HomeMy WebLinkAbout; Daon Corporation; 84-224556; Easement710
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1984JUN15AM8:00
I VERA L LYLE IAttention: J^ £ub*U. | COUNTY RECORDER I
NO FEE
Space Above This Line For Recorder's Use
DOCUMENTARY TRAN§fER TAX f... _
EASEMENT AGREEMENT
(Access Easement)
This Agreement is made as of /fy/^ y $ZL , 1984
("Effective Date") between COSTA REAL MUNICIPAL WATER DISTRICT
("Grantee"), and DAON CORPORATION, a Delaware corporation
("Grantor").
RECITALS
A. Grantee is the owner of the real property in
the City of Carlsbad, San Diego County, California ("Dominant
Property"), as more particularly described on attached Exhibit A.
B. Grantor is the owner of the real property in
the City of Carlsbad, San Diego County, California, adjacent to
the Dominant Property ("Servient Property").
C. Grantee desires, and Grantor is willing to
grant to Grantee, certain easements over, under and across the
Servient Property for the benefit of the Dominant Property, with
the right to assign an interest in the easements to La Costa
Cable Television under the terms and conditions of this Agreement.
TERMS AND CONDITIONS
1. Grant of Easement.
For valuable consideration, including the
mutual covenants in this Agreement, Grantor grants to Grantee
perpetual, non-exclusiw easements ("Easements"), appurtenant to
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711
the Dominant Property, for the ingress and egress over, under and
across those portions of the Servient Property described on
attached Exhibits B ("Access Easement Area"), Exhibit C
("Pipeline/CATV Easement Area") and Exhibit D ("Drainage Easement
Area") (together "Easement Areas").
2. Use of Easement Area.
2.1 Grantee's Use.
Grantee shall have the right to use the
Easement Areas as follows: (a) for ingress and egress over the
Easement Areas to the Dominant Property; (b) constructing,
installing, maintaining and using improvements, within the Access
Easement Area as required for ingress and egress to the Dominant
Property including, without limitation, a road; (c) locating,
relocating, placing, maintaining and using pipelines, cables,
conduits and/or wires under, over or upon the Pipeline/CATV
Easement Area; and (d) constructing and maintaining a drainage
system over that portion of the Drainage Easement Area. Any
improvements constructed or installed by Grantee within the
Easement Areas shall be maintained by Grantee at Grantee's
expense, unless and until the improvements are dedicated to and
formally accepted by the applicable public entities, then those
entities.
2.2 Access to Adjacent Areas.
Grantee shall have the right to go onto
portions of the Servient Property adjacent to the Easement Areas
(as described on attached Exhibits E and F), as reasonably
required by Grantee, if necessary, to construct and install the
improvements within the Easement Areas.
2.3 Grantor's Use.
Grantor may use the Easement Areas in
any manner and for any purpose, provided Grantor's use does not
unreasonably interfere with Grantee's right to use the Easement
Areas as described in this Agreement.
2.4 Relocation of Easement Areas.
Grantor may relocate the Easements and
Easement Areas to another location within the Servient Property,
provided: (a) Grantor has obtained necessary governmental
approvals, (b) relocation does not unreasonably interfere with
Grantee's use of the Dominant Property and (c) Grantor has
obtained the consent of Grantee, which consent shall not be
unreasonably withheld. Grantee shall cooperate with Grantor in
this relocation.
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712
2.5 Additional Interests in Easement.
Grantee may grant a partial interest in
the Easements and Easement Areas to La Costa Cable Television for
the benefit of the property described on Exhibit G provided that
this partial interest shall be subject to each of the terms and
conditions of this Agreement and any further terms and conditions
imposed by Grantee.
2.6 Notice.
At least ten days before entering the
Easement Areas for the purpose of beginning construction or any
other work within the Easement Areas, Grantee shall give Grantor
written notice of Grantee's intent to begin the work, the extent
and nature of the work, and the estimated commencement and com-
pletion date of the work. Grantor may post (if it desires to do
so) a Notice of Nonresponsibility concerning any work to be
conducted by Grantee within the Easement Areas.
