HomeMy WebLinkAbout1997-04-15; City Council; 14139; Restated Rancho Carrillo Parks Agreement\,
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f ,.C’ .j.* CIT” OF CARLSBAD - AGEND= BILL
As#Ja TITLE: RESTATED RANCH0 CARRILLO DEPT. HD.* @
MTG Q/15/97 PARKS AGREEMENT
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DEP;. ”
z!E CITY ATTY
mP- 139 CITY MGR.,&
RECOMMENDED ACTION:
Adopt Resolution No. 9 + YY& approving the “Restated Ranch0 Carrillo Parks
Agreement” and authorizing the Mayor to execute the agreement as attached in Exhibit 2.
ITEM EXPLANATION:
On June 14, 1994 , the City Council adopted Resolution No 94-161 approving the Ranch0
Carrillo Parks Agreement outlining parkland dedication requirements and other various terms and conditions in conjunction with the Ranch0 Carrillo Master Plan. This agreement between the City and the developers of Ranch0 Carrillo, consisting at that time of Continental Homes , UDC Homes, Woodward / Merrill Lynch, and Scripps, was never executed.
Recently, Continental Homes has acquired the property interests of the other original
developers. Continental Homes is now the sole owner of the project. The attached
“Restated” agreement reflects this change in ownership. Otherwise, there is no change in
the provisions of the Ranch0 Carrillo Parks Agreement.
FISCAL IMPACT:
There is no fiscal impact to this action.
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EXHIBITS:
1. Resolution No. 9? - ri%
2. Restated Ranch0 Carrillo Parks Agreement
3. Original Ranch0 Carrillo Parks Agreement
4. Title Report showing ownership of Continental Homes
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- A,
RESOLUTION NO. 97-446
A RESOLUTION OF THE CITY OF CARLSBAD, CALIFORNIA,
APPROVING A RESTATED PARKS AGREEMENT BETWEEN THE
CITY OF CARLSBAD AND THE RANCH0 CARRILLO PROPERTY
OWNER.
WHEREAS, on June 6, 1994, the City Council approved the Ranch0 Carrillo
Parks Agreement between the City of Carlsbad and Ranch0 Carrillo property owners, a
copy of which is attached hereto, for dedication of additional parkland and transfer of
title to the park site to the City of Carlsbad in satisfaction of the park’s condition
contained in the Ranch0 Carrillo Master Plan, Ordinance No. NS-247; and;
WHEREAS, the Ranch0 Carrillo Parks Agreement was never executed; and
WHEREAS, subsequent to the above approved agreement, the ownership of the
Ranch0 Carrillo property has changed and Continental Homes is now the sole owner of
the Ranch0 Carrillo property; and
WHEREAS, the City Council of the City of Carlsbad, California, has determined it
necessary, desirable, and in the public interest to approve the Restated Ranch0 Carrillo
Parks Agreement, reflecting the change in ownership mentioned above.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Carlsbad, California, the following:
1. That the above recitations are true and correct.
2. That the Restated Ranch0 Carrillo Parks Agreement between the City of
Carlsbad and Continental Homes, is hereby approved.
3. That the Mayor of the City of Carlsbad is hereby authorized and directed
to execute the Restated Ranch0 Carrillo Parks Agreement for and on behalf of the City
of Carlsbad.
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PASSE.D, APPROVED, AND ADOPTED at a regular meeting of the City Council
of the City of Carlsbad, California, held on the 15th day of April , 1997, by the
following vote to wit:
AYES: Council Members Lewis, Finnila, Kulchin and Hall
NOES: None
ABSENT: Council Member Nygaard
ATTEST:
OLtL A U?tik72=h,_
ALETHA RAUTENKRANZ, City Clerk
-
.* ;r
Recording Requested By
and
When Recorded Return to:
RESTATED
PARKS AGREEMENT
FOR
CITY OF CARLFBAD - MP 139(E)
RANCH0 CARRILLO MASTER PLAN
EXHIBIT 2
RESTATED
RANCH0 CARRILLO PARKS AGREEMENT
THIS RESTATED PARKS AGREEMENT (“Agreement”) is made this 18th day of
APRIL 1997, between the CITY OF CARLSBAD, a municipal corporation of the State
of California (hereinafter referred to as “City”), and CONTINENTAL RANCH, INC., a Delaware
corporation (hereinafter referred to as “Continental Homes” or “Developer”).
RECITALS:
WHEREAS, in 1977, the City entered into an agreement (the “1977 Agreement”) with the Carrillo
Ranch0 Partnership for the dedication for park purposes of (1) a lo-acre parcel of land and (2)
structures situated thereon valued at $97,500.00. The City accepted ownership of this parcel on
&&maq/5,/~~7 . This Agreement established that the amount of land dedicated, and
the value of the improvements on this land, will be maintained on account by the City to be drawn
upon as a credit against park-in-lieu fees required by subsequent subdivisions in the Ranch0 Carrillo
Master Plan; and
WHEREAS, on July 1, 1986, the City of Carlsbad adopted Ordinance 9810 which established its
Growth Management Program which requires public facilities concurrent with need; and
WHEREAS, on September 23, 1986, the City of Carlsbad approved Resolution No. 87-97 adopting
the Citywide Facilities and Improvement Plan and Resolution No. 87-96 which established
performance standards for parks and other facilities; and
WHEREAS, on March 3, 1991, the City approved Resolution No. 91-76 adopting the Zone 18
Local Facilities Management Plan which provided a detailed description of the buildout potential
of Zone 18 including the area of the Ranch0 Carrillo Master Plan and established the public facilities
requirements for the development of this area including the requirement for the dedication of 8.5
acres of park land based on a maximum buildout of 2091 units with a population generation rate
of 2.471 residents per unit; and
WHEREAS, the City’s 1992, Growth Management Monitoring Report reduces the population
generation rate from 2,471 residents per unit to 2.318 residents per unit, based on the maximum
number of units (2091) permitted by the Zone 18 LFMP. There could be up to 4,846 residents within
the Ranch0 Carrillo Master Plan, with a requirement of three (3) acres of park land per 1,000
residents. This would generate a need for 14.5 acres of park land dedication based on these numbers;
and
WHEREAS, there is an existing park credit of 8.8 acres from the 1977 park land dedication; this
results in the requirement for a maximum dedication of an additional 5.7 acres of park land based
h:\crg\rc-parks.agt -l- 04/02/97
on the maximum buildout of 2,091 units allowed by the Zone 18 LFMP. The Ranch0 Carrillo Master
Plan only permits a maximum of 1,982 dwelling units, while the actual number of units being
constructed may be substantially less thereby significantly reducing the dedication requirement;
and
WHEREAS, Section 21.38.060(5) of the City’s Municipal Code establishes a procedure and
guidelines for the dedication of park land in Master Plans; and
WHEREAS, on February 15, 1993, the City’s Parks and Recreation Commission recommended
approval of the acreage proposed for dedication as shown on Exhibit A attached; and
WHEREAS, on &‘&KJ t 31 I??? the City duly adopted, as Ordinance No. I% - 2Lf7, the I Ranch0 Carrillo Master Plan which designates the area to be dedicated to the City for park land
and requires the Developers of the Ranch0 Carrillo Master Plan to enter into an agreement with
the City regarding said dedication; and
WHEREAS, it is the intent of the Developers of the Ranch0 Carrillo Master Plan to comply with
the requirements of all of the previous recitals.
NOW, THEREFORE, in order to implement the Ranch0 Carrillo Master Plan, Ordinance No.
fl3 * 297 , and in consideration of the mutual promises and obligations of the parties set out herein,
it is agreed as follows:
A. Owners’ Remonsibilities
1. Concurrent with the approval of the Master Plan Amendment, the Developers of
the Ranch0 Carrillo Master Plan will offer for dedication approximately 16.4 acres
free and clear of any liens as generally shown by Exhibit A (attached) and identified
as “Site Plan” by Parks and Recreation Commission Agenda Bill #293-4. This
dedication shall be accepted by the City and appropriately recorded on or before
the approval of the first final map within the Master Plan.
2. The Master Plan applicants shall ensure to the satisfaction of the City Engineer that
utilities remain available to the park site at all times during the Master Plan
development unless prior approval is secured from the City. Joint trench and wet
utilities shall be accessible to the park from Melrose Avenue or the collector street
serving Village 0 adjacent to the future entry road into the park site. A reasonable
effort shall be made to locate the stubs to the satisfaction of the City. The costs to
construct the utilities in the park will be the responsibility of the City.
3. Vehicular access to the park will be provided by the Master Plan applicants during
all phases of development of the Master Plan to the reasonable satisfaction of the
Community Services Director. After the completion of grading in the vicinity of
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the park, permanent vehicular access to the site shall be provided by the Master Plan
applicants from Melrose Avenue via an access easement through a culde-sac on
property owned by Continental Homes as generally shown on Exhibit A. This access
shall be graded to City standards with sufficient width to accommodate a 36’ curb-to-
curb road and improved with decomposed granite, to allow for an all weather access
to the park site until the City develops a permanent entrance at this location.
If Village S is not utilized by the San Marcos Unified School District for a school,
the City shall have first right of refusal to purchase Village S for park purposes. If
the City decides not to purchase Village S, then a portion of Village S, approved
by the Community Services Director, which approval shall not be unreasonably
withheld, and suitable to provide non-exclusive park access from Poinsettia Lane,
emergency vehicular access to the park, and parking for 50 cars near the traditional
entrance to the park site shall be acquired as additional park land.
The Master Plan applicants shall provide an all weather emergency vehicular/
pedestrian access, as shown on Exhibit A, between Village S and the park site at
the base of the slope created by the construction of Melrose Drive, subject only to
minor field adjustments reasonably approved by the Community Services Director.
For purposes of maintaining public utilities the Master Plan applicants shall provide
access roads acceptable to the City, as shown on Exhibit A.
Temporary security arrangements for the ranch compound and historic structures
shall be provided during grading to the satisfaction of the Community Services
Director.
The Master Plan applicants shall construct a sewer line (shown on Exhibit A) to
provide sewer service to the park site. If this sewer line must cross the creek to enter
the park site adjacent to the gate house, it shall be concealed by a pedestrian bridge
or other manner acceptance to the City.
B. City’s Responsibilities
1. Upon accepting the 16.4 acres, which includes dedication of unconstrained land in
excess of the Master Plan maximum requirement of 5.7 acres as shown on Exhibit A,
the City shall accept all maintenance and liability of all land, slopes, trails and
drainages within the dedicated area upon recordation of the transfer of ownership,
except for areas required to be maintained or monitored by owners such as riparian
mitigation. The City shall accept maintenance and liability responsibility upon
conclusion of such maintenance and monitoring obligations.
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C.
2. Upon or prior to commencement of physical development activities within the Ranch0
Carrillo Master Plan, the City shall quitclaim or vacate as appropriate any interest
in the existing access easement from Palomar Airport Road.
3. The City shall accept all access easements described in Section A (Owners’
Responsibilities) and shown on Exhibit A as being adequate to serve the City’s needs.
4. As part of the park development process, if deemed appropriate, it shall be the City’s
responsibility to provide permanent perimeter fencing.
5. Reasonable requests for access, temporary easements and other items related to the
construction of Master Plan infrastructure, such as sewer, roadway culverts and storm
drains, shall be granted by the City.
6. By this Agreement, the City acknowledges that the Master Plan applicants have met
their park land requirement through the 1977 park land dedication, the value of the
improvements on that land and the additional dedication of 16.4 acres. No park-in-lieu
fees will be required for the development of up to 1,982 units. This figure is based
on the assumption that the school site and community facility site are developed for
residential purposes. Credits for the school site (147 units) and the community facility
site (19 units) shall not be used unless and until those sites are developed for
residential purposes.
Credit Transfers and Termination. The credits may be transferred to successors. A
transferring party shall not accept payment for such credits in excess of the park-in-lieu fee
in effect at the time of such transfer. Evidence must be presented to the City by any party
wishing to record a Final Map that it has or has acquired park-in-lieu fee credits in an amount
equal to the number of dwelling units on such Final Map. It is the intention of the Master
Plan applicants and the City that the credits will be used in connection only with the 1,982
dwelling units allowed by the Master Plan. Therefore, any “unused” credits shall terminate
after all units allowed by the Master Plan have been developed.
D. Entire Agxxment and Remediq. This text and exhibits constitute the entire agreement.
This Agreement may be enforced by an action for specific performance and/or other action(s)
permitted at law or in equity. The prevailing party in such action(s) shall be entitled to
attorneys’ fees and costs of litigation provided that the parties first agree to submit any
disputes to the City Council.
h:\crg\rc-parksa@ -4- 04102197
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IN WlTNJISS WHEREOF, the parties have executed this Agreement as of the date first hereinabove
set forth.
CITY OF CARLSBAD,
a Municipal Corporation of
the State of California
ATTEST:
/ l_4& I .k
ALETHA RAUTENKRANZ, City
By:
CONTINENTAL RANCH, INC.,
a Delaware corporation
APPROVED AS TO FORM:
RONALD BALL, City Attorney
+*/ ?* 7 7
CHRISTOPHER J. CHAMBERS
President
DAVID A. LOTHER
Vice President
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CERTIFICATE OF CORPORATE RESOLUTION OF CONTINENTAL RANCH, INC.
I, Julie E. Collins, Secretary of CONTINENTAL RANCH, INC., a Delaware corporation ('lCorporation@l), do hereby certify that I am a duly elected, qualified and acting officer of the Corporation and, as such, I am familiar with the books, minutes and records of the Corporation; that no provision of the Articles of Incorporation or Bylaws of the Corporation requires that any action or signature of the Corporation be attested by a corporate officer; that there is no provision in the Articles of Incorporation or Bylaws of the Corporation limiting the power of the Board of Directors to adopt the hereinafter stated resolutions; that the following is a true and accurate copy of resolutions duly adopted by the Board of Directors of the Corporation, on October 14, 1996 either at a duly held meeting of the Board of Directors or by unanimous written consent of all members of the Board of Directors of the Corporation; and that said resolutions have not been modified, rescinded or revoked and are now in full force and effect:
RESOLVED, that one signature from the President or any of the Vice Presidents of the Corporation listed below is required for any and all documents related to planning, engineering, mapping, development or construction associated with property owned by Continental Ranch, Inc.; including but not limited to maps, easements, agreements, permits, dedications, etc.; and
RESOLVED, the following persons are and Vice Presidents of the Corporation:
Chris Chambers Donald R. Loback W. Thomas Hickcox Donald W. MacKay David Lother
the duly elected President
President Vice President Vice President Vice President Vice President
RESOLVED FURTHER, that one signature from the President or any of the above-designated Vice Presidents is sufficient by itself to bind the Corporation in furtherance of these Resolutions.
WITNESS my hand on this 14th day of October, 1996.
CONTINENTAL RANCH, INC., a Delaware corporation
BY Jflie E. Collins Secretary
I 1 .I’ /
ALLPIJRC SE
personally appeared
&Q&sonally known to me
to be the person@whose nam@j&@subscribed to the
acted, executed the instrument.
WITNESS my hand and official seal.
Stgnature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons re/ying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: iGLYu?d fb//a P& Pm
Document Date: Number of Pages: 5 6
Signer(s) Other Than Named Above:
Capacityties) Claimed by Signer(s)
r’s Name: LLd A. o&c&i-
0 Individual
0 Attorney-in-Fact
Cl Trustee
0 Guardian or Conservator
0 Other:
I I
Signer Is Representing: I I
q Individual
P orporate Officer
Title(s): \/;CF H
LII Partner - i .; Limited KI General
0 Attorney-in-Fact
0 Trustee-
l? Guardian or Conservator
II! Other:
Signer Is Representing:
0 IY96 Na11on.d Nolary Assoc~al~on * 8236 Hemmet Ave PO Box 7184 - Canoga Park. CA91309-7184
Recording Requested By
and When Recorded Return To:
PARKS AGREEMENT
FOR
CXTY OF CARLSBAD - MP 139(E)
RANCH0 c- MASTER PLAN
EXHIBIT 3
RANCH0 CARRILLO PARKS AGREEMENT
THIS 1994 PARKS AGREEMENT (“Agreement”) is made this day of 1994 between the CITY OF CARLSBAD, a municipal corporation of the State of California
(hereinafter referred to as “City”) and L&W Investments, Inc., a California corporation, dba
Continental Homes (hereinafter referred to as “Continental Homes” or Developer) and Realty
Dealers Ltd. (hereinafter referred to as “UDC” or Developer). T
RECITALS
WHEREAS, in 1977 the City entered into an agreement (the * 1977 Agreement”) with the
Carrillo Ranch0 Partnership for the dedication for park purposes of a (i) 10 acre parcel of land
and (ii) structures situated thereon valued at $97,X0.00. The City accepted ownership of this
parcel on February 15, 1977. This agreement established that the amount of land dedicated and
the value of the improvements on this land will be maintained on account by the City to be
drawn upon as a credit against park-in-lieu fees required by subsequent subdivisions in the
Ranch0 Carrillo Master Plan; and
Whereas on July 1, 1986 the City of Carisbad adopted Ordinance 9810 which established its
Growth Management Program which requires public facilities concurrent with need; and
Whereas on September 23, 1986 the City of Carlsbad approved Resolution No. 87-97 adopting the Citywide Facilities and Improvement Plan and Resolution No. 87-96 which established
performance standards for parks and other facilities; and
Whereas on March 3, 1991 the City approved Resolution No, 91-76 adopting the Zone 18 Local
Facilities Management Plan which provided a detailed description of the buildout potential of
Zone 18 including the area of the Ranch0 Carrillo Master Plan and established the public
facilities requirements for the development of this area including the requirement for the
dedication of 8.5 acres of park land based on a maximum buildout of 2091 units with a
population generation rate of 2.471 residents per unit; and
Whereas the City’s 1992 Growth Management Monitoring Report reduces the population
generation rate from 2.471 residents per unit to 2.318 residents per unit, based on the maximum
number of units, 2091, permitted by the Zone 18 LFMP there could be up to 4,846 residents
within the Ranch0 Canillo Master Plan, with a requirement of three (3) acres of park land per
1,000 residents this would generate a need for 14.5 acres of park land dedication based on these
numbers; and ,
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Whereas there is an existing park credit of 8.8 acres from the 1977 park land dedication, this
results in the requirement for a maximum dedication of an additional 5.7 acres of park land,
based on the maximum buildout of 2,091 units allowed by the Zone 18 LIMP. The Pancho
Carrillo Master Plan only permits a maximum of 1,982 dwelling units, while the actual number
of units being constructed may be substantially less thereby significantly reducing the dedication
requirement; and
Whereas, Section 21.38.060(5) of the City’s Municipal Code establishes a procedure and
guidelines for the dedication of park land in Master Plans; and
Whereas, on February 15, 1993 the City’s Parks and Recreation Commission recommended
approval of the acreage proposed for dedication as shown on Exhibit A, attached; and
Whereas, on August 3, 1993, the City duly adopted, as Ordinance No, NS-247, the Ranch0
Canillo Master Plan which designates the area to be dedicated to the City for park land and
requires the Developers of the Ranch0 Canillo Master Plan to enter into an agreement with the
City regarding said dedication; and
Whereas, it is the intent of the Developers of the Ranch0 Carrillo Master Plan to comply with the requirements of all of the previous recitals.
NOW, THEREFORE, in order to implement the Ranch0 Carrillo Master Plan, Ordinance No.
