HomeMy WebLinkAbout1988-08-23; City Council; 9606; ACCEPTANCE OF GRANT DEEDS FOR STREET AND DRAINAGE PURPOSES PRIVATE DEVELOPMENT 258#
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AB#L~!.&%L TITLE: DEPT. H
CITY AT MTG. 8-73-88
DEPT. ENG. PRIVATE DEVELOPMENT 258 CITY M(
RECOMMENDED ACTION:
ACCEPTANCE OF GRANT DEEDS FOR STREET AND DRAINAGE PURPOSES
Adopt Resolution No. fFgfld accepting Grant Deeds for street and drai easements purposes
ITEM EXPLANATION:
As a condition of approval of Carlsbad Tract 81-16 the owner was require construct improvements and obtain right of way along Rancho Santa Fe between 01 ivenhain Road and Mision Estancia.
The easements for street and drainage facilities purposes hereby offered dedication will provide right of way for said improvements constructed by Rancho Santa Fe Road project.
FISCAL IMPACT:
Requiring dedications as a condition of development will save the City expe in the future right-of-way acquisitions.
EXHI BITS :
1. Location Map.
2. Grant Deed from BCE Development Inc. for street easement purpose, d, December 18, 1987. (On file in City Clerk's Office)
3. Three Grant Deeds from BCE Development Inc. for drainage easel purposes dated December 18, 1987 (two), June 6, 1988 (one) together \ six subordination agreements, (two subordination agreements are neces for each Grant Deed).
Grant Deed from Leisure Technology Corporation of Oceanside for drai easement purposes dated June 17, 1988 together with two subordina agreements. (On file in City Clerk's Office)
Resolution No. ff*366 accepting Grant Deeds for street and drai easements purposes
(On file in City Clerk's Office)
4.
5.
PROJECT NAME
RANCHO SANTA FE ROAD RIGHTOF WAY .
PROd. EX
NO.
~~-258
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RESOLUTION NO. 88-306
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING GRANT DEEDS.
WHEREAS, BCE Development Inc. and Lei sure Technology Corporati
submitted Grant Deeds conveying easements to the City of Carlsbad for str
drainage easements purposes; and
WHEREAS, the City Council of the City of Carlsbad has determined i
in the public interest to accept said Deeds;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ci
California, as follows:
1. That the above recitations are true and correct.
2. That the Grant Deeds from BCE Development Inc. and Leisure Tec
Corporation conveying easements for street and drainage easements purpose!
City of Carlsbad which is on file with the City Clerk and is incorporated
by reference, together with the appurtenant subordination agreements is ac
3. That the City Clerk is authorized to cause the original De
subordination agreements to be recorded in the Office of the County Recc
San Diego County, State of California, with the appropriate Certifici
Acceptance attached.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsb
Council held on the 23rd day of August , 1988
following vote, to wit:
AYES:
NOES: None
ABSENT: None
Council Members Lewis, Kulchin, Larson, Mamaux and P
CLAUDE A. ‘LEWIS, Mayor ATTEST:
ALEwUdKfiij (SEAL)
* CITY OF CARLSBAD m * Inter-Office Correspondence
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DATE: 8- 9 - 88
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Date: Signature:
Escrow No.
Loan No.
WHEN RECORDED MAIL TO:
City of Carlsbad
1200 Elm Avenue
Carlsbad, CA 92008
Attn: City Clerk
SPACE ABOVE THIS LINE FOR RECORDER'S USE
+
_______~ FORM 468 OAWCO PRESS
% R I Qk E N G I N E E R I N G CO M PAN Y !!'iA2';: Lc%YkYAE
365 SO. RANCHO SANTA FE ROAD SUITE 100
SAN MARCOS, CALIFORNIA 92069 619/744-4800
LEGAL DESCRIPTION FOR: BY DATE JOB NO. JLW
cHK'o* c/.& 1-20-88 7958-A PROPOSED DRAINAGE EASEMENT
Easements being in the City of Carlsbad, County of San Diegc State of California, and being a portion of the Certificate c Compliance per Document Number 85-375187, recorded October S
1985, said document being on File in the Office of the Count Recorder in said County, in said State, and more particular1 described as follows:
PARCEL A-1
A strip of land being 20.00 feet wide, lying 10.00 feet on eac
side measured at right angles..and parallel with the followir described centerline.
Commencing at the most Southerly point on the centerline c Rancho Santa Fe Road as described in an easement for Public Roz to the City of Carlsbad per Document Number 85-404384, record€ October 29, 1985, said document being on file in the Office c the County Recorder in said County, in said State; thence alor said centerline North 38O24'16" East 217.56 feet to a poir described herein as point A-4: thence continuing North 38O24'1t East 102.80 feet to the beginning of a 1000.00 foot radius curt concaved Southeasterly: thence Northeasterly along the arc c said curve through a central angle of 9O13'20", a distance c
160.96 feet: thence North 47'37'36" East 64.91 feet to a poir described herein as Point A-3: thence continuing North 47O37'3t East 617.11 feet to a point described herein as point A-2; thenc continuing North 47O37'36" East 882.11 feet to the beginning of
1000.00 foot radius curve concaved Northwesterly; thenc Northeasterly along the arc of said curve through a central angl of 26O44'55", a distance of 466.85 feet; thence radially Nort
69O07'19" West 63.16 feet to the Westerly right-of-way line c said road: said point also being the TRUE POINT OF BEGINNING c Parcel A-1: thence North 44°01'30" West 25.00 feet to the POI1
OF TERMINUS.
The sidelines of said easement shall be lengthened or shorten6 to begin on said right-of-way line and shall terminate at rig]: angles and passes through the POINT OF TERMINUS.
Parcel A-2
A strip of land being 20.00 feet wide, lying 10.00 feet on eac side and parallel with the following described centerline.
Commencing at the above described point A-2; thence Nort
42O22'24" West 67.35 feet to a point on the Westerly right-of-wz line of said road, said point also being the TRUE POINT C
BEGINNING; thence North 14°36'00" West 60.000 feet to the POI1
OF TERMINUS.
' DESCRIPTION REVISIONS COMPANY
BY DATE TITLE CO.
REFERENCE ORDER NO. DATE
Zxhibit A-1
~
c e $FORM 468 DAWCO PRESS
R[& ENGINEERING COMPANY I kiXk%%%'~~
365 SO. RANCHO SANTA FE ROAD SUITE 100
SAN MARCOS, CALIFORNIA 92069 619/744-4800
JOB NO. LEGAL DESCRIPTION FOR: BY DATE JLW
7958-A PROPOSED DRAINAGE EASEMENT cHK'o- dc: 1-20-88
The sidelines of said easement shall be lengthened or shortene
to begin on said right-of-way line and shall terminate at righ
angles and passes through the POINT OF TERMINUS.
Parcel A-3
A strip of land being 20.00 feet wide, lying 10.00 feet on eac
side and parallel with the following described centerline.
Commencing at the above described point A-3: thence Nort
42O22'24" West 66.72 feet to a point on the Westerly right-of way line of said road: said point also being the TRUE POINT 0
BEGINNING: thence North 52°40'20" West 55.00 to the POINT 0
TERMINUS.
The sidelines of said easement shall be lengthened or shortene to begin on said right-of-way line and shall terminate at righ angles and passes through the POINT OF TERMINUS.
Parcel A-4
A strip of land being 20.00 feet wide, lying 10.00 feet on eac side and parallel with the following described centerline.
Commencing at the above described point A-4; thence Nort 51°35'44" West 60.90 feet to a point on the Westerly right-of way line of said road, said point also being the TRUE POINT 0
BEGINNING: thence North 4Z043'18" West 35.000 feet to the POIN
OF TERMINUS.
The sidelines of said easement shall be lengthened or shortene to begin on said right-of-way line and shall terminate at righ angles and passes through the POINT OF TERMINUS4 ' .
I ..
COMPANY Of SCRIPTION REVISIONS
TITLE CO. BY DATE REFERENCE ORDERNO. DATE
Exhibit A-2
PLAT TO ILLUSTRATE PROPOSED
DRAINAGE EASEMENTS
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CERTIFICATION FOR ACCEPTANCE OF DEED
This is to certify that the interest in real property
conveyed by the deed or grant dated June 6, 1988
from BCE Development Inc., formerly known as Daon CorDoration
to the City of Carlsbad, California, a municipal corporation,
is hereby accepted by the City Council of the City of Carlsbad,
California pursuant to resolution No. 88-306 , adopted
on August 23, 1988 , and the grantee consents to the
recordation thereof by its duly authorized officer.
DATED: August 24, 1988 8
By : &* Jg-
ALE7HA L. RAUTENKRANZ, Cgty Clerk
e Order No.
Escraw No.
Loan No. i
WHEN RECORDED MAIL TO:
CITY OF CARLSBAD
1200 Elm Avenue
Carlsbad, CA 92008
Attn: City Clerk
0
SPACE ABOVE THIS LINE FOR RECORDER'S USE
'
'4 d
FORM *A8 04'UCJ PRESS
ING CONSULTANTS RIC~NGINEERING COMPANY I )c lVlL ENGINEERS
3088 PI0 PIC0 DR. SUITE 202 CARLSBAD, CA 92008
Ex TELEPHONE AREA CODE 619 729-4987
JOB no. LEGAL DESCRIPTION FOR: BY DATE JLb7
5-19-86 PROPOSED 31 CHT-OF-WAY EASEMENT CHK'D. 7 3 2 8 --7?
An easement for public right-of-way over and across that portio1
of land as shown on Certificate of Compliance, recorded October 9, 1985, Document No. 85-375187, said Certificate of Compliance
on file in the Office of the County Recorder, in the County of
San Diego, in the State of Carifornia, more particularly de-
scribed as follows:
Commencing at a point on the Northwesterly right-of-way line of
Rancho Santa Fe Road as described in Document No. 85-404381 recorded 10-9-85, said point formed by the intersection of the
following ocurses: North 65O28'00" West 0.33 feet and North 51"35'40" West 60.68 feet; thence along said right-of-way line
North 38'24'16" East 213.71 feet to the TRUE POINT OF BEGINNING; thence leaving said right-of-way line North 27'42'28'' East 70.04
feet; thence North 38'24'16" East 34.72 feet; to the beginning of a tangent 1566.50 foot radius curve concave Southeasterly; thence
Northeasterly along the arc of said curve through a central angle of 9°10'OO" a distance of 250.62 feet; thence North 47'34'16"
East 167.42 feet to the beginning of a tangent 307.00 foot radius curve concave Southeasterly; thence Northeasterly along the arc of said curve through a central angle of 4'31'09" a distance of
24.21 feet: thence North 52'05'25" East 129.49 feet; to the beginning of a tangent 593.00 foot radius curve concave Northwest-
erly; thence Northeasterly along the arc of said curve through a
central angle of 4'31'09" a distance of 46.77 feet to a point on said Northwesterly right-of-way line, a radial line to said point
bears South 42O25'44" East; thence along said right-of-way Line
the following courses: thence South 47'34'16" West 367.42 feet
to the beginning of a tangent 1553.50 foot radius curve concave Southeasterly; thence Southwesterly along the arc of said curve
through a central angle of 9°10'OO'' a distance of 248.54 feet:
thence South 38"24'16" West 103.55 feet to the POINT OF BEGIN-
NING. .. I
COMPANY DE SCRIPTION REVISIONS
BY DATE TITLE CO.
REFERENCE ORDER NO. DATE
EXHIBIT A
..
RICK ENOlNeRRlNO COMB
4
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CERTIFICATION FOR ACCEPTANCE OF DEED
T3is is to certify that the interest in real property
conveyed by the deed or grant dated December 18, 1987
from
to the City of Carlsbad, California, a municipal corporation,
is hereby accepted by the City Council of the City of Carlsbad,
California pursuant to resolution No. 88-306 , adopted
on August 23, 1988 , and the grantee consents to the
recordation thereof by its duly authorized officer.
B.C.E. DEVELOPMENT INC., formerly known as DAON Cap.
DATED: August 24, 1988 *
By : AA&
ALETHA L.
ClA e
*
RECORDING REQUESTED BY AND 1 1 1 1
1200 Elm Avenue 1
WHEN RECORDED MAIL TO:
CITY OF CARLSBAD CITY CLERK
Carlsbad, CA 92008
Space above this line for Recorder ' s US
SUBORDINATION AGREEMENT
NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR
SECURITY INTEREST IN THE PROPERTY BECOMING
SUBJECT TO A.N ESTATE IN THE REAL PROPERTY TO
WHICH YOUR SECURITY INSTRUMENT ATTACHES AND HAS
THE POTENTIAL EFFECT OF REDUCING THE VALUE OF
YOUR SECURITY INTEREST.
THIS AGREEMENT, made this 6th day of June
1988 by BCE Development, a Delaware Corporation owner of the land he
inafter described and hereinafter referred to as llOwner,ll and -
-,OAK TREE SAVINGS BANK, S.S.B., b.rr mesne assicnments of record as L
Instrument - No.88-331499 , recorded July 8, 1988, in official rec
of San Diego County , present owner and holder of the deed
trust and not hereinafter described and hereinafter referred to
"Benef iciaryst :
WITNESSETH
THAT WHEREAS, La Costa Land Companv did execute a deed of trur
dated March 10, 1981, to Title Insurance and Trust Companv as trust1
covering real property described on Exhibit A, attached hereto,
secure a note in the sum of (none shown) dated March 10, 1981, in fa
of the trustees of the Central States, Southeast and Southwest A
L 0 0
1
Pension Fund recorded March 10. 1981, as File No. 81-072862 of Offici
Records of said county; and
WHEREAS, Owner has executed, or is about to execute, as granto
a grant of EASEMENT dated June 6r Ig88 , in favor of the City of Ca
lsbad as grantee herein referred to as “Easement Grantee, ’I creating
EASEMENT more particularly described in EXHIBIT B attached hereto: a
WHEREAS, it is a condition precedent to obtaining said EASEME
that said grant of EASEMENT above mentioned shall unconditionally
and remain at all times a charge upon the land hereinbefore describe
prior and superior to the lien of charge of the deed of trust abo
mentioned; and
WHEREAS, Easement Grantee is willing to accept said EASEME
provided the grant of EASEMENT is a charge upon the above describ
property prior and superior to the lien or charge of the deed of tru:
above mentioned and provided that Beneficiary will specifically ai
unconditionally subordinate the lien or charge of the deed of tru:
above mentioned to the lien or charge of the EASEMENT created in favc
of Easement Grantee: and
WHEREAS, it is to the mutual benefit of the parties hereto thz
Easement Grantee accept said EASEMENT and Beneficiary is willing thi
the grant of EASEMENT shall, when recorded, constitute a charge up(
said land which is unconditionally prior and superior to the lien (
charge of the deed of trust above mentioned.
NOW , THEREFORE , in consideration of the mutual benefit
accruing to the parties hereto and other valuable consideration, tk
receipt and sufficiency of which consideration is hereby acknowledgec
and in order to induce Easement Grantee to accept said EASEMENT abot
4 ., 0
referred to, it is hereby declared, understood and agreed as follo
1. That said EASEMENT in favor of Easement Grantee sh
unconditionally be and remain at all times a charge on the prope
therein described, prior and superior to the lien or charge of the d
of trust above mentioned.
2. That Easement Grantee would not accept said EASEMENT ab
described without this subordination agreement.
3. That this agreement shall be the whole and only agreemi
with regard to the subordination of the lien or charge of the deed
trust above mentioned to the EASEMENT in favor of Easement Gran
above referred to and shall supersede and cancel, but only insofar
would affect the priority between the deed of trust and EASEMENT he
inbefore specifically described, any prior agreement as to such sub
dination including, but not limited, those provisions, if a
contained in the deed of trust above mentioned, which provide for 1
subordination of the lien or charge thereof to another interest in I
real property therein described.
BENEFICIARY declares, agrees and acknowledges that:
1. He consents to and approved the grant of EASEMENT in fa1
of the Easement Grantee.
2. He intentionally and unconditionally waives, relinqyisl
and subordinates the lien or charge of the deed of trust ab(
mentioned to the EASEMENT in favor of Easement Grantee above referr
to and understands that in reliance upon, and in consideration of, tf’
waiver, relinquishment and subordination of the grant of EASEMENT
being executed and delivered, the EASEMENT is being created, and tf’
specific monetary and other obligations are being and will be enter
I a 0
into by the Easement Grantee, other lenders and title insurant,
companies which would not be made or entered into but for said reliant,
upon the waiver, relinquishment and subordination; and
3- An endorsement has been placed upon the note secured b]
the deed of trust above mentioned that said deed of trust has by +-hi!
instrument been subordinated to the charge of the EASEMENT in favor ol
Easement Grantee above referred to,
VER &CE Dt&p-+~\ -th)AstL+&* -p----y \1? CL-A\%LLDG~
BENEFICIARY
OAK T'E SAV$6J S BANK, S.S.B.
july 6, 1988
&, -1 &.
John F. Taylor, Vice President
IT Is RECoMMENDED T~TI PRIOR TO THE EXECUTION OF THIS SUBORDINATIO~
AGmEMEm, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH SPEC^ THERETO
I
lss Orange I
STATE OF CALIFORNIA COUNTY OF m - Tiinn 6 19QQ c = On --**- - -_ __ , before me, the undersigned, a Notary Public in and for
5 said State, personally appeared David R. Forre st and . Personally known to me (or proved to me on the
0 E" Q, P
Daniel T. Gray
basis of satisfactory evidence) to be the persons who executed the within instrument as Vice Pres . ,
LE ' ma -0 ConStrUCtio%resident and ASSiStanfLSecretary, on behalfof - 5:
STATE Of &Ff~!-If=~m~9 )
COUNTY OF mQrlm 1.
, 19 88, before me, the undersigned, a Not
D#d P. IPvLoR on this b* day of ruw L 4- public in and for said state, bersonally appeared
known to me (( ~~LA~A-Y
r President I ad -of the corpol 2 to me to be the persons who executed the WJ
instrument on behalf of the corporation therein named, and acknowledged to me that su(
corporation executed the within instrument pursuant to its by-laws or a resolution of
Board of Directors.
Witness my hand and Official seal-
mo
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the corporation therein named, and acknowledged
suchcorporationexecuted thewithin instrument pursuanttoit
) ss.
to be the Jf C&
My Commission expires: TUSE 18: /9fiq
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ORDER NO. 961883-,
LEGAL DESCRIPTION
I
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNII
COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
PARCEL 1:
THAT PORTION OF LOTS 3, 4, 9 AND 10 OF WCHO LAS ENCINITAS, IN T€
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREC
NO. 848, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEG
COUNTY, JUNE 27, 1898, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 3; THENCE ALONG TH
WESTERLY LINE OF SAID LOT 3, SOUTH 02"31'38" EAST, 340.00 FEET TO TB
TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID WESTER1
BOUNDARY, SOUTH 02'31'38" EAST, 468.13 FEET TO THE NORTHWEST CORNE
OF SAID LOT 10; THENCE ALONG THE WESTERLY LINE OF SAID LOT 10, SOUT
03"29'27" EAST, 760.00 FEET; THENCE LEAVING SAID WESTERLY LINE, NORT
87"301001' EAST, 2,550.00 FEET, MORE OR LESS, TO THE CENTER LINE 0
COUNTY ROAD SURVEY NO. 454 (KNOWN AS RANCHO SANTA FE ROAD) A
DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO, RECORDED JANUARY 21
1930 IN BOOK 1737, PAGE 4 OF DEEDS: THENCE NORTHEASTERLY ALONG SA1
CENTER LINE TO AN INTERSECTION WITH A LINE WHICH BEARS NORT
07°30100~1 EAST FROM THE TRUE POINT OF BEGINNING; THENCE SOUT
87"30'00" WEST, 3,350.00 FEET, MORE OR LESS, TO THE TRUE POINT 0
BEGINNING.
EXCEPTING THEREFROM, LOTS 1 THROUGH 86, INCLUSIVE, OF SANTA FE RIDG
UNIT NO. 2, CARLSBAD TRACT NO. 83-16, IN THE CITY OF CARLSBAD, COUNT
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO,
10857, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEW
COUNTY, FEBRUARY 28, 1984.
PARCEL 2:
ALL THOSE PORTIONS OF LOTS 9 AND 10 OF RANCHO LAS ENCINITAS, IN THE
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOE
NO. 848, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGC
COUNTY, JUNE 27, 1898, DESCRIBED AS FOLLQWS:
COMMENCING AT THE NORTHWEST CORNER OF LOT 3 OF SAID RANCHO LAS
ENCINITAS; THENCE ALONG THE WESTERLY LINE OF SAID LOT, SOUTI.
02"31'38" EAST, 808.13 FEET TO THE NORTHWEST CORNER OF SAID LOT 10;
THENCE ALONG THE WESTERLY LINE OF SAID LOT 10, SOUTH 03"29'27" EAST,
760.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG
SAID WESTERLY LINE, SOUTH 03"29'27" EAST, 1,869.70 FEET TO THE
LL)rd-fAA* A '
7 n"tA/C
7 e 0 'e5 \-
4f:.:. + % 4.-+ -. .. ~ 1 L, 1 . I , T< - .---
4. .<#+- -
ORDER NO. 961883-1
SOUTHWEST CORNER OF SAID LOT 10, SAID CORNER BEING IN THE CENTER LIN
OF OLIVENHAIN ROAD, ACCORDING TO SAN DIEGO COUNTY ROAD SURVEY NO
1631, FILED IN THE OFFICE OF THE COUNTY ENGINEER OF SAID COUNTY
THENCE ALONG THE SOWf"I'ERLY LINE OF LOT 10 AND SAID Cl9Yl"R LINE, NORZ:
87"O3'3Ott EAST, 509.61 FEET TO THE BEGINNING OF A 300.00 FOOT RADII.
CURVE, CONCAVE NORTHWESTERLY, A RADIAL LINE OF SAID CURVE BEARS SOUT
02"56'301' EAST TO SAID POINT, SAID POINT BEING THE SOUTHWESTERL
TERMINUS OF SAN DIEGO COUNTY ROAD SURVEY NO. 454 (KNOWN AS RANCH
SANTA FE ROAD) AS DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO
RECORDED JANUARY 21, 1930 IN BOOK 1731, PAGE 4 OF DEEDS; THENC LEAVING SAID SOUTHERLY LINE OF LOT 10, NORTHEASTERLY ALONG SA1
CENTER LINE, ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 49"04t49t1,
DISTANCE OF 256.98 FEET: THENCE TANGENT TO SAID CURVE, CONTINUIN
ALONG SAID CENTER LINE, NORTH 37"58'41" EAST, 697.88 FEET TO A
INTERSECTION WITH THE CENTER LINE OF RANCHO SANTA FE ROAD, ACCORDIN
TO SAN DIEGO COUNTY ROAD SURVEY NO. 454-7 AS DESCRIBED IN PARCEL 2 I
DEED TO THE COUNTY OF SAN DIEGO, RECORDED MAY 4, 1954 IN BOOK 5226
PAGE 582 OF OFFICIAL RECORDS, SAID INTERSECTION BEING AT THE POINT 0
CUSP WITH A TANGENT 350.00 FOOT RADIUS CURVE, CONCAVE EASTERLY
THENCE SOUTHERLY AND SOUTHEASTERLY ALONG THE CENTER LINE OF SAID ROAl
SURVEY NO. 454-A, ALONG SAID CURVE THROUGH A CENTRAL ANGLE 0
58°101271t, A DISTANCE OF 355.37 FEET; THENCE TANGENT TO SAID CURVE
CONTINUING ALONG SAID CENTER LINE, SOUTH 2O"1lt46" EAST, 311.85 FEE'
TO THE AFOREMENTIONED SOUTHERLY LINE OF LOT 10: THENCE LEAVING TH
CENTER LINE OF SAID ROAD SURVEY NO. 454-A, ALONG SAID SOUTHERLY LINE
NORTH 87"03'30" EAST, 1,412.68 FEET TO THE SOUTHWEST CORNER OF SAIi
LOT 9: THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 9, NORTH 87"03'301
EAST 2,328.75 FEET: THENCE LEAVING SAID SOUTHERLY LINE, NORTI
03"OO'OO" WEST, 1,375.00 FEET; THENCE NORTH 35°0010011 WEST, 490.0(
FEET: THENCE NORTH 67"27'00'1 WEST, 1,800.00 FEET, MORE OR LESS, TO AI
INTERSECTION WITH THE CENTER LINE OF THE AFOREMENTIONED RANCHO SANTll
FE ROAD; THENCE SOUTHWESTERLY ALONG SAID CENTER LINE TO AI
INTERSECTION WITH A LINE THAT BEARS NORTH 87"30'00" EAST FROM THE
TRUE POINT OF BEGINNING: THENCE LEAVING SAID CENTER LINE OF RANCHC
SANTA FE ROAD, SOUTH 87"30'00" WEST, 2,550.00 FEET, MORE OR LESS, TC
THE TRUE POINT OF BEGINNING.
