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HomeMy WebLinkAbout1969-04-29; Parking Authority; Resolution 2RESOLUTION NO. 2 RESOLUTION OF THE PARKING AUTHORITY OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AND AUTHORIZING THE EXECUTION OF CERTAIN DOCUMENTS ENTITLED "AMENDMENT OF LEASE" and "AMENDMENT OF SUBLEASE AND AGREMENT" WHEREAS, the Parking Authority of the City of Carlsbad, California has heretofore approved, authorized, and executed certain documents entitled "Lease and Agreement' and "Sublease and Agreement" relating to the acquisition and financing of a municipal parking lot within the City of Carlsbad; and WHEREAS, certain minor revisions are required in the description of properties to be leased and subleased pursuant to said agreement; and WHEREAS, there have been presented to this Parking Authority amendments to said documents; NOW, THEREFORE, the Parking Authority of the City of Carlsbad, California does hereby FIND, RESOLVE, DETERMINE AND ORDER as follows: Section 1. That those certain documents entitled "Amendment Of Lease" and "Amendment of Sublease and Agreement" in the forms set forth in Exhibits "A" and "B", respectively, attached hereto, are hereby approved. Section 2. That the Chairman and Clerk of this Authority are hereby authorized and directed to execute said documents on behalf of the Parking Authority. ADOPTED, SIGNED AND APPROVED this 29th day of April, 1969. Chaiirman of/the Packing Authority of the City of C^lsbad,/California ATTEST: 2. STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ) ss. 'I, Margaret E. Adams, Clerk of the Parking Authority of the City of Carlsbad, California, DO HEREBY CERTIFY that the •foregoing resolution was duly adopted by the Parking Authority of said City and was approved by the Chairman of said Parking Authority at a special meeting of said Parking Authority held on the 29th day of Apri 1 , 1969, and that it was adopted by the following vote, to wit: AYES: NOES: ABSENT Directors Cannon. Snedeker. Baldwin. Killen and Daughertv None None Cle(irk/;6f the Parkihg Authority of the C/ity of Carlsbad, California STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ) ss. I, Margaret E. Adams, Clerk of the Parking Authority of the City of Carlsbad, California, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. _2 and that the same has not been amended or repealed. DATED May 19, 1969 Cler(k the Parking Aut the C the Parking Authority of by of Carlsbad, California (SEAL) EXHIBIT "A" .... GRANT DEED ' / Pursuant to the provisions of Section 37354 of the Government Code of the State of California, the undersigned PLAZA CAMINO REAL, a Limited Partnership organized and existing under the laws of the state of California the general partner of which is The May Stores Shopping Centers, Inc. , ("Grantor"), hereby grants to CITY OF CARLSBAD, a municipal corporation, ("Grantee"), the following described real property in the State of California, County of Los Angeles, City of Carlsbad, more particular- ly described as follows: ALL THAT REhh- PROPERTY SITUATED V7ITHIN THE CITY OF CAPJ.SBAD, IN THE COUNTY-OF SAN DIEGO, STATE OF CAI.IFORMIA, BEING THAT PORTION OF SECTION 32, TOWNSHIP 11 SOUTH, RANGB: 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO OFFICIAL PLAT THEREOF, TOGETHER WITH PORTIONS OF LOTS 13, 14, and 42, AND OF EUCALYPTUS STREET, ALL OF HOSP EUCALYPTUS FOREST COMPANY'S TPJVCT, ACCORDING TO MAP THEREOF NO. 1136, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, BEING DESCRIBED AS A WHOLE AS FOLLOWS: BEGINNING-AT THE SOUTHEAST CORNER OF THE NORTH HALF OF THE -NORTHEAST QUARTER OF SECTION 31, TOWNSHIP 11 SOUTH, RANGE 4 V;EST, THENCE ALONG THE SOUTH LINE OF SAID NORTH F-ALF, NORTH 8S° 42' 19" WEST 404 .27 FEET TO POINT "A" OF THIS DESCRIPTION; THENCE DUE SOUTH 424.67 FEET; THENCE EAST 339.54 FEET ; THENCE NORTH 30° 00' 00" WEST 35.92 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTEPJ.Y AND HAVING A RADIUS OF 15.00 FEET; THENCE NORTHWESTEPJ.Y AND WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 60° 00' 00" A DISTANCE OF 15.71 FEET; THENCE TANGENT TO SAID CURVE, WEST 43.05 FEET; THENCE NORTH 69.17 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTH- EASTE'RLY AND llAVlUG A RADIUS OF 10.00 FEET; THENCE NORTHERLY, NORTHEASTERLY AND EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90° 00' 00" A DISTANCE OF 15.71 FEET; THENCE TANGENT TO SAID CURVE EAST 2.38 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 25.00 FEET; THENCE • EASTERLY, NORTHEASTERLY AND NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTPJ^.L ANGLE OF 90° 00' 00" A DISTANCE OF 39 .27 FEET; THENCE TANGPJNT TO SAID CURVE NORTH 13.67 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY AND K.AVING A RADIUS OF 10.00 FEET; THENCE NORTHERLY, NORTHEASTERLY, AND EASTERLY ALONG THE ARC OP SAID CURVE THROUGH A CENTPJVL ANGLE OF 90° 00' 00" A DISTANCE OF -1- 15.71 FEET; THENCE TANGENT TO SAID CURVE, EAST 140.00 FEET; THENCE SOUTH 60° 00' 00" EAST 90.00 FEET; THENCE EAST 185.24 FEET TQ THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 10.00 FEET; THENCE EASTERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 70° 00' 00" A DISTANCE OF 12.22 FEET; . • THENCE TANGENT TO SAID CURVE SOUTH 20°00'00" EAST 21.72 FEETJ THEKCE SOUTH 30,10 FEETJ THENCE EAST 232,88 FEETl THENCE NORTH 70o00'00" EAST 326.42 FEETJ THENCE SOUTH.20o00'00" EAST 76.00 FEETS THENCE SOUTH 70<'00'00" WEST 45.00 FEETl THENCE SOUTH 20o00«00" EAST 190,00 FEETl THENCE,SOUTH 70o00'00" WEST 329.06 FEETl THENCE SOUTH 20°00'00" EAST 62.00 FEETl THENCE SOUTH 70o00«00'> WEST 89.48 FEETl THENCE SOUTH 20o00«00" EAST 20.00 FEETl THENCE SOUTH 70<'00'00" WEST 271.17 FEETl THENCE NORTH 20^00*00" WEST 60.97 FEETl THENCE WEST 680.33 FEET TO A LINE * WHICH BEARS SOUTH FROM THE HEREINABOVE DESIGNATED POINT "A"l THENCE ALONG SAID LINE* SOUTH 274,86 FEET TO A LINE WHICH BEARS SOUTH 76*30»00"•EAST FROM A POINT WHICH BEARS SOUTH 22,99 FEET FROM THE SOUTHWESTERLY CORNER OF LAND DESCRIBED IN DEED TO THE MAY STORES SHOPPING CENTERS iNCti RECORDED APRIL 211 1966 AS INSTRUMENT NO. 66568 OF OFFICIAL RECORDS! THENCE SOUTH 76«>30'00" EAST ALONG SAID LINE 339,00 FEET TO A POINT WHICH BEARS SOUTH 76°30«00" EAST 1265.00 FEET FROM THE SOUTHERLY TERMINUS OF THAT LINE DESCRIBED ABOVE AS "SOUTH 22.99 FEET" I THENCE EAST 740,00 FEETl THENCE NORTH 77®15'51" EAST 52.31 •FEET TO POINT "B" OF THIS DESCRIPTION; THENCE NORTH 20O00'00" WEST 54i89 FEETl THENCE NORTH 70*00'00" EAST 572,50 FEETl THENCE SOUTH 12O44'09" EAST 126.84 FEET TO A LINE WHICH SEARS NORTH 77«>15'5l". EAST FROM SAID POINT "B" HEREINABOVE DESIGNATEDi THENCE NORTH 77«15'51" EAST 164.65 FEET TO AN INTERSECTION V/ITH.THE WESTERLY LINE OF LAND DESCRIBED IN EASEMENT TO THE CITY OF CARLSBAD FOR PUBLIC HIGHWAY PURPOSES* RECORDED MARCH 111 1966 AS DOCUMENT NO, 42245 • OFFICIAL RECORDSi SAID INTERSECTION BEING A POINT IN THE ARC OF A CURVEi THE RADIAL CENTER OF WHICH BEARS NORTH 76*22'31" EAST 2563.00 FEET FROM SAID POINT! THENCE ALONG SAID WESTERLY LINE OF SAID EASEMENTJ NORTHERLY ALONG •THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 9*51'42" A DISTANCE OF 441,14 FEETl TANGENT TO SAID CURVE. NORTH 3*45'47" WEST 466.31 FEET THENCE SOUTH 86*14'13" WEST 110.00 FEETl THENCE NORTH 3*45'47" WEST 174.00 FEETl THENCE NORTH 86*14'13" EA.ST 110.00 FEET TO THE WESTERLY LINE OF SAID. EASEMENT HEREIN BclFORE MENTIONED!. THENCE CONTINUING ALONG SAID WESTERLY LINE NORTH 3*45'47" WEST 10.00 FEET TO AN INTERSECTION WITH THE SOUTHERLY LINE OF CALIFORNIA STATE HIGHWAY AS DESCRIBED UNDER PARCEL 1 IN DEED TO THE STATE OF CALIFORNIA RECORDED SEPTEMBER 8» 1964 AS DOCUMENT NO, 163432 OF OFFICIAL RECORDSi THENCE ALONG' THE BOUNDARY OF SAID STATE HIGHWAY AS FOLLOWS» NORTH 56*32'58" 'WEST 100.34 FEET TO THE BEGINNING OF A NON-TANGENT CURVEi THE RADIAL CENTER OF WHICH BEARS SOUTH 28*33'-27" WEST 150*00 FEET THEREFROM! THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH o I it'xt u c A CENTRAL ANGLE OF 31*03'27" A DISTANCE OF 81.31 FEET TO THE •END THEREOF! THENCE NON-TANGENT TO SAID CURVE, SOUTH•89*12'51" WEST 167.13 FEET TO A POINT IN THE ARC OF A 205.00 FOOT RADIUS CURVE. CONCAVE SOUTHERLY. THE RADIAL CENTER OF WHICH BEARS SOUTH 2*30'00" EAST FROM SAID POINT! THENCE WESTERLY ALONG . THE ARC OF $AID CURVE THROUGH A CENTRAL ANGLE OF 35*09'13" " A DISTANCE OF 125,78 FEET TO THE BEGINNING OF A REVERSE CURVE HAVING A RADIUS OF 95.00 FEETl THENCE WESTERLY AND. NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 112* ' 09'13" A DISTANCE OF 185.96 FEET TO THE SOUTHEAST CORNER OF THAT EASEMENT FOR DRAINAGE PURPOSES DESCRIBED UNDER PARCEL .2. GRANTED TO THE STATE OF CALIFORNIA, RECORDED SEPTEMBER 8. 