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CT 99-03; Villages of La Costa Greens; Tentative Map (CT) (9)
HMP RELATED DOCUMENTS CT 99-03 VILLAGES OF LA COSTA GREENS August 1, 2002 Don Neu City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Henthorn & Associa£s 5365 Avenida Encinas, Suite A Carlsbad, California 92008 (760) 438-4090 Fax (760) 438-0981 Subject: IOD and Conservation Easement for the La Costa Greens Dear Mr. Neu: Enclosed please find the Irrevocable Offer to Convey Real Property - La Costa Greens (IOD), the Conservation Easement Deed - La Costa Greens and the cover letter to the California Department of Fish and Game. The letter identifies compliance with the provisions of the Implementation Agreement Regarding City of Carlsbad/Fieldstone/La Costa Associates, Habitat Conservation Plan/Ongoing Multi-Species Plan for Properties in the Southeast Quadrant of the City of Carlsbad, dated June 1995. With the delivery of these documents, the requirements for Condition #53 of Resolution No.5016 along with Mitigation Monitoring and Reporting Program, Measures #4.4-lA, 4.4-2, 4.4-3, 4-4-6, 4.4^/ and 4.4-9 have been satisfied. If you have further requirements Or if yoiou have any questions, please don't hesitate to call me at (760) 438-4090 ext 104 or e-mail me at bennett(5)jhenthorn.com. Sincerely, Bry^j/D. Bennett Associate Planner encl. Cover Letter to CDF&G Conservation Easement Deed - La Costa Greens IOD - La Costa Greens cc: Tim O'Grady - Morrow Development file Document 1 -1- DEVELOPMENT 1903 Wright Place, Suite 180 Carlsbad, CA 92008 . " , phone: 760 929-2701 HAND DELIVERED . fax:760929-2705 April 22,2002 Mr. David Lawhead California Department of fish and Game South Coast Region 4949 Viewridge Avenue San Diego, CA 92123 Dear Sirs: In accordance with the provisions of the Implementation Agreement Regarding City of Carlsbad/Fieldstone/La Costa Associates, Habitat Conservation Plan/Ongoing Multi- Species Plan for Properties in the Southeast Quadrant of the City of Carlsbad, California, dated June 1995, (the "HCP") we are delivering the executed originals of the Irrevocable Offer to Convey Real Property and a copy of a Conservation Easement Deed. These two documents pertain to the HCP Conserved Habitat area found on our La Costa Greens Property, also referred to in the HCP as the Northeast Property. We are not currently undertaking any modifications to the Greens/Northeast habitat and therefore will, through contract with either Center for Natural Lands Management or Helix Environmental, maintain the property in accordance with Section V. B. of the HCP. Actual conveyance is scheduled to occur later this year with recordation of our final map for the Greens, in accordance with the previously approved long-term management contract. If you have any questions, please contact me at your convenience. Sincerely^ Fred Arbuckle President Morrow Development, Agent for Real Estate Collateral Management Cc Mr. Don Rideout -Mr. Don Neu City of Carlsbad 1635 Faraday Ave. Carlsbad, CA 92008 Mr. John Martin US Fish and Wildlife Service 2730 Loker Avenue West Carlsbad, CA 92008 Ron Rouse TimO'Grady David Watts RECORDING REQUESTED BY: ) Department of Fish and Game ) 1416 Ninth Street, 12th Floor ) Sacramento, CA 95814 ) ) MAIL TO: ) Department of Fish and Game ) 1416 Ninth Street, 12th Floor ) Sacramento, Ca 95814 ) Space Above Line for Recorder's Use Only No DOCUMENTARY TRANSFER TAX DUE California Revenue & Taxation Code § 1 1922 Presented for Acceptance by California Department of Fish and Game CONSERVATION EASEMENT DEED (La Costa Greens) THIS CONSERVATION EASEMENT DEED (the "Deed") is made this day of , 20 by REAL ESTATE COLLATERAL MANAGEMENT COMPANY, a Delaware corporation ("Grantor"), in favor of THE STATE OF CALIFORNIA ("Grantee"), acting by and through its Department of Fish and Game, a subdivision of the California Resources Agency, ("DFG") with reference to the following facts: RECITALS A. Grantor is the sole owner in fee simple of certain real property in the City of Carlsbad, County of San Diego, State of California, consisting of Parcels A through M, inclusive as more particularly described in Exhibit "A" and shown on Exhibit "B", attached hereto and incorporated by this reference (the "Conserved Habitat Lands"); and B. The Conserved Habitat Lands possesses wildlife and native habitat values (collectively, "Conservation Values") of great importance to Grantor and the people of the State of California; and C. The Conserved Habitat Lands includes coastal sage scrub and other natural habitats suitable to the California gnatcatcher, (Polioptila califomica californica) and other sensitive species; and D. The Department of Fish and Game has jurisdiction, pursuant to the Fish and Game Code Section 1802, over the conservation, protection, and management offish, wildlife, native plants and the habitat necessary for biologically sustainable populations of those species, and the Department of Fish and Game is authorized to hold easements for these purposes pursuant to HCP/Conservation Easement Deed 27817-2/1736985.1 (Word) 1 Civil Code Section 815.3, Fish and Game Code Section 1348, and other provisions of California law; E. The United States Fish and Wildlife Service (USFWS) has jurisdiction over the conservation, protection, restoration, enhancement and management of fish, wildlife and native plants and the habitats on which they depend under the Endangered Species Act, 16 U.S.C. section 1531 et seq. (ESA), the Fish and Wildlife Coordination Act, 16 U.S.C. section 661-666c and other applicable Federal laws; and F. The Conserved Habitat Lands were designated for habitat conservation purposes pursuant to that certain "Implementation Agreement Regarding the City of Carlsbad/Fieldstone/La Costa Associates Habitat Conservation Plan/On-Going Multi-Species Plan dated June 7, 1995" (the "Implementation Agreement") by Grantor's predecessor in title, the Fieldstone Company, in connection with the development of the Villages of La Costa Project in the city of Carlsbad, California (the "Project") and Grantor desires to assure Grantee and the USFWS that Grantor, and its successors, will hold the Conserved Habitat Lands conveyed hereby for the conservation purposes as required in the Implementation Agreement in accordance with and subject to the terms and conditions of this Deed; and G. Grantor intends to convey to Grantee, pursuant to this Deed, the right to preserve and protect the conservation values of the Conserved Habitat Lands in perpetuity; and H. Grantee agrees by accepting this grant to honor the intentions of Grantor stated herein and to preserve and to protect in perpetuity the Conservation Values of the Conserved Habitat Lands in accordance with the terms of this Deed for the benefit of this generation and the generations to come. COVENANTS. TERMS. CONDITIONS AND RESTRICTIONS In consideration of the above recitals and the mutual covenants, terms, conditions, and restrictions contained herein, and pursuant to California law, including Civil Code Section 815, et seq., Grantor hereby grants and conveys to Grantee a conservation easement in perpetuity over the Conserved Habitat Lands of the nature and character and to the extent hereinafter set forth ("Conservation Easement"). 1. Purpose. The purpose of this Conservation Easement is to assure the Conserved Habitat Lands will be preserved in a natural condition in perpetuity and to prevent any use of the Conserved Habitat Lands that will materially impair or interfere with the conservation values of the Conserved Habitat Lands. Grantor intends that this Conservation Easement will confine the use of the Conserved Habitat Lands to such activities, including without limitation, those involving the preservation and enhancement of native species and their habitat in a manner consistent with the habitat conservation purposes of this Conservation Easement. 2. Rights of Grantee. To accomplish the purposes of this Conservation Easement, Grantor hereby grants and conveys the following rights to Grantee, and USFWS as a third party beneficiary of this Conservation Easement, by this Deed: HCP/Conservation Easement Deed 27817-2/1736985.1 (Word) (a) To preserve and protect in perpetuity the Conservation Values of the Conserved Habitat Lands in accordance with this Conservation Easement and the Implementation Agreement; (b) To enter upon the Conserved Habitat Lands at reasonable times in order to monitor Grantor's compliance with and to otherwise enforce the terms of this Conservation Easement. In addition, Grantee, the USFWS or their designees may enter the Conserved Habitat Lands for research and interpretive purposes, subject to Grantor's approval, which approval shall not be withheld unreasonably; (c) To prevent any activity on or use of the Conserved Habitat Lands that is inconsistent with the purposes of this Conservation Easement and to require the restoration of such areas or features of the Conserved Habitat Lands that may be damaged by any act, failure to act, or any use by Grantor that is inconsistent with the purposes of this Conservation Easement; (d) All mineral, air and water rights necessary to protect and to sustain the biological resources of the Conserved Habitat Lands; (e) All present and future development rights, except that Grantor retains such rights as are necessary to conduct activities for the Project development as provided for in the Implementation Agreement and this Deed; and (f) To enforce by means including, without limitation, injunctive relief, the terms and conditions of this Conservation Easement. 3. Prohibited Uses. Any activity on or use of the Conserved Habitat Lands inconsistent with the habitat conservation purposes of this Conservation Easement and not specifically reserved as a right of Grantor is prohibited. Without limiting the generality of the foregoing, the following uses by Grantor and Grantor's agents are expressly prohibited unless specifically provided for in this Deed, the Implementation Agreement or any approved management plan(s) for the Conserved Habitat Lands; (a) Unseasonal watering, use of herbicides, rodenticides, or weed abatement activities, incompatible fire protection activities and any and all other uses which may adversely affect the purposes of this Conservation Easement; (b) Use of off-road vehicles except in the execution of management duties; (c) Grazing or surface entry for exploration or extraction of minerals; (d) Erecting of any building, billboard, sign excepting signs designating the boundaries and purpose of the Conserved Habitat Lands; (e) Depositing of soil, trash, ashes, garbage, waste, bio-solids or any other material; HCP/Conservation Easement Deed 27817-2/1736985.1 (Word) (f) Excavating, dredging or removing of loam, gravel, soil, rock, sand or other material; (g) Otherwise altering the general topography of the Conserved Habitat Lands, including building of roads; (h) Removing, destroying, or cutting of trees, shrubs or other vegetation, except as required by federal, state or local law or by governmental order for (1) fire breaks, (2) maintenance of existing foot trails or roads, (3) prevention or treatment of disease or (4) for the implementation of the approved management plan. 4. Grantor's Duties. Grantor shall undertake all reasonable actions to prevent the unlawful entry and trespass by persons whose activities may degrade or harm the conservation values of the Conserved Habitat Lands. 5. Reservations and Exceptions. Notwithstanding any other provisions of this Deed, Grantor has reserved and there is excepted from the grant, transfer, assignment and conveyance of the Conservation Easement hereunder the right of Grantor, or its successors and assigns, agents or contractors, and public agencies, the right of access and easements for the purpose of planning, constructing, grading, operating, maintaining, replacing or reconstructing public or private sewer, water, utility, basins, drainage and all other public and private utilities over, under or across the Conserved Habitat Lands necessary or required for the orderly development of Grantor's "Project and Plan Activities" described in Section IV.G. of the Implementation Agreement provided any disturbed habitat is reasonably restored or mitigated, and are not otherwise inconsistent with the purpose of this Conservation Easement and the Implementation Agreement. Said reserved activities and rights shall include, but are not limited to the following: A. PARCEL A: Construct and maintain local trail on or adjacent to the existing alignment of Vallecitos and Carlsbad sewer easements. Remove or underground existing overhead electric, telephone and cable facilities. B. PARCEL C: Riparian mitigation, enhancement, maintenance and monitoring pursuant to the Clean Water Act 404/401 Permits and State 1603 Agreement. Remove or relocate existing overhead electric, telephone and cable facilities. C. PARCEL M: Local trail construction and maintenance; habitat revegetation. D. PARCEL K: Local trail construction and maintenance. E. PARCEL J: Local trail construction and maintenance. F. PARCEL I: Construction, operation, maintenance and all weather access road over existing dirt road in order to maintain public drainage basins on Lots 18,41 and 44 Further reserving and excepting from this Deed, the reversion of fee title to Grantor on the occurrence of the condition subsequent that (i) the Conserved Habitat Lands is used for any HCP/Conservation Easement Deed 27817-2/1736985.1 (Word) 4 purpose other than wildlife conservation purposes as provided in Section V.A.I, of the Implementation Agreement or (ii) the Implementation Agreement and associated HCP/OMSP is judicially invalidated, but in such event, excluding from such reversion of fee title to any Conserved Habitat Lands, an area equitably proportionate to the extent of any permanent habitat "take" under the Implementation Agreement and HCP/OMSP. 6. Grantee's Remedies. USFWS as a third party beneficiary of this Conservation Easement shall have the same rights and remedies as Grantee under this section. If Grantee determines that Grantor is in violation of the terms of this Conservation Easement or that a violation is threatened, Grantee shall give written notice to Grantor of such violation and demand in writing the cure of such violation. Grantor shall not be deemed in default until such written notice is given. If Grantor fails to cure the violation within fifteen (15) days after receipt of said written notice and demand from Grantee, or said cure reasonably requires more than fifteen (15) days to complete and Grantor fails to begin the cure within the fifteen (15) day period or fails to continue diligently to complete the cure, and if Grantor fails to notify Grantee within fifteen (15) days after receipt of Grantee's written notice of violation that Grantor disputes Grantee's determination of violation (hereinafter, Grantor's "notice of dispute"), Grantee may bring an action at law or in equity in a court of competent jurisdiction to enforce compliance by Grantor with the terms of this Conservation Easement, to recover any damages to which Grantee may be entitled for violation by Grantor of the terms of this Conservation Easement, to enjoin the violation, ex parte as necessary, by temporary or permanent injunction without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies, or for other equitable relief, including, but not limited to, the restoration of the Conserved Habitat Lands to the condition in which it existed prior to any such violation or injury. Grantee may apply any damages recovered to the cost of undertaking any corrective action on the Conserved Habitat Lands. 6.1. Insurance. The Grantor will maintain an insurance policy in a form reasonably approved by the Legal Advisor to Grantee with a minimum of $2 million of coverage per incident. If a court of competent jurisdiction determines that the Grantor has violated any term of this Conservation Easement, Grantor and Grantee agree that: (a) liability for damages is limited to acts or omissions covered by that policy and only to the dollar limits of that policy; (b) funds from the endowment which was created to manage the Conserved Habitat Lands cannot be used to pay damages awarded as part of the judgment; (c) funds from the endowment which was created to manage the Conserved Habitat Lands cannot be used to restore the Conserved Habitat Lands to the condition in which it existed prior to the violation; and (d) at its discretion, Grantee may agree to accept fee title to the Conserved Habitat Lands and management responsibility of the Conserved Habitat Lands. If this occurs, Grantee will receive any funds which remain in the endowment and any other funds specified for the Conserved Habitat Lands. Grantee's acceptance of the Conserved Habitat Lands is subject to approval by the Department of General Services. HCP/Conservation Easement Deed 27817-2/1736985.1 (Word) 6.2. Cooperation. If Grantor provides Grantee with a notice of dispute, as provided herein, Grantee shall meet and confer with Grantor at a mutually agreeable place and time, not to exceed thirty (30) days from Grantee's receipt of the notice of dispute. Grantee shall consider all relevant information concerning the disputed violation provided by Grantor and shall determine whether a violation has in fact occurred and, if so, whether Grantee's notice of violation and demand for cure are appropriate in light of the violation. Grantee agrees to consider the following principles in making its determination: (a) Management activities shall be chosen for their long-term benefits to the Conserved Habitat Lands' conservation values rather than for short-term benefits; (b) Management activities that benefit habitat protection shall be chosen in favor of management activities designed to benefit individual species, except where State or Federally listed species are at issue; (c) Habitat maintenance is of primary importance in protecting the long-term conservation values of the Conserved Habitat Lands; (d) Management activities shall be chosen according to the following order of preference: (i) preventative actions shall be taken to avoid additional impact; (ii) natural restoration shall be used if appropriate, based on the magnitude of the impact, the impacts on listed or sensitive species, and the estimated time for recovery to occur; (iii) active restoration shall be required only where there are severe, long-term impacts to the Conserved Habitat Lands' Conservation Values, or where highly sensitive species are impacted; (e) If, and for so long as, Grantor is a non-profit entity organized for conservation purposes, Grantee shall consider the cost of management activities and the resources available to Grantor's successor. 6.3. Emergencies. If Grantee, hi its sole discretion, determines that circumstances require immediate action to prevent or mitigate significant damage to the Conservation Values of the Conserved Habitat Lands, Grantee may pursue its remedies under this paragraph without prior notice to Grantor or without waiting for the period provided for cure, or notice of dispute, to expire. Grantee's rights under this paragraph apply equally to actual or threatened violations of the terms of this Conservation Easement. Grantor agrees that Grantee's remedies at law for any violation of the terms of this Conservation Easement are inadequate and that Grantee shall be entitled to the injunctive relief describe in this section, both prohibitive and mandatory, in addition to such other relief to which Grantee may be entitled, including specific performance of the terms of this Conservation Easement, without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies. Grantee's remedies described in this section shall be cumulative and shall be in addition to all HCP/Conservation Easement Deed 27817-2/1736985.1 (Word) 6 remedies now or hereafter existing at law or in equity, including but not limited to, the remedies set forth in Civil Code Section 815, et seq., inclusive. If a court of competent jurisdiction determines that the Grantor has violated any term of this easement, Grantor and Grantee agree that: (a) liability for damages is limited to acts or omissions covered by the insurance policy identified in paragraph 6.1 and only to the dollar limits of that policy; (b) funds from the endowment which was created to manage the Conserved Habitat Lands cannot be used to pay damages awarded as part of the judgment; (c) funds from the endowment which was created to manage the Conserved Habitat Lands cannot be used to restore the Conserved Habitat Lands to the condition in which it existed prior to the violation; and (d) at its discretion, Grantee may agree to accept fee title to the Conserved Habitat Lands and management responsibility of the Conserved Habitat Lands. If this occurs, Grantee will receive any funds which remain in the endowment and any other funds specified for the Conserved Habitat Lands. Grantee's acceptance of the Conserved Habitat Lands is subject to approval by the Department of General Services. 6.4. Conflicting Notices. If Grantor receives inconsistent or conflicting notices of violation from Grantee and from the USFWS, acting in its capacity as a third party beneficiary, Grantor shall notify Grantee and USFWS within fifteen (15) days of such receipt of the inconsistency or conflict. Grantor shall not be deemed in default or be required to take any action until such time as Grantee and the USFWS provide a joint written notice of violation. Joint notices of violation shall be treated the same as individual notices of violation under this Section 6. Specified time limits concerning notices of violation, and notices of dispute, shall be calculated from the date Grantor receives a joint notice of violation. 7. Conveyance "As-Is". Notwithstanding anything to the contrary contained herein, it is understood between the parties that the easement rights conveyed by this Deed are expressly subject to all matters of record as of the date of this Deed and are conveyed in an "AS IS" condition, "with all faults" as of such date. 8. Access. This Conservation Easement does not convey a general right of access to the public. 9. Costs and Liabilities. Grantor retains all responsibilities and shall bear all costs and liabilities of any kind including transfer costs, costs of title and documentation review, and costs related to the ownership, operation, upkeep, and maintenance of the Conserved Habitat Lands. 9.1. Taxes. Grantor or subsequent transferees shall pay before delinquency all taxes, assessments, fees, and charges of whatever description levied on or assessed against the Conserved Habitat Lands by competent authority (collectively "taxes"), including any taxes HCP/Conservation Easement Deed 27817-2/1736985.1 (Word) imposed upon, or incurred as a result of, this Conservation Easement, and shall furnish Grantee and USFWS with satisfactory evidence of payment upon request. 9.2. Hold Harmless. Grantor shall hold harmless, indemnify, and defend Grantee and its, directors, officers, employees, agents, contractors, and representatives (collectively "Indemnified Parties") from and against all liabilities, penalties, costs, losses, damages, expenses, causes of action, claims, demands, or judgments, including without limitation, reasonable attorneys' fees, arising from or in any way connected with: injury to or the death of any person, or physical damages to any Conserved Habitat Lands, resulting from any act, omission, condition, or other matter related to or occurring on or about the Conserved Habitat Lands, regardless of cause, unless due to the negligence of any of the indemnified parties. 9.3. Condemnation. The purposes of the Conservation Easement are presumed to be the best and most necessary public use as defined at Code of Civil Procedure Section 1240.680 notwithstanding of Code of Civil Procedure Sections 1240.690 and 1240.700. 9.4. Acts Beyond Grantor's Control. Nothing contained in this Grant shall be construed to entitle Grantee or DFG to require Grantor to restore or remedy any injury to or change in the Conserved Habitat Lands resulting from causes beyond Grantor's control, including, without limitation, fire, flood, storm, and earth movement, or actions by third parties, or from any prudent action taken by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to the Conserved Habitat Lands resulting from such causes. 10. Assignment. This Conservation Easement is transferable as provided in sections 10 and 11, but Grantee may assign its rights and obligations under this Conservation Easement only to an entity or organization authorized to acquire and hold conservation easements pursuant to Civil Code Section 815.3 and only with the prior written approval of USFWS. Grantee shall require the assignee to record the assignment in the county where the Conserved Habitat Lands is located. 11. Subsequent Transfers. The covenants, conditions, and restrictions contained in this Deed are intended to run with the land and to bind all future owners of any interest in the Conserved Habitat Lands. Grantor agrees to incorporate by reference the terms of this Conservation Easement in any deed or other legal instrument by which Grantor divests itself of any interest in all or a portion of the Conserved Habitat Lands, including, without limitation, a leasehold interest. Grantor agrees to give written notice to Grantee and the USFWS of the intent to transfer of any Interest at least forty-five (45) days prior to the date of such transfer. Any subsequent transferee shall be deemed to have assumed the obligations of this Conservation Easement and to have accepted the restrictions contained herein. The failure of Grantor or Grantee to perform any act provided in this section shall not impair the validity of this Conservation Easement or limit its enforceability in any way. Grantor shall not grant additional easements or other interests in the Conserved Habitat Lands without the prior written authorization of Grantee and USFWS, which consent shall not be unreasonably withheld. 12. Notices. All notices, demands, requests, consents, approvals, or communications from one party to another shall be personally, delivered or sent by facsimile to the persons set HCP/Conservation Easement Deed 27817-2/1736985.1 (Word) To Grantee: Also: forth below or shall be deemed given five (5) days after deposit in the United States mail, certified and postage prepaid, return receipt requested, and addressed as follows, or at such other address as any Party may from time to time specify to the other parties in writing: To Grantor: Real Estate Collateral Management Company c/o Mr. Fred Arbuckle, President Morrow Development, Inc. 1903 Wright Place, Suite 180 Carlsbad, CA 92008 FAX: (760)929-2705 Regional Manager Department of Fish and Game 330 Golden Shore, Suite 50 Long Beach, CA 90802 FAX: General Counsel Department of Fish and Game Legal Affairs Division 1416 Ninth Street, 12th Floor Sacramento, California 95814-2090 Field Supervisor United States Fish and Wildlife Service 2730 Loker Avenue Carlsbad, California 92008 Fax No. (760) 431-9440 The parties agree to accept facsimile signed documents and agree to rely upon such documents as if they bore original signatures. Each party agrees to provide to the other parties, within seventy-two (72) hours after transmission of a facsimile, documents which bear the original signatures. 13. Extinguishment. This Conservation Easement may not be extinguished or abandoned by Grantor and Grantee without the prior written consent of USFWS. If the USFWS consent is provided, this Conservation Easement may be extinguished or abandoned by Grantor and Grantee by mutual written agreement upon the request of either party only after the requesting party acquires and records a perpetual conservation easement hi the name of the State of California at an alternative location, which provides conservation values that satisfy the specific mitigation purposes of this Conservation Easement as stated in Paragraph F. 14. Amendment. This Conservation Easement may be amended by Grantor, Grantee and USFWS by mutual written agreement. Any such amendment shall be consistent with the purposes of this Conservation Easement and the Implementation Agreement, and, except as provided in Section 13, shall not affect its perpetual duration. Any such amendment shall be recorded in the official records of San Diego County, State of California. With a copy to: HCP/Conservation Easement Deed 27817-2/1736985.1 (Word) 15. Recordation. Grantee shall promptly record this instrument in the official records of San Diego County, California and immediately notify the Grantee and USFWS through the mailing of a conformed copy of the recorded easement. 16. Estoppel Certificates. Upon request by Grantor, DFG shall within fifteen (15) days execute and deliver to Grantor any document, including an estoppel certificate, which certifies Grantor's compliance with any obligation of Grantor contained in this Deed and otherwise evidences the status of this Grant as may be requested by Grantor. 17. General Provisions. (a) Controlling Law. The interpretation and performance of this Conservation Easement shall be governed by the laws of the State of California and applicable federal law. Any subsequent amendment or repeal of federal or state law or order which authorizes this Deed shall not affect the rights conveyed to the Grantee or its successors or assigns. (b) Liberal Construction. Any general rule of construction to the contrary notwithstanding, this Conservation Easement shall be liberally construed to effect the purpose of this Implementation Agreement, Conservation Easement, and the policy and purpose Civil Code Section 815, et seq. If any provision in this instrument is found to be ambiguous, an interpretation consistent with the purposes of this Conservation Easement that would render the provision valid shall be favored over any interpretation that would render it invalid. (c) Severability. If a court of competent jurisdiction voids or invalidates on its face any provision of this Deed, such action shall not affect the remainder of this Conservation Easement Deed. If a court of competent jurisdiction voids or invalidates the application of any provision of this Deed to a person or circumstance, such action shall not affect the application of the provision to other persons or circumstances. (d) Entire Agreement. This instrument sets forth the entire agreement of the parties with respect to the Conservation Easement and supersedes all prior discussions, negotiations, understandings, or agreements relating to the Conservation Easement all of which are merged herein. No alteration or variation of this instrument shall be valid or binding unless contained in an amendment in accordance with Section 14. This Deed is intended to implement the Implementation Agreement and is consistent therewith. (e) No Forfeiture. Nothing contained herein will result in a forfeiture or reversion of Grantor's title in any respect. (f) Successors. The covenants, terms, conditions, and restrictions of this Deed shall be binding upon, and inure to the benefit of, the parties hereto and their respective personal representatives, heirs, successors, and assigns and shall continue as a servitude running hi perpetuity with the Conserved Habitat Lands. The covenants hereunder benefitting Grantee shall also benefit USFWS. (g) Termination of Rights and Obligations. A party's rights and obligations under this Conservation Easement shall terminate only upon transfer of the party's HCP/Conservation Easement Deed 27817-2/1736985.1 (Word) 10 interest in the Conservation Easement or Conserved Habitat Lands (respectively), except that liability for acts or omissions occurring prior to transfer shall survive transfer. (h) Captions The captions in this instrument have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon construction or interpretation. (i) Counterparts. The parties may execute this instrument in two or more counterparts, which shall, in the aggregate, be signed by Grantor and Grantee; each counterpart shall be deemed an original instrument as against any party who has signed it. In the event of any disparity between the counterparts produced, the recorded counterpart shall be controlling. (j) Exhibits. All Exhibits referred to in this Deed are attached and incorporated herein by reference. (k) Federal or State Appropriations. The duty of USFWS and CDFG to carry out their respective obligations under this Easement shall be subject to the availability of appropriated funds. IN WITNESS WHEREOF, Grantor has caused this Conservation Easement Deed to be executed as of the day and year first above written. GRANTOR: REAL ESTATE COLLATERAL MANAGEMENT COMPANY, a Delaware corporation David Watts Its: Vice-President HCP/Conservation Easement Deed 27817-2/1736985.1 (Word) 11 CERTIFICATE OF ACCEPTANCE This is to Certify that the interest in real property conveyed by the Conservation Easement Deed by Real Estate Collateral Management Company, dated , 2002 to the State of California, Grantee, acting by and through its Department of Fish and Game (the "Department"), a governmental agency (under Government Code §27281), is hereby accepted by the undersigned officer on behalf of the Department, pursuant to authority conferred by resolution of the California Fish and Game Commission on GRANTEE: STATE OF CALIFORNIA, by and through, DEPARTMENT OF FISH AND GAME By: Title: Authorized Representative Date: Approved as to Form: ANN S. MALCOLM, Deputy General Counsel CALIFORNIA DEPARTMENT OF FISH AND GAME HCP/Conservation Easement Deed 27817-2/1736985.1 (Word) 12 THE STATE OF ^Ht_S»»S_ COUNTY OF On npr<-( _ , 2002, before me, I7/a** £. /Mos«*6 (name of Notary Public), a Notary Public in and for said State, duly commissioned and sworn, personally appeared X2y st'trfl . U/a ffS , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity(ies), and that by his signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument, IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. a , Notary Public in and for State of My commission expires: ^ OFFICIAL SEAL DIANA C MORENO (NOTARIAL SbAL) £ NOTARY PUBLIC, STATE OF ILLINOIS \ MY COMMISSION EXPIRES: 10/04/06 HCP/Conservation Easement Deed 27817-2/1736985.1 (Word) 13 EXHIBIT 'A' LEGAL DESCRIPTION PORTIONS OF PARCEL 3 OF PARCEL MAP NO. 1188, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 20, 1972 AS FILE NO. 340334 OF OFFICIAL RECORDS, TOGETHER WITH THAT PORTION DESIGNATED AS "NOT A PART OF THIS PARCEL MAP" NO. 1188. ALSO THAT PORTION OF THE SOUTH HALF OF SECTION 25 LYING NORTHERLY OF ALGA ROAD, EXCEPTING THEREOF THAT PORTION LYING NORTHERLY OF THE 200 FOOT WIDE SDG&E EASEMENT RECORDED JUNE 18, 1954 IN BOOK 5273, PAGE 432, O.R., IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED IN PARCELS 'A' THROUGH AM' AS FOLLOWS: PARCEL BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL 3; THENCE SOUTH 89°17'46" EAST, ALONG THE NORTHERLY LINE OF SAID PARCEL 3, 574.65 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTHERLY LINE SOUTH 89°17'46" EAST 740.84 FEET; THENCE LEAVING SAID NORTHERLY LINE SOUTH 02°29'56" WEST 11.77 FEET TO THE BEGINNING OF A TANGENT 856.88-FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE SOUTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 18°50'12", AN ARC DISTANCE OF 281.71 FEET; THENCE NON-TANGENT TO SAID CURVE SOUTH 15°51'20" EAST 238.57 FEET; THENCE SOUTH 08°39'57" WEST 112.67 FEET; THENCE SOUTH 16°36'14" EAST 136.62 FEET; THENCE SOUTH 26°07'52" EAST 111.21 FEET; THENCE SOUTH 04°13'44" WEST 193.26 FEET; THENCE SOUTH 11°01'07" WEST 149.37 FEET; THENCE SOUTH 01°52'28" EAST 104.79 FEET; THENCE SOUTH 45°57'35" WEST 246.23 FEET; THENCE SOUTH 30°38'55" WEST 87.41 FEET; THENCE NORTH 62°42'04" WEST 52.34 FEET; THENCE SOUTH 29°50'10" WEST 81.87 FEET TO THE BEGINNING OF A TANGENT 53-FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 148°41'28", AN ARC DISTANCE OF 137.54 FEET; THENCE TANGENT TO SAID CURVE NORTH 01°28'22" WEST, 64.65 FEET TO THE BEGINNING OF A TANGENT 38-FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 64°42f 47" , AN ARC DISTANCE OF 42.92 FEET; THENCE TANGENT TO SAID CURVE NORTH 66°11'09" WEST 62.29 FEET; THENCE SOUTH 52°39'05" WEST 94.72 FEET; THENCE NORTH 86°18'38" WEST 213.50 FEET; THENCE NORTH 44°52'39" WEST 121.00 FEET; THENCE SOUTH 48°33'50" WEST 128.00 FEET; THENCE SOUTH 19°02'15" EAST 268.83 FEET; THENCE SOUTH 26°44'51" WEST 107.85 FEET; THENCE NORTH 76°05'08" WEST 115.16 FEET; THENCE SOUTH 05°10'50" EAST 403.60 FEET; THENCE SOUTH 44°12'41" WEST 117.45 FEET; THENCE SOUTH 07°20'18" EAST 82.10 FEET; APRIL 18, 2002 EXHIBIT XA' J.N.: 971057 PAGE 1 OF 11 THENCE SOUTH 64°49'37" EAST 272.58 FEET; THENCE SOUTH 07°23'51" EAST 240.83 FEET; THENCE SOUTH 12°47'04" WEST 354.43 FEET; THENCE SOUTH 44°22'38" EAST 298.19 FEET; THENCE SOUTH 30°44'42" EAST 113.08 FEET; THENCE SOUTH 50°04'54" WEST 29.64 FEET; THENCE NORTH 89°31'46" WEST 83.70 FEET; THENCE NORTH 63°13'45" WEST 50.33 FEET; THENCE SOUTH 76°44'02" WEST 256.34 FEET; THENCE SOUTH 30°47'24" WEST 138.73 FEET; THENCE SOUTH 80°00'59" WEST 150.69 FEET; THENCE NORTH 62°16'04" WEST 32.93 FEET; THENCE SOUTH 77°03'02" WEST 93.38 FEET; THENCE SOUTH 03°30'50" WEST 26.90 FEET; THENCE SOUTH 67°12'50" .WEST 152.86 FEET; THENCE NORTH 73°57'28" WEST 39.89 FEET; THENCE SOUTH 71°38'31" WEST 120.06 FEET; THENCE SOUTH 52°09'39" WEST 157.62 FEET; THENCE SOUTH 21°24'35" WEST 183.91 FEET; THENCE SOUTH 56°49'41" WEST 214.38 FEET; THENCE SOUTH 10°36'04" WEST 91.39 FEET; THENCE SOUTH 46°16'39" WEST 441.01 FEET; THENCE SOUTH 24°49'14" WEST 172.62 FEET; THENCE SOUTH 55°22'33" WEST 83.26 FEET TO THE BEGINNING OF A NON-TANGENT 6905.31- FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY A RADIAL TO WHICH BEARS SOUTH 58°00'33" WEST; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF-2°18'59", AN ARC DISTANCE OF 279.17 FEET; THENCE NON-TANGENT TO SAID CURVE NORTH 00°32'23" EAST 1868.48 FEET; THENCE SOUTH 67°44'36" EAST 128.37 FEET; THENCE NORTH 88°25'06" EAST 226.92 FEET; THENCE NORTH 40°14'57" EAST 189.21 FEET; THENCE SOUTH 65°08'20" EAST 68.00 FEET; THENCE SOUTH 47°15'08" EAST 161.42 FEET; THENCE NORTH 76°10'09" EAST 85.12 FEET; THENCE NORTH 40°30'34" EAST 106.15 FEET; THENCE NORTH 09°29'49" EAST 73.14 FEET; THENCE NORTH 12°24'13" WEST 186.14 FEET; THENCE NORTH 04°47'42" WEST 263.74 FEET; THENCE NORTH 89°13'54" EAST 65.25 FEET; THENCE NORTH 29°32'27" EAST 134.15 FEET; THENCE NORTH 05°51'00" WEST 58.90 FEET; THENCE NORTH 60°23'54" WEST 133.56 FEET; THENCE NORTH 36°23'57" EAST 359.83 FEET; THENCE NORTH 50°20'38" EAST 145.52 FEET; THENCE NORTH 36°36'04" EAST 165.74 FEET; THENCE NORTH 20°48'37" EAST 138.41 FEET; THENCE NORTH 05°17'57" WEST 164.64 FEET; THENCE NORTH 05°15'20" EAST 160.56 FEET; THENCE NORTH 29°50'51" EAST 104.11 FEET; THENCE NORTH 69°15'40" EAST 184.61 FEET; THENCE SOUTH 78°04'26" EAST 113.82 FEET; THENCE SOUTH 43°31'02" EAST 66.47 FEET; THENCE SOUTH 84°21'31" EAST 90.83 FEET; THENCE NORTH 70°59'01" EAST 95.57 FEET; THENCE NORTH 22°48'59" EAST 99.54 FEET; THENCE NORTH 01°48'56" WEST 117.24 FEET; THENCE NORTH 16°38'51" WEST 343.89 FEET; THENCE NORTH 02°38'02" EAST 160.48 FEET TO THE TRUE POINT OF BEGINNING. AREA = 115.79 ACRES APRIL 18, 2002 EXHIBIT 'A' J.N.: 971057 PAGE 2 OF 11 PARCEL 'B' BEGINNING AT THE MOST EASTERLY NORTHEAST CORNER OF SAID PARCEL 3; THENCE NORTH 89°18'53" WEST, ALONG THE NORTHERLY LINE OF SAID PARCEL 3, 2180.00 