HomeMy WebLinkAboutPIP 04-06; Northpointe Tech Center Lot 5; Planned Industrial Permit (PIP)1 CITY OF CARLSBAD - ENGINEERING DEPARTMENT 1
APPLICATION
ENGINEERING PLAN CHECK
1 Complete ail appropriate information. Write N/A when not applicable, j
PROJECT NAME: North Pointe Tech Center Lot 5 DATE: Julv 28. 2004
PROJECT DESCRIPTION: Precise grading & improvement plans
PROJECT ADDRESS: RI ramino Real. Carlsbad
LOTNOfS).: s MAP NO.: nvifi APN(S).: 21.3-100-05
NUMBER OF LOTS: i NUMBER OF ACRES:
OWNER: Andrew Cohn-Levine Investments APPLICANT: same as owner
Mailing Address: 1702 E. HlRhland Ave. #310 Mailing Address:
Phoenix. AZ 85016
Phone Number: ((,07) P.A8-8181 Phone Number:
Fax Number: <'602^ 248-0884 Fax Number:
E-Mail: anHrewSI evi nclnveatmeTits. r.oin E-Mail:
I certay that I am the tegal owner and that aN the above
infornnation is tnie ani^SmSii to the best of my knowledge.
Signature: Date: '^-py^ Signature: Date:
aVlL ENGINEER: Me^ Carroll SOILS ENGINEER: Charles Christian
FIRM: O'Dav Consultants, Inc. FIRM: Christian Wheeler EnKineering
Mailing Address: 77 in Loiter Ave. WeRt.Ste.lOO Mailing Address: 49?s Memrv .street
Carlsbad. CA 92008 San Diego. CA 92111
Phone Number: (760) 931-7700 Phone Number: (R-SR^ 49f^-9760
Fax Number: (760) 931-8680 Fax Number: (858) 496-9758
E-Mail: mpgrOodavconsultants.com
State Registration Number: 469')S
E-Mail: inf oSchristianwheeler. com
State Registration Number: GE2 15
ADDmONAL COMMENTS:
IMPROVEMENT VALUATION
1. What water district is the proposed project located in? (check one)
[XJcarlsbad Municipal Water District Qoiwenhain Qvalledtos
2. If in the Carlsbad l^iunidpal Water District, what is the total cost estimate, including the 15%
contingency fee, for water and reclaimed water improvements, sewer (for Carlsbad Municipal
Water District only), street, public (median) landscape and irrigation, and drainage improvements
(if applicable)? $ ^2>£y^6
GRADING QUANTITIES
cut 3500^ fll|5/£>o^ remedial^5600cv imoort ''^^^cv export O cy
SEE REVERSE SIDE
pip O4-DV
PBSf
An employee-owned company
PROJECT REVIEW COMPLETION
The following project has been reviewed and are recommended for approval:
Project Name: Viasat Lot Line Adjustment
Project No.: ADJ 04-07
Document No.: ADJ 04-07, Exhibits A, B
DECLARATION OF RESPONSIBLE CHARGE
I hereby declare that I have exercised responsible charge over the review of these
documents as defined in Section 8703 of the Business and Professions Code and
determine that these documents are found to be in substantial compliance with applicable
codes and standards.
Review of these documents does not relieve the Land Surveyor or Engineer of Work of
the responsibilities with state and local ordinances.
Signed
Charles A. Griffin, Jr.,
Expiration Date: 3/31/0
Date
PROJECT REVIEW COMPLETION.doc
175 Calle Magdalena • Encinitas, California 92024 • Telephone: 760.753.1120 • Fax: 760.753,0730 • www.pbsj.com
0^0 /\\X^l^
An employee-owned company
1
PROJECT REVIEW COMPLETION
The following project has been reviewed and are recommended for approval:
Project Name: North Pointe Tech Center, Lot 5
Project No.: PIP 04-06 ^
Document No.: Grading Plan, Dwg. 423-9A
Sheets No.: _l Through: 15
DECLARATION OF RESPONSIBLE CHARGE
I hereby declare that I have exercised responsible charge over the review of this project
as defined in Section 6703 of the Business and Professions Code and have found the
project to be in substantial compliance with applicable codes and standards.
Review of this project does not relieve the Land Surveyor or Engineer of Work of the
responsibilities with state and local ordinances.
Signed (lyl^—f-\^
(I. ^.UL ^ Date \ I IV/OS^
Charles R. St John, RCE €57649
Expiration Date 12/31/05
PROJECT REVIEW COMPLETION.doc
175 Calle Magdalena • Encinitas, California 92024 • Telephone: 760.753.1120 • Fax: 760.753.0730 • www.pbsj.com
An employee-owned company
PROJECT REVIEW COMPLETION
The following project has been reviewed and are recommended for approval:
Project Name:
Project No.:
Document No.
Sheets No.:
North Pointe Tech Center, Lot 5
PIP 04-06
Improvement Plan, Dwg. 423-9
1 Through: 6
DECLARATION OF RESPONSIBLE CHARGE
I hereby declare that I have exercised responsible charge over the review of this project
as defined in Section 6703 of the Business and Professions Code and have found the
project to be in substantial compliance with applicable codes and standards.
Review of this project does not relieve the Land Surveyor or Engineer of Work of the
responsibilities with state and local ordinances.
Signed
Charles R. St. John, RCE C57649
Expiration Date 12/31/05
Date i /\o/ OS
PROJECT REVIEW COMPLETION.doc
175 Calle Magdalena • Encinitas, California 92024 • Telephone: 760.753.1120 • Fax: 760.753.0730 • www.pbsj.com
An employee-owned company
PROJECT REVIEW COMPLETION
>>1
The following project has been reviewed and are recommended for approval:
Project Name: North Pointe Tech Center Lot 5, General Utility & Access Easement
Project No.: PIP 04-06
Document No.: PR 04-89, Exhibits A, B
DECLARATION OF RESPONSIBLE CHARGE
I hereby declare that I have exercised responsible charge over the review of these
documents as defined in Section 8703 of the Business and Professions Code and
determine that these documents are found to be in substantial compliance with applicable
codes and standards.
Review of these documents does not relieve the Land Surveyor or Engineer of Work of
the responsibilities with state and local ordinances.
Signed
JohWM. Powell, RCE 28179
EjWration Date: 3/31/06
Date
PROJECT REVIEW COMPLETION.doc
175 Calle Magdalena • Encinitas, California 92024 • Telephone: 760.753.1120 • Fax: 760.753.0730 • www.pbsj.com
RECORDING REQUESTED BY W
Northpointe Owners Association THE ORIGINAL OF THIS DOCUMENT
WAS RECORDED ON JUN 28, 2007
DOCUMENT NUMBER 2007-0435713
GREGORY J. SMITH, COUNTY RECORDER
SAN DIEGO COUNTY RECORDER'S OFFICE
TIME: 2:33 PM
WHEN RECORDED MAIL TO
NAME EPSTEN GRINNELL & HOWELL, APC
MAILING 998 0 Carroll Canyon Rd.
ADDRESS
CITY,STATE San Diego, CA 92131
ZIP CODE
SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE
T I T L E(S)
THIRD AMENDMENT TO DECLARATION OF EASEMENTS AND DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS OF NORTHPOINTE OWNERS ASSOCIATION
Somms- LS.201 ^
MC 0 7 2007
Recording Requested By:
Northpointe Owners Association
Wtien Recorded, Return To;
Debora IVI. Zumwalt, Esq.
EPSTEN GRINNELL & HOWELL, APC
9980 Carroll Canyon Road, Second Floor
San Diego, CA 92131
For Recorder's Use
THIRD AMENDMENT TO
DECLARATION OF
EASEMENTS AND DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS OF NORTHPOINTE OWNERS ASSOCIATION
THIS AMENDMENT is made on this day of 2005, by
Northpointe Owners Association, and its membership, hereinafter referred to as
"Association," with reference to the following:
RECITALS
A. The Association is vested with the responsibility for the management and
control of that certain real property in the City of Carlsbad, County of San Diego, State
of California, more particularly described in Exhibit "A," attached hereto, hereinafter
referred to as "Property."
B.
Property.
The Association membership is made up ofthe individual Owners ofthe
C. The Property is subject to the covenants, conditions and restrictions
contained in the Declaration of Easements and Declaration of Covenants, Conditions
and Restrictions recorded June 22, 2000, as Document No. 2000-0329407, the
Amendment of Declaration of Easements and Declaration of Covenants, Conditions and
Restrictions recorded February 23, 2001, as Document No. 2001-03533, and the
Second Amendment of Declaration of Easements and Declaration of Covenants,
Conditions and Restrictions recorded May 1, 2002 as Document No. 2002-0370416, all
of Official Records of the County Recorder of San Diego County, hereinafter referred to
together as "DeclarationP
D. Originally, the Property was comprised of 12 Lots as shown on that certain
final map entitled "Carlsbad Tract No. 98-07, Lincoln Northpointe," filed in the Office of
the County Recorder of San Diego County, State of California on December 31,1998,
as File No. 1998-865598 ("Map").
Page 1 of 12
E. Lot Splits. Lots 9 through 12 were split to create 8 lots instead of the
original 4 lots as shown on that certain final Map entitled "Carlsbad Tract No. 01-08"
filed in the Office of the County Recorder of San Diego County, State of California on
April 26, 2002, as File No. 2002-0355625 ("Map"). The Property is now comprised of 16
Lots. Lot 9 was split into Lots 19 and 20. Lot 10 was split into Lots 17 and 18. Lot 11
was split into Lots 15 and 16. Lot 12 was split into Lots 13 and 14. The Lots created by
the lot splits are more particularly described in Exhibit "A" attached hereto and are
depicted in the map labeled Exhibit "B" attached hereto. The definition of "Lot" in the
Declaration shall include all 16 Lots and any references to the Lots shall refer to the
Lots as split.
F. Boundary Adjustments. The boundaries of Lots 2, 3 and 5 have been
adjusted to allow for construction of a 60,000 square foot building and appurtenant
improvements, as shown in City of Carlsbad Planned Industrial Permit (PIP) 04-06.
Lots 2, 3 and 5 are shown on that certain plat and document for Boundary Adjustment,
City of Carlsbad Adj. No. 04-07, filed in the office of the County Recorder of San Diego
County, State of California, on June 20, 2005 as File No. 2005-0513419, 2005-0513420
,2005-0513421 (the "Plat"). Lot 2 is referred to as Parcel A in said Plat. Lot 3 is
referred to as Parcel B in said Plat. Lot 5 is referred to as Parcel C in said Plat
G. The 16 lots are hereinafter referred to as "Lot 1", "Lot 2", "Lot 3", "Lot 4,"
"Lot 5", "Lot 6", "Lot 7", "Lot 8", "Lot 13", "Lot 14", "Lot 15", "Lot 16", "Lot 17", "Lot 18",
"Lot 19", and "Lot 20" as shown on the Maps and Plat, and are hereinafter sometimes
collectively referred to as the "Lots" and individually as a "Lot". Lot, 1, Lot 2, Lot 3, Lot
4, Lot 5, Lot 6, Lot 7, and Lot 8 are hereinafter sometimes collectively referred to as the
"Upper Lots", and Lot 13, Lot 14, Lot 15,"Lot 16", "Lot 17", "Lot 18", "Lot 19", and "Lot
20" are hereinafter sometimes collectively referred to as the "Lower Lots".