NS-247, and in consideration of the mutual promises and obligations of the parties set out
herein, it is agreed as follows:
A. Owners’ Responsibilities
1. Concurrent with the approval of the Master Plan Amendment, the developers of
the Ranch0 Carrillo Master Plan will offer for dedication approximately 16.4
acres free and clear of any liens as generally shown by Exhibit “A” and identified
as “Site Plan” by Parks and Recreation Commission Agenda Bill #293-4. This
dedication shall be accepted by the City and appropriately recorded on or before
the approval of the first foal map within the Master Plan.
2. The Master Plan applicants shall ensure to the satisfaction of the City Engineer ,
that utilities remain available to the park site at all times during the Master Plan
development unless prior approval is secured from the City. Joint trench and wet
utilities shall be accessible to the park from Melrose Avenue or the collector
street serving Village 0 adjacent to the future entry road into the park site. A
reasonable effort shall be made to locate the stubs to the satisfaction of the City. The costs to bring the utilities into the park will be the responsibility of the City.
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3.
After the completion of grading in the
the site shall be provided by the Master Plan applicants from Melrose Avenue via an access easement through
a cul-de-sac on property owned by Continental Homes as generally shown on
Exhibit A. This access shall be graded to City standards with sufficient width to
accommodate a 36’ curb-to-curb road and improved with decomposed granite, to
allow for an all weather access to the park site, until the City develops a
permanent entrance at this location.
4. If Village S is not utihzed by the San Marcos Unified School District for a school
site, the City of Carlsbad shall have first right of refusal to purchase Village S
for park purposes. If the City decides not to purchase Village S, then a portion
of Village S, approved by the+Z&.s and Recreation D.u&%r, which approval
shall not be unreasonably withheld, and suitable to provide non-exclusive park
access from Poinsettia Lane, emergency vehicular access to the park and parking
for 50 cars near the traditional entrance to the park site shall be dedicated as
additional park land.
5. The Master Plan applicants shalI provide an aII weather emergency
vehicular/pedestrian access, as shown on Exhibit A, between Village S and the
park site at the base of the slope created by the construction of Me
subject only to minor field adjustments reasonably approved by th
6. For purposes of maintaining public utilities the Master Plan applicants shall
provide access roads, acceptable to the City, as shown on Exhibit A.
7. Temporary security arrangements for the ranch compound and historic structures
shall be provided during grading to the satisfaction of the
J?zE+-
8. The Master Plan applicants shalI construct a sewer line (shown on Exhibit A) to
provide sewer service to the park site. If this sewer line must cross the creek to
enter the park site adjacent to the gate house, it shall be concealed by a pedestrian
bridge or other manner acceptable to the City.
B. City’s Responsibilities
1.
2.
3.
4.
5.
6.
Upon accepting the 16.4 acres, which includes dedication of unconstrained land
in excess of the Master plan maximum requirement of 5.7 acres as shown on
Exhibit A, the City shall accept all maintenance and liability of all land, slopes,
trails and drainages within the dedicated area upon recordation of the transfer of
ownership, except for areas required to be maintained or monitored by owners such as riparian mitigation. The City shall accept maintenance and liability responsibility upon conclusion of such maintenance and monitoring obligations.
Upon or prior to commencement of physical development activities within the
Ranch0 Carrillo Master Plan the City shall quitclaim or vacate as appropriate any
interest in the existing access easement from Palomar Airport Road.
The City shall accept all access easements described in Section A (Owners
Responsibility) and shown on Exhibit A as being adequate to serve the City’s
needs.
As part of the park development process, if deemed appropriate, it shall be the
City’s responsibility to provide permanent perimeter fencing.
Reasonable requests for access, temporary easements and other items related to
the construction of Master Plan infrastructure such as sewer, roadway culverts
and storm drains shall be granted by the City.
By this agreement, the City acknowledges that the Master Plan applicants have
met their park land requirement through the 1977 park land dedication, the value
of the improvements o’n that land and the additional dedication of 16.4 acres. No park-in-lieu fees will be required for the development of up to 1,982 units. This
figure is based on the assumption that the school site and community facility site
are developed for residential purposes. Credits for the school site (Continentai
Homes 43 units plus UDC 104 units) and the community facility site (Continental Homes - 19 units) shall not be used unless and until those sites are developed for
residential purposes.
Dwelling unit credits have been allocated among the property owners as shown on Exhibit B, attached. No distinction between attached or detached dwelling
units is intended.
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8. / Credit Transfers and Termination - The credits may be transferred amertg4e
bll#ltte^nm’Ato their successors. A transferring party shall not accept payment for such credits in excess of the park-in-lieu fee in effect at the time of
such transfer. Evidence must be presented to the City by any party wishing to record a Final Map that it has or has acquired park-in-lieu fee credits in an
amount equal to the number of dwelling units on such Final Map. It is the intention of the Master Plan applicants and the City that the credits will be used
in connection only with the 1,982 dwelling units allowed by the Master Plan.
Therefore, any “unused” credits shall terminate after all units allowed by the
Master Plan have been developed.
This text and exhibits constitute the entire agreement. This agreement may be enforced by an
action for specific performance and/or other action(s) permitted at law or in equity. The
prevailing party in such action(s) shall be entitled to attorney’s fees and costs of litigation
provided that the parties first agree to submit any dispute to the City Council.
LN WITNESS WHEREOF, the parties have executed this Agreement of the date
first hereinabove set forth.
ATTEST:
CITY OF CARLSBAD
A Municipal Corporation of the
State of California
BY 45 CLAUDE A. LEWIS, Mayor 6
ALETHA RAUTENKRANZ, City Clerk
APPROVED AS TO FORM:
L & W INVESTMENTS, INC., a California 4
corporation, dba. Continental Homes
RONALD BALL, City Attorney
‘Vice President
REALTY DEALERS LTD.
By &?d&‘k l /
PAT McCARDLE
5
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EXHIBIT B
DWELLING UNIT CREDIT ALLOCATION
Pursuant to the 1977 Park Agreement 10 acres of park land with structures valued at $97,500
were dedicated to the City of Carlsbad. Of this 10 acres, 1.73 acres were credited to the
existing Ponderosa Homes project resulting in a remaining credit of 8.27 acres. The Ranch0
Ctillo Master Plan Amendment will provide, at a minimum, 5.7 net acres of unconstrained
iark land for a total of 13.97 net acres of park land. Per agreements between the property
owners, the following credits have been established for this park land and structures dedication:
Woodward/Merrill Lynch: 4.38 acres 31.35%
Continental Homes: 8.59 acres 61.50%
UDC: 1.00 acres 7.15%
Scripps: 0.00 acres 0.00% -------------- ---------_-
Total 13.97 acres 100.0%
The Ranch0 Carrillo Master plan allows for a maximum of 1982 residential units assuming the
school site and community facility site are developed for residential purposes. For purposes of
calculating park credits, the following formula will be utilized:
Maximum number of units allowed by the Ranch0 Canillo Master Plan (1,982) divided
by the net dedicated park a&age, 13.97 acres equals 141 units per acre of park credit
for each of the property owners of the Ranch0 Carrillo Master Plan:
Woodward/Merrill Lynch:
Continental Homes:
UDC:
Scripps:
Total
621 dwelling units 1,219 dwelling units
142 dwelling units
0 dwelling units ---------------------
1,982 dwelling units
Page 1 of 2
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No distinction between single family and multifamily units shall be made for purposes of
applying the above credits. For example, if UDC wished to build 50 condominium units and
50 single family units they would pay no park-in-lieu fees and their remaining dwelling unit
credits would be reduced from 142 to 42.
Credits for the school site (Continental Homes 43 units, UDC 104 units) and the community
facility site (Continental Homes 19 units) shall not be used unless and until those sites are
developed for residential purposes.
Agreed and Acknowledged:
L & W INVESTMENTS, INC., a California Corporation, dba. Continental Homes
BY CHRISTOP- 3. CHAMBERS
Vice President.
2* rz*qcf
Date
BY & -JJ- ciq
LAURIE. E. - ~EdLl Date
Ya Secretary
REALTY DEALERS LTD.
BY 34?---9~
SCRIPPS HOSPITAL
JIM LEARY Date
WOODWARD
Page2of2
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No distinction between single family and multifamily units shall be made for purposes of
applying the above credits. For example, if UDC wished to build 50 condominium units and 50 single family units they would pay no park-in-lieu fees and their remaining dwelling unit
credits would be reduced from 142 to 42.
Credits for the school site (Continental Homes 43 units, UDC 104 units) and the community
facility site (Continental Homes 19 units) shall not be used unless and until those sites are
developed for residential purposes.
Agreed and Acknowledged:
L & W INVESTMENTS, INC., a California Corporation, dba. Continental Homes
BY 2. 22-4Y
CHRISToPH%! I. CHAMBERS Date
Vice President c. L-L!?!??
LAURIE. E. wr-m-?s Qacba
,,Q+adM Secretary
s-J>- ‘iq
Date
ALL-PURPOSE ACKNOWLEDGMENT No. 5119
Stateof
county of .sLw br cG0
OnuLforeme, DATE woc MP&$! /I)~TH/L~ eduf wa.nlEOFoFFlcER-E.cL’JANEoazNoTNtYPbgUC
personalty appeared 4n /L. enmr’dc~ I @@wa of SW * /
0 personalty known to me - OR - 6 proved to me on the basis of satisfactory evidence
to be the perso~se llaine(c)-im
subscribed to the within instrument and
acknowledged to me that he/w
executed the same in his/beHve+
authorized capacityw and that by
his/her/their signature@j on the instrument
the persoNor the entity upon behalf of
which the persomacted, executed the
instrument.
VVitn
CAPACITY CLAIMED BY SIGNER
[3 INDIVIDUAL
0 CORPORATE
DfFlCER(S) TrnEcs, 0 PARTNER(S) 0 LIMITED
0 GENERAL q AllORNEY-lN-fACl
0 ~u==tS) i
0 GUAADWXONSERVATOR I L
-El
/
OTHER:
SIGNER IS REPRESENTlNG: NME OF PERsuqs) OR ENnTY(L~
ATTENllON NOTARY: dw
THIS CERTIFICATE MUST BE AlTACHED TO THE DOCUMENT
requested bdow is OPTtONAL itadd pn
Title or Type of Document
Number of Pages
Dt%iCRlBED AT %HT: Sionerfs) Other than Named Above - ., ~._-__--.._- -F_..---
$2
. . **
ORDER NO. 1144050-6
FIRST AMERICAN TITLE INSURANCE COMPANY 411 IVY STREET, SAN DIEGO, CALIFORNIA 92101 P-0. BOX 808, SAN DIEGO, CALIFORNIA 92112 (619) 238-1776
MARCH 20, 1997
CONTINENTAL HOMES 12636 HIGH BLUFF DR. #300 SAN DIEGO, CA 92130
ATTN: DAVID LOTHER
YOUR REF: CARRILLO RANCH OUR ORDER NO. 1144050-6
IN RESPONSE TO THE HEREIN REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, THIS COMPANY HEREBY REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS OF THE DATE HEREOF, A POLICY OR POLICIES OF TITLE INSURANCE DESCRIBING THE LAND AND THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT SHOWN OR REFERRED T'3 AS OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY FORMS.
THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID PCLICY OR POLICIES ARE SET FORTH HEREIN. COPIES OF THE POLICY FORMS SHOULD
BE READ. THEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS RE'ORT.
PLEASE READ THE EXCEPTIONS SHOWN OR REFERRED TO BELOW AND THE
EXCEPTIONS AND EXCLUSIONS SET FORTH IN EXHIBIT A OF THIS REPORT CAREFULLY. THE EXCEPTIONS AND EXCLUSIONS ARE MEANT TO PROVIDE YOU
WITH NOTICE OF MATTERS WHICH ARE NOT COVERED UNDER THE TERMS OF THE
TITLE INSURANCE POLICY AND SHOULD BE CAREFULLY CONSIDERED.
IT IS IMPORTANT TO NOTE THAT THIS PRELIMINARY REPORT IS NOT A WRITTEN
REPRESENTATION AS TO THE CONDITION OF TITLE AND MAY NOT LIST ALL LIENS, DEFECTS, AND ENCUMBRANCES AFFECTING TITLE TO THE LAND.
THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED
SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF
TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED
THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED.
DATED AS OF MARCH 17, 1997 AT 7:3c) A.M.
/l2L+A&& DIANNE LIVINGS??ON - TITLE @FICEg DIRECT DIAL PHONE 231-4654 FAX NO. 231-4647
PAGE 1 EXHIBIT .4 ~~
,. I.
ORDER NO. 1144050-6
THE FORM OF POLICY TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS:
TO BE DETERMINED
TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN:
CONTINENTAL RANCH, INC., A DELAWARE CORPORATION, AS TO PARCELS 1, 2, 3 AND 7; CONTINENTAL RANCH, INC., A DELAWARE CORPORATION FORMERLY KNOWN AS RANCH0 CARRILLO, INC., A DELAWARE CORPORATION, AS TO PARCELS
4, 5&6
THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS:
FEE
THE LAND REFERRED TO HEREIN IS DESCRIBED AS FOLLOWS:
(SEE ATTACHED LEGAL DESCRIPTION)
AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY FORM WOULD BE AS FOLLOWS:
7 i. GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 1997-98, A LIEN, NOT YET PAYABLE.
2. SECOND INSTALLMENT, GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 1996-97, A LIEN NOT YET DELINQUENT.
3. THE LIEN OF SUPPLEMENTAL TAXES OR ASSESSMENTS, IF ANY, ASSESSED PURSUANT TO CHAPTER 3.5 COMMENCING WITH SECTION 75 OF THE CALIFORNIA REVENUE AND TAXATION CODE AND ANY OTHER APPLICABLE STATUTES OF THE CALIFORNIA REVENUE AND TAXATION CODE.
4. SUPPLEMENTAL TAXES:
THE REQUIREMENT THAT THIS COMPANY BE FURNISHED WITH ALL SUPPLEMENTAL TAX BILLS, IF ANY, FROM THE OWNER OF THE HEREIN DESCRIBED PROPERTY BEFORE CLOSE OF ESCROW.
5. RIGHTS OF THE PUBLIC IN AND TO ANY PORTION OF THE HEREIN DESCRIBED PROPERTY LYING WITHIN ROADS, STREETS OR HIGHWAYS.
PAGE 2
ORDER NO. 1144050-6
THE FOLLOWING ITEMS AFFECT PARCEL 1:
5 . A 60 FOOT WIDE EASEMENT AND RIGHT OF WAY FOR PUBLIC ROAD PURPOSES
OVER AND ACROSS ROAD SURVEY NO. 757 ACCORDING TO MAP ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR AND AS GRANTED TO THE COUNTY OF SAN DIEGO BY DEED RECORDED OCTOBER 2, 1940 IN BOOK 1068, PAGE 496 OF OFFICIAL RECORDS, LOCATED WITHIN THE NORTH HALF OF THE SOUTHWEST QUARTER AND THE NORTHWEST QUARTER OF THE SOUTHEAST QIJARTER OF SECTION 18 HEREIN DESCRIBED.
SAID INSTRUMENT ALSO GRANTS THE PRIVILEGE AND RIGHT TO EXTEND AND MAINTAIN DRAINAGE STRUCTURES AND EXCAVATION AND EMBANKMENT SLOPES
BEYOND THE LIMITS OF SAID RIGHT OF WAY WHERE REQUIRED FOR THE CONSTRUCTION AND MAINTENANCE THEREOF.
AND THE UNDERSIGNED THE SAID GRANTORS DO HEREBY WAIVE ALL CLAIM FOR COMPENSATION FOR ANY AND ALL DAMAGES ON ACCOUNT OF THE LOCATION, ESTABLISHMENT AND CONSTRUCTION OF SAID HIGHWAY.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
7. AN AGREEMENT REGARDING PAYMENT OF A PUBLIC FACILITIES FEE, DATED
JULY 27, 1981, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: CARRILLO ASSOCIATES, A PARTNERSHIP AND THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION. RECORDED: OCTOBER 5, 1981 AS FILE NO. 81-315860 OF OFFICIAL RECORDS.
8. THE EFFECT, IF ANY, OF RECORD OF SURVEY MAP NOS. 6416, 8429, 9112, AND 9461, WHICH SETS FORTH, OR PURPORTS TO SET FORTH, CERTAIN DIMENSIONS AND BEARINGS OF THE HEREIN DESCRIBED PROPERTY.
9. NOTE: A CERTIFICATE OF COMPLIANCE AFFECTING THE HEREIN DESCRIBED PROPERTY WAS RECORDED JULY 20, 1982 AS FILE NO. 82-221295 OF
OFFICIAL RECORDS.
PAGE 3
ORDER NO. 1144050-6
10. AN UNRECORDED DEVELOPMENT AGREEMENT, DATED JUNE 14, 1984, UPON THE TERMS AND CONDITIONS THEREIN PROVIDED, AS DISCLCSED BY A MEMORANDUM OF DEVELOPMENT.
EXECUTED BY AND BETWEEN: DON E. WOODWARD, MEISTER DEVELOPMENT CORPORATION, AETNA CAPITAL COMPANY, AND CARRILLO RANCH PARTNERSHIP. RECORDED: JULY 26, 1984 AS FILE NO. 84-284010 OF OFFICIAL RECORDS.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
11. NGTE: A CERTIFICATE OF COMPLIANCE AFFECTING THE HEREIN DESCRIBED PROPERTY WAS RECORDED FEBRUARY 27, 1986 AS FILE NO. 86-078028 OF OFFICIAL RECORDS.
12. AN EASEMENT FOR PUBLIC ROAD, UTILITY AND INCIDENTAL PURPOSES IN FAVOR OF THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION, RECORDED MARCH 10, 1986 AS FILE NO. 86-092507 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF RECORD OF SURVEY NO. 9112 ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SAID STATE OF CALIFORNIA, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE ALONG THE WESTERLY LINE THEREOF SOUTH 2"36'40" EAST 384.39 FEET TO A POINT ON THE NORTHERLY SIDELINE OF PALOMAR AIRPORT ROAD PER ROAD SURVEY NO. 757; THENCE SOUTH 2"38'00" EAST 28.51 FEET TO A POINT ON THE ARC OF A 1200 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 2OO3'04" EAST, SAID POINT LYING ON THE CENTERLINE OF PALOMAR AIRPORT ROAD AND ALSO HEREINAFTER KNOWN AS "POINT A"; THENCE CONTINUING ALONG SAID WESTERLY LINE SOUTH 2O38'00" EAST 3520.68 FEET; THENCE LEAVING SAID WESTERLY LINE SOUTH 89O18'32" EAST 256.31 FEET; THENCE SOUTH OOO3'46" EAST185.20 FEET; THENCE NORTH 54"40'00" EAST 2065.80 FEET; THENCE NORTH 8O51'23" EAST 1907.40 FEET TO A POINT ON THE SOUTHERLY LINE OF PALOMAR AIRPORT ROAD; THENCE NORTH 21O26'31" WEST 30.00 FEET TO A POINT ON THE CENTERLINE OF SAID ROAD AND THE BEGINNING OF A 1000.00 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE WESTERLY ALONG THE ARC OF SAID CURVE AND SAID CENTERLINE, THROUGH A CENTRAL ANGLE OF 43O43'09" A DISTANCE OF 763.04 FEET; THENCE NORTH 67O43'22" WEST 1326.28 FEET; THENCE LEAVING SAID CENTERLINE NORTH OOO3'46" WEST 491.85 FEET TO A POINT ON THE NORTHERLY LINE OF SAID RECORD OF SURVEY; THENCE WESTERLY ALONG SAID NORTH LINE, NORTH 88O37'38" WEST 432.70 FEET TO THE TRUE POINT OF BEGINNING. ALL AS SHOWN ON
SAID RECORD OF SURVEY NO. "112.
