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Home My WebLink AboutCT 98-10; Fenton Raceway LLC; 2008-0423712; EasementRECORDING REQUESTED BY: Carlsbad City Clerk's Office x 1200 Carlsbad Village Drive , Carlsbad, California 92008 AND WHEN RECORDED MAIL TO: Carlsbad City Clerk's Office 1200 Carlsbad Village Drive Carlsbad, California 92008 8080 DOC# 2008-0423712 AUG 07, 2008 4:55 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH. COUNTY RECORDER FEES: 0.00 OC: NA PAGES: 68 THIS SPACE ABOVE FOR RECORDER'S USE DOCUMENTARY TRANSFER TAX $CONSERVATION EASEMENT THIS CONSERVATION EASEMENT is made this 5 day of . 2007, by FENTON RACEWAY, LLC ("Grantor"), in favor of THE CITY OF CARLSBAD, a California municipal corporation ("Grantee"). RECITALS A. Grantor is the sole owner in fee simple of real property in the City of Carlsbad, County of San Diego, State of California legally described on Exhibit "A" and depicted on Exhibit "B" attached hereto and incorporated by this reference (the "Property"). B Grantee has adopted a Habitat Management Plan, for the conservation, protection, and management of fish, wildlife, native plants and the habitat necessary for biologically sustainable populations of certain species thereof. C. The Property is and will remain in a Natural Condition in perpetuity as defined herein and is intended to be perpetually conserved, managed, and preserved in its natural, scenic, open condition to maintain its ecological, biological, historical, visual and educational values (collectively, "Conservation Values") of great importance to the Grantee and the People of the State of California. D. The Property provides a high quality linkage to habitat corridors identified in the City of Carlsbad's Habitat Management Plan and provides habitat for the coastal California gnatcatcher (Polioptila californica californicd) that was listed as a federally threatened species on March 30, 1993 (59 Federal Register 16742). E This Conservation Easement provides mitigation for certain impacts associated with development of the Carlsbad Raceway Business Park ("Project"), located in the City of Carlsbad, County of San Diego, State of California, by Grantor and pursuant to the requirements of: 2-28-07 -1- 8081 1. The Final Mitigated Negative Declaration and associated Mitigation Monitoring and Reporting Program for the Project, adopted by the City of Carlsbad for the Carlsbad Raceway Business Park Project Area by City Council Resolution No. 2001-351, dated December 4, 2001 and Planning Commission Resolution No. 5024, dated October 17, 2001; 2. The United States Fish and Wildlife Service ("USFWS") non-jeopardy Biological Opinion ("BO") and associated habitat mitigation requirements issued January 7, 2004 (FWS Log No. 1-6-02-F-2124); 3. The United States Army Corps of Engineers' ("ACOE") Section 404 Permit No. 982020500-RJL dated February 13, 2004 and any amendments thereto ("Section 404 Permit"); and 4. The California Department of Fish and Game ("CDFG"), Section 1603 Streambed Alteration Agreement R-5-2002-0088, dated June 10, 2004 ("Streambed Alteration Agreement"). All of the foregoing shall hereafter be collectively referred to as the "Agency Permits." F. Grantee is authorized to hold conservation easements pursuant to Civil Code Section 815.3. Specifically, Grantee is a governmental entity identified in Civil Code Section 815.3(b) and otherwise authorized to acquire and hold title to real property. G. The ACOE is the federal agency charged with regulatory authority over discharges of dredged and fill material in waters of the United States pursuant to Section 404 of the Clean Water Act. H. Grantor hereby informs Grantee and third party beneficiary that Grantor intends to convey the Property to the Fenton Raceway Business Park Property Owners Association ("Association"), a California non-profit public benefit corporation. Should Grantor transfer its interest in the Property prior to the time that Compensatory Mitigation obligations (defined below) are fulfilled, the Association will assume the roles and responsibilities of Grantor, including long-term maintenance, under this Conservation Easement, except that Grantor as the developer of the Project will remain responsible for the Compensatory Mitigation obligations of the Section 404 Permit until they are successfully implemented and completed per the success criteria set forth in the Mitigation Plan, defined below. Pursuant to contract, day-to-day long term conservation management of the Property consistent with this Conservation Easement will be undertaken by a qualified conservation entity reasonably acceptable to the City and ACOE. I. Grantor and its successors and assigns intend to convey to Grantee the right, but not the obligation, to preserve, protect, sustain, enhance, and/or restore the Conservation Values, defined below, of the Property in perpetuity. COVENANTS, TERMS, CONDITIONS AND RESTRICTIONS In consideration of the above recitals and the mutual covenants, terms, conditions, and restrictions contained herein, and pursuant to the laws of the United States and California law, 2-28-07 -2- 8082 including Civil Code Section 815, et seq., Grantor hereby voluntarily grants and conveys to Grantee a conservation easement in perpetuity over the Property of the nature and character and to the extent hereinafter set forth ("Conservation Easement"). This Conservation Easement shall run with the land and be binding on Grantor's heirs, successors, administrators, assigns, lessees, and other occupiers or users of the Property or any portion of it. 1. Purpose. (a) The purpose of this Conservation Easement is to ensure that the Property will be managed and preserved in a Natural Condition, defined below, in perpetuity and to prevent, subject to the rights retained by the Grantor hereunder, any use of the Property that will materially impair or interfere with the Conservation Values of the Property (the "Purpose"). Grantor intends that this Conservation Easement will confine the use of the Property to activities involving the management and preservation and enhancement of native species and their habitat in a manner consistent with the habitat conservation purposes of this Conservation Easement. (b) The term "Natural Condition," as referenced in the preceding paragraph and other portions of this Conservation Easement, shall mean the condition of the Property, as it exists at the time this Conservation Easement is executed, as well as future enhancements or changes to the Property that occur directly as a result of the following activities: (1) Compensatory mitigation measures and/or terms and conditions required by the Agency Permits and as described in the Conceptual Habitat Mitigation and Monitoring Plan dated September 10, 2004, prepared by Helix Environmental Planning, Inc. ("Mitigation Plan"), the cover page and Table of Contents of which are attached as Exhibit "C," including implementation, maintenance, and monitoring activities (collectively, "Compensatory Mitigation"), (2) In-perpetuity long-term maintenance and management obligations ("Long-Term Maintenance and Management"), that occur on the Property as described in Section 6(i) herein, and/or (3) Activities described in Section 4 herein. (c) Grantor certifies to the best of its knowledge, that the only structures or improvements existing on the Property at the time this grant is executed consist of utilities, roads and trails. Grantor further certifies to the best of its knowledge, the only easements existing on the Property at the time this grant is executed are identified in Exhibit "D". The current Natural Condition is evidenced in part by the depiction of the Property attached on Exhibit "E", showing all relevant and plottable property lines, easements, dedications, improvements, boundaries and major, distinct natural features such as waters of the United States. Grantor has delivered further evidence of the Natural Condition to Grantee and ACOE consisting of (1) an aerial photograph showing the pre-disturbance condition of the Property dated December 14, 2002; (2) an overlay of the Property boundaries on such aerial photograph; (3) on-site photographs showing all man-made improvements or structures (if any), and the major, distinct natural features of the Property; (4) all biological reports and wetlands delineation studies; (5) the certified Final Mitigated Negative Declaration; (6) the Mitigation Plan; and (7) Final Map for Carlsbad Tract No. 98-10, Carlsbad Raceway, according to Map thereof No. 15013, recorded on May 3, 2005 in the office of the recorder of San Diego County, California. 2-28-07 -3- 8083 (d) If a controversy arises with respect to the Natural Condition of the Property, Grantor, Grantee, and ACOE as a third party beneficiary, or their designees or agents, shall not be foreclosed from utilizing any and all other relevant documents, surveys, photographs or other evidence or information to assist in the resolution of the controversy. (e) The term "Biological Monitor" shall mean an independent third-party consultant with knowledge of aquatic resources in the San Diego County area and expertise in the field of biology. 2. Prohibited Uses. Any activity on or use of the Property inconsistent with the Purpose of this Conservation Easement and not reserved as a right of Grantor is prohibited. Without limiting the generality of the foregoing, the following uses by Grantor, Grantee, and their respective guests, agents, assigns, employees, representatives, successors, and third parties are expressly prohibited on the Property except as otherwise provided herein or unless specifically provided for in the City of Carlsbad's Habitat Management Plan and its implementing documents, the Agency Permits and any amendments thereto, the Mitigation Plan, and any easements and reservations of rights recorded in the chain of title to the Property (as set forth on Exhibit D hereto) at the time of this Conservation Easement is recorded: (a) Supplemental watering except for habitat enhancement activities described in Section 4; (b) Use of herbicides, pesticides, biocides, fertilizers, or other agricultural chemicals or weed abatement activities, except activities necessary to control or remove invasive or exotic species; (c) Use of off-road vehicles and use of any other motorized vehicles except in the execution of management duties on existing roads; (d) Livestock grazing or other agricultural activity of any kind; (e) Recreational activities including, but not limited to, horseback riding, biking, hunting or fishing; (f) Residential, commercial, retail, institutional, transportation or industrial uses; (g) Any legal or de facto division, subdivision or portioning of the Property, except transfers in accordance with Section 12 below; (h) Construction, reconstruction or placement of any building or other improvement, billboard, or sign except those signs permitted in Section 6 herein; (i) Depositing, dumping, or accumulating soil, trash, ashes, refuse, waste, bio-solids or any other material; (j) Planting, introduction or dispersal of non-native or exotic plant or animal species; 2-28-07 -4- 8084 (k) Filling, dumping, excavating, draining, dredging, mining, drilling, removing or exploring for or extraction of minerals, loam, gravel, soil, rock, sand or other material on or below the surface of the Property; (1) Altering the general topography of the Property, including but not limited to building of roads and flood control work except as permitted by the Agency Permits or as allowed by Section 7(i) herein; (m) Removing, destroying, or cutting of native trees, shrubs or other native vegetation, except for: (1) emergency fire breaks as required by fire safety officials as set forth in Section 4(f) and Section 7(h); (2) maintenance of existing foot trails or roads deemed appropriate for conservation purposes, (3) prevention or treatment of disease, (4) control of invasive species which threaten the integrity of the habitat, (5) activities to implement the Mitigation Plan, or (6) activities described in Section 4 and Section 6; (n) Manipulating, impounding or altering any natural watercourse, body of water or water circulation on the Property, and activities or uses detrimental to water quality, including but not limited to degradation or pollution of any surface or sub-surface waters, except as provided in the Agency Permits; and (o) Fuel modification zones (defined as a strip of mowed land or the planting of vegetation possessing low combustibility for purposes of fire suppression). 