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HomeMy WebLinkAboutCT 84-38; CALAVERA HILLS VILLAGES W X AND Y; Tentative Map (CT)if PPLUCA-T ~L*H REQUEST o Zone Change 0 Minor Redevelopment Permit OGeneral Plan Arrndment 0 Precise Development Plan Tentative Tract Map OSpecific Plan 1Planried Unit Dèveloent 0 Site Development Plan OMajor Condominium Permit DConditiorial Use Permit Minor Condominium Permit OVariance OMaster Plan 0 Planning oninission Determination [JMajor Condominium Conversion 0 Special Use Permit DMaior Redevelopment Permit DPrninistrative Variance (check other boxes if appropriate) Complete Description of Project (attach additional sheets if necessary) Tentative Map for a 129 lot single family subdivision with 2 phases - (Villages W, X and Y). Housing types are detached single family with lots averaging 8,000 sq. ft. and custom type estate lots averaging - 0.5 acres. Location of Project North of El Camino Real, east of Tamarack, south of future E1m Street and City of 0c s4nd bisected by thP flit-11r C.n11cce Iilrcl Legal Description (complete) See attached. Assessors Parcel Number 168-040-18 and 168-050-27 Zone General Plan Existing Land Use PC RL Vacant Proposed Zone Proposed General Plan Site Acreage 99 Acres Oer Applicant - Name (Print or Type) Name (Print or Type) Cedric E. Sanders Calavera Hills Company Mailing Address Mailing Address 110 West C Street, Suite 1220 110 West C Street, Suite 1220 City and State Zip Telephone City and State Zip Telephone San Diego, CA 92101 (619)235-9180 San Diego, CA 92101 (61)235-9180 I CERTIFY THAT I AM THE LEGAL Oc'NER AND I CER.PlFY THAT I AM THE 0NEIV S PSEPRESEITATIVE THAT ALL THE ABOVE INFORMATION IS TRUE AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT ¶10 THE BEST OF MY KNCLEDGE. AND CORRECT ¶10 THE BEST OF MY KNOWLEDGE. SIGNATURE DATE SIG RE DATE ion Rca icve ce iptNO! rl-a te ipI tfoiTh lEE - Case Nuner -- i wk ,. 4 FORM NO. 804 REVISED 10.73 FOR USE WITH ALTA LOAN POLICY-1970 AND ALPCONSTRUCTION LOAN POLICY-t975 is WITH STREET IMPROVEMENT ASSESSMENT COVERAGE. FOR USE WITH CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY FORM-1973 SCHEDULE A—Continued The land referred to in this policy is situated in the State of California, County of SAN DIEGO, CITY OF CARLSBAD , and is described as follows: PARCEL 1: ALL THAT PORTION OF LOTS "D" AND "E" OF THE RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF BAY SHORE, UNIT NO. 2 1 -ACCORDING TO MAP THEREOF NO. 7671, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON JUNE 20, 1973, SAID PINT ALSO BEING THE NORTHEAST CORNER OF LAND SHOWN ON THE MAP OF CARLSBAD TRACT NO. 76-12, ACCORDING TO MAP THEREOF NO 9935, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON DECEMBER 16, 1980; THENCE ALONG THE BOUNDARY OF SAID LAND SHOWN ON SAID MAP NO. 9935 THE FOLLOWING COURSES SOUTH 1 DEGREE 57 MINUTES 58 SECONDS WEST, 610.73 FEET; THENCE NORTH 14 DEGREES 18 MINUTES 41 SECONDS WEST, 173.76 FEET; .THENCE SOUTH 55 DEGREES 37 MINUTES 57 SECONDS WEST, 223.84 FEET; THENCE SOUTH 6 DEGREES 48 MINUTES 26 SECONDS WEST, 453.90 FEET: THEN.CE SOUTH 23 DEGREES 20 MINUTES 54 SECONDS WEST, 177.99 FEET; THENCE SOUTH 67 DEGREES 31 MINUTES 58 SECONDS WEST, 104.70 FEET; THENCE SOUTH 6 DEGREES 54 MINUTES 14 SECONDS WEST, 213.64 FEET; THENCE SOUTH 35 DEGREES 11 MINUTES 24 SECONDS WEST, 151.63 FEET; THENCE NORTH 72 DEGREES 22 MINUTES 50 SECONDS WEST, 179.35 FEET; THENCE NORTH 59 DEGREES 48 MINUTES 28 SECONDS WEST, 131.06 FEET; THENCE NORTH 10 DEGREES 25 MINUTES 27 SECONDS WEST, 66.60 FEET; THENCE NORTH 79 DEGREES 40 MINUTES 12 SECONDS WEST, 118.90 FEET; THENCE NORTH 43 DEGREES 09 MINUTES 20 SECONDS WEST, 153.79 FEET; THENCE NORTH 81 DEGREES 24 MINUTES 45 SECONDS WEST, 96.91 FEET; THENCE SOUTH 7 DEGREES 41 MINUTES 08 SECONDS WEST, 190.89 FEET; THENCE SOUTH 8 DEGREES 22 MINUTES 30 SECONDS EAST, 203.47 FEET; THENCE SOUTH 28 DEGREES 31 MINUTES 33 SECONDS EAST, 372.41 FEET; THENCE SOUTH 13 DEGREES 32 MINUTES 45 SECONDS WEST 98.54 FEET; THENCE SOUTH 59 DEGREES 25 MINUTES 45 SECONDS WEST, 133.52 FEET; THENCE SOUTH. 15 DEGREES 39 MINUTES 32 SECONDS WEST, 167.59 FEET; THENCE LEAVING SAID BOUNDARY OF LAND SHOWN ON MAP NO. 9935 SOUTH 29 DEGREES 25 MINUTES 01 SECONDS WEST, 4,676.56 FEET, THENCE NORTH 89 DEGREES 25 MINUTES 10 SECONDS WEST, 171.23 FEET; THENCE NORTH 29 DEGREES 25 MINUTES 01 SECONDS EAST, 1,669.10 FEET; THENCE NORTH 24 DEGREES 13 MINUTES 39 SECONDS WEST, 1 1 445.24 FEET TO THE BEGINNING OF A TANGENT 1,000.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE S . NORTHWESTERLY, NORTHERLY AND NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 53 DEGREES 54 MINUTES 39 SECONDS A DISTANCE OF 940.92 FEET; THENCE LEAVING SAID CURVE SOUTH 76 DEGREES 25 MINUTES 02 SECONDS EAST, 420.51 FEET; THENCE SOUTH 58 DEGREES 08 MINUTES 02 SECONDS EAST, 435.66 FEET; THENCE SOUTH 2 DEGREES 23 MINUTES 09 SECONDS WEST, 240.21 FEET; THENCE SOUTH 44 DEGREES 21 MINUTES 23 SECONDS EAST, 647.96 FEET; THENCE NORTH 29 DEGREES 25 MINUTES 01 SECONDS EAST, 2,165.74 FEET; THENCE NORTH 28 DEGREES 31 MINUTES 33 SECONDS WEST, 166.53 FEET; THENCE NORTH 8 DEGREES 22 MINUTES 30 SECONDS 209,84 FEET; THENCE NORTH 7 DEGREES 41 MINUTES 08 SECONDS EAST, 194.03 FEET; THENCE NORTH 81 DEGREES 24 MINUTES 45 SECONDS WEST, 33.00 FEET; THENCE SOUTH 74 DEGREES 26 MINUTES 40 SECONDS WEST, 429.98 FEET; THENCE SOUTH 45 DEGREES 51 MINUTES 00 SECONDS WEST, 350.01 FEET; THENCE SOUTH 14 DEGREES 56 MINUTES 53 SECONDS WEST, 740.00 FEET; THENCE SOUTH 56 DEGREES 46 MINUTES 53 SECONDS WEST, 400.00 FEET; THENCE NORTH 73 DEGREES 43 MINUTES 07 SECONDS WEST, 200,00 FEET; THENCE NORTH 24 DEGREES 13 MINUTES 07 SECONDS WEST, 210.00 FEET; THENCE NORTH 53 DEGREES 03 MINUTES 07 SECONDS WEST, 425.00 FEET; TO THE PROPOSED CENTERLINE OF COLLEGE BOULEVARD PER IMPROVEMENT PLANS ON FILE IN THE OFFICE OF THE CITY ENGINEER OF THE CITY OF THE CITY OF CARLSBAD; THENCE ALONG SAID PROPSED CENTERLINE NORTH 36 DEGREES 56 MINUTES 53 SECONDS EAST, 909.05 FEET TO THE BEGINNING OF A TANGENT 1,000.00 FOOT RADIUS CURVE CONCAVE WESTERLY, THENCE ALONG THE ARC OF SAID CURVE NORTHEASTERLY, NORTHERLY AND NORTHWESTERLY THROUGH A CENTRAL ANGLE OF 75 DEGREES 55 MINUTES 53 SECONDS A DISTANCE OF 1,325.25 FEET; THENCE TANGENT TO SAID. CURVE AND CONTINUING ALONG SAID PROPOSED CENTERLINE NORTH 38 DEGREES 59 MINUTES 00 SECONDS WEST, 25.26 FEET TO THE NORTH BOUNDARY OF LAND SHOWN ON SAID MAP NO. 9935; THENCE LEAVING SAID PROPOSED CENTERLINE ALONG SAID NORTH BOUNDARY NORTH .89 DEGREES 19 MINUTES 35 SECONDS EAST, 2,549.27 FEET TO THE POINT OF BEGINNING. PARCEL 2: THAT PORTION OF LOTS "D" AND "J" OF THE RANCHO AGUA HEDIONDA IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE PARTITION NAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: . . BEGINNING AT A POINT IN THE NORTH BOUNDARY OF LAND SHOWN ON MAP NO. 9935, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON DECEMBER 16, 1980, SAID POINT BEARS SOUTH 89 DEGREES 19 MINUTES 35 SECONDS WEST, 2,580.39 FEET FROM THE NORTHEAST CORNER OF SAID LAND SHOWN ON MAP NO. 9935; THENCE ALONG SAID NORTH BOUNDARY NORTH 89 DEGREES 19 MINUTES 35 SECONDS EAST, 31.12 FEET; THENCE LEAVING SAID NORTH BOUNDARY SOUTH 38 DEGREES 59 MINUTES 00 SECONDS EAST, 25.26 FEET TO THE BEGINNING OF A TANGENT 1,000.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE SOUTHEASTERLY, SOUTHERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 75 DEGREES 55 MINUTES 53 SECONDS A DISTANCE OF 1,325.25 FEET; THENCE TANGENT TO SAID CURVE SOUTH 36 DEGREES 56 MINUTES 53 SECONDS WEST, 909.95 FEET; THENCE SOUTH 53 DEGREES 03 MINUTES 07 SECONDS EAST, 425.00 FEET; THENCE SOUTH 24 DEGREES 13 MINUTES 07 SECONDS EAST, 210.00 FEET; THENCE SOUTH 73 DEGREES 43 MINUTES 07 SECONDS EAST, 200.00 FEET; THENCE NORTH 56 DEGREES 46 MINUTES 53 SECONDS EAST, 400.00 FEET; THENCE NORTH 14 DEGREES 56 MINUTES 53 SECONDS EAST, 740. 00. FEET; THENCE NORTH 45 DEGREES 51 MINUTES 00 SECONDS EAST, 350.01 FEET, THENCE NORTH 74 DEGREES 26 MINUTES 40 SECONDS EAST, 429.98 FEET; THENCE SOUTH 81 DEGREES 24 MINUTES 45 SECONDS EAST, 33.00 FEET; THENCE PARALLEL .WITH AND 20.00 FEET WESTERLY, MEASURED AT RIGHT ANGLES,'-FROM THE EASTERLY BOUNDARY OF LAND SHOWN ON SAID MAP NO. 9935, SOUTH 7 DEGREES 41 MINUTES 08 SECONDS WEST, 194.03 FEET; THENCE SOUTH 8 DEGREES 22 MINUTES 30 SECONDS EAST 209.84 FEET; THENCE SOUTH 28 DEGREES 31 MINUTES 33 SECONDS EAST, 166.53 FEET; THENCE LEAVING SAID PARALLEL COURSES SOUTH 29 DEGREES 25 MINUTES 01 SECONDS WEST, 2,165.74 FEET; THENCE NORTH 44 DEGREES 21 MINUTES 23 SECONDS WEST, 647.96 FEET; THENCE NORTH 2 DEGREES 23 MINUTES 09 SECONDS EAST, 240.21 FEET; THENCE NORTH 58 DEGREES 08 MINUTES 02 SECONDS WEST, 435.66 FEET; THENCE NORTH 76 DEGREES 25 MINUTES 02 SECONDS WEST, 420.51 FEETTO THE PROPOSED CENTERLINE OF COLLEGE BOULEVARD PER IMPROVEMENT PLANS ON FILE IN THE OFFICE OF THE CITY ENGINEER OF THE CITY OF CARLSBAD, SAID POINT BEING THE BEGINNING OF A 1,000.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 60 DEGREES 19 MINUTES 01 SECONDS WEST; THENCE SOUTHERLY ALONG SAID PROPOSED CENTERLINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 13 DEGREES 32 MINUTES 52 SECONDS A DISTANCE OF 236.45 FEET TO THE PROPOSED CENTERLINE OF ELM AVENUE AS SHOWN ON SAID IMPROVEMENT PALNS, A RADIAL LINE TO SAID POINT BEARS NORTH 73 DEGREES 51 MINUTES 53 SECONDS WEST, THENCE LEAVING SAID CURVE ALONG SAID PROPOSED CENTERLINE OF ELM AVENUE AND THE PROLONGATION OF SAID RADIAL LINE NORTH 73 DEGREES 51 MINUTES 53 SECONDS WEST, 15570 FEET TO THE BEGINNING OF A TANGENT 1,000.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE NORTHWESTERLY, WESTERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTERLINE ANGLE OF 34 DEGREES 45 MINUTES 19 SECONDS, A DISTANCE OF . . 606.59 FEET; THENCE TANGENT TO SAID CURVE SOUTH 71 DEGREES 22 MINUTES 48 SECONDS WEST, 825.88 FEET TO THE BOUNDARY OF LAND DESCRIBED IN DEED TO TREETOPS UNLIMITED, RECORDED MARCH 26, 1980, AS FILE/PAGE NO. 80-102577 OFFICIAL RECORDS; THENCE LEAVING SAID PROPOSED CENTERLINE ALONG THE BOUNDARY OF SAID TREETOPS LAND THE FOLLOWING COURSES NORTH 18 DEGREES 37 MINUTES 12 SECONDS WEST, 310.00 FEET; THENCE NORTH 31 DEGREES 37 MINUTES 23 SECONDS WEST, 372.70 FEET; THENCE NORTH 1 DEGREE 04 MINUTES 50 SECONDS EAST; 105.00 FEET; THENCE NORTH 79 DEGREES 14 MINUTES 50 SECONDS EAST, 650.00 FEET; THENCE SOUTH 87 DEGREES 15 MINUTES 10 SECONDS EAST, 740.00 FEET; THENCE SOUTH 71 DEGREES 31 MINUTES 39 SECONDS EAST, 651.98 FEET TO THE AFORESAID PROPOSED CENTERLINE OF COLLEGE BOULEVARD; THENCE ALONG SAID PROPOSED CENTERLINE AND CONTINUING ALONG SAID TREETOPS BOUNDARY NORTH 29. DEGREES 40 MINUTES 59 SECONDS EAST, 420.00 FEET; THENCE LEAVING SAID PROPOSED CENTERLINE AND CONTINUING ALONG SAID TREETOPS BOUNDARY NORTH 59 DEGREES 02 MINUTES 50 SECONDS WEST, 373,81 FEET; THENCE NORTH. 80 DEGREES 35 MINUTES 00 SECONDS WEST, 1,240.00 FEET; THENCE NORTH 21 DEGREES 05 MINUTES 00 SECONDS WEST, 444.98 FEET TO THE BEGINNING OF A TANGENT 50.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE CLOCKWISE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 129 DEGREES 05 MINUTES 00 SECONDS A DISTANCE OF 112.65 FEET; THENCE TANGENT TO SAID CURVE SOUTH 72 DEGREES 00 MINUTES 00 SECONDS EAST, 88.57 FEET TO THE BEGINNING OF A TANGENT 50.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE COUNTER-CLOCKWISE ALONG THE ARC 0F SAID CURVE THROUGH A CENTRAL ANGLE OF 79 DEGREES 58 MINUTES 09 SECONDS A DISTANCE OF 69,79 FEET TO A POINT OF REVERSE CURVATURE WITH A 2 1 000.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL LINE OT SAID POINT FROM SAID 2 1 000.00 FOOT RADIUS CURVE BEARS NORTH 61 DEGREES 58 MINUTES 09 SECONDS WEST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 15 DEGREES 42 MINUTES 33 SECONDS A DISTANCE OF 548.35 FEET TO A POINT IN THE ARC OF SAID CURVE TO WHICH A RADIAL LINE BEARS NORTH 46 DEGREES 15 MINUTES 36 SECONDS WEST; THENCE LEVAING SAID CURVE NORTH 59 DEGREES 51 MINUTES 59 SECONDS EAST, 804.25 FEET (.RECORD=804.26 FEET1; THENCE NORTH 13 DEGREES 27 MINUTES 33 SECONDS WEST CRECORD=NORTH 13 DEGREES 37 MINUTES 33 SECONDS WEST), 360.00 FEET TO THE NORTH BOUNDARY OF SAID LAND SHOWN ON SAID MAP NO. 9935; THENCE LEAVING SAID TREETOPS BOUNDARY ALONG SAID NORTH BOUNDARY OF SAID MAP NO. 9935 NORTH 89 DEGREES 19 MINUTES 04 SECONDS EAST, 111.60 FEET; TO THE POINT OF BEGINNING. . . EXCEPTING FROM THE ABOVE DESCRIBED PARCEL OF LAND THAT PORTION THEREOF CONVEYED TO CARLSBAD MUNICIPAL WATER DISTRICT BY DEED RECORDED JANUARY 9 1 1967 AS DOCUMENT NO. 2637, SERIES 8, BOOK 1967, OFFICIAL RECORDS. PARCEL 3: THAT PORTION OF LOTS '1D", "E" AND "J" OF THE RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE PARTITION MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 140 OF CARLSBAD TRACT NO. 76-12, ACCORDING TO NAP THEREOF NO. 9935, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON DECEMBER 16, 1980; THENCE ALONG THE BOUNDARY OF SAID LOT 140 NORTH 1 DEGREE 42 MINUTES 41 SECONDS EAST, 610.00 FEET; THENCE CONTINUING ALONG SAID BOUNDARY NORTH 23 DEGREES 15 MINUTES 45 SECONDS WEST, 720.30 FEET TO THE BOUNDARY OF LAN]) CONVEYED TO TREETOPS UNLIMITED BY DEED RECORDED MARCH 26, 1980, AS FILE/PAGE NO. 80-102577, OFFICIAL RECORDS; THENCE ALONG THE BOUNDARY OF SAID TREETOPS LAND THE FOLLOWING COURSES SOUTH 78 DEGREES 14 MINUTES 59 SECONDS EAST, 319.91 FEET; THENCE SOUTH 48 DEGREES 43 MINUTES 39 SECONDS EAST, 335.00 FEET; THENCE NORTH 48 DEGREES 46 MINUTES 21 SECONDS EAST, 250.00 FEET; THENCE SOUTH 81 DEGREES 13 MINUTES 39 SECONDS EAST, 210.00 FEET; THENCE NORTH 8 DEGREES 46 MINUTES 21 SECONDS EAST, 980.00 FEET (RECORD=NORTH 8 DEGREES 46 MINUTES 24 SECONDS EAST, 980.08 FEET1; THENCE LEAVING SAID TREETOPS LAND SOUTH 24 DEGREES 13 MINUTES 39 SECONDS EAST, 675.24 FEET; THENCE SOUTH 29 DEGREES 25 MINUTES 01 SECONDS WEST, 1,669.10 FEET; THENCE SOUTH 89 DEGREES 25 MINUTES 10 SECONDS EAST, 171.23 FEET; THENCE NORTH 29 DEGREES 25 MINUTES 01 SECONDS EAST, 4 1 676.56 FEET; THENCE NORTH 29 DEGREES 25 MINUTES 01 SECONDS EAST, 4,676.56 FEET TO THE EAST BOUNDARY OF LAND SHOWN ON SAID MAP NO. 9935; THENCE ALONG SAID EAST BOUNDARY THE FOLLOWING COURSES SOUTH 15 DEGREES 39 MINUTES 32 SECONDS WEST, 185.19 FEET; THENCE SOUTH 57 DEGREES 49 MINUTES 13 SECONDS EAST, 56.58 FEET; THENCE SOUTH 0 DEGREES 21 MINUTES 05 SECONDS WEST, 2,179.90 FEET; THENCE NORTH 89 DEGREES 36 MINUTES 23 SECONDS WEST, 265.56 FEET; THENCE SOUTH 1 DEGREE 15 MINUTES 07 SECONDS WEST, 150.30 FEET; THENCE SOUTH 9 DEGREES 46 MINUTES 50 SECONDS WEST, 112.79 FEET; THENCE SOUTH 20 DEGREES 53 MINUTES 19 SEONDDS WEST, 126.01 FEET; THENCE SOUTH 14 DEGREES 40 MINUTES 43 SECONDS WEST, 57.10; THENCE SOUTH 7 DEGREES 13 MINUTES 27 SECONDS WEST, 135.34 FEET; THENCE SOUTH 11 DEGREES 36 MINUTES 18 SECONDS WEST, 65.24 FEET, THENCE SOUTH 14 DEGREES 41 MINUTES 25 SECONDS WEST, 159.68 FEET; THENCE SOUTH 21 DEGREES 39 MINUTES 05 SECONDS WEST, 190.34 FEET; THENCE SOUTH 13 DEGREES 43 MINUTES 35 SECONDS WEST 781.82 FEET TO THE SOUTHEAST CORNER OF SAID LAND SHOWN ON MAP NO. 9935; THENCE ALONG THE SOUTH BOUNDARY OF SAID NORTH 89 DEGREES 25 MINUTES 10 SECONDS WEST, 2,080.08 FEET TO THE POINT OF BEGINNING. . PARCEL 4: THAT PORTION OF LOTS D*l, "Ell AND "3" OF THE RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE PARTITION MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF LOT 1 OF CARLSBAD TRACT NO. 76-12 ACCORDING TO NAP THEREOF NO. 9935, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON DECEMBER16, 1980, SAID POINT BEING IN THE ARC OF A-642.00-FOOT RADIUS CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 63 DEGREES 53 MINUTES 10 SECONDS EAST; THENCE SOUTHWESTERLY ALONG THE BOUNDARY.OF SAID CARLSBAD TRACT NO. 76-12 AND THE ARC OF SAID CURVE THROUGH. A CENTRAL ANGLE OF 10 DEGREES 53 MINUTES 10 SECONDS A DISTANCE OF 121.98 FEET; THENCE TANGENT TO SAID CURVE SOUTH 37 DEGREES 00 MINUTES 00 SECONDS WEST, 702.00 FEET TO THE BEGINNING .OF A.