HomeMy WebLinkAbout; W9/LNP Real Estate, LP; 1999-0789037; Easemente ,& ' , *. " ,
RECORDING REQUESTED BY
W9 / LNP Real Estate Limited
Partnership
AND WHEN RECORDED,
PLEASE MAIL TO:
Carlsbad Municipal Water District
5950 El Camino Real
Engineering Department
Carlsbad. California 92008
2990 DqC # 1999-0789031
Dec 02. 1999 11:17 AM
MAIL TAX STATEMENTS TO:
Fb EXEMPT 1999.0780037
17' Please record the document at no HF fee as it is to the benefit of the
District (Gov. Code [6103].)
213-\W-O\Shru 0% Space above this line for Recorder's use.
The undersigned grantor(s) declare(s): Assessor's Parcel No. 213-020-14
Documentary transfer tax is 50.00 Project No. & Name 97-272 Lincoln Northoointe.
( ) computed on full value of property conveyed, or
( ) computed on full value less value of liens and
( ) Unincorporated area: (x) City of Carlsbad , and
encumbrances remaining at time of sale.
FOR A VALUABLE CONSIDERATION, CARLSBAD MUNICIPAL WATER DISTRICT
receipt of which is hereby acknowledged.
Parcel 1, Parcel Map No. 11 10. El Camino Real
LA3 \q4
GRANT DEED OF WATER LINE EASEMENT
W9 / LNP REAL ESTATE LIMITED PARTNERSHIP, a Delaware limited partnership
does hereby grant to CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water
Act of 191 1, and a Subsidiary District of the City of Carlsbad, its successors and assigns, an easement.
Purpose: the easement granted herein shall be granted for the following purposes: the construction,
operation, repair, reconstruction and all activities necessaty to construct, reconstruct, operate, maintain and repair facilities
designed for the general purpose of collecting, storing, transporting, pumping and treating all water, including surface
water, stream water, flood water and ground water flowing into said facilities, and all natural and artificial drainage ditches
and structures of any kind, whether above or below the surface of the ground.
Said facility may include pipelines, pumping facilities, structures designed to control the flow of water and
all facilities and structures associated with said use which are designed to facilitate the use and protect the facility from
natural and other forms of damage including, but not limited to, erosion control facilities, fences, gates, doors, locking
1 0811 7/98 Rev.
2991
&ices, alarms. lights: and all other protective facilities and devices. The use shall also include a means of access to and
from said facility for the purpose of constructing, operating, repairing, maintaining, inspecting and reconstructing said
facility.
The uses described herein shall be exclusive to the Grantee. Grantor herein agrees that no buildings
andlor structures will be erected, walls constructed, fences built nor trees planted, nor may the easement be used by the
Grantor or any other person or entity, including other utilities, whether public or private, for uses whether compatible or
incompatible with the uses described herein without the express written approval of the Grantee.
LOCATION OF THE EASEMENT:
The easement granted herein shall be located within and upon the properties more particularly described
in Exhibit "A" and Exhibit "B" attached hereto and by this reference made a part hereof.
Executed by the Grantor this e day of-
lS49.
GRANTOR
PARTNERSHIP
(Notarial acknowledgement of execution of PROPERTY OWNER must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only officer signs, the
corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that
officer to bind the corporation.)
(If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to
execute this instrument.)
APPROVED AS TO FORM:
RONALD R. BALL. GENERAL COUNSEL
By:
-1, Assistant Counsel CMWD 97-272
08/17/98 Rev. 2
, ,' .. 2992
STATE OF CALIFORNIA 1
COUNTY OF PO 1 ss.
On 9 before me. nvm
DATE NAME AND TITLE OF OFFICER
personally appeared
NAME(S) OF SIGNERP)
@I personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the personfsfwhose
name@ is/afe subscribed to the within instrument and acknowledged to me that hemexecuted the same in
hishd'hair authorized capacity@+. and that by his- signature# on the instrument the person@), or the entity
upon behalf of which the person@ acted, executed the instrument.
WITNESS my hand and official seal
(This area for official notary seal.)
Title or Type of Document
Date of Document No. of Pages
Signer(s) other than named above
06/14/95 Rev.
2993
CERTIFICATION FOR ACCEPTANCE OF DEED
This is to certify that the interest in real property conveyed by the grant deed of easement, dated
September 15th , 19-, from W9 / LNP REAL ESTATE LIMITED PARTNERSHIP, a Delaware
limited DartnerShiD to the Carlsbad Municipal Water District, Carlsbad, California, pursuant to the
Municipal Water District Act of 191 1, as amended, is hereby accepted by the undersigned officer or agent
on behalf of the Carlsbad Municipal Water District, Carlsbad, California, pursuant to authority conferred by
Resolution No. 996 of the Carlsbad Municipal Water District adopted on September 9, 1997, and the
grantee consents to recordation thereof by its duly authorized officer.
Lorraine M. Wood, Deputy City Clerk
11/03/97 Rev.
., i. ' 2994
MARCH 12, 1998
REVISED JUNE 15, 1998
REVISED JULY 22, 1998
REVISED FEBRUARY 4, 1999
J.N.: 971041
EXHIBIT "A"
WATER EASEMENT AT PARCEL 1
OF PARCEL MAP NO. 1110
PARCEL A
ALL THAT PORTION OF PARCEL 1 IN THE CITY OF CARLSBAD, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARCEL MAP THEREOF
NO. 1110, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY OF SAN DIEGO, NOVEMBER 10, 1972 AS FILE NO. 302114 OF
OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEASTERLY CORNER OF SAID PARCEL 1, SAID
