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HomeMy WebLinkAboutCMWD 86-502; The Mary E Bressi Trust; 1997-0096706; EasementL- Recording Requested By and When Recorded Return To: Continental Ranch, Inc. 12636 High Bluff Drive, Suite 300 San Diego, California 92130 Attention: David Lother THE ORIGIHAL OF THIS DOCUMEHT WAS RECORDED OH 05-MAR-1997, DOCUMENT HUMBER 1997-0096706. GREGORY SMITH, COUNTY RECORDER SAH DIEGO COUNTY RECORDER'S OFFICE Space Above For Recorder's Use EASEMENT AGREEMENT (Access, Construction and Maintenance; Riparian) THIS EASEMENT AGREEMENT ("Agreement") is made as of Oc . .T d-, , 1996, by MARY BRESSI PERSIC, ELIZABETH BRESSI WIEGAND AND RUTH BRESSI BUDLONG, AS SUCCESSOR CO-TRUSTEES OF THE MARYE. BRESSI DECLARATION OFTRUSTDATEDJUNE2, 1988("Grantor"), to CONTINENTAL RANCH, INC., a Delaware corporation ("Grantee"), with reference to the following RECITALS: A. Granter is the owner of the real property located in the City of Carlsbad ("City"), County of San Diego, California, described on Exhibit "A" attached to this Agreement ("Bressi Property"). B. Grantee is the owner of the real property located in the City described on Exhibit "B" attached to this Agreement ("CRI Property"). Grantee intends to develop the CRI Property pursuant to authorization from City. The development of the CRI Property will include grading, public and private improvements and residential structures. Grantee's development of the CRI Property is commonly referred to as Rancho Carrillo. C. The Bressi Property and the CRI Property have a common boundary. Development of the CRI Property pursuant to the authorization of the City and other public agencies will require access, grading, the construction of drainage improvements, landscaping and maintenance of the resulting riparian area on the Bressi Property. The easement is described on attached Exhibit "C." D. Granter is willing to grant to Grantee an easement over the Bressi Property for specific purposes of access, grading, intermittent detention of storm water and associated uses reasonably necessary for the conservation and monitoring of riparian habitat in connection with the development of the CRI Property. Furthermore, Grantor recognizes and expressly consents to the assignment from Grantee of the easement created herein to the City, public environmental agency or other not for profit entity for the preservation and conservation of the riparian habitat. crg\con-bra-rip. eas <YJ/22196 -1- E. The parties understand and expect that the assignment of this easement to third parties, as described in Recital D above, may require the Grantor and Grantee to sign a "conservation" easement in a form acceptable to the assignee. In that regard, the parties will cooperate and reasonably agree to the preparation and signing of such a "conservation easement" provided such "conservation easement" is substantially consistent with this Agreement. NOW, THEREFORE, Grantor grants to Grantee, for good and valuable consideration the adequacy of which is uncontested, the following easement: 1. Grant of Easement. Grantor grants to Grantee a non-exclusive easement in gross on, over, under and across the Bressi Property for the limited purposes of access, construction, slope creation, landscaping, intermittent storm water detention, maintenance, the construction of drainage structures and the monitoring and conservation of the riparian habitat, in the location described on Exhibit "C" ("Easement"). The grading, landscaping, maintenance, monitoring, conservation and other improvements shall be constructed, installed and maintained pursuant to plans and policies approved by City and other public agencies, including, but not limited to, the Army Corps of Engineers; the California Department of Fish and Grune; and, the United States Fish and Wildlife Service. 2. Grantor's Reservation. Notwithstanding the Easement described in paragraph 1 above, Grantor expressly reserves the right to grade, construct, landscape, maintain and offer for dedication, if necessary, the right of way and associated improvements for Poinsettia Road to be constructed on Bressi Property. Said reservation is expressly described on attached Exhibit "C. II 3. Use of Easement. Grantee shall have the right to use the Easement for access, equipment, materials, workers and monitors of the riparian habitat for the construction, use and maintenance of the work described above and located as described on attached Exhibit "C" and all other purposes which are consistent with this Agreement. Furthermore, Grantee expressly recognizes and includes within this Agreement, the right of any public agency to reasonably enter the Easement for the purpose of inspecting or maintaining the improvements described herein. 