HomeMy WebLinkAbout; CARLSBAD RESEARCH CENTER; 81-309928; EasementRECORDCNG REQUESTED BY
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AND WHEN RECOROED MAIL TO
'Ci.ty of Carlsbad 1 Nome 1200 Elm Avenue
st^ Carlsbad, CA 92008 Addf.88
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r MAIL TAX ITATLYfNTS TO 1 I
FILE / PAGE MC BOOK 1 RECORDED Rf TITLE INSURANCE
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Nom.
StI..t City of Carlsbad OFFICIAL RI
SEP 3 (
VERA L.
AM,.,, 1200 Elm Avenue
ciw L Carlsbad, CA 92008 SAN DlEGO cot
Stot* L I I 3'.( 7 2 - 2 - r )3\ J RECORl ,\L .-> L2 SPACE ABOVE THIS LINE FOR RECORDERS US
Partnership Grant Deed
TO 1925 CA (12-76) THIS FORM FURNISHED BY TICOR TITLE INSURERS A. p. N./' \ ,< -r>< "
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The undersigned grantor(s) declare(s): 1;
Documentary transfer tax is $
( ) computed on full value of property conveyed, or
( ) computed on full value less value of liens and encumbrances remaining at time of sale.
( X ) Unincorporated area: ( @ City of San Diego , and
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
No Tax Due
CARLSBAD RESEARCH CENTER
a General partnership organized under the laws of the State of
hereby GRANTS to
THE CITY OF CARLSBAD
a municipal corporation
the following described real property in the
Countyof Sari Diego , State of California:
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A parcel of land being portions of Lots "F" and "G" of RANCHO AGUA HEDIONDA,
County of San Diego, State of California according to and as shown on Partition
thereof No. 823, filed in the Office of County Recorder of San Diego County, Nov
16, 1896, and being more 'particularly described on Exhibit "A" attached hereto a
incorporated herein by this reference.
(i) Non-delinquent Real Property Taxes and Special Assessments, if any:
(ii) other liens, leases, easements, encumbrances, covenants, conditions and
restrictions and other matters set forth in sub-paragraph 4 (a) of that certain
and Sale Agreement and Escrow Instructions (Macario Canyon) dated August 26, 198
and between Carlsbad Research Center and the City of Carlsbad (''Agreement'') or w
may be approved by the City of Carlsbad pursuant to sub-paragraph 4 (a) of the A
ment; and,
(iii) the right of first refusal set forth in parayraph 6 of the Aqreement
SUBJECT TO:
CARLSBAD RESEARCH CENTER,
a CaliforniaGeneral Partnership
B~ KOLL CARLSBAD ASSOCIATES, a
General Partnership, General
Dated: __ -~ -_ ~"
STATE OF CALIFORNIA
COUNTY OF
On before me, the under-
signed, a Notary Public in and for said State, personally appeared
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known to me to be of the partners of the
I. partnership that executed the within instrument, and acknowledged
to me that such partnership executed the same.
WITNESS my hand and official seal.
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Signature
(This area for official notarial seal)
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CERTIFICATION FOR'ACCEPTANCE OF DEED
. This is to certify that the interest in real property
conveyed by the deed or grant dated September 29- 1981
from Carlsbad Research Center
to the City of Carlsbad, California, a municipal corporat.ion,
is hereby accepted by the City Counci1,of the City of Carlsbal
California pursuant to resolution NO. 6678 , adopted
on September 22, 1981 , and the grantee consents to the
recordation thereof by its duly authorized officer.
DATED: September 22, 1981 -
By :
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State of California lss 8Id
,, County of l
., on September 22, 1981 f before me. Sharon K, Hawk
1 a Notary Public in and for said county and state, personally appeal
B. E. Fipp , known to me to be the Vice Presidenl
THE KOLL COMPANY, a California co'rporati'on, the Corporation that e:
'. the within instrument and knowiYto me to be the person who execute(
known to me' to be one of the general partners of Koll' Carlsbad Ass(
a General Partnership, known to me to be one of the partners of 'Ca1
Resea.rch Center, A CalifornTa' Geh'e.,ra-1: Paitn'e'FshiE, that execute6-
within instrument and acknowledged to me that such Corporation
executed the same as such general partner and such general partners Executed the same as partner of YJar'ls'bad Re's'e'drch 'Cen'te'r f' a general partnership.
within instrument on behalf of said corporation, said Corporation 2
/
I
./Notary Public in and for said county and state
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EXHIBIT "A"
A PARCEL OF LAND BEING A PORTION OF LCiT F AIvD A PORTXi7N
OF LOT G SF RAIVCHG AGUA HEUIOiJDAq IN THE COUNTY Ct SAN 01EGi3~ STA
CAtIfoRf'iIAt ACCORDING TO MAP THEREOF t10- 823 ON FILE IQ THE OFFIC COUNTY iiECORDcR OF SAN DIEGO CCUNJYT OfSCRIdED AS FULtObJS:
BtGlNhING AT POIVT 5 Of SAID LOT F; THENCE NORTH 3'29'11" WEST9 C
THC WESTEKLY BOUVDARY OF SAii) LOT F9 167.78 FEET TO A POINT ON Tt
TO iAIG POItJT BEARS SOUTH 55'03'22" EAST, THENCE: NCRTHERLY AtOK(
ARC of SAID CURVE THRCIUG+i A CEhiTRAt AkGLE OF 7tY51'37f1 A DXSTAKCE
71-73 FEET TO SAID ~'EST€KLY BOclN3AKY; THE'JCET NOkTH 0'29*Lf** WES'
2392-42 FEET TC POIhT 8 Of SAIC LOT F; THENCE9 NO2TH 6'47'51" EA'!
1219060 FtET TO A PCINT ON THE NOKTHEKLY LINE OF SAIC LUT ET DIS1
OF A NONTANGErqT 581~~0 FOOT RADIUS CURVE9 CONCAVE WESTERLY A RADII
SOUTH 87'23'24" EAST 2025m06 FEET FROM POINT 6 OF SAID LOT f; THt
SOUTH 87'23'24" EAST 2417.19 FEET TO THE NOKTHkEST CORNER OF THE
DfSCRI3ED If4 DEED T3 HOWARD Go KIRGIS9 ET UX-T RECORDED
SiPTEMSfR 249 1957 IN BOOK 6761, PAGE 197 OF OFFICIAL RECORilS; Tt
SOUTH 2'36'36" HEST 740-00 FEET Ti3 THE SOUTHWEST COKl'iEP OF SAXE 1
PROPERTY; THEXCEv SOUTH 87'23'24" EAST 1378.84 FEET TO THE SOUTH!
.CORNER OF SAIU KIKGIS PRCJPEKTY; THENCE SOUTH L0°5d*35" East 1394#
FEET fO PclIfuT I-% GF SAID LOT F; EEIW THE POST rJ@KTHEKLY COtiNER t
DESCRIBED I& DEED TU So Lo KELLY KECOROEO FEBSUARY 31 1961~
KfCi3R.DER.S FILE NO0 20293; THENCE ALOhf THE NORTHEASTERLY LIh€ 01
KELLY'S LA%O SOUTH 5l0t)L'58'' EAST 1342-27 FtET; THENCE SOUTH 38'1
WEST 288-57 FEET; THENCE9 hdKTH 51'01'58" WEST L5Zoi)O FEET9 THEN(
FEET 10 A POINT ON THE LOT LINE BETHEEN POINT 13 AND POINT 14 Of
LOT F; THENCE, SCIUTH 63'14'04" WEST ALONG SAID LOT LINE 564.30 F(
SCUTH 38'58'02" HEST 152-00 FEET; THEhC€ NORTH 51'01'58" d€ST 101
SAID POLNT 139 THENCE; SOUTH 40O4Z'i)e'' WEST 1584'54 FEET TC POIfi.
SAIO LOT F; THENCE9 NORTH 89'46'41" WEST 646'96 FEET TC POINT 11
SAID LOT F; THENCE9 NORTH 59'47'49" WEST 1175-97 FEET TC POINT 11
SAID LOT F; THENCE9 SOUTH 7U'54'27@' HEST 546.55 FtET TC THE POI&'
R€GI NMING.
1087328-L- A PAGE 1
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TITLE INSURANCE AND TRUST
A TICOR COMPANY Policy of Title Insul;
.. . . . , . . .I ,,, ,,
SUBJECT TO SCHEDULE B AND THE CONDITIONS AND STIPULATIONS HEREOF, TITLE INSURANCE AND
TRUST COMPANY, a California corporation, herein called the Company, insures the insured, as of Date of Policy
shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and
costs, attorneys’ fees and expenses which the Company may become obligated to pay hereunder, sustained or
incurred by said insured by reason of:
1. Title to the estate or interest described in Schedule A being vested other than as stated therein;
2. Any defect in or lien or encumbrance on such title;
3. Unmarketability of such title; or
4. Any lack of the ordinary right of an abutting owner for access to at least one physically open street or highway
the land, in fact, abuts upon one or more such streets or highways;
and in addition, as to an insured lender only;
5. Invalidity of the lien of the insured mortgage upon said estate or interest except to the extent that such invalidii
or claim thereof, arises out of the transaction evidenced by the insured mortgage and is based upon
a. usury, or
b. any consumer credit protection or truth in lending law;
6. Priority of any lien or encumbrance over the lien of the insured mortgage, said mortgage being shown in
Schedule B in the order of its priority; or
7. invalidity of any assignment of the insured mortgage, provided such assignment is shown in Schedule 8.
Title Insurance and Trust Company
by +<&
Copy of Policy No additional liability assumed
President
I
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TO 1012 TILT (8.79) California Land Title Assoctatlon Standard Coversge Pollcy-1973 CAT I
Schedule B Part I
., ,, .., . .,.s., ..,,~ ,,., ,.,,. ,&
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 proyeedings, whether or not shown by the records of such agency or by the public records. I
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 by making inquiry of 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.
6. Any right, title, interest, estate or easement in land beyond the lines of the area specifically described or referred to in Schedule C, or in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing in this
paragraph shall modify or limit the extent to which the ordinary right of an abutting owner for access to a physically open street or highway is insured by this policy.
7. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in
ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law, ordinance or governmental regulation.
8. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records.
9. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not shown by the public records and not otherwise excluded from coverage but known to
the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (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 been a purchaser or encumbrancer for value without knowledge.
10. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by making inquiry of the lessors in the lease or leases described or referred to in Schedule A.
11. The effect of any failure to comply with the terms, covenants and conditions of the lease or leases described or referred to in Schedule A.
Conditions and Stipulations
1. Definition of Terms
The following terms when used in this policy mean:
(a.) “insured”: the insured named in Schedule A, and, subject to any rights or defenses the Company may have had against the named insured, those who succeed to the interest of such insured by
operation of law as distinguished from purchase including, but not limited to, heirs, distributees, devisees, survivors, personal repre- sentatives, next of kin, or corporate or fiduciary successors. The
term “insured” also includes (i) the owner of the indebtedness secured by the insured mortgage and each successor in ownership of such indebtedness (reserving, however, all rights and defenses as to
any such successor who acquires the indebtedness by opera?ion of
law as described in the first sentence of this subparagraph (a) that the Company would have had against the successor’s transferor), and further includes (ii) any governmental agency or instrumentality which is an insurer or guarantor under an insurance contract or guar- anty insuring or guaranteeing said indebtedness, or any part thereof, whether named as an insured herein or not, and (iii) the parties des-
ignated in paragraph 2(a) of these Conditions and Stipulations.
(b.) “insured claimant”: an insured claiming loss or damage
hereunder.
(c.) “insured lender”: the owner of an insured mortgage. (d.) “insured mortgage”: a mortgage shown in Schedule B, the owner of which is named as an insured in Schedule A. (e.) “knowledge”: actual knowledge, not constructive knowledge or notice which may be imputed to an insured by reason of any public records. (f.) “land”: the land described specifically or by reference in Schedule C, and improvements affixed thereto-which by law con- stitute real property; provided, however, the term “land” does not
include any area excluded by Paragraph No. 6 of Part I of Schedule B of this Policy. (g.) “mortgage”: mortgage, deed of trust, trust deed, or other security instrument. (h.) “public records”: those records which by law impart con- structive notice of matters relating to the land.
(CONDITIONS AND STIPULATIONS Continued on the inside of the Last Page of This Policy)
/- ‘ a.-. -. a . - 8’ c
Lw P
CALIFORNIA LAND TITLE ASSOCIATION STANOARD COVERAGE PoCIcY - 1973 ..
SCHEDULE A
POLICY NU. G 1087328
AMOUNT : ~2~078~zaz~50
CHARGE : $49246025
EFFECTIVE DATE: SEPTEMBER 309 1981 AT 8:OO AIM-
1. NAME OF INSURED
THE CITY OF CARLSEA09 A MUNICIPAL CORPORATION
20 THE ESTATE OR INTEREST IN THE LAND DESCRI8ED HEREIN AND HHICH IS COVERED BY THIS POLICY IS A FEE
30 THE ESTATE OR INTEREST REFERRED TO HEREIN IS AT DATE OF
POL?CY VGSTED IN!
THE CITY OF CARLSBADt A MUNICIPAL CORPORATION
SCHEDULE B
THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAHPGEr NGR AGAI%ST
COSTST ATTORNEY'S FEES OK EXPENSESv ANY OR ALL Of dHICH ARISE BY
REASON OF THE FOLLOWINGO
PART I
ALL HATTERS SET FORTH IN PARAGRAPHS NUMBERED 1 (ONE) TO 11 (ELEVE\
INCLUSIVE ON THE INSIDE COVER SHEET OF THIS POLICY UNDER THE HEAOI
OF SCHEDULE B PART X -
PART I1
lo GENERAL AND SPECIAL COUNTY TAXES
FOR THE FISCAL YEAR '= 1981-82
A LIEN NOT YET PAYABLE-
20 AN EASEMENTI AS REFLECTED IN AN INSTRUMENT CREATING OR REAfFII
SAID EASEHENTI AFFECTING THE PORTION Of SAID LAhD AND FOR THE
PURPOSES STATED HEREIN9 AND INCIDENTAL PURPOSES
IN FAVOR OF : SAN OIEGO GAS t ELECTRIC COMPANY
FOR : POCESr WIRES AND ANCHORS
RECOROEO : HAY 3. L9541 OOCUHENT NO- 583'169 IN BOOK 52259 P:
AFFECTS : SAID EASEMENT IS DESCRIBED AS FOLLOUS:
THE SOUTHWESTERLY LINE OF SAID RIGHT OF WAY SHALL BE PARALLEL HITI
OF OFFICIAL RECORDS
1087328 PACE 1
w W
FEET SOUTHWESTERLY MEASURED AT RIGHT ANGLES AND THE NORTHEASTERLY
SAID RIGHT OF WAY SHALL BE PARALLEL WITH AND 150 FEET NORTHEASTERt
MEASUREO AT RIGHT ANGLES FROM THE FOLLOWING DESCRIBEO LINE:
BEGINNING AT A POINT ON THE WESTERLY LINE OF LOT "Fa RANCHO AGUA H
AS SHOWN ON THE PARTITION MAP 823 FILED IN SAN CIEGO COUNTY WHICH
BEARS SOUTH 8T25'ln EAST. A DISTANCE OF 2025008 FEET; THENCE SOU1
-RECORD SOUTH 0'32'00" EAST-, A DISTANCE OF 314.95 FEET FROM CORNE
6'48.36" WEST A DISTANCE OF 1218096 FEET; THENCE SOUTH (r26'L3" Eb
nF SAID LOT w; THENCE FROU SAID POINT OF EECINNING, SOUTH 47O2i"
EAST9 A DISTANCE OF 4165003 FEET; THENCE SOUTH S8°2S*28a EAST9 A C
OF 7495011 FEET TO A POXNT ON THE SOUTHERLY LINE OF SA10 RANCHO A(
HEOIONUA. OISTANT THEREON 486-95 FEET EASTERLY FROM THE INTERSECT1
THE WESTERLY LXNE OF SECTION 239 TOWNSHIP 12 SOUTH9 RANGE 4 HEST9
BERNARDINO MERXDIANt WITH THE SOUTHERLY LINE OF SAID RANCHO AGUA ).
3- AN EASEMENT. AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIP
SAlD EASEMENT. AFFECTING THE PORTION Of SAID LAND AND FOR THE
PURPOSES STATED HEREIN9 AND INCIDENTAL PURPOSES
FOR f POLES. WIRES AN0 ANCHORS
RECORDED : HAY 39 19549 DOCUMENT NO- 583119 IN BUOK 52259 QA
AFFECTS : SAIO EASEMENT IS 100 FEET HIDE AND OfSCRlBED AS FC
SEGINNING AT A POINT ON THE WESTERLY LINE OF LOT '"F" OF RANCHO AGL
HEOIONDA AS SHOWN ON THE PARTITION MAP NO- 823. FILE0 IN THE OFFICE OF COUNTY RECORDER OF SAN OIEGO COUNTY. WHICH PCiNT
SOUTH 8725'91" EASTv A DISTANCE OF 2025.08 FEET; THENCE SOUTH 6'4
&EST, A DISTANCE OF 1218.94 FEET; THENCE SOUTH V26.13" EAST -REO
IN FAVOR Of : SAN OIEGO GAS t ELECTRIC COMPANY
Of OFFIC IAL RECOROS
SOUTH 0'32'00" EAST- A DISTANCE Of 737082 FEET FROM CORhER NO. 6 0
LOT "F"; THENCE FROM SAID P@INT OF BEGIMNINGT SOUTH 67'57'48" EAST
DISTANCE OF 5723016 FEET; THENCE SOUTH 3V32'53a EAST A OISTANCE 0
2776096 FEET; THENCE SOUTH 43'08'53" EAST A DISTANCE Of 460039 FEE
POINT ON THE SOUTHERLY LINE OF SAID RANCHO AGUA HEDIONDA. DISTANT
2612.64 FEET WESTERLY FROM THE INTERSECTION OF THE EASTERLY CINE 0
SECTION 229 TOWNSHIP 12 SOUTH9 RANGE 4 WEST9 SAN BERNAROINO HERIDI
THE SOUTHERLY LINE OF SAID RANCHO AGUA HEOIONDA-
EXCEPTING FROM THE ABOVE DESCRIBEO RIGHT Of UAY. ANY PORTIONS THER LYING WITHIN THE ABOVE DESCRIBED LANDS Of THE GRANTORS THEREIN.
4- AN EASEMENTI AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIR,
SAID EASEMENT9 AFFECTING THE PORTION OF SAID LAND AN0 FOR THE
PURPOSES STATE0 HEREIN9 AND INCIDENTAL PURPOSES
IN FAVOR OF 2 SAN OIECO GAS t ELECTRIC COWANY
FOR : FOtESt UIRES AND ANCHORS
RECOROED : MAY 69 19% IN BOOK 52309 PAGE 131 OF OFFICIAL RCCI
AFFECTS : SA10 EASEHENT IS DESCRIBED AS FOLLOWS:
10 87328 PAGE 2
~.) w
SAID EASEMENT BEING LOO FEET IN WIDTH^ THE CENTER CINE 13~ Sam EAS
RIGHT OF WAY IN THE AFORESAID LANOS IS PARTICULARLY DESCRIBED AS F
BEGINNING AT A POINT ON THE HESTERLY LINE OF LOT "Fa OF RANCHO AGU
HEOIONOA9 AS SHOWN ON THE MAP NO, 823 ON FILE
IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTYt RECORD Of WI.