3. Grantee's Rights. To accomplish the Purpose of this Conservation Easement, Grantor hereby grants and conveys the following rights to Grantee. These rights, without obligation, are also granted to the ACOE as a third party beneficiary of this Conservation Easement with regard to the scope of its Section 404 Permit. (a) To preserve and protect, sustain, enhance and/or restore the Conservation Values of the Property; (b) To enter upon the Property at reasonable times: (i) in order to monitor Grantor's compliance with, and to otherwise enforce, the terms of this Conservation Easement, (ii) to conduct scientific research and for interpretive purposes (which entry may be made by Grantee or its designees), provided, however, that Grantee's exercise of such rights shall not unreasonably interfere with the Grantor's exercise of the rights retained by Grantor hereunder; (c) To prevent any activity on or use of the Property that is inconsistent with the Purpose of this Conservation Easement and to require the restoration of such areas or features of the Property that may be damaged by any act, failure to act, or any use that is inconsistent with the Purpose of this Conservation Easement; (d) All mineral, air, and water rights necessary to preserve, protect and to sustain the biological resources and Conservation Values of the Property, provided that any exercise or sale of such rights by Grantee shall not result in conflict with such Conservation Values; 2-28-07 -5- 8085 (e) Except as expressly provided for future easements pursuant to Section 12(c), the right to all present and future development rights allocated, implied, reserved or inherent in the Property; such rights are hereby terminated and extinguished, and may not be used on or transferred to any portion of the Property, nor any other property adjacent or otherwise; and (f) The right to enforce by means, including, without limitation, injunctive relief, the terms and conditions of this Conservation Easement. 4. Reserved Rights. Grantor reserves to itself, its successors and assigns, all rights accruing from its ownership of the Property, including the following rights, but only to the extent that such uses are consistent with the Purpose of this Conservation Easement and the uses authorized by the Agency Permits for the Project: (a) The right to perform restoration and management activities which are necessary to maintain the Property as open space and preserve and protect the Conservation Values thereon in accordance with the terms of the Agency Permits or Mitigation Plan; (b) The right to plant and maintain native trees, shrubs and other native landscaping elements, including, without limitation, the installation and maintenance of underground pipe systems, sprinklers, and appurtenances necessary to maintain the native landscaping placed thereon to the extent such landscaping elements are required pursuant to the Agency Permits issued for the Project, and are consistent with the Purpose of this Conservation Easement; (c) The right to install and maintain: (1) Fences on the Property to the extent such installation and maintenance offences is consistent with the Agency Permits or otherwise approved by Grantee and ACOE; (2) Any artificial slopes to be revegetated or other structures required or necessary for the construction of the Project as shown on Exhibit E, consistent with the Agency Permits or otherwise approved by Grantee, ACOE and USFWS; (d) Reasonable access through the Property to adjacent land to perform obligations or other activities permitted by this Conservation Easement or that are required under the Agency Permits; (e) Notwithstanding anything set forth herein to the contrary, nothing in this Conservation Easement is intended nor shall be applied to in any way limit Grantor or any of Grantor's successors and assigns from (1) constructing, placing, installing, and/or erecting any improvements upon the adjacent Project real property not constituting the Property, (2) installing and/or maintaining native landscaping (including irrigation and runoff), native landscape mitigation, and/or similar non-structural improvements within the Property consistent with the Agency Permits and Conservation Values, and/or (3) developing adjoining property for any purposes, except as limited by any local, state or federal permit requirements for such development and provided that for all of the above clauses (1), (2) and (3) neither such activity 2-28-07 -6- 8086 nor any effect resulting from such activity amounts to a use of the Property, or has an impact upon the Property that is prohibited by Section 2 above; and (f) The right, in an emergency situation only, to maintain firebreaks (defined as a strip of plowed or cleared land made to check the spread of a fire), trim or remove brush, otherwise perform preventative measures required by the fire department to protect structures and other improvements from encroaching fire. All other brush management activities shall be limited to areas outside the Property. 5. Grantee's Duties. To accomplish the Purpose of this Conservation Easement as described in Section 1, Grantee shall: (a) Not reduce the Conservation Values of the Property by performing any activity contrary to the Purpose of this Conservation Easement; (b) Perform compliance inspections of the Property to the extent it determines that staff and funding are available and make any and all reports available to the ACOE upon request; and (c) In its sole discretion, determine, before conveyance of the Property to Association as contemplated herein, that as of the date of such conveyance, the Grantor is in compliance with all of its obligations contained in Section 6 herein. 6. Grantor's Duties. To accomplish the Purpose of this Conservation Easement as described in Section 1, Grantor, its successors or assigns shall: (a) Preserve and retain the Property in its Natural Condition and conserve, manage and preserve in perpetuity its Conservation Values; (b) Undertake all reasonable actions to prevent the unlawful entry and trespass by persons whose activities may degrade or harm the Conservation Values of the Property. In addition, Grantor shall undertake all necessary actions to perfect Grantee's rights under Section 3 of this Conservation Easement, including but not limited to Grantee's water rights; (c) Comply with the terms of this Conservation Easement and cooperate with Grantee and ACOE in the protection of the Conservation Values; (d) Install signs and other notification features saying "Natural Area Open Space," "Protected Natural Area," or similar descriptions that inform persons of the nature and restrictions on the Property; (e) Repair and restore damage to the Conservation Easement directly caused by Grantor, Grantor's representatives, employees, agents, invitees and third parties including, but not limited to damage to Conservation Values from activities undertaken pursuant to Section 4[e}; (f) In the event Grantor, or its successors or assigns, establishes an endowment fund in the future, such endowment fund shall be established, to be held in trust, 2-28-07 -7- 8087 invested and the interest disbursed therefrom to provide sufficient funds for the perpetual management, maintenance, and monitoring of the Property as required under this Conservation Easement. Grantee shall have the right to review and approve the terms of the endowment agreement, and shall be a third party beneficiary of that agreement with the right to review and approve any amendments; (g) Include the following principles of fiduciary duty in the endowment fund agreement: (1) The endowment holder shall have a fiduciary duty to hold the endowment funds in trust for the Property. (2) The endowment holder shall not commingle the endowment funds with other funds. Funds may be pooled for investment management purposes only. (3) The endowment holder shall have a duty of loyalty and shall not use the endowment funds for its own personal benefit. (4) The endowment holder shall act as a prudent investor of the endowment funds. (5) The endowment holder shall not delegate the responsibility for managing the funds to a third party, but may delegate authority to invest the funds with Grantor's oversight. The endowment holder shall act with prudence when delegating authority and in the selection of agents. (6) The endowment holder shall have annual audit of the endowment performed by a licensed CPA, and shall submit the auditor's written report to Grantee and ACOE upon completion. (h) Obtain any applicable governmental permits and approvals for any activity or use permitted by this Conservation Easement, and undertake any activity or use in accordance with all applicable federal, state, local and administrative agency statutes, ordinances, rules, regulations, orders or requirements; (i) Perform Long-Term Maintenance and Management of the Property. Such long-term maintenance and management shall consist of the following activities: (1) Annual removal of trash or inorganic debris; (2) Repair, remediation and restoration of damage to the Natural Condition and Conservation Values of the Property, including damage from man-made causes, non-natural parasites and non-native or exotic species; (3) Annual maintenance of signage set forth in this Section 6(d); and (4) Management of the Property consistent with the Agency Permits. Grantor, its successors and assigns shall prepare a summary of monitoring and maintenance documenting activities performed under items (1), (3) and (4) of this Section 6(i), and shall make reports available to Grantee and ACOE upon request or as required. When activities are performed pursuant to subsection (2) above, Grantor, its successors and assigns, shall retain a 2-28-07 -8- 8088 qualified Biological Monitor to prepare a detailed Restoration Plan and to oversee/monitor restoration activities. Grantor shall have its Biological Monitor submit the draft Restoration Plan for review and approval by Grantee and ACOE. Upon completion of the Restoration Plan, as approved by Grantee and ACOE, Grantor shall have the Biological Monitor prepare detailed monitoring reports, and Grantor shall make reports available to Grantee and ACOE upon completion. Said monitoring and maintenance report shall be signed by Grantor, its successor or assign, and the Biological Monitor, and the report shall document the Biological Monitor's name and affiliation, dates the Biological Monitor was present on-site, activities observed and their location, the Biological Monitor's observations regarding the adequacy of maintenance performance by Grantor or its contractor in accordance with the approved Restoration Plan, corrections recommended and implemented; (j) Undertake construction, maintenance and monitoring of mitigated areas pursuant to the Mitigation Plan until issuance of final approval from the ACOE confirming that Grantor has successfully completed construction, maintenance and monitoring of mitigated areas pursuant to the Mitigation Plan and Agency Permits, as amended; (k) Association or other authorized entity, as a subsequent Grantor, shall not be subject to the indemnification provisions in Section 17(b) below, as to the condition of the land prior to the date that Fenton Raceway, LLC transfers the Property to the Association or other authorized entity. Fenton Raceway, LLC shall remain liable for any "Hazardous Materials" (as defined in Section 17(b), below) placed, disposed of, or released on the Property prior to transfer. After Fenton Raceway, LLC transfers Property to Association or other authorized entity, Fenton Raceway, LLC and its successors shall indemnify Grantee under Section 17(b) below for claims arising from Hazardous Materials placed, disposed of or released onto the Property prior to the date of transfer; and (1) Ensure, before conveyance of the Property to Association as contemplated herein, that as of the date of such conveyance, the Grantor is in full compliance with all of its obligations contained in this Section 6. 7. Enforcement. (a) Third Party Beneficiary. ACOE, as a third party beneficiary of this Conservation Easement, shall have the same rights, remedies and limitations as Grantee under this Section 7. The third party beneficiary rights under this Section are in addition to, and do not limit rights conferred to ACOE under any other laws or regulations. Grantor, Grantee and ACOE, when implementing any remedies under this easement, shall provide timely written notice to each other of any actions taken under this section, including, but not limited to: copies of all notices of violation and related correspondence. (b) Notice of Violation. If Grantee and/or ACOE determine that Grantor is in violation of the terms of this Conservation Easement or that a violation is threatened, Grantee and/or ACOE may demand the cure of such violation. In such a case, Grantee and/or ACOE shall issue a written notice to Grantor (hereinafter "notice of violation") informing the Grantor, of the actual or threatened violations and demanding cure of such violations. Grantee and ACOE shall make a good faith effort to notify each other prior to issuing a notice of violation. 