4. Grantee's Obligations. Grantee agrees, in connection with such entry on the Bressi Property as described herein: (a) to obtain all governmental permits required in connection with the work described in this Agreement; (b) to perform all work in a safe manner in compliance with all applicable governmental permits, ordinances, regulations and requirements; (c) to not permit any hazardous condition caused by Grantee, or its employees, agents or independent contractors, to remain on the Bressi Property; (d) to repair any damage or disturbance to the Bressi Property caused by Grantee, or its employees, agents or independent contractors; (e) to procure ( or have all work performed by contractors who maintain) general liability insurance in the axnount of at least Two Million Dollars ($2,000,000) per occurrence, naxning Grantor as an additional insured, evidence of which shall be delivered to Grantor prior to Grantee's first entry onto the Bressi Property; (0 to repair and maintain the landscaping, drainage structures, storm water detention area and other improvements described or permitted by this Agreement in a manner which is satisfactory to Grantor, City and other public agencies; and (g) monitor, repair and conserve the riparian habitat pursuant to the requirements of the various public agencies. The insurance described above shall provide that Grantor shall be given at least thirty (30) days written notice prior to the termination or expiration of such policy. Grantor shall have the right to post notices of non-responsibility prior to Grantee's first entry onto the Bressi Property. crg\con-bre3•rip.au 09/22/96 -2- 5. Grantor's Right to Maintain Easement. Notwithstanding any provision of this Agreement to the contrary, Grantor shall have the right, but not the obligation, to notify Grantee when in Grantor's reasonable judgement the improvements, landscaping or slopes installed upon the Easement is not being reasonably maintained by Grantor. However, Grantor's reasonable request must recognize the unique use of the Easement and the regulations of various governmental agencies, including the Army Corps of Engineers and the wildlife agencies of the state and federal governments. Said notice by Grantor shall identify with particularity the deficiency in Grantee's maintenance and shall provide Grantee a reasonable period of time, but not less than thirty (30) days to cure the deficiency. In the event Grantee fails to cure the deficiency, then Grantor may, consistent with appropriate government authorization and without waiver of its rights or prejudice, maintain the landscaping or other improvements and seek reimbursement from Grantee for the reasonable costs incurred. 6. Litigation. In the event of litigation between Grantor and Grantee arising out of or in connection with the Easement or this Agreement, the prevailing party shall be entitled to costs of suit and attorneys' fees. 7. Binding Effect. The provisions of this Agreement shall bind and inure to the benefit of Grantor and Grantee and to their respective successors and assigns. Without limiting the scope or applicability of the preceding sentence, the parties expressly recognize and consent that the burdens and benefits of the easement created herein may be assigned by Grantee to a nonprofit entity or public agency for the purpose of maintaining, conserving and monitoring the riparian habitat. In that regard, the parties expressly recognize that the public agencies described in paragraph 1 above, may require the signing of a "form" conservation easement to facilitate the assignment from Grantee. The parties will reasonably cooperate and sign such a conservation easement provided such conservation easement is substantially similar in scope and purpose as this Agreement. 8. Indemnity. Grantee shall indemnify, protect, hold harmless and defend Grantor (and its partners, officers, directors, shareholders, employees, agents successors and assigns) from and against any and all liabilities, liens, claims, damages, costs, suits or judgments (including attorneys' fees and court costs) arising out of; (a) labor or services performed or materials furnished to or for the benefit of Grantee; (b) personal injury or property damage arising out of entry upon the Bressi Property by Grantee or its employees, agents or independent contractors; or ( c) breach of this Agreement by Grantee. crg\con.bru-rip.tm 09/22/96 -3- 9. Additional Documents. Grantor shall provide, upon the written request of Grantee, a signed "permission to grade letter" in the form of attached Exhibit "D" to the City. THIS EASEMENT AGREEMENT has been signed as of the date first set forth above. crg\con-bru-rip.etJS 09/ll/96 THE MARYE. BRESSI TRUST DATED JUNE 2, 1988 ~~-~,?favu,✓ Mi: RuBudlong,Tstee -4- Mary E. Bressi Trust Ml!. Mfu-y Persic, Trustee Mary E. Bressi Trust CALIFORl\!IA ALL-PURPOSE ACKNOWLEDGMENT State of County of Ctr vi F o v I\J, If 0rZ..v4--tuG,,E On --'1---=0=---· _'2.=_'___,?-,,.-="'=-------before me, JE Ef;:,.'¾,,,.~ .. 1.':-~ ~•"I.,~ 0 T,,W-;-/. personally appeared __ ,c.&....,.4.Lrl..~-l/...,_,__,,.d"--'i,,JJ{=:.:c/.