POINT BEARS SOUTH 87'25'01" EAST A OISTANCE OF 20Zfi.08 FEET; THENC
6*48'36" MEST A OISTANCE OF 1218096 FEET; THENCE SOUTH P26'13" El
-RECORO SOUTH O03t'OOY EAST- A DISTANCE OF 737082 FEET FROM CORNER
OF SAID LOT "F"; THENCE FROM SAID POINT OF BEGINNING9 SOUTH 4FS7'
EAST, A DISTANCE OF 5723016 FEET; THENCE SOUTH 39*32'53" EAST A Dl
OF 2776096 FEET; THENCE SOUTH 43O03'53" E4ST A DISTANCE OF 460.39
A POINT ON THE SOUTHERLY LINE OF SAID RANCHO ACUA HEDIONDAI DISTAf'
THEREON 2612084 FEET UESTERLY FROM THE INTERSECTION OF THE EASTER4
OF SECTION 221 TOWNSHIP 12 SOUTH9 RANGE 4 WEST1 SAN BERNARDINO HEF
WHICH IS THE SOUTHERLY LINE Of SAID RANCHO AGUA HEDIONDA-
THE SIDE LINE Of THE ABOVE DESCRIBED RIGHT OF HAY SHALL BE LENGTH1
SHORTENED SO AS TO TERMIVATE SAID CINE IN THE BOUNDARIES OF THE Af
OESCRIBED PROPERTY-
EXCEPTING FROM THE ABOVE DESCRIBED RIGHT Of MAY. ANY PORTION THERi
LYING WITHIN THE AElOVE DESCRIBED LANOS Of THE GRANTORS HEREIN'
S- AN EASEMENT, AS REFLECTED IN AN INSTKUWENT CREATING OR REAFFIF
SA10 EASEMENT- AfFECTING THE PORTION OF SAID LAND AND FOR THE
PURPOSES STATED HEREIN1 AND INCIDENTAL PURPOSES
IN FAVOR OF : SAN OIEGO GAS C ELECTRIC COMPANY
FOR r POLES- WIRES AND ANCHORS
KECOROED : SEPTEMBER 28t 1954 DOCUMENT NO0 129278- IN BOOK 5:
93 OF OFFICIAL RECORDS
AFFECTS : SAID EASEMENT IS DESCRIBED AS FOLLOWS:
BECINNLNG AT 4 POINT ON THE uESTERLY LINE OF LOT -Fn OF SAID RAW1
HEOIONDAI DISTANT THEREON 698048 FEET SOUTHERLY FROM POINT 8 OF SI
"F"; THENCE NORTH 87*!55*28" EAST A DISTANCE OF 451.77; THENCE SOU'
5T21'32" EAST1 A DISTANCE OF 942-28 FEET0
60 AN EASEMENit AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFII
SAID EASEMENT1 AFFECTING THE PORTION OF SAID LAND AND FOR THE
PURPOSES STATED HEREIN9 AND INCIDENTAL PURPOSES
IN FAVOR OF : SAN OIEGO GAS & ELECTRIC COMPANY
f OR : POLES, WIRES AEID ANCHORS
RECOROEO : SEPTEMBER 279 1957 OOCUHENT NO0 1+76721 IN BOOK 6
AFFECTS : THE ROUTE OF SAID EASEMENT IS DESCRIBED AS FOLLOW'
THE SOUTHWESTERLY LINE OF SA10 RIGHT OF WAY SHALL BE PARALLEL WIT1
FEET SOUTHWESTERCYI MEASURED AT RIGHT ANGLES AND THE NORTHEASTERL'
OF SAID RIGHT OF WAY SHALL BE PARALLEL WITH AND 106 FEET NURTHEAS'
MEASURED AT RIGHT ANGLES FROM THE FOLLOWING DESCRIBED LINE:
25 OF OFFlCIAL RECORDS
1087328 PAGE 3
v rn
BEGINNING AT A POINT ON THE WESTERLY LINE Of SAID LOT "fa OF RANCt-
HEOIONOAT ACCORDING TO PARTITION PAP THEREOF NO. 823 ON FILE *
IN THE OFFICE OF COUNTY RECOWDER OF SAN O'ZEGO COUNTY9 WHICH POiNT
SOUTH 87'25*01" EAST? A DISTANCE OF 20ot5o08 FEET; THENCE SOUTH 6-
UEST9 A DISTANCE OF 1218-96 FEET; THENCE SOUTH r26.13" EAST -RKC
SOUTH 0'32'00" EAST-9 A DISTANCE OF 1047085 FEET FROM CORNER NO. t
LOT "F"; THENCE FROM SAID POINT OF BEGINNINGv SOUTH 34-44'58w EA51
DISTANCE OF 1663.45 fEEf; THENCE SOUTH 28*51*09* EAST A OfSTAlvCE (
5474083 FEET TU A POINT ON THE SOUTHERLY LINE OF LOT "G" OF SAID f
OF RANCHO AGUA HEOXUNDA, ACCORDING TO SAID MAP NO. ent WHICH PcIr
CORNER of SAID LOT -wr SAID CORNER BEING ALSO KNOW AS CORNER Na.
SOUTH 89°55'59" EAST9 A DISTANCE OF 3427040 FEET FROM THE SOUTHWE!
SAID LOT "G"-
THE SIDE LINES OF THE ABOVE OESCRIBEO RIGHT OF WAY SHALL BE LENGTI
AND/OR SHORTENED SO AS TO TERMINATE SAID LINES IN THE BOUNDARIES (
A3OVE DESCRIBEO PROPERTY-
7. COVENANTS9 CONDITIONS AND RESTRICTIONS IN THE DEED
EXECUTE0 BY : TlfLE INSURANCE AND TRUST COMPANY
RECORDED z JUNE 109 19609 RECORDER'S FILE NO. 118922
RESTRICTIONS. If ANY9 BASED ON RACE9 COCORt RELIGION OR NATI'JNAL
ORIGIN ARE DELETED.
rlHLCt-4 PROVIDE THAT A VIOLATION THEREOF SHALL NOT DEFEAT OR RENDER
INVALID THE LIEN OF ANY MORTGAGE OR OEED OF TRUST HADE IN GO30
FAITH AND FOR VALUE0
80 AN EASEMEhlT. AS REFLECTEO IN AN INSTRUMENT CREATING OR REAFfIl
SAID EASEMENT^ AFFECTING THE PORTION OF suo LAND AND FOR THE
PURPOSES STATED HEREINt AND INCIDENTAL PURPOSES
IN FAVOR OF Z EMILY KO SWXTTERSr Ro DEWEY KELLY. MAKINE To SHITI
CONSIOINE IN HER REPRESEN~ATIVE CAPACITY AS EXECU
THE ESTATE Of GENEVIEVE KELLY9 DECEASE0
BARBARA JEAN KO HIGDONI GRAHAM no KELLY AND THALI,
FOR f STREET9 HIGHWAY AN0 PUBLIC UTILITY PURPOSES RECORDED z JANUARY 187 19619 RECORDER'S FILE NO. 9570
AFFECTS : THE SOUTHEKLY BOUNDARY LfYE OF SA10 30 FOOT EASEH
DESCRIBED AS FOLLOWS:
BEGINNXNG AT A 2-INCH IRON PIPE WITH BRONZE CAP MONUMENTING THE C
CORNER OF LOTS F9 G AND H OF RANCHO AGUA HEDIONOA. ACCORDING Til T
fARTITION HAP THEREOF NO- 823s FILED IN THE OFFICE OF COUNTY RECO
SAN DIEGO COUNTY9 NOVEMBER 16t 18961 SAID CORNER BEING CORNER 12
PIPE MARKING CORNER 11 OF LOT G -CORNER 10 OF F- NORTH 71°ZS0 EAS
PIPE MARKING CORNER LO OF LOT G -CORNER 11 OF F- (SOUTH 5T45' EA
HONUMNETING CORNER 9 OF LOT G (CORNER 12 OF f 1 -NORTH 1943' EAST
AND CORNER 9 OF LOT F; THENCE NORTH 7V56'O6' EAST 546-73 FEET 70
FEET PER MAf 823-; THENCE SOUTH 5T47.49" EAST 19175-89 FEET TO A
FEET PER MAP 823-; THENCE SOUTH 8746'32" EAST 646090 FEET TO A L
1087328 PACE 4
v -
PER MAP 823"
SAID 30 FOOT HIDTH OF EASEMENT SHALL BE MEASURED AT RIGHT ANGLES 1
AFORESAID VARIOUS COURSES ALONG THE SOUTHERLY BOUNDARY THEREOF, fb
NORTHERLY BOUNDARY OF SA10 EASEMENT TO BE SHORTENEO OR LENGHTENED
NECESSARY TO INTERSECT THE WESTERLY BOUNDARY Of LOT f BETWEEN COi
AND 13 THEREOF o
THE PRIMARY COURSES AND DISTANCE HEREINABOVE GIVEN AKE THOSE
APPEARING UPON RECORD OF SURVEY NO. 5715, RECORDED
IN THE OFFICE OF COUNTY RECORDER aF SAN OIEGO COUNTY, DECEMBER w
SAID INSTRUMENT, AMONG OTHER THINGS, PROVIDES
GRANTOR HEREBY FURTHER GRANTS TO SAID GRANTEES* THEIR HEIRS AN1 DEVISEES, SUCCESSORS AND ASSIGNS, THE CONTINUING RIGHT OF GRAN'
EASERENTS FOR PUBLIC UTILITY USES AND PURPOSES IN, UNDER- OVER
ACROSS SAID EASEHENTr AND TO DEOXCATE THE SAME FOR PUBLIC STREI
HIGHWAY PURPOSES; RESERVING AND EXCEPTING, HOWEVERr TO CRAFtTOR
AND XNDEPEWDENT RIGHT TO GRANT SUCH UTILITY EASERtNTS THEREIN ,
DEDICATE SA10 EASEMENT-
THE EASEMENTS AND RIGHTS HEREIN GRANTED TO GRANTEES ARE AND SH1
APPURTENANT TO LANDS OR INTIiRESTS THEREIN OF THE GRANTEES, THE
AND DEVISEES? SUCCESSORS AND- ASSIGNS* INDI VIDUALLY AND COLLECT
