HomeMy WebLinkAbout; ; Water Rights Determination; 2008-02-29City of Carlsbad
Water Rights Determination
February 29, 2008
Buchanan IngersoU & Rooney, LLP
Attorney Client Privilege
Attorney Work Product
MEMORANDUM
To: Keith R. Solar
From: Cyril J. Dantchev
Date: March 28, 2008
Re: City of Carlsbad — Follow up Memorandum
This memorandum will address the two follow-up issues that were discussed at the
February 29, 2008, meeting with the City of Carlsbad ("City") regarding the San Luis Rey River
water wells and related water issues:
L Further research on the water rights of the City of Oceanside ("Oceanside"); and
2. Research regarding the successors in interest to the plaintiffs in the San Luis Rey
Water Conservation District litigation.
1. SUMMARY
(a) Based on Oceanside's 1992 Balanced Water Management Project,
Oceanside's claimed water rights are based on the 1935 Application for Appropriation to the
State Water Resources Control Board, Application No. 8418, Permh No. 5229, in the amount of
9,050 acre-feet per year, and pre-1914 water rights in the amount of 7,250 acre-feet per year.
(b) The 1965 judgment in the San Luis Rey Water Conservation District
litigation, which declared that the City had, as of November 3, 1953 (the date of filing of the
complaint), a prescriptive right to extract, divert, use and export to its service area up to 2,382
acre-feet of water during any water year, only binds the parties to the proceeding. We conducted
further research to find out who the plaintiffs' successors in interest now are. After extensive
research and investigation, for the most part in vain, we have just been informed by the
California Archive reference Desk that they have located original files that indicate that the San
Luis Rey Water Conservation District was re-incorporated under the Water Conservation
District act of 1965, and was later dissolved in 1976. We have ordered copies of the files. At
this juncture, there does not appear to be any information available that would suggest the
existence of a successor in interest to the San Luis Rey Water Conservation District.
With regard to the successors in interest to the eight individual plaintiffs, the title
company has determined that, as a result of multiple subdivisions, the real properties originally
owned by these eight plaintiffs now consists of 1,070 different parcels. Obtaining a preliminary
title report on these parcels would be prohibitive since the entire cost would range between
$300,000 and $500,000. If and when the City does re-establish its water rights and is being
challenged by certain property owner(s), then specific title search could be made at that time.
Buchanan IngersoU A Rooney LLP
Attorneys & Government Relations Prof«?ssionals
March 28,2008
Page 2
2. OCEANSIDE^S WATER RIGHTS
Following somewhat tedious interaction with Oceanside, we were able to obtain
Oceanside's Balanced Water Management Project Study ("Study") that was prepared in 1992 by
NBS-Lowry and Stetson's Engineers, and sets forth Oceanside's water rights.
As pointed out in the Executive Summary, the Study concluded that the 92,000 acre-foot
capacity Mission Groundwater Basin - with annual sustainable yield of approximately 10,000
acre-feet per year and potentially up to 20,000 acre-feet per year through artificial groundwater
water recharge - represents the greatest opportunity for water resources development by
Oceanside. The Executive Summary further states that Oceanside has water rights within the
Mission Basin for the withdrawal and use of up to 16,400 acre-feet per year, and emphasizes the
need to immediately exercise these rights immediately or face the possibility of losing these
rights.
In turn, Chapter 5 of the Study, titled "Water Rights Audit," provides a detailed
description of Oceanside's claims with respect to the Mission Basin. A copy of the Water Rights
Audit is attached as Exhibit "2."
Not unlike the City, Oceanside claims pre-1914 water rights. It also claims appropriative
rights derived from its 1938 Application to the State Water Resources Control Board,
Application No. 8418, Permh No. 5229.
As to the pre-1914 water rights, information from Oceanside's files would indicate that,
on May 10, 1900, the President of the Board of Trustees of the City of Oceanside posted a notice
of diversion of water at the point of intended diversion. This appropriation, based on historical
water use information, was in the amount of 7,250 acre-feet per year, to be pumped through an 8-
inch pipe (which could restrict the annual quantity to be diverted). As noted in the Study, annual
diversions by Oceanside were reduced in the mid-1950's and ceased entirely in the early 1970's,
due to poor water quality.
Oceanside's other water rights consist of Permit No. 5229, which allowed for diversion
of 9,050 acre-feet per year, potentially subject to seasonal reduction. The study indicates that
Oceanside applied for extensions of Permit No. 5229 throughout the years. This is consistent
with our previous findings that the current permit is valid until December 31, 2010.
The Study also mentions the San Luis Rey Water Conservation District and the
subsequent inconsistent opinion of the Slate Water Resources Control Board. However, the
Study does not elaborate on this-particular issue, presumably because Oceanside was not a party
to the litigation, and therefore not bound by it.
The Study does conclude that Oceanside needs to re-establish diversion of water using
both its pre-1914 water rights and its rights under Permit No. 5229. It also recommends filing an
annual statement with the State Water Resources Control Board under Water Code sections
1005.1 and 1005.2, which allows those water owners who diverted subsurface water to preserve
their rights to such water if they reduced or ceased such diversions and received in its place
water from an alternate supply from a non-tributary source, i.e., imported water.
March 28, 2008
Page 3
Overall, Oceanside's goals are, first, to put to full beneficial use its rights under Permit
No. 5229 in order to be issued a license by the State Board, and, second, to reestablish its pre-
1914 water rights by prescription through continuing use for five years.
3. SUCCESSORS IN INTEREST TO THE PARTIES TO THE SAN LUIS
REY WATER CONSERVATION DISTRICT
(a) Individual Plaintiffs. There were eight original individual plaintiffs. We
provided the legal description of their respective properties to Commonwealth Land Title
Company ("Title Company"). Copies of the legal descriptions are attached as Exhibit "3 " The
Title Company's engineers were able to derive the APNs for these properties. However, as a
result of successive subdivisions, these properties now consist of 1,070 parcels. A copy of a list
all the APNs and current property owners is attached as Exhibit "4." The cost of a preliminary
report for all parcel would range between $300,000 and $500,000. Given the prohibitive cost of
obtaining these title reports, no further work on this issue is recommended at this time. As an
alternative, if and when the City does re-establish its water rights and such water rights are being
challenged, then the issue could be revisited with regard to any party(ies) challenging the City's
rights.
(b) San Luis Rev Water Conservation District ("SLRWCD").
(i) Original Formation Records Could Not Be Located.
According to the Complaint filed in 1953, the SLRWCD was formed pursuant to the
Water Conservation Act of 1927. The Water Conservation Act of 1927 required every
conservation district to be approved by the Supervisors in the county where the conservation
district was formed. As of September 17, 1965, water conservation districts were no longer able
to be formed pursuant to the California Water Act of 1927.' A comprehensive search did not
discover any documents that proved or denied the SLRWCD formation in the County of San
Diego, or any of the cities within San Diego County. Likewise, a thorough search did not
discover any proof of a dissolution. Many entities formed long before the 1980s are often not
listed in public record searches conducted in the California Secretary of State searchable
database.
(ii) History of The Activities of The SLRWCD Is Very Limited.
Information about the SLRWCD's purpose, operations, or members is extremely limited.
There is no published information discussing, or even mentioning, the SLRWCD except
information discussing the litigation that sparked the interest for this research. Comprehensive
searches of archived newspapers and periodicals did not reveal any articles that explicitly
mention the SLRWCD except for a 1953 LA Times article reporting the SLRWCD's involvement
in a lawsuit in opposition of the Carlsbad Mutual Water Company.
' Cal Uncod Water Stat. Deer, Act 1927 at § 1.5 (2007),
" Water Districts Request Denied, Los Angeles Times, 18 December, 1953. p Al 1.
March 28, 2008
Page 4
The Water Resources Center at University of California Berkeley has discovered papers
of Elmer Chester Marliave, an engineer who was hired for purpose of the litigation between the
City of Carlsbad and the SLRWCD. Mr. Marliave's papers may provide more information on
individual members of the SLRWCD, its purpose, and history. The papers consist of
memorandums and correspondence. They have been ordered and will be delivered by April 5,
2008.
(iii) Last Minute Information Suggests That The SLRWCD Was
Dissolved in 1976.
On Friday March 28, 2008, the California Archive Reference Desk informed us that they
had located original official files regarding SLRWCD, Apparently, SLRWCD filed new
formation documents under the 1965 Water Conservation District Act, and later dissolved in
1976. We have ordered the files and we will confirm this last minute information. Based on this
information, it does not appear, at this juncture, that SLRWCD has any successor in interest.
Aside from reviewing the Secretary of State's files and the U.C. Berkeley's files, no
further research on this issue would seem to be productive.
4. RECOMMENDATIONS
If the City is inclined to pursue its water rights, then further analysis is needed to develop
a plan of action to protect the City's rights against Oceanside's ongoing efforts to acquire
prescriptive right over the entire Mission Basin's sustainable yield.
n\62\6-v2
EXECUTIVE SUMMARY
This report summarizes the results of the first of a two-phase water management effort
for the City of Oceanside. The goals of the two-phase water management effort are to
identify projects or management strategies which will (1) make the City less dependent
upon imported water supplies and/or (2) enhance the quality and availability of water
resources in the lower San Luis Rey basin. Fulfillment of these goals would reduce
the impact of projected imported water price increases on City of Oceanside rate
payers, and would increase the reliability of the City's water system.
The results of the first phase of the water management effort are presented in this
two-volume report. The Phase 1 effort identifies and characterizes available water
resources, and identifies constraints to the use and management of these resources.
The Phase 2 effort, which is to be initiated by the City in 1992-1993, is to be directed
toward developing and evaluating additional facilities for expanding the use of local
waters beyond the "early action plan" facilities recommended in this Phase 1 report.
The Phase 1 effort included a massive data gathering effort to assess the
hydrogeology of the Oceanside region, evaluate the City's local water rights, assess
regulatory constraints to the implementation of water management strategies, and
evaluate opportunities for funding water management facilities. Volume 1 of the
Phase 1 effort summarizes and interprets the collected data, and presents the overall
Phase 1 findings and conclusions. Volume 2 of the Phase 1 report presents raw data
collected as part of the Phase 1 water management investigation.
The Phase 1 effort concludes that the greatest opportunity for water resources
development by the City of Oceanside is within the 92,000 acre-foot capacity Mission
groundwater basin. The annual sustainable yield from the Mission basin may
approach 10,000 acre-feet per year (8.9 million gallons per day), and greater yields
(perhaps on the order of 20,000 acre-feet per year or more) may be realized through
artificial groundwater recharge. The shallower 25,000 acre-foot capacity Bonsall basin
also offers opportunities for developing water resources. While significant quantities of
groundwater exists in the Mission and Bonsall basins, groundwater quality is marginal
for irrigation use, and is not suitable for potable use without demineralization.
The City of Oceanside has strong water rights within the Mission Basin for the
withdrawal and use of up to 22.5 cubic feet per second (14.6 million gallons per day or
16,400 acre-feet per year) of water. This 22.5 cubic feet per second flow represents
approximately half of the City's current average demand.) The City, which has not
withdrawn water from the basin for a number of years, needs to immediately exercise
these water rights, or face the possibility of losing the rights.
San Lul» ft«y Bmpin ^Hy of OCMMM*
Wmt»r Mansg0m»nt Plan - Phaea 1 Exacutiva Summary -1 jy^ ^9^2
NBS;Lowry Engineers & Planners, Inc.
To exercise the City's water rights, develop an immediate local supply, and take
advantage of funding incentives offered by the Metropolitan Water District of Southern
Califomia (MWD), the Phase 1 study concludes that the City should immediately
implement an "eariy action plan" consisting of a 2 mgd groundwater withdrawal and
desalinization program. Such a 2 mgd withdrawal and demineralization program
would (1) develop a cost-effective additional groundwater data within the Mission
Basin which will be necessary to formulate an optimal water resources development
plan in the Phase 2 effort, and (2) be compatible with virtually any long-term water
management optimization strategy developed as part of the Phase 2 portion of this
water management investigation.
The City has approved implementation of this "early action plan^ and is aggressively
pursuing the implementation of a 2 mgd brackish groundwater desalting project. The
City is pursuing capital facilities financing through low-interest loans offered through
the State of California Water Conservation Bond Law of 1988. In addition, the City
has received approval from the Metropolitan Water District of Southern Caiifomia for a
financial incentive of up to $250 per acre-foot of produced water. The MWD incentive
guarantees that costs for demineralized water to the City of Oceanside will never
exceed imported water costs. Given MWD's proposed price increases, however, it is
projected that the City will not need the MWD incentive by the year 2000; by this
year, the demineralized supply is projected to be less costly than MWD imported
water.
As a final element, the Phase 1 effort develops a detailed scope of work for the
Phase 2 effort (proposed for 1992-93) for defining and evaluating alternatives for
expanding the City's ability to develop local water supplies. 4^
Smn Uila Ray Baatn
Wmtar Managamant Plan • Phaaa 1 Exacutiva Summary - 2 aty ct OcamnaUa
Juna 1992
Chapter Five WATER RIGHTS AUDIT
This chapter presents an overview of the State of Califomia water rights system, and
identifies existing surface and groundwater rights of the City of Oceanside within the
Mission Basin.
OVERVIEW OF WATER RIGHTS IN CALIFORNIA
Califomia, soon after statehood, adopted a so-called hybrid system of water rights
recognizing both appropriative rights and riparian rights to surface water and the
con-elative rights doctrine to groundwater. Prior to 1872, appropriative water rights in
California were generally obtained simply by diverting the water and applying it to
beneficial use. The capacity of the diversion facilities was generally the measure of
the right. From 1872 to 1914, appropriative rights were obtained in the same manner,
except that a notice of the appropriation was required to be posted at the place of
diversion and a copy of that notice was to be recorded at the County courthouse.
Since December 19, 1914, appropriations are made under a statutory proceeding,
whereby an application for the appropriation is filed with the State Division of Water
Rights. The application is processed by the Division of Water Rights and, if approved,
a permit is issued so that the diversion facilities can be constructed and the water put
to beneficial use. After the water has been put to full use, a license is issued by the
Division of Water Rights.
Under California's doctrine of correlative rights, five years of continuous adverse use
of groundwater resulted in prescription. This mutual prescription doctrine was later
significantly qualified in Los Angeles v. San Fernando, 14 Cal. 3d 199, 123 Cal. Rptr.
1,537 P.2d 1250 (1975), whereby municipalities and public utilities were confirmed as
being exempt from prescription.
Prior to 1975, the accepted method of adjudicating rights to groundwater from a
common basin was based upon correlative rights. For each party extracting
groundwater from the basin, a prescriptive right was calculated based upon annual
production from the basin during the years following the year in which overdraft on the
basin commenced. The prescriptive quantity was the greatest annual quantity which
had been extracted for five continuous years after overdraft commenced, so long as
there were not five continuous years following during which the annual quantity
produced decreased to less than that prescriptive quantity for each year of a 5-year
period. If production was less than the previously calculated prescriptive quantity for
Smn Lulo Ray Basin
Watar Managamant Plan • Phaaa 1 5- /
City of Oeaanalda
Juna 1992
NBS.'Ldwry Engineers & Planners, Inc.
five consecutive years, the prescriptive right would decrease to the maximum annual
amount extracted in the highest of any year of a 5-year period following the initial
5-year period.
In 1975, the California Supreme court in a unanimous decision in the San Fernando
case confinmed that Civil Code Section 1007 applies to water rights. Civil Code
Section 1007 provides that neither private parties nor public entities can prescript
rights against public utilities, municipalities and other public entities. A private pumper
is at a disadvantage in the event of a groundwater adjudication involving entities
protected by Civil Code Section 1007. A private party can not prescript against the
public entities and public utilities, but those public entities and public utilities can
prescript against private pumpers. Therefore, public entities and public utilities can
appropriate surplus water from a groundwater basin and obtain prescriptive water
rights after tiie basin reaches a condition of overdraft, unless private pumpers obtain
declaratory or injunctive relief before the basin has been overdrafled for five
continuous years.
CITY OF OCEANSIDE WATER RIGHTS
The City does not hold riparian rights to San Luis Rey River water except for possible
City-owned parcels of land which abut upon the river or overiie the subsurface flow of
the river. However, use of water under such riparian rights would be restricted to the
beneficial uses which could be made of the water on the individual City-owned parcel
of land. It could not be transported elsewhere, either for use or for storage for later
use.
The review and quantification of water rights can be complicated, especially when the
water right history involves pre-1914 rights. Water rights findings presented below are
based on historic records of water diversions and extractions researched by City of
Oceanside staff. While the available water use and water rights data are limited,
sufficient data appears available for the City to make a strong case for water rights
within the lower San Luis Rey basin.
In the City's early development (prior to about 1950), the City relied upon local water
supplies from the San Luis Rey River and Mission Basin. Based upon water use
information provided by the City staff, it appears that the City of Oceanside
established pre-1914 water rights from the San Luis Rey River and its underflow.
LL. Scott, President of the Board of Trustees of the City of Oceanside, acting for the
City, posted a notice in the south one-half of the southwest one-quarter of Section 13,
T1 IS, R5W, SBM, on May 10, 1900 at the point of intended diversion of flow of the
San Lula Ray Baain city of Oeaanalda
Watar Managamant Plan • Phaaa 1 5-2 Juna 1992
NBS'Lowry Engineers & Planner5, Inc.
San Luis Rey River either above or below ground. (This diversion point was located in
the extreme western portion of the Mission Basin, immediately southwest of what is
now the Oceanside Airport.) This pre-1914 appropriation was in the amount of "500
inches of water measured under a 4-inch pressure", which is the equivalent of
10 cubic feet per second (6.5 mgd or 7250 acre-feet per year.) This water was
appropriated by the City of Oceanside "for use of its inhabitants and manufacturing,
domestic use or any other useful purpose. The water is to be obtained from wells
sunk in the above-described land and pumped therefrom through an 8-inch pipe to the
City reservoir from which it is to be distributed." It should be noted that pre-1914
rights can be lost due to non-use, just like other appropriative water rights.
On August 15, 1935. the City of Oceanside filed Application 8418 with the State of
Califomia, Division of Water Resources, which provided for the diversion of five cubic
feet per second (cfs) fron;i two existing wells, and the division of an additional 7.5 cfs
from three other wells. On October 7\ 1938, Permit No. 5229 was granted, allowing
the City to appropriate 12.5 cfs (9,05,0 acre-feet per year),Jrxuiularium^,1 to _ ^
December 31 of each year, with the condition that not more than 1,250 acre-feetl»e
diverted in any year after AprlU. When the City has construsted-the-necessary
facilities to utilize the permitted rigRTferbenefi^cial-xiseTltngafrapply for a state license
under this appropriation. (It should be noted that there is no specified annual quantity
limitation or use under the pre-1914 appropriation-only the limitation of the diversion
rate of 10 cfs. However, the notice did state that the water would be pumped through
an 8-inch pipe, which could physica/Jy restrict the annual quantity to be diverted.)
Due to the drought years which prevailed from the mid-1940's to the mid-1960's, and
increased upstream uses of water, the groundwater table elevation in the Mission
Basin dropped near heavily pumped wells ft-om an average of approximately 30 feet
above sea level to more than 10 feet below sea level. During this period, the City of
Oceanside represented only one of a number of water users in the basin; pumping by
agricultural concerns, Carisbad Mutual Water Company, and private well owners led to
a wide-scale decline in the elevation of the groundwater table in the Mission Basin.
This decline in the water table elevation caused the intrusion of saline water into the
Mission basin.
In the late 1950's, the declining water table elevation and groundwater quality
degradation gave rise to a lawsuit over the use of groundwater within the Mission
Basin. Judge Ault, presiding in the case of San Luis Rey Conservation District, et al
V. Carlsbad Mutual Water Company, issued a Memorandum Opinion No. 2 dated
November 18,1959, concluding that water in the Mission Basin was percolating
groundwater (as distinguished from water flowing in a known and definite underground
channel). Subsequent to the release of this opinion, however, the State Water Rights
Board held a hearing to receive evidence relating to the Board's jurisdiction in the
Mission and Bonsall Basins of the San Luis Rey River. As a result of this hearing, the
Sen Lula Ray BaaIn CHy of Oeaanalda
Watar Managamant Plan • Phaaa 1 S-3 Juna 1992
f
NBS.Lowry Engineers & Planners, Inc.
Board issued an order on June 26, 1962, deciding that the Board did have jurisdiction.
(In making this decision, the Board found that diversions under the City of Oceanside
water rights are not from percolating groundwater, but come from surface and
subsurface flow of the San Luis Rey River.)
The permit granted for Application 8418 on October 7, 1938 provided that complete
application of the water for the proposed use shall be made on or before December 1,
1948. Since August 20, 1948, the original construction completion date, a number of'
extensions have been granted by the State for the purpose of completing the
development of the 12.5 cfs diversion under the terms of the permit. On
November 29, 1989, Stetson Engineers Inc. filed a request to extend the time for
completion of construction work and full beneficial use of the water under Pennit No.
5229. On July 18, 1990 the State Water Resources Control Board, Division of Water
Rights, issued an order approving a new development schedule and amending the
permit which provides in part that "Constojction work shall be completed on or before
December 31, 1995" and "Complete application of the water to the proposed use shall
be made on or before December 31, 1999". (As detailed in Chapter Seven of this
report, an eariy action project consisting of a 2 mgd brackish groundwater desalting
project is proposed in order to perfect Permit No. 5229.)
One of the important restrictions associated with Permit No. 5229 states that "if
diversions by permittee under Application 8418 at any time reduce static water table at
wells of permittee to less than 10 feet above mean sea level, permittee shall cease
operations under this permit unless the static water table shall be at least 10 feet
above mean sea level at the lowest point along some cross section of the alluvial
bottoms between permittee's pumps and the ocean". The intent of this restriction was
probably to control seawater intrusion from the Pacific Ocean to the Mission Basin at
the two permit wells. These wells are located in the vicinity of the City's "water yard".
Therefore, the effect on seawater intrusion must be considered in the future
development of the City's local water supplies.
Due to poor water quality, annual diversions by the City were reduced in the mid-
1950's and ceased entirely by the early 1970's. Table 5-1 presents the history of
water supply for the City of Oceanside from its San Luis Rey River diversions and
from imported water. As presented in Table 5-1, imported water deliveries were
initiated by the City in approximatety 1947. By about 1955, imported water deliveries
began displacing San Luis Rey River diversions. By 1964, the City had become
almost totally dependent upon imported water, and by about 1973 San Luis Rey River
diversions were suspended.
(Continued on Page 5^
S*n Lula Ray BaaIn city of Ocsanakh
Wmtar Managamant Plan - Phaaa 1 S-4 " jutim 19K
NBS/Lowry Engineers & Planners, Inc.
Table 5-1
RIVER DIVERSIONS AND IMPORTED WATER USE
BY Cny OF OCEANSIDE*"
Calendar
Water Year
Son Luis Rey River
Diversions
(Acfe-feef)
Fiscal
Year
Imported
(A ere-feet)
1940
1941
1942
1943
1944
1945
1946
1947
1948
1949
1950
1951
1952
1953
1954
1955
1956
1957
1958
1959
1960
1961
1962
1963
1964
1965
1966
1967
1968
1969
1,273
1,074
1,407
1,609
1,765
2,108
2,130
2,776
2,868
2,878
2,737
2,334
2,781
2,886
2,130
1,815
1,461
978
1,446
1,649
1,330
1,496
1,339
623
54
131
20
40
26
33
1940- 41
1941- 42
1942- 43
1943- 44
1944- 45
1945- 46
1946- 47
1947- 48
1948- 49
1949- 50
1950- 51
1951- 52
1952- 53
1953- 54
1954- 55
1955- 56
1956- 67
1957- 58
1958- 59
1959- 60
1960- 61
1961- 62
1962- 63
1963- 64
1964- 65
1965- 66
1966- 67
1967- 68
1968- 69
1969- 70
Minor
Minor
Minor
Minor
Minor
604
1,470
2,064
2,864
3,308
2,941
3,665
3,528
3,923
3,788
4,442
6,397
7,376
7,366
7,543
8,696
8,751
10,086
San Lula Rey Baain
Water Managamant Plan - Phase 1 5-5 City of Ocaanslde
June 1992
NBS'Lowry Engineers & Planners, Inc.
Table 5-1 (Continued)
RIVER DIVERSIONS AND IMPORTED WATER USE
BY CfTY OF OCEANSIDE"*
Son Luis Rey Rtver
Calendar
Water Year
Diversions
(Acre-feet)
f=lscal
Year
Imported
(Acre-feet)
1970 14 1970-71 11,484
1971 0 1971-72 12,972
1972 18 1972-73 12,542
1973 0 1973-74 14.511
1974 — 1974-75 14,787
1975 1975-76 17,337
1976 1976-77 17,090
1977 1977-76 15,851
1978 — 1978-79 18,310
1979 — 1979-80 19,602
1980 — 1980-81 22,362
1981 — 1981-82 21,726
1982 — 1982-83 19,821
1983 — 1983-84 22,583
1984 1984-85 24,114
1985 — 1985-86 24,190
1986 1986-87 25,164
1987 — 1987-88 25,889
1988 ~ 1988-89 27,693
1989 1989-90 29,614
(1) - Table 4-1 presents water use by City of Oceanside. During ttie 1940's and
1960"s, groundwater extraction In the Mission Basin by agricultural users,
private users, and Carlsbad Mutual Water Company may have resulted In
ttie use of several additional ttiousond acre-feet per year.
Water Code Sections 1005.1 and 1005.2 were enacted in 1951 to permit those who
diverted subsurface water to preserve their rights to such water if they reduced or
ceased such diversions and received in its place water from an alternate supply of
water from a nontributary source. (These code provisions apply only to water rights in
nine southern California counties which includes San Diego County.)
