HomeMy WebLinkAboutPlaza Camino Real Expansion; 1978-09-22;a
I. I he May Stores Shopping Geniaru, Inc.
A Ssahskliary of
The May Drpai-tmect Stopes Cmnpnny
September 22, 19'78
Mr, Vincent F. Biondo, Jr,
City of Carlsbad
1200 Eim Avenue
Carlsbadl, CA 92008
City Attorney
Re: Plaza Carnina Real CarLsbad, CalijFornia
Dear Virzce:
Enclosed herewith is one (1) fully executed counterpart of the
"23~ienchen-t of Deed Covenants, Conditions, Restrictions and Reservations; Subordination Agreement; and Grant of Parking
Easements". The recording data is shown on a slip attached to
Sincerely,
the Agreement-
THE MAY STOKES SHOPPING CENTER:
,' . -.>c-- -- . /* /' Herbert Le Roth
r,> *i' -
H,iR:1 i
Executive Officvi, IO7:113 \Vent Pic0 Blvcl., Suite 1, IA)R Angeies, Culifm-nire 90064 "e!. (213) 879-I850 4753301
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AMENDMENT OF DEED COVENANTS, CONDITIONS, RESTRICTIONS
GRANT OF PARKING EASEMENTS
A Ed D R ES E R VA T IO NS ; S UB 0 R D 114 AT ION AG R E EM EN T ; AN 1)
THIS INSTRUMENT, is made as of Auqust X,
1978 by the PARKING AUTHORITY of the City of Carlsbad, a public
corporation i'ormed under the laws of the State of California (I1
ing Authority"), the CITY OF CARLSSAD, a rcuniclpal corpcration
the State of California (llCityrt), PLAZA CAMINC REAL, a Califorr
limited partnership (tfDeveloperltj, MAY PROPERTIES, INC., a DelE
corporation ( "Propertiesf1) , THE NAY DEPARTMENT STORES COMPANY,
New York corporation, (1fNay17), NEW MARJORAM ASSOCIATES, a New Y
partnership ("Marjoram" I, Corporate Properties Investors, a Mas
chusetts business trust (lrCPI1t), J.C. PENNEY COMPANY, INC., a
Delaware corporation (IrPenneyff) I SEARS, ROEBUCK PND CO., a New
corporation (fsSears), FEDERATED DEPARTMENT STORES, INC., a Dela
corporaticn ("Federated") and CARTER HAWLEY HALE STORES, INC. ,
California corporation (''Carterf*) 9 with reference to the fo! low
facts and circumstances:
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Q
I
t A. All property herein referred to is in the City of Carl P
I
;: . County of San Diego, State of California and all references her
to recorded instruments or instruccsts t~ 5c reccrded, refcr So
instruments recorded or to be recorded in the Office of the Cou
Recorder of San Diego County, California. All said property is
within Carlsbad Tract CT 76-18 according to Map No. yq's6 re
on CLAW& /I , 1978. All Exhibits herein referred to are at
hereto and made a part hereof by reference.
i
B. Parking Authority is the owner of Lots 1, 7, 8, 9 and
of Carlsbad Tract CT 76-18 (the "Phase I Public PaGking Land")
pursuant to a grant deed from Developer recorded on October 21,
as instrument No. 193480. Parking Authority is the owner of Lo
16 and 22 of Carlsbad Tract CT 76-18 (the "Phase I-A Public Par
Land") pursuant to a grant deed from Developer recorded on the
date that this Instrument is recorded. Said grant deeds are he
after referred t(3 2s the "Grant Deeds".
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Recording data fop An~endernent of Deed Covenants, etc,
k'ile/Page No. 78-346431
i Book 1978
Title Insurance and Trust Company
- f
I * Recorded Request of d
1 I1
: Aug 15 12:26 p.m. '78
Official Records
San Diego County, Calif. I' I
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C. City is the lessee of the Phase I Public Parking Land
pursuant to a lease from Parking Authority dated August 21, 196
and is the lessee of of the Phase I-A Public Parking Land pursL
to an amendment to said lease. Said lease, as.amended, is here
referred to as the "Lease Agreement".
D. In 196g1 the Parking Authority issued bonds (the l'Bond
to finance the acquisition of the Phase I Public Parking Land E
the improvements thereon, pursuant to Resolution No, 5 of the F
Authority adopted August 21 , 1969 (the "Bond Resolutionr1).
E. Developer is the Operator of the public parking lot on
Phase I and Phase I-A Public Parking Land pursuant to a Public
Lot Operating Agreemen't dated November 24, 1969 as amended, (tk
"Public Parking Lot Operating Agreementit). Attached as an exhi
to the Fourth Supplement dated %3, 1979 to an Agreement date
November 5, 1975 among Developer, City and Parking Authority i:
forn! for an agreement entitled "The Plaza Camino Real Public Pz
Lot Operating Agreement1* (the "New Public Parking Lot Operating
Agreement"), Developer, City and Parking Authority will enter
the New Public Parking Lot Operating Agreement upon conveyance
Develbper of certain land to the Parking Authority and the lea:
thereof by the Parking Authcrity bvg City, as set Forth in s2i.d
Agreement dated November 5, 1975, as amended. Said New Public
Parking Lot Operating Agreement will thereupon by its terms SUI
sede the Public Parking Lot Operating Agreement.
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F. The Phase I Public Parking Land is subject to certain
covenants, conditions, restrictions and reservations contained
in the aforementioned deed recorded October 21, 1969. Said re:
vations benefit the adjoining real property owned by Developer
the time of recording said deed. Said covenants, conditions ar
restrictions benefit said adjoining real property then owned b)
Developer and adjoining real property then owned by May and Per
The adjoining real property then owned by Developer is now ownc
part by Developer and in part by Federated.
property owned by Developer is leased to Sears and a portion i:
I --
A portion of said
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leased to Carter. The adjoining real property then owned by May
now owned in part by Properties and in part by May and Develope
tenants in common. Said real property owned by Properties is le
to May. The adjoining real property then owned by Penney is no
owned by Marjoram. Said real property owned by Marjoram is leas
to CPI and is also leased to Penney. The parties desire to ame
said covenants, conditions, restrictions and reservations as he
set forth.
Go The Phase I and I-A Public Parking Land, and the estat
Parking Authority and City therein, are subject to that certain
' Construction, Operation and Reciprocal Easement Agreemefit among -- -_
Developer, May and Penrey recorded July 28, 1969 as docuntent
No. 135913 (the "Phase I REA") o Developer, May, Penney, Federa
Carter and Sears have entered ints a certain 6-Pzrty ArreRded an
Restated Construction, Operation and Reciprocal Easement Agreern
(the fsAmended and Restated REAi1) which zimends and restates in i
entirety the Phase I REA. The Amended and Restated REA will be
recorded on the same date as this Instrument. The parties desir
I that the Phase I and I-A Public Parking Land, and the estates o i
I Parking Authority and City therein, shall be subject to the Ame
and Restated REA.
l
H. Developer, Properties, May, Marjoram, CPI, Penney, Sea
Federated and Carter each desire certain perpetual non-exclusiv
easements in, to and over the Phase I and I-A Public Parking La
NOW THEREFORE, the parties agree as follows:
1. AMENDMENT OF COVENANTS, CONDITIONS, RESTRICTIONS AND RE SE R V AT I OFI S
The covenants, conditions, restrictions and reservations i'
deed from Developer to Parking Authority, recorded October 21,
. as instrunlent No. 193180, are hereby amended, commencing on the
eleventh line on page 4 and ending on the second line on page 1
- of said deed, to read as follows:
,
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RESERVING UNTO GRANTOR, its successors and assigns, and to and for the benefit of each and every portion of adjoining Lots 2, 3, 4, 5, 6, 10, 11, 12, 13, 14, 15, 17, 18, 19, 20, 21, 23, 24, 25, 27, 28 and 29 of Carlsbad Tract No. CT 76-18 according to Map No. YL75L filed in the Office of the County Recorder of San Diego County, California on -4- I/ , 1978 (hereinafter
referred to as the "adjoiding lots"), easehieats on,
under and over the land conveyed hereby as follows:
(a) Easements (hereinafter 1 eferred to as "instal- lation easements'!) for:
(i) The installation and maintenance of
utilities as may be necessary or appro-
priate to provide utility service to the
adjoining lots. Grantor shall have the right to grant to utility companies the
appropriate easements for the installa-
tion and iiiaintenance of uti1i:ics as may
be necessary to provide utility service
to such lots. All such utilities shzll
be underground, except with respect to those facilities which are normally aboveground in connection with under-
ground Gtility systems. The term "utili-
ties'! as used herein, includes: but is
not limited to works, lines, and strGc-
tures necessary to provide the following products or services to the adjoining
lots: water, sewers, drainage, electricity,
gas, kelephone and cable or closed circuit television.