IN AND TO ALL LANDS OR INTERESTS THEREIN OWNED BY THEM OR ANY I
IN fiITHER LOTS f OR G OF KArJCHO AGUA HEDIONOA-
GRANTOR FURTHER EXPRESSLY EXCEPTS AND RESERVES THE RIGHT Of CO
USE OF SAID EASEMENTI AN0 TO GRANT TO OTHERS SIMILAR NON-CUNFL
RIGHTS THERE IN-
THIS EASEMENT AN0 OTHER RIGHTS HEREIN GRANTED ARE GRANTED IN P
CONSIDERATION OF THE HAIVER 8Y1 AND EXTINGUISHREM OF ANY AND
PRESCRIPTlVfi OR ANCIENT ROADHAY RIGHTS AND EASEMENTS HELD BY Ci
OR ANY OF THE# IN SAID "DESCRIPTION NO- 2" LANDS OUTSIDE OF TH
BOUNDARIES OF THIS .EASEMENT* IT BEING AGREED THAT THIS EASEPE
CORRECTLY DESCRIBES A PORTION CF AN ANCIENT COMMON ROADWAY; AN
ACCEPTANCE OF THIS GRANT OR EXERCISE OF ANY RIGHT OR BENEFIT G
HEREBY? BY ANY GRANTEE9 HIS HEIR OR OEVfSfE? SUCCESSOR OR ASS1
BE AND CONSTITUTE CONCLUSIVE EVIDENCE OF SUCH WAIVER AN0 EXTIN
AS TO SUCH PERSON SO ACCEPTING OR EXERCISING ANY SUCH RIGHT OR
90 AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFI
SAID EASEMENT9 AFFECTING THE PORTION of SAID LAND AND FOR THE
PURPOSES STATED HEREINI AND INCIDENTAL PURPOSES
IN FAVOR Of : SAN OIEGO GAS & ELECTRIC COMPANY
FOR : POLES, HIRES AN0 ANCHORS
RECORDED : MAY 111 1961, RECORDER'S FILE NO* 81362
Af FELTS : AN EASEMENT AND RIGHT OF WAY HITHIN THAT CERTAIN
1087328 PAGE 5
.. v m
STRIP- THE CENTER LINE OF WHICH IS PORE PARTICULAF
DESCRIBEC AS FOLLOHS:
BEGINNING AT CORNER NU- 17 OF SAIO LOT "F"T 6EING ALSO CORNER NO0
"G" OF SAID RANCHO AGUA HEOIONUAt AS SHOW?I ON SAID HAP NO- 823; TI
NORTH 6V29.30" EAST -RECURD NORTH 79'20' EAST, MAP NO- 823- ALON(
EAST PROLONGATION OF THE SOUTHERLY LINE Of SAIO LOT "FH9 70-19 FEE
THENCE NORTH 38-35' NEST IRECORD NORTH 38-47' HEST RECORD OF SURVf
682) 30031 FEET; THENCE SOUTH 79'17'30" WEST (RECORD SOL1TH 79-42.;
DEED, ALONG A LINE PARALLEL kITH AN0 460.00 FEET NORTHERLY9 HEASUf
RIGHT ANGLES9 FROM THE NORTHERLY LINE OF THOSE CERTAIN PARCELS OF
OESCRIBED IN DEEOS TO THE COUNTY OF SAN OIEGOI A POLITICAL SUBOIVl
THE STATE OF CALIFORNIA. RECOPOEO FEeRUARY 17~ 1958 IN EOOK 6952~
AND JUlYE 239 1958 IN BOOK 71339 PAGE 416 OF OFFICIAL RECORDS OF Si
COUNTY OF SAN DIEGOT AS SAID LINE IS MONUMENTED BY THE COUNTY Of 1
DIEGO ON THE GROUND AS Of THE OATE Of THIS XNSTRUMENT A DISTANCE I
5~461-07 FEET; THEhrCE NORTH 56m12' uESTT 891076 FEET; THENCE SOUTl
79'19'15" MEST. 902-66 FEET; THENCE NORTH 8V47'07" kEST9 1~68301
THENCE NORTH 74-59'30'' UESTT 58-02 FEET TO A POINT ItJ THE SOUTHEA!
LINE OF SAID LOT "F"9 DISTAQT THEREON NORTH 6T 18'tS" EAST (RECOKI
62-0U' EAST9 MAP NO- 8231 11-29 FEET FROM CORNER NO- 13 Of SAID LC
BEING ALSO CORNER NO* 8 OF SAX0 LOT "G" OF SAID RANCHO AGUA HEDIOI
THE SIOE LINES OF THE HEREINBEFORE DESCRIBEO RIGHT Of MAY 20 FEET
WIDTH9 SHALL BE LENGTHfNED AND/OK SHORTENED SO THAT SAIO SIDE LINi
BE CONTINUOUS AND SHALL TERMINATE IN THE BOUNDARIES Of THE ABOVE I
LANDS i)F THE GRANTOR HEREIN-
100 Ati EASEMENTr AS REFLECTEO IN AN INSTRUPENT CREATING OR REAFF'
SAID EASEHENTI AFFECTING THE PORTION OF SAID LAND AN0 FOR THE
PURPOSES STATED HEREIN9 AND INCIDENTAL PURPOSES IN FAVOR OF : SAN ClEGO GAS C ELECTRIC COMPANY
FOR : GAS PIPE LINES
RECOROEO : MAY 151 1961~ RECORDER'S FILE NO- 82981
AFFECTS : THE CENTER LINE OF SA10 20 FOOT EASEMEhT AND RLGH'
IS PARTICULARLY DESCRIBEO AS FOLLOWS:
BEGINNING AT A POINT IN THE SOUTHEASTERLY LINE OF SAID L;IT "Fa, 0
THERtON NORTH 63' 18'25a EAST (RECORD NORTH 62'00' EAST9 MAP NO- 8
FEET FROM CORNER NO. 13 OF SAID LOT "Far BEING ALSO CORNER NO- 8 1
LOT mGa OF SAID RANCHO AGUA HEDIONDA; THENCE NORTH 74*59'30n WEST
FEET; THENCE SOUTH 68-15' WEST (DEED SOUTH 88'08'33a WEST) ALONG
PARALLEL WITH AND 10000 FEET SOUTHERLY9 MEASURED AT RXGHT ANGLES
SOUTHERLY BOUNOARY LINE OF THAT PARCEL OF LAND CONVEYED TO J- BLA
ET ALI BY OEEO RECORDED JUNE LO+ 1960. AT RECORDER'S FILE NO- 11
OF OFFICIAL RECOROS OF SAID COUNTY Of SAN DIEGO+ A DISTANCE OF 41
FEET; THENCE NORTH 6T43'30" EAST (DEED NORTH 67 ~LI'MP HEST! At0
PARALLEL WITH AND 10-00 FEET SOUTHUESTERCYI MEASURED AT RIGHT ANG
THE SOUTHWESTERLY BOUNDARY OF SAID QACE LAND9 A OISTANCE OF 67000
THENCE LEAVING SAID SOUTHHESTERLY BOUNDARY CINE AMI CONTINUING NO
6r43'3on WEST. A DISTANCE OF ~711.t~ FEET; THENCE NORTH a3-19'15
1087328 PAGE 6
- w
376-08 FEET TO THE WESTERLY LINE Of SAID LOT "f"9 BEING ALSO THE Ed
LINE Of LOT =H" OF SAID RANCHO AGUA HEDIONDAp DISTANT THEREON NORTI
0'23'30' UEST (RECORD NORTH 0'32' HEST) 50.10 fEfT FROM THE SOUTHE
CORNER OF Law DESCRIBED IN OEED TO SAN DIEGO GAS G ELECTRIC cow
A CORPORATIONv FILE0 IN THE OFFICE Qf COUNTY RECORDER .OF SAN OIEGO
OATEO APRIL 159 1952 AN0 RECORDED MAY ZT 1952- AS WCUPENT NO- 54
IN BOOK 4456, PAGE 49 OF OffICIAC RECOROS OF SAID COUNTY Of SAN 01
THE SIOE LINES OF THE HEREINBEFORE DESCRIBED RIGHT OF WAY9 20 FEET
HIOTHI SHALL BE LENCHTENED A&D/OR SHORTENEO SO THAT SAIO SIOE LINE
BE CONTINUOUS AND SHALL TERMINATE IN THE BOUNDARIES i3F THE ABOVE 0
LANDS OF THE GRANTOR HEREIN-
EXCEPTING FROM THE ASOVE DESCRIBED RIGHT OF WAY ANY PORTION THERE0
LYING kITHIN THE ABOVE DESCRISED LANDS OF THE GRANTOR HEREIN.
110 AN EASEMENT9 AS REFLECTED IN AN INSTRUMENT CREATING OR REAfFI
SAID EASEMENTr AFFECTING THE PORTION Of SAID LAND AND FCR THE
PURP3SES STATED HEREIN9 AND INCIOENTAL PURPOSES
IN FAVOR Of 2 TITLE INSURANCE AVO TRUST COMPANY- A CALIFORYIA
FUR : ROAD9 SEhER9 WATER9 GAS. POWER AND TELEPHONE LIN€S
CORPORATION
APPUKTEQANCES THERETO
RECOROfD : DELIEMBER 69 19619 REC05DERD5 FILE N3r 210609
AFFECTS 2 THE NORTHWESTERLY 30 FEET OF PARCEL 3
12- AN EASEMENT? AS REFLECTEO ih( AN INSTRUMENT CREATING OR REAFFI
SAID EASEMENT9 AFFECTING THE PORTION OF SAID LAND AND FUR THE
PURPOSES STATED HEREIN9 AND INCIDENTAL PURPOSES IN FAVOR Of : CARLSBAD MUNICIPAL XATER OISTRICTt A MUNICIPAL biAT
F OK : INGRESS AND EGRESS
RECOROED : JULY 27, 19621 RECORDER'S FILE NO- 127706
AFFECTS : ALL THAT PORTION Of RANCHO AGUA HEDIONOAT IN THE C
CIF SAN OIEGO, STATE OF CALIFORNIAT ALCORDING AND A
ON PARTITION MAP THEREOF NO- 8239 FILfO IN THE OFF
COUNTY RECOROER OF SAN OIEGO COUNTYI NOVEMBER L69
DISTRICT
dOUNOEO AND DESCRIBED AS FOLLOdS:
