HomeMy WebLinkAbout1993-08-03; City Council; 12341; Authorize City Attorney To Sign Aviara Agreements. . Cl-- OF CARLSBAD - AGEhp-9 BILL /J2.-@ q .c ., 69
\B# %3+ TITLE:
HTG. 8-3 -43 - AUTHORIZATION FOR THE CITY ATTORNEY TO SIGN AVIARAASSUMPTION AGREEMENTS
DEPT. c A ?/-/?i” I CTgir- 35
?ECOMMENDED ACTION:
Adopt a minute motion authorizing the City Attorney to sign an assumption agreement for Master Plan No. MP-177 on behalf of the City, and approve as to form an assumption agreement for unity of control for the Aviara Master Plan community.
ITEM EXPLANATION On December 8, 1987, the City Council adopted Ordinance No. 9839, approving Master Plan No. MP-177 for a master plan community commonly known as "Aviara". At the same time, the City Council adopted Resolution No. 9322, approving Tentative Subdivision Map No. CT 85-35. Condition No. 94 of the tentative map requires the purchaser of any planning area within Aviara to enter into an agreement with the developer and the City in which the purchaser agrees to abide by the terms and obligations of the master plan. The City Attorney requests authorization to sign the assumption agreement for the master plan, which is attached as Exhibit A. The agreement has already been executed by Aviara Land Associates Limited Partnership (developer) and D.R. Horton, Inc. - San Diego (buyer).
The City Attorney also requests authorization to approve as'to form the assumption agreement for unity of control which has been executed by the developer and the buyer. This agreement is attached as Exhibit B. It binds the buyer to the terms of the original unity of control agreement signed by all of the property owners of Aviara, requiring them to adhere to the terms and conditions of the master plan, local facilities management plan, tentative map and final map. The owners were required to enter into the original agreement to comply with municipal code section 21.38.030(b) which requires the owners of a planned community to sign an agreement for unified control if the property is not held under one ownership.
FISCAL IMPACT None.
EXHIBITS Exhibit A - Assumption Agreement (for Master Plan) Exhibit B - Assumption Agreement (for Unity of Control Agreement)
ASSUMPTION AGREEMENT (FOR MASTER PLAN)
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THIS ASSUMPTION AGREEMENT (the "AgreementlI) is entered into as of August 4 1993, by and among AVIARA LAND ASSOCIATES LIMITED PARTNERSHiP, a Delaware limited partnership (llDeveloperll), D.R. HORTON, INC.-SAN DIEGO, a Delaware corporation (llBuyerll), and THE CITY OF CARLSBAD, a municipal corporation of the State of California (llCityl@), with reference to the following facts:
A. On December 8, 1987, the Carlsbad City Council adopted Ordinance No. 9839, approving Master Plan No. MP-177 (the "Master Plan") concerning certain real property owned by Developer and proposed for development as a master planned community.
B. On December 8, 1987, the Carlsbad City Council adopted Resolution No. 9322, approving that certain Tentative Subdivision Map no. CT 85-35 (the llMaplI).
c. As expressly provided by the terms of condition no. 94 of the Map, prior to the sale of any Planning Area contained within the Map, the purchaser of any such Planning Area shall enter into an agreement with Developer and City whereby said purchaser assumes and agrees to abide by the terms, provisions and obligations of the Master Plan.
D. This Agreement is executed in order to so evidence Buyer's agreement to abide by the terms and provisions of the Master Plan and Buyer's assumption of the obligations of the Master Plan and any approved amendments thereto with regard to certain real property being purchased by Buyer from Developer.
NOW, THEREFORE, the parties hereto agree as follows:
1. Assumntion of Master Plan For valuable consideration, the receipt of which is hireby acknowledged, Buyer hereby assumes the obligations of and agrees to abide by the terms and provisions of the Master Plan and any approved amendments thereto, specifically including without limitation those provisions of the Master Plan affecting that certain real property (the ltPropertyll) known as Planning Area 16 and identified in the map attached hereto as Exhibit "A" and incorporated herein by this reference.
1
Exhibit A to Agenda Bill NO. m, 3q(
2. Indemnification of Develoner. Buyer hereby agrees to indemnify, defend and hold Developer harmless from and against any failure by Buyer to observe and abide by the terms, provisions and obligations of the Master Plan and any approved amendments thereto in connection with Buyer's use and development of the Property.
3. pm. Each party to this Agreement agrees to perform any further acts and execute and deliver any further documents that may be reasonably necessary to carry out the provisions of this Agreement.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first set forth above.
AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, a Delaware limited partnership
By:
By:
Aviara Land Company, a Delaware corporation, genesal\partner
Republic Development Company, a California corporation, general partner
81Buyer11
D.R. HORTON, INC.-SAN DIEGO, a Delaware corporation
BY Its
BY Its
CITY OF CARLSBAD, a Municipal
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first set forth above.
AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, a Delaware limited partnership
By:
By:
Aviara Land Company, a Delaware corporation, general partner
BY Its
Republic Development Company, a California corporation, general partner
BY Its
BY Its
CITY OF CARLSBAD, a Municipal
City Attorney v'jq3,
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EXHIBIT "A"
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RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO:
City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008
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Space above for Recorder's Use Only
ASSUMPTION AGREEMENT (FOR UNITY OF CONTROL AGREEMENT)
THIS ASSUMPTION AGREEMENT (the "Agreement") is made as of August 4 1993, by and between AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, a Delaware limited partnership ("Aviara"), and D.R. HORTON, INC.-SAN DIEGO, a Delaware corporation ("Purchaser"), with reference to the following facts:
A. Aviara is the master developer of the Aviara master planned community located in the City of Carlsbad, State of California.
B. Aviara and certain purchasers of real property located within the Aviara master-planned community have executed and recorded that certain Unity of Control Agreement attached hereto as Exhibit "A" (the "Unity of Control Agreement").
C. Purchaser has purchased a portion of the real property located in the Aviara master-planned community, which portion is described in the attached Exhibit llB1@ (the "Property").
D. By executing this Agreement, Purchaser is assuming and agreeing to be bound by the terms and conditions of the Unity of Control Agreement with reference to Purchaser's use and development of the Property.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows:
1. Awn. Purchaser acknowledges that Purchaser hereby assumes and agrees to be bound by the terms and conditions of the Unity of Control
Exhibit B to
Agenda Bill No. I&34!
Agreement with reference to Purchaser's use and development of the Property.
2. Exhibits. All exhibits to which reference is made in this Agreement are deemed to be incorporated herein by each reference as if fully set forth.
3. Counternarts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, and all of which together shall be deemed to be one and the same instrument.
IN WITNESS WHEREOF, executed this Agreement as of above.
Approved as to form:
ByL,= &QGQ City Attorney
81y/93-
the parties hereto have the date first set forth
"Aviara"
AVIARA LAND ASSOCIATES LIhITED PARTNERSHIP, a Delaware limit&l partnership By: Aviara Land Company, a Delaware corporation, General Partner
BY 94 L&w- Its v/J 'F:4@fl(L
By: Republic Development Company, a California corporation, General Partner
By 94d+7---- Its 1/3/F frl*4+C*
Bv
"Purchaser"
D.R. HORTON, INC.-SAN DIEGO, a Delaware corporation
BY Its
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. A
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Agreement with reference to Purchaser's use and development of the Property.
2. Exhibits. All exhibits to which reference is made in this Agreement are deemed to be incorporated herein by each reference as if fully set forth.
3. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, and all of which together shall be deemed to be one and the same instrument.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first set forth above.
Approved as to form: "Aviara"
AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, a Delaware limited partnership By: Aviara Land Company, a Delaware corporation, Gener Partner *al
BY Its
Bv
By: Republic Development Company, a California corporation, General Partner
BY Its
BY Its
"Purchase
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STATE OF CALIFORNIA ; 8.8. COUNTY OF 1 a
On 18; I943 Nota@ Public in appeared \ IAl
and State, personally
I personally known to me (or w-basis e.f . e to be the person&J whose name(w is+a-resubscribed to the within instrument and acknowledged to me that he~+zhe-y executed the same . in his- authorized capacity-), and that by . his&r,-'thezr signature(%) on the instrument the personm, or the entity upon behalf of which the person(X) acted, executed the instrument.
WITNESS my hand and official seal.
Signature [NOTARY SEAL OR STAMP]
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STATE OF CALIFORNIA 1 ) 8.8. COUNTY OF < %Ttaqo ) J
On \y( 1993, before me, _L;Uylu\ W*Elwe\\ , a Notary Public in a;d for said County and State, personally appeared \am45 T. l4oaN
>(or proved to me on the basis 0; satisfactory evidence) to be the personm whose name$s$ he within instrument and acknowledged to executed the same in i / . *
and @m that by 1 *# .> signaturem on the instrument the person&J, or the kntity upon behalf of which the personw acted, executed the instrument.
WITNESS my hand and official seal.
Signatur [NOTARY SEAL OR STAMP]
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STATE OF CALIFORNIA I ) 8.8. COUNTY OF 1
On , 1993, before me, I a Notary Public in and for said County and State, personally appeared
personally known to me (or proved to me on the basis 0; satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature [NOTARY SEAL OR STAMP]
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UNITY OF CONTROL AGREEMENT [See Attached]
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. . ,RECCRDING REQUESTED BY AND WHEN RECORDED MAIL TO: _ L - I .,-a- '7, - . .' -..-. '.I 1: <t:+p;,:l:> c; C'LiSAW I.Z-.t 111- I,.,J,, ; 1w 7;;') .:;':. ;.;; - 3 C:T'i OF CARLSam ltC3 Eh Avenue ! Carlsbad, California 92008
Att.?: Ronald R. Ball, Esq. ; I THIS SPACE FOR RECORDER'S USE ONLY
//7/7 vii 69
IW OF CONTROL AGREEMENT
THIS UNIW OF CONTROL AGREEMENT (thm "Agreement") is entered into as of Fobtuary 20, 1990, by and anmng AVIARA m ASSOCIATES LIMITED PARTNERSHIP, a Delaware limitad partnership ( “Aviara” ); DAVIDSON COSCAN PARTNERS, a California general partnership ("Davidson'): LYON COWU'NITIES, INC., a California corporation ("Lyon"): RDC DEW0 II LIMITED PARTNERSHIP, a Dmlawara limited partnership ("RDC'); A44 HOMZS, a California Limited Partnership ("A-M"); and 3RAHALEA CALIFORNIA, INC., a California corporation ("Eramalaa"). All of tha parties idantifiad abova may huainaftu k rafarrmd to collectively as "thm Owners” or "the partlam”. This Agrwmant is uttered into with rmfaronca to the following facts:
A. All,of tha Owners om rmal property located fn that certain master-planned coamunity located in t)w, City of Carlsbad (the “City”) and known as “Avtuaa (harminrftar referred to as tha “Projut”). U of th@ data of this Agr-nt, Avfara is tha owmr in foa siaplm of that cutain r-1 proputy shown in the attachrd Exhibit 'A.. Aviu8 has convmymd tha following propartim within tb Projut to.tlm following parties:
To Davidson: Rul pzopozty idantifbd in Zxhibit “8”;
To Lyon: Rul property idurtifiod in 8xhlbit 'C" t
To RDC: kll pzoputy idontifiod in Pzhibit 'Da:
To A-W Rwl propasty idantifid in Exhibit ‘En:
To brrrulaar Rml property idantifiod in -bit "f"*
8. On Deembar 22, 1987, the City Council of tha City adoptad Msolution NO. 9322, approving, among othu WWS W tha tmtativa subdivisi~ asp relating to thm davologlurt of tha Project (tru "Tumti~ hap"), and (ii) th0 rAer1 Faciliti- Management Plan for zone 19 of tha city (th@ "Local ?acllitiaS Managmmnt plan’ ) .
EXHIBIT "A"
JPI~AOlSl100.OUrOil~90 1
c. On December 22, 1987, the City Councfl of the city
adopted Ordinance No. 9839, aRprovlng that certain Master Plan known a8 MP-177 (the "Master Plan") relating to the development of tha Project.
.D. On Juno 27, 1989, the City Council of the City approved by minute motion the recordation of the final subdivlslon map for Carlsbad Tract No. 85-35 (the "Final Map").
E. satisfaction of Tha Ownus desire to anta fnto this Agreement in tha City's Ordinance No. 21.38.030 which provides, in putinmt part, as follows:
“(b) All land in oath proposad plannod community shall bo hold in ona ownership or shall bo under unfffmd control unlsss othawism authorizsd by the city council. For ths purposes of this smction, tha written agrumant of all owners in tha planrmd community to develop in accord with the master plan as approved indicatas unified control."
NOW, TXtREFOlU, in conriduation of tha forsgoing and the covanants, promisas and undertakings horofnaftar set forth, and the mutual bwmfitr of l ach of tha putiea huato, it is understood and agrwd am tollour:
1. m. TM Owners hereby - . acknowladga that tM dmmlopunt oi their ra8poctlw proparties is rubjact to tha tama and condition8 sot forth in tha Master Plan, tha Local Facilitia8 Management Plan, tha Tmtativa Map and tha Final Map. Eech of the Ounus h88 rmviewad tha contents of tha formgoing approvU8 by t)u City and acJmouladga8 that (i) the dwalopmant of prow within W Reject shall k parfonaed In comglim with tb foregoing l ppsov8la ubd (ii) tha faflura to satirfy tha tuma 8nd oonditiona of tha foregoing approvals may
dalay or pmvmt dovalomt of proparty within tha Prodst.
Rx, 88 tha currant ounar of Planning Aree8 3 and 4 and Aviu8, a8 tha currant ounu of Pluming i thm'Projact, huoby acknoulodga that tha abCva-S&m PlanrUg &.a8 may not k dmvmlo~ until tha nuo88uy doumtmam 8wu f8cilitia8 srtiafactoy to the City Enginwt ua lrut8lld aid &-Jr oJddr(a:cIuA(ylluy Planning Ar8a8.e LY"JM
3. TM Ownus
heroby agree, uch with tha othu, that sheuld iny pa-r to this Agreesmat mall all or 8ny postion of it8 prom within tha
Project, any such ~lling party ~~11 uuu thl8 Agrmt to be identified to tha purcbsor and rhall cmmo ruch pum8ar to executo a written l cknowladgammt of tha raatriction8 and obligation8 sat forth hamin; provided, houavu, no such written
J~ltlOlll~OO.DUtOltWO 2
acknowledgment shall bm requfred for purcharmrs of fewer than fiva raridantial Lots within tha Project.
4. No Aaencv . The parties herato acknowledge that none of the parties shall be deemed to be the agent of any other party as a result of executing thir Agreement.
5. gindina Ef fact. This Agreement shall Inure to t?.e benefit of and be binding upon the parties hereto and their
respective succegsors and assigns.
