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HomeMy WebLinkAboutSDP 86-02; PACIFIC RIM COUNTRY CLUB & RESORT; Site Development Plan (SDP)LAND US DISCRETI~ ACTIOOS REQUEST □ Zone Change D General Plan Amendment D Tentative Tract Map □Major Planned Unit Development □Master Plan □ Major Redevelopment Pennit □Minor Redevelopment Permit □Precise Development Plan (check other boxes if appropriate) ·ornp ete Description o ProJect (atta □Specific Plan 181Site Development Plan □Conditional Use Permit OVariance □Planning Ccmnission Determination □Special Use Penni t □structure Relocation OMajor Condominium Permit □Coastal Pennit (Portion of Redevelopnen Area Only) · Site Development Plan for Planning Areas #10 and #11 of the Pacific Rim Country Club and Resort (MP-177). Proposed development includes a small commercial restaurant site and a sports complex with swimming pool, tennis courts, and associated accessory uses. Legal Descr pt1on (complete) (attached) Zone P-C Proposed Zone No Change Owner Gener Pan RM, RLM Proposed General Plan No Change Name (Print or Type) W.H. Hunt ana N.B. Hunt (see applicant) Assessors Parcel N (attached) _ Existing use Vacant Site Acreage 10.6 ac. A licant r Name (Print or Type) HPI DEVELOPMENT CO. Mailing Address 7707 El Camino Real City and State Zip Telephone City and State Zip Telephone Carlsbad, CA 92008 (619)436- 09 I CERl'IFY '!HAT I AM '!HE LEGAL CMNER AND I CERl'IFY '!HAT I AM '!HE ™NER S REPRESENTAT THAT ALL '!HE AroVE INFORMATION IS TRUE AND '!HAT ALL '!HE ABOVE INFORMATION IS TRUE CX>RRECT '10 '!HE BEST OF MY KNCMLEOOE. AND OORRECT '10 '!HE BEST OF MY RNCWIEDGE. DA'J~ I 'jt4;B, Rece p ,No. ! • LA.ND US PLANN.ING Pt. PLICATION DISCRETIONARY ACTION'S REQUEST □ Zone Change □General Plan Amendment □ Tentative Tract Map □Major Planned Unit Development D Master Plan □Major Redevelopment Pennit □Minor Redevelopment Pennit D Precise Development Plan (check other boxes if appropriate) 'Olrp ete Description o ProJect (atta □Specific Plan 181Site Development Plan □Conditional Use Permit OVariance · □Planning· Caranission Determination □Special Use Permit · □structure Relocation []Major Condominium Permit □Coastal Penni t (Portion of Redeveloprnen Area Only) Site Development Plan for Planning Area #1 of the Pacific Rim Country Club and Resort (MP-177). Proposed development includes a golf course, golf club house, and associated accessory uses. Legal Description (complete) (see attached) Zone P-C Gener Pan RM, RLM, RC, OS Assessors Parcel Number s e attached . Existing Land Use Vacant Proposed Zone No Change Proposed General Plan No Change Site Acreage 187.4 ac. Owner Name (Print or Type) W.H. Hunt and N.B. Hunt (see applicant) Mailing Address City and State Zip Telephone I CERI'IFY '!HAT I AM '!HE LEGAL O\INER AND THAT ALL 'IHE ABOVE INFORMATION IS TRUE OORRECT 'ID '!HE BEST OF MY KNCMLEOOE. Applicant Name (Print or Type) H.P.I. DEVELOPMENT CO. Mailing Address 7707 El Camino Real City and State Zip Telephone Carlsbad CA 92008 (619)436-0907 I CERI'IFY '!HAT I AM '!HE CWNER' S REPRESENTAT AND '!HAT ALL '!HE ABOVE INFORMATION IS TRUE AND mRREcr 'ID '!HE BEST OF MY I<Navr..EDGE. r ~lpt_No • . 5G:!:,s7 N r 51)'{? 8fo~· LAND US PLANNINB A.PLICATlciN DISCRETICNARY ACTIOOS REQUEST □ Zone Change □ General Plan Amendment 0 Tentative Tract Map □Major Planned Unit Development □Master Plan □Major Redevelopment Pennit □Minor RedevelOF([lent Pennit □Precise Development Plan (check other boxes if appropriate) ·ornp ete Descr1p 10n o ProJect (atta □Specific Plan 181Site Development Plan tJConditional Use Permit OVariance □Planning Canmission Determination □Special Use Permit □structure Relocation [JMajor Condominium Permit □coastal Penni t (Portion of Redevelopmen Area Only) 1 necessary Site Development Plan for Planning Areas #2 and #9 of the Pacific Rim Country Club and Resort (MP-177). Proposed development includes a hotel complex including suites, ballroom facilities, a retreat complex, and 100 condominium units. Legal Description (complete) (attached) zone P-C Proposed Zone Genera Pan RM, RLM Proposed General Plan No Change No Change Owner Name (Print or Type) W.H. Hunt and N.B. Hunt (see applicant) ai ing Address Assessors Paree N (attached) Existing Use Vacant Site Acreage 60.0 ac. Applicant Name (Print or Type) HPI DEVELOPMENT CO. Ma1l1ng Address 7707 El Camino Real r City and State Z1p Telephone City and State Zip Telephone Carlsbad, CA 92008 (619)436- I CERTIFY 'IHAT I M-1 'IHE LroAL avNER AND I CERTIFY '!HAT I .¥1 'IHE ™NER S REPRESENTAT THAT ALL '!HE~ INFORMATION IS TRUE AND 'IHAT ALL 'IHE ABOVE INFORMATION IS TRUE OORRECI' 'IO 'IHE BEST OF MY RNCMLEOOE. AND OORREcr 'IO '.IHE BEST OF MY I<N™IEOOE. Piee .._..., •. ., ....... Rece p .No. 36)-5{) 56&:,°f • • lSPECIFICREQUIREMENTS General Plan Amendment/Zone Change 1. Application Form 2. General Requirement Items F-0· 3. Reproducible 1:500 s~ale map of subject property showing requested zoning and surrounding zoning and land uses. · 4. Fee: General Plan Amendment $765.00 + $5.00 per ~ot or acre, whichever is higher. Zone Change: $655.00 Master Plan/Specific Plan 1. Application Form 2. General Requirement Items: -fifteen (15) copies of items -items E-R 3. Fee: Master Plan $1,635.00 + Specific Plan $1,090.00 Master Plan Amendment: B-D * $5.00 per/acre Major $545.00 + 5.00 Minor $185.00 + 2.00 Specific Plan Amendment: Major $440.00 Minor $ 75.00 Tentative Tract Map 1. Application Form 2. General Requirement Items fifteen (15) copies of item A* items E-R 3. Fee: $530.00 (1-25 lots or units) $765 .• 00 (26-100 lots or units) $1,310.00 (100 + lots or units). Revision: $330.00 (1-25 units or lots) $545.00 (26-100 units or lots) $765.00 (100+ units or lots) $150.00 Revision that does not change design of subdivision Major Planned Development (5 or more units) 1. Application Form 2. General Requirement Items: fifteen (15) copies of items B-D * items E-R 3. Conversion to Condominiums -list of names and addresses of all tenants of the project, proof of notification of the ·tenants 60 days prior to filing tentative map. acre acre * ADDITIONAL FIFTEEN (15) COPIES TO BE SUBMITTED WHEN ISSUES ARE RESOLVED ALONG WITH FINALIZED READABLE REDUCED EXHIBITS (8 1/2" X 11 APPLICANr: AGENr: MEMBERS: • DISCLOSURE FORM IIPI DEVELOPMENT COMPANY Name (individual, p:trtnership, joint venture, corporation, syrrllcation) {707 Fl Cami no__Rea 1 -Carl sha.rl_ClL-9....,20 ...... 0.,..8------------Bus1ness Address (619) 436-0907 Telephone Number VTN ENGINEERING -CARLSBAD Name 5355 Avenida Encinas -Suite 203 -Carlsbad, CA 92008 Business Address (619) 931-1022 Telephone Ntnnber W.M. Hunt Name (individual, p:1rtner, joint venture, corporation, syndication) 7707 El Camino Real -Carlsbad, CA 92008 Business Address (619) 436-0907 Home Address Telephone Number N.B. llunt Telephone Ntmber Name 7707 El Camino Real -Carlsbad, CA 92008 Business Address (619) 436-0907 Home Address Telephone Ntmlber 'I'elephone Number (Attach rrore sheets if necessary) The applicant is required to apply for Coastal Commission Approval if located in the Coastal Zone. I/We declare under penalty of r:erjury that the information contained in this disclosure is true and correct and that it will remain true and correct arrl may l:e relied upon as being true and correct until amended. BY , n. L. CleIT1E:!nS Co. Partner • • LEGAL DESCRIPTION A portion of Sections 12, 22, 23, 26, 27, 28, 33, 34 and 35 of Township 12 South, Range 4 West, S.B.M. and a portion of Sections 2 and 11 of Township 13 south, Range 4 West, S.B.M. ,, '\' . I . /'nl co Hr,, tH: n r,: n II r-:: ·n: 11-!' ·· AM JI ,::;. w111·:N 1rnconnrrn MA.TL T<- c 1 'I' Y O F GA ,n. :; HA D 1 2 On r-: 1 m Av c• n 11 c Carlsbad, California 92008 ) ➔• 1 ) ) ) ) ~pace ,1bove this line for Recorde:'s ui~e Documentary transfer tax: s l{ o fee Signature of c!Hc.:lnrant determinin~ tax-firm nnme City of Cnrlshad Parcel No. ------------------- AGREEMENT BETWEEN DEVELOPER-OWNER AND Till': CITY OF CARLSBAD FOR THE PAYMENT OF~ PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this, 7th day of September , 19.JU_ by and between N. B. HUNT and W. H. HUNT (name of developer-owner) xx Individuals hereinafter referred to 2s (Corporation, partnership, etc.) "Developer" whose address is c/o Hunt Prorrties, Inc •• 1900 Thanksgjving Tower, (street 1601 Elm Street, Dallas, Texas 75201 (City, state, zip code) and T~E CI:Y OF CARLSBAD, a municipal corporatiqn of the State of California, hereinafter referred to as 11·city'', whose ncldress is 1200 Elm AYenue, Carlsbad, Californ1a, 92008.- w IT NESSET II: w111rn·EAS·, Dl-!veloper ii:; the owner of the rcnl propc-rty deacribc?d o n E x h i b i t II A : , n t t a c h e rl h .e r e t o n n <l m n d e a p a r t o f t h i s a g r e e m i! n t , herC!inafter referred to as "Property"; nncl WHEREAS, The Property li.c?1; within the ho11ncl11ri.es of City; ancl WllERF.AS, Developer proposes n dev,dopment project as follMa: A General Plan .Amendment, pre-annexational zoning and_master p]an for a pJanoed conmunity with residential, recreational and conmercial develoµrent on RIW l1-2-82 (j) b. · ·,i:1iil·l'r1_.1p.•'.rl:y, whi;·~lc•v1•l11p1111•11I· r.·:1rr1 1•n Lhc• _ '!he Pacific Rim eountwclub ¢icl. Resort ------•---------. is hereafter referred to ns 11 Dcvelopr.i"ent"; n·nd ' p I' 0 jl o ~l I• rl II :1 Ill I " I . ,.,. ' WHEREAS, De"'.elopcr filed on the d a y o f September ----21st 19 ~' with the City a re q t1 e s.t for Annexation, General Plan Amendment, Pre-Zoning and proposes to request approval for a master plan for a planned conmunity and tentative and final.subdivision maps hereinc1fter referred to as "Request 11 ;. ond WllERF.Af., the Public Facilities Element of the City r.cnerd Plc.n requires that the City Council find that all p~blic facilities necessary to serve a development will be available·concurrent with i-nced or such development shall not be approved (sni<l element is on file with the City_ Clerk and is i.ncorp-orntcd b)' this referenc:1); a~rt WHEREAS, Developer and City recognize the correctnes~ of Council p o 1-i c y N o • 1 7 , d a t e d A p r i 1 2 , 1 9 8 2 , i n f i I c w i t h t h e C i t y _ C 1 e :-J.: a n d incorporated by this reference, and that the City's public fa:ilitics and services are at capacity and will not be available to acc:~mod~te the additional need for public facilities and services resu~t~ng from ' the prop o_s e d Dev e 1 o pm en t ; and WHEREAS, Developer has asked the City to find that public facilities and services will be availnhle to meel the future ~ieds of the n eve 1 o pm en t as •·it is pres c n t 1 y propose cl ; but th t! n e ,.. e 1 op 1~ :-i s aware that the City cannot and will not be ~ble to make any sc=h f i n cl i n B w :i t h o u t f i n n n c i n l n s s i s t a n c c t <) p n y f o r s u c h s e r v i c 1! s a n cl facilities; and therefor~, nc.vel.oper propoHP.r. to hrl•p sntir.fy tht.-> Gen c r ,1 l P 1 a 11 n s imp 1 em I! n t t! d h y Co u n c i 1 Pt' l icy No . 1 7 b y p ,, y rn I:!~ t o f n public (acilitinA f:ee, -2- :Now, TIIEHl·:t,01u:. i11 ('(lll!;i,d,~1.irio11 nf 1'11• r1•1:ital:: :111,I Ll\!· cov.cnants cont.,i,ncd.~rP.i..11 1 '.•th'c po'.lrt:icr. .. 1gr1:ti .J (nllowr,:. 1. The Develop.er sh.ill pay to the City a publ 1.c faci.liti.cs fee in an amount not to exceed 2% of the buil~inR permit valuation of the building or structures to be constructed in the Development pursuant to the Re q u_e s t . . The f e C' sh a 11 be pa i ·r1 pr. i. or to the is s u an cc o f building or other construction permits for the development a.nd shnll be based on the valuation at th~t time. This fee shall be i.n addition to any· fees, dedications or improvements required pursunnt I to Titles 18,·20 or 21 of the Corlsba<l Municipnl Code. Developer shall pay a fee for conversion o f existing building or structures i n t o c· o n d o m i n i um s i n a n a mo u n t n o t t o e x c e e d 2 % o f t h e h u i 1 rl i n g permit valuation at the time of convcrsidn. The fee for a ~ condomini~m conversion shall be paid prior to the issuance of n condominium conversion permit as provi<lPd 111 Chapter 21.47 of the Carlsbad Municipal Code. Condomin·i.um shnll include community apartment or stock co~pcrntive. Th e t e r m i; 11 o t h e r c o n s t r u c t i o n permits", "other construction permit" and "entitlement for-usett as used in this agreement, E;Xcept in reference to mobilchome sites or proje~ts, shall not refer to grading permits or other permits for t~e co n s t r u c t i o n o f u n d c r g r o u n d o r s t r e e t i ,';1 p r o v c me n t s u n 1 c s s n o o t h c r p e r mi t i s n c c c s s n ·.r y p r i o r t o t h e u s e _o r o c c II p a n c y ( o r w h i. c h t h e development is intended. Developer shall pay to City a public faciliticr. fee in the sum of $1,150 for cnch mohil0hornc space to hP constructed p11rsunnt to the Request. The fee shnll he pai<l prior to the is s u an cc of bu i 1 ding or o t.h P. r cons t r u c 1· i. on p P. rm its for • th c development. This f~c shall he 111 nddition to any fc0s, de<licntionr, or improvemP.nts .. requircd accot·dinr, to Ti.ties 18, 20 or 21 of tl1c Carlsbad Municipnl Corio. -3- (]) 2 • The Dev<dop1!.11,1y ~,ff<!!.", to don.tl<i :1 11i_.)r r;itc?i; for puhJ ic. facilities 1n lieu of all or part o( Lhe financ:i.:11 obligntion ar,rcl'd upon in Paragraph 1 above. If Developer offers to donate a site or sites for public facilitiEs, the City shall consider, but is not obligated to accept the offer. The "time for donation and amount of credit against the fee shall be determined by City ptior to the issuance of any building or other permits. made, shall become a part of this agreement. Such determination, whC!n Sites donat~d under. this paragraph shall not include improvements ·required pursuant to Titles 18 or 20 of the ~arlsbad Municipal Code. 3. This agreement and the fee paid' pursuhnt hereto are required t o en s u re th e con s i s t ency o f th e D e v e 1 o p rn e 1yt w i t h th e C i t y ' s G e n e r a 1 P 1 an. If the fee is not paid as provided herein, the City will not have the funds to provide puhlic facilities and services, and the development will not be consistertt ~ith the Gcn~ral Plan and any approval or permit for the Dcvilopment shnll be void. No buildin~ or other construction permit ·6r entitlement for use shall be issued u n t i 1 t h e p u b 1 i c f a c i 1 i t i e s f e e r e q u i 1' e d h y t h i s a ~ r e e men t 1 s p a i d . 4. City agrees to deposit the fees paid pursuant to this agr.eement in a public facilities fund for the financing of public facilities when th_e City Council determines the neecl exists to· provide the facilities and sufficient funds from the payment of this and simil:tr public Eac:ilitie~ fec?r. are :1v:iilahlr.!, 5. City agrees to prov.i<le upon rc>que::t r~?n:1on.il,lci nH.surances to enable Developer to comply with nny requireml?nt:n of othc?r public agnncie~ as evidence of ridcquate public facilities and ncrv1ces s u f f i c i e n t t o 11 c c o mm n cl.1 t e t h c n e <' d ~ o ( t h ci n e v e 1 o p m 1~ n t h c l"t? i n described. -4- ,, 1:-tr 1 •• .., •• 0 rt Al 1 () b I. i r. /1 t j () 11:: Ill! I:(' ll p,d I' 1· ~-•' m,11\ e by De V ~o)) (! r .-1 r i__-.. l\l) t !,ltnll l_.1•1111i·n·l'.llll npprov~!d. ___., I " I) I. 'l l' II t t." t• 7 • Any not ice f r om one p_ n rt y to the .. o t be r sh a 1 l be 1 n w r i t in g , and shall be dated and signed by the party giving such notice or by a duly authorized representative of s~~h party, Any s~ch notice shall not be e'ffect.ive for any purpose whatsoever unless served in one of the following manners: 7.1 If notice 1s given to the City of personal delivery thereof to . the· City or by deposit in p, · s ;i me in the lJ nit e cl St at es Mai 1 , addressed to the City at the address set forth herein, enclosed in a sealed envelope, addressed to the City for attention of the City Manager, postage pr~paid and certified, 7.2 If notice 1s given to Develo~cr by personal ~elivery 'thereof to.Developer or. by depositing the snme 1n the llnited States Hail, enclosed in a sealed envelope, addressed to Developer at the address as may have been designated; postn~~ prepaid and certified. 8. This agreement shall be hindinr, upon and shall inure to the benefit of, and shall apply to, the respective successors and asst~ns of Developer and the City, and references to Developer or City herein shall be deemed to be reference to and include their respective successors and nssi~nn without specific mPntion of such successors and nss1gns. If o·~velopcr should ccanl! to h,1vc any interest in the Property, all oblir,ations of Developer hereundt!r sh.111 terminate; prorerty shall hnve first nssume<l in w~iting the Developer's obligations hereunder. 