POINT BEING ON A 1955.00 FOOT RADIUS CURVE, CONCAVE
SOUTHWESTERLY, A RADIAL TO SAID POINT BEARS NORTH 83'47'49'' EAST;
THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE AND ALONG SAID
EASTERLY BOUNDARY LINE, THROUGH A CENTRAL ANGLE OF 14'21'06", AN
ARC DISTANCE OF 489.70 FEET; THENCE CONTINUING ALONG THE
BOUNDARY OF SAID PARCEL 1 AND TANGENT TO SAID CURVE SOUTH
08°08'55" WEST, 249.18 FEET; THENCE LEAVING SAID BOUNDARY NORTH
81'51'05'' WEST, 39.02 FEET TO A POINT ON THE PROPOSED WESTERLY
POINT OF BEGINNING;
RIGHT-OF-WAY OF EL CAMINO REAL, SAID POINT ALSO BEING THE TRUE -
THENCE LEAVING SAID PROPOSED RIGHT-OF-WAY NORTH 81'51'05'' WEST,
151.88 FEET; THENCE SOUTH 08"08'55" WEST 6.70 FEET: THENCE NORTH
81'51'05'' WEST, 20.00 FEET; THENCE NORTH 08'08'55'' EAST, 6.70
FEET; THENCE NORTH 81'51'05'' WEST, 27.66 FEET; THENCE SOUTH
14'58'47" EAST, 15.28 FEET; THENCE SOUTH 7S001'13" WEST, 43.41
FEET; THENCE NORTH 14'58'47'' WEST, 18.00 FEET; THENCE SOUTH
75°01'13" WEST, 288.34 FEET; THENCE SOUTH 14°58'47'' EAST, 246.24
FEET; THENCE SOUTH 08'08'55" WEST, 8.78 FEET; THENCE SOUTH
81'51'05" EAST, 15.68 FEET; THENCE SOUTH OE"O8' 55" WEST, 20.00
FEET; THENCE NORTH 81'51'05'' WEST, 15.68 FEET; THENCE SOUTH
08'08'55'' WEST, 430.54 FEET; THENCE SOUTH 22O36'43" EAST, 53.89
FEET TO A POINT ON THE NORTHERLY LINE OF THAT CERTAIN GENERAL
UTILITY AND ACCESS EASEMENT TO THE CITY OF CARLSBAD RECORDED
DECEMBER 31, 1998 ON MAP NO. 13716; THENCE ALONG SAID NORTHERLY
EASEMENT LINE SOUTH 67'23'17'' WEST, 20.00 FEET: THENCE LEAVING
SAID NORTHERLY EASEMENT LINE NORTH 22'36'43'' WEST, 59.40 FEET;
PAGE 1 OF 7
CMWD 97-272
2995
THENCE NORTH 08'08' 55" EAST, 423.97 FEET; THENCE NORTH 81O51'05"
WEST, 7.87 FEET; THENCE NORTH 08'08' 55" EAST, 20.00 FEET; THENCE
SOUTH 81°51'05" EAST, 7.87 FEET; THENCE NORTH 08'08' 55" EAST,
16.75 FEET; THENCE NORTH 14O58'47" WEST, 242.14 FEET; THENCE
SOUTH 75°01r13" WEST, 26.63 FEET; THENCE SOUTH 14958'47" EAST,
36.00 FEET; THENCE SOUTH 75°01'13" WEST, 25.00 FEET; THENCE NORTH
14'58'47'' WEST, 36.00 FEET; THENCE SOUTH 75O01'13" WEST,
FEET; THENCE SOUTH 52°50r01" WEST, 43.98 FEET; THENCE
FEET; THENCE SOUTH 08°08'55" WEST, 44.91 FEET; THENCE
81O51'05" EAST, 46.39 FEET; THENCE SOUTH 08'08'55'' WEST,
FEET; THENCE NORTH 81°51'05" WEST, 46.39 FEET; THENCE
FEET; THENCE NORTH 08'08'55'' EAST, 8.17 FEET: THENCE
81°51'05" ' EAST, 20.00 FEET; THENCE SOUTH 08"08'55" WEST,
08°08' 55" WEST, 235.60 FEET; THENCE SOUTH 53'08'55'' WEST,
08°"'55'' WEST, 316.51 FEET; THENCE SOUTH 81"51'05" EAST,
191.20
SOUTH
69.93
SOUTH
20.00
SOUTH
27.10
SOUTH
8.17
FEET; THENCE SOUTH 81'51'05" EAST, 210.61 FEET TO THE BEGINNING
OF A TANGENT 265.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE
SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL
ANGLE OF 11°25'57", AN ARC DISTANCE OF 52.88 FEET; THENCE NORTH
05'26'47'' WEST, 11.80 FEET; THENCE NORTH 84'33'13" EAST, 19.88
GENERAL UTILITY AND ACCESS EASEMENT: THENCE ALONG THE WESTERLY
LINE OF SAID EASEMENT SOUTH 08°08'55" WEST, 32.91 FEET TO THE
BEGINNING OF A NON-TANGENT 285.00 FOOT RADIUS CURVE, CONCAVE
NORTHERLY, A RADIAL TO SAID POINT BEARS SOUTH 0S052'37" EAST;
THENCE LEAVING SAID WESTERLY EASEMENT LINE NORTHWESTERLY ALONG
THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 14O01'32", AN
ARC DISTANCE OF 69.77 FEET; THENCE TANGENT TO SAID CURVE NORTH
81°51'05" WEST, 277.71 FEET: THENCE NORTH 08°08'55" EAST, 124.29
FEET; THENCE NORTH 81'51'05'' WEST, 33.00 FEET: THENCE NORTH
08°08f55" EAST, 35.00 FEET; THENCE SOUTH 81°51'05" EAST, 33.00
FEET; THENCE NORTH 08'08'55" EAST, 121.77 FEET; THENCE NORTH
81°51'05" WEST, 18.00 FEET: THENCE NORTH 08O08'55" EAST, 20.00
FEET: THENCE SOUTH 81°51'05" EAST, 18.00 FEET; THENCE NORTH
08OO8'55'' EAST, 108.64 FEET; THENCE NORTH 53'08' 55" EAST, 69.93
FEET; THENCE NORTH 08°08'55" EAST, 157.16 FEET; THENCE NORTH
81°51'05" . WEST,. 8.00 FEET: THENCE NORTH 08°08'55" EAST, 20.00
FEET: THENCE SOUTH 81O51'05" EAST, 8.00 FEET; THENCE NORTH
08°08r55" FhST, 21.75 FEET: THENCE NORTH 81°51'05" WEST, 23.00
FEET; THENCE NORTH 08°08'55" EAST, 35.00 FEET; THENCE SOUTH
81°51'05" EAST, 23.00 FEET; THENCE NORTH 08°08'55" EAST, 1.63
FEET; THENCE NORTH 52°50'01" EAST, 56.12 FEET: THENCE NORTH
FEET TO THE NORTHWESTERLY CORNER OF SAID CITY OF CARLSBAD
PAGE 2 OF I
CMWD 97-272
2996
75°01'13" EAST, 147.33 FEET; THENCE NORTH 14'58'47'' WEST, 11.31
FEET; THENCE NORTH 75°01f13" EAST, 25.00 FEET; THENCE SOUTH
14'58'47'' EAST, 11.31 FEET; THENCE NORTH 75°01'13" EAST, 74.41
FEET; THENCE NORTH 14'58'47" WEST, 8.00 FEET; THENCE SOUTH
75O01' 13" WEST, 13.00 FEET; THENCE NORTH 14'58'47" WEST, 20.00
FEET; THENCE NORTH 75'01'13" EAST, 13.00 FEET; THENCE NORTH
14"58'47" WEST, 142.50 FEET; THENCE SOUTH 75'01'13'' WEST, 63.00
FEET; THENCE NORTH 14'58'47" WEST, 196.50 FEET TO A POINT ON THE
SOUTHERLY LINE OF SAID CITY OF CARLSBAD GENERAL UTILITY AND
ACCESS EASEMENT; THENCE ALONG SAID SOUTHERLY EASEMENT LINE NORTH
75'01'13" EAST, 20.00 FEET; THENCE LEAVING SAID EASEMENT LINE
SOUTH 14'58'47'' EAST, 176.50 FEET; THENCE NORTH 75O01'13" EAST,
63.00 FEET; THENCE SOUTH 14°58'47" EAST, 45.00 FEET; THENCE NORTH
7s001r13" EAST, 18.00 FEET; THENCE SOUTH 14~58'47" EAST, 20.00
FEET; THENCE SOUTH 75'01'13'' WFST, 18.00 EEFT; TYpICE SOUTH
14'58'47" EAST, 125.50 FEET; THENCE NORTH 75"01'$3" ERST, 254.25
FEET; THENCE NORTH 14'58'47" WEST, 11.10 FEET; THENCE NORTH
75°01'13'' EAST, 35.00 FEET; THENCE SOUTH 14'58'47'' EAST, 11.10
FEET; THENCE NORTH 75°01'13" EAST, 40.23 FEET; THENCE SOUTH
81'51'05'' EAST, 207.01 FEET; THENCE SOUTH 01'54'57'' EAST, 20.31
FEET TO THE TRUE POINT OF BEGINNING.