3. Termination of Easement.
This Agreement and the Easement shall terminate
automatically, without notice to either party: (a) as to the
Access Easement Area when the applicable public entities formally
accept the Access Easement Area for highway and/or road purposes
and assume the maintenance obligation for that portion of the
Easement Area; and (b) as to Drainage Easement Area when Grantee
is able to discharge water from the reservoir onto the Access
Easement Area. Upon termination of the Easements (or either of
them) Grantee shall sign, acknowledge and deliver to Grantor,
within ten (10) days after receipt of Grantor's demand, if any, a
deed or deeds in recordable form quitclaiming all right, title
and interest of Grantee in the applicable Easement Area(s) and
any improvements located in the applicable Easement Area(s) to
Grantor.
4. Indemnification.
Grantee shall indemnify, defend and hold
Grantor harmless from and against any and all claims, demands,
liabilities, losses, actions, damages, costs, and expenses
(including reasonable attorneys' fees) asserted against or
suffered by Grantor, as a result of or relating to Grantee's, or
any of its agents, employees or permittees, use of the Easements
or the Easement Areas, or failure to comply with any of the
provisions of this Agreement.
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713
5. Insurance.
Grantee agrees to maintain worker's compensa-
tion and comprehensive liability insurance policies to cover its
activities on the Property and to keep the.Property free and
clear of all mechanics' and materialmen's liens arising out of
any activities. At least five (5) days before entering on the
Property, Grantee shall deliver to Grantor, a Certificate of
Insurance complying with the terms of this paragraph. The
liability insurance policy shall have a combined liability limit
of at least $5,000,000.00 and property damage limits of at least
$500,000.00, shall be stated to be primary and noncontributing
with any insurance which may be carried by Grantor, and shall
name Grantor as an additional insured. The insurance policy
shall be maintained and kept in effect by Grantee, at Grantee's
sole expense, at all times during the period of this Agreement.
The insurance policy shall provide that it may not be cancelled
or modified without thirty (30) days' prior written notice to
Grantor.
6. Covenants Running With the Land.
The Easement and the terms and conditions
contained in this Agreement shall run with the land and shall
inure to the benefit of and be binding upon the parties and their
respective heirs, representatives, successors and assigns.
7. Enforcement.
The parties and their respective heirs, repre-
sentatives, successors and assigns shall have the right to
enforce, by proceedings at law or in equity, the covenants and
restrictions of this Agreement. The right to enforce this Agree-
ment shall include, without limitation, the right to maintain a
proceeding at law or in equity against a person or persons who
have violated or who are attempting to violate the Easement or
any of the covenants or restrictions of this Agreement, to enjoin
or prevent them from doing so, to cause the violations to be
remedied, and/or to recover damages for any violations.
8. Entire Agreement, Modification.
This Agreement contains the entire Agreement
between the parties relating to the Easement. This Agreement may
be modified only by a written and recorded agreement signed by
both parties or their respective successors or assigns.
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714
9. Attorneys' Fees.
If any action is instituted to interpret or
enforce this Agreement, the losing party in the action shall pay
the attorneys' fees and costs of the prevailing party.
10. Notices.
All notices given or required to be given under
this Agreement shall be in writing, delivered in person or by
registered or certified mail, postage prepaid and return receipt
requested, and addressed as provided below, or as either party
may designate, from time to time, by proper notice under this
paragraph. Any notice shall be deemed given only when actually
received by the intended party, whether personally served or sent
by registered or certified mail.
Grantor: Daon Corporation
1241 Elm
Carlsbad, California 92008
Attn: James L. Goff
Grantee: Costa Real Municipal Water District
c/o Woodside/Kubota & Associates, Inc,
2465 Pio Pico Drive
Carlsbad, California 92008
11. Exhibits.
All Exhibits to this Agreement are incorporated
in and made a part of this Agreement by reference.
