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HomeMy WebLinkAboutPD 305; T.I.L. LTD.; 89-134806; Easementr. eA , RECORDING REQUESTED BY ?, '$ r'e\ 65 3 9 I 3 og !,! :, i " "9- 't' city ClZrk, l;ity of Carl ,Dad 1200 Elm Avenue .......... ... - ........... : . " -: .-.-.:-. i Carlsbad, Calif. 92008 __ ............... . . -. "" .. . ._ - : .- : __i: 1 :. i i. - .. - ..-.:- i;" - .. ....... ;.-. _i >'. i ...... .j ..~~.., : ...... __. .... .-: ":-: : i.r.- .- i ................... . .- .." . ... " AND WHEN RECORDED MAIL TO r City Clerk 1 City. of Carlsbad 1200 Elm Avenue 3me reet Carlsbad, Calif. 92008 ddress p+n $3z- f :- $&& tg, e" Q,;$y; j fJ $gj;j* ,$J > .-..- I 1 *, j" _i . : 1 *=* - r =.. r .=: 5- - ;.,T :- t f j ; e*<i? i,.,a:Tz :zi ; ..> ~ :- :.::>,!;rJg2Ea - .. ;- ity 81 :ate L _II r- MAIL TAX STATEMENTS TO ame :reet ddress tv 84 ate L J Nb FI I Partnership Grant Deed SPACE ABOVE THIS LINE FOR RECORDER'S USE "" CAT. NO. NN00586 TC) 1925 CA (11-83) THIS FORM FURNISHED BY TICOR TITLE INSURERS -4 PD - 305 The undersigned grantor(s) declare(s): ou& A.P. NO. 203-174-06 E 07 ;i : ( ) computed on full value of property conveyed, or - Documentary transfer tax is - 0 - k ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: ( X ) City of Carlsbad , and 7 FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, T. I. L. LTD. a Limited partnership organized under the laws of the State of California - hereby GRANTS to the City of Carlsbad, a Municipal Corporation, easements for roadway, water lines and general utilities purposes, over, across and under - the following described real property in the City of Ca rlsbad County of San Diego , State of California. See Exhibit "A" for legal description of the easement for roadway and general utilities purposes all as shown on Exhibit IIB" attached hereto and incorporated by this reference. See Exhibits "C" and "D" for legal description of the easements for water lines purposes all as shown on Exhibits ''E" and 'IF'' attached hereto and incorporated by this reference. - .. Dated: August 15, 1988 COUNTY OF San Diego 1 =- T.I.L., LTD. STATE OF CALIFORNIA \\, .?", %"/lfZ On AIIoLlct 1SAW88 .I berore by "-__. By - A 2 -,L I.> a- I -A- 'k < Partne Panne - - "- ." i me, the undersipned, a Notary Public in and for said -~ I St?:te, pciSu4iy appcanr2 ' Robei t BAJrke ! I and David L. Harshbaraer // // personally known to me or proved to me on the basis I of satisfactory evidence to be the personA who exe- axed the within instrument as tWQ of tk partners of the partnership that execated the within instrument, and acknowledged to me that such FATI?!CIA R FI.ETTER NOTAGY PUSLIC - CALIFORN!A s'yj DyC? CSgrJTy nd official seal. (This area for official notarial seal) I ~~~ ~ ~~~ I Title Order No. Escrow 01' Loan NO. ." 4- . 0 ri I 66 0 e EXHIBIT "A" LEGAL DESCRIPTION That portion of land lying within Tract 96 of Carlsbad Larids,. in the City of Carlsbad, in the County of San Diego, * State of California, according to Map thereof No. 1661, filed in the Office of the County Recorder of San Diego County, March 1, 1915, beiny described as follows: Beginning at the northeasterly most corner of said Tract 96; thence, soutllwesterly along the northwesterly line of said tract, South 55°30'20" West, a distance of 33-00 feet to the beginning of a tangent 25.00-foot radius curve, concave southwesterly; thence, northeasterly along the arc of said curve, through a central angle of 89"59'5911, a distance of 39.27 feet, to a point of tangency, that is parallel and 8.00 feet westerly of the northeasterly line of said Tract 96; thence, South 34"29'41" East, a distance of 348.11 feet, to the beginning of a tangent 25.00-foot radius curve, concave northwesterly; thence, southerly and southwesterly along the arc of said curve, through a central angle of 89"58'201', a distance of 39.26 feet, to a point of