9 , T h i s n g r e e m e n t s h a 1 l b e r e c n r d e d h u t 11 h n l l n o t c r '-' a t e 11 1 i e n or sec u r i t y int e 1' e s t 1 n t h 1! P roper t y • When· Lhe ohlig11tionr. of this ogrce111cnt hnve bl!Cn satisfi<'d, City shall r·ecoi-d 11 relc,1s~. -5- REV l,-2-87. r. l f ... / " ~ IN WITNESS WHEREOF, th•is ngreemcnL . . ._). lR executed 1n Snn niego County, California as.of the date first ~ritten nhove. DEVELOPE:R-OWNI-:R: N. B. HUNT and W. H. HUNT (name) DY~ -,+"1 N. • ::itlu~ '/ . W. H. Hunt (Title) ATTE:;T: ALETHA L. RAUTEUKRANZ, City Clerk APPROVED AS TO FORM: VI.l·IGENT F. BIONDO,· JR., City Attot"ney CITY OF CAl~LSnAD, a municipal corporation of the State of California n Y --~--------------City.Mann g c r (Not,1ri.al acknowle<lr,ctnlint of execution by DEVEJ,Ol'r-:R-OWNEH munt be at.tnched.) ,, .,, -6- nr.v 4-2-R2 STATE OF KEl'fl'tO<Y X COUNTY OF FA¥ETIE:' X acknowledged before me on , , MY CO~DUSSIOl"f glU'lllll iSP'll-ff, ... My commission expires:________ /ffl ' STATE OF TEXAS X COUNTY OF DALLAS X This instrument was acknowledged before me on 1983 by W. H. HUNT. expires: _ .Marjorie Johnson, Nofory l"ub!t;; / · State of Texas C,,,t / .RY Commission expires I / .. '(., _ O T fp JOB NO. 575 TITI..E CO. RICJl'ERENCE mi mAnii:OU e :r~~!!!:r:~~in~ompan ~ 455 N. Hale Avenue. bcondido,Colilornia 92025 Telephone, {714) 741·ff21 !..EGA!.. DESCRIPTION FOR: BY DATE SHEET F~W .F ., PUBLIC FACILITIES-AGREEMENT 7-27-83 1 of 6 · PARCEL 1: Lot 3; Lot 4; the Southwest Quarter of the Northwest Quarter; the Northwest Quarter of the Southwest Quarter; and, the Southeast Quarter of the Northwest Quarter; in Section 2, township l3 South, Range 4 West, San Bernardino Meridian, in the County of San Diego, State of California, according to United States Government Survey approved, April 19, 1881. EXCEPTING 'rHEBEFROM that portion thereof conveyed by Magdalena Beller to Frederick Prindle by deed dated March 13, 18Cl5, recorded in Book 237, Page 335 of Deeds, described as follows: COMMENCING at the Quarter Section corner of sai.d Seetion 2 on the Township line and running West on said line 27~00 feet to a stake; thence South 06°45'00" East, 725.00 feet to a stake; thence South 66.15100" West, 284.50 feet to a stake; thence South 20•15•0011 East, 142.00 feet to a stake; thence South 32•15•0011 East, 986.00 feet, 1D0re or less, to a seake intersecting the North and South Quarter Section line of said Section 2; thence North on said Quar1:er Section line L79S.00 feet, more or less, to the place of beg:f.mu.ug. ALSO EXCEPTING 'rHE1lEFRClM those portions thereof described in deed to the County of San Diego, Road Survey No. 1800-l recorded November 28, 1969, Recorder's File No. 217326 of Official Records. ALSO EXCEPTING that portion of said Lot 3 lying Easterly of the Easterly line of said Road Survey No. 1800-l. That portion of Section 2, Township lJ South, Range 4 West, San Bernardino Meridian, according to United States Govermnen~ Survey approved April 19, 1881, and of Lot l of Rancho Los Encinitas, accordin6 to Map thereof No. 848 filed in the Office of the County Recorder of San Diego County, June 27, 1888, in the County of San Diego, ·State of Califo-rnia, described as a whole as follows: COMMENCING at the Quarter.Section corner of ~aid Section 2 on the Township line and running West on said line, 270.00 feet t a stake; thence South 06°45'00" East, 725.00 feet to a stake; thence South 66°15'00" West, 284.50 feet to a stake; thence South-20•15•00" East, 142.00 feet to a stake; thence South 32•15•00" East, 158.00 feet to tha nuJE POIN'! OF BEGINN".1.:IG; thence North 66°29'20" East, 91.00 feet to the Westerly line of Road Survey No. 682-60.00 feet ride-known as El Camino Real; thence .in a Southerly direction along the Westerly line of said Road Survey No. 682, to an intersection with the Southerly line of Lot 6 of said Section 2; thence Westerly along said Southerly line to the Southwest corner of said Lot 6; thence Northerly along the Westerly line of said Lot to an intersection with a. line bearing. South 32 •15 1 00" East from the True Point of Beginning; thence North 32°1.S'OO" West to the nttra POIN'T OF BEGINNING. lla:PT!NG that portion lying with.in Road Survey ~o. 1800-1, described in deed to County of San Diego, recorded February 16, 1970, Recorder's File No. 27777. COMPANY OESCRIPTION REVISIONS SY DATE ORDER NO, CATE Exhibit A i. r. JOB NO. 575 LEGAL DESCRIPTION P'OR1 BY DATE F.W.F. PUBLIC FACILITIES AGREEMENT CHf~W.F. 7-27-83 PARCEL 3: That portion of the South half of Section 2, Township 13 South, Range 4 West, San Bernardino Meridian, in the County of San Diego, State of California, according to United States Government Survey approved April 19, 1881, described as follows: BEGINNING at the concrete monument designating the center of said Section 2; thence along the Northerly line of said South Half South ss•39'2011 West, 1259.25 feet to the Northwest corner of the Northeast Quarter of the Southwest Quarter of said Section; thence along the Westerly line thereof South 04•20'10" East, 914.20 feet; thence parall.el with said Northerly line North aa•39•20" East to the Westelry line of the land described in Parcel 67080-B in deed to the County of San Diego recorded November 28, 1969, Recorder's File No. 21732~ -of Official Records, being a point in the 'center line of~Road Survey No. 682; thence in a Northerly direction along said West~rly line to and along the Westerly line of the land described in Parcel 67080-A ~f said Deed, to the Northerly line of said South Half of Section 2; thence along said Northerly line South 88.39120" West to the Point of Beginning. PARCEL 4: That portion of Lot 8 in Secti011 2, Township 13 South, Range 4 West, San Bernardino Meridian, in the County of San Diego, State of California, according to United States Government Survey approved April 19, 1881, lying Westerly of the -Westerly line of the Rancho Los Encinitas. EXCEPTING TB:El!EFROM those portions thereof described in deed to the County of San Diego, Road Survey No. 1800-1, recorded November 28, 1969, Recorder's File No. 217326 of Official Records. ALSO EX~G those portions lying Westerly of the Easterly line of the 90.00 foot strip of land described in Parcel 67083-A in said deed to the County of San Diego, recorded November 28, 1969, Recorder's File No. 217326. ALSO EXCEPTING that portion of said Lot 8 lying Northerly of the Southerly line of that cer1:ain 60.00 foot strip of land described in Parcel 61294-B in deed to the County of San Diego, recorded September 28, 1961, as Recorder's File No. 169289 of Official Records, known as Read Survey No. 1631. PARCEL 5: The Northwest Quarter o~ the Northeast Quarter of Section ll, Township 13 South, Range 4 ~est, San Bernardino Meridian, in the County of San Diego, State of California, according to United States Government Survey. EXCEPTING nl'.EllnOM those portions thereof described in deed to the County of San Diego, Road Survey No. 1800-l, recorded November 28, 19.69, Recorder's File No. 217326 of Official Records. ALSO EXCEPTntG those portions lying ~esterly of the Easterly line of the 90. 00 foot strip of land described in Parcel 6.7083-A in said deed to the County of San Diego, recorded November 28, 1969, Recorder's File No. 217326 • SHEET 2 of 6 COMPANY DESCRIPTION REVISIONS TITLE CO. BY DATE RIEP'ERENCI!: ORDER NO, DATE Exhibit A JO_B NO·, 575 TITLE CO, -Ii if mAmtou ,: I • · eng1ne~r1ng compan. . · civil engineering & surveying 455 N. Hale Avenue. Escondido. Colilornia 92025 Telephone, (714) 741-9921 LEGAL DESCRIPTION FOR1 BY F.W.F. DATE PUBLIC FACILITIES AGREEMENT CH g•gJi·/ •:,: • 7-27-83 PARCEL 6: .. The Southeast Quarter of the Southeast Quarter and Lot 1, Section 22, Township 12 South, Range 4 West, San Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of California, according to United States Govertllllent Survey. EXCEPTING from said Lot 1 that portion thereof lying North of the South boundary line of the Rancho Agua H.edionda as said South line was established May 5, 1913 by Decree of the Superior Court of the State of California, in and for San Diego County in that certain Action No. 16830, entitled Kelly Investment_l:Qmpany, a corporation vs. Clarence Dayton Hillman and Bessie Olive Hillman. PARCEL 7: The South Half of eheSouthwest Quarter of the Southeast Quarter of the Southwest Quarter of Section 22, Township 12 South, Range 4 West, San Bernardino Meridian, in the County of San Diego, State of California, according to United States Government Survey. PARCEL 8: The Southeast Quarter of the Southwest Quarter of Section 23, Township 12 South, Range 4 West, San Bernardino Meridian~ in the County of San Diego, State of . California, according to United States Govenunent Survey. EXCEPTING THEEEFROM those portions conveyed to the County of San Diego by deeds recorded November 24, 196i as File No. 21~742 and June 22, 1970 as File No. 108453. PARCEL 9: The East Half of the Southwest Quarter; thence Northwest Quarter of the Southwest Quarter; and; the North Half of the Southwest Quarter of the Southwest Quarter; in Section 26, Township 12 South, Range 4 West, San Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of California, according to United States Government Survey. EXCEPTING Tm::REFROM those portions lying within Carlsbad Tract 72-34 (Rancho La Cuesta) Unit Numbers l, 2, 3 and 4 according to Maps thereof Numbered 8350, 8351, 8352 and 8353, respectively, filed in the Office of the County Recorder of San Diego County. ALSO EXCEPTING 'I'lDmUROM that portion of said Section 26, that is Easterly of the following·described line: BEGINNING at the ~st Southerly corner of Lot 329 of Carlsbad Tract .72-34, Unit No. 4, according to Map thereof No. 83.5.:3, filed in the Office of County Recorder of San Diego County; thence Southeasterly along the Easterly line of that 150.00 foot wide easement to San Diego Gas & llectric Company re~orded October l6, 1956, in Book 6301, Page 162 of Official Records of said San Diego County a distance of 514.17 feet, more or less, to the Southerly line of said Section 26. SHEET 3 of 6 COMPANY DESCRIPTION REVISIONS ............... BY REl"ERll:NCE ORDll:R NO, IDATE Exhibit A ''-': ,; JOB NO, 575 TITLE CO. . · eng1neer1ng compan , .. •·. 1ri M@Anii:OU • I civil enginHring & surveying 455 N. Hale Avenue. Eacondido. Callfornla 92025 Telephone, (714) 741·"21 L.EGAL. DESCRIPTION FORI BY F.W.F. DATE PUBLIC FACILITIES AGREEMENT 7-27-83 PARCEL 10: the South Half; the East Half of the Northeast Quarter; the Southwest Quarter of the Northeast Quarter; the West Half of the Northwest Quarter; and, the Southeast Quarter of the Northwest Quarter; in Section 27, township 12 South, Range 4 West, San Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of California, according to United States Government Survey. EXCEPnNG 'IBDEFROM that portion lying within Carlsbad tract No. 13-39. (Spinnaker Hill) Unit No. 3, according to Map thereof No. 8453 filed in the Office of the County Recorder of San Diego County. PARCEi. 11: the West Balf of the Northeast Quarter of the Northwest Quarter of Section 27, township 12 South, Range 4 West, San Bernardino Meridian, in the County of San Diego, State of California, according to United States Government Survey. PARCEL 12: the East Half of the Northwest Quarter of the Northeast Quarter of. Section 27, township 12 South, Range 4 West, San Bernardino Meridian, in the County of Sau Diego, State of California, according to United States Government Survey. PARCEL 13: 'Ihe East Half of the Southeast Quarter of Section 28, Township 12 South, Range 4 West, San Bernardino Meridian, in the County of San Diego, State of California, according to United States Govermnent Survey. EXCEPTING '!lmllFROM those portions lying within Carlsbad Tract No. 73-39 (Spinnaker Hill) Unit Nos. l, 2 and 3 according to Maps thereof Numbered 8404, 840S and 8453 respectively, filed in the Office of the County Recorder of San Diego County. · PARctI. 14: Lots 2 and 3 in Section 33, Township 12 South, Range 4 West, San Bernardino Meridian, in the County of San Diego, State of California., according to United States Government Survey. PARa:I. 1.5: That portion of Lot 17 in Section 33, Township 12 Soutq, Range 4 West, San Bernardino Meridian, in the County of Sau Diego, State of Califor.u.a, according to United States Govermnenc Survey, described as follows: BEGINNING at a point on the East line of said Lot l1, distant along said East line and along the East line of Lot 9 in said Section 33, North 00°42'07 West, 565.84 feet from a 2 inch iron pipe having coordinates Y-335, 368,41 feet and X-l,679,897.34 feet set for the Southeast corner of said Lot 9, 1n said Section 33; thence along the following numbered courses: (l) North 68.31'17" Wese, Jll.44 feee; (2) North 46°581 5911 West, 695.63 feet:; <.3l Nort:h 33•iJ'47" West, 257,29 feet to the North line of said Lot 17; (4t along said North line, COMPANY DESCRIPTION BY REFERENCE ORDER NO. DATE Exhibit A SHEET 4 of 6 INITIAL HERf (!]) •;, JOB NO. 575 TITL.E CO. · n-' --. lill.\nitOU -• . eng1neer1ng compan . I civil engineering & surveying ,, 455 N. Hale Avenue. Escondido, California 92025 Telephone, (714) 741-tt21 LEGAL DESCRIPTION FOR: BY DATE SHEET F.W.F. PUBLIC'FACILITIES AGREEMENT CHK'D. F.W.F. 7-27-83 South 89°17'46" East, 929.78 feet to the Northeast corner of said Lot lJ; (5) along said East line of Lot 17, South 00°42'07" East, 792.46 feet to the Point of Beginning. PARCEL 16: The Northwest Quarter of the Northwest Quarter and Lots l,2,3,4,9,lO,ll,12,13, 14 and 15 in Section 34, Township 12 South, Range 4 West, Sa~ Bernardino Meridian, in the County of San Diego, State of Californ.ia, according to United States Government Survey. :EXCEPT'!NG THEREFROM that portion of said Lot 13 in Section 34, Township 12 South, Range 4 West, described as follows: COMMENCING at the Southwest corner of Lot 5 in said!-Section as -marked by 2 inch capped iron pipe as shown on Record of Survey No. 1652, filed October 17, 1947 under File No. 108637 in the Office of County Recorder of San Diego County, being at coordinates Y equals 335~368.41 feet and X equals 1,679,897.34 feet; thence along the West line of said Section North 00e42'07" West, 565.84 feet to a point in a line which bears North 68e3l 'l7" West fr01D a l l/2 inch pipe tagged ''Div HWYS" be.ing at coordinates Y equals 335,887.14 feet X equals 1,680,010.03 feet last said_point·being the Point of Beginning; thence along last said line South 68e31'l7" East, 128.5S feet to last coordinated point; thence South 28e40'06" East, 82.00 feet more or less, to the South line of said Lot 13; thence Southwesterly along said lot line to the West line of said Section; thence North 00•421 01" West along the said Section line to the Point of :Se3ilming. ALSO EXCUTING 'l:HElU:FROM that portion of said Lot 14 in Section 34, Township 12 South, Range 4 West, deeded to Leucadia County Water District, a political subdivision in deed recorded August U, 1961 as File No. 138158, described as follows: BEGnmING at a~oint of intersection of the center line of Road Survey No. 516 and the center line of Road Survey No. 13lJ-said center line is the . Northerly prolongation of the course shown as North aoeo9 100" West -both ·?lats on file in the Office of the County Surveyor oi San Diego County; thence along the center line of said Road Survey No. 516, North 89.26'15" .West 21.15 feet to the North and South center line of said Section; thence Northerly along said North and South center line and along the West line of Lot 15 in said Section, a distance of 8.86 feet to the center line of County.Road Survey No. 346, according to Official Plat thereof filed in the Office of the County Surveyor of San Diego County; thence along said center line North 87.47'00" West -Record North 87e45'00" West -{.36.00 feet; thence at right angles North 02°1.S'OO" East 30.00 feet to the nun: Poim: OF BEGINNING; thence Nort:h 02el.S'OO" East 30.00 feet; thence North 81°4S'OO" West 30.00 feet; thence South 02el.S 100" West 30.00 feet; thence South a7•~5•0011 East 30.00 feet to the TRUE ?OL'i'r OF B!GnmING. 5 of 6 INITIAL HERE COMPANY DESCRIPTION REVISIONS BY DATIi: REFERENCE ORDER NO, Exhibit A ,• . I., JO~ NO; 575 TITLE CO. REF'ERENCE LEGAL DESCRIPTION FOR: CATE PUBLIC FACILITIES AGREEMENT -27-83 PARCEL 17: The Southeast Quarter of the Northwest Quarter; the Southwest Quarter of the Southeast Quarter; and, Lots l, 9, ll, 12, 13, 14, 15, 16 and 17; in Section 35, Township 12 South, Range 4 West, San Bernardino Meridian, in the County of San Diego, State of California, according to United States Government Survey. · EXCEPTING TH:Elll'ROM the North 20 Acres of said Lot l, ALSO EXCEPTING THEREFROM those portions lying Easterly of the center line of the County Highway known as Road Survey No. 682 as described in deed to the.County of San Diego recorded February 28, 1950 intBook 3518, Page 221 of Official Records. • ALSO EXCEPTING T.EEREnOM those portions thereof described in deed to the County of San Diego, Road Survey No. 1800-l, recorded November 28, l96i as File No. 217326.· Parcel 18: The South Half of the South Half of the Southwest Quarter of the Northwest Quarter of Section 26, Township 12 South,' Range 4 West, San Bernardino Meridian, in the County of San Dieao, State of Calfiornia, According to United States Governernent Survey Approved April 21, 1890. COMPANY DESCRIPTION BY ORDER NO, CATE Exhibit A SHEET 6 of 6 MASTER LAND USE PLAN ---........ MASTER LAND USE PLAN -- I rBJ AUSTIN HANSEN FEHLMAN ·GROUP· I MASTER LAND USE PLAN _;-y-: _''" .....,.,--....__.._ ' J : ,-'" - ~ AUSTIN HANSEN FEH(MAN -G~OUP· 't AME11 1 '~ ·~ t.. J •· • --j,: 8 . -First American Title Insuratice Company 411 IVY STREET, (P.O. BOX 808) SAN DIEGO, CALIFORNIA 921~1 • (619) 238-1776 October 23, 1985 RUNT PROPERTIES INCORPORATED 1900 Thanksgiving Towers 1601 Elm Street Dallas, Texas 75201 Attn: ROBERT F. INLOW Your No. PACIFIC RIM Our Order No. 882627-15 Dated as of October 16, 1985 at 7:30 a.m. The form of policy title insurance contemplated by this report is: PRELIMINARY REPORT Title to said estate or interest at the date hereof is vested in: N. B. HUNT, a married man as his separate property and w. H. HUNT, a married man as his separate property The estate or interest in the land hereinafter described or referred to covered by this Report is: FEE The land referred to herein is described as follows: SEE LEGAL DESCRIPTION ATTACHED , ( , :_ t-' J l (!) ORDER NO,. 88.Z~27-l?, PAGE NO. 2 ' • • At the date hereof exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy form would be as follows: 1. General and Special taxes for the fiscal year 1985-86, a lien, not yet payable. 2. The lien of supplemental taxes assessed pursuant to Chapter 498, Statutes of 1983 of the State of California. 