12. Termination of Liability.
If a transfer of ownership of the Dominant or
Servient Properties takes place, the transferor shall not be
liable for any breach of this Agreement which takes place after
the date of the transfer.
13. Further Documents, Actions.
Each party agrees to sign any other and further
documents and to take any other and further actions reasonably
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715
requested by the other party to accomplish the purposes or
satisfy the provisions of this Agreement.
"Grantor"DAON CORPORATION, a Delaware
corporation
Michael K. Ry4n,
Vice President/Land
San Diego County
Warren^/^Colfcon, III,
Vice President/Land
"Grantee"COSTA REAL MUNICIPAL WATER
DISTRICT, a municipal corporation
N. M. Almack, President
:kle^7Secretary
-6-
STATE OF CALIFORNIA, )
COUNTY OF SAN DIEGO )
716
) ss,
On MAY 22. 1984 before me, the undersigned, a
Notary Public in and for said State, personally appeared
N.M. ALMACK
and, FRED W. MAERKLE personally known to me
(or proved to me on the basis of satisfactory evidence) to be the
persons who executed the within instrument as PRFSTRFNIT
and SECRETARY , on behalf of COSTA REAL
MUNICIPAL WATER DISTRICT, the corporation therein named, and
acknowledged to me that such corporation executed the within
instrument pursuant to its bylaws or a resolution of its board of
directors. ************************************
* _—^ OFFICIAL SEAL *
LENA M. ELROD J,
NOTARY PUBLIC-CALIFORNIA J
NOTARY BOND FILED IN
Signature rt/- /;- r v , .. J/ * ^ssmbr SAN DIEGO COUNTY
WITNESS my hand and official seal.
[SEAL]
*j N^|§|X SAN DIEGO COUNTY *
* My Commission Expires October 5, 1984 £
$#**#*********»*********************=
STATE OF CALIFORNIA, )
COUNTY OF Orange
) ss.
)
May 22, 1984 before me, the undersigned, aOn
Notary Public in and for said State, personally appeared
Michael K. Ryan
and,W.A. Colton, III personally known to me
(or proved to me on the basis of satisfactory evidence) to be the
persons who executed the within instrument as
V.P.and V.P.on behalf of DAON CORPORATION,
the corporation therein named, and acknowledged to me that such
corporation executed the within instrument pursuant to its bylaws
or a resolution of its board of directors.
WITNESS my hand and official seal.
Signatu
[SEAL]
7
Marcia A. Brown
OFFICIAL SEAL
MARCIA A. BROWN
Notary Public - California
ORANGE COUNTY
My Commission Expires Oct 1,1985
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29-(9-154)050284 -7-
717
PARCEL H
A PARCEL OF LAND BEING A PORTION OF PARCEL 4 OF PARCEL MAP 10179
ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
STATE OF CALIFORNIA, BEING A PORTION OF SECTION 30, TOWNSHIP 12
SOUTH, RANGE 3 WEST, OF THE SAN BERNARDINO MERIDIAN, CITY OF
CARLSBAD, SAID COUNTY, SAID STATE, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF LA COSTA MEADOWS, UNIT NO. 2,
ACCORDING TO MAP NO. 6905 ON FILE IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, SAID SOUTHEAST CORNER BEING A POINT ON
THE SOUTHEASTERLY RIGHT-OF-WAY OF EL FUERTE STREET AS SHOWN ON
SAID MAP NO. 6905; THENCE NORTH 68°13'07" EAST, 1536.70 FEET TO
THE TRUE POINT OF BEGINNING; THENCE SOUTH 68°oriO" EAST, 99.51
FEET; THENCE SOUTH 51"54'40' EAST, 141.03 FEET; THENCE SOUTH
22°52'25" WEST 191.85 FEET; THENCE SOUTH 57°13'00" WEST, 73.07
FEET; THENCE NORTH 83°46'00" WEST, 185.97 FEET; THENCE NORTH
34°25'48" WEST, 144.00 FEET; THENCE NORTH 55°34'12" EAST, 100.00
FEET TO THE BEGINNING OF A TANGENT 322-FOOT RADIUS CURVE CONCAVE
NORTHWESTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 33°35'22" A DISTANCE OF 188.77 FEET TO
THE TRUE POINT OF BEGINNING.
