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HomeMy WebLinkAboutCT 76-18; PLAZA CAMINO REAL; Engineering Application (2)SU~D'VISI0N ~iJ~kANTEE FEE: S50.00 NO. : 1 t) h 3 3 (, 3f.rH AM D • CARLS3AD TRACT 16-18 TITLE INSURANCE 4~O T~UST CO~PA~Y A CGRPCRATIO/\J G U A ~ A ~ TEE 5 T~E COUNTY OF SA/\J DIEGO AND A~Y CITt ~ITHrN ~HICH SAID SU9DIVISION IS L1CATED IN A SUM /\JOT EXCfEDING S1.JJO.JO. T~AT, ACCORDING TO THOSE PUBLIC ~ECOqOS WHICH, UNOE~ THE ~ECC~DING LAWS, IMPART CONST~UCTtVE ~OTICE OF ~ATTERS AFFECTING THE TITLE TO THE LAND HEREINAFTER OESCRIRED, THE ONLY PARTIES ~AVING ANY RECOqO TITLE I~TEREST IN SAID LAND WHOSE SIGNATU~ES ARE ~ECESSARY, UNDEK THE REQUIREMENTS Of THE SU60IVISION ~AP ACT, ON TYe CERTIFICATES CONSENTING TC THE RECORDATION Of TrlE S0BDIVISIQN MAP OF SAIC LA~D AND OFFERING FO~ DfDICATIC~ ~~Y STREETS, ~aACS, AVE~UES A~C CTriER EASE~ENTS OFFERED FOR OEDICATION ~Y SAID SUBDIVISION MAP A~E: 1. PLAZA CAMINO ~EAl, A CALIFORNIA LI~ITEC DART~ERSHIP, O~NER OF PARCEL ."A" "ND PI)RTlr'lt..,lS QF !>ARCELS "C" A,,\D '1)". ~. THE PARKING AUTHORITY OF THE C[TV OF CARLS3~D, A PU9LIC CORPORATION, O~~FR, PA~CEL "A". 3. HiE ~f\Y STORES SHOPPTNG CEHE~:), I~C., ~S TJ AN UNDIVIJ,::D 50 PE~CENT, BEQNA~D CITRON, A MA~~IE~ ~A~, AS ~IS S~LE A~J SEPA~ATE PROPE~TY, AS TO A~ U~DIVIDED 12-1/2 PE~CE~T, HARRY J. L. FRANK, JR., A ~4RqIED MA~, A5 HIS SOlF AND SEPA~'TE PROPEqTY, AS fO AN U~DIVIDED 12-1/? PERCENT, FRED A. R~RT~A~f JR., AS TC A~ UN11vIDE~ 12-1/2 P~~CENT, FMEO A. ~ARTMAN, JR., NORMA ~. BART~A~, THOMAS FRED BA~TMAN ANO WILLIAM S. BARTMA~, JR •• AS TRUSTEES UNDER THE MARITAL T~JST ESTABLISHED JNOER THE WILL CF ~IlLIAM S. RARTMA~, DECEASED, AS T1 AN UNDIVIDEn 6-1/4 PERCENT, AND FRED A. 8ART~AN, JR., ~CR~A B. BAMTMA~, THOMAS FRED B~RT~AN AND WILLIAM S. BARTMAN, Jk., AS TRUSTEES ~tNOER THE RESIDUhL T~UST ESTABLISHED ~NCER THE WILL OF wiLLIAM S. 3ARTMAN, D~CEASEn, AS TO AN U/\JDIVIOE~ 6-1/4 PEMCE~T, AS CWNERS TG P)~TIO~S ~F PARCELS"C" AND "D". 4. PLAZA CAMINO REAL, A CALIFORNIA LIMITED PARTNERSHIP, AN UNDIVIDED 50 PEMCENT INTEREST AS TENANTS IN CCM~ON, A~D THE MAY OEPARrME~T STORES C'MPANY, A NF-W YDRK CORPGRATION, AN UNJIVIDEO 5) PERCENT [NTEqEST AS TENANTS IN COMMn~, AS OWNERS, AS TC PA~CEL "E". ~. MAY PROPERTIES, INC., A DElA~ARE CORPCR~TIO~, JWNER, AS TG PARCEL "f" • . 6. PLAZA CA~INO REAL, A CALIFORNIA LIMITED PAKf/\JERSHIP, OWNER, AS TO PAR C E LnG ". . 1. NE~ ~ARJORAM ASSOCIATES, A NEW Yl~< GENEqAL PART~ERSHIP, AS OWNER, AS TC PARCELS "H" AND "I". 8. TITLE INSURA~CE AND TRUST COMPANY, A CALIFQ~NIA CCRPORATION, AS TRUSTEE UNDER DEED OF TRUST RECORDEJ AUGUST 22, 1972, AS RECCRDER'S l01433b-A-AMD PAGE 1 FILE/PAGE ~O. 223173, IN SOOK 1972 Jf OFFICl4L RECORDS. 9. EDGAR T. FAru1ER, AS SUCCESSOR TRUSTEE UNDER DEED OF TRUST RECORDED JANUARY 29, 1973, AS RECORDER'S FILE/PAGE NO. 73-024427, IN BOOK 1973 OF OFFICIAL RECORDS. 10. STATE OF (,~_LIFORNIA PUBLIC EHPLOYEES RETIREMENT SYSTTI1; AS 'BENEFICIARY UNDER DEED OF TRUST RECOP..DED OCTOBER 25, 1972, AS RECORDE:?' S FILF/PAGE NO. 286136, IN BOOK 1972 OF OFFICIAL RECORDS. 11. CHICAGO TITLE INSUR~~CE COMPANY ~S TRUSTEE U~OER DEEO Of TRUST ON lE~SEHOLO RECORDEQ NOVEMBER 18. 1917, AS RECO~JER'S FILE/PAGE NO. 11-418?90. IN BOOK 1977 Of OfFICIAL RECORDS; wHICH SUD P.HE~EST CANNOT RIPEN INTO A FEE. 12. F. w. ~OOLWORTH CO., A NEW YORK CORPaR~TIQ~. LESSEE UNDEq LEASE RECORDED DECEMBER 28, 1968, AS ~ECCqD~R'S FILE/?~GE NO. 226463, IN SERIES 9, BCOK 1968 OF CfFICIAL RECCRJS; wrlICH SAl') I\jTE~EST CANNJT ~IPEN INTO A fEE. 11. MARRIOTT CORPORATI1~, A DEL~WA~E CCRPJRATIO~. LESSEE, UNDEH LEASE O\TEO OCTOBER 11, 1974; WHIC~ SAID E~5EMENT CANNOT RIPE\ I~To A fEE. 14. ~RG AS50CIATES fIVE, A NE~ JE~5EY LIMITED PA~T~E~SHIP, LESSEE UN~ER LEASE REcaRDE~ OCT~BEK 26, 1976, AS RECORDER'S FilE/P4GE NO. 16-354987, If'. 8)OK 1<l76 OF OFFICIAL qeCORClS:",rlICH SAl) INTEREST CANNOT ~tPEN I~T~ A FEE. 15. T~E ~AY DEPARTMENT STURES CnMPANY, A NE~ fO~K COqp:RATIO~, LESSEE, U~OER LEASE RECORDED JANUARf 2Q, 1973, AS RECORDER'S FILE/PAGE NC. 73-J~4424, IN BOOK 1113 OF OFFICllL RECORDS; W~IC1~ S~ID INTEREST CA~NOT RIPE~ I~TO A FEE. 16. J. C. PFNNEY COMDA~Y, INC., A DEL4W~RE C1RPO~\TION, LESSEE. UNDER LE4SE RECORDED ~AqCH 22. 1972, AS HECC~DER'~ FILE/PAGE NO. 6q2~3. IN BOOK 1912 OF OFFICIAL ~EcnRDS: WHICH SAl) I~TEREST CA~NJT RlP~N INTJ A FEE. 11. STATE Of CALIFOP~IA, HeLDER CF EASE~ENTS AND INTERESTS qECCRDED SEPTEMBER 8. 1964. AS RECORDER'S fILE/PAGE i~. 161432, I~ SERtE5 5, BOOK 1964, WHICH SAID EASf~ENTS AND (f\TERESTS CAN~OT ~IPE~ If\TC A FEE. 18. VISTA SANITATIO~ DISTRICT AND T~E CITY 1F CARLSBAD, HCLDER OF EASEMENTS RECORDED OCTOBER 9, 1964, A5 RECOR1EK'S FILE/PAGE NO. 184917, IN SERIES 5, BOOK 1964 OF OFFICIAL RECORDS ANO RECORDED OCTGBER 9, 1964, AS RECORDER'S FILE/PAGE Ne. 164919, IN SERIES 5, BOOK 1964 OF OfFICIAL RECOROS, WHICH SAID EASEMENTS CANNOT RIPEN I~Tu A fEE. 19. C[TV OF CARLSdA~t HCLDER OF EASEMENTS A~J I~TERESTS AECCqOEO ~ARCH 11, 1966, AS RECORDER'S FILE/PAGE NO. 4~245, IN SE~lES 1, BOOK 1966 OF OFFICIAL RECo~OS. l0143~6-A-AMD PAGE 2 SEPTE~BER 159 1971, AS RECORDER'S FILE/PAGE ~,. 208858, IN BOOK 1971 OF OFFICIAL RECORDS. DECEMAE~ 13, 1973 9 AS RECCR~Eq'S FILE/PAGE ~,. 73-3(~711, IN ~OOK 1913 OF OFfiCIAL REC0RDS. DECE"'SER 13, 1913, AS RECORDER'S FILE/pt\GE ~'1. 73-34472, IN BOOK 1973 OF OFFICIAL RECCRDS. !JECEMBER 23, 1976, AS RECORDE!'t'S FilE/PAGE' '-"0. 76-4317139 IN 900K 1976 Of O~FICIAL RECO~DS. WHLC~ SAID EASE~E~TS A~D INTEQESTS CA~NOT RIPE~ INTC A FEE. 20. SAN DIEGn GAS & ELECTRIC COMPANY, HOLDER ~F EASE~ENTS RECORDED: OCTORF~ 4, 1968, AS RECCqOER'S FILE/PA~E NC. 11359~, IN SE~IES 9, BOOK 1968 OF OFFICIAL ~ECnROS. OCTOBER 4, 1968, ~S RECORDER'S FTlt/P~Gc NO. 113589, IN SERIES 9, BOOK 1968 OF OFFICIAL REC8RDS. ac Hl B E R 4, 1 968 , AS R E C C R D E q • S F I L E / P ~ G E NO. 1 13 fj q J , INS E R I E S 9, BOO K . 1968 f')F f)FF IC tAL RECIJ~DS. OCTOAE~ 4, 1968, AS RECCR~ER'S FILE/PAGE ~C. 173591, IN SEKIES 9, BOOK 11u8 nF ~FFICIAL RcCORDS. OCTORf:R 4, lQ68, AS RECORDER'S FILE/P~GE Ne. 173594, I~ SERIES 9, dOOK 1968 OF OFFICIAL RECO~DS. ocrOBER 4, 1968, AS RECCqDER'S FILE/P4GE NO. 173595. IN SE~IES 9, BOOK 1168 OF ~FFICIAL qECQDDS. AlJ;;UST 11, 1Q69, AS RECORDER'S FILE/PAGE Ne. 145978 If'C SE~IES 10. BOOK 1969 OF OFFICIAL RECCqDS. SEPTEMBER 26, 196Q, AS RECORDEP.'S FILE/PAGE ~8. 177172, IN SERIES 10, BOOK 1969 OF OfFICIAL RECCRDS. SEPTEMBER 26,:196Q, AS RECORQER'S FILE/PAGE ~0. 177194, IN SERIES 10. BOCK 1969 OF O~FfCIAl RECCRDS. SEPTE~6ER 26, 1969, AS RECOqOFR'S fILE/PAGE N~. 177212, IN SERIES 10. BOOK 1969 OF OFFICIAL RECOqJS. OCTCBER 69 1969, AS RECCRDER'S FILE/PAGE ~O. 183344, IN SERIES 1C9 BOOK 1969 OF OFFICIAL RECORDS. 1014136-A-AMC PAGE 3 OCTOBER 6, 1969, AS RECC~DE~'S FILE/PAGE NO. 183360, IN SERIES 10, BOOK 1969 OF OFFICIAL REC1~DS. - JUNE 15, 1977, AS RECnRDER'S FILE/PAGE NO. 77-235990, iN ~O)K 1977 OF OFfICIAL RECORDS W~IC~ SAIO EASEMENTS CAN~OT KIPEN INTO A FEE. ll. PLAZA CA~INO REAL, A LIMITED PA~T~ERSHIP, ~aLOE~ OF AN EASE~ENT ~~CORDEO OCTOBER 21, 196Q, AS ~ECCRD~R'S FILE/P~GE NO. 193430, IN SERIES 10, qnJK 1969, WHIC~ SAIO EASEMENT CAN~CT RIPE~ lNrc A FEE. 22. THE ~AY OEPA~T~ENT STORES COMP~NY, A NEW YJRK Cr:~?CRATION, HOLDER OF EASE~ENTS A~O INTE~ESTS PECO~OED APRIL ?1, 1166, A~ RECCRDER'S FILE/PAGE ~O. 66914, I~ SERIES 7, q~OK 1966 OF OFFICIAL RECORDS, A~D RECORDED .J~LY 28. 1969, AS ~EcnROER'S FILE/P1G~ Ne. 135~11, IN SERIES la, BOOK lq69 OF OFFICIAL RECORDS W~lCH SAYO EASE~ENTS AND INTERESTS CAN~CT RIPEN INTO A FEE. THE rR~CT HEPEIN~EFORE REF~~~EO TO IS A SUBJIVISI1N OF LANDS OESCRI8E~ AS: CARLSRAD T~Ar.T 76-18 (PLAl\ CAMINO REAL SHOPPING CENTER) ~EING A SJ3DIVISION OF: P~~CEL A: PA~CEL 6 OF PARCEL, MAP NO. 156Q, IN THE CITY OF C4~LSd40, IN THE COUNTY OF SA~ DIEGO, STATE OF CALIFORNIA, ACCOROIN; TO ~AP THEREQF FILED IN THE OFFICE OF COUNTY RECO~DER OF SAN DIEGO COUNTY, BEING A DIVISION OF P~RTIONS OF SECTIO~ 3~, TOWNSHIP 11 SCJTH, RA~GE 4 WEST, SAN BERNARDINO ~ERIDIAN, ACCORDING TO OFFICIAL PLAT THEREOF, TaGETHE~ WITH PORTIONS OF LOTS 13. 14 ANJ 4? OF HCSP. EUCALYPTUS FO~EST COMPANY'5 TRACT, ACCORDING Ta MAP THE~ECF NO. 1136 FILEC IN THE OFFICE OF COU~TY RECC~DER OF SAN OtEGO COUNTY AND PO~TIONS OF EUCALYPTUS ST~EET 4S VACATED AND CLOSED TO PUBLIC USE. E~CEPT THFREF~O~ SAID SECTION 32 HEqEI~ DESC~13EU, ALL MINERAL RIGHTS AND All OIL, GASJ-PETRQLEU~ OR OTHER HYO~CCARBO~ SUBSTANCES WITHIN CR U~OERlYING SAID LAND WITHOUT RIGHT OF SU~FACE E~TRY AS RESERVED IN DEEDS EXECUTED BY REGINAlDC MARRON AND CAROLINE MA~~u~, RECORDED IN BeaK 6699 PAGE 264 OF OFfICIAL RECORDS, A~O BOOK 7112 PAGE 417 Of OFFICIAL RECORDS. ALSO EXCEPT THEREFRO~ SECTIO~ 32, HEREIN DESCRllED ALL OF THE OIL, GAS, A~~ MINERALS AND MINERAL RIGHTS, LYING BENEATH ~ DEPTH OF 50~ FEET FROM THE SUqFACE OF SAID LAND, TOGETHER wITH THE ~IGHT OF FNTRY AT ANY POINT IN l014336-A-AMD PAGE 4 .. SUCH LAND LYING BELJ~ SAtD DEPTH FOR THE PURP1SES JF EXPLORING, DRILLING, CONVEYING, AND REMOV~l OF ANY SUCH SU~STANCES 4NO INSTALLATION OF EQUIPMENT AND PIPELINES FOR SUCH PURPQSES, PROVIDED ~HAT ANY SUCH ENTRY 4~D ACTIVITY UPON SAID LAND fOR SUCn PURPOSE SHALL BE CARRIED OUT IN SUCH MA~NER AS TO AVOID ANY INTERFERENCE wITH THE USE Of THE SURFhCE OF SAID LA~D, AS EXCEPT EO IN DEEDS, FROM FA~CQ, A PARTNEqSHIP, WILLIAM S. BARTMAN, FRED A. BART~AN JR., ~ERNARD CITR'~t A~O HARRY J. L. FRANK, JR., RECORDED APRIL 21, 1966 UNDER REcnRDER'S FILE NO. 66qt3 AND 66368. PA~CEL 13: PARCEL 1 OF PARCEL M~P Ne. 1569, IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACC0RDI~~ T1 MAP THERECf fILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, BEING A DIVISION OF pnRTICNS OF SECTION 3?, TnWNSHIP 11 SQ~TH, ~A~GE 4 WEST, SAN BERNARDINO MERIDIAN, ACCOROI~G Tn OFFICIAL PLAT THEREOF. TO~ETHER W[Tn PORTIONS OF .LOTS 13, 14 AND 42 OF HCSP. EUCALYPTUS FOREST CO~P'NV'S TRACT, ACCORDING . TO MAP THER~nF N~. 1136 FILED IN THE OFFICE OF COUNTY RECC~DER OF SAN DIEGO COUNTY AND PORTIONS OF EUCALVPTUS STREET ~S VACATED AND CLOSED Ta PU~lIC USE. EXCEPT THEREFRO~ SECTION 32, HEREI~ OESCRIBE1, ALL O~ THE all, GAS AND ~1~ERAl A~D MINERAL qIGHTS, LYING BE~EATY A OEPTY OF 500 FEET FROM TYE ~U~F~CE OF SAID L~~D, TOGETHER ~ITH THE ~[G~T JF ~NTRV AT A~Y POINT IN SUCH LAND LYING BELOW SAID DEPTH fOR THE PURPQSES OF EXPLCAING, DRILLING CQ~VEYING AND REMOVAL Of ANY SUCH SUqSTANCES AND INSTALLATI0~ Of EQUtPME~T AND PIPELINES FOR SUCH PURPOSES, PROVIJED TYAT A~Y SUCH ENTRY AND ACTIVITY UP)N SAID LA~D FCR SUCH PURPCSE SHALL BE CAq~IED OUT [N SUCH MAN~ER AS TO AVOID ANY INTERFERENCE WITH THE USE OF THE SU~FACE OF SAID LAND, AS EXCEPTED IN DEEDS FROM FAWCQ, A PART~E~SHIP, ~ILLIAM S. ~ARTM~~, FRED A. BART~AN, JR., BERNARD CITRON, AND HARRY J. l. FRANK JR., RECCRDED APRIL 21, 1966 UN~EK RECCRDER'S FILE NJ. ~6q13 A~J 66568. ALSO EXCEPT THEREFRO~ SAID PO~TICN OF SECTI8~ 32, ABJVE ALL MINERAL RIGHTS ANO ALL OIL, GAS, PETROLEUM, OR nTHER HYDROCARBON SU~STA~CES ~ITHIN OR UNOERLYING SAID LAND WITrlOUT RIGHT OF SURFACE ENTRY AS qESERVED IN DEEDS EXECUTED BY REGI~ALDa MARRON AND CA~QLINE MARRO~, RECO~DED I~ BOOK 6699, PAGE 264 OF OFFICIAL RECORDS A~D B01K 1112 PA~E 411 nF OFFICIAL RECORDS. PARCEL C: TiiAT PORTION Of LnTS 14 THROUGH 18 [,""CLUSIVE, AND LOTS 31 TH~OUGH 42 INCLUSIVE, OF-HflSP. EUCALVPTUS FCREST COMPA\lY'5 TRACT, IN THE CITY OF CARLSBAO; I~ THE COUNTY OF SA~ OIEGJ, ST'TE OF CALIFOR~IA, ACCORDI~G TO MAP THEREOF NO. 1136 FILEO IN TrlE OFF[CE OF COU~TY RECORDER OF SAN DIEGO COU~TY, TOGETHER WITH A PORTION OF EUCAlYPT~S ST~~ET AS VACATED AND CLJSED TO PUBLIC USE DESCqIBEO AS FOLLO~S: BEGINNING AT THE NJRTHWEST CORNER OF SAID PARCEL ~AP NO. 156~, THENCE ALONG THE WESTERLY L[NE THEREOF SCUTH ~62.1' FEET, THENCE LEAVING SAID lOI4~36-A-AMD PAGE 5 •.• ' ... "eSTE_LY -LrNE NORTH -16-)0'00" WEST 331.90 mT TO THE 8EGINNING Of A '~'.~·TlNGENT a~2 FOOT RADtUS CURVE, CONCAVE SOUTHERLY, THENCE weSTERLY ALONG -~·~·THE A~C OF ~A1D'CURVE THROUGH A CENTRAL ANGLE OF ~2°30'00" A DISTANCE OF .•• ' . 624.56 fEET, THENCE TANGENT TO SAID CURVE SOUTH 61 000'00" WEST 114·.26 FEET • ' •. ,,--TO THE IEGINNING OF A TANGENT 159 FOOT IUDIUS CURVE" -CONCAVE ~,~, -. NORTHWESTERLY, THENCE SOUTHWESTERLY ALONG THE ARC OF 'SAID CURVE THROUGH A ".~-, 'ceNT~AL ANGL~' OF 130 24'44" A DISTANCE OF 111.44 FEET, THENCE TANGENT TO •.•... ~~ SAIO CURVE SOUTH 14024'44" WEST 140.00 FEET TO THE 8EGINNING OF A TANGENT ..... : lS8 'FOOT ·RADIUS CURVE, CONCAVE NORTHERLY; THE .. CE WESTERLY ALONG SAID CURVE ~, •• TO THE'SOUTKERLY PROLONGATION OF THE WESTERLY LINE OF SAID LOT 31; THENCE -f NORTHERLY TO AND ALONG SAID WESTERLY LINE .TO THE NORTHWESTERLY CORNER Of ~' -SAID'LOT 31:' THENCE ALONG THE NORTHERLY LlNE Of SAID LOT SOUTH 890 42'19" .~ .. 'EAST TO"A POINT 1N THE WESTERLY LINE OF SAID LOT 38; THENCE NORTH 00 25'14" •. ~ ,~ !AST ALONG SAIO'W~STERLY LINE TO THE NJRTHWEST CORNER THEREOf; THENCE '. -! .... ' ALONG THE NORTHERLY LINES OF SAID LOTS 38, 39, 40, ~1 AND 42 SOUTH ,' .. '-·190~l'19· EAST 131"2.11 FEET TO THE POINT OF BEGINNING. PARCEL 0: ·A STRIP OF LAND g~.oo FEET IN WIDTH LYING WITHIN LaTS 14 THROUG~ 18 INCLUSIVE, LOT 21, LOT 22 A~D LCT 23 (IF ANY), LOTS 32 THROUGH 31 I~CLUSIVE, AND LOT 38 (IF ANY) OF Hl)SP. EUCALVPTIJS FOREST CC~PANV'S TRACT, T~ T~E CtTY OF CARLSBAD, IN THE C(U~TV CF SA~ DIEG1. STATE OF CALIFORNIA, ACCORDING Te MAP THERfOf NO. 1116 FILED IN T~E OFFICE [F ccu~ry RECORDER OF SAN DIEGO COU~TY, TOGETHE~ WITH A paRTIO~ OF EUCALYPTUS STREET AS VACATEO A~D CLOSED TO PU~LIC USE, THE ~ORTHE~LV AND NORTH~ASTERLY LINE OF SAID STRIP 8EING DESCRIBED AS FCLLO~5: BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL NAP NO. 1569, THENCE .• ' ALONG THE WESTERLY LINE THEREOF SOUTH 962.19 FEET TO THE TRUE POI NT Of • .• BEG.INNING Of THE HEREIN DESCRIBED LINE, THENCE LEAVING SAID WESTEltLY LINE . • '. ~ NORTH 16-30"00· WEST 331.90 FEET TO THE 8EGIf>,JNING OF A TANGENT 842 -fOOT '. ,'RADIUS CU~VE. CONCAVE SOUTHERLY, THENCE WESTERLY ALONG THE ARC Of SAID ~ ··r~~RVE THROUGH A CENTRAL ANGLE OF ~2°10'00" A DISTANCE OF 624.56 FEET, ~ •. ; •. '.'lHENCE TANG,E.NT TO SAID CURVE SOUTH 61°00'00" WEST 114.26 fEET TO THE ~ .. ",:"eEGINNING Qf A TANGENT 158 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, - ~:, THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE ~ •• '~F 1302~'~4· • DISTANCE OF 111.44 FEET, THENCE TANGENT TO SAID CURVE ~, -"SOUTH 74·2~·~4· ~EST ~2.~0 FEET TO THE END OF SAID 82 FOOT STRIP, THE ~ --SQUTH~RLY LINE OF'SAID STRIP WILL 8E PROLONGED OR SHORTENED TO TERMINATE ,. ON THE EAST IN THE SOUTHERLY PROLONGATION OF THE "EST LINE SAID PARCEL "AP 'NO. 1569 AND ON THE WEST IN A LINE BEARING SOUTH 15°35'16" EAST. PARCEL E: PARCEL 2 OF PARCEL, MAP NO. 156Q, I~ THE CITY OF CA~LSBAD, IN THE COU~TY OF SAN OtEGO, -STATE OF CALIFORNIA, ACCORCING TO ..,AP THEREGf FILED IN THE OFFICE OF CCUNTV REC~RDER OF SAN DIEGO CCUNTY, BEING A DIVISION OF PORTIONS OF 'SECTION 32, TOW~Sl-ilP 11 SOUT~, RA\lGE 4 wEST, 5AN BERNARDINO ~ERInIAN, ACCORDING Tn OFFICIAL PLAT THEREOF, TOGETHE~ wITH PORTIONS OF LOTS 13, 14 AND 42 OF HCSP. EUCALYPT~S FOREST COMPANY'S TRACT, ACCORDING T~ MAP THEREOF Nn. 1136 FILED IN THE QFFICE ~F CnU~TY ~ECCqDER OF SAN DIEGO COUNTY AND PORTIONS OF EUCALYPTUS STREET ~S VACATEO A~D CLOSED TO PUBLIC USE. l014336-A-AMD PAGE 6 EXCEPT THEREFRO~ SAID SECTION 32 HE~EI~ CESCRldEQ, All ~INERAL RIGHTS AND ALL OIL, GAS, PET~OLFU~ OR OTHER HYOROCARBO~ SU6STAN~ES WITHIN OR UNDERLYING SAID LAND WITHOUT RIGHT OF SURFACE ENTRY:~S ~ESERVED IN DEEDS EXECUTED ~Y REGINALDC ~AR~ON AND CAROLl~E M~~~QN. RECO~DED IN 600K 6699 P'GE 264 OF OFFICIAL RECORDS, AND B00K 1712 PAGE 411 CF OFFICIAL RECORDS. ALSO EXCEPT THE~EF~Q~ SECTIO~ 12, HEREIN CESC~19EQ 4lL OF ThE OIL, GAS. A~D MINER~LS AND MINERAL RIGHTS, LYIN, BENEATH A DEPTH OF 500 FEET FROM THE SIJRFACE OF S4.IO LA~O, TOGETHE~ iliITH HiE RIG'"iT OF ENTRY AT ANY POINT IN SUCH LAND LYING 9ELOW SAIn DEPTH FD~ THE PURPOSES Of EXPLO~ING, DRILLING, CO~VEYING, AND RE~OVAL OF ANY SUCH SJ1STANCE5 ANO INSTALLATION CF EQUIPMENT AND PIPELINES FOR SUCH PU~PJSES, PR1VIDED T~AT ANY SUCH ENTRY A~Q ACTIVITY UPON S~In LAND FOR SUC~ PJ~POSE SrlALL BE CARRIED OUT IN SUCH MA~NER AS Te AVOID ANY INTERFERENCE wITH THE USE OF THE SU~FACE OF SAID LA'~D, AS EXCEPTED I~ DEEDS, F~OM FAwCQ, A PA~T~ERSHIP, ~ILLIA~ S. BARTMAN, FRED A. ~ARTMAN JR •• 9ERNARD CITReN, A~D HARRY J. L. FRANK, J~., RECORDeD ~PRIL 21, 1966 UNDE~ qeCORDER'S FilE ~O. 66113 A~D 66568. PAqCEl F: P~RCEL 3 OF PARceL, wap Nn. lS69. I~ THE CITY OF CARLseAC, IN THE COUNTY OF SAN OTEGO, STATE OF CALIFC~NIA, ACCO~CING TO ~AP THEREOF FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEG~ COUNTY, BEI~G A DIVISION OF PO~TIONS nF SECTln~ 32, TnW~SYIP 11 SJJTH, R~~GE 4 ~EST, SAN BERNARDINO ~ERIDIAN. ACCORDING TO OFFICIAL PLAT THEREOF, T~GETHER wITH PORTIONS OF LOTS 13, 14 AND 47 OF HOSP. EUCALVPTUS fCREST CO~PANY'S TRACT, ACCORDING T~ MAP THEREOF NO. 1116 FILED IN THE OFFICE OF CQU~TY RECCRDER OF SAN DIEGC COUNTY ANO PORTIONS OF EJCALYPTUS STREET AS VACATED AND CLOSED TO ilUBLIC USE. EXCEPT THERE~~O~ SAID SECTION 32 HEREI~ DESCQt8En, ALL ~tNERAL RIGHTS AND ALL CIL, GAS, PETROLEU~ OK OTHE~ HY)ROCAR~ON SUBSTANCE~ WITHIN CR U~nERLYING SAID LANJ WITHOUT RIGHT OF SURFACE E~TRY AS RESERVED IN DEeDS EXECIITEO 9Y RfGINALDO t<lARRON A~D CAROLIf\E t.1ARRON, R.ECO:{DED IN BOOK 6699 PAGE 264 OF OFFICIAL RECORDS, AND BOOK 7112 PAGE 417 OF OFFICIAL RECORDS. ALSO EXCEPT THEREFRO~ SECTION 32, HEREIN DESCqIBEO ALL Cf THE OIL, GAS, AND MINER~lS AND ~INERAL RIGHTS, LYING BENEATH A DEPTH CF 500 FEET FRO~ THE SURFACE 0F SAID LA~O, TOGETHER WITH THE RIGHT OF ENTRY AT ANY POINT IN SUCH LAND LYING BELOw SAID DEPTH FO~ THE PU~PQSES OF EXPLORING, DRILLING, CONVEYING, AND RF.MOV6L OF ANY SUCH SU~STANCES ANQ INSTALLATION OF EQUIPMENT AND:PIPELINES FOR SUCH PURPOSES, PR1VIOED T~AT ANY SUCH ENTRY 4~D AC TI V I TY-UPON SA to L AND FOR SUCH P;JR POSE SHALL BE CARR lED OUT I N SUCH ~A~NER AS Te AVOID ANV INTERFERENCE wlT~ THE USE OF THE SURFACE OF SAID LAND, AS EXCEPTE~ IN DEEDS, FROM FA~CO, A PARTNERSMIP, wILLIA~ s. BARTMAN, FRED A. BARTt<lAN JR., BERNARD CITRON, A'4D HARRY J. L. FRANK, JR., RECORDED APRIL 21, 1966 UNDER RECORDER'S FILE ~O. 66ql~ A~D 66569. l014336-A-AMD PAGE 1 .. PARCEL G: PARCELS 7 THROUGH 11 OF PA~CEL MAP 156~ IN T~E CITY 'OF CAHLSBAJ, IN THE COUNTY Of SAN DIEGO. STATE OF CALIFO~\IA, ACC~RDING'TO ~AP THEREOF FIL~D t~ THE OFFICE OF COUNTY ~ECCRDER OF S4~ CIEG~ COU~TY, BEING A DIVISION OF PORTIO~S Of SECTION 3', TOWNSHIP 11 SOIJTH, ~A~GE 4 WEST, ~~N BERNARDINO MERIDIAN, ACCORDING TO OFFICIAL PLAT THEREOF, TQGETHE~ WITH PORTIONS OF LOTS 13, 14 AND 42 OF HOSP. EUCALYPTUS FOREST CO~PANY'S TRACT, ACCORDING T~ MAP THEREOF NO. 1136 FILEC IN THE OFFICE QF C~UNTY RECC~DER OF SAN DIEGn COUNTY AND PORTIONS OF EUCALYPTUS STREET AS VACATEJ AND CLOSED TO PUBLIC USE. EXCEPT THEREFROM SAID SECTIO~ 32 HE~EI~ ~ESCQI~EO, ALL ~INERAL RIGHTS AND ALL OIL, G~S, PETROLEU~ OR OTHER HYJROCAR~ON S~BSTANC~S WITHIN OR UNOERLYING SAID LAND WITHOUT RIGHT QF SURFACE E~TRY AS RESERVED IN DEEDS EXECUTED BY REG'NALOO MARPON _NO CAROLINE MAq~ON, RECORO~D l~ BOOK 6699 PAGE ?64 OF nFFICIAl RECORDS, A~D aOOK 1712 PAGE 417 OF OfFICIAL RECORDS • . ALSO EXCEPT THEREFROM SECTION 32, HEREIN OE5CRI3ED ALL OF THE alL, GAS, AND ~INE~ALS AND MINERAL RIGHTS, LYI~~ BENEAT~ A DEPTrl OF 500 fEET FROM T~E SIJKFACE OF SAID LAND, TOGET~Eq WITH THE ~tGHT OF ENTRY AT ANY POINT IN Sl~H LA~O LYING ~ELOW SAIQ DEPTH FOR THE PURPJSES OF EXPLORiNG, DRILLING, CJNVEYI~G, AND ~E~J~~L OF ANI S~C~ S'J~STA~CES AND INST~LLATION GF EQUIP~ENT AND PIPELINES FOR 5UCH PURoOSES, Pq1VIDED T~AT ANY SUCH E~TRY A~O ~CTIVrTY UPON SAIO LANO FOR StJCH PURPOSE SHALL BE CAR~lEO CUT IN SUCH ~A~NER AS TO AVOIO ANY INTERFERENCE W[T~ THE JSE QF THE SURFACE OF SAID LAND, AS EXCEPTED I~ DEEDS, FQOM FA~C', A PARTNERSHIP, wILlIA~ S. BARTMAN, FRED A. ~ARTMAN JR., ~ERNARD CITQ~N, A~O HARqy J. L. FKANK, JR., RECORDED A~RIL 21, lq66 UNOEq RECOQDEq'S FILE NO. 66911 AND 66568. PA~CEL H: PA~CEl 5 OF PARCEL, ~hP N~. 1~6g, I~ THE CITY JF CARLSBAD, IN THE COUNTY Of SAN DtEGO, STATE OF CALIFORNIA, ACCORO[N~ TO ~AP THEREOF FILED IN THE OFFICE OF COUNTY RECr.ROER OF ~AN DIEGO COUNTY, BEING A DivISION OF PORTIONS OF SECTION 12, TOWNSHI? 11 SnUTH, RA~GE 4 ~EST, SAN BERNARDINO ~ERInIAN, ACCORDING TO CFFICIAL PLAT THERECF, TOGETHER wITH PGRTIONS OF LOTS 13, 14 AND 4' OF HOSP. EIJCALYPTUS FOREST CO~p~~yl~ TRACT, ACCORDING TO MAP THEREOF NO. 1136 FILEC IN THE OFFICE OF COUNTY RECCRDER OF SA~ DIEGO COUNTY AND PORTIONS OF EUCALYPTUS STREET AS VACATED AND CLOSED TO PUBLIC USE. E~CE?T THEREF~OM SAID SECTIO~ 32 HEREI~ OESC~[8EO, ALL MINERAL RIGHTS AND ALL nIL, GAS, PETROLEUM nq eTHER HYORaCARRO'~ SU1ST~NCE~ WITHIN OR UN~ERLYING SAID LAND ~ITHOUT RIGHT OF SURFACE ENTRY AS RESERVED IN OEEOS EXECUTED 8Y REGIN~LDC MAR~O~ ~NO CAROLINE MA~~JN, ~ECORDED IN BOOK 6699 PAGE ~64 OF OFFICIAL RECORDS, ANC BOOK 7712 PAGE 417 OF OFFICIAL RECORDS. ALSO EXCEPT THEREFROM SECTION 32, HEREIN CESCRIBED ALL CF THE aIL, GAS, AN~ ~INERALS AND ~INERAL RIG~TS, LYI~G BENEATY A DEPTH OF 50J FEET FROM 10143~6-~-AMO PAGE 8 .. THE SURFACE OF 5410 LAND, TOGETHEq WITH THE RIG~T OF ENTRY AT ANY POINT IN SUCH LAND LYING RELOW ~Alf) DEPTH FO~ THE PURP)SES OF EXPLORING, DRILLING, CONVEYING, 4ND REMOVAL CF ANY SUCH S0~ST4NCES A~D IN~tALL4TIO~ OF EQUIPMENT AND PIPELINES FOR SUCH PURPOSES, PROVIOEQ"THAT ANY SUCH ENTRY .NO ACTIVITY UPON SAID L~ND FCK SUCH PU~PCSE SHALL ~E CARRIEO OUT IN SUCH ~ANNER AS TO AVOID ANY INTERFERENCE ~ITH THE USE OF THE SURFACE OF SAID LA~O, AS EXCEPTED IN DEeDS, FROM FAwCO, A PA~TNeRSHIP, WILLIA~ S. B4RTMAN, FRED A. R4RTMAN JR., ~ERNARD CITRON, A~D HA~RY J. L. FR4~K, JR., RECORDED APRIL 21, 1966 UNDER RECORDER'S FILE NO. 66913 ANQ 66568. PARCEL I: PARCEL 4 OF PARCEL, MAP Nn. 156Q, IN THE CITY OF C~RLse4D. I~ THE COUNTY OF SAN OIEGO, STATE OF CALIFORNIA, ACCORDING TO ~A? THEREUF FILED IN THE OFFICE OF COUNTY REC(R~ER Of SAN OIEG~ CCU~TY, BEI~G 4 DIVISION OF PO~TIONS OF SECTlnN 32, TOWNSHIP 11 sn~TH, R4NGE 4 WEST, SAN BERNARDINO ,MERIDIAN, ACCORDING Tn OFFICIAL PLAT THEREOF. TOGETHER ~ITH PORTIONS OF .. l'lTS 13, 14 AND 42 Of HOSP. EUCALYPTUS FOREST COfl4PANY'S TR~CT, ACCORDING TO MAP THEREOF NO. 1136 FIlEC I"J THE f)FFICE lF COIJNTY RECCRDE~ OF SAN DIEGO COUNTY AND pa~TtoNs OF EUCALY~TU5 STR=~T AS VACATEO A~D CLOSED TO PUBLIC USE. EXCEPT THEREFROM ~AIC SECTICN 32 HE~EI~ DESC~I~ED, ALL MI~E~AL RIGHTS AND ALL OIL, GAS, PETRaLEU~ OR QTHER HVJROC~RBO~ SUBSTANCES WITHI"J OR U~DEqLYING SAID LANQ WITHOUT qIG~T OF SU~F~CE ENTRt AS ~ESERVED IN DEEDS EXECUTED 8Y REGINALDC MARDON ANO CAROLINE ~~~RON, RECO~)ED I~ BOOK 66q9 PAGE 264 ryF OFFICIAL RECORDS, A~O BOCK 1112 ~AGE 417 Df OFFICIAL RECORDS. ALSO EXCEPT THEREFROM SECTIO~ 37, HEREI~ DESC~laEJ ALL OF THE OIL, GAS, AND ~INERALS AND MINERAL RIGHTS, LYI~G ~ENE\TH A OEPTH OF 500 FEET FROM THE SURFACE OF SAID LAND, TOGETHER WITH THE RI~HT OF ENTqy AT ANY POINT IN SUCH LAND LYING RELOW SAID DEPTH FOR THE PURPOSES Jf EXPLORI~G, DRILLING, CONVEYING, AND REMOVAL OF ANY SUC~ SU9STA~CE5 AND INSTALLATION OF EQUIPMENT AND PIPELI~ES FOR SJCH PURPOSES, PRJVIDEJ THAT ANY SUCH ENTRY A~D ACTIVITY UPON SAID LAND FOR SUCH PURPOSE SHALL BE CARRIED OUT IN SUCH ~A~NE~ AS TO AVOIO A"JY INTERFERENCE WITH THE USE OF THE SURFACE Of SAID LAND, AS EXCEPTeD IN DEEDS, FROM FAWCO, A PA~T~ERSHIP, ftILLIA~ S. BARTMAN, FRED A. BART~AN JR., RERNARD CITRON, AND HA~RY J. L. FRANK, JR., RECORDED APRil 21, 1966 UNDER RECORDER'S FILE NO. 66~13 AND 66569. OATED: JUNE 21, 1918 AT 1:30 A.M. TITLE tl~SU~A'\lCE AND TRUS T CC,."PANY ~ ---L-~~-12 _________ L:~~~~ ___________ _ ASSISTA~T SEC~ETARY 1014~36-A-A~D PAGE 9 l---;--i. ",,- SUBDIVISION GUARANTEE fEE: $50.00 NO.: lOl~336 4th AHD. CARLS3AD TRACT 16-18 TITLE INSURANCE AND TRUST CO~PANY A CORPORAT ION G U A R A ~ TEE S THE COUNTY OF SAN DIEGO ~ND ANY CITY WITHIN ~HICH SAID SU9DIVISION IS lOCATED IN A SU~ NOT EXCEEDING 11,000.00. THAT, ACCORDING TO THOSE PUBLIC ~ECO~OS WHICH, UNDE~ THE RECC~D(NG LAWS, IMPART CONSTRUCTIVE NOTICE OF ~ATTERS AFFECTING THE TITLE TO THE LAND HEREINAFTER OESC~IREO, THE ONLY PA~TIES YAVING ANY RECO~D TITLE I~TE~EST IN SAID lAND WHOSE SIGNATU~ES ARE NECESSARY, UNDER THE REQUIREMENTS OF THE SUBDIVISION ~AP ACT, ON THE CERTIfICATES CONSENTING TC THE RECORDATION OF THE SUBDIvISION ~AP OF SAID LA~D AND OFFERING FOR DEDICATICN ANY STREETS, ROAes, AVENUES AND CTHER EASE~ENTS OFFERED fOR OEDICATION BY SAID SUBDiViSION MAP ARE: 1. PLAZA CAMINO REAL, A CALIFORNIA LI~lTEC PARTNERSHIP, O~NER OF PARCEL' "A" AND PORTIONS OF OARCELS "e" AND "~". I J ~~ THE PARKING AUTHO~ITY OF THE CITY OF CARLSBAD, A PU3LIC CORPORATION~ OW~ER, PARCEL "8". 3. THE ~AY STORES SHOPPING CENTE~S, I~C., AS TO AN UNDIVID5D 50 PERCENT, BERNARD CITRON, A MARRIED ~~~, AS ~IS SDLE A~D SEPA~ATE PROPERTY, AS TO A~ U~DIVJDED 12-1/2 P=~CE~T, HARRY J. L. FR~NK, JR •• A ~4RRIED MA~, AS HIS SOLE AND SEPARATE PROPE~TY, AS TO AN UNDIVIDED 12-1/2 PERCENT, FRED A. AaRT~AN, JR., AS TO AN UNDIVIDED 12-1/2 PE~CENT, FRED A. BARTMAN, JR., NORMA ~. BART~A~, THOMAS FRED BA~TMAN ANn WILLIA~ S. BARTMAN, JR., AS TRUSTEES UNDER THE MARITAL TR~ST ESTABLISHED UNDER THE WILL GF WILLIAM S. B~RT~A~, DECEASED, AS TO AN UNDIVIDED 6-114 PERCENT, AND FRED A. BART~A~, JR., NC~MA B. BARTMAN, THOMAS fRED BARTMAN AND WILLIAM S. BARTMAN, JR., AS TRUSTEES U~DER THE RESIDU~L T~UST ESTABLISHED UNGER THE WILL OF ~ILLIAM S. BA~TMAN, D~CEASED, AS TO AN UNDIVIDED 6-1/4 PERCENT, AS CWNERS TO PJ~TIO~S OF PARCELS "e" AND "0". 4. PLAZA CAMINO REAL, A CALIFORNIA LI~ITED PARTNERSHIP, AN UNDIVIDED 50 PERCENT INTEREST AS TENANTS IN CCM~O~, A~D THE MAY DEPARrME~T STORES C~MPANY, A NEW YORK CORPCRATION, AN U~JIVIDED 5) PERCENT INTEREST AS TENANTS IN COMMO~, AS OWNERS, AS Te PARCEL "E". 5. ~AY PROPERTIES, INC., A DELa~ARE CORPCR&TION, OWNER, AS TG PARCEL "f". 6. PLAZA CAMINO REAL, A CALIFQR~IA LIMITED PARfNERSHIP, OWNER, AS TO PARCEL "G". 1. NEw MARJORAM ASSOCIATES. A NEW Yl~K GENERAL PARTNERSHIP, AS CWNER, AS TC PARCELS "H" AND "I". 8. TlfLE INSURANCE AND TRUST COMPANY, A CALIFORNIA CORPORATION, AS TRUSTEE UNDER DEED OF TRUST RECORDEQ AUGUST 22, 1912, AS RECCRDER'S 10l4336-A-AMD PAGE 1 fiLE/PAGE ~O. 223113, IN BOOK 1912 OF OFFICIAL RECORDS. 9. R~BE~T J. BRAWLEY, AS TRUSTEE U~OER DEED OF TRUST RECORDED J~NUARV 29, 1913, AS RECORDER'S FILE/PAGE NO. 13-024421, IN BOOK 1913 Of OFFICIAL RECORDS. 10. UNITED CALIFORNIA BANK, A CALlfOR~lA CORPOR~TIO~, AS TRUSTEE UNDER DEED OF TRUST RECORDED OCTOBEQ 25, 1912, AS RECORDER'S FILE/PAGE NO. 286136. IN BOOK 1912 Of OFFICIAL RECORDS. 11. CHICAGO TITLE INSURANCE COMPANY ~S TRU~TEE UNDER DEED Of TRUST ON LEASEHOLD RECORDED NOVEMBER-IS, 1911, AS RECOR~ER'S fILE/PAGE NO. 11-418290, IN BOOK 1911 Of OFFICIAL RECORDS; WHICH SAID INTEREST CANNOT RIPEN INTO A ~EE. 12. F. w. ~OOlWORTH CO., A NEW YORK CORPORATION, LESSEE UNDE~ lEASE RECORDED DECEMBER 28, 1968, AS RECO~OER'S fILE/P~GE NO. 226463, IN SERIES 9, BOOK 1968 Of QFFICIAl RECCRDS; ~HICH SAID I~TEREST CANNOT RIPEN INTO A FEE. 13. MAQRIOTT CORPORATION, A DELAWARE CCQPaRATIO~, LESSEE, UNDER LEASE O~TED OCTOBER 11, 1914; WHICH SAID EASEMENT CANNOT RIPEN INTO A FEE. 14. WQG ASSOCIATES fiVE, A NE~ JERSEY LIMITED PARTNERSHIP, lESSEE U~DER lEASE RECORDED OCTOBER 26, 1916, AS RECORDER'S FILE/PAGE NO. 16-354981, IN BJOK 1916 Of OFfiCIAL RECORDS; WHICH SAID INTEREST CANNOT RIPEN INTO A fEE. 1;. THE MAY DEPARTMENT STORES COMPANY, A NEW YORK CORPCRATION, LESSEE, UNOER LEASE RECORDED JANUARY 29, 1973, AS RECORDER'S fILE/PAGE NO. 13-024424, IN BOOK 1973 OF OfFICIlL RECORDS; WHICH SAID INTEREST CA~NOT RIPEN INTO A fEE. 16. J. C. PENNEV COM~ANY, INC., A DELAWlRE CORPORATION, LESSEE, UNDER LElSE RECORDED MA~CH 22, 1912, AS RECC~OER'5 FILE/PAGE NO. 68283, IN BOOK 1912 Of OFFICIAL ~ECORDS; WHICH SAID I~TEREST CANNOT RIPEN INTO A fEE. 17. STATE Of CALIFORNIA, HOLDER OF EASEMENTS ANn INTERESTS RECCRDED SEPTEMBER 8, 1964, AS RECORDER'S FILE/PAGE Na. 16143l, IN SERIES 5, BOOK 1964, WHICH SAID EASEMENTS AND I~'ERESTS CANNOT RIPEN I~TC A fEE. 18. VISTA S~NITATION DISTRICT AND T~E CITY OF CARLSBAD, HeLOER OF EASEMENTS RECORDED OCTOBER 9, 1964, AS RECORDER'S FILE/PAGE NO. 184911, IN SERIES 5, BOOK 1964 OF OFFICIAL RECORDS AND RECORDED OCTGBER 9, 1964, AS RECORDER'S FILE/PAGE NO. 184918, IN SERIES 5, BOOK 1964 OF OFFICIAL RECO~OS, WHICH SAID EASEMENTS CANNOT RIPEN INTO A fEE. 19. CITV OF CARLSBAD, HeLDER OF EASEMENTS AND INTERESTS RECCqOED MARCH 11, 1966, AS RECORDER'S filE/PAGE NO. 42245, IN SERIES 7, BOOK 1966 OF OFFICIAL RECORDS. lOI4336-A-AMD PAGE 2 SEPTE~8ER 15. 1971, AS RECORDER'S FILE/PAGE NO. 208858, I~ SOOK 1971 OF OFFICIAL RECORDS. DECEM8ER 13. 1913. AS RECORDE~'S FILE/PAGE NO. 73-344111, IN 800K 1913 OF OFFICIAL RECORDS. DECEMBER 13, 1913, AS RECORDER'S FILE/PAGE ~O. 11-34412, IN 800K 1913 OF OFFICIAL RECCRDS. DECEMBER 23, 1916, AS RECORDER'S FILE/PAGE NO. 16-431113. IN BOOK 1916 OF O~FICIAl RECORDS. WHIC~ SAID EASEMENTS AND INTERESTS CANNOT RIPEN INTO A FEE. 20. SAN DIEGO GAS & ELECTRIC COMPANY, HOLDER OF EASE~ENTS RECORDED: OCTOBER 4, 1968, AS RECCRDER'S FILE/PAGE Ne. 113588, IN SERIES 9, BOOK 1968 OF OFFICIAL RECORDS. OCTOBER 4. 1968, AS RECORDER'S FILE/PAGE NO. 113589, IN SERIES 9, BOOK 1968 OF OFFICIAL RECORDS. OCTOBER 4, 1968, AS RECORDER'S FILE/PAGE NO. 113590, IN SERIES 9, BOOK . 1968 OF OFFICIAL RECORDS. OCTOBER 4, 1968, AS REC(ROER'S FILE/PAGE Ne. 173591, IN SERIES 9, BOOK 1968 OF OFFICIAL RECORDS. OCTOBER 4, 1968, AS RECORDER'S FILE/PAGE NO. 173594, IN SERIES 9, BOOK 1968 OF OFFICIAL RECORDS. OCTOBER 4, 1968, AS RECQRDER'S FILE/PAGE NO. 113595, IN SERIES 9, BOOK 1968 OF OFFICIAL RECORDS. OCTOBER 4, 1968, AS RECCRDER'S FILE/PAGE NO. 173515, IN SERIES 9, BOOK 1968 OF OFFICIAL RECORDS. .I AUGUST II. 1969, AS RECORDER'S FILE/PAGE NO. 14578, IN SERIES 10, BOOK 1969 Of OfFICIAL RECORDS. SEPTEMBER 26, 1969, AS RECORDER'S FILE/PAGE ~O. 11117~, IN SERIES 10, BOOK 1969 OF OFFICIAL RECORDS. SEPTEMBER 26, 1969, AS RECORDER'S FILE/PAGE NO. 111194, IN SERIES 10, BOOK 1969 Of O~FICIAL RECORDS. SEPTEMBER 26, 1969, AS RECORDFR'S FILE/PAGE NO. 117202, IN SERIES 10, BOOK 1969 Of OFFICIAL RECORDS. OCTOBER 6, 1969, AS RECCRDER'S FILE/PAGE ~O. 183344, IN SERIES 10, BOOK 1969 OF OFFICIAL RECORDS. lOI4336-A-AMO PAGE 3 ( OCTOBER 6, lQ69, AS RECCRDER'S fILE/PAGE NO. 183360, IN SERIES 10, SOaK 1969 OF OFFICIAL RECORDS. JUNE 15, 1911, AS RECORDER'S fiLE/PAGE NO. 11-235890, IN soaK 1911 Of OFfICIAL RECORDS W~ICH SAID EASEMENTS CANNOT RIPEN INTO A fEE. ll. PLAZA CAMINO REAL, A LIMITED PART~ERSHIP, HOLDER Of AN EASEMENT RECORDED OCTOBER 21, 1969, AS RECORDER'S fILE/P~GE NO. 193480, IN SERIES 10, BOJK 1969, WHICH SAID EASEMENT CANNOT RIPE~ INTO A fEE. 22. THE MAY OEPART~ENT STORES CO~PANY, A NEW YJRK COR?QRATION, HOLDER Of EASEME~TS AND INTERESTS RECORDED APRIL 21, 1966, AS RECORDER'S fiLE/PAGE NO. 66914, IN SERIES 1, BOOK 1966 OF OFFICIAL RECORDS, AND RECORDED JULY 28, 1969, AS RECORDER'S FILE/PAG~ Ne. 135913, IN SERIES 10, SOOK 1969 OF OFfICIAL RECORDS W~ICH SAID EASEMENTS AND INTERESTS CAN~CT RI~EN I~TO A fEE. THE TRACT HEREINBEFORE REFERRED TO IS A SUBJIVISI~N OF LANDS OESCRIBEO AS: CARLSBAD TRACT 13-18 'PLAl~ CAMINO REAL SHOPPING CENTER) BEING A SUBDIVISION OF: PARCEL A: PARCEL 6 OF PARCEL, MAP NO. 1569, IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN OtEGO, STATE OF CALIfORNIA, ACCORDING TO MAP THEREQF FILED IN THE OFFICE OF COUNTY RECORDER Of SAN DIEGO COUNTY, BEING A DIVISION Of PJRTIONS OF SECTION 32, TOWNSHIP 11 SOJTH, RA~GE 4 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO OFFICIAL PLAT THEREOF, TOGETHER WITH PORTIONS OF LOTS 13, 14 ANO 42 OF HCSP. EUCALYPTUS FOREST COMPANY'S TRACT, ACCORDING TO MAP THE~EOF NO. 1136 fILEt IN THE OFFICE OF COU~TY RECCRDER OF SAN DIEGO COUNTY AND PORTIONS Of EUCALYPTUS STREET AS VACATED AND CLOSED TO PUBLIC USE. E(CEPT THFREFROM SAID SECTION 32 HEREI~ DESCRIBED, ALL MINERAL RIGHTS AND ALL OIL, GAS, PETROLEUM OR OTHER HYOROCARBO~ SUBSTANCES WITHIN OR U~GERLYING SAID LAND WITHOUT RIGHT OF SURFACE E~TRY AS RESERVED IN OEEDS EXECUTED BY REGINALOO MARRON AND CAROLINE MARRON, RECORDED IN BOOK 6699 PAGE 264 Of OFfICIAL RECORDS, A~D BOOK 1112 PAGE 417 Of OfFICIAL RECORDS. ALSO EXCEPT THEREFRO~ SECTION 32, HEREIN DESCRIBED ALL OF THE OIL, GAS, A~J MINERALS AND MINERAL RIGHTS, LYING BENEATH A DEPTH OF 500 FEET fROM THE SU~FACE OF SAID LlNO, TOGETHER WITH THE RIGHT OF ENTRY AT A~Y POINT IN 1014336-A-AMD PAGE SUCH LAND LYING BELOW SAID DEPTH FOR THE PURPOSES ilF EXPLORING, DRILLING, CONVEYING, AND RE~OV~L OF ANY SUCH SU~STANCES AND INSTALLATION OF EQUIPMENT AND PIPELINES FOR SUCH PURPOSES, PROVIDED THAT ANY SUCH ENTRY A~D ACTIVITY UPO~ SAID LAND FOR SUCH PURPOSE SHALL BE CARRIED OUT IN SUCH MA~NER AS TO AVOID ANY INTERFERENCE WITH THE USE OF THE SURfACE OF SAID LA~D, AS EXCEPT EO IN DEEDS, FROM FAWCO, A PARTNERSHIP, WILLIAM S. BARTMAN, FRED A. BARTMAN JR., BERNARD CITRON, AND HARRY J. L. FRANK, JR., ~ECORDEO APRIL 21, 1966 UNDER RECORDER'S FILE NO. 66913 AND 6656B. PARCEL 8: PARCEL 1 OF PARCEL MAP NO. 1569, IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO ~AP THEREGF FILED IN THE OFfiCE OF COUNTY RECORDER OF SAN DIEGO COUNTY, 8EING A DIVISION OF PORTICNS OF SECTION 32, TOW~SHIP 11 SOUTH, RA~GE 4 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO OFFICIAL PLAT THEREOF, TOGETHER WITH PORTIONS OF LOTS 13, 14 AND 42 OF HCSP. EUCALYPTUS FOREST CO~PANV'S TRACT, ACCORDING TO MAP THEREOF N~. 