HomeMy WebLinkAbout1991-12-03; Municipal Water District; 136; Grant Deed & Subordination AgreementCARLSBAD M”“YICIPAL WATER DISTRICT -
RECOMMENDED ACTION:
Adopt Resolution No. 9/P I accepting a Grant Deed and Subordination Agreement for water line purposes.
ITEM EXPLANATION
Crivello Corporation, 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. San Diego Trust & Savings, beneficiary of the subject project, has granted a subordination agreement to agree that foreclosure or other enforcement of rights under said deed of trust shall not affect said easement for Lot 11, Carlsbad Research Center Unit 1, Carlsbad Tract 81-10, CMWD Project No. 87-C-232. The subject project is located on the north east corner of Priestly Drive and Geiger Court.
Engineering Staff has reviewed the Grant Deed and Subordination Agreement and find both documents 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 from Crivello Corporation dated October 24, 1991 and a Subordination Agreement from the Bank of La Costa dated October 24, 1991.
3. Resolution No. (4 / accepting a Grant Deed and a Subordination Agreement for water line purposes.
CMWD 87-C-232
CXATION MAF
VICINITY MAP. ’
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CERTlYlCA*JTE; OP AMENDKE?J?T
OF ARTICLES OF
CHIVFlLLO
ZNCORPORATION
CORPORATION DEC t 1 I990
J&ck Crivello certifies that:
1. He is the president and 6eClcetary of Crivello
Corporation, a California corporation.
2. The Articles of Xncotporation of this corporation
are amended by the addition of Article Five, which read6 a6
FZVE: The liability of the directocs Of the corporation for monetary damages shall be eliminated to the fullest 8Xtent permissible under California law.
The carpOration ’ provide indemnificatfon authorieod to of agents (as defibeu in Section 317 of the Corporations Cods) for breach of duty t;~ the corporation and its sCockholders through bylaw provisions or through agreements with the agents, or Mth, in
BXCBSS of the indemnification otherwise permitted by sectian 317 of the Corporations Code, subject to the
limits on such excess indemnificstion set forth in Section 204 of the Corporations Code,
3, The foregoing amendments of the articles of
incorporation hsve been duly approved by the board of directors,
4, The foregoing amendments of the articles oL
incorporation have been duly approved by the required vote oE
SUN PRCIFIC ENT. r L SQT .BY~ALLD'. IrlXTKISS, f3 AL{->- 7-31 ; 3:07py : I
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Mar '-91 15:12 No.001 F.03 s.n D Id - CA- 613 544 Yblu:= 4' 4
~hsr@‘xoldera in accordance with Section 902 of the Corporations
Code,
51 The total number of outstanding voting shares of
the corporbtion is 1000. The number of shares voting-in favor
of the amendment equaled or exceeded the vote required. The
percentage vote required was more than fifty percent (SO%),
I further declare under penalty of perjury under the
laws Of the State of California that the matters sot forth in
thi$ C&?rtific&e are true’ and correct of my own knowledge.
DATED :
+-- 9 tf* CriV8110, 6eCtXt8ry
-2-
SUN PQCIFIC ENT.
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State 0 Ca ifornia I
OFFICE OF THE SECRETAf’?Y QF STATE
391 15:13 No.001 P.04
c0l-l P~H-iA?‘K)N DIVISION
I, MARCIA’ FONG EU, Secretary of State of the
State of California, hereby certify:
That the annexed transcript has been compared with the corporate record on file in this office, of which it purports to be a copy, and that same is full, true anc3 correct,
IN WLTNESS WHEREOF, I execute thhxxtiifbatc clnd &x the Great
Seal of the State of California this
--.- JIEux.J.90 . . ..-..*..--.-.-.--.-
t/lA&uh’-huyF-
Swcrnry of Siutr
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PLEASE RECORD THIS DOCUMENT AT 1 NO FEE AS IT IS TO THE BENEFIT i OF THIS DISTRICT (GOV. CODE [6103]) )
RECORDING REQUESTED BY AND i WHEN RECORDED, PLEASE MAIL TO: 1
Carlsbad Municipal Water District ; Engineering Department 1 5950 El Camino Real Carlsbad, California 92008
" Space above this line for Recorder's,use.
Assessor's Parcel No%' & 212-061-08 c. .,i
Project Name 6 No. Lot 11, Carlsbad Research Cenfer,
*; 'DOCUMENTARY TRA&FER t!AX: None '6 ", ir :s CARLSBAD MUNICIPAL'--- ;,I WATER DISTRICT (.- ; ', I .Q
CRIVELLO CORPORATI&, a Ca1iforni.d corporation?' .:
1 4 i-.
does hereby grant to CARLSBAD MUMfCIPAI.W~TER~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 purpose 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,
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' whether above or below the surface of the ground.
~ Said facility may include pipelines, pumping facilities,
structures designed to control the flow of water and all facilities
and structures associated with said use which are designed to
1 facilitate the use and protect the facility from natural and other
forms of damage including, but limited to, erosion control
facilities, fences, gates, door6, locking devices, alarms, lights,
and all other protective facilities and devices. The use shall ,=
also include a-means' of access to and from said fad .F ty for the
purpose of "c&tructing, operating, repairing, _L maintaining,
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inspecting and ‘reconstructing said facility. >.” J
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, The:&uses described herein 'shall be excltisf
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Grantee. -@or herein agrees that no buildings andjck6' i ructures
will be erected, walls constructed", fences built nor trees planted,
nor may the easement be used by the Grantor or'an$ other person or
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entity, including other utilities,'whether pddc or private, for
uses whether &mpatible or incompatible with‘ the‘ uses described ‘. "~ L.- i herein without &&:express written appxmd of'qe Grantee. -.
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LOCATION OF THE EASEMENT:
The easement granted herein shall be located within and
upon the properties more particularly described in Exhibit "A" and
Exhibit IrBlc attached hereto and by this reference made a part
hereof.
Exe -A? ted by the GRANTOR this
19s. day of m,
GRANTOR: j
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CRWELLO CORPORATION
STATE OF CALIFORNIA COUNTY OF SAN DIEGO
On this day of CC&Xv &k in the year 1991, before me,
the undersigned, a Notary Public in And for said County and State, personally appeared TC%W E. &tie\\0 I personally known
erson(s) who e .saw NKJL pfe s named, and a&!nowledged'<o me that the corporation executed it. -
Witness my hand and official seal:
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Notary Seal or Stamp
3/14/91 REV. I
LOT 11, CT 81-10 UNIT 1, MAP NO. 10330 C.M.W.D. 87-C.232 JN 127/90/00 12/3/90 FF REV. 2/7/91 FF
EXHIBIT 'A'
ALL THAT PORTION OF LOT 11 OF CARLSBAD TRACT NO. 81-10 UNIT 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 10330, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 18, 1982, BEING A STRIP OF LAND 15.00 FEET IN WIDTH, LYING 7.50 FEET ON EACH SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINE:
PARCEL A:
BEGINNING AT A POINT ON THE MOST SOUTHERLY CORNER OF SAID LOT 11, SAID POINT BEING ON THE NORTHERLY RIGHT OF WAY LINE OF RUTHERFORD ROAD, THENCE NORTH 77'04'13" EAST ALONG SAID RIGHT OF WAY LINE AND ALONG THE SOUTHERLY PROPERTY LINE OF SAID LOT 11, 157.33 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID NORTHERLY RIGHT OF WAY LINE ALONG SAID CENTERLINE NORTH 12'55'47" WEST, 29.30 FEET; THENCE CONTINUING ALONG SAID CENTERLINE SOUTH 77"04'13" WEST 113.83 FEET; THENCE NORTH 12*55'47' WEST, FEET TO A PO;NT HEREINAFTER REFERRED TO AS POINT 41.53 'A'; THENCE NORTH 12.55'47" WEST, 331.69 FEET; THENCE NORTH 56'44'59" EAST, 14.00 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT 'B'; THENCE NORTH 56'44'59" EAST, 58.00 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT 'C'; THENCE NORTH 56'44'59" EAST, 41.00 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT 'D'; THENCE NORTH 56' 44'59" EAST, 20.00 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT. ‘E’; THENCE NORTH 56"44'59" EAST, 23.50 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT 'F'; THENCE NORTH 56' 44'59" EAST, 10.00 FEET TO A POINT OF TERMINUS.