San Lula Ray BaaIn
Watar Martagamant Plan - Phaaa 1 5.6
CHy of Oeaanalda
Juna 1992
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To qualify for the protection of water rigfits under these code sections, the water user
must file with the State each year a statement of the amount of water utilized from the
alternate nontnbutary source and the amount by which the local source of supply was
reduced. The City of Oceanside apparently made such filings for the water years
ending 1950 through 1959. City staff have been unable to locate records which
indicate whether or not such filings have been made since 1959
WATER RIGHTS CONCLUSIONS
™,nwl^.°' Oceanside has a long history of San Luis Rey River water diversions for
municipal water supply, and appears to have rights to 22.5 cfs of water from the
Mission Basin These rights include pre-1914 rights to 10 cfs, and a 1938 diversion
application for 12.5 cfs. The rights have not been exercised for the past 20 yea^as
imported water has replaced the need for the use of waters withdrawn from the '
Mission Basin. No significant new uses for the flow and underflow of the San Luis
tH^r^'' ^^^^ "^^^ established within the past 20 years to compete with the City's nght to the water. ^
lifnnTf City's water rights position, it is recommended that the City continue
filing statements to the State Board which note that the City's extraction of
groundwater has been suspended (or reduced) due to the use of an altemate supply
^rZt '[""^^^on^ributary source. Appropriate filing of these statements should
hnth He n .E'^^ existing water rights until the City can re-establish diversions using
both Its pre-1914 water nghts and rights from the City's Permit No 5229 4-
San Lula Ray BaaIn
Watar Managamant Plan - Phaaa 1 5-7 Chy of Oeaanalda
Juna 1992
1
2
3
k
6
7
8
9
lo-
ll
12
13
lij-
15
16
17
18
19
20
21
22
23
Zk
25
26
27
28
29
30
31
32
EXHIBIT "A"
SCHBOTLE 2
LANDS OP WALTER J0HK30N AND VIKOINIA JOHNSON
Parcel No, 1 ,
The North half of the Southeast quarter and the Southeast
quarter of the Southeast quarter of Section 13,
Township 11 South, Range d West, San Bernardino Meridian,
in the County of San DlegfJ.., State of California, according
to United States Oovemment Survey approved December
27, 1870,
EXCEPTINO therefrom that portion lying aoutheasterly of
a lino described aer follows: Beginning at the Southwest
oomer of the Southsaat quarter of the Southeast quarter
of aald Section 13; thenoe along the Soutiierly line of
said Section* South 89** I+lj.* 55" East 880.l|.O feet to
the Northwesterly line of the rlgjit of away described in
deed to State of California^ recorded February 27, 1940, aa Document No. 9862 In Book 995, page 370 of
Official Reoprds, and the. tjnae point of beginning of
the line herein described; thence along said North-westerly line North 50* 23' 30" East to the Easterly
line of sa id Section;
ALSO EXCEPTING therefroin that portion, if any. Included
within the ri^t of away conveyed or purported to be
conveyed to the City of Oceanside by deed recorded in
Book 179, page 199 of Deeds, and the amendment thereof,
recorded in Book 288, page 91 of Deeds, records of Son
Diego County,
. "Parcel No, 2"
That portion of the Northeast quarter of the Northeast
quarter of Section 2lp, Township 11 South, Range 5 West,
San Bernardino Meridian, in the County of Sgn Diego,
Stato of California, according to United States
Oovemment Survey approved December 27, I87O, described
as follows:
Beginning at the Northwest corner of the Northeast
quarter of the Northeast quarter of said Section Zk;
thenoe along the Westerly line of aald Northeast quarter
of the Northeast quarter. South 0" li^« 19" East 1237.^1-
feet to the Northwesterly line of the right of way des-
cribed in deed to State of California, recorded August
27, 1943, as Document No. ^$XBk In Book l51l-3, page
393 of Official Records, being a point on a curve
oonoave Northwesterly, having a radius of 680 feet, a
radial line throu^ said point bearing South 2$" 361 25"
East; thence Northeasterly along aald right of way
through a central angle of 2" 03* 3U , a distance of Zk^Uk feet to the Westerly line of San Luie Rey Road
No. 2, according to ?jap thereof on file In the office
of the County Surveyor of said San Dlago County: thanoe
along said Weatorly and Northwesterly line aa follows:
North 6" 36* West, 175.01 feet to the beginning of a
tangent 330 foot radius curve concave Easterly,
Exhibit "A" Schedule 2
12.
1
2
3
1;
5
6
7
8
9
10
11
12
13
li).
15
16
17
18
19
20
21
22
23
2if
25
26
27
28
29
30
31
32
Northeasterly along said curve through a oentral angle
of 50** 06<, a distance of 288,5^ feet, tangent to sale curve North i;3** 30» Baat 573.50 feet to the beginning of
a tangent 2030 foot radius curve concave Southeasterly,
Northeaaterlv along aald c\irve throu^ a oentral angle of 6** 53' 30 ft distance of 2i^tt,17 feet, and tangent to
said curve North 50" 23* 30" Baat 50.16 feet to an Inter-
section with the Nortfanresterly line of tbs hereinbefore
mentioned right of way deaoribed in aald deed to State
of California, being a point on a 1050 foot radius curve
oonoave Southeasterly, a radial line through said point
bearing North 50* 48* 03" West; thanoe Northeasterly
along said curve through a central angle of 11** 11» 33" a distance of 205.l8 fset; thenoe continuing along said
Northwesterly line, tangent to said curve North 55*' 23' 30"
East 37.27 feet to the Northerly line of said Section 24; thenoe along said Northerly line North 69* Uk* 55"
Weat 68O.l(.0 feet to the point of beginning.
Parcel No, 3
That portion of the Northeast quarter of the Northeast
quarter of Section 2l|., Township 11 South, Range 5 West,
San Bernardino Meridian, in' the County of San Diego,
State of California, according to United States Oovemment
Survey approved December 27, 1870, deaoribed as follows:
Beginning at the Northwest corner of the Northeast quarter of the Northeast quarter of said Section 24; thenoe along the
Westerly line of said Northeast quarter of the Northeast quarter South 0° li(.» 19" Bast 1237,feet to the North-westerly line of the right of way described"in deed to
State of California, recorded August 27, 19l|3, aa Document
No, 55184 in Book 1543, page 393, of Official Records, being a point on a curve concave Northwesterly having a radiua of 68O feet, a radial line through said point
bearing South 25** 38» 25" East; thence Northeasterly
along said right of way thrctt^ a central angle of 7® 37' kO" a distance of 66.08 feet to an intersection
with the Easterly line of San Luis/Rey Road No, 2, according
to Map thereof on file in the office of the County Surveyor of said San Diego Oountyj and the true point of beginning of the property herein deaoribed; thenoe
along the Easterly and Southeasterly line of said 3an
Ijuls Rey Road No, 2, aa followa: North 6*" 36« West 148,62 feet to the beginning of a tangent 270 feet radius curve concave Easterly, Northerly along aaid
curve through a central angle of 50* 06» a distance of 236.09 feet; tangent to aald curve North 43° 30' East 573.50 feet to the beginning of a tangent 1970 foot
radius curve oonoave Southeaaterly, Northeasterly
along aaid curve through a central angle of 2* Co* 1^.0", a dletanoe of 72.59 feet to an intersection with the Northwesterly line of the hereinbefore mentioned rlj^t
of way describe^ in said deed to State of California, being a point In a 1050 foot radiua curve concave Southeasterly a radial line through said point bearing
North 63° 05' 22" West; thence along said Northwesterly
line of said right of way, as follows i Southwesterly along said cwve through a oentral. angle of 11** 29* 08" a dlstmce of 210.48 feet, tangent to said curve South
Exhibit "A" Schedule 2
13.
1
2
3
k
5
6
7
8
9
10
11'
12
13
ih
15
16
17
18
19
20
21
22
23
21;
25
26
27
28
29
30
31
32
15® 25» 30" West 275.69 feet; South 40° 22» 35"
West 316,39 feet to the beginning of a tangent 68O
foot radius curve concave Northwesterly, and South-
westerly along said curve through a central angle
of 16'» 31* 10'* a distance of 196,06 feet to the true point of beginning.
Parcel No.
The South 37.26 acres of Lot 2, and that portion of the
Southwest qurrter and the East half of the Northwest quarter
of Section 18, Townahlp 11 South, Range 4 Wast, San
Bernardino lyleridlan. In the County of San Diego, State of
California, according to United States Oovemment Survey
approved December 27, 1870, lying Nortiierly and Westerly
of a line deaoribed as followsi
Beginning at the North quarter oomer of said Section I8;
thence along the North and South center line of said Section, South 0' 2a» 47" West 1210,16 feet to the Northeasterly
comer of parcel 2 of tho land described in deed to
Rex MoDanlel et ux,, recorded March 25, 1952, as Document No. 37235 in Book 44l4».pftse 449 of Official Records, and
the true point of beginning of the line herein described;
thence along tho Northerly lino of said MoDanlel Land
North 89" 37' 13" West {record North 89' 45' 35" West)
73.42 feet to Northwesterly oomer of said land; thence
along the Northwesterly line ofsaid MoDanlel land South
30** 36» 14" West (record South 30° 27' 52" West) 1878,17
feet to the most Westerly comer of aald McDanlel land;
thence along the Southwesterly line of said MoDanlel
land South • 39** 55' 46" East {record South 39*' 57' 33"
Bast ) 607.07 feet to the Northwesterly line of the right of way described In deed to State of Califomia, recorded
February 27, 1940, as Document No, 9862 in Book 995,
page 370 of Official Reoords; thence along aald right of way line South $0" 16' 00" West 1429,5l feet, and
South 50" 23* 30" West to the Westerly line of said
Section 18.
Exhibit "A' Schedule 2
14.
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
EXHIBIT "A"
SCBBDUI£ 3
LANDS OF REX HcDAHIBL AND BARBARA J. MoDARISL
Parcel Ho. 1
That parcel of land situated within Seotlona 16, 19 and 17, If any. Township 11 South, Range 4 Vest^ and a portion
of the Southeast quarter of SouthesLSt quarter of Section
13, Townahlp 11 SoutAi, Range 5 West, San Bamerdlno
Meridian, In the Gotxnty of San Diego, State o f California,
aoQopdlne United States Oovemment Sxirvey approved
December 27* I670, described as a whole as followst
Beginning at a ooncrate, monxuaent marking the center of
Section 18; thence South 0° 14». 25" West along the North and
South center line of said Section I8, a distance of 160-43
feety more or leas, to a point on the center line of San
Luis Rey Road, No, 2, said point being the true point of
beginning; thenoe along the center line of said San Luis Rey Road, North 50° l5' 09" East a distance of 3719.35
feeti thence South 39° 44' 51" East a distance of 51,17
feet; thenoe South 0** l4« 06" West 578.07 feet to a one
inch pipe marked "1/16"; thence South 89* 28' 37" West
a distance of 492.01 feetj thence South 43* 43' 51" Woet
a distance of 875.09 feet; thence South 31* 48» 07" West
a distance of 905,07 feet; thenoe south 57° 12* 32" Bast
a distance of 519.98 feet; thence South 30* 47*^ 07" W'est
a distance of 2521.68 feet; thenoe North 76* 43' 30" West
a distance of l457.10 feat; thenoe South 37" 20' 03" West
1261,25 feet; thence North 72* 38< 27" West a distance of 1162,21 feet; thenoe North 39* 44« 51" "est a dletanoe of
47.21 feet, more or lees, to the center line of San Luis
Rey Road, No. 2; thence along said center line of San Luis
Rey Rood, North 50'' 15' 09" East. 3722,50 feet to the true
point of beginning.
BXCEPTINO therefrom that portion of the above described
property lying within ri^t of way of San Luis Rey Road
No, 2; ALSO EXCBPTIifO a atrip of land 100 feet wide, lying
50 feet on either side of the following described center
line:
Beginning at a concrete monument marking the center of
Section 16, Township 11 South, Ran^ 4 7/*at, San Bernardino
Heridlanj thenoe along the North and South center line of sali section 18, South 0* 14' 25" West a distance of l6o.43 feet, more or leae, to the centerlllne of San Lula Rey Road No. 2:
thenoe along said center line South 50° l5< 09" West a
distance of I4l5*73 feet to a point on said center line, said point being the true point of beginning; thence South 39* 44* 51" East 441.04 feet; thence South 15" 27* 30"
West a distance of 493.39 feet; thence South 76* 431 30"
Bast a distance of 1470.96 feet to the Southeasterly, boundary of the above described property.
ALSO BXCBFTINO from QBid property that portion thereof, if any, lying within said Seotlon 17.
Exhibit "A" Schedule 3
15.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
£9
30
31
32
ALSO BXCBPTINO from the above described property that
portion thereof, if any. Included within that portion of
the Southeast quarter of the Southeast quarter of aald
Section 13, Township 11 South, Range 5 West, «*loh is
included within tla rlg^t of way conveyed or purported to
be conveyed to the City of Oceanside by deed recorded in.
Book 179, page 199 of Deeds and the amendment thereof
recorded In Book 268, page 91 of Deeds, reoor>^s of said
San Diego County.
ALSO EXOBPTXNO frora the above doocribod property that
portion thereof, if any, included within that portion of
the Northeast quarter of the Southwest quarter of aaid
Seotlon 18 lying within the boundaries of Old Road Survey
No, 106 as deaoribed in deed from Simon Ooldbaum and Margaret Ooldbaum to the County of San Dlego and recorded in Book
220, page 77 of Deeds, the center line of said 6o foot atrip
being described as follows;
Beginning 170 feet North of the Southwest comer of the Northeast quarter of the Southwest quarter of said
Section 18; running thence North 50* 00» Baat to a point in
the East line of the Nor-theast quarter of aald Section 18.
Parcel No» 2.
That portion of the East half of the West half of
Section 18, Townahlp 11 South, Range 4 West, San Bernardino Meridian, in the County of San Diego, State of Califomia,
according to United States Oovemment Survey approved
December 27» I870, described as follows;
Beginning at a ooncrete monument marking iiia oenter of Section 18, Township 11 South, Range 4 West, San Bernardino
Meridian; thence South 0* l4' 25" West along the North and
South center line of said Seotlon 16, a distance of 160,43
feet, more or less, to the oenter line of San Luis Rey
Road No, 2; thence ciLong the oenter line of said Son Luis
Rey Road, South 50* 15* 09" Wast a dlstanoe of 777-51
feet; thenoe North 39* 57' 33" West 655.59 feet: thence
North 30* 27* 52" East 1878,17 feet;"' thence South 89*
45* 35" Bast 73.42 feet to an Intersection with the North
and South center line of said Section IS; thence South
0" 14' 25".West along the said center line of Section 18, a distance of 126.18. feet to a two Inch pipe marking
the Northeast corner of the Southeast quarter of the North-
west quarter of Section 18; thenoe continuing along said North and South oenter line of said Seotlon 18, South
0" 14» 25" West 1337.35 feet to the point of beginning.
EXCEPTINO therefrom that portion of the above.described property lying within tho right of way of ttie San Luis Hay Road No, 2,
ALSO EXCEPTINO from the above described property that portion thereof, if any, included within that portion of
tha Northeast: quarter of thB Southwest quarter of aaid
Section 18 lying within the boundaries of • Old Road Survey No. 106 aa described in deed from Simon Ooldbaum and
Margaret Ooldbaum to the County of San Diego and recorded
Exhibit "A" Schedule 3
16.
in Book 220, page 77 of Deeds, the oenter line of aald
60 foot atrip being deoorlbed as followsi
Beginning 170 feet North of the Southwest comer of the
Northeast quarter of the Southwest quarter of said
Section 18; running thence North 50** 00* Bast to a point
In the East line of the Northeast quarter of said
Section l8.
Parcel No, 3.
All that portion of the Northeast quarter of Section 18, Township 11 South, Range 4 West, S,B.M,, in the County
of San Diego, State of California, described as follows:
Commencing ot tho Southwest comer of aaid Northeast
quarter of said Section; thence North 89° 02* 10" Baat
along the South Una of aald Northeast quarter, 151,o4
(feet) to its Interaeotion with the Northwesterly line
of the County Road from Oceanside to San Luis Hey, known
as San Luis Rey Road No, 2, a Map thereof being on file
In the office of the County Surveyor of said San Dlego
County; thence North 50* lo> East along the aaid North-westerly line of aaid County Road, 2370.74 ft. to the true
point of beginning, aaid point being the moat Easterly
oomer of a portion of aaid Northeast quarter of said Sec, l8, conveyed by Southem Title and Tanist Com, a
corporation, to Stephen Davlea, by dedd dated KOroh 7,
1929, thence North 39* li4" West along the Northeasterly
line ofsaid portion BO conveyed to a Davles, 987.84 feet
to a comer of said Davles property; thence North 0* 23«
10" East along the Easterly line of said Davles property
85*92 feet, to the Southwest coimer of a parcel of land
conveyed by Oeorge A, Oabom et al. to J. T, Morrison
by deed dated Jan, 29, 1912, and recorded in Book 536,
page 240 of Deeds; thence North 89° 05' Bast along the
South line of said parcel so conveyed to Morrison, 1322 foef to the Southeast comer thereof, being a point
on the Eaqt line of Sec. l8j thence South 0° 23' 10" West
along aaid Eaat line of Section I85.88 feet to the North-westerly line of the aforesaid County Road from Ooeanslde
to San Lula Hey; thenoe Southwesterly along said North-
westerly line of said read, being a curve concave to the
Northwest, tangent to a bearing of South 15° 37* 10" West,
and having a radius of 470 feet for a length of arc of
284.21 feet; thence South 50* 16* West along a tangent to
aaid curve, being along the Northwesterly line of said
road, 698 feet to the true point of beginning.
Bxoepting therefrom that portion' Conveyed to the Atchison, Topeka and Santa pe Railway Company, a corporation, by
Roswell N. Wilson and Florence A. Wilson, hie wife, by
deed dated April 9, 1913* and recorded In Book 618, page 260 of Deeds, records of San Dlego County,
Parcel No. 4*
Those portions of the Southeast quarter of the Southeast
qiiarter of Seotlon 7, Township 11 South, Range 4 West,
S.B.M,, and the Nortiiieaat quarter of the Northeast
Exhibit "A" Schedule 3
17.
4
• 5
6
7
6
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24,
25
26
27
28
29
30
31
32
quarter of Section 18, Township 11 Soutti, Range 4 West,
S.B.M., In tho County of S^m Dlego, Stato of California,
described as followsr
Beginning at the corner Sections 7,. 8, 17 and 18» Township 11 South, Range 4 West, S.B.M,, thence on true meridian
South 88* 42» West, 1322 feet to redwood post 4^4
Inches, marked I/I6 on the West face; thence North 0*> 37' East, 330 feet to a stake; thenoe North 88"
42' Eaat, 1266,4 feet to a stake In the center of
road; thence South 5° 33' East, 330 feet to comer
of Sections 7, 6, 17 and 18 and point of beginning,
EXCEPT that portion thereof lying in the County Road,
AI.SO beginning from the comer of Sections 7, 8, I7 and
16, Township 11 South, Range 4 Weat, S.B.M., thenoe
on a true meridian South 88* 42* West, 1322 feet to a post set by South Coasts Land Company for the quarter
quarter oomer between Seotlona 7 and 18; thenoe South
330 feet to a point; thenoe North 68* 42< Baat, 1322 feet to a post at intersection with the East boundary
line of said Section I6; thence Northerly 33O feet to
the point of begliyilng,
EXCEPTINO therefrom tho rl^t of way of the Atohlson,
Topeka and Santa Pe Railway Ooarpany, as conveyed by J, T, Morrison and wife by deed recorded in Book 6o5,
page 222 of Deeds, and also excepting t^refrom that
portion of the heralnabove described promises lying Southeasterly of the said rl^t of way, as convoyed to the Santa Ana Co-operative Sugar Company by James
T. Morrison and wife, by deed recorded In Book 634»
page 344 of Deeds,
Exhibit "A" Schedule 3
18.
I
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
.30
31
32
EXHIBIT "A"
SCHEDULE 4
LANDS OF STEPHEN DAVIE3 AND CECELIA DAVIBS
Parcel No, 1
All that portion of the Northeast quarter of Seotlon 18,
Township 11 South, Range 4 West, San Bernardino Meridian, In the County of San Dlego, State of California^ according
to United States Oovemment Survey approved April 5,
1881, described as followsi
Beginning at a point on the Weat line of said Northeast
quarter of said Section, which is North 0* l8> 40" Boat,
1337 feet from the Southwest comer of sold Northeast
quarter, said point of beginning being the most Northerly
oomer of a portion of aald Northeast quarter conveyed by
the Sputhern Title & Trust Company, to Pete Berges and
Sylvian Berges by deed dated March 1, 1929; thence South
39*'44' Bast, along tho Northeasterly line of said portion so conveyed to Berges, 1113,19 feet to the most Basterly
corner thereof, being £ point on the Northwesterly line
of the Coun V Reacl from'Ooeanalde to San Lula Rey, known as San Luia Rey Road Noi, 2, a Map being on .file.In the
office of tho County Surveyor of said San Diego County;
thence North 50* I6* East along the aaid Northwesterly
lino of said County Road, 355 feet; thence North 39* 44'
West 1540-59 feet to a point on the West line of said
Northeast quarter of aaid Section I8; thence Sofuth 0**
18» 40" West along aeid West line, 551.77 feet to the
point of beginning.
EXCEPTINO therefrom that portion ctmveyed to the Atchlaon, Topeka and Santa Pa Railway Con^jany, by Roswell H- Wilson end Florence A, Wllaon,hls wife, by deed dated April 9,
1913, and recorded in Book 6lfi, page 260 of Deeds,
Parcel No, 2,
All that portion of the Northeeuit quarter of Seotlon 18, Township 11 South, Range 4 West, San Bernardino Merldlm ,
in the County of San Diego, State of Califomia, according
to United States Oovemment Survey approved April 5. I88I, described as follows:
Beginning at a point on the Weat line of aald Northeast quarter of said Seotlon, rtilch Is North 0* 18» 4o" Bast,
1888.77 feet from thfc Southwest oomer of aald Northeast quarter, said point of beginning being the most Northerly oomer of a portion of said Northeast quarter conveyed
by southem Title & Tmat Coii?)any, to Edward C. Pogal
and wife, by deed dated March 5> 1929; thenoe South 39* 44' Eaat along the Northeasterly line of aald portion BO conveyed to Pogal, 1540.59 feet' to the most
Easterly comer thereof, being a point on the North-westerly line of the County Road from Oceanside to San Luis Ray known aa San Luis Ray Road No. 2, a Map thereof
being on file in the office of the County Surveyor of said
Exhibit "A" Schedule 4
19,
10
11
12
13
14
.15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30,
31
32
San Diego County; thence North 50° l6» East along aaid
Northwesterly line of said County Road, 272 feet; thenoe North 39° 44' West, 1864,23 feet to a point
on the West line of said Northeast quarter of said
Section 18; thence South 0* 18* 40" West along aald West line, 422,77 feet to the point of beginning.
EXCEPTINO therefrom that portion oonveyed to the Atchison,
Topeka and Santa Pe Railway Company, by Hoawell H. Wilson
and Florence A. Wilson, his wife, by deed dated April 9,
1913, and recorded In Book 6l8, page 260 of Deeds.
Parcel No, 3,
Beginning at a point on the West line of aald Northeast
quarter of said Section 18, which la North 0* 18» 40" East
2311.54 feet from the Southwest comer of said Northeast quarter, said point of beginning being the moat Northerly
comer of a portion of aaid Northeast iiuarter conveyed by
the Southern Title & Trust Company, a corporation, to Edward C. Pogal and wife, by deed dated March 6,1929;
thence South 39* 4i^' East along the Northeasterly line
of said portion so conveyed to Pogal, 1864-23 feet to the moa
Basterly corner thereof, being a point on the Northwesterly
line of the County road from Oceanside to San Luis Rey,
known as San Lula Hey Road No. 2,a map thereof being on
file in tho office of tho County Surveyor of said San Diego
County; thence North 5o* l6» East along the aaid North-westerly line of said County road, 1001.24 feet; thence
North 39* ij4' Wast 987.84 feet: thence North 0** 23' 10"
Eaat 85.92 feet to the Southwest comer of a parcel of land conveyed by George A. Oabom, ot al., to j. T. Morrison
by deed dated January 29, 1912, and recorded in Book
536, page 240 of Deedo: thence North 0** 23» 10" East
along the West line of aeid parcel so oonveyed to Morrison,
330 feet to the Northwest oomer thereof, being a point
on the North line of said Northeast quarter of aald Seotlon;
thence South 69* 05' West along said North line, 1331.2
feet to the Northwest comer of aaid Northeast quarter;
thence South 0* 18» kO" West along the West line of said
Northeast quarter, 3o0.73 feet to the point of'beginning;
EXCEPTINO THEREPROH that portion oonveyed to the Atchison, Topeka and Santa Pe Railway Company, a Corporation, by Roswell H, Wilson and Florence A. Wilson, hla wife, by
deed dated April 9,1913, and rooorded In Book 618, page
260 of Deads, records of San Dlego county.
Exhibit "A" Schedule 4
20,
1
2
3
4
5
6
7
8
9
IC
11
12
13
14
.15
16
17
18
19
20
21
22
23
24
25
26
27
28
.29
30
31
32
EXHIDIT "A"
SCKE3DLE $
IAND3 OP PETE BEROTIS AND THALIA P. BER(ES
All that portion of the Northeaat quarter of Section 18,
Townahlp 11 South, Range 4 West, 3.B,M., , described
as follows:
Beginning'at the Southwest comer of said Northeast quarter of aaid Section; thence North 0* 18' 40" East along
the West line of said Northeast quarter of said Section,
1337 feet; thence South 39" 44' East, 1118.19 feet to a point on tho NortbT^esterly line of the County Road
from Oceanside to San Lula Rey known aa San Luis Rey
Road No. 2, a Map thereof being on file in the office
of tho County Surveyor of said San Dlego County; thenoe
South 50* 16» West along said Northwesterly line of
said County Road, 7l|2«5 feat to an Intersection with
the South line of said Northeast quarter of said
Seotlon; thenoe South 69* 02' 10" Weat along said South lino, 151.04 feet to tho point of beginning,
EXCEPTINO therefrom that portion conveyed to the Atohlacna
Topeka and Santa Pe Railway Con^jany, a corporation, by
Roswell H, Wllaon and Z-Uorence A. Wilson, hlis wife, by deed dated April 9, 1913, and recorded In Book 618,
page 260' of Deeds, records of San Dlego County,
Exhibit "A' Schedule 5
21,
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
EXS3IT "A"
SCHiSDCLE 6
LANDS OP PRED M, YASUaiOCHI AND RYOKO XASUKOOHI
The Northeast quarter of the Northwest quarter;
>the Southwest quarter of the Northweat quarter;
and all of Lot 2 of Section 8, Township 11 South,
Range 4 West, 3,B,B. & M., according to United
States Oovemment Survoy lying within the South-
east quarter of the Northwest quarter of said
Section 6.
Exhibit "A' Schedule 6
22.
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EXHIBIT "A"
SCHBDI7Z£ 7
LANDS OF C, J. HSLTIBRIDLE AND KAROARBT HELTIBRZDIB, AND CARL D. ROSE AND VERA M, HOSE.
Parcel No, 1,
Lot 4 of Section 6, Township 11 South, Range 4 West,
San Bernardino Meridian, in the County of ^an Diego,
State of Califomia, according to United States
Oovemmnt Survey, BXCBPTINO THEREFROM that portion
thereof included within that tract of Isold described
in the certified copy of the Decree issued January 6,
1917, by the Superior Court of the State of California
in and for the County of San Diego, in Cose No, 33 Torrena Land Title numbering, filed in the office of
the Registrar of Land Titles in said San Dlego County,
January 6, 1917, as Document No,138, to-wlt:
Beginning at a point on on inch and 1/4 pipe cap,
said pipe being sot In concrete and accepted as
tho re-established comer consnon to Sections 7, 8,
17, iB, In Township 11 South, Range 4 West, San
Bernardino Meridian; thence South 68* 9' East along
the Southerly line of aald Section 6, 747*6 feet
to the point of beginning; thence North 0* 17' 10" West
along a line of Poplar trees 625.33 feet to a fence
corner; thenoe North 57° 0* 50" Eaat along Southerly
line of the county road 916,37 feet to a 1 Inch pipe
monument; thence South 0* 35' 45" East along a fence line,
1346*46 feat to a 1 inch pipe monument} thenoe North
68* 18» 20" West along a fence line 780,57 feet to the point of beginning.