1136 FILED IN THE OFFICE OF COUNTY RECCRDER OF SAN DIEGO COUNTY AND PORTIONS OF EUCALVPTUS STREET AS VACATED AND CLOSED TO PU~LIC USE. EXCEPT THEREFRO~ SECTION 32, HEREIN OESCRIBED, ALL OF THE OIL, GAS AND ~I~ERAL AND MINERAL RIGHTS, LYING BENEATH A DEPTH OF 500 FEET FROM THE SURFACE OF SAID LAND, TOGETHER wITH THE RIG~T OF ENTRY AT ANV POINT IN SUCH LAND LYING BELOW SAID DEPTH FOR THE PURPOSES OF EXPLCRING, DRILLING ta~VEYING AND REMOVAL OF ANY SUCH SUBSTANCES AND INSTALLATION OF EQUIPMENT AND PIPELINES fO~ SUCH PURPOSES, PROVIDED T~~T ANY SUCH ENTRV AND ACTIVITY UPJN SAID LA~D FeR SUCH PURPCSE SHALL BE CARRIED OUT IN SUCH MANNER AS TO AVOID ANY INTERFERENCE WITH THE USE OF THE SU~FACE OF S41D LAND, AS EXCEPTED IN DEEDS FROM FAWCO, A PARTNE~SHIP, WILLIAM S. B4RTMA~, FRED A. BART~ANt JR., BERNARD CITRON, AND HARRY J. L. FRANK JR., RECORDED APRIL 21, 1966 UNDER RECCRDER'S FILE NO. 66913 AND 6656B. ALSO EXCEPT THEREFROM SAID PO~TICN OF SECTIO~ 32, ABOVE ALL MINERAL RIGHTS A~O 4LL OIL, GAS, PETROLEUM, OR OTHER HYDROCARBON SUBSTANCES klTHIN OR U~DERLYING SAtD L4ND WIT~OUT RIGHT OF SURFACE ENTRY AS RESERVED IN DEEDS EXECUTED BY REGINAlDO MARRON AND CAROLINE MARRO~, RECO~DED IN BOOK 6699, P~GE 264 OF OFFICIAL RECORDS AND B01K 1112 PAGE 411 OF OFFICIAL RECORDS. PARCEL C: T~AT PO~TION OF LQTS 14 THROUGH 18 I~CLUSIVE, AND LOTS 31 TH~OUGH 42 INCLUSIVE, OF HQSP. EUCALVPTUS FCREST COMPAiY'S TRACT, IN THE CITY OF CAQLS8AO, IN THE COUNTY OF SA~ DIEGO, ST4TE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1136 FILED IN THE OFFICE OF COU~TY RECORDER OF SAN DIEGO COU~TY, TOGETHER WITH A PORTION OF EUCALYPTUS STREET AS VACATEO AND CLOSED TO PUBLIC USE DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL MAP NO. 156~, THENCE ALONG THE WESTERLY LINE THEREOF SCUTH 962.7' fEET, THENCE LEAVING SAID 1014336-~-AMO PAGE 5 · .. -WESTERlY -ltNE NORTH 16°30'00" VEST "331.90 mT lO"THE 8EGlNNlffG ·OF A "·'.-·TlNGENT 8~2 FOOT RADIUS CURVE, CONCAVE SOUTHERLY, THENCE MESTERLY ALONG -~· .. ·THE ARC OF SAID'CURVE THROUGH A CENTRAL ANGLE OF Itz030'OO" A DISTANCE OF "-' -624.56 "FEET, THENCE TANGENT TO SAID CURVE SOUTH 61°00'00" VEST 114".26 fEET" ..... ,,-TO THE BEGINNING OF A TANGENT 158 fOOT RAOIUS CURVE, CONCAVE i-· --NORT~WESTERlY, THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE T~ROUGH A ,.~~".". -CENT~AL ANGl~" OF i3024'"'''' A DISTANCE OF 117.1t4 FEET, THENCE TANGEHTTO •.• : :~~SAID CURVE SOUTH 740 24'1t4" WEST 11t0.00 fEET TO THE 8EGINNING OF 1 TANGENT ..... ~ lSa 'FOOT R~DIUS CURVE, CONCAVE NORTHERLY; THE~CE WESTERLY ALONG SAID CURVE .,." ~. TO THE'SOlHKERLY PROLONGATION OF THE WESTERLY LINE OF SAID LOT 31; THE~CE , .~ NORTHERLY TO AND ALONG SAtD WESTERLY lINE TO THE NORTHWESTERLY CORNER OF ~-. SAIO'lOT 31; THENCE ALONG THE NORTHERLY lINE OF SAID lOT SOUTH 89°42'19" ~ .• "EAST TO'A POINT t~ THE WESTERLY lINE OF SAID lOT 38; THENCE NORTH 002S 114" ,.~ .,' EAST ALO,.G SAID WESTERLY LINE TO THE NJRTHWEST CORNER THEREOF; THENCE .~. -.. -ALONG THE NORTHERLY LINES Of SAID LOTS 3S, 39, ItO, Itl AND It2 SOUTH ,-" ._. 890~2'19" EAST 131"2.13 fEET TO THE POINT OF BEGINNING. PA~CEL D: A STRIP OF LAND 8~.OO FEET IN WIDTH lYING WITHIN LOTS 14 THROUGH 18 I~CLU~IVE, LOT 21, LOT 22 A~D LeT 23 (IF ANY', LOTS 32 THROUGH 37 INCLUSIVE, AND lOT 38 (IF ANV) OF H~SP. EUCALYPTUS FOREST CC~PANY'S TRACT, T~ T~E CITY OF CARLSBAD, IN THE CCUNTY OF SA~ DIEGQ, STATE OF CALifORNIA, ACCORDING TC MAP THEREOf NO. 1136 FILED IN THE OFfICE CF CCUNry RECORDER aF SAN DIEGO COU~TV, TOGETHEQ WITH A PJRTIO~ OF EUCALYPTUS STREET AS VACATEO A~O CLOSED TO PU~lIC USE, THE ~ORTHE~LY AND NCR1H~ASTERlY LINE OF SAID STRIP BEING CESCRIBED AS fellOwS: aEGINNING AT THE NORTHweST CORNER OF SAID PARCEL MAP NO. 1S69, THENCE ••. ALONG THE weSTERLY LINE THEREOF SOUTH 962.19 fEET TO THE TRUE POINT m= • .• 8EG,INNING" Of THE HEREIN DESCRI8ED LINE, THENCE LEAVING SAID WESTERLY lINE . • " ·,!NORTH 16·30~00" WEST 331.90 FEET TO THE 8EGINNING Of A TANGENT 842 fOOT • " R~·Dius CU~VE, CONCAVE SOUTHERLY, THENCE WESTERLY 4LONG THE ARC OF-SAID 'r · ... t-~,URVE THROUGH A CENTRAL ANGLE Of 42°10'00" A DISTANCE OF 624.56 FEET.- ~. ~~::1IiENCE TANG,E,NT TO SAID CURVE SOUTH 61°00'00" WEST I11t.26 fEET TO THE " ~.' .. " 8EGINNING QF l TANGENT 158 fOOT RADIUS CURVE, COfliCAVE NORTHWESTERlV,- : ; '~:.' Tl-tENCE SOUTHWESTERLY ALONG THE ARC OF SA 10 CURVE THROUGH .. CENTRAL ANGLE ~ .~·~F 13oZ~t44" ~ DISTANCE Of 171.~4 fEET, THENCE TANGENT TO SAID CURVE ~. ~ .·"SOUTH 14°24'1t4" ~EST 42.ltO fEET TO THE END OF SAID 82 FOOT STRIP, THE ---SOVTHERLY lINE Of SAID STRIP WILL BE PROLONGED OR SHORTENED TO TERMINATE ON THE EAST IN THE SOUTHERLY PROLONG4TION OF THE WEST LINE SAID PARCEL MAP 'NO. 1569 AND ON THE WEST IN A liNE 8EARING SOUTH ls03S'16" EAST. PA~CEL E: PiRCEL 2 QF PARCEL, MAP NO. 1569, 1~ THE CITY OF CA~lseAD, IN THE COUNTY OF SA~ OTEGO, STAlE OF CALIFOR~IA, ACCORCING TO MAP THERECF FILED IN THE OFFICE OF CCUNTV RECORDER OF SA~ DIEGO CCUNTY, BEING A DIVISION OF PORTIONS OF SECTION 32, TOWNS~lP 11 SOUT~, RA~GE 4 ~EST, SAN BERNARDINO ~ERIOIA~, ACCORDING TO OFFICIAL PLAT THERECF, TOGETHER wITH PORTIONS OF lnTS 13, 14 AND 42 OF HCSP. EUCALYPTUS FOREST COMPANY'S TRACT, ACCORDING T~ MAP THEREOF Nn. 1136 fILED IN TrlE OFFICE OF caU~TY qECC~DER OF SAN DIEGO C~U~TY AND PORTIONS OF EUCALYPTUS STREET AS VACATED AND CLOSED TO PUBLIC USE. 1014336-A-AMD PAGE 6 EXCEPT THEREFRO~ SAID SECTION 32 HEREIN CESCRIBEO, ALL ~INERAl RIGHTS AND ALL OIL, GAS, PETROLEUM OR OTHER HYDROCARBO~ SUBSTANCES WITHIN OR UNDERLYING SAID LAND WITHOUT RIGHT OF SURFACE ENTRY _S RESERVED IN DEEDS EXECUTED SY REGINALDC MAR~ON AND CAROLI~E M4~RON, RECO~DED IN BOOK 6699 PAGE 264 Of OFFICIAL RECORDS, AND BOOK 1112 PAGE ~11 OF OFfICIAL RECORDS. ALSO EXCEPT THEREFROM SECTION 32, HEREIN CESC~IBED ALL OF THE OIL, GAS, A~D MINER~LS AND MINERAL RIGHTS, LYING BENEATH A OEPTH OF 500 FEET FROM THE SURFACE OF SAID LAND, TOGETHER WITH THE RIGHT OF ENTRY AT ANY POINT IN SUCH LAND LYING BELOW SAID DEPTH FOR THE PURPOSES Of EXPLORING, DRILLING, CO~VEYING, AND RE~OVAL OF ANY SUCH SUBSTANCES AND INSTALLATION OF EQUIPMENT AND PIPELINES FOR SUCH PUqPOSES, PRaVIDED THAT ANY SUCH ENTRY AND ACTIVITY UPON SAID LAND FOR SUCH PURPOSE SHALL BE CARRIED OUT IN SUCH MA~NER AS TO AVOID ANY INTERFERENCE WITH THE USE OF THE SU~fACE OF SAID lA~D, AS EXCEPTED IN DEEDS, F~OM FAWCQ, A PARTNERSHIP, WILLIAM S. BARTMAN, FRED A. BARTMAN JR., BERNARD CITRON, AND HARRY J. L. FRANK, JR., RECORDED APRIL 21, 1966 UNDER RECORDER'S fiLE NO. 66913 AND 66568. PARCEL F: PARCEL 3 OF PARCEL, ~AP NO. 1569, IN THE CITY OF CARLSeAC, IN THE COUNTY Of SAN DIEGO, STATE Of CALIFORNIA, ACCORCING TO MAP THEREOF FILED IN THE OFfICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, BEING A DIVISION OF PORTIONS OF SECTION 32, TOWNSHIP 11 SOUTH, R~NGE 4 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO OFFICIAL PLAT THEREOF, TOGETHER WITH PORTIONS OF LOTS 13, 14 AND 42 OF HOSP. EUCALYPTUS fCREST COMP~NY'S T~ACT, ACCORDING TO MAP THEREOF NO. 1136 FILED IN THE OFFICE OF COU~TY RECCRDER OF SAN DIEGO COUNTY AND PORTIONS OF EUCALYPTUS STREET 4S VACATED AND CLOSED TO PUBLIC USE. EXCEPT THEREfRO~ SAID SECTION 32 HEREI~ DESC~IBEO, ALL ~lNERAL RIGHTS AND .LL OIL, GAS, PETROLEU~ OR OTHER HYO~OCARBON SUBSTANCES WITHIN OR UNDERLYING SAID LAND WITHOUT RIGHT OF SURFACE ENTRY AS RESERVED IN OEEDS EXECUTED BY REGINALDO MARRON AND CAROLI~E MARRON, RECORDEO IN BOOK 6699 PAGE 264 OF OFFICIAL RECORDS, AND BOOK 1112 P~GE ~11 OF OFFICIAL RECORDS. ALSO EXCEPT THEREFRO~ SECTION 32, HEREIN DESCRIBED ALL Of THE OIL, GAS, AND MINERALS AND MINERAL RIGHTS, lYI~G BENEATH A DEPTH CF 500 FEET FROM THE SURFACE OF S41D LAND, TOGETHER WITH THE RIGHT OF E~TRY AT ANY POINT IN SUCH LAND LYING BELOw SAID DEPTH FOR THE PU~POSES Of EXPLORING, DRILLING, CONVEYING, AND REMOVAL OF ANY SUCH SUBSTANCES AND INSTALLATION OF EQUIPMENT AND PIPELINES FOR SUCH PURPOSES, PRQVIOED THAT ANY SUCH ENTRY A~D ACTIVITY UPON SAID LAND FOR SUCH PURPOSE SHALL BE C4RRIED OUT IN SUCH MANNER AS TC AVOID ANY INTERFERENCE WITH THE USE OF THE SURfACE OF SAID LANO, AS EXCEPTEO IN DEEDS. FROM FA~CO, A PARTNERSHIP, WILL(A~ S. BARTMAN, FRED A. BARTMAN JR., BERNARD CITRON, A~D HARRY J. l. FRANK, JR •• RECORDED APRIL 21. 1966 UNDER RECORDER'S FILE NO. 66913 AND 66568. 1014336-.-AMD PAGE 1 • (- . .... ' PARCEL G: PARCELS 7 THROUGH 11 OF PARCEL MAP 1569 IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO. STATE OF CALIFORNIA, ACCORDING TO ~AP THEREOF FILED f~ THE OFFICE OF COUNTY RECORDER OF SAN CIEGO COU~TY, BEING A DIVISION OF PORTIO~S OF SECTION 3~, TO~NSHIP 11 SOUTH, RA~GE 4 WEST, SAN 8ER~ARDtNO MERIDIAN. ACCORDING TO OFFICIAL PLAT THEREOF, TOGETHE~ wITH PCRTIONS OF lOTS 13, 14 AND 42 OF HaSP. EUCALYPTUS fOREST CO~PANY'S TRACT, ACCORDING TO MAP THEREOF NO. 1136 FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEG~ COUNTY AND PORTIONS OF EUCALYPTUS STREET AS VACATED AND CLOSED TO PUBLIC USE. EXCEPT THEREFROM SAID SECTION 32 HEqEtN DESCRIBED, ALL MINERAL RIGHTS AND ALL OIL, GAS, PETROLEU~ OR OTHER HYDROCARBON SUBSTANCES WITHIN OR UNDERLYING SAID LAND WITHOUT RIGHT OF SURFACE ENTRY AS RESERVED IN OEEDS EXECUTED BY REGfNALOO MARRON AND CAROLINE MA~~ON, RECORDED I~ BOOK 6699 PAGE 264 OF OFfiCIAL RECORDS, A~D BOOK 1112 PAGE 477 OF OffiCIAL RECORDS. ALSO EXCEPT THEREFROM SECTION 32, HEREIN DE5CRI~ED ALL OF THE OIL, GAS, AND MINERALS AND MINERAL RIGHTS, LYI~G BENEAT~ A DEPTrl OF 500 FEET FROM THE SURFACE OF SAID LAND, TOGETHER WITH THE RIGHT OF ENTRY AT A~Y POINT IN SUCH LA~O LYING BELOW SAID DEPTH FOR THE PURPJSES OF EXPLORING, DRILLING, CONVEVING, AND REMOVAL Of ANY S0CH SU~STA~CES AND INSTALLATION OF EQUIPMENT AND PIPELINES FOR SUCH PURPOSES, PR~VIDED THAT ANV SUCH ENTRY A~D ACTIVITY UPON SAID LAND fOR SUCH PURPOSE SHALL BE CARRIED OUT IN SUCH "ANNER AS TO AVOID ANY INTERFERENCE WITH THE USE OF THE SURFACE OF SAID lA~O. AS EXCEPTED IN DEEDS, FROM FAWCO, A PARTNERSHIP, WILlIA~ S. BARTMAN, fRED A. BARTMAN JR., BERNARD CITRaN, A~D HARRY J. L. FRANK, JR., RECORDED APRIL 21, 1966 UNDER RECORDER'S FILE NO. 66913 AND 66568. PA~CEl H: PARCEL 5 OF PARCEL, ~AP N~. 1569, IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF FILED IN THE OFFICE OF COUNTY RECORDER OF ~AN DIEGO COUNTY, BEING A DIVISION OF PO~TIONS OF SECTION ~2. TO~NSHIP 11 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO OFFICIAL PLAT THEREOF, TOGETHER wITH PO~TIONS OF lOTS 13, 14 AND 4~ OF HaSP. EUCALYPTUS FOREST COMPANY'S TRACT, ACCORDING TO MAP THEREOF NO. 1136 FILED IN THE OFFICE OF COUNTY RECCRDER OF SAN OIEGO COUNTY AND PORTIONS OF EUCALYPTUS STREET AS VACATED AND CLOSED TO PUSllC USE. EXCE~T THEREFROM SAID SECTION 32 HEREIN DESC~IBED, ALL MINERAL RIGHTS AND ALL OIL, GAS, PETROLEUM OR OTHER HYDROCARBO~ SU9STANCES WITHIN OR UN~ERLYING SAID LAND WITHOUT RIGHT OF SURfACE E~TRY AS RESERVED IN OEEDS EXECUTED BY REGIN~LDC MARRON AND CAROLINE MAq~JN. RECORDED IN BOOK 6699 PAGE 264 OF OFFICIAL RECORDS, AND SOOK 1112 PAGE ~11 OF OFFICIAL RECORDS. ALSO EXCEPT THEREFROM SECTION 32, HEREIN DESCRIBED ALL OF THE OIL, GAS, AN~ MINERALS AND MINERAL RIG~TS, LYING BENEATH A DEPTH OF 500 FEET FROM lOI1t336-~-AMD PAGE 8 • f '.,.' t " T~E SURFACE OF SAID LAND, TOGETHE~ WITH THE RIGHT Of ENTRY AT ANY POINT IN SUCH LA~D LYING BELOW 5AID DEPTH FO~ THE PURP]SES OF EXPLORING. DRILLING. CONVEYING, AND REMOVAL OF ANY SUCH SUBSTANCES AND INSTALLATIO~ OF EQUIP~ENT ANC PIPELINES FOR SUCH PURPOSES, PROVIDED THAT ANY SUCH ENTRY _NO ACTIVITY UPON SAID LAND FeR SUCH PURPOSE SHALL aE CARRIED OUT IN SUCH "ANNER AS TO AVOID ANY INTERFERENCE WITH THE USE Of THE SURFACE OF SAID LA~~, AS EXCEPTED IN OEEDS, FROM FAWCQ, A PARTNERSHIP, WILLIA~ S. BARTMAN. FqEO A. BARTMAN JR., BERNARD CITRON, AND HARRY J. L. fRANK, JR., RECORDED APRIL 21, 1966 UNDER RECORDER'S fILE NO. 66913 ANO 66568. PARCEL I: PARCEL 4 OF PARCEL, MAP NO. 1569, IN THE CITY OF CARLSeAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF fiLED IN THE OFFICE OF COUNTY RECCRDE~ OF SAN DIEGO CCUNlY, BEI~G A OIYJStON Of P3~TtONS OF SECTION 32, TOWNSHIP 11 SOUTH. RANGE 4 WEST, SAN BERNARDINO MERIDIAN, ACCORDIN~ TO OfFICIAL PLAT THEREOF. TOGETHER wITH PORTIONS OF L~TS 13. 14 AND 42 OF HOSP. EUCALYPTUS FOREST COMPANY'S TRACT. ACCORDING Ta MAP THEREOF NO. 1136 flLEO IN THE OFFICE OF COUNTY RECGRDER OF SAN DIEGO COUNTY AND PORTIONS OF EUCALYPTUS STREET AS VACATED AND CLOSED TO PUBLIC USE. EXCEPT THEREFROM SAID SECTION 32 HEREIN DESCRIBED, ALL MINERAL RIGHTS AND ALL CIL, GAS, PETRnLEUM OR OTHER HY~ROCARSO~ SUBSTANCES WITHIN OR UNDERLYING SAID lAND WITHOUT ~IG~T OF SURFACE ENTRY AS RESERVED IN OEeDS EXECUTED 8Y REGI~ALDC HAR~ON AND CAROLINE MARRON, RECORDED IN BOOK 6699 PAGE 264 OF OFFICIAL RECORDS, AhD BOOK 1112 PAGE 411 OF OFFICIAL RECORDS. ALSO EXCEPT THEREFROM SECTIO~ 32, HEREIN DESCRIBED ALL OF THE OIL. GAS, AND ~INERALS AND MINERAL RIGHTS, LYING BENEATH A DEPTH OF 500 FEET FROM THE SURfACE Of SAID LAND, TOGETHER WITH T~E RIGHT Of ENTRY AT ANY POINT IN SUCH LAND LYING 8ELOW SAID DEPTH fOR THE PURPOSES OF EXPLORI~G, DRILLING, CO~VEYING, AND RE~OVAL OF ANY SUCH SU6STA~CES AND INSTALLATION Of EQUIPMENT AND PIPELINES FOR SUCH PURPOSES, PROVIDED THAT ANY SUCH ENTRY AND ACTIVITY UPON SAID LAND FOR SUCH PURPOSE SHALL BE CARRIED OUT IN SUCH ~A~NER AS TO AVOID ANY INTERFERENCE WITH THE USE OF THE SURfACE OF SAID LAND, AS EXCEPTED IN DEEDS, FRO~ FAWCO, A PARTNERSHIP, WILLIAM S. BARTMAN, FRED A. BART~AN JR., 8ERNARD CITRON, AND HARRY J. L. FRANK, JR •• RECORDED APRIL 21, 1966 UNDER RECORDER'S FILE NO. 66913 AND 66569. OATED: JUNE 21, 1918 AT 1:30 A.M. TITLE INSU~A~CE AND TRUST COMPANY ASSISTANT SECRETARY l014336-A-AMD PAGe 9 .... _--"" .. ~.' , ' .. TITLE INSURANCE AND TRUST 220 -A-STREET P.O. BOX 1150 SAN DIEGO. CALIFORNIA 92112 114-239-6081 JULY 12. 1918 '. MAy STORES :·SHOPPING CENTER. INC. 10118 WEST PICO BLVD •• SUITE 1 LUS ANGELES •. ~ALlfORNIA 90064 AT't.N: HERB ROTH J. YOUR REFERENCE: CARLSBAD TRACT 16-1B OUR ORDER NO.: 1014136 -AMENDED -3RD P~~LI~INARY S~80IVISION REPORT fOR TENTATIVE MAP. FOR THE 8ENEfIT-Of THE SUBDIVIDER, THE SUBDIVIDER'S ENGINEER. f' ...• THE COUNTY Of SAN DIEGO, AND ANY CITY WITHIN WHICH THE SU"ftDIV~SlON ,IS I,.OCATt;D. IN CONNECTION WITH THE PROPOSED RECORDATION Of THE SUBDIVISION MAP,-A PRELIMINARY EXAMINATION OF THOSE PUBLIC RECO~DS WHICH UNDER THE RECORDING LAWS IMPART CONSTRUCTIVE NOTICE OF MATTERS RELATING TO SAID LAND. DISCLOSES THE FOLLOWING MATTERS. O~TE~.AT 1:30 A.M. AS Of JUNE 21, 1978 TITLE.OFFICER: SIGNED. ~ ~..zs:t~~« i . 1 VE~TEE:'PLAlA' C~AMINO REAL, A CALIFORNIA LUUTED PARTNERSHIP, AS TO PARCEL A AND THAT PORTION OF PARCEL C LYING EASTERLY AND NORTHERLY OF A .. LINE ~~SCRIBeO AS FOLLOWS: . If' 8EGINNI~G AT THE SOUTHEAST CORNER OF THE NORTH HALf OF THE NOlfTHeA!ST QUARTER OF SECTION 31, TOWNSHIP 11 SOUTH, RANGE 4 WEST • THENcE ;ALONG THE SOUTH LINE Of SAID NORTH HALF NORTH 89-4Z'19-• < ••• ( ." WEST '1304.10 FEeT, THENCE DUE SOUTH 832.99 FEET, THENCE SOUTH • j 76-30'00· EAST 1265.00 FEET • I" ".' AND YES'T ,IN PLAZA CAMINO REAL, A CALIFORNIA LIMITED PARTNERSHIP. . AS TO THO'SEPORTIONS Of PARCELS ·C" AND -0" LYING WITHIN A PARCEL , j ,., • OF UNO 'SITUATE IN THE CITY Of CARLSBAD, IN THE COUNTY OF' SAN , t "·'Sl .. ' l • . DIEGO, .STATE OF CALIFORNIA, 8E ING A PORTION OF seCTION 31. ,"" '." . I 101~l36-A"D PAGE 1 ; . ., .~ I I .' ' ,III·· •• ", 1, I! • ". It: ",,' TOWNSHIP '11 SOUTH. RANGE" WEST. SAN BERNARDINO MERIDIAN. ACCORDING TO OFFICIAL PLAT THEREOF AND PORTIONS OF LOTS 19. 20 ANO~3,ANO OF EUCALYPTUS STREET. ALL OF HaSP EUCAl'YPTUS FOREST COMPANY'S TRACT. ACCORDING TO MAP THEREOF NO. 1136 FILED IN THE 'OFFICE :Of COUNTY RECORDER OF SAN DIEGO COUNTY. 8EING MORE PARTICULARLY DESCRIBED AS FOllOWS: 8EGlfIi'NING AT THE SOUTHEAST CORNER OF THE NORTH HALf OF THE NORTHEAST QUARTER OF SECTION 31. TOWNSHIP 11 SOUTH. RANGE " VEST; THENCE :ALONG THE SOUTH LINE Of SAID NORTH HALF NORTH 89-"2'19· WEST 1304.10' FEET; THENCE DUE SOUTH 832.99 FEET; THENCE SOUTH 16-30'00· EAST 1265.00 fEET; THOSE PORTIONS OF PARCELS ·C· AND I I,.. '~;! _. ~. ·0. LYING WITHIN A PARCEL Of LAND SITUATE IN 'HE CITY OF CARLS'SAD. IN THE COUNTY OF SAN 01 EGO. STATE OF CALt'FORNIA. BEING APOftTION OF SECTION 31, TOWNSHIP 11 SOUTH. RANGE" WEST, SAN 8ERNARDINO MERtDIAN. ACCORDING TO OFFICIAL 'LAT THEREOf AND PoRTIONS OF LOTS 19. 20 AND 33 AND Of EUCALPYTUS STREET. ALL OF '1 ,.", :". I HaSP EUCALYPTUS FOREST COMPANY'S TRACT ACCORDING TO MAP THEREOF NO. 1136. FILED IN THE OFFICE Of COUNTY RECORDER OF SAN DIEGO COUNr~~ 8EING, MORE PARTICULARLY OESCRI8ED AS FOLLOWS: .. T ~ '" l 8EGINN,rNG AT THE SOUTHEAST CORNER Of THE NORTH HAlf OF THE HORTHEAST QUARTER OF SECTION 31; TOWNSHIP 1t SOUTH. RANGE" WEST; tHENC~;'AlONG THE SOUTH LINE Of SAID NORTH HALF NQaTH 89-42'1'· . I" !~, VES,,:~~0".21 FEET; THENCE SOUTH, 962.19 FEET TO THE NORTHERLY liNE OF MARRON ROAD (82 FEET WIDE); THE"CE NORTH 16-30'00· VEST. J31.90",:·FEET to THE 8EGINNING OF A TANGENT CURVE CONCAVE f.". SOUTf::I,E~LY HAVING A RADIUS OF 842.00 fEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF "20 30'00. A DISTANCE OF ," ; 621t~56 "FEET; THENCE SOUTH 61°00' 00· weST. 11".26 fEET lOTHE , . 8EGINN .• NG Of A' TANGENT CURVE CONCAVE NORTHWESTERLY "lVING A . ;"~"" RADIUS OF 158.00 FEET; THENCE SOUTHWESTERLY ALONG SaiD CURVE ; '" THROUGH l CENTRAL ANGLE OF 11°24'''''" A DISTANCE OF 111."" fEET; ",~':' THENCE ,SQijTH:14-2"'44· WEST, "2.1t0 FEET TO THE TRUE POINT OF .. 8EGINNING; THENCE SOUTH 1"-2"'4~" WEST, 91.60 FEET TO THE , ~ f' "8EGINN'lNG OF A TANGENT CURVE CONCAVE NORTHEASTERLY HAVING l . " .. , RADIUS' OF 158.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE ... ' THROUGH A CENTRAL ANGLE OF 600 31' 00" A DISTANCE OF 800.61 FEET; ,!. \ THENCE NORTH 0\5.0"'16" WEST, 130.00 fEET TO THE BEGINNING OF A . , .•. ~-"TANGE~f CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 5S8.00 "". ", •. " FEET; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGlE ".""'()f 31-d"'59" A DISTANCE Of 302.12 fEET; THENCE NORTH 13-59'11· .. ., ··' .. ··VEST ,too. 00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE ',l""""eASTERLV HAVING A RADIUS OF 558.00 fEET; THENCE NORTHERLY ALONG 't, 'SAID CURVE THROUGH A CENTRAL ANGLE OF 1"-11'11" A OISTANCE OF 1'39.15 "FEET TO A POINT IN THE SOUTHERLY RIGHT OF WAY Of "ARRON 'ROAD '~2FEET WIDE); THENCE NORTH 89-"2'00· WEST, 82.00 FEET 'ALONG SAID RIGHT OF WAY LINE TO THE BEGINNING OF A NON-TAHGF.NT CURVE 'C;ONCAVE EASTERLY HAVING A RADIUS OF 6"0.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1"-17'11· l DISTANCE OF 159.60 FEET TO THE BEGINNING OF A REVERSE CURVE 101"336-A"0 PAGE 2 . , :,:it -" , 'I' CONCAVE NQRTHWESTERLY HAVING A RADIUS Of 20.00 FEET; THENCE "."., " > SOUtHWE'STERlY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF '.t '90°00' 00. A 01 STANCE OF 31."2 FEET; THENCE SOUTH 760 00'00. WEST • . ·'· .. ·'·'122.~50 ,fEET 'TO THE BEGINNING OF A TANGENT CURVE CONCAYE '!<' SOlitHERLY HAVING A RADIUS OF 530.00 FEET; THENCE WESTERLY ALONG " SAID 'CURVE THROUGH A CENTRAL ANGLE OF "0°48'08" A OISTANCE OF .,." .. , 311."3 fEET TO A POINT IN THE RIGHT OF WAY LINE OF JEfFERSON ,·.t:! ,~.; u",' ~, . '~"'STREET 160 FEET WIDE'; THENCE SOUTH 54°41'25" EAST. 60.00 FEET TO THE SEGINNING Of A NON-TANGENT CURVE CONCAVE SOUTHERLY HAVING A ""'RADIUS OF '410.00 fEET; THENCE EASTERLY ALONG SAID CURVE THROUGH A J k .. CENTRAL ANGLE OF "0°48'08" A DISTANCE OF 334.10 FEET; THENCE HORTH 1,°00·00· EAST 122.50 FEET TO THE 8EGINNINGOF A 'TANGENT C~RVE CQNCAVE SOUTHWESTERLY HAVING A RADIUS OF ZO.OO FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90 0 00'00. A DISTANCE OF ~1.4Z FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 640.00 FEET; THENCE SOOTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF ., '. .310 0"'59.' A DISTANCE OF 3"1.20 FEET; THENCE SOUTH "5·04'16-EAST. 130.00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAYE NORTHEASTERLY HAVING A RADIUS OF 840.00 FEET; THENCE . -',' SdUTHEASTERlY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF t, 60°31'00" A DISTANCE OF 881.22 fEET; THENCE NORTH 1"oZ4'''''. EAST. "91.60 FEET; THENCE NORTH 15°35'16" WEST. 82.00 FEET TO THE TRUE POINT OF BEGINNING. ANQ VEST IN: ,~ ." i' THE PARKING AUTHORITY OF THE CITY Of CARLSBAD. A PUBLIC CORP~ATION. AS TO PARCEL B • .. - I' . AND VEST IN: THE MAY STORES SHOPPING CENTERS, INC., AS TO AN UNDIVIDED 50 PERC~NT; BERNARD CITRON. A MARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY, AS TO AN UNDIVIDED 12 1/2 PERCENT; HARRY J. L. FRANK, JR.~ A MA~RIeD MAN AS HIS SOLE AND SEPARATE PROPERTY, AS TO AN UNDIVIDED 12 1/2 PERCENT; FRED A. BARTHAN, JR., AS TO AN UNDIVIOEd 12 1/2 PERCENT; FRED A. BARTMAN. JR., NORMA 8. BARTMAN, THOMAS FRED BARTMAN AND WILLIAM S. BARTMAN. JR., AS TRUSTEES UNDER THE MARITAL TRUST ESTABLISHED U~DER THE WILL Of WILLIAM S. J' '8ARTMA~, DEC~ASED, AS TO AN UNDIVIDED 6 1/4 PERCENT; AND fRED A. "BARTMAN, JR., NORMA 8. BARTMAN, THOMAS FRED BARTMAN AND WILLIAM ;'. S. 8ARTMAN, JR., AS TRUSTEES UNDER THE RESIOUAL TRUST ESTA8LISHED ''''UNDER THE WILL OF WILLIAM S. BARTMAN, DECEASEO. AS TO AN UNDIVIDEQ 6 1/4 PERCENT AS TO THE REMAINDER OF 'ARCEL C AND O • AND VEST IN: PLAZA CAMINO REAL, A CALIFORNIA LIMITED PARTNERSHIP, AN UNDIVIDED 50' INTEREST AS A TENANT IN COMMON, ANO THE MAY DEPARTMENT STORES "COMPANY, A NEW YORK CORPORATION, AN UNDIVIDEO SO, INTEREST AS A 1014336-A"D PAGE 3 , ~, ,II t,' ~ ~ ,., TENANT'IN COMMON, AS TO PARCEL E AND VEST IN: MAY PROPERTIES, INC., A DELAMARE CORPORATION, AS TO PARCEL F , AND VEST IN: PLAZA CAMINO REAL, A CALIFORNIA LIMITED PARTNERSHIP. AS TO PARCEL G AND VEST IN: " NEW MARJORAM ASSOCIATES, A NEW YORK GENERAL PARTNERSHIP, AS TO PARCELS H AND I EXC'ePTIONS: THE FOLLOWING ITEMS AFFECT PARCELS A AND 8: 1. $.ENERAL AND SPECIAL COUNTY AND CITY TAXES REPORT TO FOLLOW. , ' 2.' THE F'ACT THAT 'THe OWNERSHIP Of SAtO LAND DOES NOT INCLUDE ANY RIGHT OF "iNGRESS 'OR EGRESS TO OR FROM THE HIGHWAY CONTIGUOUS THERETO, 'SAID RIGHT HAVING BEEN RELINQUISHED BY oeEO TO : STATE OF CALIFORNIA RECORDED : ~~EPTEM8ER 8, 1964, RECOROER'S FILE NO. 16)412 NOTE: SAID FREEWAY IS ADJACENT TO THAT PORTION OF THE NORTHERLY AND EAStERLY LINES'OFTHE HEREIN DESCRIBED lANO SHOWN AS HAVING THE FOl.LOWING 8EA'RINGS ANlf DISTANCES: NORTH 3°45'41-WEST 10.00 FEET; NORTH 5,032'S.- MES", .lOO~~ -F'EET TO A POINT IN THE ARC OF A 150 fOOT RADIUS CURVE, CONCAVE SOutHERLY, A RADIAL LINE OF SAID CURVE BEARS NOATH 280 ))'21-EAST To'~SAID POINT,'WESTERlY ALONG SAID CURVE 81.31 FEET THROUGH AN ANGLE OF 31003'27-, NOH-TANGENT TO SAID CURVE SOUTH 89°12'51" WEST 167.11 fEET TO A POINT IN THE ARC OF A 205 FOOT RADIUS CURVE, CONCAVE SOUTHERLY, A RADIAL LINE OF $AIO CURVE BEARS NORTH 20 30' WEST TO SAID POINT WESTERLY ALONG SAfd' CURVE 125.'18 FEET THROUGH AN ANGLE OF 35°09'13-TO A POINT Of REVERSED CURVATURE HAVING A RADIUS OF 95 FEET, WESTERLY AND NORTHWESTERLY ALONG SAID CURVE 185.96 FEET. to., • , SAIC 'DEED REClTES IN PART AS FOllOWS: :' Ii ' , . • PRQ),JDED. HOWEVER, THAT SUCH REMAINING PROPERTY SHALL A8UT UPON AND HAVE ACCESS TO SAID F~ONTAGE ROAD WHICH Will 8E CONNECTED TO THE fREEWAY ONLY AT SUCH POINTS AS MAY 8E ESTA8LISHED BY PU8llC AUTHORITY.- 1011t336-AMO PAGE " " , 'r " • , -, AFFetrS:PARce~ 1 OF 'ARCEL MAP 1569 SAID'MATTER AFFECTS: '~ItCeL B 3. THE RECITAL CONTAINED IN THE DEED TO THE STATE OF CALIFORNIA RECORDED SEPTEMBER 8. 19~4. RECORDER'S FILE NO. 163432. AS FOLLOWS: , j, THE GRANTOR. FOR ITSELF, ITS SUCCESSORS AND ASSIGNS. HEREBY VAlVES ANY CLAIMS FOR ANY AND ALL DAMAGES TO GRANTOR'S REMAINING PROPERTY CONTIGUOUS TO THE PROPERTY HEREBY CONVEYED BY REASON OF THE LOCATION. CONSTRUCTION. LANDSCAPING 9R MAINTENANCE OF SAID HIGHWAY. SAID'RECITAL AFFECTS THAT PORTION Of THE NORTHERLY AND EASTERLY LINES OF THE HEREIN oeSCRIBED LAND SHOWN AS HAVING THE FOLLOWING BEARINGS AND OISTAftC ES : NORTH )-0\5'47·.,EST 10.00 FEET, NORTH 56°32'58" WEST 100.34 FEET TO A POINT IN THE ARC Of A 150 FOOT RADIUS CURVE, CONCAVE SOUTHERLY, A RADIAL LINE OF SAID CURVE' BEARS NORTH 28°33'21" EAST TO SAID POINT. WE$TERLY ALONG SAID CURVE 81.31 FEET THROUGH AN ANGLE OF 11°03'21", NON-tANGENT TO SAID CURVE'-SOUTH 890 1Z'51" WEST 161.13 FEET TO A POINT IN THE ARC Of A 205 FOOT RAotUSCURVE. CONCAVE SOUTHERLY, A RADIAL LINE OF SAID CURVE aEARS NORTH' 2-30' w'eST TO SAID POINT, WESTERLY ALONG SA 10 CURVE 125.18 FEET THR"CUGH AN ANGLE OF 350 09'13" TO A POINT Of REVERSED CURVATURE HAVlNG A RADIUS Of 95 'FEET, WESTERLY AND NORTHWESTERLY ALONG SAID CURVE 185.96 FEET. SAID "ATTER AFFECTS: P~RCEL 1 OF PARCEL "AP 1569 -AFFECTS PARCEL B 4. l'N EASEMENT PURPqSES STATED IN FA,YOR OF : FOR " ttECORDED AFfECTS : : • • AFFECTING THE PORTION OF SAID LAND AND FOR THE HEREI~, AND INCIDENTAL PURPOSES VISTA SANITATION DISTRICT AND THE CITY OF CARLSBAD, AS TENANTS IN COMMON SEWER PIPE LINE OCTOBER 9, 1964 RECOROER'S FILE NO. 184911 PARCEL 1 OF PARCEL MAP 1569 SAlri~ATTER AFFECTS: PARcEL B , .. SAID .EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: TO-WIT .J .... \": '., ..... .:11' ALL 'THAT PORTION OF THE NORTHWEST QUARTER OF seCTION 12. TOWNSHI' 11 sOlfTH, RANGE ~ WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO. STATE OF "CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVEO APRIL' '5~'" 1881. LYING WITHIN A STRIP OF LAND 15.00 FEET IN WIDTH, lYING I 7.50 FEET ON EACH SIDE OF A CENTER LINE DESCRIBED AS FOLLOWS: • , , ; 'of • . ,~ , 8EG,I~NI~G AT A POINT ,ON THE CENTER LINE OF ROAD SURVEY 925 OF EL CAMINO lOl~336-AMD PAGE 5 ·iIt,~ . ,. ~" , , . )~. :.: . ~', , ; REAL; 'ACCORDING TO MAP THEREOF ON FILE IN THE OFFICE OF COUNTY SURVEVOR Of SAN OIEGOtOUNTY; DISTANT THEREON SOUTH 30~6'0-EAST '241.50 FEET FROM 'THE 'i'NTERSECTION Of SAID CENTER LINE WI TH THE CENTER LINE OF THE COUNTV HIGHWAY COMMISSION RELOCATION OF ROUTE 14, DIVISION 1. ACCORDING TO MA' THEREOF UN FILE IN THE OFfICE Of COUNTY SURVEYOR Of SAN DIEGO COUNTY; THENCE SOUTH 81·~2·36-WEST 758.17 FEET; THENCE SOUTH 14·41'19-VEST 641.8,~ .. :eET TO A POINT IN THE WEST LINE OF SAID SECTION 32. EXCEPTING THEREFROM THAT PORTION LYING WITHIN ROAD SURVEY 925. THE'SIDE Lt'NES OF 'SAIO 15.00 FOOT STRIP OF LAND TO BE LENGTHENED OR SHORTENED SO AS TO TERMINATE IN THE WESTERLY LINE Of SAID ROAD SURVEV 925', ~ND THE' WEST lINE Of SA 10 SECTION 32. REFERENCE IS MADE TO SAtO DOCUMENT FOR fULL PARTICULARS. . : . 5.~N EASEMENT ~RPd~ES STATeD IN fAVOR Of : AFFECTING THE PORTION OF SAID LAND AND fOR THE HEREIN, AND INCIDENTAL PURPOSES FOR" : VISTA SANITATION DISTRICT AND THE CITY Of CARLS8AD A seWER 'IPE LINE RECORDED : AfFECTS : OCTOBER 9, 196~ RECORDER'S FILE NO. 184918 'ARCEL 1 OF PARCEL MAP 1569 SAID MATTER AffECTS: '~RCEL B:. THE ~ORTH 15 fEET OF LOTS 39, 40. 41 AND 42 OF HOSP EUCALYPTUS FOREST TRAC( NO.1. 6. THE RIGHT TO EXTEND AND MAINTAIN DRAINAGE STRUCTURES AND EXCAV~ATION AND EMBANKMENT SLOPES BEYOND THE LIMITS OF THE RIGHT Of WAY G1tANTEO THEREIN MHERE REQUIRED FOR CONSTRUCTION AND MAl NfENANCE GRANTED to : CITY OF CARLS8AD RECORDEO : MARCH 11, 1966 RECORDER'S FILE NO. 42245 SAIO'MATTE~ AFfECTS: PARCEL 10F PA~CEl MAP 1569 -AfFECTS PARCEL 8 • 'I ~. 1. i'COVENANTS AND' EASEMENTS AS CONTAINED IN AN AGREEMENT EXECUTEO BY FAMCO, LTD., ET AL,RECORDED APRil 21. 1966 RECORDER'S fILE NO. 66916. ItEf,ERE~CE IS MADE TO SAID DOCUMENT FOR fULL PARTICULARS. AM AMENDMENT TO THE ABOVE AGREEMENT WAS RECOROED JULY 28, 1969 AS DOCUMENT . . . . MO. 1,5915 Of OffICIAL RECORDS SAIO" MATTER AfFECTS: PARCELS A AND 8 , , 8. EASEMENTS TOGETHER WITH THE POWER TO GRANT LICENSES FOR THE USE OF 1014336-AMO PAGE 6 : t SAID' 'EASEMENTS, AS GRANTEO TO THE MAY DEPARTMENT STORES COMPANY. A NEW YORK'tORPORATION, BY DEED RECORDED APRIL 21. 1966 UNDER RECORDER'S fiLE NO. ~,~911t. SAID 'MATTER AfFECTS: P'~tlCELS A AND B 9.' AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSeS STATED 'HEREIN. AND INCIDENTAL PURPOSES ~ , -IN fAVOR Of : ' SAN DIEGO GAS 'ELECTRIC COMPANY, A CORPORATION FOR : A LINE Of PIPES fOR THE TRANSMISSION AND DISTRIBUTION OF , GAS AND ALL PURPOSES CONNECTED THEREWITH AT SUCH LOCATIONS AND ELEVATIONS IN, UPON, UNDER ANDIOR ALONG THE HEREINAfTER DESCRIBED EASEMENT AND RIGHT OF WAY AS GRANTEE MAY NOW OR HEREAfTER DEEM NECESSARY OR CONVENIENT fROM TIME TO TIME, TOGETHER WITH THE RIGHT OF INGRESS RECOROED AfFECTS I • . AND EGRESS BY A PRACTICAL ROUTE OR ROUTES IN, UPON. OVER ""< AND ACROSS THE HEREINAFTER DESCRIBED LAND. OR ANY PORTION OR PORTIONS THEREOf. TOGETHER WITH THE RIGHT TO CLEAR AND KEEP CLEAR SAID EASEMENT AND RIGHT OF WAY. FROM , .. , EXPLOSIVES. MATERIALS, BUILDINGS OR OTHER STRUCTURES. IMPLEMENTS OR OBSTRUCTIONS OCT08ER It. 1968 RECORDER'S fILE NO. 173588 AND 171589 PARCELS A AND 8 SAID ,p,EED,OOES ~OT CONTAIN THE LOCATION Of SAID EASEMENT. NOTE: THE'INTEREST OF SAN DIEGO GAS & ELECTRIC COMPANY, A CORPORATION WAS ELIMINATED'BV A QUITCLAIM DEED RECORDED AUGUST 22, 1912 UNDER RECORDER'S FILE'NO. 223112 AS TO SAID LAND HEREIN DESCRI8ED WITH THE EXCEIITION Of CERTAIN STRiPS OF LAND 8 fEET WIDE AS MORE PARTICULARLY DESCRI8ED IN THE ABOVE" REFERRED TO QUITCLAIM DEED AND THE RIGHT Of INGRESS AND EGRESS THERETO AND THEREfROM. NOTE: SAID REMAINING EASEMENT IS SHOWN ON PAGE Z OF PARCEL MA' 1569 AND NOW SHOW~ ON SAID MAP NO. • 10. '.N EASEMENT AffECTING THE PORTION Of SAID LAND AND fOR THE PURPQSES STATED HEREIN. AND INCIDENTAL PURPOSES IN F"AVOR 'Of : SAN DIEGO GAS & ELECTR IC COMPANY FOR .::' : GAS IIIPE LINES RECORDED : OCT08ER 4. 1968 RECORDER·S filE NO. 113590 AFfe'~TS : AS ~OLlOWS: THOSE CERTAIN 6.00 fOOT WIDE STRIPS OF LAND, BEING 3.00 FEET ON EACH ANO EVERY~SIDE OF THE "GAS FACILITIES· AS THEY EXIST OR WILL eXIST. THE LOCATIONS Of WHICH ARE SHOWN ON THE PLAN MARKEO EXHIBIT -1-. ATt~cHeD HERETO AND BY THIS REFERENCE MADE A PART HEREOF. ll. "'NEASEMENT AGREEMENT DATED SEPTEMBER 19. 1968 EXECUTED BY AND ~ET"f"EN PLAZA.CAMINO REAL. A LIMITED PARTNERSHIP, HEREINAfTER CALLED 1014336-AMD PAGE 1 .>' r : .. -FIRST PARTY-, AND SAN DIEGO GAS & ELECTRIC COMPANY, A CORPORATION, HEREINAFTER CALLED ·SECOND PARTY", RECORDED OCTOBER 4, 1968 RECORDER'S FILE NO. 113591. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 12. AN EASEMENT AffECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREiN, AND INCIDENTAL PURPOSES IN FAVOR OF : SAN DIEGO GAS & ELECTRIC COMPANY, A CORPORATION FOR : UNDERGROUND AND A80VEGROUND ELECTRICAL FACILITIES AND ALL : '-. RECdf(OEO AffE~JS : • • MISCELLANEOUS EQUIPME~T AND MATERIAL CONNECTED THEREWITH, TOGETHER WITH THE RIGHT Of INGRESS AND EGRESS THERETO AND THEREFROM BYA PRACTICAL ROUTE OR ROUTES IN, UPON,'OVER AND ACROSS THE HEREINAFTER OESCRIBED LANDS OR ANY . POf~T'ION OR PORTIONS THEREOF, TOGETHER WITH THE RIGHT TO CLEAR AND KEEP CLEAR SAID EASEMENT AND RIGHT OF WAY, FROM EXPLOSIVES, MATERIALS, 8UILDINGS OR OTHER STRUCTURES, IMPLEMENTS OR oeSTRUCTIONS, WITHOUT LIMITING THE GENERALITY Of THE fOREGOING OCTOBER 4, 1968 RECORDER'S FILE NO. 11359~ AND 173595 PARCELS A AND 8 NOTE:'tHE INTEREST OF SAN DIEGO GAS & ELECTRIC COMPANY, A CORPORATION WAS ELIMINATeD BY A OUITClAIM DEED RECORDED AUGUST 22, 1912 RECORDER'S fiLE NO. 223i72 AS TO SAID' LAND HEREIN DESCRIBEO WITH THE EXCEPTION OF CERTAIN 'stRIPS OF LAND 8 fEET' WIDE AS MORE PARTICULARY DESCRI8ED IN THE AIOVE REFERRED TO QUITCLAIM DEED AND THE RIGHT OF INGRESS AND EGRESS THERETO AND THEREFROM. . " NOTE~ SAID REMAINING EASEMENT IS SHOWN ON PAGE 2 OF PARCEL MAP NO. 1569. 11. 'A LEASE, AFfECTING THE PREMISES HEREIN STATED, EXECUTED 8Y AND 8ETWEEN THE PARTIES NAMED HEREIN, FOR THE TERM AND UPON THE ,TERMS'~'COVENANTS AND CONDITIONS THEREIN PROVIDED. 'DATE~" : JANUARY 12, 1968 LESSOR : PLAZA CAMINO REAL, A CALIfORNIA LIMITED PARTNERSHIP LESSEE : F. W. WOOLWORTH co., A CORPORATION RECO«DEO: DECEMBER 26, 1968 RECORDER'S FILE NO. 226~63 AFfE~TS : PARCELS A AND 8 THE"PttESENT OWNERSHIP Of SAID lEASEHOLD AND OTHER MATTERS AF~~~TING THE INTEREST Of THE LESSEE ARE NOT SHOWN HEREIN. 'AN i'SSIGNMENT Of THE LESSOR'S INTEREST IN THE LEASE HEREIN , REF~iRED Tli, GIVEN AS AODIT IONAL SECURI TV fOR THE PAVMENT OF , THE "INDESTEDNESS SECURED 8Y THE DEED Of TRUST RECORDED . I AUGUST 22, 1912 RECORDER·S FILE NO. 223173 ,." 1 '"." t,). . WHICH ASSIGNMENT WAS 'EXECUTED BY : .. PLAZA CAMINO REAL, A LIMITEO PARTNERHSllt Of THE STATE Of . CAll'ORNIA . IN fAVOR Of: ,'JOHN HANCOCK MUTUAL LIFE INSURANce COMItANY 1014")36-AMO PAGE 8 , .. ; , I \ " . " " ' , , ,'. . .~. ", RE~ORDED LEAse , .. , : AUGUST 22. 1912 RECORDER'S FILE NO. 223115 :. TO F. W. WOOLWORTH COMPANY l~. 'AN AGREEMENT fOR CONSTRUCTION, OPERATION AND RECIPROCAL EASEMENTS . ',", " ' DATEq JULY 2!, 1969. EXECUTED BY AND BETWEEN PLAZA CAMINO REAL. A . CALIfORNIA LIMITED PARTNERSHIP, THE MAY DEPARTMENT STORES COMPANY, A NEW .,. . ~ . YORK CORPORATION, AND J. C. PENNEY COMPANY, INC., A DELAWARE CORPORATION, RECORDED JUlY 28, 1969 AS FILE/PAGE NO. 135913 IN THE OfFICE Of COUNTY RECORDER Of SA~ DIEGO COUNTY. , . ·1 ' . NOTEa AMENDMENT RECORDED SEPTEMBER 21, 1911 UNDER RECORDER'S fILE NO. 220157. I ' SAID MATTER AFFECTS: P~RCELS A AND 8 15. AN EASEMENT AfFECTING THE PORTION Of SAID LAND AND fOR THE ... ", 4 ." PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR Of :' SAN DIEGO GAS & ELECTRIC COMPANY, A CORPORATION FOR : UNDERGROUND fACILITIES fOR TRANSMISSION AND DISTRI8UTION '.",', Of ELECTRICITY RECQROED AfFECTS : AUGUST tl, 1969 RECORDER'S fiLE NO. 145918 : .. PARCEL 1 OF PARCEL MAP 1569 -AFfECTS PARCEL I, AS FOLLOWS: A STRIP OF LAND 6.00 fEeT IN WIDTH, LYING ADJACENT TO, CONTIGUOUS WITH AND ~OUTtjERLY "OF T",~ fOLLOWING DESCRIBED LINE: COMM~NCING 'AT 'THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE NORT~WEST QUARTER OF SAID SECTION 32; THENCE NORTH 0·24'41-weST ALONG THE weSTEffLY LINEOF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUA.TER, A DISTANCE OF ''(95.12 FEET, THENCE LEAVING SAID WESTERLY LINE EAST_ 6S1.1l FEET; 'THENCE NORTH 11·15'51-EAST. 617.92 fEET TO THE TRUE POINT Of 8EGINNU~G OF THE LINE HEREIN DESCRIBED; THENCE FROM SAID TRUE POINT Of 8EGIN~IN~, AND CONTINUING NORTH 110 15-51-EAST, 110.00 fEET. SAID"· DEED REt IrES: '-GRANTOR COVENANTS FOR HI MSELF, HIS SUCCESSORS "AND ASSIGNS, NOT TO PLACE OR MAINTAIN ANY eUllOING OR S~ROCTUREON SAID EASEMENT.- SAl D J~OCUMENT RECITES IN PART AS fOLLOWS: GR.ANtOR, THEIR SUCCESSORS OR ASSIGNS, SHAll NOT INCREASE OR OECREASE, THE'''-GROUNO SURfACe ELEVATIONS WITHIN THE ABOVE DESCRIBEO EASEMENT AND RIGHT Of'WAY EXIStING AT THE OATE Of EXECUTION Of THIS INSTRUMENT, WITHOUT THE' PREViOUS WRITTEN CONSENT Of THE GRANTEE. 16. ' AN EASEMENT AfFECTING THE PORTION Of SAID LAND AND fOR THE PURpOSES STATED HEREIN, AND INCIDENTAL PURPOSES INI£aVOR OF : SAN DIEGO GAS' ELECTRIC COMPANY, A CORPORATION fOR ., : TRANSMI SSt ON AND D ISTR IBUTION OF ELECTRICITY AND 1014336-AMO PAGE 9 ;. l"! ..... 