HomeMy WebLinkAboutPR 2.3.83; CB RANCH ENTERPRISES; 1995-0249015; Easement.. '.
I AND WHEN RECORDED MAIL TO 0 9 Po F P 2 Pr-4 = !a= a?; Tc;i Q$; =i g
~., c $ * y-:\ ,$ $ %: ,;: :. 1! 8 .$ bcLz 3; 4 ;dLgi= 8 . = -- . S'
a:' Ly = 0- - -::<a- *(. I 1 B B E%,-$ - -2 -a r- x- 271 -: rn R - p %? ~g*--& -~ t' ,';.. 93 UdIF sc Q"$C g?$ i me City Clerk 148
eet Address 1200 Carlsbad Village Dr.
Y& ite
City of Carlsbad
Carlsbad, CA 92008
1 pp-yT"1 pc<-.n"
.Iirji! $l&Q c@b.;J:f 2EC;#EW5 s G-FflCE
u. &T >;iJ;, 5 ci7Jgy f?EC3&;!;
,I r t .-;?L a\.t!2i;i.:Y3
;7.k.:: f " -*
<+Eg"WJ ""(.T IJ c
I I FFF'; 2 $-j rj
MAIL TAX STATEMENTS TO
">* .. - " Y Y
I 1 me eet Address EXEMPT
I-
!
;:&5=/=*-\ I
SPACE ABOVE THIS LINE FOR RECORDER'S USE CORPORATION GRANT DEED PR 2.3.83 OF EASEMENT n,&- APN 21 1-022-01 ,O2
The undersigned grantor(s) declare(s): Documentary transfer tax is $ 0.00
( ) computed on full value of property conveyed, or
( ) computed on full value less value of liens and encumbrances remaining at time of sale.
( ) Unincorporated arw. ($City of Carlsbad , and
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
-" -
CB Ranch Enterprises,
a corporation organized under the laws of the State of California, hereby GRANTS to
City of Carlsbad, a Municipal Corporation
the following described real property in the City of Carkbad, County of San Diego, State of California: an EASEMENT FOR SLOPE AND CONSTRUCTION PURPOSES over, under, upon and across the real propeetogether with the right to Construct, grade, remove and deposit soil and construction materials, conduct operations related to the construction of adjacent facilities and features, clear, landscape, inspect, and maintain within the bounds of said easement
as described in EXHBIT "A" consisting of three (3) pages, attached hereto and made a part hereof. EXHIBIT "B
consisting of two (2) pages is attached for clarity only. Said slope and construction easement is temporary and shall terminate ninety (90) calendar days following the filing and recordation of the Notice of Completion of Carlsbad Ranch
(CT 92-07).
In Wimess Whereof, said corporation has caused its corporate name and seal to be affiied hereto and this inswent to be executed by its President and Secretary thereunto duly authorized.
DATED February 24, 1995
STATE OF CALIFORNIA 1 CB Ranch Enterprises, a Caornia Corporation
/qne ofyypmy)
COUNTY OF SAN DIEGO j
On ~WULC~ LC, 1q4 S WOE me, ~~ktd A, P*.L~, BY %e !?MY oficer)" U'L c (here insea name and title of 1
personally known to me ( e-) to be the pemm Name Christ0 he . Calkins within inmument and acknowledged to me that @fsb$&q executed L e same in @&e#& authorized capacity(ies), and that by signature(s) on the instrument the person(s), or the entity
(Type or Print)
upon behalf of which the person(s) acted, execut the instrument
WITNESS my hand and ofIi6-d seal.
Title Vice President
/+>
(Type or Print)
I
Signature V<wJLp P' ">
(Sed)
..
*> .h
** +
w $
7 .;5
.>
.w+*.!&/4"&
Karen A. F%eBps '8: WFa3!&.#?$$3M5 9
SApIDFrn cc-7 2 My CiYmi Ex$. &Ti s, 4%98 ? '
NOTPRY WSUC*AL:FSFZR'~A x
"**-&&y
MAIL THIS STATEMENT AS DIRECTED ABOVE
. ..