H. The Owners desire to amend the Declaration as follows:
1. To make necessary changes throughout the Declaration to reflect the Lot Splits
and
Boundary Adjustments and assign Lot numbers to each Lot;
2. To specifically grant full voting rights to all 16 Lots, and to allocate voting rights to
each Lot based upon the relative net acreage of each Lot;
3. To revise the ADTs assigned to each Lot;
4. To give the Association responsibility for all landscaping within the Property,
repairs
and maintenance ofthe asphalt in the entrances and the main drive aisles ofthe
Property, all parking lot light pole repairs and maintenance and all storm drains.
5. To allocate easement expenses to each Lot based upon the relative size of each
Lot.
Page 2 of 12
I. The Declaration, in Article 24, Section 24.2, provides that it may be
amended by the affirmative vote or written consent of owners of 75% of the Property,
based on the net acreage and percentage of Property assigned to the Lot in Section
24.2 of the Declaration. The President and Secretary ofthe Association certify that to
the best of their knowledge, the affirmative vote or written consent of the required
percentage of Association members has been obtained.
J. The Association and its Board of Directors now wish to amend the
Declaration as set forth herein.
DECLARATION
NOW THEREFORE, the Declaration is hereby amended as follows:
1. Recitals, Paragraph F is hereby deleted in its entirety and replaced with the
following:
F. ViaSat, Inc., pursuant to that certain Lease Agreement dated March 24, 1998,
between Declarant, as Landlord, and ViaSat, Inc., as Tenant (the "ViaSat Lease"),
leases buildings on Lot 1, Lot 2, Lot 3, and Lot 5 (the "ViaSat Leased Lots"). Pursuant
to the ViaSat Lease, ViaSat, Inc. has certain exclusive parking and access rights ,which
will take precedence over certain of the access rights provided to other Users
hereunder.
2. Exhibits A-1, A-2, B-1, B-2, C-1, C-2, D-2, E-2, G-1, H-1, J-1, K-1, L-1, T-1 and T-
2
are hereby deleted in their entirety and replaced with the attached Exhibits A-1, A-2, B-
1, B-2, C-1, C-2, D-2, E-2, G-1, H-1, J-1, K-1, L-1, T-1 and T-2.
3. Exhibits F-1, F-2, 0-1, 0-2, T-1 and T-2 are hereby amended by the attached
Exhibit F-1 (Addendum #1), Exhibit F-1 (Addendum #2), Exhibit F-2 (Addendum #1),
Exhibit F-2 (Addendum #2), Exhibit 0-1 (Addendum #1), Exhibit 0-1 (Addendum #2),
Exhibit 0-2 (Addendum #1), Exhibit 0-2 (Addendum #2), Exhibit T-1 (Addendum #1),
Exhibit T-1 (Addendum #2), , Exhibit T-2 (Addendum #1), and Exhibit T-2 (Addendum
#2).
4. Section 1.14 is hereby deleted in its entirety and replaced with the following:
1.14 Lot. The term "Lot" shall mean a contiguous area of land within the
Property
shown as one lot or parcel on the Maps or Plat.
5. Section 2.5 is hereby added as follows:
2.5 Grant of Reciprocal Access/Utility Easement E. Levine Investments
Limited Partnership, a Arizona limited partnership, hereby grants for the
benefit of all Lots, on a non-exclusive basis, an easement for purposes of
pedestrian and vehicular ingress, egress and a right-of-way and for the
Page 3 of 12
purpose of installation, replacement, maintenance, inspection, use,
removal and repair from time to time of any utility lines including, without
limitation, all necessary and proper valves, fittings, pumps, measuring and
protective devices, and other apparatus and equipment, on, over, under,
across and through that portion ofthe Property more particularly described
in Exhibit F-1 and depicted in the plat labeled Exhibit F-2 hereto as
Reciprocal Access/Utility Easement E ("Access Easement E"). Access
Easement E is appurtenant to all Lots and may be used by each and
every Owner and User ofthe Lots, except as otherwise expressly provided
herein.
6. Existing Section 2.5 is hereby deleted in its entirety and replaced with the
following:
2.6 Maintenance of Access Easements. Access Easement A, Access
Easement
B, Access Easement C, Access Easement D and Access Easement E (hereinafter
sometimes collectively referred to as the "Access Easements", and individually as an
"Access Easement") shall be maintained by the Association, including without limitation
maintaining the surface paving of any portions of the Access Easements to be used for
vehicular access in a smooth and evenly covered condition with the type of surfacing
materials originally installed, or such substitute materials as shall, in all respects, be
equal in quality, use and durability, and maintaining street lighting in good working
condition.
7. Existing Section 2.6 is hereby renumbered Section 2.7. Existing Section 2.7 is
hereby renumbered Section 2.8.
8. Section 5.6 is hereby added as follows:
5.6 Grant of Underground Storm Drainaae Easement F. Levine Investments
Limited Partnership, a Arizona limited partnership, hereby grants for the benefit of Lots
1-5 an easement for installation and maintenance of an underground storm drain,
including but not limited to all necessary gratings, pipes, catch basins and other
components, on, over, under, across and through that portion ofthe Property more
particularly described in Exhibit 0-1 and depicted in the plat labeled Exhibit 0-2 hereto
as Underground Storm Drainage Easement F ('Underground Storm Drainage Easement
F"). Underground Storm Drainage Easement F is appurtenant to Lots 1-5 and may be
used by each and every Owner and User of such Lots, except as otherwise expressly
provided herein.
9. Existing Section 5.6 is hereby deleted in its entirety and replaced with the
following:
5.7 Maintenance of Underground Storm Drainage Easements. Underground
Storm Drainage Easement A, Underground Storm Drainage Easement B, Underground
Storm Drainage Easement C, Underground Storm Drainage Easement D, Underground
Storm Drainage Easement E, and Underground Storm Drainage Easement F
Page 4 of 12
(hereinafter sometimes collectively referred to as the "Underground Storm Drainage
Easements", and individually as an "Underground Storm Drainage Easement") shall be
maintained by the Association in good, unobstructed working condition at all times and
in conformity with the requirements of all applicable federal, state, local and other public
laws, regulations, codes and ordinances, with the type of materials originally Installed,
or such substitute materials as shall, in all respects, be equal in quality, use and
durability.
10. Existing Section 5.7 is hereby renumbered Section 5.8.
11. Section 6.6 is hereby added as follows:
6.6 Grant of Surface Drainage Easement F. Levine Investments Limited
Partnership, a Arizona limited partnership, hereby grants for the benefit of Lot 1, Lot 2,
Lot 3, Lot 4, Lot 5, Lot 6, and Lot 7, on a non-exclusive basis, an easement for surface
drainage, including but not limited to the right to allow water to drain over and across
that portion of the Property more particularly described in Exhibit T-1 and depicted in the
plat labeled Exhibit T-2 hereto as Surface Drainage Easement F ("Surface Drainage
Easement F"). Surface Drainage Easement F is appurtenant to each of Lot 1, Lot 2, Lot
3, Lot 4, Lot 5, Lot 6, and Lot 7, and may be used by each and every Owner and User of
such Lots, except as otherwise expressly provided herein.
12. Section 6.7 is hereby added as follows:
6.7 Grant of Surface Drainage Easement G. Levine Investments Limited
Partnership, a Arizona limited partnership, hereby grants for the benefit of Lot 1, Lot 2,
Lot 3, Lot 4, Lot 5, Lot 6, and Lot 7 on a non-exclusive basis, an easement for surface
drainage, including but not limited to the right to allow water to drain over and across
that portion ofthe Property more particularly described in Exhibit T-1 and depicted in the
plat labeled Exhibit T-2 hereto as Surface Drainage Easement G ("Surface Drainage
Easement G"). Surface Drainage Easement G is appurtenant to Lot 1, Lot 2, Lot 3, Lot
4, Lot 5, Lot 6, and Lot 7, and may be used by each and every Owner and User of such
Lots, except as othen/vise expressly provided herein.
13. Section 6.8 is hereby added as follows:
6.8 Grant of Surface Drainage Easement H. Levine Investments Limited
Partnership, a Arizona limited partnership, hereby grants for the benefit of Lot 1, Lot 2,
Lot 3, Lot 4, Lot 5, Lot 6, and Lot 7, on a non-exclusive basis, an easement for surface
drainage, including but not limited to the right to allow water to drain over and across
that portion ofthe Property more particularly described in Exhibit T-1 and depicted in the
plat labeled Exhibit T-2 hereto as Surface Drainage Easement H ("Surface Drainage
Easement H"). Surface Drainage Easement H is appurtenant to Lot 1, Lot 2, Lot 3, Lot
4, Lot 5, Lot 6, and Lot 7, and may be used by each and every Owner and User of such
Lots, except as otherwise expressly provided herein.
14. Section 6.6 is hereby deleted in its entirety and replaced with the following:
Page 5 of 12
6.9 Maintenance of Surface Drainage Easements. Surface Drainage
Easement
A, Surface Drainage Easement B, Surface Drainage Easement C, Surface Drainage
Easement D, Surface Drainage Easement Surface Drainage Easement F, Surface
Drainage Easement G, and Surface Drainage Easement H (hereinafter sometimes
collectively referred to as the "Surface Drainage Easements", and individually as a
"Surface Drainage Easement") shall be maintained in good, unobstructed working
condition at all times and in conformity with the requirements of all applicable federal,
state, local and other public laws, regulations, codes and ordinances, with the type of
materials originally installed, or such substitute materials as shall, in all respects, be
equal in quality, use, and durability. Responsibility for maintenance of Surface Drainage
Easements shall be borne by the Association.
15. Existing Section 6.7 is hereby renumbered Section 6.10.
16. Allocation of Easement Expenses. Sections 2.7, 2.8, 3.8, 3.9, 3.10, 3.11, 3.12,
3.13, 4.4, 4.5, 5.8, 6.10 and 9.3 ofthe Declaration (as amended) are amended to delete
the percentage allocations ofthe Easement Expenses. Section 15.3 ofthe CC&Rs is
hereby amended to allocate the Easement Expenses to be levied against each Lot as
follows:
LOT# PERCENTAGE OF EASEMENT EXPENSES
1 9.29185825%
2 9.54190825%
3 9.75195025%
4 8.16163225%
5 8.64172825%
6 11.28225625%
7 8.21164225%
8 10.00200025%
13 2.21044225%
14 4.03080625%
15 3.75075025%
16 2.75055025%
17 2.75055025%
18 3.80076025%
19 3.52070425%
20 2.30046025%
Page 6 of 12
This allocation of Easement Expenses applies to all Easement Expenses. The
Easement Expenses shall no longer be assigned on the basis of Zone or other
classification of Lots. All Easement Expenses shall be allocated according to the
percentages specified herein.
The Board of Directors shall have the right to allow an Owner to assume the
maintenance and repair responsibilities assigned to the Association in relation to
Owner's Lot, and assume the cost of said maintenance and repair responsibilities in
place of paying the above-referenced Easement Expense associated with Owners' Lot
to the Association. In the event the Board of Directors grants such permission, and the
Owner fails to perform maintenance and repair responsibilities, the Board of Directors
may notify the Owner in writing of the work required and request that the same be
completed within thirty (30) days from the receipt of such notice. In the event the Owner
fails to carry out such maintenance within said time period, the Board of Directors may
revoke said Owner's permission to assume maintenance responsibility, and reinstate
the Owner's allocation of Easement Expenses pursuant to this Section.
17. Voting Rights. Each Lot shall be assigned the same percentage vote as the
percentage ofthe total property each Lot represents, as set forth in Section 24.2, as
amended herein.
