• -MINUTE ITEM

This Calendar Item ~o. .J? CALENDAR rn:E:M was aJ)P-roved as Mtnutt; ltem No. a' 2 by the State Lands Commission by a vote of -;iJ to ·- (I at Its ,J/,,,).3 / liJ 2 7 meeting.

AMENDMENT OF MINUTE ITEM 18, COMMISSION MEETING OF NOVEMBER 23, 1981

AUTHORIZING EXECUTION OF A BOUNDAR1'l SETTLEMENT AND EXCHANGE AGREEMENT

BETWEEN L R PARTNERSHIP LTD. AND THE STATE' OF CALIFORNIA

At AGUA HEDIONDA LAGOON, SAN DIEGO COUNTY

3/23/82 w 503.988 A. Scott Fossum Wylie

The Comm:i',ssion, at its meeting of November 23, 1981, approved an1 authc1rized execution of a title settlement agreement involving; a parcel of land adjoining'Agua Hedionda Lagoon in San Di·,~go County. During the process of preparing for exectit~on -~f the required agreement, the finding. required by Secti'b~I 6307 of the P.R.C. regarding filled a.nd reclaimed tidelands ~as omitted from the staffs recommendation. In order to cpmplete and finalize the settlement agreement, such a finding must be made by the Commissi(m. Al:so, the original l~~gal description requires modification, and has been revise1d to describe separately each parcel involved in the prev.ti.ous1y approved transaction. The amend1~d and additional exhibits are Exhibits B through G.

AB 884:

EXHIBITS:

N/A.

A. Site Map. B. Agreement Area. C. Legal Description of Boundary .Lin~ D. L~gal Description of Agreement A~ea. E. Legal Description of Parcel to State. F. Legal Description of Access to State. G. Legal Description 6f Par~el to Private

Parties.

IT IS THEREFORE RECOMMENDED THAT THE COMMISSION:

AMEND MINUTE ITEM 18, OF ITS MEETING OF NOVEMBER 23 1 1981, BY AMENDING AND ADDING THE FOLLOWING FINDINGS:

1. FINDING NO. g - THAT UPON EXECUTION AND RECORDATION OF THE BOUNDARY LINE AND EXCHANGE AGREEMENT THE COMMISSION FINDS AND DEC~ .. ARES THAT ~ .. HE LANDS DESCRIBED IN E.<HIBIT "G", ATTACHED HERE1l0, HAVE BEEN IMPROVED, FILLED, AND RECLAIMED, AND HAVE THEREBY BEEN F.XCLUDED FROM THe PUBLIC ChANNELS

-- A 76 s 38 -1-

CALENDAR PA~;--=~6 MINUrE f>AGE _z 5 7 -

CAtlENDAR ITEM NO. 2 7 (CONTD) ~ .............

AND ARE NO LONGER AVAILABLE OR USEFUL OR SUSCEPTIBLE OF BEING USED FOR NAVIGATION AND FISHING Ai~D ARE NO LONGER TN FACT TIDELANDS OR SUBMERGED LAND~\, A~m PURSUANT TO THIS AGREEMENT ARE FREED. FROM THE PUBLIC TRUST FOR NAVIGATION AND FISHING.

2. ADD PARAGRAPH NO. 9 - DIRECT THE STAFF OF THE COMMISSION TO REVIEW AND APPROVE THE SURVEY MAP PRIOR 1:0 I'rS RECORDA­TION, PURSUANT TO THE TERMS OF THE SETTLEMI~N'l' AGREEMENT.

3. ADD FINDING NO. 10 - SUBSTITUTE THE ATTACHED AGREEMENT AREA MAP MARKED EXHIBIT "B" FOR THAT AGREE~IEHT AREA MAP CONTAINED IN THE SUBJECT MINUTE ITEM 18., EXHIBIT "B".