(ii) The purposes of erecting, constructing, maintaining and operating signs to provide proper advertisement of and directions for business establishments
located on the adjoining lots.
(b) Easements (hereinafter referred to 3s !l~~~~rnon
.
use!' easements) for the purpose of ingress and
egress by any pedestrians, automobiles, trucks
and any other vehicles to and from the adjoin-
ing lots, or any portion thereof by traversing .
the land conveyed hereby in any direction to
or from any point on the common boundary line of the land conveyed hereby and the adjoining
lots or any portion thereof, and the parking of such vehicles, including, but not limited to,
an easement for access to Lot 8 of the aforemen- tioned CT 76-16 and from there to a public street to wit: El Camino Real; provided, however, that said common use easement shall not be exercised so as to interfere with the use of the land
conveyed hereby for public parking lot purposes
and said common use easements shall be exercised consistent with the configuration of said public parking lot.
/
The easement rights reserved hereby irlclude the
power on the part of Grantor, its successors and assigns, and the other owners of the adjoining lots,
their successors and assigns, to grant easements and
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licenses for the use of said easement rights to others,
provided such grants are solely for the benefit of
the adjoining lots.
to be granted thereunder are subject to the following
The easement rights reserved hereby and any licenses
I condition:
The rights of usage under the common use
easements shall be nonexclusive, and in common with the rignts of usage on the part. of each owner of or licensee under such rights
and with all nembers of the public having the
right or privilege for like usage of the Parking
Facilities under the terms and provisions of that certain Lease Agreement, dated August 21, 1969
(hereinafter referred to as the "Lease"), by and
between Grantee and the City of Carlsbad, a muni- cipal corporation.
The rights under the easements hereby reserved shall
be appurtenant to the adjoining lots and any portion thereof e
FURTHER RESERVING UNTO GRANTOR, its successors and assigns, an easenient for the continued maintenance Jf the
footings of a building located on land adjoi-ning the land conveyed hereby, said footings being beneath the surface of that portion of the land conveyed hereby more parti- cularly described as follows:
That portion of Section 32 in Township ll
South Range 4 West, San Bernardino Merdian
Diego, State of California according to
' Map thereof shown in Official Plat, parti- cularly described as follows:
Beginning at a point on the Westerly line of land describeti in Easement to the City of Carlsbad for Pgblic Highwa:: purposes,
recorded March 11, 1966 as Document No.
42245, Official Records, said point lying 441.14 feet southerly along the arc of a curve, the radial center of which bears North
76'22'31'' East 2563.00 feet from said point,
thence South 77'15'51'' West 164.65 feet; thence North 12'4at0gf1 West 5.50 feet to the true point of beginning of the herein described encroachment; thence North 77' 15-'51r1 East 0.45 feet; thence South 12'44'0g1' East 66.80 feet;
thence South 77115'5111 h'est 0.45 feet to the
true point of deginning.
The conveyance hereby made is also sbbject to
1, The Lease covering the land conveyed hereby executed by Grantee herein as Lessor to the City of Carlsbad, as Lessee.
covenants, restrictions, reservations, and similar matters of record on the date of delivery of this Grant Deed to Grantee.
in thc P:C.. uJ.c*y VL -f- r-.minhqA vu, -""a", rAqtn+., ""UL'VJ cf sari
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A. the following:
2, The easements, rights-of-way, conditions,
B. The conveyance hereby made is also subject to, and Grantee, by its acceptance of this Deed, for itself,
I.
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its successors and assigns, hereby makes and agrees to
the following covenants, conditions, and restrictions,
namely:
1. The land conveyed hereby shall be held in
trust by Grantee, and its successors, and dedicated perpetually to public use as a municipal parking lot available to the
public. Grantee, and its SUCC~SSO~S and
assigns, shall operate the municipal parking
lot withoilt charge to the public unless such
charge to the public is required by another
governmental entity other than Grantee or
the City of Carlsbad, or any agency or instrumentality thereof, as a part of a parking management program, transportation
control plan, or other government regulation of parking and such charge cannot be legally absorbed by Grantee or its ~uccessors and assigns. Said parking lot sk%ll be main-
tained in good condition with all necessary
repairs and replacements .and shall be
operated by Grantee in such a manner as to provide internal traffic routing and control so as to maintain proper flow of traffic around End within said parking lot and to provide at a11 times access for ingress and
egress to and from the adjoining lots
including, but not limited to, pedestrians,
automobiles and commercial vehicles engaged in making deliveries .to and pickups from establishments on the adjoining lots and unloading opertions in connection there-
with, Sid pzrlring lot- sha1.l be kept open
for public parking on all days, including
holidays, and at all hours except when there is no reasonable need in the adjoining lots for parking in said parking lot or when and
insofar as reasonably necessary for repairs
or maintenance. No improvements, structures buil-dings, or facilities shall be placed
thereon or therein which obstruct, inter- fere with or restrict the use of the land
conveyed hereby as a municipal parking lot, except for decorative plantings, lighting facilities and other improvements incidental to the use of said land as a municipal parking lot.
As used herein, the term "total
taking" refers to a taking, through or in lieu of eminent domain proceedings, of eighty percent (80%) or more of the total area of the parking lot and the term
'Ipartial takingr1 refers to a taking through such proceedings of any lesser area.
(a) In the event of a total taking, the
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compensation awarded for such taking shall be apportioned as follows: Grantee shall receive out of the award
for such taking an amount egual to its unpaid indebtedness for the cost of improvements and ,costs of operation ' and maintenance of the parking facili- ties incurred by it, less the amount
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held by or for it for any such pur- poses. The balance of the award for such taking shall be apportioned between Grantor and Grantee, and their
respective successors and assigns, as
their respective interests may be
determined by the Court.
(b) In the event of a partial taking, Grantee shall cause the construction,
upon the remaining portion of the iand conveyed hereby, of a multi-level , parking structure or structures? or
other replacement parking facilities
having capacity sufficient to compensate, to the extent reasonably possible, in light of such physical
litnitations such partial taking imposes, For the reduction in parking capacity caused by such
partial taking if and to the extent
that proceeds apportioned to it
as a result of such taking are available. Grantor may, at its elec- tion, contribute toward the cost of
such r e pi ac em en t par ki n g f ac i 1 i t '-e s . . In the event that the proceeds of any such award in eminent domain appor-
interest are not required to be so used as above-provided, such pro-
ceeds shall be deposited in a fund
for discharge or redemption of any
indebtedness of Grantee jrl connec-
tion with the initial construction of said parking facilities or to Grantee if such indebtedness has been
I fully discharged. That portion of any
such award apportioned to Grantor as a
, tioned to Grantee or its successors in
L result of such taking shall be retained
by the Grantor. I
i
2. If at any time or times Grantee fails to carry out, or to cause to be car- ried out, the maintenance and opera- tion of the land conveyed hereby 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, immediately to assume and
carry out the maintenance 2nd operatior of and construction on said land 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 assumes and is ready to carry out, or causes anothe
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person, association, or corporation
ready and abbe to do so, to assume and
carry out the maintenance and operation
of said land as a public parking lot in accordance with paragraph 1 of this
Section B.
