HomeMy WebLinkAboutPR 3.4.241; CARLSBAD RANCH COMPANY, L.P.; 1995-0268451; Easement@ . AND WHEN RECORDED MAIL TO * I S?. I ~ n '4 ;* :-.* &; :r 'I ... r IX . ..: - 1. i <*- Z',; ,; "2:.
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City of Carlsbad
Feet Address 1200 Carlsbad Village Drive ~~~~~$!)~ ;?$-T$' Y*. :.-.. ?,r-.!y?,,---,
Carlsbad, CA 92008 ;cy *
ate
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MAIL TAX STATEMENTS TO
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ime
RTNERSHIP GRANT DEED PR 3.4.241
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 area: (x)City of Carlsbad , and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
CARLSBAD RANCH COMPANY, L.P.,
a limited partnership 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 Carlsbad County of San Diego, State of California; an EASEMENT FOR PUBLIC STREET AND PUBLIC UTILITY PURPOSES (Armada Drive), over, under, upon and across the real property as descriied in Exhibit "A" consisting of one (1) page, attached hereto and made a part
hereof. Exhibit "B" consisting of one (1) page is attached for clarity only.
DATED flAf 30, / $55
WATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
On PnAY 3, Iqcis before me, KM@ A - Pd@,
!k~~pYers!nal~ appeared t~ts~~~~~ e. cm/Giperson* (here insert nape and title of the
known to me (w " to be the persono whose name+)@= subscribed to the within instrument and acknowledged to me that @&"hey executed the same in &j&&their authorized ..pacity@+), and that by @$W&?k signatureeon the instrument the person(% or the entity upon behalf of which the personCsfacted, executed the
instrument.
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L71 c UC'L, c
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(seal)
CARLSBAD RANCH COMPANY, L.P., A CALIFORNIA LIMITED PARTNF3RSHIP (Name of Company)
By: Carltas Comeany, a California Limited Partnership, General Partner
rnia Corporation, General Partner
Title President w or Print)
MAU, THIS STATEMENT AS DIRECTED ABOVE
0 EXHIBIT "A"
PR 3.4.241 0
ROAD EASEMENT FOR ARMADA DRIVE 455
ALL THAT PORTION OF LOT 2 OF MAP NO. 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, DECEMBER 28, 1993 AS FILE
NO. 1993-0876429 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF LOT 5 OF SAID MAP NO. 13078;
THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 2, NORTH 88 O 26' 20"
WEST, 11.11 FEET TO THE BEGINNING OF A NON-TANGENT 736.00 FOOT
RADIUS CURVE CONCAVE TO THE EAST, A RADIAL TO SAID POINT BEARS
SOUTH 83O 36' 20" WEST; THENCE LEAVING THE SOUTHERLY LINE OF SAID
LOT 2 AND NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 09O 04' 12", AN ARC DISTANCE OF 116.51 FEET TO THE
BEGINNING OF A COMPOUND 83.00 FOOT RADIUS CURVE CONCAVE TO THE
EAST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 22O 35' 28", AN ARC DISTANCE OF 32.73 FEET TO THE
BEGINNING OF A REVERSE 87.00 FOOT RADIUS CURVE CONCAVE TO THE
NORTHWEST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH
A CENTRAL ANGLE OF 20' 09' 16", AN ARC DISTANCE OF 30.60 FEET TO A
POINT OF CUSP WITH THE EASTERLY LINE OF SAID LOT 2; THENCE, ALONG
SAID EASTERLY LOT LINE, SOUTH 05O 06' 44" WEST, 30.81 FEET TO THE
BEGINNING OF A TANGENT 725.00 FOOT RADIUS CURVE CONCAVE TO THE
EAST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 1l0 37' 42", AN ARC DISTANCE OF 147.14 FEET TO THE
POINT OF BEGINNING.
AREA = 0.04 ACRES (1624 S.F.)
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NOfaNE 486
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MAp 13078
63'
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ROAD
51'
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21 1-023-01
;CAE 1 "= 100'
MAP 13078
2 I 1 -023-03
mof LEGEND: BASIS OF BEARINGS:
" EX]mNG LOT UN~ C~WfRI' DRIVE AS SHOWN ON MAP NO.
v//1 AREA OF DalCAnON THE w OF BEARINGS FOR MIS PMT I!
