HomeMy WebLinkAboutSDP 99-16; Continental Residential, Inc.; 2000-0516181; Easement*
h . .
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
3689 DOE ii 2000-0516181 .
-ep 27, 2000 IO:47 AM
OFFICIAt REm SAN DIEGO COMTY RECORDER’S DFFICE REWY J. SMITH, Cm RECDRDER FEES: 0.00 DC: NA
SPACE A8OVE TI
,. wjp: :.: :“‘~‘~!!f”” ,‘> $&essor’s Parcel No.1 222-601-01-00 I ‘!Proiect’No. &. Name: SDP 99-16
!@KIERCARE - CARRILLO
~~^. ~_____ ,>
FOR A VALUABYF iCQ#~~@&@AT4ON, re+#of whiob.@ hereby y#nowtedg$d, ’ t”’ !1j.$’ : ,:s. :‘. ‘j jij$
Continental Re$dential, In&:; a California corpo&on, formerly known as ,L &‘h ln$&hents, Inc., a
California corpor+on, sti$‘&ssor by merger to Continentel Ranch, Inc., a Delaware corporation
; I ii, : “ “>I
hereby GRANT$!o . “_ I:! !! $ ,,$.ji ,/$l$< I’, _” $” I,
:
il: 1 ‘_. 1
City of Carts~~~,‘a:~bnicipal Coip&$ion ,I ><; ,:;:, I(’ “’ :$“$;j ;j:jls ’ : “i ,, ”
the followirr~!.~~~~~~lreal prop&y in the C$y ,ofi’Carlsbad, &$bnty @‘~~~~&&$t& of > ,.. California: <,> j e’ r;‘i!!-, ” ,, Ijl,:,: ,:’
an easement fo~~:E#ERGBblCY SEWER ACCESS PURPOSES,,Qverr’u~~~;.iilpon and across
the real proper@& described in Exhibit “A” Onsisting ‘of two, ~~~)i:page(sji’~‘;~ftached hereto and
made a part hereof. Exhllsi~“~~:c~nsisting of two (2) page(s) js attached forclarity only. :,.: _‘_ ,I li:‘l’ L
Continen& %sidential, Inc. a
.,_ ::$,
DATED 8 -La- 20’&U
,>I*,> ,I$ 3). I t ,.?;,*i’~:+. _I_
@#fomia corporation _: i:’ 1 I:;;::..: (Name of Company)
By: p---&k
) ” all?, ‘_
STATE OF CALIFORNIA ,, ,. ,I>
COUNTY OF SAN DIEGO 1
On I+J& 23,20oC3 before me,
inid\d~ A. e++bq-c-~, I&+SU, Qtiblrc
(here insert name and title of the officer), ’
personally appeared &id A-.Mcr Ebb l-c\~vq Cc+5
personally known to me (y
s;) to be the person(s) whose name(L)
is/are subscribed to the within instrument and acknowledged
to me that h&&e/they executed the same in h&/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 person(sj
WITNESS my hand an
Signature
Word\Masten\Forms\Grnl Deed of Easement-City 6/l/00 T
(Signature)
Name: 9w IP 6. &JT~
(Type or Print)
Title:
By:
Name:
(Typf or Print)
Title:
* .
3690,
REVISED: JULY 3 1,200O
JLTNE 27,200O
J.N. 99- 103 1
EXHIBIT A - LEGAL DESCRIPTION
PR 00-71
THOSE PORTIONS OF LOTS 105 AND 106 OF CARLSBAD TRACT NO. 43-02
ACCORDING TO MAP NO. 1355 1 FILED IN THE OFFICE OF THE COUNTY
RECORDER MARCH 3 1,199s AS FILE NO. 1998-0177218, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, SAID
PORTION ALSO BEING A PART OF PARCEL B, ACCORDING TO THE
CERTIFICATE OF COMPLIANCE FILED IN THE OFFICE OF THE COUNTY
RECORDER JULY 2,1999 AS DOCUMENT NO. 1999-0463613, FILED IN THE
CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF SAID PARCEL B, SAID
POINT BEING THE TRUE POINT OF BEGINNING:
THENCE CONTINUING ALONG EASTERLY BOUNDARY OF SAID PARCEL B
SOUTH 36’09’49” EAST 37.21 FEET; THENCE LEAVING SAID EASTERLY
BOUNDARY SOUTH 08’50’03” WEST 5.08 FEET; THENCE SOUTH 36”09’49”
EAST 88.16 FEET; THENCE SOUTH 81’09’54” EAST 5.08 FEET TO A POINT ON
THE EASTERLY BOUNDARY OF SAID PARCEL B; THENCE CONTINUING
ALONG SAID EASTERLY BOUNDARY SOUTH 36’09’49” EAST 23.93 FEET;
S:UDOK\CATHy\9931ACCS.DOC Page 1 of 2
h
3691
EXHIBIT A - LEGAL DESCRIPTION
PR 00-71
THENCE LEAVING SAID EASTERLY BOUNDARY SOUTH 19’34’45” WEST 32.58
FEET; THENCE SOUTH 23O24’40” EAST 26.69 FEET TO A POINT ON A
NONTANGENT 88.00 FOOT RADIUS CURVE, CONCAVE TO THE NORTHWEST,
CENTER POINT TO SAID CURVE BEARS NORTH 45’11’09” WEST; SAID POINT
ALSO BEING ON THE NORTHERLY BOUNDARY OF THE COVENANT OF
EASEMENT FILED IN THE OFFICE OF THE COUNTY RECORDER NOVEMBER
lo,1999 AS DOCUMENT NO. 1999-0749502 FILED IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA; THENCE WESTERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE 10’12’30” AN ARC
DISTANCE OF 15.68 FEET; THENCE NORTH 23’24’40” WEST 47.06 FEET;
THENCE NORTH 19’34’42” EAST 27.89 FEET; THENCE NORTH 36’09’49” WEST
7.77 FEET; THENCE NORTH 81”06’58” WEST 5.08 FEET; THENCE NORTH
36’09’49” WEST 85.34 FEET; THENCE NORTH 8 l”O9’49” WEST 9.07 FEET;
THENCE NORTH 36’09’49” WEST 32.09 FEET TO A POINT ON THE
NORTHERLY BOUNDARY OF SAID PARCEL B; THENCE CONTINUING ALONG
SAID NORTHERLY BOUNDARY NORTH 42”15’ 12” EAST 25.52 FEET TO THE
TRUE POINT OF BEGINNING.
AREA = 3,777 SQ. FT = 0.09 AC.
S:\LOOK\CATHYi993 lACCS.DOC Page 2 of 2
__
369’2 - od 50’
25’ 4 100’
A -- -I-PM& msw#?Y
) CERI Of COMPLME OOC. NO, 19994463613
i/ I )) RECURD W NO. 13551
-Pmm \
AND -.
EAZXMEN7
11111: 1999-0749497 ‘----- -n
&ws Of 6!6MN@ rHE B45E OF 6wiYNG ifs 7Ht: Ks-miY l?lRliYZN OF JffE CZiVliXINE
OF C%Rt’LLO WAY AS SHOWN ON hi4f 13551.
K BblRitIN% N 59’16’59’ t!I
h&v NO, 13551 RECORUED fM0f 31, 1998 AND
CERI OF COMUNCE DOC. NO 1999~04636r3
RfCORED JULY 2 1999
APPLICANT: CITY OF CARLSBAD
KINDEWE PREPARED BY:
650 NE HOifALMY STRLZ7 SUITE 1400 JL4e& f3-2.3 cw
’ GEORGg 0 ‘Bl Y
f0RTLAND, OREGON g7232 ha 32014
CUT I nr 3 CUTC
EXHIBIT “B”
PR 00-71
GX!OOO O-Day Consultants, Inc. G:\Jl3RS\991031\PI ATA~flI.nVr; I?-?7-nn Il:?d:fld om CTT
.
