.19 feet to the beginning of a tangent 200.00 foot rad-
ius curve, concave Westerly; thence Northerly along the arc of
aid curve through a central angle Df 19011'57'' a distance of
.02 feet; thence tangent to said~curve North 05038,24'' West,
.10 feet to the beginning of a tangent 200.00 foot radius curve,
Easterly; thence Northerly along the arc of said curve
h a central angle of 22053'59'' a distance of 79.94 feet;
thence tangent to said curve North 17015'35'' East, 193.34 feet
to the beginning of a tangent 200.00 foot radius curve, concave
y; thence Northerly along the arc of said curve through
~ .central angle of 26°55'31'' a distance of 93.99 feet; thence '~
tangent to said curve North 09~39'56" West, 102.54 feet to a
)oint on the arc of a non-tangent 113.00 foot radius curve, con-
Soutkwester!y, a radial line of said curve bears South
~0°07'37" East to said point; ~hence Northwesterly along the
arc of said curve through a central angle of 91°27,15'' a dis-'
tance of 180.37 feet; thence tangent to said curve North 81034'52''
297.63'feet; thence ~orth 40°38'14" West, 113.02 feet to
the Northwest corner of the Southwest Quarter of the Northwest
.uarter of said Section 8. Said easement to terminate Northwesterly
the Northerly and Westerly lines of the Southwest Quarter of
the i~or%hwest Quarter of said Section 8.
(EXHIBIT "B" CON'T)
PARCEL 7A
Road Easement
Leqal Description
An easement for road and public utility purposes over, under,
along and across a strip of land 60.00 feet in width lying within
the Northeast Quarter of the Northeast Quarter of Section 7, Town-
ship 13 South, Range 1 West, San Bernardino Meridian, in the City of
Poway, County of San Diego, State of California, according to Official
Plat thereof, the center line of sai~ strip being described as follows:
COMmeNCING at the Southeast corner of the Northeast Quarter of the
Northeast Quarter of Section 7; thence along the Southerly line of _-
said Northeast Quarter of the Northeast Quarter, South 89o26,38-
West, 50.00 feet to a point on the arc of a non-tangent 700.00
foot radius curve, concave Southwesterly, a radial line of said
curve bears North 64055,00.' East to said point and being the TRUE
POINT OF BEGINNING; thence Northwesterly along the arc of said
curve through a central angle of 52°00,00'' a distance of 635.30
feet to the beginning of a reverse 250.00 foot radius curve; thence
Northwesterly along the arc of said curve through a central angle
of 75~00'00- a distance of 327.25 feet; thence tangent to said
curve. North 02~05,00- West to the center line of County Road Sur-
vey No. 1140 (known as Highland Valley Road) according to plat
thereof on file in the Office of the County Engineer of San Diego
County. Said easement to te~n~inate Southerly in the Southerly
line of the Northeast Quarter of the Northeast Quarter of said
Section 7 and to terminate Northerly in the center line of said
Highland Valley Road.
PARCEL 8A
An easement for road and utility purposes and appurtenances thereto
over, under, along and across that portion of the Southeast Quarter
of the Northeast Quarter of Section 7, Township 13 South, Range 1
West, San Bernardino Meridian, in the City of Poway, County of San
Diego, State of California, according to plat thereof lying North-
easterly of a line described as follows:
CO."L'"'~-:~CI::G at h_ :~ort?.east corner of said Southeast Quarter of the
t ~
Northeast Quarter; thence along the Easterly line of said Southeast
Quarter of the Northeast Quarter, South 00~25,57,,. :';est, 45.66 feet
to the Southwes~er!y line of the Northeasterly 30.00 feet of land
described in deed to IVON J. PARKER, recorded J.anuary 31, 1978 as,
File No. 78-03S964 and being the TRUE POI.~;T OF Br ~ -,
-G~N~ING; thence
alon~ sai~d Sou~?.:¢ester!v line , ~
~ North 40°38,14" West, 59.68 feet to
the '.' ~-~ .
..o ..... ~" ~-e of s~id Southeast Quarter of the North. east
Quarter of Sec%ion 7.