*, 0 0
749
EXHIBIT "A"
PE 2.3.83
SLOPE AND CONSTRUCTION EASEMENT
PARCEL A:
A PORTION OF LOT 1 OF MAP 13078, IN THE CITY OF CARLSBAD, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY ON DECEMBER 28 , 1993 , MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 1, SAID POINT BEING
A POINT ON A 725.00 FOOT RADIUS CURVE, CONCAVE TO THE EAST, A
RADIAL TO SAID POINT BEARING NORTH 71O 48' 33" EAST, SAID POINT
ALSO BEING THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED
PARCEL ;
THENCE SOUTHERLY ALONG THE EASTERLY LINE OF SAID LOT 1, ALONG THE
ARC OF SAID CURVE , THROUGH A CENTRAL ANGLE OF 4 O 17' 55 'I , AN ARC
DISTANCE OF 54.39 FEET; THENCE CONTINUING ALONG SAID LOT LINE SOUTH
22O 29' 22" EAST, 460.22 FEET; THENCE LEAVING SAID LOT LINE SOUTH
22O 30' 38" WEST, 70.71 FEET; THENCE SOUTH 67O 29' 22" EAST, 70.71
FEET TO THE EASTERLY LINE OF LOT 1; THENCE ALONG SAID LOT LINE
SOUTH 22 O 2 9 ' 22 I' EAST, 405.28 FEET; THENCE ALONG SAID LOT LINE
SOUTH 20° 57' 08" EAST, 211.68 FEET; THENCE ALONG SAID LOT LINE
SOUTH 27 O 00 ' 30 I' EAST, 3 0.0 0 FEET; THENCE LEAVING SAID LOT LINE
SOUTH 17O 59' 30" WEST, 70.71 FEET; THENCE SOUTH 72O 00' 30" EAST,
70.71 FEET TO THE EASTERLY LINE OF LOT 1 ; THENCE ALONG SAID LOT
LINE SOUTH 27O 00' 30" EAST, 480.00 FEET; THENCE LEAVING SAID LOT
SHEET 1 OF 3
L.. e 0
EXHIBIT "A" 730
PE 2.3.83 SLOPE AND CONSTRUCTION EASEMENT
LINE SOUTH 17O 59' 30" WEST, 56.57 FEET; THENCE SOUTH 72O 00' 30"
EAST, 56.57 FEET TO THE SAID EASTERLY LINE OF LOT 1; THENCE
CONTINUING ALONG SAID LOT LINE SOUTH 27O 00' 30" EAST, 438.47 FEET;
THENCE ALONG SAID LOT LINE NORTH 63O 50' 20" EAST, 631.27 FEET TO
A POINT ON A 621.00 FOOT RADIUS NON-TANGENT CURVE, CONCAVE TO THE
WEST, A RADIAL TO SAID POINT BEARING NORTH 74O 13' 31" EAST, SAID
POINT ALSO BEING ON THE MOST EASTERLY CORNER OF SAID LOT 1; THENCE
SOUTHERLY, ALONG THE ARC OF SAID CURVE AND SAID LOT LINE, THROUGH
A CENTRAL ANGLE OF 29' 32' 14", AN ARC DISTANCE OF 320.14 FEET;
THENCE ALONG SAID LOT LINE SOUTH 13O 45' 45" WEST, 100.00 FEET TO
THE BEGINNING OF A 719.00 FOOT RADIUS TANGENT CURVE, CONCAVE TO THE
EAST; THENCE SOUTHERLY ALONG SAID LOT LINE AND ALONG THE ARC OF
SAID CURVE, THROUGH A CENTRAL ANGLE OF 11' 36' 42", AN ARC DISTANCE
OF 145.71 FEET; THENCE ALONG SAID LOT LINE SOUTH 02O 09' 03" WEST,
121.71 FEET TO THE BEGINNING OF A 25.00 FOOT RADIUS TANGENT CURVE,
CONCAVE TO THE NORTHWEST; THENCE LEAVING SAID LOT 1 LINE