THE CENTERLINE OF SAID 126.00 FOOT EASEMENT BEING DESCRIBED AS FOLLOWS:
PAGE 4
ORDER NO. 1144050-6
BEGINNING AT "POINT A" OF THE ABOVE DESCRIBED PARCEL OF LAND; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF RECORD OF SURVEY NO. 9112 SOUTH 2O38'00" EAST 41.00 FEET TO THE TRUE POINT OF BEGINNING, BEING A POINT ON THE ARC OF A 2200.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL TO SAID POINT BEARS NORTH 3059' 00" EAST; THENCE LEAVING SAID WESTERLY LINE, EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 18O17'38" A DISTANCE OF 702.44 FEET; THENCE TANGENT TO SAID CURVE SOUTH 67O43'22" EAST 554.42 FEET TO THE BEGINNING OF A TANGENT 2200.00 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 43O43'09" A DIST-ANCE OF 1578.70; THENCE TANGENT TO SAID CURVE NORTH 68O33'29" EAST 1044.15 FEET TO THE BEGINNING OF A TANGENT 6000.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROCJH A CENTRAL ANGLE OF 5O39'05" A DISTANCE OF 591.81 FEET; THENCE TANGENT TO SAID CURVE NORTH 74O12'34" EAST 454.40 FEET TO THE BEGINNING OF A TANGENT 3000.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF OO52'58" A DISTANCE OF 46.22 FEET TO THE POINT OF TERMINATION. SAID POINT LYING ON THE EASTERLY LINE OF RECORD OF SURVEY NO. 9112, BEING SOUTH OO39'50" WEST 76.25 FEET FROM THE NORTHEAST CORNER THEREOF.
THE SIDELINES OF SAID EASEMENT SHALL BE 63.00 FEET MEASURED AT RIZHT ANGLES AND PARALLEL WITH THE ABOVE DESCRIBED CENTERLINE AND SHALL BE EXTENDED OR SHORTENED TO BEGIN ON THE WESTERLY BOUNDARY OF SAID RECORD OF SURVEY NO. 9112 AND PASS THROUGH THE POINT OF BEGINNING AND TO TERMINATE ON A LINE THAT BEARS NORTH OO39'50" EAST AND PASS THROUGH THE POINT OF TERMINATION.
EXCEPTING THEREFROM THAT PORTION NOT LYING WITHIN THE ABOVE DESCRIBED PARCEL OF LAND.
13. NOTE: A CERTIFICATE OF COMPLIANCE AFFECTING THE HEREIN DESCRIBED PROPERTY WAS RECORDED JULY 9, 1987 AS FILE NO. 87-385114 OF OFFICIAL RECORDS.
14. AN AGREEMENT REGARDING THE PAYMENT OF A PUBLIC FACILITIES FEE,
DATED JULY 15, 1991, UPON THE TERMS, COVENANTS, AND CONDITIONS
CONTAINED THEREIN.
EXECUTED BY AND BETWEEN: WOODWARD VENTURES LTD., A
CALIFORNIA LTD. PARTNERSHIP; MERRILL LYNCH PRIVATE CAPITAL, INC., A DELAWARE CORPORATION AND THE CITY OF CARLSBAD, A MUNICIPAL CGRPORATION. RECORDED: AUGUST 5, 1991 AS FILE NO. 91-0390281 OF OFFICIAL
RECORDS.
PAGE 5
ORDER NO. 1144050-6
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
AN AGREEMENT REGARDING HOLD HARMLESS AGREEMENT "SLOPE AND TEMPORARY EASEMENT OF CONSTRUCTION GRANTED TO THE CITY OF
CARLSBAD", DATED (NOT SHOWN), UPON THE TERMS, COVENANTS, AND
CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: MLHM, INC., A CALIFORNIA CORPORATION AND WOODWARD VENTURES, LTD., A CALIFORNIA LIMITED FARTNERSHIP AND THE CITY OF CARLSBAD. RECORDED: SEPTEMBER 29, 1992 AS FILE NO. 1992-0616156 OF OFFICIAL RECORDS.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
15. AN EASEMENT FOR A TEMPORARY EASEMENT FOR CONSTRUCTION AND SLOPE AND INCIDENTAL PURPOSES IN FAVOR OF THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION, RECORDED DECEMBER 10, 1992 AS FILE NO.
1992-0791106 OF OFFICIAL RECORDS.
THE ROUTE OF SAID EASEMENT IS SET OUT IN SAID DOCUMENT AND AFFECTS A PORTION OF THE HEREIN DESCRIBED PROPERTY.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
17. NOTE: A CERTIFICATE OF COMPLIANCE AFFECTING THE HEREIN DESCRIBED PROPERTY WAS RECORDED AUGUST 17, 1994 AS FILE NO. 1994-0497668 OF OFFICIAL RECORDS.
18. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL
PRINCIPAL SUM OF $1,325,000.00, AND ANY OTHER AMOUNTS OR
OBLIGATIONS SECURED THEREBY, RECORDED NOVEMBER 27, 1996 AS FILE NO. 1996-0602258 OF OFFICIAL RECORDS. DATED: NOVEMBER 27, 1996 TRUSTOR: CONTINENTAL RANCH, INC., A DELAWARE CORPORATION TRUSTEE: FIRST AMERICAN TITLE INSURANCE COMPANY, A CALIFORNIA CORPORATION BENEFICIARY: MLHM, INC., A CALIFORNIA CORPORATION
THE FOLLOWING ITEMS AFFECT PARCELS 2 AND 3:
19. AN EASEMENT AND RIGHT OF WAY FOR PUBLIC ROAD PURPOSES OVER AND ACROSS ROAD SURVEY NO. 757 ACCORDING TO MAP ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR AND AS GRANTED TO THE COUNTY OF SAN DIEGO BY DEED RECORDED OCTOBER 2, 1940 IN BOOK 1068, PAGE 496 OF
OFFICIAL RECORDS.
PAGE 6
L. ,I -
ORDER NO. 1144050-6
SAID INSTRUMENT ALSO GRANTS THE PRIVILEGE AND RIGHT TO EXTEND AND MAINTAIN DRAINAGE STRUCTURES AND EXCAVATION AND EMBANKMENT SLOPES BEYOND THE LIMITS OF SAID RIGHT OF WAY WHERE REQUIRED FOR THE CONSTRUCTION AND MAINTENANCE THEREOF.
20. AN EASEMENT FOR SEWER LINE AND APPURTENANCES AND IKCIDENTAL PURPOSES IN FAVOR OF SAN MARCOS COUNTY WATER DISTRICT, RECORDED OCTOBER 1, 1968 AS FILE NO. 170268 OF OFFICIAL RECQRDS, 3ESCRIBED AS FOLLOWS:
AFFECTS A STRIP OF LAND 20.00 FEET WIDE IN THE EAST HALF OF THE NORTHWEST QUARTER AND THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 19, THE CENTER LINE OF SAID 20.00 FCOT STRIP BEING DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE COMMON BOUNDARY BETWEEN SAID SECTIONS
19 AND 24 WHICH IS DISTANT THEREON NORTH O"03'55" WEST 551.11
FEET FROM THE QUARTER CORNER COMMON TO SAID SECTION 19 AND 24,
BEING POINT "A" OF THIS DESCRIPTION: THENCE SOUTP 72O32'47" WEST
144.96 FEET TO THE BEGINNING OF A TANGENT 5OO.dO FOOT RADIUS
CURVE, CONCAVE NORTHERLY; THENCE WESTERLY ALONG SAID CURVE 81.62
FEET THROUGH AN ANGLE OF 9O21'11" TO A POINT ON SAID EASTERLY
LINE OF RANCH0 AGUA HEDIONDA, DISTANT NORTH 2O38'10" WEST 690.82 FEET FROM CORNER NO. 5 OF SAID RANCHO, BEING THE TRUE POINT OF
BEGINNING; THENCE RETRACING EASTERLY TO SAID POINT "A"; THENCE NORTH 72O32'47" EAST 425.99 FEET TO THE BEGINNING OF A TANGENT 500.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE EASTERLY ALONG SAID CURVE 138.00 FEET THROUGH AN ANGLE OF 15O48'48"; THENCE TANGENT TO SAID CURVE NORTH 56O43'59" EAST 48.55 FEET TO THE BECINNING OF A TANGENT 200.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE EASTERLY ALONG SAID CURVE 134.26 FEET THROUGH
AN ANGLE OF 38O27'41"; THENCE TANGENT TO SAID CURVE SOUTH
84'48'20" EAST 381.08 FEET TO THE BEGINNING OF A TANGENT 200.00
FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY
ALONG SAID CURVE 236.89 FEET THROUGH AN ANGLE OF 67O51'51"; THENCE TANGENT TO SAID CURVE NORTH 27'19'49" EAST 70.07 FEET TO
THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE 123.96 FEET
THROUGH AN ANGLE OF 28O24'31"; THENCE TANGENT TO SAID CURVE NORTH
55O44'20" EAST 53.12 FEET TO THE BEGINNING OF A TANGENT 400.00
FOOT RADIUS CURVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG SAID
CURVE 100.41 FEET THROUGH AN ANGLE OF 14O23'; THENCE TANGENT TO
SAID CURVE NORTH 41O21'20" EAST 40.78 FEET TO THE BEGINNING OF A
TANGENT 400.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE 253.62 FEET THROUGH AN ANGLE OF 36O19'42"; THENCE TANGENT TO SAID CURVE 77'41'02" EAST 606.59 FEET TO THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE,
PAGE 7
%4
ORDER NO. 1144050-6
CONCAVE SOUTHERLY; THENCE EASTERLY ALONG SAID CURVE 43.21 FEET
THROUGH AN ANGLE OF 9O54'13"; THENCE TANGENT TO SAID CURVE NORTH 5?O35'15" EAST 387.03 FEET TO THE BEGINNING OF A TANGENT 253.00
FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE EASTERLY ALONG SAID (“JJRVE 84.60 FEET THROUGH AN ANGLE OF 19'23'20"; THENCE TANGENT TO SA;D CURVE NORTH 68Oi1'55" EAST 205.33 FEET TO THE BEGINNIK OF 2 TANGENT 250.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE a_ EASTERLY ALONG SAID CURVE 95.13 FEET THROUGH AN ANGLE OF 21"48'05"; THENCE TANGENT TO SAID CURVE, EAST 102.42 FEET TO THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE EASTERLY ALONG SAID CURVE 107.19 FEET THROUGH AN ANGLE OF 24O34'02"; THENCE TANGENT TO SAID CURVE SOUTH 65"25'58" EAST 263.37 FEET TO THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG SAID CURVE 130.98 FEET; THENCE AN ANGLE OF 30°01'08"; THENCE TANGENT TO SAID CURVE SOUTH 35O24'50" EAST 208.31 FEET TO THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG SAID CURVE 93.61 FEET THROUGH AN ANGLE OF 21O27'14"; THENCE TANGENT TO SAID CURVE S3UTH 55°52'04" EAST 351.49 FEET; THENCE SOUTH 60°50'13" EAST 152.27 FEET TO THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE, CGNCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG SAID CURVE 140.07 FEET THROUGH AN ANGLE OF 32OO6'08" TO A POINT ON THE EAST LINE OF SAID WEST HALF OF THE NORTHEAST QUARTER OF SECTION 19, DISTANT NORTH OOO8'43" EAST 744.12 FEET FROM THE SOUTHEAST CORNER OF SAID WEST HALF OF THE NORTHEAST QUARTER OF SECTION 19, SAID
23.00 FOOT STRIP BEGINS IN THE EASTERLY LINE OF RANCH0 AGUA
HEDIONDA AND ENDS IN THE EASTERLY LINE OF THE WEST HALF OF THE
NORTHEAST QUARTER OF SECTION 19.
ALSO: A TEMPORARY 50 FOOT WIDE EASEMENT AND SLOPE RIGHT FOR CONSTRUCTION OF AN ACCESS AND CONSTRUCTION ROAD AS REQUIRED FOR THE CONSTRUCTION OF A SEWER PIPELINES IN THE EAST HALF OF THE NORTHWEST QUARTER AND TH E WEST HALF OF THE NORTHEAST QUARTER OF
SECTION 19, THE CENTER LINE OF SAID 50 FOOT WIDE TEMPCRARY EASEMENT BEING DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE COMMON BOUNDARY BETWEEN SECTIONS 19
AND 24 OF SAID TOWNSHIP 12 SOUTH WHICH POINT IS DISTANT THEREON NORTH O"03'05" WEST, 551.11 FEET FROM THE QUARTER CORNER COMMON
TO SAID SECTION 19 AND 24; THENCE NORTH 72O32'47" EAST, 425.99
FEET TO THE BEGINNING OF A TANGENT 500.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE EASTERLY ALONG SAID CURVE 138.00 FEET THROUGH AN ANGLE OF 15O48'48"; THENCE TANGENT TO SAID CURVE NORTH 55O43'59" EAST, 48.56 FEET TO THE BEGINNING OF A TANGENT 200.00 FQOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE EASTERLY ALONG SAID CTJRVE 134.26 FEET THROUGH AN ANGLE OF 38O27'41"; THENCE TANGENT Tr, SAID CURVE SOUTH 84O48'20" EAST 381.08 FEET TO THE BEGINNING !1F A TANGENT 200.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY;
PAGE 8
ORDER NO. 1144050-6
THENCE NORTHEASTERLY ALOKS SAID CURVE 236.89 FEET THROUGH AN ANGLE OF 67O51'51"; THENCE TANGENT TO SAID CURVE XORTH 27O19'49" EAST, 70.07 FEET TO THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS
CURVE COXCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG SAID !I'JRVE 123.96 FEET THROUGH AN ANGLE OF 28O24'31"; THENCE TANGENT
TO SAID CURVE NORTH 55O44'20" EAST, 53.12 FEET TO THE BEGINNING
OF A TANGENT 400.03 FOOT RADIUS CURVE NORTHWESTERLY; THENCE
NORTHEASTERLY ALONG SAID CURVE 100.41 FEET THROUGH AN XJGLE OF 14O23'00"; THENCE TANGENT TO SAID CURVE NORTH 41°21'20" EAST 40.78 FEET TO THE BEGINNING OF A TANGENT 400.30 FOCI- RADIUS
CURVE, CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALCNG SAID CURVE NORTH 41O21'20" EAST, 40.78 FEET TO THE BEGINNING OF A TANGENT 400.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE 253.62 FEET THROUGH AN ANGLE OF
36'19'42"; THENCE "ANGENT TO SAID CURVE NORTH 77O41'02" ZAST, 606.59 FEET TO THE TRUE POINT OF BEGINNING OF SAID 50 F30T WIDE
TEMPORARY EASEMENT, SAID POINT BEING THE BEGINNING OF A 250.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE EASTERLY ALQNG SAID
CURVE 43.21 FEET THROUGH AN ANGLE OF 9'54'13"; THENCE TANGENT TO
SAID CURVE NORTH 87O35'15" EAST, 387.03 FEET TO THE BEGINNING OF
A TANGENT 250.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE
EASTERLY ALONG SAID CURVE 84.60 FEET THROUGH AN ANGLE CF
19O23'20"; THENCE TANGENT TO SAID CURVE NORTH 68O11'55" EAST
205.33 FEET TO THE BEGINNING OF A TANGENT 250.00 FOO" RADIUS
CURVE, CONCAVE SOUTHERLY; THENCE EASTERLY ALONG SAID CURVE 95.i3
FEET THROUGH AN ANGLE OF 2iO48'05" THENCE TANGENT TO SAID CURVE
EASTERLY 102.42 FEET TO THE BEGINNING OF A TANGENT 250.00 FOOT
RADIUS CURVE, CONCAVE SOUTHERLY; THENCE EASTERLY ALONG SAID CURVE
137.19 FEET THROUGH AN ANGLE OF 24O34'02"; THENCE TANGENT TO SAID
CURVE SOUTH 65O25'58" EAST, 263.37 FEET TO THE BEGINNING OF A
TANGENT 250.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE
SOUTHEASTERLY ALONG SAID CURVE 130.98 FEET THROUGH AN ANGLE OF
30°01'08"; THENCE TANGENT TO SAID CURVE SOUTH 35"24'50" EAST,
208.31 FEET TO THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS
CURVE, CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG SAID CURVE 93.61 FEET THROUGH AN ANGLE OF 21O27'14"; THENCE TANGENT TO
SAID CURVE SOUTH 56O52'04" EAST, 351.49 FEET; THENCE SOUTH 60°50'13" EAST 152.27 FEET TO THE BEGINNING OF A TANGENT 250.00
FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY
ALONG SAID CURVE 140.07 FEET THROUGH AN ANGLE OF 32OO6'08" TC A
POINT ON THE EAST LINE OF SAID WEST HALF OF THE NORTHEAST QUARTER
OF SECTION 19, DISTANT NORTH 0'08'43" EAST 744.12 FEET FRCM THE
SOUTHEAST CORNER OF SAID WEST HALF OF THE NORTHEAST QUARTER OF
SECTION 19, SAID 20.00 FOCT STRIP BEGINS IN THE EASTERL-: LINE OF
RANCH0 AGUA HEDIONDA AND ENDS IN THE EAST LINE OF THE WEST HALF
OF THE NORTHEAST QUARTER #CF SECTION 19.
PAGE 9
. . *.
ORDER NO. 1144050-6
21. AN EASEMENT FOR EITHER OR BOTH POLE LINES, UNDERGROUND CONDUITS
AND INCIDENTAL PURPOSES TOGETHER WITH THE RIGHT OF INGRESS AND
EGRESS IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY BY
INST RUMENT RECORDED MAY 30, 1973 AS FILE NO. 73-i46090 OF
r,FFICIAL RECORDS, DESCRIBED AS FOLLOWS:
TWELVE (12.00) FEET IN WIDTH, BEING 6 FEET MEASURED AT RIGHT
ANGLES, ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE:
COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF
SAID SECTION 24; THENCE ALONG THE NORTHERLY PROLONGATION OF THE
EASTERLY LINE THEREOF NORTH OO42'03" EAST 965.00 FEET; THENCE
LEAVING SAID NORTHERLY PROLONGATION NORTH 38O52'03" EAST, 989.38
FEET; THENCE SOUTH 45'36'42" EAST, 1499.41 FEET; THENCE NORTH
84O34'00" EAST, 300.94 FEET; THENCE NORTH 88°44'OO" EAST, 752.41
FEET TO THE TRUE POINT OF BEGINNING OF THE CENTER LINE HEREIN
DESCRIBED; THENCE FROM SAID TRUE POINT OF BEGINNING RETRACING
SCUTH 88O44'00" WEST TO THE EASTERLY LINE OF LOT "A" 0" RANCH0
AGUA HEDIONDA ACCORDING TO MAP THEREOF NO. 823, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEG3, BEING
A DISTANCE OF 325 FEET, MORE OR LESS.
ALSO: THAT CERTAIN STRIP OF LAND 4.00 FEET IN WIDTH, BEING 2.00
FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT SAID TRUE POINT OF BEGINNING; THENCE NORTH 15O23'18"
EAST 24.00 FEET.
SAID INSTRUMENT FURTHER RECITES: "IT IS UNDERSTOOD BY THE
PARTIES HERETO THAT THE GRANTEE MAY PLACE, ERECT AND MAINTAIN ON
THE LANDS OF THE GRANTOR ADJACENT TO THE ABOVE DESCRIBED RIGHT OF
WAY SUCH ANCHORAGE AS MAY BE NECESSARY TO PROPERLY GUY THE POWER
LINE ERECTED OVER SAID RIGHT OF WAY."