3. Shouid the parking facilities be damaged by .fire, lightning, vandalism, malicious mischief or any other casualty, Grantee shall cause the repair of such damage with all reason-
able dispatch. Grantee shall procure and maintain or cause to be procured and maintained in full force and
effect at all times, a policy or
policies of insuranc.e against loss or
damage to the improvements of the parking facilities, resulting from
-fire, lightning, vandalism, maiicious
mischief and such other perils as are
ordinarily included -in "fire and extended coverage insurancen, providing coverage at one hundred percent (100%)
of the replacement value of said
improvements written by a financially
responsible insurance company( s) authorized to do business in the State of California. Anyone having posses- sion of any or ali of said parking
facilities under a lease, license or
other similar document, or anyone to
whom all or any part of said parking
iaciiities are assigneci, pledged or placed in trust as security for any loan for the cost of said improvements
shall be named as additional insured under such policies of insurance.
The insurance obligations of Grantee pursuant to this paragraph are ful- filled if Grantee causes the procure- ment and maintenance of such insurance
and Grantee or its successors and assigns are named as zdditional in- sured under said policy of insurance. If the improvements are to be repaired
or rebuilt all proceeds of insurance
with respect to loss or damage
shall be applied toward the cost of said repair or rebuilding. If the improvements are not required to
be repaired or rebuilt as provided for herein, all proceeds of insurance with respect to loss or damage shall be
deposited in a fund for redemption of
indebtedness of Grantee in connection
with the construction of said parking facility improvements.
4. Enforcement of the conditions, restric-
tions, reservations and. covenants herein provided may be by any legally
available remedies. Such remedies shall include, but not be limited to, injunction or specific performance.
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5. This grant is made on the express
understanding that the Lease consti-
tutes valid arid binding obligations respectively on the part of Grantee
and the Lessee therein named, and ,should the contrary be established at any time during the terms of the Lease
pursuant to entry of a.final judgment
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 the land conveyed hereby shall revert to and revest in Grantor in the same manner as if this conveyance had
never been made.
6. In the event that Grantee or its successors and assigns fail to perform and fulfull the covenants, conditions
and restrictions set forth in para-
graphs 1 through 5,--+nclusive, for a
period of ninety (90) days after writte
notice from Grantor or its successors or assigns, 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 terminate the estate herein
granted for condition broken by reentering the land conveyed hereby pursuant to California Civil Code
Section 1109 or any successor statute.
7. Each and all of the covenants, condi- tions and 'restrictions herein set
to be continuing, and the extinquich-
ment of any right of entry or rever-
sion for any breach shall not impair or affect aily of saii covenants,
conditions or restrictions so far as
any future or other breach is concerned No waiver of breach of any of the
covenants, conditions and restrictions herein contained shall be construed to be a waiver of any other breach of the same or other covenants, conditions or restrictions nor shall failure to
enforce any one of such covenants, conditions or restrictions; either by forfeiture or otherwise, be construed
as a waiver of any other covenants,
conditions or restrict ions .provided,
however, that no such breach shall
defeat the lien or encumbrance affecting the land conveyed hereby and made in good faith to secure indebted- ness incurred in improving said land for the uses and purposes aforesaid.
I forth shall be deemed and construed I I
I j
8. The covenants, conditions and restric-
tions made by Grantee hereunder are
hereby expressed to be for the benefit
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of the adjoining lots and are made expressly by Grantee to bind its successors and assigns in favor
of Grantor and the owners of the
adjoining lots and the respective successors and assigns of Grantor and said owners, and are expressly
intcnded to run with such land and
each portion thereof.
2. SUl3ORDINATION AGREEMENT
The respective estates of the Parking Authority and the C5
in the Phase I and Phase I-A Public Parking Land are hereby mac
subject to the grants of easements contained in the Amended anc
Restated REA pertaining to said land and to the covenants in tk
Amended and Restated REA to do or refrain from doing some act
relating to the use, repair, maintenance, operation, improverner
reconstruction of, or payment of taxes and assessments on said
Notwithstanding the foregoing, said subordination shall in no c
be construed or exercised so as to:
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(a) Adversly affect the security of the. Bonds or thc
rights of the holders of said bonds to the extent such sec
and such rights are not already affected by the Phase I RI
(b) Affect the obligations of the Operator to the C:
and Parking Authority under the Public Parking Lot Operat:
Agrement and the !Jew Public Tarking Lot Operating Agrzernt
(c) Affect the rights and obligations of the respec1
parties to the Grant Deeds, the Lease Agreement, the Bond
lution, the Public Parking Lot Operating Agreement and thc
Public Parking Lot Operating Agreement except to the extei
rights and obligations of such parties are already affect(
the Phase I REA.
3. GRANT OF PARKING EASEMENTS
Parking Authority hereby grants to Developer, May, Carter
Properties, Marjoram, CPI, Penney and Federated the following
non-exclusive easements (hereinafter referred to as llAdjacent
easements") for the passage and parking Qf vehicles and for th
and accommodation of pedestrians, for the benefit of each gran
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respectively, and its respective Permittees as that term is defi
in the Amended and Restated REA each of said easements being app
tenant to certain Lots of Carlsbad Tract CT 76-18 and the estat
of the grantees therein, as hereinafter set forth:
(a> To Developer and May such Adjacent Parking easeme
in, to and over the portion of the Phzlse I Public Parking i
described in Exhibit A. Such easement is appurtenant to LC
and the fee estate of Developer and May therein.
(b) To Developer and Carter such Adjacent Parking ea:
in, to and over the portion of the Phase I Public Parking I
described in Exhibi't B. Such easement is appurtenant to LC
18 and 24 and the fee estate of Developer and the leaseholc
estate of Carter therein. Upon the conveyance of Lot 19 tc
Developer or Carter such easement shall also be appurtenant
to Lot 19 and the respective estates of Developer and Cart6
therein e
(c) To Properties and May such Adjacent Parking easen
in, to and over the portion of the Phase I Public Parking I
described in Exhibit C. Such easement is appurtenant to LC
12 and the fee estate of Properties and the leasehold estal
of May therein.
(dl To Marjoram, CPI and Penney such Adjacent Parkini
easement in, to and over the portion of the Phase I Public
Parking Land described in Exhibit D. Such easement is appi
tenant to Lots 11 and 20 and the fee estate of Marjoram ant
respective leasehold estates of CPI and Penney therein.
(e) To Federated such Adjacent Parking easement in,
and over the Phase I-A Public Parking Land and the portion
the Phase I Public Parking Land described in Exhibit E. SI
easement is appurtenant to Lots 14 and 15 and the fee esta
Federated therein.
Said Adjacent Parking easements shall not be exercised so
interfere with the use of the land subject to such easements fo
public parking lot purposes as set forth in the Grant Deeds of
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land to the Parking Authority and shall be exercised consistent
the configuration of the public parking lot thereon.