SAID LAND INCLUDES A PORTION OF PARCEL 2 OF PARCEL MAP NO. 13970,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY.
EXCEPTING THEREFROM, THAT PORTION OF LOTS 9 AND 10 OF WCHO LAS
ENCINITAS PER MAP NO. 848, ON FILE IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, STATE OF CALIFORNIA, DESCRIBED AS
FOLLOWS :
.,
Gkbw P-L-
0 1 4b * -nrc Q 4 s 2- *- e .; ,. .<: . - -- La -7
I --' z. *a!,- - --
ORDER NO. 961883-
COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 10; THENCE ALONG TI
SOUTH LINE THEREOF, SOUTH 87"30'28" WEST, 151.53 FEET TO THE TR1
POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTH LINE, SOU'
87"30'28" WEST, 2,264.22 FEET TO A POINT ON THE CENTER LINE OF RO
SURVEY NO. 454-A, ON FILE IN THE OFFICE OF THE COUNTY ENGINEE
THENCE LEAVING SAID SOUTH LINE AND ALONG SAID ROAD SURVEY NO. 454-1
THE FOLLOWING COURSES:
NORTH 19'42'52" WEST, 314.11 FEET TO THE BEGINNING OF A TANGEl
350.00 FOOT RADIUS CURVE, CONCAVE EASTERLY: THENCE NORTHERLY Awl
THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 58°07108'1,
DISTANCE OF 355.03 FEET TO A POINT ON THE CENTER LINE OF ROAD SURV,
NO. 454, ON FILE IN THE OFFICE OF THE COUNTY ENGINEER OF SAID SI
DIEGO COUNTY; THENCE LEAVING SAID ROAD SURVEY NO. 454-A AND ALONG TI
CENTER LINE OF SAID ROAD SURVEY NO. 454, THE FOLLOWING COURSES:
TANGENT TO SAID 350.00 FOOT RADIUS CURVE, NORTH 38"24t16" EAS':
383.53 FEET TO THE BEGINNING OF A TANGENT 1,000.00 FOOT RADIUS CURVl
CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SA;
CURVE, THROUGH A CENTRAL ANGLE OF 09"13'20", A DISTANCE OF 160.5
FEET; THENCE TANGENT TO SAID CURVE, NORTH 47°37136f1 EAST, 988.7
FEET: THENCE LEAVING THE CENTER LINE OF SAID ROAD SURVEY NO. 454
SOUTH 42"22'24" EAST, 273.19 FEET TO THE BEGINNING OF A TANGEE
500.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY: THENCE EASTERLY ALOb
THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 34"51'20",
DISTANCE OF 304.17 FEET; THENCE TANGENT TO SAID CURVE, SOW
77°1314411 EAST, 119.81 FEET: THENCE NORTH 90°00~OOtt EAST, 62.49 FEE
TO THE BEGINNING OF A TANGENT 430.00 FOOT RADIUS CURVE, CONCAV
SOUTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE, THROUGH
CENTRAL ANGLE OF 27"32'32'*, A DISTANCE OF 206.70 FEET: THENCE TANGEN
TO SAID CURVE, SOUTH 62'2712811 EAST, 143.27 FEET: THENCE SOUT
27"32'32" WEST, 283.06 FEET: THENCE SOUTH 58"57116t1 WEST, 215.3
FEET; THENCE SOUTH 40"44q20t1 WEST, 180.81 FEET; THENCE SOUT
32"17I46l1 WEST, 125.40 FEET: THENCE SOUTH 19"1114411 WEST, 142.9
FEET: THENCE SOUTH 37'28'34" WEST, 37.80 FEET; THENCE SOUTH 63'26l06
WEST, 109.57 FEET; THENCE NORTH 81"2810911 WEST, 60.67 FEET: THENC
SOUTH 02'29'32" EAST, 357.10 FEET TO THE TRUE POINT OF BEGINNING.
ALSO EXCEPTING THEREFROM, THAT PORTION OF LOT 10 OF RANCHO LA
ENCINITAS AS PER MAP NO. 848, FILED IN THE OFFICE OF THE COUNT'
RECORDER OF SAN DIEGO COUNTY, DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT IN THAT CERTAIN COURSE IN THE CENTER LINE 0
RANCHO SANTA FE ROAD SHOWN AS "NORTH 38"24'16" EAST, 1083.64 FEET" 01
MAP NO. 8059, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEG(
COUNTY, DISTANT THEREON ON A DIFFERENT BASIS OF BEARINGS, SOUT-
3 8 " 24 I2 0" WEST, 593.87 FEET FROM THE NORTHEASTERLY TERMINUS THEREOF,
THENCE AT RIGHT ANGLES TO SAID CERTAIN COURSE, NORTH 51'35'40" WEST,
61.00 FEET TO A POINT ON A LINE WHICH IS PARALLEL WITH AND 61.00 FEE:
NORTHWESTERLY OF SAID CERTAIN COURSE, SAID POINT BEING THE TRUE POIN':
. .. .,,
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ORDER NO. 961883-
OF BEGINNING; THENCE ALONG SAID PARALLEL LINE, SOUTH 38"241201t WESl
19.82 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT rrA1l; THEN(
CONTINUING ALONG SAID PARALLEL LINE, SOUTH 38"24'20" WEST, 74.18 FEI
TO A TANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS C
1,149.00 FEET: THENCE LEAVING SAID PARALLEL LINE, SOUTHWESTERLY ALOt
SAID CURVE, THROUGH A CENTRAL ANGLE OF 2'27'03", A DISTANCE OF 49.1
FEET; THENCE NON-TANGENT TO SAID CURVE, NORTH 58'35'00" WEST, 164.1
FEET; THENCE NORTH 48"50'00'1 WEST, 45.00 FEET; THENCE NORTH 41"1010(
EAST, 25.00 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT rtB"
THENCE CONTINUING NORTH 41"lO'OO" EAST, 30.19 FEET TO A POINT ON
NON-TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 300. C
FEET, A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS SOUTH 34"22'0i
WEST: THENCE SOUTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGI
OF 6"13'2311, A DISTANCE OF 32.58 FEET; THENCE NON-TANGENT TO SA1
CURVE, NORTH 24"5O1OOtt EAST, 39.15 FEET; THENCE SOUTH 70"4580011 EASl
194.24 FEET TO THE TRUE POINT OF BEGINNING.
ALSO EXCEPTING THEREFROM SANTA FE RIDGE UNIT NO. 1, CARLSBAD TRAC
NO. 83-16, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE C
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 10856, FILED IN THE OFFIC
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 28, 1984; AND,
ALSO EXCEPTING THEREFROM SANTA FE RIDGE UNIT NO. 2, CARLSBAD TRAC
NO. 83-16, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE C
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 10857, FILED IN THE OFFIC
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 28, 1984.
ALSO EXCEPTING, THOSE PORTIONS LYING WITHIN PARCELS 1 AND 2 OF DEE
TO POLYGON CORP., RECORDED OCTOBER 25, 1984 AS FILE NO. 84-403301 C
OFFICIAL RECORDS, SET OUT AS FOLLOWS:
BEING A PORTION OF PARCEL "B" OF CERTIFICATE OF COMPLIANCE RECORDE
AS FILE NO. 84-358890 OF OFFICIAL RECORDS, DATED SEPTEMBER 21, 1984
IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA
ACCORDING TO OFFICIAL PLAT THEREOF.
BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL lrB1l: THENCE ALON
THE WESTERLY AND NORTHERLY BOUNDARY OF SAID PARCEL "B", NORT
02°2913211 WEST, A DISTANCE OF 357.10 FEET: THENCE SOUTH 81"28109
EAST, A DISTANCE OF 60.67 FEET; THENCE NORTH 63"261061t EAST,
DISTANCE OF 109.57 FEET; THENCE NORTH 37"2813411 EAST, A DISTANCE 01
37.80 FEET: THENCE NORTH 19"11t44" EAST, A DISTANCE OF 142.95 FEET
THENCE NORTH 32"17t46t1 EAST, A DISTANCE OF 125.40 FEET; THENCE NORTl
40"441201* EAST, A DISTANCE OF 180.81 FEET: THENCE NORTH 58'57'16'
EAST, A DISTANCE OF 215.32 FEET; THENCE NORTH 27"32'32" EAST, A
DISTANCE OF 283.06 FEET; THENCE NORTH 62"27128" WEST, A DISTANCE Oj
36.88 FEET; THENCE NORTH 27°05'1711 EAST, A DISTANCE OF 15.01 FEET
THENCE SOUTH 62'54'43" EAST, A DISTANCE OF 39.00 FEET TO THI
BEGINNING OF A TANGENT 520.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY;
THENCE EASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE
. 8.
-l nI.'E.Rfc .'Ay: 4#-- 7 + a a > ?-=
<.< -, ' * .^ ... 3- - --+, $ *. '.,- t- - -
ORDER NO. 961883-
OF 64'49'46'', A DISTANCE OF 588.37 FEET; THENCE LEAVING SAID CURT
ALONG THE PROLONGATION OF A RADIAL LINE TO SAID CURVE, SOU':
37"441291f EAST, A DISTANCE OF 60.00 FEET TO AI'POINT IN THE ARC OF
20.00 FOOT RADIUS CURVE, CONCAVE EASTERLY, 3. RADIAL LINE TO SA:
POINT BEARS NORTH 37°4412911 WEST: THENCE SOUTHWESTERLY AND SOUTHER1
ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 84'38'40",
DISTANCE OF 29.55 FEET: THENCE SOUTH 32"23v0911 EAST, A DISTANCE (
24.00 FEET TO THE BEGINNING OF A TANGENT 85.00 FOOT RADIUS CURVI
CONCAVE SOUTHWESTERLY: THENCE SOUTHEASTERLY ALONG THE ARC OF SA1
CURVE, THROUGH A CENTRAL ANGLE OF 16"15'36", A DISTANCE OF 24.12 FEE
TO A POINT OF REVERSE CURVATURE WITH A 65.00 FOOT RADIUS CURVE
CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SA1
CURVE, THROUGH A CENTRAL ANGLE OF 16"15'36", A DISTANCE OF 18.4
FEET: THENCE SOUTH 32°2310911 EAST, 15.74 FEET TO THE BEGINNING OF
TANGENT 170.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY: THENC
SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE C
03"5311411, A DISTANCE OF 11.53 FEET; THENCE SOUTH 36"16'23" EAST,
DISTANCE OF 109.70 FEET TO THE BEGINNING OF A TANGENT 20.00 FOC)
RADIUS CURVE, CONCAVE NORTHERLY: THENCE EASTERLY ALONG THE ARC 0
SAID CURVE, THROUGH A CENTRAL ANGLE OF 88"15'18", A DISTANCE OF 30.8
FEET: THENCE NORTH 55'28'19" EAST, A DISTANCE OF 19.74 FEET; THENC
SOUTH 34"31141f1 EAST, A DISTANCE OF 60.00 FEET; THENCE SOU?
38'58'08" EAST, A DISTANCE OF 101.00 FEET: THENCE SOUTH 15"39'52
EAST, A DISTANCE OF 57.61 FEET: THENCE SOUTH 35°26t4511 EAST,
DISTANCE OF 100.00 FEET: THENCE SOUTH 54°3311510 WEST, A DISTANCE 0
120.37 FEET; THENCE NORTH 35"2614511 WEST, 102.00 FEET; THENCE NORT
15"21'00" WEST, 58.74 FEET: THENCE SOUTH 53"2110311 WEST, 152.51 FEET
THENCE SOUTH 39"38'22" EAST, 220.66 FEET; THENCE SOUTH 50"21'38
WEST, 99.44 FEET: THENCE SOUTH 39°3812211 EAST, 100.00 FEET: THENC
SOUTH 35"0515411 EAST, 184.00 FEET; THENCE SOUTH 02"21t2911 EAST
181.40 FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF SAID PARCEL "B"
THENCE ALONG SAID BOUNDARY SOUTH 87'38'31" WEST, 1,429.71 FEET AN
SOUTH 87"30'28" WEST, 151.54 FEET TO THE TRUE POINT OF BEGINNING.
BEING A PORTION OF PARCEL rlB" OF CERTIFICATE OF COMPLIANCE RECORDE
AS FILE NO. 84-358890 OF OFFICIAL RECORDS, DATED SEPTEMBER 21, 1984
IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA
ACCORDING TO OFFICIAL PLAT THEREOF.
BEGINNING AT THE SOUTHWESTERLY TERMINUS OF THAT CERTAIN COURSE ON TH
SOUTHERLY BOUNDARY OF SAID PARCEL "B", DESIGNATED AS NORTH 63"37'07
EAST, 1,007.25 FEET: THENCE ALONG THE SOUTHERLY BOUNDARY OF SA11
PARCEL rlB1l, SOUTH 87' 38 13111 WEST, 114.29 FEET: THENCE LEAVING SA11
BOUNDARY NORTH 02°2112911 WEST, 181.40 FEET: THENCE NORTH 35°051541
WEST, 184.00 FEET: THENCE NORTH 39"38f2211 WEST, 100.00 FEET: THENCI
NORTH 50°21t3811 EAST, 99.44 FEET: THENCE NORTH 39°3812211 WEST, 220.61
FEET; THENCE NORTH 53°21103t1 EAST, 152.51 FEET: THENCE SOUTl
15°2110011 EAST, 58.74 FEET: THENCE SOUTH 35"26t4511 EAST, 102.00 FEET
THENCE NORTH 54"33t151f EAST, 120.37 FEET: THENCE NORTH 35"26'45'
WEST, 100.00 FEET: THENCE NORTH 15'3915211 WEST, 57.61 FEET: THENCE
- -
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" _-A I. -. / . -_
ORDER NO. 961883-
NORTH 38'58'08'' WEST, 101.00 FEET; THENCE NORTH 34"31'41" WEST, 60.
FEET; THENCE SOUTH 55"2811911 WEST, A DISTANCE OF 19.74 FEET TO 'I
BEGINNING OF A TANGENT 20.00 FOOT RADIUS CURVE, CONCAVE NORTHERL
THENCE WESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANG
OF 88"15'18", A DISTANCE OF 30.81 FEET; THENCE NORTH 36"16'231v WES
A DISTANCE OF 109.70 FEET TO THE BEGINNING OF A TANGENT 170.00 FO
RADIUS CURVE, CONCAVE NORTHEASTERLY: THENCE NORTHWESTERLY ALONG T
ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 03"53'14", A DISTAN
OF 11.53 FEET; THENCE NORTH 32"23t0911 WEST, A DISTANCE OF 15.74 FE
TO THE BEGINNING OF A TANGENT 65.00 FOOT RADIUS CURVE, CONCA
NORTHEASTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURV
THROUGH A CENTRAL ANGLE OF 16"15'36", A DISTANCE OF 18.45 FEET TO
POINT OF REVERSE CURVATURE WITH AN 85.00 FOOT RADIUS CURVE, CONCA'
SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURV'
THROUGH A CENTRAL ANGLE OF 16O15'36", A DISTANCE OF 24.12 FEE'
THENCE NORTH 32'23'09" WEST, A DISTANCE OF 24.00 FEET TO T,
BEGINNING OF A TANGENT 20.00 FOOT RADIUS CURVE, CONCAVE EASTERL
THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANG
OF 84'38'40t1, A DISTANCE OF 29.55 FEET: THENCE LEAVING SAID CUR
ALONG THE PROLONGATION OF A RADIAL LINE TO SAID CURVE, NOR
37"44'29" WEST, A DISTANCE OF 60.00 FEET TO A POINT IN THE NORTHER:
BOUNDARY OF SAID PARCEL "B", SAID POINT BEING TN THE ARC OF
PERPENDICULAR 520.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY,
RADIAL LINE TO SAID POINT BEARS SOUTH 37"44'29" EAST: THEN1
NORTHEASTERLY ALONG THE ARC OF SAID CURVE AND SAID NORTHER
BOUNDARY, THROUGH A CENTRAL ANGLE OF 02°33'03tt, A DISTANCE OF 23.
FEET: THENCE NORTH 49°4212811 EAST, A DISTANCE OF 370.82 FEET TO TI
BEGINNING OF A TANGENT 730.00 FOOT RADIUS CURVE, CONCAT
SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVl
THROUGH A CENTRAL ANGLE OF 17"21'11'', A DISTANCE OF 221.09 FEE'
THENCE NORTH 67"03'39'' EAST, A DISTANCE OF 144.79 FEET TO TI
BEGINNING OF A TANGENT 370.00 FOOT RADIUS CURVE, CONCAT
NORTHWESTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVL
THROUGH A CENTRAL ANGLE OF 16'56'41'', A DISTANCE OF 109.42 FEE7
THENCE NORTH 50"06'58" EAST, A DISTANCE OF 9.69 FEET TO THE BEGINNIP
OF A TANGENT 400.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY: THENC
NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE C
17"51102'1, A DISTANCE OF 124.62 FEET: THENCE NORTH 67°5810011 EAST,
DISTANCE OF 121.06 FEET TO THE BEGINNING OF A TANGENT 20.00 FOC
RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG Th
ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 90"OO'OO't, A DISTANC
OF 31.42 FEET TO A POINT OF CUSP: THENCE LEAVING SAID CURVE ALONG
TANGENT LINE, SOUTH 22°0210011 EAST, A DISTANCE OF 202.60 FEET; THENC
NORTH 67"58t0011 EAST, 60.00 FEET: THENCE SOUTH 22°02t00tt EAST,
DISTANCE OF 450.00 FEET TO THE BEGINNING OF A TANGENT 1,030.00 FOO
RADIUS CURVE, CONCAVE WESTERLY; THENCE SOUTHERLY ALONG THE ARC C
SAID CURVE, THROUGH A CENTRAL ANGLE OF 12'44'30", A DISTANCE 0
229.06 FEET; THENCE SOUTH 09"171301g EAST, A DISTANCE OF 150.00 FEE
TO THE BEGINNING OF A TANGENT 930.00 FOOT RADIUS CURVE, CONCAV
WESTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, THROUGH
I
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4 0 - 0' b eC) * Ai"GR'C +- ; * /' 4
A*.-
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ORDER NO. 961883-
CENTRAL ANGLE OF 24°04'51", A DISTANCE OF 390.87 FEET: THENCE LEAVIl
SAID CURVE ALONG A NON-TANGENT LINE, SOUTH 63"37'05" WEST, 1,007..
FEET TO THE POINT OF BEGINNING. I
ALSO EXCEPTING THOSE PORTIONS LYING WITHIN PARCEL MAP NO. 13970, 1
THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE (
THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 25, 1985 AS FII
NO. 85-355261 OF OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM THAT PORTION LYING SOUTHEASTERLY OF TI
SOUTHEASTERLY LINE OF PARCEL B OF CERTIFICATE OF COMPLIANCE RECORD]
SEPTEMBER 21, 1984 AS FILE! NO. 84-358890 OF OFFICIAL RECORDS, IN TI
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY.
J.K.
4/25/88
\
, 1,
Fdt-l-d5It- A-7
' FORM 468 OAWCO PRESS
*
*
FORM 468 DAWCO PRESS
NNING CONSULTANTS R8& ENGINEERING COMPANY @ 0 CIVIL ENGINEERS
365 SO. RANCHO SANTA FE ROAD SUITE 100
SAN MARCOS, CALIFORNIA 92069 619/744-4800
JOE NO. LEOAL DESCRIPTION FOR: BY DATE JLW
7958-A PROPOSED DRAINAGE EASEMENT cHK'D* dc: 1-20-88
The sidelines of said easement shall be lengthened or shortene to begin on said right-of-way line and shall terminate at righ angles and passes through the'POINT OF TERMINUS,
Parcel A-3
A strip of land being 20.00 feet wide, lying 10.00 feet on eac
side and parallel with the following described centerline.
Commencing at the above described point A-3; thence Nort 42O22'24" West 66.72 feet to a point on the Westerly right-of way line of said road: said point also being the TRUE POINT C
BEGINNING; thence North 52O40'20" West 55.00 to the POINT C
TERMINUS.
The 'sidelines of said easement shall be lengthened or shortene
to begin on said right-of-way line and shall terminate at righ
angles and passes through the POINT OF TERMINUS.
Parcel A-4
A strip of land being 20.00 feet wide, lying 10.00 feet on eac
side and parallel with the following described centerline.
Commencing at the above described point A-4; thence Nort 51O35'44" West 60.90 feet to a point on the Westerly right-of
way line of said road, said point also being the TRUE POINT C
BEGINNING; thence North 42O43'18" West 35.000 feet to the POIK
/
OF TERMINUS.
The sidelines of said easement shall be lengthened or shortene to begin on said right-of-way line and shall terminate at rigf. angles and passes through the POINT OF TERMINUS.
COMPANY DESCRIPTION REVISIONS
BY ' DATE TITLE co.
REFERENCE ORDERNO. DATE
EXHIBIT B-2
.
f \
\
VlClN I TY MAP
\
PLAT TO ILLUSTRATE PROPOSED RICK RNQINRRRINQ coI
DRAINAGE EASEMENTS CIVIL IENQINCaRI-bURVPYOR8 * F
m rrurr RIIN omo0,t.r O~=~~QICI ~oNLIo~~~-cAB'I~T~)~.
PROJECT IUJVEER 78a-A
w ---Am -0AN-m
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SCALE /" =/m' I nATF /-A
$ e 0
I
RECORDING REQUESTED BY AND 1
CITY OF CARLSBAD CITY CLERK 1
1200 Elm Avenue 1
1 WHEN RECORDED MAIL TO:
Carlsbad, CA 92008 Space above this line for Recorder's US
SUBORDINATION AGREEMENT
NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR
SECURITY INTEREST IN TEE PROPERTY BECOMING
SUBJECT TO AN ESTATE IN TEE REAL PROPERTY TO
WHICH YOUR SECURITY INSTRUMENT ATTACHES AND
HAS THE POTENTIAL EFFECT OF REDUCING THE VALUE
OF YOUR SECURITY INTEREST.
THIS AGREEMENT, made this 6th day of June
1988 by BCE Development. a Delaware Corporation owner of the land he
inafter described and hereinafter referred to as llOwner,ll and All
Roen and Irwin A. Molaskv, trustees UTA as assiqned beneficiary ]
Doc. #81-220822 recorded February 28, 1983, present owner and holc
of the deed of trust and not hereinafter described and hereinafl
referred to as llBeneficiaryll :
WITNESSETH
THAT WHEREAS, La Costa Land Comganv did execute a deed of tru:
dated March 10, 1981, to Title Insurance and Trust Company as trust€
covering real progertv described on Exhibit A, attached hereto,
secure a note in the sum of forty million three hundred seventy eic
thousand six hundred eishtv nine dollars and seventy one cer
($40,378,689.71) dated March 10, 1981, in favor of Rancho La Costa Ir
* 0 0
1
a Nevada Corporation recorded March 10, 1981, as File No. 81-072863
Official Records of said county; and
WHEREAS, Owner has executed, or is about to execute, as grantc
a grant of EASEMENT dated June 6, 1988 , in favor of the City of Ce
lsbad as grantee herein referred to as "Easement Grantee," creating
EASEMENT more particularly described in EXHIBIT B attached hereto; 2
WHEREAS, it is a condition precedent to obtaining said EASEME
that said grant of EASEMENT above mentioned shall unconditionally
and remain at all times a charge upon the land hereinbefore describe
prior and superior to the lien of charge of the deed of trust abc
mentioned; and
WHEREAS, Easement Grantee is willing to accept said EASEME
provided the grant of EASEMENT is a charge upon the above descrik
property prior and superior to the lien or charge of the deed of trL
above mentioned and provided that Beneficiary will specifically 2
unconditionally subordinate the lien or charge of the deed of trL
above mentioned to the lien or charge of the EASEMENT created in fa\
of Easement Grantee; and
WHEREAS, it is to the mutual benefit of the parties hereto tk
Easement Grantee accept said EASEMENT and Beneficiary is willing tk
the grant of EASEMENT shall, when recorded, constitute a charge UE
said land which is unconditionally prior and superior to the lien
charge of the deed of trust above mentioned.
NOW, THEREFORE, in consideration of the mutual benefj
accruing to the parties hereto and other valuable consideration, t
receipt and sufficiency of which consideration is hereby acknowledgc
and in order to induce Easement Grantee to accept said EASEMENT abc
t 0 0
I
referred to, it is hereby declared, understood and agreed as follo7
1. That said EASEMENT in favor of Easement Grantee shl
unconditionally be and remain at all times a charge on the prope
therein described, prior and superior to the lien or charge of the dl
of trust above mentioned.
