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HomeMy WebLinkAboutCT 85-35; Aviara Land Associates, LP; 1992-0133696; Easement12 13 14 15 16 17 18 19 20 21 22 23 24 738 NO FEE AS IT IS TO THE BENEFIT PLEASE RECORD THIS DOCUMENT AT OF THIS DISTRICT (GOV. CODE [6103]) WHEN RECORDED, PLEASE MAIL TO: RECORDING REQUESTED BY AND Carlsbad Municipal Water District Engineering Department Carlsbad, California 92008 5950 El Camino Real ;pace above this line for !< *_ C Recorder's use. Assessor's Parcel 'No. 215-592-02 Project Name -& No.. " - CMWD Project No. 90 - 503 DOCUMENTARY TRANSFER WATER DISTRICT CARLSBAD MUNICIPAL TAX: None Qd&-+PU AlethaL.Rautenkranz,Secrdtary Board of Directors EASEMENT AVIARA LAND ASSCCIATES LIMITED PARTNERSHIP, a Celaware Limited Partnership does hereby grant to CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized in the State of California, 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 necessary 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, 1 3/14/91 REV. 1 2 .: 4 C E 7 E 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 limited to, erosion control facilities, fences, gates, doors, locking devices, 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 and/or 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. /// /// /// /// /// /// /// /// /// /// 2 3/14/91 REV 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 74 0 LOCATION OF THE EASEMENT: The easement granted herein shall be located within and upon the properties more particularly described in Exhibit "A" and Exhibit ltBll attached hereto and by this reference made a part hereof. Executed by the GRANTOR this day, of , 19-. GRANTOR : (See Attached) (name of grantor) By : (sign here) (title of signatory) By : (sign here) (title of signatory) APPROVED AS TO FORM: BIONDO, JR. By : (Notarial acknowledgment of execution by GRANTOR must be attached.) 3 I4SL - C~D 90-502 3 3/14/91 REV. 74 1 Aviara Golf Course Clubhouse, Carlsbad Tract 85-35 CMWD Project No. 90-502 (Notarial Acknowledgment must be attached) Z&m day 5'- Ex cuted by the GRANTOR this e , 1991. AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, a Delaware limited partnership, formerly PACIFIC RIM LAND ASSOCIATES LIMITED PARTNERSHIP, a Delaware Limited Partnership, as Owner By: AVIARA UmD COMPANY, a By: REPUBLIC DEVELOPMENT Delaware ,corporation, -era1 Partner COMPANY, !a-> California corporation, I -- .' Partner - . By7L-d Ap\ Vice Pres'ident D. L. CLEMENS Vice President Assistant Secretarv By : !&++" * TED L. HOOVER .. Assistant Secretary CMWD 90-502 STATE OF CALIFORNIA COUNTY OF San Diego I I ss. I 742 On Seutember 24. 1991 before me, the undersigned, a Notary Public in and for said State, personally appeared D.L. Clemens, personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the Vice President and Ted L. Hoover personally known to me or proved to me on the basis of satisfactoly evidence to be the person who executed the within instrument as the Assistant Secretary of Aviara Land Company, a Delaware corporation, the corporation that executed the within instrument on behalf of Aviara Land Associates Limited Partnership, a Delaware Limited Partnership, the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. WITNESS my hand and official seal. (Seal) STATE OF CALIFORNIA I COUNTY OF San Diego I ss: I On Seutember 24. 