1964 AS DOCUMENT NO, 163432 OF OFFICIAL RECORDS! THENCE LEAVING SAID CURVE AND SAID SOUTHERLY LINE OF CALIFORNIA STATE HIGHWAY. AND FOLLOWING ALONG THE SOUTHERLY AND WESTERLY LINES OF SAID DRAINAGE EASEMENT, SOUTH 74*30'00" WEST 138.88 FEET AND NORTH 15*19'26"-WEST 40,85 FEET TO A POINT IN THE SOUTHERLY LINE OF THE LAND DESCRIBED UNDER PARCEL 1 IN DEED TO THE CITY OF OCEANSIDE, RECORDED APRIL 20. 1959 AS DOCUMENT NO. 77257 OF OFFICIAL RECORDSi THENCE SOUTH 69*30'00" WEST ALONG THE SOUTHERLY LINE OF SAID PARCEL 1 A DISTANCE OF 614.20 FEET TO THE TRUE POINT Or BEGINNING. EXCEPTING*THEREFROM THAT PORTION OF SAID SECTION 32, DESCRIS-D AS FOLLOWS' BEGINNING AT SAID SOUTHEAST CORNER OF SAID NORTH .HALF OF THE NORTHEAST QUARTER OF SECTION 31, OF SAID TOWNSHIP AND RANGE! THENCE NORTH 69*30 "00" EAST ALONG SAID SOUTHERLY LINE OF LAND DESCRIBED IN SAID DEED TO THE CITY OF OCEANSIDE, 425.90.FEETl THENCE LEAVING SAID SOUTHERLY LINE, SOUTH 5*00'00" EAST 58.17 FEET TO THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL! THENCE CONTINUING SOUTH 5*00'00» EAST 104.00 FEETl THENCE NORTH 85*00'00" EAST 327.67 FEETl THENCE NORTH 5*00'00" WEST 104.00 FEETl THENCE SOUTH 85*00'00" WEST 327. 67 FEET TC THE TRUE POINT OF BEGINNING. ALSO EXCEPTING FROM SECTION 32. HEREIN DESCRIBED, ALL OF THE OIL, GAS, AND MINERAL AND MINERAL RIGHTS, LYING BENEATH A DEPTH OF 500 FEET FROM THE SURFACE OF SAID LAND, TOGETHER WITH THE RIGHT OF ENTRY AT ANY POINT IN SUCH LAND LYING BELOW SAID DEPTH FOR THE PURPOSES OF EXPLORING, DRILLING, CONVEYING AND REMOVAL OF ANY SUCH SUBSTANCES AND INSTALLATION OF EQUIPMENT AND PIPELINES •FOR SUCH PURPOSES, PROVIDED THAT ANY SUCH ENTRY AND ACTIVITY UPON SAID LAND FOR SUCH PURPOSE SHALL BE CARRIED OUT IN SUCH • MANNER AS TO AVOID ANY INTERFERENCE WITH THE USE OF THE SURFACE ' 3/24/GU •OF SAID LAND, AS EXCEPTED IN DEEDS FROM FAWCO. A PARTNERSHIP, WILLIAM S. BARTMAN. FRED A. BARTMAN JR.. BERNARD CITRON. AND" HARRY J. L. FRANK JR.. RECORDED APRIL 21, 1966 UNDER RECORDER'S FILE NO.'S 66913 AND 66568, • ^ ALSO EXCEPTING FROM SAID PORTION OF SECTION 32, ABOVE ALL MINERAL RIGHTS AND ALL OIL, GAS, PETROLEUM, OR OTHER HYDROCARBON SUBSTANCES WITHIN OR UNDERLYING SAID LAND WITHOUT RIGHT OF SURFACE ENTRY AS RESERVED IN DEEDS EXECUTED BY REGINALD© MARRON AND CAROLINE MARRON RECORDED IN BOOK 6699. PAGE 264 OF OFFICIAL RECORDS. AND BOOK 7712. PAGE 477 OF OFFICIAL RECORDS* . RESERVING UNTO GRANTOR, its successors and assigns, and to and for the benefit of each and every portion of real property adjoining the land conveyed hereby and owned by Partnership, casements on, under and over the land conveyed hereby as follows: (a) Easements (hci-cinafter referred to as "installation easements") for: (1) The installation and maintenance of utilities as may be necessary or appropriate to provide utility service to such adjoining portions of real property. The term "utilities" as used herein includes, but is not limited to works, lines and structures necessary to provide the following products or services to said adjoining parcels: water, sewers, _ ' drainage, electricity, gas, telephone and cable or closed circuit television. (2) The purposes of erecting, constructing", maintaining and • operating signs and other faciUties to provide proper advertisement of and directions for business establishments • (4-5 omitted) located on such adjoining pai-cels. (b) Easements (hereinafter referred to as "comxTion use" easements) for the purpose of ingress and.egress by any pedestrians, auto- mobiles, trucks and any other vehicles to and from said adjoining real property, or any portion thereof, by traversing the land con- veyed hereby in any direction to or from any point on the common boundary of the land conveyed hereby and said adjoining property or any portion thereof, and the parking of such vehicles. The easement rights reserved hereby include the power on the part of Grantor, its successors and assigns, to grant licenses fpr the use of said easement rights to others including, but not limited to the operators of business establishments to be located on such adjoining land and their respective employees, patrons and other licensees. The. easement rights reserved hereby and any licenses to be granted thereunder are subject to the following conditions: (i) No occupation under or use of any installation easement shall interfere uhrcasonably with the improvement and operation of the Parking Facility as provided in and con- templated by that certain Lease and Agreement dated . • April 20, 1966 executed by Grantor herein as Lessor to Carlsbad Parking Authority, a public corporation, as Lessee, covering the land conveyed hereby and amended by Amendment of Lease dated , the Lease and Agreement as amended hereinafter referred to as the "Lease". (ii) The rights of usage under the common use easements shall be non-exclusive, and in common with the rights of usage -7- on the pai-t of each owner of or licensee under such rights and with all members of the public having the right or privilege for like usage of the Parking Facility under the terms and provisions of the aforesaid Lease and of the Amendment of Sublease dated , the Sublease as amended hereinafter referred to as the "Sub- lease". The rights under the easements hereby reserved shall be appurtenant to the adjoining real property of Grantor and any portion of said real property. A. The conveyance hereby made is also subject to the following: 1. The aforesaid Lease covering the land conveyed hereby executed by Grantor herein as Lessor to Carlsbad Park- • ing Authority, as Lessee. 2. The easements, rights-of-way, conditions, covenants, restrictions, reservations and similar matters of record on the date of delivery of this Grant Deed to Grantee. B. The conveyance hereby made is also subject to, and Grantee, by its acceptance of this Deed, for itself, its successors and its assigns hereby makes and agrees to the following covenants, conditions and restrictions, namely: 1. Said land shall be l.eLc. ;n trust by Grantee, and its. succCEsors , and dedicated perpetually to public use as a municipal parking lot available to the cL^blic without charge. Saia parking ict shall be maintamee .n good coDdition with all necessary repairs and rcolacenicnts an.:., slml. be opcratea Grantee ni sucn d -8- manner as to provide internal traffic routing and control so as to maintain proper flow of traffic around and within said park- ing lot and lo provide at all times access for ingress and egress to and from all adjoining parcels of real property within the corporate limits of Grantee, including, but not limited to, pedestrians, automobiles and commercial vehicles engaged in making deliveries to and pickups from establish- ments on such adjoining parcels and unloading operations in connection therewith. Said parking lot shall be kept open for public parking on all days, including holidays, and at -all hours, except when there is no reasonable need in such adjoining areas within the corporate limits of Grantee for parking in said parking lot or when and insofar as reasonably necessary for repairs or maintenance. No improvements, structures, buildings or facilities shall be placed thereon or therein which obstruct, interfere with or restrict the use of said property as a municipal parking lot, except for decorative plantings, lighting facilities and other improve-' ments incidental to the use of said property as a municipal parking lot, except for decorative plantings, lighting facilities and other improvements incidental to the use of said property as a municipal parking lot. In event of any partial taking of said land under the power of eminent domain. Grantee shall cause the construction upon the remaining portion of said land of a multi-level park- ing structure or structui-es having capacity sufficient to compensate, to the extent reasonably possible in the liglit of -9 such physical limitations as the partial taking may im- pose, for the reduction in parking capacity caused by such partial taking. If at any time or times. Grantee fails to carry out, or to cause to be carried out the maintenance and operation of said land as a public parking lot in accordance with paragraph 1 of this Section B or the construction provided for therein, if required. Grantor or its successors or assigns, shall have the right at its election, in addition to and without prejudice to any other remedies, immedi- ately to assume and carry out the maintenance and opera- tion of and construction on said property as a public parking lot, provided that Grantor, or its successors or assigns upon