tangency, that is parallel and 2.00 feet northwesterly of the northerly right-of-way of Elm Street as shown on Record of Survey Map 9536, recorded December 30, 1983, in the County Recorder's Office of San Diego County; thence, South 55"28'3911 West, a distance of 359.16 feet, to'the beginning of a non-tangent 28.00- foot radius curve concave southerly, a radial bearing to said point bears North 51"22'23'' East; thence northerly and westerly along said curve through a central angle of 83'52'27" an arc length of 40.99 feet to a point that is non-tangent, a radial bearing to said point bears North 32°29t3411 West; thence along a line that is parallel and 1.00 foot northeasterly of the easterly right-of-way of Carlsbad Boulevard as shown on said Record of Survey; thence, North 34°32'221' West, a distance of 222.33 feet, to a point along the southeasterly most line of property described in deed to Edward G. Kentner recorded December 7, 1976, as File Page No. 76-409150 of Official Records; thence, southwesterly along said Kentner Line South 55"27'3811 West, a distance of 1.00 feet to an intersection with said easterly right-of-way of Carlsbad Boulevard; thence, along said right-of- way, South 34"32'2211 East, a distance of 250.31 feet to an intersection with the northerly right-of-way of Elm Avenue; thence, along said right-of-way, North 55"28'3911 East, a distance of 420.07 feet, to an intersection with the westerly right-of-way of Washington Street: thence, along said right-of-way, North 34°29'4111 West, a distance of 400.09 feet to the POINT OF BEGINNING. .' I . . v: '5 ti 'r' w ', I EASEMENT PLAT F~WIT "B" DEDICATION TO CITY OF CARLSBAD RP 87-11 ECT Ioc PE 2-88-11) land planning, civil engineering, surveying Isto) 941-l861 *: . I. , , :* L .. ., 0 btS EXH I BIT "C" 0 -GAL DESCRIPTION A 27.00-foot wide easement over, under, along and across that portion of Tract 96 of Carlsbad Lands in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1661, filed in the Office of the County Recorder of San Diego County, March 1, 1915, the centerline being more particularly described as follows: Beginning at the centerline intersection of Carlsbad Boulevard and Grand Avenue, as shown on Record of Survey Map No. 9536, recorded December 30, 1983; thence, northeasterly along the centerline of said Grand Avenue, North 55"30'20" East (Record: North 55"3O'2Ott East, Record of Survey 9536) , a distance of 169.00 feet, to the TRUE POINT OF BEGINNING; thence, perpendicular to said centerline, South 34"29'40" East, a distance of 114.50 feet. Excepting all that portion lying within Grand Avenue, as shown on said Record of Survey 9536. .. i v .$\ \ 1 -I "'r 4" .. ., I 0 EXHIBIT 11~11 r\ 63 0 1- LEGAL DESCRIPTION A 15-fOOt wide easement over, under, along, and across that portion of Tract. 96 of Carlsbad Lands in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1661, filed in the Office of the County Recorder of San Diego .County, March 1, 1915, the centerline being. more particularly described as follows: Beginning at the centerline intersection of Carlsbad Boulevard and Elm Avenue, as shown on Record of Survey Map No. 9536, recorded December 30, 1983; thence, northeasterly along the centerline of said Elm Avenue, North 55"28'3911 East (Record: North 55°30'0011 East, Record of Survey 9536) , a distance of 295.04 feet, to the TRUE POINT OF BEGINNING; thence, perpendicular to said centerline, ' North 34°31t2111 West, a distance of 50.00 feet. .. Excepting all that portion lying within Elm Avenue, as-shown on said Record of Survey 9536. . *.. . I $! ~- "- 1. I' \J "" ., e .) r; 72 0 CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the deed or grant dated August 15, 1988 from to the City of Carlsbad, California, a municipal corporation, T.I.L., LTD. ____-_----_____---_________________________- is hereby accepted by the City Council of the City of Carlsbad, California pursuant to resolution No. 88-384 , adopted on November 8, 1988 , and the grantee consents to the recordation thereof by its duly authorized officer. DATED: 11/9/88 a By : .