A PORTION OF THE CENTEf?UNE OF CAR
12242. I.E. NORTH 6730'37' EAST.
LEGAL DESCRIPTION:
LOT 2 OF MAP NO. 13078
.p.~, 211-023-01
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CERTIFICATION FOR ACCEPTANCE OF DEED 487
1.
This is to certify that the interest in real property conveyed by the grant deed'or
easement, dated 5/30/95 , from Carlsbad Ranch Co. , L.P.
to the City of 'Carlsbad,'California, a political corporation and/or governmental agency, is
hereby 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
authorized officer.
DATED: June 19. 1995
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Exl?;fi[ RK&;$;
$!; g@jfi Gpq'( BFy$@ER'S OFFICE cy, r r.'.'C*I$ ;;c&;Y >?!J, j $3 9 Cg#!y gr-cggER .... -
FEES : B,&)
RECORDING REQUESTED BY AND 1 WHEN RECORDED MAIL TO: 1 City Clerk 1
CITY OF CARLSBAD
1200 Carlsbad Village Drive )':.t Carlsbad, CA 92008 ) ~ . ;.i
) *', .<,
) !lo.!* "' Space above this line for Recorder's use.
SUBORDINATION AGREEMENT
(TRUST DEED HOLDERS)
Parcel No. 211-023-01
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.
THIS AGREEMENT, made this 30 day of /vl /-b f 19B by
Carlsbad Ranch Company, L.P., a California Limited Partnership,
hereinafter referred to as sOwner,lt owner of the land and
Insurance Company of the West, hereinafter referred to as
I1BeneficiaryVt; present owner and holder of the deed of trust
hereinafter described;
WITNESSETH
THAT WHEREAS, Carltas Company, a California Limited
Partnership did execute a deed of trust, dated December 9, 1993,
to Western Insurance Holdings, Inc. , as trustee, covering Lot 2 of
CT 92-07 as.File No. 1993-0876429 recorded December 28, 1993 in
the office of the County Recorder of San Diego County to secure an
unidentified amount dated December 9, 1993, in favor of Insurance
AGREDPNTSVU;-24.FRIP REV 05/11/93
II 1
. I 0 e 489
Company of the West recorded in the office of the County Recorder
of San Diego County on January 5, 1994, as File No. 1994-0008745
of Official Records of said county; and
WHEREAS, Owner has executed, or is about to execute, as
grantor, a grant of EASEMENT dated May 30, 1995 , in favor of the
City of Carlsbad as grantee herein referred to as "Easement
Grantee," creating AN EASEMENT more particularly described in
EXHIBIT 1 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
AGREWNTS\AG-24.FRU 2 REV 05/11/93
e 490
property therein described, prior and superior to the lien or
charge of the deed of trust above mentioned.
2. That Easement Grantee would not accept said
EASEMENT 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
subordinate 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 is
being executed and delivered, the EASEMENT is 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.
AGREEMENTSVG-24.FRH 3 REV 05/11/93
e .: e 431
'-< e 9 I
3. This Agreement represents an endorsement to the
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/MAy , 19 7%
BENEFICIARY:
II Attorney in Fact ll (title and organization of signatory)
By : (sign here) 11 (print name here)
OWNER:
Carlsbad Ranch Company, L.P., a California Limited PartnershiD (Name of Company)
By: Carltas Company, a California Limited Partnership, General Partner
By: Carltas Management, a
By :
Name ChgistoDher C. Calkins
(title and organization of (Type or Print) signatory)
Title President (Type or Print)
(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 I?. BALL City Attorney
By :
J/Q* kp&&&mt City Attorney
AGREMENTSUG-24.FRM 4 REV 05/11/55
Insurance 0 Company of the West ' 392
HOME OFFICE: SAN DIEGO. CALIFORNIA "
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That INSURANCE COMPANY OF THE WEST, a California Corporation, does hereby appoint:
RON H. BAUARD
its true and lawful Attorney(s)-in-Fact, with full power and authority, to execute. on behalf of the Company, fidelity and surety bonds, undertakings,
and other contracts of suretyship of a similar nature.
This Power of Attorney is granted and is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board
of Directors on the 22nd day of November, 1994, which said Resolution has not been amended or rescinded and of which the following is a
true copy:
"RESOLVED, that the Chairman of the Board, the President, an Executive Vice President or a Senior Vice President of the Company,
and each of them, is hereby authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute
on behalf of the Company, fidelity and surety bonds, undertakings, or other contracts of suretyship of a similar nature; and to attach thereto
the seal of the Company: provided however,. that the absence of the seal shall not affect the validity of the instrument.