Parcel No, 2,
Lot 5 of Section 8, Townahlp il South, Range 4 West,
San Bemardlno Meridian, in the County of San Diego,
State of Califomia, according to United' States Government Survey, EXCEPTINO THEHEPHOH one acre of land for public
burying ground or cemetery with privilege of passing to
and from the same as reserved in deed from Isaac H. Kolb to Edward I, Ripley dated November 12, 1675, «nd recorded in Book 26, pa'ge 454 of Deede, records of San Dlego
County and ALSO EXCEPTINO THEREf^OU that portion conveyed
by Prank Llbby and Eunice H, Llbby to Jaoob tlbby, Charles S. Llbby and Eunice M. Llbby for oentetery
purpoaes only by d<5ed dated October 23, 1900, and
recorded) in Book 304» page 26 of Deeds, records of San Diego Oou nty, described as follows:
"Commencing at the Northwest oomer of the present
San Lule Rey Cemetery; ruhnl,ng thenoe 10 feet Weat;
thenoe mnning North 131 feet; thence in a Southeast
direction along the San Lula Rey Mission fence I3I
feet; thenoe South to t^e said Cemetery fence 79 feet;
Exhibit "A" Schedule 7
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thence along said Cemetery fence 80 feet to the point
of beginning, said land being In the Southwest quarter
of the Southeast quarter of Section 8, Township 11
South, Range 4 Weat, San Bernardino Meridian, in the
County of San Diego, State of Califomia.
ALSO SXCBPTINO therefrom that portion thereof deaoribed
as follows:
Beginning at a pipe marking the South quarter oomer of
said Section 6; thenoe along the South line of said
Seotlon 8. South 86* 25* Eest 799.63 fast to the true
point of beginning; thenoe North If o4' 00" West 370.55
feet; thenoe North $^ 25' 00" East 213.80 feet) t&enoe
North 83* 17" 00" East 32,30 feet, more or less, to an
angle point in the Northerly line of said Lot 5* thence
along the boundary line of said Let 5 as follows T
South 74° 48' 00" Baat 77.00 feet; thence South 82*
46» 00" Eaet, 50.00 feet; thenoe North 87° 32» OCT East 50,00 feet; thenoe North 67* 528 00" Boat, 95-00
feet; thence North 45° 48' 00" Boat, 282,00 feetj
to the Northeasterly comer of said Lot 5; thence
South 1* 04» 00" East 809.80 feet to the Southeast
comer of .said Lot 5* thenoe along the South line of said
Section 8 North 68° 25» 00" Weat 524-67 feet^ more
or leas, to the true point of beginning.
Exhibit "A" Schedule 7
24.
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EXHIBIT "A"
SCBEDUD5 8
LANDS OP E. C, POGAL AND ALBERTA POOAL
Parcel No, 1.
The Northeast quarter of the Southeast quarter of
Section 7, Township 11 South, Range 4 West, San
Bernardino Meridian, In t^ County of San Diego, State of Califomia, according to United States
Oovemment Survey approved April 5, l86l.
Parcel No<, 2.
That portion of the Southeast quarter of the Southeast quorter of Seotlon 7, Township 11 Sout^, Range 4 Weat,
San Bemardlno Meridian, In the County of San Diego,
State of California, according to United States
Oovemment Survey approved April 5i l88l, deaoribed
as follows;
Beginning at a point In the Westerly line of aald Southeast
quarter of the Southeast quarter of Seotlon 7, distant
thereon North 0* 37' Eaat 330,0 feet from the Southwest
oomer of said Southeast quarter of the Southeast quarter:
thence continuing North 0* Eaat 990 feet along said
West line to the Northwest comer thereof; thence North
89* 15' East 790 feet along the North line of said South-east quarter of the Southeaat quarter; thence South 28*
45' Bast 985 feet; thenoe South 5° 33' Bast 112*7 feet,
more or leas, to Intersection with a line drawn parallel
with the South line of said Southeast quarter of the
Southeaat quarter through the point of beginning; thenoe
Westerly along aald parallel line 1268.4 feet to the
point of beginning, EXCEPTINO therefrom that portion
described as follows:
Commencing at a point South 60* 45* West 2,21 chains of
a point on Section line between Sections 7 and 6 in aaid Township and Range, distant 6.18 chains North of the Southeast corner of section 7: thenoe from said point
of beginning South 60° 45' West 50 feet; thenoe North
29* 15' Weat lOOfeet; thenoe North 60* 45' Eaat 50 feet; thence South 29* 15' Eaat 100 feet to beginning.
ALSO EXCEPTINO from the above deaoribed property that
portion, if any, lying East of the center line of the
Pala & Los Angeles Guunty Road, as sold road is mentioned
in that certain deed from Charles E. culber, a single
man, to Title Insurance and Tmst Conqjany, a corporation,
dated January 8, 1913, and recorded Kay 20, 1913, in
Book 6l5, page 51 of Deeds, records of San Diego County,
Exhibit "A" Schedule 8
25.
Owner Parcel APN
' C.J. Heltibridle Parcel 1 158-052-02-00
C.J. Heltibridle Parcel 1 158-052-04-00
C.J. Heltibridle Parcel 1 158-052-06-00
C.J. Heltibridle Parcel 1 158-052-11-00
C.J. Heltibridle Parcel 1 160-020-56-00
C.J. Heltibridle Parcel 1 160-560-01-00
C.J. Heltibridle Parcel 1 160-560-02-00
C.J. Heltibridle Parcel 2 158-080-12-00
C.J. Heltibridle Parcel 2 158-080-14-00
C.J. Heltibridle Parcel 2 158-080-16-00
C.J. Heltibridle Parcel 2 158-080-17-00
C.J. Heltibridle Parcel 2 158-080-18-00
C.J. Heltibridle Parcel 2 158-080-21-00
C.J, Heltibridle Parcel 2 158-591-06-00
E.G. Fogal Parcel 1 158-020-35-00
E.G. Fogal Parcel 2 158-020-35-00
Fred Yasukochi Parcel 1 157-021-03-00
Fred Yasukochi Parcel 1 157-021-04-00
Fred Yasukochi Parcel 1 157-021-05-00
Fred Yasukochi Parcel 1 158-030-38-01
Fred Yasukochi Parcel 1 158-030-38-02
Fred Yasukochi Parcel 1 158-030-38-03
Fred Yasukochi Parcel 1 158-030-38-04
Fred Yasukochi Parcel 1 158-030-38-05
Fred Yasukochi Parcel 1 158-030-38-06
Fred Yasukochi Parcel 1 158-030-38-07
Fred Yasukochi Parcel 1 158-030-38-08
Fred Yasukochi Parcel 1 158-030-38-09
Fred Yasukochi Parcel 1 158-030-38-10
Fred Yasukochi Parcel 1 158-030-38-11
Fred Yasukochi Parcel 1 158-030-38-12
Fred Yasukochi Parcel 1 158-030-38-13
Fred Yasukochi Parcel 1 158-030-38-14
Fred Yasukochi Parcel 1 158-030-38-15
Fred Yasukochi Parcel 1 158-030-38-16
Fred Yasukochi Parcel 1 158-030-38-17
Fred Yasukochi Parcel 1 158-030-38-18
Fred Yasukochi Parcel 1 158-030-38-19
Fred Yasukochi Parcel 1 158-030-38-20
Fred Yasukochi Parcel 1 158-030-38-21
Fred Yasukochi Parcel 1 158-030-38-22
Fred Yasukochi Parcel 1 158-030-38-23
Fred Yasukochi Parcel 1 158-030-38-24
Fred Yasukochi Parcel 1 158-030-39-01
Fred Yasukochi Parcel 1 158-030-39-02
Fred Yasukochi Parcel 1 158-030-39-03
Fred Yasukochi Parcel 1 158-030-39-04
Fred Yasukochi Parcel 1 158-030-39-05
Fred Yasukochi Parcel 1 158-030-39-06
Fred Yasukochi Parcel 1 158-030-39-07
Fred Yasukochi Parcel 1 158-030-39-08
Fred Yasukochi Parcel 1 158-030-39-09
Fred Yasukochi Parcel 1 158-030-39-10
Fred Yasukochi Parcel 1 158-030-39-11
Fred Yasukochi Parcel 1 158-030-39-12
Fred Yasukochi Parcel 1 158-030-39-13
Fred Yasukochi Parcel 1 158-030-39-14
Fred Yasukochi Parcel 1 158-030-39-15
Fred Yasukochi Parcel 1 158-030-39-16
Fred Yasukochi Parcel 1 158-030-39-17
Fred Yasukochi Parcel 1 158-030-39-18
Fred Yasukochi Parcel 1 158-030-39-19
Fred Yasukochi Parcel 1 158-030-39-20
Fred Yasukochi Parcel 1 158-030-39-21
Fred Yasukochi Parcel 1 158-030-39-22
Fred Yasukochi Parcel 1 158-030-39-23
Fred Yasukochi Parcel 1 158-030-39-24
Fred Yasukochi Parcel 1 158-030-39-25
Fred Yasukochi Parcel 1 158-030-39-26
Fred Yasukochi Parcel 1 158-030-39-27
Fred Yasukochi Parcel 1 158-030-39-28
Fred Yasukochi Parcel 1 158-030-39-29
Fred Yasukochi Parcel 1 158-030-39-30
Fred Yasukochi Parcel 1 158-030-47-00
Fred Yasukochi Parcel 1 158-030-48-00
Fred Yasukochi Parcel 1 158-181-39-00
Fred Yasukochi Parcel 1 158-351-01-00
Fred Yasukochi Parcel 1 158-351-02-00
Fred Yasukochi Parcel 1 158-351-03-00
Fred Yasukochi Parcel 1 158-351-04-00
Fred Yasukochi Parcel 1 158-351-05-00
Fred Yasukochi Parcel 1 158-351-06-00
Fred Yasukochi Parcel 1 158-351-07-00
Fred Yasukochi Parcel 1 158-351-08-00
Fred Yasukochi Parcel 1 158-351-09-00
Fred Yasukochi Parcel 1 158-351-10-00
Fred Yasukochi Parcel 1 158-351-11-00
Fred Yasukochi Parcel 1 158-351-12-00
Fred Yasukochi Parcel 1 158-351-13-00
Fred Yasukochi Parcel 1 158-351-14-00
Fred Yasukochi Parcel 1 158-351-15-00
Fred Yasukochi Parcel 1 158-351-16-00
Fred Yasukochi Parcel 1 158-351-17-00
Fred Yasukochi Parcel 1 158-351-18-00
Fred Yasukochi Parcel 1 158-351-19-00
Fred Yasukochi Parcel 1 158-351-20-00
Fred Yasukochi Parcel 1 158-351-21-00
Fred Yasukochi Parcel 1 158-351-24-00
Fred Yasukochi Parcel 1 158-352-01-00
Fred Yasukochi Parcel 1 158-352-02-00
Fred Yasukochi Parcel 1 158-352-03-00
Fred Yasukochi Parcel 1 158-352-04-00
Fred Yasukochi Parcel 1 158-352-05-00
^ Fred Yasukochi
Fred Yasukochi
Fred Yasukochi
Fred Yasukochi
Fred Yasukochi
Fred Yasukochi
Fred Yasukochi
Fred Yasukochi
Fred Yasukochi
Fred Yasukochi
Fred Yasukochi
Fred Yasukochi
Fred Yasukochi
Fred Yasukochi
Fred Yasukochi
Fred Yasukochi
Fred Yasukochi
Fred Yasukochi
Fred Yasukochi
Fred Yasukochi
Fred Yasukochi
Fred Yasukochi
Fred Yasukochi
Fred Yasukochi
Fred Yasukochi
Fred Yasukochi
Fred Yasukochi
Fred Yasukochi
Fred Yasukochi
Fred Yasukochi
Fred Yasukochi
Fred Yasukochi
Fred Yasukochi
Fred Yasukochi
Fred Yasukochi
Fred Yasukochi
Fred Yasukochi
Fred Yasukochi
Fred Yasukochi
Fred Yasukochi
Fred Yasukochi
Fred Yasukochi
Fred Yasukochi
Fred Yasukochi
Fred Yasukochi
Fred Yasukochi
Fred Yasukochi
Fred Yasukochi
Fred Yasukochi
Fred Yasukochi
Fred Yasukochi
Fred Yasukochi
Parcel 1
Parcel 1
Parcel 1
Parcel 1
Parcel 1
Parcel 1
Parcel 1
Parcel 1
Parcel 1
Parcel 1
Parcel 1
Parcel 1
Parcel 1
Parcel 1
Parcel 1
Parcel 1
Parcel 1
Parcel 1
Parcel 1
Parcel 1
Parcel 1
Parcel 1
Parcel 1
Parcel 1
Parcel 1
Parcel 1
Parcel 1
Parcel 1
Parcel 1
Parcel 1
Parcel 1
Parcel 1
Parcel 1
Parcel 1
Parcel 1
Parcel 1
Parcel 1
Parcel 1
Parcel 1
Parcel 1
Parcel 1
Parcel 1
Parcel 1
Parcel 1
Parcel 1
Parcel 1
Parcel 1
Parcel 1
Parcel 1
Parcel 1
Parcel 1
Parcel 1
158-352-06-00
158-352-07-00
158-352-08-00
158-352-09-00
158-352-10-00
158-352-11-00
158-352-12-00
158-352-13-00
158-352-14-00
158-352-15-00
158-352-16-00
158-352-17-00
158-352-18-00
158-352-19-00
158-352-20-00
158-352-21-00
158-352-22-00
158-352-23-00
158-352-24-00
158-352-25-00
158-352-26-00
158-352-27-00
158-352-28-00
158-352-29-00
158-352-30-00
158-353-01-00
158-353-02-00
158-353-03-00
158-353-04-00
158-353-05-00
158-353-06-00
158-353-07-00
158-353-08-00
158-353-09-00
158-353-10-00
158-353-11-00
158-353-12-00
158-353-13-00
158-353-14-00
158-354-01-00
158-354-02-00
158-354-03-00
158-354-04-00
158-354-05-00
158-354-06-00
158-354-07-00
158-354-08-00
158-354-09-00
158-354-10-00
158-354-11-00
158-354-12-00
158-354-13-00
Fred Yasukochi Parcel 1 158-354-14-00
' ' Fred Yasukochi Parcel 1 158-354-15-00
Fred Yasukochi Parcel 1 158-354-16-00
Fred Yasukochi Parcel 1 158-354-17-00
Fred Yasukochi Parcel 1 158-354-18-00
Fred Yasukochi Parcel 1 158-354-19-00
Fred Yasukochi Parcel 1 158-354-20-00
Fred Yasukochi Parcel 1 158-354-21-00
Fred Yasukochi Parcel 1 158-354-22-00
Fred Yasukochi Parcel 1 158-354-23-00
Fred Yasukochi Parcel 1 158-354-24-00
Fred Yasukochi Parcel 1 158-354-25-00
Fred Yasukochi Parcel 1 158-354-26-00
Fred Yasukochi Parcel 1 158-354-27-00
Fred Yasukochi Parcel 1 158-354-28-00
Fred Yasukochi Parcel 1 158-354-29-00
Fred Yasukochi Parcel 1 158-354-30-00
Fred Yasukochi Parcel 1 158-354-31,-00
Fred Yasukochi Parcel 1 158-354-32-00
Fred Yasukochi Parcel 1 158-354-33-00
Fred Yasukochi Parcel 1 158-360-44-00
Fred Yasukochi Parcel 1 158-360-45-00
Fred Yasukochi Parcel 1 158-360-46-00
Fred Yasukochi Parcel 1 158-360-47-00
Fred Yasukochi Parcel 1 158-360-48-00
\ Fred Yasukochi Parcel 1 158-360-49-00
7' Fred Yasukochi Parcel 1 158-360-50-00
Fred Yasukochi Parcel 1 158-670-06-00
Fred Yasukochi Parcel 1 158-670-07-00
Fred Yasukochi Parcel 1 158-670-08-00
Fred Yasukochi Parcel 1 158-670-09-00
Fred Yasukochi Parcel 1 158-670-10-00
Fred Yasukochi Parcel 1 158-670-11-00
Fred Yasukochi Parcel 1 158-670-12-00
Fred Yasukochi Parcel 1 158-670-13-00
Fred Yasukochi Parcel 1 158-670-14-00
Fred Yasukochi Parcel 1 158-670-15-00
Fred Yasukochi Parcel 1 158-670-16-00
Fred Yasukochi Parcel 1 158-670-17-00
Fred Yasukochi Parcel 1 158-670-18-00
Fred Yasukochi Parcel 1 158-670-19-00
Fred Yasukochi Parcel 1 158-670-20-00
Fred Yasukochi Parcel 1 158-670-21-00
Fred Yasukochi Parcel 1 158-670-22-00
Fred Yasukochi Parcel 1 158-670-23-00
Fred Yasukochi Parcel 1 158-670-24-00
Fred Yasukochi Parcel 1 158-670-25-00
Fred Yasukochi Parcel 1 158-670-26-00
Fred Yasukochi Parcel 1 158-670-27-00
Fred Yasukochi Parcel 1 158-671-01-00
. Fred Yasukochi Parcel 1 158-671-02-00
' Fred Yasukochi Parcel 1 158-671-03-00
• Fred Yasukochi Parcel 1 158-671-04-00
Fred Yasukochi Parcel 1 158-671-05-00
Fred Yasukochi Parcel 1 158-671-06-00
Fred Yasukochi Parcel 1 158-671-07-00
Fred Yasukochi Parcel 1 158-671-08-00
Fred Yasukochi Parcel 1 158-671-09-00
Fred Yasukochi Parcel 1 158-671-10-00
Fred Yasukochi Parcel 1 158-671-11-00
Fred Yasukochi Parcel 1 158-671-12-00
Fred Yasukochi Parcel 1 158-671-13-00
Fred Yasukochi Parcel 1 158-671-14-00
Fred Yasukochi Parcel 1 158-671-15-00
Fred Yasukochi Parcel 1 158-671-16-00
Fred Yasukochi Parcel 1 158-671-17-00
Fred Yasukochi Parcel 1 • 158-671-18-00
Fred Yasukochi Parcel 1 158-671-19-00
Fred Yasukochi Parcel 1 158-671-20-00
Fred Yasukochi Parcel 1 158-671-21-00
Fred Yasukochi Parcel 1 158-671-22-00
Fred Yasukochi Parcel 1 158-671-23-00
Fred Yasukochi Parcel 1 158-671-24-00
Fred Yasukochi Parcel 1 158-671-25-00
Fred Yasukochi Parcel 1 158-671-26-00
Fred Yasukochi Parcel 1 158-671-27-00
Fred Yasukochi Parcel 1 158-671-28-00
1 Fred Yasukochi Parcel 1 158-671-29-00
' Fred Yasukochi Parcel 1 158-671-30-00
Fred Yasukochi Parcel 1 158-671-31-00
Fred Yasukochi Parcel 1 158-671-32-00
Fred Yasukochi Parcel 1 158-671-33-00
Fred Yasukochi Parcel 1 158-671-34-00
Fred Yasukochi Parcel 1 158-671-35-00
Fred Yasukochi Parcel 1 158-671-36-00
Fred Yasukochi Parcel 1 158-671-37-00
Fred Yasukochi Parcel 1 158-671-38-00
Fred Yasukochi Parcel 1 158-671-39-00
Fred Yasukochi Parcel 1 158-671-40-00
Fred Yasukochi Parcel 1 158-671-41-00
Fred Yasukochi Parcel 1 158-673-28-00
Fred Yasukochi Parcel 1 158-673-29-00
Fred Yasukochi Parcel 1 158-673-30-00
Fred Yasukochi Parcel 1 158-673-31-00
Fred Yasukochi Parcel 1 158-673-32-00
Fred Yasukochi Parcel 1 158-673-33-00
Fred Yasukochi Parcel 1 158-673-34-00
Fred Yasukochi Parcel 1 158-673-35-00
Fred Yasukochi Parcel 1 158-673-36-00
Fred Yasukochi Parcel 1 158-673-37-00
Fred Yasukochi Parcel 1 158-673-48-00
Fred Yasukochi Parcel 1 158-673-49-00
Fred Yasukochi Parcel 1 158-673-50-00
Fred Yasukochi Parcel 1 158-673-51-00
Fred Yasukochi
Fred Yasukochi
Fred Yasukochi
Fred Yasukochi
Fred Yasukochi
Fred Yasukochi
Fred Yasukochi
Fred Yasukochi
Fred Yasukochi
Fred Yasukochi
Fred Yasukochi
Fred Yasukochi
Fred Yasukochi
Fred Yasukochi
Fred Yasukochi
Fred Yasukochi
Fred Yasukochi
Fred Yasukochi
Fred Yasukochi
Fred Yasukochi
Fred Yasukochi
Fred Yasukochi
Fred Yasukochi
Fred Yasukochi
Fred Yasukochi
Fred Yasukochi
Fred Yasukochi
Fred Yasukochi
Fred Yasukochi
Fred Yasukochi
Fred Yasukochi
Fred Yasukochi
Fred Yasukochi
Fred Yasukochi
Fred Yasukochi
Fred Yasukochi
Fred Yasukochi
Fred Yasukochi
Fred Yasukochi
Fred Yasukochi
Fred Yasukochi
Fred Yasukochi
Fred Yasukochi
Fred Yasukochi
Fred Yasukochi
Fred Yasukochi
Fred Yasukochi
Fred Yasukochi
Fred Yasukochi
Fred Yasukochi
Fred Yasukochi
Fred Yasukochi
Parcel 1
Parcel 1
Parcel 1
Parcel 1
Parcel 1
Parcel 1
Parcel 1
Parcel 1
Parcel 1
Parcel 1
Parcel 1
Parcel 1
Parcel 1
Parcel 1
Parcel 1
Parcel 1
Parcel 1
Parcel 1
Parcel 1
Parcel 1
Parcel 1
Parcel 1
Parcel 1
Parcel 1
Parcel 1
Parcel 1
Parcel 1
Parcel 1
Parcel 1
Parcel 1
Parcel 1
Parcel 1
Parcel 1
Parcel 1
Parcel 1
Parcel 1
Parcel 1
Parcel 1
Parcel 1
Parcel 1
Parcel 1
Parcel 1
Parcel 1
Parcel 1
Parcel 1
Parcel 1
Parcel 1
Parcel 1
Parcel 1
Parcel 1
Parcel 1
Parcel 1
158-673-52-00
158-673-53-00
158-673-54-00
158-673-55-00
158-673-56-00
158-673-57-00
158-673-58-00
158-673-59-00
158-674-06-00
158-674-07-00
158-674-08-00
158-674-09-00
158-674-10-00
158-674-11-00
158-674-12-00
158-674-13-00
158-674-14-00
158-674-15-00
158-674-16-00
158-674-29-00
158-674-30-00
158-674-31-00
158-674-32-00
158-674-33-00
158-674-34-00
158-674-35-00
158-674-36-00
158-674-37-00
158-674-38-00
158-674-39-00
158-674-40-00
158-674-41-00
158-674-42-00
158-674-43-00
158-674-44-00
158-674-45-00
158-674-46-00
158-674-62-00
158-674-63-00
158-720-01-00
158-720-02-00
158-720-03-00
158-720-04-00
158-720-05-00
158-720-06-00
158-720-07-00
158-720-08-00
158-720-09-00
158-720-10-00
158-720-11-00
158-720-12-00
158-720-13-00
", Fred Yasukochj
' Fred Yasukochi
Fred Yasukochi
Fred Yasukochi
Fred Yasukochi
Fred Yasukochi
Fred Yasukochi
Fred Yasukochi
Fred Yasukochi
Pete Berges
Pete Berges
Pete Berges
Pete Berges
Pete Berges
" Pete Berges
Rex McDanlel
Rex McDaniel
Rex McDaniel
Rex McDaniel
Rex McDaniel
Rex McDaniel
Rex McDaniel
Rex McDaniel
Rex McDaniel
Rex McDaniel
I Rex McDaniel
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Parcel 1
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158-720-14-00
158-720-15-00
158-720-16-00
158-720-17-00
158-720-18-00
158-720-19-00
158-720-20-00
158-720-21-00
158-720-22-00
160-290-55-00
160-290-58-00
160-290-60-00
160-290-62-00
160-290-63TOO
160-290-64-00
146-061-01-00
146-061-02-00
146-061-03-00
146-061-04-00
146-061-05-00
146-061-06-00
146-061-07-00
146-061-08-00
146-061-09-00
146-061-10-00
146-061-11-00
146-061-12-00
146-061-13-00
146-061-14-00
146-061-15-00
146-061-16-00
146-061-17-00
146-061-18-00
146-061-19-00
146-061-20-00
146-061-21-00
146-062-01-00
146-062-02-00
146-062-03-00
146-062-04-00
146-062-05-00
146-062-06-00
146-062-07-00
146-062-08-00
146-062-09-00
146-062-10-00
146-062-11-00
146-062-12-00
146-062-13-00
146-062-14-00
146-062-15-00
146-062-16-00
• Rex McDaniel Parcel 1 146-062-17-00
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Rex McDaniel Parcel 1 146-062-19-00
Rex McDaniel Parcel 1 146-062-20-00
Rex McDaniel Parcel 1 146-062-21-00
Rex McDaniel Parcel 1 146-062-22-00
Rex McDaniel Parcel 1 146-062-23-00
Rex McDaniel Parcel 1 146-062-24-00
Rex McDaniel Parcel 1 146-062-25-00
Rex McDaniel Parcel 1 146-062-26-00
Rex McDaniel Parcel 1 146-062-28-00
Rex McDaniel Parcel 1 146-063-01-00
Rex McDaniel Parcel 1 146-063-02-00
Rex McDanlel Parcel 1 146-063-03-00
Rex McDaniel Parcel 1 146-063-04-00
Rex McDaniel Parcel 1 146-063-05-00
Rex McDaniel Parcel 1 146-063-06-00
Rex McDaniel Parcel 1 146-063-07-00
Rex McDaniel Parcel 1 146-063-08-00
Rex McDaniel Parcel 1 146-063-09-00
Rex McDaniel Parcel 1 146-063-10-00
Rex McDaniel Parcel 1 146-063-11-00
Rex McDaniel Parcel 1 146-063-12-00
Rex McDaniel Parcel 1 146-063-13-00
Rex McDaniel Parcel 1 146-063-14-00
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Parcel 1 146-063-15-00 Rex McDaniel
Rex McDaniel Parcel 1 146-063-16-00
Rex McDaniel Parcel 1 146-063-17-00
Rex McDaniel Parcel 1 146-063-18-00
Rex McDaniel Parcel 1 146-063-19-00
Rex McDaniel Parcel 1 146-063-20-00
Rex McDaniel Parcel 1 146-063-21-00
Rex McDaniel Parcel 1 146-063-22-00
Rex McDaniel Parcel 1 146-251-01-00
Rex McDaniel Parcel 1 146-251-02-00
Rex McDaniel Parcel 1 146-251-03-00
Rex McDaniel Parcel 1 146-251-04-00
Rex McDaniel Parcel 1 146-251-05-00
Rex McDaniel Parcel 1 146-251-06-00
Rex McDaniel Parcel 1 146-251-07-00
Rex McDaniel Parcel 1 146-251-08-00
Rex McDaniel Parcel 1 146-251-09-00
Rex McDaniel Parcel 1 146-251-10-00
Rex McDaniel Parcel 1 146-251-11-00
Rex McDaniel Parcel 1 146-251-12-00
Rex McDaniel Parcel 1 146-251-13-00
Rex McDaniel Parcel 1 146-251-14-00
Rex McDaniel Parcel 1 146-251-15-00
Rex McDaniel Parcel 1 146-251-16-00
Rex McDaniel Parcel 1 146-252-01-00
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Parcel 1 146-252-02-00 Rex McDaniel
Rex McDaniel Parcel 1 146-252-03-00
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Parcel 1
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146-252-04-00
146-252-05-00
146-252-06-00
146-252-07-00
146-252-08-00
146-253-06-00
146-253-07-00
146-253-08-00
146-253-09-00
146-253-10-00
146-253-11-00
146-253-12-00
146-253-13-00
146-254-01-00
146-254-02-00
146-254-03-00
146-254-04-00
146-254-05-00
146-254-06-00
146-254-07-00
146-254-08-00
146-290-21-00
146-290-22-00
146-290-52-00
146-290-55-00
160-051-01-00
160-051-02-00
160-051-03-00
160-051-04-00
160-051-05-00
160-051-06-00
160-051-07-00
160-051-08-00
160-051-09-00
160-051-10-00
160-051-11-00
160-051-12-00
160-051-13-00
160-051-14-00
160-051-15-00
160-051-16-00
160-051-17-00
160-051-18-00
160-051-19-00
160-051-20-00
160-051-21-00
160-051-22-00
160-051-23-00
160-051-24-00
160-051-25-00
160-051-26-00
160-051-27-00
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160-051-28-00
160-051-29-00
160-051-30-00
160-051-31-00
160-051-32-00
160-051-33-00
160-052-01-00
160-052-02-00
160-052-03-00
160-052-04-00
160-052-05-00
160-052-06-00
160-052-07-00
160-052-08-00
160-052-09-00
160-052-10-00
160-052-11-00
160-053-03-00
160-053-04-00
160-053-05-00
160-053-06-00
160-053-07-00
160-053-08-00
160-053-09-00
160-053-10-00
160-054-01-00
160-054-02-00
160-054-03-00
160-054-04-00
160-054-05-00
160-054-06-00
160-054-07-00
160-054-08-00
160-054-09-00
160-054-10-00
160-054-11-00
160-054-12-00
160-054-13-00
160-054-14-00"
160-054-15-00
160-054-16-00
160-054-17-00
160-054-18-00
160-054-19-00
160-080-01-00
160-080-02-00
160-080-03-00
160-080-04-00
160-080-05-00
160-080-06-00
160-080-07-00
160-080-08-00
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Parcel 1
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Parcel 1
160-080-09-00
160-080-10-00
160-080-11-00
160-080-12-00
160-080-13-00
160-080-14-00
160-080-15-00
160-080-16-00
160-080-17-00
160-080-18-00
160-080-19-00
160-080-20-00
160-080-21-00
160-080-22-00
160-080-23-00
160-080-24-00
160-080-25-00
160-080-26-00
160-080-27-00
160-080-28-00
160-080-29-00
160-080-30-00
160-080-31-00
160-080-32-00
160-080-33-00
160-080-34-00
160-080-35-00
160-080-36-00
160-080-37-00
160-080-38-00
160-080-39-00
160-080-40-00
160-080-41-00
160-080-42-00
160-080-43-00
160-080-44-00
160-080-45-00
160-080-46-00
160-080-47-00
160-080-48-00
160-080-49-00
160-080-50-00
160-090-01-00
160-090-02-00
160-090-03-00
160-090-04-00
160-090-05-00
160-090-06-00
160-090-07-00
160-090-08-00
160-090-09-00
160-090-10-00
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160-090-11-00
160-090-12-00
160-090-13-00
160-090-14-00
160-090-15-00
160-090-16-00
160-090-17-00
160-090-18-00
160-090-19-00
160-090-20-00
160-090-21-00
160-090-22-00
160-090-23-00
160-090-24-00
160-090-25-00
160-090-26-00
160-090-27-00
160-090-28-00
160-090-29-00
160-090-30-00
160-090-31-00
160-090-32-00
160-090-33-00
160-090-34-00
160-090-35-00
160-090-36-00
160-090-37-00
160-090-38-00
160-090-39-00
160-090-40-00
160-090-41-00
160-090-42-00
160-090-43-00
160-090-44-00
160-090-45-00
160-090-46-00
160-090-47-00
160-090-48-00
160-090-49-00
160-090-50-00
160-090-51-00
160-090-52-00
160-090-53-00
160-090-54-00
160-090-55-00
160-090-56-00
160-090-57-00
160-090-58-00
160-090-59-00
160-090-60-00
160-090-61-00
160-090-62-00
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160-090-63-00
160-090-64-00
160-090-65-00
160-131-01-00
160-131-02-00
160-131-03-00
160-131-04-00
160-131-05-00
160-131-06-00
160-131-07-00
160-131-08-00
160-131-09-00
160-131-10-00
160-131-11-00
160-131-12-00
160-131-13-00
160-131-14-00
160-131-15-00
160-131-16-00