&5d%BRn- ALETHA L. RAUTENKRANZ , Ci .. .? ; .. 73 !- :pJ 1348 ,. .' - .: .ci .. ...... "* o(, ......... . ........ .: .c= - - = ~. .... ..... ii".. i ...".. . ... ~.. ..... --..-? f .< ... _=-. . ... :: ::*: j, ...?.. j - ". .: 5 : &:": .. :.I I:.;:." = " . .......... RECORDING REOUESTED BY AND 1 .. - .. ...... =. - .. ..:, .". ~ i ".. - : ~" .-_ .- . ." - WHEN RECORDED MAIL TO: j 1 pg.Eg i 5 g!!: 50 CITY OF CARLSBAD ) 1200 Elm Avenue 1 1,- " :- ; . -.<: F 3 Carl sbad, CA 92008 .""." - I"- = p"? ~.~-: 'I ",< . " .'. .- i - Ira " . .-": .i; :.., " f t L,.:s:z 1 i t;.-.-:i;3:af Space above this 1 ine for Recorder's use. NO fG SUBORDINATION AGREEMENT NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO AN ESTATE IN THE REAL PROPERTY TO WHICH YOUR SECURITY INSTRUMENT AlTACHES AND HAS THE POTENTIAL EFFECT OF REDUCING THE VALUE OF YOUR SECURITY INTEREST. THIS AGREEMENT, made this 15th day of Auqus-c 1988 by T.I.L. Ltd. and T.I.O. Ltd., California Limited Partnerships own2r of the land hereinafter described and hereinafter referred to as "Owner," and City National Bank , present owner and holder of the deed of trust and not hereinafter described and "Beneficiary"; WITNESSETH THAT WHEREAS, T. I.L. Ltd. and T. 1.0. Ltd. did dated May 12, 1988 , to Safeco Title Insurance Company, a Cal i fornia CorDoration as trustee, covering real Drouerty described on Exhibit A, attached hereto, and incorDorated herein by this reference, to secure a note in tne sum Of ten mil 1 ion four hundred thousand dol lars and no cents ($10,400,000.00) dated Mav 17. 1988 , in favor of . Citv National \. <* 0 ,c a r;. - , 7 4 . .x - Bank recorded May 31. 1988 , as File No. 88-254950 of Offi - cia1 Records of said county; and WHEREAS, Owner has executed, or is about to execute, as grantor, a grant of EASEMENTS datedA,u@ust 15. 1988, in favor of the City of Carlsbad as grantee herein referred to as 'fEasement Grantee," creating ' the EASEMENTS more particularly described in EXHIBIT B attached hereto; and WHEREAS, it is a condition precedent to obtaining said EASEMENTS that said grant of EASEMENTS above mentioned shall unconditionally be and remain at all times a charge upon the land hereinbefore described, prior and superior to the lien of charge of the deed of trust above mentioned; and WHEREAS, Easement Grantee is willing to accept said EASEMENTS provided the grant of EASEMENTS is a charge upon the above described property prior and superior to the 1 ien or charge of the deed of trust above mentioned and provided that Beneficiary will specifically and unconditionally subordinate the lien or charge of the deed of trust above mentioned to the 1 ien or charge of the EASEMENTS created in favor of Easement Grantee; and WHEREAS, it is to the mutual benefit of the parties hereto that Easement Grantee accept said EASEMENTS and Beneficiary is willing that the grant of EASEMENTS shall, when recorded, constitute a charge upon said land which is unconditionally prior and superior to the lien or charge of the deed of trust above mentioned. NOW, THEREFORE, in consideration of the mutual benefits accruing to the parties hereto and other valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, and in order to induce Easement Grantee to accept said EASEMENTS above referred to, it is hereby declared, understood and agreed as follows: .* * e r; - .-, ,.I : 75 ,* ,. I .' . ., 0 1. That said EASEMENTS in favor of Easement Grantee shall unconditionally be and remain at all times a charge on the property therein described, prior and superior to the lien or charge of the deed of trust above mentioned . 2. That Easement Grantee would not accept said EASEMENTS above described without this subordination agreement. 