* 3693
EASEMENT DATA
DELTA/BEARING t RADIUS LENGTH
AREA = $777 S0.n: = 0.09 ACNS
JffE BtZS Of BWRING IS JHE WESJEHY PORnoN OF 7i’fE CEMEiRLNE
OF W?RlUO WAY AS SHOWN ON MP f3551.
LE BMIN N 59’16’59’E
7HOSE PoRnONS OF LOT 105 AND LOJ 106 OF
tU4P NO. 13551 RECORDLZ’ MRCH 3?, 1998 ANE
CERTI OF CGMPiIMCE DK NO. /999-0463613
RECORDED JULY 2, 1999
w urn
P
I
Pi900 O-Day Consultants, Inc. G:\JIJBS\991031\PLATAC02.DWG a-23-00 11:33:30 am EST
3694
CERTIFICATION FOR ACCEPTANCE OF GRANT DEED OF EASEMENT
This is to certify that the interestiwrea!i:property conveyed by the grant deed _.:,_ i ” : .$ ” j _ja&:j ,;‘:;:fjl g i’ dated August 23, 2000, fro~ea~~~~~~aE:Rd~~enti~~~~nc.,::a:California Corporation, : j’L’.,(j, j :j: :,: ,,i,;; 2 :si f,: ,$,.I .‘:‘:l”,; ii;,, z ’ _I
formerly known as L,&$/ :~@$,.$&&;;:;;+~; a’fGJtifog+ ,o,-po~&n, SUCCeSSOr by
., ‘. <:: .,.. i_,_ ,_ $_, merger to Contind~~~~~~~~~~fnc., a Delaware Corporatio’&o the C&of Carlsbad, a i i !$ : ,I .> ,. I . .
Municipal Corpara~~~~~~~~~~hereby aCcepted by the City Council of.the Ciwof Carlsbad, .,. .I( :,’ _i ” i(i ;.; I
California, put$,ant&$!&dinance No. NS-422; adopted on Sept&beFi 16: 1997, and _I/ ,’ I ‘, the grantee ccitlS~~~~~~ the recordatjon thereof by its d9!y;,a~thorjzed o~~;e;r. .i <
DATED: Sept
, Form NQ. 1068-l (Rev. 10/17/92)
mibii A,$Q Preliminary Report
Preliminary
Report
First American Title Insurance Company
EXHIBIT A L4
LIST Of dINTED EXCEPTIONS AND EXCLUSIONS (by Policy Type)
1. CALIFORNIA LAN0 TITLE ASSOCIATION STANDARD COVERAGE POLICY -1990
SCHEDULE B
EXCEPTIONS FROM COVERAGE
This pmcy does no1 nsure agauW loss or damage land the Company ~111 noI oay costs. attorneys lees or expenses1 &nrch anse by ‘eason 01
1 Taxes or assessments nhrch are not shown as exrslrng !!ens by !he :ecords at any ‘axrng authorrty !hat tevres taxes or assessments on real property or by the public records. Pmceedings by a public agency whrch
may resutl n !&es or assessments. or nollce 01 such proceedrngs. ,whether or not shown by !he records of sucn agency cr by the pubhc ‘ecords.
2 Any facts. rrghls. nteresls or clatms nhrch are no1 shown by !he pubhc records 3ul wnrch could 3e ascerlamed by an nspectton al the land or Nhrch may be asserled by persons HI possessron !hereol.
3 Easements. lrens or encumbrances or clarms !hereot. .vhrch are nol shown by !he pubhc records.
4 Drscrepancres. contl~cts n boundary unes. shorlage :n area. encroachmenls. or any other facts rhrch a correcl survey YouId dtsclose. and whrch are not shown by lhe public records.
5 la) Unpalentep mrnmg clarms lb) reseNdIrons or exceolrons !n paler% or In Acls aulhonzmg the issuance lhereot. (c) Waler nghls. clatms or lrtle to water, whether or not the matters excepted under (a). (b). or (c)
are shown by rhe puakc records.
EXCLUSIONS FROM COMRAGE
The rollowmg matters are expressly excluded from the cove!age ol this poky and the Company wdt not pay loss or damage. costs. attorneys’ fees or expenses whrch arrse by reason of:
1 (a) Any law. ordinance or governmental regulatton (inc\udrng oul not Irmded to buttdlng and zonmg laws, ofOmdnceS. or regutatlons) restncnng. regulabng. prohibtting or relating to (i) Ihe occupancy. use. or enjoyment
of the land. (II) the character. drmensrons or locahon 01 any Improvement now cr hereatter erected on the land: (iti) a separatron In ownership or a change m the dtmensions or area 01 the land or any parcel 01 which
the land is or was a part. or (IV) envtronmental proleclron. or the etfecf 01 any vrolahon ol lhese laws. ordinances or governmental regulalions. except to the extent that a nobce of the enforcement thereof or a notice
of a detect ken or encumbrance resulhng horn a vrolation or alleged vrolabon affeclrng the land has been recorded m the public records at Dale of Policy.
rb) Any governmental pohce power not excluded by (a) above. except 10 the extent that a notrce 01 the exercise thereof or a notrce 01 a defect, lien or encumbrance resulting lmm a violation or alleged violation afiecting
rhe land has been recorded rn Ihe public records at Date of Policy
2. Rights of emtnent domain unless nobce ot the exercrse lhereol has been recorded In the pubhc records at Dale of Policy. bul not excluding tmm coverage any taking whrch has occurred prior to Date at Policy which
would be bindrng on the rtghts 01 a purchaser lor value wrlhout knowledge
3 Detects. liens. encumorances. adverse clarms. or other matters
ra) whether or nol recorded in the public records al Date 01 Polrcy. but created. suflered. assumed or agreed to by the Insured Clarmar?:
(b) not known to the Company. not recorded In the pubhc records at Date of Policy. but known to the Insured claimant and not disclosed In writing to the Company by the Insured claimant prior to the date the insured
clarmant became an Insured under thrs policy:
(c) resulting in no loss or damage to the insured ctatmant.
(d) attachmg or created subsequent to Date 01 Polrcy. or
(e) resulting in loss or damage uhrch Nould not have been sustained if Ihe Insured claimant had paid value for the Insured mortgage or for the estate or Interest insured by this pohcy
4. Unenlorceability 01 the ken of the Insured mortgage because 01 fhe rnabrlity or lailure of the insured at Date of Policy. or the Inability or larlure of any subsequent owner 01 the Indebtedness. to comply with the applicable
‘doing bustness’ laws 01 the state in whtch the land IS srlualed.
5 lnvatrdrty or unenforceabrlrty of the lien ot the Insured mortgage. or claim thereof. which arrses out at the transaction evrdenced by the insured mortgage and IS based upon usury or any consumer credit protection
or lrulh in lending law
6 Any claim whrch arises out of the transactron vesting In Ihe Insured the estate or Interest Insured by their polrcy or the transactron creating the Interest of the insured lender, by reason of the operation 01 federal
bankruptcy. state insolvency or srmrlar credrlors nghts laws.
2. AMERICAN LANDTlTLEASSOClATlON OWNER'S POLICYFORM B -1970
SCHEDULEOF EXCLUSIONS FROM COVERAGE
1 Any law. ordinance or governmental regulatron (including but nol limited to burldrng and mning ordinances) restrrcling or regulating or prohrbrting the occupancy. use or entoyment of the land, or regulating the character,
dtmensrons or locanon 01 any improvement now or herealter erected on the land. or prohibrbng a separabon In ownershtp or a reductron In the dimensrons 01 area of the land. or the eliect of any violation 01 any
such law, ordrnance or governmentai regulallon.
2.
3.
Rtghfs of emntent domaln or governmental righls 01 pokce power unless nottce al the exercise ot such rights appears In the pubhc records at Oate of Policy.