-=o-21t.711'==:=----------~· ~s) of Signer(s) □ personally known to me -OR -'§,(proved to me on the basis of satisfactory evidence to be the person~ whose name(s) is/afe subscribed to the within instrument and acknowledged to me that l.e/she/11:ley executed the same inflielher/ll!eir authorized capacity(ieej, and that by 1··············· < :· _ _.~. ~-'·. COMM.# 1060174 i ~ • ·,;.~~--JEFl'REYPAULALLISON --hislher/tReir signature(-&! on the instrument the person(&r, or the entity upon behalf of which the person(9rScted, executed the instrument. ~ ! -~-~ • ; Notary Pubnc -California ~ ·-4 • ORANGE COUNTY l J ·., · · · My Comm. E•pires JUN 9. 1999 WITNESS my hand and official seal. o soooscuscuec ;2#;~m~~ ------------OPTIONAL------------ Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: __________________________ _ Document Date: ____________________ Number of Pages: ____ _ Signer(s) Other Than Named Above: _____________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ___________ _ □ Individual □ Corporate Officer Title(s): ___________ _ □ Partner -□ Limited □ General □ Attorney-in-Fact D Trustee □ Guardian or Conservator RIGHT THUMBPRINT OF SIGNER 0 Other: ________ Top of thumb here Signer Is Representing: Signer's Name: ___________ _ □ Individual □ Corporate Officer Title(s): ___________ _ □ Partner -□ Limited □ General D Attorney-in-Fact ~ Trustee □ Guardian or Conservator RIGHT THUMBPRINT OF SIGNER 0 Other: ________ Top of thumb here Signer Is Representing: C 1994 National Notary Association• 8236 Remmel Ave .. P.O. Bo,; 7184 • Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call TOIi-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of U t I f:[!rN/ Ii County of t) fe ,4--t?/G{?' On / 0 · 2 -0~ (, before me, li t;f:"~:/.,_.!:..1.f!;:-;.!,,~,,~-ilVuT4(y personally appeared ____ c..#l'--1,,_,i,,,'---"4'---'-/'c_u-~,1'--,'~c.,_,..,,,,,...__,.,------------· T Name{s) of Signer(s) □ personally known to me -OR -W'.'proved to me on the basis of satisfactory evidence to be the perso~ whose namets) is/are-5ubscribed to the within instrument and acknowledged to me that Re/she,41:tey executed the same in l'tis/her/ti'leir authorized capacity(ie&r, and that by his/her/tAeir signaturets) on the instrument the person\&), or the entity upon behalf of which the personf.) acted, executed the instrument. WITNESS my hand and official seal. ------------OPTTONAL------------ Though the information below is not required by Jaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document TIiie or Type of Document: __________________________ _ Document Date: ___________________ Number of Pages: ____ _ Signer(s) Other Than Named Above: ______________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ___________ _ □ Individual □ Corporate Officer ntle(s): ___________ _ □ Partner -□ Limited □ General □ Attorney-in-Fact □ Trustee □ Guardian or Conservator RIGHT THUMBPRINT OF SIGNER 0 Other: ________ Top of thumb here Signer Is Representing: Signer's Name: ___________ _ □ Individual □ Corporate Officer ntle{s): ____________ _ □ Partner -□ Limited □ General □ Attorney-in-Fact :3--Trustee □ Guardian or Conservator RIGHT THUMBPRINT OF SIGNER 0 Other: ________ Top of thumb here Signer Is Representing: 0 1994 Nallonal Notary Association• 8236 Rammet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder. Call To~•FrN 1-800-876.a827 CALIFORNIA ALL-PURPOSE ACKNOWLEliGMENT State of County of On / 0 · 2 -9 C? Date before me, ✓1:. EEl'0 p ,4 L-Lr s t!1/'-", /v1J)7)-("v' Name ~e ol Ofr101r (e.g., "Jane Doe, Notary ~ublic1 1/ personally appeared ------'tf(;"',,"r:1-~:.::":..:l:....::.c.,_'f'..-=--""/J'--'-. --::µ::::=-'::::.~'r:r.-""""'':'rL"""-. ___________ , V Name(s) Usionerts) □ personally known to me -OR -¢proved to me on the basis of satisfactory evidence to be the person{&l whose name(ej is/are subscribed to the within instrument and acknowledged to me that l:!elshe/!Rey executed the same in Risi'her/tAeir authorized capacity(~. and that by "1'ris/her/their signature!ej on the instrument the person(.j, or the entity upon behalf of which the person\.j acted, executed the instrument. WITNESS my hand and official seal. ------------OP lONAL------------ Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: __________________________ _ Document Date: ____________________ Number of Pages: ____ _ Signer(s) Other Than Named Above: ______________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ___________ _ □ Individual □ Corporate Officer Title(s): ____________ _ □ Partner -□ Limited □ General D Attorney-in-Fact □ Trustee □ Guardian or Conservator RIGHT THUMBPRINT OF SIGNER D Other: ________ Top of thumb here Signer Is Representing: Signer's Name: ___________ _ □ Individual □ Corporate Officer Title(s): ____________ _ □ Partner -□ Limited □ General □ Attorney-in-Fact □ Trustee □ Guardian or Conservator RIGHT THW.lBPAINT OF SIGNER □ Other: --------Top of thumb here Signer Is Representing: C 1994 NatlOl'lal Notary Associalioo • 8236 Remmel AVtl., P.O. Bo11 7HM • Canoga Park, CA 91309-71&4 Prod. No. 5907 Reorcler. Call Toll-Free 1·800-876-6827 EXHIBIT "A" "BRESSI PROPERTY" Order No: 997974 