Loading...
HomeMy WebLinkAboutPR 99-38; Steiner, Joseph R. and Marian; 2000-0135378; Easement, \,f ,.,\ “; , RECORDED REQUEST OF First American Title SUBDIVISION MAPPING DEPT. RECORDING REQUESTED BY: WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, CA 92008 MAIL TAX EXEMPT STATEMENTS TO: EXEMPT 8733 DOG #I 2000-0135378 Mar 16, 2000 4:59 PM IFFICIAL REcmS SAN DIEM COUNTY f?ECNDER’S DFFICE GREGw ikfIM YEoEMmER DC; ‘#I IIIll~illnlll~nll~ll~~nlIH#IAAII 2000-0135378 $~&~~::&6~vE I HIY LINE ruK ~\CUW~UL~= v G -3 : (. ,~, I The undersigned grantor(s) d&&&$~~ ‘?I,(’ ‘:1 ( ,,’ Documentary transfer tax is#&&&&‘:‘~ 1i ” “ ,I:‘, I’ ;Plsse.seor’e Parcel No.: 215-050-58 Project No. B Name: CT 97-l 5 ( ) computed on full value @‘property @$$$&ed, or 1, FOR A VALUABLE CGNSI~ERATION, receipt ofwhich’is hereby acknowledged, Joseph R.‘Steiner and Marian Steiner, husband and wife as joint tenants:‘ hereby GRANTS to “ a_,, City of Cartebad, ai”!+unicipal Corporation I 3 jlj ,i / the following~%%%$$ed real property in the City of CartsbiG, “kounty.,of.Z3~n~ ‘@ego, State of California: an easement for public’street and public utility purposes over; under; $$on and across said real property,‘together withan easement for drainage purposes over,,under, Upon and across said real property together with the right to construct, grade, inspect, operate, maintain, repair, replace and.,remblit?“‘dl;ainage facilities and features within the boun& of said easement as described in Exhibit “A” consisting of two pages,‘attached heretoand made a part hereof, together with the right to extend excavation and embankment slopes beyond the limits of said right of way. Exhibit “B” consisting of two pages is attached for clarity only. Joseph’F& Steiner and Marian Steiner; husband and wife as joint : “i .:‘a ‘_/_: : tenants STATE OF ~,A#&&,,/&&@ I *’ )(, 5:) if, ” “’ COUNTY OF n Ark ‘, 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 acknowledged 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 pers (s), or the entity upon behalf of which the person(s) a , executed the instrument. Title: (Type or Print) By: (Sigharie) Name:H/&/-fl M) v+ ,&&?& (Type or Pzt) Title: (Type or Print) MASTERS/FORMS/GRANT DEE Rev. 1 l/03/97 _ . s - 8734 GOVERNMENT CODE 27361.7 I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT TOWH~CHTHISSTATEMENTI~A~-TACHED.READSA~FOLLOWS: Name of the Notary: 6*g c- ovxfc~~ Commission Number: Date Commission Expires: County Where Bond is Filed: Manufacturer or Vendor Number: (Located on both sides of the notary seal border) Signature: / Firm Name (if applicable) Place of Execution: s Date: : L-.-. :;:,;5 .: ,.:, 7/j;;, 8735 EXHIBIT “A” LEGAL DESCRIPTION JOSEPH R. STEINER AND MARIAN STEINER PR. 99-38 (POINSETTIA LANE & DRAINAGE EASEMENT) THOSE PORTIONS OF PARCEL 1 OF PARCEL MAP NO. 2244, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 10, 1974, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 1 (POINSETTIA LANE) BEING A 102.00 FOOT WIDE STRIP OF LAND LYING 51 .OO FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE NORTHWEST CORNER OF PARCEL 2 OF SAID PARCEL MAP NO. 2244, SAID POINT BEING OCCUPIED BY A 1 INCH IRON PIPE STAMPED “L.S. 2789” AS SHOWN ON SAID PARCEL MAP NO. 2244; THENCE ALONG THE WESTERLY LINE OF SAID PARCEL 2, SOUTH OO”56’11” EAST (SOUTH O”55’49” EAST PER PM NO. 2244), 378.46 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 1400.