3. That this agreement shall be the who1 e and only agreement with regard to the subordination of the lien or charge of the deed of trust above mentioned to the EASEMENTS in favor of Easement Grantee above referred to and shall supersede and cancel, but only insofar as would affect the priority between the deed of trust and EASEMENTS hereinbefore specifically described, any prior agreement as to such subordination including, but not limited, those pro- visions, if any, contained in the deed of trust above mentioned, which provide for the subordination of the lien or charge thereof to another interest in the real property therein descri bed. BENEFICIARY declares, agrees and acknowledges that: 1. He consents to and approved the grant of EASEMENTS in favor of the Easement Grantee. 2. He intentionally and unconditionally waives, relinquishes and subor- dinates the lien or charge of the deed of trust above mentioned to the EASEMENTS in favor of Easement Grantee above referred to and understands that in reliance upon, and in consideration of, this waiver, relinquishment and subordination of the grant of EASEMENTS is being executed and del ivered, the EASEMENTS is being created, ana that specific monetary and other obligations are being and will be entered into by the Easement Grantee, other lenders and title insurance companies which would not be made or entered into but for said reliance upon the waiver, relinquishment and subordination; and -.. e ri '76 , 'v ;: 0 e, . 2 ., .. 3. An endorsement has been placed upon the note secured by the deed of trust above mentioned that said deed of trust has by this instrument been subor- dinated to the charge of the EASEMENTS in favor of Easement Grantee above referred to. WNER TO THE EXECUTION OF THIS SUBORDINATION AGREEMENT, R ATTORNEYS WITH RESPECT THERETO. PARTNERSHIP ACKNOWLEDGMENT On this thel&hdayof &list 1988, before me, Countyof SAN DIEGO Patricia R. Fletter the undersigned Notary Public, personally appeared David L. Harshbarger and Robert 6. Burke , a personally known to me 0 proved to me on the basis of satisfactory evidence hCy comm. expires I?,% 7130 122 NATIONAL NOTARY ASSOCIATION 23012 Ventura Blvd. P.O. BOX 4625 Woodland Hills, C, CORPORATE ACKNOWLEDGMENT ~,----~.-,-,""-~~-~- _-.--- "~"~-,"--"""." ----- "" _- "_." ~ ""__"_ ~ .""- c "_""" "_^__ "."" r?, N( "-".-."""--i~ "" -""/"~-..""~--.--~. ."~- _._ _".. __ .___ "_"_ ___._"" ____ ____~ "_.__"."_""~" ~~. 1988, before mc ,, I '( :$I Stateof California On this the 17 day of August @ 6.: 6 Countyof - Aimee 1. Ziegler 8 E) :?> #! 1 ss. %7 the undersigned Notary Public, personally appeared ,\ ,\'I Q $4 .':I C>J $! <!) .y, 9 John D. M. Hayes - L personally known to me Z proved to me on the basis of satisfactory evidence 3 to be the person($ who executed the within instrument asViCe-PreS. $( of Ci tv National Bank "" L-.-L"IX-TiL- """_I :"IL": 8 $? 1 AIMEE L ZIEGLER 1 ~~ ~" . . .. . . - .. _. . - -.. .. UI UII U~II~II VI ~r~e curpurarlun rrlerell NOTARY PUBLIC - CALtFORNlA named, and acknowledged to me that the corporation executed it. %i $J b SdSN DEGO WQ' NOY 3, 13?2 3 "_ ? 9 ?: I/ \I [ - ATTENTION NOTARY Although the information requested below is OPTIONAL, it could prevent fraudulent attach& of this certificate to another document. b THIS CERTIFICATE Title or Type of Document $ MUST BE AnACHED ) TO THE DOCUMENT 8 DESCRIBED AT RIGHT: 8 Number of Pages Date of Document Signer(s) Other Than Named Above .712!, 122 .,I_ .e 34 0 r. , 77 ~, 0 EXHIBIT "A" ri .. .. .. PARCEL. i: ' c THE SOUTHWESTERLY 230..00 FEET - MEASU2ED ALONG TtlE SOUTHEASTERLY LINE - OF THE SOUTHEASTERLY 210.00 FEET - MEASURED ALONG THE SOUTHWESTERLY .LINE -. OF TRACT 96 OF CARLSBAD LANDS, IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1661, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 1, 1915. EXCEPTING TIIEREFROM