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HomeMy WebLinkAboutCT 98-07; Lincoln North Pointe; Tentative Map (CT) (9)\ . 2776 Recording Requested By An*sj When Recorded Return T W9/LNP Real Estate Limited Partnership c/o Legacy Partners Commercial, Inc. 1 6745 W. Bernardo Drive San Diego, California 92127 Attention: Mr. Gary Kate DOC # 2000-0329407 JUN 22, 2OOQ 1O:59 OFFICIAL RECORDS 8AK DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMTH. COUNTY fcCORDER FEES: 426.00 WY: 2 2000-0328407 (Above Space for Rccotdert Use Only) DECLARATION OF EASEMENTS AND DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS This Declaration of Easements and Declaration of Covenants, Conditions and Restrictions (the "Declaration") is made as of this JHntday of June, 2000, by W9/LNP Real Estate Limited Partnership, a Delaware limited partnership ("Declarant"). RECITALS A. Declarant is the owner of that certain real property situated in the City of Carlsbad, County of San Diego, State of California, hereinafter referred to as the "Property", being more particularly described in Exhibit A-1 and depicted in the plat labeled Exhibit A-2. each of which is attached hereto and incorporated herein by this reference. The Property is comprised of twelve (12) Jots as shown on that certain Final Map entitled Carlsbad Tract No. 98-07, Lincoln Northpointe, filed in the office of the County Recorder of San Diego County, State of California, on December 31, 1998 as File No. 1998-865598 (the "Map"). The twelve (12) lots are hereinafter referred to as "Lot I", "Lot 2", "Lot 3", "Lot 4", "Lot 5", "Lot 6", "Lot 7", "Lot 8", "Lot 9", "Lot 10", "Lot 11", and "Lot 12", as shown on the Map, and are hereinafter sometimes collectively referred to as the "Lots" and individually as a "Lot", Lot 1, Lot 2, Lot 3, Lot 4, Lot 5, Lot 6, Lot 7 and Lot 8 are hereinafter sometimes collectively referred to as the "Upper Lots", and Lot 9, Lot 10, Lot 11 and Lot 12 are hereinafter sometimes collectively referred to as the "Lower Lots". B, The Property is divided into the following zones (hereinafter sometimes collectively referred, to as the "Zones" and individually as a "Zone"): "Zone 1", being comprised of Lot 1, Lot 2 and Lot 3, inclusive, and being more particularly described in Exhibit B-l and depicted in the plat labeled Exhibit B-2: "Zone 2", being comprised of Lot 4 and Lot 5, inclusive, and being more particularly desctibed in Exhibit C-l and depicted in the plat labeled Exhibit C-2; Ttw doPimert w» 6te<J iw recording by FIDELITY NATIONAL TITLE INSURANCE COMPANY as an fflCflMVK)PATION o^' 2779 "Zone 3", being comprised of Lot 6, Lot 7 and Lot 8, inclusive, and being more particularly described in Exhibit D-l and depicted in the plat labeled Exhibit D-2: "Zone 4H, being comprised of Lot 9, Lot 10, Lot 11 and Lot 12, inclusive, and being more particularly described in Exhibits-1 and depicted in the plat labeled Exhibit E-2; each of the foregoing exhibits being attached hereto and incorporated herein by this reference. C. Declarant desires and intends to develop and improve the Property as a planned commercial/industrial park to be known as Legacy North Pointe (the "Project"). The Project will integrate commercial, industrial, office and other business uses. D. Declarant desires and intends to impose on the Property mutually beneficial restrictions under a general plan of improvement for alt the Property and the future owner or owners thereof, and to grant various easements for access, ingress and egress, landscaping, irrigation, maintenance, drainage and utilities, for the benefit of all of the Lots, on a non-exclusive basis, as set forth in more detail below. E. The Owners (as defined below) will share certain costs and expenses as set forth herein. Costs and expenses have been allocated in this Declaration on the basts of the usable land area of each Lot (generally, the total area of the Lot, less "flag" areas, slopes and major landscape areas such as the El Camino Real frontage, leaving the building and parking areas) divided by the total usable area of all of the Lots. F. ViaSat, Inc., pursuant to that certain Lease Agreement dated March 24, 1998, between Declarant, as Landlord, and ViaSat, Inc., as Tenant (the "ViaSat Lease"), leases buildings on Lot 1, Lot 2 and Lot 3 (the "ViaSat Leased Lots"). Pursuant to the ViaSat Lease, ViaSat, Inc. has certain exclusive parking and access rights, which will take precedence over certain of the access rights provided to other Users hereunder. NOW, THEREFORE, Declarant hereby declares that al! of the Property is and shall be held, conveyed, hypothecated, encumbered, leased, rented, used, occupied and improved subject to the covenants, conditions and restrictions hereinafter set forth, all of which are declared and agreed to be in furtherance of a common plan for the development of the Property and the subsequent improvement, lease or sale of the Property, or any part thereof, and are established and agreed upon for the purpose of enhancing and protecting the value, desirability and attractiveness of the Property. All covenants, conditions and restrictions contained herein shall run with the Property and every part thereof and interest therein, shall be for the benefit of and bind all parties having or acquiring any right, title, interest or estate in the Property or any part thereof, shall inure to the benefit of and bind each and every Owner (as hereinbelow defined) and their successors in interest and are hereby imposed on the Property as a servitude in favor of said Property as the dominant tenement or tenements thereof: 2780 1. Definitions. Unless the context othenvise specifies or requires, the terms defined in this Section 1 shall, for all purposes of this Declaration, have the meanings herein specified. Terms defined below shall have the same meanings as set forth below whether used in the singular or the plural in this Declaration. 1.1 Access Easements. The term "Access Easements" shall have the meaning set forth in Section 2.5 below. 1.2 Approving Agent. The term "Approving Agent" shall mean, in the following order of precedence: (a) Declarant. Declarant, so long as Declarant owns any interest in the Property; and thereafter: (b) Declarant's Successor. Declarant's Successor, so long as Declarant's Successor owns any interest in the Property, provided, that Declarant has granted Declarant's Successor, of record, the exclusive right to exercise the rights of Declarant hereunder, as hereinafter set forth; and thereafter: (c) Association. The Association, provided, that Declarant or Declarant's Successor has granted to the Association, of record, the exclusive right td exercise the rights of Declarant hereunder, as hereinafter set forth, which shall be done by Declarant or Declarant's Successor before Declarant or Declarant's Successor ceases to own any interest in the Property, if written request therefor is received prior to that time. . 1.3 Association. The term "Association" shall mean any association formed in accordance with Section 17. 1.4 Beneficiary. The term "Beneficiary" shall mean, with respect to any Deed of Trust on all or any portion of the Property, the holder or holders of record of the security interest under the Deed of Trust. 1.5 City. The term "City" shall mean the City of Carlsbad, a municipal corporation of the State of California. 1.6 Declarant. The term "Declarant" shall mean W9/LNP Real Estate Limited Partnership, a Delaware limited partnership. 1.7 Declarant's Successor. The term "Declarant's Successor" shall mean any corporation, association, partnersliip, joint venture or trust controlled by, controlling or under common control with Declarant or with which Declarant has been merged or consolidated or by which Declarant has been acquired. 2781 1.8 Deed of Trust. The term "Deed of Trust" shall mean any duly recorded deed of trust, mortgage or other instrument, which creates a lien on all or any portion of the Property to secure the indebtedness of an Owner thereof. 1.9 Easements. The term "Easements" shall mean the Access Easements, Landscape Easements, Underground Storm Drainage Easements, Surface Drainage Easements, Temporary Drainage Easements, Utility Easements and Fountain Easement. 1.10 Fountain Easement. The term "Fountain Easement" shall have the meaning set forth in Section 9.1 below. 1.11 Improvements. The term "Improvements" shall mean all buildings, parking structures, outbuildings, roads, driveways, surface parking areas, fences, screening wails and barriers, retaining walls, stairs, decks, water lines, sewers, electrical and gas distribution facilities, hedges, windbreaks, plantings, planted trees and shrubs, poles, signs, loading areas, pools, fountains, and all other structures, installations and landscaping of every type and land now or hereafter located on the Property. 1.12 Irrigation Easements. The term "Irrigation Easements" shall have the meaning set forth in Section 4.3 below. 1.13 Landscape Easements. The term "Landscape Easements" shall have the meaning set forth in Section 3.7 below. 1.14 Lot. The term "Lot" shall mean a contiguous area of land within the Property shown as one lot or parcel on the Map. 1.15 Managejr. The term "Manager" shall mean any person assuming the rights, duties and obligations of the Manager provided in this Declaration. If at any time there is no Manager, the Approving Agent shall be deemed to be the Manager for all purposes under this Declaration. 1.16 Occupant. The term "Occupant" shall mean any individual, partnership, corporation or other legal entity (including Declarant), which is in possession of or otherwise occupying all or any part of one or more Lots, whether as an Owner, lessee, sublessee, licensee or otherwise pursuant to any lease, sublease, license or other occupancy agreement entered with the Owner of the Lot or Lots. 1.17 Owner. The term "Owner" shall mean any individual, partnership, corporation or other legal entity (including Declarant) which is the record owner of fee simple title to one or more Lots as shown by the Official Records of San Diego County, California, including any Beneficiary in possession of a Lot or Lots. 1.18 Property. The term "Property" shall have the meaning set forth in Recital A. 2782 1.19 Underground Storm Drainage Easements. The term "Underground Slorm Drainage Easements" shall have the meaning set forth in Section 5.6 below. 1.20 User. The term "User" shall mean the owner, Occupants, or permitted users of any Lot 01 Lots. 1.21 Surface Drainage Easements. The term "Surface Drainage Easements" shall have the meaning set forth in Section 6.6 below. 1.22 Temporary Drainage Easements. The term "Temporary-Drainage Easements" shall have the meaning set forth in Section 7.4 below. 1.23 Utility Easemsnts. The term "Utility Easements" shall have the meaning set forth in Section 8.10 below. 2, Reciprocal Access /Utility Easements. 2.1 Grant of Reciprocal Access/Utility Easement A. Declarant hereby grants for the benefit of all of the Lots, on ation-exciusive basis, an easement for purposes of pedestrian and vehicular ingress, egress arid a right-of-way and for the purpose of installation, replacement, maintenance, inspection, use, removal and repair from time to time of any utility lines including, without limitation, ail necessary and proper valves, fittings, pumps, measuring and protective devices, and other apparatus and equipment, on, over, under, across and through that portion of the Property more particularly described in Exhibit F-l and depicted in the plat labeled Exhibit F-2 hereto as Reciprocal Access/Utility Easement A ("Access Easement A"). Access Easement A is appurtenant to all of the Lots and may be used by each and every Owner and User of the Lots, except as otherwise expressly provided herein. 2.2 Grant of Reciprocal Access/Utility Easement B. Declarant hereby grants for the benefit of the Lower Lots, on a non-exclusive basis, an easement for purposes of pedestrian and vehicular ingress, egress and a right-of-way and for the purpose of installation, replacement, maintenance, inspection, use, removal and repair from time to time of any utility lines including, without limitation, all necessary and proper valves, fittings, pumps, measuring and protective devices, and other apparatus and equipment, on, over, under, across and through that portion of the Property more particularly described in Exhibit F-l and depicted in the plat labeled Exhibit F-2 hereto as Reciprocal Access/Utility Easement B ("Access Easement B"). Access Easement B is appurtenant to all of the Lower Lots and may be used by each and every Owner and User of the Lower Lots, except as otherwise expressly provided herein. 2.3 Grant of Reciprocal Access/Utility Easement C. Declarant hereby grants for the benefit of the Lower Lots, on a non-exclusive basis, an easement for purposes of pedestrian and vehicular ingress, egress and a right-of-way and for the purpose of installation, replacement, maintenance, inspection, use, removal and repair from time to time of any utility lines including, without limitation, all necessary and proper valves, fittings, pumps, measuring and 2783 protective devices, and other apparatus and equipment, on, over, under, across and through that portion of the Property more particularly described in Exhibit F-i and depicted in the plat labeled ExhibitF-2 hereto as Reciprocal Access/Utility Easement C ("Access Easement C"). Access Easement C is appurtenant to all of the Lower Lots and may be used by each and every Owner and User of the Lower Lots, except as otherwise expressly provided herein. 2.4 Grant of Reciprocal Access/Utility Easement D. Declarant hereby grants for the benefit of the Lower Lots, on a non-exclusive basis, an easement for purposes of pedestrian and vehicular ingress, egress and a right-of-way and for the purpose of installation, replacement, maintenance, inspection, use, removal and repair from time to time of any utility Sines including, without limitation, all necessary and proper valves, fittings, pumps, measuring and protective devices, and other apparatus and equipment, on, over, under, across and through that portion of the Property more particularly described in Exhibit F-l and depicted in the plat labeled Exhibit F-2 hereto as Reciprocal Access/Utility Easement D ("Access Easement D"). Access Easement D is appurtenant to all of the Lower Lots and may be used by each and every Owner and User of the l-ower Lots, except as otherwise expressly provided herein. The location of Access Easement D is subject to relocation upon development of the Lower Lots to a location acceptable to the Owners of the Lower Lots. 2.5 Maintenance of Access Easements. Access Easement A, Access Easement B, Access Easement C and Access Easement D (hereinafter sometimes collectively referred to as the "Access Easements", and individually-as an"AccessEasement") shall be maintained by the Association, including without limitation maintaining the surface paving of any portions of the Access Easements to be used for vehicular;access in a smooth and evenly covered condition with the type of surfacing materials originally installed, or such substitute materials as shall, in all respects, be equal in quality, use, and durability, and maintaining street lighting in good working condition. 2.6 Maintenance Costs of Access Easement A. Except to the extent of any damage to Access Easement A and/or any improvements or facilities situated therein arising from the intentional or negligent acts or omissions of any of the Users or any of their employees, invitees, contractors, representatives and customers (the repair of all of such damage shall be the sole responsibility of the Owner responsible for the party causing such damage), the Owners of the Lots shall pay to the Association the entire cost and expense associated with maintenance of Access Easement A, with such cost and expense to be divided among the Owners of the Lois as follows: Lot: Percentage of Cost: Lot 1 9.290% Lot 2 9.538% Lot 3 9.747% Lot 4 8.157% Lot 5 8.645% 2784 Lol: Percentage of Cost: Lot 6 11.280% Lot 7 8.214% Lot 8 10.003% Lot 9 6.423% Lot 10 5.233% Lot 11 6.526% Lot 12 6.943% 2.7 Maintenance Costs of Access Easements B. C and D. Except to the extent of any damage to Access Easement B, Access Easement C, Access Easement D and/or any improvements or facilities situated therein arising from the intentional or negligent acts or omissions of any of the Users or any of their employees, invitees, contractors, representatives and customers (the repair of all of such damage shall be the sole responsibility of the Owner responsible for the party causing such damage), the Owners of the Lower Lots shall pay to the Association the entire cost and expense associated with maintenance of Access Easement B, Access Easement C, Access Easement D, with such cost and expense to be divided among the Owners of the Lower Lots as follows: Lot: Percentage of Cost: Lot 9 25.56% Lot 10 20.83% Lot 11 25.98% Lot 12 27.63% 3. Grant of Landscape Easement?. 3.1 Grant of Zone 1 Landscape Easement. Declarant hereby grants for the benefit of all of the Lots in Zone 1, on a non-exclusive basis, an easement for purposes of grading, installation and maintenance of landscaping in, on, over, across and through that portion of the Property in the general location depicted in the plat labeled Exhibit G-l as "Unit A", including without limitation any small, square landscaped areas within the parking areas (the "Zone 1 Landscape Easement"). The Zone 1 Landscape Easement is appurtenant to all of the Lots in Zonel. 3.2 Grant of Zone 2 Landscape Easement. Declarant hereby grants for the benefit of all of the Lots in Zone 2, on a non-exclusive basis, an easement for purposes of grading, installation and maintenance of landscaping in, on, over, across and through that portion of the Property in the general location depicted in the plat labeled Exhibit K-l as "Unit B" hereto, including without limitation any small, square landscaped areas within the parking areas (the 2785 "Zone 2 Landscape Easement"). The Zone 2 Landscape Easement is appurtenant to all of the Lots in Zone 2. 3.3 Grant of Zone 3 Landscape Easement. Declarant hereby grants for the benefit of all of the Lots in Zone 3, on a non-exclusive basis, an easement for purposes of grading, installation and maintenance of landscaping in, on, over, across and through that portion of the Property in the general location depicted in the plat labeled Exhibit I-1 as "Unit CM hereto, including without limitation any small, square landscaped areas within the parking areas (the "Zone 3 Landscape Easement"). The Zone 3 Landscape Easement is appurtenant to all of the Lots in Zone 3. 3.4 Grant of Zone 4 Landscape Easement. Declarant hereby grants for the benefit of all of the Lots in Zone 4, on a non-exclusive basis, an easement for purposes of grading, installation and maintenance of landscaping in, on, over, across and through that portion of the Property in the general location depicted in the plat labeled Exhibit J-l as "Unit D" hereto, including without limitation any small, square landscaped areas within the parking areas (the "Zone 4 Landscape Easement"). The Zone 4 Landscape Easement is appurtenant to all of the Lots in Zone 4. 3.5 ' (Ifant of Zone S Landscape Easement. Declarant hereby grants for the benefit of all of the Lots in the Project, on a non-exclusive basis, an easement for purposes of grading, installation and maintenance of landscaping in, on, over, across and through that portion of the Property in the general location depicted in the plat labeled Exhibit K-l as "Unit Z" hereto, including without limitation any small, square landscaped areas within the parking areas (the "Zone 5 Landscape Easement"). The Zone S Landscape Easement is appurtenant to all of the Lots in the Project. 3.6 Grant of Zone 6 Landscape Easement. Declarant hereby grants for the benefit of all of the Lots in Zone 1, on a non-exclusive basis, an easement for purposes of grading, installation and maintenance of landscaping in, on, over, across and through that portion of the Property in the general location depicted in the plat labeled Exhibit L-l as "Unit E" (the "Zone 6 Landscape Easement"). The Zone 6 Landscape Easement is appurtenant to ail of the Lots in Zonel. 3.7 Maintenance of Landscape Easements. The Association shall be responsible for grading, and for installing, constructing and placing landscaping in, over, across and through the Zone 1 Landscape Easement, Zone 2 Landscape Easement, Zone 3 Landscape Easement, Zone 4 Landscape Easement, Zone 5 Landscape Easement and Zone 6 Landscape Easement (hereinafter sometimes collectively referred to as the "Landscape Easements", and individually as a "Landscape Easement") . The Association shall maintain the landscaping (including without limitation any retaining walls or drains) in all of the Landscape Easements in a healthy and thriving condition, free from weeds, trash, graffiti and debris, with the type of landscaping, retaining wall or drain originally installed, or such substitute landscaping, retaining wall or drain as shall, in ail respects, be equal in quality, use, drought resistance, function and durability. The Association may, in its discretion, permit any Owner or User that owns or leases 2786 all of the buildings in any Zone, to maintain the landscaping, retaining walls and/or drains in the Landscape Easement for that Zone, provided that such Owner or User shall maintain such landscaping in accordance with the standards set forth in this Section 3.7. The Association shall have the right to maintain monument signs for the Project, directional signs, street signs, and directories in the Landscape Easements, and the maintenance costs thereof may be charged as provided below in this Section 3. 3.8 Maintenance Costs of Zone 1 Landscape Easement. Except to the extent of any damage to the landscaping arising from the intentional or negligent acts or omissions of any of the Owners or any of its employees, invitees, contractors, representatives and customers (the repair of all of such damage shall be the sole responsibility of the Owner responsible for the party causing such damage), the Owners of the Lots in Zone 1 shall pay to the Association the entire cost and expense associated with maintenance of the Zone 1 Landscape Easement, with such cost and expense to be divided among the Owners of the Lots in Zone 1 as follows: Lot: Percentage of Cost: Lotl 32.53% Lot 2 33.39% ; Lot 3 34.13% 3.9 Maintenance Costs of Zone 2 Landscape Easement. Except to the extent of any damage to the landscaping arising from the intentional or negligent acts or omissions of any of the Owners or any of its employees, invitees, contractors, representatives and customers (the repair of all of such damage shall be the sole responsibility of the Owner responsible for the party causing such damage), the Owners of the Lots in Zone 2 shall pay to the Association the entire cost and expense associated with maintenance of the Zone 2 Landscape Easement, with such cost and expense to be divided among the Owners of the Lots in Zone 2 as follows: Lot: Percentage of Cost: Lot 4 48.55% Lot 5 51.45% 3.10 Maintenance Costs of ZoneJ Landscape Easement. Except to the extent of any damage to the landscaping arising from the intentional or negligent acts or omissions of any of the Owners or any of its employees, invitees, contractors, representatives and customers (the repair of all of such damage shall be the sole responsibility of the Owner responsible for the party causing such damage), the Owners of the Lots in Zone 3 shall pay to the Association the entire cost and expense associated with maintenance of the Zone 3 Landscape Easement, with such cost and expense to be divided among the Owners of the Lots in Zone 3 as follows: Lot: Percentage of Cost: 2787 Lot: Percentage of Cost: Lot 6 38.24% Lot? 27.85% Lot8 33.91% 3.11 Maintenance Costs of Zone 4 Landscape Easement. Except to the extent of any damage to the landscaping arising from the intentional or negligent acts or omissions of any of the Owners or any of its employees, invitees, contractors, representatives and customers (the repair of all of such damage shall be the sole responsibility of the Owner responsible for the party causing such damage), the Owners of the Lots in Zone 4 shall pay to the Association the entire cost and expense associated with maintenance of the Zone 4 Landscape Easement, with such cost and expense to be divided among the Owners of the Lots in Zone 4 as follows: Lot: Percentage of Cost: Lot 9 25.56% Lot 10 20.83% Lot 11 25.98% Lot 12 27.63% 3.12 Maintenance Costs of Zone 5 Landscape Easement. Except to the extent of any damage to the landscaping arising from the intentional or negligent acts or omissions of any of the Owners or any of its employees, invitees, contractors, representatives and customers (the repair of all of such damage shall be the sole responsibility of the Owner responsible for the party causing such damage), the Owners of the Lots in the Project shall pay to the Association the entire cost and expense associated with maintenance of the Zone 5 Landscape Easement, with such cost and expense to be divided among the Owners of the Lots in the Project as follows: Lot: Percentage of Cost: Lot 1 9.290% Lot 2 9.538% Lot 3 9.747% Lot 4 8.157% LotS 8.645% Lot 6 11.280% Lot/ 8.214% Lot 8 10.003% Lot 9 6.423% 2788 Lot: Percentage of Cost: Lot 10 5.233% Lotll 6.526% Lot 12 6.943% 3.13 Maintenance Costs of Zone 6 Landscape Easement. Except to the extent of any damage to the landscaping arising from the intentional or negligent acts or omissions of any of the Owners or any of its employees, invitees, contractors, representatives and customers (the repair of all of such damage shall be the sole responsibility of the Owner responsible for the party causing such damage), the Owners of the Lots in Zone i shall pay to the Association the entire cost and expense associated with maintenance of the Zone 6 Landscape Easement, with such cost and expense to be divided among the Owners of the Lots in Zone 1 as follows: Lot: Percentage of Cost: Lotl 32.53% Lot 2 33.39% Lot 3 34.13% 4. Irrigation Easements. 