1 , · RECP.DED : UNDERGROUND FACILITIES . l' i k1 · (' ~ · ~,~", ... " · ... , .. ~ ...... AfFECTS : • ,.~~ ... 1 "' '."? ~ ~~<l" t SEPTEMBER 26. 1969 RECORDER'S FILE NO. 111112 PARCEL 1 OF PARCEL MAP 1569 -PARCEL 8 AS FOllOWS; THAT':~~RTAHrf.QRTIOH OF THEMEST HALf Of SECTION 32. to"NS~IP 11 SOUTH~ RANG~.,4 WEST, .SAN BERNARDINO MERIDIAN, BEtNG A STRIP Of LA'ND 6.00 FEET IN WIDTH, LYING ADJACENT TO. CONTIGUOUS WITH AND NORTHERLY Of THE FOLLOWING OESCRI,EO LIN~~, COMMENCING AT 'THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER Of SAID SECTION 32; THENCE NORTH 0-2~'41· WEST ALONG THE WEST~'RLY LINE Of SAID SOUTHWEST QUARTER OF THE NORTHWEST' QUARTER, A I)lST!~NCE Of 195.12 fEET; tHENCE LEAVING SAID WESTERLY LINE EAST 651.32 FEET; THENCE NORTH 11-15'51-EAST, 102.92 FEET TO THE TRUE POINT Of 8EGINNING Of THE LINE HEREIN DESCRIBEO; THENCE fROM SAID TRUE POtNT OF BEGI"NING, AND RETRACING SOUTH 11°1,'51" WEST, 120.00 fEET. 11. AN EASE"ENT AffECTING THE PORTION OF SAID LAND AND fOR THE , PURPO~~.S STATED, HEREIN, AND INCIDENTAL PURPOSES IN fAWqROf : SAN DIEGO GAS & ELECTRIC COMPANY FOR, ' : POLES. WIRES AND ANCHORS RECORDED ::SEPTEMBER 26. 1969 RECORDER'S fILE NO. 111191t AffECTS : PARCEL 1 Of PARCEL MAP 1569 -PARCEL a AS FOLLOWS: A STRIP Of LAND 12 FEET IN WIDTH LYING ADJACENT TO. CONTIGUOUS WITH AND NORTHERLY Of THE fOLLOWING OESCRIBED tl-LINE: COM~~J~ING ,AT 'THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE NORTt.\WEST QY,ARrER OF SECTION 32; THENCE NORTH OG24'ltl" WEST ALONG THE WEST~lI,.Y.llHE Qf SAID ,SOUTHWEST QUARTER OF THE NORTHWEST QUARTER, A DISTANCE Of 195~12 FEET; THENce LEAVING SAID WESTERLY LINE EAST 657.32 -fEET; THENCE NORTH 110 1,'51" EAST. 111.92 FEET TO THE TRUE POINT -OF 8EGINN)NGOFTHE LINE HEREIN DESCRIBED; THENCE fROM SAID TRUE POINT OF 'EGI~NING. AND-RErRAC~NG SOUTH 71°15'51" WEST 6.00 FEEl. I; SAIO:'OEeO R~ITES: -GRANTOR COVENANTS FOR HIMSELF, HIS " SUCCESSORS AND ASSIGNS. NOT TO PLACE OR MAINTAIN ANY 8UILDING OR ~T~utTURE ON SAID EASEMENT.- 18. ':AN;EASEMENT AFfECTING THE PORTION OF SAID LAND AND fOR THE PURPPSES,STATEQ.,teREIN. AND INCIDENTAL PURPOSES IN F~VOR OF :"" SAN DIEGO GAS & ElECTR It COMPANY FOR :.. GAS PI PE LINES RECOROED : SEPTEMBER 26, 1969 RECORDER'S FILE NO. 111202 AFfECTS : PARCEL 1 OF PARCEL MAP 1569 -PARCEL B AS FOLLOWS: • I; , ", aEING A STRIP OF LAND 6.00 fEET IN WIDTH. LYING ADJACENT TO. CONTIGUOUS ~ .. ;·,t WITH ANQ..NQ~TH~~LY Of THE FOLLOWING DESCRIBED LINE: /" :.. -.... ~~. :~'" ,....... . .... / .):, i;'f~~! !'~: COMMENCING.,.4T :r~~ SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE ::'::" NORTHWESlQUARTER Of SAID SECTION 32; THENCE NORTH 00 24'41-WEST ALONG THE 10 14336-AMO PAGE 10 • WESTERLY LINE Of SAID SOUTHWEST QUARTER Of THE NO~THWEST QUARTER. A OISTANCE Of 195.12 fEET; THENCE LEAVING SAID WESTERLY LINE EAST, 657.32 FEET; THENCE NORTH 71°15'51" EAST, 102.92 fEET TO THE TRUE POINT Of 8EGINNING OF THE LINE HEREIN DESCRIBED; THE~CE FROM SAID TRUE POINT OF BEGINNING AND RETRACING SOUTH 17°15'51" WEST. 120.00 FEET. 19. A~ EASEMENT AFfECTI~G THE PCRTION OF SAID LAND ANu fOK THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR Of : SAN DIEGO GAS & ELECTRIC CO~PANY, A CORPORATION FOR : TRANSMISSIO~ AND DISTRIBUTION OF ELECTRICITY RECORDED : OCTOBER 6, 196~ RECORDER'S FILE NO. 183344 AFFECTS : PARCEL 1 Of PARCEL MAP 1569 -PARCEL B AS FOLLOWS: A STRIP OF LAND 10.00 FEET IN WIDTH, BEING 5.00 FEET. HEASURED AT RIGHT ANGLES, ON EACH SIDE OF THE FOLLOWING OESCRIBED CENTER LINE: COMMENCING AT THE SOUTHWEST CORNER OF THE NORTH~EST QUARTER Of SAID SECTION 32; THENCE NORTH 0°24'41" WEST ALONG THE WESTERLY LINE OF SAID SECTION 32, A DISTANCE OF 1~5.12 FEET; THENCE LEAVING SAID WESTERLY LINE EAST 651.32 fEET; THENCE NORTH 71°15'51" EAST 117.92 FEET TO A POINT ON THE ARC Of A NON-TANGENT CURVE, CONCAVE EASTERLY HAVING A RADIUS OF 2563.00 FEET, A RADIAL LINE OF SAID CURVE TO SAID PGINT 8EARS NORTH 160 22'31" EAST; THENCE NORTHWESTERLY AND NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 9°51'4~", A DISTANCE OF 441.14 FEET; T~ENCE NON-TANGENT TO SAID NON-TANGENT CURVE NORTH 86°50'51t1 EAST, 3.00 FEET; THENCE SOUT~ 3°09'03t1 EAST, 34.96 FEET; THENCE SOUTH 5°11'03" EAST, 142.00 FEET; THENCE SOUTH 20°42'51" WEST, 25.50 FEET TO THE TRUE POINT OF BEGINNING Of THE CENTER lINE HEREIN DESCRIBED; THENCE FROM SAID TRUE P~INT OF BEGINNI~G, CONTINUING SOUTH 20°42'51" WEST, 10.00 FEET. 4LSO: BEGINNING AT SAID TRUE POINT OF 8EGINNI~G, THENCE NORTH EAST, 25.50 FEET. 4LSO: BEGINNING 4T SAID TRUE POINT OF BEGIN~ING; THENCE SOUTH EAST, 1.00 FEET. ALSO: BEGINNING AT SAID TRUE POINT OF BEGI~NING; THENCE NORTH WEST, 10.00 FEET. 20. AN EASEMENT AffECTING THE PORTIO~ OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURP1SES IN FAVOR OF : SAN DIEGO GAS & ELECT~IC COMPANY FOR : paLES, WIRES AND ANCH~RS RECORDED : OCTOBER 6, 1969 RECQRDER'S FILE NO. 183360 20°42'51" 80°00'03" 80°00'03" AFFECTS : PARCEL 1 GF PARCEL ~AP 1569 -PARCEL B AS FOLLOWS: A STRIP OF lAND 12.00 FEET IN WIDTH, BEING 6.00 FEET MEASURED AT RIGHT A~GlES ON EACH SIDE OF THE fOLLOwiNG ryESCRI3ED CENTER LINE: CO~MENCI~G AT THE SOUTHWEST COR~ER OF THE NORTHWEST QUARTER OF SAID SECTION 32; THENCE NORTH 0°24'41" WEST ALO~G THE WESTERLY LINE OF SAID l014336-AMD PAGE 11 • , . SECTIoN '2, A DISTANCE Of 195.12 FEET; THENCE LEAVING SAID weSTERLY LINE , ,'f EAST6{1.32 FE'eT; tHENcE NORTH 170 15'51" EAST 177.92 FEET TO A POINT ON " .. ~ '~'; 1:HE A~ .. OF A .N9N-TANGENT CURVE CONCAVE EASTERLY, HAVING A RADIUS OF .• "" '2563.00 FEEt; A. RADIAL LINE Of SAID CURVE TO SAID 'OINT BEARS NORTH , .":/.i-'6.~.2,j:\." EAST;~,','" JHENCE NORTHWESTERLY AND NORTHERLY ALONG THE ARC OF SAID "~' .. ' CURy£.:tHROUGH A CENTRAL ANGLE OF 90 51'42". A DISTANCE OF '41.14 FEET; ~ .. ~,:ll.:; THEIiH.:i: ·""N-T'~NGENT. TO SAID NON-TANGENT CURVE NORTH 860 50'51" EAST. 3.00 ~··l FEET; THENCE SOqTH 3·09'03" EAST, 34.96 FEET; THENCE SOUTH 5·11' 03" EAST. -.,;"' .. ,..-142.00 FEET.;' TH£NCE SOUTH 20°42'57" WEST, 25.50 FEET; THENCE SOUTH ,II' ,,' 80.00'03-:EA'ST 7~'OO FEET TO THE TRUE POINT OF BEGINNING OF THE CENTER ~q, . > LINE' HEREIN" .DESCRIBEO; THENCE fROM SAID TRUE POINT Of BEGINNING. "', -' #;Q~Tt,N.~ING SOOTH 80·00' 03" EAST, 10. 00 FEET. '>T: ,'!' ii~'~·:~~ ~ASE'ME~T AFFECTING THE PORTION OF SAID LAND AND fOR THE , l ~ "PUR~;OSES STATED HEREIN. AND INCIDENTAL PURPOSES "IN fAVOR OF : PLAIA CAMINO REAL, A LIMITED PARTNERSHIP ORGANIZED AND EXISTING UNDER THE LAWS Of THE STATE OF CALIFORNIA THE .... eJ GENERAL PARTNER OF WHICH IS THE MAY STORES SHOPPING CENTERS, INC. , •.. , FOR' :-MAINTENANCE OF THE fOOTINGS OF A BUILDING LOCATED ON LAND ADJOINING THE LAND HEREIN DESCRI8ED , ' . .- ~' R~ORDeO ~ AFfECTS ' , p . . • OCTOBER 21. 1969 RECORDER'S fILE NO. 191~80 PARCEL 1 Of PARCEL "AP 1569 -PARCEL B DESCRIBED AS FOLLOWS: , aEG1NtUNG AT A POINT ON THE WESTERLY LINE OF LAND OESCRIBED IN EASEMENT TO ;; THE~ITy"Qf>"CARlSBAD FOR PUBLIC HIGHWAY PURPOSES, RECORQED '-r'-'.: MARC;'3 'It.' 1"1'66' AS QOCUMENT NO~ 42245, OFfICIAL RECORDS; SAID POINT LYING 'l!' .;: .. 4"1.14'F£ET'·SOUTKERLY ALONG THE ARC OF A CURVE, TKf RAOIAl CENTER OF WHICH ..... '~BEARS):'tORTH'6··22·31".EAST 2563.00 FEET f~OM SAID POINT; THENCE SOUTH : • l't' :rl-'5·~t· WEST·164.65 FEET; THENCE NORTH 12°44' 09-WEST 5.50 FEET to THE ~ ·",!"~'nwe',;dINT··OF ·=tEGINNING Of THE HEREIN DESCRIBED ENCROACHMENT; THENCE , .• ~ .-NORTH "120 41t"'Oejw--WEST 66.80 fEET; THENCE NORTH 170 15'51" EAST 0.45 FEET; "-: ,. : THENCE. SOUTH 12~1t1t'09" EAST 66.80 fEET; THENCE SOUTH 77-15'51-WEST 0.45 ~" ... ~ FeET'ro-mE" 'TRUE POINT Of 8EGINNING • • • t;-','" •••.. J •. ~~; ~~ f"' ~-..,. '.; ~.. 22. ··l'N"'EAS:EMENT AfFECTING THE PORTION OF SAID LAND AND FOR .. , PURPOSES' STATEn HEREIN, AND INCIDENTAL PURPOSES THE , . .., '''; IN FAVOR OF . :.. PLAZA CAMINO REAL, A LIMITED PARTNERSHIP fOR' : EASEMENTS AND RIGHTS OF WAY tteCORDED : OCTOBER 21, 1969 RECORDE~'S FILE NO. 193480 AFfECTS' : ALL OF PARCEL B HEREIN DESCRIBED ~, -, '., Zl.~·COVENANTS~ CONDITIONS AND RESTRICTIONS IN THE DEED EXE~UTED BY : PLAZA CAMINO REAL LTD RECORDED : OCTOBER 21, 1969 RECORDE~'S fiLE NO. 193480 " . ,. ,'RESTRICTIONS, If ANY, BASED ON RACE, COLOR, RELIGION OR NATIONAL .~ ORIGIN ARE DELETED. 2.. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE 1014336-AMD PAGE 12 I " ',' PUItPOSES STATED , Ifr~F~VOR Of : "W FOR .. -. , 1 "-REC~ROEO I AFFECTS : HEREIN, AND INCIDENTAL PURPOSES THE CITY Of CARLSBAD, A MUNICIPAL CORPORATION WATER LINE SEPTEMBER 15, 1911 RECORDER'S fILE NO. 208858 PARCEL 1 Of PARCEL MAP 1569 -PARCEL 8 AS FOLLOWS: • -, THA~-~QRTIO~ OF SECTION 32. TOWNSHIP 11 SOUTH, RANGE 4 WEST. SAN -.. 8eRjN~AROINO' MERIDI AN. OESCRI BED IN THAT DEED TO THE PARKING AUTHORITY OF !. . TME -CrTY' OF CARLS8AD FROM PLAZA CAMINO REAL DATED OCTOBER 21, 1969 AND •• ; '" .. RECOROEOQCTOBER 21. '1969 UNDER RECORDER'S FILE NO. 193480 IN THE OFFICE ·i .,~. Qf COUNTY RECORDER OF SAN DIEGO COUNTY, THAT IS CONTAINED WITHIN A STRIP I ., OF LAND lS-FEET IN WIDTH, BEING 1.5 fEET IN WIDTH ON EACH SIDE OF THE .~ FQL~OWING OESCRIBED CENTER LINE: SEGINNING AT THE INTERSECTION OF THE CENTER LINES OF EL CAMINO REAL AND MARRON ROAD AS SHOWN ON PARCEL MAP NO. lS4 FILED IN THE OFFICE OF COUNTY RECORDER Of SAN DIEGO COUNTY. THENcE FROM SAID POINT OF BEGINNING SOUTH 63°18'50" WEST A DISTANCE OF 111.00 FEET TO THE TRUE POINT OF BEGINNING • . ' --THENCE SOUTH 69°09'45" WEST, A DISTANCE OF 161.03 FEET; 1 .~ 'I • ~.~ t ' , ' .. , .. THENCE SOUTH 12°15'35" WEST. A DISTANCE Of 632.12 FEET; ;1"".1 ,~. . '! THEMCEfSOUTH 0.01 1 55" WEST, A DISTANCE OF 415.10 FEET ALONG A LINE THAT-IS ... PARALLEL"WITH AND 1.5 fEET EASTERLY Of THE EASTERLY LINE Of LOt 12 OF HOSP -: EUCAlYPTOSfOREST COMPANY'S TRACT NO. I, ACCO~DING TO MAP THEREOF NO. 1136 ,-~. FILED IN'TH,E OFFICE OF COUNTY RECORDER Of SAN DIEGO COUNTY. . .... . 'r ,··sAio· INSTRUMENT ALSO GRANTS THE RIGHT TO EXTEND AND MAINTAIN DRAiNAGE'STRUCTURES AND eXCAVATION AND EMBANKMENT SLOPES BEYOND THE LIMITS OF SAID RIGHT Of WAY WHERE REQUIRED fOR CONSTRUCTION -A~ri ~AINTENANCE. -, -25. 1AN EASEMENT AFFEtTING THE peRT ION Of SAID LAND AND FOR THE PUR~oses StATED HEREIN. AND INCIDENTAL PURPOSES .. -IN FAVOR Of : THE CITY Of CARLSBAD, A MUNICIPAL CORPORATION --' fOR : WATER LINES ·-lteCOROeo : SEPTEMBER 15, 1911, RECORDER'S fILE NO. 20S858 ~ -.--. AffECTS : WITHIN A STRIP Of LAND 15 FEET IN WIDTH, BEING 1.5 FEET " IN WIDTH ON EACH SIDE Of THE FOLLOWING DESCRIBED CENTER LINE: . . ~ , ,,-' 8EGINNING AT THE INTERSECTION OF THE CENTER LINES OF EL CAMINO REAl ANO .. MARRON ROAD AS SHOWN ON PARCEL MAP NO. 18ft FILED IN THE OffICE OF COUNTY •.. -RECORDER' OF SAN OtEGO COUNTY • . :.-' .:!,! ", "," THENCE FROM SAID POINT OF BEGINNING SOUTH 630 1S'50" WEST A DISTANCE Of ~~. 111.00 FEET TO THE TRUE POINT OF BEGINNING. J I •.. 1 tr' ! . 1014136-AMD PAGE 13 . , ,-.. .. '. f 1 •• , , t ",'" . , ':t . T~E'CE SOUTH 69°09'45" WEST, A DISTANCE OF 161.03 fEET; THE~C.E S~UTH 12°15'35" weST, A DISTANCE OF 632.12 FEET; THE'NCE SOUTH 0·01'55" WEST, A DISTANCE OF 415.10 fEET ALONG A LINE THAT' IS PAR'ALlEl WITH AND 1.5 fEET EASTERLY OF THE EASTERLY LINE OF lOT 12 OF HOSP n EUCALYPTUS FOREST COMPANY'S TRACT NO. I. ACCORDING TO MAP THEREOF' NO. 1136 FllEO IN THE OFfICE OF COUNTY RECORDER OF SAN DIEGO COUNTY • .... .-~ ~ ~ . , f X's~ib INSTRUMENT ALSO GRANTS THE RIGHT TO EXTEND AND MAINTAIN ," DRAiNAGE STRUCTURES AND EXCAVATION AND EMBANKMENT SLOPES 8EYONO ~n TME LIMITS ,OF SAID RIGHT OF WAY WHERE REQUIRED fOR CONSTRUCTION -f· ~~. AND MAINTENANCE. ~ ..... i 26. A DEED HEREI'" DATED' , .,..aUNT' TRUSTOR TRUSTEE' Of TRUST TO SECURE AN INOEBTEDNESS OF THE AMOUNT STATED : • • : AUGUST 22, 1912 $6,000,000.00 P~AZA CAMINO REAL, A CALIFORNIA LIMITEO PARTNERSHIP TITLE INSURANCE AND TRUST COMPANY, A CALIFORNIA CORPORATION ,~. ..,' 8ENEF I'CI ARY : JOHN HANCOCK MUTUAL LIFE INSURANCE COMPANY, A MASSACHUSETTS CORPORATION --,t. • .,.' REC~DED AUGUST 22, 1912 RECORDER'S FILE NO. 223113 I to 'I. :" SAID'· MATTER' AFFECTS THIS AND OTHER PROPERTY. .. .. I~; '21. ''VARIOUS' UNRECOROED LEASES FOR THE TERMS AND UPON THE TERMS, COVENANTS . :' AND C:ONDITIONS THEREIN PROVIDED EXECUTED BY PLAZA CAMINO REAL, A ", :,;r.' CALIFORNIA Lt"MITED PARTNERSHIP AS LANDLORD AND NUMBEROUS TENANTS AS LISTED • ft' ': :"IN A~D'OISCLOSED BY A DOCUMENT ENTITLED "ASSIGNMENT Of LESSOR'S INTEREST "f ,:~ .. IN LEASES" WHICH WAS RECORDED AUGUST 22, 1912 UNDER RECORDER'S fiLE HO. ,.... ,·;'223114 • . .. SAID MATTER AFFECTS THIS AND OTHER PROPERTY. ; , ,y..~ . ;. ,A~ ASSIGti.~ENT OF THE LE SSOR' S I NTERE ST IN THE LEASES REFERRED TO ABOVE :!GIVEN AS ADDITIONAL SECURITY fOR THE PAYMENT Of THE INDEBTEDNESS SecURED '! ,,'8Y THE'OEED OF TRUST RECORDEO AUGUST 22, 1912 UNDER RECORDER'S FILE NO. -' 223113, 'WHICH ASSIGNMENT WAS EXECUTED BY: PL4lA CAMINO REAL, 'A CALIFORNIA •• ~"LI"ITEDPARTNERSHIP; TO: JOHN HANCOCK MUTUAL LIFE INSURANCE 'COMPANY, A , "'4' t' MASSACHUSETTS CORPORATION; RECORDEO AUGUST 22, 1912 UNDER RECORDER'S fILE ,.,; 'r" ·Ng. 223114.' . :; SAID MATTER AFFECTS THIS AND OTHER PROPERTY. j, .;' 28. AN UNRECORoeD LEASE, AFFECTING THE PREMISES HEREIN STATED, .;, ExeCt)TED BY AND BETweEN THE PARTIES NAMEO HEREIN FOR THe TERM .~ AND UPON THE TERMS, COVENANTS AND CONDITIONS THEREIN PROVIDED. .. OATEO .... I: OCT08ER 11, 1914 '., LESSOR' : PLAZA CAMI NO REAL ., 1014336-A"0 PAGE 14 ,r .. , I LEsseE : .... MARRIOTT CORPORATION, A DELAWARE CORPORATION. HAVING AN OfFICE AT C/O BIG BOY RESTAURANTS OF AMERICA . 01 SCLOSED BY : R~ORDED ... AFFECTS • • : ~GREEMENT DECEM8ER 31. 1914 RECORDER'S FILE NO. 1~-331882 PORTION OF SAID LAND " 1 AN/ASSIGNMENT OF THE LESSOR'S INTEREST IN THE LEASE HEREIN RE~~RRED TO~ GiVEN AS ADDITIONAL SECURITY FOR THE PAYMENT OF THE' INDEBTEDNESS SECURED BY THE DEED OF TRUST RECORDED : AUGUST 22, 1972 RECORDER'S FILE NO. 223113 ;.. 'r' " ... 1 CM ASSIGNMENT WAS EXECUTED BY : PLAZA CAMINO REAL t· •• IN FAVOR OF': JOHN HANCOCK MUTUAL LIFE INSURANCE COMPANY ... , .. , RECORDED : DECEMBER 31. 1914 RECORDER'S FILE NO. 1~~331882 LEAse : TO BIG BOY RESTAURANTS ! . .: zcJ. :ANY CLAIMS OF LIEN THAT MAY BE FILED AGAINST SAID LAND BY '~ REASd~ OF IMPROVEMENT THEREON. . :., :. OISCLO'SED BY: NOTICE OF NON-RESPONSIBILITY . ;,"RECORDED : JUNE 1, 1911 RECORDER'S FILE NO. 71-222523 . . , .. ! " . ;. 30. ~A~ EASE~ENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOS'ESSTATED HEREIN, AND INCIDENTAL PURPOSES iN FAVOR OF : SAN DIEGO GAS & ELECTRIC COMPANY, A CORPORATION I " FOR : CONSTRUCTION AND MAINTENANCE OF UNDERGROUND UTILITIES TO .", ! ~ -RECORDED .. :. AFFECTS , .' •.• I-. '. .... . .,..~. , ... -' • • • · SERVE PARCEL 2 AS SHeWN ON PARCEL MAP NO. 1569 FtLED MAY 30, 1913 JUNE 15, 1911 RECORDER'S FILE NO. 11-235890 THAT PORTION OF PARCEL 1 AS SHOWN ON PARCEL MAP NO. 1569 FILED MAY 30, 1913, RECORDER'S FILE NO. 13-146308 IN THE OFfICE Of COUNTY RECORDER Of SAN DIEGO COUNTY, BEING A PORTION OF THE NORTHWEST QUARTER OF SECTION 32, TOWNSHI' 11 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, DESCRI8ED AS fOLLOWS: .:' .,. 8EG INNING AT THE NORTHWEST CORNER Of PARCEL 2 Of SA I D PARCEL MAP NO. 1569 • . " T~eNCE ALON'~ THE NORTHERLY PROLONGATION OF THE WESTERLY LINE THEREOF , ,., NORTH 03°45'41" WEST 85.31 fEET TO A POI NT ON THE ARC Of A NON-TANGENT • ,.,' 150.9·0"FOOT ftADIUS CURVE, CONCAVE SOUTHWESTERLY A RADIAL LINE OF SAID .. • . CURVe THROUGli SAID POINT BEARS NORTH 150 45'01" EAST, THENCE SOUTHEASTERLY·! ...... : AlON~"HE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 12°40'20", 'A '. , • DIstANCE OF' 33.53 fEET, THENCE NON-TANGENT SOUTH 560 32'58" EAST lOO.3~ . ,. ":'FeeT~THENCE SOUTH 03°45'41" EAST 10.00 fEET TO THE NORTHEAST CORNER OF' SAIOP.ReEL 2, THENCE ALONG THE NORTHERLY LINE Of SAID PARCEL 2. SOUTH' ::~.~:~. 86°1~'13".WEST, 110.00 fEET TO SAID POINT OF BEGINNING. .1,~i;. .... THE fOLLOWING MATTERS AfFECTING PARCEL C: '1. GENERAL AND SPECIAL COUNTY AND CITY TAXES . REPORT', Tq FOLLOW. 1014336-A"D PAGE 15 ' . t 1 \ h~ " • • '. ,.. .. 2. AN EASEfo!ENT AFFECTING THE PCRTICN OF 5AID LA~C A~C FCR THE PURPOSES STATED HEREIN, ANC INCICE~TAL PURPCSES IN fAVOR Of · VISTA SA~11ATICN DISTRICT AND THE CITY OF CARLSBAD, AS · TENANTS I~ COM~C~ fOR : SEWEP PIPE LINE RECORDED : (CTCBER 9, 1964 RECCRDERes FILE NO. 184fjl1 AFfECTS · ~S fOLLCWS: · ALL 1HAT PORTION OF 1HE NORTHWEST QUARTER OF SECTIO~ 32, TOWNSHIP 11 SOUTH, RANGE 4 WEST, SAN BER~ARDI~C ~ERICIAN, IN THE COU~TV (F SAN DIEGO, STATE Of CALIFORNIA ACCCROI~G TC U~ITEO STATES GOVERN~ENT SUR\EV APPROVED APRIL 5, 1881, LYING WITPIN A STPIP CF L~~D 15.00 FEET I~ WIDTH, lVING 1.50 fEET ON EACH SIDE OF A CENTER LINE DESCRIBED AS fOLLOWS: BEGINNING AT A POINT ON THE CENTER tINE CF ROAD SUR~EV 925 OF EL CAMINO REAL, ACCORCI~G TO ~AP THEREOf ON fILE I~ THE OfFICE OF COU~lV SURVEYOR OF SAN DIEGO COUNTY, DISTANT THEREC~ SCUTH 3°46'00" EAST 241.50 FEET fRO'" THE IN1ERSECTIO~ Of SAID CE~lER LINE WIT~ THE CENTER LINE OF THE COUNTY HIGHWAY CO~~ISSIO~ RElOCATIO~ CF RCUTE 14, DIVISION 1. ACCORDI~G TO MAP THEREOF ON FILE IN THE OFFICE Of COUNTY SlRVEVOR OF SAN CIEGO COU~TY; THENCE SCUTP 81°42'36" WEST 15e.ll fEEl; THENCE SOUTH 14°41'19" WEST 641.83 FEET 1( A POI~l I~ THE ~EST L(~E OF SAID SECTIO~ 32. EXCEPTING T~EREFRCM THAl PORTION LYING WITHIN RCAD SlRVEY 925. THE SIDE LINES OF SAID 15.0C fOCl STRIP OF LAND TC BE lE~GTHE~EO OR SHORTENEO SO AS TC TE~MINATE I~ T~E WESTERLY LINE OF SAID ROAC SURVEY ~25 A~D THE WEST LINE (F SAle SECTIC~ 32. ~EfERENCE IS ~ADE TO SAID DCCl~E~T FOR FULL PARTICULARS. 3. AN EASEMENT PURPCSES STAlED IN FAVOR OF : fOR : RECORDED : AfFECTS : AFFECTING T~E PCRlIC~ (F SAID LANe AND fO~ THE HEREIN, A~C I~CICENTAL PURPOSES VIST~ SANITATION DISTRICT A~D THE CITY CF CARLSBAD SEftER PIPE LINE OCTCBEP 9, 1964 RECORDER'S FILE NO. 184fj18 NORTH 15 fEET CF L(TS 3~, 40, 41 AND 42 OF Hasp EUCALYPTUS FOREST TR~CT NC. 1. 4. CCVENANTS, EASE~ENTS AND TEMPCPARY LICE~SES. AS CO~l'INEC IN AN tNST~UMENT ENTITLEC "CONSTRLCTION, CPERATICN AND RECIPRCCAL EASE~ENT AGREE~ENTft, REC(RDED APRIL 21, 1fj66 U~DER REC(RDER'S FILE NO. 66~15. 'EFERENCE IS ~ADE 10 SAID OCCl~E~T FOR FllL PARTICULA~S. 5. COVENANTS ANC EASEMENTS AS CC~TAINEC IN AN AGREEMENT RECORDED APRIL 21, 1966 UNCER RECCRDEP'S FILE NC. 6t916. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 1014336-AMO 16 • . :~EfERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. '"", 6~" EASEMENTS TOGETHER WITH THE POWE~ TO GRANT LICENSES FOR THE USE OF SllD'EASEMENTS, AS GRANTED TO THE MAY DEPARTfi4ENT STORES COMPANY, A NEW ·'1 YORK ,CORPORATION, BY DEED RECORDED APRIL 21, 1966 UNDER RECORDER'S FILE' ,.; NO. 6691~. 1.' AN 'EASEMENT AFFECTING SAID LAND FOR THE PURPOSES STATED ~EREtN '~ lNtiN1NCIDENtAL PURPOSES IN FAVOR OF : SAN DIEGO GAS & ELECTRIC COMPANY ., . fOR I ' .' : GAS PIPE LINES ..... , RECORDED' : OCTOBER 4, 1968, RECORDER'S FILE NO. 113589 , :.; , . - • t-; , , ' .. 'SAIO DEED DOES NOT CONTAIN THE LOCATION OF SAID EASEMENT • REFERENCE IS MADE TO SAID DOCUMENT fOR FULL PARTICULARS. 8~ A"' EASEMENT AFFECTING SAID LAND FOR THE PURPOSES STATED HEREIN , ANDIHCIDENTAl PURPOSES ., IN FAVOR OF : SAN DIEGO GAS & ELECTRlC COMPANY ~OR : GAS PIPE LINES RECORDED : OCTOBER 4, 1968, RECORDER'S FILE NO. 113590 SAID ~EED DOES NOT CONTAIN THE LOCATION OF SAID EASEMENT. ' •• ~\ I REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. . ' '9. AN AGREEMENT -~. PARf1CULARS .. ' OAT"ED ' : TO WHICH REFERENCE IS HEREBY MADE FOR FULL • ,-BY AHD BETWEEN : SEPTEMBER 19, 1968 PLAZA CAMINO REAL, A LIMITED PARTNERSHIP VS. GA,S & ELECTRIC COMPANY, A CORPORATION ELECTRIC EASEMENT SAN DIEGO "', ' REG.RDING -", RECORDED . • : OCTOBER 4, 1968, RECORCER'S FILE NO. 113591 . , , \ 1 10. AN EASEMENT AFFECTING SAID LAND fOR THE PURPOSES STATED HEREIN , ; AND" INCIDENTAL PURPOSES -IN FAVOR OF : SAN DIEGO GAS & ELECTRIC COMPANY, A CORPORATION, ITS , ,;' FOR • • SUCCESSORS AND ASSIGNS TRANSMISSION AND DISTRIBUTION OF ELECTRICITY AND FOR ALL" PURPOSES CONNECTED THEREWITH, UNDERGROUND FACILITIES CONSISTING Of CONDUITS, MANHOLES, HANDHOLES AND JUNCTION BOXES WITH WIRES AND CABLES PLACED THEREIN AND ABOVEGROUND STRUCTURES CONSISTING OF TRANSFORMER PADS. .. , RECORDED • · TRANSFORMERS AND APPURTENANCES NECeSSARY ptT08ER 4, 1968, RECORDER'S FILE NO. 113595 SAIO., DEED DOES NOT CONTAIN THE LOCAT ION OF SA ID EASEMENT. 'II. A"lEASE, AFFECTING THE PREMISES HEREIN STATED, EXECUTED BY AND t0143'36~AMD PAGE 11 "," . ...... 'f .,., .. • • BeTweEN THE PARTIES NAMED HEREIN, fOR THE TERM AND UPON THE . TERMS~"COVENANTS AND CONDITIONS THEREIN PROVIDED • .. . OATED -, : JANUARY 12, 1968 ;(eSSOR' : PLAZA CAMINO REAL, A CALIFORNIA LIMITED PARTNERSHIP .. LESSEE : f. W. WOOLWORTH co., A CORPORATION ORGANIZED AND EXISTING UNDER THE LAWS Of THE STATE OF NEW YORK " DECEMBER 26, 1968, RECORDER'S FILE NO. 226~63 ; RECORDED " \ '. ,. ' . • • .. ,' .. THE PRESENT OWNERSHIP OF SAID LEASEHOLD AND OTHER MATTERS .. -AFFECTING THE INTEREST OF THE LESSEE ARE NOT SHOWN HEREIN • ... . t AN ASSIGNMENT OF THE LESSOR'S INTEREST IN THE LEASE HEREIN ,,' REFERRED TO, GIVEN AS ADDITIONAL SECURITY FOR THE PAYMENT OF .. THE INOEBTEDNESS SECURED 8'1 THE DEED OF TRUST .. : 'RECORDED : AUGUST 22, 1912, RECORDER'S FILE NO. 223113 WH'ICH ASS IGNMENT WAS 'EXECUTED 8'1": PLAZA CAMINO REAL, A LIMITED PARTNERSHIP OF -IN FAVOR OF RECORDED 'LEASE • · • • • • CALIFORNIA JOHN HANCOCK MUTUAL LIFE INSURANCE COMPANY AUGUST 22, 1912, RECORDER'S FILE NO. 223115 TO f. W. WOOLWORTH COMPANY THE STATE OF -.... '12~' AN AGREEMENT FOR CONSTRUCTION, OPERATION AND RECIPROCAL EASEMENTS " OATEb jUlY 28, 1969 EXECUTED BY AND BETWEEN PLAZA CAMINO REAL, A '.. . ... CALIfORNIa-LIMITED pARTNERSHIP, THE MAY DEPARTMENT STORES COMPANY, ~ .. NEW' ~., 'YORK CORPORATION,: AND J.C. PENNEY COMPANY, INC., A DELAWARE CORPORATION, ~~ RECORDED JULY 28. 1969 AS FILE/PAGE NO. 135913, IN THE OFFICE OF tOUNTY .~ RECORDER OF SAN DIEGO COUNTY • . ~. , ~ .. I. *"! ". , ... '. NOTE: AMENDMENT RECORDED SEPTEMBER 21, 1911 UNDER RECORDER'S fILE NO. , , ' 22015:1. SAID~ATTER AFFECTS: PORTION PARCEL C 13. "COVENANTS, CONDITIONS AND RESTRICTIONS IN THE DEED EXEC~TED BY: PLAZA CAMINO REAL LTD. RECORDED : OCTOBER 21, 1969, RECORDER'S FILE NO. 193~80 RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION OR NATIONAL - ORI~~N ARE DELETED. SAID MATTER AFFECTS: PORTION PARCEL C l~~' AN AGREEMENT TO WHICH REfERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED' • . 8'1 AND 'BETWEEN : 101~116-AMD JANUARY 15, 1970 fAWCO, A CO-PARTNERSHIP, BERNARD CITRON AND HARRY J. l. fRANK, JR., AND CENTRAL FEDERAL SAVINGS AND LOAN ASSOCIATION PAGE 18 REGARDING RECORDED • • • • WAll ON ADJACENT PROPERTY fEBRUARY 2, 1910, RECORDER'S FilE NO. 18927 15. AN AGREEMENT TO VHICH REFERENCE IS HEREBY MADE fOR FUll '. PAR 1 i'CUlARS .. " DATED : SEPTEMBER 23, 1970 " 'SIANO BETWEEN ': .. ,,' REGARDING RECORDED , • • • · " AN EASEMENT 16. PURPOSES STATED FAVCO, A CO-PARTNERSHIP, BERNARD CITRON AND HARRY FRANK, JR., AND UNITED STATES NATIONAL BANK, A NATIONAL BANKING ASSOCIATION WALL ON ADJACENT PROPERTY NOVEMBER 4, 1910, RECORDER'S FILE NO. 202145 AFfECTING THE PORTION OF SAID LAND AND FOR THE HEREIN, AND INCIOENTAL PURPOSES J. L. , , IN "FAVOROf I THE ~ITY OF CARLSBAD, A MUNICIPAL CORPORATION WATER lINES FOR • • ~ . RECORDED • • SEPTEMBER 15, 1911, RECCRDER'S FILE NO. 208858 -.. AFFECTS • • WITHIN A STRIP OF LAND 15 FEET IN WIDTH, 8EING T.S FEET IN VIDTH ON EACH SIDE Of THE FOLLOWING DESCRI8ED"CENTER' LINE: • I BEGINhlNG AT'THE INTERSECTION OF THE CENTER LINES Of El CAMINO REAL AND HARRON ROAD AS SHOWN ON PARCEL MAP 184 FILED IN THE OFfiCE OF COUNTY .... -:·RECORp;~R OF SAN DIEGO COUNTY. THENCE FROM SAID POINT OF BEGINNING SOUTH 63°18'50" VEST A arSTANce OF! -: ',-111.00 fEET TO THE TRUE POINT OF BEGINNING; , . c, . t:. :'THENCE SOUTH 69°09'45" VEST, A DISTANCE OF 761.03 FEET; f : . . !-THENCE' SOUTH 12°15'35" WEST, A DISTANCE OF 632.12 FEET; ~. . . . ~ , "0. " . ... -, ..... :.'" ~.~ . ,.' THENce"·SOUTH 0·07' 55" WEST, A 0 I STANCE OF 415.10 FE ET ALONG ALINE THAT IS"" . ':~, 'PARALlE( .... ~ VI TH AND 7.5 FEET EASTERLY OF THE EASTERLY LINE OF LOT 12 OF HOSP ·~,eUCALYPTUS FOREST COMPANY'S TRACT NO.1, ACCORDING TO HAP THEReOF'No.-l136 ... . :' F,ILED 'IN THE OfFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY. :SAID'iNSTRUMENT ALSO GRANTS THE RIGHT TO EXTEND ANO MAINTAIN '··ORAINA~E STRUCTURES AND EXCAVATION A~D EMBANKMENT SLOPES BEYOND tHE LIMITS OF SAID RIGHT OF WAY WHERE REQUIRED FOR CONSTRUCTION .' ~~t;) "~lNTENANCE • . 17. A DEED .. : HEREtN Of TRUST TO SECURE AN INDEBTEDNESS Of THE AMOUNT STATED '., . DATED .. ~. AMOUNT' : .. ' TRUStOR .:' TRUSTEE • • • • • • • · .... .' 8ENEFICI ARY : 1014336-AMD AUGUST 22, 1972 $6,000,000.00 PLAZA CAMINO REAL, A CALIFORNIA LIMITED PARTNERSHIP TITLE INSURANCE AND TRUST COMPANY, A CALIfORNIA CORPORATION JOHN HANCOCK MUTUAL LIFE INSURANCE COMPANY, A MASSACHUSETTS CORPORATION PAGE 19 RECORDED -. • • AUGUST 22, 1972, RECORDER'S FILE NO. 223173 -, ,~' SAID ~ATTER AFFECTS: t.,. "~RTION SAID LAND WITH OTHER PROPERTY -of .... 18~'" VARIOUS' UNRECOROED LEASES FOR THE TERMS AND UPON THE TEAMS, COVENANTS:-" ',.:' AND -CONDITIONS THEREIN PROVIDED EXECUTED BY PLAZA CAMINO REAL. A " .. ' CALIFORNIA L'r'fUTED PARTNERSHIP AS LANDLORD AND NUMEROUS TENANTS AS LISTED .. "." \," IN AN'b DISCU)SED BV A DOCUMENT ENTITLEO "ASSIGNMENT OF LESSOR'S INTEREST' • /. ,f IN LEASES" WHICH WAS RECORDED AUGUST 22, 1912 UNDER RECORDER'S FILE-NO. ' ,...' 223114:. SAID MATTER AFFECTS THIS AND OTHER PROPERTY. ~ AN AS'S'IGNMENT OF THE lESSOR'S INTEREST IN THE LEASES REFERRED TO A80YE ... -Gly'EN' ,AS ADDITIONAL SECURI TV fOR THE PAYMENT Of THE INDEBTEDNESS SECURED -,. '. BYTME DEED OF TRUST RECORDED AUGUST 22, 1912 UNDER RECORDER'S FILE NO. '! 'r 223173~ WHICH ASSIGNMENT WAS EXECUTED BY: PLAZA CAMINO REAL,. ito _,: CALIFORNIA LI'MI TEO PARTNERSHIP; TO: JOHN HANCOCK MUTUAL liFE INSURANCE ' -, t .". -ltOMPANY, A MASSACHUSETTS CORPORATtON, RECORDED: AUGUST 22, 1912 UNDER' .- ,-" --. ',RECORDER'S FILE NO. 223114. , .. . -.. ::: SAID MATTER AFfECTS THIS AND OTHER PROPERTY. of' • ' .. .---- , ." -. , ~ .. 19. 'AN AGREEMENT PARTICULARS DATED' • · 8Y AND BETWEEN • • REGARD1NG • • RECOROEO · · TO WHICH REFERENCE IS HEREBY MADE fOR FULL OCTOBER 18, 1973 KAMAR CONSTRUCTION COMPANY AND VISTA SANITAflON DISTRICT VISTA SANITATION DISTRICT ENCROACHMENT PERMIT NOVEMBER 12, 1973, RECORDER'S FILE NO. 13-315515 .--20. AN EASEMENT AFFECTING THE PORTION Of SAID LAND ANO FOR THE .. -: PURPOSES' STATED HEREIN, AND INCIDENTAL PURPOSES .,. _.-;-IN FAVOR OF : THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION ,', ~-" FOR : PUBLIC SEWER PURPOSES , .( .. --" RECORDED : OECEMBER 13, 1973 RECORDER'S FILE NO. 13-344771 ,.-" ... !-AFFECTS : A 12.00 FOOT EASEMENT FOR SEWER PURPoses; THE CENTER •. ." "-LINE OF SAID EASEMENT DESCRIBED AS FOLLOWS: ' ' , .. .' r"" . t 'A POiTION' OF HOSP EUCALYPTUS fOREST COMPANY'S TRACT NO. I, ACCORDING TO MAP 'THEREOf NO. 1136 FILED IN THE OFFICE OF COUNTY RECORDER/OF SA~ DIEGO COUN_~Y" STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: , 'jt: '8EGINNING AT 'THE MOST SOUTHEASTERLY CORNER Of SAID HaSP EUcALYPTUS FOREST ,. t.": COMPA"NY'S TRACT NO.1; THENCE NORTH 1-03'10" EAST (RECORD NORTtU, IALONG THE' WEST LINE AND ITS EXTENSION, OF SAID TRACT, 2784.31 FEET; THENCE AT RIGHTANGLES NORTH 88-56'50" WEST, 1153.95 fEET, TO THE TRUE POINT OF ' ,I, I aEG1NNl'NG; THENCE 'NORTH 70· 17 '45" EAST. 293.95 FEET; THENCE NORTH ' ,.--.'! ' 61.0~·~0· EAST, 191.09 FEET; THENCE NORTH 0·06'50· EAST, ALONG A LINE THAT ... -," I S PARALLEL WITH AND 6 FEET EASTERLY OF THE MOST WESTERLY LINE OF 'THAT' " '1014336-A"D PAGE 20 , ~- ", · , LANDJESCRIBED IN DEED TO THE MAY DEPARTMENT STORES COMPANY, RECORDeD APRIL' 21, 1966, AS FILE NO. 66913 OF OFFICIAL RECORDS, 100.00 FEET; THENtE"NORTH6°29 1 2S-WEST, 291 FEET MORE OR LESS, TO THE INTERSECTION OF ,. THESOUTHERLV LINE OF AN EXISTING 15 FOOT SEWER EASEMENT. NOTHING HEREIN ~ .. " CONTAINED SHALL AFFECT GRANTOR'S RIGHT NOR THAT OF ITS SUCCESSORS OR' -' A*S~~NS TO GRANT EASEMENTS TO OTHERS OVER, O~ TO USE THE SURFACE OF SAID ,. AREA FOR PEDESTRIAN/VEHICULAR INGRESS. EGRESS, PASSAGE, 'ARKING, A"ND' THE -INStALLATION AND MAINTENANCE OF SURFACE, PARKING AREAS, ROADS, CUR8S, 'SIDEWALKS, LANDSCAPED AREAS, GUTTERS, AND RELATED PARKING LOT APPVRTENANCES. 21. AN UNRECORDED LEASE, AFFECTING THE PREMISES HEREIN STAfeo, EXECUTED BY AND BETWEEN THE PARTIES NA~EO HEREIN FOR THE TERM TERMS, COVENANTS AND CONDITIONS THEREIN PROVIDED. : OCTOBER 11, 1974 : PLAZA CAMINO REAL • 'j. ~NI) UPON THE DATED' LESSOR LESSEE : MARRIOTT CORPORATION, A DELAWARE CORPORATldN, HAVING' AN OFFICE AT CIO BIG BOY RESTAURANTS OF AMERICA · . DISCLOSED BY : , RECORDED AFFECTS I.' , • . : AGREEMENT DECEMBER 31, 1974 RECORDER'S FILE NO. 14-331882 PORTION SAID LAND ~NASSIG~MENT OF THE LESSOR'S INTEREST IN THE LEASE HEREIN REFERRED"TO, GIVEN AS ADDITIONAL SECURITY FOR THE PAYMENT OF T~E INDEBTEDNESS SECURED BY THE DEEO OF TRUST • • RECORDED : AUGUST 22, 1912 RECORDER'S FILE NO. 22311) " • ,. WHICH ASS tGNMENT WAS : EXECUTED BY: PLAZA CAMINO REAL -IN FAVOR OF : JOHN HANCOCK MUTUAL LIFE INSURANCE COMPANY .,.i'ReCORDED : DECEMBER 31, 1914 RECORDER'S fiLE NO. 14-331882 .. '~ 'l:EAS~' , : TO BIG BOY RESTAURANTS , .~ .... 22. ~ANY CLAIMS Of LIEN THAT MAY 8E FILED AGAINST SAID LAND BY REASON Of IMPROVEMENT THEREON • • . "oIscLoSED BY : NOTICE Of NON-RESPONSIBILITY RECORDED : JUNE 1, 1911, RECORDER'S FILE NO. 11-222523 THE FpLLOWING MATTERS AFfECTING PARCEL 0: 1. GENERAL AND SPECIAL COUNTY AND CITY TAXES REPORT TO fOLLOW • . ,,", ""·z~ RESTRICTIONS CONTAINED IN AN AGREE~ENT EXECUTED 8Y AND BETWEEN FAWCO, ...... A PARTNERS'HIP, BERNARD CITRON AND HA~RY J. L. FRAliK, JR., THE MAY .'. o..EPARTMENT STORES COMPANY, A NEW YORK CORPORATION; AND PLAZA CAMINO REAL, ~ ~.' A CALIFORNIA LIMITED PARTNERSHIP, AND RECOROED APRIL 21, 1966 AS FILE NO. '.-' 6~916., . "1 3. AN f;:ASEMENT AFfECTING THE PORTION OF SAID LAND AND FOR THE 10t4336-AMD PAGE 21 " I PURPOS'ES STATED HEREIN, AND INCIDENTAL PURPOSES IN fAVOR Of : CITY OF CARLS8AD • t FOR . '.,' : SEWER PURPOSES ..... ~ d~ 'RECORDED : DECEM.8ER 13, 1913, RECORDER'S FILE NO. 13-31tlt112 '.,. ' . .; • AFFECTS : THAT PORTION OF SAID LAND LYING WI THIN A STRIP OF :LAND ~ •. THE CENTER LINE 8EING DESCRIBED AS FOLLOWS: ~.. :j' :~., : .-.•. '" -. . , ,. ,'. .', 'SEGIH'NING AT THE MOST SOUTHEASTERLY CORNER OF S_ID HaSP EUCALYPTUS' ~ .. · ' ,1 t .-COMPANY'S TRACT NO.1; THENCE NORTH 1°03'10" EAST (RECORD NORTH' ALONG THE ..~ WE~t :LINE AND ITS EXTENSION, OF SAID TRACT; 2784.31 FEET; THENCE "AT RIGHT .: AN~(~~: NOR~H 880 56'50. WEST 1753.95 FEET TO THE TRUE POINT OF 8EGtNN1NG," .,<TMENCE NOR:TH ''70 0 17'45. EAST 293.95 fEET; THENCE NORTH 61°06'50. EAST .;or' 191.09 FEET; THENCE NORTH 0°06'50" EAST ALONG A LINE THAT IS ftARALLEl .... ' .. '. · .~. WITH AND 6 FEET EASTERLY OF PHE MOST WESTERLY LINE OF THAT LAND OE'SCRIBED -:1' tN'DEeD TO THE MAY DEPARTMENT STORE COMPANY, RECORDED APRIL 21, 19'66 AS · :'FILE NO. 66913 QF OFFICIAL RECORDS, 100 fEET; THENCE NORTH 6°29'25. WEST' ,." 291 "FEET, MORE OR lESS, TO THE INTERSECTION Of THE SOUTHERLY 'LINE OF AN ' • EXISTING 15 FOOT SEWER EASEMENT. THE FOLLOWING MATTERS AFFECTING PARCEL E: l~ ~ENERAL AND SPECIAL COUNTY AND CITY TAXES REPORT TO fOLLOW. , I 2. 'THE FACT THAT THE OWNERSHIP Of SAID LAND DOES NOT INCLUDE ·-"RIGHT'OF INGRESS OR EGRESS TO OR FROM THE HIGHWAY CONTIGUOUS .,' THERETO, SAID RIGHT HAVING 8EEN RELINQUISHED BY DEED ANY '" 1 "'. , . , . • ' .".. .. TO· . ,.. : STATE OF CALIFORNIA · , .. , ' • " RECQRDED .: SEPTEM8ER 8, 1964, RECORDER'S FILE NO. 163432 · . . SAl DpEED RECITES IN PART AS FOLLOWS: -·PROVIDED. HOWEVER, THAT SUCH REMAINING PROPERTY SHALL ASUT UPON AND ·;"'HAVE ACCESS TO SAID fRONTAGE ROAD WHICH WILL BE CONNECTED TO THE .. .: FREEWAY 'ONLY AT SUCH POINTS AS MAY 8E ESTA8LISHED 8Y PU8LIC AUTHORITY.- 3. THE 'FOlLOWINGRECITAL CONTAINED IN THE DEED TO THE STATE OF ;. '< CALI FO'RNIA: t'HE GRANTOR FURTHER UNDERSTANDS THAT THE PRESENT , .... 'INTENTION OF THE GRANTEE IS TO CONSTRUCT AND MAINTAIN A , . PUBlIC!'HIGHWAY ON THE LANDS HERE8Y CONVEYED IN FEE AND FOR · , .. GRANTOR. FOR HIMSELF, HIS SUCCESSORS AND ASSIGNS. HERE8Y .; ~AIVE~'ANY CLAIMS FOR ANY AND ALL DA~AGES TO GRANTOR'S -i.~. REMAINt'NG PROPERTY CONT I GUOUS TO THE PROPERTY HERE8 Y CONVEYED ~ '~ ~Y REA~ON OF THE LOCATION. CONSTRUCTION, LANDSCAPING OR · . ,-~""AINTENANCE OF SAID HIGHWAY SAID DEED WAS '", -:-,RECORDED : SEPTEM8ER 8. 1964 · , j, I, .. RECORDER'S FILE NO.: 163432 'I' •• TtfE RIGHT TO EXTEND AND MAINTAIN DRAINAGE STRUCTURES AND 1014336-AMD PAGE 22 , I I I, eXC~VATION AND EMBANKMENT SLOPES 8EYOND THE LIMITS OF THE RIGHT .~ OF WAY GRANTED THEREIN WHERE REQUIRED FOR CONSTRUCTION AND .", MAINTENANCE ,!.' GRANTED TO : THE CITY OF CARLSBAD .. RECQRDED I MARCH 11, 1966, RECORDER'S FILE NO. ItZ21t5 5. ' AN"AGREEMENT FOR CONSTRUCTION, OPERATION AND RECIPROCAL EASEMENTS .~ ~ATE6-JULY 2.~·t969,EXECUTED BY AND 8ETWEEN PLAZA CAMINO REAL. A .. , ,; 'CALifORNIA LIMiTED PARTNERSHIP, THE MAY DEPARTMENT STORES COMPANY, A'NEW ,·'·r '~;"YORK:C(JtPORATION AND J. C. PENNEY COMPANY, INC., A DELAWARE CORPORATION • •• " RECORDED JULY 28, 1969, RECORDER'S FILE NO. 135913 IN THE OFFICE OF -. • . ' 'J 'r COUNTY'RECORDER OF SAN DIEGO COUNTY • REFE~ENce IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. AN AMENDMENT TO THE A80VE AGREEMENT DATED SEPTEMBER 21t, 191~, RECORDED SEPTEM8ER 21, 1971, RECORDER'S FILE NO. 220157. , ~. i , A"SECOND AMENDMENT TO SAID AGREEMENT DATED OCTOBER 6, 1916, RECORDED dCTOBER 26, 1976, RECORDER'S fILE NO. 16-354986. 