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 15”54’08” WEST; THENCE LEAVING SAID WESTERLY LINE, EASTERLY AND NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 45”43’07” A DISTANCE OF 1117.12 FEET TO AN INTERSECTION WITH THE SOUTHERLY LINE OF SAID PARCEL 1, SAID POINT BEING THE TRUE POINT OF BEGINNING AND A POINT HEREINAFTER REFERRED TO AS POINT “A”; THENCE CONTINUING NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02”14’31” A DISTANCE OF 54.78 FEET; THENCE NORTH 57”56’30” EAST, 211.93 FEET TO A POINT ON THE NORTHERLY LINE OF SAID PARCEL ?, SAID POINT BEING THE POINT OF TERMINUS. THE SIDELINES OF SAID 102.00 FOOT WIDE STRIP OF LAND TO BE SHORTENED OR EXTENDED SO AS TO TERMINATE SOUTHWESTERLY IN THE SOUTHERLY LINE OF :PvdB M:\Legals\l751\18\(REV.)018A01.doc WO 1751-18 7/6/99 :I. PAGE 1 OF 2 ,r’ -, . . 8736 PARCEL 1 OF SAID PARCEL MAP NO. 2244 AN6 NORTHEASTERLY IN THE NORTHERLY AND EASTERLY LINE OF SAID PARCEL 1. THE HERINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.603 ACRE MORE OR LESS. PARCEL 2 (DRAINAGE EASEMENT) BEING A 15.00 FOOT WIDE STRIP OF LAND LYING 7.50 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE HEREINABOVE DESCRIBED POINT “A”; THENCE ALONG THE SOUTHERLY LINE OF PARCEL 1 OF SAID PARCEL MAP NO. 2244, NORTH 89”49’47” EAST, 98.57 FEET TO A POINT ON THE SOUTHEASTERLY SIDELINE OF THE HEREINABOVE DESCRIBED PARCEL 1; THENCE LEAVING SAID SOUTHERLY LINE ALONG SAID SOUTHEASTERLY SIDELINE, NORTH 57”56’30” EAST, 132.09 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID SOUTHEASTERLY LINE, SOUTH 43”58’38” EAST, 19.63 FEET TO A POINT ON THE SOUTHERLY LINE OF PARCEL 1 OF SAID PARCEL MAP NO. 2244, SAID POINT BEING THE POINT OF TERMINUS. THE SIDELINES OF SAID 15.00 FOOT WIDE STRIP OF LAND TO BE SHORTENED OR EXTENDED SO AS TO TERMINATE NORTHWESTERLY IN THE SOUTHEASTERLY SIDELINE OF THE HEREINABOVE DESCRIBED PARCEL 1 AND SOUTHEASTERLY IN THE SOUTHERLY LINE OF PARCEL 1 OF SAID PARCEL MAP NO. 2244. JOHN W. HILL, JR. L.S. 5669 HUNSAKER 8, ASSOCIATES SAN DIEGO, INC. :PvdB M:\Legals\1751\18\(R~.)018A01 .doc WO 1751-18 716199 : J PAGE 2 OF 2 BASIS OF BmNGS: THE R&IS OF BEARINGS FOR THIS DRAWING IS THE NORTH LINE OF PARCEL 2 OF PARCEL MP NO. 2244, i.e. N 89’49’47”E. NUMBEd DELTA RADIUS LENGTH Cl 00@16’03” 7000.00 32.68 c2 03’44’37” 7000.00 457.36 LEGEND= INDICATES STREET DEDICATION 0.603 ACRE INDICATES DRAllvqGE EASEMENT DEDICATION -0 F4 Q INDICATES FOUND 1 n IRON PIPE II STAMPED “L.S. 2789” PER PM NO. ‘, 2244 Gj ( ) INDICATES RECORD DATA PER PM NO. 4 2 2244 &AssocMns LEGAL DESCRIPTION IY SAN OIEGQ INC PORTION OF PARCEL 1, PARCEL I MNN*Ic wu9lkmdm!sstutczoo MAP NO. 2244, IN THE CITY OF ENCHEERING smokgv,ca9nn cARLSR40, COLJNN OF SAN DIEGO, S- H@!