160-131-17-00
160-131-18-00
160-131-19-00
160-131-20-00
160-131-21-00
160-131-22-00
160-132-01-00
160-132-02-00
160-132-03-00
160-132-04-00
160-132-05-00
160-132-06-00
160-132-07-00
160-132-08-00
160-132-09-00
160-132-10-00
160-132-11-00
160-132-12-00
160-132-13-00
160-132-14-00
160-132-15-00
160-132-16-00
160-132-17-00
160-132-18-00
160-132-19-00
160-132-20-00
160-132-21-00
160-132-22-00
160-132-23-00
160-133-01-00
160-133-02-00
160-133-03-00
160-133-04-00
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160-133-06-00
160-133-07-00
160-133-08-00
160-133-09-00
160-133-10-00
160-133-11-00
160-133-12-00
160-133-13-00
160-134-01-00
160-134-02-00
160-134-03-00
160-134-04-00
160-134-05-00
160-134-06-00
160-134-07-00
160-134-08-00
160-270-11-00
160-270-12-00
160-290-61-00
160-290-65-00
160-291-01-00
160-291-03-00
160-291-04-00
160-291-05-00
160-291-06-00
160-291-09-00
160-291-11-00
160-300-03-00
160-300-13-00
160-511-25-00
160-512-31-00
160-512-32-00
160-512-33-00
160-512-34-00
160-512-35-00
160-512-36-00
160-512-37-00
160-512-38-00
160-550-01-00
160-550-03-00
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160-550-05-00
160-550-06-00
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160-550-08-00
160-550-09-00
160-550-10-00
160-550-12-00
160-550-13-00
160-560-06-00
160-560-14-00
. Rex McDaniel Parcel 2 160-280-53-00
T Rex McDaniel Parcel 3 158-390-04-00
Rex McDaniel Parcel 3 158-390-05-00
Rex McDaniel Parcel 3 158-390-06-00
Rex McDaniel Parcel 3 158-390-07-00
Rex McDaniel Parcel 3 158-390-08-00
Rex McDaniel Parcel 3 158-390-09-00
Rex McDaniel Parcel 3 158-390-10-00
Rex McDaniel Parcel 3 158-390-11-00
Rex McDanlel Parcel 3 158-390-12-00
Rex McDaniel Parcel 3 158-390-13-00
Rex McDaniel Parcel 3 158-390-14-00
Rex McDaniel Parcel 3 158-390-15-00
Rex McDaniel Parcel 3 160-290-40-01
Rex McDaniel Parcel 3 160-290-40-02
Rex McDaniel Parcel 4 158-390-02-00
Rex McDaniel Parcel 4 158-390-04-00
Rex McDaniel Parcel 4 158-390-05-00
Rex McDaniel Parcel 4 158-390-09-00
Rex McDaniel Parcel 4 158-390-12-00
Rex McDaniel Parcel 4 158-390-13-00
Rex McDaniel Parcel 4 158-390-14-00
Rex McDaniel Parcel 4 158-390-15-00
Stephen Davies Parcel 1 160-290-58-00
Stephan Davies Parcel 2 160-290-26-00
Stephan Davies Parcel 2 160-290-53-00
/Stephan Davies Parcel 2 160-290-58-00
Stephan Davies Parcel 2 160-290-60-00
Stephan Davies Parcel 3 160-160-01-00
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Stephan Davies Parcel 3 160-160-03-00
Stephan Davies Parcel 3 160-160-04-00
Stephan Davies Parcel 3 160-160-05-00
Stephan Davies Parcel 3 160-160-06-00
Stephan Davies Parcel 3 160-160-07-00
Stephan Davies Parcel 3 160-160-08-00
Stephan Davies Parcel 3 160-160-09-00
Stephan Davies Parcel 3 160-160-10-00
Stephan Davies Parcel 3 160-160-11-00
Stephan Davies Parcel 3 160-160-12-00
Stephan Davies Parcel 3 160-160-13-00
Stephan Davies Parcel 3 160-160-14-00
Stephan Davies Parcel 3 160-160-15-00
Stephan Davies Parcel 3 160-160-16-00
Stephan Davies Parcel 3 160-160-17-00
Stephan Davies Parcel 3 160-160-18-00
Stephan Davies Parcel 3 160-160-19-00
Stephan Davies Parcel 3 160-160-20-00
Stephan Davies Parcel 3 160-160-21-00
Stephan Davies Parcel 3 160-160-22-00
Stephan Davies Parcel 3 160-160-23-00
Stephan Davies Parcel 3 160-160-24-00
-. stephan Davies Parcel 3 160-160-25-00
( Stephan Davies Parcel 3 160-160-26-00
stephan Davies Parcel 3 160-160-27-00
Stephan Davies Parcel 3 160-160-28-00
Stephan Davies Parcel 3 160-160-29-00
Stephan Davles Parcel 3 160-160-30-00
Stephan Davies Parcel 3 160-160-31-00
Stephan Davies Parcel 3 160-160-32-00
Stephan Davies Parcel 3 160-160-33-00
Stephan Davies Parcel 3 160-160-34-00
Stephan Davies Parcel 3 160-160-35-00
Stephan Davies Parcel 3 160-160-36-00
Stephan Davies Parcel 3 160-160-37-00
Stephan Davies Parcel 3 160-160-38-00
Stephan Davies Parcel 3 160-160-39-00
Stephan Davies Parcel 3 160-160-40-00
Stephan Davies Parcel 3 160-160-41-00
Stephan Davies Parcel 3 160-160-42-00
Stephan Davies Parcel 3 160-160-43-00
Stephan Davies Parcel 3 160-160-44-00
Stephan Davies Parcel 3 160-160-45-00
Stephan Davies Parcel 3 160-160-46-00
Stephan Davies Parcel 3 160-160-47-00
Stephan Davies Parcel 3 160-160-48-00
Stephan Davies Parcel 3 160-160-49-00
N Stephan Davies Parcel 3 160-160-50-00
1/ Stephan Davies Parcel 3 160-160-51-00
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Stephan Davies Parcel 3 160-160-53-00
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Stephan Davies Parcel 3 160-160-55-00
Stephan Davies Parcel 3 160-160-56-00
Stephan Davies Parcel 3 160-160-57-00
Stephan Davies Parcel 3 160-160-58-00
Stephan Davies Parcel 3 160-160-59-00
Stephan Davies Parcel 3 160-160-60-00
Stephan Davies Parcel 3 160-160-61-00
Stephan Davies Parcel 3 160-160-62-00
Stephan Davies Parcel 3 160-160-63-00
Stephan Davies Parcel 3 160-160-64-00
Stephan Davies Parcel 3 160-160-65-00
Stephan Davies Parcel 3 160-160-66-00
Stephan Davies Parcel 3 160-160-67-00
Stephan Davies Parcel 3 160-160-68-00
Stephan Davies Parcel 3 160-160-69-00
Stephan Davies Parcel 3 160-160-70-00
Stephan Davies Parcel 3 160-160-71-00
Stephan Davies Parcel 3 160-160-72-00
Stephan Davies Parcel 3 160-160-73-00
Stephan Davies Parcel 3 160-160-74-00
Stephan Davies Parcel 3 160-160-75-00
1 Stephan Davies Parcel 3 160-290-01-00
Stephan Davies
Stephan Davies
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Stephan Davies
Stephan Davies
Stephan Davies
Stephan Davies
Stephan Davies
Stephan Davies
Stephan Davies
Stephan Davies
Stephan Davies
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Stephan Davies
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Stephan Davies
Stephan Davies
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\ Stephan Davies
/Stephan Davies
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Stephan Davies
Stephan Davies
Stephan Davies
Stephan Davies
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Stephan Davies
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Stephan Davies
Stephan DaVies
Stephan Davies
Stephan Davies
Stephan Davies
Stephan Davies
Stephan Davies
Stephan Davies
Stephan Davies
Stephan Davies
Stephan Davies
Stephan Davies
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^, Stephan Davies
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Parcel 3
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160-290-09-00
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160-290-60-00
160-400-01-00
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160-400-03-00
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160-400-28-00
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Stephan Davies
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Stephan Davies
Stephan Davies
Stephan Davies
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IJ Stephan Davies
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Stephan Davies
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Stephan Davies
Stephan Davies
Stephan Davies
Stephan Davies
Stephan Davies
Stephan Davies
Stephan Davies
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Stephan Davies
Stephan Davies
Stephan Davies
Stephan Davies
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Stephan Davies
Stephan Davies
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Stephan Davies
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160-400-49-00
160-411-01-00
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160-411-03-00
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160-413-01-00
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Stephan Davles
' Stephan Davies
Stephan Davies
Stephan Davies
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Stephan Davies
Stephan Davies
Stephan Davies
Stephan Davies
Stephan Davies
Stephan Davies
Stephan Davies
Stephan Davies
Stephan Davies
Stephan Davies
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Stephan Davies
Stephan Davies
Walter Johnson
Walter Johnson
Walter Johnson
Walter Johnson
Walter Johnson
Walter Johnson
Walter Johnson
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Walter Johnson
Walter Johnson
Walter Johnson
Walter Johnson
Walter Johnson
Walter Johnson
Walter Johnson
Walter Johnson
Walter Johnson
Walter Johnson
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Walter Johnson
Walter Johnson
Walter Johnson
Walter Johnson
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Walter Johnson
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160-413-03-00
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160-414-01-00
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145-021-06-00
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145- 021-32-00
146- 030-06-00
146-030-18-00
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Walter Johnson
Walter Johnson
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Walter Johnson
Walter Johnson
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Walter Johnson
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Walter Johnson
Walter Johnson
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146-050-25-00
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160-271-15-00
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160-271-27-00
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146-050-33-00
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Attorney Client Privilege
Attorney Work Product
MEMORANDU M
To: Keith R. Solar
From: Cyril J. Dantchev
Date: February 29, 2008
Re: City of Carlsbad — Follow up Memorandum
This memorandum will address some of the issues that were raised at the two previous
meetings with the City of Carlsbad ("City") regarding the San Luis Rey River water wells and
related water issues.
1. SUMMARY
(a) The 1964 Exchange Agreement, which was duly recorded, provided for
specific well sites to be conveyed to the City in fee simple, as well as specific easements of
ingress and egress and pipeline easements in favor of the City at such time the property owners
filed a fmal map. In consideration for these specific conveyances and easements, the City was to
relinquish its general right of entry to extract and carry up to 200 miner's inches of water per
year. The 1987 agreement extending the term of the Exchange Agreement until 2014 was never
recorded, and should be recorded. The current owners of the subject property are requesting that
the City relinquish its right to extract on the property and relocate the well sites to property the
City owns in the vicinity. Any agreement to relocate the well sites should be consistent with the
City's application for extension of time and change of diversion points for Permit No. 5228. If
the Exchange Agreement expires and negotiations with the property owners are unsuccessful, the
City's rights will revert to its original "blanket" rights under a 1913 and a 1915 grant deed.
(b) The water rights of the City of Oceanside appear to be based on the on the
1935 application for appropriation to the State Water Resources Control Board, Application
No. 8418, Permit No. 5229.
(c) The 1965 judgment in the San Luis Rey Water Conservation District,
which declared that the City had, as of November 3, 1953 (the date of filing of the complaint), a
prescriptive right to extract, divert, use and export to its service area up to 2,382 acre-feet of
water during any water year, only binds the parties to the proceeding. Further research should be
made to find out who the plaintiffs' successors in interest now are.
2. THE AGREEMENT TO EXCHANGE
In 1964, the City entered into an Agreement to Exchange, attached as Exhibit 1, with
certain property owners in the San Luis Rey River area, regarding the City's preexisting rights to
enter their land to install wells, extract up to 200 miners inches of water and carry it away.
Buchanan IngersoU A Rooney LLP
Attorneys Ik. Government Relations Professionals
February 29, 2008
Page 2
These rights were established by two grant deeds dated February 16, 1910, and
February 13, 1913, respectively. These deeds are attached as Exhibits 2 and 3. The rights
conferred by these deeds were general in nature and did not provide specific points of extraction
or location of pipelines and other facilities.
The purpose of the Agreement to Exchange was to give the City specific rights and
easements rather than general ones, and to allow the property owners to develop their property.
Specifically, the Agreement to Exchange provides that the City will release its general rights and
easements upon the conveyance to the City, free and clear, by the property owners of the
following real property:
(a) Four one-half acre areas surrounding the then-existing wells, marked as
"A," "B," "C," and "D" on the map attached as Exhibit 4;
(b) Four one-half acre areas for proposed wells, marked as "I," "II," "III" and
"IV" on Exhibit 4;
(c) Those areas located south of State Highway Route 76 where the City had
located reservoirs and pumping stations;
(d) Easements for three existing observation wells; and
(e) Rights of ingress and egress to and from the various well sites and
easements for the then-existing pipelines. Such easements for pipelines
were to prohibit construction of any building or sheds thereon.
These conveyances and easements were to occur at such time as the property owners filed
a final subdivision map encompassing the subject property with the City of Oceanside
("Oceanside") or other appropriate public agency. Upon such conveyances and easements being
completed, the City would then release its general rights as they affect such areas. Procedurally,
it seems that the conveyances and easements should be made part of the subdivision map's
conditions of approval.
Finally, the property owners granted the City all rights they may have had to extract
water. They also granted the City full right to extract and take such water it desired or was
legally entitled to extract.
The Agreement to Exchange was to expire on March 11, 1989. On March 27, 1987, the
property owners' successors in interest, Robert and John Siegel ("Siegels"), entered into a new
agreement with the City continuing the terms and conditions of the Exchange Agreement for an
additional 25 years, until March 11, 2014. A copy of this agreement is attached as Exhibit 5. A
Preliminary Title Report, attached as Exhibit 6, indicates that this agreement was never recorded.
While the Siegels still own the property, this agreement should be recorded.
More recently, the City was contacted by Thomas Enterprises, a ground lessee of a
portion of the Siegels' property. See letter, from Ronald Rouse, Esq., of Luce Forward, dated
February 29, 2008
Page 3
May 7, 2007, and attached as Exhibit 7. We understand that the Siegels also have contacted the
City.
Thomas Enterprises is processing entitlements for a 90-acre retail/commercial project, the
Pavilion, on the Siegels' property. In essence, Thomas Enterprises is requesting that the City
relinquish its surface rights over the Pavilion project entirely, and "relocate" any future wells on
other property the City owns in the vicinity of the project. In the alternative, it is requesting that
a single well site be limited to a minimum footprint in a mutually acceptable area.
In sum, the Siegels and Thomas Enterprises are choosing to ignore the terms and
conditions of the Exchange Agreement. They are requesting that the City relinquish its rights to
extract water from the project site.
The City's options are twofold: 1) the City can give formal notice to the Siegels that it
intends to enforce the Exchange Agreement and that upon approval of the Pavilion project by the
City of Oceanside, the Siegels are under an obligation to grant fee title to those areas defined in
the Exchange Agreement as well as the various easements referenced in the agreement, and that
such obligation can be the subject of an action for specific performance; and 2) the City can
agree to some relocation of the well sites." If the City elects the latter alternative, it must act
consistently with the application for extension of time and change of diversion points currently
pending before the State Water Resources Control Board.
If no resolution is reached by 2014, the Exchange Agreement will expire by its own
terms. Thus, the City may want to consider the negotiation of a new exchange agreement. If the
Exchange Agreement expires and negotiations are unsuccessful, the City's rights will revert to
its original "blankef rights under the 1913 and 1915 grant deeds.
3. THE CITY OF OCEANSmE^S WATER RIGHTS
Review of numerous documents from the State Water Resources Control Board, the
Metropolitan Water District, and the San Diego County Water Authority so far has indicated that
the water rights of Oceanside are based on the 1935 application for appropriation to the State
Water Resources Control Board, Application No. 8418, Permit No. 5229. On October 24, 2000,
the State Water Resources Control Board approved Oceanside's application for extension of
Permit No. 8418 until December 31, 2010. A copy of the order is attached as Exhibit 8.
In order to gather more information on this issue, our paralegal, on a blind basis,
contacted Oceanside's water department to obtain a copy of its Water Master Plan. She talked to
Greg Blakely, Project Manager, who at first was very defensive and refused to provide a copy of
the Water Master Plan short of a request for public records. He told her, however, that she could
examine the document on site. She did go to the water department to examine the document and
is in the process of obtaining a copy of another study, Stetson Engineers' Balanced Water Project
dated June 1992, that sets forth Oceanside's stated water rights.
However, she also had an opportunity to talk to Mr. Blakely when she was there. He
eventually warmed up because he is somehow convinced that we represent the Siegels. (Our
paralegal made no such representations.) He orally confirmed that Permit No. 5229 is the basis
February 29, 2008
Page 4
of Oceanside's water rights. He also acknowledged that the City has concurrent rights under
Permit No. 8205 but stated that the City is likely to lose its permit for nonuse. He stated that
Oceanside has no intention to enter into any agreement with the City with regard to the desalting
facility. Finally, he was under the impression that the Siegels wanted to extract water for their
own purposes and were negotiating with the City to this effect. He said they could not use the
water without being treated.
As we get the Stetson study and additional documents, I will provide you with updates.
4. THE SAN LUIS REY WATER CONSERVATION DISTRICT JUDGMENT
As discussed in my January 2, 2008 memorandum, on October 1, 1965, a stipulated
judgment was entered in the San Luis Rey Water Conservation District litigation. The judgment
followed a memorandum opinion holding that the waters of the San Luis Rey River were
percolating waters rather than a subterranean stream. It declared that the City had, as of
November 3, 1953 (the date of filing of the complaint), a prescriptive right to extract, divert, use
and export to its service area up to 2,382 acre-feet of water during any water year.
As mentioned, it is unclear from the judgment itself how the court or the parties reached
the number of 2,382 acre-feet. It is also unclear whether the 2,382 acre feet included or were in
addition to the pre-1914 rights to 200 miner's inches of water (approximately 3,650 acre-feet per
year).
A review of additional internal documents provided by the City did not provide
additional information regarding the stipulated judgment. Review of the court files in the
archives of the San Diego Superior Court also did not provide any additional information.
Issues were raised in our discussion with the City as to the binding effect of the
judgment, in light of the 1964 decision of the Water Resources Division. As you know, that
decision rejected the superior court's holding in its memorandum opinion, and concluded that the
San Luis Rey River was an underground channel with known and definite banks and bottom,
thus subject to the State Water Resources Control Board's jurisdiction.
A threshold issue with regard to the judgment is that it was not an action to adjudicate
water rights in the San Luis Rey River basin. Indeed, review of the City council minutes after
the complaint was filed indicates that the City considered this option but rejected it as being cost
prohibitive. The complaint was brought as an action for declaratory relief and injunctive relief
by the San Luis Rey Water Conservation District and eight individual landowners. As a general
principle, water litigation carried out in superior court binds only those parties to the proceeding.
See e.g. City of Pasadena v. City ofAlhambra (1949) 33 Cal.2d 908, 919-920, and Pleasant
Valley Canal Co. v. Borror (1998) 61 Cal.App.4th 742, 766.
As a result, it appears that only the named plaintiffs and their successors in interest are
bound by the judgment. In that context, the City of Oceanside was not a named party. Thus, the
judgment may not be as determinative as it reads. However, further research should be made to
find out who the plaintiffs' successors in interest now are, as well as on the binding effect of the
decision of the State Water Resources Control Board.
#2162[6-v!
• RETURN TO: 598tf;9
City of Carlsbad /f> / '^^ /?
2960 Pio Pico Drive ^ ^<^'.. ^ l"-^±f\.M^/l
Carlsbad, California /^T^^T^f^
• ^ APR 2 1S&4
Arjdjb.MINUT£S PAST. |.....^
AGREgMEWT TO CXCHANGK "^'^5 5 BOOK 1964 g
-r OFFICIAL RECOBOS JAN DIEGO COUNTY, CALlFOBNIrt tt A, S. GFJ^r. COUWTY: :i::MRQ£B
THIS AGREEMSNT it •at«r*d into thli //^^iay of /f^/fc/-/ ^
1964, by and batwaen the City of CftrUbad. hwalziafter r«f«rr«d to aa City, and
KENNITH W. FETHER, HAROLD F. HOR?«NC, EDWINA C. HORNING, FIRST
AMERICAN TITLE INStniANCE AND TRUST COMPANY, ROY P. JOSEPHO and
MARC A. JOSEPHO. harainaft«r coUactlv«ly r«ferr«d to as Own«ra.
RECITALS
By r«a«on of varloaa eoat7eyanetts. tranefor* and rQaarvatlona, tho City
of Cartabad owna cartain rlghta in tha following doacribed property:
The Eaat 1/2 of the Northweat 1/4 and the Northeaat 1/4 of tho
Southweat 1/4 of Section 18. Townahip U South, Range 4 Weat.
S.B.M., to wit:
The right to enter upM aaid property for the purpoee of drilling
wells and developing water thereon and for tha purpoae of erecting
B pumping plant or plana, laying and conatructlag pipelines and
condulta aufficlently large to pomp and carry and conduct away
to other landa within or without the San Luia Rey Water Shed, 200
miner's inchea of water and for tha purpoae of doing any and all
things neceasary or convenient for tho maintenance, operation
and repair thereof, and all landa, rlghta of way and rlghta of in-
greoa and egreaa naceaaary or convenient for the above purposes.
The ownera aot out below own portlma of the above described property.
The portions owned by aaid ownera are aa followa;
KENNETH W. FETHER and HAROLD F. and EDWINA C. HORNING
are the owners of the pr^ierty deacrlbed as Exhibit B .
FIRST AMERICAN TITLE INSURANCE AND TRUST COMPANY ie
the owner of the property described aa Exhibit C .
ROY P. and MARC A. JOSEPHO are the ownere of the property
deacrlbed aa Exhibit D .