6~ 'N EASEMENT AFFECTING SAID LAND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES IN FAVOR OF : SAN DIEGO GAS & ELECTRIC COMPANY, A CORPORATION ... . " FOR'· : A LINE OF PIPES FOR THE TRANSMISSION AND DISTRI8UTION OF ~ GAS AND ALL PURPOSES CONNECTED THEREWITH AT SUCH I ' LOCATIONS AND ELEVATIONS, IN, UPON, UNDER, ANDIORALONG THE HEREINAFTER DESCRI8ED EASEMENT AND RIGHT OF WAY AS GRANTEE MAY NOW OR HEREAFTER DEEM NECESSARY OR CONVENIENT " FROM TIME TO TIME, TOGETHER WITH THE RIGHT OF INGRESS 'f . ~ ott· .! : THERETO AND EGRESS THEREFROM 8Y A PRACTICAL ROUTe OR ROUTES IN, UPON, OVER AND ACROSS THE HEREINAFTER DESCRIBED LANDS, OR ANY PORTION OR PORTIONS THEREOf, TOGETHER WITH THE RIGHT TO CLEAR AND KEEP CLEAR SAID EASEMENT AND RIGHT OF WAY, FROM EXPLOSIVES, MATERIALS • BUILDINGS OR OTHER STRUCTURES, IMPLEMENTS OR OBSTRUCTIONS' OCTOBER It, 1968, RECORDER'S FILE NO. 111589 SAID QEED DOES NOT CONTAIN THE LOCATION Of SAID EASEMENT • .. . " 1.' .tf·EASEMENT AFFECTING SAID LAND FOR THE PURPOSES STATED HEREIN .. _ .• NO INcrDENTAL PURPOSES "". IN FAvOR OF : 'SAN DIEGO GAS & ELECTRIC COMPANY, A CORPORATION ... FOR : THE TRANSMISSION AN~ DISTRI8UTION OF ELECTRICITY AND fOR ~.. ALL PURPOSES CONNECTED THEREWITH, UNDERGROUND fACILITIES .,.. .. " "'., tOlif336-AMD CONSISTING OF CONDUITS, MANHOLES, HANDHOLES AND JUNCTION BOXES WITH WiRES AND CABLES PLACED THEREIN AND ABOVEGROUND STRUCTURES CONSISTING OF TRANSFORMER PADS, TRANSFORMERS AND APPURTENANCES NECESSARY FOR THE , OPERATION OF SAID UNDERGROUND FACILITIES AND ALL PAGE 23 REC9ROED · • • MISCELLANEOUS EQUIPMENT AND MATERIAL CONNECTED THEREWITH OCTOBER It, 1968, RECOROER'S FILE NO. 17359S . ..., S~~DDeED DOES NOT CONTAIN THE LOCATION OF SAID EASEMENT. or ~t I i 8. 'AN 'UNRECORDED LEASE, AFFECTING THE PREMISES HEREIN STATED, '., '::-~"ElCecqtED BY 'AND BETWEEN THE PARTIES NAMED HE~EIN FOR THE TERM AND UPON THE TERMS, COVENANTS AND CONDITIONS THEREIN PROVIDED. ' .. '",. DATED : OCTOBER 1, 1916 ' ... ' LESSQR' : PLAZA CAMINO REAL, A CALIFORNIA LIMITED PARTNERSHIP, ~ND • 1'. THE MAY DEPARTMENT STORES COMPANY, A NEW YORK CORPORATION I '- .. 'LfiSSEE OlSCLOSED 8Y : RecORDED' . ' 'AFFECTS : • • : AN A~SlG~MENT OF , ;' EXECtlTED BY : , . TO " : FAR WEST SERVICES, INC., A CALIFORNIA CORPORATION MEMORANDUM OF LEASE OCT08ER 26, 1916, RECORDER'S FILE NO. 76-351t987" THE HEREIN DESCRIBED PROPERTY • THE LESSEE'S INTEREST IN SAID LEASE WAS fAR weST SERVICES, INC. .u. RECORDEO : WRG ASSOCIATES FIVE, A NEW JERSEY LIMITED PARTNERSHIP NOVEMBER 18, 1911, RECORDER'S FILE NO. 11-418287 AN U~RECORDEO L~ASE. AFFECTING THE PREMISES HEREIN STATED, eXECUTED BY AND BETWEEN THE PARTIES ~AMED HEREIN FOR THE TERM ' .. ~ AND UPON THE TERMS, COVENANTS AND CONDITIONS THEREIN PROVIDED. DATED : NOVEMBER 1, 1917 ,'-l' "'LESSOR : WRG ASSOCIATES FIVE, A NEW JERSEY LIMITED PARTNERSHIP '. -LESSEE : FAR WEST SERVICES, INC., A CORPORATION • 't-• 01 SCLOSED BY ': SHORT fORM LEASE .. ~eCORDED : NOVEMBER 18, 1911, RECORDER'S FILE NO. 11-418288 .". ..' AN ASSIGNMENT Of THE LESSOR' S INTEREST IN THE LEASE HEREIN ~ , .~ R~FERRED TO, GIVEN A~ ADDITIONAL SECURITY FOR THE PAYMENT OF THE ,IN'DE8TEDNESS SECURED BY THE DEEO OF TRUST 'M' ,,'. RECORDED ': NOVEMBER 18, 1911, RECORDER'S FILE NO. 11-418290 ,.~ .', :' winCH' ~SSIGNMENT WAS · t'--: "J. EXEcUTeD 8Y . ': 'WRG ASSOCIATES FIVE, A NEW JERSEY LIMITED PARTNERSHIP .,. . IN FAVOR Of ': THE LINCOLN NATIONAL LIFE INSURANCE COMPANY, AN INDIANA .~ CORPORATION ~. ~ RECdROEO ~. NOVEMBER 18, 1911, RECORDER'S FILE NO. 11-4t8291 ,! LEASE, : TO FAR WEST SERVICES • <of :: 'A OEE~OF TRUST TO SECURE AN INDEBTEDNESS OF THE AMOUNT STATED . HEREIN .. ..;: ,:' DATED' .," ..... , , .. ; .' AMOUNT' , t.r ',"TRUSTOR " • ,;,. TRUSTEE • • : : , • • ., SENEFiCIARY : ... , ""; , ,. , ,r RECOROED : 10t4336-AMD NOVEMBER 1, 1971 $635,956.00 WRG ASSOCIATES FIVE, A NEW JERSEY LIMITED PARTNERSHIP CHICAGO TITLE INSURANCE COMPANY THE LINCOLN NAtIONAL lIFE INSURANCE COMPANY, AN INDIANA CORPORATION NOVEMBER 18, 1911, RECORDER'S FILE NO. 11-418290 PAGE 24 1, to IY AN INSTRUMENT RECORDED NOVEMBER 25, 1917, RECORDER'S FILE NO. 11-~88091, THE HEREINABOVE MENTIONED ME~ORANDU~ OF LEASE WAS AMENDED. , . THE" FOLLOWING MAtTERS AFFECTING PARCEL F: I -'I. GENERAL AND SPECIAL COUNTY AND CITY TAXES , . R~~ORT"TO'FOllOW. 2. ' AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR fUll ", .... PARTICULARS DATED . · • JULY 28, 1969 .. BY ANO'BETWEEN : PLAZA CAMINO REAL, A CALIFORNIA LIMITED PARTNERSHIP, THE MAY DEPARTMENT STORES COMPANY, A NEW YORK CORPORATION AND J. C. PENNEY COMPANY, INC., A OELAWARE CORPORATION " , ,ReGA~O ING , . RECORDED • · : CONSTRUCTION, OPERATION AND RECIPROCAL EASEMENTS JULY 28, 1969, RECORDER'S FILE NO. 135913 IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY SAID MAtTER AFFECTS THIS AND OTHER PROPERTY. r't AN 'AMENDMENT TO THE ABOVE AGREEMENT DATED SEPTEMBER 24, 1911. RECORDED S~PTeMBER 27, 1971, RECORDER'S FILE NO. 220151. ~.' ".' .'. '1. AN' EASEMENT AFFECTING SAID LAND FOR THE PURPOSES STATED HEREIN' , " ..... : AND b~CIDENTAL" PURPoses ,'~'~" IN FAV'OROF Z SAN DIEGO GAS & ELECTRIC CO~PANY, A CORPORATION ',>FOR : A LINE Of PIPES FOR THE TRANSMISSION AND DISTRIBUTION Of to ',.. ' GAS AND ALL PURPOSES CONNEt TEO THEREWITH AT SUCH' , ~ ,-LOCATIONS AND ELEVATIONS, IN, UPON, UNDER, ANDIOR'AlONG , ~ .. tHE HEREINAFTER DESCRIBED EASEMENT AND RIGHT OF WAY AS GRANTEE MAY NOW OR HEREAFTER DEEM NECESSARY OR CONVENIENT FROM TIME TO TIME, TOGETHER WITH THE RIGHT OF INGRESS' ~-. - . ,'.' t :' _ .... -,. . ' THERETO AND EGRESS THEREFROM BY A PRACTICAL ROUTE OR ROUTES IN, UPON, OVER AND ACROSS THE HEREINAFTER : :DESCRI8ED LANDS, OR ANY PORTION OR PORTIONS THEREOF, TOGETHER WITH THE RIGHT TO CLEAR AND KEEP CLEAR SAID EASEMENT AND RIGHT OF WAY, FROM EXPLOSIVES, MATERIALS,' 8UILDINGS OR OTHER STRUCTURES, IMPLEMENTS OR 08STRUCTIONS ",' -·-f ... " ... S' OCTOBER~, 1968, RECORDER'S FilE NO. 111589 . - :' SAID PEEl> DOES :NO'T CONTAIN THE LOCATION OF SAID EASEMENT. ,.r It. AN e'ASEMENT AFfECTING SAID lAND FOR THE PURPOSES STATED HEREIN ~' AptO INC(OENTAl PURPOSES '·-IN FAVOR OF : 'SAN DIEGO GAS & ELECTRIC COMPANY, A CORPORATION -fOR, : UNDERGROUND FACILITIES CONSISTING OF CONDUITS, MANHOLES, PAGE 25 .. ~' .. ft .. ., .. '~ " ., I ... "ff' ~ ... ,. ~., ~ .,. : HANDHOLES AND JUNCTION BOXES WITH WIRES AND CABLES PLACED THEREIN AND ABOVEGROUND STRUCTURES CONSISTING OF : TRANSfORMER PADS, TRANSfORMERS AND APPURTENANCES NECESSARY FOR THE OPERATION OF SAID UNDERGROUND fACilITIES AND ALL MISCELLANEOUS EQUIPMENT AND "ATERIAL , CONNECTED THEREWITH : ,OCTOBER 4, 1968, RECORDER' S F t LE NO. 113595 SAID DeED DOES NOT CONTAIN THE LOCATtON Of SAID EASEMENT • 5.' AN -AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR fULL • · PARTICULARS DATED " ~'BY AND'BETWEEN : SEPTEMBER 19, 1968 THE MAY DEPARTMENT STORES COMPANY, A NEW YORK CORPORATION AND SAN DIEGO GAS & ELECTRIC COMPANY, A CORPORATION REGARptNG " RECORDED • · : EASEMENTS OCTOBER 4, 1968, RECORDER'S FILE NO. 113592 6. l DEED 01= TItUST TO SECURE AN INDE8TEDNESS OF THE AMOUNT STATED HEREIN · I DATED ': SEPTEM8ER 1, 1912 AMOUP(T' : $25,000,000.00 .'~ TRUSl;OR' . :;. ,MAY PROPERTIES, INC., A DELAWARE CORPORATION , . TRUSTEE ~ ." ':' :\'R08ERT J. BRAWLEY ",' BENEfiCIARY: METROPOLITAN LIFE INSURANCE COMPANY, A NEW YORK ,.' ReCO~OE'O . r . CORPORATION : "JANUARY 29, 1913, RECORDER'S FILE NO. 13-024421 ~. r # '¥" l SAIO':MATTE~ AfFECTS THIS AND OTHER PROPERTY. ~ ~ BY A~ INSTRUMENT DATED APRIL 1, 191~, AND RECORDED APRIL 4, 1974, I ' '''! RECORDER'S fILE NO. 14-085131, CERTAIN RIGHTS UNDER SAID DEED OF TRUST ,~, .. WERE 'ASSIGNED. ' ~ .. 7. '~ tEASE; AFFECTING THE PREMISES HEREIN STATED, EXECUTED BY AND -,:' 8EfwEEN THE'PARTIES NAMED HEREI N, FOR THE TERM AND UPON THE <," TERMS, 'COVENANTS AND CONDITIONS THEREIN PROVIDED • .. , .,:' DATED" : NOT SHOWN LeSSOR' :' MAY PROPERTIES, INC., A DELAWARE CORPORATION lESSEE' :' T"E MAY OEPARTMENT STORES COMPANY, A NEW YORK CORPORATION TER,M" ': '<NOT SHOWN " , ,H,' RECORDED ~ : JANUARY 29, 1973, RECORDER'S FILE NO. 13-024424 ..... " . .,. ... • , !' SAID,'"ATT~R AFFECTS THIS AND OTHER PROPERTY. '~'" AN' A~SIGNMENT OF "':;:; i EXECUTED BY : , . , . *:_-, ... TO : ttECORDED • • tOl~336-AMD THE LESSOR'S INTEREST IN SAID LEASE WAS MAY PROPERTIES, INC., A DELAWARE CORPORATION METROPOLITAN LIFE INSURANCE COMPANY, A NEW YORK CORPORATION JANUARY 29, 1913, RECORDER'S FILE NO. 13-024428 PAGE 26 ; , ... " ... ,;. , ' .. ,Tm:, FQllOWI NG MATTERS AFFECTING PARCEL G: l~ ~eNeRAL' AND'SPECIAl COUNTY AND CITY TAXES "1 ' • '. J ' • :. . . ~EPO~TTO FOllOW • 2.' COVENANTS AND EASEMENTS AS CONTAINED IN AN AGREEMENT RECORDED .~ ~PRll 21. 1966, UNDER RECORDER'S FILE NO. 66916. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. t.. . , AN' AMENDMENT TO THE ABOVE AGREEMENT WAS RECORDED JULY 28, 1969, AS .~ DOCUMENT NO. 135915 OFFICIAL RECORDS. ~~FECTS PARCEL G. '~'~.-.JAseMENTS TOGETHER WITH THE POWER TO GRANT LICENSES FOR THE USE Of .. SAID EASEMENTS, AS GRANTED TO THE MAY DEPART"4ENT STORES COMPANY, ANEW YORK CORPORATION, BY DEED RECORDED APRIL 21, 1966 UftDER RECORDER'S FILE' ,.,;NO. 669tlt~ , SAIQ' MATTER AFFECTS THIS AND OTHER PROPERTY. It. "AN 'EASEMENT AFFECTING SAID LAND FOR THE PURPOSES STATED HEREIN ... AND tNC I OENT AL PURPOSES l~-~AVOR OF .: SAN DIEGO GAS &. ELECTRIC COMPANY, A CORPORATION FOR ':, : A LINE OF PIPES fOR THE TRANSMISSION AND DISTRIBUTION Of '" l GAS AND ALL PURPOSES CONNECTED THEREWITH . ~~ : ,.: RE~ORDEO : OCTOBER It, 1968, RECORDER'S FI LENO. 113588 AND 173589 .:: -. S~'I 0 DEED DOES ~OT CONTAIN THE LOCATION OF SAID EASEMENT. , THE :INTEREST OF SAN DIEGO GAS &. ELECTRIC COMPANY, A CORPORATION, WAS ,~. ElIMINATEO BY A'OUITCLAIM OEEO RECORDED AUGUST 22, 1912, UNDER RECORDER'S ·."fl'L'E NO. '223112 'AS TO SAID LAND, WITH THE EXCEPTION OF CERTAIN STRIPS Of ',. lAND a 'fEET'WIDE' ~S MORE PARTICULARLY DESCRIBED IN THE A80VE REfERRED TO ,. .' OUITCLAIM DE'EO AND THE RIGHT OF INGRESS THERETO AND EGRESS THEREfROM • • ,," ; s.' AN 'EASEMENT AFFECTING THE PORTION OF SAl!) LAND AND FOR THE :,-PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES . .-IN '"FAVOR OF : SAN 01 EGO GAS & ELECTR IC CO~PANY '~. 'FOR"'· : GAS PIPE LINES AND INCIDENTAL PURPOSES • f .," RECORDED : OCTOBER It, 1968, RECORDER'S FILE NO. 113590 :-Af~~CTS : AS FOLLOWS: THOSE CERTAIN 6.00 FOOT WIDE STRIPS OF LAND, 8EING 3.00 FEET ON EACH ". AND EVERY SIDE' OF THE "GAS FACILITIES" AS THEY EXIST'OR WILL EXIST, Tt1E LoC'ATIONS OF WHICH ARE SHOWN ON THE PLAN MARKED EXHIBIT "A·, ATTACHED HERETO AND BY THIS REfERENCE MADE A PART HEREOf. , ' . . .. , tct14336-AMO ., PAGE 21 " " " .. ; 6. AN'AGREEMENT PARTICULARS DATED · • · IV ANO'8ETWEEN : :r · · • • • TO WHICH REfERENCE IS HEREBY MADE fOR fULL SEPTEMBER 19, 1968 PLAZA CAMINO REAL, A LIMITED PARTNERSHIP, AND DIEGO GAS & ELECTRIC COMPANY, A CORPORATION 8ASEMENTS OCTOBER 4, 1968, RECORDER'S FILE NO. 113591 SAN ""'e AN EASEMENT 'AffECTING SAID LAND fOR THE "URPOSES STATED HEREIN '., AND INCIDENTAL PURPOSES ~.~: . .' IN FAVOR OF : SAN 01 EGO GAS & ElECTR Ie COMPANY, A CORPORATION' I .. 1 ; .. , .. " , .... 'fOR .. : UNDERGROUND AND ABOVEGROUND ELECTRICAL fACILITIES' AND -RECORDED • . ALL MISCELLANEOUS EQUIPMENT AND MATERIAL CONNECTED THEREWITH OCTOBER 4, 1968, RECORDER'S FILE NO. 113594 AND 113595 THE-INTEREST Of SAN DIEGO GAS & ELECTRIC COMPANY, A CORPORATION ~AS ELI~I'NATED BY A QUITCLAIM DEED RECORDED AUGUST 22, 1912 UNDER RECORDER'S fllE",NO.-223112 AS TO SAID LAND, WITH THE EXCEPTION Of CERTAIN STRIPS Of LAND'8 FEET' WlDE AS MORE PARTICULARLY DESCRIBED IN THE ABOVE REfERRED To '" .. , 'f" QUITCLAIM 'DEED AND THE RIGHT OF INGRESS THERETO AND EGRESS THEREfROM. , " .' ,,' 8.; A; LEASE', AFfECTING THE PREMISES HEREIN STATED, EXECUTED BY AND 'P 8ET~EEN THE PARTIES NAMED HEREIN, FOR THE TERM AND UPON THE , TERMS, COVENANTS AND CONDITIONS THEREIN PROVIDED. ',.~, ';·"OATED "': JANUARY 12, 1968 . -; '~ 'LESSOR" ': PLAZA CAMINO REAL, A CALIFORNIA LIMITED PARTNERSHIP ;'. ,.' LESSEE : f. W. WOOLWORTH co., A CORPORATION '~'" .~ REC,OROEO : DECEMBER 26, 1968, RECORDER'S FILE NO. 226ft63 .~" SAID MATTER AFfECTS THIS AND OTHER PROPERTY. , I' . I ;' , 9. 'AN AGREEMENT '-: -PARTI~~LARS , .' 'DATED • • '8Y A~D:8ETWEE~ : . .... . .. . ~ >. , t\E4ARDING .. RECORDED .".. ... t • • • • TO WHICH REFERENCE IS HEREBY MADE FOR fULL JULY 28, 1969 PLAZA CAMINO REAL, A CALIFORNIA LIMITED PARTNERSHIP, THE MAY DEPARTMENT STORES COMPANY, A NEW YORK CORPORATION. AND J. C. PENNEY COMPANY, INC., A DELAWARE CORPORATION CONSTRUCTION, OPERATION AND RECIPROCAL EASEMENTS : JULY 28, 1969, AS FILE/PAGE NO. 135913 IN THE OffiCE OF COUNTY RECORDER OF SAN DIEGO COUNTY • "'" ~. N(ne:AMENOMENT RECORDED SEPTEMBER 21, 1911, UNDER RECORDER'S FILE NO. , .,. 2~O 151. r ,. ~ .. "',,,SAIO MATTER ~FFECT~ THIS AND OTHER PROPERTY. ", :, ,:lO~'A" EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE "",,. PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES l014336-AMD PAGE 28 ui' FAVOR OF " FQR ..... RECOtlOED , AFFeCTS • • : • • • • SAN DIEGO GAS & ELECTRIC COMPANY, A CORPORATION THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY AND UNDERGROUND FACILITIES AND INCIDENTAL PURPOSES SEPTEMBER 26, 1969, RECORDER'S FILE NO. 177112 AS FOLLOWS: ~ "~'" : •••• 4 .. , .. , :" THAT CERTAIN PORTION OF THE WEST HALF OF SECTION 32, TOWNSHIP 11 SOUTH, RANGE. WEST, S~N BERNARDINO MERIDIAN, BEING A STRIP OF LAND 6.00 FEET IN ~ ~ WIDTH, l~ING ADJACENT TO, CONTIGUOUS WITH AND NORTHERLY OF THE FOLLOWING ;,.. ., DESCRIBED LINE: ~'. .~ ," , - , ~" " ,~:: CO~~~'NCrNG.~T !JHESOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE " ·~'NQRT~WEST,QUARTER OF SAID SECTION 32; THENCE NORTH 00 24'41" WEST ALONG THE r .. ro" .ESTERLY L fN'EOF SAID SOUTHWEST QUARTER Of THE NORTHWEST QUARTER,: A ~~ .... GIST_NCe OF·1.95~12 FEET; THENCE LEAVING SAID WESTERLY LINE EAST 657.'12 I!" ~ f'EET;' THENCE NORTH 71°15 '51" EAST, 102.92 FEET TO THE TRUE POINT OF '. ?~ SEGINNING Of THE LINE HEREIN DESCRIBED; THENCE FROM SAID TRUE POINT OF .~ .,,.. "SEGINN'ING,'AND ,RETRACING SOUTH 17°15'51" WEST, 120.00 FEET. ~ . .. - . \-::, 11:' AN 'EASEMENT AFFECTING THE PORTIO~ Of SAID LAND AND FOR THE -.., PUR~pSES STATED HEREIN, AND INCIDENTAL PURPOSES IN F.VOR OF : SAN DIEGO GAS & ELECTRIC COMPANY "', FOR ;: '!': GAS PIPE LINES AND INCIDENTAL PURPOSES ." RECORDED . : SEPTEMBER 26, 1969, RECORDER'S FILE NO. 171202 I AFFECTS : A STRIP OF LAND 6.00 FEET IN WIDTH, LYING ADJACENT TO,' CONTIGUOUS WITH AND NORTHERLY OF THE fOLLOWING DESCRI8ED \; LI ~E: ,,' COMMENCING' AT THE SOUTHWEST CORNER Of THE SOUTHWEST QUARTER OF THE , ".~' NORTHWEST QUARTER Of SAID SECTION 32; THENCE NORTH 0 0 24'41" WEST ALONG THE ~ ,.f W(STERL~lINE OF SAID SOUTHWEST QUARTER Of THE NORTHWEST QUARTER, A ' '~ .~' OIST'ANce OF 195~12 FEET; THENCE LEAVING SAID WESTERLY LINE EAST, 651.12 .... 'T FEE'T; THENCE NORTH 11°15'51" EAST, 102.92 FEET TO THE TRUE POINrOF' ' .~ ~-8EGt:NNIN$' OF THE LINE HEREIN DESCRIBEO; THENCE FROM SAID TRUE POINT Of ' .. , ,~: 8EGINNING AND RETRACING SOUTH 11°15'51" WEST, 12.0.00 FEET. -' 12.· COVENANTS, 'CONOITIONS AND RESTRICTIONS IN THE DeEO ",~' RECORDED :' OCTOBER 21, 1969, RECORDER'S FILE NO. 193480 , ., ,-,"ReSTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION OR NATIONAL O~IGtN~Re OELE~ED. 13. AN AGREEMENT PARTICULARS ',DA:tED ' · · 8Y AND BETWEEN : ...... . ~ T' f .,~.' '/ REGARDING , ", RECORDED : • • TO WHICH REFERENCE IS HEREBY MAOE FOR FULL JANUARY 15, 1910 FAWCO, A CO-PARTNERSHIP, 8ERNARD CITRON AND HARRY J. L. FRANK, JR., AND CENTRAL fEOERAL SAVINGS AND LOAN ASSOCIATION CONSTRUCTION OF A WALL FE8RUARY 2, 1970, RECORDER'S FILE NO. 18921 PAGE 29 ., ··.-I~ ,.~ \ ., · ,. ~.,. . ' . ' SAID MATTER AFFECTS: PARCEL 10, PARCEt MAP NO. 1569 lit. ,_.' AN AGREEMENT PAR ~ICUlARS DATED • • BY AND BETWEEN • • REG'ARDING • , . REC~DED • • TO WHICH REFERENCE IS HEREBY MADE FOR FULL SEPTEMBER 23, 1910 FAWCO, A CO-PARTNERSHIP, BERNARD CITRON AND HARRY J. l. FRANK, JR., AND THE UNITED STATES NATIONAL BANK, A NATIONAL BANKING INSTITUTION CONSTRUCTION OF A WALL NOVEMBER It, 1910, RECORDER'S FILE NO. 2021,.5 .. 'SAl~"ATTeR AF~~CTS: PARCEL 9, PARCEL MAP NO. 1569 15. : A .. EASEMENT AffECTING THE PORTION OF SAID LAND AND FOR THE ... PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES ~.,' IN FA\lOR OF ': THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION .. FOR "': WATER LINE .. ,: RECORDED 1 SEPTEMBER 15, 1911, RECORDER'S FILE NO. 208858 II" ",,'AFfECTS' ! 'l' AS FOLLOWS: \ :. to ..... ,,,. " .. THATPORTtON OF .SECTION 32, TOWNSHIP 11 SOUTH, RANGE It WEST, SAN .~ 8E~~ARDI~O ME~ldIAN, OE~CRI8ED IN THAT DEED TO THE PARKING AUTHORITY OF .~ 'T~E CITY OF' c~Ri~BAD FROM PLAlA CAMINO REAL DATED OCTOBER 21, 1969 AND : ., l·· . .,: RECORDEO' OCTOBER 21, 1969 UNDER RECORDER'S fiLE NO. 193480 IN THE' OfFICE •. ,; ;:.> OF COUNTY RECOROEROF SAN DIEGO COUNTY, CALIfORNIA. THAT IS CONTAINED . .... ..... ~ .•• -.. ' WITHIN 'A STRIP OF LAND 15 FEET IN WIDTH, BEING 1.5 FEET IN WIDTH 'ON EACH 't' ._, SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: . .. .. . , .'t.' > BEGINNING AT THE INTERSECTION OF THE CENTERLINES OF EL CAMINO REAL AND . : .' ~ .. > MARRON ROAD' AS SHOWN' ON PARCEL MAP NO. 184 FILED IN THE OfF I CE OF COUNTY • ~ '" RECORDER OF' SAN 'DIEGO COUNTY. · ~ .-.,. .. ..' .:.~ '. . . '~,' ;",-: ' \ ~'\ .... ' THENCE fROM SAID POINT Of BEGINNING SOUTH 63°18'50" weST A DISTANCE OF H _ .. 117.'00 FEET' TO THE TRUE POINT OF BEGINNING; , ~.. .• '!~ .• !!.~. ··'THENCE'SOUTH 690 09'1t5" WEST. A DISTANCE OF 161.03 FEET; .~. '. . .; .... '. · ... ~ THENCE~SOUTK 72.15'35" WEST, A DISTANCE OF 632.12 FEET; -" . , . ~ ~ .:~ 17 . w .. THE~C~ SOUTH ~oOj'55" WEST, A DISTANce OF 415.10 FEET ALONG A LINE THAT IS ~ PARALLEl: WITH' A"01.5 FEET EASTERLY OF THE EASTERLY LINE OF LOT 12 OF HOSP "" euCAlVP'fUS FOREST COMPANY' S TRACT NO.1. ACCORD I,..G to MAP THEREOf . NO • . ..,.,,. .' ~ .... .. ,.!Ii 1136, FILED 1N THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUN'Y~' .,; -. ........ SAIp' INSTRUMENT ,ALSO GRANTS THE RIGHT TO EXTEND AND MAINTAIN . l" .... ORA INAGE STRUCTURES AND EXCAVAT ION AND EMBANKMENT SLOPES BEYOND • •• THE LIMITS'OF SAID RIGHT OF WAY WHERE REQUIRED FOR CONSTRUCTION AND MAINTENANCE • 1014336-A"D PAGE 30 ,16. VAR IOUS ':UNRECORDED LEASES fOR THE TERMS AND UPON THE TERMS. COVENANTS , AND CONDITIONS THEREIN 'PROVIDED EXECUTED BY PLAZA CAMINO REAL, A ~ ··'·1 '. , .' ., CALIFORNI4 LIMITED PARTNERSHIP AS LANDLORD AND NUMEROUS TENANTS lSLtSTEO .. ,; ~" Itt AND DISCLOSED BY A DOCUMENT ENTITLED "ASSIGNMENT OF LESSOR'S INTEREST .. , " IN LEASES" WHICH WAS RECORDED AUGUST 22, 1912, UNDER RECORDER'S fILE NO. ,~ ',12311~~ . . .., .. .. AN ASSIGNMENT Of; THE LESSEE'S I NTEREST IN SA I 0 LEASE WAS • 'EXECUTED BY : 'fEDERAL DEPOSIT INSURA~CE CORPORATION, AS RECEtV£R OF ,.:' TO RECORDED • • • • UNITED STATES NATIONAL BANK CROCKER NATIONAL BANK, A NATIONAL BANKING ASSOCIATION JUNE 19, 1914, RECORDER'S FILE NO. 1~-162811 -SAID MATTER AFfECTS: ,; PARCEL 9 HEREIN DESCRIBED. .. ";,11. A DEED' OF TRUST TO SECURE AN INDEBTEDNESS OF THE AMOUNT STATED ... • l! , HEREIN DATED AMOUNT ~USTOR' 'r' 'TRUSTEE" ., .. ~ · : '. · '. • AUGUST 22, 1912 56,000,000.00 PLAZA CAMINO REAL, A CALIFORNIA LIMITED PARTNERSHIP TITLE INSURANCE AND TRUST COMPANY, A CALIFORNIA CORPORATION BENEFICIARY': JOHN HA~COCK MUTUAL LIFE INSURANCE COMPANY, A MASSACHUSETTS CORPORA~ION , ' RECORDEO ': " AUGUST 22, 1912, RECORDER'S FILE NO. 223113 .~ SAID MATTER AFFECTS THIS AND OTHER PROPERTY • . j AN '~'SSIG~MENT OF THE LESSOR'S INTERES TIN THE LEASE HERE IN REf~RRED TP.GIVE~, AS ADDITIONAL SECURITY FOR THE PAYMENT OF •• ; ,-t THE -INDEBTEDNESS SECURED BY THE DEED OF TRUST ., REc6Roeo ,'~ . AUGUST 22, 1912, RECORDER'S FILE NO. 223113 · " .• WHICH ASSIGNMENT WAS .• '.,' eXECUTED BY': PLAZA CAMINO REAL, A CALIfORNIA LIMITEO PARTNERSHIP ~ .. IN FAVOR OF": JOHN HANCOCK MUTUAL LIFE INSURANce COMPANY. A ,if,. MASSACHUSETTS CORPORAT ION ~'RECORDED :. AUGUST 22, 1912, RECORDER'S FILE NO. 223114 .~ 'LEAse : VARIOUS UNRECORDED LEASES AS LISTED IN AND DISCLOSED 8Y A ~ '; DOCUMENT ENTITLED "ASSIGNME~T OF LESSOR'S INTEREST IN ~ . '~ LEASES" WHICH WAS RECOROED AUGUST 22. 1912 UNDER ,c. RECORDER'S. t=ILE NO. 223114. • ...... AN"ASSIGNMENT OF THE LESSOR'S INTEREST IN THE LEASE HEREIN ,... REfERRED T.O, GIVE,N AS AODIT (aNAL SECURITY FOR THE PAYMENT OF .. " THE INDE8TEDNESS SECURED BY THE DEEO Of TRUST :RE~OROED : AUGUST 22, 1912, RECORDER'S FILE NO. 223113 ... , ,~" WHI CH ASSIGNMENT WAS ·.··EXECUTED BY: PLAZA CAMINO REAL, A lIMITED PARTNERSHIP ., IN FAVOR OF .: . JOHN HANCOCK MUTUAL LIFE INSURANCE COMPANY, A , ;.t.· CORPORATION OF THE COMMONWEALTH OF MASSACHUSETTS 101,.336-'MD ; PAGE 31 : 1 . · - · \. : -, . , . i , ~. " .. : 'r . RECORDED lEASE • • • • AUGUST 22, 1912, RECORDER'S FILE NO. 223115 f. W. WOOLWORTH CO., A CORPORATION AN~~SSIGN~ENT' OF THE lESSOR'S INTEREST IN THE LEASE HEREIN . 'REFERRED TO, tl VEN 'AS ADDtT IONAL SECURI TY FOR THE PAYMENT Of , THE" INOE8TE'DN£SS SECURED BY THE DEED OF TRUST RECOROED . ': AUGUST 22, 1912, RECORDER'S fILE NO. 223113 '1' 'WHICH ASSIGf .... 4£NT WAS e'XECUTED BY ":PLAZA CAMINO REAL, A CALIFORNIA LIMITED PARTNERSHIP IN fAVOR OF : -JOHN HANCOCK MUTUAL LIFE INSURANCE COMPANY, A REC~DED '~: LEASE MASSACHUSETTS CORPORATION • • : ,_' DECEMBER 31, 1914, RECORDER' S FILE NO. 14-331882 lEASE DATED OCT08ER 11, 1974, BETWEEN PLAZA CAMINO A CALIFORNIA LIMITED PARTNERSHIP, AND MARRIOTT CORPORATION, A OELAWARE CORPORATION. THE FOlLOWING MATTERS AFfECTING PARCELS H AND I: , I ' \ .... ,. ; 1. fQRTAXES SEE FIRST PARAGRAPH OF THI S REPORT. • :.. ~ '! ~. '~2. tbVENANTS~ ~ASEMENTS AND TEMPORARY LICENSES, AS COhTAINEO IN AN ,., INS'TRUMENT ENTt'TLED "CONSTRUCTION, OPERATION AND RECIPROCAL EASEMENT REAL, t" '" -AGREEMENT"," RECO~DED APRIL 21, 1966, UNDER RECORDER'S FILE NO. 66915. , ~ ',f .. ~ ,. •.. ~ • , ~~:-. REFERENCE -IS· MADE TO SAID DOCUMENT FOR fUll PARTICULARS. j. "n "-""f' -3.CQVENANTS AND EASEMENTS AS CONTAINED .1 N Af\4 AGREEMENT RECORDED -r APtllt ... 21, '1966", UNDER RECORDER'S FILE NO. 66916 • ... , -~ REFERENCE IS 'MADE TO SAID DOCUMENT FOR FULL PARTICULARS • •• 1 " .J' ,-- '?t 4. 'EAS'EMENTS TOGETHER WITH THE POWER TO GRANT LICENSES fOR THE USE OF , .i ' .. SAID EASEMENTS, AS GRANTED TO THE MAY DEPARTMENT STORES COMPANY, A NEW f~!,'-:YORK COR'PORATION, BY DEED RECORDED APRIL 21, 1966 UNDER RECORDER'S FILE • ~" NO. 66914 •. " ....... ,. : .- .... " 5. AN 'AGREEMENT " ... ! !1"' PARTICULARS DAT'~O' • • BY A~D -BETWEEN : ReG~RDING 1" RECORDED : • • TO WHICH REFERENCE IS HEREBY MADE FOR FULL JULY 28, 1969 PLAZA CAMINO REAL, A CALIFORNIA LIMITED PARTNERSHIP, THE MAY DEPARTMENT STORES COMPANY, A NEW YORK CORPORATION AND J. C. PENNEY COMPANY, INC., A DELAWARE CORPORATION CONSTRUCTION, OPERATION Af\4D RECIPROCAL EASEMENTS JULY 28, 1969, AS FILE/PAGE NO. 135913 '~' -NOTE: 'AMENDMENT RECORDED SEPTEMBER 21, 1911, RECORDER'S FILE NO. 220151. • • 6. At" "UNRECORDED LEASE, AFFECT ING THE PREMI SES HERE IN STATED, EXECUTED BY AND BETWEEN THE PARTIES NAMED HEREIN FOR THE TERM -1 1014336-AMO PAGE 32 AND UPON THE TERMS. COVENANTS AND CONDITIONS THE~EIN PROVIOED. DATED ," : ' MARCH 1. 1912 ',' 'LESSOR' . ..: PEERAGE EQUITIES CORPORATION. A DELAWARE CORPORATION ~·..,·~lESSeE .!' .: J. C. PENNEY COMPANY, INC., A DELANARE CORPORATION ":OISCLOSED BY: MEMORANDUM Of LEASE RECORDED : MARCH 22. 1912. RECORDER'S fILE NO. 68283 p AfFECTS, : ALL Of PARCELS H AND I. .. I 'A,i ASSIGNMENT Of THE LESSOR'S INTEREST IN SAID LEASE WAS ' .. 'EX'ECUrED BY : ... , ' TO : RECORDED " . , . PEERAGE EQUITIES CORPORATION, A DELAWARE CORPORATION CORPORATE PROPERTY INVESTORS. A MASSACHUSETTS 8USINESS TRUST AUGUST 24. 1912. RECORDER'S fILE NO. 225155 ~' ',~AID 'lEAS~ ~ND SUBSEQUENT ASSIGNMENTS , ~"HASeEEN SU80RDINATED TO THE SUBJECT MATTER REfERRED TO IN THIS .~ ~'PARAGR~PH. 8Y THE PROVISIONS OF AN INSTRUMENT , ,,.,' ',', ,RECORDED ' : OCTOBER 25. 1912, RECORDER'S FILE NO. 286138 , '~~'SUBOR6~NATeo TO ~ A DEeo Of TRUST ' .. RECORDED : OCTOBER 25. 1912. RECORDER'S fiLE NO. 286136 ~. ,. 'f • , 1. :A DEED OF' TRUST TO seCURE AN INDEBTEDNESS Of THE AMOUNT STATED . t1ERE IN ' "DATED ::' , ~' A'MOUNT : .. ' t~USTOR : : ' TRUSTEe . T SENEF IctARY':" RECORDEO :' OCTOBER 25. 1912 $2,140,000.00 NEW MARJORAM ASSOCIATES, A NEW YORK PARTNERSHIP UNITED CALIFORNIA BANK, A CALIFORNIA CORPORATION UNITED CALIFORNIA BANK, A CALIFORNIA BANK ,OCTOBER 25, 1912, RECORDER'S FILE NO. 286136 , AN ~SSlGN~J:NT'Oi= THE LESSOR'S INTEREST IN THE LEASE HEREIN ". REFERRED TO, GIVEN AS ADDITIONAL SECURITY fOR THE PAYMENT OF :.... THE 'JNOEBTEONESS SECUREO BY THE DEED OF TRUST ... ', WHICH ASSIGN'MENT VAS "1 ", ".EXECVTED BY': NEW MARJORAM ASSOCIATES IN fAVOR OF ': UNITED CALIFORNIA BANK RECORDED :' OCTOBER 25, 1912. RECORDER'S FILE NO. 286131 LeA~E : DATED AS Of MARCH 1, 1912, BETWEEN PEERAGE EQUITIfS CORPORATION, AS LESSOR AND J. C. PENNEY COMPANY. INC., AS LESSEE '. ,.' HOTE: 'SAtD'iNTEREST HAS 8EEN FURTHER ASSIGNED TO PUBLIC EMPLOYEES' :> 'RETIREMENT SYSTEM, BY AN INSTRUMENT RECORDED OCTOBER 25, 1912. REtORDER'S, : '0,;; FilE NO. 286'140 AND RE-RECORDED MARCH 15, 1913 RECORDER'S FILE HO. "·ll-06818~.' " I' ' .. ' T~e ~ENEFICIAl INTEREST TO : . .. ... -. , " BY ~~SIGNMENT DATED .. ~ :: RECQ~OEO ~ t:t' ~.' I.. ., • "" '10t~336-AMD ~'; ... ,....... . -. ... . " .. • . : UNDER SAID DEED OF TRUST WAS ASSIGNED STATE OF CALIfORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM OCTOBER 25. 1912 OCTOBER 25, 1912 RECORDER'S FILE NO. 286139 PAGE 33 • • AND RE-RECORDEO: MARCH 15, 1913 RECORDER'S FILE NO. 12-068183 .. 1014336-AMO PAGE 34 " , . , • THE L~ND REFERRED TO HEREIN IS SITUATED IN THE STATE OF . ", ~'LIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: .' " .. ., ~ ; ~ •... 1 to . " f~t " .. .., 'CA~LS8AD TRACT 13-18 .. ~ ~, (PL,~ZA 'CA''UNO REAL SHOPPING CENTER' BEING A SUBDIVISION OF: ,'PARCELl: ~!': ~ .'., , : PARCEL 6 OF PARCEL MAP NO. 1569, IN THE CITY OF CARLSBAD, IN THE COUNTY Q~F SAN,.ptEGO, S'r:ATE OF CALIFORNIA, ACCORDING TO MAP THEREOF FILED IN THE OfFICE.J1F'COUNT,Y, RECORDER Of SAN DIEGO COUNTY, BEING A DIVISION OF - PORTtONS OF' 'SeC-J,ION 32. TOWNSHIP 11 SOUTH, RANGE ft WEST, SAN 8ERNARDINO MERIDIAN,ACCO~QING TO OFFICIAL PLAT THEREOF, TOGETHER WITH PORTIQNS OF lOTS 1~~ ,1~ANO ,lt2 OF HOSP. EUCALYPTUS FOREST COMPANY'S TRACT. ACCORDING ',TO MAP THEREOF. NO. 1136 FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY AND PORTIONS OF EUCALYPTUS STREET AS VACATED AND CLOSED TO PUBLIC -USE •. , except 't;tEREFRQM,SAID SECTION 32 HEREIN DESCRIBED, ALL MINERAL RIGHTS AND ALL OIL, GAS, PETROLEUM OR OTHER HYDROCAR80N SUBSTANCES WITHIN OR UNDERLYING SAID .LAND WITHOUT RIGHT OF SURfACE ENTRY AS RESERVED IN DEEDS' ExeCUTED 8YREGINAlDO MARRON AND CAROLINE MARRON, RECORDED IN 800K 6699 PAGE 26ft OF OFFICIAL RECORDS, AND BOOK 1112 PAGE 1t11 OF OFFICIAL RECORDS~ .. ;' 1 ,~ ALSO EXCEPT' "THEREFROM SECTION 32, HEREIN DESCRIBED ALL OF THE OIL,! GAS,' " .' -~' AND 'MINERALS AND MINERAL RIGHTS, LYING BENEATH A De'TH OF 500 FEET fROM ,--" THE"SURFACE'OF SAIU LAND, TOGETHER WITH THE RIGHT OF ENTRY AT ANY 'POINT 'IN' +., ',,"' SUCH LAND l YIWG BELOW SAID DEPTH FOR THE PURPOSES OF EXPLORING, DRILLING • • J CON~~YING,'AND RE~OVAL OF ANY SUCH SUBSTANCES AND INSTALLATION OF . . tc .' ,." . ' .. EQUIPMENT ANQ PIPELINES FOR SUCH PURPOSES, PRO~IDED THAT ANY SUCH ENTRY ".~, --' AND ACTIVITY UPON SAID LAND FOR SUCH PURPOSE SHALL 8E CARRIED OUT IN SUCH I .... . , " '.' MAr:iNER AS TO AVOID' ANY INTERFERENCE WITH THE USE OF THE SURFACE OF SAID lANO. AS EXC'EPTED 'IN DEEDS, FROM FAWCO, A PARTNERSHIP, WILLIAM S. BARTMAN. ':. fRED A. 8ARTMAN JR., BERNARD CITRON, AND HARRY J. L. FRANK, JR., RECORDED A'Rll 21, 1966 UNDER RECORDER'S FILE NO. 66913 AND 66568 • ," PAR~EL 81 PARCEl'l OF PARCEL MAP NO. 1569, IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN'OIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF FILED IN THE OFFICtf' OF COUNTY RECOROER OF SAN DIEGO COUNTY, BEING A DIVISION OF ' PORTU1NS OF SECTION 12, TOWNSHIP 11 SOUTH, RANGE ft WEST, SAN BERNARDINO MERiDIAN, ACCORDING TO OFFICIAL PLAT THEREOF, TOGETHER WITH PORTIONS Of ~~" "'; uiis" 13, IIt'AND'ft2 OF HOSP. EUCALYPTUS FOREST COMPANY'STRACT, ACCORDING , TO' M~P THERE'OF NO. 1136 FILED IN THE OfFICE OF COUNTY RECORDER OF SAN OIEGO,COUNTY AND PORTIONS OF EUCALYPTUS STREET AS VACATED AND CLOSED TO •• # .... " PUE$lIC' USE;. , f t .. EXCE~T:THEReFRO~ SECTION 32, HEREIN DESCRIBED, ALL OF THE OIL. GAS AND PAGE 35 • • MINERil AND MINERAL RIGHTS, LYING BENEATH A DEPTH OF 500 FEET FROM THE ,. SURFACE OF SAIOLAND, TOGETHER WITH THE RIGHT OF ENTRY AT ANY POINT IN -'SUCH' LAND LV ING ~"BELOW SA 10 DEPTH FOR THE PURPOSES OF EXPLORI NG, DRILLING • CONY~YIt:t~' AND' REMOVAL OF ANY SUCH SUBST ANCES AND INSTALLAT ION OF eQUI PMENT .. , .r AtfO PIPELINES FOR SUCH PURPOSES, PROVIDED THAT ANY SUCH ENTRY AND ACTIVITY \ . ; ... :.p UPON SAID LAND fOR SUCH PURPOSE SHALL BE CARRIED OUT IN SUCH MANNER AS TO ~, ~ :~. AVOID ANY INTERFERENCE WITH THE USE OF THE SURFACE OF SAID LAND,AS \ ...•.. EXCE·PTED IN OEEDS FROM FAWCO, A PARTNERSHIP, WILLIAM S. BARTMAN, FRED A. ". 8ARTMAN,' JR., BER'NARD 'CITRON, AND HARRY J. L. FRANK JR., ReCORDED ',:APRIL 21. 1966 UNDER RECORDER'S fILE NO. 66913 AND 6656S. ·~·.AlSO EXCEPT THER:eFROM SAID PORTION OF SECTION 3Z, ABOVE ALL MINERAL RIGHTS· .~ AND' ALL OIL. GAS,'PETROlEUM, OR OTHER HYDROCARBON SUBSTANCES WITHIN OR ,j • :'. UNDERLYING SAID LAND WITHOUT RIGHT OF SURFACE ENTRY AS RESERVED IN DeEDS I: 'EX~CUTED BY REGINALDO MARRON AND CAROLINE MAR~ON, RECORDED IN BOOK 6699, .... PAGE 264 OF OfF ICIAL RECORDS AND BOOK 171Z PAGE 1t77 OF OFFICIAL RECORDS • . PARCEL Cl :~ THAT' PORTION' OF LOTS 14 THROUGH IS INCLUSIVE, AND LOTS 37 THROUGH "2 "INCLUS IVE, OF liOSP. EUCALYPTUS FOREST COMPANY'S TRACT, IN THE CITY .• " OF CARLSBAO',' IN: THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING •. ~-'TO MiP"THEREOF NO. 1136 FILED IN THE OFFICE OF COUNTY RECORDER OF SAN •. -~'DleG'O COUNTV ... ·TOGETHER WITH A PORTION OF EUCALYPTUS STREET AS VACATEO AND " .. ;~CLOSED TO PUBLIC USE DESCRIBED AS FOLLOWS: ~ .'. : • ,. . i- , • ~ .. , .. 8EGIf(NINGAT. THE NORTHWEST CORNER OF SAIO PARCEL MAP NO. 1569, THENCE ' .. -~ALaNG THE W~STERLY LINE THEREOF SOUTH 962.19 FEET, THENCE LEAVING SAID ... "' .. ~ WESTERLY LrNE' NORTH 76°30'00" WEST '331.90 FEET TO THE BEGINNING OF A ... , ~ ... ~ T4NGENT 8"21=00T RADIUS CURVE, CONCAVE SOUTHERLY, THENCE WESTERLY' ALONG ~.~ ... " THE 'ARC OF SA1D' CURVE THROUGH A CENTRAL ANGLE OF Itz030'00" A DISTANCE'iOF • ..... ~. -624.;56 FEET, THENCE TANGENT TO SAID CURVE SOUTH 61°00'00" WEST 114·.l6 FEET' ,~'" ·,·':'TO THE'BEGINNING OF A TANGENT 158 FOOT RADIUS CURVE, CONCAVE : ....... .," NoRTHWESTERLY, THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A "~~'~,,·~CENTRALANGL1:' of 13°24'44" A DISTANCE OF 171.44 FEET, THENCE TANGENT 'TO 1 •. ~ t ... • · ,.~ .~~ SAID CURVE SOUTH 74°24'44" WEST 140.00 FEET TO THE BEGINNING OF A",TANGENT . ;.' . .,f 158 'FOOT' RADIUS CURVE , CONCAVE NORTHERLY; THEfiCE WESTERLY ALONG SAID CURVE t:'-~~. TO n.fE'SOUTHERLY PROLONGATION OF THE WESTERLY LINE OF SAID LOT 37; THENCE .... -~. NORlHERLY'TO AND ALONG SAID WESTERLY LINE TO THE NORTHWESTERLY CORNER OF ~--S,Ali)' LOT.3l;" TH~NCE ALONG THE NORTHERLY LINE OF SAID LOT SOUTH 89·42'19" ·f' ... EAST' TO'A POINT tN THE WESTERLY LINE OF SAID LOT 3S; THENCE NORTH 0°25'14"-"~ ,,;. EAST ALONG SAID" WESTERLY LINE TO THE NORTHWEST CORNER THEREOF; THENCE · ~ ~t' .,.. ALONG THE NORTHERLY LINES OF SAID LOTS 38, 39, ItO, 41 AND 1t2 SOUTH ..• ; ._" 890 42'19. EAST 131"2.13 FEET TO THE POINT OF BEGINNING. ~. ,.' ,! '!' . ~ .. ~ ... PARCEL D: f • ". ': A ST~IP"OF LAND.8Z.00 FEET IN WIDTH LYING WITHIN LOTS 14 THROUGH 18 ., INCLUSIVE, LOT 21, L·OT22 AND LOT 23 (I F ANY), LOTS 32 THROUGH 37 INCLUSIVE, AND LOT 38 elF ANY) OF HOSP. EUCALYPTUS fOREST COMPANY'S TRACT, 1014336-A"D . PAGE 36 " 4 11 .. • I • " 1" THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ,-ACCORDING TO .AP THEREOF NO. 1136 FILED IN THE OFFICE OF COUNTY RECORDER ., OF SAN 'D1EGO 'COUNTY, ,TOGETHER WITH A PORTION OF EUCALYPTUS STREET AS , , ,-VACATeD AND CLOSED TO PUBLIC USE, THE NORTHERLY AND NORTHEASTERLY LINE OF ,S~ID'STRIP BEtN~ OESCRIBED AS FOLLOWS: .. ' • ' • 1" ~ , , ,'" r ,: BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL MAP NO. 1569, THENCE • t, 1 •• ' ALONG THE WESTERLY LINE THEREOF SOUTH 962.19 FEET TO THE TRUE POINT OF , • '. BEG'INNING' Of THE, HEREIN' DESCRIBED LINE, THENCE LEAVING SAID WESTEltLY LINE ,.1 NORTH 76-301'00. WEST 331.90 FEET TO THE BEGINNING OF A TANGENT 84Z'FOOT ~. , ,,' RAOIUS CURVE, CONCAVE SOUTHERLY, THENCE WESTERLY ALONG THE ARC OF'SAIO' l :" · .. ttr,uRve' THROU~H A CENTRAL ANGLE OF 42°10'00" A DISTANce OF 624.56 FEET, " ::' :, j~':,lHENCE TANG,E,MT TO SAID CURVE SOUTH 61°001 00" WEST 174.26 FEET TO TAE " : ~. ';;0' eEGINNING OF A TANGENT 758 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, -, , . ·I· .... '·;j < .. • , : : ,.~ TttENCE SOUTHWESTERLY ALONG THE ARC OF SA 10 CURVE THROUGH A CENTRAL ANGLE : ~ !'!"OP 130 24'44" A DISTANCE OF 177.44 FEET, THENCE TANGENT TO SAID CURVE , .,: ··,,:"SOUTH 74°24 1 44" WEST 42.40 FEET TO THE END OF SAID 82 FOOT STRIP, THE J." ._. SOUT,HERLY LINE OF'SAID STRI P WILL BE PROLONGED OR SHORTENED TO TERMINATE i r .', ON THE 'EAST IN THE SOUTHERLY PROLONGATION OF THE WEST LINE SAID PARCEL MAP n.' , 'NO. 1569 AND' ON THE WEST IN A LINE SEARING SOUTH 150 35'16" EAST. , ... ' ' , .' ' , •.• ' -:' PAR~ELE: PARCEL 2 OF PARCEL, MAP NO. 1569, IN THE CITY OF CARLSBAD, IN THE COUNTY •• OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF FILED IN THE :~QFFICe'OF COUNTY RECORDER OF SAN DIEGO COUNTY,8EING A DIVISION OF ' PORTIONS OF SECTION 32, TOWNSHIP 11 SOUTH, RANGE 4 WEST, SAN BERNARDINO·' I' ~, ' . ; .. ' ,MERIDIAN, ACCORDING TO OFFICIAL PLAT THEREOF, TOGETHER WITH PORTIONS OF .... ,'. lQT S 13; lit AND 42 OF HaSP. EUCALYPTUS FOREST COMPANY'S TRACT, ACCORDING ~~. ~ TO MAP 'THEREOF NO. 1136 FILED IN THE OfFICE OF COUNTY RECO~DER Of SAN no: ~ '" DIEGO COUNTY AND PORTIONS OF EUCALYPTUS STREET AS VACATED AND CLOSED TO w,O PUBL IC USE. ,:,~; , ...... " . ' EXCEPT THEREFRm4 SAID SECTION 32 HEREIN DESCRIBED, ALL MINERAL RIGHTS AND t', • Al'L OIL,' G.S', PETROLEUM OR OTHER HYDROCARBON SUBSTANCES WITHIN OR P' .. :' Ut~OeRLYIN~ ,S'AID LAND WITHOUT RIGHT Of SURf-\CE ENTRY AS RESERVED IN DEEDS tt'! ,. EXECUTED 8Y REGINALDO MARRON AND CAROLINE MARRON, RECORDED IN aOOK 6699 "-t ',PA~E, 264 OF OFFICIAL RECORDS, AND BOOK 7112 PAGE 417 OF OFFICIAL RECORDS. '.!