Detects. liens. encumbrances. adverse clarms. or other matters (a) created. suhered. assumed or agreed la by Ihe Insured claimant, (b) nol known to the Company and not shown by the publrc records but known
to Ihe Insured clarmanl enher at Oate ot Polrcy or at the date such clarmanl acquired an estate or interest Insured by thrs poky and not disclosed In wrrtrng by the Insured claimant to the Company prior to the date
such nsured claImant became an Insured hereunder (cj resulllng in no toss or damage to !he Insured clarmanl. (d) attachrng or created subsequent lo Date of Policy, or (e) resulting in loss or damage wh!ch would
not have been sustained II the Insured clarmant had par0 value lor the eslate or interesl Insured by thus polrcy
XAMERICAN LANDTITLEASSOCIATION OWNER'S POLICY FORM B -1970
WITH REGIONAL EXCEPTIONS
When !he Amerrcan Land Trtle Assoc~atton potrcy IS used as a Standard Coverage Polrcy and not as an Extended Coverage Polrcy the exclusions set lorth In paragraph 2 above are used and the following exceptions to coverage
appear #n the polrcy
SCHEDULE B
Thrs polrcy does not rnsure agarnst loss or damage by reason ot the matters shown in parts one and two tollowlng
Part One
1 Taxes or assessments which are not shown as extslmg ilens by the records ot any IaxIng authorrty that levees [axes or assessments on real property or by the public records.
2 any lacrs. nghls. inlerests. or claims which are not shown by the pubic records bul which could be ascertained by an Inspection 01 said land or by makmg Inquiry ot persons in possession lhereot
3 Easements claims 01 easemenl or encumbrances which are not shown by the publrc records
4 Discrepancies. contlicts III boundary Ibnes. shortage in area. encroachments, or any other facts whtch a correct surrey would disclose and whrch are not shown by public records
5 Unpatenfed mining claims reservations or exceptrons In patents or in Acts autharmng the Issuance thereof water rrghts, claims or title lo waler.
6 Any ken. or right lo a hen. for servtces labor or matetral heretotore or hereafter furrushed. Imposed by law and not shown by the public records
. I , -1MERICAN LAND TITLE ASSOCIATION LOAN POLI'- 1970
WITH A.L.T.A.ENDORSEMENT FORM1 COVERAtd
SCHEDULEOF EXCLUSIONS FROM COVERAGE
1 Any a# 9rclnarce 3r $lvernrnen!al :egu!allOfl ~inc:uC:ng 3~1 rot Im~leC :a ou!lClng and !oFlnq OrOicanCeSl ‘eslr!clmg Or !egulahng cr prahlblhng [he occupancy. use or enloymen; pf [he land, or regulatmg [he charac[er,
:‘renstws cr ocallan ol any rrprovemenl ION :I here&r erec:ec on :re ‘and :r :rcnlOl!:rg a separal:on n :tinershlo 3r a ‘ecucllon in !he Clmenslons or area ol Ihe land. or the effect 01 any Mallon al any
jircr aa ;rCrance or ~overrlren[ai ‘egulahon
2 ?Ignls ~1 e~tnerl ,:omam or ;a?e!nmenlal ‘#gh[s ~1 3o:ice power Jless rollce sl ‘re ?xerc:se ?I ;~cn . ghls appears n Ye ouol~c .ecords al Dale al Pohcy.
3 CefecS ers ?nc~rrCrances. adrerse claims :r a!ner -a::e’s ‘31 YealeC j;lllereC %.iY;ec rr agreec ‘a cy ‘ne nsurea ::almanl tb) not inown lo rhe Company and not shown by Ihe puohc :ecords but <nolyn
‘0 ‘i-e .nstireC :!amanl ellher al “ale of ‘OliC~ or at :be Xie 3ucn z’atmanl aCFu:reC an LSlale or ?!eresl nsured Sv ‘his 3011cy or acCulreC !he Insured mortgage and not disclosed m wrlling by the Insured claimant
:o ‘he iorrpany 3r:pr ‘o :he Gale ilich owed ::a!manl :ecame an rsireo *ereuMer cl ‘esu!hng n 30 ass :I Zarnage ‘3 ‘he rsured clatmanl. idI allachmg or crealed subseauenl lo Dale 01 Fbhcy [except :O
:he ?xtenl ,nSurance 5 allofcea herein as !o any P[alu!Orv en ‘or aocr 31 ra:erlal zr ‘0 ‘he er:enl csurance s ~IlcrdeC rerem as !o assessments lar SIreel ~mprovemenls under conslruchon or completed al Dare
01 mcy)
4. Une~forceabMv 31 :he iten 01 !he nSured mocgage becalrse of ‘allure of ‘he nsured al Yale cl %!lcy or GI any subseouenl Owner 01 !he ~ncebledness :a comply wllh apphcable ‘doing busmess’ laws of [he s[a[e
n nhlch :he anC s s,[ualeC
!i.AMERlCAN LAND TITLE ASSOCIATION LOAN POLICY - 1970 WITH REGIONALEXCEPTIONS
‘When :he Amertcan Land ‘~[le Assoclalron Lencers P~hcy ,s Jsea as a Slancarc Coverage Policy and nol as an Exlenaed Coverage %cy. !he exclusions set forth m paragraph 4 above are used and [he followmg exceohons
lo coverage aopear .n the pallcy
SCHEDULE B
This pohcy does not Insure agalnst loss or damage by reason 01 !he matters shown !n parts one and Iwo fallowmg
Parl One
1. Taxes or assessmenls ahrch are not shown as extshng Ilens by !he recorcs 01 any laxmg aulhorrty [hat ‘evles taxes or assessments on real property or by the public records.
2 Any facts. rlghls. interesls. or claims which are not shown py the puohc records but shrch could be ascerlatneC,by an inspectron ol said land or by making mquuy 01 persons in possesslon thereof.
3 Easements. claims at easemenl or encumbrances which are not shown by Ihe public records
4 Olscrepancles. conll~!s ,n bouncary hnes. shortage ‘n area. encroachments. or any other (acts ahlch a correct survey would CISCI~S~. and which are not shown by public records.
5 Unpatented mlnmg claims. :eservalians or exceplions :n palenls or +I Acts aulhoriang !he Issuance :hereof tiater rIghIs. claims or I!lle to waler
6. Afly hen. or rlghl lo a lien. for services. ;abor or malerlal :herelolore or hereafter furnished. imposed by law and not shown by lhe public records.
6.AMERlCAN LANDTITLE ASSOClATlON LOAN POLlCY -1992
WITH A.L.T.A.ENOORSEMENTFORMlCOVERAGE
EXCLUSIONS FROM COVERAGE
The lollowmg matters are expressly excluded tram the coverage 31 ‘h6 pohcy and the Company NI[[ not pay ioss or damage. cosls. attorneys fees or expenses which anse by reason of
1 (a) Any law. ordinance or gavernmenlal regulahon (mcludlng out nor llmlted lo bulldmg and romng laws. ordinances. or regulahons) resfrlcling, regulating. prohtbiling or relating to (I) the occupancy. use. or enjoyment 01 [he land. (111 Ihe characler Cimensons or localion of any ~mprovemenl now or herealter erected on lhe !anC. [ill) a separation m ownership or a change in the dimensions or area of the land or any parcel of which
the land ,s or #as a part. or [IVI environmental prolecllon zr !he etlect of any vtolallon of these laws ardlnances or governmental regulabons. except lo the eden1 that a nolice of lhe enforcement thereof or a notice
01 a defect !ien or encumbrance resulllng from a vrolahon Or alleged vtolation aliecllng [he land has been recorded in Ihe public records at Date of Policy
(b) Any governmenlal oohce power not excluded by Ia) above excepl :o the extent !hal a polrce 01 Ihe exercise lhereol or a nallce 01 a defect. hen or encumbrance resulting from a vlolalion or alleged vtolation affecllng
[he !and has been recorded !n the cublic records al Date of ?oky
2 Rlghls al emlnenl aomam unless noilce of the exercise !hereof has been recorded m :he publtc ‘ecards al Dale ot POIIC~ but not excluding from coverage any taking which has occurred prior to Date of Policy which
would be blndmg on Ihe rights ol a purchaser for value NIIMUI krowledge
Delecls. ‘lens encurrbrances. adverse c!alms or o:her mallers
la) crealed. sufiered. assumed or agreed lo by the Insured c:almanl.
lb) nol known lo [he Company. not recordec in the pubhc records al Dare of Ppl~cy but known to !he ,nsureC cialmant and not dlsclased in writmg lo the Company by the insured claimant prior !o the date [he insured
clalmanl became an :nsureC under !hls policy.