SOUTHWESTERLY , ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE
OF 90° 00' 00" AN ARC DISTANCE OF 39.27 FEET TO A POINT ON THE
NORTHERLY LINE OF A ROAD EASEMENT GRANTED TO THE CITY OF CARLSBAD
IN A DOCUMENT RECORDED AS FILE NO. 88-463310 ON SEPTEMBER 15, 1988;
THENCE WESTERLY ALONG SAID EASEMENT LINE NORTH 87O 50 ' 57" WEST,
735.78 FEET TO THE BEGINNING OF A 2313 .OO FOOT RADIUS TANGENT
CURVE, CONCAVE TO THE SOUTH; THENCE WESTERLY ALONG SAID EASEMENT
LINE AND THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 04O 18'
SHEET 2 OF 3
,. 0 0 75 1
EXHIBIT "A"
PE 2.3.83
SLOPE AND CONSTRUCTION EASEMENT
23", AN ARC DISTANCE OF 173.85 FEET; THENCE SOUTH 87O 50' 40" WEST,
17.00 FEET; THENCE LEAVING SAID EASEMENT LINE NORTH 23O 12' 32"
EAST , 95.95 FEET ; THENCE NORTH 49 O 09 ' 46 I' EAST , 47.19 FEET; THENCE
NORTH 74O 56' 39" EAST, 103.62 FEET; THENCE NORTH 43O 01' 47" EAST,
86.63 FEET; THENCE NORTH 32 O 29 ' 49" EAST, 96.66 FEET; THENCE NORTH
04O 14' 43" WEST, 199.35 FEET; THENCE NORTH 19O 56' 19" WEST,
285.21 FEET; THENCE NORTH 31O 00' 13" WEST, 196.35 FEET; THENCE
NORTH 25O 18' 20" WEST, 174.18 FEET; THENCE NORTH 39O 22' 16" WEST,
209.70 FEET; THENCE NORTH 69O 37' 00" WEST, 18.98 FEET; THENCE
NORTH 33O 47' 15" WEST, 77.89 FEET; THENCE NORTH 18O 28' 32" WEST,
53.07 FEET; THENCE NORTH 14 O 58 ' 49 I! EAST, 74.08 FEET; THENCE
NORTH 05O 00' 49" EAST, 70.21 FEET; THENCE NORTH 09O 11' 53" WEST,
112.59 FEET; THENCE NORTH 24O 59' 33" WEST, 71.90 FEET; THENCE
NORTH 57O 10' 08" WEST, 41.60 FEET; THENCE NORTH 35O 21' 56" WEST,
84.69 FEET; THENCE NORTH 28O 37' 05" WEST, 288.50; THENCE NORTH 12 O
33' 35" WEST, 106.73 FEET; THENCE NORTH OOo 56' 49" EAST, 67.49
FEET; THENCE NORTH 09O 33' 18" WEST, 64.15 FEET; THENCE NORTH 15O
34' 10" WEST, 162.00 FEET; THENCE NORTH 29O 41' 50" WEST, 119.74
FEET TO THE NORTHERLY LINE OF SAID LOT 1; THENCE ALONG SAID LOT
LINE NORTH 67O 30' 38" EAST, 50.50 FEET, MORE OR LESS, TO THE TRUE
POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL.
AREA = 592,402 SF (13.60 AC)
SHEET 3 OF 3
0 0
. . ., 8: .- . ., , :. <. '. i: .> ,, .,,, , ,. ..
/ 1'' i c- ..
, ., /j ..-,-~ c , . , , .. . . ,_, , ' . , -, . " -1 " ,.i , . ar ., ; . -4: ' .:.; , . . ~ - . .' 1.. " ..... L
,">,,j./>.'' ....'C~
,&,t : _.'_.. : :, .,., > , - .
,. , . . -1 ..._ l~l.
!\,,, , ;, ,. , :, %: ,_... 1 ,, ... :., :.%: : . . I . ._ . . ._, ,. ,. 1 i, r. '.. , _.: :.I,'.., ..