4. ADD FINDING NO. 11 - SUBSTITUTE THE ATTACHED ·LEGAL DESCRIPTION MARKED EXHIBIT "C" FOR THAT LEGAL. DESCRIPTION CONTAINED IN THE SUBJECT MINUTE ITEM 18, EXHLlHT "C".

5. ADD FINDING NO. 12 - ADD THE FOLLOWING EXHIBI'l1S ATT'ACHED HERETO AND MARKED EXHIBITS "D", "E", "F11 AND tiG".

-~-

L.C-Al.-EN-D-AR-f-'A-GE-~ MINUTE PAGE ~

• ,,,u

0 F

A TA L I N A

•

•

IT II A"' EXHIB w 503. 988

''

CALi!NDAR PAGE

-1----·----- ·------fM:'.IN:U:T:-E :PA:G:F.~- --;"':'TY.,.---

AGUA • "' .

LAGOON

SET 3/4 11 J.P. X 2.411

r;46GEO t..S. 42 53 ~lb'SH

I EXHIBIT B l 1.w so3.988 \

HEDI~.~~ EX/.;/,::: /7S . ~~LEN-JAR PAGI!

:;:_ :J ~>'hibi~D" Area of Agree ~U;E PAGE.

-; ·:3- txiifbit "t:'" Parcel to Sta ;r-'"'--· - :.. > ~xhibit "F" Ar.cl!s!. tc '\t:ate _µ__ txh lb'lt 11 G" rarce l cl ea~cd to tlrl :;o: 'e Part/

Exhibit ucu 0· · escript1on of Boundary· L1nc

-· -

•

•

EXH rn rr 11c 11

LAND DESCRIPTION w 503.988

A 1i ne. 404. 57 feet 1 ot1g in Lot 11 I 11 of Ranchq Agua Hedi onda, in the City of Carlsbad, ,Cou.nty Jf San Dieso, State of ·Cal1fornia, ac~or.~ing to Map thereof Nq. 823, filed in the Office of the County Recorder ol said county, described as follows:

BEGINNING at the said TRUE POINT OF BEGINNING of ;sa~d EXHIBIT 11 811

; thence N 71° 33 1 55 11 E 206.14 feet~- thence S 59° 29 1 39•· E 251.51 feet· thence S 25° 01 1 16 11 W

' ' ' , ' 6:S2. 37 feet tq the·1begi nni ng of the herein described line; thence N 73° 36 1

• 47 11 i~ 404.57 feet more or less to a point in the southeasterly Tine of sai·d land of Phipps as described in said EXHIBIT 11 E11

, that is S 25° bl 1 15 11 W 605.37 feet from the said true point of beginning and the end of the herein.described line.

Said herein described Compromise Boundary Line is shown on that certain record of survey recorded as Survey No. , Records of San Diego County •

E~P OF DESCRIPTION

•REVIEWED MARCH. 4, 1982 Bf TECHNICAL SERVICES UNIT, ROY MINNICK~ SUPERVISOR •

CALENDAR PAGE

t.,!NUTE PAGE

• •

•

•

LAND DESCRIPTION w 503.988

That portion ·p1r Lot 11 111 of Rancho Agua Hedi.mda, Hi the City of Carlsbad, County of San:.Cliego, State,of California, ac.cordlng to Map thereof No. 823r f i 1 ed in the Uf1fi ce of the County Recorder of San Di ego County, described as follows:

BEGINNING at Corner No. 15 of said Lot 11 111 as shown on said Map No. 823; thence southeasterly ~long the .!>outherly line of said Lot 11 111