City acknowledges that its leasehold estate in the Phase I
and Phase I-A Public Parking Land, and Developer, Properties, Mi
Marjoram, CPI, Penney, Sears, Federated and Carter acknowledge
their respective interests in the P'hase I and Phase I-A Public
Parking Land, are all subject to said Adjacent Parking easement
Notwithstanding the foregoing, said Adjacent Parking easements
have no adverse effect on the security of the Bonds or the righ
of the holders of said Bonds not already effective against said
Bonds and the rights of the holders of said Bonds under the Pha
REA and the Grant' Deeds. -- .-_
4. SUCCESSORS AND ASSIGNS
The provisions of this Instrument shall be binding upon ani
insure to the benefit of' the respective successors and assigns
of the parties hereto.
*.
PARKING AUTHORITY OF THE CITY ATTEST or" Cdr"\LSE;ATj 27d d&AF&/ BY rb . i
ATTEST CITY OF CARLSBAD
L@&fd."@& BY &62?A/rBd/
approve the form and legality of the foregoing Instrum
this I here? day of fiU[,(.!57 9 1978-
City of Carlsbad
PLAZA GAMIN0 REAL By: The May Stores Shopping Cent
v2wa -12- S
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MAY PROPER IES, IMC. a
BY ///:/ k 7. g&fl-- /2//’ //
THE MAY DEPART ENT STOR S COMPANY
I\ /& /&cT& I PC <fi
SSISTANT SECR
NEW MARJORAM ASSOCIATES
CORPORATE PROPERTY INVESTORS -- - ATTEST
BY
$I> ! J.C. PENNE COMPANY, INC.
VICE PRES!DE % yJ\ BY &2tLlA ( \ ATTESTi \ l\it
.--J&.q I\ --
ASST SECRETARY
SEARS, ROEBUCK AND CO.
t
ATTEST
BY
ATTEST FEDERATED DEPARTMENT STORES, INC,
BY
ATTEST CARTER HAWLEY HALE STORES, INC.
BY
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ATTEST \ MAY PROI’EE~TIES, INC
e4
BY -
ATTEST . TilE NAY DEPASTMEIJT STCCZS CC>i.iPANY
Y
MEW MARJORAM ASSOCIATES
ATTEST COR PO R AT E Pli 0 P E R TY I N VE ST OR S
---.
BY .-
ATTEST J. C. €’ENl.IEY CGf-IP!itL’Y, XNC.
. BY -.-.
SEARS, ROEBUCK ANE CO.
I
BY
I
ATTEST FEDERATED DEPARTMENT STORES, INC.
BY
ATTEST CARTER HAWLEY HALE STORES, INC.
BY
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ATTEST \ MAY PROPERTILS, INC.
*/
BY
ATTCST . THE MAY DEPARTMENT STORES CObIPANY
,. -
N E W M Ei 11 J 0 13 AM ASS OC I AT E S
--
A TT E S T dac& c *i
ATTEST J. C. PENNEU CGNPANY, THC,
..
--e
- BY
ATTEST SEARS, ROEBUCK AND CO.
By I
ATTCST FEDERATED DEPARTMENT STORES, INC
BY
ATTEST CARTER HAWLEY MALE STORES, INC.
BY
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A TT E S 7: -, MAY PROPERTIES, INC,
4J
BY --
ATTZST . TIiL MAY DEPARTMENT STORES COMPANY
-
NEW MARJORAM ASSOCIATES
-
A TT EST CORPORATE PROPERTY INVESTORS
.- -9.
BY .-
ATTEST J. C. PEIJNEY COPIPANY, Il.1C.
BY - c___
ATTEST SEARS, ROEBUCK AND CO.
\
BY AI__-
ATTEST FEDERATED DEPAR'L'NENT STORES, INC *
Ass't. Secretsty E4 BY d-dl- Exocutive Vice President 2+=7----
ATTEST CARTER HAWLEY HALE STORES, INC.
BY
8/3/78 - 3.3 '0
*' <. 0 * $,, ,- 'I
ATTEST -, I4AY PllOPERTIr~S, INC,
*/
- BY -
. THE !"1\)1 DEPARTMEIllT STORES CO!.IPANY .. ATT.EST
..
..
NEW .MARJORAIJI ASSOCIATES
-
ATTEST CORPORATE PROPERTY INVESTORS
.- ....
BY -
ATTEST J. C. PENIjEY COl*lPAI.4Y, .. INC.
-- BY
ATTEST SEARS, ROEBUCK AND CO.
BY
ATTEST FEDERATED DEPARTMENT STORES, INC
- BY
CARTER IIAWLEY HALE STORES, INC.
.. ..
tl
8/3/10 -13-
\. 0 e
ATTEST MAY PROPERTIES, INC,
*.
I - BY
i i
ATTEST THE MAY DEPARTMENT STORES COMPANY
\
I
NEN MARJORAM ASSOCIATES
htk* \-L,. ))LA/&& 44 bq-..LK
- '\-----
. ATTEST CORPORATE PROPERTY __I INVESTORS
BY -__I
ATTEST J.C. PENNEY COMPANY, INC.
BY -
ATTEST SEARS, ROEBUCK AND COI
i
i BY i !
f b
ATTEST FEDERATED DEPARTMENT STORES, INC,
BY
ATTEST CARTER HAULEY HALE STORES, INC.
BY
b
.* (Acknowledgements to be attached)
4 - I_
,
1
I ~ ---.-II__.__I_ -13- -- _- 7/13/75 - - - '
a ---__ - --* - ___ ' 1'
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1
) ss
STATE OF NP~ Ycjrk
s COUST'I OF New York )
CT: August 10 , 1978, before me, the undersig~
a Nota-y Public in and for said State, pt'rsonally appeared Nelson
known to
to be bc 0:" the 2artners of NEW ~:~SJORAM ASSOCIATES, the partners)
that exccuted the wiZhSn instrument, and acknowledged to me that
such partneyship exccuted the sgme.
L
and - GIie
..
8
t.fITf;ESS cy hand and official seal.
.'\
..
DQNNW CAT -2 ?iZA RQ . &txy Public. Sfalp @f Yew YWh
~l~I~flad in New York Ceuntv
commirsion Expires March 30, 1979
.- No. 27-4652006
\
. . * * ". k, i .-% .,. e-* .. _. -* *_ -r, r
_-
e 0 x.
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO)
) ss. -
*.
On Auqust 4, , 1978, before me, the under
signed, a Notary Public, in and for said State, personally appc
Ronald C. Packard, known to me to be the Mayor, and Margaret E,
Adams, known to be to the City Clerk, respectively, of the Cit.
Carlsbad, a municipal corporation that executed the within ins1
ment, known to me to be the persons who executed the within in:
ment on behalf of said municipal corporation therein named, an(
acknowledged to me that such municipal corporation executed thc
within instrument pursuant to a resolution of the City Council
lI
1
L'
I
tb
.- -
. said City of Carlsbad.
WITNESS my hand and official seal.
Motary Public
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO) \
1 ss.
On Auqust 4, p 1978, before me, the unc
signed, a Notary Public, in and for said State, personally appl - Vice , known to me to be the/Chairman
Margaret E. Adams, known to me to be the Clerk, respectively, c
i the Parking Authority of the City of Carlsbad, a public corpor,
that executed the within instrument, and known to me to be the
persons who executed the within instrument on behalf of said pi
corporation therein named, and acknowledged to me that such pul
corporation executed the within instrument pursuant to a resol
I
I) tion of said Authority.
WITNESS my hand and officia seal.
Notary Public .
8/3/78 -3.4-
I) a
STATE OF CALIFOWIA )
) ss.
COUNTY OF SAN DIEGO )
I
d before me the Undersigned
-mcJ?--d&. ,, *aL -’ &,, , know to c7 me to m/ ukh-~xp~,_i y&$e$?%ely, of the city
on-J2 dJ Y, P77P a Notar-$yblic in’and for said State, Personallj‘ appeared , known to me to be the
-, . of carisbad, a mwlcipal corporation Of the State of Cahiforn
known to me to be the persons who executed the within instrum
on behalf of said municipal corporation, ad acknowledged to
that such City of Carlsbad, California executed the same- i ’.