AREA = 68,930 SQUARE FEET
PAGE 3 OF 7
CMWD 97-272
EXHIBIT "A"
WATER EASEMENT AT PARCEL 1
OF PARCEL MAP NO. 1110
PARCEL B
ALL THAT PORTION OF PARCEL 1 IN THE CITY OF CARLSBAD, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARCEL MAP THEREOF
NO. 1110, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY OF SAN DIEGO, NOVEMBER 10, 1972 AS FILE NO. 302114 OF
OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEASTERLY CORNER OF SAID PARCEL 1, SAID
POINT BEING ON A 1955.00 FOOT RADIUS CURVE, CONCAVE
SOUTHWESTERLY, A RADIAL TO SAID POINT BEARS NORTH 83'47'49'' EAST;
THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE AND ALONG SAID
EASTERLY BOUNDARY LINE, THROUGH A CENTRAL ANGLE OF 02"04'18", AN
ARC DISTANCE OF 70.69 FEET; THENCE LEAVING SAID BOUNDARY LINE
SOUTH 85O52.07" WEST, 18.00 FEET TO A POINT ON THE WESTERLY
RIGHT-OF-WAY OF EL CAMINO REAL, SAID POINT ALSO BEING THE
SOUTHEASTERLY CORNER OF PARCEL C AS DESCRIBED HEREIN; THENCE
PARCEL C SOUTH 85O34'22" WEST, 43.67 FEET; THENCE CONTINUING
ALONG SAID SOUTHERLY LINE SOUTH 79"43'05" WEST, 321.58 FEET TO
THE SOUTHWESTERLY CORNER OF SAID PARCEL C, SAID POINT ALSO BEING
THE SOUTHEASTERLY CORNER OF THAT CERTAIN GENERAL UTILITY AND
ACCESS EASEMENT TO THE CITY OF CARLSBAD RECORDED ON DECEMBER 31,
1998 ON MAP NO. 13716; THENCE ALONG THE SOUTHERLY LINE OF SAID
FEET; THENCE CONTINUING ALONG SAID SOUTHERLY EASEMENT LINE SOUTH
75°01'13" WEST, 393.75 FEET TO A POINT ON THE WESTERLY LINE OF
SAID GENERAL UTILITY AND ACCESS EASEMENT, SAID POINT ALSO BEING
THE TRUE POINT OF BEGINNING;
LEAVING SAID RIGHT-OF-WAY AND ALONG THE SOUTHERLY LINE OF SAID
GENERAL UTILITY AND ACCESS EASEMENT SOUTH 79'43'06'' WEST, 19.40
THENCE LEAVING SAID SOUTHERLY EASEMENT LINE SOUTH 75"01'13" WEST,
40.00 FEET; THENCE SOUTH 14°58v47" EAST, 131.50 FEET; THENCE
NORTH 75"01'13" EAST, 8.25 FEET; THENCE SOUTH 14O58'47" EAST,
16.50 FEET TO THE NORTHERLY LINE OF SAID GENERAL UTILITY AND
ACCESS EASEMENT; THENCE ALONG SAID NORTHERLY EASEMENT LINE SOUTH
75'01' 13" WEST, 28.25 FEET; THENCE LEAVING SAID EASEMENT LINE
NORTH 14'58'47" WEST, 168.00 FEET; THENCE NORTH 75°01'13" EAST,
60.00 FEET TO THE WESTERLY LINE OF SAID GENERAL UTILITY AND
ACCESS EASEMENT; THENCE ALONG SAID WESTERLY EASEMENT LINE SOUTH
14'58'47'' EAST, 20.00 FEET TO THE TRUE POINT OF BEG1
ARE2 = 4,296 SQUARE FEET
PAGE 4 OF 7
EXHIBIT "A"
WATER EASEMENT AT PARCEL 1
OF PARCEL MAP NO. 1110
PARCEL C
ALL THAT PORTION OF PARCEL 1 IN THE CITY OF CARLSBAD, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARCEL MAP THEREOF
NO. 1110, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY OF SAN DIEGO, NOVEMBER 10, 1972 AS FILE NO. 302114 OF
OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEASTERLY CORNER OF SAID PARCEL 1, SAID
POINT BEING ON A 1955.00 FOOT RADIUS CURVE, CONCAVE
SOUTHWESTERLY, A RADIAL TO SAID POINT BEARS NORTH 83'47'49'' EAST;
THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE AND ALONG SAID
EASTERLY BOUNDARY LINE, THROUGH A CENTRAL ANGLE OF 02'04'18", AN
ARC DISTANCE OF 70.69 FEET; THENCE LEAVING SAID BOUNDARY SOUTH
85"52'07" WEST, 18 -00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-
WAY OF EL CAMINO REAL, SAID POINT ALSO BEING THE TRUE POINT OF
BEGINNING;
THENCE LEAVING SAID RIGHT-OF-WAY SOUTH 85'34'22'' WEST, 43.67
FEET; THENCE SOUTH 79'43'05" WEST, 321.58 FEET TO THE
SOUTHEASTERLY CORNER OF THAT CERTAIN GENERAL UTILITY AND ACCESS
EASEMENT TO THE CITY OF CARSLBAD RECORDED DECEMBER 31, 1998 ON
MAP NO. 13716; THENCE ALONG THE EASTERLY LINE OF SAID GENERAL
UTILITY AND ACCESS EASEMENT NORTH 10°16'55" WEST, 20.00 FEET;
THENCE LEAVING SAID EASTERLY EASEMENT LINE NORTH 79'43'05" EAST,
129.91 FEET; THENCE NORTH lO"16'55" WEST, 20.20 FEET; THENCE
NORTH 79'43'05'' EAST, 20.00 FEET; THENCE SOUTH lO"16'55" EAST,
20.20 FEET; THENCE NORTH 79'43'05" EAST, '172.69 FEET; THENCE
NORTH 85'34'22'' EAST, 44.70 FEET TO A POINT ON A 1937.00 FOOT
RADIUS NON-TANGENT CURVE, CONCAVE SOUTHWESTERLY, SAID POINT ALSO
BEING A POINT ON SAID WESTERLY RIGHT-OF-WAY OF EL CAMINO REAL, A
RADIAL TO SAID POINT BEARS NORTH 85'16'37" EAST; THENCE
SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE AND ALONG SAID
WESTERLY RIGHT-OF-WAY, THROUGH A CENTRAL ANGLE OF 00°35'30", AN
ARC DISTANCE
AREA = 7,730
OF 20.00 FEET
SQUARE FEET
TO THE
PAGE 5
TRUE -
OF 1
POINT OF BEGINNING.