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
22. AN EASEMENT FOR ROAD AND INCIDENTAL PURPOSES IN FAVOR OF CITY OF
CARLSBAD, RECORDED FEBRUARY 24, 1977 AS FILE NO. 77-068082 OF
OFFICIAL RECORDS, LOCATED WITHIN A STRIP OF LAND 60.00 FEET IN
WIDTH, FOR ROAD PUR?OSES LYING WITHIN PORTIONS OF THE NORTH HALF
OF SECTION 19 AND THE SOUTH HALF OF SECTION 18, TOWNSHIP 12
SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING
TO OFFICIAL PLAT THEREOF, IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, THE CENTERLINE OF SAID STRIP BEING
DESCRIBED AS FOLLOWS:
PAGE 10
ORDER NO. 1144050-6
23
24.
25.
26.
27.
BEGINNING AT THE NORTH QUARTER CORNER OF SAID SECTION 19, FROM
WHICH THE NORTHWEST CORNER OF SAID SECTION 19 BEARS NORTH
Y9'39'01" WEST; THENCE NORTH 86O11'20" WEST 329.50 FEET; THENCE SOUTH 15Oi6'35" WEST 1410.75 FEET; THENCE SOUTH 24O54'09" WEST 53.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE RETRACING THE
LAST MENTIONED COURSE NORTH 24O54'09" EAST 59.00 FEET; THENCE
NORTH 21O31'51" WEST 238.97 FEET; THENCE NORTH 18OO7'34" EAST
1486.58 FEET; THENCE NORTH 15°06'41" WEST 541.75 FEET; THENCE
NORTH 14O36'45" EAST 733.41 FEET; THENCE NORTH 08°16'q4" WEST
369.00 FEET, MORE OR LESS, TO A POINT IN THE SOUTHERLY RIGHT OF
WAY LINE OF PALOMAR AIRPORT ROAD.
AN AGREEMENT REGARDING PAYMENT OF A PUBLIC FACILITIES FEE, DATED
JULY 27, 1981, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN.
EXECUTED BY AND BETWEEN: WOODWARD COMPANIES AND AETNA
CAPITAL CORPORATION AND CITY OF
CARLSBAD.
RECORDED: SEPTEMBER 25, 1981 AS FILE NO. 81-305686 OF OFFICIAL
RECORDS.
THE EFFECT, IF ANY, OF RECORD OF SURVEY MAP NO. 9112, WHICH SETS
FORTH, OR PURPORTS TO SET FORTH, CERTAIN DIMENSIONS AND BEARINGS
OF THE HEREIN DESCRIBED PROPERTY.
AN UNRECORDED DEVELOPMENT AGREEMENT, DATED JUNE 14, 1984, UPON
THE TERMS AND CONDITIONS THEREIN PROVIDED, AS DISCLOSED BY A
MEMORANDUM OF DEVELOPMENT.
EXECUTED BY AND BETWEEN: DON E. WOODWARD, MEISTER DEVELOPMENT CORPORATION, AETNA CAPITAL COMPANY, AND CARRILLO RANCH PARTNERSHIP.
RECORDED: JULY 26, 1984 AS FILE NO. 84-284010 OF OFFICIAL
RECORDS.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
AN EASEMENT FOR A PIPELINE OR PIPELINES AND INCIDENTAL PURFOSES
IN FAVOR OF SAN MARCOS COUNTY WATER DISTRICT, A PUBLIC AGENCY,
RECORDED FEBRUARY 13, 1986 AS FILE NO. 86-058612 OF OFFICIAL RECORDS, LOCATED WITHIN SAID LAND AS SET FORTH THEREIN.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
THE EFFECT, IF ANY, OF RECORD OF SURVEY MAP NO. 12232, WHICH SETS
FORTH, OR PURPORTS TO SET FORTH, CERTAIN DIMENSIONS AND BEARINGS
OF THE HEREIN DESCRIBED PROPERTY.
PAGE 11
33
-ORDER NO. 1144050-6
28. AN EASEMENT FOR STREET AND PUBLIC UTILITY AND INCIDENTAL PURPOSES
IN FAVOR OF THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION,
RECORDED MAY 13, 1992 AS FILE NO. 1992-0291297 OF OFFICIAL
RECORDS, LOCATED WITHIN PARCEL 2 AS SET FORTH THEREIN.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
29. AN EASEMENT FOR DRAINAGE AND TEMPORARY CONSTRUCTION AND INCIDENTAL PURPOSES IN FAVOR OF THE CITY OF CARLSBAD, A MUNICIPAL
CORPORATION, RECORDED MAY 13, 1992 AS FILE NO. 1992-0291298 OF
OFFICIAL RECORDS, LOCATED WITHIN PARCEL 2 AS SET FORTH THEREIN.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
30. AN AGREEMENT REGARDING PAYMENT OF A PUBLIC FACILITIES FEE, DATED
SEPTEMBER 5, 1995, UPON THE TERMS, COVENANTS, AND CONDITIONS
CONTAINED THEREIN.
EXECUTED BY AND BETWEEN: UDC HOMES INC. AND CITY OF
CARLSBAD, AMUNICIPAL CORPORATION.
RECORDED: MARCH 19, 1996 AS FILE NO. 1996-0133727 OF OFFICIAL
RECORDS.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
31. AN EASEMENT FOR A PIPELINE OR PIPELINES FOR ANY AND ALL PURPOSES,
TOGETHER WITH THEIR NECESSARY FIXTURES AND APPURTENANCES
INCLUDING BUT NOT LIMITED TO CONDUITS AND CABLES FOR POWER
TRANSMISSION AND COMMUNICATION PURPOSES, AT SUCH LOCATIONS AND
ELEVATIONS, UPON, ALONG, OVER AND UNDER THE HEREINAFTER DESCRIBED
RIGHT-OF-WAY AS GRANTEE MAY NOW OR HEREAFTER DEEM CONVENIENT AND
NECESSARY FROM TIME TO TIME, TOGETHER WITH THE RIGHT OF INGRESS
THERETO AND EGRESS THEREFROM AND INCIDENTAL PURPOSES IN FAVOR OF
VALLECITOS WATER DISTRICT, RECORDED SEPTEMBER 19, 1996 AS FILE
NO. 1996-0477223 OF OFFICIAL RECORDS, LOCATED WITHIN PARCELS 2
AND 4 AS SET FORTH THEREIN.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
32. AN UNRECORDED PURCHASE AGREEMENT, GRANT OF OPTION AND ESCROW
INSTRUCTIONS DATED SEPTEMBER 9, 1996 BY CONTINENTAL RANCH, INC.,
A DELAWARE CORPORATION ("OPTIONOR") TO DMB/AEW LANDHOLDINGS ONE,
LLC, AN ARIZONA LIMITED LIABILITY COMPANY ("OPTIONEE"), DISCLOSED
BY MEMORANDUM OF OPTION, RECORDED SEPTEMBER 30, 1996 AS FILE NO.
1996-0492686 OF OFFICIAL RECORDS.
REFERENCE IS MADE TO SAID TNSTRUMENT FOR FURTHER PARTICULARS.
PAGE 12
- h
ORDER NO. 1144050-6
-33. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL
PRINCIPAL SUM 3F $2,000,000.00, AND ANY OTHER AMOUNTS OR
OBLIGATIONS SECURED THEREBY, RECORDED SEPTEMBER 30, 1996 AS FILE
NO. 1996-0492687 OF OFFICIAL RECORDS.
DATED: SEPTEMBER 30, 1996
TRUSTOR: CONTINENTAL RANCH, INC., A DELAWARE CORPORATION
TPUSTEE: L FIRST AMERICAN TITLE INSURANCE COMPANY, A
CALIFORNIA CORPORATION
BENEFICIARY: DMB/AEW LANDHOLDINGS ONE, LLC, AN ARIZONA LIMITED
LIABILITY COMPANY
3 4 . AN EASEMENT TO ERECT, CONSTRUCT, RECONSTRUCT, REPLACE, REPAIR,
MAINTAIN AND USE A PIPELINE OR PIPELINES AND APPURTENANCES FOR
POWER TRANSMISSION AND COMMUNICATION PURPOSES, TOGETHER WITH THE
RIGHT OF INGRESS AND EGRESS AND INCIDENTAL PURPOSES IN FAVOR OF
VALLECITOS WATER DISTRICT, RECORDED OCTOBER 1, 1996 AS FILE NO.
1996-0497986 OF OFFICIAL RECORDS.
THE ROUTE OF SAID EASEMENT IS SET OUT IN SAID DOCUMENT AND
AFFECTS A PORTION OF THE HEREIN DESCRIBED PROPERTY.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
AFFECTS PARCEL 3.
35 . AN EASEMENT FOR POLES, WIRES, CABLES FOR THE TRANSMISSION AND
DISTRIBUTION OF ELECTRICITY, UNDERGROUND FACILITIES AND
APPURTENANCES FOR THE TRANSMISSION AND DISTRIBUTION OF
ELECTRICITY, COMMUNICATION FACILITIES, OVERHEAD AND/OR
UNDERGROUND AND INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO GAS &
ELECTRIC COMPANY, RECORDED DECEMBER 23, 1996 AS FILE NO. 1996-
0642348 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
12.00 FEET IN WIDTH, BEING 6.00 FEET ON EACH SIDE OF THE CENTER
LINE OF THE FACILITIES TO BE INSTALLED, THE APPROXIMATE LOCATION
BEING SHOWN AND DELINEATED AS "ELECTRIC UTILITY FACILITIES" ON
THE EXHIBIT "A" , ATTACHED THERETO AND MADE A PART THEREOF.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
THE FOLLOWING ITEMS AFFECTS PARCELS 4, 5 AND 6:
36. AN EASEMENT FOR GAS PIPE LINES AND INCIDENTAL PURPOSES IN FAVOR
OF SAN DIEGO GAS AND ELECTRIC COMPANY, RECORDED JANUARY 18, 1937
IN BOOK 615, PAGE 65 OF OFFICIAL RECORDS, WHICH AFFECTS SECTION
18 DESCRIBED AS FOLLOWS:
PAGE 13
.
h
ORDER NO. 1144050-6
BEGINNING AT A POINT ON THE WEST LINE OF SECTION 18, DISTANT
THEREON 2900.18 FEET SOUTH OF THE NORTHWEST CORNER THEREOF;
THENCE FROM SAID POINT OF BEGINNING, NORTH 87O21' EAST 4475.0
FEET; THENCE SOUTH 89O21' EAST TO THE EAST LINE OF SAID ABOVE
MENTIONED NORTHWEST QUARTER OF THE SOUTHEAST QUAR"ER OF
SECTION 18.
IT IS UNDERSTOOD AND AGREED BY THE PARTIES HERETO THAT SAID GAS
PIPE SHALL IN ALL CASES BE BURIED IN THE GQOUND AT A SUFFICIENT
DEPTH AS NOT TO INTERFERE WITH AGRICULTURAL DEVELOPMENT.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER "ARTICULARS.
AFFECTS PARCEL 4.
37. AN EASEMENT FOR EITHER OR BOTH POLE LINES, UNDERGROUND CONDUITS
AND INCIDENTAL PURPOSES TOGETHER WITH THE RIGHT OF INGRESS AND
EGRESS IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY BY
INSTRUMENT RECORDED FEBRUARY 24, 1938 IN BOOK 759, PAGE 6 OF
OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTH LINE OF THE SAID NORTHEAST
QUARTER OF SOUTHWEST QUARTER OF SECTION 19, DISTANT THEREON 245.3
FEET EASTERLY FROM THE SOUTHWEST CORNER THEREOF; THENCE FROM SAID
POINT OF BEGINNING, NORTH 2O54' EAST 1245.9 FEET; THENCE NJRTH
15045' EAST 440 FEET; THENCE NORTH 36O55' WEST 210.4 FEET.
SAID EASEMENT AFFECTS A PORTION OF SECTION 19 HEREIN DESCRI3ED.
AFFECTS PARCEL 4.
38. AN EASEMENT AND RIGHT OF WAY FOR PUBLIC ROAD PURPOSES OVER AND
ACROSS ROAD SURVEY NO. 757 ACCORDING TO MAP ON FILE IN THE Cli=FICE
OF THE COUNTY SURVEYOR AND AS GRANTED TO THE COUNTY OF SAN DIEGO
BY DEED RECORDED OCTOBER 2, 1940 IN BOOK 1068, PAGE 496 OF
OFFICIAL RECORDS.
SAID INSTRUMENT ALSO GRANTS THE PRIVILEGE AND RIGHT TO EXTEND AND
MAINTAIN DRAINAGE STRUCTURES AND EXCAVATION AND EMBANKMENT SLOPES
BEYOND THE LIMITS OF SAID RIGHT OF WAY WHERE REQUIRED FOR THE
CONSTRUCTION AND MAINTENANCE THEREOF.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
AFFECTS PARCEL 4.
PAGE 14
1
-
ORDER NO. 1144050-6
39. AN EASEMENT FOR ELECTRIC TRANSMISSION LINES TO ERECT, CONSTRUCT,
RECONSTRUCT, REPLACE, REPAIR, MAINTAIN AND USE FROM TIME TO TIME,
FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY AND FOR
TELEPHONE PURPOSES, A LINE OR LINES OF WOOD POLES OR STEEL TOWERS
OR POLES, AND WIRES OR CABLES SUSPENDED THEREON, AND SUPPORTED
THEREBY, INCLUDING WIRES FOR TELEPHONE PURPOSES AND ALL NECESSARY
AND CONVENIENT FOUNDATIONS, CROSS-ARMS AND BRACES AND INCIDENTAL
PURPOSES IN FAVOR OF SAN DIEGO CONSOLIDATED GAS AND ELECTRIC ."c;y pJQlJy , RECORDED OCTOBER 11, 1940 IN BOOK 1078, PAGE 247 OF
OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
SAID EASEMENT OF RIGHT OF WAY BEING 150 FEET IN WIDTH, THE
SOUTHWESTERLY AND NORTHEASTERLY BOUNDARY LINES OF WHICH ARE
PARALLEL WITH AND 50 FEET SOUTHWESTERLY AND 100 FEET
NORTHEASTERLY, RESP EiZTIVELY, FROM A LINE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCING AT A POINT ON THE SOUTH LINE OF SAID SECTION 18,
DISTANT THEREON 327.86 FEET WESTERLY FROM THE SOUTHEAST CORNER OF
SAID SECTION 18; THENCE NORTH 28O50'13" WEST, 2044.26 FEET, MORE
OR LESS, TO A POINT ON THE EAST LINE OF SAID NORTF'YEST QUARTER OF
SOUTHEAST QUARTER OF SECTION 18, WHICH POINT IS THE TRUE -3OINT OF
BEGINNING CONTINUING NORTH 28O50'13" WEST, A DISTANCE OF 925.3
FEET, MORE OR LESS, TO THE NORTH LINE OF SAID NORTHWEST QUARTER
OF SOUTHEAST QUARTER OF SECTION 18.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
AFFECTS PARCEL 4.
A JOINT USE AGREEMENT DATED SEPTEMBER 23, 1993, UPON THE
TERMS, COVENANTS AND CONDITIONS CONTAINED THEREIN.
EXECUTED BY AND BETWEEN: SAN DIEGO GAS & ELECTRIC, A
CORPORATION AND THE CITY OF CARLS3AD,
A MUNICIPAL CORPORATION
RECORDED: SEPTEMBER 30, 1993 AS FILE NO. 1993-0647370 OF OFFICIAL
RECORDS.
40. AN EASEMENT FOR EITHER OR BOTH POLE LINES, UNDERGROUND CONDUITS
AND INCIDENTAL PURPOSES TOGETHER WITH THE RIGHT OF INGRESS AND
EGRESS IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY BY
INSTRUMENT RECORDED NOVEMBER 21, 1951 IN BOOK 4297, PAGE 314 OF
OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE WEST LINE OF THE SOUTHEAST QUARTER OF
NORTHWEST QUARTER OF SECTION 19; DISTANT THEREON 550.23 FEET
NORTHERLY FROM THE SOUTHWEST CORNER THEREOF; THENCE FROM SAID
POINT OF BEGINNING NORTH 84O24' EAST 0.56 FEET; THENCE SOUTH
67'03'15" EAST 505.28 FEET.
PAGE 15
- A
ORDER NO. 1144050-6
ALSO: FROM THE ABOVE DESCRIBED POINT OF BEGINNING; THENCE SOUTH
84O24' WEST 1471.83 FEET; THENCE NORTH 58O37' WEST 240.00 FEET.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
AFFECTS PARCEL 4.
4 1 . THE EFFECT, IF ANY, OF RECORD OF SURVEY MAP NO. 6416, WHICH SETS
FORTH, OR PURPORTS TO SET FORTH, CERTAIN DIMENSIONS AND BEARINGS
OF THE HEREIN DESCRIBED PROPERTY.
AFFECTS PARCEL 4.