ALSO PARCEL Al:
BEGINNING AT 'THE AFORESAID POINT ‘A’; THENCE NORTH 77* 04'13" EAST, 17.00 FEET TO A POINT OF TERMINUS.
ALSO PARCEL AZ:
BEGINNING AT THE AFORESAID POINT 'B'; THENCE SOUTH 33' 15'01" EAST, 17.00 FEET TO A POINT OF TERMINUS.
ALSO PARCEL A3:
BEGINNING AT THE AFORESAID POINT 'C'; THENCE SGUTH 33' 15'01" EAST, 18.50 FEET TO A POINT OF TERMINUS.
SHEET 1 OF 3
ALSO PARCEL A4:
BEGINNING AT THE AFORESAID POINT 'D'; THENCE SOUTH 33O 15'01' EAST, 31.00 FEET TO A POINT OF TERMINUS.
ALSO PARCEL A5:
BEGINNING AT THE AFORESAID POINT 'E'; THENCE NORTH 33" 15'01' WEST, 46.50 FEET TO A POINT OF TERMINUS, SAID POINT BEING A POINT ON THE NORTHERLY PROPERTY LINE OF SAID LOT 11.
ALSO PARCEL A6, BEING A STRIP OF LAND 20.00 FEET IN WIDTH, LYING 10.00 FEET ON EACH SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINE:
BEGINNING AT THE AFORESAID POINT 'F'; THENCE SOUTH 33' 15'01" EAST, 21.00 FEET TO A POINT OF TERMINUS.
PARCEL B:
BEGINNING AT A POINT ON THE MOST NORTHERLY CORNER OF SAID LOT 11, SAID POINT BEING ON THE WESTERLY RIGHT OF WAY LINE OF PRIESTLY DRIVE; THENCE SOUTH 52'23'41" EAST ALONG SAID RIGHT OF WAY' LINE AND ALONG THE NORTHEASTERLY PROPERTY LINE OF SAID LOT 11, 198.63 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID WESTERLY RIGHT OF WAY LINE ALONG SAID CENTERLINE SOUTH 61° 05'20." WEST, 65.50 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT THENCE CONTINUING ALONG SAID CENTERLINE SOUTH 61° 05'20" 'G'; WEST, 75.12 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT 'H'; THENCE SOUTH 61OO5'20" WEST, 18.11 FEET; THENCE SOUTH 12'55'47" EAST, 252.71 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT 'I'; THENCE SOUTH 12'55' 47" EAST, 48.41 FEET; THENCE NORTH 77O 04' 13' EAST, 52.50 FEET TO A POINT OF TERMINUS.
ALSO PARCEL Bl, BEING A STRIP OF LAND 20.00 FEET IN WIDTH, LYING 10.00 FEET ON EACH SIDE AND PARALLEL WITH THE FGLLOWING DESCRIBED CENTERLINE:
BEGINNING AT THE AFORESAID POINT 'G'; THENCE SOUTH 28' 54'40" EAST, 23.00 FEET TO A POINT OF TERMINUS.
ALSO PARCEL B3:
BEGINNING AT THE AFORESAID POINT 'I'; THENCE SOUTH 77" 04'13' WEST, '30.00 FEET TO A POINT OF TERMINUS.
ALSO PARCEL B2, BEING A STRIP OF LAND 15.00 FEET IN WIDTH, LYING 7.50 FEET ON EACH SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINE:
SHEET 2 OF 3 C.M.W.D. DWG. 87-C.232
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BEGINNING AT THE AFORESAID POINT ‘H’; THENCE SOUTH 28O 54'40" EAST, 29.00 FEET TO A POINT OF TERMINUS.
THE SIDELINES OF THE SAID 15.00 FOOT WIDE AND 20.00 FOOT WIDE STRIP OF LANDS SHALL BE LENGTHENED AND/OR SHORTENED AT ALL ANGLE POINTS SO THAT SAID SIDELINES SHALL BE CONTINUOUS AND SHALL BEGIN IN SAID NORTHERLY RIGHT OF WAY LINE OF RUTHERFORD ROAD FOR PARCEL A AND SHALL BEGIN IN SAID WESTERLY RIGHT OF WAY LINE OF PRIESTLY DRIVE FOR PARCEL B, AND SHALL TERMINATE IN A LINE PERPENDICULAR TO SAID CENTERLINE AT CENTERLINE TERMINUS.
AREA OF DEDICATION, PARCELS A, Al, A2, A3, A4, A5, A6, B, Bl, B2 ANSD B3: 20,666.65 SQUARE FEET.
CHARLES S. KAHR R.C.E. 23907 DATE REGISTRATION EXPIRES 12/31/93
SHEET 3 OF 3 C.M.W.D. DWG. 87-C.232
w!3/127-90
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CHARLES S. KAHR R.C.E 23907 DATE REGISTRATION EXPlRES 12/31/93
KAHR A/$l ASSOCIATES
5600 AVENIDA ENCMAS, SUITE 133 CARLSBAD, CA 92008
3-N 127/90 loo f//23/90
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CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed
by the Deed dated 2f , 19E, from
CRIVELLO CORPORATION, a California corporation I
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 on
December 3 I 19 91 , and the Grantee consents to
recordation thereof by its duly authorized officer.
DATED: December 4 ,192.
CARLSBAD MUNICIPAL WATER DISTRICT
ALETBA L. RAUTENKRANZ, Secre Board of Directors
CMWD 87-C-232
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PLEASE RECORD THIS DOCUMENT AT NO FEE AS IT IS TO THE BENEFIT OF THIS DISTRICT (GOV. CODE [6103]). )
RECORDING REQUESTED AND i WHEN RECORDED, PLEASE MAIL TO
i Carlsbad Municipal Water District 5950 El Camino Real i Carlsbad, California 92008 1
: Space above this line for
3 ' Recorder@q use.
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A.P.& 222-061-08 CMWDNoi"'87-C-232
: - "2 :;x / * *,* ,a"‘ SUBORDINATI~~AGREEMENT ' ' ,/ ,.' 46 NOTICE: THIS SUBORDINATIONAi3REEMENT RESULT@+- IN YOUR SECURITY INTEREST IN THE" i ; - PROPERTY BECOMING SUBJECT TO AN ' ESTATE IN THB REAL PROPERTY TO WEICE ". ' YOUR SECURITY INSTRUHEHZ ATTACHES -, id AND HAS TEB POTENTIAL EFFECT OF ;
‘ _ '1. )' :.,*
REDUCING TEB VALUE O@YOUR SECURITY INTEREST;
THIS AC REEMENT, made this 4 G&L hay of I
i
19xby CRIVELLO :'CORPORATION, ;iF' California; gorporation I ,.‘ (Trust& hereinafter referred"%to as "Owner,l' owner' of the land and SAN DIEGO TRUST & SAVINGS BANK, &~~California Corporation (owner) " *' -: hereinafter referred to as ~Beneficiary'C,:.present owner and holder
of the deed of trust hereinafter described; I
WITNESSETH
THATWHEREAS, Crivello Corporation (Trustor) did execute a deed of
trust, dated January 16 San Diego Trust C (Date) (Trustee) Savinss Bank astrustee, covering
Lot 11, Carlsbad Research Center Unit 1, CMWD Project No. 87-C-232
Map No. 10330 (Brief Legal Description) I
(See Exhibit 'A' C I B1 for Detailed Description)
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to secure a note in the sum of one million, three hundred fifty (Lien Amount) thousand dollars ($ 1,350,000.00 ) dated January 16 (Date) ‘ 193, in favorof San Dieqo Trust & Savinqs Bank recorded (Beneficiary) in the office of the County Recorder of San Dieqo County (County) on January 23, 1990 , as FileNo. go-039538 of Official (Date Recorded) (F/P No.) Records of said county; and. .I . .