-272
EXHIBIT "A"
WATER EASEMENT AT PARCEL 1
OF PARCEL MAP NO. 1110
PARCEL D
ALL THAT PORTION OF PARCEL 1 IN THE CITY OF CARLSBAD, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARCEL MAP THERSOF
NO. 1110, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY OF SAN DIEGO, NOVEMBER 10, 1972 AS FILE NO. 302114 OF
OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEASTERLY CORNER OF SAID PARCEL 1, SAID
POINT BEING ON A 1955.00 FOOT RADIUS CURVE, CONCAVE
SOUTHWESTERLY, A RADIAL TO SAID POINT BEARS NORTH 83'47'49'' EAST:
THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE AND ALONG SAID
EASTERLY BOUNDARY LINE, THROUGH A CENTRAL ANGLE OF 14°05r11", AN
ARC DISTANCE OF 480.64 FEET: THENCE LEAVING SAID BOUNDARY NORTH
82°07r00" WEST, 30.00 FEET TO A POINT ON THE PROPOSED WESTERLY
RIGHT-OF-WAY OF EL CAMINO REAL, SAID POINT ALSO BEING THE TRUE
POINT OF BEGINNING;
THENCE LEAVING SAID PROPOSED WESTERLY RIGHT-OF-WAY NORTH
82O58'06" WEST, 106.00 FEET; THENCE SOUTH 07°01f54" WEST, 5.22
FEET; THENCE NORTH 82O58'06" WEST, 20.00 FEET; THENCE NORTH
07°01f54" EAST, 25.22 FEET; THENCE SOUTH 82'58'06'' EAST, 126.22
FEET TO A POINT ON A 310.00 FOOT RADIUS NON-TANGENT CURVE,
CONCAVE SOUTHEASTERLY, SAID POINT ALSO BEING A POINT ON SAID
PROPOSED WESTERLY RIGHT-OF-WAY OF EL CAMINO REAL, A WIAG TO
SAID POINT BEARS NORTH 81O58' 18" WEST: THENCE SOUTHWESTERLY,
ALONG THE ARC OF SAID CURVE AND ALONG SAID PROPOSED WESTERLY
RIGHT-OF-WAY, THROUGH A CENTRAL ANGLE OF' 0Oo38'16"t AN ARC
DISTANCE OF 3.45 FEET TO THE BEGINNING OF A REVERSE 1925.00 FOOT
-
RADIUS CURVE, CONCAVE TO THE NORTHWEST; THENCE CONTINUING ALONG
SAID PROPOSED RIGHT-OF-WAY AND SOUTHWESTERLY ALONG THE ARC OF
SAID CURVE, THROUGH A CENTRAL
OF 16.55 FEET TO THE TRUE POINT OF
AREA = 2,627 SQUARE FEET
m. xI1m
PAGE 6 OF 7
CMWD 97-272
EXHIBIT "A"
WATER EASEMENT AT PARCEL 1
OF PARCEL MAP NO. 1110
PARCEL E
ALL THAT PORTION OF PARCEL 1 IN THE CITY OF CARLSBAD, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARCEL MAP THEREOF
NO. 1110, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY OF SAN DIEGO, NOVEMBER 10, 1972 AS FILE NO. 302114 OF
OFFICIAL RECORDS, MORE PARTICULARLY AS FOLLOWS:
BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID PARCEL I, THENCE
NORTHEASTERLY ALONG THE EASTERLY BOUNDARY LINE OF SAID PARCEL 1
NORTH 08"08'55" EAST, 41.00 FEET TO THE NORTHEASTERLY CORNER OF
THAT CERTAIN GENERAL UTILITY AND ACCESS EASEMENT TO THE CITY OF
CARLSBAD RECORDED ON DECEMBER 31, 1998 ON MAP NO. 13716; THENCE
LEAVING THE EASTERLY LINE OF SAID PARCEL 1, AND CONTINUING ALONG
THE NORTHERLY LINE OF SAID GENERAL UTILITY AND ACCESS EASEMENT,
NORTH 81"51'05" WEST, 37.95 FEET TO THE BEGINNING OF A TANGENT
541.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY, SAID POINT ALSO
BEING A POINT ON THE PROPOSED WESTERLY RIGHT-OF-WAY OF EL CAMINO
REAL; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE OF 09'25'46", AN ARC DISTANCE OF 89.04 FEET TO TRUE
POINT OF BEGINNING.
THENCE LEAVING SAID NORTHERLY EASEMENT LINE NORTH 04O08'03" WEST,
21.15 FEET; THENCE SOUTH 85'51'57'' WEST, 15.27 FEET; THENCE NORTH
08'08'55'' EAST, 41.21 FEET; THENCE SOUTH 81°51'05" EAST, 17 .OO
FEET; THENCE NORTH 08"08'55" EAST, 20.00 FEET; THENCE NORTH
81°51'05" WEST, 37 .OO FEET; THENCE SOUTH 08'08'55'' WEST, 71.17
FEET; THENCE SOUTH 04°08'03" EAST, 15.10 FEET TO A POINT ON A
541 .OO FOOT RADIUS NON-TANGENT CURVE, CONCAVE SOUTHERLY, SAID
POINT ALSO BEING A POINT ON THE NORTHERLY LINE OF SAID GENERAL
UTILITY AND ACCESS EASEMENT, A RADIAL TO SAID POINT BEARS NORTH
05°11'36" WEST; THENCE ALONG THE ARC OF SAID CURVE AND ALONG SAID
NORTHERLY EASEMENT LINE, THROUGH A CENTRAL ANGLE OF 03"54'45", AN
ARC DISTANCE OF 36.94 FEET TO THE TRUE POINT OF BEGINNING.
AREA = 2,367 SQUARE FEET 6
F:\MSOFFICE\WINWORD\971041\WTRESMT.LGL
SCALE: 1' = loo'
L unm & ACCESS mc arr cy CARLSBAD
?EQUESTED BY QS/LNP REAL ESTATE IMICO PARTNERSHIP
NINE. CA 926
0 EXECUTM PARK, ST€. lo( 13-9693
WATER EASEMENT SHT. 3 OF 6 SHTS.
A,P,N, 213-020-14
C.M.W.D. 97-272 DATE 8-21-98
~.\~swIuI\-. W-D-W ..=.a P CSI
WT 8
. _. _.:
EASERL Y BOONOARY LINE W PARCEL I
Sl PE & ORAINAK EASEAfENl
REC 3- 12- 70 10 CWNIY ff SAN OIEGO
FB 44690 & 44691
W fl CAMNO REAL KSEUL r R1mr-w- WAY
mmr-Ly- w~ r RQPO~ KSEUL r
W fl CAMNO REAL
NOTE
RECORDING REQUESTED BY
W9 / LNP REAL ESTATE LIMITED PARTNERHSIP
AND WHEN RECORDED, PLEASE MAIL TO
Carlsbad Municipal Water District
5950 El Camino Real
Carlsbad. California 92008
Please record the document at no fee as it is to the
benefit of the District (Gov. Code [6103].)
FS
3007 DOC #j 1999-0789038
VIP NF
Space above this line for Recorder's use.
ASSESSOR'S PARCEL NO. 213-020-14
PROJECT NO. 8 NAME: A
SUBORDINATION AGREEMENT
(TRUST DEED HOLDERS)
NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR
SECURITY INTEREST IN THE PROPERTY BECOMING
WHICH YOUR SECURITY INSTRUMENT ATTACHES AND
SUBJECT TO (AN) EASEMENT IN THE REAL PROPERTY TO
OF YOUR SECURITY INTEREST. HAS THE POTENTIAL EFFECT OF REDUCING THE VALUE
THIS AGREEMENT, made thisd&ay of 49B, by
PARTNERSHIP. a Delaware limited DartnershiD, owner oy the land described and hereinafter referred to as "Owner,"
and BANK ONE. ARIZONA. NA. a National Bankina Association, present owner and holder of the deed of trust
hereinafter described, hereinafter referred to as "Beneficiary;"
WITNESSETH
THAT WHEREAS, W9 / LNP REAL ESTATE LIMITED PARTNERSHIP, a Delaware limited DartnershiQ, did
execute a deed of trust, dated December 7, 1998 to FIDELITY NATIONAL TITLE INSURANCE COMPANY as trustee, to
secure a note in the sum of 1($34.150,000) dated December 7,
08/17/98 Rev.