9A
Road Easement
~egal Description
easement for road and utility purposes and incidentals thereto
under, along and across a strip of land 60.00 feet in width
within the West Half of the Northeast Quarter of Section
· Township 13 South, Range 1 West, San Bernardino Meridian,
the City of Poway, County of San Diego, State of California,
cording to Plat thereof, the center line of said strip being
~scribed as follows:
~NG at the Northwest corner of t'he Southerly 30.00 feet
the Easterly 30.00 feet of the Northwest Quarter of said Section --
thence parallel with the Southerly line of the North Half
said Section 18, South 89o45,27,, East, 192.87 feet; thence
41°38'23" East, 503.97 feet to the beginning of a tangent
5.00 foot radius curve, concave Southerly and being the TRUE
)INT OF BEGINNING; thence Easterly along the arc of said curve
~rough a central angle of 85°04,52" a distance of 126.22 feet;
~ence tangent to said curve South 53o16,45- East, 139.03 feet;
~ence South 38°58,15- East, 303.24 feet; thence South 67021,43''
Lst, 190.50 feet to the Northerly line of the Southerly 30.00
~et of the North Half of said Section 18; thence along said Northerly
~ne South 89°45,27. East 279.28 feet to the Westerly line of
~e East Half of the Northeast Quarter of said Section 18.
iCEPTING therefrom that portion lying with Parcel 6A hereinabove
~scribed. · '~
10A
~
easement for road and utility purposes and incidehtals thereto
er, under· along and across a striP of land 60.00 feet in width
ing within the North Half of Section 17 AND the East Half of
e Northeast Quarter of Section 18, all being in Township 13
uth, Range 1 West, San Bernardino Meridian, in the City of Poway,
unty of San Diego, State of California, according to Official
at thereof, lying 30.00 feet on each side of the following described
nter line:
G at a point in the West line of the East Half of the
t Quarter of Said Secuion 18, said point bears North 00033,37"
st 30.88 feet from the Southwest corner of said West Half; thence
75°41'50" East a distance of 238.32 feet; thence Souuh 84°32'04-
st a distance of 156.60 feet; thence North 44o42,4'7- East a
stance of 198.74 feet; thence North 10°25,15'' East .a distance
127.49 fee=; thence North 51o07,29'' East a distence of 106.24
~; thence South 86o17,28,, East a distance of 123.04 fee~; thence
57°54'07'' East a distance of 104.18 feet; thence North 57022'26''
~t a distance of 115.91 feeu to the beginning of a tangent 150.00
~ radius curve concave S ~
ou .... asterly; thence Northeasterly
the arc of said curve through a central angle of 16025'00''
5 of 6
a distance of 42.98 feet to the beginning of a reverse 150.00
foot radius curve concave Westerly a radial line bears North 16012'34''
West; thence Northerly and Northeasterly along the arc of said
curve through a central angle of 98034'47'' a distance of 258.08
feet to the beginning of a reverse 200.00 foot radius curve concave
Easterly a radial line bears North 65012'39'' East; thence Northerly
and Northeasterly along the arc of said curve.through a central
angle of 84011'22'' a distance of 293.88 feet; thence tangent to
said curve North 59°24'01'' East a distance of 56.29 feet; thence
North 82001'40`' East a distance of 148.44 feet; thence North 47048'33''
East a distance of 208.80 feet; thence North 49030'33'' East a
distance of 170.00 feet; thence North 73°15'41`` East a distance
of 127.77 feet; thence North 37006'42'' East a distance of 112.34
feet; thence North 31019'58'' East a distance of 98.65 feet; thence --
North 87017'42'' East a distance of 243.96 feet; thence South 79055'33''
East a distance of 283.61 feet; thence North 72°40'34'' East a
distance of 168.38 feet; thence North 40°50'15'` East a distance
of 365.52 feet; thence North 56004'28'' East a distance of 192.68
feet; thenc.e North 19°05'18'' East a distance of 169.99 feet; thence
North 37029'48'' East a distance of 170.10 feet; thence North 53°01'16`'
East a distance of 236.77 feet; thence North 73027'56'' East a
distance of 384.89 feet; thence North 86019'26'' East a distance
of 393.83 feet to the POINT OF TEk~INUS.
The sidelines of said 60.00 foot strip of land shall be lenghtened
and/or shortened as to form a continuous strip of uniform 60.00
foot width terminating Westerly in the West line of the East Half
of the Northeast Quarter of Section 18 and Easterly on a line
which bears North 0°13'15"'West through the POINT OF TEkqINUS.
6 of 6