assuming such maintenance and operation, shall pay the cost thereof, until such time as Grantee assums and is ready to carry out., or causes another person, associa- tion or corporation ready and able to do so, to assume and carry out the maintenance and operation of said property as a public parking lot in accordance with paragraph 1 of this Section B. Enforcement of the foregoing conditions, restrictions, reservations and covenants may be by any legally available remedies. Such remedies shall include, but not be limited to, injunction or specific performance. This grant is made on the express under-standing that the Lease and Sublease hereinabove described constitute valid and'binding obligations respectively on the part of Grantee and the Lessee and Sublessor therein named, and should 10- the contrary be established at any time during the term . of said Lease or said Sublease pursuant to entry of a final judgment of a court of competent jurisdiction the entry of such judgment shall constitute a condition subsequent to the conveyance hereby made pursuant to which all right, title and interest in and to said land shall revert to and revest in Grantor in the same manner as if this conveyance had never been made. 5. Failure on the part of Grantee or its successors and assigns to perform and fulfill the covenants, conditions and res- trictions set forth in the foregoing for a period of thirty days after writt'en notice from Grantor or Grantor's successor or assign to do so shall cause the reversion of the land hereby conveyed to Grantor, and thereupon the title of the whole'of said land shall immediately and without the necessity of any further action-revert to and revest in Grantor or Grantor's successor or assign, as the case may be. 6. Each and all of the covenants, restrictions and agreements hereinabove set forth shall be deemed and construed to be continuing, and the extinguishment of any right of entry or reversion or any breach shall not impair or affect any of said covenants or restrictions so far as any future or other breach is concerned. No waiver of a breach of any of the covenants, agreements, restrictions and conditions herein contained shall be construed to be a waiver of any other breach of the same or other coveiiants, agreements, res-- trictions and conditions, nor shall failure to enforce any one of such restrictions, either by forfeiture or otherwise, be 11- construed as a waiver of any other resti'iction or con- dition, provided, however, that no such breach shall defeat the lien or encumbrance affecting said land and made in good faith to secure indebtedness incurred in improving said land for the uses and purposes aforesaid. 7. The covenants made by Grantee hereunder are hereby expressed to be for the benefit of adjoining land owned by Grantor, J. C. Penney Company, Inc., a Delaware cor- poration, and The May Department Stores Company, a New York corporation, and are made expressly by Grantee for its successors and assigns and to Grantor,Penney and May and their respective successors and assigns. Dated PLAZA CAMINO REAL, Grantor By THE MAY STORES SHOPPING CENTERS, INC. Sole General Partner By:. Vice President Assistant Secretary -12- STATE OF CALIFORNIA ) ) ss. COUNTY OF LOS ANGELES ) On - , before me, the under- signed Notary Public in and for said County and State personally appeared , known to me to be the Vice" President, and , known to me to be the Assistant Secretary of The May Stores Shopping Centers, Inc. the corporation that executed the within instrument as general partner of Plaza Camino Real, a Limited Partnership, and acknowledged to me that such partnership executed the same and that such corporation executed the within instrument pursuant to its Bylaws or a resolution of its Board of Directors. Witness my hand and official seal. Notary Public in and for said County and State. -13- EXHIBIT "B" AMENDMENT OF LEASE THIS AMENDMENT OF LEASE, entered into in Los Angeles, California, as of the day of 1969, by and between PLAZA CAMINO REAL, a limited partner- ship, organized and existing under the laws of California, the general partners of which is The May Stores Shopping Centers, Inc. , a Missouri corporation (hereinafter called "Partnership"), and CARLSBAD PARKING AUTHORITY, a public corporation formed under and pursuant