1998 in favor of BANK ONE, ARIZONA. NA. a National Banking Association, recorded in the office of the County Recorder
of San Diego County on December 9. 1998 as File No. 1998-0796774 of Official Records of said county; and
WHEREAS, Owner has executed, or is about to execute, as grantor, a grant of EASEMENTEASEMENTS dated
q-/5- 99 , in favor of the Carlsbad Municipal Water District as grantee, hereinafter referred to as ”Easement
Grantee,” creating ANDHE EASEMENT/EASEMENTS more particularly described in EXHIBITEXHIBITS “A” & “B
attached hereto; and
WHEREAS, Easement Grantee is willing to accept said EASEMENTEASEMENTS provided the grant of
EASEMENTEASEMENTS is a charge upon the above described property prior and superior to the lien or charge of the
deed of trust above mentioned and provided that beneficiary will specifically and unconditionally subordinate the lien or
charge of the deed of trust above mentioned to the lien or charge of the EASEMENTlEASEMENTS created in favor of
Easement Grantee; and
WHEREAS, it is to the mutual benefit of the parties hereto that Easement Grantee accept said
EASEMENTEASEMENTS and Beneficiary is willing that the grant of EASEMENTlEASEMENTS shall, when recorded,
constitute a charge upon said land which is unconditionally prior and superior to the lien or charge of the deed of trust
above mentioned.
NOW, THEREFORE, in consideration of the mutual benefits accruing to the parties hereto and other valuable
consideration, the receipt and sufficiency of which consideration is hereby acknowledged, and in order to induce Easement
Grantee to accept said EASEMENTEASEMENTS above referred to, it is hereby declared, understood and agreed as
follows:
1. That said EASEMENTEASEMENTS in favor of Easement Grantee shall unconditionally be and remain
at all times a charge on the property therein described, prior and superior to the lien or charge of the deed of trust above
mentioned.
2. That Easement Grantee would not accept said EASEMENTEASEMENTS above described without this
subordination agreement.
3. That this agreement shall be the whole and only agreement with regard to the subordination of the
lien or charge of the deed of trust above mentioned to the EASEMENTEASEMENTS in favor of Easement Grantee above
referred to and shall supersede and cancel, but only insofar as would affect the priority between the deed of trust and
2 08/17/98 Rev.
EASEMENTIEASEMENTS hereinbefore specifically described, any prior agreement as to such subordination including,
but not limited, those provisions, if any, contained in the deed of trust above mentioned, which provide for the
subordination of the lien or charge thereof to another interest in the real property therein described.
BENEFICIARY declares, agrees and acknowledges that:
1. I (We) consent to and approve the grant of EASEMENTIEASEMENTS in favor of the Easement
Grantee.
2. I (We) intentionally and unconditionally subordinate the lien or charge of the deed of trust above
mentioned to the EASEMENTIEASEMENTS in favor of Easement Grantee above referred to and understands that in
reliance upon, and in consideration of, this subordination of the grant of EASEMENTIEASEMENTS is being executed and
delivered, the EASEMENTIEASEMENTS WARE being created, and that specific monetary and other obligations are being
and will be entered into by the Easement Grantee, other lenders and title insurance companies which would not be made
or entered into but for said reliance upon the subordination; and
111
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3 08/17/98 Rev
BENEFICIARY: BANK ONE, ARIZONA, NA. a National Banking
Association
(authorized signature)
Its: J~G ? (e5der c
(title)
By:
Its: , (title)
this I5 day ofwmbo r , u
OWNER:
W9ILNP REAL ESTATE LIMITED PARTNERSHIP.
(Proper notarial acknowledgement of execution of OWNER and BENEFICIARY must be attached.)
NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRETARY OR ASSISTANT SECRETARY MUST
SIGN A CORPORATE EXECUTION OF THIS DOCUMENT. ALTERNATELY A TRUE COPY OF THE RESOLUTION
CORPORATION, UNDER CORPORATE SEAL SPECIFICALLY EMPOWERING THE INDIVIDUAL SIGNING IN
OF THE BOARD OF DIRECTORS THAT IS SIGNED BY THE SECRETARY OR ASSISTANT SECRETARY OF THE
BEHALF OF THE CORPORATION WILL SHOW SUFFICIENT AUTHORITY OF SAID INDIVIDUAL TO ACT IN THIS
MATTER.
CONSULT WITH THEIR AlTORNEYS WITH RESPECT THERETO.
IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS SUBORDINATION AGREEMENT, THE PARTIES
Approved as to form:
RONALD R. BALL, General Counsel
By:
Assistan-nsel CMWD 97-272
08/17/98 Rev. 4
3011
STATE OF CALIFORNIA 1
COUNTY OF 1 ss
On before me.
DATE NAME AND TItE OF OFFICER
personally appeared n
NAM-S) OF SIGNER@)
personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person@ whose
namw ishsubscribed to the within instrument and acknowledged to me that hefshdhey executed the same in
hiske&he+ authorized capacity@@. and that by hishefk4eir signatureo on the instrument the person@, or the entity
upon behalf of which the personfe)acted, executed the instrument.
WITNESS my hand and official seal
(This area for official notary seal.)
~ ~~
Title or Type of Document
Date of Document No. of Pages
Signer(s) other than named above
CMWD 97-272
0611 4/95 Rev.
.. , ,. ,
..
3012
personally appeared
known to me - OR -3np whose
name$) islafe-subscribed to the within instrument and acknowledged to me that he/- executed the same in
his/heJtkeiFeuthoriz& CapacityCiofX and that by hisHterftkeir signature?) on the instrument the PerSOnJb, Or the entity
upon behalf of which the person ) acted, executed the instrument. P
WITNESS my hand and official seal
Title or Type of Do
Date of Document I Signer(s) other than named above /??&I b I
06/14/95 Rev.