CONTAINING 1.900 ACRES MORE OR LESS.
JDG:paf:dme
CMWD 79-110
12/08/83
EXHIBIT A TO EASEMENT AGREEMENT
718
PARCEL D
A PARCEL OF LAND BEING A PORTION OF PARCEL 4 OF PARCEL HAP 10179 ON
FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, STATE OF
CALIFORNIA, BEING A PORTION OF SECTION 30, TOWNSHIP 12 SOUTH, RANGE 3
WEST, OF THE SAN BERNARDINO MERIDIAN, CITY OF CARLSBAD, SAID COUNTY,
SAID STATE, DESCRIBED AS FOLLOWS:
A 24-FOOT STRIP OF LAND LYING 12.00 FEET ON EACH SIDE AND PARALLEL
WITH THE FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE NORTHWEST CORNER OF SAID PARCEL 4; THENCE ALONG THE
NORTHERLY LINE OF SAID PARCEL 4 NORTH 72°09'30" EAST, 1020.00 FEET TO
THE BEGINNING OF A TANGENT 2000-FOOT RADIUS CURVE CONCAVE SOUTHERLY;
THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
.2°32'00" A DISTANCE OF 88.43 FEET; THENCE LEAVING SAID CURVE AND SAID
NORTHERLY LINE SOUTH 15°18'30" EAST, 51.00 FEET TO THE TRUE POINT OF
BEGINNING; THENCE SOUTH 15°18'30" EAST 193.10 FE£T TO THE 8£GlJilJJlJJ6 OF
A TANGENT 200-FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 40°20'14" A
DISTANCE OF 140.80 FEET; THENCE SOUTH 55°38'44" EAST, 160.69 FEET TO
THE BEGINNING OF A TANGENT 200-FOOT RADIUS CURVE CONCAVE WESTERLY;
THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
111°27'50" A DISTANCE OF 389.08 FEET; THENCE SOUTH 55°49'06" WEST,
404.13 FEET TO THE BEGINNING OF A TANGENT 200-FOOT RADIUS CURVE CONCAVE
EASTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL-
ANGLE OF 96°20'16" A DISTANCE OF 336.28 FEET; THENCE SOUTH 40°3r09"
EAST, 126.24 FEET TO THE BEGINNING OF A TANGENT 300-FOOT RADIUS CURVE
CONCAVE WESTERLY; THENCE SOUTHERLY ALONG THE ARC Of SAID CURVE THROUGH
A CENTRAL ANGLE OF 62°29'59" A DISTANCE OF 327.25 FEET TO A POINT
HEREIN DESCRIBED AS POINT "D-l" AND POINT OF TERMINATION.
THE SIDELINES OF SAID 24-FOOT STRIP OF LAND SHALL BEGIN ON THE ARC OF A
1949-FOOT RADIUS CURVE CONCAVE SOUTHERLY AND CONCENTRIC TO SAID 2000-FOOT
RADIUS CURVE AND PASS THROUGH THE TRUE POINT OF BEGINNING AND END ON A
LINE THAT BEARS NORTH 68°01'10" WEST ANO PASS THROUGH THE POINT OF
TERMINATION.
PARCEL D-l
A 34-FOOT STRIP OF LAND BEING 22.00 FEET SOUTHEASTERLY OF AND 12.00
FEET NORTHWESTERLY OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT THE ABOVE-DESCRIBED POINT "D-l," BEING A POINT ON THE ARC
OF SAID 300-FOOT RADIUS CURVE CONCAVE WESTERLY TO WHICH A RADIAL LINE
BEARS SOUTH 68°01'10" EAST; THENCE SOUTHERLY ALONG THE ARC OF SAID'
CURVE THROUGH A CENTRAL ANGLE OF 33°35'22" A DISTANCE OF 175.87 FEET;
THENCE SOUTH 55°34'12" WEST, 100.00 FEET TO THE POINT OF TERMINATION.