FURTHER RESOLVED, that the signatures of such officers and the seal of the Company, and the signatures of any witnesses, the
signatures and seal of any notary, and the signatures of any officers certifying the validity of the Power of Attorney, may be affixed by facsimile."
IN WITNESS WHEREOF, INSURANCE COMPANY OF THE WEST has caused these presents to be signed by its duly authorized officers
this 27th day of March 1995.
STATE OF CALIFORNIA ss:
COUNTY OF SAN DIEGO
0 3 +oR'or*r€~ 4
*h,.\*L
~L~OWA'
INSURANCE COMPANY OF THE WEST
"
March 27th, 1995 v On this before me personally appeared John L. Hannum. Senior Vice President of INSURANCE
COMPANY OF THE WEST, personally known to me to be the individual and officer who executed the within instrument, and acknowledged
to me that he executed the same in his official capacity and that by his signature on the instrument the corporation on behalf of which he
acted, executed the instrument.
WITNESS my hand and offictal seal. A
CERTIFICATE:
."
NORMA PORiER I% COMM. C9529W 2 Notary Fub!ic-Ca?fc.rnia $
cmm. emires JAN 14.1% l SAN WE63 COUNTY
L Notary Public
I, E. Harned Davis, Vice President of INSURANCE COMPANY OF THE WEST, do hereby certify that the original POWER OF ATTORNEY,
of which the foregoing is a true copy, is still in full force and effect, and that this certificate may be signed by facsimile under the authority
of the above quoted resolution.
IN WITNESS WHEREOF, 1 have sbb,erib?d my name as Vice President, on this / r4 day of J"he /
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INSURANCE COMPANY OF THE WEST
~~~~~~/~~~ i
E. drned Davis, 'Vice hesideit
ICW 37
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' CALIFORNIA ALL-PURPOS R CKNOWLEDGMENT 0 493 No. 5907
State of @L/ ad I A
before me, /&-,&Zd A .phZk?? k2-Y PU%-/ C ,
NAME, TITLE OF OFFICER - E'G., "JANE DOE, NOTARY PUBLIC"
personally appeared @/&%mf e c/, c&?XdJ
ypersonally known to me - OR - 1
to be the person(+ whose name(+)@km-
subscribed to the within instrument and ac-
knowledged to me that &%+&bey executed
the same in '@/hmhbe+ authorized
capacity(+@, and that by GkwnWzir
signature@ on the instrument the person++
or the entity upon behalf of which the
person@) acted, executed the instrument.
NAME@) OFSIGNER@)
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
B CORPORATE OFFICER
0 ATTORNEY-IN-FACT NUMBER OF PAGES
c] GUARDIAN/CONSERVATOR
SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(1ES)
~&?.LS~B MW1kl-&m:! r SIGNER(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION 8236 Remmet Ave., P.O. Box 7184 Canoga Park, CA 91309-7184
r- f
L CALIFORNIA ALL-PWRPOS m CKNOWLEDGMENT 0 NO. 5907
California
County of Sari Diego
June 1, 1995 before me, Jerome L. Hren, Notary Public
NAME, TITLE OF OFFICER - E.G., “JANE DOE, NOTARY PUBLIC
personally appeared
personally known to me - OR - proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same 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
Ron H. Ballard
NAME(S) OF SIGNER(S)
NOTARY PUBLIC. C person(s) acted, executed the instrument.
SIGNATURE OF NOTARY
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
0 CORPORATE OFFICER Subordination Agreement (Trust Deed
Holders)
TITLE OR TYPE OF DOCUMENT TITLE(S)
kd ATTORNEY-IN-FACT NUMBER OF PAGES
GUARDIAN/CONSERVATOR
May 30, 1995
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES) Carlsbad Ranch Company, L.P.