-:. .-' VI!} '~ -ALSd EXCEPT THEREFROM SECTION 32. HEREIN DESCRIBED ALL OF THE OILi GAS, .~ ANQ' ,'MINERAlS A~D MINERAL RIGHTS, LYING BENEATH A DEPTH OF 500 fEET FROM .. " f! .... " .. ' -.THe~SURFACe nf,SAID LAND, TOGETHER WITH THE RIGHT OF ~NTR' AT ANY 'POINT IN • SUCH LAND LYING BELOW SAID DEPTH FOR THE PURPOSES OF EXPLORING, DRilLING. "CONiEYING, ANOiE"O~AL Of ANY SUCH SUBST-\NeES AND INST~LLATION OF E9UIPMENT AND PJPELINES FOR SUeH PURPOSES, PRO~IDED THAT ANY SUCH ENTRY ~ND ACTIVITY UPON SAID LAND FOR SUCH PURPOSE SHALL BE CARRIED OUT IN SUCH "MANNER AS TO AVOID ANY INTERFERENCE WITH THE USE OF THE SURFACE OF SAID ('AND. AS EXCEPTED IN OEEOS~ FROM fAMeO, A PARTNERSHIP, WILLIAM S. BARTMAN, fRED-'A~ 8ARTMAN JR., BERNARD CI TRON, AND HARRY J. l. fRANK, JR •• RECORDED APRll,:Zl, ,1966 UNDER, RECORDER'S FILE NO. 66913 AND 66568. 1014336-'A"0 PAGE 37 t 'l • , ' .... PARCEL F: -'\" I. • ' •. PARCEL 3' Of PARCEL, MAP NO. 1569, IN THE CITY Of CARLSBAD, IN THE COUNTY ~~' m=' ~AN DteGO~ STATE Of CALIfORNIA, ACCORDING TO MAP THEREOf FILED IN THE t... ~:. OFfi'CE Of COUNTY RECORDER OF SAN DIEGO COUNTY, BEING A DIVISION OF •• ::' PORTIONS OF SECTION 32, TOWNSHIP 11 SOUTH, RANGE" WEST, SAN 8ERNARDINO ,~ " . ,:., MERIDIAN, ACCORDING TO OffICIAL PLAT THEREOF, TOGETHER WITH PORTIONS OF LOTS 13, I~AND '~2' Of HOSP. EUCALYPTUS FOREST COMPANY'S TRACT, ACCORDING' ',. 'TO MAP THEREOf NO. 1136 fILED IN THE OFfICE OF COUNTY RECORDER OF SAN · ,. ! '~D'IEGO COUNTY AND PORTIONS OF EUCALYPTUS STREET AS VACATED AND CLOSED TO , • '" PUBLIC USE • .. "; . . • t! • I " .. . ' .. , -, EXCEPT"THEREFROM SAID SECTION 32 HEREIN DESCRIBED, ALL MINERAL lIGHTS AND : 'lL rilL, GAS, PfTRO(EUM OR OTHER HYDROCAR80N SUBSTANCES WITHIN 'OR " 'UrfDER£YfNG-SAID LAND WITHOUT RIGHT OF SURFACE ENTRY AS RESERveD IN' OEEOS ,';.';,'EXECUTED BY REGINALDO MARRON AND CAROLINE MARRON, RECORDED IN 800K 6699' ,,: PAGE 2" OF OFFICIAL RECORDS, AND BOOK 7712 PAGE ~11 OF OFFICIAL RECORDS. . ';.-." i . .... • t ~... '. - '" ALSO EXCEPT THEREFROM SECTION 32, HEREIN DESCRI8ED ALL OF THE Oll,'GAS, ) .• AND"MINERAlS AND MINERAL RIGHTS, LYING BENEATH A DEPTH OF 500 FEET FROM ~·t~· ~ THE~SURFACEOF SAID LAND, TOGETHER WITH THE RIGHT OF ENTRY AT ANY POINT' IN" ..,~. '" , .. , .. ,.. SUCH LAND' LYING 8ELOW SAID DEPTH FOR THE PURPOSES OF EXPLORING, DRILLING, ~t .. : CONVEYING,' AND REMOVAL OF ANY SUCH SUBSTANCES AND 1 NSTALlATION OF , \ , •. ,' EQU'lPMENT AND PIPELINES fOR SUCH PURPOSES, PROVIOEO THAT ANY SUCH ENTRY : .. t,! : ' APfDACTI vltY UPON SAt 0 LAND FOR SUCH PURPOSE SHALL 8E CARRIED OUT IN SUCH 'f',. MANNER AS TO AVOID ANY INTERFERENCE WITH THE USE OF THE SURFACE OF SAID LAND~ AS EXCEPTED IN DEEDS, FROM FAWCO, A PARTNERSHIP, WILLIAM S. BARTMAN, fRED'~'; 8ARTMAN JR., BERNARD CITRON, AND HARRY J. L. FRANK, JR., RECORDED .. ~ APRIl 21,1966 UNDER RECORDER'S FILE NO. 66913 AND 66568 • ... , PARC,~L G: t .... PARCELS 1 THROUGH 11 Of PARCEL MAP 1569 IN THE CITY OF CARLSBAD, IN THE • C' 'COUNTY OF SAN DIEGO, STATE Of CALIFORNIA, ACCORDING TO MAP THEREOF FILED ... ~. IN 'THE OfFICE OF COUNTY 'RECORDER OF SAN DIEGO COUNTY, BEING A DIVISION OF "~ PORTIONS' OF 'SECTION 32, TOWNSHIP 11 SOUTH, RANGE 4 WEST, SAN BERNARDINO ".,;.: MER"I'DIAN,"ACCORDING TO OFfICIAL PLAT THEREOF, TOGETHER WITH PORTIONS OF ... ~~r lOTS" 13" 14 AND 42 OF HOSP. eUCALYPTUS fOREST COMPANY'S TRACT, ACCORDING .... -"r-TQ, KAP"T~eREOF NO.'-1136 FILED IN THE OFFICE Of COUNTY RECORDER OF' SAN T': DIEGO COUNTY AND PORTIONS OF EUCALYPTUS STREET AS VACATED AND CLOSED TO PtlSLtC USE. r 'I~~:.' . J " EXCEPT"THER'EFROM SAID SECTION 32 HEREIN DESCRIBED, ALL MINERAL RIGHTS AND All OIL. GAS, P~TROLEUM OR OTHER HYDROCARBON SUBSTANCES WITHIN OR ·i~;" UNDERLYING SAID "LAND WITHOUT RIGHT OF SURFACE ENTRY AS RESERVED IN DEEDS ~\. ," EXECUTED" BY REGINALDO MARRON AND CAROLINE MARRON, RECORDED IN 800K 6699 !~f 'f PAGE 264 OF OFFICIAL RECORDS, AND BOOK 7112 PAGE 411 OF OFFICIAL RECORDS. , '. , L 1014336-AMO PAGE 38 • t r , • II ',. AlSQ~ EXCEPTT,HEREFROM SECTION 32, HEREIN DESCRIBED ALL Of THE OIL. GAS, ~I , AND MINERALS AND MINERAL RIGHTS, LYING BENEATH A DEPTH Of 500 fEET FROM , THE "SURfACE Of SAID LAND, TOGETHER WITH THE RIGHT Of ENTRY AT ANY POINT IN -;,. SUCH LAND LYING BELOW SAID DEPTH FOR THE PURPOSES Of EXPLORING, DRILLING, .•.. CONVEYING, AND REMOVAL OF ANY SUCH SUBSTANCES AND I NSTALLATION OF EQUIPMENT AND PIPELINES FOR SUCH PURPOSES, PROVIDED THAT ANY SUCH ENTRY " AND~ ACTIVITY UPON SAID LAND FOR SUCH PURPOSE SHALL BE CARRIED OUT IN SUCH !' MANNER AS TO AVOID ANY INTERfERENCE WITH THE USE Of THE SURfACE Of SAID "LANti~ AS EXCEPTED IN DEEDS, FROM fAWCO, A PARTNERSHIP. WILLIAM S. 8ARTMAN, ;", .. :fREO A.' BARTMAN JR., 8ERNARD CITRON, AND HARRY J. L. fRANK, JR., RECORDED .,: APRil 21t 1966 UNDER RECORDER'S fILE NO. 66913 AND 66568. " , J 'PARCEL H: PARCEL 5 OF PARCEL, MAP NO. 1569, IN THE CITY Of CARLSBAD, IN THE COUNTY 'f ,_ OF SAN'DIEGO, STATE OF CALIfORNIA, ACCORDING TO MAP THEREOf fILED IN THE '. 'OfFICE':OF COUNTY RECORDER OF SAN DIEGO COUNTY, BEING A DIVISION OF PORTIONS Of SECTION 32, TOWNSHIP 11 SOUTH, RANGE 0\ WEST, SAN BERNARDINO . ~ ',,: MERIOIAN~ ACCORDING TO OfFICIAL PLAT THEREOF, TOGETHER WITH PORTIONS OF ,.', lOTS 11. 14 ANO' 42 Of HOSP. EUCALYPTUS FOREST COMPANY'S TRACT, ACCORDING '~ TO MAP '. THEREOF NO. 1136 FILED IN THE OffICE OF COUNTY RECORDER Of SAN , I' ~J _~ 'DIEGO tOUNTY AND PORTIONS OF EUCALYPTUS STREET AS VACATED AND CLOSED TO' • PU8LIC'OSE. t, ;. ".~ 'r.' ; "I eXCEPT THEREfROM SAID SECTION 32 HEREIN DESCRIBED, ALL MINERAL RIGHTS AND " ',. ALL OIL. GAS, PETROLEUM OR OTHER HYDROCAR80~ SU8STANCES WI THIN OR f" UNDEf3.lYING SAIO',LAND WITHOUT RIGHT OF SURFACE ENTRY AS RESERVEO IN OEEDS EXECUTEO BY REGINALDO MARRON AND CAROLINE MARRON, RECORDED IN BOOK 6699 -'-PAGE 26ft OF OfFIC'IAL RECORDS, AND BOOK 1112 PAGE 1t11 Of OfFICIAL RECORDS. ~ tie .. : ... ','"ff ~". I i ALSO e~CEPT THE~EFRO" SECTION 32, HEREIN DESCRIBED ALL OF THE OILt GAS, •• AND-MINERALS AND MINERAL RIGHTS, LYING BENEATH A DEPTH OF 500 FEET fROM 'i~THE'JURFACE OF SAID'LAND, TOGETHER WITti THE RIGHT OF ENTRY AT ANY POINT IN ,. '. SUCH LAND LYING BELOW SAID DEPTH FOR THE PURPOSES OF EXPLORING, DRILLING, . ! ".~, CONVEYING, AND REMOVAL OF ANY SUCH SUBSTANCES AND I NSTALlATION Of ... ; . " .... , E'QUIPMENT AND PIPELINES FOR SUCH PURPOSES, PROVIDEO THAT ANY SUCH ENTRY .. AND ACTIVITY UPON SAID lAND FOR SUCH PURPOSE SHALL BE CARRIED OUT iN SUCH MANNER"AS TO AVOID ANY INTERFERENCE WITH THE USE OF THE SURFACE OF SAID L~NO, AS EXCEPTED IN D~EDS, fROM FAWCO, A PARTNERSHIP, WilLIAM S. BARTMAN, fReD A.'BARTMAN JR., 8ERNARO CITRON, AND HARRY J. L. FRANK, JR., RECORDED APRIL 21, 1966 UNDER RECORDER'S FILE NO. 66913 AND 66568. PAR~EL I: , "PARCEL 0\ Of PARCEl, MAP NO. 1569, IN THE CITY OF CARLSBAD, IN THE' COUNTY • ,Of SAft OIEGO" .. 'STATE OF CALIFORNIA, ACCORDING TO MAP THEREOf FILED IN THE • QFflCE OF COUNTY RECORDER Of SAN DIEGO COUNTY, BEING A DIVISION Of .. '~, :' PORTIONS OF SECTION 32, TOWNSHIP 11 SOUTH, RA~GE ft WEST, SAN BERNAROINO > :,.:. ~~RIOI4N, ACCORDING TO OFfICIAL PLAT THEREOF, TOGETHER WITH PORTIONS OF , , .. t·· , ,,-10 14336-.\MO PAGE 39 • f • . ,;LOT~ f~", lit ANOlt2 OF HOSP. EUCALYPTUS fOREST COMPANY'S TRACT, ACCORDtNG . , .. " TO MAP THEREOf NO. 1136 fILED IN THE OffiCE OF COUNTY RECORDER OF SAN ." ,".", DIEGO COUNTY AND PORTIONS Of EUCALYPTUS STREET AS VACATED AND CLOSED TO " PUBLIC 'USE. 1oI,',i·," • '. • .. ., 'j " 'EXC~'.P.TTHER£f~9,M S~ID SECTION 32 HEREIN DESCRI8ED, ALL MINERAL RIGHTS AND '.', ALI,. Otl.' GAS, PETROLEUM OR OTHER HYDROCARBO~ SUBSTANCES WITHIN OR , ;UNOESlYING S'AID' LAND WI THOUT RIGHT OF SURfACE ENTRY AS RESERVED tN OEEDS -, .. ~;:~ EXECflTED BY 'REGINALDO MARRON AND CAROLINE MARRON. RECORDED IN 800K 6699 " .: . PAGE 261t OF OfFICIAL RECORDS, AND BOOK 1112 PAGE 411 Of OFfiCIAL RECORDS~ J.." I, ' "';,' ·-to , '. p~'A(~a'E~CEPT THEREF~O" SECTION 32, HEREIN DESCRIBED ALL OF THE OIL, GAS,-r;: ANO'MIHER"'S AND MINERAL RIGHTS, LYING BENEATH A DEPTH OF SGO fEET FROM • ~'T'HESuRfACE tlF SAID LAND,' TOGETHER 'WITH THE RIGHT OF ENTRY AT ANY POINT IN" -: • < ..... : ,· .. t • ;: . SUC~ LAND L YI,NG BElD", SAID DEPTH FOR THE PURPOSES OF EXPLORING, DRILLING, '.~' ,-' CONVEYING,AND REMOVAL OF ANY SUCH SUBSTANCES AND I NSTALLAT ION OF " , :t~ EQU~~PMENTANti :PIPELINES FOR SUCH PURPOSES, PROVIDED THAT ANY SUCH ENTRY , . • ' -'~' AND, 'ACTIVITY UPQN SAID LAND FOR SUCH PURPOSES SHALL BE CARRIED OUT IN SUCH --'MANNER 'AS TO AVOID ANY INTERFERENCE WITH THE USE Of THE SURFACE OF SAID .• ' lA~D, AS EXCEPTED 'IN DEEDS, FROM FAWCO, A PARTNERSHIP, WILLIAM S.8ARTMAN, -,~. FRED A.'8ARTMAN; JR., BERNARD CITRON, AND HARRY J. L. FRANK, JR •• 'RECORDED , . ; . APRil 21, 1966 UNDER RECORDER'S FILE NO. 66913 AND 66568. 1011t136-AMO PAGE Ita I I I I I I I . 1 I I I I I I I I I I ; , TITLE I~SUQANCE AND TRUST 220 "A" STREET P.C. 90X llse S~N CIEGO, CALIFC~NIA S2112 714-239-6081 MAY STORES S~OPPI~G CENTE~, I~C. 10738 WEST PICD BLVD., SUITE 1 LCS ANGELES, CALIFCRNIA 90064 ATTN.: t-ER8 ROTH J~"UARY 6, 1978 YCU~ REFERENCE: CUR CRDER Ne. : CARLS8AD TRACT 76-18 1014336 -A~E~CED -21\D PRELIMINARY SUBDIVISICN REPCRT FCR TENTftlIVE MAP • FOR THE BENEFIT CF l~E SLBDIVICER, THE sueCIVIOER'S ENGINEER, THE COUNTY OF SA~ DIEGO, AND AN~ CITY WITHIN WHICH THE SUBCIVISICN IS LGCATEe. IN CONNECTION WITH THE FROPCSEO RECCRC~TICN OF THE SU8DIVISICN ~AP, A PRELI~INARY EXA~l1\ATICN CF T~OSE PUBLIC RECCRDS ~HIC~ UNDER TrE RECCROING LA~S IMPART CCNSTRUCTI~E NOTICE (F ~ATTERS RELATING TO SAID LA~Dt DISCl(SES THE FOLLCWING MATTERS. CATED AT 7:30 A.~. AS CF DECE~BER 29, Ig77 TITLE OFFICER: STEwART/HCWlAND SIG~ED' -W .'5flr~ VESTEE: PLAZA CA~INO REAL, A CAlIFC~NIA LIMITED PARTNERSHIP, AS TO PARCEL A AI\O THAT PGRTION CF PARCEL C LYING EASTERLY AI\D ~CRTHERLY OF A LINE OESCRIEEC AS FOLlCWS: BEGINNING AT THE SOUTHEAST COR~ER OF THE N(Rlr rALF OF TPE NORTHEAST CUARTER OF SECTION .31, TOWNSHIP 11 SGUTH, RANGE 4 WEST, THE~CE ALONG THE SOUTH LINE OF SAID NORTH H~lF NCRTr 89°42'19« "EST 1304.70 fEET, THE~CE OlE SOUTH ~32.qq fEET, T~ENCE SOUTH 76°30'CO" EAST 1265.00 FEET. AN VEST t~ PLAZA CA~INC REAL, ~ CALIFORNIA LIMITEC PARTNERSrIP. AS TO TreSE POR T IOl\S OF PARCELS "cr' AND "0 11 lYING w I Hi IN A PARCEL OF LAND SITUATE IN THE CITY OF CARLSBAD, IN TrE CCL~TV CF SAN DIEGO, STATE OF CALIFORNIA, BEI~G A PORTION OF SECTICN 31, l014~36-AMD PAGE 1 11i • I I I I I I I I I I I I I I I I I I ., TOWNSHIP 11 SOUTH. RANGE ~ WEST? SAN BERNARCING ~ERIDIAN, ACCGRDING TO OFFICIAL PLAT THEREOF AND PORTICNS CF LCTS 19. 20 AND 33 AND CF EUCAl~PTU5 SlREET. ALL CF "HCSP EUCALYFTUS FOREST CCMPANY'S TRACT? ACCORDI~G TO MAP THEREOF ~O. 1136 FILED IN THE OFFICE CF CCUNTY RECCRCER CF SA~ DIEGO COUNTY, BEING MORE PARTICULARLY DESCRleEC AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE NCRTh rAlF OF THE NORTHEAST QUARTER OF SECTleN 31. TOWNSHIP 11 SOUTH. RANGE 4 WEST; THENCE ALONG THE SOUTH LINE OF SAID ~ORTH HALF NORTH 890 42'19" WEST 1304.70 FEET; THENCE CUE SCUTH 832.99 FEET; THENCE SOUTH 76°30'00" EAST 1265.CO FEEl; THeSE PORTIONS CF PARCELS "C" AND "0" LYING W[THIN A PARCEL OF LAND SITUATE IN TrE CITY OF CARLSBAD, IN THE COUNTY CF SAN CIEGO, STATE CF CALIFORNIA~ BEING A PORTION OF SECTICN 31. TOWNSHIP 11 SOUTH, RA~GE 4 WEST, SAN BERNARDINO MERIDIAN, ACCORCING TO OFFICIAL PLAT THERECF AND PORTIONS CF LOTS l~. 20 ANO 31 AND OF EUCALYPTUS STREET, ALL OF HOSP EUCAL~PTUS FCREST COMP~N~'5 IRACT ACCCRDI~G TC MAP THEREOF NO. lI3e, FILED IN THE OFFICE CF COUNTY RECCRDER OF SAN DIEGO COUNTY. eEI~G MORE PARTICULARLV DESCRIBED AS FaLLOwS: BEGINNING AT THE SOUTHEAST CGR~ER OF THE NORTH PALF tiF ThE NORTHEAST QUARTER CF SECTION 31: TOWNSHIP 11 SOUTH, RANGE 4 WEST; T~ENCE ALONG THE SOUTH LINE OF SAID ~ORTH HALF ~ORTH 89 0 42'19" WEST, 404.27 FEET; THE~CE SCUTH, 962.19 FEET TC THE NORTHERLY LINE OF MARRON ROAC (82 FEET ~ICE); THENCE NORTh 16 Q 30'CO" WEST, 331.90 FEET TO THE 8EGINNING OF A TA~GENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 842.00 FEET~ T~ENCE WESTERLY ALONG SAID CUR~E THROUGH A CE~TRAL A~GLE OF 42°30'OC" A CISTA~CE OF 624.56 FEET; THENCE SCUTH 61°CC'00" WEST, 174.26 FEET TO THE BEGINNING OF A TANGENT CURVE CG~CAVE NORTH~ESTERLY HAVI~G A RADIUS OF 158.00 FEET; THE~CE SOUTHWESTERLY ALO~G SAID CURVE THROUGH A CENTRAL ANGLE OF 13°24'44" A D[STANCE CF 117.44 FEET; THENCE SOUT~ 74°24'44" WEST, 42.40 FEET TO THE TRUE PCINT CF BEGINNING; THENCE SOUTH 74°24'44" WEST. 91.60 FEET TO THE BEGINNING Cf A TANGENT CURVE CCNCAVE NORTr.EASTERLY HAVl~G A RADIUS Of 758.00 FEET; THE~CE ~CRTHWESTERLY ALONG SAIO CURVE THROUGH A CENTRAL ANGLE OF 60°31'00" A DISTANCE OF 80C.61 FEET; THE~CE NORTH 45°04'16" WEST, 13C.00 FEET TO THE BEGI~NI~G OF A TANGENT CURVE CONCAVE NCRT~EASTERLY HAVING A RADIUS OF 558.00 FEET; THENCE NeRTHERLY ALCNG SAID CURVE THRClGH A CENTRAL ANGLE CF 31°04'59" A DISTANCE CF 3C2.12 FEET; THE~CE ~ORTH 13°59'11" WEST, lCO.OC FEET TO TrE BEGIN~ING CF A TANGENT CURVE CG~CAVE EASTERLY rAVING A RADIUS CF 55€.CO FEET; THENCE NCRTrERLY ALONG SAID CURVE THROUGH A CE~TRAL A~GLE OF 14°17'17" A CISTANCE CF 139.15 FEET TO A PCI~T IN IrE SCUTHERLY RIGHT CF wAY CF MARRON ROAC (82 FEET WIDE); THE~CE NORTh 89°42-00" WEST. 82.00 FEET ALCNG SAID RIGHT OF WAY lI~E Te TrE BEGINNING OF A NO~-TANGENT CUR~E CCNCA~E EASTERLY ~A~I~G A PAOIUS OF 640.00 FEET; THE~CE SOUTHERLY ALONG SAID CUR~E T~RCLGH A CENTRAL ANGLE OF i4°17-11" A DISTANCE OF 159.60 FEET TO THE eEGI~NING OF A ~EVERSE CURVE lC14336-AtJO PAGE 2 I~ I I I I I I I I I I I I I I I I I I .1 CONCAVE NORThWESTERLY rAVING A ~AOIUS OF 20.00 FEET; THENCE SOUTHwESTERLY ALONG SAID CLR~E TrROUGH A CENTRAL ANGLE OF 90°00'00· A DISTANCE OF 31.42 FEET; THENCE SCUTH 76°00·00" WEST~ 122.50 FEET TO THE BEG[~NING GF A TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS CF 530.CO FEET; TrENCE wESTERLY ALONG SAID CURVE THROUGP A CE~TRAl ANGLE OF 40°48'08" , OIST~NCE OF 377.43 FEET TO A PCI~T IN THE ~IGHT OF WAY LINE CF JEFFERSON STREET (60 FEET WIDE); THENCE SCUTH 54°47'2SH EAST, 60.00 FEET TO THE BEGINNING Of A NCNTANGENT CURVE CONCAVE SCUThERLY HAVING A RADIUS OF 470~00 FEET; THE~CE E~STERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 40°48'08" A OISTA~CE CF 334.10 FEET; THENCE NORTH 16°00'00" EAST 122.50 FEEl TO THE BEGINNING OF A TANGENT CURVE CCNCA~E SOUTH"ESTERLY HAVING A RADIUS OF 20.00 FEET; THENCE SOUTHEASTERLY ALOhG SAle CURVE THROUGh A CENTRAL ANGLE OF 90°00'00" A DISTANCE OF 31.42 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHEASTERLY hAVING A RADIUS CF 640.00 FEET; THENCE SOUTHERLY ALONG SAID CUR~E THROUGH A CENTRAL ANGLE OF 31°04'59" A DISTANCE CF 341.20 FEET; THENCE SCUTH 45°04'16" EAST. 130.00 FEET TC THE BEGI~~ING OF ~ TANGENT CURVE CO~CAVE NORTHEASTERLY HAVING A RADIUS CF 840.00 FEET; T~E~CE SOUTHEASTERLY ALONG SAID CURVE T~ROUGH A CENTRAL A~GLE CF 60°31'00" A DISTA~CE OF 881.22 FEET; THENCE NCRTH 74~24'44H EAST. Q7.60 FEET; THENCE NORTH 15°35'16" WEST y 82.00 FEET TG THE TRUE PGI~T Of BEGINNING. AND VEST IN: THE PARKING AUTHORITY CF THE CITY OF CARLSBAD, ~ pueLIC CORPORATION, AS TO P~RCEL B. AND VEST IN: THE ~AY STCRES SHOPPING CENTERS, INC., AS TO AN UNDIVIDED 50 PERCENT; BERNARD CITRO~, A ~ftR~IED ~AN AS HIS SOLE A~C SEPARATE PRCPERTY, AS TO AN UNDIVIDED 12 1/2 PERCENT; HARRY J. L. FRANK. JR., A MARRIED MAN AS HIS SOLE AND SEPARATE PRCPERTY, AS TO AN UNDIVIDED 12 1/2 PERCE~T~ FRED A. BARTMAN, JR., AS TC A~ UNDIVIDED 12 1/2 PERCENT1 F~ED A. BARTMAN, JR., NOR~A B. BARTMAN, THG~AS FRED 8ART~A~ AND kILLIA~ S. BARTMAN, JR., AS TRUSTEES UNDER THE MARITAL lRUST ESTAeLISHEO UNDER THE WILL CF kILLIAM S. BARTMAN, DECEASED, AS TC A~ CNDI~IDEO 6 1/4 PERCENT; ~~D FRED A. BARTMAN, JR., ~CRMA B. BART~A~, THOMAS FRED BARl~A~ A~D wILLIAM s. eARTMA~, JR., AS TRUSTEES UNDER THE RESIDUAL TRUST ESTABLISHEC UNDER THE WILL OF WILLIAM S. BARTMAN, DECEASED, AS Te AN UNCIVIDED 6 1/4 PERCENT AS TO T~E REMAINDER OF PARCEL C AND O. AND VEST IN: PLAZA CA~I~C REAL, A CALIFORNIA lI~ITED PAPT~ERSHIP, AN UNDIVIDED 50~ INTEREST AS A TENANT IN CO~~CN, AND THE MAY DEPART~ENT STORES CO~PANY, A NEW ~ORK CCRPCRATION, AN UNDIVIOEC 50% INTEREST AS A 1014336-~MO PAGE 3 I" I I I I I I I I I 1 " TENANT IN CO~MON. AS TC PARCEL E. AND VEST IN: ~AY PRGPERTIES, INC., A DELAWARE CORPORATION, AS Te P~RCEL F. AND VEST IN:: PLAZA (AMING REAL, A CAlIFCRNIA LIMITED PARTNERSHIP, AS TO PARCEL G. AND VEST IN: NEW MARJORA~ ASSOCIATES, A NEW YCRK GENERAL PA~TNERSHIP, AS TO PARCELS H Af\O I. E XC E PT ION S : EXCEPTICNS: THE FCLLOWING ITEMS ~FFECTS PARCELS A A~C B: • 1. GENERAL ANC SPECIAL COUNTY AND CITY TAXES PEPQRT TO FOLLOw. :1,' (2·~") THE F~CT TH~T THE OwNERS"'IP CF SAID L~f\O CCES NOT INCLLOE At\V '~~T OF INGPESS OR EGRESS TO OP FRO~ ThE HIGHWAY CCNTIGUCUS I THERETC, SAID RIGHT H~VING BEE~ RELlf\CUISHEO BY DEED i TO : STATE OF CALIFORNIA i RECORDED ~ SEPTE~eER a~ 1964 RECORDER'S FILE NO. 163432 i II I 1 I I I NCTE: SAID fREEWAY IS ACJACENT TC TrAT PCRTION CF THE NORTHERLY AND EASTERLY lI~ES OF THE HEREIN DESCRIBED LAND SHOWN AS HAVING THE FOLLOWING BEARINGS AND DISTANCES: NCRTH 3°45'41" wEST 10.00 FEET; ~CRTH 56°32'5a" WEST 100.34 FEET TO A POINT I~ THE ARC CF A 150 FOOT RADIUS CURVE, CONCAVE SOUTHERLY, A RADIAL LINE Cf SAID CURVE BEARS f\ORTH 28°33'21" EAST TO SAID POINT, WESTERLY ALONG SAID CURVE 81.31 FEET THRCUGh AN ANGLE OF 31°03'27", NON-TANGE""T TC SAID CLRVE seln· 89°12'51" WEST 167.13 FEET TO A POI~T IN THE ARC OF A 205 FCCT P~CIUS C~R~E, CONCAVE SCUT~ERLl, A RADIAL LINE OF SAID CURVE BEARS NORTH 2°30' WEST TO SAID PCINT wESTERLl ALONG SAle CURVE 125.78 FEET l~ROUGH AN ANGLE OF 35°09'13" TO A PCINT OF REVERSED CURVATURE HAVING A RADIUS CF 95 FEET, WESTERLY A~D NORTH~ESTERlY ALONG SAID CURVE 185.96 FEET. SAle CEEO RECITES IN PART AS FOLLOWS: "PRCVIOED, HO~EVER, TPAT SLC~ REM~INING PRCPERTY SHALL AeUT UPCN AND HAVE ACCESS TO SAID FRONTAGE RCAD W~ICH wILL BE,CONNECTED TO THE l014336-AMO PAGE 4 I'~ I I I I I I I I I I I I I I I I I I FREEWAY ONLY AT SUCH POINTS AS 'AY BE ESTAElISHED BY PU8lIC AUThCRITY." AFFECTS: PARCEL 1 OF PARCEl'MAP 1569 SAle MATTER AFFECTS: PARCEL 8 3. THE RECITAL CONTAINED IN THE OEED TC THE STATE OF CALIFORNIA RECORDED SEPTEMBE~ 8, 1964~ RECORDER'S FILE NC. 16;432. AS FellOWS: THE GRANTOR, fOR ITSELF, ITS SUCCESSORS AND ASSIGNS. HERESY ftAI~ES ANY CLAIMS FOR ANY AND All DAMAGES TO GRA~TCR'S REMAtNI~G PROPERTY CONTIGUCUS TO THE PRCPERTY hERESY CCNVEYED ey REASON OF ThE lCCATION. CONSTRUCTIO~, LA~DSCAPING OR MAINTENA~CE CF SAID HIGhftA~. SAID RECITAL AFFECTS THAT PCRTICN CF THE NCRTHERl~ A~D EASTERLY LINES Of THE HEREIN DESCRI8ED lAND SPOWN AS HAVt~G THE FOLLOWING 8EARI~GS AND OISTANCES: NORTH 3°45'47" hEST lC.OC FEET, NORTH 56°32'58" WEST 100.34 FEE~ TO A POINT IN THE ARC OF A 150 FCOT RADIUS CLR~E, CONCAVE SCUTHERLY~ A RADIAL lINE CF SAID CUR~E BEARS NORTH 22°33'27" EAST TO SAle POINT, WESTERLY ALONG SAID CURVE 81.31 FEET T~RCUGH AN t~GLE OF 31°C3'21", NQ~-TANGENT TO SAID CURVE SOUTH 89°12'51" hEST 167.13 FEET TO A POI~T I~ THE ARC OF A 205 FOOT RADIUS CURVE, CONCAVE SCUT~ERLY, A RACI~l LINE OF SAID CURVE BEARS NORT~ 20 30' WEST TO S~ID PCINT~ ~ESTERLY ALONG SAID CUR~E 125.18 FEET THRCUGH AN ANGLE OF 35°09'13" TC A paI~l OF REVERSED CUR~ATURE HAVING A RADIUS CF 95 FEET~ ~ESTERLY A~C ~CRTHWESTERlY ALONG SAID CURVE 185.q6 FEEl. SAIC MATTER AFFECTS: PARCEL 1 CF PARCEL MAP 1569 -AFFECTS PARCEL 8 4. AN EASEMENT PURPCSES STATED IN FA~CR OF : FOR RECCRDED AFFECTS -· · · · · AFFECTI~G THE PCRTION CF SAID LAND A~O FC~ THE HEREIN, AND INCIDENTAL PlPPCSES VISTA SANITAT[O~ DISTRICT AND THE CITY CF CARLseAD, AS TENANTS I~ CO~MCN SEWER PIPE lI~E OCTC8ER q, 1964 ~ECORCER'S FILE NO. 184917 PARCEL 1 OF PARCEL MAP 1569 SAle ~ATTER AFFECTS: PARCEL B SAle EASE~ENT 8EING MORE PARTICULARLY DESCRIeED AS FOLLOWS: TC-WIT ALL THAT PORTION CF THE NORTHWEST QUARTER OF SECTION 32, TCWNSHIP 11 SOUT~, RA~GE 4 WEST~ SA~ BER~ARDING ~ERICIAN, IN THE COU~TY CF SAN DIEGO, STATE CF CALIFORNIA, ACCCRDING TC UNITEC SlATES GOVERNMENT SURVEY APPROVED APRIL 5, 1881, LYING WIT~tN A STRIP CF LANG 15.00 FEET IN WIG1H~ lYING lC14136-AMO P~GE 5 I I I I I I I I I I I I I I I I I I I 1.50 FEET ON EACP SICE OF A CENTER LINE CESCRI8ED AS FOLLOWS: BEGI~NING AT A POINT CN THE CENTER LINE CF ROAD SURVEY g25 OF EL CAMINO REAL~ ACCORDtNG TO ~AP THEREOF eN FILE I~ THE OFFICE GF CCUNT~ SURVEYOR OF SAN DIEGC COUNTY; DISTANT THERECN SOUTH 3°46'0" EAST 241.5C FEET FROM THE INTERSECTION OF SAID CENTER LI~E hlTK THE CENTER LINE OF THE COUNTY HIGHhAY CGMMISSICN RELOCATICN OF RCUTE 14, DIVISION 1, ACCCRCING TO MAP THEREOF ON fILE IN THE OfFICE OF COUNTY SURVEYOR OF SAN DIEGO CCUNTY; THENCE SOUTH 810 42'36u ~EST 158.11 FEET; THENCE SGUT~ 74°41'19" WEST 641.e3 FEET TC A POINT IN T~E WEST LINE CF SAID SECTIC~ 32. eXCEPTING T~EREFROM THAT PORTICN LYING WITHIN ROAD SURVEY 925. THE Sloe LINES OF SAID 15.00 FaCT STRIP CF LAND TO BE LENGTHENED OR SHORTENED SO AS TO TERMINATE IN THE WESTERLY LINE OF SAID 'ROAD SURVEY q25 AND TrE WEST LINE OF SAID SECTION 32. REFERE~CE IS MADE TO SAle COCU~E~T FCR FULL PARTICULARS. 5. AN EASEMENT PURPOSES STATED IN FAVOR OF : AFFECTING THE PCRTION CF SAID LAND AND FOR T~E PEREIN. AND I~CIDENTAL PLRPOSES FOR : VISTA SANITATION DISTRICT AND THE CITV CF CA~LSBAO A SEWER PIPE LINE RECORDED : AFFECTS : OCTOBER 9. 1~64 RECORDER'S FILE NO. 184918 PARCEL 1 OF PARCEL MAP 1~69 SAIO ~ATTER AfFECTS: PARCEL B .THE NORTH 15 FEET OF LOTS 39, 40, 41 AND 42 OF Hasp ELCftLYPTUS fCREST TRACT NO.1. 6. THE RIGHT TO EXTE~C AND ~~I~TAI~ C~tI~AGE STRUCTURES AND EXCAVATICN AND E~BA~K~E~T SLOPES eEYCNC T~E LIMITS CF THE RIGHT OF WAY GRANTED THEREIN WHERE RECUIRED FeR CONSTRUCTIO~ AND MAINTENANCE GRA~TEO TO : CITY CF CARLSBAD RECCRDEO . . ~ARCH 11, 1~66 RECORCER'S FILE NO. 42245 SAle MATlER AFFECTS: PARCEL 1 CF PARCEL ~AP 1~t9 AFFECTS PARCEL B ~ . f (;.. ~. ~ 1. COVENANTS AND EASEMENTS AS CCNTAINED fN AN AGREE~ENT EXEceTEO BY FAWCO LTO., ET AL~ RECCRDED APRIL 21, 1~66 RECGROER'S FILE NC. 66916. REFERENCE IS ~ADE TO SAID DOCUMENT FeR FULL PARTICULARS. AN AMENDMENT TO THE ABOVE AGREEMENT WAS RECORDED JULY 28, 1969 AS DCCUMENT Ne. 135915 CF OFFICIAL RECORCS SAlt ~ATTER AFFECTS: l014336-AMD PAGE 6 I'" I I I I I I I I I I I I I '/ PARCELS ~ ANC B a. EASE~ENTS TOGETHER ~ITH THE FCWEP Te GRANT LICENSES FeR THE USE OF SAID EASEMENTS, AS GRANTED TO THE MAY OEPART~ENT STORES CCMPANY, A NEW YORK CGRPORATION. BY OEEO RECORDEC APRIL 21~ 1966 UNDER ~ECCRCER·S FILE NO. 66914. " ...... . SAle MATTER ~FFECTS: PARCELS A ANO B ...... ' 9. AN EASEMENT PURPOSES STATED IN FAVOR OF : FOR :' RECORDED ~FFECTS . . : AFFECTING THE PC~TION OF SAID LA~O A~C FeR THE HEREIN, AND I~CIDENTAL FURPOSES SAN DIEGO GAS £ ELECTRIC COMPANY, A CORPORATION A LINE OF PIPES FeR THE TRANSMISSICN ANO DlST~IBUTION OF GAS AND ALL PURFCSES CCNNEClED THEREWIT~ AT SUCH LOCA7IONS AhC ELE~ATIGhS IN, UPON, UNDER ANDleR ALONG THE HEREINAFTER OESCRIeED EASEMENT AND RIGHT OF WAY AS GRANTEE MAY NOW CR HEREAFTER DEEM NECESSARY CR CCNVENIENT FRO~ TI~E TC TI~E, TOGET~ER WITH T~E RIGHT CF INGRESS AND EGRESS BY A PRACTICAL ROUTE OR ROUTES I~, UPON, OVER ANa ACROSS THE ~EREINAFIER DESCRIBED LAND, C~ A~Y PORTION CR PCRTIOhS THEREOF, TOGETHER ~IT~ T~E RIGHT TO CLEAR AND KEEP CLEAR SAID EASEMENT ~ND RIGHT Of WAY, FRCM EXPLOSIVES, ~ATERIAlSy 8LILCINGS OR OTrE~ STRUCTURES, IMPLEME~TS CR CeSTRUCTIC~S OCHl8ER 4, 1968 RECORDER'S FILE NO. 173588 AND 173589 PARCELS A ANO e SAID DEED DOES NOT CCNTAIN THE L(CATIO~ CF S~ID EASE~ENT. NOTE: THE INTEREST OF SAN DIEGG GAS & ELECTRIC COMPA~Y, A CCRP(RATICN WAS ELIMINATED BY A QUITCLAIM DEEC RECORDED AUGUST 22, 1972 UNDER RECQRDER'S FILE NO. 223172 AS TO SAID LAND HEREIN DE5CRleED WITH ThE EXCEPTION CF CERTAIN STRIPS OF LAND e FEET WIDE AS MORE PARTICULARLY OESCRIBED IN THE A80VE REFERRED TO QUITCLAIM .DEEC AND THE ~IGHT CF INGRESS AND EGRESS THERETO AND THEREFROM. I NOTE: SAID REMAINI~G EASEMENT IS SHC~N CN PAGE 2 OF PARCEL MAP 1569. I I I I 10. AN EASE~ENT AFFECTING THE PCRTION OF SAle LAND A~C FeR THE PURPOSES STATED HEREIN, AND I~CIDENTAL FUPPCSES IN FAVOR OF : SAN DIEGe GAS & ELECTRIC COMPANY FeR : GAS PIPE LINES RECORDED : OCTCBER 4, 1968 RECORDER'S FILE NO. 17359C AFFECTS ~. AS FOlLCWS: THOSE CERTAIN 6.00 FOOT ~IDE STRIPS CF lA~C, BEING 3.00 FEET eN EACH AND EVERY SIDE OF T~E "GAS FACILITIES" AS THEY EXIST OR ftlll EXIST, THE LOCATIO~S OF WHICH ARE SHOWN ON THE PL~N MARKED EXHIBIT "A", ATTACHED HERETO AND BY T~IS REFERENCE MACE A PART HERECF. l014336-AMD PAGE 7 \ '. ~" " I'" , I I I I I I I I I I I I I I I I I 11. AN EASE~ENl AGREEMENT CATED SEFTEM8ER 19~ 1968 E~ECUTED BY AND BETWEEN PLAZA CA~INa REAL, ~ LIMITED PARTNERSHIP, HEREINAFTER CALLEe MfIRST PARTY", AND SAN DIEGC GAS & ELECTRIC COMPANY, A CGRPORATION, HEREINAFTER CALLED ·SECCND PART~", ~ECORCEG OCTOBER 4, 1968 RECCROER-S FILE NO. 113591.·/" i ' REFERENCE IS ~ADE TC SAle DOCU~ENT fOR FULL PARTICULARS. 12. AN EASEMENT AFFECTING THE PCRTION Cf SAID LANG ANC FeR THE PURPCSES STATED HEREI~, AND INCIDENTAL PlRPOSES IN FAVOR OF : SAN DIEGC GAS & ELECTRIC COMPANY, A CORPCRATICN fOR : UNDERGRCUND AND AeCVEGRO~ND ELECTRICAL FACILITIES AND ALL MISCELLANEOUS ECUIP~ENT AND MATERIAL CONNECTED THEREWITH, TOGETHER WITH l~E RIGHT CF INGRESS ANG EGRESS THERETO AND THEREFRCM ey A PRACTICAL ROUTE OR ROUTES IN, UPON, OVER AND ACRCSS THE HEREINAFTER DESCRIBED LANDS CR ANY RECCRDEO AFFECTS : . . PORlION OR PORTIONS THEREOF, TCGETHER wITH THE "RIGHT TO CLEAR AND KEEP CLEAR SAle EASEMENT ANC RIGHT OF WAY, FROM EXPLOSIVES, ~ATERIAlS, aVILDINGS OR OTHER STRUCTURES, IMPLEMENTS OR ceSTRUCTIONS, WITHOUT LIMITl~G THE GENERALITY OF TrE FCREGCING OCTOBER 4, 1968 RECORDER'S FILE NO. 1735S4 ANG 173595 PARCELS A AND B NOTE: THE INTEREST OF SAN ClEGG GAS & ELECTRIC COMP~N~t A CGRPORATICN WAS ELIMINATED BY A QUITCLAIM DEED RECCRDED AUGUST 22~ 1972 UNDER RECORDER·S FILE NO. 2231J2 AS TO SAID LAND PEREIN CESCRIBED WITH THE EXCEPTION OF CERTAIN STRIPS CF LAND 8 FEET WIDE AS MeRE PARTICULARLY DESCRIBED IN THE ABOVE REFERRED TO QUITCLAIM DEED AND THE RIGHT OF INGRESS A~O EGRESS THERETO AND T~EREFRCM. NeTE: SAID REMAINING EASEfotEt\T IS SHCWN GN PAGE 2 OF PAfCCEL f#AP ~Q. 1569. 13. A LEASE~ AFFECTING THE PRE~ISES HEREIN STATED~ EXECUTED BY AND eET~EEN THE PARTIES NAMED HEREI~, FOR TrE TEq~ AND UPON THE TER~S. COVENANTS AND CCNDITICNS ThEREIN PRQVIDED. OATEO ~ JANUAR) 12, 1968 LESSOR : PLAZA C~MINO REAL~ A CALIFG~NIA LIMITED PA~TNERSHIP LESSEE : F. W. ~OCLkORTr co., 4 CORP(RATION RECORDED : DECEMBER 26. 1968 PECCRDER·S FILE NO. 226463 AFFECTS : PARCELS A ~NO B THE PRESENT OWNERSHIP OF SAID lEASE~ClD A~G OTHER MATTERS AFfECTING THE INTEREST CF THE LESSEE ARE ~OT SHOWN HEREIN. AN ASSIGN~ENT OF ThE LESSOR'S INTEREST IN THE LEASE HEREIN REFERRED TO, GIVEN AS ACDITICNAL SEClRITY FOR THE PA~~E~T OF THE INDEBTEDNESS SECURED BY THE DEEC OF lRUST RECORDED : AUGUST 22~ 1912 RECORDER'S FILE NO. 223113 WHICH ASSIGN~ENT WAS EXECUTEC BY: PLAZA CAMI~O REtL, A LI~ITED PARTNERHSIP CF THE STATE OF 1014336-A~D PAfE 8 I·' 1 I I 1 I I I I 1 1 1 I 1 1 1 1 1/ , IN FAVOR OF RECORDED lEASE · · .-- CALIFORNIA JOHN HANCOCK ~UTUAL LIFE INSURANCE CG~PANY AUGUST 22, 1972 RECCRDER'S FILE NO~ 223175 TO F. W_ kQCl~CRTH COMPANY 14_ AN AGREEMENT FOR CONSTRUCTtC~t OPERATION AND RECIPROCAL EASEMENTS DATED JULY 2e~ 1969~ EXECUTEC BY ANC BETWEEN PLAZA CAMINO RE~L, ~ CAL1FORNtA LIMITED PARTNERS~IP, THE MAY OEPARTME~T STORES CCMPA~Y, A NEW YORK CORPORATION, AND J. C. PENNEY CCMPANY, INC., A CELAWARE CGRPCRATION~ RECCRDED JULY 2a, 1969 AS FILE/PAGE NO. 135913 IN THE OFFICE CF COUNTY RECCROER OF SAN DIEGO COUNTY_ NOTE: A~ENDMENT RECORDED SEPTEMBER 27, 1~71 UNDER RECCRCER'S FILE NO. 220157. SAID ~ATTER AFFECTS: PARCELS A AND B 15. AN EASEMENT AFFECTI~G THE PCRTION OF SArD LA~O A~C FCR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPCSES IN FAVOR OF ! SAN DIEGO GAS & ELECTRIC COMPANY, A CGRPCRATICN FOR : UNDERGROUND FACILITIES FCR TRANSMISSIG~ AND ~lSTRIBUTION RECORDED AFFECTS · · OF ELECTRICITY AUGUST 11. lq69 RECORDER'S FILE NO. 145~78 PARCEL 1 OF PARCEL MAP 1569 -AFFECTS PARCEL B, AS FOlLGWS: A STRIP OF LAND 6.00 FEET IN WIUTr, lYING ADJACENT TO. CC~TIGUGUS WITH AND SOUTHERLY OF THE FOllCWI~G DESCRIBED ~INE: CCM~ENCING AT THE SCUTHWEST ceRNER OF THE SOUTHWEST QUARTER CF THE NORTHWEST QUARTE~ OF SAID SECTION 32; T~ENCE NeRTH C024~41" WEST ALONG THE WESTERLY LINE OF SAID SCUTH~EST QUARTER OF THE NORTH~EST CtARTER, A crS1A~CE OF 195.12 FEET. THENCE LEAVING SAID WESTERL~ LINE EAST. 657.32 FEET~ THENCE NORTH 77°15'51" EAST, ~77.~2 FEET TO THE TRUE POINT CF BEGINNING OF THE LINE HEREIN DESCRIBED; THENCE FROM SAID TRLE POINT OF BEGINNING AND CONTINUING NORTH 71°15-51" EAST, 110.00 FEET. SAlt OEEC RECITES: "GRANTCR CCVENANTS FOR HIMSELF, HIS SUCCESSORS AND ~SSlG~S. ~OT TO PLACE CR MAINTAIN ANY eUILCING OR STRUCTURE ON SAID EASEMENT." SAID OGCU~ENT RECITES IN PART AS FOLLOWS: GRANTOR, THEIR SUCCESSORS OR ~SSIGNS, ShAll NCT INCREASE OR DECREASE, THE GROUND SURFACE ELEVATIONS WIT~IN THE ABCVE OESCRleec EASEMENT AND RIGHi OF WAY EXISTING AT THE CATE OF EXECUTION OF ThIS INSTR~MENT, WITHOUT THE PREVIOUS WRITTEN CONSENT OF T~E GRANTEE. 16. AN EASEMENT AFFECTING THE PCRIION CF SAID LAND A~O FOR THE PURPQSES STATED ~EREIN. AND INCIDENT~L PCRPOSES 1014336-A~D PAGE I·' I I I I I I I I ( I I I I I· I I I I IN FAVOR OF FOR RECC~OEO AFFECTS · e· •. .. ,.. · · ., SAN CIEGO GAS & ELECTRIC CCMPANY, A CORPORATION TRANSMISSION AND DISTRIBUTION OF ELECTRICITl AND UNDERGRQUND FACILITIES SEPTEMBER 26, 1969 RECCRDER·S FILE NO. 177112 PARCEL 1 OF PARCEL ~AP 1569 -PARCEL B AS FOlLO~S: THAT CERTAIN PORTION OF THE WEST HALF OF SECTION 32, TGw~SHIF 11 SOUTH~ RANGE 4 WEST y SAN BERNARDINO MERIDIAN, BEING A STRIP OF LANG 6.00 FEET IN WIOTP, LYING ADJACENT Te. CONTIGLOUS WIT~ AND NCRTHE~LY CF THE FOLLOWING DESCRIBED LINE: COM~ENCING AT THE SOUTHWEST ceRNER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER CF SAID SECTION 32; THENCE NORTH 0~24t41ff WEST ALeNS WESTERLY LINE OF SAID SOUTHWEST QUARTER CF THE NORTHWEST QUARTER, A DISTANCE OF 1~5.12 FEET; THE~CE LEAVING SAID WESTERLY LINE EAST 657.32 FEET; THENCE NORTH 71°15-51" EAST, 7C2.~2 FEET TO THE TRUE PCI~T OF ~EGI~NING OF THE LINE HEREIN DESCRIBED; THENCE FROM SAle TRUE PCINT OF BEGINNING, AND RETRACING SOUTH 71°15'51" ~EST, 120.CO FEET. 11. AN EASE~ENT AFFECTING T~E PORTION OF SAID LAND AND FCR THE PURPOSES STATED HEREIN, AND INCIDENTAL PU~POSES IN FAVOR OF ~ SAN CIEGO GAS £ ELECTRIC COMPANY FOR : POLES, WIRES A~D A~CHORS RECORDED : SEPTEMBER 2t, 1969 RECCRDER'S FILE NG. 177194 AFfECTS : PARCEL 1 Of PARCEL ~AP 15f9 -PARCEL B AS FCLLCWS: CO~~ENCrNG AT THE SOUTHWEST CCR~ER CF THE SOUTHWEST QUARTER CF THE NORTHWEST QUARTER OF SECTION 32; THENCE NCRTH 0°24'41" weST ALC~G THE ~ESTERLY LI~E OF SAID SOUTHWEST CUARTER OF THE NCRTHWEST QUARTER, A DISTANCE OF 195.12 FEET; THENCE LEAVING SAID WESTERLY LINE EAST 651.32 FEET; T~ENCE NORTH 17°15'51" EAST, 771.92 FEET TC THE TPLE POINT OF BEGINNING OF THE LIhE HEREIN DESCRIeED; THENCE FROM SAID TRUE POINT OF BEGINNING~ AND RETRACING SOUTH 77°15'51" ~EST 6.00 FEET. » SAle OEED RECITES: "GRANTeR COVENANTS FeR HIMSELF, HIS SUCCESSORS AND ASSIG~S, NOT TC PLACE CR ~AINTAIN ANY BUILDING OR STRUCTURE ON SAID EASEMENT.H 18. AN EASEMENT AFFECTING THE P(RTICN CF SAle LAND ANC FCR THE PURPCSES STATED HEREIN, AND INCIDENTAL PlRPOSES IN FAVCR OF : SAN DIEGC GAS £ ELECTRIC COMPANY FeR : GAS PIPE LINES RECORDED : SEPTEMBER 26, 1969 RECCRCER'S FILE NO. 1112C2 AFFECTS : PARCEL 1 OF PARCEL MAP 1569 -PARCEL B AS FCLLOkS: BEING A STRIP OF LAND 6.00 FEET IN WIDT~, LYING ADJACENT TO, CGNTIGUCUS WITh A~O NORTHERLY OF ThE FCLLOWING CESCRIBEC LINE: THE COM~ENC[NG AT THE SGUTHWEST CORNER QFT~E SOUTHWEST QlARTER CF T~E ~ORTHWEST QUARTER OF SAID SECTIO~ 32; THENCE NORTH 0°24'41" WEST ALONG THE WESTERLY LI~E OF SAle SCUTHkEST QUARTER CF THE NORTHhEST CUARTER. A l014336-AMO PAGE 10 I I 1 I I I I I 1 I I I I DrSTA~CE OF 195.12 FEET; THE~CE LEAVING S~ID weSTERLY LI~E EAST~ 657.3Z FEET; THENCE NORTH 17°15-51" EAST, 7C2.92 FEET TO THE TRUE POINT OF BEGINNING OF THE LINE HEREIN DESCRIBEC; THENCE FROM SAID TRUE PCINT OF BEGINNING AND RETRACING SOUTH 77°15'~1" WEST. 120.00 FEET. lq. AN EASE~ENT AFFECTING TBE FORTION OF SAID LAND ~ND FeR THE PURPOSES STATED HEREIN, AND INCICE~TAL FUPPCSES IN FAVOR OF : SAN DIEGC GAS & ELECTRIC COMPANY, A CQRPORATICN FOR : TRANSMISSION ANC DISTRIBUTION OF ELECTRICITY RECCROEO : OCTC8ER 6~ 196~ RECO~OER'S FILE NO. 183344 A~FECTS : PARCEL 1 OF PARCEL MAP 1~69 -PARCEL B 'S FCLLO~S: A STRIP OF LANe 10.00 FEET IN WIDTH, BEING 5.00 FEET, ~E~SURED AT RIGHT 'NGLES, ON EACH SIDE OF THE FOLLOWING CESCRI9ED CENTER LINE: COM~E~CING AT THE SOUTHWEST CCR~ER OF THE ~ORTHhEST CUARTER OF SAID SECTION 32: THENCE NCRTH 0°24'41" WEST ALCNG THE WESTERL~ LINE OF SAID SECTION 32, A DISTANCE CF 19~.12 FEET; THENCE LEAVING SAIO hESTERLl LINE EAST 657.32 FEET; THENCE NORTH 11°15-51" EAST 711.92 fEET TO A POINT ON THE ARC OF A NON-TANGENT CURVE, CCNCAVE E~STERLY HAVIf'tG A' RACIUS OF 2563.CO FEET, A RADIAL LINE CF SAlO CUR~E TO SAID PCI~T BEA~S NORTH 160 22'31" EAST; THENCE NORTHWESTERLY ANC NCRTHERLY ALCNG THE ~RC Of SAID CURVE, THROUGH A CENT~AL ANGLE CF g051'42", A DISTA~CE CF 441;~4 FEET; THENCE NON-TANGENT TO SAID NCN-TANGENT CLR'VE NORTH 86°50· 51ft EAST. 3.CO FEET;. THENCE SOUTH 3°0g'03" EAST, 34.96 FEET; THENCE SOUTH 5°11'03" EAST, 142.00 FEET; THEKCE SOUTH 200 42 1 51" ~EST, 25.50 FEET TO THE TRUE POINT CF BEGINNING OF THE CENTER LINE HEREIN DESCRIBED; THENCE FRGM S~ID TRUE POINT OF BEGINNI~G, CONT[NUING SCUTH 20 0 42'57" WEST, le.oo FEET. ALSO: BEGINNING AT SAID TRUE POINT CF BEGINNING, THENCE NeRTH 20°42'57" EAST, 25.50 FEET. ALSO: BEGINNING AT SAle TRUE PClf'tT CF BEGINNING; THENCE SCUTH 8COOO'03" EAST,. 1.00 FEET. I ALSO: BEGINNING AT SAID TRUE PCINT OF BEGINNING; THE~CE f'tORTH 80°00'03" ~EST,. 