4.1 Grant of Zone 3 Irrigation Easement. Declarant hereby grants for the benefit of Zone 3, on a non-exclusive basis, an easement for installation and maintenance of water pipes and associated fixtures, including but not limited to all necessary pressure valves and other components, for the purpose of supplying water for landscape irrigation, on, over, under, across and through that portion of the Property more particularly described in Exhibit M-l and depicted in the plat labeled Exhibit M-2 hereto as Zone 3 Irrigation Easement ("Zone 3 Irrigation Easement"). The Zone 3 Irrigation Easement is appurtenant to Zone 3, and may be used by each and every Owner and User of each and every Lot in Zone 3, except as otherwise expressly provided herein. 4.2 Grant of Zone 4 Irrigation Easemenj. Declarant hereby grants for the benefit of Zone 4, on a non-exclusive basis, an easement for installation and maintenance of water pipes and associated fixtures, including but not limited to all necessary pressure valves and other components, for the purpose of supplying water for landscape irrigation, on, over, under, across and through that portion of the Property more particularly described in Exhibit N-l and depicted in the plat labeled Exhibit N-2 hereto as Zone 4 Irrigation Easement ("Zone 4 Irrigation Easement"). The Zone 4 Irrigation Easement is appurtenant to Zone 4, and may be used by each and every Owner and User of each and every Lot in Zone 4, except as otherwise expressly provided herein. 4.3 Maintenance of Irrigation Easements. The Zone 3 Irrigation Easement and the Zone 4 Irrigation Easement (hereinafter sometimes collectively referred to as the "Irrigation 2789 Easements", and individually as an "Irrigation Easement") shall be maintained, repaired and replaced by the Association in good working condition at all times and in conformity with the requirements of all applicable federal, state, local and other public iaws, regulations, codes and ordinances, with the type of materials originally installed, or such substitute materials as shall, in all respects, be equal in quality, use, and durability. 4.4 Maintenance Costs of Zone 3 Irrigation Easement. Except to the extent of any damage to an Irrigation Easement or the irrigation installations located therein arising from the intentional or negligent acts or omissions of any of the Owners or any of its employees, invitees, contractors, representatives and customers (the repair of all of such damage shall be the sole responsibility of the Owner responsible for the party causing such damage), the Owners of the Lots in Zone 3 shall pay to the Association the entire cost and expense associated with maintenance of the irrigation facilities in the Zone 3 Irrigation Easement, with such cost and expense to be divided among the Owners of the Lots in Zone 3 as follows: Lot: Percentage of Cost: Lot 6 38.24% Lot 7 27.85% ; Lot8 33.91% 4;5 Maintenance Costs of Zone 4 Irrigation Easement. Except to the extent of any damage to an Irrigation Easement or the irrigation installations located therein arising from the intentional or negligent acts or omissions of any of the Owners or any of its employees, invitees, contractors, representatives and customers (the repair of all of such damage shall be the sole responsibility of the Owner responsible for the party causing such damage), the Owners of the Lots in Zone 4 shall pay to the Association the entire cost and expense associated with maintenance of the Zone 4 Irrigation Easement, with such cost and expense to be divided among the Owners of the Lots in Zone 4 as follows: Lot: Percentage of Cost: Lot 9 25.56% Lot 10 20.83% Lot 11 25.98% Lot 12 27.63% 5. Underground Storm Drainage Easements. 5.1 Grant of Underground Storm Drainage Easement A. Declarant hereby grants for the benefit of Lot 1, Lot 2, Lot 3, Lot 4 and Lot 5, on a non-exclusive basis, an easement for installation and maintenance of an underground storm drain, including but not limited to all necessary gratings, pipes, catch basins and other components, on, over, under, 2790 across and through that portion of the Property more particularly described in Exhibit CM and depicted in the plat labeled Exhibit Q-2 hereto as Underground Storm Drainage Easement A ("Underground Storm Drainage Easement A"). Underground Storm Drainage Easement A is appurtenant to each of Lot 1, Lot 2, Lot 3, Lot 4 and Lot 5, and may be used by each and every Owner and User of such Lots, except as otherwise expressly provided herein. 5.2 Grant of Underground Storm Drainage Easement B. Declarant hereby grants for the benefit of Lot 4, Lot 5, Lot 6, Lot 7, Lot 8, Lot 9, Lot 10, Lot 11 and Lot 12, on a non-exclusive basis, an easement for installation and maintenance of an underground storm drain, including but not limited to all necessary gratings, pipes, catch basins and other components, on, over, under, across and through that portion of the Property more particularly described in Exhibit P-I and depicted in the plat labeled Exhibit P-2 hereto as Underground Storm Drainage Easement B ("Underground Storm Drainage Easement B"). Underground Storm Drainage Easement B is appurtenant to each of Lot 4, Lot 5, Lot 6, Lot 7, Lot 8 and Lot 12, and may be used by each and every Owner and User of such Lots, except as otherwise expressly provided herein, 5.3 Grant of Underground Storm Drainage Easement C. Declarant hereby grants for the benefit of Lot 5 an easement for installation and maintenance of an underground storm drain, including but not limited to all necessary gratings, pipes, catch basins and other components, on, over, under, across and through that portion of the Property more palrtieularly described in Exhibit O-l and depicted in the plat labeled Exhibit Q-2 hereto as Underground Storm Drainage Easement C ("Underground Storm Drainage Easement C"). Underground Storm Drainage Easement C is appurtenant to Lot 5, and may be used by each and every Owner and User of such Lot, except as otherwise expressly provided herein. x 5.4 Grant of Underground Stprm Drainage Easement D. Declarant hereby grants for the benefit of Lot 10 an easement for installation and maintenance of an underground storm drain, including but not limited to all necessary gratings, pipes, catch basins and other components, on, over, under, across and through that portion of the Property more particularly described in Exhibit R-l and depicted in the plat labeled Exhibit R-2 hereto as Underground Storm Drainage Easement D ("Underground Storm Drainage Easement D"). Underground Storm Drainage Easement D is appurtenant to Lot 10. and may be used by each and every Owner and User of such Lot, except as otherwise expressly provided herein. 5.5 Grant of Underground Storm Drainage Easement E. Declarant hereby grants for the benefit of Lot 11 an easement for installation and maintenance of an underground storm drain, including but not limited to all necessary gratings, pipes, catch basins and other components, on, over, under, across and through that portion of the Property more particularly described in Exhibit S-l and depicted in the plat labeled Exhibit S-2 hereto as Underground Storm Drainage Easement E ("Underground Storm Drainage Easement E"). Underground Storm Drainage Easement E is appurtenant to Lot 11, and may be used by each and every Owner and User of such Lot, except as otherwise expressly provided herein. 5.6 Maintenance of Underground Storm Drainage Easements. Underground Storm Drainage Easement A, Underground Storm Drainage Easement B, Underground Storm 2791 Drainage Easement C, Underground Storm Drainage Easement D and Underground Storm Drainage Easement E (hereinafter sometimes collectively referred to as the "Underground Storm Drainage Easements'1, and individually as an "Underground Storm Drainage Easement") shall be maintained by the Association in good, unobstructed working condition at all times and in conformity with the requirements of all applicable federal, state, local and other public laws, regulations, codes and ordinances, with the type of materials originally installed, or such substitute materials as shall, in all respects, be equal in quality, use, and durability. 5.7 Maintenance Costs of Underground Storm Drainage Easements. Except to the extent of any damage to the underground storm drainage system arising from the intentional or negligent acts or omissions of any of the Owners or any of its employees, invitees, contractors, representatives and customers (the repair of all of such damage shall be the sole responsibility of the Owner responsible for the party causing such damage), the Owners of the Lots in the Project shall pay to the Association the entire cost and expense associated with maintenance of the underground storm drainage system, with such cost and expense to be divided among the Owners of the Lots in the Project as follows: Lot: Percentage of Cost: Lotl -•.:}•; 9.290% Lot2 9.538% Lot3 9.747% Lot4 V 8.157% Lot5 8.645% Lot 6 11.280% Lot 7 8.214% Lot 8 10.003% Lot 9 6.423% Lot 10 5.233% Lot 11 6.526% Lot 12 6.943% 6. Surface Drainaqy Easements. 6.1 grant qf Surface Drainage Ep$ement A. Declarant hereby grants for the benefit of Lot 1 and Lot 2, on a non-exclusive basis, an easement for surface drainage, including but not limited to the right to allow water to drain over and across that portion of the Property more particularly described in Exhibit T-l and depicted in the plat labeled Exhibit T-2 hereto as Surface Drainage Easement A ("Surface Drainage Easement A"). Surface Drainage Easement A is appurtenant to each of Lot 1 and Lot 2, and may be used by each and every Owner and User of such Lots, except as otherwise expressly provided herein. 2792 6.2 Grant of Surface Drainage Easement B. Declarant hereby grants for the benefit of Lot 1, Lot 2, Lot 3, Lot 4, Lot 5, Lot 6 and Lot 7, on a non-exclusive basis, an easement for surface drainage, including but not limited to the right to allow water to drain over and across that portion of the Property more particularly described in Exhibit T-l and depicted in the plat labeled Exhibit T-2 hereto as Surface Drainage Easement B ("Surface Drainage Easement B"). Surface Drainage Easement B is appurtenant to each of Lot 1, Lot 2, Lot 3, Lot 4, Lot 5, Lot 6 and Lot 7, and may be used by each and every Owner and User of such Lots, except as otherwise expressly provided herein. 6.3 Grant of Surface Drainage Easement C. Declarant hereby grants for the benefit of Lot 4 and Lot 5, on a non-exclusive basis, an easement for surface drainage, including but not limited to the right to allow water to drain over and across that portion of the Property more particularly described in Exhibit T-l and depicted in the plat labeled Exhibit T-2 hereto as Surface Drainage Easement C ("Surface Drainage Easement C"). Surface Drainage Easement C is appurtenant to each of Lot 4 and Lot 5, and may be used by each and every Owner and User of such Lots, except as otherwise expressly provided herein. 6.4 Grant of Surface Drainage Easement D. Declarant hereby grants for the benefit of Lot 1, on a non-exclusive basis, an easement for surface drainage, including but not limited to the right to allow water to drain over and across that portion of the Property more particularly described in Exhibit T-l and depicted in the plat labeled Exhibit T-2 hereto as Surface Drainage Easement D(" Surface Drainage Easement D"): Surface Drainage Easement D is ; appurtenant to Lot 1, and may be used by each and every Owner and User of Lot 1, except as otherwise expressly provided herein. 6.5 Grant of Surface Drainage Easement E. Declarant hereby grants for the benefit of Lot 9, Lot 10 and Lot 11, on a non-exclusive basis, an easement for surface drainage, including but not limited to the right to allow water to drain over and across that portion of the Property more particularly described in Exhibit T-l and depicted in the plat labeled Exhibit T-2 hereto as Surface Drainage Easement E ("Surface Drainage Easement E"). Surface Drainage Easement E is appurtenant to each of Lot 9, Lot 10 and Lot 11, and may be used by each and every Owner and User of such Lots, except as otherwise expressly provided herein. 2793 6.6 Maintenance of Surface Drainage Easements. Surface Drainage Easement A, Surface Drainage Easement B, Surface Drainage Easement C, Surface Drainage Easement D and Surface Drainage Easement E (hereinafter sometimes collectively referred to as the "Surface Drainage Easements", and individually as a "Surface Drainage Easement11) shall be maintained in good, unobstructed working condition at ail times and in conformity with the requirements of ail applicable federal, state, local and other public laws, regulations, codes and ordinances, with the type of materials originally installed, or such substitute materials as shall, in all respects, be equal in quality, use, and durability. Responsibility for maintenance of Surface Drainage Easement A shall be borne by the Association; responsibility for maintenance of each of the other Surface Drainage Easements shall be borne by the applicable Owner of the Lot on which the facility is located. 6.7 Maintenance Costs of Surface Drainage Basemen^- Except to the extent of any damage to the surface drainage system arising from the intentional or negligent acts or omissions of any of the Owners or any of its employees, invitees, contractors, representatives and customers (the repair of all of such damage shall be the sole responsibility of the Owner responsible for the party causing such damage), the Owners of the Lots in Zone 1 and Zone 2 shall pay to the Association the entire cost and expense associated with maintenance of Surface Drainage Easement A, with such cost and expense to be divided among the Owners of the Lots in Zone land Zone 1 as follows: ; - .< ••.,•: ,;;^::X^-—; ••••-•••. • • - - •&?& ^;;-; '^ •• ; Loj: ; - ; Percentage of Cost: ; Lot 2 15.34% Lot 3 15.67% Lot 4 26.23% Lot5 27.81% Cost of maintenance of each of the other Surface Drainage Easements shall be borne by the applicable Owner of the Lot on which the facility is located. 7. Temporary Surface Drainage Easements. 7.1 Grant of Temporary Surface Drainage Easement A. Declarant hereby grants for the benefit of Lot 5, Lot 7, Lot 8, Lot 9, Lot 10 and Lot 11, on a non-exclusive basis, an easement for surface drainage and retention of water, including but not limited to the right to allow water to drain over and across, and to pool in and on, that portion of the Property more particularly described in Exhibit U-l and depicted in the plat labeled Exhibit U-2 hereto as Temporary Drainage Easement A ("Temporary Drainage Easement A"). The Temporary Drainage Easement is appurtenant to each of Lot 5, Lot 7, Lot 8, Lot 9, Lot 10 and Lot 1 1, and may be used by each and every Owner and User of such Lots, except as otherwise expressly provided herein. . 2794 7.2 Grant of Temporary Surface Drainage Easement B. Declarant hereby grants for the benefit of Lot 9, Lot 10 and Lot 11, on a non-exclusive basis, an casement for surface drainage and retention of water, including but not limited to the right to allow water to drain over and across, and to pool in and on, that portion of the Property more particularly described in Exhibit U-l and depicted in the plat labeled Exhibit U-2 hereto as Temporary Drainage Easement B ("Temporary Drainage Easement BM). The Temporary Drainage Easement is appurtenant to each of Lot 9, Lot 10 and Lot 11, and may be used by each and every Owner and User of such Lots, except as otherwise expressly provided herein. 7.3 Grant of Temporary Surface Drainage Easement C. Declarant hereby grants for the benefit of Lot 4, Lot 5, Lot 6, Lot 7, Lot 8, Lot 9, Lot 10 and Lot 11, on a non- exclusive basis, an easement for surface drainage and retention of water, including but not limited to the right to allow water to drain over and across, and to pool in and on, that portion of the Property more particularly described in Exhibit U-l and depicted in the plat labeled Exhibit U-2 hereto as Temporary Drainage Easement C ("Temporary Drainage Easement C"). The Temporary Drainage Easement is appurtenant to each of Lot 4, Lot; 5, Lot 6, Lot 7, Lot 8, Lot 9, Lot 10 and Lot 11, and may be used by each and every Owner and User of such Lots, except as otherwise expressly provided herein. 7.4 Maintenance of Temporary Drainage Easements. Temporary Drainage Easement A, Temporary Drainage Easement B and Temporary Drainage Easement C (collectively, the "Temporary Drainage Easements") shall be maintained, repaired and replaced by the applicable Owner of the Lot on which the facility is located in good working condition at all times and in conformity with the requirements of all applicable federal, state, local and other public laws, regulations, codes and ordinances, with the type of materials originally installed, or such substitute materials as shall, in all respects, be equal in quality, use, and durability. 7.5 Maintenance Costs of Temporary Drainage Easements. Except to the extent of any damage to the temporary drainage system arising from the intentional or negligent acts or omissions of any of the Owners or any of its employees, invitees, contractors, representatives and customers (the repair of all of such damage shall be the sole responsibility of the Owner responsible for the party causing such damage), the Owners of the Lower Lots shall each bear the entire cost and expense associated with maintenance of the temporary drainage facilities located on the Lot of such Owner. 7.6 Term of Temporary Drainage Easements. Each of the Temporary Drainage Easements shall terminate and be of no further force or effect as to any Lot over which such Temporary Drainage Easement exists upon the completion on such Lot of working underground storm drain facilities in conformity with the requirements of all applicable federal, state, local and other public laws, regulations, codes and ordinances that will accommodate the flow that was previously accommodated by the Temporary Drainage Easement; and upon or before completion of such underground storm drain facilities, the Owner of such Lot shall grant a permanent underground storm drainage easement for the benefit of the Lots currently benefited by the Temporary Drainage Easement over such Lot. 2795 8. Utility Easements. 8«1 Grant of Utility Easement A. Declarant hereby grants for the benefit of Lot 1, on a non-exclusive basis, an easement for installation and maintenance of water pipes and associated fixtures, including but not limited to a!J necessary pressure valves and other components, on, over, under, across and through that portion of the Property more particularly described in Exhibit V-l and depicted in the plat labeled Exhibit V-2 hereto as Utility Easement A ("Utility Easement A"). Utility Easement A is appurtenant to Lot 1, and may be used by each and every Owner and User of such Lot, except as otherwise expressly provided herein. 8.2 Grant of Utility Easement B Declarant hereby grants for the benefit of Lot 2, on a non-exclusive basis, an easement for installation and maintenance of water pipes and associated fixtures, including but not limited to all necessary pressure valves and other components, on, over, under, across and through that portion of the Property more particularly described in Exhibit W-l and depicted in the plat labeled Exhibit W-2 hereto as Utility Easement B ("Utility Easement B"). Utility Easement B is appurtenant to Lot 2, and may be used by each and every Owner and User of such Lot, except as otherwise expressly provided herein. 8.3 Grant of Utility Easement C Declarant hereby grants fnr tho h*>p/>fjt of J if>f 6, on a non-exclusive basis, an easement for installation and maintenance of water pipes and associated fixtures, including but rtot limited to all necessary pressure valves and other components, on, over, under, across and through that portion of the Property more particularly > described in Exhibit X-l and depicted in the plat labeled Exhibit X-2 hereto as Utility Easement C ("Utility Easement C"). Utility Easement C is appurtenant to Lot 6, and may be used by each and every Owner and User of such Lot, except as otherwise expressly provided herein. 8.4 Grant of Utility Easement D. Declarant hereby grants for the- benefit of Lot 9, on a non-exclusive basis, an easement for installation and maintenance of water pipes and associated fixtures, including but not limited to all necessary pressure valves and other components, on, over, under, across and through that portion of the Property more particularly described in Exhibit Y-l and depicted in the plat labeled Exhibit Y-2 hereto as Utility Easement D ("Utility Easement D"). Utility Easement D is appurtenant to Lot 9, and may be used by each and every Owner and User of such Lot, except as otherwise expressly provided herein. 8.5 Grant of Utility Easement E. Declarant hereby grants for the benefit of Lot 10 an easement for installation and maintenance of water pipes and associated fixtures, including but not limited to all necessary pressure valves and other components, on, over, under, across and through that portion of the Property more particularly described in Exhibit Z-l and depicted in the plat labeled Exhibit Z-2 hereto as Utility Easement E ("Utility Easement E"). Utility Easement E is appurtenant to Lot 10, and may be used by each and every Owner and User of such Lot, except as otherwise expressly provided herein. 8'6 Grant of Utility Easement F. Declarant hereby grants for the benefit of Lot 11 an easement for installation and maintenance of water pipes and associated fixtures, including but not limited to all necessary pressure valves and other components, on, over, under, across and 2796 through that portion of the Property more particularly described in Exhibit AA-1 and depicted in the plat labeled Exhibit AA-2 hereto as Utility Easement F ("Utility Easement F). Utility Easement F is appurtenant to Lot 11, and may be used by each and every Owner and User of such Lot, except as otherwise expressly provided herein. 8.7 Grant of Utility Easement G. Declarant hereby grants for the benefit of Lot 12 an easement for installation and maintenance of water pipes and associated fixtures, including but not limited to all necessary pressure valves and other components, on, over, under, across and through that portion of the Property more particularly described in ExMbUjBEM and depicted in the plat labeled Exhibit BB-2 hereto as Utility Easement G ("Utility Easement G"). Utility Easement G is appurtenant to Lot 12, and may be used by each and every Owner and User of such Lot, except as otherwise expressly provided herein. 8.8 Grant of Utility Easement H. Declarant hereby grants for the benefit of Lot 7 an easement for installation and maintenance of electrical lines for parking lot lighting and ancillary uses and associated fixtures, including but not limited to all necessary switches, sensors, circuit breakers and other components, on, over, under, across and through that portion of the Property more particularly described in Exhibit CC-1 and depicted in the plat labeled Exhibit CC- 2 hereto as Utility Easement H ("Utility Easement H"). Utility Easement H is appurtenaritto Lot 7, amLmay be used by each and every Qwjner and User of such Lot, except as otherwise^ expressly provided •herein. •...• .-,-,.-,;.. ^u^ .•• •'.•••:•' ••• . ;- :' ••:;.- •••.:•'••••. •• -:'' :t?;-OV;as--^ <•:• ;i 8.9 Grant of Utility Easement I. Declarant hereby grants for the benefit of Lot ;7 an easement for installation and maintenance of electrical lines for parking lot lighting arid ^ ancillary uses and associated fixtures, including but not limited to all necessary switches, sensors, circuit breakers and other components, on, over, under, across and through that portion of the Property more particularly described in Exhibit CC-1 and depicted in the plat labeled ExhibitCC- 2 hereto as Utility Easement I ("Utility Easement I") Utility Easement I is appurtenant to Ix>t 7, and may be used by each and every Owner and User of such Lot, except as otherwise expressly provided herein. 