THE SIDELINES OF SAID 34.00-FOOT STRIP OF LAND SHALL BEGIN ON A LINE
THAT BEARS SOUTH 68001'10' EAST AND PASS THROUGH THE POINT OF BEGINNING
AND END ON A LINE THAT BEARS NORTH 34°25'48" WEST AND PASSES THROUGH
THE POINT OF TERMINATION.
TOGETHER WITH THE RIGHT TO EXTEND DRAINAGE STRUCTURES AND EXCAVATION
AND EMBANKMENT SLOPES BEYOND THE LIMITS OF THE HEREIN ABOVE-DESCRIBED
PARCEL WHERE REQUIRED FOR THE CONSTRUCTION AND MAINTENANCE OF THE
ACCESS RIGHT-OF-WAY.
JDG:paf:dme
CMWD 79-110
12/08/83
EXHIBIT B TO EASEMENT AGREEMENT
719
PARCEL C
A 20-FOOT STRIP OF LAND, BEING A PORTION OF SECTION 30, TOWNSHIP 12
S.OUTH, RANGE 3 WEST, OF THE SAN BERNARDINO MERIDIAN, CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, THE NORTHERLY AND EASTERLY
SIDELINE OF SAID 20-FOOT STRIP OF LAND IS MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF LA COSTA MEADOWS UNIT NO. 2
ACCORDING TO MAP NO. 6905 ON FILE IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY, SAID SOUTHEAST CORNER BEING A POINT ON THE SOUTH-
EASTERLY RIGHT-OF-WAY LINE OF EL FUERTE STREET AS SHOWN ON SAID MAP
NO. 6905; THENCE ALONG SAID SOUTHEASTERLY RIGHT-OF-WAY LINE THE
FOLLOWING COURSES: NORTH 20°55'30" EAST, 885.00 FEET TO THE BEGINNING
OF A TANGENT 1542-FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE NORTHERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 6°46'17" A
DISTANCE OF 182.24 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT
HAVING A RADIAL WHICH BEARS.NORTH 75"50'47" WEST; THENCE LEAVING SAID
CURVE AND SAID RIGHT-OF-WAY LINE SOUTH 68°33'08" EAST, 299.00 FEET;
THENCE NORTH 87°30'38" EAST, 230.22 FEET; THENCE NORTH 76°53'27" EAST, '
397.84 FEET TO A POINT ON THE ARC OF A 200-FOOT RADIUS CURVE CONCAVE
NORTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 53°00'17" WEST;
THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 3°31'26" A DISTANCE OF 12.30 FEET; THENCE SOUTH 40°31'09"
EAST, 126.24 FEET TO THE BEGINNING OF A TANGENT 300-FOOT RADIUS CURVE
CONCAVE WESTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH
A CENTRAL ANGLE OF 57°29'23" A DISTANCE OF 301.02 FEET TO A POINT ON
CURVE, SAID POINT HAVING A RADIAL WHICH BEARS NORTH 73001'46" WEST;
THENCE LEAVING SAID CURVE SOUTH 19°28'46" EAST, 34.96 FEET TO THE
POINT OF TERMINATION OF SAID LINE TO WHICH THE SOUTHEAST CORNER OF
SAID MAP NO. 6905 BEARS SOUTH 68°13'07" WEST, 1536.70 FEET. SAID
POINT OF TERMINATION LIES ON THE ARC OF A 322-FOOT RADIUS CURVE CONCAVE
WESTERLY TO WHICH A RADIAL LINE BEARS SOUTH 68°01'10" EAST.