[c) resulhng in no loss or Carnage iO the msbred claimant.
id) allach~ng or crealea subsequent lo Date 01 Policy (except to :he exlenl :hal !hls policy Insures the prlorlly ol [he [ten at the insured mortgage over any statutory hen lor services. labor or rnalerlal or the extent Insurance
IS alforaeo nereln as :o assessments 10, slreel !morovemenls under conslructlon or ;ampleleC al late pl 3011cy) or
(e) resulllng m loss or damage whtch Hould nol have been suslamed .I Ihe Insured clalmanl had paid value for (he Insured mortgage
4 Unenlarceablilly al rhe 0en 01 the insured mortgage because of [he ~naoiltly or Iallure 01 lhe Insured al Date 01 %cy or the mablhly or failure of any subsequent owner 01 lhe indebtedness. to comply wrlh applicaole
‘doing busmess’ la#s 01 !he slate #n whtch Ihe land IS sllualed
5. ‘nvaildlly or uoenlorceaptl!ly al !he hen 01 Ihe Insured mortgage. or c.alm !hereol. which arlses out 01 !pe :ransac!lon ewdenced by [he insured mortgage and IS based upon usury or any consumer credit protectton
CH :rulh In lendmg law
6 Any jlatulory l,en Ior serwces labor or materials ror the c’alm at pr’orlly 01 any staru!ov Len for serwces laoor or nalera!s over the hen 01 lhe Insured mortgage) artsmg from an tmprovemenl or work related :a
:he :anC Nhlch s cor!rac:ed [or and commenced subsequerl !o Dare 811 Policy and is nor hoancea #n #hole or in parl by proceeds ot the Indebtedness secured by Ihe Insured mortgage which al Dale al Po~tcy :he
$nsureC has adranced or #s obllgalea lo advance
7 dny c!aim .vhlch arlses oul ot :he [ransacllon crealmg :he ~nleresl of the morlgagee ‘nsured by lhls policy by ‘eason 01 the operahon 01 lederal bankruptcy, slate insolvency, or simtlar creditors rights laws. lhal
IS 3aseC cn
(I) !he [ransact~on creaMg ‘he ~nteresl of :he wred mcrlgagee bemg deemed a fraudulent canveyarce or Irauduienl transler or
01) the jubord’nahon 01 :he inleiesl 01 [he nsured morlqagee as a result cl [he 3pPhcallon al [he acc::lne 01 equllaole subard\na[lan or
(III) !he transaction ireariVg !be nleresl 01 the nsured morlgagee being deemed 3 prefereKllal transfer exceo! nhere :he Jreterenllal !ransfer results from the failure
[al lo tlmeiy record ‘he mstrumenl 01 :ransler or
(b) 01 suci- recoraallon IO impart nohce lo a purcnaser [or value or a [udgrrenl or ljen creallor
7. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1992 WITH REGIONAL EXCEPTIONS
When the Amerlcar, LarC Tllie Assccla!lon policy .s Jsed as a Standard Coverage Poltcy ana nol as an ExtenoeC Ccverage ?cl’cy :pe ?xcIus~ons set torlh ,n paragraph 6 above are used and the following eXCepttOnS lo coiera$e
apoear in ;he ool~cy
-- . . SCHEDULE B
Thrs oolrcy does :ol mule agatnsl ‘0% or damage tand the Company YIII not pay costs. attorneys tees or expenses) ,whrch anse by reason of
? -axes or assessments Nnich are 101 shown as ex~st~rg tens by !he records 01 any :ax:ng authorrty !hal levres Iaxes or sssessmenls on real property or by the public records
2 any ‘ac!s ?gols nleresls or :larms whrch are not shown by the oubltc records oul whrch could be ascerlamed by an nsoeclron 31 said land or by making rnqurry 01 persons rn possessron thereol
3 Easements :!arms 01 rasement cr encumbrances #hrcn are not shown by :he oubhc ,ecords
4 $sc:ecanc!es. conihc:s n oounaar{ rnes. shortage n area. encroachmenls. or anv Xher ‘acts whrch a correcl survey naulq arscrose and whrch are not shown by oubhc records.
5 Jnoarerted mrnrng ::ams. ‘eservahons or exceottons n talents or n Ac:s authormng !he ssuance IhereOl. iwaler rlghts. clarms or !rtle to -water
6 + en or rNgnl i0 a .ien !or servrces. awr or materral rhere!olore or rereatter turnshed. mposed by ‘aw and nol shown oy the aublrc recoras.
8.AMERlCAN LANDTITLEASSOCIATION OWNER'S POLICY-1992
EXCLUSIONS FROM COVERAGE
The lollowmg matters ae expressly excluded horn ihe coverage 01 thrs polrcy and the Comoany ~111 not oay !oss or damage. cosls. attorneys’ fees or expenses which arrse by reason 01
1 !a] Any aw. ordnance or governmental regulatron tmcludrng but not lrmrled to burldrng and romng laws. ordinances. or regulatrons) reslnctmg. regulahng. prahrbibng or relating to (i) the occupancy, use. or entoyment
- 01 the ‘and. [III the character drrnensrbns or !ocatrcn 01 any tmprovement now or hereafter erected on the land: (III) a separation in ownershtp or a change rn the dimensions or area of Ihe land or any parcel of
nhrch !he land is or was a part or IIV) envrronmental orotectron. or the eHecl of any vrolabon ol these laws. ordmances or governmental regulahons. excebl lo the extent Mat a nobce of Ihe enforcement thereof or
a notrce 01 a delecl. hen or encumnrance resultrng horn a vrolatron or alleged vtolahon aflectmg the land has oeen recorded In Ihe pubhc records al Date 01 Pohcy.
lb) Any governmental polrce power not excluded by (a) above. except to lhe extenl lhat a nahce al Ihe exercrse thereol or a notIce 01 a detect. hen or encumbrance resulting horn a vtolatton or alleged vrolaban aflechng
ihe ;and has oeen recorded In the ouolic records at Date al Polrcy
2. Rights ol emtnent domarn unless nahce ol Ihe exercrse lhereol has been recorded in the publrc records at Date 01 Policy, but not excludrng horn coverage any taking which has occurred prior to Oate of Policy whrch
nould be brndrng on the rrghls al a purchaser for value wrthout knowledge.
3. Delecls. hens. encumbrances. adverse ctatms or other matters.
[a) created. suffered, assumed or agreed to by the insured clarmanl:
(b) not known lo the Company. not recorded tn the publrc records al Date of Fulicy. but known lo the insured clarmant and not disclosed In wnhng to the Company by the insured claimant prior to the date the Insured
clarmant became an Insured under thrs pohcy.
(c) resulling in no loss or damage to the Insured clarmant:
(d) atlachrng or crealed subsequent lo Date al Policy: or
(e) resultmg rn loss or damage which would not have been sustamed 11 the Insured clarmant had patd value lor !he estate or Interest Insured by thus policy.
4 Any claim, whrch arrses out 01 lhe transaction vestmg rn the Insured the estate or mterest msured by thus pohcy. by reason of the operation ot federal bankruptcy, stale insolvency, or similar credilars’ rights laws,
that #s based on
(I) the transactron creating the estate or Interest insured by lhis pohcy being deemed a fraudulent conveyance or fraudulent transter. or
(II) the transactron creabng the estate or Interest Insured by this policy being deemed a preferential transler except where the prelerential hansfer results from the failure:
(a) to timely record !he mstrument of transfer: or
(b) ot such recordabon lo Impart notice to a purchaser for value or a judgment or lien credrlor.