WHEREAS,. Owner haa executed, *or ia about to execute, as
grantor, a grant of EASEMENT/EASEMENTS date&. /61-,$/~~/ , in
favor of the Ca+rlsbad Municipal Water District. ts grantee, i .
hereinafter referred to as "Easement Grantee I1 creating AN/THE I
EASEMENT/EASEMENTS more particularly described in EXHIBIT/EXHIBITS '# 'A' & IBt ' a&ached hereto; and ' 4 3
WIIER'EAS , Easement Grantee,is willing to accept said
EASEMENT/EASEMENTS provided the grant of EASEMENT/EASEMENTS is a 3 charge upon the above described property prior ad superior to the
lien or charge of thi deed of trusd above mentioned and provided
that beneficiary will specifically and~uncondftionally subordinate
the lien or char&of the deed of truatr: z&&e mentioned to the lien i ,+z"
or charge of the EASEMENT/EASEMENTS create&in favor of Easement
Grantee; and
WHEREAS, it is to the mutual benefit of the parties
hereto that Easement Grantee accept said EASEMENT/EASEMENTS and
Beneficiary is willing that the grant of EASEMENT/EASEMENTS 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,
2 3/26/91 REV.
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the receipt and sufficiency of which consideration is hereby
acknowledged, and in order to induce Easement Grantee to accept
said EASEMENT/EASEMENTS above referred to, it is hereby declared,
understood and agreed as follows:
1. That said EASEMENT/EASEMENTS 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 mentionedi* .L' . .
2. - That Easement Grantee would not qccept said *s-
EASEMENT/EA TS above described without this $ubordination
agreement. ‘ *
i, j3.
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'x 1 That this agreement shall be the whole hnd only ,.
agreement wi@$ regard to the subordination of the lien orcharge of
the deed of trust above mentioned' to the EASEMENT/EASEMENTS 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/EASEMENTS 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/EASEMENTS 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/EASEMENTS in favor of
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Easement Grantee above referred to and understands that in reliance
won f and in consideration of, this waiver, relinquishment and
subordination of the grant of EASEMENT/EASEMENTS is being executed
and delivered, the EASEMENT/EASEMENTS IS/ARE being created, and
that specific 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 ~j
3. x( w'endorsement has been placed upon '¬e secured .$k by the deed of trust above mentioned that said deed'of trust has by : j
this in&ruqnt subordinated: to $i been the charge,:. 1, of the I(
EASEMENT/EASEMENTS in favor of Easement Grantee above referred to
BENEFICIARY: SAN DIEGO TRUST & a Cal&fornia
By:
&$f LA& /2-%Ltf* (title)
the OWNER this I 19 9/
'OWNER: CRIVELLO CORPORATION, a, California Corporation
By: ;,. , JG-Z sLL24 horized signature)
Jack Crivello, President
(title)
lLdL&& 3thorized signature) Secretary/ Jack Crivello, Vice Preside (title)
NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRETARY OR ASSISTANT SECRETARY MUST SIGN A CORPORATE EXECUTION OF THIS DOCUMENT. ALTERNATELY A TRUE COPY OF THE RESOLUTION OF THE BOARD OF DIRECTORS THAT IS SIGNED BY THE SECRETARY OR ASSISTANT SECRETARY OF THE CORPORATION, UNDER CORPORATE SEAL SPECIFICALLY EMPOWERING THE INDIVIDUAL SIGNING IN BEHALF OF THE CORPORATION WILL SHOW SUFFICIENT AUTHORITY OF SAID INDIVIDUAL TO ACT IN THIS MATTER.
IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS
4 3/26/91 REV.
CRIVELLO CORPORATION
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STATE OF CALIFORNIA COUNTY OF SAN DIEGO NOTARY ACKNOWLEDGEMENT
c=uawlxcBJ
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or on behalf of the corporation therein
Witness my hand and official seal:
Notary Seal or Stamp
otary's Signature '3
_...___ -- ---- ------- --_-._~---- ----. .-.- _ __.__ * ..__ ._...~ -.
San Diego Z$ Bank@ NOTARY ACKNOWLEDGEMENT MrmkrF.DIC CORPORATION
STATE OF CALIFORNIA
COUNTY OF SAN OIEGO
SS
’
On this- day of October , in the year 19 1 , before me, the undersigned, e Notary Public in and for said County
and State, personally appeared Jeffrey Reed 6 Jeffrey Sites personally known to me [el@@r&&!&c~‘MBbpt~~
tssslti s&#s&iot~‘&4e~ to be the person[s] who executed the within instrume;t as *irst Vice President
and Vice President , or on behelf of the corporation . r 1 therein named, and acknowledged to ma that the c(
Witness my hand and official seal:
3rporation executed It.
I ~~bcls-~~ - IN_rcwe7 - .-
CFFICIAL SEAL
D~~k--iA G. GARZA t~oTf,lTf pur3MX~V-IFO~~dl p~\\i~IPO.L OFFICE IIJ S/IN c!E.G3 Cc;ltdTy ..z .n.ll
. /
Notary’s Signature
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SUBORDINATION AGREEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO.
General Counsel
(Notarial acknowledgement of execution of OWNER and BENEFICIARY must be attached.
CMWD 87-C-232
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3/26/91 REV.
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LOT 11, CT 81-10 UNIT 1, MAP NO. 10330 C.M.W.D. 87-C.232 JN 127/90/00 12/3/90 FF REV. 2/7/91 FF
EXHIBIT 'A'
ALL THAT PORTION OF LOT 11 OF CARLSBAD TRACT NO. 81-10 UNIT 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 10330, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 18, 1982, BEING A STRIP OF LAND 15.00 FEET IN WIDTH, LYING 7.50 FEET ON EACH SIDE AND PARALLEL WiTH THE FOLLOWING DESCRIBED CENTERLINE:
PARCEL A:
BEGINNING AT A POINT ON THE MOST SOUTHERLY CORNER OF SAID LOT 11, SAID POINT BEING ON THE NORTHERLY RIGHT OF WAY LINE OF RUTHERFORD ROAD, THENCE NORTH 77'04'13' EAST ALONG SAID RIGHT OF WAY LINE AND ALONG THE SOUTHERLY PROPERTY LINE OF SAID LOT 11, 157.33 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID NORTHERLY RIGHT OF WAY LINE ALONG SAID CENTERLINE NORTH 12"55'47" WEST, 29.30 FEET; THENCE CONTINUING ALONG SAID CENTERLINE SOUTH 77"04'13" WEST 113.83 FEET; THENCE NORTH 12O55'47" WEST, FEET TO A POiNT HEREINAFTER REFERRED TO AS POINT 41.53
NORTH 12'55'47" WEST, 'A'; THENCE 331.69 FEET; THENCE NORTH 56'44'59" EAST, 14.00 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT 'B'; THENCE NORTH 56'44'59" EAST 58.00 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT 'C'; THkNCE NORTH 56'44'59' EAST, 41.00 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT 'D'; THENCE NORTH 56O 44 '59" EAST, 20.00 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT. 'E'; THENCE NORTH 56'44'59" EAST, 23.50 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT 'F'; THENCE NORTH 56' 44'59" EAST, 10.00 FEET TO A POINT OF TERMINUS.
ALSO PARCEL Al:
BEGINNING AT 'THE AFORESAID POINT 'A'; THENCE NORTH 77O 04'13" EAST, 17.00 FEET TO A POINT OF TERMINUS.
ALSO PARCEL A2:
BEGINNING AT THE AFORESAID POINT 'B'; THENCE SOUTH 33O 15'01" EAST, 17.00 FEET TO A POINT OF TERMINUS.
ALSO PARCEL A3:
BEGINNING AT THE AFORESAID POINT 'C'; THENCE SbUTH 33' 15'01" EAST, 18.50 FEET TO A POINT OF TERMINUS.
SHEET 1 OF 3
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ALSO PARCEL A4:
BEGINNING AT THE AFORESAID POINT 'D'; THENCE SOUTH 33' 15'01" EAST, 31.00 FEET TO A POINT OF TERMINUS.