BEGINNiNG AT A QOTNT ON THE NORTHERLY LIFlE OF PORTION OF LOT wF" C
FEET FROM CURNfR COMMON TO LOTS "F"T "H" ANC "i" Of SAIO RANCHO AG
HEOIONOAT SAID CORNER BEING KNOWN AS POINT 6 OF LOT "far SAID POIN
RANCHO AGUA HEDIONOA~ WHICH POINT IS DISTANT SOUTH 87'2S'01n EAST
BEGINNINC; BEING ALSO THE NORTHEAST CORNER OF THE LANO DESCRIBED IN
SAN DIEGO GAS & ELECTRIC COMPANY9 A CORPORATIONt FILED IN THE OFF1
THE REGISTRAR OF LAND TITLE+ JUNE 169 19539 AS OOCUMENT NO- 30674
ALONG THE EASTERLY BOUNDARY OF SAID SAN DIEGO GAS & ELECTRIC COMPA
LANOT SOUTH 6.48.56" UEST 1218.96 FEET TO A STONE MOUND KNOWN AS fJ
OF SAID LOT "F"T SAID POINT ALSO THE SOUTYEAST CORNER OF SAID SAN
GAS & ELECTRIC COWPANYoS LAND; THENCE ALONG THE EASTERLY LINE OF T
1087328 PAGE ?
w w
DESCRIBED IN DEED TO CHARLES CIIo PARTRIDGE* RECORDED AUGUST 6t k913
623+ PAGE 135 of= DEEOS. ~2~3.00 fEET TO A STONE HOUND KNOW AS PorN
THENCE NORTH 71-25' EAST 547.00 FEET TO A STONE MOUND KIVUNN AS POIN
THENCE SOUTH 59-45' EAST 1180-00 FEET TO A STOrYE MOUND KNOWN AS POI
THENCE NORTH 7CT43* EAST 647.00 FEET TO A STONE MOUND KNOWN AS POfN
THENCE NORTH 30'53' EAST 1587.00 FEET TO A STONE WUNO KNOWN AS POI
THENCE NORTH 62' EAST 1154000 FEET TO A STONE MOUND KYOkN AS POINT
THENCE ON A OIRECT LiNE NORTHERLY TO A STONE MOUNO KNOWN AS POINT 5
THENCE NURTH 87*25*01a UEST ALONG SAID NORTHERLY 11NE OF A PORTION
LOT "fa FIRST ABOVE MENTIONEO TO THE POINT Of BEGINNING-
EXCEPT THEREFROM THAT PORTION DESCRIBED AS FOLLOWS:
BEGINNING AT POIVT 5 OF SAID LOT Vm; THENCE ALONG THE NORTHERLY LI
SAID LOT "fa NORTH 87'25'01" WEST lZ0OmOO FEET; THENCE AT RIGHT ANG
SOUTH 2'34'59" W€ST 740*00 FEET; THENCE PARALLEL WITH SAID NORTHEKL
SOUTH d7'25°01Y EAST 1400100 FEETI MORE OR LESS? TO A PGINT IN A ST LINE WHICH CONNECTS POINTS 5 AN0 14 OF SAID LOT "Fa; THENCE QORTHER
ALONG 5AID STRAIGHT LINE TO THE POINT OF BEGINNING-
ALSO EXCEPT THEREFROM THAT CERTAIN PORTION OF LOT nF" OF RANCHO AGCl
HEDIONDA, ACCORDIWG TU MAP THEREOF NO- 823, FILED IN THE OFFICE OF
RECORDER OF SAN DIEGO COUNTY~ DESCRIBED AS Fouw:
dEGINNIhiG AT A POINT ON THE NORTHERLY aOUNDARY LINE OF SAID LOT "F"
CORNER OF SAID LOT "F" SHOWN AS POINT 5 UF SAID LCT "F" ON MAP NO.
THEYCE AT RIGHT ANGLES TO SAID NORTHERLY BOUNDARY LINE SOUTH r34.C
DISTANT THEREON NORTH 87'25'56'' WEST LZOOoOO FEET FROM THAT CERTAIh
HEST 740000 FEET; THENCE ALONG A LINE PARALLEL WITH SAID NORTHERLY
BOUNDARY &IN€? SOUTH 87'25'56" EAST 507.93 FEET; THENCE AT RIGHT Ah
SOUTH 2'34'04" HEST 1803037 FEET; THENCE SOUTH 88-08'33" HEST 365.3
THENCE NORTH 67'50'06a WEST 670.03 FEET; THENCE NORTH 4P 36'04'' WES
L215*96 FEET; THENCE rJORTH L4°51'5j" WEST 1577oLT FEET TO A POINT C
ABOVE-MENTIONED NORTHERLY BOUNDARY LINE OF SAID LOT "Fa; THENCE ALC
NORTHERLY BOUNOARY LINE SOUTH 87-25'36" EAST 1837.17 FEET TO THE PC
BEGINYING,
EASEMENT TO BE ALSO TOGETHER UITH THE RIGHT OF INGRESS THERETO AN0
THEREFROM BY AN0 OVER A PRACTICAL ROUTE-
SAID DEED OOES NOT CONTAIN THE LOCATION OF SAID EASEMENT-
13- AN EASEMENTS AS REFLECTED IN AN XNSTRUMENT CREATIhG OR KEAFFIF
SAID EASEMENT* AFFECTING THE PORTION OF SAID LAND AN0 FOR THE
PURPOSES STATED HEREIN? AND INCIOENTAL PURPOSES IN FAVOR OF : CARLSBAO WNICIPAL WATER OISTRICT
FOR f PIP€LINE
RECORDED t JULY 27r L962. RECORDER'S FILE NO. 127707
AFFECTS : THE CENTER LINE OF SA10 20 FOOT EASEMENT OF RIGHT (
IN THE AFORESAIO LAND IS PARTICULARLY OESCRIBEO AS
FOCLO+dSt
1087328 PAGE 8
W w
BEGINNING AT POINT 11 OF LOT FT BEING ALSO POINT 10 OF LOT GT PARTI
RANCHO AGUA HEOIONOA, AS SHOWN ON SAID MAP NO- 823; THENCE ALONG TH
aOUNDARY OF SAID LOT FT SOUTH 89'13'38* EAST 647-02 FEET TO POINT 1
SAID LOT F; THENCE LEAVING SAIO LOT F BOUNDARYT NORTH O'Q6'22" EAST
FEET; THENCE SOUTH 8V13'30" EAST 50mOO FEET TO THE TRUE POINT OF
BEGINNING; THENCE RETRACING NORTH 8V13'38" HEST 50.00 FEET AND
CONTINUING NORTH 89'13*38" WEST ALONG A LXNE PARALLEL WITH AN0 10-0
NORTHERLY LIF THE BOUNDARY COURSE CONNECTING SAID POIrJTS 11 AN0 12 C
LOT F 644-35 FEET; THENCE ALONG A LINE PARALLEL HITH AN0 10-00 FEET
NORTHEASTERLY of THE BOUNDARY COURSE CONNECTING PaINTs 10 AND 11 OF
LOT f NORTH 5VlE*S7" UEST lL77-90 FEET; THENCE ALONG A LINE PAPALC
WITH AND 10,tl)O FEET NuORTHERLY OF THE BOUNDARY COURSE CONNECTING POI
AND 10 OF SAID COT F9 SOUTH 71'32'20" HEST 558032 FET; THENCE NORT
7L'32*28m EAST 27.65 FEET; THENCE NORTH 18'27.32" WEST 99-62 FEET-
A STRIP OF LAND 20 FEET IN WIOTHw LYING 5 FEET TCJ THE LEFT 4ND 15 F
THE RXGHTT LOOKING IN THE DIRECTION OF THE TRAVERSE OF THE FOLLCkIN
DESCRI6)ED LINE:
dEGlNNING AT POINT 9 OF LOT GI BEING ALSO POINT 12 OF LCT Fv PARTIT
RANCHO AGUA HEDIONDA9 AS SrlOwN ON PARTLTION HAP THEREOF NO- 8239 FI
IN THE OFFICE Of COUNTY RECORDER OF SAN OXEGO COUhTYt NOVEMBER 169
THENCE NORTH 8'T46*32" UEST ALONG THE COMMON KJUNOARY dETWEErY SAID
THENCE LEAVING SAID COMMON 8ilUIYDARY BETWEEN LOTS F AVO GI NORTH 40'
tAST 1L36.42 FEET; THENCE'YOKTH 2'35*38" EAST 460000 FEET-
AND G AS SHOWN ON SAID YAP 823~ 19-68 FEET TO THE TRUE POINT OF 6EG
THE BASIS OF BEARINGS FOR THIS DESCRiPTION IS THE COMVCJFi BOUNOARY E
SAID LOTS F AN0 G EXTENOING FROM THE COMMON POINT 3 LOT C AN0 12 LC
THE COMMON POINT 10 COT G AND 11 LOT F AT 8946.32" ST AS SHOkhr C
KECOKO OF SURVEY NO- 5715 FILED IN THE OFFICE OF COUNTY RECORDER Of
DIEGO COUNTY9 CALIFORNIAo
14- AN EASEHENTI AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIF
SAID EASEMENTI AFFECTING THE PORTION OF SAID LAND AND FUR THE
PURPOSES STATED HEREINT AND INCIDENTAL PURPOSES
IN FAVOR OF t SAN OIEGO GAS & ELECTRIC COMPANY
F OR : POLEST WIRES AND ANCHORS
RECORDED : AUGUST 8, 19629 RECORDER*S FILE NO- 135132
AFFECTS : WITHIN THAT CERTAIN 12 FOOT STRIP OF !.Ah01 f3EING 6
EACH SIDE OF THE FOLLOWING DESCRIBE0 CENTER LINE:
COMMENCING AT POINT NO- 8 OF SAID LOT "Gar WHICH BEARS SOUTH 62.00'
FROM POINT NO- 7 OF SAID LOT @'G"; THENCE FROM SAID POINT NO- 89 NOF
74'25*+7a HEST9 224.44 FEET; THENCE NORTH 83-09*09n EAST9 128063 FE
THENCE NORTH 63°12'09a EAST 554-67 FEET; THENCE NORTH BCT 31*54" EA!
