HomeMy WebLinkAbout1990-06-05; Municipal Water District; 023; CMWD Project No. 89-C-3344. ‘ ir 82’
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TITLE:
. ACCEPTANCE OF GRANT DEED AND SUBORDINATION
DEPT. ENG. AGREEMENT FOR WATERLINE PURPOSES CMWD PROJECT NO. 89-C-334
RECOMMENDED ACTION:
Adopt Resolution No. 661 mm- accepting a Grant Deed and Subordination Agreement for Waterline purposes.
ITEM EXPLANATION:
LlOll Partnership, developers of the subject project, have granted an easement as directed in the attached documents. The easement is granted to the District for maintenance and operation of the water service to the project. Security Pacific National Bank, beneficiaries of the subject project, have granted a subordination agreement to agree that foreclosure or other enforcement of rights under said deed of trust shall not affect said easement for Lots 10 & 11, Carlsbad Tract 80-34. The subject project is located on the northeast side of Camino Vida Roble between Corte De1 Nogal and Corte De1 Abeto.
Engineering Staff has reviewed the Grant Deed and Subordination Agreement and find both satisfactory for their intended purposes.
FISCAL IMPACT
Requiring dedications and subordination agreements as a condition of water system improvements will save the District expenses in future easement acquisitions.
EXHIBITS
1. Location Map.
2. A Grant Deed and a Subordination Agreement from LlOll Partnership dated ,&&/ 1, /yPb . /
3. Resolution No. -a accepting a Grant Deed and -- Subordination Agreement for waterline purposes.
CMWD 89-C-334
LOCATION MAP
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/Vi? SCALE 3ANDlEG0, CA 93/l (S/9) S77- 7728
?ROJECT NAME
MSMN WE37 PRopE197~ES
PROJECT EXWBIT
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NO.
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CMWD 83-C- 334
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RESOLUTION NO. 661
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD MUNICIPAL WATER DISTRICT, ACCEPTING A WATERLINE EASEMENT AND A SUBORDINATION AGREEMENT FOR LOTS 10 AND 11. CARLSBAD TRACT 80-34, CMWD 89-C-334.
WHEREAS, LlOll PARTNERSHIP, a California general partnership
1 has submitted a Waterline Easement conveying an easement to the
Carlsbad Municipal Water District for waterline purposes over a
I portion of Lots 10 and 11, Carlsbad Tract 80-34; a Subordination
1 Agreement from Security Pacific National Bank, a national banking
association, which provides that foreclosure or other enforcement
of rights under said deed of trust shall not affect said easement
attached thereto and shall be made a part thereof; WHEREAS, the
Board of Directors of the Carlsbad Municipal Water District has
determined it to be in the public interest to accept said Deed
and Subordination Agreement;
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of
the Carlsbad Municipal Water District as follows:
1. That the above recitations are true and correct.
2. That the Grant Deed from LlOll Partnership dated
April 26, 1990 conveying an easement for waterline ---
purposes and a subordination agreement from Security Pacific
National Bank to agree that foreclosure or other enforcement of
rights under said deed of trust shall not affect said easement
over a portion of Lots 10 and 11, Carlsbad Tract 80-34 which is
on file with the Carlsbad Municipal Water District and is
incorporated herein by reference, is accepted.