ALSO PARCEL A5:
BEGINNING AT THE AFORESAID POINT 'E'; THENCE NORTH 33' 15'01" WEST, 46.50 FEET TO A POINT OF TERMINUS, SAID POINT BEING A POINT ON THE NORTHERLY PROPERTY LINE OF SAID LOT 11.
ALSO PARCEL A6, BEING A STRIP OF LAND 20.00 FEET IN WIDTH, LYING 10.00 FEET ON EACH SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINE:
BEGINNING AT THE AFORESAID POINT ‘F’; THENCE SOUTH 33' 15'01" EAST, 21.00 FEET TO A POINT OF TERMINUS.
PARCEL B:
BEGINNING AT A POINT ON THE MOST NORTHERLY CORNER OF SAID LOT 11, SAID POINT BEING ON THE WESTERLY RIGHT OF WAY LINE OF PRIESTLY DRIVE; THENCE SOUTH 52'23'41" EAST ALONG SAID RIGHT OF WAY. LINE AND ALONG THE NORTHEASTERLY PROPERTY LINE OF SAID LOT 11, 198.63 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID WESTERLY RIGHT OF WAY LINE ALONG SAID CENTERLINE SOUTH 61* 05'20" WEST, 65.50 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT THENCE CONTINUING ALONG SAID CENTERLINE SOUTH 61* 05'20" 'G'; WEST, 75.12 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT 'H'; THENCE SOUTH 61*05'20" WEST, 18.11 FEET; THENCE SOUTH 12'55'47" EAST, 252.71 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT 'I'; THENCE SOUTH 12'55' 47" EAST, 48.41 FEET; THENCE NORTH 77* 04' 13" EAST, 52.50 FEET TO A POINT OF TERMINUS.
ALSO PARCEL Bl, BEING A STRIP OF LAND 20.00 FEET IN WIDTH, LYING 10.00 FEET ON EACH SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINE:
BEGINNING AT THE AFORESAID POINT 'G'; THENCE SOUTH 28- 54'40" EAST, 23.00 FEET TO A POINT OF TERMINUS.
ALSO PARCEL B3:
BEGINNING AT THE AFORESAID POINT 'I'; THENCE SOUTH 77O 04'13" WEST, 30.00 FEET TO A POINT OF TERMINUS.
ALSO PARCEL B2, BEING A STRIP OF LAND 15.00 FEET IN WIDTH, LYING 7.50 FEET ON EACH SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINE: . . :, 6
SHEET 2 OF 3 C.M.W.D. DWG. 87-C.232
. __ .
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BEGINNING AT THE AFORESAID POINT 'H'; THENCE SOUTH 28O 54'40" EAST, 29.00 FEET TO A POINT OF TERMINUS.
THE SIDELINES OF THE SAID 15.00 FOOT WIDE AND 20.00 FOOT WIDE STRIP OF LANDS SHALL BE LENGTHENED AND/OR SHORTENED AT ALL ANCLE POINTS SO THAT SAID SIDELINES SHALL BE CONTINUOUS AND SHALL BEGIN IN SAID NORTHERLY RIGHT OF WAY LINE OF RUTHERFORD ROAD FOR PARCEL A AND SHALL BEGIN IN SAID WESTERLY RIGHT OF WAY LINE OF PRIESTLY DRIVE FOR PARCEL B, AND SHALL TERMINATE IN A LINE PERPENDICULAR TO SAID CENTERLINE AT CENTERLINE TERMINUS.
AREA OF DEDICATION, PARCELS A, Al, A2, A3, A4, A5, A6, B, Bl, B2 AND B3: 20,666.65 SQUARE FEET.
CHARLES S. KAHR R.C.E. 23907 DATE REGISTRATION EXPIRES 12/31/93
SHEET 3 OF 3 C.M.W.D. DWG. 87-C.232
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CHARLES S. KAHR R.C.E. 23907 DATE REGISTRATION EXPIRES 12/31/93
KAHR AND ASSOCIATES
5600 AVENIDA ENCINAS, SUITE 133 CARLSBAD, CA 92008
S-N 127/90 I00 ll/ZSj90
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EXHIBIT ‘B
WATERLlj’VEEASEiUEN~ .-
LOT 11, CT ii-10 UNIT 1, MAP NO. 10330
CMWD en-c.232
N 77” 04’ 13” E 15x33
El 12’ 45’47’W L9.36’
N 12’ 5447” W 4 1.53’
N 12’ 3 5’47” W 3Sl.69’
N 77’04’ 13” E 17.00’
N 5%’ 44’ 59” 6 I 4 .OO’
5 33” 15 01” E 17.00’
N 56’ 44’ 54’E 58.00
N 5G044’ 59% 4 1.00’
s-a3”14’ 01” E le.50’
N540’4-4’ 39’ E 20.00’
S3’3’ICS)O)’ E 31.00’
F133- k5’01” w 46.50
N 5~*04’54”~
N 5C44’39”E
s ‘33” ISblu E
5 SC0 Z’J’4l”E
5 G1’05’ZO” lq
5 61’05’2d’W
5 Z034’q-o”E
561”05’2O”W
4 LB’ 54’40%
5 lee 55’47’E
4 7-l-04-’ 15 bd
5 12” 55’47” E
Ii 77’04’ 13” E
S77’d IY’ w
2s.50’.
ro.00 I-
2 1.00’
190.d
G 59 w’
75,lZ.’
23800’
I041 ’
29.00’
252.71’
30.00’
48.91’
5260’
113-03
CHARLES S. KAHR R.C.E. 23907 DATE REGISTRATION EXPIRES 12/31/93
KAHR AND ASSOCIATES
5600 AVENIDA ENCINAS, SUITE 133 CARLSBAD, CA 92008
3 N 127/90/00 l+3/90
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I .‘. t .
EXHIBIT ‘8’ : <i
- WA7ERMVE EASEMENT .c
LOT 11, CT 81-10 UNIT i, MAP I’iO. 10330
CMWD 87-C.232
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RESOLUTION NO. 761
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD MUNICIPAL WATER DISTRICT, ACCEPTING A WATER LINE EASEMENT AND A SUBORDINATION AGREEMENT FOR LOT 11, CARLSBAD RESEARCH CENTER UNIT 1. C.T. 81-10 CMWD PROJECT NO. 87-C-232
WHEREAS, Crivello Corporation, a California corporation,
have submitted a Water Line Easement conveying an easement to the
Carlsbad Municipal Water District for waterline purposes over a
portion of Lot 11, Carlsbad Research Center Unit 1, Carlsbad Tract
81-10, CMWD Project No. 87-C-232; and a Subordination Agreement
from the San Diego Trust & Savings, a California corporation, 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 Agreements;
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 Crivello Corporation dated
October 24, 1991, conveying an easement for waterline purposes and
a Subordination Agreement dated October 24, 1991, from the San .a.
Diego Trust 61 Savings to agree that foreclosure or other
enforcement of rights under said deed of trust shall not affect
said easement over a portion of Lot 11, Carlsbad Research Center
Unit 1, Carlsbad Tract 81-10, CMWD Project No. 87-C-232, 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
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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 Acceptability
attached.
PASSED, APPROVED AND ADOPTED at special meeting of the
Carlsbad Municipal Water District held on the 3rd day of
December f 1991 by the following vote, to wit:
AYES: Board Members Lewis, Kulchin, Larson, Stanton and Nygaard
NOES: None
ABSENT: None
ATTEST:
. ALETHA L. RAUTENRRANZ, Secretark
(SEAL)
CXWD 87-C-232
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2326
PLEASE RECORD THIS DOCUMENT AT NO FEE AS IT IS TO THE BENEFIT OF THIS DISTRICT (GOV. CODE [6103]) )
RECORDING REQUESTED BY AND i WHEN RECORDED, PLEASE MAIL TO: ; Carlsbad Municipal Water District ) Engineering Department 1 5950 El Camino Real Carlsbad, California 92008 1 1
i .)
_- .t I Space aboye this line for .i : '. ,.-; -1. Recorder!s'use.
Assessor's Parcel Nc. 212-061-08
Project Name- &~No. Lot 11, Carlsbad Research Center, Ma&~&;.' f0330, Unit 1, CMWD Project No. 87-C-232 3.1. >.i, .A ‘y : *; ,., T, DOCUMENTARY TRANSFER TAX: None CARLSBAD MUNICIPAL WATER DISTRICT
3‘ .: _, ,,,-, i
,, Sj,’ ( ‘% T.
Board of Directors
. .I’ ;‘ : _- (’ ~.“$‘. S"G .’ i. :x EASEMENT _; -" -'k^ ',..'.i CRIVELLO &RPO&l%N, a California corporation ). < . . .s ,,".C \ Is.*, I , 1 ,, :,>- "$ ",l.. /'I :? does hereby grant.to
* '. ,& ? .i'. . ..'
CAR+ MUNICIPAL"WATER DISTRICT, a Public ;:'-- :_ /' /. Agency organized inthe Stateof Ca,lifornia,. its successors and e iz ,',I
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 purpose 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,
1 3/14/91 REV.
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A
232’7
whether above or below the surface of the ground.
Said facility may include pipelines, pumping facilities,
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, .I_ _ '.: ‘i; . . and all other protective facilities and devices. The use shall 1.
also include a means of access to and from said-facility for the _ I'.'
purpose '+*
"_(
of, -constructing, operating, repairing, maintaining, :^ inspecting and'reconstructing said facility.
The uses described herein shall be exclusive to the
Grantee‘: .Gr&tor herein agrees that no buildings and/or structures
will be erected, walls constructed, fences built nor trees planted, i- t nor may the eas'ement be used by~the Grantor or any other person or .* : ,) ., entity, includin"g other utilities, whether public or private, for .' _ ', ,- uses whether.'compatible or incompatible with the uses described .,* - ; - .,5. -- " herein without the- express written approval of the Grantee.
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2 3/14/91 REV.
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2328
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LOCATION OF THE EASEMENT:
The easement granted herein shall be located within and
upon the properties more particularly described in Exhibit rtAtl and
Exhibit ltBll attached hereto and by this reference made a part
1 hereof. +';:‘,;‘. (-7. ':-Y. _, I ?Executed by the GRANTOR this " ,f%f, 1 ,<;+; 7 ,+&*.j; -24 day: of fi,su , J "$. ‘??>d. _ '_ 2‘ ,. .*.,19x. ".- '." ‘I. ;. ,. .: 1-I _ .;y :::., i -,‘t'.. '",>$.%" 2 L ~ ,;*‘ >. $29 _ 8,'. " ?,~& GRANTOR:. 1 -.<3qg r*=~, -~, '~,$g& 2 "* ;- i,, " ‘_ ,v >-'a":i*, ; '3 * '- CRIVELLO CORFORATICXj, a
- i y yii, :f:i California cc*ration "'-G& 9 . . ,i ,.*:,a -iEd r_ rrveli D -.i,'%: & (name of grantor)
d 2&f gnkere) :
J&&&lo, President : (title of signatory) T" .-2, "
' /: ‘$&IQ&y
_*._ . * ; (sign here) a., _‘, (.. ld, Secretary/Vice Preside]
(title of signatory)
(Notarial acknowledgment opexecution by GRANTOR must be attached.)
CMWD 87-C-232
3/14/91 REV.
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CRIWELLO
2323
CORPORATION
-b STATE OF CALIFORNIA NOTARY ACKNOWLEDGE24ENT COUNTY OF SAN DIEGO -ON
On this day of m&XV .& in the year \%I, before me, the undersigned, a Notary Public in And for said County and State, personally appeared c\c < , personally known to me ( the erson(s) who executed the within and Gck instrument as -kwL.m~ pfes or on behalf of the corporation therein named, and a#nowledged'to me that the corporation executed it. .-
Witness my hand and official seal:
Notary Seal or Stamp
. . 2330
LOT 11, CT 81-10 UNIT 1, MAP NO. 10330
C.M.W.D. 87-C.232
JN 127/90/00 12/3/90 FF
REV. 2/7/91 FF
EXHIBIT 'A'
ALL THAT PORTION OF LOT 11 OF CARLSBAD TRACT NO. 81-10 UNIT 1, IN
THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 10330, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 18, 1982, BEING A STRIP OF LAND 15.00 FEET IN WIDTH, LYING 7.50 FEET ON EACH SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINE:
PARCEL A:
BEGINNING AT A POINT ON THE MOST SOUTHERLY CORNER OF SAID LOT 11, SAID POINT BEING ON THE NORTHERLY RIGHT OF WAY LINE OF RUTHERFORD ROAD, THENCE NORTH 77"04'13' EAST ALONG SAID RIGHT OF WAY LINE AND ALONG THE SOUTHERLY PROPERTY LINE OF SAID LOT 11, 157.33 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID NORTHERLY RIGHT OF WAY LINE ALONG SAID CENTERLINE NORTH 12'55'47" WEST, 29.30 FEET; THENCE CONTINUING ALONG SAID CENTERLINE SOUTH 77"04'13" WEST 113.83 FEET; THENCE NORTH 12"55'47' WEST,
FEET TO A PO;NT HEREINAFTER REFERRED TO AS POINT
41.53
NORTH 12'55'47" WEST, 'A'; THENCE 331.69 FEET; THENCE NORTH 56"44'59" EAST, 14.00 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT 'B';
THENCE NORTH 56'44'59" EAST, 58.00 FEET TO A POINT HEREINAFTER
REFERRED TO AS POINT 'C'; THENCE NORTH 56'44'59" EAST, 41.00 FEET
TO A POINT HEREINAFTER REFERRED TO AS POINT 'D'; THENCE NORTH 56" 44'59" EAST, 20.00 FEET TO A POINT HEREINAFTER REFERRED TO AS
POINT. 'E'; THENCE NORTH 56"44'59" EAST 23.50 FEET TO A POINT
HEREINAFTER REFERRED TO AS POINT 'F'; 'THENCE NORTH 56" 44'59"
EAST, 10.00 FEET TO A POINT OF TERMINUS.
ALSO PARCEL Al:
BEGINNING AT THE AFORESAID POINT 'A'; THENCE NORTH 77O 04'13"
EAST, 17.00 FEET TO A POINT OF TERMINUS.
ALSO PARCEL A2:
BEGINNING AT THE AFORESAID POINT 'B'; THENCE SOUTH 33O 15'01" EAST, 17.00 FEET TO A POINT OF TERMINUS.
ALSO PARCEL A3:
BEGINNING AT THE AFORESAID POINT 'C'; THENCE SbUTH 33O 15'01" EAST, 18.50 FEET TO A POINT OF TERMINUS.
SHEET 1 OF 3
,
. 2331
ALSO PARCEL A4:
BEGINNING AT THE AFORESAID POINT 'D'; THENCE SOUTH 33O 15'01' EAST, 31.00 FEET TO A POINT OF TERMINUS.
ALSO PARCEL A5:
BEGINNING AT THE AFORESAID POINT 'E'; THENCE NORTH 33' 15'01" WEST, 46.50 FEET TO A POINT OF TERMINUS, SAID POINT BEING A POINT ON THE NORTHERLY PROPERTY LINE OF SAID LOT 11.
ALSO PARCEL A6, BEING A STRIP OF LAND 20.00 FEET IN WIDTH, LYING
10.00 FEET ON EACH SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED
CENTERLINE:
BEGINNING AT THE AFORESAID POI.NT 'F'; THENCE SOUTH 33' 15'01" EAST, 21.00 FEET TO A POINT OF TERMINUS.