-TANGENT 958.00-FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE CONTINUING SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 15 DEGREES 47 MINUTES 30 SECONDS A DISTANCE OF 264.00 FEET; THENCE TANGENT TO SAID CURVE SOUTH 21 DEGREES 12 MINUTES 30 SECONDS WEST, 455.73 FEET; THENCE LEAVING THE BOUNDARY OF SAID CARLSBAD TRACT NO. 76-12 NORTH 0 DEGREES 34 MINUTES 50 SECONDS EAST, 944.01 FEET; THENCE NORTH 89 DEGREES 25 MINUTES 10 SECONDS WEST, 300.00 FEET-; THENCE SOUTH 0 DEGREES 34 MINUTES 50 SECONDS WEST, 660.00 FEET TO THE BOUNDARY OF LAND SHOWN ON SAID MAP NO. 9935; THENCE ALONG THE BOUNDARY OF SAID LAND THE FOLLOWING COURSES NORTH 89 DEGREES 25 MINUTES 10 SECONDS WEST 317.25 FEET; THENCE NORTH 0 DEGREES 34 MINUTES 50 SECONDS EAST, 987,75 FEET; THENCE NORTH 24 DEGREES 22 MINUTES 57 SECONDS WEST, 1,829.13 FEET; THENCE NORTH 24 DEGREES 25 MINUTES 34 SECONDS WEST 1,805.09 FEET; THENCE NORTH 70 DEGREES 04 MINUTES 37 SECONDS EAST, 515.00 FEET; THENCE LEAVING SAID BOUNDARY SOUTH 42 DEGREES 45 MINUTES 55 SECONDS EAST, 95.64 FEET; THENCE SOUTH 43 DEGREES 00 MINUTES 00 SECONDS EAST, 380.00 FEET; THENCE SOUTH 3 DEGREES 30 MINUTES 00 SECONDS EAST, 19O.00 FEET; THENCE SOUTH 31 DEGREES 30 MINUTES 00 SECONDS EAST, 360.00 FEET; THENCE SOUTH 15 DEGREES 00 MINUTES 00 SECONDS EAST, 140.00 FEET TO THE BOUNDARY OF LAND CONVEYED TO TREETOPS UNLIMITED BY DEED RECORDED JUNE 19, 1979, AS FILE/PAGE NO. 79-252293, OFFICIAL RECORDS; THENCE ALONG SAID BOUNDARY NORTH 70 DEGREES 04 MINUTES 37 SECONDS EAST, 699.57 FEET TO THE BOUNDARY -OF LAND CONVEYED TO TREETOPS UNLIMITED BY DEED RECORDED MARCH 26, 1980 AS FILE/PAGE NO. 80-102577; THENCE ALONG SAID BOUNDARY THE FOLLOWING COURSES SOUTH 16 DEGREES 49 MINUTES 53 SECONDS EAST, 218,38 FEET; THENCE SOUTH 26 DEGREES 10 MINUTES 13 SECONDS EAST, 500.00 FEET; THENCE SOUTH 85 DEGREES I . 29 MINUTES 37 SECONDS WEST, 480.00 FEET; THENCE NORTH 39 DEGREES 00 MINUTES 23 SECONDS WST, 372.00 FEET; THENCE NORTH 13 DEGREES 46 MINUTES 34 SECONDS WEST, 176.94 FEET; THENCE LEAVING SAID TREETOPS LAND SOUTH 70 DEGREES 04 MINUTES 37 SECONDS WEST, 167.64 FEET TO THE WEST BOUNDARY OF LAND CONVEYED TO SAID TREETOPS UNLIMITED BY SAID DEED RECORDED AT FILE/PAGE NO. 80-102577; THENCE SOUTH 28 DEGREES 37 MINUTES 41 SECONDS EAST, 482.64 FEET; THENCE SOUTH 2 DEGREES 54 MINUTES 50 SECONDS WEST, 350.00 FEET; THENCE SOUTH 17 DEGREES 25 MINUTES 10 SECONDS EAST, 430.00 FEET; THENCE SOUTH 24 DEGREES 25 MINUTES 10 SECONDS EAST, 490.00 FEET; THENCE SOUTH 10 DEGREES 43 MINUTES 01 SECONDS EAST, 257.35 FEET; THENCE SOUTH 24 DEGREES 25 MINUTES 10 SECONDS EAST, 430.00 FEET; THENCE SOUTH 48 DEGREES 05 MINUTES 12 SECONDS EAST, 200.00 FEET, THENCE SOUTH 24 DEGREES 25 MINUTES 10 SECONDS EAST, 300.00 FEET; THENCE NORTH 59 DEGREES 09 MINUTES EAST, 587.00 FEET; THENCE NORTH 43 DEGREES 29 MINUTES 50 SECONDS EAST, 339.00 FEET; THENCE SOUTH 8G DEGREES 08 MINUTES 50 SECONDS EAST, 71.22 FEET TO A POINT IN THE ARC OF A 1 1 000 FOOT RADIUS CURVE CONCAVE WESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 75 DEGREES 17 MINUTES 40 SECONDS EAST; THENCE NORTHEASTERLY, NORTHERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 33 DEGREES 19 MINUTES 32 SECONDS A DISTANCE:OF 581.64 FEET; THENCE TANGENT TO SAID CURVE NORTH 18 DEGREES 37 MINUTES 12 SECONDS WEST, 273.62 FEET TO THE PROPOSED CENTERLINE OF ELM AVENUE PER THE IMPROVEMENT PLANS ON FILE IN THE OFFICE OF THE CITY ENGINEER OF THE CITY OF CARLSBAD; THENCE LEAVING THE BOUNDARY OF SAID TREETOPS UNLIMITED LAND ALONG SAID PROPOSED CENTERLINE NORTH 71 DEGREES 22 MINUTES 48 SECONDS EAST, 825.88 FEET TO THE BEGINNING OF A TANGENT 1 1 000.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE NORTHEASTERLY, EASTERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID, CURVE THROUGH A CENTRAL ANGLE OF 34 DEGREES 45 MINUTES 19 SECONDS A DISTANCE OF 606.59 FEET; THENCE TANGENT TO SAID CURVE SOUTH 73 DEGREES 51 MINUTES 53 SECONDS EAST, 155.70 FEET TO THE PROPOSED CENTERLINE OF COLLEGE BOULEVARD AS SHOWN ON SAID IMPROVEMENT PLANS, SAID POINT BEING IN THE ARC OF A 1,000.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 73 DEGREES 51 MINUTES 53 SECONDS EAST; THENCE LEAVING SAID PROPOSED CENTERLINE SOUTHWESTERLY AND SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 23 DEGREES 04 MINUTES 30 SECONDS A DISTANCE OF 402.74 FEET TO A POINT IN THE ARC OF SAID CURVE TO WHICH A RADIAL LINE BEARS SOUTH 83 DEGREES 03 MINUTES 38 SECONDS WEST, SAID POINT ALSO BEING IN THE BOUNDARY OF LAND CONVEYED TO TREETOPS UNLIMITED BY DEED RECORDED MARCH 26, 1980, AS FILE/PAGE NO. 80-102577; OFFICIAL RECORDS; THENCE LEAVING SAID CURVE ALONG THE BOUNDARY OF SAID TREETOPS LAND SOUTH 69 DEGREES 28 MINUTES 42 SECONDS WEST, 751.12 FEET; THENCE SOUTH 7 DEGREES 33 MINUTES 07 SECONDS EAST, 19.69 FEET (RECORD=SOUTH 7 DEGREES 27 MINUTES 26 SECONDS WEST, 19.77 FEET) TO THE BEGINNING OF A NON-TANGENT 680.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 70 DEGREES 30 MINUTES 40 SECONDS WEST; THENCE SOUTHEASTERLY, SOUTHERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID (_. . .. FORM NO 4,000 REVISED 10-73 CaIiIornia Land Title Association Stan -rd Coverage PoIicForm-19.3 POLICY OF TITLE INSURANCE ISSUED BY TRANSAMERICA TITLE INSURANCE COMPANY SUBJECT TO SCHEDULE B AND THE CONDITIONS AND STIPULATIONS HEREOF, TRANSAMERICA TITLE INSURANCE COMPANY, a California corporation, herein called the Company, insures the insured, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs, attorneys' fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by said insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on such title; 3. Unmarketability of such title; or 4. Any lack of the ordinary right of an abutting owner for access to at least one physically open street or.highway if the land, in fact, abuts upon one or more such streets or highways; and in addition, as to an insured lender only: 5. Invalidity of the lien of the insured mortgage upon said estate or interest except to the extent that such invalidity, or claim thereof, arises out of the transaction evidenced by the insured mortgage and is based upon a. usury, or b. any consumer credit protection or truth in lending law; 6. Priority of any lien or encumbrance over the lien of the insured mortgage, said mortgage being shown in Schedule B in the order of its priority; or 7. Invalidity of any assignment of the insured mortgage, provided such assignment is shown in Schedule B. Transamerica Title Insurance Company fly C President By ?. Secretary '.' '•.' '1''...''.'S . I' '''' .. ;.; .. FORM NO.810. REVISED I0 FOR USE WITH CLIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY M 1973 SCHEDULE A Amount of Insurance S 7,924,133.00 ChargeS 10,972.00 Date of Policy SEPTEMBER 10, 1982, AT 4:04 P.M. Order No. 1302 62287 Name of Insured: CEDRIC E. SANDERS 1. The estate or interest in the land described herein and which -is covered by this policy is a fee 2. The estate or interest referred to herein is at Date of Policy vested in: CEDRIC E. SANDERS, A MARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY. OR'M NO. 804 REVISED 10.73 OR USE WITH ALTA LOAN POLICY-1970 ANO ALTA COi.STRUCTION LOAN POLICY-1975 WITH STRT IMPROVEMENT ASSESSMENT COVERAGE. FOR USE WITH CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY FORM-1973 SCHEDULE A—Continued The land referred to in this policy is situated in the State of California, County of SAN DIEGO, CITY OF CARLSBAD , and is described as follows: PARCEL 1: ALL THAT PORTION OF LOTS "D" AND "E" OF THE RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF BAY SHORE, UNIT NO. 2 1 -ACCORDING TO NAP THEREOF NO. 7671, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON JUNE 20, 1973, SAID POINT ALSO BEING THE NORTHEAST CORNER OF LAND SHOWN ON THE MAP OF CARLSBAD TRACT NO. 76-12, ACCORDING TO MAP THEREOF NO 9935, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON DECEMBER 16, 1980; THENCE ALONG THE BOUNDARY OF SAID LAND SHOWN ON SAID-MAP NO. 9935 THE FOLLOWING COURSES SOUTH 1 DEGREE 57 MINUTES 58 SECONDS WEST, 610.73 FEET; THENCE NORTH 14 DEGREES 18 MINUTES 41 SECONDS WEST, 173.76 FEET; -THENCE SOUTH 55 DEGREES 37 MINUTES 57 SECONDS WEST, 223.84 FEET; THENCE SOUTH 6 DEGREES 48 MINUTES 26 SECONDS WEST, 453.90 FEET: THENCE SOUTH 23 DEGREES 20 MINUTES 54 SECONDS WEST, 177,99 FEET; THENCE SOUTH 67 DEGREES 31 MINUTES 58 SECONDS WEST, 104.70 FEET; THENCE SOUTH 6 DEGREES 54 MINUTES 14 SECONDS WEST, 213.64 FEET; THENCE SOUTH 35 DEGREES 11 MINUTES 24 SECONDS WEST, 151.63 FEET; THENCE NORTH 72 DEGREES 22 MINUTES 50 SECONDS WEST, 179.35 FEET; THENCE NORTH 59 DEGREES 48 MINUTES 28 SECONDS WEST, 131.06 FEET; THENCE NORTH 10 DEGREES 25 MINUTES 27 SECONDS WEST, 66.60 FEET; THENCE NORTH 79 DEGREES 40 MINUTES 12 SECONDS WEST, 118.90 FEET; THENCE NORTH 43 DEGREES 09 MINUTES 20 SECONDS WEST, 153.79 FEET; THENCE NORTH 81 DEGREES 24 MINUTES 45 SECONDS WEST, 96.91 FEET; THENCE SOUTH 7 DEGREES 41 MINUTES 08 SECONDS WEST, 190.89 FEET; THENCE SOUTH 8 DEGREES 22 MINUTES 30 SECONDS EAST, 203.47 FEET; THENCE SOUTH 28 DEGREES 31 MINUTES 33 SECONDS EAST, 372.41 FEET; THENCE SOUTH 13 DEGREES 32 MINUTES 45 SECONDS WEST 98.54 FEET; THENCE SOUTH 59 DEGREES 25 MINUTES 45 SECONDS WEST, 133.52 FEET; THENCE SOUTH 15 DEGREES 39 MINUTES 32 SECONDS WEST, 167.59 FEET; THENCE LEAVING SAID BOUNDARY OF LAND SHOWN ON MAP NO. 9935 SOUTH 29 DEGREES 25 MINUTES 01 SECONDS WEST, 4,676.56 FEET, THENCE NORTH 89 DEGREES 25 MINUTES 10 SECONDS WEST, 171.23 FEET; THENCE NORTH 29 DEGREES 25 MINUTES 01 SECONDS EAST, 1,669.10 FEET; THENCE NORTH 24 DEGREES 13 MINUTES 39 SECONDS WEST, 1,445.24 FEET TO THE BEGINNING OF A TANGENT 1 1 000.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE ... NORTHWESTERLY, NORTHERLY AND NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 53 DEGREES 54 MINUTES 39 SECONDS A DISTANCE OF 940.92 FEET; THENC-E LEAVING SAID CURVE SOUTH 76 DEGREES 25 MINUTES 02 SECONDS EAST, 420.51 FEET; THENCE SOUTH 58 DEGREES 08 MINUTES 02 SECONDS EAST, 435.66 FEET; THENCE SOUTH 2 DEGREES 23 MINUTES 09 SECONDS WEST, 240.21 FEET; THENCE SOUTH 44 DEGREES 21 MINUTES 23 SECONDS EAST, 647.96 FEET; THENCE NORTH 29 DEGREES 25 MINUTES 01 SECONDS EAST, 2,165.74 FEET; THENCE NORTH 28 DEGREES 31 MINUTES 33 SECONDS WEST, 166.53 FEET; THENCE NORTH 8 DEGREES 22 MINUTES 30 SECONDS 209.84 FEET; THENCE NORTH 7 DEGREES 41 MINUTES 08 SECONDS EAST, 194.03 FEET; THENCE NORTH 81 DEGREES 24 MINUTES 45 SECONDS WEST, 33.00 FEET; THENCE SOUTH 74 DEGREES 26 MINUTES 40 SECONDS WEST, 429.98 FEET; THENCE SOUTH 45 DEGREES 51 MINUTES 00 SECONDS WEST, 350.01 FEET; THENCE SOUTH 14 DEGREES 56 MINUTES 53 SECONDS WEST, 740.00 FEET; THENCE SOUTH 56 DEGREES 46 MINUTES 53 SECONDS WEST, 400.00 FEET; THENCE NORTH 73 DEGREES 43 MINUTES 07 SECONDS WEST, 200,00 FEET; THENCE NORTH 24 DEGREES 13 MINUTES 07 SECONDS WEST., 210.00 FEET; THENCE NORTH 53 DEGREES 03 MINUTES 07 SECONDS WEST, 425.00 FEET; TO THE PROPOSED CENTERLINE OF COLLEGE BOULEVARD PER IMPROVEMENT PLANS ON FILE IN THE OFFICE OF THE CITY ENGINEER OF THE CITY OF THE CI-TY OF CARLSBAD; THENCE ALONG SAID PROPSED CENTERLINE NORTH 36 DEGREES 56 MINUTES 53 SECONDS EAST, 909.05 FEET TO THE BEGINNING OF A TANGENT 1,000.00 FOOT RADIUS CURVE CONCAVE WESTERLY, THENCE ALONG THE ARC OF SAID CURVE NORTHEASTERLY, NORTHERLY AND NORTHWESTERLY THROUGH A CENTRAL ANGLE OF 75 DEGREES 55 MINUTES 53 SECONDS A DISTANCE OF 1,325.25 FEET; THENCE TANGENT TO SAID. CURVE AND CONTINUING ALONG SAID PROPOSED CENTERLINE NORTH 38 DEGREES 59 MINUTES 00 SECONDS WEST, 25.26 FEET TO THE NORTH BOUNDARY OF LAND SHOWN ON SAID MAP NO. 9935; THENCE LEAVING SAID PROPOSED CENTERLINE ALONG SAID NORTH BOUNDARY NORTH .89 DEGREES 19 MINUTES 35 SECONDS EAST, 2 1 549,27 FEET TO THE POINT OF BEGINNING. PARCEL 2: THAT PORTION OF LOTS "D" AND "J" OF THE RANCHO AGUA HEDIONDA IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE PARTITION MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: . 