~~TP;IESS my hand and official seale y-”” ~~~~~~~~~~~~~.~~~-~-~~
1
STATE OF CALIFORNIA )
f 1 ss.
e, COUNTY OF SAN DIEGO )
On B&Ad /IJ;/9%? t before me the undersigned, a tary Publi, in and for said State, personally appea ed - adl2 known to me to be the /&-
‘liaiman and 272?&7~Lf225-/. %YAG.& , known to me to be the Clerk, respect?;fcl-ely, Of the Parking Authority of the city
Of CarlsSadr a munlfciPa1 corporation of the State of Californi known to me to be the persOn(S) who executed the within instrment on behalf of said municipal corporation, and
acknow1edged to me that such City of Carj-sbad, california
I
4,
executed the same.
ss my hand and official seal.
.- --_ . - -. .... .. .. -. .-.,. ._ .------ . - . - .- . .- ,
m - ,-
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES)
1 ss.
On August 8 I , 1978, before me, the under-
signed, a Notary Public in and for said State, personally appear
' , known to me to be' the Executive ViCE
Jacqueline King, known to me to be the Assistant Secre
-$ of THE MAY STORES SHOPPING CENTERS, INC., the corporation thi
executed the within instrument and known to me to be the person,
who executed the within instrument on behalf of said corporati01
said corporation being known to me to be one of the partners of
PLAZA CAMINO REAL, a limited partnership, the partnership that
executed the within instrument, and acknowledged .- to me that suc
corporation executed the same as such partner ad that such
partnership executed the same.
William M. Harding -
President and
WITNESS my hand and official seal.
q
m *. 7, &z&& I~I*~~PPEE~~~P6~Q~PBelllBlastBrPelslgE~~~l
SUSAN E. PETERS 2
R. P Los ANGELES COUNTY E
MY Commission Explies Oct 2, 1981 g
~~~l~~~~~~~~~~t6~~~~I~~$~n~~~s~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
OFFICIAL SEAL - Ba n m LI " .. -
u m NOTARY PUBLIC - CALIFORNIA ; Notary Public " - I
w ..
STATE. OF California )
COUNTY OF Los Angeles )
\\
) ss.
On August 8 , 1978, before me, the undersigr
a Notary Public in and for said State, personally appeared - Robe
Getz , known to me to be the Vice Preside
and Jacqueling King, known to me to b ~- ~ssistant Secretary , _-_ I -_- -
of MAY PROPERTIES, INC., the corporation that executed the
within instrument, known to me to be the persons who executed
the within instrument on behalf of the corporation therein namc
and acknowledged to me that such corporation executed the with
instrument pursuant to its by-laws or a resolution of its boar(
of directors. .*
WITNESS my hand and official sea.
f~!38EKEF:52i;BZ:Gs~~2~?~~6?~S~~g~~~~~~~~~~l€~~~~~~~~~~~~~~,
01 tIClA1 I, 'AIJ -
SUSAN C. fJCTEfS i
NOTMY 1)111111(' ("IIOWIA 2 1:
IO> Atl',lIlh (oui\[y 2 N My rnrririii\wit I XIIII~ s ot t 2, 19d1 2
I~IIYIIBJIIII~IEY)~~I:~~~~~~~~~~~~~~~~~.~~
fl/?/7fl -15-
m 0 (* . .
STATE OF California )
COUNTY OF LOS Angeles ..>
) ss.
On August 8 ? 1978, before me, the unc
signed a Notary Public in and for said State,' personally appe
Robert E. Getz ,. known to me to be the Vice F
and Jacqueline King , known to me
be Assistant Secretary of THE MAY DEPARTMENT STORES COMPANY,
corporation that executed the within instruriient, known to me
be the persons who executed the within instrument on behalf o
corportion therein named, and acknowledged to me that such co
ation therein named, and acknowledged to me that such corpora
executed the within instrument pursuant to its by-laws or a r
lution of its board of directors.
. .-
WITNESS my hand and official seal.
~~~PZZ611;31116C311~~ISB~~~~~~€~~@fB~E~R~~~~~~€U8:~6~~~~~~@~@~~
m SUSAN E. PETERS 5
m' NOTARY PUBLIC -CALIFORNIA z
u .. LE ANGELES COUNTY i .. L
.E m - - m
P 0
I. I ea
"
m
m 7%i5AA
OFFICIAL SEAL
c 2.
w My Commission Expires Oct. 2, 1981 5 * .* :. r.:,. I 0''. 8:: .tSttiLlllit .f XC?l&KIGfPEE
STATE OF )
COUNTY OF 1 ) ss.
On , 1978, before me, the un
signed, a Notary Public in and for said State., personally app
, known to me to be a partner of
MARJORAM ASSOCIATES, the partnership that executed the within
instrument, and ackn~wledged to me that such partnership exec
the same.
. WITNESS my hand and official seal.
Notary Public
I,
8 / 3 / '7 8 -16-
0 m &
STATE OF NEW YORK )
COUNTY OF NEW YORK) ) ss.
e,
On , 1978, before me, the unde
signed, a Notary Public in and for said State, personally appca
I__ , known to me to be
of CORPORATE PROPERTY INVESTORS, the institution that executed
within instrument, and known to me to be the person who executec
the within instrument on behalf of said institution and acknowll
to me that said institution executed the same.
WITNESS my hand and official seal. .
-r ._
Iiotary Public
. STATE OF fJ&l’’ i/l:h!/k )
) ss.
) COUNTY OFiLl, I/*p b yLq)(
On , 1978, before me, the und
signed a Notapy Public in and for said State, personally appeare
, known to me to be the - , known to me to be RWWRam -
of J.C. PENNEY COMPANY, INC., the corporation that executed the
within instrument, known to ne to be the persons who executed th
within instrument on behalf of the corporation therein named, an
acknowledged to me that such corporation executed the within ins
ment pursuant to its by-laws or a resolution of its board of dir
WITNESS my hand and offical seal.
ELIZABETH Dl FULVlO
No. 41-4632326 Qualiflcd in Queens c Certiticate filed in New Yor Commission Expires March
NOTARY PUBLIC, state of New m%
*.
L
8/3/78 -17-
e 0 '.
-\
c
STATE OF /&LI Fcd/v<'fi 1
) ss,
COUNTY OF L-rs ,@fibad .FL C-3 ' ).
On $LM- 9 ' , 1978, before me, the un
signed a Nobary Public in an4 for said State, personally appear
TERRITSI,.. . .* 2. K. fi0R/Qfl , known to'me to be the FMN N I NG j\l~ni+.\C
rn ,-be
of SEARS, ROEBUCK AND CO., the corporation that executed the wj
instrument, known to me to be the persons who executed the witf
instruirient on behalf of the corporation therein named, and ackr
ledged to me that such corporation executed the within instrurnc
pursuant to its by-laws or a resolution of.i._ts board of directc
WITNESS my hand and offical seal.
?\JhA J Notary P blic
l-
STATE OF 1
COUNTY OF 1 ) ss.
On , 1978, before me, the u
signed a Notary Public in and for said State, personally appea
, known to me to be the
and , known to me to be
of FEDERATED DEPARTMENT STORES, INC., the corporation that exe
the within instrument, known to me to be the persons who execu
the within instrument on behalf of the corporation therein nam
and acknowledged to me that such corporation executed the with
instrument pursuant to its by-laws or a resolution of its boar
directors.
WITNESS my hand and offical seal.
Notary Public
8/3/78 -18-
m m 1.
STATE OF 1
COUNTY OF . 1.