18. ADTs.
Allocation of ADTs.
Pursuant to the Amendment of Declaration of Easements and Declaration of
Covenants, Conditions and Restrictions recorded February 23, 2001, as Document No.
2001- 03533, and the Second Amendment of Declaration of Easements and Declaration
of Covenants, Conditions and Restrictions recorded May 1, 2002, as Document No.
2002- 0370416, the following allocation of ADTs was In effect prior to approval of this
Third Amendment to Declaration of Easements and Declaration of Covenants,
Conditions and Restrictions of Northpointe Owners Association:
LOT# APPROVED ADTS
1-566
2-452
3-559
4-524
5-553
6-522
7-486
8-477
9-225
Page 7 of 12
lo-225
ll -224
12-223
The allocation of ADTs shall be amended as follows:
LOT# APPROVED ADTS
1-566
2-452
3-559
4-524
5-553
6-522
7-486
8-477
13-88
14-127
15-128
16-109
17-112
18-130
19-123
20-81
Transfer of ADTs. Owners may transfer ADTs between Lots without the
consent of the Association, provided, however, the transferring Owners must deliver a
written notice of the reallocation to the Association upon approval of the City of
Carlsbad. Following approval by the City of Carlsbad, the transferring Owners must
record a supplement to the Declaration reflecting the reallocation of ADTs and provide a
copy of the recorded supplement to the Association.
19. Maintenance and Repairs. Sections 2.6, 3.7, 4.3, 5.7, 6.9, and 9.2 of the
Declaration (as amended) provide for maintenance of Easements by the Association.
The Association's responsibilities for maintenance as described in Section 14.1 ofthe
Declaration shall be expanded to include all landscaping and irrigation within the
Project, repairs and maintenance ofthe asphalt in the entrances and main drive aisles
of the Project, as depicted in Exhibit "C" attached hereto, all parking lot light pole repairs
Page 8 of 12
» '
and maintenance, including painting, scanning and bulb replacement and all storm drain
maintenance. The Association is hereby granted an easement over the portions of
each Lot necessary to perform the maintenance and repair responsibilities set forth
herein, as the servient tenement. Said easement is for the sole purpose of allowing the
Association's agents to enter the Lot to perform the maintenance and repair
responsibilities set forth herein. The Association's costs and expenses for performing
this maintenance and repair shall be part ofthe Easement Expenses. All irrigation
expenses shall also be part ofthe Easement Expenses.
In the event the Association fails to maintain the areas described herein, any
Owner may notify the Board in writing ofthe work required and request that the same
be completed within thirty (30) days from the receipt of such notice. Said notice shall be
made to the Association's managing agent. In the event the Association fails to carry
out such maintenance within said time period, the Owner may perform said
maintenance, and be reimbursed for the reasonable cost ofthe maintenance, as a
credit to the Easement Expenses associated with its Lot, as set forth in Section 17.
20. Declaration Amendments. Section 24.2 ofthe Declaration shall be amended to
delete the listing of Lots and assignment of net acreage and percentage figures and
replace it with the following:
LOT# NET ACREAGE PERCENTAGE OF PROPERTY
1 4.46 9.29%
2 3.87 9.54%
3 3.82 9.75%
4 3.50 8.16%
5 5.14 8.64%
6 4.76 11.28%
7 4.25 8.21%
8 5.73 10.00%
13 2.44 2.21%
14 1.7 4.03%
15 1.32 3.75%
16 1.93 2.75%
17 2.4 2.75%
18 1.3 3.80%
19 1.37 3.52%
20 2.1 2.30%
Page 9 of 12
21. Except as expressly amended herein, the remaining portions of the Declaration
shall remain in full force and effect.
IN WITNESS WHEREOF, this Amendment is executed on the day and year
hereinabove written by the undersigned Directors.
NORTHPOINTE OWNERS ASSOCIATION
a California nonprofit mutual benefit corporation
By:
Preside
By:
Secretary
(Attach Proper Notary Certificate(s) of Acknowledgment)
STATE OF ARIZONA )
County of Maricopa )
On March 6, 2007 before me, Audrey A. Jones, a Notary Public in and for said state,
personally appeared Andrew Cohn, President ofthe NORTHPOINTE OWNERS
ASSOCIATION, known to me to be the person whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his authorized capacity,
and that by his signature on the instrument, the person, or the entity upon behalf of which
the person acted, executed the instrument.
WITNESS my hand and official seal.
OFFICIAL SEAL AUDREY A. JONES
NOTARY PUBUC - State of Anzona
MARICOPA COUNTY
My Comm. Expires Nov. 13,2007
"Audrey A./Kones
Notary Public
Page 10 of 12
MAR 1 3 2007
21. Except as expressly amended herein, the remaining portions of the Declaration
shall remain in full force and effect.
IN WITNESS WHEREOF, this Amendment is executed on the day and year
hereinabove written by the undersigned Directors.
NORTHPOINTE OWNERS ASSOCIATION
a Califomia nonprofit mutual benefit corporation
By.
President
By:
Secretary
(Attach Proper Notary Certificate(s) of Acknowledgment)
Page 10 of 12
ALL-PURPOSE ACKNOWSDGMENT
!
ss.
State of Califomia
County of T)lC^
On /Vj.rcA ^, 2^001 before me, HciPneT
(DATE) , i V / / *
personally appeared (/U'lUlAPT? ?. Q^P^^blAr^
SIGNER(S) /
(NOTARY)
personally known to me OR
ELEA8HAREIMER I; CommJ 159264S
, NOTARY (WUC-CAUFORNIA S! ' Sin Otajo CMrty a Uj, CMiir.. hf.Mll ii 2009 I
• 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
signatures(s) 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.
NOTARY'S SIGNATURE
OPTIONAL INFORMATION
The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl
edgment to an unauthorized document.
CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
• CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
• PARTNER(S)
• ATTORNEY-IN-FACT
• TRUSTEE(S)
• GUARDIAN/CONSERVATOR
• OTHER:
Mi)f4hpP,(vlc CCR /l7P(U7\dmp^
TYPE I
NUMBER OF PAGES
DATE OF DOCUMENT
OTHER
SIGNER IS REPRESENTING:
NAME OF PERSDN(S) OR ENTITY(IES)
RIGHT THUMBPRINT
OF
SIGNER
APA 5/99 VALLEY-SIERRA, 800-362-3369
NOVEMBER 3, 1998
REVISED MARCH 3, 1998
REVISED DECEMBER 10,2004
REVISED OCTOBER 31, 2 005
J.N. 041099
EXHIBIT "A-1"(REVISED)
LEGAL DESCRIPTION OF PROPERTY
LOTS 1, 4, AND 6 THROUGH 8, INCLUSIVE, OF MAP NO. 13716 IN
THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF, FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO ON
DECEMBER 31, 1998, AS FILE NO. 1998-865598 OF OFFICIAL
RECORDS.
TOGETHER WITH LOTS 1 THROUGH 8 OF MAP NO. 14377 IN THE CITY
OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY OF SAN DIEGO ON APRIL 26, 2 002, AS
FILE NO. 2002-0355625 OF OFFICIAL RECORDS.
TOGETHER WITH PARCELS A, B, AND C OF CITY OF CARLSBAD ADJ.
NO. 04-07 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY OF SAN DIEGO ON JUNE 20, 2005, AS
FILE NOS. 2005-0513419, 2005-0513420, AND 2005-0513421,
RESPECTIVELY, ALL OF OFFICIAL RECORDS.
0:\Legal_De8criptions\0410 99\xbital.Igl.doc
Page 1 of 1
VICINITY MAP
NO SCALE
CONSULTA ^TT !
2710 Loker Avenue Wesl
Sui(« 100 Corlsbod. Colifornto 92010
760-931-7700
Fo«760-931-e680
Civil Engineering Planning
Procossing
Surveying
NOm SEE HN/U. MAP N0._
RECORDED DECEMBER Jl. 1998. HNAL
M/IP NO. 14377 REC. APRIL 26. 2002 AND
ADJ. NO. 04-07 REC ^HE ZQ, 2005 AS F7N 2005-0513419. 2005-0513420 A
2005-0513421 POR BOUNDARY AND LOT UNE DA TA.
THE BASIS OF BEARINGS POR THESE PLA TS
IS THE CENJERUNE OF EL CAMINO REAL
AS SHOWN ON PARCEL MAP NO. 1110,
LE NORTH 0dV8'55'EAST.
L€<?AL PE^QRIPWN;
LOTS 1. 4 & 6-8 OF MAP NO. 13716
LOTS 1-8 OF MAP NO. 14377 AND PARCELS
A. B AND C OF ADJ. NO. 04-07
REC JUNE 20 2005 AS DOC
NOS 2005-0513419. 2005-0513420 &
2005-0513421
EXHIBIT 'A~2' (REVISED)
LINCOLN NORTHPOINTE PROPERTY SHT. 1 OF 1 SHTS.
REQUESTED BY:
LEVINE INVESTMENTS LP.
1702 E. HIGHLAND AVE.
PHOENIX, AZ 85016
(602) 248-8181
PREPA5?ED BY:
PATRICl*
• 27214 /EXP. 3/31707
A.P.N. 213-100-01-12
DATE 11-01-2005
G:\0'tlO99\xblla2.dwg Nov 02, 2005 12:39pm
NOVEMBER 3, 1998
REVISED MARCH 3, 2 000
REVISED NOVEMBER 30, 2004
REVISED OCTOBER 31, 2005
J.N. 041099
EXHIBIT "B-1"(REVISED)
LEGAL DESCRIPTION OF ZONE 1
LOT 1 OF MAP NO. 13716, IN THE CITY OF CARLSBAD, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
OF SAN DIEGO ON DECEMBER 31, 1998, AS FILE NO. 1998-865598
OF OFFICIAL RECORDS.
TOGETHER WITH PARCEL 'A' AND PARCEL ^B' OF CITY OF CARLSBAD
ADJ. NO. 04-07, IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO ON JUNE 20,
2005, AS FILE NOS.2005-0513419 AND 2005-0513420 OF OFFICIAL
RECORDS.
O;\Legal_Descriptions\041099\xbitbl.Igl.doc
Page 1 of 1
-fmr
0"
SUBDIVISION BOUNDARY
OLD LOT UNE \
PER MAP 13716
LOT UNE
300'
150^ 600'
SCALE: r = 300'
Cmr OF ^ OCEANSIDE
ROB
9939
cmr OF VISTA
CITY OF SAN MARCOS
CORTS DE U Pm-
NOTE: SEE RNAL MAP NO. 13716 .
RECORDED DECEMBER 31. 1998 . FINAL
MAP NO. 14377 REC APRIL 26. 2002 AND
ADJ. NO. 04-07 REC. JUNE 20 2005
AS F/N 2005-0513419, 2005-0513420 &
2005-0513421 FOR BOUNDARY AND LOT UNE DA TA.
CtTY OF ENCINITAS
VICINITY MAP
NO SCALE
CONSULTA A^S
2710 Loker Avonue Wosl Civil Enginsering
Suite 100 Pionnlng CoHsbod. CalHornio 92010 ProCBseing
760-931-7700 Surveying
Fox:760-931-B680
EXHIBIT 'B--2' (REVISED)
ZONE 1 (LOTS 1. 2, & 3) SHT. 1 OF 1 SHTS.
REQUESTED BY;
LEVINE INVESTMENTS LP.