, S 53° 44' 35 11 E 4Q~.45 feet to the most southwesterly corner of that parcel of land described in deed tq Ro..b.ert W. Phipps, et UX', rec9rded October G9, 1958, under Doctiii)~n± ~·h. 179767 of Official ·Records; thence along the bqundary line 6f said land as follows: H 25° 01' 15 11 E (Recor'd-N 24° 53' 50 11 E) 597.82 feet; thence continuing along s1;id boundary line S 47° 36 1 05 11 E 153.79 feet to the ~eginni r,g of a tangent curv~, concave northerly, having a radius of 355.00 feet; thance e~st~rly a·long said' cutr've 37,p.92 feet,, through .an angle 9f 60° 50' 00"; thence tangent to said curve N 71° 33' 5.~ 11 E 100. 40 feet to the north­easterly corner of said l~nd and 'the TRUE POINT OF BEGINNING; tl1ence continuing N 71° 33' 55 11 E 206.14 feet; thence S S9° 29' '19° E 251.51 feet; thence S 25° 01' 15 11 W 902.0S_feet to che southwesterly 11ne of said Lot; the~ce N ·54° 25 1 37 11 \1, ~long said sl1uthwe~terly line 400.00 feet to the southeasterly corner of sairl Phipps land; thence N 25° 01. 1 15 11 E along the southe(lsterly line of said land, 780. 49 feet ~o the true point 6f beg.inning.

E:CCEPTING THEREFROM aTl oi 1, gas dnd· other hy~rocarbons lying 500 .00 feet below the surfa~e of said land, but without right of entry to remove the same, as granted to Carlsbad Bay Properties ~td., a limited partnership by deed recorded June 10, 1968, as File No. 963~3.

Said land is shown on that certain record of survey recorded as Survey No. , Records of San Diego County.

END OF DE-SCRIPTION

REVIEWED MARCH 4, 1982 BY TECHNICAL SERVICES UNIT, ROY MINNICK, SUPERVISOR .

CALENDAR PAGE

MINUTI! PAGE

• e

•

•

EXHIBIT "E"

LANO DESCRIPTION w 503.988

That portion of Lot "I" of Rancho Agua Hedi'onda, irl thq City of Carlsbad, County of San Diego, State of California, according to :Map thereof No. 823, filed i.1 the Office of the County Recorder of San DiegQ, County, described as fol lows:

BEGINNING at Corner No. 15 of said Lot "1 11 as shown on said Map No. 823; thence southeasterly ~long the southerly line of said Lot 11 111 S 53° 44' 35 11 E 499.45 feet to the most southwesterly corner of that parcel of land describ,ed in deed to Robert W. Phipps, et ux, recorded October 29 ~ 19~i8 under Document No. 179767 of Official Records; thence along the boundary line of said land as follows: N 25° 01' 1511 E (Record-N 24° 53' 50" E) 597.82 feet; thence continu'lng along said boundary line S 47° 36' 05" E 153.79 ,,feet to the beginning of a tangen~ curve, concave no~~therly, havfrlg a radius of 355.00 feet; thence easterly aTong said cur\i,e 376. 92 feet, through an angle of 60° 50 1 100 11

; thence tangent to said curve N 71° 33' 55 11 E 100 .• 40 feet! to the north·· easterly corner of said land and the TRUE POINT OF BEGINNING; thence continuing N 71° 33 1 55" E 206.14 feet; thence S 59° 29' 3911 E 251. 51 f~et; thence S 25° Ol 1 15 11 W 902.08 feet to the southwesterly 1ine of said Lot; thenqe N 64° 25' 37 11 W along said southwesterly line 400.00 feet to the southeasterly corner of said Phipps land; thence N 25° 01 1 15 11 E along the southeasterly line of said land,, 780.49 feet to tht! true point of beginning.

EXCEPTING THEREFROM that portion of said land which 1 ies northt:'astcrly of the following described line:

BEGINNING at the said TRUE POINT Or BEGINNING; thence N 71° 33' 55" E 206.14 feet; thence S 59° 29' 39 11 E 251.51 feet; thence S 25° 01' lt" W 662.37 feet to the beginning of the herein described line; thence N 73° 36' 47" W 404.57 feet more or less to a point in the southeasterly line of said land of Phipps that is S 25° 01 1 1511 W 605.37 feet from the true point of beginning and the end of the herein describ~d line.