@SMW - FXt6l9bbUU STATE OF CALIFORNIA. Rz\oo2s\tJrJz~r.om; sHEET1~2 DEDiCATION PUT - Cl7Y OF CARlSR4D \PPLIC,$NT: ‘REPARED By: PROJECT: A.P.N.: WESTERN PACIFIC l-!CU!jING 2385 CAMIND VIDA ROKE 9wL IL q zKJwqq PoIIvsEntA UN& 215-050-58 SUITE 107 CARLSBAO, CA 92009 DtwfuGP~~m (619) 929-1600 JOId& W. HILL, JR. L.S. 5669 EXPIRES: g/30/99 PR. 99-38 IBIT 99 . - . N’LY LINE PHRCEL 1 1 _--------- -- PAJw%L -1 rA1, 2244 _---_--- --_----- ---- PARC%L 2 p J\/, 2244 J A A INDICATES EASEMENT PER INSTRUMENT RECORDED FEBRUARY 28, 1974 AS flLE NO. 74-050348 OF OFFlChIL RECORDS. A El INDIUTES EASEMENT PER INSTRUMENT RECORDED JAN&WY 10, 1974 AS flLE NO. 74-007317 OF OFFKML RECORDS. A C INDlcl TES EASEMENT PER INSTRUMENT RECORDED FEBRLMRY 2,1965 AS FILE NO. 188 16 OF OFFICML RECORDS. HUNSAKER & ASSOCIATES 6. SAN DIECQ INC 0 60 120 180 plANlwG m79-stwtc200 WGINEERING SanDlqo,Ca9Zl2l SURVMNC PH(6l9b5&45W * FXt6l9~Ul4 SCALE 1” = 60’ R’\0025\0025utl2.0m; SHEET2OF 2 DEDIC+477ON PfAT - ClTy OF CARLSRAD 4PPLI CANT: bREPAREO By: PROJECT: A.P.N.: WESTERN PACIFIC HOUSING 2385 CAMINO VIDA ROBLE lWlNSETnt4 LANE kq. AND 215-050-58 SUITE 107 qb-dmc 21 jvLY49 CARLSBAD, CA 92009 JOtif W. HILL, JR. L.S. 5669 DIWhM4E9$4~$4fENT IT (619) 929-1600 EXPIRES: g/30/99 . 8739 STATE OF CA 1 COUNTY OF }ss. ) &.& 16 I@$? before me, , />,j’/7/& / personally appeared Mm/&J sf+Q h pf , personally known to me (or proved to me on the basis of satisfactory evidence) to be the perso:@ whose name&&& subscribed to the within instrument and acknowledged to me that b/e&bdy executed the same in M&b& authorized capacity(&), and that by hC4-r signature@) on the instrument the personfi) or the entity upon behalf of which the person@) acted, executed the instrument. WITNESS my hand and official seal. ‘7 Signature (’ k&o I- ,’ AG4&-/$ $@J wa I ,’ I Title of Document mj- &ac/ of &JS&Yjp]]f Date of Document /g - /o - w No. of Pages 5 Other signatures not acknowledged L /&I~=,& J?, sf&/;, &i/ J 3008 (1194) (General) First Amertcan Title Inwrance Company CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the deed or grant dated 12-27-99 ,fkom JoseDh R. & Marian Steiner , 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:mch 16, 7000 LORRAINE M. WOOD, City Clerk Mar-19-00 04:41P FAT--Downtown 619- 38 1934 P-01 First American Title Insurance Company 411 IW STREET l SAN DIEGO, CALlFORNlAQZlOl DATE : March 13,200O TO : CITY OF SAN DIEGO FAX NO : (760) 602-8558 \ t> 2 i : ,’ I “, 3’ : , t, MAR 1 4 2oIx) _ FAXTRAN!SMlT’TAL ,‘_‘, ,:. ;, .,; ,: I :;. ‘:: *‘.,. : _ . . . ,.- ESCROW NO: 99-8789AS ATTN : Clyde Wicicham FROM : Marta Hyde for Angelique Sizemore 'T0TALsNUMBEROFPAG&k 7 WBJECT: JOSEPH R. STEINER and MARIAN STEINER Preliminary Title Report dated June 30, 1999 for your review. (INCLUDWGTHISPAGE) IMPORTANT NOTE Should any of these papers require an ORIGUWL SIGNA-, Please take a XEROX COPY BEFORE SIGNING. We will not mxept M 0riginal Slgnnture 011 FAX paper. Thank you for your cooperation in Ws matter. THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED OR CONFIDENTIAL, IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING THE MESSAGE TO THE INTENDED RECIPIENT YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE READ THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS VIA THE U.S. POSTAL SERVICE. IF YOU DO NOT RECEIVE ALL PAGES AS INDICATED OR HAVE PROBLEMS IN RECEIVING THlS FAX, PLEASE CONTACT THE ABOVE SENDER AT: (61912314685. OUR RETURN FAX NO. IS: (619) 238-1934. 