to the Parking Law of 1949 (Sections 32500 et seq. of the Streets and Highways Code) (hereinafter called "Authority"). RECITA LS A. Partnership and Authority entered into a Lease and Agree- ment (hereinafter called the "Lease") as of the 20th day of April, 1966 in which Partnership leased to Authority and Authority leased and hired from Partnership certain real property described in the Lease. Section 3 of the Lease and Agreement provides that: If deemicd necessary or appropriate by the Project Architect, referred to in Section 8 of this Lease, for the purpose of more efficient or economic align- ment, construction or arrangements of the Parking Facility and adjacent developments, a portion or portions of land contiguous to Parcel C may be added to and become a part of the leased premises in substitution for release from the coverage of this Lease of portions of the leased premises as -1- constituted, tlie portions to be so substituted to be appi-oximatcly equal in area in each case to those released. In the case of each such substitution. Authority and Partnership shall join in the execution and recordation of an amendment to this Lease, specifying and describing: (a) The portion or portions of land to be added to the leased premises; and (b) The portion or .portions to be released from the leased premises pursuant to such substitution. B. Krumm & Sorenson, the Project Architect referred to in the Lease, has deemed it necessary and appropriate for the purpose of more efficient and economic alignment, construc- tion and arrangement of the Parking Facility to suggest a realignment of the boundaries of the leased premises so as to add a portion of land to the leased premises and to release froin the leased premises a portion of the land described in the Lease. . C. Partnership and May have entered into an agreement (hereinafter referred to as the "REA"), dated April 20, 1966, providing for the respective construction and operation by Partnership and May on certain land described therein of certain improvements as a shopping center. D. Partnership, May and J. C. Penney Company, Inc., have terminated the REA and have entered into a new agreement ("New REA") dated . , 1969 in complete substitution therefor except with respect to matters occurring prior to the date of the New REA with respect to which period the REA governs the rights and obligations of Partnership and May, as applicable. IC. The.parlies hereto desire to amend the Lease to provide for the aforesaid realignment and to provide for the Lease as amended to be subordinate to the RIL'A. NOW, THEREFORE, in consideration of the mutual premises and the mutual agreements contained in the Lease and Agreement and contained herein, the parties hereto respectively agree as follows: 1, The requirement in Section 3 of the Lease, to show the land is added to the leased premises, and the land released from the leased premises pursuant to a realignment of the leased premises is hereby waived. The leased premises, as comprised after realignment, is as described in Exhibit A, attached hereto and by this reference included herein. 2. The Lease, as amended, is subject and subordinate to tbe easements, rights-of-way, conditions, restrictions and reservations set forth in the New REA. IN WITNESS WHEREOF, the parties hereto have caused this Amendment of Lease to be executed by their duly authorized representatives as of the date first hereinabove written. PLAZA CAMINO REAL, Lessor By: The May Stores Shopping ATTEST: Centers, Inc. (General Partner) By: Assistant Scci-etary Vice President • • CARLSBAD PARKING AUTHORITY, ATTEST: Lessee By: -3- APPROVED this day of ^ 1968. Krumm & Sorenson STATE OF CALIFORNIA ) ) SS COUNTY OF LOS ANGELES ) On^ , 196 , before me, the undersigned, a Notary Public in and for said State, personally appeared " known to me to be the Vice President, and known to me to be the Assistant Secretary, of THE MAY STORES SHOPPING CENTERS, INC. , the corporation that executed the within instrument, said persons being known to me to be the persons who executed the within instrument on behalf of said corporat-Lon, said corporation being known by me to be the General Partner of PLAZA CAMINO REAL, a limited partnership, the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as General Partner of said