1702 E. HIGHLAND AVE.
PHOENIX, AZ 85016
1(602) 248-8181 R.C.E. 27214 EXP. 3i/J1/07
A.p.N. 213-100-01,02,03
DATE 11-01-2005
G:\041099Vbitb2.dwg Nov 02, 2005 12:39prr
NOVEMBER 3, 1998
REVISED MARCH 3, 2000
REVISED NOVEMBER 30, 2 004
REVISED OCTOBER 31, 2 0 05
J.N. 041099
EXHIBIT "C-1" (REVISED)
LEGAL DESCRIPTION OF ZONE 2
LOT 4 OF MAP NO. 13716, IN THE CITY OF CARLSBAD, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
OF SAN DIEGO ON DECEMBER 31, 1998, AS PILE NO. 1998-865598
OF OFFICIAL RECORDS.
TOGETHER WITH PARCEL OF CITY OF CARLSBAD ADJ. NO. 04-
07, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY OF SAN DIEGO ON JUNE 20, 2 005, AS FILE NO.
2005-0513421 OF OFFICIAL RECORDS.
O:\Legal_Descriptions\041099\xbitcl.Igl.doc
Page 1 of 1
CITY OF , OCEANSIDE
com DE LAPm-
NOTE: SEE HNAL MAP NO 13716
RECORDED DECEMBER 31, 1998,
HNAL MAP NO. 14377 REC. APRIL 26. 2002
AND ADJ. NO. 04-07 REC JUNE 20 2005
AS F7N 2005-0513419 2005-0513420 A
2005-0513421 FOR BOUNDARY AND LOT UNE DATA
VICINITY MAP NO SCALE
CONSULTA 'flT S
2710 Loker Avenun West Civil EngineBring
Suite 100 Planning Ccrbbod, Colifornio 92010 ProccBsing
760-931-7700 Surveying
FoK:760-931-aBB0
EXHIBIT 'C-2* (REVISED)
ZONE 2 (LOTS 4 & 5) SHT. 1 OF 1 SHTS.
REQUESTED BY:
LEVINE INVESTMENTS LP
1702 E. HIGH1J\ND AVE.
PHOENIX. AZ 85016
(6021 248-8181
PREPARED BY:
PATRICKAUO'DA>' k_ A.P.N. 213-100-02.03,04,05
DATE 11-01-2005
G:\041099\xbitc2.dwg Nov 03, 2005 6:59om
crrr OF , OCEANSIDE
HIGH'
CORTE DE IA PINA-
MEi SEE HNAL MAP NO._m&_
RECORDED DECEMBER 31. 1998.
FINAL MAP NO. 14377 REC APRIL 2^, 2002
AND ADJ. NO. 04-07 REC JUNE 20, 2005
AS F/N 2005-0513419, 2005-0513420^
2005-0513421 FOR BOUNDARY AND LOT UNE DATA
VICINITY MAP
NO SCALE
CONSULTA S
2710 Lok«r Avenuo West Civil Engineering
Suite 100 Pionnlng
Carlsbod. Colifornio 92010 Processing 760-931-7700 Surveying
FOK:760-931-6660
EXHIBIT 'D-2' (REVISED)
ZONE 3 (LOTS 6. 7, <Sc 8) SHT. 1 OF 1 SHTS.
REQUESTED BY:
LEVINE INVESTMENTS LP
1702 E. HIGHLAND AVE.
PHOENIX. AZ 85016
(6021 248-8181
A.P.N. 213-100-06,07,08
DATE 11-01-2005
G-.\041099\xbitd2.dwg Nov 02, 2005 12:46pm
CITY OF OCEANSIDE
HI'
crrv OF VISTA
cmr OF SAN MARCOS
CORTE DE LA PINA-
NOTE: SEEHNALMAPNO 13716 .
RECORDED QgmdER 31, 1998, AND
FINAL MAP NO. 14377 REC. APRIL 26 2002
ADJ NO. 04-07 REC JUNE 20 2005
AS F/N 2005-0513419 2005-0513420 A
2005-0513421 FOR BOUNDARY AND LOT UNE DATA
VICINITY MAP
NO SCALE
CONSULTA T S
2710 Loker Avenue West Civil EnglnBsring
Suite 100 Planning Corlsbod. Colifornia 92010 ProccEsing
760-931-7700 Surveying
Fax:760-931-8680
EXHIBIT 'E-2' (REVISED)
ZONE 4 (LOTS 9. 10, 11. & 12) SHT. 1 OF 1 SHTS.
REQUESTED BY:
LEVINE INVESTMENTS LP
1702 E. HIGHLAND AVE.
PHOENIX, AZ 85016
(602) 248-8181
PREPARED BY:
PATBO Nr^'D^ A.P.N. 213-100-09.10,11,12
DATE 11-01-2005
G:\041099\XBITE:2.dwg Nov 02, 2005 12; 50pm
DECEMBER 21, 2 004
REVISED OCTOBER 31, 2005
J.N.: 04-1099
EXHIBIT "F-1" (ADDENDUM #1)
PORTION OF RECIPROCAL PRIVATE ACCESS AND UTILITY EASEMENT "A"
QUITCLAIM
ALL THAT PORTION OF RECIPROCAL ACCESS AND UTILITY EASEMENT 'A' , IN
THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
DESCRIBED IN DOCUMENT RECORDED JUNE 22, 2000 AS DOCUMENT NO. 2 000-
0329407 LYING WITHIN PARCEL OF CITY OF CARLSBAD ADJ. NO. 04-07,
IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN
DIEGO ON JUNE 20,2005 AS FILE NO. 2005-0513421, OF OFFICIAL RECORDS.
0:\Legal_Descriptions\041099\QRACC.LGL.doo
PAGE 1 OF 1
RECPROCAL ACCESS
AND UIMY EASEMENT'
QUIWIAIU
•j PORVON (FRECIPl
ACCESS AND UnUlY Em^ENT 'A' TO RBIAIN\
•SUBDMSION BOUNDARY
•LOT UNE
OLD LOT UNE
PER MAP NO. 13716
ffAS/S QF e£ARINQ$i
THE BASIS OF BEARINGS FOR THESE PLATS
IS THE CENTERUNE OF EL CAMINO REAL
AS SHOm ON PARCa M4P NO. 1110,
I.E NORIH 08-08'55' EAST.
0" ^300'
Iso^
SCALE: r = 300'
CITY OF , OCEANSIDE
HIGHWA'
•. CITY OF VISTA
CITY OF SAN MARCOS
LEQAL P£$QR(PTiQNr'
PORTION OF PARCEL 'C OF CITY
OF CARLSBAD ADJ NO 04-07
REC JUNE 20, 2005
AS F/N 2005-0513421
VICINITY MAP
NO SCALE
CONSULTA !
2710 Lokar Avanua West Suits 100
Corlstjod, Colifornio 92010
760-931-7700
FOK:750-931-8660
Civil Engineering Planning
Proce SBtng Sun/e>^ng EXHIBIT *F-2' (ADDENDUM # 1)
QUITCLAIM PORTION OF RECIPROCAL
PRIVATE ACCESS AND UTIUTY EASEMENT 'A' SHT. 1 OF 2 SHTS
REQUESTED BY: LEVINE INVESTMENTS LP
1702 E. HIGHLAND AVE.
PHOENIX, AZ 85016
(602) 248-8181
PREPARED BY:
PATRiGK N^'DAY APN 213-100-03. 05
DATE 11-01-2005
G:\041099\0499pf2q.dwg Nov 03, 2005 7:25om
Xrefs: CCR; 0499map
^ ~±O^O^y^SiiiSL
0' 50' 200'
100' ^^^•••"Too'
SCALE: r = 200*
CONSULT A^fl T S
2710 Loker Avenue West
Suite 100 Corlfit»ad, Colifornio 92010
760-931-7700
Fox:760-931-B6BO
Civil Engineering Plonning
Procassing
Surveying
9939
LOT UNE PER MAP NO.
13716
EXHIBIT 'F-2' (ADDENDUM # 1)
QUITCLAIM PORTION OF RECIPROCAL
PRIVATE ACCESS AND UTILITY EASEMENT 'A' SHT. 2 OF 2 SHTS.
REQUESTED BY:
LEVINE INVESTMENTS LP 1702 E. HIGHLAND AVE.
PHOENIX, AZ 85016
(602^) 248-8181
PREPARED BY:
PATRICfi;^. O'DAY APN 213-100-03. 05
DATE 11-01-2005
G:\041099\0499pf2q.dwg Nov 03, 2005 7:25am
Xrefs: CCR; 0499map
DECEMBER 2, 2 004
REVISED OCTOBER 31, 2 005
J.N.: 04-1099
EXHIBIT "F-1" (ADDENDUM #2)
RECIPROCAL PRIVATE ACCESS AND UTILITY EASEMENT "E"
RECIPROCAL PRIVATE ACCESS AND UTILITY EASEMENT "E":
ALL THOSE PORTIONS OF PARCELS 'B' AND OF CITY OF CARLSBAD ADJ,
NO. 04-07, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY OF SAN DIEGO ON JUNE 20, 2005, AS FILE NOS. 2005-0513420 AND
2005-0513421 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHWESTERLY CORNER OF SAID PARCEL 'B' ; THENCE
ALONG THE NORTHERLY LINE OF SAID PARCEL ^B' NORTH 75°01'13" EAST,
40.03 FEET TO THE TRUE POINT OF BEGINNING;
THENCE LEAVING SAID NORTHERLY LINE NORTH 14°58'47" WEST, 242.98 FEET
TO THE NORTHERLY LINE OF SAID PARCEL ^C; THENCE ALONG SAID NORTHERLY
LINE NORTH 75°01'13" EAST, 14.97 FEET; THENCE NORTH 14°58'47" WEST,
76.00 FEET; THENCE NORTH 75°01'13" EAST, 15.03 FEET; THENCE LEAVING
SAID NORTHERLY LINE SOUTH 14°58'47" EAST, 378.48 FEET TO A POINT ON
THE NORTHERLY LINE OF SAID PARCEL 'B'; THENCE ALONG SAID NORTHERLY
LINE NORTH 75°01'13" EAST, 93.47 FEET TO A POINT ON THE WESTERLY LINE
OF RECIPROCAL ACCESS AND UTILITY EASEMENT "A" DESCRIBED IN DOCUMENT
RECORDED JUNE 22, 2 000 AS DOCUMENT NO. 2000-0329407; THENCE LEAVING
SAID NORTHERLY LINE AND ALONG SAID WESTERLY LINE SOUTH 14°58'47"
EAST, 25.00 FEET; THENCE LEAVING SAID WESTERLY LINE SOUTH 75°01'13"
WEST, 123.47 FEET; THENCE NORTH 14°58'47" WEST, 84,50 FEET TO THE
TRUE POINT OF BEGINNING.
O:\Legal_Descriptions\041099\XBITFl.LGL.doc
PAGE 1 OF 1
imPROCM. ACCESS
unuTYEmm r
PC^WN REaPROCAL i
ACCESS A UTJLfTY '
EASatENT X TO ROtAINy
.SUBDIVISION
BOUNDARY
LOT UNE
OU) LOT UNE
PER MAP NO 13716
BASIS OF BEARINGS:
THE BASIS OF BEVilNGS POR THESE PLATS
IS THE CEVTm/NE OF a CAMINO REV.
AS SHOHN ON PARCa M4P NO. 1110,
I.E NORTH OS-C^'SS' EAST.