1934 P-02 ORDER NO. 129429411 Mar-13-00 04:41P FATr--Downtown - 619 38 FLRST AMERICAN TITLE INSURANCE COMPANY 411 TVY STREET, SAN DIEGO, CALIFORNIA 92101 P.O. BOX 808, SAN DIEGO, CALIFORNIA 92112 (619) 238-1776 JUNJZ 30,1999 WESTERN PACIFIC HOUSING 2385 CAMlNO VKDA ROBLE, SulTE 107 CARLSBAD. CA 92009 ATTENTION: RYAN GREEN YOUR REF. LOHF OFF SITE STEINER OUR ORDER NO. 1204294- 11 IN RESPONSE TO THE HEREIN REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, THIS 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 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 HEREIN. COPIES OF THE POLICY FORMS SHOULD BE READ. THEY ARE AVAILABLE FROM THE OFFICE WHICH 1SSUED THIS REPORT. PLEASE READ THE EXCEPTIONS SHOWN OR REFERRED TO BELOW AND THE EXCEPTIONS AND EXCLUSIONS SET FORTH IN EXHIBIT A 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 THE ‘ITTLE 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 A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR CO MMITMENT SHOULD BE REQUESTED. DATED AS OF AFRIL I,1999 AT 7:30 A.M. DISt#T but PEONE - 231-4652 FAX NO. 231-4647 PAGE 1 var-13-00 04t42P FATCA-Downtown 619 “‘38 1934 P-03 ORD% NO. d%kCWderNumbe THE FORM OF POLICY TlTLE INSURANCE CONTEMPLATED BY THIS REPORT IS: TO BE DETERMINED TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: JOSEPH R STEINER AND MARLAN STEINER, HUSBAND AND WIFE AS JOINT TENANTS THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: FEE AND EASBMENT THE LAND REFERRED TO HEREIN IS DESCRIBED AS FOLLOWS: (SEE ATTACHED LEGAL DESCRIPTION) AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY FORM WOULD BE AS FOLLOWS: I. GENERAL AND SPECIAL. TAXES FOR THE FISCAL YEAR 1999-2000, A LIEN, NOT YET PAYABLE. 2. SECOND MSTALLMENT, GENERAL AND SPECIAL TAXES FOR THE FJSCAL YEAR 1998-99, A LIEN NOT YET DELINQUENT. 3. THE LIEN OF SUPPLEMENTAL TAXES OR ASSESSMENTS, IF ANY, ASSESSED PURSUANT TO CHATTER 3.5 COMMENCING WITH SECTION 75 OF THE CALIFORNIA IUXENUE AND TAXATION CODE AND ANY OTHER APPLICABLE STATUTES OF THE CALIFORNIA REVENUE AND TAXATION CODE. SUPPLEMENTALTAXES; THE REQUREMENT THAT THIS COMPANY BE FURNISHED WITH ALL SUPPLEMENTAL TAX BILLS, IF ANY, FROM THE OWNER OF THE HEREIN DESCRIBED PROPERTY BEFORE CLOSE OF ESCROW. 4. AN EASEMENT FOR EITHER OR BOTH POLE LINES, UNDERGROUND CONDUITS AND INCIDENTAL PURPOSES TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY BY INSTRUMENT RECORDED DECEMBER 17,1953 IN BOOK 508 1, PAGE 365 OF OFFICIAL RECORDS. THE ROUTE OF SAID EASEMENT IS SET OUT IN SAID DOCUMENT AND AFFECTS A PORTION OF THE HEREIN DESCRIBED PROPERTY. PAGE 2 Mar-13-00 04:42P FATCP-Downtown 4 619,"38 1934 P-04 ORDg NO. uTitIeOrderNumberH SAID INSTRUMENT FURTHER RECITES: “IT IS UNDERS’IOGD BY THE PARTIES HERETO THAT THE GRANTEE MAY PLACE, ERECT AND MAINTAlN ON THE LANDS OF THE GRANTOR ADJACENT TO THE ABOVE DESCRIBED RIGHT OF WAY SUCH ANCHORAGE AS MAY BE NECESSARY TO PROPERLY GUY THE POWER LINE ERECTED OVER SAID RIGHT OF WAY.” REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 5. AN EASEMENT FOR EITHBR OR BGTH POLE LINES, UNDERGROUND CONDUITS AND INCIDENTAL PURPOSES TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS IN FAVOR OF SAN DIEGO GAS AND ELECTRlC COMPANY BY JNSTRUMENT RECORDED DECEMBER 12,1%1 AS FILENO. 214437 OF OFFICIAL RECORDS. THE ROUTE OF SAID EASEMENT IS SET OUT IN SAID DOCUMENT ANDAFFECTSA PORTION OF THE HEREIN DESCRIBED PROPERTY. SAID LhJSTRUMENT FURTHER REClTES: “IT IS UNDERSTOOD BY THE PARTIES HERETO THAT THE GRANTEE MAY PLACE, ERECT AND MAINTAIN ON THE LANDS OF THE GRANTOR ADJACENT TO THE ABOVE DESCRIBED RIGHT OF WAY SUCH ANCHORAGE AS MAY BE NECESSARY TO PROPERLY GUY THE POWER LINE ERECTED OVER SAID RIGHT OF WAY.” REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 6. AN EASEMENT AND RJGHT OF WAY FOR ROAD AND UTILITY AND INCIDENTAL PURPOSES AS GRANTED BY INSTRUMENT RECORDED FEBRUARY 2,1965 AS FILE NO. 188 16 OF OFFICIAL RECORDS, AND THE RIGHT OF OTHERS TO USE SAID EASEMENT AS CONVEYED OR RESERVED IN VARIOUS OTHER INSTRUMENTS OF RECORD, OVER, UNDER, ALONG AND ACROSS THE EASTERLY 20 FEET OF PARCEL A HEREM DESCRIBED. 7. THE PARCEL MAP REFERRED TO IN THE LEGAL DESCRIPTION HEREIN CONTAINS VARIOUS RESTRICTIONS IN IMPROVING OR DEVELOPING THE PROPERTY HEREIN DESCRIBED. REFERENCE IS MADE TO SAID PARCEL MAP FOR FURTHER PARTICULARS. 8. AN EASEMENT AND RIGHT OF WAY FOR ROAD AND UTILITY AND INCIDENTAL PURPOSES AS RESERVED BY INSTRUMENT RECORDED FEBRUARY 28,1974 AS FILE NO. 74-050348 OF OFFICIAL RECORDS, AND THE RIGHT OF OTHERS TO USE SAID EASEMENT AS CONVEYED OR RESERVED IN VARIOUS OTHER MSTRUMENTS OF RECORD, OVER, UNDER, ALONG AND ACROSS THE SOUTHERLY 20 FEET OF PARCEL A HEREIN DESCRIBED. PAGE 3 Mar-13-00 04:43P FATCI-Downtown 619 "38 1934 P-05 ‘v’ 10. 11. ORD& NO. ccTitleOrderNumbern A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL PRINCIPAL SUM OF $80,000.00, AND ANY OTHER AMOUNTS OR OBLIGATIONS SECURED THEREBY, RECORDED SEPTEMBER 30,1992 AS FILE NO. 1992-0618809 OF OFFICIAL RECORDS. DATED: SEPTEMBER LO,1992 TRUSTOR: JOSEPH R. STEINER AND MARIAN sTEINE~wHoAREMARRrED TO EACH OTHER TRUSTEE: EQUITABLE DEED COMPANY, A CALIFORNIA CORPORATION BENEFICIARY: BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION, WHICH IS ORGANZED AND EXISHNG UNDER THE LAWS OF THE UNITED STATES OF AMERICA THE BENEFICIAL INTEREST UNDER SAlD DEED OF TRUST WAS ASSIGNED TO GMAC MORTGAGE CORPORATION BY ASSIGNMENT RECORDED OCTOBER I,1998 AS FILE NO. 1998-06295 19 OF OFFICIAL RECORDS. RESOLUTION NO. 97-528 OVERRULING AND DENYING PROTESTS AND ESTABLISHING BRIDGE AND THOROUGHFARE DISTRK!T NO. 2 (AVIARA PARKWAY- POINSETTIA LANE) TO FINANCE THE COSTS OF MAJOR I’UBLIC IMPROVEMENTS IN SAID CITY, RECORDED JULY 22, 1997 AS FILE NO. 1997-0349124 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. ANY EASEMENTS AND/OR SERVITUDES AFFECI’ING EASEMENT PARCELS B, C AND D HEREIN DESCRIBED. 1998-1999 TAX INFORMATION CODE AREA: 09165 PARCEL NO.: 215-050-58-00 1 ST INSTALLMENT: $644.49 PAID 2ND INSTALL- $644.49 OPEN LANDVALUE: $53,670.00 IMPROVEMENTS: $69,154.00 EXEMPT: $7,000.00 PAGE 4 Mar-13-00 04:43P FATCA-Downtown * 4?