1991 before me, the undersigned, a Notary Public in and for said State, personally appeared D~.L. Clemens, personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the Vice President, and T-, personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the Assistant Secretary of Republic Development Company, a California corporation, the corporation that executed the within instrument on behalf of Aviara Land Associates Limited Partnership, a Delaware Limited Partnership, the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. WITNESS my hand and official seal. (Seal) 74 3 CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the grant deed or easement, dated 9/24/91 from AVIAFA LAND ASSOICATES LIMITED PARTNEFSHIP, a Delaware Limited Partnership, to the Carlsbad Municipal Water District, Carlsbad, California, a Municipal Water District Act of 1911, 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.^ of the Carlsbad Municipal Water District adopted on January 28, 1992, and the grantee consents to recordation thereof by it's duly authorized officer. DATED: ';3/"//4a .- ALETHA L. RAUTENKRANZ, Secretafy CNWD 90-502 744 EXHIBIT "A" 06-26-91 (RCA) 300,11 **C&AT.LGL A.P.N. 21 5-592-02 10086.00 LEGAL DESCRIPTION WATER EASEMENT DEDICATION THAT PORTION OF LOT 2 OF CITY OF CARLSBAD TRACT 85-35, AVIARA PHASE I UNIT ACCORDING TO MAP THEREOF NO. 12409 FILED IN THE OFFICE OF THE COUNTY "A", IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDER OF SAN DIEGO COUNTY, JUNE 29, 1989, BEING A STRIP OF LAND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST WESTERLY CORNER OF SAID LOT 2, SAID POINT BEING ON THE SOUTHERLY RIGHT OF WAY LINE OF BATIQUITOS DRIVE AS SHOWN AND DEDICATED ON SAID MAP NO. 12409; THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE NORTH 60'40'00'' EAST, 49.38 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTHERLY RIGHT OF WAY LINE NORTH 60'40'00'' EAST, 20.00 FEET; THENCE LEAVING SAID SOUTHERLY RIGHT OF WAY LINE SOUTH 29'20'00'' EAST, 19.1 6 FEET, TO THE BEGINNING OF A TANGENT 65.00 FOOT RADIUS CURVE CONCAVE TO THE NORTH; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 83'30'43'' A DISTANCE OF 94.74 FEET; THENCE NORTH 67'09'17" EAST , 160.00 FEET; THENCE NORTH 22'50'43" WEST, 12.42 FEET; THENCE SOUTH 67'09'17'' WEST, 7.00 FEET; THENCE NORTH 22'50'43" WEST, 20.00 FEET; THENCE SOUTH 67'09'17'' WEST, 7.91 FEET; THENCE NORTH 22'50'43'' WEST, 10.00 FEET; THENCE NORTH 67'09'17'' EAST, 34.91 FEET; THENCE SOUTH 22'50'44'' EAST, 3.62 FEET; THENCE NORTH 57'1 9'36" EAST, 52.48 FEET; THENCE SOUTH 32'40'24'' EAST; 13.00 FEET; THENCE SOUTH 57'19'36" WEST, 7.00 FEET; THENCE NORTH 32'40'24'' WEST, 3.00 FEET; THENCE SOUTH 57'19'36'' WEST, 47.22 FEET; THENCE SOUTH 22'50'43'' EAST, 48.65 FEET; THENCE SOUTH 67'09'1 7" WEST, 180.00 FEET, TO THE BEGINNING OF A TANGENT 85.00 FOOT RADIUS CURVE CONCAVE TO THE NORTH; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 27'27'49" RADIUS CURVE CONCAVE TO THE EAST.A RADIAL LINE TO SAID 85.00 FOOT RADIUS CURVE BEARS SOUTH 04'37'06" WEST AND A RADIAL LINE TO SAID 190.00 FOOT RADIUS CURVE BEARS NORTH 81'17'54" WEST, THENCE SOUTHERLY ALONG THE ARC OF SAID 190.00 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 09'29'12'' A DISTANCE OF 31.46 FEET; THENCE NON-TANGENT TO SAID CURVE NORTH 87'42'25" EAST, 21.28 FEET; THENCE SOUTH 02O17'35". EAST, 10.00 FEET; THENCE SOUTH 87'42'25'' WEST, 41.28 FEET TO THE BEGINNING OF A NON-TANGENT 210.00 FOOT RADIUS CURVE CONCAVE TO THE EAST; A RADIAL LINE TO SAID POINT BEARS SOUTH 86"20'33" WEST, THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 12'3'6'53" A DISTANCE OF 46.24 FEET TO THE BEGINNING OF A NON-TANGENT 85.00 FOOT RADIUS CURVE CONCAVE TO THE NORTHEAST, A RADIAL A DISTANCE OF 40.74 FEET TO THE BEGINNING OF A NON-TANGENT 190.00 FOOT SHEET 1 OF 2 SHEETS C.M.W.D. 90-502 LINE TO SAID 210.00 FOOT RADIUS CURVE BEARS NORTH 81'02'34" WEST AND A RADIAL LINE TO SAID 85.00 FOOT RADIUS CURVE BEARS SOUTH 18'08'40" WEST, THENCE NORTHWESTERLY ALONG THE ARC OF SAID 85.00 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE 42'31'20" A DISTANCE OF 63.08 FEET; THENCE NORTH 29°20'00" WEST, 19.1 6 FEET TO THE TRUE POINT OF BEGINNING. THE HEREINABOVE DESCRIBED PARCEL CONTAINS 0.205 ACRE OF LAND MORE OR LESS. THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION. P&D TECHNOLOGIES ddfl/o& &B-S/ DALE A. DAVIS L.S. 5894 LICENSE EXPIRES 12-31 -92 ~ ~~~ C.M.W.D. 90-502 SHEET 2 OF 2 SHEETS \ L 74 7 I. . I. LOCATION MAP 'ROJECT NAME: PROJ. '.EXHIBIT 20' Water Easement Dedication N W'f . -- ' 2. c 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 748 PLEASE RECORD THIS DOCUMENT AT NO FEE AS IT IS TO THE BENEFIT OF THIS DISTRICT (GOV. CODE [6103]). WHEN RECORDED, PLEASE MAIL TO RECORDING REQUESTED AND Carlsbad Municipal Water District 5950 El Camino Real Carlsbad, California 92008 I i) .':Space .above this line for 'I/ Recorder's use. I .. ., ., s, __ . . ~ ,,".; . , ~.~, ,, .:i . ,;.' ,\ .. -, ..,, , . ., . ., ~ SUBORDINATIO~ AGREEMENT ". . . NOTICE: ~ THIS SUBORDINATION AGREEMENT RESULTS .IN YOUR SECURITY INTEREST IN THE ~ ESTATE IN TRE REAL PROPERTY TO WHICH PROPERTY BECOMING SUBJECT TO AN YOUR SECURITY INSTRUMENT ATTACHES ,. ~' AND HAS THE POTENTIAL EFFECT OF REDUCING THE VALUE OF YOUR SECURITY INTEREST. THIS AGREEMENT, made this fl - day Of a, *y hereinafter referred to as Wwner,l* owner .of .the land and FIRST INTERSTATE EANK OF WIFO~IA, a California Corporation. (owner) hereinafter referred to as "Beneficiary", present owner and holder of the deed of trust hereinafter described; WITNESSETH THAT WHEREAS, Aviara Land Associates Limited PartnerSkip (Trustor) did execute a deed of trust, dated December 20 , 19% to First Interstate Bank (Date) (Trustee) of California astrustee, covering Aviara Golf Course Clubhouse. Carlsbad Tract 85-35 , (Brief Legal Description) (See Exhibit "A" & "B" for Detailed Description) 1 3/26/91 REV. 1 2 .: 4 C E 7 e E 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 749 to secure a note in the sum of One Hundred Twenty-Five Million Collars Illl/lllllllllllllll//// 1988, in favor of First Interstate ~ank of California recorded in the office of the County Recorder of San Dieqo County (Lien Amount) ($ 125,000,000.00 ) dated Ecember 20, (Date) (Beneficiary) ~~ ~ (county) ~ on &center 23, 1988 , as File No. 88-661636 (Date Recorded) (F/P No.) of Official Records of said county: and .. WHEREAS, Owner has executed, or is about to execute, as grantor, a grant of EASEMENT/EASEMENTS dated , in favor of the Carlsbad Municipal Water District as grantee, hereinafter referred to as "Easement Grantee, If creating AN/THE EASEMENT/EASEMENTS more particularly described in EXHIBIT/EXHIBITS I9 I* & tuE" attached hereto: and WHEREAS, Easement Grantee is willing to accept said EASEMENT/EASEMENTS provided the grant of EASEMENT/EASEMENTS 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 EASEMENT/EASEMENTS created in favor of Easement Grantee: and WHEREAS, it is to the mutual benefit of the parties hereto that Easement Grantee accept said EASEMENT/EASEMENTS and Beneficiary is willing that the grant of EASEMENT/EASEMENTS 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, I/ 2 3/26/91 REV. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 750 the receipt and sufficiency of which consideration is hereby acknowledged, and in order to induce Easement Grantee to accept said EASEMENT/EASEMENTS above referred to, it is hereby declared, understood and agreed as follows: 1. That said EASEMENT/EASEMENTS 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 ,. EASEMENT/EASEMENTS 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 EASEMENT/EASEMENTS 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 EASEMENT/EASEMENTS 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. He consents to and approves the grant of EASEMENT/EASEMENTS in favor of the Easement Grantee. 