3. That the Secretary of the Board is authorized to cause
the original Deed and Subordination Agreement to be recorded in
the Office of the County Recorder of San Diego County, State of
California, with the appropriate Certificate of Acceptance
attached.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Carlsbad Municipal Water District held on the 5th day of
June I 1990 by the following vote, to wit:
AYES: Board Members Lewis, Mamaux and Larson
NOES: None
ABSENT: Board Members Kulchin a
ATTEST:
Q&A- ALETHA L. RACTENKRANZ, Sec+tary
CMWD 89-C-334
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PLEASE NO FEE RECORD THIS DOCUMENT AT AS IT IS TO THE BENEFIT
,-- ;- i6&6 “0 32201i ’
OF THIS DISTRICT (GOV. CODE [6103])
' RECORDING REQUEST BY AND WHEN RECORDED, PLEASE MAIL TO:
Carlsbad Municipal Water District Engineering Department 5950 El Camino Real Carlsbad, California 92008
Assessor%7%xrcel No. 213-061-10 L 11 Project Name & No. Lots 10 &I 11, Carlabad Tract No. So-34 CMWD Projec,t No. 89-C-334
DOCUMENTARY TRANSFER TAX: None CARLSBAD MUNICIPAL WATER DISTRICT
lLl.inL& ,&AA Aletha L. Rautenkranz, Board of Directors
EASEMENT
LlOll PARTNBRSBIP, a California general partnership does hereby grant to CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized in the State of California, its successors and assigns, an easement.
Purpose: The easement granted herein shall be granted for the following purposes: the construction, operation, repair, reconstruction and all activities necessary to construct, reconstruct, operate, maintain and repair facilities designed for the general-p&pose of collecting, storing, transporting,-pumping and treating all water, including surface water, stream water, flood water and ground water flowing into said facilities, and all natural and artificial drainage ditches and structures of any kind, whether above or below the surface of the ground.
Said facility may include pipelines, pumping facilities, - -
_ _-_-
NO FEE
structures designed to control the flow of water and all facilities and structures associated with said use which are designed to facilitate the use and protect the facility from natural and other forms of damage including, but limited to, erosion control facilities, fences, gates, doors, locking devices, alarms, lights, and all other such protective facilities and devices. The use shall also include a means of access to and from said facility for the purpose of constructing, operating,
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repairing, maintaining, inspecting and reconstructing said facility.
The uses described herein shall be exclusive to the Grantee. Grantor herein agrees that no buildings and/or structures will be erected, walls constructed, fences built nor trees planted, nor may the easement be used by the Grantor or any other person or entity, including other utilities, whether public or private, for uses whether compatible or incompatible with the uses described herein without the express written approval of the Grantee.
LOCATION OF THE EASEMENT:
The easement granted herein shall be located within and upon the properties more particularly described in Exhibit '@A" and Exhibit llB1' attached hereto and by this reference made a part hereof.
LlOll PARTNERSHIP, a California general partnership
By G. A. ~d'+,rp,'&b kMLSS~We~~S,General Partner
BY w
IM~~en,W~ff~~~~,General Partner
DISTRICT
Dated & y-yr/
(Attach Notary Acknowledgment)
CMWD 89-C-344
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This is to certify that the interest in real property
conveyed by the Deed dated fiPR/L 36 , 1990,
from LlOll PARTNERSHIP, a California general partnership as
grantor, to CARLSBAD MUNICIPAL WATER DISTRICT, a Municipal Water
District Act of 1911, as amended, is hereby accepted by order of
the Board of Directors of the Carlsbad Municipal Water District
, 1990, and the Grantee consents to on IA-Q _ x
recor ation thereof by its duly authorized officer.
DATED
Wf lggo-
CARLSBAD MUNICIPAL WATER DISTRICT By:
-+ J&TLhu,e. Aletha L. Rautenkrakz, Secret Carlsbad Municipal Water District
CMWD 89-C-344
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_ Notary Acknowledgment for Lots 10 & 11, Carlsbad Tract 80-34
State of GJc '4% f-h& 1 . 1 ss County of 1
On this a* day of f&p f /'/ in the year 1990, before me, the undersigned,'a notary public in and for said state, personally appeared (i .%5enk Lci %5rech personally known to me (or 'proved to me% the basis 0; satisfactory evidence) to be the person that executed this instrument, on behalf of the partnership acknowledged to me that the partnership executed it.