0 BEGINNING AT A POINT IN THE NORTH BOUNDARY OF LAND SHOWN ON NAP NO. 9935, FILED IN.THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON DECEMBER 16, 1980, SAID POINT BEARS SOUTH 89 DEGREES 19 MINUTES 35 SECONDS WEST, 2,580.39 FEET FROM THE NORTHEAST CORNER OF SAID LAND SHOWN ON NAP NO. 9935; THENCE ALONG SAID NORTH BOUNDARY NORTH 89 DEGREES 19 MINUTES 35 SECONDS EAST, 31.12 FEET; THENCE LEAVING SAID NORTH BOUNDARY SOUTH 38 DEGREES 59 MINUTES 00 SECONDS EAST, 25.26 FEET TO THE BEGINNING OF A TANGENT 1,000.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE SOUTHEASTERLY, SOUTHERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 75 DEGREES 55 MINUTES 53 SECONDS A DISTANCE OF 1,325.25 FEET; THENCE TANGENT TO SAID CURVE SOUTH 36 DEGREES 56 MINUTES 53 SECONDS WEST, 909.95 FEET; THENCE SOUTH 53 DEGREES 03 MINUTES 07 SECONDS EAST, 425.00 FEET; THENCE SOUTH 24 DEGREES 13 MINUTES 07 SECONDS EAST, 210.00 FEET; THENCE SOUTH 73 DEGREES 43 MINUTES 07 SECONDS EAST, 200.00 FEET; THENCE NORTH 56 DEGREES 46 MINUTES 53 SECONDS EAST, 400.00 FEET; THENCE NORTH 14 DEGREES 56 MINUTES 53 SECONDS EAST, 740.00 FEET; THENCE NORTH 45 DEGREES 51 MINUTES 00 SECONDS EAST, 350.01 FEET, THENCE NORTH 74 DEGREES 26 MINUTES ..40 SECONDS EAST, 429.98 FEET; THENCE SOUTH 81 DEGREES 24 MINUTES 45 SECONDS EAST, 33.00 FEET; THENCE PARALLEL .WITH AND 20.00 FEET WESTERLY, MEASURED AT RIGHT ANGLES,' FROM THE EASTERLY BOUNDARY OF LAND SHOWN ON SAID MAP NO. 9935, SOUTH 7 DEGREES 41 MINUTES 08 SECONDS WEST, 194.03 FEET; tHENCE SOUTH 8 DEGREES 22 MINUTES 30 SECONDS EAST 209.84 FEET; THENCE SOUTH 28 DEGREES 31 MINUTES 33 SECONDS EAST, 166.53 FEET; THENCE LEAVING SAID PARALLEL COURSES SOUTH 29 DEGREES 25 MINUTES 01 SECONDS WEST, 2,165,74 FEET; THENCE NORTH 44 DEGREES 21 MINUTES 23 SECONDS WEST, 647.96 FEET; THENCE NORTH 2 DEGREES 23 MINUTES 09 SECONDS EAST, 240.21 FEET; THENCE NORTH 58 DEGREES 08 MINUTES 02 SECONDS WEST, 435.66 FEET; THENCE NORTH 76 DEGREES 25 MINUTES 02 SECONDS WEST, 420.51 FEET;TO THE PROPOSED CENTERLINE OF COLLEGE BOULEVARD PER IMPROVEMENT PLANS ON FILE IN THE OFFICE OF THE CITY ENGINEER OF THE CITY OF CARLSBAD, SAID POINT BEING THE BEGINNING OF A 1,000.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 60 DEGREES 19 MINUTES 01 SECONDS WEST; THENCE SOUTHERLY ALONG SAID PROPOSED CENTERLINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 13 DEGREES 32 MINUTES 52 SECONDS A DISTANCE OF 236.45 FEET TO THE PROPOSED CENTERLINE OF ELM AVENUE AS SHOWN ON SAID IMPROVEMENT PALNS, A RADIAL LINE TO SAID POINT BEARS NORTH 73 DEGREES 51 MINUTES 53 SECONDS WEST, THENCE LEAVING SAID CURVE ALONG SAID PROPOSED CENTERLINE OF ELM AVENUE AND THE PROLONGATION OF SAID RADIAL LINE NORTH 73 DEGREES 51 MINUTES 53 SECONDS WEST, 155.70 FEET TO THE BEGINNING OF A TANGENT 1 1 000.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY THENCE NORTHWESTERLY, WESTERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTERLINE ANGLE OF 34 DEGREES 45 MINUTES 19 SECONDS, A DISTANCE OF . I... 606.59 FEET; THENCE TANGENT TO SAID CURVE SOUTH 71 DEGREES 22 MINUTES 48 SECONDS WEST, 825.88 FEET TO THE BOUNDARY OF LAND DESCRIBED IN DEED TO TREETOPS UNLIMITED, RECORDED MARCH 26, 1980, AS FILE/PAGE NO. 80-102577 OFFICIAL RECORDS; THENCE LEAVING SAID PROPOSED CENTERLINE ALONG THE BOUNDARY OF SAID TREETOPS LAND THE FOLLOWING COURSES NORTH 18 DEGREES 37 MINUTES 12 SECONDS WEST, 310.00 FEET; THENCE NORTH 31 DEGREES 37 MINUTES 23 SECONDS WEST, 372.70 FEET; THENCE NORTH I DEGREE 04 MINUTES S 50 SECONDS EAST, 105.00 FEET; THENCE NORTH 79 DEGREES 14 MINUTES S 50 SECONDS EAST, 650.00 FEET; THENCE SOUTH 87 DEGREES 15 MINUTES 10 SECONDS EAST, 740.00 FEET; THENCE SOUTH 71 DEGREES 31 MINUTES 39 SECONDS EAST, 651.98 FEET TO THE AFORESAID PROPOSED CENTERLINE OF COLLEGE BOULEVARD; THENCE ALONG SAID PROPOSED CENTERLINE AND CONTINUING ALONG SAID TREETOPS BOUNDARY NORTH 29.. DEGREES 40 MINUTES 59 SECONDS EAST, 420.00 FEET; THENCE LEAVING SAID PROPOSED CENTERLINE AND CONTINUING ALONG SAID TREETOPS BOUNDARY NORTH 59 DEGREES 02 MINUTES 50 SECONDS WEST, -373.81 FEET; THENCE NORTH. 80 DEGREES 35 MINUTES 00 SECONDS WEST, 1 1 240.00 FEET; THENCE NORTH 21 DEGREES 05 MINUTES 00 SECONDS WEST, 444.98 FEET TO THE BEGINNING OF A TANGENT 50.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE CLOCKWISE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 129 DEGREES 05 MINUTES 00 SECONDS A DISTANCE OF 112.65 FEET; THENCE TANGENT TO SAID CURVE SOUTH 72 DEGREES 00 MINUTES 00 SECONDS EAST, 88.57 FEET TO THE BEGINNING OF A TANGENT 50.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE COUNTER- CLOCqISE ALONG THE ARC 0F SAID CURVE THROUGH A CENTRAL ANGLE OF 79 DEGREES 58 MINUTES 09 SECONDS A DISTANCE OF 69,79 FEET TO A POINT OF REVERSE CURVATURE WITH A 2 1 000.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL LINE OT SAID POINT FROM SAID 2,000,00 FOOT RADIUS CURVE BEARS NORTH 61 DEGREES 58 MINUTES 09 SECONDS WEST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 15 DEGREES 42 MINUTES 33 SECONDS A DISTANCE OF 548.35 FEET TO A POINT IN THE ARC OF SAID CURVE TO WHICH A RADIAL LINE BEARS NORTH 46 DEGREES 15 MINUTES 36 SECONDS WEST; THENCE LEVAING SAID CURVE NORTH 59 DEGREES 51 MINUTES 59 SECONDS EAST, 804.25 FEET (RECORD=804.26 FEET1; THENCE NORTH 13 DEGREES 27 MINUTES 33 SECONDS WEST CRECORD=NORTH 13 DEGREES 37 MINUTES 33 SECONDS WEST), 360.00 FEET TO THE NORTH BOUNDARY OF SAID LAND SHOWN ON SAID MAP NO. 9935; THENCE LEAVING SAID TREETOPS BOUNDARY ALONG SAID NORTH BOUNDARY OF SAID MAP NO. 9935 NORTH 89 DEGREES 19 MINUTES 04 SECONDS EAST, 11L3.60 FEET; TO THE POINT OF BEGINNING. . o EXCEPTING FROM THE ABOVE DESCRIBED PARCEL OF LAND THAT PORTION THEREOF CONVEYED TO CARLSBAD MUNICIPAL WATER DISTRICT BY DEED RECORDED JANUARY 9, 1967 AS DOCUMENT NO. 2637, SERIES 8, BOOK 1967, OFFICIAL RECORDS. PARCEL 3: THAT PORTION OF LOTS "D's , "E" AND "J t' OF THE RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE PARTITION MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 140 OF CARLSBAD TRACT NO. 76-12, ACCORDING TO NAP THEREOF NO. 9935, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON DECEMBER 16, 1980; THENCE ALONG THE BOUNDARY OF SAID LOT 140 NORTH 1 DEGREE 42 MINUTES 41 SECONDS EAST, 610.00 FEET; THENCE CONTINUING ALONG SAID BOUNDARY NORTH 23 DEGREES 15 MINUTES 45 SECONDS WEST, 720.30 FEET TO THE BOUNDARY OF LAND CONVEYED TO TREETOPS UNLIMITED BY DEED RECORDED MARCH 26, 1980, AS FILE/PAGE NO. 80-102577, OFFICIAL RECORDS; THENCE ALONG THE BOUNDARY OF SAID TREETOPS LAND THE FOLLOWING COURSES SOUTH 78 DEGREES 14 MINUTES 59 SECONDS EAST, 319.91 FEET; THENCE SOUTH 48 DEGREES 43 MINUTES 39 SECOND5.EAST, 335.00 FEET; THENCE NORTH 48' DEGREES 46 MINUTES 21 SECONDS EAST, 250.00 FEET; THENCE SOUTH 81 DEGREES 13 MINUTES 39 SECONDS EAST, 210.00 FEET; THENCE NORTH 8 DEGREES 46 MINUTES 21 SECONDS EAST, 980.00 FEET (RECORD=NORTH 8 DEGREES 46 MINUTES 24 SECONDS EAST, 980.08 FEET1; THENCE LEAVING SAID TREETOPS LAND SOUTH 24 DEGREES 13 MINUTES 39 SECONDS EAST, 675.24 FEET; THENCE SOUTH 29 DEGREES 25 MINUTES 01 SECONDS WEST, 1,669.10 FEET; THENCE SOUTH 89 DEGREES 25 MINUTES 10 SECONDS EAST, 171.23 FEET; THENCE NORTH 29 DEGREES 25 MINUTES 01 SECONDS EAST, 4,676.56 FEET; THENCE NORTH 29 DEGREES 25 MINUTES 01 SECONDS EAST, 4,676.56 FEET. TO THE EAST BOUNDARY OF LAND SHOWN ON SAID MAP NO. 9935; THENCE ALONG SAID EAST BOUNDARY THE FOLLOWING COURSES SOUTH 15 DEGREES 39 MINUTES 32 SECONDS WEST, 185.19 FEET; THENCE SOUTH 57 DEGREES 49 MINUTES 13 SECONDS EAST, 56.58 FEET; THENCE SOUTH 0 DEGREES 21 MINUTES 05 SECONDS WEST, 2,179.90 FEET; THENCE NORTH 89 DEGREES 36 MINUTES 23 SECONDS WEST, 265.56 FEET; THENCE SOUTH 1 DEGREE 15 MINUTES 07 SECONDS WEST, 150.30 FEET; THENCE SOUTH 9 DEGREES 46 MINUTES 50 SECONDS WEST, 112.79 FEET THENCE SOUTH 20 DEGREES 53 MINUTES 19 SEONDDS WEST, 126.01 FEET; THENCE SOUTH 14 DEGREES 40 MINUTES 43 SECONDS WEST, 57.10; THENCE SOUTH 7 DEGREES 13 MINUTES 27 SECONDS WEST, 135.34 FEET; THENCE SOUTH 11 DEGREES 36 MINUTES 18 SECONDS WEST, 65.24 FEET, THENCE SOUTH 14 DEGREES 41 MINUTES 25 SECONDS WEST, 159.68 FEET; THENCE SOUTH 21 DEGREES 39 MINUTES 05 SECONDS WEST, 190.34 FEET; THENCE SOUTH 13 DEGREES 43 MINUTES 35 SECONDS WEST 781.82 FEET TO THE SOUTHEAST CORNER OF SAID LAND SHOWN ON MAP NO. 9935; THENCE ALONG THE SOUTH BOUNDARY OF SAID NORTH 89 DEGREES 25 MINUTES 10 SECONDS WEST, 2 1 080.08 FEET TO THE POINT OF BEGINNING. PARCEL 4: THAT PORTION OF LOTS 'ED", t1 E' AND J" OF THE RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE PARTITION MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF LOT 1 OF CARLSBAD TRACT NO 76-12 ACCORDING TO MAP THEREOF NO. 9935, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON DECEMBER16, 1980, SAID POINT BEING IN THE ARC OF A 642.00-FOOT RADIUS CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 63 DEGREES 53 MINUTES 10 SECONDS EAST: THENCE SOUTHWESTERLY ALONG THE BOUNDARY OF SAID CARLSBAD TRACT NO. 76-12 AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 10 DEGREES 53 MINUTES 10 SECONDS A DISTANCE OF 121.98 FEET; THENCE TANGENT TO SAID CURVE SOUTH 37 DEGREES 00 MINUTES 00 SECONDS WEST, 702.00 FEET TO THE BEGINNING .OF A.-TANGENT 958.00-FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE CONTINUING SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 15 DEGREES 47 MINUTES 30 SECONDS A DISTANCE OF 264.00 FEET; THENCE TANGENT TO SAID CURVE SOUTH 21 DEGREES 12 MINUTES 30 SECONDS WEST, 455.73 FEET; THENCE LEAVING THE BOUNDARY OF'SAID CARLSBAD TRACT NO. 76-12 NORTH 0 DEGREES 34 MINUTES 50 SECONDS EAST, 944.01 FEET; THENCE NORTH 89 DEGREES 25 MINUTES 10 SECONDS WEST, 300.00 FEET; THENCE SOUTH 0 DEGREES 34 MINUTES 50 SECONDS WEST, 660.00 FEET TO THE BOUNDARY OF LAND SHOWN ON SAID MAP NO. 9935; THENCE ALONG .THE BOUNDARY OF SAID LAND THE FOLLOWING COURSES NORTH 89 DEGREES 25 MINUTES 10 SECONDS WEST 317.25 FEET; THENCE NORTH 0 DEGREES 34 MINUTES 50 SECONDS EAST, 987.75 FEET; THENCE NORTH 24 DEGREES 22 MINUTES 57 SECONDS WEST, 1 1 829.13 FEET; THENCE NORTH 24 DEGREES 25 MINUTES 34 SECONDS WEST 1,805.09 FEET; THENCE NORTH 70 DEGREES 04 MINUTES 37 SECONDS EAST, 515.00 FEET; THENCE LEAVING SAID BOUNDARY SOUTH 42 DEGREES 45 MINUTES 55 SECONDS EAST, 95.64 FEET; THENCE SOUTH 43 DEGREES 00 MINUTES 00 SECONDS EAST, 380.00 FEET; THENCE SOUTH 3 DEGREES 30 MINUTES 00 SECONDS EAST, 190.00 FEET; THENCE SOUTH 31 DEGREES 30 MINUTES 00 SECONDS EAST, 360.00 FEET; THENCE SOUTH 15 DEGREES 00 MINUTES 00 SECONDS EAST, 140.00 FEET TO THE BOUNDARY OF LAND CONVEYED TO TREETOPS UNLIMITED BY DEED RECORDED JUNE 19, 1979, AS FILE/PAGE NO. 79-252293, OFFICIAL RECORDS; THENCE ALONG SAID BOUNDARY NORTH 70 DEGREES 04 MINUTES 37 SECONDS EAST, 699.57 FEET TO THE BOUNDARY.0F LAND CONVEYED TO TREETOPS UNLIMITED BY DEED RECORDED MARCH 26, 1980 AS FILE/PAGE NO. 80-102577; THENCE ALONG SAID BOUNDARY THE FOLLOWING COURSES SOUTH 16 DEGREES 49 MINUTES 53 SECONDS EAST, 218.38 FEET; THENCE SOUTH 26 DEGREES 10 MINUTES 23 SECONDS EAST, 500.00 FEET; THENCE SOUTH 85 DEGREES . S 29 MINUTES 37 SECONDS WEST, 480.00 FEET; THENCE NORTH 39 DEGREES 00 MINUTES 23 SECONDS WST, 372.00 FEET; THENCE NORTH 13 DEGREES 46 MINUTES 34 SECONDS WEST, 176.94 FEET; THENCE LEAVING SAID TREETOPS LAND SOUTH 70 DEGREES 04 MINUTES 37 SECONDS WEST, 167.64 FEET TO THE WEST BOUNDARY OF LAND CONVEYED TO SAID TREETOPS UNLIMITED BY SAID DEED RECORDED AT FILE/PAGE NO. 80-102577; THENCE SOUTH 28 DEGREES 37 MINUTES .41 SECONDS EAST, 482.64 FEET; THENCE SOUTH 2 DEGREES 54 MINUTES 50 SECONDS WEST, 350.00 FEET; THENCE SOUTH 17 DEGREES 25 MINUTES 10 SECONDS EAST, 430.00 FEET; THENCE SOUTH 24 DEGREES 25 MINUTES 10 SECONDS EAST,-490.00 FEET; THENCE SOUTH 10 DEGREES 43 MINUTES 01 SECONDS EAST, 257.35 FEET; THENCE SOUTH 24 DEGREES 25 MINUTES 10 SECONDS EAST, 430.00 FEET; THENCE SOUTH 48 DEGREES 05 MINUTES 12 SECONDS EAST, 200.00 FEET, THENCE SOUTH 24 DEGREES 25 MINUTES 10 SECONDS EAST, 30000 FEET; THENCE NORTH 59 DEGREES 09 MINUTES EAST, 587.00 FEET; THENCE NORTH 43 DEGREES 29 MINUTES 50 SECONDS EAST, 339.00 FEET; THENCE SOUTH 8& DEGREES 08 MINUTES 50 SECONDS EAST, 71.22 FEET TO A POINT IN THE ARC OF A 1 1 000 FOOT RADIUS CURVE CONCAVE WESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 75 DEGREES 17 MINUTES 40 SECONDS EAST; THENCE NORTHEASTERLY, NORTHERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 33 DEGREES 19 MINUTES 32SECONDS A DISTANCE;OF 581.64 FEET; THENCE TANGENT TO SAID' CURVE NORTH 18 DEGREES 37 MINUTES 12 SECONDS WEST, 273.62 FEET TO THE PROPOSED CENTERLINE OF ELM AVENUE PER THE IMPROVEMENT PLANS ON FILE IN THE OFFICE OF 'THE CITY ENGINEER OF THE CITY OF CARLSBAD; THENCE LEAVING THE BOUNDARY OF SAID TREETOPS UNLIMITED LAND ALONG SAID PROPOSED CENTERLINE NORTH 71 DEGREES 22 MINUTES 48 SECONDS EAST, 825.88 FEET TO THE BEGINNING OF A TANGENT 1,000,00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE NORTHEASTERLY, EASTERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 34 DEGREES 45 MINUTES 19 SECONDS A DISTANCE OF 606.59 FEET; THENCE TANGENT TO SAID CURVE SOUTH 73 DEGREES 51 MINUTES 53 SECONDS EAST, 155.70 FEET TO THE PROPOSED CENTERLINE OF COLLEGE BOULEVARD AS SHOWN ON SAID IMPROVEMENT PLANS, SAID POINT BEING IN THE ARC OF A 1,000.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 73 DEGREES 51 MINUTES 53 SECONDS EAST; THENCE LEAVING SAID PROPOSED CENTERLINE SOUTHWESTERLY AND SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 23 DEGREES 04 MINUTES 30 SECONDS A DISTANCE OF 402.74 FEET TO A POINT IN THE ARC OF SAID CURVE TO WHICH A RADIAL LINE BEARS SOUTH 83 DEGREES 03 MINUTES 38 SECONDS WEST, SAID POINT ALSO BEING IN THE BOUNDARY OF LAND CONVEYED TO TREETOPS UNLIMITED BY DEED RECORDED MARCH 26, 1980, AS FILE/PAGE NO. 80-102577; OFFICIAL RECORDS; THENCE LEAVING SAID CURVE ALONG THE BOUNDARY OF SAID TREETOPS LAND SOUTH 69 DEGREES 28 MINUTES 42 SECONDS WEST, 751.12 FEET; THENCE SOUTH 7 DEGREES 33 MINUTES 07 SECONDS EAST, 19.69 FEET (RECORD=SOUTH 7 DEGREES 27 MINUTES 26 SECONDS WEST, 19.77 FEET) TO THE BEGINNING OF A NON-TANGENT 680.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 70 DEGREES 30 MINUTES 40 SECONDS WEST; THENCE SOUTHEASTERLY, SOUTHERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID S .