2. That Easement Grantee would not accept said EASEMENT ab1
described without this subordination agreement.
3. That this agreement shall be the whole and only agreem
with regard to the subordination of the lien or charge of the deed
trust above mentioned to the EASEMENT in favor of Easement Gran
above referred to and shall supersede and cancel, but only insofar
would affect the priority between the deed of trust and EASEMENT he
inbefore specifically described, any prior agreement as to such sub
dination including, but not limited, those provisions, if a
contained in the deed of trust above mentioned, which provide for
subordination of the lien or charge thereof to another interest in
real property therein described.
BENEFICIARY declares, agrees and acknowledges that:
1. He consents to and approved the grant of EASEMENT in fa
of the Easement Grantee.
2. He intentionally and unconditionally waives, relincpis
and subordinates the lien or charge of the deed of trust ab
mentioned to the EASEMENT in favor of Easement Grantee above refer
to and understands that in reliance upon, and in consideration of, t
waiver, relinquishment and subordination of the grant of EASEMENT
being executed and delivered, the EASEMENT is being created, and t
specific monetary and other obligations are being and will be ente
I 0 e .
into by the Easement Grantee, other lenders and title insuranc
companies which would not be made or entered into but for said relianc
upon the waiver, relinquishment and subordination; and
3. An endorsement has been placed upon the note secured 1
the deed of trust above mentioned that said deed of trust has by th
instrument been subordinated to the charge of the EASEMENT in favor I
Easement Grantee above referred to.
BENEFICIARY BE at&+:
6&u;y. 9, w)&* --
\Le L;,- \I.c c.0l-i SqLLcC'\cr\
I j
IT IS RECOMMENDED TEAT, PRIOR TO THE EXECUTION OF THIS SUBORDINATI(
AGREEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT
THERETO
I
COUNTY OF I STATE OF CALIFORNIA Orange Iss.
0 + - = On - TlUP 6- 1988 , before me, the undersigned, a Notary Public in and for
Daniel T. Gray ;
LLE g 8 Constructionpresident and - 5:
g said State, personally appeared David R. Forrest and
, personally known to me (or proved to me on the 0
5 2 basis of satisfactory evidence) to be the persons who executed the within instrument as Vice Pres t
Assistant Secretary, on behalf of
BCE Development Inc. -0
2 z
6 g
I
the corporation therein named, and acknowledged to me that
suchcorporationexecuted thewithin instrument pursuanttoits
by-laws or a resolution of its board of directors
s5 -- -
(This area for official notarial seal)
* 0 0
' STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
) ss.
On June 16, 1988 , before me, the undersigned Notary Public in ar
said County and State, personally appeared IRWIN A. MOLASKY proved to me on the basis of satisfactory evidence to be the Trustee of Trust that executed the within instrument, personally known to me (or F
to me on the basis of satisfactory evidence) to be the person who execu
the within instrument on behalf of the Trust therein named, and acknowl to me that such Trust executed the same. *
WITNESS ny han and official seal.
Signature Lk- L4
Ruth A. Besecker
Name (Typed or Printed)
a . &\ . --HIC
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ORDER NO. 961883-1
LEGAL DESCRIPTION i
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIF
COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
PARCEL 1:
THAT PORTION OF LOTS 3, 4, 9 AND 10 OF RANCHO LAS ENCINITAS, IN T€
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREC
NO. 848, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEG
COUNTY, JUNE 27, 1898, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 3: THENCE ALONG TH
WESTERLY LINE OF SAID LOT 3, SOUTH 02'31'38" EAST, 340.00 FEET TO TH
TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID WESTER1
BOUNDARY, SOUTH 02'31'38" EAST, 468.13 FEET TO THE NORTHWEST CORNE
OF SAID LOT 10; THENCE ALONG THE WESTERLY LINE OF SAID LOT 10, SOU?
03O29'27" EAST, 760.00 FEET; THENCE LEAVING SAID WESTERLY LINE, NOR?
87"30'00" EAST, 2,550.00 FEET, MORE OR LESS, TO THE CENTER LINE C
COUNTY ROAD SURVEY NO. 454 (KNOWN AS RANCHO SANTA FE ROAD) A
DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO, RECORDED JANUARY 21
1930 IN BOOK 1737, PAGE 4 OF DEEDS: THENCE NORTHEASTERLY ALONG SA1
CENTER LINE TO AN INTERSECTION WITH A LINE WHICH BEARS NORT
07"3OtO0" EAST FROM THE TRUE POINT OF BEGINNING: THENCE SOUT
87°30'00'' WEST, 3,350.00 FEET, MORE OR LESS, TO THE TRUE POINT 0
BEGINNING.
EXCEPTING THEREFROM, LOTS 1 THROUGH 86, INCLUSIVE, OF SANTA FE RIDG
UNIT NO. 2, CARLSBAD TRACT NO. 83-16, IN THE CITY OF CARLSBAD, COUNT
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO
10857, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEG(
COUNTY, FEBRUARY 28, 1984.
PARCEL 2:
ALL THOSE PORTIONS OF LOTS 9 AND 10 OF RANCHO LAS ENCINITAS, IN TH:
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THERE0
NO. 848, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEG(
COUNTY, JUNE 27, 1898, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF LOT 3 OF SAID RANCHO LA6
ENCINITAS; THENCE ALONG THE WESTERLY LINE OF SAID LOT, SOUT€
02"31'38" EAST, 808.13 FEET TO THE NORTHWEST CORNER OF SAID LOT 10,
THENCE ALONG THE WESTERLY LINE OF SAID LOT 10, SOUTH 03"29'27'' EAST,
760.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALON(
SAID WESTERLY LINE, SOUTH 03'29'27" EAST, 1,869.70 FEET TO THI
.I
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ORDER NO. 961883-1
SOUTHWEST CORNER OF SAID LOT 10, SAID CORNER BEING IN THE CENTER LIE
OF OLIVENHAIN ROAD, ACCORDING TO SAN DIEGO COUNTY ROAD SURVEY NC
1631, FILED IN THE OFFICE OF THE COUNTY ENGXNEER OF SAID COUNTY
THENCE ALONG THE SOUTHERLY LINE OF LOT 10 AND SAID CENTER LINE, NOR'I
87='03~30~~ EAST, 509.61 FEET TO THE BEGINNING OF A 300.00 FOOT RADII
CURVE, CONCAVE NORTHWESTERLY, A RADIAL LINE OF SAID CURVE BEARS SOU'I
02°56t30t1 EAST TO SAID POINT, SAID POINT BEING THE SOUTHWESTER1
TERMINUS OF SAN DIEGO COUNTY ROAD SURVEY NO. 454 (KNOWN AS RANCI
SANTA FE ROAD) AS DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGC
RECORDED JANUARY 21, 1930 IN BOOK 1731, PAGE 4 OF DEEDS: THENC
LEAVING SAID SOUTHERLY LINE OF LOT 10, NORTHEASTERLY ALONG SA1
CENTER LINE, ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 49"04'49",
DISTANCE OF 256.98 FEET; THENCE TANGENT TO SAID CURVE, CONTINUIE
ALONG SAID CENTER LINE, NORTH 37'58'41" EAST, 697.88 FEET TO P
INTERSECTION WITH THE CENTER LINE OF RANCHO SANTA FE ROAD, ACCORDIh
TO SAN DIEGO COUNTY ROAD SURVEY NO. 454-7 AS DESCRIBED IN PARCEL 2 3
DEED TO THE COUNTY OF SAN DIEGO, RECORDED MAY 4, 1954 IN BOOK 5226
PAGE 582 OF OFFICIAL RECORDS, SAID INTERSECTION BEING AT THE POINT C
CUSP WITH A TANGENT 350.00 FOOT RADIUS CURVE, CONCAVE EASTERLI
THENCE SOUTHERLY AND SOUTHEASTERLY ALONG THE CENTER LINE OF SAID ROE
SURVEY NO. 454-A, ALONG SAID CURVE THROUGH A CENTRAL ANGLE C
58"10'27", A DISTANCE OF 355.37 FEET: THENCE TANGENT TO SAID CURVE
CONTINUING ALONG SAID CENTER LINE, SOUTH 20"11'46" EAST, 311.85 FEI
TO THE AFOREMENTIONED SOUTHERLY LINE OF LOT 10; THENCE LEAVING TI
CENTER LINE OF SAID ROAD SURVEY NO. 454-A, ALONG SAID SOUTHERLY LINE
NORTH 87"03'30" EAST, 1,412.68 FEET TO THE SOUTHWEST CORNER OF SA1
LOT 9: THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 9, NORTH 87'03'30
EAST 2,328.75 FEET; THENCE LEAVING SAID SOUTHERLY LINE, NORT
03"OOt0Ot1 WEST, 1,375.00 FEET; THENCE NORTH 35"OOt0Ot1 WEST, 490.0
FEET; THENCE NORTH 67'27'00" WEST, 1,800.00 FEET, MORE OR LESS, TO A INTERSECTION WITH THE CENTER LINE OF THE AFOREMENTIONED RANCHO SANT
FE ROAD: THENCE SOUTHWESTERLY ALONG SAID CENTER LINE TO A
INTERSECTION WITH A LINE THAT BEARS NORTH 87'30'00" EAST FROM TH
TRUE POINT OF BEGINNING; THENCE LEAVING SAID CENTER LINE OF RANCH
SANTA FE ROAD, SOUTH 87"30'00" WEST, 2,550.00 FEET, MORE OR LESS, 'I
THE TRUE POINT OF BEGINNING.
SAID LAND INCLUDES A PORTION OF PARCEL 2 OF PARCEL MAP NO. 13970
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY.
EXCEPTING THEREFROM, THAT PORTION OF LOTS 9 AND 10 OF RANCHO LA
ENCINITAS PER MAP NO. 848, ON FILE IN THE OFFICE OF THE COUNT
RECORDER OF SAN DIEGO COUNTY, STATE OF CALIFORNIA, DESCRIBED A
FOLLOWS :
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ORDER NO. 961883-3
COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 10; THENCE AMNG TI
SOUTH LINE THEREOF, SOUTH 87'30'28" WEST, 151.53 FEET TO THE TRI
POINT OF BEGINNING: THENCE CONTINUING ALONG S'AID SOUTH LINE, SOU?
87'30'28" WEST, 1,264.22 FEET TO A POINT ON THE CENTER LINE OF R01
SURVEY NO. 454-A, ON FILE IN THE OFFICE OF THE COUNTY ENGINEEF THENCE LEAVING SAID SOUTH LINE AND ALONG SAID ROAD SURVEY NO. 454-P
THE FOLLOWING COURSES:
NORTH 19"42'52" WEST, 314.11 FEET TO THE BEGINNING OF A TANGEP
350.00 FOOT RADIUS CURVE, CONCAVE EASTERLY: THENCE NORTHERLY Awl
THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 58°07108'1,
DISTANCE OF' 355.03 FEET TO A POINT ON THE CENTER LINE OF ROAD SURVI
NO. 454, ON FILE IN THE OFFICE OF THE COUNTY ENGINEER OF SAID SI
DIEGO COUNTY; THENCE LEAVING SAID ROAD SURVEY NO. 454-A AND ALONG TI
CENTER LINE OF SAID ROAD SURVEY NO. 454, THE FOLLOWING COURSES:
TANGENT TO SAID 350.00 FOOT RADIUS CURVE, NORTH 38'24'16" EAST
383.53 FEET TO THE BEGINNING OF A TANGENT 1,000.00 FOOT RADIUS CURVE
CONCAVE SOUTHEASTERLY: THENCE NORTHEASTERLY ALONG THE ARC OF SA1
CURVE, THROUGH A CENTRAL ANGLE OF 09"13'20", A DISTANCE OF 160.9
FEET; THENCE TANGENT TO SAID CURVE, NORTH 47°3713611 EAST, 988.7
FEET: THENCE LEAVING THE CENTER LINE OF SAID ROAD SURVEY NO. 454
SOUTH 42"22'24" EAST, 273.19 FEET TO THE BEGINNING OF A TANGEb
500.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY: THENCE EASTERLY ALOE
THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 34°5112011,
DISTANCE OF 304.17 FEET: THENCE TANGENT TO SAID CURVE, SOU7
77"13'44" EAST, 119.81 FEET: THENCE NORTH 90°0010011 EAST, 62.49 FEE
TO THE BEGINNING OF A TANGENT 430.00 FOOT RADIUS CURVE, CONCAV
SOUTHERLY: THENCE EASTERLY ALONG THE ARC OF SAID CURVE, THROUGH
CENTRAL ANGLE OF 27°3213211, A DISTANCE OF 206.70 FEET: THENCE TANGEN
TO SAID CURVE, SOUTH 62°2712811 EAST, 143.27 FEET: THENCE SOUT
27°3213211 WEST, 283.06 FEET: THENCE SOUTH 58°571161' WEST, 215.3
FEET; THENCE SOUTH 40'4412011 WEST, 180.81 FEET: THENCE SOUT
32°1714611 WEST, 125.40 FEET: THENCE SOUTH 19°11'44t1 WEST, 142.9
FEET: THENCE SOUTH 37°2813411 WEST, 37.80 FEET: THENCE SOUTH 63'26'06
WEST, 109.57 FEET: THENCE NORTH 81°2810911 WEST, 60.67 FEET: THENC
SOUTH 02"29'32" EAST, 357.10 FEET TO THE TRUE POINT OF BEGINNING.
ALSO EXCEPTING THEREFROM, THAT PORTION OF LOT 10 OF RANCHO Lp
ENCINITAS AS PER MAP NO. 848, FILED IN THE OFFICE OF THE COUNT
RECORDER OF SAN DIEGO COUNTY, DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT IN THAT CERTAIN COURSE IN THE CENTER LINE 0
RANCHO SANTA FE ROAD SHOWN AS "NORTH 38'24'16" EAST, 1083.64 FEET" 0
MAP NO. 8059, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEG
COUNTY, DISTANT THEREON ON A DIFFERENT BASIS OF BEARINGS, SOUT
38"24'20" WEST, 593.87 FEET FROM THE NORTHEASTERLY TERMINUS THEREOF
THENCE AT RIGHT ANGLES TO SAID CERTAIN COURSE, NORTH 51'35'40" WEST
61.00 FEET TO A POINT ON A LINE WHICH IS PARALLEL WITH AND 61.00 FEE
NORTHWESTERLY OF SAID CERTAIN COURSE, SAID POINT BEING THE TRUE POIN
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ORDER NO. 961883-1
OF BEGINNING; THENCE ALONG SAID PARALLEL LINE, SOUTH 38°24t2091 WES'3
19.82 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT rlAgg; THENC
CONTINUING ALONG SAID PARALLEL LINE, SOUTH 38°24t2011 WEST, 74.18 FEE
TO A TANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS C
1,149.00 FEET; THENCE LEAVING SAID PARALLEL LINE, SOUTHWESTERLY ALON
SAID CURVE, THROUGH A CENTRAL ANGLE OF 2"27'03", A DISTANCE OF 49.1
FEET; THENCE NON-TANGENT TO SAID CURVE, NORTH 58°35'00" WEST, 164.4
FEET; THENCE NORTH 48"50100" WEST, 45.00 FEET; THENCE NORTH 41"10100
EAST, 25.00 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "B"
THENCE CONTINUING NORTH 41"lO'OO" EAST, 30.19 FEET TO A POINT ON
FEET, A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS SOUTH 34"22'02
WEST; THENCE SOUTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGI
OF 6"13'231', A DISTANCE OF 32.58 FEET; THENCE NON-TANGENT TO SAI
CURVE, NORTH 24"50'00" EAST, 39.15 FEET; THENCE SOUTH 70"45'00" EAS'I
194.24 FEET TO THE TRUE POINT OF BEGINNING.
ALSO EXCEPTING THEREFROM SANTA FE RIDGE UNIT NO. 1, CARLSBAD TRAC
NO. 83-16, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE 0
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 10856, FILED IN THE OFFIC
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 28, 1984; AND,
ALSO EXCEPTING THEREFROM SANTA FE RIDGE UNIT NO. 2, CARLSBAD TRAC
NO. 83-16, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE C
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 10857, FILED IN THE OFFIC
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 28, 1984.
ALSO EXCEPTING, THOSE PORTIONS LYING WITHIN PARCELS 1 AND 2 OF DEE
TO POLYGON CORP., RECORDED OCTOBER 25, 1984 AS FILE NO. 84-403301 0
OFFICIAL RECORDS, SET OUT AS FOLLOWS:
BEING A PORTION OF PARCEL "B" OF CERTIFICATE OF COMPLIANCE RECORDE
AS FILE NO. 84-358890 OF OFFICIAL RECORDS, DATED SEPTEMBER 21, 1984
IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA
ACCORDING TO OFFICIAL PLAT THEREOF.
NON-TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 3oo.a
BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL llBtf: THENCE ALON
THE WESTERLY AND NORTHERLY BOUNDARY OF SAID PARCEL "B", NORT
02°2913211 WEST, A DISTANCE OF 357.10 FEET: THENCE SOUTH 81°28*09
DISTANCE OF 109.57 FEET; THENCE NORTH 37"28'34" EAST, A DISTANCE 0
37.80 FEET: THENCE NORTH 19"11144tt EAST, A DISTANCE OF 142.95 FEET
THENCE NORTH 32°17'4611 EAST, A DISTANCE OF 125.40 FEET: THENCE NORTl
4Oo44*2Oq1 EAST, A DISTANCE OF 180.81 FEET; THENCE NORTH 58"57116i
DISTANCE OF 283.06 FEET; THENCE NORTH 62°27t281t WEST, A DISTANCE 0'
36.88 FEET; THENCE NORTH 27"05'17" EAST, A DISTANCE OF 15.01 FEET
THENCE SOUTH 62"54'43" EAST, A DISTANCE OF 39.00 FEET TO THI
BEGINNING OF A TANGENT 520.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY
THENCE EASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGL
EAST, A DISTANCE OF 60.67 FEET: THENCE NORTH 63"26'06" EAST, 1
EAST, A DISTANCE OF' 215.32 FEET; THENCE NORTH 27"32'32" EAST, 1
. 8,
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I ORDER NO. 961883-1
OF 64'49*46", A DISTANCE OF 588.37 FEET; THENCE LEAVING SAID CURV
ALONG THE PROLONGATION OF A RADIAL LINE TO SAID CURVE, SOUT
37°44'2911 EAST, A DISTANCE OF 60.00 FEET TO AIPOINT IN THE ARC OF
20.00 FOOT RADIUS CURVE, CONCAVE EASTERLY, A RADIAL LINE TO SA1
POINT BEARS NORTH 37'44I29l' WEST; THENCE SOUTHWESTERLY AND SOUTHER1
ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 84"38'40",
DISTANCE OF 29.55 FEET: THENCE SOUTH 32°23'091g EAST, A DISTANCE 0
24.00 FEET TO THE BEGINNING OF A TANGENT 85.00 FOOT RADIUS CURVE
CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SA1
CURVE, THROUGH A CENTRAL ANGLE OF 16'15'36", A DISTANCE OF 24.12 FEE
TO A POINT OF REVERSE CURVATURE WITH A 65.00 FOOT RADIUS CURVE
CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SA1
CURVE, THROUGH A CENTRAL ANGLE OF 16"15'36", A DISTANCE OF 18.4
FEET; THENCE SOUTH 32'23'09" EAST, 15.74 FEET TO THE BEGINNING OF
TANGENT 170.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENC
SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE 0
03~53~14~~, A DISTANCE OF 11.53 FEET; THENCE SOUTH 36°16'23t' EAST,
DISTANCE OF 109.70 FEET TO THE BEGINNING OF A TANGENT 20.00 FOO
RADIUS CURVE, CONCAVE NORTHERLY; THENCE EASTERLY ALONG THE ARC 0
SAID CURVE, THROUGH A CENTRAL ANGLE OF 88°15'18t1, A DISTANCE OF 30.8
FEET; THENCE NORTH 55"28'19" EAST, A DISTANCE OF 19.74 FEET; THENC
SOUTH 34°3114111 EAST, A DISTANCE OF 60.00 FEET: THENCE SOUT
38°5810819 EAST, A DISTANCE OF 101.00 FEET; THENCE SOUTH 15'39'52
EAST, A DISTANCE OF 57.61 FEET: THENCE SOUTH 35°26145tg EAST,
DISTANCE OF 100.00 FEET; THENCE SOUTH 54"33'1511 WEST, A DISTANCE 0
120.37 FEET: THENCE NORTH 35'26'45" WEST, 102.00 FEET: THENCE NORT
15°21~001f WEST, 58.74 FEET; THENCE SOUTH 53°21'03tt WEST, 152.51 FEET
THENCE SOUTH 39"3812211 EAST, 220.66 FEET; THENCE SOUTH 50'21'38
WEST, 99.44 FEET; THENCE SOUTH 39"38'22fv EAST, 100.00 FEET; THENC
SOUTH 35°05*5411 EAST, 184.00 FEET; THENCE SOUTH 02°21'2911 EAST
181.40 FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF SAID PARCEL "Bet
THENCE ALONG SAID BOUNDARY SOUTH 87'38'31'' WEST, 1,429.71 FEET AN
SOUTH 87'30'28" WEST, 151.54 FEET TO THE TRUE POINT OF BEGINNING.
BEING A PORTION OF PARCEL lrB" OF CERTIFICATE OF COMPLIANCE RECORDE:
AS FILE NO. 84-358890 OF OFFICIAL RECORDS, DATED SEPTEMBER 21, 1984
IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA
ACCORDING TO OFFICIAL PLAT THEREOF.
BEGINNING AT THE SOUTHWESTERLY TERMINUS OF THAT CERTAIN COURSE ON TH
SOUTHERLY BOUNDARY OF SAID PARCEL "B", DESIGNATED AS NORTH 63'37'07
EAST, 1,007.25 FEET; THENCE ALONG THE SOUTHERLY BOUNDARY OF SA1
PARCEL IIBtt, SOUTH 87'38'31qt WEST, 114.29 FEET: THENCE LEAVING SA1
BOUNDARY NORTH 02"21'291' WEST, 181.40 FEET: THENCE NORTH 35'05'54
WEST, 184.00 FEET; THENCE NORTH 39'38'22'' WEST, 100.00 FEET: THENC
NORTH 50'21'38" EAST, 99.44 FEET; THENCE NORTH 39'38'22'' WEST, 220.6
FEET; THENCE NORTH 53"21103g1 EAST, 152.51 FEET: THENCE SOUT-
15"21'OOt1 EAST, 58.74 FEET; THENCE SOUTH 35°26'4511 EAST, 102.00 FEET,
THENCE NORTH 54"33t1511 EAST, 120.37 FEET: THENCE NORTH 35'26'45'
WEST, 100.00 FEET; THENCE NORTH 15"39'52t1 WEST, 57.61 FEET; THENCI
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ORDER NO. 961883-:
NORTH 38"5810811 WEST, 101.00 FEET; THENCE NORTH 34"31'411f WEST, 60.( FEET; THENCE SOUTH 55°28q19'' WEST, A DISTANCE OF 19.74 FEET TO TI BEGINNING OF A TANGENT 20.00 FOOT RADIUS CURVE, CONCAVE NORTHERL'
THENCE WESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGI
OF 88"15'18", A DISTANCE OF 30.81 FEET; THENCE NORTH 36"16'23" WES'I
A DISTANCE OF 109.70 FEET TO THE BEGINNING OF A TANGENT 170.00 FOC RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG T€
ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 03"53'14", A DISTANC
OF 11.53 FEET: THENCE NORTH 32"23'09'' WEST, A DISTANCE OF 15.74 FEE
TO THE BEGINNING OF A TANGENT 65.00 FOOT RADIUS CURVE, CONCA7 NORTHEASTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 16"15'36", A DISTANCE OF 18.45 FEET TO
POINT OF REVERSE CURVATURE WITH AN 85.00 FOOT RADIUS CURVE, CONCAT
SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 16"15'36", A DISTANCE OF 24.12 FEE: THENCE NORTH 32"23'09" WEST, A DISTANCE OF 24.00 FEET TO TI BEGINNING OF A TANGENT 20.00 FOOT RADIUS CURVE, CONCAVE EASTERLI THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGI
OF 84"38'40", A DISTANCE OF 29.55 FEET; THENCE LEAVING SAID CURT ALONG THE PROLONGATION OF A RADIAL LINE TO SAID CURVE, NOR'I
37O44'29'' WEST, A DISTANCE OF 60.00 FEET TO A POINT IN THE NORTHER1
BOUNDARY OF SAID PARCEL "B", SAID POINT BEING IN THE ARC OF PERPENDICULAR 520.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY,
RADIAL LINE TO SAID POINT BEARS SOUTH 37°4412911 EAST; THEN(
NORTHEASTERLY ALONG THE ARC OF SAID CURVE AND SAID NORTHER1
BOUNDARY, THROUGH A CENTRAL ANGLE OF 02"33'031g, A DISTANCE OF 23.:
FEET; THENCE NORTH 49"42'28" EAST, A DISTANCE OF 370.82 FEET TO TI
BEGINNING OF A TANGENT 730.00 FOOT RADIUS CURVE, CONCAT,
SOUTHEASTERLY: THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 17"21'11", A DISTANCE OF 221.09 FEET THENCE NORTH 67"03'39" EAST, A DISTANCE OF 144.79 FEET TO TI- BEGINNING OF A TANGENT 370.00 FOOT RADIUS CURVE, CONCAL
NORTHWESTERLY: THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 16'56'41", A DISTANCE OF 109.42 FEE'I THENCE NORTH 50"06'58" EAST, A DISTANCE OF 9.69 FEET TO THE BEGINNIE OF A TANGENT 400.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENC
NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE C
17°51v0219, A DISTANCE OF 124.62 FEET: THENCE NORTH 67"58'001* EAST, DISTANCE OF 121.06 FEET TO THE BEGINNING OF A TANGENT 20.00 FOC RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG TH
ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 90"00'00", A DISTANC
OF 31.42 FEET TO A POINT OF CUSP: THENCE LEAVING SAID CURVE ALONG
TANGENT LINE, SOUTH 22"02'OOt1 EAST, A DISTANCE OF 202.60 FEET: THENC
NORTH 67"58'00" EAST, 60.00 FEET; THENCE SOUTH 22'02'00" EAST,
DISTANCE OF 450.00 FEET TO THE BEGINNING OF A TANGENT 1,030.00 FOO
RADIUS CURVE, CONCAVE WESTERLY; THENCE SOUTHERLY ALONG THE ARC C
SAID CURVE, THROUGH A CENTRAL ANGLE OF 12"44'30", A DISTANCE C
229.06 FEET; THENCE SOUTH 09"17g301@ EAST, A DISTANCE OF 150.00 FEE
TO THE BEGINNING OF A TANGENT 930.00 FOOT RADIUS CURVE, CONCAV WESTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, THROUGH
I
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ORDER NO. 961883-:
CENTRAL ANGLE OF 24°0415111, A DISTANCE OF 390.87 FEET; THENCE LEAVIl
SAID CURVE ALONG A NON-TANGENT LINE, SOUTH 63'37'05'' WEST, 1,007.:
FEET TO THE POINT OF BEGINNING. I
ALSO EXCEPTING THOSE PORTIONS LYING WITHIN PARCEL MAP NO. 13970, :
THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE (
THE COUNTY RECORDER OF SAN DIEGO COUNTY, 1985 AS FI!
