HomeMy WebLinkAboutSDP 98-12; RANCHO CARRILLO SDP FOR SDU; Site Development Plan (SDP)CITY OF CARLSBAD
LAND USE REVIEW APPLICATION
1)APPLICATIONS APPLIED FOR:(CHECK BOXES)
(FOR DEPARTMENT (FOR DEPARTMENT
USE ONLY)USE ONLY)
O Administrative Permit -2nd 0 Planned Industrial Permit
Dwelling Unit
O Administrative Variance '0 Planning Commission
Determination
•0 Coastal Development Permit 0 Precise Development Plan
O Conditional Use Permit 0 Redevelopment Permit
O Condominium Permit 12 Site Development Plan
•
pn Environmental Impact 0 Special Use Permit
Assessment
O General Plan Amendment 0 Specific Plan
O Hillside Development Permit 0 TeRtetive-Pefee44Aeft
Obtain from Engineering Department
O Local Coastal Plan Amendment 0 Tentative Tract Map
O Master Plan 0 Variance
O Non-Residential Planned 0 Zone Change
Development
O Planned Development Permit 0 List other applications not
specified
2)ASSESSOR PARCEL NO(S).:
3)PROJECT NAME:Rancho Carrillo Site Development Plan
4)BRIEF DESCRIPTION OF PROJECT:Site Development Plan for 54 second units in the
Rancho Carrillo Master Plan
5)OWNER NAME (Print or Type)6)APPLICANT NAME (Print or Type)
Continental Ranch,Inc Continental Ranch,Inc.
MAILING ADDRESS MAILING ADDRESS
12636 High Bluff'Drive,Ste.300 12636 High BlUff Drive,Ste.300
CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE
San Diego,CA 92130 (619)793 -2580 San Diego,CA 92130 (619)793 -2580
I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE
INFORMATION IS TRUE AND COR -CT TO THE BEST OF MY OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND
KNOWLEDGE.RRECT TO THE BEST OF MY,00.LEDGE.
cs Pri 0/.s iror%
SIGNATURE DATE SIGNATURE DATE
7)BRIEF LEGAL DESCRIPTION All portions of the Rancho Carrillo Master Plan
NOTE:A PROPOSED PROJECT REQUIRING MULTIPLE APPUCATIONS BE FILED, MUST BE SUBMITTED PRIOR TO 3:30 P.M.
A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION BE FILED, MUST BE SUBMITTED PRIOR TO 4:00 P.M.
Form 16 PAGE 1 OF 2
3
8)LOCATION OF PROJECT:
STREET ADDRESS
ON THE east SIDE OF E1.7_Camino Real
(NORTH, SOUTH, EAST, WEST)(NAME OF STREET)
BETWEEN Palomar Airport Rd.AND Alga Rd.
(NAME OF STREET)(NAME OF STREET)
9)LOCAL FACILITIES MANAGEMENT ZONE 1 8
10)PROPOSED NUMBER OF LOTS NA 1 1 )NUMBER OF EXISTING 0 12)PROPOSED NUMBER OF 54RESIDENTIAL UNITS RESIDENTIAL UNITS
13)TYPE OF SUBDIVISION 14)PROPOSED IND OFFICE/15)PROPOSED COMM 0RESSQUARE FOOTAGE 0 SQUARE FOOTAGE
16)PERCENTAGE OF PROPOSED 17)PROPOSED INCREASE IN 18)PROPOSED SEWER
PROJECT IN OPEN SPACE NA 432ADT USAGE IN EDU 54
19)GROSS SITE ACREAGE 69 0 20)EXISTING GENERAL Ru.4 Rm,R)4R1)PROPOSED GENERAL RLm,Rm,
PLAN PLAN DESIGNATIONOSRH RMH,RH,OS
22)EXISTING ZONING 23)PROPOSED ZONINGPC PC
24)IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY
STAFF,PLANNING COMMISSIONERS,DESIGN REVIEW BOARD MEMEBERS OR CITY COUNCIL MEMBERS
TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION.I/WE CONSENT
T ENTRY FOR THIS
PURF':_.