9. AMERICAN LAND TlTLE ASSOCIATION OWNER'S POLICY -1992WlTH REGIONAL EXCEPTlONS
When the Amencan land Title Assoctaban polrcy IS used as a Standard Coverage Poltcy and not as an Exlended Coverage Policy the exclusions set forth in paragraph 6 above are used and Me following excepttons to coverage
appear rn the policy
SCHEDULE B
This ooiicy does not nsure agarnst loss or damage (and Ihe Company wrll not pay costs. aborneys’ lees or expenses) which arise by reason of
Part One
1 Taxes or assessments whrch are not shown as existmg liens by Ihe records of any taxmg authority that levres taxes or assessmenls on real property or by the public records.
2. Any tacls. rights. mferests. or clarms whtch are not shown by the public records but ‘which could be ascertamed by an inspectron of sard land or by making inquiry 01 persons in possessron thereol
3 Easements, clarms 01 easement or encumbrances which are not shown by the publrc records
4. Oiscrepancres, conthcts rn boundary lines. shortage in area. encroachments. or any other facts whrch a correct survey would disclose. and which are not shown by pubhc records.
5. Unpatented mrnmg clarms. reservatrons or exceptrons rn palenfs or In Acts authorrzing the Issuance thereof: water rrghts. clarms or title to water.
6 Any !ren or rrghl to a !ren. for servtces. !abor or matenal theretolore or hereafter lurnrshed. Imposed by law and not shown by the pubhc records.
10. AMERICAN LAND TITLE ASSOCIATION RESlOENTlAL TITLE INSURANCE POLICY - 1987
EXCLUSIONS
In addition to the Exceptrons In Scheaule 8. you are not insured agarnst loss. costs. attorneys lees and expenses resultmg from
1 Governmental polrce power. and the exrstence or vrolabon of any law or government regulahon Thus Includes burldrng and zoning ordrnances and also laws and regulabans concerning.
* land use l land dtvrsron
- rmorovemenls on the land l envnonmenlal prolectron
Thus excluson does not apply to vroiahons or Ihe enlorcement 01 lhese matters whrch appear in the pubhc records at Pohcy Date.
This excluson does no1 lrmrt the ronmg coverage described nt Items 12 and 13 01 Covered Title Risks.
2 The :rght lo take Ihe land by condemmng It. unless
m a notrce 01 exercrsing the right appears In the public records on the Polrcy Date
* Ihe takrng happened pnor lo the Pohcy Date and IS bmdrng on you II you bought :he land without knowmg of the takmg
3 Me Rrsks
l that are created. allowed. or agreed lo by you
l lhat are known to you. but not to us. on the ?oky Date unless rhey appeared !n the public recoras
l that result rn no loss to you
l that hrsl aHect your htle alter the Pohcy Date thus does not ltmit the labor and materrat hen coverage rn Item 6 al Covered Title Risks
4 Farlure to pay value for your lrtle
5 lack of a right
l to any land outside the area specrlically descrrbed and referred to in Item 3 of Schedule A. or
l rn streets. alleys, or waterways that louch your land
Thrs exclusron does not hmit the access coverage in llem 5 01 Covered iitle Risks -
_ . . . ,
_ :.. .\ . . i ,’ I ;-, - . \- t . ORDER NO. 1180312-6
/.
FIRST A&IERICXN TITLE INSURANCE COMPANY
411 IVY STREET, SAN DIEGO, CALIFORNIA 92101
P.O. BOX 808, SAN DIEGO, CALIFORNIA 92112 (619) 238-1776
.HJNE ” ‘000 a-. -
KINDERCARE
650 NE HOLLADAY. SUITE 650
PORTLAND, OREGON 97232
_ ATTENTION: EMILY LUNDSTEDT
OUR ORDER NO. 1180312-6
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 EAXHIBIT 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 BTNDER OR COMMITMENT SHOULD BE
REQUESTED.
DATED AS OF JUNE 7,200O AT 7:30 AM.
DIANNE LIVINdSXbd- TITLdOPPICER DIRECT DIAL PHONE 231-4654
FAX NO. 231-4647
PAGE I
ORDER NO. 1180312-6
THE FORM OF POLICY TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS:
PRELIMINARY TITLE REPORT
TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN:
WILIMINGTON TRUST COMPANY, A DELAWARE CORPORATION, NOT IN ITS INDIVIDUAL
CAPACITY BUT SOLELY AS TRUSTEE UNDER THE KINDERCARE REALTY TRUST 1999, A
DELAWARE BUSINESS TRUST
THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO
COVERED BY THIS REPORT IS:
FEE AND EASEMENT
THE LAND REFERRED TO HEREIN IS DESCRIBED AS FOLLOWS:
(SEE ATTACHED LEGAL DESCRIPTION)
AT THE DATE HEREOF EXCEPTIONS TO COVERAGE TN 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 2000-2001, A LIEN, NOT YET
PAYABLE.
2. 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.
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.
PAGE 2
ORDER NO. 11803 12-6
3. A BOND ISSUED UNDER THE I915 ACT FOR RANCH0 CABRILLO, ASSESSMENT NO.
0000. DISTRICT 96-i. WHICH IS CURRENTLY OR WILL BE COLLECTED ON THE TAX
ROLL.
THIS IS NOT A PAY-OFF AMOUNT.
IF PAY-OFF IS REQUIRED. THERE WILL BE ADDED FEES. INTEREST AND A PRE-PAY
AMOUNT. A DATE OF PAY-OFF WILL HAVE TO BE PROVIDED BY YOU; AS
INTEREST IS COMPOUNDED DAILY.
PLEASE ALLOW I5 WORKING DAYS, AS A REPORT WILL HAVE TO BE ORDERED
FROM AGENCY CONCERNED.
AFFECTS APN NOS. 222-60 I-02-00 AND 222-60 1-O I-00
4. 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, I993 AS FILE NO. 1993-0228560 AND FEBRUARY 27, I997 AS
FILE NO. 1997-0087390, BOTH OF OFFICIAL RECORDS.
5. THE FACT THAT SAID LAND LIES WITHIN THE COMMUNITY FACILITIES DISTRICT
NO. I, AS DISCLOSED BY fNSTRUMENT 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.
ANNEXATION NO. 97198-I TO COMMUNITY FACILITIES DISTRICT NO. I, AS
DISCLOSED BY INSTRUMENT RECORDED MAY 8, 1998 AS FILE NO. 1998-0269936 OF
OFFICIAL RECORDS.
AN AMENDMENT TO THE NOTICE OF SPECIAL TAX LIEN FOR CARLSBAD
COMMUNITY FACILITIES DISTRICT NO. 1 ANNEXATION NO. 97/98-l RECORDED MAY
8, 1998 AS FILE NO. 1998-0270026 OF OFFICIAL RECORDS.
6. A NOTICE OF RESTRICTION ON REAL PROPERTY WHICH DISCLOSES CERTAIN
OBLIGATIONS AND RESTRICTIONS IMPOSED BY TENTATIVE MAP NO. CT 93-04,
UPON THE TERMS AND CONDITIONS CONTAINED THEREIN, RECORDED MAY 30,
1997 AS FILE NO. 1997-0253 I 17 OF OFFICIAL RECORDS.
7. 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. I997 AS FILE NO. 1997-0254867 OF OFFJCJAL RECORDS.
PAGE 3
ORDER NO. 1180312-6
8.
9.
IO.
I I.
12.
13.
AN AGREEMENT REGARDING AFFORDABLE HOUSING AND IMPOSING
RESTRICTIONS. DATED MARCH 73, 1998. UPON THE TERMS. COVENANTS, AND
CONDlTlONS CONTAINED THEREIN.
EXECUTED BY AND BETWEEN: THE CITY OF CARLSBAD, A MUNICIPAL
CORPORATION AND CONTINENTAL
RANCH INC.. A DELAWARE
CORPORATION.