42. AN EASEMENT FOR SEWER LINE AND INCIDENTAL PURPOSES IN FAVOR OF
SAN MARCOS COUNTY WATER DISTRICT, RECORDED OCTOBER 1, 1968 AS
FILE NO. 170268 OF OFFICIAL RECC'RDS, DESCRIBED AS FOLLOWS:
AFFECTS A STRIP OF LAND 20.00 FEET WIDE IN THE EAST HALF OF THE
NORTHWEST QUARTER AND THE EAST HALF OF THE NORTHEAST QUARTER OF
SECTION 19, THE CENTER LINE OF SAID 20.00 FOOT STRIP BEING
DESCRIBED AS FOLLOWS:
EEGINNING AT A POINT ON THE COMMON BOUNDARY BETWEEN SAID SECTIONS
13 AND 24 WHICH IS DISTANT THEREON NORTH 0'03'05" WEST 551.11
FEET FROM THE QUARTER CORNER COMMON TO SAID SECTION 19 AND 24,
BEING POINT "A" OF THIS DESCRIPTION; THENCE SOUTH 72O32'47" WEST
144.96 FEET TO THE BEGINNING OF A TANGENT 500.00 FOOT RADIUS
CURVE, CONCAVE NORTHERLY; THENCE WESTERLY ALONG SAID CURVE 81.62
FEET THROUGH AN ANGLE OF 9O21'11" TO A POINT ON SAID EASTERLY
LINE OF RANCH0 AGUA HEDIONDA, DISTANT NORTH 2O38'10" WEST 690.82
FEET FROM CORNER NO. 5 OF SAID RANCHO, BEING THE TRUE POINT OF
BEGINNING; THENCE RETRACING EASTERLY TO SAID POINT "A"; THENCE
NORTH 72O32'47" EAST 425.99 FEET TO THE BEGINNING OF A TANGENT
500.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE EASTERLY
ALONG SAID CURVE 138.00 FEET THROUGH AN ANGLE OF 15O48'48";
THENCE TANGENT TO SAID CURVE NORTH 56O43'59" EAST 48.56 FEET TO
THE BEGINNING OF A TANGENT 200.00 FOOT RADIUS CURVE, CONCAVE
SOUTHERLY; THENCE EASTERLY ALONG SAID CURVE 134.26 FEET THROUGH
AN ANGLE OF 38O27'41"; THENCE TANGENT TO SAID CURVE SOUTH
84O48'20" EAST 381.08 FEET TO THE BEGINNING OF A TANGENT 200.00
FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY
ALONG SAID CURVE 236.89 FEET THROUGH AN ANGLE OF 67O51'51";
THENCE TANGENT TO SAID CURVE NORTH 27O19'49" EAST 70.07 FEET TO
THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE, CONCAVE
SOUTHEASTERLY; THENCE NORT:lEASTERLY ALONG SAID CURVE 123.96 FEET
THROUGH AN ANGLE OF 28O24'31"; THENCE TANGENT TO SAID CURVE NORTH
55O44'20" EAST 53.12 FEET TO THE BEGINNING OF A TANGENT 400.00
FOOT RADIUS CURVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG SAID
CURVE 100.41 FEET THROUGH AN ANGLE OF 14O23'; THENCE TANGENT TO
PAGE 16
ORDER NO. 1144050-6
SAID CURVE NORTH 41O21'20" EAST 40.78 FEET TO THE BEGINNING OF A
TANGENT 400.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE
NORTHEASTERLY ALONG SAID CURVE 253.62 FEET THROUGH AN ANGLE OF
36019'42". THENCE TANGENT TO SAID CURVE NORTH 77O41'02" EAST
606.59 FEET TO THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS
CURVE, CONCAVE SOUTHERLY; THENCE EASTERLY ALONG SAID CURVE 43.21
FEET THROUGH AN ANGLE OF 9O54'13"; THENCE TANGENT TO SAID CURVE
NORTH 87O35'15" EAST 387.03 FEET TO THE BEGINNING OF A TANGENT
250.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE EASTERLY ALONG SAID CURVE 84.60 FEET THROUGH AN ANGLE OF 19'23'20"; THENCE
TANGENT TO SAID CURVE NORTH 68O11'55" EAST 205.33 FEET TO THE
EEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE EASTERLY ALONG SAID CURVE 95.13 FEET THROUGH AN
ANGLE OF 21O48'05"; THENCE TANGENT TO SAID CURVE EAST 102.42 FEET TO THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE, CONCAVE
SOUTHERLY; THENCE EASTERLY ALONG SAID CURVE 107.19 FEET THROUGH
AN ANGLE OF 24O34'02"; THENCE TANGENT TO SAID CURVE SaUTH
65O25'58" EAST 263.37 FEET TO THE BEGINNING OF A TANGENT 25J.CO
FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY
ALONG SAID CURVE 130.98 FEET THROUGH AN ANGLE OF 30c01'38";
THENCE TANGENT TO SAID CURVE SOUTH 35O24'50" EAST 208.31 FEET T3
THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE, CONCAVE
NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG SAID CURVE 93.61 FEET
THROUGH AN ANGLE OF 21O27'14"; THENCE TANGENT TO SAID CURVE SCUTH
56O52'04" EAST 351.49 FEET; THENCE SOUTH 60°50'13" EAST 152.27
FEET TO THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE,
CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG SAID CURVE
140.07 FEET THROUGH AN ANGLE OF 32OO6'08" TO A POINT ON THE EAST
LINE OF SAID WEST HALF OF THE NORTHEAST QUARTER OF SECTION 19,
DISTANT NORTH OOO8'43" EAST 744.12 FEET FROM THE SOUTHEAST CORNER
OF SAID WEST HALF OF THE NORTHEAST QUARTER OF SECTION 19, SAID
2S.GO FOOT STRIP BEGINS IN THE EASTERLY LINE OF RANCH0 AGUA
HEDIONDA AND ENDS IN THE EAST LINE OF THE WEST HALF OF THE
NORTHEAST QUARTER OF SECTION 19.
ALSO: A TEMPORARY 50 FOOT WIDE EASEMENT AND SLOPE RIHT FOR
CONSTRUCTION OF AN ACCESS AND CONSTRUCTION ROAD AS REQUIRED FOR
THE CONSTRUCTIONS OF A SEWER PIPELINE IN THE EAST HALF OF THE
NORTHWEST QUARTER AND THE WEST HALF OF THE NORTHEAST QUARTER OF
SECTION 19, THE CENTER LINE OF SAID 50 FOOT WIDE TEMPORARY
EASEMENT BEING DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE COMMON BOUNDARY BETWEEN SECTIONS 19
AND 24 OF SAID TOWNSHIP 12 SOUTH WHICH POINT IS DISTANT THSRECN
NORTH O"03'05" WEST, 555.11 FEET FROM THE QUARTER CORNER CCMMON
TO SAID SECTIONS 19 AND 24; THENCE NORTH 72O32'47" EAST, 425.99
FEET TO THE BEGINNING OF A TANGENT 500.00 FOOT RADIUS CURVE,
CONCAVE NORTHERLY; THENCE EASTERLY ALONG SAID CURVE 138.00 FEET
THROUGH AN ANGLE OF 15O48'48"; THENCE TANGENT TO SAID CURVE NORTH
PAGE 17
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ORDER NO. 1144050-6
56'43'59" EAST, 48.55 FEET TO THE BEGINNING OF A TANGENT 200.00
FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE EASTERLY ALONG SAID
CURVE, 134.26 FEET THROUGH AN ANGLE OF 38O27'41"; THENCE TANGENT
TO SAID CURVE SOUTH 84O48'20" EAST 381.08 FEET TO THE BEGIKNING
OF A TANGENT 200.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY;
THENCE NORTHEASTERLY ALONG SAID CURVE 236.89 FEET THROUGH AN
ANGLE OF 67O51'51"; THENCE TANGENT TO SAID CURVE NORTH 27O19'49" EAST, 70.07 FEET TO THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS
CURVE, CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE 123.96 FEET THROUGH AN X;ZLE OF 28O24'31"; THENCE TANGENT
TO SAID CURVE NORTH 55O44'20 EAST, 53.12 FEET TO THE EEGINNI?;G OF
A TANGENT 400.00 FOOT R-ADIUS CURVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE 100.41 FEET THROUGH -K&J ANGLE OF
14O23'00"; THENCE TANGENT TO SAID CURVE NORTH 41O21'20" EAST,
40.78 FEET TO THE BEGINNING OF A TANGENT 400.00 FOOT RADIUS
CURVE, CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE 253.62 FEET THROUGH AN ANGLE OF 36O19'42"; THENCE TANGENT
TO SAID CURVE NORTH 77O41'02" EAST, 606.59 FEET TO THE TRUE POINT
OF BEGINNING OF SAID 50 FOOT WIDE TEMPORARY EASEMENT, SAID FOINT
BEING THE BEGINNING OF A 250.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE EASTERLY ALONG SAID CURVE 43.21 FEET THROUGH AN
ANGLE OF 9O54'13"; THENCE TANGENT TO SAID CURVE NORTH 87"35'15"
EAST, 387.03 FEET TO THE BEGINNING OF A TANGENT 250.00 FOOT
RADIUS CURVE, CONCAVE NORTHERLY; THENCE EASiERLY ALONG SAID CURVE
84.60 FEET THROUGH AN ANGLE OF 19O23'20"; THENCE TANGENT TO SAID
CURVE NORTH 68O11'55" EAST, 205.33 FEET TO THE BEGINNING 3F A
TANGENT 250.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE
EASTERLY ALONG SAID CURVE 95.13 FEET THROUGH AN ANGLE OF
21O48'05"; THENCE TANGENT TO SAID CURVE EAST 102.42 FEET TO THE
BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE EASTERLY ALONG SAID CURVE 107.19 FEET THROUGH
AN ANGLE OF 24O34'02"; THENCE TANGENT TO SAID CURVE SOUTH
65'25'58" EAST, 263.37 FEET TO THE BEGINNING OF A TANGENT 250.00
FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY
ALONG SAID CURVE 130.98 FEET THROUGH AN ANGLE OF 30°01'08";
THENCE TANGENT TO SAID CURVE SOUTH 35O24'50" EAST, 208.31 FEET TO
THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS CUR-YE, CCNCAVE
NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG SAID CURVE 93.61 FEET
THROUGH AN ANGLE OF 21O27'14"; THENCE TANGENT TO SAID CURVE SOUTH
56O52'04" EAST, 351.49 FEET; THENCE SOUTH 60°50'13" EAST, 152.27
FEET TO THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE,
CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG SAID CURVE
140.07 FEET THROUGH AN ANGLE OF 32OO6'08" TO A POINT ON THE EAST LINE OF SAID WEST HALF OF THE NORTHEAST QUARTER OF SECTION 19,
DISTANT NORTH OOO8'43" EAST, 744.12 FEET FROM THE SOUTHEAST
CORNER OF SAID WEST HALF OF THE NORTHEAST QUARTER OF SECTION 18,
SAID 20.00 FOOT STRIP BEGINS IN THE EASTERLY LINE OF RANCH0 AGUA
HEDIONDA AND ENDS IN THE EAST LINE OF THE WEST HALF OF THE
NORTHEAST QUARTER 02 SECTION 19.
PAGE 18
ORDER NO. 1144050-6
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
AFFECTS PARCEL 4.
13. AN EASEMENT FOR THE INSTALLATION, CONSTRUCTION, MAINTENANCE, REPAIR, REPLACEMENT, RECONSTRUCTION AND INSPECTION OF A DRAINAGE
CHANNEL AND FOR THE FLOWAGE OF ANY WATER AND INCIDENTAL PURROSES
TN FAVOR OF SAN DIEGO FLOOD CONTROL DISTRICT ZONE I, RECORDED
JUNE 22, 1971 AS FILE NO. i32730 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
Ly<ING WITHIN A 12 FOOT STRIP OF LAND SIX FEET ON EACH SIDE OF THE
FOLLOWING DESCRIBED CENTER LINE:
BEGINNING AT THE SOUTHEAST CORNER OF SECTION 24; THENCE NORTHERLY
ALONG THE EAST LINE OF SAID SECTION NORTH OO52'06" EAST, A
DISTANCE OF 1122.52 FEET TO THE TRUE POINT OF BEGINNING; THENCE
LEAVING SAID EAST LINE, NORTH 83°00'OO" WEST, A DISTANCE OF
200.00 FEET. THE SIDE LINE OF SAID 12 FOOT STRIP SHALL BE LENGTHENED OR SHORTENED TO TERMINATE IN THE EAST LINE OF SAID
SECTION 24.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
AFFECTS PARCEL 6.
44 . AN EASEMENT FOR INGRESS AND EGRESS AND INCIDENTAL PURPOSES IN
FAVOR OF THE SAN DIEGO COUNTY FLOOD CONTROL DISTRICT ZONE 1,
RECORDED DECEMBER 22, 1976 AS FILE NO. 76-430334 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWESTERLY CORNER OF LOT 553 OF LA COSTA
MEADOWS, UNIT NO. 3, MAP NO. 7076 FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY; THENCE ALONG THE WESTERLY LINE OF
SAID LOT 553, SOUTH OO"52'06" WEST, 79.62 FEET TO A POINT IN A 858.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY, A RADIAL LINE TO
SAID POINT BEARS SOUTH 15O47'52" WEST, SAID POINT BEING ALS3 THE
TRUE POINT OF BEGINNING; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 01'02'08", A DISTANCE OF 15.51
FEET; THENCE TANGENT TO SAID CURVE, NORTH 73'10'00" WEST, 120.00
FEET TO THE BEGINNING OF A TANGENT 858.00 FOOT RADIUS CURVE,
CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID
CURVE, THROUGH A CENTRAL ANGLE OF 42O55'00", A DISTANCE OF 642.67
FEET; THENCE TANGENT TO SAID CURVE, NORTH 30°15'OO" WEST, 672.77
FEET; THENCE NORTH 59O45'00" EAST, 78.76 FEET; TSENCE NORTH
38°30'OO" WEST, 354.47 FEET; THENCE SOUTH 59'45'00" WEST, 112.00
FEET; THENCE 30°15'OO" EAST, 1,022.27 FEET TO THE BEGINNING OF A
TANGENT 942.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE
SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE
PAGE 19
ORDER NO. 1144050-6
:-: F 13°23'OO", A DISTANCE OF 220.03 FEET TO A POINT IN THE
BOUNDARY OF THAT LAND CONVEYED TO CARRILLO RANCH0 PARTNERSHIP BY
DEED RECORDED SEPTEMBER 1, 1976 AS FILE NO. 76-287140 OF OFFICIAL
RECORDS, IN SAID RECORDER'S OFFICE AS SAID POINT BEING NORTH
4r;"2G'OO" EAST, 40.83 FEET FROM THE BEGINNING OF THAT CERTAIN
COURSE NORTH 46°20'OO" EAST, 82.83 FEET IN SAID DEED; THENCE
ALONG SAID BOUNDARY NORTH 46°20'OO" EAST, 42.00 FEET TO THE
BEGINNING OF A NON-TANGENT 900.00 FOOT RADIUS CURVE, CONCAVE
NORTHEASTERLY, A RADIAL TO SAID CURVE BEARS SOUTH 46'22'00" EAST;
THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 29O32'00", A DISTANCE OF 463.91 FEET; THENCE
SOUTH 73'10'00" EAST, 120.00 FEET TO THE BEGINNING OF A TANGENT
390.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE EASTERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF l"44'50",
A DISTANCE OF 27.45 FEET TO THE BOUNDARY OF SAID MAP NO. 7076;
THENCE ALONG SAID BOUNDARY, NORTH OO"52'06" EAST, 43.38 FEET TO
THE TRUE POINT OF BEGINNING.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
AFFECTS PARCEL 6.
45. AN EASEMENT FOR THE INSTALLATION, CONSTRUCTION, MAINTENANCE,
REPAIR, REPLACEMENT, RECONSTRUCTION AND INSBECTION OF AN ENCLOSED
OR UNENCLOSED FLOOD DRAINAGE CHANNEL AND INCIDENTAL PURPOSES IN
FAVOR OF THE SAN DIEGO FLOOD CONTROL DISTRICT ZONE 1, RECORDED
DECEMBER 22, 1976 AS FILE NO. 76-430335 OF OFFICIAL RECORDS,
DESCRIBED AS FOLLOWS:
PARCEL A:
A STRIP OF LAND 10.00 FEET IN WIDTH, THE SIDELINES OF SAID STRIP
EEING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED
CENTERLINE:
COMMENCING AT THE NORTHWEST CORNER OF LOT 553 OF LA COSTA MEADOWS
UNIT NO. 3, ACCORDING TO MAP THEREOF NO. 7076, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, THENCE ALONG THE
WESTERLY LINE OF SAID LOT 553, SOUTH 00='52'06" WEST, 79.62 FEET
TO A POINT IN AN 858.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY, A
RADIAL TO SAID POINT BEARS SOUTH 15O47'52" WEST; THENCE WESTERLY
ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF Ol"02'08"
A DISTANCE OF 15.51 FEET; THENCE TANGENT TO SAID CURVE NORTH
73°10'OO" WEST, 61.65 FEET TO A POINT HEREINAFTER REFERRED TC AS
F'CINT "A"; THENCE NORTH 09°42'30" EAST, 50.00 FEET TO THE TRUE
POINT OF BEGINNING; THENCE RETRACING SOUTH 09'42'30" WEST, 92.33
FEET TO THE BOUNDARY OF THAT LAND CONVEYED TO CARRILLO RANCH0
PARTNERSHIP BY DEED RECORDED SEPTEMBER 1, 1976 AS FILE NO.
PAGE 20
,’ . I
ORDER NO. 1144050-6
76-287140 OF OFFICIAL RECORDS OF SAID RECORDER'S OFFICE. SAID
STRIP TO TERMINATE SOUTHERLY IN SAID BOUNDARY.
PARCEL B:
A STRIP OF LAND 10.00 FEET IN WIDTH, THE SIDELINES OF BEING 5.00 FEET ON EACH SIDE OF THE FOLLOWING
CENTERLINE:
SAID STRIP
DESCRIBED
CGMMENC1N.G AT AFOREDESCRIBED POINT "A"; THENCE NORTH 73°10'OO"
WEST, 58.35 FEET TO THE BEGINNING OF A TANGENT 858.00 FOOT RADIUS $-yp,TJE , CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG THE ARC
OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 42O55'00", A DISTANCE
OF 642.67 FEET; THENCE TANGENT TO SAID CURVE NORTH 30°15'OO"
WEST, 29.27 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "E";
THENCE NORTH 52O32'25" EAST, 20.16 FEET TO THE TRUE POINT OF
BEGINNING THENCE RETRACING SOUTH 52O32'25" WEST, 20.16 FEET;
THENCE SOUTH 59O45'00" WEST, 88.04 FEET TO THE BEGINNING OF A
TANGENT 180.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE
SOUTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE 3F
53°30'oo'~, A DISTANCE OF 168.08 FEET; THENCE TANGENT TO SAID
CURVE SOUTH 06°15'OO" WEST, 83.45 FEET TO SAID CARRILLO RANCH0
PARTNERSHIP BOUNDARY.
THE SIDELINES OF SAID STRIP SHALL BE LENGTHENED AND/OR SHORTENED
Sd AS TO TERMINATE NORTHERLY
WEST THROUGH THE TRUE POINT
CARRILLO RANCH0 PARTNERSHIP
PARCEL C:
IN A LINE THAT BEARS NORTH 30°15'OO"
OF BEGINNING, AND SOUTHERLY IN SAID
BOUNDARY.
COMMENCING AT AFOREDESCRIBED POINT "B", THENCE NORTH 30°15'CO"
WEST, 643.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH
30°15'OO" EAST, 77.55 FEET; THENCE NORTH 59O45'00" EAST, 20.00
FEET; THENCE SOUTH 30°15'OO" EAST, 594.72 FEET TO THE BEGINNING
OF A TANGENT 838.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY;
THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE OF 15O35'35", A DISTANCE OF 228.06 FEET; THENCE
ALONG A NON-TANGENT LINE SOUTH 72°00'OO" EAST, 320.78 FEET;
THENCE NORTH 18°00'OO" EAST, 53.85 FEET; THENCE NORTH 72°00'OO"
WEST, 294.33 FEET TO THE BEGINNING OF A NON-TANGENT 778.00 FOOT
RADIUS CURVE, CONCAVE NORTHEASTERLY A RADIAL LINE TO SAID POINT
BEARS SOUTH 44OO9'25" WEST; THENCE NORTHWESTERLY ALONG THE ARC OF
SAID CURVE, THROUGH A CENTRAL ANGLE OF 15'35'35", A DISTANCE OF
211. 73 FEET; THENCE TANGENT TO SAID CURVE NORTH 30°15'OO" WEST,
549.72 FEET; THENCE NORTH 59°45'OO" EAST, 10.00 FEET; THENCE
NORTH 38°30'OO" WEST, 78.36 FEET; THENCE SOUTH 59°45'OO" WEST, 78.76 FEET T3 THE TRUE POINT OF BEGINNING.
PAGE 21
-
ORDER NO. 1144050-6
PARCEL D:
A STRIP OF LAND 10.00 FEET IN WIDTH, THE SIDELINES OF SAID STRIP
BEING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED
CENTERLINE:
COMMENCING AT AFOREDESCRIBED FOINT "B"; THENCE SOUTH 59O45'00"
WEST, 84.00 FEET; THENCE NORTH 30°15'OO" WEST, 588.72 FEET; TO A
POINT HEREINAFTER REFERRED TO AS POINT " c " i THENCE SOUTH
43°50'OO" WEST, 417.74 FEET TC SAID CARRILLO RANCH0 PARTNERSHIP
BGUNDARY AND THE TRUE POINT OF BEGINNING; THENCE RETRACING NORTH
43°50'OO" EAST, 426.06 FEET; THENCE NORTH 59°45'OO" EAST, 76.CO
FEET TO THE SOUTHERLY LINE OF AFOREDESCRIBED PARCEL C.
SAID STRIP SHALL TERMINATE NORTHEASTERLY IN SAID SOUTHERLY LINE
OF PARCEL C AND TERMINATE SOUTHWESTERLY IN SAID CARRILLO RANCH0
PARTNERSHIP BOUNDARY.
PARCEL E:
A STRIP OF LAND 12.00 FEET IN WIDTH, THE SIDELINES OF SAID STRI?