ALSO EXCEPTING THEREFROM all oil, gas and other hydrocarbons lyinq 500.00 feet below the surface of said land, but without right of entry to reml)ve the same, as granted to Carlsbad Bay Properties, Ltd., a limited partnership by deed recorded June 10, 1968, as File No. 96383 .

Page 1 of 2

CALENDAI~ PAGE

MINUTE PAGE

• -

•

EXHIBIT 11 E11 w 503.988

Said land is shown on that certain record of survey recorded as Survey No. , Records of s,rn Diego County.

END OF DESCRIPTION

REVIEWED MARCH 4, 1982 BY TECHNICAL SERVICES UNIT, ROY MINNICK, SUPERVISOR .

Page 2 of 2

CALENDAR PAGE

MINUTE PAGE

113 764

• e

•

EXHIBIT 11F11

LAND DESCRIPTION w 503.988

Two parcels of land being a portion of Lot 11 I 11 of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, a~Gording to Map thereof No. 823, filed in the Office of the County Recorder ·of said county, more particularly described as follows:

PARCEL l

A strip of land 25.00 feet wide lying southeasterly of the f9llowing, described line:

COMMENCING at Corner No. 15 of said Lot 11 I 11 as shown on sai~ Map No. 823; thence southeasterly along the southerly line of said Lot 11 ! 11

5 S 53° 44' 35 11 E 499.45 feet to the most southwesterly corner of that parcel of land described in deed tq Robert W. Phipps, et ux, recorded October 29, 1958 under Document No. 179767 of Official Recorils; thence along the boundary line of said land as follows: N 25° 01' 15

11 E

(Record-N 24° 53' 50 11 E) 597.82 feet; thence continuing along said boundary line S 47(\ 36 1 05" E 153.79 feet to the beginning of a tangent curve, c~ncave northerly, having a radius of 355.00 feet; thence eqsterly along said curve 376.92 feet, through an angle of 60° 50 1 00 11

; thence tangent to said curve N 71° 33' 5511 E 100.40 feet to the northeasterly corner of said land and the TRUE POINT OF BEGINNING of the herein described' line; thence S 25° 01' 15 11 W 605.37 feet to the encl of the herein-described line.

EXCEPTING THEREFROM that portion of said land included within Park Drive as described in deed recorded May 10, 1965, as Document No. 83318.

The side lines of said 25.00 foot strip are to be prolonged or shortened so as to terminate at the Compromise Boundary Line and at the south line of said Park Drive respectively.

PARCEL 2

I\ strip of land 20.00 feet wide lying northwesterly of the following described 1 ine:

COMMENCING at Corner No. 15 of said Lot 11 ! 11 as shown on said Map thereof No. 823; thence southeasterly along the southerly line of said Lot 11 I 11 , S 53° 44' 35 11 E 4~9.45 feet to the most southwesterly corner of that parcel of land described in deed

Page l of 2

....

C-AL-EN-0-AR_P_A-GE--~ l_• ~ j MINUTE PAGE _

• •

•

EXIHBH "F 11 w 503.988

to Robert W. Phipps~ et u~, recorded October 2~, 1958 under Docull)ent Nq,, 179767 of Off"l ci a 1 Records; theoce a H>ng the boundary H.1e of s~id land as fo11ows: N 2~" 01 1 1511 E (Record-N 24° i?r 5:l" E) 597 .~2 feet; th~nce ~ontinufog a-long said boundary line S 'l.7° 36 1 05 11 E 153 .19 feet to the beginnfog of ' tangent c•Arve, concave northerly_, having a, radius of 355.~Q feet· t.hence easterlu alq~g said curve 376.92 feet, thr~ugh an angle of 60° 501 00 11

; thence tangent to sahl curve N 7 ~ 0 33' 55'1 E 100.40· feet to the north­easterly corner of sai~ land; tbence N 71° 33' 55" E 206.14 feet; thence s 59° 29' 39 11 E 251.-51 feet to the true point of bag inning of the n~rai n clescri bed line·; thence S 25° 01' 15 11 W 662.37 feet to the end of the herein described line. ·

EXCEPTING THEREFROM tha~ portion of c;aid l~rnd inclu~ec within Park Drive as described in deed recorded May 10, 1965, as Document No. 83318.