2-28-07 -9- 8089 (c) Time to Cure. Grantor shall cure the noticed violations within fifteen (15) days of receipt of said written notice from Grantee or third party beneficiary. If said cure reasonably requires more than fifteen (15) days, Grantor shall, within the fifteen (15) day period submit to Grantee and/or ACOE for review and approval a plan and time schedule to diligently complete a cure. Grantor shall complete such cure in accordance with the approved plan. If Grantor disputes the notice of violation, it shall issue a written notice of such dispute to Grantee and/or third party beneficiary within fifteen (15) days of receipt of written notice of violation. (d) Failure to Cure. If Grantor fails to cure the noticed violations within the time period described in Section 7(c), above, or Section 7(e)(2), below, Grantee and/or ACOE may bring an action at law or in equity in a court of competent jurisdiction to enforce compliance by Grantor with the terms of this Conservation Easement. In such action, the Grantee and/or ACOE may: (1) Recover any damages to which Grantee and/or ACOE may be entitled for violation by Grantor, of the terms of this Conservation Easement, subject to the limitations in Section 7(h) below. Grantee and/or ACOE shall first apply any damages recovered to the cost of undertaking any corrective action on the Property. (2) Enjoin the violation, exparte if necessary, by temporary or permanent injunction without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies. (3) Obtain other equitable relief, including, but not limited to, the restoration of the Property to the condition in which it existed prior to any such violation or injury. (e) Notice of Dispute. If Grantor provides Grantee and/or ACOE with a notice of dispute, as provided herein, Grantee and/or ACOE shall meet and confer with Grantor at a mutually agreeable place and time, not to exceed thirty (30) days from the date that Grantee and/or ACOE receive the notice of dispute. Grantee and/or ACOE shall consider all relevant information concerning the disputed violation provided by Grantor and shall determine whether a violation has in fact occurred and, if so, determine whether the notice of violation and demand for cure issued by Grantee and/or ACOE is appropriate in light of the violation. (1) Grantee and/or ACOE shall use the following principles in making a determination: a. Management activities shall be chosen for their long-term benefits to the Property's Conservation Values rather than for short-term benefits; b. Management activities that benefit habitat protection shall be chosen in favor of management activities designed to benefit individual species, except where State or federally listed species are at issue; c. Habitat maintenance is of primary importance in protecting the long-term Conservation Values of the Property; 2-28-07 -10- 8090 d. Management activities shall be chosen according to the following order of preference: i. Preventative actions shall be taken to avoid additional impact; ii. Natural restoration shall be used if appropriate, based on the magnitude of the impact, the impacts on listed or sensitive species, and the estimated time for recovery to occur; iii. Active restoration shall be required only where there are potential severe, long-term impacts to the Property's Conservation Values, or where highly sensitive species are impacted. e. If, and for so long as, Grantor is a non-profit entity organized for conservation purposes, Grantee and/or ACOE shall consider the cost of management activities and the resources available to Grantor or its successors. (2) If, after reviewing Grantor's notice of dispute, conferring with Grantor and considering all relevant information related to the violation, Grantee and/or ACOE determine that a violation has occurred, Grantee and/or ACOE shall give Grantor notice of such determination in writing. Grantor shall cure the noticed violations within fifteen (15) days of receipt of said written notice from Grantee. If said cure reasonably requires more than fifteen (15) days, Grantor shall, within the fifteen (15) day period submit to Grantee and/or ACOE for review and approval a plan and time schedule to diligently complete a cure. Grantor shall complete such cure in accordance with the approved plan. (f) Conflicting Notices of Violation (1) If Grantor receives a notice of violation from Grantee and/or third party beneficiary that is in material conflict with one or more prior written notices of violation that have not yet been cured by Grantor such that the conflict makes it impossible for Grantor to carry out a cure consistent with all prior active notices of violation, Grantor shall give written notice to all agencies issuing conflicting notices of violation within fifteen (15) days of the receipt of each such conflicting notice of violation. A valid notice of conflict shall describe the conflict with specificity, including a description of how the conflict makes compliance with all active notices of violation impossible. The failure of Grantor to issue a valid notice of conflict within 15 days of receipt of a conflicting notice of violation shall result in a waiver of Grantor's ability to claim a conflict. (2) Upon issuing a valid notice of conflict to the appropriate entity, as described above, Grantor shall not be required to carry out the cure described in the conflicting notices of violation until such time as Grantee, third party beneficiary, or agency responsible for said conflicting notices of violation issue a revised notice of violation making all active notices of violation consistent. Upon receipt of a revised, consistent notice of violation, Grantor shall carry out the cure recommended in such notice within the time periods described in Section 7(c), above. Notwithstanding Section 7(g), failure to cure within said time periods shall entitle Grantee and/or ACOE to the remedies described in this Section 7(d). 2-28-07 -11- 8091 (3) This Section 7(f) shall not apply to Section 7(g). below. (g) Immediate Action. If Grantee and/or ACOE determines that circumstances require immediate action to prevent or mitigate significant damage to the Conservation Values of the Property, Grantee and/or ACOE may immediately pursue all available remedies, including injunctive relief, available pursuant to both this Conservation Easement and state and federal law after giving Grantor at least twenty-four (24) hours' written notice before pursuing such remedies. So long as such twenty four (24) hours' notice is given, Grantee and/or ACOE may immediately pursue all available remedies without waiting for the expiration of the time periods provided for cure or notice of dispute as described in Section 7(c) and Section 7(f), above. The written notice pursuant to this paragraph may be transmitted to Grantor by facsimile and shall be copied to all other parties listed in Section 12 of this Conservation Easement. The rights of Grantee and/or ACOE under this paragraph apply equally to actual or threatened violations of the terms of this Conservation Easement. Grantor agrees that the remedies at law for Grantee and/or ACOE for any violation of the terms of this Conservation Easement are inadequate and that Grantee and/or ACOE shall be entitled to the injunctive relief described in this section, both prohibitive and mandatory, in addition to such other relief to which Grantee and/or ACOE may be entitled, including specific performance of the terms of this Conservation Easement, without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies. The remedies described in this section shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity, including but not limited to, the remedies set forth in Civil Code Section 815, et seq., inclusive. (h) Acts Beyond Grantor's Control. Nothing contained in this Conservation Easement shall be construed to entitle Grantee and/or ACOE to bring any action against Grantor or make any claim on Grantor's insurance policy for any injury to or change in the Conservation Easement Property resulting from: (1) Any cause beyond Grantor's control, including without limitation, fire, flood, storm, and earth movement; or (2) Any prudent action taken by Grantor, under emergency conditions to prevent, abate, or mitigate significant injury to persons and/or the Property resulting from such causes; (3) Acts by Grantee, ACOE, or their employees, directors, officers, agents, contractors, or representatives; or (4) Acts of third parties (including any governmental agencies) that are beyond Grantor's, its successors or assign's control, except to the extent Grantor is obligated to repair and restore the Property pursuant to Section 6(e) above and so long as Grantor takes reasonable steps to prevent prohibited uses of the Property. Notwithstanding the foregoing, Grantor must obtain any applicable governmental permits and approvals for any activity or use permitted by this Conservation Easement, and undertake any 2-28-07 -12- 8092 activity or use in accordance with all applicable federal, state, local and administrative agency statutes, ordinances, rules, regulations, orders or requirements. (i) Enforcement Discretion. Enforcement of the terms of this Conservation Easement shall be at the discretion of Grantee and/or ACOE. Any forbearance by Grantee and/or ACOE to exercise rights under this easement in the event of any breach of any term of this easement by Grantor shall not be deemed or construed to be a waiver by Grantee and/or ACOE of such term or of any subsequent breach of the same or any other term of this Conservation Easement or of any of the rights of Grantee and/or ACOE under this Conservation Easement. No delay or omission by Grantee and/or ACOE in the exercise of any right or remedy upon any breach by Grantor shall impair such right or remedy or be construed as a waiver. (j) Costs of Enforcement. Any costs incurred by Grantee and/or ACOE, as the prevailing party, in enforcing the terms of this Conservation Easement against Grantor including, but not limited to, costs of suit and any costs of restoration necessitated by Grantor's violation or negligence under the terms of this Conservation Easement shall be borne by Grantor. 8. Insurance. Prior to the acceptance of this Conservation Easement by Grantee, Grantor shall establish, and maintain in a form reasonably approved by Grantee an owner's general liability insurance policy, with a minimum coverage of Two Million Dollars ($2,000,000.00) per incident, which coverage shall be adjusted no more frequently than once every five years (upward only) for inflation using the Consumer Price Index (CPI-A11 Urban Consumers, 1982-1984 = 100) for West Region published by the Bureau of Labor Statistics of the U.S. Department of Labor. The insurance shall be for legal liability arising out of bodily injury and tangible property damage on the Property. The policy shall include an endorsement naming Grantee as an additional insured, which policy shall provide primary coverage for Grantee in the event of any claims against the Grantor, its successors and assigns, and/or the management entity under this Conservation Easement paid after judgment or settlement, covered by the policy. 9. Costs and Liabilities. Grantor and its successors and assigns retain all responsibilities and shall bear all costs and liabilities of any kind relating to the ownership, operation, upkeep, and maintenance of the Property, including transfer costs, costs of title and documentation review, and maintenance of adequate liability insurance coverage. Grantor agrees that neither Grantee nor ACOE shall have any duty or responsibility for the operation or maintenance of the Property, the monitoring of hazardous conditions thereon, or the protection of Grantor, the public or any third parties from risks relating to conditions on the Property. Grantor remains solely responsible for obtaining any applicable governmental permits and approvals for any activity or use permitted by this Conservation Easement, and any activity or use shall be undertaken in accordance with all applicable federal, state, local and administrative agency statutes, ordinances, rules, regulations, orders and requirements. 10. Hold Harmless. Grantor shall hold harmless, protect and indemnify Grantee and its directors, officers, employees, agents, contractors, and representatives and the heirs, personal representatives, successors and assigns of each of them (each a "Grantee Indemnified Party" and, collectively, "Grantee's Indemnified Parties") and ACOE and its directors, officers, employees, agents, contractors, and representatives and the heirs, personal representatives, 2-28-07 -13- 8093 successors and assigns of each of them (each a "Third Party Beneficiary Indemnified Party" and, collectively, "Third Party Beneficiary Indemnified Parties") from and against any and all liabilities, penalties, costs, losses, damages, expenses (including, without limitation, reasonable attorneys' fees and experts' fees), causes of action, claims, demands, orders, liens or judgments (each a "Claim" and, collectively, "Claims"), arising from or in any way connected with events occurring during each owner's respective period of ownership of the Property: (1) injury to or the death of any person, or physical damage to any property, resulting from any act, omission, condition, or other matter related to or occurring on or about the Property, regardless of cause, except that (a) this indemnification shall be inapplicable to Grantee's Indemnified Parties with respect to any Claim due solely to the negligence of Grantee or any of its employees and (b) this indemnification shall be inapplicable to Third Party Beneficiary Indemnified Parties with respect to any Claim due solely to the negligence of third party beneficiaries or any of their employees; (2) the obligations specified in Sections 6, 9, and 17(a); and (3) the existence or administration of this Conservation Easement. If any action or proceeding is brought against any of the Grantee Indemnified Parties and/or Third Party Beneficiary Indemnified Parties by reason of any such Claim, Grantor shall, at the election of and upon written notice from Grantee or third party beneficiary or beneficiaries, defend such action or proceeding by counsel reasonably acceptable to Grantee and/or the applicable Third Party Beneficiary Indemnified Party or Parties or reimburse the Grantee for attorneys fees and/or applicable third party beneficiary or beneficiaries for all charges incurred for services of the Attorney General in defending the action or proceeding. 