10.00 FEET. 1'-20. AN EASEMENT AFFECTING THE P(RTION Cf SAID LANC A~D FeR THE PURPOSES STATED PEREIN, AND INCIDENTAL PL~PGSES IN FAVOR OF : SAN DIEGO GAS & ELECTRIC (O~PANl I FOR : PCLES, WIRES ANC ANCHORS PECCRCEC : CCTCBER 6, 1965 RECORDER'S FILE NO. 183360 I I 1 AFFECTS : PARCEL 1 OF PARCEL MAP 15f9 -PARCEL B AS FOLLG~S: A STRIP OF LAND 12.0C FEET I~ WIDTH, BEING 6.00 FEET ~EASURED AT RIGHT ~NGLES ON EACH SIDE CF THE FCLLC~ING DESCRIBED CENTER LINE: COMME~CING AT THE SCUTHWEST CORNER OF T~E NORTHWEST CUARTER OF SAle SECTION 32; THENCE NeRTH 0°24'41" WEST AlO~G THE WESTERLY LINE OF SAID SECTION 32, A DISTANCE OF. 195.12 FEET; THE~CE LE~VING SAID "ESTERLY LINE l014336-AMO P'GE 11 I·" 1 1 1 1 1 I I I 1 I I I I I I I I I EAST 657.32 FEET; THENCE NORTH 77°15'51" EAST 177 .. 92 FEET TO A POINT ON THE ARC OF A NCN-TANGENT CURVE CCNCAVE E~STERLY, HAVING A RACIUS. OF 2563.00 FEET; A RADIAL LINE OF SAID CURVE TO SAID PCINT BEARS NCRTH 76°22'31-EAST; THENCE NORTH~ESTERLY A~C NCRT~ERLY· ALCNG T~E ARC OF SArD CURVE, THROUGH A CENTRAL ANGLE CF ~051'42n, /J DISTANCE OF 441.14 FEET; THENCE NCN-TANGENT TO SAID NCN-TANGENT CURVE NORTH 86°50'51" EAST, 3 .. 00 FEET; THENCE SOUTH 3°09'03" EAST, 34.96 FEET; THENCE SOUTH SOI1'C3-EAST. 142.00 FEET; THENCE SOUTH 20042f.~n" WEST,., 25.50 FEET; THENCE SOUTH 80°00'03" EAST 1.00 FEET TO THE TRUE POI~T OF BEGINNING OF THE CENTER LINE HEREIN DESCRIBED; THENCE FROM SAID TRUE POINT CF EEGINNI~G. CONTINUING SCUTH 80°00'03" EAST, 10.00 FEET. 21. AN EASEMENT AFFECTING THE PCRTIGN OF SAID LANe ANC FCR THE PURPCSES STATED HEREIN, AND INCIDENTAL PU~POSES IN FAVOR OF: PLAZA CAMINO REAL, A LI~ITED PARTNERSHIP GRGANIZEO AND EXISTING UNDER THE LAwS OF THE STATE GF CALIFORNIA THE GENERAL PARTNER OF "HICP IS THE MA~ STORES S~GPPING fOR REC(RDED AFFECTS .. · -· .. · CENTERS, INC. MAINTENANCE OF TrE FCOTl~GS OF A BUILDING LGCATED ON LA~D ADJCINING THE LAND HEREIN DESCRI6EC OCT08ER 21, 1969 RECORDER'S FILE NO. 19348C PARCEL 1 Of PARCEL MAP 1569 -PARCEL B DESCRr:SED AS FOLLGWS~ 8EGINNING AT A PCINT eN THE hESTERlY LINE OF LAND DESCRIBED IN EASEMENT TO THE CITY OF CARLSBAD FCR PUBLIC HIGH~AY PURPOSES~ RECORtED MARCH 11, 1966 AS DOCt~E~T NC. 42245, GFFICIAL RECORDS; SAIe POINT LYING 441.14 FEET SOUTHERLY ALONG THE ARC OF A C~RVEt THE RADIAL CENTER OF WHICH BEARS NORTH 16°22 t 31fl EAST 2563.00 FEET FROM SAID POINT; THENCE SOUTH 11°15'51" WEST 164.65 FEET; TnEJ'otCE NO~TH 12°44'O~" wEST 5.5C FEET TO THE TRUE POINT OF BEGINNlhG OF TrE hEREIN DESCRleED ENCROACH~ENT; THENCE NQRTH 12°44'OQn WEST 66.80 FEET; THENCE NORTH 17°15'51 tt EAST 0.45 FEET; THENCE SCUTH 12°44'09" EAST 66.80 FEET; THENCE SOUTH 77 0 15'51" WEST 0.45 FEET TO THE TRUE POINT CF 8EGIN~ING. 22. AN EASEMENT AFFECTING THE PCRTION OF SAID LAND AND FCR THE PURPOSES STATED HEREIN, AND INCICENT6l PURPCSES IN FAVOR OF : PLAZA CAMINO REAL, A LI~ITED PARTNERSHIP FOR ~ EASEMENTS AND RIGHTS CF WAY RECORDED : OCTCBER 21, 1969 RECCRCER'S FILE NO. 19348C AffECTS : ALL OF PARCEL e hEREIN CESCRI8ED. 23. COVENANTS, CONDITI(NS A~D RESTRICTICNS IN THE CEeD EXECUTED BY : PLAZA CAMINO REAL LTD RECCRDEO ~ CCT(BER 21. 1969 RECCRDER'S FILE Ne. 193480 RESTRICTIONS. IF ANY, 8ASED (N RACE, CCLeR. RELIGION (R NATI(NAL ORIGIN APE DELETED. 24. A~ EASEMENT AFFECTING THE PCRTICN CF SAID LAND ~~o FCR THE PURPOSES STATED HEREIN, AND INCIDENTAL PUPPCSES l014336-AMD PAGE 12 I'. I I I I I I I I I I I I I I I I ·1 I IN F.4VOR OF FOR RECORDED AFFECTS · .. .... · .. · e· · THE CITY CF CARLS8An~ l ~UNICIPAL CCRPCPATICN WATER LINE SEPTEMBER l~. 197L RECCRDER'S FILE NO. 208858 PARCEL 1 OF PARCEL ~AP 1569 -PARCEL 8 ~S FOLLOWS: THAT PORTION OF SECJION 32~ TGWNSHIF 11 SOUTH, RANGE 4 WEST. SAN eERNARDINO ~ERIDIAN. DESCRIBED IN THAT DeED Te THE PARKING AUTHORITY OF THE CITY OF CARLSBAD FRCM PLAZA CA~I~O REAL DATED OCTCBER 21, 1969 AND RECCRCED OCTOBER 21, 1969 U~DER RECORCER'S FILE Ne. 193480 IN THE OFFICE OF CCUNTY RECCRDER CF SAN DIEGO COUNTY, THAT IS CONTAINED WITHIN A STRIP OF LAND 15 FEET IN WIDTH, BEING 7.5 FEET IN WIDTH ON EACH SlOE Of THE FOLLOWING DESCRIBED CENTER LI~E~ BEGI~NING AT THE INTERSECTION OF THE CENTER LINES OF EL CA~INO REAL AND ~ARPCN RO~D AS SHOWN eN PARCEL ~AP NO_ 184 FILED IN THE CFfICE Cf COUNTY RECORDER OF SAN DIEGO COUNTY. THENCE fROM SAID POINT CF BEGINNING SOUTH 63°18'50" kEST A DISTANCE Qf 117.00 FEET TO THE TRUE POI~T CF eEGINNING. THENCE SCUT~ 69°09'45" ~ESTt A CISTANCE OF 767.C3 FEET; THENCE SOUTH 72°15'35" WEST, A DISTANCE OF 632.12 FEET; THENCE SOUTH 00 07'55" WEST, A CISTA~CE CF 475.70 FEET ALC~G A LINE THAT IS PARALLEL ~ITH AND 7.5 FEET EASTERLY OF TPE EASTERLY LINE CF LCT 12 OF HaSP EUCALYPTUS FCREST CC~PA~~'S lRACT NO.1, ACCORDING TC MAP THEREOF NO. 1136 FILED IN THE OFFICE OF CCUNTY RECCRDER CF SAN DIEGO CCUNTY. SAID INSTRU~ENT AlSC GR~NTS THE ~IGhT TC EXTEND AND ~~INTAIN DRAINAGE STRUCTURES AND EXCAVATICN AND EMBANK~ENT SLCPES SElCNe THE LIMITS CF SAID RIG~T OF WAV W~ERE RECUIRED FOR CDNSTRUCTION I\NO ~AINTEN~NCE. 25. AN EASEMENT AFFECTING THE PORTICN OF SAID L.NO AND faR THE PURPOSES STATED HEREIN, ANC I~CICENTAL PURFOSES IN FAveR CF : T~E CITY OF CARLSBAD, A ~UNICIPAL CCPPC~ATICN FOR : WA TER LINE S RECORDED : SEPTEMBER 15, 1~71 ~ECCRCERas FILE NO. £08858 AFfECTS : WITHIN A STRIP OF LAND 15 FEET IN WIDTH, eEI~G 1.5 FEET IN WIDTH ON EACH SICE OF THE FCLLOWING OESCRIBEC CENTER LINE: BEGINNING AT THE INTERSECTICN OF THE CENTE~ LINES OF EL CAMINC REAL AND MARRON ROAD AS SHeWN eN PARCEL ~AP NC. 184 FILED IN THE OFFICE CF COUNTY RECORDER CF SAN DIEGC COUNTY. THE~CE FROM SAID POINT CF BEGINNING SOUTH 63°18'50" ~EST A DISTANCE OF 111.00 FEET TO T~E TRUE PCI~T OF BEGINNING. THENCE SOUTH f9°Q~'4~" wEST, ~ C[STANCE OF 767.03 FEEl; 1014336-AMO PAGE 13 I~' I I I I I I I I II , II f !I t ! II I I /1 II I :1 I I THENCE SOUTH 72°15'15" WEST. A DIST~NCE CF 632.12 FEET; THENCE SCUTH 0°07'55" WEST, ~ DISTANCE OF 475.70 FEET ALO~G A LINE THAT IS PARAllEL WITH AND 7.5 FEET EASTERLY Of l~E EASTERLY LINE CF LOT 12 Of HOSP EUCALYPTUS FOREST CCMPA~Y'S TR~CT NO. 1, ~CCORDING TO MAP THERECF NO. 1136 FILED IN THE OFFICE OF COUNTY RECCRDER CF SAN DIEGO COUN1Y. SAle (NSTRU~ENT ALSC GRANTS THE RIGHT TO EXTE~C AND ~~lNl~IN DRAINAGE STRUCTURES AND EXCAVATION AND EMBANKMENT SLCPE£ BEYOND THE LIMITS OF SAID RIGHT OF ~AY ~~ERE REQUIRED FCR CCNSTRLCTION AND MAINTENANCE. 26.. A t-'EREIN CATEC AMOUNT TRUSTeR T~USTEE DEED CF TRUST TG SECURE AN INCE8TEDNESS OF THE AMOUNT STATED · · · .. · · e· · BENEFICIARY ! PECGROEO' · .. AUGUST 22 t 1912 $6 .. acc,Cco.oc PLAZA CA~INQ REAL, A CALIFORNIA LIMITED PA~ThERSHIP TITLE INSURANCE A~D TRUST COMPANY, A CALIFCRNIA CCRPCRATtON JOHN HANCOCK MUTU~L LIFE INSURANCE CO~PA~Y, A MASS~CHUSETTS CCRPCRATIC~ AUGUST 22, 1q12 RECCRDER'S FILE NO. 223113 SAID MATTER ~FFECTS THIS AND CTHEP PrOPERTY. 21. VARIOUS UNRECORCED LEASES FeR THE TEPMS AND UPON THE TER~S~ COVENANTS AND CONDITIONS THEREIN PRQVICEC EXECUTEC ev PLAZA CAMINO REAL, A CALIFORNIA LIMITED PARTNERShIP AS LA~CLCRC AND NUMEROUS TENANTS AS LISTED IN AND DISCLOSED BY A D(CUMENT ENTITLED "ASSIGNMENT OF LEsseR'S I~TEREST IN LEASES" WHICH WAS RECCROEO AUGUST 22, 1912 UNDER RECORDER'S FILE ~O. 223174. SAID ~ATTER AFFECTS THIS ANC (THE~ PRCPERTY. ~N ASSIGNMENT OF THE LESSOR'S INTEREST IN THE LEASES REFERRED T( ABOVE GIVEN AS ADCITIONAL SECURITY FOR THE PAYMENT CF THE INCEBTEONESS SECURED BY THE DEED CF TRUST ~ECC~CEC AUGUST 22, 1912 UNCER RECORDER'S FILE NO. 223173~ WHICr ASSIG~~E~T ~AS E)ECUTEC 8V: PLAZA CA~INC REAL, A CALIFORNIA LIMITED P~RT~ERSHIP; TO: JGhN HANCOCK MUTUAL LIFE INSURANCE COMPANY, A ~ASSACHUSETTS CCRPD~ATICN; RECCRDED: AUGUST 22, 1912 UNDER RECCRDER·S FILE NO. 223174. SAID MATTER AFFECTS THIS AND eTHER PRCPERTV. 28. AN UNRECORDED LEASE, AFFECTI~G THE PREMISES HEREIN STATED, EXECUTED BY AND BETWEEN THE FaRTIES NAMEC HEREIN FOR TrE TER~ AND UPON THE TER~S, COVE~ANTS AND CONDITICNS TMEREIN PRGVIOED_ DATED : (CTCBER 11, 1974 LEsseR : PLAZA CAMINe REAL LESSEE : ~ARRtOTT CGRPCRATION, A OELAWARE CCRPORATIC~, HAVI~G AN l014336-A~D PAGE 14 ., I I I I I I I I I I I I I I I I I, I' DISCLOSED BY : RECOROED AfFECTS : ' . . ' .... '" . . OFFICE AT cIa BIG aoy ~ESTAURANTS OF AMEPICA AGREEMENT DECEMBER 31. 191"4 RECQRDER'S FILE NG_ 14-337882 PORTION OF SAle LANa AN 'SSIG~MENT OF THE lESSOR~S INTEREST IN THE LEASE HEREIN REFERRED TO. GIVEN AS ACOITICNAL SECURITY FOR THE PAY~ENl CF THE INDEBTEDNESS SECURED BY THE DEED OF TRUST RECORDED :. AUGUST 22 .. 1972 RECCROER·S FILE NO .. 223173 WHICH ASSIGNMENT WAS EXEelTED BY: PLAZA CAMINC REAL IN FAVOR OF : JOHN HANCOCK ~UTUAL LIFE I~SURANCE COMPANY RECQRDED : DECEMBER 31. 1974 RECOROER'S FILE f\C. 14-331882 LEASE : TO BIG BOY RESTAURANTS 29. ANY CLAIMS OF LIEN THAT ~AY BE FILEC AGAIKST SAID LAhC BY REASCN OF I~PROVEMENT THERE~N. DISCLOSED BY : NOTICE OF NON-RESFCNsrBILITV RECORCED : JUNE 7. 1977" RECORDER'S FILE NO. 71-222523.'; "';', 30. AN EASEMENT AFFECTING T~E PCRTICN OF SAID LAND AND FOR THE PURPOSES STATED HEREI~. A~D I~CIDENTAL PURPOSES IN FAVOR OF: SA~ DIEGO GAS & ELECTRIC COMPANY. A CCRPORATION FOR : CONSTRUCTION ANC MAINTENANCE OF UNOERGRCUhD UTILITIES TO RECO~CED AFFECTS .. .. .. .. SERVE PARCEL 2 AS SH(W~ CN PARCEL MAP Ne. 1569 FILE MAY. 30, 1973 JUNE 15. 1977. RECG~DER·S FILE NO. 77-23sa9C THAT PORTICN OF PARCEL 1 AS SHOWN ON PARCEL MAP NO. 1569 FILED MAY 30,. 1913,. RECC~CER'S FILE Ne. 73-146308 IN THE CFFICE CF COUNTY RECGRDER OF SAN DIEGO COU~TY, eEING A PORT ION OF THE f\ORTHWEST CUARTER OF SECT,I eN 32,. TOWNSH IP . II SOUTH~ RA~GE 4 WEST, SAN BERNARDINC ~ERICIANY DESCRIBED AS FeLLOWS: BEGINNING AT THE NORTHWEST CCRNER CF P~RCEL ~ OF SAle PARCEL MAP NO. 1569 y THENCE ALONG THE ~ORTHERLY PROLCNGATION OF THE WESTERLY LINE THERECF NORTH 03°45'47" WEST 85.31 FEET TO A POINT ON THE ARC OF A NCN-TANGENT 150.00 FOOT RADIUS CURVE y CCNCA~E SCUTHwESTERLY A RADIAL LINE OF SAle CUR~E THROUGP SAle POINT BEARS NORTH 15°45'07" EAST, THENCE SCUTHEASTERlY ALONG THE ARC OF SAID CURVE ThROUGH A CEf\TRAL ANGLE CF 12°4C'20". A CISTA~CE OF 33.53 FEET, T~ENCE ~Cf\-TANGENT SOUTH 56°32'58" EAST 100.34 fEET, THENCE SOUTH C3°45'47" EAST 10.00 FEET Ta THE NORT~EAST CCR~ER OF SAID PARCEL 2, THENCE ALONG THE NORT~ERlY LINE OF SAID PARCEL 2, SOUTH 860 14'13" WEST. 110.00 FEET TC SAID ~Ol~l CF BEGINNING. THE FOLLOWING MATTERS AFFECTING P~RCEL ~i 1 {--GE~ERAL AND SPECIAL CCUNTV A~C CITY TAXES 1014336-A~D PAGE 15 I I I -, I REPGRT Te FOlLC~. r;l AN EASE"'ENT I \~RPOSES STATED IN fAveR OF : AFFECTING THE PCRTICN OF SAID lA~C A~O fOR HEREIN~ AND INCICENTAl PURPCSES VISTA SANITATION DlSTRICT AND THE CITY CF TENANTS IN COM~C~ THE CARLSBAD. AS I I I I I I I I FOR RECORDED AFFECTS .. .. . -. : SEWER PIPE LINE ceTCBER 9 p 1964 RECORDER-S FILE NO. 184~17 AS FOLLOWS: ALL THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 32, TOWNSHIP 11 SCUTH~ RANGE 4 WEST, SAN BER~ARDI~C ~ERIDIAN, IN THE COU~TY CF SAN DIEGO, STATE CF CALIFORNIA ACCCROI~G TC UNITED STATES GOVERN~ENT SUR~EY APPROVED APRIL 5, 1881, LYING WIT~IN A STPIP OF LAND 15.00 FEET IN WIDTH, LYING 1.50 FEET ON EACH SIDE OF A CENTER LINE DESCRIBED AS FOLLC~S: BEGINNING AT A POINT ON THE. CENTER LINE CF ROAD SURVEY 925 OF El CAMINO REAL, ACCOROI~G TO ~AP THEREOF ON FILE IN THE OFFICE OF COUNTY SURVEYOR OF SAN DIEGO COUNTY, DISTANT THEREON SCUTH 3°46'00" EAST 241.50 FEET FRO~ THE INTERSECTION OF SAID CENTER LINE WIT~ THE CENTER LINE OF THE COUNTY HIGHWAY COM~ISSION RELOCATION CF RCUTE 14, DIVISION l' 'CCORDtNG TO MAP THERECF eN FILE IN THE OFFICE OF COUNTY SlRVEYOR OF SAN ClEGG COUNTY; THENCE SCUTH 81°42·36" ~EST 758.17 FEET; THENCE SOUTH 140 41'19" WEST 641.83 FEET TC A POl~T IN THE wEST LtNE OF SAID SECTICN 32. EXCEPTING TrEREFRCM THAT PORTION LYING wITHIN RCAD SlRVEV 925. THE SIDE LI~ES OF SAID 15.00 FOCT STRIP OF LAND Te BE LE~GTHENED OR SHORTENEO SO AS TC TERMINATE l~ TPE WESTERLY LINE OF SAID ROAC SUR~EV 925 A~O THE WEST LINE CF SAln SECTIC~ 32. REFERENCE IS ~ACE TO SAID OCCU~ENT FOR FULL PARTICULARS. I ., AN EASEMENT PURPOSES STATED ~FFECTING ThE PCRTICN CF SAID L~NC ANC FOP THE HE~EIN, ANC I~CICENTAL FURPOSES I I I IN FAVOR CF : feR : ~ECORCEC : .. AFFECTS : VISTA SANITATION CISTRICT AND THE CITY CF CARLSBAD SEWER PIPE LINE OCTCBER 9, 1964 RECORCER'S FILE NO. 184g18 NORTH 15 FEET CF LCTS 3g, 40, 41 AND 42 OF HOSP EUCALYPTUS FOREST TRACT NC. 1. ~, COVENANTS, EASE~ENTS AND TEMPCRARY lICE~SESt AS CO~TAINEC IN AN ~STRUMENT ENTITLEC "CONSTRLCTION, CPERATICN AND RECIPRGCAL EASE~ENT AGREE~ENT", RECCRDED APRIL 21, 1~E6 U~CER RECCROER'S FILE NC. 66915. REFERENCE IS ~ACE TO SAID DCCl~ENT FOR FllL PARTICULARS. I ~~ COVENANTS AND EASEMENTS AS CC~TAINEC IN AN AGREEMENT RECCRDED ~IL 21, 1966 UNGER RECCROEP'S FILE NO. 6E916. I l014336-AMO P~GE 16 / REFERENCE IS ~ACE TO SAla DCCU~ENT fOR FULL PARTICULARS. NOTE: BY A DOCUMENT RECORDED JULY 2e~ lqt9 UNDER RECORDER'~ FILE NO. 135~15. SAID AGREEME~T WAS ~ODIFIEC. I REFERENCE IS MADE Tn SAID DOCUMENT FOR FULL PARTICULARS. I f;;l EASEMENTS TOGEThER WITH THE PCwER TO GRANT LICEt-iSES FCR THE USE OF ~c EASEME~TS. AS GRANTED TO ThE MAY DEP'RTMENT STGRES COMPANY. A NEW YORK CCRPORATION. BY DEED RECCRDED APRIL 21. 1966 U~DER RECCRDER'S FILE I NO. 66914. f1) AN EASE~ENT AFFECTING SAID LAND FOR ThE PURPOSES STATED HEREIN ~D INCIDENTAL PURPCSES I IN F~VQR OF : SAN DIEGO GAS & ELECTRIC COMPANY fCR : GAS PIPE LINES ", RECORDED = OCTOBER 4. 1~6e RECCRDEP'S FILE NC~ 173589 I SAID nEED DOES NCT CCNTAIN THE LOCATION OF SAID EASE~E~T. REFERENCE IS MADE TO SAle COCUME~T FCR FUll PARTICULARS. I ID AN EASEMENT AFFECTI~G SAle LAND FOR TPE PURPOSES STATED HEREIN LiND INCIDENTAL PURPOSES I IN FAVOR OF : SAN DIEGO GAS 6 ELECTRIC COMPANY FOR : GAS PIPE LINES I I RECORDED : CCTOBER 4., 196E RECCRDER'S FILE NO., 173!:QO SAlt nEEO DOES ~CT CCNTAIN THE LOCAIICN CF SAID EASE~ENT. REFEREf\CE IS MADE TO SAID CCCU~E"'T FCR FLLL PARTICULARS. AN AGREE~ENT ARTICULARS CATEe ." . TO wHICP REFERENCE IS ~EPEBY ~ADE FeR FULL SEPTEtl8ER lQ, lS68 ·,." I BY AND BETWEEN :-PLAZA CA~INC ~EftL~ A LIMITED PAR1~ERSHIP vs. SAN DIEGO GAS & ELECTRIC COMPANY~ A CORPCRATIC~ I REGAPOING : ELECTRIC EASEMENT RECORDED : OCToeER 4, 19c8 RECG~CER'S FILE NO. 173~91 I ~ At-f E~SE~ENT AFFECTlf\G SAID L~NC FOR THE PURPOSES STATED "hEREIN ~ INCIDENTAL PURPOSES I I I IN FAVOR OF : SAN DIEGO GAS & ELECTRIC COMPANY. A CORPCRATIC~, ITS FeR : RECCRCED -- l014336-U40 SUCCESSORS AND ~SSIGNS TRANS~ISSION AND CISTRI8LTICN"GF ElECTPICITY AND fOR ALL PURPOSES CONNECTEC THEPE~ITH, UNDERGRCUNC FACILITIES CONSISTING (F CCNC~ITS. ~AN~GLES, rAf\CHCLES ANO JUNCTION BOXES ~ITH WIRES AND CABLES PLACED THEPEIN AND ABOVEGROUND STRUCTURES CCf\SISTING CF TRANSFCR~ER PADS. TRANSFCR~EPS AND APPURTENANCES NECESSARY OCTOBER 4, 196E RECCRDEP'S FILE NO. 113595 PAGE 17 I··; 1 1 I I 1 1 I I I I I I I I I I I I SAID OEEO DOES NCT CCNTAIN ThE LOCATION C~ SAID EASEMENT. :d'. A LEASE, AFFECTING THE PREMISES HEREIN STATED, EXECUTED BY AND ~ThEEN THE PARTIES NAMED HEREIN~ FOR T~E TERM AND UPON T~E TERMS~ COVENANTS AND CONOITION~ THEREIN PRCVIDED_ CATED : JA~UARY 12~ 1968 LESSOR ~ PLAZA CAMINO REAL~ A CALIFCRNIA LIMITED PARTNERShIP LESSEE. : F. W. \oIOOLWORTH CO., A CORPCRATION ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF NEW YORK RECORCED . . DECEMBER 2~. 1~6a RECORDER'S FILE Ne. 226463 THE PRESENT OWNERSHIP OF SAID LEASEHOLD ANC OTHER MATTERS AFFECTING T~E INTEREST OF THE LESSEE ARE NCT SHOWN HEREIN. AN ASSIGNMENT OF THE LESSOR'S INTEREST IN THE LEASE HEREIN REFERRED TO, GIVEN AS ACDITICNAL SECURITY FOR THE PAYf-fEt\J OF THE INDEBTEDNESS RECORDED : WHICH ASSIGNMENT EXECUTED BY : IN FA"OR OF RECORDED LEASE -· · · · e· SECURED B~ THE OEEC CF TRUST AUGUST 22, 1972 RECORDER'S FILE NO. 223173 WAS PLAZA CAMINe REAL, A LI~ITED PARTNERSHIP OF CAlIFCRNIA JOHN HANCOCK MUTUA.L LIFE INSURANCE CCMPA~Y AUGUST 22, 1972 RECCROER'S FILE NO. 223175 TO F. W. kCCLWCPTP. COMPANY THE STATE GF ~ AN AGREEMENT FOR CCNSTRUCTICN, CPER~TION ANC RECIP~CCAl EASEMENTS . EO JULY 28, 1969 EXECUTEC ev AND eETWEEN PLAZA CAMINO REtL, A CALIFCRNIA LIMITEC PARTNERSHIP~ THE ~AY DEPARTMENT STORES CO~PA~Y, A NEW YOR~CORPORATICN, AND J. C. PENNEY COMP~NY, INC., A OELAWARE CORPORATION, RECORDEO JULY 2E, lq~9 AS FILE/PAGE NO. 13~913, IN THE CFFICE OF COUNTY RECCROER OF SAN OIEGe COUNTY. NOTE: AMEND,.ENT RECORDED SEPTE~e ER 21, 1 ~71 UNDER RECCHO ER' S FILE NO. 2201~7 .. SAID ~ATTER AFFECTS: PORTION PARCEL C ~ CC~ENANTS, CONDITIONS AND PESTR[CTICNS IN THE DEED '~ECUTEO BY : PLAZA CAMINO REAL LTD RECCROED : OCTCBER 21t 1969 RECCROEP'S FILE NO. 19348C RESTRICTIONS, IF ANY, BASED eN RACE, COLOR, RELIGICN OR NATIONAL QRIGIN ~RE CELETEO. SAID ~ATTER AFFECTS: PORTION PARCEL C .~~ AN AGREEMENT TO WHIC~ REFERE~CE IS ~EREBY MACE FOR FULL . "TARTICULARS l014336-AMO PAGE 18 I~I I I I I OArED .. .. BY'" ANC BETWEEN : REGARDING RECCRDED -- / " JANUARY l~r 191« FAWCC." A CC-PAPTNERSI-IP~ BERNARD CITReN AND HARRY J. L .. FRANK~ JR.~ AND CENTRAL FEDERAL SAVINGS & LOAN ASSOCIATION WALL ON ACJACENT P~GPERTY FEBRUARY 2r 191Q RECORDER'S FILE NO. 18927 I ~ AN AGREEMENT TO, WHICH REFEf(ENCE IS HEREBY P'AR T tCULAR S MADE FOR FUll I I DATED ... ... BY ANO BETWEEN : REGARDING RECCRDED -- , SEPTE~eER 23. 1910 FAWCO. A CC-PART~ERSHIP. BERNARD CITRCN A~D HARRY FRANK. JR_. AND UNITED STATES NATIO~Al BANK. A ~ATICNAL eA~KI~G ASSOCIATION ~ALL eN ADJACENT PFOFERTY NOVE~BER 4~ 1910 PECCPOER'S FILE Ne. 2C2145 J ... L. ;Q AN EASE",ENT AFFECT ING THE PCRTION Of SA 10 LAND AND FOR TPE I ~POSES STATED I-EREIN r AND. INCIDENTAL PURPOSES IN FA~OR OF : THE CITY OF CARLSBAD. A ~UN[CIPAL CORPORATICN FOR :, WATER LINES I RECCROEO : SEPTEMBER 15r 1~71 PECCPDERfS FILE NC. 2C8858 AFFECTS : WITHIN A STRIP CF LAND 15 FEET IN WIDTH,' BEING 1.5 FEET IN wrOTH ON EACH SIDE OF THE FOLLOwING DESCRIBED CENTER I I I I I I I I I LI NE: BEGINNING AT THE INTERSECTIGN OF THE CENTERLINES OF EL CA~[~O REAL AND MARRON ROAD AS SHGWN ON PARCEL M~P 184 FILED IN THE OFFICE CF COUNTY RECCROER CF SAN DIEGC COUNTY. THENCE FROM SAID POINT CF BEGI~NING SOUTH 63°18'50" WEST A DISTANCE OF 111.00 FEET TO THE TRUE POINT OF BEGI~NING; THENCE SOUTH 69~C9·45n WEST~ A CISTANCE CF 761.03 FEET; THENCE SOUTH 12°15'35" WEST~ A DISTANCE OF 632.12 FEEl; THENCE SOUT~ 0°07'55" WEST~ ~. DISTANCE OF 415.10 FEET AlCNG A LINE THAT IS PARALLEL WITH ANO 1.5 FEET EASTERLV CF THE EASTERLY LINE OF LOT 12 OF HCSP EUCALYPTUS FCREST CCMPANY'S TRACT NO.1, ACCORDING TO ~A? THEREOF NO. 1136 FILEO IN THE OFFICE OF COUNT V RECCRDER CF SA~ DIEGO CC~~TY. SAID INSTRUMENT ALSO GRANTS THE RIGHT TO EXTEND AND ~AI~TAlh ORAINAGE STRUCTURES AND EXCAVATION AND E"'eA~K~ENT SLCPES eE)CNC THE LIMITS CF SAle RIGHT OF WAY WHERE RECUIRED FOR CCNSTRUCTION AND t-'AINTE~ANCE. (0 A DEED '-ERE IN Cf TRUST TO SECURE A~ I~CEBTECt-.ESS OF T,""E Aft1CUNT STATED CATEC · AlJGUST 22, 1912 · A"'CUNT · $6.0CO,OCO.CO · TRUSTOR · PLAZA C~~INO REAL, A CAlIFCRNIA LIMITED PART~ERSHIP .. 1014336-AMO PAGE l~ 1-' :1,1 I 1 I I 1 I 1 1 I 1 1 1 1 1 1 I I TRUSTEE :- BENEFICr~RY :- RECCROED . . TITLE IfIISURANCE A 1\0' TRUST CCMPANY~ A CAL IFORNIA CCRPCRATION JOHN HANCCC~ ~UTU~L LIFE I~SURANCE CO~PANY, A ,.ASS,aCHUSETTS CORPORATION AUGUST 22, 1 «;72 PEC CROE I" S FILE NO. 223113 SAIO ,.ATTER AFFECTS: PCRTtON SAID LAND WIT~ CT~ER PRCPERT~ AI!J.' VARIOUS UNRECORDED L~~SES FciR~ It-e TERMS AND UPON THE TERMS, ~EN,aN1S AI\O CONDITIONS THEREI~ PRCV[OEC EXECUTED BY PLAZA CAMINO REAL, A CALIFCRNIA Lt~ITEC PARTNERSHIP ftS LANDLORD AND NUMEROUS TENANTS AS LISTED IN AND OlSClOSEO BY A COCLMENT ENTITLED "ASSIGNMENT OF LESSOR'S INTEREST IN LEASES" WHICH WAS RECCRDED AUGUST 22, 1972 UNDER RECCRCER'S FILE NC-223174. SAID MATTER AFFECTS THIS ANC eTHER PRCPEPTY. AN ASSIGN,.ENT OF THE lESSCR~S INTEREST IN THE LEASES REFERRED TO AaOVE GIVEN AS ADDITICNAL SECURITY FOR' THE PAYMENT OF THE INDEBTECNESS SECURED BY T .. E DEED CF TRUST RECCRDEr AU~UST 22, 1912 UNDER RECORDER'S FILE NO. 223113, W~ICH ASSIGN,.ENT WAS EXEC~TED BY: PLAZA CA~lNO REAL. A CALtfORNIA LIMITED PARTNERS .. IP; Te: JOHN t-ANCOCK MUTUAL liFE II\SURANCE COMPANY, A MASSACHUSETTS CCRPORATICN, RECCRCED: AUGUST 22, 1972 UNDER RECCRCER'S FILE Ncr. 223174. SAIC ~ATTER AFFECTS THIS ANC OTHER PRCPERTY. All AN AGREE,.ENT WRTICULARS DATED .. · BY AND BETWEEN :- REGAROING RECQRDED · .' -· TO WHICH REFERENCE IS ~EPEBY MADE FCR FULL CCTCBER 18, 1913 KA~AR CONSTRlCTICN CO~PANY AND VISTA SANITATION DISTRICT VISTA SANITATION OISTRICT ENCROAChMENT PER~IT NOVEMBER 12, 1973 REC(RDER'S FILE ~O. 73-315515 A. AN EASEfJENT AFfECTING THE PORTION OF SA 10 LAND AND FOR THE ~RPOSES STATEO.~EREIN, AND I~CICENrAl FUPPOSES ' IN FAveR OF : THE CITY OF CAPLSBAC, A ~lNICIPAL CCPPCPATICN FOR : PUBLIC SEWER PURPGSES RECCRCED : OECE~BER 13, 1~73 ~ECCRCER'S FILE Ne. 13-344171 AFFECTS : A 12.00 FaCT EASEMENT FOR SEHER PURPOSES; THE CENTER LINE OF SAID EASEMENT GESCR[BED AS FClLG~S: A PORTION OF HOSP EUCALYPTUS FCREST CGMPA~Y'S TRACT NO. 1, ~CCOROING TO MAP THERECF NO. 1136 FILEC IN THE OFfICE OF COUNTY RECORDER OF S~N DIEGO COUNTY, STATE OF CAlIFOR~IA, CES{RIBEO AS FOLLOWS: eEGINNING AT THE MOST SCUTHEASTERlY C(R~EP OF SAID HCSP EUCALYPTUS FOREST COMPANY'S TRACT NO.1; THENCE NORTH 1°03'10" EAST (RECORD ~CRTH), ALONG THE WEST LI~E A~C ITS EXTENSICN, (F SAID TRACT, 2184.31 fEET; THE~CE AT l014336-AMD PAGE 20 1-' I I I I I I / RIGHT ANGLES NORTK 88°56~50w WEST~ L153.~5 FEET~ TO THE TRUE POl~T OF BEGINNING; THENCE NORTH 700.17·45" EAST r, 293_95: FEET; THENCE NCRTH 61°06'50'" EAST,. 191.09 FEET;. THE~CE ~CRTH 0°06'50· EAST. ALONG A LINE THAT IS PARALLEL WITH AND 6 FEET EASTERLY OF l~E ~aST WESTERLY LlhE OF THAT L~ND CESCRlBEO IN OEeD TO T~E MAY OEPART~ENT STORES CCMPA~Y. ~ECCROED APRIL 21p 1966,. AS FILE NO. 66913 OF CFFICIAL RECOROS, 10c.ca FEET; THENCE NORTH 6°'29'Z5fl WEST r 291 FEET ~C~E OR LESS, TO T~E INTERSECTION OF THE SOUTHERLY LI~E OF AN EXISTING 15 FOOT SEWER EASEMENT. NOTHING HEREIN CONTA INEO SHALL AFFECT GRANTCR' S RIGHT NCR H~AT CF ITS SUt;CESSGRS OR ASSIGNS TO GRANT EASEMENTS TC eTHERS OVEP, OR TO USE THE SURFACE OF SAID AREA FOR PECESTRIAN/VEHICULAR IhGRESS. EGRESS, PASSAGE, PARKING, AND THE INSTALLATION AND MAINTENANCE OF SURFACE, PARKING AREAS r ROAeS, CURBS, SIDE~ALKS,. LANDSCAPED AREAS,. GUTTERS, ANC RELATED PARKI~G LeT APPURTENANCES. I 4IIJ! AN UNRECCRO EO LE bS E. AFFECT ING THE PR E~l S ES HER E I N STATEC. '~CUTED BY AND eETwEEN THE FARTIES NAMEC HEREIN FOR THE TER~ I AND UPON THE TERMS, COVENANTS AND CONDITICNS THEREIN PROVIDED. DA TEO !' OCTOBER 11. 1974 I I I I I LESSOR : PLAZA CAMINO REAL lESSEE : MARRIOTT CORPORATIGN, A CEL~WARE CGRPORATION. hAVING AN DISCLOSED BY !" RECORDEO AFfECTS .-. .. - OFFICE AT CIC BIG BOY RESTAURANTS CF A~ERICA~ AGREEMENT DECEMBER 31, lq74 RECCRDER'S FILE NO. 14-3318E2 PGRTION SAIC lA~D AN ASSIGNMENT OF THE LESSOR'S I~TEREST IN THE LEASE HEREIN REFERRED TO, GIVEN AS AGCITICNAL SECURITY FeR THE PAYME~T CF THE INDEBTEDNESS SECURED BY THE DEED OF TRUST RECORDED !' AUGUST 22~ 1912 RECCRDEP'S FILE NO_ 223173 WHICH ASSIGN~ENT WAS EXECUTED 8Y ~ PLAZA CAMI~O REAL • IN fAVOR OF ~ JCHN HANCOCK MUTUAL LIFE INSURANCE CCM?A~Y RECORDED :' DECE",eER 31. 1914 I4ECCRCE~' S FILE NO. 14-3378 ez LEASE !' TO BI~ Bey RESTACRA~TS I ~ AN EASEpotENT AFFECTING TtiE PCRTICN GF SAID L.6ND AND fOR THE ~OSES STATED HEREIN, AND I~CICENTAl FURFOSES IN FAVOR CF ~ T"E CITY OF CAP(S8AD fOR : puelIC ROAO PURPOSES I RECCRDED : OECE~8ER 23, lS76. RECCRDER'S FILE ~C. 16-431113 A~FECTS : THAT PORTION OF PARCEL "C" LYING WITHIN A PARCEL OF LAND I I I l014336-AMO SITUATE IN THE CITY OF (ARLSBAD, IN THE COU~TY CF SAN DIEGC, STATE OF CALIFORNIA, BEING A PQRTIGN OF SECTION 31, TOWNSHIP 11 SOUTH, RA~GE 4 kEST, SA~ eER~ARDINO ~ERIDIAN, ACCORCING TO CFfICIAL PLAT ,THERECF A~C PCRTIONS OF LOTS 19, 20 ANG 33 A~C CF EUCAL~PTlS STREET, ALL OF HOSP EUCALYPTUS FOREST CC~PANY'S TRACT ACCCRDI~G TC MAP THEREOf NO. 1136, FILEC IN T~E OFFICE Of CCUNTY RECORDER OF SAN OtEGO COUNTY, Bel~G MORE PARTICULARLY DeSCRIBED AS FOllOWS: PAGE 21 I I BEGIN~lNG ~T THE SOUTHEAST CCRNER OF THE NORT~ HALF CF T~E NCRTHEAST CUARTER OF SECTION !1, TCWNSHIP 11 SOUTH~ RANGE ~ ~EST; THE~CE ALONG THE SOUTH LINE OF SAID NORTH HALF ~CRTH 89 0 42'19" WEST, 404.27 FEET; THENCE SOUTH. 962.79 FEET TC ThE NCRTHERLY LINE OF MARReN RCAD {a2 fEEl kIOE}; THE~CE NORTH 16°30·00~ WEST, 331.~a FEEl TO THE BEGINNI~G OF A TANGENT CURVE CONCAVE SCUTHERLY HAVING A RADIUS Cf 842.00 FEET; THENCE kESTERlY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 424 30'OC" A CISTANCE OF 624.56 FEET; THENCE SOUTH 614 00'00" WEST, 114.26 FEET TO THE BEGINI\ING Of A TANGENT CURVE CONCAVE NORTHWESTERLY hAVING A RADIUS OF 15e.oo fEET; I I I I I I I I I I .1 I I THENCE SCUTH~ESTERLY ALONG SAID CURVE THPQUGH A CENTRAL ANGLE OF 13°24'44" A DISTANCE CF 111.44 FEET; THENCE SOUTH 740 24'44" WEST, 42.40 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 74°24'44" WEST~ 97.60 FEET TO THE BEGINNING OF A TANGENT CURVE CCNCAVE NORT~EASTERLY HAVING A RADIUS GF 158.00 FEET; THENCE NCRTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE CF 604 31'00" A DISTANCE OF 800.61 FEET; THE~CE ~ORTH 45°04'16" WEST, 130.00 FEET TO THE BEGIN~ING OF A TANGENT CURVE CONCAVE ~GRTHEASTERLY HAVING A RADIUS OF 558.00 FEET; THENCE NORTHERLY ALGNE SAID CURVE THROUG~ A CE~TRAL ANGLE OF 31°04'59" A DISTANCE OF 302.72 FEET; THE~CE NeRTH 13°5q t 17" WEST, 100.CO FEET TO THE BEGINNI~G OF A TANGENT CURVE CONCAVE EASTERLY HA~ING A RACIUS OF 558.CO FEET; THENCE NORT~ERLY ALCNG SAID CURVE THROUGH A CENTRAL ANGLE OF 14°17'11" A DISTANCE OF 13q.l~ FEET TC A POINT IN THE SOUTHERLY RIG~T OF WAY LINE OF ~A~RCN ROAe (82 FEET WIDE); THENCE NORT~ 89°42-00" WEST. 82.00 FEET ALONG SAID RIGHT OF WAY LI~E TO THE eEGIN~ING OF A NCN-TANGENT CURVE CCNCAVE EASTERLY HA'JING A RAtIUS OF 640.00 FEET; THENCE SOUTHERLY ALONG SAIC CURVE THROUGH A CE~TRAL ANGLE OF 14°11-17" A DISTA~CE CF 159.60 FEET TO THE BEGINNING CF A REVERSE CLRVE CONCAVE NORTHWESTERLY HA~ING A RADIUS CF 20.00 FEET; THENCE SOUTHWESTERLY, ~lONG SAID CURVE THRCUGH A CENTRAL ANGLE OF 9CoOO·OC" A DISTANCE OF 31.42 FEET; THENCE SOUTH 16°00· 00"' WEST~, 122.50 FEET TO THE BEGI NN ING CF A TANGENT CURVE CONCAVE SCUTHERLY HAVING .A RADIUS CF 530.0C FEET; THENCE WESTERLY ALONG SAID CURVE THRCUGH ~,CENTR.AL ANGLE OF 40°48'08" A DISTANCE OF 377.43 FEET TO A POINT IN THE RIGHT OF WAY LINE OF JEFFERSON STREET (60 FEET WIDE'; THENCE SCUTH 54°41·25~ EAST. 60.00 FEET TC ThE BEGINNING OF A NCNTANGENT CURVE CONCAVE SCUT~ERLY HAVI~G A RADIUS GF 410.00 FEET; THENCE EASTERLY ALONG SAID CURVE T~ROUGH A CENTRAL' ANGLE OF 40°48'08" A DISTANCE OF 334.10 FEET; THENCE NORTH 16°CC'CC~ EAST 122.50 FEET TO TEE BEGINNING OF A TANGENT CURVE CCNCAVE SOUTh~ESTERL' ~AVING A RADIUS OF 20.00 FEET; THENCE SOUTHEASTERLY ALC~G SAID CUR~E T~PCUGH A CENTRAL ANGLE OF 900 00'00- A DISTANCE OF 31.42 FEET TO THE 8EGINNING CF 4 REVERSE CURVE CCNCAVE NORTHEASTERL~ HAVING A RAOI~S CF 640.00 fEET; THE~CE SOLTHEPlY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 31°C4'5~" A CISTANCE GF 347.20 FEET; lHENCE SOUTH 45°04'16" EAST, 130.00 FEET TO THE BEGIN~I~G OF A TANGENT CURVE CONCA~E NGRTHEASTE~LY HAVING A RACIUS OF 840.0C FEET; lHENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH ~ CENTRAL ANGLE CF 60 0 31'OC" A CISTA~CE OF 887.22 FEET; THENCE NORT~ 14°24'44" EAST, 91.6Q FEET; THENCE NORTH 150 35'16" WEST, 82.00 FEET TO THE TRUE POINT OF 8EGIN~ING. SAID LANC BY ... ANY CLAIMS OF LIEN T~AT ~~Y BE FILED AGAINST }~SON OF I~PROVEMENT T~ERECN. I ~S~OSED BY : NOTICE CF ~ON-RESPONSlelL(TY lC14336-~~D PAGE 22 I"' I I I ..... . ..... ' RECCRGED :-JUNE T., IfJ'17. PECC~CEf;'S FILE NO., 17-222523 .. ' ,",'.,' . ;. .~ ". ~ THE FOLLOWING ~4ATTER S . AfFECT ING . PARCE~~~~ . ~ .' . "... GENERAL AND SPEC.tAL COUNTY AND CITY TAXES "'";' .. -,:,;'. REPO~T Ta FCLLGV. AJ AN EASEMENT I ~RPOSES STATED IN FAVOR OF : FeR : AFFECTING THE PCRTICN OF SAID LA~C A~D FOR THE HEREI~~ AND INCICENTAl PURPOSES COU~TY OF S~N CIEGt 'PUBLIC I-"IGHWAY p I I I RECORDED : FEBRUARY 26, 1941 1~ BCCK 1132, PAGE 419 CF OFFICIAL PECORDS AFFECTS--.' THAT PCRTtO~ CF PARCEL IT ~EREIN DESCRIBED LYr~G ~rTHIN ROAC SURVEY NO. e43 SAID INSTRU~ENT AlSC GRANTS lHE PIGHT TG EXTEND AND M~INT4IN DRAINAGE STRUCTURES AND EXCAVATION AND EMBA~KMENT SLOPES eEYCND THE LIMITS OF SAID RIGHT CF WAY WHERE REQUIRED FOR CCNSTRUCTION AND ,..AINTENANCE. .. tiIIJ RESTR'ICTIONS CONTAINED IN' AN AGREEMENT EXECUTED BY AND BETWEEN FAWCO, I A PARTNERSHtP~ eERNARC CITRON ANO HARRY J. L. FRANK, JR., THE MAY DEPARTMENT STORES CCMPANY, A NE~ YORK CGRPCRATION; AND PLAZA CAMINe REAL, A CALIFORNIA LI~ITED PARTNERSHIP, AND RECCRDED APRIL 21, 1966 ~s FILE NO. I 66916_ ~ ~N EASEMENT I ~RPOSES STATED IN F~VOR OF :. FOR :: RECO~DED : AFFECTING T~E PCPTICN OF SAID LAND A~C FCR THE hEREIN, AND INCICENTAL PURPOSES STATE OF CAllFCRNIA SLOPE PROTECTIC~, SLOPES ~NO DRAINAGE PURPOSES MAR CH 1, 1911,-P EC 0 R C E R 'S F I LEN O. ~ 16 2 e I AFF EeTS :: THAT PCRTICN OF PARCEL 0 HEREIN DESCRI8ED LYING ~ITHIN LOTS 32. 33 AND 34 I t;1 AN EASEMENT '-?uRPCSES STAlED IN FAveR OF : ~FFECTING THE PORTION OF S'ID LAND AND FOR THE HEREIN, A~D I~CIOENTAL PCRPOSES CITY OF CARLSB~D I fOR : RECCROED :. PUBLIC ~OAC PURPCSES AhO SEWERAGE -SYSTEM JUNE 18. lS71 AS FILE NC. 129900 AND 129Q01 AND THAT PCPTION OF PARCEL 0 HEREIN DESCRI8EC LYING I I I AFFECTS : . . LOTS 32 AND 33 SAle INSTRU~ENT ALSC GRANTS THE ~IG~T TO EXTENC AND M~INT~IN OPAIN~GE STRUCTURES AND EXCAVATICN AND E~EANKMENT SLOPES BEYCNt THE LIMITS OF SAID RIGHT CF WAY WHERE REC;UIRED FOR CCNSTRl;CTION ~ND totAINTENANCE. AN EASEMENT AFFECTIN~ THE PCRTICN CF SAID LAND ~ND FCR THE 1014336-AMO PAGE 23 12~9a2 WITHIN I·- I I I I I I I I I I I I I I I I I I PURPoses STATED fN FAVOR OF :: FCR :: RECORDED :: AFFECTS : HEREIN~ AND INCrCENTAL PU~POSES CITY CF CARLS eA C SEWER PURPOSES OECEfilBER 13~ 1973, RECCPCER'S FilE NC. 73-34411Z THAT PCRTIC~ CF SAID L~NO LYING WITHIN A STRIP Of LAND THE CENTER LINE eEING DESCRIBED AS FOLLCkS: BEGINNING AT THE MCST SOUTHEASTERLY CCRNER OF SAID hCSP EUCALYPTUS CQMPANY'S TRACT NO.1; THENCE NORTH lOQ3'10w EAST (RECORC NORTH) ALONG THE WEST LINE AND ITS EXTENSION T OF SAID TRACT; 2784.31 FEET; ThENCE AT RIGHT ANGLES NORTH 88°S6 t 50" WEST 1153.95 FEET TC THE TRUE POI~T GF BEGINNING; THENCE NORTH 70°11'45" EAST Z93.95 FEET; THENCE NORTH 61 0 C6'50" EAST 191.09'· FEET; THE~CE NCRTH 0°06'50" EAST ALONG A LINE THAT IS PARALLEL W{T~ AND 6 FEET EASTERLY OF T~E MOST WESTERLY LINE OF THAT LAND DESCRIBED IN DEeD TO THE MAY OEPARTME~T STCRE COMP~NY~ ~ECORDED APRIL ZI, 1966 AS FILE NC ... 66913 CF OFFICIAL RECOROS, 100 FEET; THENCE NORTH 6°29'25" WEST 2~1 FEET, MCPE OR LESST TO T~E INTERSECTICN OF THE SOUTHERLY LINE OF AN E>CISTING 15 FOOT SEWER EASEtlE~T .. ~ AN EASEfilENT ~RPOSES STATED IN FAVOR OF : FOR . :. ~ECOROEO : AFF EeTS : AFFECTING THE PCRTICN OF SAID LA~D A~C FeR THE HEREI~, AND INCICENTAL PU~POSES THE CITY OF CARLSBAC PUBLIC ROAD PURPQSES DECEMBER 23, 1916. RECCRDER'S FILE f\O. 16-431713 THAT PORTION OF PARCEL "C· LYING WITHIN A PARCEL OF LAND SITUATE IN TfE CIT~ CF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALrFO~~IA~ BEING A PORTION CF SECTION 31. TOWNSHIP 11 SOUTH. RANGE 4 WEST, SA~ BERNARDINO MERIDIAN. ACCORDING TU CFFICIAL PLAT T~EREGF AND PCRTIONS OF LOTS 19, 20 AND 33 AND OF EUCALlPTUS STREET, ALL OF HOSP EUCALYPTUS FOREST CCMPANY'S TRACT ACCCRDING TO MAP THEREOF NO. 1136, FILEC IN THE OfFICE OF CCUNTY RECCRDER OF SAN DIEGC CCUNTY. BEI~G MORE PARTICUL~RLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTPEAST CORNER GFTHE NCRTP HALf OF THE NORTHEAST QUARTER OF SECTION 31. TOWNS~IP 11 SOUTH, FANGE 4 WEST; THE~CE ALONG THE SOUTH LINE OF SAID NORTH HALF f\CRT ... 89~42'19" WEST, 4C4.21 FEET; THENCE SOUT~, 962.7~ FEET TC THE NORTHERLY LlNE Of MARRCN ~CAO (82 FEET WIDE); THENCE NORTH 16°3a'OO" WEST, 331.90 FEET TC THE BEGIN~ING OF A TANGENT CURVE CCNCAVE SCUTHERLY HAVI~G A RAOILS CF 842.00 FEET; THEf\CE WESTERLY ALCNG SAID CURVE T~ROUGH A CENTRAL ANGLE CF 42°30'00" A DISTANCE OF 624.56 FEET. THENCE SOUTH 61°00'00" WEST, 114.Zt FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTEPLY HAVING A RADIUS CF 758.0C FEET; THENCE SOUTHWESTERLY ALCNG SAID CLRVE T~ROLGH A CENTRAL ANGLE GF 13 4 24'44" A O[STA~CE GF 111.44 FEET; THENCE SOUTH 14°24'44" WEST, 42.40 FEET TO ThE TRUE PCINT OF 8EGIN~ING; THENCE SOUTH 74°24'44~ WESt, 97.60 FEET TO THE BEGINNING OF A TANGE~T CURVE CQhCAVE NOPTHEASTERLY HAVING' RACIUS CF 758.0C FEET; THENCE NORIHkESTERlY ALOf\G SAID CURVE lHRClG~ A CENTRAL ANGLE OF 600 31'00" A DISTANCE CF 8CO.61 FEET; THe~CE NORTH 45°C4'16" WEST, 130.QO FEET TO lHE BEGINNING OF A TANGE~T CURVE CONCAVE hCRT~EASTERLY 1014336-AMO PJlGE 24 I I I I I I I I I I I I I HAVING A RADIUS OF 558_Ca FEET; T~ENCE NCPTHERLY ALCNG SAID CURVE THRaUG~ A CENTRAL ANGLE OF 31°C4·5Q-A DISTANCE OF 302.72 FEET; THENCE NORTH 130 5q·17· WEST. 100_00 FEET TO THE BEGINhING OF A TANGENT CURVE CONCAVE EASTERLY HAVING A RACIUS OF 558.CO FEET; THENCE NORT~ERlY ALCNG SAIO CURVE THROUGH A CENTRAL Al\GLE OF 14°17'11" A DISTAftlCE CF 13q.15 fEET TO A POINT IN THE SOUTHERl~ RIGHT OF WAY LINE CF ~ARRCN ROAD C8Z FEET WIOE); THENCE ~ORTH 8~042tOO· ~EST, 82.00 FEET ALCNG SAID RIGHT OF WAY LlhE TO THE B.EGINNING OF A NON-TANGENT CURVE COf\'CAVE EASTERLY HAVING A RADIUS OF 640_00 FEET; THENCE SCUTHERLY AlGNG SAID CURVE THROUGH A CENTRAL ANGLE OF 14°17'17"' A OISTA~CE OF 159.60 FEET TO THE BEGlr-cNING GF A REVERSE CURVE CONCAVE NORTPWESTERLY HAVING A RADIUS OF 20.00 FEET; THENCE SOUT~WESTERlY ALONG SAID CURVE THRCUGP A CE~T~AL ANGLE OF QOoOC'OO" A O(STA~CE OF 31.42 FEET; THENCE SOUTH 76°00'00" WEST, 122.50 FEET TO THE BEGINNING CF A TANGENT CURVE CONCAVE SQUTHEPLY HAVING A RADIUS OF 530.00 FEET; THENCE WESTERLY ALONG SAID CURVE T~RCUG~ A CENTRAL ANGLE OF 40 0 48'Oe" A DISTANCE OF 377.43 FEET TO A POINT IN THE RIGHT CF WAY LINE OF JEFFERSGN STREET 160 FEET ~IOE); THENCE SOUTH 54°47'25. EAST, 60.00 FEET 10 THE BEGINNING CF A NONTANGENT CURVE CONCAVE SOUTHERLY H~VING A RADIUS OF 410.0C FEET; THENCE EASTERLY ALONG SAID CURVE THRGUGP A CENTRAL ANGLE OF 400 48'C8" A DISTANCE OF 334.10 FEET; THENCE NORTH 16°QO'00" EAST 122.50 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SCUTHWESTERLY hAVING A RAOIUS CF 20.