15 PARCEL A: Exhibit --A" Page I of 4 DESCRIPTION PARCXL l OF PARCEL MAP l.7o3, IN THli: CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO w.P T!!EREOF l'ILED IN THE OFFICE OF THE COtm'rY RSCOR.OSR OF SAN DIEGO COONTY JULY 20, 1973, BEING A DIVISION OF A PORTION OF LOT A OF RANCHO JIGtlA HSDIONDA, ACCORPING TO MAP TKEREOF NO. 823 FILED IN THE OFFICE. OF nm COCNTY RECORDER OF SAN DIEGO COONl'Y l'IOVol!ISSR l.6, l.891>. TOGETHER WITH THA:t' PORTION OF SAID LOT A OF RANCHO .AGtlA HEDIONDA LYING NORTHERLY OF THE NORTHERLY BOCmlARY OF SAill PARCRL !!!AP .l. 763 AND LYING SOOTH:ERLY Oli' THli: am"ER Lil!tE OF nm COONTY ROJUl AS SHOWN 011 COblili ROAD Stirn NO. 757 · ON FtU IN THE OFFICli: OF·'I'!!l; COONTY i!l.'IGil!rallR OF SAID CctmTY • . PARCEL ·Al: JU( EASEMSNT ANtl RIGHT OF WAY FOR n!GllSS AND EGRESS FOR ROAD AND l?tlBLIC tiTILITY PURPOSES OVBR, tmDER, ALONG AND ACROSS THE lraSTERLY 30 ,00 FEET OP PARCEL 2 Oi' PARC!.L MAP NO. l.763, IN Tim CITY OF CARLSBAD, COONTY OF SAN DIZGO,•S'I'An: Oi" . CALIFORNIA, ACCOROI!IG TO ~ THXRli:OF FILED IN nm OFFICE OF TKE. COONu RBCOROSR . OF SAN DI:S:GO COONTY JOLY 20, 1973, BEING A DIVISION OF A POR.TION OF LOT •A• OF 'AAl'ICHO.'llGWI. HEtlIOMlA, ACCOIU:lil'IG TO Mlli' TBlral!OF NO. 823, FILEP ·IN 'l'HE OFFICI! ·OF ·- nm CotrnTY RECORDER OF SM on:GO Coom'Y', NOVn!Bl!R 16, l..896. 'PAACSL 8: A PAACli:L OF LAND BEDlG A PORTION OF LOT B OF RANCHO AGtIA Hli:DIONOA ACCORDil!lG TO ~ T!!U.11:0F 1!10. 823 FILED nr nm OFFICE OF T!m comm: RSCORDBR OF SlUf DIEGO· COONI!, STAT!i: OF CALIP'ORl'!ll., LYnlG NORTHERLY OF THE SoontKRLY rcI: LINE OF SAID rnr·B AND ::iOO'.I'RilU,! Oli' TIIII: ONTRR Lnm OF ROAD SORW'l NO. 757 ON Fm IN TSE OFFICE OF THE COOl:11 :r E?IGil!IED OF SJ>.ID SAIi DllGO OJONt i, SAID STATS OF CALIFORNIA, LOCAn:o IN THJ; CITY OF CARLSBAD, m THE CotmTY OF SM DIXGO, -STATS OF CALIFORNU, MJRE PAATICCLARLY· DIISClUBEO AS li'OLLOWS: COlfMSlllCDIG AT THE NOR'l'!!EllST CORNER OF RECORD OF SmtVn NO. S456 ON FILE IN ntE OFFICE .OF THE COOl!lli RBCORDER OF $Alli· DIBGO COOlllTY, SJ\+P CORlllER BEING ON '1'HB .-NORTBllRLY LnlE OF U11: A OF SAID llMO!O Alm T!!S Clm'I'llR LDG OF SAID ROAD StlRWY NO. 7S7; nmNCS AL01tG SAID lllORT!!ERLY I.m A?'ID ALOlllG SAIZ, Oi&lSR LUS, SOOTH 79 • ·36' 3:z• WEST, 1077.36 FBiT TO 'rl'm Tllm: POINT OF BE1ollilllll'iG, SAID POmr 82ING THB SSGilllNilllG OP A 'I:JING!lm' 3000 roar !WlitlS ctnl:VE, CONCAV.: lllORTHERLY; Ttml'ICE . mvnia. SAID IIIOl!mmRLY LINS AND lfESTERLY ALONG SAID Cllllll.ER .i..Il'IE Allltl ALOlilG Tim JU!C OF !!AU) C'CJRV8 TIIR0C!ill A C3l'l'l'RJIL ~ OP 26° 57' 27", A O:tS"ClllCli OP 1,12..49 Fl!ET TO A POil!IT OF Ct7SP TO WHICH A RAODIL Liml BBARS SOCTll 16 • 33' S9 • WEST, SAID l'OINT BEING ON SAID NORTl!li:RLY Lnlll; ll!ANCB ALOlllG SAID lllORTHmU.Y LINE, SOtl'I'II 73• 26' 01• KAST, 71.9.06 FUT TO Alll AlllGLI> PO!lff; TH!mCE IIIOR.'IH 79• 36' 32" BAST, 7,l9 . 0 S F&:ET TO THE TRtiB POmr OP BlliullllSilllG. PARCEL c:, ALL THAT PORTION OF ·-nm AANO!O AGOl'. HIIDIONDA, nr THI> CITY OF CARLSBAD, COU?l?r Oli' SA1'I DIIIGO, STATS OF CALIFORNIA, ACCORDING TO Mr<P THERIIOF AT?ACHs:O TO fflE PA'l'lmT_ OKED RSCORDBD APRIL :211, l.873 I?il·BOOIC 1, PAGII 1S0 OF .PATSl'ITS, BOOlllOBD AND DESCRIBED AS FOLLOWS: Exhibit .. A" Page 2 of 4 DESCRIPTION COMM>:NCING AT THE NOR'1'H!lt>ST COR.NSR OF ..oT •a• OF SAID RAl!!CHO AGllA HEDIOMlA AS SHOWN ON RECORD OF SCIRVEY MAP NO. Sl 7, FILliD IN THE OFFICE OF THE COONTY RECORDE1! OF SA1'l DIEGO COOl'IT'!, OCTOBER 30, 1935; THSNCE ALONG THi: BOWOAAY OF :SAID LOT, AS SHOWN ON SAID MlU' l.'IO. 517, SOOTH 89° 45' SAST 5173.00 FSET TO Tlra .SOOTHEAST CORNER OF LOT "D" OF SAID KANCHO = HEOIONOA; THENCE CONTINOil'!G ALONG THE BOONOARY OF SAID LOT •a•, SCtiTH 89° 53' EAST 2666.00 FEET, AND SOOTH o• 32' !.AST 2655.2 FEST TO A CORm:R 'I'Hl!R.EOF; TlmNCI: t.EAVING SAID BOtrnDARY, . SOOTH 54° lS' 33" WEST 326.48 Fi:ET (RECORD SOUTH 54° 24' llcST 3:26.4 uET); THlmCS SOOTH so• 55' 35• WllST 1788.65 Fi.n-(RECORD SOOTH 51° 04' WEST 1788.2 .. FEJ:T); THENCR SOOTH 1• 28' 2-l" WSST 757,30 FEET (RSCORD SOOTH 1" 36' Wli:ST 787.l FEET); TH!i:NC:S SOOTH 10• 46' 15' WEST 28'1.38 FEET (RECORD SOOTH 10° 54' WEST 2890. 6 FSBT) TO A PO:mT ON TH:.i SOilTHWSTl!RLY LIN!i: OF SAID U1I: •a•, BEING ALSO A .POim. ON rn CENTER LDIE OF rn CO!m'IY ROAD AS SHOWN ON nm = OP COUl'i Ir ROAtl S'QRVEY·NO. 682 (KNOWN AS COUNTY ROAD A-13), A PLAT OF WHICH IS ON FIU: Ili THE Oi'FI~ OF nm comm-RliCORDXR OF SM DiaGO COOl'ITY; lliiNCB ALONG nm SOUTKW.:STii:RLY BOtmDARY OF SAID LC1r •a•, .AND ALOl!IG SAID C&'ITER LINE OF cotmTY _ROAD StmVEY NO. 682, SOOTH 38° JS• 25' RAST (R:sCORD SOOTH 38° 35' SA.ST) 1047.69 FEET TO ITS I?mi:RS!i:CTION WITH THE WESTERLY PROLONGATION OF THAT CERTAIN COORSE · IN THli: SOOTHERLY BOONl)AAY OF SAID LOT 'B" WHICH IS SHOWN ON SJUD. RSCORD OF S01tVEY 1C1P NO . 