. cP?zdL& .
ignature of N&ar
State of
. County of .si;ti DIeliD 1 ss 1
On this gb day of g ;&Df/'l in the year a'notary public 1990, before me, the undersigned, in and for said state, personally appeared Hourarrd +hhem personally known to me (or proved to me on the basis ok satisfactory evidence) to be the person that executed this instrument, on behalf of the partnership and acknowledged to me that the partnership executed it. OFFICIAL SEAL CELIA D. NICHOLAS
Notary Public-California LOS ANGELES COUNTY
MY &mm. Exp. Feb. 4. 1991
(Seal of Notary)
CMWD 89-C-334
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LOT 10
LEGAL DESCRIPTION
EASEMENT “A”
BEGINNING AT A 3/4" x 18” IRON PIPE MONUMENT ON THE NORTHERLY RIGHT OF WAY
LINE OF CAMINO YIDA ROBLE, SAID MONUMENT BEING THE COMMON CORNER OF LOTS ND.
10 AND 11 OF CARLSBAD TRACT 80-34, MAP NO. 10062, OF RECORD IN THE OFFICE OF
THE COUNTY RECORDER, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS FILE NO.
81-115130 RECORDED APRIL 15, 1981; THENCE FROM THE POINT OF BEGINNING ALONG THE
COMMON LOT LINE N 27”29’54” W 115.06 FEET TO THE TRUE POINT OF BEGINNING. THENCE
FROM THE TRUE POINT OF BEGINNING ALONG THE CENTERLINE OF AN EASEMENT 15 FEET lN
WIDTH LYING 7.5 FEET ON EACH SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTER
LINE: S 73”45’06” W 80.27 FEET; THENCE N 49”59’54” W 67.34 FEET; THENCE
N 27”29’54” W 36.57 FEET TO PO I NT “A”; THENCE N 27”29’54” W 96.28 FEET; THENCE
N 55”40’03” W 103.64 FEET; THENCE S 32”04’22” W 107.44 FEET; THENCE S 77”04’22” W
18.03 FEET To POINT ‘18”; THENCE S 77”04’22” W 31.47 FEET; THENCE N 57"55'38" W
77.00 FEET TO POINT “C”; THENCE N 57"55'38" W 24.00 FEET TO A POINT OF TERMINUS
IN THE EASTERLY RIGHT OF WAY LINE OF CORTE DEL NOGAL. THE SIDELINES OF SAID
15 FOOT EASEMENT TO BE LENGTHENED OR SHORTENED AT ALL ANGLE POINTS TO INTERSECT
’ . WITH THE COMMON BOUNDARY LINE OF LOTS NO. 10 AND 11.
EASEMENT “B”
BEGINNING AT THE AFORESAID POINT “A”. THENCE S 62”30’06” W 15.00 FEET TO A
POINT OF TERMINUS.
EASEMENT “C”
BEGINNING AT THE AFORESAID POINT “B”, THENCE N 12”55’38” W 15.00 FEET TO A
POINT OF TERMINUS.
EASEMENT “D”
BEGINNING AT THE AFORESAID POINT “C”, THENCE N 32”04’22” E 24.00 FEET TO A
POINT OF TERMINUS.
CMWD 89-C-334
EXH I &IT “A”
. . . ,-’ r 1’ I ; SHEET 1 OF 2’ . ‘_
LOT 11 *. LEGAL DESCRIPTION
EASEMENT “E”
BEG INN I NG AT A 3/4" x 18” I RON Pi PE MONUMENT ON THE NORTHERLY RI GHT OF WAY .. LINE OF CAMINO VlDA ROBLE, SAID MONUMENT BEING THE COMMON CORNER OF LOTS No.
10 AND 11 OF CARLSBAD TRACT 80-34, MAP NO. 10062;OF RECORD IN THE OFFICE OF
THE COUNTY RECORDER,-COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS FILE NO.