328.62 FEET TO THE TRUE POINT OF BEGINNING Of SAID CENTER LINE OF f
OF WAY; THENCE FROM SAID TRUE POINT OF BEGINNING. SOUTH 8P31'54* b
303.62 FEET; THENCE NORTH lS0O7*59" WEST TO THE NORTHWESTERLY LINE
HEREIN DESCRI8ED PROPERTY-
1087328 PAGE 9
'W -. .:
AS- AN EASEMENT+ AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFlP
SAID EASEHENTI AFFECTING THE PORTION OF SAID LAW AND fCR THE
PURPOSES STATED HEREIN+ AND INCIOENTAL PURPOSES
IN FAVOR OF : SAN DIEGO GAS I; ELECTRIC COMPANY
FOR : POLES9 WXRES AND ANCHORS
i4ECORDED Z AUGUST 8, 1962. RECORDER'S FILE NO- 135140
AFFECTS : THE RIGHT OF WAY THEREOF IS PARTICULARLY DESCRIBED
f OLt OWS :
A STRIP dF LAND 12-00 FEET IN WIDTH+ BEING 6-00 FEET ON EACH SIDE E
FOLLUHING DESCRIYED CENTER LINE:
COMMENCING AT POINT 13 Of SAID LOT "F", SA10 POINT BEING POINT 8 01
"G" ilF SAID RANCHO AGUA HEDIONOA9 SAID POINT BEARS SUUTH 62'00' HE!
POINT 14 OF SAID LOT "F"; THENCE FROM SAID POINT 139 NORTH 74.25'4:
CIF PEGINNING OF SAID CENTER CINE OF RIGHT OF WAY; THENCE FROY SAID
POINT OF BEGINNING+ NORTH 80'0l'Sb" EAST+ 303-62 FEET-
ALSO: SEGINNING AT SAID TRUE POINT OF BEGfNNIhrG; THtNCE SOUTH 63'
HEST+ 554.67 FEET TO A POINT HEREINAFTER KNUHW AN0 DESIGNATED AS P(
"A"; THENCE SOUTH i$3°09'09a wEST9 244042 FEET TO A PllINT HEREINAFT1
224.44 FEET; TYENCE NORTH 63'LL'09" EAST, 554-67 FEET TO THE TRUE I
AN0 OESIGNATED AS POINT "6"; THENCE SOUTH 8r09'31" NEST9 319.98 F1
POINT' HEREINAFTER KNOWN AND DESIGNATED AS POINT "C"; THENCE NORTH
67°48'59" MEST+ 1017.56 FEET TO A POINT HEREINAFTER KNOirrN AND DESI(
AS PUIE~T "0"; THENCE SOUTH ea0 33'39- #ESTI 369-90 FEET TO A POINT
HEREINAFTER KNOWN AN0 DESIGNATE0 AS POINT -E"-
ALSO: A RIGHT OF HAY FOR THE HEREIN0EFOKE DESCRIBED PURPOSES dITH
CERTAIN 4-0 fOOT STRIPS OF LANO BEING 2.0 FEET ON EACH SIDE OF THE
FOLLOWING OESCHIBED CENTER LINE:
1- BEGII'JNING AT SAID TRUE POINT OF BEGINNING; THENCE NORTH lV07'
'dESTI d4-0 F€€T-
21 BEGINNING AT SAID POINT "A"; THENCE SOUTH 16'49'21" EAST9 L5.0
3- BEGINNING AT SAID POINT "A*; THENCE SOUTH 4-20.40" EAST. 25.0
+- YEGINNING AT SAID POINT "C"; THENCE SOUTH 1V IO'l6" WEST* 25.0
5r BEGINNING AT SAID POINT "0"; THENCE NORTH l(rZZ'Z0" EAST9 83.3
6. BEGINNING AT SAID POINT "E"; THENCE SOUTH 14'3S916" HEST+ 25.0
16- AN EASEHENTI AS REFLECTED IN AN INSTRUUENT CREATING OR REAFFI
SA10 EASEMENT9 AFFECTING THE PORTION OF SAID LAND AN0 FCR THE
PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES
IN FAVOR OF : CARLSBAO MUNICIPAL WATER DISTRICT
F OR : PIPELINE OR PIPELINES
1087328 PAGE 10
w w
RECORDED 2 JANUARY i6. 1963. RECORDER'S FILE NO- 9115
AFFECTS : 15.09 FOOT WIOE EASEMENT OF RIGHT OF UAY IN THE AFa
LANDS IS PARTICULARLY OESCRIBED AS FOLLCUS:
BEGINNING AT A POINT ON THE NORTHERLY BOUNDARY LINE OF SAID LOT "Fa
DISTANT THEREON NORTH 87-2s*s6* WEST 1200 FEET FRO~ THAT CERTAIN ca
SA10 LOT "F" SHOUN AS POINT NO. 5 OF SAID LOT "Fa ON SAID MAP NO- 8
THENCE AT RIGHT ANGLES TO SAID NORTHERLY BOUNDARY LINEt SOUTH 2-34.
MEST 740 FEET; THENCE ALONG A CINE PARALLEL HITH SAID NORTHERLY Bot
CINE, SOUTH 87-25'56- EAST 507-93 FEET; THENCE AT RIGHT ANGLES SOU1
Z'34°04" WEST 1803.37 FEfT TO THE TRUE POINT OF BEGINNING; THENCE 5
a8-08*33= HEST 15.00 FEET; THENCE NORTH 2-34904" EAST 40.00 FEET; 1
NORTH 8F08*33w EAST 15-00 FEET; THENCE SOUTH 2-34'04" WEST 40-00 F
THE iRUE POINT OF BEGINNING-
17- AN EASEMENTI AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIF
SAID EASEMENT9 AFFECTING THE PORTION Of SAID LAhO AN0 FCR THE
PURPOSES STATED HEREIN* AND INCIDENTAL PURPOSES
QECORDED z OCTOBER 39 1963. RECORDER'S FILE NO- k77051
AFFECTS : OVER THE NORTHHEST 30 FEET OF PARCEL 3
I.80 AN AGREEMENT TO WHICH REFERENCE IS HEREBY MAOE FOR FULL
PARTICULARS
DATE0 : OCTOBER. 1963
dY AND BET'dEEN : INVESTMENT SECURITIES CORPORATIUNt A CALIFORNIA
REGARDING
RECOROEO : MARCH 26. 19649 RECORDER'S FILE NO- 55458
SA10 MATTER AFFECTS:
CORPORATION, ET AL
A MUTUAL EASEMENT .
AN EASEMENT AND RIGHT OF WAY FOR ROAD PURPOSES OVER A STRIP OF 1
fEET WIDE IN LOTS "F" AND "I" OF RANCHO AGW HEDIONDAt IN THE CC
Of SAN DIEGOT STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO-
FILED IrY THE i3Ff ICE OF COUNTY RECOROER OF SAN DIEGO CUUNTYr "VOVE
169 18969 THE CENTER LINE OF SAID 66 FOOT STRIP BEING THE CENTEF
Of A JRAVELLEO HARD SURFACED ROAD AS SHOhM ON THE ATTACHEO HAP E
nEXHIeIT A" AN0 DESCRIBED APPROXXHATELY AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF IHE CENTER LINE OF EL CAMINO RE
ALSO KNOWN AS ROAD SURVEY NO- 6829 ACCORDI% TO MAP THEREOF ON f
NORlHEASTERLV PROLONGATION OF THE CENTER LINE OF SAID TRAVELLED
SURFACED ROAD BEING APPROXIMATELY ENGINEER'S STATION 100 PLUS 3(
ALONG SAID PROLONGATION. 20 FEETI MORE OR tf SSr TO THE SOUTHWE51
EXHIBIT "A" ATTACHEO AND BEING THE TRUE POINT OF SEGINNING OF Tt
HEREIN DESCRIBED CENTER LINE; THENCE SOUTHUESTERLY ALONG THE CEt
LINE OF SAID TRAVELLED ROAD. 740 FEET TO POINT "8" AS SHOUN ON !