0'
150" 600'
SCALE: r = 300'
cmr OF ^ OCEANSIDE
PACIFIC
OCEAN
L^QAL PSSQRiPTfQN;
PARCELS 'B' & 'C OF CITY
OF CARLSBAD ADJ. NO. 04-07
REC JUNE 20 2005 AS-
F/N 2005-0513420 & 2005-0513421
OTY OF CNCINITAS
VICINITY MAP
NO SCALE
CONSULTA'WTi
2710 Loker AvanUe West suite 100
Corl»t)od. Californio 92010
760-9:31-7700
FoK:760-93l-fl680
Civil Engineering Plonninq
Processing Surveying EXHIBIT (ADDENDUM #2)
RECIPROCAL PRIVATE ACCESS
AND UTILITY EASEMENT E SHT. 1 OF 2 SHTS.
REQUESTED BY:
LEVINE INVESTMENTS LP
1702 E. HIGHLAND AVE.
PHOENIX. AZ 85016
(6021 248-8181
PREPARED BY:
PATRICK<N. O'DAY A.P.N 213-100-02,03,05
DATE 11-01-2005
&\041099\0499pF£.dwQ 01/07/2003 UfiMS AM PST ARET? miUtP, CO? ST4!Slir
DATA TABLE
m DELTA/BE/IRING RADIUS LENGTH
1 N 75-01'13' E 40.03'
2 N 14'58'47' W 242.98'
3 N 7S01'1J' E 14.97
4 N 14'58'47' W 76.00'
5 N 75V1'ir E 15.03'
6 S 14-58'4r E 37848'
7 N 75V1'13'E 93.4P
8 S 14'58'4r E 25.00'
9 S 75-01'IJ' W 123.4P
10 N 14-58'47' W 84.50'
0' 50' 200'
W
SCALE:
400*
1" = 200'
0^04ty
CONSULTA S
2710 Wker Avenue West CWif Engifieerinq Suite 100 Planning
CoHsbod, Colifornio 02010 Processing
760-931-7700 Surveying F(J>(:760-931-86B0
EXHIBIT (ADDENDUM #2y%^^^'
RECIPROCAL PRIVATE ACCESS
AND UTILITY EASEMENT-E SHT. 2 OF 2 SHTS.
REQUESTED BY:
LEVINE INVESTMENTS LP
1702 E. HIGHLAND AVE.
PHOENIX, AZ 85016
(602) 248-8181
PREPARED BY:
PATRICK N. O'DAY
///? A S
EXP7 3/31/07
A.P.N.213-100-02,03.05
DATE 11-01-2005
ai\041099SO499pfaclwQ 01/07/S0O5 llieSOS AM PST AHZTl- mWAP, COI, miSITE
DECEMBER 28, 2 0 04
REVISED OCTOBER 31, 2 005
JOB NO. 04-1099
EXHIBIT "0-1" (ADDENDUM #1)
LEGAL DESCRIPTION
PORTION OF UNDERGROUND STORM DRAINAGE EASEMENT "A" QUITCLAIM
PARCEL 1
PARCEL 'D' OF UNDERGROUND STORM DRAINAGE EASEMENT ^A' , IN THE
CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO DOCUMENT THEREOF RECORDED IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO JUNE 22, 2000 AS
FILE NO. 2000-0329407.
PARCEL 2
ALL THAT PORTION OF PARCEL ^E' OF UNDERGROUND STORM DRAINAGE
EASEMENT 'A', IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO DOCUMENT THEREOF RECORDED IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO
JUNE 22, 2000 AS FILE NO. 2000-0329407, SAID EASEMENT LYING
WITHIN A PORTION OF PARCEL OF CITY OF CARLSBAD ADJUSTMENT
NO. 04-07, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY OF SAN DIEGO JUNE 20, 2 005 AS FILE NO. 2 005-0513421,
SAID EASEMENT BEING A STRIP OF LAND 10.00 FEET IN WIDTH, LYING
5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE:
BEGINNING AT POINT *D' AS DESCRIBED IN SAID DOCUMENT RECORDED
JUNE 22, 2000 AS FILE NO. 2000-0329407; THENCE ALONG THE CENTER
LINE OF SAID PARCEL 'E' NORTH 75''01'13" EAST, 44.83 FEET TO THE
TERMINATION OF SAID CENTER LINE.
0:\Legal_Descriptions\041099\QSDR.LGL.doc
PAGE 1 OF 1
ADJ NO. 04-07
LEGEND:
PORTION OF UNDERGROUND STORM DRAINAGE EASEMENT 'A' TO BE QUITCLAIMED
PORTION OF UNDERGROUND
STORM DRAINAGE EA^ENT 'A' TO REMAIN
SUBDIVISION BOUNDARY
LOT UNE
INDICATES PARCEL PER
DRAINA^ EASEMENT REC. 6/22/2000 AS F/N 2000-0329407
DATA TABLE
NO DELTA/BEARING RADIUS LENGTH
1 N 75-01'1 3' E 44.83'
0' 100'
200'
CONSULT A'^^TS
2710 Loker Avenue Wesl Civil Engineering
Suite 100 Planning Corlsbod. Colifornio 92010 Proceseing
760-931-7700 Surveying
ra!<:760-931-6660
SCALE: r = 100'
EXHIBIT '0-2' (ADDENDUM #1)
QUITCLAIM PORTION OF UNDERGROUND
STORM DRAINAGE EASEMENT 'A' SHT. 1 OF 1 SHTS.
REQUESTED BY:
LEVINE INVESTMENTS LP
1702 E HIGHLAND AVE. #310
PHOENIX, AZ 85016
PREPARED BY:
PATRiet N. O'DAY A.P.N. 213-100-02.03.05
DATE 11-01-2005
G:\041099\QSDR.DWG Nov 02, 2005 12:55pm
Xrefs: 0499maD
DECEMBER 7, 2004
REVISED OCTOBER 31, 2005
J.N. 041099
EXHIBIT "0-1"(ADDENDUM #2)
PRIVATE UNDERGROUND STORM DRAINAGE EASEMENT "F"
ALL THOSE PORTIONS OF PARCEL ^A', PARCEL *B', AND PARCEL 'C OF CITY
OF CARLSBAD ADJ. NO. 04-07, IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OP CALIFORNIA, RECORDED IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY OF SAN DIEGO JUNE 20, 2005 AS FILE NOS.
2005-0513419, 2005-0513420, AND 2005-0513421, OF OFFICIAL RECORDES,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL 1:
A STRIP OF LAND 10.00 FEET IN WIDTH, LYING 5.00 FEET ON EACH SIDE OF
THE FOLLOWING DESCRIBED CENTER LINE:
BEGINNING AT POINT "B" OF UNDERGROUND STORM DRAINAGE EASEMENT "A",
DESCRIBED IN DOCUMENT RECORDED JUNE 22, 2000 AS FILE NO. 2000-
0329407; THENCE ALONG SAID EASEMENT "A" CENTER LINE NORTH 75°01'13"
EAST, 2.00 FEET; THENCE NORTH 63°22'43" EAST, 48.84 FEET TO THE TRUE
POINT OF BEGINNING;
THENCE LEAVING SAID CENTER LINE SOUTH 14°58'47" EAST, 160.92 FEET;
THENCE SOUTH 15°04'19" EAST, 26.95 FEET; THENCE SOUTH 12°16'48" EAST,
0.75 FEET; THENCE SOUTH 14°58'47" EAST, 41.20 FEET; THENCE SOUTH
23°26'21" EAST, 33.89 FEET; THENCE NORTH 75°02'02" EAST, 27.68 FEET;
THENCE NORTH 75°01'13" EAST, 0.75 FEET; THENCE SOUTH 14°58'47" EAST,
0.75 FEET; THENCE SOUTH 39°35'16" EAST, 76,25 FEET; THENCE SOUTH
14°58'47" EAST, 7.00 FEET.
THE SIDE LINES OF SAID STRIP OF LAND SHALL BE PROLONGED OR SHORTENED
SO AS TO INTERSECT AT ALL ANGLE POINTS AND TO TERMINATE NORTHERLY ON
THE SOUTHERLY LINE OF PARCEL "A" OF SAID UNDERGROUND STORM DRAINAGE
EASEMENT "A" .
PARCEL 2:
A STRIP OF LAND 10.00 FEET IN WIDTH, LYING 5.00 FEET ON EACH SIDE OF
THE FOLLOWING DESCRIBED CENTER LINE:
BEGINNING AT POINT "B" OF UNDERGROUND STORM DRAINAGE EASEMENT "A",
DESCRIBED IN DOCUMENT RECORDED JUNE 22, 2000 AS FILE NO. 2000-
0329407; THENCE ALONG SAID EASEMENT CENTER LINE SOUTH 75°01'13"
PAGE 1 OF 3
V
DECEMBER 7, 2 004
REVISED OCTOBER 31, 2 005
J.N. 041099
WEST, 118.50 FEET TO THE TRUE POINT OF BEGINNING;
THENCE LEAVING SAID EASEMENT CENTER LINE, SOUTH 14°58'47" EAST,
3 8 8.96 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "C"; THENCE
NORTH 75°01'13" EAST, 96.36 FEET TO A POINT HEREINAFTER REFERRED TO
AS POINT "D"; THENCE NORTH 75°01'13" EAST, 22.13 FEET; THENCE SOUTH
14°58'47" EAST, 1.04 FEET TO POINT "E" OF PARCEL "F" OF UNDERGROUND
STORM DRAINAGE EASEMENT "A" DESCRIBED IN DOCUMENT RECORDED JUNE 22,
2000 AS FILE NO. 2000-0329407.
THE SIDE LINES OF SAID STRIP OF LAND SHALL BE PROLONGED OR SHORTENED
SO AS TO INTERSECT AT ALL ANGLE POINTS AND TO TERMINATE
NORTHWESTERLY ON THE SOUTHERLY LINE OF PARCEL "A" OF SAID
UNDERGROUND DRAINAGE EASEMENT "A" AND TERMINATE EASTERLY ON THE
EASTERLY LINE OF PARCEL "D" OF SAID UNDERGROUND DRAINAGE EASEMENT
"A" .
PARCEL 3:
A STRIP OF LAND 10.00 FEET IN WIDTH, LYING 5.00 FEET ON EACH SIDE OF
THE FOLLOWING DESCRIBED CENTER LINE:
BEGINNING AT SAID POINT "C" ; THENCE SOUTH 14°52'10" EAST, 2.00 FEET;
THENCE SOUTH 13°40'15" EAST, 62.05 FEET.
THE SIDE LINES OF SAID STRIP OF LAND SHALL BE PROLONGED OR SHORTENED
SO AS TO INTERSECT AT ALL ANGLE POINTS AND TO TERMINATE NORTHERLY ON
THE SOUTHERLY LINE OF PARCEL 2 AS DESCRIBED HEREIN AND SOUTHERLY ON
THE SOUTHERLY LINE OF SAID PARCEL ^B' OF CITY OF CARLSBAD ADJ. NO.
04-07.
PARCEL 4:
A STRIP OF LAND 10.00 FEET IN WIDTH, LYING 5.00 FEET ON EACH SIDE OF
THE FOLLOWING DESCRIBED CENTER LINE:
BEGINNING AT SAID POINT "D"; THENCE SOUTH 14°58'47" EAST, 64.03 FEET.