Ownera have requested that the general rlghta and eaaemante so owned
be made specific in order that they naay proceed with plana for development of
aald property. The ownera desire to orderly develop the properties owned by
them and have requeated an agreement to exchange the general rights and
S'j2
aaaements owned by the City for apeclftc rights and eaaementa so that they may
proceed with the plane for the development of said property. It la contemplated
that the development may be made by the raapective ownera at varying tlmee and
that the ownera may develop only portions of their respective properties. There-
fore, this agreement of exchange shall be a continuing agreement and shall affect
those portions of each owner's property as are encompaaaad In such development
and upon the ownor'a conveying to the City the apeelfle rlghta set forth herein.
The City le wlUtag to enter Into an agreement to exchange its general rights for
apectftc rlghta pursuant to certain terms and conditions aa hereafter aet forth.
AORESMENT
I, The City agrees that at aueh time aa the ownere have filed a final eob-
division map with the City of Oceanaida. County of San Dlego. or other apprc»priate
public authority and have perfcwmed the covenanta referred to below, that ae to
the areaa encompaoaed within aaid final aubdivlalmi map, the City will release
all of tta general rl|^ta aa the aame atfect euch areaa.
U. Owners agree as to the areas encompaaeed within the aubdlvlded
property ae feUowSJ
(a) To grant to City fee title, free and clear, to an area of one-
half acre, approximately aquare In aiaa. around each exiatlng well
site noted on the map atuched hereto, nurked Exhibit "A", aa
"A", "B", "C", and "D".
(b) To grant to City fee title, free and clear, to each propoaed
well alio noted on nwp, Exhibit ' A , ae I. 11, in, IV, V and
VI, of an area of one-half acre, approximately square in alza,
and in the area and aj^roxlmate locations ae ahown on aald
nup. Exhibit A .
(c) To grant to the City fee title to those areaa described in Exhibit
E attached hereto wherein City hae preaently located reservoirs,
pumping atatiotts, etc.. aouth of State Highway. Route 76. the
exact legal deacrlptlm to be approved by Mr. E. F. Dibble, in
return for which the City will convey all ite general rights on the
areas south of aaid highway.
<d) To grant to City eaaementa to operate and maintain the exletiag
obaervatlon wella noted on aald nwp, l&ehibit A , aa 0-1, 0-2 and
0-3, for observation with the right of ingress and egreaa thereto for eaid purpeae.
-2-
(e) To grant to City Hghta of Ingreaa and egreaa from each eite
to State Highway, Route No. 76. Such right of Ingreaa and egreaa
may be by reasonably direct public dedicated atreete or by private
eaaementa thereto at leaat 20 feet in width.
(f) To give specific eaaementa for all existing pipeltaes whSeh
shall be 10 foot in width. Said specific easements ahaU prohibit
construction of any buildings or aheda thereon and eball not per*
mit any use thereof inconsistent with or which would be a burden
upon the right of City to maintain and replace said plpellnea.
(g) Ownera ahall have the right from time to time to relocate
or Inatall new plpellnea for exiatlng plpellnea or pipelinea that
may exist In the future from the then exletlng eaiementr< *n
publicly dedicated streets which run frmn well sitea to its
reservolra located south of State Highway, Route 76, provided afl
followa:
1. Such relocation ehaU be in a reaaoaably direct route.
2. Owner shall pay the coat ai such relocation and In-stallation.
3. Sttch relocation and inatallation ahall occur within a
reasonable time after a plan of development ban been
f finalised and a eubdlvlelon map or other appropriate
filing has been finally and formally approved by the City
of Oeeanalde, County of San Diego, or other appropriate
public authority and public atreeta have been dedicated
and duly accepted.
4. Such plpellnea ahall be of the aame aixe aa preaently
existing pipelinea of the City located on aald property
and may be Increased In alne by the City If it eo requests
and paye the Incremental coat for auch Increaeed else.
If exiatlag pipelinea, la the opinion of the City, at the time of inatallation by
owners, are reaaonabty capable of relocation and without undue Interrruption of
service can be relocated, aald plpellnea nuy be need by ownera for installation
in Iteu of new pipelinea.
(h) To grant to City all righta which ownera may have to extract or
take water from below the aurface of the ground for any purpoae
whatseevar. and grant to City the fall right to extract and take
from underground for use on aald landa or on lands within or with-
out the San Lula Rey Water Shed, such water as ft may desire and
may otherwise be legally entitled to ao extract, take and expert
from said lands.
It le uttdevatood that theae agreements by owners ae aet forth above ekall
be made to the extent that ownera own the land deeerlbed In the recital and to the
extent that such land la encompaaeed within the particular aubdlvlfiioa map pro-
viding the City ahall always have pipeline eaeemeata from all welle to the reeervolrs
-I-
located aouth of Highway 76. " ^'^^
III. This Agreement shall be effective for a term of twenty:.five (25) years
from tha date hereof.
IV. The partiea to thla Agreement agree to execute whatever documents
nuy be required to in the future carry out the Intent of this Agreement.
V. If City should choose to sell or otherwise dispoae of any of eaid well
sites in the future, it agrees to give the present ownera a written notice of aiich in-
tention. Thereupon preaent ownera ahall have the right and option to acquire said
pepperty upon the same terma and condltlona upon which City is wlUlag to dispose of
It. Preaent owners shall give notice of each desire to acquire within 19 days after
tbe giving of aald notice by City and shall depoait with tha City or In eacrow with a
title company in San Diego County, the neceaaary eonaideratlfm no leter than 30
daya after the giving of said notice.
Thla right ahall be aaslgaable provided, however, that such assignment
shall not be effective as to the requireaMat of notice unless the City ahall have
written notice of auch aaaignment. '
VI. Thla Agreement shall be binding en the parties thereto, their heirs,
successors and aaaigaa.
IN WITNXS3 WHEREOF, the parties have executed this Agreement aa of
the date firat above written.
Addreaa:
~~7 WMa^t. Horning
Addreas}
AddresatT^
Addreaa: •?-'> ? o CM:^-.——CSL-^
FIRST AJ^ICAI* TITLS INSTOANCE
-4-
(Individual)
STATE OF CALIFORNIA ^
COUNTY 0F_
On Kareh 13. 1964 before me, ihe undersigned, a Nalary Public in and for eaid
Stale, personall)' appeared Kctmatb t. ysth»i-y Eda^m^ Hnn>it'e t^nH
'larold K tfemin^
known to me
^ ro be ihe person a whose name S Mfa subscribed
lo the within inslrumeni and acknowledged that thy
executed the Bame. | j^SS^ OFFICIAL SEAi ;
WITNESS my hand and official seal / ^ \ j^^^^ EDWARD T. OPIAT \
j^j , /'•'/T'^Ty J - 1 NOTARY PUBLIC • CAUFORNtA f
Si.naM.re /^^Z<,^A^A'''^. L^i ^"^^Z.-L^KA^ \ ^^^^ PRINCIPAL OFFICE IN |
EDWARD T. OPIAT ^ LJSI .^IHS-?.?.^."!^ I
Name (Typed or Printed)
(TMi far oflfliil natmriil lull
STATE OF CALXFORNU )
) aa:
COUNTY OF )
890
On March 12, 1964 , 1964, before ma» the underelgned,
a Notary PubUe in and for aaid County and State, personally appeared
James E. OjKeefe ^known to me to be the Aeat. vice President
•n" Milan F. Lawrence known to me to be *he Asst. Secretary
• ^ Flft^T AMERICAN TITLE INSURANCK Am
TRUST COMPANY, the corporation that executed the within Inatrament. and
known to me to be the peraona who executed the within Inatrument on ite
behalf and acknowledged to me that such corporation executed the within In-
etrument ^rauant to Ita By-Lawa or a Reaolutlon of its Board of Directors.
WITNESS my hand and official aeal.
SEAL
STATE OF CALIFORNIA ) ''-•JlH.il''
COUNTY OF ^.^/f )
On/JV/f^// //M « 1964, before me, the undersigned,
a Notary Public in and for said County and {^te. pereonally appeared
_ known to me to be the
peraon ^ whoae iname s_ J A aubacrlbed to the within Inatrument and
acknowledge that y/.-^ ^executed the aame.
WITNESS my hand and official seal.
STATE OF CALtFQRNIA
COUNTY OF
On
) »a:
, 1964, before me, tho undersigned,
a Notary Public in and tot said County and State, personally appeared
_ known to me to be the person whoea nams
aul>Bcrli>ed to the within instrument and acknowledgedlBat executed
the eame.
WITNESS my hand and official aeal.
Notary Public la and for said County and IsSaie
CORKXATION
STATE or CALIFORNU
COUNTY OF
SAN. DIE GO
On March.li, 1964
before ma, the underjlgned, « Notify Public in and lot said County
and State, personally appa«r«f
H. ..E..., BIERCE,".'jB^!IZ'l!!!"^"r'r'
known to.in«'*ft b*.tii8....Mayor.--eciditMK«nd . . :r.;^:m^aABEX..E,.. AnAMS
khown to^ml!-;fe;ti\lhi>Ciiy.::G^ SXiWry of
tlf« CoTporaHod Ihflt >jJuufad' (he within mitrum»nt, known to me
to be the.pertoni Wha SiScafed the within initrumant on bahalf of
tho Corporafior; theratnInanflfd, and acknowledged to ma that luch
Corporation eKituledithe, wBhin initrumant puriuant tioili^SUf
IAN BERK
Nal.rfi'ubllc
"EXHIBIT B'
PARCEL 1:
That portion of the East Half of the West Half of Section 18, Township 11 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
December 27, 1870, described as follows:
«9S
Beginning at a concrete monument marking the center of Section 18, Township 11
South, Range 4 West, San Bernardino Base and Meridian; thence South O" 14'25"
West along the North and South center line of said Section 18, a distance of 16,0.43
feet, more or less, to the center line of San Luia Rey Road No. 2; thence along
the center line of said San Luis Rey Road, South 50" 15' Og" West, a distance of
777. 51 feet; thence North 39" 57' 33" West along the Southwesterly line of land
described in Parcel No. 2 in deed to Rex McDaniel et ux, recorded March 25,
1952 in Book 4414, page 449 of Official Records, to a point distant thereon 249.91
feet^measured along aid last described line) from the Northwesterly line of said
land described in deed to the State of California, recorded February 27, J940, in
Book 995, page 370 of Official Records, being also the TRUE POINT OF BEGINNING:
thence continuing North 39° 57' 33" West, 357.16 feet to an angle point in said
McDaniel land; thence North 30° 27' 52" East, 1878.17 feet; thence South 89" 45' 35"
East, 73.42 feet to an intersection with the North and South center line of said
Section 18; thence South 0° 14' 25" West along the said center line of Section 18, a
distance of 126.18 feet to a two inch pipe marking the Northeast corner of the South-
east Quarter of the Northwest Quarter of Section 18; thence continuing along said
North and South center Une of said Section 18, South O" 14' 25" West, U04. 93 feet
to a point distant thereon North 0" 14' 25" East, 231.28 feet from the center of said
Section 18;, thence South 50* 16' West, parallel with said Northwesterly line of said
Deed to the State of California, a distance of 1031.04 feet to, the true point of begin-
ning.
"EXHIBIT C
PARCEL 2: 899
That portion of the East Half of the West Half of Section 18, Township 11 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
December 27, 1870, described as follows:
Beginning at a concrete monument marking the center of Section 18, Township 11
South, Range 4 West, San Bernardino Base and Meridian; thence South 0* 14' 25"
West along the North and South center line of said Section 18, a distance of 160.43
feet, more or less, to the center line of San Luis Rey Road No. 2; thence along
the center line of said San Luis Rey Road, South 50° 15' 09" West, a distance of
777. 51 feet; thence North 39" 57' 33" West along the Southwesterly line of land
described in Parcel No, 2 in deed to Rex McDaniel, et ux, recorded March 25,
1952 in Book 4414, page 449 of Official Records, to a point distant thereon 249.91
feet (measured along said last described line) from the Northwesterly line of land
described in deed to the State of California, recorded February 27, 1940 in Book
995, page 370 of Official Records; thence North 50° 16' East, parallel with aaid
Northwesterly line, a distance of 1031,04 feet to a point in the North and South
center line of said Section 18, a distant thereon North O" 14* 25" East 231.28 feet
from the center of said Section 18; thence South O" 14' 25" West along said North and
South center line a distance of, 231. 28 feet to the point of beginning,
EXCEPTING therefrom that portion of the above described property lying within
the right of way of the San Luia Rey Road No. 2,
PARCEL 3:
That portion.of Section 18, Township 11 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 December 27, 1870, described as follows:
Beginning at the point of intersection of the North and South center line of said
Section 18 with the Southeasterly line of the California State Highway XI-SD-195-A
as described in easement deed to the Stale of California recorded in Book 995,
page 370 of Official Records; thence Southerly along the Easterly line of the North-
east Quarter of the Southwest Quarter to the Southeast corner thereof; thence West-
erly along the South line of said Northeast Quarter of the Southwest Quarter to the
Northeasterly line of the 100.00 foot strip of land as excepted in deed to Rex
McDaniel, et ux, recorded in Book 4647, page 358 of Official Recorda; thence
Northwesterly along said Northeasterly line to the Southeasterly line of said
California State Highway XI-SD-195-A; thence North 50° 16' East along said Southeast-
erly line to the point of beginning,
EXCEPTING THEREFROM that portion described as follows:
That portion of Section 18, Township 11 South, I&nge 4 West, San Bernardino Base
and Meridian, in the County of San.Diego, State of California, according to United
States Government Survey approved December 27, 1870, described as follows:
£.)(v4iBIT 'C'
500
Beginning at the point of intersection of the North and South center line of said
Section 18 with the Southeasterly line of the California State Highway XI-SD-195-A
as described in easement Aed to the State of California recorded in Book 995, page
370 of Official Records; thence Southwesterly along the Southeasterly line of said
State Highway a distance of 991.16 feet to the true point of beginning; thence South-
easterly, at right angles to the Southeasterly line of said State Highway a distance
of 340.00 feet; thence Southwesterly parallel with aaid Southeasterly line to the
Northeasterly line of the 100,00 foot strip of land as excepted in deed to Rex
McDaniel, et ux, recorded in Book 4647, page 358 of Official Records; thence
Northwesterly along said Northeasterly line a distance of 340,00 feet, more or
less, to the Southeasterly line of said State Highway; thence Northeasterly along
said Southeasterly line to the true point of beginning.
PARCEL 4-
That portion of Section 18, Township 11 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 December 27, 1870, described as follows:
Beginning at the point of intersection of the North and South center line of said
Section 18 with the Southeasterly line of the California State Highway XI-SD-195-A
as described in easement deed to the State of California recorded in Book 995, page
370 of Official Records; thence Southwesterly along the.Southeasterly line of said
State Highway a distance of 991.16 feet to the true point of beginning; thence South-
easterly, at right angles to the Southeasterly line of said State Highway a distance
of 340.00 feet; thence Southwesterly parallel with said Southeasterly line to the
Northeasterly line of the 100.00 foot strip of land as excepted in deed to Rex
McDaniel, et ux, recorded in Book 4647, page 358 of Official Records; thence
Northwesterly along said Northeasterly line a distance of 340. 00 feet, more or
less, to the Southeasterly line of said State Highway; thence Northeasterly along
said Southeasterly line to the true point of beginning.
'EXHIBIT ' ^^^^
BESCJilPTlON
Tue i;outh 37.26 acres of Lot 2, and that portion of the bouthviest
•i.uarter and the East half of the Northwest .^luarter of Ejection l8.
Township Ii couth, >ian;.e ^ West, iian Bernardino Base ^nd Meridian,
in the County of Lan Diei^o, Statfl of California, according to United
t^tatea Government Purvey approved December 2?, 187O, lying Northerly
and V/eoteriy of a line described as followi.:
Bejjinnin^ at the North Quarter corner of said' Section I8; tnence' alonji
the North and South center line of said section t,outh 0°22^U7« West
12x0.16 feet to the TiiUE POINT OF BEGINNING; thence North 89«'37'i3"
Wpst 73.^2 feet; thence Louth 30<^36'i^" West, 1878.17-feet; tnence
bouth 39°55'li6" East 607.07 feet to the Northwesterly line of the
rig;il of way described in Deed to Ctate of California; recorded
Febraary 27; 19^0, Document No. 9862. pa^e 370 of BOOK 995 of
Official i.ecords; thence aloHii said right of way line South 50^23'30"
West 1^5.95 feet to'the westerly iine of said Lection I8. EXCEPTING '
thnrefro:n that portion of Lot 2 .and that portion of the Northwest
•".uarter of the faouthwest -Quarter of said Section I8 as deeded to the
yity of Lceanoide, recorded June ^, 1962, as document No. 9'^3^9 of "
C:-ricial hecords. -ALt.0 j:XCEPTIKG that portion of the North one-half
of the Southwest -quarter of said Section 16 lying southwesterly of'
the Nortneasterly line of a forty foot water drainage easement granted
to the City of Oceanside, September 20, I96I, as Document No. I63907
of Official Kecords. ALSO EXCEPTING that portion of the Northeast
Quarter of the Northeast -.Quarter of said Section I8, lying within
that porticn conveyed to the San Dlego Gas and Electric Company,
in that certain deed recorded Hay 31. 1962, as Document No. 92390
of Official ftecords. '
" EXHIBIT E"
PARCEL A- '- S02
That portion of Section 18, Township 11 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 December 27, 1870, described as follows:
Beginning at the point of intersection of the North and South center line of said
Section 18 with the Southeasterly line of the California State Highway XI-SD-I95-A
as described in easement deed to the State of California recorded in Book 995, page
370 of Official Records; thence Southwesterly along the Southeasterly line of said
State Highway a distance of 991.16 feet to the true point of beginning; thence South-
easterly, at right angles to the Southeasterly line of said State Highway a distance
of 340.00 feet; thence Southwesterly parallel with aaid Southeasterly line to the
Northeasterly line of the 100, DO foot strip of land as excepted in deed to Rex
McDaniel, et ux, recorded in Book 4647, page 358 of Official Recorda; thence
Northwesterly along said Northeasterly Une a distance of 340,00 feet, more or
leBB, to the Southeasterly line of said State Highway; thence Northeasterly along
said Southeasterly line to the true point of beginning*
' • • . . '*
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iD-"''-itfy .^f •'••hu. /) ff^, f'''''
yi^^At/^ jf^-i-^L, M^t^J.- tut yfC/^ly//-^ M*//I. t^...
^ :>./.*,.., I. .fa f-* !U> .{.fi^-/llA^At-i* .tf..fH.^. y.U*4e-U.f>r4 ft ^f.f Uif/iu,
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<• -fa /.ei/ I* -i-t'^^-/ft-
; •> 2A)
H. J. LtfUndt, Clork.
Statu or Dslll^ortilB, j lio.eiSl?
Count; of Las in^sUB)
I, H.J.L«land«, Coimty Clark ana »-offleio Cl«r>'. of the Superior Court
do harob; asrtll'y tha foragolnf to to a full, trus and eorraot oop7 of the origins!
Docroo of Distribution in (he mattoi of tho aotata of ^sliaj. Llnfilo?, doooaBod,
ths BBxo appear of rotiord, and tbat 1 nave oarefully oonpsrsd the eaue vith the
original.
In SltnesB IVliereof, 1 have hereunto set ay hand aiid affixed t>s Boal of
tho Superior Court, thie lOth. day of Feb.,IB13.
^ ^\ H. J. Lelande, County Cleric.
f Conjt, ^ B7 H. C. tlahtenbQrger.Sepaty Cleric.
'LOB MUgBlea ' i County, / \CBllfornla..'
Bsoorded at rvqueet of Paul J. Lindley, Feb. 13, 1913, at 64 min. paBt £ Coloalc -
^1^^, John H. Tarry, County .Heoorder.
By Harold imgier. Sopiity hoooxdei. roe;(E. ID
m
w
B
e
THIS ISHmi'SUBS, mads the £9th day of January, 1S13, .between SOOfE GpAST
LJUIIJ QOltSUiZ, a corporation, ae grantor, and C-. A. Cooflald, a nldower, of tho olty
BJI& county of LOB jLjigeleB, state of Qallfornla, as grantee.
SlIHBSSHTH:
That the grantor, for and In oonslderatlon of tlie em of Sen dollars
(£10.00) to it In hand paid t>y grentoe, the reoelpt of whlob SUM la heraby tuioonl-
edgad, does hereby grant to Bsld grantee sU that aarttln real pioparty situated,
in the county of San Dle^o, state of, California, deaoribed as followa, to-nlt;
In Seotlon Thirteen,(13) Ioirnabtp':21ereii 111) Sontta liange Fire f&]
TTsBt a.B-'lj Hortb Or*-helf ii) ef BsuthBaat Qucrtor '}) szO. Ssailantiit 5uai't«r Si)
of SontboBst Quartar H) except that pot;ion thereof iaoluded within the ilRht of
way conveyed to the olty of.Ooeanslde by deed feoorded in Book 179, page 19U of
Saeda, to the reaord whereof tafaienoe la hereby.nada Sos fuztbar partiaalara.
In Seoeion Taenty toor IZil Cawatfilp aiafan 111) Soatfa Kanffe rire
(S) West a.B.Ui Eaat oaa-half Ii) of fiortheaat ttw- qurtar ti) and that portion
of Northeast One-quarter Ii) of Boatbaaat One-vuirtar Ii) lyliig aatth of the old
oounty road leading from OOMiifiide iu Son fiaia Saj*
In Station Ilghtesn (Ifl) lownahlp Blaren llll aoath Range rour (4)
Hast a.u.Ui loot One-half (il Of lortbaaat Oaa-qnartar (Di tha south thltty-aaven
and twanty-slK oaa hundradthf (37.16) aorai of Lat t«o tO balne Ifl Boutfawaat
quartar ||) af jlertliwatt ofla qurtar iiiJ^ftlM Iflilth toa-balf i^i «|;8eftlon Klfhtaen
(18) I that part of lairthaaot ana^qurtll (i) of iMltM llf^taan (in) Iflnp South
of tha naln aounty rHdi
In Saotlofl llBoleai (II) lfiiUUJl,ll«M|i (XII inUb RBJV* Mar (4)
^•H^ a.B.Mi that portion of tote One U), Two f2) end Three (2) a/id thst portion
of the northeast (juarter d) of the Jlorihwaet Quarter (J) lying north of old oountj
road leadinp frora Ooeuiialde to oan Lulu itey.
In Section iieventeen fl7) Townehlp EloTan (ll) South i<ange Four 14)
Weet a.B.U; Southwest tiuarter H) of tha Horthiieat Uartor (•J).
In aactlon &lgl.t I8| lownahlp Eleven (11) tJouth huii^e Four (4)
Wast S.B.Ui aouthweal (joartar |-J) of i;ortlmeBt tjuartor northeast Quarter (J)
of Morthnest Quarter d); Thlrty-ono and Blxty-one hundrodtha (31.61) aores noro
or less In Bouthaaat Quarter of northwest Quarter known as Lot Two fa] j that part
of northwest Quartar Ii) of Sarth-oost (Juarter (i) lying South of tho San Lula Rey
River, twelve (12J aoroa more or lesa; that part of Southwest One i;uarter d) of
northeast Ono Quarter (il known ae lot Bight (8) and containing rwonty-nine and
nlnQ.tenths (B9.9) aores mora or lees, except from aald Lot Eight (8) a tract of
lana in the Southweat corner thereof conMyed by Jansa Ii. Brode;. to tho Protestant
Splsaopal Church of tho Dlocose of California, xsoorded In Book £06, page 410 of
DeodB, dasorlbad as followa: Iha Southwest Corner of Lot aight iB) Seotlon Eight
(6) TowaBh^p Zleven (U) South Kange Pour t4) Sast 8.B.-. The plot of land extends
one hundred and ninety (190) feet in en easterly direction frora aectloh line forming
tho Beet boundary of Lot Eight (8), oontalnlng One acre (1) more or lees. Also lot
Four (4) being thlrty-tno end eighty-five hundredths (SS.SS) aores more or leeo in
the Southeast Quartez of the Southwest Quaiiter. Also Lot Five (61 being ttrenty-one
t^Q hi;nSrBflthu (21.10) ocr?a tvcTc nr less in the SoutnWeBt (,aBrter of tee sic-UtH-
east Quarter.
In Seotlon Twenty (£0) Township Ten (10) South fiange Throe (3) Weet
S.a.ll: north One-half (i) of Hortheast one-quarter (^)i Southweat Quarter (i)
of northeast Quarter (i); Borth quarter H) of northweat Quarter (i) of Southeast
liuarter (i ).
In Section Twenty-one (Elt Township Ten (10} South Hange Three (3) Vest
S.B.U: north One-half (i) of Soithwest One-quarter (i); north one half^cf northeast
one-quortor•(i).
In Section Twenty (lO) Township lea (10) South j.an£e Three f3}^IVeBt d.B.Ht
?sst One-half (i) of Northweat Oae-quartsr ({); northwest (iusrtor Hi of Southweat
Quarter t^) i Southeast ^uartft^ H) of northwest (Quarter (i)>
In Seotlon nineteen (19) ^irnshlp Ten (10) South lianr^e Three t?.) Vest,
S.B.Sf; Sast One-half (i) of northaoat One-quarter (jt; Inrthanot one r^mttsx ii)
of aoutheaat Oae-quartap (i)j WoeS one-half (i) of flouthooat onQ-nuertor (J) of
Southeast Dne-qaarter (i)*
In Seotlon Thirty-two fSS) Townahlp Can (10) South honpe rwo (S) Saat
S.Bt^t Eaat one-half (i) of Soathwaat one-quarter (j); northwoet one-quarter (i)
of Southweat one-quartar (-3)*
In Section nilrty-one (77,)'Townahlp Ten (10) South Kaafe Two ts) Eaat
StS.Hi Kortheaat ooa-quaxtor (^} of Southeaat one-quartar Ii).
In aeatlon Slavsxi 111) Towoahlp San lio) South hange One II) UMt J.B.UJ
aouthiraat 0BB-4W.rtar fil of Horthwaat ona-quartar (j).
In Section Ten (10) Towiiahip Ian 110) South liangi One III last, S.B.it
South one-half (il of the UorthHat.ona-quaztar lotthweat one-quarter Ij) of
the Southeast onoqusrtar (il •
jti SeDiian thlrty-tbraa I3S| V^nitalp nine (9| seuth Baage one (1| iMt
a.n.Mi South one-half (#) of the louthwaat iBf-MMIla*: (ill uatith ene-Sall (il of
m
*<
B
•
o e r" »
e
e
a
the Southveet onr-quarter (i), '5
In Saetlon I'lve (6) Towaohlp Ten (10) South :'.anre One II) Coet S.B.U: ' IL
South ono-half_of the Southeast onerquarter (.=,); northweat one-ifUarter (i) of the ! 2u
SouthoBSt ona-quarter (i) ;northsaat ono-querter (7) of the Southjwest one-quarter 80
(•il .
in Section six (6) rownehip Ten (10) South r.ange One (1) 3ast S.i.Ji
Mprthffost one-quarter (J); ffeat ona-hnll' (i) of tho northooBt one-qusrtor 'fil; •
northweat one-quarter IJ) of tho Southeast ona-quarter (il: the north one-half of
lot Two (2) In the Southwest one-cuarter (41.
In Seotlon Flvo (C) Township Ton flOl South Range Ono (1) 3aet 3.B.U:
Baat one-half (i) of the northwest ono-quarter li).