81-115130 RECORDED APRIL 15, 1981; THENCE FROM THE POINT OF BEGINNING ALONG THE
COMMON LOT LlNE N 27O29’54” W 115.06 FEET TO THE TRUE POINT OF BEGINNING. THENCE
FROM THE TRUE POINT OF BEGINNING ALONG THE CENTERLINE OF AN EASEMENT 15 FEET lN
WIDTH LYING 7.5 FEET ON EACH SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED
CENTER LINE: N 73"45'06" E 47.92 FEET TO POINT (‘A”; THENCE N 64"51'24" E 98.16
FEET TO POINT “B”; THENCE N 64”51’24” E 190.67 FEET; THENCE N 27”29’54” W
68.16 FEET; THENCE N 62"30'06" E 12.00 FEET TO POINT “C”; THENCE N 62"30'06" E
45.00 FEET TO A POINT OF TERMINUS ON THE WESTERLY RIGHT OF WAY LI’NE OF CORTE DEL
ABETO. THE SIDELINES OF SAID 15 FOOT EASEMENT TO BE LENGTHENED OR SHORTENED AT
ALL ANGLE POINTS TO INTERSECT WITH THE COMMON BOUNDARY LINE OF LOTS NO. 10 AND Il. .
EASEMENT “F”
BEGINNING AT THE AFORESAID POINT “A”, THENCE N 27”29’54” W 197.12 FEET; THENCE
N 64”00’32” E 31.26 FEET TO A POINT OF TERMINUS.
EASEMENT “G”
BEGINNING AT THE AFORESAID POINT “B”, THENCE S 25’08’ 36” E 15.00 FEET TO A
POINT OF TERMINUS.
EASEMENT “H”
BEGINNING AT THE AFORESAID POINT “C”, THENCE N 27”29’54” W 23.55 FEET TO A
POINT OF TERMINUS.
THE SIDELINES OF SAID 15 FOOT EASEMENT TO BE LENGTHENED OR SHORTENED AT ALL
ANGLE POINTS TO INTERSECT WITH THE SIDELINE OF EASEMENT “E”.
CMWD 89-C-334
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PLEASE RECORD THIS DOCUMENT AT 2094) NO FEE AS IT IS TO THE BENEFIT - zEi;[:zcEi. It4
OF THIS DISTRICT (GOV. COD&' [6183]) 1 f prg-t.&L .gy;i;~f~~~-~ ) 1 ri'c-+~i.f;:<;:~ f:.;ri.3ii%i:A
RECORDING REQUESTED BY AND gQJ&! tt Aft&l? WHEN RECORDED, PLEASE MAIL TO
Carlsbad Municipal Water District 5950 El Camino Real Carlsbad. California 92008
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?%I FEE Space above this line for Recorder's use. A.P.N. 213-061-10 h 11 CMWD 89-C-334
SUBORDINATION AGREEMENT
NOTICE:
THIS
19+ by LlOll -
THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO AN ESTATE IN THE REAL PROPERTY TO WHICH YOUR SECURITY INSTRUMENT ATTACHES AND HAS THE POTENTIAL EFFECT OF REDUCING THE VALUE OF YOUR SECURITY INTEREST.