EXHIBIT "Aw; THENCE SOUTHWESTERLY AND SOUTHERLY ALONG SAID CENT€
OF THE TRAVELLED ROAD TO A ROAD JUNCTION AT POINT nCm AS SHOWN (
THE OFFICE OF COUNTY SURVEYOR oF SAN DIEGO COUNTY. HITH THE
ACCORDING TO SAID MAP OF ROAD SURVEY NO- 682; THENCE SOUTHWESTEI
RIGHT OF UAY OF SAID ROAD SURVEY NO- 682. BEING POINT -A" AS SH(
I087328 PAGE AI
-* w W
EXHIBIT "A" BEING AT OR NEAR THE NORTHEAS1 CORNER OF THE LAND Dl
IN DEED TO SAN DIEGO GAS t ELECTRIC COYPANY9 REGISTEREO
REGISTRAR OF LAND TITLES FOR SAN DIEGO COUNTY AND BEING A POINT
JUNE 161 1953 AS DOCUMENT NO- 30674 IN THE OFFICE OF THE COUNTY
NEAR IHE NORTHERLY LINE OF SA10 LOT "Fa-
ALSO: AN EASEMENT AND RIGHT OF WAY FOR ROAO PURPOSES OVER A ST1
LAN0 50 FEET UIOE IN LOTS "Fa AND "I" OF RANCHO AbUA HEOIONDAt
COUNTY OF SAN DIEGOI STATE OF CALIFORNIA9 ACCORDING TO MAP THER
823~ FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY
NOVEMBEA 16, le969 THE CEIVTER LINE OF SAID 50 FOOT STQIP BEING
CENTER LINE OF PROPZISED ROAO NO- 69 SHOWN ON THE ATTACHED HAP E
"A" AND DESCRIBED APPROXIMATELY AS FOLLOUS:
BEGINNING AT POINT "B"T AS SHOWN ON SAID EXHIBLT "A"; THENCE
SOUTHEASTERLY ALONG THE POST PRACTICAL RCLJTET APPROXIMATELY 180
THENCE SOUTHWESTERLY ALONG THE HOST PRACTICAL ROUTEI APPROXIMAT
FEET; THENCE ~JESTERLY APPROXIMATELY 250 FEET TO A POINT ON OR. N
COMMON BOUNDARY SETUEEY SAID LOTS "F" AND "in; THENCE SCIUTHERLY
OR PARALLEL WITH SAID COMMON BOUNDARY APPROXIMATELY BOO FEET; T
SOUTHHESTERLY ALONG THE MOST PRACTICAL RCUTE APPPUXIPATE~Y Lou0
POINT "H" AS SHOWN ON SAID EXHIBIT "A"-
190 AN EASEMENT9 AS REFtECTED IN AN INSTRUMENT CREATING OR REAFFJ
SAID EASEMENT+ AFFECTING THE PORTION OF SAID LAND AND FCR THE
PUAPOSES STATED HEREIWI AND INCIOENTAL PURPOSES
IN FAVJR OF : THE PACIFIC TELEPHONf AND TELEGRAPH CGMPANY
f OR : UNOERGROUND COMMUNICATION STKULTURES
KECOKDCD : MARCH 269 19659 RECORDER'S FILE NO- 94777
Af FELTS : THE SOUTHWESTERLY LO FEET OF PARCEL 3
20. AN EASEMENT, AS REFLECTEU IN AN INSTRUPENT CREATIhG OR RE4FFI
SAID EASEMENT, AFFECTING THE P3RTION OF SAID LAND AND FGK THE
PURPOSES STATED HEREIN, AND LNCIDENTAL PURPOSES
IN FAVOR Of t SAN DIEGO GAS & ELECTRIC COMPANY
f OK : fOLES, HIRES AlYO ANCHORS
RECORDED : MARCH 29 19669 RECOR0ER.S FILE h(O- 36709
AFFECTS : THE CENTER LINE OF SA10 RIGHl Of WAY IN THE AFORE'
LANDS IS PARTICULARLY DESCRI8ED AS FOLLOrlS:
COMMENCING AT A POINT ON A LIYE COMMON TO SAID LOTS "F" AND "G"T 1
THEREON SOUTH 62- 00'00" WEST. 476071 FEET FROM CORNER NO. 7 OF SA "Gat THENCE NORTH 52'16*00" WEST. LO9-70 FEET TO THE TRUE POINT 01
BEGINNING OF SAID CENTER LINE OF RIGHT OF HAY; THENCE FROM SAID TI
POINT OF BEGINNING9 SOUTH 52'16'00" EAST9 1282145 FEET-
ALSO: BEGINNING AT SAIO TRUE POINT OF EEGINNING; THtNCE NORTH 79'
EAST. 285090 FEET-
ALSO: BEGINNING AT SAID TRUE POINT Of BEGINNING; THENCE SOUTH 69'
MEST, 299-20 FEET,
1087328 PAGE 12
I w
ALSO: BEGINNING AT SAID TRUE POINT Of BEGINYING; THENCE NORTH 30'4
WEST TO THE NORTHWESTERLY LINE OF THAT CERTAIN DEED RECORDED
DECEMBER 69 19619 RECORDER'S FILE NO- 210609 OF GFFICIAL RECORDS a
COUNTY OF SAN DIEGO9 A OISTANCE OF 33 FEET MORE OR LESS0
210 AN EASEMENT9 AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIR SAID EASEMENT? AFFECTIIVG THE PORTION OF SAID LAW AND FOR THE
IN FAVOR OF : RObERT 9. KELLY AND RICHARD C, KELLY
KECOKOEO f DECEMBER 30, 19669 RECORDER'S FILE NO- 201889
AFFECTS : AN EASEMENT 10 FEET IN WIDTH FOR PUBLIC UTILITY PUF
THE SOUTHERLY LINE OF SAID EASEMENT BEING OESCRIBEC
FOLLOWS:
PURPOSES STATED HEREIN- AN0 INCIDENTAL PURPOSES
F aK : PUBLIC UTTLITIES
BEGINNING AT SAID ABOVE HENTIUNEO POINT 7 OF LOT G; THENCE ALCNG SC
BETWEEN POINT 7 AND POINT 6 Of LOT GI SOUTH 5P15'45" EAST (RECORD
51' EAST) 1042-27 FEET; THENCE LEAVING SAID LINE AT RIGHT ANGLES TC
SOUTH 3T44'15" ~ESTI 440057 FEET; THENCE AT RIGHT ANGLES NORTH 52'
WEST 662027 FEET TO THE TRUE POINT Of BEGINNING; THENCE CONTINUING
52'15'45" WEST9 578048 FEET TU A POINT Of INTERSECTION LllTH THE NO6
LINE Of SAID LOT G+ BEING ALSCl THE LINE BETWEEN SAIC PGINT 7 AND P[
Of LOT Gv SAID POINT BEING ALSO THE NORTHWESTERLY TERMINUS Of SAID
THE NORTHERLY LINE OF SAID 10 FOOT EASEMENT SHALL 8E SHORTENEO SO 1
TERMINATE IN THE CINE 8ETbdEEN POINT 7 OF LOT G AND PilINT 8 OF LOT (
220 Ah EASEMENT9 AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFII SAID EASEMENT. AFFECTING THE PORTION OF SAID LAND ANL) FOR THE
PURPOSES STATED HEREIN9 AND IYCIDENTAL PURPOSES
IN FAVOR Of : THE ESTATE Of STANLEY Lo KELLY
FOR f PUt3LIC UTILITIES
RECORDED : APRIL 219 19699 RECORDER'S FILE NO- 68406
AFFECTS : A STRIP OF LAND 10 FEET IN WIDTH THE SOUTHERLY CiNl
SAID EASEMENT BEING DESCRIBED AS FOLLOWS:
dEGINNiNG AT SAID ABOVE MENTIONED POINT 7 OF LOT G; THENCE ACCNG Si
BETWEEN POINT 7 AND POINT 6 Of COT GI SOUTH 5i? 15'+5" EbST (RECORO
51' EAST1 1042027 FEET; THENCE CEAVfNG SAID LINE AT RIGHT ANGLES Ti
SOUTH 3744'1S" WEST 440157 FEET; THENCE AT RIGHT ANGLES, NORTH 52'
WEST 85000 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUXNG I
5fL5'4S" UEST 577027 FEET TO THE NORTHWESTERLY TERPINUS Of SAID L8
23- AN EASEMENT7 AS REFLECTED IN AN XNSTRUWENT CREATING OR REAFFII
SAID EASEWENTI AffECTING THE PORTION Of SAID LAND ANCI FOR THE
PURPOSES STATED HEREIN9 AN0 INCIDENTAL PURPOSES
f OR : INGRESS AND EGRESS RECOROEO z MARCH 129 19719 RECORDER'S FILE NO0 471+4
AFFECTS : A STRIP OF LAND 20 FEET IN WiDTH9 THE CENTER LINE ~
IN FAVOR OF : ROBERT PI KELLY AND RICHARO Co KELLY
1087328 PAGE 13
-I ., +w w
STRIP BEXNG DESCRIBED AS FOCLOHS::
BEGINNING AT A POINT IN THE NORTHEASTfRLY CINE OF THE HEREIN DESCRl
LAND. OISTANT THEREON 117.38 FEET SOUTHEASTERLY FROM THE nasT Nom
CORNER THEREOFi THENCE SOUTH 31'09'5OU WEST 46-41 FEET; THENCE SOU1
14-40' EAST 77-82 EFET; THENCE SOUTH 1'20' WEST 284.87 FEET; THENCE
SOUTH 5P13' EAST 88-65 FEET TO THE SOUTHEA5TERLY LINE OF THE HERE1
DESCRIBED LAND-
24. AN AGREEMENT TO MHlCH REFEREWE IS HERE6Y HADE FUR FULL
PAkTICUCARS
DATED : FEBRUARY 26r 1971
dY AND BETUEEN : ROBERT PI KELLY AND RICHARD C- KELLY AND TITLE
INSURAWCE AND TRUST COMPANY9 A CALIFCRNIA CORPO
AS TRUSTEE UNOER TRUST kc0 PR 47293
REGARDENG : EXCHANGE AN0 EASEMENTS
RECORDED : MARCH 129 19719 RECORDER'S FLLE NU0 47144
250 AN AGREEMENT TU WHICH REFEqENCE IS HEREBY MADE FOR FULL
PARTICULARS
DATED : AUGUST zbr 19~
BY AND SETHEEN = THE C XTY Of CARLSBAD. A CALi FORNIA HU:JfC fPAL
CORPORATXON AND CARLSEIAD RESEARCH CENTER, A CAC
GENERAL PARTNERSHIP
REGARDING : RXGHT OF FIRST REFUSAL AND OPTION TO PURCHASE
RECORDED : SEPTEflBER 309 19811 RECORDER'S FILE NO. 81-309
1087328 PAGE 14
.r .. '.. W
THE LAND REFERRED TO HEREIN IS SITUATE0 IN THE STATE Of
CACIFORNIAT COUNTY OF SAN DIEGO, AN0 IS DESCRIBE0 AS FOLLOWS:
A PARCEL OF CAN0 BEING A PORTIO& Of! LOT rrFn AM A PORTION OF LOT a
OF RANCHO AGUA HEOIONOAI IN THE COUNTY OF SAN DIEGO+ STATE OF CALI
ACCORDING TO HAP THEREOF NO- 82.39 ON FILE IN THE OFFICE OF COUNTY
RECORDER Of SAN DIEGO COUNTY9 DESCRIBED AS FOUOWS:
SEGINNING AT POINT 9 OF SAX0 LOT "Fa; THENCE NORTH V 29.1 la WEST P
THE WESTERLY BOUNDARY OF SAID LOT "F". 167.78 FEET TO A POINT ON 1
OF A NONTANGENT 58-00 FOOT RADIUS CURVET CONCAVE WESTERLY+ A RAOIA
TO SAID POINT BEARS SOUTH 55°03e22M EAST; THENCE NORTHERLY ALONG 1
OF SAID CURVE THROUGH A CENTRAL ANGLE OF 70'51'37"r A DISTANCE OF
f €ET TO SAID WESTERLY BOUNDARY; THENCE NORTH r 29'iL" WEST, 2092.4
TO POINT 8 OF SA10 COT "Fa; THENCE NORTH 6'47'51" EAST, 1219.60 FE
POINT ON THE NORTHERLY LINE OF SAID LOT "F"r DI STANT SOUTH 87'23'i
2025-08 FEET FROM POINT 6 OF SAID LOT "Fa; THENCE SOUTH t3P23°24m
2417'19 FEET TO THE NORTHWEST CORNER OF THE LAND DESCRIBED IN DEEC
HOWARO Go KIRGIS9 ET UX9 RECORDEO SEPTEMMR 249 19579 IN BOOK 674
197 OF OFFICIAL RECORDS; THENCE SOUTH 2-3~35" WEST* WY,OO FEET I
SOUTHWEST CORNER-OF SAID KIRGXS PROPERTY; THENCE SOUTH 87'23*24* E
1378.84 FEET TO THE SOUTHEAST CORNER OF SAID KXRGIS PROPERTY; iHEF
SOUTH AO-58'35" EAST9 1394011) FEET TO POINT 14 OF SAID LOT aF'~ BE
HOST NGRTHERLY CORNER OF LAND DESCRIBED IN DEED TO Sa Lo KELLY9 RE
FEBRUARY 39 19619 RECORDER'S FILE NCJo 20293; THENCE ALONG THE
NORTHEASTERLY LINE OF SAID K€LLY@S LAND- SOUTH Sl~Ol*S8'' EAST. 104
FEET; THENCE SOUTH 38'58'02' HEST9 288.57 FEET; THENCE NURTH 51'01
idEST9 152-00 FEET; THENCE SOUTH 38,58'02" NEST9 152000 FEET; THEM
51-01'58'' AESTt LO89027 FEET TO A POINT OY THE LOT LINE SETWEEN P[
AND POINT 14 OF SAX0 LOT -Fn; THENCE SOUTH 63°14*04u WEST ALONG Sr
FEET TO POINT 12 of Sam LOT v"; THENCE NORTH 89-46'4~- WEST, 6.44
CINE9 564.30 FEET TO SAID POINT 13; THENCE SOUTH 40'42'08" WEST9 I
TO POINT 1L OF SAID LOT "Fa; THENCE YORTH 5T47'49" dESTt 1175.97
POINT 10 Of SAIO LDT T"- v THENCE SOUTH 70'54'27" WEST9 546.55 FEE'
POINT OF BEGINNING-
1087328 PAGE 15
.. , "
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Lr -* 4- I, t
(CONDITIONS AAD STIPULATIONS Contlnued From Reverse Side of Policy Face)
2. (a.j Continuation of Insurance after Acquisition of Title by
Insured Lender
If this policy insures the owner of the indebtedness secured by the insured mortgage, this policy shall continue in force as of Date of Policy in favor of such insured who acquires all or any part of said e$(a/e or /flterest in the land deSGribed in Schedule C by foreclosure,