FEET; THENCE LEAVING SAID NORTHERLY LINE NORTH 89°34'35" WEST 445.18 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 27°14'08" EAST, 60.09 FEET; THENCE SOUTH 56°24'22" EAST 83.91 FEET; THENCE SOUTH 16°13'59" EAST 69.70 FEET; THENCE SOUTH 38°07'28" WEST 147.32 FEET; THENCE SOUTH 01°53'05" EAST 135.60 FEET; THENCE SOUTH 14°35'00" WEST 175.78 FEET; THENCE SOUTH 46°27'07" WEST 79.09 FEET; THENCE SOUTH 00°01'03" WEST 165.03 FEET; THENCE SOUTH 30°42'21" EAST 228.86 FEET; THENCE SOUTH 64°43'57" EAST 198.83 FEET; THENCE NORTH 74°51'28" EAST 63.11 FEET; THENCE NORTH 23°31'48" EAST 244.44 FEET; THENCE NORTH 64°25'27" EAST 121.32 FEET; THENCE SOUTH 56°25'03" EAST 38,17 FEET; THENCE NORTH 86°04'30" EAST 216.75 FEET; THENCE NORTH 29°40'00" EAST 114.43 FEET; THENCE NORTH 55°13' 58" EAST 75.51 FEET; THENCE NORTH 34°18'43" EAST 194.55 FEET; THENCE SOUTH 44°01'53" EAST 76.39 FEET; THENCE SOUTH 08°23'43" WEST 87.86 FEET; THENCE SOUTH 87°38'09" WEST 91.50 FEET; THENCE SOUTH 46°12'31" WEST 136.10 FEET; THENCE SOUTH 06°27'30" EAST 40.64 FEET; THENCE SOUTH 39°42'26" WEST 60.00 FEET; THENCE SOUTH 28°05'37" WEST 106.50 FEET; THENCE NORTH 59°47'14" WEST 60.82 FEET; THENCE SOUTH 70°05'41" WEST 95.11 FEET; THENCE SOUTH 23°01'35" WEST 71.39 FEET; THENCE SOUTH 42°56'18" WEST 128.66 FEET; THENCE SOUTH 10°45'54" WEST 163.60 FEET; THENCE SOUTH 34°52'35" EAST 186.21 FEET; THENCE SOUTH 77°59'23" WEST 148.80 FEET; THENCE NORTH 86°53'31" WEST 105.77 FEET; THENCE SOUTH 71°47'04" WEST 98.46 FEET; THENCE NORTH 38°29'04" WEST 130.62 FEET; THENCE NORTH 57°38'48" WEST 88.07 FEET; THENCE NORTH 07°43'39" WEST 75.70 FEET; THENCE NORTH 60°57'51" WEST 55.47 FEET; THENCE SOUTH 71°33'25" WEST 65.38 FEET; THENCE NORTH 60°50'03" WEST 117.88 FEET; THENCE NORTH 26°41'48" WEST 180.33 FEET; THENCE NORTH 09°37'26" WEST 161.16 FEET; THENCE NORTH 09°39'32" EAST 116.13 FEET; THENCE NORTH 03°24'04" WEST 233.53 FEET; THENCE NORTH 07°59'51" EAST 82.77 FEET; THENCE NORTH 16°14'23" EAST, 121.59 FEET; THENCE NORTH 28°35'49" EAST 117.28 FEET; THENCE NORTH 49°58'41" EAST 62.97 FEET; THENCE NORTH 38°27'10" EAST 195.63 FEET TO THE TRUE POINT OF BEGINNING. AREA = 11.98 ACRES PARCEL BEGINNING AT THE MOST EASTERLY NORTHEAST CORNER OF SAID PARCEL 3; THENCE SOUTH 00°40'31" WEST, ALONG THE EASTERLY LINE OF SAID PARCEL 3, 796.58 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG APRIL 18, 2002 EXHIBIT 'A' J.N.: 971057 PAGE 3 OF 11 SAID EASTERLY LINE SOUTH 00°40' 31" WEST 168.49 FEET; THENCE CONTINUING ALONG SAID EASTERLY LINE SOUTH 00°42'03" WEST 1197.24 FEET; THENCE LEAVING SAID EASTERLY LINE NORTH 35°49'08" WEST 82.80 FEET; THENCE NORTH 88°13'54" WEST 158.74 FEET; THENCE NORTH 36°34'37" WEST 58.94 FEET; THENCE NORTH 79°54'26" WEST 195.94 FEET; THENCE SOUTH 89°05'22" WEST 132.00 FEET; THENCE SOUTH 72°22'23" WEST 87.70 FEET; THENCE NORTH 65°10'29" WEST 83.03 FEET; THENCE NORTH 37°05'28" EAST 144.60 FEET; THENCE NORTH 18°51'33" WEST 124.20 FEET; THENCE NORTH 32°08'14" WEST 124.93 FEET; THENCE NORTH 77°28'43" WEST 113.39 FEET; THENCE NORTH 39°29'02" WEST 76.75 FEET; THENCE SOUTH 84°01'29" WEST 81.40 FEET; THENCE SOUTH 21°42'51" WEST 67.59 FEET; THENCE SOUTH 36°48'04" WEST 105.76 FEET; THENCE SOUTH 81°20'03" WEST 72.49 FEET; THENCE SOUTH 06°13'57" WEST 76.79 FEET; THENCE SOUTH 36°31'23" EAST 142.02 FEET; THENCE SOUTH 30°20'05" WEST 14.44 FEET; THENCE NORTH 87°46'42" WEST 169.50 FEET; THENCE SOUTH 59°27'17" WEST 35.83 FEET; THENCE SOUTH 89°22'18" WEST 145.81 FEET; THENCE NORTH 63°18'08" WEST 58.52 FEET; THENCE SOUTH 83°33'32" WEST 85.82 FEET; THENCE SOUTH 49°49'04" WEST 113.37 FEET; THENCE NORTH 88°34'37" WEST 184.62 FEET; THENCE NORTH 74°19'26" WEST 36.23 FEET; THENCE NORTH 50°19'22" WEST 182.07 FEET; THENCE NORTH 38°07'46" EAST 26.96 FEET; THENCE NORTH 51°51'47" WEST 233.37 FEET; THENCE NORTH 39°27'27" WEST 93.50 FEET; THENCE NORTH 17°39'48" EAST 19.93 FEET; THENCE NORTH 76°09'45" EAST 719.41 FEET; THENCE NORTH 67°35'17" EAST 560.68 FEET; THENCE NORTH 66°20'43" EAST 1121.08 FEET TO THE TRUE POINT OF BEGINNING. AREA = 33.25 ACRES PARCEL 'D' BEGINNING AT THE SOUTHEASTERLY CORNER OF PARCEL 'A' OF PARCEL MAP NO. 13427, SAID POINT LYING ON THE NORTHERLY RIGHT-OF-WAY OF ALGA ROAD; THENCE NORTHERLY ALONG THE EASTERLY LINE OF SAID PARCEL XA' NORTH 02°23'44" WEST 4.28 FEET; THENCE NORTH 03°23'30" WEST 112.77 FEET; THENCE NORTH 12°54'59" EAST 200.00 FEET; THENCE NORTH 11°23'47" EAST 1087.49 FEET TO THE TRUE POINT OF BEGINNING, THE BEGINNING OF A TANGENT 433-FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE CONTINUING ALONG THE EASTERLY LINE OF SAID PARCEL W , NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 18°50'28", AN ARC DISTANCE OF 142.39 FEET; THENCE TANGENT TO SAID CURVE NORTH 30°14'15" EAST 286.65 FEET TO THE BEGINNING OF A TANGENT 767-FOOT RADIUS CURVE, CONCAVE WESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 46°53'48" AN ARC DISTANCE OF 627.79 FEET; THENCE TANGENT TO SAID CURVE NORTH 16°39'33" WEST 492.40 FEET TO THE BEGINNING OF A TANGENT 1433-FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE APRIL 18, 2002 EXHIBIT W J.N.: 971057 PAGE 4 OF 11 NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 28°20'35" AN ARC DISTANCE OF 708.88 FEET; THENCE TANGENT TO SAID CURVE NORTH 11°41'02" EAST 230.97 FEET TO THE BEGINNING OF A TANGENT 433-FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 26°40'17", AN ARC DISTANCE OF 201.56 FEET; THENCE TANGENT TO SAID CURVE NORTH 38°21' 19" EAST 179.90 FEET; THENCE LEAVING SAID EASTERLY LINE SOUTH 46°08'58" EAST 208.42 FEET; THENCE SOUTH 79°24'13" WEST 34.62 FEET; THENCE NORTH 83°55'19" WEST 149.66 FEET; THENCE SOUTH 67°58'52" WEST 58.43 FEET; THENCE SOUTH 21°11'49" WEST 93.91 FEET TO THE BEGINNING OF A TANGENT 103-FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 56°24'13", AN ARC DISTANCE OF 101.40 FEET TO THE BEGINNING OF A REVERSE 110-FOOT RADIUS CURVE, CONCAVE WESTERLY, A RADIAL TO WHICH BEARS NORTH 54°47'36" EAST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 29°20'40", AN ARC DISTANCE OF 56.34; THENCE TANGENT TO SAID CURVE SOUTH 05°51'44" EAST 110.53 FEET; THENCE SOUTH 14°00'14" EAST 64.16 FEET; THENCE SOUTH 22°36'40" EAST 168.86 FEET; THENCE SOUTH 02°27'49" EAST 190.77 FEET; THENCE SOUTH 22°14'36" EAST 151.66 FEET; THENCE SOUTH 47°37'03" EAST 75.43 FEET; THENCE SOUTH 84°51'27" EAST 65.31 FEET; THENCE NORTH 77°41'40" EAST 116.59 FEET; THENCE SOUTH 68°44'36" EAST 105.98 FEET; THENCE SOUTH 05°13'15" EAST 97.02 FEET; THENCE SOUTH 05°13'15" EAST 50.27 FEET; THENCE SOUTH 35°43'38" WEST 260.57 FEET; THENCE SOUTH 86°31'24" WEST 72.55 FEET; THENCE SOUTH 35°15'46" WEST 188.61 FEET; THENCE SOUTH 18°53'28" WEST 176.51 FEET; THENCE SOUTH 00°24'34" EAST 155.73 FEET; THENCE SOUTH 12°28'14" EAST 153.29 FEET; THENCE SOUTH 16°10'41" WEST 170.50 FEET; THENCE SOUTH 36°27'37" WEST 118.02 FEET; THENCE SOUTH 18°45'25" WEST 154.09 FEET; THENCE SOUTH 39°22'32" WEST 161.67 FEET; THENCE SOUTH 18°12'53" WEST 87.92; THENCE NORTH 80°07'56" WEST 100.97 FEET TO THE TRUE POINT OF BEGINNING. AREA = 13.40 ACRES PARCEL 'E' BEGINNING AT THE SOUTHEASTERLY CORNER OF PARCEL 'A' OF PARCEL MAP NO. 13427, SAID POINT LYING ON THE NORTHERLY RIGHT-OF-WAY OF ALGA ROAD, SAID POINT BEING ALSO THE TRUE POINT OF BEGINNING; THENCE NORTHERLY ALONG THE EASTERLY LINE OF SAID PARCEL W NORTH 02°23'45" WEST 4.28 FEET; THENCE NORTH 03°23'29" WEST 62.91 FEET; THENCE LEAVING SAID EASTERLY LINE NORTH 12°54'59" EAST 248.06 FEET; THENCE NORTH 11°23'47" EAST 577.31 FEET; THENCE NORTH 16°27'42" EAST 88.63 FEET; THENCE NORTH 12°28'06" EAST 391.16 FEET; THENCE NORTH 83°02'10" EAST 84.55 FEET; THENCE SOUTH 38°52'29" EAST 82.82 FEET; THENCE NORTH 80°57'15" EAST APRIL 18, 2002 EXHIBIT W J.N.: 971057 PAGE 5 OF 11 120.99 FEET; THENCE SOUTH 03°06'14" WEST 164.63 FEET; THENCE SOUTH 66°13'02" EAST 123.71 FEET; THENCE NORTH 72°34'18" EAST 152.76 FEET; THENCE SOUTH 78°44'04" EAST 94.17 FEET; THENCE NORTH 62°01'42" EAST 39.47 FEET; THENCE SOUTH 71°18'33" EAST 192.17 FEET; THENCE SOUTH 81°28'33" WEST 86.23 FEET; THENCE SOUTH 65°49'19" WEST 82.62 FEET; THENCE SOUTH 54°03'29" WEST 83.74 FEET; THENCE SOUTH 35°17'03" WEST 84.43 FEET; THENCE SOUTH 17°30'12" WEST 269.12 FEET; THENCE NORTH 82°23'02" WEST 225.30 FEET; THENCE SOUTH 24°39'28" WEST 189.94 FEET; THENCE SOUTH 07°07'27" WEST 212.44 FEET; THENCE SOUTH 16°38'56" EAST 227.23 FEET; THENCE SOUTH 42°48'02" EAST 94.87 FEET; THENCE NORTH 78°04'54" EAST 100.25 FEET; THENCE SOUTH 45°56'11" EAST 32.27 FEET; THENCE SOUTH 10°09'51" EAST 323.09 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF ALGA ROAD; THENCE WESTERLY ALONG SAID RIGHT-OF-WAY NORTH 50°45'54" WEST 109.47 FEET TO THE BEGINNING OF A TANGENT 1051- FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE WESTERLY ALONG SAID RIGHT-OF-WAY, ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 37°06'52", AN ARC DISTANCE OF 680.81 FEET TO THE TRUE POINT OF BEGINNING. AREA = 15.72 ACRES PARCEL BEGINNING AT THE SOUTHWEST CORNER OF PARCEL 'A' OF SAID PARCEL MAP NO. 13427, SAID POINT LYING ON THE NORTHERLY RIGHT-OF-WAY OF ALGA ROAD; THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID PARCEL AA' NORTH 05°10'15" EAST 408.81 FEET TO THE BEGINNING OF A TANGENT 1000-FOOT RADIUS CURVE, CONCAVE WESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 10°20'21", AN ARC DISTANCE OF 180.45 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 84°49'54" WEST 61.53 FEET; THENCE NORTH 24°36'57" WEST 90.00 FEET; THENCE NORTH 35°49'44" EAST 116.54 FEET TO POINT W , THE BEGINNING OF A NON-TANGENT 1000- FOOT RADIUS CURVE, CONCAVE WESTERLY, A RADIAL LINE TO WHICH BEARS NORTH 74°52'47" EAST, SAID POINT LYING ON THE WESTERLY LINE OF SAID PARCEL 'A' ; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 09°57'07", AN ARC DISTANCE OF 173.69 FEET TO THE TRUE POINT OF BEGINNING. AREA =0.24 ACRES PARCEL BEGINNING AT POINT "A' IN PARCEL 'F' ABOVE, A POINT ON A 1000-FOOT RADIUS CURVE, CONCAVE WESTERLY, A RADIAL TO WHICH BEARS NORTH 74°52'47" APRIL 18, 2002 EXHIBIT 'A' J.N.: 971057 PAGE 6 OF 11 EAST; THENCE NORTHERLY ALONG THE WESTERLY LINE OF PARCEL 'A' OF PARCEL MAP NO. 13427, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 00°58'32", AN ARC DISTANCE OF 17.03 FEET; THENCE NORTH 16°05'45" WEST 72.57 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID WESTERLY LINE NORTH 29°19'56" WEST 144.76 FEET; THENCE NORTH 04°56'42" WEST 346.96 FEET; THENCE NORTH 04°56' 42" WEST 38.10 FEET; THENCE NORTH 59°54'03" WEST 125.49 FEET; THENCE NORTH 39°31'16" EAST 96.40 FEET; THENCE SOUTH 63°31'01" EAST 50.28 FEET; THENCE SOUTH 21°08'29" EAST 172.15 FEET; THENCE SOUTH 62°02'04" EAST 54.55 FEET TO POINT ^B', A POINT ON THE WESTERLY LINE OF SAID PARCEL 'A' OF SAID PARCEL MAP NO. 13427; THENCE SOUTHERLY ALONG SAID WESTERLY LINE SOUTH 29°13'47" WEST 51.05 FEET TO THE BEGINNING OF A TANGENT 300-FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 45°19'32", AN ARC DISTANCE OF 237.32 FEET; THENCE TANGENT TO SAID CURVE SOUTH 16°05'45" EAST 171.05 FEET TO THE TRUE POINT OF BEGINNING. AREA = 0.70 ACRES PARCEL 'H' BEGINNING AT POINT AB' IN PARCEL AG' ABOVE; THENCE NORTHERLY ALONG THE WESTERLY LINE OF PARCEL 'A' OF PARCEL MAP NO. 13427 NORTH 29°13'47" EAST 9.61 FEET TO THE BEGINNING OF A TANGENT 800-FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 26°35'10", AN ARC DISTANCE OF 371.21 FEET; THENCE TANGENT TO SAID CURVE NORTH 02°38'37" EAST 131.14 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID WESTERLY LINE NORTH 87°21'14" WEST 24.09 FEET; THENCE NORTH 25°50'22" WEST 301.57 FEET; THENCE NORTH 09°01'57" WEST 149.59 FEET; THENCE NORTH 27°28'54" WEST 95.90 FEET; THENCE NORTH 05°13'29" WEST 230.01 FEET; THENCE NORTH 12°06'56" EAST 46.72 FEET; THENCE NORTH 75°13'03" EAST 180.43 FEET TO POINT 'C', A POINT ON A 450-FOOT RADIUS CURVE, CONCAVE WESTERLY, A RADIAL TO WHICH BEARS NORTH 67°55'08" EAST, SAID POINT LYING ON THE WESTERLY LINE OF SAID PARCEL 'A' OF SAID PARCEL MAP NO. 13427; THENCE SOUTHERLY ALONG SAID WESTERLY LINE, ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 28°55'11", AN ARC DISTANCE OF 227.13 FEET TO THE BEGINNING OF A REVERSE 600-FOOT RADIUS CURVE, CONCAVE EASTERLY, A RADIAL TO WHICH BEARS NORTH 83°09'41" WEST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 19°54'19", AN ARC DISTANCE OF 208.45 FEET; THENCE TANGENT TO SAID CURVE SOUTH 13°04'00" EAST 54.28 FEET TO THE BEGINNING OF A TANGENT 600-FOOT RADIUS CURVE, CONCAVE WESTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 15°42'37", AN APRIL 18, 2002 EXHIBIT XA' J.N.: 971057 PAGE 7 OF 11 ARC DISTANCE OF 164.52 FEET; THENCE TANGENT TO SAID CURVE SOUTH 02°38'37" WEST 180.27 FEET TO THE TRUE POINT OF BEGINNING. AREA =2.85 ACRES PARCEL X BEGINNING AT POINT 'C' IN PARCEL 'H' ABOVE, A POINT ON A 450-FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, A RADIAL TO WHICH BEARS NORTH 67°55'08" EAST, SAID POINT LYING ON THE WESTERLY LINE OF PARCEL W OF PARCEL MAP NO. 13427; THENCE NORTHWESTERLY ALONG SAID WESTERLY LINE, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 15°48'05", AN ARC DISTANCE OF 124.10 FEET; THENCE NORTH 37°52'57" WEST 221.05 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID WESTERLY LINE SOUTH 52°07'03" WEST 76.16 FEET; THENCE NORTH 39°05'42" WEST 153.71 FEET; THENCE NORTH 47°06'22" WEST 166.21 FEET TO A POINT OF THE WESTERLY LINE OF SAID PARCEL W OF SAID PARCEL MAP NO. 13427; THENCE SOUTHERLY ALONG SAID WESTERLY LINE SOUTH 74°16'51" EAST 47.21 FEET TO THE BEGINNING OF A TANGENT 400-FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 36°23'54", AN ARC DISTANCE OF 254.11 FEET; THENCE TANGENT TO SAID CURVE SOUTH 37°52'57" EAST 42.38 FEET TO THE TRUE POINT OF BEGINNING. AREA =0.41 ACRES PARCEL BEGINNING AT THE SOUTHEAST CORNER OF SAID PARCEL 3; THENCE NORTH 89°13'50" WEST, ALONG THE SOUTHERLY LINE OF SAID PARCEL 3, 305.45 FEET; THENCE SOUTH 60°39'42" EAST, ALONG THE NORTHERLY LINE OF SAID 200-FOOT SDG&E EASEMENT 48.61 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTHERLY LINE SOUTH 60°39'42" EAST 501.18 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF ALGA ROAD, SAID POINT LYING ON A NON-TANGENT 949-FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, A RADIAL TO WHICH BEARS SOUTH 42°44'41" EAST; THENCE SOUTHWESTERLY ALONG SAID NORTHERLY RIGHT-OF-WAY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE . OF 20°03'17", AN ARC DISTANCE OF 332.17 FEET; THENCE LEAVING SAID RIGHT-OF-WAY LINE NORTH 05°04'14" WEST 111.44 FEET; THENCE NORTH 46°04'17" WEST 118.42 FEET; THENCE NORTH 60°42'13" WEST 276.22 FEET; THENCE NORTH 36°22'02" EAST 141.19 FEET; THENCE SOUTH 79°11'50" EAST 95.14 FEET TO THE TRUE POINT OF BEGINNING. AREA =2.44 ACRES APRIL 18, 2002 EXHIBIT 'A' J.N.: 971057 PAGE 8 OF 11 PARCEL 'K' BEGINNING AT THE SOUTHEAST CORNER OF SAID PARCEL 3; THENCE NORTH 89°13'50" WEST, ALONG THE SOUTHERLY LINE OF PARCEL 3, 305.45 FEET; THENCE CONTINUING NORTH 89°13'50" WEST 107.70 FEET; THENCE NORTH 36°22'02" EAST 3.67 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 36°22'02" WEST 123.47 FEET; THENCE NORTH 60°42'13" WEST 171.27 FEET; THENCE NORTH 78°19'27" WEST 21.66 FEET; THENCE NORTH 63°36'06" WEST 237.98 FEET; THENCE NORTH 58°18'58" EAST 82.61 FEET; THENCE NORTH 49°19'22" EAST 29.52 FEET; THENCE NORTH 32°55'40" EAST 124.69 FEET; THENCE NORTH 35°19'55" EAST 81.66 FEET; THENCE NORTH 18°17'15" EAST 179.69 FEET; THENCE NORTH 03°28'13" EAST 97.49 FEET; THENCE NORTH 12°06'37" WEST 100.44 FEET TO THE BEGINNING OF A TANGENT 285-FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 26°09'12", AN ARC DISTANCE OF 130.09 FEET TO POINT *D'; THENCE NON-TANGENT TO SAID CURVE NORTH 54°15'07" EAST 100.82 FEET; THENCE SOUTH 06°23'13" EAST 26.53 FEET; THENCE SOUTH 12°57M5" EAST 70.93 FEET; THENCE SOUTH 38°00'41" EAST 158.78 FEET; THENCE SOUTH 43°43'33" EAST 145.78 FEET; THENCE SOUTH 01°57'47" WEST 81.54 FEET; THENCE SOUTH 24°25'14" WEST 229.94 FEET; THENCE SOUTH 49°57'19" WEST 152.67 FEET; THENCE SOUTH 03°25'18" EAST 86.62 FEET; THENCE SOUTH 39°02'59" EAST 54.34 FEET; THENCE SOUTH 79°11'50" EAST 141.54 FEET TO THE TRUE POINT OF BEGINNING. AREA = 3.97 ACRES PARCEL BEGINNING AT POINT 'D' IN PARCEL AK' ABOVE; SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE NORTH 38°15'49" WEST 116.73 FEET TO THE BEGINNING OF A TANGENT 550-FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 39°17'28" AN ARC DISTANCE OF 377.17 FEET; THENCE NON-TANGENT TO SAID CURVE NORTH 07°34'59" EAST 20.00 FEET; THENCE NORTH 25°15'42" EAST 110.81 FEET TO THE BEGINNING OF A TANGENT 440-FOOT RADIUS CURVE, CONCAVE WESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 29°01'48", AN ARC DISTANCE OF 222.93 FEET; THENCE TANGENT TO SAID CURVE NORTH 03°46'06" WEST 59.15 FEET; THENCE NORTH 13°20'13" EAST 20.00 FEET; THENCE NORTH 32°02'43" EAST 33.43 FEET TO THE BEGINNING OF A TANGENT 260-FOOT RADIUS CURVE, CONCAVE WESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 68°12'12", AN ARC DISTANCE OF 309.50 FEET; THENCE TANGENT TO SAID CURVE NORTH 36°09'29" WEST 118.67 FEET; THENCE NORTH 03°41'44" EAST 16.95 FEET; THENCE NORTH 70°49'45" EAST 198.64 FEET; THENCE NORTH APRIL 18, 2002 EXHIBIT 'A' J.N.: 971057 PAGE 9 OF 11 13°12'20" EAST 126.66 FEET; THENCE NORTH 59°12'11" EAST 85,31 FEET; THENCE SOUTH 33°17'12" WEST 63.78 FEET; THENCE SOUTH 14°21'05" EAST 85.60 FEET; THENCE SOUTH 69°33'47" EAST 95.52 FEET; THENCE SOUTH 20°18'29" EAST 62.46 FEET; THENCE SOUTH 62°46'29" EAST 84.76 FEET; THENCE NORTH 83°17'01" EAST 75.45 FEET; THENCE SOUTH 72°59'53" EAST 148.97 FEET; THENCE SOUTH 87°49'18" EAST 58.87 FEET; THENCE SOUTH 19°21'29" WEST 64.50 FEET; THENCE SOUTH 44°27'55" WEST 99.20 FEET; THENCE NORTH 82°02'28" WEST 183.13 FEET; THENCE NORTH 41°01'13" WEST 52.13 FEET; THENCE NORTH 80°33'17" WEST 45.42 FEET; THENCE SOUTH 63°00'56" WEST 43.31 FEET TO THE BEGINNING OF A TANGENT 125-FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 123°30'33", AN ARC DISTANCE OF 269.46 FEET; THENCE NON-TANGENT TO SAID CURVE SOUTH 32°58'35" WEST 43.77 FEET; TO THE BEGINNING OF A TANGENT 195-FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 52°18'44", AN ARC DISTANCE OF 178.04 FEET; THENCE NON-TANGENT TO SAID CURVE SOUTH 02°41'12" WEST 198.80 FEET; THENCE SOUTH 23°06'50" WEST 132.32 FEET TO THE BEGINNING OF A TANGENT 234-FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 37°19'50", AN ARC DISTANCE OF 152.46 FEET; THENCE TANGENT TO SAID CURVE SOUTH 14°13'00" EAST 118.04 FEET; THENCE SOUTH 11°32'12" WEST 69.76 FEET; THENCE SOUTH 54°15'07" WEST 100.82 FEET TO THE TRUE POINT OF BEGINNING. AREA =8.68 ACRES PARCEL BEGINNING AT THE SOUTHEAST CORNER OF SAID PARCEL 3; THENCE NORTH 00°42'52 EAST, ALONG THE EASTERLY LINE OF SAID PARCEL 3, 1328.80 FEET; THENCE CONTINUING ALONG SAID EASTERLY LINE NORTH 00°39'40" EAST 904.74 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID EASTERLY LINE NORTH 58°01'18" WEST 88.18 FEET; THENCE NORTH 74°29'33" WEST 124.07 FEET; THENCE NORTH 64°04'06" WEST 84.76 FEET; THENCE NORTH 34°48'28" EAST 48.03 FEET TO THE BEGINNING OF A TANGENT 58-FOOT RADIUS CURVE, CONCAVE WESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 91°22'58" AN ARC DISTANCE OF 92.51 FEET; THENCE NORTH 56°34'30" WEST 81.40 FEET; THENCE NORTH 76°18'42" WEST 60.43 FEET; THENCE NORTH 03°03'19" EAST 13.11 FEET TO THE BEGINNING OF A NON- TANGENT 70-FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, A RADIAL TO WHICH BEARS NORTH 67°31'04" EAST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 78°34'45" AN ARC DISTANCE OF 96.00 FEET; THENCE NON-TANGENT TO SAID CURVE NORTH 61°22'40" WEST 12.75 FEET; THENCE NORTH 49°53'57" EAST 84.32 FEET; THENCE NORTH 68°58'06" EAST APRIL 18, 2002 EXHIBIT W J.N.: 971057 PAGE 10 OF 11 227.42 FEET; THENCE NORTH 39°22'04" EAST 64.31 FEET; THENCE SOUTH 74°04'42" EAST 37.13 FEET; THENCE NORTH 77°21'54" EAST 130.56 FEET TO A POINT ON THE EASTERLY LINE OF SAID PARCEL 3; THENCE SOUTHERLY ALONG SAID EASTERLY LINE, SOUTH 00°42'03" WEST 138.19 FEET; THENCE SOUTH 00°39'40" WEST 424.03 FEET TO THE TRUE POINT OF BEGINNING. AREA = 3.37 ACRES W:\MSOFFICE\WINWORD\971057\Parcels A-M.lgl.doc APRIL 18, 2002 EXHIBIT W J.N.: 971057 PAGE 11 OF 11 5900 Pasteur Court Suite 100 Carlsbad. California 92008 760-931-7700 Fax: 760-931-8680 www.odayconsultants.com Civil EngineeringPlanning Processing Surveying EXHIBIT 'B' EASEMENT DEDICATION 213-030-11 215-021-07 215-030-06 215-030-14 215-031-08 215-031-13 215-052-15 215-061-01 215-061-09 215-480-02 215-480-03 SHT. 1 OF 18SHTS REQUESTED BY: MORROW DEVELOPMENT P.O. BOX 9000-685 CARLSBAD, CA 92008-9000 PREPARED BY: TIMOTHY 0. CARROLL. JR. LS. 7700 EXP. 12/31/04 APN SEE ABOVE* DATE 10-16-00 ©2002 ODoy Cmadtots, he.G'\JOBS\97105709\9602P01.DWG 4-19-2002 Ii44>38 pn EST DETAIL A NO SCALE EASEMENT TABLE EXHIBIT 'BJ ©2002 Ottay Qgjsafeats,EASEMENT DEDICATION A.P.N. 213-030-11 A.P.N. 215-021-07 A.P.N. 215-030-06 A.P.N. 215-030-14 A.P.N. 215-031-08 A.P.N. 215-031-13 A.P.N. 215-052-15 A.P.N. 215-061-01 A.P.N. 215-061-09 A.P.N. 215-480-02 A.P.N. 215-480-03 SHT. 2 OF 18 SHTS REQUESTED BY: MORROW DEVELOPMENT P.O. BOX 9000-685 CARLSBAD, CA 92008-9000 PREPARED BY: TIMOTHY 0. CARROLL JR. LS. 7700 EXP. 12/31/04 A.P.N.SEE ABOVE* DATE 10-16-00 G!\JDBS\97105709\9602POa.DWG 4-19-03 !E'47i57 pn EST 0 'PARCEL 'A' ©/ 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 DELTA/BEARING S 8977'46" E S a2?9'56* W A=18W12° S 15-51 '20" E S 08'39'57" W S 16'36'14" E S 26V7'52"E S 0413'44" W S 11W07" W S01'52'28" E S 45-57'35" W S 30'38'55" W N 62'42'04" W S 29'50'W" W A 1AK'A1 *yf}"U—l'rO'rl 2:0 // 01-28'22" W A=64'42'47" N 6611W W S 52'39'OS'' W N 8618'38° W N 44^2'J9a W S 48'33'50" W S 19V2'15" E S 26'44'51" W N 76W08" W S 0510'SO" E S 4412'41" W S 07"20'18" E S 64'49'37" E S 07"23'51" E RADIUS 856.88' 53.00' 38.00' LENGTH 740.84' 11.77' 281.71' 238.57' 112.67' 136.62' 111.21' 193.26' 149.37' 104.79' 246.23' 87.41' 52.34' 81.87' 137.54' 64.65' 42.92' 62.29' 94.72' 213.50' 121.00' 128.00' 268.83' 107.85' 115.16' 403.60' 117.45' 82.10' 272.58' 240.83' £ 'A' © 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 DELTA/BEARING S 12-47'04" W S 44'22'38" E S 30'44'42" E S 50V4'54" W N 89'31'46" W N 6313'45" W S 76'44'02" W S 30'47'24" W S 80W59" W N 6216'04" W S 77W02" W S 03'30'50" W S 6712'50" W N 73'57'28a W S 71'38'31" W S 52V9'39" W S 21'24'35" W S 56'49'41* W S W'36'04" W S 4616'39K W S 24'49'14S W S 55-22'33" W A=C218W" N 00'32'23'E S 67m44'36" E N 88-25WE N 4014'57" E S 65W20" E S 4715'08tt E N 7610'09" E RAD/US 6905.31' LENGTH 354.43' 298.19' 113.08' 29.64' 83.70' 50.33' 256.34' 138.73' 150.69' 32.93' 93.38' 26.90' 152.86' 39.89' 120.06' 157.62' 183.91' 214.38' 91.39' 441.01' 172.62' 83.26' 279.17' 1868.48' 128.37' 226.92' 189.21' 68.00' 161.42' 85.12' CONSULT T S 5900 Pasteur Court Suite 100 Carlsbad. Caifornia 92008 760-931 -7700 Fax: 760-931-6680 www.odayconsultont3.com Civil Engineering Planning Processing Surveying ''EXHIBIT 'B EASEMENT DEDICATION QF REQUESTED BY: MORROW DEVELOPMENT P.O. BOX 9000-685 CARLSBAD, CA 92008-9000 PREPARED BY: TIMOTHY 0. CARROLL JR. LS. 7700 EXP. 12/31/04 A.P.N. 10-16-00 G'\JOBS\97105709\9602P03.DVG vocrc. a«noD' DI AT^HATA 4-19-8002 12i53'58 pn PST "l ' .* A PARCEL *A* DATA ($) 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 DELTA/BEARING N 40'30'34" E N 0929'49' E N 12-24'13" W N 04'47>42" W N 8913'54"E N 29'32'27" E N os'sroo" w N 60"23'54" W N 36"23'57" E N 5020'J8" £ N 36'36'04" E N 20'48'37" E N 0517'57" W N 0515'20" E N 29-50'51'E N 6915'40" E 5 78V4'26" E S 43'31'02" E S 84"21 '31 * E N 70W01" E N 22'48'59" E N 01'48'56a W N 16'38'51" W N 02'38'02" E Qfe£»? CONSULT A4< T S 5900 Pasteur Court Civil Engineering Suite 100 Planning Carlsbad, California 92008 Processing 760-931-7700 Surveying Fax: 760-931-8680 www.odayconsultont3.com REQUEST MORROW Di P.O. BOX 9 CARLSBAD, ED B^ IVELOP {\C\C\ CUUu C CA f: MENT 85 92008-9000 RADIUS LENGTH 106.15' 73.14' 186.14' 263.74' 65.25' 134.15' 58.90' 133.56' 359.83' 145.52' 165.74' 138.41' 164.64' 160.56' 104.11' 184.61' 113.82' 66.47' 90.83' 95.57' 99.54' 117.24' 343.89' 160.48' EXH \ I NO. 7700 j I \ -^A EXP. 12/31/04 J-^j IBIT 'B' N--2L^X EASEMENT DEDICATION SRT 4 Qp ^ SRTS PREPARED BY: TIMOTHY 0. CARROLL, JR. A P M LS. 7700 EXP. 12/31/04 DATE 10-lb-OU Gi\JOBS\97105709\960aP04.DWG 4-19-2002 Iil2i55 pn PST PARCEL 'A' SEE SHEET 2 PARCEL 1 PM 1188 P.O.B. N 89*18'53" W 2180.00' 0 PARCEL 'C' SEE SHEET 7PARCEL 3 PM 1188 • CITY OF VISTA NOTE: SEE SHEET No. 18 FOR EASEMENT TABLE PACIFIC OCEAN CITY OFSAN MARCOS o' jgo' SCALE: 1" = 500' CITY OF ENCINITAS VICINITY MAP NO SCALE CONSULTANTS 5900 Posteur Court Suite 100 Carlsbad. California 92008 760-931-7700 Fox: 760-931-8680 wwvf.odoyconsultant3.com Civil Engineering Panning Processing Surveying EXHIBIT 'B' A.P.N. A.P.N. A.P.N. A.P.N. A.P.N. A.P.N. A.P.N. A.P.N. A.P.N. A.P.N. A.P.N. 213-030-11 215-021-07 215-030-06 215-030-14 215-031-08 215-031-13 215-052-15 215-061-01 215-061-09 215-480-02 215-480-03 EASEMENT DEDICATION SHT. 5 OF 18 SHTS REQUESTED BY: MORROW DEVELOPMENT P.O. BOX 9000-685 CARLSBAD, CA 92008-9000 PREPARED BY: TIMOTHY 0. CARROLL JR. L.S. 7700 EXP. 12/31/04 ARM SEE ABOVE* DATE 10-16-00 &\JOBS\97105709\960EP05.DWG 4-19-02 1>07.03 pn EST XREFS: 9602P; 9602HCP5; 9602AMAP * 1 ' *•PARCEL ©/ 2 3 4 5 6 7 8 9 W 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 'B' DA DELTA/BEARING S 2714'08"E S 56-24'22" E S1613'59" E S 38V7'28"W S 01'53'05" E S 14'35'00" S 46'27'07" S OOW'03" S 30'42'21" W W W E S 64'43'57" E N 74'51'28" E N 23'31'48"E N 64"25'27" E S 56?5'03" E N 86V4'30" E N 29'40'00" E N 5513'58" E N 3418'43" E S 44V1'53* E S 08-23'43" S 87'38'09" S 4612'31" W W W S 0627'JO* E S 39'42'26" S 28V5'37" o*b&? CONSUL' A>N T S 5900 Postaur Court Civil Engineering Suite 100 Planning Carlsbad. California 92008 Processing 760-931 -7700 Surveying Fox: 760-931-8680 www.odayconsultont3.com REQUESTED BY: MORROW DEVELOPMENT P.O. BOX "9000-595 CARLSPAD,CA 92008-9000 W W RADIUS TA LENGTH 60.09' 83.91' 69.70' 147.32' 135.60' 175.78' 79.09' 165.03' 228.86' 198.83' 63.11' 244.44' 121.32' 38.17' 216.75' 114.43' 75.51' 194.55' 76.39' 87.86' 91.50' 136.10' 40.64' 60.00' 106.50' • PARCEL fB* © 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 DELTA/BEARING N 59'47'14" W S 70W41" W S23V1'35" W S 42'56'18" W S W'45'54" W S 34'52'35" E S 77'59'23" W N 86'53'31" W S 71'47'04" W N 38-29'04" W N 57'38'48" W N 07'43'39" W N 60-57'51" W S 7r33'25" W N 60'50'03" W N 26'41'48" W N 09'37'26" W N 09'39'32" E N 03-24'04" W N 07'59'51" E N 1614'23" E N 28-35'49" E N 49'58'41" E N 38'27'W E DATA RADIUS LENGTH 60.82' 95.11' 71.39' 128.66' 163.60' 186.21' 148.80' 105.77' 98.46' 130.62' 88.07' 75.70' 55.47' 65.38' 117.88' 180.33' 161.16' 116.13' 233.53' 82.77' 121.59' 117.28' 62.97' 195.63' \ \ NO. 7700 / I \^A. EXP. 12/31/04 /*&/ EXHIBIT 'B' ^-S-CM^X EASEMENT DEDICATION PREPARED BY: TIMOTHY 0. CARROLL JR. LS. 7700 EXP. 12/31/04 SHT. 6 OF A.P.N 18 SHTS. DATE 10-16*00. G.\JOBS\97105709\960aP06.DWG 4-19-2002 pnT*ST "^ ' NOTE: SEE SHEET No. 18 FOR EASEMENT TABLE PARCEL 'B' SEE SHT. 5 -0—•P.O.B. PARCEL 1 PM 1188 PM\\1188 & \\ \ ' -t-t' A PM 13427 PARCEL 'C* 33.25 AC. -T.P.O.B. MAP No, 10267 2] OCEAN CONSULT T 3L 5900 Pasteur Court Suite 100 Carlsbad. California 92008 760-931-7700 RJK: 760-931-8680 www.odoyconsuttonb.com Civil Engineering Planning Processing Surveying VICINITY MAP NO SCALE EXHIBIT 'B' EASEMENT DEDICATION tf 500' SCALE: 1" = 500' A.P.N. 213-030-11 A.P.N. 215-021-07 A.P.N. 215-030-06 A.P.N. 215-030-14 A.P.N. 215-031-08 A,P,N. 215-031-13 A.P.N. 215-052-15 A.P.N. 215-061-01 A.P.N. 215-061-09 A.P.N. 215-480-02 A.P.N. 215-480-03 SHT. 7 OF 18 SHTS REQUESTED BY: MORROW DEVELOPMENT P.O. BOX 9000-685 CARLSBAD, CA 92008-9000 PREPARED BY: TIMOTHY 0. CARROLL. JR. L.S. 7700 EXP. 12/31/04 A.P.N. SEE ABOVE* DATE .10-16-00 &\JQBS\97i05709\960eP07.DVG 4-19-EOOa M4'34 pn EST * PARCEL (fa1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 'C' DA DELTA/BEARING S 00'40'31" W S 00-42'OJ" W N 35'49'08" W N 8813'54" W N 36'34'37" W N 79<54'26" W S 89"05'22a W S 72'22'23'' W N 65W29* W N 37W28"E N /<?5/'JJ" W N 32W14" W N 77?8'43" W N Jd29'02" W S 84V1'29" W S 21'42'51" W S 36'48'04" S 3/20'OJ" S 06W57" O*&£*7 c a N s u L T A'NT s 5900 Posteur Court Civil Engineering Suite 100 Planning Corlsbod, California 92008 Processing760-931 -7700 Surveying Fax: 760-931-8680 wwvt.odayconsuftants.com REQUESTED BY: MORROW DEVELOPMENT P.O. BOX 9000-685 CARLSBAD, CA 92008-9000 W W W RADIUS TA LENGTH 168.49' 1197.24' 82.80' 158.74' 58.94' 195.94' 132.00' 87.70' 83.03' 144.60' 124.20' 124.93' 113.39' 76.75' 81.40' 67.59' 105.76' 72.49' 76.79' * PARCEL 'C' (fa 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 DELTA/BEARING S 36'31'23" E S 30"20'05" W N 87'46'42" W S 59'27'/7" W S 89-22'W W N 6318'08" W S 83'33'32" W S 49'49'04" W N 88'34'37" W N 7419'26" W N 5019'22" W N 38V7'46" E N 5f51'47~ W N 39-27'27a W N 17'39'48" E N 76V9'45"E N 67'35'17" E N 66-20'43" E DATA RADIUS l^ji '% \ \ NO. 7700 V^\ EXP. 12/31/04 . X ^vJ'X^ j^Vj*^V. "r ^^ "t*fv?^ EXHIBIT 'B' ^^®£^ EASEMENT DEDICATION PREPARED BY: TIMOTHY 0. CARROLL, JR. LS. 7700 EXP. 12/31/04 LENGTH 142.02' 14.44' 169.50' 35.83' 145.81' 58.52' 85.82' 113.37* 184.62' 36.23' 182.07' 26.96' 233.37' 93.50' 19.93' 719.41' 560.68' 1121.08' 5y SHT. 8 OF A.P 18 SHTS M PATF 10-16-00 &\JDBS\97105709\9602P08.I)WG 4-19-2008 pn PST PACIFIC OCEAN \\ \\ NOTE: SEE SHEET No. 18 FOR EASEMENT TABLE PARCEL 3 PM 1188 VICINITY MAP NO SCALE 5900 Pasteur Court Suite 100 Carlsbad. California 92008 760-931-7700 Fox: 760-931-8680 www.odayconsultants.com Civil Engineering Planning Processing Surveying EXHfBlf 'B'5 EASEMENT DEDICATION A.P.N. 213-030-11 A.P.N. 215-021-07 A.P.N. 215-030-06 A.P.N. 215-030-14 A.P.N. 215-031-08 A.P.N, 215-031-13 A.P.N. 215-052-15 A.P.N. 215-061-01 A.P.N. 215-061-09 '-. A.P.N. 215-480-02 A.P.N. 215-480-03 SHT. 9 OF 18 SHTS REQUESTED BY: MORROW DEVELOPMENT P.O. BOX 9000-685 CARLSBAD, CA 92008-9000 PREPARED BY: TIMOTHY 0. CARROLL. JR. LS. 7700 EXP. 12/31/04 A P M SEE ABOVE* DATE 10-16-00 &\JDBS\97105709\9602P09.DVG 4-19-8002 M5'33 pm PST XREFS: 9602P: 9602HCP5: 9602AMAP t^ t1 1- ' 'PARCEL 0* ©/ 2 J 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 DELTA/BEARING N 02-23'44" W H 03-22'30" W N 12154'59" E N 7/2JV7" E A=18W28~ N 3014'15'E A=46'53'48" N 16'39'33" W &=28-20'35" N 11'41'02" E A=26'4017* N 38t21'19" E S46W58' E S 79-24'13" W N 83'55'W W S 67t58'52" W S 2111'49" W A=S6247J" ^29'20'40" S 05-51 '44" E S14W14" E O*&£*7 CONSULT A>NT S 5900 Posleur Court Civil Engineering Suite 10O Planning Coflsbod, California 92008 Processing 760-931 -7700 Surveying Fax: 760-931-8680 www.odaxconsultanta.com REQUESTED BY: MORROW DEVELOPMENT P.O. BOX 9000-685 CARLSBAD, CA 92008-9000 RADIUS 433.00' 767.00' 1433.00' 433.00' 103.00' 110.00' LENGTH 4.28' 112.77' 200.00' 1087.49' 142.39' 286.65' 627.79' 492.40' 708.88' 230.97' 201.56' 179.90' 208.42' 34.62' 149.66' 58.43' 93.91' 101.40' 56.34' 110.53' 64.16' FARCtL *D Ifr) 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 DELTA/BEARING S 22'36'40" E S 02?7'49a E S 2214'36" E S 47'37'03'' E S 84-51 '27" E N 77'41'40" ' E S 68'44'36" E S 0513'15" E S 35'43'38" W S 86'3r24" W S 3515'46" W S f8yj'28" W S 00"24'34" E S 12?8'14" E S 1610'41" W S 36-27'37" W S 18'45'25" W S 39'22'32" W S 1812'53" W N 80V7'56" W ' DATA RADIUS __ EXHIBIT 'B' EASEMENT DEDICATION PREPARED BY: TIMOTHY 0. CARROLL, JR. LS. 7700 EXP. 12/31/04 LENGTH 168.86' 190.77' 151.66' 75.43' 65.31' 116.59' 105.98' 147.29' 260.57' 72.55' 188.61' 176.51' 155.73' 153.29' 170.50' 118.02' 154.09' 161.67' 87.92' 100.97' /^P^^\i "•••J A*? **i ^0 \ NO. 7700 J \&\ EXP. 12/31/00 /•&! ^%^^SHT. 10 OF 18 SHTS A.P N. nATF 10-16-00 &\JQBS\97105709\960eP10.DVQ 4-19-£OOe W6.20 pn PST NOTE: SEE SHEET No. 18 FOR EASEMENT TABLE o1 300' SCALE: 1" = 300' \\ PARCEL 15.72 AC VICINITY MAP NO SCALE 5900 Posleur Court Suite 100 Carlsbad, California 92008760-931-7700 Fax: 760-931-6680 www.odaycon9ultont9.com EASEMENT DEDICATION 213-030-11 215-021-07 215-030-06 215-030-14 215-031-08 215-031-13 215-052-15 215-061-01 215-061-09 215-480-02 215-480-03 SHT. 11 OF 18 SHTS REQUESTED BY: MORROW DEVELOPMENT P.O. BOX 9000-685 CARLSBAD, CA 92008-9000 PREPARED BY: TIMOTHY 0. CARROLL. JR. LS. 7700 EXP. 12/31/04 ARM SEE ABOVE* DATE 10-16-00 &\JDBS\97105709\9&02P11,DWG 4-19-2002 M8i34 pn P: XREFS: 9502P; 9602HCP5: 9602AMAP ^ PARCEL ©/ 2 3 4 5 6 7 8 9 10 11 12 13 14 15 '£" DELTA/BEARING RAL N 02"23'45 N 03"23'29 P" vun "w — N 12'54'59" E — N 11?3'4)?* rL N W27'42a E — N 12"28'0t N 83V2'1L S 38'52'2<> N 80-57'H S 03V6'14 S 6613'0i N 72'34'U S 78'44'04 N 62V1'4i "" rt ?" cL •>" r' t r " r-L " I'Jn " rc ?" rL f" r1 L ?* rL S7118'33"E — O&£*? CONSUL 5900 Pasteur Court Suite 100 Carlsbad. Colifornio 92008 760-951-7700 Fax: 760-931-8680 www.odayconsultan ts .com " A^N T S Ciutt Engineering PlanningProcessing Surveying REQUESTED BY: MORROW DEVELOPMENT P.O. BOX 9000-685 CARLSBAD, CA 92008-9000 DATA WS LENGTH 4.28 — 62.91' — 248.06' 57/.3i — 88.63' 391. 16 84.55 82.82 120.99 164.63 123.71 152.76 94.17 39.47 — 192.17' 9 PARCEL 'E9 © 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 EXHIBIT ' DELTA/BEARING RAL 8/2833 W S 65'49'19" W — S 54'03'29" W — S 35 1 7 03 W S 17'30'12" W — N 82^302 W 243928 W S 07V727 W 163856 E 5 tirt*JCt>f\f)t' r"424802 E N 78V454 E 45 06 11 E 10V951 E N 504554 W A=37V6'52a 105 /cT"^-^'oNk I I NO. 7700 J VA\ EXP. 12/31/04 / EASEMENT DEDICATION PREPARED BY: TIMOTHY 0. CARROLL. JR. LS. 7700 EXP. 12/31/04 / WS LENGTH 86.23 82.62' 83.74' 84.43 269.12' 225.30 189.94 212.44 227.23 f\j n~7*94.87 • - 100.25 32.27 323.09 109.47 WO 680.81' SHT. 12 OF 18 SHTS \ P N DATE 10-16-00 G<\JOBS\97105709\9602P18.DWG 3002-4-18 an PST PARCEL 'I' 0.41 AC. 0' 500' SCALE: 1" = 500' PARCEL 'A' PM 13427 PACIFIC OCEAN CITY OF ENCINITAS VICINITY MAP NO SCALE CONSULT 5900 Pasteur Court Civil Engineering Suite 100 Planning Carlsbad. California 92008 Processing 760-931-7700 Surveying Fax: 760-931-8680 www.odaycortsultont3.com NOTE: SEE SHEET No. 18 FOR EASEMENT TABLE EXHIBIT 'B' EASEMENT DEDICATION A.P.N. 213-030-11 A.P.N. 215-021-07 A.P.N. 215-030-06 A.P.N. 215-030-14 A.P.N. 215-031-08 A.P.N. 215-031-13 A.P.N. 215-052-15 A.P.N. 215-061-01 A.P.N. 215-061-09 A.P.N. 215-480-02 A.P.N. 215-480-03 SHT. 13 OF 18 SHTS REQUESTED BY: MORROW DEVELOPMENT P.O. BOX 9000-685 CARLSBAD, CA 92008-9000 PREPARED BY: TIMOTHY 0. CARROLL. JR. LS. 7700 EXP. 12/31/04 A.P.NI SEE ABOVE* DATE 10-16-00 G>\JDBS\97105709\9602P13.DWG 4-19-2002 M9<38 pn PSTXREFS: 9602P: 9602HCP5: 9602AMAP t ' ' J w ^///?-< • 'H' & ^/ 2 J 4 5 6 7 8 9 10 11 12 13 U 15 16 17 18 19 20 21 •L T', 'G', • T DATA DELTA/BEARING N0510'15*E A=W20W S84'49'54"W N24'36'57*W N35'49'44"E A=09-57V7" A=00'58'32" N16V5'45*W N2919'56'W N04'56'42"W N59'54'03"W N39'31'16"E S63'31'01aE S21V8'29aE S62V2'04*E S2913'47"W &=4519'32" S16V5'45"E N2913'47"E A Of7CA—Zo JO10" N02'38'37"E 'tANT^v^^m\ '\O\ n i YO. 7700 1 I P. 12/31/04 /•&/ *^W /HR-18N o*&&? C D N S U L T A-'N T S 5900 Pasteur Court Civil Engineering Sute 100 Planning Corlabod, California 92008 Processing 760-931 -7700 Surveying Fox: 760-931-8680 www.odoyconsultanta.com REQUESTED B MORROW DEVELOP P.O. BOX 9000-( CARLSBAD,CA V: 'MENT 585 92008-9000 RADIUS 1000.00' — 1000.00' 1000.00' . 300.00' 800.00' LENGTH 408.81' 180.45' 61.53' 90.00' 116.54' 173.69' 17.03' 72.57' 144.76' 385.06' 125.49' 96.40' 50.28' 172.15' 54.55' 51.05' 237.32' 171.05' 9.61' 371.21' 131.14' • PARCEL T'H' & rw 22 23 24 25 28 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 DELTA/BEARING N87'21'14"W N25"50'22"W N09'01'57"W N27'28'54"W N0513'29"W N12V6'56"E N7513'03"E 4=28-5511" A=19*5419° S13V4WE A /T^?'?/*U — 13 "r^ J/ S02'38'37°W A=15'48V5" N37'52'57aW S52V7'03"W N39V5'42*W N47V6'22*W S7416'51"E 4=362354" S37m52'5rE 9 $r9 t & * DATA RADIUS 450.00' 600.00' 600.00' 450.00' 400.00' LENGTH 24.09' 301.57' 149.59' 95.90' 230.01' 46.72' 180.43' 227.13' 208.45' 54.28' 164.52' 180.27' 124.10' 221.05' 76.16' 153.71' 166.21' 47.21' 254.11' 42.38' neasnB^B^BK EXHIBIT 'B5 EASEMENT PREPARED BY: TIMOTHY 0. CARROLL, JR. LS. 7700 EXP. 12/31/04 DEDICATION SHT. 14 OF 18 SHTS A.P.N. pATF 10-16-00 Gc\JDBS\97105709\9608P14.DWG 4-19-2002 Ii21i08 pn PST DETAIL NTS SCALE: 1" = 500' NOTE: SEE SHEET No. 18 FOR EASEMENT TABLE VICINITY MAP NO SCALE 5900 Pasteur Court Suite 100 Carlsbad. California 92008 760-931-7700 Fax: 760-931-8680 www.odoycon3ultants.com EASEMENT DEDICATION 213-030-11 215-021-07 215-030-06 215-030-14 215-031-08 215-031-13 215-052-15 215-061-01 215-061-09 215-480-02 215-480-03 SHT. 15 OF 18 SHTSJ REQUESTED BY: MORROW DEVELOPMENT P.O. BOX 9000-685 CARLSBAD, CA 92008-9000 PREPARED BY: TIMOTHY 0. CARROLL. JR. LS. 7700 EXP. 12/31/04 A P M SEE ABOVE* DATE 10-16-00 &\JQBS\97105709\9602P15.DVG 4-19-2003 12:39>05 pn PST XREFS: 9602P; 9602HCP5: 9502AMAP ' t « • >X*\-ANO^S / O/& Y* /^/^ I1 \ NO. 7700 \4^N ^ ^v; 'r'<f 2'/Mfl © ;^ J 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 l\ / Of&^"7 CONSULT A™ T S 590Q Posttur Court Civil Engn«rin9 Suite 100 Planning Cortsbod. California 92008 Processing 760-931-7700 Surveying fan: 760-931-6680 YI «fw .adayconsui lanls .ca m REQUESTED BY: MORROW DEVELOPMENT P.O. BOX 9000-685 CARLSBAD, CA 92008-90( DELTA/BEARING N8913'50"W S60'39'42"E S60'39'42"E A=20V317" N05V4'14"W N46V4'17"W N60'42'13"W N36-22'02"E S7911'50"E N8913'50KW N36-22'02"E 536-22'02'W N60'42'13"W N7819'27"W N63'36'06"W N5818'58"E N4919'22"E N32'55'40''E N3519'55"E N1817>15"E N03-28'13"E N12V6'37"W A=26V912" N5415'07SE S06'23'13*E 26 S12'57'45"E 27 S38W'41"E 28 S43'43'33"E 29 SOr57'47*W 30 S24-25'14"W 31 S49'57'19"W 32 S03-25'18"E 33 S39V2'59"E 34 S7911'50"E RADIUS 949.00' 285.00' LENGTH 305.45' 48.61' 501.18' 332.17' 111.44' 118.42' 276.22' 141.19' 95.14' 107.70' 3.67 123.47' 171.271 21.66' 237.98' 82.61' 29.52' 124.69' 81.66' 179.69' 97.49' 100.44' 130.09' 100.82' 26.53' 70.93' 158.78' 145.78' 81.54' 229.94' 152.67' 86.62' 54.34' 141.54' EXHIBIT JB m PARCEL X 'K' & I9 DATA ® 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 DELTA/BEARING N3815'49"W 4=391728" N07'34'59"E N2515'42ttE A 9Q"Or48" N03'46'06"W N13-20'13"E N32V2'43"E &=681212" N36W'29"W N03'41'44"E N70'49'45"E N1312'20"E N5912'11"E S3317'12"W S14"21'05"E S69'33'47"E S2018'29"E S62'46'29"E N8317'orE S72'59'53"E S8T49'18"E 519-21 '29"W S44'27'55''W N82V2'28"W N41-01'13"W N80'33'17*W S63W'56"W a-1233033 S32'58'35"W A=5218'44" S02'41'12"W S23V6'50"W £=3719-50" S14-13'00"E S11'32'12"W EASEMENT DEDICATION SHJ PREPARED BY: TIMOTHY 0. CARROLL, JR. )U LS. 7700 EXP. 12/31/04 A.P. RADIUS 550.00' 440.00' 260.00' 125.00' 195.00' 234.00' LENGTH 116.73' 377.17' 20.00' 110.81' 222.93' 59.15' 20.00' 33.43' 309.50' 118.67' 16.95' 198.64' 126.66' 85.31' 63.78' 85.60' 95.52' 62.46' 84.76' 75.45' 148.97' 58.87' 64.50' 99.20' 183.13' 52.13' 45.42' 43.31' 269.46' 43.77" 178.04' 198.80' 132.32' 152.46' 118.04' 69.76' •ae . 16 OF 18 SHTS M SEE ABOVE* DATE 10-16-00 G>\JOBS\97105709\9602P16.DWG 4-19-2002 12i36'44 pr> PST '-PARCEL 'M' UATA ®/ 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 DELTA/BEARING N58V1'18"W N74-29'33"W N64V4'06"W N34'48'28"E A=9f2258° N56'34'30"W N7618'42"W N03V3'19"E A=78'J4'45" N6T22'40"W N49'53'57"E N68'58'06"E N39'22'04"E S74V4'42"E N7771'54"E SOO'42'03"W SOO'39'40"W RADIUS 58.00' 70.00' LENGTH 88.18' 124.07' 84.76' 48.03' 92.51' 81.40' 60.43' 13.11' 96.00' 12.75' 84.32' 227.42' 64.31' 37.13' 130.56' 138.19' 424.03' 500' SCALE: 1" = 500' NOTE: SEE SHEET No. 18 FOR EASEMENT TABLE PACIFIC OCEAN CITY OF ENCINITAS VICINITY MAP NO SCALE CONSULT 5900 Pasteur Court Suite 100 Ccrlsbod California 92008 760-931-7700 Fox: 760-931 -8660 www.odayconsultont3.com Civil Engineering PlanningProcessing Surveying ARCEL SEE SHEET 15 PARCEL T SEE SHEET 15 EXHIBIT 'B5 EASEMENT DEDICATION 213-030-11 215-021-07 215-030-06 215-030-14 215-031-08 215-031-13 215-052-15 215-061-01 215-061-09 215-480-02 215-480-03 SHT. 17 OF 18 SHTS. REQUESTED BY: MORROW DEVELOPMENT P.O. BOX 9000-685 CARLSBAD, CA 92008-9000 PREPARED BY: TIMOTHY 0. CARROLL. JR. LS. 7700 EXP. 12/31/04 A.P.N. SEE ABOVE* DATE 10-16-00 G.