3. The right of the public to use as a public highway those portions of Sections 2 and 11 herein described, that lie within Old Survey No. 35, those portions of Sections 2, 23, 26 and 35 herein described that lie within Old Survey No. 33, that portion of Section 34 herein described that lies within Road Survey No. 346 and those portions of Sections 34 and 35 herein described that lie within Old Survey No. 62, all as shown upon the original records in the Office of County Surveyor of San Diego County. The route or location of said easement cannot be determined from the record. Affects Parcels lA, lB, 2B and 3B. 4. An easement for a water pipe line with the right at all times of ingress and egress and incidental purposes in favor of Waring H. Ellis, a single man, recorded September 13, 1928 in Book 1529, page 45 of Deeds, described as follows: That portion of Parcel 1 herein described lying within that portion of that certain strip of land 10 feet in width, lying in Section 27, Township 12 South, Range 4 West, the center line of which is described as follows: Commencing at a point on the Northerly line of Section 27, 5 feet Easterly from the Northwest corner of said Section and measuring South 34°46' East a distance of 464.75 feet; thence South 39°46' East a distance of 1801.55 feet; thence East a distance of 1804 feet; thence North 89°54' East a distance of 2086 .82 feet; thence South 1 °46' East a distance of 1078 .50 feet; thence South 0°30' East a distance of 2595.86 feet; thence East to the Easterly boundary line of said Section 27. Affects Parcel lB. 5. Covenants, conditions and restrictions, but deleting restrictions, if any, based on race, color, religion or national origin, in an instrument recorded September 5, 1929 in Book 1660, page 476 of Deeds. Said instrument provides that a violation thereof shall not defeat or render invalid the lien of any mortgage or deed of trust made for value. Affects Parcels 2B and 3B. ORDER NO. 882627-15 PAGE NQ. 3 t ~, , r • • 6. An easement for irrigation pipe line and ditches, telephone, telegraph and electric lines and incidental purposes in favor of La Costa Acres Corporation, a corporation, recorded September 5, 1929 in Book 1660, page 476 of Deeds, located within Sections 2 and 11, Township 13 South, Range 4 West. The route or location of said easement cannot be determined from'the record. Affects Parcels 2B and 3B. 7. An easement for poles, wires and anchors for the transmission and distribution of electricity and incidental purposes in favor of San Diego Gas and Electric Company, recorded December 23, 1948 in Book 3059, page 321 of Official Records, described as follows: Beginning at a point herein known as Point "A" which point bears North 89°02' West 1527.73 feet; thence South 16°06' East 589.77 feet; thence South 73°54" West 24.0 feet from the Northeast corner of Section 14, Township 13 South, Range 4 West; thence from said Point "A" South 8°16' East to the East line of said Northwest Quarter of the Northeast Quarter of Section 14. Also: Beginning at said Point "A"; thence North 20°11' West 335.79 feet; thence North 14°06' West 701.0 feet; thence North 16°05' West 960.0 feet, more or less, to the North line of the Southwest Quarter of the Southeast Quarter of Section 11, Township 13 South, Range 4 West. Also: Beginning at a point herein known as Point "B" on the Westerly line of Rancho Las Encinitas distant thereon 58. 76 feet Southerly from the Northwest corner thereof; thence from said Poiµt "B", South 74°49' West 1.0 foot; thence South 20°56' East 316.5 feet; thence South 3°05' West to the Southerly line of said portion of said Section 2. Also: Beginning at said Point "B"; thence North 74°49' East 737.0 feet. Also: Beginning at a point on the Easterly line of said Lot 11 of Rancho Las Encinitas, distant thereon 23.62 feet Northerly from the Southeast corner thereof; thence from said Point of Beginning South 87°00' West 1210.01 feet to a point herein known as Point "C"; thence continuing South 87°00' West to the Westerly line of said Rancho Las Encinitas. Also: Beginning at said Point "C"; thence South 6°15' East to the Southerly line of said Lot 11 of Rancho Las Encinitas. Excepting from above right of way any portion thereof lying within any deeded or dedicated road, street or highway. Reference is made to said instrument for further particulars. Affects Parcel 2B. ORDER NO. 882627-15 PAGE NO. 4 \ ~ t ' • • 8. An easement and right of way for public road purposes over and across Road Survey No. 682 according to Map on file in the Office of the County Surveyor and as granted to the County of San Diego by Deeds recorded February 6, 1950 in Book 3485, page 208 and March 9, 1951 in Book 4031, page 440, both of Official Records. Said instrument also grants the privilege and right to extend and maintain drainage structures and excavation and embankment slopes beyond the limits of said right of way where required for the construction and maintenance thereof. Affects Parcels 2B and 3B. A portion of said right of way was vacated by an instrument recorded March 13, 1964 as File No. 47558 of Official Records. 9. An easement and right of way for public road purposes over and across Road Survey No. 682 according to Map on file in the Office of the County Surveyor and as granted to the County of San Diego by Deed recorded February 28, 1950 in Book 3518, page 221 0f Official Records. Said instrument also grants the privilege and right to extend and maintain drainage structures and excavation and embankment slopes beyond the limits of said right of way where required for the construction and maintenance thereof. Affects Parcels lA, lB, 2B and 3B. 10. An easement and right of way for public road purposes over and across Road Survey No. 682 according to Map on file in the Office of the County Surveyor and as granted to the County of San Diego by Deed recorded February 28, 1950 in Book 3518, page 226 of Official Records. Said instrument also grants the privilege and right to extend and maintain drainage structures and excavation and embankment slopes beyond the limits of said right of way where required for the construction and maintenance thereof. Affects Parcels 2B and 3B. 11. An easement and right of way for public road purposes over and across Road Survey No. 682 according to Map on file in the Office of the County Surveyor and as granted to the County of San Diego by Deed recorded April 7, 1954 in Book 5198, page 80 of Official Records. Said instrument also grants the privilege and right to extend and maintain drainage structures and excavation and embankment slopes beyond the limits of said right of way where required for the construction and maintenance thereof. ORDER NO. 882627-15 PAGE NO'. 5 ' ~ ' 1 • • Affects that portion of Parcel 2B which is a strip of land 100 feet wide over the Southwest Quarter of the Northeast Quarter of Section 35, Township 12 South, Range 4 West. 12. An easement for the transmission and distribution of electricity, a line or independent lines of poles or steel towers or poles and wires or cables and incidental purposes in favor of San Diego Gas and Electric Company, recorded April 16, 1954 in Book 5207, page 158 of Official Records, described as follows: The Southwesterly line of said right of way shall be parallel with and SO feet Southwesterly measured at right angles and the Northeasterly line of said right of way shall be parallel with and 150 feet Northeasterly measured at right angles from the following described line: Beginning at a point on the Easterly line of the Southwest Quarter of Section 25, Township 12 South, Range 4 West, distant thereon 337 .63 feet Southerly from the center line of said Section 25; thence North 61 °07 '53" West a distance of 6209 .55 feet to a point on the Southerly line of said Section 23 distant thereon 124 .16 feet Westerly from the Quarter corner common to said Sections 23 and 26; thence continuing North 61°07'53" West a distance of 388.27 feet to a point hereinafter known and designated as Point "A"; thence North 32°13'58" West a distance of 2368.28 feet; thence North 58°25'28" West a distance of 562.30 feet to a point on the Southerly line of Rancho Agua Hedionda as per Partition Map 823 filed in the Office of County Recorder of San Diego County, distant thereon 486.95 feet Easterly from the intersection of the West line of said Section 23 with the Southerly line of Rancho Agua Hedionda. The sidelines of the above described right of way shall be lengthened and/or shortened so as to terminate said lines in the boundaries of the above described property. Also a right of way for the hereinbefore described purposes over and across a strip of land 20 feet in width being 10 feet on each side of the following described center line: Beginning at the above described Point "A"; thence South 43°19 '05" West a distance of 110 feet. Excepting from the above described right of way any portions thereof not lying within the above described lands of the Grantors named therein. Reference is made to said instrument for further particulars. Affects Parcel lA. ORDER N~. 8~4~27-\~ PAGE NO. 6 • • 13. An easement for the transmission and distribution of electricity, a line or independent lines or poles or steel towers or poles and wires or cables and incidental purposes in favor of San Diego Gas and Electric Company, recorded April 16, 1954 in Book 5207, page 161 of Official Records, described as follows: A strip of land 100 feet in width the center line being described as follows: Beginning at a point on the Southerly line of Rancho Agua Hedionda as shown on Partition Map 823 filed in the Office of County Recorder of San Diego County, which point is 2612.84 feet Westerly from the intersection of the Easterly line of said Section 22 with the Southerly line of said Rancho Agua Hedionda; thence from said Point of Beginning South 43°08'53" East a distance of 3398.34 feet to a point on the Southerly line of said Section 22 distant thereon 287 .66 feet Westerly from the Southeast corner of said Section 22; thence continuing South 42°08'53" East a distance of 3489.25 feet; thence South 65°26'53" East a distance of 3613.45 feet to a point on the Easterly line of said Section 26; distant thereon 1268.40 feet Northerly from the Southeast corner of said Section 26; thence continuing South 65°26'53" East a distance of 5763.96 feet to a point on the Easterly line of said Section 36 distant thereon 1087 .52 feet Southerly from the Northeast corner of said Section 36. Reference is made to said instrument for further particulars. Affects Parcel lB. 14. An easement for the transmission and distribution of electricity and incidental purposes in favor of San Diego Gas and Electric Company, recorded October 16, 1956 in Book 6301, page 162 of Official Records, described as follows: The Southwesterly line of said right of way shall be parallel with and 50 feet Southwesterly, measured at right angles and the Northeasterly line of said right of way shall be parallel with and 100 feet Northeasterly, measured at right angles from the following described line: Beginning at a point on the Sout;herly line of Section 26 distant thereon 1977.99 feet Easterly from the Southwest corner of said Section 26; thence North 24°59 1 39" West, a distance of 756.26 feet to a point hereinafter known and designated as Point "A"; thence North 48 °48 109" West, a distance of 7200.31 feet to a point on the Northerly line of Section 27, distant thereon 1619.13 feet Easterly from the Northwest corner of said Section 27. Also beginning at the above described Point of Beginning; thence South 24°59 139" East, a distance of 4122.95 feet; thence South 20°52'09" East a distance of 1716.18 feet to a point on the Southerly line of Section 35; distant thereon 944 .63 feet Westerly from the Southeast corner of said Section 35. ORDER NO. ssi627-¾5 PAGE NO. 7 ' ' 1 • The side lines of the above described right of way shall be lengthened and/or shortened so as to terminate said side lines in the boundaries of the above property. Also a right of way for the hereinbefore described purposes over and across a strip of land 20 feet in width, being 10 feet on each side of the following described center line: Beginning at the above described Point "A"; thence North 53°06'06" East, a distance of 160 feet. Excepting from the above described rights of way any portions thereof not lying within the above described lands of the Grantors named therein. Reference is made to said instrument for further particulars. Affects Parcel lB. By Quitclaim Deed recorded December 26, 1973 as File No. 73-355049 of Official Records the following portion of said easement was eliminated. That certain 20.00 foot strip of land lying within the South Half of Section 26, Township 12 South, Range 4 West, San Bernardino Base and Meridian, and being 10.00 feet measured at right angles on each side of the following described center line: Commencing at a point on the Southerly line of said Section 26, distant thereon 1977.99 feet Easterly from the Southwest corner of said Section 26; thence North 24°59'39" West, a distance of 756.26 feet; thence North 53°06'06" East, 25.00 feet to the TRUE POINT OF BEGINNING of the center line of the strip of land being quitclaimed herein; thence from said TRUE POINT OF BEGINNING and continuing North 53°06'06" East, 135.00 feet. 15. An easement for electrical transmission and distribution facilities, telephone, signal and communication purposes, ingress and egress and incidental purposes in favor of San Diego Gas and Electric Company, a corporation, recorded April 26, 1957 in Book 6553, page 334 of Official Records, described as follows: A strip of land 150 feet in width, the Southwesterly line of said right of way shall be parallel with and 50 feet Southwesterly, measured at right angles, and the Northeasterly line of said right of way shall be parallel with and 100 feet Northeasterly, measured at right angles from the following described line: Beginning at a point on the Southerly line of said Section 22, distant thereon 1619.13 feet Easterly from the corner common to Sections 21, 22, 27 and 28 of said Township and Range; thence North 48°48'09" West, a distance of 1348.01 feet; thence North 28°51'09" West, a distance of 1651.34 feet to a point on the Southerly boundary line of Rancho Agua Hedionda; according to (j) ORDER NO. 8&_2•f,27-J.5 PAGE NO. 8 • the Partition Map thereof No. 823 on County Recorder, distant thereon Southwesterly corner (also known as Partition of Rancho Agua Hedionda. • file in the Office of the San Diego 3427.40 feet Easterly from the Corner No. 13) of Lot G of said Also: Beginning at the above described Point of Beginning; thence South 48°48 109" East, a distance of 7200.31 feet; thence South 24°59 139" East, a distance of 756.26 feet to a point on the Southerly line of Section 26, of said Township and Range, distant thereof 1977 .99 feet Easterly from the corner common to Sections 26, 27, 34 and 35 of said Township and Range. The side lines of the above described right of way shall be lengthened and/or shortened so as to terminate said lines in the boundaries of the above described property. Reference is made to said instrument for further particulars. Affects Parcels 1D and 2D. H,. An easement for a line or lines of poles and/or steel towers and wires and/or cables, underground conduits, cables, vaults and manholes, telephone signal and communication purposes and pipe lines and incidental purposes in favor of San Diego Gas and Electric Company, a corporation, recorded February 7, 1958 in Book 6941, page 234 of Official Records, described as follows: Th~ Southwesterly line of said right of way shall be parallel with and 50 feet Southwesterly measured at right angles and the Northeasterly line of said right of way shall be parallel with and 100 feet Northeasterly measured at right angles from the following described line: Beginning at a point on the Northerly line of said Section 27, distant thereon 1619.13 feet Easterly from the corner common to Sections 21, 22, 27 and 28 of said Township and Range; thence South 48°48 1 09" East, a distance of 7200.31 feet; thence South 24°59 139" East, a distance of 756.26 feet to a point on the Southerly line of Section 26 of said Township and Range, distant thereon 1977.99 feet Easterly from the corner common to Sections 26, 27, 34 and 35 of said Township and Range. The side lines of the above described right of way shall be lengthened and/ or shortened so as to terminate said lines in the boundaries of the above described property. Reference is made to said instrument for further particulars. Affects Parcel lE. 17. An easement for pipe line and incidental purposes in favor of Carlsbad Municipal Water District, recorded July 21, 1958 in Book 7174, page 290 of Official Records, described as follows: ORDER NO. 88?-627-J~ • l PAGE NO. 9 . • A strip of land 30 feet wide, the center line being described as follows: Beginning at the South Quarter corner of Section 22, Township 12 South, Range 4 West, San Bernardino Base and Meridian, according to Record of Survey No. 584, as filed in the Office of County Recorder of San Diego County, California, April 29, 1937; thence North 1 °51 '12" West 1056.06 feet to the True Point of Beginning; thence South 89°55'47" East 973.64 feet to the beginning of a tangent curve, concave Northerly, having a radius of 500 feet; thence Easterly along said curve through a central angle of 34 °16 '30" an arc distance of 299.11 feet; thence tangent to said curve North 55°39'17" East 977 .95 feet to the beginning of a tangent curve, concave Southerly, having a radius of 500 feet; thence Easterly along said curve through a central angle of 27°14'40" an arc distance of 237.75 feet; thence tangent to said curve North 82 °53' 57" East 1016 .03 feet to the beginning of a tangent curve, concave Southerly, having a radius of 500 feet; thence Easterly along said curve through a central angle of 32°46'00" an arc distance of 285.95 feet; thence tangent to said curve, South 64°20'03" East 609.67 feet to the beginning of a tangent curve, concave Northerly, having a radius of 600 feet; thence Easterly along said curve through a central angle of 26°10'00" an arc distance of 274.06 feet; thence tangent to said curve North 89°29'57" East 576.92 feet. Reference is made to said·instrument for further particulars. Affects Parcel lB. 18. An easement for pipe line and incidental purposes in favor of Carlsbad Municipal Water District, recorded December 4., 1959 in Book 8027, page 83 of Official Records, described as follows: A 20 foot easement for water line purposes situated in the Southeast Quarter of the Southeast Quarter of Section 28, Township 12 South, Range 4 West, San Bernardino Base and Meridian, the center line of which is described as follows: Beginning at the Northwest corner of the Southwest Quarter of the Southeast Quarter of Section 28, Township 12 South, Range 4 West, San Bernardino Base and Meridian; thence along the Northerly line thereof Easterly 227.57 feet; thence South 23.31 East 597.11 feet; thence South 17°06' East 483.89 feet; thence South 11°03' West 326.5 feet, more or less, to the Southerly line of said Southeast Quarter of the Southeast Quarter of said Section 28; thence Westerly along said Southerly line South 89° 5 7 '55" West 204 .17 feet; thence Southerly 10.00 feet, measured at right angles to said last mentioned Southerly line; thence along a line parallel to said Southerly line North 89°57'55" East 204.17 feet to an angle point; thence North 81°04'55" East 423 .18 feet to the beginning of a 430 foot radius tangent curve concave Northwesterly; thence Northeasterly along said curve 266.92 feet through an angle of 35°34'; thence tangent to said last mentioned curve North 45°30'55" East 286.07 feet to the Westerly boundary of said Southeast Quarter of the Southeast Quarter of said Section 28, said point being the True Point of ORDER NO. 88i627-1J ' l ' PAGE NO. 10 . • Beginning; thence continuing along last