THAT PORTION DESCRIBED IN DEED TO THE STATE OF CALIFORNIA, RECORDED OCTOBER 15, 1934 IN BOOK 334, PAGE 247 OF OFFICIAL RECORDS. EXCEPTING all right, title and interest in and to the buildings, structures and improvements and fixtures appurtenant thereto located on said land (which buildings, Btructures and improvements and fixtures shall be and remain real property), including. without limitation, buildings, swimming pools and recreational facilitiee, walkways and road improvements, carporta and other parking facilities improvements, fences and landscaping. RESERVING therefrom such eaaement or other rights which the owner of the improvementa severed from said land may have for the support'maintenance, use and accesa to and from said improvements; and for.utilities, appurtenances and incidental purposes. PARCEL 2: ALL THAT PORTION OF TRACT 96 OF CARLSBAD LANDS IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1661, FILED IN TtlE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 1, 1915 DESCRIBED AS FOLLOWS : BEGINNING AT A POINT IN THE SOUTHWESTERLY LINE OF SAID TRACT 96, EAST 70.00 FEET TO THE'MOST SOUTHERLY CORNER OF LAND DESCRIBED ' WfiICH IS 150 FEET SOUTH 34 DEGREES 33' EAST FROM THE MOST WESTERLY CORNCR OF SAID TRACT 96; THENCE NORTH 55 DEGREES 27' 1N;DEED TO F. C. BUTLER, ET AL, RECORDED OCTOBER 27, 1931, DOCUMENT NO. 53245 IN BOOK 62, PAGE 16 OF OFFICIAL RECORDS. THENCE ALONG THE SOUTHWESTERLY AND NORTHWESTERLY BOUNDARY OF SAID LAND NORTH 34 DEGREES 33' WEST 100.00 FEET; NORTH 55 DEGREES .27' EAST 30.00 FEET AND NORTH 34 DEGREES 33' WEST 50.00 FEET TO THE NORTHWEST LINE OF SAID TRACT 96; THENCE NORTH 55 DEGREES 27' EAST 340,OO FEET TO THE MOST NORTHERLY CORNER OF SAID TRACT; THENCE SOUTHEASTERLY ALONG THE NORTHEAST LINE THEREOF 400.00 FEET TO THE MOST EASTERLY CORNER OF SAID TRACT; THENCE SOUTHWESTERLY ALONG THE SOUTHEAST LINE OF SAID TRACT 210.00 FEET TO A POINT WHICH IS DISTANT NORTHEASTERLY 230.00 FEET FROM THE MOST SOUTHERLY CORNER OF SAID TRACT 96; THENCE PARALLEL WITH SAID SOUTHWESTERLY LINE OF TRACT 96 NORTH 34 DEGREES 33' WEST 210.00 FEET; THENCE SOUTH 55 DEGREES 27' WEST 230.00 FEET TO SAID SOUTflWESTERLY TRACT LINE; THENCE NGRTH 34 DEGREES 33' WEST 40.00 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION DESCRIBED IN DEED TO TIlE STATE OF CALIFORNIA, RECORDED OCTOBER 15, 1934 IN BOOK 334, PAGE 247 OF OFFICIAL RECORDS EXCEPTING all right, title and interest in and to the buildings, structures and improvementa and fixtures appurtenant thereto located on said land (which buildings, atructurea .and , improvements.and fixtures.shal1 be and remain real property), including, without limitation, buildings; swimming pools and recreational facilities, walkways and road improvementa, carporta and other parking facilities improvements, fences and landscaping. . -. ..- * 1u 0 PAGE I OF3 . .I .- .. -. ., EXHIBIT IIB1' LEGAL DESCRIPTION That portion of land lying within Tract 96 of Carlsbad Lakds, in the City of Carlsbad, in the County of San Diego, * State of California, according to Map thereof No. 1661, filed in the Office of the County Recorder of San Diego County, March 1, 1915, being described as follows: Beginning at the northeasterly most corner of said Tract 96; thence, southwesterly along the northwesterly line of said tract,. South 55°30'2011 West, a distance of 33.00 feet to the beginning of a tangent 25.00-foot radius curve, concave southwesterly; thence, northeasterly along the arc of said curve, through a central angle of 89°59'5911, a distance of 39.27 feet, to a point of tangency, that is parallel and 8.00 feet westerly of the northeasterly line of said Tract 96; thence, South 34'29'411f East, a distance of 348.11 feet, to the beginning of a tangent 25.00-foot radius curve, concave northwesterly; thence, southerly and southwesterly along the arc of said curve, through a central angle