AGREEMENT, made this is7 day of /ZL d/ I / PARTNERSHIP, a California general partnership
hereinafter referred to as llOwner,'l owner of the land and
SECURITY PACIFIC NATIONAL BANK, a national banking association,
hereinafter referred to as lVBeneficiaryV1; present owner and
holder of the deed of trust hereinafter described;
WITNESSETH
THAT WHEREAS, LlOll PARTNERSHIP, a California general
partnership did execute a deed of trust, dated December 14, 1989,
to EQUITABLE DEED COMPANY, a California corporation as trustee,
covering LOTS 10 & 11, Carlsbad Tract 80-34 in the City of
Carlsbad, County of San Diego, State of California, according to
Map No. 10062 filed April 16, 1981, to secure a note in the the
sum of $1,600,000.00 dated December 14, 1989 in favor of Security
Pacific National Bank, a national banking association recorded in
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the office of the County Recorder of SanDiego County on February
201 1990 as File/Page No. 90-091179 of Official Records/of said
county; and
WHEREAS, Owner has executed, or is about to execute, as
grantor, a grant of Easement dated lhdf,/ 1990 , in favor of
the Carlsbad Municipal Water District as grantee herein referred
to as "Easement Grantee," creating an Easement more particularly
described in Exhibits A and B attached hereto; and
WHEREAS, Easement Grantee is willing to accept said
Easement provided the grant of Easement is a charge upon the
above described property prior and superior to the lien or charge
of the deed of trust above mentioned and provided that
beneficiary will specifically and unconditionally subordinate the
lien or charge of the deed of trust above mentioned to the lien
or charge of the Easement created in favor of Easement Grantee;
and
WHEREAS, it is to the mutual benefit of the parties
hereto that Easement Grantee accept said Easement and Beneficiary
is willing the grant of Easement shall, when recorded, constitute
a charge upon said land which is unconditionally prior and
superior to the lien or charge of the deed of trust above
mentioned.
NOW, THEREFORE, in consideration of the mutual benefits
accruing to the parties hereto and other valuable consideration,
the receipt and sufficiency of which consideration is hereby
acknowledged, and in order to induce Easement Grantee to accept
said Easement above referred to, it is hereby declared,
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' understood and agreed as follows:
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1. That said Easement in favor of Easement Grantee
shall unconditionally be and remain at all times a charge on the
property therein described, prior and superior to the lien or
charge of the deed of trust above mentioned.
2. That Easement Grantee would not accept said
Easement above described without this subordination agreement.
3. That this agreement shall be the whole and only
agreement with regard to the subordination of the lien or charge
of the deed of trust above mentioned to the Easement in favor of
Easement Grantee above referred to and shall supersede and
cancel, but only insofar as would affect the priority between the
deed of trust and Easement hereinbefore specifically described,
any prior agreement as to such subordination including, but not
limited, those provisions, if any, contained in the deed of trust
above mentioned, which provide for the subordination of the lien
or charge thereof to another interest in the real property
therein described.
BENEFICIARY declares, agrees and acknowledges that:
1. He consents to and approves the grant of Easement
in favor of the Easement Grantee.
2. He intentionally and unconditionally waives,
relinquishes and subordinates the lien or charge of the deed of
trust above mentioned to the Easement in favor of Easement
Grantee above referred to and understands that in reliance upon,
and in consideration of, this waiver, relinquishment and
subordination of the grant of Easement is being executed and
delivered, the Easement is being created, and that specific
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' monetary and other obligations are being and will be entered into
by the Easement Grantee, other lenders and title insurance
companies which would not be made or entered into but for said
reliance upon the waiver, relinquishment and subordination; and
3. An endorsement has been placed upon the note
secured by the deed of trust above mentioned that said deed of
trust has by this instrument been subordinated to the charge of
the Easement in favor of Easement Grantee above referred to
BENEFICIARY OWNER: SECURITY PACIFIC NATIONAL BANK, LlOll PARTNERSHIP, a a national banking association California general partnership .
m 1551ON ti6-f $@Meu
Vr;c - President
NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRETARY OR ASSISTANT SECRETARY MUST SIGN FOR CORPORATE EXECUTIONS OF THIS DOCUMENT. ALTERNATELY A TRUE COPY OF THE RESOLUTION OF TEE BOARD
OF DIRECTORS THAT IS SIGNED BY THE SECRETARY OR ASSISTANT SECRETARY OF THE CORPORATION, UNDER CORPORATE SEAL SPECIFICALLY EMPOWERING TEE INDIVIDUAL SIGNING IN BEHALF OF THE CORPORATION WILL SHOW SUFFICIENT AUTHORITY OF SAID INDIVIDUAL TO ACT IN THIS MATTER.