11. Access. This Conservation Easement does not convey a general right of access to the Property by the public. The Conservation Easement will allow for access to the Property for Grantee and its designees, ACOE and third-party easement holders of record at the time of this Conservation Easement is recorded at locations designated in easements and reservations of rights recorded in the chain of title to the Property. This Conservation Easement will allow for the Property to be available for approved scientific investigations. 12. Assignment and Subsequent Transfers. (a) By Grantee. This Conservation Easement is transferable by Grantee, but Grantee may assign its rights and delegate obligations under this Conservation Easement only to an entity or organization authorized to acquire and hold conservation easements pursuant to Civil Code Section 815.3 and/or Government Code Section 65965 (or any successor or other provision(s) then applicable) and only with the prior written approval of the ACOE, which approval shall not be unreasonably withheld. Approval of any assignment or transfer may be withheld if it will result in a merger of the Conservation Easement and the Property in a single property owner if no mechanism to preserve, protect and sustain the Property in perpetuity has been established. Grantee shall record the assignment in the county where the Property is located. The failure of the Grantee to perform any act required by this paragraph shall not impair the validity of the Conservation Easement or its enforcement in any way. (b) By Grantor. (1) The covenants, conditions, and restrictions contained in this Conservation Easement Deed are intended to run with the land and bind all future owners of any 2-28-07 -14- 8094 interest in the Property. Grantor agrees to incorporate by reference the terms of this Conservation Easement in any deed or other legal instrument by which Grantor divests itself of any interest in all or a portion of the Property, including, without limitation, a leasehold interest. Grantor agrees to give written notice to Grantee and ACOE of the intent to transfer any interest at least forty-five (45) days prior to the date of such transfer. Grantee and ACOE shall have the right to prevent subsequent transfers in which the prospective subsequent claimants or transferees are not given notice of the covenants, terms, conditions and restrictions of the Conservation Easement, or whenever a subsequent Property transfer will result in a merger of the Conservation Easement and the Property in a single property owner if no method or mechanism deemed adequate to preserve, protect, and sustain the Property in perpetuity is established. (2) If all or a portion of the Property is conveyed to the Association before completion of the obligations pertaining to restoration of the Property, Grantor shall remain responsible for fulfilling the obligations contained herein and in the Mitigation Plan pertaining to the Property until Grantee and ACOE have confirmed in writing that the success criteria pertaining to the Property have been satisfied. Upon conveyance of the Property to the Association, (1) Association shall be responsible for the obligations pertaining to restoration of the Property set forth in the Mitigation Plan in the event Grantor does not satisfactorily complete them, (2) the Association shall assume all other duties and obligations of Grantor hereunder, and (3) Grantor shall be relieved of any and all ongoing obligations or liability hereunder except for the obligations set forth above in this paragraph and pursuant to Section 17(b). Prior to the transfer to Association, Grantor agrees to amend the language in the Declaration of Covenants, Conditions, Restrictions, Reservations and Easements ("CC&Rs") for the Project that requires the Association to accomplish the following: (i) assume the obligations under this Conservation Easement upon conveyance of the Property to the Association; (ii) establish a separate reserve fund to ensure the Association's full compliance with the terms of this Conservation Easement and to cover all anticipated maintenance or repair costs as well as extraordinary repair or maintenance; (iii) reevaluate the appropriate amount of the separate reserve fund described in item (ii) above every two years and maintain a minimum balance of $5,000 in the separate reserve fund at all times, such fund to initially be funded by Grantor, and subject to an automatic increase of 2% (two percent) at each two-year interval; unless a smaller increase is approved by the Grantee and ACOE, at each two-year interval; and (iv) perform an internal review each year of the status of the land governed by this Conservation Easement and, in particular, the Association's full compliance with the terms of this Conservation Easement. Prior to recordation, the amended CC&Rs shall be submitted to the Grantee and ACOE for approval. If the Grantee and/or ACOE do not approve or disapprove any such amended CC&Rs in writing (specifying any reasons for its disapproval in writing) within forty-five (45) days of submission to that entity, the amended CC&Rs shall be deemed approved. (3) Except as provided in Section 12(b)(2),from and after the date of any valid transfer of all or any portion of the Property by Grantor and each transfer thereafter, (i) the transferee shall be deemed to have assumed all of the obligations of Grantor as to the portion transferred, as set forth in this Conservation Easement, (ii) the transferee shall be deemed to have accepted the restrictions contained herein as to the portion transferred, (iii) the transferor, as applicable, shall have no further obligations hereunder except for Indemnification under Section 17(b), and (iv) all references to Grantor in this Conservation Easement shall thereafter refer to 2-28-07 -15- 8095 such transferee. (4) The failure of Grantor to perform any act provided in this section shall not impair the validity of this Conservation Easement or limit its enforceability in any way. (c) Easements. Other than the CC&Rs for the Project, and other instruments permitted thereunder, Grantor, its successors and assigns shall not grant additional easements relating to the Property, or other interests in the surface or subsurface of the Property (other than a security interest that is subordinate to this Conservation Easement), or grant or otherwise abandon or relinquish any water rights as provided for in Section 3(d) relating to the Property, without the prior written authorization of Grantee and ACOE which consent shall not be unreasonably withheld. It shall be reasonable for Grantee and ACOE to withhold consent for the grant of additional easements or other interests in the Property that are in material direct or potential conflict with the Agency Permits and the preservation of the Natural Condition of the Property as defined in Section l(b) of this Conservation Easement, or will impair or interfere with the Conservation Values of the Property. Grantor, its successors and assigns shall promptly record any additional easements or other interests in the Property in the official records of San Diego County, California and immediately notify the Grantee and ACOE through the mailing of a conformed copy of the recorded document. 13. Notices. All notices, demands, requests, consents, approvals, or communications from one party to another shall be personally delivered or sent by facsimile to the persons set forth below or shall be deemed given five (5) days after deposit in the United States mail, certified and postage prepaid, return receipt requested, and addressed as follows, or at such other address as any Party may from time to time specify to the other parties in writing: To Grantor: Fenton Raceway, LLC Vice President 7588 Metropolitan Drive San Diego, CA 92108 To Grantee: City of Carlsbad Carlsbad City Clerk's Office 1200 Carlsbad Village Drive Carlsbad, California 92008 FAX 760-720-6917 2-28-07 -16- 8096 With a copy to: District Counsel U.S. Army Corps of Engineers Los Angeles District 915 Wilshire Boulevard, Room 1535 Los Angeles, CA 90017-3401 FAX: 213-452-4217 The parties agree to accept facsimile signed documents and agree to rely upon such documents as if they bore original signatures. Each party agrees to provide to the other parties, within seventy-two (72) hours after transmission of such a facsimile, the original documents that bear the original signatures. 14. Amendment. Grantor and Grantee may amend this Conservation Easement only by mutual written agreement and with the written consent of ACOE. Any such amendment shall be consistent with the Purpose of this Conservation Easement and shall not affect its perpetual duration. Any such amendment shall be recorded by Grantor in the official records of San Diego County, State of California. Grantor, its successors or assigns, shall promptly notify the Grantee and ACOE through the mailing of a conformed copy of the recorded amendment(s). 15. Recordation. Grantee shall promptly record this instrument in the official records of San Diego County, California and promptly notify the Grantor and ACOE through the mailing of a conformed copy of the recorded easement. 16. Estoppel Certificates. Upon request, Grantee shall within fifteen (15) days execute and deliver to Grantor, its successors or assigns any document, including an estoppel certificate, which certifies, to Grantee's best knowledge, Grantor's, its successors or assign's compliance with any obligation of Grantor, its successor or assign contained in this Conservation Easement and otherwise evidences the status of this Conservation Easement, to the extent known by Grantee, as may be requested by Grantor, its successor or assigns. 17. General Provisions. (a) Taxes; No Liens. Grantor or subsequent transferees shall pay before delinquency all taxes, assessments, fees, and charges of whatever description levied on or assessed against the Property by competent authority, including any taxes imposed upon, or incurred as a result of, this Conservation Easement, and shall furnish Grantee with satisfactory evidence of payment upon request. Grantor shall keep Grantee's interest in the Property free from any liens. (b) Hazardous Materials Liability. Grantor represents and warrants that it has no knowledge of any release or threatened release of Hazardous Materials (defined below) in, on, under, about or affecting the Property. Without limiting the obligations of Grantor under Section 10, Grantor agrees to indemnify, protect and hold harmless the Grantee Indemnified Parties and the Third Party Beneficiary Indemnified Parties (defined in Section 10) against any and all Claims (defined in Section 10) arising from or connected with any Hazardous Materials present, 2-28-07 -17- 8097 alleged to be present, or otherwise associated with the Property at any time prior to the date of transfer to a new owner, except that (i) this indemnification shall be inapplicable to the Grantee Indemnified Parties with respect to any Hazardous Materials placed, disposed or released by Grantee, its employees or agents and (ii) this indemnification shall be inapplicable to the Third Party Beneficiary Indemnified Parties with respect to any Hazardous Materials placed, disposed or released by third party beneficiaries, their employees or agents. If any action or proceeding is brought against the Grantee and/or any of the Third Party Beneficiary Indemnified Parties by reason of any such Claim, Grantor shall, at the election of and upon written notice from Grantee and/or the applicable third party beneficiary or beneficiaries, defend such action or proceeding by counsel reasonably acceptable to the Grantee and/or applicable Third Party Beneficiary Indemnified Party or Parties or reimburse the Grantee for attorneys fees and/or applicable third party beneficiary or beneficiaries for all charges incurred in defending the action or proceeding. Despite any contrary provision of this Conservation Easement, the parties do not intend this Conservation Easement to be, and this Conservation Easement shall not be, construed such that it creates in or gives to Grantee or ACOE any of the following: (1) The obligations or liabilities of an "owner" or "operator," as those terms are defined and used in Environmental Laws (defined below), including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (42 U.S.C. Section 9601 etseq.; hereinafter, "CERCLA"); or (2) The obligations or liabilities of a person described in 42 U.S.C. Section 9607(a)(3) or (4); or (3) The obligations of a responsible person under any applicable Environmental Laws; or (4) The right to investigate and remediate any Hazardous Materials associated with the Property; or (5) Any control over Grantor's ability to investigate, remove, remediate or otherwise clean up any Hazardous Materials associated with the Property. The term "Hazardous Materials" includes, without limitation, (a) material that is flammable, explosive or radioactive; (b) petroleum products, including by- products and fractions thereof; and (c) hazardous materials, hazardous wastes, hazardous or toxic substances, or related materials defined in CERCLA, the Hazardous Materials Transportation Act (49 U.S.C. Section 6901 et seq.); the Hazardous Waste Control Law (California Health & Safety Code Section 25100 et seq.); the Hazardous Substance Account Act (California Health & Safety Code Section 25300 et seq.), and in the regulations adopted