BEING 6.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED
CENTERLINE:
CGMMENCING AT AFOREDESCRIBED POINT "C'; THENCE NORTH 3C015'OO"
WEST, 387.61 FEET TO THE TRUE POINT OF BEGINNING; THENCE S3UTH
86O15'00" EAST, 140.66 FEET TO THE POINT OF TERMINUS.
THE SIDELINES OF SAID STRIP SHALL BE LENGTHENED AND/OR SHORTENED
SO AS TO TERMINATE SOUTHWESTERLY IN A LINE THAT BEARS NORTH
30015'00" WEST THROUGH THE TRUE POINT OF BEGINNING.
PARCEL F:
COMMENCING AT AFOREDESCRIBED POINT "C"; THENCE NORTH 33O15'00"
WEST, 404.28 FEET TO THE TRUE POINT OF BEGINNING; THENCE
CONTINUING NORTH 30°15'OO" WEST, 35.00 FEET; THENCE S3UTH
59O45'00" WEST, 40.00 FEET; THENCE SOUTH 30°15'OO" EAST, 80.00
FEET; THENCE NORTH 59O45'00" EAST, 40.00 FEET; THENCE NORTH
30°15'OO" WEST, 45.00 FEET TO THE TRUE POINT OF BEGINNING.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
AFFECTS PARCEL 6.
PAGE 22
4%
ORDER NO. 1144050-6
45. AN IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY FOR PUBLIC RIGHT
OF WAY PURPOSES, DATED DECEMBER 30, 1976 IN FAVOR OF THE CITY OF
CARLSBAD UPON THE TERMS AND CONDITIONS CONTAINED THEREIN,
nFrORDED JANUARY 31, A.&L 1977 AS FILE NO. 77-036527 OF OFFICIAL
RECORDS.
THE ROUTE THEREOF IS DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF LOT 553 OF SAID MAP NO.
7076; THENCE SOUTH ALONG THE EAST LINE OF SAID SECTION 24, SOUTH
OO"52'06" WEST, 79.62 FEET TO A POINT ON THE NORTHERLY RIGHT OF
WAY LINE 3F EL FUERTE STREET AS DEDICATED ON SAID MAP NO. 7076,
SAID POINT ALSO BEING ON THE ARC OF A 858 FOOT RADIUS CURVE,
CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH
15O47'52" WEST, SAID POINT ALSO BEING THE TRUE POINT OF
BEGINNING; THENCE WESTERLY ALONG SAID CURVE A DISTANCE OF 15.51
FEET THROUGH A CENTRAL OF Ol"03'08"; THENCE TANGENT TO SAID CURVE
NORTH 73°10'OO" WEST, 120.00 FEET TO THE BEGINNING OF A TANGENT
858 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE WESTERLY ALONG
SAID CURVE A DISTANCE OF 642.67 FEET THROUGH A CENTRAL ANGLE OF
42°55'OO"; THENCE TANGENT TO SAID CTJRVE, NORTH 3CO15'00" WEST, A
DISTANCE OF 1281.47 FEET TO A POINT ON THE BOUhDARY OF RANCH0
AGUA HEDIONDA ACCORDING TO MAP THEREOF NO. 823 FILED IN THE
OFFICE OF SAID COUNTY RECORDER; THENCE NORTH 89O26'46" WEST ALONG
SAID BOUNDARY A DISTANCE OF 97.55 FEET TO A POINT ON THE ARC OF
A NON-TANGENT 942.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, A
RADIAL LINE TO SAID POINT BEARS SOUTH 60°57'4i" WEST; THENCE
SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE
OF Ol"12'41" A DISTANCE OF 19.92 FEET; THENCE TANGENT TO SAID
CURVE SOUTH 30°15'OO" EAST A DISTANCE OF 1311.51 FEET TO THE
BEGINNING OF A TANGENT 942.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE EASTERLY ALONG SAID CURVE A DISTANCE OF 220.03
FEET THROUGH A CENTRAL ANGLE OF 13O23'00" TO A POINT, A RADIAL
LINE TO SAID POINT BEARS SOUTH 46O22'00" WEST; THENCE ALONG SAID
RADIAL LINE NORTH 46O22'00" EAST, 42.00 FEET TO A POINT ON THE
ARC OF A NON-TANGENT 900.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY,
SAID CURVE BEING CONCENTRIC WITH THE LAST MENTIONED 942.00 FOOT
RADIUS CURVE; THENCE EASTERLY ALONG SAID 900.00 FOOT RADIUS CURVE
A DISTANCE OF 463.91 FEET THROUGH A CENTRAL ANGLE OF 29O32'00";
THENCE TANGENT TO SAID CURVE SOUTH 73°10'OO" EAST, 120.00 FEET TO
THE BEGINNING OF A TANGENT 900.00 FOOT RADIUS CURVE, CONCAVE
NORTHERLY; THENCE EASTERLY ALONG SAID CURVE A DISTANCE OF 27.45
FEET THROUGH A CENTRAL ANGLE OF Ol"44'50" TO A POINT ON THE
WESTERLY LINE OF SAID LOT 553, A RADIAL LINE TO SAID POINT BEARS
SOUTH 1S"05'10" WEST; THENCE L,EAVING SAID CURVE NORTH OO"52'36"
EAST, 43.38 FEET TO THE TRUE POINT OF BEGINNING.
PAGE 23
45
ORDER NO. 1144050-6
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
AFFECTS PARCEL 6.
47. AN EASEMENT FOR PUBLIC ROAD AND INCIDENTAL PURPOSES IN "AVOR 3F THE (CITY OF CARLSBAD, RECORDED FEBRUARY 24, 1977 AS FILE N;).
77-068082 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
A STRIP OF LAND 60.00 FEET IN WIDTH, FOR ROAD PURPOSES LYING WITHIN PORTIONS OF THE NORTH HALF OF SECTION 19 AND THE SOUTH
HALF OF SECTION 18, TOWNSHIP 12 SOUTH, RANGE 3 WEST, SAN
EERNARDINO BASE AND MERIDIAN, ACCORDING TO OFFICIAL PLAT THEREC', IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE C)F
CALIFORNIA, THE CENTERLINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTH QUARTER CORNER OF SAID SECTION 19, FROM WHICH THE NORTHWEST CORNER OF SAID SECTION 19 BEARS NORTH 89O39'01" WEST; THENCE NORTH 86O11'20" WEST 329.50 FEET; THENCE SOUTH 15O16'35" WEST 1410.75 FEET; THENCE SOUTH 24O54'09" WEST 59.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE RETRACING THE LAST MENTIONED COURSE NORTH 24O54'09" EAST 59.00 FEET; THENCE NORTH 21O31'51" WEST 238.97 FEET; THENCE NORTH 18OO7'34" EAST 1486.58 FEET; THENCE NORTH 1S"06'41" WEST 541.75 FEET; THENCE
MCRTH 14O36'45" EAST 733.41 FEET; THENCE NORTH 08O16'44" WEST
369.00 FEET, MORE OR LESS, TO A POINT IN THE SOUTHERLY RIGHT 3F WAY LINE OF PALOMAR AIRPORT ROAD.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
AFFECTS PARCEL 4
48. A CERTIFICATE OF COMPLIANCE AFFECTING PARCEL 4 HEREIN DESCRIEED HAS BEEN RECORDED JUNE 29, 1978 AS FILE NO. 78-272812 OF OFFICIAL
RECCRDS.
49. AN AGREEMENT REGARDING LICENSE TO ALLOW GRADING, DATED
NOVEMBER 7, 1980, UPON THE TERMS, COVENANTS, AND CONDITICNS
CONTAINED THEREIN.
EXECUTED BY AND BETWEEN: THE DAON CORPORATION, A DELAWARE
CORPORATION AND THE ANDEN GROUP, A
GENERAL PARTNERSHIP.
RECORDED: NOVEMBER 26, 1980 AS FILE NO. 80-400932 OF OFFICIAL RECORDS.
PAGE 24
-
ORDER NO. 1144050-6
50. AN EASEMENT FOR POLES, WIRES, CABLES, UNDERGROUND FACILITIES AND
APPURTENANCES FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY, FIPELINES, COMMUNICATIONFACILITIES, OVERHEADAND/OR UNDERGROUND APPURTENANCES AND GRANTEE ALSO HAS THE RIGHT OF
INGRESS AND EGRESS, TO, FROM AND ALONG THIS EASEMENT AND INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO GAS AND ELECTRIC
COMPANY, A CORPORATION, RECORDED AUGUST 13, 1981 AS FILE NO. 81-258011 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
SAID EASEMENT SHALL BE 8.00 FEET IN WIDTH, BEING 4.00 FEET
MEASURED AT RIGHT ANGLES ON EACH SIDE OF THE FOLLOWING DESCRIEED
CENTER LINE:
COMMENCING AT THE NORTHWEST CORNER OF PARCEL 1 OF PARCEL MAP NO. 10179, FILED JUNE 27, 1980 AS FILE NO. 80-204502 OF OFFICIAL RECORDS IN THE OFFTCE OF THE COUNTY RECORDER OF SAID COUNTY 3F SAN DIEGO, SAID CORNER BEARS NORTH 89O46'50" WEST, 1248.83 FEET FROM AN ANGLE POINT IN THE NORTHERLY BOUNDARY THEREOF; THENCE LEAVING SAID NORTHWEST CORNER SOUTH 11'19'38" WEST 4.09 FEET; THENCE SOUTH 89O46'50" EAST 164.58 FEET TO THE TRUE POINT OF
BEGINNING OF THE CENTER LINE HEREIN DESCRIBED; THENCE FROM SAID
TRUE POINT OF BEGINNING NORTH 63O26'37" EAST 17.61 FEET.
SAID INSTRUMENT FURTHER RECITES: "IT IS UNDERSTOOD BY THE
PARTIES HERETO THAT THE GRANTEE MAY PLACE, ERECT AND MAINTAIN ON THE LANDS OF THE GRANTOR ADJACENT TO THE ABOVE DESCRIBED RIGHT OF
WAY SUCH ANCHORAGE AS MAY BE NECESSARY TO PROPERLY GUY THE POWER LINE ERECTED OVER SAID RIGHT OF WAY."
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
AFFECTS PARCEL 4.
51. AN AGREEMENT REGARDING PUBLIC FACILITIES FEES, DATED 1981, UPON THE TERMS, COVENANTS, AND CONDITIONS THEREIN. E:<ECUTED BY AND BETWEEN: DAON CORPORATION, A CORPORATION AND THE CARLSBAD.
AUGUST 13, CONTAINED
DELAWARE CITY OF
RECORDED: SEPTEMBER 25, 1981 AS FILE NO. 81-305685 OF OFFICIAL RECORDS.
52. NOTE: A CERTIFICATE OF COMPT,IANCE AFFECTING THE HEREIN DESCRIBED PROPERTY WAS RECORDED JULY 20, 1982 AS FILE NO. 82-221295 OF OFFICIAL RECORDS.
53. THE EFFECT, IF ANY, OF RECORD OF SURVEY MAP NOS. 9112 AND 9461,
WHICH SETS FORTH, OR PURPORTS TO SET FORTH, CERTAIN DIMENSIONS AND BEARINGS OF THE HEREIN DESCRIBED PROPERTY.
PAGE 25
47
’ :
ORDER NO. 1144050-6
AN AGREEMENT REGARDING THE RIGHT OF ENTRY TO INSTALL THEREIN EFFLUENT TRANSMISSION LINES FROM THE DISTRICT FACILITIES TC THE ENCINA FACILITIES, DATED FEBRUARY 8, 1984, UPON THE TERMS, I:'SVENANTS , AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: SAN MARCOS COUNTY WATER DISTRICT AND CARRILLO RANCH0 PARTNERSHIP, A GENERAL PARTNERSHIF. RECORDED: FEBRUARY 14, 1984 AS FILE NO. 84-055590 OF OFFICIAL
RECORDS.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER 3ARTICULARS.
AFFECTS PARCEL 4.
55. AN EASEMENT TO ERECT, CONSTRUCT, RECONSTRUCT, REPLACE, REFAIR, MAINTAIN AND USE A PIPELINE OR PIPELINES FOR ANY AND ALL PURPOSES, TOGETHER WITH THEIR NECESSARY FIXTURES AND
APPURTENANCES INCLUDING BUT NOT LIMITED TO CONDUITS AND C.k3LES
FOR POWER TRANSMISSION AND COMMUNICATION PURPOSES, TOGETHER ?JITH
THE RIGHT OF INGRESS THERETO AND EGRESS THEREFROM AND INCIDENTAL
PURPOSES IN FAVOR OF SAN MARCOS COUNTY WATER DISTRICT, RECCRDED
FEERUARY 13, 1987 AS FILE NO. 86-058612 OF OFFICIAL RECCRDS, DESCRIBED AS FOLLOWS:
PARCEL 1:
A STRIP OF LAND 20.00 FEET IN WIDTH THE CENTER LINE OF WHICH IS
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF
THE SOUTHEAST QUARTER OF SECTION 18 AS SHOWN ON RECORD OF SURVEY MAP NO. 9112, RECORDED AUGUST 5, 1982 AS FILE NO. 82-241269 OF 'JFFICIAL RECORDS IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA;
THENCE NORTH OO38'45" EAST (RECORD - NORTH OO39'50" EAST) ALONG
THE EAST LINE OF THE WEST ONE HALF OF SAID SOUTHEAST QUARTER OF
SECTION 18, A DISTANCE OF 1,147.55 FEET TO THE TRUE POINT OF
BEGINNING; THENCE LEAVING SAID EAST LINE NORTH 90°00'OO" WEST, A
DISTANCE OF 292.90 FEET; THENCE SOUTH 14°41'50" WEST 126.13 FEET;
THENCE SOUTH 62OO1'14" WEST A DISTANCE OF 362.35 FEET; THENCE
SOUTH 75O24'53" WEST A DISTANCE OF 202.53 FEET; THENCE SOUTH
54O27'44" WEST A DISTANCE OF 77.42 FEET; THENCE SOUTH 33OO3'43" WEST A DISTANCE OF 126.48 FEET; THENCE SOUTH 45O16'41" WEST A DISTANCE OF 173.52 FEET TO THE BEGINNING OF A TANGENT 6OO.OC FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 22O13'C6" A
DISTANCE OF 232.67 FEET; THENCE TANGENT TO SAID CURVE SOUTH 67O29'47" WEST A DISTANCE OF 33.72 FEET; THENCE SOUTH 07O53'47" WEST A DISTANCE OF 160.29 FEET TO THE BEGINNING OF A TANGENT GO0 . 00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE
PAGE 26
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ORDER NO. 1144050-6
SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 23O36'24" A DISTANCE OF 247.21 FEET; THENCE TANGENT TO SAID CURVE SOUTH 31'27'11" WEST A DISTANCE OF 65.58 FEET TO THE
EEGINNING OF A TANGENT 2500.00 FOOT RADIUS CURVE CONCAVE
NORTHWESTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 12O22'08" A DISTANCE OF 539.69 FEET; THENCE TANGENT TO SAID CURVE SOUTH 43'49'19" WEST A DISTANCE OF 90.04 FEET TO THE BEGINNING OF A TANGENT 500.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 41O28'30" A DISTANCE OF 361.94 FEET; THENCE TANGENT TO SAID CURVE SOUTH 02"20'49" WEST A DISTANCE OF 357.49 FEET TO A POINT IN THE NORTHERLY LINE OF AN
EASEMENT, 20.00 FEET IN WIDTH, GRANTED TO THE SAN MARCOS COUNTY WATER DISTRICT AND DESCRIBED IN DOCUMENT RECORDED OCTOBER 1, 1968 AS FILE NO. 170268 OF OFFICIAL RECORDS, OF THE COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA.
THE SIDELINES OF SAID STRIP SHALL BE LENGTHENED OR FORESHORTENED SO AS TO TERMINATE SOUTHERLY IN THE NORTHERLY LINE OF SAID EASEMENT TO THE SAN MARCOS COUNTY WATER DISTRICT AND SO AS TO TERMINATE EASTERLY IN THE AFOREMENTIONED EAST Lm'NE OF THE WEST ONE HALF OF THE SOUTHEAST QUARTER OF SECTION 16.
PARCEL 2:
A STRIP OF LAND 10.00 FEET IN WIDTH, THE SOUTHERLY LINE OF SAID
STRIP BEING THE NORTHERLY LINE OF THAT PORTION OF AN EASEMENT,
20.00 FEET IN WIDTH, GRANTED TO THE SAN MARCOS COUNTY WATER
DISTRICT AND DESCRIBED IN DOCUMENT RECORDED OCTOBER 1, 1968 AS FILE NO. 170268 OF OFFICIAL RECORDS, OF THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, THE CENTERLINE OF SAID 20.00 FOOT EASEMENT BEING GZSCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE COMMON BOUNDARY BETWEEN SECTION 19, TOWNSHIP 12 SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN, AND SECTION 24, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, ALL IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, DISTANT THEREON NORTH COO3'05" WEST 551.11 FEET FROM THE QUARTER CORNER TO SAID SECTIONS 19 AND 24, BEING POINT "A" OF THIS DESCRIPTION.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
AFFECTS PARCEL 4
PAGE 27
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ORDER NO. 1144050-6
56. AN EASEMENT FOR TEMPORARY WORKING STRIP OF LAND, TO USE AND OCCUPY SAID TEMPORARY WORKING STRIP FOR THE PURPOSE OF CONSTRUCTING A PIPELINE AND INCIDENTAL PURPOSES IN FA\-OR OF SAN MARCOS COUNTY WATER DISTRICT, RECORDED FEBRUARY 13, 1986 AS FILE St? . 86-058612 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
3NE STRIP OF LAND 15.00 FEET OF EVEN WIDTH, SAID 15.00 FOOT STRIP
OF LAND LYING NORTHERLY OF EASEMENT OF RIGHT OF WAY AS DESCRi3ED
IN PARCEL 2 ABOVE AND TWO STRIPS OF LAND 10.00 FEE? OF E:iEN
WIDTH, SAID 10.00 STRIPS OF LAND LYING ON EACH SIDE OF THE
EASEMENT OF RIGHT OF WAY AS DESCRIBED IN PARCEL 1 ABOVE; THENCE SOUTH 72"32'47" WEST 144.96 FEET TO THE BEGINNING OF A TANGENT
500.00 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE WESTERLY ALaNG
SAID CURVE 81.62 FEET THROUGH AN ANGLE OF 09°21'11" TO A POINT ON
THE EASTERLY LINE OF RANCH0 AGUA HEDIONDA AS SAID RANCH0 LINE IS SHOWN ON UNITED STATES GOVERNMENT SURVEY OF TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, APPROVED SEPTEMBER 17, 1915, DISTANT NORTH 02O38'10" WEST 690.82 FEET FROM CORNER NC. 5 OF SAID RANCHO, BEING THE TRUE POINT OF BEGINNING; THENCE RETRACING EASTERLY TO SAID POINT "A"; THENCE NORTH 72O32'47" EAST
425.99 FEET TO THE BEGINNING OF A TANGENT 500.00 FOOT RADIUS
CURVE CONCAVE NORTHERLY; THENCE EASTERLY ALONG SAID CURVE 138.00
FEET THROUGH AN ANGLE OF 15O48'48"; THENCE TANGENT TO SAID CURVE
NORTH 56'43'59" EAST 48.56 FEET TO THE BEGINNING OF A TANGENT
2n0.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE EASTERLY ALONG
SAID CURVE 134.26 FEET THROUGH AN ANGLE OF 33O17'41"; THENCE TANGENT TO SAID CURVE SOUTH 84O48'20" EAST 381.08 FEET TO THE
BEGINNING OF A TANGENT 200.00 FOOT RADIUS CURVE CONCAVE
NORTHWESTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE 236.89 FEET
THROUGH AN ANGLE OF 67O51'51"; THENCE TANGENT TO SAID CURVE NCRTH 27019'49" EAST 70.07 FEET TO THE BEGINNING OF A TANGENT 25C.00
FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE 123.96 FEET THROUGH AN ANGLE OF 38'24'31"; THENCE TANGENT TO SAID CURVE NORTH 55'44'20" EAST 53.12 FEET TO THE BEGINNING OF A TANGENT 400.00 FOOT RADIUS CURVE
NORTHWESTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE 100.41 FEET THROUGH AN ANGLE OF 14O23'00"; THENCE TANGENT TO SAID CURVE NORTH 41021'20" EAST 40.78 FEET TO THE BEGINNING OF A TANGENT 4OC.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY
ALONG SAID CURVE 253.62 FEET THROUGH AN ANGLE OF 36O19'42"; THENCE TANGENT TO SAID CURVE NORTH 77O41'02" EAST 606.59 FEET TO
THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE CONsCAVE
SOUTHERLY; THENCE EASTERLY ALONG SAID CURVE 43.21 FEET THROUGH AN ANGLE OF 99O54'13"; THENCE TANGENT TO SAID CURVE NORTH 87O35'15" EAST 9.93 FEET TO A POINT IN THE WESTERLY LINE OF PARCEL 1 ABOVE DESCRIBED.