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE TPRCUGH A CENTRAL ANGlE~OF 90~OOtOO" A DISTA~CE OF 31.42 fEET TO THE BEGINNIr-cG OF A REVERSE CURVE CGNCAVE NORTHEASTERLY HAVING A RADIUS CF 640.00 FEET; THENCE SGUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 31~04t=sn A DISTANCE OF 347.2C FEET; THENCE SOUTH 45°04'16" EAST~ 130.00 FEET TO THE BEGINNING CF A TANGENT CURVE CONCAVE NORTHEASTERLY ~AVING A RAOIUS OF 840_00 FEET; THENCE SCUTPEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE CF 60°31'00" A D[STA~CE CF 887.22 FEET; THENCE NORTH 74°24'44" EAST, Q7.60 FEET; THENCE NORT~ 15~35'16" WEST~ 82.00 FEET TO THE TRUE POINT CF BEGI~NING. THE FOLLOWING MATTERS AFFECTING PARCEL .... ~' I (iii GENERAL ANU SPECIAL COUNTY ANIJ CITY TAXES .f . REPORT TO FOLlOW_ I \tz:) TI'E FACT THAT THE OWNER!HI F CF SA 10 LAND DOES NCT INCLUDE ANY ~GHT OF INGRESS OR EGRESS Te CR FROM ThE hIGHWAY COhTIGUCUS I THERETO, SAID RI~HT PAVING BEEN RELINQUIShED BY OEED TO : STATE OF CALIFORNIA I I I FECORCED : SEPTEMBER e. 1Q64, RECORDER'S FILE NO. 163412 SAlt DEED RECITES IN PART AS FCLlOWS: ·PRCVIOEO~ HO~EVER, THAT SUCH RE~AINING PROPERTY SHALL Ae~T lPCN ANO HAVE ACCESS TO SAID fRONTAGE RCAD W~ICH ~ILL BE CCN~ECTED TO THE FREE~AY ONLY· AT SUCH POlhTS AS 'AY BE ESTABLISHED BY PUBLIC AlTHCRITY." ~0S" THE FOlLCWING RECITAL CONTAINED IN THE DeEO TO THE STATE OF lC14336-AMD FAGE 25 I" 1 I I I I CALIFORNIA: THE. GRANTeR FURTHEIr UNOERSTANOS: THAT THE PRESENT INTE~TION OF THE GRANTEE IS TO CCNSTRUCT AND MAINTAIN A PUBLIC HIGHWAY ON THE LANDS HEREBY CCNVElEO IN FEE AND FeR GRANTOR~ FOR HIMSELF. HIS S~CCESSORS ANC ASSIGNS~ HEREB~ WAIVE£ ANY CLAl~S FCR ANY AND ALL nA~AGES TO GRANTOR'S REMAINING PROPERTY' CONTIGUOUS TC THE P~GPERTY HEREBY CO~';EYEC: BY' REASON OF THE L.OCA-TIGN., CO~STRUCTICN. LANDSCAPING OR MA[NTENANCE OF SAI~ HIGHWAY SAID OEErr WAS RECOROED .:: SEPTEMBER a. 1(j(:4 ReCORDER'S FILE NC_ r 163432 " : I ,.;:::, Ttie RIGHT TO EXTEND AND fJAlfliTAIN ORAI~AGE SlRUCTURES ANC '''1!1CAVATION AND EMBANKMENT SLCPES BEYCNO TtiE LIMITS OF ThE RIGHT CF ~AY GRANTED THEREIN WHERE RECUIRED FeR CONSTRUCTION AND t'AINTENANCE GRANTED TO : THE CITY CF c.aRLseAC I RECCRCED : ,.ARCH Il?' 1<366, REtURDER'S FILE NO. 42245 I /Sl. AN AGREEf-4ENT FeR CCNSTRUCTICf\, CFER.4TIC!N ANC REC IPRGCAL EASEMENTS ~TED JULY 28, 1969. EXECUTED BY A~O eET~EEN PLAZA CAMIN~ REAL, A CAltFCRNIA LIMIlEC PARTNERSHIP, TPE MAY DEPARTMENT STORES CC"PANY~ A NEW YCR~ CORPORATION ANC J. C. PENNEY COMPANY. INC., A DEl~WARE CORPORATION, PECCRO~D JULY 28. 196<3~ RECCROER·S FILE ~G. 135913 IN THE OFFICE OF COUNT ..... RECORDER OF SAN DIEGG CCUf\T'V .. I I I I REFERENCE IS MAOE TO SAle DCCU~E~T FCR FULL PARTICULARS. AN AMENDMENT TO THE AeCVE AGREE~ENT CATEC SEPTEMBER 24. 1<371, RECCROEO SEPTEMBER 27, 1~11r RECCRDER'S FILE Ne. 22C157. k SECOND AMENDMENT TO SAID AGREE~ENT CATED OCTOBER 6, 1916. RECORDED OCTOBER 26, lQ7cr RECCRDER'S FILE NO .. 1~-354986 .. I ./'6':) AN EASEMENT AFfECTlfliG SA [0 LAND FOR THE PURPOSES STATED hEREIN ~O INCIDENTAL PURPOSES IN FAVOR OF : SAN DIEGO GAS & ELECTRIC COMPANY, A CGRPCRATtGN I FOR :-A LINE CF PIPES FOR THE TRANSMISSICN ~NC DISTRIBUTICN OF GAS AND ALL PURPOSES CONNECTED THEREWITH AT SUCH LOCATIONS ANC ELEVATIO~S, IN r UPON, U~DER, AND/OR AlCNG I I I I RECORDED" .. . . l014336-AMD THE HEREINAFTER DESCRleEC EASEMENT ~f\C RIGHT OF ~AY AS GRANTEE ~AY ~OW (R tiEREAFTER OEEM NECESSARY CR CONVENIENT FRO~ TI~E Te TI~E, TCGETHER WITH THE RIG~T CF INGRESS THERETO AND EGRESS T~EREFROM BY A PR.4CTICAL ROUTE OR ROUTES IN, UPCN, CVER AND ACROSS THE HEREINAFTER DESCRIBED l~NOS, CR ANY PCRTIO~ CR PCRTIONS THEREOF, TCGETHER WITH THE RIGHT TO CLEAR AND KEEP CLEAR SAle EASE~E~T A~O RIGHT CF _tv, FROM EXPlCSIVES, MATERIALS, BUILDlf\GS CR OTHER STRUCTURES, I~PlE~ENTS OR CBSTRUCTIONS OCTCBER 4, lQ68, RECORtER'S FILE NC. 11358<3 FAGE I I I SAIG OEEa OCES NOT CCNT~rN THE LOCATICN CF SAn!. EASE~ENT_ I /:;J AN EASEMENT AFFECTlf\GSAIO L~NO FOR THE PURPOSES-STATED HEREIN ~~D INCtOENT~L PURPGSES I I I I IN FAVOR OF FOR ~ECCRDED .. .. .... - . - SAN DIEGG GAS & ELECTRIC COMPANY~ ~ CORPORATION THE TRANSMISSICN ~~O DISTRIBUTION OF ELECTRICITY ANa FC~ ~LL PURPOSES CONNECTED THEREWITH. UNCERGROUND FACILITIES CCNSISTrN~ OF CONCUITS. MANHOLES~ HANOHCLES AND JUNCTION BOXES ~ITH ~lRES AND CABLES PLACEC THEREIN ~NO ~ABOVEGRCUND STRUCTURES CCNSISTI~G OF TRANSFeRMER PAOS~ TRANSFOR~ERS ANO APPURTENANCES NECESSARY FCR THE OPERATION CF SAle UNCERGRCUND FACILITIES ANn ALL MISCELL~NEOUS EQUIP~ENT AND MATERIAL CON~ECTED THEREWITH OCTOBER 4 p 1968. RECCRDEP'S FILE NO. 113515 SAle GEEO DCES NOT CONTAIN THE LOCATION OF SAID EASE~E~T. I II!. AN U~RECCRCED lEASE ... AF.FECTING THE PREMISES HEREIN STATED, . EXECUTED BY AND eETWEEN THE PARTIES NAMED hEREIN FeR THE TERM AND UPON· THE TERMS~ COVENANTS AND CONDITIONS THEREI~ PRCVIDED. I DATED :: OCTOBER t~ 191t LESSCR, ~ PLAZA CAMINO REAL. A C~LIFORNI4 LI~ITED PA~TNEPSHIP. AND I I --lESSEE CISCLOSED BY :: ~ECCRCED AFFECTS : -. AN ~~SIGNMENT OF EXECUTED BY :: TO :: RECCRDEO : THE MA·Y DEPARTMENT STORES CCMPANY, A NEh YORK CORPORATION FAR WEST SERVICES, INC., A CALIFORNIA CCRPOPATICN MEMORAN~UM OF LEASE CCTCBER 26~ 1916~ .RECCRCEP'S FILE NC. 76-354981 THE HEREt~ DESCRIBED PPOPERTY. THE LESSEE·S INTEREST IN SAID LEASE "AS FAR WEST SER~ICES, INC. WRG ASSOCIATES FIVE. A NEk JERSEY LIMITED PARTNERSHIP NOVEMBER' 18~ 1977. RECGRDER'S FILE I\G. 77-418281 AN U~R€COROED LE'SE~ AFFECTING THE PRE~ISES HEREIN STATEC~ EXECUTEIT BY AND eETWEEN THE PARTIES h~~EO HEREIN FOR THE TER~ AND UPON THE TER~S~ COVENANTS A~D CCNDITIONS THEREIN PROVIDED. CATED : NOVE~BER l~ 1977 lESSCR ~ WRG ASSOCIATES FIVE, A ~E~ JERSEY LIMITED PARThERSHIP lESSEE ~ FAR ~EST SERVICES, INC., A CORPORATICN DISCLOSED BY ~ SHORT FCRM LEASE RECCRDED : NOVEMBER 18, 1911, RECCPDER'S FILE NC. 11-41828! AN ASSIGNME~T OF THE lESSOR'S IhTEREST IN THE LEASE HEREIN REFERRED TO, GIVEN AS AODITICNAL SECURITY FOR THE PA~~ENl CF THE INCEBTEDNESS SECUREC BY THE CEED CF T~UST RECORDED : NGVEMBER 18, 1911, RECC~DER'S FILE NO. 77-478290 WHICH ASStGN~ENT WAS EXECUTED BY :: WRG ASSOCIATES FIVE, A ~E~ JERSEY LI~lTEG PARTNERSHIP IN F~VOR Of: T~E LINCOLN NATICNAL LIFE INSURANCE CCMPA~Y, ~N INDIANA CCRPCRATION l01433(::-AMO FAGE 21 I I I REGCRDED LEASE -. --.' NOVEM8ER Ie. 1977. REGCROER·S FILE NO. 17-418291 TC FA~ WEST SERVICE5 A DEED OF TRUST TO SECURE AN INCEBTEONESS OF THE AMOUNT STATEC HER E I N DATED AMOUNT TRUSTOR TRUSTEE ~ NCVE~8ER 1, 1971 $635,~56.0O: -.. WRG ASSGCIATES Fl~E. 4 NEW JERSEY LIMITED PARTNERSHIP --CHICAGO TITLE INSURANCE CCMPANY 8ENEF leI A RY'!: THE LIhCOLN NATIONAL LIFE INSURANCE COMPANY. AN INDIANA I CORPCRATION RECOPDED : NCVEM8ER 18, 1~77, RECOROER·S FILE NO. 11-478290 \ SY A~ INSTRU~ENT RECORCEO NOVEMBER 25, 1917, RECORDERtS FILE NC. I ,11-4~~~93, THE HEREINABOVE MEI\TICNED ftlEfoiC~ANDUM OF LEASE wAS AMEf\OED .. I I I I I I I I I I I THE FOLLOW I NG MATTERS AFFECTING PARCEl~ GENERAL AND SPECIAL COUNTY A~O CIT) TAXES AN AGREEf-'ENT ARTICULARS DATED :. BY AND 8 ETW fEN !:. REGARDING RECORDED -.. .. .. TO ~HIC~ REFERENCE IS rERE8Y MADE FOR FULL JULY 28, 1969 PLAZA CAMINO REAL. A CALIFCRNIA Llf-'ITEC FART~ERSHIP, TPE MAY DEPARTMENT STCRES COMPAN), A ~EW YOPK CCRPORATIC~ AND J. C. PENNEY COMPANY, INC., A DELAWARE CORPORATION. . CONSlRUCTION, (PERATICN AND RECIPROCAL EASEMENTS JULY 28~ lq6~~ RECCRDEP'S FILE NO •. 135913 IN THE OFFICE OF COUNT~ RECCRDER CF SAN DIEGG COLNT~ SAID ~ATTER AFFECTS THIS ANO eThER PRCPERll. AN ~MENCMENT TO THE ABOVE AGREE~ENT [ATEO SEPTEM8ER 24. 1971, RECORCED SEPTEMBER 27, lS71. RECORDER'S FILE NO. 220157. ~ AN EASEf-'ENT ~FfECTING SAle LAND FeR THE PURPOSES STATED HEREIN ~D INCIDENTAL PURPOSES IN FAVOR OF : SAN DIEGO GAS & ELECTRIC COMPANY, A CORPORATICN FeR : A LINE OF PIPES FOR lhE TRANSt-fISSICN AND DISTRIBUTION CF GAS AND ALL PCRPCSES CC~NECTED THEREWITH ~T SUCH LOCATIONS ANC ELEVATIC~S, IN, UPON. UNDER, AhD/OR AlCNG THE HEREINAFTER DESCRIeeD EASEMENT AND RIGHT OF WAY AS GRA~TEE MAV New CR ~EREAF1ER DEEM ~ECES~ARY OR CO~VENIENT FRO~ TIME TO TIME, TCGETHER WITH THE RIGHT OF INGRESS lHERETO AND EGRESS THEREFROM BY A PR~CTICAL ROUTE OR ROUTES IN r UPO~, OVER JNO ACROSS T~E HERE[NAFTER DESCRIBED LA~DS, OR ANY PCRTION OR PCRTICNS ThEREOF, l014336-At-fD PAGE 28 I I I I I RECCRDED · · TOGETHER-WITH TPE RIGHT TO CLEAR AND KEEP CLEAR SAID EASe~E~T ANC RlGHT OF ~AY. FROM EXPlCS[~ES~ ~ATEPIALS~ BUILDINGS CR OThER STRUCTURES, I~PLE~ENTS QR OBSTRUCTIONS (CTCBER 4. 1968, RECORCER'S FILE NC. 1135SQ SAIO' DEED DOES NCT CONTAIN T~E LOCATION OF SAID EASEMENT. I (j) AN EASEMENT AFFECTING SAIIJ L~NO FOR THE PURPOSES STATED HE~EIN AND INCIDENTAL PURPOSES I IN FAVOR OF : SAN DIEGO-G~S & ELECTRIC COMPANY, A CCRPORATION FeR : UNDERGROUND FACILITIES CO~SISTING OF CONDUITS, MANHOLES, HANDHOLES ~NC JUNCTICN BCXES WITH WIRES A~D CABLES PLACED I I RECOROED · .' THEREIN ANC ABCVEGROUNO STRUCTURES CONSISTING CF TRANSfGR~ER PAGS, TRANSFCRMERS AND APPURTENA~CES NECESSARY FOR T~E aPER~TICN OF SAID UNDERGROUND FACILITIES A~D ALL ~ISCELLANEOUS EQUIPMENT AND ~ATERIAl CONNECTED T~EREkITH OCTOeER 4, lQ68, RECCRDEP'S FILE NO. 173595 I SA[D CEEe DOES NOT CCNTAIN THE LCCATION CF SAID EASE~ENT. _~'AN'AGREEfoIEf\T TC WHICH REFEREI'CE IS HE,PEBY ~ADE FeR FULL PARTICULARS •. .. I CATEC BY AND BETWEEN: SEPTEMBER 19.· 1~68 TH~ MAY DEPARTME~T STCRES CCMPANY. A NEW VCRK CORPORATICN ~NO SAN CIEGO GAS & ELECTRIC COMP~NY. A CORPCRATICN I I I I I I I I REGARDING PECCRDED .. ... . . ' EASE~ENTS CCTceER 4, 1~68, RECCRDER'S fILE NO_ 1135~l _ A DEED CF TRUST TO-SECURE AN INCEBTECNESS OF THE AfWOUNT STATED HEREIN DATED : AMOUl'tT TRUSTOR T~USTEE BENEFICIARY: ... · · · RECORDED -- SEPTEMBER 1. 1~1Z $25.,000.,COO.CO MAY PROPERTIES. INC.p A DELAWARE CORPCRATICN ROB E R T J.-B R .a \Ii LEY METRCPGLITAN LIFE INSURANCE CCMPANY. A NE~ YCRK CORPORATION JANUARY 29., 1913, RECORDER'S FILE NC. 13-024421 SAIC MATTER AFFECTS THIS AND CTHER PROPERTY. 8V AN INSTRUMENT DATED APRIL 1, 1914, AND PECORDED APRIL 4., 1~14., RECCRDER'S FILE NO. 14-085131, CERTAIN RIGHTS UNDER S.aIC OEEC CF TRUST wERE ASSIGNEe. ~ A LEASE. AFFECTING THE PREMISES HEREIN STATED. EXECUTED 9Y AND BET~EEN TPE PARTIES NAMED HERElf\, FGR TrE TER~ AND UFCN THE TERMS., COVENANTS AND CONOITICNS T~EREIN PROVIDED. OArED ~ NOT SrCWN 1014336-A~D PAGE 29 I~' I I I I lEsseR lESSEE TER 14- RECO~OEO .. -... ... . . MAY P~OPERTIESr INC •• A OEL~WARE CORPORATION THE MAY DEPARTfo*Ef\T STORES CCMPANY., 4. NE\<; YORK CORPORAT'lON NOT SHCWN JANUARY 29 .. 1913. RECCi~OERtS FILE NO. 13-024424 SAID MA.TTER AFFECTS THIS-AND CTHER PROPERTY •. I AN ASSIGNMENT ~EXECUTED, BY CF THE lESSOR~S INTEREST 1M SAIa LEASE WAS ~ , MAY PROPERTIES. INC_r A,DELAWARE CORPORATICM TO " I ,RECCRDEO : METROPOLITAN LIFE INSURAf\CE CO~PANY. A NEK YORK CORPORATION ~ 'JANUARY 2i3. 1';13 .. , RECORDER'S FILE NO. 13-(24428 I I I I I I I THE FOLLCWING MATTERS AfFECTING FARCEL~ GENERAL AND SPECIAL COUNTY AND CITY TAXES COVENANTS AND EASe~ENTS AS CGNTAINEC IN AN AGREE~ENT RECORDEC 1966t UNDER RECORCER'S FILE NG. 66916. REFERENCE IS MADE Te SAle CQCU~E~T FCR FULL PARTICULARS. AN A~END~ENT TO THE ABOVE AGREEMENT WAS RECORDED JULY 2B .. 1969. AS DOCUME~T NO_ 135915 CFFICIAL RECORDS. AfFECTS PARCEL G. ti\ EASEMENTS TOGETHER W [Ttf THE POWER Te GRANT LICENSES fOR THE USE OF ~IO EASEMENTS. AS GRANTED TO THE MAY DEPART~ENT STORES COMPANY. A NEW *tORI< CORPORATION" BY OEEO RECOROEC APRIL 21., 1966 UNGER RECCRCER'S FILE NO .. ~6914. SAle MATTER AfFECTS THIS AND CTHER PROPERTY. I 14) AN EASEMENT AffECTING SAID LA~O FOR THE PURPCSES STATEO HEREIN ~D IkCIDENT~L PURPOSES I I I I IN fAVOR OF : SAN DIEGO GAS & ELECTRIC COMPANY r A CORPCRATICN FOR : A LINE OF PIPES FCR THE TRANSMISSICN ANt DISTRIBUTION OF GAS AND ALL PURPCSES CC~NECTEO THEREWITH RECCRDED : OCTOBER 4, 1~~S, RECCRGER'S FILE NC. 113588 ANa 113589 S![C eEEn DOES ~OT CCNTAIN THE LeCATION CF SAle EASE~ENT. THE IhTEREST CF SAN DIEGO G~S & ELECTRIC CC~PANY, A CORPORATION, WAS ELI~[NATED ev A CUITCL~I~ OEEO RECORDED AUGUST 22, 1972, UNDER RECGROER·S PILE NO. 223172 AS TC SA[O LAND, WIT~ T~E EXCEPTION OF CERTAIN STRIPS OF LAND e FEET' WIDE AS ~ORE PARTICULARLY DESCRIBED IN THE ABG~E REFERRED TO QUITClAI~ DEED ~NC THE RIGHT CF I~GRESS THERETO AND EGRESS THEREFRO~. 1014336-AMO PAGE 30 1'-, I I c ,0" . "!", .". IQ AN"E~SE"ENT' AFFECTING TI'E PCPTtaN OF SAID LAND AND fOR THE PURPOSES STATED ~EREI~~ A~O INCICENTAL PURPOSES I IN FAVOR OF ~ SAN DIEGIT GAS' ELECTRIC COMPANY FOR : GAS PIPE lINES ANC INCIDENTAL PURPCSES I I I I I I I I I I I I I I RECORDED : OCTOBER 4. 1968. RECORCER'S FILE N&. 173590 AFFECTS, :. .. AS FClLOWS:;· .-;" .... -. THOSE CERTAIN 6.00 FcaT ~IDE STRIPS OF lANC~ BEING 3.0C FEET QN EACH ANC EVERY SIDE OF THE "GAS FACILITIES" AS THEY EXIST OR WILL EXIST~ THE LOCATIONS OF WHICH ARE SHOWN ON T~E PLAN MARKED EXHIBIT "A". ATTACHED HERETO AND BY THIS REFEPENCE MACE A PART HEREGF. • AN AGREEMENT "fARTI CUlARS DATED .. . BY AND B ETWE EN : TO WHICH REFERENCE IS ~EREBY MADE fCR FULL SEPTEMBER lQp 196& PLAZA CA~I~O REAl~ A lI~ITEO PARTNERSHIP. AND SAN DIEGO GAS , ELECTRIC COMPANY. A CGRPCRATION REGARCING : EASE~ENTS RECORDED :: OCTOBER 4. 1968. PECGPDER'S FILE NC_173591 QAN EASEMENT AFFECTING: SAIl:! LAND FOR IrE PURPOSES STATED ":'EREIN ~ND INCICENTAL PURPCSES IN FAVOR OF :; SAN CIEGe GAS & ELECTRIC COMPANY~ A CQRPCRATION FOR :; UNOERGPOUNC .NC ABOVEGRCUNO ELECTRICAL FACILITIES ~NQ ALL MISCELLANEOUS EQUIF~ENT AND MATERI.l CONNECTED. THEPE~ITH . RECORDED :; OCTOBER 4,. lq6a~ RECCRoefPS FILE NO. 113594 AND 173595 THE INTEREST OF SAN. DIEGO GAS & ELECTRIC CCMPANY,. A CCRPORATICN WAS ELIMINATE.D BY A> QUITCLAIr-t DEEC PECCROEO AUGUST 22, 1<112 UNDER RECORDER'S FILE NO. 223172 AS TO SAID LAND,. WIT~ I~E EXCEPTION OF CERTAIN STRIPS OF LAND 8 FEET WIDE AS ~CRE PARTICll~RLY DESCRIBED IN THE ABCVE REFERRED TO QUrTCLAIM DEEO ANO THE RIGHT OF INGRESS THERETO AND EGRESS THEREFRO~. II A LEASE~ AFFECTING THE PRE~rSES HEREIN STATED,. EXECLTED BY AND BETWEEN THE PART[ES NAMED HEREI~~ FeR THE TER~ AND upeN THE TER~S,. COVENANTS AND CONDITIONS THEREIN PROVIDED. OATED : JANUARY 12,. 19t8 LESSCR ~ PLAZA CAMINO REAL. A CAL[FCRNIA LIMITED PARTNERSHIP LESSEE : .F. W. WOCL~ORTh CO •• A CDRPCRATION RECCRDED : DECEMBER 26,. 1968, RECO?DER'S FILE NO. 226463 SAID ~ATTER AFFECTS THIS AND OTHER FRCPERTY. ~ AN AGREEMENT PART[CULARS . DATED .. .. BY AND BETWEEN :. TO WHICH REFERENCE IS HEPEBY MADE FCR FULL J Ul Y 28,. 1969 PL~lA CAMINO REAL, ~ CALIFORNIA LIMITED PARTNERSHIP, THE ~AY DEPART~ENT STORES COMPANY, A NEk YCRK CORPORATION, ~NO J. C. PENNEY COMP.N~, INC., A DELAWARE ", ,~ . ", '. '" P·AGE 31 I~' I I I I I REGARDING RECCROEO · · · · CCRPCR~TICN CCNSTRUCTI(N~ CPERATICN ANC RECIPR(CAL EASEMENTS JULY 28, 1965, AS FILE/PAGE NO. 135913 IN THE OFfICE OF COUNTY RECCRDER OF SAN DIEGO COUNTY. NOTE: AMENDMENT RECORDED SEPTE~BER 27. lS71 y UNDER RECORDER'S FILE NO. 220151. SAID MATTER AFFECTS THIS AND OTHER PROPERTY. I 4IIt AN EASE~ENT AFFECTING TrE PCRTIGN OF SAID LAND AhD FeR THE PURPOSES STATED HEREIN, AND INCIDE~TAL PURPOSES IN FAVOR Of : SAN DIEGO GAS & ELECTRIC COMPANY, A CORPCRATION I FOR : THE TRANSMISSICN AND DISTRIBUTION OF ELECTRICITY UNDERGRCUND fACILITIES A~D I~CIDENTAl FURPCSES RECORCEC : SEPTEMBER 2f, lS69, RECCRCER'S FILE NO. 117172 ANC AFFECTS : AS FOLLOWS: I I THAT CERTAIN PORTION CF THE WEST HALF CF SECTION 32, TOWNSHIP 11 SOUTH, RANGE 4 WEST, SAN 8ERNARDINO MERIDIAN, BEING A STRIP OF LANe 6.00 fEET IN WIDTH, LYING ADJACENT TC, CC~TIGUOUS kITH AND NORTHERLY CF THE FClLOkING I CESCRIBED LINE: ~ CO~~ENCING AT THE SCUTHWEST CCRNER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 32; ThE~CE NORTH 0°24'41" kEST ALONG WESTERLY LINE OF SAID SCUTH~EST QUARTER CF THE NORTHWEST CUARTER, A I DISTANCE CF lq5.12 FEET; THENCE LEAVING saID WESTERLY LINE EAST 657.32 fEET; THENCE NORTH 77°15'51" EAST, 102.92 FEET TO T~E TRlE FOINT OF BEGI~NING OF THE LINE HEREIN OESCRIBEC; lHENCE FROM SAID TRUE PCINT CF BEGINNING. AND RETRACING SOUTH 11°15'51" ~EST, 120.00 FEET. I ~ AN EASE~ENT AFFECTI~G THE PCRTION Cf SAID LAND AND FOR THE ~RPOSES STATED HEREI~. AND INCICENTAt PURPOSES IN F~VOR Of! SAN CIEGO GAS & ELECTRIC COMPANY FOR : GAS PIPE LI~ES AND INCICENTAL PURPOSES I RECORDED : SEPTEMeER 26, 1~69, RECCRCER'S FILE NC. 171202 AfFECTS ~ A STRIP OF LANe 6.0C FEEl IN WIDTH, LYING ACJACENT TO. THE I I CONTIGUCUS kITH A~C NCRT~ERLY OF THE FCLLDkING DESCRIBED LIf\iE: I I I COM~ENCING AT THE SCUTHWEST COR~ER CF THE SOUTHWEST CLARTER CF THE NORTHWEST QUARTER OF SAID SECTION 32; ThENCE NORTH 0°24'41" WEST ALONG WESTERLY LINE OF S~IO S(UTHWEST QUARTER OF THE NCRTHWEST CUARTER, A DISTANCE OF 195.12 FEET; THENCE LEAVING SAID WESTERLY LINE EAST, 657.32 FEET; THENCE NORTH 11°15'51" EAST, 1C2.S2 FEET TO THE TRUE POINT CF BEGINNING OF THE LINE HEREIN OESCRIBEC; THENCE FROM SAID TRLE POINT CF BEGINNING A~O RETRACING SOUTH 17°15'51" ~EST, 120.00 FEET. ~ CC~ENANTS, CCNOITICNS ANC RESTRICTICNS IN TrE OEED RECORCEO : OCTCBER 21, 196Q, RECCROE~'S FILE NO. lQ3480 1014336-A~C PAGE THE I'· I I I I I I RESTRICTIONS? IF ANY, BASED (N RACE. COLOR, RELIGICN CR NATICNAl ORIGIN ARE CElETEO • .,. AN AGREEMENT PARTICULARS DATED · · ev AND 8 ETWEEN :- REGARDING RECORDED · · : TO WHICH REFERENCE IS ~EREBY MACE FCR FULL JANUARY IS, 1910 FAWCC, A CQ-PAR1NERS~IP, BERNARD CITReN AND HARRY J. L. FRANK, JR •• AND ~ENTR.AL FEDERAL SAVINGS AND LOAN ASSOCIATICN CONSTRUCTICN Qf A "ALL FEBRUARY 2, 1970, RECCRDER'S FILE NO. 18921 SAID ~ATTER AfFECTS: PARCEL 10, PARCEL ~AP NO. 1569 I' r'" AN AGREEMENT PARTICULARS TO WHICH REFEPENCE IS HEREBY MADE FOR FULL I I I I I I I I I I I DATED .. .. BY .A N D e ETW E EN! REGAROING RECORDED .. . ' · .. SEPTE~eER 23, 1910 FAWCC? A CC-PAIHNERStHP, BERNARD CITRCN ANa HtsRRY J. L .. FRtsNK, JR., ts~C THE UNITED STATES NAIIO~AL BANK, A NATIONAL BANKING INSTITUTION CONSTRUCTICN OF .A WALL NO~EMBER 4? 1910, REC(RDER'S FILE Ne. 2Q2145 SAID ~ATTER AFFECTS: PARCEL 9, PARCEL MAP NO_ 1569 ~ AN EASE~ENT AfFECTING TrE P(RTICN OF SAID LAND A~D FeR THE PURPCSES STATED HEREIN, AND I~CIOENTAL FLRPOSES IN FAVCR OF : THE CITY OF CARLSBAD, A ~UNICIPAL CCRPCRATICN FOR : WATER LINE RECORDED : SEPTEMBER 15, 1911, RECCRCER'S FILE NC. 20eeS8 AFFECTS : AS FCLLC"S: THAT PORTION OF SECTION 32~ TCWNSHIP 11 SCUTH, RANGE 4 ~EST. SAN eERN~RDINO MERICI.N, CESCRIBEO IN THAT CEED TO THE PARKING AUTHCRITY OF THE CITY OF CARLSBAD FRO~ PLAZA (A~INO ~EAL DATED OCTCBE~ 21. 1969 AND RECCRDED OCTCBER 21, 1969 U~CER RECCRDER'S FILE NO. 19348C IN THE OFFICE OF CCUNTY RECORCER CF SAN DIEGO (CUNTY, C.LIFORNIA, TrAT IS CCNTAINED WITHIN A STRIP OF LAND 1S FEET I~ WIDTH, eEING 7.5 FEET I~ "10TH ON EACH SIDE CF TH~ FOLLO~I~G DESCRIBED CENTEP Lt~E: BEGINNING AT THE INTERSECTIO~ OF THE CENTERLINES CF EL CA~I~C REAL AND ~~RRON ROAD AS SHOWN ON PARCEL ~AP ~O. 184 FILED IN IrE OFFICE GF COUNTY RECCROER CF SAN DIEGC CCUNT~. THEI\CE FROM SAIC POINT_ OF BEGIN~ING SOUTt"' 63°18'50'1 wEST ~ OI5TANCE OF 117.00 FEET TO THE TRUE POI~T CF eEGINNI~G; THE~CE SOUTH 69~09'4~" "EST~ A CISTANCE OF 761.03 FEET; 1/)14336-A..,D PAGE 33 I I I I I I I I I I I I I I I I I I I THENCE SOUTH 12°15'35" WEST. A DISTANCE CF 632_1Z FEET; THENCE SOUT~ Qo el'55" WEST. A DISTANCE CF 415.7Q FEET ALONG A LINE THAT IS PARALLEL WITH AND 7.5 FEET EASTERLY CF THE EASTERLY LINE CF LOT 12 OF HaSP EUCALYPTUS FCREST CC~PA~~'S TRACT NO.1, ACCORDING Te ~AP THEREOF NO~ 1136, FILED IN ThE CFFICE CF COUNTY RECCROER OF SAN DIEGO COUNTY. SAID INSTRUMENT ALSO GRANTS THE RIGHT Te EXTEND AND ~AINTAIN DRAINAGE STRUCTURES ANC EXCAVATI(N AND E~eANK~ENT SLOPES BEY(NO THE LIMITS Of SAIO RIGH~ OF WAY WHERE RECUIRED FOR CONSIRUCTIO~ AND '-AINTENANCE. VARIOUS UNRECORDED LEASES FeR T~E TERMS AND upeN THE TERMS, COVENANTS o CONDITIONS THEREIN PR(V[CEO EXECUTED 8Y PLAZA CAM INC PEAL, A CALIFORNIA LIMITED PART~ERSHIP AS LANCLCRO ~ND NUMERCUS TENANTS AS LISTED IN AND DISCLOSED BY A OCCUMENT ENTITLED "ASSIGNMENT OF LESSOR'S INTEREST IN LEASES" WHICH WAS RECORDED AUGUST 22, 1~72, UNDER RECCRCER'S FILE NO. 223174 .. AN ASSIGNMENT OF EXECUTED BY : TC RECORCEO · · · · THE LESSEE'S INTEREST IN SAID LEASE WAS FEOERAL DEPCSIT INSURANCE CORPORATI0~, AS RECEIVER OF UNITED STATES NATIO~AL BANK ~ CROCKER ~ATICNAL 8A~K, ~ ~ATIGNAL eA~K[NG ASSOCIATION JUNE 19" 1914, RECOPCER-S FILE NO. 14-162817 SAle MATTER AFFECTS: P~RCEl 9 HEREIN DESCRIBED. Cfj A HERE(N OATED AMOUNT TRUSTOR TRUSTEE DEED CF TRUST TO SECURE AN INOESTEC~ESS GF THE A~OUNT STATED -· · .. · .. · · BENEFICIARV : RECCRDED -- AUGUST 22, 1912 $6.000,OCO.OC PLAZ~ CAMINO REAL, A CALlfCRNIA LIMITED PARTNERSHIP TITLE INSURANCE A~D TRUST CQMPANV, A CALIFORNIA CCRPCRATION JCHN HANCOCK MUTUAL LifE INSURANCE COMP~NV, A MASSACHUSETTS CCRFG~ATICN AUGUST 22, 1~12, RECORDER'S FILE Ne. 223113 SAle MATTER AfFECTS THIS AND CTHER PROPEPT~. AN ASSIGN~ENT OF THE LESSOR'S INTEREST I~ THE LEASE HEREIN PEFERRED TO, GIVEN ~S ACCITIONAL SECURITY FCR THE P~~~ENT OF . THE l~DEBTECNESS SECUREC BY THE (EED CF TPUST RECCPCED : AUGUST 22, 1912, RECCRCEP'S FILE NO. 223113 WHIC~ ASSIGN~ENT WAS EXECLTED BV: PLAZA CAMING REAL, ~ CALIFORNIA LI~IIED PARTNERSHIP IN FAVOR OF : JOHN HANCOCK MUTUAL LIFE INSURANCE CO~PANYt A ~ASSACHUSETTS ((RPOPATICN PECCROED : AUGUST 22, 1912, RECCRCER'S FILE NO. 223114 LEASE : VARICUS UNRECORDED LEA~ES AS LISTED IN AND DISCLOSED BY A PAGE 34 I I I I DOCUMENT ENTITLED "ASSIG~MENT OF LEsseR'S INTEREST I~ LEASES" WHICH WAS RECCRGEG AUGUST 22~ 1912 UNDER RECORDER'S FILE ~O. 223174. I AN ASSIGN~ENT OF T~E LESSOR'S INTEREST I~ THE LEASE HEREIN . REFERRED TO~ GIVEN ~S ADDITICNAL SECURITY FOR THE PA~MENT OF THE INDEBTEDNESS SECURED ey THE (EEe CF TRUST I I I I I RECORDED : AUGUST 22p 1912. RECCRDER'S FILE NO. 223113 WHICH ASSIGN~ENT WAS eXECUTED BY: PLAZA CAMINe REAL. A lI~ITED PARTNERS~IP IN F~VOR OF : JOHN HANCOCK ~UTUAL LIFE INSURANCE CCMPANY. A RECORDED LEA SE · · · .. CORPORATION OF THE CCM~CNWEALTH OF MASSACHLSETTS AUGUST 22~ 1972 p RECQRCER'S FILE NO. 223175 F. ~. WOOLWORTH CC •• A CORPCRATION AN ASSIGNMENT OF THE LESSCR'S INTEREST I~ THE LEASE HEREIN REFERRED TO? GIVEN AS ADCITIONAL SECURITl FCR fHE PA~~ENT OF THE INDEBTEDNESS SECURED BY. THE CEED CF TRUST RECORDED ~ AUGUST 22. 1~72t RECCRDER*S FILE NO. 223173 WHICH ASSIGN~ENT WAS EXECUTED BY : PLAZA CAMl~O REAL, A CALIFORNIA LIMITED PARTNERSHIP IN FAVCR OF : JOHN HANCOCK MUTUAL LIFE INSURANCE CCMPA~Y, A M~SSACH~SETTS CORPCRATltN I RECORDED I C ' : DECEMBER 31, 1974, ~EC(~DER'S FILE NO. 14-337882 ~. lE~SE CATED OCTC8ER 11. Ig14, BETWEEN PLAZA CA~INO A CALIFCRNIA LI~ITED PARTNERSHIP. AND MARRIeTT CORPCRATtON p A CELA~ARE CCRPORATtON. PEAl. ,.. THE FOLLOwING MATTERS AFFECTING PARCELS H AND~ I ~l. FeR TAXES SEE FIRST PARAGRAPH OF ThIS REPORT. v~~ COVENANTS. EASEMENTS AND TE~PCRARY LICENSES. AS CO~TAINEC IN AN I I~STRUMENT ENTITLED "CCNSTRUCTION, OPERATION AND RECIPROCAL EASE~ENT AGREEMENT~, RECQRCEC APRIL 21. 1966p UNDER RECCRDER'S FILE ~O. 66915. I I I I I REFERENCE IS MADE TO SAra DOCU~ENT FOR FULL PARTICULARS. 3. COVENANTS ANC EASEMENTS AS CCNTAI~EO IN AN AGREE~E~T RECCRDED APRIL 21~ 1966. UNDER RECCRCERtS FILE NO. 66~16. REFERENCE IS MADE TO SAle DCCU~ENT FOR FLlL PARTICULARS. 4. EASE~ENTS TCGETHER hITH THE PCkER TC GRANT LICENSES FOR T~E USE CF SAIC EASEMENTS, ~S GRANTED TO T~E MAY DEPARTMENT STCRES COMPANY. A NEW YORK CORPORATION, BY CEEe RECCRCED APRIL 21, 1966 UNCER RECQRDER'S FILE NO. 66~14. ,. AN AGREE~ENT TC WrICH REFERENCE IS HEREBY ~ADE fCR FLlL P!.RTICUlARS 10 14?3 6-AMD PAGE 35 I· 1 I I I I I I I I I ·1 I I I I I I I ' .. DATED .. . BY' AND BETWEEN :; REGA~CING RECQRCED .. .. -- JULY 28~· lq6g PLAZA _CAr-rNO REAL .. A CALIFORNIA LIMITEC PARTt-cERSHIP., TrE MAY DEPAR1MENT STCRES COMPAN~, A NEW ~ORK CCRPORATICN AND J. C. PENNEY COMPANY, INC., A DELAWARE .CCRPCRATICN CCNSTRUCTION, OPE!(ATICN AND RECIPROCAL EASEMENTS JULY 28. lq69~ AS FILE/PAGE NO. 135913 NOTE: A~ENOMENT RECORCED SEPTEMBER 21, lQ71, RECCRDER'S FILE NO. 220157. '6~ AN UNRECCRDED LEASE~ AFFECTING THE PRE~rSES HEREIN STATED, EXECUTED BY AND BETWEEN THE PARTIES NAMED ~EREIN FOR THE TERM AND UPCN THE TER~St COVENANTS AND CONDITIGNS THEREIN PRC~IDEC. DATED : MARCH 1, 1912 LESSCR : PEERAGE EQUITIES CORPCRATION, A DELAWARE CCRPCRATION LESSEE : J. C. PENNEY CC~PANY, INC., A DELAWARE CCRPORATICN DISCLOSED B~: ~EMORANDUM CF lE.SE RECCRDED : MARCH 22, lQ72,· RECORDER'S FILE NO. 68283 AFFECTS : ALL OF PARCELS h AND I. AN ASSIGNMENT OF EXEC.UTED BY ~ TO ~ REceRCED THE LESSOR'S INTEREST IN SAID LEASE "AS PEERAGE ECUITIES CORPCRATION, A DELAWARE CCiPORATICN CORPORATE PROPERTl t~~E5TORS, A M~SSAC~USETTS BUSINESS TRUST AUGUST 24~ 1972, RECCRCER-S FILE NC. 2251~5 SAIC LEASE ANO SUBSEQUENT ~SSIGNMENTS HAS BEEN SUBORDINATEC TO THE SUeJECT ~ATTER REFERRED TO IN THIS PARAGRAPH, BY THE PROVISIONS GF AN INSTRL~ENT RECORtED :-OCTCBER 2S, 1912, PECCRDER'S FILE Ne •. 286138 SUBORDINATED TO: ~ OEeD OF TRUST RECCRDED : (CTOBER 25, 1912, RECCRDEq'S FILE NO. 2e6136 T.. A CEEO Cf HER E IN OATEO .. · AMOU~T TRUSTOR TRUSTEE BENEFICIARY: · · .. · .. · RECCRDED · · TRUST TO SECURE AN INDEBTEDNESS OF THE A~GUNT STATED OCTCBER 25, 1972 $2~140.0CQ.CC NE~ ~ARJORA~ ASSCCIATES, A NEW YORK PARTNERSHIP UNITEe CALIFORNIA BANK, A CALIFORNIA C(RPORATION UNITED CALlfCR~IA eAN~, 4 CALIFORNIA eANK C C Tee E R 25, 1 <; 7 2, R E C C ROE R • S F I lEN C. 2 8 6 13 6 AN ~SSIGNMENT OF THE LESSOR'S I~TEREST IN THE LEASE HEREI~ REFERRED TO, GIVEN AS AOOITICNAL SEC~RITl FOR THE PAYMENT OF THE INCEBTEDNESS SECUREC BY THE CEED OF lRUST WHICH ASSIGN~ENT WAS EXECUTED BY : NE~ ~ARJCRA~ ASSCC[ATES IN fAVOR OF : UNIIED (ALIFCR~IA BANK ~ECOPCEO : CCTCBER 25, 1~72f PECCRCER'S FILE ~C. 2E6137 LEASE : DATED AS CF ~ARCH 1, 1972, eETWEEN PEERAGE EQUITIES CORPORATION, AS LEsseR AND J. C. PEN~EY CC~PANY, l~C •• AS l014336-AMO PAGE I I I I I I I I I I I I I I I I I I I LESS.EE NOTE: SAID INTEREST HAS BEEN FURThE~ ASSIGNED TO PUBLIC E~PLCYEES~ RETIREMENT SYSTE~, BY AN rNSTRU~E~T RECCROED OCTCBER 25, 1972, RECGROER·S fILE NC •. 286140 AND RE-~ECOROEC MARCH 15~. 1913, RECCRDER'S FILE NO .. 73-068184 .. THE BENEFICIAL INTEREST TO : BY ASSIGN~ENT DATED RECORDED . . - : UNDER SAID DEED CF T~UST WAS ASS1GNEC STATE CF CALIFORNIA PUBLIC E~PLGYEES' RETIREMENT SYSTEM OCTOBER 25, 1972 OCTOBE~ 25, 1972, RECORDER'S FILE ~Q. 286139 AND R E-RECQRDED: ~ARCH 15,1973, RECCRDER'S FILE NO. 73-06E183 l014336-AMD PAGE 37 I I I I I I .. THE L'NO REFERRED TC HEREIN IS SI~UATEn IN THE STATE OF CALIFCRNIA~ COUNTY OF S'N DIEGC p AND IS CESCRIBED AS FeLLOWS: CARLSBAO TRACT~ t{O··7cd ~/B lPLAZA CAMINO REAL SHOPPIN~ CENTER) BEI~G A SUBDIVISION OF: PARCEL A: I PARCEL 6 OF PARCEL, ~AP NO. 1569. IN THE CITY OF CARLSBAD? IN THE COUNTY ·OF SAN DIEGD, STATE CF CALIFORNIA. ACCCRCING TO ~AP THEREOF FILEC IN THE OFfICE OF CCUNTY RECCRDER OF SAN DIEGC CCUNTY, BEING A CIVISION OF PORTIONS OF SECTICN 32, TCWNSHIP 11 SOUTH, RANGE 4 WEST, SA~ BERNARDINO I MERIDIAN. ACCeRDING TC OfFICIAL PLAT THEREOF, TOGETHER WITH PORTIONS OF LOTS 13. 14 JND 42 OF HCSP. EUCALYPTUS FCREST CCMFA~V'S TRACT, ACCORDING TO ~AP THEREOF NO. 1136 FILED IN THE OFFICE OF COUNTY RfCCRCER OF SAN DIEGO COUNTY AND PORTIONS OF EUCALYPTUS STREET AS VACATED ANC CLOSED TO PUBLIC USE. I I I I I I I I I I I EXCEPT THEREFRO~ SAID SECTICN 32 ~ERErN CESCRI8ED, ALL MINERAL RIGHTS ANO ALl·OIL. GAS, PETROLEUM CR CTHER HVCROCARBON SUBSTA~CES hITHt~ OR UNDERLYING SAID L~NC WITHOUT RIGHT CF SURFACE ENTRY AS RESERVED IN DEEOS EXECUTED BY REGINALDO MARRON AND CARCLINE ~ARRCN9 RECORDED Ih BeCK 6699 PAGE 264 OF OFFICIAL RECORDS, Af\C BOCK 7112 PAGE 471 OF OFFICIAL RECOROS. ALSO EXCEPT THEREFROM SECTICN 32. HEREIN DESCRIBED ALL CF ThE OIL, GAS. AND ~lNER~LS AND MINERAL RIGHTS. LYlhG BENEATH A DEPTH OF 500 FEET FROM THE SURFACE OF SAID LAND. TCGETHER WITH THE RIGHt OF ENTRY AT AhY POINT IN SUCH LANO LYING BELOW SAID DEPTH FOR THE PURPOSES OF EXPlCRlhG, DRILLING. CONVEYING. AND RE~OVAL OF ANY SLC~ SUBSTANCES AND INSTALLATION OF EQUIPMENT ANt PIPELINES FOR SUCH PURFOSES, PROVICED THAT ANY SUCH ENTRY AND ACTIVITY upeN SAID LAND FOR SUC~ PURPOSE SHALL eE CARR(ED OUT IN SUCl-i MANNER AS TO AVOID ANY INTERFERENCE ~ITH THE USE OF THE SURFACE OF SAID LANC~ AS EXCEPTED IN DEEDS. FROM FAWCO, ~ PARTNERSHIP, ~ILLIAM S. BARTMAN, FRED A_ BART~AN JR •• BERNARD CITROh, ANt ~ARRY J. l. FRANK, JR •• RECORDED APRIL ZIt 1966 UNDER RECORDER'S FILE NO. 6E913 AND 66568. PARCEL B: PARCEL 1 OF PARCEL ~AP NO. 156Q, IN T~E CITY CF CARLSBAD, IN THE COUNTY OF SAN DIEGD, STATE CF CALIFORNIA, ACCOPCI~G TO MAP T~ERECF FILED IN THE OFfICE OF CCUNTY RECCRDER OF SAN DIEGC CCUNTY, BEING A DIV[SIDN OF PORTICNS OF SECTION 32, TOWNSHIP 11 SOUTH, RANGE 4 ~EST, SAN eERNARDINO MERICIAN, ACCCRDING TO OFFICIAL PLAT THEREOF, TOGET~ER WITH PORTIONS OF LOTS 13, 14 AND 42 OF HOSP. EUCALYPTUS FOPEST CO~PAh)'S TRACT, ACCGROING TO MAP T~ERECF Ne. 1136 fILEC IN THE CFFICE OF CCUNTY RECORCER OF SAh CIEGO COUNTY ~NO PCRTIONS OF EUCAlYFTUS STREET AS VACATED ANC CLOSED TO PU8LIC USE. 1014336-~MO FAGE 38 · ' .. I I I' .: .... ~ EXCEPT THEREFRO~ SECTION 32~ HEREIN DESCPIEED. ALL CF T~E OIL. GAS AND I i MINER~L AND MINERAL RIGHTS y LYI~G BENEA1 .... A DEPTH Of 50C FEET FROM' THE ) SURFACE OF SAID LAND 9· TOGETHER \OO;ITH THE RIGHT OF ENTRY AT ANY POINT IN I SUCH LAND LYING eaow SAID DEPTH FOR THE PuRPOSES OF EXPlCRIf\G. DRILLING I CONVEYING AND RE~CVAL Of ANY SUCH SUBSTA~CES AND INSTALLATION CF E'UIPMENT i AND PIPELINES FOR SUCH PURPCSES, PRO'VIDEC THAT ANY SUCH ENTRY AND ACTIVITY ! UPON SAID LAND FOR SUCH PURPOSE SHALL BE CARRIED OUT IN SUCH MANNER AS TO I ' AVOID ANY INTERFERENCE WITH THE USE OF THE SURFACE Of SAID LAND. AS r EXCEPTED IN DEEDS fRO~ FAWCa, A PARTNERSHIP, WILLIA~·S. BART~AN. FRED A. BARTMAN. JR., BERNARD CITRON? ANcr HARRY J. L. FRANK JR •• RECCRCED I \ APRIL 21, 1966 UNDER RECORDER'S FILE NO. 66913 AND 6656S. ALSO EXCEPT T~EREFRC~ SAID PCRTICN OF SECTION 32. ABOVE ALL ~I~E~AL RIGHTS AND ALL OIL. GAS, PETROLEUM, OR OTHER HYDROCARBON SUBSTANCES WITHIN OR UNDERLYING SAID L~NO WITHOUT RIGHT Cf SURFACE ENTRY AS RESERVED IN nEEOS EXECUTED BY REGINALDO MARReN AND CARCLINE MARRON, RECORDED IN BOCK 6699~ I 1 1 I 1 I I 1 1 I I 1 PAGE 264 OF OFFICIAL RECCRDS Ahe BaOK 1112 PAGE 471 OF OffICIAL RECCRDS_ THAT PORTION OF LOTS 14 THRCt;GH le INCLLSI'IE, AND LOTS 31 TrRCUGH 42 INCLUSIVE .. Of HCSP .. EUCALYPTUS FOREST COMFANY'S TRACT, IN THE::CITY Of CARLSBAD, IN THE-COUNTY Of SAN DIEGO, STATE OF CALIFORNIA, ACCCROING TO MAP THEREOF NO. 1136 FILED IN THE OFFICE OF COUNTY RECCRCER OF SAN DIEGO CCUNTY, TOGETHER ~{TH A PCRTICN OF EUCALYPTUS STREET AS VACATED AND CLOSED TO PLeLIC USE DESCRIBED AS FCLlO~S: BEGINNING AT THE NORTHWEST CORNE~ OF SAID PARCEL MAP NC. 1569. TrENCE ALONG THE WESTERlY LI~E THEREOF SOUTH gel.71 FEET, THENCE lEA~ING SAID WESTERLY LINE NORTH 16°3CtOC~ WEST 331.90 FEET TO TrE BEGIN~ING OF A TANGENT 842 FCOT RADIUS CUR'IIE, CONCAVE SOUTHERLY, THENCE wESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 42°3C'OC" A DISTANCE OF 624.56 FEET, THENCE T~NGENT TC SAle CURVE SOUTH 61°00'00" WEST 114.26 FEET TO THE BEGINNING OF A TANGENT 758 FCCT RACIUS CURVE, CONCA~E NORTHWESTERLY, THENCE SGUTHWESTEPlY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 13°24'44" A DISTANCE CF 117.44 FEET, THENCE TA~GENT TO SAID CURVE SCUTr 14°24'44~ WEST 140.00 FEET, THENCE NCRTH 15°35'16" WEST 2S0.CO FEET, THENCE CUE NCRTH TC THE NCRTPERLY LINE CF SAID LOT 37. THENCE ALONG SAID NCRTHERLY LI~E SCUTH 8S042 t 19 ft EAST TC A POI~T IN THE WESTERLY LI~E OF SA[O LOT 38, T~ENCE DUE NCRTH ALONG SAID WESTERLY LINE TO THE NORTHWEST CCRNER THEREOF y THENCE ALONG THE ~ORTHERlY LINES OF SAIO LOTS 38, 39.40.41 AND 42 SOUTH 89°42'19" EAST 1304.70 FEET Te THE POINT Cf BEGINNING. EXCEPT THEREFRCM SAID PCRTICN Of SECTION 32 ABOVE ALL MINERAL RIGHTS AND ALL CIL. GAS, PETROLEUM CR CTHER HYCROC~ReON SUBSTA~CES WITHIN CR UNDERLYING SAID LAND WITHOUT RIGHT OF SU~FACE ENTRY AS RESERVED IN OEEDS BY REGINALDO MARReN AND CARCl[NE MARRON RECORDEO IN BOOK 6699. PAGE 264 OF OfFICIAL PECORDS. AND BOCK 7712 PAGE 471 Cf OFFICIAL RECCRDS. I ALSO EXCEPT THEREFROP SECTIO~ 32 HEREIN CESCRIBED ALL CF THE GIL, GAS AND 1014336-AMD FAGE I I I I I I I I I I I I I I I I I I I .. . .. ~INERALS ANC MINERAL RIGHTS. LYING BENEATH A DEPTH GF 5ea FEET FRO~ THE SURFACE OF SAID LAND~ TOGETHER ~ITH THE RIGHT OF ENTRY AT ANY POI~T IN SUCH LANG LYING BELO~ SAle DEPTh FOR THE PURPOSES OF E~PLORING. ORIlLING~ CONVEYING AND REMOVAL OF ANY SUCH sueST~NCES AND INSTALlATIC~ OF EQUIPMENT AND PIPE~INES FeR SUCH PURPOSES, PROVIDED THAT ANY SUCH ENTRY AND ACTIVITY UPO~ SAID LAND FeR SUC~ PURPOSE SHALL SE CARRIED OUT IN !UCH MANNER AS TO AVOID ANY IhTERFERENCE ~rTH THE USE OF THE ~URFACE OF SAID LAND, AS EXCEPTED. IN DEEDS FROt-t FAWCO, A PARTNERsrorp,. WILLIAM s. e.4RT"'A~t FRED A_ BARTMAN, JR., eERNARO CITRON AND HARRY J. l. FRA~K, JR., RECORDED APRIL 21. 1~66 UNDER RECORDER'S FILE NGS_ 66~13 AND 66568. ?