2. He intentionally and unconditionally waives, relinquishes and subordinates the lien or charge of the deed of trust above mentioned to the EASEMENT/EASEMENTS in favor of 3 3/26/91 REV. 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 751 Easement Grantee above referred to and understands that in reliance upon, and in consideration of, this waiver, relinquishment and subordination of the grant of EASEMENT/EASEMENTS is being executed and delivered, the EASEMENT/EASEMENTS IS/ARE 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 waiver*,:. relinquishment and * .~/* ,, . .,. .s j ,' > . -" .. . .' I. ~ ~ ~~~, ,~.:: . ~, 3. ~AL( .i( .. ,, by the deed of trust above mentioneathat said deed of trust has by this instrument been subordinated to the charge-',:. of the ~I ' ~ ~. , EASEMENT/EASEMENTS in favor of Easement Grantee above referred to '..,, . Executed by .the. BENEFICIARY this Executed by;the OWNER this -2~: day of /..N&?~L .. I , 193 day , 19- .. BENEFICIARY: ,, ' ' , . OWNER: FIRST INTERSTATE BANK"bF CALIFORNU+ SEE ATlXFEb a California Corporation /.' ,4 A. f yl& 0 I .,, .. By: :' /#, ,,, , ,<. ,r. I ,/), I - ('autho.rized/ sibature) 1 I!' ; I.,< ,:,: cp , >?- 1 I (title) .. By: <ic?.q,LL ..-, L:(,~..,;.L d--C (authodzed signature) horized signature) ps; ." i<~-~~~'r ,C,, &!gr,,q&:~ (title) NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRETARY OR ASSISTANT SECRETARY MUST SIGN A CORPORATE EXECUTION OF THIS OF DIRECTORS THAT IS SIGNED BY THE SECRETARY OR ASSISTANT SECRETARY DOCUMENT. ALTERNATELY A TRUE COPY OF THE RESOLUTION OF THE BOARD OF THE CORPORATION, UNDER CORPORATE SEAL SPECIFICALLY EMPOWERING THE INDIVIDUAL SIGNING IN BEHALF OF THE CORPORATION WILL SHOW SUFFICIENT AUTHORITY OF SAID INDIVIDUAL TO ACT IN THIS MATTER. IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS 4 3/26/91 REV. 75 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 753 SUBORDINATION AGREEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO. must be attached. (Notarial acknowledgement of execution of OWNER and BENEFICIARY 5 3/26/91 REV. 754 Aviara Golf Course Clubhouse, Carlsbad Tract 85-35, CMWD Project No. 90-502 (Notarial Acknowledgment must be attached) Executed by the GRANTOR this day of A&, 1991 AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, a Delaware limited partnership, formerly PACIFIC RIM LAND ASSOCIATES LIMITED PARTNERSHIP, a Delaware Limited Partnership, as Owner By: AVIARA LAND COMPANY, a By: REPUBLIC DEVELOPMENT Delaware corporation, COMPANY, a California ui corporation, D.L. CLEMENS Vice President By: ’’ Lk 1, ,&’) Vice President v - TED L. HOOVER Assistant Secretary TED. L. HOOVER By: ?/$ 1, Assistant Secretary 755 STATE OF CALIFORNIA COUNTY OF San Diego I I ss. I On mvember 12. 1991 before me, the undersigned, a Notary Public in and for said State, personally appeared D.L. Clemens, personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the and personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the Assistant Secretam of Aviara Land Company, a Delaware corporation, the corporation that executed the within instrument on behalf of Aviara Land Associates Limited Partnership, a Delaware Limited Partnership, the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. WITNESS my hand and official seal. (Seal) STATE OF CALIFORNIA COUNTY OF San Diego I I ss: I On before me, the undersigned, a Notary Public in and for said State, personally appeared D.L. Clemens, personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the Vice, and Ted L. Hoover, personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the