SI NATURE
FOR CITY USE ONLY
FEE COMPUTATION
APPLICATION TYPE FEE REQUIRED RECEIVED
Si)p 6 770.00
JUN 0 9 1998-
CITY OF CARLSBAD
DATERIAMCRRITRECEIVED
RECEIVED BY:
TOTAL FEE REQUIRED 6 77 0.c.20I/tpid_-.
DATE FEE PAID RECEIPT NO.3"3
Form 16 PAGE 2 OF 2
CITY OF CARLSBAD
1200 CARLSBAD\v1LLAGE DRIVE CARLSBAD, b-AIFORNIA 92008
434-2867
REC'D FROM ...•\DATE'
ACCOUNT NO.DESCRIPTION AMOUNT
7).37.3 cmc..1792tc9 Of:';e11 r.q,02
i
II
RECEIPT NO.53126 NOT VALID UNLESS VALIDATED BY TOTAL
®Printed on recycled paper.CASH REGISTER
(1:0
PROJECT DESCRIPTION/EXPLANATION
PROJECT NAME:RANCHO CARRILLO SECOND UNIT SITE DEVELOPMENT
PLAN
APPLICANT NAME:CONTINENTAL RANCH, INC.
This application is for the approval of a Site Development Plan to show the locations of second
units in the Rancho Carrillo Master Plan.54 lots are proposed for second units.These lots are
scattered throughout the entire Master Plan as shown on the enclosed Site Plan.
The Rancho Carrillo Master Plan proposes for up to 20% (up to 54 units)ofthe required
affordable housing to be developed as second units.At the time that the Affordable Housing
Agreement for the site was approved, no credit was given for second units since no Site
Development Plan was approved.This application is to show the locations ofthe second units.
An amendment to the Affordable Housing Agreement is being proposed to include these second
units as affordable housing credits.
As described in the letter to Michael Holzmiller which accompanies this application, the second
units are considered to be developed in Phase I and Phase II of the Master Plan.Second Unit
Administrative Permits are currently being processed by the City for Phase I.This comprises a
total of nineteen second units in Village H, Village J, and Village Q Phase 1.Copies ofthe floor
plans and elevations for these second units have been submitted with this application.For Phase
two of the Master Plan a total of thirty five second units are proposed in Villages G, K, M, Q
Phase 2 &4, and R.At this time it is not possible to provide floor plans and elevations for the
Phase II of development since it is still not known who will be developing these villages.The
applicant is willing to have this Site Development Plan conditioned to ensure that the second
units in Phase II not only meet applicable standard codes and requirements, but that they are
comparable to the second units in Phase I.Future floor plans and elevations will be reviewed as
part of the second unit permit process.Please see the enclosed letter to Michael Holzmiller for
further detail.
OF CA6.4 0
4:9
4ycso Cit of Carlsbad
4 Focte Planning Department
DISCLOSURE STATEMENT
Applicant's statement or disclosure of certain ownership interests on all applications which will require
discretionary action on the part of the City Council or any appointed Board, Commission or Committee.
The following information MUST be disclosed at the time of application submittal.Your project cannot
be reviewed until this information is completed. Please print.
Note:
Person is defined as "Any individual,firm,co-partnership,joint venture,association,social club,fraternal
organization,corporation,estate,trust,receiver,syndicate,in this and any other county,city and county,city
municipality, district or other political subdivision or any other group or combination acting as a unit."
Agents may sign this document; however, the legal name and entity of the applicant and property owner must be
provided below.
I.APPLICANT (Not the applicant's agent)
Provide the COMPLETE, LEGAL names and addresses of ALL persons having a financial
interest in the application.If the applicant includes a corporation or partnership,include the
names,title,addresses of all individuals owning more than 10%of the shares.IF NO
INDIVIDUALS OWN MORE THAN 10%OF THE SHARES,PLEASE INDICATE NON-
APPLICABLE (N/A) IN THE SPACE BELOW If a publicly-owned corporations include the
names,titles,and addresses of the corporate officers.(A separate page may be attached if
necessary.)
Person Corp/Part Continental Ranch,Inc.
