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^'
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"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:
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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.
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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.
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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
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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%
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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
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"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
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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:
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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%
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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
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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,
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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
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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.
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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.
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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
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BUEM SMTAJ10N DISTRICT
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M1VRE OF &S8XM
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TO XfWiN
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UNES(TYP)
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PM
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SCALE; 1" « 100'
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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
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92
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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
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AS SHCm OH fWKB. UUP HO. 1110.
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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
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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-
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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