i , .,
3013
MARCH 12, 1998
REVISED JUNE 15, 1998
REVISED JULY 22, 1998
REVISED FEBRUARY 4, 1999
J.N. : 971041
EXHIBIT "A"
WATER EASEMENT AT PARCEL 1
OF PARCEL MAP NO. 1110
PARCEL A
ALL THAT PORTION OF PARCEL 1 IN THE CITY OF CARLSBAD, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARCEL MAP THEREOF
NO. 1110, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY OF SAN DIEGO, NOVEMBER 10, 1972 AS FILE NO. 302114 OF
OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEASTERLY CORNER OF SAID PARCEL 1, SAID
POINT BEING ON A 1955.00 FOOT RADIUS CURVE, CONCAVE
SOUTHWESTERLY, A RADIAL TO SAID POINT BEARS NORTH 83'47'49" EAST:
THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE AND ALONG SAID
EASTERLY BOUNDARY LINE, THROUGH A CENTRAL ANGLE OF 14'21'06", AN
ARC DISTANCE OF 489.70 FEET: THENCE CONTINUING ALONG THE
BOUNDARY OF SAID PARCEL 1 AND TANGENT TO SAID CURVE SOUTH
08O08'55" WEST, 249.18 FEET; THENCE LEAVING SAID BOUNDARY NORTH
81'51'05" WEST, 39.02 FEET TO A POINT ON THE PROPOSED WESTERLY
RIGHT-OF-WAY OF EL CAMINO REAL, SAID POINT ALSO BEING THE TRUE
POINT OF BEGINNING:
THENCE LEAVING SAID PROPOSED RIGHT-OF-WAY NORTH 8l051'05" WEST,
151.88 FEET; THENCE SOUTH 08'08'55'' WEST 6.70 FEET: THENCE NORTH
81'51' 05" WEST, 20.00 FEET; THENCE NORTH 08O08'55" EAST, 6.70
FEET: THENCE NORTH 81°51'05" WEST, 27.66 FEET; THENCE SOUTH
14'58'47'' EAST, 15.28 FEET: THENCE SOUTH 75"01'13" WEST, 43.41
FEET: THENCE NORTH 14'58'47" WEST, 18.00 FEET; THENCE SOUTH
75°01'13" WEST, 288.34 FEET: THENCE SOUTH 14'58'47'' EAST, 246.24
FEET: THENCE SOUTH 08°08'55" WEST, 8.78 FEET: THENCE SOUTH
81'51'05" EAST, 15.68 FEET: THENCE SOUTH 08'08'55'' WEST, 20.00
FEET; THENCE NORTH 81°51'05" WEST, 15.68 FEET: THENCE SOUTH
08°08r 55" WEST, 430.54 FEET; THENCE SOUTH 22'36'43" EAST, 53.89
FEET TO A POINT ON THE NORTHERLY LINE OF THAT CERTAIN GENERAL
UTILITY AND ACCESS EASEMENT TO THE CITY OF CARLSBAD RECORDED
DECEMBER 31, 1998 ON MAP NO. 13716; THENCE ALONG SAID NORTHERLY
EASEMENT LINE SOUTH 67°23r11" WEST, 20.00 FEET: THENCE LEAVING
SAID NORTHERLY EASEMENT LINE NORTH 22'36'43" WEST, 59.40 FEET;
PAGE 1 OF 7
CMWD 97-272
3014
THENCE NORTH 08'08'55" EAST, 423.97 FEET: THENCE NORTH 81°51'05"
WEST, 7.87 FEET; THENCE NORTH 08"08'55" EAST, 20.00 FEET; THENCE
SOUTH 81°51'05" EAST, 7.87 FEET; THENCE NORTH 08°08' 55" EAST,
16.75 FEET; THENCE NORTH 14°58'47" WEST, 242.14 FEET; THENCE
SOUTH 75°01'13" WEST, 26.63 FEET: THENCE SOUTH 14'58'47'' EAST,
36.00 FEET; THENCE SOUTH 75°01'13" WEST, 25.00 FEET; THENCE NORTH
14'58'47'' WEST, 36.00 FEET: THENCE SOUTH 75"01'13" WEST,
FEET; THENCE SOUTH 52"50'01" WEST, 43.98 FEET: THENCE
FEET: THENCE SOUTH 08"08'55" WEST, 44.91 FEET: THENCE
81°51'05" EAST, 46.39 FEET; THENCE SOUTH 08°08'55" WEST,
FEET; THENCE NORTH 81°51'05" WEST, 46.39 FEET: THENCE
08°08'55N WEST, 316.51 FEET; THENCE SOUTH 81°51'05" EAST,
FEET; THENCE NORTH 08'08' 55" EAST, 8.17 FEET; THENCE
81°"'05'' EAST, 20.00 FEET; THENCE SOUTH 08"08'55" WEST,
0E008'55" WEST, 235.60 FEET: THENCE SOUTH 53'08'55'' WEST,
191.20
SOUTH
69.93
SOUTH
20.00
SOUTH
27.10
SOUTH
8.17
FEET; THENCE SOUTH 81'51'05'' EAST, 210.61 FEET TO THE BEGINNING
OF A TANGENT 265.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY: THENCE
SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL
ANGLE OF 11°25'57", AN ARC DISTANCE OF 52.88 FEET: THENCE NORTH
05"26'47" WEST, 11.80 FEET; THENCE NORTH 84"33'13" EAST, 19.88
FEET TO THE NORTHWESTERLY CORNER OF SAID CITY OF CARLSBAD
GENERAL UTILITY AND ACCESS EASEMENT; THENCE ALONG THE WESTERLY
LINE OF SAID EASEMENT SOUTH 08°08'55" WEST, 32.91 FEET TO THE
BEGINNING OF A NON-TANGENT 285.00 FOOT RADIUS CURVE, CONCAVE
NORTHERLY, A RADIAL TO SAID POINT BEARS SOUTH 05'52'37" EAST;
THENCE LEAVING SAID WESTERLY EASEMENT LINE NORTHWESTERLY ALONG
THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 14'01'32", AN
ARC DISTANCE OF 69.77 FEET; THENCE TANGENT TO SAID CURVE NORTH
FEET; THENCE NORTH 81'51'05'' WEST, 33.00 FEET; THENCE NORTH
FEET; THENCE NORTH 08O08'55" EAST, 121.77 FEET: THENCE NORTH
81°51'05" WEST, 18.00 FEET; THENCE NORTH 08°08'55" EAST, 20.00
FEET; THENCE SOUTH 81"51'05" EAST, 18.00 FEET: THENCE NORTH
08O08'55" EAST, 108.64 FEET; THENCE NORTH 53'08'55" EAST, 69.93
81°51'05" WEST, 277.71 FEET; THENCE NORTH 08O08'55" EAST, 124.29
08°08'55" EAST, 35.00 FEET; THENCE SOUTH 81'51'05'' EAST, 33.00
FEET; THENCE NORTH 08"08'55" EAST, 157.16 FEET; THENCE NORTH
81°51'05" . WEST,. 8 .OO FEET; THENCE NORTH 08'08'55'' EAST, 20.00
FEET: THENCE SOUTH 81°51'05" EAST, 8 .OO FEET; THENCE NORTH
08O08'55" WST, 21.75 FEET: THENCE NQRTH 81O51'05" WEST, 23.00
FEET; THENCE NORTH 08°08'55" EAST, 35.00 FEET: THENCE SOUTH
81'51'05'' EAST, 23.00 FEET; THENCE NORTH 08"08'5S" EAST, 1.63
FEET; THENCE NORTH 52"50' 01" EAST, 56.12 FEET; THENCE NORTH
PAGE 2 OF 7
WD 97-272
3015
75'01'13'' EAST, 147.33 FEET; THENCE NORTH 14O58'47" WEST, 11.31
FEET; THENCE NORTH 75O01'13" EAST, 25.00 FEET; THENCE SOUTH
14'58'47'' EAST, 11.31 FEET; THENCE NORTH 75'01'13'' EAST, 74.41
FEET; THENCE NORTH 14'58'47" WEST, 8.00 FEET; THENCE SOUTH
75'01' 13" WEST, 13.00 FEET; THENCE NORTH 14'58'47'' WEST, 20.00
FEET; THENCE NORTH 75°01'13" EAST, 13.00 FEET; THENCE NORTH
14'58'47'' WEST, 142.50 FEET; THENCE SOUTH 75"01'13" WEST, 63.00
FEET: THENCE NORTH 14'58'47" WEST, 196.50 FEET TO A POINT ON THE
SOUTHERLY LINE OF SAID CITY OF CARLSBAD GENEFLU UTILITY AND
ACCESS EASEMENT: THENCE ALONG SAID SOUTHERLY EASEMENT LINE NORTH
75°01'13" EAST, 20.00 FEET; THENCE LEAVING SAID EASEMENT LINE
SOUTH 14'58'47'' EAST, 176.50 FEET; THENCE NORTH 75°01'13" EAST,
75001r~3" EAST, 18.00 FEET; THENCE SOUTH 14058'47" EAST, 20.00
FEET; THENCE SOUTH 75'01'13'' WFST, 18.00 FEFT; TYpICE SOUTH
14'58'47'' EAST, 125.50 FEET; THENCE NORTH 75'01r 43" E&E;T, 254.25
FEET; THENCE NORTH 14°58'47" WEST, 11.10 FEET; THENCE NORTH
7S001'13" EAST, 35.00 FEET; THENCE SOUTH 14'58'47'' EAST, 11.10
FEET; THENCE NORTH 75°01'13" EAST, 40.23 FEET; THENCE SOUTH
81O51'05" EAST, 207.01 FEET: THENCE SOUTH 01'54'57" EAST, 20.31
63.00 FEET; THENCE SOUTH 14'58'47'' EAST, 45.00 FEET; THENCE NORTH
FEET TO THE TRGE POINT OF BEGINNING.