6. Fxhibitq All exhibits to which reference is made in this Agreemmt are d;etmd to ba incorporated herein by each reference a8 if fully sot forth.
7. countem. This Agrmmant may ba executed fn any numbar of counterparts, oath of which sMl1 ba deemed to be an original, and all of which togothar shall ba deemd to be one and thr ram ln8trtumnt.
8. . By executing th8 Agreement on the signature page hormof, the City approvm this Agremmnt as to tom and content.
IN WITNESS WHEREOF, tha p8rtie8 harmto have l xacutad
thi8 Agreataant a8 of tha day and ymas flr8t aat forth above.
“OWNERS”
AVIARA LAUD ASSOCIATES LIMITED PARTIWRS~IP, a Dalawara limited
pUtrrrr8)rfP
V/J& h,k f&p
bp: Ropublie Dwolopnnt Coarpany, a borporation, Gwmral
DAVIDSON CDSCAN PhRTNU$ a C8lifotni8 g-81 putnarrhip
[Signaturar continued!
acknowhdgrmmt shall ba required for purchasers of feuer than
five r~ridantial lot8 within th@ Project.
4. No AaenGy The parties hereto acknowledge that none of the parties shali be deemed to be the agent of any other
party as a result of l XaCuting this Agreement.
5. Bindlna Ef fact. This Agreement shall inure to t?.e benefit of and be binding upon tha parties hereto and their respective successors and assigns.
6. Wlbitq. All exhibits to which reference is made in this Agreemant are deemed to bo incorporated herein by each reference as if fully sat forth.
7. Gountemartp. Thir Agreement may be executed in any number of count~rpartr, each of which shall be deemed to be an original, and all of which togathar shall be deemed to be one and the same inrtrumant.
0. citv ADDrOVd By executing tha Agrmament on the signature page horaof, tha City approva8 thi8 Agrmament a8 to
form and content.
IN WITNESS WHEREOF, tha partie harmto have executed thl8 Agrarmmt a8 of the day and yms firrt Iat forth abova.
AVIAM LAND ASSOCIATES LIMITED PMTNBRSNIP, a Dalawarm lfmltad partnu8hip
Company, a Delaware , Curas Partner
DAVIDSON COSCAN P-, a California gonU81 pUtnar8hip
W:
[Signature8 continuodl
The Daitdron Company,
w$gg
LYON COWITfES, INC., a Califor?.:ia corporation
By:
By:
RbC DEW0 XI LIMITED PARTNERSHIP, a Delaware llmi(t8d partnerthlp dyt ilkf4b i,‘c ~eIbp~*k~~r L, ~~.df 4 I- -. . 2,, 2.
By: h"\d , 1.2, -* m
. ,c,cJ#ISr4..*b
By: >d/ )h,/-
d? l Fk+t.,<.y.
A-M HOMES, a California Limited Partnership
BRAMAtaA CALIFORNIA, INC., a Calffornia corparation
APPROVED AS TO m:
Vincmt P. blonde, Jr., city )rttomoy
By:
A8Urturt City Attorney
4
LYON COMMUNITIES, INC., a Calfforzra corporation
By:
By:
RDC DEVCO II LIMITED PARTNERSHIP, a Delaware limited sartnershfp
By:
By:
A-U HOUES, a California limited partners?.:
By: e corporatron, eneral partner
BRAMAUA CALIFORNIA, INC., a California corporation
vincult 1'. Blondo, Jr., City AttOmmy
By:
4
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LYON COMUNITfES, INC., a California
By: w
RDC DEVCO II LIMITED PARTNERSHIP, a Delaware limited partnership
By:
By:
A-H HOMES, a California Limited Partnership
By:
By:
BRAXAUA CALI?OMIA, INC., a Californi8 corporation
APPROVED As To mm:
Vincukt ?. biando, JS., City Attorn8y
By:
km%8tant City Attornay
4
LYON COPHUNITZES, INC., a Calf forr.ia corporation
By:
By:
RDC DEVCO If LIMITED PARTNERSHIP, a Delaware limfted partnership
By:
By:
A-M HOMES, a California Limited Partnership
By:
APPROVED As To mm:
Vincent ?. bloado, Jr.,
City Attow
4
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LYON COMMUNITIES, INC., a Califsr.r3 corporation
By:
By:
RDC DEVCO II LIXTED PARTNERSHIP, a Delaware limited partnership
By:
By:
A-M HOMES, a California Limited Partn8rshfp
By:
By:
BRAMALU CALXFORNXA, INC., a
Califomi8 corporatfon
APPROVED A8 To FoJm
. 4
STATE OF CALIFORNIA 1
COUNTY & .: (;. /;, ; Se
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on ,/ f/T ( /p /; q/ 4 , before me, the undersigned, a Notary Puglicin and for said Stat., personally appeared /, - r'i ,*.,.*I
personally known to io # 6---m---ty a the persons-who executed this instrument as the //IL 1,' s I /_ ,f . //7, ,'T
on behalf of AVIARA LAND COMPANY, a Delaware korporatlon, tke
corporation that executed this instrument on behalf of AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, a Delaware limited partnership, tha partnership that executed this instrument, and
&knowledg&d to I!& that the corporation executed this instrument pursuant to its by-laws or a resolution of
of dfroctors as such partnor and that the partnership
it.
WITNESS my hmd and official 8Oal.
its board executed
Stata
-
STATE OF CALIF_ORMA
> coLwY OR 5 4 ’ /LA: . _ ) ss*
on ,/ ’ ’ j’ - -,before, me, the ydersigned. a Sour{ PzSlic in and for said State. personally appeared I. ,I_ / ‘7 - ‘,,,I’ -4
pe:sonai:y known to me the Tersonal who execut ad w-t~ me or proved to me on f7.t
tk of Atiara Land Company, a Delaware corporauon. the corporation that executed the within instrument on behalf of Xbka Land .%sociates Limited Pannership, a Delaware Limited Partnership, the partners?.:? that executed the within instrument, and acknowledged to me that such corporation executed the same as such panner and that such partnership executed the same.
WITYESS my hand and official seal.
(Seal)
! ,/ ,f N-N, c , .; ! , . - - NOTARY PUBLIC
STATE OF CALIFORNIA
COuNTy OF t‘I/;“, / / ~,*&,ti’: ) ) S& /
atbe ,>YC . . . . bass of Republic Dwetopment Company, a Califmia corporario& tbo cmpamth tht executed the within inraumcnt on behalf of Aviara Land Associates Limited Partnership, a Delaware Limited Pamenhip, the partnenhip that executed the within insttumen~ and acknowledged to me that such cmporation
executed the same as such partner and that such partnership executed the same.
WlTNESS my hand and official seal. ,
STATE OF CALIFORNIA 1
On 1,';; \, '/,a c ' ,,c"i before ma, Notary Pubflc in ahd ;oi said itate, the undersigned, a personally appeared /, Y ’ , I c . , ’ &d aad- , personally known to ma W-tbrna on--the.baszsof SUaCtOry evidence to,bo the person-who executed this instrument as thm - :','/4 t , , . I 6 , SWAY on behalf of REPUBLIC DEVELOPMENT COMPANY, a California I CT
corporatfon, the corporation that executed this instrument on behalf of AVIARY LAND ASSOCIATES LIMITED PARTNERSHIP, a Delaware limitad partnership, the partnorrhfp that executed this fnstrumont, and acknowledged to mo that the corporation exocutod this instaamnt pursuant to its by-laws or a resolution of its board of directors aa such partner and that the partnarrhip l xmcuted ft.