• CURVE THROUGH A CENTPL ANGLE OF 92 DEGREES 09 MINUTES 20 SECONDS A DISTANCE OF 1,093.72 FEET TO THE BOUNDARY OF SAID CARLSBAD TRACT NO. 76-12, A RADIAL LINE TO SAID POINT BEARS SOUTH 17 DEGREES 20 MINUTES 00 SECONDS EAST; THENCE LEAVING SAID CURVE AND SAID TREETOPS LAND ALONG THE BOUNDARY OF SAID CARLSBAD TRACT NO. 76-12 THE FOLLOWING COURSES NORTH 34 DEGREES 33 MINUTES 00 SECONDS WEST, 127.12 FEET; THENCE NORTH 60 DEGREES 37 MINUTES 32 SECONDS WEST, 250.22 FEET TO THE POINT OF BEGINNING. EXCEPTING FROM THE ABOVE DESCRIBED PARCEL OF LAND THAT PORTION THEREOF CONVEYED TO CARLSBAD MUNICIPAL WATER DISTRICT BY DEED RECORDED JANUARY 9, 1967 AS DOCUMENT NO. 2642, SERIES 8 1 BOOK 1967, OFFICIAL RECORDS. FORM t40. 812 REVISED 40 9 FOR US WITH CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY FORM-1973 SCHEDULE B This policy does not insure against loss or damage, nor against costs, attorneys' fees or expenses, any or all of which arise by reason of the following: Part I 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or 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 thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. - 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a -. correct survey would disclose, and which are not shown by the public records. S. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 6. Any right, title, interest, estate or easement in land beyond the lines of the area specifically described or referred to in Schedule A, or in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing in this paragraph shall modify or limit the extent to which the ordinary right of an abutting owner for access to a physically open street or highway is insured by this policy. 7. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordi- nances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regu- lating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 8. 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) created, suffered, assumed or agreed to by the insured claimant; (b) not shown by the public records and not otherwise excluded from cov- erage 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 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; (d) attaching or created subse- quent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had been a purchaser or encumbrancer for value without knowledge. SEE NEXT PAGE FOR SCHEDULE B PART 11 ORM NO. 813 REVISED 5.74 FOR USE WITH CALl FORNA t.AND rTLE ASSOCI. l'4 STANDARD COVERAGE POLICY FORM - SCHEDULE B Part II A. TAXES, A LIEN, NOT YET DUE AND PAYABLE. FOR FISCAL YEAR : 1982-83 1. EASEMENT, AND INCIDENTS THERETO, GRANTED TO : SAN DIEGO CONSOLIDATED GAS AND ELECTRIC COMPANY, A CORPORATION RECORDED : NOVEMBER 19, 1928, OF DEEDS BOOK : 1550 PAGE : 343 PURPOSE : POLE LINE AFFECTS : THE WESTERLY 12 FEET OF LOT D. 2. EASEMENT, AND INCIDENTS THERETO, GRANTED TO : OCEANSIDE MUTUAL WATER COMPANY RECORDED : JULY 11, 1930, OFFICIAL RECORDS BOOK : 1796 PAGE :142 PURPOSE : PIPE LINE AFFECTS : REFERENCE IS MADE TO SAID INSTRUMENT FOR MORE PARTICULARS 3. EASEMENT, AND INCIDENTS THERETO, GRANTED TO : SAN DIEGO GAS AND ELECTRIC CO, RECORDED : JUNE 1, 1953, OFFICIAL RECORDS BOOK : 4874 PAGE : 143 PURPOSE : STEEL TOWERS, POLE LINE, WIRES AND CABLES AFFECTS : 150 FEET IN WIDTH, MEASURED 110 FEET NORTHWESTERLY AND 40 FEET SOUTHEASTERLY OF THE FOLLOWING DESCRIBED LINE: . •• ITEM 3 CONTINUED..... BEGINNING AT A POINT ON THE SOUTHERLY LIVE OF LOT "E" OF SAID RANCHO AGUA' HEDIONDA, WHICH POINT IS SOUTHEASTERLY A DISTANCE OF 1234.64 FEET FROM CORNER NO. 3 OF SAID LOT "E"; THENCE NORTH 28 DEGREES 48 MINUTES 24 SECONDS EAST A DISTANCE OF 8868.32 FEET TO POINT "A"; THENCE NORTH 65 DEGREES 47 MINUTES 04 SECONDS ABOVE DESCRIBED PROPERTY 4. COVENANTS, CONDITIONS AND RESTRICTIONS, OMITTING RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION OR NATIONAL ORIGIN, AS CONTAINED IN INSTRUMENT, EXECUTED BY :ALLAN 0. KELLY, ET AL RECORDED : APRIL 1 1 1958, OFFICIAL RECORDS BOOK : 7016 PAGE : 536 CONTAINING : MORTGAGEE PROTECTION CLAUSE: YES EXPRESS FORFEITURE OR REVERSION: YES 5. COVENANTS, CONDITIONS AND RESTRICTIONS, OMITTING RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION OR NATIONAL ORIGIN, AS CONTAINED 1N INSTRUMENT, EXECUTED BY : ELSIE M. KELLY, ET AL RECORDED : JANUARY 5 1 1959, OFFICIAL RECORDS BOOK : 7427 PAGE :358 -. CONTAINING : MORTGAGEE PROTECTION CLAUSE: YES EXPRESS FORFEITURE OR REVERSION : YES 6. EASEMENT, AND INCIDENTS THERETO, .GRANTED TO : SAN DIEGO GAS AND ELECTRIC COMPANY, A CORPORATION RECORDED : JANUARY 16, 1963, OFFICIAL RECORDS INSTRUMENT NO. : 9526 PURPOSE : POLE LINE AFFECTS : THE CENTER LINE OF SAID RIGHT OF WAY IN THE AFORESAID LANDS IS PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT IN THE EASTERLY LINE OF SAID LOT "J" DISTANT THEREON SOUTH 1 DEGREE 43 MINUTES 28 SECONDS WEST, ..•••.... ITEM NO. 6 CONTINUED..... 1239.20 FEET FROM CORNER NO. 5 OF LOT "D" OF SAID RANCHO AGUA HEDIQNDA; THENCE NORTH 82 DEGREES 31 MINUTES 02 SECONDS WEST, A DISTANCE OF 562.59 FEET TO THE TRUE POINT OF BEGINNING OF THE ABOVE SAID CENTER LINE OF RIGHT OF WAY; THENCE FROM SAID TRUE POINT OF BEGINNING, CONTINUING NORTH 82 DEGREES 31 MINUTES 02 SECONDS WEST, A DISTANCE OF 927.53 FEET7 THENCE SOUTH 71 DEGREES 37 MINUTES 58 SECONDS WEST, A DISTANCE OF 1120.00 FEET, MORE OR LESS, TO THE WESTERLY LINE OF THE ABOVE DESCRIBED PROPERTY. 6.1 THE ABOVE ITEM AFFECTS PARCEL 4. 7;. EASEMENT, AND INCIDENTS THERETO, GRANTED TO : CARLSBAD MUNICIPAL WATER DISTRICT RECORDED : JANUARY 9 1 1967, OFFICIAL RECORDS INSTRUMENT NO, : 2638 PURPOSE . : DRAINAGE CHANNELS AFFECTS : SAID LAND. NO LOCATION SET FORTH. 8. EASEMENT, AND INCIDENTS THERETO, GRANTED TO : CARLSBAD MUNICIPAL WATER DISTRICT RECORDED : JANUARY 9 1 1967, OFFICIAL RECORDS INSTRUMENT NO. : 2638 PURPOSE ; PIPE LINE AFFECTS : A STRIP OF LAND THE CENTER LINE OF WHICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT POINT 4 OF LOT D OF RANCHO AGUA HEDIONDA; THENCE NORTH 1 DEGREE 46 MINUTES 56 SECONDS EAST 2637.98 FEET TO POINT 5 OF SAID LOT B; THENCE NORTH 65 DEGREES 57 MINUTES 53 SECONDS WEST 10.38 FEET; THENCE NORTH 24 DEGREES 02 MINUTES 07 SECONDS EAST 427.94 FEET; THENCE NORTH 5 DEGREES 14 MINUTES . .••••• ITEM 8 CONTINUED..... 26 SECONDS EAST 287.60 FEET; THENCE NORTH 18 DEGREES 02 MINUTES 37 SECONDS EAST 497.21 FEET; THENCE SOUTH 71 DEGREES 57 MINUTES 23 SECONDS EAST 75.00 FEET; THENCE NORTH 18 DEGREES 02 MINUTES 37 SECONDS EAST 13.17 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 30 DEGREES 12 MINUTES 18 SECONDS EAST 300 FEET. 9. EASEMENT, AND INCIDENTS THERETO, RECORDED : JANUARY 9, 1967, OFFICIAL RECORDS INSTRUMENT NO. : 2639 PURPOSE : PIPE LINES AFFECTS : A STRIP OF LAND 20 FEET IN WIDTH, THE CENTER LINE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT POINT 7 1 LOT 'J" OF SAID PARTITION NAP NO. 823 OF RANCHO AGUA HEDIONDA; THENCE NORTH 01 DEGREE 46 MINUTES 56 SECONDS EAST 2637.98 FEET TO POINT 1 OF SAID LOT "J'; THENCE NORTH 65 DEGREES 57 MINUTES 53 SECONDS WEST 10.38 FEET; THENCE NORTH 24 DEGREES 02 MINUTES 07 SECONDS EAST 30.00 FEET TO THE TRU POINT OF BEGINNING; THENCE SOUTH 24 DEGREES 02 MINUTES 07 SECONDS WEST 50.00 FEET. REFERENCE IS MADE TO SAID INSTRUMENT FOR MORE PARTICULARS. 10. EASEMENT, AND INCIDENTS THERETO, RECORDED : JANUARY 9, 1967, OFFICIAL RECORDS INSTRUMENT NO. : 2640 PURPOSE : RIPE LINE AFFECTS : A STRIP OF LAND 20 FEET IN WIDTH, THE CENTER LINE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT POINT 4 OF SAID LOT D AS SHOWN ON SAID MAP 823; THENCE NORTH 01 DEGREE 46 MINUTES 56 SECONDS EAST 2637.98 FEET TO POINT 5 OF SAID LOT D; THENCE NORTH 65 DEGREES 57 MINUTES 53 SECONDS WEST 10.38 FEET; THENCE SOUTH 24 DEGREES 02 MINUTES 07 SECONDS WEST 20.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 24 DEGREES 02 MINUTES 07 SECONDS EAST 332.09 FEET TO THE BEGINNING TEM 10 CONTINUED..... OF A TANGENT CURVE CONCAVE TO THE LEFT HAVING A RADIUS OF 700. 00 FEET; THENCE. NORTHEASTERLY AND NORTHERLY ALONG SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 18 DEGREES 47 MINUTES 41 SECONDS AN ARC DISTANCE OF 229.62 FEET; THENCE LEAVING SAID CURVE NORTH 05 DEGREES 14 MINUTES 26 SECONDS EAST 81.99 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE RIGHT HAVING A RADIUS OF 800.00 FEET; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 12 DEGREES 48 MINUTES 11 SECONDS AN ARC DISTANCE OF 178.76 FEET; THENCE LEAVING SAID TANGENT CURVE NORTH 18 DEGREES 02 MINUTES 37 SECONDS EAST 407.45 FEET. REFERENCE IS MADE TO SAID INSTRUMENT FOR MORE PARTICULARS.. 1, EASEMENT, AND INCIDENTS THERETO, - RECORDED : JANUARY 9 1 1967, OFFICIAL RECORDS INSTRUMENT NO. : 2641 PURPOSE : PIPE LINE - AFFECTS : A STRIP OF LAND 20 FEET IN WIDTH, THE CENTER LINE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT POINT 7, LOT J OF SAID PARTITION MAP 823 OF PANCHO AGUA HEDIONDA; THENCE NORTH 01 DEGREE 46 MINUTES 56 SECONDS EAST 2637.98 FEET TO POINT 1 OF SAID LOT J; THENCE NORTH 65 DEGREES 57 MINUTES 53 SECONDS WEST 10.38 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 24 DEGREES 02 MINUTES 07 SECONDS WEST 956.98 FEET. REFERENCE IS MADE TO SAID INSTRUMENT FOR MORE PARTICULARS. 12. EASEMENT, AND INCIDENTS THERETO, GRANTED TO : CARLSBAD MUNICIPAL WATER DISTRICT RECORDED : JANUARY 9 1 1967, OFFICIAL RECORDS INSTRUMENT NO. : 2642 PURPOSE : ACCESS AFFECTS : SAID LAND. NO LOCATION 'SET '-FORTH. L -3 EASEMENT, AD INCIDENTS THERETO, RECORDED : JANUARY 9 1 1967, OFFICIAL RECORDS INSTRUMENT NO. : 2643 PURPOSE : RIGHT OF WAY 20 FEET IN WIDTH TO ERECT, CONSTRUCT, RECONSTRUCT, REPLACE, REPAIR, MAINTAIN AND USE A PIPELINE OR PIPELINES FOR THE PURPOSE OF CARRYING WATER AFFECTS : THE LANDS HEREINAFTER DESCRIBED, THE CENTER LINE OF WHICH.IS AS FOLLOWS: BEGINNING AT POINT 7, LOT J OF SAID PARTITION MAP 823 OF RANCHO AGUA HEDIONA; THENCE NORTH 01 DEGREE 46 MINUTES 56 SECONDS EAST 2637.98 FEET TO POINT 1 OF SAID LOT J; THENCE NORTH 65 DEGREES 57 MINUTES 53 SECONDS WEST 10.38 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 24 DEGREES 02 MINUTES 07 SECONDS WEST 956.98 FEET, - REFERENCE IS MADE TO SAID INSTRUMENT FOR MORE PARTICULARS. 4. EASEMENT, AND INCIDENTS THERETO, RECORDED : JANUARY 9 1 1967, OFFICIAL RECORDS INSTRUMENT NO. : 2644 PURPOSE : RIGHT OF WAY 20 FEETIN WIDTH, TO ERECT, CONSTRUCT, RECONSTRUCT, REPLACE, REPAIR, MAINTAIN AND USE A PIPELINE OR PIPELINES FOR THE PURPOSE OF CARRYING WATER AFFECTS THE LANDS HEREINAFTER DESCRIBED, THE CENTER LINE OF WHICH IS AS FOLLOWS: .BEGINNING AT POINT 7, LOT 7 OF SAID PARTITION MAP 823 OF RANCHO AGUA HEDIONDA; THENCE NORTH 01 DEGREE 46 MINUTES 56 SECONDS EAST 2637.98 FEET TO POINT 1 OF SAID LOT J; THENCE NORTH 65 DEGREES 57 MINUTES 53 SECONDSWEST 10.38 FEET; THENCE SOUTH 24 DEGREES 02 MINUTES 07 SECONDS WEST 956,98 FEET TO A POINT HEREINAFTER REFERENCED AS POINT "A n ; THE TRUE POINT OF BEGINNING; THENCE SOUTH 25 DEGREES 02 MINUTES 07 SECONDS WEST 509,04 FEET; THENCE SOUTH 28 DEGREES 02 MINUTES 53 SECONDS WEST 140.23 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE RIGHT HAVING A RADIUS OF 700.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 09 DEGREES 06 MINUTES 38 SECONDS AN ARC DISTANCE OF 111,31 FEET; THENCE SOUTH 37 DEGREES 09 MINUTES 31 SECONDS WEST 595.35 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE LEFT HAVING A RADIUS OF 1000.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 07 DEGREES 10 MINUTES 29 SECONDS AN ARC DISTANCE OF 125.22 FEET; THENCE LEAVING SAID TANGENT CURVE SOUTH 29 DEGREES 59 MINUTES 02 SECONDS WEST 672.79 FEET. REFERENCE IS MADE TO SAID INSTRUMENT FOR MORE PARTICULARS. .• .•••• 5. EASEMENT, AND INCIDENTS THERETO, GRANTED TO : CARLSBAD MUNICIPAL WATER DISTRICT RECORDED : JANUARY 1, 1967, OFFICIAL RECORDS INSTRUMENT NO. : 2646 PURPOSE : PIPELINES AFFECTS : SAID PROPERTY 6. EASEMENT, AND INCIDENTS THERETO, GRANTED TO : SAN DIEGO COUNTY WATER AUTHORITY, A PUBLIC CORPORATION RECORDED : OCTOBER 27, 1976, OFFICIAL RECORDS INSTRUMENT NO. : 76-358217 -. PURPOSE : PIPE LINE AFFECTS : SAID STRIP OF LAND 30 FEET IN WIDTH LYING 15 FEET ON EACH SIDE, MEASURED AT RIGHT ANGLES, FROM THE FOLLOWING DESCRIBED SURVEY LINE: BEGINNING AT A CORNER IN THE SOUTHEASTERLY BOUNDARY OF SAID LAND FORMED BY RECORD BEARINGS NORTH 89 DEGREES 37 MINUTES 38 SECONDS WEST AND NORTH 01 DEGREE 18 MINUTES 02 SECONDS EAST, SAID CORNER BEING ALSO ENGINEER'S STATION 299+10.61 BACK 299.15.25 AHEAD ON SAID SURVEY LINE; THENCE ALONG SAID SOUTHEASTERLY BOUNDARY AND THE EASTERLY EXTENSION THEREOF NORTH 89 DEGREES 37 MINUTES 38 SECONDS WEST, RECORD) 355,58 FEET; THENCE SOUTH 00 DEGREES 59 MINUTES EAST 15.55 FEET TO ENGINEER'S STATION 295+53.89 ON SAID SURVEY LINE AND THE TRUE POINT OF BEGINNING. THENCE ALONG SAID SURVEY LINE NORTH 89 DEGREES 31 MINUTES 27 SECONDS WEST, 89.92 FEET; THENCE NORTH 86 DEGREES 12 MINUTES 27 SECONDS WEST, 266.80 FEET. TO ENGINEER'S STATION 299+10.61 BACK; THENCE NORTH 64 DEGREES 01 MINUTES 01 SECONDS WEST, 1.479,70 FEET; THENCE SOUTH 64 DEGREES 36 MINUTES 55 SECONDS WEST, 282.25 FEET TO ENGINEERS STATION 316+77.20, THE END POINT OF THE ABOVE DESCRIBED SURVEY LINE, SAID END POINT BEING DISTANT THEREFROM NORTH 74 DEGREES 18 MINUTES 01 SECONDS WEST, 2,016.50 FEET FROM THE TRUE POINT OF BEGINNING. .