\JDBS\97105709\9608P17.DWG 4-19-E002 Ml>57 pn PSTXREFS: 96Q2P; 9602HCP5; 9602AMAP FASr^fNT NOTES- 9t~n*Ji ^S»f V t fVvllem^Ja ^^ » " • . — TWJD^\ >^ V-WJj^c^. /i*j?/d^^^fa\£\f^/i^ ^\°\ 1 ~~J 1 *\ \ I 1 NO. ?700 I 1 V&\ EXP. 12/31/00 /•^'/ \ JVV ^S^/ X^c^X FIRST AMERICAN TITLE INSURANCE CO, PRELIMINARY TITLE REPORT f 1126323-11 DATED NOVEMBER 24, 1998 ITEM 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 21 22 23 25 26 A 27 38 39 40 41 44 PURPOSE POWER ROAD POWER POWER POWER POWER POWER POWER WATER WATER SEWER POWER POWER SLOPE/DRAINAGE POWER CABLE TV CABLE TV ROAD/DRAINAGE WATER SEWER ROAD/SLOPES UTILITIES SEWER TELEPHONE POWER SEWER SEWER SEWER PARK OWNER SDG&E COUNTY SDG&E SDG&E SDG&E SDG&E SDG&E SDG&E CMWD CMWD SMCWD SDG&E SDG&E COUNTY SDG&E DANIELS DANIELS CARLSBAD CMWD LCWD CARLSBAD PRIVATE SMCWD PACIFIC BELL SDG&E CARLSBAD CARLSBAD VWD CARLSBAD DOCUMENT BK 798, PG 241 BK 1514, PG 145 BK 5179, PG 433 BK 5207, PG 158 BK 5208, PG 399 BK 5212, PG 492 BK 5235, PG 130 BK 5273, PG 432 151772 183352 84209 15564 158721 158741 130797 23034 82-254573 82-254574 86-412542 86-412543 83-449259 84-043971 84-180447 84-312777 85-335690 86-078338 NO RECORD FD. NO RECORD 1997-0488228 1998-0366137 1997-0605498 1998-0077512 1998-0151414 1998-0152413 DATE 2/16/20 6/11/43 3/23/54 4/16/54 4/19/54 4/22/54 5/12/54 6/18/54 7/27/60 10/23/61 5/11/64 1/27/69 8/28/69 8/28/69 7/24/70 2/05/71 8/17/82 8/17/82 9/19/86 9/19/86 12/9/83 2/06/84 5/15/84 8/16/84 9/12/85 2/28/86 10/01/97 6/16/98 12/01/97 2/13/98 3/20/98 3/20/98 EXISTING FACILITY O.H. ELECTRICAL ROAD ELECTRICAL O.H. ELECTRICAL O.H. ELECTRICAL OH ELECTRICAL O.H. ELECTRICAL O.H. ELECTRICAL 30" GAS 10" WATER 8" WATER 16" & 12" SEWER VACANT VACANT SLOPE & DRAINAGE VACANT O.H. U/G CABLE TV ROAD 8" WATER VACANT VACANT VACANT 20" SEWER O.H. TELEPHONE UNKNOWN* PUMP STATION PUMP STATION 24" DIP SEWER VACANT */VM77/M/ rAA/A/nr or ncTrpijMirn conu prrnr?n CONSULT A^N T S 5900 Pasteur Court Civil Engineering ^ V LJ 1 O 1 | D Suite tOO Planning C_ A M 1 LJ 1 1 LJ ^JESIiSS Sun"yi"° EASEMENT DEDICATION _UT .. _._ .Q CHTQwww.odoyconsultants.com Onl.lO L/f~ IO O fl 1 O REQUESTED BY: PREPARED BY: MORROW DEVELOPMENT TIMOTHY 0. CARROLL, JR.A.P.h J pn pny Qnnn-fiR5 CARLSBAD, CA 92008-900 LS. 7700 EXP. 12/31/04 DATE 10-16-00 &\JQBS\97105709\960EP1B.DVG 4-19-2003 12145.58 pn PST RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: r i Ronald W. Rouse, Esq. Luce, Forward, Hamilton & Scripps, LLP 1 1988 El Camino Real, Suite 200 San Diego, CA 92 130 ' L J MAIL TAX STATEMENTS TO: [Not Applicable] SPACE ABOVE THIS LINE FOR RECORDERS USE Documentary transfer tax is $ -0- [X] Computed on full value of property conveyed, or [ ] Computed on full value less value of liens and encumbrances remaining at time of sale or transfer. [ ] Unincorporated area or [X] City of Carlsbad. IRREVOCABLE OFFER TO CONVEY REAL PROPERTY (La Costa Greens) Re: Implementation Agreement Regarding The City APN Portion of: of Carlsbad/Fieldstone/La Costa Associates Habitat Conservation Plan/On-Going Multi-Species Plan REAL ESTATE COLLATERAL MANAGEMENT COMPANY, a Delaware corporation, (hereinafter designated "Grantor"), represents that they are the owners of the hereinafter described real property and successors in interest as owner to Fieldstone/La Costa Associates Limited Partnership, and in consideration of the rights, duties and obligations of the parties to that certain "Implementation Agreement Regarding the City of Carlsbad/Fieldstone/La Costa Associates Habitat Conservation Plan/On-Going Multi-Species Plan dated June 7,1995" (hereafter the "Implementation Agreement"), hereby makes an IRREVOCABLE OFFER OF CONVEYANCE to the CENTERFOR NATURAL LANDS MANAGEMENT, a California non-profit corporation, (hereinafter collectively designated "Grantee"), its successors and assigns, of fee title to the Conserved Habitat, as that term is used in the Implementation Agreement, of the hereinafter described real property for the following purpose: Irrevocable Offer of Conveyance 27817-7/1736982.1 TO BE HELD AND USED IN PERPETUITY FOR WILDLIFE CONSERVATION PURPOSES. The real property referred to above is situated in the City of Carlsbad, County of San Diego, State of California consisting of Parcels A through M, inclusive as more particularly described in Exhibit "A" and shown on Exhibit "B", attached hereto and made a part hereof (hereafter the "Conserved Habitat") together with all flora and fauna now growing or located on, or to be grown or located on, the Conserved Habitat. This Irrevocable Offer, and any subsequent deed or conveyance in furtherance thereof, shall also (i) be subject to Grantor's" Conservation Easement Deed" in favor of the California Department of Fish and Game (hereafter "CDFG") an agency of the State of California, as provided in Section V.A.l.a. of the Implementation Agreement and (ii) satisfy the conditions set forth in Section V.A.l.b.(l) and (2) of the Implementation Agreement, as applicable. RESERVING and EXCEPTING from this Irrevocable Offer and from any subsequent deed or conveyance in furtherance thereof, to the Grantor, or its successors and assigns, agents or contractors and public agencies, the right of access and easements for the purpose of planning, constructing, grading, operating, maintaining, replacing or reconstructing public or private sewer, water, utility, basins, drainage and all other public and private facilities over, under or across the Conserved Habitat necessary or required for the efficient and orderly development of Grantor's "Project andPlan Activities" activities described in Section IV.G. of the Implementation Agreement, including but not limited to the following activities: 1. PARCEL A: Construct and maintain local trail on or adjacent to the existing alignment of Vallecitos and Carlsbad sewer easements. Remove or underground existing overhead electric, telephone and cable facilities. 2. PARCEL C: Riparian mitigation, enhancement, maintenance and monitoring pursuant to the Clean Water Act 404/401 Permits and State 1603 Agreement. Remove or relocate existing overhead electric, telephone and cable facilities. 3. PARCEL M: Local trail construction and maintenance; habitat revegetation. 4. PARCEL K: Local trail construction and maintenance. 5. PARCEL!: Local trail construction and maintenance. 6. PARCEL I: Construction, operation, maintenance and all weather access road over existing dirt road in order to maintain public drainage basins on Lots 18,41 and 44. Provided however, any habitat disturbed in connection with those activities is reasonably restored in accordance with Section IV.G. of the Implementation Agreement. FURTHER RESERVING and EXCEPTING from this Irrevocable Offer and from any subsequent deed or conveyance in furtherance thereof, the reversion of fee title to Grantor on the occurrence of Irrevocable Offer of Conveyance 27817-7/1736982.1 the condition subsequent that the Conserved Habitat is used for any purpose other than wildlife conservation as provided in Section V.A.1. of the Implementation Agreement or in the event the Implementation Agreement and associated HCP/OMSP is judicially invalidated. This Irrevocable Offer shall be irrevocable and shall be binding on the Grantor, its heirs, executors, administrators, successors and assigns in accordance with its rights, duties and obligations set forth in the Implementation Agreement. IN WITNESS WHEREOF, the Grantor has caused this Irrevocable Offer of Dedication to be executed this l£> day of Af V^t ) 2002. Real Estate Collateral Management Company, a Delaware corporation, as Owner Name: David Watts Title: Vice President Irrevocable Offer of Conveyance 27817-7/1736982.1 \ 4 STATE OF ) ss: COUNTY On /fl^*/ /*% 20^r before me, personally appeared ^ personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me mat he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature on Ihe instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. OFFICIAL SEAL DIANA C MORENO | Notar^ Public EXHIBIT 'A' LEGAL DESCRIPTION PORTIONS OF PARCEL 3 OF PARCEL MAP NO. 1188, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 20, 1972 AS FILE NO. 340334 OF OFFICIAL RECORDS, TOGETHER WITH THAT PORTION DESIGNATED AS "NOT A PART OF THIS PARCEL MAP" NO. 1188. ALSO THAT PORTION OF THE SOUTH HALF OF SECTION 25 LYING NORTHERLY OF ALGA ROAD, EXCEPTING THEREOF THAT PORTION LYING NORTHERLY OF THE 200 FOOT WIDE SDG&E EASEMENT RECORDED JUNE 18, 1954 IN BOOK 5273, PAGE 432, O.R., IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED IN PARCELS W THROUGH 'M' AS FOLLOWS: PARCEL A BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL 3; THENCE SOUTH 89°17'46" EAST, ALONG THE NORTHERLY LINE OF SAID PARCEL 3, 574.65 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTHERLY LINE SOUTH 89°17'46" EAST 740.84 FEET; THENCE LEAVING SAID NORTHERLY LINE SOUTH 02°29'56" WEST 11.77 FEET TO THE BEGINNING OF A TANGENT 856.88-FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE SOUTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 18°50'12", AN ARC DISTANCE OF 281.71 FEET; THENCE NON-TANGENT TO SAID CURVE SOUTH 15°51'20" EAST 238.57 FEET; THENCE SOUTH 08°39'57" WEST 112.67 FEET; THENCE SOUTH 16°36'14" EAST 136.62 FEET; THENCE SOUTH 26°07'52" EAST 111.21 FEET; THENCE SOUTH 04°13'44" WEST 193.26 FEET; THENCE SOUTH 11°01'07" WEST 149.37 FEET; THENCE SOUTH 01°52'28" EAST 104.79 FEET; THENCE SOUTH 45°57'35" WEST 246.23 FEET; THENCE SOUTH 30°38'55" WEST 87.41 FEET; THENCE NORTH 62°42'04" WEST 52.34 FEET; THENCE SOUTH 29°50'10" WEST 81.87 FEET TO THE BEGINNING OF A TANGENT 53-FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 148°41'28", AN ARC DISTANCE OF 137.54 FEET; THENCE TANGENT TO SAID CURVE NORTH 01°28'22" WEST, 64.65 FEET TO THE BEGINNING OF A TANGENT 38-FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 64°42'47", AN ARC DISTANCE OF 42.92 FEET; THENCE TANGENT TO SAID CURVE NORTH 66°11'09" WEST 62.29 FEET; THENCE SOUTH 52°39'05" WEST 94.72 FEET; THENCE NORTH 86°18'38" WEST 213.50 FEET; THENCE NORTH 44°52'39" WEST 121.00 FEET; THENCE SOUTH 48°33'50" WEST 128.00 FEET; THENCE SOUTH 19°02'15" EAST 268.83 FEET; THENCE SOUTH 26°44'51" WEST 107.85 FEET; THENCE NORTH 76°05'08" WEST 115.16 FEET; THENCE SOUTH 05°10'50" EAST 403.60 FEET; THENCE SOUTH 44°12'41" WEST 117.45 FEET; THENCE SOUTH 07°20'18" EAST 82.10 FEET; APRIL 18, 2002 EXHIBIT XA' J.N.: 971057 PAGE 1 OF 11 THENCE SOUTH 64°49'37" EAST 272.58 FEET; THENCE SOUTH 07°23'51" EAST 240.83 FEET; THENCE SOUTH 12°47'04" WEST 354.43 FEET; THENCE SOUTH 44°22'38" EAST 298.19 FEET; THENCE SOUTH 30°44'42" EAST 113.08 FEET; THENCE SOUTH 50°04'54" WEST 29.64 FEET; THENCE NORTH 89°31'46" WEST 83.70 FEET; THENCE NORTH 63°13'45" WEST 50.33 FEET; THENCE SOUTH 76°44'02" WEST 256.34 FEET; THENCE SOUTH 30°47'24" WEST 138.73 FEET; THENCE SOUTH 80°00'59" WEST 150.69 FEET; THENCE NORTH 62°16'04" WEST 32.93 FEET; THENCE SOUTH 77°03'02" WEST 93.38 FEET; THENCE SOUTH 03°30'50" WEST 26.90 FEET; THENCE SOUTH 67°12'50" .WEST 152.86 FEET; THENCE NORTH 73°57'28" WEST 39.89 FEET; THENCE SOUTH 71°38'31" WEST 120.06 FEET; THENCE SOUTH 52°09'39" WEST 157.62 FEET; THENCE SOUTH 21°24'35" WEST 183.91 FEET; THENCE SOUTH 56°49f41" WEST 214.38 FEET; THENCE SOUTH 10°36'04" WEST 91.39 FEET; THENCE SOUTH 46°16'39" WEST 441.01 FEET; THENCE SOUTH 24°49'14" WEST 172.62 FEET; THENCE SOUTH 55°22'33" WEST 83.26 FEET TO THE BEGINNING OF A NON-TANGENT 6905.31- FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY A RADIAL TO WHICH BEARS SOUTH 58°00'33" WEST; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 2°18'59", AN ARC DISTANCE OF 279.17 FEET; THENCE NON-TANGENT TO SAID CURVE NORTH 00°32'23" EAST 1868.48 FEET; THENCE SOUTH 67°44'36" EAST 128.37 FEET; THENCE NORTH 88°25'06" EAST 226.92 FEET; THENCE NORTH 40°14'57" EAST 189.21 FEET; THENCE SOUTH 65°08'20" EAST 68.00 FEET; THENCE SOUTH 47°15'08" EAST 161.42 FEET; THENCE NORTH 76°10'09" EAST 85.12 FEET; THENCE NORTH 40°30'34" EAST 106.15 FEET; THENCE NORTH 09°29'49" EAST 73.14 FEET; THENCE NORTH 12°24'13" WEST 186.14 FEET; THENCE NORTH 04°47'42" WEST 263.74 FEET; THENCE NORTH 89°13'54" EAST 65.25 FEET; THENCE NORTH 29°32'27" EAST 134.15 FEET; THENCE NORTH 05°51'00" WEST 58.90 FEET; THENCE NORTH 60°23'54" WEST 133.56 FEET; THENCE NORTH 36°23'57" EAST 359.83 FEET; THENCE NORTH 50°20'38" EAST 145.52 FEET; THENCE NORTH 36°36'04" EAST 165.74 FEET; THENCE NORTH 20°48'37" EAST 138.41 FEET; THENCE NORTH 05°17'57" WEST 164.64 FEET; THENCE NORTH 05°15'20" EAST 160.56 FEET; THENCE NORTH 29°50'51" EAST 104.11 FEET; THENCE NORTH 69°15'40" EAST 184.61 FEET; THENCE SOUTH 78°04'26" EAST 113.82 FEET; THENCE SOUTH 43°31'02" EAST 66.47 FEET; THENCE SOUTH 84°21'31" EAST 90.83 FEET; THENCE NORTH 70°59'01" EAST 95.57 FEET; THENCE NORTH 22°48'59" EAST 99.54 FEET; THENCE NORTH 01°48'56" WEST 117.24 FEET; THENCE NORTH 16°38'51" WEST 343.89 FEET; THENCE NORTH 02°38'02" EAST 160.48 FEET TO THE TRUE POINT OF BEGINNING. AREA = 115.79 ACRES APRIL 18, 2002 EXHIBIT W J.N.: 971057 PAGE 2 OF 11 PARCEL *B' BEGINNING AT THE MOST EASTERLY NORTHEAST CORNER OF SAID PARCEL 3; THENCE NORTH 89°18'53" WEST, ALONG THE NORTHERLY LINE OF SAID PARCEL 3, 2180.00 FEET; THENCE LEAVING SAID NORTHERLY LINE NORTH 89°34'35" WEST 445.18 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 27°14'08" EAST, 60.09 FEET; THENCE SOUTH 56°24'22" EAST 83.91 FEET; THENCE SOUTH 16°13'59" EAST 69.70 FEET; THENCE SOUTH 38°07'28" WEST 147.32 FEET; THENCE SOUTH 01°53'05" EAST 135.60 FEET; THENCE SOUTH 14°35'00" WEST 175.78 FEET; THENCE SOUTH 46°27'07" WEST 79.09 FEET; THENCE SOUTH 00°01'03" WEST 165.03 FEET; THENCE SOUTH 30°42'21" EAST 228.86 FEET; THENCE SOUTH 64°43'57" EAST 198.83 FEET; THENCE NORTH 74°51'28" EAST 63.11 FEET; THENCE NORTH 23°31'48" EAST 244.44 FEET; THENCE NORTH 64°25'27" EAST 121.32 FEET; THENCE SOUTH 56°25'03" EAST 38.17 FEET; THENCE NORTH 86°04'30" EAST 216.75 FEET; THENCE NORTH 29°40'00" EAST 114.43 FEET; THENCE NORTH 55°13'58" EAST 75.51 FEET; THENCE NORTH 34°18'43" EAST 194.55 FEET; THENCE SOUTH 44°01'53" EAST 76.39 FEET; THENCE SOUTH 08°23'43" WEST 87.86 FEET; THENCE SOUTH 87°38'09" WEST 91.50 FEET; THENCE SOUTH 46°12'31" WEST 136.10 FEET; THENCE SOUTH 06°27'30" EAST 40.64 FEET; THENCE SOUTH 39°42'26" WEST 60.00 FEET; THENCE SOUTH 28°05'37" WEST 106.50 FEET; THENCE NORTH 59°47'14" WEST 60.82 FEET; THENCE SOUTH 70°05'41" WEST 95.11 FEET; THENCE SOUTH 23°01'35" WEST 71.39 FEET; THENCE SOUTH 42°56'18" WEST 128.66 FEET; THENCE SOUTH 10°45'54" WEST 163.60 FEET; THENCE SOUTH 34°52'35" EAST 186.21 FEET; THENCE SOUTH 77°59'23" WEST 148.80 FEET; THENCE NORTH 86°53'31" WEST 105.77 FEET; THENCE SOUTH 71°47'04" WEST 98.46 FEET; THENCE NORTH 38°29'04" WEST 130.62 FEET; THENCE NORTH 57°38'48" WEST 88.07 FEET; THENCE NORTH 07°43'39" WEST 75.70 FEET; THENCE NORTH 60°57'51" WEST 55.47 FEET; THENCE SOUTH 71°33'25" WEST 65.38 FEET; THENCE NORTH 60°50'03" WEST 117.88 FEET; THENCE NORTH 26°41'48" WEST 180.33 FEET; THENCE NORTH 09°37'26" WEST 161.16 FEET; THENCE NORTH 09°39'32" EAST 116.13 FEET; THENCE NORTH 03°24'04" WEST 233.53 FEET; THENCE NORTH 07°59'51" EAST 82.77 FEET; THENCE NORTH 16°14'23" EAST, 121.59 FEET; THENCE NORTH 28°35'49" EAST 117.28 FEET; THENCE NORTH 49°58'41" EAST 62.97 FEET; THENCE NORTH 38°27'10" EAST 195.63 FEET TO THE TRUE POINT OF BEGINNING. AREA = 11.98 ACRES PARCEL BEGINNING AT THE MOST EASTERLY NORTHEAST CORNER OF SAID PARCEL 3; THENCE SOUTH 00°40'31" WEST, ALONG THE EASTERLY LINE OF SAID PARCEL 3, 796.58 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG APRIL 18, 2002 EXHIBIT 'A' J.N.: 971057 PAGE 3 OF 11 SAID EASTERLY LINE SOUTH 00°40'31" WEST 168.49 FEET; THENCE CONTINUING ALONG SAID EASTERLY LINE SOUTH 00°42'03" WEST 1197.24 FEET; THENCE LEAVING SAID EASTERLY LINE NORTH 35°49'08" WEST 82.80 FEET; THENCE NORTH 88°13'54" WEST 158.74 FEET; THENCE NORTH 36°34'37" WEST 58.94 FEET; THENCE NORTH 79°54'26" WEST 195.94 FEET; THENCE SOUTH 89°05'22" WEST 132.00 FEET; THENCE SOUTH 72°22'23" WEST 87.70 FEET; THENCE NORTH 65°10'29" WEST 83.03 FEET; THENCE NORTH 37°05'28" EAST 144.60 FEET; THENCE NORTH 18°51'33" WEST 124.20 FEET; THENCE NORTH 32°08'14" WEST 124.93 FEET; THENCE NORTH 77°28'43" WEST 113.39 FEET; THENCE NORTH 39°29'02" WEST 76.75 FEET; THENCE SOUTH 84°01'29" WEST 81.40 FEET; THENCE SOUTH 21°42'51" WEST 67.59 FEET; THENCE SOUTH 36°48'04" WEST 105.76 FEET; THENCE SOUTH 81°20'03" WEST 72.49 FEET; THENCE SOUTH 06°13'57" WEST 76.79 FEET; THENCE SOUTH 36°31'23" EAST 142.02 FEET; THENCE SOUTH 30°20'05" WEST 14.44 FEET; THENCE NORTH 87°46'42" WEST 169.50 FEET; THENCE SOUTH 59°27'17" WEST 35.83 FEET; THENCE SOUTH 89°22'18" WEST 145.81 FEET; THENCE NORTH 63°18'08" WEST 58.52 FEET; THENCE SOUTH 83°33'32" WEST 85.82 FEET; THENCE SOUTH 49°49'04" WEST 113.37 FEET; THENCE NORTH 88°34'37" WEST 184.62 FEET; THENCE NORTH 74°19'26" WEST 36.23 FEET; THENCE NORTH 50°19'22" WEST 182.07 FEET; THENCE NORTH 38°07'46" EAST 26.96 FEET; THENCE NORTH 51°51'47" WEST 233.37 FEET; THENCE NORTH 39°27'27" WEST 93.50 FEET; THENCE NORTH 17°39'48" EAST 19.93 FEET; THENCE NORTH 76°09'45" EAST 719.41 FEET; THENCE NORTH 67°35'17" EAST 560.68 FEET; THENCE NORTH 66°20'43" EAST 1121.08 FEET TO THE TRUE POINT OF BEGINNING. AREA = 33.25 ACRES PARCEL BEGINNING AT THE SOUTHEASTERLY CORNER OF PARCEL 'A' OF PARCEL MAP NO. 13427, SAID POINT LYING ON THE NORTHERLY RIGHT-OF-WAY OF ALGA ROAD; THENCE NORTHERLY ALONG THE EASTERLY LINE OF SAID PARCEL XA' NORTH 02°23'44" WEST 4.28 FEET; THENCE NORTH 03°23'30" WEST 112.77 FEET; THENCE NORTH 12°54'59" EAST 200.00 FEET; THENCE NORTH 11°23'47" EAST 1087.49 FEET TO THE TRUE POINT OF BEGINNING, THE BEGINNING OF A TANGENT 433-FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE CONTINUING ALONG THE EASTERLY LINE OF SAID PARCEL AA' , NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 18°50'28", AN ARC DISTANCE OF 142.39 FEET; THENCE TANGENT TO SAID CURVE NORTH 30°14'15" EAST 286.65 FEET TO THE BEGINNING OF A TANGENT 767-FOOT RADIUS CURVE, CONCAVE WESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 46°53'48" AN ARC DISTANCE OF 627.79 FEET; THENCE TANGENT TO SAID CURVE NORTH 16°39'33" WEST 492.40 FEET TO THE BEGINNING OF A TANGENT 1433-FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE APRIL 18, 2002 EXHIBIT 'A' J.N.: 971057 PAGE 4 OF 11 NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 28°20'35" AN ARC DISTANCE OF 708.88 FEET; THENCE TANGENT TO SAID CURVE NORTH 11°41'02" EAST 230.97 FEET TO THE BEGINNING OF A TANGENT 433-FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 26°40'17", AN ARC DISTANCE OF 201.56 FEET; THENCE TANGENT TO SAID CURVE NORTH 38°21'19" EAST 179.90 FEET; THENCE LEAVING SAID EASTERLY LINE SOUTH 46°08'58" EAST 208.42 FEET; THENCE SOUTH 79°24'13" WEST 34.62 FEET; THENCE NORTH 83°55'19" WEST 149.66 FEET; THENCE SOUTH 67°58'52" WEST 58.43 FEET; THENCE SOUTH 21°11'49" WEST 93.91 FEET TO THE BEGINNING OF A TANGENT 103-FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 56°24'13", AN ARC DISTANCE OF 101.40 FEET TO THE BEGINNING OF A REVERSE 110-FOOT RADIUS CURVE, CONCAVE WESTERLY, A RADIAL TO WHICH BEARS NORTH 54°47'36" EAST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 29°20'40", AN ARC DISTANCE OF 56.34; THENCE TANGENT TO SAID CURVE SOUTH 05°51'44" EAST 110.53 FEET; THENCE SOUTH 14°00'14" EAST 64.16 FEET; THENCE SOUTH 22°36'40" EAST 168.86 FEET; THENCE SOUTH 02°27'49" EAST 190.77 FEET; THENCE SOUTH 22°14'36" EAST 151.66 FEET; THENCE SOUTH 47°37'03" EAST 75.43 FEET; THENCE SOUTH 84°51'27" EAST 65.31 FEET; THENCE NORTH 77°41'40" EAST 116.59 FEET; THENCE SOUTH 68°44'36" EAST 105.98 FEET; THENCE SOUTH 05°13'15" EAST 97.02 FEET; THENCE SOUTH 05°13'15" EAST 50.27 FEET; THENCE SOUTH 35°43'38" WEST 260.57 FEET; THENCE SOUTH 86°31'24" WEST 72.55 FEET; THENCE SOUTH 35°15'46" WEST 188.61 FEET; THENCE SOUTH 18°53'28" WEST 176.51 FEET; THENCE SOUTH 00°24'34" EAST 155.73 FEET; THENCE SOUTH 12°28'14" EAST 153.29 FEET; THENCE SOUTH 16°10'41" WEST 170.50 FEET; THENCE SOUTH 36°27'37" WEST 118.02 FEET; THENCE SOUTH 18°45'25" WEST 154.09 FEET; THENCE SOUTH 39°22'32" WEST 161.67 FEET; THENCE SOUTH 18°12'53" WEST 87.92; THENCE NORTH 80°07'56" WEST 100.97 FEET TO THE TRUE POINT OF BEGINNING. AREA = 13.40 ACRES PARCEL 'E' BEGINNING AT THE SOUTHEASTERLY CORNER OF PARCEL 'A' OF PARCEL MAP NO. 13427, SAID POINT LYING ON THE NORTHERLY RIGHT-OF-WAY OF ALGA ROAD, SAID POINT BEING ALSO THE TRUE POINT OF BEGINNING; THENCE NORTHERLY ALONG THE EASTERLY LINE OF SAID PARCEL 'A' NORTH 02°23'45" WEST 4.28 FEET; THENCE NORTH 03°23'29" WEST 62.91 FEET; THENCE LEAVING SAID EASTERLY LINE NORTH 12°54'59" EAST 248.06 FEET; THENCE NORTH 11°23'47" EAST 577.31 FEET; THENCE NORTH 16°27'42" EAST 88.63 FEET; THENCE NORTH 12°28'06" EAST 391.16 FEET; THENCE NORTH 83°02'10" EAST 84.55 FEET; THENCE SOUTH 38°52'29" EAST 82.82 FEET; THENCE NORTH 80°57'15" EAST APRIL 18, 2002 EXHIBIT 'A' J.N.: 971057 PAGE 5 OF 11 V 120.99 FEET; THENCE SOUTH 03°06'14" WEST 164.63 FEET; THENCE SOUTH 66°13'02" EAST 123.71 FEET; THENCE NORTH 72°34'18" EAST 152.76 FEET; THENCE SOUTH 78°44'04" EAST 94.17 FEET; THENCE NORTH 62°01'42" EAST 39.47 FEET; THENCE SOUTH 71°18'33" EAST 192.17 FEET; THENCE SOUTH 81°28'33" WEST 86.23 FEET; THENCE SOUTH 65°49'19" WEST 82.62 FEET; THENCE SOUTH 54°03'29" WEST 83.74 FEET; THENCE SOUTH 35°17'03" WEST 84.43 FEET; THENCE SOUTH 17°30'12" WEST 269.12 FEET; THENCE NORTH 82°23'02" WEST 225.30 FEET; THENCE SOUTH 24°39'28" WEST 189.94 FEET; THENCE SOUTH 07°07'27" WEST 212.44 FEET; THENCE SOUTH 16°38'56" EAST 227.23 FEET; THENCE SOUTH 42°48'02" EAST 94.87 FEET; THENCE NORTH 78°04'54" EAST 100.25 FEET; THENCE SOUTH 45°56'11" EAST 32.27 FEET; THENCE SOUTH 10°09'51" EAST 323.09 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF ALGA ROAD; THENCE WESTERLY ALONG SAID RIGHT-OF-WAY NORTH 50°45'54" WEST 109.47 FEET TO THE BEGINNING OF A TANGENT 1051- FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE WESTERLY ALONG SAID RIGHT-OF-WAY, ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 37°06'52", AN ARC DISTANCE OF 680.81 FEET TO THE TRUE POINT OF BEGINNING. AREA = 15.72 ACRES PARCEL BEGINNING AT THE SOUTHWEST CORNER OF PARCEL 'A' OF SAID PARCEL MAP NO. 13427, SAID POINT LYING ON THE NORTHERLY RIGHT-OF-WAY OF ALGA ROAD; THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID PARCEL 'A' NORTH 05°10'15" EAST 408.81 FEET TO THE BEGINNING OF A TANGENT 1000-FOOT RADIUS CURVE, CONCAVE WESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 10°20'21", AN ARC DISTANCE OF 180.45 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 84°49'54" WEST 61.53 FEET; THENCE NORTH 24°36'57" WEST 90.00 FEET; THENCE NORTH 35°49'44" EAST 116.54 FEET TO POINT W , THE BEGINNING OF A NON-TANGENT 1000- FOOT RADIUS CURVE, CONCAVE WESTERLY, A RADIAL LINE TO WHICH BEARS NORTH 74°52'47" EAST, SAID POINT LYING ON THE WESTERLY LINE OF SAID PARCEL 'A' ; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 09°57'07", AN ARC DISTANCE OF 173.69 FEET TO THE TRUE POINT OF BEGINNING. AREA = 0.24 ACRES PARCEL BEGINNING AT POINT 'A' IN PARCEL 'F' ABOVE, A POINT ON A 1000-FOOT RADIUS CURVE, CONCAVE WESTERLY, A RADIAL TO WHICH BEARS NORTH 74°52'47" APRIL 18, 2002 EXHIBIT 'A' J.N.: 971057 PAGE 6 OF 11 EAST; THENCE NORTHERLY ALONG THE WESTERLY LINE OF PARCEL 'A' OF PARCEL MAP NO. 13427, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 00°58'32", AN ARC DISTANCE OF 17.03 FEET; THENCE NORTH 16°05'45" WEST 72.57 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID WESTERLY LINE NORTH 29°19'56" WEST 144.76 FEET; THENCE NORTH 04°56'42" WEST 346.96 FEET; THENCE NORTH 04°56'42" WEST 38.10 FEET; THENCE NORTH 59°54'03" WEST 125.49 FEET; THENCE NORTH 39°31'16" EAST 96.40 FEET; THENCE SOUTH 63°31'01" EAST 50.28 FEET; THENCE SOUTH 21°08'29" EAST 172.15 FEET; THENCE SOUTH 62°02'04" EAST 54.55 FEET TO POINT XB' , A POINT ON THE WESTERLY LINE OF SAID PARCEL 'A' OF SAID PARCEL MAP NO. 13427; THENCE SOUTHERLY ALONG SAID WESTERLY LINE SOUTH 29°13'47" WEST 51.05 FEET TO THE BEGINNING OF A TANGENT 300-FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 45°19'32", AN ARC DISTANCE OF 237.32 FEET; THENCE TANGENT TO SAID CURVE SOUTH 16°05'45" EAST 171.05 FEET TO THE TRUE POINT OF BEGINNING. AREA = 0.70 ACRES PARCEL * BEGINNING AT POINT 'B' IN PARCEL XG' ABOVE; THENCE NORTHERLY ALONG THE WESTERLY LINE OF PARCEL W OF PARCEL MAP NO. 13427 NORTH 29°13'47" EAST 9.61 FEET TO THE BEGINNING OF A TANGENT 800-FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 26°35'10", AN ARC DISTANCE OF 371.21 FEET; THENCE TANGENT TO SAID CURVE NORTH 02°38'37" EAST 131.14 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID WESTERLY LINE NORTH 87°21'14" WEST 24.09 FEET; THENCE NORTH 25°50'22" WEST 301.57 FEET; THENCE NORTH 09°01'57" WEST 149.59 FEET; THENCE NORTH 27°28'54" WEST 95.90 FEET; THENCE NORTH 05°13'29" WEST 230.01 FEET; THENCE NORTH 12°06'56" EAST 46.72 FEET; THENCE NORTH 75°13'03" EAST 180.43 FEET TO POINT XC', A POINT ON A 450-FOOT RADIUS CURVE, CONCAVE WESTERLY, A RADIAL TO WHICH BEARS NORTH 67°55'08" EAST, SAID POINT LYING ON THE WESTERLY LINE OF SAID PARCEL 'A' OF SAID PARCEL MAP NO. 13427; THENCE SOUTHERLY ALONG SAID WESTERLY LINE, ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 28°55'11", AN ARC DISTANCE OF 227.13 FEET TO THE BEGINNING OF A REVERSE 600-FOOT RADIUS CURVE, CONCAVE EASTERLY, A RADIAL TO WHICH BEARS NORTH 83°09'41" WEST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 19°54'19", AN ARC DISTANCE OF 208.45 FEET; THENCE TANGENT TO SAID CURVE SOUTH 13°04'00" EAST 54.28 FEET TO THE BEGINNING OF A TANGENT 600-FOOT RADIUS CURVE, CONCAVE WESTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 15°42'37", AN APRIL 18, 2002 EXHIBIT XA' J.N.: 971057 PAGE 7 OF 11 ARC DISTANCE OF 164.52 FEET; THENCE TANGENT TO SAID CURVE SOUTH 02°38'37" WEST 180.27 FEET TO THE TRUE POINT OF BEGINNING. AREA = 2.85 ACRES PARCEL * BEGINNING AT POINT 'C' IN PARCEL 'H' ABOVE, A POINT ON A 450-FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, A RADIAL TO WHICH BEARS NORTH 67°55'08" EAST, SAID POINT LYING ON THE WESTERLY LINE OF PARCEL AA' OF PARCEL MAP NO. 13427; THENCE NORTHWESTERLY ALONG SAID WESTERLY LINE, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 15°48'05", AN ARC DISTANCE OF 124.10 FEET; THENCE NORTH 37°52'57" WEST 221.05 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID WESTERLY LINE SOUTH 52°07'03" WEST 76.16 FEET; THENCE NORTH 39°05'42" WEST 153.71 FEET; THENCE NORTH 47°06'22" WEST 166.21 FEET TO A POINT OF THE WESTERLY LINE OF SAID PARCEL AA' OF SAID PARCEL MAP NO. 13427; THENCE SOUTHERLY ALONG SAID WESTERLY LINE SOUTH 74°16'51" EAST 47.21 FEET TO THE BEGINNING OF A TANGENT 400-FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 36°23'54", AN ARC DISTANCE OF 254.11 FEET; THENCE TANGENT TO SAID CURVE SOUTH 37°52'57" EAST 42.38 FEET TO THE TRUE POINT OF BEGINNING. AREA = 0.41 ACRES PARCEL BEGINNING AT THE SOUTHEAST CORNER OF SAID PARCEL 3; THENCE NORTH 89°13'50" WEST, ALONG THE SOUTHERLY LINE OF SAID PARCEL 3, 305.45 FEET; THENCE SOUTH 60°39'42" EAST, ALONG THE NORTHERLY LINE OF SAID 200-FOOT SDG&E EASEMENT 48.61 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTHERLY LINE SOUTH 60°39'42" EAST 501.18 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF ALGA ROAD, SAID POINT LYING ON A NON-TANGENT 949-FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, A RADIAL TO WHICH BEARS SOUTH 42°44'41" EAST; THENCE SOUTHWESTERLY ALONG SAID NORTHERLY RIGHT-OF-WAY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE . OF 20°03'17", AN ARC DISTANCE OF 332.17 FEET; THENCE LEAVING SAID RIGHT-OF-WAY LINE NORTH 05°04'14" WEST 111.44 FEET; THENCE NORTH 46°04'17" WEST 118.42 FEET; THENCE NORTH 60°42'13" WEST 276.22 FEET; THENCE NORTH 36°22'02" EAST 141.19 FEET; THENCE SOUTH 79°11'50" EAST 95.14 FEET TO THE TRUE POINT OF BEGINNING. AREA =2.44 ACRES APRIL 18, 2002 EXHIBIT W J.N.: 971057 PAGE 8 OF 11 PARCEL 'K' BEGINNING AT THE SOUTHEAST CORNER OF SAID PARCEL 3; THENCE NORTH 89°13'50" WEST, ALONG THE SOUTHERLY LINE OF PARCEL 3, 305.45 FEET; THENCE CONTINUING NORTH 89°13'50" WEST 107.70 FEET; THENCE NORTH 36°22'02" EAST 3.67 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 36°22'02" WEST 123.47 FEET; THENCE NORTH 60°42' 13" WEST 171.27 FEET; THENCE NORTH 78°19'27" WEST 21.66 FEET; THENCE NORTH 63°36'06" WEST 237.98 FEET; THENCE NORTH 58°18'58" EAST 82.61 FEET; THENCE NORTH 49°19'22" EAST 29.52 FEET; THENCE NORTH 32°55'40" EAST 124.69 FEET; THENCE NORTH 35°19'55" EAST 81.66 FEET; THENCE NORTH 18°17'15" EAST 179.69 FEET; THENCE NORTH 03°28'13" EAST 97.49 FEET; THENCE NORTH 12°06'37" WEST 100.44 FEET TO THE BEGINNING OF A TANGENT 285-FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 26°09'12" , AN ARC DISTANCE OF 130.09 FEET TO POINT AD' ; THENCE NON-TANGENT TO SAID CURVE NORTH 54°15'07" EAST 100.82 FEET; THENCE SOUTH 06°23'13" EAST 26.53 FEET; THENCE SOUTH 12°57'45" EAST 70.93 FEET; THENCE SOUTH 38°00'41" EAST 158.78 FEET; THENCE SOUTH 43°43'33" EAST 145.78 FEET; THENCE SOUTH 01°57'47" WEST 81.54 FEET; THENCE SOUTH 24°25'14" WEST 229.94 FEET; THENCE SOUTH 49°57'19" WEST 152.67 FEET; THENCE SOUTH 03°25'18" EAST 86.62 FEET; THENCE SOUTH 39°02'59" EAST 54.34 FEET; THENCE SOUTH 79°11'50" EAST 141.54 FEET TO THE TRUE POINT OF BEGINNING. AREA =3.97 ACRES PARCEL 'L' BEGINNING AT POINT VD' IN PARCEL XK' ABOVE; SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE NORTH 38°15'49" WEST 116.73 FEET TO THE BEGINNING OF A TANGENT 550-FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 39°17'28" AN ARC DISTANCE OF 377.17 FEET; THENCE NON-TANGENT TO SAID CURVE NORTH 07°34'59" EAST 20.00 FEET; THENCE NORTH 25°15'42" EAST 110.81 FEET TO THE BEGINNING OF A TANGENT 440-FOOT RADIUS CURVE, CONCAVE WESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 29°01'48", AN ARC DISTANCE OF 222.93 FEET; THENCE TANGENT TO SAID CURVE NORTH 03°46'06" WEST 59.15 FEET; THENCE NORTH 13°20'13" EAST 20.00 FEET; THENCE NORTH 32°02'43" EAST 33.43 FEET TO THE BEGINNING OF A TANGENT 260-FOOT RADIUS CURVE, CONCAVE WESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 68°12'12", AN ARC DISTANCE OF 309.50 FEET; THENCE TANGENT TO SAID CURVE NORTH 36°09'29" WEST 118.67 FEET; THENCE NORTH 03°41'44" EAST 16.95 FEET; THENCE NORTH 70°49'45" EAST 198.64 FEET; THENCE NORTH APRIL 18, 2002 J.N.: 971057 EXHIBIT W PAGE 9 OF 11 13°12'20" EAST 126.66 FEET; THENCE NORTH 59°12'11" EAST 85.31 FEET; THENCE SOUTH 33°17'12" WEST 63.78 FEET; THENCE SOUTH 14°21'05" EAST 85.60 FEET; THENCE SOUTH 69°33'47" EAST 95.52 FEET; THENCE SOUTH 20°18'29" EAST 62.46 FEET; THENCE SOUTH 62°46'29" EAST 84.76 FEET; THENCE NORTH 83°17'01" EAST 75.45 FEET; THENCE SOUTH 72°59' 53" EAST 148.97 FEET; THENCE SOUTH 87°49'18" EAST 58.87 FEET; THENCE SOUTH 19°21'29" WEST 64.50 FEET; THENCE SOUTH 44°27'55" WEST 99.20 FEET; THENCE NORTH 82°02'28" WEST 183.13 FEET; THENCE NORTH 41°01'13" WEST 52.13 FEET; THENCE NORTH 80°33'17" WEST 45.42 FEET; THENCE SOUTH 63°00'56" WEST 43.31 FEET TO THE BEGINNING OF A TANGENT 125-FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 123°30'33", AN ARC DISTANCE OF 269.46 FEET; THENCE NON-TANGENT TO SAID CURVE SOUTH 32°58'35" WEST 43.77 FEET; TO THE BEGINNING OF A TANGENT 195-FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 52°18'44", AN ARC DISTANCE OF 178.04 FEET; THENCE NON-TANGENT TO SAID CURVE SOUTH 02°41'12" WEST 198.80 FEET; THENCE SOUTH 23°06'50" WEST 132.32 FEET TO THE BEGINNING OF A TANGENT 234-FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 37°19'50", AN ARC DISTANCE OF 152.46 FEET; THENCE TANGENT TO SAID CURVE SOUTH 14°13'00" EAST 118.04 FEET; THENCE SOUTH 11°32'12" WEST 69.76 FEET; THENCE SOUTH 54°15'07" WEST 100.82 FEET TO THE TRUE POINT OF BEGINNING. AREA =8.68 ACRES PARCEL BEGINNING AT THE SOUTHEAST CORNER OF SAID PARCEL 3; THENCE NORTH 00°42'52 EAST, ALONG THE EASTERLY LINE OF SAID PARCEL 3, 1328.80 FEET; THENCE CONTINUING ALONG SAID EASTERLY LINE NORTH 00°39'40" EAST 904.74 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID EASTERLY LINE NORTH 58°01'18" WEST 88.18 FEET; THENCE NORTH 74°29'33" WEST 124.07 FEET; THENCE NORTH 64°04'06" WEST 84.76 FEET; THENCE NORTH 34°48'28" EAST 48.03 FEET TO THE BEGINNING OF A TANGENT 58-FOOT RADIUS CURVE, CONCAVE WESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 91°22'58" AN ARC DISTANCE OF 92.51 FEET; THENCE NORTH 56°34'30" WEST 81.40 FEET; THENCE NORTH 76°18'42" WEST 60.43 FEET; THENCE NORTH 03°03'19" EAST 13.11 FEET TO THE BEGINNING OF A NON- TANGENT 70-FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, A RADIAL TO WHICH BEARS NORTH 67°31'04" EAST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 78°34'45" AN ARC DISTANCE OF 96.00 FEET; THENCE NON-TANGENT TO SAID CURVE NORTH 61°22'40" WEST 12.75 FEET; THENCE NORTH 49°53'57" EAST 84.32 FEET; THENCE NORTH 68°58'06" EAST APRIL 18, 2002 EXHIBIT W J.N.: 971057 PAGE 10 OF 11 227.42 FEET; THENCE NORTH 39°22'04" EAST 64.31 FEET; THENCE SOUTH 74°04'42" EAST 37.13 FEET; THENCE NORTH 77°21'54" EAST 130.56 FEET TO A POINT ON THE EASTERLY LINE OF SAID PARCEL 3; THENCE SOUTHERLY ALONG SAID EASTERLY LINE, SOUTH 00°42'03" WEST 138.19 FEET; THENCE SOUTH 00°39'40" WEST 424.03 FEET TO THE TRUE POINT OF BEGINNING. AREA =3.37 ACRES W:\MSOFFICE\WINWORD\971057\Parcels A-M.Igl.doc APRIL 18, 2002 EXHIBIT W J.N.: 971057 PAGE 11 OF 11 5900 Posteur Court Suite 100 Carlsbad, Californio 92008 760-931-7700 Fox: 760-931-8680 www.odayconsultant3.com Civil Engineering Planning ressing Surveying EASEMENT DEDICATION 213-030-11 215-021-07 215-030-06 215-030-14 215-031-08 215-031-13 215-052-15 215-061-01 215-061-09 215-480-02 215-480-03 SHT. 1 OF 18 SHTS REQUESTED BY: MORROW DEVELOPMENT P.O. BOX 9000-685 CARLSBAD, CA 92008-9000 PREPARED BY: TIMOTHY 0. CARROLL. JR. LS. 7700 EXP. 12/31/04 APN SEE ABOVE* DATE 10-16-00 ©2002 <JDay Consultants, tec.G'\JOBS\97105709\9602P01.DVG 4-19-2002 l!44>38 pn EST 0' 500' SCALE: 1" = 500' VICINITY MAP NO SCALE DETAIL A NO SCALE EASEMENT TABLE EXHIBIT 'B' ©2002 Ottoy Ceasu&ate. tec.. EASEMENT DEDICATION A.P.N. 213-030-11 A.P.N. 215-021-07 A.P.N. 215-030-06 A.PM 215-030-14 A.P.N. 215-031-08 A.P.N. 215-031-13 A.P.N. 215-052-15 A.P.N. 215-061-01 A.P.N. 215-061-09 A.P.N. 215-480-02 A.P.N. 215-480-03 SHT. 2 OF 18 SHTS. REQUESTED BY: MORROW DEVELOPMENT P.O. BOX 9000-685 CARLSBAD, CA 92008-9000 PREPARED BY: TIMOTHY 0. CARROLL. JR. LS. 7700 EXP. 12/31/04 A P N SEE ABOVE* DATE 10-16-00 Gi\JDBS\97105709\960aPOa.DWG 4-19-03 12i47'57 pn EST t * ', 1^>) / 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 g| 'A ' %4 TA DELTA/BEARING S 8917'46" E S 02'29'56'' W A=18'5012* S 15'51'20'E S 08'39'57" W S 16'36'14" E S 2oV7'52"E S 0413'44" W S 11V1'07" W S 01'52'28" E S 45'57'35" W S 30'38'55" W N 62'42'04" W S 29'50'W W A 1 'jl 'B'4 1 *0ff"A—l'to'HZO N 01"28'22" W A=64'42'47" N 6611'09" W S 52'39'05" W N 8618'38"W N 44-52'39a W S 48'33'50" W S 19V2'15" E S 26'44'5r W N 76W08" W S 0510'50" E S 4412'41° W S 07-20'W E S 64'49'37tt E S 07-23'5r E o&&>? CONSULT A^M T S 5900 Pasteur Court Civil EngineeringSuite 100 Planning Carlsbad. California 92008 Processing760-931-7700 Surveying Fox: 760-931-8680 www.odoyconsultonts.com REQUESTED BY: MORROW DEVELOPMENT P.O. BOX 9000-685 CARLSBAD, CA 92008-9000 RADIUS 856.88' 53.00' 38.00' LENGTH 740.84' 11.77' 281.71' 238.57' 112.67' 136.62' 111.21' 193.26' 149.37' 104.79' 246.23' 87.41' 52.34' 81.87' 137.54' 64.65' 42.92' 62.29' 94.72' 213.50' 121.00' 128.00' 268.83' 107.85' 115.16' 403.60' 117.45' 82.10' 272.58' 240.83' **. ^T © 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 DELTA/BEARING S 12-47'04" W S 44-22'38* E SJO'44'42"E S 50V4'54" W N 89'3f46" W L_ N 6313'45" W S 76'44'02" W S 30-47'24" W S 80VO'59" W N 6216'04" W S 77W02" W S 03'30'50" W S 6712'50" W N 73'57'28>> W S 71-38'31" W S 52W39" W S 21?4'35" W S 56'49'41" W S W'36'04" W S 46-16'39" W S 24'49'14" W S 55'22'33" W A=0218r59" N 00'32'23"E S 67'44'36" E N ss^s'oe" E N 4014'57" ' E S 65W20" E S 4715'08" E N 7610'09" E RAD/US 6905.31' \ \ NO. 7700 \-A\ EXP. 12/31/04 VX\^^^XN EXHIBIT 5B' ^^^LS^ EASEMENT PREPARED BY: TIMOTHY 0. CARROLL JR. L.S. 7700 EXP. 12/31/04 DEDICATION LENGTH 354.43' 298.19' 113.08' 29.64' 83.70' 50.33' 256.34' 138.73' 150.69' 32.93' 93.38' 26.90' 152.86' 39.89' 120.06' 157.62' 183.91' 214.38' 91.39' 441.01' 172.62' 83.26' 279.17' 1868.48' 128.37' 226.92' 189.21' 68.00' 161.42' 85.12' by SHT. 3 OF 18 SHTS. A.F3 N DATE 10-16-00 G'\JOBS\97105709\9602P03.DWG 4-19-8002 12'53'58 pn PST 01 AT_F\ATA .=••- PARCEL /P DATA ® 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 DELTA/BEARING N 40-30'34" E N 09-29'49" E N 12"24'13" W N 04'47'42" W N 89-13'54" E N 29'32'27" E N OS'S f 00" W N 60?3'54* W N 36-23'57" E N S020'J8° E N 36'36'LH* E N 20-48'37" E N 0517'57" W N 0515'20" E N 29W51" E N 69-15'40"E S 78V4'26" E S 43-31 '02* E S 84-21'31" E N 70'59'OJ" E N 22'48'59" E N 01'48'56S W N 16'38'5r W N 02-38'02" E Q*&£~? CONSUL A>H T S 59OO PaSteur Court Civil Engineering Suite 100 Planning Carlsbad, Ca«a«ua 92Q08 Processing 760-931 -7700 Surveying Fox: 760-931-8680 www.odoyconsullonts.com REQUEST MORROW D! P.O. BOX 9 CARLSBAD, ED ff ;VELOP noo FUUU C CA Y: MENT .85 32008-9000 RADIUS LENGTH 106.15' 73.14' 186.14' 263.74' 65.25' 134.15' 58.90' 133.56' 359.83' 145.52' 165.74' 138.41' 164.64' 160.56' 104.11' 184.61' 113.82' 66.47' 90.83' 95.57' 99.54' 117.24' 343.89' 160.48' \ \ NO. 7700 J I V^\ EXP. 12/31/04 J*^l EXHIBIT 'B' ^^^^ EASEMENT DEDICATION OLJT . ^ .a CUTCbnl. 4 Ur lo ohllo PREPARED BY: TIMOTHY 0. CARROLL, JR. A P M LS. 7700 EXP. 12/31/04 DATE 10-16-UU .. Gi\JOBS\97105709\960eP04.DWG 4-19-2003 MSi55 pn PST -T.P.O.B. i PARCEL 1 PM 1188 .