NO. 85-355261 OF OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM THAT PORTION LYING SOUTHEASTERLY OF TI
SOUTHEASTERLY LINE OF PARCEL B OF CERTIFICATE OF COMPLIANCE RECORD1
SEPTEMBER 21, 1984 AS FILE NO. 84-358890 OF OFFICIAL RECORDS, IN TI
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY.
J.K.
4/25/88
SEPTEMBER 25,
.I
fX/-CcnIt- fl-7
j
i
FORM *a DAWCO PRESS
NNING CONSULTANTS Rldh ENGINEERING COMPANY @ D CIVIL ENGINEERS
365 SO. RANCHO SANTA FE ROAD SUITE 100
SAN MARCOS, CALIFORNIA 92069 619/744-4800
JOB NO. LEGAL DESCRIPTION FOR: BY DATE JLW
CHK'D. ,d& 1-20-88 7958-A PROPOSED DRAINAGE EASEMENT
Easements being in the City of Carlsbad, County of San Diegc
State of California, and being a portion of the Certificate c Compliance per Document Number 85-375187, recorded October 5 1985, said document being on File in the Office of the Count Recorder in said County, in said State, and more particular]
described as follows:
PARCEL A-1
A strip of land being 20.00 feet wide, lying 10.00 feet on eac
side measured at right angles and parallel with the followir described centerline.
Commencing at the most Southerly point on the centerline ( Rancho Santa Fe Road as described in an easement for Public Roz to the City of Carlsbad per Document Number 85-404384, recorde
October 29, 1985, said document being on file in the Office c
the County Recorder in said County, in said State; thence alor
said centerline North 38O24'16" East 217.56 feet to a poir described herein as point A-4; thence continuing North 38O24'1f East 102.80 feet to the beginning of a 1000-00 foot radius curr concaved Southeasterly; thence Northeasterly along the arc ( said curve through a central angle of 9°13120n, a distance c 160.96 feet; thence North 47O37'36" East 64.91 feet to a poir described herein as Point A-3: thence continuing North 47O37'3t
East 617.11 feet to a point described herein as point A-2: thenc
continuing North 47O37'36" East 882.11 feet to the beginning of
1000.00 foot radius curve concaved Northwesterly; thenc Northeasterly along the arc of said curve through a central ang:
of 26O44'55", a distance of 466.85 feet; thence radially Norl
69°07'19" West 63-16 feet to the Westerly right-of-way line c said road; said point also being the TRUE POINT OF BEGINNING ( Parcel A-1; thence North 44°0T''30" West 25.00 feet to the POIl
OF TERMINUS.
The sidelines of said easement shall be lengthened or shortenc to begin on said right-of-way line and shall terminate at rig1 angles and passes through the POINT OF TERMINUS.
Parcel A-2
A strip of land being 20.00 feet wide, lying 10.00 feet on eac
side and parallel with the following described centerline.
Commencing at the above described point A-2; thence Norl
4Z022'24" West 67.35 feet to a point on the Westerly right-of-wi
line of said road, said point also being the TRUE POINT (
BEGINNING; thence North 14°36'00gg West 60.000 feet to the POIl
OF TERMINUS.
~ COMPANY DESCRIPTION REVISIONS
TITLE co. BY DATE REFEREHCE ORDER No. DATE
EXHISIT B-3
)
L
FORM 468 0AWtO PRESS
NNlNG CONSULTANTS Rie ENGINEERING COMPANY @ D CIVIL ENGINEERS
365 SO. RANCHO SANTA FE ROAD SUITE 100
SAN MARCOS, CALIFORNIA 92069 619/744-4800
JOE NO. LEGAL DESCRIPTION FOR. BY DATE JLW
cHK'D* de 1-20-88 7958-A PROPOSED DRAINAGE EASEMENT
The sidelines of said easement shall be lengthened or shortene to begin on said right-of-way line and shall terminate at rig1 angles and passes through the POINT OF 'PERMINUS.
Parcel A-3
A strip of land being 20.00 feet wide, lying 10.00 feet on eac
side and parallel with the following described centerline.
Commencing at the above described point A-3; thence Nort 42O22'24" West 66.72 feet to a point on the Westerly right-ol way line of said road: said point also being the TRUE POINT (
BEGINNING; thence North 52°40120" West 55.00 to the POINT (
TERMINUS.
The sidelines of said easement shall be lengthened or shortent to begin on said right-of-way line and shall terminate at rig1
angles and passes through the POINT OF TERMINUS.
Parcel A-4
A strip of land being 20.00 feet wide, lying 10.00 feet on ea( side and parallel with the following described centerline.
Commencing at the above described point A-4; thence Nort
51O35'44" West 60.90 feet to a point on the Westerly right-oi
way line of said road, said point also being the TRUE POINT (
BEGINNING; thence North 42O43'18" West 35.000 feet to the POI1
, ..
OF TERMINUS.
The sidelines of said easement shall be lengthened or shortene to begin on said right-of-way line and shall terminate at rig1 angles and passes through the POINT OF TERMINUS.--
COMPANY DESCRIPTION REVISIONS
BY ' DATE TITLE co.
REFERENCE ORDER NO. DATE
EXIIIBIT B-2
PLAT TO ILLUSTRATE PROPOSED
DRAINAGE EASEMENTS
~~~\~~!~~!~~\!’~~~
m --DAN --oi)i.i~~ mnorrx,a-4uoi)mm-- m a-uMAc. ~DAN-CI
PROJECT - 78fl-A
SCALE /” =/m’ I DATE 1-
c I 0
L
RECORDING REQUESTED BY:
CITV OF CARLSEAD
AFTER RECORDING RETURN TO:
CITY OF CARLSBAD CITY CLERK
r-,-i -hTr7 r-1; F~~~; - a-~nn~ PD #258: APN 255-031-26 1200 Elm Avenue
om
GRANT OF EASEMENT
FOR STORM DRAIN FACILITIES
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged the undersigned,B.C.E. Development Inc., formerly known as Daon Corp- oration, A Delaware Corporation, as Successor in interest by merger,
LaCosta Land Company, an Illinois Corporation,does hereby Grant to
City of Carlsbad its successors or assigns, a perpetual easement for, and the right to construct, reconstruct, repair, replace operate, maj tain, and use Storm Drain Facilities and appurtenances and appurtenar work in, on, under and across that certain real property situate in t
City of Carlsbad, County of San Diego, State of California, and more
particularly described as follows:
See Exhibit "A" attached hereto and made a part hereof, for legal description.
together with the right to enter upon, and to pass and repass, over,
along, and beside said easement and to deposit tools, implements and other materials thereon whenever and wherever necessary for the purpc
above set forth.
WITNESS, . . . .4W . . . . . . . . .hanS. . . . . . . .this .18 .dayof .4ecemheE . . . .19.87. <
B. C .E. DEVEJORMENT INC .
BY:
David For e'st, Vice President, C
BY : &d&y(&*:s-(
STATE OF CALIFORNIA Kenneth H. Klopp, Vice President
COUNTY OF 0 w
On&.@&A18J. .19.. 87 .before me the undersigned, a Notary Public in and
for said Co nty and State, personally a peared D:k%PP.?. . .known to mf
to be the. . . .bI'C,G-. . . . . . .President, and fWP'W?.&. &ff. . . . .known to mt to be the ~icG.&~S/.PwT.. .Seeswof the corporation that executed 1
within Instrument, and known to me to be the persons who executed tht within Instrument on behalf of the corporation therein named, and ad
nowledged to me that such corporation executed the within instrument
pursuant to its Bylaws or a Resolution of its Board of Directors.
WITNESS my hand and officia
seal.
c-
Notary Public
'
'I
FORM 468 rlAWCO PRESS
NNlNG CONSULTANTS Ram ENGINEERING COMPANY IO D CIVIL ENGINEERS
3088 PIO PICO DR. 0 SUITE 202 CARLSBAD, CA 92008
TELEPHONE 0 AREA CODE 619 0 729-4987
JOB NO. LEGAL DESCRIPTION FOR: BY DATE JLW
' 11-8-85 7928-R PROPOSED DRAINAGE EASEFIENTS CHK'D.
Easements being a portion of Parcel 2 as shown on Parcel Map Nc 13970-, on file in the office of the County Recorder, in the coun
ty of San Diego, in the state of California, more particular1
described as follows:
Commencing at the most Westerly corner of said Parcel Map; thenc along the Southwesterly and the prolongation of the Soutwesterl
boundary, South 42'25'44'' East 39.23 feet to a point on the East erly right-of-way line of Rancho Santa Fe Road as shown on sai Parcel Map; thence along said Easterly right-of-way Nort 47'34'16" East 54.18 feet to a point herein described as 'A-1'
thence continuing along said Easterly right-of-way Nort 47O34'16" East 330.00 feet to a point herein described as 'A-2'
thence continuing along said Easterly right-of-way Nort
47'34'16" East 72.92 feet to the beginning of a 1553.50 foot radi us curve concave Northwesterly; thence Northeasterly along th
arc of said curve through a central angle of 20'18'42", a dis
tance of 550.72 feet to a point Herein described as 'A-3', a radi
a1 line to said point bears South 62'44'26'' East.
PARCEL A-1
A strip of land 15.00 feet in width, lying 7.50 feet on eac
side, measured at right angles and parallel with the followin
described centerline.
Beginning at the above described point A-1; thence Sout 42'25'44'' East 55.00 feet to the POINT OF, TERMINATION.
The sideline of said easement shall begin at right angles throug
the POINT OF BEGINNING and shall terminate at right angle
through the POINT OF TERMINATION.
PARCEL A-2
A strip of land 15.00 feet wide, lying 7.50 feet on each side measured at right angles and parallel with the following de scribed centerline.
Beginning at the above described point A-2, thence Sout
42'25'44'' East 30.00 feet to the POINT OF TERMINATION.
The sidelines of said easement shall begin at right angle
through the POINT OF BEGINNING and shall terminate at right an
gles through the POINT OF TERMINATION.
I I.
COMPANY DESCRIPTION REV1 S IONS
BY 1 DATE TITLE CO.
REFERENCE ORDERNO- DATE
EXHIBIT A-1
I
I
~ ~~ ~~ ~~~~~~ FORM 468 CAWCO PRESS
WING CONSULTANTS Rlg) ENGINEERING COMPANY I@' CIVIL ENGINEERS
3088 PIO PICO DR. SUITE 202 0 CARLSBAD, CA 92008
TELEPHONE AREA CODE 619 729-4987
DATE
By JLW JOB NO. LEGAL DESCRIPTION FOR:
7928-R PROPOSED DRAINAGE EASEPIEN'I'S CHK'D. 11-8-85
PARCEL A-3
A strip of land 25.00 feet wide, lying 12.50 feet on each side
measured at right angles and parallel with the following de.
scribed centerline.
Beginning at the above described point A-3; thence Sout 55'24'23" East 95.00 feet to the POINT OF TERMINATION.
The sidelines of said easement shall be lengthened or shortenel
to begin on said 1553,.50 foot radius curve and passes through th,
POINT OF BEGINNING and shall terminate at right angles throug the POINT OF TERMINATION. .,
.. , I.
I
COMPANY DESCRIPTION REVISIONS BY DATE TITLE CO.
REFERENCE ORDERNO. DATE
EXEIBIT A-2
PM NO, 139;
PARCEL 2
RICK ENQINEERINQ CO PLAT TO ILLffSTRAE CIVIL ENOINEERS.SURVEVOR8 * I
mao ~AUS m.mm MOO,- mieni- - m - DRURUAD.CA~I~~-~
PROJECT NUMBER 7P20 R
3OORRC)(OmAR-.lrN-CI
DRAINAGE &AS€MENT
b SCALE I”= 100‘ 1 DATE /o
m i *
h
CERTIFICATION FOR ACCEPTANCE OF DEED
This is to certify that the interest in real property
conveyed by the deed or grant dated December 18, 1987
from B.C.E. Development- ~ formerly knnT.m sc bn Cnrnnritinn
to the City of Carlsbad, California, a municipal corporation,
is hereby accepted by the City Council of the City of Carlsbad,
California pursuant to resolution No. 88-306 , adopted
on August 23, 1988 , and the grantee consents to the
recordation thereof by its duly authorized officer.
DATED: August 24, 1988 1
By : r2,dh .L
ALETHA L. RAUTENKFWNZ, Pty Clerk
0 i. .-. RECORDING REQU~ED BY:
CITY OF CARLSBAD
5'
WHEN RECORDED MAIL TO:
CITY OF CARLSBAD CITY CLERK
1200 Elm Avenue Carlsbad, California 92008
Space Above This Line For Recorc
SUBORDINATION AGREEMENT
NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN
YOUR SECURITY INTEREST IN THE PROPERTY
BECOMING SUBJECT TO AN ESTATE IN THE
REAL PROPERTY TO WHICH YOUR SECURITY
INSTRUMENT ATTACHES AND HAS THE POTENTIAL
EFFECT OF REDUCING THE VALUE OF YOUR
SECURITY INTEREST.
THIS AGREEMENT, made this 6th day of June
by BCE DEVELOPMENT, INC., a Delaware Corporation
owner of the land hereinafter described and hereinafter referre
as "OWer," and Allard Roen and Irwin A. Folasky, Trustees of I
La Costa Trust in Dissolution UTA July 6,198hresent Owner and 1
b assignment recorded 9/18/85 as file no. 85-344731of Official Records, oY the deed of trust and note hereinafter described and hereina
referred to as "Beneficiary";
.
WITNESSETH
THAT WHEREAS, La Costa Land Company
did execute a deed of tn
March 10, 1981 , to Title Insurance
and Trust Company I as trustee, covering
real property, Exhibit "A" attached hereto and incorporated herein by
this reference
- to secure a note in the sum of $ 4*,3783689-71 , dated
March 10, 1981 , in favor of Rancha La Costa, Inc., Nevada Corporation *
recorded March 10, 1981 I - Page 81-1
Official Recorda of said county: and
WHEIPEAS, Owner has executed, or is about to execute,
grantor, a grant of easement dated December 18~ I987
0 ' : 0.
*- 0
1,
ifi favor af The City of Cxlgbad
as grantee herein referred to as "Easement Grantee," creating
attached 1 easement more particularly described in Exhibit "B"
and
WHEREAS, it is a condition precedent to obtaining si
easement that said grant of easement above mentioned shall unc
ditionally be and remain at all times a charge upon the land I
before described, prior and superior to the lien or charge of
deed of trust above mentioned; and
WHEREAS, Easement Grantee is willing to accept said
ment provided the grant of easement is a charge upon the above
described property prior and superior to the lien or charge of
deed of trust above mentioned and provided that Beneficiary wi
specifically and unconditionally subordinate the lien or char:
of the deed of trust above mentioned to the lien or charge of
easement created in favor of Easement Grantee; and
WHEREAS, it is to the mutual benefit of the parties
that Easement Grantee accept said easement and Beneficiary is
willing that the grant of easement shall, when recorded, const
a charge upon said land which is unconditionally prior and sup
to the lien or charge of the deed of trust above mentioned.
NOW, THEREFORE, in consideration of the mutual benef
accruing to the parties hereto and other valuable consideratio
receipt and sufficiency of which consideration is hereby ackno
and in order to induce Easement Grantee to accept said easemen
referred to, it is hereby declared, understood and agreed as
follows :
(1) That said easement in favor of Easement
Grantee shall unconditionally be and remain
at all times a charge on the property therein
described, prior and superior to the lien or
charge of the deed of trust above mentioned. I
-2-
.- 0 0
i
(2) That Easement Grantee would not accept said easemen
above described without this subordination agreemen
That this agreement shall be the whole and only
agreement with regard to the subordination of the
lien or charge of the deed of trust above
mentioned to the easement in favor of Easement
Grantee above referred to and shall supersede
and cancel, but only insofar as would affect the
priority between the deed of trust and easement
hereinbefore specifically described, any prior
agreement as to such subordination including, but
not limited, those provisions, if any, contained
in the deed of trust above mentioned, which
provide for the subordination of the lien or charge
thereof to another interest in the real property
therein described.
(3)
Beneficiary declares, agrees and acknowledges that
(a) He consents to and approves the grant of
easement in favor of the Easement Grantee.
He intentionally and unconditionally waives,
relinquishes and subordinates the lien or
charge of the deed of trust above mentioned
to the easement in favor of Easement Grantee
above referred to and understands that in reli
upon, and in consideration of, this waiver,
relinquishment and subordination the grant
of easement is being executed and delivered,
the easement is being created, and that specif
monetary and other obligations are being
(b)
I
-3-
le 1
5.'
I- o ,r
t.
and will be entered into by the Easement
Grantee, other lenders and title insurance
companies which would not be made or
entered into but for said reliance upon
this waiver, relinquishment and subordina-
tion; and
(c) An indorsement has been placed upon the note
secured by the deed of trust above mentioned
that said deed of trust has by this instrument
been subordinated to the charge of the ease-
ment in favor of Easement Grantee above referred
to.
cRLL;cC:-w#-e+q BCE DEVIQOPENT , PTC. v
Allard Roen and/or By:bk \; C-GiZiCG Irwin A. Molasky, Trustee
Beneficiary Owne
(ALL SIGNATURES MUST BE ACKNOWLEDGED)
I
STATE OF CALIFORNIA Iss.
0) - , before me, the undersigned, a Notary Public in and for = One c 'lfi00 F .c a said State, personally appeared na-T-71 d R - Fnrrp n+ and u , personally known to me (or proved to me on the
2 $ z g COnStrUCtiOn president and Assistant Secretary, on behalf of
COUNTY OF Orancre I
Daniel T. Gray E basls of sattsfactory evidence) to be the persons who executed the within instrument as Vice Pres -
-0
mu z $ g 2
I
? '0
5: BCE De velopment Inc. .- the corporation therein named, and acknowledged to me that
such corporation executed thewithin instrument pursuantto its
bylaws or a resolution of its board of directors.
WITNESS my hand and official seal
05 - N
N 0 .$ Signat (Thts area for official notarial seal)
IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS SUBORDINAT1
THERETO. AGREEMENT, THE PARTIEB CONSULT WITH THEIR ATTORNEYS WITH RESPECT
-4-
FA Form 1 (Existing Deed of Trust to New Easement)
I 0 0
'STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ) ss.
On June 16, 1988 , before me, the undersigned Notary Public in ani said County and State, personally appeared IRWIN A. MOLASKY proved to me on the basis of satisfactory evidence to be the Trustee of
Trust that executed the within instrument, personally known to me (or p to me on the basis of satisfactory evidence) to be the person who execu
the within instrument on behalf of the Trust therein named, and acknowl to me that such Trust executed the same, -
WITNESS ny han and official seal.
NOTARY PUBLIC - CAUFmlA
SAN DIEGO COL"
S iqnature Lk-6A
Ruth A. Besecker
Name (Typed or Printed)
if ---8
ORDER NO. 961826-1
LEGAL DESCRIPTION
THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE C
CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
PARCEL A!
THAT PORTION OF PARCEL 2 OF PARCEL MAP NO. 13970, IN THE CITY (
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN TI
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 25, 191 AS FILE NO. 85-355261 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF PARCEL 2 OF SAID PARCEL E
A PUBLIC STREET AND A POINT ON THE ARC OF 430.00 FOOT RADIUS CUR'
CONCAVE SOUTHERLY, A RADIAL BEARING TO SAID POINT BEARS NOR'
15'16'27" WEST; THENCE WESTERLY ALONG SAID CURVE 'AND RIGHT-OF-W,
LINE THROUGH A CENTRAL ANGLE OF 15'33'21", A DISTANCE OF 116.74 FEE'
THENCE TANGENT TO SAID CURVE SOUTH 89'43'06" WEST 45.56 FEET TO TI
BEGINNING OF A TANGENT 390.00 FOOT RADIUS CURVE CONCAVE NORTHERL
THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANG
OF 13'39136t1, A DISTANCE OF 92.98 FEET; THENCE TANGENT TO SAID CUR'
NORTH 76'37'18" WEST 58.96 FEET TO THE BEGINNING OF A TANGENT 458.
FOOT RADIUS CURVE CONCAVE NORTHEASTERLY: THENCE NORTHWESTERLY ALO;
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 29'45'4611,
DISTANCE OF 237.91 FEET TO A POINT TO WHICH A RADIAL BEARING BEA
SOUTH 43'08'28'' WEST; THENCE LEAVING SAID RIGHT-OF-WAY LINE NOR'
43"22g461t EAST 555.44 FEET: THENCE NORTH 31'52946t1 EAST 340.00 FEE'
THENCE NORTH 42'22'46" EAST 170.00 FEET; THENCE NORTH 58"22'46" EA
105.00 FEET; THENCE NORTH 83'52t46t1 EAST 155.00 FEET; THENCE SOU
89'22'14" EAST 260.92 FEET TO A POINT ON THE EAST LINE OF SAID PARC
2 OF PARCEL MAP NO. 13970; THENCE SOUTHWESTERLY ALONG SAID EAST LI
SOUTH 51'40t351t WEST 261.97 FEET: THENCE SOUTH 38'54t24tt WEST 487.
FEET: THENCE SOUTH O8'54'1lt1 EAST 166.44 FEET; THENCE SOUTH 50'24'4
WEST 167.86 FEET: THENCE SOUTH 15'16t2711 WEST 221.30 FEET TO T
POINT OF COMMENCEMENT.
-
BEING A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF CALLE BARCELONi
PARCEL B:
PARCEL 2 OF PARCEL MAP NO. 13970, IN THE CITY OF CARLSBAD, COUNTY
SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUN
RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 25, 1985 AS FILE N
85-355261 OF OFFICIAL RECORDS.
EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS:
EKH~BI~ A-I
--e _--- -
-- f-A hf t 8, 0 C 7 ' *'/ ~.:*3&&2*. .t
&<'.&.X- *-- ,$ +%%!!