The side lines of said 20.00 foot strip are to be pro1onged or sh9rtened so as to terminate at the Compromise 601.1ndary Line and .at the south lin~ of said Park Drive respectively.

ENO OF DESCRIPTION

REVIEWED MARCH 4, 1982 BY TECHNICAL SERVICES UNIT, ROY MINNICK, SUPERVISOR •

Page 2 of 2

CALENDAR PAG~

MINUTE PAGE 766

• -

•

EXHIBIT 11G11

LAND DESCRIPTION w 503.988

That portion of Lot 11 I 11 of Rancho':Agua Hedionda, in the City of C~r1 sbad, County of San Diego, State of. C&'liforn;a, according to Mei.? thereof No. 823, filed in the Office of the County Recorder of San Diego County, described as follows:

BEG INNING, at Corner No. 15 of said Lot 11 I 11 as shown on said Map No. 8~3; thence southeasterly along the southerly line of said Lb~ 11 111 , S 53° 44' 35 11 E 499.45 feet to the most southwestt~rly corner of that parcel of land described in deed to Robert iW. Phipps, et ux, recor'd~d October 29, 1958 under Document ~o. 179767 of Official Recorct'>; thence along the boundary Mne of said land as follows: N 25° 01' 15

11 E (Record-N ;'24° 53' 50}' E) !?97.SZ feet; th1ance continuing along said boundilrY line S 47° 36' 05 11 E 153.79 feet to the beginning ~If ·a tangent cutve, concave northerly. hav~ng d radius of ~155.00 feet; thence eas~~rly al9,ng said curve 376.92 feetl, through an angle of 60° 50' 00 11

; thence tangent to said .!Ui:.Ve N 71° 33' 55" E lOOAQ feet to the nor.th­easterly corner 0 41 said' land and the TRUE POINT OF BEGINNING; ~h(:nce· continuing N 71° 33 1 5~ 11 E 20q1.14 feet; thence S 59° 29' 39" E 251.51 feet; thence ·s 25° Ol 1 1511 W 902.08 feet to the scuthwesterly lipe of said Lot; thence N 64° 25' 37" W al1lng ~aid s9uthw£:steri'Y line 4'10.00 feet to the southeasterly corner of said Phipps land? ~hence N 25° 01' 1511 E ~long the southeasterly line at said land, 780.49 feet to the true point of begin~ing.

EXCEPTING THEREFRCJM that portion of said land which lies southwesterly of the fo 11 owi ns1 de1>cri bed 1 i rte:

BEGINNitjG a·t the said TRUE POINT OF BEGINN~NG; thence N 7P 3~1' 515" E 206 .14 f~et; thence S 59° 29' 39" E 251. 51 1\eet; thence S 25., Ol 1 15" W 662.37 feet to the· beginning of the herei~ described line; thence N 73° 36' 47" W 404.57 feet more or less to a point in the southeasterly line of said la~d of Phipps that is S 25° 01 1 15" W 605.37 feet from the true point of beginning and the end of the herein described line.

ALSO EXCEPTING THEREFROM all oil, gas and other hydrocarbons lying 500 00 feet below the surface of said land, but without right of entry to remove the same, as grant to Carlsbad Bay Properties, Ltd., a limited partnership by deed recorded June 10, 1968 as File No. 96383.

Said land is shown on that certain record of survey recorded as s~rvey No. Records of San Diego County .

EMO OF DESCRIPTION