—N_g9-18'53" W 2180.00^ 89'34'35" W * 445.18' PARCEL 3 PM 1188 CITY OF OCEANS1DE NOTE: SEE SHEET No. 18 FOR EASEMENT TABLE PACIFIC OCEAN CITY OF ENCINITAS VICINITY MAP NO SCALE CONSULT 5900 Pasteur CouH Suite 100 Cartsbod, California 92008 760-931-7700 Fox: 760-931-8680 www.odoyconsultont3.com Civil Engin Plonninq Processing Surveying eering EXHIBIT *B' EASEMENT DEDICATION PARCEL A SEE SHEET 2 PARCEL '€' 0' 500' SCALE: 1" = 500' A.P.N. A.P.N. A.P.N. A.P.N. A.P.N. A.P.N. A.P.N. A.P.N. A.P.N. A.P.N. A.P.N. 213-030-11 215-021-07 215-030-06 215-030-14 215-031-08 215-031-13 215-052-15 215-061-01 215-061-09 215-480-02 215-480-03 SHT. 5 OF 18 SHTS REQUESTED BY: MORROW DEVELOPMENT P.O. BOX 9000-685 CARLSBAD, CA 92008-9000 PREPARED BY: TIMOTHY 0. CARROLL. JR. LS. 7700 EXP. 12/31/04 A.P.N.SEE ABOVE* DATE 10-16-00 &\jrjBS\97105709\960aP05,DWG 4-19-02 1>07.03 pn EST XREFS: 9602P; 9602HCP5; 9602AMAP *PARCEL ©/ 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 'B' DA DELTA/BEARING S 2714'08" E S 56-24'22" E S 1613'59" E S 38V7'28"W S01-53'05°E S 14'35'00" S 46-27'07" S OOVf'OJ" W W W S 30'42'21" E S 64'43'57" E N 74'51'28" E N 23'31'48" E N 64"25'27" E S 56-25'03" E N 86-04'30" E N 29'40'00" E N 5513'58*' E N 3418'43" E S 44V f 53" E S 08"23'43K S 87'38'09" S 4612'31" W W W S06?7'30° E S 39'42'26" S 28W37" O&&? CONSUL A'N T S 5900 Pasteur Court Civil Engineering Suite 100 Planning Carlsbad, Californa 92008 Prowssinq760-931 -7700 Surveying Fax: 760-931-8680 www.odQyconauttQnls.com REQUESTED BY: MORROW DEVELOPMENTp.o; BOX 9000-^85 CARLSBAD, CA 92008-9000 W W RADIUS TA LENGTH 60.09' 83.91' 69.70' 147.32' 135.60' 175.78' 79.09' 165.03' 228.86' 198.83' 63.11' 244.44' 121.32' 38.17' 216.75' 114.43' 75.51' 194.55' 76.39' 87.86' 91.50' 136.10' 40.64' 60.00' 106.50' ft PARCEL $B* © 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 DELTA/BEARING N 59'47'14" W S 70'05'41" W S 23V1'35" W S 42'56'18" W S W'45'54" W S 34-52'35" E S 77'59'23" W N SS'SJ'Jf W S 71'47'04" W N 3829'04" W N 57'38'48" W N 07'43'39" W N ff0157'5f" W S 71'33'25" W N 60'50'03" W N 26'41'48" W N 09'37'26" W N 09'39'32" E N 03'24'04" W N 07'59'5r ' E N 1614'23" E N 28'35'49" E N 49-58'41°E N 38-27'W E DATA RADIUS \^(§ '+ li ''' I I NO. 7700 \*\ EXP- 12/31/04 EXHIBIT 'B' ^^^ EASEMENT DEDICATION PREPARED BY: TIMOTHY 0. CARROLL. JR. LS. 7700 EXP. 12/31/04 LENGTH 60.82' 95.11' 71.39' 128.66' 163.60' 186.21' 148.80' 105.77' 98.46' 130.62' 88.07' 75.70' 55.47' 65.38' 117.88' 180.33' 161.16' 116.13' 233.53' 82.77" 121.59' 117.28' 62.97' 195.63' |y SHT. 6 OF A.P.N 18 SHTS DATE 10-tfeOa Gi\JDBS\97105709\9602P06.DWG 4-19-2008 12.5460 pn PSI P.O.B. PARCEL 1 1188 NOTE: SEE SHEET No. 18 FOR EASEMENT TABLE PARCEL 3 PM\\1188 PAHCZL A PM 13427 PARCEL 3 PM 1188 o' soo' SCALE: 1" = 500' VICINITY MAP NO SCALE 5900 Pasteur Court Suite 100 Carlsbad. California 92008 760-931-7700 Fox: 760-931-8680 www.odayconsuttoi7ts.com Civil Engineering Plonning ProcessingSurveying EXHIBIT 5B' EASEMENT DEDICATION A.P.N. 213-030-11 A.P.N. 215-021-07 A.P.N. 215-030-06 A.P.N. 215-030-14 A.P.N. 215-031-08 A.P.N. 215-031-13 A.P.N. 215-052-15 A.P.N. 215-061-01 A.P.N. 215-061-09 A.P.N. 215-480-02 A.P.N. 215-480-03 SHT. 7 OF 18 SHTS REQUESTED BY: MORROW DEVELOPMENT P.O. BOX 9000-685 CARLSBAD, CA 92008-9000 PREPARED BY: TIMOTHY 0. CARROLL JR. L.S. 7700 EXP. 12/31 /04 A P M SEE ABOVE* DATE 10-16-00 G>\JDBS\97105709\960eP07.DVG 4-19-2002 M4>34 pn EST QrWP- QfiWHCP* QfilWAWAP ( ^ ' ' (fio) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 • 'C' DA DELTA/BEARING S 00-40'31" W S 00'42'03" W N 35-49'Oa" W N 8813'54" W N 36'34'37" N 79-54'26" S 89V5'22" S 72'22'23" N 65W29* N 37'05'28" W W W W W E N 18-51 '33" W N 32W14" W N 77-28'43" N 39-29'02" S 84V1'29" S 21'42'51" S 36'48'04" S 8J'20'03" S 0613'57" o*&&*? CONSULT A'N T S 5900 Pasteur Court Civil Engineering Suite 100 Planning Carlsbad, California 92008 Processing 760-931 -7700 Surveying Fdx: 760-931-8680 w w w.odaycon a ulta nts.com REQUESTED BY: MORROW DEVELOPMENT P.O. BOX 9000-685 CARLSBAD, CA 92008-9000 W W W W W W W RADIUS TA LENGTH 168.49' 1197.24' 82.80' 158.74' 58.94' 195.94' 132.00' 87.70' 83.03' 144.60' 124.20' 124.93' 113.39' 76.75' 81.40' 67.59' 105.76' 72.49' 76.79' * PARCEL 'C' © 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 DELTA/BEARING S 36'31 '23" E S 30-20'05" W N 87'46'42" W S 59-27'17" W S 89-22'W W N 6318'08" W S 83'33'32" W S 49-49'04" W N 88-34'37* W N 7419'26" W N 5019'22" W N 38V7'46"E N 51-51'47" W N 39-27'27" W N 17-39'48" ' E N 76W45" E N 67-35'l7" E N 66-20'43'E DATA RADIUS LENGTH 142.02' 14.44' 169.50' 35.83' 145.81' 58.52' 85.82' 113.37' 184.62' 36.23' 182.07' 26.96' 233.37' 93.50' 19.93' 719.41' 560.68' 1121.08' I I NO. 7700 / I \ ^\ EXP. 12/31/04 J^j EXHIBIT 'B' X-51^X EASEMENT DEDICATION PREPARED BY: TIMOTHY 0. CARROLL, JR. LS. 7700 EXP. 12/31/04 SHT. 8 OF A.P 18 SHTS. N DATE 10-16-00 Gi\JQBS\97105709\9602P08.DWG 4-19-8008 18.55.05 pn PST NOTE: SEE SHEET No. 18 FOR EASEMENT TABLE PARCEL 3 PM 1188 / SCALE: 1" = 500' \ PARCEL 13.40 AC. PARCEL A PM 13427 VICINITY MAP NO SCALE 5900 Pasteur Court Civil Enginaering Suite 100 Planning Carlsbad. California 92008 Processing 760-931 -7700 Surveying Fax: 760-931-8680 www.odQyconsultants.com F\O.B.- EXHM3IT 'B' EASEMENT DEDICATION 213-030-11 215-021-07 215-030-06 215-030-14 215-031-08 215-031-13 215-052-15 215-061-01 215-061-09 215-480-02 215-480-03 SHT. 9 OF 18 SHTS REQUESTED BY: MORROW DEVELOPMENT P.O. BOX 9000-685 CARLSBAD, CA 92008-9000 PREPARED BY: TIMOTHY 0. CARROLL. JR. LS. 7700 EXP. 12/31/04 A.P.N. SEE ABOVE* DATE 10-16-00 &\JDBS\97105709\960aP09.DWG 4-19-2003 M5'33 pn PST XREFS: 9602P: 9602HCP5: 9602AMAP v <- ' 1 ^ PARCEL 7* (/£)/ 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 DELTA/BEARING N 02°23'44" W N 03'22'30" W N 12-54'59" E N U-23'47* E A=18W2B" N 3014'15* E 6=46-53-48* N 16'39'33* W A=28-20'35" N 11'4J'02"E A 9K'4017" N 38-21'W E S 46V8'58* E S 79"24'13" W N 83"55'19* W S 6758'52° W S 2ni'49* W 6=56-2413* A=29-20'40* S 05'51'44* E S 14W'14" E QfO£*j CONSULT A>NT S 5900 Posteur Court Civil Engineering Suite 100 Planning Cortsbfld. California 92008 Processing760-931 -7700 Surveying fox: 760-931-86SO www.odoyconsultonta.com REQUESTED BY: MORROW DEVELOPMENT P.O. BOX 9000-685 CARLSBAD, CA 92008-9000 RADIUS 433.00' 767.00' 1433.00' 433.00' 103.00' 110.00' LENGTH 4.28' 112.77' 200.00' 1087.49' 142.39' 286.65' 627,79' 492.40' 708.88' 230.97' 201.56' 179.90' 208.42' 34.62' 149.66' 58.43' 93.91' 101.40' 56.34' 110.53' 64.16' g^ PARCO. *B © 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 DELTA/BEARING S 22'36'40" E S 02"27'49* E S 2214'J6" E S 47'37'03" E S 84'51'27* E N 77'41'40* E S68'44'36" E S0513'15" E S 35'43'38" W S 86'31'24" W S 3515'46* W S 18'53'28" W S QO-24'34" E S12"28'14* E S WIO'41" W S 36^7'J7" W S 18'45'25K W S 39-22'32" W S 1812'53° W N 80V7'56" W ' DATA RADIUS EXHIBIT 'B' EASEMENT DEDICATION PREPARED BY: TIMOTHY 0. CARROLL, JR. L.S. 7700 EXP. 12/31/04 LENGTH 168.86' 190.77' 151.66' 75.43' 65.31' 116.59' 105.98' 147.29' 260.57' 72.55' 188.61' 176.51' 155.73' 153.29' 170.50' 118.02' 154.09' 161.67' 87.92' 100.97' x£"lANO~~5\/|^m / ~"J /^ '^£o( ^ \ \ NO. 7700 / \ ^X EXP. 12/31/00 J <fcl ^^j^SHT. 10 OF 18 SHTS A.P.N. PATF 10-16-00 Gi\JDBS\97105709\9602P10.DVG 4-19-2002 W6-SO PST NOTE: SEE SHEET No. 18 FOR EASEMENT TABLE 0' 500' SCALE: 1" = 300' PARCEL A , PM 13427 PARCEL PM 1188 \\ PARCEL 'E 15.72 AC. VICINITY MAP NO SCALE EXHIBIT 'B5900 Pasteur Court Suite 100 Carlsbad. California 92008 760-931-7700 Fox: 760-931-8680 www.odiiycon3ultant3.com EASEMENT DEDICATION 213-030-11 215-021-07 215-030-06 2J5-030-14 215-031-03 215-031-13 215-052-15 215-061-01 215-061-09 215-480-02 215-480-03 SHT. 11 OF 18 SHTS REQUESTED BY: MORROW DEVELOPMENT P.O. BOX 9000-685 CARLSBAD, CA 92008-9000 PREPARED BY: TIMOTHY 0. CARROLL. JR. LS. 7700 EXP. 12/31/04 A P M SEE ABOVE* DATE 10-16-00 Gi\JOBS\97105709\9602Pll.DWG 4-19-3008 1'18>34 pri P: XREFS: 9602P: 9602HCP5: 9602AMAP i «• > I * PARCEL '£" DA © DELTA/BEARING 1 N 02-23'45" W 2 N 03"23'29" W 3 N 12'54'59" E 4 N 11"23'47" E 5 N 16^42" E 6 N 12?8'06" E 7 N 83-02'W E 8 S 38'52'29" E 9 N 80"57'15" E 10 S 03W14" W 11 S 6613'02" E 12 N 72'34'18" E 13 S 78'44'04" E 14 N62V1'42"E 15 S 7/78'JJ" E o^o^? CONSUL' A'W T S 5900 Pasteur Court Civil Engineering Suite 100 Planning Carlsbad, California 92003 Processing 760-931 -7700 Surveying Fax: 760-931-8680 www.odQycon3ultant3.com REQUESTED BY: MORROW DEVELOPMENT P.O. BOX 9000-685 CARLSBAD, CA 92008-9000 RADIUS TA LENGTH 4.28' 62.91' 248.06' 577.31' 88.63' 391.16' 84.55' 82.82' 120.99' 164.63' 123.71' 152.76' 94.17' 39.47' 192.17' • PARCEL *E9 © 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 EXHIBIT ' DELTA/BEARING RAL 817833 W S 65'49'19" W — S 54V3'29" W — S 35 1 7 03 W 1730 12 W N 822302 W S 24'39'28" W — 070727 W 163856 E S 42'48'02" E — N 78V454 E 4556 11 E 10W51 E N 504554 W A=37V6'52" 105 I I NO. 7700 i \W\ EXP. 12/31/04 / B'^L*^ EASEMENT DEDICATION PREPARED BY: TIMOTHY 0. CARROLL, JR. LS. 7700 EXP. 12/31/04 / DATA WS LENGTH 86.23 82.62' 83.74' 84.43 269. 12 225.30 189.94' 212.44 227.23 — 94.87' 100.25 32.27 323.09 109.47 1.00 680.81' 3HT. 12 OF 18 SHTS \ P N DATE 10-16-00 &\JQBS\97105709\960aP12.BVG E002-4-18 an PST 0 ^ 500' SCALE: 1" = 500' PARCEL 'A' PM 13427 PARCEL 'G 0.70 AC. \\ PARCEL 3 PM 1188 N74'52'44"E (R) \\ 0.24 AC. PACIFIC OCEAN CITY OF ENCINITAS VICINITY MAP NO SCALE NOTE: SEE SHEET No. 18 FOR EASEMENT TABLE CONSULT T S 5900 Pasteur Court Civil Engineering Suite 100 Planning Carlsbad, California 92008 Processing 760-931-7700 Surveying Fox: 760-931-8680 www.odayconsultants.com EXHIBIT 'B' EASEMENT DEDICATION A.P.H. 213-030-11 A.P.N. 215-021-07 A.P.N. 215-030-06 A.P.N. 215-030-14 A.P.N. 215-031-08 A.P.N. 215-031-13 A.P.N. 215-052-15 A.P.N. 215-061-01 A.P.N. 215-061-09 A.P.N. 215-480-02 A.P.N. 215-480-03 SHT. 13 OF 18 SHTS REQUESTED BY: MORROW DEVELOPMENT P.O. BOX 9000-685 CARLSBAD, CA 92008-9000 PREPARED BY: TIMOTHY 0. CARROLL. JR. LS. 7700 EXP. 12/31/04 APKI SEE ABOVE* DATE 10-16-00 G<\JDBS\97105709\960eP13,DWG 4-19-2008 1>19'38 pn PST XREFS: 9602P: 9602HCP5; 9602AMAP /*&Aw/•^4,/•~j A? 1\^\EXVc£v V? HR-< •PARCEL 9F9, 969,'H* & r (ffi)/ 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 DELTA/BEARING N0510'15"E A=W2021" S84'49'54"W N24'36'57"W N35'49'44SE A=09'57V7" A=00'58'32" M6W'45"W N2919'56"W N04'56'42"W N59'54'03"W N39'31'16"E S63'31'01"E S21W29"E S62V2'04"E S2913'4rW A=4519'32" S16V5'45"E N2913'47"E A OK "7 '£A—Zo JO 10" N02'38'37"E <tH^ MO. 7700 I I P. 12/31/04 /•&/ W /HR-18N o*&&? CONSULT A^N T S 5900 Pasteur Court Civil Engineering Suite 100 PlanningCdMsbad, California 92QQS Processing 760-931-7700 Surveying Fox: 760-931-8680 www.odayconsultan s.com REQUESTED BY: MORROW DEVELOPMENT P.O. BOX 9000-685 CARLSBAD,CA 92008-9000 RADIUS 1000.00' 1000.00' 1000.00' ,. 300.00' 800.00' LENGTH 408.81' 180.45' 61.53' 90.00' 116.54' 173.69' 17.03' 72.57' 144.76' 385.06' 125.49' 96.40' 50.28' 172.15' 54.55' 51.05' 237.32' 171.05' 9.61' 371.21' 131.14' •PARCEL T, 9G9,9H9 & T DATA (NO) 22 23 24 25 26 27 28 29 30 31 32 33 34 35 38 37 38 39 40 41 DELTA/BEARING N87'21'14''W N25'50'22"W N09'01'57°W N27-28'54"W N0513'29"W N12W'56"E N7513'03"E A=28'5511" . f/31C>*#/5*/5 lyu^- 7" S13V4'00"E A 1 5*4.9 '^7*/J I\J *f£, \J/ S02'38'37*W A WdRY)*)"£j l\J tCJ \J\J N37-52'57"W S52V7'03aW N39V5'42"W N47V6'22"W S7416'51"E A=36'23'54': S3T52'57aE RADIUS 450.00' 600.00' 600.00' 450.00' 400.00' LENGTH 24.09' 301.57' 149.59' 95.90' 230.01' 46.72' 180.43' 227.13' 208.45' 54.28' 164.52' 180.27' 124.10' 221.05' 76.16' 153.71' 166.21' 47.21' 254.11' 42.38' EXHIBIT 'B' EASEMENT DEDICATION SRT ^ Qfr ^ SHTS PREPARED BY:TIMOTHY o. CARROLL, JR. LS. 7700 EXP. 12/31/04 A.P.N. DATE 10-16-00 &\JDBS\97105709\9602P14.DWG 4-19-E002 Ii21>08 pn PST DETAIL NTS SCALE: 1" = 500' NOTE: SEE SHEET No. 18 FOR EASEMENT TABLE PACIFIC OCEAN VICINITY MAP NO SCALE 5900 Pasteur Court Civil Engineering Suite 100 Planning Carlsbad. California 92008 Processing 760-931 -7700 Surveying Fox: 760-931-8680 www.odoyconsultont3.com ''EXHIBIT 'B EASEMENT DEDICATION 213-030-11 215-021-07 215-030-06 215-030-14 215-031-08 215-031-13 215-052-15 215-061-01 215-061-09 215-480-02 215-480-03 SHT. 15 OF 18 SHTS REQUESTED BY: MORROW DEVELOPMENT P.O. BOX 9000-685 CARLSBAD, CA 92008-9000 PREPARED BY: TIMOTHY 0. CARROLL. JR. LS. 7700 EXP. 12/31/04 A.P.N. SEE ABOVE* DATE 10-16-00 G<\JQBS\97105709\9602P15.DVG 4-19-2002 12<39'05 pn PST XREFS: 9602P: 9S02HCP5; 9602AMAP t *• * x^r^^ \r '*I \ NO. 7700 V&\ EXP. 12/31/04 ^^^ 4fc Xr * r/MH®/ 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 f\ /*/ y O%&*9 CONSULT ASM T S 5900 Pgstcur Court Civil Engineering Suite 100 Plonning Cortsbod. California 92008 Processing 760-931-7700 Surveying Fax: 760-931-8680 *r ww . adayeonsultantc .com REQUESTED BY: MORROW DEVELOPMENT P.O. BOX 9000-685 DELTA/BEARING N8913'50°W S60'39'42"E S60'J9'42aE A=20V317" N05V4'14°W N46V4'17°W N60'42'13"W N36'22'02''E S7911'50"E N8913'50"W N36'22'02"E S36'22'02aW N60'42'13"W N7819'27"W N63'36'06"W N5818'58''E N4919'22°E N32-55'40"E N3519'55"E N1817'15"E N03"28'13"E M2V6'37"W A=26W12U N5415'07*E soewtfE 26 S12-57'45"E 27 S38VO'41"E 28 S43'43'33"E 29 SOr57'47"W 30 S24'25'14"W 31 S49'57'19"W 32 S03'25'18"E 33 S39V2'59"E 34 S7911'50"E RADIUS 949.00' 285.00' LENGTH 305.45' 48.61' 501.18' 332.17' 111.44' J 18.42' 276.22' 141.19' 95.14' 107.70' 3.67" 123.47' 171.27 21.66' 237.98' 82.61' 29.52' 124.69' 81.66' 179.69' 97.49' 100.44' 130.09' 100.82' 26.53' 70.93' 158.78' 145.78' 81.54' 229.94' 152.67' 86.62' 54.34' 141.54' EXHIBIT 'B * fa) 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 PARCEL 'J', T & I9 DATA DELTA/BEARING N3815'49"W A=3917"28" N07'34'59"E N2515'42"E A=29V1'48" N03'46'06"W N13'20'13aE N32V2'43"E &=681212" N36V9'29*W N03'41'44"E N70'49'45"E M312'20"E N5912'11"E S3317'12"W S14"21'05"E S69'33'47*E S2018'29*E S62'46'29"E N8317'orE S72'59'53"E S87'49'18"E 319^1 '29"W S44'27'55"W N82V2'28aW N41'01'13aW N80'33'irw S63W'56"W A-1233033 S32'58'35"W A=5218'44" S02'4ri2"W S23V6'50"W A-3719W S1413'00"E SU'32'12"W • RADIUS 550.00' 440.00' 260.00' 125.00' 195.00' 234.00' LENGTH 116.73' 377.17' 20.00' 110.81' 222.93' 59.15' 20.00' 33.43' 309.50' 118.67' 16.95' 198.64' 126.66' 85.31' 63.78' 85.60' 95.52' 62.46' 84.76' 75.45' 148.97' 58.87' 64.50' 99.20' 183.13' 52.13' 45.42' 43.31' 269.46' 43.7T 178.04' 198.80' 132.32' 152.46' 118.04' 69.76' mm EASEMENT DEDICATION SHJ ^ Qp lfl SHTS PREPARED BY: TIMOTHY 0. CARROLL JR. CARLSBAD, CA 92008-9000 LS 77QO ^p 1 2/31/04 A.P.M SEE ABOVE* DATE 10-16-00 &\jnBS\97105709\9602P16.DWG 4-19-3003 12i36i44 pn PST -PARCEL 'M' UATA ®1 2 J 4 5 6 7 8 9 10 11 12 13 14 15 16 17 DELTA/BEARING N58V1'18*W N74-29'33"W N64V4'06°W N34'48'28"E A=91"22'58" N56'34'30"W N7618'42"W N03WWE A=78'34'45" N6T22'40"W N49'53'57"E N68-58'06"E N39-22'04"E S74V4'42"E N7771'54"E SOQm42'03"W SOO'39'40"W RADIUS 58.00' 70.00' LENGTH 88.18' 124.07' 84.76' 48,03' 92.51' 81.40' 60.43' 13.11' 96.00' 12.75' 84.32' 227.42' 64.31' 37.13' 130.56' 138.19' 424.03' 500' SCALE: 1" = 500' SEE SHEET No. 18 FOR EASEMENT TABLE CITY OF PACIFIC OCEAN CITY OF ENCINITAS VICINITY MAP NO SCALE CONSULT T S 5900 Postour Court Suite 100 Carlsbad, California 92008 760-931-7700 Fax: 760-931-8680 www.odoyconsultants.com Civil Engineering Planning Processing Surveying \PARCEL V x SHEET 15 EXHIBIT 'B' EASEMENT DEDICATION A.P.N. 213-030-11 A.P.N. 215-021-07 A.P.N. 215-030-06 A.P.N. 215-030-14 A.P.N. 215-031-08 A.P.N. 215-031-13 A.P.N. 215-052-15 A.P.N. 215-061-01 A.P.N. 215-061-09 A.P.N. 215-480-02 A.P.N. 215-480-03 SHT. 17 OF 18 SHTS REQUESTED BY: MORROW DEVELOPMENT P.O. BOX 9000-685 CARLSBAD, CA 92008-9000 PREPARED BY: TIMOTHY 0. CARROLL. JR. LS. 7700 EXP. 12/31/04 A.P.N. SEE ABOVE* DATE 10-16-00 G>\JOBS\97105709\9602P17.DWG 4-19-8002 Ml'57 pr> PST XREFS: 96Q2P: 9602HCP5; 9602AMAP EASL+NT NOTES: 9 . — TAMO — x. x^j }£--^Sfo\ AJ^y^C"- ^^^\v?\ f^/& \$\ 1 "^ i ^l 1 1 I NO. 7700 \ I \T&\ &P. 12/31/00 /jfey \J>Nv ^s^si/ ^o^$/ FIRST AMERICAN TITLE INSURANCE CO. PRELIMINARY TITLE REPORT / 1126323-11 DATED NOVEMBER 24, 1998 ITEM 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 21 22 23 25 26 A 27 38 39 40 41 44 PURPOSE POWER ROAD POWER POWER POWER POWER POWER POWER WATER WATER SEWER POWER POWER SLOPE/DRAINAGE POWER CABLE TV CABLE TV ROAD/DRAINAGE WATER SEWER ROAD/SLOPES UTILITIES SEWER TELEPHONE POWER SEWER SEWER SEWER PARK OWNER SDG&E COUNTY SDG&E SDG&E SDG&E SDG&E SDG&E SDG&E CMWD CMWD SMCWD SDG&E SDG&E COUNTY SDG&E DANIELS DANIELS CARLSBAD CMWD LCWD CARLSBAD PRIVATE SMCWD PACIFIC BELL SDG&E CARLSBAD CARLSBAD VWD CARLSBAD DOCUMENT BK 798, PG 241 BK 1514, PG 145 BK 5179, PG 433 BK 5207, PG 158 BK 5208, PG 399 BK 5212, PG 492 BK 5235, PG 130 BK 5273, PG 432 151772 183352 84209 15564 158721 158741 130797 23034 82-254573 82-254574 86-412542 86-412543 83-449259 84-043971 84-180447 84-312777 85-335690 86-078338 NO RECORD FD. NO RECORD 1997-0488228 1998-0366137 1997-0605498 1998-0077512 1998-0151414 1998-0152413 DATE 2/16/20 6/11/43 3/23/54 4/16/54 4/19/54 4/22/54 5/12/54 6/18/54 7/27/60 10/23/61 5/11/64 1/27/69 8/28/69 8/28/69 7/24/70 2/05/71 8/17/82 8/17/82 9/19/86 9/19/86 12/9/83 2/06/84 5/15/84 8/16/84 9/12/85 2/28/86 10/01/97 6/16/98 12/01/97 2/13/98 3/20/98 3/20/98 EXISTING FACILITY O.H. ELECTRICAL ROAD ELECTRICAL O.H. ELECTRICAL O.H. ELECTRICAL O.H. ELECTRICAL O.H. ELECTRICAL O.H. ELECTRICAL 30" GAS 10" WATER 8" WATER 16" & 12" SEWER VACANT VACANT SLOPE & DRAINAGE VACANT O.H. U/G CABLE TV ROAD 8" WATER VACANT VACANT VACANT 20" SEWER O.H. TELEPHONE UNKNOWN* PUMP STATION PUMP STATION 24" DIP SEWER VACANT ttnrATjfui /MA/A/nr or ncrcoimicn n?nu prrnen CONSULT A'N T S 5900 Posleur Court Civil Enoine.nng F Y 1— ! 1 R 1 T R Suit. 100 Punning L. A II 1 D 1 1 D ^S-ISr-SS Surv°xin9 EASEMENT DEDICATION CUT ifl nr 1R qHTqwww.odoyconsultonU.com oHI. IO Ul" IO OPI I O REQUESTED BY: PREPARED BY: MORROW DEVELOPMENT TIMOTHY 0. CARROLL, JR.A.P.hJ pn pny onnn-RR.s CARLSBAD, CA 92008-9000 LS. 7700 EXP. 12/31/04 PATF 1.0-16-00 Gi\JDBS\97105709\9602P18.DVG 4-19-2002 12.45'58 pn PST RECORDING REQUESTED BY: ) Department of Fish and Game ) 1416 Ninth Street, 12th Floor ) Sacramento, CA 95814 ) ) MAIL TO: ) Department of Fish and Game ) 1416 Ninth Street, 12th Floor ) Sacramento, Ca 95814 ) Space Above Line for Recorder's Use Only No DOCUMENTARY TRANSFER TAX DUE California Revenue & Taxation Code § 1 1922 Presented for Acceptance by California Department of Fish and Game CONSERVATION EASEMENT DEED (La Costa Greens) THIS CONSERVATION EASEMENT DEED (the "Deed") is made this day of , 20 by REAL ESTATE COLLATERAL MANAGEMENT COMPANY, a Delaware corporation ("Grantor"), in favor of THE STATE OF CALIFORNIA ("Grantee"), acting by and through its Department of Fish and Game, a subdivision of the California Resources Agency, ("DFG") with reference to the following facts: RECITALS A. Grantor is the sole owner in fee simple of certain real property in the City of Carlsbad, County of San Diego, State of California, consisting of Parcels A through M, inclusive as more particularly described in Exhibit "A" and shown on Exhibit "B", attached hereto and incorporated by this reference (the "Conserved Habitat Lands"); and B. The Conserved Habitat Lands possesses wildlife and native habitat values (collectively, "Conservation Values") of great importance to Grantor and the people of the State of California; and C. The Conserved Habitat Lands includes coastal sage scrub and other natural habitats suitable to the California gnatcatcher, (Polioptila califomica californica) and other sensitive species; and D. The Department of Fish and Game has jurisdiction, pursuant to the Fish and Game Code Section 1802, over the conservation, protection, and management offish, wildlife, native plants and the habitat necessary for biologically sustainable populations of those species, and the Department of Fish and Game is authorized to hold easements for these purposes pursuant to HCP/Conservation Easement Deed 27817-2/1736985.1 (Word) Civil Code Section 815.3, Fish and Game Code Section 1348, and other provisions of California law; E. The United States Fish and Wildlife Service (USFWS) has jurisdiction over the conservation, protection, restoration, enhancement and management of fish, wildlife and native plants and the habitats on which they depend under the Endangered Species Act, 16 U.S.C. section 1531 et seq. (ESA), the Fish and Wildlife Coordination Act, 16 U.S.C. section 661-666c and other applicable Federal laws; and F. The Conserved Habitat Lands were designated for habitat conservation purposes pursuant to that certain "Implementation Agreement Regarding the City of Carlsbad/Fieldstone/La Costa Associates Habitat Conservation Plan/On-Going Multi-Species Plan dated June 7, 1995" (the "Implementation Agreement") by Grantor's predecessor in title, the Fieldstone Company, in connection with the development of the Villages of La Costa Project in the city of Carlsbad, California (the "Project") and Grantor desires to assure Grantee and the USFWS that Grantor, and its successors, will hold the Conserved Habitat Lands conveyed hereby for the conservation purposes as required in the Implementation Agreement in accordance with and subject to the terms and conditions of this Deed; and G. Grantor intends to convey to Grantee, pursuant to this Deed, the right to preserve and protect the conservation values of the Conserved Habitat Lands in perpetuity; and H. Grantee agrees by accepting this grant to honor the intentions of Grantor stated herein and to preserve and to protect in perpetuity the Conservation Values of the Conserved Habitat Lands in accordance with the terms of this Deed for the benefit of this generation and the generations to come. COVENANTS. TERMS. CONDITIONS AND RESTRICTIONS In consideration of the above recitals and the mutual covenants, terms, conditions, and restrictions contained herein, and pursuant to California law, including Civil Code Section 815, et seq., Grantor hereby grants and conveys to Grantee a conservation easement in perpetuity over the Conserved Habitat Lands of the nature and character and to the extent hereinafter set forth ("Conservation Easement"). 1. Purpose. The purpose of this Conservation Easement is to assure the Conserved Habitat Lands will be preserved in a natural condition in perpetuity and to prevent any use of the Conserved Habitat Lands that will materially impair or interfere with the conservation values of the Conserved Habitat Lands. Grantor intends that this Conservation Easement will confine the use of the Conserved Habitat Lands to such activities, including without limitation, those involving the preservation and enhancement of native species and their habitat in a manner consistent with the habitat conservation purposes of this Conservation Easement. 2. Rights of Grantee. To accomplish the purposes of this Conservation Easement, Grantor hereby grants and conveys the following rights to Grantee, and USFWS as a third party beneficiary of this Conservation Easement, by this Deed: HCP/Conservation Easement Deed 27817-2/1736985.1 (Word) (a) To preserve and protect in perpetuity the Conservation Values of the Conserved Habitat Lands in accordance with this Conservation Easement and the Implementation Agreement; (b) To enter upon the Conserved Habitat Lands at reasonable times in order to monitor Grantor's compliance with and to otherwise enforce the terms of this Conservation Easement. In addition, Grantee, the USFWS or their designees may enter the Conserved Habitat Lands for research and interpretive purposes, subject to Grantor's approval, which approval shall not be withheld unreasonably; (c) To prevent any activity on or use of the Conserved Habitat Lands that is inconsistent with the purposes of this Conservation Easement and to require the restoration of such areas or features of the Conserved Habitat Lands that may be damaged by any act, failure to act, or any use by Grantor that is inconsistent with the purposes of this Conservation Easement; (d) All mineral, air and water rights necessary to protect and to sustain the biological resources of the Conserved Habitat Lands; (e) All present and future development rights, except that Grantor retains such rights as are necessary to conduct activities for the Project development as provided for in the Implementation Agreement and this Deed; and (f) To enforce by means including, without limitation, injunctive relief, the terms and conditions of this Conservation Easement. 3. Prohibited Uses. Any activity on or use of the Conserved Habitat Lands inconsistent with the habitat conservation purposes of this Conservation Easement and not specifically reserved as a right of Grantor is prohibited. Without limiting the generality of the foregoing, the following uses by Grantor and Grantor's agents are expressly prohibited unless specifically provided for in this Deed, the Implementation Agreement or any approved management plan(s) for the Conserved Habitat Lands; (a) Unseasonal watering, use of herbicides, rodenticides, or weed abatement activities, incompatible fire protection activities and any and all other uses which may adversely affect the purposes of this Conservation Easement; (b) Use of off-road vehicles except in the execution of management duties; (c) Grazing or surface entry for exploration or extraction of minerals; (d) Erecting of any building, billboard, sign excepting signs designating the boundaries and purpose of the Conserved Habitat Lands; (e) Depositing of soil, trash, ashes, garbage, waste, bio-solids or any other material; HCP/Conservation Easement Deed 27817-2/1736985.1 (Word) (f) Excavating, dredging or removing of loam, gravel, soil, rock, sand or other material; (g) Otherwise altering the general topography of the Conserved Habitat Lands, including building of roads; (h) Removing, destroying, or cutting of trees, shrubs or other vegetation, except as required by federal, state or local law or by governmental order for (1) fire breaks, (2) maintenance of existing foot trails or roads, (3) prevention or treatment of disease or (4) for the implementation of the approved management plan. 4. Grantor's Duties. Grantor shall undertake all reasonable actions to prevent the unlawful entry and trespass by persons whose activities may degrade or harm the conservation values of the Conserved Habitat Lands. 5. Reservations and Exceptions. Notwithstanding any other provisions of this Deed, Grantor has reserved and there is excepted from the grant, transfer, assignment and conveyance of the Conservation Easement hereunder the right of Grantor, or its successors and assigns, agents or contractors, and public agencies, the right of access and easements for the purpose of planning, constructing, grading, operating, maintaining, replacing or reconstructing public or private sewer, water, utility, basins, drainage and all other public and private utilities over, under or across the Conserved Habitat Lands necessary or required for the orderly development of Grantor's "Project and Plan Activities" described in Section IV.G. of the Implementation Agreement provided any disturbed habitat is reasonably restored or mitigated, and are not otherwise inconsistent with the purpose of this Conservation Easement and the Implementation Agreement. Said reserved activities and rights shall include, but are not limited to the following: A. PARCEL A: Construct and maintain local trail on or adjacent to the existing alignment of Vallecitos and Carlsbad sewer easements. Remove or underground existing overhead electric, telephone and cable facilities. B. PARCEL C: Riparian mitigation, enhancement, maintenance and monitoring pursuant to the Clean Water Act 404/401 Permits and State 1603 Agreement. Remove or relocate existing overhead electric, telephone and cable facilities. C. PARCEL M: Local trail construction and maintenance; habitat revegetation. D. PARCEL K: Local trail construction and maintenance. E. PARCEL J: Local trail construction and maintenance. F. PARCEL I: Construction, operation, maintenance and all weather access road over existing dirt road in order to maintain public drainage basins on Lots 18,41 and 44 Further reserving and excepting from this Deed, the reversion of fee title to Grantor on the occurrence of the condition subsequent that (i) the Conserved Habitat Lands is used for any HCP/Conservation Easement Deed 27817-2/1736985.1 (Word) 4 purpose other than wildlife conservation purposes as provided in Section V.A.I, of the Implementation Agreement or (ii) the Implementation Agreement and associated HCP/OMSP is judicially invalidated, but in such event, excluding from such reversion of fee title to any Conserved Habitat Lands, an area equitably proportionate to the extent of any permanent habitat "take" under the Implementation Agreement and HCP/OMSP. 6. Grantee's Remedies. USFWS as a third party beneficiary of this Conservation Easement shall have the same rights and remedies as Grantee under this section. If Grantee determines that Grantor is in violation of the terms of this Conservation Easement or that a violation is threatened, Grantee shall give written notice to Grantor of such violation and demand in writing the cure of such violation. Grantor shall not be deemed in default until such written notice is given. If Grantor fails to cure the violation within fifteen (15) days after receipt of said written notice and demand from Grantee, or said cure reasonably requires more than fifteen (15) days to complete and Grantor fails to begin the cure within the fifteen (15) day period or fails to continue diligently to complete the cure, and if Grantor fails to notify Grantee within fifteen (15) days after receipt of Grantee's written notice of violation that Grantor disputes Grantee's determination of violation (hereinafter, Grantor's "notice of dispute"), Grantee may bring an action at law or in equity in a court of competent jurisdiction to enforce compliance by Grantor with the terms of this Conservation Easement, to recover any damages to which Grantee may be entitled for violation by Grantor of the terms of this Conservation Easement, to enjoin the violation, ex parte as necessary, by temporary or permanent injunction without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies, or for other equitable relief, including, but not limited to, the restoration of the Conserved Habitat Lands to the condition in which it existed prior to any such violation or injury. Grantee may apply any damages recovered to the cost of undertaking any corrective action on the Conserved Habitat Lands. 6.1. Insurance. The Grantor will maintain an insurance policy in a form reasonably approved by the Legal Advisor to Grantee with a minimum of $2 million of coverage per incident. If a court of competent jurisdiction determines that the Grantor has violated any term of this Conservation Easement, Grantor and Grantee agree that: (a) liability for damages is limited to acts or omissions covered by that policy and only to the dollar limits of that policy; (b) funds from the endowment which was created to manage the Conserved Habitat Lands cannot be used to pay damages awarded as part of the judgment; (c) funds from the endowment which was created to manage the Conserved Habitat Lands cannot be used to restore the Conserved Habitat Lands to the condition in which it existed prior to the violation; and (d) at its discretion, Grantee may agree to accept fee title to the Conserved Habitat Lands and management responsibility of the Conserved Habitat Lands. If this occurs, Grantee will receive any funds which remain in the endowment and any other funds specified for the Conserved Habitat Lands. Grantee's acceptance of the Conserved Habitat Lands is subject to approval by the Department of General Services. HCP/Conservation Easement Deed 27817-2/1736985.1 (Word) 6.2. Cooperation. If Grantor provides Grantee with a notice of dispute, as provided herein, Grantee shall meet and confer with Grantor at a mutually agreeable place and time, not to exceed thirty (30) days from Grantee's receipt of the notice of dispute. Grantee shall consider all relevant information concerning the disputed violation provided by Grantor and shall determine whether a violation has in fact occurred and, if so, whether Grantee's notice of violation and demand for cure are appropriate in light of the violation. Grantee agrees to consider the following principles in making its determination: (a) Management activities shall be chosen for their long-term benefits to the Conserved Habitat Lands' conservation values rather than for short-term benefits; (b) Management activities that benefit habitat protection shall be chosen in favor of management activities designed to benefit individual species, except where State or Federally listed species are at issue; (c) Habitat maintenance is of primary importance in protecting the long-term conservation values of the Conserved Habitat Lands; (d) Management activities shall be chosen according to the following order of preference: (i) preventative actions shall be taken to avoid additional impact; (ii) natural restoration shall be used if appropriate, based on the magnitude of the impact, the impacts on listed or sensitive species, and the estimated time for recovery to occur; (iii) active restoration shall be required only where there are severe, long-term impacts to the Conserved Habitat Lands' Conservation Values, or where highly sensitive species are impacted; (e) If, and for so long as, Grantor is a non-profit entity organized for conservation purposes, Grantee shall consider the cost of management activities and the resources available to Grantor's successor. 6.3. Emergencies. If Grantee, in its sole discretion, determines that circumstances require immediate action to prevent or mitigate significant damage to the Conservation Values of the Conserved Habitat Lands, Grantee may pursue its remedies under this paragraph without prior notice to Grantor or without waiting for the period provided for cure, or notice of dispute, to expire. Grantee's rights under this paragraph apply equally to actual or threatened violations of the terms of this Conservation Easement. Grantor agrees that Grantee's remedies at law for any violation of the terms of this Conservation Easement are inadequate and that Grantee shall be entitled to the injunctive relief describe in this section, both prohibitive and mandatory, in addition to such other relief to which Grantee may be entitled, including specific performance of the terms of this Conservation Easement, without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies. Grantee's remedies described in this section shall be cumulative and shall be in addition to all HCP/Conservation Easement Deed 27817-2/1736985.1 (Word) 6 remedies now or hereafter existing at law or in equity, including but not limited to, the remedies set forth in Civil Code Section 815, et seq., inclusive. If a court of competent jurisdiction determines that the Grantor has violated any term of this easement, Grantor and Grantee agree that: (a) liability for damages is limited to acts or omissions covered by the insurance policy identified in paragraph 6.1 and only to the dollar limits of that policy; (b) funds from the endowment which was created to manage the Conserved Habitat Lands cannot be used to pay damages awarded as part of the judgment; (c) funds from the endowment which was created to manage the Conserved Habitat Lands cannot be used to restore the Conserved Habitat Lands to the condition in which it existed prior to the violation; and (d) at its discretion, Grantee may agree to accept fee title to the Conserved Habitat Lands and management responsibility of the Conserved Habitat Lands. If this occurs, Grantee will receive any funds which remain in the endowment and any other funds specified for the Conserved Habitat Lands. Grantee's acceptance of the Conserved Habitat Lands is subject to approval by the Department of General Services. 6.4. Conflicting Notices. If Grantor receives inconsistent or conflicting notices of violation from Grantee and from the USFWS, acting in its capacity as a third party beneficiary, Grantor shall notify Grantee and USFWS within fifteen (15) days of such receipt of the inconsistency or conflict. Grantor shall not be deemed in default or be required to take any action until such time as Grantee and the USFWS provide a joint written notice of violation. Joint notices of violation shall be treated the same as individual notices of violation under this Section 6. Specified time limits concerning notices of violation, and notices of dispute, shall be calculated from the date Grantor receives a joint notice of violation. 7. Conveyance "As-Is". Notwithstanding anything to the contrary contained herein, it is understood between the parties that the easement rights conveyed by this Deed are expressly subject to all matters of record as of the date of this Deed and are conveyed in an "AS IS" condition, "with all faults" as of such date. 8. Access. This Conservation Easement does not convey a general right of access to the public. 9. Costs and Liabilities. Grantor retains all responsibilities and shall bear all costs and liabilities of any kind including transfer costs, costs of title and documentation review, and costs related to the ownership, operation, upkeep, and maintenance of the Conserved Habitat Lands. 9.1. Taxes. Grantor or subsequent transferees shall pay before delinquency all taxes, assessments, fees, and charges of whatever description levied on or assessed against the Conserved Habitat Lands by competent authority (collectively "taxes"), including any taxes HCP/Conservation Easement Deed 27817-2/1736985.1 (Word) imposed upon, or incurred as a result of, this Conservation Easement, and shall furnish Grantee and USFWS with satisfactory evidence of payment upon request. 9.2. Hold Harmless. Grantor shall hold harmless, indemnify, and defend Grantee and its, directors, officers, employees, agents, contractors, and representatives (collectively "Indemnified Parties") from and against all liabilities, penalties, costs, losses, damages, expenses, causes of action, claims, demands, or judgments, including without limitation, reasonable attorneys' fees, arising from or in any way connected with: injury to or the death of any person, or physical damages to any Conserved Habitat Lands, resulting from any act, omission, condition, or other matter related to or occurring on or about the Conserved Habitat Lands, regardless of cause, unless due to the negligence of any of the indemnified parties. 9.3. Condemnation. The purposes of the Conservation Easement are presumed to be the best and most necessary public use as defined at Code of Civil Procedure Section 1240.680 notwithstanding of Code of Civil Procedure Sections 1240.690 and 1240.700. 9.4. Acts Beyond Grantor's Control. Nothing contained in this Grant shall be construed to entitle Grantee or DFG to require Grantor to restore or remedy any injury to or change in the Conserved Habitat Lands resulting from causes beyond Grantor's control, including, without limitation, fire, flood, storm, and earth movement, or actions by third parties, or from any prudent action taken by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to the Conserved Habitat Lands resulting from such causes. 10. Assignment. This Conservation Easement is transferable as provided in sections 10 and 11, but Grantee may assign its rights and obligations under this Conservation Easement only to an entity or organization authorized to acquire and hold conservation easements pursuant to Civil Code Section 815.3 and only with the prior written approval of USFWS. Grantee shall require the assignee to record the assignment in the county where the Conserved Habitat Lands is located. 11. Subsequent Transfers. The covenants, conditions, and restrictions contained in this Deed are intended to run with the land and to bind all future owners of any interest in the Conserved Habitat Lands. Grantor agrees to incorporate by reference the terms of this Conservation Easement in any deed or other legal instrument by which Grantor divests itself of any interest in all or a portion of the Conserved Habitat Lands, including, without limitation, a leasehold interest. Grantor agrees to give written notice to Grantee and the USFWS of the intent to transfer of any interest at least forty-five (45) days prior to the date of such transfer. Any subsequent transferee shall be deemed to have assumed the obligations of this Conservation Easement and to have accepted the restrictions contained herein. The failure of Grantor or Grantee to perform any act provided in this section shall not impair the validity of this Conservation Easement or limit its enforceability in any way. Grantor shall not grant additional easements or other interests in the Conserved Habitat Lands without the prior written authorization of Grantee and USFWS, which consent shall not be unreasonably withheld. 