THE SOUTHERLY AND WESTERLY SIDELINE OF SAID STRIP OF LAND SHALL BE
20.00 FEET FROM AND PARALLEL OR CONCENTRIC WITH THE AFORE DESCRIBED
NORTHERLY AND EASTERLY SIDELINE. SAID SOUTHERLY AND WESTERLY SIDELINE
SHALL TERMINATE IN THE ARCS OF THE AFORE MENTIONED 1542-FOOT AND
322-FOOT RADII WHICH PASS THROUGH THE TRUE POINT OF BEGINNING AND THE
POINT OF TERMINATION RESPECTIVELY OF SAID NORTHERLY AND EASTERLY
SIDELINE.
JDG:paf:dme
CMWD 79-110
12/08/83
EXHIBIT C TO EASEMENT AGREEMENT
720
PARCEL J
A PARCEL OF LAND BEING A PORTION OF PARCEL 4 OF PARCEL MAP 10179
ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
STATE OF CALIFORNIA, BEING A PORTION OF SECTION 30, TOWNSHIP 12
SOUTH, RANGE 3 WEST, OF THE SAN BERNARDINO MERIDIAN, CITY OF
CARLSBAD, SAID COUNTY, SAID STATE, DESCRIBED AS FOLLOWS:
A*STRIP OF LAND 20.00-FEET IN. WIDTH LYING 10.00-FEET ON EACH SIDE
AND PARALLEL WITH THE FOLLOWING DES-CRIBED CENTERLINE:
COMMENCING AT THE SOUTHEAST CORNER OF LA COSTA MEADOWS, UNIT NO. 2,
ACCORDING TO MAP NO. 6905, ON FILE IN THE OFFICE OF THE COUNTY
•RECORDER OF SAID COUNTY, SAID SOUTHEAST CORNER BEING A POINT ON
THE SOUTHEASTERLY RIGHT-OF-WAY OF EL FUERTE STREET AS SHOWN ON
SAID MAP NO. 6905; THENCE NORTH 68°13'07" EAST, 1536.70 FEET",
THENCE SOUTH 68°01'10" EAST, 99.51 FEET; THENCE SOUTH 51°54'40"
EAST, 141.03 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH
83°05'20" EAST, 70.00 FEET TO THE POINT OF TERMINATION.
THE NORTHERLY SIDELINE OF SAID EASEMENT SHALL BEGIN ON A LINE
WHICH BEARS NORTH 51°54'40" WEST FROM THE TRUE POINT OF BEGINNING.
THE SOUTHERLY SIDELINE OF SAID EASEMENT SHALL BEGIN ON A LINE
WHICH BEARS SOUTH 22°52'25" WEST FROM THE TRUE POINT OF BEGINNING.
BOTH SIDELINES SHALL END ON A LINE PERPENDICULAR THROUGH THE POINT
OF TERMINATION.
JDG:paf :dme
CWMD 79-110
12/16/83
EXHIBIT D TO EASEMENT AGREEMENT
721
PARCEL G
BEING A PORTION OF SECTION 30, TOWNSHIP 12 SOUTH, RANGE 3 WEST, OF SAN
BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, BEING A 50.00-FOOT STRIP OF LAND LYING 15 FEET NORTHERLY
AND EASTERLY AND 35 FEET SOUTHERLY AND WESTERLY ON EACH SIDE AND PARALLEL
WITH THE FOLLOWING DESCRIBED LINE:
COMMENCING AT THE SOUTHEAST CORNER OF LA COSTA MEADOWS,' UNIT NO. 2,
ACCORDING TO MAP NO. 6905 ON FILE IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY, SAID SOUTHEAST CORNER BEING A POINT ON THE SOUTH-
EASTERLY RIGHT-OF-WAY LINE OF EL FUERTE STREET AS SHOWN ON SAID MAP
NO. 6905; THENCE ALONG SAID SOUTHEASTERLY RIGHT-OF-WAY LINE THE
FOLLOWING COURSES: NORTH 20°55'30" EAST, 885.00 FEET TO THE BEGINNING
OF A TANGENT 1542-FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE NORTHERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 6"46'17" A