>\fl* (*,,'/--// +p .-- --+
r2
-,
ORDER NO, 961826
COMMENCING AT THE SOUTHEAST CORNER OF PARCEL 2 OF SAID PARCEL BEING A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF CALLE BARCELC
A PUBLIC STREET AND A POINT ON THE ARC OF 430.00 FOOT RADIUS CL
CONCAVE SOUTHERLY, A RADIAL BEARING TO SAID POINT BEARS NC
15"16'27" WEST; THENCE WESTERLY ALONG SAID CURVE AND RIGHT-OF-
LINE THROUGH A CENTRAL ANGLE OF 15"33'21", A DISTANCE OF 116.74 FE
THENCE TANGENT TO SAID CURVE SOUTH 89"43'06ts WEST 45.56 FEET TO
BEGINNING OF A TANGENT 390.00 FOOT RADIUS CURVE CONCAVE NORTHEF
THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL AN
OF 13°39t36qt, A DISTANCE OF 92.98 FEET: THENCE TANGENT TO SAID CU
NORTH 76"37'18" WEST 58.96 FEET TO THE BEGINNING OF A TANGENT 458
FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY AL
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 29"45'46", - DISTANCE OF 237.91 FEET TO A POINT TO WHICH A RADIAL BEARING BE
SOUTH 43"08'28" WEST; THENCE LEAVING SAID RIGHT-OF-WAY LINE NO.
43"2214611 EAST 555.44 FEET: THENCE NORTH 31"521461t EAST 340.00 FE
THENCE NORTH 42"22'46" EAST 170.00 FEET; THENCE NORTH 58'22'46" E.
105.00 FEET; THENCE NORTH 83'52'46Il EAST 155.00 FEET: THENCE SO1
89"22'14" EAST 260.92 FEET TO A POINT ON THE EAST LINE OF SAID PAR
2 OF PARCEL MAP NO. 13970; THENCE SOUTHWESTERLY ALONG SAID EAST L
SOUTH 51"40'35" WEST 261.97 FEET; THENCE SOUTH 38"54'24" WEST 487
FEET: THENCE SOUTH 08°54'1111 EAST 166.44 FEET: THENCE SOUTH 50"24'1
WEST 167.86 FEET; THENCE SOUTH 15°16t27t1 WEST 221.30 FEET TO r:
POINT OF COMMENCEMENT.
1/5/88 J.K.
EAHI~\T A-2
'
i
FORM 468 rAWCO PRESS RI.( ENGINEERING COMPANY &%~L%%~K'RY
3088 PI0 PIC0 DR. 0 SUITE 202 CARLSBAD, CA 92008
TELEPHONE 0 AREA CODE 619 729-4987
JOB NO. LEGAL DESCRIPTION FOR. BY DATE J L 14
CHK'D. 11-8-85 7928-R PROPOSED DRAINAGE EASEMENTS
Easements being a portion of Parcel 2 as shown on Parcel Map Nc
13970, on file in the office of the County Recorder, in the cour
ty of San Diego, in the state of California, more particular1
described as follows:
Commencing at the most Westerly corner of said Parcel Map; thenc along the Southwesterly and the prolongation of the Soutwesterl
boundary, South 42'25'44" East 39.23 feet to a point on the East
erly right-of-way line of Rancho Santa Fe Road as shown on sai
Parcel Map; thence along said Easterly right-of-way Nort
47'34'16" East 54.18 feet to a point herein described as 'A-ll
thence continuing along said Easterly right-of-way Nort
47'34'16" East 330.00 feet to a point herein described as 'A-2'
thence continuing along said Easterly right-of-way -Nort
47"34'16" East 72.92 feet to the beginning of a 1553.50 foot radj us curve concave Northwesterly; thence Northeasterly along tk
arc of said curve through a central angle of 20°18'42",.a diE
tance of 550.72 feet to a point herein described as 'A-3', a radj a1 line to said point bears South 62'44'26" East.
PARCEL A-1
A strip of land 15.00 feet in width, lying 7.50 feet on eac
side, measured at right angles and parallel with the followir described centerline.
Beginning at the above described point A-1; thence Sout
42'25'44" East 55.00 feet to the. POINT OF TERMINATION.
The sideline of said easement shall begin at right angles throuc
the POINT OF BEGINNING and shall terminate at right angle through the POINT OF TERMINATION.
PARCEL A-2
A strip of land 15.00 feet wide, lying 7.50 feet on each sidc
measured at right angles and parallel with the following de
scribed centerline.
Beginning at the above described point A-2, thence Sout
42'25'44" East 30.00 feet to the POINT OF TERMINATION.
The sidelines of said easement shall begin at right angle
through the POINT OF BEGINNING and shall terminate at right ar
gles through the POINT OF TERMINATION.
COMPANY DESCRIPTION REVISIONS
TITLE CO. BY ' DATE REFERENCE ORDERNO. DATE
EXHIBIT B-1
> ~ ~ ~ ~~~~~~ CH FORM 468 0:WCO PRESS Ria) ENGINEERING COMPANY I DVE"$E'~?E
3088 PI0 PIC0 DR. 0 SUITE 202 0 CARLSBAD, CA 92008
TELEPHONE 0 AREA CODE 619 0 729-4987
DATE . By JLW JOB NO. LEGAL OESCRIPTION FOR:
7928-R P ROP 0 SED D R A I NAG E EA S ET-IEN '1' S CHK'O. 11-8-85
L
PARCEL A-3
A strip of land 25.00 feet wide, lying 12.50 feet on each side,
measured at riyht angles and parallel with the following de-
scribed centerline.
Beginning at the above described point A-3; thence Soutl
55O24'23" East 95.00 feet to the POINT OF TERMINATION.
The sidelines of said easement shall be lengthened or shortenec
to begin on said 1553.50 foot radius curve and passes through thc POINT OF BEGINNING and shall terminate at right angles througl the POINT OF TERMINATION. ."'
,. I I.
' COMPANY ' DESCRIPTION REVISIONS
BY DATE TITLE CO.
REFERENCE ORDER NO* DATE
EXHIBIT B-2
RICK ENQINEERINQ COI PLAT TO /LLU57KA7€ CIVIL ENOINEERS - SURVEYORS * F
wpo m- -mr.N ~(.tao,c~ ei~asium ~PIO~DR-IP.CA~~~-~ONI - 5.- .ANTA R -llrN MIADqcI I
DRAINAGE EA5€M€IT
PROJECT NJMEER 7926R
SCALE fCs 100' I DATE 10' I*
J
e 4.
..as. .__I SXCORDING REQU~D BY:
CITY OF CARLSBAD 4'
WHEN RECORDED MAIL TO:
1200 Elm Avenue
Carlsbad, California 9 200 8
CITY OF CARLSAD CITY CLERK
Space Wove This Line For Record
SUBORDINATION AGREEMENT
NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN
YOUR SECURITY INTEREST IN TIIE PROPERTY
BECOMING SUBJECT TO AN ESTATE IN THE
REAL PROPERTY TO WHICII YOUR SECURITY
INSTRUMENT ATTACHES AND HAS THE POTENTIAL
EFFECT OF REDUCING THE VALUE OF YOUR
SECURITY INTEREST.
THIS AGREEMENT, made this 6tF day of Jcrte
by BCE DEVELOPMENT, INC., a Delaware Corporation
owner of the land hereinafter described and hereinafter referre
. as "Owner," and OAK TREE SAVINGS BANK, S.S.B., by mesne assignme
record as per Inst # 88-331499, recorded July-8, 1988,
present owner and h in official records of San Diego County
of the deed of trust and note hereinafter described and hereina
referred to as "Beneficiary";
-
WITNESSETH
THAT WHEREAS, La Costa Land Company
did execute a deed of tru
to Ticor Insurance and I March 10, 1981
Company , as trustee, covering
real property described on Exhibit "A"
attached hereto and incorporated herein
. by this reference
to secure a note in the sum of $ none shown , dated
The Trustees of Central Si March 10, 1981 r in favor ofsoutheast and Southwest Ar
Pension Fund 81-0728 recorded March 10, 1981 I --page
I Official Records of said county; and
0
WHEREAS, Owner has executed, or is about to execute,
grantor, a grant of easement dated December 18, 1987
e I :
.- e
a'
in favor of The City of Carlsbad
as grantee herein referred to as "Easement Grantee," creating
easement more particularly described in Exhibit "B" attached h
and
WHEREAS, it is a condition precedent to obtaining sa
easement that said grant of easement above mentioned shall unc
ditionally be and remain at all times a charge upon the land h
before described, prior and superior to the lien or charge of
deed of trust above mentioned; and
WHEREAS, Easement Grantee is willing to accept said
ment provided the grant of easement is a charge upon the above
described property prior and superior to the lien or charge of
deed of trust above mentioned and provided that Beneficiary wi.
specifically and unconditionally subordinate the lien or chargc
of the deed of trust above mentioned to the lien or charge of
easement created in favor of Easement Grantee: and
WHEREAS, it is to the mutual benefit of the parties 1
that Easement Grantee accept said easement and Beneficiary is
willing that the grant of easement shall, when recorded, const
a charge upon said land which is unconditionally prior and sup1
to the lien or charge of the deed of trust above mentioned.
NOW, THEREFORE, in consideration of the mutual benef
accruing to the parties hereto and other valuable consideratio.
receipt and sufficiency of which consideration is hereby acknoi
and in order to induce Easement Grantee to accept said easemenl
referred to, it is hereby declared, understood and agreed as
follows :
(1) That said easement in favor of Easement
Grantee shall nnconditionally be and remain
at all times a charge on the property therein
described, prior and superior to the lien or
charge of the deed of trust above mentioned. I
-2-
$ 0 m .-
+ (2) That Easement Grantee would not accept said easement
above described without this subordination agreement
That this agreement shall be the whole and only
agreement with regard to the subordination of the
lien or charge of the deed of trust above
mentioned to the easement in favor of Easement
Grantee above referred to and shall supersede
and cancel, but only insofar as would affect the
priority between the deed of trust and easement
hereinbefore specifically described, any prior
agreement as to such subordination including, but
not limited, those provisions, if any, contained
in the deed of trust above mentioned, which
provide for the subordination of the lien or charge
thereof to another interest in the real property
therein described.
,.
(3)
Beneficiary declares, agrees and acknowledges that
(a) He consents to and approves the grant of
easement in favor of the Easement Grantee.
(b) He intentionally and unconditionally waives,
relinquishes and subordinates the lien or
charge of the deed of trust above mentioned
to the easement in favor of Easement Grantee
above referred to and understands that in relia
upon, and in consideration of, this waiver,
relinquishment and subordination the grant
of easement is being executed and delivered,
the easement is being created, aiid that specifi
monetary and other obligations are being
I
-3-
IO a -t
I' I-
1
and will be entered into by the Easement
Grantee, other lenders and title insurance
companies which would not be made or
entered into but for said reliance upon
this waiver, relinquishment and subordina-
tion; and
(C) An indorsement has been placed upon the note
secured by the deed of trust above mentioned
that said deed of trust has by this instrument
been subordinated to the charge of the ease-
ment in favor of Easement Grantee above referred
to.
=OAK TREE SAVINGS BANK, S.S.B. & BCE Development, Inc.
By :
Date: By : ];ayl;r Bene July clary 6, 1988 ice resi ent - Owner
(aT T rn7-n.- ----
\
)SS
STATE OF CALIFORNIA Orange I COUNTY OF before me, the undersigned, a Notaw Public In and for s On June 6, 1988 and
5 said State, personally appeared 'avid R* For rest , personally known to me (or proved to me on the 0 Daniel T. Gray z
-a g cL Construction Presldent and Assistant Secretary. on behalf Of
62 B E DEVELOPMENT INC*
E5 o v) such corporatlon executed the within i~smnent pursuanttoits
N m,
al +
~ E f basis of satlsfactorY evldence) to be the persons who executed the wlthln instrument as Vice Pres '
UE -0 - 2 g om the corporation therein named, and acknowledged to me that
0,s ,
'p N 0 &lA * 4 Signatut
bylaws or a resolution Of Its board Of directors - WITNESS my hand and Offlclal Seal
Vhls area for offlcial notarial seal)
STATE OF CAugaw,9 1 ) ss.
1. -4
COUNTY OF Mor1nmq
On this dA day of JULY
known to me (<e- evidence) to 'be the President, and
that executed the within instrument, know'n to me to be the persons who executed the w
instIXJDent on behalf of the corporation therein named, and acknowledged to me that su
corporation executed the within instrument pursuant to its by-laws or a resolution of
Board of Directors.
Witness my hand and official seal.
1980 before me, the undersigned, a No
1// w ' Public in and for said State,-personally appeared UDkftJ $z* -pA.%g L-dR
nG 9
w* b of the corpo
1) - u-. Notary Public
, t.ly Commission expires: J~z 10 /ygy
I 0 w
4 - 2 -.-
ORDER NO. 961826-1
LEGAL DESCRIPTION
THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE 0
CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
PARCEL A:
THAT PORTION OF PARCEL 2 OF PARCEL MAP NO. 13970, IN THE CITY 0
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN TH
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 25, 198
AS FILE NO. 85-355261 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF PARCEL 2 OF SAID PARCEL MA
BEING A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF CALLI3 BARCELONA
A PUBLIC STREET AND A POINT ON THE ARC OF 430.00 FOOT RADIUS CURV
CONCAVE SOUTHERLY, A RADIAL BEARING TO SAID POINT BEARS NOR'I
15"16'27" WEST; THENCE WESTERLY ALONG SAID CURVE 'AND RIGHT-OF-WA
LINE THROUGH A CENTRAL ANGLE OF 15"33'21'', A DISTANCE OF 116.74 FEE9
THENCE TANGENT TO SAID CURVE SOUTH 89"43'06" WEST 45.56 FEET TO TH
BEGINNING OF A TANGENT 390.00 FOOT RADIUS CURVE CONCAVE NORTHERLY
THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGI
OF 13°3913611, A DISTANCE OF 92.98 FEET; THENCE TANGENT TO SAID CUR\
NORTH 76"37'18" WEST 58.96 FEET TO THE BEGINNING OF A TANGENT 458.C
FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALOE
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 29"45'46",
DISTANCE OF 237.91 FEET TO A POINT TO WHICH A RADIAL BEARING BEAI
SOUTH 43'08'28'' WEST; THENCE LEAVING SAID RIGHT-OF-WAY LINE NOR'I
43'2214611 EAST 555.44 FEET; THENCE NORTH 31°5214611 EAST 340.00 FEE7
THENCE NORTH 42"2214611 EAST 170.00 FEET; THENCE NORTH 58"2214611 EA:
105.00 FEET: THENCE NORTH 83"5214611 EAST 155.00 FEET; THENCE SOU7
89"22'14'' EAST 260.92 FEET TO A POINT ON THE EAST LINE OF SAID PARCI
2 OF PARCEL MAP NO. 13970; THENCE SOUTHWESTERLY ALONG SAID EAST LIl
SOUTH 51"4013511 WEST 261.97 FEET; THENCE SOUTH 38"5412411 WEST 487.(
FEET; THENCE SOUTH 08"5411111 EAST 166.44 FEET; THENCE SOUTH 50'24'4f
WEST 167.86 FEET; THENCE SOUTH 15"1612711 WEST 221.30 FEET TO TI
POINT OF COMMENCEMENT.
PARCEL B:
PARCEL 2 OF PARCEL MAP NO. 13970, IN THE CITY OF CARLSBAD, COUNTY (
SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUN:
RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 25, 1985 AS FILE N(
85-355261 OF OFFICIAL RECORDS.
EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS:
EK(HI01T A-1
I e e
?
~ --x __L--
_-
K .?.
ORDER NO. 96182t
CU"CING AT THE SOUTHEAST CORNER OF' PARCEL 2 OF SAID PARCEL
BEING A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF CALLE BARCEU A PUBLIC STREET AND A POINT ON THE ARC OF 430.00 FOOT RADIUS CI CONCAVE SOUTHERLY, A RADIAL BEARING TO SAID POINT BEARS NC
15"16'27" WEST; THENCE WESTERLY ALONG SAID CURVE AND RIGHT-OF-
LINE THROUGH A CENTRAL ANGLE OF 15"33'21", A DISTANCE OF 116.74 FE
THENCE TANGENT TO SAID CURVE SOUTH 89'43'06" WEST 45.56 FEET TO BEGINNING OF A TANGENT 390.00 FOOT RADIUS CURVE CONCAVE NORTHEF
THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL AI
OF 13°39'36tt, A DISTANCE OF 92.98 FEET; THENCE TANGENT TO SAID CU
NORTH 76"37'18" WEST 58.96 FEET TO THE BEGINNING OF A TANGENT 458 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY AI THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 29'45'46", - DISTANCE OF 237.91 FEET TO A POINT TO WHICH A RADIAL BEARING BE SOUTH 43'08'28" WEST; THENCE LEAVING SAID RIGHT-OF-WAY LINE NC
43"22'46If EAST 555.44 FEET: THENCE NORTH 31'52'46" EAST 340.00 FE
THENCE NORTH 42'22'46" EAST 170.00 FEET; THENCE NORTH 58'22'46" E
105.00 FEET: THENCE NORTH 83°52'46t1 EAST 155.00 FEET: THENCE SO
89'22'14'' EAST 260.92 FEET TO A POINT ON THE EAST LINE OF SAID PAR
2 OF PARCEL MAP NO. 13970: THENCE SOUTHWESTERLY ALONG SAID EAST L
SOUTH 51°40135g' WEST 261.97 FEET: THENCE SOUTH 38"54'24It WEST 487 FEET; THENCE SOUTH 08'54'11" EAST 166.44 FEET: THENCE SOUTH 50"24'4 WEST 167.86 FEET: THENCE SOUTH 15°16827t1 WEST 221.30 FEET TO ' POINT OF COMMENCEMENT.
1/5/88 J.K.
ExtlWT A-2
I
FORM 468 D4WCO PRESS RICK ENGINEERING COMPANY I %"C:"y::~%%i"%'
3088 PI0 PIC0 DR. 0 SUITE 202 0 CARLSBAD, CA 92008
TELEPHONE 0 AREA CODE 619 0 729-4987
LEGAL DESCRIPTION FOR: BY DATE JLTt7 JOB NO.
7928-R PROPOSED DRAINAGE EASENENTS CHK'D, 11-8-85
Easements being a portion of Parcel 2 as shown on Parcel Map Nc
13970, on file in the office of the County Recorder, in the coun
ty of San Diego, in the state of California, more particular1
described as follows:
Commencing at the most Westerly corner of said Parcel Map; thenc along the Southwesterly and the prolongation of the Soutwesterl
boundary, South 42O25'44" East 39.23 feet to a point on the East erly right-of-way line of Rancho Santa Fe Road as shown on sai Parcel Map; thence along said Easterly right-of-way Nort
47O34'16" East 54.18 feet to a'point herein described as 'A-1'
thence continuing along said Easterly right-of-way Nort
47"34'16" East 330.00 feet to a point herein described as 'A-2'
thence continuing along said Easterly right-of-way Nort
47"34'16" East 72.92 feet to the beginning of a 1553.50 foot radi us curve concave Northwesterly; thence Northeasterly along th arc of said curve through a central angle of 20°18'42", a dis
tance of 550.72 feet to a point herein described as 'A-3', a radi
a1 line to said point bears South 62"44'26" East.
PARCEL A-1
A strip of land 15.00 feet in width, lying 7.50 feet on eac
side, measured at right angles and parallel with the followin
described centerline.
Beginning at the above described point A-1; thence Sout
42"25'44" East 55.00 feet to the POINT OF TERMINATION.
The sideline of said easement shall begin at right angles throug
the POINT OF BEGINNING and shall terminate at right angle
through the POINT OF TERMINATION.
PARCEL A-2
A strip of land 15.00 feet wide, lying 7.50 feet on each side
measured at right angles and parallel with the following de
scribed centerline.
Beginning at the above described point A-2, thence Sout
42"25'44" East 30.00 feet to the POINT OF TERMINATION.
The sidelines of said easement shall begin at right angle
through the POINT OF BEGINNING and shall terminate at right an
gles through the POINT OF TERMINATION,
COMPANY D ESCRl P TI ON, REVISIONS
TITLE CO. BY I DATE
REFERENCE ORDER NO. DATE
EXHIBIT B-1
JOB NO.
7928-R
DATE 8Y JLW LEGAL DESCRIPTION FOR:
P RO P 0 SED DRAINAGE EA S E i?!E N 'J'S CHK'D. 11-8-85
TITLE CD.
REFERENCE
REVISIONS DESCRIPTION COMPANY
ORDER NO. DATE BY DATE
t
Y
PM NO. 139;
PARCEL 2
RICK ENOINEERINQ COI PLAT TO /LLOSTRAT€ CIVIL ENOINEERS -SURVEYORS SF
masm m- m.m.rN o~00.w eim-asi~111 soma PIQ Rco DRCIRUI~CA m-m-7PNs w RRc)(Q .ANTA R -M -cI I
CIRA/NAG€ €AS€M€N7
PROJECT NUWEER 7926R
1 SCALE /'I= loa' [ DATE 10
4 0 0
i
RECORDING REQUESTED BY:
CITY OF CARLSBAD
AFTER RECORDING RETURN TO:
CITY OF CARLSBAD CITY CLERK
rw r~ 99 wn Gw 1200 Elm Avenue
1 I -a- -
PD 258; APN 255-030-09
GRANT OF EASEMENT
FOR STORM DRAIN FACILITIES
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledge
the undersigned,B.C.E. Development Inc., formerly known as Daon Cor&
oration, A Delaware Corporation, as Successor in interest by merger,
LaCosta Land Company, an Illinois Corporation,does hereby Grant to
City of Carlsbad its successors or assigns, a perpetual easement for and the right to construct, reconstruct, repair, replace operate, mz
tain, and use Storm Drain Facilities and appurtenances and appurtenz work in, on, under and across that certain real property situate in City of Carlsbad, County of San Diego, State of California, and mor6
particularly described as follows:
See Exhibit "A" attached hereto and made a part hereof, for legal
description.
together with the right to enter upon, and to pass and repass, over,
along, and beside said easement and to deposit tools, implements anc
other materials thereon whenever and wherever necessary for the purl above set forth.
WITNESS, . . . . . . our . . . . . . . . . .hand?. . . . . . .this. &? .dayof .??s@??< . . . .198? <
B.C.E. DEV OPMENT INC. ,aLT
David Forrest, Vice President, (
BY: &4{/4&+ppf ,b-'e
STATE OF CALIFORPJIA Kennkth H. Klopp, Vice Preside2
COUNTY OF 0-
On &&d?! ./8., .19. . .before me the undersigned, a Notar Public in an(
for said Coucty and State, personally appearedD.<;'?&dT.. .known to I
to be the. u./Cc . . .. . . . . .President, and.@%.G?~t.#:&?ff.. .known to I
to be the .V/LC f%e(dc@T. . - of the corporation that executed
within Instrument, and known to me to be the persons who executed tl
within Instrument on behalf of the corporation therein named, and a(
nowledged to me that such corporation executed the within instrumen'
pursuant to its Bylaws or a Resolution of its Board of Directors.
67
WITNESS my hand and offici(
seal.
Notary Public,
'
\
FORM 468 OAWCO PRESS Ram ENGINEERING COMPANY a NNI NG CONSULTANTS 0 CIVIL ENGINEERS
3088 PI0 PIC0 DR. SUITE 202 0 CARLSBAD, CA 92008
TELEPHONE AREA CODE 619 729-4987
JOB NO. LEGAL DESCRIPTIONFOR BY DATE
7920-V PROPOSED DRAINAGE EASEMENT CHK'D. zfl 7/14/8f
An easement being a portion of Lot 4, as shown on Map No. 84 said map being on file in the Office of the Coutny Recorder the County of San Diego, in the State of California, more partic lary described as follows;
0
A strip of land being 15.00 feet in width, lying 7.50 feet each side, measured at right angles and parallel with the follo
ing described centerline:
Commencinq at the Southeaset corner of Lot 122 as shown on M No. 8059, said map being on file in the Office of the County Re
order in the County of San Diego, in the State of Californi
said corner also being on the Westerly right-of-way line
Rancho Santa Fe Road: thence along said right-of-way line Sou
14°53153" West 138.61 feet to the TRUE POINT OF BEGINNING; then
leaving said right-of-way line South 87O25'39" West 45.00 fget
the Point of Termination.
The sidelines of said easement shall be lengthened or shorten to beqin on said Westerly right-of-way line and to end at rig angles and passes through the POINT OF TERMINATIO
E?. k v;-3.l 1
4 I.
REVISIONS COMPANY DESCRIPTION
BY I DATE TITLE CO.