12. Notices. All notices, demands, requests, consents, approvals, or communications from one party to another shall be personally, delivered or sent by facsimile to the persons set HCP/Conservation Easement Deed 27817-2/1736985.1 (Word) To Grantee: Also: forth below or shall be deemed given five (5) days after deposit in the United States mail, certified and postage prepaid, return receipt requested, and addressed as follows, or at such other address as any Party may from time to time specify to the other parties in writing: To Grantor: Real Estate Collateral Management Company c/o Mr. Fred Arbuckle, President Morrow Development, Inc. 1903 Wright Place, Suite 180 Carlsbad, CA 92008 FAX: (760)929-2705 Regional Manager Department of Fish and Game 330 Golden Shore, Suite 50 Long Beach, CA 90802 FAX: General Counsel Department of Fish and Game Legal Affairs Division 1416 Ninth Street, 12th Floor Sacramento, California 95814-2090 Field Supervisor United States Fish and Wildlife Service 2730 Loker Avenue Carlsbad, California 92008 Fax No. (760) 431-9440 The parties agree to accept facsimile signed documents and agree to rely upon such documents as if they bore original signatures. Each party agrees to provide to the other parties, within seventy-two (72) hours after transmission of a facsimile, documents which bear the original signatures. 13. Extinguishment. This Conservation Easement may not be extinguished or abandoned by Grantor and Grantee without the prior written consent of USFWS. If the USFWS consent is provided, this Conservation Easement may be extinguished or abandoned by Grantor and Grantee by mutual written agreement upon the request of either party only after the requesting party acquires and records a perpetual conservation easement in the name of the State of California at an alternative location, which provides conservation values that satisfy the specific mitigation purposes of this Conservation Easement as stated in Paragraph F. 14. Amendment. This Conservation Easement may be amended by Grantor, Grantee and USFWS by mutual written agreement. Any such amendment shall be consistent with the purposes of this Conservation Easement and the Implementation Agreement, and, except as provided in Section 13, shall not affect its perpetual duration. Any such amendment shall be recorded in the official records of San Diego County, State of California. With a copy to: HCP/Conservation Easement Deed 27817-2/1736985.1 (Word) 15. Recordation. Grantee shall promptly record this instrument in the official records of San Diego County, California and immediately notify the Grantee and USFWS through the mailing of a conformed copy of the recorded easement. 16. Estoppel Certificates. Upon request by Grantor, DFG shall within fifteen (15) days execute and deliver to Grantor any document, including an estoppel certificate, which certifies Grantor's compliance with any obligation of Grantor contained in this Deed and otherwise evidences the status of this Grant as may be requested by Grantor. 17. General Provisions. (a) Controlling Law. The interpretation and performance of this Conservation Easement shall be governed by the laws of the State of California and applicable federal law. Any subsequent amendment or repeal of federal or state law or order which authorizes this Deed shall not affect the rights conveyed to the Grantee or its successors or assigns. (b) Liberal Construction. Any general rule of construction to the contrary notwithstanding, this Conservation Easement shall be liberally construed to effect the purpose of this Implementation Agreement, Conservation Easement, and the policy and purpose Civil Code Section 815, et seq. If any provision in this instrument is found to be ambiguous, an interpretation consistent with the purposes of this Conservation Easement that would render the provision valid shall be favored over any interpretation that would render it invalid. (c) Severabiliry. If a court of competent jurisdiction voids or invalidates on its face any provision of this Deed, such action shall not affect the remainder of this Conservation Easement Deed. If a court of competent jurisdiction voids or invalidates the application of any provision of this Deed to a person or circumstance, such action shall not affect the application of the provision to other persons or circumstances. (d) Entire Agreement. This instrument sets forth the entire agreement of the parties with respect to the Conservation Easement and supersedes all prior discussions, negotiations, understandings, or agreements relating to the Conservation Easement all of which are merged herein. No alteration or variation of this instrument shall be valid or binding unless contained in an amendment in accordance with Section 14. This Deed is intended to implement the Implementation Agreement and is consistent therewith. (e) No Forfeiture. Nothing contained herein will result in a forfeiture or reversion of Grantor's title in any respect. (f) Successors. The covenants, terms, conditions, and restrictions of this Deed shall be binding upon, and inure to the benefit of, the parties hereto and their respective personal representatives, heirs, successors, and assigns and shall continue as a servitude running in perpetuity with the Conserved Habitat Lands. The covenants hereunder benefitting Grantee shall also benefit USFWS. (g) Termination of Rights and Obligations. A party's rights and obligations under this Conservation Easement shall terminate only upon transfer of the party's HCP/Conservation Easement Deed 27817-2/1736985.1 (Word) 10 interest in the Conservation Easement or Conserved Habitat Lands (respectively), except that liability for acts or omissions occurring prior to transfer shall survive transfer. (h) Captions The captions in this instrument have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon construction or interpretation. (i) Counterparts. The parties may execute this instrument in two or more counterparts, which shall, in the aggregate, be signed by Grantor and Grantee; each counterpart shall be deemed an original instrument as against any party who has signed it. In the event of any disparity between the counterparts produced, the recorded counterpart shall be controlling. (j) Exhibits. All Exhibits referred to in this Deed are attached and incorporated herein by reference. (k) Federal or State Appropriations. The duty of USFWS and CDFG to carry out their respective obligations under this Easement shall be subject to the availability of appropriated funds. IN WITNESS WHEREOF, Grantor has caused this Conservation Easement Deed to be executed as of the day and year first above written. GRANTOR: REAL ESTATE COLLATERAL MANAGEMENT COMPANY, a Delaware corporation David Watts Its: Vice-President HCP/Conservation Easement Deed 27817-2/1736985.1 (Word) 11 CERTIFICATE OF ACCEPTANCE This is to Certify/ that the interest in real property conveyed by the Conservation Easement Deed by Real Estate Collateral Management Company, dated , 2002 to the State of California, Grantee, acting by and through its Department of Fish and Game (the "Department"), a governmental agency (under Government Code §27281), is hereby accepted by the undersigned officer on behalf of the Department, pursuant to authority conferred by resolution of the California Fish and Game Commission on GRANTEE: STATE OF CALIFORNIA, by and through, DEPARTMENT OF FISH AND GAME By: Title: Authorized Representative Date: Approved as to Form: ANN S. MALCOLM, Deputy General Counsel CALIFORNIA DEPARTMENT OF FISH AND GAME HCP/Conservation Easement Deed 27817-2/1736985.1 (Word) 12 THE STATE OF ,> Ht tle>S COUNTY OF On ijps*<- ( , 2002, before me, T?('a*« £. /Mor<>*4 (name of Notary Public), a Notary Public in and for said State, duly commissioned and sworn, personally appeared X%» *t'ar,fl• U/A ffs , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity(ies), and that by his signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. d Notary Public in and for State of My commission expires: ^ OFFICIAL SEAL ^VTAOTAT ot,A^ s DIANA C MORENO ,(NOTARIAL SEAL) £ NOTARY PUBLIC, STATE OF ILLINOIS \ MY COMMISSION EXPIRES: 10/04/06 • HCP/Conservation Easement Deed 27817-2/1736985.1 (Word) 13 EXHIBIT XA' LEGAL DESCRIPTION PORTIONS OF PARCEL 3 OF PARCEL MAP NO. 1188, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 20, 1972 AS FILE NO. 340334 OF OFFICIAL RECORDS, TOGETHER WITH THAT PORTION DESIGNATED AS "NOT A PART OF THIS PARCEL MAP" NO. 1188. ALSO THAT PORTION OF THE SOUTH HALF OF SECTION 25 LYING NORTHERLY OF ALGA ROAD, EXCEPTING THEREOF THAT PORTION LYING NORTHERLY OF THE 200 FOOT WIDE SDG&E EASEMENT RECORDED JUNE 18, 1954 IN BOOK 5273, PAGE 432, O.R., IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED IN PARCELS AA' THROUGH XM' AS FOLLOWS: PARCEL ' BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL 3; THENCE SOUTH 89°17'46" EAST, ALONG THE NORTHERLY LINE OF SAID PARCEL 3, 574.65 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTHERLY LINE SOUTH 89°17'46" EAST 740.84 FEET; THENCE LEAVING SAID NORTHERLY LINE SOUTH 02°29'56" WEST 11.77 FEET TO THE BEGINNING OF A TANGENT 856.88-FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE SOUTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 18°50'12", AN ARC DISTANCE OF 281.71 FEET; THENCE NON-TANGENT TO SAID CURVE SOUTH 15°51'20" EAST 238.57 FEET; THENCE SOUTH 08°39'57" WEST 112.67 FEET; THENCE SOUTH 16°36'14" EAST 136.62 FEET; THENCE SOUTH 26°07'52" EAST 111.21 FEET; THENCE SOUTH 04°13'44" WEST 193.26 FEET; THENCE SOUTH 11°01'07" WEST 149.37 FEET; THENCE SOUTH 01°52'28" EAST 104.79 FEET; THENCE SOUTH 45°57'35" WEST 246.23 FEET; THENCE SOUTH 30°38'55" WEST 87.41 FEET; THENCE NORTH 62°42'04" WEST 52.34 FEET; THENCE SOUTH 29°50'10" WEST 81.87 FEET TO THE BEGINNING OF A TANGENT 53-FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 148°41'28", AN ARC DISTANCE OF 137.54 FEET; THENCE TANGENT TO SAID CURVE NORTH 01°28'22" WEST, 64.65 FEET TO THE BEGINNING OF A TANGENT 38-FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 64°42'47", AN ARC DISTANCE OF 42.92 FEET; THENCE TANGENT TO SAID CURVE NORTH 66°11'09" WEST 62.29 FEET; THENCE SOUTH 52°39'05" WEST 94.72 FEET; THENCE NORTH 86°18'38" WEST 213.50 FEET; THENCE NORTH 44°52'39" WEST 121.00 FEET; THENCE SOUTH 48°33'50" WEST 128.00 FEET; THENCE SOUTH 19°02'15" EAST 268.83 FEET; THENCE SOUTH 26°44'51" WEST 107.85 FEET; THENCE NORTH 76°05'08" WEST 115.16 FEET; THENCE SOUTH 05°10'50" EAST 403.60 FEET; THENCE SOUTH 44°12'41" WEST 117.45 FEET; THENCE SOUTH 07°20'18" EAST 82.10 FEET; APRIL 18, 2002 EXHIBIT 'A' J.N.: 971057 PAGE 1 OF 11 THENCE SOUTH 64°49'37" EAST 272.58 FEET; THENCE SOUTH 07°23'51" EAST 240.83 FEET; THENCE SOUTH 12°47'04" WEST 354.43 FEET; THENCE SOUTH 44°22'38" EAST 298.19 FEET; THENCE SOUTH 30°44'42" EAST 113.08 FEET; THENCE SOUTH 50°04'54" WEST 29.64 FEET; THENCE NORTH 89°31'46" WEST 83.70 FEET; THENCE NORTH 63°13'45" WEST 50.33 FEET; THENCE SOUTH 76°44'02" WEST 256.34 FEET; THENCE SOUTH 30°47'24" WEST 138.73 FEET; THENCE SOUTH 80°00'59" WEST 150.69 FEET; THENCE NORTH 62°16'04" WEST 32.93 FEET; THENCE SOUTH 77°03'02" WEST 93.38 FEET; THENCE SOUTH 03°30'50" WEST 26.90 FEET; THENCE SOUTH 67°12'50" WEST 152.86 FEET; THENCE NORTH 73°57'28" WEST 39.89 FEET; THENCE SOUTH 71°38'31" WEST 120.06 FEET; THENCE SOUTH 52°09'39" WEST 157.62 FEET; THENCE SOUTH 21°24'35" WEST 183.91 FEET; THENCE SOUTH 56°49f41" WEST 214.38 FEET; THENCE SOUTH 10°36'04" WEST 91.39 FEET; THENCE SOUTH 46°16'39" WEST 441.01 FEET; THENCE SOUTH 24°49'14" WEST 172.62 FEET; THENCE SOUTH 55°22'33" WEST 83.26 FEET TO THE BEGINNING OF A NON-TANGENT 6905.31- FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY A RADIAL TO WHICH BEARS SOUTH 58°00'33" WEST; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 2°18'59", AN ARC DISTANCE OF 279.17 FEET; THENCE NON-TANGENT TO SAID CURVE NORTH 00°32'23" EAST 1868.48 FEET; THENCE SOUTH 67°44'36" EAST 128.37 FEET; THENCE NORTH 88°25'06" EAST 226.92 FEET; THENCE NORTH 40°14'57" EAST 189.21 FEET; THENCE SOUTH 65°08'20" EAST 68.00 FEET; THENCE SOUTH 47°15'08" EAST 161.42 FEET; THENCE NORTH 76°10'09" EAST 85.12 FEET; THENCE NORTH 40°30'34" EAST 106.15 FEET; THENCE NORTH 09°29'49" EAST 73.14 FEET; THENCE NORTH 12°24'13" WEST 186.14 FEET; THENCE NORTH 04°47'42" WEST 263.74 FEET; THENCE NORTH 89°13'54" EAST 65.25 FEET; THENCE NORTH 29°32'27" EAST 134.15 FEET; THENCE NORTH 05°51'00" WEST 58.90 FEET; THENCE NORTH 60°23'54" WEST 133.56 FEET; THENCE NORTH 36°23'57" EAST 359.83 FEET; THENCE NORTH 50°20'38" EAST 145.52 FEET; THENCE NORTH 36°36'04" EAST 165.74 FEET; THENCE NORTH 20°48'37" EAST 138.41 FEET; THENCE NORTH 05°17'57" WEST 164.64 FEET; THENCE NORTH 05°15'20" EAST 160.56 FEET; THENCE NORTH 29°50'51" EAST 104.11 FEET; THENCE NORTH 69°15'40" EAST 184.61 FEET; THENCE SOUTH 78°04'26" EAST 113.82 FEET; THENCE SOUTH 43°31'02" EAST 66.47 FEET; THENCE SOUTH 84°21'31" EAST 90.83 FEET; THENCE NORTH 70°59'01" EAST 95.57 FEET; THENCE NORTH 22°48'59" EAST 99.54 FEET; THENCE NORTH 01°48'56" WEST 117.24 FEET; THENCE NORTH 16°38'51" WEST 343.89 FEET; THENCE NORTH 02°38'02" EAST 160.48 FEET TO THE TRUE POINT OF BEGINNING. AREA = 115.79 ACRES APRIL 18, 2002 EXHIBIT 'A' J.N.: 971057 PAGE 2 OF 11 PARCEL 'B' BEGINNING AT THE MOST EASTERLY NORTHEAST CORNER OF SAID PARCEL 3; THENCE NORTH 89°18'53" WEST, ALONG THE NORTHERLY LINE OF SAID PARCEL 3, 2180.00 FEET; THENCE LEAVING SAID NORTHERLY LINE NORTH 89°34'35" WEST 445.18 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 27°14'08" EAST, 60.09 FEET; THENCE SOUTH 56°24'22" EAST 83.91 FEET; THENCE SOUTH 16°13'59" EAST 69.70 FEET; THENCE SOUTH 38°07'28" WEST 147.32 FEET; THENCE SOUTH 01°53'05" EAST 135.60 FEET; THENCE SOUTH 14°35'00" WEST 175.78 FEET; THENCE SOUTH 46°27'07" WEST 79.09 FEET; THENCE SOUTH 00°01'03" WEST 165.03 FEET; THENCE SOUTH 30°42'21" EAST 228.86 FEET; THENCE SOUTH 64°43'57" EAST 198.83 FEET; THENCE NORTH 74°51'28" EAST 63.11 FEET; THENCE NORTH 23°31'48" EAST 244.44 FEET; THENCE NORTH 64°25'27" EAST 121.32 FEET; THENCE SOUTH 56°25'03" EAST 38.17 FEET; THENCE NORTH 86°04'30" EAST 216.75 FEET; THENCE NORTH 29°40'00" EAST 114.43 FEET; THENCE NORTH 55°13'58" EAST 75.51 FEET; THENCE NORTH 34°18'43" EAST 194.55 FEET; THENCE SOUTH 44°01'53" EAST 76.39 FEET; THENCE SOUTH 08°23'43" WEST 87.86 FEET; THENCE SOUTH 87°38'09" WEST 91.50 FEET; THENCE SOUTH 46°12'31" WEST 136.10 FEET; THENCE SOUTH 06°27'30" EAST 40.64 FEET; THENCE SOUTH 39°42'26" WEST 60.00 FEET; THENCE SOUTH 28°05' 37" WEST 106.50 FEET; THENCE NORTH 59°47'14" WEST 60.82 FEET; THENCE SOUTH 70°05'41" WEST 95.11 FEET; THENCE SOUTH 23°01'35" WEST 71.39 FEET; THENCE SOUTH 42°56'18" WEST 128.66 FEET; THENCE SOUTH 10°45'54" WEST 163.60 FEET; THENCE SOUTH 34°52'35" EAST 186.21 FEET; THENCE SOUTH 77°59'23" WEST 148.80 FEET; THENCE NORTH 86°53'31" WEST 105.77 FEET; THENCE SOUTH 71°47'04" WEST 98.46 FEET; THENCE NORTH 38°29'04" WEST 130.62 FEET; THENCE NORTH 57°38'48" WEST 88.07 FEET; THENCE NORTH 07°43'39" WEST 75.70 FEET; THENCE NORTH 60°57'51" WEST 55.47 FEET; THENCE SOUTH 71°33'25" WEST 65.38 FEET; THENCE NORTH 60°50'03" WEST 117.88 FEET; THENCE NORTH 26°41'48" WEST 180.33 FEET; THENCE NORTH 09°37'26" WEST 161.16 FEET; THENCE NORTH 09°39'32" EAST 116.13 FEET; THENCE NORTH 03°24'04" WEST 233.53 FEET; THENCE NORTH 07°59'51" EAST 82.77 FEET; THENCE NORTH 16°14'23" EAST, 121.59 FEET; THENCE NORTH 28°35'49" EAST 117.28 FEET; THENCE NORTH 49°58'41" EAST 62.97 FEET; THENCE NORTH 38°27'10" EAST 195.63 FEET TO THE TRUE POINT OF BEGINNING. AREA = 11.98 ACRES PARCEL 'C' BEGINNING AT THE MOST EASTERLY NORTHEAST CORNER OF SAID PARCEL 3; THENCE SOUTH 00°40'31" WEST, ALONG THE EASTERLY LINE OF SAID PARCEL 3, 796.58 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG APRIL 18, 2002 EXHIBIT 'A' J.N.: 971057 PAGE 3 OF 11 SAID EASTERLY LINE SOUTH 00°40'31" WEST 168.49 FEET; THENCE CONTINUING ALONG SAID EASTERLY LINE SOUTH 00°42'03" WEST 1197.24 FEET; THENCE LEAVING SAID EASTERLY LINE NORTH 35°49'08" WEST 82.80 FEET; THENCE NORTH 88°13'54" WEST 158.74 FEET; THENCE NORTH 36°34'37" WEST 58.94 FEET; THENCE NORTH 79°54'26" WEST 195.94 FEET; THENCE SOUTH 89°05'22" WEST 132.00 FEET; THENCE SOUTH 72°22'23" WEST 87.70 FEET; THENCE NORTH 65°10'29" WEST 83.03 FEET; THENCE NORTH 37°05'28" EAST 144.60 FEET; THENCE NORTH 18°51'33" WEST 124.20 FEET; THENCE NORTH 32°08'14" WEST 124.93 FEET; THENCE NORTH 77°28'43" WEST 113.39 FEET; THENCE NORTH 39°29'02" WEST 76.75 FEET; THENCE SOUTH 84°01'29" WEST 81.40 FEET; THENCE SOUTH 21°42'51" WEST 67.59 FEET; THENCE SOUTH 36°48'04" WEST 105.76 FEET; THENCE SOUTH 81°20'03" WEST 72.49 FEET; THENCE SOUTH 06°13'57" WEST 76.79 FEET; THENCE SOUTH 36°31'23" EAST 142.02 FEET; THENCE SOUTH 30°20'05" WEST 14.44 FEET; THENCE NORTH 87°46'42" WEST 169.50 FEET; THENCE SOUTH 59°27'17" WEST 35.83 FEET; THENCE SOUTH 89°22'18" WEST 145.81 FEET; THENCE NORTH 63°18'08" WEST 58.52 FEET; THENCE SOUTH 83°33'32" WEST 85.82 FEET; THENCE SOUTH 49°49'04" WEST 113.37 FEET; THENCE NORTH 88°34'37" WEST 184.62 FEET; THENCE NORTH 74°19'26" WEST 36.23 FEET; THENCE NORTH 50°19'22" WEST 182.07 FEET; THENCE NORTH 38°07'46" EAST 26.96 FEET; THENCE NORTH 51°51'47" WEST 233.37 FEET; THENCE NORTH 39°27'27" WEST 93.50 FEET; THENCE NORTH 17°39'48" EAST 19.93 FEET; THENCE NORTH 76°09'45" EAST 719.41 FEET; THENCE NORTH 67°35'17" EAST 560.68 FEET; THENCE NORTH 66°20'43" EAST 1121.08 FEET TO THE TRUE POINT OF BEGINNING. AREA = 33.25 ACRES PARCEL 'D' BEGINNING AT THE SOUTHEASTERLY CORNER OF PARCEL 'A' OF PARCEL MAP NO. 13427, SAID POINT LYING ON THE NORTHERLY RIGHT-OF-WAY OF ALGA ROAD; THENCE NORTHERLY ALONG THE EASTERLY LINE OF SAID PARCEL XA' NORTH 02°23'44" WEST 4.28 FEET; THENCE NORTH 03°23'30" WEST 112.77 FEET; THENCE NORTH 12°54'59" EAST 200.00 FEET; THENCE NORTH 11°23' 47" EAST 1087.49 FEET TO THE TRUE POINT OF BEGINNING, THE BEGINNING OF A TANGENT 433-FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE CONTINUING ALONG THE EASTERLY LINE OF SAID PARCEL *A' , NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 18°50'28", AN ARC DISTANCE OF 142.39 FEET; THENCE TANGENT TO SAID CURVE NORTH 30°14'15" EAST 286.65 FEET TO THE BEGINNING OF A TANGENT 767-FOOT RADIUS CURVE, CONCAVE WESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 46°53'48" AN ARC DISTANCE OF 627.79 FEET; THENCE TANGENT TO SAID CURVE NORTH 16°39'33" WEST 492.40 FEET TO THE BEGINNING OF A TANGENT 1433-FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE APRIL 18, 2002 EXHIBIT 'A' J.N.: 971057 PAGE 4 OF 11 NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 28°20'35" AN ARC DISTANCE OF 708.88 FEET; THENCE TANGENT TO SAID CURVE NORTH 11°41'02" EAST 230.97 FEET TO THE BEGINNING OF A TANGENT 433-FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 26°40'17", AN ARC DISTANCE OF 201.56 FEET; THENCE TANGENT TO SAID CURVE NORTH 38°21'19" EAST 179.90 FEET; THENCE LEAVING SAID EASTERLY LINE SOUTH 46°08'58" EAST 208.42 FEET; THENCE SOUTH 79°24'13" WEST 34.62 FEET; THENCE NORTH 83°55'19" WEST 149.66 FEET; THENCE SOUTH 67°58'52" WEST 58.43 FEET; THENCE SOUTH 21°11'49" WEST 93.91 FEET TO THE BEGINNING OF A TANGENT 103-FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 56°24'13" , AN ARC DISTANCE OF 101.40 FEET TO THE BEGINNING OF A REVERSE 110-FOOT RADIUS CURVE, CONCAVE WESTERLY, A RADIAL TO WHICH BEARS NORTH 54°47'36" EAST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 29°20'40", AN ARC DISTANCE OF 56.34; THENCE TANGENT TO SAID CURVE SOUTH 05°51'44" EAST 110.53 FEET; THENCE SOUTH 14°00'14" EAST 64.16 FEET; THENCE SOUTH 22°36'40" EAST 168.86 FEET; THENCE SOUTH 02°27'49" EAST 190.77 FEET; THENCE SOUTH 22°14'36" EAST 151.66 FEET; THENCE SOUTH 47°37'03" EAST 75.43 FEET; THENCE SOUTH 84°51'27" EAST 65.31 FEET; THENCE NORTH 77°41'40" EAST 116.59 FEET; THENCE SOUTH 68°44'36" EAST 105.98 FEET; THENCE SOUTH 05°13'15" EAST 97.02 FEET; THENCE SOUTH 05°13'15" EAST 50.27 FEET; THENCE SOUTH 35°43'38" WEST 260.57 FEET; THENCE SOUTH 86°31'24" WEST 72.55 FEET; THENCE SOUTH 35°15'46" WEST 188.61 FEET; THENCE SOUTH 18°53'28" WEST 176.51 FEET; THENCE SOUTH 00°24'34" EAST 155.73 FEET; THENCE SOUTH 12°28'14" EAST 153.29 FEET; THENCE SOUTH 16°10'41" WEST 170.50 FEET; THENCE SOUTH 36°27'37" WEST 118.02 FEET; THENCE SOUTH 18°45'25" WEST 154.09 FEET; THENCE SOUTH 39°22'32" WEST 161.67 FEET; THENCE SOUTH 18°12'53" WEST 87.92; THENCE NORTH 80°07'56" WEST 100.97 FEET TO THE TRUE POINT OF BEGINNING. AREA = 13.40 ACRES PARCEL 'E' BEGINNING AT THE SOUTHEASTERLY CORNER OF PARCEL W OF PARCEL MAP NO. 13427, SAID POINT LYING ON THE NORTHERLY RIGHT-OF-WAY OF ALGA ROAD, SAID POINT BEING ALSO THE TRUE POINT OF BEGINNING; THENCE NORTHERLY ALONG THE EASTERLY LINE OF SAID PARCEL W NORTH 02°23'45" WEST 4.2"8 FEET; THENCE NORTH 03°23'29" WEST 62.91 FEET; THENCE LEAVING SAID EASTERLY LINE NORTH 12°54'59" EAST 248.06 FEET; THENCE NORTH 11°23'47" EAST 577.31 FEET; THENCE NORTH 16°27'42" EAST 88.63 FEET; THENCE NORTH 12°28'06" EAST 391.16 FEET; THENCE NORTH 83°02'10" EAST 84.55 FEET; THENCE SOUTH 38°52'29" EAST 82.82 FEET; THENCE NORTH 80°57'15" EAST APRIL 18, 2002 EXHIBIT 'A' J.N.: 971057 PAGE 5 OF 11 120.99 FEET; THENCE SOUTH 03°06'14" WEST 164.63 FEET; THENCE SOUTH 66°13'02" EAST 123.71 FEET; THENCE NORTH 72°34'18" EAST 152.76 FEET; THENCE SOUTH 78°44'04" EAST 94.17 FEET; THENCE NORTH 62°01'42" EAST 39.47 FEET; THENCE SOUTH 71°18'33" EAST 192.17 FEET; THENCE SOUTH 81°28'33" WEST 86.23 FEET; THENCE SOUTH 65°49'19" WEST 82.62 FEET; THENCE SOUTH 54°03'29" WEST 83.74 FEET; THENCE SOUTH 35°17'03" WEST 84.43 FEET; THENCE SOUTH 17°30'12" WEST 269.12 FEET; THENCE NORTH 82°23'02" WEST 225.30 FEET; THENCE SOUTH 24°39'28" WEST 189.94 FEET; THENCE SOUTH 07°07'27" WEST 212.44 FEET; THENCE SOUTH 16°38'56" EAST 227.23 FEET; THENCE SOUTH 42°48'02" EAST 94.87 FEET; THENCE NORTH 78°04'54" EAST 100.25 FEET; THENCE SOUTH 45°56'11" EAST 32.27 FEET; THENCE SOUTH 10°09'51" EAST 323.09 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF ALGA ROAD; THENCE WESTERLY ALONG SAID RIGHT-OF-WAY NORTH 50°45'54" WEST 109.47 FEET TO THE BEGINNING OF A TANGENT 1051- FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE WESTERLY ALONG SAID RIGHT-OF-WAY, ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 37°06'52", AN ARC DISTANCE OF 680.81 FEET TO THE TRUE POINT OF BEGINNING. AREA = 15.72 ACRES PARCEL 'F' BEGINNING AT THE SOUTHWEST CORNER OF PARCEL W OF SAID PARCEL MAP NO. 13427, SAID POINT LYING ON THE NORTHERLY RIGHT-OF-WAY OF ALGA ROAD; THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID PARCEL 'A' NORTH 05°10'15" EAST 408.81 FEET TO THE BEGINNING OF A TANGENT 1000-FOOT RADIUS CURVE, CONCAVE WESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 10°20'21", AN ARC DISTANCE OF 180.45 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 84°49'54" WEST 61.53 FEET; THENCE NORTH 24°36'57" WEST 90.00 FEET; THENCE NORTH 35°49'44" EAST 116.54 FEET TO POINT XA', THE BEGINNING OF A NON-TANGENT 1000- FOOT RADIUS CURVE, CONCAVE WESTERLY, A RADIAL LINE TO WHICH BEARS NORTH 74°52'47" EAST, SAID POINT LYING ON THE WESTERLY LINE OF SAID PARCEL XA' ; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 09°57'07", AN ARC DISTANCE OF 173.69 FEET TO THE TRUE POINT OF BEGINNING. AREA =0.24 ACRES PARCEL 'G' BEGINNING AT POINT XA' IN PARCEL 'F' ABOVE, A POINT ON A 1000-FOOT RADIUS CURVE, CONCAVE WESTERLY, A RADIAL TO WHICH BEARS NORTH 74°52'47" APRIL 18, 2002 EXHIBIT 'A' J.N.: 971057 PAGE 6 OF 11 EAST; THENCE NORTHERLY ALONG THE WESTERLY LINE OF PARCEL XA' OF PARCEL MAP NO. 13427, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 00°58'32", AN ARC DISTANCE OF 17.03 FEET; THENCE NORTH 16°05'45" WEST 72.57 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID WESTERLY LINE NORTH 29°19'56" WEST 144.76 FEET; THENCE NORTH 04°56' 42" WEST 346.96 FEET; THENCE NORTH 04°56'42" WEST 38.10 FEET; THENCE NORTH 59°54'03" WEST 125.49 FEET; THENCE NORTH 39°31'16" EAST 96.40 FEET; THENCE SOUTH 63°31'01" EAST 50.28 FEET; THENCE SOUTH 21°08'29" EAST 172.15 FEET; THENCE SOUTH 62°02'04" EAST 54.55 FEET TO POINT 'B' , A POINT ON THE WESTERLY LINE OF SAID PARCEL 'A' OF SAID PARCEL MAP NO. 13427; THENCE SOUTHERLY ALONG SAID WESTERLY LINE SOUTH 29°13'47" WEST 51.05 FEET TO THE BEGINNING OF A TANGENT 300-FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 45°19'32", AN ARC DISTANCE OF 237.32 FEET; THENCE TANGENT TO SAID CURVE SOUTH 16°05'45" EAST 171.05 FEET TO THE TRUE POINT OF BEGINNING. AREA = 0.70 ACRES PARCEL BEGINNING AT POINT 'B' IN PARCEL 'G' ABOVE; THENCE NORTHERLY ALONG THE WESTERLY LINE OF PARCEL *A' OF PARCEL MAP NO. 13427 NORTH 29°13'47" EAST 9.61 FEET TO THE BEGINNING OF A TANGENT 800-FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 26°35'10", AN ARC DISTANCE OF 371.21 FEET; THENCE TANGENT TO SAID CURVE NORTH 02°38'37" EAST 131.14 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID WESTERLY LINE NORTH 87°21'14" WEST 24.09 FEET; THENCE NORTH 25°50'22" WEST 301.57 FEET; THENCE NORTH 09°01' 57" WEST 149.59 FEET; THENCE NORTH 27°28'54" WEST 95.90 FEET; THENCE NORTH 05°13'29" WEST 230.01 FEET; THENCE NORTH 12°06'56" EAST 46.72 FEET; THENCE NORTH 75°13'03" EAST 180.43 FEET TO POINT 'C', A POINT ON A 450-FOOT RADIUS CURVE, CONCAVE WESTERLY, A RADIAL TO WHICH BEARS NORTH 67°55'08" EAST, SAID POINT LYING ON THE WESTERLY LINE OF SAID PARCEL 'A' OF SAID PARCEL MAP NO. 13427; THENCE SOUTHERLY ALONG SAID WESTERLY LINE, ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 28°55'11", AN ARC DISTANCE OF 227.13 FEET TO THE BEGINNING OF A REVERSE 600-FOOT RADIUS CURVE, CONCAVE EASTERLY, A RADIAL TO WHICH BEARS NORTH 83°09'41" WEST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 19°54'19", AN ARC DISTANCE OF 208.45 FEET; THENCE TANGENT TO SAID CURVE SOUTH 13°04'00" EAST 54.28 FEET TO THE BEGINNING OF A TANGENT 600-FOOT RADIUS CURVE, CONCAVE WESTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 15°42'37", AN APRIL 18, 2002 EXHIBIT W J.N.: 971057 PAGE 7 OF 11 ARC DISTANCE OF 164.52 FEET; THENCE TANGENT TO SAID CURVE SOUTH 02°38'37" WEST 180.27 FEET TO THE TRUE POINT OF BEGINNING. AREA =2.85 ACRES PARCEL BEGINNING AT POINT AC' IN PARCEL >H' ABOVE, A POINT ON A 450-FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, A RADIAL TO WHICH BEARS NORTH 67°55'08" EAST, SAID POINT LYING ON THE WESTERLY LINE OF PARCEL W OF PARCEL MAP NO. 13427; THENCE NORTHWESTERLY ALONG SAID WESTERLY LINE, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 15°48'05", AN ARC DISTANCE OF 124.10 FEET; THENCE NORTH 37°52'57" WEST 221.05 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID WESTERLY LINE SOUTH 52°07'03" WEST 76.16 FEET; THENCE NORTH 39°05'42" WEST 153.71 FEET; THENCE NORTH 47°06'22" WEST 166.21 FEET TO A POINT OF THE WESTERLY LINE OF SAID PARCEL 'A' OF SAID PARCEL MAP NO. 13427; THENCE SOUTHERLY ALONG SAID WESTERLY LINE SOUTH 74°16'51" EAST 47.21 FEET TO THE BEGINNING OF A TANGENT 400-FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 36°23'54", AN ARC DISTANCE OF 254.11 FEET; THENCE TANGENT TO SAID CURVE SOUTH 37°52'57" EAST 42.38 FEET TO THE TRUE POINT OF BEGINNING. AREA =0.41 ACRES PARCEL BEGINNING AT THE SOUTHEAST CORNER OF SAID PARCEL 3; THENCE NORTH 89°13'50" WEST, ALONG THE SOUTHERLY LINE OF SAID PARCEL 3, 305.45 FEET; THENCE SOUTH 60°39' 42" EAST, ALONG THE NORTHERLY LINE OF SAID 200-FOOT SDG&E EASEMENT 48.61 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTHERLY LINE SOUTH 60°39'42" EAST 501.18 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF ALGA ROAD, SAID POINT LYING ON A NON-TANGENT 949-FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, A RADIAL TO WHICH BEARS SOUTH 42°44'41" EAST; THENCE SOUTHWESTERLY ALONG SAID NORTHERLY RIGHT-OF-WAY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 20°03'17", AN ARC DISTANCE OF 332.17 FEET; THENCE LEAVING SAID RIGHT-OF-WAY LINE NORTH 05°04'14" WEST 111.44 FEET; THENCE NORTH 46°04'17" WEST 118.42 FEET; THENCE NORTH 60°42'13" WEST 276.22 FEET; THENCE NORTH 36°22'02" EAST 141.19 FEET; THENCE SOUTH 79°11'50" EAST 95.14 FEET TO THE TRUE POINT OF BEGINNING. AREA =2.44 ACRES APRIL 18, 2002 EXHIBIT \A' J.N.: 971057 PAGE 8 OF 11 PARCEL 'K' BEGINNING AT THE SOUTHEAST CORNER OF SAID PARCEL 3; THENCE NORTH 89°13'50" WEST, ALONG THE SOUTHERLY LINE OF PARCEL 3, 305.45 FEET; THENCE CONTINUING NORTH 89°13'50" WEST 107.70 FEET; THENCE NORTH 36°22'02" EAST 3.67 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 36°22'02" WEST 123.47 FEET; THENCE NORTH 60°42'13" WEST 171.27 FEET; THENCE NORTH 78°19'27" WEST 21.66 FEET; THENCE NORTH 63°36'06" WEST 237.98 FEET; THENCE NORTH 58°18'58" EAST 82.61 FEET; THENCE NORTH 49°19'22" EAST 29.52 FEET; THENCE NORTH 32°55'40" EAST 124.69 FEET; THENCE NORTH 35°19'55" EAST 81.66 FEET; THENCE NORTH 18°17'15" EAST 179.69 FEET; THENCE NORTH 03°28'13" EAST 97.49 FEET; THENCE NORTH 12°06'37" WEST 100.44 FEET TO THE BEGINNING OF A TANGENT 285-FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 26°09'12", AN ARC DISTANCE OF 130.09 FEET TO POINT "D'; THENCE NON-TANGENT TO SAID CURVE NORTH 54°15'07" EAST 100.82 FEET; THENCE SOUTH 06°23'13" EAST 26.53 FEET; THENCE SOUTH 12°57'45" EAST 70.93 FEET; THENCE SOUTH 38°00'41" EAST 158.78 FEET; THENCE SOUTH 43°43'33" EAST 145.78 FEET; THENCE SOUTH 01°57'47" WEST 81.54 FEET; THENCE SOUTH 24°25'14" WEST 229.94 FEET; THENCE SOUTH 49°57'19" WEST 152.67 FEET; THENCE SOUTH 03°25'18" EAST 86.62 FEET; THENCE SOUTH 39°02'59" EAST 54.34 FEET; THENCE SOUTH 79°11'50" EAST 141.54 FEET TO THE TRUE POINT OF BEGINNING. AREA =3.97 ACRES PARCEL BEGINNING AT POINT 'D' IN PARCEL 'K' ABOVE; SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE NORTH 38°15'49" WEST 116.73 FEET TO THE BEGINNING OF A TANGENT 550-FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 39°17'28" AN ARC DISTANCE OF 377.17 FEET; THENCE NON-TANGENT TO SAID CURVE NORTH 07°34'59" EAST 20.00 FEET; THENCE NORTH 25°15'42" EAST 110.81 FEET TO THE BEGINNING OF A TANGENT 440-FOOT RADIUS CURVE, CONCAVE WESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 29°01'48" , AN ARC DISTANCE OF 222.93 FEET; THENCE TANGENT TO SAID CURVE NORTH 03°46'06" WEST 59.15 FEET; THENCE NORTH 13°20'13" EAST 20.00 FEET; THENCE NORTH 32°02'43" EAST 33.43 FEET TO THE BEGINNING OF A TANGENT 260-FOOT RADIUS CURVE, CONCAVE WESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 68°12'12", AN ARC DISTANCE OF 309.50 FEET; THENCE TANGENT TO SAID CURVE NORTH 36°09'29" WEST 118.67 FEET; THENCE NORTH 03°41'44" EAST 16.95 FEET; THENCE NORTH 70°49'45" EAST 198.64 FEET; THENCE NORTH APRIL 18, 2002 J.N.: 971057 EXHIBIT XA' PAGE 9 OF 11 13°12'20" EAST 126.66 FEET; THENCE NORTH 59°12'11" EAST 85.31 FEET; THENCE SOUTH 33°17'12" WEST 63.78 FEET; THENCE SOUTH 14°21'05" EAST 85.60 FEET; THENCE SOUTH 69°33' 47" EAST 95.52 FEET; THENCE SOUTH 20°18'29" EAST 62.46 FEET; THENCE SOUTH 62°46'29" EAST 84.76 FEET; THENCE NORTH 83°17'01" EAST 75.45 FEET; THENCE SOUTH 72°59' 53" EAST 148.97 FEET; THENCE SOUTH 87°49' 18" EAST 58.87 FEET; THENCE SOUTH 19°21'29" WEST 64.50 FEET; THENCE SOUTH 44°27'55" WEST 99.20 FEET; THENCE NORTH 82°02'28" WEST 183.13 FEET; THENCE NORTH 41°01' 13" WEST 52.13 FEET; THENCE NORTH 80°33' 17" WEST 45.42 FEET; THENCE SOUTH 63°00'56" WEST 43.31 FEET TO THE BEGINNING OF A TANGENT 125-FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 123°30'33", AN ARC DISTANCE OF 269.46 FEET; THENCE NON-TANGENT TO SAID CURVE SOUTH 32°58' 35" WEST 43.77 FEET; TO THE BEGINNING OF A TANGENT 195-FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 52°18'44", AN ARC DISTANCE OF 178.04 FEET; THENCE NON-TANGENT TO SAID CURVE SOUTH 02°41' 12" WEST 198.80 FEET; THENCE SOUTH 23°06' 50" WEST 132.32 FEET TO THE BEGINNING OF A TANGENT 234-FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 37°19' 50" , AN ARC DISTANCE OF 152.46 FEET; THENCE TANGENT TO SAID CURVE SOUTH 14°13'00" EAST 118.04 FEET; THENCE SOUTH 11°32'12" WEST 69.76 FEET; THENCE SOUTH 54°15' 07" WEST 100.82 FEET TO THE TRUE POINT OF BEGINNING. AREA =8.68 ACRES PARCEL BEGINNING AT THE SOUTHEAST CORNER OF SAID PARCEL 3; THENCE NORTH 00°42'52 EAST, ALONG THE EASTERLY LINE OF SAID PARCEL 3, 1328.80 FEET; THENCE CONTINUING ALONG SAID EASTERLY LINE NORTH 00°39'40" EAST 904.74 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID EASTERLY LINE NORTH 58°01'18" WEST 88.18 FEET; THENCE NORTH 74°29'33" WEST 124.07 FEET; THENCE NORTH 64°04'06" WEST 84.76 FEET; THENCE NORTH 34°48'28" EAST 48.03 FEET TO THE BEGINNING OF A TANGENT 58-FOOT RADIUS CURVE, CONCAVE WESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 91°22'58" AN ARC DISTANCE OF 92.51 FEET; THENCE NORTH 56°34'30" WEST 81.40 FEET; THENCE NORTH 76°18M2" WEST 60.43 FEET; THENCE NORTH 03°03'19" EAST 13.11 FEET TO THE BEGINNING OF A NON- TANGENT 70-FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, A RADIAL TO WHICH BEARS NORTH 67°31'04" EAST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 78°34'45" AN ARC DISTANCE OF 96.00 FEET; THENCE NON-TANGENT TO SAID CURVE NORTH 61°22'40" WEST 12.75 FEET; THENCE NORTH 49°53'57" EAST 84.32 FEET; THENCE NORTH 68°58'06" EAST APRIL 18, 2002 EXHIBIT W J.N.: 971057 PAGE 10 OF 11 227.42 FEET; THENCE NORTH 39°22'04" EAST 64.31 FEET; THENCE SOUTH 74°04'42" EAST 37.13 FEET; THENCE NORTH 77°21'54" EAST 130.56 FEET TO A POINT ON THE EASTERLY LINE OF SAID PARCEL 3; THENCE SOUTHERLY ALONG SAID EASTERLY LINE, SOUTH 00°42'03" WEST 138.19 FEET; THENCE SOUTH 00°39'40" WEST 424.03 FEET TO THE TRUE POINT OF BEGINNING. AREA = 3.37 ACRES W:\MSOFFICE\WINWORD\971057\Parcels A-M.Igl.doc APRIL 18, 2002 EXHIBIT 'A' J.N.: 971057 PAGE 11 OF 11 n NO 5900 Pasteur Court Suite 100 Carlsbad. California 92008 760-93 1 -7700 Fox: 760-931-8680 www.odayconsuttants.com Civil Engineering Planning Processing Surveying EXHIBIT 'B EASEMENT DEDICATION 213-030-11 215-021-07 215-030-06 215-030-14 215-031-08 215-031-13 215-052-15 215-061-01 215-061-09 215-480-02 215-480-03 SHT. 1 OF 18 SHTS REQUESTED BY: MORROW DEVELOPMENT P.O. BOX 9000-685 CARLSBAD, CA 92008-9000 PREPARED BY: TIMOTHY 0. CARROLL. JR. LS. 7700 EXP. 12/31/04 A.P.M. SEE ABOVE* DATE 10-16-00 ©2002 tfDay Consultants, Inc.&\jnBS\97105709\9602P01.DVG 4-19-8008 Ii44>38 pn EST 0' 500' SCALE: 1" = 500' VICINITY MAP NO SCALE DETAIL A NO SCALE EASEMENT TABLE EXHIBIT 'B' ©2002 ODoy Consultants, he. EASEMENT DEDICATION A.P.N. 213-030-11 A.P.N. 215-021-07 A.P.N. 215-030-06 A.P.N. 215-030-14 A.P.N. 215-031-08 A.PM 215-031-13 A.P.N. 215-052-15 A.P.N. 215-061-01 A.P.N. 215-061-09 A.P.N. 215-480-02 A.P.N. 215-480-03 SHT. 2 OF 18 SHTS REQUESTED BY: MORROW DEVELOPMENT P.O. BOX 9000-685 CARLSBAD, CA 92008-9000 PREPARED BY: TIMOTHY 0. CARROLL. JR. LS. 7700 EXP. 12/31/04 A.P.N. SEE ABOVE* DATE 10-16-00 G!