PARCEL B:
BEGINNING AT A POINT ON THE MOST NORTHERLY CORNER OF SAID LOT 11, SAID POINT BEING ON THE WESTERLY RIGHT OF WAY LINE OF PRIESTLY DRIVE; THENCE SOUTH 52'23'41" EAST ALONG SAID RIGHT OF WAY LINE AND ALONG THE NORTHEASTERLY PROPERTY LINE OF SAID LOT 11, 198.63 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID WESTERLY RIGHT OF WAY LINE ALONG SAID CENTERLINE SOUTH 61° 05'20" WEST, 65.50 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT THENCE CONTINUING ALONG SAID CENTERLINE SOUTH 61" 05'20' 'G';
WEST, 75.12 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT 'H'; THENCE SOUTH 61"05'20" WEST, 18.11 FEET; THENCE SOUTH 12"55'47" EAST, 252.71 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT 'I'; THENCE SOUTH 12'55' 47" EAST, 48.41 FEET; THENCE NORTH 77O 04' 13' EAST, 52.50 FEET TO A POINT OF TERMINUS.
ALSO PARCEL Bl, BEING A STRIP OF LAND 20.00 FEET IN WIDTH, LYING
10.00 FEET ON EACH SIDE AND PARALLEL WITH THE FdLLOWING DESCRIBED
CENTERLINE:
BEGINNING AT THE AFORESAID POINT 'G'; THENCE SOUTH 28" 54'40" EAST, 23.00 FEET TO A POINT OF TERMINUS.
ALSO PARCEL B3:
BEGINNING AT THE AFORESAID POINT 'I'. THENCE SOUTH 77O 04'13" WEST, 30.00 FEET TO A POINT OF TERMIN&
ALSO PARCEL B2, BEING A STRIP OF LAND 15.00 FEET IN WIDTH, LYING 7.50 FEET ON EACH SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED
CENTERLINE: '.. :; t
SHEET 2 OF 3 / C.M.W.D. DWG. 87-C-232 1 s
. 6 _.--
-
. . 2332
BEGINNING AT THE AFORESAID POINT 'H'; THENCE SOUTH 28O 54'40"
EAST, 29.00 FEET TO A POINT OF TERMINUS.
THE SIDELINES OF THE SAID 15.00 FOOT WIDE AND 20.00 FOOT WIDE STRIP OF LANDS SHALL BE LENGTHENED AND/OR SHORTENED AT ALL ANGLE POINTS SO THAT SAID SIDELINES SHALL BE CONTINUOUS AND SHALL BEGIN
IN SAID NORTHERLY RIGHT OF WAY LINE OF RUTHERFORD ROAD FOR PARCEL A AND SHALL BEGIN IN SAID WESTERLY RIGHT OF WAY LINE OF PRIESTLY DRIVE FOR PARCEL B, AND SHALL TERMINATE IN A LINE PERPENDICULAR
TO SAID CENTERLINE AT CENTERLINE TERMINUS.
AREA OF DEDICATION, PARCELS A, Al, A2, A3, A4, A5, A6, B, Bl, B2
AND B3: 20,666.65 SQUARE FEET.
CHARLES S. KAHR R.C.E. 23907 DATE REGISTRATION EXPIRES 12/31/93
SHEET 3 OF 3
C.M.W.D. DWG. 87-C.232 .’ I“ , ‘1
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ws/127-90
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CHARLES S. KAHR R.C.E. 23907 DATE REGISTRATION EXPIRES 12/31/93
KAHR AND ASSOCIATES
5600 AVENIDA ENCINAS, SUITE 133 CARLSBAD, CA 92008
S-N lZ7/90 /oo W23/70
. .
EXHIBIT ‘B
WATERLINE EASEMENT :-
LOT 11, CT 81-10 UNIT 1, MAP NO. 10330
2334
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed
by the Deed dated .s-?+ , 19z, from
CRIVELLO CORPORATION, a California corporation I
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 on
December 3 I 19 91 , and the Grantee consents to
recordation thereof by its duly authorized officer.
DATED: December 4 ,19x.
CARLSBAD MUNICIPAL WATER DISTRICT
ALETHA L. RAUTENKRANZ, Secre Board of Directors
CMWD 87-C-232
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2335
PLEASE RECORD THIS DOCUMENT AT NO FEE AS IT IS TO THE BENEFIT OF THIS DISTRICT (GOV. CODE [6103]). j
RECORDING REQUESTED AND ; WHEN RECORDED, PLEASE MAIL TO
; Carlsbad Municipal Water District 5950 El Camino Real ; Carlsbad, California 92008 ^ )_ i.* ., .( a': 1 " .: \
,_- ~, ."", _* ,_ ;": * _ (." .:
I :*
,Space,above this line for
: : ‘.:,.,Recorder's use.
A.P.N. 212-061-08 CXWDNo. 87-C-232
7, ‘L<.> ‘a<.’ ,, I_ : d . ;, ,‘- SUBORDINATICN AGREEMENT *-;.;: _.( e : ,.- .' ' NOTICE :%- '~.THIS SUBORDINATIONAGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO AN ESTATE IN THE REAL PROPERTY TO WHICH
: YOUR SECURITY INSTRUMENT ATTACHES 1 AND HAS THE POTENTIAL EFFECT OF REDUCING THE VALUE OF YOUR SECURITY INTEREST;
:, THIS‘AGREEMENT, made this & day of I '-. .. *,- \ .).* ~: )- lgq/ by CRIVELLO CORPORATi6N;"~'a California Corporation
-. >I;,
, il (Trustor) hereinafter referred to as ttOwner,tt owner of the land and SAN DIEGO TRUST,& SAVINGS BANK, 'a California corporation * : ._ 3 (qger) 7;: .' .' hereinafter referreg.to as llBeneffciary@t /; "‘" , present owner and holder
of the deed of trust"hereinafter; deskibed; : ‘1,
WITNESSETH
THAT WHEREAS, Crivello Corporation (Trustor) did execute a deed of
trust, dated January 16 , 1990 to San Diego Trust & (Date) (Trustee) Savinqs Bank astrustee, covering
Lot 11, Carlsbad Research Center Unit 1, CMWD Project No. 87-C-232
Map No. 10330 (Brief Legal Description) I
(See Exhibit 'A' & 'B' for Detailed Description)
1 3/26/91 REV.
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to secure a note in the sum of one million, three hundred fifty (Lien Amount) thousand dollars ($ 1,350,000.00 ) dated January 16 (Date) ' 19 90, in favor of San Dieqo Trust & Savinqs Bank recorded (Beneficiary) in the office of the County Recorder of San Dieqo County (County) on January 23, 1990 , as FileNo. go-039538 of Official (Date Recorded) (F/P No.) Records of said county; and ;
-': '_, WHEREAS,;'.Owner has executed, .i or is about to execute, as , ,~ i-"-. grantor, a grant o&&MENT/EASEMENTS dated /d-,&/-q/ , in ,, -. * “' favor of the, Carlsbad Municipal Water District as grantee, - :_. _ .,s ; -._._
hereinafter-.'ref&red to as "Easement Grantee,". creating AN/THE _ -. 7
EASEMENT/EASEMENTS more particularly described in EXHIBIT/EXHIBITS
'A' & ,gx attached hereto‘; and i St ,'.I . :
@EREAS, ‘C.. Easement Grantee is willing to accept said
EASEMENT/EASEMENTS provided the grant of EASEMENT/EASEMENTS is a
n ; .,,~ charge upon the%&bove'described property prior and superior to the _ i ( .@&; : lien or charge of$&e deed of trust above mentioned and provided -*,I ' ‘i-l,-'.>.'L;, ' . ,- that beneficiary-will'specifically and unconditionally subordinate I -' -,. ;y ..*,z -( the lien or charge:.of‘the:deed of t-rust above mentioned to the lien $' '-'-_ *ii,<* $< ?a- . *;.;,. .I _*'/ .‘ " or charge of the EASEMENT/EASEMENTS created, in favor of Easement ,~. .~ _ c
Grantee; and ' : ., !
WHEREAS, it is to the mutual benefit of the parties
hereto that Easement Grantee accept said EASEMENT/EASEMENTS and
Beneficiary is willing that the grant of EASEMENT/EASEMENTS shall,
when recorded, constitute a charge upon said land which is
unconditionally prior and superior to the lien or charge of the
deed of trust above mentioned.