THE SIDE LINES OF SAID STRIP OF LAND SHALL BE PROLONGED OR SHORTENED
SO AS TO INTERSECT AT ALL ANGLE POINTS AND TO TERMINATE NORTHERLY ON
THE SOUTHERLY LINE OF PARCEL 2 AS DESCRIBED HEREIN AND SOUTHERLY ON
THE SOUTHERLY LINE OF SAID PARCEL ^B'OF CITY OF CARLSBAD ADJ. NO.
04-07.
PAGE 2 OF 3
DECEMBER 7, 2004
REVISED OCTOBER 31, 2 005
J.N. 041099
PARCEL 5:
A STRIP OF LAND 10.00 FEET IN WIDTH, LYING 5.00 FEET ON EACH SIDE OF
THE FOLLOWING DESCRIBED CENTER LINE:
BEGINNING AT POINT "O" OF UNDERGROUND DRAINAGE EASEMENT "A"
DESCRIBED IN DOCUMENT RECORDED JUNE 22, 2 00 0 AS FILE NO. 200 0-
0329407; THENCE SOUTH 60°48'04" EAST, 0.59 FEET TO THE TRUE POINT OF
BEGINNING;
THENCE SOUTH 00°46'48" EAST, 6.59 FEET TO THE BEGINNING OF A 45.00
FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE SOUTHERLY ALONG THE ARC
OF SAID CURVE THROUGH A CENTRAL ANGLE OF 09°14'31" AN ARC DISTANCE OF
7.2 6 FEET.
THE SIDELINES OF SAID STRIP OF LAND SHALL BE PROLONGED OR SHORTENED
SO AS TO INTERSECT AT ALL ANGLE POINTS AND TO TERMINATE NORTHERLY ON
THE SOUTHERLY LINE OF PARCEL "A" • OF SAID UNDERGROUND STORM DRAINAGE
EASEMENT "A" AND SOUTHERLY ON THE NORTHERLY LINE OF SAID PARCEL
OF CITY OF CARLSBAD ADJ. NO. 04-07.
O:\Legal_Descriptions\041099\XBITOl.LGL.doc
PAGE 3 OF 3
G:\041099\XBITO2.DWG Nov 02, 2005 12:51pm
Xrefs: 0499map
CONSULT A-flTS
2710 Loker Avenue West Suite 100 Corlsbod. Colifornio 92010
760-931-7700
Fax:760-931-B6B0
Civil Engrrwering
Planning
Processing
Surveying
NO
8
10
11
12
13
14
15
16
17
18
19
20
21
22
23
DATA TABLE
DELTA/BEAPING
N 7jp/';j*f
N6322'43''E
S14-5B'4rE
S ISVPWE
S1216'48'E
S14'58'4rE
S2376'2rE
N 75V2'02'E
N 75V1'13'' E
S 14-58'47'E
S39'35'16'E
S 14-58'47'E
S 75V1'13' W
S 14-58'47'E
N 75V1'13'E
N 75VI'13'E
S1458'4rE
S1452'1Q'E
S13-40'15'E
S 14-58'4PE
S60'46'04'E
S00-4€'48'E
A= 0974'3r
RADIUS
45.00'
LENGTH
200'
48W
160.92'
26.95'
0.75'
41.20'
33.89'
27.68'
0.75'
OJS"
76.25'
m5Q'
388.96'
96.36'
22.13'
1.04'
2.00'
62.05'
64.03'
0.59'
6.59'
7.26'
EXHIBIT '0"2' (ADDENDUM #2)
UNDERGROUND STORM
DRAINAGE EASEMENT F SHT
REQUESTED BY:
LEVINE INVESTMENTS LP
1702 E. HIGHLAND AVE. f310
PHOENIX. AZ 85016
PREPARE!
PATRICK A.p,N. 213-100-02.03,05
DATE 11-01-2005
G:\041099\XBITO2.DWG Nov 02, 2005 12:51pm
Xrefs: 0499map
DECEMBER 22, 2004
REVISED OCTOBER 31, 2 0 05
J.N. 041099
EXHIBIT "T-1"(ADDENDUM #1)
QUITCLAIM PORTION OF PRIVATE SURFACE DRAINAGE EASEMENT 'B'
ALL THAT PORTION OF PRIVATE SURFACE DRAINAGE EASEMENT "B" IN THE
CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO DOCUMENT THEREOF RECORDED JUNE 22, 2000 AS FILE NO.
2000-0329407, SAID EASEMENT LIES OVER A PORTION OF PARCEL 'A',
PARCEL ^B', AND PARCEL *C' OF CITY OF CARLSBAD ADJ. NO. 04-07
ACCORDING TO DOCUMENT THEREOF, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY OF SAN DIEGO ON JUNE 20, 2005, AS FILE
NOS. 2005-0513419, 2005-0513420, AND 2005-0513421 ALL OF OFFICIAL
RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWESTERLY CORNER OF PARCEL OF SAID CITY
OF CARLSBAD ADJ. NO. 04-07; THENCE ALONG THE NORTHEASTERLY LINE OF
SAID PARCEL SOUTH 60°46'48" EAST, 13 7.46 FEET; THENCE LEAVING
SAID NORTHEASTERLY LINE NORTH 29°13'12" EAST, 8.50 FEET TO THE
TRUE POINT OF BEGINNING;
THENCE NORTH 29°13'12" EAST, 99.79 FEET; THENCE NORTH 75°01'13"
EAST, 12 4.12 FEET; THENCE SOUTH 14°58'47" EAST, 18.00 FEET; THENCE
NORTH 75°01'13" EAST, 127.25 FEET; THENCE NORTH 14°58'47" WEST,
8.00 FEET; THENCE NORTH 75°01'13" EAST, 55.73 FEET; THENCE SOUTH
14°58'47" EAST, 213.12 FEET; THENCE SOUTH ,.75°01'13" WEST, 80.00
FEET; THENCE SOUTH 14°58'47" EAST, 309.88 FEET; THENCE NORTH
75°01'13" EAST, 103.88 FEET; THENCE SOUTH 14°58'47" EAST, 104.00
FEET; THENCE SOUTH 75°01'13" WEST, 141.88 FEET; THENCE NORTH
14°58'47" WEST, 48.00 FEET TO A POINT ON THE SOUTHERLY LINE OF
SAID PARCEL ^C; THENCE SOUTH 75°01'13" WEST, 188.91 FEET; THENCE
LEAVING SAID SOUTHERLY LINE NORTH 14°58'47" WEST, 5.00 FEET;
THENCE NORTH 75°01'13" EAST, 206.91 FEET; THENCE NORTH 14°58'47"
WEST, 32 2.75 FEET; THENCE NORTH 59°58'47" WEST, 30.06 FEET; THENCE
SOUTH 75°01'13" WEST, 82.19 FEET; THENCE NORTH 60°46'48" WEST,
241.63 FEET TO THE TRUE POINT OF BEGINNING.
O:\Legal_Descriptions\04109 9\QSUD.LGL.doc
Page 1 of 1
PORTTON PRIVATE
SURFACE DRAINAGE
EASEUm 'B'
OUITCLAIUED HEREON
PORTION PRIVATE
SURFACE DRAIN4GE
EASEMm 'B'
TD RBMN
SUBDIVISION BOUNDARY
LOT UNE
OLD LOT UNE
PER MAP 15716
BASIS or BEARINGS:
THE BASIS OF BEARINGS POR THESE PIATS
IS THE CENTERUNE OF EL CAMINO REAL
AS SHOWN ON PARCEL MAP NO. 1110,
I.E NORTH OS-OS'SS" EAST.
0' 300'
150^
SCALE: r = 300'
cmr OF . OCEANSIDE
HIGHWA'
600'
: CITY OF VISTA
CITY OF SAN MARCOS
PACIFIC
OCEAN
LEQAL PE^QRIFTIQN;
PORTIONS OF PARCEL 'A'. PARCEL 'B'AND
PARCEL 'C OF CITY OF CARLSBAD ADJ. NO 04-07
REC JUNE 20 2005 AS F/N 2005-0513419
2005-0513420 & 2005-0513421 .
CITY OF ENaNITAS
VICINITY MAP
NO SCALE
CONSULT A4T S
2710 Loker Avenue West Civil Engineering
Suite 100 Planning
Corisbod, Colilornio 92010 Processing
760-931 -7700 Surveying
FOK;760-S31-868O
EXHIBIT 'T~2' (ADDENDUM # 1)
QUITCLAIM PORTION OF PRIVATE
SURFACE DRAINAGE EASEMENT 'B' SHT. 1 OF 2 SHTS.
REQUESTED BY:
LEVINE INVESTMENTS LP.
1702 E. HIGHLAND AVE.
PHOENIX, AZ 85016
(602^ 248-8181
PREPARED BY:
PATRICK N. O'DAY
V)
214 EXP. 3/31/07
A P N. 213-100-02,03,05
DATE 11-01-2005
G:\041099\0499QPT2.DWG Nov 03, 2005 7:52am
•PRIVATE SURFACE
DRAINAGE EASEMENT 'B \ \ wPJ DRAiNAitt u{:3LMLisi a . n' \
PRIVATE-
SURFACE
DRAINAGE
EASEMENT 'A'
REC. 6/22/00
AS F/N
2000-0329407
SUBDIVISION
BOUNDARY
SEWER EASEMENT
TO BUENA
SANITATION DISTRICT
REC 9/21/65
AS F/N 171355 N.W. COR.
PARCEL 'C ADJ NO. 04-07
CONSULTA 'flT S
2710 Loker Avenue West Civil Engineering
Suite 100 Pionnlng
Carlstrod. Colifornio 92010 Processing 760-931-7700 Surveying
Fo)(:760-fl31-86eo
0' 25' 100'
50' 200'
SCALE: 1" = 100'
DATA TABLE
NO DELTA/BEARING RADIUS LENGTH
1 S 60'46'48''E 137.46'
2 N 2913'12' E 99.79'
3 N 75W13' E 124.12'
4 S 14'58'47' E 18.00'
5 N 75'01'13' E 12725'
6 N 14'58'47' E 8.00'
7 N 75V1'13' E 55.73'
8 S 14'58'47' E 213.12'
9 S 75V1'13" W 80.00'
10 S 14'58'47' E 309.88'
11 N 75V1'13' E 103.88'
12 S 14-58'47' E 104.00'
13 S 75 WW W 141.88'
14 N 14'58'47' W 48.00'
15 S 75V1'13' W 188.91'
16 N 14'58'47' W 5.00'
17 N 75V1'13' E 206.9P
18 N 14'58'47'' W 322.75'
19 N 59-58'47'' W 30.06'
20 S 75V1'13' W 82.19'
21 N 60'46'4S'' W 241.63'
22 N 2913'12' E 8.50'
EXHIBIT 'T"2' (ADDENDUM # 1)
QUITCLAIM PORTION OF PRIVATE
SURFACE DRAINAGE EASEMENT 'B' SHT. 2 OF 2 SHTS.
REQUESTED BY:
LEVINE INVESTMENTS LP.