. .. 0 0 75,'
DATA TABLE
AREA = 592,402.37 SF
(1 3.60 AC)
"3- 7220 CONSULT Avenid
&:~$8; Civil Plonning Engineering OFF-SITE SLOPE & CONSTRUCTION EASEMENT
:OrlSbod. Colifornio 92009 Processing
619-931-7700 Surveying ACROSS LOT 1, MAP 13078 Fox:619-931-8680 SHT. 2 OF 2 SHT5
REQUESTED BY: XRLTAS COMPANY 5600 AVENIDA ENCINAS,STE.l OC XRLSBAD, CA 92008 EXHIBIT "B" u JEf?kY O'CONNEU - PR 2.3.83 A.P.N. SHOWN ON SHEET
'HONE (61 9) 431 -5600 DATE FEB. 1995 R.C.E. 32012 MP. 12/31/96
Dote: 02/14/95 fime: 14143 BY: S. BERG FILE=F:\JOBS\891014\SLOPEl .DWG 89- 1 (
~~ .. - . ~~"_ .""" ."" .. ."~ """"""" .. ~
., e 0 754
CERTIFiCATION FOR ACCEPTANCE OF DEED
, This is to certify that the interest in real property conveyed by the grant deed or
?asement, dated 2/5/95 >from CB Ranch Enterprises
:o the City of 'Carlsbad,'California, a political corporation and/or governmental agency, is
nereby accepted by the undersigned officer or agent on behalf of the City of Carlsbad,
California, pursuant to authority conferred by Resolution No. 91-71 of the City of Carlsbad,
adopted on March 5, 1991, and the grantee consents to the recordation thereof by it's duly
mthorized officer.
~ATED: May 30, 1995
..
ant, City Clerk
,.
w 'I . ,I > *
"a5'5 ,K I / 1.:;
!T
94-JUbk"~P5 oyz49 &fi
OFFjCIAL #tL.&i;b ""n P=
3#{ DIE68 @J&Y RE~@j'j5:'5 @FICE fjEE$flliy S#IT# f [fi@.ITY RECfiRDER FEES: 3,OO
1
\:, '.;I I,
4:
RECORDING REQUESTED BY AND I ;J ": WHEN RECORDED MAIL TO: City Clerk 1 CITY OF CARLSBAD 1
1200 Carlsbad Village Drive ) Carlsbad, CA 92008 1
..
Space above this line for Recorder's use.
SUBORDINATION AGREEMENT (TRUST DEED HOLDERS)
APN: 213-022-02, 21 1-022-01
NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO
(AN) EASEMENT IN THE REAL PROPERTY TO WHICH YOUR SECURITY INSTRUMENT ATTACHES AND HAS THE POTENTIAL EFFECT OF REDUCING THE VALUE OF YOUR SECURITY INTEREST.
I THIS AGREEMENT, made this -&& day of /&i~&~vddL* 19z by
Carltas Company, a California Limited Partnership hereinafter
referred to as ffTrustor,ll and CB Ranch Enterprises, a California
Corporation hereinafter referred to as llownerff, owner of the land
and California State Coastal Conservancy, hereinafter referred to
as lfBeneficiaryll: present owner and holder of the deed of trust
hereinafter described:
WITNESSETH
THAT WHEREAS, the Carltas Company did execute a deed of
trust, dated January 1, 1994, to Chicago Title Company as
successor to Ticor Title Insurance Company of California as
trustee, covering Lot 1 of CT 92-07 (Map No. 13078), to secure a
note in the sum of Four Hundred Twenty Thousand Dollars
($420,000.00) dated January 1, 1994, in favor of California State
Coastal Conservancy recorded in the office of the County Recorder
AGREMENTSVIG-24.FRn -1- REV 05/11/93
PR 2.3@ 8.7
0 e 756
of San Diego County on January 12, 1994, as File No. 1994-0027699
of Official Records of said county: and
WHEREAS, Owner has executed, or is about to execute, as
grantor, a grant of Easement dated February 24, 1995, in favor of
the City of Carlsbad as grantee herein referred to as "Easement
Grantee," creating Easement more particularly described in
Exhibits A attached hereto; and
WHEREAS, Easement Grantee is willing to accept said Easement
provided the grant of Easement is a charge upon the above
described property prior and superior to the lien or charge of the
deed of trust above mentioned and provided that Beneficiary will
specifically and unconditionally subordinate the lien or charge of
the deed of trust above mentioned to the lien or charge of the
Easement created in favor of Easement Grantee: and
WHEREAS, it is to the mutual benefit of the parties hereto
that Easement Grantee accept said Easement and Beneficiary is
willing that the grant of Easement 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 Easement above referred to, it is hereby declared, understood
and agreed as follows:
1. That said Easement 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
AWEEMENTSW-24. FRll -2- REV 05/11/93
'/ . 0 0 757
charge of the deed of trust above mentioned.