IT IS RECOMMENDED TEAT, PRIOR TO THE EXECUTION OF THIS SUBORDINATION AGREEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO.
Approved as to form:
(Notarial acknowledgment of execution by OWNER and BENEFICIARY must be attached. CMWD 89-C-334
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' Notary Acknowledgment for Lots 10 & 11, C.T. 80-34
On before state, persona personally appeared .lly known to satisfactory evidence) Pacific National Bank,
on the basis 0;
instrument, known to me to be the persons who executed the within instrument on behalf of the association therein named, and acknowledged to me that such association executed the same, and acknowledged to me that such association executed the within instrument pursuant to its by-laws or a resolution of its board of directors.
State of
County of
1 1 ss 1
On this day of in the year 1990, before me, the undersigned, a notary pub&c in and for said state, personally appeared personally known to me (or proved to me on the basis 0; satisfactory evidence) to be of the Security Pacific National Bank, the association that executed the within instrument, known to me to be the persons who executed the within instrument on behalf of the association therein named, and acknowledged to me that such association executed the same, and acknowledged to me that such association executed the within instrument pursuant to its by-laws or a resolution of its board of directors.
(Signature of Notary) (Seal of Notary)
CMWD 89-C-334
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Notary acknowledgment for Lots 10 & 11, C.T. 80-34
State of Cd~Corn,~ )
County of %fi3\+XI ,' "
On this +- day of 6y\&y in
before me, the undersigned, a notary public the year 1990, in and for said
state, personally appeared &L)cwci Andecsa v\
personally known to me (or proved to me on the basis 0; satisfactory evidence) to be the person that executed this instrument, on behalf of the partnership and acknowledged to me that the partnership executed it. OFFICIAL SEAL CELIA 0. NICHOLAS
Notary Public-California LOS ANGELES COUNTY
My &mm. Exp. Feb. 4. 1991
T-4-..,- _u (Seal of Nota
State of Cdlibrn\*a )
County of
On this PJ zY day of c?Gy in the year 1990, before me, the undersigned, a -notary public in and for said state, personally appeared kc-t& L. A\bwh+ personally known to me (or provedat me on the" basis 0; satisfactory evidence) to be the person that executed this instrument, on behalf of the partnersh that the partnership executed it.
(Seal of Notary)
CMWD 89-C-334
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’ t !- EXHIBIT “A” ’ 1 ; . - SHEET 1 OF 2
. LOT 10
LEGAL DESCRIPTION
EASEMENT “A”
BEG INN I NG AT A 3/4" x 18" I RON PIPE MONUMENT ON THE NORTHERLY RIGHT OF WAY
LINE OF CAMINO J/IDA ROBLE, SAID MONUMENT BEING THE COMMON CORNER OF LOTS NO.
10 AND 11 OF CARLSBAD TRACT 80-34, MAP NO. 10062, OF RECORD IN THE OFFICE OF
THE COUNTY RECORDER, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS FILE NO.
81-115130 RECORDED APRIL 15, 1981; THENCE FROM THE POINT OF BEGINNING ALONG THE
COMMON LOT LINE N 27”29’54” W 115.06 FEET TO THE TRUE POINT OF BEGINNING. THENCE
FROM THE TRUE POINT OF BEGINNING ALONG THE CENTERLINE OF AN EASEMENT 15 FEET lN
WIDTH LYING 7.5 FEET ON EACH SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTER
LINE: S 73”45’06” W 80.27 FEET; THENCE N 49"59'54" W 67.34 FEET; THENCE
N 27”29’54” W 36.57 FEET TO POINT “A”; THENCE N 27”29’54” W 96.28 FEET; THENCE
N 55"40'03" W 103.64 FEET; THENCE S 32”04’22” W 107.44 FEET; THENCE S 77”04’22” w
18.03 FEET TO POINT “B”; THENCE S 77”04’22” W 31.47 FEET; THENCE N 57"55'38" W
77.00 FEET TO PO I NT “C”; THENCE N 57"55'38" W 24.00 FEET TO A POINT OF TERMINUS
IN THE EASTERLY RIGHT OF WAY LINE OF CORTE DEL NOGAL. THE SIDELINES OF SAID
15 FOOT EASEMENT TO BE LENGTHENED OR SHORTENED AT ALL ANGLE POtNTS TO INTERSECT
. . WITH THE COMMON BOUNDARY LINE OF LOTS NO. 10 AND 11.