AREA = 68,930 SQUARE FEET
PAGE 3 OF 7
CMWD 97-272
3016
EXHIBIT "A"
WATER EASEMENT AT PARCEL 1
OF PARCEL MAP NO. 1110
PARCEL B
ALL THAT PORTION OF PARCEL 1 IN THE CITY OF CARLSBAD, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARCEL MAP THEREOF
NO. 1110, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY OF SAN DIEGO, NOVEMBER 10, 1972 AS FILE NO. 302114 OF
OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEASTERLY CORNER OF SAID PARCEL 1, SAID
POINT BEING ON A 1955.00 FOOT RADIUS CURVE, CONCAVE
SOUTHWESTERLY, A RADIAL TO SAID POINT BEARS NORTH 83'47'49'' EAST;
THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE AND ALONG SAID
EASTERLY BOUNDARY LINE, THROUGH A CENTRAL ANGLE OF 02"04'18", AN
ARC DISTANCE OF 70.69 FEET; THENCE LEAVING SAID BOUNDARY LINE
SOUTH 85°52'07" WEST, 18.00 FEET TO A POINT ON THE WESTERLY
RIGHT-OF-WAY OF EL CAMINO REAL, SAID POINT ALSO BEING THE
SOUTHEASTERLY CORNER OF PARCEL C AS DESCRIBED HEREIN; THENCE
LEAVING SAID RIGHT-OF-WAY AND ALONG THE SOUTHERLY LINE OF SAID
PARCEL C SOUTH 85°34'22" WEST, 43.67 FEET; THENCE CONTINUING
ALONG SAID SOUTHERLY LINE SOUTH 79'43'05" WEST, 321.58 FEET TO
THE SOUTHWESTERLY CORNER OF SAID PARCEL C, SAID POINT ALSO BEING
THE SOUTHEASTERLY CORNER OF THAT CERTAIN GENERAL UTILITY AND
ACCESS EASEMENT TO THE CITY OF CARLSBAD RECORDED ON DECEMBER 31,
1998 ON MAP NO. 13716; THENCE ALONG THE SOUTHERLY LINE OF SAID
GENERAL UTILITY AND ACCESS EASEMENT SOUTH 79'43'06'' WEST, 19.40
FEET; THENCE CONTINUING ALONG SAID SOUTHERLY EASEMENT LINE SOUTH
75°01'13" WEST, 393.75 FEET TO A POINT ON THE WESTERLY LINE OF
SAID GENERAL UTILITY AND ACCESS EASEMENT, SAID POINT ALSO BEING
THE TRUE POINT OF BEGINNING;
THENCE LEAVING SAID SOUTHERLY EASEMENT LINE SOUTH 75°01'13" WEST,
40.00 FEET; THENCE SOUTH 14O58'47" EAST, 131 .SO FEET; THENCE
NORTH 75°01'13" EAST, 8.25 FEET; THENCE SOUTH 14O58'47" EAST,
ACCESS EASEMENT; THENCE ALONG SAID NORTHERLY EASEMENT LINE SOUTH
75°01'13" WEST, 28.25 FEET; THENCE LEAVING SAID EASEMENT LINE
NORTH 14'58'47'' WEST, 168.00 FEET; THENCE NORTH 75°01'13" EAST,
60.00 FEET TO THE WESTERLY LINE OF SAID GENERAL UTILITY AND
ACCESS EASEMENT; THENCE ALONG SAID WESTERLY EASEMENT LINE SOUTH
16.50 FEET TO THE NORTHERLY LINE OF SAID GENERAL UTILITY AND
14O58'47" EAST, 20.00 FEET TO THE TRUE POINT OF BEG1
AREA = 4,296 SQUARE FEET
PAGE 4 OF 7
.. . -3 ,' 3017
EXHIBIT "A"
WATER EASEMENT AT PARCEL 1
OF PARCEL MAP NO. 1110
PARCEL C
ALL THAT PORTION OF PARCEL 1 IN THE CITY OF CARLSBAD, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARCEL MAP THEREOF
NO. 1110, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY OF SAN DIEGO, NOVEMBER 10, 1972 AS FILE NO. 302114 OF
OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEASTERLY CORNER OF SAID PARCEL 1, SAID
POINT BEING ON A 1955.00 FOOT RADIUS CURVE, CONCAVE
SOUTHWESTERLY, A RADIAL TO SAID POINT BEARS NORTH 83'47'49'' EAST;
THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE AND ALONG SAID
EASTERLY BOUNDARY LINE, THROUGH A CENTRAL ANGLE OF 02"04'18", AN
ARC DISTANCE OF 70.69 FEET: THENCE LEAVING SAID BOUNDARY SOUTH
85O52'07" WEST, 18 .OO FEET TO A POINT ON THE WESTERLY RIGHT-OF-
WAY OF EL CAMINO REAL, SAID POINT ALSO BEING THE TRUE POINT OF
BEGINNING;
THENCE LEAVING SAID RIGHT-OF-WAY SOUTH 85'34'22'' WEST, 43.67
FEET; THENCE SOUTH 79°43'05" WEST, 321.58 FEET TO THE
SOUTHEASTERLY CORNER OF THAT CERTAIN GENERAL UTILITY AND ACCESS
EASEMENT TO THE CITY OF CARSLBAD RECORDED DECEMBER 31, 1998 ON
MAP NO. 13716; THENCE ALONG THE EASTERLY LINE OF SAID GENERAL
UTILITY AND ACCESS EASEMENT NORTH 10'16'55'' WEST, 20.00 FEET;
THENCE LEAVING SAID EASTERLY EASEMENT LINE NORTH 79O43'05" EAST,
129.91 FEET; THENCE NORTH 10°16'55" WEST, 20.20 FEET; THENCE
NORTH 79'43'05'' EAST, 20.00 FEET: THENCE SOUTH 10°16'55" EAST,
20.20 FEET: THENCE NORTH 79°43'05" EAST, '172.69 FEET; THENCE
NORTH 85°34'22" EAST, 44.70 FEET TO A POINT ON A 1937.00 FOOT
RADIUS NON-TANGENT CURVE, CONCAVE SOUTHWESTERLY, SAID POINT ALSO
BEING A POINT ON SAID WESTERLY RIGHT-OF-WAY OF EL CAMINO REAL, A
RADIAL TO SAID POINT BEARS NORTH 85'16'37" EAST; THENCE
SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE AND ALONG SAID
WESTERLY RIGHT-OF-WAY, THROUGH A CENTRAL ANGLE OF 00°35'30", AN
ARC DISTANCE OF 20.00 FEET TO THE TRUE POINT OF BEGINNING.