2. That Easement Grantee would not accept said
Easement above described without this subordination agreement.
3. That this agreement shall be the whole and only
agreement with regard to the subordination of the lien or charge
of the deed of trust above mentioned to the Easement in favor of
Easement Grantee above referred to and shall supersede and cancel,
but only insofar as would affect the priority between the deed of
trust and Easement hereinbefore specifically described, any prior
agreement as to such subordination including, but not limited to,
those provisions, if any, contained in the deed of trust above
mentioned, which provide for the subordination of the lien or
charge thereof to another interest in the real property therein
described.
Beneficiary declares, agrees and acknowledges that:
1. I (We) consent to and approve the grant of
Easement in favor of the Easement Grantee.
2. I (We) intentionally and unconditionally subor-
dinate the lien or charge of the deed of trust above mentioned to
the Easement in favor of Easement Grantee above referred to and
understands that in reliance upon, and in consideration of, this
subordination of the grant of Easement are being executed and
delivered, the Easement are being created, and that specific
monetary and other obligations are being and will be entered into
by the Easement Grantee, other lenders and title insurance
companies which would not be made or entered into but for said
reliance upon the subordination.
3. This Agreement represents an endorsement to the
AGREEHENTSUG-24-FRH -3- REV 05/11/93
I,. * 0 0 7'58
note secured by the deed of trust above mentioned and that said
deed of trust has by this instrument been subordinated to the
charge of the Easement in favor of Easement Grantee above referred
to.
Executed this 3,& day of l;Lb%!.-E LC / , 19 u.5 .
BENEFICIARY: OWNER:
California State Coastal CB Ranch Ente ' Conservancy
L By : iw!+.&!-,"---- *q,ir--"
(sign here)
j&,?[:A - $<- P- &fj W"S,$Jb$ I (print name here)
(title and organization of CArltas Company, A California signatory) limited partnership
I r TRUSTOR: st-o.9 a_ Zzt.3 Z$&4?,? li S?T+L. Cr; cd tcLj CPq ar ;:-< p<,,-:..-s 1
(title an6 organization of signatory)
(Proper notarial acknowledgement of execution by BENEFICIARY AND OWNER must be attached)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM: RONALD R. BALL City Attorney
By: ~h?-.kL~cy City At rney F /
~
AGREEHENTSUG-24-FRH -4- REV 05/11/93
j, .
CALIFORNIA-ALL-PURPOS Fh CKNOWLEDGMENT 0 759
No. 5907
State of California
County of Sari D&~O
On March 1, 1995 before me, Karen A. Phelps, Notary Public
DATE
.I
NAME, TITLE OF OFFICER - E.G.. "JANE DOE, NOTARY PUBLIC"
personally appeared Christopher C. Calkins-------------------------------------
NAME@) OF SIGNER(S)
[fl personally known to me - OR - 0 prooe~~e-on~tmsis-ofsatisfactory
to be the person(s) whose name(s) is/p,rp
subscribed to the within instrument and ac-
knowledged to me that he/Mm@V executed
the same in his/l$@,tW@j$/ authorized
capacity(ies), and that by his/hyyJt,,)r
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT - u INDIVIDUAL
CORPORATE OFFICER Subordination Agreement Presidentflice President TITLE OR TYPE OF DOCUMENT
TITLE(S)
0 PARTNER(S) 0 LIMITED - [7 GENERAL 4 + exhibits
u ATTORNEY-IN-FACT NUMBER OF PAGES 0 TRUSTEE(S) 0 GUARDIAN/CONSERVATOR 0 OTHER: Not dated at time of notarization
DATE OF DOCUMENT
SIGNER IS REPRESENTING: Coastal Consemncy/City Attorney
CB Ranch Enterprises/Carltas Manaqement SIGNER(S) OTHER THAN NAMED ABOVE
NAME OF PERSON(S) OR ENTIP((IES)
~~ ""_~~~~"-"~"-~~"""""-~ ~~
01993 NATIONAL NOTARY ASSOCIATION 8236 Remmet Ave.. P.O. Box 7184 Canoga Park, CA 91309-7184
CALIFORNI P ALL-PURPOSE ACKN dtv LEDGEMENT 7'60
State of Gfi~~ec L
County of - .add&
On 5?~7&4 3 I r fyfd- before me, &'kq - A.'N 9 -L*m , &7/Iyv Bt6Lc
Date &, Titled Officer-E.G<,8aJane Doe? Notary Pub1 ic"
personally appeared mhc irc 6~ 'm M
NameCs) of SignerW
a personally known to me - OR - proved to me on the basis of satisfactory evidence to be the person &) whose name&) is/= subscribed to the within instrument and acknowledged to me that */she/- executed the same in-kis/her/#&r authorized capacity(&), and that by -bi+her/th"r signature(4 on the instru- ment the person(+), or the entity upon behalf of which the person(+ acted, executed this instrument.