of 89'58'2O9I, a distance of 39.26 feet, to a point of tangency, that is parallel and 2.00 feet northwesterly of the northerly right-of-way of Elm Street as shown on Record of Survey Map 9536, recorded December 30, 1983, in the County Recorder's Office of San Diego County: thence, South 55'28t391t West, a distance of 359.16'feet, to'the beginning of a non-tangent 28.00- foot radius curve concave southerly, a radial bearing to said point bears North 51°22'2311 East; thence northerly and westerly along said curve through a central angle of 83°52'27t1 an arc length of 40.99 feet to a point that is non-tangent, a radial bearing to said point bears North 32"29'34It West; thence along a line that is parallel and 1.00 foot northeasterly of the easterly right-of-way of Carlsbad Boulevard as shown on said Record of Survey; thence, North 34"32'22" West, a distance of 222.33 feet, to a point along the southeasterly most line of property described in deed to Edward G. Kentner recorded December 7, 1976, as File Page No. 76-409150 of Official Records; thence, southwesterly along said Kentner Line South 55'27'3811 West, a distance. of 1.00 feet to an intersection with said easterly right-of-way of Carlsbad Boulevard; thence, along said right-of- way, South 34'32f2211 East, a distance of 250.31 feet to an intersection with the northerly right-of-way of Elm Avenue; thence, along said right-of-way, North 55"28'3911 East, a distance of 420.07 feet, to an intersection with the westerly right-of-way of Washington Street; thence, along said right-of-way, North 34'29'41" West, a distance of 400.09 feet to the POINT OF BEGINNING. fl i x: - -c u :- r\ 7'3 NOT TO SCALE "" " I 89'59'59'' A= 8O06;6*2OM R- 26.00' L - 39.S' RECORD c7F sU?V€Y 9536 TRL4cT % CARLSSAO LANDS MAP /-I S. E'LY L fNE KENTMERQ MD CARLSSD EASEMENT PLAT EXWW "8" DEDICATION To CITY OF CARLSBAD RP 87-11 (PROJECT 4k PE 2-88-11) -- *.. .~ .I .. * 0 \, 850 0 PAbG 2 OF 3 EXHIBIT W' LEGAL DESCRIPTION A 15-fOOt wide easement over, under, along, and across that portion of Tract. 96 of Carlsbad Lands in the City of Car'lsbad, County of San Diego, State of California, according to Map thereof No. 1661, filed in the Office of the County Recorder of San Diego County, March 1, 1915, the centerline being more particularly described as follows: Beginning at the centerline intersection of Carlsbad Boulevard and Elm Avenue, as shown on Record of Survey Map No, 9536, recorded December 30, 1983; thence, northeasterly along the centerline of said Elm Avenue, North 55°28'39tt East (Record: North 55"30'0011 East, Record of Survey 9536), a distance of 295.04 feet, to the TRUE POINT OF BEGINNING; thence, perpendicular to said centerline, North 34"31'2111 West, a distance of 50.00 feet. Excepting all that portion lying within Elm Avenue, as shown on said Record of Survey 9536. C. , . .. ii ti 1. 01 , fb .I -, f m -"" " C RECORD: N65' 30 '00 "& "~ ". ..~ " _" ~ "". " ,.l * ..- * r. , 82 0 PAbE 3 OF3 v . 8- ., I, .. *' EXCI ID IT "B" LF.GAL DESCRIPTION A 27.00-foot wide easement over, under, along and across that portion of Tract 96 of Carlsbad Lands in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1661, filed in the Office of the County Recorder of San Diego County, March 1, 1915, the centerline being more particularly described as follows: Beginning at the centerline intersection of Carlsbad Boulevard and Grand Avenue, as shown on Record of Survey Map No. 9536, recorded December 30, 1983; thence, northeasterly along the centerline of said Grand Avenue, North 55°30t2011 East (Record: North 55°30t2011 East, Record of Survey 9536), a distance of 169.00 feet, to the TRUE POINT OF BEGINNING; thence, perpendicular to said centerline, South 34"29'40gg East, a distance of 114.50 feet. Excepting all that portion lying within Grand Avenue, as shown on said Record of Survey 9536. I i A 1. f <' ! .. 1, 03 "