partnership and that said partnership also executed the same. WITNESS my hand and official seal. Notary Public in and for said Slate -4- STATE 0]i^ CALIFOl^NIA ) ) COUNTY OF LOS ANGELES ) On^ J J , 196 , before me, the undersigned, a Notary Public in and for said State, personally appeared ^ known to me to be the^ of CARLSBAD PARKING AUTHORITY, the municipal corporation that executed the within instrument, known to me to be the person who executed the within instrument on behalf of the municipal corporation therein named, and acknowledged to me that such municipal corporation executed the within instrument pursuant to its by- laws or a resolution of its board of directors. WITNESS my hand and official seal. Notary Public in and for said State EXHIBIT A " - .ALL THAT REAL PROPERTY SITUATED V7ITHIN THE CITY OF CAPJiSBAD, ' IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING THAT PORTION OF SECTION 32, T0V7NSHIP 11 SOUTH, RANGE 4 WEST, SAN • .BERNARDINO BASE AND MERIDIAN, ACCORDING TO OFFICIAL PLAT • THEREOF, TOGETHER V7ITH PORTIONS OF LOTS 13, 14, and 42, AND OF EUCALYPTUS STREET, ALL OF HOSP EUCALYPTUS FOREST COMPANY'S TPJ^CT, .. ACCORDING TO MAP THEREOF NO.'1136, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, BEING DESCRIBED AS A WHOLE AS FOLLOWS: • BEGINNING-AT THE SOUTHEAST CORNER OF THE NORTH HALF OF THE NORTHEAST - QUARTER OF SECTION 31,'TOWNSHIP 11 SOUTH, R.^NGE 4 WEST, THENCE ALONG THE SOUTH LINE OF SAID NORTH HALF, NORTH 89' 42' 19" WEST 404.27 FEET TO POINT "A" OF THIS DESCRIPTION; THENCE DUE SOUTH 424.67 FEET; . THENCE EAST 339.54 FEET ; THENCE NORTH 30" 00* 00" WEST 35.92 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 15.00 FEET; THENCE NORTKWESTEPJ.Y AND WESTERLY ALONG THE • ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 60* 00' 00" A DISTANCE OF 15.71 FEET; THENCE TANGENT TO SAID CURVE, WEST 43.05 FEET; THENCE NORTH 69.17 FEET TO THE BEGINNING OF A TANGENT CURVE CD.NCAVS SOUTH- • EASTE'RLY AND IL^VVING A RADIUS OF. 10.00 FEET; THENCE NORTHERLY, . NORTHEASTERLY AND EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE-OF 90*" 00' 00" A DISTANCE OF 15.71 FEET; THENCE TANGENT TO SAID CURVE EAST 2.38 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 25.00 FEET; THENCE EASTEPJ.Y, NORTHEASTERLY AND NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTR.a.L ANGLE OF 90* 00' 00" A DISTANCE OF 39 .27 FEET; THENCE TANGENT TO SAID CURVE NORTH 13.67 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 10.00 FEET; THEv\CE NORTHERLY, NORTHEASTERLY, AND EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE 'OF 90* 00' 00" A DISTANCE OF 15.71 FEET; THENCE TANGENT TO SAID CURVE, EAST 140.00 FEET; THENCE SOUTH 60* 00' 00" EAST 90.00 FEET; THENCE EAST 185.24 FEET TO THE -, BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY AND K.WING A RADIUS OF 10.00 FEET; THENCE EASTERLY AND SOUTHEASTERLY ALONG THE . ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 70* 00' 00" A DISTANCE OF 12.22 FEET; ... •; • THENCE TANGEiNT TO SAID CURVE SOUTH aO'OO'OO" EAST 21.72 FEETl THENCE SOUTH 30,10 FEETl THENCE EAST 232,88 FEET; THENCE NORTH 7p.o00'00" EAST 326.42 FEETl THENCE SOUTH.20oOO'00" EAST 76.00 •FEEti THENCE SOUTH 70o00'00" WEST 45.00 FEETl THENCE SOUTH ••: 2po00'00" EAST 190.00 FEETl THENCE SOUTH TOoOO'CO" WEST 32-9.06 .- FEETl THENCE SOUTH 20000'00" EAST 62.00 FEETl THENCE SOUTH - • 70O00I00" WEST 89,48 FEETl THENCE SOUTH 20o00»00'< EAST 20.00 • FEETl THENCE SOUTH 70°00'00" WEST 271.17 FEETl THENCE NORTH . 20®00'00" WEST 60^,97 FEETl THENCE WEST 680.33 FEET TO A LINE ' WHICH BEARS SOUTH FROM THE HEREINABOVE DESIGNATED POINT "A" l WHENCE ALONG SAID LINE, SOUTH 274,86 FEET- TO A LINE WHICH SEARS SOUTH 76*30 • 00EAST FROM A POINT WHICH BEARS SOUTH 22,99 EXHIBIT A - Page 1 *..FEET FROM THE SOUTHWESTERLY CORNER OF LAND DESCRIBED IN DEED TO THE MAY STORES SHOPPING CENTERS iNC-s , RECORDED APRIL 21. •1966 AS INSTRUMENT NO. 66568 Or OFFICIAL RECORDS! THENCE SOUTH • 76c>30«00" EAST ALONG SAID LINE 339,00 FEET TO A POINT WHICH BEARS SOUTH 76'»30'00" EAST 1265.00 FEET FROM THE SOUTHERLY . . TERMINUS OF THAT LINE DESCRIBED ABOVE AS "SOUTH 22.99 FEET" I .. THENCE EAST 740,00 FEETJ THENCENORTH 77*15'51" EAST 52.31 •FEET TO POINT "B" OF' THIS DESCRIPTION; THENCE NORTH 20»00'00" WEST 54.89 FEETl THENCE NORTH 70900'00" EAST 572.50 FEETl THENCE SOUTH 12O44'09" EAST 126.84 FEET TO A LINE WHICH BEARS NORTH . • 77®15'51".EAST FROM SAID POINT "B" HEREINABOVE DESIGNATEDi • THENCE NORTH 77ol5'51" EAST 164.65 FEET TO AN INTERSECTION .