Title Title
Address Address 12636 High Bluff Dr.,Ste."300
San Diego,CA 92130
2.OWNER (Not the owner's agent)
Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership
interest in the property involved.Also,provide the nature of the legal ownership (i.e,
partnership,tenants in common,non-profit,corporation,etc.).If the ownership includes a
corporation or partnership,include the names, title,addresses of all individuals owning more
than 10%of the shares.IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES,
PLEASE INDICATE NON-APPLICABLE (N/A)IN THE SPACE BELOW.If a publicly-
owned corporation. include the names. titles, and addresses of the corporate officers.(A separate
page may be attached if necessary.)
Person Corp/Part Continental Ranch,Inc.
Title Title
Address Address 12636 High Bluff Dr.,Ste.300
San Diego,CA 92130
2075 Las Palmas Dr.•Carlsbad, CA 92009 -1576 •(760) 438 -1161 • FAX (760) 438 -0894
3.NON-PROFIT ORGOIZATION OR TRUST
If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust.list the
names and addresses of ANY person serving as an officer or director of the non-profit
organization or as trustee or beneficiary of the.
Non Profit/Trust Non Profit/Trust
Title Title
Address Address
4.Have you had more than $250 worth of business transacted with any member of City staff.
Boards, Commissions, Committees and/or Council within the past twelve (12) months?
riYes X No If yes, please indicate person(s):
NOTE:Attach additional sheets if necessary.
I certify that all the above information is true and correct to the best of my knowledge.
Signature of owner/date Signature of applicant/date 4-40s
David A.Lother David A.Lother
Print or type name of owner Print or type name of applicant
Signature of owner/applicant's agent if applicable/date
Print or type name of owner/applicant's agent
H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 of 2
e°14's
4
CERTIFICATE OF CORPORATE RESOLUTION OF •
CONTINENTAL RANCH,INC.
I,Susan M.Gaupel ,Assistant Secretary of CONTINENTAL RANCH,
INC.,a Delaware corporation ("Corporation"),do hereby certify
that I am a duly elected,qualified and acting officer of theCorporationand,as such,I am familiar with the books,minutes and
records of the Corporation;that no provision of the Articles ofIncorporationor Bylaws of the Corporation requires that any action
or signature of the Corporation be attested by a corporate officer;
that there is no provision in the Articles of Incorporation or
Bylaws of the Corporation limiting the power of the Board of
Directors to adopt the hereinafter stated resolutions;that the
following is a true and accurate copy of resolutions duly adopted
by the Board of Directors of the Corporation,on October 20,1997eitheratadulyheldmeetingoftheBoardofDirectorsorby
unanimous written consent of all members of the Board of Directors
of the Corporation;and that said resolutions have not been
modified,rescinded or revoked and are now in full force and
effect:
RESOLVED,that one signature from the President or any of the
Vice Presidents of the Corporation listed below is required for any
and all documents related to planning,engineering,mapping,
development or construction associated with property owned by
Continental Ranch,Inc.;including but not limited to maps,
easements,agreements,permits,dedications,etc.;and
RESOLVED,the following persons are the duly elected President
and Vice Presidents of the Corporation:
Chris Chambers President
W.Thomas Hickcox Vice President
Donald W.MacKay Vice President
David Lother Vice President
Greg Hastings Vice President
RESOLVED FURTHER,that one signature from the President or any
of the above-designated Vice Presidents is sufficient by itself tobind the Corporation in furtherance of these Resolutions.
WITNESS my hand on this 20th day of October,1997.