RECORDED: MARCH 25. I998 AS FILE NO. 1998-0162920 OF OFFICIAL RECORDS.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
THE FACT THAT THE OWNERSHIP OF SAID LAND DOES NOT INCLUDE ANY RIGHTS
OF INGRESS OR EGRESS TO OR FROM MELROSE DRIVE ADJACENT THERETO, SAID
RIGHTS HAVING BEEN RELINQUISHED ON MAP NO. 1355 I
AFFECTS LOTS I05 AND 106.
THE SUBDIVISION MAP REFERRED TO TN 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 FACT THAT SAID LAND LIES WITHIN THE PREPARED 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 AND APRIL 27, 1998 AS FILE NO. 1998-0239289, BOTH OF OFFICIAL
RECORDS.
A NOTICE OF SPECIAL TAX LIEN FOR COMMUNITY FACILITIES DISTRICT NO. 5 OF
THE SAN MARCOS UNIFIED SCHOOL DISTRICT RECORDED MAY 14,1998 AS FILE NO.
1998-028461 I OF OFFICIAL RECORDS.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
THE FACT THAT SAID LAND LIES WITHIN THE ASSESSMENT DISTRICT NO. 96-i
(RANCH0 CARRILLO), AS DISCLOSED BY INSTRUMENT RECORDED SEPTEMBER 8,
1998 AS FILE NO. 1998-0569423 OF OFFICIAL RECORDS.
A CABLE TELEVISION CONSTRUCTION WIRING AGREEMENT AND EASEMENT
DATED OCTOBER 29, 1998, UPON THE TERMS, COVENANTS. AND CONDITIONS
CONTAINED THEREIN.
EXECUTED BY AND BETWEEN: DANIELS CABLEVISION, INC., A
DELAWARE CORPORATION AND
CONTMENTAL RANCH, MC., A
DELAWARE CORPORATION.
RECORDED: OCTOBER 30. 1998 AS FILE NO. 1998-07078 I6 OF OFFICIAL RECORDS.
PAGE 4
-
ORDER NO. 1180312-6
14.
IS.
16.
17.
IS.
19.
20.
THE TERMS. CONDITIONS AND PROVISIONS CONTAINED IN A NOTICE AND
WXIVER CONCERNING AIRPORT ENVIRONMENTAL IMPACTS CASE NO. CT 93-04 AS
DISCLOSED BY INSTRUMENT RECORDED DECEMBER IO. I998 AS FILE NO. l998-
08035 I3 OF OFFICIAL RECORDS.
THE TERMS. CONDITIONS AND PROVISIONS CONTAINED IN NOTICE AND WAIVER
CONCERNING PROXIMITY OF THE PLANNED OR EXISTING CARRILLO RANCH
COMMUNITY PARK CASE NO. CT 93-04 AS DISCLOSED BY INSTRUMENT
RECORDED DECEMBER IO. 1998 AS FILE NO. 1998-0803511 OF OFFICIAL RECORDS.
A HOLD HARMLESS DRAINAGE AGREEMENT DATED APRIL I, 1998, UPON THE
TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN.
EXECUTED BY AND BETWEEN: CONTINENTAL RANCH, INC., A
DELAWARE CORPORATION AND CITY OF
CARLSBAD.
RECORDED: DECEMBER IO, 1998 AS FILE NO. 1998-08065 15 OF OFFICIAL RECORDS,
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
A HOLD HARMLESS GEOLOGICAL FAILURE AGREEMENT DATED APRIL 1, 1998,
UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN.
E,XECUTED BY AND BETWEEN: CONTINENTAL RANCH, INC., A
DELAWARE CORPORATION AND THE
CITY OF CARLSBAD.
RECORDED: DECEMBER IO. 1998 AS FILE NO. 1998-08035 I6 OF OFFICIAL RECORDS.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
THE EFFECT, IF ANY, OF RECORD OF SURVEY MAP NO. I63 IO, WHICH SETS FORTH,
OR PURPORTS TO SET FORTH, CERTAIN DIMENSIONS AND BEARINGS OF THE
HEREIN DESCRIBED PROPERTY.
A COVENANT FOR EASEMENT, EXECUTED BY CONTINENTAL RANCH, INC., UPON
THE TERMS AND CONDITIONS CONTAINED THEREIN, RECORDED NOVEMBER 10,
1999 AS FILE NO. 1999-0749487 OF OFFICIAL RECORDS.
ANY RIGHTS, INTERESTS OR CLAIMS WHICH MAY EXIST OR ARISE BY REASON OF
THE FOLLOWING FACTS AS DISCLOSED BY ALTA SURVEY PREPARED BY O’DAY
CONSULTANTS, UNDER JOB NO. 99- I03 I, DATED DECEMBER 17, 19991
I. 3 A.
3.
4.
5.
A TEMPORARY OVERHEAD POWER LINE.
AN ENCROACHMENT OF A MASONRY BLOCK COLUMN ALONG CARRILLO
WAY.
VARIOUS SIGNS AND SIGN POSTS.
A CONCRETE DRAINAGE DITCH AND ASSOCIATED DRAINAGE INLET.
A 0.5 ENCROACHMENT OF A 5’ CHAIN LINK FENCE ALONG THE
NORTHWEST BOUNDARY.
PAGE 5
ORDER NO. 1180312-6
21. THE TERMS. COVENANTS, CONDITIONS. RESTRICTIONS AND EASEMENTS AS
CONTAINED IN INSTRUMENT ENTITLED “DECLARATION ESTABLISHING SHARED
PARKING RIGHTS” RECORDED DECEMBER 30. 1999 AS FILE NO. 1999-0846397 OF
OFFlClAL RECORDS.
SAID INSTRUMENT PROVIDES THAT A VfOLATlON THEREOF SHALL NEITHER
DEFEAT NOR RENDER INVALID THE LIEN OF ANY MORTGAGE OR DEED OF TRUST
MADE FOR VALUE.
22. AN EASEMENT FOR THE INSTALLATION. MAINTENANCE, REPAIR AND
REPLACEMENT OF SANITARY SEWER. STORM DRAINAGE LINES, TOGETHER WITH
ASSOCIATED AND INCIDENTAL RIGHTS OF TNGRESS AND EGRESS AND
INCIDENTAL PURPOSES TN FAVOR OF CONTINENTAL RESIDENTIAL, INC., A
CALIFORNIA CORPORATION, RECORDED DECEMBER 30, 1999 AS FILE NO. 1999-
0846398 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST WESTERLY CORNER OF SAID PARCEL A. ALSO BEING
THE BEGINNING OF A NON-TANGENT 200.00 FOOT RADIUS CURVE CONCAVE
NORTHWESTERLY, TO WHICH A RADIAL LINE BEARS SOUTH 49”33’37” EAST;
THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 56’19’4 I” A DISTANCE OF 196.62 FEET; THENCE NORTH
74”06’43” EAST 15.00 FEET TO THE BEGINNING OF A NON-TANGENT 2 15.00 FOOT
RADIUS CURVE CONCAVE NORTHWESTERLY, TO WHICH A RADIAL LIN-E BEARS
NORTH 74”06’42” EAST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 57”16’42” A DISTANCE OF 214.93 FEET TO
THE WESTERLY LINE OF SAID PARCEL A; THENCE ALONG SAID WESTERLY LINE
NORTH 36”09’49” WEST 15.39 FEET TO THE POINT OF BEGINNING.