-.WITH.THE WESTERLY LINE OF LAND DESCRIBED IN EASEMENT TO THE CITY OF CARLSBAD FOR PUBLIC HIGHWAY PURPOSES» RECORDED MARCH 11» 1966 AS DOCUMENT NO, 42245f OFFICIAL RECORDSi SAID INTERSECTION . BElfiG A POINT IN THE ARC OF A CURVE i THE RADIAL CENTER OF WHICH . BEARS NORTH 76»22'3l" EAST 2563.00 FEET FROM SAID POINTI THENCE ALONG SAID WESTERLY LINE OF SAID EASEMENT) NORTHERLY ALONG • THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 9^51'42" A DISTANCE OF 441,14 FEETl TANGENT TO SAID CURVE* NORTH 3»45'47" WEST 466.31 FEET THENCE SOUTH 86014'13" WEST 110,00 FEETl -THENCE NORTH 3«»45'47." WEST 174.00 FEETl THENCE NORTH 86ol4'13" EAST 110.00 FEET TO THE WESTERLY LINE Or SAID EASEMENT HEREIN BEFORE MENTIONEDl THENCE CONTINUING ALONG SAID WESTERLY LINE NORTH 3*45»47" WEST 10.00 FEET TO AN INTERSECTION WITH THE SOUTHERLY LINE OF CALIFORNIA STATE HIGHWAY AS DESCRIBED UNDER PARCEL 1. IN DEED TO THE STATE OF CALIFORNIA RECORDED SEPTEMBER 8» 1964 AS DOCUMENT NO, 163432 OF OFFICIAL RECORDSi THENCE ALONG , -THE BOUNDARY OF SAID STATE HIGHWAY AS FOLLOWS« NORTH 56*32'53" 'WEST 100.34 FEET TO THE BEGINNING OF A NON-TANGENT CURVE) THE ' RADIAL CENTER OF WHICH SEARS SOUTH 28«33'27" WEST 150.00 FEET THEREFROMi THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH •• A CENTRAL ANGLE OF 31»03'27" A DISTANCE OF 81.31 FEET TO THE END THEREOF I THENCE NON-TANGENT TO SAID CURVE. SOUTH 89*12'51" •WEST 167.13 FEET TO A POINT IN THE ARC OF A 205.00 FOOT RADIUS • CURVE) CONCAVE SOUTHERLY) THE RADIAL CENTER OF WHICH BEARS • -SOUTH 2*30'00" EAST FROM SAID POINT I THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 35*C9'13"- • A DISTANCE OF 125,78 FEET TO THE BEGINNING OF A REVERSE CURVE . HAVING A RADIUS OF 95.00 FEETl THENCE WESTERLY AND NORTHWESTERLY ••ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 112* * 09'13" A DISTANCE OF 185.96 FEET TO THE SOUTHEAST CORNER OP • THAT EASEMENT FOR DRAINAGE PURPOSES DESCRIBED UNDER PARCEL 2i GRANTED TO THE STATE OF CALIFORNIAi RECORDED SEPTEMBER 8. .••1964 As DOCUMENT NO. 163432 OF OFFICIAL RECORDSi THENCE LEAVING SAID CURVE AND SAID SOUTHERLY LINE OF CALIFORNIA STATE HIGHWAY) EXHIBIT A - Page 2 AND FOLLOWING ALONG THE SOUTHERLY AND WESTERLY LINES OF SAID • ?c«lo^^: EASEMENT, SOUTH 74*30'00" WEST 138.88 FEET AND NORTH ' luJf'l'Jl^t ""^'^^ A POINT IN THE SOUTHERLY LINE • OF THE LAND DcSCRIBED UNDER PARCEL 1 IN DEED TO THE CITY OF OCtANSIDtf RECORDED APRIL 20) 1959 AS DOCUMENT NO. 77257 OF PtMi^i'^^ RECORDS! THENCE SOUTH 69*30'00" WEST ALONG THE SOUTHERLY P0?MT'n-'^-?r^M?v.'' ' ^^^*20 FEET TO THE TRUE POINT Or BEGINNING. , - , • EXCEPTING'THEREFROM THAT PORTION OF. SAID SECTION 32, DESCRIBED , AS FOLLOWS' BEGINNING AT SAID SOUTHEAST CORNER OF SAID NORTH •V5^ D?Ll"^ NORTHEAST QUARTER OF SECTION 31) OF SAID TOWNSHIP t^.-^t^^Tiy^-^^- 69*30'00" EAST ALONG SAID SOUIHERLY DESCRIBED IN SAID DEED TO THE CITY OF OCEANSIDE, 425.90 FctTi -THENCE LEAVING SAID SOUTHERLY LINE, SOUTH 5*00'00" ^rfJp?o-i^^f5I, ^^^^ BEGINNING OF THE HEREIN • DESCRIBED PnRCtLI THENCE CONTINUING SOUTH 5*00'00" EAST 104.00 ^^nn!nIP^'~ 85*0.0'00" EAST 327.67 FEETl THENCE NORTH , SoOO'OO" WcST 104.00 FEETl THENCE SOUTH 85*00'00" WEST 327.67 FEtT TC iHE TRUE POINT Or BEGINNING, .ALSO EXCEPTING FROM SECTION 32, HEREIN DESCRIBED, ALL OF THE AC i.^'^f---^? MINERAL AND MINERAL RIGHTS, LYING BENEATH A DEPTH OF 500 Ftti FROM THE SURFACE OF SAID LAND, TOGETHER WITH THE L^^^i!'^^-^^ ^Q^'^' 5UCH LAND LYING BELOW SAID DEPTH FOR THc PURPOSES OF EXPLORING, DRILLING, CONVEYING AND REMOVAL Or ANY SUCH SUBSTANCES AND INSTALLATION OF EQUIPMENT AND PIP"'IN-S •nS^M^"^^" PURPOSES, PROVIDED THAT ANY SUCH ENTRY AND ACTIVITY^"" MAv^ro^i? ^^^^ PURPOSE SHALL BE CARRIED OUT IN SUCH MANNER AS iO AVOID ANY INTERFERENCE WITH THE USE OF THE SURFACE ' RlGHTW,^^^lu It'^li?^ °' ALL MINERAL " KIGHTS AND ALL OIL, GAS, PETROLEUM, OR OTHER HYDROCAPPON <;iiac-^ x.'^-c WITHIN OR UNDERLYING.SAID LAND WITHOUT R!G5T SF SSRFIIE EN^^^ Mto^^M^n^^^Sn^'"' ^^^^^ EXECUTED BY REGINALDO MARRON AND CAROLINE AND Ron?'7???''J^^'^^^ 'J^'' PA^^ 264 OF OFFICIAL RECORDS, AND BOOK 7712, PAGc 477 OF OFFICIAL RECORDS. EXHIBIT A - Page 3