In Seotlon nlno (9) Township Tsn (101 South Ernige One (1) Jtaet S.B.at :
north one-half (:) of the Southweat one-qusrter (-;]. '
In Seotlon Thirty-one (31) Township nine (9) South r^ge' One (1) Eaat
S.B.a; Sast one-hulf (i) Of the ilortheeot ona-quar^er (t); northeast ona-quertar
f-?) of the Southeaet one-qw^rter (i).
In Seotlon Thlrey-twd (3E)Townahlp nine (9) South l^nfo One (I) Eaot
S.B.:j: Veat cr.e-half (i) of the Southnest o.no-tiuarter (i); Souvheast one-quarter
f^-j of the Southwest one-quarter (•',); Seat one-half (i) of tbe Southsuet one-quart-
er (5).
Ir. ^ieotlon Ylve (S) TotR/:shlp Ten (10) South i-.ange Cns (I) £ast S.B.U:
St-;^ Jr.i- hi^lf (i) t-.o i ortlitest ocu tiuortsr iii i oouthcast ouo-tiUaiter ii) of •
the northeast one-quarter (i)t norlheast one-quarter (i) ef the Southeast one-
quorter (i). •
IC'Ssctlon Four (4) Township Ten llO) South >.anf-e One (1) Kaetf C.B.Llj
Southwest one-c.uartBr (i) of the northwest one-quarter Ii); Vest oae-h«lf til pf
the Southwest one-quarter (i).
In Seotlon nine (9} Township Ten (10.) South Hange One (1} Eaet S.B.U:
nort-hwest one-quarter (i) of the Uorttawest one-qparter (i).
ID Seotlon Two [£) Township Ten (10) South !Range One (1) Eaet S.B.'.!:
Southeast one-quarter (i) of the Southweat one-quartar Ii),
In Seotlon Blevan (11) Townahlp Tan' (10| South Bange One (1) East S.B.U:
Bast ono-^aH (i) of tha Sorthveet one-quuter (ilt Moxthwoat one-quarter (i) of
ths Uortfafiaat one-quarter (i).
In Se(>ti?R 9i.T (e) Townahlp Tsn [10| South iAUge Que (1) Sast S.B.itc.
EeBt one-half (i) of the Southwest oaa-'qUBrtar fi)}8ontbweat ona-quorter (i) of tha
Southeast one-quarter (i}| Southeast one-quarter (i) of tha SoutheaBt nne-ijuarter
(i).
In saotloa Thirty-one (all Towuship Ton (10] South jionge Two (fi) Baat
8.S.ki SouthasBt one-qu'trtei! (i) of tha ^u*tteraat one-quarter fil; Aorthaaet ona-
quarter Ii) of the Southwest ons-quorter ,'i|) South ona-halfiOf tha Bortheatt one-
quartar (41.
ID Seotlon Shlrty-ona (311 lowolhlp Una (9) South hange Two (£) Waat
S.B.Mt Vest ona-half (i) of tho flast ena-half (i|.
In Qsotlon Thirty-two [3£1 Townahlp Rlst (0) South iiuga ri>o (g) .veat
••B.Hi north ona-half (i) of tho Southwoot oua-quartar Iii; Voat ijra [B| acres of
the Uortihiiait OBO'qauvar (il of the Boathiait ona-quartar f-J).
/ In ilBofelofl Twantr-aavan IIT) fovBOhlp Una (») douth iiange Two (B| waat
l.liHi Aatttjnraat aoa-qurlar fi) at tha lautkvaat aaa-quBTiar Ii).
In SectiOB Twenty-flight (tS) Townahlp aia« Ip) South iiaar* two (S)
•Jaat S.B.M; aouth one-half (•) of the 8outh«sst one-qurtor (i)j South one-half
(H of the Southwest one-quarter (iJ; northwest ont-quarter (i) of the Southweat
one-quarter (i).
In Seotlon thirty-three (33) Townahlp nine (9) South Range Two (8)
Heat S.B.aiHorth oao-half (i) of th-^ Herttnraat one-quarter (iJi north ona-haif -
(il of tha northeast ona-quartar H).
In aaotlon Thirty-two ,'3E) Township nine (9) South Konge Two (£) Wast
S.B.HJ Bast ono-half.of the Korthaaat one-quarter (i).
In Soot Ion Thirty-two (32) townahlp Sine (9) South Range Two (8) Kest
S.B.«i Southweat one-quartar (i) of the northeast ona-quarter di; that part of .
northwest one-qnartar li) of tho northeast ene-quarter (i) lying aouth of following
linp: Beginning at 'tha Southwest oorner of tha northwest one-quarter (i) of the
northeast ona-qaartar (4); thenoe north forty-five f4fi) degreee East twenty and
twenty-four one-hundradths (B0.E4J chains to a point two and thirty-lour one-
hundredths (2.34) ohslns Bast of Southwest oornat of Hayes Trootj thenoe Sast to
East line of Borthweat one-quarter (il of northeast one-quarter (i).
In Section Thlrty-twc (BE) Township nine (9) South Bange Two it) Weat
S.B.H: northooet ono-quarter (i) of tha Southeast one-quartet (i); northwest
one-quartai (J) of the Southeaat one-quarter (f) exospt fire (6) aores on,west
side thereof formerly owned'hy ?as. lolb.
la Scctioa -flility-onB i3ll Township Mine (9) South .-^ge Two |£) tjeot
S.B.W: Southeaat ono-qnartar (i) of^the Bouthonst one-quarter (i).
In Section Thirty-two (3E1 Townahlp ffine (9) South Haage Two (2) ffeat
3.B.K: South one-half (i) of tha Southwest one-quarter (i); Southwest one-fquarter .
ti) of the Southeaat one-quarter (il.
In Se.itlon Six (6) Township Ten (10) South itsngo Two(8) Test a.B.a:
northeast one-quartar (i) of the Hortheast one-quarter (4).
In Section ?lve IS) lawnahlp Tea (10) South Hange Two [£| Vest S.B.K:
north one-half (i) of the Borthweat one-quarte* (il.
In Seotlon Twonty-fiva (EE) Townohlp Thirteen (15) S'juth jtange Three
(3) ffeat S.B.a: Vsat One-half (J) of the Borthweat one-quartar (i); Sonthaast ona-
quarter (41 of tho Borthweat Dne-quarter (il; Horthnsst one-quarter (41 af tho
Southwest one-quartar (i).
Srantor axpTeSSl; rsservea, axuepis and retains unto itself, its BUOCOSB-.
ore or aBslgns;'
(1) rrom auoh of the abovo dasorlbad propertlea as are located lo
jeotlooB Thirty-one (31) and Thirty-two (38), Townohlp Bine (9| South iionge Ono (1|
Bast a.B.ll., and in Seotlona fonr (41 and Vira (S) and nine («), Townahlp Ten (10)
South Range one (1) Boat S.B.H( • ilto r<ir a dim to be heroaftar oonatruotad. aoroaa
poano Valley at or naar lta wsatara oxtreiolty at aueh point oa nay ha deemed prnotlaable
by the buildari theraof, togathar vlth a raaarTolr alta to ha aotaprlaed of all tha
Innda whloh will, nay « atn bo tloedad fcf or through tho oonatruotion of tha
abon-mintlonad Umi torathar, farther, with OUT and all rlghta of way nooaiaary
01 oonvenlant for aonduHi, flunai and dltahaa for aenduoblng owny the waters ao
raoervcirid, and tha'rlght «o lUlntilo said sandtlita, flumei., and dltahaa ftjid to
enter uti aald landa for th* plrpoae of ropalrlaii; «ba aaoe and for doing aoy ajid all
thlRfB naoiiBary at aoarrtAlaal ku ba doM for tha uijitaiiudi and operattoti ef aald
dnin, roanrrolr, dondulfei, dltohia and ^^'^^ tHf rtefet of tatiitKt «e
^1
n
o
and egreee frsai aald lands at all tloes; together, farther, with a tract of one (i)
aore lylnp outside of aald reservoir alte at a location to te deteralnad by tha
grantor, Ita suooaesora or asilgoa, reasonably praotleable end oonvanlent for the
purpoee of oonotructlnir and (ulntainlng a house or houaee for ptracne eraployad in
or about the oraration of aitld dam, reservoir, oonduita, dltobes and fluaee.
.„ (2) The right to enter upon the Baat ono-Balf (i) of tbe north-
weat one-quarter (i) and tho flortheost ona-quarter Ii) of the Southwest one-quarter
(4) of Bootion Eighteen (18), Township Bleren (11), South of i;enge Tour (4) Wast
S.B.M., for the purpose of drllllDg wella and davelopiag water thereon, end for
the purpoB* of erecting s pumplng-plan.* or plsnta, laying and oonstructlng plpo-
llneB and conduits euffloleatly large to pomp and carry and conduct away to other •
lands within or wlthdut tha Ssn Luis Boy wstor-sbad 600 miners Inohes of water.
and for the purpose of doinfr eny and nil' things aeoeasary or convenient for the
malntenaaoe, oparatlon and repair thereof; ond all lands, rights of way and rlghta
of Ingroas end egroaa naoassary or eonvenlent for the above purpoaoB are hereby l •*
O
expressly excepted, raaerved and retained unto said grantor, its suooeasora, or
,. BBBlgns, frora the above last Liantlonod prenlses, and frora any other of the landa
oonvoyed herely which said pipe lllias or oondultB 010.7 orofle. nnd if ssld jrantcr
i!B BucoeBsors or asalgns for any reason at any time should find It impcasihlo
or Impraotioable to dovelop BoO miners inohOB of watar upon the premises lost here-
inabove do8orltefl,,then and in that event the grantor, ita suooeesors or asalgns,
Tn7 entar -.ipoa uay oS the cih.sr cur.Ts^ci by thl6 luatruioont that lie wast
of the east boundary Une or its extension of Section 8, Townshlr 11 South, Ban^e
4 wast, S.B.!!.. for tho purpooa of developing said amount of water, and all lends
and rights of way of every deaoriptlon lo this paragraph mentioned as being reserv-
ed as to the property last Horelnatcve particularly deserlbad are also exprejisly
excepted, reflervad end retained unto said grantor ita suocesoors and aealgno, from
any other of t^:o lands oonveysd by this inatrunient as may bo oaoasssiy or oonvanlent
lor Bald purpoooB; and aald grantor further expreaely oxoepts, reserves and retoiua
Unto itaelf. ite sucaessors or assignB, any and all water sod water clghta of
over^ nature and dasnxlptlon whatBOover appurtanaat to .ue lands In thie paragraph
epeolfloally descrlbBd, aueh oxoeptlon and raaorvatloa, however, to be limited to
the devdloprnant, use or oonflBOtlag away by aald grantor o3 not to exceed ECO miners
inches of water, and In particular the grantor,for iteelf, lis euooeeaora or aeslgna,
exoepfce,.ressrves and retains eny and all water rightu whiah may lo aoquired by the
grantor herein, by or through that oertain deed dated January e9th. 1913, wherein.
Charles E. culver is tho transferor and tho grantor • herolr. tho trnneferee.
(i) i iitfiii way, hereby reaarvodi axoeptsd and retained by and
for the grantor. Its suoooasors or aaslgns, fifty faat In width over and aoroaa aaid
propartlas oonveytd by thla Inatrumsnt for a tailtond, It being undaretood that
BO
auoh railroad right of way will bo Joaatad apon sail landa aa to daaago aald prop-
ertlea aa little ai posalbla, aald tallroad to ba oonatruotad ovar and aoroaa said
landa within fir« yesra froa the data hereof, It being axpraaoly tuaiiitood and.
agraad that if uuld railroad la not 10 oeutrootad within aald five years, nald
railroad right of way hsralnabora prorljad fei ahall ttralatte and ahall be oonaid-
arad null and veld and tha landa hereby tmaptad, reaarvad and rattlnad for suoh
right of way ahall rarart without nntiije to tha granteo haralv, hla Heirs, exeoutoro,
•dfllniotratorfl and aailgna.
niB oomt^JMi 11 ua nti.iot toi
(1) The aeccnd Inetallnant of State and County tazea for the fiaoal
year 19li--l913, which the grantee aaauaas and agraea to p«y;
(e) A leaee to Buaaell Brothera, aspiring BoraiAaj I, 191C, (unless
eEjrllsr terminated pursuant to the terue tbareof), aa to the followlnp-deaoribed
lands; ia to those lands lying In Sections Thirteen (13) and Twenty-four (£4), .
Township Elevas (11) South Pangs Five (Gl Vest 3.S.U. and In Seotlona Seventeen
[17} Eighteen (18) and Bincteon (19) TonnBhlp Eleven (11) South hange Four (4)
Vest S.B.:A.
(3) Lease to Simon Abllei, expiring Hovembtr I, 191S. (unless earlier
terminated pursuant to the taruie thereof), oa to the followlng-deacrlbed lands;
Those lands lying In the Soitherly ona-half (i) cf Seotlon Sight (S) Township -
Eleven (ll) South Bange Four (4) Rest 3.B.U.
(41 Leaea to £. B< Bichmond, expiring Boveaber 1, 1915, (unless earlier
terminate;^ pursuant to the tarms thereof), as to the foilowlng-desorlbsd lands:
Those lands lying in tiecti-on nineteen (19) and in the Westerly one-half of Seotlon
Twenty (20) of Township Sen (10) South fiange Three (3) rest S.B.ll.
(8) Lease to B. B. Hlgglns, expiring I'aoanlbsr 31, 1913,(nsleBs earlier
tarmioated purauant to the termo thereof), as to the foUowliig-desorlbed lands;
Tho -outh one-half (i) of the Southaost oni-qunrter (i)( the northwest one-qusrtar
(4) of tha SoQtbeefit one-quarter (41; the northoaat one-quarter li) cf the Southwest
one-quartar (i) of Section Five 16) Tonnehip Ten (10) flouth Bongo One (11 East 3. B.U.
(6) Leaso to 3. 3. Higgina, oxplrln/. ^jtober 21, 1913, (unless earlier
terminated pursuant to the terms thereof), as tu the following-desorlbed lands: The
west one-hslf (^ of the northeast one-quarter 141: the Weat one.balf_of the Soath-
ooat ono-quorter (i), and tho Southeast ona-quarter (i) Of the Southeast one-quarter
fi) of Section thirty-one (al) Townahlp Bine (9) South honge Two (2) ,7oot S.fl.jl.
Also Lot one (1) in Aaotlon Six (6) and lotB One (1) end Two (B) in Saelion Five
(B), ToraiBhlp Ten (10) South Bange Two (B) ifesti the Southweat one-quarter (41 .
end the ITeat one-half (i) pf tha Southeast one-quarter (4) of Section Thirty-two
(3E) Township Bine (91 South Bongo Two (2) Vest 3.B.U. i Six hundred and five (608)
acres more or lasa In SoDtlons Twenty-aevea (E7I, Twanty-eighv (29), Thirty-two (^2),
and Thirty-three (33), Township Bine (9) South ."{onge STiio (2) iVaat S.B.U., known as
the lladlson Smith plaoe.
(7) Laaas to U. A. Btookwell expiring Horanber 1, 1913, (ilnleaa aarller
termlnatad pursuant to tha tarma thereof), as to the following-deseribed lands:
Tho Southeast one-quarter (4) of the Borthweat one-quortsr (4); the north one-half
(i) of the Horthwaat one-quarter (i) and the Borthwaet one-qniiHrar ffl of th* South-
west one-quartar (il ef Seotlon Twentr-flve (Sfl) Townahlp Thirteen (13) South Kongo
. Three (S) ITeat 3, B. U.
' (S| Certain existing eaaamenta of rlghta of way na grantad^tO'the City
of OoecinBlda, a BtuilolpaL oorporatlon, and oartaln exlBtlng aasaaenta of rlfhta
cf way for puhllo roada aa gra&taA to aaid eonntjr of den l^ltgo, and aubjaot to any
oxiotlng dltoh rlfhta in, over oz IOESM aald propeitlaa horaln oonvoyed,
?rorldod, howaror, that tbla oonrajanoa la mado and aaeaptad on aaoh,
of ths following oendttloaa, wblah are hereby nado oovananta rannlm; ';iith tha land,
and whlob ahaU applyto tad be oade bladluf apeo the frantae, hla halra, daTlaiaa,
exeatttora, adBlnlatralofi and Mat|i)i, nanalyi
(1) It la axpreiialr nniatfteed aad agraod that watar ahall net be
daveioped on the load hareb/ grtatad if tha Mf Mn, mcaaaers, aaalini
m
m
B
a
a
(4-
or trsnsfareoB by artealen or surfaas wella, or otbeiwlaa, to ta uaad an ether
lande,'or In exoeis of the requlreaente of the londe hereby graatad, for Irriga-
tion, domaatlo and stoc purpoaea; end If suoh derelopsent Is made by aald grantee,
01 by any other piraoii, then exid In that ooaa the amount pf water daraioped In
ezOBSS of tha requlramenta deacrlbed in thla agreemont ahall tacome the property
of aald grantor, its sueoaaaora or aesignB, and may be Bold, leaead or oonveyed
to other lAnds lor ealo, loaae or use. *And the aald grantor raeerves, exoepte
and retains for iteelf, its auaoesscrs and saslgnB all.rights of way for laying'
and maintaining pipes, pipe llnsB and aoquodnots over and aoross'lsold premises
which now or at say time hereof ter may ba reaeohably required to enable sold grantor,
its suooesBorB or assigns, to tske, oollsot, carry and oenduet said ezaesa or sur-
pluewaters to other lands, or to enableeald grantor Its aacoeesors or assigns
to inspect, repair and replace, or altar, maintain, enjoy and oontrol said pipe
ll/iee and eoqueduots; but nothing in thie paragraph ccntained is to he construed,
as prohibiting or preventing the grantee frooi developing and using-all the
water necassary for Irrigation, domeetio and stook pu,rpoaeB oi. the landa hereby,
oonvoyed.
mi And said grantor also reserves, exoepte ani. retains for itealf,
its Bucooseora ani aaslgna, all t'ns water, both aurl'aoe and aubterranean, of the
SBQ lulB Bey rlvar and Its tributaries above the inte.aBctlon of the eaid San Luis
Rey river i^ith tha western boundsry of tha llonsat.ate jtonohj TOGETHEh with tbe
righr to corsTruot, aait.'ie'ir. sul aynubii u cita at inatt across or :n uaid river
or said tributaries or either or any of theia, and Impound and reservoir the watere
thereof, both surfaoe, sub-aurfaoe, atorm and ordinary flow; ALSO tne right to
develop natars upon the lands now belonging to or hereafter acquired by tha grantor
ite suoceBBorc or ssslgns above Bald point of intarseetibn, either by tunnels or
wells, f7itb the right to Install end operate pumping plants thereon; and the right
to divert, leni and conduct away all, or any part, of said waters,at .any or all
Buch point or rolnte to plsoea within or without said water-ahed of the Sen Lule
Key river, as the grantor. Its Guooessora or BBslfrna may eleotj^/^
i;; 'YITIISSS Ti^EBEOF the grontor has exeouted this inatrument on the dny
and yoor first hereinabove written.
South Coast Land Company,
By H. 7. EaUer, fxealdent.
And r. ii. Tollo, Soeretaxy.
fiuth 'v
rcoost land \ Oompeny, i CalifornJe,
InaorporataC Feb.23,1908/
State of CnllfornlA. ) • I 8S.
Oouuty of Lot AQgelSi)
On thla Slat day of January, In tho paur nineteen hundred and 13, before
ue, Ulllloent Barll, a Notary Publlo In and for the aald County of Iioa Angeles..
State of Oeliforniai residing therein,- duly oammlBBloned and aworn, rt-raonalLy
appeared ti. V, I^allar known to nw te be the Frialdant and f, H. lDlla,knaTn to ms
to be tha SeorstDry of the Bottth Ooait Iiond aoniiany, _ Oorporatlon that axeoutad
tbe within Inatruntnt, knomi to na te ba tha parafrna who axaoutcS tha within In-
atturasnt, on behalf ei tha Ouirpeiitida therein (iMtdf and aouiowled^ad to no th|t
auoh Oorporatlon oxoeuted the lanet
ID vritaoBa Vhereef, I hare harennte ait ny ha^d and affixed my offlo-
il^l aaal the day ir,a year In thla oertlfloato first abovu written.
if
1
as
n e
HlUlcent Etrll,
notary I-ubllc In and for said Coui.ty o'.
Los Angeles, State of California.
Recorded et reouest of J. :i. Danzlger, Feb. 13. 19U', at E7 mln. post 3 O'oUol: P.H-
7ohn U. Ferry, County heoorder.
By Harold An^'lsr, Ceputy i-iacorder.
Fee;iB.O''
m
e
ffeatern Investment Oompaay of San Dlego, e Corporation, duly orgonleed
and Bxieting uader tho laws ol the State of Callfornlo, and having ita princlpol
piece Of buBlaBBB at Sac Diego, California, purauant to a reaolutlon of Ite Board
of directors, which aaiS resolution ia ot record In the County Beoorder's office
of Han Plcgo county,and in oonoideratioa of tho sua or Ten (10) DolUro,
Dooa Hereby Grant to -gnoa c. Ells
All that Heal Froperty altuated In the City of San Llego, County or San
Ciego. State of Callfornlc,.tcanded end described BB follcwo, *o-Tjtr
Icte Seventeen (17) and ElghtBoa (IS) In Blook Ona ilundred Sixty-
two (162) of University Holghta,oecordlng to the amended mop thereof lacde by
G. A. d'S-noooart. whloh said mar ia duly roeordBd in the office o; the County
RoQorder of aald County, In Book 8 of Lis Pendens, at Page 36 et seq.
To Have end To Hold tho ofcove granted and desoribod premlsoa unto tha
aald gtcntee, hei heirs and assigns forever. '
Provided Always, ond this ocnvoyanoe iB made upon-the ezproSB oondltlon
tO-wlt;
That said Srantee, har hairs or aBBlgns, ehollnoi at any time manufaoture,
Bell or dispose of, to be used as a beverage, any Intoxicating liquors oi any kind,
dletllled or formented, or permit the sane to be done In any place of publlo xeoort
upon Bold land.
AOi u i& iixproBBly Agroed; that in ease the foregoing oonditlonB, or
any thereof, he broken by the erantao, her heirs or assigns, or legal rapresentatlvee,
thip nonveyes'Ts shall bsocsia aali and void, and tho title to tho premlsas herein
oonvoyed ahall revert to the grantor,and the aald grantor. Its legal repreaentatlvaB
or aBBlgns, shall have ths right teo re-enter upon and posaaBV sold premlaoa with
their prlvllogoB and appurtananoes, and "hold the Bams forever.
In •flitneas Whereof, the said corporation has eaused thesn proBontQ toba
Bubsoribed by its Tloe Prealdont and Beoretary ant) Ite oorporate seal to,be affixed
thlo 4th flay of February, 1913.
Hestsrn InvaatmstJt Oonpaiiy ol San I<logo,
lliTaatnient A fly a. 1. Qrahnn, Vloo Praaldanl.
7 Bu biiitQ, 9 Attaat! Oao. ii, laatan, Uearetary.
J WOT.
n o
pa^f/o'tj 'f sec. fa,f//s~g«tv,j..%i^
.i:.^, ^oruGfer -fassoc.
s.7_^ M..-, ..... ^^^^^ ^. ,
AGREEMENT TO EXCHANGE
This Agreement is entered Into this CH5?^ day of
^^^^^^<3<0 , 198? by and between the City of Carlsbad,
hereinafter referred to as "CITy" and Robert C. Siegel and John
M. Siegel, hereinafter collectively referred to as the
"SIEGELS."
RECITALS
1. On March 11, 1964 the City and the Siegels'
predecessors in interest entered Into an agreement to exchange
certain property rights. A copy of the agreement to exchange is
attached hereto and is incorporated into this document by this
reference.
2. Robert C. Siegel and John M. Siegel are the
successors in interest to the property interests owned by the
various owners referred to in the March 11, 1964 agreement to
exchange,
3. The March 11, 1964 agreement is effective for a term
of 25 years and will expire on March 11, 1989. The exchange
obligations established by that agreement are executory on the
date of this agreement and the parties anticipate will be
executory on March ll, 1989. The parties agree that the facts
and conditions concerning the need to make certain the various
property rights of the parties as stated in the March 11, 1964
agreenient continue to exist. The parties agree that it is in
their mutual best interest to continue the terms and conditions
of the March 11, 1964 agreement for an additional 25 years until
March 11, 2014.
4. The "City" and "Siegels" have exhausted their
resources in attempting to locate Mr. E. F. Dibble referred to
paragraph Il(c) of the March 11, 1964 Agreement and agree that
Exhibit E constitutes the exact legal description to be approved
by Mr. E, F, Dibble and the Siegels waive any and all rights to
amend, vary or alter said exact legal description as set forth
in Exhibit E,
NOW, THEREFORE, in consideration of the recitals and the
mutual covenants contained herein the City and Owners agree that
the rights, duties and obligations of the City and of the Owners'
predecessors in interest as stated in the March 11, 1964
agreement to exchange shall be fully binding on the City and on
Robert C. and John M. Siegel. The parties further agree that the
provisions of this agreement shall expire on March 11, 2014
unless prior to that date all of the terms and conditions of the
March 11, 1964 agreement have been fulfilled.
This Agreement shall be binding upon and shall Inure to
the benefit of the successors in interest of the parties and
shall run with the land as described in the March 11, 1964
agreement to exchange.
Page 2 of 3
Any notices required under this agreement shall be
addressed as follows:
If to the City: city Manager .
1200 Elm Avenue
Carlsbad, California 92008
If to the Siegels: Robert C. and John H, Siegel
503 Vista Bella Drive, #9
Oceanside, California 92056
IN WITNESS WHEREOF, the parties hereto have executed
this Agreement on the day and year first above written.
CITY OF CARLSBAD
A Municipal Corporation of the
State of California
ATTEST:
ALETHA L. RAUTENKRANZ, CityCiprk
ROBERT C, AND JOHN M. SIEGEL
(NOTARIAL ACKN0WLEDGEMEN't<5F EXECUTION MUST BE ATTACHED)
VlNOff^T F, BIONDO, JR., CITY fiXpmSt
BY
ftONAtP R. BALL
VINCENT F. BIONDO, JR., city Attorney
Page 3 of 3
•si
Individual AcKnowledgmant
STATE OF CALIFORNIA
COUNTY QF San D1_,„
on lh(s Jlth cay ot January ' , ,n yean9_8I, before me, .he undersloned. a Notan. Public In
and for said couniy and siaie. personally appeared Robert C. Siegel and John M. Siegel
ego } 5s.
personally known to me <or proved to me on the basis of satisfactory evidence) to be the
whose name are
person
subscribed lo Ihls Instrument and ocknowledoed that thev executed It.
WITNESS my hand and off Iciat leal,
"TP/.