51 7 · AS COORS&: NO. • 3 • , AND IS DESIGNATED THEREON AS WI.VDIG A .BEARiml OF SOOTH 84° 38' WEST Aml A LE!IGTH OF 2108.12 FEET, SAit1 ~RSECTION BEING THE TRc:s POINT OF BEG:mNING OP nm Hl.RltIN D&SCRZBlW PROPERn'; THENCS COL'l1"1NOING ALONG THE Cli:N'!l!R LINE OF S,..."'Il CCONI:( ROAD S0RVEY NO. 682, SOOTH 38° 38' 25" li:AST 167 .52 Fli:ET (RECORD 167 .55 F&lIT) TO ITS INT.i:RSiCTION WITH THE c:El!IT2R LINS OF THE CatmTY ROAtl AS S!!OWN ON THE ~ OP COWl'Y ROAD SURVEY NO. 7S7 (JQIO,m AS CiJONl:! ROAD A-20), A PLM' OF WHICH IS ON FILE IN THE Oi"FIC:S OF 'l:"!m. COONTlC RECotmER OF SAN DIEGO Coom";:': THliNCE ALONG SllD CENTER LINE, NORTH 7·5• 19' 42" EAST 871.98 ~ (Rli:CORO !!ORTH 75° 23' ZAST B7J.,8 FEST) TO THB WESTERLY TiRMnlt!S OF nm AFORDml'rIO?mD COORSli: IN nt! SOO'l'KSRLY BCltJNOARY OF SAID·LOT •a• AS SHOWN OK SAID RECORD OP SORWY l!lll.' NO, 517 'IIHICH IS DESI= THli:RBON AS "SOOTH 84° 38' WEST 2·10a.12 FESr•; THENC::S AL0Im Tim WESTERLY PR.OLONGll.TION OF SAID COORSll:, SOO'ffi 84 • 34' 38 • llli:ST A l)ISTJINCE OF 9 52 • 41 F2i.T :'l'C) THS TROE POim' OF BEGIM1ING. li:XCll:PTnlG THEREFROM THAT PORTION DlraD&O TO THE CITY OF CARI.SllAD BY DEED .RS:CO!tt>ED ·A!JGOST 25, 1987 AS FILll: NO·. 87·482006 .lU'ID DESCRIBED AS FOLLOWS: ALL THAT PORTION OF LOT •A• OF THE RMCHO .AGtlA !mDIORDA ACCiJRDil!KJ TO ~ THEREOF NO. 823 nLED IN THE OFFICli: 01' THE COOl'ITY RECOROl:R OF $A111 DIBGO t"1C0""0""N.,.It; JCIOV'EMB&R 16, 1896, IN THE CITY OP CllllLSllllt>, COCNTY OF SAN DIEGO, ST.Ant OF CJILIFORN:tA, . ssrm; MORE P.ARl'ICO'.IILARLY . irascuam, AS FOLLOWS: BiGilffllNG AT A POil'IT Off THB l!IORTHiRLY LINE OF SAID LOT •A• AT THE IN'I'lZRS&C'l'l:ON WITH THE NORTHERLY RIGHT OF WAY OF PALOMIIR AIRPORT ROAD AS SHOWl'I ON .ROAD S0RWY NO. 757 FIL&!) IN THE OFFICB OF THE COOFl'Y RECOllDBR OF SAN DIEGO CC1r11!1T'!; THBNc::& ALONG SAID NORTHERLY Lll.'iE SOOTH as• 02' 03 • WEST 722 .13 PSST TO THE INTERSECTION WITH NORTHERLY RIGHT 01' WAY OF SAID ROAD SURVEY NO. 757, SAlD . POI.IIT ll&Im; ON A l'lON-T.MGlt!l'l' CUR.Vi:, CtmCAW !IORT!WtSTSlU,Y AND HAVING A RADI1JS OF 3l!.·90 FEET (320.00 RKT PZR ROA1l stlRWY NO. 757), A RADIAL LI1'iS THROUGl!: Exhibit .. A" Page 3 of 4 DESCRIPTION SAID POINT BE.ARS NORTH 36° l.2' 24' El'-ST; TKE:NCE ALONG SAl:D c:tmVJi ;.ND NORTHERLY RIGHT OF IQI.Y OF SA:tD ROAD stIRVEY NO. 757, n!ROUGH A CEN'I'RJIL JUIGLB OF so• 27' 52'' AN ARC LENGTH OF 280.88 FEET; THENC:li: TA!'!Gli:l.ff TO SAID CURVE, NORTH 75° 44' 32' &;\ST 40l..64 lra:ET TO BEGilfflING OF-A TANGENT CURVE CONCAVE SOtlTHRASTERLY AND HAVING A RADIUS OF 3,034.59 FEST (3,030.00 FBBT PER SAID ROAD SURVEY NO. 757); 'I'HENC!i: ALONG SAID ~ THROUGH A CEN'!'ltAL ANGLS OF 1 ° 13' 44' AN AAC LllNGTH OP 6S. OS FEET TO TSE POI?n' OP BEGINNING. PAltCli:L D: THAT PORTION OF LOT 'G' OF PJINCHO AGllA l!li:DIOl!IDA IN nr:E CITY OP CARLSBAD, C01JNTY OF SAN DIEGO, STAn: OF CALIFORNIA, ACCORDING TO PARTITION l!!D>.P 'l'HlraEOF NO. 823 FIL!i:D DI THE OFFICB OP Tim CetmTY RllCORDER OF SAN DISGO COO?n'Y D2SClUBBil IN OSEI> TO TH2 cotmTY OF SAN Dili:GO, RECORDEP APRIL 3, 1974 Ill' SAZD IG:C:ORD2R'S OFFICS AS PILE NO. 74-08301S, LXING EASTERLY OF 'I1!li: ~y L.IN!. OF A STRIP OF LAllil 63 1,1;:ST 111:Dli:, THS WESTERLY Ll:lira OF SAID STRIP OF L.MD BEING DSSClttS!ro AS :FOLLOWS: BEGimr.ING AT A POINT Ol'I THE V.ST AND WEST cxmi;:R Lim. OF SECTION 26, TOWNSHIP l.2 SOOTH, RJINGJ;: 4 WEST, SAN BERWUWINO BASE .MD MERIDIAN, DISTMIT nmllON, 1109.ll .. FBST llSn:RLY"VROM 'l,m CANL:.R-OF·SECTION26,··-sAID POINr HAVING COORDil!ll'-Tli:S N EQtlALS 341,927.67 Al!ID S SQCJU,S l.,.688,972.96 OF THB CALil!'ORNIA COORDII(ATE SYSTEM GRID ZONE 6; nmNt:E ALOl'IG 11.EARINGS .MD DISTJU'IC::SS BASED ON ·sA!D CALIFORNIA COORDINATE SYSTEM ZONE 6 AS i'OLLOWS: NOil.TS 7° 35' ll' WEST, l.067 .19 Fli:liT TO THE BSGINNil'IG OF A TJINGl!l'IT CtlRVlil TO TH2 LEFT KA.vn.G A RADIUS OF 1800 FEST; n!SNC:ll: NORTHWESTERLY ALONG SAID ctlRVS THROOGM A ClnlTRAL ANGLE OF 25° 25'. Jo•, A DISTJINC:S OF 798.7S FlraT; THEl'la T.ANOE?IT TO SAID cmtVS, NORTH 33° 00' 4l.' WS:ST, l.603. 06 FSST TO Tim SEGIJ:U<llllG OP A 'Illl'IGENT CtlRVB TO TBS RIGHT HAVIlllG A RADIO'S OF 1500 PSAT; THENCS 50RT!IWl!STERLY, 50RT!!BRLY AND 50R'l'HKAS'I'ERLY ALONG SAID ct1RV1! 'tHllOOGH A C2l!lTRAL ANGLE OF 70• 04' 37", A DISTJINCS OF l.834.61 FEAT; THli:NCli: TllNGSNl' TO SAID ccavz, NORTH 37° 03' s,• EAST, l.344.45 FEST TO THS SEGUINING OF _A TANGiiNT ctlRVS TO THli: LiiT HAVING A RADI'O'S OF l.800 PEAT; THSl'ICE ·50R'l'HXASTERLY AND NORTHB:RLY ALONG SAID CCRVE THROOGH A CllNTRAL A1'IGLB OF 28° S4' 36•, A DIS'I:l>.NCE OF 908.23 Pli::ET; THllNCE VIBG!m'I' TO SAID C!JltVE, 50R'IH 8° 09' 20" EAST, l.986.4S FEET TO Tlm Bli:GI.!fflIBG OF A 'l:MGEl'IT ctlRV$ TO Tim U:PT HA'nNG A "RADIUS OF 2000 FlmT; TH:BlllO: "NORTH2RLY AND l'IORTHWl::STBRLY .llLOl!IG SAID CCRVli: Tim0aGH A Cl!NTRAL JINGLE OF 46° :Zl' lS', A DISTJU'ICS OF 1618.07 PSST; 'l'KlmCS TANG:ENT TO SAID CORVE, NCR'nl 38° ll' ss• W:EST, 30J.4 .98 ·FJraT TO THS BEGnffl'.l:NG OF A TMG:EN't' ctlR"-1'.1 TO THK RIGHT l!Av:mG A MDI'C8 OF 1800 FGT; THENC2 RORT!iWESTl>RLY ·ALONG SAID CORVS, TllROOGH A .C:El'ITRAI, ANGLE OF 15° 29' oo•, A DISTAl'ICli: OF 486 •. 