23. A TEMPORARY EASEMENT FOR SURFACE FLOWAGE AND FOR THE
INSTALLATION, MAINTENANCE, REPAIR AND REPLACEMENT OF TEMPORARY
FLOWAGE AND STORM DRAINAGE IMPROVEMENTS, TOGETHER WITH
ASSOCIATED AND INCIDENTAL RIGHTS OF INGRESS AND EGRESS AND
INCIDENTAL PURPOSES IN FAVOR OF CONTINENTAL RESIDENTIAL, INC., A
CALIFORNIA CORPORATION, RECORDED DECEMBER 30, 1999 AS FILE NO. I999-
0846398 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST WESTERLY CORNER OF SAID PARCEL A, ALSO BEING
THE BEGINNING OF A NON-TANGENT 200.00 FOOT RADIUS CURVE CONCAVE
NORTHWESTERLY, TO WHICH A RADIAL LINE BEARS SOUTH 49’33’37” EAST;
THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 56’19’41” A DISTANCE OF 196.62 FEET; THENCE NORTH
74’06’43” EAST 15.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH
74’06’43” EAST 1.60 FEET TO THE EASTERLY LINE OF SAID PARCEL A; THENCE
ALONG SAID EASTERLY LINE SOUTH 38’57’13” EAST 12.71 FEET TO THE
BEGINNING OF A NON-TANGENT 40.00 FOOT RADIUS CURVE CONCAVE EASTERLY,
TO WHICH A RADIAL LINE BEARS NORTH 82”24’24” WEST; THENCE SOUTHERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 32’22’26” A
DISTANCE OF 22.60 FEET; THENCE SOUTH 24”46’50” EAST 72.20 FEET; THENCE
SOUTH ?0”17’06” EAST 135.87 FEET TO THE BEGINNING OF A TANGENT 145.00 FOOT
RADIUS CURVE CONCAVE WESTERLY; THENCE SOUTHERLY ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 72”59’50” A DISTANCE OF 184.74
PAGE 6
ORDER NO. 1180312-6
FEET TO THE WESTERLY LINE OF SAID PARCEL A: THENCE ALONG SAID
WESTERLY LINE THE FOLLOWING COURSES: NORTH 32”50’33” WEST 9.46 FEET;
THENCE NORTH 47”Z-i’ 16” WEST 0.86 FEET TO THE BEGINNING OF A NON-TANGENT
135.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY. TO WHICH A RADIAL
LINE BEARS SOUTH 38”17’19” EAST; THENCE LEAVING SAID WESTERLY LINE
NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE
OF 43’26’38” A DISTANCE OF 100.01 FEET: THENCE SOUTH 42’29’45” WEST 86.43
FEET TO THE WESTERLY LINE OF SAID PARCEL A: THENCE ALONG SAID
WESTERLY LINE NORTH 36”09’49” WEST IO.20 FEET: THENCE NORTH 42’29’45” EAST
94.02 FEET TO THE BEGINNING OF A NON-TANGENT 135.00 FOOT RADIUS CURVE
CONCAVE SOUTHWESTERLY. TO WHICH A RADIAL LINE BEARS NORTH 83’22’54”
EAST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 23”40’00” A DISTANCE OF 55.76 FEET; THENCE NORTH
30’17’06” WEST 136.35 FEET; THENCE NORTH 24”46’50” WEST 63.32 FEET TO THE
BEGINNING OF A NON-TANGENT 215.00 FOOT RADIUS CURVE CONCAVE
WESTERLY, TO WHICH A RADIAL LINE BEARS NORTH 86”05’15” EAST; THENCE
NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
I 1’58’32” A DISTANCE OF 44.94 FEET TO THE TRUE POINT OF BEGINNING.
24. COVENANTS, CONDITIONS AND RESTRICTIONS, INCLUDING BUT NOT LIMITED TO
A NOTICE OF RIGHT OF FIRST REFUSAL AS CONTAINED IN GRANT DEED
RECORDED DECEMBER 30, 1999 AS FILE NO. 1999-0846398 OF OFFICIAL RECORDS.
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.
THE RIGHT OF FIRST REFUSAL MENTIONED ABOVE WAS SUBORDINATED TO THE
DEED OF TRUST RECORDED DECEMBER 30, 1999 AS FILE NO. 1999-0846399 OF
OFFICIAL RECORDS BY THE TERMS OF A SUBORDINATION AGREEMENT RECORDED
JANUARY 5! 2000 AS FILE NO. 2000-0005 I82 OF OFFICIAL RECORDS.
25. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL PRINCIPAL
SUM OF $96,500,000.00, AND ANY OTHER AMOUNTS OR OBLIGATIONS SECURED
THEREBY, RECORDED DECEMBER 30. 1999 AS FILE NO. 1999-0846399 OF OFFICIAL
RECORDS.
DATED: NOVEMBER 19, 1999
TRUSTOR: WILMINGTON TRUST COMPANY. A DELAWARE
CORPORATION, NOT lN ITS INDIVIDUAL CAPACITY, BUT
SOLELY AS TRUSTEE UNDER THE KINDERCARE REALTY
TRUST 1999
TRUSTEE: FIRST AMERICAN TITLE INSURANCE COMPANY
BENEFICIARY: THE CHASE MANHATTAN BANK, A NEW YORK BANKING
CORPORATlON
PAGE 7
i : i I L Y i r. .i- ,, ORDER NO. 1180312-6
26. AN UNRECORDED LEASE DATED NOVEMBER 19. 1999. UPON THE TERMS AND
CONDITIONS THEREIN PROVIDED. AS DISCLOSED BY LEASE SUPPLEIMENT AND
SHORT FOR%1 LEASE/MEMORANDUM OF LEASE. DEED OF TRUST. SECURITY
AGREEMENT AND FINANCING STATEMENT.
LESSOR: WILMINGTON TRUST COMPANY. NOT IN ITS INDIVIDUAL CAPACITY
BUT SOLELY AS TRUSTEE OF THE KINDERCARE REALTY TRUST
1999, A DELAWARE BUSINESS TRUST
LESSEE: KINDERCARE LEARNING CENTERS. INC.
RECORDED: DECEMBER 30. 1999 AS FILE NO. 1999-0846400 OF OFFICIAL RECORDS.
A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL PRINCIPAL
SUM OF $96,500,000.00, AND ANY OTHER AMOUNTS OR OBLIGATIONS SECURED
THEREBY, RECORDED DECEMBER 30. 1999 AS FILE NO. 1999-0846400 OF OFFICIAL
RECORDS.
DATED: NOVEMBER 19, 1999
TRUSTOR: KINDERCARE LEARNING CENTERS. INC., A DELAWARE
CORPORATION
TRUSTEE: FIRST AMERICAN TITLE INSURANCE COMPANY
BENEFICIARY: THE CHASE MANHATTAN BANK, A NEW YORK BANKING
CORPORATION AND WILiMINGTON TRUST COMPANY, NOT TN
ITS INDIVIDUAL CAPACITY BUT SOLELY AS TRUSTEE OF THE
KINDERCARE REALTY TRUST 1999, A DELAWARE BUSINESS
TRUST
27. AN ASSIGNMENT OF RENTS AND LEASES, DATED NOVEMBER 19, 1999, AS
ADDITIONAL SECURITY FOR THE DEED OF TRUST RECORDED DECEMBER 30,1999
AS FILE NO. 1999-0846399 OF OFFICIAL RECORDS.
EXECUTED BY WILMINGTON TRUST COMPANY. NOT IN ITS INDIVIDUAL
CAPACITY BUT SOLELY AS TRUSTEE OF THE KINDERCARE REALTY TRUST 1999, A
DELAWARE BUSINESS TRUST TO THE CHASE MANHATTAN BANK, AS AGENT,
RECORDED DECEMBER 30, 1999 AS FILE NO. 1999-0846401 OF OFFICIAL RECORDS.
28. A FINANCING STATEMENT FILED IN THE OFFICE OF THE COUNTY RECORDER
SHOWING:
DEBTOR: KINDERCARE LEARNING CENTERS, INC., A DELAWARE
CORPORATION
SECURED PARTY: WILMINGTON TRUST COMPANY, AS TRUSTEE OF THE
KINDERCARE REALTY TRUST 1999, A DELAWARE
BUSINESS TRUST
RECORDED: DECEMBER 30, 1999 AS FILE NO. 1999-0846403 OF
OFFICIAL RECORDS.