\jnBS\97105709\960aP02.DWG 4-19-08 18i47>57 pit EST •PARCEL W 7 2 J 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 'A ' DA TA DELTA/BEARING S 8917'46" E S 02'29'56" W A-lft'WI?" S 15-51 '20" E S 08'39'57"W S W'36'14" E S 26V7'52"E S 0413'44" W S 11V1'07" W S 01'52'28" E S 45-57'35"W S 30'38'55" W N 62'42'04" W S 29'50'W W A 1AQ*A1 'OB*A—I$O r/ 2o N 01"28'22° W A=64'42'47" N 6611 '09"W S 52'39'05" W N 8618'38"W N 44"52'39" W S 48'33'50" W S 19V2'15" E S 26'44'51" W N 76V5'08" W S 0510'50" E S 4412'41a W S 07t20'18" E S 64'49'37" E S 07-23'sr E RADIUS 856.88' 53.00' 38.00' LENGTH 740.84' 11.77' 281.71' 238.571 112.67' 136.62' 111.21' 193.26' 149.37' 104.79' 246.23' 87.41' 52.34' 81.87' 137.54' 64.65' 42.92' 62.29' 94.72' 213.50' 121.00' 128.00' 268.83' 107.85' 115.16' 403.60' 117.45' 82.10' 272.58' 240.83' £ PARCEL WA' DATA W 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 DELTA/BEARING S 12'47'04" W S 44°22'38" E S JO'44'42" E S 50V4'54" W N 89'31'460 W N 6J7J'45" W S 76'44'02" W S 30'47'24" W S 80W59" W N 6216'04" W S 77W02" W S 03'30'50" W S 67*12'50" W N 73'5T28" W S 7r38'31" W S 52W39" W S 21-24'35" W S 56'49'41" W S W'36'04" W S 4616'39" W S 24'49'14" W S 55-22'33" W A=0278W N OQ-32'23" E S 67'44'36" E N 88-25'06" E N 4014'57" E S65W20" E S 4715'08" E N 7610'09" E RADIUS 6905.31' LENGTH 354.43' 298.19' 113.08' 29.64' 83.70' 50.33' 256.34' 138.73' 150.69' 32.93' 93.38' 26.90' 152.86' 39.89' 120.06' 157.62' 183.91' 214.38' 91.39' 441.01' 172.62' 83.26' 279.17' 1868.48' 128.37' 226.92' 189.21' 68.00' 161.42' 85.12' X^UANO^X 1 I NO 7700 / I &&&? CONSULT A/J T S 5900 Pasteur Court Civil Engineering Suite 100 Planning Carlsbad. Ca ifornia 92008 Processing 760-931-7700 Surveying Fox: 760-931-8680 www.odayconsu1tants.com REQUESTED BY: MORROW DEVELOPMENT P.O. BOX 9000-685 CARLSBAD, CA 92008-9000 \t\ EXP- 12/31/04 /*/ ^^ EXHIBIT 'B' ^-SS^ EASEMENT PREPARED BY: TIMOTHY 0. CARROLL, JR. LS. 7700 EXP. 12/31/04 DEDICATION SHT. 3 OF 18 SHTS A.F> N DATE 10-16-00 &\JOBS\97105709\9602P03.DVG 4-19-2008 ia>53'58 pn PST VDCTC. OAfV>D> Dl AT_r\ATA PARCEL '* DATA W 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 DELTA/BEARING N 40'30'34" E N 0929'49" E N 12"24'13" W N 04'47'42" W N 8913'54" E N 29'32'27" E N 05'51'00" W N 60"23'54" W N 36'23'57'' E N 50-20'38" E N 36'36'04"E N 20'48'37" E N 0517'57" W N 0515'20" E N 29W51" E N 6915'40" E S 78"04'26° E S 43'31 '02° E S 84-21 '31 " E N 70-59'or E N 22'48'59"E N 01'48'56" W N 16'38'51a W N 02'38'02" E O*&#*7 CONSULT A>N T S 5900 Pactour Court Civil Engineering Suite 10O Planning Carlsbad. Californio 92008 Processing 760-931-7700 Surveying Fax: 760-931-8680 www.odayconsultonts.com REQUESTED BY: MORROW DEVELOPMENT P.O. BOX 9000-685 CARLSBAD, CA 92008-9000 RADIUS LENGTH 106.15' 73.14' 186.14' 263.74' 65.25' 134.15' 58.90' 133.56' 359.83' 145.52' 165.74' 138.41' 164.64' 160.56' 104.11' 184.61' 113.82' 66.47' 90.83' 95.57' 99.54' 117.24' 343.89' 160.48' EXH • X<"tANO^X /m^w\I ~~* f^ ~*\ "& \ 1 1 NO. 7700 I 1 \ TJ^\ EXP. 12/31/04 /•&/ \JVv ^/^/ , , xSfiS^7 IBIT B ^-^--^ EASEMENT DEDICATION ^ 4 QF lfi SHJS PREPARED BY: TIMOTHY 0. CARROLL, JR. A P M L.S. 7700 EXP. 12/31/04 DATE 10-16-00 &\JQBS\97105709\9602P04.DVG 4-19-200e 1.18.55 pn PST PARCEL 'A' SEE SHEET 2 I P -- N9*18'53" W 2180.00' PARCEL 'C SEE SHEET 7PARCEL 3 PM 1188 NOTE: SEE SHEET No. 18 FOR EASEMENT TABLE PACIFIC OCEAN CITY OF ENCINITAS VICINITY MAP NO SCALE CONSULT TS" 5900 Pasteur Court Suite 100 Carlsbad, California 92008 760-931-7700 Fax; 760-931-8680 w ww.odayconsutta nts.com Civil Engineering Planning Processing Surveying EXHIBIT 'B' EASEMENT DEDICATION 0' 500' SCALE: 1" = 500' A.P.N. A.P.N. A.P.N. A.P.N. A.P.N. A,P.N. A.P.N. A.P.N. A.P.N. A.P.N. A.P.N. 213-030-11 215-021-07 215-030-06 215-030-14 215-031-08 215-031-13 215-052-15 215-061-01 215-061-09 215-480-02 215-480-03 SHT. 5 OF 18 SHTS REQUESTED BY: MORROW DEVELOPMENT P.O. BOX 9000-685 CARLSBAD, CA 92008-9000 PREPARED BY: TIMOTHY 0. CARROLL. JR. L.S. 7700 EXP. 12/31/04 A.P.M. SEE ABOVE* DATE 10-16-00 G>\JOBS\97105709\9602P05.DWG XREFS: 9602P; 9602HCP5; 9602AMAP 4-19-03 I<07i03 pn EST •PARCEL °B9 DAw/ 2 J 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 DELTA/BEARING S 2714'08" E S 56-24'22° E S 1613'59" E S 38V7'28" W S 0153'05" E S 14'35'00" W S 46"27'07" W S OOW'03" W S 30'42'21" E S 64'43'57"E N 74'51'28* E N 23'31'48"E N 64-25'27" E S 56?5'03" E N 86V4'30" E N 29'40'OD" E N 5513'58" E N 3418'43" E S 44V1'53" E S 08"23'43" W S 87'38'09" W S 4612'31tt W S 0627'JO" E S 39'42'26" W S 28V5'37" W Cfo**7 CONSULT A>N T S 5900 Pasteur Court Civil Engineering Su te 100 Planning Carlsbad. California 92008 Processing 760-931-7700 Surveying Fox: 760-931-8660 www.odaycon3ultants.com REQUESTED BY: MORROW DEVELOPMENT p.o: BOX ' 9000-595 CARLSpAO, CA 92008-9000 RADIUS TA LENGTH 60,09' 83.91' 69.70' 147.32' 135.60' 175.78' 79.09' 165.03' 228.86' 198.83' 63.11' 244.44' 121.32' 38.17' 216.75' 114.43' 75.51' 194.55' 76.39' 87.86' 91.50' 136.10' 40.64' 60.00' 106.50' •PARCEL *B' W 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 DELTA/BEARING N 59'47'14" W S 70'05'41° W S 23'01'35" W S 42'56'W W S 10'45'54" W S 34'52'35" E S 77I59'23" W N 86'53'31" W S 7r47'04° W N 38"29'040 W N 57'38'48" W N 07'43'39" W N 60'57'51" W S 7r33'25" W N 60W03" W N 26'41'48° W N 09'37'26" W N 09'39'32" E N 03-24'04" W N 07W5J" E N 1614'23" E N 28'35'49" E N 49'58'41" E N 38-27'W E DATA RADIUS LENGTH 60.82' 95.11' 71.39' 128.66' 163.60' 186.21' 148.80' 105.77' 98.46' 130.62' 88.07' 75.70' 55.47" 65.38' 117.88' 180.33' 161.16' 116.13' 233.53' 82.77' 121.59' 117.28' 62.97' 195.63' X5^ANT>V \$^ '*°\ \ 1 I NO. 7700 / I \k\ EXP- 12/31/04 /^/ ,,X%^/EXHIBIT 'B' ^-^^ EASEMENT DEDICATION PREPARED BY: TIMOTHY 0. CARROLL. JR. LS. 7700 EXP. 12/31/04 SHT. 6 OF 18 SHTS A.P.N DATE 10-lfeOa G'\JDBS\97105709\9602P06,DWG 4-19-8002 12>54i30 pnPST "~ 'Vi '•' P.O.B. PARCEL 1 7M 1188 NOTE: SEE SHEET No. 18 FOR'// EASEMENT TABLE PARCEL 3 PM\\1188 PARCEL ' 33.25 AC.No, 10257 PARCEL A PM 13427 PARCEL 3 PM 1188 0' 500' SCALE: 1" = 500' VICINITY MAP NO SCALE 5300 PoEteur Court Civil Engineering Suite 100 Planning Carlsbad, California 92008 Processing 760-931-7700 Surveying Fax: 760-931-8680 www.odoycon3uUonts.com EXHIBIT 'B' EASEMENT DEDICATION A.P.N. 213-030-11 A.P.N. 215-021-07 A.P.N. 215-030-06 A.P.N. 215-030-14 A.P.N. 215-031-08 A.P.N. 215-031-13 A.P.N. 215-052-15 A.P.N. 215-061-01 A.P.N. 215-061-09 A.P.N. 215-480-02 A.P.N. 215-480-03 SHT. 7 OF 18 SHTS REQUESTED BY: BORROW DEVELOPMENT P.O. BOX 9000-685 CARLSBAD, CA 92008-9000 PREPARED BY: TIMOTHY 0. CARROLL. JR. LS. 7700 EXP. 12/31/04 A.P.N. SEE ABOVE* DATE 10-16-00 Gi\JOBS\97105709\9602P07.DWG 4-19-2002 W4i34 pn ESTQRO7AMAP • • PARCEL ©/ 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 'C' DA DELTA/BEARING S 00'40'J/" S 00'42'03" N 35'49'08" N 8813'54" N 36'34'37" N 79"54'26" S 89V5'22" S 72"22'23" N 6510'29" N 37'05'28" N W51'33" N 32W14" N 7r28'43" N 39"29'02" S 84V1'29" S 21'42'51tt W W W W W W W W W E W W W W W W S 36'48'04" W S 81"20'03" S 0613'57" O*&6~j CONSULT A>N T S 5900 Pasteur Court Civil Engineering Suite 1DO Planning Carlsbad. California 92008 Processing 760-931 -7700 Surveying Fax: 760-931-8680 www.odoyconsultants.com REQUESTED BY: MORROW DEVELOPMENT P.O. BOX 9000-685 CARLSBAD, CA 92008-9000 W W RAD/US TA LENGTH 168.49' 1197.24' 82.80' 158.74' 58.94' 195.94' 132.00' 87.70' 83.03' 144.60' 124.20' 124.93' 113.39' 76.75' 81.40' 67.59' 105.76' 72.49' 76.79' PARCEL 'C9 © 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 DELTA/BEARING S 36-3T23" E S J020'05" W N 87'46'42" W S 59'27'17" W S 89-22'W W N 6318W W S 83'33'32" W S 49-49'04" W N 88'34'37" W N 7419'26" W N 5019'22" W N 38V7'46"E N 575/V7" W N 39-2T27" W N 17'39'48tt E N 76V9'45"E N 67-35'l7"E N 66"20'43"E DATA RADIUS LENGTH 142.02' 14.44' 169.50' 35.83' 145.81' 58.52' 85.82' 113.37' 184.62' 36.23' 182.07' 26.96' 233.37' 93.50' 19.93' 719.41' 560.68' 1121.08' Jf^t|\ I I NO. 7700 / I ^\^DCP.W31/04/^ EXHIBIT 'B' ^Lc^/ EASEMENT DEDICATION PREPARED BY: TIMOTHY 0. CARROLL, JR. LS. 7700 EXP. 12/31/04 SHT. 8 OF A.P 18 SHTS N. DATF 10-16-00 &\JDBS\97105709\960aP08.DWG 4-19-2002 12>55i05 pn PST NOTE: SEE SHEET No. 18 FOR EASEMENT TABLE PAHCZL 3 PM 1188 VICINITY MAP NO SCAL 5900 Pastour Court Suite 100 Carlsbad, California 92008 760-931-7700 Fax: 760-931-8680 www.odayconsuttont9.com Civil Engineering Planning Surveying EXHIBIT 'B' EASEMENT DEDICATION A.P.N. 213-030-11 A.P.N. 215-021-07 A.P.N. 215-030-06 A.P.N. 215-030-14 A.P.N. 215-031-08 A.P.N. 215-031-13 A.P.N. 215-052-15 A.P.N. 215-061-01 A.P.N. 215-061-09 '-. A.P.N. 215-480-02 A.P.N. 215-480-03 SHT. 9 OF 18 SHTS REQUESTED BY: MORROW DEVELOPMENT P.O. BOX 9000-685 CARLSBAD, CA 92008-9000 PREPARED BY: TIMOTHY 0. CARROLL. JR. LS. 7700 EXP. 12/31/04 A.P.NI SEE ABOVE* DATE 10-16-00 Gi\JDBS\97105709\960eP09,DVG 4-19-2008 M5'33 pn PST XREFS: 9602P: 9602HCP5: 9602AMAP PARCEL 'IT DATA ©/ 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 DELTA/BEARING N 02"23'44" W N 03'22'30" W N 12-54'59" E N H-23'47" E A=18W28" N 3014'15" E A=46'53'48" N 16'39'33" W A=28"20'35a N 11'41'02"E A=26'4017" N 38-21 '19" E S 46W58" E S 79-24'13" W N 83"55'19" W S 6T58'52a W S 2111'49" W 6=56-2413" A=29-20'40" S 05-51 "44" E S 14W14" E 0£te*V CONSULT A>N T S 5900 Pasteur Court Civil Engineering Suite 1OO Planning Carlsbad. California 92008 Processing760-931-7700 Surveying Fax: 760-931-8680 www.odayconsultanta.com REQUESTE MORROW DP P.O. BOX 9C CARLSBAD, C D BY /ELOPK inn cc\\j\3 DC;A 9 ENT 55 2008-9000 RADIUS 433.00' 767.00' 1433.00' 433.00' 103.00' 110.00' LENGTH 4.28' 112.77' 200.00' 1087.49' 142.39' 286.65' 627.79' 492.40' 708.88' 230.97' 201.56' 179.90' 208.42' 34.62' 149.66' 58.43' 93.91' 101.40' 56.34' 110.53' 64.16' PARCH 'D © 22 23 24 25 26 27 28 29 30 Jf 32 33 34 35 36 37 38 39 40 41 DELTA/BEARING S 22'36'40" E S 02I27'49" E S 2214'36" E S 47'37'03" E S 8451 '27" E N 77'41'40" E S 68'44'36" E S0513'15" E S 35'43'38" W S 86'31'24" W S 3515'46" W S 18'53'28" W SOO-24'34" E S12W14" E S WIO'41* W S 36?7'37" W S 18'45'25" W S 39?2'32" W S 1812'53a W N 80'07'56" W ' DATA RADIUS EXHIBIT 'B' EASEMENT DEDICATION PREPARED BY: TIMOTHY 0. CARROLL, JR. LS. 7700 EXP. 12/31/04 LENGTH 168.86' 190.77' 151.66' 75.43' 65.31' 116.59' 105.98' 147.29' 260.57' 72.55' 188.61' 176.51' 155.73' 153.29' 170.50' 118.02' 154.09' 161.67' 87.92' 100.97' I I NO. 7700 \ SHT. 10 OF 18 SHTS A.P.N. HATF 10-16-00 &\JDBS\97105709\960eP10.DWG 4-19-2002 Iil6'20 pn PST NOTE: SEE SHEET No. 18 FOR EASEMENT TABLE 0' 300' SCALE: 1" = 300' PARCEL A \ PM 13427 PAttCEL 3 PM 1188 VICINITY MAP NO SCALE EXHIBIT 'B5900 Po9teur Court Suite TOO Carlsbad. California 92008 760-931-7700Fox: 760-931-8680 www.odayconsultonta.com Civil Engineering Planning Processing Surveying EASEMENT DEDICATION 213-030-11 215-021-07 215-030-06 215-030-14 215-031-08 215-031-13 215-052-15 215-061-01 215-061-09 215-480-02 215-480-03 SHT. 11 OF 18 SHTS REQUESTED BY: MORROW DEVELOPMENT P.O. BOX 9000-685 CARLSBAD, CA 92008-9000 PREPARED BY: TIMOTHY 0. CARROLL. JR. LS. 7700 EXP. 12/31/04 A.P.N. SEE ABOVE* DATE 10-16-00 Gi\JOBS\97105709\9602Pll.DWG 4-19-8002 1'18'34 pr> P:XREFS: 9602P: 9602HCP5; 9602AMAP • PARCEL 'E' DA © DELTA/BEARING 1 N 02'23'45" W 2 N 03"23'29" W 3 N12'54'59"E 4 N H-23'47" E 5 N 16-27>42" E 6 N r228'06" E 7 N 83V2'W E 8 S 38'52'29" E 9 N sown5"E 10 S 03'06'14" W 11 S 66-13'02" E 12 N 72-34'180 E 13 S 78'44'04" E 14 N 62V1'42" E 15 S7118'33"E o*o&? CONSULT A^N T S 5900 Pasteur Court Civil Engineering Suite tOD Planning Carlsbad, California 92008 Processing 760-931-7700 Surveying Fox: 760-931-8680 www.odoycon5ultont3.com REQUEST MORROW D P.O. BOX £ CARLSBAD, ED BY: EVELOPMENTinnn K&G,)UUU DoD CA 92008-9000 RADIUS TA LENGTH 4.28' 62.91' 248.06' 577.31' 88.63' 391.16' 84.55' 82.82' 120.99' 164.63' 123.71' 152.76' 94.17' 39.47' 192.17' • PARCEL 'E' © 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 EXHIBIT J DELTA^BEARING RAL 8/2833 W S 654919 W S 54'03'29" W — S 3517'03" W — 1730 12 W N 822302 W 243928 W 07V72/ W 163856 E 424802 E N 78V454 E 45 jv 11 E 10V951 E N 50'45'54' W — A=37V6'52° 105 \ I NO. 7700 J V£\ EXP. 12/31/04 / X5 OF CAXA'LX'''^B' ^ ^ EASEMENT DEDICATION PREPARED BY: TIMOTHY 0. CARROLL, JR. LS. 7700 EXP. 12/31/04 i \ DATA WS LENGTH 86.23 82.62 — 83.74' — 84.43' 2b9. 12 225.30 189.94 212.44 227.23 n j r>-t*94.87 100.25 J2.2/ 323.09 — 109.47' 1.00 680.81' \n y SHT. 12 OF 18 SHTS. X.P N •UTF 10-16-00 G'\JDBS\97105709\960aP12.DWG 8008-4-18 9i55>25 an PST \ PARCEL 'A' PM 13427 0' 500' SCALE: 1" = 500' PACIFIC OCEAN CITY OF ENCINITAS VICINITY MAP NO SCALE NOTE: SEE SHEET No. 18 FOR EASEMENT TABLE CONSULT A'N T S 5900 Pasteur Court Suite 100 Carlsbad, California 92008760-931-7700 Fax: 760-931-8680www.odayconsultonts.com Civil Engineering Planning ''EXHIBIT 'B EASEMENT DEDICATION A.P.N. 213-030-11 A.P.N. 215-021-07 A.P.N. 215-030-06 A.P.N. 215-030-14 A.P.N. 215-031-08 A,P.N. 215-031-13 A.P.N. 215-052-15 A.P.N. 215-061-01 A.P.N. 215-061-09 A.P.N. 215-480-02 A.P.N. 215-480-03 SHT. 13 OF 18 SHTS REQUESTED BY: MORROW DEVELOPMENT P.O. BOX 9000-685 CARLSBAD, CA 92008-9000 PREPARED BY: TIMOTHY 0. CARROLL. JR. LS. 7700 EXP. 12/31/04 A.P.M. SEE ABOVE* DATE 10-16-00 Gi\JDBS\97105709\9602P13.DWG 4-19-8002 M9i38 pn PST XREFS: 9602P: 9602HCP5: 9602AMAP ftw\vP>V N^ HR-4 •PARCEL T, 'G', 'H' & T DATA W / 2 J 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 DELTA/BEARING N0510'15"E O— llrjitf 47/» S84'49'54"W N24'36'57"W N35'49'44"E A=09'57V7" A=00'58'32" M6V5'45"W N2919'56"W N04'56'42"W N59"54'03"W N39'31'WE S63'31'01"E S21W'29"E S62V2'04"E S2913'47"W A=4519'32" S16V5'45"E N2913'47"E A 9R'1t\n—ZO JO'W N02'38'37"E ""UNO^X. ^A TlMO. 7700 / I P. 12/31/04 /*/ ^^/10 /HR-18N o*&#~? CONSULT A>N T S 5900 Pnateui- Court Civil Engineering Sute 100 Planning Corlsbod, California 92008 Processing 760-931 -7700 Surveying Fox: 760-931-8680 www.odoyconsultant3.corn REQUEST MORROW Di P.O. BOX 9 CARLSBAD, ED B" IVELOPnnn cUUU c CA r': MENT 85 92008-9000 RADIUS 1000.00' 1000.00' 1000.00' — —— 300.00' 800.00' LENGTH 408.81' 180.45' 61.53' 90.00' 116.54' 173.69' 17.03' 72.57' 144.76' 385.06' 125.49' 96.40' 50.28' 172.15' 54.55' 51.05' 237.32' 171.05' 9.61' 371.21' 131.14' •PARCEL T 'H' & '/' ^22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 DELTA/BEARING N87?rt4*W N25'50'22"W N09'01'57"W N27'28'54"W N0513'29"W N12V6'56"E N7513'03"E A=28'5511" A-l9o4 79 S13V4WE A-WAyi?" S02'38'37*W A=f5'48V5" N37-52'57"W S52V7'03"W H39"05'42"W N47W'22"W S7416'51"E A^JGZJW S3r52'57"E > >f*9 9 V , DATA RADIUS 450.00' 600.00' 600.00' 450.00' 400.00' LENGTH 24.09' 301.57' 149.59' 95.90' 230.01' 46.72' 180.43' 227.13' 208.45' 54.28' 164.52' 180.27' 124.10' 221.05' 76.16' 153.71' 166.21' 47.21' 254.11' 42.38' EXHIBIT JB' EASEMENT PREPARED BY: TIMOTHY 0. CARROLL JR. LS. 7700 EXP. 12/31/04 DEDICATION SHT. 14 OF 18 SHTS A.P.N. r>ATF 10-16-00 &\JDBS\97105709\960aP14,DWG 4-19-2003 Ii21'08 pn PST DETAIL NTS 0' , , 500' SCALE: 1" = 500' NOTE: SEE SHEET No. 18 FOR EASEMENT TABLE PACIFIC OCEAN VICINITY MAP NO SCALE CONSULT T S" 5900 Pasteur Court Suite 100 Carlsbad. California 92008 760-931-7700 Fax: 750-931-8680 www.odayconsultants.com Civil Engineering Processing Surveying EXHIBIT 'B' EASEMENT DEDICATION 213-030-11 215-021-07 215-030-06 215-030-14 215-031-08 215-031-13 215-052-15 215-061-01 215-061-09 215-480-02 215-480-03 SHT. 15 OF 18 SHTS REQUESTED BY: MORROW DEVELOPMENT P.O. BOX 9000-685 CARLSBAD, CA 92008-9000 PREPARED BY: TIMOTHY 0. CARROLL. JR. LS. 7700 EXP. 12/31/04 A.P.M. SEE ABOVE* DATE 10-16-00 G<\JOBS\97105709\9602P15.DVG 4-19-8002 12>39>05 pn PST XREFS: 9602P: 9602HCP5: 9602AMAP /if"? 1 I NO. 7700 \*\ EXP 12/31/04, 'K' & I9 DATA (fio) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 \\ V O/(&**7 CONSULT A^l T S 5900 Poateur Court Civil Engineering Suite 100 Plonning Corlsbofi, Cotiforflio 920QB Processing 760-931-7700 Surveying Fax; 760-931-8680 w ww . odaycansul tants.com REQUESTED BY: MORROW DEVELOPMENT P.O. BOX 9000-685 CARLSBAD, CA 92008-90C DELTA/BEARING N8913'50"W S60'39'42"E S60'39'42"E AA OnY1717au JfUUij 7 / N05V4'14"W N46V4'17"W N60'42'13"W N36"22'02"E S7911'50"E N8913'50"W N36"22'02"E S36"22'02"W N60'42'13'W N7819'27°W N63'36'06"W N5818'58"E N4919'22"E N32'55'40"E N3519'55"E N1817'15"E N03-28'13"E M2V6'37"W A=26V912" N5415'07"E 26 27 28 29 30 31 32 33 34 S06-23'13"E S12'57'45''E S38W'41"E S43'43'33"E SOr57'47"W S24"25'14°W S49'57'19"W S03-25'18"E S39V2'59"E S7911'50"E RADIUS 949.00' 285.00' ^^___^ LENGTH 305.45' 48.61' 501.18' 332.17' 111.44' 118.42' 276.22' 141.19' 95.14' 107.70' 3.67' 123.47' 171.27' 21.66' 237.98' 82.61' 29.52' 124.69' 81.66' 179.69' 97.49' 100.44' 130.09' 100.82' 26.53' 70.93' 158.78' 145.78' 81.54' 229.94' 152.67' 86.62' 54.34' 141.54' EXHIBIT 'B fa) 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 ^tmPARCEL 'J', 'K' & 'L' DATA DELTA/BEARING NX15'49"W A ^Q17*yRaa— jy it £o N07'34'59~E N2515'42°E A 9QY)1 '<dfl*£J <£h7 (// "O N03'46'06"W MJ'20'tJ"E N32V2'43"E 6=681212" N36V9'29"W N03'41'44"E N70'49'45"E N1312'20"E N5912'11"E S3317'12"W S14-21'05"E S69'33'47"E S2018'29"E S62'46'29"E N8317>01"E S72'59'53"E S37'49'18"E SW21'29ttW S44"27'55"W N82V2'28"W N41V1'13"W N80'33'17"W S63W'56"W A 1O7'7/1'77aA-lZJJU JJ S32'58'35"W &=5218'44" S02'41'12"W S23V6'50"W „ A—\J/I 9 j[/ S1413WE S11'32'12"W > EASEMENT DEDICATION PREPARED BY: TIMOTHY 0. CARROLL, JR. 10 LS. 7700 EXP. 12/31/04 A.P. RADIUS 550.00' 440.00' 260.00' ^____ 125.00' 195.00' 234.00' LENGTH 116.73'377.1 r 20.00' 110.81' 222.93' 59.15' 20.00' 33.43' 309.50' 118.67' 16.95' 198.64' 126.66' 85.31' 63.78' 85.60' 95.52' 62.46' 84.76' 75.45' 148.97' 58.87' 64.50' 99.20' 183.13' 52.13' 45.42' 43.31' 269.46' 43. 771 178.04' 198.80' 132.32' 152.46' 118.04' 69.76' 16 OF 18 SHTS. M SEE ABOVE* HATF 10-16-00 &\JDBS\97105709\9602P16.DWG 4-19-2008 12.36.44 pn PST PARCEL 'M' DXTA ®/ 2 J 4 5 6 7 8 9 10 77 12 13 14 15 16 17 DELTA/BEARING N58V1'18"W N74-29'33"W N64V4'06"W N34'48'28°E A=9f'22'58" N56'34'30"W N7618'42"W N03W'19"E A=78'34'45" N61"22'40"W N49'53'57'E N68-58'06"E N39-22'04"E S74V4'42'E N77-21'54"E SOO'42'03*W <?nn'io'An"u/ RADIUS 58.00' 70.00' LENGTH 88.18' 124.07' 84.76' 48.03' 92.51' 81.40' 60.43' 13.11' 96.00' 12.75' 84.32' 227.42' 64.31' 37.13' 130.56' 138.19' JIOA /)?' SCALE: 1" = 500' CITY OF OCEANSIDE PACIFIC OCEAN OF VISTA CITY OF SAN MARCOS CITY OF ENCINITAS VICINITY MAP NO SCALE C D N S U L T 5900 Posteur Court SuiW 100Carlsbad, California 92008 760-931-7700 Fax: 760-931-8680 www.odoyconsultont9.com Civil Engineering Plonning Processing Surveying NOTE: SEE SHEET No. 18 FOR EASEMENT TABLE y * ''EXHIBIT 'B A.P.N. A.P.N. A.P.N. A.P.N. A.P.N. A.P.N. A.P.N. A.P.N. A.P.N. A.P.N. A.P.N. 213-030-11 215-021-07 215-030-06 215-030-14 215-031-08 215-031-13 215-052-15 215-061-01 215-061-09 215-480-02 215-480-03 EASEMENT DEDICATION SHT. 17 OF 18 SHTS REQUESTED BY: MORROW DEVELOPMENT P.O. BOX 9000-685 CARLSBAD, CA 92008-9000 PREPARED BY: TIMOTHY 0. CARROLL JR. LS. 7700 EXP. 12/31/04 A.P.N SEE ABOVE* DATE 10-16-00 &\JDBS\97105709\960aP17.DWG 4-19-3008 Ml'57 pn PST XREFS: 9602P: 9602HCP5: 9602AMAP EASOqiT NOTES: f ^X*^TAN/T*>\/& ^-—LlSfo\^ /<*3/^s' ^^^d$£\ /^v* ^\°\ l\ ^n \ I I NO. 7700 1 j \j\ &P- 12/31/00 J*kl \vfX\. ^/^J N^L^X FIRST AMERICAN TITLE INSURANCE CO. PRELIMINARY TITLE REPORT / 1126323-11 DATED NOVEMBER 24, 1998 ITEM 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 21 22 23 25 26 A 27 38 39 40 41 44 PURPOSE POWER ROAD POWER POWER POWER POWER POWER POWER WATER WATER SEWER POWER POWER SLOPE/DRAINAGE POWER CABLE TV CABLE TV ROAD/DRAINAGE WATER SEWER ROAD/SLOPES UTILITIES SEWER TELEPHONE POWER SEWER SEWER SEWER PARK OWNER SDG&E COUNTY SDG&E SDG&E SDG&E SDG&E SDG&E SDG&E CMWD CMWD SMCWD SDG&E SDG&E COUNTY SDG&E DANIELS DANIELS CARLSBAD CMWD LCWD CARLSBAD PRIVATE SMCWD PACIFIC BELL SDG&E CARLSBAD CARLSBAD VWD CARLSBAD DOCUMENT BK 798, PG 241 BK 1514, PG 145 BK 5179, PG 433 BK 5207, PG 158 BK 5208, PG 399 BK 5212, PG 492 BK 5235, PG 130 BK 5273, PG 432 151772 183352 84209 15564 158721 158741 130797 23034 82-254573 82-254574 86-412542 86-412543 83-449259 84-043971 84-180447 84-312777 85-335690 86-078338 NO RECORD FD. NO RECORD 1997-0488228 1998-0366137 1997-0605498 1998-0077512 1998-0151414 1998-0152413 DATE 2/16/20 6/11/43 3/23/54 4/16/54 4/19/54 4/22/54 5/12/54 6/18/54 7/27/60 10/23/61 5/11/64 1/27/69 8/28/69 8/28/69 7/24/70 2/05/71 8/17/82 8/17/82 9/19/86 9/19/86 12/9/83 2/06/84 5/15/84 8/16/84 9/12/85 2/28/86 10/01/97 6/16/98 12/01/97 2/13/98 3/20/98 3/20/98 EXISTING FACILITY O.H. ELECTRICAL ROAD ELECTRICAL O.H. ELECTRICAL O.H. ELECTRICAL O.H. ELECTRICAL O.H. ELECTRICAL O.H. ELECTRICAL 30" GAS 10" WATER 8" WATER 16" & 12" SEWER VACANT VACANT SLOPE & DRAINAGE VACANT O.H. U/G CABLE TV ROAD 8" WATER VACANT VACANT VACANT 20" SEWER O.H. TELEPHONE UNKNOWN* PUMP STATION PUMP STATION 24" DIP SEWER VACANT *//VMTT/W rtkikinT or ncTroim/m ronu otrrnon CONSULT A'N T S 5900 Posleur Court Civil Engineering F V L 1 1 D I T* D Suite 100 Plonning L_ A H 1 D 1 1 D r.,= 5S5:^S Suray"9 EASEMENT DEDICATION CUT .0 nr .. CUTCwww.odayconsuttonta.com oHI.lO L/T lu JlJIO. REQUESTED BY: PREPARED BY: | MORROW DEVELOPMENT TIMOTHY 0. CARROLL JR.A.P>L P.O. BOX 9000-685 CARLSBAD, CA 92008-900nu LS. 7700 EXP. 12/31/04 HAJF 10-16-00 Gi\JDBS\97105709\9602P18.DWG 4-19-8003 !&45t58 pn PST VPFFQ. QKO9P DEVELOPMENT 1903 Wright Place, Suite 180 . Carlsbad, CA 92008 . phone: 760 929-2701 HAND DELIVERED fax: 760 929-2705 April 22,2002 Mr. David Lawhead California Department offish and Game South Coast Region 4949 Viewridge Avenue San Diego, CA 92123 Dear Sirs: In accordance with the provisions of the Implementation Agreement Regarding City of Carlsbad/Fieldstone/La Costa Associates, Habitat Conservation Plan/Ongoing Multi- Species Plan for Properties in the Southeast Quadrant of the City of Carlsbad, California, dated June 1995, (the "HCP") we are delivering the executed originals of the Irrevocable Offer to Convey Real Property and a copy of a Conservation Easement Deed. These two documents pertain to the HCP Conserved Habitat area found on our La Costa Greens Property, also referred to in the HCP as the Northeast Property. We are not currently undertaking any modifications to the Greens/Northeast habitat and therefore will, through contract with either Center for Natural Lands Management or Helix Environmental, maintain the property hi accordance with Section V. B. of the HCP. Actual conveyance is scheduled to occur later this year with recordation of our final map for the Greens, in accordance with the previously approved long-term management contract. If you have any questions, please contact me at your convenience. Sincerely.. FredArbuckle President Morrow Development, Agent for Real Estate Collateral Management Cc Mr. Don Rideout •Mr. Don Neu City of Carlsbad 1635 Faraday Aye. Carlsbad, CA 92008 Mr. John Martin US Fish and Wildlife Service 2730 Loker Avenue West Carlsbad, CA 92008 Ron Rouse TimO'Grady David Watts RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: r i Ronald W. Rouse, Esq. Luce, Forward, Hamilton & Scripps, LLP 11988 El Camino Real, Suite 200 San Diego, CA 92130 L J MAIL TAX STATEMENTS TO: [Not Applicable] SPACE ABOVE THIS LINE FOR RECORDERS USE Documentary transfer tax is $ -0- [X] Computed on full value of property conveyed, or [ ] Computed on full value less value of liens and encumbrances remaining at time of sale or transfer. [ ] Unincorporated area or [X] City of Carlsbad. IRREVOCABLE OFFER TO CONVEY REAL PROPERTY (La Costa Greens) Re: Implementation Agreement Regarding The City APN Portion of: of Carlsbad/Fieldstone/La Costa Associates Habitat Conservation Plan/On-Going Multi-Species Plan REAL ESTATE COLLATERAL MANAGEMENT COMPANY, a Delaware corporation, (hereinafter designated "Grantor"), represents that they are the owners of the hereinafter described real property and successors in interest as owner to Fieldstone/La Costa Associates Limited Partnership, and in consideration of the rights, duties and obligations of the parties to that certain "Implementation Agreement Regarding the City of Carlsbad/Fieldstone/La Costa Associates Habitat Conservation Plan/On-Going Multi-Species Plan dated June 7,1995 " (hereafter the "Implementation Agreement"), hereby makes an IRREVOCABLE OFFER OF CONVEYANCE to the CENTER FOR NATURAL LANDS MANAGEMENT, a California non-profit corporation, (hereinafter collectively designated "Grantee"), its successors and assigns, of fee title to the Conserved Habitat, as that term is used in the Implementation Agreement, of the hereinafter described real property for the following purpose: Irrevocable Offer of Conveyance 27817-7/1736982.1 TO BE HELD AND USED IN PERPETUITY FOR WILDLIFE CONSERVATION PURPOSES. The real property referred to above is situated in the City of Carlsbad, County of San Diego, State of California consisting of Parcels A through M, inclusive as more particularly described in Exhibit "A" and shown on Exhibit "B", attached hereto and made a part hereof (hereafter the "Conserved Habitat") together with all flora and fauna now growing or located on, or to be grown or located on, the Conserved Habitat. This Irrevocable Offer, and any subsequent deed or conveyance in furtherance thereof, shall also (i) be subject to Grantor's " Conservation Easement Deed" in favor of the California Department of Fish and Game (hereafter "CDFG") an agency of the State of California, as provided in Section V.A.I.a. of the Implementation Agreement and (ii) satisfy the conditions set forth in Section V.A.l.b.(l) and (2) of the Implementation Agreement, as applicable. RESERVING and EXCEPTING from this Irrevocable Offer and from any subsequent deed or conveyance in furtherance thereof, to the Grantor, or its successors and assigns, agents or contractors and public agencies, the right of access and easements for the purpose of planning, constructing, grading, operating, maintaining, replacing or reconstructing public or private sewer, water, utility, basins, drainage and all other public and private facilities over, under or across the Conserved Habitat necessary or required for the efficient and orderly development of Grantor's "Project and Plan Activities" activities described in Section IV.G. of the Implementation Agreement, including but not limited to the following activities: 1. PARCEL A: Construct and maintain local trail on or adjacent to the existing alignment of Vallecitos and Carlsbad sewer easements. Remove or underground existing overhead electric, telephone and cable facilities. 2. PARCEL C: Riparian mitigation, enhancement, maintenance and monitoring pursuant to the Clean Water Act 404/401 Permits and State 1603 Agreement. Remove or relocate existing overhead electric, telephone and cable facilities. 3. PARCEL M: Local trail construction and maintenance; habitat revegetation. 4. PARCEL K: Local trail construction and maintenance. 5. PARCEL J: Local trail construction and maintenance. 6. PARCEL I: Construction, operation, maintenance and all weather access road over existing dirt road in order to maintain public drainage basins on Lots 18,41 and 44. Provided however, any habitat disturbed in connection with those activities is reasonably restored in accordance with Section IV.G. of the Implementation Agreement. FURTHER RESERVING and EXCEPTING from this Irrevocable Offer and from any subsequent deed or conveyance in furtherance thereof, the reversion of fee title to Grantor on the occurrence of Irrevocable Offer of Conveyance 27817-7/1736982.1 the condition subsequent that the Conserved Habitat is used for any purpose other than wildlife conservation as provided in Section V.A.I, of the Implementation Agreement or in the event the Implementation Agreement and associated HCP/OMSP is judicially invalidated. This Irrevocable Offer shall be irrevocable and shall be binding on the Grantor, its heirs, executors, administrators, successors and assigns in accordance with its rights, duties and obligations set forth in the Implementation Agreement. IN WITNESS WHEREOF, the Grantor has caused this Irrevocable Offer of Dedication to be executed this j& day of Af V I , 2002. Real Estate Collateral Management Company, a Delaware corporation, as Owner Name: David Watts Title: Vice President Irrevocable Offer of Conveyance 27817-7/1736982.1 STATE OF ) ss: COUNTY On /Tff/-/ / 20tf*r before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. OFFICIAL SEAL __ DIANA C MORENO I Notary Public EXHIBIT XA' LEGAL DESCRIPTION PORTIONS OF PARCEL 3 OF PARCEL MAP NO. 1188, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 20, 1972 AS FILE NO. 340334 OF OFFICIAL RECORDS, TOGETHER WITH THAT PORTION DESIGNATED AS "NOT A PART OF THIS PARCEL MAP" NO. 1188. ALSO THAT PORTION OF THE SOUTH HALF OF SECTION 25 LYING NORTHERLY OF ALGA ROAD, EXCEPTING THEREOF THAT PORTION LYING NORTHERLY OF THE 200 FOOT WIDE SDG&E EASEMENT RECORDED JUNE 18, 1954 IN BOOK 5273, PAGE 432, O.R., IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED IN PARCELS XA' THROUGH AM' AS FOLLOWS: PARCEL BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL 3; THENCE SOUTH 89°17'46" EAST, ALONG THE NORTHERLY LINE OF SAID PARCEL 3, 574.65 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTHERLY LINE SOUTH 89°17'46" EAST 740.84 FEET; THENCE LEAVING SAID NORTHERLY LINE SOUTH 02°29'56" WEST 11.77 FEET TO THE BEGINNING OF A TANGENT 856.88-FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE SOUTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 18°50'12", AN ARC DISTANCE OF 281.71 FEET; THENCE NON-TANGENT TO SAID CURVE SOUTH 15°51'20" EAST 238.57 FEET; THENCE SOUTH 08°39'57" WEST 112.67 FEET; THENCE SOUTH 16°36'14" EAST 136.62 FEET; THENCE SOUTH 26°07'52" EAST 111.21 FEET; THENCE SOUTH 04°13'44" WEST 193.26 FEET; THENCE SOUTH 11°01'07" WEST 149.37 FEET; THENCE SOUTH 01°52'28" EAST 104.79 FEET; THENCE SOUTH 45°57'35" WEST 246.23 FEET; THENCE SOUTH 30°38'55" WEST 87.41 FEET; THENCE NORTH 62°42'04" WEST 52.34 FEET; THENCE SOUTH 29°50'10" WEST 81.87 FEET TO THE BEGINNING OF A TANGENT 53-FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 148°41'28", AN ARC DISTANCE OF 137.54 FEET; THENCE TANGENT TO SAID CURVE NORTH 01°28'22" WEST, 64.65 FEET TO THE BEGINNING OF A TANGENT 38-FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 64°42'47", AN ARC DISTANCE OF 42.92 FEET; THENCE TANGENT TO SAID CURVE NORTH 66°11'09" WEST 62.29 FEET; THENCE SOUTH 52°39'05" WEST 94.72 FEET; THENCE NORTH 86°18'38" WEST 213.50 FEET; THENCE NORTH 44°52'39" WEST 121.00 FEET; THENCE SOUTH 48°33'50" WEST 128.00 FEET; THENCE SOUTH 19°02'15" EAST 268.83 FEET; THENCE SOUTH 26°44'51" WEST 107.85 FEET; THENCE NORTH 76°05'08" WEST 115.16 FEET; THENCE SOUTH 05°10'50" EAST 403.60 FEET; THENCE SOUTH 44°12'41" WEST 117.45 FEET; THENCE SOUTH 07°20'18" EAST 82.10 FEET; APRIL 18, 2002 EXHIBIT 'A' J.N.: 971057 PAGE 1 OF 11 THENCE SOUTH 64°49'37" EAST 272.58 FEET; THENCE SOUTH 07°23' 51" EAST 240.83 FEET; THENCE SOUTH 12°47'04" WEST 354.43 FEET; THENCE SOUTH 44°22'38" EAST 298.19 FEET; THENCE SOUTH 30°44'42" EAST 113.08 FEET; THENCE SOUTH 50°04'54" WEST 29.64 FEET; THENCE NORTH 89°31'46" WEST 83.70 FEET; THENCE NORTH 63°13'45" WEST 50.33 FEET; THENCE SOUTH 76°44'02" WEST 256.34 FEET; THENCE SOUTH 30°47'24" WEST 138.73 FEET; THENCE SOUTH 80°00'59" WEST 150.69 FEET; THENCE NORTH 62°16'04" WEST 32.93 FEET; THENCE SOUTH 77°03'02" WEST 93.38 FEET; THENCE SOUTH 03°30'50" WEST 26.90 FEET; THENCE SOUTH 67°12'50" WEST 152.86 FEET; THENCE NORTH 73°57'28" WEST 39.89 FEET; THENCE SOUTH 71°38'31" WEST 120.06 FEET; THENCE SOUTH 52°09'39" WEST 157.62 FEET; THENCE SOUTH 21°24'35" WEST 183.91 FEET; THENCE SOUTH 56°49'41" WEST 214.38 FEET; THENCE SOUTH 10°36'04" WEST 91.39 FEET; THENCE SOUTH 46°16'39" WEST 441.01 FEET; THENCE SOUTH 24°49'14" WEST 172.62 FEET; THENCE SOUTH 55°22'33" WEST 83.26 FEET TO THE BEGINNING OF A NON-TANGENT 6905.31- FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY A RADIAL TO WHICH BEARS SOUTH 58°00'33" WEST; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 2°18'59", AN ARC DISTANCE OF 279.17 FEET; THENCE NON-TANGENT TO SAID CURVE NORTH 00°32'23" EAST 1868.48 FEET; THENCE SOUTH 67°44'36" EAST 128.37 FEET; THENCE NORTH 88°25'06" EAST 226.92 FEET; THENCE NORTH 40°14'57" EAST 189.21 FEET; THENCE SOUTH 65°08'20" EAST 68.00 FEET; THENCE SOUTH 47°15'08" EAST 161.42 FEET; THENCE NORTH 76°10'09" EAST 85.12 FEET; THENCE NORTH 40°30'34" EAST 106.15 FEET; THENCE NORTH 09°29'49" EAST 73.14 FEET; THENCE NORTH 12°24'13" WEST 186.14 FEET; THENCE NORTH 04°47'42" WEST 263.74 FEET; THENCE NORTH 89°13'54" EAST 65.25 FEET; THENCE NORTH 29°32'27" EAST 134.15 FEET; THENCE NORTH 05°51'00" WEST 58.90 FEET; THENCE NORTH 60°23'54" WEST 133.56 FEET; THENCE NORTH 36°23'57" EAST 359.83 FEET; THENCE NORTH 50°20'38" EAST 145.52 FEET; THENCE NORTH 36°36'04" EAST 165.74 FEET; THENCE NORTH 20°48'37" EAST 138.41 FEET; THENCE NORTH 05°17'57" WEST 164.64 FEET; THENCE NORTH 05°15'20" EAST 160.56 FEET; THENCE NORTH 29°50'51" EAST 104.11 FEET; THENCE NORTH 69°15'40" EAST 184.61 FEET; THENCE SOUTH 78°04'26" EAST 113.82 FEET; THENCE SOUTH 43°31'02" EAST 66.47 FEET; THENCE SOUTH 84°21'31" EAST 90.83 FEET; THENCE NORTH 70°59'01" EAST 95.57 FEET; THENCE NORTH 22°48'59" EAST 99.54 FEET; THENCE NORTH 01°48'56" WEST 117.24 FEET; THENCE NORTH 16°38'51" WEST 343.89 FEET; THENCE NORTH 02°38'02" EAST 160.48 FEET TO THE TRUE POINT OF BEGINNING. AREA = 115.79 ACRES APRIL 18, 2002 EXHIBIT W J.N.: 971057 PAGE 2 OF 11 PARCEL 'B' BEGINNING AT THE MOST EASTERLY NORTHEAST CORNER OF SAID PARCEL 3; THENCE NORTH 89°18'53" WEST, ALONG THE NORTHERLY LINE OF SAID PARCEL 3, 2180.00 FEET; THENCE LEAVING SAID NORTHERLY LINE NORTH 89°34'35" WEST 445.18 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 27°14'08" EAST, 60.09 FEET; THENCE SOUTH 56°24'22" EAST 83.91 FEET; THENCE SOUTH 16°13'59" EAST 69.70 FEET; THENCE SOUTH 38°07'28" WEST 147.32 FEET; THENCE SOUTH 01°53'05" EAST 135.60 FEET; THENCE SOUTH 14°35'00" WEST 175.78 FEET; THENCE SOUTH 46°27'07" WEST 79.09 FEET; THENCE SOUTH 00°01'03" WEST 165.03 FEET; THENCE SOUTH 30°42'21" EAST 228.86 FEET; THENCE SOUTH 64°43'57" EAST 198.83 FEET; THENCE NORTH 74°51'28" EAST 63.11 FEET; THENCE NORTH 23°31'48" EAST 244.44 FEET; THENCE NORTH 64°25'27" EAST 121.32 FEET; THENCE SOUTH 56°25'03" EAST 38.17 FEET; THENCE NORTH 86°04'30" EAST 216.75 FEET; THENCE NORTH 29°40'00" EAST 114.43 FEET; THENCE NORTH 55°13'58" EAST 75.51 FEET; THENCE NORTH 34°18'43" EAST 194.55 FEET; THENCE SOUTH 44°01'53" EAST 76.39 FEET; THENCE SOUTH 08°23'43" WEST 87.86 FEET; THENCE SOUTH 87°38'09" WEST 91.50 FEET; THENCE SOUTH 46°12'31" WEST 136.10 FEET; THENCE SOUTH 06°27'30" EAST 40.64 FEET; THENCE SOUTH 39°42'26" WEST 60.00 FEET; THENCE SOUTH 28°05'37" WEST 106.50 FEET; THENCE NORTH 59°47'14" WEST 60.82 FEET; THENCE SOUTH 70°05'41" WEST 95,11 FEET; THENCE SOUTH 23°01'35" WEST 71.39 FEET; THENCE SOUTH 42°56'18" WEST 128.66 FEET; THENCE SOUTH 10°45'54" WEST 163.60 FEET; THENCE SOUTH 34°52'35" EAST 186.21 FEET; THENCE SOUTH 77°59'23" WEST 148.80 FEET; THENCE NORTH 86°53'31" WEST 105.77 FEET; THENCE SOUTH 71°47'04" WEST 98.46 FEET; THENCE NORTH 38°29'04" WEST 130.62 FEET; THENCE NORTH 57°38'48" WEST 88.07 FEET; THENCE NORTH 07°43'39" WEST 75.70 FEET; THENCE NORTH 60°57'51" WEST 55.47 FEET; THENCE SOUTH 71°33'25" WEST 65.38 FEET; THENCE NORTH 60°50'03" WEST 117.88 FEET; THENCE NORTH 26°41'48" WEST 180.33 FEET; THENCE NORTH 09°37'26" WEST 161.16 FEET; THENCE NORTH 09°39'32" EAST 116.13 FEET; THENCE NORTH 03°24'04" WEST 233.53 FEET; THENCE NORTH 07°59'51" EAST 82.77 FEET; THENCE NORTH 16°14'23" EAST, 121.59 FEET; THENCE NORTH 28°35'49" EAST 117.28 FEET; THENCE NORTH 49°58'41" EAST 62.97 FEET; THENCE NORTH 38°27'10" EAST 195.63 FEET TO THE TRUE POINT OF BEGINNING. AREA = 11.98 ACRES PARCEL 'C' BEGINNING AT THE MOST EASTERLY NORTHEAST CORNER OF SAID PARCEL 3; THENCE SOUTH 00°40'31" WEST, ALONG THE EASTERLY LINE OF SAID PARCEL 3, 796.58 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG APRIL 18, 2002 EXHIBIT 'A' J.N.: 971057 PAGE 3 OF 11 SAID EASTERLY LINE SOUTH 00°40'31" WEST 168.49 FEET; THENCE CONTINUING ALONG SAID EASTERLY LINE SOUTH 00°42' 03" WEST 1197.24 FEET; THENCE LEAVING SAID EASTERLY LINE NORTH 35°49'08" WEST 82.80 FEET; THENCE NORTH 88°13'54" WEST 158.74 FEET; THENCE NORTH 36°34'37" WEST 58.94 FEET; THENCE NORTH 79°54'26" WEST 195.94 FEET; THENCE SOUTH 89°05'22" WEST 132.00 FEET; THENCE SOUTH 72°22'23" WEST 87.70 FEET; THENCE NORTH 65°10'29" WEST 83.03 FEET; THENCE NORTH 37°05'28" EAST 144.60 FEET; THENCE NORTH 18°51'33" WEST 124.20 FEET; THENCE NORTH 32°08'14" WEST 124.93 FEET; THENCE NORTH 77°28'43" WEST 113.39 FEET; THENCE NORTH 39°29'02" WEST 76.75 FEET; THENCE SOUTH 84°01'29" WEST 81.40 FEET; THENCE SOUTH 21°42'51" WEST 67.59 FEET; THENCE SOUTH 36°48'04" WEST 105.76 FEET; THENCE SOUTH 81°20'03" WEST 72.49 FEET; THENCE SOUTH 06°13'57" WEST 76.79 FEET; THENCE SOUTH 36°31'23" EAST 142.02 FEET; THENCE SOUTH 30°20'05" WEST 14.44 FEET; THENCE NORTH 87°46'42" WEST 169.50 FEET; THENCE SOUTH 59°27'17" WEST 35.83 FEET; THENCE SOUTH 89°22'18" WEST 145.81 FEET; THENCE NORTH 63°18'08" WEST 58.52 FEET; THENCE SOUTH 83°33'32" WEST 85.82 FEET; THENCE SOUTH 49°49'04" WEST 113.37 FEET; THENCE NORTH 88°34'37" WEST 184.62 FEET; THENCE NORTH 74°19'26" WEST 36.23 FEET; THENCE NORTH 50°19'22" WEST 182.07 FEET; THENCE NORTH 38°07'46" EAST 26.96 FEET; THENCE NORTH 51°51'47" WEST 233.37 FEET; THENCE NORTH 39°27'27" WEST 93.50 FEET; THENCE NORTH 17°39'48" EAST 19.93 FEET; THENCE NORTH 76°09'45" EAST 719.41 FEET; THENCE NORTH 67°35'17" EAST 560.68 FEET; THENCE NORTH 66°20'43" EAST 1121.08 FEET TO THE TRUE POINT OF BEGINNING. AREA = 33.25 ACRES PARCEL 'D' BEGINNING AT THE SOUTHEASTERLY CORNER OF PARCEL W OF PARCEL MAP NO. 13427, SAID POINT LYING ON THE NORTHERLY RIGHT-OF-WAY OF ALGA ROAD; THENCE NORTHERLY ALONG THE EASTERLY LINE OF SAID PARCEL 'A' NORTH 02°23'44" WEST 4.28 FEET; THENCE NORTH 03°23'30" WEST 112.77 FEET; THENCE NORTH 12°54'59" EAST 200.00 FEET; THENCE NORTH 11°23'47" EAST 1087.49 FEET TO THE TRUE POINT OF BEGINNING, THE BEGINNING OF A TANGENT 433-FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE CONTINUING ALONG THE EASTERLY LINE OF SAID PARCEL AA', NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 18°50'28", AN ARC DISTANCE OF 142.39 FEET; THENCE TANGENT TO SAID CURVE NORTH 30°14'15" EAST 286.65 FEET TO THE BEGINNING OF A TANGENT 767-FOOT RADIUS CURVE, CONCAVE WESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 46°53'48" AN ARC DISTANCE OF 627.79 FEET; THENCE TANGENT TO SAID CURVE NORTH 16°39'33" WEST 492.40 FEET TO THE BEGINNING OF A TANGENT 1433-FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE APRIL 18, 2002 EXHIBIT W J.N.: 971057 PAGE 4 OF 11 NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 28°20'35" AN ARC DISTANCE OF 708.88 FEET; THENCE TANGENT TO SAID CURVE NORTH 11°41'02" EAST 230.97 FEET TO THE BEGINNING OF A TANGENT 433-FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 26°40'17", AN ARC DISTANCE OF 201.56 FEET; THENCE TANGENT TO SAID CURVE NORTH 38°21'19" EAST 179.90 FEET; THENCE LEAVING SAID EASTERLY LINE SOUTH 46°08'58" EAST 208.42 FEET; THENCE SOUTH 79°24'13" WEST 34.62 FEET; THENCE NORTH 83°55'19" WEST 149.66 FEET; THENCE SOUTH 67°58'52" WEST 58.43 FEET; THENCE SOUTH 21°11'49" WEST 93.91 FEET TO THE BEGINNING OF A TANGENT 103-FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 56°24'13", AN ARC DISTANCE OF 101.40 FEET TO THE BEGINNING OF A REVERSE 110-FOOT RADIUS CURVE, CONCAVE WESTERLY, A RADIAL TO WHICH BEARS NORTH 54°47'36" EAST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 29°20'40", AN ARC DISTANCE OF 56.34; THENCE TANGENT TO SAID CURVE SOUTH 05°51'44" EAST 110.53 FEET; THENCE SOUTH 14°00'14" EAST 64.16 FEET; THENCE SOUTH 22°36'40" EAST 168.86 FEET; THENCE SOUTH 02°27'49" EAST 190.77 FEET; THENCE SOUTH 22°14'36" EAST 151.66 FEET; THENCE SOUTH 47°37'03" EAST 75.43 FEET; THENCE SOUTH 84°51'27" EAST 65.31 FEET; THENCE NORTH 77°41'40" EAST 116.59 FEET; THENCE SOUTH 68°44'36" EAST 105.98 FEET; THENCE SOUTH 05°13'15" EAST 97.02 FEET; THENCE SOUTH 05°13'15" EAST 50.27 FEET; THENCE SOUTH 35°43'38" WEST 260.57 FEET; THENCE SOUTH 86°31'24" WEST 72.55 FEET; THENCE SOUTH 35°15'46" WEST 188.61 FEET; THENCE SOUTH 18°53'28" WEST 176.51 FEET; THENCE SOUTH 00°24'34" EAST 155.73 FEET; THENCE SOUTH 12°28'14" EAST 153.29 FEET; THENCE SOUTH 16°10'41" WEST 170.50 FEET; THENCE SOUTH 36°27'37" WEST 118.02 FEET; THENCE SOUTH 18°45'25" WEST 154.09 FEET; THENCE SOUTH 39°22'32" WEST 161.67 FEET; THENCE SOUTH 18°12'53" WEST 87.92; THENCE NORTH 80°07'56" WEST 100.97 FEET TO THE TRUE POINT OF BEGINNING. AREA = 13.40 ACRES PARCEL BEGINNING AT THE SOUTHEASTERLY CORNER OF PARCEL 'A' OF PARCEL MAP NO. 13427, SAID POINT LYING ON THE NORTHERLY RIGHT-OF-WAY OF ALGA ROAD, SAID POINT BEING ALSO THE TRUE POINT OF BEGINNING; THENCE NORTHERLY ALONG THE EASTERLY LINE OF SAID PARCEL W NORTH 02°23'45" WEST 4.28 FEET; THENCE NORTH 03°23'29" WEST 62.91 FEET; THENCE LEAVING SAID EASTERLY LINE NORTH 12°54'59" EAST 248.06 FEET; THENCE NORTH 11°23'47" EAST 577.31 FEET; THENCE NORTH 16°27'42" EAST 88.63 FEET; THENCE NORTH 12°28'06" EAST 391.16 FEET; THENCE NORTH 83°02'10" EAST 84.55 FEET; THENCE SOUTH 38°52'29" EAST 82.82 FEET; THENCE NORTH 80°57'15" EAST APRIL 18, 2002 EXHIBIT 'A' J.N.: 971057 PAGE 5 OF 11 120.99 FEET; THENCE SOUTH 03°06'14" WEST 164.63 FEET; THENCE SOUTH 66°13'02" EAST 123.71 FEET; THENCE NORTH 72°34'18" EAST 152.76 FEET; THENCE SOUTH 78°44'04" EAST 94.17 FEET; THENCE NORTH 62°01'42" EAST 39.47 FEET; THENCE SOUTH 71°18'33" EAST 192.17 FEET; THENCE SOUTH 81°28'33" WEST 86.23 FEET; THENCE SOUTH 65°49'19" WEST 82.62 FEET; THENCE SOUTH 54°03' 29" WEST 83.74 FEET; THENCE SOUTH 35°17'03" WEST 84.43 FEET; THENCE SOUTH 17°30'12" WEST 269.12 FEET; THENCE NORTH 82°23'02" WEST 225.30 FEET; THENCE SOUTH 24°39'28" WEST 189.94 FEET; THENCE SOUTH 07°07'27" WEST 212.44 FEET; THENCE SOUTH 16°38'56" EAST 227.23 FEET; THENCE SOUTH 42°48'02" EAST 94.87 FEET; THENCE NORTH 78°04'54" EAST 100.25 FEET; THENCE SOUTH 45°56'11" EAST 32.27 FEET; THENCE SOUTH 10°09'51" EAST 323.09 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF ALGA ROAD; THENCE WESTERLY ALONG SAID RIGHT-OF-WAY NORTH 50°45'54" WEST 109.47 FEET TO THE BEGINNING OF A TANGENT 1051- FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE WESTERLY ALONG SAID RIGHT-OF-WAY, ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 37°06'52", AN ARC DISTANCE OF 680.81 FEET TO THE TRUE POINT OF BEGINNING. AREA = 15.72 ACRES PARCEL BEGINNING AT THE SOUTHWEST CORNER OF PARCEL 'A' OF SAID PARCEL MAP NO. 13427, SAID POINT LYING ON THE NORTHERLY RIGHT-OF-WAY OF ALGA ROAD; THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID PARCEL 'A' NORTH 05°10'15" EAST 408.81 FEET TO THE BEGINNING OF A TANGENT 1000-FOOT RADIUS CURVE, CONCAVE WESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 10°20'21", AN ARC DISTANCE OF 180.45 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 84°49'54" WEST 61.53 FEET; THENCE NORTH 24°36'57" WEST 90.00 FEET; THENCE NORTH 35°49'44" EAST 116.54 FEET TO POINT W , THE BEGINNING OF A NON-TANGENT 1000- FOOT RADIUS CURVE, CONCAVE WESTERLY, A RADIAL LINE TO WHICH BEARS NORTH 74°52'47" EAST, SAID POINT LYING ON THE WESTERLY LINE OF SAID PARCEL 'A' ; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 09°57'07", AN ARC DISTANCE OF 173.69 FEET TO THE TRUE POINT OF BEGINNING. AREA = 0.24 ACRES PARCEL BEGINNING AT POINT W IN PARCEL *F' ABOVE, A POINT ON A 1000-FOOT RADIUS CURVE, CONCAVE WESTERLY, A RADIAL TO WHICH BEARS NORTH 74°52'47" APRIL 18, 2002 EXHIBIT AA' J.N.: 971057 PAGE 6 OF 11 EAST; THENCE NORTHERLY ALONG THE WESTERLY LINE OF PARCEL 'A' OF PARCEL MAP NO. 13427, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 00°58'32", AN ARC DISTANCE OF 17.03 FEET; THENCE NORTH 16°05'45" WEST 72.57 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID WESTERLY LINE NORTH 29°19'56" WEST 144.76 FEET; THENCE NORTH 04°56'42" WEST 346.96 FEET; THENCE NORTH 04°56'42" WEST 38.10 FEET; THENCE NORTH 59°54'03" WEST 125.49 FEET; THENCE NORTH 39°31'16" EAST 96.40 FEET; THENCE SOUTH 63°31'01" EAST 50.28 FEET; THENCE SOUTH 21°08'29" EAST 172.15 FEET; THENCE SOUTH 62°02'04" EAST 54.55 FEET TO POINT 'B', A POINT ON THE WESTERLY LINE OF SAID PARCEL AA' OF SAID PARCEL MAP NO. 13427; THENCE SOUTHERLY ALONG SAID WESTERLY LINE SOUTH 29°13'47" WEST 51.05 FEET TO THE BEGINNING OF A TANGENT 300-FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 45°19'32", AN ARC DISTANCE OF 237.32 FEET; THENCE TANGENT TO SAID CURVE SOUTH 16°05'45" EAST 171.05 FEET TO THE TRUE POINT OF BEGINNING. AREA = 0.70 ACRES PARCEL 'H' BEGINNING AT POINT 'B' IN PARCEL XG' ABOVE; THENCE NORTHERLY ALONG THE WESTERLY LINE OF PARCEL W OF PARCEL MAP NO. 13427 NORTH 29°13'47" EAST 9.61 FEET TO THE BEGINNING OF A TANGENT 800-FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 26°35'10" , AN ARC DISTANCE OF 371.21 FEET; THENCE TANGENT TO SAID CURVE NORTH 02°38'37" EAST 131.14 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID WESTERLY LINE NORTH 87°21'14" WEST 24.09 FEET; THENCE NORTH 25°50'22" WEST 301.57 FEET; THENCE NORTH 09°01'57" WEST 149.59 FEET; THENCE NORTH 27°28'54" WEST 95.90 FEET; THENCE NORTH 05°13'29" WEST 230.01 FEET; THENCE NORTH 12°06'56" EAST 46.72 FEET; THENCE NORTH 75°13'03" EAST 180.43 FEET TO POINT 'C', A POINT ON A 450-FOOT RADIUS CURVE, CONCAVE