••••• 17. EASEMENT, AND INCIDENTS THERETO; - GRANTED TO SAN DIEGO COUNTY WATER AUTHORITY RECORDED : JULY 28, 1978, OFFICIAL RECORDS INSTRUMENT NO. : 78-319050 PURPOSE : PIPES AND PIPELINES AFFECTS : SAID STRIP OF LAND 30 FEET WIDE, LYING 15 FEET ON EACH SIDE, MEASURED AT RIGHT ANGLES, FROM THE FOLLOWING DESCRIBED SURVEY LINE, BEGINNING AT A POINT IN THE EASTERLY BOUNDARY THEREON NORTH 00 DEGREES 25 MINUTES 23 SECONDS EAST, 15.00 FEET FROM THE SOUTHEAST CORNER OF SAID LAKE CALAVERAS HILLS ASSOCIATES LAND, SAID POINT BEING ENGINEER'S STATION 305+17.95 ON SAID SURVEY LINE AND THE TRUE POINT OF BEGINNING. THENCE ALONG SAID SURVEY LINE NORTH 89 DEGREES 30 MINUTES WEST 15.00 FEET; THENCE NORTH 04 DEGREES 20 MINUTES 50 SECONDS WEST 437.06 FEET; THENCE NORTH 40 DEGREES 38 MINUTES 21 SECONDS WEST 564.57 FEET; THENCE NORTH 67 DEGREES 29 MINUTES 31 SECONDS WEST 184.00 FEET; THENCE SOUTH 74 DEGREES 29 MINUTES 39 SECONDS WEST 302.87 FEET; THENCE NORTH 44 DEGREES 50 MINUTES 21 SECONDS WEST 517.78 FEET; THENCE NORTH 56 DEGREES 59 MINUTES 04 SECONDS WEST 212.79 FEET; THENCE NORTH 01 DEGREE 34 MINUTES 54 SECONDS WEST 264.64 FEET THENCE NORTH-61 DEGREES 18 MINUTES 54 SECONDS WEST 398.84 FEET; THENCE NORTH 72 DEGREES 29 MINUTES 28 SECONDS WEST 148,90 FEET; THENCE SOUTH 79 DEGREES 29 MINUTES 26 SECONDS WEST 290.51 FEET TO ENGINEERS STATION 338.65, THE END POINT OF THE ABOVE DESCRIBED SURVEY LINE, SAID END POINT BEING DISTANT NORTH 51 DEGREES 00 MINUTES 20 SECONDS WEST, 2.847.57 FEET FROM THE TRUE POINT OF BEGINNING. -THE SIDE LINES OF THE ABOVE DESCRIBED 30 FOOT WIDE STRIP OF LAND SHALL BE PROLONGED OR SHORTENED SO AS TO TERMINATE EASTERLY IN THE EASTERLY AND SOUTHERLY BOUNDARIES AND NORTHERLY IN A LINE PERPENDICULAR AND PASSING THROUGH THE ABOVE DESCRIBED END POINT. 18. EASEMENT, AND INCIDENTS THERETO, RESERVED BY : CARLSBAD MUNICIPAL WATER DISTRICT, A MUNICIPAL WATER DISTRICT RECORDED : NOVEMBER 17, 1978, OFFICIAL RECORDS INSTRUMENT NO. : 78-497734 PURPOSE : PIPE LINES AND UNDERGROUND CONDUITS AFFECTS : ALL THAT PORTION OF PARCEL 1 OF LOT "J" OF RANCHO AGUA HEDIONDA, ACCORDING TO MAP NO. 823, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON NOVEMBER 16, 1896, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: • BEGINNING AT A POINT WHICH IS THE SOUTHEASTERLY CORNER OF CARLSBAD TRACT 74-14 (A), MAP NO. 8585; THENCE NORTHEASTERLY -. ALONG THE PROLONGATION OF THE SOUTHERLY BOUNDARY OF CARLSBAD TRACT 74-14 (Al, MAP NO. 8585 NORTH 82 DEGREES 59 MINUTES 47 SECONDS EAST (NORTH 82 DEGREES 00 MINUTES -100 SECONDS EAST DEED) 1054.66 FEET TO THE SOUTHWESTERLY LINE OF LAND DESCRIBED IN DEED FROM MINNIE LILLIAN BORDEN, ET AL.,, TO CARROLL ELMER BORDEN DATED FEBRUARY 3, 1912 AND RECORDED IN BOOK 560, PAGE 578 OF-DEEDS; THENCE NORTH 24 DEGREES 20 MINUTES 17 SECONDS WEST (NORTH 25 DEGREES 30 MINUTES 00 SECONDS WEST DEED) 341.50 FEET TO THE TRUE POINT OF BEGINN-ING, THENCE NORTH 41 DEGREES 06 MINUTES 30 SECONDS EAST 56.50 FEET; THENCE SOUTH 48 DEGREES 53 MINUTES 30 SECONDS EAST- 20.00 FEET; THENCE SOUTH 41 DEGREES 06 MINUTES 30 SECONDS WEST 65.64 FEET; THENCE NORTH 24 DEGREES 20 MINUTES 17 SECONDS WEST 21.99 FEET TO THE TO THE TRUE POINT OF BEGINNING. 9. EASEMENT, AND INCIDENTS THERETO, GRANTED TO : SAN DIEGO COUNTY -WATER DISTRICT, A PUBLIC CORPORATION RECORDED : OFFICIAL RECORDS, JUNE 13, 1979 INSTRUMENT NO. : 79-243270 PURPOSE : PUBLIC UTILITY AFFECTS : A STRIP OF LAND 30 FEET WIDE IN THAT. CERTAIN PORTION OF LOT D OF THE SUBDIVISION OF RANCHO AGUA HEDIONDA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN ON MP 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, UNDER FILE NO. 73-332778, OFFICIAL RECORDS OF SAID COUNTY. SAID STRIP OF LAND 30 FEET WIDE, LYING 15 FEET ON EACH SIDE, MEASURED AT RIGHT ANGLES FROM THE FOLLOWING DESCRIBED SURVEY LINE; BEGINNING AT A POINT IN THE SOUTH BOUNDARY OF SAID BOWKER LAND, DISTANT THEREON NORTH 89 DEGREES 10 MINUTES 49 SECONDS WEST, SOUTH 89 DEGREES 13 MINUTES 50 SECONDS EAST, RECORD 1,699.04 FEET FROM THE SOUTHEAST CORNER OF SAID BOWKER LAND, SAID POINT BEING-ENGINEER'S STATION 33+12.33 ON SAID SURVEY LINE AND THE TRUE POINT OF BEGINNING; THENCE ALONG SAID SURVEY LINE NORTH 61 DEGREES 18 MINUTES 54 SECONDS WEST, 113.26 FEET; THENCE NORTH 72 DEGREES 29 MINUTES 28 SECONDS WEST, 148,90 FEET: THENCE SOUTH 79 DEGREES 29 MINUTES 26 SECONDS WEST, 290.51 FEET TO ENGINEER'S-STATION 338+65, THE END POINT OF THE ABOVE DESCRIBED SURVEY LINE, SAID END POINT BEING DISTANT NORTH 88 DEGREES 11 MINUTES 11 SECONDS WEST, 2,226.98 FEET FROM THE POINT OF BEGINNING. . . EASEMENT, AND INCIDENTS THERETO, - GRANTED TO : LAKE CALAVERP HILLS ASSOCIATES, A LIMITED PARTNERSHIP, ET AL RECORDED : MARCH 26, 1980, OFFICIAL RECORDS INSTRUMENT NOS. : 80-102576 AND 80-102577 PURPOSE : ACCESS AFFECTS : A STRIP OF LAND 102.00 FEET WIDE, BEING THE PROPOSED EXTENSION OF COLLEGE BOULEVARD, AND THE CENTER LINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWESTERLY CORNER OF MIRA COSTA MESA UNIT NO. 5, ACCORDING TO NAP THEREOF NO. 7151 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 29, 1971; THENCE ALONG THE SOUTHERLY LINE OF SAID NAP NO. 7151; NORTH 89 DEGREES 18 MINUTES 35 SECONDS EAST, 31.12 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 38 DEGREES 59 MINUTES 00 SECONDS EAST, 25.26 FEET TO THE BEGINNING OF A TANGENT 1000.00 FOOT RADIUS CURVE, CONCAVE WESTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 75 DEGREES 55 MINUTES 53 SECONDS A DISTANCE OF 1325.25 FEET; THENCE TANGENT TO SAID CURVE SOUTH 36 DEGREES 56 MINUTES 53 SECONDS WEST, 909.25 FEET -TO THE BEGINNING OF A TANGENT 1000.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 07 DEGREES 15 MINUTES 54 SECONDS A DISTANCE OF 126,80 FEET TO THE MOST EASTERLY CORNER OF PARCEL 1-A OF SAID CERTIFICATE OF COMPLIANCE; THENCE TANGENT TO SAID CURVE SOUTH 29 DEGREES 40 MINUTES 59 SECONDS WEST, 232.85 FEET TO A POINT OF ACCESS TO SAID PARCEL 1-A; THENCE CONTINUING SOUTH 29 DEGREES 40 MINUTES 59 SECONDS WEST, 353.67 FEET TO THE BEGINNING OF A TANGENT 1000.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTER ANGLE OF 53 DEGREES 54 MINUTES 38 SECONDS A DISTANCE OF 940.92 FEET TO A POINT OF ACCESS TO PARCEL 2 OF SAID CERTIFICATE OF COMPLIANCE. SAID EASEMENT TO TERMINATE NORTHERLY IN THE SOUTHERLY LINE OF SAID MAP NO. 7151, A STRIP OF LAND 102.00 FEET IN WIDTH, BEING THE PROPOSED EXTENSION OF ELM AVENUE, AND THE CENTER LINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: ITEM 20 CONTINUED ..S..S. COMMENCING AT THE MOST EASTERLY CORNER OF SAID PARCEL 1-A SAID CERTIFICATE OF COMPLIANCE AS SAID CORNER IS DESCRIBED IN ACCESS EASEMENT ABOVE; THENCE SOUTH 29 DEGREES 40 MINUTES 59 SECONDS WEST, 586.52 FEET TO THE BEGINNING OF A TANGENT 1000.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 13 DEGREES 32 MINUTES 52 SECONDS A DISTANCE OF 236.45 FEET TO THE CENTER LINE INTERSECTION WITH-ELM AVENUE PROPOSED EXTENSION AND BEING THE TRUE POINT OF BEGINNING; THENCE NORTH 73 DEGREES 51 MINUTES 53 SECONDS WEST, 155.70 FEET TO THE BEGINNING OF A TANGENT 1000.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 35 DEGREES 45 MINUTES 19 SECONDS A DISTANCE OF 606.59 FEET; THENCE TANGENT TO SAID CURVE SOUTH 71 DEGREES 22 MINUTES 48 SECONDS WEST, 825.88 FEET • TO THE CENTER LINE INTERSECTION WITH TAMARACK AVENUE PROPOSED EXTENSION AND BEING A POINT OF ACCESS TO SAID PARCEL 1-A OF CERTIFICATE OF COMPLIANCE. SAID EASEMENT TO TERMINATE SOUTHEASTERLY IN THE CENTER LINE OF ACCESS EASEMENT PARCEL A ABOVE. 21. EASEMENT, AND INCIDENTS THERETO, GRANTED TO : COSTA REAL MUNICIPAL WATER DISTRICT RECORDED : JANUARY 25, 1980, OFFICIAL RECORDS INSTRUMENT NO. : 80-029382 PURPOSE : PIPELINES, INCLUDING BUT NOT LIMITED TO, CONDUITS AND CABLES FOR POWER TRANSMISSION AND COMMUNICATION PURPOSES, INGRESS AND EGRESS, AND THE RIGHT TO CLEAR AND KEEP CLEAR SAID RIGHT OF WAY FROM EXPLOSIVES, BUILDING AND STRUCTURES AFFECTS ; A STRIP OF LAND 40.00 FEET IN WIDTH, LYING 10.00 FEET ON THE NORTHEAST SIDE AND PARALLEL WITH, AND 30.00 FEET ON THE SOUTHWEST SIDE AND PARALLEL WITH, AND A CONSTRUCTION EASEMENT OF 60.00 FEET IN WIDTH LYING 20.00 FEET ON THE NORTHEAST SIDE AND PARALLEL WITH, AND 40.00 FEET ON THE SOUTHWEST SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED LINE; ITEM 21 CONTINUED..... BEGINNING AT A POINT ON THE CENTERLINE OF A 30 FOOT EASEMENT, SAID POINT IDENTIFIED AS "END STATION. 338.65", PER SAN DIEGO COUNTY WATER AUTHORITY TRI-AGENCIES WATER TRANSMISSION PIPELINE LANDS AND RIGHT MAP; THENCE LEAVING SAID POINT AND 30 FOOT EASEMENT, NORTH 65 DEGREES 53 MINUTES 21 SECONDS REST, 489.85 FEET MORE OR LESS TO A LINE WHICH BEARS NORTH 24 DEGREES 06 MINUTES 39 SECONDS EAST (RECORD NORTH 24 DEGREES 06 MINUTES 39 SECONDS EAST BEING THE CENTERLINE OF A COSTA REAL MUNICIPAL WATER DISTRICT 20 FOOT WIDE EASEMENT. SAID TERMINATION POINT LYING SOUTHWEST OF POINT 5, LOT D OF SAID SUBDIVISION AND TIED BY FOLLOWING COURSES: NORTH 24 DEGREES 06 MINUTES 39 SECONDS EAST ALONG EASEMENT OF COSTA REAL MUNICIPAL WATER DISTRICT 31.91 FEET MORE OR LESS; THENCE SOUTH 65 DEGREES 53 MINUTES 21 SECONDS EAST (RECORD SOUTH 65 DEGREES 57 MINUTES 53 SECONDS EAST) 10.38 FEET TO SAID POINT 5, LOT D. THE SIDELINES OF SAID WATER MAIN AND CONSTRUCTION EASEMENT SHALL BE PROLONGED OR SHORTENED SO AS TO TERMINATE ON THE NORTHWESTERLY END AT THE CENTERLINE OF COSTA REAL MUNICIPAL WATER DISTRICT EASEMENT WHICH BEARS NORTH 24 DEGREES 06 MINUTES 39 SECONDS EAST AND ON THE SOUTHEASTERLY END OF EASEMENT AT "END STATION 338+65" ON A LINE WHICH BEARS SOUTH 10 DEGREES 30 MINUTES 32 SECONDS EAST. 22. EASEMENT, AND INCIDENTS THERETO, GRANTED TO : LAKE CALAVERAS HILLS ASSOCIATES, A CALIFORNIA LIMITED PARTNERSHIP RECORDED : JULY 27,1981, OFFICIAL RECORDS INSTRUMENT NO. : 81-236324 PURPOSE : PRIVATE STREET/ROAD, INGRESS AND EGRESS AFFECTS : PARCEL 2: AN EASEMENT AND RIGHT OF WAY FOR ACCESS PURPOSES OVER, ALONG AND ACROSS THOSE PORTIONS OF LOT "D" OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO.. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY NOVEMBER 16, 1896, LYING WITHIN A STRIP OF LAND 102.00 FEET WIDE, BEING THE PROPOSED EXTENSION OF COLLEGE BOULEVARD, AND THE CENTER LINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: ITEM 22 CONTINUED. COMMENCING AT THE SOUTHWESTERLY CORNER OF MIRA MESA UNIT NO. 5, ACCORDING TO MP THEREOF NO. 7151, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 29, 1971; THENCE ALONG THE SOUTHERLY LINE OF SAID MAP NO. 7151, NORTH 89 DEGREES 18 MINUTES 35 SECONDS EAST, 31.12 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 38 DEGREES 59 MINUTES 00 SECONDS EAST, 25.26 FEET TO THE BEGINNING OF A TANGENT 1000.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 75 DEGREES 55 MINUTES 53 SECONDS A DISTANCE OF 1325.25 FEET; THENCE TANGENT TO SAID CURVE SOUTH 36 DEGREES 56 MINUTES 53 SECONDS WEST, 909.25 FEET TO THE BEGINNING OF A TANGENT 1000.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 7 DEGREES 15 MINUTES 54 SECONDS A DISTANCE OF 126.80 FEET TO THE MOST EASTERLY CORNER OF PARCEL 1-A OF CERTIFICATE OF COMPLIANCE RECORDED JANUARY 22, 1980, AS INSTRUMENT NO. 80-024454; THENCE TANGENT TO SAID CURVE SOUTH 29 DEGREE 40 MINUTES 59 SECONDS WEST, 232.85 FEET TO A POINT OF ACCESS TO SAID PARCEL 1-A; -THENCE CONTINUING SOUTH 29 DEGREES 40 MINUTES 59 SECONDS WEST, 187.15 FEET TO AN ANGLE POINT IN SAID PARCEL 1-A, BEING THE POINT OF TERMINATION. PARCEL 3: AN EASEMENT AND RIGHT OF WAY 102.00 FEET IN WIDTH LYING WITHIN LOTS D AND J OF SAID RANCHO AGUA HEDIONDA, THE CENTER LINE OF WHICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF PARCEL 1 DESCRIBED ABOVE; THENCE ALONG THE SOUTHERLY LINE OF SAID LAND AS FOLLOWS; NORTH 73 DEGREES 51 MINUTES 53 SECONDS WEST 155-70 FEET TO THE BEGINNING OF A 1000.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY, AND WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 34 DEGREES 45 MINUTES 19 SECONDS A DISTANCE OF 606.59 FEET; AND TANGENT THERETO SOUTH 71 DEGREES 22 MINUTES 48 SECONDS WEST 825.88 TO POINT "A" BEING THE POINT OF TERMINATION. . a .., ITEM 22 CONTINUED . PARCEL 4: AN EASEMENT AND RIGHT OF WAY FOR ACCESS PURPOSE OVER ALL THAT PORTION OF LOTS J AND E OF SAID RANCHO AGUA HEDIONDA, 84.00 FEET IN WIDTH, THE CENTERLINE OF WHICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT POINT "X" AS DESCRIBED IN PARCEL 3 ABOVE; THENCE SOUTH 18 DEGREES 37 MINUTES 12 SECONDS EAST 273.62 FEET TO THE BEGINNING OF A TANGENT 1000 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 33 DEGREES 19 MINUTES 32 SECONDS A DISTANCE OF 581.64 FEET; THENCE TANGENT TO SAID CURVE SOUTH 14 DEGREES 42 MINUTES 20 SECONDS WEST 138.57 TO THE BEGINNING OF A TANGENT 600.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE SOUTHERLY ALONG. THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 22 DEGREES 17 MINUTES 40 SECONDS A DISTANCE OF 241.45 FEET; THENCE TANGENT THERETO SOUTH 37 DEGREES 00 MINUTES 00 SECONDS TEST 702.00 FEET TO THE BEGINNING OF A 1000 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF-15 DEGREES 47 MINUTES 30 SECONDS A DISTANCE OF 275.62 FEET; THENCE TANGENT THERETO, SOUTH 21 DEGREES 12 MINUTES 30 SECONDS WEST 344.15 FEET TO POINT OF TERMINATION. 23. EASEMENT, AND INCIDENTS THERETO, GRANTED TO : TREETOPS UNLIMITED, A JOINT VENTURE, COMPOSED OF FINANCIAL SCENE INCORPORATED, A CALIFORNIA CORPORATION AND PACIFIC SCENE, INC., A CALIFORNIA CORPORATION RECORDED : NOVEMBER 20, 1980, OFFICIAL RECORDS INSTRUMENT : 80-377476 PURPOSE ; INGRESS AND EGRESS -' AFFECTS i AN EASEMENT AND RIGHT OF WAY FOR ACCESS PURPOSE OVER, ALONG AND ACROSS THOSE PORTIONS OF LOT 't D" OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, LYING WITHIN A STRIP OF LAND 102.00 FEET WIDE, BEING THE PROPOSED EXTENSION OF COLLEGE BOULEVARD, AND THE CENTER LINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: .. ITEM 2' CONTINUED..... COMMENCING AT THE SOUTHWESTERLY CORNER OF NIRA COSTA MESA UNIT NO. 5, ACCORDING TO MAP THEREOF NO. 7151, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 29, 1971; THENCE ALONG THE SOUTHERLY LINE OF SAID MAP NO. 7151, NORTH 89 DEGREES 18 MINUTES 35 SECONDS EAST 31,12 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 38 DEGREES 59 MINUTES 00 SECONDS EAST 25.25 FEET TO THE BEGINNING OF A TANGENT 1000.00 FOOT RADIUS CURVE, CONCAVE WESTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 75 DEGREES 55 MINUTES 53 SECONDS A DISTANCE OF 1325.25 FEET; THENCE TANGENT TO SAID CURVE SOUTH 36 DEGREES 6 MINUTES 53 SECONDS WEST 909.25 FEET FEET TO THE BEGINNING OF A TANGENT 1000.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 7 DEGREES 15 MINUTES 54 SECONDS A DISTANCE OF 126.80 FEET TO THE MOST EASTERLY CORNER OF PARCEL 1-A OF CERTIFICATE OF COMPLIANCE RECORDED JANUARY 22, 1980 AS INSTRUMENT NO. 80-024454; THENCE TANGENT TO SAID CURVE SOUTH 29 DEGREES 40 MINUTES 59 SECONDS WEST 232.85 FEET TO A POINT OF ACCESS TO SAID PARCEL, 1-A; THENCE CONTINUING SOUTH 29 DEGREES 40 MINUTES 59 SECONDS WEST 187.15 FEET TO AN ANGLE POINT IN SAID PARCEL 1-A, BEING THE POINT OF TERMINATION. EXCEPTING THEREFROM ANY PORTION NOT LYING WITHIN THE LANDS OF THE GRANTOR HEREIN. -. 