SIGNER@) OTHER THAN NAMED ABOVE Insurance Company of the west
01993 NATIONAL NOTARY ASSOCIATION 8236 Remmet Ave., P.O. Box 7184 Canoga Park, CA 91309-7184
I. e EXHIBIT 1 0
AND WHEN RECORDED MAIL TO
r City Clerk ne City of Carlsbad
!et Address 1200 Carlsbad Wage Drive
te
1
I& Carlsbad, CA 92008
I I
MAIL TAX STATEMENTS TO
I ne
!et Address EXEMPT
,&
:e
495
1
L I
SPACE ABOVE THIS LINE FOR RECORDERS USE
PARTNERSHIP GRANT DEED PR 3.4.241
OF EASEMENT APN 21 1-023-01
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 area: (x)City of Carlsbad , and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
CARLSBAD RANCH COMPANY, LP.,
a limited partnership organized under the laws of the State of California hereby GRANTS to
City of Carlsbad, a Municipal Corporation
the following desmid real property in the City of Carlsbad County of San Diego, State of California; an EASEMENT FOR PUBLIC STREET AND PUBLIC UTILITY PURPOSES (Armada Drive), over, under, upon
and across the real property as described in Exhibit "A" consisting of one (1) page, attached hereto and made a part
hereof. Exhibit "B" consisting of one (1) page is attached for clarity only.
DATED flA! 30, } 445 CARISBAD RANCH COMPANY, LP.,
STATE OF CALIFORNIA )
\
A CALIFORNIA LI"IED PARTNERSHIP
(Name of Company)
COUNTY OF SAN DIEGO j
On UMY %,I99 5 before me, KME~ 4 . pH-,
'C". UJ CI t (here insert name and title of the !Ecer), Lrsfnal; appeared eKlSnpk2 e. ck/G! persondb
known to me ( to be the persmbed tm
instrument and acknowledged to me that l@%w%ey executed the same in p * authorized capacityo, and that by
@k+f&ef~~on the instrument the person(+ or the entity upon behalf of which the person@+acted, executed the
instrument.
to
7
I
(seal)
By: Carltas Comeany, a Wornia Limited Partnership, General Partner
ion, General Partner
'i or Print)
Title President (Type or Print)
.~ .. , . t i$ ._
B B c)
MAIL THIS STATEMENT AS DIRE<;TED ABOVE
rl) EXHIBIT "A" PR 3.4.241 0 ROAD EASEMENT FOR ARMADA DRIVE 496
ALL THAT PORTION OF LOT 2 OF MAP NO. 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, DECEMBER 28, 1993 AS FILE
NO. 1993-0876429 OF OFFICIAL RECORDS, BEING MORE: PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF LOT 5 OF SAID MAP NO. 13078;
THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 2 , NORTH 88 O 26 ' 20T1
WEST, 11.11 FEET TO THE BEGINNING OF A NON-TANGENT 736 -00 FOOT
R"LDIus CURVE CONCAVE TO THE EAST, A RADIAL TO SAID POINT BEARS
SOUTH 83O 36' 20" WEST; THENCE LEAVING THE SOUTHERLY LINE OF SAID
LOT 2 AND NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 09O 04' 12", AN ARC DISTANCE OF 116.51 FEET TO THE
BEGINNING OF A COMPOUND 83.00 FOOT RADIUS CURVE CONCAVE TO THE
EAST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 22O 35' 28", AN ARC DISTANCE OF 32.73 FEET TO THE
BEGINNING OF A REVERSE 87.00 FOOT WIUS CURVE CONCAVE TO THE
NORTHWEST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH
A CENTRAL ANGLE OF 20° 09' 16", AN ARC DISTANCE OF 30.60 FEET TO A
POINT OF CUSP WITH THE EASTERLY LINE OF SAID LOT 2; THENCE, ALONG
SAID EASTERLY LOT LINE, SOUTH 05O 06' 44" WEST, 30.81 FEET TO THE
BEGINNING OF A TANGENT 725.00 FOOT RADIUS 'CURVE CONCAVE TO THE
EAST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 1l0 37' 42" I AN ARC DISTANCE OF 147.14 FEET TO THE
POINT OF BEGINNING.
AREA = 0.04 ACRES (1624 S .F. )
SHEET 1 OF
F:\WP\89-1014\LEGALS.LT2
5/zi i.(s
DATE
1
,*
~~
~4L!!@ON
21 1-023-01
xu: 1 *= 100'
-"
MAP 13078
21 1-023-03
mw LEGEND: BASIS OF BEARINGS:
" BI~NG LOT UNES coum DRM & SHOWN ON MAP NO.
v/n AREA OF DED'CATloN . A PORTlON OF ME CENTFZLINE OF CAR THE BAsts OF BEARINGS FOR THIS PLAT IS
12242. I.€ NORTH 6730'37' W.
LEGAL DESCRIPTION:
LOT 2 OF MAP NO. 13078
A.P.N. 21 1-023-01