mentioned course North 45°30'55" East 224.26 feet, the side lines of said easement to be prolonged or shortened at the terminus of said last mentioned Westerly boundary. Reference is made to said instrument for further particulars. Affects Parcel lC. 19. An easement for gas pipe lines and incidental purposes in favor of San Diego Gas and Electric Company, recorded March 2, 1960 as File No. 42870 of Official Records, described as follows: Said easement being 30 feet in width, the Southwesterly and Westerly line of said right of way shall be parallel with and 10 feet Southwesterly and Westerly, measured at right angles, and the Northeasterly and Easterly line of said right of way shall be parallel with and 20 feet Northeasterly and Easterly, measured at right angles from the following described line: Beginning at a point in the Northerly boundary line of Rancho Las Encinitas, according to Map thereof No. 848 filed in the Office of County Recorder of San Diego County, distant thereon North 76°00'38" East, 182.16 feet from the Northwest corner of said Rancho Las Encinitas; thence from Point of Beginning, North 36°36'15" West, a distance of 592.43 feet; thence parallel with and 50.0 feet Southwesterly and Westerly measured at right angles from the center line of County Road Survey No. 682 filed in the Office of County Surveyor of San Diego County, the following courses and distances: North 36°36'15" West (record North 36°51' West) a distance of 382.87 feet to a beginning of a tangent curve concave Northeasterly, having a radius of 2050.0 feet; thence Northwesterly and Northerly, along the arc of said curve through a central angle of 27°35'30", a distance of 979.57 feet; thence North 9°10'45" West (record North 9°25'30" West) tangent to said curve, a distance of 288.61 feet to the beginning of a tangent curve concave Southwesterly, having a radius of 2950.0 feet; thence Northerly and Northwesterly along the arc of said curve through a central angle of 15°35' a distance of 340.0 feet, more or less, to the Northerly line of said Section 2. Also: Beginning at said Point of Beginning; thence South 36°36'15" East, a distance of 309.99 feet. Reference is made to said instrument for further particulars. Affects Parcel 2B. Said instrument, among other things, provides Grantor also grants to Grantee the right during construction of Grantee's initial pipe line, to use for purposes incidental to said construction, a strip of land 45 feet in width adjacent and contiguous to the within granted easement and right of way, said strip to be in whole or in part on either side of the same, said right to use said strip of land ceasing and being terminated at such time as said initial construction is completed. ORDER NO. 882627-15 • PAGE NO. 11'. '' • NOTE: An instrument recorded July 26, 1972 as File No. 194159 of Official Records, executed by San Diego Gas & Electric Company, a California corporation, purports to quitclaim to the County of San Diego, a municipal corporation, any interest in that portion of said easement described as follows: That certain strip of land 10.00 feet in width lying within Lots 9, 14, 15 and the Southwest Quarter of the Southeast Quarter of Section 35, Township 12 South, Range 4 West, San Bernardino Base and Meridian, and within Lots 3 and 6 and the Southeast Quarter of the Northwest Quarter of Section 2, Township 13 South, Range 4 West, San Bernardino Base and Meridian, being particularly described as follows: The Easterly and Northeasterly line of said 10.00 foot wide strip of land shall be parallel with and 20.00 feet Easterly and Northeasterly measured at right angles and the Westerly and Southwesterly line of said 10.00 foot wide strip of land shall be parallel width and 10.00 feet Easterly and Northeasterly measured at right angles from the following described reference line: Beginning at a point in the Northerly boundary of Rancho Las Encinitas, according to Map thereof No. 848, filed in the Office of County Recorder of San Diego County, distant thereon North 76°00'37" East, 182.16 feet from the Northwest corner of said Rancho Las Encinitas; thence from said Point of Beginning North 36°36'15" West (record North 36°51' West), a distance of 592 .43 feet to a point on a line that is parallel with and 50 .00 feet Southwesterly measured at right angles from the center line of County Road Survey No. 682, filed in the Office of County Surveyor of San Diego County; thence along a line that is parallel and concentric with said center line the following courses and distances: North 36°36'15" West (record North 36°51' West) 382.87 feet to the beginning of a tangent curve, concave Northeasterly, having a radius of 2050 .00 feet; thence Northwesterly and Northerly along the arc of said curve through a central angle of 27°35' 30" a distance of 979.57 feet; thence North 9°10'45" West (record North 9°25'30" West) tangent to said curve, a distance of 288.61 feet to the beginning of a tangent curve concave Southwesterly, having a radius of 2950.00 feet; thence Northerly and Northwesterly along the arc of said curve through a central angle of 15°35'00' a distance of 802.34 feet; thence North 24°45'45" West (record North 25°25'30" West), tangent to said curve, a distance of 1100.05 feet to the beginning of a tangent curve concave Northeasterly, having a radius of 3050.00 feet; thence Northwesterly and Northerly along the arc of said curve through a central angle of 15°38 '30", a distance of 832. 77 feet; thence North 9°07'15" West (record North 9°22' West) tangent to said curve, a distance of 754.26 feet to a point that is 50.00 feet Westerly measured at right angles from Engineer's Station 382 plus 00 in the center line of said County Road Survey No. 862 (108 plus 00 R.S. 1800-1). 20. An easement for gas pipe lines and incidental purposes in favor of San Diego Gas and Electric Company, recorded July 25, 1960 as File No. 149737 of Official Records, described as follows: ORDER NO. 882627-15 PAGE NO. 12 • • Said easement being 30 feet in width, the Southwesterly and We~terly line of said right of way shall be parallel with and 10 feet Southwesterly and Westerly measured at right angles and the Northeasterly and Easterly line of said right of way shall be parallel with and 20 feet Northeasterly and Easterly measured at right angles from following described line: Beginning at a point in Northerly boundary line of Rancho Las Encinitas according to Map thereof No. 848 filed in the Office of County Recorder of San Diego County, distant thereon North 76°00137" East 182.16 feet from the Northwest corner of said Rancho· Las Encinitas; thence from said Point of Beginning North 36°361 15" West (record North 36 °51 1 West) a distance of 975.30 feet to the beginning _of a tangent curve concave Northeasterly, having a radius of 2050.00 feet; thence Northwesterly and Northerly along the arc of said curve through a central angle of 27°35' 30", a distance of 979.57 feet; thence North 9°10'45" West (record North 9°25 130" West) tangent to said curve, a distance of 288.61 feet to the beginning of a tangent curve concave Southwesterly, having a radius of 2950.0 feet; thence Northerly and Northwesterly along the arc of said curve through a central angle of 15°35', a distance of 802.34 feet; thence North 24°45 145" West (record North 25°001 30" West), tangent to said curve, a distance of 1100.05 feet to the beginning of a tangent curve concave Northeasterly, having a radius of 3050.0 feet; thence Northwesterly and Northerly along the arc of said curve through a central angle of 15°38'30", a distance of 832.77 feet; thence North 9°07 1 15" West ( record North 9°22' West) tangent to said curve, a distance of 989.84 feet to the beginning of a tangent curve concave Easterly, having a radius of 1550.0 feet; thence Northerly along the arc of said curve through a central angle of 28°4 7 1 a distance of 781. 70 feet; thence North 19°39 1 45" East (record North 19°25' East) tangent to said curve, a distance of 2473.39 feet to the beginning of a tangent curve concave Westerly, having a radius of 1950.0 feet; thence Northerly along the arc of said curve through a central angle of 27°351 , a distance of 938.77 feet; thence North 7°55'15" West (record North 8°10' West) a distance of 1721.35 feet to the beginning of a tangent curve concave Southwesterly, having a radius of 1950.0 feet; thence Northwesterly along the arc of said curve through a central angle of 25°25 1 30", a distance of 865.31 feet; thence North 33°20 1 45" West (record North 33°351 30" West) a distance of 816.96 feet; thence North 3°15'15" East, a distance of 189.13 feet to a point in the Northerly boundary line of said Section 26, distant thereon South 89°53 140" East 200.15 feet from the North Quarter corner of said Section 26. The described line of said easement through the above described property is 50.0 feet Westerly and Southwesterly from and parallel with the center line of County Road Survey No. 682 filed in the Office of County Surveyor of San Diego County. The side lines of the hereinbefore described right of way, 30 feet in width, shall be lengthened and/or shortened so that said side lines shall be continuous and shall terminate in the boundaries of the above described lands of the Grantor herein. ORDER NO. 884627-!5 PAGE NO. 13 • • Excepting from the above described right of way any portion thereof lying within the above described lands of the Grantor herein. Reference is made to said instrument for further particulars. Affects Parcel 2B. Said instrument, among other things, provides "Grantor also grants to Grantee the right during construction of the initial pipe line, to use for purposes incidental to said construction a strip of land 45 feet in width adjacent and contiguous to the within granted easement and right of way, said strip to be in whole or in part on either side of the same, said right to use said strip of land ceasing and being terminated at such time as said initial constructio~ is completed." NOTE: An instrument recorded July 26, 1972 as File No. 194159 of Official Records executed by San Diego Gas & Electric Company, a California corporation, purports to quitclaim to the County of San Diego, a municipal corporation, any interest in that portion of said easement described as follows: That certain strip of land 10.00 feet in width lying within Lots 9, 14, 15 and the Southwest Quarter of the Southeast Quarter of Section 35, Township 12 South, Range 4 West, San Bernardino Base and Meridian, and within Lots 3 and 6 and the Southeast Quarter of the Northwest Quarter of Section 2, Township 13 South, Range 4 West, San Bernardino Base and Meridian, being particularly described as follows: The Easterly and Northeasterly line of said 10.00 foot wide strip of land shall be parallel with and 20.00 feet Easterly and Northeasterly measured at right angles and the Westerly and Southwesterly line of said 10.00 foot wide strip of land shall be parallel with and 10.00 feet Easterly and Northeasterly measured at right angles from the following described reference line: Beginning at a point in the Northerly boundary line of Rancho Las Encinitas, according to Map thereof No. 848, filed in the Office of County Recorder of San Diego County, distant thereon North 76°001 37" East, 182.16 feet from the Northwest corner of said Rancho Las Encinitas; thence from said Point of ·Beginning North 36°361 15" West (record North 36°51" West) a distance of 592.43 feet to a point on a line that is parallel with and 50.00 feet Southwesterly measured at right angles from the center line of County Road Survey No. 682, filed in the Office of County Surveyor of San Diego County; thence along a line that is parallel and concentric with said center line the following courses and distances: North 36°36 1 15" West (record North 36°51" West) 382.8 feet to the beginning of a tangent curve concave Northeasterly, having a radius of 2050.00 feet; thence Northwesterly and Northerly along the arc of said curve through a central angle of 27°35 130" a distance of 979.57 feet; thence North 9°10 145" West (record North 9°25 130" ORDER NO·. 882627-1'5' PAGE NO. 14 • West) tangent to said curve, a distance of 288.61 feet to the beginning of a tangent curve, concave Southwesterly having a radius of 2950.00 feet; thence Northerly and Northwesterly along the arc of said curve through a central angle of 15°35'00" a distance of 802.34 feet; thence North 24°45'45" West (record North 25°00'30" West), tangent to said curve, a distance of 1100.05 feet to the beginning of a tangent curve concave Northeasterly, having a radius of 3050.00 feet; thence Northwesterly and Northerly along the arc of said curve through a central angle of 15 °38 '30" a distance of 832. 77 feet; thence North 9°07'15" West (record North 9°22' West) tangent to said curve, a distance of 754.26 feet to a point that is 50.00 feet Westerly measured at right angles from Engineer's Station 382 plus 00 in the center line of said County Road Survey No. 862 (108 plus 00 R.S. 1800-1). An Agreement regarding joint use of said easement, dated August 27, 1982, upon the terms, covenants, and conditions contained therein. EXECUTED BY AND BETWEEN: SAN DIEGO GAS AND ELECTRIC COMPANY and LEUCADIA COUNTY WATER DISTRICT. RECORDED: September 3, 1982 as File No. 82-274498 of Official Records. 21. The privilege and right to extend drainage structures and excavation and embankment slopes beyond the limits of Road Survey Nos. 682-A and 1631 where required for the construction and maintenance of said roads as granted in Deed recorded September 28, 1961 as File No. 169289 of Official Records. Affects Parcel 3B. 22. An easement for poles, wires and anchors for the transmission and distribution of electricity and incidental purposes in favor of San Diego Gas and Electric Company, recorded October 17, 1961 as File No. 180011 of Official Records, described as follows: That certain strip of land 12 .O feet in width being 6 .o feet measured at right angles on each side of the following described center line: Beginning at a point on the Northerly line of Lot 3 in Section 2, which said point bears South 89°53'15" East, 1210.42 feet from a 2 inch capped pipe in a rock mound marking the South Quarter corner of Section 35, Township 12 South, Range 4 West, San Bernardino Base and Meridian; thence from said Point of Beginning, South 18°09'08" East, 27 .87 feet; thence South 12°27'08" East, 299.93 feet; thence South 9°25'53" East, 300.78 feet; thence South 13°50'38" East, 300.22 feet to a point hereinafter known and designated as Point "A"; thence South 22°09'53" East, 299.72 feet to a point hereinafter known and designated as Point "B"; thence South 31 °03'23" East, 300.14 feet to a point hereinafter known and designated as Point "C"; thence South 36°18'08" East, 564.09 feet to a point hereinafter known and designated as Point "D"; thence South 28°00 138" East, 250.28 feet to a point hereinafter known and designated as Point "E"; thence South 18° 52' 38" East, 256. 72 feet to a point hereinafter known and designated as Point "F", said point being more particularly located as follows: Commencing at the Northwest corner of said Rancho Las Encinitas; thence North 75°45'44" East along the Northerly ORDER NO. 88,2627-;-l,5 • PAGE NO. 15 ' • line thereof, a distance of 0.20 feet; thence South 20°58'16" East, 58.85 feet; thence North 72°46'44" East 44 feet to said Point "F". Also: A right of way for the hereinbefore described purposes over and across those certain strips of land 4.0 feet in width, being 2.0 feet on each side of the following described center lines: 1. Beginning at said Point "A"; thence South 71°59'44" West, 23.0 feet. 2. Beginning at said Point .. B"; thence South 63°23'22" West, 22.0 feet. 3. Beginning at said Point "C"; thence South 56°19'14" West, 23.0 feet. 4. Beginning at said Point "D"; thence North 57°50'37" East, 52.0 feet. 5. Beginning at said Point "E"; thence North 66°33'22" East, 52.0 feet. Excepting from the above described right of way any portion thereof not lying within the above described lands of the Grantor named therein. Reference is made to said instrument for further particulars. Affects Parcel 2B. 23. An easement for poles, wires and anchors for the transmission and distribution of electricity and incidental purposes in favor of San Diego Gas and Electric Company, recorded October 17, 1961 as File No. 180018 of Official Records, described as follows: A strip of land 12 feet wide, the center line of which is described as follows: Beginning at a point on the Southerly line of said Southwest Quarter of the Southeast Quarter of Section 35, distant thereon South 89°53 '15" East 1210.42 feet from a 2' inch capped pipe in a rock mound marking the South Quarter corner of said Section 35; thence from said Point of Beginning, North 18°09'08" West 264.63 feet to a point hereinafter known and designated as Point "A"; thence North 23°37 108" West 300.02 feet to a point hereinafter known and designated as Point "B"; thence North 25°02'08" West 992.29 feet to a point hereinafter known and designated as Point "C"; thence North 21 °46'08" West 370.17 feet to a point hereinafter known and designated as Point "D"; thence North 51 °13 '52" East 686 .22 feet to a point hereinafter known and designated as Point "E", which said Point "E" bears South 3°42'11" West 449.74 feet from the corner common to Lots 6, 9, 14 and 15 in said Section 35. Also: Beginning at said Point of Beginning; thence South 18°09'08" East 27.87 feet to a point hereinafter known and designated as Point "F"; thence South 12°27'08" East, 299.93 feet to a point hereinafter known and designated as Point "G"; thence South 9°25'53" East 300.78 feet to a point hereinafter known and designated as Point "H"; thence South 13° 50' 38" East 300.22 feet; thence South 22°09'53" East 299.72 feet; thence South 31°03'23" East 300.14 feet; thence South 35°20' 38" East 299 .89 feet; thence South 20°58'16" East 693.12 feet to a point on the Northerly line of Rancho Las ORDER NO. 882627-15 • PAGE NO. 1'6\ • , , Encinitas, according to Map thereof No. 848 filed in the Office of County Recorder of San Diego County, distant thereon North 75°45'44" East 0.20 feet from the Northwest corner thereof. Also: A right of way for the hereinbefore described purposes over and across those certain strips of land, 4.0 feet in width, being 2.0 feet on each side of the following described center lines: 1. Beginning at said Point "A"; thence North 69°06'58" East, 52.0 feet. 2. Beginning at said Point "B"; thence North 65°40'22" East, 52.0 feet. 3. Beginning at said Point "C"; thence South 66°35'52" West, 23.0 feet. 4. Beginning at said Point "D"; thence South 51°13'52" West, 23.0 feet. 5. Beginning at said Point "E"; thence North 51°13'52" East, 25.0 feet. 6. Beginning at said Point "F"; thence North 74°41'52" East, 52.0 feet. 7. Beginning at said Point "G"; thence North 79°03'30" East, 52.0 feet. 8. Beginning at said Point "H"; thence South 78°21'45" West, 23.0 feet. Excepting from the above described right of way any portion thereof not lying within the above described lands of the Grantor named therein. Reference is made to said instrument for further particulars. Affects Parcel 2B. ·24. An easement for pipeline and incidental purposes in favor of Carlsbad Municipal Water District, recorded February 27, 1962 as File No. 33068 of Official Records, described as follows: The Westerly 20.00 feet of the Northwest Quarter of the Southwest Quarter of Section 26, Township 12 South, Range 4 West, and the Westerly 20.00 feet of the North Half of the Southwest Quarter of the Southwest Quarter of Section 26, Township 12 South, Range 4 West. Affects Parcel lB. 25. An easement for pipe line and incidental purposes in favor of Carlsbad Municipal Water District, recorded February 27 ,1962 as File No. 33070 of Official Records, located within the Northerly 20.00 feet of the Westerly 894.38 feet. Affects Parcel lA. 26. An easement for poles, wires and anchors for the transmission and distribution of electicity and incidental purposes in favor of San Diego Gas and Electric Company, recorded August 23, 1963 as File No. 150835 of Official Records, described as follows: A strip of land 12 feet wide the center line being described as follows: ORDER NO. 882927-15 PAGE N.O. 1•7•, • • Beginning at a point on the Easterly line of said Lot 8, distant thereon South 20°56' East 811.92 feet from the Northeast corner thereof; thence from said Point of Beginning, South 87°00' West 103.55 feet; thence North 74°07' West 360.84 feet; thence North 48°48' West 383.79 feet. Reference is made to said instrument for further particulars. Affects Parcel 3B. 27. An easement for a sewer pipe line or pipe lines and incidental purposes in favor of Leucadia County Water District, a po\itical subdivision, recorded October 7, 1963 as File No. 178460 of Official Records, described as follow: A strip of land 10 feet wide, the center line of said 10 foot strip being described as follows: Beginning at Engineer's Station 419 plus 77.72 B. C. on the center line of the 60 foot right of way for a county road known as Road Survey No. 682, according to Map thereof on file in the Office of County Surveyor of San Diego County, said center line bearing North 9°25'30" West from said point; thence South 29°50'33" West 122.31 feet; thence South 14°11'01' East 500 feet; thence South 26°56'01" East 527 feet; thence South 48°21'01" East 360 feet; thence South 30°44'41" East 641.72 feet to Engineer's Station 440 plus 58.52 on said center line of Road Survey No. 682. Reference is made to said instrument for further particulars. Affects Parcel 2B. 28. An easement for poles, wires and anchors for the transmission and distribution of electricity and incidental purposes in favor of San Diego Gas and Electric Company, recorded October 20, 1965 as File No. 190722 of Official Records, described as follows: A strip of land 12 feet in width, the center line being described as follows: Commencing at the most Westerly corner of said Rancho Las Encinitas; thence South 21 °12 '00" East, along the Southwesterly line thereof, a distance of 376.10 feet to the True Point of Beginning of the center line of right of way herein described; thence from said True Point of Beginning, North 3°50'30" West, 325.30· feet to an intersection with the center line of that certain right of way granted to San Diego Gas & Electric Company, a corporation, recorded December 23, 1948 in Book 3059, page 321 of Official Records of said County of San Diego. Reference is made to said instrument for further particulars. Affects Parcel 2B. ORDER N9. 8~2627-l§ PAGE NO. 18 • , 29. An easement for pipeline or pipelines for any and all purposes and conduits and cables for power transmission and communication purposes and incidental purposes in favor of CARLSBAD MUNICIPAL WATER DISTRICT, recorded September 27, 1966 as File No. 156084 of Official Records, described as follows: The Westerly 20 feet of said South Half of the West Half of the North Half of the South Half of the Northwest Quarter of Section 26, Township 12 South, Range 4 West and also including the Westerly 20 feet of said South Half of the South Half of the Southwest Quarter of the Northwest Quarter of Section 26, Township 12 South, Range 4 West. Reference is made to said instrument for further particulars. Affects Parcel lF. 30. The fact that the Southwesterly boundary of Parcels lC and 2C has no access to the adjacent freeway on the Southwest as said access was relinquished to the State of California by document recorded April 6, 1965 as File No. 60313 and October 7, 1966 as File No. 16?594, respectively, both of Official Records. 31. An easement for public road and incidental purposes in favor of the County of San Diego, recorded November 15, 1966 as File No. 180730 of Official Records, described as follows: A strip of land 60 feet wide, 30 feet on each side of the following described center line: Commencing at an angle point in the Northeasterly boundary of land described· in Deed to the State of California, recorded April 6, 1965 as File No. 60313 of Official Records, in the Office of County Recorder of San Diego County, said angle point being marked by a 1 1/2 inch pipe tagged "DIV. HWY$." being at coordinates Y equals 335,887.14 feet and X equals 1,680,010.83 feet; thence along bearings and distances based on the California Coordinate System Grid Zone VI, as follows: South 28°40'06" East along said Northeasterly boundary line and the prolongation thereof, 90.00 feet to the True Point of Beginning, said point having grid coordinates N equals 335,808.173 and E equals 1,680,053.206 of said Grid Zone VI; thence North 61°19'54" East 24.37 feet to the beginning of a tangent curve to the left having a radius of 4850 feet; thence Northeasterly along said curve through a central angle of 3°34'25", a distance of 302.50 feet; thence tangent to said curve North 57°45'29" East 405.52 feet to the beginning of a tangent curve to the right having a radius of 1400 feet; thence Easterly along said curve through a central angle of 15°13 '25", a distance of 371.98 feet; thence tangent to said curve North 72°58'54" East 418.15 feet to the beginning of a tangent curve to the right having a radius of 1400 feet; thence Northeasterly along said curve through a central angle of 18°11 '59", a distance of 444. 70 feet; thence tangent to said curve South 88 °49 '07" East 1443 .17 feet to the beginning of a tangent {j) ORDER NO. 882627~15 • PAGE NO. 19'. ' • curve to the left having a radius of 1400 feet; thence Easterly along said curve through a central angle of 12°35'05", a distance of 307.50 feet; thence tangent to said curve North 78°35 '48" East 870 .32 feet to the Point of Beginning of a tangent curve to the right having a radius of 1700 feet, said point being Engineer's Station 89 plus 61.70 B. C. in the center line of Road Survey No. 1796-65 on file in the Office of County Surveyor of San Diego County as shown on Sheet 4 of said Survey; thence Easterly and Southeasterly along said curve through a central angle of 40°22 '26" a distance of 1197 .92 feet; thence tangent to said curve South 61 °01 '46" East 1297.68 feet to the Point of Beginning of a tangent curve to the left having a radius of 1500 feet, said point being Engineer's Station 114 plus 57.30 B. C. in the center line of said Road Survey No. 1796-65; thence Southeasterly along said curve through a central angle of 34°11' 14" a distance of 895 .02 feet; thence tangent to said curve North 84°47'00" East 689.81 feet to a point on the center line of Road Survey No. 682, a plat of which is on file in said Office of the County Surveyor, said point bearing South 52°02'49" East 558 .81 feet from the Easterly terminus of the common boundary line between Lots 7 and 16 of Section 35, Township 12 South, Range 4 West, said center line point also having grid coordinates N equals 335,770.646 and E equals 1,688,300.279 of said Zone VI. Said instrument also grants the privilege and right to extend and maintain drainage structures and excavation and embankment slopes beyond the limits of said right of way where required for the construction and maintenance thereof. Affects Parcel 2B. 32. An easement for a line of poles with wires for the transmission and distribution of electricity, together with the right of ingress thereto and egress therefrom and incidental purposes in favor of San Diego Gas and Electric Company, recorded January 16, 1967 as File No. 6083 of Official records, described as follows: Lot 9 in Section 35, Township 12 South, Range 4 West, San Bernardino Base and Meridian, excepting therefrom that portion described in a Deed recorded December 18, 1962 as Recorder's File No. 215100 of Official Records of said County of San Diego. Said easement shall be 12 .00 feet in width, being 6 .00 feet measured at right angles, on each side of the following described center line: Commencing at Engineer's Station 397+73.25 on the center line of Road Survey No. 682 (El Camino Real), filed in the office of the County Engineer of said County of San Diego, said Engineer's Station bears North 24°24'48" West, (Record North 25°00 130" West) from Engineer's Station 405+o0.00 of said Road Survey, said Engineer's Station 397+73.25 being the beginning of a tangent curve concave Northeasterly having a radius of 3000.00 feet; thence Northwesterly along the arc of said curve through a central angle of 7°03 '58", a distance of 369 .98 feet; thence leaving said center line, South ORDER NO. ~~2627:-~5 • PAGE NO. 20 · • 84°47'01" West, a distance of 59.20 feet; thence North 25°35'00" West, a distance of 58.50 feet to the TRUE POINT OF BEGINNING of the center line of right of way herein described; thence from said TRUE POINT OF BEGINNING, South 25°35'00" East, a distance of 462.30 feet. ALSO: Beginning at the above described TRUE POINT OF BEGINNING; thence North 89°56'00" East, to the Easterly line of the above described property, being a distance of 70 feet, more or less. ALSO: Within those certain 4 .00 foot strips of land, being 2 .00 feet on each side of the following described center lines: 1. Beginning at the above described TRUE POINT OF BEGINNING; thence North 5°52'00" West, a distance of 21.00 feet. 2. Beginning at the above described TRUE POINT OF BEGINNING; thence South 78°15'00" West, a distance of 21.00 feet. Reference is made to said instrument for further particulars. Affects Parcel 2B. 33. An easement for underground communication structures and incidental purposes in favor of the Pacific Telephone and Telegraph Company, recorded October 26, 1967 as File No. 166923 of Official Records, described as follows: A strip of land 5 feet in width lying Easterly of and abutting the following described line: Beginning at the Northeasterly corner of the South 10 acres of the Northeast Quarter of the Southwest Quarter of said Section 23; thence South 89°55'02" West 444 .58 feet to a point in a non-tangent curve concave to the East having a radius of 1545 feet, a radial line of said curve through said point bearing North 77°36' 38" West; thence Southerly along said curve 333 feet more or less to the True Point of Beginning in the Northerly line of said property; thence continuing Southerly along said curve 737 feet to the Point of Termination. Reference is made to said instrument for further particulars. Affects Parcel lA. 34. An easement for poles, wires and anchors for the transmission and distribution of electricity and incidental purposes in favor of San Diego Gas and Electric Company, recorded August 9, 1968 as File No. 136472 of Official Records, located within the Southeast Quarter of the Southwest Quarter together with the Southwest Quarter of the Southwest Quarter, except therefrom the South Half of the Southwest Quarter of the Southwest Quarter all being in Section 26, Township 12 South, Range 4 West, San Bernardino Base and Meridian. ORDER NO. ~8.2627:-~5 • PAGE NO. 21 · The said easement and right of way in the aforesaid lands shall be 12. 00 feet in _width, being 6.00 feet measured at right angles on each side of the following described center line: Commencing at the Southwest corner of said Section 26; thence North 1°15'53" West along the Westerly line of said Section 26, a distance of 653.79 feet to an intersection with a line that is parallel with and 2.00 feet Southerly of the Northerly line of said South Half of the Southwest Quarter of the Southwest Quarter; thence South 89°29' 13" East along said parallel line, 648.01 feet to a point, which said point is the True Point of Beginning of the center line of right of way herein described; thence from said True Point of Beginning, continuing along said parallel line 110.73 feet to a point hereinafter known and designated as Point "A"; thence from said Point "A", continuing South 89°29'13" East, 561.28 feet; thence North 86°25'17" East to the Southwesterly line of that certain right of way granted to San Diego Gas and Electric Company, a corporation, recorded October 16, 1956 in Book 6301, page 162 of said Official Records of said County of San Diego, being a distance of 285 feet, more or less. Also: That certain 4 .00 foot strip of land over and across the above described property being 2.00 feet on each side of the following described center line: Beginning at the above described Point "A"; thence North 11 °34'17" East, 25.00 feet. Excepting from the above described right of way any portion thereof not lying within the above described lands of the Grantor named therein. Reference is made to said instrument for further particulars. Affects Parcel lB. By Quit Claim Deed recorded November 26, 1969 as File No. 216504 of Official Records, the following portion of easement was eliminated: The Southerly 25.00 feet of the North Half of the Southwest Quarter of the Southwest Quarter of Section 26, Township 12 South, Range 4 West, San Bernardino Base and Meridian. 35. An easement for the transmission and distribution of electricity, underground facilities consisting of conduits, pads, manholes, handholes and junction boxes with wires and cables placed therein, together with the right of ingress thereto and egress therefrom and incidental purposes in favor of San Diego Gas and Electric Company, recorded November 12, 1968 as File No. 198193 of Official Records, described as follows: ORDER NO. 882627-15 • PAGE NO. 22 '. • ' I That portion of Lot 14 of Section 35, Township 12 South, Range 4 West, San Bernardino Base and Meridian, described in a Deed recorded in Book 6352, page 375 of Official Records of said County of San Diego, excepting therefrom that portion described in a Deed recorded December 18, 1962 as Recorder's File No. 215100 of said Official Records. Said easement shall be a strip of land 8.00 feet in width, being 4.00 feet on each side of the following described center line: Commencing at the North Quarter corner of said Section 35; thence North 89°18'39" West along the Northerly line of said Section 35, a distance of 658.56 feet; thence leaving said Northerly line South 24°59'39" East, 1857.69 feet; thence South 75°00'21" West, 8.00 feet to the TRUE POINT OF BEGINNING of the center line of right of way herein described; thence from said TRUE POINT OF BEGINNING, South 24°59'3"9" East, 100.00 feet. Reference is made to said instrmnent for further particulars. Affects Parcel 2B. 36. The privilege and right to extend drainage structures and excavation and embankment slopes beyond the limits of Road Survey No. 1800-1 where required for the construction and maintenance of said road as granted in Deed recorded November 24, 1969 as File No. 214742 of Official Records. Located within that portion of said Southeast Quarter of the Southwest Quarter of Section 23, described as follows: Commencing at the Northerly terminus of that certain curve concave Westerly in the center line hereinbefore described in Parcel 68371-A in Deed to the County of San Diego recorded November 24, 1969 as File No. 214742 of Official Records, having a radius of 1800 feet, a central angle of 25°25'30" and a length of 798. 