24. EASEMENT, AND INCIDENTS THERETO, GRANTED TO : LAKE CALAVERAS HILLS ASSOCIATES, A CALIFORNIA LIMITED PARTNERSHIP RECORDED : JULY 27, 1981, OFFICIAL RECORDS INSTRUMENT NO. : 81-236324 PURPOSE : PRIVATE STREET/ROAD, INGRESS AND EGRESS ITEM 24 CONTINUED..... AFFECTS: PARCEL 2 AN EASEMENT AND RIGHT OF WAY FOR ACCESS PURPOSES OVER, ALONG, AND ACROSS THOSE PORTIONS OF LOT tt D" OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP -THEREOF NO.823 1 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, LYING WITHIN A STRIP OF LAND 102.00 FEET WIDE, BEING THE PROPOSED EXTENSION OF COLLEGE BOULEVARD, AND THE CENTER LINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWESTERLY CORNER OF MIRA COSTA MESA UNIT NO. 5 1 ACCORDING TO MAP THEREOF NO. 7151, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 29, 1971; THENCE ALONG THE SOUTHERLY LINE OF SAID MAP MO. 7151 1 NORTH -89 DEGREES 18 MINUTES 35SECONDS EAST, 31.12 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 38 DEGREES 59 MINUTES 00 SECONDS EAST, 25.26 FEET TO THE BEGINNING OF A TANGENT 1000.00 FOOT RADIUS CURVE, CONCAVE WESTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 75 DEGREES 55 MINUTES 53 SECONDS A DISTANCE OF 1325.25 FEET; THENCE TANGENT TO SAID CURVE SOUTH 36 DEGREES 56 MINUTES 53 SECONDS WEST, 909.25 FEET TO THE BEGINNING OF A TANGENT 1000.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 7 DEGREES 15 MINUTES 54 SECONDS A DISTANCE OF 126.80 FEET TO THE MOST EASTERLY CORNER OF PARCEL 1-A OF CERTIFICATE OF COMPLIANCE RECORDED JANUARY 22, 1980, AS INSTRUMENT NO. 80-024454; THENCE TANGENT TO SAID CURVE SOUTH 29 DEGREES 40 MINUTES 59 SECONDS WEST, 232.85 FEET TO A POINT OF ACCESS TO SAID PARCEL 1-A; THENCE CONTINUING SOUTH 29 DEGREES 40 MINUTES 59 SECONDS WEST, 187.15 FEET TO AN ANGLE POINT IN SAID PARCEL 1-A, BEING THE POINT OF TERMINATION. PARCEL 3: AN EASEMENT AND RIGHT OF WAY 102.00 FEET IN WIDTH LYING WITHIN LOTS D AND J OF SAID RANCHO AGUA HEDIONDA, THE CENTER LINE OF WHICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: . ..,, ITEM 24 CONTINUED..... BEGINNING AT THE SOUTHEAST CORNER OF PARCEL 1 DESCRIBED ABOVE; THENCE ALONG THE SOUTHERLY LINE OF SAID LAND AS FOLLOWS: NORTH 73 DEGREES 51 MINUTES 53 SECONDS WEST 155.70 FEET TO THE BEGINNING OF A 1000.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY, AND WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 34 DEGREES 45 MINUTES 19 SECONDS A DISTANCE OF 616.59 FEET; AND TANGENT THERETO SOUTH 71 DEGREES 22 MINUTES 48 SECONDS WEST 825,88 TO POINT "X" BEING THE POINT OF TERMINATION. PARCEL 4: AN EASEMENT AND RIGHT OF WAY FOR ACCESS PURPOSE OVER THAT PORTION OF LOTS J AND E OF SAID RANCHO AGUA HEDIONDA, 84.00 FEET IN WIDTH, THE CENTERLINE OF WHICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT POINT "X AS DESCRIBED IN PAPCEL 3 ABOVE; THENCE SOUTH 18 DEGREES 37 MINUTES 12 SECONDS EAST 273.62 FEET TO THE BEGINNING OF A TANGENT 1000 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE rfHROUGH A CENTRAL ANGLE OF 33 DEGREES 19 MINUTES 32 SECONDS A DISTANCE OF 581.64 FEET; THENCE TANGENT TO SAID CURVE SOUTH 14 DEGREES 42 MINUTES 20 SECONDS WEST 138.57 FEET TO THE BEGINNING OF A TANGENT 600.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 22 DEGREES 17 MINUTES 40 SECONDS A DISTANCE OF 241,45 FEET; THENCE TANGENT THERETO SOUTH 37 DEGREES 00 MINUTES 00 SECONDS WEST 702.00 FEET TO THE BEGINNING OF A 1000 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 15 DEGREES 47 MINUTES 30 SECONDS A DISTANCE OF 275,62 FEET; THENCE TANGENT THERETO, SOUTH 21 DEGREES 12 MINUTES 30 SECONDS WEST 344,15 FEET TO POINT OF TERMINATION. .• .••', 25. EASEMENT, AND INCIDENTS THERETO, 13 GRANTED TO RECORDED INSTRUMENT NO. PURPOSE AND DISTRIBUTION OF : SAN DIEGO GAS AND ELECTRIC COMPANY, A CORPORATION ; OCTOBER 8, 1981, OFFICIAL RECORDS : 81-320410 : 1. UNDERGROUND FACILITIES AND APPURTENANCES FOR THE TRANSMISSION ELECTRICITY 2. PIPELINES AND APPURTENANCES FOR ANY AND ALL PURPOSES AFFECTS : THE EASEMENT IN THE AFORESAID LANDS SHALL BE 8.00 FEET IN WIDTH, BEING 4.00 FEET MEASURED AT RIGHT ANGLES, ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: COMMENCING AT THE MOST NORTHERLY CORNER OF CARLSBAD TRACT NO. 76-12, CALAVEPA HILLS ACCORDING TO MP THEREOF NO. 9935, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO THENCE ALONG THE NORTHWESTERLY PROLONGATION OF THE NORTHEASTERLY BOUNDARY THEREON NORTH 60 DEGREES 37 MINUTES 32 SECONDS WEST,. 43.55 FEET; THENCE LEAVING SAID NORTHWESTERLY PROLONGATION NORTH 29 DEGREES :20 MINUTES 01 SECONDS EAST, 500.39 FEET TO THE TRUE POINT OF BEGINNING OF THE CENTER LINE HEREIN DESCRIBED; THENCE FROM SAID TRUE POINT OF BEGINNING SOUTH. 25 DEGREES 05 MINUTES 20 SECONDS WEST, 140.79 FEET; THENCE SOUTH 34 DEGREES 24 MINUTES 25 SECONDS WEST, 50.63 FEET TO THE BEGINNING OF A NON-TANGENT 100.00 FOOT RADIUS CURVE CONCAVED SOUTHEASTERLY, A RADIAL LINE OF SAID CURVE BEARS NORTH 26 DEGREES 53 MINUTES 07 SECONDS WEST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 48 DEGREES 24 MINUTES 41 SECONDS A DISTANCE OF 84.49 FEET. . .• 26. EASEMENT AND INCIDENTS THERETO, PURPOSE ; POLES, WIRES, CABLES AND APPURTENANCES FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY. UNDERGROUND FACILITIES AND APPURTENANCES FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY. PIPELINES AND APPURTENANCES FOR ANY AND ALL PURPOSES, COMMUNICATION FACILITIES, OVERHEAD AND/OR UNDERGROUND AND APPURTENANCES GRANTED TO : SAN DIEGO GAS AND ELECTRIC COMPANY RECORDED : JULY 15, 1981, OFFICIAL RECORDS INSTRUMENT NO. : 81-222452 AFFECTS ; A STRIP OF LAND 3.00 FEET IN WIDTH AS SHOWN ON THE ATTACHED EXHIBIT 'tA" -27, EASEMENT, AND INCIDENTS THERETO, GRANTED TO : CITY OF CARLSBAD RECORDED : JANUARY 8, 1982, OFFICIAL RECORDS INSTRUMENT NO, : 82-005688 PURPOSE : PUBLIC STREET/ROAD AFFECTS : A PARCEL OF LAND BEING A PORTION OF LOT J AND A PORTION OF LOT E, BOTH AS SHOWN ON MAP NO, 823 ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: -. COMMENCING AT A POINT, SAID POINT BEING POINT 7 OF SAID LOT J AS SHOWN ON SAID NAP NO. 823 THENCE ALONG THE SOUTHERLY BOUNDARY LINE OF SAID LOT J NORTH 89 DEGREES 25 MINUTES 10 SECONDS WEST (NORTH 89 DEGREES 22 MINUTES 33 SECONDS WEST PER DEED). 1791,41 FEET; THENCE LEAVING SAID BOUNDARY LINE, SOUTH 00 DEGREES 34 MINUTES 50 SECONDS WEST 45.58 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 00 DEGREES 34 MINUTES 50 SECONDS WEST 238.44 FEET; THENCE NORTH 21 DEGREES 12 MINUTES 30 SECONDS EAST 455.72 FEET TO THE BEGINNING OF A TANGENT 958.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE, NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 15 DEGREES 47 MINUTES 30 SECONDS A DISTANCE OF 264.04 FEET TO A POINT TO WHICH A RADIAL LINE BEARS SOUTH 53 DEGREES 00 MINUTES 00 SECONDS EAST THENCE NORTH 37 DEGREES 00 MINUTES 00 SECONDS EAST 70200 FEET TO THE BEGINNING OF A TANGENT 642.00 FOOT RADIUS CRUVE CONCAVE NORTHWESTERLY; THENCE, NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 10 DEGREES 53 MINUTES 10 SECONDS A DISTANCE OF 121.98 FEET TO A POINT ITEM 27 CONTINUED,..., TO WHICH A RADIAL LINE BEARS NORTH 63 DEGREES 53 MINUTES 10 SECONDS WEST, THENCE NORTH 63 DEGREES 53 MINUTES 10 SECONDS WEST 84.00 FEET TO THE BEGINNING OF A TANGENT 558.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE, SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 10 DEGREES 53 MINUTES 10 SECONDS A DISTANCE OF 106.02 FEET TO A POINT TO WHICH A RADIAL LINE BEARS NORTH 53 DEGREES 00 MINUTES 00 SECONDS WEST;. THENCE SOUTH 37 DEGREES 00 MINUTES 00 SECONDS WEST 702.00 FEET TO THE BEGINNING OF A TANGENT 1042,00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE, SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 15 DEGREES 47 MINUTES 30 SECONDS A DISTANCE OF 287.19 FEET TO A POINT TO WHICH A RADIAL LINE BEARS SOUTH 68 DEGREES 47 MINUTES 30 SECONDS EAST, THENCE SOUTH 21 DEGREES 12 MINUTES 30 SECONDS WEST 232,57 FEET TO THE TRUE POINT OF BEGINNING. 28. DEED OF TRUST FOR THE ORIGINAL AMOUNT SHOWN BELOW, AND ANY OTHER AMOUNTS PAYABLE UNDER THE TERMS THEREOF; ORIGINAL AMOUNT ; $2,800 1 000.00 DATED ; AUGUST 24, 1982 RECORDED : SEPTEMBER 10, 1980, OFFICIAL RECORDS INSTRUMENT NO ; 82-282031 - TRUSTOR : CEDRIC E. SANDERS, A MARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY TRUSTEE : CALIFORNIA GENERAL MORTGAGE SERVICE, INC., A CORPORATION BENEFICIARY : GREAT AMERICAN FEDERAL SAVINGS AND LOAN ASSOCIATION, A CORPORATION 28,1 THE ABOVE ITEM AFFECTS PARCELS 3 AND 4 28.2 AGREEMENT ON THE TERMS AND CONDITIONS CONTAINED THEREIN. PURPOSE : ESTOPPEL AND CONSENT AGREEMENT EXECUTED BY : GREAT AMERICAN FEDERAL SAVINGS AND LOAN ASSOCIATION, A FEDERAL ASSOCIATION, ET AL RECORDED : SEPTEMBER 10, 1982, OFFICIAL RECORDS INSTRUMENT NO. : 82-282032 .••• 29. DEED OF TRUST FOR THE ORIGINAL AMOUNT SHOWN BELOW, AND ANY OTHER AMOUNTS PAYABLE UNDER THE TERMS THEREOF; ORIGINAL AMOUNT $2,890,000.00 DATED : AUGUST 16, 1982 RECORDED : SEPTEMBER 10, 1982, OFFICIAL RECORDS INSTRUMENT NO, : 82-282033 TRUSTOR : CEDRIC E. SANDERS, A MARRIED MAN TRUSTEE : TRNSAMERICA TITLE INSURANCE COMPANY, A CALIFORNIA CORPORATION BENEFICIARY : LAKE CALAVERA HILLS ASSOCIATES, A CALIFORNIA LIMITED PARTNERSHIP 29.1 THE ABOVE ITEM AFFECTS PARCEL 2. 29,2 AGREEMENT ON THE TERMS AND CONDITIONS CONTAINED THEREIN. PURPOSE : ESTOPPEL AND CONSNT AGREEMENT EXECUTED BY ; LAKE CALAVERA HILLS ASSOCIATES, A CALIFORNIA LIMITED PARTNERSHIP RECORDED : SEPTEMBER 10, 1982 1 OFFICIAL RECORDS INSTRUMENT NO. : 82-282034 29.3 ASSIGNMENT OF THE BENEFICIAL INTEREST UNDER SAID DEED OF TRUST BY INSTRUMENT; RECORDED : SEPTEMBER 10, 1982, OFFICIAL RECORDS INSTRUMENT NO, : 82-282035 ASSIGNEE : DON N. BOWKER, TRUSTEE OF THE MARTHA KILLEFER TRUST, UNDER TRUST AGREEMENT DATED FEBRUARY 27, 1962 . I • 30. DEED OF TRUST FOR THE ORIGINAL AMOUNT SHOWN BELOW, AND ANY OTHER AMOUNTS PAYABLE UNDER THE TERMS THEREOF; ORIGINAL AMOUNT : $18,390,000.00 DATED : AUGUST 17, 1982 RECORDED : SEPTEMBER 10, 1982, OFFICIAL RECORDS INSTRUMENT NO. : 82-282036 TRUSTOR : CEDRIC E. SANDERS TRUSTEE : TRANSAMERICA TITLE INSURANCE COMPANY BENEFICIARY : VERNON SAVINGS & LOAN ASSOCIATION 31. AN ASSIGNMENT OF CONTRACTS AND SALES PROCEEDS EXECUTED BY CEDRIC E. SANDERS, ASSIGNOR AND VERNON SAVINGS & LOAN ASSOCIATION, A TEXAS SAVINGS AND LOAN ASSOCIATION, ASSIGNEE, RECORDED SEPTEMBER 10, 1982, AS INSTRUMENT NO. 82-282038 AS ADDITIONAL SECURITY FOR THE ABOVE DEED OF TRUST. STATEMENT OF AGREEMENT TENTATIVE SUBDIVISION MAP CITY OF CARLSBAD The Subdivision Map Act and the Carlsbad Municipal Code sets a fifty (50) day time restriction on Planning Commission processing of Tentative Maps and a thirty (30) day time limit for City Council action. These time limits can only be extended by the mutual concurrence of the applicant and the City. By accepting applications for Tentative Maps concurrently with applications for other approvals which are prerequisites to the map; i.e., Environmental Assessment, Environmental Impact Report, Condominium Plan, Planned Unit Development, etc., the fifty (50) day time limits and the thirty (30) day time limits are often exceeded. If you wish to have your application processed concurrently, this agreement must be signed by the applicant or his agent. If you choose not to sign the statement, the City will not accept your application for the Tentative Map until all prior necessary entitlements have been processed and approved. The undersigned-understands that the processing time required by the City may exceed the time limits, therefore the undersigned agrees to extend the time limits for Planning Commission and City Council action and fully concurs with any extensions of time up to one year from the date the application was accepted as complete to properly review all of the applications. September 8, 1983 Date Cedric E. Sanders Owner Name (Print) Relationship to Application (Property Owner-Agent) f/,rr or OCE,4,V5/1iE TIA~ SHORE ESA UNIT 10 2 UNIT NO 5 A? 10. 7671 .iI MAP NO 15 MAP NO e3ps ( S I NOT APART '. /1,1 \ .5- .5. . —7 1. 1• / c. 059 494 ~e 40 v. /03'AC5. 2 •. (. A' 2 N 1" NOT FAFJT Dt c..- . v V, ;I L V - r ,.ftc4 ... 3 . -ir I '. / •.s.J .,. . . -... __.- . ................... .. ' ! C'S - . - ... . .-.. L t)---------e---G-------, . - ....... ., . 6.1 RECORDING REQUESTED BY ) s WHEN RECORDED MAIL TO: ) ) CITY OF CA1LSBAD ) 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. 168-040-18/168-040-31 AGREEMENT BETWEEN DEVELOPER-OWNER - AND THE CITY OF CARLSBAD FOR THE PAYMENTOFAPUBLIC FACILITIESFEE THIS AGREEMENT is entered into this 19day of July, 19 83 by and between CEDRICE.SANDEPSdbaCALAVERA HILLS CO MPANY (name of developer-owner) a soleowner _, hereinafter referred to as Tcorporation, partnership, etc.) "Developer" whose address is 110 West C Street, Suite 1220 , (stet) San Diego, California 92101 and THE CITY OF 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. W I T N B S S B T H: 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 adevelopment project as follows: residential REV 4-2-82 S on said Property, which development carries the proposed name of CALAVERA HILLS and is hereafter referred to as ."Development"; and WHEREAS Developer filed on the 19 day of July 19 83 , with the City a request for Tentative Map 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 theCity 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 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 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 NOW, THEREFORE,16 consideration of the reals 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 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 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 t', "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 permit 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 mobilehotne 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 . . 