PAGE 28
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ORDER NO. 1144050-6
THE SIDELINES OF SAID STRIl SHALL BE FORESHORTENED OR LENGTHENED SO AS TO TERMINATE WESTERLY IN THE WESTERLY LINE 3F SAID SECTION 19 AND TERMINATE EASTERLY IN THE WESTERLY LINE OF PARCEL 1 ABOVE DESCRIBED.
EXCEPTING THEREFROM THOSE PORTIONS THEREOF LANDS FIRST ABOVE DESCRIBED.
IT IS HEREBY UNDERSTOOD AND AGREED UPON
NOT LYING WITHIN
BY THE GRANTOR GRANTEE HEREIN, THAT THE RIGHT AND PRIVILEGE SET FORTH FOR
THE
AND THE USE OF THE ABOVE DESCRIBED TEMPORARY WORKING STRIP SHALL BE IN FULL FORCE AND EFFECT FROM THE DATE OF EXECUTION OF THIS INSTRUMENT, AND SHALL CONTINUE IN FULL DURING THE CONSTRUCTION OF SAID PIPELINE AND THAT UPON COMPLETION, FINAL INSPECTION, AND RECORDATION OF NOTICE OF COMPLETION OF SAID PIPELINE, THE EASEMENT FOR THE TEMPORARY WORKING STRIP HEREBY GRANTED AND DESCRIBED ABOVE, SHALL CEASE AND TERMINATE, AND BECOME OF NO FURTHER FORCE OR EFFECT.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
57. AN AGREEMENT REGARDING THE PURCHASE OF REAL PROPERTY, DATED AUGUST 25, 1987, UPON THE TERMS, COVENANTS, AND CONDITIONS CCNTAINED THEREIN. EXECUTED BY AND BETWEEN: REALTY DEALERS, LTD., AN ILLINOIS LIMITED PARTNERSHIP AND RANCH0 CARRILLO ASSOCIATES, A CALIFORNIA LIMITED PARTNERSHIP.
RECORDED: SEPTEMBER 4, 1387 AS FILE NO. 87-505325 OF OFFICIAL RECORDS.
58. AN AGREEMENT REGARDING RIGHT OF FIRST OFFER, DATED JULY 20, 1987, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: KHOURY ENTERPRISES, A CALIFORNIA LIMITED PARTNERSHIP AND RANCH0 CARRILLO ASSOCIATES, A CALIFORNIA LIMITED PARTNERSHIP. RECORDED: SEPTEMBER 4, 1987 AS FILE NO. 87-505740 OF OFFICIAL RECORDS.
59. AN AGREEMENT REGARDING PAYMENT OF A PUBLIC FACILITIES FEE, DATED JULY 12, 1991, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: PACIFIC SCENE INC., A CORPORATION
AND CONTINENTAL HOMES INC., A CORPORATION AND THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION RECORDED: AUGUST 5, 1991 AS FILE NO. 1991-0390280 OF OFFICIAL RECORDS.
PAGE 29
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ORDER NO. 1144050-6
60. AN EASEMENT FOR STREET, PUBLIC UTILITY, SLOPE AND TEMPORARY CONSTRUCTION AND INCIDENTAL PURPOSES IN FAVOR OF THE CITY OF
CARLSBAD, RECORDED JUNE 2, 1992 AS FILE NO. 1992-0339771 OF OFFICIAL RECORDS, LOCATED WITHIN PORTIONS OF THE HEREIN DESCRIBED
PROPERTY AS MORE PARTICULARLY DESCRIBED ON EXHIBIT "A" ATTACHED
T? SAID INSTRUMENT.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
‘3 1 . AN AGREEMENT BETWEEN DEVELOPER-ZWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE FOR INSIDE THE BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 1 EXECUTED BY L&W INVESTMENTS, UPON THE TERMS, COVENANTS AND CONDITIONS CONTAINED THEREIN, RECORDED APRIL 14, 1993 AS FILE NO. 1993-0228560 OF OFFICIAL RECORDS.
62. AN EASEMENT TO ERECT, CONSTRUCT, RECONSTRUCT, REPLACE, REPAIR, MAINTAIN AND USE, ONE OR MORE LINE OR LINES OF POLES AND/OR TOWERS, WITH WIRES AND CABLES SUSPENDED THEREON AND SUPPORTED THEREBY, AND UNDERGROUND CONDUITS, WIRES, CABLES, VAULTS AND
MANHOLES, FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY, AND FOR ALL OTHER PURPOSES CONNECTED THEREWITH, AND FOR
TELEPHONE, SIGNAL AND COMMUNICATION PURPOSES, INCLUDING GUYS, ANCHORAGE, CROSSARMS, BRACES AND INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO GAS & ELECTRIC COMPANY, RECORDED JULY 16, 1993 AS FILE NO. 1393-0456288 OF OFFICIAL RECORDS.
THE ROUTE OF SAID EASEMENT IS SET OUT IN SAID DOCUMENT AND AFFECTS A PORTION OF THE HEREIN DESCRIBED PROPERTY.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
:;3 _ AN AGREEMENT REGARDING PAYMENT OF A PUBLIC FACILITIES FEE FOR
INSIDE THE BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 1, DATED JULY 13, 1993, UPON THE TERMS, COVENANTS AND CONDITIONS CONTAINED THEREIN.
EXECUTED BY AND BETWEEN: RANCH0 CARRILLO, INC. AND THE CITY OF
CARLSBAD RECORDED: NOVEMBER 5, 1993 AS FILE NO. 1993-0745429 OF
OFFICIAL RECORDS.
64. MOTE: A CERTIFICATE OF COMPLIANCE AFFECTING THE HEREIN DESCRI3ED
PROPERTY WAS RECORDED AUGUST 17, 1994 AS FILE NO. 1994-0497669 OF
OFFICIAL RECORDS.
c5 . THE FACT THAT SAID LAND LIES WITHIN THE COMMUNITY FACILITIES DISTRICT NO. 1, AS DISCLOSED BY INSTRUMENT RECORDED NOVEMBER 13, 1996 AS FILE NO. 1996-0574243 OF OFFICIAL RECORDS.
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ORDER NO. 1144050-6
AN AMENDMENT TO THE NOTICE OF SPECIAL TAX LIEN (NOTICE OF ANNEXATION) RECORDED NOVEMBER 13, 1996 AS FILE NO. 1996-0574357 OF OFFICIAL RECORDS.
66. AN AGREEMENT REGARDING PAYMENT OF A PUBLIC FACILITIES FEE, DATED SEPTEMBER 5, 1995, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: UDC HOMES INC. AND CITY CF CARLSBAD, AMUNICIPAL CORPORATION. RECORDED: MARCH 19, 1996 AS FILE NO. 1996-0133727 OF CFFICIAL
RECORDS.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
67. AN EASEMENT FOR A PIPELINE OR PIPELINES FOR ANY AND ALL PURPOSES, TOGETHER WITH THEIR NECESSARY FIXTURES AND APPURTENANCES INCLUDING BUT NOT LIMITED TO CONDUITS AND CABLES FOR POWER TRANSMISSION AND COMMUNICATION PURPOSES, AT SUC" LOCATIONS AND ELEVATIONS, UPON, ALONG, OVER AND UNDER THE HEREINAFTER DESCRIBED RIGHT-OF-WAY AS GRANTEE MAY NOW OR HEREAFTER DEEM CONVENIENT AND NECESSARY FROM TIME TO TIME, TOGETHER WITH THE RIGHT OF INGRESS THERETO AND EGRESS THEREFROM AND INCIDENTAL PURPOSES IN 'AVOR OF VALLECITOS WATER DISTRICT, RECORDED SEPTEMBER 19, 1996 AS FILE NO. 1996-3477222 OF OFFICIAL RECORDS, LOCATED WITHIN PARCEL 4 AS SET FORTH THEREIN.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
AN EASE,'IENT FOR A PIPELINE OR PIPELINES FOR ANY AND ALL PURPOSES, TOGETHER WITH THEIR NECESSARY FIXTURES AND APPURTENANCES INCLUDING BUT NOT LIMITED TO CONDUITS AND CABLES FOR POWER TRANSMISSION AND COMMUNICATION PURPOSES, AT SUCH LOCATIONS AND ELEVATIONS, UPON, ALONG, OVER AND UNDER THE HEREINAFTER DESCRIBED RIGHT-OF-WAY AS GRANTEE MAY NOW OR HEREAFTER DEEM CONVENIENT AND NECESSARY FROM TIME TO TIME, TOGETHER WITH THE RIGHT OF INGRESS THERETO AND EGRESS THEREFROM AND INCIDENTAL PURPOSES IN FAVOR OF VALLECITOS WATER DISTRICT, RECORDED SEPTEMBER 19, 1996 AS FILE NO. 1996-0477223 OF OFFICIAL RECORDS, LOCATED WITHIN PARCELS 2 AND 4 AS SET FORTH THEREIN.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
PAGE 31
53
ORDER NO. 1144050-6
59. AN EASEMENT FOR A PIPELINE OR PIPELINES FOR ANY AND ALL PURPOSES, TOGETHER WITH THEIR NECESSARY FIXTURES AND APPURTENANCES INCLUDING BUT NOT LIMITED TO CONDUITS AND CABLES FOR POWER TRANSMISSIGN AND COMMUNICATION PURPOSES, AT SUCH LOCATIONS AND ELEVATIONS, UPON, ALONG, OVER AND UNDER THE HEREINAFTER DESCRIBED RIGHT-OF->:AY AS GRANTEE MAY NOW OR HEREAFTER DEEM CONVENIENT AND NECESSARY FROM TIME TO TIME, TOGETHER WITH THE RIGHT OF INGRESS THERETO AND EGRESS THEREFROM AND INCIDENTAL PURPOSES IN FAVOR OF VALLECITOS WATER DISTRICT, RECORDED SEPTEMBER 19, 1996 AS FILE NO. 1996-0477224 OF OFFICIAL RECORDS, LOCATED WITHIN PARCEL I AS SET FORTH THEREIN.
REFERENCE IS MADE TO SAID IbTSTRUMENT FOR FURTHER PARTICULARS.
70. AN EASEMENT FOR POLES, WIRES, CABLES FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY, UNDERGROUND FACILITIES AND APPURTENANCES FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY, COMMUNICATION FACILITIES, OVERHEAD AND/OR UNDERGROUND AND INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO GAS & ELECTRIC 'COMPANY, RECORDED DECEMBER 23, 1996 AS FILE NO. 1396- 0642348 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
12.00 FEET IN WIDTH, BEING 6.00 FEET ON EACH SIDE OF THE CENTER LINE OF THE FACILITIES TO BE INSTALLED, THE APPROXIMATE LOCATION BEING SHOWN AND DELINEATED AS "ELECTRIC UTILITY FACILITIES" ON THE EXHIBIT "A" , ATTACHED THERETO AND MADE A PART THEREOF.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
71. AN AGREEMENT REGARDING PAYMENT OF A PUBLIC FACILITIES FEE FOR
INSIDE THE BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 1, DATED NOVEMBER 22, 1996, UPON THE TERMS, COVENANTS, AND
CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: CONTINENTAL RANCH AND THE CITY OF CARLSBAD RECORDED: FEBRUARY 27, 1997 AS FILE NO. 1997-0087390 OF OFFICIAL
RECORDS.
THE FOLLOWING ITEMS AFFECT PARCEL 7:
72. A 60 FOOT WIDE EASEMENT AND RIGHT OF WAY FOR PUBLIC ROAD TURPOSES OVER AND ACROSS ROAD SURVEY NO. 757, ACCORDING TO MAP ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR AND AS GRANTED TO THE C3UN"Y OF SAN DIEGO BY DEED RECORDED 3CTOBER 2, 1940 IN BOOK 1068, PAGE 496 OF 3FFICIAL RECORDS, LOCATED WITHIN THE NORTH HALF OF THE SOUTHWEST QUARTER AND THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 18 HEREIN DESCRIBED.
PAGE 32
ORDER NO. 1144050-6
73.
SAID INSTRUMENT ALSO GRANTS THE PRIVILEGE AND RIGHT TO EXTENL'Z AND
MAINTAIN DRAINAGE STRUCTURES AND EXCAVATION AND EMBANKMENT SL3PES
BEYOND THE LIMITS OF SAID RIGHT OF WAY WHERE REQUIRED FOR THE
CONSTRUCTION AND MAINTENANCE THEREOF.
AND THE UNDERSIGNED, THE SAID GRANTORS, DO HEREBY WAIVE ALL CLAIM
FOR COMPENSATION FOR ANY AND ALL DAMAGES ON ACCOUNT 0" THE
LOCATION, ESTABLISHMENT AND CONSTRUCTION OF SAID HIGHWAY.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
AN UNRECORDED DEVELOPMENT AGREEMENT, DATED JUNE 14, 19C4, 'JPCN
THE TERMS AND CONDITIONS THEREIN PROVIDED, AS DISCLOSED 3Y A
MEMORANDUM OF DEVELOPMENT.
EXECUTED BY AND BETWEEN: DON E. WOODWARD, MEISTER DEVELOPMENT CORPORATION, AETNA CAPITAL COMPANY, AND CARRILLO RANCH PARTNERSHIP. RECORDED: JULY 26, 1984 AS FILE NO. 84-284010 OF OFFICIAL RECORDS.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
74. AN EASEMENT FOR PUBLIC ROAD, UTILITY AND INCIDENTAL ?URFOSES IN
FAVOR OF THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION, RECCRDED
MARCH 10, 1986 AS FILE NO. 86-092507 OF OFFICIAL RECCRDS, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF RECORD OF SURVEY NO. 9112 ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
SAID STATE OF CALIFORNIA, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE ALONG THE WESTERLY LINE THEREOF SOUTH 2O35'40" EAST 384.39 FEET TO A POINT ON THE NORTHERLY SIDELINE OF PALOMAR AIRPORT ROAD PER ROAD SURVEY NO. 757; THENCE SOUTH 2'38'30" EAST 28.51 FEET TO A POINT ON THE ARC OF A 1200 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 2OO3'04" EAST, SAID POINT LYING ON THE CENTERLINE OF PALOMAR AIRPORT ROAD AND ALSO HEREINAFTER KNOWN AS "POINT A"; THENCE CONTINUING ALONG SAID WESTERLY LINE SOUTH 2'38'00" EAST 3520.58 FEET; THENCE LEAVING SAID WESTERLY LINE SOUTH 89°18'32" EAST 255.31 FEET; THENCE SOUTH OOO3'46" EAST 185.20 FEET; THENCE NORTH 54040'(-)0" EAST 2065.80 FEET; THENCE NORTH 8O51'23" EAST 1937.40 FEET TO A POINT ON THE SOUTHERLY LINE OF PALOMAR AIRPCRT ROAD; THENCE NORTH 21O25'31" WEST 30.00 FEET TO A POINT ON THE CENTERLINE OF SAID ROAD AND THE BEGINNING OF A 13OC.OC FOOT RADIUS CURVE CONCAVE NORTHERLY, THENCE WESTERLY ALONG THE AJC OF SAID CURVE AND SAID CENTERLINE, THROUGH A CENTRAL ANGLE OF
43O43'09" A DISTANCE OF 763.04 FEET; THENCE NORTH 67'43'22" WEST
1326.28 FEET; THENCE LEAVING SAID CENTERLINE NORTH 0'03'46" WEST
PAGE 33
ORDER NO. 1144050-6
491.85 FEET TO A POINT ON THE NORTHERLY LINE OF SAID RECORD OF SURVEY; THENCE WESTERLY ALONG SAID NORTH LINE, NORTH 88O37'38" WEST 432.70 FEET TO THE TRUE POINT OF BEGINNING. ALL AS SHOWN ON SAID RECORD OF SURVEY NO. 9112.
TI-iE CENTERLINE OF SAID 125.00 FOOT EASEMENT BEING DESCRIBED AS
F,gLLOWS:
BEGINNING AT "POINT A" OF THE ABOVE DESCRIBED PARCEL OF LAND; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF RECORD C? SURVEY NO. 9112 SOUTH 2O38'00" EAST 41.00 FEET TO THE TRUE ?OINT OF EEGINNING, BEING A POINT ON THE ARC OF A 2200.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL TO SAID POINT BEARS NORTH 3'59'00" EAST; THENCE LEAVING SAID WESTERLY LINE, EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 18O17'38" A DISTANCE OF 702.44 FEET; THENCE TANGENT TO SAID CURVE SOUTH 67O43'22" EAST 554.42 FEET TO THE BEGINNING OF A TANGENT 2200.00 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 43'43'09" A DISTANCE OF 1678.70; THENCE TANGENT TO SAID CURVE NORTH 68O33'29" EAST 1044.15 FEET TO THE BEGINNING OF A TANGENT 6000.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 5'39'05" A DISTANCE OF 591. 81 FEET; THENCE TANGENT TO SAID CURVE NORTH 74O12'34" EAST 454.40 FEET TO THE BEGINNING OF A TANGENT 3000.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 0'52'58" A DISTANCE OF 46.22 FEET TO THE POINT OF TERMINATION. SAID POINT LYING ON THE EASTERLY LINE OF RECORD OF SURVEY NO. 9112, BEING SOUTH OO39'50" WEST 76.25 FEET FROM THE NORTHEAST CORNER THEREOF.
THE SIDELINES OF SAID EASEMENT SHALL BE 63.00 FEET MEASURED AT RIGHT ANGLES AND PARALLEL WITH THE ABOVE DESCRIBED CENTERLINE AND SHALL BE EXTENDED OR SHORTENED TO BEGIN ON THE WESTERLY BOUNDARY OF SAID RECORD OF SURVEY NO. 9112 AND PASS THROUGH THE POINT OF BEGINNING AND TO TERMINATE ON A LINE THAT BEARS NORTH OO39'50" EAST AND PASS THROUGH THE POINT OF TERMINATION.
EXCEPTING THEREFROM THAT PORTION NOT LYING WITHIN THE ABOVE DESCRIBED PARCEL OF LAND.
75. ANY RIGHTS OF THE SAN DIEGO GAS AND ELECTRIC COMPANY FOR UNDER
CONDUITS, PIPELINES, AND APPURTENANCES THERETO FOR "HE
TRANSMISSION OF GAS AND ELECTRICITY, AS WELL AS ANY RIGHTS OF
ACCESS THERETO, AS DISCLOSED BY A PHYSICAL INSPECTION OF SAID
PROPERTY. SAID RIGHT OF WAY LIES WITHIN THE PUBLIC HIGHWAY
EASEMENT COMMONLY KNOWN AS PALOMAR AIRPORT ROAD.