WITNESS my hand and official seal
m5 - dsf@ I a-
nDTTnNAI L -. . - "... .- ~~~~
Though the data below is not required by Law, it may prove valuable to persons relying on the document and could prevent fraudulent reattchment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
0 Individual tl Corporate Officer S4S.Yd/?,$ Q7 ,&/Jh Joe
TitleCs) Title or Type of Document
0 Partners 0 Limited
Attorney-In-Fact Number of'Pages - Trustee (s)
General @ //w ad.
u Guardi an/Conservator [JZI Other: ,g&+~! &d ?/3/ps Date of Document
Signer is Representing:
Name of PersonCs) or EntityCies) s cc Signer(s) Other Than Named Above
AND WHEN RECORDED MA1 lclt 0 0 761
I" Ci Clerk le Ci of Carlsbad
et Address 1200 Carlsbad Wage Dr.
84 Carlsbad, CA 92008
e
1
I I
MAIL TAX STATEMENTS TO
I 1 le !et Address EXEMPT & .e I 1 w+mn- qX
SPACE ABOVE THIS UNE FOR RECORDERS USE CORPORATION GRANT DEED PR 2.3.83 OF EASEMENT @I&- APN 211-022-01,02
The undersigned grantor(s) declare(s):
Documentary transfer tax is $ 0.00
( ) computed an full value of property conveyed, ar
( ) computed on full value less value of liens and mbrances rwnsininp at time of sale.
( ) Unincorporated area: (x)City of Carlsbad , ami FOR A VALUABLE! CONSIDERATION, receipt of which is hereby acknowledged,
CB Ranch Enterprises,
a corporation organized der the laws of the State of California, hereby GRANTS to
City of Carlsbad, a Municipal Corporation
the following described real property in t& City of Carlsbad, County of San Diego, State of California: an EASEMENT FOR SLOPE AND CONSTRUCITON PURPOSES over, under, upon and acrass the real propertv together with the right to coast~ct, grade, remove and de@t soil and caastructian materials, uduct operations related to the construction of adjacent facilities and fames, clear, landscape, inspect, and maimtin within the bounds of said easement as described m EXHIBIT "A" consisting of three (3) pages, attached hereto and made a part hereof. EXHIBIT "B consisting of two (2) pages is attached for clarity only. said slope and consn~ction easement is temporary and shall
terminate niaety (90) calendar days following the filing and remrdation of the Notice of Completion of Carlsbad Ranch (CT 92-07).
In Wimess Whereof, said corporation has caused its anparate name and seal to be affixed hereto and this instrument to be executed by its President and Secretary thereunto duly authorized.
DATED February 24, 1995
STATE OF CALJFORNIA ) 1 COUNTY OF SAN DIEGO )
Title Vice President
o.)rpe OT Print)
..