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. 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 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. -4- . . .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 of personal delivery thereof to the City or by depositing same in the United States Hail, 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 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 writing 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- . S 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 CALAVERA HI LLS-ONPANY (n am e) BY 4 4_.--- teIrtc E. Sand Owner i BY - City Manager I- '1) E co 0 C 00 C,) BY __(T it 1 e) ATTEST: ALETHA L. RAUTENKRANZ, City Clerk APPROVED AS TO FORM: STATE OF CALIFORNIA }ss. COUNTYOF SAN DIEGO on Jul 20, 1983 _______before me, the undersigned, a Notary Public in and for Sanders said State, personally appeared Cedric E. must be personally known to me (or proved to me on the basis of satis- factory evidence) to be the person(A whose name is/NX OFFICIAL SEAL scribed to the within instrument and acknowledged to me that IN 4 1:f SHARON WESTERN NOTARY PtJF3IJC - CALIFORNIA he/'1(executed the same. SAN DIEGO COUNTY My comm. expires JAN 31, 1987 WITNESS my hand and official seal. Signature - (This area for official notarial seal) N FORM NO. O4 REVISED 10.73 FOR USE WITH ALTA LOAN POLICY-1970 AND ALTA NSTRUCTION LOAN POLICY-1975 WITH STREET IMPROVEMENT ASSESSMENT COVERAGE. FOR USE WITH CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY FORM-1973 SCHEDULE A—Continued The land referred to in this policy is situated in the State of California, County of SAN DIEGO, CITY OF CARLSBAD , and is described as follows: PARCEL 1: ALL THAT PORTION OF LOTS RD" AND "E" OF THE RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO NAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF BAY SHORE, UNIT NO. 2 1 ACCORDING TO NAP THEREOF NO. 7671, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON JUNE 20, 1973, SAID POINT ALSO BEING THE NORTHEAST CORNER OF LAND SHOWN ON THE MAP OF CARLSBAD TRACT NO. 76-12, ACCORDING TO MAP THEREOF NO 9935, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON DECEMBER 16, 1980; THENCE ALONG THE BOUNDARY OF SAID LAND SHOWN ON SAID-MAP NO. 9935 THE FOLLOWING COURSES SOUTH 1 DEGREE 57 MINUTES 58 SECONDS WEST, 610.73 FEET; THENCE NORTH 14 DEGREES 18 MINUTES 41 SECONDS WEST, 173.76 FEET; -THENCE SOUTH 55 DEGREES 37 MINUTES 57 SECONDS WEST, 223.84 FEET; THENCE SOUTH 6 DEGREES 48 MINUTES 26 SECONDS WEST, 453.90 FEET: THENCE SOUTH 23 DEGREES 20 MINUTES 54 SECONDS WEST, 177.99 FEET; THENCE SOUTH 67 DEGREES 31 MINUTES 58 SECONDS WEST, 104.70 FEET; THENCE SOUTH 6 DEGREES 54 MINUTES 14 SECONDS WEST, 213.64 FEET; THENCE SOUTH 35 DEGREES 11 MINUTES 24 SECONDS WEST, 151.63 FEET; THENCE NORTH 72 DEGREES 22 MINUTES 50 SECONDS WEST, 179.35 FEET; THENCE NORTH 59 DEGREES 48 MINUTES 28 SECONDS WEST, 131.06 FEET; THENCE NORTH 10 DEGREES 25 MINUTES 27 SECONDS WEST, 66.60 FEET; THENCE NORTH 79 DEGREES 40 MINUTES 12 SECONDS WEST, 118.90 FEET; THENCE NORTH 43 DEGREES 09 MINUTES 20 SECONDS WEST, 153.79 FEET; THENCE NORTH 81 DEGREES 24 MINUTES 45 SECONDS WEST, 96.91 FEET; THENCE SOUTH 7 DEGREES 41 MINUTES 08 SECONDS WEST, 190.89 FEET; THENCE SOUTH 8 DEGREES 22 MINUTES 30 SECONDS EAST, 203.47 FEET; THENCE SOUTH 28 DEGREES 31 MINUTES 33 SECONDS EAST, 372.41 FEET; THENCE SOUTH 13 DEGREES 32 MINUTES 45 SECONDS WEST 98.54 FEET; THENCE SOUTH 59 DEGREES 25 MINUTES 45 SECONDS WEST, 133.52 FEET; THENCE SOUTH. 15 DEGREES 39 MINUTES 32 SECONDS WEST, 167.59 FEET; THENCE LEAVING SAID BOUNDARY OF LAND SHOWN ON MAP NO. 9935 SOUTH 29 DEGREES 25 MINUTES 01 SECONDS WEST, 4,676.56 FEET, THENCE NORTH 89 DEGREES 25 MINUTES 10 SECONDS WEST, 171.23 FEET; THENCE NORTH 29 DEGREES 25 MINUTES 01 SECONDS EAST, 1,669.10 FEET; THENCE NORTH 24 DEGREES 13 MINUTES 39 SECONDS WEST, 1,445.24 FEET TO THE BEGINNING OF A TANGENT 1,000.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE ..•. NORTHWESTERLY, NORTHERLY AND NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 53 DEGREES 54 MINUTES 39 SECONDS A DISTANCE OF 940.92 FEET; THENCE LEAVING SAID CURVE SOUTH 76 DEGREES 25 MINUTES 02 SECONDS EAST, 420.51 FEET; THENCE SOUTH 58 DEGREES 08 MINUTES 02 SECONDS EAST, 435.66 FEET; THENCE SOUTH 2 DEGREES 23 MINUTES 09 SECONDS WEST, 240.21 FEET; THENCE SOUTH 44 DEGREES 21 MINUTES 23 SECONDS EAST, 647.96 FEET; THENCE NORTH 29 DEGREES 25 MINUTES 01 SECONDS EAST, 2 1 165.74 FEET; THENCE NORTH 28 DEGREES 31 MINUTES 33 SECONDS WEST, 166.53 FEET; THENCE NORTH 8 DEGREES 22 MINUTES 30 SECONDS 209,84 FEET; THENCE NORTH 7 DEGREES 41 MINUTES 08 SECONDS EAST, 194.03 FEET; THENCE NORTH 81 DEGREES 24 MINUTES 45 SECONDS WEST, 33.00 FEET; THENCE SOUTH 74 DEGREES 26 MINUTES 40 SECONDS WEST, 429.98 FEET; THENCE SOUTH 45 DEGREES 51 MINUTES 00 SECONDS WEST, 350.01 FEET; THENCE SOUTH 14 DEGREES 56 MINUTES 53 SECONDS WEST, 740.00 FEET; THENCE SOUTH 56 DEGREES 46 MINUTES 53 SECONDS WEST, 400.00 FEET; THENCE NORTH 73 DEGREES 43 MINUTES 07 SECONDS WEST, 200.00 FEET; THENCE NORTH 24 DEGREES 13 MINUTES 07 SECONDS WEST, 210.00 FEET; THENCE NORTH 53 DEGREES 03 MINUTES 07 SECONDS WEST, 425.00 FEET; TO THE PROPOSED CENTERLINE OF COLLEGE BOULEVARD PER IMPROVEMENT PLANS ON FILE IN THE OFFICE OF THE CITY ENGINEER OF THE CITY OF THE CITY OF CARLSBAD; THENCE ALONG SAID PROPSED CENTERLINE NORTH 36 DEGREES 56 MINUTES 53 SECONDS EAST, 909.05 FEET TO THE BEGINNING OF A TANGENT 1 1 000.00 FOOT RADIUS CURVE CONCAVE WESTERLY, THENCE ALONG THE ARC OF SAID CURVE NORTHEASTERLY, NORTHERLY AND NORTHWESTERLY THROUGH A CENTRAL ANGLE OF 75 DEGREES 55 MINUTES 53 SECONDS A DISTANCE OF 1 1 325.25 FEET; THENCE TANGENT TO SAID. CURVE AND CONTINUING ALONG SAID PROPOSED CENTERLINE NORTH 38 DEGREES 59 MINUTES 00 SECONDS WEST, 25.26 FEET TO THE NORTH BOUNDARY OF LAND SHOWN ON SAID MAP NO. 9935; THENCE LEAVING SAID PROPOSED CENTERLINE ALONG SAID NORTH BOUNDARY NORTH .89 DEGREES 19 MINUTES 35 SECONDS EAST, 2,549.27 FEET TO THE POINT OF BEGINNING. PARCEL 2: THAT PORTION OF LOTS UD*I AND "J" OF THE RANCHO AGUA HEDIONDA IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE PARTITION NAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: S .• BEGINNING AT A POINT IN THE NORTH BOUNDARY OF LAND SHOWN ON MAP NO. 9935, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON DECEMBER 16, 1980, SAID POINT BEARS SOUTH 89 DEGREES 19 MINUTES 35 SECONDS WEST, 2 1 580.39 FEET FROM THE NORTHEAST CORNER OF SAID LAND SHOWN ON MAP NO. 9935; THENCE ALONG SAID NORTH BOUNDARY NORTH 89 DEGREES 19 MINUTES 35 SECONDS EAST, 31.12 FEET; THENCE LEAVING SAID NORTH BOUNDARY SOUTH 38 DEGREES 59 MINUTES 00 SECONDS EAST, 25.26 FEET TO THE BEGINNING OF A TANGENT 1,000.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE SOUTHEASTERLY, SOUTHERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 75 DEGREES 55 MINUTES 53 SECONDS A DISTANCE OF 1,325.25 FEET; THENCE TANGENT TO SAID CURVE SOUTH 36 DEGREES 56 MINUTES 53 SECONDS WEST, 909.95 FEET; THENCE SOUTH 53 DEGREES 03 MINUTES 07 SECONDS EAST, 425.00 FEET; THENCE SOUTH 24 DEGREES 13 MINUTES 07 SECONDS EAST, 210.00 FEET; THENCE SOUTH 73 DEGREES 43 MINUTES 07 SECONDS EAST, 200.00 FEET; THENCE NORTH 56 DEGREES 46 MINUTES 53 SECONDS EAST, 400.00 FEET;. THENCE NORTH 14 DEGREES 56 MINUTES 53 SECONDS EAST, 740.00 FEET; THENCE NORTH 45 DEGREES 51 MINUTES 00 SECONDS EAST, 350.01 FEET, THENCE NORTH 74 DEGREES 26 MINUTES 40 SECONDS EAST, 429,98 FEET; THENCE SOUTH 81 DEGREES 24 MINUTES 45 SECONDS EAST, 33.00 FEET; THENCE PARALLEL WITH AND 20.00 FEET WESTERLY, MEASURED AT RIGHT ANGLES,' FROM THE EASTERLY BOUNDARY OF LAND SHOWN ON SAID MAP NO. 9935, SOUTH 7 DEGREES 41 MINUTES 08 SECONDS WEST, 194.03 FEET; THENCE SOUTH 8 DEGREES 22 MINUTES 30 SECONDS EAST 209.84 FEET; THENCE SOUTH 28 DEGREES 31 MINUTES 33 SECONDS EAST, 166.53 FEET; THENCE LEAVING SAID PARALLEL COURSES SOUTH. 29 DEGREES 25 MINUTES 01 SECONDS WEST, 2,165.74 FEET; THENCE NORTH 44 DEGREES 21 MINUTES 23 SECONDS WEST, 647.96 FEET; THENCE NORTH 2 DEGREES 23 MINUTES 09 SECONDS EAST, 240.21 FEET; THENCE NORTH 58 DEGREES 08 MINUTES 02 SECONDS WEST, 435.66 FEET; THENCE NORTH 76 DEGREES 25 MINUTES 02 SECONDS WEST, 420.51 FEET; TO THE PROPOSED CENTERLINE OF COLLEGE BOULEVARD PER IMPROVEMENT PLANS ON FILE IN THE OFFICE OF THE CITY ENGINEER OF THE CITY OF CARLSBAD, SAID POINT BEING THE BEGINNING OF A 1,000.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH. 60 DEGREES 19 MINUTES 01 SECONDS WEST; THENCE SOUTHERLY ALONG SAID PROPOSED CENTERLINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 13 DEGREES 32 MINUTES 52 SECONDS A DISTANCE OF 236.45 FEET TO THE PROPOSED CENTERLINE OF ELM AVENUE AS SHOWN ON SAID IMPROVEMENT PALNS, A RADIAL LINE TO SAID POINT BEARS NORTH 73 DEGREES 51 MINUTES 53 SECONDS WEST, THENCE LEAVING SAID CURVE ALONG SAID PROPOSED CENTERLINE OF ELM AVENUE AND THE PROLONGATION OF SAID RADIAL LINE NORTH 73 DEGREES 51 MINUTES 53 SECONDS WEST, 155.70 FEET TO THE BEGINNING OF A TANGENT 1,000.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE NORTHWESTERLY, WESTERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTERLINE ANGLE OF 34 DEGREES 45 MINUTES 19 SECONDS, A DISTANCE OF I . 606.59 FEET; THENCE TANGENT TO SAID CURVE SOUTH 71 DEGREES 22 MINUTES 48 SECONDS WEST, 825.88 FEET TO THE BOUNDARY OF LAND DESCRIBED IN DEED TO TREETOPS UNLIMITED, RECORDED MARCH 26, 1980, AS FILE/PAGE NO. 80-102577 OFFICIAL RECORDS; THENCE LEAVING SAID PROPOSED CENTERLINE ALONG THE BOUNDARY OF SAID TREETOPS LAND THE FOLLOWING COURSES NORTH 18 DEGREES 37 MINUTES 12 SECONDS WEST, 310.00 FEET; THENCE NORTH 31 DEGREES 37 MINUTES 23 SECONDS WEST, 372.70 FEET; THENCE NORTH 1 DEGREE 04 MINUTES 50 SECONDS EAST, 105.00 FEET; THENCE NORTH 79 DEGREES 14 MINUTES 50 SECONDS EAST, 650.00 FEET; THENCE SOUTH 87 DEGREES 15 MINUTES 10 SECONDS EAST, 740.00 FEET; THENCE SOUTH 71 DEGREES 31 MINUTES 39 SECONDS EAST, 651.98 FEET TO THE AFORESAID PROPOSED CENTERLINE OF COLLEGE BOULEVARD; THENCE ALONG SAID PROPOSED CENTERLINE AND CONTINUING ALONG SAID TREETOPS BOUNDARY NORTH 29- DEGREES 40 MINUTES 59 SECONDS EAST, 420.00 FEET; THENCE LEAVING SAID PROPOSED CENTERLINE AND CONTINUING ALONG SAID TREETOPS BOUNDARY NORTH 59 DEGREES 02 MINUTES 50 SECONDS WEST, -373.81 FEET; THENCE NORTH 80 DEGREES 35 MINUTES 00 SECONDS WEST, 1 1 240.00 FEET; THENCE NORTH 21 DEGREES 05 MINUTES 00 SECONDS WEST, 444.98 FEET TO THE BEGINNING OF A TANGENT 50.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE CLOCKWISE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE. OF 129 DEGREES 05 MINUTES 00 SECONDS A DISTANCE OF 112.65 . FEET; THENCE TANGENT TO SAID CURVE SOUTH 72 DEGREES 00 MINUTES 00 SECONDS EAST, 88.57 FEET TO THE BEGINNING OF A TANGENT 50.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE COUNTER-CLOCKWISE ALONG THE ARC 0F SAID CURVE THROUGH A CENTRAL ANGLE OF 79 DEGREES 58 MINUTES 09 SECONDS A DISTANCE OF 69,79 FEET TO A POINT OF REVERSE CURVATURE WITH A 2 1 000.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL LINE OT SAID POINT FROM SAID 2,000,00 FOOT RADIUS CURVE BEARS NORTH 61 DEGREES 58 MINUTES 09 SECONDS WEST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 15 DEGREES 42 MINUTES 33 SECONDS A DISTANCE OF 548.35 FEET TO A POINT IN THE ARC OF SAID CURVE TO WHICH A RADIAL LINE BEARS NORTH 46 DEGREES 15 MINUTES 36 SECONDS WEST; THENCE LEVAING SAID CURVE NORTH 59 DEGREES 51 MINUTES 59 SECONDS EAST, 804.25 FEET (.RECORD=804.26 FEET1; THENCE NORTH 13 DEGREES 27 MINUTES 33 SECONDS WEST CRECORDNORTH 13 DEGREES 37 MINUTES 33 SECONDS WEST), 360.00 FEET TO THE NORTH BOUNDARY OF SAID LAND SHOWN ON SAID NAP NO. 9935; THENCE LEAVING SAID TREETOPS BOUNDARY ALONG SAID NORTH BOUNDARY OF SAID NAP NO. 9935 NORTH 89 DEGREES 19 MINUTES 04 SECONDS EAST, 1113.60 FEET; TO THE POINT OF BEGINNING. S S EXCEPTING FROM THE ABOVE DESCRIBED PARCEL OF LAND THAT PORTION THEREOF CONVEYED TO CARLSBAD MUNICIPAL WATER DISTRICT BY DEED RECORDED JANUARY 9, 1967 AS DOCUMENT NO. 2637, SERIES 8, BOOK 1967, OFFICIAL RECORDS. PARCEL 3: THAT PORTION OF LOTS "Dtt, "E" AND "J" OF THE RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE PARTITION MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 140 OF CARLSBAD TRACT NO. 76-12 1 ACCORDING TO MAP THEREOF NO. 9935, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON DECEMBER 16, 1980; THENCE ALONG THE BOUNDARY OF SAID LOT 140 NORTH 1 DEGREE 42 MINUTES 41 SECONDS EAST, 610.00 FEET; THENCE CONTINUING ALONG SAID BOUNDARY NORTH 23 DEGREES 15 MINUTES 45 SECONDS WEST, 720.30 FEET TO THE BOUNDARY OF LAND CONVEYED TO TREETOPS UNLIMITED BY DEED RECORDED MARCH 26, 1980, AS FILE/PAGE NO. 80-102577, OFFICIAL RECORDS; THENCE ALONG THE BOUNDARY OF SAID TREETOPS LAND THE FOLLOWING COURSES SOUTH 78 DEGREES 14 MINUTES 59 SECONDS EAST, 319.91 FEET; THENCE SOUTH 48 DEGREES 43 MINUTES 39 SECONDS.EAST, 335.00 FEET; THENCE NORTH 48 DEGREES 46 MINUTES 21 SECONDS EAST, 250.00 FEET; THENCE SOUTH 81 DEGREES 13 MINUTES 39 SECONDS EAST, 210.00 FEET; THENCE NORTH 8 DEGREES 46 MINUTES 21 SECONDS EAST, 980.00 FEET Q.ECORD=NORTa 8 DEGREES 46 MINUTES 24 SECONDS EAST, 980.08 FEET1; THENCE LEAVING.SAID TREETOPS LAND SOUTH 24 DEGREES 13 MINUTES 39 SECONDS EAST, 675.24 FEET; THENCE SOUTH 29 DEGREES 25 MINUTES 01 SECONDS WEST, 1,669.10 FEET; THENCE SOUTH 89 DEGREES 25 MINUTES 10 SECONDS EAST, 171.23 FEET; THENCE NORTH 29 DEGREES 25 MINUTES 01 SECONDS EAST, 4,676.56 FEET; THENCE NORTH 29 DEGREES 25 MINUTES 01 SECONDS EAST, 4,676.56 FEET TO THE EAST BOUNDARY OF LAND SHOWN ON SAID MAP NO. 9935; THENCE ALONG SAID EAST BOUNDARY THE FOLLOWING COURSES SOUTH 15 DEGREES 39 MINUTES 32 SECONDS WEST, 185.19 FEET; THENCE SOUTH 57 DEGREES 49 MINUTES 13 SECONDS EAST, 56.58 FEET; THENCE SOUTH 0 DEGREES 21 MINUTES 05 SECONDS WEST, 2,179.90 FEET; THENCE NORTH 89 DEGREES 36 MINUTES 23 SECONDS WEST, 265.56 FEET; THENCE SOUTH 1 DEGREE 15 MINUTES 07 SECONDS WEST, 150.30 FEET; THENCE SOUTH 9 DEGREES 46 MINUTES 50 SECONDS WEST, 112.79 FEET; THENCE SOUTH 20 DEGREES 53 MINUTES 19 SEONDDS WEST, 126.01 FEET; THENCE SOUTH 14 DEGREES 40 MINUTES 43 SECONDS WEST, 57.10; THENCE SOUTH 7 DEGREES 13 MINUTES 27 SECONDS WEST, 135.34 FEET; THENCE SOUTH 11 DEGREES 36 MINUTES 18 SECONDS WEST, 65.24 FEET, THENCE SOUTH 14 DEGREES 41 MINUTES 25 SECONDS WEST, 159.68 FEET; THENCE SOUTH 21 DEGREES 39 MINUTES 05 SECONDS WEST, 190.34 FEET; THENCE SOUTH 13 DEGREES 43 MINUTES 35 SECONDS WEST 781.82 FEET TO •THE SOUTHEAST CORNER OF SAID LAND SHOWN ON MAP NO. 9935; THENCE ALONG THE SOUTH BOUNDARY OF SAID NORTH 89 DEGREES 25 MINUTES 10 SECONDS WEST, 2,080.08 FEET TO THE POINT OF BEGINNING. . I PARCEL 4: THAT PORTION OF LOTS 11 D8 , 'E" AND UJ OF THE RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE PARTITION NAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF LOT 1 OF CARLSBAD TRACT NO. 76-12 ACCORDING TO MAP THEREOF NO. 9935, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON DECEMBER16, 1980, SAID POINT BEING IN THE ARC OF A 642.00-FOOT RADIUS CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 63 DEGREES 53 MINUTES 10 SECONDS EAST: THENCE SOUTHWESTERLY ALONG THE BOUNDARY.OF SAID CARLSBAD TRACT NO. 76-12 AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 10 DEGREES 53 MINUTES 10 SECONDS A DISTANCE OF 121.98 FEET; THENCE TANGENT TO SAID CURVE SOUTH 37 DEGREES 00 MINUTES 00 SECONDS WEST, 702.00 FEET TO THE BEGINNING .OF A.