42 PSST; THlmCS ~ TO SAID COtt<lli:, NORTH 22• 42' ss• WEST, 403.31 FE:ST TO Tm. BEGI?INING OF A TA?!Gml' CCRVB TO Tm. LEFT !IAVDIG A RADIUS OF 1800 i':EET; 'I'Hli:l'IC:E · NORTHWEST!:RLY ALOl'IG SAID CORW THRO!lGH A arrI'llAL Am.LE OF Sl• -ll' 4S', A DISTANCS OF 1624.07 FEST; '!'lmNCS TJU!Gml' TO SAID CORW, NORTH 74• :24' 40" WEST, . 917.30 FEET TO THE SEGimr.mG OF A TANGElff CORVS TO THE RIGHT HAVDIG A RADIUS OF 2000 FEAT; nmNCE NORTHWESTERLY ALONG SAID CORV2 THROOaH A Clm'l'RAL A!IGU: OF 21° 53, ll', A DIS'tllNCE OF 763.98 FEET; THEllCE um.mr TO SAID CORVE, NOR.TB s2• .3l.' 29• WltST, 1052.84 FB:sT TO·T!m BEGimtt?IG OF A T.MG!i?IT CORVS TO THE LS!i'T BAVIl'IG A RADIUS OF 3S00 FBST;-THl!l'ICll NORI'HWESTSRLY ALONG SAID CtlRW THROOGH A ClmTRAL ANGLE OF .S• 10' 24• A DIS'l:AlfC:l. OF Jl.6.02 PnT TO A POIBI' WHJ:CH B2ARS SOOTH 32° . 18' 07• WBST, 86.45 FSl!T FR0l!I A 3/4 IlltO! PIPS MlUUCING THS C~ POINTS; POUT Exhibit "A" Page4of4 PESCRIPTION l. OF LOT "ll" AND POINT ll. OF LOT •B• OF RANCHO AGOA lllWIONtlA,. ACCORDING TO MAP nl:S:R.EOF NO. 923 FILKD IN THE OFFICll: OF n!E Cotmn' RECORDER OF SAN DI;;:GO comrrr, , SJUD. COMMON POINTS HAVIro COORDil'IATli:S 11t EQC!ALS 357. 861. 59 Al'l!l s ·i;:QCllU.s li692,720.26 OF SAID CALIFOIU'IIA COORDiiv.n: SYSn:111 zom; 6. EXCEPTING T!mREFROM THAT" PORT::tPN THEREOF LYil'IG JroRTHBRLY JU'IO :NORTHWESTERLY OF A 50 FOOT RADIUS CURVE, COm:AW SOOTHKASTiRLY. THS SOOTHW2STERLY TE.Rh.LNOS OF ·sAIIl CCRVE BBI!IG ITS POilllT OF TJUIGIZ!IO' WI'l'H nm USTSRLY LI?m OF SAID STRIP OF IJUttl. 63 FSBT WlllB. ll1'ltl THB l!IO!tTHQSTSRLY Tl2RMI!lt7S OF SAID CIJRVli: BBI?IG ITS POINT OF. TJU.'IG2l'iCY WITH A LIN:i . THAT IS I?~ WI'm A1!1D DIS'tlUn" 63 FEET Al' RIGHT ·~s ~¢0IH!i!ILY ·li'ROM TSE c:sm'lilR. Lil1B OF ROAD mY· NO. 757 OF THZ COOffl'Y OF . SAJ!·JJIBGO oi!scRl::s.o ~ wmli'i: TO SAil) .. COCll'l'Y ·RSCORD:SO m. BOOK 1069, l?AGB·456 OF SAID· OFFii:uL RBCORDS •. -. EXHIBIT "B" "CRI PROPERTY" Exhibit "B" Page I of 3 LEGAL DESCRIPTION ORDER NO. 1043792-6 THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: ALL THAT PORTION OF SECTION 18 P~D 19, TOWNSHIP 12 SOUTH, R..l\NGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, IN THE CI':'Y OF CARLSB.'ill, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A 2 INCH IRON PIPE WITH A DISC MA..~KED. "RCE 9416", ACCEPTED AS THE NORTHWESTERLY CORNER OF LA COSTA MEADOWS UNIT NO. 3, ACCORDING TO SAID MAP NO. 7076; THENCE NORTH 0°52'06" EAST ALONG THE WEST LINE OF SAiv SECTION 19, A DISTANCE OF 1337.52 FEET; THENCE NORTH 0°03'46" WEST A DISTANCE OF 565.88 FEET TG A POINT IN THE ARC OF A NONTANGENT 2000.00 FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 8°39'55" EAST; THENCE LEAVING SAID WESTERLY LINE OF SECTION 19, EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 16°29'25" A DIST.l\NCE OF 575.62 FEET; THENCE NORTH 64°50'40" EAST 1165.58 FEET TO THE BEGINNING OF A TANGENT 2000.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 21°00'00" A DISTANCE OF 733.04 FEET; THENCE NORTH 85°50'40" EAST 92.05 FEET; THENCE NORTH 4°09'20" WEST 688.38 FEET; THENCE NORTH 85°50'40" EAST A DISTANCE OF 749.94 FEET TO THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 19; THENCE NORTH 0°20'46" EAST ALONG SAID EAST LINE A DISTANCE OF 498.91 FEET TO THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 18; THENCE NORTH O O 4 2' 3 7" WEST ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER A DISTANCE OF 291.42 F2ET; THENCE LEAVING SAID EAST LIEN NORTH 16°13'00" WEST A DISTANCE OF 1640.18 FEET TO THE CENTERLINE OF ROAD SURVEY NO. 7 5 7, PALOMAR AIRPORT ROAD; THENCE NORTH 6 8 ° 3 3' 2 9" EAST ALONG SAID CENTERLINE A DISTANCE OF 802.54 FEET TO THE BEGINNING OF A TANGENT 6000.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 5 ° 3 9' 0 5" A DISTANCE OF 591.81 FEET; THENCE NORTH 74°12'34" EAST A DISTANCE OF 454.40 FEET TO THE BEGINNING OF A TANGENT 3000.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 0°52'58" A DISTANCE OF 46.22 FEET TO THE EAST LIEN OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 18; THENCE SOUTH 0°39'40" WEST ALONG SAID EAST LINE A DISTANCE OF 2492.52 FEET TO THE NORTHEAST CORNER OF THE WEST £-<.ALF OF THE NORTHEAST QUARTER OF SAID SECTION 19; THENCE SOUTH 0°08'36" WEST ALONG THE EAST LINE OF.SAID WEST HALF OF THE NORTHEAST QUARTER A DISTANCE OF 2670.01 FEET TO A 2 INCH IRON PIPE MARKED ACP 1927 ACCEPTED AS THE SOUTHEAST CORNER OF THE · Exhibit "B" Page 2 of3 ORDER NO. 1043792-6 WESTERLY HALF OF THE NORTHEAST QUARTER OF' SECTION 19; THENCE NORTH 89°45' 16" WEST ALONG THE SOUTH LINE Oi: SAID WEST HALF OF' THE NORTHEAST QUARTER A DIST.ZI.NCE OF 1308.48 F'EET TO THE NORTH-SOUTH CENTERLINE OF SECTION 19; THENCE SOUTH 0°20'46" WEST ALONG SAID NORTH-SOUTH CENTERLINE A DIST.ZI.NCE OF 1336.03 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 19; THENCE NORTH 89°46'50" WEST ALONG THE S0UTH LINE OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER TO AND ALONG THE NORTH BOUNDARY OF SAID LA COSTA MEADOWS UNIT NO. 3, MAP NO. 7076, A DIST.ZI.NCE OF 3097.45 FEET TO THE POINT OF BEGINNING, EXCEPTING THEREFROM THAT PORTION GRANTED TO THE CITY OF CARLSBJI.D BY DEED RECORDED FEBRUARY 24, 1977 AS F'ILE NO. 77-068081 OF OFFICIAL RECORDS. PARCEL 2: THE NORTHWEST QUARTER OF T~E SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP 12 SOUTH, R.ZI.NGE 3 WEST, SAN BER."JARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATE GOVERNMENT SURVEY THEREOF. PARCEL 3: ALL THAT PORTION OF THE SOUTHEAST QU.