(-1 "$"W
~~ ~
MAIL THIS STATEMENT AS DIRECI'ED ABOVE
e 0 762
EXHIBIT "A" PE 2.3.83 SLOPE AND CONSTRUCTION EASEMENT
PARCEL A:
A PORTION OF LOT 1 OF MAP 13078, IN THE CITY OF CARLSBAD, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY ON DECEMBER 28 , 1993 , MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 1, SAID POINT BEING
A POINT ON A 725.00 FOOT RADIUS CURVE, CONCAVE TO THE EAST, A
RADIAL TO SAID POINT BEARING. NORTH 71O 48' 33" EAST, SAID POINT
ALSO BEING THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED
PARCEL ;
THENCE SOUTHERLY ALONG THE EASTERLY LINE OF SAID LOT 1, ALONG THE
ARC OF SAID CURVE , THROUGH A CENTRAL ANGLE OF 4 O 17 I 55 II , AN ARC
DISTANCE OF 54.39 FEET; THENCE CONTINUING ALONG SAID LOT LINE SOUTH
22O 29' 22" EAST, 460.22 FEET; THENCE LEAVING SAID LOT LINE SOUTH
22O 30' 38" WEST, 70.71 FEET; THENCE SOUTH 67O 29' 22" EAST, 70.71
FEET TO THE EASTERLY LINE OF LOT 1; THENCE ALONG SAID LOT LINE
SOUTH 22 O 29 ' 22 I' EAST, 405.28 FEET; THENCE ALONG SAID LOT LINE
SOUTH 20 O 57' 08 'I EAST, 211.68 FEET; THENCE ALONG SAID LOT LINE
SOUTH 27O 0 0 ' 3 0 'I EAST, 3 0.00 FEET; THENCE LEAVING SAID LOT LINE
SOUTH 17O 59' 30" WEST, 70.71 FEET; THENCE SOUTH 72O 00' 30" EAST,
70.71 FEET TO THE EASTERLY LINE OF LOT 1; THENCE ALONG SAID LOT
LINE SOUTH 27O 00' 30" EAST, 480.00 FEET; THENCE LEAVING SAID LOT
SHEET 1 OF 3
0 0 763
EXHIBIT "A"
PE 2.3.83 SLOPE AND CONSTRUCTION EASEMENT
LINE SOUTH 17O 59' 30" WEST, 56.57 FEET; THENCE SOUTH 72O 00' 30"
EAST, 56.57 FEET TO THE SAID EASTERLY LINE OF LOT 1; THENCE
CONTINUING ALONG SAID LOT LINE SOUTH 27O 00' 30" EAST, 438.47 FEET;
THENCE ALONG SAID LOT LINE NORTH 63' 50' 20" EAST, 631.27 FEET TO
A POINT ON A 621.00 FOOT RADIUS NON-TANGENT CURVE, CONCAVE TO THE
WEST, A RADIAL TO SAID POINT BEARING NORTH 74O 13' 31" EAST, SAID
POINT ALSO BEING ON THE MOST EASTERLY CORNER OF SAID LOT 1; THENCE
SOUTHERLY, ALONG THE ARC OF SAID CURVE AND SAID LOT LINE, THROUGH
A CENTRAL ANGLE OF 29O 32' 14", AN ARC DISTANCE OF 320.14 FEET;
THENCE ALONG SAID LOT LINE SOUTH 13O 45' 45" WEST, 100.00 FEET TO
THE BEGINNING OF A 719.00 FOOT RADIUS TANGENT CURVE, CONCAVE TO THE
EAST; THENCE SOUTHERLY ALONG SAID LOT LINE AND ALONG THE ARC OF
SAID CURVE, THROUGH A CENTRAL ANGLE OF 1l0 36' 42", AN ARC DISTANCE
OF 145.71 FEET; THENCE ALONG SAID LOT LINE SOUTH 02O 09' 03" WEST,
121.71 FEET TO THE BEGINNING OF A 25.00 FOOT RADIUS TANGENT CURVE,
CONCAVE TO THE NORTHWEST; THENCE LEAVING SAID LOT 1 LINE
SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE
OF 90° 00' 00" AN ARC DISTANCE OF 39.27 FEET TO A POINT ON THE
NORTHERLY LINE OF A ROAD EASEMENT GRANTED TO THE CITY OF CARLSBAD
IN A DOCUMENT RECORDED AS FILE NO. 88-463310 ON SEPTEMBER 15, 1988;
THENCE WESTERLY ALONG SAID EASEMENT LINE NORTH 87O 50 ' 57" WEST,
735.78 FEET TO THE BEGINNING OF A 2313.00 FOOT RADIUS TANGENT
CURVE, CONCAVE TO THE SOUTH; THENCE WESTERLY ALONG SAID EASEMENT
LINE AND THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 04O 18'
SHEET 2 OF 3
e / 0
764
EXHIBIT "A"
PE 2.3.83
SLOPE AND CONSTRUCTION EASEMENT
23"' AN ARC DISTANCE OF 173.85 FEET; THENCE SOUTH 87O 50' 40" WEST,
17.00 FEET; THENCE LEAVING SAID EASEMENT LINE NORTH 23O 12' 32"
EAST, 95.95 FEET; THENCE NORTH 49 O 09' 46" EAST, 47.19 FEET; THENCE
NORTH 74O 56' 39" EAST, 103.62 FEET; THENCE NORTH 43O 01' 47" EAST,
86.63 FEET; THENCE NORTH 32 O 29' 49" EAST, 96.66 FEET; THENCE NORTH
04O 14' 43" WEST, 199.35 FEET; THENCE NORTH 19O 56' 19" WEST,
285.21 FEET; THENCE NORTH 31O 00' 13" WEST, 196.35 FEET; THENCE
NORTH 25O 18' 20" WEST, 174.18 FEET; THENCE NORTH 39O 22' 16" WEST,
209.70 FEET; THENCE NORTH 69O 37' 00" WEST, 18.98 FEET; THENCE
I
NORTH 33' 47' 15" WEST, 77.89 FEET; THENCE NORTH 18' 28' 32" WEST,
53.07 FEET; THENCE NORTH 14O 58' 49" EAST, 74.08 FEET; THENCE
NORTH 05O 00' 49" EAST, 70.21 FEET; THENCE NORTH 09O 11' 53" WEST,
112.59 FEET; THENCE NORTH 24O 59' 33" WEST, 71.90 FEET; THENCE
NORTH 57O 10' 08" WEST, 41.60 FEET; THENCE NORTH 35O 21' 56" WEST,
84.69 FEET; THENCE NORTH 28 O 37' 05" WEST, 288.50 ; THENCE NORTH 12 O
33' 35" WEST, 106.73 FEET; THENCE NORTH OOo 56' 49" EAST, 67.49
FEET; THENCE NORTH 09O 33' 18" WEST, 64.15 FEET; THENCE NORTH 15O
34' 10" WEST, 162.00 FEET; THENCE NORTH 29O 41' 50" WEST, 119.74
FEET TO THE NORTHERLY LINE OF SAID LOT 1; THENCE ALONG SAID LOT
LINE NORTH 67O 30' 38" EAST, 50.50 FEET, MORE OR LESS, TO THE TRUE
POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL.
AREA = 592,402 SF (13.60 AC)
SHEET 3 OF 3
e e 766
DATA TABLE
AREA = 592,402.37 SF
(13.60 AC)
k, 7220 CONSULT hnid Encinas Civil Engineering
bite 204 Planning Off-SITE SLOPE & CONSTRUCTION EASEMENT
Cambad. Californm 92009 Processing . 619-931-7700 Sumying SHT. 2 OF 2 SH Fox:619-931-8680 ACROSS LOT 1, MAP 13078
REQUESTED BY: CARLTAS COMPANY
5600 AVENIDA ENCINAS,STE. 1 OC
CARLSBAD, CA 92008 EXHIBIT "8" " JEf?kY O'CONNEU - PR 2.3.83 A.P.N. SHOWN ON SHFF
PHONE (619) 431 -5600 DATE FER 1995 R.C.E. 32012 MP. 12/31 /96
Date: 02/14/95 lime: 14~43 BY S. BERG FlLE=F:\JOBS\891014\S~OPEl .DWG 89-
. . . - ." . -