-TANGENT 958.00-FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE CONTINUING SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 15 DEGREES 47 MINUTES 30 SECONDS A DISTANCE OF 264.00 FEET; THENCE TANGENT TO SAID CURVE SOUTH 21 DEGREES 12 MINUTES 30 SECONDS WEST, 455.73 FEET; THENCE LEAVING THE BOUNDARY 0F SAID CARLSBAD TRACT NO. 76-12 NORTH 0 DEGREES 34 MINUTES 50 SECONDS EAST, 944.01 FEET; THENCE NORTH 89 DEGREES 25 MINUTES 10 SECONDS WEST, 300.00 FEET; THENCE SOUTH 0 DEGREES 34 MINUTES 50 SECONDS WEST, 660.00 FEET TO THE BOUNDARY OF LAND SHOWN ON SAID MA.? NO, 9935; THENCE ALONG THE BOUNDARY OF SAID LAND THE FOLLOWING COURSES NORTH 89 DEGREES 25 MINUTES 10 SECONDS WEST 317.25 FEET; THENCE NORTH 0 DEGREES 34 MINUTES 50 SECONDS EAST, 987.75 FEET; THENCE NORTH 24 DEGREES 22 MINUTES 57 SECONDS WEST, 1 1 829.13 FEET; THENCE NORTH 24 DEGREES 25 MINUTES 34 SECONDS WEST 1 1 805.09 FEET; THENCE NORTH 70 DEGREES 04 MINUTES 37 SECONDS EAST, 515.00 FEET; THENCE LEAVING SAID BOUNDARY SOUTH 42 DEGREES 45 MINUTES 55 SECONDS EAST, 95.64 FEET; THENCE SOUTH 43 DEGREES 00 MINUTES 00 SECONDS EAST, 380.00 FEET; THENCE SOUTH 3 DEGREES 30 MINUTES 00 SECONDS EAST, 190.00 FEET; THENCE SOUTH 31 DEGREES 30 MINUTES 00 SECONDS EAST, 360.00 FEET; THENCE SOUTH 15 DEGREES 00 MINUTES 00 SECONDS EAST, 140.00 FEET TO THE BOUNDARY OF LAND CONVEYED TO TREETOPS UNLIMITED BY DEED RECORDED JUNE 19 1 1979, AS FILE/PAGE NO. 79-252293, OFFICIAL RECORDS; THENCE ALONG SAID BOUNDARY NORTH 70 DEGREES 04 MINUTES 37 SECONDS EAST, 699.57 FEET TO THE BOUNDARY 0F LAND CONVEYED TO TREETOPS UNLIMITED BY DEED RECORDED MARCH 26, 1980 AS FILE/PAGE NO. 80-102577; THENCE ALONG SAID BOUNDARY THE FOLLOWING COURSES SOUTH 16 DEGREES 49 MINUTES 53 SECONDS EAST, 218.38 FEET; THENCE SOUTH 26 DEGREES 10 MINUTES 23 SECONDS EAST, 500.00 FEET; THENCE SOUTH 85 DEGREES S . 29 MINUTES 37 SECONDS WEST, 480.00 FEET; THENCE NORTH 39 DEGREES 00 MINUTES 23 SECONDS WST, 372.00 FEET; THENCE NORTH 13 DEGREES 46 MINUTES 34 SECONDS WEST, 176.94 FEET; THENCE LEAVING SAID TREETOPS LAND SOUTH 70 DEGREES 04 MINUTES 37 SECONDS WEST, 167.64 FEET TO THE WEST BOUNDARY OF LAND CONVEYED TO SAID TREETOPS UNLIMITED BY SAID DEED RECORDED AT FILE/PAGE NO. 80-102577; THENCE SOUTH 28 DEGREES 37 MINUTES 41 SECONDS EAST, 482.64 FEET; THENCE SOUTH 2 DEGREES 54 MINUTES 50 SECONDS WEST, 350.00 FEET; THENCE SOUTH 17 DEGREES 25 MINUTES 10 SECONDS EAST, 430.00 FEET; THENCE SOUTH 24 DEGREES 25 MINUTES 10 SECONDS EAST,-490.00 FEET; THENCE SOUTH 10 DEGREES 43 MINUTES 01 SECONDS EAST, 257.35 FEET; THENCE SOUTH 24 DEGREES 25 MINUTES 10 SECONDS EAST, 430.00 FEET; THENCE SOUTH 48 DEGREES 05 MINUTES 12 SECONDS EAST, 200.00 FEET, THENCE SOUTH 24 DEGREES 25 MINUTES 10 SECONDS EAST, 300.00 FEET; THENCE NORTH 59 DEGREES 09 MINUTES EAST, 587.00 FEET; THENCE NORTH 43 DEGREES 29 MINUTES 50 SECONDS EAST, 339.00 FEET; THENCE SOUTH 8G DEGREES 08 MINUTES 50 SECONDS EAST, 71.22 FEET TO A POINT IN THE ARC OF A 1 1 000 FOOT RADIUS CURVE CONCAVE WESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 75 DEGREES 17 MINUTES 40 SECONDS EAST; THENCE NORTHEASTERLY, NORTHERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 33 DEGREES 19 MINUTES 32 SECONDS A DISTANCE.-OF 581.64 FEET; THENCE TANGENT TO SAID' CURVE NORTH 18 DEGREES 37 MINUTES 12 SECONDS WEST, 273.62 FEET TO THE PROPOSED CENTERLINE OF ELM AVENUE PER THE IMPROVEMENTPLANS ON FILE IN THE OFFICE OF THE CITY ENGINEER OF THE CITY OF CARLSBAD; THENCE LEAVING THE BOUNDARY OF SAID TREETOPS UNLIMITED LAND ALONG SAID PROPOSED CENTERLINE NORTH 71 DEGREES 22 MINUTES 48 SECONDS EAST, 825.88 FEET TO THE BEGINNING OF A TANGENT 1 1 000.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE NORTHEASTERLY, EASTERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID . CURVE THROUGH A CENTRAL ANGLE OF 34 DEGREES 45 MINUTES 19 SECONDS A DISTANCE OF 606.59 FEET; THENCE TANGENT TO SAID CURVE SOUTH 73 DEGREES 51 MINUTES 53 SECONDS EAST, 153.70 FEET TO THE PROPOSED CENTERLINE OF COLLEGE BOULEVARD AS SHOWN ON SAID IMPROVEMENT PLANS, SAID POINT BEING IN THE ARC OF A 1,000.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 73 DEGREES 51 MINUTES 53 SECONDS EAST; THENCE LEAVING SAID PROPOSED CENTERLINE SOUTHWESTERLY AND SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 23 DEGREES 04 MINUTES 30 SECONDS A DISTANCE OF 402.74 FEET TO A POINT IN THE ARC OF SAID CURVE TO WHICH A RADIAL LINE BEARS SOUTH 83 DEGREES 03 MINUTES 38 SECONDS WEST, SAID POINT ALSO BEING IN THE BOUNDARY OF LAND CONVEYED TO TREETOPS UNLIMITED BY DEED RECORDED MARCH 26, 1980, AS FILE/PAGE NO. 80-102577; OFFICIAL RECORDS; THENCE LEAVING SAID CURVE ALONG THE BOUNDARY OF SAID TREETOPS LAND SOUTH 69 DEGREES 28 MINUTES 42 SECONDS WEST, 751.12 FEET; THENCE SOUTH 7 DEGREES 33 MINUTES 07 SECONDS EAST, 19.69 FEET (RECORD=SOUTH 7 DEGREES 27 MINUTES 26 SECONDS WEST, 19.77 FEET) TO THE BEGINNING OF A NON-TANGENT 680.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 70 DEGREES 30 MINUTES 40 SECONDS WEST; THENCE SOUTHEASTERLY, SOUTHERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID OS , S. CURVE THROUGH A CENTRAL ANGLE OF 92 DEGREES 09 MINUTES 20 SECONDS A DISTANCE OF 1 ?09-3,72 FEET TO THE BOUNDARY OF SAID CARLSBAD TRACT NO, 76-12, A RADIAL LINE TO SAID POINT BEARS SOUTH 17 DEGREES 20 MINUTES 00 SECONDS EAST; THENCE LEAVING SAID CURVE AND SAID TREETOPS LAND ALONG THE BOUNDARY OF SAID CARLSBAD TRACT NO. 76-12 THE FOLLOWING COURSES NORTH 34 DEGREES 33 MINUTES 00 SECONDS WEST, 127.12 FEET; THENCE NORTH 60 DEGREES 37 MINUTES 32 SECONDS WEST, 250.22 FEET TO THE POINT OF BEGINNING. EXCEPTING FROM THE ABOVE DESCRIBED PARCEL OF LAND THAT PORTION THEREOF CONVEYED TO CARLSBAD MUNICIPAL WATER DISTRICT BY DEED RECORDED JANUARY 9, 1967 AS DOCUMENT NO. 2642, SERIES 8 1 BOOK 1967, OFFICIAL RECORDS. . CURVE THROUGH A CENTRAL ANGLE OF 92 DEGREES 09 MINUTES 20 SECONDS A DISTANCE OF 1,093,72 FEET TO THE BOUNDARY OF SAID CARLSBAD TRACT NO. 76-12, A RADIAL LINE TO SAID POINT BEARS SOUTH 17 DEGREES 20 MINUTES 00 SECONDS EAST; THENCE LEAVING SAID CURVE AND SAID TREETOPS LAND ALONG THE BOUNDARY OF SAID CARLSBAD TRACT NO, 76-12 THE FOLLOWING COURSES NORTH 34 DEGREES 33 MINUTES 00 SECONDS WEST, 127.12 FEET; THENCE NORTH 60 DEGREES 37 MINUTES 32 SECONDS WEST, 250.22 FEET TO THE POINT OF BEGINNING. EXCEPTING FROM THE ABOVE DESCRIBED PARCEL OF LAND THAT PORTION THEREOF CONVEYED TO CARLSBAD MUNICIPAL WATER DISTRICT BY DEED RECORDED JANUARY 9, 1967 AS DOCUMENT NO. 2642, SERIES 8 1 BOOK 1967, OFFICIAL RECORDS. / 1983 te c)OF I) 3 STATEMENT OF AGREEMENT TENTATIVE SUBDIVISION MAP CITY OF CARLSBAD The Subdivision Map Act and the Carlsbad Municipal Code sets a fifty (50) day time restriction on Planning Commission processing of Tentative Maps and a thirty (30) day time limit for City Council action. These time limits can only be extended by the mutual concurrence of the applicant and the City. By accepting applications for Tentative Maps concurrently with applications for other approvals which are prerequisites to the map; i.e., Environmental Assessment, Environmental Impact Report, Condominium Plan, Planned Unit Development, etc., the fifty (50) day time limits and the thirty (30) day time limits are often exceeded. If you wish to have your application processed concurrently, this agreement must be signed by the applicant or his agent. If you choose not to sign the statement, the City will not accept your application for the Tentative Map until all prior necessary entitlements have been processed and approved. The undersigned understands that the processing time required by the City may exceed the time limits, therefore the undersigned agrees to extend the time limits for Planning Commission and City Council action and fully concurs with any extensions of time up to one year from the date the application was accepted as complete to properly review all of the applications. Cedric E. Sanders - Owner Name (Print) Relationship to Application (Property Owner-Agent) RECORDING REQUESTED BY 't ) WHEN 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. 168—O40-18/168—O4 AGREE{ENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this 19 - day of July , 19 83 by and between CEDRIC E. SANDEBS dba CALAVIRA HILLS COMPANY (name of developer-owner) a sole owner , hereinafter referred to as (Corporation, partnership, etc.): "Developer" whose address is -110 West C Street, Suite 1220, - (street) San Diego, California 92101 - 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. W I T N E S S E T H:' - 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 adevelopment project as follows: residential REV 4-2-82 P'os7 S - on said Property, whicevelopment carries the pposed name of CALAVERA HILLS and is hereafter referred to as ."Development"; and WHEREAS, Developer filed on the 19 day of July 31 1983 , with the City a request for Tentative Map r-347, 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 a7 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 service.s 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 to help satisfy the General Plan as implemented by Council Policy No. 17 by payment of a public facilities fee. REV 4-2-82 - NOW, THEREFORE, consideration of the reals 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 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 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, 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 permit 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 mobilehome space to be constructed pursuant to the Request. The fee shall be paid prior tq 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 3 .•• .• 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. 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 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. 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. . All obligati hereunder shall terminain 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 of personal delivery thereof to the City or by depositing same in the United States Nail ) addressed to the City at the address set forth herein, enclosed in a sealed envelope, add-ressed 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 Nail, 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 writing 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 51 Mi . 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 CALAVERA HILJ..&-OMPANY (name) -"..-- BY 4 37c— -Cedric E.E. Sande BY City Manager Owner IF (Title) - BY a C C) a) E C)) LL. Ca > I (Title) ATTEST: ALETHA L. RAUTENKRANZ, City Clerk APPROVED AS TO FORM: STATE OF CALIFORNIA Iss. COUNTY OF.'__ SAN DIEGO On July 20, 1983 before me, the undersigned, a Notary Public in and for said State, personally appeared Cedric E. Sanders personally known to me (or proved to me on the basis of satis- factory evidence) to be the person(4 whose name is/sub- OFFICIAL SEAL scribed to the within instrument and acknowledged to me that he/ qCexecuted the same. SHARON WESTERN NOTARY PUBLIC - CALIFORNIA SAN DIEGO cowm' My comm. expires JAil 31, 1981 WITNESS my hand and official seal. Signature _OIT.229't" (This area for official notarial seal) must be - EXHIBIT 'A" LEGAL DESCRIPTION A portion of Lots "D", T'E" and TtJVt of the Rancho Agua Hedionda, City of Carlsbad, County of San Diego. r 7 ASSESSOR'S PARCEL NUMBERS 167-100-50 168-040-14 168-04.0-18 168-040-21 168-040-22 168-040-23 168-050-27 208-010-05 POOR QUALITY ORIGINAL (S) CITY OF CARLSBAD 1k.,J ELM AVENUE • CARLSBAD, CALIFORNIA 92008 (714) 438-5551 RECEIVED FROM < DATE-!__ CITY OF CARLSBAD 1200 ELM AVENUE • CARLSBAD, CALIFORNIA 92009 (714) 438-5551 RECEIVED FROM •//v If after the information you have submitted has been reviewed, it is Qetermined ",that further information required, you will be so advised.. APPLICANT: Calavera Hills Company . Name (individual, partnership, joint venture, corporation, syndication) 110 West C street, Suite 1220,. San Diego, California 92101 Business Address .. . (619) 235-9180 . Telephone Number 0 . • AGENT: Name . . • . •:. . Business Address . •. : : Telephone Number - • • • . .. • - ..... 2017 •CminitoCircuio Norte • frERS: Cedric E. Sanders La Jolla, California 92037 Name '(individual,-partner, joint irome Address • . venture, corporation, syndication) . 110 West C Street, Suite 1220, San Diego, Californ.La 92101 Business Address. • . (619) 235-9180 . (619) :459-7216 Telephone Nuer Telephone gunther • . - . . . . . . Home Address Business Address Telephone Number . - . . 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 bing true and correct until amended. • CALAVRA HILLS COMPANY Applicant