8.10 Maintenance of Utility Easements. Utility Easement A, Utility Easement B, Utility Easement C, Utility Easement D, Utility Easement E, Utility Easement F, Utility Easement G, Utility Easement H and Utility Easement I (hereinafter sometimes collectively referred to as the "Utility Easements", and individually as a "Utility Easement") shall be maintained, repaired and replaced by the applicable Owner of the Lot deriving the benefit of the Utility Easement in good working condition at all times and in conformity with the requirements of all applicable federal, state, local and other public laws, regulations, codes and ordinances, with the type of materials originally installed, or such substitute materials as shall, in all respects, be equal in quality, use, and durability. 8.11 Maintenance Costs of Utility Easements. Except to the extent of any damage to a utility easement or the utility installations located therein arising from the intentional or negligent acts or omissions of any of the Owners or any of its employees, invitees, contractors, representatives and customers (the repair of all of such damage shall be the sole responsibility of 2797 the Owner responsible for the party causing such damage), the Owner of the Lot deriving the benefit of the Utility Easement shall bear the entire cost and expense associated with maintenance of the utility facilities benefiting the Lot of such Owner. 9. Fountain Easement. 9.1 Grant of Fountain Easement. Declarant hereby grants for the benefit of Lot 7 and Lot 8, on a non-exclusive basis, an easement for installation and maintenance of a decorative fountain, including but not limited to all necessary water pipes, pumps, switches, drains, and other appurtenant facilities (the "Fountain"), on, over, under, across and through that portion of the Property more particularly described in Exhibit DD-1 and depicted in the plat labeled Exhibit PD-2 hereto as the Fountain Easement and adjacent areas necessary to accommodate the Fountain and ail water pipes, pumps, switches, drains and other facilities appurtenant thereto ("Fountain Easement"). The Fountain Easement is appurtenant to each of Lot 7 and Lot 8, and may be used by each and every Owner and User of such Lots, except as otherwise expressly provided herein. 9.2 Maintenance of Fountain Easement. The Association shall be responsible for installing, constructing and maintaining the Fountain in the Fountain Easement. The a u Association shall maintain the Fountain in good working condition^ and in a nice and Viglrth/ • ? • <'•'*•< appearance and condition with the type of materials originally installed; or such substitute"'4 ~r materials as shall, in all respects, be equal in quality, use, and durability; • ;ife;;;^ •,•:.-. 9.3 Maintenance Costs of Fountain Easement. Except to the extent of any damage to the Fountain arising from the intentional or negligent acts or omissions of any of the Owners or any of its employees, invitees, contractors, representatives and customers (the repair of all of such damage shall be the sole responsibility of the Owner responsible for the party causing such damage), the Owners of Lot 7 and Lot 8 shall pay to the Association the entire cost and expense associated with maintenance of the Fountain, with such cost and expense to be divided among the Owners of such Lots as follows: Loj: Percentage of Cost: Lot 7 50% Lot 8 50% 10. Maintenance of Easements. The Easements shall be maintained by the Association and/or the Owners in accordance with the provisions of Sections 2.5, 3.7,4.3, 5.6, 6.6, 7.4, 8.10 and 9.2 above. Following any repair or maintenance activities with respect to all or any portion of the Easements, the party making or causing the repairs or maintenance to be made shall restore the surface of such area, including, but not limited to, any paving or landscaping thereon, to the condition immediately existing prior to such repair or maintenance. 11. No Walls. Fences or Barriers; and Minimizing Disruption. Except as expressly otherwise provided in Section 21 below with respect to the ViaSat Leased Lots, no 2798 walls, fences, obstructions, or other barriers shall be constructed, erected or maintained on, over or across the Easements described herein which would prevent or impair the free use or exercise, of the access, drainage, utility and/or other easement rights specified in this Declaration. It is not the intention of the Declarant that the foregoing restrictions impede or prevent the installation of reasonable traffic controls as may be necessary to guide and control the orderly flow of traffic to and from the Easements which may be installed and maintained so long as the Easements are not closed or blocked. Afier delivery of at least ten (10) business days' prior written notice to the then other Owner(s) of the Lots, each of the Owners specifically reserve the right to close, temporarily, all or any portion of the Easements as may be deemed legally necessary and sufficient to prevent a dedication thereof or any accrual of the rights therein in any persons other than as expressly specified herein. 12. Damage to Improvements. The Association or any Owner, at its expense, shall promptly repair,.replace or restore any and all Improvements or other property that has been damaged or destroyed in the exercise of such party's easement rights granted herein, and shaii indemnify, defend and hold harmless all other Owners against all claims, costs, expenses and liabilities, including attorneys' fees, arising from the use of the Easements unless occasioned by the negligence or willful misconduct of the other Owner or its invitees, licensees, agents or ' employees. Except as provided above, each of the Owners shall be solely responsible for the cost ;'*} and expense of maintenance, repair and replacement of their respective Improvements situated" •;!;-&5 within, under or above-any of the Easementscreated hereby. ^ v^4 13^ Approval of Declarant; General Maintenance; Sight Distance Corridors *E 13.1 Approval. Declarant, or its successor or assign, shall be the "Declarant" under this Declaration, so long as it owns any interest in any of the Lots subject to this Declaration, or any portion thereof. Declarant shall have the right to approve the exterior design of any building proposed to be built on any Lot, any modification or renovation of any building on any Lot that would affect the exterior appearance of such building, and any fence, wall or other exterior structure, for architectural conformity to the buildings already constructed on any of the Lots. Any Owner or User may submit to the Declarant a request for such approval, such request to be in such form and containing such information as may be required by Declarant, prior to submission to any governmental agency of any application for any permit or approval required in connection therewith or, if no such permit or approval is required, prior to commencement of construction of such project. Declarant shall approve or disapprove in writing such request within thirty (30) days after submittal. The exterior of all Improvements shall be maintained in accordance with approved plans unless the prior written approval of the Declarant to make any alteration, improvement, addition or replacement is obtained as provided herein. 13.2 Maintenance. The exterior of all Improvements (except for the Basements, which shall be maintained as set forth in Section 10) on each Lot shall be maintained in good order, repair and condition; and all exterior painted surfaces shall be maintained in first-class condition and shall be repainted or retreated periodically as necessary. Each Owner shall, at all times and at its sole cost and expense, keep such Owner's Lot and the Improvements, including without limitation the buildings, paved parking areas, parking lot lighting and other structures 2799 thereon, in a well-maintained, safe, clean and attractive condition, except for the Easements, which shall be maintained as set forth in Section 10 (although each Owner shall be responsible for trash removal and sweeping of the Easements located on the Owner's Lot, as provided below). Such maintenance shall include, but not be limited to, the following: (a) Proper removal of all Utter, trash, refuse and waste (including all portions of the Easements on the Lot); (b) Keeping parking lot lighting and other exterior lighting and mechanical facilities and utilities in working order; (c) Keeping paved parking areas, sidewalks and walkways in good repair, maintenance and condition; (d) Complying with all government health, safety and police requirements; ' (e) Removing all papers, debris, filth, graffiti, refuse and surface waters from the portions of the Easements on the Owner's Lot and washing and sweeping paved -Barking, sidewalk$ndwalkwayareas, as required; ; f ; ; ^ KC;KM ->-. (f) Repair of damage and destruction to any and ail Improvements on siich?Lot (other than repairs expressly required to bedone by the Association or the Manager ;* - hereunder); and > (g) Maintenance of utility lines on such Lot. 13.3 Sight Distance Corridors. No structure, fence, wall, tree, shrub, sign or other object shall encroach within the area identified as the intersection sight distance in accordance with City Standard Public Street-Design Criteria, Sections 8.B. 1 and 2, as shown on the Map. The underlying Owner shall maintain this condition. 14. Operation and Maintenance of Easements. 14.1 Maintenance of Easements. The Manager shall have the exclusive right to manage, operate, maintain and repair al! of the Easements (except for those portions of the Easements that the Owners are obligated to maintain and repair pursuant to Section 10 above) and keep them in good order, condition and repair, commensurate with the operation of a first- class commercial and industrial center in the Carlsbad area and to pay all expenses related thereto. The Manager shall have the right from time to time to enter into an agreement or contract to manage, operate, maintain or repair all or part of the Easements (except for those portions of the Easements that the Owners are obligated to maintain and repair pursuant to Section 10 above) with any party; provided, that all agreements or contracts shall be terminable on no more than thirty (30) days' prior notice and no agreement or contract shall be binding on a Beneficiary or any purchaser at foreclosure. Without limiting the generality of anything set forth above, the Manager 2800 shall perform, without limitation, the following services in connection with the operation, maintenance and repair of the Easements: (a) Access Easements. Inspect, maintain, repair and replace the surface of the curbs, driveways and access easements, keeping them level, smooth and evenly covered with the type of suiface material originally installed thereon or such substitute therefor as shall be in all respects equal in quality, appearance and durability; (b) Maintain Signs. Maintain, replace and repair all entrance, exit and directional signs, markers, and striping on all roads, access easement and landscape easement areas, ss shall be reasonably required and in accordance with the practices prevailing in the operation of similar first-class commercial and industrial centers; (c) Clean and Maintain Lighting Fixtures. Clean all lighting fixtures on the Access Easements and Landscape Easements and reballast as needed; and inspect, maintain, repair and replace all lighting fixtures in Access Easements; (d) Maintain Landscaping. Except as otherwise expressly provided in Section 3.7 above, maintain, repair and replace the landscaping installed or to be installed on the Landscape Easements as necessary to keep the same in a clean, attractive, first-class cohditidhj5' : .': -•; ••-••• ->:>vr (e) Maintain Utility Systems. Except as otherwise expressly provided in Section 3.7 above, clean, repair, maintain and replace all utility systems that service the Access Easements, Landscape Easements, Underground Storm Drainage Easements, Utility Easements and Fountain Easement, including, but not limited to, electrical systems, domestic and fire protection water systems and storm drainage systems, to the extent that the same are not cleaned, repaired, maintained or replaced by public utilities or by the Owners. 14.2 Cost of Maintenance and Operation. The cost of maintenance of the Easements ("Easement Expenses") shall mean the total of all costs and expenses incurred by the Manager in performance of its duties pursuant to Section 14. 1 including, without limitation, (a) the cost of work required to maintain the Easements in the same condition as originally constructed; (b) all impositions relating to the Easements, if any; (c) premiums for such insurance relating to the Easements as Manager may deem necessary; (d) wages, salaries and related expenses and benefits of all on-site and off-site employees engaged in operation and maintenance; (e) all supplies, materials and equipment rental used in the connection with operation and maintenance of the Easements; (f) all maintenance, janitorial, and service costs; (g) a management cost recovery; (h) legal and accounting expenses, including the cost of audits by certified public accountants; (i) repairs, replacements and general maintenance (excluding those paid for by proceeds of insurance or other parties, and alterations attributable solely to Owners of the Lots); (j) reasonable reserves; (k) amounts necessary to fund and operate the Association if and when formed pursuant to Section 17; and (1) costs incurred pursuant to Section 12 above. 2801 15. Management. 15.1 Manager. Declarant shall be the initial Manager of the Project and shall have all rights and obligations given to the Manager under this Declaration. For so long as Declarant or any partnership, corporation, association, limited liability company or trust controlled by, or affiliated with, Declarant retains any ownership interest in the Project, Declarant shall have the sole right to appoint the Manager, subject to the approval of any Beneficiary holding a Deed of Trust on any of the Property, which approval shall not be unreasonably withheld. At any time the Approving Agent may terminate the Manager and (a) appoint an alternative Manager, or (b) approve an alternative form of management. 15.2 Duties of the Manager. The Manager shall take those actions as it deems reasonably necessary to ensure the operation of the Project as a first-class commercial and industrial center for the benefit of the Users, including, without limitation, the following: (a) Easement Maintenance. Operate and maintain the Easements as provided in Section 14.1 and pay the expenses thereof; (b) Rules and 'Regulations. Establish, publish and enforce reasonable rules and regulations governing the Project and^any facilities or activities thereon; --^ u ••" •<•" ;' '''.'• " • • ' • - • ••*••-.. (c) Taxes and Assessment?. Pay any taxes or assessments which are or could become a lien on any portion of the Property and obtain repayment from any Owner or Occupant responsible for payment thereof; K; (d) Insurance. Contract for insurance policies; (e) Assessments. Fix and notify each Owner of the amounts assessed against the Owner pursuant to Section 15.3 and, if the duty is delegated to Manager by the Approving Agent, enforce collection of assessments pursuant to Section 16.4; (f) Certificates. Issue on request by any person having a legitimate interest, a certificate stating whether payment of assessments by an Owner is current; (g) Bank Accounts. Designate a banking institution or institutions as a depository for funds, and withdraw funds as necessary; (h) Employees. Expenses and Contracts. Employ persons and incur expenses for legal, accounting, engineering and other professional services as are reasonably necessary to carry out the duties under this Section 15.2, together with the exclusive right to contract for all goods, services, maintenance, repair, construction and insurance in connection with the exercise of its duties; and 2802 (i) Required Actions. Take any other actions which are reasonably required for the operation and maintenance of the Property or which will enhance the value and attractiveness of the Property for the benefit of the Owners. 15.3 Assessments. No later than ten (10) days prior to the commencement of each calendar year, Manager shall estimate and notify each Owner of the Easement Expenses payable by each Owner pursuant to Section 14.2. The Easement Expenses shall be allocated to each Owner pursuant to the percentages set forth in Sections 2.6, 2.7, 3.8, 3.9, 3.10, 3.11, 3.12, 3.13,4.4,4.5, 5.7,6.7 and 9.3. Each Owner shall pay to Manager, in advance on the first day of each month, one-twelfth (1/12) of the Manager's estimated amount set forth in the notice from Manager. Within one hundred twenty (120) days (or as soon thereafter as possible) after Ihe end of each calendar year, Manager shall provide each Owner with a statement to account for any difference between the actual and the estimated Easement Expenses for the previous year. If any Owner has overpaid the amount of Easement Expenses owing pursuant to Section 14.2, Manager shall credit the overpayment to the Owner within thirty (30) days after the Owner's receipt of Manager's statement. If any Owner has underpaid the amount of Easement Expenses owing • pursuant to Section 14.2 the Owner shall pay the amount of the underpayment to Declarant within thirty (30) days after the Owner's receipt of the Manager's statement. .::?-.--' vi i;?-^£5.4 -Indemnification of Manager. The Owners shall indemnify Managerand Its/; - officers, directors, employees, agents and partners (collectively, "Indemnitee'') against^ and hold them harmless from all claims, costs, expenses and liabilities, including attorneys' feesw'" ^ ];! •;" (eollectively*"€laims"); arising from the conduct or management of any work or thingldbhe by':" Indemnitee in connection with the good-faith performance of its duties under this Declaration; except to the extent that the Claims arise from the gross negligence or willful act or omission of the Indemnitee. 15.5 Manager's Books and Records. At any time during the term of this Declaration, any Owner, upon reasonable notice and during normal business hours, may inspect those books and records of the Manager which pertain to assessments or the performance of any of Manager's duties under this Declaration. In addition, any one Owner may request an audit of the books and records, so long as the total of all Owner-requested audits does not exceed one (1) per year. The audits shall be performed at the requesting Owner's sole expense. Upon completion of any audit, the results shall be sent to each Owner and any payments or reimbursements due as a result of the audit shall be made within thirty (30) days of the completion date. 16. Enforcement. 16.1 Successors and Assigns. All of the provisions herein contained shall run with the Property and shall be enforceable at law and in equity. The Easements granted herein are perpetual and non-exclusive. No default of any party in the performance of any obligations hereunder shall impair, terminate or otherwise affect the validity or effectiveness of any easement or the defaulting party's rights with respect to the use thereof. The occurrence of any default hereunder shall not defeat or render invalid the lien of any mortgage or deed of trust made in 28Q3 good faith and value; provided, the successor in interest to any defaulting party whose title is acquired by foreclosure or otherwise shall take subject to such default and promptly cure or commence action to cure the same. 16.2 Right to Enforce. (a) Approving Agent. So long as there is an Approving Agent, the Approving Agent shall have the exclusive right to enforce this Declaration without liability for failure to do so; provided, however, thai each Owner shall have the right to enforce this Declaration if the Approving Agent shall fail to take action to enforce this Declaration within thirty (30) days after a written request from any Owner. (b) Owners' Right to Enforce. After there ceases to be an Approving Agent, each Owner shall have the right to enforce this Declaration without liability for failure to do so. (c) General Enforcement by the City. The City shall have the right, but not the obligation, to enforce those covenants set forth in this Declaration in favor of, or in which the City has an interest, 16.3 Cost of Enforcement. ; ; A (a) v Noncompliance Expenses arid Special Repair Expenses. In addition to the right to proceed in equity for the enforcement of this Declaration, if any covenant, condition or restriction of this Declaration is violated or breached, the Approving Agent, without liability for failure so to do, may enter on the Lot of the violation or breach and take whatever action the Approving Agent may deem necessary to abate and remove nonconforming uses or to otherwise effect compliance with this Declaration, at the expense of the Owner of the Lot; provided, that the Approving Agent shall have given to the Owner of the Lot at least thirty (30) days' written notice of the Approving Agent's intention to do so and the Owner of the Lot shall have failed to correct the violation or breach; and in such case the Owner of the Lot shall be responsible to reimburse the Approving Agent upon demand for all costs and expenses incurred in connection therewith ("Noncompliance Expenses") in accordance with the provisions of Section 16.3(b) below. In addition, if any Owner or any User of an Owner's Lot damages the Easements, or uses the Easements in a manner which causes the Manager to spend sums in excess of those ordinarily required for the maintenance of the Easements in accordance with this Declaration, as reasonably determined by the Manager, the excess costs incurred by the Manager ("Special Repair Expenses") shall be reimbursed to the Manager upon demand by the Owner of the Lot that caused the need for the Special Repair Expenses, in accordance with Section 16.3(b) below. In order to provide for the implementation of the provisions of this Section 16.3 (a), each Owner of a Lot by acceptance of a deed or other conveyance thereof, whether or not it shall be so expressed in the deed or the conveyance, is and shall be deemed to covenant and agree to pay the Approving Agent an assessment for any Noncompliance Expenses and/or Special Repair Expenses incurred by the Approving Agent and/or Manager, as applicable, in connection with the Owner's Lot. 2804 (b) Statement of Noncompliance Expenses and Special Repair Expenses. The Approving Agent shall maintain accurate books and records reflecting any Noncompliance Expenses and Special Repair Expenses and shall provide each Owner of an affected Lot a statement with respect thereto. Each affected Owner shall pay any Noncompliance Expenses and/or Special Repair Expenses applicable to the Owner's Lot within ten (10) days following the receipt of the statement. If the statement is deposited in the United States mail in the State of California, duly certified or registered with postage prepaid and addressed to the Owner affected thereby at its Lot, the same shall be deemed received by the Owner seventy-two (72) hours after deposit. 