~~TER OF SECTION 24, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNA.~DINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, LYING NORTHERLY; NORTHWESTERLY AND NORTHEASTERLY OF' A LINE DESCRIBED AS FOLLOWS: BEGINNING .!\.T THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER OF SECTION 24; THENCE NORTH 89°37'47" WEST ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER A DISTJI.NCE OF 2635.50 FEET TO THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER; THENCE NORTH 0°42'05" EAST ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER A DISTANCE OF 2277.33 FEET TO THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED LINE; THENCE LEAVING SAID WEST LINE SOUTH 89°17'44" EAST A DISTANCE OF 480.00 FEET TO THE BEGINNING OF A TANGENT 750.00 FOOT R.!\.DIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 57°17'44" A DISTANCE OF 750.00 FEET; THENCE SOUTH 32°00'00" EAST A DISTANCE OF 425. 00 FEET TO THE BEGINNING OF A TANGENT 700. 00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY;"THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 19°20'00" A DISTANCE OF 236.20 FEET; THENCE SOUTH 51°20'00" EAST A DISTANCE OF 440.25 FEET TO THE BEGINNING OF A TANGENT 150.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE EASTERLY ALONG THE A.'<.C OF SAID CURVE' THROUGH A CENTRAL ANGLE OF 82°18'00" A DISTANCE OF 215.46 FEET; THENCE NORTH 46°20'00" EAST A DISTANCE OF 82.83 FEET TO THE BEGINNING OF A NON- TANGENT 900.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 29°32'00" A DISTANCE OF 463.91 FEET; THENCE SOUTH 73°10'00" EAST A DISTANCE OF 120. 00 FEET TO THE BEGINNING OF A TANGENT 900. 00 FOOT Exhibit "B" Page 3 of3 ORDER NO. 1043792-6 RADIUS CURVE, CONCAVE NORTHERLY SAID CURVE BEING THE PROLONGATION OF A 900.00 FOOT CENTERLINE RADIUS OF EL FUERTE DRIVE AS SHOWN ON MAP NO. 7076, LA COSTA MEADOWS UNIT NO. 3; THENCE EASTERLY ALONG THE ARC OF SAID 900.00 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 1°44'50" A DISTANCE OF 27 .45 FEET TO A Po~·.IT IN THE BOUNDARY OF SAID MAP NO. 7076, SAID BOUNDARY BEING ALSO THE EAST LINE OF THE AFOREMENTIONED SOUTHEAST QUARTER OF SECTION 24. EXHIBIT "C" "EASEMENT DESCRIPTION" J-11994 5620 Friars Road San Diego California 92110-2596 (619)291-0707 RICK ENGINEERING COMPANY ACCESS, CONSTRUCTION AND MAINTENANCE; RIPARIAN By: TM/jb.008 Date: August 23, 1996 Page 1 of 4 Parcel A EXHIBIT •c• Legal Description TC Ref. ___ _ Co. ____ _ Order No. ___ _ Date ____ _ Descr. ____ _ Rev. By ___ _ That portion of Parcel 1 of Parcel Map No. 1763, in the City of Carlsbad, County of San Diego, State of California on file in the Office of the San Diego County Recorder, more particularly described as follows: Beginning at the Southeast corner of said Parcel 1; thence along the Southerly line of said Parcel 1 North 89°26'46" West 1129.09 feet; thence leaving said Southerly line North 22°45'22" West 168. 73 feet to the beginning of a tangent 758.00 foot radius curve concave Northeasterly; thence Northwesterly along the arc of said curve through a central angle of 04°51'22" a distance of 64.24 feet; thence North 17°54'00" West 144.35 feet to the beginning of a tangent 1358.00 foot radius curve concave Northeasterly; thence Northwesterly along the arc of said curve through a central angle of 07°25'04" a distance of 175.81 feet to the beginning of a compound 25.00 foot radius curve concave Southeasterly; thence Northeasterly along the arc of said curve through a central angle of 90°30'59" a distance of 39.50 feet to the beginning of a reverse 1451.00 foot radius curve concave Northwesterly; thence Northeasterly along the arc of said curve through a central angle of 03° 12'42" a distance of 81.33 feet; thence North 76°49'21" East 326.89 feet to the beginning of a tangent 3549.00 foot radius curve concave Southerly; thence Northeasterly along the arc of said curve through a central angle of 05°26'36" a distance of 337.16 feet; thence North 82°15'57" East 481.78 feet to the beginning of a tangent 1451 .00 foot radius curve concave Northerly; thence Easterly along the arc of said curve through a central angle of 01 °37'50" a distance of 41.29 feet to the Easterly line of said Parcel 1; thence along the Easterly line South O~~!OCr'.-E_ast 787 .40 feet to the Point of Begi-nnin~.-; 1 , A;i) t;:~ .. .c. ,· · ·, : ' .\. ~:£/4 ' ' , .. ,._,,,:-·~~-·: c' , ' , ' ''!,."~-~--<"/-' ,. . ,,,,, .i' :·-., -!-... .. • ,, ' ..,..;, ,:; ~ V"I,..,,,? ,, .. 1 ty<l:-1r ' -"'-"-----"-"---'-'"-"'-'..,_-"--''°"''--...,_______ l, -~ I c.::.._, S\ - Robert G. Schoettmer L.S. 4324 \; 1\~ .