) ss.
On , 1978, before me, the un
signed a Notary Public in and for said State, personally appear
*b , known to‘me to be the
and , known to me to be
of SEARS, ROEBUCK AND CO., the corporation that executed the wi
instrument, known to me to be the persons who executed the witk
instrument on behalf of the corporation thefein named, and ackr
ledged to me that such corporation executed the within instrumc
pursuant to its by-laws or a resolution of.its .- board of directc
WITNESS my hand and offical seal.
Notary Public
@* STATE OF Ogu4-- 1
) ss. 1
I\ On j?jwd P , 1978, before me, the ui
signed a Notary Public in and for said State, personally appea!
Executive vice ’: LAtW3EkcrCE Ma ISmW , known to me to be the
, known to me to be Ass’t. 5eaekii.y &Ck b. Ratzkin and
of FEDERATED DEPARTMENT STORES, INC., the corporation that exe
the within instrument, know to me to be the persons who execu
the within instrument on behalf of the corporation therein nam
and acknowledged to me that such corporation executed the with
instrument pursuant to its by-laws or a resolution of its boar
directors.
WITNESS my hand and offical seal.
#vu---++ fj /!-,+( /ruacr, - No tar y Pub 1 iq
R(I5 ff\ t A !? Y A L t X j, N DC 2
MY Conlmluiori ~xy:l,Cs oeL. 1, ,9ira
Rotary PUt~lIC, St,lt(’ of ol,,o
8/3/78 -18-
m d 0 VI .
tu
STA'IE OF cAQL 'w7- 1. 3(.1c" ) ss.
1978, before me, the unI
signed a Hotary Public in an? for said State8 personplly appcar
icasce, I. )*
couian OF PO
012 liYA&&// 9
g 3. CXLDECOTT % known to 'me to be the -- WXPRtSlOENI
$91. D. MEYER 3 known to [ne to be &~'T~ECKCTARY - and
of CARTER IIAIWLEY HALL STORES, INC. 9 the corporation that exccut
within instrument, known to me to be the persons who executed t
within instrument on behalf of the corporation therein named, a
acknowledged to me that such corporation executed the within in
ment pursuant to 'its by-laws or a resolution-of its board of di
WITNESS my hand and off'ical seal.
5 dm. l///R./ZA P/r+.-.-=L -
Kz-
OitICIAI, s;r"l~
SUSAN S. \'\IARREN
LOS ANZELES CCUhTY
Y ~ommlssion Expres Oct 25, 1984
NOTAk'\r PJI311C. G,?,LIFod;vlp i No tal- y Pub l-:$A
~\~OA2~<-'z"TC -Ex?= ,
1
I i
f
I
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4
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tr/3/'iU -19-
<* m 0
Exhibit A Developer-May Adj Zcent Parkin2
A PARCEL OF LAND SITUATE IN THE CITY OF CARLSBAD, COUNT
OF SAN DIEGO, STATE OF CALIFORNIA, BEING A PORTION OF
SECTION 31, TOWNSHIP 11 SOUTH, RANGE 4 WEST, SAN BERI'JARI
rV\ERIDIAN ACCORDING TO OFFICIAL PLAT THEREOF, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF THE NORTH HALF OF
WEST; THENCE NORTH 69'30'06" EAST, 614.19 FEET; THENCE
SOUTt1 15O19'26" EAST, 40.85 FEET; THENCE NORTH 74'30'00'' E,!
138.88 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
NORTHEASTERLY HAVING A RADIUS OF 95.00. FEET, SAID POINT
THE WESTERLY RIGHT OF WAY LINE OF HAYMAR DRIVE; THENCE
SOUTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL AN(
OF 70'30'00" A DISTANCE OF 116.89 FEET TO THE TRUE POINT OF
CENTRAL ANGLE OF 41'39'13''A DISTANCE OF 6c7.06 FEET TO THt
BEGINNING OF A REVERSE CURVE CONCAVE SOUTHEASTERLY H/
A FWDIUS OF 205.00 FEET; THENCE NORTHEASTERLY ALONG SA
CURVE THROUGI-I A CENTWL ANGLE OF 35'09'13" A DISTANCE OF
125.78 FEET; THENCE NORTH 89°12'51" EAST, 167.13 FEET TO TI
BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY HAVING
RADIUS OF 150.00 FEET; THENCE EASTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 31 '03'2.7" A DISTANCE OF 81.31 I
THENCE SOUTH 56'32'59" EAST, 100.34 FEET SAID POINT BEING.
WESTERLY RIGHT OF WAY LINE OF EL CAMIN0 REAL; THENCE
SOUTH 03"45'47'' EAST, 10.00 FEET; THENCE SOUTH 86"14'13" WI
110.00 FEET; THENCE SOUTH 03°45'47'' EAST, 174.00 FEET; THE
NORTH 86'14'13" EAST, 110.00 FEET; THENCE SOUTH 03'45'47'' E
105.00 FEET; THENCE SOUTH 85°14'13" WEST, 180.00 FEET; TEE
NORTH 03'45'47" WEST, 85.00 FEET; THENCE NDRTH 48'12'4f3'' V
72.79 FEET; THENCE SOUTH 51 '49'09" WEST, 90.00 FEET; THEN
NORTH 02°30'00" WEST , 90.00 FEET; THENCE SOUTH 87'30'00" \sv
25.00 FEET; THENCE NORTH 02'30'00'' WEST, 70.00 FEET; THEh
SOUTH 73'59'44" WEST, 187.29 FEET; THENCE NORTH 14°00'00'1 \
80.00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
EASTERLY HAVING A RADIUS OF 50.00 FEET; THENCE NORTHER
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 58'00'00" A
DISTANCE OF 50.62 FEET TO THE TRUE POINT OF - BEGINNING.
NORTHEAST QUARTER OF SECTION 31, TOWNSHIP ii SOUTH, wr
BEGINNING; CONTINUE E~STERLY ALONG SAID CURVE, THROU~
.*
Exhibit A
7/24/78 -1-
0 m ..-
4'
Exhibit B
Developer-Carter AdJacent Parking
The portion of the Phase I Public Parkfng Land included
wfthin the following described land:
i
A PhRCETJ OF LAND SITUATE IN TIIE CITY OF CARSGAD AND OCEANSIDE, COUNTY OF
SOUTH I Ia\MCE 4 WEST, SAN BEf:KA111)INO ?llilLII)IAN ACCOIUIIXC TO OFFICIAL' PLAT ,
SAN I?IEGO, ST,'.'l'E OF CALIFOCPIIA, EEINC: k 1'Ol:TZON 01: SI<CTION 31, TOWNSIIIP I
.TiIEREOF ,' BEING PIORE 1~AX'~ICULARLY DESCKI13EII AS FOLLO\.I'S : -
' BEGINNING AT TIE SOUTITEiSST CORNER OF TlIE NOXTH HALF OF THE hTORTI1EAST QYAR
+ OF 'SECTION 31, TOhXSI-iII' 11 SOUTH, RAPIGE 4 WEST; TIIENCE ALONG TIIE SOUTH LL
OF SAID NORTB !IAL1: N 89"42'19" W, 165.70 FELT TO TlX TRUE POINT 01: BEGINS -
THENCE LEAVING SAID SOUTH LINE OF SAID NORTII IIALF, SOEIl, 106.88 YSKT; TI!
NORTB 63" 52' 33" EAST, 27.13 FEET; THEKCE SOUTI! 00" 00' 00" WEST, 121.23 FEE
TIIENCE NORTH 90"00'00'1 \*E??', 15.