16,4 Enforcement of Delinquent Assessments. (a) Liens. Any delinquent assessments (including Noncompliance Expenses and/or Special Repair Expenses assessments), together with interest thereon and costs of collection thereof as provided below, shall be a charge on the affected Lot and shall be a : > continuing Ken on the Lot against which the assessments are made. The lien shall become effective upon recordation of a notice of claim of lien as provided herein. The assessment, i together with interest and costs, shall also be the personal obligation of the person or entity who is the Owner of the Lot at the time when payment of the assessment, or any portion thereof, was i due and shall bind its heirs, devisees, personal representatives, successors and assigns- However; the personal obligation shall not pass to its successors in title unless expressly assumed by them; ' No Owner may waive or otherwise escape personal liability for the assessment provided hereto by v nonuse or abandonment of the Owner's Lot. - r (b) Interest: Delinquency. If any assessment (including Noncompliance Expenses and Special Repair Expenses assessments) or any portion thereof is not paid within ten (10) days after the due date, the assessment shall bear interest from the date of delinquency at the lesser of the highest legal rate or fifteen percent (15%) per annum, and, in addition to all other legal and equitable rights or remedies, the Approving Agent may, at the Approving Agent's option, bring an action at law against the Owner who is personally obligated to pay the same, or, upon compliance with the notice provisions set forth below, to foreclose the lien against the Lot, and there shall be added to the amount of the assessment or any portion thereof, the interest thereon, all costs and expenses, including reasonable attorneys' fees, incurred by the Approving Agent in collecting the delinquent assessment. In lieu of judicially foreclosing the lien, the Approving Agent, at the Approving Agent's option, may foreclose the Hen by proceeding under a power of sale as provided below, such a power of sale being given to the Approving Agent as to each and every L-ot for the purpose of collecting assessments. Each Owner vests in the Approving Agent and the Approving Agent's successors or assigns, the right and authority to bring all actions against the Owner or other Owners for purposes of collecting delinquent assessments. (c) Foreclosure: Notice of Claim of Lien. No action shall be brought to foreclose the lien or to proceed under the power of sale less than thirty (30) days after the date that a notice of claim of lien, executed by the Approving Agent, is recorded in the Official 2805 Records of San Diego County, such notice, stating the amount claimed (which may include interest and costs of collection, including reasonable attorneys' fees), a good and sufficient legal description of the Lot being assessed, the name of the record owner or reputed Owner thereof, and the name and address of the Approving Agent as claimant. A copy of the notice of claim shall be deposited in the United States mail, certified or registered, and postage prepaid, addressed to the Owner of the Lot. (d) Sale in Accord with Sections 2924. 2924b. and 2924c of California Civil Code. Any sale provided for above shall be conducted in accordance with Sections 2924, 2924b and 2924c of the Civil Code of the State of California, applicable to the exercise of powers of sale in mortgages and deeds of trust, or in any other manner permitted or provided by law. The Applying Agent shall have the power to bid on the Lot at the foreclosure sale, and to acquire, hold, mortgage and convey the same. (e) Cure of Default: Release of Lien. Upon the timely curing of the default for which a notice of claim of lien was recorded by the Approving Agent, the Approving Agent is hereby authorized to file or record, as the case may be, an appropriate release of the notice, upon payment by the defaulting Owner of a fee to be determined by the Approving Agent to cover the costs of preparing and filing or recording the release together with any additional payment as may be required to reimburse the Approving Agent for other costs, interest and fees as the Approving Agent has incurred. ^ . (f) fe Other Remedies. The assessment lien and the rights to foreclosure and sell thereunder shall be in addition to, and not in substitution for, all other rights and remedies which the Approving Agent has hereunder and by law and equity. (g) Approving Agent's Authority. The Approving Agent shall have the right to prosecute a proceeding at law or in equity against any person who violates or is attempting to violate any of the covenants, conditions and restrictions of this Declaration, to enjoin or prevent any such person from doing so, to cause any violation to be remedied and/or to recover damages for any violation. (h) Violation of Restrictions as Nuisance. The result of every action or omission whereby the covenants, conditions or restrictions of this Declaration are violated is hereby declared to be and to constitute a nuisance, and every remedy allowed by law or equity to abate a nuisance shall be available to the Approving Agent. (i) Attorneys' Fees: Costs. In legal or equitable proceedings to enforce or to restrain a violation of the covenants, conditions or restrictions of this Declaration or any other provisions hereof, the losing party or parties shall pay the attorneys' fees of the prevailing party or parties in such amount as may be fixed by the court in such proceedings. (j) Remedies Cumulative. All remedies provided herein or at law and in equity shall be cumulative and not exclusive. 2806 (k) Waiver. Failure by the Approving Agent to enforce this Declaration or any provisions herein contained shall in no event be deemed a waiver of the right to do so thereafter. 17. Association. 17.1 Formation of Association. Declarant shall prior to or upon the first sale of a Lot cause to be incorporated a nonprofit corporation under the laws of the State of California, which is referred to herein as the Association, for the purpose of performing the obligations of the Manager and Approving Agent under this Declaration. Upon formation of the Association, each Owner of a Lot shall automatically be and become a member thereof during all periods of the Owner's ownership of a Lot. The Association shall be governed in accordance with articles of incorporation and bylaws to be prescribed by Declarant which shall incorporate such provisions as the Declarant may deem necessary or appropriate for the Association to carry out the purposes and intent of this Declaration. 17.2 Assessments. The Association shall be financed by annual assessments and special assessments which shall be assessed by the Manager pursuant to Section 16.3 above. ' - 17.3 Rights of Access- The Association shall have access rights as necessary in order to perform all of the obligations of the Association under this Declaration. 18. Rights of Beneficiaries. , ,. t 18.1 Notices. A Beneficiary shall not be entitled to receive any notice from Approving Agent unless and until such Beneficiary has delivered to Approving Agent a written notice stating that such Beneficiary is the holder of a Deed of Trust, encumbering a Lot. Following receipt of the notice by Approving Agent, Approving Agent shall thereafter send to the Beneficiary copies of any and all notices thereafter sent to the Owner of the Lot subject to the applicable Deed of Trust. 18.2 Priority. No breach of the covenants, conditions or restrictions herein contained nor the enforcement of any lien provisions herein shall affect, impair, defeat or render invalid the lien or charge of any Deed of Trust made in good faith and for value encumbering any Lot, but all of said covenants, conditions and restrictions shall be binding upon and effective against any Owner whose title is derived through foreclosure, trustee's sale, deed in lieu of foreclosure or otherwise with respect to such Lot. 18.3 Relationship. (a) Subordination. The liens provided for in Section 16 hereof shall be subordinate to the lien of any Deed of Trust, which was recorded prior to the date any such assessment or expense becomes due. 2807 (b) Events of Foreclosure. If any Lots subject to a lien created by any provision hereof shall be subject to the lien of a Deed of Trust, the foreclosure of any lien created by anything set forth in this Declaration shall not operate to affect or impair the lien of such Deed of Trust and the foreclosure of the lien of said Deed of Trust, the acceptance of a deed in lieu of foreclosure or a sale under the power of sale included in such Deed of Trust (collectively "Events of Foreclosure") shall not operate to affect or impair the lien hereof, except that any persons or entity who obtains an interest through any of the Events of Foreclosure and their successors in interest shall take title free of the lien hereof or any personal obligation for said charges as shall have accrued up to the time of any of the Events of Foreclosure but subject to the Hen hereof for all said charges that shall accrue subsequent to the Events of Foreclosure. (c) Unpaid Assessments. Any Beneficiary who obtains title to a Lot by reason of any of the Events of Foreclosure or any purchaser at a private or judicial foreclosure sale shall take title to such Lot free of any lien or claim for unpaid assessments or expenses against such Lot which accrued prior to the time such Beneficiary or purchaser takes title to such Lot, except for liens or claims for a share of such assessments or expenses resulting from a pro rata reallocatson of such assessments or expenses to all Lots within the Property. 18.4 Effect. Nothing herein shall be construed to release any Owner from its obligation to-pay for any assessment or expense levied pursuant to this Declaration. 19. Successors and Assigns. The terms, covenants and conditions herein contained .shallapply;to andke binding upon and inure to the benefit and the burden; as the case may be, of the employees, tenants, subtenants, agents, invitees, heirs, grantees, successors and assigns of Declarant, and each and every future owner of any portion of the Lots and each of their respective lieirs, grantees, successors and assigns, and shall run with the Lots. The easements herein granted and the obligations imposed herein shall also run with the Lots for the benefit and burden of any mortgagee of or the holder of a beneficial interest under a deed of trust applicable to the Lots, as the interest of said mortgagee or deed of trust holder may appear. Any and all of the rights, powers and reservations of Declarant herein contained may be assigned to any person, corporation or association that will assume the duties of Declarant pertaining to the particular rights, powers and reservations assigned, and upon any such person, corporation or association's evidencing its consent in writing to accept such assignment and assume such duties, he, she or it shall, to the extent of such assignment, have the same rights and powers and be subject to the same obligations and duties as are given to and assumed by Declarant herein. 28. Property Taxes and Insurance. Each of the Owners shall pay on or before delinquency all real property taxes and assessments attributable to their respective Lot. During the term of this Declaration, each of the Owners hereby covenant and agree to maintain commercial general liability and property damage insurance for the portion of the Easements situated within each such Owners' lot with a combined single limit of liability in the amount of at least $3,000,000 per occurrence, or such higher limit as the board of directors of the Association may reasonably establish from time to time. Such insurance may be part of each Owners' insurance maintained for its respective lot and such insurance may be obtained under a blanket 2808 policy of insurance. Each of the Owners shall name the other Owner(s), the Manager, the Association and their lender(s) as additional insureds under each such insurance policy. 21. ViaSat Exclusive Rights. Notwithstanding anything elsewhere in this Declaration to the contrary: 21.1 So long as ViaSat, Inc. or any affiliate of ViaSat, Inc. (collectively hereinafter referred to as "ViaSat") (for purposes of this Section 21, "affiliate" shall mean any corporation or other entity which controls, is controlled by, or is under common control with ViaSat, Inc., or any corporation or other entity resulting from a merger or consolidation with ViaSat, Inc., or any person or entity which acquires substantially all of the assets of ViaSat, Inc. as a going concern) shall continue to be the tenant under the ViaSat Lease (or any extension or renewal thereof) or shall become and thereafter remain the Owner of any of the ViaSat Leased Lots, ViaSat shall have exclusive parking rights as follows: so long as ViaSat leases or owns the ViaSat Leased Lots, ViaSat shall have the exclusive right to use of all parking spaces on the ViaSat Leased Lots, and shall have the right to erect gates, walls, fences, obstructions, or other barriers in order to ensure the reservation of such exclusive rights to itself; provided, however, that no such gate, wall, fence, obstruction, or other barrier shall unreasonably prevent or impair the free use or exercise of the ingress and egress and/or other easement rights specified in this Declaration not so-reserved to ViaSat;- (^;>; <an;->; •• -> i;-i - ; ;;^: 21.2 Notwithstanding the foregoing provisions of Section 21.1 to the contrary^ in the event of-a sublease or assignment of the whole or any part of the premises leased by ViaSat pursuant to the ViaSat Lease, the number of parking spaces reserved for the exclusive use of ViaSat shall be reduced by an amount equal to four (4) parking spaces for each one thousand (1,000) square feet of such premises assigned or sublet, and ViaSat shall no longer have the right to erect gates, walls, fences, obstructions, or other barriers to ensure the reservation of exclusive parking rights on the ViaSat Leased Lots. 22. No Partnership. None of the terms, provisions or conditions contained in this Declaration shall be deemed to create a partnership, joint venture, joint enterprise or similar type entity between or among the Owners and any of their heirs, successors or assigns. 23. Notices. All notices, requests, demands and other communications given or required to be given under this Declaration shall be in writing, duly addressed to the parties as follows. If to Declarant at: c/o Legacy Partners Commercial, inc. 16745 West Bernardo Drive San Diego, California 92127 Attention: Property Manager 2809 If to any other Owner, at its address for tax statements as shown in the public records. Any such notice sent by registered or certified mail, return receipt requested, shall be deemed to have been duly given and received at 5:00 p.m. (Pacific Time) two (2) business days after it is so addressed and mailed with postage prepaid. Any such notice sent by a recognized overnight courier service, shall be deemed to have been duly given and received at 5:00 p.m. (Pacific Time) one (1) business day after it is so addressed and sent with the cost for such overnight service prepaid. Notice sent by any other manner shall be effective only upon actual receipt thereof. Any party may change its address for purposes of this Declaration by giving notice to the other party as provided herein. 24. Miscellaneous Provisions. 24.1 Term. This Declaration shall continue to remain in full force and effect at all times with respect to all the Property (subject, however, to the right to amend and repeal as provided for herein) for a term of thirty (30) years from the date this Declaration is recorded. However, unless within one (1) year prior to the expiration of the thirty (30) year term there shall be recorded an instrument conforming to the provisions of Section 24.2 below directing the termination of this Dedarationi this Declaration as in effect immediately prior to the expiration date of the thirty (30) year term shall be continued automatically without any further notice for an additional period of five (5) years and thereafter for successive terms of five (5) years unless within one yearprior to the expiration of any such five (5) year period this Declaration is terminated as set forth below in Section 24.2. 24.2 Amendment. This Declaration and any provision contained herein may be terminated, extended, modified or amended as to the whole Property or any portion thereof with the written consent of the Owners of seventy-five percent (75%) of the Property, based on the following net acreage and percentage figures; provided, however, that (i) as long as the Approving Agent owns at least fifty percent (50%) of the Property based on such figures, the Approving Agent, acting alone, may terminate, extend, modify or amend this Declaration or any provision contained herein; and further provided that as long as the Approving Agent owns at least twenty-five percent (25%) of the Property based on such figures or for a period of fifteen (15) years from the effective date hereof, whichever period is longer, no such termination, extension, modification or amendment shall be effective without the written consent of the Approving Agent. No such termination, extension, modification or amendment shall be effective until a proper instrument in writing has been executed, acknowledged and recorded in the Official Records of San Diego County. Lot: Net Acreage: Percentage of Property: . Lotl 3.412 9.290% Lot 2 3.503 9.538% Lot 3 3.58 9.747% 2810 Lot: Net Acreage: Percentage of Property: Lot 4 2.996 8.157% Lot 5 3.1 75 8.645% Lot 6 4.143 11.280% Lot? 3.017 8.214% Lot8 3.674 10.003% Lot 9 2.359 6.423% Lot 10 1.922 5.233% Lot 11 2.397 6.526% Lot 12 2.55 6.943% Total: 36.728 100.00% 24,3 No breach of any of the covenants, restrictions or other provisions contained in this Declaration, or any enforcement thereof, shall defeat or render invalid the lien of any rnortgage or deed of trust now or hereafter executed upjon ; the Lots;; but all,of4heiOTegping;p provisions, restrictions and covenants shall be binding and effective against the Owners) p?the Lots, or any part thereof, whose title thereto is acquired by foreclosure, trustee's saje^pr! ; ; , ••• 24.4 Invalidation of any one of the terms, covenants and conditions of other provisions herein contained by judgment or court order shall in no way affect any of the other terms, covenants and conditions or provisions hereof; the same shall remain in full force and effect. 24.5 The provisions of this Declaration shall not be deemed to constitute a dedication for public use or to create any right in the general public. 24.6 In any legal or equitable proceeding for the enforcement of or to restrain the violation of this Declaration or any provision hereof, the losing party or parties shall pay the attorneys1 fees of the prevailing party or parties, in such amount as shall be fixed by the court in such proceedings. 24.7 This Declaration is made in the State of California and its validity, construction, and all rights under it shall be governed by California law. 24.3 This Declaration, executed as of the date hereof, shall take effect only upon, from and after its recordation in the Office of the County Recorder of San Diego County, California. 2811 24.9 The Easements are not severable from the Lots and may not be assigned, transferred or otherwise conveyed separate or apart from the Lots. 24.10 Each of the Owners' respective use and enjoyment of the Easements and the Easements shall not materially impair, or otherwise materially interfere with, the other parties' use and quiet enjoyment of the other Lots. IN WITNESS WHEREOF, Declarant has executed this Declaration as of the day and year first hereinabove written. DECLARANT: W9/LNP Real Estate Limited Partnership, a Delaware limited partnership By:Legacy Partners Commercial, Inc., as manager for W9/LNP Real EsialeJ-Jmited Partners a Dj&sware Lumped Pai [ATTACH JURAT] 2812 State of California County of Orange Subscribed and sworn to before me on this (month), 3Q(J7) (year). WITNESS my hand and official seal. UJL ignature o/JqoV \ day of JUUE JOHNSTON Comrnfston* 1218390 Moteay PufcRc - Calif ortto Orange CountyMy Corren. B«pte May 1 ft 30D3 2813 CALIFORNIA ALL-PURPOSE ACKNOWLEDQMEMT £css&3^x?sefi^g^^ State of California County of personally appeared ^personally known to me C proved to me on the basis of satisfactory evidence JULJE JOHNSTON Commission * 12IS89C - California OfongeCounly to be the persor\£j whose namej^ subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/rwftfieTr authorized capacity(&s), and that by his/bef#fe»ir signatured on the instrument the persongs), or the entity upon behalf of which the acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Alxwe OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on ths document and could prevent fraudulent removal and reattaehmenl of this form to another document. Description of Attached Document Titla or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Sianer's Name: D Individual n Corporate Officer — Title(s): G Partner — D Limited G Genera! D Attorney in Fact D Trustee Q Guardian or Conservator 0 Other: Signer Is Representing: RIGHT THUMBPRINT••-u OF SIGNER ' • Top of thumb here 3|i "jh* £> 1997 National Notary Association • 9150 Oe Soto Ave.. P.O. Bex 2402 • Ctutaworti. CA 91313-2402 Prod No. 5907 Reorder CaB Tod-Friit 1-SOCW76-682? 2814 A-l Property A-2 Property B-l Zone 1 B-2 Zone 1 C-l Zone 2 C-2 Zone 2 D-l Zone 3 D-2 Zone3 E-l Zone 4: E-2 Zone 4 F-l Access Easements A through D F-2 Access Easements A through D G-l Zone 1 Landscape Easement LIST OF EXHIBITS BENEFITS N/A N/A N/A N/A N/A N/A N/A N/A ; N/A N/A A-All Lots B - Lower Lots C-Lower Lots D - Lower Lots A-All Lots B-Lower Lots C - Lower Lots D-Lower Lots Zonel DESCRIPTION Legal description of Property Plat of Property Legal description of Zone 1 (Lots 1,2 and 3) Plat of Zone 1 (Lots 1,2 and 3) Legal description of Zone 2 (Lots 4 and 5) Plat of Zone 2 (Lots 4 and 5) Legal description of Zone 3 (Lots 6,7 and 8) Plat of Zone 3 (tots 6,7 and 8) Legal description of Zone 4 (Lots 9, 10,11 and 12) Plat of Zone 4 (Lots 9,10,11 and 12) Legal description of Access Easements A through D (Parcels 'A' through T)1 as shown on the map prepared by ODay Consultants entitled "Reciprocal AccesatJtiiity") Plat of Access Easements A through D (Parcels 'A' through T>' as shown on the map prepared by O*Day Consultants entitled "Reciprocal Access/Utility'') Plat of Zone 1 Landscape Easement 2815 EXHIBIT H-l Zone 2 Landscape Easement 1-1 Zone 3 Landscape Easement J-l Zone 4 Landscape Easement K-l Zone 5 Landscape Easement L-l Zone 6 Landscape Easement M-l Zone 3 Irrigation Easement M-2 Zone 3 Irrigation Easement N-l Zone 4 Irrigation Easement N-2 Zone 4 Irrigation Easement O-l Underground Storm Drainage Easement A O-2 Underground Storm Drainage Easement A P-l Underground Storm Drainage Easement B P-2 Underground Storm Drainage Easement B Q-l Underground Storm Drainage Easement C Q-2 Underground Storm Drainage Easement C BENEFITS Zone 2 Zone 3 Zone 4 All Zones Zonel Zone3 ZoneS Zone4 Zone 4 Lotsl-5 Lots 1 - 5 Lots 4-12 Lots4-12 Lot5 LotS DESCRIPTION PJat of Zone 2 Landscape Easement Plat of Zone 3 Landscape Easement Plat of Zone 4 Landscape Easement Plat of El Camuio Real parkway Flat of Zone 6 Landscape Easement Legal description of Zone 3 Irrigation Easement Plat of Zone 3 Irrigation Easement Legal description of Zone 4 Irrigation Easement Plat of Zone 4 Irrigation Easement Legal description of Underground Storm Drainage Easement A Plat of Underground Storm Drainage Easement A Legal description of Underground Storm Drainage Easement B Plat of Underground Storm Drainage Easement B Legal description of Underground Storm Drainage Easement C Plat of Underground Storm Drainage Easement C 2816 R-l R-2 S-l S-2 T-l T-2 U-l EXHIBIT Underground Storm Drainage Easement D Underground Storm Drainage Easement D Underground Storm Drainage Easement E Underground Storm Drainage Easement E Surface Drainage Easements A through E Surface Drainage Easements A through E Temporary Surface Drainage Easements A through C U-2 Temporary Surface Drainage Easements A through C BENEFITS Lot 10 Lot 10 Lot 11 Lot 11 A - Lots 1 and 2 B-Lots 1 through 7 C-Lots4and5 D-Lotl E-Lots 9,10 and 11 A - Lots 1 and 2 B-Lots 1 through 7 C - Lots 4 and 5 D-Lotl E-Lots9, lOandll A-Lots 5,7, 8,9,10 and 11 B-Lots 9,10 and 11 C-Lots 4 through 11 A-Lots 5,7,8,9,10 and 11 B-Lots 9,10 and 11 C-Lots 4 through 11 DESCRIPTION Legal description of Underground Storm Drainage Easement D Plat of Underground Storm Drainage Easement D Legal description of Underground Storm Drainage Easement E Plat of Underground Storm Drainage Easement E Legal description of Surface Drainage Easements A through E Plat of Surface Drainage Easements A through E Legal description of Temporary Surface Drainage Easements A through C Plat of Temporary Surface Drainage Easements A through C 2817 EXHIBIT BENEFITS V-l Utility Easement A Lot 1 V-2 Utility Easement A Lot 1 W-l Utility Easement B Lot2 W-2 Utility EasementB Lot 2 X-l Utility Easement C Lot 6 X-2 Utility Easement C Lot 6 Y-l Utility Easement D Lot 9 Y-2 Utility Easement D Lot 9 Z-l Utility EaseinentE Lot 10 Z-2 Utility Easement E Lot 10 AA-1 Utility Easement F Lot 11 AA-2 Utility Easement F Lot 11 BB-1 Utility Easement G Lot 12 BB-2 Utility Easement G Lot 12 CC-1 Utility Easements Hand I Lot? CC-2 Utility Easements H and 1 Lot? DD-1 Fouirtain Easement Lots 7 and 8 DESCRIPTION Legal description of Utility Easement A Plat of Utility Easement A Legal description of Utility Easement B Plat of Utility Easement B Legal description of Utility Easement C Plat of Utility Easement C Legal description of Utility Easement D Plat of Utility Easement D Legal description of Utility Easement • .E . •. • . Plat of Utility Easement E Legal description of Utility Easement F Plat of Utility Easement F Legal description of Utility Easement G Plat of Utility Easement G Legal description of Utility Easements Hand I Plat of Utility Easements H and I Legal description of Fountain Easement DD-2 Fountain Easement Lots 7 and 8 Plat of Fountain Easement 2818 NOVEMBER 3, 1998 REVISED MARCH 3, 2000 J.N. 971041 EXHIBIT "A-l" LEGAL DESCRIPTION OF PROPERTY LOTS 1 THROUGH 12, INCLUSIVE, OF MAP NO. 13716 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO ON DECEMBER 31, 1998, AS FILE NO. 1998-865598 OF OFFICIAL RECORDS. W:\MSOFFICE\WINWORD\971041\xbital.lgl PROPOSED R/W EL CAMINO REAL WT 1 VfLYR/W EL CAMINQREALSUBDIVISION BOUNDARY ^-SUBDIVISIONr BOUNDARY FtQ9 t 9Q3Q \ SUBDIVISION BOUNDARY COKrg Bf U BASIS OF SEARINGS: THE BASIS OF BEARINGS FOR THESE PLATS IS THE CENTmJNE OF EL CAM/NO REAL AS SHOW ON PARCEL MAP NO. 1110. /.