~-LW:J4~ ·--} \1 &>~... -/,' \'.-{{ l ···' 5620 Friars Road San Diego RICK ENGINEERING CbMPANY J-11994 California 92110-2596 (619)291-0707 GRANTOR'S RESERVATION By: TM/jb.013 Date: September 23, 1996 Page 2 of 4 Parcel B EXHIBIT •c• Legal Description TC Ref .. ___ _ Co. ____ _ Order No. ___ _ Date ____ _ Oescr. ____ _ Rev.By ___ _ That portion of Parcel 1 of Parcel Map No. 1763, in the City of Carlsbad, County of San Diego, State of California, on file in the Office of the San Diego County Recorder, more particularly described as follows: Beginning at the Southeast corner of said Parcel 1; thence along the Easterly line thereof North 02°38'00" West 711.00 feet to the TRUE POINT OF BEGINNING; thence leaving said Easterly line at the beginning of a non-tangent 480.00 foot radius curve concave Northerly, to which a radial line bears South 08°18'43" East; thence Westerly along the arc of said curve through a central angle of 15 °17' 19" a distance of 128.08 feet; thence South 79°24'06" West 145.46 feet to the beginning of a non- tangent 410.00 foot radius curve concave Southerly, to which a radial line bears North 05°46'04" East; thence Westerly along the arc of said curve through a central angle of 11 °41 '10" a distance of 83.62 feet; thence South 84°04'54" West 406. 74 feet to the beginning of a tangent 410.00 foot radius curve concave Southerly; thence Southwesterly along the arc of said curve through a central angle of 08°46'42" a distance of 62.82 feet; thence South 75°18'12" West 114.71 feet to the beginning of a tangent 190.00 foot radius curve concave Northerly; thence Westerly along the arc of said curve through a central angle of 12°47'3.9" a distance of 42.43 feet; thence South 75°34'07" West 92.19 feet; thence South 88°05'51" West 126.43 feet; thence South 72°06'00" West 33.09 feet; thence South 03°31 '46" East 101.88 feet; thence South 14°39'03" East 200.99 feet; thence South 19°34'39" East 264.62 feet to the Southerly line of said Parcel One; thence along said Southerly line North 89°26'46" West 21. 70 feet; thence leaving said Southerly line North 22°45'22" West 168. 73 feet to the beginning of a tangent 758.00 foot radius·curve concave Northeasterly; thence Northwesterly along the arc J-11994 5620 Friars Road San Diego California 92110-2596 (619)291-0707 RICK ENGINEEIUNG OJMPANY GRANTOR'S RESERVATION By: TM/jb.013 Date: September 23, 1996 Page 3 of 4 EXHIBIT C Paree! B /continued from Page 2 of 4) Legal Description TC Ref. ___ _ Co. ____ _ Order No. ___ _ Date ____ _ Oescr. ____ _ Rev.Sy ___ _ of said curve through a central angle of 04 °51 '22" a distance of 64.24 feet; thence North 17° 54'00" West 144.35 feet to the beginning of a tangent 1358.00 foot radius curve concave Northeasterly; thence Northwesterly along the arc of said curve through a central angle of 07°25'04" a distance of 175.81 feet to the beginning of a compound 25.00 foot radius curve concave Southeasterly; thence Northeasterly along the arc of said curve through a central angle of 90°30'59" a distance of 39.50 feet to the beginning of a reverse 1451.00 foot radius curve concave Northwesterly; thence Northeasterly along the arc of said curve through a central angle of 03° 12'42" a distance of 81.33 feet; thence North 76°49'21" East 326.89 feet to the beginning of a tangent 3549.00 foot radius curve concave Southerly; thence Northeasterly along the arc of said curve through a central angle of 05°26'36" a distance of 337 .17 feet; thence North 82° 15'57" East 481. 78 feet to the beginning of a tangent 1451 .00 foot radius curve concave Northerly; thence Easterly along the arc of said curve through a central angle of 01 °37'50" a distance of 41.29 feet; thence South 02°38'00" East 76.40 feet to the TRUE POINT OF BEGINNING. N 200 100 0 SCALE I'= 200' EXHIBIT ''C" PAGE 4 OF 4 GRANTOR'S RESERV AT/ON PARCEL '£3' N;CESS, CONSTRUCTION AND MAINTENANCE: RIPARIAN PAACEL 'A' (';;--:=::::::=-GRANTOR'S RES ERV AT/ON PAACEL '£3' r?OS 9 J J;;, SE CORNER PARCEL I RICK ENGINEERING COMPANY CIVIL ENGINEERS• SURVEYORS• PLANNERS 5620 FRIARS ROAD, SAN DIEGO CA. 92110-2596 PHONE: (619) 291-0707 PROJECT NUMBER• 11994 PlAT TO ILLUSTRATE ACCESS, CONSTRUCTION AND MAINTENANCE: RIPARIAN AND GRANTOR'S RESERVATION DATE• SEPTEMBER 23, 1996 \\] ....... ....... 'CJ\ EXHIBIT "D" "PERMISSION TO GRADE LETTER" • • Mr. Lloyd Hubbs City Engineer CITY OF CARLSBAD 2075 Las Palmas Drive Carlsbad, CA 92009 RE: Rancho Carrillo Mass Grading Date: 0C-WIJ£R C, 1m We are the owners of Assessor's Parcel Number2/::f~-/Siocated in the City of Carlsbad, County of San Diego. Our property is located along the southerly boundary of Rancho Carrillo. We hereby grant permission to the owners of Assessor's Parcel Number to perform the necessary grading and construct improvements shown on the attached Exhibit "A". All work shall be performed in a good workmanship manner to the specifications of the City of Carlsbad and under the observation of a qualified soils engineer. c:\msoakic\winwon:f'a.ml)o\city\m&ulfdc.doc: