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HomeMy WebLinkAboutPR 99-83; Continental Residential, Inc.; 2000-0158239; EasementIj , * ,. , II ‘ . r l* w 03~ # h. RECORDING REQUESTED BY: 1 520i DOG I# 2000-0158233 Mar 2gr 2000 12:Ol Ptl WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, CA 92008 MFlCIAL RECORDS SAN DIEGII !XUliTY RECORDER’S OFFICE EREG!lRY JtiMTHs CDlfTY$CCtRDER oci ‘Ho MAIL TAX EXEMPT STATEMENTS TO: EXEMPT 2000-0158239 The undersigned grantor(s) dec!a No.: 222-600-05 & 222-600-01 ,‘ 2‘ ‘ L ;~ i,,~ ‘; ‘, ‘., i, ,, :,,_ 4&,:~*. ,ZI, 3 ! :,i : : GRANT DEEQ OF Q’4S,EMENT &,&. 3s :^ :-: L s ** lki~(*(d$?Al~hl ,e 4%;: Irl%,.‘- (_ s ,, )‘ ‘_ e :y‘: (j FOR A VALUABtiE C@l$$JERATION, receipt of which is hereby acknowledge& Continental Residential Inc a California car ,oration i- ‘( a California corporation, successor by merger to Con Inental karich, Inc,;%$iIelaware oorp&ation P fgrmerly known asi% &.W &&tments, Inc., hereby GRANTS to City of Carfsbad, a %iIanicipal ‘G& oration 3 _( e Cityof &#lsh,d, 1, cdrainage ptlrposes,~~~rlescy;b~alin’~xhibit “‘A’ and made a part herecf: Zxhib#;,%” consisting “>‘<:f ,,$ j,. ,q ,i:l 1 ‘; [;,*; t (_ % !;:<i:; (5: 3 -, Lit: ) .‘$S “i: Centin&&l Residential, Inc. STATE OF CALIFORNIA COUNTY OF SAN DIEGO / (Name of Company) :fl, :( Z”’ By: On f-e 17, Loo0 before me, Name: PW!D A I cbrw (here insert name and title of thz officer), /daa-ffk.W~..~~ B&O personally appeared &-?&4&. ~~&J&~~le: (Type or Print) yl &i% fmg By: (Signature) on the instrument the person@, or the entity upon behalf of which the person@cted, executed the instrument. Name: %ln &lrcu? (Type or Print) MASTERS/FORMS/GRANT DEED FORM Rev. 11/03/97 - 5203 i - 5620 Friars Road San Diego RICKENGINEERINGCOMPANY California 92110-2596 (619)291-0707 Legal Description J-l 2960 DRAINAGE AND ACCESS EASEMENTS IN RANCH0 CARRILLO VILLAGE “Q” PHASE 1 TO FACILITATE BRESSI EASEMENTS By: RB/jb.003 Date: December 6, 1999 Page 1 of 1 PR 99-83 Exhibit “A” Parcel “A” (Public Access Easement) TC Ref. co. Order No. Date Descr. Rev. By That portion of Lot 103 of Carlsbad Tract No. 93-04, Ranch0 Carrillo Village “Q” Phase 1, in the City of Carlsbad, County of San Diego, State of California, according to Map No. 13551 on file in the Office of the San Diego County Recorder, more particularly described as follows: Beginning at the Northwest corner of said Lot 103; thence along the Northerly line thereof South 89”26’46” East 20.00 feet; thence outh 1 +i “59’41” East 16.00 feet; thence South 17” 1 1’07” West 23.96 feet to the f We terly line of said Lot 103; thence along said Westerly line North 22”45’22” West 42.00 feet to the Point of Beginning. Containing 0.011 acres, more or less. Parcel “B” (Public Drainage Easement) That portion of Lot 110 of Carlsbad Tract No. 93-04, Ranch0 Carrillo Village “a” Phase 1, in the City of Carlsbad, County of San Diego, State of California, according to Map No. 13551 on file in the Office of the San Diego County Recorder, more particularly described as follows: Commencing at the Northeast corner of said Lot 110; thence along the Northerly line thereof North 89”26’46” West 64.74 feet to the TRUE POINT OF BEGINNING; thence South 22”45’22” East 50.51 feet; thence South 67”14’38” West 20.00 feet; thence North 32”13’32” West 43.18 feet; thence North 74”49’00” West 71.27 feet to said Northerly line of Lot 110; thence along said Northerly line South 89”26’46” East 90.71 feet to the Point of Beginning. Containing 0.044 acres, more or less. -& 4@ . fly* RE103 4/99 (TrJ * ilig!is * %wd E LEGEND SHEET I OF I m INDICATES PUBLIC DRAINAGE EASEMENT INDICATES PUBLIC ACCESS EASEMENT aAsIS OFB&lRfNGS THE NORTHERLY UNE OF LOT I03 OF MAP 13551. IE. N892646W EG44 DESCtQlPZfON VICINITY MAP ~0 \ \ PORTIONS OF LOTS IO3 AN0 I10 OF HAP l355i. IN THE CITY OF CARLSBAD. COUNTY OF SAN DIEGO, STATE OF CALlFORNlA PU~UC PmAr;g~L 07 ACCESS ESMT. PM 1763 AFN 2f3-03~I8 \ \ ““7 \ P$;OSED &Ii,?‘- ii?iiiii ---------- \ \ \ \ \ “, N8926%+, \ 902-r -+. “b. N3273’32W / PL?f?T’/ GYY OF i=ARcEL / PM 1763 BEARINGS N892646W 7 2onY RICK ENGINEERING COMPANY CML ENGINEERS SURVEYORS~ PLANNERS 5620 FMARS ROAD, SAN DIEGO CA. 92110-2596 PHONE, (619) 291-0707 PROJECT NUMBERB /2g60 DATE8 6-10-99 LOT l/O MAP /355/ \” MAP /35Zi/ Nlr594lW 16DY OOi4 ACRES APN 222-6OU-05 ExwB/~ l Bo PUT TO /LLUSTRA TE LEGAL DEscR/PT/ON OF #W3..lC LXWNAGEAND PUl3LlC ACCESS EXSEMENTS PR 99-83 Ul\d-l1994\dny,It~I.d~ 19-JAN-2000 13836 - - 5205 CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the deed or grant dated January 28, 2000 ,from Continental Residential Inc. , to the City of Car&bad, 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: k t City Clerk w f\ LA TO: File 5620 Friars Road San Diego California 92 1 lo-2596 (619) 291-0707 FAX: (619) 291-4165 A RICK ~NGWEkJG COMPANY - i ,., I., i- : . . F 1 c ‘\ FROM: Craig Kahlen DATE: April 21, 1999 SUBJECT: CONFERENCE REPORT J- 12960 RANCH0 CARRILLO - OFFSITE DRAINAGE EASEMENTS Present: Bob Wojcik - City of Carlsbad Engineering Department Dave Lother - Continental Ranch Craig Kahlen - Rick Engineering Company The following was discussed: . -- 1. ‘- The City will accept drainage easemknts over the following storm drain culverts on the offsite l , Bressi Ranch property: l 66” pipe under El Fuerte l 84” pipe under the Bressi “farm dam” l 1 IV’ pipe under the sewer embankment easterly of the El Fuerte embankment l 48” pipe under the sewer embankment easterly of the El Fuerte embankment 2. An access easement will be required to each storm drain easement. Access to the headwalls will not be required for the Bressi “farm dam” pipe, and the two pipes under the sewer embankment. Access to the headwalls for the 66” El Fuerte culvert will be required. The access easement will follow the existing graded access roads from Poinsettia and El Fuerte. 3. Legal descriptions and plat maps will be prepared and submitted to the City for review. . Craig J%hlen CJK:rh\ 1296O\confipt\9900 1 .doc cc: Bob Wojcik - City of Carlsbad Dave Lother - Continental’Ranch a “i : &S - ? ORDER NO. 1221929-6 FIRST AMERICAN TITLE INSURANCE COMPANY 411 IVY STREET, SAN DIEGO, CALIFORNIA 92101 P.O. BOX 808, SAN DIEGO, CALIFORNIA 92112 (619) 238-1776 FEBRUARY 23,200O CONTINENTAL HOMES 2237 FARADAY AVENUE #lOO CARLSBAD, CA 92008 ATTENTION: DAVID LOTHER YOUR REF. RANCH0 CARRILLO VILLAGE Ql DRAINAGE EASEMENT OUR ORDER NO. 122 1929-6 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 AN EXCEPTION HEREIN 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 ISSUED 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 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 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 COMMITMENT SHOULD BE REQUESTED. DATED AS OF FEBRUARY 17,200O 7:30 A.M. DIANNE LIVING&&f- TITLdOPFICER DIRECT DIAL PHONE 231-4654 FAX NO. 231-4647 PAGE 1 ORDER NO. 1221929-6 THE FORM OF POLICY TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS: ’ PRELIMBILL TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: I CONTINENTAL RESIDENTIAL, INC., A CALIFORNIA CORPORATION, FORMERLY KNObN AS L & W INVESTMENTS, INC., A CALIFORNIA CORPORA’ITON, SUCCESSOR BY MERGER TO CONTINENTAL RANCH, INC., A DELAWARE CORPORATION THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRbD TO COVERED BY THIS REPORT IS: FEE I THE LAND REFERRED TO HEREIN IS DESCRIBED AS FOLLOWS: I (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 kE AS FOLLOWS: 1. SECOND INSTALLMENT, GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 1999-2000, A LIEN NOT YET DELINQUENT. 2. A BOND ISSUED UNDER THE 1915 ACT FOR RANCH0 CARRILLO, ASSESSMENT NO. 0000, DISTRICT 96- 1, WHICH IS CURRENTLY OR WILL BE COLLECTED ON THE TAX ROLL. PRINCIPAL BALANCE IS: $(NONE SHOWN), PROVIDED CURRENT TAXES ARE PAID. THIS IS NOT A PAY-OFF AMOUNT. IF PAY-OFF IS REQUIRED, THERE WILL BE ADDED FEES, INTEREST AND A P&-PAY AMOUNT. A DATE OF PAY-OFF WILL HAVE TO BE PROVIDED BY YOU; AS INTEREST IS COMPOUNDED DAILY. PLEASE ALLOW 15 WORKING DAYS, AS A REPORT WILL HAVE TO BE ORDERED FROM AGENCY CONCERNED. 3. THE LIEN OF SUPPLEMENTAL TAXES OR ASSESSMENTS, IF ANY, ASSESSED PURSUANT TO CHAPTER 3.5 COMMENCING WITH SECTION 75 OF THE CALIFORNIA REVENUE AND TAXATION CODE AND ANY OTHER APPLICABLE STATUTES OF THE CALIFORNIA REVENUE AND TAXATION CODE. PAGE 2 - ORDER NO. 122 1929-6 SUPPLEMENTAL TAXES: THE REQUIREMENT 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 THE INSTALLATION, CONSTRUCTION, MAINTENANCE, REPAIR, REPLACEMENT, RECONSTRUCTION AND INSPECTION OF AN ENCLOSED OR UNENCLOSED FLOOD DRAINAGE CHANNEL AND INCIDENTAL PURPOSES IN FAVOR OF THE SAN DIEGO FLOOD CONTROL DISTRICT ZONE 1, RECORDED DECEMBER 22, 1976 AS FILE NO. 76-430335 OF OFFICIAL RECORDS, LOCATED WITHINLOT 110, AS SHOWNONMAPNO. 13551. 5. AN AGREEMENT REGARDING PAYMENT OF A PUBLIC FACILITIES FEE, DATED JULY 12, 1991, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: PACIFIC SCENE INC., A CORPORATION AND CONTINENTAL HOMES INC., A CORPORATION AND THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION RECORDED: AUGUST 5,199l AS FILE NO. 1991-0390280 OF OFFICIAL RECORDS. 6. AN AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE FOR INSIDE THE BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 1 EXECUTED BY L&W INVESTMENTS, UPON THE TERMS, COVENANTS AND CONDITIONS CONTAINED THEREIN, RECORDED APRIL 14, 1993 AS FILE NO. 1993-0228560 OF OFFICIAL RECORDS. 7. THE FACT THAT SAID LAND LIES WITHIN THE COMMUNI TY FACILITIES DISTRICT NO. 1, AS DISCLOSED BY INSTRUMENT RECORDED FEBRUARY 28,1995 AS FILE NO. 1995-0085756 OF OFFICIAL RECORDS. AN AMENDMENT TO THE NOTICE OF SPECIAL TAX LIEN (NOTICE OF ANNEXATION) RECORDED FEBRUARY 28,1995 AS FILE NO. 1995-0085783 OF OFFICIAL RECORDS. 8. AN EASEMENT FOR POLES, WIRES, CABLES, UNDERGROUND FACILITIES FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY AND COMMUNICATION FACILITIES, OVERHEAD AND/OR UNDERGROUND APPURTENANCES AND INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO GAS AND ELECTRIC, RECORDED DECEMBER 23,1996 AS FILE NO. 1996-642348 OF OFFICIAL RECORDS. THE ROUTE OR LOCATION OF SAID EASEMENT CANNOT BE DETERMINED FROM THE RECORD. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. PAGE 3 ORDER NO. 122 1929-6 AN AGREEMENT REGARDING PAYMENT OF A PUBLIC FACILITIES FEE FOR INSIDE THE BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 1, DATED NOVEMBER 22, 1996, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: CONTINENTAL RANCH AND THE CITY OF CARLSBAD. RECORDED: FEBRUARY 27,1997 AS FILE NO. 1997-0087390 OF OFFICIAL RECORDS. COVENANTS, CONDITIONS AND RESTRICTIONS, BUT DELETING ANY COVENANT, CONDITION OR RESTRICTION INDICATING A PREFERENCE, LIMITATION OR DISCRIMINATION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN TO THE EXTENT SUCH COVENANTS, CONDITIONS OR RESTRICTIONS VIOLATE 42 USC 3604(C), IN AN INSTRUMENT RECORDED MAY 30,1997 AS FILE NO. 1997-0253117 OF OFFICIAL RECORDS. COVENANTS, CONDITIONS AND RESTRICTIONS, BUT DELETING ANY COVENANT, CONDITION OR RESTRICTION INDICATING A PREFERENCE, LIMITATION OR DISCRIMINATION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN TO THE EXTENT SUCH COVENANTS, CONDITIONS OR RESTRICTIONS VIOLATE 42 USC 3604(C), IN AN INSTRUMENT RECORDED MAY 30, 1997 AS FILE NO. 1997-0253198 OF OFFICIAL RECORDS. A RANCH0 CARRILLO PARKS AGREEMENT DATED APRIL 18, 1997, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION OF THE STATE OF CALIFORNIA AND CONTINENTAL RANCH, INC., A DELAWARE CORPORATION. RECORDED: JUNE 2,1997 AS FILE NO. 1997-0254867 OF OFFICIAL RECORDS. A RECREATIONAL VEHICLE STORAGE FACILITY AGREEMENT DATED MAY 13, 1997, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: CONTINENTAL RANCH, INC., A DELAWARE CORPORATION AND THE CITY OF CARLSBAD, A CALIFORNIA MUNICIPAL CORPORATION. RECORDED: JUNE 20,1997 AS FILE NO. 1997-0287913 OF OFFICIAL RECORDS. AN EASEMENT FOR UNDERGROUND FACILITIES AND APPURTENANCES FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY AND INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY, A CORPORATION RECORDED DECEMBER 3 1, 1997 AS FILE NO. 1997-0670496 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: THE EASEMENT IN THE AFORESAID LANDS SHALL BE 6.00 FEET IN WIDTH, BEING 3.00 FEET ON EACH SIDE OF THE CENTER LINE OF THE FACILITIES TO BE INSTALLED, THE APPROXIMATE LOCATION BEING SHOWN AND DELINEATED AS ‘UNDERGROUND ELECTRIC UTILITY FACILITIES” ON THE EXHIBIT “A” ATTACHED THERETO AND MADE A PART THEREOF. PAGE 4 -. ORDER NO. 1221929-6 15. 16. 17. 18. 19. THE ROUTE OR LOCATION OF SAID EASEMENT CANNOT BE DETERMINED FROM THE RECORD. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AN EASEMENT FOR UNDERGROUND FACILITIES FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY AND INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY, A CORPORATION RECORDED JANUARY 13, 1998 AS FILE NO. 1998-0016058 OF OFFICIAL RECORDS. THE ROUTE OR LOCATION OF SAID EASEMENT CANNOT BE DETERMINED FROM THE RECORD. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AN AGREEMENT REGARDING AFFORDABLE HOUSING IMPOSING RESTRICTIONS ON REAL PROPERTY, DATED MARCH 23, 1998, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: CITY OF CARLSBAD, A MUNICIPAL CORPORATION AND CONTINENTAL RANCH INC., A DELAWARE CORPOR4TION. RECORDED: MARCH 25,1998 AS FILE NO. 1998-0162920 OF OFFICIAL RECORDS. A FIRST AMENDED AND RESTATED AFFORDABLE HOUSING AGREEMENT IMPOSING RESTRICTIONS ON REAL PROPERTY, RECORDED DECEMBER 2 1,1999 AS FILE NO. 1999-0824043 OF OFFICIAL RECORDS. A SECOND AMENDMENT TO THE ABOVE AGREEMENT RECORDED JANUARY 20, 2000 AS FILE NO. 2000-0030108 OF OFFICIAL RECORDS. THE FACT THAT SAID LAND LIES WITHIN THE PROPOSED BOUNDARY MAP COMMUNITY FACILITIES DISTRICT NO. 5, SAN MARCOS UNIFIED SCHOOL DISTRICT, AS DISCLOSED BY INSTRUMENT RECORDED MARCH 30, 1998 AS FILE NO. 1998-0173345 OF OFFICIAL RECORDS. AN OFFER AND THE REJECTION OF SAID OFFER SUBJECT TO THE PROVISIONS OF SECTION 66477.2 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA FOR THE DEDICATION OF THOSE PORTIONS OF LOTS 103 AND 110 RESERVED FOR FUTURE STREET, AS SHOWN ON THE MAP OF SAID TRACT, WHICH PROVIDES THAT A REJECTED OFFER OF DEDICATION SHALL REMAIN OPEN AND SUBJECT TO FUTURE ACCEPTANCE BY THE CITY OF CARLSBAD. THE FACT THAT THE OWNERSHIP OF SAID LAND DOES NOT INCLUDE ANY RIGHTS OF INGRESS OR EGRESS TO OR FROM EL FUERTE ADJACENT THERETO, SAID RIGHTS HAVING BEEN RELINQUISHED ON MAP NO. 1355 1. AFFECTS THOSE PORTIONS OF LOTS 103 AND 110 DESIGNATED PORTION OF LOT 103 AND 110 RESERVED OF FUTURE STREET. PAGE 5 ORDER NO. 1221929-6 20. 21. 22. 23. 24. 25. AN EASEMENT FOR OPEN SPACE AND INCIDENTAL PURPOSES AS DELINEATED AND DESIGNATED ON MAP NO. 13551, SUBJECT TO ANY TERMS AND CONDITIONS CONTAINED THEREIN. AFFECTS: LOT 110. A SIGHT DISTANCE CORRIDOR AS DELINEATED AND DESIGNATED ON MAP NO. 1355 1, SUBJECT TO ANY TERMS AND CONDITIONS CONTAINED THEREIN. AFFECTS LOT 103. AN EASEMENT FOR GENERAL UTILITY AND INCIDENTAL PURPOSES AS DELINEATED AND DESIGNATED ON MAP NO. 13551, SUBJECT TO ANY TERMS AND CONDITIONS CONTAINED THEREIN. AFFECTS: LOT 110. A COMMUNITY FACILITY LOT AS DELINEATED AND DESIGNATED ON MAP NO. 13551, SUBJECT TO ANY TERMS AND CONDITIONS CONTAINED THEREIN. AFFECTS LOT 103. THE SUBDIVISION MAP REFERRED TO IN THE LEGAL DESCRIPTION HEREIN CONTAINS VARIOUS RESTRICTIONS IN IMPROVING OR DEVELOPING THE PROPERTY HEREIN DESCRIBED. REFERENCE IS MADE TO SAID SUBDIVISION MAP FOR FURTHER PARTICULARS. THE LIMITATIONS, COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS, TERMS, LIENS, ASSESSMENTS, PROVISIONS AND CHARGES, BUT DELETING ANY COVENANT, CONDITION OR RESTRICTION INDICATING A PREFERENCE, LIMITATION OR DISCRIMINATION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN TO THE EXTENT SUCH COVENANTS, CONDITIONS OR RESTRICTIONS VIOLATE 42 USC 3604(C) AS CONTAINED IN THE DECLARATION OF RESTRICTIONS RECORDED JUNE 17, 1998 AS FILE NO. 1998-0369115 OF OFFICIAL RECORDS. SAID INSTRUMENT ALSO PROVIDES THAT ALL LIENS CREATED BY THIS DECLARATION OF RESTRICTIONS, INCLUDING, BUT NOT LIMITED TO, ANY REGULAR OR SPECIAL ASSESSMENTS FOR THE PAYMENT OF MONEY, SHALL BE SUBORDINATE TO THE LIEN CREATED BY ANY FIRST DEED OF TRUST OR FIRST MORTGAGE. SAID INSTRUMENT PROVIDES THAT A VIOLATION THEREOF SHALL NEITHER DEFEAT NOR RENDER INVALID THE LIEN OF ANY MORTGAGE OR DEED OF TRUST MADE FOR VALUE. SAID COVENANTS, CONDITIONS AND RESTRICTIONS WERE INCORPORATED BY A DECLARATION OF ANNEXATION RECORDED OCTOBER 30, 1998 AS FILE NO. 1998- 070808 1 OF OFFICIAL RECORDS. PAGE 6 - - ORDER NO. 1221929-6 AFFECTS LOT 110 WITH OTHER PROPERTY. 26. THE FACT THAT SAID LAND LIES WITHIN THE ASSESSMENT DIAGRAM ASSESSMENT DISTRICT NO. 96-l (RANCH0 CARRILLO) CITY OF CARLSBAD COUNTY OF SAN DIEGO, CALIFORNIA, AS DISCLOSED BY INSTRUMENT RECORDED SEPTEMBER 3, 1998 AS FILE NO. 1998-0563653 OF OFFICIAL RECORDS. A NOTICE OF ASSESSMENT RECORDED SEPTEMBER 8, 1998 AS FILE NO. 1998- 0569423 OF OFFICIAL RECORDS. 1999-2000 TAX INFORMATION: CODE AREA: 09169 PARCEL NO.: 222-600-o l-00 1 ST INSTALLMENT: $13,454.52 PAID 2N-D INSTALLMENT: $13,454.52 OPEN LAND VALUE: $206,761 .OO IMPROVEMENTS: $-O- EXEMPT: $-O- PAGE 7 . LEGAL DESCRIPTION ORDER NO. 1221929-6 THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: LOTS 103 AND 110, OF CARLSBAD TRACT NO. 93-04 RANCH0 CARRILLO VILLAGE “Q”, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13551, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 3 1,1998. JULY 07,1999 I:10 PM MF PAGE 8 City of Carlsbad Engineering Department Easement or Covenant of Easement Routing Transmittal To: City Clerk Date: 3/7,/00 From: A &r&Mti R &I le Via the Following Routing List: 1. 2. 3. 4. ACCEPTANCE OF EASEMENT(S)/COVEvANT OF EASEMENT(S) (PROJECT ID NO.(S) f% 97 -83 F ,pGi 79-84 1 ROUTING INSTRUCTIONS: Please review the attached easement document(s) for acceptability. If acceptable please sign the attached Request for Approval to Accept Easement form(s) as appropriate, initial transmittal and forward to the next person on the routing list. City Attorney to additionally sign as to form any attached subordination agreements. If found unacceptable please return the routing form and easement(s) to the City Engineer with a note explaining the reasons for rejection. CITY CLERK INSTRUCTIONS: Please attach the Certificate(s) accepting the easement or covenant of easement and forward the easement and acceptance certificate for recordation. Upon return, please forward a copy of the recorded easement(s) to the Engineering Department. Attachments % Request for Approval to Accept Easement Form(s) 3 Total Easement(s) 2 Total 0 Subordination Agreement(s) Total P Title Report 0 Other cc File (Transmittal and request form only) Senior Office Specialist (Transmittal for computer updating) CMWD -Bill Plummer (when indicated) P:\DocdMlsforms\Earement Or Covenant Routing Tranr