WITNESS my hand and official rml.
Stat0
TO to*4 ca 16 ?*I
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mrigned, a
marad md nown to mo cm to ba the 4VIDSON thm mt the
\ for Said
J#rMltllO8.#~:O~~l9@ 6
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J STATE OF CALIFORNIA ) 1 ss COUNTY OF ‘h 9 \,k 1 I
On p' :c .cIh 73% >:I9 . baforo mo, the undersigned, a Notary Public in and for sardita, personally appeared - *cb.s _ - .ff '! S-.--i<-, ,--- and personally known to mr or pr,..-'fa&-Lq W-0 be thm person9 who executed this instrument as the ,c,r I .&A - / and
respectively, of t&4 COMMlNf'bIES, INC. California ,
corporation, the corporation therein namd, and acknowledged ta mo that the corporation l xocuted this instrumnt pursuant to its by-laws or a rmrolution of its board of directors.
WXTNESS my hand and official saal.
CFFICIXL S&IL mm4 LYNN roAMsoN NCtAR, "'iji:C * C:.,.iOlNlA
3 SVI otIw c3uIlw u8lm IUL 31. Ini
t- h,L
NC tCarv Duhlih tn and far Said ---a v s-v- w-q -I- s-w w-w-
Stat8
STATS OF CALIFORNIA 1
1 s* cou?dTY OF 1
On kform m, tha undmrrigned, a Notary Public in and for l ald itat., pmr8onally appeared
WSOMlly klOWn t0 Illa or provad to m on tha basis of srtfrkaotory avidanca to ba the persona who uocutad thl8 lna trummt on bdmlf of RDC DEVCO II, LIMITED PARTNERSHIP, 8 blawasm limitad putnurhi& thm partnmahip rmmd thumin, and skrw1mdg.d ton thattha
p8rtnarrNp ancutad it.
WITNBU w m u3d official rml.
I .
a8ll1~01aaaoa.DlirOaat#
Notary 9 sata
7
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STAT% OF CALIFORNIA 1
COUNTY OF i
On bofOr8 ma, the undorsignad, a NotamUc ia axed for said S&r, porronally appaarad
parsonally known to me Of PrOwd to m on tha basir of satisfa&oy l vldutca t0 k th pUSOM who u8cut.d thir instrument as the
raspmtivmly, of LYON COWUNXhS, , INC., l California corporation, tha corporation thua&n named, and acknowledged to ma the the corporation uwutmd thi8 in8tamant pursuant to it8 by-law8 or a rmolutlon of it8 board of directors.
WITNESS my hand and official r-1.
Notary Public in and for Said State
STATS OF CUIFORNU 1
couNTYorQ~ i 88 1 .
I
pubua in and fog Said
stat8
7
.
STATE OF CALIFORNIA ,’ 5s. COUNTY OF ORANGE 1
On /- jG,/990, before me, the undersigned, a Notary Fubliein and for said State, personally appeared THOMAS I. HOVER and CHRISTOPHER CALL, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instmment as the Executive Vice President and Assistant Secretary, respectively, on behalf of
A-M HOMES, INC., a Delaware corporation, the corporation therern named, and acknowledged to me that said corporation executed the within instrument pursuant to it8 bylawa or a reSolufiOn of its board of directors, said corporation being known to PO to be the general partner of A-M HOMES, a California limited partnership, the partnership that executed the within instament, and acknowledged to me that such corporation l xocutod the same as such partner of A-M HONES, and that s the sama.
WITNESS my hand and official real.
Signature [Notary Seal]
STATE O? CALlFORNIA )
COUNTY OF
On kforr w, tha unduslgmd,
Q Notary FubUo la aad for rrtd S&e, pumaally appaarod
pu8unally known to n oe pxwmd to w on th. bad8 of utiaf&tory evidanca bo bo tb. pu8oMwhouocutadthl8ln8 -t u the
im%IA IN% l rerpactivmly, of m clul mufosnia cotgoration, th8 corporation tJlu&nani: 8Ld me that tha corp0~8tsorr u80tmd thi8 ackmuhdged to mt pursu8nt to its by-law8 or a rwolution of ita bud of dirmctom.
WITNESS my hand and official sml.
NO~W public in and for Said stea
s:‘x’=z 2F CAL:?CRNIA )
,Zt’!iYY OF 1
SC- ‘hei-lp -w- - ..-igc=. --ai sali Szate, 7.e, _.._ c ‘a p -..-----:..---, a Notarjt ?,cl,z 1.1 SrL? 52: ca’c---a’ *.. -- -- - -*. --I s;:cesred 3-i ..d --‘s--a’ “* y mm w.. - - .’ ‘c.tcrn =2 7.e c: 7rovea z3 .7.e 32 z:e 265;s of aaLrsi3c---** b-‘-I e gr rier.ce t3 ke the persons who executed tkis L?.r--‘*-em- 2:: w-d... . . - kek.slf 3: A-?3 3ismes, a California Lxktcd ?artz-.ersh:3, z:-.e ;a=:.-.ershrp r,amed therein, and acknow:edged t3 ze t.;..hz ::.e
;a=:: er.sh;p executed iz.
x:xESS 3y kar.d and cfficial seal.
Notary Zublic in and for Sard State
S’=ATB OF CALIFORNXA
CXNTY OF 5&d '3&&C
On tijb& *, \99c , before ze, the undersigned, a Notary Public in and for said State, personally appeared -3 L qc- and personally known to me or prov?d to me on the basis of' satisfactory evidence to be the persons who executed this instrument as the q\cE mm I and respectrvely, of Bruarlea California, Inc., a California corporation the corporation therein named, and acknowledged to me that the corporation executed this instrument pursuant to its by-laws or a resolution of its board of directors.
WITMZSS my hand and official seal.
- 5SAL 3ESCzI?T:zY CP xv:- ‘y.c?‘a-‘/ -.. . .