REFERENCE ORDER NO. DATE
EXIIIBIT A-1
RICK 8NOINW8RINO CC
aIVIL 8NOIN..R8*8URVUVOR8
m - m.u~ mmm0.e~ mqmaiu r-nworrcrrurrquamie= PROPOSED DRAINAGE ES'MT an amursrrm ---a
PR~JK=T N-WWER 7928V
PLAT TO ILLUSTRATE
L
SCALE I"= 40' I OATE 7- +
0 0 \
CERTIFICATION FOR ACCEPTANCE OF DEED
This is to certify that the interest in real property
conveyed by the deed or grant dated December 18, 1987
from B.C.E. Development Inc., formerly known as Daon Corporation
to the City of Carlsbad, California, a municipal corporation,
is hereby accepted by the City Council of the City of Carlsbad,
California pursuant to resolution No. 88-306 , adopted
on August 23, 1988 , and the grantee consents to the
recordation thereof by its duly authorized officer.
DATED: August 24, 1988 1
BY: dAzz%x/ A?&A- ALETHA L. RAUTENKRANZ, City Clerk
b m 0
*
RECORDING REQUESTED BY AND 1
WHEN RECORDED MAIL TO: 1 1
CITY OF CARLSBAD CITY CLERK 1
1200 Elm Avenue 1 Carlsbad, CA 92008 Space above this line for Recorder's UI
SUBORDINATION AGREEMENT
NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR
SECURITY INTEREST IN THE PROPERTY BECOMING
SUBJECT TO AN ESTATE IN THE REAL PROPERTY TO WHICH YOUR SECURITY INSTRUMENT ATTACHES AND
HAS THE POTENTIAL EFFECT OF REDUCING THE VALUE
OF YOUR SECURITY INTEREST.
THIS AGREEMENT, made this Gt h day of :Erie
1988 by BCE Development, a Delaware Corporation owner of the land he
inafter described and hereinafter referred to as llOwner,tl and All
Roen and Irwin A. Molaskv, Trustees of Rancho La Costa Trust in dis
lution UTA July 6, 1981 bv Mesne Assisnments of record as Der Docum
NO. 85-344731 recorded Segtember 18, 1985, present owner and holder
the deed of trust and not hereinafter described and hereinaf
ref erred to as 'IBeneficiary1* ;
WITNESSETH
THAT WHEREAS, La Costa Land Company did execute a deed of tru
dated March 10, 1981, to Title Insurance and Trust Company as trust
covering real DroDertv described on Exhibit A, attached hereto,
secure a note in the sum of forty million three hundred seventy ei
thousand six hundred eiahtv nine dollars and seventy one ce
0 0 0
*
($40,378,689.711 dated March 10. 1981, in favar bf Rancho 1% EO
Inc., a Nevada Corporation recorded March 10, 1981, as File No. 1
072863 of Official Records of said county; and
WHEREAS, Owner has executed, or is about to execute, as grant1
a grant of EASEMENT dated December 18r198T in favor of the City of C,
lsbad as grantee herein referred to as IIEasement Grantee, It creating
EASEMENT more particularly described in EXHIBIT B attached hereto;
WHEREAS, it is a condition precedent to obtaining said EASEM
that said grant of EASEMENT above mentioned shall unconditionally
and remain at all times a charge upon the land hereinbefore describ
prior and superior to the lien of charge of the deed of trust ab
mentioned; and
WHEREAS, Easement Grantee is willing to accept said EASEMI
provided the grant of EASEMENT is a charge upon the above descril
property prior and superior to the lien or charge of the deed of tri
above mentioned and provided that Beneficiary will specifically i
unconditionally subordinate the lien or charge of the deed of tri
above mentioned to the lien or charge of the EASEMENT created in fa’
of Easement Grantee; and
WHEREAS, it is to the mutual benefit of the parties hereto tl
Easement Grantee accept said EASEMENT and Beneficiary is willing t:
the grant of EASEMENT shall, when recorded, constitute a charge u’
said land which is unconditionally prior and superior to the lien
charge of the deed of trust above mentioned.
NOW, THEREFORE, in consideration of the mutual benef
accruing to the parties hereto and other valuable consideration, 1
receipt and sufficiency of which consideration is hereby acknowledgc
I 0 0
I
and in order to induce Easement Grantee to accept said EASEMENT ab1
referred to, it is hereby declared, understood and agreed as folloi
1. That said EASEMENT in favor of Easement Grantee shl
unconditionally be and remain at all times a charge on the prope
therein described, prior and superior to the lien or charge of the d
of trust above mentioned.
2. That Easement Grantee would not accept said EASEMENT ab
described without this subordination agreement.
3. That this agreement shall be the whole and only agreem
with regard to the subordination of the lien or charge of the deed
trust above mentioned to the EASEMENT in favor of Easement Gran
above referred to and shall supersede and cancel, but only insofar
would affect the priority between the deed of trust and EASEMENT he
inbefore specifically described, any prior agreement as to such sub
dination including, but not limited, those provisions, if a
contained in the deed of trust above mentioned, which provide for
subordination of the lien or charge thereof to another interest in
real property therein described.
BENEFICIARY declares, agrees and acknowledges that:
1. He consents to and approved the grant of EASEMENT in fa
of the Easement Grantee.
2. He intentionally and unconditionally waives, relinquis
and subordinates the lien or charge of the deed of trust ab
mentioned to the EASEMENT in favor of Easement Grantee above refer
to and understands that in reliance upon, and in consideration of, t
waiver, relinquishment and subordination of the grant of EASEMENT
being executed and delivered, the EASEMENT is being created, and t
1 e 0
h
specific monetary and other obligations are being and will be enter
into by the Easement Grantee, other lenders and title insuranl
companies which would not be made or entered into but for said relian
upon the waiver, relinquishment and subordination; and
3. An endorsement has been placed upon the note secured
the deed of trust above mentioned that said deed of trust has by th
instrument been subordinated to the charge of the EASEMENT in favor
Easement Grantee above referred to.
BENEFICIARY FER n~~&&jJ&~ - q.y cc,d~aqws-k-J
I \ w
IT IS RECOMMENDED TEAT, PRIOR TO THE EXECUTION OF THIS SUBORDINATI(
AGREEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT
THERETO.
i Iss. Orange I
STATE OF CALIFORNIA
COUNlY OF
al
c E On Tnnp 6. 1988 , before me, the undersigned. a Notary Public in and for
. 5 said State,personallyappeared David R. Forrest and
, personally known to me (or proved to me on the : Daniel T. Gray E 2 P
UE g g Constructio+res,dentand Assistant Secretary, on behalf of -0
mu : 2 Qb z 2
I
basis Of satisfactory evidence) to be the persons who executed the within instrument as Vice Pres r
5; BCE Development Inc. -
the corporation therein named, and acknowledged to me that
such corporation executed thewtthtninstrumentpursuanttoits
bylaws or a resolution of its board of directors.
25
(This area for official notarial seal)
0 0
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
&
) ss.
On June 16, 1988 , before me, the undersigned Notary Public in an
said County and State, personally appeared proved to me on the basis of satisfactory evidence to be the Trustee of Trust that executed the within instrument, personally known to me (or p
to me on the basis of satisfactory evidence) to be the person who execu
the within instrument on behalf of the Trust therein named, and acknowl to me that such Trust executed the same. -
IRWIN A. MOLASXY
WITNESS ny han and official seal.
Signature Au*&c4
Ruth A. Besecker
Name (Typed or Printed)
..
'C e- p, fl$;* --i ,i
@3.**:;r-. n -%&h -1.
&@>'' : $ ,,I/--//
* %-*> cy- : 4
--\ 1- 1 .. *----
.-n - P ORDER NO. 961825-
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNII
COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
PARCEL 1:
THOSE PORTIONS OF LOTS 3, 4, 9 AND 10, OF RANCHO US ENCINITAl
ACCORDING TO MAP THEREOF NO. 848, FILED IN THE OFFICE OF THE COUN'
RECORDER OF SAN DIEGO COUNTY, JUNE 27, 1898, ALL BEING IN THE CITY ( CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA AI
DESCRIBED AS A WHOLE AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SANTA FE RIDGE-UNIT 2, CARLSBA
TRACT NO. 83-16, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STA'
OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 10857, FILED IN TI
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 28, 1981
THENCE ALONG .THE NORTHERLY BOUNDARY THEREOF NORTH 89°5710011 WE!
651.90 FEET; THENCE LEAVING SAID NORTHERLY LINE NORTH 0"03t00t1 EA!
30.00 FEET TO THE BEGINNING OF A NON-TANGENT 30.00 FOOT RADIUS CUR1
CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS SOU1
O"03'00" WEST: THENCE NORTHEASTERLY AND NORTHERLY ALONG THE ARC C
SAID CURVE THROUGH A CENTRAL ANGLE OF 90'00'00" A DISTANCE OF 39.;
FEET; THENCE TANGENT TO SAID CURVE NORTH 0"03t00t1 EAST 297.21 FEET !I
THE BEGINNING OF A TANGENT 400.00 FOOT RADIUS CURVE CONCAVE EASTERLI
THENCE NORTHERLY AMNG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGl
OF 11'00'00'1 A DISTANCE OF 76.79 FEET; THENCE TANGENT TO SAID CURT
NORTH 11°03100'1 EAST 190.62 FEET TO THE BEGINNING OF A TANGENT 520.(
FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE NORTHERLY ALONG THE ARC (
SAID CURVE THROUGH A CENTRAL ANGLE OF 10'30'00" A DISTANCE OF 95.1
FEET; THENCE TANGENT TO SAID CURVE NORTH 0'331001t EAST 263.16 FEET
THENCE SOUTH 89"27'00" EAST 246.97 FEET TO THE BEGINNING OF A TANGEE
430.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTER1
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 37"30'00"
DISTANCE OF 281.43 FEET: THENCE TANGENT TO SAID CURVE SOUTH 51"57'0C
EAST 383.93 FEET TO THE BEGINNING OF A TANGENT 270.00 FOOT RADII.
CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG THE ARC C
SAID CURVE THROUGH A CENTRAL ANGLE OF 31"13'30" A DISTANCE OF 147.1
FEET; THENCE TANGENT TO SAID CURVE SOUTH 83'10'30" EAST 561.16 FEE
TO THE BEGINNING OF A TANGENT 355.00 FOOT RADIUS CURVE CONCAt
SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURV
THROUGH A CENTRAL ANGLE OF 64"10'56" A DISTANCE OF 397.65 FEET
THENCE NON-TANGENT TO SAID CURVE NORTH 71"00'16'' EAST 48.51 FEET
THENCE NORTH 50°50'361t EAST 84.65 FEET; THENCE NORTH 40'34t44t1 EAS
91.04 FEET; THENCE SOUTH 43°47t591' EAST 52.26 FEET; THENCE SOU'I
75"27'40t1 EAST 671.17 FEET; THENCE SOUTH 70"5411511 EAST 52.55 FEET T
A POINT IN THE WESTERLY BOUNDARY OF PARCEL MAP NO. 13970; THENC
gxIkcrsrr 4-4
L e *. ' e' ? y:, A# d..'&c----7 - &;;;q W!p.??
.I 8- -gs: $fzaT
li \\\/ I" ,,,/E -i-- ! -p 'iL. "\.- 1 yr,. ORDER NO. 961825-
ALONG SAID BOUNDARY SOUTH 19'05'45" WEST 94.36 FEET TO THE BEGINNI
OF A TANGENT 1000.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THEN
SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE
28'31'51" A DISTANCE OF 497.96 FEET; THENCE CONTINUING ALONG SA
BOUNDARY AND THE SOUTHWESTERLY PROLONGATION THEREOF SOUTH 47'37'3
WEST 684.35 FEET TO THE MOST NORTHERLY CORNER OF CARLSBAD TRACT h
81-16 (VISTA SANTA FE, UNIT NO. 4), IN THE CITY OF CARLSBAD, COUN
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF N
11140, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIE
COUNTY, FEBRUARY 12, 1985: THENCE ALONG SAID BOUNDARY CONTINUI
SOUTH 47'37'36" WEST 879.78 FEET TO THE BEGINNING OF A TANGE
1000.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTER
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 9'13'20"
DISTANCE OF 160.96 FEET; THENCE TANGENT TO SAID CURVE SOUTH 38'24'1
WEST 320.36 FEET (RECORD SOUTH 38'24'20" WEST 320.27 FEET PER MAP K
10856) TO THE MOST EASTERLY CORNER OF SANTA FE RIDGE-UNIT 1, CARLSE
TRACT NO. 83-16, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STP
OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 10856, FILED IN 'I
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 28, 196
THENCE LEAVING THE BOUNDARY OF SAID MAP NO. 11140 AND ALONG 1
BOUNDARY OF SAID MAP NO. 10856 NORTH 51"35'40" WEST 61.00 FEE
THENCE NORTH 65'28'OOt1 WEST 348.38 FEET; THENCE NORTH 28°12'001t WE
224.02 FEET; THENCE TO AND ALONG THE AFOREMENTIONED BOUNDARY OF M
NO. 10857, NORTH 07"0O'0Ot1 WEST 570.00 FEET: THENCE CONTINUING AM
SAID BOUNDARY OF MAP NO. 10857 NORTH 58'56'00" EAST 330.00 FEE
THENCE NORTH 13"05*0011 EAST 140.00 FEET: THENCE NORTH 18°27t001t WE
440.50 FEET; THENCE NORTH 0'03100" EAST 54.00 FEET TO THE POINT
BEGINNING.
PARCEL 2:
THAT PORTION OF LOTS 3, 4, 9 AND 10 OF RANCHO LAS ENCINITAS, IN 'I
CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, PER M
NO. 848, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
JUNE 27, 1898, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEASTERLY TERMINUS OF THAT CERTAIN COURSE IN T
EASTERLY BOUNDARY OF THE AMENDED MAP OF SANTA FE RIDGE - UNIT 1, P
MAP NO. 11018 FILED IN THE OFFICE OF SAID COUNTY RECORDER ON AUGU
EASTERLY BOUNDARY THE FOLLOWING COURSES: NORTH 51"35'40" WEST 61.
FEET, NORTH 65'28'00" WEST 348.38 FEET, NORTH 28"1210011 WEST 224.
FEET AND NORTH 7'0O'0Ot1 WEST 223.06 FEET TO THE SOUTHEASTERLY CORN
OF THE AMENDED MAP OF SANTA FE RIDGE UNIT 2 PER MAP NO. 11019, FIL
IN THE OFFICE OF SAID COUNTY RECORDER ON AUGUST 14, 1984: THEN
ALONG THE EASTERLY AND NORTHERLY BOUNDARY OF SAID MAP THE FOLLOW1
COURSES : NORTH 7'0O'0Ot' WEST 346.94 FEET, NORTH 58'56'00" EA,
330.00 FEET, NORTH 13'05'00" EAST 140.00 FEET, NORTH 18"27100" WE8
440.50 FEET, NORTH 0'O3'0Ott EAST 54.00 FEET AND NORTH 89'57'00" WE
651.73 FEET; THENCE LEAVING SAID BOUNDARY, NORTH 0'O3'0Og1 EAST 30.
14, 1984, SHOWN ON SAID MAP AS ItN. 51'35*40tt W. 61.0Otrt; THENCE SA
Ex&n lr 4-r-
L a. *. - '+- 9 y, kg?:***+
a ->A&; ;+;///L'
&&Ac &,?/ t' s*\:*+ -?-;;$-
4" /. -5- 5 ORDER NO. 961825-
FEET TO A POINT ON A LINE WHICH IS PARALLEL WITH AND 30.00 FE
NORTHERLY MEASURED AT RIGHT ANGLES FROM THE NORTHERLY BOUNDARY
SAID MAP NO. 11019; THENCE ALONG SAID PARALLEL LINE SOUTH 89.57'0
EAST 654.57 FEET; THENCE NORTH 0'0310011 EAST 265.00 FEET: THEN
NORTH 89'010011 EAST 87.00 FEET: THENCE NORTH 58"4913011 EAST 50.
FEET; THENCE NORTH 26"47'00" EAST 165.00 FEET; THENCE NORTH lO"17'0
EAST 111.00 FEET: THENCE NORTH 32"54'55" EAST 60.00 FEET TO A POI1
270.00 FEET; A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS SOU'
32"54 15511 WEST; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH
CENTRAL ANGLE OF 6*5415511 A DISTANCE OF 32.59 FEET: THENCE NOR'
26'00'00" EAST 40.00 FEET: THENCE NORTH 14°1810011 EAST 55.00 FEE'
THENCE NORTH 15°48100t1 EAST 85.00 FEET: THENCE NORTH 22°031001t EA:
215.00 FEET: THENCE NORTH 33'18'00" EAST 90.00 FEET; THENCE NOR'
53'23'35" EAST 102.20 FEET TO A POINT ON A NON-TANGENT CURVE CONCA'
NORTHEASTERLY HAVING A RADIUS OF 330.00 FEET: A RADIAL LINE OF SA
CURVE TO SAID POINT BEARS SOUTH 69°001009q WEST; THENCE NORTHER
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 9'1810011 A DISTANCE (
53.56 FEET; THENCE NORTH 78'1810011 EAST 189.89 FEET TO A POINT IN T
WESTERLY BOUNDARY OF CARLSBAD TRACT NO. 73-2 (SANTA FE GLENS) PER MA
NO. 8059, FILED IN THE OFFICE OF SAID COUNTY RECORDER ON JANUARY 2:
1975: THENCE ALDNG THE BOUNDARY OF SAID MAP THE FbLmWING COURSE!
SOUTH 12"42'13" EAST 42.16 FEET, SOUTH 43'57'30" EAST 111.90 FEE'
SOUTH 78"00'20" EAST 246.47 FEET, NORTH 84'59'17" EAST 81.84 FEE'
NORTH 77"59'501' EAST 424.28 FEET, NORTH 88'34'08" EAST 127.05 FEE'
SOUTH 74'57'58" EAST 333.48 FEET, SOUTH 34'44'56" EAST 89.26 FEET AI
SOUTH 75'09'58" EAST 301.63 FEET TO A POINT IN THE WESTERLY SIDELII
OF ROAD SURVEY NO. 454 (FORMER ALIGNMENT OF RANCHO SANTA FE ROAD
THENCE LEAVING SAID SIDELINE SOUTH 70°54'11" EAST 30.00 FEET TO TI
THE FOLLOWING COURSES: SOUTH 19"05'491' WEST 823.65 FEE'
SOUTHWESTERLY ALONG A TANGENT CURVE CONCAVE NORTHWESTERLY HAVING
RADIUS OF 1,000.00 FEET THROUGH A CENTRAL ANGLE OF 28'31'51''
DISTANCE OF 497.96 FEET, TANGENT TO SAID CURVE SOUTH 47"37t401q WE!
1,564.13 FEET, SOUTHWESTERLY ALONG A TANGENT CURVE CONCAT
SOUTHEASTERLY HAVING A RADIUS OF' 1,000.00 FEET THROUGH A CENTW
ANGLE OF 9'13'20" A DISTANCE OF 160.96 FEET AND TANGENT TO SAID CURT
SOUTH 38'24'20" WEST 320.27 FEET TO THE POINT OF BEGINNING.
ON A NON-TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS (
CENTERLINE OF SAID ROAD SURVEY NO. 454; THENCE ALONG SAID CENTERLII
EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT WHICH LIES SOUTH 38'24'20" WEST 18.83 FEET FR(
THE NORTHEASTERLY TERMINUS OF THAT CERTAIN COURSE IN THE CENTERLII
OF SAID ROAD SURVEY NO. 454 HEREINABOVE DESCRIBED AS "SOUTH 38"24'2(
WEST 320.27 FEET"; THENCE NORTH 51'351409' WEST 63.86 FEET TO THE TRI
POINT OF BEGINNING; SAID POINT OF BEGINNING BEING A POINT ON A CUR1
CONCAVE NORTHERLY HAVING A RADIUS OF 25.00 FEET; A RADIAL LINE C
SAID CURVE TO SAID POINT BEARS SOUTH 51"35'401* EAST; THENCE WESTER1
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 95'19'20" A DISTANCE C
41.59 FEET; THENCE TANGENT TO SAID CURVE NORTH 46"16'20t1 WEST 223.C
&*CAl7- P-3
k/- &&--&% c* = L . 3, LJp T-:"*q . . $- \\.;<ka ~ . * *e 9
-q;, ?<T ' k\w$,:=' e $; ,//&
-/ " e--=-- /'?-- ORDER NO. 961825-
FEET TO A TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 270.
FEET: THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE
83°53g09ti A DISTANCE OF 395.30 FEET: THENCE TANGENT TO SAID CUR
NORTH 37'36'4911 EAST 156.73 FEET TO A TANGENT CURVE CONCAVE WESTER
HAVING A RADIUS OF 530.00 FEET: THENCE NORTHERLY ALONG SAID CUR
THROUGH A CENTRAL ANGLE OF 50'17'41" A DISTANCE OF 465.24 FEE
THENCE TANGENT TO SAID CURVE NORTH 12'40'52" WEST 100.00 FEET TO
TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 270.00 FEET; THEN
NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 17'07'17"
DISTANCE OF 80.68 FEET; THENCE TANGENT TO SAID CURVE, NORTH 4'26'2
EAST 111.47 FEET TO A TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING
RADIUS OF 25.00 FEET; THENCE EASTERLY ALONG SAID CURVE THROUGH
CENTRAL ANGLE OF 95'54'08" A DISTANCE OF 41.85 FEET TO A TANGE
COMPOUND CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 958.00 FEE
THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE
37"13'40" A DISTANCE OF 622.46 FEET; THENCE TANGENT TO SAID COMPOU
CURVE SOUTH 42'25'47" EAST 422.10 FEET TO A TANGENT CURVE CONCA
WESTERLY HAVING A RADIUS OF 25.00 FEET; THENCE SOUTHERLY ALONG SA
CURVE THROUGH A CENTRAL ANGLE OF 9O"OO'OO" A DISTANCE OF 39.27 FEE
THENCE TANGENT TO SAID CURVE SOUTH 47"34'13" WEST 438.00 FEET TO
TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 593.00 kEE
THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE
4'31v09~v A DISTANCE OF 46.77 FEET; THENCE TANGENT TO SAID CURVE SOU
52'05'22" WEST 129.49 FEET TO A TANGENT CURVE CONCAVE SOUTHEASTER
HAVING A RADIUS OF 307.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CUR
THROUGH A CENTRAL ANGLE OF 4°31109fl A DISTANCE OF 24.21 FEET: THEN
TANGENT TO SAID CURVE SOUTH 47'34'13" WEST 167.43 FEET TO A TANGE
CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 1,556.50 FEET: THEN
SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 9"09'53"
DISTANCE OF 250.57 FEET; THENCE TANGENT TO SAID CURVE SOUTH 38"24'2
WEST 35.20 FEET TO THE POINT OF BEGINNING.
ALSO EXCEPTING THEREFROM THAT PORTION LYING WITHIN PARCEL
HEREINABOVE DESCRIBED.
GYALR1t- b 1
1
FORM566 OTCO PRESS
NlNC CONSULTANTS RIG. ENGINEERING COMPANY le CIVIL ENGINEERS
3088 PI0 PIC0 DR. SUITE 202 0 CARLSBAD, CA 92008
TELEPHONE AREA CODE 619 729-4987
JOB NO. LEGAL DESCRIPTION FOR. BY DATE
7928-v PROPOSED DRAINAGE EASEMaENT CHK'D. zc 7/14/86
An easement being a portion of Lot 4, as shown on Map No. 848
said map being on file in the Office of the Coutny Recorder i the County of San Diego, in the State of Cali€ornia, more particu
lary described as follows:
A strip of land being 15.00 feet in width, lying 7.50 feet o each side, measured at right angles and parallel with the follow ing described centerline:
Commencinq at the Southeaset corner of Lot 122 as shown on Ma
No. 8059, said map being on file in the Office of the County Rec order in the County of San Diego, in the State of California
said corner also being on the Westerly right-of-way line o
Rancho Santa Fe Road: thence along said right-of-way line Sout 14O53'53" West 138.61 feet to the TRUE POINT OF BEGINNING; thenc
leaving said right-of-way line South 87°25'39" West 45.00 fzet t
the Point of Termination.
The sidelines of said easement shall be lengthened or shortene
to beqin on said Westerly right-of-way line and to end at righ
angles and passes through the POINT OF TERMINATION.
4
C 0 M P A N Y OESCRlPTlON REVISIONS
BY DATE TITLE co.