and publications promulgated pursuant to them, or any other applicable federal, state or local laws, ordinances, rules, regulations or orders now in effect or enacted after the date of this Conservation Easement. The term "Environmental Laws" includes, without limitation, any federal, state, local or administrative agency statute, ordinance, rule, regulation, order or requirement relating to pollution, protection of human health or safety, the environment or 2-28-07 -18- 8098 Hazardous Materials. Grantor represents, warrants, and covenants to Grantee and ACOE that Grantor's activities upon and use of the Property will comply with all Environmental Laws. (c) Warranty. Grantor represents and warrants that (1) there are no outstanding monetary liens or conservation easements senior in priority to this Conservation Easement, and (2) the Property is not subject to any other encumbrances other than those of record. Upon the recording of this Conservation Easement, Grantor will obtain title insurance policies on the Property in an amount equal to the fair market value of the Property for each of Grantee and Association. (d) No Forfeiture. Nothing contained herein will result in a forfeiture or reversion of Grantor's title in any respect. (e) Extinguishment. If circumstances arise in the future that render the Purpose of this Conservation Easement impossible to accomplish, this Conservation Easement can only be terminated or extinguished, in whole or in part, by judicial proceedings in a court of competent jurisdiction. (f) Condemnation. The Purpose of this Conservation Easement is presumed to be the best and most necessary public use as defined in Code of Civil Procedure Section 1240.680 notwithstanding Code of Civil Procedure Sections 1240.690 and 1240.700. Nevertheless, if the Property is taken, in whole or in part, by exercise of the power of eminent domain, Grantor and Grantee shall be entitled to compensation in accordance with applicable law. (g) Termination of Rights and Obligations. A party's rights and obligations under this Conservation Easement shall terminate upon transfer of the party's interest in the Conservation Easement or Property (respectively), except that liability for acts or omissions occurring prior to transfer shall survive transfer. (h) Successors and Assigns. The covenants, terms, conditions, and restrictions of this Conservation Easement shall be binding upon, and inure to the benefit of, the parties hereto and their respective personal representatives, heirs, successors, and assigns and shall continue as a servitude running in perpetuity with the Property. The covenants hereunder benefiting Grantee shall also benefit ACOE. (i) Controlling Law. The laws of the State of California and the laws of the United States shall govern the interpretation and performance of this Conservation Easement. Any subsequent amendment or repeal of state law or order that authorizes this Conservation Easement shall not affect the rights conveyed to the Grantee or its successors or assigns. (j) Severability. If a court of competent jurisdiction voids or invalidates on its face any provision of this Conservation Easement, such action shall not affect the remainder of this Conservation Easement. If a court of competent jurisdiction voids or invalidates the application of any provision of this Conservation Easement to a person or circumstance, such action shall not affect the application of the provision to other persons or circumstances. 2-28-07 -19- 8099 (k) Liberal Construction. Any general rule of construction to the contrary notwithstanding, this Conservation Easement shall be liberally construed in favor of the grant to effect the purposes of this Conservation Easement and the policy and purpose of California Civil Code Section 815, et seq. If any provision in this instrument is found to be ambiguous, an interpretation consistent with the purposes of this Conservation Easement that would render the provision valid shall be favored over any interpretation that would render it invalid. (1) Captions. The captions in this instrument have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon construction or interpretation. (m) Exhibits. All Exhibits referred to in this Conservation Easement are attached and incorporated herein by reference. (n) Entire Agreement. This instrument sets forth the entire agreement of the parties with respect to the Conservation Easement and supersedes all prior discussions, negotiations, understandings, or agreements relating to the Conservation Easement, all of which are merged herein. No alteration or variation of this instrument shall be valid or binding unless contained in an amendment in accordance with Section 14. (o) Counterparts. The parties may execute this instrument in two or more counterparts, which shall, in the aggregate, be signed by Grantor and Grantee; each counterpart shall be deemed an original instrument as against any party who has signed it. In the event of any disparity between the counterparts produced, the recorded counterpart shall be controlling. IN WITNESS WHEREOF, Grantor and Grantee have entered into this Conservation Easement the day and year first above written and have agreed to be bound by the terms and provisions hereof. AUTHORITY The individuals executing this Conservation Easement and the instruments referenced in it on behalf of Grantor and Grantee each represent and warrant that they have the legal power, right and actual authority to bind them to the terms and conditions of this Conservation Easement. GRANTOR FENTON RACEWAY, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY By: H.G. FENTON COMPANY, A CALIFORNIA CORPORATION, ITS MANAGER **By:AtiLJ (sign here) Robert Gottlieb Chief Financial Officer / / Michael Neal, President 2-28-07 -20- 8100 **By: (sign here) Robert Gottleib, CFO APPROVED AS TO FORM: RONALD R. B$LL, City Attorney By:__ le Mobaldi Assistant City Attorney GRANTEE CITY OF CARLSBAD, a California Municipal corporation 2-28-07 -21- 8101 STATE OF CALIFORNIA COUNTY JSS. On P.J before me, personally appeared personally known to me (or proved to mo on the basis of satisfactory evidence) to the person(s) whose name(s) -is/are subscribed to the within instrument and acknowledged to me that -he/she/they executed the same in his/her/their authorized capacity(ies), and that by Iris/ha /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature_ VICKI G. WAUACf CommJMton * 1707123Notafy PubHc - Codfwnto I »on Otogo County 1 STATE OXCALIFORNIA COUNTY O\ On JSS. before me, personally appeared personally known to me^or proved to me on the basis of satisfactory evidence) to the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the sarn^ in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument "the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. \ \ WITNESS my hand and official seal.\ \ Signature 2-28-07 -22- 8102 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California •of Wo*) DJUU^County ____ . /-Y ~~^ 7 °On/^fJ/LL 11. Z06c> before me, Date ' personally appeared } ft . /) F 6 Here Insert Name and tile of the Officer Name(s) of Signer(s) SHERRVA. FREISINGER Commission # 1727064 . Notary Public - California i ^an Dtego County j J Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the persontef whose nametef is/ape' subscribed to the within instrument and acknowledged to me that he/sr/eVth£9 executed the same in his/h^f/thgfr authorized capacity(ie$, and that by his/h^r/thefTr signature^ on the instrument the person(s£ or the entity upon behalf of which the person(s^acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESSjny h I Signatun 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:/ xj iLQ (?(^&(L<fL(n{jUl*-VaJ-(r*- Number of Pages:. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1 -800-876-6827 8103 EXHIBIT "A" Legal Description (Attached hereto) Exhibit "A" 8104 FEBRUARY 8, 2005 J.N. 981012 PAGE 1 OF 1 EXHIBIT 'A' " LEGAL DESCRIPTION PARCEL AA' LOT 26 OF CARLSBAD TRACT NO. 98-10, ACCORDING TO MAP THEREOF NO. 15013, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON MAY 3, 2005 AS FILE NO. 2005-0371022 OF OFFICIAL RECORDS. EXCEPTING THEREFROM THE PARCEL DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 26, SAID POINT BEING ON A 1937-FOOT RADIUS CURVE, CONCAVE WESTERLY, THE RADIAL LINE TO SAID POINT BEARS NORTH 87°19'02" EAST; THENCE, SOUTHERLY ALONG THE EAST LINE OF SAID LOT, ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 2°24'30" A DISTANCE OF 81.41 FEET TO THE TRUE POINT OF BEGINNING; THENCE, CONTINUING ALONG SAID EAST LINE, ALONG THE ARC OF SAID 1937-FOOT RADIUS' CURVE SOUTHERLY THROUGH A CENTRAL ANGLE OF 2°11'20" A DISTANCE OF 74.00 FEET; THENCE, LEAVING SAID EAST LINE, NORTH 89°10'48" WEST 53.12 FEET; THENCE NORTH 00°49'12" EAST 74.00 FEET; THENCE SOUTH 89°10'48" EAST 53.12 FEET TO THE TRUE POINT OF BEGINNING. O:\Legal_Descriptions\981012\Lot 26 Parcel A.lgl.doc 8105 FEBRUARY 9, 2005 J.N. 981012 PAGE 1 OF 7 EXHIBIT 'A' LEGAL DESCRIPTION PARCEL AB' LOT 27 OF CARLSBAD TRACT NO. 98-10, ACCORDING TO MAP THEREOF NO. 15013, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON MAY 3, 2005 AS FILE NO. 2005-0371022 OF OFFICIAL RECORDS. EXCEPTING THEREFROM THE PARCELS DESCRIBED AS FOLLOWS: PARCEL 'B-l' BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 27, SAID POINT BEING ON A 2063-FOOT RADIUS CURVE, CONCAVE WESTERLY, THE RADIAL TO SAID POINT BEARS NORTH 87°29'47" EAST; THENCE SOUTH ALONG THE WEST LINE OF SAID LOT 27, ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 3°45'13" A DISTANCE OF 135.16 FEET TO THE TRUE POINT OF BEGINNING; THENCE, LEAVING SAID WEST LINE, SOUTH 87°48'21" EAST 75.81 FEET; THENCE SOUTH 12°37'48" WEST 69.14 FEET; THENCE NORTH 87°48'21" WEST 63.29 FEET TO POINT W , SAID POINT ON THE WEST LINE OF SAID LOT 27, SAID POINT ALSO BEING THE BEGINNING OF A NON-TANGENT 2063-FOOT RADIUS CURVE CONCAVE WESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 86°51'41" EAST; THENCE NORTHERLY ALONG SAID WEST LINE, ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 1°53'19" A DISTANCE OF 68.00 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 'B-2' BEGINNING AT POINT 'A' AS DESCRIBED IN PARCEL XB-1', SAID POINT BEING ON A 2063-FOOT RADIUS CURVE CONCAVE WESTERLY, THE RADIAL LINE TO SAID POINT BEARS SOUTH 86°51'41" EAST; THENCE, SOUTHERLY ALONG THE WEST LINE OF SAID LOT, ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 6°29'20" A DISTANCE OF 233.64 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID WEST LINE, SOUTH 66°33'22" EAST 268.47 FEET; THENCE SOUTH 23°41'05" EAST 154.58 FEET; THENCE NORTH 24°31'53" EAST 14.87 FEET; THENCE SOUTH 65°28'07" EAST 34.00 FEET; THENCE SOUTH 24°31'53" WEST 45.25 8106 FEBRUARY 9, 2005 J.N. 981012 PAGE 2 OF 7 FEET; THENCE SOUTH 23°41'05" EAST 108.43 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 27; THENCE ALONG SAID SOUTH LINE NORTH 60°50'59" WEST 201.63 FEET TO THE BEGINNING OF A 706-FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE ALONG SAID SOUTH LINE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 11°54'54" A DISTANCE OF 146.82 FEET; THENCE ALONG SAID SOUTH LINE NORTH 72°45'53" WEST 68.15 FEET TO THE BEGINNING OF A 25-FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE ALONG SAID LINE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 82°23'32" A DISTANCE OF 35.95 FEET TO THE BEGINNING OF A COMPOUND 2063-FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE NORTHERLY ALONG SAID WEST LINE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 5°11'07" A DISTANCE OF 186.70 FEET TO THE TRUE POINT OF BEGINNING. PARCEL BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 27; THENCE, ALONG THE NORTH LINE OF SAID LOT 27, SOUTH 89°45'15" EAST 103.44 FEET TO THE TRUE POINT OF BEGINNING; THENCE, CONTINUING ALONG SAID NORTH LINE, SOUTH 89°45'15" EAST 32.34 FEET; THENCE, LEAVING SAID NORTH LINE, SOUTH 51°33'31" EAST 106.24 FEET; THENCE NORTH 81°24'09" EAST 159.09 FEET TO THE BEGINNING OF A 1010-FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 8°49'20" A DISTANCE OF 155.52 FEET; THENCE SOUTH 89°46'31" EAST 167.26 FEET; THENCE SOUTH 87°48M6" EAST 496.27 FEET; THENCE NORTH 49°32'03" EAST 70.49 FEET TO A POINT ON A NORTHERLY LINE OF SAID LOT 27; THENCE ALONG SAID LINE SOUTH 89°45'15" EAST 30.66 FEET; THENCE LEAVING SAID LINE SOUTH 49°32'03" WEST 91.93 FEET; THENCE SOUTH 44°28'02" EAST 331.80 FEET; THENCE SOUTH 63°47'16" EAST 350.75 FEET TO THE BEGINNING OF A 515-FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 8°45'07" A DISTANCE OF 78.67 FEET; THENCE, NON-TANGENT TO SAID CURVE, NORTH 36°58'31" EAST 91.02 FEET; THENCE NORTH 68°26'23" EAST 156.25 FEET; THENCE SOUTH 73°05'46" EAST 191.04 FEET TO A POINT ON THE NORTH LINE OF LOT 17 OF SAID MAP 15013; THENCE, ALONG SAID NORTH LINE, NORTH 89°54'52" WEST 32.15 FEET TO THE NORTHWEST CORNER OF SAID LOT 17; THENCE, ALONG THE WEST LINE OF SAID LOT 17, SOUTH 33°01'29" EAST 28.27 FEET; THENCE, LEAVING SAID WEST LINE, NORTH 73°05'46" WEST 121.20 FEET; THENCE SOUTH 07°55'57" WEST 26.42 FEET; THENCE SOUTH 35°57'53" WEST 102.95 FEET; THENCE NORTH 84°49'56" WEST 8107 FEBRUARY 9, 2005 J.N. 981012 PAGE 3 OF 7 87.00 FEET; THENCE NORTH 41°09'15" WEST 70.22 FEET; THENCE SOUTH 36°58'31" WEST 23.87 FEET TO THE BEGINNING OF A 22-FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 115°33'53" A DISTANCE OF 44.37 FEET TO THE BEGINNING OF A COMPOUND 518-FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 