FEET; THENCE NORTFi 9Oc'OO'c),0'' \JEST, TIIEKCE SOUT!I 56" 30'46" WF
21.114 FEET; TIIENCE NORTI1 OOcOO'OO" EAST, lGO.OO FEET; TIIENCE h'OR'i'I1 9o"oo'
WEST, 220.00 FEET; TIIEKCE WlITli OO'.OO'OO", EAST, 110.00 FEET; TIIEKCE ROR?
POINT ON TIIE SOIJTII LINE OF SAID NORTHEAST QUhRTER; THENCE ALOKG THE SOUTI:
' LINE NORTH 89"42' 13" WEST, 662.16 FE?:TI:; TIIENCE NOIiTll 46"36'53" EAST, 180.
FEET TO THE l3EGINXIKG OF h TANGEKT CURVE COXCAVE SOUTIIEASTERLY ISVING A.J
OF 315.00 FEET; TIlENCl:: NORTlIEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL
OF 41" 26' 19" A IIISTAKCE 01: 2.28.00 FEET; TIlENCE NOIITII 88"05' 12" EAST, 137.
FEET.TO THE BEGII<NIE;G 02 A TAKGENT CURVE CONCAVE SOVTllf'RLY IIAVIKG A RADII
65.37 FEET; TLIENCE SOUTlI 00" 00'00" WEST,
. . 341.66 FEET;
. 90"OO'OO" NEST, 30.00 FELT; TIENCE NORTI1 OO"'OO'O0" EAST, 45.38 FEET TO A
' 315.00 FEET; TIIEKCE EASTERLY AL0K:C SAID CURVE, TliROUCH A CENTRAL AKGLE 01
44' 26'59", A DISTANCE OF -244.33 FEET; THENCE. SOL"I"1 r17" 27'49" EAST, 201.3r
TO A POINT ON TlIE SOUTII LI.NE OF SAID NORTIIEAST QUARTER; TIIENCE NORTlI 42" :
LAAS=', !ez.$C FEET; TEEs.:Cc S.!nR-T!i 47"?7'L9" WEST, 201.36 FRET TO TI!E EEGIF:?
f).F T).?!'JZ?:T C'JKIlE 'Jn>!CAl!T; SC'JT!i\tES'rERLy EiAVING A RJiD]:lJS 01: 47 5. 00 FTCET; 'TI
NOIUlI!ESTERLY ATAOXG' SAID CURVE, THXOUGII A CENTRAL AMGLE OF- 22" 28'48", A I
EAST, 5CO.C4 FEET; T€!ENCE SOUTII OO"'24' 11" EAST, 439.22 FEET TO A POINT I1
UEKEINBEFORE I!ENTIONED SOIJTY LINE OF SAID NORTH I!ALF; TIIENCE SOUTI! 89'' 42
1 .OF 186.37 FEET; TIIE?:CE NORTII OO"O0'00" EAST, 84.73 FEET; THENCE NORTH 89'
EAST, 160.00 FEET TO THE TRUE POI"? OF BEGINNlhTG. ! I.
Exhj.b!.t B
8 11 4 / 7 8
m m . r.
4%
Exhibit C
Properties-May Adjaccnt Parking
A PARCEL OF UND SITUATE IN THE CITY OF CARLSBAD, COUNT
OF SAN DIEGO, STATE OF CALIFORNIA, BEING A PORTION OF
SECTION 31, TOWNSHIP 1 '1 SOUTH, WNGE 4 WEST, SAN BERNAR
MERIDIAN ACCORDING TO OFFICIAL PLAT THEREOF, BEING MOR1
PARTICULARLY DESCRIBED AS FOLL.2'AE:
BEGINNING AT THE SOUTHEAST CORNER OF TtlE NORTH HALF OF
NORTHEAST QUARTER OF SECTION 31 , TOWNSHIP 11 SOUTH, R4
WEST; THENCE ALONG THE SOUTH LINE OF SAID NORTH HALF
NORTH 89°42'19" WEST, 404.27 FEET; THENCE SOUTH OOoOO'@O'l E
968.96 FEET, SAID POINT BEING IN THE NORTHERLY RIGHT OF W
LINE OF MARRON RD. (73.50 FEET 'A'IDE); THENCE
SOUT-I 76°30'00" EAST, 347.95 FEET; TKENCE S3UTH 93°CO'OO'1 E
577.48 FEET; THENCE NORTH 70°00'00'' EAST, 364.63 FEET TO T
TRUE POINT OF BEGINNING; THENCE NORT!-f2O000'00" WEST, 85,
FEET; THENCE NOf?Tt-1 7O"OO'OO" EAST, 2G'.OO FKET; THENCE
NORTH 20°00*00'1 WEST, 280.00 FEET; THENCE NORTH 70°00'00" E
180.00 FEET; THENCE NORTH 20'00'00" WEST, '190.00 FEET; THE
NORTH 7O00O1O0" EAST, 45.00 FEET; THENCE NORTH 2Oc0@'O0" W
.106.00 FEET; THENCE NORTH 51 049'09'' EAST, 300.69 FEET; TEE
SOUTH 48'12'46" EAST, 72.79 FEET; THENCE SOUTH 03O45'47" E,
85.00 FEET; THENCE NORTH 86O14'13" EAST, 180.00 FEET TO A I
FEET WIDE); THENCE SOUTH 03O45'47" EAST ALONG SAID RIGHT
WAY LINE, 361.32 FEET TO THE BEGINNING OF A TANGENT CURL
CONCAVE EASTERLY HAVING A RADIUS OF 2,563.00 FEET; TI-iEh
SOUTHERLY ALONG SAID CLIKVE THROUGH A CENTRAL ANGLE 01
03°58'47" A DISTANCE OF 178.03 FEET TO THE BEGINNING OF A F
CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 50.00 F
SAiD POINT BEING IN THE NORTHERLY RIGHT OF WAY LINE OF h/
ROAD (73.50 FEET WIDE); THENCE SOUTHWESTERLY ALONG SA1
CURVE, THROUGtl A CENTRAL ANGLE OF 77O44'34", A DISTAKCE
67.84 FEET; THENCE SOUTH 7O"OO'OO" WEST, 520.45 FEET TO TI
TRUE POINT OF BEGINNING.