PROPERTY COVERED: PERSONAL PROPERTY AND FIXTURES LOCATED ON
THE PROPERTY HEREIN DESCRIBED.
PAGE 8
ORDER NO. 1180312-6
29. A FINANCING STATEMENT FILED IN THE OFFICE OF THE COUNTY RECORDER
SHOWING:
DEBTOR: WILMINGTON TRUSTCOMPANY.AS TRUSTEEOF THE
KINDERCARE REALTY TRUST 1999, A DELAWARE
BUSINESSTRUST
SECUREDPARTY: THECHASEMANHAT-FANBANK
RECORDED: DECEMBER 30, 1999 AS FILE NO. 1999-0846402 OF
OFFICIALRECORDS.
PROPERTYCOVERED: PERSONAL PROPERTY AND FIXTURES LOCATED ON
THEPROPERTYHEREINDESCRIBED.
30. MANDATORYANDOPTIONALPURCHASERIGHTSANDOPTIONSANDTHETERMS
ANDCONDITIONSTHEREOF:
GRANTEDTO: KINDERCARE LEARNING CENTERS, INC., A DELAWARE
CORPORATION.
DISCLOSEDBY: LEASE SUPPLEMENT AND SHORT FORM
LEASE/MEMORANDUMOFLEASE,DEEDOFTRUST,SECURITY
AGREEMENTANDFINANCINGSTATEMENT.
RECORDED: DECEMBER 30, 1999 AS FILE NO. 1999-0846400 OF OFFICIAL
RECORDS.
l999-2000TAXINFORMATION:
CODEAREA: 09025
PARCELNO.: 222-601-01-00
ISTINSTALLMENT: $4,578.97 PAID
2NDINSTALLMENT: $4,578.97 PAID
LANDVALUE: $59,074.00
IMPROVEMENTS: so-
EXEMPT: $-O-
CODEAREA:
PARCELNO.:
ISTINSTALLMENT:
2NDINSTALLMENT:
LANDVALUE:
IMPROVEMENTS:
EXEMPT:
09025
222-601-02-00
$6,395.03 PAID
$6.395.03 PAID
$82,500.00
so-
$-O-
PAGE9
ORDER NO. 1180312-6
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA. COUNTY
OF SAN DIEGO. AND IS DESCRIBED AS FOLLOWS:
PARCEL A:
THOSE PORTIONS OF LOTS 105 AND 106 OF CARLSBAD TEWCT NO. 93-04, RANCH0
CARRILLO VILLAGE “Q”. PHASE I IN THE CITY OF CARLSBAD. COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO MAP NO. 1355 I FILED IN THE OFFICE OF THE SAN
DIEGO COUNTY RECORDER MARCH 31, 1998, DESCRIBED AS PARCEL A OF CERTIFICATE
OF COMPLIANCE RECORDED JULY 2, 1999 AS FILE NO. 1999-04636 12 OF OFFICIAL
RECORDS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 106; THENCE ALONG THE
NORTHEASTERLY LINE OF SAID LOT I06 AND THE NORTHEASTERLY AND
SOUTHEASTERLY LINES OF SAID LOT 105, THE FOLLOWING COURSES; SOUTH 38’57’13”
EAST 122.56 FEET TO THE BEGINNING OF A TANGENT 2337.00 FOOT RADIUS CURVE
CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 06’52’24” A DISTANCE OF 280.35 FEET TO THE B
BEGINNING OF A COMPOUND 25.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY;
THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 91’2 1’47” A DISTANCE OF 39.86 FEET; THENCE SOUTH 59’16’59” WEST 98.3 1
FEET TO THE BEGINNING OF A TANGENT 455.00 FOOT RADIUS CURVE CONCAVE
SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 04”11’54” A DISTANCE OF 33.34 FEET; THENCE LEAVING
SAID SOUTHEASTERLY LINE OF LOT I05 NORTH 32’50’33” WEST 45.90 FEET; THENCE
NORTH 47’24 16” WEST 16.74 FEET; THENCE NORTH 36”09’49” WEST 220.47 FEET TO THE
NORTHWESTERLY LINE OF SAID LOT I06 AND THE BEGINNING OF A NON-TANGENT
200.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, TO WHICH A RADIAL LINE
BEARS SOUTH 49’33’37” EAST; THENCE ALONG SAID NORTHWESTERLY LINE THE
FOLLOWING COURSES: NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 58”05’51” A DISTANCE OF 202.80 FEET; THENCE NORTH 51’02’47”
EAST 12.95 FEET TO THE POINT OF BEGINNING.
PAGE IO
ORDER NO. 1180312-6
PARCEL B:
A NON-EXCLUSIVE EASEMENT FOR PEDESTRIAN AND VEHICULAR ACCESS. INGRESS
AND EGRESS AND FOR THE INSTALLATION. MAINTENANCE. REPAIR AND REPLACEMENT
OF WATER LINES. TOGETHER WITH ASSOCIATED AND INCIDENTAL RIGHTS OF INGRESS
AND EGRESS. OVER. ACROSS AND UPON THAT PORTION OF PARCEL B IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO. STATE OF CALIFORNIA, ACCORDING TO THE
CERTIFICATE OF COMPLIANCE THEREOF RECORDED JULY 2, 1999 AS DOCUMENT-NO.
1999-0463613 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF SAID PARCEL B: THENCE ALONG THE
EASTERLY LINE OF SAID PARCEL B SOUTH 36’09’49” EAST 194.22 FEET TO THE TRUE
POINT OF BEGINNING; THENCE CONTINUING ALONG SAID EASTERLY LINE SOUTH
36’09’49” EAST 26.25 FEET; THENCE SOUTH 47”24’16” EAST 6.29 FEET; THENCE SOUTH
42’1 1’08” WEST 10.00 FEET; THENCE NORTH 47’48’52” WEST 8.00 FEET; THENCE SOUTH
42’11’08” WEST 14. IO FEET TO THE BEGINNING OF A TANGENT 112.00 FOOT RADIUS
CURVE CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 26’02’38” A DISTANCE OF 50.91 FEET;
THENCE SOUTH 68’13’37” WEST 78.76 FEET TO THE BEGINNING OF A TANGENT 48.00 FOOT
RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 16’03’59” A DISTANCE OF 13.46
FEET TO THE WESTERLY LINE OF SAID PARCEL B AND THE BEGINNING OF A NON-
TANGENT 55.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY TO WHICH A RADIAL
LINE BEARS NORTH 52’54’02” EAST: THENCE ALONG SAID WESTERLY LINE
NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
25”35’10” A DISTANCE OF 24.56 FEET TO THE BEGINNING OF A NON-TANGENT 72.00 FOOT
RADIUS CURVE CONCAVE SOUTHEASTERLY, TO WHICH A RADIAL LINE BEARS NORTH
4 1’53’18” WEST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 20’07’05” A DISTANCE OF 25.28 FEET; THENCE NORTH 68’13’47” EAST
78.76 FEET TO THE BEGINNING OF A TANGENT 88.00 FOOT RADIUS CURVE CONCAVE
NORTHWESTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 26’02’38” A DISTANCE OF 40.00 FEET; THENCE NORTH
42” I 1 ‘OS” EAST 29.45 FEET TO THE TRUE POINT OF BEGINNING.
PAGE I I
\ \ \I !. i( L I I
ORDER NO. 1180312-6
PARCEL C:
A NON-EXCLUSIVE RECIPROCAL EASEMENT FOR INGRESS. EGRESS. AND PARKING OF
PASSENGER VEHICLES AND PICK-UP TRUCKS AS SET FORTH IN INSTRUMENT ENTITLED
“DECLARATION ESTABLISHING SHARED PARKING RIGHTS” RECORDED DECEMBER 30,
1999 AS FILE NO. 1999-0846397 OF OFFICIAL RECORDS.
JUNE 22. 2000 3:58 PM CP
PAGE I2