DISTANCE OF 182.24 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT
HAVING A RADIAL WHICH BEARS NORTH 75"50'47" WEST; THENCE LEAVING SAID
CURVE AND SAID RIGHT-OF-WAY LINE SOUTH 68°33'08" EAST, 299.00 FEET;
THENCE NORTH 87°30'38" EAST, 230.22 FEET; THENCE NORTH 76°53'27" EAST,
397.84 FEET TO A POINT ON THE ARC OF A 200-FOOT RADIUS CURVE CONCAVE
NORTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 53°00'17" WEST;
THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 3031'26" A DISTANCE OF 12.30 FEET; THENCE .SOUTH 40031'09"
EAST, 126.24 FEET TO THE BEGINNING OF A TANGENT 300-FOOT RADIUS CURVE
CONCAVE WESTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH
A CENTRAL ANGLE OF 57°29'23" A DISTANCE OF 301.02 FEET TO A POINT ON
CURVE, SAID POINT HAVING A RADIAL WHICH BEARS NORTH 73°01'46" WEST;
THENCE LEAVING SAID CURVE SOUTH 19°28'46" EAST, 34.96 FEET TO THE
POINT OF TERMINATION OF SAID LINE TO WHICH THE SOUTHEAST CORNER OF
SAID MAP NO. 6905 BEARS SOUTH 68°13'07" WEST, 1536.70 FEET. SAID
POINT OF TERMINATION LIES ON THE ARC OF A 322-FOOT RADIUS CURVE CONCAVEWESTERLY TO WHICH A RADIAL LINE BEARS SOUTH 68°orio" EAST.
THE SIDELINES OF SAID 50.00-FOOT STRIP OF LAND SHALL BE SHORTENED OR
EXTENDED AT THE WEST END (TRUE POINT OF BEGINNING) TO THE SAID SOUTHEAST
RIGHT-OF-WAY LINE OF EL FUERTE STREET AND ON THE SOUTHEAST END (POINT
OF TERMINATION) THE SOUTHWEST SIDE STRIP TO BE EXTE-NDED TO SAID 322-FOOT
RADIUS CURVE, AND THE NORTHEAST SIDE STRIP TO BE EXTENDED TO A LINE
WHICH BEARS NORTH 68°01'10" WEST.
FJW:JDG:paf:dme
CMWD 79-110
12/12/83
EXHIBIT E TO EASEMENT AGREEMENT
722
PARCEL K
A PARCEL OF LAND BEING A PORTION OF PARCEL 4 OF PARCEL MAP 10179
ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
STATE OF CALIFORNIA, BEING A PORTION OF SECTION 30, TOWNSHIP 12
SOUTH, RANGE 3 WEST, OF THE SAN BERNARDINO MERIDIAN, CITY OF
C'ARLSBAD, SAID COUNTY, SAID STATE, DESCRIBED AS FOLLOWS:
A STRIP OF LAND 50.00-FEET IN WIDTH LYING 25.00-FEET ON EACH SIDE
AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINE:
•COMMENCING AT THE SOUTHEAST CORNER OF LA COSTA MEADOWS, UNIT NO. 2,
ACCORDING TO MAP NO. 6905, ON FILE IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, SAID SOUTHEAST CORNER BEING A POINT ON
THE SOUTHEASTERLY RIGHT-OF-WAY OF EL FUERTE STREET AS SHOWN ON
SAID MAP NO. 6905; THENCE NORTH 68°13'07" EAST, 1536.70 FEET;
THENCE SOUTH 68°01'10" EAST, 99.51 FEET; THENCE SOUTH 51°54'40"
EAST, 141.03 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH
83°05'20" EAST, 70.00 FEET TO THE POINT OF TERMINATION.
THE NORTHERLY SIDELINE OF SAID EASEMENT SHALL BEGIN ON A LINE
WHICH BEARS NORTH 51°54'40" WEST FROM THE TRUE POINT OF BEGINNING.