TV c
Notary Public in and for said County and State
Notary Seal
IT? ^^Wy • - •''''-•^'^'^ i
Commonwealth
Commonwealth Land Title Company
3131 Camino del Rio N., #1400
San Diego, CA 92108
Phone: (619) 686-6000
Buchanan IngersoU & Rooney PC
707 Broadway, Suite 800
San Diego, California 92101
Attn: Jerri L. i-ioward
Our File No: 4610913A - 54
Title Officer: Linda Slavik
Phone No: 619-686-2192
Fax No: 619-725-3248
lslavik@landam.com
Your Reference: Siegel
Property Address: Foussat Street, Oceanside, California
PRELIMINARY REPORT
Dated as of February 13, 2008 at 7:30 a.m.
In response to the above referenced application for a policy of title Insurance, Commonwealth Land
Title Company hereby reports that It is prepared to issue, or cause to be issued, as of the date hereof,
a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter
set forth. Insuring against loss which may be sustained by reason of any defect, lien or encumbrance
not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed
Schedules, Conditions and Stipulations of said policy forms.
The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said
Policy or Policies are set forth in Exhibit B attached. The policy to be issued may contain.an
arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause,
all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the
exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA
Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar
Limit of Liability for certain coverages are also set forth in Exhibit B. Copies of the Policy forms should
be read. They are available from the office which issued this report.
Please read the exceptions shown or referred to below and the exceptions and exclusions
set forth in Exhibit B of this report carefully. The exceptions and exclusions are meant to
provide you with notice of matters which are not covered under the terms of the title
insurance policy and should be carefully considered. It is important to note that this
preliminary report is not a written representation as to the condition of title and may not
list all //ens, defects, and encumbrances affecting title to the land.
This report (and any supplements or amendments hereto) is issued solely for the purpose of
facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired
that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment
should be requested.
CLTA Preliminary Report (Revised 11-17-06)
Page 1
File No: 4610913A
SCHEDULE A
The form of policy of title insurance contemplated by this report is:
PRELIMINARY REPORT
The estate or interest In the land hereinafter described or referred to covered by this report is:
A FEE
Title to said estate or interest at the date hereof Is vested In:
John M. Siegel, a married man as his separate property; as to an undivided one-half
interest and
Robert C. Siegel, a single man, as to an undivided one-half interest, as tenants in common,
as to a portion and
John M. Siegel and Robert C. Siegel, each as to an undivided one-half interest, as to the
remainder
The land referred to herein is situated in the County of San Diego, State of California, and is described
as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
Page 2
File No: 4610913A
EXHIBIT "A"
All that certain real property situated in the County of San Diego, State of
California, described as follows:
PARCEL 1 (Permanent Easement):
That portion of the Northwest Quarter of Section 18, Township 11 South, Range
4 West, San Bernardino Meridian, in the City of Oceanside, County of San.Diego,
State of California, according to United States Government Survey, approved
December 27, 1870, as shown on Record of Survey No. 15379, recorded in the
Office of the County Recorder of said County, as File No. 1996-625030, recorded
December 13, 1996, described as follows:
Commencing at the intersection of the Westerly line of land described in Deed to
San Diego Gas & Electric Company, recorded May 31, 1962 as File No. 92390 of
Official Records and the Southerly toe of levee of San Luis Rey River Flood
Control Project as shown on Sheet 3 of 8 Sheets of said Record of Survey No.
15379; thence along said Southerly toe of levee South 88°37'31" West 372.79
feet to a line parallel and concentric with, and 20.00 feet Easterly of the Easterly
line of Parcel 3 as described in Final Order of Condemnation, recorded December
15, 1993 as File No. 1993-0844957 of Official Records and the True Point of
Beginning; thence along said parallel and concentric line South 03°47'45" East
250.09 feet; thence South 04°27'50''' East 240,83 feet to a point on a 1434.06
foot radius curve, concave Westerly; thence Southerly along said curve through a
central angle of 32°50'51" a distance of 822.14 feet; thence leaving said parallel
and concentric line non-tangent to said curve South 06°43'52" West 151.83 feet;
thence South 45°26'03" West 238.49 feet to the Northeasterly right-of-way line
of Foussat Street as described in Deed to the City of Oceanside, recorded
February 4, 1974 as File No. 74-029101 of Official Records; thence along said
right-of-way North 41°21'15" West 60.65 feet to the most Southerly corner of
Parcel 2 as described in Final Order of Condemnation, recorded December 15,
1993 as File No. 1993-0844957 of Official Records; thence along the
Southeasterly line of said Parcel 2 North 39°19'55" East 82.87 feet to a point on
a 1404.56 foot radius curve, concave Westerly; thence Northeasterly along said
curve through a central angle of 2°58'il" a distance of 72.80 feet to the most
Westerly corner ofsaid Parcel 3 as described in said Final Order of
Condemnation; thence along the Southwesterly, Southeasterly and Easterly line
ofsaid Parcel 3 South 54°02'45" East 12.00 feet; thence North 35°57'15" East
20.00 feet; thence North 54°02'45" West 2.50 feet to a point on a non-tangent
1414.06 foot radius curve, concave Westerly, a radial from said point bears
North 54°27'03" West; thence Northerly along said curve through a central angle
of 40°00'46" a distance of 987.52 feet; thence North 04°27'49" West 241.06
feet; thence North 03°47'45" West 250.93 feet to said Southerly toe of levee;
thence leaving said Easterly line of Parcel 3 along said Southerly toe of levee
North 88"37'31" East 20.02 feet to the True Point of Beginning.
Page 3
File No:, 4610913A
PARCEL 2 (Temporary Easement)
That portion of the Northwest Quarter of Section 18, Township 11 South, Range
4 West, San Bernardino Meridian, in the City of Oceanside, County of San Diego,
State of California, according to United States Government Survey approved
December 27, 1870, as shown on Record of Survey No. 15379, recorded in the
Office of the County Recorder of said County, as File No. 1996-625030, recorded
December 13, 1996, described as follows:
Commencing at the intersection of the Westerly line of land described in Deed to
San Diego Gas & Electric Company, recorded May 31, 1962 as File No. 92390 of
Official Records and the Southerly toe of levee of San Luis Rey River Flood
Control Project as shown on Sheet 3 of 8 Sheets of said Record of Survey No.
15379; thence along said Southerly toe of levee South 88°37'31" West 347.77
feet to a line parallel and concentric with, and 25.00 feet Easterly of, the Easterly
line of Parcel 1 described hereinabove and the True Point of Beginning; thence
along said parallel and concentric line South 03°47'45" East 248.77 feet; thence
South 04°27'49" East 240.80 feet to a point on a 1459.06 foot radius curve,
concave Westerly; thence Southerly along said curve through a central angle of
33m'21" a distance of 845.18 feet to a line parallel with and 20.00 feet Easterly
of the said Easterly line of Parcel 1 described herein above; thence along said
parallel line non-tangent to said curve South 06°43'52" West 141.54 feet to a
line parallel with and 20.00 feet Southeasterly of the said Easterly line of Parcel 1
described above; thence along said parallel line South 45°26'03" West 246.68
feet to the Northeasterly right-of-way line of Foussat Street as described in Deed
to the City of Oceanside, recorded February 4, 1974 as File No. 74-029101 of
Official Records, and a point on a non-tangent 1030.00 foot radius curve,
concave Southwesterly, a radial from said point bears South 49°12'05" West;
thence Northwesterly along said curve and said right-of-way through a central
angle of 0°33'21" a distance of 9.99 feet; thence continuing along said right-of-
way North 41°21'15" West 10.04 feet to the most Southerly corner of Parcel 1
described hereinabove; thence along the Southeasterly and Easterly line ofsaid
Parcel 1 North 45°26'03" East 238.49 feet; thence North 06°43'52" East 151.83
feet to a point on a non-tangent 1434.06 foot radius curve, concave Westerly, a
radial from said point bears North 61°36'58" West; thence Northerly along said
curve through a central angle of 32°50'51" a distance of 822.14 feet; thence
North 04°27'50" West 240.83 feet; thence North 03°47'45" West 250.09 feet to
said Southerly toe of levee; thence leaving said Easterly line of Parcel 1 along
said Southerly toe of levee North 88°37'31" East 25.02 feet to the True Point of
Beginning.
Assessor's Parcel Number: 160-280-48, 49, 50 & 51
Page 4
File No: 4610913A
SCHEDULE B - Section A
The following exceptions will appear in policies when providing standard coverage as outlined
below:
1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing
authority that levies taxes or assessments on real property or by the Public Records; (b)
proceedings by a public agency that may result in taxes or assessments, or notices of such
proceedings, whether or not shown by the records of such agency or by the Public Records.
2. Any facts, rights, interests or claims that are not shown by the Public Records but that could
be ascertained by an inspection of the Land or that may asserted by persons in possession of
the Land.
3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
4. Any encroachment, encumbrance, violation, variation or adverse circumstance affecting the
Title that would be disclosed by an accurate and complete land survey of the Land and not
shown by the Public Records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing
the issuance thereof; (c) water rights, claims or title to water, whether or not the matters
excepted under (a), (b) or (c) are shown by the Public Records.
Page 5
File No: 4610913A
SCHEDULE B - Section B
At the date hereof Exceptions to coverage in addition to the printed exceptions and exclusions in
said policy form would be as follows:
A. Property taxes, including general and special taxes, personal property taxes, if any, and any
assessments collected with taxes, to be levied for the fiscal year 2008 - 2009 which are a lien
not yet payable.
B. Supplemental or escaped assessments of property taxes, If any, assessed pursuant to the
Revenue and Taxation Code of the State of California,
1. Water rights, claims or title to water, whether or not shown by the public records.
2. An easement in favor of the public over any existing roads lying within said land.
3. Covenants, conditions and restrictions as set forth in the document
Recorded: February 16, 1910 in Book 480, Page 424 of Deeds
This exception omits any covenant, condition or restriction based on'race, color, religion, sex,
handicap, familial status or national origin, unless and only to the extent that the covenant,
condition or restriction (a) is not in violation of state or federal law, (b) is exempt under 42
U.S.C; Section 3607 or (c) relates to a handicap but does not discriminate against handicapped
people.
Said matter affects Parcel 2.
4. Covenants, conditions and restrictions as set forth in the document
Recorded: February 13, 1913 in Book 597, Page 210 of Deeds
This exception omits any covenant, condition or restriction based on race, color, religion, sex,
handicap, familial status or national origin, unless and only to the extent that the covenant,
condition or restriction (a) is not in violation of state or federal law, (b) is exempt under 42
U.S.C. Section 3607 or (c) relates to a handicap but does not discriminate against handicapped
people.
Said matter affects Parcels 1 and 3.
Page 6
File No; 4610913A
5. An easement for the purpose shown below and rights incidental thereto as set forth in a
document
Granted to: San Diego Gas & Electric Company
Purpose: Public utilities
Recorded: January 14, 1947 in Book 2324, Page 203 of Official Records
Affects: The location of said easement is set forth In said document.
Said matter affects Parcel 1.
6. A Record of Survey Map purporting to show various boundaries and dimensions of said land.
Map No.: 3211
7. An action commenced November 3, 1953, entitled San Luis Rey Water Conservation District,
Walter Johnson and Virginia Johnson, et al, vs. Carlsbad Mutual Water Company, and fictitious
parties, for declaratory relief and injunction. Case No. 184855, Superior Court of San Diego
County, the petition in said action asks for a judgment.
1. "Declaring and defining the rights and duties of plaintiffs on one hand defendants, and each
of them on the other, with regard to the extraction and use of water from the river and the
basin" (San Luis Rey river and Mission Basin).
2. "Enjoining and restraining defendants and each of them from pumping, extracting,
removing, or exporting water from the basin unless the water level in their wells is higher
than 10 feet above sea level."
Affects the herein-described land and other land.
Page 7
File No: 4610913A
An action affecting the East Half of Northwest Quarter and Northeast Quarter of Southwest
Quarter of Section 18, Township 11 South, Range 4 West,; San Bernardino Base and Meridian,
commenced January 8, 1954, entitled Carlsbad Municipal Water Company vs. Walter Johnson
and Virginia Johnson, and fictitious parties, for money judgment and that defendants et al, be
permanently enjoined and restrained from preventing or in any way interfering with the
construction by or for plaintiff of a road or roads across the property herein described
necessary or convenient to give plaintiff access to each of its wells and pumps located on said
property and to plaintiffs pipeline, from tearing up, damaging or interfering with roads,
markers operation of wells, pumping plants, pipeline, conduits across the property herein
described.
Affects the herein-described land and other land.
9. An easement for the purpose shown below and rights incidental thereto as set forth in a
document
Granted to: San Diego Gas & Electric Company
Purpose: Public utilities
Recorded: July 23, 1954 in Book 5310, Page 330 of Official Records
Affects: The location of said easement is set forth in said document.
Said matter affects Parcel 2.
10. An easement for the purpose shown below and rights incidental thereto as set forth in a
document
Granted to: The City of Oceanside
Purpose: An airport approach zone
Recorded: June 4, 1962 as File/Page No. 94349 of Official Records
Affects: The location of said easement is set forth in said document.
Affects the herein-described land and other land.
11. A document subject to all the terms, provisions and conditions therein contained.
Entitled: Agreement to Exchange
Dated: March 11, 1954
Executed by: The City of Carlsbad and Kenneth W. Fetcher, Harold F: Horning,
Edwina C. Horning, First American Title Insurance and Trust
Company, Roy P. Josepho and Marc A. Josepho
Recorded: April 2, 1964 as File/Page No. 59869 of Official Records
Affects the herein-described land and other land.
12. Covenants, conditions and restrictions as set forth in the document
Recorded: April 8, 1964 as File/Page No. 63393 of Official Records
This exception omits any covenant, condition or restriction based on race, color, religion, sex,
handicap, familial status or national origin, unless and only to the extent that the covenant,
condition or restriction (a) is not in violation of state or federal law, (b) is exempt under 42
U.S.C. Section 3607 or (c) relates to a handicap but does not discriminate against handicapped
people.
Affects the herein-described land and other land.
Page 8
File No: 4610913A
13. An easement for the purpose shown below and rights Incidental thereto as set forth in a
document
Granted to: San Dlego Gas & Electric Company
Purpose: Public utilities
Recorded: May 4, 1966 as File/Page No. 75034 of Official Records
Affects: The location of said easement is set forth in said document.
Said matter affects Parcel 2.
14. An easement for the purpose shown below and rights incidental thereto as set forth in a
document
Granted to: San Diego Gas & Electric Company
Purpose: Public utilities
Recorded: May 4, 1966 as File/Page No. 75035 of Official Records
Affects: The location of said easement is set forth in said document.
Said matter affects Parcel 1.
15. An easement for the purpose shown below and rights incidental thereto as set forth in a
document
Granted to: the City of Oceanside
Purpose: Drainage
Recorded: January 24, 1972 as File/Page No. 18119 of Official Records
Affects: The location of said easement is set forth in said document.
Said matter affects Parcel 1.
16. An easement for the purpose shown below and rights incidental thereto as set forth In a
document
Granted to: The City of Oceanside
Purpose: Public highway
Recorded: February 4, 1974 as File/Page No. 74-029101 of Official Records
Affects: The location of said easement is set forth in said document.
Said matter affects Parcel 3 with other property.
17. An easement for the purpose shown below and rights incidental thereto as set forth in a
document
Granted to: Fallbrook Sanitary District
Purpose: A pipeline or pipelines, ingress and egress
Recorded: January 4, 1982 as File/Page No. 82-000051 and March 9, 1983 as
File/Page No. 83-075091, both of Official Records
Affects: The location ofsaid easement is set forth in said document.
Affects the herein-described land and other land.
18. An easement for the purpose shown below and rights incidental thereto as set forth in a
document
Granted to: William P. Lee, a single man
Purpose: Mar Lado slope easements, temporary construction easements
Recorded: July 22, 1986 as File/Page No. 86-301983 of Official Records
Affects: The location of said easement is set forth in said document.
Page 9
File No: 4510913A
Said matter affects Parcel 3.
19. An easement for the purpose shown below and rights Incidental thereto as set forth In a
document
Granted to: The City of Oceanside, a Municipal Corporation
Purpose: An easement for water pipeline
Recorded: July 1, 1993 as File/Page No. 1993-0424282 of Official Records
Affects: The location of said easement is set forth in said document.
Said matter affects Parcel 3.
20. An easement for the purpose shown below and rights incidental thereto as set forth in a
document
Granted to: The City of Oceanside
Purpose: Storm drain
Recorded: December 15, 1993 as File/Page No. 1993-0844957 of Official
Records
Affects: The location of said easement is set forth in said document.
21. An easement for the purpose shown below and rights incidental thereto as set forth in a
document
Granted to: The City of Oceanside
Purpose: Temporary construction
Recorded: December 15, 1993 as File/Page No. 1993-0844957 of Official
Records
Affects: The location ofsaid easement is set forth in said document.
Affects the herein-described land and other land.
22. A document subject to all the terms, provisions and conditions therein contained.
Entitled: Certificate of Noncompliance
Dated: May 30, 1997
Executed by: City of Oceanside
Recorded: June 9, 1997 as File/Page No. 1997-0267869 of Official Records
The terms and provisions contained in the document entitled Notice of Abatement Proceedings
recorded June 9, 1997 as File/Page No. 1997-0267870 of Official Records.
23. An easement for the purpose shown below and rights incidental thereto as set forth in a
document
Granted to: The City of Oceanside
Purpose: Road and public utilities
Recorded: August 28, 1998 as File/Page No. 1998-0530024 of Official Records
Affects: The location of said easement is set forth in said document.
Affects the herein-described land and other land.
Page 10
File No: 4610913A
24. An easement for the purpose shown below and rights Incidental thereto as set forth in a
document
Granted to: The City of Oceanside
Purpose: Drainage
Recorded: August 20, 1998 as File/Page No. 1998-0530024 of Official Records
Affects: The location of said easement is set forth in said document.
Affects the herein-described land and other land.
25. An easement for the purpose shown below and rights incidental thereto as set forth in a
document
Granted to: The City of Oceanside
Purpose: Public utilities
Recorded: September 27, 1999 as File/Page No. 1999-0654971 of Official
Records
Affects: The location of said easement is set forth in said document.
Affects the herein-described land and other land.
26. A document subject to all the terms, provisions and conditions therein contained.
Entitled: Consent to Common Use Agreement
Dated: October 8, 1999
Executed by: City of Oceanside and the State of California
Recorded: November 3, 1999 as File/Page No. 1999-0733834 of Official
Records
27. A Record of Survey Map purporting to show various boundaries and dimensions of said land.
Map No.: 15379
28. A Record of Survey Map purporting to show various boundaries and dimensions of said land.
Map No.: 16513
29. A document subject to all the terms, provisions and conditions therein contained.
Entitled: Memorandum of Option to Lease
Dated: July 15, 1999
Executed by: John M. Siegel, Robert C. Siegel, Margo Operating Co., a California
Corporation, Siegel Brothers Trust and 3480 Mission Partnership
Ltd., a California Limited Partnership and Shop Smart, Inc., a
California Corporation
Recorded: July 25, 2001 as File/Page No. 2001-0518769 of Official Records
Affects the herein-described land and other land.
Page 11
File No: 4610913A
30. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein.
Lessor: John M. Slegal, Robert C. Siegel, Margo Operating Co., a California
Corporation, Siegel Brothers Trust and 3480 Mission Partners, Ltd.,
a California Limited Partnership
Lessee: Shop Smart, Inc., a California Corporation
Disclosed by: Memorandum of Assignment of Lease
Recorded: September 6, 2005 as Instrument No. 2005-0769888 of Official
Records
The present ownership of the leasehold created by said lease and other matters affecting the
interest of the lessee are not shown herein.
(i) A document subject to all the terms, provisions and
conditions therein contained.
Entitled: Memorandum of Assignment of Lease
Dated: September 6, 2005
By and between: Shop Smart, Inc., a California Corporation and Fourth Quarter
Properties 96, LLC, a Georgia Limited Liability Company
Recorded: September 6, 2005 as Instrument No. 2005-0769888 of Official
Records
Reference is made to said document for full particulars.
31. The interest. If any, of the spouse of the vestee herein may have in said land.
32. Title search discloses no open deeds of trust. Please confirm prior to close of escrow.
33. Matters which may be disclosed by an inspection or by a survey of said land that is satisfactory
to this Company, or by inquiry of the parties in possession thereof.
34. Any rights, interests or claims of the parties in possession ofsaid land, including but not limited
to those based on an unrecorded agreement, contract or lease.
35. Any easements not disclosed by those public records which impart constructive notice and
which are not visible and apparent from an inspection of the surface of said land.
36. Discrepancies, conflicts in boundary lines, shortage In area, encroachments or any other facts
which a correct survey would disclose, and which are not shown by the public records.
END OF SCHEDULE B EXCEPTIONS
PLEASE REFER TO THE "NOTES AND REQUIREMENTS SECTION" WHICH
FOLLOWS FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION
Page 12
File No: 4610913A
REQUIREI^ENTS SECTION
NONE
Page 13
File No: 4610913A
INFORi^ATIONAL NOTES SECTION
NOTE NO. 1; The information on the attached plat is provided for your convenience as a guide to
the general location of the subject property. The accuracy of this plat is not guaranteed, nor is it a
part of any policy, report or guarantee to which it may be attached.
NOTE NO. 2: California insurance code section 12413.1 regulates the disbursement of escrow
and sub-escrow funds by title companies. The law requires that funds be deposited in the title
company escrow account and available for withdrawal prior to disbursement. Funds deposited with
the company by wire transfer may be disbursed upon receipt. Funds deposited with the company
via cashier's check or teller's check drawn on a California based bank may be disbursed on the next
business day after the day of deposit. If funds are deposited with the company by other methods,
recording and/or disbursement may be delayed. All escrow and sub-escrow funds received by the
company will be deposited with other'escrow funds in one or more non-interest bearing escrow
accounts of the company in a financial institution selected by the company. The company may
receive certain direct or indirect benefits from the financial institution by reason of the deposit of
such funds or the maintenance of such accounts with such financial institution, and the company
shall have no obligation to account to the depositing party in any manner for the value of, or to pay
to such party, any benefit received by the company. Those benefits may include, without limitation,
credits allowed by such financial institution on loans to the company or its parent company and
earnings on investments made with the proceeds of such loans, accounting, reporting and other
services and products of such financial institution. Such benefits shall be deemed additional
compensation of the company for its services in connection with the escrow or sub-escrow.
WIRING INSTRUCTIONS FOR THIS OFFICE ARE:
RE: 4610913A
PLEASE INDICATE COMMONWEALTH LAND TITLE COMPANY ESCROW OR TITLE ORDER
NUMBER
NOTE NO. 3: The charges which the company will make for next day messenger services (i.e.
Federal Express, UPS, DHL, Airborne, Express mail, etc.) Are $15.00 per letter, standard overnight
service, and $25.00 for larger size packages and/or priority delivery services. Such charges
include the cost of such messenger service and the company's expenses for arranging such
messenger service and its overhead and profit. Special messenger services will be billed at the
cost of such services. There will be no additional charge for pick-up or delivery of packages via the
company's regularly scheduled messenger runs.
Typist; Is4
Date Typed: February 22, 2008
Page 14
Exhibit B (Revised 11-17-06)
CALIFORNIA LAND TITLE ASSOCIATION
STANDARD COVERAGE POLICY - 1990
EXCLUSIONS FROM COVERAGE
The following matters are'expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs,
attorneys' fees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmentai regulation (including but not limited to building or zoning laws, ordinances, or
regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) the character,
dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in
the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the
effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the
enforcement thereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting the
land has been recorded in the public records at Date of Policy,
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice
of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the
public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not
excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser
for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed, to by the insured
claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not
disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an' insured under
this policy;
(c) resuiting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured
mortgage or for the estate or interest insured by this policy.
4. Unenforceability of the .lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the
inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in
which the land is situated.
5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced
by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law.
6. Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction
creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors"
rights laws.
EXCEPTIONS FROM COVERAGE - SCHEDULE B, PART I
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by
reason of:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or
assessments on real property or by the public records.
Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown
by the records of such agency or by the public records.
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection
of the land or which may be asserted by persons in possession thereof.
3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would
disclose, and which are not shown by the public records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water
rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records.
CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10/22/03)
ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE
EXCLUSIONS
In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1. Governmental police power, and the existence or violation of any law or government regulation. This includes ordinances, laws
and regulations concerning;
a. building
b. zoning
c. Land use
d. improvements on the Land
e. Land division
f. environmental protection
This Exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in
the Public Records at the Policy Date.
This Exclusion does not limit the coverage described in Covered Risk 14, 15, 16, 17 or 24.
File No: 4610913A
2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This
Exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at the Policy Date.
3. The right to take the Land by condemning it, unless:
a. a notice of exercising the right appears in the Public Records at the Policy Date; or
b. the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the taking.
4. Risks:
a. ' that are created, allowed, or agreed to by You, whether or not they appear in the Public Records; •
b. that are Known to You at the Policy Date, but not to Us, unless they appear in the Public Records at the Policy Date;
c. that result in no loss to You; or
d. that first occur after the. Policy Date - this does not limit the coverage described in Covered Risk 7, 8,d, 22, 23, 24 or 25.
5. Failure to pay value for Your Title.
6. Lack of a right:
a. to any Land outside the area specifically described and referred to in paragraph 3 of Schedule A; and
b. in streets, alleys, or waterways that touch the Land.
This Exclusion does not limit the coverage described in Covered Risk 11 or 18.
LIMITATIONS ON COVERED RISKS
Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows:
• For Covered Risk 14, 15, 16 and 18, Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A.
The deductible amounts and maximum dollar limits shown on Schedule A are as follows:
Your Deductible Amount Our Maximum Dollar
Limit of Liability
Covered Risk 14: 1% of Policy Amount or $2,500 $10,000
(whichever is less)
Covered Risk 15: 1% of Policy Amount or $5,000 $25,000
, (whichever is less)
Covered Risk 16: 1% of Policy Amount or $5,000 $25,000
(whichever is less)
Covered Risk 18: 1% of Policy Amount or $2,500 $5,000
(whichever is less)
AMERICAN LAND TITLE ASSOCIATION
RESIDENTIAL TITLE INSURANCE POLICY (6-1-87)
EXCLUSIONS
In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning
ordinances and also laws and regulations concerning:
• land use
• improvements on the land
• land division
• environmental protection
This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date.
This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks.
2. The right to take the land by condemning it, unless:
• a notice of exercising the right appears in the public records on the Policy Date
• the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking
3. Title Risks:
• that are created, allowed, or agreed to by you
• that are known to you, but not to us, on the Policy Date - unless they appeared in the public records
• that result in no loss to you
• that first affect your title after the Policy Date — this does not limit the labor and material lien coverage in Item 8 of Covered
Title Risks
4. Failure to pay value for your title.
5. Lack of a right;
• to any land outside the area specifically described and referred to in Item 3 of Schedule A
OR
• in streets, alleys, or waterways that touch your land
This exclusion does not limit the access coverage in Item 5 of Covered Title Risks.
AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92)
WITH ALTA ENDORSEMENT-FORM 1 COVERAGE
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs,
attorneys' fees or expenses which arise by reason of:
l.(a)Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or
regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the
File No: 4610913A
character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or
a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental
protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a
notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation
. affecting the land has been recorded in the public records at Date of Policy,
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a
notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in
the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not
excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser
for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not
disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under
this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the
insured mortgage over any statutory lien for services, labor or material or to the extent insurance is afforded herein as to
assessments for street improvements under construction or completed at Date of Policy); or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured
mortgage.