7 5 feet; thence Northwesterly along said center line 1025.52 feet to Engineer's Station 242 plus 25 in said center line; thence Northwesterly along said center line the following distances to designated points: 125 feet to Point "A"; 100 feet to Point "B"; 50 feet to Point "C"; 100 feet to Point "D"; 50 feet to Point "E"; 50 feet to Point "F"; 150 feet to Point "G"; 50 feet to Point "K"; 100 feet to Point "L"; 100 feet to Point "M"; 100 feet to Point "N"; 100 feet to Point "O"; 100 feet to Point "P"; 100 feet to Point "Q"; thence continuing Northerly along said center line 100 feet to Engineer's Station 258 plus 00 and the True Point of Beginning; thence Westerly a distance of 50 feet measured radially from said center line; thence in a general Southerly direction to and along straight lines that connect a series of points bearing Westerly and Southwesterly from the hereinbefore designated points measured at right angles or radially from said center line and being the following distances, respectively, from said designated points: 57 feet from Point "Q"; 57 feet from Point "P"; 57 feet from Point "O"; 57 feet from Point "N"; 55 feet from Point "M"; 51 feet from Point "L"; 51 feet from Point "K"; 55 feet from Point "H"; 55 feet from Point "F"; 50 feet from Point "D"; 55 feet from Point "C"; 75 feet from ORDER NO. 882627-15 PAGE NO. 23, • , • I Point "B"; 90 feet from Point "A"; thence continuing Southerly to a point that bears .105 feet Southwesterly from said Engineer's Station 242 plus 25 measured at right angles to said center line; thence Northeasterly to said Engineer's Station; thence continuing Northeasterly at right angles to said center line 51 feet; thence in a general direction to and along straight lines that connect a series of points bearing Easterly and Northeasterly from the hereinbefore designated points measured at right angles or radially from said center line and being the following distances, respectively, from said designated points: 60 feet from Point "A"; 60 feet from Point "B"; 100 feet from Point "E"; 90 feet from Point "G"; 80 feet from Point "I"; 50 feet from Point "J"; 55 feet from Point "K"; 55 feet from Point "L"; 52 feet from Point "N"; 52 feet from Point "O"; 52 feet from Point "P"; 52 feet from Point "Q"; thence continuing Northerly to a point that bears 52 feet Easterly from the True Point of Beginning measured at right angles to said center line; thence Westerly to the True Point of Beginning. Said instrument, among other things, provides the following: Reserving unto the Grantors herein, their heirs or assigns, the right at any time to remove such slopes or portions hereinbefore described in Parcel 68371-B (of said instrument) upon removing the necessity for maintaining such slopes or portions thereof, or upon providing in place thereof other adequate lateral support, together with the right to reclaim any portion of land described therein for said drainage facilities by providing in place thereof other adequate structures. The foregoing rights reserved unto the Grantors may be exercised either separately or concurrently, provided that in any case, the design and construction thereof shall be first approved by the County Engineer of the County of San Diego for the protection and support of the adjacent county highway. Affects Parcel lA. 37. The privilege and right to extend drainage structures and excavation and embankment slopes beyond the limits of Road Survey No. 1800-1 where required for the construction and maintenance of said road as granted in Deed recorded November 28, 1969 as File Nos. 217326 and 217327 of Official Records. Affects Parcel 2B, adjacent to Road Survey No. 1800-1. Said instrument, among other things, provides the following: Reserving unto the Grantors herein, their heirs or assigns, the right at any time to remove such slopes or portions hereinbefore described in Parcels 67080E, 67080F and 67083D (of said instrument) upon removing the necessity for maintaining such slopes or portions thereof, or upon providing in place thereof other adequate lateral support, together with the right to reclaim any portion of the land described therein for said drainage facilities by providing in place thereof other adequate structures. ORDER NO. &82627·--l.5 PAGE NO. 24 • The foregoing rights reserved unto the Grantors may be exercised either separately or concurrently, provided that in any case, the design and construction thereof sha~l be first approved by the County Engineer of the County of San Diego for the protection and support of the adjacent county highway. 38. The privilege and right to extend drainage structures and excavation and embankment slopes beyond the limits of Road Survey No. 1800-1 where required for the construction and maintenance of said road as granted in Deed recorded February 16, 1970 as File No. 27777 of Official Records. Affects the Easterly boundary of Parcel 2B. 39. An easement for public road and incidental purposes in favor of the County of San Diego recorded March 19, 1970 as File No. 49122 of Official Records, described as follows: That portion of Lot 8, Section 2, Township 13 South, Range 4 West, San Bernardino Base and Meridian, described as follows: Commencing at Engineer's Station 81 plus 15.97 B. C. in the center line described in Parcel 67080-A of Deed to County of San Diego, recorded November 28, 1969 as File No. 217326 of Official Records filed in the Office of the County Recorder of San Diego County, said Engineer's Station being referred to in Parcel 67080-C of said Deed; thence South 1°38'13" West along said center line, 65.97 feet; thence leaving said center line South 88°21 '47" East 63 feet to the Southeast corner of said Parcel 67080-C and the True Point of Beginning; thence South 1 °38'13" West 25 feet; thence North 88°21'47" West 18 feet to the Easterly line of a strip of land 90 feet wide described in said Parcel 67080-A; thence along said Easterly line North 1°38'13" West 25 feet; thence North 88°21'47" West 18 feet to the True Point of Beginning. Said instrument also grants the privilege and right to extend and maintain drainage structures and excavation and embankment slopes beyond the limits of said right of way where required for the construction and maintenance thereof. Affects Parcel 3B. 40. An easement for drainage and embankment slopes and incidental purposes in favor of County of San Diego, recorded June 22, 1970 as File No. 108453 of Official Records, described as follows: That portion of said Southeast Quarter of the Southwest Quarter of Section 23 described as follows: Commencing at the Northerly terminus of that certain curve concave Westerly in the center line hereinbefore described in Parcel 68371-A in Deed to the County of San Diego recorded June 22, 1970 as Recorder's File No. 108453 of ORDER NO. 882627-l5 ' . . PAGE NO~ 25 • ' Official Records having a radius of 1800 feet, a central angle of 25°25'30" and a length of 798.75 feet; thence Northwesterly along said center line 1025.52 feet to the Engineer's Station 242 Plus 00 in said center line per Plat of Road Survey No. 1800-1 filed in the Office of the County Engineer in said County; thence Northwesterly along said center line the following distances to designated points: 100 feet to point "A"; 100 feet to point "B"; 100 feet to point "C"; 200 feet to point "D"; 50 feet to point "E"; 50 feet to point "F"; 100 feet to point "G"; 100 feet to point "H"; 50 feet to point "I"; 50 feet to point "J"; 100 feet to point "K"; 100 feet to point "L"; 100 feet to point "M"; 100 feet to point "N"; 100 feet to point "O"; 100 feet to point "P"; thence continuing Northerly along said center line 100 feet to Engineer's Station 258 Plus 00 and the True Point of Beginning; thence Westerly a distance of 50 feet measured radially from said center line; thence in a general Southerly direction to and along said straight lines that connect a series of points bearing Westerly and Southwesterly from the hereinbefore designated points measured at right angles or radially from said center line and being the following distances, respectively, from said designated points: 57 feet from point "P"; 57 feet from point "O"; 57 feet from point "N"; 57 point from point "M"; 55 feet from point "L"; 51 feet from point "K"; 51 feet from point "J"; 51 feet from point "H"; 50 feet from point "G"; 45 feet from point "F"; 55 feet from point "E"; 50 feet from point "D"; 50 feet from point "C"; 60 feet from point "B"; 70 feet from point "A"; thence continuing Southerly to a point that bears 7 5 feet Southwesterly from said Engineer's Station 242 Plus 00 measured at right angles to said center line; thence Northeasterly to said Engineer's Station; thence continuing Northeasterly at right angles to said center line 50 feet; thence in a general Northerly direction to and along straight lines that connect a series of points bearing Easterly and Northeasterly from the hereinbefore designated points measured at right angles or radially from said center line and being the following distances, respectively, from said designated points: 55 feet from point "A"; 55 feet from point "B"; 60 feet from point "C"; 55 feet from point "D"; 95 feet from point "E"; 80 feet from point "H"; 50 feet from point "I"; 55 feet from point "J"; 55 feet from point "K"; 55 feet from point "L"; 52 feet from point "M"; 52 feet from point "N"; 52 feet from point "O"; 52 feet from point "P"; thence continuing Northerly to a point that bears 52 feet Easterly from the True Point of Beginning measured at right angles to said center line; thence Westerly to the True Point of Beginning. Said instrument, among other things, provides the following: Reserving unto the owners herein, their heirs or assigns, the right at any time to remove such. slopes or portions hereinbefore described in Parcel 6837-B (of said instrument) upon removing the necessity for maintaining such slopes or portions thereof, or upon providing in place thereof other adequate lateral support, together with the right to reclaim any portion of the land described therein for said drainage facilities by providing in place thereof other adequate structures. ORDER NO. 882627-15 L • ,. » PAGE NO·. 26 .. • The foregoing rights reserved unto the owners may be exercised either separately or concurrently, provided that in any case, the design and construction thereof shall be first approved by the County Engineer of the County of San Diego for the protection and support of the adjacent County Highway. Excepting from all of the above those portions thereof described in Deed to County of San Diego recorded November 24, 1969, as File No. 214742 of Official Records filed in the Office of County Recorder of San Diego County. Affects Parcel lA. 41. An easement for public road and incidental purposes in favor of the County of San Diego recorded June 22, 1970 as File No. 108454 of Official Records, described as follows: That portion of Lot 8, Section 2, Township 13 South, Range 4 West, San Bernardino Base and Meridian, described as follows: Commencing at Engineer's Station 81 plus 15 .97, said point being the beginning of a curve in the center line described in Parcel 67080-A of Deed to County of San Diego and referred to in Parcel 67080-C-l of easement to County of San Diego, recorded March 19, 1970 as Document No. 49122 of Official Records on file in the Office of County Recorder of San Diego County; thence South 1 °33'13" West along said line, 90.97 feet; thence leaving said center line South 88°21 '47" East 63 feet to the Southeast corner of said Parcel 67080-C-l; thence South 1°38'13" West 60 feet to the True Point of Beginning; thence retracing along the two last mentioned courses as follows: North 1°38'13" East 60 feet and North 88°21'47" West 18 feet to the Easterly line of a strip of land 90 feet wide described in said Parcel 67080-A; thence North 1 °38'13" West along said Easterly line, 135 feet; thence leaving said Easterly line Northeasterly to the True Point of Beginning. Said instrument also grants the privilege and right to extend and maintain drainage structures and excavation and embankment slopes beyond the limits of said right of way where required for the construction and maintenance thereof. Affects Parcel 3B. 42. An easement for guy poles and/or anchors, together with the right of ingress thereto and egress therefrom and incidental purposes in favor of San Diego Gas and Electric Company recorded December 31, 1970 as File No. 241007 of Official Records, located within that certain strip of land 4.00 feet in width, being 2.00 feet on each side of the following described center line: Commencing at the Northeast corner of said Northwest Quarter of the Northeast Quarter; thence North 89°50'05" West along the Northerly line thereof, a distance of 784.15 feet to a point hereinafter known and ORDER NO. 882627-15 PAGE NO. 27 · • designated as Point "A"; thence from said Point "A", and leaving said Northerly line South 5°03'55" West 241.50 feet; thence South 83°06'35" East, 123 .00 feet to the TRUE POINT OF BEGINNING of the center line herein described; thence from said TRUE POINT OF BEGINNING and retracing North 83°06'35" West, 25.00 feet. ALSO: Commencing at said Point "A"; thence North 5°03' 55" East, 105.20 feet; thence South 86°45'35" East, 123.00 feet to the TRUE POINT OF BF.GINNING of the center line herein described; thence from said TRUE POINT OF BEGINNING, and retracing North 86°45'35" West, 25.00 feet. Reference is made to said instrument for further particulars. Affects Parcel 3B. 43. An easement for the transmission and distribution of electricity and incidental purposes in favor of San Diego Gas and Electric Company recorded December 17, 1974 as File No. 74-326951 of Official Records, located within a strip of land 8 feet in width being 4 feet measured at right angles on each side of the following described center line: Commencing at the Northwest corner of said Lot 9; said Northwest corner bears North 00°01 '27" West from the Southwest corner thereof; thence South 52°02'49" East 588.81 feet; thence South 38°38'42" West, 74.50 feet; thence South 19°44'18" East, 91.00 feet to the True Point of Beginning of the center line herein described; thence from said True Point of Beginning retracing North 19°44'18" West, 71.00 feet. ALSO: Beginning at said True Point of Beginning; thence South 23 °16' 18" East, 121.00 feet. Reference is made to said instrument for further particulars. Affects Parcel 2B. 44. An easement for a pipeline or pipelines and incidental purposes in favor of Olivenhain Municipal Water District, recorded July 22, 1975 as File No• 75-189465 of Official Records, located within a strip of land 30 feet of even width, the center line being described as follows: Commencing at the Northwesterly terminus of that certain course in the center line of County Road Survey No. 1800-1 which is designated in the Deed to the County of San Diego recorded November 28, 1969 as File No. 217326 of Official Records as "North 36°17'34" West 292.24 feet"; thence along said course, South 36°15'35" East (Record South 36°17'34" East) 187.45 feet to the True Point of Beginning of the herein described center line; thence South 54°29'55" West, to the Westerly boundary of land described as follows: Commencing at the Quarter Section corner of Section 2, Township 13 South, Range 4 West, on the Township line and running West on said line, 270.00 ORDER NO. 882627-15 PAGE NO~ 28' ' • feet to a stake; thence South 06°45'00" East 725.00 feet to a stake; thence South 66°15 '00" West 284 .50 feet to a stake; thence South 20°15 '00" East, 142.00 feet to a stake; thence South 32°15'00" -East 158.00 feet to the True Point of Beginning; thence North 66°29'20" East 91.00 feet to the Westerly line of Road Survey No. 682 -60.00 feet wide-known as El Camino Real; thence in a Southerly direction along the Westerly line of said Road Survey No. 682, to an intersection with the Southerly line of Lot 6 of said Section 2; thence Westerly along said Southerly line to the Southwest corner of said Lot 6; thence Northerly along the Westerly line of said Lot to an intersection with a line bearing South 32°15'00" East from the True Point of Beginning; thence North 32°15'00" West to the True Point of Beginning. Reference is made to said instr~ent for further particulars. Affects Parcel 2B 45. An easement for a pipeline or pipelines and incidental purposes in favor of Olivenhain Municipal Water District recorded July 22, 197 5 as File No. 75-189466 of Official Records, located within that portion of Parcel 2 herein described lying within a strip of land 30.00 feet of even width, the center line of said 30.00 foot wide strip of land being described as follows: Commencing at the Northwesterly terminus of that certain course in the center line of County Road Survey No. 1800-1 which is designated in the Deed to the County of San Diego recorded November 28, 1969 as File No. 217326 of Official Records as "North 36°17'34" West 292.24 feet"; thence along said course, South 36°15'35" East (Record South 36°17'34" East) 187.45 feet to the True Point of Beginning of the herein described center line: thence South 54°29'55" West 1096.45 feet; thence South 2°15'44" West 251.98 feet; thence South 72°30'30" West 847.84 feet; thence South 76°52'48" West 786.34 feet; thence North 60°05' 33" West 231.08 feet to a point on the Westerly line of said Section 2, distant thereon North 1°47'58" West 85.75 feet from the West Quarter corner of said Section 2. Together with the right and privilege to spill water into the existing natural drainage swale on the lands of the grantor named herein, which said swale drains in a general Easterly direction and crosses the Westerly line of said Section 2 at a point of approximately 140.00 feet Northerly of the West Quarter corner of said Section. Reference is made to said instrument for further particulars. Affects Parcel 2B. 46. An easement for water system, sewerage, drainage, power line, excavation, and/or embankment facilities and incidental purposes in favor of the City of Carlsbad, recorded March 11, 1976 as File No. 76-071622 of Official Records, located within strips of land ,20 feet in width, being 10 feet in width on each side of the following described center lines, and all contained within ORDER NO. 882627-15. .A PAGE NO. ·29 W Sections 26, 35, 34 and 33, Township 12 South, Range 4 West, San Bernardino Base and Meridian, in the County of San Diego, State of California within said Section 34: Beginning at a point on the East line of said Section 34, South 0°32' 26" West thereon a distance of 348 .96 feet from the Northeast corner of said Section 34; thence from said Point of Beginning of the center line to be described South 75°10'00" West a distance of 169.59 feet; thence South 49°25'00" West a distance of 532.15 feet; thence South 66°25'00" West a distance of 340.21 feet; thence South 56°20'00" West a distance of 309.00 feet; thence North 62°00'00" West a distance of 333.00 feet; thence North 56°20'00" West a distance of 350.00 feet; thence South 81 °20'00" West a distance of 161.00 feet; thence South 37°00'00" West a distance of 222.00 feet; thence South 81°00'00" West a distance of 547.00 feet; thence South 89°30'00" West a distance of 350.00 feet; thence South 88°10'00" West a distance of 350.00 feet; thence South 88°30'00" West a distance of 350.00 feet; thence North 29°00'00" West a distance of 182.00 feet; thence South 86°17'00" West a distance of 79.03 feet; thence South 20°33'00" West a distance of 167 .00 feet; thence South 26°00' 00" West a distance of 282 .00 feet; thence South 75°40'00" West a distance of 365.00 feet; thence South 62°50'00" West a distance of 240.00 feet; thence North 57°20'00" West a distance of 239 .00 feet; thence North 79°05 '00" West a distance of 350 .00 feet; thence North 78°37'00" West a distance of 306.89 feet to the West line of said Section 34, distant thereon South 0°43'04" East 1,302.59 feet from the Northwest corner of said Section 34. The sidelines of the above described 20 foot wide easement are to be lengthened or shortened as necessary so as to form a continuous boundary between the East line and the West line of said Section 34. Reference is made to said instrument for further particulars. Affects Parcel lC. 47. An easement for an enclosed or unenclosed flood drainage channel and incidental purposes in favor of San Diego County Flood Control District, Zone 1 recorded May 26, 1976 as File No. 76-159954 of Official Records, located within that portion of the Southwest Quarter of the Southeast Quarter of Section 26, Township 12 South, Range 4 ~est, described as follows: Commencing at the Southwest corner of the Southwest Quarter of the Southeast Quarter of said Section 26; thence Northerly along the Westerly line of said Southwest Quarter of the Southeast Quarter, North 0°00'27" West, a distance of 309.43 feet; thence leaving said Westerly line, North 89°59'33" East, a distance of 249. 