IN THE WESTERLY RIGHT OF w.4~ L1rqtz.0~ EL CAMINO REAL (12~
--
1
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Exhibit C
7/24/78 -a-
- m 0 *A
PP
Exhibit D
Marjoram, CPI: and Pcnney Adjacent Parking
A PARCEL OF LAND SITUATE IN THE CITY OF CARLSBAD, COUN-
OF SAN DIEGO, STATE OF CALIFOFWIA, BEING A PORTION Of
MERIDIAN ACCOFXIING TO OFFICIAL PUT THEREOF, BEING MOK
PARTICULARLY DESCRIBED AS FOL-LOWS:
BEGINNING AT -THE SOUTHEAST CORNER OF THE NORTH HALF 0
NORTHEAST QUARTER OF SECTION 31, TOWNSHIP 1 I SOUTH, W
WEST; THENCE ALONG THE SOUTH LINE OF SAID NORTH HALF
NORTH 89'42'19" WEST, 370.70 FEET; THENCE SOUTH 00'17'41 (I
130.00 FEET; THENCE NORTH 83"52'33" EAST, 233.98 FEET TO 7
TRUE POINT OF BEGINNING; THENCE NORTH 83'52'33" EAST, 32
FEET; THENCE NORTH 64°43'20'1 EAST, 126.43 FEET; THENCE
NORTH 54'22'20" EAST, 71.71 FEET; THENCE NORTH 74O16'29'' Et
610.77 FEET; THENCE NORTH 09Q59'17'1 WEST, .- 31 -89 FEET; THE
NORTH 74'30'00" =ST, 73.88 FEET TO THE BEGINNING OF A TAl
CURVE CONCAVE NORTHEASTERLY HAVING A WDIUS OF 95.00 F
SAID POINT BEING THE WESTERLY RIGHT OF WAY LINE OF HAY/
DRIVE; THENCE SOUTHEASTERLY ALONG SAID CURVE, THROUC
CENTRAL ANGLE OF 70°30'00" A DISTANCE OF 175.89 FEET TO 1
BEGINNING OF A CURVE CONCAVE EASTERLY HAVING A WDIlJS
FEET; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CE
ANGLE OF 58°00'00'1 A DISTANCE OF 50.62 FEET; THENCE
SOUTH 14°00'00'1 EAST, 80.00 FEET; THENCE NORTH 73'59'44" E
187.29 FEET; THENCE SOUTH 02°30'00" EAST, 70.00 FEET; THE1
NOR I X 8/"30'00" tAS I , 25.00 FtE r; 'I t-IENC;E SCLITt-1 O;r"30'r307; t
90.00 FEET; THENCE SOUTH 51'49'09" WEST, 210.69 FEET; THI
SOU7-H 70°00'00" Vb'EST, 260 .OO FEET; THENCE NORTH 87"30'@0''
140.00 FEET; THENCE NORTH 80'57'51 'I WEST, 146.99 FEET; TI-
' SOUTH OOoOOIOO" WEST, 50.00 FEET; THENCE NORTH 20'00'00'' \
21.72 FEET TO THE BEGINNIkG OF A TANGENT CURVE CONCAVE
SOUTH'JJESTERLY HAVING A RADIUS OF 10.30 FEET;
NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL Ah
OF 7O000'O0'' A DISTANCE OF 12.22 FEET; THENCE
NORTH 90°00'OO" WEST, 185.24 FEET; THENCE NORTH 60°00'00'1
90.00 FEET; THENCE NORTH 90°00'00'' WEST, 140.00 FEET TO 1
BEGINNINGOFATANGENTCURVECONCAVESOUTHEASTERLYt
A RADIUS OF 10.00 FEET; THENCE SOUTHWESTERLY ALONG S/:
CURVE THROUGH A CENTRAL ANGLE OF 90"OO'OO'' A DISTANCE C
15.71 FEET; THENCE SOUTH OOoOO'OO'l WEST, 13.67 FEET TO Tt
BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY I
A RADIUS OF 25.00 FEET; THENCE SOUTHWESTERLY ALONG Sk
CURVE THROUGH A CENTRAL ANGLE OF 9OoOO'0O" A DISTANCE (
39.27 FEET; THENCE NORTH 90'00'00" WEST, 2.38'FEEJ- TO Ttli
BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY t
A RADIUS OF 10.00 FEET: THENCE SOUTHWESTERLY ALOt'dG Si
CURVE THROUGH A CENTRAL ANGLE OF 90'00'00" A DISTANCE (
15.79 FEET; THENCE NORTH'OOoOO1OO" EAST, 21 1.68 FEET TO T
TRUE POINT OF BEGINNING.
i I ! SECTION 31 9 TOWNSI-IIP 11 SOUTE-1, RANGE 4 WEST, SAN BERfL'AF
1
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I
I
THENCE
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Exhibit D 7/24/79 -a-
L * ' d* v\
*z
Exhibit E
Federated Adjacent Parking
The Phase I-A Public Parking Land and the portion of the
Phase I Public Parking Land included within the following des-
cribed land:
\
..
A PARCIIL OF ?,Ah3 SITUATE TN THE CIlY OX: C?IIT,ST3ADy COUXTY OF SAN n%T:GO,
STATE OF CALT.FORXIA, 1;IiT.RG A PORTION OF SEClTON 31, TO14NSiLIP 11 SGU'I:II,
RANGE lt \JEST, SiiN BI:!lNA!:DZXO FIL.:IIIDIiIN ACCORDING TO OFFICIAL PUT TIIlIlLEOP I
NORE PARTICULARLY DISCKLBEI) AS FOLLOWS :
BEGIHNING AT TIE SOUTIIF~IST CORNER OF THE KORTII WLT OF TIE NORTREAST
QUNLTIIR OP SECT1O:i 31, TC::NS11Ii? 11 SOUTil, I'd4SGE 4 WEST: TIIEXE ALONG TEE somi LINT; OF SAID NORTII MLF, NORTH 890~2 1 i911 WEST, ftoLt. 27 FEET; mEw<
. . SOUT]I 00°~0'00'' EAST, 66C. 86 FEET TO TI!E - T2IJE -_._ I'GIN'II - OY -__ '\l';GTIJXI::!G; T!lEKCZ
SOUTH 79" 26 '03" EAST, 91.00 FEET; TIIEXCE SOUi'li <13* GO ' 00" \,!EST y 51.61 FEE'
THENCE SOUTI! ~O"03'00" EAST, 10.00 FEE'? TO TI113 EEG1NNI:XG OZ: A TARGEX'T CY
COXCAVE SOUTIiIXSTEFLY I<Y,'IXG A LUl1.US 0% 50. CC FEET; TIiEliCE S@UTIiI.~ASTERI~
ALONG SAID CURVE TlXOUGl1 A CE?~ThlL AXGLE OF 90"00'00", A DT.STii!<CE OF 78. YX'j:; 'flIENCE SOUTlI OO"OO'G3'r WEST, 88.50 FIXT; TfiENCL SOUTII 9o"O~'(lO'' Et\
249.95 FEET; TIIZTCE NOR'TII OO"OO'OO" CAST, 1.05.19 FEET; TliEKCE SOilTH 90'0 EAST f 230.90 FEET; TIXSCE SOUTI1 20"OO ' 00" LIST, 60.98 FEET; TEE3CE i<Oi?T:-I
. ,OO'OO" EAST, 100.00 FEET; Ti!T;:<CE 'SOUT!I 20°G0'00''. EAST, 175.00 FEET; "!!EX
SOUTH 70"OO fCi3'1 \.:EST, 15 .OO FEET'; TtIEhiCE SOUTI1 2O"OO' 00" !CAST, 86.20 FEE
.
, . 'A POPNT IN T!IE NOP.TlI ~~~~~,4--~.d~a~ -' -.%LINE OF PlAKRO1; RD. (73.50 FEET WIDE);
TIKKCE NORTH ~0"00100" IXST, 513.25 FEET; TIIEKCI: NORTI'I 7G030'00" KLS'l'* 3
FEET; T!IE;CX liOP,?'li 00"00'00" EAST, 6.17 FEET; TIlESCE n'0I:TII ~6"~O'o~" !.!ES - 971 - -- i 'In FEF?' TO THE I3I:GTKI;TK;G C.F A TAI;GENT CLTR'iT 'COXCi'iVE SOUTIlE:U>Y HAVZIX
AXGLE OF OG"26'45", A DLS'L'2;CE OF 94.73 FEET; TliENCE ~ORTlI 07"03' 15" 5'1:
RtIDI/iiJ,S:; 315.19 FEET; TIIE?:CE S@JTiI 80"GO'OG" i3.S?, l+s.OG FEET; TlII%CE X< f)~"~~'oO" EAST, 21.0.00 FEET; T'rXYCI3 SOVTII 9o"O~'~~" Eb.S?;, 1.93 .OO IT-E?'' ?
RAl)lUs 07' XL2.00 FEI:.T; TlL'F,:<CE \dI.:STIIRI,Y ALOSG S'i1.D CURVI' TI1!:OL;ZiI A CL:!'LIL'
i I c ..----vpllrrrr- .. SOUTH 80°03'01'' EAST, 176.79 FEET;-&*
! TO TllE TRUE I'OZXT OF 1EGTICiI.XG. i ---
..
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<
Exhibit E
8 / 14 / 7 8