1702 E. HIGHLAND AVE.
PHOENIX, AZ 85016
(602^ 248-8181
PREPARED BY:
PATRICICN. O'DAY
4 EXP.'3/31/07
A.P.N. 213-100-02.03.05
DATE 11-01-2005
G:\041099\0499QPT2.DWG Nov 03, 2005 7:52am
DECEMBER 9, 2004
REVISED OCTOBER 31, 2005
J.N. 041099
EXHIBIT "T-1" (ADDENDUM #2)
PRIVATE SURFACE DRAINAGE EASEMENTS ^F', 'G' AND >H'
EASEMENT 'F'
ALL THAT PORTION OF PARCEL 'A' , IN THE CITY OF CARLSBAD, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO CITY OF CARLSBAD
ADJ NO. 04-07, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY OP SAN DIEGO ON JUNE 20, 2005, AS FILE NO. 2005-0513419 OF
OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWESTERLY CORNER OF PARCEL OF SAID CITY
OF CARLSBAD ADJ. NO. 04-07; THENCE ALONG THE NORTHERLY LINE OF
SAID PARCEL 'C, SOUTH 60°46'48" EAST, 137.46 FEET TO THE TRUE
POINT OF BEGINNING;
THENCE LEAVING SAID NORTHERLY LINE NORTH 29°13'12" EAST, 19.37
FEET; THENCE SOUTH 60°46'48" EAST, 10.00 FEET; THENCE SOUTH
29°13'12" WEST, 11.37 FEET; THENCE SOUTH 60°46'48" EAST, 107.73
FEET; THENCE NORTH 29°13'12" EAST, 10.93 FEET; THENCE NORTH
14058-47" WEST, 136.14 FEET; THENCE SOUTH 75°01'13" WEST, 13.86
FEET; THENCE NORTH 14°58'47" WEST, 10.00 FEET; THENCE NORTH
75°01'13" EAST, 115.87 FEET; THENCE SOUTH 14°58'47" EAST, 18.00
FEET; THENCE NORTH 75°01'13" EAST, 10 7.34 FEET; THENCE SOUTH
32°08'17" EAST, 86.35 FEET TO A POINT HEREINAFTER REFERRED TO AS
POINT 'A' , SAID POINT ALSO BEING ON THE NORTHERLY LINE OF SAID
PARCEL 'C; THENCE ALONG SAID NORTHERLY LINE SOUTH 75°01'13"
WEST, 153.33 FEET; THENCE SOUTH 14°58'47" EAST, 76.00 FEET;
THENCE SOUTH 75°01'13" WEST, 77.43 FEET; THENCE NORTH 60°46'48"
WEST, 141.81 FEET TO THE TRUE POINT OF BEGINNING.
EASEMENT 'G'
ALL THAT PORTION OF PARCEL 'A' AND PARCEL 'C, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
CITY OF CARLSBAD ADJ NO. 04-07, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY OF SAN DIEGO ON JUNE 20, 2005, AS FILE
NOS. 2005-0513419 AND 2005-0513421 BOTH OF OFFICIAL RECORDS, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT SAID POINT 'A'; THENCE ALONG THE NORTHERLY LINE OF
SAID PARCEL NORTH 75°01'13" EAST, 22.00 FEET TO THE TRUE
POINT OF BEGINNING;
THENCE LEAVING SAID NORTHERLY LINE NORTH 14°58'47" WEST, 90.50
FEET; THENCE NORTH 75°01'13" EAST, 6.00 FEET; THENCE LEAVING SAID
PAGE 1 OF 2
DECEMBER 9, 2 004
REVISED OCTOBER 31, 2005
J.N. 041099
SOUTHERLY LINE SOUTH 14°58'47" EAST, 90.50 FEET TO A POINT ON THE
NORTHERLY LINE OF SAID PARCEL 'C; THENCE ALONG SAID NORTHERLY
LINE NORTH 75°01'13" EAST, 10.16 FEET TO A POINT ON THE EASTERLY
LINE OF SAID PARCEL 'C; THENCE LEAVING SAID NORTHERLY LINE AND
ALONG SAID EASTERLY LINE SOUTH 14°58'47" EAST, 122.62 FEET;
THENCE LEAVING SAID EASTERLY LINE SOUTH 75°01'13" WEST, 16.16
FEET; THENCE NORTH 14°58'47" WEST, 122.62 FEET TO THE TRUE POINT
OF BEGINNING.
EASEMENT *H'
ALL THOSE PORTIONS OF PARCEL 'B' AND PARCEL 'C, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
CITY OF CARLSBAD ADJ NO. 04-07, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY OF SAN DIEGO ON JUNE 20, 2005, AS FILE
NOS. 2005-0513420 AND 2005-0513421, BOTH OF OFFICIAL RECORDS,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWESTERLY CORNER OF SAID PARCEL 'B'; THENCE
SOUTH 75°01'13" WEST, 26.75 FEET; THENCE NORTH 14°58'47" WEST,
3 9.39 FEET; THENCE NORTH 60°46'48" WEST, 11.41 FEET; THENCE SOUTH
29°13'12" WEST, 16.78 FEET; THENCE NORTH 60°46'48" WEST, 163.42
FEET; THENCE NORTH 29°13'12" EAST, 8.75 FEET; THENCE SOUTH
60°46'4B" EAST, 10.00 FEET; THENCE SOUTH 29°13'12" WEST, 3.75
FEET; THENCE SOUTH 60°46'48" EAST, 75.17 FEET; THENCE NORTH
29°13'12" EAST, 9.30 FEET; THENCE SOUTH 69°42'29" EAST, 116.44
FEET; THENCE SOUTH 73°01'28" EAST, 62.10 FEET; THENCE SOUTH
14053,47// EAST, 59.50 FEET; THENCE NORTH 75°01'13" EAST, 191.49
FEET; THENCE NORTH 14°58'47" WEST, 109.95 FEET; THENCE NORTH
75°01'13" EAST, 35.00 FEET; THENCE SOUTH 14°58'47" EAST, 109,95
FEET; THENCE SOUTH 15°54'39" EAST, 54.02 FEET; THENCE SOUTH
14°58'47" EAST, 104.00 FEET; THENCE SOUTH 75°01'13" WEST, 141.88
FEET; THENCE NORTH 14°58'47" WEST, 4 8.00 FEET TO A POINT ON THE
SOUTHERLY LINE OF SAID PARCEL 'C; THENCE SOUTH 75°01'13" WEST,
102.32 FEET; THENCE LEAVING SAID SOUTHERLY LINE NORTH 14°58'47"
WEST, 2 0.58 FEET; THENCE NORTH 80°26'08" WEST, 41.97 FEET; THENCE
NORTH 14°58'47" WEST, 131.51 FEET TO THE POINT OF BEGINNING.
O:\Legal_Descriptions\041099\XBITTl.LGL.doc
PAGE 2 OF 2
PRIVATE DRAINAGE
EASEMENT
SUBDIVISION
BOUNDARY
LOT UNE Pm
ADJ. NO, 04-07
m LOT UNE
PER MAP 13716
PORTION OF PRIVATE
SUmCE DRAINAGE
EASEMENT 'B'
TO REMAIN
&A$f$ QF PEARiNQ^i
THE BASIS OF TARINGS POR THESE PLATS
IS THE CENTERUNE OF EL CAMW REM
AS SHOWN ON PARm. MAP NO. 1110,
LE NORTH Qff08'55' EAST.
SCALE: r = 300'
CITY OF ^ OCEANSIDE
LEGAL DESCRIPTION:
PORTIONS OF LOT 7 MAP NO. 13716 .. AND
PARCEL 'A'. PARCEL 'B' AND PARCEL 'C OF CITY OF
CARLSBAD ADJ. NO. 04-07 REC JUNE 20, 2005 AS
F/N 2005-0513419. 2005-0513420 & 2005-0513421.
CITY OF ENCINITAS
VICINITY MAP
NO SCALE
cp'oa^
CONSULTA 4 T~S
2710 Lol<Br Avenue West Civil Engineering
Suite 100 Pionnlng
Carlsbod, Colifornia 92010 Processing 760-931 -7700 Surveying
FoK:760-931-66aO
EXHIBIT 'T~2' (ADDENDUM #2)
PRIVATE SURFACE
DRAINAGE EASEMENTS F-H SHT. 1 OF 3 SHTS.
REQUESTED BY;
LEVINE INVESTMENTS LP.
1702 E. HIGHLAND AVE.
PHOENIX, AZ 85016
f602^ 248-8181
PREPARED BY:
PATRICIHJ. O^AY
. 272K EXP. 3/61/07 .3/61/07
APN 213-100-02,03,05
DATE 11-01-2005
G:\041099\0499PT2.DWG Nov 03, 2005 8:06am
NWLYCOR.
PARCEL 'C
ADJ NO. 04-07
2710 Loker Avenue West Civil Engineering
Suite 100 Planning Corisbod. Colifornio 92010 Processing
750-931-7700 Survn/mq
Fox:760-931-8680
mm
FOR DATA TABLE
& EASEMENT DATA
TABLE SEE SHEET 3
EXHIBIT 'T-2' (ADDENDUM # 2)
PRIVATE SURFACE 1 DRAINAGE EASEMENTS F-H SHT. 2 OF 3 SHTS.
REQUESTED BY:
LEVINE INVESTMENTS U'.
1702 E. HIGHLAND AVE.
PHOENIX, AZ 85016
f602) 248-8181
PREPARED BY:
PATRIGM. O'DAY
R.C.E. 272<r4 EXP. 3/31/07
A.P.N. 213-100-02,03,05
DATE 11-01-2005
G:\041099\0499PT2D.DWG Nov 03, 2005 7:55am
Xrefs: 0499maD
2710 Ijjker Avenue West
Suite 100
Corlsbod, Colifornio 92010 760-931-7700
Fax;760-931-8680
Civil Engineering PlonrJrm Proeeasing Surveying
REQUESTED BY:
LEVINE INVESTMENTS LP.
1702 E. HlGHb\ND AVE.
PHOENIX, AZ 85016
f602) 248-8181
DATA TABLE
NO DELT7/BEARING RADIUS LENGTH
1 S60-46'48'E 137.46'
2 N2913'12'E 19.37'
3 S60-46'48'E 10.00'
4 N 2913'12' W lur
5 S60-46'4B'E 107.73'
6 N 2913'12'E 10.93'
7 N 14-58'47' W 136.14'
8 S 75V1'13' W 1386'
9 N 14-58'47' W 10.00'
10 N75V1'13'E 115.8/
11 S 14-58'47'E 1800'
12 N 75V113' E 107.34'
13 S32W17'E 86.35'
14 S 75V1'13' W 15333'
15 S 14-58'47'E 76.00'
16 S 75V1'13' W 77.43'
17 N 60-46'48' W 141.81'
18 N 75V1'13'E 22.00'
19 N 14-58'47' W 90.50'
20 N 75V1'13'E 6.00'
21 S 14'58'4rE 90.50'
22 N 75V1'13'E 10.16'
23 S 14-58'4r E 12162'
24 S 75V1'13' W 16.16'
25 N 14W4r W 122.62'
26 S 75V1'13' W 26.75'
27 N 14-58'47' W 39.39'
28 N 60-46'48' W 11.41'
29 S 2913'12' W 16.78'
30 N 60-46'48' W 16142'
31 N 2913'12'E 8.75'
32 S60-46'48'E 10.00'
33 S 2913'12' W 375'
34 S60-46'48'E 75.1/
35 N 2913'12'E 9.30'
36 S69-42'29'E 116.44'
37 S 73V1'28'E 6210'
38 S 14-58'4rE 59.50'
39 N 75V1'13'E 191.49'
40 N 1458'4r W 109.95'
41 N75V1'13'E 35.00'
42 S 14-58'4r E 109.95'
43 S 15-54'39' E 54.02'
44 S 14-58'4P E 104.00'
45 S 75V1'13' W 141.88'
46 N 14W4r W 48.00'
47 S 75V1'13' W 10232'
48 N 1458'47' W 20.58'
49 N 8026'08' W 41.9/
50 N 1458'4r W 131.51'
EXHIBIT 'T-2' (ADDENDUM #2)
PRIVATE SURFACE
DRAINAGE EASEMENT F-H
PREPARE
PATRICK SHT 3 OF 3 SHTS.