71 feet to the True Point of Beginning; thence South 75°31'14" East, a distance! of 40.00 feet; thence South 14°28'46" West, a distance of 58.00 feet; thence South 75°31 '14" East a distance of 220.00 feet; thence South 14°28'46" West, a distance of 97.00 feet; thence North 75°31'14" West a distance of 55.00 feet; thence South 14°28'46" West, a ORDER NO. S82627-15 A PAGE NO. 30 · ., • distance of 40.00 feet; thence North 75°31'14" West a distance of 80.00 feet; thence North 14 °28 '46" East a distance of 40 .00 feet; thence North 49°52'45" West, a distance of 138.65 feet; thence North 14°28'46" East a distance of 95.00 feet to the True Point of Beginning. And that portion of the Southeast Quarter of the Southwest Quarter of said Section 26, described as follows: Commencing at the Southeast corner of said Southeast Quarter of the Southwest Quarter of said Section 26; : thence along the Southerly line of said Southeast Quarter of the Southwest Quarter, North 88°48'03" West, a distance of 547 .47 feet to a point in the Easterly line of that certain parcel of land described in Deed to San Diego Gas & Electric Company, recorded October 16, 1956 in Book 6301, page 162 of Official Records; thence Northerly along said Easterly line, North 24°29'12" West, a distance of 504 .52 feet to the True Point of Beginning; thence leaving said Easterly line, North 65°30'48" East, a distance of 107 .00 feet; thence North 24°29'12" West, a distance of 10.00 feet; thence South 65°30'48" West, a distance of 162 .00 feet; thence South 36°50'05" East a distance of 39 .68 feet; thence North 65°30'48" East, a distance of 15.00 feet; thence North 8°00'00" West, a distance of 30.00 feet; thence North 65°30'48" East, a distance of 23.00 feet to the True Point of Beginning. Reference is made to said instrument for further particulars. Affects Parcel lB. 48. An easement ~or an enclosed or unenclosed flood drainage channel and incidental purposes in favor of San Diego County Flood Control District, Zone 1, recorded November 22, 1976 as File No. 76-391112 of Official Records, located within those portions of Sections 27 and 28 of Township 12 South, Range 4 West, San Bernardino Base and Meridian, State of California, described in the following Parcels: PARCEL 1: Commencing at the Southwest corner of the Northwest Quarter of the Southest Quarter of said Section 28; thence South 89°08 '38" East, a distance of 2327.17 feet to the True Point of Beginning; thence continuing South 89°08'38" East, a distance of 10.86 feet; thence South 22°07'00" East, a distance of 92.88 feet; thence South 67°53'00" West, a distance of 10.00 feet; thence North 22°07'00" West, a distance of 97 .12 feet to the True Point of Beginning. PARCEL 2: . Commencing at the Southwest corner of the Northwest Quarter of the Southeast Quarter of said Section 28; thence South 89°08'38" East a distance of 1627.95 feet to the True Point of Beginning; thence continuing South 89°08'38" East, a distance of 31.95 feet; thence South 52°06'08" West a ORDER Nq. 882627-15 PAGE NO. 31 • distance of 49.84 feet; thence North 37°53'52" West, a distance of 20.00 feet; thence North 52°06'08" East 24.92 feet to the True Point of Beginning. PARCEL 3: Commencing at the West Quarter corner of said Section 27; thence South 35°38'20" East a distance of 141.96 feet; thence South 3°53'00" West, a distance of 65.39 feet to the True Point of Beginning; thence North 85°18'43" East, a distance of 44.25 feet; thence South 4°41'17" East, a distance of 10.00 feet; thence South 85°18'43" West, a distance of 45.75 feet; thence North 3°53'00" East a distance of 10.11 feet to the True Point of Beginning. Reference is made to said instrument for further particulars. Affects Parcel lB. 49. An easement for the transmission and distribution of electricity, underground facilities consisting of conduits, manholes, handholes and junction boxes with wires and cables placed therein and aboveground structures consisting of pads, transformers, and other aboveground structures, together with the right of ingress thereto and egress therefrom and incidental purposes in favor of San Diego Gas & Electric Company, recorded May 10, 1977 as File No. 77-177430 of Official Records, located within that portion of Lot 2 (North Half, Northeast Quarter) of Section 33, Township 12 South, Range 4 West, San Bernardino, described in a Deed recorded November 21, 1956 in Book 6352, page 37 5 of Official Records of said County of San Diego. Said easement shall be 8.00 feet in width, being 4.00 feet measured at right angles, on the following described center line: Commencing at the Northeast corner of said Section 33; thence along the Northerly line thereof North 89°45 '34" West, 1356 .12 feet; thence leaving said Northerly line South 1 °20'42" East, 767 .70 feet to the True Point of Beginning of the·center line herein described; thence from said True Point of Beginning South 69°481 44 East, 144.02 feet to the beginning of a tangent 25 .00 foot radius curve concave Northerly; thence Southeasterly, Easterly and Northeasterly along the arc of said curve through a central angle of 49°55'20", a distance of 21.78 feet; thence tangent North 60°15'56" East, 7.86 feet. Reference is made to said instrument for further particulars. Affects Parcel lC. SO. NOTE: A Certificate of Compliance affecting the herein described property was recorded June 12, 1980 as File No. 80-188196 of Official Records. ORDER NO. 882627~15 • PAGE No·. 32 ' • 51. An easement for sewer pipeline and incidental purposes in favor of Leucadia County Water District, recorded July 21, 1982 as File No. 82-223154 of 52. Official Records, located within a portion of the North Half of Section 2, Township 13 South, Range 4 West, San Bernardino Base and Meridian, in the County of San Diego, State of California, that portion is more particularly described in a strip of land 20.00 feet in width, 5.00 feet to the East and 15.00 feet to the West of the following described pipe alignment: Beginning at the point on Road Survey 1800-1 designated as Station 100 Plus 27.02 on sheet 10, thence North 7°00'27 West, 354.51 feet to the True Point of Beginning; thence North 30°08'48" West, 336.34 feet; thence North 47°34' 56" West, 359 .47 feet; thence North 26°21' 19" West, 524 .00 feet; thence North 14°11 101" West, 494.84 feet; thence North 32°43'01" East, 18 feet to the intersection with the Westerly right-of-way line for El Camino Real as described by RS 1800-1 which is the end. Th~ Easterly and Westerly easement lines described above shall be foreshortened or lengthened as required to begin and end on the Westerly right-of-way line for El Camino Real · as described by RS 1800-1. This easement excludes any portion of Parcel 255-011-05. Reference is made to said instrument for further particulars. Affects Parcel 2B. A Deed of Trust to secure an indebtedness in the original principal sum of $450,000.00, and any other amounts and/or obligations secured thereby, recorded April 14, 1982 as File No. 82-102266 of Official Records. DATED: April 2, 1982 TRUSTOR: N. B. HUNT, A MARRIED MAN AS HIS SEPARATE PROPERTY AND W.R. TRUSTEE: BENEFICIARY: HUNT, A MARRIED MAN AS HIS SEPARATE PROPERTY TITLE INSURANCE AND TRUST COMPANY, A CALIFORNIA CORPORATION ANDREW W. MC REYNOLDS AND CHRISTA M. MC REYNOLDS, HUSBAND AND WIFE, AS TO AN UNDIVIDED ONE-HALF INTEREST AND ALBERT P. GRAFF AND MARION R. GRAFF, HUSBAND AND WIFE, AS TO AN UNDIVIDED ONE-HALF INTEREST Affects Parcels lC and 2C. 53. ORDER NO. 8,82 62 7-;l 5 A PAGE NO-. 33 '. ' W • A Deed of Trust to secure an indebtedness in the original principal sum of $275,000.00, and any other amounts and/or obligations secured thereby, recorded May 28, 1982 as File No. 82-162831 of Official Records. DATED: May 19, 1982 TRUSTOR: N. B. HUNT, A MARRIED MAN AS HIS SEPARATE PROPERTY; AND W. H. TRUSTEE: BENEFICIARY: HUNT, A MARRIED MAN AS HIS SEPARATE PROPERTY TITLE INSURANCE AND TRUST COMPANY, A CALIFORNIA CORPORATION ROBERT C. STILLMAN AND BUNA WINEVA STILLMAN, HUSBAND AND WIFE AS JOINT TENANTS, AS TO AN UNDIVIDED TWO-THIRDS INTEREST; AND RONALD C. STILLMAN AND BRENDA L. STILLMAN, HUSBAND AND WIFE AS JOINT TENANTS, AS TO AN UNDIVIDED ONE-THIRD INTEREST Affects Parcel lE. 54. A Deed of Trust for the purpose of securing the faithful performance of each and all of the obligations of the trustor under that certain agreement, and any other obligations therein contained, recorded October 12, 1982 as File No. 82-313091 of Official Records. DATED: July 30, 1982 TRUSTOR: NELSON BUNKER HUNT AND W. HERBERT HUNT TRUSTEE: TITLE INSURANCE AND TRUST COMPANY, A CALIFORNIA CORPORATION BENEFICIARY: REPUBLICBANK DALLAS, N.A., (FORMERLY REPUBLIC NATIONAL BANK OF DALLAS), A NATIONAL BANKING ASSOCIATION 55. A financing statement filed in the Office of the County Recorder, showing DEBTOR: SECURED PARTY: DATE: FILE NO.: Nelson Bunker Hunt Republic Bank Dallas, N.A. ( formerly Republic National Bank of Dallas) May 19, 1983 PROPERTY COVERED: 83-166266 of Official Records All of the herein described land 56. A Deed of Trust to secure an indebtedness in the original principal sum of $200,000.00, and any other amounts and/or obligations secured thereby, recorded July 14, 1983 as File No. 83-239213 of Official Records. DATED: JULY 11, 1983 TRUS TOR: N. B. HUNT, A MARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY, AND W. H. HUNT, A MARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY TRUSTEE: TICOR TITLE INSURANCE COMPANY OF CALIFORNIA, A CALIFORNIA CORPORATION BENEFICIARY: ROBERT L. WHITNEY AND NINA M. WHITNEY, HUSBAND AND WIFE AS JOINT TENANTS Affects Parcel lF. ORDER NO. 882627-15 PAGE NO. 34· • 57. An Agreement regarding the payment of a public facilities fee, dated September 7th, 1983 upon the terms, covenants, and conditions contained therein. EXECUTED BY AND BETWEEN: N. B. HUNT and W. H. HUNT and THE CITY OF CARLSBAD RECORDED: October 20, 1983 as File No. 83-378945 of Official Records. Reference is made to said instrument for further particulars. 1984-85 TAX INFORMATION: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: JDtEM!'I '--__ ,:. ~-,-.:~-- 62017 215-020-13 $2,207.93 PAID $2,207.93 PAID $401,778 .oo $-0- $-0- 62017 215-021-04 $651.05 PAID $651 .05 PAID $118,473 .oo $-0- $-0- 09027 215-051-10 $7,199.31 PAID $7,199.31 PAID $1,302,996.00 $-0- $-0- 09027 215-080-02 $5,805.90 PAID $5,805.90 PAID $1,050,804.00 $-0- $-0- 62010 216-121-12 $1,453.39 PAID $1,453.39 PAID $262,701.00 $-0- _$-0-- ORDER NO. 8~2p27-l~ • PAGE NO.· 35 , 1984-85 TAX INFORMATION: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS : EXEMPT: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS : EXEMPT: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: 73047 216-122-01 $351.40 PAID $351.40 PAID $65,149.00 $-0- $-0- 73001 216-122-13 $3,732.43 PAID $3,732.43 PAID $693,530.00 $-0- $-0- 73103 216-122-23 $45.31 PAID $45 .31 PAID $8,405.00 $-0- $-0- 73046 216-122-24 $3,128.86 PAID $3,128.86 PAID $525,402.00 $42,032.00 $-0- 73055 255-021-01 $4,011.97 PAID $4,011.97 PAID $735,562.00 $-0- $-0- 73001 255-021-02 $904.83 PAID $904 .83 PAID $168,128.00 $-0- $-0- • ORDER NO. 882627-15 PAGE NO. 36' , ' • • 1984-85 TAX INFORMATION: CODE AREA: 73001 PARCEL NO.: 255-011-01 1ST INSTALLMENT: $17,983.58 PAID 2ND INSTALLMENT: $17,983.58 PAID LAND VALUE: $3,341,556.00 IMPROVEMENTS: $-0- EXEMPT: $-0- CODE AREA: 73001 PARCEL NO.: 255-011-04 1ST INSTALLMENT: $1,357.24 PAID 2ND INSTALLMENT: $1,357.24 PAID LAND VALUE: $252,192.00 IMPROVEMENTS: $-0- EXEMPT: $-0- CODE AREA: 73001 PARCEL NO.: 255-024-01 1ST INSTALLMENT: $1,526.90 PAID. 2ND INSTALLMENT: $1,526.90 PAID LAND VALUE: $283,717.00 IMPROVEMENTS: $-0- EXEMPT: $-0- CODE AREA: 73093 PARCEL NO.: 257-040-15 1ST INSTALLMENT: $2,657.94 PAID 2ND INSTALLMENT: $2,657.94 PAID LAND VALUE: $493,877.00 IMPROVEMENTS: $-0- EXEMPT: $-0- CODE AREA: 62017 PARCEL NO.: 216-111-01 1ST INSTALLMENT: $10,190.44 PAID 2ND INSTALLMENT: $10,190.44 PAID LAND VALUE: $1,854,360.00 IMPROVEMENTS: $-0- EXEMPT: $-0- CODE AREA: 62010 PARCEL NO.: 216-111-02 1ST INSTALLMENT: $9,119.33 PAID 2ND INSTALLMENT: $9,119.33 . PAID LAND VALUE: $1,648,320.00 IMPROVEMENTS: $-0- EXEMPT: $-0- ORDER NO. 882627~15 • PAGE NO~ 37 . 1984-85 TAX INFORMATION: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: 62017 214-170-51 $5,095.22 PAID $5,095.22 PAID $927,180.00 $-0- $-0- 62010 216-150-06 $4,103.69 PAID $4,103.69 PAID $741,744.00 $-0- $-0- 62010 216-150-07 $56.99 PAID $56.99 PAID $10,302.00 $-0- $-0- 73047 216-110-02 $111.13 PAID $111.13 PAID $20,604.00 $-0- $-0- 73034 216-110-19 $333.40 PAID $333.40 PAID $61,812.00 $-0- $-0- 73034 216-110-28 $111.13 PAID $111.13 PAID $20,604.00 $-0- $-0- • ORDER NO. 882627.?.J.5 • PAGE No·. 38 . 1984-85 TAX INFORMATION: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND V~UE: IMPROVEMENTS: EXEMPT: 62017 215-040-02-01 and 215-040-02-02 $1,502.22 PAID $1,502.22 PAID $273,360.00 $-0- $-0- 62017 215-040-15 $1,939.43 PAID $1,939.43 PAID $352,920.00 $-0- $-0- 09027 215-040-16 $34,835.41 PAID $34,835.41PAID $6,304,824.00 $-0- $-0- 62017 215-070-05-01 and 215-070-05-02 $375.55 PAID $375.55 PAID $68,340.00 $-0- $-0- 62017 215-050-14 $1,511.23 PAID $1,511.23 PAID $275,000.00 $-0- $-0- • ORDER NO. 882627-15 PAGE NO. 39 '. , 1984-85 TAX INFORMATION: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: X-SECURED REFERENCE Disk No. C-1267 62017 839-037-81-63 $1,120.44 PAID $1,120.44 PAID $216,951.00 $-0- $-0- • LEGAL DE$QRIPTJON 1A ORDER ·NO. ·882627-.... • The land referred to herein is situated in the State of California, County of San Diego, and is described as follows: PART A: PARCEL lA: The Southeast Quarter of the Southwest Quarter of-Section 23, Township 12 South, Range 4 West, San Bernardino Base and Meridian, in the County of San Diego, State of California, according to Official Plat thereof. Excepting therefrom those portions conveyed to the County of San Diego by Deeds recorded November 24, 1969 as Document No. 214742 and June 22, 1970 as Document No. 108453 of Official Records. PART B: All that real property partly in the City of Carlsbad all in the County of San Diego, State of California, being those portions of Sections 22, 23, 26, 27, 28, 33, 34 and 35, Township 12 South, Range 4 West, San Bernardino Base and Meridian .and those portions of Sections 2 and 11, Township 13 South, Range 4 West, San Bernardino Base and Meridian and those portions of Rancho Las Encinitas, according to Map thereof No. 848 filed in the Office of County Recorder of San Diego County that are described in Parcels lB, 2B and 3B as follows: PARCEL lB: All of those portions of Sections 22, 26, 27, 28, and 34 of Township 12 South, Range 4 West, San Bernardino Base and Meridian that are described as follows: The Southeast Quarter of the Southeast Quarter and Lot 1 in Section 22, Township 12 South, Range 4 West, San Bernardino Base and Meridian, according to Official Plat thereof. Excepting from said Lot 1 that portion thereof lying North of the South boundary line of the Rancho Agua Hedionda as said South line was established· May 5, 1913 by Decree of the Superior Court of the State of California, in and for San Diego County in that certain Action No. 16830, entitled Kelly Investment Company, a corporation vs. Clarence Dayton Hillman and Bessie Olive Hillman. AND ALSO The East Half of the Southwest Quarter; the Northwest Quarter of the Southwest Quarter and the North Half of the Southwest Quarter of the Southwest Quarter of Section 26, Township 12 South, Range 4 West, San Bernardino Base and Meridian, according to Official Plat thereof. LEGAL DESC,R,IPT]QN A ORDER N·O. 8·82627-15W' AND ALSO The East Half of the Northeast Quarter; the Southwest Quarter of the Northeast Quarter; the West Half of the Northwest Quarter and the Southeast Quarter of the Northwest Quarter of Section 27, Township 12 South, Range 4 West, San Bernardino Base and Meridian, according to Official Plat thereof. AND ALSO The South Half of Section 27, Township 12 South, Range 4 West, San Bernardino Base and Meridian, according to Official Plat thereof. AND ALSO The East Half of the Southeast Quarter of Section 28, Township 12 South, Range 4 West, San Bernardino Base and Meridian, according to Official Plat thereof. Excepting from Section 26, those portions lying within Carlsbad Tract 72-34, (Rancho La Cuesta) Unit Numbers 1, 2, 3 and 4, according to Maps thereof Numbered 8350, 8351, 8352 and 8353, respectively, filed in the Office of County Recorder of San Diego County. Also excepting from said Sections 27 and 28 those portions lying within Carlsbad Tract No. 73-39 {Spinnaker Hill) Unit Nos. 1, 2 and 3, according to Maps thereof Numbered 8404, 8405 and 8453 respectively, filed in the Office of County Recorder of San Diego County. AND ALSO Including those portions of said Section 34 that are Northerly of the following described line: Beginning at a point in the West line of said Southeast Quarter of the Southeast Quarter of Section 28, said point being North 0°02 '29" West, 1,097.86 feet of the Southwest corner thereof; thence North 84 °27 'OS" East, 635 .38 feet to the beginning of a tangent 800.00 foot radius curve, concave Southwesterly; thence Southeasterly along the arc of said curve through a central angle of 80°34' 56", a distance of 1,125.14 feet; thence South 14°57'59" East, 382.64 feet to the beginning of a tangent 600.00 foot radius curve, concave Northeasterly; thence Southeasterly along the arc of said curve through a central angle of 62°27 '37", a distance of 654.08 feet; thence South 77°25'36" East, 478.86 feet to the beginning of a tangent 600.00 foot radius curve, concave Northerly; thence Easterly along the arc of said curve through a central angle of 49°01 '46", a distance of 513.43 feet; thence North 53°32'38" East, 233.36 feet to the beginning of a tangent 600.00 foot radius curve, concave Southerly; thence Easterly along the arc of said curve through a central angle of 49°42 '35", a distance of 520.56 feet; thence South 76°44'47" East, 267.58 feet to the beginning of a tangent 600.00 foot radius curve, concave Northerly; thence