£ NORTH OdU8'55" EAST. CONSULT MOO Pmteur Court '*** 100c<*fo<tw mat fo>:J60-95l -« LEGAL DESCRIPTION: LOTS 1-12 OF MAP NO, 13716 EXHIBIT 'A-2' LINCOLN NORTHPOINTE PROPERTY OF 1 REQUESTED BY:PREPAREp BY: 2820 NOVEMBER 3, 1998 REVISED MARCH 3, 2000 J.N. 971041 EXHIBIT "B-l" LEGAL DESCRIPTION OF ZONE 1 LOTS 1 THROUGH 3, INCLUSIVE, OF MAP NO. 13716 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO ON DECEMBER 31, 1998, AS FILE NO. 1998-865598 OF OFFICIAL RECORDS. V!: \MSOFFICE\WINWORD\97104 lAxbitbl. Igl LEGEND: —_ SUBDIVISION BOUNDARY SUBDIVISION BOUNDARY RECORD® JES8WL2L1SS FOG BOUNDARY AND LOT UNE DATA, EXHIBIT '8-2* ZONE 1 (LOTS 1, 2, & 3) PREPAREJ^jBY: SHT. 1 OF 1 2822 NOVEMBER 3, 1998 REVISED MARCH 3, 2000 J.N. 971041 EXHIBIT "C-l" LEGAL DESCRIPTION OF ZONE 2 LOTS 4 AND 5 OF MAP NO. 13716 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO ON DECEMBER 31, 1998, AS FILE NO. 1998- 865598 OF OFFICIAL RECORDS. W:\MSOFFICF\WIHWORD\9710«\xbitcl.lgl PROPOSED ft/W £L CAHINO REAL SUBDIVISION \ BOUNDARY * SCALD T » 300* Ufft LOTUNES SUBDIVISIONBOUNDARY COSTS D£ LA P&A BOUNDARY AND LOT UNf DATA. EXHIB8T 'C-2* ZONE 2 (LOTS 4 & 5)SHT. 1 OF 1 PREPARED BY:EQUESTED BY:t /• tin 2824 NOVEMBER 3, 1998 REVISED MARCH 3, 2000 J.N. 971041 EXHIBIT "D-l" LEGAL DESCRIPTION OF ZONE 3 LOTS 6 THROUGH 8, INCLUSIVE, OF MAP NO. 13716 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO ON DECEMBER 31, 1998, AS FILE NO. 1998-865598 OF OFFICIAL RECORDS. W:\MSOFFICE\WINWORD\971on\xbitdl.igl _.._ SUBDIVISION \ tHVIUhAOV 'BOUNDARY SCALE: I" = 300* CJTY OCCAMSOE PROPOSED R/W CAMINO REAL SUBDIVISION BOUNDARY ROS t9939 \ ZQSTf BS LA PW- SEZfWU. 14APNQJ&1S-, RECORDED KCO&R 3L 1998 FOR BOUNDARY AND LOT Off DATA. NO SOil CONSULT At T MOO 760-»JI-7?00 EXHIBIT 'D-2' ZONE 3 (LOTS 6, 7, & 8)SHTS. '.EQUESTEO BY:> It »>r» n»-»i PREPARED BY:_.«.^., .. j<*~. .»*I 2826 NOVEMBER 3, 1998 REVISED MARCH 3, 2000 J.N. 971041 EXHIBIT ."E-l" LEGAL DESCRIPTION OF ZONE 4 LOTS 9 THROUGH 12, INCLUSIVE, OF MAP NO. 13716 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO ON DECEMBER 31,1998, AS FILE NO. 1998-865598 OF OFFICIAL RECORDS. W:\MSOFFICE\WINWORD\971041\xbitel.lgl F*\ PROPOSED f a CAM/HO ffcAL \ LOT1 SUSDiUSW i BOUHOARY ! SCALE: I* * 300* CITY ftos .803 ff \ CSJKOtBSU SEEFNAL D£CEH$ER3t. fSSS FOR BOUNDARY AND LOTUN£ DATA EXHIBIT *E-2* ZONE 4 (LOTS 9, 1O, 11. * 12)SHTS. EQUESTED BY:t/iMP PPAI rCTATT PREPARED BY:> n'rstu T 2828 NOVEMBER 3, 1998 REVISED MARCH 3, 2000 J.N.: 971041 EXHIBIT "F-l" RECIPROCAL PRIVATE ACCESS AND UTILITY EASEMENTS "A" - "D" RECIPROCAL PRIVATE ACCESS AMD UTILITY EASEMENT "A" : ALL THOSE PORTIONS OF LOTS 3 THROUGH 8, INCLUSIVE, OF MAP NO. 13716 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO ON DECEMBER 31, 1998, AS FILE NO. 1998- 865598 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: i BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 8,' THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 8 NORTH Sl^l'OS" WEST, 37.95 FEET TO THE BEGINNING OF A 500.00 FOOT RADIUS TANGENT CURVE, CONCAVE SOUTHERLY; THENCE WESTERLY ALONGi THE 'ARC OF SAID CURVE, THROUGH A CENTRAL, ANGLE OF 00°45!59", AN ARC DISTANCE OF 6.69 F£ET"'T0 ,A POINT HA\(IN(5, A RADIAL BEARING OF NOR^H 07°22«56" EAST, SAID- U?OINT ALSO THE TRUE POINT OF BEGINNING"; . ->V ' CONTINUING .ALONG SAID SOUTHERLY LINE AND ALONG - THE ARC OF SAID 500.00 FOOT RADIUS CURVE, THROUGH A CENTRAL ANGLE OF 29°59'39", AN ARC DISTANCE OF 261.75 FEET? THENCE TANGENT TO SAID CURVE SOUTH 67°23'17" WEST, 277.35 FEET; THENCE LEAVING SAID SOUTHERLY LINE NORTH 08°08'55" EAST, 12.80 FEET; THENCE SOUTH 67°23'17" WEST, 17.05 FEET TO THE BEGINNING OF A TANGENT 215.00 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 19°19'54", AN ARC DISTANCE OF 72.54 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "A"; THENCE NORTH 03°16'49" WEST, 30.00 FEET TO THE BEGINNING OF A NON-TANGENT 185.00 FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 03°16'49" EAST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 19°19'54", AN ARC DISTANCE OF 62.42 FEET; THENCE TANGENT TO SAID CURVE NORTH 67°23'17" EAST, 34.91 FEET; THENCE NORTH 08°08'55" EAST, 321.27 FEET; THENCE NORTH 07°14 ' 59" EAST, 63.75 FEET; THENCE NORTH 08°08 * 55" EAST, 309.65 FEET; THENCE NORTH 14°58M7" WEST, 75.26 FEET TO THE BEGINNING OF A NON-TANGENT 36.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 19005'56" WEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 31tf17f50", AN ARC DISTANCE OF 19.66 FEET; THENCE NON-TANGENT TO SAID CURVE SOUTH 75°01'13" WEST, 73.45 FEET; THENCE NORTH 14°58'47" WEST, 30.18 FEET; THENCE NORTH 74°46'41" EAST, 2829 5.86 FEET TO THE BEGINNING OF A NON-TANGENT 20.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 23°11'34" EAST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 81°47'15", AN ARC DISTANCE OF 28.55 FEET;. THENCE NON-TANGENT TO SAID CURVE NORTH 14058'47" WEST, 363.68 FE£T; THENCE NORTH 75°01'13" EAST, 30.00 FEET; THENCE SOUTH 14°58'51" EAST, 174.40 FEET; THENCE SOUTH 13°09'19" EAST, 62.83 FEET; THENCE SOUTH 14°58M7" EAST, 111.73 FEET TO THE BEGINNING OF A NON-TANGENT 61.42 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 60°54'32" WEST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 39°06'49", AN ARC DISTANCE OF 41.93 FEET TO THE BEGINNING OF A NON-TANGENT 36.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 79°03'08" WEST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 129°26'54", AN ARC DISTANCE OF 81.33 FEET; THENCE NON-TANGENT TO SAID CURVE NORTH 75°01'13" EAST, 370.24 FEET; THENCE SOUTH 81°51'05" EAST, 144.03 FEET; THENCE SOUTH 01°54'57" EAST, 45.70 FEET; THENCE NORTH 81*51'05" WEST, 181.00 FEET; THENCE SOUTH 75°Q1>13"; WEST, 325,91 v FEET TO THE BEGINNING OF A NON-TANG^T 36.00 FOOT •RADIUS CURVE, CONCAVE NORTHWESTERLY, A RADIAL LINE', -TC-'; SAID POINT BEARS SOUTH ?8;0^21^1^' EAST; THENCE SOUTHWESTERLY ALOlfo -fHE ARC OF SAID CURVE THROUGH::AJ CENTRAL ANGLE OF 49°3i'56", AN AR£-^DISTANCE OF 3^:12;; .FEET; THENCE ^ON|TANGENT TO SAID CURVE SOUTH 14^58*47^ EAST, 63.85 FEET; THENCE SOUTH 08°08'55" WEST, 680.26 FEET; THENCE SOUTH 62°18'51" EAST, 17.87 FEET; THENCE NORTH 67°23'17" EASTf 26,18 FEET; THENCE NORTH 67°50'46" EAST, 83.05 FEET; THENCE NORTH 67°23'I7" EAST, 77.08 FEET; THENCE NORTH 67°59'43" EAST, 18.08 FEET TO THE BEGINNING OF A NON-TANGENT 591.90 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 21°33'02" WEST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 05°33'07", AN ARC DISTANCE OF 57.35 FEET TO THE BEGINNING OF A NON-TANGENT 541.02 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 16°32'49" WEST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 09°45'21", AN ARC DISTANCE OF 92.12 FEET; THENCE NON-TANGENT TO SAID CURVE NORTH 76°06'25" EAST, 47.49 FEET; THENCE NORTH 89°44'40" EAST, 82.31 FEET; THENCE SOUTH 00°12'18" WEST, 53.14 FEET TO THE TRUE POINT OF BEGINNING. 2830 RECIPROCAL PRIVATE ACCESS AND UTILITY EASEMENT "B": ALL THAT PORTION OF LOT 8 OF MAP NO. 13716 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF/ FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAM DIEGO ON DECEMBER 31, 1998, AS FILE NO. 1998-865598 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT SAID POINT "A"; THENCE SOUTH 86°43'11" WEST, 43.12 FEET TO THE BEGINNING OF A TANGENT 100.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 25°33'35", AN ARC DISTANCE OF 44.61 FEET; THENCE TANGENT TO SAID CURVE SOUTH 61°09'36" WEST, 71.01 FEET TO THE BEGINNING OF A TANGENT 130.00 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 22°36'55", AN ARC DISTANCE OF 51.31 FEET; THENCE TANGENT TO SAID CURVE SOUTH 83°46'31" WEST, 40.67 FEET TO THE BEGINNING OF A TANGENT 110.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 58°48'15", AN ARC ; DISTANCE OF 112.90 FEET TO A POlkr HEREINAFTER REFERRED^ TO AS POINT XVB"; THENCE NON-TANGENT TO SAID CURVE NORTH 52°$4;IS46'': EAST/ 30.00;FEET TO THE BEGINNING OF A NON-TANGENT 80.00 FOOT RADIUS^CURVE CONCAVE NORTHEASTERLY^ A -RADIAL LINE TO SAID POINT BEARS SOUTH 52°32'46^; WEST; THENCEr^SO;UTHEASTERLY ALONG THE ARC OF SAIDV CURVE THROUGH A CENTRAL ANGLE OF 58°48'15", AN ARC DISTANCE OF 82.11 FEET; THENCE TANGENT TO SAID CURVE NORTH 83°46'31" EAST, 40.67 FEET TO THE BEGINNING OF A TANGENT 100.00 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 22°36'55", AN ARC DISTANCE OF 39.47 FEET; THENCE TANGENT TO SAID CURVE NORTH 61°09'36" EAST, 71.01 FEET TO THE BEGINNING OF A TANGENT 130.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 25°33'35", AN ARC DISTANCE OF 57.99 FEET; THENCE TANGENT TO SAID CURVE NORTH 86°43'11" EAST, 43.12 FEET; THENCE SOUTH 03°16'49" EAST, 30.00 FEET TO THE POINT OF BEGINNING. 2831 RECIPROCAL PRIVATE ACCESS AND UTILITY EASEMENT "C"; ALL THOSE PORTIONS OF LOTS 9 THROUGH 11, INCLUSIVE, OF MAP NO. 13716 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO ON DECEMBER 31, 1998, AS FILE NO, 1998- 865598 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF LOT 12 OF SAID MAP NO. 13716; THENCE ALONG THE WESTERLY LINE OF SAID LOT 12, NORTH 62°32'24" EAST, 24.20 FEET TO THE BEGINNING OF A 55.00 FOOT RADIUS CONCAVE SOUTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 62°32'24" EAST, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 44°03'14", AN ARC DISTANCE OF 42.29 FEET TO A POINT OF CUSP WITH A 20.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 24°14'24" EAST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 24°01'46" AN ARC DISTANCE OF :8.39 FEET; THENCE TANGENT TO SAID CURVE NORTH r\*!l?,43-'150" EAST> :1X77A ;FEET TO THE BEGINNING OF A TANGENT 20.00 ; FOOT">•• RADIUS CURVE CONCAVE WESTERLY; -THENCE NORTHERLY ALONG THE ARC OF V THROUGH A^ CENTRAL ANGL&OF 64° 15'27" AN ARC DISTANCE OF VV THENCEVTANGENT TO SAID CURVE NORTH 22°31' 37" /WEST, 71. 42 ^FEET BEGINNING OF A TANGENT 200.00 FOOT RADIUS CURVE CONCAVE; heA;3TERL'Y; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 15°28'52'/ AN ARC DISTANCE OF 54.04 FEET; THENCE TANGENT TO SAID CURVE NORTH 07°02!45" WEST, 68.31 FEET TO THE BEGINNING OF A TANGENT 200.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 12°04'23// AN ARC DISTANCE OF 42.14 FEET; THENCE TANGENT TO SAID CURVE NORTH 05°01'38" EAST, 163.30 FEET TO THE BEGINNING OF A TANGENT 200.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 22°24'06" AN ARC DISTANCE OF 78.20 FEET; THENCE TANGENT TO SAID CURVE NORTH 27°25'44" EAST, 53.00 FEET TO THE BEGINNING OF A TANGENT 200.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 10°18'41" AN ARC DISTANCE OF 35.99 FEET"; THENCE TANGENT TO SAID CURVE NORTH 37°44'25" EAST, 78.97 FEET TO THE BEGINNING OF A TANGENT 203.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 28D49'06" AN ARC DISTANCE OF 102.10 FEET; THENCE TANGENT TO SAID CURVE NORTH 08°55'19" EAST, 21.23 FEET TO THE BEGINNING OF A TANGENT 98.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 16°34'35" AN ARC DISTANCE OF 28.35 FEET; THENCE TANGENT TO SAID CURVE NORTH 07*39'16" WEST, 60.52 FEET TO THE BEGINNING OF A TANGENT 40.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE 2832 THROUGH A CENTRAL ANGLE OF 213°09'10" AN ARC DISTANCE OF 148.81 FEET; THENCE TANGENT TO SAID CURVE SOUTH 25°29'55" WEST, 67.53 FEET TO THE BEGINNING OF A TANGENT 98.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 16°34'35" AN ARC DISTANCE OF 28.35 FEET; THENCE TANGENT TO SAID CURVE SOUTH 08°55'19" WEST, 14.51 FEET TO THE BEGINNING OF A TANGENT 235.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 28°49'06" AN ARC DISTANCE OF 118.20 FEET; THENCE TANGENT TO SAID CURVE SOUTH 37°44'25" WEST, 78.97 FEET TO THE BEGINNING OF A TANGENT 168.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 10°18M1" AN ARC DISTANCE OF 30.23 FEET; THENCE TANGENT TO SAID CURVE SOUTH 27°25M4" WEST, 53.00 FEET TO THE BEGINNING OF A TANGENT 168.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 22°24'06// AN ARC DISTANCE OF 65.69 FEET; THENCE TANGENT TO SAID CURVE SOUTH 05°01'38" WEST, 163.30 FEET TO THE BEGINNING OF A TANGENT 168.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 12°04'23" AN ARC DISTANCE OF 35.40; FEET;- THENCE TANGENT TO SAID CURVE SOUTH 07°02 M5" I£AST^ 68>31 FEET TO THE BEGINNING OF A TANGENT 168.0:0; FOOT RADIUS ^CURVE CONCAVED EASTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID? CURVE THROUGH;-A CENTRAL ANGLE OF 15-28 !52" AN ARC ^DISTANCE OF 45.39 ;FEET; : THENCE TANGENT TO SAID CURVE SOUTH 22° 31 'W EAST, 305.86 FEET;;; THENCE SOUTH 33°31'10" WEST, 41.34 FEET TO THE TRUE POINT OF BEGINNING. RECIPROCAL PRIVATE ACCESS AND UTILITY EASEMENT "D": ALL THOSE PORTIONS OF LOTS 10 THROUGH 12, INCLUSIVE, OF MAP NO. 13716 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF, FILED IN THE OPFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO ON DECEMBER 31, 1998, AS FILE NO. 1998-865598 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT SAID POINT "B"; THENCE NORTH 37°25'14" WEST, 14.65 FEET TO THE BEGINNING OF A TANGENT 115.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 29°08'17" AN ARC DISTANCE OF 58.48 FEET; THENCE TANGENT TO SAID CURVE NORTH 08016'57If WEST, 38.43 FEET TO THE BEGINNING OF A TANGENT 65.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 16°44'59" AN ARC DISTANCE OF 19.00 FEET; THENCE TANGENT TO SAID CURVE NORTH 08°28I02" EAST, 416.24 FEET TO THE BEGINNING OF A TANGENT 2833 130.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 25°20'46" AN ARC DISTANCE OF 57.51 FEET; THENCE TANGENT TO SAID CURVE NORTH 33°48'48" EAST, 90.37 FEET TO THE BEGINNING OF A TANGENT 100.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 22°57' 06" AN ARC DISTANCE OF 40.06 FEET; THENCE TANGENT TO SAID CURVE NORTH 10°51'42" EAST, 95.49 FEET; THENCE SOUTH 81°31'58" EAST, 30.03 FEET; THENCE SOUTH 10°51I42" WEST, 96.75 FEET TO THE BEGINNING OF A TANGENT 130.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 22°57'06" AN ARC DISTANCE OF 52.08 FEET; THENCE TANGENT TO SAID CURVE SOUTH 33°48'48" WEST, 90.37 FEET TO THE BEGINNING OF A TANGENT 100.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 25020'46" AN ARC DISTANCE OF 44.24 FEET; THENCE TANGENT TO SAID CURVE SOUTH 08°28'02" WEST, 416.24 FEET TO THE BEGINNING OF: A TANGENT 35.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 16°44'59" AN ARC DISTANCE OF 10.23 FEET; THENCE TANGENT TO SAID CURVE SQUTHy08°16'57" EAST, 38,43 FEET TO THE BEGINNING OF A TANGENT 85.00 uiEQOT iiRADIUS CURVE CONCAVE NORTHEASTERLY;V™ ALONG THfinASC OF-SAID CURVE THROUGH A CENTRAL .ANGLE OF; ;29C08' 17" AN ARC DISTANCE: OF: 43,23 /FEET;; THENCE TANGENT ; TO SAID CURVE SOUTH 37°25 ' 14" EAST>;Et4 . 65 FEET; THENCE SOUTH 52D34'46" WEST, 30.00 FEET TO THE POINT OF BEGINNING; W:\MSOFFICE\WINWORD\971041\XBITF1.LGL KCWKXX. #C£SS MD IMIlYEASatNT .5USOMSON BOUNDARY PROPOSED LOT Uff fltSff Or BORINGS FOR MSC PIAJS» IS JH£ CDflERUNE OF EL CWNO AOi AS SHOW ON PAtXB. W> NO. 1H&, l£. NORM 08W55'EAST. 150" SCALE: 1" = 300* crrr VJSTA PORMNS OF LOTS J THROUGH 12, NCLUSnC OF UV> MC 100 *1DMJ»-«3I-7MCrn:TtO-tl\-tUO EXHIBIT 7-2* RECIPROCAL PRIVATE ACCESS AND UTILITY EASEMENTS A-D SHT. 1 OF 5 SH RY-PRFPARFD RY- NE CORNERwrt EASEMENT A NORTHERLY UNE OF PARCEL 1 PM IfW &Q& \ 9939 LOTUNE(TYP) NW CORNER LOTS CASQ&T'B- 100 SOU£: 1" EXHIBIT *F-2f RECIPROCAL PRIVATE ACCESSAND UTILITY EASEMENTS A-D SHT. 2 OF 5 SH PREPARED BY: PATRICK M. O'NkY REQUESTED BY:W9ANP REAL ESTATE \ CASBSNT 'A 100' W DAO^ISCALE: 1" » 200' rArfisZL PM LOT B MAP 8054 SlYUNCOF PARCEL I PM WO MAP;B054 RECIPROCAL PRIVATE ACCESS AND UTILITY CASEMENTS A-D SHT, 3 OF 5 SH PREPARED BY: PATRICK JLO'DAY REQUESTED BY:W9/LMP REAL ESTATE 4P.M. 213-120-14 f 2 3 4 6 2837 EASEMENT TABLE V0T DATEKCC. 9-21-65 J- 12-70 11-30-72 Jl -26-76 08-21-75 DOC. HO. F/N 171 J55 F/N 44690 * 4469) P/N320065 F/N 76-397094 FA* 75-223827 samwtr BUENA SANITATION DISTRICT COUNTY OF SAN DIEGO COUNTY OF SAN ttEGO CC*F PALOUAR AIRPORT BUtSNESS PARK SAN DIEGO CAS * ELECTRIC MURE Of &SSM8ff SEWER SLOPE rmTS/DRAm£ PUBUC ROADINGRESS/EGRESS POWER TRANSMISSION A5H8WJW TO REMAIN TOREUAM TORFMW TOREUAIN TO BE QUfTCUMD WO) DZLTA/B&WG DATA TABLE 6 10 It 14 15 16 77 18 19 20 2122 23 24 25 26 27 S 6T23'17" W N OSW55' E S 6723'17" W S S&4TiTnr A=25'33'35' S 61'09'36' W N N N 672J'I7~ E A' Od'08'55" E N 0714W E N I4'58'47~ N 14'58'47' W 28 ft 7f46 41 E RADIUS 500.00' 215.00' 100.00' m&o' 110.00' 50,00' f 00.00' moo' 185.00 J6.00 LENGTH 261.75 277.35' 12,80 17.05' 72.54 43.12 44.61' 71.01' 51.31' 40.67 112.90' 30.00' S2.11' 40.67 39.47 71.01 57.99' 43.12' 62.42 34.91' 321.27 63.75" 309.65 75.26' 19.66' 73.45' 30.19' 5.86' W DELTA/BEARING DATA TABLE 29 JO Jl J2 JJ J4 J5 J6 J? 39 4041 42 4J 44 45 46 47 48 49 0 51 52 5J 54 N 14'58'47 W N 75'QriJ- E S 14'58'SrE S 1S09'I9"E S 14'58'47'E N TS'Ot'U'E S SI'S f '05' E SOr54'57"EN erst'os'w S 75WTiJi W S 14'58'47'E S OBW'SS* W S 67)8'51? E N N 6750'46'E N 67-2J'ir E N 6759'43'E N 76*06'2S- E N 89"44'4Q' E S W12'18' W N Bi'51'05' W RADIUS 20.00 €1.42' 36.00' 36.00' 531.90' 541.02' 500.00 l&KJH 36J.8' 30.00' 174.40' 62,83' 111.75 41.93' 81.33r 370,24 144.03' 45.70'mo m? 83.05' 7.08' 18,08' 57.35' -$%f 5JJ4' 37.95' 6.69' CONSULT SWO Pwiw CowtSuU 100c«nhM. Uftntt twee T S EXHIBIT 'F-2' RECIPROCAL PRIVATE ACCESS AND UTILITY EASEMENTS A-D REQUESTED BY:W9/LNP REAL ESTATE PREPARED BY: PATRICK* N. O'DAY 57 58 59 61 62 65 66 67 68 69 70 71 72 73 74 75 79so DATA TABLE 24Vt'46' N 4I'43'SO'E I5?8' N 07V2'45" W•Jf ^w fit OSVt'JST /V ?2?4'06' y^%f >^ jT> *•N 27??44'E A= N 37-44'25'E A= 28W06' A= tfy«'j!5- N OW16" W «£213W10• • ii ^> j » j . r i ™TSWSF-W? /gygg' S 085519'- IT 28'49'OS' = 22'24'06' RADIUS 20.00' 20.00' 200.00' 200.00' 200.00' 200.00' 203.00' g^«? 40.00' 98.00' 235.00' 168.00' 168.00' LENGTH $«Ht KOMA C*M>»* MOM WO-MI-T700 &39'ur 22.43' 7142' 54.04' 68.31' 42.14' 163.30' 78.20' 5J.OD' 78.97 102.10' 21,23' 28.35' 60.52' 148.81' 28.35' 14.51' 118.20' 30.23' 53.00' 65.69' 2338 DATA TABLE moeirA/B&m; 82 8 84 Si 86 87 88 89 90 9} 92 93 94 9$96 97 98 99 100 10 m 105 108 S QSV/W WA* /my...^•Mda^^aa^MB^^^*^. S07V2WE A» VKK s 33'3no' w A« 44W14' N 37?5'I4' W N 0816'Sr W A* W44'59" i-QSZffl^LA^>«n/\'JJ>'25-2046 NW51'42'E S 61 '31 '58' £ S 10'51'42'W JL ^ SJTTS'H'f^flj?gyp_y ^IJ^J^TSt^il'fJJ* J™N 623234" f RAD/US 168.00 168.00* ~55W 115.00' 65.00' 130.00' 100,00' 100-00' &0ff 85.00' LENGJH ims1 4J.34" ~423ST 58. 4F 38.4? 19.06' 416.2? ~575T 40.05' 95. 4S1 95.75' 52,06' 90S? 44.24 416tmmt 43:23' 14.65' 30.00' EXHIBIT 'F-2' RECIPROCAL PRIVATE ACCESS AND UTILITY CASEMENTS A-D SHT. 5 OF 5 Sh REQUESTED BY: W9/D4P REAL ESTATE PREPARED BY: PATRICK^?AP.N 213-120-14 .y\v ,--,.-• A\PROPOSED 60,000 S/- Pr<AS£ I.„.. VIASAT PROPOSED 60,000 S.E i ?; GNOHEERING;:- •: VIASAT EXPANSION PROPOSED 60,000 SJv66330 STORY R & 56,400 UNCOLN NORTH POMTEUVfilftM MMM9DWMOK JMBM EXHIBTTG-1 MMQtQtft M^MtmWCt UMff A IANOSCAR CAKMBIT I!I !u x^ »i r 1- i "•••*•"•(p - •* *•• * ' VIASAT CROPOiLD 60,000 < I 3 VIASAT PROPOSED 60,000 S.F. 66330 s.f. TWO STORY RAD 1ST aOOfc 56,400 sJ. M£Z2: 9,930 d. UNTOU^NOTTHI^POiNTE EXHtBfTH-1 n^ssxi* EASEMENT TWO STORY R It 1ST FLOOfc 56,400 MEZZ: 9,930 EXHIBTTM •3 LINCOLN NORTH POWTE EXHWTJ-1 UNOSCAK CASEMD4T i i i I -;«?!. LINCOLN NORTH POINTE l|MMOaCAPC MAMTOMNCE MCA* || MAMTENANCE UMTS ji NOULVTRSINnr/OV TS 000^09 iVSVJA H8? LANDSCAfE MAlNTtNANCT UNIT Z 2 PROPOSF:0 <«0,000 S.F. ENCINttRINC PHASE I VIASAT • i PROPOSED 60,006 Sf." 4 VIASAT EXPANSION F-ROPOiEO 60,000 SF66330^- TWO STORY RAD 1ST FLOOR: 56,400 ^< M£2Z- 9,910 »J. EXHIBIT L-1 PORTION Of ZONE 1 LANDKWE i ' i 2845 NOVEMBER 3, 1998 REVISED MARCH 3, 2000 J.N. 971041 EXHIBIT "M-l" IRRIGATION EASEMENT FOR ZONE 3 (LOTS 6-8) ALL THAT PORTION OF LOT 4 OF MAP NO. 13716 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO ON DECEMBER 31, 1993, AS FILE NO. 1998- 865598 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING ,AT THE NORTHEASTERLY CORNER OF LOT 6 OF SAID MAP NO. 13716; THENCE; ALONG THE NORTHERLY LINE OF SAID ^qr 6 NORTH 81°51'05" WEST;, 22.04 FEET TO THE TRUE' POINT OF BEGINNING ;-,' jd THENCE CONTINUING; ALONG SAID NORTHERLY I^INE NORTH /$I 10.00 FEET; :T]iENCE CLEAVING SAID NORTHERLY LINE NORTH ;fJ07^4> 57 " EAST, 184T83.;;rE:ET; THENCE SOUTH 82°05' 03" EAST, 14. 79 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF EL CAMINO REAL; THENCE ALONG SAID RIGHT-OF-WAY SOUTH 08°08'55" WEST, 10.00 FEET; THENCE LEAVING SAID RIGHT-OF-WAY NORTH 82°05'03" WEST, 4.75 FEET; THENCE SOUTH 07°54'57" WEST, 174.85 FEET TO THE TRUE POINT OF BEGINNING. AREA =0.04 AC W:\MSOFFICE\WIHKORD\971041\XBITM1.LGL IRRIGATION* EASEMENT FOR ZONES LOT 4 BOUNBMY f a. CM/NO REAL- IOTS \ LOT 7 50 SCALE: 1" * 100* CO MSOLTAATS PROPOSEDa VWIOKM. SUBBMSON BOUNDARY LOT 6 •LOfUNE- LOT 8 EASEMENT DATA ^; -? J ^5 6 7 DELTA/BEARING NBrSI'05'W Nsrsi'os'tr N 0754'57' E SWQS'OJ'E S Od-06'55' W N 82-05'OJ* Ifs orst'sr w RADIUS _-_^_ . .. LENGTH 22.04' 10.00' 184.81' 14.79' 10.00' 4.75' 174.85' EXHIBIT 'M-2' IRRIGATION EASEMENT FOR ZONE 3 (LOTS 6-Sl REQUESTED BY:W9/LXP REAL ESTATE PREPARED BY: n'ruv ADM 213-020-14 2847 NOVEMBER 3, 1998 REVISED MARCH 3, 2000 J.N. 971041 EXHIBIT WN-1" IRRIGATION EASEMENT FOR ZONE 4 (LOTS 9-12) ALL THAT PORTION OF LOT 7 OF MAP NO. 13716 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO ON DECEMBER 31, 1998, AS FILE NO. 1998- 865598 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORKER OF LOT 9 OF SAID MAP MO, 13716; THENCE ALONG THE EASTERLY LINE OF SAID LOT 9 NORTH 10°51'42" EAST, 6.29 FEET; THENCE LEAVING SAID EASTERLY LINE SOUTH 81°51' 05" EAST,-:f32.56 FEFT; THENCE SOUTH Q8°OS' 55^ -WEST, 10.00.,FEET; THENCE NORf H -81°51'05" WEST, 33.04 FEET TO APPOINT ON ' THE M^ST'ERLY LINE OF ifbT 10 OF SAID MAP NO. 13716; THENCESALONG SAID EASTERLY LINE Np]|TH 1Q°51'42" EAST, 3;.72 FEET TO THE POINT :-OF. BEGINNING. a AREA = 0.01 AC W:\MSOFFICE\W1NWORD\971041\XBITK1.LGL LOT 2 2848 \ LOT 5 SVBOMSOH BOUNDARY COR. LOTS IRRIGATION EASEMENT SUSOIUSIQN BOUNDARY SCALE: I* = 100' M S U L T MOO * 100 Od (*-»** 7M-W1-7700 EASEMENT DATA ^/ 2 3 4 5 DELTA/BEARING N HTSWEsarsros'es oerw'ss" wNsrsros'w N WSt'42'E RADIUS _____ -— — LENGTH 6.29' 32.5$' W.W JJ.04' 3.72' EXHIBIT 'N-2' IRRIGATION EASEMENT FOR ZONE 4 (LOTS 9-1 SHT. 1 OF 1 SH REQUESTED BY:W9/LNP REAL ESTATE PREPARED BY: 213-020-14 2849 NOVEMBER 3, 1998 REVISED MARCH 3, 2000 J.N. : 971041 EXHIBIT "0-1" PRIVATE UNDERGROUND STORM DRAINAGE EASEMENT "A" ALL THOSE PORTIONS OF LOTS 2 THROUGH 5, INCLUSIVE, OF MAP NO. 13716 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY ON DECEMBER 31, 1998 AS FILE NO. 1998- 865598 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL "A"; A STRIP OF LAND 10.00 FEET IN WIDTH, LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: BEGINNING AT THE NORTHEASTERLY CORNER OF LOT 1 OF SAID MAP NO. 3.3716; THENCE SOUTH 70°24'36" WEST, -408.16 FEET TO THE TRUE POINT OF BEGINNING?; '•••• - •• •- ./'.V. . ,; - -' •• /-H^^l^i. THENCE SOUTH 7 9°43' 05" VJEST, 5 .77 ' FEET; THENCE SOUTHK 75t>0^i3 65.84 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT -.-.*VA";^ THENCE CONTINUING SOUTH 75°01' 13" WEST, 196. 83, .FEET; THENCE SOUTH "63*22' 4 3" WEST, 203.18 FEET; THENCE SOUTH 75C01'13" WEST, 2.00 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "B"; THENCE CONTINUING SOUTH 75°01'13" WEST 174.32 FEET TO THE BEGINNING OF A 200.00 FOOT RADIUS TANGENT CURVE, CONCAVE NORTHWESTERLY; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 21°13'00", AN ARC DISTANCE OF 74,06 FEET; THENCE TANGENT TO SAID CURVE NORTH 83°45'47" WEST, 29.14 FEET; THENCE NORTH 60°48'04" WEST, 57.22 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT MS". TOGETHER WITH: A STRIP OF LAND 33.00 FEET IN WIDTH, LYING 16.50 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: BEGINNING AT SAID POINT "S"; THENCE NORTH 60°48'04" WEST, 25.00 FEET. THE SIDE LINES OF SAID STRIPS OF LAND SHALL BE PROLONGED OR SHORTENED SO AS TO INTERSECT AT ALL ANGLE POINTS AND TO TERMINATE EASTERLY IN THE WESTERLY LINE OF LOT 1 OF SAID MAP NO. 13716. 