REFERENCE ORDER NO. DATE
EXHISIT 3-1 *
I
RICK 8NOIN88RINO CQ
aIVIL mNOINmmR8 8URVmYW8
m - AUN B~A mimar- ST rr, moo olrurrr4ormiwmu
PROJECT m 7920V
PLAT TO ILLUSTRATE
PROPOSED DRAINAGE ES'MT 34R.LI#UNIAM~OAN-W
* EALE I" = 40' 1 DATE 7-(
? 0 0
L 4'
1
1 1
RECORDING REQUESTED BY AND i WHEN RECORDED MAIL TO:
CITY OF CARLSBAD CITY CLERK
1200 Elm Avenue Carlsbad, CA 92008 Space above this line for Recorder's us
SUBORDINATION AGREEMENT
NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO AN ESTATE IN THE REAL PROPERTY TO WHICH YOUR SECURITY INSTRUMENT ATTACHES AND
HAS THE POTENTIAL EFFECT OF REDUCING THE VALUE OF YOUR SECURITY INTEREST.
THIS AGREEMENT, made this 6th day of June
1988 by BCE Development, a Delaware CorDoration owner of the land he
inafter described and hereinafter referred to as llOwner,lt and -
OAK TREE SAVINGS BANK, S.S.B., by mesne assiqnments of record as r:
Instrument 1\70. -88-331499 , recorded JI
records of San Dieqo County , present owner and holder
the deed of trust and not hereinafter described and hereinaf
referred to as IIBenef iciary" ;
WITNESSETH
THAT WHEREAS, La Costa Land Company did execute a deed of tru
dated March 10, 1981, to Title Insurance and Trust Companv as trust
covering real ProPertv described on Exhibit A, attached hereto,
secure a note in the sum of none shown dated March 10, 1981, in fa
of the Trustees of Central Estates, Southeast and Southwest areas E
, a 0
i
sion Fund recorded March 10, 1981, as File No. 81-072862 of Offic.
Records of said county: and
WHEREAS, Owner has executed, or is about to execute, as grant(
a grant of EASEMENT dated Ckcember 18,1987 in favor of the City of Cz
lsbad as grantee herein referred to as "Easement Grantee, Il creating
EASEMENT more particularly described in EXHIBIT g attached hereto; z
WHEREAS, it is a condition precedent to obtaining said EASEMI
that said grant of EASEMENT above mentioned shall unconditionally
and remain at all times a charge upon the land hereinbefore describc
prior and superior to the lien of charge of the deed of trust abc
mentioned: and
WHEREAS, Easement Grantee is willing to accept said EASEM:
provided the grant of EASEMENT is a charge upon the above descril
property prior and superior to the lien or charge of the deed of trl
above mentioned and provided that Beneficiary will specifically q
unconditionally subordinate the lien or charge of the deed of tri
above mentioned to the lien or charge of the EASEMENT created in fay
of Easement Grantee; and
WHEREAS, it is to the mutual benefit of the parties hereto tl
Easement Grantee accept said EASEMENT and Beneficiary is willing t:
the grant of EASEMENT shall, when recorded, constitute a charge u]
said land which is unconditionally prior and superior to the lien
charge of the deed of trust above mentioned.
NOW, THEREFORE, in consideration of the mutual benef
accruing to the parties hereto and other valuable consideration, .
receipt and sufficiency of which consideration is hereby acknowledgl
and in order to induce Easement Grantee to accept said EASEMENT ab1
0 0
4
referred to, it is hereby declared, understood and agreed as follow
1. That said EASEMENT in favor of Easement Grantee sha
unconditionally be and remain at all times a charge on the proper
therein described, prior and superior to the lien or charge of the de
of trust above mentioned.
2. That Easement Grantee would not accept said EASEMENT abc
described without this subordination agreement.
3. That this agreement shall be the whole and only agreeme
with regard to the subordination of the lien or charge of the deed
trust above mentioned to the EASEMENT in favor of Easement Grant
above referred to and shall supersede and cancel, but only insofar
would affect the priority between the deed of trust and EASEMENT hex
inbefore specifically described, any prior agreement as to such subc
dination including, but not limited, those provisions, if an
contained in the deed of trust above mentioned, which provide for t
subordination of the lien or charge thereof to another interest in t
real property therein described.
BENEFICIARY declares, agrees and acknowledges that:
1. He consents to and approved the grant of EASEMENT in fav
of the Easement Grantee.
2. He intentionally and unconditionally waives, relinquish
and subordinates the lien or charge of the deed of trust abc
mentioned to the EASEMENT in favor of Easement Grantee above referr
to and understands that in reliance upon, and in consideration of, th
waiver, relinquishment and subordination of the grant of EASEMENT
being executed and delivered, the EASEMENT is being created, and th
specific monetary and other obligations are being and will be enter
I 0 0
d
into by the Easement Grantee, other lenders and tit1e insura
companies which would not be made or entered into but for said relia
upon the waiver, relinquishment and subordination: and
3. An endorsement has been placed upon the note Securec
the deed of trust above mentioned that said deed of trust has by '
instrument been subordinated to the charge of the EASEMENT in fava
Easement Grantee above referred to* q&&p
BENEFICIARY .,TFmr~(~mKt S*S*B* cf,y CCv-r ;iW\, <
I -- Tulv 6; ma &.$Ea
john F. Taylor, Vice President IT Is RE~~m~~~ T~T, PRIOR TO THE EXECUTION OF TH1S sUBoRDIN'
THERETO
AGREEMENT, TEIE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT
I
}SS.
STATE OF CALIFORNIA Orange 1 COUNM OF
said State, personally appeared
before me, the undersigned, a Notaw Public In and for
, personally known to me (or proved to me 0' the
2 On 11- 6; '988 and
I- : David R* Forrest
s Daniel T. Gray Vice Pres-I
, by-laws or a resolut\on of Its board of directors.
-8
1
I 1-
STATE OF &L/FOP-rc',R
cOmTY OF MOEJ~~ 1 ss.
I
that executed the within instrument, horn to me to be the pers~~xecuted of the
' corporation executed the within instrument therein Pursuant named, to and its by-laws acknowledged or a resolut, to me ~~
instrument on behalf of the corporation
Board of Director-.
Witness mY hand and official seal.
M~ Commission expires:
I' 7
.a -elc a ' 2' 1
&,&;. s $ ,//L
yh *- &%.$
.y.'~;BL:-sril; ""*%&l
5 '< ..-
/* P<--
i -&?.k ,
--\ I..
'p - ORDER NO. 961825-1
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA
COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
PARCEL 1:
THOSE PORTIONS OF LOTS 3, 4, 9 AND 10, OF RANCHO LAS ENCINITAS
ACCORDING TO MAP THEREOF NO. 848, FILED IN THE OFFICE OF THE COUNT
RECORDER OF SAN DIEGO COUNTY, JUNE 27, 1898, ALL BEING IN THE CITY 0 CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA AN
DESCRIBED AS A WHOLE AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SANTA FE RIDGE-UNIT 2, CARLSBAI
TRACT NO. 83-16, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STAT1
OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 10857, FILED IN THI
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 28, 1984
THENCE ALONG THE NORTHERLY BOUNDARY THEREOF NORTH 89 ' 57 1 00" WES'
651.90 FEET: THENCE LEAVING SAID NORTHERLY LINE NORTH 0"03100g1 EAS'
30.00 FEET TO THE BEGINNING OF A NON-TANGENT 30.00 FOOT RADIUS CURV:
CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTl
O'03'OOf1 WEST: THENCE NORTHEASTERLY AND NORTHERLY ALONG THE ARC 01
SAID CURVE THROUGH A CENTRAL ANGLE OF 90'00'0011 A DISTANCE OF 39.7;
FEET: THENCE TANGENT TO SAID CURVE NORTH 0°0310091 EAST 297.21 FEET T(
THE BEGINNING OF A TANGENT 400.00 FOOT RADIUS CURVE CONCAVE EASTERLY;
THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLl
OF 11'0010011 A DISTANCE OF 76.79 FEET: THENCE TANGENT TO SAID CURVI
NORTH 11"03'00" EAST 190.62 FEET TO THE BEGINNING OF A TANGENT 520.0(
FOOT RADIUS CURVE CONCAVE WESTERLY: THENCE NORTHERLY ALONG THE ARC 01
SAID CURVE THROUGH A CENTRAL ANGLE OF 10'3010011 A DISTANCE OF 95.3L
FEET: THENCE TANGENT TO SAID CURVE NORTH 0"3310011 EAST 263.16 FEET:
THENCE SOUTH 89'27'00" EAST 246.97 FEET TO THE BEGINNING OF A TANGEN'I
430.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY: THENCE SOUTHEASTERLl
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 37'30'0011 P
DISTANCE OF 281.43 FEET: THENCE TANGENT TO SAID CURVE SOUTH 51'57t0011
EAST 383.93 FEET TO THE BEGINNING OF A TANGENT 270.00 FOOT RADIUS
CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG THE ARC 01 SAID CURVE THROUGH A CENTRAL ANGLE OF 31'13'30" A DISTANCE OF 147.14
FEET: THENCE TANGENT TO SAID CURVE SOUTH 83°1013011 EAST 561.16 FEET
TO THE BEGINNING OF A TANGENT 355.00 FOOT RADIUS CURVE CONCAVE
SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 64°1015611 A DISTANCE OF 397.65 FEET:
THENCE NORTH 50°5013611 EAST 84.65 FEET: THENCE NORTH 40°3414411 EAST
91.04 FEET; THENCE SOUTH 43°4715911 EAST 52.26 FEET; THENCE SOUTH
75°2714011 EAST 671.17 FEET: THENCE SOUTH 70°5411511 EAST 52.55 FEET TC
A POINT IN THE WESTERLY BOUNDARY OF PARCEL MAP NO. 13970: THENCE
THENCE NON-TANGENT TO SAID CURVE NORTH 71"00'1611 EAST 48.51 FEET:
GXrkrAlT 4-1
*. 'C 0 +' 7 p?". #&,"--..*<-;; -*: 4::<... t :*
=i+A '-?-
b 3Y\&F" / 'i ,//E
/ b".--
-c ',' ORDER NO. 961825-1
ALONG SAID BOUNDARY SOUTH 19"05'45" WEST 94.36 FEET TO THE BEGINNIP
OF A TANGENT 1000.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY: THENC
SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE C
28O31'51" A DISTANCE OF 497.96 FEET: THENCE CONTINUING ALONG SA1
BOUNDARY AND THE SOUTHWESTERLY PROLONGATION THEREOF SOUTU 47"37'36
WEST 684.35 FEET TO THE MOST NORTHERLY CORNER OF CARLSBAD TRACT NC
81-16 (VISTA SANTA FE, UNIT NO. 4), IN THE CITY OF CARLSBAD, COUNT
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NC
11140, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEG
COUNTY, FEBRUARY 12, 1985: THENCE ALONG SAID BOUNDARY CONTINUIh
SOUTH 47'37'36" WEST 879.78 FEET TO THE BEGINNING OF A TANGEh
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 9'13'20" DISTANCE OF 160.96 FEET: THENCE TANGENT TO SAID CURVE SOUTH 38'24'16
WEST 320.36 FEET (RECORD SOUTH 38"24'20" WEST 320.27 FEET PER MAP NC
10856) TO THE MOST EASTERLY CORNER OF SANTA FE RIDGE-UNIT 1, CARLSBk
TRACT NO. 83-16, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STAT
OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 10856, FILED IN TH
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 28, 1984
THENCE LEAVING THE BOUNDARY OF SAID MAP NO. 11140 AND ALONG TH
BOUNDARY OF SAID MAP NO. 10856 NORTH 51"35'40" WEST 61.00 FEE?
THENCE NORTH 65'28'00" WEST 348.38 FEET; THENCE NORTH 28°12'0011 WES
224.02 FEET: THENCE TO AND ALONG THE AFOREMENTIONED BOUNDARY OF MI
NO. 10857, NORTH 07'OOt0Ot1 WEST 570.00 FEET: THENCE CONTINUING ALON
SAID BOUNDARY OF MAP NO. 10857 NORTH 58"56100" EAST 330.00 FEET THENCE NORTH 13 O 05 t 00" EAST 140.00 FEET: THENCE NORTH 18 '27 tOO11 WEE
440.50 FEET: THENCE NORTH 0'03100t1 EAST 54.00 FEET TO THE POINT C
BEGINNING.
PARCEL 2:
1000,OO FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY: THENCE SOUTHWESTER1
THAT PORTION OF LOTS 3, 4, 9 AND 10 OF RANCHO US ENCINITAS, IN TH
CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, PER MA
NO. 848, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY 0
JUNE 27, 1898, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEASTERLY TERMINUS OF THAT CERTAIN COURSE IN TH
EASTERLY BOUNDARY OF THE AMENDED MAP OF SANTA FE RIDGE - UNIT 1, PE
MAP NO. 11018 FILED IN THE OFFICE OF SAID COUNTY RECORDER ON AUGUS
14, 1984, SHOWN ON SAID MAP AS "N. 51'35'4Ot8 W. 61.00"*; THENCE SA1
EASTERLY BOUNDARY THE FOLLOWING COURSES : NORTH 51 O 35 t 40" WEST 61.0
FEET, NORTH 65'28'00" WEST 348.38 FEET, NORTH 28'12'00" WEST 224.0
FEET AND NORTH 7"OO'OO" WEST 223.06 FEET TO THE SOUTHEASTERLY CORNE
OF THE AMENDED MAP OF SANTA FE RIDGE UNIT 2 PER MAP NO. 11019, FILE
ALONG THE EASTERLY AND NORTHERLY BOUNDARY OF SAID MAP THE FOLLOWIN
COURSES : NORTH 7"OO'OO" WEST 346.94 FEET, NORTH 58"56'00" EAS
330.00 FEET, NORTH 13°05100t1 EAST 140.00 FEET, NORTH 18'27'00" WES
440.50 FEET, NORTH O"03'00" EAST 54.00 FEET AND NORTH 89'57'00" WES
651.73 FEET; THENCE LEAVING SAID BOUNDARY, NORTH 0°03100tt EAST 30.0
IN THE OFFICE OF SAID COUNTY RECORDER ON AUGUST 14, 1984; THENC
EX&mf A-s
.a --'lc 0 e5 ' 4
/&"/&& '4 $,&*
3h&%Y --, c ;**&Lg
y &%%+
1 >7&7
/- kp. ORDER NO. 961825-3
FEET TO A POINT ON A LINE WHICH IS PARALLEL WITH AND 30.00 FEI
NORTHERLY MEASURED AT RIGHT ANGLES FROM THE NORTHERLY BOUNDARY C
SAID MAP NO. 11019; THENCE ALONG SAID PARALLEL LINE SOUTH 89'57'0(
EAST 654.57 FEET: THENCE NORTH 0"0310011 EAST 265.00 FEET: THENC
NORTH 89°0t001t EAST 87.00 FEET: THENCE NORTH 58"49I3Ott EAST 50.0
FEET; THENCE NORTH 26'47*0Ott EAST 165.00 FEET: THENCE NORTH 10'17'00
EAST 111.00 FEET: THENCE NORTH 32'54'55" EAST 60.00 FEET TO A POIN
ON A NON-TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS C
270.00 FEET: A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS SOUT
32 ' 54 t55I1 WEST: THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH
26°00t001t EAST 40.00 FEET; THENCE NORTH 14"18100t1 EAST 55.00 FEE2
THENCE NORTH 15'48t0011 EAST 85.00 FEET; THENCE NORTH 22'03100t1 EAS
215.00 FEET: THENCE NORTH 33"18t00vt EAST 90.00 FEET: THENCE NOR?
53'23'35" EAST 102.20 FEET TO A POINT ON A NON-TANGENT CURVE CONCAF
NORTHEASTERLY HAVING A RADIUS OF 330.00 FEET: A RADIAL LINE OF SA1
CURVE TO SAID POINT BEARS SOUTH 69'OO10Ott WEST: THENCE NORTHERL
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 9'18'00" A DISTANCE 0
53.56 FEET: THENCE NORTH 78'18100t1 EAST 189.89 FEET TO A POINT IN TH
WESTERLY BOUNDARY OF CARLSBAD TRACT NO. 73-2 (SANTA FE GLENS) PER MA
NO. 8059, FILED IN THE OFFICE OF SAID COUNTY RECORDER ON JANUARY 22
1975; THENCE ALONG THE BOUNDARY OF SAID MAP THE FOLLOWING COURSES
SOUTH 12'42'13" EAST 42.16 FEET, SOUTH 43"57'30" EAST 111.90 FEET
SOUTH 78'00'20" EAST 246.47 FEET, NORTH 84'59'17" EAST 81.84 FEET
NORTH 77'59'50" EAST 424.28 FEET, NORTH 88'34'08" EAST 127.05 FEET
SOUTH 74'57'58" EAST 333.48 FEET, SOUTH 34'44'56" EAST 89.26 FEET AN
SOUTH 75'09'58" EAST 301.63 FEET TO A POINT IN THE WESTERLY SIDELIN
OF ROAD SURVEY NO. 454 (FORMER ALIGNMENT OF RANCHO SANTA FE ROAD)
THENCE LEAVING SAID SIDELINE SOUTH 7O054'1lt' EAST 30.00 FEET TO TH
CENTERLINE OF SAID ROAD SURVEY NO. 454: THENCE ALONG SAID CENTERLIN
THE FOLLOWING COURSES : SOUTH 19 ' 05 I49" WEST 823.65 FEET
SOUTHWESTERLY ALONG A TANGENT CURVE CONCAVE NORTHWESTERLY HAVING
RADIUS OF 1,000.00 FEET THROUGH A CENTRAL ANGLE OF 28'31'51"
DISTANCE OF 497.96 FEET, TANGENT TO SAID CURVE SOUTH 47'37'40" WES
1,564.13 FEET, SOUTHWESTERLY ALONG A TANGENT CURVE CONCAV
SOUTHEASTERLY HAVING A RADIUS OF 1,000.00 FEET THROUGH A CENTRA
ANGLE OF 9'13820" A DISTANCE OF 160.96 FEET AND TANGENT TO SAID CURV
SOUTH 38'24'20" WEST 320.27 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT WHICH LIES SOUTH 38'24'20" WEST 18.83 FEET FRO;
THE NORTHEASTERLY TERMINUS OF THAT CERTAIN COURSE IN THE CENTERLIN
OF SAID ROAD SURVEY NO. 454 HEREINABOVE DESCRIBED AS "SOUTH 38'24'20
WEST 320.27 FEET"; THENCE NORTH 51'35'40" WEST 63.86 FEET TO THE TRU
POINT OF BEGINNING: SAID POINT OF BEGINNING BEING A POINT ON A CURV
CONCAVE NORTHERLY HAVING A RADIUS OF 25.00 FEET: A RADIAL LINE 0
SAID CURVE TO SAID POINT BEARS SOUTH 51'35'401* EAST: THENCE WESTERL
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 95'19t2011 A DISTANCE 0
41.59 FEET: THENCE TANGENT TO SAID CURVE NORTH 46"16'20f1 WEST 223.6
CENTRAL ANGLE OF 6'54*55" A DISTANCE OF 32.59 FEET: THENCE NOR?
Exr&cAfT 4-3
L
a. a 'pI.fl-- ? ..$
*#&>--4L..~.; c ';; N\..&k ' * =:*<;* _.
i k?,*,? $1 ,//d P 2-- -, / , ORDER NO. 961825-1
FEET TO A TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 270.(
FEET; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE (
83°53'0911 A DISTANCE OF 395.30 FEET: THENCE TANGENT TO SAID CUR1 NORTH 37'36'49'' EAST 156.73 FEET TO A TANGENT CURVE CONCAVE WESTER1
HAVING A RADIUS OF 530.00 FEET; THENCE NORTHERLY ALONG SAID CURJ
THROUGH A CENTRAL ANGL;E OF 50"17'41t' A DISTANCE OF 465.24 FEE'I THENCE TANGENT TO SAID CURVE NORTH 12'40'52" WEST 100.00 FEET TO
TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 270.00 FEET; THENC
NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 17'07'17't
EAST 111.47 FEET TO A TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING
CENTRAL ANGLE OF 95'54'08" A DISTANCE OF 41.85 FEET TO A TANGEb
COMPOUND CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 958.00 FEE7
THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE C
37"13'40'' A DISTANCE OF 622.46 FEET; THENCE TANGENT TO SAID COMPOUh
CURVE SOUTH 42'25'47" EAST 422.10 FEET TO A TANGENT CURVE CONCAt
WESTERLY HAVING A RADIUS OF 25.00 FEET; THENCE SOUTHERLY ALONG SA1 CURVE THROUGH A CENTRAL ANGLE OF 90'00'00" A DISTANCE OF 39.27 FEET
THENCE TANGENT TO SAID CURVE SOUTH 47"34'13" WEST 438.00 FEET TO
TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 593.00 k'EE'J
THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE C
4°31t091t A DISTANCE OF 46.77 FEET: THENCE TANGENT TO SAID CURVE SOU1
52'05'22" WEST 129.49 FEET TO A TANGENT CURVE CONCAVE SOUTHEASTERL
HAVING A RADIUS OF 307.00 FEET: THENCE SOUTKWESTERLY ALONG SAID CURV
THROUGH A CENTRAL ANGLE OF 4'31t09tt A DISTANCE OF 24.21 FEET; THENC
TANGENT TO SAID CURVE SOUTH 47'34'13" WEST 167.43 FEET TO A TANGEN
CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 1,556.50 FEET; THENC
SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 9"09'53''
DISTANCE OF 250.57 FEET: THENCE TANGENT TO SAID CURVE SOUTH 38'24'20
WEST 35.20 FEET TO THE POINT OF BEGINNING.
ALSO EXCEPTING THEREFROM THAT PORTION LYING WITHIN PARCEL
HEREINABOVE DESCRIBED.
DISTANCE OF 80.68 FEET: THENCE TANGENT TO SAID CURVE, NORTH 4'26'2E
RADIUS OF 25.00 FEET; THENCE EASTERLY ALONG SAID CURVE THROUGH
Exhat IQ-4
3
8
FORM 468 DAWCO PRESS R 1 a EN G I N E E R I N G CO M PAN Y !&'!'!&%YkK'Z
3088 PI0 PIC0 DR. SUITE 202 0 CARLSBAD, CA 92008
TELEPHONE AREA CODE 619 729-4987
BY DATE JOB NO. LEGAL DESCRIPTION FOR.
7928-V PROPOSED DRAINAGE EASEMENT CHK'D. zc 7/14/86
An easement being a portion of Lot 4, as shown on Map NO. 848
the County of San Diego, in the State of California, more particu
lary described as follows:
said map being on file in the Office of the Coutny Recorder i
A strip of land being 15.00 feet in width, lying 7.50 feet o
each side, measured at right angles and parallel with the follow
ing described centerline:
Commencinq at the Southeaset corner of Lot 122 as shown on Ma No. 8059, said map being on file in the Office of the County Rec order in the County of San Diego, in the State of California said corner also being on the Westerly right-of-way line o Rancho Santa Fe Road; thence along said right-of-way line Sout 14'53'53'' West 138.61 feet to t'he TRUE POINT OF BEGINNING; thenc
leaving said right-of-way line South 87'25'39" West 45.00 feet t the Point of Termination.
The sidelines of said easement shall be lengthened or shortene to beqin on said Westerly right-of-way line and to end at righ
angles and passes through the POINT OF TERMINATION,
//&?+ c r/ ,.- --a L$
A-J ;? cj 31. c' 3. L. G 'b' ,g-:,-, c \\ I<
EL*. ;;.-z; -9.3 <+\- / Q'., .-x AWL OF c,t,Liq /
~ ~ ~~~~~ ~
COMPANY DESCRIPTION REVISIONS
BY DATE TITLE CO.
REFERENCE ORDERNO. DATE
-
EXHIBIT B-1
L
RICK 8NOIN88RINO CO
e)lVIL INOINRRR8*8URVRVOPI8 * I PLAT TO ILLUSTRATE
-u P" AM -UA oimni~~~ .1~ LIO nm ~-AO.M mimms-aa
PFWECT ~WVEER 7928V
SCALE I" = 40'
PROPOSED DRAINAGE ES'MT 51R Rm -A C. RM -o*
+ I DATE 7-a
A e
J RECORDING REQUESTED BY:
CITY OF CARLSBAD
AFTER RECORDING RETURN TO:
CITY OF CARLSBAD CITY CLERK
1200 ELM AVENUE
CARLSBAD, CA. 92008
U
PD - 258
GRANT OF EASEMEINT A.P.# 223-060-L
FOR
STORM DRAIN FACILITIES
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledge
the undersigned, LEISURE TECHNOLOGY CORP. OF OCEANSIDE, a California
Corporation, does hereby Grant to CITY OF CARLSBAD , a municipal
Corporation, its successors or assigns, a perpetual easement for, an
the right to construct, reconstruct,repair replace operate, maintain
and use Storm Drain Facilities and appurtenances and appurtenant WOI
in, on, under and across that certain real property situate in the City of Carlsbad, County of San Diego, State of California, and more
particularly described as follows:
See Exhibit "A" attached hereto and made a part hereof, for legal
description.
together with the right to enter upon, and to pass and repass, Overt
along, and beside said easement and to deposit tools, implements and
other materials thereon whenever and wherever necessary for the purp
above set forth.