Easterly along the arc of said curve through a central angle of 25°35'18" a distance of 267.96 feet; thence North 77°39'55" East, 1,086.20 feet to the LEGAL DESCRIPTION ORDER ~o., ~826'2,7-l. • beginning of a tangent 600.00 foot radius curve, concave Southerly; thence Easterly along the arc of said curve through a central angle of 51 °28 '40", a distance of 539.07 feet; thence South 50°51'25" East, 272.54 feet to the beginning of a tangent 600.00 foot radius curve, concave Northerly; thence Easterly along the arc of said curve through a central angel of 78°37'24", a distance of 823.34 feet to the Easterly line of said Section 34. Also excepting those portions of said Sections 27 and 28 lying Southerly of the above described line. And excepting therefrom that portion of said Section 26, that is Easterly of the following described line: Beginning at the most Southerly corner of Lot 329 of Carlsbad Tract 72-34, Unit No. 4, according to Map thereof No. 8353, filed in the Office of County Recorder of San Diego County. Thence Southeasterly along the Easterly line of that 150 foot wide easement to San Diego Gas and Electric Company recorded October 16, 1956 in Book 6301, page 162 of Official Records of said San Diego County a distance of 514.17 feet, more or less, to the Southerly line of said Section 26. PARCEL 2B: All that real property situated in the County of San Diego, State of California, bounded and described as follows: Lot 1 -excepting the North 20 acres thereof -and Lot 9 of Section 35 Township 12 South, Range 4 West, San Bernardino Base and Meridian, according to United States Government Survey approved, October 25, 1875. Lots 11, 12, 13, 14, 15, 16 and 17 and the Southeast Quarter of the Northwest Quarter of Section 35, Township 12 South, Range 4 West, San Bernardino Base and Meridian, according to United States Government Survey as lying within the salt marsh or slough. Excepting those portions lying Easterly of the center line of the County Highway known as right of way 682, as described in Deed to the County of San Diego, recorded February 28, 1950 in Book 3518, page 221 of Official Records. Also excepting therefrom those portions thereof described in Deed to the County of San Diego, Road Survey No. 1800-1, recorded November 28, 1969 as Document No. 217326 of Official Records. Also excepting that portion of said Lot 9 lying Southerly of the center line of that certain 60 foot strip as described in Deed to the County of San Diego, recorded November 15, 1966 as Document No. 180730 of Official Records, known as Road Survey No. 1796-66 on file in the Office of County Surveyor of San Diego County. LEGAL .DES~RIPTiON. ORDER NO. 882627- AND ALSO • Lot 4, the Southwest Quarter of the Northwest Quarter; the Northwest Quarter of the Southwest Quarter of Section 2, Township 13 South, Range 4 West, San Bernardino Base and Meridian, according to United States Government Survey approved April 19, 1881, together with Lot 3 and the Southeast Quarter of the Northwest Quarter of Section 2, Township 13 South, Range 4 West San Bernardino Base and Meridian, according to United States Government Survey approved April 19, 1881, excepting therefrom that portion thereof conveyed by Magdalena Beller to Frederick Prindle by Deed dated March 13, 1895, recorded in Book 237, page 335 of Deeds, described as follows: Commencing at the Quarter Section corner of said Section 2 on the Township line and running West on said line 270 feet to a stake; thence South 6°45' East, 725 feet to a stake; thence South 66°15' West, 284 1/2 feet to a stake; thence South 20°15' East, 142 feet to a stake; thence South 32°15' East, 986 feet, more of less, to a stake intersecting the North and South Quarter Section line of said Section 2; thence North on said Quarter Section line 1795 feet, more or less, to the place of beginning. Also excepting therefrom those portions thereof described in Deed to the County ·of San Diego, Road Survey No. 1800-1 recorded November 28, 1969, Recorder's File No. 217326 of Official Records. Also excepting that portion of said Lot 3 lying Easterly of the Easterly line of said Road Survey No. 1800-1. AND ALSO That portion of the South Ralf of Section 2, Township 13 South, Range 4 West, San Bernardino Base and Meridian, in the County of San Diego, State of California, according to United States Government Survey approved April 19, 1881, described as follows: Beginning at the concrete monument designating the center of said Section 2; thence along the Northerly line of said South Ralf South 88°39'20" West, 2959.25 feet to the Northwest corner of the Northeast Quarter of the Southwest Quarter of said Section; thence along the Westerly line thereof South 4°20'10" East, 914.20 feet; thence parallel with said Northerly line North 88°39 '20" East to the Westerly line of the land described in Parcel 67080-B in Deed to the County of San Diego recorded November 28, 1969, Recorder's File No. 217326 of Official Records, being a point in the center line of Road Survey No. 682; thence in a Northerly direction along said Westerly line to and along the Westerly line of the land described in Parcel 67080-A of said Deed, to the Northerly line of said South Half of Section 2; thence along said Northerly line South 88°39 '20" West to the Point of Beginning. LEGAL DES~RIP~ION ORDER. NO.'. 8826.27-· AND ALSO • Lot 9 and the Southwest Quarter of the Southeast Quarter of Section 35, Township 12 South, Range 4 West, San Bernardino Base and Meridian, in the County of San Diego, State of California, according to Official Plat thereof. Excepting those portions lying Easterly of the center line of County Highway known as Road Survey No. 682 as described in Deed to the County of San Diego, recorded February 28, 1950 in Book 3518, page 221 of Official Records. Also excepting therefrom those portions thereof described in Deed to the County of San Diego, Road Survey No. 1800-1 recorded November 28, 1969, Recorder's File No. 217326 of Official Records. Also excepting all that portion lying Northerly of the center line of that certain 60 foot strip as described in Deed to the County of San Diego, recorded November 15, 1966, Recorder's File No. 180730 of Official Records, known as Road Survey No. 1796-66, on file in the Office of County Surveyor of San Diego County. AND ALSO That portion of Section 2 Township 13 South, Range 4 West, San Bernardino Base and Meridian, in the County of San Diego, State of California, according to Official Plat thereof, together with a portion of Lot 1 of Rancho Las Encinitas, in the County of San Diego, State of California, according to Map thereof No. 848, filed in the Office of County Recorder of San Diego County, June 27, 1888, described as a whole as follows: Commencing at the Quarter Section corner of Section on the Township line and running West on said line, 270.00 feet to a stake; thence South 6°45' East 725.00 feet to a stake; thence South 66°15' West, 284.50 feet to a stake; thence South 20°15' East, 142.00 feet to a stake; thence South 32°15' East, 158.00 feet to the True Point of Beginning; thence North 66°29'20" East, 91.00 feet to the Westerly line of Road Survey No. 682-60 feet wide -known as El Camino Real; thence in a Southerly direction along the Westerly line of said Road Survey No. 682, to an intersection with the Southerly line of Lot 6 of said Section 2; thence Westerly along said Southerly line to the Southwest corner of said Lot 6; thence Northerly along the Westerly line of said lot to an intersection with a line bearing South 32°15' East from the True Point of Beginning; thence North 32°15' West to the True Point of Beginning. Excepting that portion lying within Road Survey No. 1800-1, described in Deed to County of San Diego, Recorded February 16, 1970, Recorder's File No. 27777 of Official Records, being a strip of land 90.00 feet wide, the center line of which is described as follows: Beginning at Engineer's Station 91 Plus 44.13 on the center line of Road Survey No. 458-66 -Encinitas Boulevard, formerly San Marcos Road -being also Engineer's Station 122 Plus 91.60 former Road Survey No. 458, plats of said LEGAL DESC~IPT~ON. ORDER NO. 882627-• Surveys being filed in the Office of the County Engineer of said County, and being the Northerly terminus of the center line of Road Survey No. 1802, said Engineer's Station having coordinates N equals 321,386.98 and E equals 1,690,893.61 of the California Coordinate System, Grid Zone 6; thence along bearings and distance based on California Coordinate System, Zone 6 as follows: North 00°06'44" East, 547.32 feet to the beginning of a tangent curve to the left having a radius of 2000.00 feet; thence Northerly along said curve through a central angle of 15°39'24" a distance of 546.52 feet; thence tangent to said curve North 15°32 '40" West, 2691. 11 feet to the beginning of a tangent curve to the right having a radius of 3500.00 feet; thence Northerly along said curve through a central angle of 15°58' 53" a distance of 976 .25 feet; thence tangent to said curve North 0°26'13" East, 1014.57 feet to the beginning of a tangent curve to the right of having a radius of 4000.00 feet; thence Northerly along said curve through a Central angle of 7°53 '44" a distance of 551.21 feet; thence tangent to said curve North 8°19 '57" East, 445 .46 feet to the beginning of a tangent curve to the left having radius of 5,500.00 feet; thence Northerly along said curve through a central angle of 6°41'44" a distance of 642.74 feet; thence tangent to said curve North 1 °38 '13" East, 603 .21 feet to the beginning of a tangent curve to the left having a radius of 9,000.00 feet; thence Northerly along said curve through a central angle of 5°24 '29" a distance of 849 .47 feet; ~hence tangent to said curve North 3°46'16" West, 1061.58 feet to the beginning of a tangent curve to the left having a radius of 2000.00 feet; thence Northwesterly along said curve through a central angle of 32°31' 18" a distance of 1135.22 feet; thence tangent to said curve North 36°17'34" West, 292.44 feet to the beginning of a tangent curve to the right having a radius of 2015.00 feet; thence Northwesterly along said curve through a central angle of 27°25'21" a distance of 964.40 feet. PARCEL 3B: That portion of Lot 8 in Section 2, Township 13 South, Range 4 West, San Bernardino Base and Meridian, lying Westerly of the Westerly line of the Rancho Los Encinitas and the Northwest Quarter of the Northeast Quarter of Section 11, Township 13 South, Range 4 West, San Bernardino Base and Meridian, all being in the County of San Diego, State of California, according to Official Plat thereof. Excepting therefrom those portions thereof described in Deed to the County of San Diego, Road Survey No. 1800-1, recorded November 28, 1969, Recorder's File No. 217326 of Official Records. Also excepting those portions lying Westerly of the Easterly line of the 90 foot strip of land described in Parcel 67083-A in said Deed to the County of San Diego, recorded November 28, 1969, Recorder's File No. 217326 of Official Records. Also excepting that portion of said Lot 8 lying Northerly of the Southerly line of that certain 60 foot strip of land described in Parcel 61294-B in Deed to the County of San Diego, recorded September 28, 1961, as Recorder's File No. 169289 of Official Records, known as Road Survey No. 1631. ~ LEGAL DESCRIPT~ON ORDER po. -'}3826£7-1. PART C: PARCEL lC: • The South Half of Section 27 and the Southeast Quarter of the Southeast Quarter of Section 28, and Lots 2 and 3 in Section 33, all in Township 12 South, Range 4 West, San Bernardino Base and Meridian, in the County of San Diego, State of California, according to Official Plat thereof. Together with the Northwest Quarter of the Northwest Quarter and Lots 1, 2, 3 and 4 of Section 34, Township 12 South, Range 4 West, San Bernardino Base and Meridian, according to Official Plat thereof. Together with Lots 9, 10, 11, 12, 13, 14 and 15 of Section 34, Township 12 South, Range 4 West, San Bernard'ino Base and Meridian, according to United States Government Survey and shown on the Map of said Survey as lying within the salt marsh and slough. Except therefrom that portion of said Lot 13 in Section 34, Township 12 South, Range 4 West, described as follows: Commencing at the Southwest corner of Lot 5 in said Section as marked by 2 inch capped iron pipe as shown on Record of Survey No. 1652, filed October 17, 1947 under File No. 108637 in the Office of County Recorder of San Diego County, being at coordinates Y equals 335,368.41 feet and X equals 1,679,897.34 feet; thence along the West line of said Section North 0°42'07" West, 565.84 feet to a point in a line which bears North 68°31 '17" West from a 1 1/2 inch pipe tagged "DIV HWYS" being at coordinates Y equals 335,887.14 feet X equals 1,680,010.03 feet last said point being the Point of Beginning; thence along last said line South 68°31'17" East,. 128.55 feet to last coordinated point; thence South 28°40'06" East, 82 feet more or less, to the South line of said Lot 13; thence Southwesterly along said Lot line to the West line of said Section; thence North 0°42'07" West along the said Section line to the Point of Beginning. Also excepting from said land that portion deeded to Leucadia County Water District, a Political Subdivision, recorded August 11, 1961 under Recorder's File No. 138158, described as follows: That portion of Lot 14 in Section 34, which lies within the following described Parcel of land: Beginning at a point of intersection of the center line of Road of Survey No. 516 and the center line of Road Survey No. 1317 -said center line is the Northerly prolongation of the course shown as North 0°09' West -both plats on file in the Office of County Surveyor of San Diego County; thence along the center line of said Road Survey No. 516, North 89°26'15" West 21.15 feet to the North and South center line of said Section; thence Northerly along said North and South center line and along the West line o·f Lot 15 in said Section, a distance of 8.86 feet to the center line of County Road Survey No. 346, according to Official Plat thereof filed in the Office of County Surveyor of San LEGAL DESfRIPLION ORDER.N0.~8826~7-· • Diego C~unty; thence along said center line North 87°47' West -record North 87°45'iWest -436 feet; thence at right angles North 2°15' East 30 feet to the True ii-lnt of Beginning; thence North 2°15' East 30 feet; thence North 87°45" West 30_, feet; thence South 2°15' West 30 feet; thence South 87°45' East 30 feet to the True Point of Beginning. Also excepting that portion of said Sections 27, 28 and 34 lying Northerly and Easterly of a line described as follows: Beginning at a point in the West line of said Southeast Quarter of the Southeast Quarter of Section 28, said point being North 0°02 129" West, 1,097.86 feet of the Southwest corner thereof; thence North 84°27'05" East, 635.38 feet to the beginning of a tangent 800.00 foot radius curve, concave Southwesterly; thence Southeasterly along the arc of said curve through a central angle of 80°34 156" a distance of 1,,125.14 feet; thence South 14°57'59" East, 382.64 feet to the beginning of a tangent 600.00 foot radius curve, concave Northeasterly; thence Southeasterly along the arc of said curve, through a central angel of 62°27 137", a distance of 654.08 feet; thence South 77°25 1 36" East, 478.86 feet to the beginning of a tangent 600.00 foot radius curve, concave Northerly; thence Easterly along the arc of said curve through a central angle of 49°01 146" a distance of 513.43 feet; thence North 53°32'38" East, 233.36 feet to the beginning of a tangent 600.00 foot radius curve, concave Southerly; thence Easterly along the arc of said curve through a central angle of 49°42 135", a distance of 520.56 feet; thence South 76°441 47" East, 267.58 feet to the beginning of a tangent 600.00 foot radius curve, concave Northerly; thence Easterly along the arc of said curve through a central angle of 25°35 1 18", a distance of 267.96 feet; thence North 77°39 155" East, 1,086.20 feet to the beginning of a tangent 600.00 foot radius curve, concave Southerly; thence Easterly along the arc of said curve through a central angle of 51°28 140", a distance of 539.07 feet; thence South 50°51'25" East, 272.54 feet to the beginning of a tangent 600.00 foot radius curve, concave Northerly; thence Easterly along the arc of said curve through a central angle of 78°37 '24", a distance of 823.34 feet to the Easterly line of said Section 34. PARCEL 2C: That portion of Lot 17 in Section 33, Township 12 South, Range 4 West, San Bernardino Base and Meridian, in the County of San Diego, State of California, according to Official Plat thereof, described as follows: Beginning at a point on the East line of said Lot 17, distant along said East line and along the East line of Lot 9 in said Section 33, North 0°42'07" West, 565.84 feet from a 2 inch iron pipe having coordinates Y equals 335,368.41 feet and X equals 1,679,897.34 feet set for the Southeast corner of said Lot 9, in said Section 33, thence along the following numbered courses: (1) North 68°31'17" West, 311.44 feet; (2) North 46°58'59" West, 695.63 feet; (3) North 33°12'47" West, 257.29 feet to the North line of said Lot 17; (4) Along said North line South 89°17' 46" East, 929. 78 feet to the Northeast corner of said Lot 17; (5) Along said East line of Lot 17 South 0°42'07" East, 792.46 feet to the Point of Beginning, LEGAL ORDER ~-, PART Dj PARCEL lD: • The South Half of the Southwest Quarter of the Southeast Quarter of the Southwest Quarter of Section 22, Township 12 South, Range 4 West, San Bernardino Base and Meridian, in the County of San Diego, State of California, according to Official Plat thereof. PARCEL 2D: The West Ralf of the Northeast Quarter of the Northwest Quarter of Section 27, Township 12 South, Range 4 West, San Bernardino Base and Meridian, in the County of San Diego, State of California, according to Plat thereof. PART E: PARCEL lE: The East Ralf of the Northwest Quarter of the Northeast Quarter of Section 27, Township 12 South, Range 4 West, San Bernardino Base and Meridian, in the County of San Diego, State of California, according to Official Plat thereof. PART F: ~ The South Half of the South Half of the Southwest Quarter of the Northwest Quarter of Section 26, Township 12 South, Range 4 West, San Bernardino Base and Meridian, in the County of San Diego, State of California, according to United States Government Survey approved April 21, 1890. en/rh/kr/mjg