2850 PARCEL "B": A STRIP OF LAND 10.00 FEET IN WIDTH, LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: BEGINNING AT SAID POINT UA"; THENCE SOUTH 34°15'11" EAST, 93.13 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT «C"; THENCE CONTINUING SOUTH 34°15'11" EAST, 27.86 FEET; THENCE SOUTH 23°08'3l" EAST, 1.52 FEET; THENCE SOUTH 46a10'22" EAST 45.39 FEET. THE SIDE LINES OF SAID STRIP OF LOAD SHALL BE PROLONGED OR SHORTENED SO AS TO INTERSECT AT ALL ANGLE POINTS AND TO TERMINATE NORTHERLY IN THE SOUTHERLY LINE OF SAID PARCEL "A" AND TO TERMINATE SOUTHEASTERLY IN THE WESTERLY LINE OF SAID LOT 1. PARCEL "C": A STRIP OF LAND 10.00 FEET IN WIDTH, LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE;: :,;. :- ..,->,.. BEGINNING AT SAID POINT "C"; THENCE NORTH 14°58'47" EAST, 22,19 FEET; THENCE NORTH 52°11'13" EAST 10.99 FEET. : ••;:;:^: •-: - : THE SIDE LINES OF SAID STRIP OF LAND SHALL BE PROLONGED OR "SHORTENED SO AS TO INTERSECT AT ALL ANGLE POINTS AND TO TERMINATE WESTERLY IN THE EASTERLY LINE OF SAID PARCEL "B" AND TO TERMINATE EASTERLY IN THE WESTERLY LINE OF SAID LOT 1. PARCEL "D": A STRIP OF LAND 10.00 FEET IN WIDTH, LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: BEGINNING AT SAID POINT "B"; THENCE SOUTH 14°58'47" EAST, 148,50 FEET TO A POINT HERF.INAFTER REFERRED TO AS POINT "D"; THENCE CONTINUING SOUTH 14°58'47" EAST, 241.50 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "E"; THENCE CONTINUING SOUTH 14°58'47" EAST,- 40.49 FEET. THE SIDE LINES OF SAID STRIP OF LAND SHALL BE PROLONGED OR SHORTENED SO AS TO TERMINATE NORTHERLY IN THE SOUTHERLY LINE OF SAID PARCEL "A". PARCEL "E": A STRIP OF LAND 10.00 FEET IN WIDTH, LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: 2851 BEGINNING AT SAID POINT "D"; THENCE NORTH 75°01' 13" EAST, 104.04 FEET; THENCE SOUTH 59°58'47" EAST, 10.93 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "L"; THENCE CONTINUING SOUTH 59°58'47" EAST 61.90 FEET; THENCE NORTH 75°01'13" EAST, 230.26 FEET. THE SIDE LINES OF SAID STRIP OF LAND SHALL BE PROLONGED OR SHORTENED SO AS TO INTERSECT AT ALL ANGLE POINTS AND TO TERMINATE WESTERLY IN THE EASTERLY LINE OF SAID PARCEL *VD". PARCEL "F": A STRIP OF LAND 10.00 FEET IN WIDTH, LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: BEGINNING AT SAID POINT "E"; THENCE NORTH 75*01' 13" EAST, 119.83 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "F"; THENCE CONTINUING NORTH 75°01'13" EAST, 221.47 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "G"; THENCE CONTINUING NORTH 75°01' 13" EAST, 86,70 FEE-T TO A POINT HEREINAFTER REFERRED TO AS POINT XXM"; THENCE CONTINUING NORTH 75°01'13" EAST, 44.66 FEET. TO A POINT HEREINAFTER REFERRED TO AS POINT XXN"; THENCE CONTINUING NORTH 75°01'13" EAST, 47 . 93-: FEET; THENCE NORTH 30°11'13" EAST. 45.89 FEET; THENCE NORTH 08°01' 51/^7EAST;, 8.00 FEET. • . ••.• ,,;;; • -." - ' • •' •'• ••^-•;' THE SIDE LINES OF SAID STRIP OF LAND SHALL BE PROLONGED OR SHORTENED SO AS TO INTERSECT AT ALL ANGLE POINTS AND TO TERMINATE WESTERLY IN THE EASTERLY LINE OF SAID PARCEL "D". PARCEL "G": A STRIP OF LAND 10.00 FEET IN WIDTH, LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: BEGINNING AT SAID POINT "G"; THENCE SOUTH 14°58'47" EAST, 93.52 FEET; THENCE SOUTH 37°48'47" EAST, 70.72 FEET; THENCE SOUTH 14°58'47" EAST, 8.00 FEET. THE SIDE LINES OF SAID STRIP OF LAND SHALL BE PROLONGED OR SHORTENED SO AS TO INTERSECT AT ALL ANGLE POINTS AND TO TERMINATE NORTHERLY IN THE SOUTHERLY LINE OF SAID PARCEL "F". PARCEL "0"; A STRIP OF LAND 10.00 FEET IN WIDTH, LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: 2852 BEGINNING AT SAID POINT "F"; THENCE SOUTH 14°58'47" EAST, 119.50 FEET; THENCE SOUTH 14°48' 19" EAST, 3.00 FEET; THENCE SOUTH 16°00' 31" EAST, 43.02 FEET. THE SIDE LINES OF SAID STRIP OF LAND SHALL BE PROLONGED OR SHORTENED SO AS TO INTERSECT AT ALL ANGLE POINTS AND TO TERMINATE NORTHERLY IN THE SOUTHERLY LINE OF SAID PARCEL "F". PARCEL "P": A STRIP OF LAND 10.00 FEET IN WIDTH, LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: BEGINNING AT SAID POINT "A"; THENCE NORTH 00°46'52" EAST, 1.56 FEET; THENCE NORTH 13°44'37" EAST, 53.61 FEET; THENCE NORTH 14°58'47" WEST, 8.00 FEET. THE SIDE LINES OF SAID STRIP OF LAND SHALL BE PROLONGED OR SHORTENED SO! AS "' TO .. INTERSECT., 'AT ALL ANGLE VlqiNTS AND TO TERMINATE SOUTHWESTERLY IN THE NORTHERLY LINE OF SK^JD PARCEL "A". -v^"^r^ : • PARCEL "Q": ' ; ' . '' •'•'•' "• * • - '• '• . : :^TJ*:-- ••'•':' ' -::- : '^V^:M:'. /"r^V' '* A STRIP OF LAND 10.00 FEET IN WIDTH, LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: BEGINNING AT SAID POINT "L"; THENCE SOUTH 14°58r47" EAST, 43.77 FEET. THE SIDE LINES OF SAID STRIP OF LAND SHALL BE PROLONGED OR SHORTENED SO AS TO TERMINATE NORTHERLY IN THE SOUTHWESTERLY LINE OF SAID PARCEL "E" AND TO TERMINATE SOUTHERLY IN THE NORTHERLY LINE OF SAID LOT 3. PARCEL "ft"; A STRIP OF LAND 10.00 FEET IN WIDTH, LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: BEGINNING AT SAID POINT "N"; THENCE NORTH 14°58'47" WEST 64.58 FEET. THE SIDE LINES OF SAID STRIP OF LAND SHALL BE PROLONGED OR SHORTENED SO AS TO TERMINATE SOUTHERLY IN THE NORTHERLY LINE OF SAID PARCEL "F" AND TO TERMINATE NORTHERLY IN THE SOUTHERLY LINE OF SAID LOT 1. 2853 PARCEL "S"; A STRIP OF LAND 10.00 FEET IN WIDTH, LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: BEGINNING AT SAID POINT UM"; THENCE NORTH 14°58'47" WEST, 33.46 FEET; THENCE NORTH 75°01'13" EAST, 15.70 FEET. THE SIDE LINES OF SAID STRIP OF LAND SHALL BE PROLONGED OR SHORTENED SO AS TO INTERSECT AT ALL ANGLE POINTS AND TO TERMINATE SOUTHERLY ON THE NORTHERLY LINE OF SAID PARCEL "F". PARCEL "V": A STRIP OF LAND 10.00 FEET IN WIDTH, LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: BEGINNING AT SAID POINT "O"; THENCE NORTH 33°42'54" EAST, 99.07 FEET; THENCE SOUTH 75°pl' 13" EAST, 9.00 FEET. THE SIDE LINES OF SAID STRIP OF LAND SHALL BE PROLONGED OR SHORTENED SO AS TO INTERSECT AT ALL ANGLE POINTS AND TO TERMINATE SOUTHWESTERLY IN THE NORTHERLY LINE OF SAID PARCEL "A". PARCEL "Y"; A STRIP OF LAND 10.00 FEET IN WIDTH, LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: BEGINNING AT SAID POINT "B"; THENCE NORTH 14°58'47" WEST, 2.00 FEET; THENCE NORTH 12609'20" EAST, 102.54 FEET; THEN'CE NORTH 14°58'47" WEST 9.00 FEET. THE SIDE LINES OF SAID STRIP OF LAND SHALL BE PROLONGED OR SHORTENED SO AS TO INTERSECT AT ALL ANGLE POINTS AND TO TERMINATE SOUTHERLY IN THE NORTHERLY LINE OF SAID PARCEL "A".X~<*w—*"»'«{, ., W:\MSOmCE\WINWORD\971041\XBlT01.LGL *-b-i §J89»* WIYR/WOFEL CAUINO REAL 9939 FOR DATA AND EASEMENT DATA TABLE SKSHXTJ fORl£G£ND SEE SHEET 2 SCALE: 1" = 100' &QA+? C 0 M S U t T AAT tootr'HH, OtfwMt MCM on EXHIBIT §0-2f UNDERGROUN^STORM DRAINAGE EASEMENT A SHT. 1 OF 3 SHI REQUESTED BY:W9/LNP REAL ESTATE PREPARED BY: O'DAY A.P.N. 213-020-14 2855 PARCEL 1 PROPOSED PM 1110 LQTLiH£S(TYP} ZL~EASEMENT SUBDIVISION BOUNDARY PROPOSED LOT UN£ INDICATES EASEMENT A SCALE: T « tOO' NOTE FOR DATA TABLE AND EASEMENT DATA TABLE SEESHKT3 EXHIBIT '0-2' UNDERGROUND STORM DRAINAGE EASEMENT A SHT. 2 OF 3 SHT REQUESTED BY: W9/LNP REAL ESTATEuurrrn OADTUCDCUA PREPARED BY: PATRICK M^O'DAY A.P.N. DATA TABLE NO 10 It12 13 14 15 17 !8 19 20 21 22 2S 24 25 26 27 s Tsvrtr r s Tsvrir 9 A -2HSW N 6T45'47' W NW46V4'* S 14'56'47°£ N N TSWIfN mure A ts tsssvre foDHJS 200.00' LENGTH 5.7T 65.84' xo.tr 2.00' 174.3? 74.0S1 512? 93,1 f 27.86" 1.5? 14&S& S41.& 104.04' 8S.7& 221.47 SX5?msir DATA TA9L£ HO ss 99 60 61 62 63 64 67 1 72 75 77 78 M t4S8'4Z* f ff ff H KWOI'ST'f. &, ...ff AflEEW" * S 14^47' £ Si4'48l9"£ f* I H LENGM fLOff t.56' 4S.JS1 &OQ" IG2.541 2.W 417? 47.9T &001 .M&L1S.W Xff US' £3 txrti&c.ooa no. 9-21-45 F/H 17IJ55 BUEH* SAHTAJIOH BtSMCT 3-12-70 FAt 4469Q&44&1 COUNTY GF &H DKQQ SLOPE RtGHTS/WMMCZ 11-30-72 F/H J20065 COUNTY OF SAN D£GO MJSUC 70 RflWN WMUt-TMOr«cno-tii-«H EXHIBtT '0- UNDERGROUND STORM DRAINAGE EASEMENT A SHT. 3 OF 3 SHI I REQUESTED BY:W9/LNP REAL ESTATEuurrrn DIDTVICOCUJO PREPARED BY: A.RN. 2857 NOVEMBER 3, 1998 REVISED MARCH 3, 2000 J.N.: 971041 EXHIBIT "P~l" PRIVATE UNDERGROUND STORM DRAINAGE EASEMENT "B" ALL THOSE PORTIONS OF LOTS 4, 5, lf 8, AND 12 OF MAP NO. 13716 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY ON DECEMBER 31, 1998 AS FILE NO. 1998- 865598 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL "H": A STRIP OF LAND 10.00 FEET IN WIDTH, LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 8; ^THEtiCE NORTH 19°36'26" WEST, 510.39 FEET TO THE TRUE "POINT OF BEGINNING} ; '-^ ;: ^ THENCE : NORT le0^!' 05" WEST, 69.25 FEET; THENCE SOUTH 75^| 267, 86 FEET; THENCE SOUTH 08°08' 55" WEST, 56.63 FEET'nTO;; APPOINT HEREINAFTER REFERRED TO AS POINT "H"; THENCE CONTINUING SOUTH 08°08'55" WEST, 169.27 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "I"; THENCE NORTH 81°51'05" WEST, 201.37 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "R"; THENCE CONTINUING NORTH 81°51'05" WEST, 80.98 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "J"; THENCE CONTINUING NORTH 81°51'05A' WEST, 78.49 FEET; THENCE SOUTH 08°08'55" WEST, 326.75 FEET TO THE BEGINNING OF A 300.00 FOOT RADIUS TANGENT CURVE CONCAVE EASTERLY; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 15°05'47", AN ARC DISTANCE OF 79.04 FEET; THENCE TANGENT TO SAID CURVE SOUTH 06°56' 52" EAST 15.94 FEET; THENCE SOUTH 01°32' 30" WEST, 3.20 FEET; THENCE SOUTH 4 9°2 3' 51" WEST, 45.47 FEET; THENCE SOUTH 52°28'50" WEST, 32.73 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "Q"; THENCE CONTINUING SOUTH 52°28/50" WEST, 68.56 FEET; THENCE SOUTH 73°19'52" WEST, 4.00 FEET; THENCE NORTH 82°53'02" WEST, 79.58 FEET TO THE BEGINNING OF A 300.00 FOOT RADIUS TANGENT CURVE CONCAVE NORTHEASTERLY; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 16°23'09//, AN ARC DISTANCE OF 86.23 FEET; THENCE TANGENT TO SAID CURVE NORTH 66°24'53" WEST, 58.66 FEET; THENCE NORTH 89°17'31" WEST, 4.00 FEET; THENCE SOUTH 64°47'46" WEST, 46.75 FEET; THENCE SOUTH 78°00'47" WEST, 4.00 FEET; THENCE NORTH 88°19'17" WEST, 38.10 FEET, TO A POINT HEREINAFTER 2858 REFERRED TO AS POINT "K"; THENCE CONTINUING NORTH 88°19'17" WEST, 35.50 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "W". TOGETHER WITH: A STRIP OF LAND 38.00 FEET IN WIDTH, LYING 19.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: BEGINNING AT SAID POINT "W"; THENCE NORTH 88°19'17" WEST, 29.00 FEET. THE SIDE LINES OF SAID STRIPS OF LAND SHALL BE PROLONGED OR SHORTENED SO AS TO INTERSECT AT ALL ANGLE POINTS AND TO TERMINATE EASTERLY IN THE NORTHERLY LINE OF LOT 6 OF SAID MAP NO. 13716. PARCEL "I": A STRIP OF LAND 10.00 FEET IN WIDTH, LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: ..;..;. , .- BEGINNING AT SAID POINT VVH";; THENCE SOUTH 81°51< 05^ iAST^' 68!;;13 THE SIDE tlNES OF SAID STRIP OF LAND SHALL BE PROLt)NGED;iOR S SO AS TO -TERMINATE/ WESTERLY IN THE EASTERLY LINE OF SAID'PARCEL AND TO TERMINATE EASTERLY IN THE WESTERLY LINE OF SAID LOT 6. '•" r PARCEL "J": A STRIP OF LAND 10.00 FEET IN WIDTH, LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: BEGINNING AT SAID POINT "I"; THENCE SOUTH 08°08'55" WEST, 2.00 FEET; THENCE SOUTH 32°43'05" EAST, 104.13 FEET. THE SIDE LIMES OF SAID STRIP OF LAND SHALL BE PROLONGED OR SHORTENED SO AS TO INTERSECT AT ALL ANGLE POINTS AND TO TERMINATE NORTHWESTERLY IN THE EASTERLY AND SOUTHERLY LINES OF SAID PARCEL *H" AND TO TERMINATE SOUTHEASTERLY IN THE WESTERLY LINE OF SAID LOT 6. PARCEL "K": A STRIP OF LAND 10.00 FEET IN WIDTH, LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: BEGINNING AT SAID POINT "J"; THENCE NORTH 08°08'55" EAST, 373.66 FEET; THENCE NORTH 68°08'55" EAST, 110.44 FEET; THENCE NORTH 75°01'13" EAST, 8.00 FEET. 2859 THE SIDE LINES OF SAID STRIP OF LAND SHALL BE PROLONGED OR SHORTENED SO AS TO INTERSECT AT ALL ANGLE POINTS AND TO TERMINATE SOUTHERLY IN THE NORTHERLY LINE OF SAID PARCEL WH". PARCEL "L"; A STRIP OF LAND 10.00 FEET IN WIDTH, LYING 5.QO FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: BEGINNING AT SAID POINT "K"; THENCE NORTH 01°40'43" EAST, 21.14 FEET. THE SIDE LINES OF SAID STRIP OF LAND SHALL BE PROLONGED OR SHORTENED SO AS TO TERMINATE SOUTHERLY IN THE NORTHERLY LINE OF SAID PARCEL "H". PARCEL "T": A STRIP OF LAND 10.00 FEET IN WIDTH, LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: v |; V > BEGINNING AT SAID POINT "P"; THENCE NORTH 75°38'55" EAST, 163.87 FEET; THENCE SOUTH 81°51'v05" EAST, 128.96 FEET; THENCE < NORTH 08°08'55" EAST, 106.50 FEET.;;;--:'v " '-'< -;;. •-•-:- v THE SIDE LINES OF SAID STRIP OF LAND SHALL BE PROLONGED OR SHORTENED SO AS TO INTERSECT AT ALL ANGLE POINTS AND TO TERMINATE WESTERLY IN THE EASTERLY AND SOUTHEASTERLY LINES OF SAID PARCEL "H". PARCEL "W": A STRIP OF LAND 10.00 FEET IN WIDTH, LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: BEGINNING AT SAID POINT "Q"; THENCE SOUTH 37°39'52" EAST, 15.89 FEET; THENCE SOUTH 53°4T18" EAST, 14.00 FEET. THE SIDE LINES OF SAID STRIP OF LAND SHALL BE PROLONGED OR SHORTENED SO AS TO INTERSECT AT ALL ANGLE POINTS AND TO TERMINATE NORTHWESTERLY IN THE SOUTHEASTERLY LINE OF SAID PARCEL "H" . PARCEL "X"; A STRIP OF LAND 10.00 FEET IN WIDTH, LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: 28GO BEGINNING AT SAID POINT "R"; THENCE SOUTH 08°08'55" EAST, 13.00 FEET. THE SIDELINES OF SAID STRIP OF-LAND SHALL BE PROLONGED OR SHORTENED SO AS TO TERMINATE NORTHERLY IN THE SOUTHERLY^ LINE OF SAID PARCEL "H". W:\MSOFFICE\WINWORD\971041SXBITP1.LGL 25' 100'_ SCALE: T * 100* FOR DATA TABLE AMD EASEMENT DATA TABLE SEESHEETJ FOR LEGEND SEE SHEET 2 LOT4 . **\\ BUILDING PEKPH 1110 ' OT. PARCEL fW WO SUBDtUSlQN^ ROSL 1 -PROPOSED LOT, LINES (TW) 1110 SOUTHERLY LINE Of'PARCEL PM 1 1110 MT8 M \8C \ \\ WTV^S^ ^S^s-.g^jwrr* BT SwrVf^ Ltff 7 POINT*' C ON* U L T W T S CM Iwo sas,7«9-MI-T7«C EXHIBIT 'P-2! UNDERGROUND STORM DRAINAGE EASgMENT 8 PARCEL 1 PM 1110 SHT. 1 OF 3 BY:T 0!50' 25'100' SCALE 1" = 100' lOTff PAFiCSL 1 PM 1110 2862 A SUBDIVISION' TJ—v*i BOUNDARY •POINT V 4 OF $.D. EASEMENT SUBDIVISION BOUNDARY PROPOSED LOT LINE INDiCAJZS EASEMENT A NOJE: rORDATA TABLE DATA TABLE PARCEL 1 PM 1110 CO M S U t T A^fc T T MCO Fritwr Cwl$•*• 100020M SGUItiE&YUNE PAKCO. 1. Pk i JU-^ __ REQUESTED BY: W9/LNP REAL ESTATE LIMITED PARTNERSHIP MAP 0744 .<1 EXHtBtT 'P- UNDERGROUND STORM DRAINAGE CASEMENT B PREPARED BY: PATRICK MTD'DAY J / SI ^^ I.I SW CORNER.LOTS SHT. 2 OF 3 SH A.P.N. 2863 Jtsia 34 JS JS 41 44 <L 46 DATA TABLE sotw&w SJZWtXTfH' rH SQSW&'W 5 OIWrx'*J$r$ 4911" W 5 7f»'S7' 9 KWUS LENGTH X7.96' 5&& iw mtr 201.3T 4S.4F DATA TABLE SLSi. SL. 2L7S Off srtsir r f r T maer 3szotr MK&C.DOC. NO. nn NT TABLE NA7U#£ QT 9-21-65 F/H t7tJ5S BUFJM SWTA7XN DtSTRtCT S&tSf 70 J-12-70 F/N 44690 A 44S9)COUNTY OF SW DfSO SLOPE MGXIS/DRWGE ff-Wr.%F/H 32O95S COUHIY OF SAN &GO OBULSSML ULB&6BL76-39709* 8-21-75 75-223827 COM fHLOKVt ARPOKt BUSHESS FW*( CtJYOFCMLSBM fVBUC STREET 1-27-75 F/H 75-018491 MM i>MlwrCMtMM WOMl CMtonfc UPW7W-U1-TMO I RE!W9 UESTED BY:REAL ESTATE EXHIBIT fP-2' UNDERGROUND STORM DRAINAGE EASEMENT 8 PREPARED BY: PATRICK^O'OAY 2864 NOVEMBER 3, 1998 REVISED MARCH 3, 2000 J.N,: 971041 EXHIBIT "Q-l" PRIVATE UNDERGROUND STORM DRAINAGE EASEMENT "C" ALL THAT PORTION OF LOT 9 OF MAP NO. 13716 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY ON DECEMBER 31, 1998 AS FILE NO. 1998-865598 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL "U": A STRIP OF LAND 10.00 FEET IN WIDTH, LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: BEGINNING AT THE NORTHWESTERLY CORNER OF LOT 5 OF SAID MAP NO. 13716; THENCE SOUTH 24°06'56" WEST, 536.13 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "T", SAID POINT BEING THE TRUE POINT OF BEGINNING; ^ :- ;j ; : A •/ THENCE SOUTH 77°24' 21" EAST, 62.40 FEET; THENCE SOUTH 73*31*07" EAST; 2.50 FEET; THENCE SOUTH 72°10' 01" EAST, 55.01 FEET., ••-•:-- A TOGETHER WITH: A STRIP OF LAND 24.00 FEET IN WIDTH, LYING 12.00 FEET ON EACH .SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: BEGINNING AT SAID POINT "T"; THENCE NORTH 77°24' 21" WEST, 17.00 FEET. W:\MSOFriCE\WINWORD\9T1041\XBITQl.LGL \BUEMSMmmNDiSTfHcf SCALE: 1" = 100' PARCEL 1 PM\ 1110PROPOSED LQTUN£S(TYP) <t fiF Stf. EASEMENT SUBDIVISION BOUNDARY PROPOSED LOT LINE INDICATES EASEMENT A DATA TABLE NO 8J 82 85 91 DB.TA/BEARWG STTtO S7W 7/T?rr S771WE N TWW r RADIUS ... ' - LO81H s&oF 2.50' fi240' 4 17.GO' <%' /I ";>Jf/ r.p.a& Ehfl& a (Orttwrr SUBDIVISION^>** BOUNDARY o*o&? C 0 HSU I T A/H TCON<UITAO<TS >m >.lt»tr C«fi CM Cnf*sr^u 7M-M1--7700 EXHIBIT fQ-2f UNDERGROUND STORMDRAINAGE EASEMENT C SHT. 1 OF 1 I REQUESTED BY:W9/LNP REAL ESTATE PREPARED BY: PATRmLfi'DAY A.P.N. 213-020-14 2866 NOVEMBER 3, 1998 REVISED MARCH 3, 2000 J.N.: 971041 EXHIBIT "R-l" PRIVATE UNDERGROUND STORM DRAINAGE EASEMENT *D" ALL THAT PORTION OF LOT 9 OF MAP NO. 13716 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY ON DECEMBER 31, 1998 AS FILE NO. 1998-865598 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL "N": A STRIP OF LAND 10.00 FEET IN WIDTH, LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID LOT 9; THENCE ALONG THE WESTERLY LINE OF SAID LOT 9 NORTH Q0°35' 14" EAST, 687; 81 FEET; THENCE LEAVING SAID WESTERLY LINE NORTH 8S°49' 23" EAST, ;;141 . 07 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "U", SAID POINT BEING THE TRUE POINT OF BEGINNING; ^; :;::; : ":1 1; THENCE SOUTH 68°05' 3 1> EAST, 56.68 FEET. ' :^-^v ^-,V.^ :<: TOGETHER WITH: A STRIP OF LAND 26.00 FEET IN WIDTH, LYING 13.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: BEGINNING AT SAID POINT MU"; THENCE NORTH 6S°05'31" WEST, 19.00 FEET. THE SIDE LINES OF SAID STRIPS OF LAND SHALL BE PROLONGED OR SHORTENED SO AS TO TERMINATE EASTERLY ON THE WESTERLY LINE OF LOT 10 OF SAID MAP NO. 13716. W:\MSOFFICE\WINWORD\971041\XBITR1.LGL 2867 ffl t 5 DAJEREC. 9-21-65 8-21-75 DOC. NO, F/H 171355 ?5-22382/ ZASEMZNT TABLE B&tTKfW BUEM SMTAJ10N DISTRICT QTYOrCMLSBto M1VRE OF &S8XM Sf&E/t PUBtfC STREET DiSPQSfW TO XfWiN TO RRMW WTff 'PRGPQS& LOT UNES(TYP) LOT 10 LOTH PAF1CSL 1 PM 25" SCALE; 1" « 100' WT T.P.O.B.SOUWERLYLINEnw V H—7JEUNE WLYUNE LOT 9 P.O.B.- SUBQitiSON BOUNDARY MAP 9744 SWCQRHER LOTS i OF S.D. CASEMENT SUBDIVISION BOUNDARY PROPOSED LOT LINE HBKM TES EASZUCNT A t 3L SNR Cwl• 100 DATA TABLE NO 55 92 OCITA/KAWG sssnfst'e K 68V5'Jt' W RWUS . -— — IffftlH $£&'i9.oqr EXHIBIT 'R-2' UNDERGROUND STORM DRAINAGE EASEMENT D SHT. \ OF 1 REQUESTED BY: l!B^p£2LE£S£ PREPARED BY: A.P.N. 213-020-14 2868 NOVEMBER 3, 1998 REVISED MARCH 3, 2000 J.N.: 971041 EXHIBIT "S-l" PRIVATE UNDERGROUND STORM DRAINAGE EASEMENT ME" ALL THOSE PORTIONS OF LOTS 9 AND 10 OF MAP NO. 13716 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY ON DECEMBER 31, 1998 AS FILE NO. 1998-8655S8 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL *M"; A STRIP OF LAND 10.00 FEET IN WIDTH, LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID LOT 9; THENCE NORTH 03°21'58" EAST, 442.71 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "V", SAID PQI.NT -BEING THE TRUE POINT OF BEGINNING;0^ OTHENCE SOUTH 8i°3i/58<EAST, 73.13 FEET. ^lu: TOGETHER WITH: ;: : A STRIP OF LAND 26.00 FEET IN WIDTH, LYING 13.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: BEGINNING AT SAID POINT "V"; THENCE NORTH 81°31'58" WEST, 19.00 FEET. THE SIDE LINES OF SAID STRIPS OF LAND SHALL BE PROLONGED OR SHORTENED SO AS TO TERMINATE EASTERLY ON THE WESTERLY LINE OF LOT 11 OF SAID MAP NO. 13716. W:\MSOFFICE\VUNWORD\911041\XBITS1.LGL DOC. NO.BMffKWT HWJ8E OF MSB&fff 9-21-45 F/N 171X5 BJEM SWAJION otsmr SEWER 70 RQMN 6-21-75 CRY OF C&LSBM PUBUCSMET m® PROPOSED LOT LINES (TIP) PARCEL 1 PM SOUMRLYUNEOF PARCEL 1, PM 1iW WLYUHt LOT 9 SW CORNER LOT 9MAP 9744 DATA TABLE SJ DtLTA/BEAWG RADIUS LENGTH JSJI19.00 tool 0* 100' EXHIBIT ^-2* UNDERGROUND STORM DRAINAGE EASEMENT E SHT. 1 OF t PREPARED; BY: PATOCK^O'DAY APN 213-^)20-14 2870 NOVEMBER 3, 1998 REVISED MARCH 3, 2000 J.N. 971041 EXHIBIT "T-l" PRIVATE SURFACE DRAINAGE EASEMENTS "A" THROUGH * PRIVATE SURFACE DRAINAGE EASEMENT "A": ALL THOSE PORTIONS OF LOTS 2 AND 5 OF MAP NO. 13716 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO ON DECEMBER 31, 1998, AS FILE NO. 1998- 865598 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF LOT 1 OF SAID MAP NO. 13716; THENCE ALONG THE NORTHERLY LINE OF SAID LOT 1, SOUTH, 79°41'12<;' WEST, 437.63 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID NORTHERLY LINE SOUTH 14°58'47" EAST,; 10.03 FEET; THENCE SOUTH 79°4ll12'/ WEST, 74.98 FEET; THENCE SOUTH 77°48'20" WEST, 101.63 FEET; THENCE SOUTH 82°05'40" WEST, 79.40 FEET; THENCE SOUTH 79°41'12" WEST, 324.58 FEET; THENCE SOUTH 57°28'56" WEST, 9.82 FEET; THENCE SOUTH 8Q042'19" WEST, 89.19 FEET; THENCE NORTH 09017M1" WEST, 12.13 FEET; THENCE NORTH ?9041'12" EAST, 677.69 FEET TO THE TRUE POINT OF BEGINNING. PRIVATE SURFACE DRAINAGE EASEMENT "B": ALL THOSE PORTIONS OF LOTS 1, 2, 3, 4, 5, 1, AND 8 OF MAP NO. 13716 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO ON DECEMBER 31, 1998, AS FILE NO. 1998-865598 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF SAID LOT 1; THENCE SOUTH 78°15'24" WEST, 436.87 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 14°58'47" EAST, 36.46 FEET; THENCE NORTH 75°01'13" EAST, 29.34 FEET; THENCE SOUTH 14°58'47// EAST, 66.54 FEET; THENCE SOUTH 75°01'13// WEST, 6.85 FEET; THENCE SOUTH 14°58'47" EAST, 23.00 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "Al"; THENCE SOUTH 75°01'13" WEST, 167.70 FEET; THENCE NORTH 14°57'48" WEST, 116.00 FEET; THENCE SOUTH 75°01'13" WEST, 199.89 FEET; THENCE SOUTH 14°58'47" EAST, 213.12 FEET; THENCE SOUTH 75°01'13" 2871 WEST, 80.00 FEET; THENCE SOUTH 14°58'47" EAST, 309.88 FEET; THENCE NORTH 75°01'13" EAST, 103.88 FEET? THENCE SOUTH 14°58M7" EAST, 69.00 FEET; THENCE NORTH 75°01'13" EAST, 373.75 FEET TO THE BEGINNING OF A TANGENT 15.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 66C55'51", AN ARC DISTANCE OF 17.52 FEET; THENCE TANGENT TO SAID CURVE NORTH 08°05'22" EAST, 72.09 FEET; THENCE NORTH 81°54'38" WEST, 22.48 FEET; THENCE NORTH 14°58M7// WEST, 24.74 FEET; THENCE SOUTH 75°01«13'/ WEST, 179.43 FEET; THENCE NORTH 14°58M7" WEST, 10.00 FEET; THENCE NORTH 75°01>13" EAST, 199.14 FEET; THENCE NORTH 08°08'55" EAST, 66.83 FEET; THENCE SOUTH 81°51'05" EAST, 36.14 FEET; THENCE SOUTH 08°08'55" WEST, 194.55 FEET; THENCE SOUTH 81°51'05" EAST, 111.97 FEET; THENCE SOUTH 01°54'57" EAST, 10.16 FEET; THENCE NORTH 81°51'05" WEST, 143.90 FEET; THENCE SOUTH 75°01'13" WEST, 366.23 FEET; THENCE SOUTH 14°58'47" EAST, 25.00 FEET; THENCE SOUTH 75°01'13" WEST, 43.34 FEET; THENCE SOUTH 14°58'47" EAST, 209.00 FEET; THENCE NORTH 75°01'13" EAST, 332.50 FEET; THENCE SOUTH 81°51'05" EAST, 113.95 FEET; THENCE SOUTH 08°08'55" WEST," 110.30 FEET; THENCEft; NORTH 8l°51'05" WEST, 50.97 FEET; THENCEV; NORTH .08°08' 55" EAST, 34.00 FEET; THENCE NORTH 81°51' Q5^; WEStf>: 6S. 99 FEET TO THE BEGINNING OF A TANGENT 5.00 FOOT RADIUS',CURVE; CONCAVE SOUTHERLY; THENCE WESTERLY ALONG THE ARC OF SAID CURVE. -THROUGH A CENTRAL ANGLE OF 23°02'51", AN ARC DISTANCE OF 2.01 FEET; THENCE TANGENT TO SAID CURVE SOUTH 75°06'04" WEST, 226.18 FEET; THENCE NORTH 14°58M7'/ WEST, 20.05 FEET; THENCE SOUTH 75°01'13" WEST, 83.63 FEET; THENCE SOUTH 08°08'55// WEST, 292.86 FEET; THENCE NORTH 81°51'05" WEST, 23.14 FEET; THENCE SOUTH 08008'55" WEST, 85.00 FEET; THENCE SOUTH 81°51'05" EAST, 47.81 FEET; THENCE SOUTH 08°08'55" WEST, 63.72 FEET; THENCE SOUTH 22°36'43" EAST, 38.62 FEET; THENCE NORTH 67023'17// EAST, 123.12 FEET TO THE BEGINNING OF A TANGENT 541.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 15°49'15", AN ARC DISTANCE OF 149.38 FEET; THENCE NON-TANGENT TO SAID CURVE SOUTH 06°47'28" EAST, 20.67 FEET; THENCE SOUTH 49°23'21" WEST, 23.96 FEET TO THE BEGINNING OF A NON-TANGENT 507.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; A RADIAL LINE TO SAID POINT BEARS NORTH 09012'44" WEST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 13°23'59", AN ARC DISTANCE OF 118.57 FEET; THENCE TANGENT TO SAID CURVE SOUTH 67°23'17" WEST, 292.33 FEET TO THE BEGINNING OF A TANGENT 220.00 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 19°19'54", AN ARC DISTANCE OF 74.23 FEET; THENCE TANGENT TO SAID CURVE SOUTH 86°43'11" WEST, 40.04 FEET TO THE BEGINNING OF A TANGENT 95,00 FOOT RADIUS CURVE CONCAVE SOUTHERLY, THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 25°33'35//, AN ARC 2872 DISTANCE OF 42.38 FEET; THENCE TANGENT TO SAID CURVE SOUTH 61°09'36" WEST, 71.01 FEET TO THE BEGINNING OF A TANGENT 135.00 FOOT RADIUS CORVE CONCAVE NORTHERLY; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 22°36'55", AN ARC DISTANCE OF 53.29 FEET; THENCE TANGENT TO SAID CURVE SOUTH 83°46'31" WEST, 40.67 FEET TO THE BEGINNING OF A TANGENT 115.00 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 47°42'30", AN ARC DISTANCE OF 95.76 FEET; THENCE NON-TANGENT TO SAID CURVE NORTH 41°29'01" EAST, 10.00 FEET TO THE BEGINNING OF A NON-TANGENT 105.00 FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 41°29'01" WEST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 47°42'30", AN ARC DISTANCE OF 87.43 FEET; THENCE TANGENT TO SAID CURVE NORTH 83°46t31" EAST, 40.67 FEET TO THE BEGINNING OF A TANGENT 125.00 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 22°36f55", AN ARC DISTANCE OF 49.34 FEET; THENCE TANGENT TO SAID CURVE NORTH 61°09'36" EAST, 71.01 FEET TO THE BEGINNING OF A TANGENT 105.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 25°33 '35^> AN" ARC DISTANCE OF 46.84 FEET; THENCE TANGENT TO SAID CURVE "NdRTH 86°43' 11" EAST, 57.41 FEET; THENCE NORTH 08^08 '55" EAST, 38i:39 FEET; THENCE NORTH 81°51'05" WEST, 315.80 FEET; THENCE NORTH' 08°08'55" EAST,72.28 FEET; THENCE NORTH 24°27'10" EAST, 9.28 FEET; THENCE SOUTH 58°52'08" EAST, 123.40 FEET; THENCE SOUTH 81°51'05" EAST, 230.87 FEET; THENCE NORTH 53°08'55" EAST, 44.85 FEET; THENCE NORTH 08°08'55" EAST, 295.09 FEET TO THE BEGINNING OF A TANGENT 70.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE NORTHERLY. ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 23°07M2", AN ARC DISTANCE OF 28.26 FEET; THENCE TANGENT TO SAID CURVE NORTH 14°58'47" WEST, 63.90 FEET; THENCE NORTH 59C58'47" WEST, 15.31 FEET; THENCE SOUTH 75°01'13" WEST, 70.17 FEET; THENCE NORTH 14°58'47" WEST, 43.00 FEET; THENCE SOUTH 75°01'13" WEST, 188.91 FEET; THENCE NORTH 14°58'47" WEST, 10.00 FEET; THENCE NORTH 75°01'13" EAST, 206.91 FEET; THENCE NORTH 14°58'47" WEST, 322.75 FEET; THENCE NORTH 59°58M7" WEST, 30.06 FEET; THENCE SOUTH 75°01'13" WEST, 82.19 FEET; THENCE NORTH 60C46'48" WEST, 241.63 FEET; THENCE NORTH 29°13'I2" EAST, 99.79 FEET; THENCE NORTH 75°01'13" EAST, 124.12 FEET; THENCE SOUTH 14°58'47" EAST, 18.00 FEET; THENCE NORTH 75°01'13" EAST, 127.25 FEET;. THENCE NORTH 14°58'47" WEST, 18.00 FEET; THENCE NORTH 75°01'13" EAST, 400.81 FEET TO THE TRUE POINT OF BEGINNING. PRIVATE SURFACE DRAINAGE EASEMENT "C"; ALL THOSE PORTIONS OF LOTS 4 AND 5 OF MAP NO. 13716 IN THE CITY 2873 OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO ON DECEMBER 31, 1998f AS FILE NO. 1998- 865598 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF LOT 1 OF SAID MAP NO. 13716; THENCE SOUTH 06*29'23" WEST 729.08 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 01°54'57" EAST, 10.16 FEET; THENCE NORTH 81°51'05" WEST, 161.07 FEET; THENCE SOUTH 61°10'45" WEST, 13.46 FEET; THENCE SOUTH 75°01I13// WEST, 83.42 FEET; THENCE NORTH 14°58M7" WEST, 10.00 FEET; THEWCE NORTH 75°01'13" EAST, 82,21 FEET; THENCE NORTH 61°10'45" EAST, 15.59 FEET; THENCE SOUTH 81°51'05" EAST, 162,63 FEET TO THE TRUE POINT OF BEGINNING. PRIVATE SURFACE DRAINAGE EASEMENT "D"; ; ; , ALL THOSE PORTIONS OF LOTS 2 AND 3 OF MAP NO. 13716 IN; THE^ CITY; OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,VACCORDING TO MAP THEREOF/ FILED IN THE OFFICE OF THE COUNTY RECORDER SAID COUNTY OF SAN DIEGO ON DECEMBER 31, 1998, AS FILfe?NO 865598 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: '! r us "W; BEGINNING AT SAID POINT "Al"; THENCE SOUTH 14°58'47" EAST, 297.42 FEET; THENCE SOUTH 75°01'13" WEST, 19.86 FEET; THENCE SOUTH' 14°58'47" EAST, 36.11 FEET; THENCE SOUTH 75°01'13" WEST, 10.00 FEET; THENCE NORTH 14°58'47" WEST, 121.52 FEET; THENCE SOUTH 75°01'13" WEST, 59.24 FEET; THENCE NORTH 14°58'47" WEST, 80.00 FEET; THENCE NORTH 75°01'13" EAST, 59.24 FEET; THENCE NORTH 14°58'47" WEST, 132.00 FEET; THENCE NORTH 75°01'13" EAST, 29.86 FEET TO THE POINT OF BEGINNING. PRIVATE SURFACE DRAINAGE EASEMENT "E": ALL THOSE PORTIONS OF LOTS 9, 10, AND 11 OF MAP NO. 13716 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO ON DECEMBER 31, 1998, AS FILE NO. 1998-865598 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID LOT 9; THENCE NORTH 89°59'58" EAST, 23,18 FEET TO THE BEGINNING OF A TANGENT 50.00 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 39°31'04", AN ARC 2874 DISTANCE OF 34.49 FEET TO THE BEGINNING OF A REVERSE 55.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 58°00'16", AN ARC DISTANCE OF 55.68 FEET TO THE BEGINNING OF A MON-TANGENT 20.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 24°14'24" EAST, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 24°01'46" AN ARC DISTANCE OF 8.39 FEET; THENCE TANGENT TO SAID CURVE NORTH 41°43'50" EAST, 1.77 FEET TO THE BEGINNING OF A TANGENT 20.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 64"15'27" AN ARC DISTANCE OF 22.43 FEET; THENCE TANGENT TO SAID CURVE NORTH 22°31'37" WEST, 71.42 FEET TO THE BEGINNING OF A TANGENT 200.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 15°28'52" AN ARC DISTANCE OF 54.04 FEET; THENCE TANGENT TO SAID CURVE NORTH 07°02'45" WEST, 68.31 FEET TO THE BEGINNING OF A TANGENT 200.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 12°04123" AN ARC DISTANCE OF 42.14 FEET; THENCE TANGENT TO SAID CURVE NORTH 05°01'38" EAST, 163.30 FEET TO THE BEGINNING OF A 'TANGENT 200.00 FOOT RADIUS CURVE CONCAVE EASTERLY; ''THENCE NORTHERLY ALONG THE ARC CJF>SAID CURVE THROUGH A CENTRAL ANGLE OF 22°24' 06" AN ARC DISTANCE"OF'78.20 FEET; THENCE TANGENT TO SAID CURVE NORTH 27°25'44" EAST, 53 . 00 FEET TO THE BEGINNING" OF A TANGENT 200.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 10°18'41" AN ARC DISTANCE OF 35.99 FEET; THENCE TANGENT TO SAID CURVE NORTH 37°44'25" EAST, 78.97 FEET TO THE BEGINNING OF A TANGENT 203.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 28°49'06" AN ARC DISTANCE OF 102.10 FEET; THENCE TANGENT TO SAID CURVE NORTH 08°55'19" EAST, 21.23 FEET TO THE BEGINNING OF A TANGENT 98.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 16°34'35" AN ARC DISTANCE OF 28.35 FEET; THENCE TANGENT TO SAID CURVE NORTH 07°39'16" WEST, 60.52 FEET TO THE BEGINNING OF A TANGENT 40.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 213°09'10" AN ARC DISTANCE OF 148.81 FEET; THENCE TANGENT TO SAID CURVE SOUTH 25°29'55" WEST, 67.53 FEET TO THE BEGINNING OF A TANGENT 98.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 16°34'35" AN ARC DISTANCE OF 28.35 FEET; THENCE TANGENT TO SAID CURVE SOUTH 08°55'19" WEST, 14.51 FEET TO THE BEGINNING OF A TANGENT 235.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 28°49!06" AN ARC DISTANCE OF 118.20 FEET; THENCE TANGENT TO SAID CURVE SOUTH 37°44'25" WEST, 78.97 FEET TO THE BEGINNING OF A 2875 TANGENT 168.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 10°18'41" AN ARC DTSTANCE OF 30.23 FEET; THENCE TANGENT TO SAID CURVE SOUTH 27°25'44" WEST, 53.00 FEET TO THE BEGINNING OF A TANGENT 168.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 22°24'06// AN ARC DISTANCE OF 65.69 FEET; THENCE TANGENT TO SAID CURVE SOUTH 05001'38/r WEST, 163.30 FEET TO THE BEGINNING OF A TANGENT 168.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 12°04'23" AN ARC DISTANCE OF 35.40 FEET; THENCE TA.NGENT TO SAID CURVE SOUTH 07°02'45" EAST, 68.31 FEET TO THE BEGINNING OF A TANGENT 168.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF IS^B'S?." AN ARC DISTANCE OF 45.39 FEET; THENCE TAJT^NT TO SAID CURVE SOUTH 22°31I37" EAST, 105.86 FEET; THENCS SOUTH 33*31'10" WEST, 41.34 FEET TO THE BEGINNING OF A NON-TANGENT 55.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 62°32'24" EAST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 44C03'17" AN ARC DISTANCE OF 42.29 FEET TO THE TRUE POINT OF BEGINNING. } ^? W:\HSOFFICE\WINWORD\971041\XB1TT1 ' 2876 BOUNOWY PROPOSED LOT Li£ JHF BASS or aaawes ra? THEST HATS AS SHOW Off WCEL IMP NO, Hid 150' SCALE: 1 300' an or &S8KNTV, LOT 6 EA33XNT 'A' '- CfiY Of VBTA an or MAKCOS LEGAL PORTIONS OF WIS 1, 2, 3. 4, 5, 7, £ 9, OF I»P NO. IJ7IS •JWKIf* NO SCALE EXHIBIT 'T-2' PRIVATE SURFACE DRAINAGE EASEMENTS A-E SHT. 1 OF 9 Sh REQUESTED BY:PREPARED BY:I 2377 £ fSSxs PARCEL PJ/J 1110 SEMENT V NORTHERLYUNE PARCEL 1 PM WO SUBDIVISION BOUNDAR DETAIL A 5( SCALE: 1" = 100' COHSUIT Aj T S 5900 REQUESTED BY: % ® EASEMENT &'• SEE SHEET 5 NQK: FOR DATA TA8LE [2 AND EASEMENT DATA TABLE SE£ SHEETS 8 * 9 EXHIBIT 'T-2f PRIVATE SURFACE DRAINAGE EASEMENTS A-E SHT. 2 OF 9 PREPARED BY: ZS78 NOTE: FOR DATA TABLE AND EASEMENT DATA TABLE SEESHEETS 8*9 C O N S U I T API T .V. &»!»•«. >CnX CM l*+mWit 100 p*"*^ ira^-fl/*/BUWNGUNE PER Ptf WO EASEMENT EASTEKLYUNE PARCEL t PMWO EASEMENT wre PARCSt. 1 PM 1110 PROPOSED LOT UNES (TYP) EASEMENT* Stt SHEET 6 10" 200' SCALE: 1" - 100* EXHIBIT *T~2' PRIVATE SURFACE DRAINAGE EASEMENTS A-E SHT. 3 OF 9 PREPARED BY: 5E CORNER PARCEL 1 PM WOBUILDING LINE PER PM 1110 WlYR/W OF EL CAHINOREAL EASTERLY OF PARCEL PU WO MAP 8O64 EASEMENT WT6 PARCEL 1 PM 1110 50' SCALE: 1" = 100'SOUIHERLYUNE OF PARCEL 1PM mo PROPOSED LOTLINES (TYP) S& SHEETS 8A9 ' ' •* ' • ; , * • *3L ; •'"-''— v- /.• ^V^r.oV"' '•"• 5£f 5WEZ7 7 EXHIBIT 'T-2f PRIVATE SURFACE DRAINAGE EASEMENTS A-E 2880 50' 200' SCALE: I" « 100' EASQ&NT'A FOR DATA TABLE * EASEMENT DATA TABLE SEE SHEETS 8*9 CONSULT A/MTS SE£SHEET 2 PARCEL 1 P.M. 1tlO EXHIBIT fT-2f PRIVATE SURFACE DRAINAGE EASEMENTS A-E SHT. 5 OF 9 !. REQUESTED BY:PREPAREQ BY: «0 50" SCALE: T * 100* see SHEET 2881 FOR DATA* EASEMENT DATA TA8t£ SEE SHEETS 8&9 FwtJM-MI EXHiBff 'T-2' PRIVATE SURFACE DRAINAGE EASEMENTS A-C PREPARED BY:I SHT. 6 OF 9 SET SHOT 4 2382 OSUSNTV. PMH&DLOT PARCEL 1 PM 1110 SQUMRLY UN? OF. PMGEL 1, PU.JHtQ VLYUNE PARCEL /S2414'24"E(R)/r FOR DATA * £ASB£NT TABLE SEESHKJS 8*9 50" 200* SCALE: 1" - 100' EXHIBIT T-2f PRIVATE SURFACE DRAINAGE EASEMENTS A-E SHT. 7 OF 9 PREPARED BY: NO 8 10 tt 12 14 15 16 17 18 19 20 22 23 24 25 26 27 28 JO 31 32 3J J4 37 39 4 4 44 4 47 4 A4M Wfltf. D&Tj/B&fllNG s 79-4i'i2' w TT-48'20' W S 82VSW IT S 79'4ll2* W S 5778'56' W 3 8V42'19~ W HJmT'41' W $14'S8'4r£ $ 14"58'4r € S 75W13- W S I4'58"4r £ N 75W13" £ N 08W22TE K BWJ8' W V I4&47" If N 14-56 '47". JT J/75WVJT S C8WS5" If$ sworesowsrtH srsi'as* if H TSVf'tfe $ awns* £ oaWSS'i *r*Kfm .H &W05 H 08WS5' N SI '51 ''05' #' S 75V6'04' W 14'58'4r W t&OP. 5.00' LENGTH CONSULT T 5 MOO PatvCowt<M> inGjHrio*. CgHwrtt tZOCI7M-*31-r?00 CM fn<r~Mn~| REQUESTED BY:WO/JNP PFAl RTJITT 10.03' 74.98 fOf.fr 79.40'msr 9.82' 89.19' 12.tr 677.69' X.46' 29.34" 66.54' 6.81 23.00' 167.70' 116.00' 119.89' 213.W 80.00' fOJ.881 373.7$' 17.5? 720? 22.48' 24.74' 179.4? 10.00' 199.14' 66.8T 36.14' 194.55' 10.16' 143.90' 366.23" 25.00 43.34' 203.00' 332.SQ' //Jfl' itasf 34.0Q' 2.01' 226.18' 20.0' 54 55 59 60 62 MO o 51 52 S3 61 63 65 66 67 68 69 70 71 74 / o ti 84 95 9987 99 69 at 91 92 93 SL95 DATA TABLE s TSW'r w S 08WS5" W S 08W55' Wsstswre N 67?3'ir E SOS'47'28'1 6-25WJS IT/ry iuST" S 6tV9'X" W S83'46'3I"W N4W01T N SJWJI'E N 08T38 N 24'27'tO' £ N SJVS'SS' £ N 08W55' £ ft 14~58'4r W Ns jsmir wN N TSvnrtrwswr> N 14"58"4r W H s Tsvrtr r RWUS 541.00* 507.00' 220.00' 95.00" 13S.Q01 115.00' 105.00' 125.00' 105,00"' 70.00 LENGfH 83.63 292.86' 23.14' 47.8V SJL7' 38.62' 123, t 2' I49.381 20.67" 23,96" 118.57 292.33" 74,2.? 40.04' 42.38' 71.0J' 53.2S' 95.76' 10.00" 40.ST 4S.34nor~4&sr 381.39' \3J5,80' ' 72.29,' 123.40' 230.87 44.85' &5.09 1S..11' 43.00' 188,91~loW 322.75' 30.06' 82.19' EXHIBIT 'T-2f PRIVATE SURFACE DRAINAGE EASEMENTS A-E PREPARED BY:i AT»AV SHT a Ofr 9oni. o ur .» ^ DATA / NO 96 97 98 9too /<77Ida 109no 111 ti4its 1)8 122 123 124 DELTA/B&MNG H 60'46'48* W N 291 ft2'ett waits* r H 751113* £ t H 8WQ5" W 5 75W7J* W H 14-S8'4r W H 514'58'47'f S (4'58'4.7'es N 14*58'4r W N H14-S8'47'W £*24V1'46 l2S~ ~H 41'43lXrE ABL£ MDfUS 50,00' 20.0? L£NG7H 241.63" 99.79' 121 1? 18.00' 127.25' 18.00' 4ML(0./6' 161.07* .W 8142' 10.00' 8Z21' 15.59' 162.63" 297.42* J&8L J5.1t' 10.00' 121.52' $9,24' 80.00' 59.24' 132.00' 23.18' 34.49' 55.68' _&CT^ DATA TA3LE NO 12$ 127 128 129m 1J1 IJ fJJ tJS fJBIJ9 1.40 141 142 144 145 14$ 147 150 151 154 155 DELTA/BORING A» $415H75'tT"JrW A- 15-28'Sr N Or02'45' N OSVl'tf E A- 2i74t4'06" t*4* fN27?5'44'£ A - IOIS'41' A- 28'49'OS* A-N S&K'SS' )f A * l$'J4'JS' i W W 2B'4S'Q6' A » tm S STJf'fO' RWS 20.00' 200.00' 200.00' 200.00' 200.00' 'MlQOr 98.00' 40.00' fS.001 235.00' 168.00' 168.00' 168.00' 55.00' LENGTH 22.4S 71.42' 54,04' SAJf 42,14' 7&20' star 35.99' 7&9r W2.10' 212f 2&3S' $0.5? 148.81' 67.53" 28.35' 14.S1' 30.23" 53.001 65.59' &L22 f&JI' 45,39' 105.86' 4t.J4' 42.29' MTEREC.QOC. HO.NATURE OF EASBtOff DISPOSITION 9-21-65 FH 171355 BU£H4 SANITATION DISTRICT SBHfft 3-12-70 FN 44690 * 4489 1COUNTY OF SW DIEGO SLOPE RIGHTS/DRAINAGE TO REJ&W J 11-30-72 F/H 320065 76-397094 COUNTY OF SAN DIEGO ZMJZJmL SLsa&L11-26-76 %w CC&F PALOUM AIRPORT BUS/NESS PARK INGttSS/EGRZSS r> 1-27-75 N 75-018491 arr OF CARLSBAD PU8UC STREET TO REUt 8-21-75 S.D.G.AS.POWER TRANSMISSION TO BE QUITCLAIMED 12-31-74 MAP 8054 CiJY OF CARLSBAD LOPE RIGHTS TO REUAN O*O*? CONSULT A/N T S 5900 PtBtexCon CM E^Mvxf Mt 100 ttm*>9CO^OM. CdilorMg 8JOW ProenCnf780-93 1-7700 &rMs«l} ro.:7«0-9J)-Bt»Q REQUESTED BY: EXHIBIT fT-2f PRIVATE SURFACE DRAINAGE EASEMENTS A-E PREPARED^ BY: | t;uT o nc o cure 2885 NOVEMBER 3, 1998 REVISED MARCH 3, 2000 J.N. 971041 EXHIBIT "U-l" PRIVATE TEMPORARY SURFACE DRAINAGE EASEMENTS "A" THROUGH PRIVATE TEMPORARY SURFACE DRAINAGE EASEMENT "A"; ALL THOSE PORTIONS OF LOTS 9 THROUGH 12, INCLUSIVE, OF MAP NO. 13716 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO ON DECEMBER 31, 3998 AS FILE NO. 1998- 865598 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF LOT 5 OF SAID MAP NO. 13716; THENCE SOUTH 05022'12" EAST, 326.58 FEET TO THE TRUE POINT OF BEGINNING; . .," THENCE ^SOUTH~56°28'02" EAST, 143.74 FEET; TKENCE SOUTH' 43°58'04" EAST, 125.19 FEET; THENCE SOUTH 10°51';42" WEST, 292.28~' FEET; THENCE, SOUTH 33°4a'48"' WEST,- 139.14 FEET; THENCE SOUTH 08°2J8'02" 'WEST,' 290.36 FEET; THENCE SOUTH 10°17'26" WEST, 145.19 FEET; THENCE SOUTH 12°49'07// WEST, 177.68 FEET; THENCE NORTH 77°LQ'53" WEST, 10.00 FEET; THENCE NORTH 12°49'07" EAST, 177.46 FEET; THENCE NORTH I0°17'26" EAST, 144.81 FEET; THENCE NORTH 08°28'02" EAST, 292.45 FEET; THENCE NORTH 33°48M8" EAST, 139.36 FEET; THENCE NORTH 10°51'42" EAST, 285.06 FEET; THENCE NORTH 43°58'04" WEST, 118.91 FEET; THENCE NORTH 56°28'02" WEST, 136.26 FEET; THENCE SOUTH 58°28'40" WEST, 50.70 FEET; THENCE SOUTH 33°31'58" WEST, 100.57 FEET; THENCE SOUTH 22°00'36" WEST, 85.93 FEET; THENCE NORTH 67°59'24" WEST, 10.00 FEET; THENCE NORTH 22°00'36" EAST, 86.94 FEET; THENCE NORTH 33°31'58" EAST, 103.79 FEET; THENCE NORTH 58°28'40" EAST, 59.29 FEET TO THE TRUE POINT OF BEGINNING. 2886 PRIVATE TEMPORARY SURFACE DRAINAGE EASEMENT "B": ALL THOSE PORTIONS OF LOTS 10 THROUGH 12, INCLUSIVE, OF MAP NO. 13716 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO ON DECEMBER 31, 1998 AS FILE NO. 1998-865598 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF LOT 5 OF SAID MAP NO. 13716; THENCE SOUTH 13°50'31" WEST, 624.84 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 81°31'58" EAST, 30.00 FEET TO THE BEGINNING OF A NON-TANGENT 50.00 FOOT RADIUS CURVE CONCAVE WESTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 45°20'14" EAST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 70°OS'40", AN ARC DISTANCE OF 61.23 FEET; THENCE TANGENT TO SAID CURVE SOUTH 25°29'55" WEST, £7.53 FEET TO THE BEGINNING OF A TANGENT 88.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 16°34 ' 35'^> AN ARC DISTANCE OF'25.46 FEET; THENCE TANGENT TO SAID CURVE SOUTH 08055'19" WEST, 14.51-FEET TO THE BEGINNING OF A TANGENT 245.00 FOOT RADIPS CURVE-' CONCAVE "NORTHWESTERLY; THENCE SOUTHWESTERLY; ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 28°49I06", AN ARC DISTANCE OF 123.23 FEET; THENCE TANGENT TO SAID CURVE SOUTH 37°44'25" WEST, 78.97 FEET TO THE BEGINNING OF A TANGENT 158.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 10°18'41", AN ARC DISTANCE OF 28.43 FEET; THENCE TANGENT TO SAID CURVE SOUTH 27°25'44" WEST, 53.00 FEET TO THE BEGINNING OF A TANGENT 158.00 FOOT RADIUS CURVS CONCAVE EASTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 22°24'05//, AN ARC DISTANCE OF 61.78 FEET; THENCE TANGENT TO SAID CURVE SOUTH 05°01'38" WEST, 58.06 FEET; THENCE SOUTH 22°33'37" EAST, 70.81 FEET; THENCE SOUTH 12°30'02" EAST, 44.42 FEET; THENCE SOUTH 69°18'31" WEST, 10.10 FEET; THENCE NORTH 12°30'02" WEST, 44.98 FEET; THENCE NORTH 22°33'37" WEST, 72.38 FEET; THENCE NORTH 05°01'38" EAST, 60.52 FEET TO THE BEGINNING OF A TANGENT 168.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 22°24'06", AN ARC DISTANCE OF 65.69 FEET; THENCE TANGENT TO SAID CURVE NORTH 27°25!44" EAST, 53.00 FEET TO THE BEGINNING OF A TANGENT 168.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 10°18'41/', AN-ARC DISTANCE OF 30.23 FEET; THENCE TANGENT TO SAID CURVE NORTH 37°44'25" EAST, 78.97 FEET TO THE BEGINNING OF A 2887 TANGENT 235.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 28°49'06", AN ARC DISTANCE OF 118.20 FEET; THENCE TANGENT TO SAID CURVE NORTH 08°55'19" EAST, 14.51 FEET TO THE BEGINNING OF A TANGENT 98.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 1€°34'35", AN ARC DISTANCE OF 28.35 FEET; THENCE TANGENT TO SAID CURVE NORTH 25°29'55" EAST, 67.53 FEET TO THE BEGINNING OF A TANGENT 40.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 107°01'52", AN ARC DISTANCE OF 74.72 FEET TO THE TRUE POINT OF BEGINNING. PRIVATE TEMPORARY SURFACE DRAINAGE EASEMENT "C": ALL THAT PORTION OF LOT 12 OF MAP NO. 13716 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO ON DECEMBER 31, 1998 AS FILE NO. 1998-865598 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS'FOLLOWS: ^ BEGINNING AT THE SOUTHWESTERLY CORNER OF LOT 9 OF SAID1 MAP NO. 13716;- THENCE NORTH 25°40'56" EftST:. 284;18 FEET TO THE TRUE POINT OF BEGINNING; r; ..: -' \ ;.. ;'::V'";'iv{.: ,4r'V." . >-•-'• THENCE NORTH 69°18'31" EAST, 74.54 FEET; THENCE SOUTH 20008'48" EAST, 94.04 FEET; THENCE SOUTH 29°22'59// EAST, 129.20 FEET; THENCE SOUTH 32°04'59" WEST, 47.13 FEET TO THE BEGINNING OF A TANGENT 30.00 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 120°25f58", AN ARC DISTANCE OF 63.06 FEET; THENCE TANGENT TO SAID CURVE NORTH 27°29'03" WEST, 98.11 FEET; THENCE NORTH 23°58'23" WEST, 53.61 FEET; THENCE NORTH 15°38'51" WEST, 79.30 FEET TO THE TRUE POINT OF BEGINNING. W: \MSOFFICE\WINWORD\97104UXBITU1 - LGL SUBOMSOH9OUHUW MOPOSB LOT US* BASIS OF B&WNG s mr ctMEOJNe or a. AS SHOW OH ftftZZ IMP HO. ///ft LL NORM one*' Etsr. SCAl£ r - 300' &ESH&T*) :crnr or VHTA PORTIONS OF LOIS 9. 10. If. AND 12 OF tOP ffd fJ7/g EXHIBIT *U-2 PRIVATE TEMPORARY SURFACE DRAINAGE EASEMENTS A-C SHT. 1 OF 5 SI REQUESTED BY: W9/LNP REAL ESTATE PREPARED BY: 2889 SCALE: 1" = 100' RO3 9939 PARCEL 1 PM 1110 PROPOSED LOT ONES (M> NWCORt&R LOTS FOR &&UENT AND DATA TABLE: SET SHEET s CONSULTANTS EXHIBIT 'U-2* PRIVATE TEMPORARY SURFACE DRAINAGE EASEMENTS A-C SI PREPARED BY: PATRIOfstf n' 2890 EASEMENT V FOR EASEMENT * DATA TABLE SEE SHEET 5 > CONSULTANTS MM PMwCMri 7t»-HI-7«o EXHIBIT *U-2' PRIVATE TEMPORARY SURFACE DRAINAGE EASEMENTS A-C EQUESTED BY:/Utf> REAL ESTATE PREPARED BY: O'OAY ADM 213-020-U SUSOMSXNBOUNDARY SOWHERLY U?€ OF^+^l PARCEL I /V mo tfLYUNE t N25'40'5$r t^y ? 284.J8 MAP 9744 FOR DATA A EASEMENT TABLE SEE SHEET 5 SCALE: 1" = 100' EXHIBIT 'U-2f3900 fwlw Owt CMISuit* 100 PRIVATE TEMPORARY SURFACE DRAINAGE EASEMENTS A-C SHT. 4 OF 5 S REQUESTED BY:lUin/llID DCAI CCTATC PREPARED BY:f>% A^*^>Mi^b^Ti/ ^*r» **' ; 2892 DATA 1 NO t 2 J 4 5 6 7 8 910 11 12 13 14 15 16 17 18 I? HO 21 22 23 24 25 26 27 28 2S 30 31 32 DELTA/BEARING S 79'41'ir W S43<58'04"E S W51'42' W S 33'48'4S' W C ftO*tfi fl9^ Mf& VG £& Mt Irs w/ar r soyte'srE S26J3WE S 52'34'46m W~~5 Oo*B35 E* ~ ' S 5270'Off' W N iOIT'26'E N 03?8'Q2' ' E N JUWXif * f N W51'42'E V 4T58'04" W H 5678'02* W S 5878'40" Ws jjyi'58" ff S 22W36* W N 6r5S'24" W N 22W'36* E N 33*31 '58* E N 5&28'40¥£ N dt'JI'58" if A 70V9'41' S 2$"29'55* 'if A "WfyVliS* : o At?*Gf-/& '-"iif • •'•J wpjW'iy * 'w A -2S'4S/W S 37-44'25" V A *!018"4t* rABLE MOWS — — ~ —.. — ,_ .. — — " . .. .. • ~. 50.00' MOO' .— — - 245.00' 15&001 LENGTH 143.74' 125.19' 292.281 139.14' 290.36' 145.19' 4126' 64. IT1 36.27' 6.45' 69.4S' 144.81' 292.45' ISS.3S' 285.Q6' 118.91' 136.26' 50.70' 100.57' 85.93" 10.00' 8&.S4' 103.7$T Z9.29' 30. Off 61,23" 67.53" 2S.4S' 14.51' 123,23" 78.97" 28.43" - DATA ) NO 33 34 35 36 37 3B 39 4Q 41 43 44 45 *$ 47 48 49 50 51 s? 53 54 55 56 57 58 64 KLT4/BBWG S ZTTSW W &*2274'07' S 05W38' W N 22'33"3r W N ITX'OT W S 6918'3I' W fl 12'30'02* W N 22'33'37* 9 S OSVI'38' If N 27'2S'44' £ A -1018"4r S 3T44'25m W f^.s2S'49'Q6* S OS-K'19" W A -I6'34'35' N 2S?9'55~E A«/07W3J* V 6918'3I* £ S 20V8'4S' f S 2$22'59* E, S 32W59" mr A 120"25'58'-, - N 2^2S'03' if- N iJ38'7J* W H I5'38'51' mN iwor tf TABLE RADIUS ,58.00'. —, '" 168.0tf. 168.00" 235.00" 9RQQ1 40.00* _— — _ 30.00" — — * — ^ LENGTH 5J.OC' 61.78* l 58.06" 70.81" 44.42" 10.10" L 44.98" 72.38^ 60.52" 65.6$' 5100" . 30.23"7&sr 118.20" \ 14.S1" && 67.53" 74.721 74.54" S4.04" 1&20' 47.13" 6J.GS' 9&lf 53.61* -79.^ 175.56', ~ 3 / EASEMENT TABLE %fty t 2 J 4 5 6 ? DATE REC DOC. NO. 9-21-65 F/N 171355 3-12-70 F/N 44690 & 44691 11-30-72 F/N 320065 11-26-76 F/N 76-397094 1-27-75 F/N 75-018491 8-21-75 75-223627 12-31-74 MAP 8054 8ENEFJOAW NATURE OF EASEUBIT DISPOSITION 8UEHA SANfTAWN DISTRICT SEWER TO XEM COUNTY OF SAN DKGQ SLOPE RIGHTS/DRAINAGE TO REIA COUNTY OF SW DIEGO PUBUC fffUD TO f?£% CC&F PALOHAR AIRPORT BUSINESS PARK INGRESS/EGRESS TO REH CITY OF CAffLSBAO PUBUC STREET TO REH S.D.G.&.E. POWER TRANSMISSION TO BE ( W <vsvw 49V VJfTCLA/MEDarr OF CARLSBAD SLOPE RIGHTS TO /fnwff O*O*~? CONSULT A/* T S MW rnuur Court CM fr***nnl»U 100 PnnnMCorfrtKrt. CoMonv, f 200* f«xnin^ Pgt-)60-9Jl-a««) REQUESTED BY: IW9/LNP REAL ESTATt EXHIBIT 'U-Z* PRIVATE TEMPORARY SURFACE DRAINAGE EASEMENTS PREPARED BY: 1 oHT s OF SPATRICK^O'DAY . | SHT' 5 ™ ,5 A-C SHTS.CT. 3/31/01 j 2893 NOVEMBER 3, 1998 REVISED MARCH 3, 2000 J.N. 971041 EXHIBIT "V-1" PRIVATE UTILITY EASEMENT A FOR LOT 1 ALL THAT PORTION OF LOT 3 OF MAP NO. 13716 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO ON DECEMBER 31, 1998, AS FILE NO. 1998- 865598 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 3; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 3 NORTH 81°51'05" WEST, 243.72 FEET; THENCE SOUTH 75"',1'13" WEST, 46.60 FEET; THENCE LEAVING: SAID SOUTHERLY LINE NORTH 14°58'47" WEST, 11.10 FEET TO THE TRUE^PQINT OF BEGINNING; . ' . ! ; .-• - "',:• -•''": W- .'. ." -' ', '' ' '- ' -••- { ' ^ - THENCE' -SOUTH 75°01' 13" WEST, "10..00 FEET; -THENCE NORTH •14°58' 4Tr WEST>£";95.4:0V^FEET;. THENCE NORTH 75°01'13" EAST,;, 110.3 8 FEETT THENCE ;NORTH 14°58'47" WEST, 77,08 FEET; THENCE NORTH 75°01'13" EAST, 10.00 FEET; THENCE SOUTH 14°58'47" EAST, 87.08 FEET; THENCE SOUTH 75°01'13// WEST, 110.38 FEET; THENCE SOUTH 14°58'47" EAST, 85.40 FEET TO THE TRUE POINT OF BEGINNING. AREA = 0.06 ACRE H:\MSOFfICE\WINWORD\971041\XBITVl.tGI. FLY RIGHT-OF-WAY Or EL CAWWKEALff- N.E. CORNER PARCEL 1 PM If 10 ElYLINE OF PARCELPM mo SUBDM90N BOUNDARY . PRIVATEUliUTY \ EASEUENT FOR LOT f LOT 3 REQUESTED BY:W9/LJ4P REAL ESTATE EASEMENi Tffi 1 2 J 4 5 6 7 8 9 W 11 DCLTA/BEARING NWSIW9 S 75W'IJ' W N 1*58'4r W S 75W'1J' W H 1f58'4r W N 75W'13'E N IW47" W N 75V1'13'E S 14"58'47'E S 75W'1J'ir S 14'58'47" E r DATA RADIUS _ -__—_- LENGTH 243.72' 46.60' 1110' 10.00' 95.40'tia&' 77.08' 10.00' 87.08' 110.38' 85.40' EXHIBIT 'V-2§ PRIVATE UTILITY CASEMENT fA' FOR LOT 1 PREPARED BY: PATRtCK/tf (TRAY SHT. 1 OF 1 OM 213-020-1 2895 NOVEMBER 3, 1998 REVISED MARCH 3, 2000 J.N. 971041 EXHIBIT "W-l" PRIVATE UTILITY EASEMENT B FOR LOT 2 ALL THOSE PORTIONS OF LOTS 1 AND 3 OF MAP NO. 13716 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO ON DECEMBER 31, 1998, AS FILE NO. 1998- 865598 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 3; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 3 NORTH 81°51 ' 05" WEST, 243.72 FEET; THENCE SOUTH 75°01'13'/ WEST, 61.60 FEET; THENCE LEAVING SAID SOUTH&RM; LINE NORTH 14°58' 47" WEST, 11.10 FEET TO THE TRUE POINT:\OF BEGINNING; L 'l ; " ! THENCE ,SOUTH 7/500;l' 13* •,, WEST, 10.00 FEET; THENCE' NORTH 14°58'47" WEST,- 100.40 iFEET; THENCE NORTH 75<?01' 13" EAST/ &6.26 FEET; THENCE NORTH 14°58I47" WEST, 113.77 FEET; THENCE NORTH 30°Q1' 13" EAST, 28.99 FEET; THENCE NORTH 14°58'47" WEST, 42.98 FEET; THENCE NORTH 59°58'47" WEST, 11,31 FEET; THENCE NORTH 14°58'47" WEST, 12.26 FEET; THENCE NORTH 75°01'13" EAST, 6.56 FEET; THENCE NORTH 14°58'47" WEST, 70.29 FEET; THENCE SOUTH 78°45'35" EAST, 3.83 FEET; THENCE SOUTH 14°58'47" EAST, 76.72 FEET; THENCE SOUTH 59°58'47" EAST, 11.31 FEET; THENCE SOUTH 14°58'47" EAST, 51.26 FEET; THENCE SOUTH 30°01'13" WEST, 28.99 FEET; THENCE SOUTH 14°58'47'/ EAST, 119.63 FEET; THENCE SOUTH 75°01'13// WEST, 86,26 FEET; THENCE SOUTH 14°58'47" EAST, 90.40 FEET TO THE TRUE POINT OF BEGINNING. AREA =0.10 ACRE W:\MSOFFICE\WINWORD\971041\XBITW1.LGL --2896 etr UNS: or pMca /--t£lY RIGHT-Or-WAY OF £L CAMINO SEAL CORNER PA%£LL_ SJBDM30H BOUNDARY SCALE: 1" = 100' C 0 M t U J. T EXHIBIT - PRIVATE UTILITY EASEMENT FOR LOT 2 SHT. 1 OF 2 PREPARED BY:/\'PIIWREQUESTEDDTil EASEMEN DATA DELTA/BEARING RADIUS LENGTH H srsros' w 24*72 6160 H t4W47m W 1UO' S 7SV1 7J" W 10.00' N 14'58'47" W 100.40' N TSW'tJ'E 86.26' H 14W47' W 8 ft WOW E 26,99' N 14'58'47' W 42.98' 10 N 11 H !4'S8'47* W 12.26' 12 H 6,56* IJ H J4'58'47'W 70.29' 14 S 78'45'X'E 15 S 14'58'4r E 76.72 IS 1U1' 17 $ 14W47*E 51.26' 18 sworir w 28.99 19 119.63' 20 21 $ 14'5$'47"E 90^40' 1 C 0 H $ U I T KM CMI CM ti<li««i>«MW IN *~itrm EXHIBIT 'W-2' PRIVATE UTILITY EASEMENT 13 FOR LOT 2 SHT. 2 REQUESTED BYt WQ/INP WAI PCTATF PREPARED BY: *»«t_A*V» 2898 NOVEMBER 3, 1998 REVISED MARCH 3, 2000 J.N. 971041 EXHIBIT "X-l" PRIVATE UTILITY EASEMENT C FOR LOT 6 ALL THAT PORTION OF LOT 7 OF MAP NO. 13716 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO ON DECEMBER 31, 1998, AS FILE NO. 1998- 865598 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE .NORTHEASTERLY CORNER OF LOT 6 OF, SAID MAP NO. •13716; THENCE ALONG THE NORTHERLY AND WESTERLY LINES OF SAID LOT 6 NORTH 81°51'05" WEST, 106.00 FEET; THENCE NORTH 08°08'55" EAST, .a4\00 FEET; THENCE ; NORTH 81°51' 05" WEST, 63 ..99a FEET; TO THE ^BEGINNING OF-vA-rl5 i 00 FOOT RADIUS TANGENT CURVED CONCAVE V SOUTHWESTERLY; ^HEl^CE NORTHWESTERLY ALONG THEV ARC^J^'s^il)- CURVE JFHROUGH A CE^TRAif*;ANGLE OF 23°02 '.51";;, AN ARC; DJSrSte••$$•.!' 