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Home My WebLink AboutCT 81-35; NATIVE SUN; Tentative Map (CT)REQUEST O Zone change 0 Precise Development Plan O General Plan Amendment 0 Specific Plan UlTearitative Tract Nap 0 Site Deve1ont Plan 0 Planned Unit Development 0 Conditional Use Permit El Major Condominium Permit 0 Variance O Minor Condominium Permit 0 Planning Carmiss ion Determination O Master Plan . 0 Special Use Permit Complete Description of project (attach additional sheets if necessary) 14 unit condominium pro 7ect with private card gate Received s - 1981 ...... . . ... 06 location of Project CITY North side of Ocean Street bett',eén the AT & SF railrbad and the Pacific Ocean. Legal Description (complete) See attached . . Assessors Parcel Number 203-01-14. . . . Zone General Plan Existing Land Use - J R-3 Medium High Density RMH Proposed Zone Proposed General Plan Site Acreage R-3 See above 7.65 . Owner . Applicant . - Name (Print or Type) Name (Print orType) Native Sun Investment Native Sun Investment Mailing Address Mailing Address 12831 Newport Avenue . . 12831 Newport Avenue City and State Zip Telephone City and State Zip Telephone Tustin, California 92680 731-1155 Tustin, California 92680. (714) 731-1155 I CERTIFY THAT I AM 'mE LEGAL OWNER AND I CERTIFY THAT I AM THE CNER S RERESENTIVE - THAT ALL THE ABOVE INFOF4ATION IS TRUE AND T1-IAT ALL TEE ABOVE INFORMATION IS TRUE AND CORRE '10 TEE BEST F MY IOWLEDGE AND CORRECT '10 THE BEST OF MY I<NOWLFOGE SI DATE SIG%_WRE DATE tfp1iation 'd Fees Received Date AppliCatiOn Rece1ved c.-ff ?ssiqflezl - case IC, P m I p a :. Id. I If-after the informatio u have submitted has been rev, d, it is determined that further information required, you will be so adv. •d. APPLICANT: Native Sun Investment Group, a limited partnership Name (individual, partnership, joint venture, corporation, syndication) 12831 Newport Avenue, Tustin, California 92680 Business Address (714) 731-1155 Telephone Number AGENT: Rick Engineering Name 3088 Pio Pico, Suite 202, Carlsbad, California 92008 Business Address (714) 729-4987 Telephone Number Name -(individual, partner, joint Home Address venture, corporation, syndication) Business Address Telephone Number Name Business Address Telephone Number Telephone Number Home Address Telephone Number (Attach more sheets if necessary) I/We declare under penalty of perjury that the information contained in this dis- closure is true and correct and that it will remain true and correct and may be relied upon as being true and correct until amended. ,,,7 Applicant/ Michael R. Money, General Partner BY Agent, Owner, Partner . . APPLICANT DISCLOSURE FORM In order to assist the members of the Planning Commission and City Council to avoid possible conflicts of interest, all applicants are required to complete this disclosure form at the time of submitting their application. When this form has been completed and signed, the information will be relied upon by them in. determining if a conflict may exist, so please ensure that all of the information is completed and accurate. If at anytime before a final action on your application has been rendered, any of the information required by this disclosure changes, an amendment reflecting this change must be filed. If the applicant is an individual, or a partnership (either general or limited) or a joint venture, please state the full name, address and phone number of each person or individual (including trusts) who own any beneficial interest in the property which is the subject of this application. Should one or more parties to the application be a partnership or joint venture, then please state the fuillegal name of the partnership or joint venture, its legal address and the name and address of each individual person who is a general and/or limited partner or member of the joint venture. Should one or more of the parties be a privately held corporation (10 share- holders or less) or a real estate syndication, then please state the state of incorporation or syndication, corporate number, date of incorporation or syndication, corporate or syndicate address, and the full names and addresses of each individual shareholder or syndicate member. Should the corporation be a publically held corporation, then state the full name and address of the corporation, the place of its incorporation, number of shareholders, and the name and address of the officers of the corporation. Should von feel that additional information needs to be provided in order to provide 4 full disclosure, please include it. - FORM 40 PL?I DEPARIMENT SU ° LEr1ENTAL INFORMATION FORM VARIANCE 0 1) Gross Acres (or square footage, if less than acre).______________ 2) Zane 3) G'eieral 'Plan Land Use Designation . 4) y law a Variance may be approved only if certain facts are Found to exist. Please read these requirements carefully and 'explain how the proposed project meets each of these facts. Use additional sheets if necessary. 'a) Explain why there, are exceptional or extraordinary circum- stances or conditions applicable to the property o.r to the intended use that do not apply generally to the 'other property or class of vse in the same vicinity and zone:__________________ b) Explain why such variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone but which is dened.to the property in question:_______________________________________ - -'- - c) Elain why the granting Materially detrimental to the th,e property or improvements the property Is located: of such variance will not be public welfare or injurious to in such vicinity and zone in which d) Explain why 'the qrartinq of such variance will not adversely affect the comprehensive general- plan: I. SPECIFIC REQUIREMENTS FILING REQUIREMENTS D General PlanAmendment/Zone Change 1. Application Form 2. General Requirement Items H-C) 3. Reproducible 1:500 scale map of subject property showing requested zoning and surrounding zoning and land uses 4. Fee: General Plan Amendment $200.00 + $5.00 per lot or acre Zone Change $500.00 Master Plan/Specific Plan 1. Application Form 2. General Requirement Items: - eighteen(18) copies of items A-ID - items E-O 3. Fee: Master Plan $1,000.00 + $2.00 per/acre Specific Plan $1,000.00 Master Plan Amendment: Minor $50.00 + 2.00 acre Major $500.00 + $2.00 acre j Tentative Tract Map 1. Application Form 2. Eighteen (18) copies of the Tentative Tract Map 3. General Requirement Items - eighteen(18) copies of items A-C - items E, G-K, M-P 4. Fee: $500.W(1-25 lots or units) $750.00 (26-100 lots or units) $1,000.00 (100 + lots or units) D Planned Unit Development 1. Application Form 2. General Requirement Items: - eighteen(18) copies of items A-ID - items E-O 3. Fee: 4 or less units $50.00 5 or more units $200.00 Major condominium Permit (5 or more units) 1. Application Form 2. General Requirement Items: - eighteen(18) copies of items A-ID - items E-O 3. Conversion to Condcminiums - list of names and addresses of all tenants of the project. 4. Fee: $50.00 + $1.00 per unit. D Minor Condominium Permit (4 or less units) 1. Application Form 2. General Requirement Items: - three (3) copies of items A-ID - items K, L, 0 3. Conversion to Condominiums - list of names and addresses of all tenants of the units to be converted to condominiums. 4. Fee: $50.00 + $1.00 per unit D Site Development Plan 1. Application Form 2. General Requirement Items - thirteen (13) copies of items A-D - items E-L, 0 3. Fee: $350.00 D Conditional Use Permit 1. Application Form 2. General Requirement Items: - thirteen (13) copies of items A-ID - items E-O 3. Fee: $400.00 D Variance 1. Application Form 2. General Requirement Items: - thirteen(13) copies of item A - items E,G,H, J-N, and I if applicable (see Title 19. Environment) 3. Variance Supplemental Sheet 4, Fee: Single Family = $100.00 Other = $250.00 Planning Camdssion Determination L.J 1, Application Form 2, One page statement precisely indicating the determination request, 3, General Requirement Items: - thirteen(13) copies of items A and D - items H, K, and L 4, Fee: $25.00 I.• GL rJfl A. Site Plans* Shall include the following information: E. One (].) copy of colored site plan (24" x 36 11) - name and address of: applicant p One (1) copy of colored elevations (24" x 36") engineer and/or architect, etc. all easements G. One (1) copy each of 8½" x 11" site plan and elevations dirnsiOned locations of: access, both pedestrian and vehicular, showing H. one (1) copy of 0¼" x U" location map (suggested scale service areas and Points of ingress and egress : 1:200" - vicinity maps on the site plan are not acceptable) off-street parking and loading areas sIxwirig location, number and typical dimension of spaces, and wheel stops 1. EWJirO!flta1 Impact Assessment Form ($100) - distances between buildings and/or structures - building setbacks (front, rear and sides) 7. Public Facility Agreement (Original and one copy - location, height, and materials of walls and fences - location of freestanding signs i. Disclosure Statement - all driveways to scale on adjacent and across the street properties for a distance of 100 feet beyond the units of subject site L. plytstatic copy of deed with complete legal description - existing curbs, gutters, sidewalks and existing paving of subject property or other form of description acceptab widths within 100 feet on adjacent and across the to the Planning Director. Street properties - typici1 Street section M. Public Hearing - any existing median islands within 100 feet of subject (Not needed for Site Develcçxnt Plan, Special Use Site Permit and Minor Condominium Permit). '1\ (2) copies - nearest cross streets on both sides with plus or minus of a TYPEWRITM LIST on gummed labels of the names distances fran subject site and addresses of all property owners and occupants - location of all buildings within 100 feet of subject within a 300 foot radius of the exterior boundaries properties of the property involved- The list shall include the - a victy map swing major cross streets San Diego County Assessor's Parcel Number for each parcel, - a summary table indicating the following information: which shall be obtained from the latest Assessor's rolls. site acreage existing zone and land use _____ Proposed land use _____ N. 300 Foot Radius Map total building coverage (nat needed for Site Dcveloptnt Plan, Special Use building sq. footage ____ Permit and Minor Condominium Permit). A map to scale Percent landscaping _____ not less than 1" = 200' showing each lot within 300 • nrnber of parking spaces feet of the exterior boundaries of the subject pro- • sq. footage of open/recrea- party. Each of these lots shall be consecutively • tional space (if applicable) ziunbered and correspond with the property owner's list, cubic footage of storage space . The scale of the map may be reduced to a scale accept (if applicable • able to the Planning Director if the required scale B. Preliminar' Grading and Drainage Plan* (24" x 3611 ) is impractical. - existing and proposed contours on the site and within , ' 0, For residential projects within Vista San Marcos, Encinitas 100 feet of the boundaries of the site , or San Diequito School Districts, the applicant shall ind- - elevations of the site cate whether he prefers to dedicate land for school faci- - existing on-site trees; those to be ranrv'ed and those lities, to pay a fee in lieu thereof, or do a ccnbixmtion to be saved of these. If the applicant prefers to dedicate land, he C. Preliminary Landscape and Irrigation Plan* (24" x 36") shall suggest the specific lard. - location of planting areas and typic plant natcrials For residential projects within the Carlsbad Unified School (Quantity and size) pistrict1 the applicant shall submit written confirmation - location of areas to ha irrigated that school facilities will be availaJle and serve the D. Building Elevations arid Floor Plans* (24" x 36 11) Foect at time of need, - floor plans with square fcotages Indicated P. 'relistthaiy Title Report, - location and size of storage areas - all buildings, structures, walls and/or fences, signs * N=i ZJL IWIIBITS MST BE- FOIDM IN A SIZE Wr 70 EXCID ¼" x 11". and exterior lights ç AMER, C l, First American American Title Insurance Company 411 IVY STREET, (P.O. BOX 808) SAN DIEGO, CALIFORNIA 92101 • (619) 238-1776 February 21, 1984 • FIRST AMERICAN TITLE INSURANCE Co. Santa Aria Office Attn: Rosie Franks YOUR NO.: 1379473RF OUR ORDER NO: 875561-2 DATED AS OF February 17, 1984 AT 7:30 A.M. : Gerald A. McDaniel/Title Officer SUPPLEMENTAL REPORT The above numbered report (Including any supplements or amendments thereto) is hereby modified and/or supplemented in order to reflect the following additional Items relating to the issuance of our Policy of Title Insurance: Please be advised that Item No. 2 has been supplemented with the following 2. Delinquent, General and Special taxes for the fiscal year 81-82 and subsequent delinquencies. Amount to redeem prior to February 29, 1984 $12,172.34, March 31, 1984, $ 12,313.73 and April 30, 1984, $12,455.12. Affects Parcel No. 155-101-62 Delinquent, General and Special taxes for the fiscal year 81-82 and subsequent delinquencies. Amount to redeem prior to February 29, 1984, $12,277.94, March 31, 1984, $12,420.68, April 30, 1984, $12,563.43. Affects Parcel No. 155-190-06. A Report to follow on Parcels 203-010-14 and 203-010-13 will follow. RECEIVED FEB 2 4 1984 HUMS BY JOHN LY11LE ~Oz First American Title Insurance Company 411 IVY STREET, (P.O. BOX 808) SAN DIEGO, CALIFORNIA 92101 • (619) 238-1776 February 16, 1984 FIRST AMERICAN TITLE INSURANCE COMPANY Santa Aria, California Attn: ROSIE FRANKS Your No. 1379473RF Our Order No. 875561-2 BUYER: Meridian Land Company, a general partnership In response to the above referenced application for a policy of title insurance, this Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in Exhibit A attached. Copies of the Policy forms should be read. They are available from the office which issued this report. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be seumed prior to the issuance of a policy of title insurance, a Binder or C,61 m nt shoulbe requested. I Dated as of February 6, 1984 at 7:30 a.m. 1/ GERALD McDANIEL/ef TITLE OFFICER CAL SCROGGINS The form of policy title insurance contemplated by this report is: ALTA OWNERS Title to said estate or interest at the date hereof is vested in: NATIVE SUN INVESTMENT GROUP, a limited partnership The estate or interest in the land hereinafter described or referred to covered by this Report is: FEE RECEt!O The land referred to herein is described as follows: FEB241984 HUMS BY JOHN IYiILE SEE LEGAL DESCRIPTION ATTACHED At the date hereof exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy form would be as follows: SEE FOLLOWING PAGES ATTACHED JZWWrr COP)` Y Form NO. 1098-1 it1/53) Exhibit A to Preliminary Riport EXHIBIT A LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (By Policy Type) 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY- 1973 SCHEDULES This policy does not Insure against Ices or damage, nor against costs, attorneys less or expenses any or all of which arise by reason of the following: part, 1. Texas or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or sse,asments on real property or by the public Proceedings by a public agency which may result in taxes or assessments, or notice, of such proceedings, whether or not shown by the records of such agency or by the public recordt 2. Any facts, rights, Interests cm-claims which are not shown by the public records but which could be ascertained by an Inspection of the land or by making Inquiry of persons In possession therat. 3. Easements, liens or .ncumbranc.s, or claims thereof, which are not shown by the public records. 41 Discrepancies, conflicts In boundary lines, shortage in ares, encroachment., or any Other facts which a correct survey would disclose, and which are not shown by the public records. • (a) Unpatented mining claims, (b) reservations or exceptions In patents or In Acts authorizing the Issuance marecf (c) water rights, claims or title to water. • Any right title, interest, estate or ess.m.nt In land beyond the lines at the area sp.ciilcalty described or referred to in Schedule A. or in abutting straits, roads, avenu.s, alleys, lanes, ways or waterways, but nothing In the paragraph shall modify or limit the extent to which the ordinary tight of an abutting owner for aoc.sa to a physically open strait or highway Is Insured by this policy. 7. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or inlay- mint Who land, or regulating the character, dimensions, or lcation of any improvement now or hereafter erected on the land, or prohibiting a separation In ownership or a reduc- tion In the dimensions, or area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. S. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records. 9. Defects liens, encumbrances, adverse claims, or other matters (a) crested, suffered, assumed oragreed to by the insured claimant; (b) not shown by the public records and not otherwise excluded from coverage but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or Interest Insured by this policy or acquired the insured mortgage and not disclosed In writing by the Insure claimant to the Company prior to the date such Insured claimant became an insured hereunder, (C) resulting in no toes ordamagetoth. Insured claimant; (d) attaching orcreatedsubsequent to Dota of Policy or (a) resulting In loss or damage which would not have been sus' tamed If the Insured claimant had been a purchaser or encumbrancer for value without knowledge. 2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B. 1970 (AMENDED 10.17-70) SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law, ordinance or governmental regulation (Including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoy' mint of the land, or regulating the character, dimensions or location of any Improvement now or hereaftererected on the land, orprohibltlng a separation In ownership ors reduc- tion In the dimensions of area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears In the public records at Date of Policy. 3. Detects, lions, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the Insured claimant; (b) not known to the Company and not shown bythe public recofdsbut known to the Insuredclslmsnt eltherst Date of Policy orstthe date such claimant acquired an estate or Interest bythis policysnd not disclosed In writing by the Insured claimant to the Company prior to the date such Insured claimant became an Insured hereunder (c) resulting in no loss or damage to the Insured claimant ( attaching orcreatedaubeegusnttoData of PoIW, or (e) resulting In loss ordome" which would not have been sustained If the insured claimant had paid value for the estate or Interest Insured by this policy. 3. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY - 1979 EXCLUSIONS In addition to the Exceptions In Schedule S, you are not insured against Ices, costs, attorneys' fees and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: • land use S land division • Improvements on the land S environmental protection This exclusion does not limit the zoning coverage described In Items 12 and 1301 Covered Title Risks. 2. The right to take the land by condemning It unless a notice of taking appears In the public records on the Policy Date. 3. ThIS Risks: • that are created, allowed, or agreed to by you • that are known to you, but not to us, on the Policy Date- unless they appeared in the public records. • that result lnno ion toyou • that first affect your title alter the Policy Date-this doss not limit the labor and material lien coverage In Item 901 Covered Title Risks 4. Failure to pay value for your title S. Lack ofsright: • to any land outside the area specIfically, described and referred to In hem 301 Schedule A or • In streets alleys, or waterways that touch your land This exclusion does not limit the acoees coverage In Item 501 Covered Title Risks. SCHEDULE B. EXCEPTIONS In additIon to the Exclusions, you are not Insured against lose, costs, attorneys' lees, and expenses resulting from: 1. Any rights, Interests or claims of pestles In possession of the land not shown by the public records. 2. Any easements or liens not shown by the public recorda. This exception does not limit the lIen coverage In Item 801 Covered This Risks. 3. Any facts about the land which a correct survey would disclose and which are not shown by the public records. This exception does not limit the forced removal coverage in Item 1201 Covered Title RIsks. 4. Any water tights, claims or this to water on or under the land. Continued on Reverse Side ORDE-R NO. 875561-2 PAGE NO. 2 At the date hereof exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy form would be as follows: 1. General and Special taxes for the fiscal year 1983-84, First Installment, delinquent. 2. A report to follow on: TAXES 3. The lien of supplemental taxes assessed pursuant to Chapter 498, Statutes of 1983 of the State of California. 4. An easement for either or both pole lines, underground conduits and incidental purposes together with the right of ingress and egress in favor of San Diego Gas and Electric Company by instrument recorded December 26, 1916 in Book 712, page 403 of Deeds, located within a strip of land 24 feet in width, the center line of which is described as follows: Beginning at a point on the North line of said Lot 3, Distant 1102.7 feet from the Northeast corner of said Lot 3; thence South 33 °38' East 248.1 feet; thence South 32 °54" East 1335 feet to a point on the South line of said Lot 3. Excepting therefrom that portion lying North of the North line of the South 5 acres of Lot 3. Affects Parcel 2. 5. The recital contained on the Map of said land relinquishing jurisdiction and control over all pipes, poles or other structures, or work, trees and anything of whatever nature that may be upon, across or over the highways offered for dedication. 6. The recital contained on the Map of said land which agrees to allow the crossarins of poles or similar structures placed along the right of way of certain highways to hang over the abutting land. 7. Rights of way for telephone and/or electric poles and lines, and for sewer, water and/or gas mains and pipe lines, in, under, over and across land, herein described, togehter with the right to enter on said property for purposes of construction, reconstruction, repairing, and/or altering any of the same, provided, however, such poles, lines or pipes shall be so located as to interfere with the property as little as possible as reserved by Win. C. Kerckhoff Company, in Deed recorded October 2, 1940 in Book 1077, page 385 of Official Records. The route or location of said easement cannot be determined from the record. Affects Parcel 1. ORDER NO. 875561-2 n PAGE NO. 3 8. An easement for a right of way 6 feet in width, for flood control purposes and incidental purposes in favor of the County of San Diego, recorded March 26, 1941 in Book 1158, page 124 of Official Records. The route or location cannot be determined from said instrument. Reference is made to said instrument for further particulars. 9. Covenants, conditions and restrictions, but deleting restrictions, if any, based on race, color, religion or national origin, in an instrument recorded July 18, 1960 as File No. 144767 of Official Records. Said instrument provides that a violation thereof shall not defeat or render invalid the lieu of any mortgage or deed of trust made for value. 10. An easement for either or both pole lines, underground conduits and incidental purposes together with the right of ingress and egress in favor of San Diego Gas & Electric Company by instrument recorded August 12, 1963 as File No. 141573 of Official Records, described as follows: 12 feet in width, being 6 feet measured at right angles, on each side of the following described route of said line of poles and wires: Commencing at the most Easterly corner of said Lot 47; thence North 41 0 10' West, along the Northeasterly line thereof, 255.25 feet; thence North 49 °52 1 45" West, 102.90 feet; thence South 66 °08'15" West, 34.50 feet to the TRUE POINT OF BEGINNING of said center line of right of way; thence from said TRUE POINT OF BEGINNING, continuing South 66 008 1 15" West to the Westerly line of said Ocean Street. ALSO: Beginning at said TRUE POINT OF BEGINNING; thence North 15 0'45 1 45" West, 25.0 feet. Said instrument further recites: "It is understood by the parties hereto that the Grantee may place, erect and maintain on the lands of the Grantor adjacent to the above described right of way such anchorage as may be necessary to properly guy the power pole line erected over said right of way." Reference is made to said instrument for further particulars. 11. An easement for a right of way easement 10 feet in width, for the purpose of erecting, constructing, reconstructing, replacing, repairing, maintaining and operating water system, excavation and/or embankment facilities and appurtenances thereto, together with the right of ingress and egress to and from said right of way by practical route or routes and incidental purposes in favor of the City of Carlsbad, recorded May 19, 1964 as File No. 89987 of Official Records, described as follows: ORDER NO. 875561-2 PAGE NO. 4 The centerline of said right of way easement in aforesaid land is particularly described as follows: Beginning at a point in the Easterly line of Mountain View Drive as shown on Map of Granville Park according to Map thereof No. 1782, said point being on a curve, concave Easterly, having a radius of 268.03 feet, a radial line through said point bears North 58 °14 145" East; thence Northerly along said curve, through a central angle of 6 022 1 30', an arc distance of 29.82 feet to a point on a non-tangent curve, concave Southerly, having a radius of 73 feet, a radial line to said point bears North 34 0 11 1 05" East; thence Westerly on the are of said curve, through a central angle of 23 °41'05", an arc distance of 30.18 feet to the TRUE POINT OF BEGINNING; thence North 17 °08 1 00'East, 191.61 feet, more or less, to a point on the North easterly line of Lot A, Granville Park, No. 2, according to Map thereof No. 2037, said point being the terminus of said easement. Reference is made to said instrument for further particulars. 12. An easement for a right of way easement 10 feet in width, for the purpose of erecting, constructing, reconstructing, replacing, repairing, maintaining, and operating drainage, excavation, and/or embankment facilities and appurtenances thereto, together with the right of ingress and egress to and from said right of way by practical route or routes and incidental purposes in favor of the City of Carlsbad and Southern Counties Gas Co., recorded May 19 1 1964 as File No. 89988 of Official Records, described as follows: The center line of said right of way easement in aforesaid land is particularly described as follows: Beginning at a point in the Easterly line of Mountain View Drive as shown on Map of Granville Park according to Map thereof No. 1782, said point being on a curve, concave Easterly, having a radius of 268.03 feet, a radial line through said point bears North 58 °14 1 45" East; thence Northerly along said curve, through a central angle of 6 °22'30", an arc distance of 29.82 feet to a point on a non-tangent curve, concave Southerly, having a radius of 73 feet, a radial line to said point bears North 34 °11 1 05" East; thence Westerly on the arc of said curve, through a central angle of 31 040 1 35 an arc distance of 40.36 feet to the TRUE POINT OF BEGINNING; thence North 17 °08 100" East, 197.87 feet, more or less, to a point on the Northeasterly line of Lot A. Granville Park No. 2, according to Map thereof No. 2037, said point being the terminus of said easement. Reference is made to said instrument for further particulars. 13. An easement for either or both pole lines, underground conduits and incidental purposes together with the right of ingress and egress in favor of San Diego Gas & Electric Company by instrument recorded December 30, 1966 as File No. 202021 of Official Records, described as follows: ORDER NO. 875561-2 . PAGE NO. 5 Within that certain 12.00 foot strip of land, being 6.00 feet on each side of the following described center line: Commencing at the most Easterly corner of Lot 2 of said Granville Park; thence North 32 °31 100" West, along the Northeasterly line of said Lot 2, a distance of 52.68 feet; thence leaving said Northeasterly line, North 57 °29 100" East, 20.00 feet; thence North 22 °27 100" East, 250.40 feet; thence South 36 °01 1 40" East, 183.70 feet to the TRUE POINT OF BEGINNING of the right of way herein described, said TRUE POINT OF BEGINNING being a point on the center line of that certain right of way granted to San Diego Consolidated Gas & Electric Company, a corporation, recorded January 30, 1934 in Book 260, page 455 of Official Records of said County of San Diego; thence from said TRUE POINT OF BEGINNING, North 36 °01 140" West, 183.70 feet; thence North 31 °11 1 50" West, 460 feet, more or less, to the Northerly line of said Lot "A" of Granville Park No. 2. ALSO: Within that certain 4.00 foot strip of land, being 2.00 feet on each side of the following described center line: Beginning at said TRUE POINT OF BEGINNING; thence North 55 °51 1 20" East, 15.00 feet. EXCEPTING from the above described right of way any portion thereof not lying within the above described lands of the Grantor herein. Said instrument further recites: that the Grantee may place, erect adjacent to the above described necessary to properly guy the po way." "It is understood by the parties hereto and maintain on the lands of the Grantor right of way such anchorage as may be er pole line erected over said right of Reference is made to said instrument for further particulars. 14. An easement for a non-exclusive easement for (a) ingress and egress (b) the construction, installation, replacement, repair, maintenance and use of roads and streets and (c) the construction, installation, repair, maintenance and use of underground lines, wires, mains, pipelines, conduits, cables and facilities for utility purposes and uses, including, but not limited to sewer, water, gas, power, telephone and television purposes and incidental purposes in favor of Nancy Keith Tenaglia, recorded November 11, 1971 as File No. 262891 of Official Records, described as follows: A 20.00 foot easement, the centerline of which is described as follows: Beginning at a point in the Easterly line of Mountain View Drive as shown on said Map No. 1782, said point being on a curve, concave Easterly, having a radius of 268.03 feet, a radial line through said point bears North 58 °14 1 45" East; thence Northerly along said curve, through a central angle of 6 °22 1 30" an arc distance of 29.82 feet; thence continuing Northerly along said curve through a central angle of 6 °36 1 58" an arc distance of 30.95 ORDER NO. 875561-2 PAGE NO. 6 feet; thence North 71 0 14 1 12" East, 10.00 feet to a Point "A" being the TRUE POINT OF BEGINNING; thence North 18 °45 1 48" West, 45.00 feet to the beginning of a tangent 100.00 foot radius curve concave Southeasterly; thence 52.36 feet along the arc of said curve through a central angle of 30 °00 1 00"; thence tangent to said curve, North 11°14'12" East, 29.04 feet to the beginning of a tangent 100.00 foot radius curve concave Westerly; thence 100.15 feet along the arc of said curve through a central angle of 57°22'58" to a point of compound curvature with a 1,542.69 foot radius curve concave Northeasterly, said curve being parallel with and 10.00 feet Southwesterly of the Southwesterly right-of-way line of the A.T. & S.F.R.R.; thence along the arc of said curve 96.42 feet through a central angle of 3 °34 1 52" to an intersection with the North line of said Lot A. ALSO beginning at Point "A", being the beginning of a tangent 258.03 foot radius curve concave Northeasterly; thence Southerly 29.82 feet along the arc of said curve through a central angle of 6 °37 1 15" to a point of compound curvature with a 10.00 foot radius curve concave Northwesterly; thence 15.52 feet along the arc of said curve through a central angle of 88°55 1 43" to an intersection with the Easterly line of said Mountain View Drive. The Northerly extension of the sidelines of said easement shall lengthen or shorten to meet the Northerly line of said Lot A. The Southerly extension of the sidelines of said easement shall lengthen or shorten to meet the Easterly line of said Mountain View Drive. Reference is made to said instrument for further particulars. 15. A flood channel, as set out on a survey attached to Ordinance No. 1139 annexing said land to the City of Carlsbad, a certified copy of which was recorded December 2, 1971 as Pile No. 280530 of Official Records. Reference is made to said instrument for further particulars. Affects the Westerly and Northwesterly 40 feet of Parcel 2. 16. An easement for the purposes of maintaining, operating, and repairing the weir and for the maintenance of the channel Westerly thereof to the Pacific Ocean and incidental purposes in favor of the City of Carlsbad, recorded June 19, 1972 as Pile No. 156539 of Official Records, described as follows: PARCEL 1 - EASEMENT FOR INGRESS AND EGRESS: All that portion of Lot "A", Granville Park as shown on Subdivision Map No. 2037, in the County of San Diego, State of California, lying within a strip of land 40 feet in width, the centerline of said 40 foot strip of land being more particularly described as follows: Commencing at the intersection of the centerline of Pacific Street, as said Street is shown on Nap No. 909 of Ocean Front Addition, filed in the Office of the County Recorder of said San Diego County, with the North line of Lot 3 of Section 1, Township 12 South, Range 5 West, San Bernardino Base and ORDER NO. 875561-2 PAGE NO. 7 Meridian; thence South 41 °16' East along the Southeasterly prolongation of the said center line of Pacific Street 176.34 feet; thence South 43 °44' West, 109.00 feet to the beginning of a 69.40 foot radius curve concave Easterly; thence Southerly along the arc of said curve through a central angle of 88 °17' a distance of 100.00 feet; thence South 39 °33' East, 440.02 feet; thence North 50 °27' East, 80.00 feet to the beginning of a 50 foot radius curve concave Southerly; thence Easterly along the arc of said curve through a central angle of 90 ° a distance of 73.54 feet; thence South 39 °33' East, 168.12 feet to the beginning of 1,084.92 foot radius curve concave Southwesterly; thence Southeasterly along the are of said curve through a central angle of 10 °07 1 34" a distance of 191.74 feet; thence non-tangent to said curve South 51 °33 1 10" West, 131.85 feet to a point on a non- tangent 954.92 foot radius curve concave Southwesterly, the center of said curve bears South 61 °49 1 01" West from said point; thence Southeasterly along the arc of said curve through a central angle of 0°37 1 59" a distance of 10.55 feet; thence South 27 °33' East, 405.57 feet to an intersection with the Southerly line of said Lot 3, Section 1, said line also being the Northerly line of Lot "A", Granville Park as shown on Subdivision Map No. 2037; said point being Point "A" of this description, said point being also the TRUE POINT OF BEGINNING; thence continuing South 27 °33' East, 138.42 feet. PARCEL 2 - EASEMENT FOR DRAINAGE AND MAINTENANCE - WEIR SITE: A 40 foot strip of land lying within said Lot "A" of Granville Park Subdivision Map No. 2037, the centerline of said 40 foot strip of land being more particularly described as follows: Commencing at Point "A" hereinabove described in Parcel 1 of this Exhibit; thence continuing South 27 °33' East, 120 feet to the TRUE POINT OF BEGINNING; thence continuing South 27 0 33' East, 125 feet to the Southerly terminus of said 40 foot strip of land. PARCEL 3 - EASEMENT FOR DRAINAGE AND MAINTENANCE - CHANNEL: An 80 foot strip of land lying within said Lot "A" of Granville Park Subdivision Map No. 2037, the centerline of said 80 foot strip of land being more particularly described as follows: Commencing at a Point "A" hereinabove described in Parcel 1 of this Exhibit; thence continuing South 27 °33' East, 179.15 feet to the TRUE POINT OF BEGINNING; thence South 51 033 1 10" West to the mean high tide line of the Pacific Ocean. Reference is made to said instrument for further particulars. 17. Possible annexation fees to the Carlsbad Municipal Water District as disclosed by annexation recorded December 29, 1972 as File No. 347561 of Official Records. Affects Parcel 2. ORDER NO. 875561-2 PAGE NO. 8 18. An Agreement regarding installation and maintenance of wire, dated March 30, 1971, upon the terms, covenants, and conditions contained therein. EXECUTED BY AND BETWEEN: THE NATURE CONSERVANCY, a non-profit corporation, THE CITY OF OCEANSIDE, a municipal corporation, THE CITY OF CARLSBAD, a municipal corporation, NANCY KEITH TENAGLIA and ARMY AND NAVY ACADEMY, Carlsbad, California, a non-profit corporation RECORDED: June 19, 1972 as File No. 156538 of Official Records. (i) An easement for 8 foot street dedication and incidental purposes in favor of _-" the City of Carlsbad, recorded February 13, 1973 as File No. 73-038725 of Official Records, described as follows: Beginning at the most Southerly corner of said Lot 47 of Granville Park, Map No. 1782; thence along the Southeasterly line of said Lot 47, North 55°07 1 43" East, 871 feet to a point in the arc of a 370.32 foot radius curve, the radial center of said curve bears South 32 °03 1 31" West from said point; the leaving said Southeasterly line Northwesterly along the arc of said curve 90.71 feet, through a central angle of 14 °02'04" to a point of reverse curve, having a radius of 260.03 feet; thence Northwesterly along the arc of said curve 85.88 feet through a central angle of 18 °55 1 22" to a point of compound curve, having a radius of 257.20 feet; thence Northwesterly along the arc of said curve 95.61 feet, through a central angle of 21 °17 1 56" to a point of reverse curve, having a radius of 73 feet; thence Northwesterly along the arc of said curve 30.62 feet, through a central angle of 24 °01'59" to a point in arc of a 265.20 feet (Record 268.03 foot) radius curve in the Easterly line of Mountain View Drive, the radial center of said curve bears North 64 °40'57" East from said point; thence Southeasterly along the arc of said curve, being also along the Easterly line of Noun tain View Drive, 128.38 feet, through a central angle of 27 °44 1 08" to a point of compound curve, having a radius of 268.03 feet; thence Southeasterly along the arc of said curve 88.52 feet, through a central angle of 18 °55 122" to a point of reverse curve, having a radius of 362.32 feet (Record 350.00 feet); thence Southeasterly along the arc of curve 85.33 feet through a central angle of 13 °29'40" to the Point of Beginning. 3of Reference is made to said instrument for further particulars. An easement for an 8 foot street dedication and Incidental purposes In favor the City of Carlsbad, recorded February 13, 1973 as File No. 73-038726 of Official Records, described as follows: Beginning at the most Northerly corner of Lot 1 of Granville Park, Map No. 1782 as filed in the Office of the County Recorder of said San Diego County on February 21, 1924; thence along the Northwesterly line of said Lot 1, South 57 °29 1 00" West, 11.94 feet to a point in the arc of a 135.29 foot radius curve, the radial center of said curve bears South 76 030 1 08" East from said point; thence leaving said Northwesterly line, Northeasterly along the arc of said curve 158.17 feet through a central angle of 66 °59'08" to a S ORDER NO. 875561-2 PAGE NO. 9 point of compound curve having a radius of 198.00 feet; thence Easterly along said curve 31.57 feet through a central angle of 9 °08 1 11"; thence leaving said curve, South 32 °21'40" East, 9.51 feet to a point in the arc of a 190.00 foot radius curve in the Northerly line of Ocean Street, the radial center of said curve bears South 1 008 1 20" West from said point; thence Westerly along said curve and the Northerly line of Ocean Street 35.34 feet, through a central angle of I0 °39 1 20' to a point of compound curve, having a radius of 127.29 feet; thence Southwesterly along the arc of said curve 140.22 feet through a central angle of 63 °07 1 00" to the POINT OF BEGINNING. Reference Is made to said instrument for further particulars. 21. An easement for a proposed beach access and incidental purposes In favor of the City of Carlsbad, recorded February 13, 1973 as File No. 73-038727 of Official Records, described as follows: That portion of Lot "A" of Granville Park No. 2, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 2037, as filed in the Office of the County Recorder of said San Diego County, June 18, 1927, lying Southeasterly of the following described line: Beginning at the most Northerly corner of Lot 1, Granville Park, Map No. 1782, as filed in the Office of the County Recorder of said San Diego County on February 21, 1924, said corner being a point in the arc of a 127.29 foot radius curve in the Southeasterly line of said Lot "A", the radial line of said point bears South 72 °38'00" East; thence Northeasterly along the arc of said curve 13.00 feet through a central angle of 5 °51'05"; thence leaving said curve on a radial line which bears North 66 046 1 55" West, 5.38 feet; thence parallel to the Southeasterly line of said Lot "A", South 57 °29 1 00" West, 303.00 feet more or less to the mean high tide line. Reference is made to said instrument for further particulars. 22. An Agreement regarding Future Improvement and Parcel Split, dated January 16, 1973, upon the terms, covenants, and conditions contained therein. EXECUTED BY AND BETWEEN: ARMY AND NAVY ACADEMY and THE CITY OF CARLSBAD. RECORDED: January 31, 1973 as File No. 73-027460 of Official Records. Reference is made to said instrument for further particulars. 23. An easement for a right of way to lay, construct, maintain, operate, repair, renew, change the size of and remove one or more pipe lines, with metering, regulating and other equipment, for the transportation of gas, with the right of ingress and egress to and from the same and incidental purposes in favor of the Southern California Gas Company, recorded May 30, 1974 as File No. 74-142529 of Official Records. The route or location cannot be determined from said instrument. Reference is made to said instrument for further particulars. ORDER NO. 875561-2 PAGE NO. 10 24. An easement and right of way for the purpose of repair and maintenance of existing tennis court facilities and incidental purposes as reserved by instrument recorded April 16, 1975 as File No. 75-087331 of Official Records, and the right of others to use said easement as conveyed or reserved in various other instruments of record, over, under, along and across the herein described property, said 2.00 feet being measured at right angles to that course described as South 03°43'49" East, 139.99 feet. The Westerly line of said 2.00 feet shall be prolonged so as to begin from that course described as South 15 °1729" East, and shall be shortened so as to terminate in the Easterly line of said Mountain View Drive. 25. A non-exclusive easement for (a) ingress and egress; (b) the construction, installation, replacement, repair, maintenance and use of raods and streets; and (c) the construction, installation, repair, maintenance and use of underground lines, wires, mains, pipelines, conduits, cables and facilities for utility purposes and uses, including, but not limited to sewer, water, gas, power, telephone and television and incidental purposes in favor of Nancy Keith Tanaglia, recorded August 1, 1975 as File No. 75-202937 of Official Records, described as follows: Beginning at a point in the Easterly line of Mountain View Drive as shown on sad Map No. 1782, said point being on a curve, concave Easterly, having a radius of 268.03 feet, a radial line through said point bears South 57 °36 145" West (record-North 58 °14 1 45" East per said Map No. 1782); thence Northerly along the arc of said curve, through a central angle of 12 °59'27", a distance of 60.77 feet; thence South 12 003 1 11' East 35.99 feet to a point in a 65.00 foot radius curve, concave Southwesterly, a radial to said point bears North 33 °33 105" East, said point also being in the Northeasterly line of Mountain View Drive (40 feet wide) as it now exists; thence Southeasterly along the arc of said curve, through a central angle of 24 °03'40", a distance of 27.30 feet to the Point of Beginning. 26. An easement for ingress and egress and public recreation purposes and incidental uses including, but not limited to, parking, fishing, pienicing, general viewing, public protection, policing and erosion control. 27. The public rights, if any, of navigation and fishery. 28. Any adverse claim to any portion of said land which has been created by artificial means or has accreted to such portion so created. 29. Any claim that any portion of said land is or ever was tidal, subject to the ebb and flow of the Pacific Ocean. . . ORDER NO. 875561-2 PAGE NO. 11 30. A Deed of Trust to secure an indebtedness in the original principal sum of $630,000.00 and any other amounts and/or obligations secured thereby, recorded October 17, 1979 as File No. 79-433181 of. Official Records. DATED: October 9, 1979 TRUSTOR: NATIVE SUN INVESTMENT GROUP, a limited partnership TRUSTEE: TITLE INSURANCE AND TRUST COMPANY, a California corporation BENEFICIARY: NANCY KEITH TENAGLIA, a married woman An instrument dated February 1, 1980, recorded February 22, 1980 as File No. 80-059716 of Official Records, executed by NANCY KEITH TENAGLIA AND NATIVE SUN INVESTMENT GROUP purports to modify the terms of the note secured by said Deed of Trust as therein provided. An instrument recorded July 6, 1981 as File No. 81-211183 of Official Records, substitutes LAND TITLE INSURANCE COMPANY as trustee in said Deed of Trust. The beneficial interest under said Deed of Trust was assigned to TITLE INSURANCE AND TRUST COMPANY by assignment recorded August 17, 1981 as File No. 81-261609 of Official Records. 31. An action commenced May 22, 1981 in the Superior Court in and for the County of San Diego. Case No.: N17402 Plaintiff: NATIVE SUN INVESTMENT GROUP, a California limited partnership vs. Defendant: NANCY KEITH TEMAGLIA, HENRY TENAGLIA, TITLE INSURANCE AND TRUST COMPANY, a California corporation, and DOES 1 through 30, inclusive purpose: To determine the rights and duties of the various parties in connection with ownership of the subject property, as described more fully in the complaint. Notice of pendency of said action was recorded May 27, 1981 as File No. 81- 163922 of Official Records. 32. A Deed of Trust to secure an indebtedness in the original principal sum of $1,399,000.00 and any other amounts and/or obligations secured thereby, recorded February 22, 1982 as File No. 82-046542 of Official Records. DATED: January 27, 1982 TRUSTOR: NATIVE SUN INVESTMENT GROUP, a California limited partnership TRUSTEE: CONTINENTAL AUXILIARY COMPANY, a California corporation BENEFICIARY: BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION, a national banking association 33. An Agreement regarding payment of a public facilities fee, dated August 20, 1981, upon the terms, covenants, and conditions contained therein. EXECUTED BY AND BETWEEN: NATIVE SUN INVESTMENT GROUP and THE CITY OF CARLSBAD, a municipal corporation RECORDED: September 8, 1981 as File No. 81-286840 of Official Records. ORDER NO. 875561-2 PAGE NO. 12 34. An action commenced December 12, 1983 in the Superior Court in and for the County of San Diego. Case No.: N18495 and N18496 Plaintiff: NATIVE SUN INVESTMENT GROUP, a California limited partnership V80 Defendant: THE STATE OF CALIFORNIA; STATE LANDS COMMISSION; TICOR TITLE INSURANCE OF CALIFORNIA; DOES 1 through 1000, inclusive purpose: to obtain a judgment declaring a Settlement Agreement which Includes an agreement fixing the ordinary high water mark, a boundary exchange agreement, the grant by plaintiff to the State of an easement for public recreation, and the patent by the State to plaintiff of portions of the subject property specified in said agreement, to be valid, and a decree quieting title in the parties to the portion of the subject proeprty granted to them in said Agreement. Notice of pendency of said action was recorded December 13, 1983 as File No. 83-452853 of Official Records. 35. The terms, covenants, and provisions of the Limited Partnership Agreement referred to in the vesting herein, and the effect of any failure to comply with such terms, covenants, and provisions. 36. The requirement that this Company be furnished a copy of Limited Partnership Agrement of Native Sun Investment Group. 37. The requirement that there be recorded a Certificate of Partnership on Meridian Land Company prior to the signing of any documents to be executed and recorded through this transaction. 38. The legal description herein covers all the contiguous property apparently ownned by the vestee herein and if there are to be any division of the land, a Parcel Map or other evidence of compliance with Land Division Ordinance may be required. 39. The legal description for Parcels 1 and 3 herein, as they presently appear of record, do not appear to be insurable. At such time it is determined what property is to be insured, it will be necessary for us to make an additional title search to establish the corrective procedure, If any that may be required of if a survey will be necessary. ORDER NO. 875561-2 1 PACE NO. 13 1983-84 TAX INFORMATION: CODE AREA: 09000 PARCEL NO.: 155-19-06 1ST INSTALLMENT: $2,449.01 NOT PAID (DELINQUENT) + PENALTY $244.90 2ND INSTALLMENT: $2,449.01 NOT PAID LAND VALUE: $436,083.00 IMPROVEMENTS: EXEMPT: CODE AREA: 09035 PARCEL NO.: 155-101-62 1ST INSTALLMENT: $2,860.08 NOT PAID (DELIQNUENT) + PENALTY $286.00 2ND INSTALLMENT: $2,860.08 NOT PAID LAND VALUE: $446,591.00 IMPROVEMENTS: $-O- EXEMPT: CODE AREA: 09000 PARCEL NO.: 203-010-14 1ST INSTALLMENT: $8,444.57 NOT PAID (DELINQUENT) + PENALTY $844.45 2ND INSTALLMENT: $8,444.57 NOT PAID LAND VALUE: $1,312 3,453.00 IMPROVEMENTS: $-0- EXEMPT: CODE AREA: 09000 PARCEL NO.: 203-010-13 1ST INSTALLMENT: $12.79 NOT PAID (DELINQUENT) + PENALTY $1.27 2ND INSTALLMENT: $12.79 NOT PAID LAND VALUE: $1,050.00 IMPROVEMENTS: $-O- EXEMPT: Disk No. C-1078 LEGAL DESCRIPTION ORDER NO. 875561-2 The land referred to herein is situated in the State of California, County of San Diego, and is described as follows: PARCEL 1: All that portion of Lot 2 in Section 1, Township 12 South, Range 5 West, San Bernardino Base and Meridian, in the City of Carlsbad, in the County of San Diego, State of California, according to Official Plat thereof, lying Southwesterly of the right of way of the Atchison, Topeka and Santa Fe Railway, more particularly described as follows: Beginning at the Southwest corner of said Lot 2, said Point of Beginning being also the Northeasterly corner of Lot 4 of said Section 1 as shown on the Map of GR.ANVILLE PARK NO. 1782, Records of San Diego County; thence along the Westerly line of said Lot 2, North 0°10' East to its intersection with the Westerly right of way line of the Atchison, Topeka and Santa Fe Railway; thence along said railway right of way, South 41 °40 1 40" East (Record South 41 °16' East) a distance of 353.20 feet to the beginning of a curve concave to the Northeast and having a radius of 1532.69 feet; thence along the arc of said curve through a central angle of 1 °19 1 30" a distance of 35.45 feet (Record 31.73 feet) to its intersection with the Southerly line of said Lot 2; thence along said Southerly line of Lot 2, North 89°50' West a distance of 257.04 feet (Record 256.21 feet) to the Point of Beginning. PARCEL 2: That portion of Lot 3, Section 1, Township 12 South, Range 5 West, San Bernardino Base and Meridian, in the City of Carlsbad in the County of San Diego, State of California, according to Official Plat thereof, described as follows: Beginning at the Southeast corner of said Lot 3, Section 1; thence along the East line of said Lot 3, North 0 004 1 30 West 417.05 feet to the Southwesterly right of way line of the Atchison, Topeka and Santa Fe Railway; thence along said line North 41 0 16' West to the Southeasterly boundary of Parcel Map No. 1033 filed in the Office of County Recorder of San Diego County; thence in a Southwesterly direction along said Southeasterly boundary to the Southerly line of said Lot 3; thence South 89°55 1 30" East along said South line to the Point of Beginning. LEGAL DESCRIPTION ORDER NO. 875561-2 PARCEL 3: That portion of Lot "A" of GRANVILLE PARK UNIT NO. 2, according to Map thereof No. 2037 and that portion of Lot 47 of GRANVILLE PARK and that portion of Laguna Drive adjacent thereto (vacated by Resolution No. 918 of the City Council of the City of Carlsbad, California recorded July 19, 1963 as File No. 126793 of Official Records of San Diego County, California) according to Map thereof No. 1782-all in the City of Carlsbad, County of San Diego, State of California and filed in the Office of the County Recorder of said County, more particularly described as follows: Beginning at a point in the Easterly line of Mountain View Drive shown on said Map No. 1782, said point being on a curve, concave Easterly, having a radius of 268.03 feet, a radial line through said point bears South 57 °36 1 45" West (Record South 58 °14'45" West per said Map No. 1782); thence Southeasterly along the arc of said curve, through a central angle of 2 °08 1 16", a distance of 10.00 feet; the last said course being along the Northeastely line of said Mountain View Drive and along the Southwesterly line of said Lot 47; thence leaving said Northeasterly line of Mountain View Drive, North 3 °43'49" West, 139.99 feet; thence North 15 °17 1 29" West, 59.75 feet to a point in the Northwesterly line of said Laguna Drive (vacated) said Northwesterly line also being the Southeasterly line of said Lot "A", said point being on a curve, concave Southeasterly, having a radius of 207.16 feet, a radial line through said point bears North 45 °21 1 44" West; thence Northeasterly along the arc of last said curve, and along the Northwesterly line of said Laguna Drive (vacated), through a central angle of 12 035 1 14", a distance of 45.51 feet to a point on the Southwesterly right-of-way line of the Atchison Topeka and Santa Fe Railroad (200 feet wide) as shown on said Maps No. 1782 and No. 2037, said point being on a curve, concave Northeasterly, having a radius of 1532.69 feet, a radial line through said point bears South 39 °44 1 30" West (Record South 40 0 23 1 15" West per said Map No. 1782); thence Northwesterly along the arc of last said curve being the Southwesterly right-of-way line of said Atchison, Topeka and Santa Fe Railroad and the Northeasterly line of sAid Lot "A", through a central angle of 7 °09'30", a distance of 191.49 feet (Record 191.51 feet per said Map No. 2037) to the Northeasterly corner of said Lot "A"; thence along the Northerly line of said Lot "A", South 89 °28 1 00" West, a distance of 595.58 feet to a point which bears North 89 °28'00" East along the Northerly line of said Lot "A", 265.75 feet from the intersection of said Northerly line of Lot "A" with the center line of a 40.00 foot easement as described in Book 1696 at page 102 of Deeds, said point being in the arc of a 300.00 foot radius curve, concave Northwesterly, a radial line through said point bears South 54 °04 1 19" East; thence Southwesterly along the arc of last said curve, through a central angle of 14 °59 1 14", a distance of 78.47 feet; thence tangent to last said curve South 50 054 1 55" West to the Mean High Tide Line of the Pacific Ocean; thence Southeasterly along the Mean High Tide Line of the Pacific Ocean to the Southwesterly extension of the Southeasterly line of said Lot "A"; thence North 56 °51 1 00" East along said Southwesterly extension and along the Southeasterly line of said Lot "A", 297 feet more or less to a point on the Northwesterly line of Ocean Street (formerly Laguna Drive per Map No. 2037) said point being on a curve, concave Southeasterly, having a radius of 127.29 feet, a radial line through said point - LEGAL DESCRIPTION . ORDER NO. 875561-2 bears North 73 °16 1 00" West; thence continuing Northeasterly along the Southeasterly line of said Lot 'A" (being also te Northwesterly line of said Ocean Street along the arc of last said curve, through a central angle of 63 007 1 00", a distance of 140.22 feet to the beginning of a compound curve, concave Southeasterly, having a radius of 190.00 feet; thence continuing Easterly along the Southeasterly line of said Lot A (being also the Northwesterly line of said Ocean Street) along the arc of last said curve, through a central angle of 10 03920, a distance of 35.34 feet to the Southwest corner of land described in Deed to R. B. J. Enterprises recorded January 4, 1965 as File No. 124 of Official Records of San Diego County, California hereinafter referred to as Deed No. 1; thence North 32 °59 1 40" West (record North 32 °21 140" West per said Deed No. 1) along the Southwesterly line of said land to R. B. J. Enterprises, 315.00 feet to the Northwest corner thereof; thence North 85 °37 1 50" East (record North 86 °15'50" East per said Deed No. 1) along the Northerly line of said land to R. B. J. Enterprises, 560.04 feet to the Northeast corner thereof; thence South 19 °23 1 48" East (record South 18 °45 1 48" East per said Deed No. 1) along the Northeasterly line of said land to R. B. J. Enterprises, 50.00 feet; thence leaving the Northeasterly line of said land to R. B. J. Enterprises, South 38 °27 1 47" East 27.55 feet; thence South 10 °25 1 27" East 57.71 feet to a point on the Northeasterly line of said land to R. B. J. Enterprises, which bears along said Northeasterly line North 19 °23 1 48" West (record North 18 °45'48" West per said Deed No. 1) 31.96 feet from a point of compound curvature on the Easterly line of said Laguna Drive (vacated) as shown on sad Map No. 1782 (said point also being an angle point in the Northeasterly line of said land to R. B. J. Enterprises) thence South 19 °23'48" East (record South 18 °45 1 48" East per said Deed No. 1) along the Northeasterly line of said land to R. B. J. Enterprises, 31.96 feet to an angle point therein, said point being the beignning of a tangent curve, concave Northeasterly having a radius of 268.03 feet, said point also being a point of compound curvature in the Easterly line of said Laguna Drive (vacated) a radial through which bears South 70 °36 1 12" West (record South 71014,12 West per said Map No. 1782); thence leaving te Northeasterly line of said land to R. B. J. Enterprises, South 12 °03 1 11" East, 35.99 feet to a point on the arc of a curve, concave Southwesterly, having a radius of 65.00 feet, which is distant Northwesterly 27.30 feet, measured along the arc of said curve from the TRUE POINT OF BEGINNING herein, a radial line through said point bears North 33 °33'05" East; thence Southeasterly along the arc of last said curve, through a central angle of 24 °03'40", a distance of 27.30 feet to the TRUE POINT OF BEGINNING. EXCEPTING therefrom any portion of said land lying below the mean high tide line of the Pacific Ocean. sm/kl CALIFORNIA LANE) TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1973 SCHEDULE A POLICY NO. : 1063347 AMOUNT S19250 9 000.00 CHARGE : S29770.00 EFFECTIVE DATE: JANUARY 169 19809 AT 2:55 P.M. I. NAME OF INSURED SUN INVESTMENT COMPANY, A GENERAL PARTNERSHIP AND NATIVE SUN INVESTMENT GROUP, A LIMITED PARTNERSHIP .20 THE ESTATE OR INTEREST IN THE LAND DESCRIBED HEREIN AND WHICH IS COVERED BY THIS POLICY IS A FEE 3. THE ESTATE OR INTEREST REFERRED TO HEREIN IS AT DATE OF POLICY VESTED IN: NATIVE SUN INVESTMENT GROUP, A LIMITED PARTNERSHIP SCHEDULE B THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE, NOR AGAINST COSTS, ATTORNEY'S FEES OR EXPENSES, ANY OR ALL OF WHICH ARISE BY REASON OF THE FOLLOWING. PART I ALL MATTERS SET FORTH IN PARAGRAPHS NUMBERED 1 (ONE) TO 11 (ELEVEN) INCLUSIVE ON THE INSIDE COVER SHEET OF THIS POLICY UNDER THE HEADING OF SCHEDULE B PART I. PART II 1, GENERAL AND SPECIAL COUNTY AND CITY TAXES FOR THE FISCAL YEAR : 1979-80 SECOND INSTALLMENT : NOW PAYABLE AND WILL BE DUE, FEBRUARY It 1980 2. ANY ADVERSE CLAIM BASED UPON THE ASSERTION THAT SOME PORTION OF SAID LAND IS TIDE OR SUBMERGED LANDS, OR HAS BEEN CREATED BY ARTIFICIAL MEANS 'OR HAS ACCRETED TO SUCH PORTION SO CREATED. SAID MATTER AFFECTS,: THAT PORTION OF PARCEL I HEREIN DESCRIBED LYING SOUTHWESTERLY OF THE TOP OF THE BLUFF 1flf47 PA(F 1 a 3. COVENANTS, CONDITIONS AND RESTRICTIONS IN THE DEED EXECUTED BY : SOUTH COAST LAND COMPANY, A CORPORATION RECORDED : VARIOUS DEEDS OF RECORD RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION OR NATIONAL ORIGIN ARE DELETED. 4. COVENANTS, CONDITIONS AND RESTRICTIONS IN THE DECLARATION OF RESTRICTIONS EXECUTED BY : FIRST NATIONAL BANK OF SANTA ANA RECORDED : SEPTEMBER 109 19279 DOCUMENT NO. 52902 IN BOOK 12329 PAGE 380 OF DEEDS RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION OR NATIONAL ORIGIN ARE DELETED. SAID MATTER AFFECTS: PARCEL 1 5, AN EASEMENT PURPOSES STATED IN FAVOR OF : FOR : RECORDED AFFECTS AFFECTING THE PORTION OF SAID LAND HEREIN, AND INCIDENTAL PURPOSES SAN DIEGO GAS C ELECTRIC COMPANY. THE TRANSMISSION AND DISTRIBUTION IN BOOK 853, PAGE 312 OF DEEDS A STRIP OF LAND 2 FEET IN WIDTH 81 OF THE FOLLOWING DESCRIBED CENTER AND FOR THE A CORPORATION OF ELECTRICITY ING 1 FOOT ON EACH SIDE LINE: BEGINNING AT A POINT ON EASTERLY LINE OF THE ALLEY IN BLOCK 10 OF OCEANSIDE ADDITION TO CARLSBAD, AS PER MAP NO. 8939 WHICH POINT BEARS NORTH 32 0 54' WEST A DISTANCE OF 450.9 FEET FROM THE INTERSECTION OF SAID EASTERLY LINE OF SAID ALLEY IN SAID BLOCK 109 AND THE NORTH LINE OF PACIFIC AVENUE, IN SAID OCEANSIDE ADDITION TO CARLSBAD; THENCE NORTH 66 0 56' EAST TO THE WESTERLY RIGHT OF WAY LINE OF ATCHISON, TOPEKA AND SANTA FE RAILROAD, EXCEPTING THEREFROM THAT PORTION OCCUPIED BY GRAND VIEW PARK AVENUE, AND THE ALLEY IN BLOCK 99 OF SAID OCEANSIDE ADDITION TO CARLSBAD, ALL AS SHOWN ON SAID MAP NO. 8939 SAID MATTER AFFECTS: PARCEL 1 6. AN EASEMENT AFFECTING SAID LAND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES IN FAVOR OF : SAN DIEGO GAS C ELECTRIC COMPANY. A CORPORATION FOR : THE TRANSMISSION OF ELECTRIC CURRENT RECORDED : MARCH 3, 19259 DOCUMENT NO. 9987 IN BOOK 10709 PAGE 121 OF DEEDS SAID DEED DOES NOT CONTAIN THE LOCATION OF SAID EASEMENT. SAID MATTER AFFECTS PARCELS 2 AND 3 AND FOR THE 7. AN EASEMENT PURPOSES STATED IN FAVOR OF : FOR : RECORDED AFFECTS : AFFECTING THE PORTION OF SAID LAND HEREIN, AND INCIDENTAL PURPOSES OCEANSIDE MUTUAL WATER COMPANY, A CORPORATION WATER PIPES MAY 259 19299 DOCUMENT NO. 30713 IN BOOK 16309 PAGE 332 OF DEEDS 4S FOLLOWS: A STRIP OF LAND 5 FEET WIDE. ALONG AND CONTIGUOUS TO AND SOUTH OF THE NORTH LINE OF LOT "A", ACCORDING TO MAP OF GRANVILLE PARK NO,, 2, AND NO. 20379 AND EXTEND FROM NORTHEAST CORNER OF SAID LOT WESTERLY 870 FEET; ALSO A STRIP OF LAND OR A PARCEL OF LAND 5 FEET WIDE, ALONG AND CONTIGUOUS TO AND SOUTHWESTERLY OF THE NORTHEASTERLY LINE OF SAID LOT "A", EXTENDING FROM NORTHEAST CORNER OF SAID LOT SOUTHEASTERLY 191.51 FEET TO NORTH LINE OF LAGUNA DRIVE AS SHOWN ON SAID MAP. NOTE: BY DEED DATED SEPTEMBER 149 19719 EXECUTED BY THE CITY OF CARLSBAD AND RECORDED ON NOVEMBER 11, 1971. RECORDER'S FILE NO. 2628909 THAT PORTION OF THE EASEMENT LYING WITHIN THE NORTH 5 FEET OF LOT "A" WAS RELINQUISHED. SAID MATTER AFFECTS: PARCEL I. 8, AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : COUNTY OF SAN DIEGO FOR : FLOOD CONTROL PURPOSES RECORDED : MARCH 269 19419 DOCUMENT NO. 18129 OF OFFICIAL RECORDS AFFECTS : A STRIP OF LAND 6 FEET IN WIDTH, 3 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: fEGINNING AT A POINT ON THE EASTERLY LINE OF LOT 19 GRANVILLE PARK, ;CORDING TO MAP THEREOF NO. 17829 RECORDS OF SAN DIEGO COUNTY, DISTANT THEREON 41.56 FEET SOUTHERLY FROM THE NORTHEAST CORNER OF SAID LOT; THENCE NORTH 62 0 50' WEST 36.42 FEET TO A POINT IN THE NORTHWESTERLY LINE OF SAID LOT 19 DISTANT THEREON SOUTH 57 029' WEST, 45.27 FEET FROM THE SAID NORTHEAST CORNER OF SAID LOT, THENCE SOUTH 57 0 29' WEST, ALONG SAID NORTHWESTERLY LINE AND ITS PROLONGATION 251.73 FEET, MORE OR LESS, TO THE MEAN HIGH TIDE LINE OF THE PACIFIC OCEAN. SAID MATTER AFFECTS: PARCEL 1 9. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : SAN DIEGO GAS C ELECTRIC COMPANY, A CORPORATION FOR : POLES, WIRES AND ANCHORS RECORDED : AUGUST 129 19639 RECORDER'S FILE NO. 141573 1063347 PAGE 3 AFFECTS : AS FOLLOWS: A STRIP OF LAND 12 FEET IN WIDTH BEING 6 FEET MEASURED AT RIGHT ANGLES, ON EACH SIDE OF THE HEREIN DESCRIBED ROUTE OF SAID LINE OF POLES AND WIRES. COMMENCING AT THE MOST EASTERLY CORNER OF SAID LOT 47; THENCE NORTH 41 0 10• WEST, ALONG THE NORTHEASTERLY LINE THEREOF, 255.25 FEET; THENCE NORTH 49 0 52'45" WEST 102.90 FEET; THENCE SOUTH 66 008'15" WEST 34.50 FEET TO THE TRUE POINT OF BEGINNING OF SAID CENTER LINE OF RIGHT OF WAY; THENCE FROM SAID TRUE POINT OF BEGINNING, CONTINUING SOUTH 66 0 08 9 15" WEST TO THE WESTERLY LINE OF SAID OCEAN STREET. ALSO: BEGINNING AT SAID TRUE POINT OF BEGINNING; THENCE NORTH 15 045 0 45" WEST, 25.0 FEET. SAID MATTER AFFECTS: PARCELS 2 AND 3 10, AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : SOUTHERN COUNTIES GAS COMPANY OF CALIFORNIA, A CORPORATION FOR : THE PURPOSE OF HAVING ACCESS TO THE GAS COMPANY'S EXISTING GAS PIPE LINES AND CATHODIC PROTECTION FACILITIES LOCATED ON RAILWAY RIGHT OF WAY ADJACENT TO THE EASTERLY TERMINUS OF SAID STRIP OF LAND RECORDED : NOVEMBER 49 19639 RECORDER'S FILE NO. 197823 AFFECTS : AS FOLLOWS: THE NORTHWESTERLY 10.00 FEET OF A STRIP OF LAND 15.00 FEET WIDE, MEASURED AT RIGHT ANGLES, LYING NORTHWESTERLY OF AND ADJOINING THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT IN THE NORTHEASTERLY LINE OF LOT 41 OF SAID GRAVILLE PARK, SAID POINT BEING THE SOUTHEASTERLY TERMINUS OF A CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 25 FEET, A RADIAL OF SAID CURVE BEARS SOUTH 58 0 14 1 45" WEST FROM SAID POINT, SAID POINT ALSO BEING IN THE SOUTHWESTERLY LINE OF MOUNTAIN VIEW DRIVE AS SHOWN ON SAID MAP OF GRANVILLE PARK; THENCE NORTH 58 0 14'45" EAST ALONG THE NORTHEASTERLY. PROLONGATION OF SAID RADIAL LINE, 40.00 FEET TO A POINT IN THE NORTHEASTERLY LINE OF SAID MOUNTAIN VIEW DRIVE, SAID POINT BEING IN A CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 268.03 FEET, A RADIAL OF SAID LAST MENTIONED CURVE BEARS NORTH 58 0 14'45" EAST FROM SAID POINT; THENCE NORTHWESTERLY ALONG SAID LAST MENTIONED CURVE THROUGH A CENTRAL ANGLE OF 6 022 0 30" A DISTANCE OF 29.82 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 73.00 FEET, SAID CURVE BEING CONCENTRIC WITH THE ABOVE REFERRED TO CURVE HAVING A RADIUS OF 25.00 FEET, A RADIAL FROM POINT BEARS SOUTH 34 0 11 0 05" WEST; THENCE NORTHWESTERLY ALONG SAID NON-TANGENT CURVE, THROUGH A CENTRAL ANGLE OF 23 0 41 9 05"9 A DISTANCE OF 30.18 FEET TO THE TRUE POINT OF BEGINNING, A RADIAL FROM SAID POINT BEARS SOUTH 10 0 30 9 00" WEST; THENCE 1063347 PAGE 4 C' NORTH 17 0 08 1 00" EAST. 191.61 FEET TO A POINT IN THE SOUTHWESTERLY RIGHT OF WAY LINE OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY RIGHT OF WAY. THE SIDE LINES OF SAID 10.00 FOOT WIDE STRIP OF LAND SHALL BE PROLONGED TO TERMINATE SOUTHWESTERLY IN SAID CURVE HAVING A RADIUS OF 73000 FEET AND NORTHEASTERLY IN SAID SOUTHWESTERLY LINE OF RAILWAY RIGHT OF WAY, SAID MATTER AFFECTS: PARCELS 2 AND 3 11. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : CITY OF CARLSBAD, A MUNICIPAL CORPORATION FOR ; .A WATER SYSTEM EXCAVATION AND/OR EMBANKMENT FACILITIES RECORDED : MAY 199 19649 RECORDER'S FILE NO. 89987 AFFECTS : A STRIP OF LAND 10 FEET IN WIDTH, THE CENTER LINE OF SAID RIGHT OF WAY EASEMENT IN AFORESAID LAND IS PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE EASTERLY LINE OF MOUNTAIN VIEW DRIVE AS SHOWN ON MAP OF GRANVILLE PARK ACCORDING TO MAP THEREOF NO. 17829 SAID POINT BEING ON A CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 268.03 FEET; A RADIAL LINE THROUGH SAID POINT BEARS NORTH 58 0 14 2 45" EAST; THENCE NORTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 6 0 22'30" AN ARC DISTANCE OF 29982 FEET TO A POINT ON A NON-TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 73 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 34 0 11 0 05" EAST, THENCE WESTERLY ON THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 23 0 41'05" AN ARC DISTANCE OF 30.18 FEET TO THE TRUE POINT OF BEGINNING THENCE NORTH 17 0 08 1 00" EAST, 191.61 FEET, MORE OR LESS, TO A POINT ON THE NORTHEASTERLY LINE OF LOT "A", GRANVILLE PARK, NO. 2 9 ACCORDING TO MAP THEREOF NO. 20379 SAID POINT BEING THE TERMINUS OF SAID EASEMENT. SAID MATTER AFFECTS: PARCEL 1 12. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION FOR DRAINAGE, EXCAVATION AND/OR EMBANKMENT FACILITIES RECORDED : MAY 199 19649 RECORDER'S FILE NO. 89988 AFFECTS : A STRIP OF LAND 10 FEET IN WIDTH, THE CENTER LINE OF SAID RIGHT OF WAY OF EASEMENT IN AFORESAID LAND IS PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE EASTERLY LINE OF MOUNTAIN VIEWORIVE, AS SHOWN ON MAP OF GRANVILIE PARK ACCORDING TO MAP THEREOF NO. 1782 SAID POINT BEING ON A CURVE, CONCAVE EASTERLY HAVING A RADIUS OF 268.03 FEET A RADIAL LINE THROUGH SAID POINT BEARS NORTH 58 0 14 0 45" EAST; THENCE NORTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 6 022 0 30" AN ARC DISTANCE OF 29.82 1063347 PAGE 5 a FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE SOUTHERLY, HAVING A RADIUS OF 73 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 34 0 11 0 05" EAST; THENCE WESTERLY ON THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 31 040 9 35" AN ARC DISTANCE OF 40.36 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 17 0 08 0 00" EAST 197.87 FEET, MORE OR LESS, TO A POINT ON THE NORTHEASTERLY LINE OF LOT "A", GRANVILLE PARK NO. 2, ACCORDING TO MAP THEREOF NO. 20379 SAID POINT BEING THE TERMINUS OF SAID EASEMENT. SAID MATTER AFFECTS: PARCEL 1 13. 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 : THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY RECORDED : DECEMBER 30, 19669 RECORDER'S FILE NO. 202021 AFFECTS : AS FOLLOWS: PARCEL 1: THAT PORTION OF LOT "A" OF GRANVILLE PARK NO. 29 ACCORDING TO MAP THEREOF NO. 2037, FILED IN THE OFFICE CF COUNTY RECORDER OF SAN DIEGO COUNTY, DESCRIBED IN A DEED OCTOBER 159 1962 RECORDER'S FILE NO. 176318 OF OFFICIAL RECORDS OF SAID COUNTY OF SAN DIEGO. PARCEL 2: LOTS 14 AND 15 OF GRANVILLE PARK, ACCORDING TO MAP THEREOF NO. 17829 FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY. THE RIGHT OF WAY IN THE AFORESAID LANDS IS PARTICULARLY DESCRIBED AS FOLLOWS: WITHIN THAT CERTAIN 12900 FOOT STRIP OF LAND, BEING 6.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: COMMENCING AT THE MOST EASTERLY CORNER OF LOT 2 OF SAID GRANVILLE PARK; THENCE NORTH 32 0 31 9 00" WEST, ALONG THE NORTHEASTERLY LINE OF SAID LOT 2 9 A DISTANCE OF 52.68 FEET; THENCE LEAVING SAID NORTHEASTERLY LINE, NORTH 57 0 29 1 00" EAST, 20.00 FEET; THENCE NORTH 22 027 9 00" EAST, 250.40 FEET; THENCE SOUTH 36 00I 1 40" EAST, 183.70 FEET TO THE TRUE POINT OF BEGINNING OF THE RIGHT OF WAY HEREIN DESCRIBED, SAID TRUE POINT OF BEGINNING BEING A POINT ON THE CENTER LINE OF THAT CERTAIN RIGHT OF WAY GRANTED TO SAN DIEGO GAS £ ELECTRIC COMPANY, A CORPORATION, RECORDED JANUARY 309 1934, IN BOOK 2609 PAGE 455 OF OFFICIAL RECORDS OF SAID COUNTY OF SAN DIEGO; THENCE FROM SAID TRUE POINT OF BEGINNING, NORTH 36 001 1 40 WEST, 183.70 FEET; THENCE NORTH 31 0 11 0 50" WEST, 460 FEET, MORE OR LESS, TO THE NORTHERLY LINE OF SAID LOT W4N OF GRANVILIE PARK NO. 2. ALSO: WITHIN THAT CERTAIN 4.00 FOOT STRIP OF LAND, BEING 2.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: 1063347 PAGE 6 BEGINNING AT SAID TRUE POINT OF BEGINNING; THENCE NORTH 55 0 51'20" EAST, 15.00 FEET. - SAID MATTER AFFECTS: PARCEL I 14. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : SAN DIEGO GAS E ELECTRIC COMPANY, A CORPORATION FOR : POLES, WIRES AND ANCHORS RECORDED : OCTOBER 279 19699 RECORDER'S FILE NO. 197290 AFFECTS : A STRIP OF LAND 12.00 FEET IN WIDTH, BEING 6.00 FEET MEASURED AT RIGHT ANGLES. ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: COMMENCING AT THE MOST EASTERLY CORNER OF LOT 176 OF SAID GRANVILIE PARK NO. 2; THENCE NORTH 41 0 58 0 00" WEST ALONG THE NORTHEAST LINE OF SAID LOT 176 AND ITS NORTHWESTERLY PROLONGATION, A DISTANCE OF 783.45 FEET; THENCE LEAVING SAID NORTHWESTERLY PROLONGATION SOUTH 66 005'45" WEST, 48.36 FEET TO A POINT HEREINAFTER KNOWN AND DESIGNATED AS POINT "A"; THENCE FROM SAID POINT "A" SOUTH 4 001'45" WEST, 252.91 FEET; THENCE SOUTH 43 0 30 0 45" EAST, 176.26 FEET TO THE TRUE POINT OF BEGINNING OF OF THE CENTER LINE HEREIN DESCRIBED; THENCE FROM SAID TRUE POINT OF BEGINNING, SOUTH 11 0 31 0 45" EAST, 107.42 FEET. ALSO: BEGINNING AT SAID POINT "A"; THENCE SOUTH 67 032'42" WEST, 268.35 FEET. ALSO: BEGINNING AT SAID POINT "A"; THENCE NORTH 66 005'45" WEST, 198.67 FEET. ALSO: BEGINNING AT SAID POINT "A"; THENCE SOUTH 4 001 0 45" WEST, 252.91 FEET. ALSO: THOSE CERTAIN STRIPS OF LAND 4.00 FEET IN WIDTH, BEING 2.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINES: 1. BEGINNING AT SAID TRUE POINT OF BEGINNING; THENCE SOUTH 43 0 30 9 45" EAST, 176.26 FEET. 2. BEGINNING AT SAID POINT "A"; THENCE NORTH 4 1DO1 0 45" EAST, 30.00 FEET. SAID MATTER AFFECTS: PARCELS 2 AND 3 15. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION FOR : AS REFERRED TO IN AFFECTS BELOW RECORDED : AUGUST 189 19719 RECORDER'S FILE NO. 184385 AFFECTS : AS FOLLOWS: PARCEL 1 - EASEMENT FOR INGRESS AND EGRESS ALL THAT PORTION OF LOT "A", GRANVILLE PARK AS SHOWN ON SUBDIVISION MAP NO, 2037 IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, LYING WITHIN A I STRIP OF LAND 20 FEET IN WIDTH, THE CENTER LINE OF SAID 20 FOOT STRIP OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTER LINE OF 'PACIFIC STREET, AS SAID STREET IS SHOWN ON MAP NO. 909 OF OCEAN FRONT ADDITION, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY OF SAID SAN DIEGO COUNTY, WITH THE NORTH LINE OF 101 3 OF SECTION 19 TOWNSHIP 12 SOUTH, RANGE 5 WEST, SAN BERNARDINO MERIDIAN; THENCE SOUTH 41 0 16' EAST ALONG THE SOUTHEASTERLY PROLONGATION OF THE SAID CENTER LINE OF PACIFIC STREET 176.34 FEET; THENCE SOUTH 48 044' WEST, 109.00 FEET TO THE BEGINNING OF A 64.90 FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 88 0 17' A DISTANCE OF 100.00 FEET THENCE SOUTH 39 0 33' EAST, 440.02 FEET; THENCE NORTH 50 0 27' EAST 80.00 FEET TO THE BEGINNING OF A 50 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 900 A DISTANCE OF 78.54 FEET; THENCE SOUTH 39 0 33' EAST, 168.12 FEET TO THE BEGINNING OF A 1084.92 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 10 0 07'34 A DISTANCE OF 191.74 FEET; THENCE NONTANGENT TO SAID CURVE SOUTH 51 0 33'10" WEST. 131.85 FEET TO A POINT ON A NONTANGENT 954.92 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, THE CENTER OF SAID CURVE BEARS SOUTH 61 049 1 0I" WEST FROM SAID POINT; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 0 0 37 9 59" A DISTANCE OF 10.55 FEET; THENCE SOUTH 27 0 33' EAST, 405.57 FEET TO AN INTERSECTION WITH THE SOUTHERLY LINE OF SAID LOT 39 SECTION 19 SAID LINE ALSO BEING THE NORTHERLY LINE OF LOT "A", GRANVILLE PARK AS SHOWN ON SUBDIVISION MAP NO. 2037; SAID POINT BEING POINT "A" OF THIS DESCRIPTION, SAID POINT BEING ALSO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 38 0 48 0 57" EAST 135.92 FEET. PARCEL 2 - EASEMENT FOR DRAINAGE AND MAINTENANCE - WEIR SITE A 40 FOOT STRIP OF LAND LYING WITHIN SAID LOT "A" OF GRANVILLE PARK SUBDIVISION MAP NO. 20379 THE CENTER LINE OF SAID 40 FOOT STRIP OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT POINT "A" HEREINABOVE DESCRIBED IN PARCEL 1 OF THIS EXHIBIT; THENCE CONTINUING SOUTH 38 0 48 0 57" EAST 115.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 38 0 48 9 57" EAST 125 FEET TO THE SOUTHERLY TERMINUS OF SAID 40 FOOT STRIP OF LAND. PARCEL 3 - EASEMENT FOR DRAINAGE AND MAINTENANCE - CHANNEL AN 80 FOOT STRIP OF LAND WITHIN SAID LOT "A" OF GRANVILLE PARK SUBDIVISION MAP NO. 20379 THE CENTER LINE OF SAID 80 FOOT STRIP OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCING AT POINT "A" HEREINABOVE DESCRIBED IN PARCEL 1 OF THIS EXHIBIT; THENCE CONTINUING SOUTH 38 0 48'57" EAST 175.92 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 51 0 33 0 10" WEST TO THE MEAN HIGH TIDE LINE OF THE PACIFIC OCEAN. V lflL 0 A(V 0 ,... '•a ••• SAID EASEMENTS ARE SHOWN ON CITY OF CARLSBAD DRAWING NO. 163-6, ON FILE IN THE OFFICE OF THE CITY ENGINEER. SAID MATTER AFFECTS: PARCEL I 16. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : NANCY KEITH TENAGLIA FOR : (A) INGRESS AND EGRESS; (B) THE CONSTRUCTION, INSTALLATION, REPLACEMENT, REPAIR, MAINTENANCE AND USE OF ROADS AND STREETS; AND (C) THE CONSTRUCTION, INSTALLATION, REPAIR, MAINTENANCE AND USE OF UNDERGROUND LINES, WIRES, MAINS, PIPELINES CONDUITS, CABLES AND FACILITIES FOR UTILITY PURPOSESAND USES, INCLUDING, BUT NOT LIMITED TO SEWER, WATER, GAS, POWER. TELEPHONE AND TELEVISION PURPOSES RECORDED : NOVEMBER 119 19719 RECORDER'S FILE NO. 26281 AFFECTS : AS FOLLOWS: A 20.00 FOOT EASEMENT FOR INGRESS. EGRESS AND UTILITY PURPOSES OVER, UNDER AND ACROSS A PORTION OF LOT A, OF GRANVILLE PARK NO., 29 ACCORDING TO MAP THEREOF NO. 2037 AND A PORTION OF LOT 47 SHOWN ON THE MAP OF GRANVILLE PARK, ACCORDING TO MAP THEREOF NO. 1782 IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE 0f CALIFORNIA, THE CENTER LINE OF WHICH IS DESCRIBED AS FOLLOWS: - BEGINNING AT A POINT IN THE EASTERLY LINE OF MOUNTAIN VIEW DRIVE AS SHOWN ON SAID MAP NO. 17829 SAID POINT BEING ON A CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 268.03 FEET, A RADIAL LINE'THROUGH SAID POINT BEARS NORTH 58 0 14'45" EAST; THENCE NORTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 60 22'30" AN ARC DISTANCE OF 29.82 FEET; THENCE CONTINUING NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 6 0 36 9 58" AN ARC DISTANCE OF 30.95 FEET; THENCE NORTH 71 0 14'12" EAST 10.00 FEET TO A POINT "A" BEING THE TRUE POINT OF BEGINNING; THENCE NORTH 18 0 45'48" WEST 45.00 FEET TO THE BEGINNING OF A TANGENT 100.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE 52.36 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE, OF 3000000'T; THENCE TANGENT TO SAID CURVE, NORTH 11 0 14'12" EAST 29.04 FEET TO THE BEGINNING OF A TANGENT 100.00 FOOT RADIUS CURVE, CONCAVE WESTERLY; THENCE 100.15 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 57 022 0 56" TO A POINT OF COMPOUND CURVATURE WITH A 1542.69 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, SAID CURVE BEING PARALLEL WITH AND 10.00 FEET SOUTHWESTERLY OF THE SOUTHWESTERLY RIGHT OF WAY LINE OF THE ATCHISON, TOPEKA AND SANTA FE RAIL ROAD; THENCE ALONG THE ARC OF SAID CURVE 96.42 FEET THROUGH A CENTRAL ANGLE OF 3 034 9 52" TO AN INTERSECTION WITH THE NORTH LINE OF SAID LOT A. ALSO BEGINNING AT POINT "A", BEING THE BEGINNING OF A TANGENT 258.03 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE SOUTHERLY 29.82 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 6 037 0 I5" TO A COMPOUND 1nA67 PA(F a. CURVATURE WITH A 10.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE 15.52 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 88 0 5543M TO AN INTERSECTION WITH THE EASTERLY -,LINE OF SAID MOUNTAIN VIEW DRIVE. THE NORTHERLY EXTENSION OF THE SIDELINES OF SAID EASEMENT SHALL LENGTHEN OR SHORTEN TO MEET THE NORTHERLY LINE OF SAID LOT A. THE SOUTHERLY EXTENSION OF THE SIDELINES OF SAID EASEMENT SHALL LENGTHEN OR SHORTEN TO MEET THE EASTERLY LINE OF SAID MOUNTAIN VIEW DRIVE. SAID MATTER AFFECTS: PARCELS 19 2 AND 3 17. AN AGREEMENT PARTICULARS DATED : BY AND BETWEEN : REGARDING : RECORDED : TO WHICH REFERENCE IS HEREBY MADE FOR FULL MARCH 30, 1971 THE NATURE CONSERVANCY, A NON-PROFIT CORPORATION, THE CITY OF OCEANSIDE, A MUNICIPAL CORPORATION, THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION, NANCY KEITH TENAGLIA AND ARMY AND NAVY ACADEMY, CARLSBAD, CALIFORNIA, A NON-PROFIT CORPORATION INSTALLATION AND MAINTENANCE OF WEIR JUNE 199 19729 RECORDER'S FILE NO. 156538 SAID MATTER AFFECTS: PARCEL I 189 AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION AND THE CITY OF OCEANSIDE, A MUNICIPAL CORPORATION FOR : AS REFERRED TO IN AFFECTS BELOW RECORDED : JUNE 199 1972, RECORDER'S FILE NO. 156539 AFFECTS : AS FOLLOWS: PARCEL I EASEMENT FOR INGRESS AND EGRESS ALL THAT PORTION OF LOT "A", GRANVILLE PARK AS SHOWN ON SUBDIVISION MAP NO. 2037 IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, LYING WITHIN A STRIP OF LAND 40 FEET IN WIDTH, THE CENTER LINE OF SAID 40 FOOT STRIP OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTER LINE OF PACIFIC STREET, AS SAID STREET IS SHOWN ON MAP NO. 909 OF OCEAN FRONT ADDITION, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, WITH THE NORTH LINE OF LOT 3 OF SECTION 19 TOWNSHIP 12 SOUTH, RANGE 5 WEST, SAN BERNARDINO MERIDIAN; THENCE SOUTH 41 0 16' EAST ALONG THE SOUTHEASTERLY PROLONGATION OF THE SAID CENTER LINE OF PACIFIC STREET 176.34 FEET; THENCE SOUTH 43 0 44' WEST, 109.00 FEET TO THE BEGINNING OF A 69.40 FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL 1063347 PAGE 10 . I ANGLE OF 88 0 17' A DISTANCE OF 100.00 FEET THENCE SOUTH 39 0 33' EAST, 440.02 FEET; THENCE NORTH 50027* EAST 80.00 FEET TO THE BEGINNING OF A 50 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90 0 A DISTANCE OF 73.54 FEET; THENCE SOUTH 39 0 33' EAST, 163912 FEET TO THE BEGINNING OF A 1034.92 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 10 007 1 34" A DISTANCE OF 191.74 FEET; THENCE NON-TANGENT TO SAID CURVE SOUTH 51 0 33'10" WEST, 131.35 FEET TO A POINT ON A NONTANGENT 954.92 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, THE CENTER OF SAID CURVE BEARS 61 0 4q'Ol" WEST FROM SAID POINT; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 0 0 37*59t A DISTANCE OF 10.55 FEET; THENCE SOUTH 27 0 33' EAST, 405.57 FEET TO AN INTERSECTION WITH THE SOUTHERLY LINE OF SAID LOT 39 SECTION 19 SAID LINE ALSO BEING THE NORTHERLY LINE OF LOT "E", GRANVILLE PARK AS SHOWN ON SUBDIVISION MAP NO. 2037; SAID POINT BEING POINT "A"; OF THIS DESCRIPTION, SAID POINT BEING ALSO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 27 0 33' EAST, 133.42 FEET. PARCEL 2: EASEMENT FOR DRAINAGE AND MAINTENANCE - WIER SITE A 40 FOOT STRIP OF LAND WITHIN SAID LOT "A" OF GRANVILLE PARK SUBDIVISION MAP NO. 20379 THE CENTER LINE OF SAID 40 FOOT STRIP OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT POINT "A" HEREINABOVE DESCRIBED IN PARCEL 1 OF THIS EXHIBIT; THENCE CONTINUING SOUTH 27 033' EAST, 120 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 27 0 33' EAST, 125 FEET TO THE SOUTHERLY TERMINUS OF SAID 40 FOOT STRIP OF LAND. PARCEL 3 - EASEMENT FOR DRAINAGE AND MAINTENANCE - CHANNEL AN 80 FOOT STRIP OF LAND LYING WITHIN SAID LOT "4" OF GRANVILIE PARK SUBDIVISION MAP NO, 20379 THE CENTER LINE OF SAID 80 FOOT STRIP OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT POINT "A" HEREINABOVE DESCRIBED IN PARCEL 1 OF THIS EXHIBIT; THENCE CONTINUING SOUTH 27 0 33' EAST, 179.15 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 51 0 33 0 10" WEST TO THE MEAN HIGH TIDE LINE OF THE PACIFIC OCEAN. 19, AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED : JANUARY 169 1973 BY AND BETWEEN : ARMY E NAVY ACADEMY AND CITY OF CARLSBAD REGARDING : FUTURE IMPROVEMENT RECORDED : JANUARY 31, 19739 RECORDER'S FILE NO. 73-27460 SAID MATTER AFFECTS: PARCELS It 2 AND 3 20. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE 1063347 PAGE 11 i PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : THE CITY OF CARLSBAD FOR : PUBLIC STREET AND HIGHWAY PURPOSES RECORDED : FEBRUARY 139 19739 RECORDER'S FILE NO. 73-038726 AFFECTS : AS FOLLOWS: THAT PORTION OF LOT A OF GRANVILLE PARK NO. 29 IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2037 AS FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY JUNE 189 1927 AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF LOT 1 OF GRANVILLE PARK, MAP NO. 1782 AS FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY ON FEBRUARY 219 1924; THENCE ALONG THE NORTHWESTERLY LINE OF SAID LOT 19 SOUTH 57 029 0 00" WEST 11.94 FEET; TO A POINT IN THE ARC OF A 135.29 FOOT RADIUS CURVE, THE RADIAL CENTER OF SAID CURVE BEARS SOUTH 76 0 30 9 08" EAST FROM SAID POINT; THENCE LEAVING SAID NORTHWESTERLY LINE, NORTHEASTERLY ALONG THE ARC OF SAID CURVE 158.17 FEET THROUGH A CENTRAL ANGLE OF 66 0 59 1 08" TO A POINT OF COMPOUND CURVE HAVING A RADIUS OF 198.00 FEET; THENCE EASTERLY ALONG SAID CURVE 31.57 FEET; THROUGH A CENTRAL ANGLE OF 9008 1 11H; THENCE LEAVING SAID CURVE, SOUTH 32 021'40" EAST 9.51 FEET TO A POINT IN THE ARC OF A 190.00 FOOT RADIUS CURVE IN THE NORTHERLY LINE OF OCEAN STREET, THE RADIAL CENTER OF SAID CURVE BEARS SOUTH 1 0 08 1 20" WEST FROM SAID POINT; THENCE WESTERLY ALONG SAID CURVE AND THE NORTHERLY LINE OF OCEAN STREET 35.34 FEET, THROUGH A CENTRAL ANGLE OF 10 0 39 9 20" TO A POINT OF COMPOUND CURVE, HAVING A RADIUS OF 127.29 FEET; THENCE SOUTHWESTERLY ALONG THE. ARC OF SAID CURVE 140.22 FEET; THROUGH A CENTRAL ANGLE OF 63 007 1 00" TO THE POINT OF BEGINNING. SAID MATTER AFFECTS: PARCEL 1 21. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : THE CITY OF CARLSBAD FOR : PUBLIC RIGHT OF WAY RECORDED : FEBRUARY 139 1973, RECORDER'S FILE NO. 73-038727 AFFECTS : AS FOLLOWS: THAT PORTION OF LOT A OF GRANVILLE PARK NO. 29 IN THE CITY OF CARLSBAD IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO HAP THEREOF NO. 2037 AS FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY JUNE 189 1927 LYING SOUTHEASTERLY OF THE FOLLOWING DESCRIBED LINE. BEGINNING AT THE MOST NORTHERLY CORNER OF LOT 19 GRANVILLE PARK, MAP NO. 1782 AS FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY ON FEBRUARY 21 9 19249 SAID CORNER BEING A POINT IN THE ARC OF A 127.29 FOOT RADIUS CURVE IN THE SOUTHEASTERLY LINE OF SAID LOT At THE RADIAL LINE OF SAID POINT BEARS SOUTH 72 0 38 0 00" EAST, THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE 13.00 FEET THROUGH A CENTRAL ANGLE. OF 5 0 51 9 05" THENCE LEAVING SAID CURVE ON A RADIAL LINE WHICH BEARS NORTH 66°46'55" WEST 5.38 '1 FEET; THENCE PARALLEL TO THE SOUTHEASTERLY LINE OF SAID LOT A SOUTH 57 029 9 00" WEST 303.00 FEET MORE OR LESS TO THE MEAN HIGH TIDE LINE. SAID MATTER AFFECTS: PARCEL 1 22. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : ARMY E NAVY ACADEMY, CARLSBAD, CALIFORNIA, A CALIFORNIA CORPORATION FOR : INGRESS AND EGRESS FOR THE PURPOSE OF REPAIR AND MAINTENANCE OF EXISTING TENNIS COURT FACILITIES RECORDED : APRIL 169 19759 RECORDER'S FILE NO. 75-087331 AFFECTS : THE EASTERLY 2.00 FEET OF THE HEREIN DESCRIBED PROPERTY, SAID 2.00 FEET BEING MEASURED AT RIGHT ANGLES TO THAT COURSE DESCRIBED AS SOUTH 03 0 43 0 49" EAST 139.99 FEET. THE WESTERLY LINE OF SAID 2900 FEET SHALL BE PROLONGED SO AS TO BEGIN FROM THAT COURSE DESCRIBED AS SOUTH 15 0 17 0 29" EAST, AND SHALL BE SHORTENED SO AS TO TERMINATE IN THE EASTERLY LINE OF SAID MOUNTAIN VIEW DRIVE. SAID MATTER AFFECTS: PARCELS I AND 2 23. A DEED OF TRUST TO SECURE AN INDEBTEDNESS OF THE AMOUNT STATED HEREIN DATED JANUARY 159 1980 AMOUNT Si, 050, 000. 00 TRUSTOR NATIVE SUN INVESTMENT GROUP, A LIMITED PARTNERSHIP TRUSTEE TITLE INSURANCE AND TRUST COMPANY,A CALIFORNIA CORPORATION BENEFICIARY : SUN INVESTMENT COMPANY, A GENERAL PARTNERSHIP RECORDED : JANUARY 169 19809 RECORDER'S FILE NO. 80-017857 1063347 PAGE 13 il SCHEDULE C THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: ALL OF LOT "A" OF GRANVILLE PARK UNIT NO. 2, IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2031, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 189 1927. EXCEPTING THEREFROM THAT PORTION LYING WITHIN THE FOLLOWING DESCRIBED BOUNDARY: BEGINNING AT A POINT IN THE EASTERLY LINE OF MOUNTAIN VIEW DRIVE AS SHOWN ON GRANVILLE PARK ACCORDING TO MAP THEREOF NO. 1782 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY FEBRUARY 21, 19249 SAID POINT BEING ON A CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 268.03 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 58 0 1445" EAST; THENCE NORTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 12 0 59 0 27" AN ARC DISTANCE OF 60971 FEET; THENCE TANGENT TO THE LAST MENTIONED CURVE, NORTH 18 045'48" WEST, 165.00 FEET; THENCE SOUTH 86 0 15 0 50" WEST 560.04 FEET; THENCE SOUTH 32 0 21 9 40" EAST, 315.00 FEET TO A POINT ON THE NORTHERLY LINE OF LAGUNA DRIVE, SAID POINT BEING IN A CURVE, CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 190.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH O1°08'20". WEST; THENCE SOUTHEASTERLY ALONG THE LAST MENTIONED CURVE, THROUGH A CENTRAL ANGLE OF 04 0 31'25" AN ARC DISTANCE OF 15.00 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHERLY, HAVING A RADIUS OF 587.95 FEET; THENCE EASTERLY ALONG THE LAST MENTIONED CURVE, THROUGH A CENTRAL ANGLE OF 22 0 19 1 55" AN ARC DISTANCE OF 229916 FEET THENCE TANGENT TO THE LAST MENTIONED CURVE, NORTH 73 0 19 0 50" EAST, 25.33 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHWESTERLY HAVING A RADIUS OP 183.88 FEET; THENCE NORTHEASTERLY ALONG THE LAST MENTIONED CURVE THROUGH A CENTRAL ANGLE OF 37 0 06 1 20" AN ARC DISTANCE OF 119.08 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 65.00. FEET; THENCE EASTERLY AND SOUTHEASTERLY ALONG THE LAST MENTIONED CURVE, THROUGH A CENTRAL ANGLE OF 112 001 1 15" AN ARC DISTANCE OF 127.08 FEET TO THE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM THAT PORTION LYING NORTHERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE NORTHEASTERLY CORNER OF SAID LOT "A"; THENCE ALONG THE NORTHERLY LINE OF SAID LOT, NORTH 89 0 53 0 45" WEST 861.33 FEET TO AN INTERSECTION WITH THE CENTER LINE OF A 40.00 FOOT EASEMENT DESCRIBED IN BOOK 1696 PAGE 102 OF DEEDS; THENCE RETRACING SOUTH 89 0 53 0 45" EAST ALONG SAID NORTHERLY LINE OF LOT "A" 265.75 FEET TO THE TRUE POINT OF BEGINNING; BEING AN INTERSECTION WITH A 300.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, A RADIAL TO WHICH BEARS SOUTH 53 026 9 04" EAST; THENCE 1063347 PAGE 14 i WESTERLY ALONG THE ARC OF SAID CURVE 80.12 FEET THROUGH A CENTRAL ANGLE OF 14 0 59 9 14" TO A TANGENT POINT; THENCE TANGENT TO SAID CURVE SOUTH 5103310N WEST TO THE MEAN HIGH TIDE LINE. ALSO EXCEPTING THEREFROM THAT PORTION LYING WITHIN THE FOLLOWING DESCRIBED BOUNDARY: COMMENCING AT A POINT IN THE EASTERLY LINE OF MOUNTAIN VIEW DRIVE AS SHOWN ON SAID MAP NO. 17829 SAID POINT BEING ON A CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 268.03 FEET, A RADIAL LINE THROUGH SAID POINT BEARS. SOUTH 57 0 36'45" WEST (RECORD NORTH 58 0 14 9 45" EAST PER SAID MAP NO. 1782); THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 12 0 59 1 27" A DISTANCE OF 60.77 FEET THENCE TANGENT TO SAID CURVE NORTH 19 0 23 1 48" WEST (RECORD NORTH 18 045'48" WEST) 31.96 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 19°23 0 48" WEST (RECORD NORTH 18 045'48" WEST) 83.04 FEET; THENCE SOUTH 38 027'47" EAST 27.55 FEET; THENCE SOUTH 10 025 0 27" EAST 57.71 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 2: ALL THAT PORTION OF LOT 479 AND THAT PORTION OF LAGUNA DRIVE, ADJACENT TO SAID LOT 47 (VACATED BY RESOLUTION NO. 918 OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, RECORDED JULY 19, 19639 RECORDER'S FILE NO. 126793; RECORDS OF SAN DIEGO COUNTY, CALIFORNIA) IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 17829 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY FEBRUARY 219 1924, MORE PARTICULARLY DESCRIBED AS FOLLOWS: ON THE ATTACHED P141 - BEGINNING AT A POINT IN THE EASTERLY LINE OF MOUNTAIN VIEW DRIVE AS SHOWN ON SAID MAP NO. 17829 SAID POINT BEING ON A CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 268.01 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 57°36 0 45" WEST (RECORD - NORTH 58 0 14 1 45" EAST PER SAID MAP NO. 1782); THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 12 0 59 0 27" A DISTANCE OF 60.77 FEET; THENCE TANGENT TO LAST MENTIONED CURVE, NORTH 19 023'48" WEST (RECORD - NORTH 18 0 45 0 58" WEST), 88.96 FEET TO A POINT IN THE SOUTHEASTERLY LINE OF 101 "A" OF GRANVILLE PARK NO. 29 ACCORDING TO MAP THEREOF NO. 2037 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA (SAID POINT ALSO BEING ON THE NORTHWESTERLY LINE OF SAID PORTION OF LAGUNA DRIVE AS VACATED), SAID POINT BEING ON THE ARC OF A CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 207.16 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 62 041 0 43" WEST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE AND ALONG THE SOUTHEASTERLY LINE OF SAID LOT "A" (BEING ALSO ALONG THE NORTHWESTERLY LINE OF SAID PORTION OF LAGUNA DRIVE AS VACATED), THROUGH A CENTRAL ANGLE OF 17 0 1959", A DISTANCE OF 62.67 FEET THENCE LEAVING SAID LINE, SOUTH 15 0 17 1 29" EAST, 59.75 FEET; THENCE SOUTH 030 43 0 49" EAST, 139.99 FEET TO A POINT ON THE EASTERLY LINE OF MOUNTAIN VIEW DRIVE AS SHOWN ON SAID MAP NO. 1782 (SAID EASTERLY LINE BEING ALSO THE WESTERLY LINE OF LOT 47 OF SAID MAP NO. 1782) SAID POINT BEING ON THE ARC OF A CURVE, CONCAVE EASTERLY 1063347 PAGE 15 HAVING A RADIUS OF 268.03 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 55 0 28'29" WEST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 02 0 08'16" A DISTANCE OF 10.00 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION LYING WITHIN THE FOLLOWING DESCRIBED BOUNDARY: COMMENCING AT A. POINT IN THE EASTERLY LINE OF MOUNTAIN VIEW DRIVE AS SHOWN ON SAID MAP NO. 17829 SAID POINT BEING ON A CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 268.03 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 57 036'45" WEST (RECORD NORTH 58 0 14 1 45" EAST PER SAID MAP NO. 1782); THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 12 059 1 27" A DISTANCE OF 60.77 FEET; THENCE TANGENT TO SAID CURVE NORTH 19 023'48" WEST (RECORD NORTH 18 0 45 9 48" WEST) 31.96 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 19 0 23 9 48" WEST (RECORD NORTH 18 0 45'48" WEST) 83.04 FEET; THENCE SOUTH 38 027 0 47" EAST 27.55 FEET; THENCE SOUTH 10 0 25 9 27" EAST 57971 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 3: ALL THAT PORTION OF LAGUNA DRIVE (VACATED BY RESOLUTION NO. 918 OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, RECORDED JULY 19, 19639 RECORDER'S FILE NO. 1267939 RECORDS OF SAN DIEGO COUNTY, CALIFORNIA) IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP THEREOF NO. 17829 FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 219 1924s MORE PARTICULARLY DESCRIBED AS FOLLOWS AND AS SHOWN ON THE ATTACHED EXHIBIT "A"; BEGINNING AT A POINT IN THE EASTERLY LINE OF MOUNTAIN VIEW DRIVE AS SHOWN ON SAID MAP NO. 1782, SAID POINT BEING ON A CURVE, CONCAVE EASTERLY HAVIN A RADIUS OF 268.03 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 57 0 36 0 45" WEST (RECORD NORTH 58°14'45" EAST PER SAID MAP NO. 1782); THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 12 059'27"9 A DISTANCE OF 60.77 FEET; THENCE SOUTH 12 0 03 9 11" EAST, 35.99 FEET TO A POINT IN A 65.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, A RADIAL TO SAID POINT BEARS NORTH 33 0 33'05" EAST, SAID POINT ALSO BEING IN THE NORTHEASTERLY LINE OF MOUNTAIN VIEW DRIVE (40.00 FEET WIDE) AS SAME EXISTED ON JUNE 249 1975; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 24°03'40" A DISTANCE OF 27.30 FEET TO THE POINT OF BEGINNING. PAGE 16 t i on ttached hereto and made a A ik A A FOR NOTARY SEAL OR STAMP a t. anna a CCITt Cl Tl,fl IS 3H7 FLAIIAGAN : 1 V(.jjt •_" .ij:in(,:. hi, (.omisfr'n Exies March 4, 175 73 =03- 8727 1ECORDING REQUESTED -1'i84 -r C i ty of Carlsbad 1200 Elm Avenue Carlsbad CA 92008 CITY CLERK AND WHEN RECORDED MAIL. TO Home City of Carlsbad Street 1200 Elm Avenue Address o Carlsbad, CA 9200o City & - State L.._ ..J \.. SPACEVE THIS LINE FOR RECORDER'S USE MAIL TAX STATEMENTS TO F Nome City of Carlsbad DOCUMENTARY TRANSFER TAX $.......................................................... 1200 Elm Avenue ___COMPUTED ON FULL VALUE OF PROPERTY CONVEYED, Street Address Carlsbad ) CA 92008 ____OR COMPUTED ON FULL VALUE LESS LIENS AND ENCUMBRANCES RMAINING AT TIME OF SALE. City & City of Carlsbad Slate cincttureVDeclarcznt oyent determining tax. Firm Name (I, 1 . Grant Deed TO 405.1 CA (1.70) THIS FORM FURNISHED BY TITLE INSURANCE AND TRUST COMPANY FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, ARMY AND NAVY ACADEMY, CARLSBAD, CALIFORNIA, a California. corporation hereby GRANT(S) to the City of Carlsbad, California an easement for public right of way purposes over the following described real property in the City of Carlsbad County of San Diego State of California: I. CERTIFICATE OF ACCEPTANCE 1'785 hjs is to certify that the interest in real proper conveyed by the deed or Irant dated, Vf73 from 110 tfe City o Carlsbad, Qlifornia, a political corporation and/or governmental agency, is hereby accepted by the undersigned officer or agent on behalf of the City Council of the City of Carlsbad, California' p1uisuant to authority conferred byYResolution #1537 of the City of Ca±-2sbad adopted on July 2, 1968, and the grantee ctnsents to the recordàtiçn thereof by its du1yut rized off 7,e • ;74d MAFGA7T E. ADAMS.,City Clerk D?TED: . STATE OF CALIFORNIA 'I COUNTY OF 0n . _ Y_...±91___ before me, the UII tiers gn t'tI, a Notary I'ubIit_i n and for said County and State, personally appeared - -V.4--D-or-man- ---- - known to me to be the Assistant _Secretary of the corporation that executed the within Instrument, known to me to he the persons who executed the within Irt-trurnent o-1hehaIf of the corporation therein named, and irkr;nwlrdged to xtte/ that such corporation executed the within iritriiIrIPItt pursunt/to its hy.Iaws or a resolution of its board of directors. / / Signatu Name (Typed or Printed) Notary Public in and for said County and State 0 p. 0 to C.' C p. U to .73 C9U 6'/k CITY CLERK VLi i Iç 3- I'y..icM,IF.. I t433) SPAc THIS LINE FOR RECORDER'S USE O FE DOCUMENTARY TRANSFER TAX $........N................................................ __COMPUTED ON FULL VALUE OF PROPERTY CONVEYED, _____OR COMPUTED ON FULL VALUE LESS LIENS AND ENCUMBRANCES REMAINING AT TIME OF SALE. City of Carlsbad (~inature1pfrDecIarant oent determining tax, Firm Name C, rEC0RDING REQUESTED i'784 Cit"y of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 AND WHEN RECORDED MAIL. TO None 1 City of Carlsbad Street 1200 Elm Avenue Address Carlsbad, CA 92008 City & Stoic MAIL TAX STATEMENTS TO P Name City of Carlsbad Street 1200 Elm Avenue Address Carlsbad, CA 92008 City & State I Grant Deed I TO 405.1 CA (1.70) THIS FORM FURNISHED BY TITLE INSURANCE AND TRUST COMPANY FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, ARMY AND NAVY ACADEMY, CARLSBAD, CALIFORNIA, a California corporation hereby GRANT(S) to the City of Carlsbad, Cal ifornia an easement for public right of way purposes over the following described real property in the City of Carlsbad County of San Diego ,State of California: See Exhibit 1 IA 11 for legal description 'IL assessor's parcel no. 203-010-07 All as shown on Attachment 11A 11 attached hereto and 'made a part of. Dated January 15, 1973 STATE OF CALIFORNIA S. COUNTY OF_________________________ On --_____________________________________ before me, the under- signed, a Notary Public in and for said State, personally appeared known to me to be the person whose name subscribed to the within instrument and acknowledged that executed the same. WITNESS my hand and official seal. Signature - Name (Typed or Printed) 101 lltti,i,11 IIOL,lriI1 real) lithe Order No.. __________Esc'rou' or loan No. _____________ MAIL TAX STATEMENTS AS DIRECTED ABOVE a, AND WHEN RECORDED MAIL TO 0 O T8/-3// —11 Sun Investment Company 2333 State Street Carlsbad, CA 92008 Li_ 1063347 II SPACE ABOVE THIS LINE FOR RECORDER'S USE SHORT FORM DEED OF TRUST AND ASSIGNMENT OF RENTS (INDIVIDUAL) This Deed of Trust, made this 15th day of JANUARY TIVE SUN INVESTMENT GROUP, a limited partnership whose address is 12831 Newport Ave. Tustin CA (number and Street) (city) (state) Title Insurance and Trust Company, a California corporation, herein called TRUSTEE, 1980 , between herein called TRUSTOR, 92680 (zip) and JN INVESTMENT COMPANY, a general partnership , herein called BENEFICIARY, Witnesseth: That Trustor IRREVOCABLY GRANTS, TRANSFERS AND ASSIGNS to TRUSTEE IN TRUST, WITH POWER OF SALE, that property in the City of San Diego County, California, described as: per 3 pages attached hereto and hereby made a part hereof marked EXHIBIT (IA!I. This deed of trust is a portion of the purchases price described herein. TOGETHER WITH the rents, issues and profits thereof, SUBJECT, HOWEVER, to the right, power and authority given to and conferred upon Beneficiary by paragraph (10) of the provisions incorporated herein by reference to collect and apply such rents, issues and profits. For the Purpose of Securing: 1. Performance of each agreement of Trustor incorporated by reference or contained herein. 2. Payment of the indebtedness evidenced by one promissory note of even date herewith, and any extension or renewal thereof, in the principal sum of $l j O5Oj OOO. 0 9xecuted by Trustor in favor of Beneficiary or order. 3. Payment of such further sums as the then record owner of said property hereafter may borrow from Beneficiary, when evidenced by another note (or notes) reciting it is so secured. To Protect the Security of This Deed of Trust, Trustor Agrees: By the execution and delivery of this Deed of Trust and the note secured hereby, that provisions (I) to (14), inclusive, of the fictitious deed of trust recorded in Santa Barbara County and Sonoma County October 18, 1961, and in all other counties October 23, 1961, in the hook and at the page of Official Records in the office of the county recorder of the county where said property is located, noted below opposite the name of such county, viz.: COUNTY BOOK PAGE COUNTY BOOK PAGE COUNTY BOOK PAGE COUNTY BOOK PAGE Alameda 435 684 Kings 792 833 Placer 895 301 Sierra 29 335 Alpine 1 250 take 362 39 Plumas 151 5 Siskiyou 468 181 Aniodor 104 348 Lassen 171 471 Riverside 3005 523 Solana 1105 182 Butte 1145 1 toe Angeles 12055 899 Sacramento 4331 62 Sonoma 1851 689 Calaveras 145 152 Madera 810 170 Son Benito 271 383 Sionislaus 1715 456 Colusa 296 617 Mann 1508 339 Son Bernardino 5567 61 Sutter 572 297 Contra Costa 3978 47 Mariposa 77 292 San Francisco A332 905 Tehoma 401 289 Del Norte 78 414 Mendocino 579 530 San Joaquin 2470 311 Trinity 93 366 El Dorado 568 456 Merced 1547 538 Son Luis Obispo 1151 12 Tulare 2294 275 Fresno 4626 572 Modoc 184 851 Son Mateo 4078 420 Tuolumne 135 47 Glenn 422 184 Mono 52 429 Santa Barbara 1878 860 Ventura 2062 386 Humboldt 657 527 Monterey 2194 538 Santa Clara 5336 341 Yolo 653 245 Imperial 1091 501 Napo 639 86 Santa Crui 1431 494 Yuba 334 486 lnyo 147 598 Nevada 305 320 Shasta 684 528 Kern 3427 60 Orange 5889 611 San Diego Series 2 Book 7961, Page 183887 which provisions, identical in all counties, are printed on the re%erse hereof) hereby are adopted and incorporated herein and made a part hereof as fully as though set forth herein at length; that lie will observe and perform said provision.; and that the reference' to property. obligations, and parties in said provisions shall be construed to refer to the property. obligations, and parties set forth in this Deed of Trust. The undersigned Trustur requests that a copy of any Notice of Default and of any Notice .f sale Ii t inder be mailed to Ii' a Iii, ailcire hereini)efore set forth. STATE OF CALIFORNIA, Tfly rust) COUNbF 11 _________ } SS. TIVE S a\limi ,par ers i before me the under- ''T - signed a Notary Pblic in and for said State personally appeared BY to be the person whose name subscribed to the within &cAae1A known to me instrument and acknowledged that executed the same. WITNESS my hand and official seal. Signatti Title Order No Escrow or Loan No....— f (This area for otticial noucriat seat) 10s'.n cc.........nit £4 rwo, EXHIBIT "A" "A" THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: ALL OF LOT "A" OF GRANVILLE PARK UNIT NO. 29 IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 20379 FILED IN THE OFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 18, 1927. EXCEPTING THEREFROM THAT PORTION LYING WITHIN THE FOLLOWING DESCRIBED BOUNDARY: BEGINNING AT A POINT IN THE EASTERLY LINE OF MOUNTAIN VIEW DRIVE AS SHOWN ON GRANVILLE PARK ACCORDING TO MAP THEREOF NO. 1782 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY FEBRUARY 21, 19249 SAID POINT BEING ON A CURVE,. CONCAVE EASTERLY, HAVING A RADIUS OF 268.03 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 58 0 14 4 45" EAST; THENCE NORTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 12 0 59'27" AN ARC DISTANCE OF 60.77 FEET; THENCE TANGENT TO THE LAST MENTIONED CURVE, NORTH 18 0 45'48" WEST, 165.00 FEET; THENCE SOUTH 86 0 15 0 50" WEST 560.04 FEET; THENCE SOUTH 32 0 21 1 40" EAST, 315.00 FEET TO A POINT ON THE NORTHERLY LINE OF LAGUNA DRIVE, SAID POINT BEING IN A CURVE. CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 190.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 01 0 0820" WEST; THENCE SOUTHEASTERLY ALONG THE LAST MENTIONED CURVE, - THROUGH A CENTRAL ANGLE OF 04 0 31'25" AN ARC DISTANCE OF 15.00 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHERLY, HAVING A RADIUS OF 587.95 FEET; THENCE EASTERLY ALONG THE LAST MENTIONED CURVE, THROUGH A CENTRAL ANGLE OF 22'0 19 1 55" AN ARC DISTANCE OF 229.16 FEET THENCE TANGENT TO THE LAST MENTIONED CURVE, NORTH 73 0 19'50" EAST, 25.33 FEET TO THE BEGINNING OF A' TANGENT CURVE. CONCAVE NORTHWESTERLY HAVING A RADIUS OF 183.88 FEET; THENCE NORTHEASTERLY ALONG THE LAST MENTIONED CURVE THROUGH A CENTRAL ANGLE OF 37 0 06 1 20" AN ARC DISTANCE OF 119.08 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 65.00 FEET; THENCE EASTERLY AND SOUTHEASTERLY ALONG THE LAST MENTIONED CURVE, THROUGH A CENTRAL ANGLE OF 112 001 9 15" AN ARC DISTANCE OF 127.08 FEET TO THE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM THAT PORTION LYING NORTHERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE NORTHEASTERLY CORNER OF SAID LOT "A"; THENCE ALONG THE NORTHERLY LINE OF SAID LOT, NORTH 89 0 5345" WEST 861.33 FEET TO AN INTERSECTION WITH THE CENTER LINE OF A 40.00 FOOT EASEMENT DESCRIBED IN BOOK 1696 PAGE 102 OF DEEDS; THENCE RETRACING SOUTH 89 0 53 9 45" EAST ALONG SAID NORTHERLY LINE OF LOT "A" 265.75 FEET TO THE TRUE POINT OF BEGINNING; BEING AN INTERSECTION WITH A 300.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, A RADIAL TO WHICH BEARS SOUTH 53 0 26'04" EAST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE 80.12 FEET THROUGH A CENTRAL ANGLE OF 14 0 59 1 14" TO A TANGENT POINT; THENCE TANGENT TO SAID CURVE SOUTH 51 0 33'10" WEST TO THE MEAN HIGH TIDE LINE. 1063347 PAGE 0 O ALSO EXCEPTING THEREFROM THAT PORTION LYING WITHIN THE FOLLOWING DESCRIBED BOUNDARY: -COMMENCING AT A POINT IN THE EASTERLY LINE OF MOUNTAIN VIEW DRIVE AS SHOWN ON SAID MAP NO. 1782, SAID POINT BEING ON A CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 268.03 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 57036 0 45" WEST (RECORD NORTH 58 0 14 1 45" EAST kER SAID MAP NO. 1782); THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A.CENTRAL ANGLE OF 12 0 59 1 27" A DISTANCE OF 60.77 FEET THENCE TANGENT TO SAID CURVE NORTH 19 0 23'45" WEST (RECORD NORTH 18 045'48" WEST) 31.96 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 19 023'48" WEST (RECORD NORTH 18 0 45 1 48 WEST) 83.04 FEET; THENCE SOUTH 38°27'47" EAST 27.55 FEET; THENCE SOUTH 10 025 1 27' EAST 57.71 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 2: ALL THAT PORTION OF LOT 47, AND THAT PORTION OF LAGUNA DRIVE, ADJACENT TO SAID LOT 47 (VACATED BY RESOLUTION NO. 918 OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, RECORDED JULY 199 19639 RECORDER'S FILE NO. 126793; RECORDS OF SAN DIEGO COUNTY, CALIFORNIA) IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 17829 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY FEBRUARY 211 19241 MORE PARTICULARLY DESCRIBED AS FOLLOWS: ON THE ATTACHED PLAT BEGINNING AT A POINT -IN THE EASTERLY LINE OF MOUNTAIN VIEW DRIVE AS SHOWN ON SAID MAP NO. 17829 SAID POINT BEING ON A CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 268.01 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 57 0 36'45" WEST (RECORD - NORTH 58 0 14'45" EAST PER SAID MAP NO, 1782); THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 12 0 59 4 27- A DISTANCE OF 60.77 FEET; THENCE TANGENT TO LAST MENTIONED CURVE, NORTH 19 023 9 48" WEST (RECORD - NORTH 18 0 45 1 58" WEST), 88.96 FEET TO A POINT IN THE SOUTHEASTERLY LINE OP LOT "A" OF GRANVILLE PARK NO. 29 ACCORDING TO MAP THEREOF NO. 2037 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA ($410 POINT ALSO BEING ON THE NORTHWESTERLY LINE OF SAID PORTION OF LAGUNA DRIVE AS VACATED), SAID POINT BEING ON THE ARC OF A CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 207.16 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 62 0 41'43" WEST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE AND ALONG THE SOUTHEASTERLY LINE OF SAID LOT "A" (BEING ALSO ALONG THE NORTHWESTERLY LINE OF SAID PORTION OF LAGUNA DRIVE AS VACATED), THROUGH A CENTRAL ANGLE OF 17 0 19'59", A DISTANCE OF 62.67 FEET THENCE LEAVING SAID LINE, SOUTH 15 0 17'29" EAST, 59.75 FEET; THENCE SOUTH 03 0 43 1 49" EAST, 139.99 FEET TO A POINT ON THE EASTERLY LINE OF MOUNTAIN VIEW DRIVE AS SHOWN ON SAID MAP NO. 1782 (SAID EASTERLY LINE BEING ALSO THE WESTERLY LINE OF LOT 47 OF SAID MAP NO. 1782) SAID POINT BEING ON THE ARC OF A CURVE, CONCAVE EASTERLY HAVING A RADIUS OF 268.03 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 55 0 28 1 29" WEST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 02 0 08 0 16" A DISTANCE OF 10.00 FEET TO THE TRUE 1063347 PAGE 2 •• •.: POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION LYING WITHIN THE FOLLOWING DESCRIBED BOUNDARY: COMMENCING AT A POINT IN THE EASTERLY LINE OF MOUNTAIN VIEW DRIVE AS SHOWN ON SAID MAP NO. 17829 SAID POINT BEING ON A CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 268.03 FEET, A RADIAL LINE THROJGH SAID POINT BEARS SOUTH 57 036 1 45 WEST (RECORD NORTH 58 0 14'45' EAST PER SAID MAP NO. 1782); THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 12 0 59 4 27" A DISTANCE OF 60.77 FEET; THENCE TANGENT TO SAID CURVE NORTH 190 23'48" WEST (RECORD NORTH 18 0 45'48" WEST) 31.96 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 19 0 23 1 48" WEST. (RECORD NORTH 18 0 45'48" WEST) 83.04 FEET; THENCE SOUTH 38 0 27'47" EAST 27.55 FEET; THENCE SOUTH 10 0 25 1 27" EAST 57.71 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 3: ALL THAT PORTION OF LAGUNA DRIVE (VACATED BY RESOLUTION NO. 918 OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, RECORDED JULY19, 1963, RECORDER'S FILE NO. 126793, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA) IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP THEREOF NO. 17829 FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 21, 19249 MORE PARTICULARLY DESCRIBED AS FOLLOWS AND AS SHOWN ON THE ATTACHED EXHIBIT A" BEGINNING AT A POINT IN THE EASTERLY LINE OF MOUNTAIN VIEW DRIVE AS SHOWN ON SAID MAP NO. 1782, SAID POINT BEING ON A CURVE, CONCAVE EASTERLY HAVING A RADIUS OF 268.03 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 57 0 36'45" WEST (RECORD NORTH 58 0 14'45" EAST PER SAID MAP NO. 1782; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 12 0 59 9 27 40 9 A DISTANCE OF 60.77 FEET; THENCE SOUTH 12 0 03 1 11" EAST, 35.99 FEET TO A POINT IN A 65.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, A RADIAL TO SAID POINT BEARS NORTH 33 0 33'05" EAST, SAID POINT ALSO BEING IN THE NORTHEASTERLY LINE OF MOUNTAIN VIEW DRIVE (40.00 FEET WIDE) AS SAME EXISTED ON JUNE 249 1975; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 24 0 03 0 40 A DISTANCE OF 27.30 FEET TO THE POINT OF BEGINNING. 1063347 PAGE 3 • RECORDING REQUESTED BY I) r JHEN RECORDED MAIL TO: CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, California 92008 Space above this line for Recorder's use Documentary transfer tax: $ No fee Signature of declarant determining tax-firm name - City of Carlsbad . Parcel No. AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this do day of March 193 by and between Native Sun Investment rup (name of developer-owner) a 1imitF parfnrhip , hereinafter referred to as (Corporation, partnership, etc.) "Developer" whose address is 12831 Nwrt vnn (street) Tustin, CA 92680 and THE CITY OF (City, state, zip code) CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "City", whose address is 1200 Elm Avenue, - Carlsbad, California, 92008. WITNE S SETH: - WHEREAS, Developer is the owner of thereal property described on Exhibit "A:, attached hereto and madee -a part of this agreement, hereinafter referred to as "Property"; and WHEREAS, The Property lies within the boundaries of City; and WHEREAS, Developer proposes a development project as follows: 14 Unit Condominium Development REV 4-2-82 - on-said Property, which evelopment carries the P.ose.d name of Pointe San Ma o - and is hereafter referred to as "Development"; and WHEREAS, Developer filed on the -day of March 1983 , with the City a request for Tentative Map Extension hereinafter referred to as "Request"; and WHEREAS, the Public Facilities Element of the City General Plan requires that the City Council find that all public facilities necessary to serve a development will be available concurrent with need or such development shall not be approved (said element is on file with, the City Clerk and is incorporated by this reference); and WHEREAS, Developer and City recognize'the correctness of Council Policy No. 17 ., dated April 2, 1982, in file ..with the City Clerk and incorporated by this reference, and that the City's public facilities and services are at capacity and will not be available to accommodate the addit,ional need for public facilities and services resulting from the proposed Development; and WHEREAS, Developer has asked the City to find that public facilities and services will be available to meet the future needs of the Development as it is presently proposed; but the Developer is aware that the City cannotand will notbe able to make'any such finding without financial assistance to pay -for such services and facilities; and therefore, Developer proposes to help satisfy the General Plan as implemented by Council Policy No. 17 by payment of a public facilities fee. -2- REV 4-2-82 - ----U- U, covenants contained contained hein the parties agree aollows: 1. The Developer shall pay to the City a publLc facilities fee in an amount not to exceed 2% of the building permit valuation of the building or structures to be constructed in the Development pursuant to the Request. The fee shall be paid prior to the issuance of building or other construction permits for the development and shall be based on the valuation at that time. This fee shall be in addition to any fees, dedications or improvements required pursuant to Titles 18, 20 or 21 of the Carlsbad Municipal Code. Developer shall pay a fee for conversion o f existing building or structures into condominiums in an amount not to exceed 2% of the building permit valuation at the time of conversion. The fee for a condominium conversion shall b.e paid prior to the issuance of a condominium conversion permit as provided in Chapter 21.47 of the Carlsbad Municipal Códe. Condominium shall include community apartment or stock cooperative. The terms "other construction permits"., "other construction permit" and "entitlement for use" as used in this agreement, except in reference to mobilehome sites or projects, shall not refer to grading permits or other permits for the construction of underground or street improvements unless no other p-ermit is necessary prior to the use or occupancy for which the development is intended. Developer shall pay to City .a public facilities fee in the sum of $1,150 for each inobilehome space to be constructed pursuant to-the Request. The fee shall be paid prior to the issuance of building or other construction permits for the development. This fee shall be in addition to any fees, dedications or improvements required according to. Titles 18, 20 or 21 of the Carlsbad Municipal Code. - -3- REV 4-2-82 - - .--- - - - -- --- - ,I. . 2. The Developer may offer to donate a site or sites for public facilities in lieu of all or part of the financial obligation agreed upon in Paragraph 1 above. If Developer offers to donate a site or sites for public facilities, the City shall consider, but is not obligated to accept the offer. The time for donation and amount of credit against the fee shall be determined by City prior to the issuance of any building or other permits. Such determination,. when made, shall become a part of this agreement. Sites donated under this paragraph shall not include improvements required pursuant to Titles 18 or 20 of the Carlsbad Municipal Code. 3. This agreement and the fee paid pursuant hereto are required to ensure the consistency of the Development with the City's General Plan. 1f the fee is not paid as provided herein, the City will not have the funds to provide public facilities and services, 'and the development will not be consistent with the General Plan and any approval or permit for the -Development shall be void. No building or other construction permit or entitlement Lot use shall be issued until thepublic facilities fee required-by this agreement is paid. 4. City agrees to deposit the fees paid •pursuant to this agreement in a public facilities fund for the financing of public facilities when the City Council determines the need exists to provide the facilities and- sufficient funds from the payment of this and similar public facilities fees are available. - 5. City agrees to provide upon request reasonable assurances to enable Developer to comply with any requirements of other public agencies as evidence of adequate publiè facilities and services sufficient to accommodate the needs of the Development herein described. - —4— - U. t -U1LgdLA.U-1ib bLGLL ã.I& I tVUL Reqiests made by Develor are not approved. 7. Any notice from one party to the other shall be in writing, and shall be dated and signed by the, party giving such notice or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever unless served in one of the following manners: 7.1 If notice is given to the City of personal del'ive'ry thereof to the City or by depositing same in the United States Mail, addressed to the City at the address set forth herein, enclosed in a sealed envelope, addressed to the City for attention of the City Manager, postage prepaid and certified. .7.2 If notice is given to Developer by personal delivery thereof to Developer or by depositing the same in the United States Mail, enclosed in a sealed envelope, addressed to Developer at the address as may have been designated, postage prepaid and certified. 8. This agreement shall be binding upon and shall-inure to the benefit of, and shall apply to, the respective successors and assigns of Developer and the City, and references to Developer or City herein shall be deemed to be reference t6 and include, their respective successors and assigns without specific mention of such successors and assigns. If Developer should cease to have any interest in the - Property, all obligations of Developer hereunder shall terminate; provided, however, that any successor of Developer's 'interest in the - property shall have first assumed in writ-ing the Developer's - obligations hereunder. 9. This agreement shall be recorded but shall not create a lien .or security interest in the Property. When the obligations of this agreement have been satisfied, City shall record a release. -5- REV 4-2-82 .• IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. DEVELOPER-OWNER: Native Sun Investment CITY OF CARLSBAD, a municipal Group corporation of the State of California BY City Manager >, a 0. E 0 0 a I- C a 0 a E a Li. 0. 0 a c CD CO C,) 0 0 C,) BY STATE OF CALIFORNIA (ss. COUNTY OF Orange On_ March 30,1983 before me, the undersigned, a Notary Public in and for said State, personally appeared Michael R. Mahoney Iersonaiiy known to me (or proved to me on the basis of satis- ctory evidence) to be the person that executed the within strument as_General partner(s), I on behalf of Native Sun Investment I Group , the partnership I therein named and acknowledged to me that the partnership executed it. WITNESS my hand and official s7.. tv Signatur (This area for official notarial seal) City Attorney (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) -6- REV 4-2-82 OFFICIAL SEAL SUZANNE NINA FWCCHINL NOTARY PUBLIC . CALIFORNIA PRt4CWAL OFFICE IN ORA"GE COMW MyCCmmi5siOfl Lip. may. ILISIS • LEGAL DESCRIPTION ORDER NO. 875561-2 EXHIBIT "A" LEGAL DESCRIPTION The land referred to herein is situated in the State of California, County of San Diego, and is described as follows: PARCEL 1: All that portion of Lot 2 in Section 1, Township 12 South, Range 5 West, San Bernardino Base and Meridian, in the City of Carlsbad, in the County of San Diego, State of California, according to Official Plat thereof, lying Southwesterly of the right of way of the Atchison, Topeka and Santa Fe Railway, more particularly described as follows: leginaing at the Southwest corner of said Lot 2, said Point of Beginning being also the Northeasterly corner of Lot 4 of said Section 1 as shown on the Map of GR.ANVILLE PARK NO. 1782, Records of San Diego County; thence along the Westerly line of said Lot 2, North 0 °10' East to its intersection with the Westerly right of way line of the Atchison, Topeka and Santa Fe Railway; thence along said railway right of way, South 41 °40'40" East (Record South 41 °16' East) a distance of 353.20 feet to the beginning of a curve concave to the Northeast and having a radius of 1532.69 feet; thence along the arc of said curve through a central angle of 119'30" a distance of 35.45 feet (Record 31.73 feet) to its intersection with the Southerly line of said Lot 2; thence along said Southerly line of Lot 2, North 89 °50' West a distance of 257.04 feet (Record 256.21 feet) to the Point of Beginning. PARCEL 2: That portion of Lot 3, Section 1, Township 12 South, Range 5 West, San Bernardino Base and Meridian, in the City of Carlsbad in the County of San Diego, State of California, according to Official Plat thereof, described as follows: Beginning at the Southeast corner of said Lot 3., Section 1; thence along the East line of said Lot 3, North 0 004 130" West 417.05 feet to the Southwesterly right of way line of the Atchison, Topeka and Santa Fe Railway; thence along said line North 41'16' West to the Southeasterly boundary of Parcel Map No. 1033 filed in the Office of County Recorder of San Diego County; thence in a Southwesterly direction along said Southeasterly boundary to the Southerly line of said Lot 3; thence South 89'55'30" East along said South line to the Point of Beginning. LEGAL DESCRIPTION I ORDER NO. 875561-2 EXHIBIT "A" LEGAL DESCRIPTION PARCEL 3: That portion of Lot "A" of GRANVILLE PARK UNIT NO. 2, according to Map thereof No. 2037 and that portion of Lot 47 of CRANVILLE PARK and that portion of Laguna Drive adjacent thereto (vacated by Resolution No. 918 of the City Council of the City of Carlsbad, California recorded July 19, 1963 as File No. 126793 of Official Records of San Diego County, California) according to Map thereof No. 1782-all in the City of Carlsbad, County of San Diego, State of California and filed in the Office of the County Recorder of said County, more particularly described as follows: Beginning at a point in the Easterly line of Mountain View Drive shown on said Map No. 1782, said point being on a curve, concave Easterly, having a radius of 268.03 feet, a radial line through said point bears South 57c36t45_ West (Record South 58 °14 1 45' West per said Map No. 1782); thence Southeasterly along the arc of said curve, through a central angle of 2 °08'16", a distance of 10.00 feet; the last said course being along the Northeastely line of said Mountain View Drive and along the Southwesterly line of said Lot 47; thence leaving said Northeasterly line of Mountain View Drive, North 3 °43'49" West, 139.99 feet; thence North 15 °17'29" West, 59.75 feet to a point in the Northwesterly line of said Laguna Drive (vacated) said Northwesterly line also being the Southeasterly line of said Lot "A" said point being on a curve, concave Southeasterly, having a radius of 207.16 feet, a radial line through said point bears North 45 °21 144" West; thence Northeasterly along the arc of last said curve, and along the Northwesterly line of said Laguna Drive (vacated), through a central angle of 12 035 1 14", a distance of 45.51 feet to a point on the Southwesterly right-of-way line of the Atchison Topeka and Santa Fe Railroad (200 feet wide) as shown on said Maps No. 1782 and No. 2037, said point being on a curve, concave Northeasterly, having a radius of 1532.69 feet, a radial line through said point bears South 39 °44'30" West (Record South 40°23'15" West per said Map No. 1782); thence Northwesterly along the arc of last said curve being the Southwesterly right-of-way line of said Atchison, Topeka and Santa Fe Railroad and the Northeasterly line of said Lot "A", through a central angle of 7°09'30", a distance of 191.49 feet (Record 191.51 feet per said .Map No. 2037) to the Northeasterly corner of said Lot "A"; thence along the Northerly line of said Lot "A", South 89 0 28'00" West, a distance of 595.58 feet to a point which bears North 89 028 1 00" East along the Northerly line of said Lot "A", 265.75 feet from the intersection of said Northerly line of Lot "A" with the center line of a 40.00 foot easement as described in Book 1696 at page 102 of Deeds, said point being in the arc of a 300.00 foot radius curve, concave Northwesterly, a radial line through said point bears South 54 °04'19" East; thence Southwesterly along the arc of last said curve, through a central angle of 1459 1 14", a distance of 78.47 feet; thence tangent to last said curve South 50 °54 1 55' West to the Mean High Tide Line of the Pacific Ocean; thence Southeasterly along the Mean High Tide Line of the Pacific Ocean to the Southwesterly extension of the Southeasterly line of said Lot "A; thence North 56 °51 1 00" East along said Southwesterly extension and along the Southeasterly line of said Lot "A", 297 feet more or less to a point on the Northwesterly line of Ocean Street (formerly Laguna Drive per Map No. 2037) said point being on a curve, concave Southeasterly, having a radius of 127.29 feet, a radial line through said point E LEGAL DESCRIPTION ORDER NO. 875561-2 EXHIBIT "A" LEGAL DESCRIPTION bears North 73 °16 1 00" West; thence continuing Northeasterly along the Southeasterly line of said Lot A" (being also te Northwesterly line of said Ocean Street along the arc of last said curve, through a central angle of 630700M, a distance of 140.22 feet to the beginning of a compound curve, concave Southeasterly, having a radius of 190.00 feet; thence continuing Easterly along the Southeasterly line of said Lot "A" (being also the Northwesterly line of said Ocean Street) along the arc of last said curve, through a central angle of 10 0 39120_, a distance of 35.34 feet to the Southwest corner of land described in Deed to R. B. J. Enterprises recorded January 4, 1965 as File No. 124 of Official Records of San Diego County, California hereinafter referred to as Deed No. 1; thence North 32 °59 1 40" West (record North 32 °21 1 40" West per said Deed No. 1) along the Southwesterly line of said land to R. B. J. Enterprises, 315.00 feet to the Northwest corner thereof; thence North 85'37 1 50' East (record North 86 °15'50" East per said Deed No. 1) along the Northerly line of said land to R. B. J. Enterprises, 560.04 feet to the Northeast corner thereof; thence South 19 °23'48" East (record South 18 °45 1 48 East per said Deed No. 1) along the Northeasterly line of said land to R. B. J. Enterprises, 50.00 feet; thence leaving the Northeasterly line of said land to R. B. J. Enterprises, South 38 °27 1 47" East 27.55 feet; thence South 10025?27 East 57.71 feet to a point on the Northeasterly line of said land to R. B. J. Enterprises, which bears along said Northeasterly line North 19°23 1 45" West (record North 1845'48" West per said Deed No. 1) 31.96 feet from a point of compound curvature on the Easterly line of said Laguna Drive (vacated) as shown on sad Map No. 1782 (said point also being an angle point in the Northeasterly line of said land to R. B. J. Enterprises) thence South 19 °23'48" East (record South 18 °45'48 East per said Deed No. l) along the Northeasterly line of said land to R. B. J. Enterprises, 31.96 feet to an angle point therein, said point being the beignning of a tangent curve, concave Northeasterly having a radius of 268.03 feet, said point also being a point of compound curvature in the Easterly line of said Laguna Drive (vacated) a radial through which bears South 70 °36'12" West (record South 71014t12 West per said Map No. 1782); thence leaving te Northeasterly line of said land to R. B. J. Enterprises, South 12 003 1 11' East, 35.99 feet to a point on the arc of a curve, concave Southwesterly, having a radius of 65.00 feet, which is distant Northwesterly 27.30 feet, measured along the arc of said curve from the TRUE POINT OF BEGINNING herein, a radial line through said point bears North 33 °33'05" East; thence Southeasterly along the arc of last said curve, through a central angle of 24 °03'40", a distance of 27.30 feet to the TRUE POINT OF BEGINNING. EXCEPTING therefrom any portion of said land lying below the mean high tide line of the Pacific Ocean. sm/k 1 Atr? rcodng return to: City o f. Crl'sbad 1200 Elm Ave. Carlsbad, CA 92008 . 0 AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this 20th day Of August 19 81 , by and between Native Sun Investment Group I (name of developer-owner) a limited partnership ,hereinafter referred to as (Corporation, partnership, etc.) - "Developer", whose address is 12831 Newport Avenue (street) Tustin, California 92680 , and THE CITY OF (City, state, zip code) CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "City", whose address is 1200 Elm Avenue, Carlsbad, California ; 92008. WITNESETH: WHEREAS, Developer is the owner of the real property described on Exhibit "A", attached hereto and made a part of this agreement, hereinafter referred to as "Property"; and WHEREAS, the Property lies within the boundaries of City; and WHEREAS, Developer proposes a development project as follows: A 14 unit condominium development - 4- MAR 80 C-r-3//cP - L2 I on said Property, which development carries the proposed name of Pointe San Malo• and is hereafter referred to as "Development"; and WHEREAS, Developer filed on the 20th day of August , 19 81 , with the City a request for a Tentative Map/Condominium Permit (:f icr- i-- - (hereinafter referred to as "Request"; and WHEREAS, the Public Facilities Element of- the City General Plan requires that the City Council find that all public facilities necessary to serve a development will.be available concurrent with need or such development shall not be approved (said element is on file with the City Clerk and is incorporated by this reference; and WHEREAS, Developer and City recognize the correctness of Council Policy No. 17, dated August 29, 1979, on file with the City Clerk and Incorporated by this reference, and that the City's public facilities and services are at capacity and will not be available to'accommodate the additional need for public facilities and services resulting from the proposed Development; and WHEREAS, Developer has asked the City to find that public facilities and services will be available to meet the future needs of the Development as it is presently proposed; but the Developer is aware that the City cannot and will not be able to make any such finding without financial assistance to pay for such services and facilities; and, therefore, Developer proposes 2. I . . to help satisfy the General Plan as implemented by Council Policy No. 17-by payment of a public facilities fee. NOW, THEREFORE, in consideration of the recitals and the covenants contained herein, the, parties agree as follows: 1. The Developer shall pay to the City a public facilities fee in an amount not to exceed 2% of the building permit valuation of the buildings or structures to be constructed in the Development pursuant to the Request. The fee shall be paid prior to the issuance of building or other construction permits for the develop- ment and shall be based on the valuation at that.time. This fee shall be in addition to any fees, dedications or improvements required pursuant to Titles 18,,-20 or 21 of the Carlsbad Municipal Code. A credit toward such fee shall be given for land which has been dedicated for park purposes or for any fees paid in lieu thereof pursuant to Chapter 20.44 of the Carlsbad Municipal Code. Developer shall pay a fee for conversion of existing buildings,or structures into condominiums in an amount not to exceed 2% of the building permit valuation at the time of conversion. The fee for a condominium conversion shall be paid prior to the issuance of a condominium conversion permit as provided in Chapter 21.47 of the Carlsbad Municipal Code. Condominium shall include community apartment or stock cooperative. The terms "other construction permits",-"other construction permit" and "entitlement for use" as used in this agreement, exceptin reference to mobilehome sites or projects, shall not refer to grading permits or other permits for the construction of-underground or street improvements unless no other permit is necessary prior to the use or occupancy for which 3. 0 . the development is intended. Developer shall pay to City a public facilities fee in the sum of $1,150 for each mobilehome space to be constructed pursuant to the Request. The fee shall be paid prior to the issuance of building or other construction permits for the development.' This fee shall be in addition to any fees, dedications or improvements required according to Titles 18, 20 or 21 of the Carlsbad Municipal Code. A credit toward such fee shall be given for land which has been dedicated for park purposes or for any fees paid in lieu thereof pursuant to Chapter 20.44 of the Carlsbad Municipal Code. 2. The Developer may offer to donate a site or sites for public facilities in lieu of all or part of the financial obligation agreed upon in Paragraph 1 above. If Developer offers to donate a site or sites for public facilities, the City shall consider, but is not obligated to accept the offer. JThe time for donation and amount of credit against the fee shall be determined by City prior to the issuance of any building or other permits. Such determination, when made, shall become a part of this agree- ment. Sites donated under this paragraph shall not include improvements required pursuant to Titles 18 or 20 of the Carlsbad Municipal Code. 3. This agreement and the fee paid pursuant hereto are required to ensure the consistency of the Development with the City's General Plan. If the fee is not paid as provided herein, the City will not have the funds to provide public facilities and services, and the Development will not be consistent with the General Plan and any approval or permit for the Development shall 4. . . be void. No building or other construction permit or entitlement for use shall be Issued until the public facilities fee required by this agreement is paid. 4. City agrees to deposit the fees paid pursuant to this agreement in a public facilities fund for the financing of public facilities when the City Council determines the need exists to provide the facilities and.. sufficient funds from the payment of this and similar public facilities fees are available. 5. City agrees to provide upon request reasonable assurances to enable Developer to comply with any requirements of other public agencies as evidence of adequate public facilities and services sufficient to accommodate the needs of the Development herein described. 6. All obligations hereunder shall terminate in.. the event the Requests made by Developer are not approved. - 7. Any notice from one party to the other shall be in writing, and shall be dated and signed by the party giving such notice or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever unless served in one of the following manners: 7.1 If notice is given to the City by personal delivery thereof to the City or by depositing same in the United States Mail, addressed to the City at the address set forth herein, enclosed in a sealed envelope, addressed to theCity for attention of the City Manager, postage prepaid and certified. 7.2 If notice is.given to Developer by personal delivery thereof to Developer or by depositing the same in the United States 5. Mail, enclosed in a sealed envelope, addressed to Developer at the address as may have been designated, postage prepaid and certified. 8. This agreement shall be binding upon and shall inure to the benefit of, and shall apply to, the respective successors and assigns of Developer and the City, and references to Developer or City herein shall be deemed to be reference to and include their respective successors and assigns without specific mention of such successors and assigns. If Developer should cease to have any interest in the Property, all obligations of Developer hereunder shall terminate; provided, however, that any successor of Developer's interest in the Property shall have first assumed in writingthe Developer's obligations hereunder. 9. This agreement shall be recorded but shall not create a lien or security interest on the Property. When the obligations of this agreement have been satisfied, City iishall record a release. I/I I/I I/I It, 6 . IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. DEVELOPER-OWNER: CITY OF CARLSBAD, a municipal corporation of the State of California NativeUn Investment G o p By __ By Michael R. Mah1øney City Manager General Par tn6r (Title) By___________________________ (Title) 0 ATTEST: - ALETHA L. RAUTENKRANZ, City Clerk APPROVED AS TO FORM: VINCENT F. BIONDO, JR.., City Attorney (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) 7. EXHIBIT "A" LEGAL DESCRIPTION THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: ALL OF LOT "A" OF GRANVILLE PARK UNIT NO. 29 IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 20379 FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 181 1927. EXCEPTING THEREFROM THAT PORTION LYING WITHIN THE FOLLOWING DESCRIBED BOUNDARY: BEGINNING AT A POINT IN THE EASTERLY LINE OF MOUNTAIN VIEW DRIVE AS SHOWN ON GRANVILLE PARK ACCORDING TO MAP THEREOF NO. 1782 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY FEBRUARY 219 1924, SAID POINT BEING ON A CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 268.03 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 58 0 14 0 45" EAST; THENCE NORTHERLY ALONG SAID CURVE. THROUGH A CENTRAL ANGLE OF 12 0 59 0 27" AN ARC. DISTANCE OF 60.77 FEET; THENCE TANGENT TO THE LAST MENTIONED CURVE, NORTH 18°45'48" WEST, 165.00 FEET; THENCE SOUTH 86 0 15'50" WEST 560.04 FEET; THENCE SOUTH 32 0 21 0 40" EAST, 315.00 FEET TO A POINT ON THE NORTHERLY LINE OF LAGUNA DRIVE, SAID POINT BEING IN A CURVE, CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 190.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 01 0 08 0 20" WEST; THENCE SOUTHEASTERLY ALONG THE LAST MENTIONED CURVE. THROUGH A CENTRAL ANGLE OF 04 0 31'25" AN ARC DISTANCE OF 15.00 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHERLY, HAVING A RADIUS OF 587.95 FEET; THENCE EASTERLY ALONG THE LAST MENTIONED CURVE. THROUGH A CENTRAL ANGLE OF 22 0 19 9 55" AN ARC DISTANCE OF 229916 FEET THENCE TANGENT TO THE LAST MENTIONED CURVE, NORTH 73 0 19 0 50" EAST, 25.33 FEET TO THE BEGINNING OF A TANGENT CURVE. CONCAVE NORTHWESTERLY HAVING A RADIUS OP 183.88 FEET; THENCE NORTHEASTERLY ALONG THE LAST MENTIONED CURVE THROUGH A CENTRAL ANGLE OF 37 006 0 20" AN ARC DISTANCE OF 119.08 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 65.00 FEET; THENCE EASTERLY AND SOUTHEASTERLY ALONG THE LAST MENTIONED CURVE, THROUGH A CENTRAL ANGLE OF 112 0 01 0 15" AN ARC DISTANCE OF 127.08 FEET TO THE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM THAT PORTION LYING NORTHERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE NORTHEASTERLY CORNER OF SAID LOT "A" THENCE ALONG THE NORTHERLY LINE OF SAID LOT, NORTH 89 0 53 0 45" WEST 861.33 FEET TO AN INTERSECTION WITH THE CENTER LINE OF A 40.00 FOOT EASEMENT DESCRIBED IN BOOK 1696 PAGE 102 OF DEEDS; THENCE RETRACING SOUTH 89 0 53 0 45" EAST ALONG SAID NORTHERLY LINE OF LOT "A" 265.75 FEET TO THE TRUE POINT OF BEGINNING BEING AN INTERSECTION WITH A 300.00 FOOT RADIUS CURVES CONCAVE NORTHWESTERLY, A RADIAL TO WHICH BEARS SOUTH 53 0 26 1 04" EAST; THENCE 1063347 PAGE 14 WESTERLY ALONG THE ARC OF SAID CURVE 80.12 FEET THROUGH A CENTRAL ANGLE OF 14 0 59'14" TO A TANGENT POINT; THENCE TANGENT TO SAID CURVE SOUTH 51 033 0 10" WEST TO THE MEAN HIGH TIDE LINE. ALSO EXCEPTING THEREFROM THAT PORTION LYING WITHIN THE FOLLOWING DESCRIBED BOUNDARY: COMMENCING AT A POINT IN THE EASTERLY LINE OF MOUNTAIN VIEW DRIVE AS SHOWN ON SAID MAP NO. 17829 SAID POINT BEING ON A CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 268.03 FEET, A RADIAL LINE THROUGH SAID POINT BEARS. SOUTH 57 0 36 9 45" WEST (RECORD NORTH 58 0 14 0 45" EAST PER SAID MAP NO. 1182); THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL.ANGLE OF 12 0 59'27" A DISTANCE OF 60.77 FEET THENCE TANGENT TO SAID CURVE NORTH 19 0 23 9 48" WEST (RECORD NORTH 18 045 0 48" WEST) 31.96 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 19°23 0 48" WEST (RECORD NORTH 18 045 6 48" WEST) 83.04 FEET; THENCE SOUTH 38 0 27 9 47" EAST 27.55 FEET; THENCE SOUTH 10 0 25'27" EAST 51.71 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 2: ALL THAT PORTION OF LOT 419 AND THAT PORTION OF LAGUNA DRIVE, ADJACENT TO SAID LOT 41 (VACATED BY RESOLUTION NO. 918 OF THE CITY COUNCIL OF THE CITY! OF CARLSBAD, CALIFORNIA, RECORDED JULY 19. 19639 RECORDER'S FILE NO. 126193; RECORDS OF SAN DIEGO COUNTY, CALIFORNIA) IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO. STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 17829 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY FEBRUARY 219 19249 MORE PARTICULARLY DESCRIBED AS FOLLOWS: ON THE ATTACHED PLAT BEGINNING AT A POINT IN THE EASTERLY LINE OF MOUNTAIN VIEW DRIVE AS SHOWN ON SAID MAP NO. 17829 SAID POINT BEING ON A CURVE, CONCAVE EASTERLY. HAVING A RADIUS OF 268.01 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 57 0 36 9 45" WEST (RECORD - NORTH 58 014'45" EAST PER SAID MAP NO. 1782); THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF I2 0 59'27" A DISTANCE OF 60.77 FEET; THENCE TANGENT TO LAST MENTIONED CURVE, NORTH 19 023 0 48" WEST (RECORD - NORTH 18 0 45'58" WEST), 88.96 FEET TO A POINT IN THE SOUTHEASTERLY LINE OF LOT "A" OF GRANVILLE PARK NO. 29 ACCORDING TO MAP THEREOF NO. 2037 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA (SAID POINT ALSO BEING ON THE NORTHWESTERLY LINE OF SAID PORTION OF LAGUNA DRIVE AS VACATED). SAID POINT BEING ON THE ARC OF A CURVE. CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 207.16 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 62 041 0 43" WEST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE AND ALONG THE SOUTHEASTERLY LINE OF SAID LOT "A" (BEING ALSO ALONG THE NORTHWESTERLY LINE OF SAID PORTION OF LAGUNA DRIVE AS VACATED), THROUGH A CENTRAL ANGLE OF 170 19'59"9 A DISTANCE OF 62.61 FEET THENCE LEAVING SAID LINE. SOUTH 15 0 11'29" EAST, 59.75 FEET; THENCE SOUTH 03 0 43 0 49" EAST, 139.99 FEET TO A POINT ON THE EASTERLY LINE OF MOUNTAIN VIEW DRIVE AS SHOWN ON SAID MAP NO. 1782 (SAID EASTERLY LINE BEING ALSO THE WESTERLY LINE OF LOT 47 OF SAID MAP NO. 1782) SAID POINT BEING ON THE ARC OF A CURVE, CONCAVE EASTERLY 1063347 PAGE 15 p. .. .-... C. HAVING A RADIUS OF 268.03 FEET, A RADIAL LINE THROUGH SAID POINT. BEARS SOUTH 55 0 28 9 29" WEST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE. THROUGH A CENTRAL ANGLE OF 0200816fl A DISTANCE OF 10.00 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION LYING WITHIN THE FOLLOWING DESCRIBED BOUNDARY: COMMENCING AT A. POINT IN THE EASTERLY LINE OF MOUNTAIN VIEW DRIVE AS SHOWN ON SAID MAP NO. 1782 9 SAID POINT BEING ON A CURVE, CONCAVE EASTERLY. HAVING A RADIUS OF 268.03 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 57 036'45" WEST (RECORD NORTH 58 0 14'45" EAST PER SAID MAP NO. 1782); THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 12 0 59 9 27" A DISTANCE OF 60.77 FEET; THENCE TANGENT TO SAID CURVE NORTH 19 023 0 48" WEST (RECORD NORTH 18 045 9 48" WEST) 31.96 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 19 0 23 0 48" WEST (RECORD NORTH 18 045'48" WEST) 83.04 FEET; THENCE SOUTH 38 027 0 47" EAST 27.55 FEET; THENCE SOUTH 10 0 25 0 27" EAST 57.71 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 3: ALL THAT PORTION OF LAGUNA DRIVE (VACATED BY RESOLUTION NO. 918 OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, RECORDED JULY 199 1.9639 RECORDER'S FILE NO. 1267939 RECORDS OF SAN DIEGO COUNTY, CALIFORNIA) IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP THEREOF NO. 17829 FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 219 19249 MORE PARTICULARL DESCRIBED AS FOLLOWS AND AS SHOWN ON THE ATTACHED EXHIBIT "A"; BEGINNING AT A POINT IN THE EASTERLY LINE OF MOUNTAIN VIEW DRIVE AS SHOWN ON SAID MAP NO. 1782, SAID POINT BEING ON A CURVE, CONCAVE EASTERLY HAVIN A RADIUS OF 268.03 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 57°36'45" WEST (RECORD NORTH 58 0 14 9 45" EAST PER SAID MAP NO. 1782); THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 12 0 59 1 27 09 A DISTANCE OF 60.77 FEET; THENCE SOUTH 12 003'11" EAST, 35.99 FEET TO A POINT IN A 65.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, A RADIAL TO SAID POINT BEARS NORTH 33 0 33 0 05" EAST, SAID POINT ALSO BEING IN THE NORTHEASTERLY LINE OF MOUNTAIN VIEW DRIVE (40.00 FEET WIDE) AS SAME EXISTED ON JUNE 24, 1975; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 240 03'40" A DISTANCE OF 27.30 FEET TO THE POINT OF BEGINNING. PAGE 16 I $f1 Jta SjIèIft'1ILS k I r- • .J1ii.I#4$iS 0 RICK ENG. Dete Reved MAY 2 11980 May 19, 1980 Native Sun Investment Group do Rick Engineering Company Post Office Box 1129 Carlsbad, California 92008 Gentlemen: At its meeting of May 7, 1980, the Governing Board of this school district ratified and approved the secured agreement dated April 10, 1980 between your firm and the district that was designed to assist with the obtaining of needed school facilities. Attached is a photocopy of the signed agreement, which includes the date of ratification, regarding your proposed construction of 40 condominium units. We appreciate your interest and cooperation. Sincerely, ' A ford Robert A. Cr wford District Superintendent aw att. ROBERT A. CRAWFORD • .njT BOARD OF EDUCATION THOMAS L CURTIN, M.D. W. ALLAN KELLY JOHN J. MAMAUX Nb to RICHARD A. ONEIL. M.D. MARY A. S A SECURED AGREEMENT BETWEEN OWNER AS DEVELOPER AND CARLSBAD UNIFIED SCHOOL DISTRICT THIS SECURED AGREEMENT is entered into this 10 day of April , 1980, by and between / Native Sun Investment Group (Name of Developer) a Limited partnership (Corporation,(,f'tnership) Etc. hereinafter referred to as "Developer", whose address and phone number is 12831 Newport Avenue (Street) Tustin, California 92680 1-731-1155 (City, State, Zip Code) (Phone Number) and CARLSBAD UNIFIED SCHOOL DISTRICT of San Diego County, California, hereinafter referred to as "District", whose address is 801 Pine Avenue, Carlsbad, California 92008 W I T N E S S E T H: A. WHEREAS, Developer is the owner of the real property described on EXHIBIT "A" attached hereto and by this reference incorporated herein by reference, and hereafter referred to as "Property" /; and B. WHEREAS, the Property lies within the boundaries of District; and C. WHEREAS, Developer proposes to construct 31 a 40 unit condominium project Phase 1 = 19 units Phase 11= 21 units S O on said Property, which development carries the proposed name of Point San Malo and is hereafter referred to a "Development"; and D. WHEREAS, Developer intends to file a Tentative Map (Filed on the day of , 19 8) (Intends to file) with the County of San Diego and/or the City of Carlsbad a request for 4/ E. WHEREAS, Developer and District recognize that school facilities and services will not be available to accommodate children who may subsequently move into the proposed development; and F. WHEREAS, Developer has requested of the District assurances that school facilities and services will be available to meet the needs of the future residents of the development as it is presently proposed and the Developer is aware that the District cannot, and will not, be able to give Developer any such assurances without financial assistance to pay for such services and facilities; and G. WHEREAS, the Developer agrees to provide such financial assistance in accordance with the terms of this agreement and the District agrees to provide assurances that school facilities and services will be available to meet the needs of the future residents of the development as it is. presently proposed. NOW THEREFORE, THE PARTIES HERETO HEREBY AGREE as follows: -2- 1. The Developer shall pay to the District the sum of One Thousand, twenty-nine and no 100-------------------Dollars ($1,029) (Or whatever sum is in effect at the time building permits are issued) for each dwelling .unit to be constructed in the Development. The number of Dwelling units to -be constructed shall be determined from the approved subdivision map of the Development, as recorded in the Office of the County Recorder. The term "dwelling unit e as used in this agreement means a place of residence and may be located in either a single or multiple dwelling unit building. Such payments shall be made in accordance with the following provisions: 1.1 The total amount due hereunder shall be paid to the District in installments equal to $ 1,029 times the number of dwelling units (Or whatever sum is in effect at the time building permits are issued) for which building permits are issued until the total amount as specified in paragraph 1 above has been paid or until the agreement has been canceled by mutual consent due to the abandonment of a portion of the Development. Such installments shall be due and payable to the District concurrent with application by Developer for issuance of said building permits. 1.2 Any payments not made by the Developer when due and payable shall bear interest at the rate of seven (7) percent per annum. 2. The Owner and Developer may in the future offer to donate a school site in lieu of all or part of the financial obligation agreed upon in paragraph 1 above, which offer the District shall consider but is not obligated to accept. 3. To secure Developer's obligation hereunder, Developer shall provide to District the securities called for in subparagraph 3.1 or 3.2 or 3.3: -3- S . O 3.1 A surety bond in favor of District in a form acceptable to District from an insurer acceptable to District in the sum of $ 41,160.00 to insure Developer's performance of the terms of this agreement. 5/ 3.2 A bank or savings and loan time certificate of deposit in the amount of $___________________ in a form acceptable to District naming the District as an irrevocable assignee for the term of this agreement, and expressly providing that any interest accruing on the time certificate of deposit shall be solely the property of depositor and the District shall have no rights to any such interest. 5/ 3.3 Such other security as may be acceptable to the District. 5/ 4. District agrees to provide school facilities and services which will be available to meet the needs of the future residents of the areas to be developed as described herein. District further agrees to provide in writing for Developer, and upon his request, assurances necessary to enable Developer to comply with any requirements of public agencies as evidence of adequate school facilities and services sufficient to acconiiiodate the needs of the developments herein described. 5. All obligations hereunder shall terminate in the event 6/ The Tentative Map is not approved. and the District shall within ten (10) daysafter written notice to District by Developer, deliver to Developer necessary documents for releasing the security provided to District pursuant to paragraph 3 hereof. 6. Any notice from one party to the other shall be in writing, and -4- 1.: S shall be dated and signed by the party giving such notice or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever unless served in one of the following manners: 6.1 If notice is given to the District, by personal delivery thereof to the District or by depositing the same in the United States Mail, addressed to the District at the address set forth herein, enclosed in a sealed envelope addressed to the District for attention of the Superintendent, postage prepaid and certified. 6.2 If notice is given to Developer, by personal delivery thereof to Developer or by depositing the same in the United States Mail, enclosed in a sealed envelope addressed to Developer at the address set forth herein or at such other addresses as may have been designated, postage prepaid and certified. 6.3 If notice is given to a surety or other person, by personal delivery to such surety or other person or by depositing the same in the Unitied States Mail, enclosed in a sealed envelope addressed to such surety or person at the address at which such surety or person last communicated to the party giving notice,postage prepaid and certified. 7. This agreement shall be binding upon and shall inure to the benefit of, and shall apply to,the respective successors and assigns of Developer and the District, and references to Developer or the District herein shall. be deemed to be reference to and include their respective successors and assigns without specific mention of such sucessors and assigns. If Developer should cease to have any interest in the Property, all obligations of Developer hereunder shall terminate; provided, however, that any successor of Developer's -5- interest in the Property shall have first assumed in writing the Developer's obligations hereunder and shall have complied with paragraph 3 hereof. IN WHITNESS WHEREOF, this Agreement is executed in San Diego County, California as of the date firstwritten above. By Title DISTRICT: CARLSBAD UNIFIED SCHOO OF SAN DLO1;N1V) CALI7A— ze RATIFIED BY GOVERNING BOARD: May 7!. , 1980 :1 am S r~; F 0 0 T N 0 T E S: j/ Full information concerning the Owner and Developer should be set out here and the name of the Owner should be identical to that used by the Owner in holding title to the property. 21 The exact legal description of the property should be set forth on Exhibit "A". 3/ Insert the numberof residential buildings to be constructed and describe the kinds and number of residential units to be constructed, e.g., 100 two-bedroom single family residences; 4 apartment buildings consisting of 60 two-bedroom apartments; one mobilehome park with 200 mobilehome spaces. 4J State whether the Developer has or will apply for a rezoning and/or conditional use permit or some other permit or application. Where the property is to be rezoned, state the present zoning and the proposed zoning. Where an application number has been assigned by the County or the City, state the number. 5/ The proposed form of bond or time certificated of deposit should be submitted to the District before the Developer signs this Agreement to assure that the bond'or certificate will be in a form satisfactory to the District when later delivered. 6/ This event will probably be a denial of rezoning application. -V TORM 46.8-OAWCO PRESS 1CiNG1NEERING COMPANY NC CONSULTANTS tVIL ENGINEERS 3088 PIG P1CC DR. • SUITE 202 • CARLSBAD, CA 92008 TELEPHONE • AREA CODE 714 • 729-4987 JOB NO. LEGAL DESCRIPTION FOR: - BY NB DATE I SHEET [7630 POINT SAN MALO "PROPERTY" 2/ 1 CHKD. 4-11-80 That portion of Lot "A" of Granville Park Unit No. 2, according to map thereof No. 2037 and that portion of Lot 47 of Granville Park and that portion of Laguna Drive adjacent thereto (vacated by re- solution No. 918 of the City Council of the City of Carlsbad, Calif- ornia recorded July 19, 1963 as document No. 126793, Records of San Diego County, California) according to map thereof No. 1782-all in the City of Carlsbad, County of San Diego, State of California and filed in the office of the county recorder of said county. COMPANY DESCRIPTI TITLE CO. REFERENCE ORDER NO. DATE REVISIONS I DATE : MJNCIPAL ENGINEERS. INC. 1' CONSULTING ENGINEER SLBOI VISION PLANS 1z fENGINEERING DRAFTING BY . SEWAGE DISPOSAL WATER SYSTEMS ENGINEERING COMPUTING MOBILE HOME PARKS ENGINEER SUPERVISION Registered Civil Engineer CIVIL MUNICIPAL ENGINEERING AERIAL SURVEYING State of California Reg. No, 1534 TELEPHONE 1365 Sixth Avenue 239817I San Diego, Calif. 92101 NOVEMBER 1, 1972 REVISED JANUARY 22, 1,973 JOB NO 6+65 PROPOSED BEACH ACCESS THAT PORTION OF LOT A OF GRANVILLE PARK NO2, IN THE CITY OF CARLSBAD COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2037 AS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY JUNE 18, 1927 LYING SOUTHEASTERLY OF THE FOLLOWING DESCRIBED LINE. BEGINNING AT THE MOST NORTHERLY CORNER OF LOT 1, GRANVILLE PARK, MAP NO 1782 AS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY ON FEBRUARY 21, 192, SAID CORNER BEING A POINT IN THE ARC OF A 127.29 FOOT RADIUS CURVE IN THE SOUTHEASTERLY LINE OF SAID LOT A, THE RADIAL LINE OF SAID POINT BEARS SOUTH 72-0 3 1 00" EAST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE 13.00 FEET THROUGH A CENTRAL ANGLE OF 505105fl; THENCE LEAVING SAID CURVE ON A RADIAL LINE WHICH BEARS NORTH 6'6 0 46'55" WEST 5.38 FEET THENCE PARALLEL TO THE SOUTHEASTERLY LINE OF SAID LOT A SOUTH 57 0 29'00" WEST 303,0U FEET MORE OR LESS TO THE MEAN HIGH TIDE LINE, assessor's parcel no. 203-010-07 r p1:4 K "I •1 - II jJ I' t) t'St L • :-' 'N I 'I ii (1 1987 ( Qt N 7/ / ,y17 I p N3/c0'W e38.' K '4 ' Qj - II 4p,c2Ro)(', 07 IV C//CV • - - --.'-- -- --'