PAGE 34
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ORDER NO. 1144050-6
'76 . ANY RIGHTS OF THE COSTA REAL MUNICIPAL WATER DISTRICT FOR
PIPELINES AND APPURTENANCES, AS WELL AS RIGHTS OF ACCESS THERETO, AS DISCLOSED BY A PHYSICAL INSPECTION OF SAID PROPERTY. SAID EASEMENT LIES WITHIN THE PUBLIC HIGHWAY EASEMENT COMMONLY KNOWN AS PALOMAR AIRPORT ROAD.
77. AN EASEMENT FOR DRAINAGE AND TEMPORARY CONSTRUCTION AND INCIDENTAL PURPOSES IN FAVOR OF CITY OF CARLSBAD, RECORDED JUNE 24, 1991 AS FILE NO. 91-0302851 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
c PORTION OF THE S3UTHEAST QUARTER OF SECTION 13, TOWNSHIP 12 *^
SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, LYING SOUTHERLY OF THE CENTERLINE OF THE ROAD SURVEY NO. 757 KNOWN AS
PALOMAR AIRPORT ROAD, SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF RECORD OF SURVEY MAP NO. 3112 AS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO CS'UNTY AUGUST 5, 1982, SAID CORNER ALSO BEING T'=E WEST QUARTER CORNER OF SAID FRACTIONAL SECTION 13; THENCE SOUTHEASTERLY ALONG A TIE LINE BEARING SOUTH 24O46'27" EAST 601.43' TO THE BEGINNING OF A NON-TANGENT 2137.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 10°20'18" EAST, BEING A
POINT ON THE SOUTHERLY RIGHT-OF-WAY OF THE 126.00 FOOT WIDE
PALOMAR AIRPORT ROAD AS DEDICATED TO THE CITY OF CARLSBAD PER
DOCUMENT RECORDED MARCH 10, 1986 AS FILE NO. 86-092507 OF OFFICIAL RECORDS, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE EASTERLY ALONG SAID RIGHT-OF-WAY AND THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF OO32'10" A DISTANCE OF 20.00 FZET, A RADIAL LINE TO SAID POINT BEARING NORTH lOO52'28" EAST; THENCE LEAVING THE ARC OF SAID CURVE AND SAID RIGHT-OF-WAY
SOUTH 1OO36'23" WEST 89.25 FEET; THENCE NORTH 79O23'37" WEST 30.00 FEET; THENCE NORTH lOO36'23" EAST 15.00 FEET; THENCE NORTH 37'10'17" EAST 22.36 FEET; THENCE NORTH lOO36'23" EAST 54.25 FEET TO THE TRUE POINT OF BEGINNING.
THE AREA WITHIN THE DESCRIBED EASEMENT IS 2035 SQUARE FEET OR 0.0467 ACRE.
A STRIP OF LAND 20.00 FEET IN WIDTH, THE CENTERLINE OF WHICH EEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CGRNER OF RECORD OF SURVEY MAP NO. 9112 AS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO CCUNTY AUGUST 5, 1982, SAID CORNER ALSO BEING THE WEST QUARTER CORNER OF SAID FRACTIONAL SECTION 13; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID FRACTIONAL SECTION 13, SOUTH 02O38'31"
PAGE 35
ORDER NO. 1144050-6
EAST, 517.58 FEET TO A POINT ON THE ARC OF A NON-TANGENT 2137.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, A RADIAL BEARING TO SAID POINT BEARS NORTH 4°10'OO" EAST; ALSO BEING A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF THE 126.00 FOOT WIDE PALOMAR AIRDORT ROAD AS DEDICATED TO THE CITY OF CARLSBAD PER DOCUMENT RECORDED MARCH 10, 1986 AS FILE NO. 86-092507 OF OFFICIAL RECORDS; THENCE EASTERLY ALONG THE ARC OF SAID CURVE AND ALONG SAID RIGHT-OF-WAY THROUGH A CENTRAL ANGLE OF 18Oc)5'12" A DISTANCE OF 674.79 FEET; THENCE TANGENT TO SAID CURVE SOUTH 67O44'48" EAST 554.78 FEET TO THE BEGINNING OF A TANGENT 2263.00 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 9O47'48" A DISTANCE OF 386.94 FEET TC AN INTERSECTION WITH THE SOUTHERLY RIGHT-OF-WAY OF ROAD SURVEY NO.
757 KNOWN AS PALOMAR AIRPORT ROAD, SAID RIGHT-OF-WAY BEING 60.00
FEET IN WIDTH, A RADIAL LINE TO SAID POINT BEARS SOUTH 12O27'24" WEST; THENCE LEAVING SAID 2137.00 FOOT RADIUS CURVE ALONG THE SOUTHERLY RIGHT-OF-WAY OF SAID ROAD OF SURVEY NO. 757 SOUTH 67O44'48" EAST 96.18 FEET TO THE BEGINNING OF A TANGENT 1030.00 FCOT RADIUS CURVE CONCAVE NORTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 15O41'45" A DISTANCE OF 282.16 FEET TO THE TRUE POINT OF BEGINNING, A RADIAL LINE TO
SAID POINT BEARS SOUTH 6O33'27" WEST; THENCE LEAVING SAID CURVE
AND SAID SOUTHERLY RIGHT-OF-WAY OF ROAD SURVEY NC. 757 SOUTH
28O22'55" WEST 20.00 FEET TO THE POINT OF TERMINUS,
THE SIDELINES OF THE ABOVE DESCRIBED EASEMENT SHALL TERMINATE NORTHERLY ALONG THE ARC OF SAID 1030.00 FOOT RADIUS CURVE, BEING THE SOUTHERLY RIGHT-OF-WAY OF ROAD SURVEY NO. 757, AND SOUTHERLY AT RIGHT ANGLES TO THE POINT OF TERMINUS.
78. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL PRINCIPAL SUM OF $3,375,000.00, AND ANY OTHER AMOUNTS OR OBLIGATIONS SECURED THEREBY, RECORDED SEPTEMBER 24, 1996 AS FILE NO. 1996-0485428 OF OFFICIAL RECORDS. DATED: SEPTEMBER 24, 1996 TRUSTOR: CONTINENTAL RANCH, INC., A DELAWARE CORPORATION TRUSTEE: FIRST AMERICAN TITLE INSURANCE COMPANY, A CALIFORNIA CORPORATION BENEFICIARY: SCRIPPS HEALTH, A CALIFORNIA NONPROFIT BENEFIT CORPORATION
PAGE 36
. : I
1996-1997 TAX INFORMATION:
CODE AREA: 09037 PARCEL NO.: 215-030-09-00 1ST INSTALLMENT: $1,166.07 PAID 2ND INSTALLMENT: $1,166.07 OPEN LAND VALUE: $210,000.00 IMPROVEMENTS: $-O- EXEMPT: $-O-
AFFECTS: PARCEL 6.
CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE:
IMPROVEMENTS:
EXEMPT:
AFFECTS: PARCEL 6.
CODE AREA: PARCEL NO.:
1ST INSTALLMENT:
2ND INSTALLMENT:
LAND VALUE:
IMPROVEMENTS:
EXEMPT:
09169 215-031-04-00 $11,775.57 PAID $11,775.57 OPEN $1,530,000.00 $-O- $-O-
09169 215-031-05-00 $1,119.68 PAID $1,119.68 OPEN $202,220.00 $-O- $-O-
AFFECTS: PARCEL 3.
CODE AREA: 09169 PARCEL NO.: 215-031-06-00 1ST INSTALLMENT: $339.51 PAID 2ND INSTALLMENT: $339.51 OPEN LAI!JD VALUE: $45,415.00 IMPROVEMENTS: $-O- EXEMPT: $-O-
-
ORDER NO. 1144050-6
AFFECTS: PARCEL 1.
PAGE 37
ORDER NO. 1144050-6
CODE AREA:
PARCEL NO.:
1ST INSTALLMENT:
2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS:
EXEMPT:
09029 221-010-18-00 $28,216.17 PAID $28,216.17 OPEN $2,560,000.00 $-O- $-O-
AFFECTS: PARCEL 4.
Cc,DE AREA: PARCEL NO.:
1ST INSTALLMENT:
2ND INSTALLMENT:
LAND VALUE:
IMPROVEMENTS: EXEMPT:
AFFECTS: PARCEL 4
CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT:
AFFECTS: PARCEL 2
CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT:
LAND VALUE:
IMPROVEMENTS:
EXEMPT:
AFFECTS: PARCEL 1
CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT:
09025 221-012-08-00 $7,756.91 PAID $7,756.91 OPEN $350,000.00 $-O- s-o-
09025 221-012-09-00 $7,011.78 PAID $7,011.78 OPEN $1,263,875.00 $-O- $-O-
09025 221-012-12-00 $15,195.92 PAID $15,195.92 OPEN $2,790,725.00 $-O- $-O-
09025 221-012-13-00 $21,217.37 PAID $21,217.37 OPEN $3,915,216.00 $-O- $-O-
AFFECTS: PARCEL 7.
PAGE 38
* .
. - .
h
ORDER NO. 1144050-6
CC?DE AREA: 09029 PARCEL NO.: 222-010-02-00 1ST INSTALLMENT: $51,703.44 PAID
2ND INSTALLMENT: $51,703.44 OPEN
LAND VALUE: $4,440,000.00
IMPROVEMENTS: $-O- EXEMPT: $-O-
AFFECTS: PARCELS 4 AND 5.
CODE AREA: 09025 PARCEL NO.: 222-011-05-00
1ST INSTALLMENT: $11,747.01 PAID
2ND INSTALLMENT: $11,747.01 OPEN
LAND VALUE: $2,123,310.00
IMPROVEMENTS: $-O- EXEMPT: $-O-
AFFECTS: PARCEL 2.
CODE AREA: 09025 PARCEL NO.: 222-011-06-00 1ST INSTALLMENT: $24,889.64 PAID 2ND INSTALLMENT: $24,889.64 OPEN LAND VALUE: $2,925,000.00
IMPROVEMENTS: $-O-
EXEMPT: $-O-
AFFECTS: PARCEL 4.
CODE AREA: 09029
PARCEL i\JO.: 222-012-01-00 1ST INSTALLMENT: $22,037.99 PAID 2ND INSTALLMENT: $22,037.99 OPEN
LAND VALUE: $2,010,000.00
IMPROVEMENTS: $-O-
EXEMPT: $-O-
AFFECTS: PARCEL 4.
CODE AREA: 09029 PARCEL NO.: 222-012-02-00
1ST INSTALLMENT: $13,187.93 PAID 2ND INSTALLMENT: $13,187.93 OPEN
LAND VALUE: $1,48O,OOG.O0
IMPROVEMENTS: $-O- EXEMPT: $-O-
AFFECTS: PARCEL 4.
PAGE 39
1
.
. . i
LEGAL DESCRIPTION
” * .
-
ORDER NO. 1144050-6
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
?ARCEL 1:
ALL THAT PORTION OF SECTIONS 13 AND 24, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, AND ALL THAT PORTION OF SECTIONS 18 AND 19 OF TOWNSHIP 12 SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF RECORD OF SURVEY NO. 9112 ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO CXJNTY, SAID STATE; THENCE ALONG THE WESTERLY LINE THEREOF SOUTH 2O36'40" EAST 384.39 FEET TO A POINT ON THE NORTHERLY SIDELINE OF PALOMAR AIRPORT ROAD PER ROAD SURVEY NO. 757; THENCE SOUTH 2'38'00" EAST 28.51 FEET TO A POINT ON THE CENTERLINE OF SAID PALOMAR AIRPORT ROAD AND THE ARC OF A NON-TANGENT 1200 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 2OO3'04" EAST; SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID WESTERLY LINE, EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 3OO1'34" A DISTANCE OF 63.38 FEET; THENCE LEAVING SAID CENTERLINE SOUTH 2O38'00" EAST 414.70 FEET TO THE BEGINNING OF A TANGENT 2200 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 61O47'39" A DISTANCE OF 2372.73 FEET; THENCE LEAVING SAID CURVE NON-TANGENT, NORTH 30°00'OO" EAST 194.76 FEET TO THE BEGINNING OF A TANGtiNT 825 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 3OO47'01" A DISTANCE OF 443.25 FEET; THENCE NORTH 60°47'01" EAST 206.20 FEET TO THE BEGINNING OF A TANGENT 900 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 34O19'16" A DISTANCE OF 539.12 FEET; THENCE SOUTH 8O51'23" WEST 1184.36 FEET; THENCE SOUTH 54°40'OO" WEST 2065.80 FEET; THENCE NORTH OOO3'46" WEST 185.20 FEET; THENCE NORTH 89O18'32" WEST 256.31 FEET TO A POINT ON SAID WESTERLY LINE; THENCE ALONG SAID LINE NORTH 2O38'00" WEST 3520.68 FEET TO THE TRUE POINT OF BEGINNING.
PAGE 40
ORDER NO. 1144050-6
THE NORTHEAST CORNER OF THE WEST HALF OF THE NORTHEAST QUARTER OF SAID SECTION 19; THENCE SOUTH OOO8'36" WEST ALONG THE EAST LINE OF SAID WEST HALF OF THE NORTHEAST QUARTER A DISTANCE OF 2670.01 FEET TO A 2 INCH IRON PIPE MARKED ACP 1927 ACCEPTED AS THE SOUTHEAST CORNER OF THE WESTERLY HALF OF THE NORTHEAST QUARTER OF SECTION 19; THENCE NORTH 89O45'16" WEST ALONG THE SOUTH LINE OF SAID WEST HALF OF THE NORTHEAST QUARTER A DISTANCE OF 1308.48 FEET TO THE NORTH-SOUTH CENTERLINE OF :SECTION 19; THENCE SOUTH OO20'46" WEST ALONG SAID NORTH-S3UTH CENTERLINE A DISTANCE OF 1336.03 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 19; THENCE NORTH 89O46'50" WEST ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER TO AND ALONG THE NORTH BOUNDARY OF SAID LA C3STA MEADOWS UNIT NO. 3, MAP NO. 7076, A DISTANCE OF 3097.45 FEET TO THE POINT OF BEGINNING, EXCEPTING THEREFROM THAT PORTION GRANTED TO THE CITY OF CARLSBAD BY DEED RECORDED FEBRUARY 24, 1977 AS FILE NO. 77-068081 OF OFFICIAL RECORDS.
PARCEL 5:
THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP 12 SOUTH, R,ANGE 3 WEST, SAN BERNARDINC BASE AND MF?IDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATE GOVERNMENT SURVEY THEREOF.
PARCEL 56:
ALL THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CC-UNTY OF SAN DIEGO, STATE OF CALIFORNIA, LYING NORTHERLY; NORTHWESTERLY AND NORTHEASTERLY OF A LINE DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER OF SECTION 24; THENCE NORTH 89O37'47" WEST ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER A DISTANCE OF 2635.50 FEET TO THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER; THENCE NORTH OO42'05" EAST ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER A DISTANCE OF 2277.33 FEET TO THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED LINE; THENCE LEAVING SAID WEST LINE SOUTH 89O17'44" EAST A DISTANCE OF 480.00 FEET TO THE BEGINNING OF A TANGENT 750.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 57O17'44" A DISTANCE OF 750.00 FEET; THENCE SOUTH 32°00'OO" EAST A DISTANCE OF 425.00 FEET TO THE BEGINNING OF A TANGENT 700.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 19°20'OO" A DISTANCE OF 236.20 FEET; THENCE SOUTH 51°20'OO" EAST A DISTANCE OF 440.25 FEET TO THE BEGINNING OF A TANGENT 150.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 82O18'00" A DISTANCE OF 215.46 FEET; THENCE NORTH 4G020'00" EAST A DISTANCE OF 82.83 FEET TO THE BEGINNING OF A NON-
PAGE 43
63
Y b * ,-
ORDER NO. 1144050-6
TANGENT 900.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
29'32'00" A DISTANCE OF 463.91 FEET; THENCE SOUTH 73°10'OO" EAST A
DISTANCE OF 120.00 FEET TO THE BEGINNING OF A TANGENT 900.00 FOOT
RADIUS CURVE, CONCAVE NORTHERLY SAID CURVE BEING THE PROLONGATION OF
A 900.c10 FOOT CENTERLINE RADIUS OF EL FUERTE DRIVE AS SHOWN ON MAP NO.
7076, LA COSTA MEADOWS UNIT NO. 3; THENCE EASTERLY ALONG THE ARC OF '=AID 900.00 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF lO44'50" A DISTANCE OF 27.45 FEET TO A POINT IN THE BOUNDARY OF SAID MAP NO. 7076, SAID BOUNDARY BEING ALSO THE EAST LINE OF THE AFOREMENTIONED SOUTHEAST QUARTER OF SECTION 24.
PARCEL 7:
ALL THAT PORTION OF SECTION 13, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN EERNARDINO MERIDIAN, AND ALL THAT PORTION OF SECTIONS 18 AND 19 OF
TOWNSHIP 12 SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY
OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF RECORD OF SURVEY NO. 9112, ON
FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SAID
STATE; THENCE ALONG THE WESTERLY LINE THEREOF SOUTH 2O36'40" EAST,
384.39 FEET TO A POINT ON THE NORTHERLY SIDELINE OF PALOMAR AIRPORT ROAD, PER ROAD SURVEY NO. 757; THENCE SOUTH 2O38'00" EAST, 28.51 FEET
TO A POINT ON THE CENTERLINE OF SAID PALOMAR AIRPORT ROAD AND THE ARC
OF A 1,200 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL LINE TO SAID
POINT BEARS NORTH 2OO3'04" EAST; THENCE LEAVING SAID WESTERLY LINE,
EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 3001'34" A DISTANCE OF 63.38 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CANTINUING ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE
OF 17°12'OO", A DISTANCE OF 360.24 FEET; THENCE SOUTH 67O43'22" EAST, 1,328.80 FEET TO THE BEGINNING OF A TANGENT 1,000 FOOT RADIUS CURVE
CONCAVE NORTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH
A CENTRAL ANGLE OF 3OO9'32", A DISTANCE OF 55.13 FEET TO A POINT ON THE ARC OF A NON-TANGENT 2,263 FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 8O33'46" WEST; THENCE EASTERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 16O17'25", A DISTANCE OF 643.41 FEET TO A POINT ON THE ARC OF A NON-TANGENT 1,000
FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS
s$OUTH 18O15'59" EAST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 3OO9'32", A DISTANCE OF 55.13 FEET; THENCE LEAVING SAID CURVE, NON-TANGENT SOUTH 21O26'31" EAST, 30.00 FEET; THENCE SOUTH 8O51'23" WEST, 723.04 TO A POINT ON THE ARC OF A NON- TANGENT 900 FOOT RADIUS CURVE CCihJCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 63O32'15" EAST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 34'19'16", A DISTANCE OF 539.12 FEET; THENCE SOUTH 6OO47'01" WEST, 206.20 FEET TO THE BEGINNING OF A TANGENT 825 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE
PAGE 44
.
c
ORDER NO. .1144050-6
SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
30°47'01", A DISTANCE OF 443.25 FEET; THENCE SOUTH 30°00'OO" WEST, 194.76 FEET TO A POINT ON THE ARC OF A NON-TANGENT 2,200 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH
25O34'21" WEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 61°47'39", A DISTANCE OF 2,372.73 FEET; THENCE NORTH 2O38'00" WEST, 414.70 FEET TO THE TRUE POINT OF
BEGINNING.
PAGE 45
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