11°24'38" WEST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 2 "21'07" A DISTANCE OF 21.26 FEET; THENCE NON-TANGENT TO SAID CURVE SOUTH 09°16'47" WEST 17.00 FEET TO THE BEGINNING OF A NON-TANGENT 535-FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 09°03'56" WEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 17°08'48" A DISTANCE OF 160.11 FEET; THENCE NORTH 63°47'16" WEST 354.15 FEET; THENCE NORTH 44°28'02" WEST 346.90 FEET; THENCE NORTH 87°48'46" WEST 488.57 FEET; THENCE NORTH 89°46'31" WEST 166.92 FEET TO THE BEGINNING OF A 990-FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 8°49'20" A DISTANCE OF 152.44 FEET; THENCE SOUTH 81°24'09" WEST 48.44 FEET TO THE BEGINNING OF A 25-FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90°00'00" A DISTANCE OF 39.27 FEET; THENCE SOUTH 08°35'51" EAST 20.00 FEET; THENCE SOUTH 81°24'09" WEST 20.00 FEET; THENCE NORTH 08°35'51" WEST 20.00 FEET TO THE BEGINNING OF A 25-FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90°00'00" A DISTANCE OF 39.27 FEET; THENCE SOUTH 81°24'09" WEST 49.35 FEET; THENCE NORTH 51°33'31" WEST 140.36 FEET TO THE TRUE POINT OF BEGINNING. PARCEL AB-4' BEGINNING AT THE NORTHEAST CORNER OF LOT 23 OF SAID MAP 15013; THENCE, ALONG THE NORTH LINE OF SAID LOT 23, NORTH 35°30'53" WEST 67.30 FEET; THENCE NORTH 41°57'02" WEST 79.40 FEET TO THE BEGINNING OF A 60-FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 105°47'21" A DISTANCE OF 110.78 FEET; THENCE, LEAVING SAID LOT 23 NON-TANGENT TO SAID CURVE, NORTH 43°03'09" WEST 79.63 FEET; THENCE NORTH 07°51'55" WEST 43.27 FEET; THENCE NORTH 32°35'20" EAST 101.43 FEET; THENCE NORTH 77°41'37" EAST 76.14 FEET; THENCE SOUTH 72°18'08" EAST 65.44 FEET; THENCE SOUTH 32°10'47" EAST 81.63 FEET; THENCE SOUTH 15°59'53" WEST 52.14 FEET; THENCE SOUTH 8108 FEBRUARY 9, 2005 J.N. 981012 PAGE 4 OF 7 44°55'51" WEST 30.03 FEET; THENCE SOUTH 25°41'48" EAST 127.98 FEET; THENCE SOUTH 19°57'10" EAST 35.45 FEET TO A POINT ON THE NORTH LINE OF LOT 22 OF SAID MAP 15013; THENCE, ALONG SAID NORTH LINE, NORTH 47°53'36" WEST 1.01 FEET; THENCE SOUTH 40°30'27" WEST 12.00 FEET; THENCE NORTH 49°29'33" WEST 13.80 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 'B-5' BEGINNING AT THE NORTHWEST CORNER OF LOT 18 OF SAID MAP 15013; THENCE, ALONG THE NORTH LINE OF SAID LOT 18, SOUTH 83°29'18" WEST 18.62 FEET; THENCE SOUTH 01°22'35" EAST 1.21 FEET; THENCE, LEAVING SAID NORTH LINE, SOUTH 80°20'34" WEST 85.93 FEET; THENCE NORTH 09°39'26" WEST 20.00 FEET; THENCE NORTH 80°20'34" EAST 100.68 FEET TO A POINT ON THE WEST LINE OF LOT 17 OF SAID MAP 15013; THENCE, ALONG SAID WEST LINE, SOUTH 33°01'29" EAST 11.43 FEET; THENCE SOUTH 06°30'42" EAST 9.35 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 'B-6' BEGINNING AT THE NORTHWEST CORNER OF LOT 16 OF SAID MAP 15013; THENCE, ALONG THE NORTH LINE OF SAID LOT 16, SOUTH 89°54'52" EAST 23.59 FEET TO THE TRUE POINT OF BEGINNING; THENCE, LEAVING SAID NORTH LINE, NORTH 03°46'27" EAST 36.04 FEET; THENCE SOUTH 86°13'33" EAST 15.00 FEET; THENCE SOUTH 03°46'27" WEST 35.07 FEET TO A POINT ON SAID NORTH LINE; THENCE, ALONG SAID NORTH LINE, NORTH 89° 54'52" WEST 15.03 FEET TO THE TRUE POINT OF BEGINNING. PARCEL B-7' BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 27; THENCE, ALONG THE EAST LINE OF SAID LOT 27, SOUTH 31°40'08" EAST 19.16 FEET TO THE TRUE POINT OF BEGINNING; THENCE, CONTINUING ALONG SAID EAST LINE, SOUTH 31°40'08" EAST 118.61 FEET TO POINT 'B'; THENCE, LEAVING SAID EAST LINE, NORTH 82°54'45" WEST 144.43 FEET; THENCE NORTH 07°05'15" EAST 12.00 FEET TO THE BEGINNING OF A NON- TANGENT 35-FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, SAID LINE BEING RADIAL TO SAID CURVE; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90°00'00" A DISTANCE OF 8109 FEBRUARY 9, 2005 J.N. 981012 PAGE 5 OF 7 54.98 FEET TO THE BEGINNING OF A REVERSE 47-FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY A RADIAL LINE TO SAID POINT BEARS NORTH 82°54'45" WEST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 75°26'26" A DISTANCE OF 61.88 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 'B-8' BEGINNING AT POINT 'B' AS DESCRIBED IN PARCEL 'B-7'; THENCE, ALONG THE EAST LINE OF SAID LOT 27, SOUTH 31°40'08" EAST 128.39 FEET TO THE TRUE POINT OF BEGINNING; THENCE, CONTINUING ALONG SAID EAST LINE, SOUTH 31°40'08" EAST 116.41 FEET; THENCE, LEAVING SAID EAST LINE, SOUTH 58°19'52" WEST 67.68 FEET; THENCE SOUTH 69°53'53" WEST 16.00 FEET; THENCE NORTH 20°06'07" WEST 22.00 FEET TO THE BEGINNING OF A 23-FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 60°47'26" A DISTANCE OF 24.40 FEET; THENCE, NON-TANGENT TO SAID CURVE, SOUTH 75°02'13" WEST 85.36 FEET; THENCE SOUTH 28°21'55" EAST 90.14 FEET; THENCE SOUTH 64°33'00" WEST 161.75 FEET; THENCE NORTH 32°13'05" WEST 39.80 FEET; THENCE NORTH 04°24'09" WEST 80.48 FEET; THENCE SOUTH 75°02'13" WEST 10.17 FEET; THENCE SOUTH 75°02'13" WEST 69.73 FEET TO THE BEGINNING OF A 20-FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 106°42'21" A DISTANCE OF 37.25 FEET TO A POINT ON THE EAST LINE OF LOT 16 OF SAID MAP 15013; THENCE, ALONG SAID EAST LINE NON-TANGENT TO SAID CURVE, NORTH 31°40'08" WEST 46.64 FEET TO THE NORTHEAST CORNER OF SAID LOT 16; THENCE, ALONG THE NORTH LINE OF SAID LOT 16, NORTH 89°54'52" WEST 4.15 FEET; THENCE, LEAVING SAID NORTH LINE, NORTH 75°02'13" EAST 123.04 FEET; THENCE NORTH 30°44'18" WEST 27.70 FEET; THENCE NORTH 59°15'42" EAST 20.01 FEET; THENCE SOUTH 30°44'18" EAST 33.35 FEET; THENCE NORTH 75°02'13" EAST 59.63 FEET; THENCE NORTH 14°42'33" WEST 45.97 FEET; THENCE NORTH 75°17'27" EAST 32.34 FEET; THENCE SOUTH 28°21'55" EAST 47.11 FEET; THENCE NORTH 75°02'13" EAST 72.42 FEET TO THE BEGINNING OF A NON-TANGENT 23- FOOT RADIUS CURVE CONCAVE WESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 39°02'01" EAST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 83°27'52" A DISTANCE OF 33.50 FEET; THENCE NORTH 32°29'53" WEST 22.00 FEET; THENCE NORTH 57°30'07" EAST 16.00 FEET; THENCE NORTH 58°19'52" EAST 61.93 FEET TO THE TRUE POINT OF BEGINNING. 8110 FEBRUARY 9, 2005 J.N. 981012 PAGE 6 OF 7 PARCEL AB-9' BEGINNING AT THE SOUTHEAST CORNER OF LOT 16 OF SAID MAP 15013; THENCE, ALONG THE EAST LINE OF SAID LOT 16, NORTH 31°40'08" WEST 35.38 FEET; THENCE, LEAVING SAID EAST LINE, NORTH 66°35'57" EAST 25.60 FEET; THENCE SOUTH 23°24'03" EAST 44.07 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 27, SAID POINT BEING DESIGNATED AS POINT "C"; THENCE, ALONG SAID SOUTH LINE, NORTH 89°33'33" WEST 22.42 FEET TO THE TRUE POINT OF BEGINNING. PARCEL XB-10' BEGINNING AT POINT 'C' AS DESCRIBED IN PARCEL NB-9'; THENCE, ALONG THE SOUTH LINE OF SAID LOT 27, SOUTH 89°33'33" EAST 123.15 FEET TO THE BEGINNING OF A 634-FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE, CONTINUING ALONG SAID SOUTH LINE, ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 2°59'00" A DISTANCE OF 33.01 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID SOUTH LINE NORTH 04°48'09" WEST 20.14 FEET; THENCE NORTH 55°48'07" EAST 57.39 FEET; THENCE SOUTH 04°48'09" EAST 48.30 FEET TO POINT 'D', BEING A POINT ON SAID SOUTH LINE, THE BEGINNING OF A NON-TANGENT 634-FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 07°03'45" EAST; THENCE WESTERLY ALONG SAID SOUTHERLY LINE, ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 4°31'12" A DISTANCE OF 50.02 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 'B-ll' BEGINNING AT POINT XD' AS DESCRIBED IN PARCEL 'B-10'; THENCE, ALONG THE SOUTH LINE OF SAID LOT 27, ALONG THE ARC OF SAID 634- FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 8°07'59" A DISTANCE OF 89.99 FEET TO THE TRUE POINT OF BEGINNING; THENCE, LEAVING SAID SOUTH LINE, NORTH 07°36'28" WEST 57.72 FEET TO THE BEGINNING OF A 32-FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 120°24'55" A DISTANCE OF 67.25 FEET; THENCE SOUTH 51°58'37" WEST 27.60 FEET; THENCE NORTH 38°01'23" WEST 16.00 FEET; THENCE NORTH 51°58'37" EAST 113.37 FEET; THENCE SOUTH 38°01'23" EAST 16.00 FEET; THENCE SOUTH 51°58'37" WEST 3.98 FEET TO THE BEGINNING OF A 32-FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A 8111 FEBRUARY 9, 2005 J.N. 981012 PAGE 7 OF 7 CENTRAL ANGLE OF 76°30'09" A DISTANCE OF 42.73 FEET; THENCE SOUTH 24°31'32" EAST 88.23 FEET TO A POINT ON SAID SOUTH LINE, THE BEGINNING OF A NON-TANGENT 634-FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 18°16'16" EAST; THENCE WESTERLY ALONG SAID SOUTH LINE, ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 3°04'33" A DISTANCE OF 34.04 FEET TO THE TRUE POINT OF BEGINNING. O:\Legal_De3criptions\981012\Lot 27 Parcel B.lgl.doc 8112 FEBRUARY 9, 2005 J.N. 981012 PAGE 1 OF 2 EXHIBIT 'A' LEGAL DESCRIPTION PARCEL 'C' LOT 28 OF CARLSBAD TRACT NO. 98-10, ACCORDING TO MAP THEREOF NO. 15013, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON MAY 3, 2005 AS FILE NO. 2005-0371022 OF OFFICIAL RECORDS. EXCEPTING'THEREFROM THE PARCELS DESCRIBED AS FOLLOWS: PARCEL 'C-l' BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 28; THENCE, ALONG THE NORTH LINE OF SAID LOT, SOUTH 89°33'33" EAST 22.83 FEET TO POINT AE'; THENCE, LEAVING SAID NORTH LINE, SOUTH 28°22'10" EAST 58.74 FEET; THENCE SOUTH 61°37'50" WEST 20.00 FEET TO A POINT ON THE WEST LINE OF SAID LOT 28; THENCE, ALONG SAID WEST LINE, NORTH 28°22'10" WEST 69.74 FEET TO POINT OF BEGINNING. PARCEL 'C-2' BEGINNING AT POINT 'E' AS DESCRIBED IN PARCEL AC-1'; THENCE, ALONG THE NORTH LINE OF SAID LOT 28, SOUTH 89°33'33" WEST 73.07 FEET TO THE BEGINNING OF A 706-FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE, CONTINUING ALONG SAID NORTH LINE, EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 6°57'55" A DISTANCE OF 85.83 FEET TO THE TRUE POINT OF BEGINNING; THENCE, CONTINUING ALONG SAID NORTH LINE, ALONG THE ARC OF SAID 706-FOOT RADIUS CURVE EASTERLY THROUGH A CENTRAL ANGLE OF 5°31'15" A DISTANCE OF 68.03 FEET; THENCE, LEAVING SAID NORTH LINE NON- TANGENT TO SAID CURVE, SOUTH 09°17'05" EAST 57.00 FEET; THENCE SOUTH 76°04'39" WEST 68.22 FEET; THENCE NORTH 09°17'05" WEST 62.52 FEET TO THE TRUE POINT OF BEGINNING. 8113 FEBRUARY 9, 2005 J.N. 981012 PAGE 2 OF 2 PARCEL xC-3' BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 28; THENCE, ALONG THE SOUTH LINE OF SAID LOT 28, NORTH 89°27'44" WEST 69.44 FEET TO THE TRUE POINT OF BEGINNING; THENCE, CONTINUING ALONG SAID SOUTH LINE, NORTH 89°27'44" WEST 47.58 FEET; THENCE, LEAVING SAID SOUTH LINE, NORTH 00°37'18" WEST 47.76 FEET TO THE BEGINNING OF A 30- FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 27°44'37" A DISTANCE OF 14.53 FEET; THENCE NORTH 28°21'55" WEST 213.07 FEET; THENCE NORTH 61°38'05" EAST 16.00 FEET; THENCE SOUTH 28°21'55" EAST 36.21 FEET TO THE BEGINNING OF A 30-FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90°00'00" A DISTANCE OF 47.12 FEET; THENCE NORTH 61°38'05" EAST 30.77 FEET TO A POINT ON THE EAST LINE OF SAID LOT 28; THENCE, ALONG SAID EAST LINE, SOUTH 28°21'55" EAST 24.00 FEET; THENCE, LEAVING SAID EAST LINE, SOUTH 61°38'05" WEST 30.47 FEET TO THE BEGINNING OF A 30-FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 89°53'27" A DISTANCE OF 47.07 FEET; THENCE SOUTH 28°15'22" EAST 172.15 FEET TO THE TRUE POINT OF BEGINNING. O:\Legal_Descriptions\981012\Lot 28 Parcel C.lgl.doc 8114 EXHIBIT "B" Depiction of Property (Attached hereto) Exhibit "B" co->-* "5tocoO 5~ DO OO OoCNJ 8115 BASIS OF BEARINGS THE BASIS OF BEARINGS FOR THIS MAP IS THE SOUTHERL Y LINE OF MAP No. 15250, I.E. N 89'45'58" W. LEGAL DESCRIPTION PORTIONS OF LOT 26, 27, AND 28 OF MAP No. 15013. CITY OF ^ OCEANSIDE HIGHWAY! ^"- BUSINESS PARK DR. CONSULT 2710 loker Avenue West Suite 100 Carlsbad, California 92010 760-931-7700 Fax: 760-931-8680 www.odayconsultants.com Civil Engineering Plonning Processing Surveying SITE PACIFIC OCEAN CITY OF SAN MARCOS CITY OF ENCINITAS VICINITY MAP HO SCALE APPLICANT EXHIBIT "B' FENTON RACEWAY LLC 7588 METROPOLITAN DRIVE SAN DIEGO, CA 92108 PH. (619) 400-0134 TIMOTHY 0. LS. 7700 CARROLL EXP. 12/31/08 SHT. / OF 6 SHT. A.P.N. 221-880-14,15 221-881-13 l:\971035\Exhibits\OpenSpace\OSConserve_Plot.dwg Jul 07, 2008 8:48am Xrefs: 9735VIC; 9735AMAP 8116 EASEMENT TABLE No. * ** * 1 2 3 4 ~8~ 9 10 13 14 15 16 17 18 19 22 A PURPOSE AERIAL & UNDERGROUND PUBLIC UTILITIES INGRESS, EGRESS, AND UTILITY AERIAL & UNDERGROUND PUBLIC UTILITIES AERIAL & UNDERGROUND PUBLIC UTILITIES AERIAL & UNDERGROUND PUBLIC UTILITIES AERIAL & UNDERGROUND PUBLIC UTILITIES ROAD & PUBLIC UTILITY TOGETHER WITH RIGHT TO EXTEND DRAINAGE STRUCTURES AND SLOPES BEYOND RIGHT-OF-WAY SEWER LIFT STATION AND SEWER PIPELINES SEWER PIPELINES STORM DRAIN PIPES AND LINES AERIAL & UNDERGROUND PUBLIC UTILITIES SLOPE AND CONSTRUCTION SEWER PIPELINES & ACCESS ROADS PUBLIC WATERLINE SEWER ACCESS DRAINAGE EASEMENT OWNER S.D.G.&E. IDA DAWS ON S.D.G.&E. S.D.G.&E. S.D.G.&E. S.D.G.&E. JANICE LEE COLLINS, ETAL CITY OF VISTA CITY OF VISTA CITY OF VISTA S.D.G.&E. CITY OF CARLSBAD CITY OF VISTA CM. W.D. CITY OF VISTA CITY OF CARLSBAD REFERENCE BOOK 1085, PAGE 71 BOOK 7586, PAGE 133 FILE/PAGE No. 156597 FILE/PAGE No. 156617 FILE/PAGE No. 39752 FILE/PAGE No. 39756 FILE/PAGE No. 78-076054 FILE/PAGE No. 86-441910 FILE/PAGE No. 86-441919 FILE/PAGE No. 87-609285 FILE/PAGE No. 89-409482 FILE/PAGE No. 1992-0211311 FILE/PAGE No. 2004-1160412 FILE/PAGE No. 2004-1160413 FILE/PAGE No. 2004-0785746 DOC. 2004-01160413 MAP No.15013 * NOTE: EXACT LOCA TION OF EASEMENT INDETERMINA TE PER SAID INSTRUMENT. APPROXIMA IF LOCA TION SHOWN. *** NOTE: EASEMENT TO BE ABANDONED BY SEPARA TE DOCUMENT AFTER SEWER MAIN RELOCA TION COMPLETE. EASEMENTS PER PRELIMINARY TITLE REPORT DATED OCTOBER 7, 2004 BY FIRST AMERICAN TITLE INSURANCE COMPANY, ORDER NO. DIV-985095. //$> ^ ^ ^\. / •sPx'A"1 ^5V^\ f I 1 NO 7700 ' 'CONSULT A'NTS \.