-I WITNESS,. ............ CLIr .......... hand ........... this.l.,.dayof.~~~~.19.8.1
LEISURE TECHNOLOGY CORP OF
OCEANS IDE
BY:
BY:
STATE OF CALIFORNIA
COUNTY OF
- - - -- J-L- ---Jaycimned- a Notary Public in
I Iss. . . . . . . . . .
I ation that
e before me, the undersigned, a Notary Public in and for persons wh
1 therein .ed the wit
loard of
. . . . . . . . .
Sua0 STATE OF CALIFORNIA
COUNTY OF
June 17, 1988 d
Q) z On
5 said State. Personally appeared Joseph A. Gallaqher u E" 2 ' EX '' 5: ' Technology COrp. Of Oceanside
f!g *******e**********.***** 8 F the corporation therein named, and acknowledged to me tha ' ' suchcorPoratlOnexecuted thewithin instrumentpursuanttoIt 05
I by-laws or a resolution of its board of directors.
and
I Personally known to me (or proved to me on the Valerie A. Williams
basis Of satisfactoV evidence) to be the persons who executed the within instrument as
President an-secretav, on behalf of Leisure
!f icial -
oFFIC;AL sEAL * t SHERRY A. SPINA t
NOTARY PUBLIC-CALIFORNIA t
SAN D:%I COUNTY i NOTARY BONO FILED IN *
t My CommiWo~ Expires November 2, 1990 * ....................................
I- (This area for official notarial seal) rsaid
'
$
FORM 468 OAWCO PRESS
ING CONSULTANTS Race ENGINEERING COMPANY I@ CIVIL ENGINEERS
3088 PI0 PIC0 DR. 0 SUITE 202 0 CARLSBAD, CA 92008
TELEPHONE AREA CODE 619 0 729-4987
BY . DATE JOB NO. LEGAL DESCRIPTION FOR JLY
7328-R PROPOSED DRAINAGE EASEMENT CHK'D. ' 11-e-85
An easement being a portion of Parcel 1 as shown on Parcel Mal
No. 13524, on file in-the Office of the County Recorder, in thc
County of San Diego, State of California, more particularly de-
scribed as follows:
A strip of land 15.00 feet in width, lying 7.50 feet on eacl side, measured at right angles and parallel with the followin5
described centerline:
Commencing at the Northwest corner of said Parcel Map; thencc
along the Northerly boundary of said Parcel Map South 63"38'35'
East 47.03 feet to a point on a non-tangent 1437.00 foot radiu:
curve concave Southeasterly, a radial line to said point -bear:
North 63"40'16" West, said point also being on the Easterly right- of-way of Rancho Santa Fe Road as shown on said Parcel Map;
thence leaving said Northerly boundary along said Easterly right- of-way along the arc of said curve through a central angle ol
l"52'06" a distance of 46.86 feet to the TRUE POINT OF BEGINNING;
thence leaving said Easterly right-of-way South 35"48 '41" East
75.00 feet to the POINT OF TERMINATION.
The sidelines of said easement shall be lengthened or shortenec to begin on said 1437.00 foot radius curve and pass through thc
TRUE POINT OF BEGINNING and to terminate at right angles througt the POINT OF TERMINATION.
,I
REVISIONS ' COMPANY ' DESCRIPTION
BY DATE TITLE to.
REFERENCE ORDER NO. DATE
EXFIIBIT A-1
L RICK ENGINEERING CO PLANNERS-CIVIL ENGINEERS-LAND !
1620 FRIARS ROAD SAN DIEGO, CA. SAN DIEQO-(tl4) 291-0707 3088 PI0 PIC0 DRIVE,SUITE 202,CL CA.92008 CARLSBAD-(7 14) 729-41
366 So. RANCHO SAHTA FE ROAD,SAI CA.92069
PLAT 7-0 /LLffSTUAT€
DRAINAGE EAS€M€W
SCALE: 1'5 50'1 DATE : IiD8*fi5] Pm
" 0 e \
CERTIFICATION FOR ACCEPTANCE OF DEED
This is to certify that the interest in real property
conveyed by the deed or grant dated June 17, 1988
from Leisure Technology Corp. of Oceanside
to the City of Carlsbad, California, a municipal corporation,
is hereby accepted by the City Council of the City of Carlsbad,
California pursuant to resolution No. 88-306 , adopted
on August 23, 1988 , and the grantee consents to the
recordation thereof by its duly authorized officer.
DATED: August 24, 1988 I
By : &%
ALETHA L. 'RAUTENKRANZ, City Clerk
t VD BY: 0 - RECORDING REQUE I.
*. CITY OF CARLSBAD
WHEN RECORDED MAIL TO:
CzTy O? C&&SEaD CITY CLERK
1200 ZlrA Avenue
Carlsbad, CA 92008
Space Above This Line For Record
SUBORDINATION AGREEMENT
NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN
YOUR SECURITY INTEREST IN THE PROPERTY
BECOMING SUBJECT TO AN ESTATE IN THE
REAL PROPERTY TO WHICII YOUR SECURITY
INSTRUMENT ATTACIIES AND HAS TIIE POTENTIAL
EFFECT OF WDUCING THE VALUE OF YOUR
SECURITY INTEREST.
THIS AGREEMENT, made this 17th day of JU-E
by LEISURE TECHNOLOGY CORP. OF OCEANSIDE, a California Corporatic
owner of the land hereinafter described and hereinafter referre
. as "Owner," and PARK 17TEW WEST, A Jo$nt Venture Comprised of
CHRISTOPHER HOMES DEVELOPMENT, A Calitornia tieneral Partnersnip, a1
EQUITY PARTNERS, a California Corporation - present owner and h
of the deed of trust and note hereinafter described and hereina
referred to as "Beneficiary";
WITNESSETH
THAT WHEREAS, Owner
did execute a deed of tru<
to First American Title April 8,1988 I
Insurance Company, a California Corpyra&wuStee, covering
Parcel 1 of Parcel Map 13524, in the City
of Carlsbad, County of San Diego, State of
California, filed in the office of the County
Recorder of SAn Diego County, October 25, 1984, as File No. 84-403293 of Official Records.
- to secure a note in the sum of $ 223,000.00 , dated
ADril 8, 1988 , in favor Of PARK VIEW WEST, A Joint Ver
C &&rd m rise pAcEHHE sz 8 8 ! qi ~~~~~~~~VE~e~~~T6r~i~a~~hB~P~~iSBn~~a~~~i , i'n 00
Official Record8 of said county; and
Page AP 1 I
I
WHEREAS, Owner has executed, or is about to execute, s
grantor, a grant of easement dated dune 17, 1988
0 0 *.
*/
in favor of THE CITY OF CARLSBAD
as grantee herein referred to as "Easement Grantee," creating I
easement more particularly described in Exhibit "A" attached hc
and
WHEREAS, it is a condition precedent to obtaining sa.
easement that said grant of easement above mentioned shall uncc
ditionally be and remain at all times a charge upon the land hc
before described, prior and superior to the lien or charge of
deed of trust above mentioned; and
WHEREAS, Easement Grantee is willing to accept said t
ment provided the grant of easement is a charge upon the above
described property prior and superior to the lien or charge of
deed of trust above mentioned and provided that Beneficiary wi.
specifically and unconditionally subordinate the lien or chargt
of the deed of trust above mentioned to the lien or charge of i
easement created in favor of Easement Grantee: arid
WHEREAS, it is to the mutual benefit of the parties 1
that Easement Grantee accept said easement and Beneficiary is
willing that the grant of easement shall, when recorded, const:
a charge upon said land which is unconditionally prior and supt
to the lien or charge of the deed of trust above mentioned.
NOW, THEREFORE, in consideration of the mutual benef:
accruing to the parties hereto and other valuable consideratioi
receipt and sufficiency of which consideration is hereby acknot
and in order to induce Easement Grantee to accept said easemeni
referred to, it is hereby declared, understood and agreed as
follows :
(1) That said easement in favor of Easement
Grantee shall unconditionally be and remain
at all times a charge on the property therein
described, prior and superior to the lien or
charge of the deed of trust above mentioned. 1
-2-
. 0 .- e
4 (2) That Easement Grantee would not accept said easemenl
above described without this subordination agreemen
That this agreement shall be the whole and only
agreement with regard to the subordination of the
lien or charge of the deed of trust above
mentioned to the easement in favor of Easement
Grantee above referred to and shall supersede
and cancel, but only insofar as would affect the
priority between the deed of trust and easement
hereinbefore specifically described, any prior
agreement as to such subordination including, but
not limited, those provisions, if any, contained
in the deed of trust above mentioned, which
provide for the subordination of the lien or charge
thereof to another interest in the real property
therein described.
(3)
Beneficiary declares, agrees and acknowledges that
He consents to and approves the grant of
easement in favor of the Easement Grantee.
(a)
(b) He intentionally and unconditionally waives,
relinquishes and subordinates the lien or
charge of the deed of trust above mentioned
to the easement in favor of Easement Grantee
above referred to and understands that in relia
upon, and in consideration of, this waiver,
relinquishment and subordination the grant
of easement is being executed and delivered,
the easement is being created, and that specifi
monetary and other obligations are being
I
-3-
1
' 1.' ,r 'e
M.
and will be entered into by the Easement
Grantee, other lenders and title insurance
companies which.would not be made or
entered into but for said reliance upon
this waiver, relinquishment and subordina- .
tion; and
(c) An indorsement has been placed upon the note
secured by the deed of trust above mentioned
that said deed of trust has by this instrument
been subordinated to the charge of the ease-
ment in favor of Easement Grantee above referrel
to.
PARK VIEW WEST A JOINT LEISURE TECHNOLOGY CORP. OF
VENTURE OCEANSIDE, A California Cor1
1
an Dieao JSS.
d )
q before me, the undersigned, a Notary Public in and for Marquis L. CUmmingS and . Personally known to me (or proved to me on the
STATE OF CALIFORNIA y COUNTYOF i on July 1, 1988
ij E 2 ' eb
-0 iiE .- 5: Christopher Homes Inc.
mo
& 5 g z 05
I
G , Secretary P 'p
said State, personally appeared .-
basis Of satisfactory evidence) to be the persons who executed the within instrument as
ViCe President andpsecretaw, on behalf of -
the corporation therein named, and acknowledged to me that
s~chcorPoration executed thewithin instrumentpumuantto its
by-laws or a resolution of its board of directors.
WITNESS my hand and official seal.
( 2-J'Qh
(u ? 0 -
/' 7. m Siqature / Vhis area for official notarial seal)
president and Secretary, On behalf Of Leisure
IO s4 oi3hJTflkkz2 s p basis of satisfactory evidence) to be the persons who eXeCUfeD 1ne W~mlrl NIWUI'I~'~~ a= Eb iiE eoo Technology Corp. of Oceanside .= m **
mo 5 2 the corporation therein named, and acknowledged to me that t OFFfCIAL SEAL t
95 SHERRY A. SPINA 8 0 ,,, suchcorporationexecutedthewithin instrument PUrsuanttoits t 25 NOTARY PUBLLC-CALIFORNIA $ * l by-laws or a resolution of its board of directors. NOTARY BONO FILED IN t * - N SAN DlEGO CWNW
-0 ........................
e WITNESS my ha , d official Seal. * ission Expires November 2. I990 $ t****+****************************** and for said
mown to me
vn to me to
rho executed
LAIC wicriin insrrument on behalf of said corporation and acknowledged to me that such
corporation executed the within instrument pursuant to its By-laws or a Resolution of
its Board of Directors; said corporation being known to me to be a joint venturer of
, a joint venture, the joint venture that executed the within instrument, and acknowledged to me that such corporation executed
the same individually and as such joint venturer and that such joint venture executed the
same.
WITNESS my hand and official seal.
rhis area for official notarial seal) 5 @l 0 9 Signature dLdcL
1 ! corporation
PARK VIEW WEST
r r '/ ,' 5 i /w 1 , ~ C!-.! J-LC 5- 1, +uc ,<A . 7b.j- id-$d
Notary Public in and for sajid County and State.
.4
run^ *or YAWLU rncz:, -
NlNC CONSULTANTS RIG, ENGINEERING' COMPANY I @ CIVIL ENGINEERS
3088 PI0 PIC0 DR. 0 SUITE 202 0 CARLSBAD, CA 92008
TELEPHONE AREA CODE 619 729-4987
BY DATE JLY JOB NO LEGAL DESCRIPTION FOR
7328-R PROPOSED DRAINAGE EASEi'IEi'JT CHK'D. 11-e-85
An easement being a portion of Parcel 1 as shown on Parcel Mal
No. 13524, on file in the Office of the County Recorder, in thf
County of San Diego, State of California, more particularly de-
scribed as follows:
A strip of land 15.00 feet in width, lying 7.50 feet on eacf
side, measured at right angles and parallel with the followin?
described centerline:
Commencing at the Northwest corner of said Parcel Map; thenct along the Northerly boundary of said Parcel Map South 63'38'35' East 47.03 feet to a point on a non-tangent 1437.00 foot radiu!
curve concave Southeasterly, a radial line to said point bear:
North 63'40'16" West, said point also being on the Easterly right- of-way of Rancho Santa Fe Road as shown on said Parcel Map,
thence leaving said Northerly boundary along said Easterly right-
of-way along the arc of said curve through a central angle ol 1'52'06" a distance of 46.86 feet to the TRUE POINT OF BEGINNING, thence leaving said Easterly right-of-way South 35'48 '41" Easi 75.00 feet to the POINT OF TERMINATION.
The sidelines of said easement shall be lengthened or shortenec:
to begin on said 1437.00 foot radius curve and pass through thc
TRUE POINT OF BEGINNING and to terminate at right angles througf the POINT OF TERMINATION. >
REVISIONS ' COMPANY , , ' DESCRIPTION
BY DATE TITLE co.
REFERENCE ORDERNO. DATE
EXHIBIT P--l
q
PhA NO, 12586 ------ N &o/m2" w rnDfG4LC)
N65* 32'22" W -------
PM NO, 13524
PARCEL 1
I(
r:?
E6iE.D
I/NL €55 OTN€RW/E M7ED (
[
ML? . . . . . . . . K4DIAL B€AK/N6
2 ...... /ND/GA?ES DATA PER PM ND. fiSZ4,
] ....... IN'/CATES DATA ER PM NO. I2586
-- VICINITY MAP
>
RICK ENGINEERING CC PLAN NERS-C IV IL E Nal NEER 8- LAND
5620 FRIARS ROAD SAN DIEGO, CA SAN DIE00-(714) 291-0707 3088 PI0 PIC0 DRIVE,SUITE 202.C
CA.92008 CARLSBAO-(fl4) 729-4
CA.02069
PLAT TO /LLffSTRA?Z
DKUIAGE EAS€M€NT
36s So. RANCHO SANTA FE ROAD,SA
SCALE I'G so'l DATE : //-8-t33 2
WD BY: 0 . ' *__ EECORDING REQUE
CITY OF CARLSBAD X#
WHEN RECORDED MAIL TO:
CITY OF CARLSBAD CITY CLERK
1200 Elm Avenue
Carlsbad, CA 92008
Space Above This Line For Record
SUBORDINATION AGREEMENT
NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN
YOUR SECURITY INTEREST IN THE PROPERTY
BECOMING SUBJECT TO AN ESTATE IN THE
REAL PROPERTY TO WIIICII YOUR SECURITY
INSTRUMENT ATTACIIES AND HAS THE POTENTIAL
EFFECT OF REDUCING THE VALUE OF YOUR
SECURITY INTEREST.
THIS AGREEMENT, made this 17th day of June
by T.EISURE TECHNOLOGY CORP. OF OCEANSIDE, a California Corporatior
owner of the land hereinafter described and hereinafter referre
. as "Owner, " and CITICORP REAL ESTATE, INC. , a Delaware Corporatic
present owner and h * b As ignment recorded 4-8-88 file/page No. 88-163797 of xhe aeed of trust and note hereinafter described and hereina
referred to as "Beneficiary";
-
WITNESSETH
THAT WHEREAS, Owner
did execute a deed of tru
toFirst American Title 1 t April 8, 1988
Company, a California Corporation , as trustee, covering
Parcel 1 of Parcel Map 13524, in the City of Carlsbad, County of San Diego, State of
California, filed in the office of the County
Recorder of San Diego County, October 25, 1984,
as File No. 84-403293 of Official Records.
- to secure a note in the sum of $ 2,445,486.90 , dated
April 8, 1988 , in favor of BCE DEVELOPMENT INC. , a Del
f &fme~l~ok~ow~o~~aD~o~dc~~p~~~ f0% ff 1 $?i& $go'% ",%e! v$$8gcf'&$ Bf' Rpr!?? 8, 1 88 page 85-16375
Official Recorda of said county: and
ra tiO
t i'n boo%
, WHEREAS, Owner has executed, or is about to execute, i
grantor, a grant of easement dated June 17, 1988
0 0
A
THE CITY OF CARLSBAD in favor of
as grantee herein referred to as "Easement Grantee," creating l
easement more particularly described in Exhibit "A" attached hl
and
WHEREAS, it is a condition precedent to obtaining sa
easement that said grant of easement above mentioned shall uncl
ditionally be and remain at all times a charge upon the land h
before described, prior and superior to the lien or charge of
deed of trust above mentioned; and
WHEREAS, Easement Grantee is willing to accept said
ment provided the grant of easement is a charge upon the above
described property prior and superior to the lien or charge of
deed of trust above mentioned and provided that Beneficiary wi.
specifically and unconditionally subordinate the lien or chargc
of the deed of trust above mentioned to the lien or charge of 4
easement created in favor of Easement Grantee; arid
WHEREAS, it is to the mutual benefit of the parties 1
that Easement Grantee accept said easement and Beneficiary is
willing that the grant of easement shall, when recorded, const.
a charge upon said land which is unconditionally prior and supc
to the lien or charge of the deed of trust above mentioned.
NOW, THEREFORE, in consideration of the mutual benef.
accruing to the parties hereto and other valuable consideratioi
receipt and sufficiency of which consideration is hereby acknoi
and in order to induce Easement Grantee to accept said easement
referred to, it is hereby declared, understood and agreed as
follows :
(1) That said easement in favor of Easement
Grantee shall unconditionally be and remain
at all times a charge on the property therein
described, prior and superior to the lien or
charge of the deed of trust above mentioned. I
-2-
0 0 .-
i (2) That Easement Grantee would not accept said easemen
above described without this subordination agreemen
(31 That this agreement shall be the whole and only
agreement with regard to the subordination of the
lien or charge of the deed of trust above
mentioned to the easement in favor of Easement
Grantee above referred to and shall supersede
and cancel, but only insofar as would affect the
priority between the deed of trust and easement
hereinbefore specifically described, any prior
agreement as to such subordination including, but
not limited, those provisions, if any, contained
in the deed of trust above mentioned, which
provide for the subordination of the lien or charge
therqof to another interest in the real property
therein described.
Beneficiary declares, agrees and acknowledges that
(a) He consents to and approves the grant of
easement in favor of the Easement Grantee.
(b) He intentionally and unconditionally waives,
relinquishes and subordinates the lien or
charge of the deed of trust above mentioned
to the easement in favor of Easement Grantee
above referred to and understands that in reli
upon, and in consideration of, this waiver,
relinquishment and subordination the grant
of easement is being executed and delivered,
the easement is being created, and that specif.
monetary and other obligations are being
I
-3-
'e
,,- '. .-
Y i, and will be entered into by the Easement
Granteer other lenders and title insurance.
companies which.woUld not be made Or
entered into but for Said reliance upon
ais waiver, relinquishment and subordina- '
tion: and
~n indorsement has been Placed Won the note
secured by the deed of trust above mentioned
that said deed of trust has by this instrumen'
(,..I
been subordinated to the charge of the ease-
ment in favor of Easement Grantee above referrec
to.
LEISURE TECHNOLOGY CORE'. OF ~--~.~-~~- - ---I 2 c----- J - ------ CITTCORP REAL ESTATE, INC-' a Delaware cormration
Stateof ra\\iGorni k
&.Qe fY\cSS;nL
the undersig&j Notary Public, personally appeared
AL Leeun13 h
q personally known to me
01 on behalf of the corporation th
named, and acknowledged to me that the Corporation executed it.
WITNESS my hand and official seal.
Notary's Sig nah re
0 -a
Valerie A. Williams, Secretary
STATE OF CALIFORNI~
@ couNTY OF I ------- 'an Diego ~ E On June17t 1988 's SaidState,~ers~na~~y appeared JOS~~. Gallagher E" -- Valeri@ A. Wms
U) m t @ 2 i3
$: -2 d~oj~secreta~~ On behaif of- Leisure
6= Q 2 the corporation therein named, and acknowledged to me tha; ~. ' ' such corporation executed the within instrument Pursuant to its t 8
> 1 OFFic;Af, SEAL **
* NoTARy @&D F~GD f~ t
Iss.
m C
-
' before mef the undersigned, a Notary Public in and for
and
.x% ,c basis of satisfactory evidence) to be the
' perSonally known to me (or proved to me on the PerSonS who executed the within instrument as p esident an 'l'ecnno OFIY &rp. 0 0 -
\ ;s SUBORDINA
IL*8*8888.*,.L.+***.+.**8 rJITH RESPECT- .
b SHERRy A. SPINA * 8 * b NoTARy puBL'c-c&,Fmr* g
* * MY Commisk Exp. SAN DtEm COUNTY X *****8*****0***'**8***~**888 Ires N-mel2,]% ***** **t t
(Thi~ area for official notarial seal)
rUnM -0 YnnL" rnL3J
NNING CONSULTANTS Rim ENGINEERING COMPANY i(l) 0 CIVIL ENGINEERS
3088 PI0 PIC0 DR. 0 SUITE 202 CARLSBAD, CA 92008
TELEPHONE 0 AREA CODE 619 0 729-4987
JOB NO. LEGAL DESCRIPTION FOR: BY DATE JLF
CHK'D. 11-e-85 7928-R PROPOSED DRAINAGE EASEMENT
An easement being a portion of Parcel 1 as shown on Parcel Ma
No. 13524, on file in the Office of the County Recorder, in th
County of San Diego, State of California, more particularly de
scribed as follows:
A strip of land 15.00 feet in width, lying 7.50 feet on eac
side, measured at right angles and parallel with the followin
described centerline:
Commencing at the Northwest c'drner of said Parcel Map: thenc along the Northerly boundary of said Parcel Map South 63'38'35
East 47.03 feet to a point on a non-tangent 1437.00 foot radiu curve concave Southeasterly, a radial line to said point bear North 63'40'16" West, said point also being on the Easterly right
of-way of Rancho Santa Fe Road as shown on said Parcel Map thence leaving said Northerly boundary along said Easterly right of-way along the arc of said curve through a central angle o
1'52106" a distance of 46.86 feet to the TRUE POINT OF BEGINNING thence leaving said Easterly right-of-way South 35'48 '41" Eas. 75.00 feet to the POINT OF TERMINATION.
The sidelines of said easement shall be lengthened or shortenec
to begin on said 1437.00 foot radius curve and pass through thc
TRUE POINT OF BEGINNING and to terminate at right angles througl
the POINT OF TERMINATION. -. .- -
r
COMPANY OESCRIPTION REVISIONS
TITLE CO. BY ' DATE REFERENCE OROERNO. DATE
EXHIBIT A-1
l
r
PM NO, 12586 ------ Nb/oP7'0z" w &qaLL)
N65" 32'ZZp W -------
lL N35*48'4V w 7x47'
PM NO, J3524
PARCEL 1
r.4 *:
LF6€N' < I....../NDGA7€S DATA PER PM NO. 1352% IINL€S5 UTU€X'W/5€ Nd7ED
[ 1 ....... /AfD/CAT€S DATA E' PM 10. /25&
mL? . . . . . . . . R4DML BEARlN6
-y.u VICINITY MAP
i RICK ENGINEERING CC PLANNERS-CIVIL ENGINEERS-LAND
5620 FRIARS ROAD SAM DIEOO, CA
3066 PI0 PIC0 DRIVE,SUITE 202,C CA.92008 CARLSBAD-(7 14) 729-4
CA.Q2069
SAN o1oao-(7ir) 201-0707
365 So. RANCHO SANtA FE ROAD,SI
PLAT TO ILLUSTKAT€
DRAINAG€ €d5€'M€M
SCALE : I'G 50 'I DATE : //-fl-fi51 PF
i