2 . 01 .^Fpf;. THENCE I TANGENT TO SAID CURVE NORTH 7S^Q6;'0^" EAST,;? 226.18 :•' FEET; THENCE NORTH ,14°5 8 'A 1" WEST, 20.05 FEET; THENCE SOUTH 75°01'13// WEST, 83.63 FEET; THENCE SOUTH 08°08'55" WEST, 31.14 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 08°08'55" WEST, 25.19 FEET; THENCE LEAVING SAID WESTERLY LINE NORTH 15°14'12" WEST, 254.08 FEET; THENCE NORTH 25°02'44// WEST, 30.19 FEET; THENCE NORTH 75°01'13" EAST, 10.16 FEET; THENCE SOUTH 25°02'44" EAST, 29.27 FEET; THENCE SOUTH 15°14'12" EAST, 231.81 FEET TO THE TRUE POINT OF BEGINNING. AREA = 0.06 ACRE W:\MSOFFICE\WINWORD\971041\XBITX1.LGL LOT 4 LOfiWF- ZASQ&tT fW LOT 6 LOT 7 co ** u t T SIW evitor Cwt CM l«0 7W-M1-77W 'XW-M1- 2899 sir UK nro A \ ~3S200' SCALE: T * 100' EXHIBIT 'X-2' PRIVATE UTILITY EASEMENT C FOR LOT 6 SHT. 1 OF 2REQUESTED BY:W9/LNP REAL ESTATE PREPARED BY:PATpmrlii n'ru REQUESTED BY: W9/LJ4P REAL ESTATF 2900 EASEMENT DA TA ^/ 2 J 4 5 6 7 8 9 W It 12 /J 14 DELTA/BEARING N 81'SlW W N08r08'S5~£ N 8W05' W &' 2JV2'51' N 7F06'04'E N H'58'47" W $ 75-01 '13' W S 08-08'5S" W 5 OFOS'tt" W N 15-14*12' W N 25"02'44" WN Tsvrtj'e 5 25'02'44'E 5 15'I4'12'£ RADIUS •-••'• - -.• 5.00* .• ': — ;— LENGTH 106.00^ 34.00' 63.99' 2.01' 226.18' 20.05^ 83.63' 31.14' 25.19' 254.08' 30.19' 10.16' 29.27' 231,81' EXHIBIT fX-2' PRIVATE UTIUTY EASEMENT C FOR LOT 6 PREPARED BY:n'ruv OF 2 n • T ««v% « t 2901 NOVEMBER 3, 1998 REVISED MARCH 3, 2000 J.N. 971041 EXHIBIT "Y-l" PRIVATE UTILITY EASEMENT D FOR LOT 9 ALL THOSE PORTIONS OF LOTS 7 AND 10 OF MAP NO. 13716 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO ON DECEMBER 31, 1998, AS FILE NO. 1998- 865598 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF LOT 9 OF SAID MAP NO. 13716; THENCE ALONG THE EASTERLY LINE OF SAID LOT 9 NORTH 10°51'42" EAST, 1.28 FEET; THENCE LEAVING SAID EASTERLY LINE SOUTH;|,81051'05" EAST, 32.80 FEET; THENCE SOUTH 08°08'55" ;WEST, .10.4)0 ;FEET; THENCE NORTH 81°5:1' 05" WEST, - 43 .29 FEET; THENCEFORTH' 10°51'J42" EAST, 8.79 FEET; THENCE SOUTH 81°31'58" EAST/ 16.01 FEET TO THE POINT OF BEGINNING. — -; fO : AREA =0.01 ACRE H'. \MSOFFICE\WIMHORD\971041\XBITY1. LGL LOT 2 PRIVATEUTIUTY EASEMENT 0 FOR LOT 9SVBOMSON BOUNMKf SUBDIVISION BOUNDARY SCALE 1" * 100' EASEMENT DATA $$ / 2 J 4 5 6 DELTA/BERING N HrSI'42* £ s ersi'os'f S 08W55' ¥f N SrSf'OS' W N IffSfWE S 8rJt'58' E RADIUS » LENGTH 1.28' 32.80' 10.00' 4J.29' 8.79'w.or EXHIBIT fY-2f PRIVATE UTILITY EASEMENT 0 FOR LOT 9 SHT. 1 OF 1 REQUESTED BY:PREPARED BY: 2903 NOVEMBER 3, 1998 REVISED MARCH 3, 2000 J.N. 971041 EXHIBIT "Z-l" PRIVATE UTILITY EASEMENT E FOR LOT 10 ALL THAT PORTION OF LOT 7 OF MAP NO. 13716 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO ON DECEMBER 31, 1998, AS FILE NO. 1998- 865598 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF LOT 10 OF SAID MAP NO. 13726; THENCE ALONG THE. EASTERLY LINE OF SAID LOT 10 SOUTH 10°51'42" WEST, 3.72 FF.ET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID .EASTERLY LINE SOUTH 81°51'05" EAST> 33.0* FEET; THENCE SOUTH, 08^08'55" . WEST, 10.00 FEET; THENCE NORTH Sl^l^OS" WEST, 33v51 FEET; THENCE NORTH 10°51'42" EAST;- 10.01 FEET TO THE TRUE POINT OF BEGINNING. : ; i AREA = 0.01 ACRE W:\MSOFFICE\WINWORD\971041\XBITZl.tGI. 50*200' SCALE: 1" « 100* LOT 7 *£ COR Of LOT 10 /] SUBDIVISION BOUNDARY SUBDIVISION BOUNDARY CONSUL T A/M T"$ Ml* 100Ci !«»«. ex**"* HOOt7W-UI-77IM EASEMENT DATA $$ ; 2 3 4 5 DELTA/BEAMING 5 7(T5/^" W sersi'os'E S 08V8'55~ W N 81'51'05"W N fffSlW £ RADIUS_____LENGTH J.72' 33.04' taw 33.5 1' 10.01' EXHIBIT '1-2' PRIVATE UTILITY EASEMENT E FOR LOT 1O REQUESTED BY: W9/LNP REAL ESTATE PREPARED BY: PATRICKS O'OAY AP.N. 213-020-14 2905 NOVEMBER 3, 1998 REVISED MARCH 3, 2000 J.N. 971041 EXHIBIT "AA-1" PRIVATE UTILITY EASEMENT F FOR LOT 11 ALL THAT PORTION OF LOT 8 OF MAP NO. 13716 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO/ STATE OF CALIE'ORNIA, ACCORDING TO MAP THEREOF, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO ON DECEMBER 31, 1998, AS FILE NO. 1998- 865598 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF LOT 11 OF SAID MAP NO. 13716; THENCE ALONG THE EASTERLY LINE OF SAID LOT 11 NORTH 08°28'02" EAST, 7.50 FEET; THENCE LEAVING SAID EASTERLY LINE SOUTH 81°51!05" EAST, 41.14VFEET; THENCE SOUTH 08°08'55" WEST, ib.;00 FEET; THENCE NORTH &i°51'05" WEST, 41.27 FEET TO A POINTS ON; THE EASTERLY LINE OF LOT 12 OF SAID MAP NO. 13716; THENCE ALONG: SAID EASTERLY LINE NORTH 10°17' 25" EAST, 2.50 FEET TO THE POINT OF BEGINNING. ; AREA 0.01 ACRE W:\MSOFFICB\WINWORD\971041NXBITAA2.LGL LOT 10 LOT 8 2906 tKBKHTF K LOT 11 ^p rt SUBDIVISION BOUNDARY LOT 9 SVBD/USKM BOVNOMY- EASEMENT DA TA {NO)/ 2 J 4 5 DELTA/BEARiNG H0ff28'02" £ S 81'5l'05m E S Q8W55" W NSI'SI'OS'W H 1<ri7'26'E RADIUS — i LENGTH 7.50' 41.14' 10.00' 4137* 2.50' EXHIBIT 'AA-2* PRIVATE UTILITY EASEMENT F FOR LOT 11 REQUESTED BY:PREPARED BY:T 2907 NOVEMBER 3, 1998 REVISED MARCH 3, 2000 J.N. 971041 EXHIBIT "BB-1" PRIVATE UTILITY EASEMENT G FOR LOT 12 ALL THAT PORTION OF LOT 8 OF MAP NO. 13716 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO ON DECEMBER 31, 1998, AS FILE NO. 1998- 865598 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF LOT 12 OF SAID MAP NO. 13716; THENCE ALONG THE EASTERLY LINE OF LOT 11 OF SAID MAP NO. 13716 NORTH 08°28'02" EAST, 2.50 FEET; THENCE LEAVING SAID EASTERLY LINE-SOUTH 81°51'05"- EAST, 41.17 FEET; THENCE -SOUTH 08°08 ' 55"'•' WEST,' 10 .00 FEET; THENCE NORTH 81°51' OS^ WEST; 4ly46 FEET TO A POINT ON jTHE EASTERLY. LINE -OF SAID LOT 12;; ; THENCE ALONG SAID EASTERLY LINE NORTH 10^17' 26'' EAST, ,^7.51 FEET;-TO THE POINT OF BEGINNING. : AREA = 0.01 ACRE W:\MSOFFICE\WINWORD\971041\XBITBB1.UGL LOT 10 PRIVATE UVUTY EASBWTG SUffOitiSIW BOUNDARY LOT 9 SUBDttiSION BOUNDARY EASEMENT DATA $$ ; 2 J 4 5 DELTA/BEARING H OST28'02" E serst'os'E 5 OffQd'55' WN srsj'os** N terms' E RADIUS LENGTH 250'4ur 10.00' 41M' 7.5 f CONSULT A3TT » »00 FMUur Co«l CM MH 190»«» SCALE: T * 100' EXHiBST 'BB-2* PRIVATE UTILITY EASEMENT G FOR LOT 12 SHT. 1 OF 1 REQUESTED BY:I *»« 1 «S<tA 4 4 2909 NOVEMBER 3, 1998 REVISED MARCH 3, 2000 J.N. 971041 EXHIBIT "CC-1" PRIVATE UTILITY EASEMENTS "H" AND "I" FOR LOT 7 PRIVATE UTILITY EASEMENT "H"; ALL THAT PORTION OF LOT 6 OF MAP NO. 13716 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO ON DECEMBER 31, 1998, AS FILE NO. 1998- 865598 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 6; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 6 NORTH 81°51'05" WEST, 3/1.95 FEET TO THE BEGINNING OF A TANGENT 541.00 FOOT .RADIUS CURVE" CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG^^H.E ARC ''OF SAID CURVE THROUGH A CENTRAL ..ANGLE OF 30*M5 '38",^ AN ARC DISTANCE .OF 290.45 " FEETr THENCE -TANGENT- TO SAID CUR^E., SOCJTH 67°23'17" WEST, 123.12 FEET; THENCE NORTH 22°36'43" WEST, 38.62 FEET; THENCE NORTH 08P08'55" EAST, 63.72 FEET; THENCE NORTH 81°51'05" WEST, 38.33 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 81°51'05" WEST, 9.48 FEET; THENCE NORTH 08°08'55" EAST, 3.24 FEET; THENCE NORTH 30°17'13" EAST, 26.37 FEET; THENCE NORTH 04°08'29" WEST, 46.69 FEET; THENCE NORTH 08°08'55" EAST, 11.72 FEET; THENCE SOUTH 81°51'05" EAST, 7.68 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "A"; THENCE SOUTH 04°O8'29" EAST, 59.60 FEET; THENCE SOUTH 30°17'13" WEST, 28.90 FEET TO THE TRUE POINT OF BEGINNING. AREA =0.02 ACRE PRIVATE UTILITY EASEMENT "I"; ALL THAT PORTION OF LOT 5 OF MAP NO. 13716 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO ON DECEMBER 31, 1998, AS FILE NO. 1998- 865598 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: 2910 BEGINNING AT SAID POINT "A"; THENCE NORTH 10°34'19" WEST, 570.94 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "B", SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE SOUTH 75°01'13" WEST, 169.35 FEET; THENCE NORTH 14°58M7" WEST, 9.70 FEET; THENCE NORTH 75°01I13" EAST, 169.35 FEET; THENCE SOUTH 14°58'47" EAST, 9.70 FEET TO SAID POINT "B". AREA =0.04 ACRE «:\MSOFF1CE\WINWORD\371041\XBITCC1. LGL 2911 LOT 4 i \ LOT 7 ISaCVT?"nmKunuTY EAS&ENT FOK LOT 7 "H* PONT'Am~ 50T 200' SCALt I" « 100' EXHIBIT fCC-2f PRIVATE UTILITY EASEMENTS H AND I FOR LOT 7 LOT 8 SHT. 1 OF 2 BY-\ S&SHKT/ 2912 LOTUIKflv.) LOT JO LOT 12 SCALE: T CONSULT A>N T S MM fMtwr Cnrt feJW IWl»«iii HOW 7W-WI-7700 CM C»r-».i"9 H»'»*«i?>.e*lNm EASEMENl 8 10 It 12 IJ 14 15 1$ 17 18 DELTA/BEARING N 81'51'05"W S 6T2W W N 2?36'4y W N OSW'X'E N 81'51'05'W N srsros'w N Q8V855m EN N 04W29* W N 06'06'55'Esarsros'E S 04W29'Ews 75'onr w N 14'5847'W N 75'01'13"E S 14'58'47'E RADIUS 541.00' mm J7.95' 290.45 123,12' 38.62' 63.72' 38.33' 9.48' 3,24' 26.37' 46.69' 11.72' 7.68' 59.60' 28.90' 169.35' 9.70' 169.35' 9.70' EXHIBIT fCC-2* PRIVATE UTILITY EASEMENTS H AND 1 FOR LOT 7 SHT. 2 nv-PRFPARFD RY- 2913 NOVEMBER 3, 1998 REVISED MARCH 3, 2000 J.N.: 971041 EXHIBIT "DD-1" FOUNTAIN BASEMENT ALL THOSE PORTIONS OF LOTS 7 AND 8 OF MAP NO. 13716 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY ON DECEMBER 31, 1998 AS FILE NO. 1998-865598 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 8; THENCE ALONG THE NORTHERLY LINE OF SAID LOT 8 SOUTH 58°52/08'/ EAST, 168.04 FEET; THENCE SOUTH 81°51'05" EAST, 137.43 FEET TO A POINT ON A NON-TANGENT 28.00 FOOT RADIUS CURVE, A RADIAL LINE TO SAID POINT BEARS NORTH 81°51'05" WEST, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; £;> THENCE ALONG ;§AXD CURVE, vTHROUGH; '& ARC DISTANCE OF 175.93 FEET TO * W:\MSOFFICE\WINWORD\971041\XBITOD1.LGI. ANGLE>QF ' 3$0°00' OO'V ANi POINT^ OF^BEGlNNa:;NG. : ^ - £ 2914 fWWW (ASOfHT 5UBM8W | PMPQSB) LOT UK OASIS Or TNT BUSS or SEvatss MR nest HATSis m a&m*£ or EL CWNO AS SHCm OH fWKB. UUP HO. 1110. •asr. FOUNTAN MSBSNT LEGAL PCRJKNS CFLOJS 7MQ 8 OF W HO. 1S716 EXHIBIT '00-2' FOUNTAIN EASEMENT 2iJl 5 \ SUBDIVISION BOUNDARY —-^A LOT 7 P.O.& .% CORNER LOT 8 LOT 10 LOT 8 i \ LOT IX (TYP.) LOT 11 £ASEMEHT DATA ^7"i J DaiA/BEARING $ 58'52'08~ Es srsros' E A = JWOO'OO' LRADiUS - in 28.00' LENGTH 168.04' 1J7.4J' 175.93' MOD Potttvr CM.-ISiAl 100Cork*)* Co«»<iii fMOa 7«O-931-7700 «~or 760-9 Jl-KflC LOT 12 sirIMorPARCO. i- ;;;- ay truferima SCALE: 1" = 100* cw EXHIBiT '00-2* FOUNTAIN EASEMENT SHT. 2 OF 2 o\/.T *t RECORDING REQUESTED BY: « o . o 0(10 ft 9fifl1-fYl fYWT^FIDELITY NATIONAL TITLE 6358 UULf tt £-UUi UJ.UJJJJ FEB 23, 2001 1=24\ Recording Requested By And OO When Recorded Return To:Po W9/LNP Real Estate Limited Partnership rrrn. 70 Mrtto. jo.UU{f} c/o Legacy Partners Commercial, Inc. - 16745 W. Bernardo Drive, Suite 165 ^ San Diego, California 92127 ^ Attention: Mr. GaryKatz OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY 3. SHITH, COUNTY RECORDED 2 2001-0103533 (Above Space for Recorder's Use Only) AMENDMENT OF DECLARATION OF EASEMENTS AND DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS This Amendment of Declaration of Easements and Declaration of Covenants, Conditions and Restrictions (the "Amendment") is made as of this day of February, 2001, by W9/LNP Real Estate Limited Partnership, a Delaware limited partnership ("Declarant"). RECITALS A. Declarant is the original owner and developer of that certain real property situated in the City of Carlsbad, County of San Diego, State of California, hereinafter referred'to as the "Property", being more particularly described in Exhibit A-l and depicted in the plat labeled Exhibit A-2, each of which is attached to that certain Declaration of Easements and Declaration of Covenants, Conditions and Restrictions (the "Declaration") executed by Declarant and recorded in the Official Records of the County of San Diego, State of California, on June 22, 2000, as document no. 2000-0329407, and each of which is incorporated herein by this reference. The Property is comprised of twelve (12) lots as shown on that certain Final Map entitled Carlsbad Tract No. 98-07, Lincoln Northpointe, filed in the office of the County Recorder of San Diego County, "State of California, on December 31,1998 as Map No. 137016 (the "Map"). The twelve (12) lots are hereinafter referred to as "Lot 1", "Lot 2", "Lot 3", "Lot 4", "Lot 5", "Lot 6", "Lot 7", "Lot 8", "Lot 9", "Lot 10", "Lot 11", and "Lot 12", as shown on the Map, and are hereinafter sometimes collectively referred to as the "Lots" and individually as a "Lot". B. The Property is being and will be developed and improved as a planned commercial/industrial park to be known as Legacy North Pointe (the "Project"), integrating commercial, industrial, office and other business uses. C. Pursuant to City of Carlsbad Planning Commission Resolution No. 4356, and by reference therein to the Project Trip Generation rates specified in Sheet A-l of that certain plan set dated July 1,1998, prepared by Smith Consulting Architects and stamped "Approved Planning Commission 98-07" (the "Plan Set"), 5036 average daily trips (hereinafter referred to as "ADTs") have been approved for the Project. C:\WINDOWS\TEMP\Amendment to DecIaration_RV3.doc 02/22/01 6359 D. The Declarant has already sold four (4) Lots to Levine Investments Limited Partnership, an Arizona limited partnership ("Levine"), and is contemplating selling the remaining eight (8) Lots to two (2) other investors. Certain of the Lots were issued ADTs in excess of the numbers set forth in the Plan Set. This excess allocation has caused some uncertainty with regard to the remaining number of ADTs available for the balance of the Project. Accordingly, Declarant now wishes to establish and allocate the number of ADTs for each Lot. E. Declarant further desires to clarify the Declaration as to the rights of certain Lots to identify their street addresses on monument signage presently existing at the Project. NOW, THEREFORE, Declarant hereby declares that all of the Property is and shall be held, conveyed, hypothecated, encumbered, leased, rented, used, occupied and improved subject to the covenants, conditions and restrictions set forth in the Declaration, as amended hereby, all of which are declared and agreed to be in furtherance of a common plan for the development of the Property and the subsequent improvement, lease or sale of the Property, or any part thereof, and are established and agreed upon for the purpose of enhancing and protecting the value, desirability and attractiveness of the Property. All covenants, conditions and restrictions contained in the Declaration, as amended hereby, shall run with the Property and every part thereof and interest therein, shall be for the benefit of and bind all parties having or acquiring any right, title, interest or estate in the Property of any part thereof, shall inure to the benefit of and bind each and every Owner (as defined in the Declaration) and their successors in interest arid are hereby imposed on the Property as a servitude in favor of said Property as the dominant tenerhent or tenements thereof: : r ; « 1. Definitions. Capitalized terms used herein and not defined herein shall have the same definition given to them in the Declaration. 2.ADTs. 2.1 Allocation of ADTs. Regardless of any prior ADTs issued with respect to any Lots within the Project, each Lot shall have, out of the total of five thousand thirty-six (5036) ADTs allocated to the entire Project, the following number of ADTs: LOT NUMBER 1 2 3 4 5 6 7 8 APPROVED ADTs 566 452 559 524 553 522 486 477 C:\WlNDOWSVTEMP\Amendment to DtclantionJI.V3.doc 02/22/01 6360 LOT NUMBER 9 10 11 12 APPROVED ADTs 225 225 224 223 The foregoing ADT allocation is an allocation to each Lot within the Project of the aggregate number of ADTs allocated by the City of Carlsbad to the Project. In the past, the City of Carlsbad has issued ADTs on a "first come, first served" basis; however, all future allocations shall be based on the foregoing table. A more detailed breakdown of the Project ADTs and the types of uses to be made on each Lot which correspond to said allocation of the ADTs may be found in the chart previously supplied to the Declarant by the City of Carlsbad Planning Department, a copy of which is attached to this Amendment (the "ADT Schedule") as Schedule 1. 2.2 Re-Allocation of ADTs. Any Owner may attempt to obtain from the City of Carlsbad additional ADTs above and beyond the number shown in Section 2.1 above; provided, however, that no such additional allocation shall have the effect of reducing the number of ADTs of any other Lot within the Project below the number shown in Section 2.1 above, without the express written consent of the Owner of such Lot, which consent may be given or withheld in the sole discretion of such Owner. 2.3 Role of Manager. In the event that any Owner applies to the City of Carlsbad or any other governmental or quasi-governmental agency with jurisdiction over the Project for any zoning, use, development, building or other permit or approval, whether or not such application might or might not affect the allocation of ADTs to any other Lot or Lots within the Project, such applying Owner shall provide the Manager of the Project with a copy of such application and shall keep the Manager advised of all developments and progress with respect to the same. Such information shall be made available to any Owner within the Project upon request by any other such Owner. The Manager and/or any other Owner within the Project shall have the right, but not the obligation, to comment upon or make any objection that the Manager and/or other Owner(s) may have. 2.4 Consent of Other Owners. No Owner may apply to the City of Carlsbad or any other governmental or quasi-governmental agency with jurisdiction over the Project for a zoning, use, development, building or other permit or approval that might affect the allocation of ADTs to any other Lot or Lots within the Project without the express prior written consent of each other Owner in the Project, which consent may be given or withheld in the sole discretion of such other Owner. Notwithstanding the foregoing to the contrary, however, in the event that the City of Carlsbad agrees to grant ADTs to any Lot over and above the allocation set forth in Section 2.1 above without there being any affect on the allocation of ADTs to any other Lot or Lots within the Project, then such consent shall not be required. C:\WINDOWS\TEMPWnveodmenl to D«claration_RV3.doc 02/22/01 6361 2.5 Owners of Multiple Lots. Any "Owner" of multiple Lots may re-allocate the number of ADTs set forth in Section 2.1 above among its respective Lots without the consent or approval of any other Owner or the Manager; provided, however, said Owner shall deliver written notice of such re-allocation to Manager upon approval thereof by the City of Carlsbad. Following approval by the City of Carlsbad, such Owner shall record a supplement to the Declaration against the affected Lots reflecting said re-allocation of ADTs. 3. Monument Signs. As of the date of this Amendment, three (3) monument signs exist along El Camino Real which serve the Project. Such monument signs are situated within the Zone 5 Landscape Easement area and are identified herein in a north to south directional order as "Sign 1", "Sign 2" and "Sign 3" respectively (sometimes collectively referred to as the "Signs" and individually as a "Sign"), as more particularly depicted as "A.1", "A.2" and "A.3" on Schedule 2 attached hereto and made a part hereof. Sign 1 is for the sole and exclusive benefit of Lots 1,2,3 and 5. Sign 3 shall include the El Camino Real street address for each of Lots 9,10, 11 and 12. If additional space remains on any of the Signs after the inclusion of all applicable street addresses, such additional space shall be available on a "first come, first served" basis for the name of the tenant(s) occupying the Lots referenced on such Sign. Notwithstanding the foregoing, the size, design and location of any such tenant names to be placed on a Sign must be approved in writing by (i) the City of Carlsbad, (ii) the Association and (iii) the Owner of each and every Lot referenced on the subject Sign. All costs and expenses related to placing the street address on Sign 3 shall be borne exclusively by the Owner of Lots 9,10,11 and 12. All costs and expenses related to placing a tenant name on any Sign shall be borne exclusively by the Owner of the Lot or portion thereof leased to such tenant. 4. Notices. All notices, requests, demands and other communications given or required to be given under this Amendment shall be in writing, duly addressed to the parties as follows: If to Declarant at: c/o Legacy Partners Commercial, Inc. 16745 W. Bernardo Drive, Suite 165 San Diego, California 92127 Attention: Mr. Gary Kate If to Levine at: c/o Levine Investments Limited Partnership 1702 East Highland, Suite 310 Phoenix, Arizona 85016 Attention: Mr. William S. Levine If to any other Owner, at its address for tax statements as shown in the public records. C:\WJNDOWS\TEMP\AmendmenttoDeclaration_RV3xIoc 02/22/01 6362 Any such notice sent by registered or certified mail, return receipt requested, shall be deemed to have been duly given and received at 5:00 p.m. (Pacific Time) two (2) business days after it is so addressed and mailed with postage prepaid. Any such notice sent by a recognized overnight courier service, shall be deemed to have been duly given and received at 5:00 p.m. (Pacific Time) one (1) business day after it is so addressed and sent with the cost for such overnight service prepaid. Notice sent by any other manner shall be effective only upon actual receipt thereof. Any party may change its address for purposes of this Amendment by giving notice to the other party as provided herein. 5. Miscellaneous Provisions. 5.1 This Amendment, executed as of the date hereof, shall take effect only upon, from and after its recordation in the Office of the County Recorder of San Diego County, California. 5.2 Except as expressly modified herein, the Declaration shall remain in full force and effect and unmodified. 5.3 This Amendment is made in the State of California and its validity, construction and all rights hereunder shall be construed in accordance with, and governed by, California law. : ;: r: IN WITNESS WHEREOF, Declarant has executed this Amendment as of the day and : year first hereinabove written. DECLARANT: W9/LNP Real Estate Limited Partnership, a Delaware limited partnership By: W9/LNP Gen-Par, Inc General Partner y: Name: Title: C:\WINDOWSVTEMP\Amendment to Dechration_RV3.doc 02/22/01 6363 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Name and Title of Officer (e.^., "Jane Doe, Notary PubliO personally appeared rAUi J. SHARYL R. CARPENTER Commission #1151686 Notary Public - California | San Mateo County f My Comm. Expires Sep 1Z 2001 f•st^sf^at^ta^ Name(s) of Signers) rS personally known to me D proved to me on the basis of satisfactory evidence to be the personft) whose name($) is/al£ subscribed to the within instrument and acknowledged to me that he/sfcfe/thyy executed the same in his/rter/thi^Ir authorized capacity(l^), and that by his/h£r/th#r signature^.) on the instrument the person^), or the entity upon behalf of which the personfj$0 acted, executed the instrument. WITNESS my hand and official seal.A A * \ -k Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date:. Number of Pages:. Signers) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: D Individual D Corporate Officer — Title(s): D Partner—O Limited O General D Attorney in Fact D Trustee D Guardian or Conservator D Other: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:. se*i<ss2<«i'3s<s«^^ e 1999 National NotaiyAss«i»tici)« 935009 Solo Aw.. RO. Box 2402.Chat$woHli.CA91313-2«)2«www.nalii3f«lnotaiy.O(g Prod. No. 5907 Reon)w:Ca»Ti»Fn«f-60(Ve7&6827 6221 EL CAMINO REAL EnhSng 74,4ZS »A8Wg. UIB Schedule 1 ADT Schedule Bldg# 1 2 3 4 5 6 7 8 Use Office (Single) R&D Office (Single) Manufacturing Warehouse R&D Office (Single) R&D Office (Single) R&D Office (Single) R&D Shell Office (Multiple) R& D Warehouse Office (Multiple) R&D Warehouse Shell Office (Multiple) R&D Warehouse Approved Area ADT 60,000 20,000 10,000 30,000; 20,000 40,000 20,000 40,000 20,000 40,000 5,600 24,200 42,625 5,600 20,000 40,730 5,600 20,000 40,730 600 200 50 240 200 320 200 320 200 320 .-*-.-'i>-*-- *:••! .'>;:-••"•- . :, 112 193 213 112 160 203 112 160 203 Permits Issued Area ADT 54,020 3,230 31,712 12,165 6,830 6,543 50,707 6,543 72,425 10,030 56,300 66,330 540 26 317 49 34 52 507 52 362 201 282 332 Projected Balance Area ADT 20,000 40,000 20,000 40,000 5,600 24,200 42,625 5,600 24,200 42,625 200 320 200 320 (CR-112) (CR-193) 156 (CR-57) (CR-112) (CR-193) 143 (CR-60) Schedule 1, Page 1 9 10 11 12 Total: Office (Single) R&D Warehouse Office (Single) R&D Warehouse Office (Single) R&D Warehouse Office (Single) R&D Warehouse 2,500 18,310 10,390 2,500 18,310 10,390 2,500 18,310 10,390 3,000 17,594 10,281 25 ,:,.:.: 146 52 25 146 52 25 146 52 30 140 52 : 5010 (5036) 2754 2,500 18,310 10,390 2,500 18,310 10,390 2,500 18,310 10,390 3,000 17,594 10,281 25 146 52 25 146 52 25 146 52 30 140 52 2231 CO CO CO CO Schedule 1, Page 2