WESTERLY, A RADIAL TO WHICH BEARS NORTH 67°55'08" EAST, SAID POINT LYING ON THE WESTERLY LINE OF SAID PARCEL 'A' OF SAID PARCEL MAP NO. 13427; THENCE SOUTHERLY ALONG SAID WESTERLY LINE, ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 28°55'11", AN ARC DISTANCE OF 227.13 FEET TO THE BEGINNING OF A REVERSE 600-FOOT RADIUS CURVE, CONCAVE EASTERLY, A RADIAL TO WHICH BEARS NORTH 83°09'41" WEST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 19°54'19", AN ARC DISTANCE OF 208.45 FEET; THENCE TANGENT TO SAID CURVE SOUTH 13°04'00" EAST 54.28 FEET TO THE BEGINNING OF A TANGENT 600-FOOT RADIUS CURVE, CONCAVE WESTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 15°42'37", AN APRIL 18, 2002 EXHIBIT XA' J.N.: 971057 PAGE 7 OF 11 ARC DISTANCE OF 164.52 FEET; THENCE TANGENT TO SAID CURVE SOUTH 02°38'37" WEST 180.27 FEET TO THE TRUE POINT OF BEGINNING. AREA = 2.85 ACRES PARCEL BEGINNING AT POINT XC' IN PARCEL XH' ABOVE, A POINT ON A 450-FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, A RADIAL TO WHICH BEARS NORTH 67°55'08" EAST, SAID POINT LYING ON THE WESTERLY LINE OF PARCEL 'A' OF PARCEL MAP NO. 13427; THENCE NORTHWESTERLY ALONG SAID WESTERLY LINE, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 15°48'05", AN ARC DISTANCE OF 124.10 FEET; THENCE NORTH 37°52'57" WEST 221.05 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID WESTERLY LINE SOUTH 52°07'03" WEST 76.16 FEET; THENCE NORTH 39°05'42" WEST 153.71 FEET; THENCE NORTH 47°06'22" WEST 166.21 FEET TO A POINT OF THE WESTERLY LINE OF SAID PARCEL 'A' OF SAID PARCEL MAP NO. 13427; THENCE SOUTHERLY ALONG SAID WESTERLY LINE SOUTH 74°16'51" EAST 47.21 FEET TO THE BEGINNING OF A TANGENT 400-FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 36°23'54", AN ARC DISTANCE OF '254.11 FEET; THENCE TANGENT TO SAID CURVE SOUTH 37°52'57" EAST 42.38 FEET TO THE TRUE POINT OF BEGINNING. AREA =0.41 ACRES PARCEL BEGINNING AT THE SOUTHEAST CORNER OF SAID PARCEL 3; THENCE NORTH 89°13'50" WEST, ALONG THE SOUTHERLY LINE OF SAID PARCEL 3, 305.45 FEET; THENCE SOUTH 60°39'42" EAST, ALONG THE NORTHERLY LINE OF SAID 200-FOOT SDG&E EASEMENT 48.61 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTHERLY LINE SOUTH 60°39'42" EAST 501.18 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF ALGA ROAD, SAID POINT LYING ON A NON-TANGENT 949-FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, A RADIAL TO WHICH BEARS SOUTH 42°44'41" EAST; THENCE SOUTHWESTERLY ALONG SAID NORTHERLY RIGHT-OF-WAY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE . OF 20°03'17", AN ARC DISTANCE OF 332.17 FEET; THENCE LEAVING SAID RIGHT-OF-WAY LINE NORTH 05°04'14" WEST 111.44 FEET; THENCE NORTH 46°04'17" WEST 118.42 FEET; THENCE NORTH 60°42'13" WEST 276.22 FEET; THENCE NORTH 36°22'02" EAST 141.19 FEET; THENCE SOUTH 79°11'50" EAST 95.14 FEET TO THE TRUE POINT OF BEGINNING. AREA =2.44 ACRES APRIL 18, 2002 EXHIBIT AA' J.N.: 971057 PAGE 8 OF 11 PARCEL 'K' BEGINNING AT THE SOUTHEAST CORNER OF SAID PARCEL 3; THENCE NORTH 89°13'50" WEST, ALONG THE SOUTHERLY LINE OF PARCEL 3, 305.45 FEET; THENCE CONTINUING NORTH 89°13'50" WEST 107.70 FEET; THENCE NORTH 36°22'02" EAST 3.67 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 36°22'02" WEST 123.47 FEET; THENCE NORTH 60°42'13" WEST 171.27 FEET; THENCE NORTH 78°19'27" WEST 21.66 FEET; THENCE NORTH 63°36'06" WEST 237.98 FEET; THENCE NORTH 58°18'58" EAST 82.61 FEET; THENCE NORTH 49°19'22" EAST 29.52 FEET; THENCE NORTH 32°55'40" EAST 124.69 FEET; THENCE NORTH 35°19'55" EAST 81.66 FEET; THENCE NORTH 18°17'15" EAST 179.69 FEET; THENCE NORTH 03°28'13" EAST 97.49 FEET; THENCE NORTH 12°06'37" WEST 100.44 FEET TO THE BEGINNING OF A TANGENT 285-FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 26°09'12", AN ARC DISTANCE OF 130.09 FEET TO POINT 'D' ; THENCE NON-TANGENT TO SAID CURVE NORTH 54°15'07" EAST 100.82 FEET; THENCE SOUTH 06°23'13" EAST 26.53 FEET; THENCE SOUTH 12°57'45" EAST 70.93 FEET; THENCE SOUTH 38°00'41" EAST 158.78 FEET; THENCE SOUTH 43°43'33" EAST 145.78 FEET; THENCE SOUTH 01°57'47" WEST 81.54 FEET; THENCE SOUTH 24°25'14" WEST 229.94 FEET; THENCE SOUTH 49°57'19" WEST 152.67 FEET; THENCE SOUTH 03°25'18" EAST 86.62 FEET; THENCE SOUTH 39°02'59" EAST 54.34 FEET; THENCE SOUTH 79°11'50" EAST 141.54 FEET TO THE TRUE POINT OF BEGINNING. AREA =3.97 ACRES PARCEL XL' BEGINNING AT POINT 'D' IN PARCEL XK' ABOVE; SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE NORTH 38°15'49" WEST 116.73 FEET TO THE BEGINNING OF A TANGENT 550-FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 39°17'28" AN ARC DISTANCE OF 377.17 FEET; THENCE NON-TANGENT TO SAID CURVE NORTH 07°34'59" EAST 20.00 FEET; THENCE NORTH 25°15'42" EAST 110.81 FEET TO THE BEGINNING OF A TANGENT 440-FOOT RADIUS CURVE, CONCAVE WESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 29°01'48", AN ARC DISTANCE OF 222.93 FEET; THENCE TANGENT TO SAID CURVE NORTH 03°46'06" WEST 59.15 FEET; THENCE NORTH 13°20'13" EAST 20.00 FEET; THENCE NORTH 32°02'43" EAST 33.43 FEET TO THE BEGINNING OF A TANGENT 260-FOOT RADIUS CURVE, CONCAVE WESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 68°12'12", AN ARC DISTANCE OF 309.50 FEET; THENCE TANGENT TO SAID CURVE NORTH 36°09'29" WEST 118.67 FEET; THENCE NORTH 03°41'44" EAST 16.95 FEET; THENCE NORTH 70°49'45" EAST 198.64 FEET; THENCE NORTH APRIL 18, 2002 EXHIBIT 'A' J.N.: 971057 PAGE 9 OF 11 13°12'20" EAST 126.66 FEET; THENCE NORTH 59°12'11" EAST 85.31 FEET; THENCE SOUTH 33°17'12" WEST 63.78 FEET; THENCE SOUTH 14°21'05" EAST 85.60 FEET; THENCE SOUTH 69°33'47" EAST 95.52 FEET; THENCE SOUTH 20°18'29" EAST 62.46 FEET; THENCE SOUTH 62°46'29" EAST 84.76 FEET; THENCE NORTH 83°17'01" EAST 75.45 FEET; THENCE SOUTH 72°59'53" EAST 148.97 FEET; THENCE SOUTH 87°49'18" EAST 58.87 FEET; THENCE SOUTH 19°21'29" WEST 64.50 FEET; THENCE SOUTH 44°27'55" WEST 99.20 FEET; THENCE NORTH 82°02'28" WEST 183.13 FEET; THENCE NORTH 41°01'13" WEST 52.13 FEET; THENCE NORTH 80°33'17" WEST 45.42 FEET; THENCE SOUTH 63°00'56" WEST 43.31 FEET TO THE BEGINNING OF A TANGENT 125-FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 123°30'33", AN ARC DISTANCE OF 269.46 FEET; THENCE NON-TANGENT TO SAID CURVE SOUTH 32°58'35" WEST 43.77 FEET; TO THE BEGINNING OF A TANGENT 195-FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 52°18'44", AN ARC DISTANCE OF 178.04 FEET; THENCE NON-TANGENT TO SAID CURVE SOUTH 02°41'12" WEST 198.80 FEET; THENCE SOUTH 23°06'50" WEST 132.32 FEET TO THE BEGINNING OF A TANGENT 234-FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 37°19'50", AN ARC DISTANCE OF 152.46 FEET; THENCE TANGENT TO SAID CURVE SOUTH 14°13'00" EAST 118.04 FEET; THENCE SOUTH 11°32'12" WEST 69.76 FEET; THENCE SOUTH 54°15'07" WEST 100.82 FEET TO THE TRUE POINT OF BEGINNING. AREA =8.68 ACRES PARCEL 'M' BEGINNING AT THE SOUTHEAST CORNER OF SAID PARCEL 3; THENCE NORTH 00°42'52 EAST, ALONG THE EASTERLY LINE OF SAID PARCEL 3, 1328.80 FEET; THENCE CONTINUING ALONG SAID EASTERLY LINE NORTH 00°39'40" EAST 904.74 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID EASTERLY LINE NORTH 58°01'18" WEST 88.18 FEET; THENCE NORTH 74°29'33" WEST 124.07 FEET; THENCE NORTH 64°04'06" WEST 84.76 FEET; THENCE NORTH 34°48'28" EAST 48.03 FEET TO THE BEGINNING OF A TANGENT 58-FOOT RADIUS CURVE, CONCAVE WESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 91°22'58" AN ARC DISTANCE OF 92.51 FEET; THENCE NORTH 56°34'30" WEST 81.40 FEET; THENCE NORTH 76°18'42" WEST 60.43 FEET; THENCE NORTH 03°03'19" EAST 13.11 FEET TO THE BEGINNING OF A NON- TANGENT 70-FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, A RADIAL TO WHICH BEARS NORTH 67°31'04" EAST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 78°34'45" AN ARC DISTANCE OF 96.00 FEET; THENCE NON-TANGENT TO SAID CURVE NORTH 61°22f40" WEST 12.75 FEET; THENCE NORTH 49°53'57" EAST 84.32 FEET; THENCE NORTH 68°58'06" EAST APRIL 18, 2002 EXHIBIT W J.N.: 971057 PAGE 10 OF 11 227.42 FEET; THENCE NORTH 39°22'04" EAST 64.31 FEET; THENCE SOUTH 74°04'42" EAST 37.13 FEET; THENCE NORTH 77°21'54" EAST 130.56 FEET TO A POINT ON THE EASTERLY LINE OF SAID PARCEL 3; THENCE SOUTHERLY ALONG SAID EASTERLY LINE, SOUTH 00°42'03" WEST 138.19 FEET; THENCE SOUTH 00°39'40" WEST 424.03 FEET TO THE TRUE POINT OF BEGINNING. AREA = 3.37 ACRES W:\MSOFFICE\WINWORD\971057\Parcels A-M.lgl.doc APRIL 18, 2002 EXHIBIT 'A' J.N.: 971057 PAGE 11 OF 11 n c a N s u i r T s 5900 Pasteur Court Suite 100 Carlsbad, California 92008 760-9.31-7700 Fax: 760-931-8680www.odayconsuitan ls.com Civil Engineering Planning Processing Surveying EXHIBIT 'B! EASEMENT DEDICATION A.P.N. 213-030-11 A.P.N. 215-021-07 A.P.N. 215-030-06 A.P.N. 215-030-14 A.P.N. 215-031-08 \,P.N. 215-031-13 A.PM 215-052-15 A.P.N. 215-061-01 A.P.N. 215-061-09 A.P.N. 215-480-02 ARM 215-480-03 SHT. 1 OF 18 SHTS REQUESTED BY: MORROW DEVELOPMENT P.O. BOX 9000-685 CARLSBAD, CA 92008-9000 PREPARED BY: TIMOTHY Q. CARROLL. JR. LS. 7700 EXP. 12/31/04 APM SEE ABOVE* DATE 10-16-00 ©2002 Ottay Consultants, Inc.G'\jnBS\97105709\9602P01.DWG 4-19-2002 Ii44i38 pn EST S8917'46"E 574.65' CITY OF ENCINITAS VICINITY MAP DETAIL A NO SCALE SHEET No. 18 EASEMENT TABLE EXHIBIT 'B ©2002 tfDay Cona^tants. he..EASEMENT DEDICATION A.P.N. 213-030-11 A.P.N. 215-021-07 A.P.N. 215-030-06 A.P.N. 215-030-14 A.P.N. 215-031-08 A.P.N, 215-031-13 A.P.N. 215-052-15 A.P.N. 215-061-01 A.P.N. 215-061-09 A.P.N. 215-480-02 A.P.N. 215-480-03 SHT. 2 OF 18 SHTS REQUESTED BY: MORROW DEVELOPMENT P.O. BOX 9000-685 CARLSBAD, CA 92008-9000 PREPARED BY: TIMOTHY 0. CARROLL. JR. LS. 7700 EXP. 12/31/04 A.P.NI SEE ABOVE* DATE 10-16-00 Gi\JDBS\97105709\9602POa.DWG 4-19-02 1&47-.57 pn EST A PARCEL 9A' DATA ©; 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 7/1 DELTA/BEARING S 8917'46" E S 02"29'56" W A Ift'^ftl?"£} IO OU 14, S 15'51'20" E S 08'39'57" W S 16'36'14" E S 26V7'52" E S 0413'44" W S 11V1'07" W S 01'52'28" E S 45'57'35" W S 30'38'55" W N 62'42'04" W S 29'50'W W &=148'41-28" N OT28'22" W A=64'42'47" N 6611'09" W S 52'39'05" W N 8618'38" W N 44"52'39" W S 48-33'50" W S 19"02'15" E S 26'44'51" W N 76W08" W S 0510'50" E S 4412'41" W S 07"2Q'18" E S 64'49'37" E c nroi'zi" r RADIUS 856.88' 53.00' 38.00' LENGTH 740.84' 11.77' 281.71' 238.57' 112.67' 136.62' 111.21' 193.26' 149.37' 104.79' 246.23' 87.41' 52.34' 81.87' 137.54' 64.65' 42.92' 62.29' 94.72' 213.50' 121.00' 128.00' 268.83' 107.85' 115.16' 403.60' 117.45' 82.10' 272.58' OAnai' £ PARCEL WA' DATA ® 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 an DELTA/BEARING S 12'4T04a W S 44'22'38" E S 30'44'42" E S 50V4'54" W N 89'31'46'' W N 6313'45" W S 76m44'02" W S 30'47'24" W S 80W59" W N 6216'04" W S 77W02" W S 03'30'50" W S 6712'50" W N 73'57'28" W S 7r38'31" W S 52W39" W S 21-24'35" W S 56'49'41" W S W'36'04" W S 4616'39" W S 24'49'14" W S 55'22'33" W &=0218'59a N OQ-32'23" E S 67'44'36" E N sszs'oe* E N 4014'57" E S 65W20* E S 4715'08" E HI JKin'no" f RADIUS 6905.31' LENGTH 354.43' 298.19' 113.08' 29.64' 83.70' 50.33' 256.34' 138.73' 150.69' 32.93' 93.38' 26.90' 152.86' 39.89' 120.06' 157.62' 183.91' 214.38' 91.39' 441.01' 172.62' 83.26' 279.17' 1868.48' 128.37' 226.92' 189.21' 68.00' 161.42' Carlsbad, California 92008760-931-7700 Fox; 760-931-8680 www.odaycon3ultants.com ''EXHIBIT 'B EASEMENT DEDICATION QF REQUESTED BY: MORROW DEVELOPMENT P.O. BOX 9000-685 CARLSBAD, CA 92008-9000 PREPARED BY: TIMOTHY 0. CARROLL, JR. L.S. 7700 EXP. 12/31/04 A.P.N. HATF 10-16-00 G'\JOBS\97105709\9602P03.DWG 4-19-2002 12'53i58 pn PST vorcc- oRnoo. DI AT_HATA A PARCEL *AW DATA ® 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 DELTA/BEARING N 40'30'34K E N 09W49" E N 12'24'13" W N 04'47'42" W N 8913'54" E N 29'32'27" E N 05'51'00" W N 60"23'54" W N 36"23'57" E N 50"20'38" E N 36'36'04" E N 20'48'37" E N 0517'57" W N 0515'20" E N 29W51" E N 6915'40" E S 78V4'26" E S43'31'02"E S 84"2J '31" E N 70W01" E N 22'48'59" E N 01'48'56" W N 16'38'51" W N 02'38'02" E O*&&7 CONSULT A>N T S 5900 Posleur Court Civil engineering Su te 100 Plonning Corlsbad, California 92008 Processing 760-931-7700 Surveying Fox: 760-931-8680 www.odoyconsuttanta.com REQUESTED BY: MORROW DEVELOPMENT P.O. BOX 9000-685 CARLSBAD, CA 92008-9000 RADIUS LENGTH 106.15' 73.14' 186.14' 263.74' 65.25' 134.15' 58.90' 133.56' 359.83' 145.52' 165.74' 138.41' 164.64' 160.56' 104.11' 184.61' 113.82' 66.47' 90.83' 95.57' 99.54' 117.24' 343.89' 160.48' • X^TANO^N./^^m /•w^ *?rt^ I I I NO. 7700 y I \-^f\ EXP. 12/31/04 J^j \^r^/EXHIBIT 'B' ^£™^ EASEMENT DEDICATION SHJ 4 QF 1g SHJS PREPARED BY: TIMOTHY 0. CARROLL, JR. A P M L.S. 7700 EXP. 12/31/04 DATE 10-lb-UU Gi\JDBS\97105709\960eP04.DWG 4-19-2002 W2i55 pn PST PARCEL 'A' SEE SHEET 2 ,T.P.O.B.. PARCEL 1 (7) | PM 1188 , „ S^. I N 89*18 53" W 2180.00'_^ T ^ 89'34'35" W III NOTE: SEE SHEET No. 18 FOR EASEMENT TABLE PACIFIC OCEAN CITY OF SAN MARCOS CITY OF ENCINITAS VICINITY MAP NO SCALE CONSULT T S 5900 Pasteur Court Suit* 100 Carlsbad, California 92008 760-931-7700 Fax: 760-931-8680 w ww .odoyconsulta nts.com Civil Engine* Processing Surveying EXHIBIT 'B' EASEMENT DEDICATION PARCEL 'C SEE SHEET 1PARCEL 3 [41 0' 500' SCALE: T = 500' *A.P.N. A.PM A.P.N. A.P.N. A.P.N. A.P.N. A.P.N. A.P.N. A.P.N. A.P.N. A.P.N. 213-030-11 215-021-07 215-030-06 215-030-14 215-031-08 215-031-13 215-052-15 215-061-01 215-061-09 215-480-02 215-480-03 SHT. 5 OF 18 SHTS REQUESTED BY: MORROW DEVELOPMENT P.O. BOX 9000-685 CARLSBAD, CA 92008-9000 PREPARED BY: TIMOTHY 0. CARROLL. JR. LS. 7700 EXP. 12/31/04 A.P.M. SEE ABOVE* DATE 10-16-00 &\JDBS\97105709\9602P05.DWG 4-19-02 I>07i03 pn EST XREFS: 9602P; 9602HCP5; 9602AMAP •PARCEL ©/ 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 'B' DA DELTA/BEARING S 2714'08" E S 56-24'22" E S 1613'59a E S 38W28"W s orsj'os* E S 14'35'00" S 46"27'07" S 00'01'03" S 30'42'21' W W W 'E S 64-43'57" E N 74'51'28" E N 23'31'48''E N 64'25'27" E S 5625'OJ° E N 86V4'30" E N 29'40'00" E N 5513'58"E N 3418'43" E S 44'01'53" E S OB-23'43"W S 87'38'09" W S 4612'31"W S 0627'JO" E S 39'42'26" S 28W37" O*&&? CONSUL' A^N T S 5900 Posteuf Court Civil Engineering Suite 100 Planning Carlsbad, California 92008 Processing760-931-7700 Surveying Fox: 760-931-8680 w w w.odayconsultan ta.com REQUEST MORROW D P.O. BOX 5 CARLSBAD, ED B EVELOFinnn tJUUU I Y: 'WENT $592008-9000 W W RADIUS TA LENGTH 60.09' 83.91' 69.70' 147.32' 135.60' 175.78' 79.09' 165.03' 228.86' 198.83' 63.11' 244.44' 121.32' 38.17' 216.75' 114.43' 75.51' 194.55' 76.39' 87.86' 91.50' 136.10' 40.64' 60.00' 106.50' •PARCEL *B* © 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 DELTA/BEARING N 59'47'14" W S 70'05'41a W S 23'01'35" W S 42'56'18" W S W'45'54" W S 34'52'35" E S 77'59'23" W N WSJ'Jf W S 7r47'04" W N 38"29'04" W N 57'38'48" W N 07'43'39" W N 60'57'51" W S 71'33'25" W N 60W03" W N 26'41'48" W N 09'37'26" W N 09'39'32° E N 03"24'04" W N 07'59'51" f N 1614'23" E N 28'35'49" E N 49'58'41" E N 38'27'W E DATA RADIUS /&<rfrtti?A/<$/f %\ /^R "* I I NO. 7700 Wf\ EXP. 12/31/04 EXHIBIT 'B' ^Sl^x EASEMENT DEDICATION PREPARED BY: TIMOTHY 0. CARROLL. JR. LS. 7700 EXP. 12/31/04 LENGTH 60.82' 95.11' 71.39' 128.66' 163.60' 186.21' 148.80' 105.77' 98.46' 130.62' 88.07' 75.70' 55.47' 65.38' 117.88' 180.33' 161.16' 116.13' 233.53' 82.77' 121.59' 117.28' 62.97' 195.63' '*y SHT. 6 OF 18 SHTS. A.P.N DATE 10-lfeOQ. Gi\JDBS\97105709\960aP06,DWG 4-19-2003 12i54i30 pn P.O.B. PAF1CSL 1 'M 1188 NOTE: if SEE SHEET No. 18 FOR'// EASEMENT TABLE PAF1&ZL 3 PM\\1188 PARCEL 'B SEE SHT. 5 PARCEL '€' 33.25 AC.\ MAP No, 10257 TARCEL A PM 13427 PARCEL 3 PM 1188 SCALE: 1" = 500' VICINITY MAP NO SCALE 5900 Pasteur Court Suite 100 Carlsbad. California 92008 760-931-7700 Fax: 760-931-8680 www.odoyconsultant3.com Civil Engineering Planning Processing Surveying EXHIBIT 'B' EASEMENT DEDICATION A.P.N. 213-030-11 A.P.N. 215-021-07 ARM 215-030-06 A.P.N. 215-030-14 A.P.N. 215-031-08 A.P.N, 215-031-13 A.P.N. 215-052-15 A.P.N. 215-061-01 A.P.N. 215-061-09 A.P.N. 215-480-02 A.P.N. 215-480-03 SHT. 7 OF 18 SHTS REQUESTED BY: BORROW DEVELOPMENT P.O. BOX 9000-685 CARLSBAD, CA 92008-9000 PREPARED BY: TIMOTHY 0. CARROLL. JR. LS. 7700 EXP. 12/31/04 A.P.N. SEE ABOVE* DATE 10-16-00 Gi\JDBS\97105709\960eP07.DWG 4-19-3002 M4.34 pn ESTQfifl?P' Qfin?HrP'v qfin?AMAP PARCEL W/ 2 J 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 • • 'C' DA DELTA/BEARING S OOWJJ" S QO'42'03" N 35W08" N 88-13'54" N 36'34'37" N 79"54'26" S 89W22" S 72-22'23° W W W W W W W W N 65W29" W N 37V5'28a N 18-51 '33" N 32W14" N 77-28'43" N 39<29'02a S 84W29" S 21'42'5}" S 36-48'04" S 81-20'03" S 0613'57" Cfo**7 CONSULT A/I T S 59(30 Pasteur Court Civil Engineering Suite 100 Planning Carlsbad. California 92008 Processing 760-931 -7700 Surveying Fox: 760-931-8680 www.oddyconauitants.com REQUESTED MORROW DEVEL P.O. BOX 9000 CARLSBAD, CA BY: OPMENT 685 92008-9000 E W W W W W W W W W RAD/US TA LENGTH 168.49' 1197.24' 82.80' 158.74' 58.94' 195.94' 132.00' 87.70' 83.03' 144.60' 124.20' 124.93' 113.39' 76.75' 81.40' 67.59' 105.76' 72.49' 76.79' PARCEL 'C' ® 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 DELTA/BEARING S 36'31'23" E S 30"20'05" W N 87'46'42" W S 59'27'17" W S 89-22'18" W N 6318'08" W S 83'33'32" W S 49'49'04" W N 88'34'37° W N 7419'26" W N 5019'22" W N 38V7'46"E N 51 -51 '47° W N 39'27'27" W N 17'39'48"E N 76W45" E N 67-35'l7" E N6670'4J"E DATA RADIUS LENGTH 142.02' 14.44' 169.50' 35.83' 145.81' 58.52' 85.82' 113.37' 184.62' 36.23' 182.07' 26.96' 233.37' 93.50' 19.93' 719.41' 560.68' 1121.08' X^AMT^yX \ \ NO. 7700 / I \*\ EXP- 12/31/04 /•£ /x%^/ EXHIBIT 'B' ^^^^ EASEMENT DEDICATION PREPARED BY: TIMOTHY 0. CARROLL, JR. LS. 7700 EXP. 12/31/04 SHT. 8 OF A.P. 18 SHTS. N DATE 10-16-00 &\JDBS\97105709\9602P08.DWG 4-19-2002 12.55.05 pn PST 0' 500' SCALE: 1" = 500' NOTE: SEE SHEET No. 18 FOR EASEMENT TABLE PAFtCZL 3 PM 1188 VICINITY MAP NO SCALE 5900 Pasteur Court Suite 100 CoHsbod, California 92008760-931-7700 Fax: 760-931-8680 www.odayconsultcnts.corn Civil Engineering Planning Processing Surveying EXHIBIT 'B' EASEMENT DEDICATION A.P.N. 213-030-11 A.P.N. 215-021-07 A.P.N. 215-030-06 A.P.N. 215-030-14 A.P.N. 215-031-08 A.P.N. 215-031-13 A.P.N. 215-052-15 A.P.N. 215-061-01 A.P.N. 215-061-09 '-. A.P.N. 215-480-02 A.P.N. 215-480-03 SHT. 9 OF 18 SHTS REQUESTED BY: MORROW DEVELOPMENT P.O. BOX 9000-685 CARLSBAD, CA 92008-9000 PREPARED BY: TIMOTHY 0. CARROLL. JR. LS. 7700 EXP. 12/31/04 A.P N SEE ABOVE* DATE 10-16-00 Gi\JrJBS\97105709\9602P09.DWG 4-19-2002 M5<33 pn PST XREFS: 9602P: 9602HCP5; 9602AMAP PARCEL V DATA ©/ 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 DELTA/BEARING N 02"23'44a W N 03'22'30" W N 12'54'59" E N H-23'47" E d=f8'5028" N 3014'15" E A=46'53'48" N 16'39'33" W &=28t20'35" N Jl'41'02" E A=26'4017* N 38-21'19" E S 46W58" E S 79"24'13" W N 83-55'19" W S 67-58'52" W S2111'49" W A=56-2413" A=29"20'40" S 0551 '44" E SUW'14" E o*o&+? CONSULT A>N T S 5900 Posteur Court Civil Engineering Suite 100 PJonning Carlsbad. California 92008 Processing 760-931-7700 Surveying Fax: 760-931-8680 www.odoyconsultonts.com REQUESTED BY: MORROW DEVELOPMENT P.O. BOX 9000-685 CARLSBAD, CA 92008-9000 RADIUS 433.00' 767.00' 1433.00' 433.00' 103.00' 110.00' LENGTH 4.28' 112.77' 200.00' 1087.49' 142.39' 286.65' 627.79' 492.40' 708.88' 230.97' 201.56' 179.90' 208.42' 34.62' 149.66' 58.43' 93.91' 101.40' 56.34' 110.53' 64.16' ^ PARCH 'D © 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 DELTA/BEARING S22'36'40"E S 02"27'49" E S 2214'36" E S47-37'03" E S 84"51'27" E N 77'41'40" E S68'44'36" E S 0513'15" E S 35'43'38" W S 86'31'24a W S 3515'46" W s rsyj'28" w S OQ-24'34" E S 12-28'H" E S 16W41" W S 36-27'37" W S fS'45'25" W S 39'22'32" W S 1812'53" W N SO-07'56" W ' DATA RADIUS —_^^ -^__ —_^^ _^^ EXHIBIT 'B' EASEMENT DEDICATION PREPARED BY: TIMOTHY 0. CARROLL, JR. LS. 7700 EXP. 12/31/04 LENGTH 168.86' 190.77' 151.66' 75.43' 65.31' 116.59' 105.98' 147.29' 260.57' 72.55' 188.61' 176.51' 155.73' 153.29' 170.50' 118.02' 154.09' 161.67' 87.92' 100.97' /|p^|^ I \ NO. 7700 J J \ -fc\ EXP. 12/31/00 /if/t SHT. 10 OF 18 SHTS A.P.N. PATF 10-16-00 Gi\JDBS\97105709\9602P10.DWG 4-19-2002 W&ao pn PST NOTE: SEE SHEET No. 18 FOR EASEMENT TABLE SCALE: 1" = 300' PARCEL A PM 13427 VICINITY MAP NO SCALE 5900 Pasteur Court Suite 100Carlsbad. California 92008760-931-7700Fox: 760-931-8680 www.odoyconsultant9.com Civil Engineering PlanningProcessing Surveying EXHIBIT 'B! 'A.P.N. 213- A.P.N. 215- A.P.N. 215- A.P.N. 215- A.P.N. 215- ~A.PM 215-"A.P.M 215- ~A.P.N. 215- A.PM 215- A.P.N. 215- A.P.N. 215- 030-11 021-07 •030-06 030-14 •031-08 •031-13 •052-15 •061-01 •061-09 •480-02 •480-03 EASEMENT DEDICATION SHT. 11 OF 18 SHTS REQUESTED BY: MORROW DEVELOPMENT P.O. BOX 9000-685 CARLSBAD, CA 92008-9000 PREPARED BY: TIMOTHY 0. CARROLL JR. LS. 7700 EXP. 12/31/04 A.P.N. SEE ABOVE* DATE 10-16-00 &\JQBS\97105709\9602P11.DWG 4-19-E008 W8>34 pn P: XREFS: 9602P: 9602HCP5: 9602AMAP • PARCEL 'E' DA ©/ 2 3 4 5 6 7 8 9 10 11 12 13 14 15 DELTA/BEARING N 02'23'45" W N 03'23'29" W N 12'54'59" E N U-23'47" E N 16-27'42" E N }228'06" E N 83V2'W E S 38'52'29" E N SO'SflS" E S 03V6'14" W S 6613'02" E N 72-34'l8" E S 78'44'04" E N 62VT42" E S 7118'33" E cfo**? CONSUL! 5900 Posleut Court Suite 100Carlsbad. Californa 92008 760-931-7700 Fax: 760-931-8680 www.odayconsultonts.coin REQUEST MORROW D P.O. BOX < CARLSBAD, ED B EVELOF JAAfi I>uuu t CA A/N T S Civil Engineering PlanningProcessingSurveying Y: >MENT 585 92008-9000 RAD/US TA LENGTH 4.28' 62.91' 248.06' 577.31' 88.63' 391.16' 84.55' 82.82' 120.99' 164.63' 123.71' 152.76' 94.17' 39.47' 192.17' • PARCEL 'E' © 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 EXHIBIT ' DELTA/BEARING RAL 81*833 n S 65'49'19" W — 540329 W S 35 1 7 03 W S 1 ~7*7f\'4 O* titi/ju iz n N 82'23'02" W ~ 243928 W 0/1)727 n S16'38'56"E — 424802 E N 78V4'54" E — S4556'11*E — 10V951 E N 50'45'54" W — A=37V652" 105 .X^V-ANO^X. /«$^-— ~— ^O^o* i 1 NO. 7700 J \ -£\ EXP. 12/31/04 /• EASEMENT DEDICATION PREPARED BY: TIMOTHY 0. CARROLL, JR. LS. 7700 EXP. 12/31/04 / [ DATA WS LENGTH 86.23 82.62' n 7 74*83.74 84.43 ira 1 "?'2oy. IZ 225.30' 189.94 212.44 227.23' n 4 07'94.87 100.25' — 32.2T__, Jz<J.U9 109.47' 1.00 680.81' 5HT. 12 OF 18 SHTS X P N WF 10-16-00 G'\JDBS\97105709\9602Pie.DWG 3008-4-18 9.55^5 an PST \ PARCEL 'A' PM 13427 0' 500' SCALE: 1" = 500' 0.70 AC. PARCEL 3 PM 1188 PNT. 'A' PACIFIC OCEAN CITY OF ENCINITAS VICINITY MAP NO SCALE NOTE: SEE SHEET No. 18 FOR EASEMENT TABLE CONSULT T S 5900 Pasteur Court Suite 100 Carlsbad, California 92008 760-931-7700 Fcx: 760-931-8680 www.odayconsultonts.com Civil Engineering Planning Processing Surveying EXHIBIT 'B' EASEMENT DEDICATION A.P.N. 213-030-11 A.P.N. 215-021-07 A.P.N. 215-030-06 A.P.N. 215-030-14 A.P.N. 215-031-08 A.P.N. 215-031-13 A.P.N. 215-052-15 ARM 215-061-01 A.P.N. 215-061-09 A.P.N. 215-480-02 A.P.N. 215-480-03 SHT. 13 OF 18 SHTS REQUESTED BY: MORROW DEVELOPMENT P.O. BOX 9000-685 CARLSBAD, CA 92008-9000 PREPARED BY: TIMOTHY 0. CARROLL JR. LS. 7700 EXP. 12/31/04 A.P.M. SEE ABOVE* DATE 10-16-00 G>\JDBS\971Q5709\960aP13.DVG 4-19-2003 M9'38 pn PSTXREFS: 9602P: 9602HCP5: 9602AMAP /~J A^IG HR-4 % PARCEL 9F\ *G°, 'H' & f/f DATA (NO) f 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 DELTA/BEARING N0510'15"E A— 1/^*9 fi*£1 lU^U A?/" S84'49'54"W N24'36'57"W N35'49'44SE A=09'57V7tt A=00'58'32" N16V5'45"W N2919'56"W N04'56'42"W N59'54'03"W N39'3fW"E S63'31'01r S21W'29"E S62V2'04"E S2913'47°W A=4519'32" S16V5'45"E N2913'47"E A 9K'^f\w N02'38'37"E ^V9\n I MO. 7700 1 ] P. »2/31/04 /if/ ^_^s^y W/HR-18N 0*0**} CONSUL' A^N T S 5900 Posteur Court Civil Engineering Suite 100 PlanningCarlsbad. California 92008 Processing 760-931-7700 Surveying Fox: 760-93) -S680 w w w-odayconsulla nts .com REQUESTED BY: MORROW DEVELOPMENT P.O. BOX 9000-685 CARLSBAD, CA 92008-9000 RADIUS 1000.00' 1000.00' 1000.00' 300.00' 800.00' LENGTH 408.81' 180.45' 61.53' 90.00' 116.54' 173.69' 17.03' 72.57' 144.76' 385.06' 125.49' 96.40' 50.28' 172.15' 54.55' 51.05' 237.32' 171.05' 9.61' 371.21' 131.14' % PARCEL '/•' 'Gs, 'H' & T DATA (NO) 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 DELTA/BEARING N87"21'14aW N25W22"W NWOI'Slrtt N27'28'54"W N0513'29"W N12V6'56"E N7513'03"E A=28'5511" A=19'5419" S13V4WE A=15'42'37" S02'38'37°W A=J5'48V5" N37'52'57''W S52V7'03aW N39-05'42"W N47W'22"W S7416'51"E A=36?J54" S37-52'57"E RADIUS 450.00' 600.00' 600.00' 450.00' 400.00' LENGTH 24.09' 301.57' 149.59' 95.90' 230.01' 46.72' 180.43' 227.13' 208.45' 54.28' 164.52' 180.27' 124.10' 221.05' 76.16' 153.71' 166.21' 47.21' 254.11' 42.38' EXHIBIT 'B' EASEMENT DEDICATION CUT .bn I . PREPARED BY: TIMOTHY 0. CARROLL, JR. LS. 7700 EXP. 12/31/04 A.P.N. 4 OF 18 SHTS OATF 10-16-00 &\JOBS\97105709\960aPH.DWG 4-19-2003 Ii21'08 pn PST DETAIL NTS 0' 500' SCALE: 1" = 500' NOTE: SEE SHEET No. 18 FOR EASEMENT TABLE PACIFIC OCEAN VICINITY MAP NO SCALE CONSULT ft^N T S 5900 Pasteur Court Civil Suite 100 Planning Carlsbad. California 92008 Processing 760-931-7700 Surveying Fox: 760-931-8680 www.odoyconSLjttonts.com EXHIBIT 'B' EASEMENT DEDICATION 213-030-11 215-021-07 215-030-06 215-030-14 215-031-08 215-031-13 215-052-15 215-061-01 215-061-09 215-480-02 215-480-03 SHT. 15 OF 18 SHTS REQUESTED BY: MORROW DEVELOPMENT P.O. BOX 9000-685 CARLSBAD, CA 92008-9000 PREPARED BY: TIMOTHY 0. CARROLL. JR. LS. 7700 EXP. 12/31/04 APKI SEE ABOVE* DATE 10-16-00 &\JaBS\97105709\960£P15.DVG 4 XREFS: 9602P: 9602HCP5; 9602AMAP 12>39>05 pn PST /if^t I I NO. 7700 \^\ EXP. 12/31/04 , \o|v\^^'^X\ X^Of CAlN^x ^ 9K* & I9 DATA ®/ 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 \ Vy o%&*? CONSULT Art* T S 5900 Pasteur Court CMI EngineeringSuite 100 Plonninq Corlsbad, California 92008 Processing 760-931-7700 Surveying Fax: 760-931-8680 REQUESTED BY: MORROW DEVELOPMENT P C\ ROY Qflflfl RRS.VJ. DwA 3UUVJ DOO CARLSBAD, CA 92008-90C DELTA/BEARING N8913'50"W S60'39'42"E S60'39'42"E A=20V317" N05V4'14"W N46V4'17"W N60'42'13"W N36-22'02"E S7911'50"E N8913'50"W N36-22'02"E S36"22'02"W N60-42'13°W N7819'27"W N63'36'06"W N5818'58"E N4919'22"E N32'55'40"E N3519'55"E N1817'15"E N03"28'13"E N12V6'37"W A=26V912" N5415'07°E S06'23'13"E 26 S12'57'45"E 27 S38W'41"E 28 S43'43'33"E 29 S01'57'47"W 30 S24<25'14"W 31 S49'57'19"W 32 S03'25'!8"E 33 S39V2'59"E 34 S7911'50"E RADIUS 949.00' 285.00' LENGTH 305.45' 48.61' 501.18' 332.17' 111.44' 118.42' 276.22' 141.19' 95.14' 107.70' 3.671 123.47' 171.27' 21.66' 237.98' 82.61' 29.52' 124.69' 81.66' 179.69' 97.49' 100.44' 130.09' 100.82' 26.53' 70.93' 158.78' 145.78' 81.54' 229.94' 152.67' 86.62' 54.34' 141.54' EXHIBIT 5B! W 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 A m PARCEL 'f, 'K* & 2' DATA DELTA/BEARING N3815'49"W A=391728" N07'34'59"E N2515'42"E A=29V1'48" N03'46'06"W N13'20'13"E N32V2'43"E 6=681212° N36W'29"W N03'41'44"E N70'49'45"E N1312'20"E N5912'11"E S3317'12"W S14"21'05"E S69'33'47"E S20-18'29°E S62'46'29"E N8317'01"E S72'59'53"E S87'49'WE S19-21'29"W 544-27'55'W N82V2'28"W H4W1"I3"W N80-33'17*W S63W'56"W A-1233033 S32'58'35"W A=5218'44" S02'41"I2"W S23V6'50"W A=3719-50" S1413WE S11'32'12aW EASEMENT DEDICATION SHJ PREPARED BY: TIMOTHY 0. CARROLL JR. 10 LS. 7700 EXP. 12/31/04 A.P. RADIUS 550.00' 440.00' 260.00' 125.00' 195.00' 234.00' LENGTH 116.73' 377.17' 20.00' 110.81' 222.93' 59.15' 20.00' 33.43' 309.50' 118.67' 16.95' 198.64' 126.66' 85.31' 63.78' 85.60' 95.52' 62.46' 84.76' 75.45' 148.97' 58.87' 64.50' 99.20' 183.13' 52.13' 45.42' 43.31' 269.46' 43.77' 178.04' 198.80' 132.32' 152.46' 118.04' 69.76' S N SEE ABOVE* HATF 10-16-00 &\JDBS\97105709\9602P16.DWG 4-19-2002 12>36>44 pn PST PARCEL 'M' 0XTA ®/ 2 J 4 5 6 7 8 9 10 11 12 13 14 15 16 17 DELTA/BEARING N58V1'18"W N74"29'33"W N64V4'06°W N34'48'28"E A=91"22^8" N56'34'30"W N7618'42"W N03V3'19"E A=78'34'45° N61?2'40"W N49'53'57"E N68^8'06°E N39'22'04"E S74V4'42"E N77-21'54"E SOO'42'03"W SOO'39'40"W RADIUS 58.00' 70.00' LENGTH 88.18' 124.07' 84.76' 48.03' 92.51' 81.40' 60.43' 13.11' 96.00' 12.75' 84.32' 227.42' 64.31' 37.13' 130.56' 138.19' 424.03' NOTE: SEE SHEET No. 18 FOR EASEMENT TABLE CITY OF PACIFIC OCEAN CITY OF ENCINITAS VICINITY MAP NO SCALE 5900 Posteur Court Suite 100 Carlsbad. California 92003 760-931-7700 Fox: 760-931-8680 www.odoyconsultonts.com Civil Engineering Planning Processing Surveying PARCEL Z SEE SHEET 15 EXHIBIT 'BJ EASEMENT DEDICATION A.P.N. 213-030-11 A.P.N. 215-021-07 A.P.N. 215-030-06 A.P.N. 215-030-14 A.P.N. 215-031-08 A.P.N, 215-031-13 A.P.N. 215-052-15 A.P.N. 215-061-01 A.P.N. 215-061-09 A.P.N. 215-480-02 A.P.N. 215-480-03 SHT. 17 OF 18 SHTS REQUESTED BY: MORROW DEVELOPMENT P.O. BOX 9000-685 CARLSBAD, CA 92008-9000 PREPARED BY: TIMOTHY Q. CARROLL. JR. LS. 7700 EXP. 12/31/04 A.P.N SEE ABOVE* DATE 10-16-00 &\JDBS\97105709\9602P17,DWG 4-19-8003 1.41'57 pn PST XREFS: 9602P: 9602HCP5; 9602AMAP FA SFMSUT M77F9- Ad-/U£.ffi^jr / /yi//£.«j« ^^p /^^TAN/T^NVX<j$) ^V-ANU^ JVX /$/$y ^^vc^X l^fe ^\°\ 1 1 ^\ II \ NO. 7700 y j V *\ EXP. 1 V31/00 / */ V <£>\. ^s/^~s N^LE^^ FIRST AMERICAN TITLE INSURANCE CO. PRELIMINARY TITLE REPORT £ 1126323-11 DATED NOVEMBER 24, 1998 ITEM 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 21 22 23 25 26 A 27 38 39 40 41 44 PURPOSE POWER ROAD POWER POWER POWER POWER POWER POWER WATER WATER SEWER POWER POWER SLOPE/DRAINAGE POWER CABLE TV CABLE TV ROAD/DRAINAGE WATER SEWER ROAD/SLOPES UTILITIES SEWER TELEPHONE POWER SEWER SEWER SEWER PARK OWNER SDG&E COUNTY SDG&E SDG&E SDG&E SDG&E SDG&E SDG&E CMWD CMWD SMCWD SDG&E SDG&E COUNTY SDG&E DANIELS DANIELS CARLSBAD CMWD LCWD CARLSBAD PRIVATE SMCWD PACIFIC BELL SDG&E CARLSBAD CARLSBAD VWD CARLSBAD DOCUMENT BK 798, PG 241 BK 1514, PG 145 BK 5179, PG 433 BK 5207, PG 158 BK 5208, PG 399 BK 5212, PG 492 BK 5235, PG 130 BK 5273, PG 432 151772 183352 84209 15564 158721 158741 130797 23034 82-254573 82-254574 86-412542 86-412543 83-449259 84-043971 84-180447 84-312777 85-335690 86-078338 NO RECORD FD. NO RECORD 1997-0488228 1998-0366137 1997-0605498 1998-0077512 1998-0151414 1998-0152413 DATE 2/16/20 6/11/43 3/23/54 4/16/54 4/19/54 4/22/54 5/12/54 6/18/54 7/27/60 10/23/61 5/11/64 1/27/69 8/28/69 8/28/69 7/24/70 2/05/71 8/17/82 8/17/82 9/19/86 9/19/86 12/9/83 2/06/84 5/15/84 8/16/84 9/12/85 2/28/86 10/01/97 6/16/98 12/01/97 2/13/98 3/20/98 3/20/98 EXISTING FACILITY O.H. ELECTRICAL ROAD ELECTRICAL O.H. ELECTRICAL O.H. ELECTRICAL O.H. ELECTRICAL O.H. ELECTRICAL O.H. ELECTRICAL 30" GAS 10" WATER 8" WATER 16" & 12" SEWER VACANT VACANT SLOPE & DRAINAGE VACANT O.H. U/G CABLE TV ROAD 8" WATER VACANT VACANT VACANT 20" SEWER O.H. TELEPHONE UNKNOWN* PUMP STATION PUMP STATION 24" DIP SEWER VACANT *//VMTVM/ rAkikinr or nrrrDim/rn cvnu ocrnon cfo**? CONSULT A4< T S b. wr v i * • wf • \sf if »/ f \j i *•**• ^^i— l^l MWIII vi~ts f * » ^frr * i<_ w/ tfc^ 5900 Pasteur Court Civil Engirmering F^HIRIT R f«JS:S:^S ~ EASEMENT DEDICATION CUT ,Q ^ ._ CUTCw»».orJayconswltonts.com oHI. 18 Or 18 oHlO. REQUESTED BY: PREPARED BY: MORROW DCVCLOrMENT TIMOTHY °' CARROLL- JR- A P M P.O. BOX 9000-685 CARLSBAD, CA 92008-9000 LS. 7700 EXP. 12/31/04 PATF 10-16-00 Gi\JQBS\97105709\9602P18.DWG 4-19-HOOa 1&45.58 pr. PST RECORDING REQUESTED BY: ) Department of Fish and Game ) 1416 Ninth Street, 12th Floor ) Sacramento, CA 95814 ) ) MAIL TO: ) Department of Fish and Game ) 1416 Ninth Street, 12th Floor ) Sacramento, Ca 95814 ) Space Above Line for Recorder's Use Only No DOCUMENTARY TRANSFER TAX DUE California Revenue & Taxation Code § 1 1 922 Presented for Acceptance by California Department of Fish and Game CONSERVATION EASEMENT DEED (Villages of La Costa Offsite) THIS CONSERVATION EASEMENT DEED (the "Deed") is made by REAL ESTATE COLLATERAL MANAGEMENT COMPANY, a Delaware corporation ("Grantor"), in favor of THE STATE OF CALIFORNIA ("Grantee"), acting by and through its Department of Fish and Game, a subdivision of the California Resources Agency, ("DFG") with reference to the following facts: RECITALS A. Grantor is the sole owner in fee simple of certain real property in the County of San Diego, State of California, consisting of two parcels consisting of a total of 39.37 acres as more particularly described in Exhibits "A" and "B", attached hereto and incorporated by this reference (collectively the "Conserved Habitat Lands"); and B. The Conserved Habitat Lands possesses wildlife and native habitat values (collectively, "Conservation Values") of great importance to Grantor and the people of the State of California; and C. The Conserved Habitat Lands includes coastal sage scrub and other natural habitats suitable to the California gnatcatcher, (Polioptila californica californica) and other sensitive species; and D. The Department of Fish and Game has jurisdiction, pursuant to the Fish and Game Code Section 1 802, over the conservation, protection, and management of fish, wildlife, native plants and the habitat necessary for biologically sustainable populations of those species, and the Department of Fish and Game is authorized to hold easements for these purposes pursuant to HCP/Conservation Easement Deed - Offsite 27817-7/1815159.2 (Word)1/9/03 Civil Code Section 815.3, Fish and Game Code Section 1348, and other provisions of California law; E. The United States Fish and Wildlife Service (USFWS) has jurisdiction over the conservation, protection, restoration, enhancement and management of fish, wildlife and native plants and the habitats on which they depend under the Endangered Species Act, 16 U.S.C. section 1531 et seq. (ESA), the Fish and Wildlife Coordination Act, 16 U.S.C. section 661-666c and other applicable Federal laws; and F. The Conserved Habitat Lands were designated for acquisition habitat conservation purposes pursuant to that certain "Implementation Agreement Regarding the City of Carlsbad/Fieldstone/La Costa Associates Habitat Conservation Plan/On-Going Multi-Species Plan dated June 7, 1995" (the "Implementation Agreement") by Grantor's predecessor in title, the Fieldstone Company, in connection with the development of the Villages of La Costa Project in the County of San Diego, California (the "Project") and Grantor desires to assure Grantee and the USFWS that Grantor, and its successors, will hold the Conserved Habitat Lands conveyed hereby for the conservation purposes as required in the Implementation Agreement in accordance with and subject to the terms and conditions of this Deed; and G. Grantor intends to convey to Grantee, pursuant to this Deed, the right to preserve and protect the conservation values of the Conserved Habitat Lands in perpetuity; and H. Grantee agrees by accepting this grant to honor the intentions of Grantor stated herein and to preserve and to protect in perpetuity the Conservation Values of the Conserved Habitat Lands in accordance with the terms of this Deed for the benefit of this generation and the generations to come. COVENANTS. TERMS, CONDITIONS AND RESTRICTIONS In consideration of the above recitals and the mutual covenants, terms, conditions, and restrictions contained herein, and pursuant to California law, including Civil Code Section 815, et seq., Grantor hereby grants and conveys to Grantee a conservation easement in perpetuity over the Conserved Habitat Lands of the nature and character and to the extent hereinafter set forth ("Conservation Easement"). 1. Purpose. The purpose of this Conservation Easement is to assure the Conserved Habitat Lands will be preserved in a natural condition in perpetuity and to prevent any use of the Conserved Habitat Lands that will materially impair or interfere with the conservation values of the Conserved Habitat Lands. Grantor intends that this Conservation Easement will confine the use of the Conserved Habitat Lands to such activities, including without limitation, those involving the preservation and enhancement of native species and their habitat in a manner consistent with the habitat conservation purposes of this Conservation Easement. 2. Rights of Grantee. To accomplish the purposes of this Conservation Easement, Grantor hereby grants and conveys the following rights to Grantee, and USFWS as a third party beneficiary of this Conservation Easement, by this Deed: HCP/Conservation Easement Deed - Offsite 27817-7/1815159.2 (Word) 2 1/9/03 (a) To preserve and protect in perpetuity the Conservation Values of the Conserved Habitat Lands in accordance with this Conservation Easement and the Implementation Agreement; (b) To enter upon the Conserved Habitat Lands at reasonable times in order to monitor Grantor's compliance with and to otherwise enforce the terms of this Conservation Easement. In addition, Grantee, the USFWS or their designees may enter the Conserved Habitat Lands for research and interpretive purposes, subject to Grantor's approval, which approval shall not be withheld unreasonably; (c) To prevent any activity on or use of the Conserved Habitat Lands that is inconsistent with the purposes of this Conservation Easement and to require the restoration of such areas or features of the Conserved Habitat Lands that may be damaged by any act, failure to act, or any use by Grantor that is inconsistent with the purposes of this Conservation Easement; (d) All mineral, air and water rights necessary to protect and to sustain the biological resources of the Conserved Habitat Lands; (e) All present and future development rights, except that Grantor retains such rights as are necessary to conduct activities for the Project development as provided for in the Implementation Agreement and this Deed; and (f) To enforce by means including, without limitation, injunctive relief, the terms and conditions of this Conservation Easement. 3. Prohibited Uses. Any activity on or use of the Conserved Habitat Lands inconsistent with the habitat conservation purposes of this Conservation Easement and not specifically reserved as a right of Grantor is prohibited. Without limiting the generality of the foregoing, the following uses by Grantor and Grantor's agents are expressly prohibited unless specifically provided for in this Deed, the Implementation Agreement or any approved management plan(s) for the Conserved Habitat Lands; (a) Unseasonal watering, use of herbicides, rodenticides, or weed abatement activities, incompatible fire protection activities and any and all other uses which may adversely affect the purposes of this Conservation Easement; (b) Use of off-road vehicles except in the execution of management duties; (c) Grazing or surface entry for exploration or extraction of minerals; (d) Erecting of any building, billboard, sign excepting signs designating the boundaries and purpose of the Conserved Habitat Lands; (e) Depositing of soil, trash, ashes, garbage, waste, bio-solids or any other material; HCP/Conservation Easement Deed - Offsite 27817-7/1815159.2 (Word) 3 1/9/03 (f) Excavating, dredging or removing of loam, gravel, soil, rock, sand or other material; (g) Otherwise altering the general topography of the Conserved Habitat Lands, including building of roads; (h) Removing, destroying, or cutting of trees, shrubs or other vegetation, except as required by federal, state or local law or by governmental order for (1) fire breaks, (2) maintenance of existing foot trails or roads, (3) prevention or treatment of disease or (4) for the implementation of the approved management plan. 4. Grantor's Duties. Grantor shall undertake all reasonable actions to prevent the unlawful entry and trespass by persons whose activities may degrade or harm the conservation values of the Conserved Habitat Lands. 5. Reservations and Exceptions. Notwithstanding any other provisions of this Deed, Grantor has reserved and there is excepted from the grant, transfer, assignment and conveyance of the Conservation Easement hereunder the right of Grantor, or its successors and assigns, agents or contractors, and public agencies, the right of access and easements for the purpose of planning, constructing, grading, operating, maintaining, replacing or reconstructing public or private sewer, water, utility, basins, drainage and all other public and private utilities over, under or across the Conserved Habitat Lands necessary or required for the orderly development of Grantor's "Project and Plan Activities" described in Section IV.G. of the Implementation Agreement provided any disturbed habitat is reasonably restored or mitigated, and are not otherwise inconsistent with the purpose of this Conservation Easement and the Implementation Agreement. Further reserving and excepting from this Deed, the reversion of fee title to Grantor on the occurrence of the condition subsequent that (i) the Conserved Habitat Lands is used for any purpose other than wildlife conservation purposes as provided in Section V.A.I, of the Implementation Agreement or (ii) the Implementation Agreement and associated HCP/OMSP is judicially invalidated, but in such event, excluding from such reversion of fee title to any Conserved Habitat Lands, an area equitably proportionate to the extent of any permanent habitat "take" under the Implementation Agreement and HCP/OMSP. 6. Grantee's Remedies. USFWS as a third party beneficiary of this Conservation Easement shall have the same rights and remedies as Grantee under this section. If Grantee determines that Grantor is in violation of the terms of this Conservation Easement or that a violation is threatened, Grantee shall give written notice to Grantor of such violation and demand in writing the cure of such violation. Grantor shall not be deemed in default until such written notice is given. If Grantor fails to cure the violation within fifteen (15) days after receipt of said written notice and demand from Grantee, or said cure reasonably requires more than fifteen (15) days to complete and Grantor fails to begin the cure within the fifteen (15) day period or fails to continue diligently to complete the cure, and if Grantor fails to notify Grantee within fifteen (15) days after receipt of Grantee's written notice of violation that Grantor disputes Grantee's determination of violation (hereinafter, Grantor's "notice of dispute"), Grantee may bring an action at law or in equity in a court of competent jurisdiction to enforce compliance by Grantor HCP/Conservation Easement Deed - Offsite 27817-7/1815159.2 (Word) 4 1/9/03 with the terms of this Conservation Easement, to recover any damages to which Grantee may be entitled for violation by Grantor of the terms of this Conservation Easement, to enjoin the violation, ex parte as necessary, by temporary or permanent injunction without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies, or for other equitable relief, including, but not limited to, the restoration of the Conserved Habitat Lands to the condition in which it existed prior to any such violation or injury. Grantee may apply any damages recovered to the cost of undertaking any corrective action on the Conserved Habitat Lands. 6.1. Insurance. The Grantor will maintain an insurance policy in a form reasonably approved by the Legal Advisor to Grantee with a minimum of $2 million of coverage per incident. If a court of competent jurisdiction determines that the Grantor has violated any term of this Conservation Easement, Grantor and Grantee agree that: (a) liability for damages is limited to acts or omissions covered by that policy and only to the dollar limits of that policy; (b) funds from the endowment which was created to manage the Conserved Habitat Lands cannot be used to pay damages awarded as part of the judgment; (c) funds from the endowment which was created to manage the Conserved Habitat Lands cannot be used to restore the Conserved Habitat Lands to the condition in which it existed prior to the violation; and (d) at its discretion, Grantee may agree to accept fee title to the Conserved Habitat Lands and management responsibility of the Conserved Habitat Lands. If this occurs, Grantee will receive any funds which remain in the endowment and any other funds specified for the Conserved Habitat Lands. Grantee's acceptance of the Conserved Habitat Lands is subject to approval by the Department of General Services. 6.2. Cooperation. If Grantor provides Grantee with a notice of dispute, as provided herein, Grantee shall meet and confer with Grantor at a mutually agreeable place and time, not to exceed thirty (30) days from Grantee's receipt of the notice of dispute. Grantee shall consider all relevant information concerning the disputed violation provided by Grantor and shall determine whether a violation has in fact occurred and, if so, whether Grantee's notice of violation and demand for cure are appropriate in light of the violation. Grantee agrees to consider the following principles in making its determination: (a) Management activities shall be chosen for their long-term benefits to the Conserved Habitat Lands' conservation values rather than for short-term benefits; (b) Management activities that benefit habitat protection shall be chosen in favor of management activities designed to benefit individual species, except where State or Federally listed species are at issue; (c) Habitat maintenance is of primary importance in protecting the long-term conservation values of the Conserved Habitat Lands; HCP/Conservation Easement Deed - Offsite 27817-7/1815159.2 (Word) 5 1/9/03 (d) Management activities shall be chosen according to the following order of preference: (i) preventative actions shall be taken to avoid additional impact; (ii) natural restoration shall be used if appropriate, based on the magnitude of the impact, the impacts on listed or sensitive species, and the estimated time for recovery to occur; (iii) active restoration shall be required only where there are severe, long-term impacts to the Conserved Habitat Lands' Conservation Values, or where highly sensitive species are impacted; (e) If, and for so long as, Grantor is a non-profit entity organized for conservation purposes, Grantee shall consider the cost of management activities and the resources available to Grantor's successor. 6.3. Emergencies. If Grantee, in its sole discretion, determines that circumstances require immediate action to prevent or mitigate significant damage to the Conservation Values of the Conserved Habitat Lands, Grantee may pursue its remedies under this paragraph without prior notice to Grantor or without waiting for the period provided for cure, or notice of dispute, to expire. Grantee's rights under this paragraph apply equally to actual or threatened violations of the terms of this Conservation Easement. Grantor agrees that Grantee's remedies at law for any violation of the terms of this Conservation Easement are inadequate and that Grantee shall be entitled to the injunctive relief describe in this section, both prohibitive and mandatory, in addition to such other relief to which Grantee may be entitled, including specific performance of the terms of this Conservation Easement, without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies. Grantee's remedies described in this section shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity, including but not limited to, the remedies set forth in Civil Code Section 815, et seq., inclusive. If a court of competent jurisdiction determines that the Grantor has violated any term of this easement, Grantor and Grantee agree that: (a) liability for damages is limited to acts or omissions covered by the insurance policy identified in paragraph 6.1 and only to the dollar limits of that policy; (b) funds from the endowment which was created to manage the Conserved Habitat Lands cannot be used to pay damages awarded as part of the judgment; (c) funds from the endowment which was created to manage the Conserved Habitat Lands cannot be used to restore the Conserved Habitat Lands to the condition in which it existed prior to the violation; and (d) at its discretion, Grantee may agree to accept fee title to the Conserved Habitat Lands and management responsibility of the Conserved Habitat Lands. If this HCP/Conservation Easement Deed - Offsite 27817-7/1815159.2 (Word) 6 1/9/03 occurs, Grantee will receive any funds which remain in the endowment and any other funds specified for the Conserved Habitat Lands. Grantee's acceptance of the Conserved Habitat Lands is subject to approval by the Department of General Services. 6.4. Conflicting Notices. If Grantor receives inconsistent or conflicting notices of violation from Grantee and from the USFWS, acting in its capacity as a third party beneficiary, Grantor shall notify Grantee and USFWS within fifteen (15) days of such receipt of the inconsistency or conflict. Grantor shall not be deemed in default or be required to take any action until such time as Grantee and the USFWS provide a joint written notice of violation. Joint notices of violation shall be treated the same as individual notices of violation under this Section 6. Specified time limits concerning notices of violation, and notices of dispute, shall be calculated from the date Grantor receives a joint notice of violation. 7. Conveyance "As-Is". Notwithstanding anything to the contrary contained herein, it is understood between the parties that the easement rights conveyed by this Deed are expressly subject to all matters of record as of the date of this Deed and are conveyed in an "AS IS" condition, "with all faults" as of such date. 8. Access. This Conservation Easement does not convey a general right of access to the public. 9. Costs and Liabilities. Grantor retains all responsibilities and shall bear all costs and liabilities of any kind including transfer costs, costs of title and documentation review, and costs related to the ownership, operation, upkeep, and maintenance of the Conserved Habitat Lands. 9.1. Taxes. Grantor or subsequent transferees shall pay before delinquency all taxes, assessments, fees, and charges of whatever description levied on or assessed against the Conserved Habitat Lands by competent authority (collectively "taxes"), including any taxes imposed upon, or incurred as a result of, this Conservation Easement, and shall furnish Grantee and USFWS with satisfactory evidence of payment upon request. 9.2. Hold Harmless. Grantor shall hold harmless, indemnify, and defend Grantee and its, directors, officers, employees, agents, contractors, and representatives (collectively "Indemnified Parties") from and against all liabilities, penalties, costs, losses, damages, expenses, causes of action, claims, demands, or judgments, including without limitation, reasonable attorneys' fees, arising from or in any way connected with: injury to or the death of any person, or physical damages to any Conserved Habitat Lands, resulting from any act, omission, condition, or other matter related to or occurring on or about the Conserved Habitat Lands, regardless of cause, unless due to the negligence of any of the indemnified parties. 9.3. Condemnation. The purposes of the Conservation Easement are presumed to be the best and most necessary public use as defined at Code of Civil Procedure Section 1240.680 notwithstanding of Code of Civil Procedure Sections 1240.690 and 1240.700. 9.4. Acts Beyond Grantor's Control. Nothing contained in this Grant shall be construed to entitle Grantee or DFG to require Grantor to restore or remedy any injury to or HCP/Conservation Easement Deed - Offsite 27817-7/1815159.2 (Word) 7 1/9/03 change in the Conserved Habitat Lands resulting from causes beyond Grantor's control, including, without limitation, fire, flood, storm, and earth movement, or actions by third parties, or from any prudent action taken by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to the Conserved Habitat Lands resulting from such causes. 10. Assignment. This Conservation Easement is transferable as provided in sections 10 and 11, but Grantee may assign its rights and obligations under this Conservation Easement only to an entity or organization authorized to acquire and hold conservation easements pursuant to Civil Code Section 815.3 and only with the prior written approval of USFWS. Grantee shall require the assignee to record the assignment in the county where the Conserved Habitat Lands is located. 11. Subsequent Transfers. The covenants, conditions, and restrictions contained in this Deed are intended to run with the land and to bind all future owners of any interest in the Conserved Habitat Lands. Grantor agrees to incorporate by reference the terms of this Conservation Easement in any deed or other legal instrument by which Grantor divests itself of any interest in all or a portion of the Conserved Habitat Lands, including, without limitation, a leasehold interest. Grantor agrees to give written notice to Grantee and the USFWS of the intent to transfer of any interest at least forty-five (45) days prior to the date of such transfer. Any subsequent transferee shall be deemed to have assumed the obligations of this Conservation Easement and to have accepted the restrictions contained herein. The failure of Grantor or Grantee to perform any act provided in this section shall not impair the validity of this Conservation Easement or limit its enforceability in any way. Grantor shall not grant additional easements or other interests in the Conserved Habitat Lands without the prior written authorization of Grantee and USFWS, which consent shall not be unreasonably withheld. 12. Notices. All notices, demands, requests, consents, approvals, or communications from one party to another shall be personally, delivered or sent by facsimile to the persons set forth below or shall be deemed given five (5) days after deposit in the United States mail, certified and postage prepaid, return receipt requested, and addressed as follows, or at such other address as any Party may from time to time specify to the other parties in writing: To Grantor: Real Estate Collateral Management Company c/o Mr. Fred Arbuckle, President Morrow Development, Inc. 1903 Wright Place, Suite 180 Carlsbad, CA 92008 FAX: (760)929-2705 To Grantee: Regional Manager Department of Fish and Game 330 Golden Shore, Suite 50 Long Beach, CA 90802 FAX: Also: General Counsel Department of Fish and Game HCP/Conservation Easement Deed - Offsite 27817-7/1815159.2 (Word) 8 ) /9/03 Legal Affairs Division 1416 Ninth Street, 12th Floor Sacramento, California 95814-2090 With a copy to: Field Supervisor United States Fish and Wildlife Service 2730 Loker Avenue Carlsbad, California 92008 Fax No. (760)431-9440 The parties agree to accept facsimile signed documents and agree to rely upon such documents as if they bore original signatures. Each party agrees to provide to the other parties, within seventy-two (72) hours after transmission of a facsimile, documents which bear the original signatures. 13. Extinguishment. This Conservation Easement may not be extinguished or abandoned by Grantor and Grantee without the prior written consent of USFWS. If the USFWS consent is provided, this Conservation Easement may be extinguished or abandoned by Grantor and Grantee by mutual written agreement upon the request of either party only after the requesting party acquires and records a perpetual conservation easement in the name of the State of California at an alternative location, which provides conservation values that satisfy the specific mitigation purposes of this Conservation Easement as stated in Paragraph F. 14. Amendment. This Conservation Easement may be amended by Grantor, Grantee and USFWS by mutual written agreement. Any such amendment shall be consistent with the purposes of this Conservation Easement and the Implementation Agreement, and, except as provided in Section 13, shall not affect its perpetual duration. Any such amendment shall be recorded in the official records of San Diego County, State of California. 15. Recordation. Grantee shall promptly record this instrument in the official records of San Diego County, California and immediately notify the Grantee and USFWS through the mailing of a conformed copy of the recorded easement. 16. Estoppel Certificates. Upon request by Grantor, DFG shall within fifteen (15) days execute and deliver to Grantor any document, including an estoppel certificate, which certifies Grantor's compliance with any obligation of Grantor contained in this Deed and otherwise evidences the status of this Grant as may be requested by Grantor. 17. General Provisions. (a) Controlling Law. The interpretation and performance of this Conservation Easement shall be governed by the laws of the State of California and applicable federal law. Any subsequent amendment or repeal of federal or state law or order which authorizes this Deed shall not affect the rights conveyed to the Grantee or its successors or assigns. HCP/Conservation Easement Deed - Offsite 27817-7/1815159.2 (Word) 9 1/9/03 (b) Liberal Construction. Any general rule of construction to the contrary notwithstanding, this Conservation Easement shall be liberally construed to effect the purpose of this Implementation Agreement, Conservation Easement, and the policy and purpose Civil Code Section 815, et seq. If any provision in this instrument is found to be ambiguous, an interpretation consistent with the purposes of this Conservation Easement that would render the provision valid shall be favored over any interpretation that would render it invalid. (c) Severability. If a court of competent jurisdiction voids or invalidates on its face any provision of this Deed, such action shall not affect the remainder of this Conservation Easement Deed. If a court of competent jurisdiction voids or invalidates the application of any provision of this Deed to a person or circumstance, such action shall not affect the application of the provision to other persons or circumstances. (d) Entire Agreement. This instrument sets forth the entire agreement of the parties with respect to the Conservation Easement and supersedes all prior discussions, negotiations, understandings, or agreements relating to the Conservation Easement all of which are merged herein. No alteration or variation of this instrument shall be valid or binding unless contained in an amendment in accordance with Section 14. This Deed is intended to implement the Implementation Agreement and is consistent therewith. (e) No Forfeiture. Nothing contained herein will result in a forfeiture or reversion of Grantor's title in any respect. (f) Successors. The covenants, terms, conditions, and restrictions of this Deed shall be binding upon, and inure to the benefit of, the parties hereto and their respective personal representatives, heirs, successors, and assigns and shall continue as a servitude running in perpetuity with the Conserved Habitat Lands. The covenants hereunder benefitting Grantee shall also benefit USFWS. (g) Termination of Rights and Obligations. A party's rights and obligations under this Conservation Easement shall terminate only upon transfer of the party's interest in the Conservation Easement or Conserved Habitat Lands (respectively), except that liability for acts or omissions occurring prior to transfer shall survive transfer. (h) Captions The captions in this instrument have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon construction or interpretation. (i) Counterparts. The parties may execute this instrument in two or more counterparts, which shall, in the aggregate, be signed by Grantor and Grantee; each counterpart shall be deemed an original instrument as against any party who has signed it. In the event of any disparity between the counterparts produced, the recorded counterpart shall be controlling. (j) Exhibits. All Exhibits referred to in this Deed are attached and incorporated herein by reference. HCP/Conservation Easement Deed - Offsite 27817-7/1815159.2 (Word) 10 1/9/03 (k) Federal or State Appropriations. The duty of USFWS and CDFG to carry out their respective obligations under this Easement shall be subject to the availability of appropriated funds. IN WITNESS WHEREOF, Grantor has caused this Conservation Easement Deed to be executed 3<t*i/&»y f , 2003. GRANTOR: REAL ESTATE COLLATERAL MANAGEMENT COMPANY, a Delaware corporation By: David A. Watts Its: Vice-President HCP/Conservation Easement Deed - Offsite 27817-7/1815159.2 (Word) 11 1/9/03 CERTIFICATE OF ACCEPTANCE This is to Certify that the interest in real property conveyed by the Conservation Easement Deed by Real Estate Collateral Management Company, dated , 2002 to the State of California, Grantee, acting by and through its Department of Fish and Game (the "Department"), a governmental agency (under Government Code §27281), is hereby accepted by the undersigned officer on behalf of the Department, pursuant to authority conferred by resolution of the California Fish and Game Commission on GRANTEE: STATE OF CALIFORNIA, by and through, DEPARTMENT OF FISH AND GAME By: Title: Authorized Representative Date: Approved as to Form: ANN S. MALCOLM, Deputy General Counsel CALIFORNIA DEPARTMENT OF FISH AND GAME HCP/Conservation Easement Deed - Offsite 27817-7/1815159.2 (Word) 12 1/9/03 THE STATE OF COUNTY OF <? _ ) On J<»»<^t/*y ^ _ , 2003, before me, J?fa ft 4 C, Mbe*? (name of Notary Public), a Notary Public in and for said State, duly commissioned and sworn, personally appeared <£?«* i/«br A\ k/^-HS personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity(ies), and that by his signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public in and for State of^ My commission expires: (NOTAPJAL SEAL) OFFICIAL SEAL DIAIS5A C MORENO WOmRY PUBLIC, STATE OF tUJNOISj HCP/Conservation Easement Deed - Offsite 27817-7/1815159.2 (Word) 13 1/9/03 'X " DESCRBPTION THAT PORTION OF THE EAST HALF OF SECTION 32, TOWNSHIP 12 SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE NORTH LINE OF SAID SECTION 32, DISTANT THEREON SOUTH 89°54'20n WEST 30.00 FEET FROM THE NORTHEAST CORNER OF SAID SECTION 32; THENCE PARALLEL WITH EAST LINE OF SAID SECTION 32, SOUTH 00°01'00" WEST 780.83 FEET TO THE BEGINNING OF A TANGENT 300.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH AN ANGLE OF 72°26'00" A DISTANCE OF 379.26 FEET; THENCE TANGENT TO SAID CURVE, SOUTH 72°27'00" WEST 271.19 FEET TO THE BEGINNING OF A TANGENT 500.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH AN ANGLE OF 19°33'40" A DISTANCE OF 170.70 FEET; THENCE TANGENT TO SAID CURVE, SOUTH 52°53'20B WEST 526.16 FEET TO THE BEGINNING OF A TANGENT 100.00 FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE SOUTHERLY ALONG SAID CURVE THROUGH AN ANGLE OF 47°30'1711 A DISTANCE OF 83.17 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID CURVE THROUGH AN ANGLE OF 58002'03» A DISTANCE OF 101.29 FEET; THENCE ALONG A RADIAL LINE TO SAID CURVE, SOUTH 37°12'00n WEST 30.00 FEET; THENCE SOUTH 05°54'40" WEST 1216.96 FEET TO THE CENTER LINE OF A 60.00 FOOT EASEMENT FOR ROAD AND UTILITIES HEREINAFTER DESCRIBED AS PARCEL 2; THENCE ALONG SAID CENTER LINE, NORTH 73°42'30" WEST 704.00 FEET TO THE BEGINNING OF A TANGENT 500.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE LEAVING SAID CENTER LINE, NORTH 16°17'30" EAST 1214.70 FEET TO A LINE WHICH BEARS NORTH 84°45'57n WEST FROM THE TRUE POINT OF BEGINNING THENCE SOUTH 84°45'57" EAST 441.16 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING FROM THE ABOVE DESCRIBED PROPERTY THE COAL AND OTHER MINERALS TOGETHER WITH THE RIGHT TO PROSPECT FOR, MINE, AND REMOVE THE SAME PURSUANT TO THE PROVISIONS AND LIMITATION OF THE ACT OF DECEMBER 29, 1916 (39 STAT. 662) AS EXCEPTED AND RESERVED IN THE U.S. PATENT FOR SAID LAND ISSUED TO JOSEPH L. RYAN, JUNE 22, 1928, AND RECORDED IN BOOK 15, PAGE 59 OF PATENTS, SAID PATENT RECITES "THE ENTRY IS MADE UNDER SECTION 29 OF THE ACT OF FEBRUARY 25, 1920 (41 STAT. 437) AND THE PATENT IS ISSUED SUBJECT TO THE RIGHTS OF PRIOR PERMITTEES OR LESSEES TO USE SO MUCH OF THE SURFACE OF SAID LANDS AS IS REQUIRED FOR MINING OPERATIONS WITHOUT COMPENSATION TO THE PATENTS FOR DAMAGES RESULTING FROM PROPER MINING OPERATIONS. DESCRIPTION THAT PORTION OF THE NORTH HALF OF THE NORTHWEST QUARTER OF SECTION 10, IN TOWNSHIP 13 SOUTH, RANGE .3 WEST, SAN DIEGO BERNARDINO MERIDIAN/ IN THE COUNTY OF SAN DIEGO., STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, AS DESCRIBED IN PARCEL A OF CERTIFICATE OF COMPLIANCE RECORDED JANUARY 31, 1996 AS FILE NO. 1996-0047480 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SECTION 10, TOWNSHIP 13 SOUTH, RANGE 3 WEST, SAN DIEGO BERNARDINO MERIDIAN; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID SECTION 10, SOUTH 0033'22n WEST 200.00 FEET TO A POINT THAT IS THE WESTERLY TERMINUS OF A LINE THAT IS PARALLEL TO AND 200 FEET SOUTHERLY OF THE NORTHERLY LINE OF SAID SECTION 10, SAID POINT ALSO BEING ON THE SOUTHERLY LINE OF THAT LAND DESCRIBED IN DEEDS TO THE OLIVENHAIN MUNICIPAL WATER DISTRICT RECORDED NOVEMBER 13, 1995 AS. FILE NO. 1995-0513777 AND 1995-0513778, BOTH OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID WESTERLY LINE OF SAID SECTION 10, EASTERLY ALONG SAID SOUTHERLY LINE SOUTH 89°06'16" EAST - 1603.33 FEET TO A POINT THAT INTERSECTS WITH THE EASTERLY LINE OF A 200.00 FOOT WIDE SAN DIEGO GAS AND ELECTRIC COMPANY EASEMENT RECORDED JUNE 15, 1954 IN BOOK 5269, PAGE 480 OF OFFICIAL RECORDS AND AS SHOWN ON RECORD OF SURVEY 13380, SAID POINT ALSO BEING AN ANGLE POINT ON THAT LAND DESCRIBED IN SAID DEED TO OLIVENHAIN MUNICIPAL WATER DISTRICT; THENCE LEAVING SAID SOUTHERLY LINE, SOUTHEASTERLY ALONG SAID EASTERLY LINE OF SAID 200.00 FOOT WIDE SAN DIEGO GAS AND ELECTRIC COMPANY EASEMENT AND WESTERLY LINE OF THAT LAND DESCRIBED IN SAID DEED TO OLIVENHAIN MUNICIPAL WATER DISTRICT, SOUTH 30024'45n EAST 1267.95 FEET TO THE SOUTHERLY LINE OF SAID NORTH HALF OF THE NORTHWEST QUARTER OF SAID SECTION 10; THENCE LEAVING SAID EASTERLY LINE, WESTERLY ALONG SAID SOUTHERLY LINE, NORTH 89000'04n WEST 2255.81 FEET TO THE SOUTHWEST CORNER OF SAID NORTH HALF OF THE NORTHWEST QUARTER OF SAID SECTION 10; THENCE NORTHERLY ALONG SAID WESTERLY LINE OF SAID SECTION 10, NORTH 0°33'22n EAST 1079.28 FEET TO THE TRUE POINT OF BEGINNING..'""' RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: r iRonald W. Rouse, Esq. Luce, Forward, Hamilton & Scripps, LLP 11988 El Camino Real, Suite 200 San Diego, CA 92130 L J MAIL TAX STATEMENTS TO: [Not Applicable] SPACE ABOVE THIS LINE FOR RECORDERS USE Documentary transfer tax is $ -0- APN [X] Computed on full value of property conveyed, or [ ] Computed on full value less value of liens and encumbrances remaining at time of sale or transfer. [X] Unincorporated area County of San Diego. IRREVOCABLE OFFER TO CONVEY REAL PROPERTY (Villages of La Costa Offsite) Re: Implementation Agreement Regarding The City of Carlsbad/Fieldstone/La Costa Associates Habitat Conservation Plan/On-Going Multi-Species Plan REAL ESTATE COLLATERAL MANAGEMENT COMPANY, a Delaware corporation, (hereinafter designated "Grantor"), represents that they are the owners of the hereinafter described real property and successors in interest as owner to Fieldstone/La Costa Associates Limited Partnership, and in consideration of the rights, duties and obligations of the parties to that certain "Implementation Agreement Regarding the City of Carlsbad/Fieldstone/La Costa Associates Habitat Conservation Plan/On-Going Multi-Species Plan dated June 7,1995" (hereafter the "Implementation Agreement"), hereby makes an IRREVOCABLE OFFER OF CONVEYANCE to the CENTER FOR NATURAL LANDS MANAGEMENT, a California non-profit corporation, (hereinafter collectively designated "Grantee"), its successors and assigns, of fee title to the Conserved Habitat, as that term is used in the Implementation Agreement, of the hereinafter described real property for the following purpose: Irrevocable Offer of Conveyance - Offsite 27817-7/1815142.2 1/9/03 TO BE HELD AND USED IN PERPETUITY FOR WILDLIFE CONSERVATION PURPOSES. The real property referred to above is situated in the County of San Diego, State of California consisting of more particularly described in Exhibits "A" and "B", attached hereto and made a part hereof (hereafter the "Conserved Habitat") together with all flora and fauna now growing or located on, or to be grown or located on, the Conserved Habitat. This Irrevocable Offer, and any subsequent deed or conveyance in furtherance thereof, shall also (i) be subject to Grantor's " Conservation Easement Deed" in favor of the California Department of Fish and Game (hereafter "CDFG") an agency of the State of California, as provided in Sections V.A.2 and VLB. of the Implementation Agreement and any subsequent Conservation Easement Deed in furtherance thereof and (ii) satisfy the conditions set forth in Sections V.A.2 and VLB. of the Implementation Agreement, as applicable. RESERVING and EXCEPTING from this Irrevocable Offer and from any subsequent deed or conveyance in furtherance thereof, to the Grantor, or its successors and assigns, agents or contractors and public agencies, the right of access and easements for the purpose of planning, constructing, grading, operating, maintaining, replacing or reconstructing public or private sewer, water, utility, basins, drainage and all other public and private facilities over, under or across the Conserved Habitat necessary or required for the efficient and orderly development of Grantor's "Proj ect and Plan Activities" activities described in Section IV.G. of the Implementation Agreement and further expressly reserving to Grantor the right to convey additional Conservation Easement Deeds to CDFG pursuant to the Implementation Agreement. Provided however, any habitat disturbed in connection with those activities is reasonably restored in accordance with Section IV.G. of the Implementation Agreement. FURTHER RESERVING and EXCEPTING from this Irrevocable Offer and from any subsequent deed or conveyance in furtherance thereof, the reversion of fee title to Grantor on the occurrence of the condition subsequent that the Conserved Habitat is used for any purpose other than wildlife conservation as provided in Section V.A.I, of the Implementation Agreement or in the event the Implementation Agreement and associated HCP/OMSP is judicially invalidated. This Irrevocable Offer shall be irrevocable and shall be binding on the Grantor, its heirs, executors, administrators, successors and assigns in accordance with its rights, duties and obligations set forth in the Implementation Agreement. IN WITNESS WHEREOF, the Grantor has caused this Irrevocable Offer of Dedication to be executed s/+*^.g/-/ "f 2003.-f REAL ESTATE COLLATERAL MANAGEMENT COMPANY, a Delaware corporation Name: David A. Watts Title: Vice President Irrevocable Offer of Conveyance - Offsite 27817-7/1815142.2 2 1/9/03 STATE OF IN-«o/r COUNTY OF ss: On 2003, before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. OFFICIAL SEAL DIANA C MORENO NOTARY PUBUC, STATi OF ILLINOIS < MY COMMISSION 6XP!Hf 8fTQRM/OS' Notary Public EXHIBIT "A" LEGAL DESCRIPTION PARCEL A-1: APN: 223-070-04 THAT PORTION OF THE EAST HALF OF SECTION 32, TOWNSHIP 12 SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, DESCRIBES AS FOLLOWS: COMMENCING AT A POINT ON THE NORTH LINE OF SAID SECTION 32, DISTANT THEREON SOUTH 89°54'20" WEST 30.00 FEET FORM THE NORTHEAST CORNER OF SAID SECTION 32; THENCE PARALLEL WITH EAST LINE OF SAID SECTION 32, SOUTH 00°01'00" WEST 780.83 FEET TO THE BEGINNING OF A TANGENT 300.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH AN ANGLE OF 72°26'00" A DISTANCE OF 379.26 FEET; THENCE TANGENT TO SAID CURVE, SOUTH 72°27'00" WEST 271.19 FEET TO THE BEGINNING OF A TANGENT 500.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH AN ANGLE OF 19°33'40" A DISTANCE OF 170.70 FEET; THENCE TANGENT TO SAID CURVE, SOUTH 52°53'20" WEST 526.16 FEET TO THE BEGINNING OF A TANGENT 100.00 FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE SOUTHERLY ALONG SAID CURVE THROUGH AN ANGLE OF 47°30'17" A DISTANCE OF 83.17 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID CURVE THROUGH AN ANGLE OF 58°02'03" A DISTANCE OF 101.29 FEET; THENCE ALONG A RADIAL LINE TO SAID CURVE, SOUTH 37° 12'00" WEST 30.00 FEET; THENCE SOUTH 05°54>40" WEST 1216.96 FEET TO THE CENTER LINE OF A 60.00 FOOT EASEMENT FOR ROAD AND UTILITIES HEREINAFTER DESCRIBED AS PARCEL 2; THENCE ALONG SAID CENTER LINE, NORTH 73°42)30" WEST 704.00 FEET TO THE BEGINNING OF A TANGENT 500.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE LEAVING SAID CENTER LINE, NORTH 16°17'30" EAST 1214.70 FEET TO A LINE WHICH BEARS NORTH 84°45'57B WEST FROM THE TRUE POINT OF BEGINNING THENCE SOUTH 84°45'57" EAST 441.16 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING FROM THE ABOVE DESCRIBED PROPERTY THE COAL AND OTHER MINERALS TOGETHER WITH THE RIGHT TO PROSPECT FOR, MINE AND REMOVE THE SAME PURSUANT TO THE PROVISIONS AND LIMITATION OF THE ACT OF DECEMBER 29, 1916 (S9 STAT. 662) AS EXCEPTED AND RESERVED IN THE U.S. PATENT FOR SAID LAND ISSUED TO JOSEPH L. RYAN, JUNE 22, 1928, AND RECORDED IN BOOK 15, PAGE 59 OF PATENTS, SAID PATENT RECITES "THE ENTRY IS MADE UNDER SECTION 29 OF THE ACT OF FEBRUARY 25, 1920 (41 STAT. 437) AND THE PATENT IS ISSUED SUBJECT TO THE RIGHTS OF PRIOR PERMITTEES OR LESSEES TO USE SO MUCH OF THE SURFACE OF SAID LANDS AS IS REQUIRED FOR MINING OPERATIONS WITHOUT COMPENSATION TO THE PATENTS FOR DAMAGES RESULTING FROM PROPER MINING OPERATIONS. EXHIBIT "A" LEGAL DESCRIPTION PARCEL A: PORTION OF APN: 264-111-08 THAT PORTION OF THE NORTH HALF OF THE NORTHWEST QUARTER OF SECTION 10, IN TOWNSHIP 13 SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, AS DESCRIBED IN PARCEL A OF CERTIFICATE OF COMPLIANCE RECORDED JANUARY 31, 1996 AS FILE NO., 1996-0047480 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SECTION 10, TOWNSHIP 13 SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID SECTION 10, SOUTH 0°33'22" WEST 200.00 FEET TO A POINT THAT IS THE WESTERLY TERMINUS OF A LINE THAT IS PARALLEL TO AND 200 FEET SOUTHERLY OF THE NORTHERLY LINE OF SAID SECTION 10, SAID POINT ALSO BEING ON THE SOUTHERLY LINE OF THAT LAND DESCRIBED IN DEEDS TO THE OLIVENHAIN MUNICIPAL WATER DISTRICT RECORDED NOVEMBER 13, 1995 AS FILE NO.'S 1995- 0513777 AND 1995-0513778, BOTH OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID WESTERLY LINE OF SAID SECTION 10, EASTERLY ALONG SAID SOUTHERLY LINE SOUTH 89°06'16" EAST 1603.33 FEET TO A POINT THAT INTERSECTS WITH THE EASTERLY LINE OF A 200.00 FOOT WIDE SAN DIEGO GAS & ELECTRIC EASEMENT RECORDED JUNE 15,1954 IN BOOK 5269, PAGE 480 OF OFFICIAL RECORDS AND AS SHOWN ON RECORD OF SURVEY 13380, SAID POINT ALSO BEING AN ANGLE POINT ON THAT LAND DESCRIBED IN SAID DEED TO OLIVENHAIN MUNICIPAL WATER DISTRICT; THENCE LEAVING SAID SOUTHERLY LINE, SOUTHEASTERLY ALONG SAID EASTERLY LINE OF SAID 200.00 FOOT WIDE SAN DIEGO GAS & ELECTRIC EASEMENT AND WESTERLY LINE OF THAT LAND DESCRIBED IN SAID DEED TO OLIVENHAIN MUNICIPAL WATER DISTRICT, SOUTH 30°24'45" EAST 1267.95 FEET TO THE SOUTHERLY LINE OF SAID NORTH HALF OF THE NORTHWEST QUARTER OF SAID SECTION 10, THENCE LEAVING SAID EASTERLY LINE, WESTERLY ALONG SAID SOUTHERLY LINE, NORTH 89°00'04" WEST 2255.81 FEET TO THE SOUTHWEST CORNER OF SAID NORTH HALF OF THE NORTHWEST QUARTER OF SAID SECTION 10, NORTH 0°33'22" EAST 1079.28 FEET TO THE TRUE POINT OF BEGINNING. mtuarV DESCRIP1ION THAT PORTION OF THE EAST HALF OF SECTION 32, TOWNSHIP 12 SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE NORTH LINE OF SAID SECTION 32, DISTANT THEREON SOUTH 89«54'20" WEST 30.00 FEET FROM THE NORTHEAST CORNER OF SAID SECTION 32; THENCE PARALLEL WITH EAST LINE OF SAID SECTION 32, SOUTH 00°01'00" WEST 780.83 FEET TO THE BEGINNING OF A TANGENT 300.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH AN ANGLE OF 72°26'00" A DISTANCE OF 379.26 FEET; THENCE TANGENT TO SAID CURVE, SOUTH 72°27'00» WEST 271.19 FEET TO THE BEGINNING OF A TANGENT 500.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH AN ANGLE OF 19<>33'40" A DISTANCE OF 170.70 FEET; THENCE TANGENT TO SAID CURVE, SOUTH 52°53'20" WEST 526.16 FEET TO THE BEGINNING OF A TANGENT 100.00 FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE SOUTHERLY ALONG SAID CURVE THROUGH AN ANGLE OF 47°30'17" A DISTANCE OF 83.17 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID CURVE THROUGH AN ANGLE OF 58°02'03" A DISTANCE OF 101.29 FEET; THENCE ALONG A RADIAL LINE TO SAID CURVE, SOUTH 37°12'00" WEST 30.00 FEET; THENCE SOUTH 05°54'40" WEST 1216.96 FEET TO THE CENTER LINE OF A 60.00 FOOT EASEMENT FOR ROAD AND UTILITIES HEREINAFTER DESCRIBED AS PARCEL 2; THENCE ALONG SAID CENTER LINE, NORTH 73°42'30" WEST 704.00 FEET TO THE BEGINNING OF A TANGENT 500.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE LEAVING SAID CENTER LINE, NORTH 16°17'30" EAST 1214.70 FEET TO A LINE WHICH BEARS NORTH 84°45'57» WEST FROM THE TRUE POINT OF BEGINNING THENCE SOUTH 84<>45'57" EAST 441.16 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING FROM THE ABOVE DESCRIBED PROPERTY THE COAL AND OTHER MINERALS TOGETHER WITH THE RIGHT TO PROSPECT FOR, MINE, AND REMOVE THE SAME PURSUANT TO THE PROVISIONS AND LIMITATION OF THE ACT OF DECEMBER 29, 1916 (39 STAT. 662) AS EXCEPTED AND RESERVED IN THE U.S. PATENT FOR SAID LAND ISSUED TO JOSEPH L. RYAN, JUNE 22, 1928, AND RECORDED IN BOOK 15, PAGE 59 OF PATENTS, SAID PATENT RECITES "THE ENTRY IS MADE UNDER SECTION 29 OF THE ACT OF FEBRUARY 25, 1920 (41 STAT. 437) AND THE PATENT IS ISSUED SUBJECT TO THE RIGHTS OF PRIOR PERMITTEES OR LESSEES TO USE SO MUCH OF THE SURFACE OF SAID LANDS AS IS REQUIRED FOR MINING OPERATIONS WITHOUT COMPENSATION TO THE PATENTS FOR DAMAGES RESULTING FROM PROPER MINING OPERATIONS. EXHIBIT "E," LEGAL DESCRIPTION PARCEL B: PORTION OF APN: 264-111-08 THAT PORTION OF THE NORTH HALF OF THE NORTHWEST QUARTER OF SECTION 10, IN TOWNSHIP 13 SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, AS DESCRIBED IN PARCEL A OF CERTIFICATE OF COMPLIANCE RECORDED JANUARY 31, 1996 AS FILE NO., 1996-0047480 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 10, TOWNSHIP 13 SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID SECTION 10, SOUTH 0°33'22" WEST, 200.00 FEET TO A POINT THAT IS THE WESTERLY TERMINUS OF A LINE THAT IS PARALLEL TO AND 200 FEET SOUTHERLY OF THE NORTHERLY LINE OF SAID SECTION 10, SAID POINT ALSO BEING ON THE SOUTHERLY LINE OF THAT LAND DESCRIBED IN DEEDS TO THE OLIVENHAIN MUNICIPAL WATER DISTRICT RECORDED NOVEMBER 13, 1995 AS FILE NO.'S 1995-0513777 AND 1995-0513778, BOTH OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO; THENCE LEAVING SAID WESTERLY LINE OF SAID SECTION 10, EASTERLY ALONG SAID SOUTHERLY LINE SOUTH 89°06'31" EAST, 1069.11 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTHERLY LINE, SOUTH 89°06'3r EAST, 534.22 FEET TO A POINT THAT INTERSECTS WITH THE EASTERLY LINE OF A 200.00 FOOT WIDE SAN DIEGO GAS & ELECTRIC EASEMENT RECORDED JUNE 15, 1954 IN BOOK 5269, PAGE 480 OF OFFICIAL RECORDS AND AS SHOWN ON RECORD OF SURVEY NO. 15225, SAID POINT ALSO BEING AN ANGLE POINT ON THAT LAND DESCRIBED IN SAID DEED TO OLIVENHAIN MUNICIPAL WATER DISTRICT; THENCE LEAVING SAID SOUTHERLY LINE, SOUTHEASTERLY ALONG SAID EASTERLY LINE OF SAID 200.00 FOOT WIDE SAN DIEGO GAS & ELECTRIC EASEMENT AND WESTERLY LINE OF THAT LAND DESCRIBED IN SAID DEED TO OLIVENHAIN MUNICIPAL WATER DISTRICT, SOUTH 30°25W EAST, 1267.95 FEET TO THE SOUTHERLY LINE OF SAID NORTH HALF OF THE NORTHWEST QUARTER OF SAID SECTION 10, THENCE LEAVING SAID EASTERLY LINE, WESTERLY ALONG SAID SOUTHERLY LINE, NORTH 89°00'19" WEST, 1186.70 FEET; THENCE LEAVING SAID SOUTHERLY LINE, NORTH 00°33'07" EAST, 1081.20 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 21.37 ACRES, MORE OR LESS.