PhRCEL A: ---
THOSE PORTIONS OF SECT?CNS 22, 26, 27, 29. 33 bun ‘)A 911 I!4 TC’dNSHfF 12 SOUTH, RANGE 4 MST, SAN BERNAil C;TY OF CARLSaAO, COUNTY OF SAN OIEGO, STATE O, “cI To cFFICIAL PLAT THEREOF, OESCRIBED AS FOLLCw$:
“‘.V r)- -cb DIN0 ?tlERIO::N, 1'4 --f c PA’ IFCRNIA, ACC:.?:;‘,~
6EC;iNNING AT THE NORTHEAST CORNER OF SAIO SECTICN 34 AS SHOWN. CY RECCRO OF SURVEY MAR NO. 10774 FILED SN THE OFFICE OF 7~9 CCUNTY RECZROER OF SAN OIECO-COUNTY OCTO8ER 30, 1966 AS FILE NO. 86-jfG:rg,z: THENCE ALONG THE EASTERLY LINE OF SAIO SECTION, SOUTH OO’32’31’* dEjT 426.75 FEET; THENCE LEAVING SAID EASTERLY LINE, THE FCLLZWING ::L?sE:
NORTH 83’55’00” WEST 164.61 SOUTH 67’22’00” WEST 140.00 SOUTH 39’2S’OO” EAST 163.00 SOUTH 49’1S’OO’ WEST 119.00 NORTH S8'00'00" WEST 132.00 NORTH 05~14’00’ EAST 201.00 NORTH 74°4S'00" WEST 193.00 SOUTH 59'00'00 WEST lS6.00 SOUTH 22’30’00” WEST 88.00 F
SOUTH 61°S4'00' WEST 19S.00
NORTH 89'00'00" WEST 120.00
SOUTH 62'SO'OO' WEST 318.00
SOUTH S4°10'00- WEST 148.00
NORTH S4°10’00” WEST 370.00
NORTH 3S’30’00- WEST 141.00
NORTH 20’30’00’ WEST 128.00
SOUTH 25'30'00" WEST 223.00 SOUTH 33’30’00’ WEST 146.00
SOUTH 77°30’00- WEST 3S8.00 SOUTH 7S’S8’00- MST 42.00 C NORTH 73'JO'OO' WEST 99.00 F NORTH 74°10'00- WEST t90.00 NORTH 73'16'26" WEST 174.03
SOUTH 78'00'00' MST 447.00
TO THE WJNOARY LINE Of SAIC
THENCE ALONO SAID OOUNOARY 1
NORTH 32°17’40’ MST NORTH 00°43'21' UIST
SOUTH 89'0$'32' EAST SOUTH 83*$0'41- EAST NORTH 48*13'3$- EAST NORTH 14'41'1$- WEST NORTH 44'fl'O8- WEST NORTH 17’22’08” WEST NORTH 03'Sl'4t- EASt NORTH 00'34'18' EASt
NORTH 0t049'19- WEST
SOUTH 01'36'47' EAST SOUTH 87'30'08" EAST
!EET: SOUTH S1’22’00” w :EET: SOUTH 60°44’00” w :EET; SOUTH 21°11'00" w :EET; NORTH 89°4S'00" w
!EET; NORTH 72'30'00" w
:EET: NORTH Sl'S3'00" w :EET: NORTH 89'42'00" w FEET; NORTH 7S010’00’ w
tET: SOUTH 81'22'00" WE
:EET: NORTH 82'00'00" W
!EET; SOUTH O1°OO'OO" E
:EET: SOUTH 28'00'00' E :EEt; SOUtH 79'39'00' W !EET; NORTH 74°30'00' W
:EEt; NORTH ll"lO'OO' E
!EET; NORTH SS*OO’OO-,W
:EET; SOUTH 10'4S'OO" E
'EET; 5OUTH SS'30'00" W
'EET; SOUTH SS~lO'OO- W iET; NORTH 83'S6'00' WE [ET: NORTH 79'SO'OO' WE IEET; NORTH bS'S6'02' W IEET; NORTH 84°00'00- W
FEET; NORTH 83°00’00- W
AECORO OF SURVEY HAP: :Nt, THE FOLLOWING CDUA
,ST 518.00 FE::; :ST 295.00 FEET; 1st 214.00 FEET; :ST 186.00 FE:?; :ST 167.00 FEET; 1st 63.00 FEET: 1ST 218.00 FEET; 1st 113.00 FEET; ;T St.00 FEET:
ST 114.00 FEET;
rST 36.00 FEET: rST 39.00 FEET: IST 155.00 FEET; /ST 86.00 FEET: 1st 110.00 FEET; tST 71.00 FEET; ST 53.00 FEET; :ST 52.00 FEET;
1st 187.00 FEET; it 117.00 FEET; it 147.00 FEET; tST 346.00 FEET: tST 124.00 FEET; tSt 123.73 FEET
iE3 :
561.66 FEET; NORTH 69°1S'21- WEST 228.23 FEET: 768.21 FEET: NORTH 00°30'4S" EAST 13S7.73 FEET: 13S8.19 FEET: NORTH 23'18'Sl" EAST 156.92 FEET; 182.99 FEET; NORTH 63'S1'06" EAST 118.5s FEET; 16.99 FEET: NORTH 21'20'OS' EAST 79.07 FEET; 271.99 FEET: NORTH 26'2S'20- WEST 112.93 FEET; 189.02 FEET; NORTH 36'S4'21- WEST 80.99 FEET;
96.S3 FEET; NORTH Ol'St'S7" WEST 108.47 FEET:
180.9s FEET: NORTH 3S03S'33- WESt 142.04 FEET: 2716.14 FEET; SOUTH 86'S8'36" EASt 1318.67 FEET;
331.07 FEET; SOUTH 86'Sl'll' EASt 860.S7 FEET:
330.69 FEET; SOUTH 00'06'SO" WESt 1340.75 FEET;
662.6s FEET; SOUTH 87'32'14' EAST 662.56 FEET;
UCHIBIT "A" - Pagm 1 of 4
- -
NORTH 00’12’O9’ NEST 1328.52 FEET; SCUTh d6'58'17" EAS; jjg.!i :zE‘,
NORTH OO’WW’ WEST 2J34.07 FEET; SOUTH 89’26’30” EASi r370.33 =::; SOUTH 00’33’25” WEST 2491.10 FEET; SGUTH 00’42’22” EJ.sT 2294.99 -=‘t-
SOUTH 6g’lg’W EAST 1333.44 FEET; SOUTH 00’21’21” EAST 326.99 --I;-;
SOUTH 89’16’26” EAST 252.96 FEET: SOUTH 00’43’19” iJEST 392.93 ;I:‘: SClJTH 69.16’42” EAST :99.95 FEET; SOUTH 25’48’10” EAST 163.03 ;i3:; SCUTH 44.39’44” WEST 109.07 FEET; SOUTH JO"S1'43" 'dEST 501.66 =i:': SCUrH 3$oe?s'r4" WEST 136.JS FEET; scur~ 2$‘07’12” WEST 174.63 FEET: SOUTH 08'46'19" WEST 168.00 ;I::: SOUTH 15'13'16" EAST 128.95 ?=,I': S,"u:y 38'19'47" EAST 507.55 FEET; SOUTH 24'29'17" EAST 626.69 ;::‘; NCRTH 66'18'10". WEST 770.67 FEET: NORTH 00'22'J6" WEST 656.36 ::f7; NCRTH 88'55'25" WEST 1321.10 FEET; AN0 SOUTH 00'12'22" EAST 63$.33 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM ALL OF CITY OF CARLSBAO TRACT 85-35, AVIARA ‘“A::
1 - UNIT “A” IN THE CITY OF CARLSBAO, COUNTY OF SAN OIEGO, Si~:z ^,F CALIFORNIA, ACCOROING TO MAP THEREOF NO. 12409 FILE0 IN THE ci’::: 2’ THE COUNTY RECOROER OF SAN OIEGO COUNTY JUNE 29, 1989;
ALSO EXCEPTING THEREFROM ALL OF CITY OF CARLSEAO TRACT 85-35, A~/I:;;: PHASE 1 - UNIT “8” IN THE CITY OF CARLSBAO, COUNTY OF SAN OIECJ, s;:r OF CALIFORNIA, ACCOROING TO MAP THEREOF NO. 12410 FILED IN THE CFFiCz OF THE COUNTY RECORDER OF SAN OIEGO COUNTY JUNE 29, 1989:
ALSO EXCEPTING THEREFROM ALL OF CITY OF CARLSBAO TRACT df-33, AVIARA PHASE 1 UNIT “C’, IN THE CARLSEAO, COUNTY OF SAN OIEGO, STATE OF CALIFORNIA, ACCOROING TO MAP THEREOF NO. 12411, FILE0 IN THE OFFICE :
THE COUNTY RECOROER OF SAN OIEGO COUNTY JUNE 29, 1989;
ALSO EXCEPTING THEREFROM ALL OF CITY OF CARLSEAO TRACT 85-3s. A’fIARA
PHASE I - UNIT “O”, IN THE CITY OF CARLSEAO, COUNTY OF SAN OIEGO,
STATE OF CALIFORNIA, ACCOROING TO MAP THEREOF NO. 12412, FILE3 IN THE
UFFICE OF THE COUNTY RECOROER OF SAN OIEGO COUNTY JUNE 29, 1989;
ALSO EXCEPTING THEREFROM ALL OF CITY OF CARLSEAO TRACT ES-3S Pb'ASE - UNIT “E” IN THE CITY OF CARLSEAO COUNTY OF SAN OIEGO STATE OF
:ALIFORNIA ACCOAOING TO MAP THEREOF’NO 12413 FILE0 IN iHE OFFICE c
THE COUNTY’RECOAOER~OF SAN OIEGO COUNTY: JUNE is, 1989:
ALSO EXCEPTING THEREFROM THAT PORTION OF SECTION 22, TOWNSHIP 12 Sou’ RANGE 4 WEST, SAM 8IRNAAOINO MEAIOIAN, IN THE CITY OF CARLSEAO, COUNTY OF SAN OIECO, STATE OF CALIFORNIA, ACCOROING TO OFFICIAL PLAT THEREOF A$ SHOWN 011 AECORO Of SURVEY NO. 10774, RECOROEO
OCTOBER 30, 1906 AS FILE NO. 86-494180, BEING MORE PARTICULARLY OESCRIQIO AS FOLLOW:
COMMQNCINO AT THE SOUTHEAST CORNER OF SAIO SECTION 22: THENCE ALONG
THE EA3TERl.Y LINE OF SAIO SECTION 22, NORTH 00’33’2S” EAST, 1634.46 FEET TO THE TRUE POINT OF BEGINNING: THENCE LEAVING SAID EASTERLY LINE. SOUTH 8g046’S6’ WEST, 676.27 FEET: THENCE SOUTH 44.18’06” WEST
124.43 FEET; THENCE SOUTH 89’16’06’ WEST, S66.00 FEET; THENCE NORTH 19’52’40” EAST, 92.87 FEET: THENCE NORTH 4S”10’21” WEST, 54.44 FEET: THENCE NORTH 13’26’04” EAST, 60.92 FEET: THENCE NORTH 00.22’40” WEST
320.06 FEET: THENCE NORTH 12*18’06” WEST, 92.73 FEET: THENCE NORTH 50’59’09” EAST, 201.72 FEET: THENCE NORTH 14°03’06” WEST, 251.61 FEE
TO A POINT ON THE NORTHERLY LINE Of SAID RECORO OF SURVEY NO- 107T4;
THENCE SOUTH 89’26’30’ EAST, 322.S9 FEET: THENCE LEAVING SAID
fXRIBIT “A” - P8g8 2 of 4
WZR:HERLY L[*
49’41’33” WE!.
JTH OO"13'00" EAST, 121- 'EE'; ;s$y~~ vu-+
50.16 FEET; THENCE SOUTh ~'13'08" NEST
THENCE SOUTH 3i030’47” EAST, 34.62 FEET; THENCE SOUTH 6i”;;;$‘:::i
25.68 FEET; THENCE SOUTH 19'35'24" NEST, 109.22 FEET; THENCE v&" 75'32'32" EAST, 110.78 FEET; THENCE NORTH 3S'SO'lO" EAST, tOO.sj ELI:;
THENCE SOUTH 82'53'54" EAST, 31.50 FEET; THENCE NORTH 56’0l’J.l” ZijT, 225.45 FEET: THENCE NORTH 43’54’35” EAST, 93.91 FEET: THENCE ‘iC;i:;l 73” 10’fS” EAST, 133.63 FEET TO A POINT ON THE NORTHERLY LINE CF 5Ai3
REC:RO OF -SURVEY NO. 09’29’30” EAST, 10774. THENCE ALONG SAID NORTHERLY LINE. sc~:,q 135.92 FEET; THENCE LEAVING SAIO NORTHERLY LINE sc?;;,q 52’:5’54” EAST, 325.96 FEET TO A POINT ON THE EASTERLY LINE OF ~A:;J SECTIGN 22: THENCE ALONG SAID EASTERLY LINE, SOUTH 00'33'2S" 'dEjT, 661.79 FEET TO THE TRUE POINT OF BEGINNING.
ALSO EXCEPTING THEREFROM THOSE PORTIONS OF THE SCUTH CNE HALF CF -“-
SOUTH ONE HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUAR’EX i’;; OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION ;6
TOGETHER WITH A PORTION OF THE SOUTHEAST QUARTER OF THE NORTH&:
QUARTER OF SECTION 27, ALL IN TOWNSHIP 12 SOUTH, RANGE 4 WEST, s:,y 8ERNAROINO MERIOIAN, IN THE CITY OF CARLSEAO, COUNTY OF SAN I)IE,;G,
STATE OF CALIFORNIA, OESCRIEEO AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAIO SOUTH ONE HALF OF THE SOUTH ONE HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST OUARTER OF, SECTICN 26: THENCE ALONG THE EASTERLY LINE THEREOF, SOUTH 00°21’21” EAST 293.56 FEET TO A POINT ON A NON-TANGENT llSl.00 FOOT RAOIUS CURVE, CONCAVE SOUTHERLY, A RAOIAL LINE TO SAIO POINT 6EARS NORTH 04’10’50” WEST: THENCE WESTERLY ALONG $A10 CURVE THROUGH A CENTRAL ANGLE OF 39’32’20” A OISTANCE OF 794.26 FEET TO THE EEGINNING OF A REVERSE 20.00 FOOT RAOIUS CURVE, CONCAVE NORTHERLY, A RAOIAL LINE aEARS SCUT;I 43'43'10" EAST: THENCE WESTERLY ALONG $A10 CURVE THROUGH A CENTRAL ANGLE OF 87’33’10” A OISTANCE OF 30.S6 FEET: THENCE TANGENT TO SAIO CURVE, NORTH 46’10’00 WEST 93.89 FEET TO THE EEGINNING OF A TANGENT
430.00 FOOT RAOIUS CURVE, CONCAVE SOUTHWESTERLY: THENCE NORTHWESTERLY
ALONG SAIO CURVE THROUGH A CENTRAL ANGLE OF 0S046'00" A OISTANCE OF 73.30 FEET: THENCE TANGENT TO SAIO CURVE NORTH SS’S6’00” WEST 416.30 FEET TO THE BEGINNING OI A TANGENT 320.00 FOOT RAOIUS CURVE, CONCAVE EASTERLY: THENCE NORTHERLY ALONG SAIO CURVE THROUGH A CENTRAL ANGLE Of 55’13’36” A OISTANCE OF 306.4s FEET: THENCE TANGENT TO SAIO CURVE, NORTH 00’42’22’ WEST 16.63 FEET TO THE WESTERLY PROLONGATION OF THE
NORTHERLY LINE OF SAIO SGUTH HALC Of THE SOUTH HALF OF THE SOUTHWEST
QUARTER OF THE NGRTHUEST QUARTER OF SECTION 26: THENCE TO AN0 ALONG SAIO NORTHERLY LINE, SOU.tH 69°19’14” EAST 1349.44 FEET TO THE POINT C BEGINNING.