-. ” M I+ I( , (! -1 .l. +f?!!e? 4 a . & 619-38 1934 ORD& NO. &‘itleOrderNumben, LEGAL DESCmON THELAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRJBED AS FOLLOWS: PARCEL A: PARCEL 1 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN AT PAGE 2244 OF PARCEL MAPS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 10,1974. PARCEL B: AN EASEMENT AND RIGHT OF WAY FOR ROAD AND PUBLIC UTILITY PURPOSES, OVER UNDER, ALONG AND ACROSS A STRIP OF LAND 20.00 FEET IN WIDTH LYING WITHIN PARCEL 2, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN AT PAGE 2244 OF PARCEL MAPS, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 10,1974, THE NORTHERLY LINE OF SAID 20.00 FOOT STRTP BEING THE SOUTHERLY LINE OF PARCEL A, HEREINABOVE DESCRIBED. SAID EASEMENT TO TERMINATE EASTERLY AND WESTERLY ON THE SO UTHERLY PROLONGATION OF THE WESTERLY AND MOST EASTERLY LINES OF SAID PARCEL A. PARCEL c: AN EASEMENT FOR ROAD AND PUBLIC UTILlTY PURPOSES AND INCIDENTALS THERETO OVER, UNDER ALONG AND ACROSS THE NORTHERLY 20.00 FEET OF THAT PORTION OF PARCEL 2 IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN AT PAGE 2244 OF PARCEL MAPS, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 10, 1974, LYING WESTERLY OF THE WESTERLY LINE OF PARCEL A ABOVE DESCRIBED. PARCEL D: A PERMANENT AND NON-EXCLUSIVE EASEMENT AND RIGHT OF WAY FOR ROAD AND PUBLIC UTILITY PURPOSES AND INCIDENTALS THERETO OVER, UNDER, ALONG AND ACROSS THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY, FOR THE BENEFJT AND USE OF THE PRESENT AND FUTURE OWNERS OF ALL OR ANY PART OF THE NORTH ONEHALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 26. SAID EASEMENT TO BE 40.00 FEET IN WIDTH, THE CENTERLINE OF WHICH BEING DESCRIBED AS FOLLOWS: P-06 PAGE 5 M+rr13-00 04344P FAT--Downtown 619 -38 1934 ‘E;;; ORD NO. dWIeOrderNumberw BEGINNING AT A POINT IN THE WESTERLY LINE OF SAL0 NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 26, DISTANT ALONG SAID WESTERLY LINE SOUTH OO”37’04” EAST, 183.00 FEET FROM THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER OF ‘I-HE NORTHEAST QUARTER; SAID POINT BEING IN THE ARC OF A NON- TANGENT 200.00 FOOT RADIUS CURVE CONCAVE SOUTHERL Y, THROUGH WHICH POINT A RADIAL BEARS NORTH 09’58’06” WEST; THENCE EASTERLY ALONG THE ARC OF SAXD CURVE THROUGH A CENTRAL ANGLE OF 03”28’06” A DISTANCE OF 12.11 FEET, THENCE TANGENT TO SAID CURVE NORTH 83”30’00” EAST A DISTANCE OF 62.00 FEET TO THE BEGINNING OF A TANGENT 100.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 35°55’OO” A DISTANCE OF 62.69 FEET TO A POINT OF REVERSED CURVATURE WITH A 150.00 FOOT RADIUS CURVE CONCAVE NORTHERLY, THROUGH WHICH POINT OF REVERSED CURVATURE A RADIAL BEARS NORTH 29%‘00” EAST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 60.00 FEET MORE OR LESS TO THE WESTERLY LINE OF COUNTY ROAD SURVEY NO. 1800-l KNOWN AS EL CAMINO REAL. P-07 THE SIDELINES OF SAID 40.00 FOOT STRIP SHALL BE LENGTHENED AND/OR SHORTENED AS TO TERMINATE IN SAID WESTERLY LINE OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 26 AND IN SAID WESTERLY LINE OF EL CAMINO REAL. PAGE 6