trustee's sale, conveyance in lieu of foreclosure, or other legal man- ner which discharges the lien of the insured mortgage, and if such
insured is a corporation, its transferee of the estate or interest SO
subsidiary of such insured; and in favor of any governmental agency or instrumentality which acquires all or any part of the estate or interest pursuant to a contract of insurance or guaranty insuring or guaranteeing the indebtedness secured by the insured mortgage. After any such acquisition the amount of insurance hereunder, exclusive of costs, attorneys' fees and expenses which the Company
(i) the amount of insurance stated in Schedule A; (ii) the amount of the unpaid principal of the indebtedness PIUS interest thereon, as determined under paragraph 6(a) (iii) hereof, expenses of foreclosure and amounts advanced to protect the lien of the insured mortgage and secured by said insured mortgage at the time of acquisition of such estate or interest in the land; or (iii) the amount paid by any governmental agency or instrumentality. if such agency or instrumentality is the insured claimant, in acquisition of such estate or interest in satisfaction of its insurance contract or guaranty.
(b.) Continuation of Insurance After Conveyance of Title
The coverage of this policy shall continue in force as of Date of Policy, in favor of an insured so long as such insured retains an estate or interest in the land, or owns an indebtedness secured by a purchase money mortgage given by a purchaser from such insured, or so long as such insured shall have liability by reason of covenants of warranty made by such insured in any transfer or conveyance of such estate or interest; provided, however, this policy shall not continue in force in favor of any purchaser from such insured of either said estate or interest or the indebtedness secured by a purchase money mortgage given to such insured.
3. Defense and Prosecution of Actions - Notice of Claim to be Given by an Insured Claimant
(a,) The Company, at its own cost and without undue delay, shall
provide for the defense of an insured in litigation to the extent that such litigation involves an alleged defect, lien, encumbrance or other
matter insured against by this policy.
(b.) The insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in (a) above, (ii) in case knowledge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest or the lien of the insured mortgage, as insured, and which might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if title to the estate or interest or the lien of the
prompt notice shall not be given to the Company, then as to such insured mortgage, as insured, is rejected as unmarketable. If such
insured all liability of the Company shall cease and terminate in regard to the matter or matters for which such prompt notice is required; provided, however, that failure to notify shall in no case prejudice the rights of any such insured under this policy unless the
extent of such prejudice. Company shall be prejudiced by such failure and then only to the
and without undue delay prosecute any action or proceeding or to (c.) The Company shall have the right at its own cost to institute
to establish the title to the estate or interest or the lien of the do any other act which in its opinion may be necessary or desirable
insured mortgage, as insured; and the Conpany may take any appro-
this policy, and shall not thereby concede liability or waive any priate action, whether or not it shall be liable under the terms of
provision of this policy.
posed a defense as required or permitted by the provisions of this (d.) Whenever the Company shall have brought any action or inter-
policy, the Company may pursue any such litigation to final deter- mination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order.
(e.) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding, . the insured hereunder shall secure to the Company the right to so
prosecute or provide defense in such action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such insured for such purpose. Whenever requested by the Company, such insured shall give the Company, at the Company's expense, all reasonable aid (1) in any such action or proceeding in effecting settlement, securing evidence, obtaining witnesses, or pros-
. acquired, provided the transferee is the parent or wholly owned
may be obligated to pay, shall not exceed the least of:
F . ;,, , ..
(CONDITIONS AND STIPULATIONS Continued and Concluded on Reverse Side
w-
ecuting or defending such action or proceeding, and (2) in a other act which in the opinion of the Company may be news desirable to establish the title to the estate or interest or the I the insured mortgage, as insured, including but not limited tC
executing corrective or other documents.
4, Proof Qf Loss or Damage - Limitation of Action
In addition to the notices required under Paragraph 3Ib) Of tl Conditions and Stipulations, a proof of loss or damage, sign' sworn to by the insured claimant shall be furnished to the CC within 90 days after the insured claimant shall ascertain or c mine the facts giving rise to such loss or damage. Such pro(
the title, or other matter insured against by this polrcy which or damage shall describe the defect in, or lien or encumbrar
stitutes the basis of loss or damage, and, when appropriate, basis of calculating the amount of such loss or damage.
Should such proof of loss or damage fail to state facts suffic
enable the Company to determine its liability hereunder, ins claimant, at the written request of the Company, shall furnisl additional information as may reasonably be necessary to iT determination.
No right of action shall accrue to insured claimant until 30 6 after such proof of loss or damage shall have been furnishec
Failure to furnish such proof of loss or damage shall termini liability of the Company under this policy as to such loss or
5. Options to Pay or Otherwise Settle Claims and Option Purchase Indebtedness
The Company shall have the option to pay or otherwise sett in the name of an insured claimant any claim insured again terminate all liability and obligations of the Company hereu paying or tendering payment of the amount of insurance ur policy together with any costs, attorneys' fees and expense incurred up to the time of such payment ortender of payme the insured claimant and authorized by the Company. In ca damage is claimed under this policy by the owner of the in(
further option to purchase such indebtedness for the amou ness secured by the insured mortgage, the Company shall
thereon together with all costs, attorneys' fees and expensr the Company is obligated hereunder to pay. If the Compan to purchase said indebtedness as herein provided, the owr indebtedness shall transfer and assign said indebtedness
morigage and any collateral securing the same to the Cor payment therefor as herein provided. Upon such offer beir
by the Company, all liability and obligalions of the Cornpal under to the owner of the indebtedness secured by said in mortgage, other than the obligation to purchase said indet pursuant to this paragraph, are terminated.
6. Determination and Payment of Loss
(a.) The liability of the Company under this policy shall in r exceed the least of:
(i) the actual loss of the insured claimant: or (ii) the amount of insurance stated in Schedule A, or, if apF the amount of insurance as defined in paragraph 2(a) herc (iii) if this policy insures the owner of the indebtedness sec the insured mortgage, and provided said owner is the insr ant, the amount of the unpaid principal of said indebtednc
tional principal indebtedness created subsequent to Date interest thereon, provided such amount shall not include i
except as to amounts advanced to protect the lien of the il mortgage and secured thereby.
(b.) The Company will pay, in addition to any loss insured
on by the Company for such insured, and all costs, attorn1 by this policy, all costs imposed upon an insured in litigat
and expenses in litigation carried on by such insured with written authorization of the Company.
(c.) When the amount of loss or damage has been definite
accordance with the conditions of this policy, the loss or 1 shall be payable within 30 days thereafter.
7. Limitation of Liability
Company, after having received notice of an alleged defe NO claim shall arise or be maintainable underthis policy
encumbrance insured against hereunder, by litigation or
the lien of the insured mortgage, as insured, within a rea: removes such defect, lien or encumbrance or establishe:
time after receipt of such notice; (b) in the event of litigati there has been a final determination by a court of compet diction, and disposition of all appeals therefrom, adverse or to the lien of the insured mortgage, as insured, as pro\ paragraph 3 hereof; or (c) for liabilityvoluntarily admittec assumed by an insured without prior written consent of th
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