PARCEL 8i
LOTS 1 THROUOH 4 INU.UW( AN0 LOTS 6 THROUGH 11 INCLUSlVa OF GIN OF CARLSBAC TRACT 85-35, AVIMA PHASE 1. UNIT 4 IN THE ClW OF CARLWAD, COUNTY OF SAN OIEGO STATE OF CALIFORNIA, ACCORDING TO MAP WEREOf NO. 12409, FILED IN THE OFFICE 01 THE COUNN RECOROER OP SAN OIEGO COUNTV JUNE 29.1999.
PARCEL C:
Lot 91 OF ClTv Of CARLSbAO TRACT 8S-3% AWARA PHASE 1 - UNIT 8. IN THE f:N 0
CMLSBAD, COUNN OF SAN OIEGO, STATE OF CAUfORNIA, ACCOROING TO MAP THEREC NO. 12410, FILED IN THE OFFICE Of THE COUNTV RECORDER OF SAN OIEGO COUNTY, JUl’i 29, 1989.
ExH1B2T “A” - P8g8 3 of 4
PAi?CZL 0:
~0:s 94 THRCUGH 100 ~NCLUSM, Lots 11s. 116, 123 TWRCCCH t27
INCL’JSSVE. LOTS 227, 228 AN0 229 OF CITY OF CARLSBAD 7FtACt 85-I: AVIARA PHASE I UNIT C, IN THE CITY OF CARLSBAO, CCCNTY OF SAN Xi::. STATE OF CALIFORNIA, ACCCROING TO MAP THEREOF NO. 12411
CFFICE OF THE COUNTY RECCROER OF SAN OIECO CCUNTY, ,,&!%”
; ;. :
- w-w.
PARCEL E:
LOT 229 AND LOTS 231 THROUGH 303 INCLUSNE OF ClTv OF CARLSSAO TRACT
85-35, AVIAAA PHASE I - UNIT “O’, IN THE CITY OF CARLS6A0, COUNTY OF SAN OIEGO, STATE OF CAUFORNIA, ACCOROING TO MAP THEREOF NO. 12412, FLED IN THE OFFICE OF THE COUNN RECOROER OF SAN OIEGO COUNTY, JUNE 29,198s.
PARCEL F:
LOTS 304 THROUGH 309 SNCLUSIVE. OF CITY OF CARLSEAO TRACT 8535. AVIARA PHASE I UNIT “E”, IN THE CITY OF CARLfbAO, CCUNTY OF SAN OIElz3 STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12413, FILE3 IN TLE OFFICE OF THE COUNTY RECORDER OF SAN OIEGO COUNTY, JUNE 29, 1$39.
LXHIBIT “A” - P8ga 4 of 4
‘
AL DESCRIPTION OF DAVIDSON PROPERTY
PARCEL 1:
Lots 12 through 83 inclusive, of City of CarLsbad Tract 85-35, Phase I-Unit A, fn the City of Carlsbad, Csunty of San Diego, State of California, according to Hap thereof NO. 12409,, filed in the Office of t>e Czunc,~ Recorder of San Oiego County, June 29, 1989.
PARCEL 2:
Lots 310 through 361 inclusive, of City of Carlsbad Tract 85-35, Phase S-Unit E, in the City of Catlsbad, County of San Dlego, Stat0 of California, according to Map thereof No. 12413, filed in the Offlco of the County Recorder of San Diego County, June 29, 1989.
BYtxIBIT wBr - P8ga 1 of 1
-w 1 IbVI I I a I c- uu m(Iwr “Y ** m-w . -
- ,, h
THE LAN0 REFERRED fO HEREIN IS SITUATED IN IHE STATE OF CALfFORN!A,
COUNTY OF SAN DIEGO, AN0 15 DESCRi6ED AS FOLLOWS:
PARCEL 1:
LOTS 6, 7, 8 AND 9 OF CITY OF CARLSBAO TRACT NO. 85-35 AVIARA PHASE
l-UNIT A, IN THE CITY OF CARLSBAD, COUNTY OF SAN OIEGO, STATE OF CALIFORNIA. ACCORDING TO MAP THEREOF NO. 12409, FILED IN THE OFFICE QF
THE COUNTY RECORDER OF SAN DIEGO COUNTY JUNE 29, 1989,
PARCEL 2:
AN EASEMENT FOR GENERAL UTILITY AN0 ACCESS PURPOSES OVER, UNDER, ALONG
AN0 ACROSS, ALL THAT PORTION OF SECTIONS 26, 27 AN0 34 OF TOWNSHIP 12
SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD,
COUNTY OF SAN OIEGO, STATE OF CALIFORNIA, ACCOROING TO OFFICIAL PLAT
THEREOF, AS SHOWN ON RECORO OF SURVEY MAP NO. 10774, RECORDED
OCTO6ER 30, 1986, AS FILE NO. 86-494180, BEING MORE PARTICULARLY
DESCRI8ED AS FOLLOWS:
6EGINNING AT AN ANGLE POINT IN THE BOUNOARY LINE OF SAIO RECORO OF SURVEY MAP NO. 10774, DEFINE0 AS THE INTERSECTION OF THE LINES BEARING
NORTH 89’19’14” WEST AN0 NORTH 00’42’22” WEST; THENCE LEAVING SAIO
BOUNOARY LINE SOUTH 31’09’02” WEST 1614.40 FEET TO A POINT ON THE ARC OF A 1001.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY, A RADIAL TO SAID POINT BEARS SOUTH 23’50’22” WEST; THENCE SOUTH 32°00’02” WEST 197.10 FEET; THENCE SOUTH lS”OO’OO” WEST 243.00 FEET: THENCE SOUTH 11°54’OO” WEST 366.00 FEET; THENCE SOUTH 72’30’21” WEST 207.82 FEET: THENCE SOUTH 01’17’00” EAST 298.93 FEET: THENCE SOUTH 88’43’00” WEST 265.00 FEET: THENCE NORTH 11”26’00” WEST 205.00 FEET: THENCE NORTH 44’20’00”
WEST 70.34 FEET; THENCE SOUTH 88’01’16” WEST 60.75 FEET TO THE TRUE
POINT OF BEGINNING, SAID POINT BEING A POINT ON THE ARC-OF A 296.00
FOOT RAOIUS CURVE, CONCAVE NORTHWESTERLY, A RAOIAL TO SAID POINT 8EARS
SOUTH 58’00’59” EAST: THENCE SOUTHWESTERLY ALONG THE ARC OF SAIO
CURVE THROUGH A CENTRAL ANGLE OF 05953’56” A DISTANCE OF 30.47 FEET;
THENCE SOUTH 37’52’SS” WEST 107.86 FEET TO THE 8EGINNING OF A TANGENT
484.00 FOOT RAOIUS CURVE, CONCAVE SOUTHEASTERLY: THENCE SOUTHWESTERLY AN0 SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 42’20’56” A OISTANCE Of 357.74 FEET; THENCE SOUTH 04’28’00” EAST 78.63 FEET TO THE BEGINNING Of A TANGENT 184.00 FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 34°56’OO” A DISTANCE OF 112.18 FEET: THENCE SOUTH 39’24’00” EAST
41.79 FEET TO THE BEGINNING OF A TANGENT 25.00 FOOT RAOIUS CURVE, CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAIO CURVE THROUOn A CENTRAL ANGLE OF 07°12’08’ A DISTANCE OF 3.14 FEET TO A POINT OF CUSP WITH A 50.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, A RAOIAL TO SAID POINT BEARS SOUTH 20.29’54” EAST: THENCE WESTERLY AN0 SOUTHWESTERLY ALONG THE ARC OF SAID 50.00 FOOT CURVE THROUGH A CENTRAL ANGLE OF-37’48’12” A DISTANCE OF 32.99 FEET TO A POINT OF CUSP WITH A 25.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, A RADIAL 10 SAID POINT BEARS NORTH 58.18’06” WEST; THENCE NORTHERLY ALONG THE ARC OF SAIO 25.00 FOOT RAOIUS CURVE THROUGH A CENTRAL ANGLE OF 07’12’08” A DISTANCE OF 3.14 FEET; THENCE NORTH 39’24’00” WEST 41.79 FEET TO THE BEGINNING OF A TANGENT 216.00 FOOT RADIUS CURVE, CONCAVE EASTERLY: THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE
AMENDED 1170692 PAGE 10
EXHIBIT “B”
Page 1 of 3
. - - 7a TICOR TV’ : INSURANCE-- . 2
*
/
_I, . OF 34O56'00" A DISTANCE OF 131.70 FEET; THENCE NORTH 04'28'00" WEST
/ 76.63 FEET TO THE I3EGINNING OF A TANGENT 516.00 FOOT RADIUS CURVE,
I CONCAVE EASTERLY; THENCE NORTHERLY AN0 NORTHEASTERLY ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 27'52'52" A DISTANCE OF 251.99