Assistantq of Republic Development Company, a California corporation, the corporation that executed the within instrument on behalf of Aviara Land Associates Limited Partnership, a Delaware Limited Partnership, the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. WITNESS my hand and official seal. "A" 06-26-91 (RCA) 300.1 1 **C~AT.LGL A.P.N. 21 5-592-02 10086.00 LEGAL DESCRIPTION WATER EASEMENT DEDICATION THAT PORTION OF LOT 2 OF CITY OF CARLSBAD TRACT 85-35, AVIARA PHASE I UNIT "A", IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12409 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 29, 1989, BEING A STRIP OF LAND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST WESTERLY CORNER OF SAID LOT 2, SAID POINT BEING ON THE SOUTHERLY RIGHT OF WAY LINE OF BATlQUlTOS DRIVE AS SHOWN AND DEDICATED ON SAID MAP NO. 12409; THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE NORTH 60'40'00'' EAST, 49.38 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTHERLY RIGHT OF WAY LINE NORTH 60°40'00" EAST, 20.00 FEET; THENCE LEAVING SAID SOUTHERLY RIGHT OF WAY LINE SOUTH 29'20'00'' EAST, 19.1 6 FEET, TO THE BEGINNING OF A TANGENT 65.00 FOOT RADIUS CURVE CONCAVE TO THE NORTH; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 83'30'43'' A DISTANCE OF 94.74 FEET; THENCE NORTH 67'09'17'' EAST , 160.00 FEET; THENCE NORTH 22'50'43" WEST, 12.42 FEET; THENCE SOUTH 67'09'17'' WEST, 7.00 FEET; THENCE NORTH 22'50'43" WEST, 20.00 FEET; THENCE SOUTH 67'09'17'' WEST, 7.91 FEET; THENCE NORTH 22'50'43'' WEST, 10.00 FEET; THENCE NORTH 67'09'17'' EAST, 34.91 FEET; THENCE SOUTH 22'50'44'' EAST, 3.62 FEET; THENCE NORTH 57'19'36'' EAST, 52.48 FEET; THENCE SOUTH 32'40'24'' EAST; 13.00 FEET; THENCE SOUTH 57'19'36'' WEST, 7.00 FEET; THENCE NORTH 32'40'24" WEST, 3.00 FEET; THENCE SOUTH 57'19'36'' WEST, 47.22 FEET; THENCE SOUTH 22'50'43'' EAST, 48.65 FEET; THENCE SOUTH 67'09'17" WEST, 180.00 FEET, TO THE BEGINNING OF A TANGENT 85.00 FOOT RADIUS CURVE CONCAVE TO THE NORTH; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 27'27'49'' A DISTANCE OF 40.74 FEET TO THE BEGINNING OF A NON-TANGENT 190.00 FOOT RADIUS CURVE CONCAVE TO THE EAST,A RADIAL LINE TO SAID 85.00 FOOT RADIUS CURVE BEARS SOUTH 04'37'06'' WEST AND A RADIAL LINE TO SAID 190.00 FOOT RADIUS CURVE BEARS NORTH 81'17'54'' WEST, THENCE SOUTHERLY ALONG THE ARC OF SAID 190.00 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 09'29'1 2" A DISTANCE OF 31.46 FEET; THENCE NON-TANGENT TO SAID CURVE NORTH 87'42'25" EAST, 21.28 FEET; THENCE SOUTH 02'17'35" EAST, 10.00 FEET; THENCE SOUTH RADIUS CURVE CONCAVE TO THE EAST; A RADIAL LINE TO SAID POINT BEARS SOUTH 86'20'33'' WEST, THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 12'36'53" A DISTANCE OF 46.24 FEET TO THE BEGINNING OF A NON-TANGENT 85.00 FOOT RADIUS CURVE CONCAVE TO THE NORTHEAST, A RADIAL 87'42'25'' WEST, 41.28 FEET TO THE BEGINNING OF A NON-TANGENT 210.00 FOOT SHEET 1 OF 2 SHEETS C.M.W.D. 90-502 .. .. ,. . . " .. 75 7 LINE TO SAID 210.00 FOOT RADIUS CURVE BEARS NORTH 81'02'34" WEST AND A RADIAL LINE TO SAID 85.00 FOOT RADIUS CURVE BEARS SOUTH 18°08'40" WEST, THENCE NORTHWESTERLY ALONG THE ARC OF SAID 85.00 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE 42'31'20'' A DISTANCE OF 63.08 FEET; THENCE NORTH 29'20'00'' WEST, 19.1 6 FEET TO THE TRUE POINT OF BEGINNING. THE HEREINABOVE DESCRIBED PARCEL CONTAINS 0.205 ACRE OF LAND MORE OR LESS. THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION. P&D TECHNOLOGIES &ZB-S/ DALE A. DAVIS L.S. 5894 LICENSE EXPIRES 12-31 -92 C.M.W.D. 90-502 SHEET 2 OF 2 SHEETS .. .. , .. . . LOCATION MAP PROJECT NAME: E:X,HIBI' PR0.J. ..i 20' Water Easement Dedication NO. B-522 2