A.P.N.213-100-02.03.05
DATE 11-01-2005
G:\041099\0499PT2H,DWG Nov 03, 2005 8:05am
Xrefs: 0499MAP: 0499GR0
LINCOLN NORTH POINTE
LAMJSCAPE MAINTBWICE AREAS
MAirfTHNANCE UNITS
o
a.
of
O
z
O
u
LANDSCAPE MAINTENANCE UNIT A
EXHIBIT G-1
PORTION OF ZONE 1
LANDSCAPE
EASEMENT
o
a.
o
z
UNCOLN NORTH POINTE
LANDBCAPg MAINTHNANCE AREAS O " '
u
.z ^ -
- s<
_J z u
LANDSCAPE MAINTENANCE UNIT A
EXHIBIT G-1
PORTION OF ZONE 1
LANDSCAPE
EASEMENT
LANDSCAPE MAINTENANCE UNIT B
EXHIBIT H-1
ZONE 2
LANDSCAPE
EASEMENT
o
o |;
z
o
u
z
SOU: r - «"-<r
o
Q
Q
u z
EXHIBIT H-1
LANDSCAPE MAINTENANCE UNIT B ZONE 2
^ LANDSC
sue I* -
LANDSCAPE
EASEMENT
INCOLN NORTH POINTE
LANDSCAPE MAINTENANCE UNIT C n-
IMC 1* •> *f-fr
EXHIBIT 1-1
ZONE 3
LANDSCAPE
EASEMENT
O
o
z
o
z ^ -
-
_1 X u
LINCOLN NORTH POINTE
LANDSCAPE MAINTENANCE AREAS
MAINTENANCE UNITS
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EXHIBIT J-1
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LANDSCAPE MAINTtNANCe ABEAS
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08-aJ-2004 ![):2Sani From-CAMELBACK <;F' IES B0Z24B0884 T-709 P.002/00B F-505
213
LEVXWE litVESOMENTS --.-.-fT^i??!:'*
CERTIFICATE OF LZKITED PARINERSHIP StCRETARY Or STATE August 2, 1990
The General and Limited Parcners hereinafter referred
CO form a Idaiited Partnership pursuant to the Arizona Dnifom
lAaited Partnership Act as follows:
1, The name of the Partnership is Levine Investments
Limited Partnership.
2. The character ot the business of the Partnership
is to acquire, aanage and hold for investnent pvtcposes stocks,
bonds, securities, 'real estate or - any other property and to
aanage real property nov or her-eafcer owned by the partnership.
3. The locsation of the principal place of business of
the Partnership is 2737 Arizona Biltaore Circle, Unit* 26,
Phoenix, Arizona, 85016.
4. The name and address of the agent for service of
process upon the Partnership is EWB, Inc., 4722 North 24th
Street, suite 350, Courc II, Pboenix, Arizona 85016.
5. The name and business address of the General
Partners are as follows:
Kaws
William S. Levine
pusj,ne?^ y^g<37rg^^,
2737 Arizona Biltaore Circle
TInitf 26
Phoenix, AZ 85016
The amount of cash, i£ any, and a description and
statement of the agreed value of the other property or services
contributed by each General partner is sat forth in Exhibit A
attached hereto.
^. The naae and business address of the Limited
Partners are as follows;
Killiaa s. Levine
Ina Levine
•THE OFFICE OFTHE SECRCT^^ 0|JA^„ HEREBY DlSCl^lKS mi RggSgiTnT OH ™T THESE OQCUMEfnS, nif-P^y
ACT. COHrOSM TO U^U
fiusiness Address
2737 Arizona Biltaore circle
Unit* 26
Phoenix, AZ 85016
2737 Arizona Biltaore Circle
Unitf 26'
Phoenix, AZ 85016
08-0?-2004 I0;25a(n From-CAMELBAC)t..SE'""':ES 6022430864 T-709 P.003/008 F-505
Further, a General Partner shall cease to be a
General Partner if such General Pa.rtner aakes an inter vivos
sale, trzmsfer, assignment, disposal or gift of all his or her
interests in the Partnersbip, pursuant to Sections 12.2 or 12.3
of the Lijoited Partnership Agreement.
Further, a General. Partner shall cease to be a
General Partner upon the death oC such General Partner, provided
that the transfer of any of such General Partner interest in the.
Partnership shall be govemed by Section 12.4 of the Limited
Partnership Agreement.
In the event of the withdrawal of a General
Partner other than by an intervivos sale, transfer, assignment,
disposal or gift of his or her interest in the Partnership; or
the death of the General Partner, the General Partner's interest
in the Partnership shall be purchased by the Partnership. !rhe
puz-chasB price for sucn interest shall he equal to the value of
the partnership Property allocable to such General Partner's
Capital Accounts, as determined as of the date of notice of the
election under the Limited Partnership Agreement. Any such
payment shall be made in cash or cash equivalents within ten (10}
years after the date of the notice; provided, however, that such
payment aay be made with other types of assets with the consent
of the virhdraving General Partner. Interest shall accrue on the
amount of the withdrawal request at the Priae Rate of Interest
(in effect for the month in which the notice is received} for the
period commencing on the first day after the date of notice and
ending on the day the distribution is paid by the* Partnership.
A Liaited Partner tnay terminate his membership in
the Partnership only through an approved transfer as described in
Section 12.2 of the Limited partnership Agreement, by gift as
described in Section 12.3 of the Limited Partnership Agreement,
or by death as described in Section 12.4 of the Liaited
Partnership Agreement.
10. NO Partner has the right to receive distributions
of property or cash from the Partnership through the withdrawal
or reduction of capital contributions or otherwise except upon
dissolution of the Partnership.
11. The Partnership shall continue for 35 years unless
it is dissolve!^ earlier upon the affirmative vote or written
consent of a majority in interest of all the Parcners.
X2. Upon the happening of any event of withdrawal of a
General Partner, a successor General partner shall be named to
succeed and act as General partner to continue the business of
the Partnership.
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-02-2004 !0;27am From-CAMELBACK-«-r 'ES 6022480884 T-703 p.004/008 F-505
13. The parties hereto have entered into a Liaited Partnership Agreement setting forth in further detail other covenants and agreements.
EXECUTED this 10th day of April, 1990.
GENERAL ¥AIlTlfg2?^iy ^ LIMITS PART
William-*^' Levine William s: Levine
Ina Levine
-4-
08' •05-2004 10;27am From-CAMELBACK ':£$ 6022480884 T-709 P.005/008 F-505
r
EXHIBIT A
General Partner
William S, Levine
Initial
Capital Agreed
contributlop Value
3-542 Shares of § 7,500
Stock in Outdoor
Systems, Inc., an-
Ariz.ona corporation
Williaa S. Levine
Ina Levine
TOTAL:
175.329 Shares of $371,250
Stock in Outdoor
systems. Inc., an
Arizona corporation
175.329 Shares of 371.250
Stock in Outdoor
Systems, Inc., an
Arizona corporation
5750,000
08-OS-2004 10:27am From-CAMELBACK ';E^'"':ES 6022480884 T-709 P.005/D08 F-505
The amount of cash, if any, and a description and
statement of the agreed value of the other property or services
contributed by each Limited Partner is set forth in Exhibit A
attached hereto.
7. Additional capital contributions shall be
permitted in the discretion of the General Partner.
8. No Liaited Partner may grant the right to become a
Limited Partner to an assignee of any part of his Partnership
interest.
9. A General Partner aay withdraw from the
Partnership by providing written notice of withdrawal to the
other Partners and if such withdrawal is approved by 50% of the
participation percentages of the Limited Partners. A General
Partner shall cease to be a General Partner if such General
Partner:
{a} Makes an assignment for the benefit of
creditors;
(b} Files a voluntary petition in bankruptcy;
(c} Is adjudicated a bankrupt or insolvent;
(d) Files an answer or other pleading admitting
or failing to contest the material allegations of a petition
filed against hia or -her in any proceeding of the nature of a
reorganization, arrangement, composition, readjustment,
liquidation, dissolution or similar relief under any statute, law
or regulation;
(e) Seeks, consents to or acquiesces in the
appointment of a trustee, receiver or liquidator of such General
Partner of all or any substantial part of his or her properties ,-
Further, a General Partner shall cease to be a
General Partner one hundred T:wenty (120} days after the
commencement of any proceeding against such General Partner
seeking reorganization, arrangement, composition, readjustaent,-
liquidation, dissolution or similar relief under any statute,
law, or regulat;^on, the proceeding has not been dismissed, or if within ninety (90} days after the appointment without his or her
consent or acquiescence of a trustee, receiver, or liquidator of such General Partner of all or any substantial part of bis or her
properties, the appointment is not vacated or stayed or within
ninety (90) days after the expiration of any such stay, the
appointment is not vacated.
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08-08-2004 10;27am From-CAMELBAC"^' ^ES 5022480884 T-709 P.007/008 F-505
Jari-04-S3 "^^ 4'SS-977e P.Q2
LSVUTS XNVKSTMS37TS LIKIXED PARTNERSSIP
RBSrXTED CSR7XPXCATS OF ZXiSITSa SXR^ireRBSl
i L E
ARIZONA SECRETARYOFST;
The General Parctier beareinafcer refearred to restates the
Levine Inveacmcnts Liroiced Partnership certificate of Limited
Pertnership pursuant to the Arizona uniform Limited Partnership Act
as follows:
1. The namd of the PartnerBhip is LEVINE INVESTMENTS
LIJaTED PARTNERSHIP.
2. The ^general cbaxaccer of the business of the
Partnership is to acquire, manage and hold for inveecnient purposes
stocks, bonds, securities, real estate. Interests in psrcnerehlps.
Interests in limited liability coTopanies and any other property and
CO manatee all assets now or hs7eafter owned by the Partnership.
3. The loaation of the principal place of business of
the Partnership is 1702 East Highland, tf3lo. Phoenix, Arizona,
850X6.
4. The latest date on which the Partnership can be
dissolved is December 31, 2040.
5. The name and address of the agent fax service of
process upon the Partnership is EWB, INC., 2525 Camelback Road,
suite 720. Phoenix, Arizona 8503.6-4229.
6. The name and business address of the General Partner
is as follows:
William S. Levine
1702 East Elghiand, fizo
Phoenix, Arizona 85016
7 - The General Partner an«3 the Limited Partners have entered
into a Limited 1?artnersbip Agreement setting forth in further
detail other covenants and agreements.
EFFECTIVE the iBt day of January, 1S9B.
PARTN^^7,
WilllBiu S. Levine
«>i\iUITSCUM{TIJX«\CW\UST«\l»<»T)^TXt>.a2
. ruciRir^^rr ^rc S022480884 T-709 P.008/008 F-505
•08-0G-20O4 10:27am From-CAMELBACK'-"^' ES
ACCEPTANCE OF AGENT FOR SERVICE OF PROCESS
The undersigned, on behalf of BWB, INC., an Arizona
corporation, 2525 E. Camelback Road, Suite 720, Phoenix, Arizona
350X6-4229. having been designated as agent for service of process
for LEVINE INVESTMENTS LIMITED PARTNERSHIP does hereby consent to
act in chat capacity. i
Vice President
02;05 PIT