FEET TO THE BEGINNING OF A REVERSE 30.00 FOOT RAOIUS CURVE, CONCAVE WESTERLY, A RADIAL TO SAID POINT BEARS SOUTH 66'35'08" EAST: THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 85’16’21” A O~iSTANCE OF 44.65 FEET; THENCE NORTH 28’08’31” EAST 30.00 FEET RADIALLY TO A POINT ON THE ARC OF A 30.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY: THENCE EASTERLY ALONG THE ARC OF SAIO CURVE THROUGH A CENTRAL ANGLE OF 85’16’21” A DISTANCE OF 44.65 FEET TO THE
BEGINNING OF A REVERSE 516,.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, A RADIAL TO SAIO POINT BEARS SOUTH 57'07'50" EAST: THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 05°00'46" A DISTANCE OF 45.14 FEET; THENCE NORTH 37’52’56” EAST I I 107.86 FEET TO THE 8EGINNING OF A TANGENT 264.00 FOOT RAOIUS CURVE,
CONCAVE NORTHERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF Ol”04’44” A OISTANCE OF 4.97 FEET; THENCE
LEAVING THE ARC OF SAID CURVE NORTH 88’01’16” EAST 39.71 FEET TO THE TRUE POINT OF BEGINNING.
NOTE : SAID EASEMENT LIES WITHIN LOT 5 OF CITY OF CARLSBAD TRACT NO. 85-35 AVIARA PHASE l-UNIT A, IN THE CITY OF CARLSBAO, COUNTY OF SAN DIEGO, ‘STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12409, FILED IN THE OFFICE OF THE COUNTY RECOROER OF SAN DIEGO COUNTY, JUNE 29, 1989.
EXHIBIT “8”
Page 2 of 3
LEGAL DESCRIPTION
PLANNING AREA 16
Lots 1, 2, 3, 4, 5, 6, 8 and 9 of CITY OF CARLSBAD TRACT 90-14 AVIARA PLANNING AREA 16, ALDEA, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 12980, filed in the Office of the County Recorder of San Diego County, October 8, 1992.
EXCEPTING THEREFROM all oil, oil rights, minerals, mineral rights, natural gas I natural gas rights, and other hydrocarbons by whatsoever name known, geothermal steam and all products derived from any of the foregoing, that may be within or under the property, together with the perpetual right of drilling, mining, exploring and operating therefor, and storing in and removing the same from the property or any other land, including the right to whipstock or directionally drill and mine from lands other than the property oil and gas wells, tunnels and shafts into, through or across the subsurface of the property, and to bottom such whipstocked or directionally drilled wells, tunnels and shafts under and beneath or beyond the exterior limits thereof, and to redrill, retunnel, equip, maintain, repair, deepen and operate any such wells or mines without however, the right to enter upon, remove, whipstock directionally drill, drill, mine, store, explore or operate through the surface or the upper five hundred feet (500) of the subsurface of the property, as reserved in that certain grant deed recorded January 31, 1990 as File No. 90-054126.
EXHIBIT "B"
- h
LEGAL DESCRIPTION
PLANNING AREA 16
Lots 1, 2, 3, 4, 5, 6, 8 and 9 of CITY OF CARLSBAD TRACT 90-14 AVIARA PLANNING AREA 16, ALDEA, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 12980, filed in the Office of the County Recorder of San Diego County, October 8, 1992.
EXCEPTING THEREFROM all oil, oil rights, minerals, mineral rights, natural gas I natural gas rights, and other hydrocarbons by whatsoever name known, geothermal steam and all products derived from any of the foregoing, that may be within or under the property, together with the perpetual right of drilling, mining, exploring and operating therefor, and storing in and removing the same from the property or any other land, including the right to whipstock or directionally drill and mine from lands other than the property oil and gas wells, tunnels and shafts into, through or across the subsurface of the property, and to bottom such whipstocked or directionally drilled wells, tunnels and shafts under and beneath or beyond the exterior limits thereof, and to redrill, retunnel, equip, maintain, repair, deepen and operate any such wells or mines without however, the right to enter upon, remove, whipstock directionally drill, drill, mine, store, explore or operate through the surface or the upper five hundred feet (500) of the subsurface of the property, as reserved in that certain grant deed recorded January 31, 1990 as File No. 90-054126.
EXHIBIT "B"
GAL DESCRIPTION OF LYON PROPrRTy
LOOS 92 and 93 of City of Carlsbad Tract 85-35, Aviara Phase- I-Unit C, fn the City of Carlsbad, County of San Diego, State of California, according to Map thereof
NO. 12411, filed in the Office of the County Recorder of San Diego County, June 29, 1989.
.
1sn: aa-.-l.Los:01~mo ExHfbIT “C” - P8go 1 of 1
tots 101 through 114 inclusive, and Lots 117 tkcugh 122 inclusive, of City of Carlsbad Tract 85-35, Phase I-Unit C, in the City of Carlsbad, County of San 3Lego, State of California, according to Map thereof No. 12411, filed in the Office of the County Recorder sf San Diego County, June 29, 1989.
PARCEL 2:
Lots 128 through 226 inclusive, of City of Carlsbad Tract 85-35, Phasa X-Unit C, in tha City of Carlsbad, County of San Diego, Stata of California, according to Map thormof No. 12411, filed in the Office of the County Recorder of San Dlego County, Juno 29, 1989.
LXllfBIT "0" - Pagm 1 of 1
-
. . ,. - ,I
SC
. -
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Lot 230 of City of Carlsbad Tract 85-35, irhase I-
ml-t D, in the City of Carlsbad, County of San Diego, State of California, according to Yap thereof
NO. 12412, filed in the Office of the County RecorPet
of San Diego County, June 29, 1989.
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.
EmIbIT "E" - P8gm 1 of 1
-
LEGAL DESCRIPTION OF BRAMALEA PRoPrRTy
Lot 90 of City of Carlsbad Tract 85-35, Aviara Phase I- Unit- 8, in the City of Carlsbad, County of San Diego, State of California, accordfng to Map thereof
No. 12410, filed fn the Office of the County Recorder
of San Dlego County, June 29, 1989.
Jsn: us-*-I.wL:o¶l~sa UmIBI? “P” - P8gm 1 of 1