-ARCEL 0: A STRI~ OF LAND 79.50 FEET IN WIDTH LYING ~ITHIN LOTS 14 THROUGH 18 INCLUSIVE, LOT 21. LOT 22 A~O LCT.23 (IF A~V), LOTS 32 T~ROUGH 31 INCLUSIVE, AND LOT 38 (IF ANY) OF HCSP. EUCALYPTUS FOREST CC~PANY'S TRACT, IN T~E CITY OF CARLS8AO, IN. THE CCUNTY CF SAN DIEGO, STATE OF CALIFORNIA? ACCURIHNG TO MAP THEREOF NO_ 1136 FILED IN THE OFFICE OF COUNT)! RECOROER OF SAN DIEGO COUNTY, TOGETHER WITH A PCRTICN OF EUCAl~PTUS STREET AS VACATED ANO CLOSED TO PUBLIC USE, T~E NCRThERLY AND NORTHEASTERLY LINE OF SAID STRIP 8EING OESCIHBED AS FCLLO\otS: .. BEGI~~ING AT THE NCRTHWEST ceRNER OF SAID PARCEL M4P NO. 1569, THENCE ALONG THE WESTERLY LINE THERECF SCUTH 962.77 FEET TC THE TRUE POINT OF BEGINNING OF THE ~EREIN DESCRIBED LINE, T~ENCE LEAVING SAle WESTERLY LINE NORTH 16°30·00~ WEST 331.90 FEET TO THE BEGINNING OF A TA~GENT 842 FCOT RADIUS CURVE, CONCAVE SOUTHERLY, THENCE WESTERLY ALONG ThE ARC CF SAIO CURVE THROUGH A CENTRAL ANGLE OF 42°30'00" A DISTA~CE CF 624.56 FEET. THENCE TANGENT Ta SAID CURVE SOUTH 6100a'oo~ WEST 174.26 FEET TO THE BEGINNING OF A TANGENT 758 FCCT RADIUS CURVE, CONCAVE NGPTHWESTERLY, THENCE SCUT~WESTERLY AlCNG THE ~RC Uf SAID CURVE THPOUGH A CENTRAL ANGLE OF 1!024'44" A OISTANCE OF 177.44 FEET, THENCE TANGENT TO SAID CURVE SOUTH 14°24'44" kEST 140.00 FEET ... PARCEL 2 OF PARCEL,. ~AP NO. 1569, IN ThE CITY' CF CARlseAC, IN THE COUNTY OF SAN DIEGO, STATE CF CALIFORNIA, ACCQRCI~G TO ~AP THEREOF FILED IN THE OFFICE Of COUNTY RECCRDER OF SA~ DIEGG CCU~TY. BEING A DIVISION OF PORTIONS OF SECTION ?2. TCWNSHIP 11 SOUTH, RANGE 4 kEST, SAN BER~ARDINO ~ERIDIAN, ACCCRDING TO OFFICIAL PLAT THEREOF, TOGETHER WITH PORTIONS OF LOTS 13, 14 AND 42 OF HOSP. EUCALYPTUS FOREST COMPANY'S TRACT, ACCOROING TO ~AP THERECF NO. 1136 FILEt I~ THE OFFICE CF COUNTY RECCROER OF S~N OIEGC COUNTY AND PCRTIGNS OF EUCALYPTUS STREET AS VACATED ANO CLCSED TO PUBL Ie us E. EXCEPT THEREFRO~ SAID SECIIC~ 32 ~EREIN DESCRIBED, ALL MINERAL RIGHTS AND ~lL OIL, GAS. PETROLEUM CR eTHER HYORCCARBCN SUBSTA~CES WITHIN CR UNDERLYING SAID LAND WIT~OUT RIGHT Of SU~FACE ENTRY AS RESERVED IN nEEDS l014336-AMO PAGE 40 I· I I, I .' ., ... EXECUTED BY PAGE 264, OF REGINALCC MARRON ANrr CAROLI~E ~ARRCNr RECORCED IN BeOK 669~ CFFICIAL RECORDS, ~NC BCCK1112. PAGE 411 OF OFFICIAL RECCROS_ Alsa EXCEPT THEREFROM' SECTION 32" ~E~EIf\ DESCRIBED ALL OF THE all,. GAS,.. I AfiD MINERftLS AND MINER~L RIGHTS, LYING BENEATH A OEPTP CF sea fEET FRO~ , THE SURFACE CF SAID LAND,.. TOGEThER WITH THE-RIGHT OF ENTRY AT AlwY paINT IN SUCH LANG LVING BELOW SAID DEPTH FOR THE PURPOSES OF EXPLCRING" DRILLING,.. I CCNVE~INGp AND REMO~AL OF ANV SUCH SUBSTAf\CES AND INSTALLATICN OF ,EQUIPMENT AND PIPELINES fOR SUCH PURPOSES" PROVIDED THAT ANY SUCH ENTRT AND ACTIVITY UPO~ SAID LAND fOR SUCH PURPCSE SHALL eE CARRIED OUT IN SUCH I I I I I 1 1 I ,I 'I MANNER AS TO AVCID AN~ INTEPFERE~CE WIT~ THE USE OF THE SURFACE CF SAID LAND, AS EXCEPTED IN DEEDS~ FROM fAWCO" ~. PARTNERSHIP, WILlI~M s. BARTMAN" FRED A .. BARTMAN JR .. " BERNARD CITflON, AI';O H~RRY J_ L. FRANK, JR., RECORDEO APRIL 21, 1~66 UNDER RECORDER'S FILE NO. 66q13 AND 66568. PARCEL 3 OF PARCEL" fo'AP NO. 156<;~, If\. THE CITY OF CARLSeAD r IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCCRCI~G TO MAP THEREOF FILED IN THE OFFICE CF CCUNTY RECCRDEP OF SAN DIEGC CaUNTY, BEING A CIVISION OF PCRTtONS OF SEeTIGN 32, TOWr.SHI P 11 SOUTH t RANGE 4 wEST, SAN BERNARDINO MERIOIAN. ACCORDING TO OfFICIAL PLAT THERECF, TOGETHER WITH PORTIONS OF LCTS 13, 14 AND 42 OF HOSP. EUCALYPTUS FCREST CCMPANY'S TRACT, ACCORDING TC, fofAP THEREOF NO .. 1136 FILED IN THE OFFICE OF COUNTY RECORDER GF SAN DIEGC CCUNTY AND PCRTICNS CF EUCALYPTUS STREET AS VACATED AND CLOSED TO. PUBLIC USE. EXCEPT THEREFRCM SAID SECTIGN 32 HEREIN CESCRleEO, ALL MINEPAL RIGHTS AND ALL OIL, GAS? PETROLEUM CR CTHER HYCROCARBON SUBSTA~CES WITHIN OR UNDERLYING SAID LAND WITHOUT RIGHT OF SURFACE ENTRY AS RESERVED IN DEEDS EXECUTED BY REGINALDU MARRON AND CAROLINE ~ARRQN, RECORDED IN BOOK 6699 PAGE 264 OF OFFICIAL RECORDS, .~C BOCK 1112 PAGE 417 OF OfFICIAL RECORDS. ALSO EXCEPT T~EREFROM SECTION 32., ~EREIN DESCRIBED ALL CF THE CIL, GAS~ AND PINERALS AND ~INERAL RIGHTS" LYING BENEATH A DEPTH OF soc FEET FROM THE SURFACE OF S.ID LAND. TOGET~ER WITH T~E RIGHT OF ENTRY AT ANY POINT IN SUCH LANO LYING BELOV SAID DEPTh FOR THE PURPOSES OF EXPLORING, DRILLING, CONVEYING. AND REt-'OVAL OF ANY SuCH SU!3STAt\CES AND It\STALLATION Of EQUIPMENT AND PIPELlt\ES FeR SUCH PURPOSES, PROVIDED THAT ANY SUCH ENTRY' AND ACTIVITY UPCN SAID LAND FOR SUCH PURPCSE SHALL BE CARRIED CUT IN SUCH MANNER AS TO AveID ANY INTEPfERENCE hITH THE USE OF THE SURFACE OF SAID LANe, ~S EXCEPTED [t\ OEEDS~ FROM FAWCG, ~ PARTNERSHIP, kILLfAM S. BARTMAN, FREe A. BARTMAN J~., BER~~RD CITRON, ANC r~RRV J. l. FRA~K, JR.~ RECORDED ~PRIL 21, 1966 U~DER RECCRDER~S FilE ~O. 66913 ANO 66568. 1 I .p...cI@!""G"! [rARCElS 7 THROUGH 11 CF PARCEL rAP 156q IN THE· CITY OF CARLSBAC, IN THE 'I COU~TY OF SAN DIEGO, STATE OF CALIFCPNIA, ~CCORDrNG TO MAP THEREOF FILED lOI4336-A~D P~~E 41 I I I I I I I I I I I I I·: " I; ~ Ii . , IJ II ~ f " IN· THE OFFICE OF CCUNTV-RECORDER CF SAN CIEGo. COUNTY. BEING. A DIVISION OF PORTIONS OF SECTION 32~ TOW~SHIF 11 SOUT~F RANGE 4 WEST. SAN eERNAROINU MERIDIAN.· ACCOROING Te CFFICIAL PLAT THERECF,. TOGEThER WI TH PCRTICNS OF lars 13, 14 AND 42 OF pesp. EUCftlYPTUS FOREST CC~PA~V·S TRACT, ACCORCING TO ~AP THERECF NC. 1136 FILED IN THE OFFICE OF COUNTY RECORDER CF SAN DIEGO COUNTY ANn PORTIONS OF EUCALYPTUS STREET AS VACATEC AND CLOSED TO PUBLIC USE. EXCEPT THEREFROI+ SAn! SECTION 32 PEREIN OESCRIBED, ALL MINERAL RIGHTS AND ALL OIL. GAS, PETROLEUM CR UTHER HYCROCAReON SUBSTANCES WITHIN OR UNDERLYING SAID LAND WITHOUT RIGHT OF SURF~CE ENTRY AS RESERVED IN DEEDS EXECUTED BY REGINftLOO MARRON AND CARCLI~E MARRON, RECORDED IN BOOK 6~99 PAGE 264 OF OFFICIAL RECCRDS. A~D BeCK 1112 PAGE 411 OF OFFICIAL RECORDS. ALSO EXCEPT THEREFRCM SECTION 32,. HEREIN CESCRIBED ALL Of TI1E GIL. GAS,,' AND MINERALS AND ~INERAl RIGHTS, LYING BENEATH A DEPTH OF 50C FEET FRO~ THE SURFACE CF SAID LAND, TCGETHEP WIT~ THE RIGHT OF ENTRY AT A~Y POINT I~ SUCH LAND LYING BELew SAIq DEPTHFCR THE Pt:RPOSES OF EXFLGRIf\G, DRILLING, CONVEYING, AND REMOVAL OF ANY SUCH SUBST~~CES A~O I~STALLATIeN OF EQUIPMENT AND PIPELINES FOR SUCH PURPOSES, PROVIDED THAT _NY SUCH ENTRY AND ACTIVITY UPON SAID LAND FOR SUCH PURPCSE SHALL BE CARRrED OUT l~ SUCH "'ANNER AS TO AvelD ANY INTERfERENCE wITt-THE USE OF THE SURf~CE OF SAID LAND~ AS EXCEPTED IN DEEDS, FRO~ FAWCC, A PARTNERSHIP, WILLIAM S. BARTMAN. FREe A. BART~AN JR •• eERNARC CITReN, AND HARRY J. L. FRANK, JR.~ RECCRDEO APRIL 21, 1966 UNDER RECCRDER·S FILE NO. 66913 AND 66568. PARCEL H: PARCEL 5 OF PARCEL,· ~AP NO. 1569,., IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO,· STATE OF CAlIFORNIA~ ACCOPCr~G TO MAP T~ERECF fILED IN THE OFFlCE OF COUNTY RECCRCER Of SA~ OIEGO COUNTY, BEING A DIVISION OF PORTIONS OF SECTION 32, TOWNSHIP 11 SOUTH, R~NGE 4 ~EST, SAN eeRNAROINO MERIDIAN. ACCORDING TO OFFICIAL PLAT THEPEOF. TOGETHER kITK PORTICNS OF LOTS 13, 14 AND 42 OF HCSP. EUCftL~PTUS FOREST COMPANY'S TRACT, ACCORDING TO ~AP THEREOF NO. 1136 FILED IN THE OFFICE OF COUNTY RECCRCER OF SAN OIEGO COUNTY AND PCRTIONS OF EUCALYPTUS STREET AS VACATED ANC CLOSED TO PUBLIC USE. EXCEPT THEREFROM SAID SECTIO~ 32 HEREIN CESCRIBED, ALL ~INERAL RIGHTS ANC A(L CIl. GAS. PETROLEUM OR CTHE~ HYOROCAR8CN SUBSTANCES ~ITH[N OR UNDERLYING SAID lAND WITHOUT RIG~T OF SURF~CE ENTRY AS RESERVED IN nEEDS EXECUTED BY REGfNALDD ~ARRCN AND C~ROL[~E ~ARRCN. RECORCED IN eOOK 66q9 PAGE 264 OF OFFICIAL RECORDS, A~C BOOK 7712 PAGE 417 OF CFFICIAL RECORDS. AlSC EXCEPT THEREFRC~ SECTICN 32, HEPEIN CESCRIBED ALL CF THE OIL, GAS • AND M[NER~LS AND ~INERAl RIGHTS. LYING BE~EATH A DEPTH OF 50C FEET FROM THE SURFACE CF SAID lANe, TGGET~ER W[TH lHE RIGHT Of ENTRY 4T A~Y PCINT IN SUCH LAND lYING eELCW SAID DEPTH FCR THE PURPOSES Of EXPLCRING, DRILLING, CONVEYING, AND RE~O~AL OF ANY SUCH sueST~NCES AND INSTALLATION OF ECU[PMENT AND PIPELINES FOR SUCP PUPPGSES, PROVIDED T~~T AN~ SUCH ENTRY 1014336-AMD PAGE 42 I I I III •• ,. 'AND ACTIVITY UPON s~rcr LAND FCR SUCH PURPCSE SHALL BE CARRIEC OUT IN SUCK I I ~ANNER AS TC AVCIO A~V INTERFERENCE kIT~ ThE USE OF THE SURF~CE OF SAID , LANO~ AS EXCEPTED IN OEEOS~ FROM FAWCC, A PARTNERSHIF. WILLI~M S. BARTMAN~ : FREO A. BART~AN JR •• eERNARC CITReN, AND H~RRY J. L. FRANK. JR., RECCROEO I ' APRIL 21. 19~6 UhOER RECCROER'S FILE NO. 66913 AND 6656fr. ~f'. 1-PARCEL 4 OF PARCEL," .. AP NO_ 1569,. IN THE ClTY OF CARLSBAD. IN THE COUNTY ./~; I I I I I I OF SAN DIEGO,. STATE OF CALIFORNIA, ACCORCI"G TO MAP THEREOF FILED IN THE OFFICE OF CCUNTY RECORDER OF SAN DIEGG CCLNTY, BEING A CIVISION CF PCRTIONS OF SECTION 32. TOW~SH[F 11 SCUTH, RANGE 4 WEST. SAN BERNARDINO ~ERIDIANt ACCORDING TO OFFICI~L PLAT THEREOF, TOGEThER wfTn PORTIONS OF LOTS 13, 14 AND 42 OF HCSP. EUCALYPTUS FCREST COMPA~l'S TRACT, ACCORDING TO MAP THEREOF NO~ 1136 FILED 1~ T~E OFFICE OF COUNTY RECCRDER CF SAN OIEGC COUNTY AND PORTIONS OF EUCALYPTUS STREET AS VACATEC ANO CLGSED TO PUBLIC USE. EXCEPT THEREFRO~ SAIO SECTION 32 fEREIN CESCRleEo, ALL ~INERAL RIGHTS AND ALL OIL. GAS~ ?ETRCLEUM OR CTPER HYDR(CARBGN SUBSTANCES WIThIN OR UNDERLYING SAID LANO WITHOUT RIG~T Of SUPFftCE ENTRY AS RESERVED IN OEEOS EXECUTED BY REGINALCG MARRON AND CAROLINE ~ARRON, RECGRDED IN '~COK 6699 PAGE 264 OF OFFICIAL RECORDS. ~~D BeCK 7712 PAGE 477 OF CFFICIAL RECORDS. ALSO EXCEPT TPEREFROM SECTICN 32, ~EREIN DESCRIBED ALL CF THE OIL. GAS, AND ~INERAlS AND MINERAL RIGHTS, L~tNG BENEATH A DEFTH CF 50C FEET FROM THE SURFACE OF SAIO LAND, TOGETHER kITH THE RIGHT OF ENTPY AT ANY POINT IN SUCH LAND LYIN~ BELOW SAID DEPTh FOR TrE PURPOSES OF EXPLCRING. DRILLING, CONVEYING, ANO REMOVAL OF ANY SUCH SUBSTANCES ANO INSTALLATION OF EQUIPMENT AND PIPELINES FOR SUC~ PURPOSES, PROVIDED THAT ANY SUCH ENTRY I AND ACTIVITY UPON SAfD LAND FOR SUCH PURPOSE SHALL BE CARR lEO OUT IN SUCH , ~ANNER AS TO AVeID ANY INTERFERENCE WITP THE USE OF THE SURF~CE CF SAID LAND, AS EXCEPTED IN DEEOS, FRO~ FAWCO, A PARTNERSHIP, WILLIA~ S. BARTMAN. I FRED A. BARTMAN JR.~ BERNARD CITRON, AND HtRRY J. L. FRANK, JR.~ RECORDED APRIL 21, 1~66 UNDER RECCRDER'S fILE NO .. 66<;13 AND 66568. I I I I I 1014336-AMD PAGE 43 I I I I I I I I I I I I I I I SURDIvISIC~ GUARA~TEE TITLE IN5U~ANCE ANC TRUST COMPANY A CoRPORA1ICN G U A RAN TEE S FEE: $50.0C NO.: 1014336 AMD. CARlSBAAO TRACT 76-18 THE CCUNTY OF SA~ DIEGG AND A~Y CIT~ hIl~I~ WHICH SAID SUBCIVISION [S LOCAlED IN A SU~ ~OT EXCEEDING Sl.COO.OO. THAT, ACCORCING TO THeSE PUBLIC RECCRDS hPICH, U~DER THE RECCRDING LAWS. IMPART CO~STRUCTlvE NOTICE OF ~ATTERS AFFECTING THE TITLE TO THE LAND HEREINAFTER CESCRIBED, THE CNl~ PARTIES HAVING A~Y RECCRD TITLE INTEREST IN SAID LA~C WHOSE SIGNATURES ARE NECESSAR), UNDER THE REQUIREMENTS OF T~E SUBDIVISICN ~AP ACT, O~ THE CERTIFICATES CONSENTI~G TO THE RECORDATION OF THE SLBCI\ISION MAP GF SAID lAND AND CFFERING FOR DEDICATION ANY STREETS, RO~CS, AvENUES AND OTHER EASE~ENTS OFFEREe FCR CEDICATION ey SAle SLBDIVISION MAP ARE: 1 .. Pl::-A-l'A-~CAfiINC REAL, A CALIFORNIA LlMITED PARTNEI{SHIP, OwNER OF PARCEL "A" A~O PORTIONS OF PARCELS "C" ANC "0". 2.. T~,·.P.ARKIN6"~'+tCIHr,; OF THE CllY OF C.dR'l.SBAD, A PUBLIC CCRP(lRATION, CWNER, P.dRCEL "8". I 3. T~E MAY STORES SPOPPINGICENTERS, INC., AS TO AN UNDIVIDED 50 PERCENT, Sf?RNARD~ITRCN, A ~~RRIEC "'AN., AS HIS seLE A~O SEPARATE PRe PER TY, A S TO AN li N C I V IDE 0 12-1 1 2 PER C E 1\ T, H A R R Y J •... !. .. F R A f\I K t JR., A MARRIEC ~AN, AS HIS selE AND SEPARATE PRCPERTY, AS 10 AN LNCI~[DEC 12-1/2 PERCENT, J;REOA.r"-e-ART~AN, JR., AS TC A~ UNDIvIDED 12-1/2 PERCENT, fR·EO A. 8ART~Af\, JR • ., ~CRMA 8. e.dRTMAN, THC:f'AS FRED BA.a.i"*4N AND WILLIAM S. BART~AN, JR., AS lRLSTEES UNDER ThE MARITAL TRUST ESTABLISHED UNCER THE WIll CF WIlllj~ S. BART~AN, DECEASED., AS TO AN UNDIVIDED 6-1/4 PERCENT, Af\.C FRED fJ·~ BA-RT-MAN,jR.,,·NCR~A·'we. e~ti·"'jlN., THO,..AS fR-e13~~ARTMAN ANu·\1ILllA .... "'; .. 8ART~A1'(tJ.R., AS TRl,;STEES UNDE~ THE RESIDUAL TRUST ESTA8LISHEC UNDER THE WILL Of hILLIAM S. B.dRT~AN, DECEASED, AS Te AN UNCI~ICEC 6-1/4 PERCENT, AS CWNERS TO PORTIONS OF PARCELS "C" AND "C". 4. PLAZA CAMINC ~EAL, A CAlIFCRI\IA LIMITED PARTNERS~IP, A~ UNDIVIDED 50 PERCENT INTEREST AS TENAI\TS IN C("'MoN, ANC THE MAY DEPART~E~T STCRES CO~PANYt A ~EW ~ORK CORPORATION, AN UNOlvICEO 50 PERCEI\T {I\TEREST AS TENANTS IN COMMON, AS Chf\ERS, AS TG PARCEL "E". I 5. f'lAY PttOPERTIES, INC., A DELAWARE COPPCRATICN, GhNER, AS TC PARCEL "f". I I I 6. PLAZA CAMINO REAL, A CALIFCRf\IA LIMITED PARTNERSHIP, C"~ER, AS Te PARCEL "G". 7. NE-'W-'fii~\i\· .... H:7RA-M' ASSCCI:.TES, A f\EW 'tCRI< GEl\ERAL PAI<Tr'\ERSHIP y &\S OWNER. AS Te PARCELS ':1_"" A:\C "I". e. TtTl€I~SURbNCE bND TRUS'0 CC/'JFAf\Y, A CALIFORNIA CORPCRATICN, AS TRUS1EE UNO~R DEEC OF TRUST ~ECC~DEO AUGUST 22, 1972, AS RECCRDER'S l01433c-A-AMD PAGt: 1 I I I I I I I I I I I I I I I I I I I FILE/PAGE NO. 223113, IN BOOK 1912 OF CfFICIAl RECORDS. 9. R,G·SER'f' J'.6ftA1tt,&'t, AS TRUSTEE UNDER CEeD OF TRUST RECORDED JANUARY 29, 1913, AS RECCRDER'S FILE/PAGE ~O. 13-024421, IN BCOK 1913 OF OFFICIAL RECORDS. 10. UNITEO CALIFORNIA BANK, A CALIFOR~IA CORPORATIGN, AS TRUSTEE UNDER DEED CF TRUST RECORCED OCTOBER £5, 1912, ~S RECCRDER'S FILE/PAGE NO. 2861~6t IN BeOK 1912 OF OFFICIAL PECORDS. 11. CHICAGO TITLE INSURANCE CC~PANY AS TRUSTEE UNDER DEED OF TRUST RECORDED NOVEMBER 18, 1917, AS RECCRCER'S FILE/PAGE NO. 11-418290, IN BOCK 1911 OF CFFICIAl RECCRDS. 12. F. w. ~COLWCRTH CO., A NEW YCRK CORPORATION, LESSEE UNDER LEASE RECCRDED DECEMBER 28, Ig68. AS RECORDER'S FILE/PAGE NC. 226463, IN SERIES 9, eeOK 1968 OF OFFICIAL RECCRDS. 13. MARRIOTT CCRPORATION, A CELA~ARE CCRPORATION, LESSEE. UNCER lEASE DATED OCTOBER 11. 1~14. 14. WRG ASSOCIATES FIVE, A ~E~ JERSEY LIMITED PARTNERShIP, LESSEE UNDER LEASE RECORDED OCTOBER 26, 1916, AS RECORDER'S FILE/PAGE NO. 16-354981, IN BCCK lq16 CF CFFICIAL RECORDS. 15. THE ~AY DEPART~ENT STORES CCMPANY, A ~EW YORK CCRPCRATICN, lESSEE, UNDER LEASE RECCRDEO JANUARY 2~, 1913, A5 REGCRDER'S fILE/fACE Ne. 13-024424, IN BOOK 1913 CF CFFICIAl t<ECCRCS. 16. J. C. PENNEY CC~PANY, INC., A CELAWARE CORPCRATION, LESSEE, UNDER LEASE RECORDED MARCH 22, 1912, AS RECCRDER'S FILE/PAGE ~C. 68283, IN BOOK 1912 OF OFFICIAL RECCRDS. . 11. STATE OF CALIFORNIA, HCLDE~ CF EASE~E~TS AND INTERESTS RECCRCED SEPTEMBER 8, 19c4, AS RECGRDER'S FILE/P~GE NO. 163432, IN SERIES 5, BOOK 1964, WHICH SAID EASEME~TS AND INTERESTS CANNCT RIPEN INTO A FEE. 18. VISTA SANITATION DISTRICT A~D THE CITY OF CARLSEAD, ~CLCER CF E~SEMENTS RECORDED (CTOBER ~, 1~t4, AS RECCRDER'S FILE/PAGE NO. 184911, IN SERIES 5, BCOK 1~64 CF CFFICIAL RECORDS A~O RECORDED CCTCEER 9, 1964, AS RECORDER'S FILE/PAGE NO. 184~18, IN SERIES 5, BeOK lS64 CF OFFICIAL RECGRDS, wHICr. SAID EASE~ENTS CA~NCT RIPEN INTO A FEE. l~. CITY OF CARLSBAD. HCLDER OF EASE~ENTS AND INTERESTS RECCRDED MARCH 11, 19c6, AS RECCRDER'S FILE/PAGE ~e. 42245, IN SERIES 7, BeOK 1966 CF OFFICIAL RECCRDS. SEPTEMBER 15, 1911, AS RECORDER'S FILE/PAGE NO. 208858, IN BOOK 1971 OF OFFICIAL RECORDS. DECE~eER 13, 1913, AS RECORCER'S FILE/PAGE NO. 13-344111, IN BeOK 1~13 OF 1014336-A-A~C PAGE 2 I I I I I I I I I I I I I I I I I I I OFfICIAL RECCRDS. DECEMBER 13, 1913, AS RECCRDEIPS FIlE/PftGE NO. 73-34412, IN BCOK 1973 OF OFFICIAL RECORDS. CECE~aER 23, 1976, AS RECCRCER'S FILE/PAGE NO. 76-431713., IN BeOI< 1916 OF OFFICIAL RECORDS. WHICH SAID EASEMENTS A~O INTERESTS CA~NCT RIPEN INfO A FEE. 20. SAN DIEGO GAS & ELECTRIC CC~PANY, hClDER OF EASEMENTS RECORDED: OCTCBER 4, 1968~ AS RECCROER-S FILE/PAGE NC. 113588, IN SERIES 9, BOCK 1968 UF OFFICIAL PECCRDS. OCToeER 4, 1968, AS PECCBDER'S FILE/PAGE ~C. 173589, IN SERIES 9, SOaK 1968 CF OFFICIAL RECCROS. OCToaER 4, 1968, AS RECCROER'S fIlE/FAGE Ne. 113590, I~ SERIES 9, BOOK 1968 OF OfFICIAL RECCRDS. CCTOBER 4, 1968, AS RECCRCER'S FILE/PAGE NO. 113591, IN SERIE~ 9, BeOK 1968-0F QFFICIAl RECORDS. OCTOBER 4, 1968, AS REC(RDER'S FILE/PAGE ~C. 113594, IN SERIES 9, BOCK 1~68 CF CFFICIAl RECCRDS. OCTceER 4, 1968, AS RECCRDER'S FILE/PAGE NO. 113595, IN SERIES 9, BcdK 1968 OF OFFICIAL REtORCS. OCTCBER 4, 1~68~ AS RECCROERtS FILE/PAGE NC. 173515. IN SERIES 9, BOOK 1968 CF OFFICIAL RECCRDS. AUGUST II, 1969, AS RECCRDER'S F[lE/P~GE ~O. 14978, IN SERIES la, SOOK 196~ CF OFFICIAL RECCRDS. SEPTE~BER 26. 1969, AS RECORDER'S FILE/PAGE NO. 117112, IN SERIES lO~ BOOK 1969 OF OFFICIAL RECCRDS. SEPTEMBER 26, 1969, AS RECORDER'S FILE/PtGE NO. 177194, I~ SERIES 10, BOOK 1969 OF OFFICIAL RECORDS. SEPTEMBER 26, 1969, AS RECCROER'S FILE/PAGE NO. 171202, I~ SERIES 10, BOOK 1~69 CF CFFICIAl RECCRDS. OCTOBER 6, lQ69, AS PECCRDEP'S FILt/PAGE ~O. 183344, [N SERIES la, BOOK 1969 CF OFFICIAL RECCRDS. CCTOBER 6, lQ69, AS RECCROEP'S FILE/PAGE ~O. 183360, Ih SERIES 10, BOOK 1969 OF OFFICIAL RECORDS. lC14336-A-At-'O PAGE 3 I I I I I I I I I I JUNE 15, 1917,. AS RECORDER'S FILE/PAGE NC. 71-235890, IN BOCK 1917 OF OFFICIAL RECORDS WHICH SAID EASEMENTS CANNeT RIPEN INTO ~ FEE. 21. PLAZA CAMlhO REAL, A LI~ITED PAPTNEPS~IP, HalDER GF AN EASE~ENT RECCRDED CCToeER 21, 1969, AS RECCRDER'S FILE/PAGE NG. 193480,. IN SERIES 10~ eCCK 196C;, WHICH SAID EASEffENT CANNCT RIPEN INTC A FEE~ 22. THE MAY DEPARTMENT STORES CCMPANY, A NEW YORK CCRPGRATICN, HOLDER OF EASE~ENTS AND INTERESTS RECCRDEC APRIL 21, 1966, AS REC(RDER'S fILE/PAGE NO. 66914, IN SERIES 1, BOOK 1966 CF OFFICIAL RECORCS, A~O RECCRCEO JULY 28, 1969, AS RECCROER'S FILE/PAGE ~C. 135913, IN SERIES 10, BOOK 1969 Of OFFICIAL RECCRDS WHICH SAID EASEMENTS AND INTERESTS CANNOT RIPEN INTC A FEE. THE TRACT HEREINeEFC~E REFERRED TO IS A SUBDIVISION CF LANDS DESCRIBED AS: CARLSBAD TRAC I (PLAZA CAMINO REAL SPOPPING CENTER) 8EI~G A SUBDIVISICN CF: I I I I I I I I PARCEL A: PARCEL 6 OF PARCEL, MAP NO. 1569, IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN OtEGO, STATE OF CALIFCRNIA, ACCC~CING TO MAP T~ERECF FILED IN THE OfFICE OF COUNTY RECORDER OF SAN DIEGO CCUNTY, BEING A DI~ISION OF PORTIONS OF SECTION 32, lOWNSHIP 11 SCUTP, RANGE 4 "EST, SAN BERNARCINO ~ERIDIAN, ACCORDING TC OFFICIAL FLAT THEREOF, TOGETHE~ kITh PORTIONS OF LOTS 13, 14 AND 42 OF HOSP. EUCALYPTUS FCPEST CCMPAN~'S TRACT, ACCORDING TO ~AP THEREOf NO. 1136 FIlEC IN THE OFFICE CF COUNT~ RECCROER CF SAN DIEGO COUNTY AND PORTIONS OF EUCALYPTUS STREET AS VACATEC AND CLOSED TO PUSLIC USE. EXCEPT THEREFRO~ SAIC SECTIC~ 32 HEREIN DESCRIeEC, ALL MINERAL RIGHTS AND All CIL, GAS~ PETROLEUM OR OTHER HYDPCCAPSCN SUBSTANCES klTrlN CR UNDERLYING SAID LAND WITHCUT PIGrT OF S~RFACE ENTRY AS RESERVED IN CEEDS EXECUTED ev REGINAlCD MARRON AND CARClI~E ~ARRCN, RECCRCED I~ eCCK 6699 PAGE 264 Of OfFICIAL RECORCS, A~C BOCK 7112 PAGE 411 CF OFFICIAL RECORDS. ALSO EXCEPT THEREFROM SECTION 32, HEREIN DESCRIBED ALL CF ThE CIL, GAS, AND ~INERAlS AND MINERAL RtGH1S, LYING eENEATH A DEPTH GF SOC FEET FROM THE SURFACE CF SAID LAND, TCGETHER kITH TrE RIGHT OF ENTRY ~T ANY POINT IN SUCH LAND LYING BELOW SAID OEPTH FOR THE PURPOSES OF EXPLCRING, DRILLING, CON~EYING, AND RE~OVAl CF ANY SLCH SUBSTANCES AND INSTALLATICN OF ECUIPMENT AND PIPELINES FOR SUCH PURPOSES, PROVIDED THAT ANY SUCH ENTRY AND ACTIVITY UPCN SAID LAND FOR SUCH PLRPCSE SHALL BE CARRIED CUT IN SUCH 101433 6-~-A M C PAGE 4 I I I I I I I I I I I I I I I I I I I MANNER AS TC AVCIO ~NY INTERFERENCE WITP THE USE OF THE SURFACE OF SAID LAND. AS EXCEPTED IN DEEDS, FRCM FA~CO, ft PARTNERSHIP, WILLl~M S. B~RTMAN, FRED ~. eARTMAN JR., BERNARD CITRON, AND f-!tRR't J. L. FRANK, JR .... REG·ORDEO APRIL 21, lq66 UNDER RECCRDER'S FILE NO. 66913 AND 66568. PARCEL B: PARCEL t OF PARCEL MAP Ne ... 1569, IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGe, STATE CF CALIFORNIA, ACCORCI~G TO MAP THEREOF FILED IN THE OFFICE OF COUNTY RECCRDER OF SAN DIEGO CCUNTY, BEING A DIVISICN OF PORTIONS OF SECTICN 32, TOWNSHIP 11 SOUTh, RANGE 4 WEST, SAN eERNARCINO MERIDIAN, ACCORCING TO OfFICIAL PLAT THERECF, TOGETHER WITH PORTIONS OF LOTS 13, 14 AND 42 OF HCSP. EUCALYPTUS FC~EST CCMPANY'S TRACT, ACCORDING Te ~AP T~ERECF Ne. 1136 FILEC IN THE OFFICE CF COUNTY RECCRDER OF SAN DIEGC COUNTY AND PORTIONS OF EUCALYPTUS 51~EET AS VACATED AND CLOSED TO PUBLIC USE. EXCEPT THEREFRCM SECTION 32, HEREIN DESCPleED, All CF THE OIL, GAS AND MINERAL AND MINERAL RIG~lS, LYING BENEATH A CEPTH OF SOC FEET FROM THE SURFACE OF SAID LAND. TOGETHER ~ITH T~E RIGHT OF ENTR~ AT ANY POINT IN SUCH LAND LYING BELOW SAID DEPTr FeR THE PURPOSES OF EXPLCRING~ DRILLING CON~~YING AND REMOVAL OF ANY SUCH SUBSTA~CES AND INSTALLATION OF EQUIPMENT AND PIPELINES FOR SUCH PURPOSES, PROVIDEC THAT ANY SUCH ENTRY AND ACTIVITY UPON SAID LAND FOR SUCH PURPCSE SrALL eE CARRIED cUl IN SUCH MANNER AS TO AVOIC ANY INTERFERE~CE WITH THE USE OF TrE SURfACE CF SAle L~ND~ AS EXCEPTED IN nEEDS FROM FAWCO, A PARTNERSHIP, WILLIAM S. BART~AN, FRED A. BART~ANr JR., BERNARD CITRO~~ AND HARRY J~ L. FRANK JR., RECORDED APRIL 21, 1966 UNDER RECCRDER-S FILE ~O. 6E913 AND 66568. ALSO EXCEPT THEREFROM SAID PORTION OF SECTION 32, ABOVE ALL MINERAL RIGHTS AND ALL CIL. GAS, PETROLEUM, CR CTHER HlCRCCARBON SUBSTANCES WITHIN OR UNDERLYING SAID LAND WITHOUT RIGrT OF SURFACE ENTRY AS RESERVED IN nEEDS EXECUTED BY REGINALCG MARRON AND CARCLINE ~ARRCN, RECCRDED IN BOOK 6699, PAGE 264 OF OFFICIAL RECCRDS A~D BOOK 7112 PAGE 471 GF OFFICIAL RECORDS. THAT PORTION OF LOTS 14 THRCUGH 18 INCLLStVE, AND LOTS 37 ThRCUG~ 42 INCLUSIVE, OF HOSP. EUCALYPTUS FOREST CC~PANY'S TRACT, IN THE CITY CF CARLseAD, IN THE COUNTY OF SA~ DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THERECF Ne. 1136 FILEC IN THE CFfICE CF CCUNTY RECCRCER OF SAN OIEGC CCUNTY, TOGETHER WITH A PORTION OF EUCALYPTUS STREET AS VACATED AND CLOSED TO PUBLIC USE DESCRIBED AS FOLLC~S: BEGINNING AT THE NORTHWEST CCRNER CF SAle PARCEL MAP ~O. 1569, THE~CE ALONG THE WESTERLY LINE THERECF SCUT~ 962.17 fEET, THENCE LEAVING SAID WESTERLY lI~E NCRTH 16°30'00" ~EST 331.~C FEET TO ThE BEGINNI~G CF A TANGENT 842 FOOT RADIUS CURVE, CONCAVE SCLTHERLY, TrE~CE WESTERLY ALONG T~E ARC OF SAtD CURVE THROUGH A CE~TRAL A~GLE OF 42°30'00" ~ DISTANCE OF 624.~6 FEET. THENCE TANGE~T TC SAID CURVE SOUTH 61 0 CO'OC" WEST 174.26 FEET 1014336-A-AMC PAGE S I I I TO THE BEGINNING CF ~ TANGENT 7Sa FOCT RADIUS CURVE~ CONCAVE I NORTHWESTERLY. THENCE SCUTHWESTERLY ALONG THE ARC Of SAID CUR~E THROUGH A· CENTRAL ANGLE OF 1~oZ4'44fl A DISTANCE OF 111~44 FEET, ThENCE TA~GENT TO SAID CURVE SOUTH 74°24'44-WEST 140~CC FEET, ThENCE NORTH 15°35'16" WEST I 250.00 FEET, THENCE DUE NORTH TO T~E NORTHERLY LINE OF SAle LeT 31, THE~CE ALONG SAle NORTHERLY LINE SOUTH e9042'19~ EAST TO A PCINT IN THE I 11~=~T:~~~H~~~~ g~R~:!OT~~!E~:: ~~~~2~ ~~~N:O~~~ :~~~~E~~~OL~:~~E~~YS~~~E TO LOTS 3e, 3~, 40, 41 A~D 42 SOUTH 8go42'19" EAST 1304.70 FEET TO THE POINT 'CF eEGINNING. , I ~ EXCEPT THEREFROM SAID PCRTICN CF SECTION 32 ABOVE ALL MINERAL RIGHTS AND I ALL OIL. GAS~ PETRCLEUM OR CT~ER ~YDRCCARBCN SUBSTANCES WIT~IN OR I i UNDERLYING SAID LANG WITHCUT RIGHT CF SU~FACE ENTRY AS RESERVEG IN nEEDS I BY REGINALDO MARRON AND CARCLINE ~ARRO~ R~CORDED IN eOOK 6699, PAGe 264 CF ! OFFICIAL RECCRDS, AND BOCK 7112 PAGE 417 OF OFFICIAL RECORDS. i I I ALSO EXCEPT THEREFROM S ECTI.ON 32 PER E IN OESCR IB EO ALL OF THE Cl L, GAS AND MINERaLS AND MINERAL RIGHTS, LYING BENEATH A DEPTH CF 500 FEET FROM THE SURfACE OF SAID LAND. TOGETHER ftlTH THE RIGHT OF ENTR~ ~T ANY POINT IN I SUCH LAND LYING BELOW SAID DEPTH FOR T~E PURPOSES OF EXPLCRING, DRILLING, CCNVEYING AND REMOVAL CF ANY SUCH SUBSTA~CES AND INSTALLATION~CF EQUIPMENT I AND ~IPELINES FOR SUCH PURPCSES, PROVIDED THAT ANY SUCH E~TRY AND ACTIVITY I ! UPON SAID LAND FOR SUCH PURPOSE SHALL BE CARRIED OUT IN SUCh ~A~NER AS TO I AVOID AN~ INTERFERENCE WIT~ THE USE CF THE SURFACE Cf SAID LAND, AS I EXCEPTED IN CEEOS FRC,. FAWCC, A PARTNERSHIP. WILLIAM S. BART""AN, fRED A. BART"AN~ JR.~ EERNARC CITRON AND HARRY J. L. FRANK, JR •• ~ECCRDEO I APRIL 21. 1966 UNDER RECORDER'S FILE NOS. 66913 AND 6tS6E. ,'A "-<---- I I I I I I I A STRIP OF LAND 19.5C FEET IN WIGTH LYING ~ITHrN LOTS 14 THROUGH 18 INCLUSIVE, LOT 21, LOT 22 ANC LOT 23 (IF ANY), LOTS 32 ThROUG~ 31 INCLUSIVE, AND LOT 38 (IF ANY) CF HaSP. EUCALYPTUS FOREST CCMPANY'S TRACT, IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE CF CALIFORNIA, ACCO~OING TC MAP THERECF NO. 11~6 FILED IN THE OFFICE CF CGUNTY RECORDER OF SAN DIEGC COUNTY, TOGETHER WITh A PORTION OF EUCALYPTLS STREET AS VACATED AND CLOSED TO PUBLIC USE, ThE NCRT~ERLY AND NORTHEASTERLY LINE CF SAle STRIP BEING DESCRIBED AS FelLOWS: BEGINNING AT THE NORTHWEST CCRNER CF SArc PARCEL "AP NQ. 1569, THENCE ALONG THE WESTERLY LINE THERECF SCUTH 9t2.77 FEET TO THE TRUE POINT OF BEGINNING OF THE hEREIN DESCRIBED LINE, ThENCE LEAVING SAle WESTERLY LIME KeRTh 76°30'00" WEST 331.90 FEET TO THE BEGINNING OF A TANGENT 842 FOOT RADIUS CURVE, CONCAVE SOUTHERLY, THENCE ~ESTERLY ALONG ThE ARC CF SAID CURVE THROUGH A CENTRAL ANGLE OF 42°30'CO" A OISTANCE CF 624.56 FEET, T~ENCE TANGENT TO SAID CURVE SOUTH 61 0 CO'OC" WEST 114.2E FEET TO THE 8EGINNING OF A TANGENT 758 FaCT RADIUS CtRvE, CONCAVE NCRThWESTERLY. THENCE SOUTHWESTERLY ALCNG THE ARC OF SAID CURVE TH~CLGH A CENTRAL ANGLE OF 130 24.44" A OIST~~CE CF 171.44 FEET, THENCE TANGE~T TO SAID CURVE lC14336-A-A,.O P~GE I I I I \ SaUlH 74°24'44" WEST 140.00 FEET. pcAGE.t E: I rpA-~-CEL 2 OF PARCEL, ~AP NO. 1569, IN THE CITY OF CARLSBAO. IN THE CGUNT't , CF SAN DIEGC, ST'TE OF CALIFCRNIA. ACCORCING TO MAP THEREOF FILED IN THE I I CFFICE OF COUNTY RECORDER OF SA~ CIEGO COUNTY, BEING 4 OI~IS[ON OF I PCRTICNS OF SECTION 32, TCW~SHIP 11 SOUT~, RANGE 4 WEST, SA~ BERNARDINO !. ~ERICIANt· ACCCRDING TC OFFICt'LPLAT THERECF, TOGETHER ~ITH PORTIONS OF I LOTS 13, 14 AND 42 Of HCSP. EUCALYPTUS FCREST CGMPA~yfS TRACT, ACCORDING TO ~AP THEREOF NO. 1136 FILED IN THE OFFICE OF COUNTl RECCROER CF SAN j DIEGC COUNTY AND PORTIONS OF EUCALYPTUS STREET AS VACATED AND CLCSEO TO I I PUBLIC USE. I EXCEPT THEREFPOM SAIC SECTION 32 HEREIN DESCRIBED, ALL MINERAL RIGHTS A~D I ALL OIL, GAS, PETROLEUM OR CTHER HYDRCC~ReCN SUBSTA~CES ~IThIN OR I! UNDERLYING SAID LANe WIT~CUT RIGJ-lT CF SllOFACE ENTRY AS RESERVED IN DEEOS EXECUTED BY REGINAlDG MARRON A~O CAROLINE MARRON, RECCRDED IN BOCK 6699 P~GE 264 OF CfFICIAL RECCRDS, ANt BOC~ 1712 PAGE 477 OF OFFICIAL RECORDS.- 1\ II I I I I I I I I I ALSO EXCEPT THEREFRO~ SECTION 32, HEREIN DESCRIBED ALL Of Th€~ILt GAS, AND MtNERtLS AND MINERAL RIGHTS, LYING eENEATH A DEPTH CF seQ FEET FROM THE SURFACE OF SAID LANO. TCGEThER WITH THE RIGHT OF ENTRY AT ANY POINT IN SUCH LAND LYING BELOW SAID DEPTH FOR THE PURPOSES Of EXPLCRING~ DRILLING r CONVE~INGy AND RE~CVAl OF ANY SUCH sueSTANCES AND INSTALLATION CF EQUIPMENT AND PIPELINES FOR SUCH PURPOSES, PROVIDED THAT ANY SUCH ENTRY ~ND ACTIVITY UPON .SAID LAND FOR SUCH PURPCSE SHALL BE CAPRIEC OUT IN SUCH ~ANNER AS TO AVOID ANY INTERFERENCE WITH THE USE OF THE SURFACE OF SAID LAND, AS EXCEPTED IN DEEDS, FROM FA~ca. A PARTNERSHIP, WILlIAK S. BARTMAN r FRED A. BARTMAN JR., BERNARD CITRCN. AND HARRY J. L. FRA~K. JR •• RECORDED APRIL 21 r 1~66 U~DER RECCRDER'S FILE NO~ 66913 ANC 66568. -~~)4i-:" PARCEL 3 OF PARCEL r MAP NO. 1569r IN THE CITY OF CARLSBAD, IN ThE COUNTY OF SAN DIEGO, STATE CF CALIFCRNIA, ACCCPCI~G TO MAP THERECF FILED IN THE OFFICE OF COUNTY RECORDER OF SAN CIEGO (CUNTY, BEING A DI~ISIO~ CF PCRTICNS CF SECTION 32, TOWNS~IP 11 SCUTH, RANGE 4 kEST, SAN BERNARDINO MERIDIAN, ACCORCING TO OFFICIAL PLAT T~ERECF, TOGETHER w[TH PORTICNS Cf lOTS 13. 14 AND 42 Cf HCSP. ELC~LYPTUS fOREST CO~PA~Y'S TRACT, ACCORCING TO ~AP THERECF NO. 1136 FILED IN THE OFFICE OF COUNTY RECCRCER Cf SAN CIEGO COUNTY AND PORTIONS OF EUCALYPTUS STREET AS VACATED AND CLOSED TO PUBLIC USE. EXCEPT THEREFROM SAID SECTIO~ 32 ~EREIN DESCRIBED, ALL MINERAL RIGHTS A~D ALL OIL, GAS, PETROLEUM OR eTHER ~YCRCC~RBCN SUBSTANCES ~ITHIN OR UNDERLYING SAID LAND WITHOUT RIG~T CF SeRFACE ENTRY AS RESERVED I~ OEeDS EXECUTEO BY REGI~ALDC MARRON AND CAROLINE MARRON, RECORDEC IN BOOK 6~99 PAGE 264 OF OFFICIAL RECCRDSt ~~o eOCK 7712 PAGE 417 OF CfFICI~L R~CORDS. lQl4-336-~-AMD P.4GE 7 I I I I I I I I I I I I I I I I I I I ALSO EXCEPT THEREFRO~ SECTICN 32~ HEREIN CESCRIBED ALL CF THE GIL. GAS. AND MINER~lS AND MINERAL RIGHTS, LYING eE~EATH A DEPTH OF SOC FEET FROM THE SURFACE OF SAID LAND, TOGETHER~ITH Tfe RIGHT OF E~TRY AT ANY POINT IN SUCH LAND LlING BELC~ SAle CEPTH FOR THE PURPOSES OF EXPLOR[~G, DRILLING, CONVEYING~ AND RE~OVAL CF ANY SlC~ SUBSTA~CES AND I~SlALLATION OF EQUIP~ENT AND PIPEL{~ES FOR suc~ PURPOSES, PROVIDED THAT ANY SUCH ENTRY AND ACTIVITY UPCN SAID LAND FOR SUCH PURPCSE SHALL BE CARRIEC CUT IN SUCH MANNER AS TC AVOID ANY INTERFERENCE wITH THE USE OF THE ~URFACE OF SAID LAND, AS EXCEPTED IN CEECS, FRO~ FAWCC, A PARTNERSHIP, WILLIA~ S. BARTMAN, fRED A. BART~AN JR., BERNARD CITReN, AND HARRY J. L. FRANK, JR •• RECCRDED APRIL 21, 1966 UNDER RECCRDER'S FILE NO. E6913 AND 6656e. PARCELS 7 TfROUGH 11 OF PARCEL MAP 156g IN THE CITY OF CARLSBAD, IN THE CCU~TY OF SAN DIEGO, STATE CF CALIFC~NIA, ACCORDING TO MAF THEREOF FILED IN THE OFFICE OF COUNTY RECCRDE~ GF SAN DIEGG COUNTY, BEING A DIVISION OF PORTIONS OF SECTION 32, TOWNSHIP 11 SCUT~, RANGE 4 WEST, SAN 8ERNARDINO ~ERID[AN, ACCCRDING TO OFFICIAL PLAT THEREOF~ TCGETHER kITH PORTIONS OF LOTS 13, 14 AND 42 OF HCSP. EUCALlPTCS FCREST COMPA~l'S TRACT~ ACCORDING TO MAP THEREOF NO. 1136 FILED IN THE OFFICE OF COUNTY RECCRCER CF SAN DIEGO COUNTY AND PORTIONS OF EUC~LYPTUS STREET AS VACATED ANC CLOSED TO PUBLIC USE. EXCEPT THEREFRO~ SAID SECTICN 32 HEREIN DESCRIBED, ALL MINERAL RIGHTS ANO ALL OtL, GAS~ PETROLEUM CR CTHER HYDRGC'R8CN SUBSTANCES WITHIN OR UNDERLYING SAID LAND WITHOUT RIG~T GF SURFACE ENTRY AS RESERVED IN Deeos EXECUTED BY REGINALDC MARRON AND CAROLINE MARRON, RECORDEC IN BOOK 66~9 PAGE 264 OF OFFICIAL RECCRDS, AND BOCK 7712 PAGE 471 Of OFFICIAL RECORDS. ALSO EXCEPT THEREFRO~ SECTION 32, HEREIN DESCRIBED ALL CF T~E CIL, GAS, AND ~INERALS AND MINERAL RIG~TS, LYING BENEATH A DEPTH OF 5C~ FEET FROM THE SURFACE OF SAID LAND, TOGETHER WITH THE RIGHT OF E~TRl AT ANY POINT IN SUCH LAND LYING BELC. SAIC CEPTb FCR THE PURPOSES OF EXPLGRING, DRILLING, CCNVE~INGt ANC REMOVAL CF ANY SUCH sueSTANCES AND INSTALLATIO~ OF ECUIPMENT ANC PIPELINES FOR SUCH FURPCSES, PROVIDED TbAT ANY SUCH ENTRY AND ACTIVITY UPON SAtD L~ND fOR SUCH PURPOSE SHALL BE CARRIED CUT IN SUCH MANNER AS TO AVGID ANY INTERFERENCE WITh THE USE OF TPE SURFACE OF SAID LAND, AS EXCEPTED IN CEEDS, FRO~ FAWCC, A PARTNERSHIP, WILLIAM S. BARTMAN, FRED A. BART~AN JR., eERNARD C[TRON, AND H~RRY J. L. FRANK, JR., RECCRDeo APRIL 21, 1966 UNDER RECCRDER'S FILE NC. 6~q13 AND 66568. PARCEL P: PARCEL 5 OF PARCEL, ~AP NO. 156g, IN THE CITY OF CARLseAD, IN THE COUNTY OF SA~ DIEGC, STATE CF CALIFORNIA, ACCO~Ct~G TO ~AP THEREOF FILED IN THE OfFICE OF COUNTY RECCROEP OF SAN CIEGO CCU~TY, BEING A DIVISION OF PORTIONS OF SECTION ~2t TOWNSHIP 11 SOUTH, RANGE 4 ~EST, SAN eERNARDINO l014336-~-A~O P~GE e I I I , . MERIOIAN~ ACCORDING TO OFfICI~L Pl~T THEREOF~ TOGETPER kJTH PCRTICNS OF I I LOTS 13~ 14 AND 42 GF Hesp. EUCALYPTUS FCREST CCMPA~Y'S TRACT, ACCORDING TO ~AP THEREOF NO_ 1136 FILED IN THE CFFICE OF CCUNTY RECCRCER CF SAN DIEGO COUNT~ AND PORTIONS-OF EUCALYPTUS STREET AS VACATED ANt CLOSED TO I I I II I I I I I I I I I I I PUBLIC USE. EXCEPT THEREFRO~ SAID SECTION 32 HEREIN CESCRIBED~ ALL MINERAL RIGHTS AND ALL OILr GAS, PETROLEUM CR OT~ER ~YCRGCARBCN SUBSTA~CES hITHIN OR UNDERLYING SAID L~NC hITHOUT RIGHT GF SURFACE ENTRY AS RESERVED IN DEEDS EXECUTED ev REGINALOO MARRON AND CARCLINE ~ARRCN, RECCRDED I~ BOCK 6699 PAGE 264 OF OFFICIAL RECORDS, ANC BOOK 1712 PAGE 477 OF OFFICIAL RECORDS. ALSC EXCEPT THEREFROM SECTICN 32, hEREIN CESCRIBED ALL CF THE OIL~ GAS~ AND ~INER~LS ANC MINERAL RIGHTS, LYING eENEATH-A DEPTH CF 5CC FEET FROM THE SURFACE OF SAID lAND~ TOGET~ER WITH THE RIGHT OF ENTRY AT ANY POINT IN SUCH LAND LYING 8ELOW SAID DEPTH FOR THE PURPOSES OF EXPLORING, DRILLING. CONVEYING, ANO REMOVAL OF ANY SUCH SUBST~~CES AND I~STALlATICN OF EQUIPMENT AND PIPELINES FOR. SUCH PURPOSES, PROVIDED THAT JN~ SUCH ENTRY. AND ACTIVITY UPON SAle LAND FOR SUCH PURPCSE SHALL SE CARRIED OUT IN SUCH' MANNER AS TO AVCID A~Y INTERFERENCE ~IT~ THE USE OF THE S~RFACE OF SAID LAND, AS EXCEPTED IN DEEDS, FRO~ FAWCC, A PARTNERSHIP, WILLIA~ S. BARTMAN. fRED A. BARTMAN JR •• EERNARC Cl TRCN, AND HARRY J. L. FRANK, JR., ~ECCROED APRtb 21~ 1966 UNDER RECORDER'S FILE NO. 66913 AND 66568. PARCEL 4 OF PARCEL. ~AP ~G. 156~, IN THE CITY OF CARLseAD, IN THE CCUNTY OF SAN OtEGO. STATE CF CALrFCR~rA, ACCO~tI~G TO MAP THEREOF FILED IN THE OFFICE Of COUNTy RECCRDER OF SAN CIEGO CCUNTY, BEING A DIvISION OF PORTIONS OF SECTICN 32, TOWNSHIP 11 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, ACCCRDING TO OFFICIAL PLAT THEREGF, TOGETrER WITH PORTIONS OF lOTS l!, 14 AND 42 OF HCSP. EUCALYPTUS FOREST COMPANY'S TRAC~, ACCORDING TO ~AP THERECF NO. 1136 FILED IN THE CFFICE OF CCUNTY RECO~CER OF SAN DIEGO COUNTY AND PCRTIONS OF EUCALYPTUS STREET AS VACATED A~C CLOSED TO PUBLIC USE. EXCEPT TrEREFRO~ SAID SECTION 32 rEREIN DESCRIBED, ALL MINERAL RIGHTS AND ALL OIL, GAS. PETROLEU~ OR eTHER HYDRCCAReCN SU8STANCES wIT~I~ OR UNDERLYING SAID L~ND ~ITHOUT RIGrT OF SURFACE ENTRY AS RESERVED IN OEEOS EXECUTED BY REGI~ALDC MARRO~ AND CAROLINE ~ARRCN, RECORDED IN BCOK 6699 PAGE 264 OF OFFICIAL RECCRDS, A~C BGGK 1112 PAGE 471 CF CFFICIAL RECOROS. AlSC E~CEPT THEREFROM SECTION 32, HEREIN DESCRIBED ALL CF THE OIL, G~S, AND MINERALS AND MINERAL RIGHTS, LYING BE~EATH A DEPTH GF SOC FEET FROM THE SURFACE OF SAID LAND,-TOGETHER WITH THE R[GHT OF ENTRV AT A~~ PGINT IN SUCH LAND LYING BELCh SAID DEPTH FeR THE PURPOSES OF EXPlCRING, CRILLING, CONVEYING, ANC REMG~AL OF ANY SUCH SUeST~NCES ANC INSTALlATIC~ CF ECUIPMENT AND PIPELINES FOR SUCH PURFOSES, PROVIDED T~AT ANY SUCH ENTRY AND ACTIVITY UPON SAID lA~D FeR SUCH PURPCSE SHALL eE CARRIED OUT I~ SUCH MAN~ER AS TO AveID ANY INTERFERENCE WIT~ THE USE OF THE SURF~CE OF SAID l014336-A-AftlD P~GE I- I I I I I I ~ I I I I I I I I I I I LANO~ AS EXCEPTED IN DEEDS~ fROM FAWCC, A PART~ERSHIP. WILLrA~ S. BARTMAN. fREe A. BART~AN JR.~ eERNARC CITR(N, AND HARRY J. L. FRANK, JR.r RECORDED APRIL 21, 1966 UNDER RECORDER'S FILE NC. 66913 AND 66568~ CATfO: DECE~eER Zqr 1911 TITLE I~SURANCE AND TRUST CCMPANY , \ 1'~~(S-R ----------------- ASSISTANT SECRETARY } 10 14336-A-AMC PAGE 10 I I 1 1 1 1 .1 I 1 1 1 1 I· I I I I .' . I I III ... o III IS ~~., ~. ~ t". & . SQ'LoL -\1-- • ".,#p -- f ,-l .... 1" :"'-. ..: ~\ -.,,.: -.~!~. ~'" O-n. ./ ./ ~, ~ ; ? ,~ , \i Ii ,.c 1-~Q C~ <:;l ." c;r V: L-: eo: i (;,.10':''::/· ~ Q ,,\_-.----'¥...,~~'" I a:.o J-0_ 0. ,...-....-) "'1St __ 1ii#~~IfI.Z" /" --1 ./ /" /" ~? It " ; . , ., I' 't, iI' ,;; \, • ~. I ~ )ij I t I I I I I I I I I I ~GlO t§" . . . I 0::.0 " o-J-a.. ./ I ./ ) ,/ -"\ /' · \'; · -.:i. ~so'LOL · .... J--I /' I .~ I /' !. /' I I " .. .'. i (V ,.., .... 'i \; ; t: ~ '-1'.; i I: I t " ,f. I I J.'~ .,. I' .~