4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the
inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in
which the land is situated.
5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced
by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law.
6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over
the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and
commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the
insured mortgage which at Date of Policy the insured has advanced or is obligated to advance.
7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the
operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on:
(i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer;
or
(ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine or equitable
subordination; or
(iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the
preferential transfer results from the failure:
(a) to timely record the instrument of transfer; or
(b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions
from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following General Exceptions:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by
reason of:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or
assessments on real property or by the public records.
Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown
by the records of such agency or by the public records.
2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of
the land or which may be asserted by persons in possession thereof.
3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would
disclose, and which are not shown by the public records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water
rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records,
2006 ALTA LOAN POLICY (06-17-06)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs,
attorneys' fees, or expenses that arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating,
prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on the Land;
(iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or
limit the coverage provided under Covered Risk 5.
File No: 4610913A
(b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6,
2. Rights of eminent domain. • This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not
disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under
this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under
Covered Risk 11, 13, or 14); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured
Mortgage.
4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable
doing-business laws of the state where the Land is situated.
5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by
the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law.
6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction
creating the lien of the Insured Mortgage, is
(a) a fraudulent conveyance or fraudulent transfer, or
(b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy.
7. Any lien.on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between
Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the
coverage provided under Covered Risk 11(b).
The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions
from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from
Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by
reason of:
1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or
assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or
assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records.
2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of
the Land or that may be asserted by persons in possession of the Land.
3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an
accurate and complete land survey of the Land and not shown by the Public Records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in-Acts authorizing the issuance thereof; (c) water
rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the Public Records,
AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs,
attorneys' fees or expenses which arise by reason of;
1. (a)Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or
regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the
character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or
a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental
protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a
notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation
affecting the land has been recorded in the public records at Date of Policy,
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a
notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in
the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not
excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser
for value without knowledge,
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant; '
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not
disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under
this policy;
(c) resulting In no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or
interest insured by this policy.
4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the
operation of federal bankruptcy, state Insolvency, or similar creditors' rights laws, that is based on:
(i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent
transfer; or
File No: 4610913A
(ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the
preferential transfer results from the failure:
(a) to timely record the instrument of transfer; or
(b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions
from Coverage, the Exceptions from Coverage in a Standard Coverage Policy" will also include the following General Exceptions:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by
reason of:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or
assessments on real property or by the public records.
Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown
by the records of such agency or by the public records.
2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of
the land or which may be asserted by persons in possession thereof.
3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would
disclose, and which are not shown by the public records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water
rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records,
2006 ALTA OWNER'S POLICY (06-17-06)
EXCLUSIONS FROM COVERAGE.
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs,
attorneys' fees, or expenses that arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating,
prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on the Land;
(ill) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or
limit the coverage provided under Covered Risk 5,
(b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6,
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not
disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under
this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under
Covered Risk 9 and 10); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title.
4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction
vesting the Title as shown in Schedule A, is
(a) a fraudulent conveyance or fraudulent transfer; or
(b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy.
5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between
Date of Policy and the date of recording of the deed or other instnjment of transfer in the Public Records that vests Title as shown
in Schedule A.
The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions
from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from
Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by
reason of:
1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or
assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or
assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records,
2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascert:ained by an Inspection of
the Land or that may be asserted by persons in possession of the Land.
3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an
accurate and complete land survey of the Land and not shown by the Public Records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water
rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the Public Records,
File No: 4610913A
ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (10/13/01)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs,
attorneys fees or expenses which arise by reason of:
1. (a)Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or
regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the
character, dimensions or location of any improvement now or hereafter erected on the Land; (iii) a separation in ownership or
a change in the dimensions or areas of the Land or any parcel of which the Land is or was a part; or (iv) environmental
protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that s
notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation
affecting the Land has been recorded in the Public Records at Date of Policy. This exclusion does not limit the coverage
provided under Covered Risks 12, 13, 14, and 16 of this policy.
(b)Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a
notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the Land has been recorded in
the Public Records at Date of Policy, This exclusion does not limit the coverage provided under Covered Risks 12, 13, 14, and
16 of this policy,
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the Public Records at Date of Policy, but not
excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser
for value without Knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not
disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under
this policy;
(c) resulting In no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (this paragraph does not limit the coverage provided under Covered Risks 8,
16, 18, 19, 20, 21, 22, 23, 24, 25 and 26); or
(e) resulting in loss or damage which would not have been sustained if the Insured Claimant had paid value for the Insured
Mortgage.
4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of the Insured at Date of Policy, or the
inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in
which the Land is situated,
5. Invalidity or unenforceability of the lien of the Insured Mortgage, or claim thereof, which arises out of the transaction evidenced
by the Insured Mortgage and is based upon usury, except as provided in Covered Risk 27, or any consumer credit protection or
truth in lending law.
6. Real properi:y taxes or assessments of any governmental authority which become a lien on the Land subsequent to Date of Policy.
This exclusion does not limit'the coverage provided under Covered Risks 7, 8(e) and 26.
7. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to advances or modifications
made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest
covered by this policy. This exclusion does not limit the coverage provided in Covered Risk 8,
8. Lack of priority of the lien of the Insured Mortgage as to each and every advance made after Date of Policy, and all interest
charged thereon, over liens, encumbrances and other matters affecting the title, the existence of which are Known to the Insured
at:
(a) The time of the advance; or
(b) The time a modification is made to the terms of the Insured Mortgage which changes the rate of interest charged, if the rate
of Interest is greater as a result of the modification than it would have been before the modification. This exclusion does not
limit the coverage provided in Covered Risk 8.
9. The failure of the residential structure, or any portion thereof to have been constructed before, on or after Date of Policy in
accordance with applicable building codes,' This exclusion does not apply to violations of building codes if notice of the violation
appears in the Public Records at Date of Policy.
Commonwealth Land Title Company
3131 Camino del Rio N., #1400
San Diego, CA 92108
Phone: (619) 686-6000
Fax:
File No: 4610913A
Notice to Customers
You may be eligible for a $20.00 reduction in your title or escrow fees in this transaction charged by
Commonwealth Land Title Insurance Company pursuant to the Final Judgments entered in People of the
State of California v. LandAmerica Financial Grouo. Inc.. et al., Sacramento Superior Court Case No. 92 AS
06111, and Taylor, et al. v. LandAmerica Financial Group. Inc.. et al.. Los Angeles Superior Court Case No. BC
231917. You are eligible for this $20.00 reduction in your title or escrow fees if you meet the following
requirements:
1. You are a natural person or trust;
2. Your transaction involves the purchase, sale or refinancing of residential real property containing one-
to-four-dwelling units;
3. You previously purchased title insurance or escrow services involving a transaction which closed
between May 19, 1995 and October 8, 2002 from one of the following companies:
LandAmerica Financial Group, Inc.
Commonwealth Land Title Insurance Company or
Commonwealth Land Title Company
Lawyers Title Insurance Corporation or Lawyers Title Company
First American Title Insurance Company, First American Title Company, First American Title Guarantee
Company
Fidelity National Financial, Inc.
Fidelity National Title Insurance Company
Fidelity National Title Company
Fidelity National Title Insurance Company of California, Inc.
Fidelity National Loan Portfolio Services
Ticor Title Insurance Company
Security Union Title Insurance Company
Chicago Title Insurance Company
Chicago Title Company
Chicago Title and Trust Company
Rocky Mountain Support Services, Inc.
California Tracking Service, Inc.
Title Accounting Services Corporation
4 You did not receive a $65.00 cash payment from LandAmerica Financial Group, Inc. in the
reconveyance fee claims process pursuant to the Final Judgments entered in People of the State of
California v. LandAmerica Financial Group. Inc.. et al.. Sacramento Superior Court Case No. 92 AS
06111, and Tavlor. et al. v. LandAmerica Financial Group. Inc., et al.. Los Angeles Superior Court Case
No. BC 231917.
If you meet the foregoing requirements and want the $20.00 fee reduction complete this form and return it to
your Commonwealth Land Title Insurance Company escrow or title officer. NOTE: If you are eligible
for the $20.00 fee reduction please complete and return this form. You must advise us of your
eligibility prior to closing in order to receive the $20.00 fee reduction.
Name:
Address:
Telephone No:
Commonwealth Land Title Company
3131 Camino del Rio N., #1400
San Diego, CA 92108
Phone: (619) 686-6000
Fax:
File No: 4610913A
Notice to Customers
You may be eligible for a $20.00 reduction in your title or escrow fees in this transaction charged by
Commonwealth Land Title Insurance Company pursuant to the Final Judgments entered in People of the
State of California v. LandAmerica Financial Group. Inc.. et al.. Sacramento Superior Court Case No. 92 AS
06111, and Tavlor, et al. v. LandAmerica Financial Group, Inc.. et al.. Los Angeles Superior Court Case No. BC
231917. You are eligible for this $20.00 reduction in your title or escrow fees if you meet the following
requirements:
1. You are a natural person or trust;
2. Your transaction involves the purchase, sale or refinancing of residential real property containing one-
to-four-dwelling units;
3. You previously purchased title insurance or escrow services involving a transaction which closed
between May 19, 1995 and October 8, 2002 from one of the following companies:
LandAmerica Financial Group, Inc.
Commonwealth Land Title Insurance Company or
Commonwealth Land Title Company
Lawyers Title Insurance Corporation or Lawyers Title Company
First American Title Insurance Company, First American Title Company, First American Title Guarantee
Company
Fidelity National Financial, Inc.
Fidelity National Title Insurance Company
Fidelity National Title Company
Fidelity National Title Insurance Company of California, Inc..
Fidelity National Loan Portfolio Services
Ticor Title Insurance Company
Security Union Title Insurance Company
Chicago Title Insurance Company
Chicago Title Company
Chicago Title and Trust Company
Rocky Mountain Support Services, Inc.
California Tracking Service, Inc.
Title Accounting Services Corporation
4. You did not receive a $65.00 cash payment from LandAmerica Financial Group, Inc. in the
reconveyance fee claims process pursuant to the Final Judgments entered in People of the State of
California v. LandAmerica Financial Group, Inc.. et al.. Sacramento Superior Court Case No. 92 AS
06111, and Taylor, et al. v. LandAmerica Financial Group. Inc.. et al.. Los Angeles Superior Court Case
No. BC 231917.
If you meet the foregoing requirements and want the $20.00 fee reduction complete this form and return it to
your Commonwealth Land Title Insurance Company escrow or title officer. NOTE: If you are eligible
for the $20.00 fee reduction please complete and return this form. You must advise us of your
eligibility prior to closing in order to receive the $20.00 fee reduction.
Name:
Address:
Telephone No:
Insert Map here
LUCE FORWARD • t>OD VVMI Bro.Klv/ay
ArrORMCYSflT LAW • FQUmZD 1873 ^ '^k/ Suite 2600
Luce, FQR'WWID, HftMiuoN & SCRIPPS LLP % ^'^ ^2101
®1 • 619.232.8311 I.1X
RONALDW. ROUSE, PARTNER ^U^.V*^ . vvw/,i((ce,coiii
DlRECTDiALNuMBER 619.699.2572 ^ ^\mzi
DIRECT FAX NUMBER 619.235,1338 ^'^^"''In uhad
EMAIL ADDRESS rroijsc@lucc,com City o'
OURFfLE33232-l
May 7, 2007
VIA E-MAIL AND U.S. MAn.
Mr. Glenn Pruim
Director of Public Works
City of Carlsbad
1635 Faraday Avenue
Carisbad, CA 92008-7314
Re: The Pavilion Project in Oceanside/Thomas Enterprises
Dear Glenn:
Thank you, Bill Plummer and Ron Kemp for meeting with us regarding The Pavilion Project
?o^^Sstd. ' ^"^^^"'"^^ and ow;X
By way of background, Thomas Enterprises is the ground lessee of approximately 90 acres in
Oceanside, the ^e of the fonner Foussat Drive-In Theatres located imTeSrHrh of
M,s^on Avenue/Highway 76, east of Foussat Road, and southerly of the San Luis LXef
Thomas Emerpnses js m the process of obtaining development entitlements from the City of
ImnTtP H ' P^°J-<^t over the entire property with the dmft Enviror^Lal
'^^X^^X'' ^-^^^^ ^"^^^^ ^--^ - City
I?^^ip Carlsbad appears to be the successor-in-interest of surface entry rights over a portion
of TTie Pavihon project area for the development of underlying water rights to approximately 2oS
miner s inches of water per year, which rights date back to 1915 rLrded Xcumems We
understand the City of Carlsbad, or its predecessors, actually maintained wells onTSon of
the City of Carlsbad by City Council action taken in 2005. We also note that the 1915 recorded
documents granted the surface entry easement rights over a property area s gdficLt y^^^^^^^^^
than the portion affecting The Pavilion project area itself sigmncantiy larger
LUCE FORWARD
ATTORMEYSATLAW • FOUNDED 1873
LUCE, FOUVMRD, HAMILTON & SCRIPPS LLP
Mr. Glenn Pruim
May 7,2007
Page 2
Pnor owners of the larger area affected by the City's 1915 surface entry easement rights
subsequently entered into an "Agreement to Exchange" dated March 11, 1964, generally
providing for the subsequent specific location of the City's surface entry right in the affected
area, which agreement expiration date was subsequently extended by the Carlsbad City Council
Resolution No. 8995 to March 11, 2014. Essentially, the underlying agreement calls for the
specific location of surface entry locations for future wells within the affected area. We left
copies of ail these documents with you, Mr. Plummer and Mr. Kemp in our meeting.
The existence of tJie "blanket" surface entry rights for water development purposes over a
portion of the Pavilion project area presents significant title, development and practical obstacles
Thomas Enterprises formally requests that the City of Carlsbad relinquish its surface rights over
The Pavilion project area entirely, as the City of Carlsbad has foraially abandoned the well sites
and would retain surface entry rights on other property in the immediate vicinity, including
property owned by the City of Carlsbad, should the City of Carlsbad determine to exercise its
underlying water nghts by drilling new wells and providing for water treatment and distribution
facilities. As emphasized in the meeting, Thomas Enterprises is. not asking for the City of
Carlsbad to relinquish its underiying water rights for 200 miner's inches of water, but simply
seeking relinquishment of the surface entry rights over The Pavilion project area.
Alternatively, in the event the City of Carlsbad concludes retaining a well site somewhere on The
Pavilion project area is imperative for potential future exercise of its underiying water rights,
then we would request that a future well site area have a minimum footprint and be located in a
mutually acceptable defined area, so as not to interfere with project development.
We wish to emphasize that Thomas Enterprises is not asking for the City of Carlsbad to
relinquish any underlying water rights it may have in the project area. Thomas Enteiprises is
simply seeking to have their surface entry rights at The Pavilion relinquished, or if that is not
possible, specifically located to a mutually acceptable area with a minimum footprint. We
appreciate the long history of the underlying water rights and exercise thereof, but believe the
subsequent abandonment of the operating wells and the expense associated with drilling new
wells, and providing water treatment and transmission facilities render it unlikely that the City of
Carlsbad would undertake physical well site, water treatment and transmission facilities in the
future. Nonetheless, by retaining any underiying water rights, the City of Carlsbad would keep
Its options open for trading, exchanging or "wheeling", as well as retaining surface entry rights
on other properties.
After you have had an opportunity to consider possible options, we would appreciate meeting
with you agam to finalize a mutually acceptable resolution and document it accordingly. Please
LUCE FORWARD
ATTORNEYS AT LAW - FOUNDED 1873
LutE, Fonvma, Hmtm>i & SCRIPPS LLP
Mr. Glenn Pruim
May 7, 2007
Page 3
do not hesitate to call if you have any questions. We are hopeful the final resolution can be
acmeyed m the next few months.
Ronald W. Rouse .
of
LUCE, FORWARD, HAMILTON & SCRIPPS LLP
RWR/jdb
cc: Mr. Bill Plummer/City of Carisbad
Ron Kemp, Esq./City of Carlsbad ^
Mr. Mel Kuhnel/Thomas Enterprises
Ann Gunter AICP/The Lightfoot Planning Group
John P. Strohminger/O'Day Consultants, Inc.
3799715.1
STATE OF CALIFORNIA
CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY
STATE WATER RESOURCES CONTROL BOARD
DIVISION OF WATER RIGHTS
In the Matter of Permit 5229, Application 8418
City of Oceanside
ORDER APPROVING EXTENSION OF TIME AND AMENDING THE PERMIT
SOURCE: San Luis Rey River tributary to Pacific Ocean
COUNTY: San Diego
WHEREAS:
1. Permit 5229 was issued to City of Oceanside October 7, 1938, pursuant to Application
8418.
2. A petition for an extension of time within which to develop the project and apply the
water to the proposed use was filed with the State Water Resources Control Board
(SWRCB) on January 3,2000.
3. The permittee has proceeded with diligence and good cause has been shown for extension
of time. Public notice of the request for extension of time was issued on July 14, 2000
and no protests were received.
4. The SWRCB has determined that the petition for extension of time does not constitute the
initiation of a new right nor operate to the injury of any other lawful user of water.
5. Fish, wildlife, and plant species have been or may be Hsted under the federal Endangered
Species Act and/or the Califomia Endangered Species Act. A term should be placed in
. the permit making the permittee aware of possible obligations resulting from these acts.
NOW, THEREFORE, IT IS ORDERED THAT Permit 5229 IS AMENDED TO READ AS
FOLLOWS:
1. Condition 8 of the permit be amended to read:
Complete application of the water to the authorized use shall be made by December 31,
2010.
(0000009)
PET-ORD-E-PER (9-00)
Application 8418 -Permit 5229
Page 2
2. Permit 5229 is amended to include tlie following Endangered Species condition
This permit does not authorize any act which resuks in the taking of a threatened or
endangered species or any act which is now prohibited, or becomes prohibited in the
future, under either the California Endangered Species Act (Fish and Game Code sections
2050 to 2097) or the federal Endangered Species Act (16 U.S.C.A. sections 1531 to
1544). If a "take" will resuh from any act authorized under this water right, the permittee
shall obtain authorization for an incidental take prior to construction or operation of the
project. Permittee shall be responsible for meeting all requirements of the applicable
Endangered Species Act for the project authorized under this pennit.
(0000014)
DatedQQ-f 2 4 2000 STATE WATER RESOURCES CONTROL BOARD
f^r- Chief, Division (of Wker Rights
PET-ORD-E-PER (9-00)
STATE OF CAUFORNIA
STATE WATER RESOURCES CONTROL BOARD
DIVISION OF WATER RIGHtS
ORDER
APPLICATION 8418 PERMIT 5229 LICENSE
ORDER APPROVING A HEW DEVELOPMENT SCHEDULE,
AND AMENDING THE PERMIT
WHEREAS;
1. Permit 5229 waa Isoued to the City of Oceanside on October 7. 1938
purauant to.Application 8418.
2. A petition for an extenalon of time within which to develop the project
and apply the water to the propoaed uae haa been filed with the State
Water Resources Control Board.
3. The permittee haa proceeded with diligence and good cause has been ahown
for the extension of time.
A. Permit Condition 3 pertaining to the continuing authority of the Board
should be updated to conform to Section 780(a), Title 23 of the Califomia
Code of Regulations.
NOW, THEREFORE, IT IS ORDERED THAT:
1. Condition 8 of the permit be amended to read:
CONSTRUCTIOH WORK SHALL BE
COMPLETED ON OR BEFORE December 31, 1995 (0000008)
2. Condition 9 of the permit be amended to read:
COMPLETE APPLICATION OF THE
WATER TO THE PROPOSED USE
SHALL BEMADE ON OR BEFORE December 31, 1999 (0000009)
3. Condition 3 of the permit be amended to read:
Pursuant to California Water Code Sections 100 and 275, and the common law
public trust doctrine, all rights and privileges under this permit and
under any license issued purauant thereto, including method of diversion,
method of use, and quantity of water diverted, are subject to the
continuing authority of the State Water Resources Control Board in
accordance with law and in the interest of the public welfare to protect
public trust uses and to prevent waste, unreasonable use, unreasonable
method of use, or unreasonable method of diversion of said water. The
continuing authority of the Board may be exercised by imposing specific
requirements over and above those contained in this permit with a view to
eliminating waste of water and to meeting the reasonable water
requirements of permittee without unreasonable draft on the source.
Permittee may be required to Implement a water conservation plan, features
of which may Include but not neceasarlly be limited toi (1) reusing or
reclaiming the water allocated; (2) using water reclaimed by another
entity instead of all or part of the water allocated! (3) restricting
diversions so as to ellaiinate agricultural tailwater or to reduce return
flowj (4) suppressing evaporation losses from water surfacesi (5)
controlling phreatophytic growthj and (6) installing, maintaining, and
operating efficient water measuring devices to assure compliance with the
quantity limitations of this permit and to determine accurately water use
as against reasonable water requirements for the authorized project. No
action will be taken pursuant to this paragraph unless the Board
determines, after notice to affected parties and opportunity for hearing,
that such specific requirements are physically and financially feasible
and are appropriate to the particular situation.
Permit 5229 (Application_8418_)
Page 2
The continuing authority of the Board also may be exercised by imposing
further limitations on the diversion and use of water ,by the permittee in
order to protect public trust uses. No action will be taken pursuant to
this paragraph unless the Board determines, after notice to affected
parties and opportunity for hearing, that such action ia consistent with
California Constitution Article X, Section 2t is consistent with the
public Interest and Is necessary to preserve or restore the uses protected
by the public trust. (0000012)
JULY 13 1990
Walter G. Pettit, Chief
Division of Water Rights
STATE OF CALIFOIINIA
THE USOURCES AGENCY
STATE WATER RESOURCES CONTROL BOARD
DIVISION OF WATER RIGHTS
ORDER
8418 5229
ORDER APPROVING A NEW DEVELOPMENT SCHEDULE,
CHANGE IN POINTS OF DIVERSION AND
PLACE OF USE AND AMENDING THE PERMIT
WHEREAS:
1. A petition for extension of time within which to develop the project and
apply the water to the proposed use and petitions to change points of
diversion and the.place of use have been filed with the State Water
Resources Control Board.
2. The permittee has proceeded with diligence and good cause has been shown
for extension of time and for the said changes.
3. The Board has determined thatthe petitioned changes do not constitute
the initiation of a new right nor operate to the injury of any other
lawful use of water,
NOW. THEREFORE, IT IS ORDERED THAT:
1. Paragraph 9 of the permit is amended as follows;
COMPLETE APPLICATION OF THE WATER
TO THE PROPOSED USE SHALL BE MADE -
ON OR BEFORE December 1, 1989
2. The points of diversion under this permit shall be as follows:
Well No. 3 " North 600 feet and east 800 feet from SW.corner
43f Section 13. TllS, R5W. SBB&M, being within
. SVk of Sl'f^ of said Section 13. ,
Well No. 5 North 1,000 feet and east 900 feet from SW corner
of Section 13, TllS, R5W, SBB&H. being within
SW^s of S\tk of said Section 13.
Well No, 7 South 100 feet and west 2,300 feet from NE corner
of Section 24, TllS, R5W, SBB&M, being within
NW^s of HEk of said Section 24.
Well No, n North 700 feet and west 1,500 feet from SE corner
of Section 13, TllS. R5W, SBB&M, being within
SW% of SEH of said Section 13.
WRCI
9
Permit 5229 (Application 8418)
Page 2
Well No, 12 North 2,400 feet and east 2,400 feet from SW corner
of Section 18. TllS, R4W, SBB&M, being within
NE^a of SUk of said Section 18.
Well No. 13 North 1,700 feet and west 1,700, feet from SE corner
of Section 4, TllS, R4W, SBB&M, being within
.NW>s of SE^a of said Section 4.
Well No. 14 North 1,400 feet and west 1,300 feet from SE corner
of Section 4, TllS, R4W, SBB5M, being within
NE% of SE^s of said Section 4.
• Well No. 16 South 2,400 feet and west 2,400 feet from NE corner
of Section 18. TllS, R4W, SBB&M, being within
SW^ of NE^a of said Section 18.
Well No. T-1 South 850 feet and east 2,495 feet from NW corner
of Section 3, TllS, R4W, SBB&M. being within
HEH of NW^a of said Section 3.
Well No. T-2 South 960 feet and east 2,775. feet from NW corner
of Section 3, TllS, R4W, SBB&M, being within
NW^s of NE^ of said Section 3.
Well No. T-3 South 1,330 feet and east 2,750 feet from NW corner
of Section 3. TllS, R4W, SBB&fl. being within
SWs of NE% of said Section 3.
3, The place of use under this permit shall be as follows:
Within the City limits of the City of Oceanside being
within TU and 12S, R4 and 5W, SBBSM, all as shown on
the petition map (received by the State Water Resources
Control Board on February 8, 1977) on file with the
State Water Resources Control Board.
4. Paragraph 3 of this permit is deleted. A new Paragraph 3 is added to
, this permit as follows:
Pursuant to California Water Code Sections 100 and 275, all
rights and privileges under this permit and under any license
issued pursuant thereto, including method of diversion,
method of use, and quantity of water diverted, are subject
• to the continuing authority of the State Water Resources
Control Board in accordance with law and in the interest
of the public welfare to prevent waste, unreasonable use,
unreasonable method of use, or unreasonable method of
diversion of said water.
The continuing authority of the Board may be exercised by
imposing specific requirements over and above those contained
in this permit with a view to minimizing waste of water and
to meeting the reasonable water requirements of permittee
Permit 5229 (Application 84lo)
Page 3
without unreasonable draft on the source. Permittee may be
required to implement such programs as (1) reusing or reclaiming
the water allocated; (2) using water reclaimed by another entity
instead of all or part of the water allocated; (3) restricting
diversions so as to eliminate agricultural tailwater or to
reduce return flow; (4) suppressing evaporation Tosses from
water surfaces; (5) controlling phreatophytic growth; and
(6) installing, maintaining, and operating efficient water
measuring devices to assure compliance with the quantity
limitations of this permit and to determine accurately water
use as against reasonable water requirements for the authorized
project. Mo action will be taken pursuant to this paragraph
unless the Board determines, after notice to affected parties
and opportunity for hearing, that such specific requirements
are physically and financially feasible and are appropriate to
the particular situation.
5. Paragraph 5 of this permit is deleted. A new Paragraph 5 is added to
this permit as follows;
The quantity of water diverted under this permit and under any
license issued pursuant thereto is subject to modification by
the State Water Resources Control Board if, after notice to the
permittee and an opportunity for hearing, the Board finds that
such modification is necessary to meet water quality objectives
In water quality control plans which have been or hereafter may
be established or modified pursuant to Division 7 of the Water
Code, No action will be taken pursuant to this paragraph unless
the Board finds that (1) adequate waste discharge requirements
have been prescribed and are in effect with respect to all
waste discharges which have any substantial effect upon water
quality in the area Involved, and (2) the water quality objectives
cannot be achieved solely through the control of waste discharges.
Dated: JULY 9 1980
Walter G. Pettit, Chief
Division of Water Rights