EASEMENT “8”
BEGINNING AT THE AFORESAID POINT “A”. THENCE S 62"30'06" W 15.00 FEET TO A
POINT OF TERMINUS.
EASEMENT “C”
BEGINNING AT THE AFORESAID POINT “B”, THENCE N 12"55'38" W 15.00 FEET TO A
POINT OF TERMINUS.
EASEMENT “0”
BEGINNING AT THE AFORESAID POINT “C”, THENCE N 32”04’22” E 24.00 FEET TO A
POINT OF TERMINUS.
CMWD 89-C-334
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.,--- EXHIBIT “‘A“ ,
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. LOT 11
LEGAL DESCRI PTI ON
EASEMENT “E”
BEGl NNlNG AT A 3/4” x 18” I RON PIPE MONUMENT ON THE NORTHERLY RIGHT OF WAY .. LINE OF CAMINO VIDA ROBLE, SAID MONUMENT BEING THE COMMON CORNER OF LOTS NO.
lo AND 11 OF CARLSBAD TRACT 80-34, MAP NO. 10062, ‘OF RECORD IN THE OFFICE OF
THE COUNTY RECORDER, -COUNTY OF SAN DI EGO, STATE OF CAL I FORNI A, AS Fl LE NO.
81-115130 RECORDED APRIL 15, 1981; THENCE FROM THE POINT OF BEGINNING ALONG THE
COMMON LOT LINE N 27”29’54” W 115.06 FEET TO THE TRUE POINT OF BEGINNING. THENCE
FROM THE TRUE POINT OF BEGINNING ALONG THE CENTERLINE OF AN EASEMENT 15 FEET IN
WIDTH LYING 7.5 FEET ON EACH SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED
CENTER LINE: N 73”45’06” E 47.92 FEET TO POINT “A”; THENCE N 64”51’24” E 98.16
FEET TO POINT “8”. THENCE N 64”51’24” E 190.67 FEET; THENCE N 27”29’54” W
68.16 FEET; THEN& N 62“30’06” E 12.00 FEET TO PO I NT “C”; THENCE N 62”30’06” E
45.00 FEET TO A POINT OF TERMINUS ON THE WESTERLY RIGHT OF WAY LINE OF CORTE DEL
ABETO. THE SIDELINES OF SAID 15 FOOT EASEMENT TO BE LENGTHENED OR SHORTENED AT
ALL ANGLE POINTS TO INTERSECT WITH THE COMMON BOUNDARY LINE OF LOTS NO. 10 AND 11. . .
EASEMENT “F”
BEGINNING AT THE AFORESAID POINT “A”, THENCE N 27”29’54” W 197.12 FEET; THENCE
N 64”00’32” E 31.26 FEET TO A POINT OF TERMINUS.
EASEMENT “G”
BEGINNING AT THE AFORESAID POINT “8”) THENCE S 25’08’36” E 15.00 FEET TO A
POINT OF TERMINUS.
EASEMENT “HI’
BEGINNING AT THE AFORESAID POINT “C”, THENCE N 27”29’54” W 23.55 FEET TO A
POINT OF TERMINUS.
THE SIDELINES OF SAID 15 FOOT EASEMENT TO BE LENGTHENED OR SHORTENED AT ALL
ANGLE POINTS TO INTERSECT WITH THE SIDELINE OF EASEMENT “E”.
CMWD 89-C-334
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