NOW, THEREFORE, in consideration of the mutual benefits
accruing to the parties hereto and other valuable consideration,
2 3/26/91 REV.
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the receipt and sufficiency of which consideration is hereby
acknowledged, and in order to induce Easement Grantee to accept
said EASEMENT/EASEMENTS above referred to, it is hereby declared,
understood and agreed as follows:
1. That said EASEMENT/EASEMENTS in favor of Easement
Grantee shall unconditionally be and remain at all times a charge
,d ~\ / on the property therein described, prior and superior to the lien
or charge of the deed 'cf trust above mentioned. " < -,, 2 .( '. .That Easement 'Grantee would not'.accept said ,.'." _,, ,. .> -,,q- :. '-3. / EASEMENT/EASEMENTS above described without this'subordination
agreement. . ,.- -;,
3. That this agreement shall be the whole and only
J* : /. agreementlith regard to the-subordination of the liex%or charge of
the deed of trust above mentioned to the EASEMENT/EASEMENTS in ,. 5.: -~;-
favor of Easement'Grantee above referred to and-shall supersede and ', j 1.. /
cancel, 2" I" but only insofar as wou‘ld affect thepriority between the ..~.
deed of trust' and-'EASEMENT/EASEMENTS her&before specifically : . ._, &.;.~ __ >;g ,:. ,, :,.+. . \.' *,l Ly ""~,* ;I:, ,> *:'
described, any prior a~~~~ment-as.to~',~~c~-isubordination including, , -'_, e,' ,; _ 1.,.- :q., -. >*.a n\
but not limited, thosii$rovisions, if any, contained in the deed of _/ )/, trust above mentioned, bhich $&vi&for the subordination of the
lien or charge thereof to another interest in the real property
therein described.
BENEFICIARY declares, agrees and acknowledges that:
1. He consents to and approves the grant of
EASEMENT/EASEMENTS in favor of the Easement Grantee.
2. He intentionally and unconditionally waives,
relinquishes and subordinates the lien or charge of the deed of
trust above mentioned to the EASEMENT/EASEMENTS in favor of
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Easement Grantee above referred to and understands that in reliance +
upon, and in consideration of, this waiver, relinquishment and
subordination of the grant of EASEMENT/EASEMENTS is being executed
and delivered, the EASEMENT/EASEMENTS IS/ARE being created, and
that specific monetary and other obligations are being and will be
entered into by the Easement Grantee, other lenders and title .,
insurance companiei which would'& be made or entered into but j_ , .'.* ,4: (. .- .$. i) _ for said rel ianc~~ -~~. ‘upon the waiver, and ~: ,, relinquishment . .,‘" .‘ .
subordinatioa;..;and“ .- . . ' _. ,-dqe'" ,1 i __ , ;, '; _~ 'i . .~7>h&&+$& il .' i.&, '%& ""*%s"X ,. ** :g* L ~ (_ "; 3%~,~An endorsement has been placed upon?the'note secured ;:.a- . ."_ \ ,, by the deed of“trust above mentioned that said deed of trust has by ,.' ,
this instrument been subordinated to the ' charge of the Q 2. I ‘k.* . '*,-"" & (I . EASEMEN?$EASEMENTS in favor of Easement Grantee above'referred to ._ ..'
(title) (title)
NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRETARY OR ASSISTANT SECRETARY MUST SIGN A CORPORATE EXECUTION OF THIS DOCUMENT. ALTERNATELY A TRUE COPY OF THE RESOLUTION OF THE BOARD OF DIRECTORS THAT IS SIGNED BY THE SECRETARY OR ASSISTANT SECRETARY OF THE CORPORATION, UNDER CORPORATE SEAL SPECIFICALLY EMPOWERING THE INDIVIDUAL SIGNING IN BEHALF OF THE CORPORATION WILL SHOW SUFFICIENT AUTHORITY OF SAID INDIVIDUAL TO ACT IN THIS MATTER.
IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS
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Easement Grantee above referred to and understands that in reliance
won, and in consideration of, this waiver, relinquishment and
subordination of the grant of EASEMENT/EASEMENTS is being executed
zina a-1 ; vrnv.e.4 CkA ~~~l;rU~.wrl ,nxev-mrmrrmn -I-” ,.---I .- - I -- -- -.-- . - .
2339
NOTARY ACKNOWLEDGEMENT
CORPORATION
On this 24th day of October , in the year 191, before me, the undersigned, a Notary Public in and for said County
and State, personally appeared Jeffrey Reed & Jeffrey Stites personally known to me [~M#%~msw%s
b&iti&HsQot~ide~ to be the person[s] who executed the within instrume;t es First Vice President and Vice President or on behalf of the corporation
ther in 4 named, and acknowledged to me that’ the carporation executed it.
Witn6;ss my hand and official seal:
---
CRWELLO CORPORATION
, STATE OF CALIFORNIA NOTARY ACKNOWLElDGEZ'fENT
COUNTY OF SAN DIEGO -a
On this 24 day of OCkbe~ in the year ls9 before me,
the undersigned, a Notary Publi personally appeared 'Isa% El .
in And for said Count; and State, NC\ 10 I personally known
to me (e L V =crLLs the erson(s) who L uted the within ins and crew d \I1 or on behalf of the corporation therein named, and aclfiowledged to me that the corporation executed it.
Witness my hand and official seal:
n.bb otary's Signature J
Notary Seal or Stamp
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SUBORDINATION AGREEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS ~ WITH RESPECT THERETO.
General Counsel
(Notarial acknowledgement of execution of OWNER and BENEFICIARY must be attached. /)* :' %I. i ,::: ~8 ., 1, CMWD 87-C-232 * <'Z>$ (. / . . .; 'Ii-, s -, , -.- *,-$: j. : . &*L.:~ .,, ., 1 i.( .- \ 'it : ,; (. * -.t. rn>~"~ . : .L' " ,~. ; -:&G. es; $p>. .';";. c;- . - ,q '2: ; *. v$, ; -;y‘,!" .) ,~. c' pi', ; -p"'- . *' '_ _+ -" ' (-* , : i, ." '7. #L. .'", r. *( b'i CT%.: .,:a% y;.. i;" 4 ?' I. _., s . . .i _" "'i : ..\- :;,a,: p", ,i .' '_ $;- p<.~' - ,. .
e .;; i-: d a** )FjT ;,.*:~$~,“j.***.y~ " 1 "',‘,‘. _ _, _' qg;$&I~s" -. _. ,.- i ,- , _* . .- -*,*., ‘,A" : ,. _' ,s, &" ;
3/26/91 REV.
2341
LOT 11, CT 81-10 UNIT 1, MAP NO. 10330
C.M.W.D. 87-C.232
JN 127/90/00 12/3/90 FF REV. 2/7/91 FF
EXHIBIT 'A'
ALL THAT PORTION OF LOT 11 OF CARLSBAD TRACT NO. 81-10 UNIT 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 10330, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 18, 1982, BEING A STRIP OF LAND 15.00 FEET IN WIDTH, LYING 7.50 FEET ON EACH SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINE:
PARCEL A:
BEGINNING AT A POINT ON THE MOST SOUTHERLY CORNER OF SAID LOT 11, SAID POINT BEING ON THE NORTHERLY RIGHT OF WAY LINE OF RUTHERFORD ROAD, THENCE NORTH 77"04'13" EAST ALONG SAID RIGHT OF WAY LINE AND ALONG THE SOUTHERLY PROPERTY LINE OF SAID LOT 11, 157.33 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID NORTHERLY RIGHT OF WAY LINE ALONG SAID CENTERLINE NORTH 12*55'47" WEST, 29.30 FEET; THENCE CONTINUING ALONG SAID CENTERLINE SOUTH 77"04'13" WEST 113.83 FEET; THENCE NORTH 12"55'47' WEST, FEET TO A PO;NT HEREINAFTER REFERRED TO AS 41.53 POINT 'Al.