THE SOUTHERLY SIDELINE OF SAID EASEMENT SHALL BEGIN OH A LINE
WHICH BEARS SOUTH 22°52'25" WEST FROM THE TRUE POINT OF BEGINNING.
BOTH SIDELINES SHALL END ON A LINE PERPENDICULAR THROUGH THE POINT
OF TERMINATION.
JDG:paf:dme
CMWD 79-110
12/16/83
EXHIBIT F TO EASEMENT AGREEMENT
723
PARCEL B
A PARCEL OF LAND BEING A PORTION OF PARCEL 4 OF PARCEL MAP 10179
ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
STATE OF CALIFORNIA, BEING A PORTION OF SECTION 30, TOWNSHIP 12
SOUTH, RANGE 3 WEST, OF THE SAN BERNARDINO MERIDIAN, CITY OF
CARLSBAD, SAID COUNTY, SAID STATE, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF LA COSTA MEADOWS, UNIT NO. 2,
•ACCORDING TO MAP NO. 6905 ON FILE IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, SAID SOUTHEAST CORNER BEING A POINT ON
THE SOUTHEASTERLY RIGHT-OF-WAY OF EL FUERTE STREET AS SHOWN ON
SAID MAP NO. 6905; THENCE NORTH 68°13'07" EAST, 1536.70 FEET TO
THE TRUE POINT OF BEGINNING; THENCE SOUTH 68°01'10" EAST, 99.51
FEET; THENCE SOUTH 51"54'40" EAST, 141.03 FEET; THENCE SOUTH
22°52'25" WEST, 191.85 FEET; THENCE SOUTH 57°13'00" WEST, 73.07
FEET; THENCE NORTH 83°46'00" WEST, 185.97 FEET; THENCE NORTH
34°25'48" WEST, 144.00 FEET: THENCE NOTH 55°34'12" EAST, 100.00
FEET TO THE BEGINNING OF A TANGENT 322-FOOT RADIUS CURVE CONCAVE
NORTHWESTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 33°35'22" A DISTANCE OF 188.77 FEET TO
THE TRUE POINT OF BEGINNING.
EXCEPTING THEREFROM THE FOLLOWING PORTION OF THE ABOVE-DESCRIBED
PARCEL:
BEGINNING AT THE ABOVE-DESCRIBED TRUE POINT OF BEGINNING; THENCE
SOUTH 68001'10" EAST, 99.51 FEET; ' THEtJCE SOUTH 51°S4'40" EAST,
141.03 FEET; THENCE SOUTH 22°52'25" WEST, 191.85 FEET; THENCE
SOUTH 57°13'00" WEST, 73.07 FEET; THENCE NORTH 83°46'00" WEST,
83.97 FEET; THENCE NORTH 22°02'11" WEST, 58.84 FEET; THENCE
NORTH 34°25'48" WEST, 153.00 FEET; THENCE NORTH 55°34'12" EAST,
10.00 FEET TO THE BEGINNING OF A TANGENT 322-FOOT RADIUS CURVE
CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 33°35'22" A DISTANCE OF 188.77
FEET TO THE TRUE POINT OF BEGINNING.
SAID PARCEL CONTAINS 0.368 ACRES MORE OR LESS.
JDG : paf : dme
CMWD 79-110
12/08/83
EXHIBIT G TO EASEMENT AGREEMENT
724
This is to certify that the interest in real property
conveyed by the Deed dated May 22 , 1984 ,
from Daon Corporation, a Delaware corporation
»
as Grantor, to COSTA REAL MUNICIPAL WATER DISTRICT, a Munici-
pal Water District organized and existing under the Municipal
Water District Act of 1911, as amended, is hereby accepted by
order of the Board of Directors of the COSTA REAL MUNICIPAL
WATER DISTRICT on May 2 , 1984 , and the Grantee
consents to recordation thereof by its duly authorized officer.
DATED 22 1984 .
COSTA REAL MUNICIPAL WATER DISTRICT
By:
Fred W. Maerkle^^
Board of Direcxco/rs