AREA = 7,730 SQUARE FEET
PAGE 5 OF 7
3018
EXHIBIT "A"
WATER EASEMENT AT PARCEL 1
OF PARCEL MAP NO. 1110
PARCEL D
ALL THAT PORTION OF PARCEL 1 IN THE CITY OF CARLSBAD, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARCEL MAP THEREOF
NO. 1110, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY OF SAN DIEGO, NOVEMBER 10, 1972 AS FILE NO. 302114 OF
OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEASTERLY CORNER OF SAID PARCEL 1, SAID
POINT BEING ON A 1955.00 FOOT RADIUS CURVE, CONCAVE
SOUTHWESTERLY, A RADIAL TO SAID POINT BEARS NORTH 83"47'49" EAST;
THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE AND ALONG SAID
EASTERLY BOUNDARY LINE, THROUGH A CENTRAL ANGLE OF 14°05'11", AN
ARC DISTANCE OF 480.64 FEET; THENCE LEAVING SAID BOUNDARY NORTH
82O07' 00" WEST, 30.00 FEET TO A POINT ON THE PROPOSED WESTERLY
RIGHT-OF-WAY OF EL CAMINO REAL, SAID POINT ALSO BEING THE TRUE
POINT OF BEGINNING;
THENCE LEAVING SAID PROPOSED WESTERLY RIGHT-OF-WAY NORTH
82°58'06" WEST, 106.00 FEET; THENCE SOUTH 07"01'54" WEST, 5.22
FEET; THENCE NORTH 82"58'06" WEST, 20.00 FEET; THENCE NORTH
07°01'54" EAST, 25.22 FEET; THENCE SOUTH 82'58'06'' EAST, 126.22
FEET TO A POINT ON A 310.00 FOOT RADIUS NON-TANGENT CURVE,
CONCAVE SOUTHEASTERLY, SAID POINT ALSO BEING A POINT ON SAID
PROPOSED WESTERLY RIGHT-OF-WAY OF EL CAMINO REAL, A RADIAL TO
SAID POINT BEARS NORTH 81O58'18" WEST; THENCE SOUTHWESTERLY,
ALONG THE ARC OF SAID CURVE AND ALONG SAID PROPOSED WESTERLY
RIGHT-OF-WAY, THROUGH A CENTRAL ANGLE OF' 00"38'16", AN ARC
DISTANCE OF 3.45 FEET TO THE BEGINNING OF A REVERSE 1925.00 FOOT
RADIUS CURVE, CONCAVE TO THE NORTHWEST; THENCE CONTINUING ALONG
SAID PROPOSED RIGHT-OF-WAY AND SOUTHWESTERLY ALONG THE ARC OF
SAID CURVE, THROUGH A CENTRAL ANGLE OF 00'29'33''
OF 16.55 FEET TO THE TRUE POINT OF BEGINNING.
AREA = 2,627 SQUARE FEET
PAGE 6 OF 7
CMWD 97-272
3019
EXHIBIT "A"
WATER EASEMENT AT PARCEL 1
OF PARCEL MAP NO. 1110
PARCEL E
ALL THAT PORTION OF PARCEL 1 IN THE CITY OF CARLSBAD, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARCEL MAP THEREOF
NO. 1110, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY OF SAN DIEGO, NOVEMBER 10, 1972 AS FILE NO. 302114 OF
OFFICIAL RECORDS, MORE PARTICULARLY AS FOLLOWS:
BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID PARCEL 1, THENCE
NORTHEASTERLY ALONG THE EASTERLY BOUNDARY LINE OF SAID PARCEL 1
NORTH 08'08'55" EAST, 41.00 FEET TO THE NORTHEASTERLY CORNER OF
THAT CERTAIN GENERAL UTILITY AND ACCESS EASEMENT TO THE CITY OF
CARLSBAD RECORDED ON DECEMBER 31, 1998 ON MAP NO. 13716; THENCE
LEAVING THE EASTERLY LINE OF SAID PARCEL I, AND CONTINUING ALONG
THE NORTHERLY LINE OF SAID GENERAL UTILITY AND ACCESS EASEMENT,
NORTH 81"51'05" WEST, 37.95 FEET TO THE BEGINNING OF A TANGENT
541.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY, SAID POINT ALSO
BEING A POINT ON THE PROPOSED WESTERLY RIGHT-OF-WAY OF EL CAMINO
REAL; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE OF 09'25'46", AN ARC DISTANCE OF 89.04 FEET TO __ TRUE
POINT OF BEGINNING.
THENCE LEAVING SAID NORTHERLY EASEMENT LINE NORTH 04O08'03" WEST,
21.15 FEET; THENCE SOUTH 85"51'57" WEST, 15.27 FEET; THENCE NORTH
0E008' 55" EAST, 41.21 FEET; THENCE SOUTH 81"51'05" EAST, 17 .OO
FEET: THENCE NORTH 08°08'55" EAST, 20.00 FEET: THENCE NORTH
81'51'05'' WEST, 37 .OO FEET; THENCE SOUTH 08'08'55'' WEST, 71.17
FEET; THENCE SOUTH 04O08'03" EAST, 15.10 FEET TO A POINT ON A
541.00 FOOT RADIUS NON-TANGENT CURVE, CONCAVE SOUTHERLY, SAID
POINT ALSO BEING A POINT ON THE NORTHERLY LINE OF SAID GENERAL
UTILITY AND ACCESS EASEMENT, A RADIAL TO SAID POINT BEARS NORTH
05"11'36" WEST: THENCE ALONG THE ARC OF SAID CURVE AND ALONG SAID
NORTHERLY EASEMENT LINE, THROUGH A CENTRAL ANGLE OF 03'54'45", AN
ARC DISTANCE OF 36.94 FEET TO THE TRUE POINT OF BEGINNING.
PAGE 7
91-272
.. . ..
', \ ', LOT 2 \
3023
.. - *. ROAD EASEMENT TO w OF SAN OIEGO pA?$RL Y BOUNDARY LINE OF PARCH I
.%WE & ORAINAR EAXMENT
REC 3- 12- 70 FB 44690 & 44691
ro couNrr of SAN DIEGO
of EL CAMINO REAL MSTERL Y RlGHl- of- WA Y
RIGHT-&" WA Y PRWOXO NSTERL Y
of El CAMINO REA1
NorE
FOR E4SEMENT
DAG4 G40LE SEE
50' 200' SCALE 1" = 100'
A.P.N. 213-020-14
C.M.W.D. 97-272
I
PREPARED BY PATW N. OOAY A,P,N, 213-020-14