56'44'69" THENCE NORTH 12'55'47" WEST, 331.69 FEET; THENCE NORTH EAST, 14.00 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT THENCE NORTH 56'44'59" EAST, 'B';
58.00 FEET TO A POINT HEREINAFTER
REFERRED TO AS POINT 'C'; THENCE NORTH 56"44'59" EAST, 41.00 FEET
TO A POINT HEREINAFTER REFERRED TO AS POINT 'D'; THENCE NORTH 56"
44'59" EAST, 20.00 FEET TO A POINT HEREINAFTER REFERRED TO AS
POINT, 'E'; THENCE NORTH 56O44'59" EAST 23.50 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT 'F'; 'THENCE NORTH 56' 44'59" EAST, 10.00 FEET TO A POINT OF TERMINUS.
ALSO PARCEL Al:
BEGINNING AT .THE AFORESAID POINT 'A'; THENCE NORTH 77 o 04'13"
EAST, 17.00 FEET TO A POINT OF TERMINUS.
ALSO PARCEL A2:
BEGINNING AT THE AFORESAID POINT 'B'; THENCE SOUTH 33O 15'01"
EAST, 17.00 FEET TO A POINT OF TERMINUS.
ALSO PARCEL A3:
BEGINNING AT THE AFORESAID POINT 'C'; THENCE SCUTH 33O 15'01" EAST, 18.50 FEET TO A POINT OF TERMINUS.
SHEET 1 OF 3
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ALSO PARCEL A4:
BEGINNING AT THE AFORESAID POINT 'D'; THENCE SOUTH 33O 15'01"
EAST, 31.00 FEET TO A POINT OF TERMINUS.
ALSO PARCEL A5:
BEGINNING AT THE AFORESAID POINT 'E'; THENCE NORTH 33' 15'01" WEST, 46.50 FEET TO A POINT OF TERMINUS, SAID POINT BEING A POINT
ON THE NORTHERLY PROPERTY LINE OF SAID LOT 11.
ALSO PARCEL A6, BEING A STRIP OF LAND 20.00 FEET IN WIDTH, LYING 10.00 FEET ON EACH SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINE:
BEGINNING AT THE AFORESAID POINT 'F'; THENCE SOUTH 33O 15'01" EAST, 21.00 FEET TO A POINT OF TERMINUS.
PARCEL B:
BEGINNING AT A POINT ON THE MOST NORTHERLY CORNER OF SAID LOT 11, SAID POINT BEING ON THE WESTERLY RIGHT OF WAY LINE OF PRIESTLY DRIVE; THENCE SOUTH 52O23'41" EAST ALONG SAID RIGHT OF WAY LINE AND ALONG THE NORTHEASTERLY PROPERTY LINE OF SAID LOT 11, 198.63 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID WESTERLY RIGHT OF WAY LINE ALONG SAID CENTERLINE SOUTH 61° 05'20" WEST, 65.50 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT THENCE CONTINUING ALONG SAID CENTERLINE SOUTH 61" 05'20" 'G'; WEST, 75.12 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT 'H'; THENCE SOUTH 61"05'20" WEST, 18.11 FEET; THENCE SOUTH 12"55'47" EAST, 252.71 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT 'I'; THENCE SOUTH 12O55' 47" EAST,, 48.41 FEET; THENCE NORTH 77O 04' 13" EAST, 52.50 FEET TO A POINT OF TERMINUS.
ALSO PARCEL Bl, BEING A STRIP OF LAND 20.00 FEET IN WIDTH, LYING
10.00 FEET ON EACH SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED
CENTERLINE:
BEGINNING AT THE AFORESAID POINT 'G'; THENCE SOUTH 28" 54'40" EAST, 23.00 FEET TO A POINT OF TERMINUS.
ALSO PARCEL B3:
BEGINNING AT THE AFORESAID POINT 'I'; THENCE SOUTH 77' 04'13" WEST, 30.00 FEET TO A POINT OF TERMINUS.
ALSO PARCEL B2, BEING A STRIP OF LAND 15.00 FEET IN WIDTH, LYING 7.50 FEET ON EACH SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINE: *.
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SHEET 2 OF 3 . - C.M.W.D. DWG. 87-C.232 1 I..
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BEGINNING AT THE AFORESAID POINT 'H'; THENCE SOUTH 28" 54'40" EAST, 29.00 FEET TO A POINT OF TERMINUS.
THE SIDELINES OF THE SAID 15.00 FOOT WIDE AND 20.00 FOOT WIDE
STRIP OF LANDS SHALL BE LENGTHENED AND/OR SHORTENED AT ALL ANGLE
POINTS SO THAT SAID SIDELINES SHALL BE CONTINUOUS AND SHALL BEGIN IN SAID NORTHERLY RIGHT OF WAY LINE OF RUTHERFORD ROAD FOR PARCEL A AND SHALL BEGIN IN SAID WESTERLY RIGHT OF WAY LINE OF PRIESTLY DRIVE FOR PARCEL B, AND SHALL TERMINATE IN A LINE PERPENDICULAR TO SAID CENTERLINE AT CENTERLINE TERMINUS.
AREA OF DEDICATION, PARCELS A, Al, A2, A3, A4, A5, A6, B, Bl, B2 AND B3: 20,666.65 SQUARE FEET.
CHARLES S. KAHR R.C.E. 23907 DATE
REGISTRATION EXPIRES 12/31/93
SHEET 3 OF 3 ,. . . . :. :_ C.M.W.D. DWG. 87-C.232 ., ; r. , .,.
: .i
ws/127-90 '7 “ . . . . . .,.'.. "
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\ c-i@ L
WE~T~LY RIGWWWAY
LINE
PAR.‘6 q\\ \y$ 16
CHARLES S. KAHR R.C.E. 23907 DATE REGISTRATION EXPIRES 12/31/93
KAHR A/)lD ASSOCIATES
5600 AVENIDA ENCINAS, SUITE 133 CARLSBAD, CA 92008
m 1*7190/00 /i/Z4/‘70
. .
EXHIBIT ‘B ,
WATERLlNE EASEMEN’I: .-. ”
LOT 11, CT ii-10 UNIT 1, MAP NO. 10330
CMWD ss-c.232
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El El cd El [sl
Eil
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N 77” 04’ I$' E I 5rl33’
* El lZO ~!5’47”W 29.3db
N lz’ &47”.W 4 1.153’
N IZ’ 3 5’47” h’ 93l.69’
N 77’ 04’ 13” E 17.00’
N 56.44 59” E 14.00’
5 33” 14' 01" E 17.00’
N 56’ 4/v 59’ E 58.00’
N 56=’ 44’ 57% 4 J.00’
s33°13’ 01” E l0.50’
N’56’4-4’ 59” E 20.00
s3~‘15’0l’ E 31.00’
r-l33* t5’01” w 4 6 50’
- 2345 -
Eil El @iI Q Ga Q @3 aI @I @I @I IB @
14 56*44’59’%
N56*44-‘391E
5 43O 15’d E
5 5Z” 2$4l”E
5 Gl’o5’zo’w
561’04’2d’W
5 z%-s’4-o”E
561”05’2O”W
5 2%” 54’40%
5 12” 55’47” E
5 77’04-’ 13* bd
5 12” 55’47”E
Id 77 ‘04’ 13” E
25.70’-
10.00 ‘.
2 LOO
l90.d-s’
6 5.5-o’
75x.
23400’
re.11 ’
24.00’
252-71’
30 .oo/
48.YI ’
52.50 ’
@I 577’04 Fs’ w 113-03’
CHARLES S. KAHR R.C.E. 23907 DATE REGISTRATION EXPIRES 12/31/93
KAHR AND ASSOCIATES
5600 AVENIDA ENCINAS, SUITE 133 CARLSBAD, CA 92008
J N 127/90/00 I+53/90
-. . . .a : ,
, s t . .
EXHIBIT ‘B’ ‘; ti
WATERLINE EA&fENT :c. . ‘* > -
LOT 11, CT 81-10 UNIT i, MAP Fib. 10330
CMWD 87-C.232