\ . .\TT\ EXP- 12/31/08 .2710 Loker Avenue West Civil Engineering \ o\ / Suite 100 Plonning \ *J>\^ ,/\ Corlsbod, Col fornia 92010 Processing X.'^^O*^^ -~*^ <~P*i 760-931-7700 Surveying >w C /V- \^C)^~ Fax: 760-931-8680 V^L/A CnV-*^.^ www.odayconsultants.com ^ ^ ^^^^ '*/ APPLICANT EXHIBIT "B" FENTON RACEWAY LLC ^^{^1 . /-j / 7588 METROPOLITAN DRIVE ' ^ l^-^f "?/& SAN DIEGO, CA 92108 TIMOTHY 0. CARROLL PH. (619)400-0134 LS. 7700 EXP.1 2/31/08 ? SHT. 2 OF 6 SHT. A.P.N. 221-880-14,15 221-881-13 l:\971035\Exhibits\OpenSpace\OSConserve_Plat.dwg Ju\ 07, 2008 8:49am Xrefs: 9735VIC; 9735AMAP 8117 oo ooo oooo CXI PARCEL A PM OPEN SPAC ^l^or^VJSTA^ Wy oFlzAFi£sBAD<V%Z/<. \\^PUBLIC TRAIL EASEMENT PER MAP 15013 0' 200'3 - SCALE: 1" - 200' at, 99-08 CON SUIT 2710 Loker Avenue West Suite 100 Carlsbad, California 92010 760-931-7700 Fax: 760-931-8680 www odayconsultants.com Civil Engineering Planning Processing Surveying APPLICANT FENTON RACEWAY LLC 7588 METROPOLITAN DRIVE SAN DIEGO, CA 92108 PH. (619) 400-0134 EXHIBIT "B' TIMOTHY 0. CARROLL LS. 7700 EXP.12/31/08 SHT. 3 OF 6 SHT. A.P.N. 221-880-14,15221-881-13 l:\971035\Exhibits\OpenSpace\OSConserve_Plat.dwg Jul 07, 2008 9:10am Xrefs: 9735VIC; 9735AMAP PARCEL A or PM 15493 OPEN SPACZ CITY OF VISTA 2710 Loker Avenue West Suite 100 Carlsbad. California 92010 760-931-7700 Fax: 760-931-8680 www.odayconsul tan ts.com CITY OF CARLSBAD '//////OPEN, SPACE, PARCEL "B OPEN SPACE'//////////, PARCEL B PRIVATE STORM DRAIN EASEMENT STORM DRAIN! EASEMENT / PER MAP I ~\l PRIVATE 22 ) / / STORM DRAIN I EASEMENT :>-PRIVA TE DRAINAGE EASEMENT CONSULT T S Civil Engineering Planning Processing Surveying APPLICANT FENTON RACEWAY LLC 7588 METROPOLITAN DRIVE SAN DIEGO, CA 92108 PH. (619) 400-0134 0' 200' SCALE: 1" = 200' EXHIBIT "B1 TIMOTHY UTCARROLL LS. 7700 EXP.12/31/08 SHT. 4 OF 6 SHT. A.P.N. 221-880-14,15221-881-13 l:\971035\Exhibits\OpenSpace\OSConserve_Plat.dwg Jul 07, 2008 9:10am Xrefs: 9735VIC; 9735AMAP 8119 PARCEL C PM 15493CITY of visrA "CARLSBAD^. OPEN SPACE. PRIVATE STORM DRAIN EASEMENT PRIVATE STORM DRAIN EASEMENT £71 99-06 0' 200' 3 SCALE: 1" = 200' CONSULT 2710 Loker Avenue Wes Suite 100Carlsbad, California 92010 760-931-7700 Fax: 760-931- www.odoyconsultonts.co SHT. 5 OF 6 SHTAPPLICANT FENTON RACEWAY LLC 7588 METROPOLITAN DRIVE SAN DIEGO, CA 92108 PH. (619) 400-0134 TIMOTHY 0. CARROLL LS. 7700 EXP.1 2/31/08 221-880-14,15 221-881-13 l:\971035\Exhibits\OpenSpace\OSConserve_Plat.dwg Jul 07, 2008 9:10am Xrefs: 9735VIC; 9735AMAP 8120 PARCEL B \ PM 162-60 C]~TXr,jyjj JU/.UU j/J^jyi PARCEL ApM 16\PARCEL C 16250 OPEN PARCEL 0,7, 99-06 0' 200' SCALE: 1" = 200' CONSULT 2710 Loker Avenue West Civil Engineering Suite 100 Planning Carlsbad, California 92010 Processing 760-931 -7700 Surveying Fax: 760-931-8680 www.odayconsultants.com SHT. 6 OF 6 SHT.APPLICANT EXHIBIT B FENJDN RACEWAY LLC 7588 METROPOLITAN DRIVE SAN DIEGO, CA 92108 PH. (619) 400-0134 TIMOTHY 0. CARROLL LS. 7700 EXP. 12/31/08 221-880-14,15 221-881-13 l:\971035\Exhibits\OpenSpace\OSConserve_Plat.dwg Jul 07, 2008 9:08am Xrefs: 9735VIC; 9735AMAP 8121 EXHIBIT "C" Mitigation Plan (Attached hereto) Exhibit "C" 8122 FINAL RIPARIAN MITIGATION PLAN September 10, 2004 Prepared for: H.G. FENTON COMPANY 7588 Metropolitan Drive San Diego, California 92108-4401 Prepared by : HELIX ENVIRONMENTAL PLANNING, INC. 8100 La Mesa Boulevard, Suite 150 La Mesa, California 91941-6476 8123 TABLE OF CONTENTS (coat.) LIST OF FIGURES Number Title 1 Regional Location Map 2 Project Vicinity 3 Final Wetland Restoration Plan. Follows Page .2 .2 .6 LIST OF TABLES Number Title 1 Potential Impacts to ACOE Jurisdictional Areas 2 Potential Impacts to ACOE Jurisdictional Habitats. 3 Potential Impacts to CDFG Jurisdictional Areas 4 Potential Impacts to CDFG Jurisdictional Habitats. 5 Impacts/Mitigation 6 Southern Willow Scrub Plant Palette 7 Mule Fat Scrub Plant Palette 8 Freshwater Marsh Seed Mix 9 Maintenance Schedule 10 Success Criteria Milestones 11 Maintenance Monitoring Schedule ...2 ...2 ...2 ...2 ...4 .10 .10 .11 .15 .15 .17 8124 Carlsbad Raceway Riparian Mitigation Plan TABLE OF CONTENTS Section Title Page SUMMARY 1 I. PROJECT DESCRIPTION 1 A. Project Location 1 B. Project Summary 1 C. Responsible Party '. 1 D. Jurisdictional Areas to be Filled by Habitat Type 1 E. Function and Value of Directly Impacted Jurisdictional Areas 3 1. Type of Jurisdictional Areas 3 2. Function and Value of Riparian and Wetland Habitats 3 II. GOAL OF MITIGATION : 4 A. Type(s) of Created Habitat 4 B. Function and Value of Created Habitat...; 4 C. Time Lapse 5 D. Estimated Costs ,...: 5 III. FINAL SUCCESS CRITERIA : 5 A. Target Function and Value 5 B. Target Hydrological Regime.., 5 C. Target Created Jurisdictional Acreage..., 6 IV. PROPOSED MITIGATION SITE 6 A. Location and Size of Mitigation Area 6 B. Ownership Status 6 C. Existing Function and Value of Mitigation Area ....6 D. Present and Proposed Uses of Mitigation Area 6 E. Jurisdictional Delineation 6 F. Present and Proposed Uses of All Adjacent Areas 7 V. IMPLEMENTATION PLAN 7 A. Rationale for Expecting Implementation Success •. 7 B. Responsible Parties 7 1. Project Proponent 7 2. Landscape Architect ...7 3. Restoration Specialist. 7 4. Contractors) 8 C. Schedule , 8 8125 TABLE OF CONTENTS (coat.) Section Title V. IMPLEMENTATION PLAN (cone.) D. Site Preparation 8 1. Grading 8 2. Fencing 9 E. Planting Plan 9 F. Irrigation Plan 11 G. As-built Conditions .• •. 12 1. As-built Subrnittal 12 2. Post-installation Report 12 VI. MAINTENANCE DURING MONITORING PERIOD -. 13 A. Maintenance Activities 13 1. General Maintenance 13 2. Fencing 13 3. Weed Control 13 4. Other Pests 14 5. Fertilization •. 14 6. Pruning 14 B. Responsible Parties 14 C. Schedule 14 VII. MONITORING PLAN 15 A. Success Criteria and Technical Monitoring Methods 16 1. Technical Monitoring 16 2. Annual Reports 17 B. Maintenance Monitoring ..' 18 VIII. COMPLETION OF MITIGATION 18 A. Notification of Completion , 18 B. ACOE and CDFG Confirmation 18 IX. CONTINGENCY MEASURES 18 A. Initiating Procedures 18 B. Alternative Locations for Contingency Mitigation 19 C. Funding Mechanism 19 D. Responsible Parties 19 X. REFERENCES CITED 20 8126 CONCEPTUAL COASTAL SAGE SCRUB MITIGATION PLAN October 1, 2002 Prepared for: RACEWAY PROPERTIES, LLC 12672 Carrnnito Radiente San Diego, California 92130 Prepared by: HELIX ENVIRONMENTAL PLANNING, INC. 8100 La Mesa Boulevard, Suite 150 La Mesa, California 91941-6476 8127 Carlsbad Raceway Conceptual Coastal Sage Scrub Mitigation Plan TABLE OF CONTENTS Section Title Page SUMMARY M I. PURPOSE AND GOALS OF THE MITIGATION PLAN..... 1 II. PROJECT SUMMARY 1 A. Project Location and Descripcion 4 1 B. Environmental Setting , 1 C. Mitigation Needs 2 D. Project Impacts 2 III. ESSENTIAL PARTICIP ANTS 2 A. Project Proponent .2 B. Restoration Specialist 2 C. Landscape Architect , 3 D. Landscape Contractor 3 IV. MITIGATION DESIGN CONCEPTS 3 V. MITIGATION PLAN IMPLEMENTATION GUIDELINES 3 A. Timing 3 B. Protection of Habitat Outside the Restoration Areas During Project Construction ; 4 C. Protection of Restored Areas 4 VI. MITIGATION PLAN DETAILS 4 A. Site Preparation 4 B. Planting Plan : 5 1. Seed Specifications 5 2. Container Specifications 6 C. Substitutions.......... 7 D. Irrigation ;, 7 VII. MAINTENANCE DURING MONITORING PERIOD 7 A. Maintenance Activities 7 1. General Maintenance 8 2. Weed Control 8 3. Other Pests 8 8128 TABLE OF CONTENTS (com.) Section Title VII. MAINTENANCE DURING MONITORING PERIOD (cont.) A. Maintenance Activities (cont.) i 4. Irrigation 8 5. Fencing 9 6. Fertilization ..: 9 7. Pruning... 9 B. Responsible Parties 9 C. Schedule 9 VIII. AS-BUILT SUBMITTA1 9 IX. MONITORING PLAN '. 9 A. Maintenance Monitoring 10 B. Success Criteria and Technical Monitoring Methods 10 1. Technical Monitoring 10 2. Annual Reports 12 X. COMPLETION OF MITIGATION 12 A. Notification of Completion 12 B. Service Confirmation 12 XI. CONTINGENCY MEASURES 12 A. Initiating Procedures 12 B. Responsible Parties 12 XII.REFERENCE CITED 12 LIST OF FIGURES Follows Number Title 1 Regional Location Map 2 2 Project Vicinity 2 3 Conceptual Diegan Coastal Sage Scrub Restoration Plan 4 8129 TABLE OF CONTENTS (cont.) LIST OF TABLES Number Title Page 1 Coastal Sage Scrub Seed Mix 6 2 Coastal Sage Scrub Container Stock 7 3 Maintenance Monitoring Schedule 10 4 Success Criteria Milestones 11 ui 8130 EXHIBIT "D" Preliminary Title Report (Attached hereto) Exhibit "D" 8131 CHICAGO TITLE COMPANY PRELIMINARY REPORT SECOND AMENDED Dated as of: September^,2005 at 7:30AM Reference: CARLSBAD RACEWAY, LOTS 26,27,28 Order No.: 53010069 - U13 CHICAGO TITLE COMPANY hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception in Schedule B or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in the attached list. Copies of the Policy forms are available upon request Please read the exceptions shown or referred to In Schedule B and the exceptions and exclusions set forth in the attached list of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects and encumbrances affecting title to the land. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED The form of policy of title insurance contemplated by this report is: CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY Vfsft Us On The Web: westemdMslon.ctt.com Title Department: CHICAGO TITLE COMPANY 2365 NORTHSIDE DRIVE #500 SAN DIEGO, CA 92108 (619)521-3542 fax:(619)521-3605 Michael Brady TITLE OFFICER PfP --08/05/99bk 8132SCHEDULE A Order No: 53010069 U13 YourRef: CARLSBAD RACEWAY, LOTS 26,27,28 1. The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE 2. Title to said estate or interest at the date hereof is vested in: FENTON RACEWAY, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY 3. The land referred to in this report is situated in the State of California, County of SAN DIEGO and is described as follows: LOTS 26, 27 AND 28 OF CARLSBAD TRACT NO. 98-10 CARLSBAD RACEWAY, ACCORDING TO MAP THEREOF NO. 15013, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON MAY 3, 2005. PREA -10/31/87W 8133SCHEDULE B Page 1 Order No: 53010069 U13 YourRef: CARLSBAD RACEWAY, LOTS 26,27,28 At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in the policy form designated on the face page of this Report would be as follows: A 1. PROPERTY TAXES, INCLUDING ANY ASSESSMENTS COLLECTED WITH TAXES, TO BE LEVIED FOR THE FISCAL YEAR 2005-2006 THAT ARE A LIEN NOT YET 'DUE. a 2. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA. BL 3. INTENTIONALLY OMITTED. D 4. INTENTIONALLY OMITTED. 5. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: SAN DIEGO GAS & ELECTRIC COMPANY PURPOSE: PUBLIC UTILITIES, INGRESS AND EGRESS RECORDED: OCTOBER 11, 1940 IN BOOK 1085, PAGE 71, OFFICIAL RECORDS AFFECTS: LOTS 27 AND 28 F 6. INTENTIONALLY OMITTED. Btf 1. INTENTIONALLY OMITTED-. BH 8. INTENTIONALLY OMITTED. L 9. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: SAN DIEGO GAS & ELECTRIC. COMPANY PURPOSE: PUBLIC UTILITIES, INGRESS AND EGRESS RECORDED: AUGUST 27, 1964 AS FILE NO. 156620, OFFICIAL RECORDS M AFFECTS LOT 28 so 10. INTENTIONALLY OMITTED. BP 11. INTENTIONALLY OMITTED. PREB -10/31 /87bK 8134SCHEDULE BPa&e 2 (continued) Order No: 53010069 U13 YourRef: CARLSBAD RACEWAY, LOTS 26,27,28 so 12. INTENTIONALLY OMITTED. BR 13. INTENTIONALLY OMITTED. v 14. AN AGREEMENT, AND THE TERMS AND CONDITIONS AS CONTAINED THEREIN DATED: JANUARY 16, 1974 BY AND BETWEEN: RUBEL INVESTMENT COMPANY, SANDRU INVESTMENT COMPANY, BELSAN INVESTMENT COMPANY AND THE CITY OF CARLSBAD RECORDED: OCTOBER 25, 1974 AS PILE NO. 74-284934 OF OFFICIAL RECORDS REGARDING: FUTURE IMPROVEMENT REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. H 15. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: SAN DIEGO GAS & ELECTRIC COMPANY PURPOSE: PUBLIC UTILITIES, INGRESS AND EGRESS RECORDED: AUGUST 16, 1977 AS FILE NO. 77-333570, OFFICIAL RECORDS x THE EXACT LOCATION AND EXTENT OF SAID EASEMENT IS NOT DISCLOSED OF RECORD. r 16. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: JANICE LEE COLLINS, FORMERLY JANICE L. THIBODO PURPOSE: ROAD AND PUBLIC UTILITY PURPOSES AND INCIDENTAL PURPOSES RECORDED: FEBRUARY 27, 1978 AS FILE NO. 78-076054 AND AS FILE NO. 78-076055, OFFICIAL RECORDS z SAID INSTRUMENT ADDITIONALLY CONTAINS THE PRIVILEGE AND RIGHT TO EXTEND DRAINAGE STRUCTURES AND EXCAVATION AND EMBANKMENT SLOPES BEYOND THE LIMITS OF THE ABOVE DESCRIBED RIGHT OF WAY WHERE REQUIRED FOR THE CONSTRUCTION AND MAINTENANCE THEREOF. AFFECTS LOT 26 M 17. THE TERMS, CONDITIONS AND EASEMENTS, IF ANY, SET FORTH IN A ROAD MAINTENANCE AGREEMENT, RECORDED FEBRUARY 27, 1978 AS FILE NO. 78-076066 OF OFFICIAL RECORDS. AB 18. AN AGREEMENT, AND THE TERMS AND CONDITIONS AS CONTAINED THEREIN DATED: FEBRUARY 2, 1982 PHELIMBC-8/23/93bk 8135 SCHEDULE BPase 3 (continued) Order No: 53010069 U13 YourRef: CARLSBAD RACEWAY, LOTS 26,27,28 BY AND BETWEEN: SANDRU, RUBEL AND BELSAN INVESTMENT CORPORATIONS, THREE CORPORATIONS AND THE CITY OF CARLSBAD RECORDED: FEBRUARY 16, 1982 AS FILE NO. 82-041594 OF OFFICIAL RECORDS REGARDING: PAYMENT OF A PUBLIC FACILITIES FEE REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. AC 19. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: THE CITY OF VISTA PURPOSE: SEWER LIFT STATION AND SEWER PIPE LINES, MAINS, MANHOLES, SEWER LATERAL PIPES AND PIPE LINES AND INCIDENTAL PURPOSES RECORDED: OCTOBER 2, 1986 AS FILE NO. 86-441910, OFFICIAL RECORDS AD AFFECTS LOT 27 AS 20. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: THE CITY OF VISTA PURPOSE: PIPES AND SEWER PIPE LINES, MAINS, MANHOLES, SEWER LATERAL PIPES AND PIPE LINES AND INCIDENTAL PURPOSES RECORDED: OCTOBER 2, 1986 AS FILE NO. 86-441919, OFFICIAL RECORDS AF AFFECTS LOT 27 AC 21. INTENTIONALLY OMITTED. AH 22. AN EASEMENT FOR THE. PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: SAN DIEGO GAS & ELECTRIC COMPANY PURPOSE: POLES, WIRES, CABLES AND APPURTENANCES FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY RECORDED: AUGUST 2, 1989 AS FILE NO. 89-409482, OFFICIAL RECORDS AFFECTS: LOT 26 Al 23. INTENTIONALLY OMITTED. PflSLJMBC-9/23/93bk 8136 SCHEDULE BPs«e 4 (continued) OrderNo: 53010069 U13 YourRef: CARLSBAD RACEWAY, LOTS 26,27,28 AJ 24. A PENDING ASSESSMENT FOR THE DISTRICT SHOWN BELOW. WHEN NOTICE OF THE ASSESSMENT IS RECORDED WITH THE COUNTY RECORDER THE ASSESSMENT SHALL BECOME A LIEN ON SAID LAND. DISTRICT: ASSESSMENT DISTRICT NO. 86-1 RACEWAY BASIN DISCLOSED BY: ASSESSMENT DISTRICT DIAGRAM AMENDED RECORDED: DECEMBER 9, 1994 AS FILE NO. 1994-0705321 OF OFFICIAL RECORDS 25. A PENDING ASSESSMENT FOR THE DISTRICT SHOWN BELOW. WHEN NOTICE OF THE ASSESSMENT IS RECORDED WITH THE COUNTY RECORDER THE ASSESSMENT SHALL BECOME A LIEN ON SAID LAND. DISTRICT: BOUNDARY MAP ANNEXATION NO. 02/03-03 COMMUNITY FACILITIES DISTRICT NO. 1 CITY OF CARLSBAD, COUNTY OF SAN DIEGO DISCLOSED BY: ASSESSMENT DISTRICT BOUNDARY RECORDED: MARCH 14, 2003 AS FILE NO. 2003-0289326 OF OFFICIAL RECORDS At AMENDMENT TO THE NOTICE OF SPECIAL TAX LIEN (NOTICE OF ANNEXATION) WAS RECORDED MARCH 14, 2003 AS FILE NO. 2003-0289329 OF OFFICIAL RECORDS. AW 26. A DOCUMENT ENTITLED "RECIPROCAL EASEMENT AGREEMENT", DATED JUNE 6, 2003, EXECUTED BY LSOF CARLSBAD LAND L.P., A TEXAS LIMITED PARTNERSHIP AND J.E. ADAMS, INC., A CALIFORNIA CORPORATION, SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED JUNE 13, 2003 AS FILE NO. 2003-0701717 OF OFFICIAL RECORDS. AH 27. A DOCUMENT ENTITLED "RECIPROCAL EASEMENT AGREEMENT", DATED JULY 23, 2003, EXECUTED BY LSOF CARLSBAD LAND L.P., A TEXAS LIMITED PARTNERSHIP AND PALOMAR FORUM ASSOCIATES, L.P., A CALIFORNIA LIMITED PARTNERSHIP, SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED JULY 24, 2003 AS FILE NO. 2003-0884893 OF OFFICIAL RECORDS. AO 28. NOTICE OF RESTRICTION ON REAL PROPERTY WAS RECORDED FEBRUARY 11, 2004 AS FILE NO. 2004-0109894 OF OFFICIAL RECORDS. AP REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. AQ 29. A DOCUMENT ENTITLED "NOTICE AND WAIVER CONCERNING PROXIMITY OF THE PLANNED OR EXISTING PALOMAR AIRPORT ROAD AND MELROSE DRIVE TRANSPORTATION CORRIDOR(S) COASE NO: CT 98-10", EXECUTED BY LSOF CARLSBAD LAND, L.P., A TEXAS LIMITED PARTNERSHIP AND THE CITY OF CARLSBAD, SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED FEBRUARY 11, 2004 AS FILE NO. 2004-0109898 OF OFFICIAL RECORDS. PREUMBC-9/23/93bk SCHEDULE B ***5 (continued) OrderNo: 53010069 013 YourRef: CARLSBAD RACEWAY, LOTS 26,27,28 AS 30. A DOCUMENT ENTITLED "HOLD HARMLESS AGREEMENT DRAINAGE", EXECUTED BY LSOF CARLSBAD LAND LIMITED PARTNERSHIP, A TEXAS LIMITED PARTNERSHIP AND THE CITY OF CARLSBAD, SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED MAY 27, 2004 AS FILE NO. 2004-0494021 OF OFFICIAL RECORDS. AS 31. A DOCUMENT ENTITLED "HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE", EXECUTED BY LSOF CARLSBAD LAND L.P., A TEXAS LIMITED PARTNERSHIP AND THE CITY OF CARLSBAD, SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED MAY 27, 2004 AS FILE NO. 2004-0494124 OF OFFICIAL RECORDS. AT 32. INTENTIONALLY OMITTED. AU 33. INTENTIONALLY OMITTED. BJ 34. INTENTIONALLY OMITTED. AW 35. INTENTIONALLY OMITTED. AX 36. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: CITY OF VISTA PURPOSE: SEWER LINES AND INCIDENTAL PURPOSES RECORDED: DECEMBER 9, 2004 AS FILE NO. 2004-1160412 OF OFFICIAL RECORDS AFFECTS: LOT 27 AY 37. INTENTIONALLY OMITTED. AZ 38. A DOCUMENT ENTITLED "HOLD HARMLESS AGREEMENT DRAINAGE", DATED OCTOBER 19, 2004, EXECUTED BY CITY OF CARLSBAD AND FENTON RACEWAY, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED JANUARY 21, 2005, AS DOCUMENT NO. 2005-0054704, OFFICIAL RECORDS. BA 39. A DOCUMENT ENTITLED "HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE", DATED OCTOBER 19, 2004, EXECUTED BY CITY OF CARLSBAD AND FENTON RACEWAY, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, SUBJECT TO ALL THE TERMS, PROVISIONS PRELIMSO-9/23/93bk SCHEDULE BPase 6 (continued) 8138 Order No: 53010069 U13 YourRef: CARLSBAD RACEWAY, LOTS 26,27,28 AND CONDITIONS THEREIN CONTAINED, RECORDED JANUARY 21, 2005, AS DOCUMENT NO. 2005-0054705, OFFICIAL RECORDS. SB 40. RIGHTS OF PARTIES IN POSSESSION OF SAID LAND. MATTERS AFFECTING THE RIGHTS OF SAID PARTIES ARE NOT SHOWN HEREIN. BC 41. MATTERS WHICH MAY BE DISCLOSED BY AN INSPECTION OR SURVEY OF SAID LAND OR BY INQUIRY OF THE PARTIES IN POSSESSION THEREOF. BK 42. A MEMORANDUM OF PURCHASE RIGHTS MADE APRIL 1, 2005, BETWEEN FENTON RACEWAY LLC, A CALIFORNIA LIMITED LIABILITY COMPANY ("SELLER") AND OPUS WEST CORPORATION, A MINNESOTA CORPORATION ("BUYER"), SUBJECT TO THE TERMS AS CONTAINED THEREIN RECORDED APRIL 4, 2005 AS FILE NO. 2005-0269515. as 43. A DOCUMENT ENTITLED "WAIVER AND CONSENT TO CREATION OF A COMMUNITY FACILITIES DISTRICT AND AGREEMENT TO PAY FAIR SHARE COST OF CT 98-10", DATED DECEMBER 2, 2004 EXECUTED BY AND BETWEEN THE CITY OF CARLSBAD AND FENTON RACEWAY LLC, SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED MAY 3, 2005 AS FILE NO. 2005-0371021, OFFICIAL RECORDS. BT 44. THE FACT THAT THE OWNERSHIP OF SAID LAND DOES NOT INCLUDE RIGHTS OF ACCESS TO OR FROM THE STREET OR HIGHWAY ABUTTING SAID LAND, SUCH RIGHTS HAVING BEEN RELINQUISHED BY THE MAP OF SAID TRACT. AFFECTS: LOT 26, ADJACENT TO MELROSE DRIVE; LOT 27, ADJACENT TO MELROSE DRIVE AND LIONSHEAD AVENUE AND LOR 28, ADJACENT TO LIONSHEAD AVENUE 45. EASEMENTS FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SHOWN OR AS OFFERED FOR DEDICATION ON THE RECORDED MAP SHOWN BELOW. MAP NO: 15013 EASEMENT PURPOSE: OPEN SPACE AFFECTS: LOTS 26, 27 AND 28 EASEMENT PURPOSE: PRIVATE STORM DRAIN AFFECTS: LOT 26 EASEMENT PURPOSE: STORM DRAIN AFFECTS: LOT 27 EASEMENT PHEUMBC-9/23/93bk 8139 SCHEDULE B7 (continued) OrderNo: 53010069 U13 YourRcf: CARLSBAD RACEWAY, LOTS 26,27,28 PURPOSE: PRIVATE DRAINAGE AFFECTS: LOT 27 EASEMENT PURPOSE: SIGHT DISTANCE CORRIDOR AFFECTS: LOT 27 av 46. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: SAN DIEGO GAS AND ELECTRIC COMPANY PURPOSE: PUBLIC UTILITIES, INGRESS AND EGRESS RECORDED: AUGUST 29, 2005 AS FILE NO. 2005-0741196, OFFICIAL RECORDS AFFECTS: LOT 27 47. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: SAN DIEGO GAS AND ELECTRIC COMPANY PURPOSE: PUBLIC UTILITIES, INGRESS AND EGRESS RECORDED: SEPTEMBER 7, 2005 AS FILE NO. 2005-0774506, OFFICIAL RECORDS AFFECTS: LOT 27 BD END OF SCHEDULE B BE NOTE NO. 1: YOUR OPEN ORDER REQUEST INDICATES THAT A LIMITED LIABILITY COMPANY WILL BE ACQUIRING, ENCUMBERING OR CONVEYING REAL PROPERTY IN YOUR TRANSACTION. UNDER THE PROVISIONS OF "THE CALIFORNIA LIMITED LIABILITY ACT, EFFECTIVE SEPTEMBER 30, 1994" THE FOLLOWING WILL BE REQUIRED: 1. A COPY OF THE ARTICLES OF ORGANIZATION (AND ALL AMENDMENTS, IF ANY) THAT HAS BEEN FILED WITH THE SECRETARY OF STATE. 2. THE REQUIREMENT THAT THIS COMPANY BE PROVIDED WITH A COPY OF THE OPERATING AGREEMENT. THE COPY PROVIDED MUST BE CERTIFIED BY THE APPROPRIATE MANAGER OR MEMBER THAT IT IS A COPY OF THE CURRENT OPERATING AGREEMENT. 3. IF THE LIMITED LIABILITY COMPANY IS MEMBER-MANAGED THEN THIS COMPANY MUST BE PROVIDED WITH A CURRENT LIST OF THE MEMBER NAMES. FENTON RACEWAY, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY BH AS PREUMBC-9/M/83t* 8140 EXHIBIT "E" Natural Condition Depiction (Attached hereto) Exhibit "E" 8141 LEGEND PROPERTY LINE NON-WETLANDS WATERS OF THE U.S. WETLAND TYPES SOUTHERN WILLOW SCRUB FRESHWATER MARSH MULEFAT SCRUB. SWS FWM MFS £45/5 OF BEARINGS THE BASIS OF BEARINGS FOR THIS MAP IS THE SOUTHERL Y LINE OF PARCEL MAP No. 15250, I.E. N 89'45'58" W. LEGAL DESCRIPTION PORTIONS OF LOT 26, 27, AND 28 OF MAP No. 15013. CITY OF _ OCEANSIDE HIGHWAYi ait- BUSINESS PARK DR. CONSULT N T S 2710 Loker Avenue West Suite 100 Carlsbad. California 92010 760-931-7700 Fax: 760-931-8680 www odayconsultants.com Civil Engineering Planning Processing Surveying SITE PACIFIC OCEAN CITY OF ENCINITAS VICINITY MAP NO SCALE APPLICANT EXHIBIT "E' FENTON RACEWAY LLC 7588 METROPOLITAN DRIVE SAN DIEGO, CA 92108 PH. (619) 400-0134 TIMOTHY 0. CARROLL LS. 7700 EXP. 12/31/08 SHT. / OF 6 SHT. A.P.N. 221-880-14,15 221-881-13 l:\971035\Exhibits\WatersUS\WatersUS_Plotdwg Jul 07, 2008 12:37pm Xrefs: 9735VIC; 9735AMAP; HE050204; 9735AGRD 8142 EASEMENT TABLE No. * ** * 1 2 3 4 8 9 10 13 14 15 16 17 18 19 22 A PURPOSE AERIAL & UNDERGROUND PUBLIC UTILITIES INGRESS, EGRESS, AND UTILITY AERIAL & UNDERGROUND PUBLIC UTILITIES AERIAL & UNDERGROUND PUBLIC UTILITIES AERIAL & UNDERGROUND PUBLIC UTILITIES AERIAL & UNDERGROUND PUBLIC UTILITIES ROAD & PUBLIC UTILITY TOGETHER WITH RIGHT TO EXTEND DRAINAGE STRUCTURES AND SLOPES BEYOND RIGHT-OF-WAY SEWER LIFT STATION AND SEWER PIPELINES SEWER PIPELINES STORM DRAIN PIPES AND LINES AERIAL & UNDERGROUND PUBLIC UTILITIES SLOPE AND CONSTRUCT/ON SEWER PIPELINES & ACCESS ROADS PUBLIC WATERLINE SEWER ACCESS DRAINAGE EASEMENT OWNER S.D.G.&E. IDA DAWSON S.D.G.&E. S.D.G.&E S.D.G.&E. S.D.G.&E. JANICE LEE COLLINS, ETAL CITY OF VISTA CITY OF VISTA CITY OF VISTA S.D.G.&E. CITY OF CARLSBAD CITY OF VISTA C.M.W.D. CITY OF VISTA CITY OF CARLSBAD REFERENCE BOOK 1085, PAGE 71 BOOK 7586, PAGE 133 FILE/PAGE No. 156597 FILE/PAGE No. 156617 FILE/PAGE No. 39752 FILE/PAGE No. 39756 FILE/PAGE No. 78-076054 FILE/PAGE No. 86-441910 FILE/PAGE No. 86-441919 FILE/PAGE No. 87-609285 FILE/PAGE No. 89-409482 FILE/PAGE No. 1992-0211311 FILE/PAGE No. 2004-1160412 FILE/PAGE No. 2004-1160413 FILE/PAGE No. 2004-0785746 DOC. 2004-01160413 MAP No. 15013 * NOTE: *** NOTE: EXACT LOCATION OF EASEMENT INDETERMINATE PER SAID INSTRUMENT. APPROXIMA TE LOCA TION SHOWN. EASEMENT TO BE ABANDONED BY SEPARATE DOCUMENT AFTER SEWER MAIN RELOCATION COMPLETE. EASEMENTS PER PRELIMINARY TITLE REPORT DATED OCTOBER 7, 2004 BY FIRST AMERICAN TITLE INSURANCE COMPANY, ORDER NO. DIV-985095. C 0 N S U L T T S 2710 Loker Avenue West Suite 100 Carlsbad, California 92010 760-931-7700 Fax: 760-931-8680 www.odoyconsultants.com Civil Engineering Planning Processing Surveying <*> LAN° &- .j$™»$& NO. 7700 ,*\ EXP. 12/31/08 / + , ^V ^fry APPLICANT EXHIBIT "E' FENTON RACEWAY LLC 7588 METROPOLITAN DRIVE SAN DIEGO, CA 92108 PH. (619) 400-0134 TIMOTHY 0. CARROLL LS. 7700 EXP. 12/31/08 SHT. 2 OF 6 SHT. A.P.N. 221-880-14,15 221-881-13 l:\971035\Exhibits\WotersUS\WatersUS_Plat.dwg Jul 07, 2008 12:37pm Xrefs: 9735VIC; 9735AMAP; HE050204; 9735AGRD 8143 PARCEL A PM 15493 OPEN SPAC£ •PUBLIC TRAIL EASEMENT PER MAP 15013 2710 Loker Avenue West Suite 100 Carlsbad, California 92010 760-931-7700 Fax: 760-931-8680 www.odayconsultants.com SHT. 3 OF 6 SHT.APPLICANT FENTON RACEWAY LLC 7588 METROPOLITAN DRIVE SAN DIEGO, CA 92108 TIMOTHY 0. CARROLL L.S. 7700 EXP.12/31/08 221-880-14,15 221-881-13PH. (619) 400-0134 l:\971035\Exhibits\WatersUS\WatersllS_Plat.dwg Jul 07, 2008 12:55pm Xrefs: 9735VIC; 9735AMAP; HE050204; 9735AGRD 8144 PARCEL A OF PM 16493 cirv or visrA OPEN PCL 'B-3///OPEN SPACE PARCEL B. ^•PRIVATE STORM DRAIN EASEMENT STORM DRAIN 1 EASEMENT , PER MAP I PRIVATE STORM DRAIN EASEMENT PRIVATE DRAINAGE EASEMENT I r at, 99-08 2710 Loker Avenue West Suite 100 Carlsbad, California 92010 760-931-7700 Fax: 760-931-8680 www.odayconsultants.com SHT. 4 OF 6 SHT.APPLICANT FENTON RACEWAY LLC 7588 METROPOLITAN DRIVE SAN DIEGO, CA 92108 PH. (619) 400-0134 TIMOTHY 0. CARROLL LS. 7700 EXP.12/31/08 221-880-14,15 221-881-13 l:\971035\Exhibits\WatersUS\WatersUS_Plat.dwg Jul 07, 2008 12:55pm Xrefs: 9735VIC; 9735AMAP; HE050204; 9735AGRD 8145 PAF1CZL C PM 15493cirv or VJSTA 27 ~y/ OPEN SPACE ''///////, PARCEL PCL 'B-6'-^~- PCL B-5' ^ 2710 Loker Avenue West Suite 100 Carlsbad, California 92010 760-931 -7700 Fax: 760-931-6680 www.odayconsultonts.com SHT. 5 OF 6 SHTAPPLICANT FENTON RACEWAY LLC 7588 METROPOLITAN DRIVE SAN DIEGO, CA 92108 PH. (619) 400-0134 TIMOTHY 0. CARROLL LS. 7700 EXP.12/31/08 221-880-14,15 221-881-13 l:\971035\Exhibits\WatersUS\WatersUS_Plat.dwg Jul 07. 2008 12:56pm Xrefs: 9735VIC; 9735AMAP; HE050204; 9735AGRD 8146 PAF1CZL B 15250 ar, 99-06 o CON S ULTA^N TS 2710 Loker Avenue West Suite 100 Carlsbad, California 92010 760-931-7700 Fax: 760-931-8680 www.odayconsultonts.com Civil Engineering Planning Processing Surveying APPLICANT FENTON RACEWAY LLC 7588 METROPOLITAN DRIVE SAN DIEGO, CA 92108 PH. (619) 400-0134 NO SCALE EXHIBIT TIMOTHY 0. CARROLL LS. 7700 EXP. 12/31/08 SHT. 6 OF 6 SHT. A.P.N. 221-880-14,15 221-881-13 l:\971035\Exhibits\WatersUS\WotersUS_Plat.dwg Jul 07, 2008 12:56pm Xrefs: 9735VIC; 9735AMAP; HE050204; 9735AGRD 8147 CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the CONSERVATION EASEMENT dated March 5. 2007. from Fenton Raceway. LLC. to the City of Carlsbad, California, a municipal corporation, is hereby accepted by the City Council of the City of Carlsbad, California, pursuant to Ordinance No. NS-422, adopted on September 16,1997, and the grantee consents to the recordation thereof by its duly authorized officer. DATED: August 5. 2008 SHERRY FREISINGER, Deputy Clerk / ^ (SEAL)