CONTINENTAL RANCH,INC.,
a Delaware corporation
.•
By ti hi?illstfid•san M.Gaupel
Ao Assistant Secretary
,„,,
CD ORDER NO.1144050 -6
FIRST AMERICAN TITLE INSURANCE COMPANY
411 IVY STREET,SAN DIEGO,CALIFORNIA 92101
P.O.BOX 808,SAN DIEGO,CALIFORNIA 92112 (619)238 -1776
March 18,1998
CONTINENTAL HOMES
12636 HIGH BLUFF DR.#300
SAN DIEGO,CA 92130
ATTN:DAVID LOTHER
YOUR REF:CARRILLO RANCH
OUR ORDER NO.1144050 -6
IN RESPONSE TO THE HEREIN REFERENCED APPLICATION FOR A POLICY OF TITLE
INSURANCE,THIS COMPANY HEREBY REPORTS THAT IT IS PREPARED TO ISSUE,
OR CAUSE TO BE ISSUED,AS OF THE DATE HEREOF,A POLICY OR POLICIES OF
TITLE INSURANCE DESCRIBING THE LAND AND THE ESTATE OR INTEREST THEREIN
HEREINAFTER SET FORTH,INSURING AGAINST LOSS WHICH MAY BE SUSTAINED BY
REASON OF ANY DEFECT,LIEN OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS
OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES,
CONDITIONS AND STIPULATIONS OF SAID POLICY FORMS.
THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID POLICY
OR POLICIES ARE SET FORTH HEREIN.COPIES OF THE POLICY FORMS SHOULD
BE READ.THEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPORT.
PLEASE READ THE EXCEPTIONS SHOWN OR REFERRED TO BELOW AND THE
EXCEPTIONS AND EXCLUSIONS SET FORTH IN EXHIBIT A OF THIS REPORT
CAREFULLY.THE EXCEPTIONS AND EXCLUSIONS ARE MEANT TO PROVIDE YOU
WITH NOTICE OF MATTERS WHICH ARE NOT COVERED UNDER THE TERMS OF THE
TITLE INSURANCE POLICY AND SHOULD BE CAREFULLY CONSIDERED.
IT IS IMPORTANT TO NOTE THAT THIS PRELIMINARY REPORT IS NOT A WRITTEN
REPRESENTATION AS TO THE CONDITION OF TITLE AND MAY NOT LIST ALL
LIENS,DEFECTS,AND ENCUMBRANCES AFFECTING TITLE TO THE LAND.
THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO)IS ISSUED
SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF
TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY.IF IT IS DESIRED
THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE
INSURANCE,A BINDER OR COMMITMENT SHOULD BE REQUESTED.
DATED AS OF MARCH 6,1998 AT 7:30 A.M.
•
DIANNE LIVINGS ON -TITLE FFICER
DIRECT DIAL PHONE 231 -4654
FAX NO.231 -4647
PAGE 1
1
•
Nero
PLEASE NOTE:
Time limits on the processing of discretionary projects established by state law
do not start until a project application is deemed complete by the City.The
City has 30 calendar days from the date of application submittal to determine
whether an application is complete or incomplete.Within 30 days of submittal
of this application you will receive a letter stating whether this application
is complete or incomplete.If it is incomplete,the letter will state what is
needed to make this application complete.When the application is complete,the
processing period will start upo d e of th completion letter.
Applicant Signature:
Staff Signature:
Date:
•To be stapled with receipt to application
•Copy for file
ORDER NO.1144050 -6
THE FORM OF POLICY TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS:
TO BE DETERMINED
TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN:
CONTINENTAL RANCH,INC.,A DELAWARE CORPORATION,AS TO PARCELS 1,2,
3 AND 7;CONTINENTAL RANCH,INC.,A DELAWARE CORPORATION FORMERLY
KNOWN AS RANCHO CARRILLO,INC.,A DELAWARE CORPORATION,AS TO PARCELS
4,5 &6
THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED
TO COVERED BY THIS REPORT IS:
FEE
THE LAND REFERRED TO HEREIN IS DESCRIBED AS FOLLOWS:
(SEE ATTACHED LEGAL DESCRIPTION)
AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED
EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY FORM WOULD BE AS
FOLLOWS:
ti
1.GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 1998 -99,A LIEN,
NOT YET PAYABLE.
2.SECOND INSTALLMENT,GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR
1997 -98,A LIEN NOT YET DELINQUENT.
3.SUPPLEMENTAL TAXES OR ASSESSMENTS PURSUANT TO THE CALIFORNIA
REVENUE AND TAXATION CODE.
PARCEL NO.869 -578 -09 -26.
ORIGINAL 1ST INSTALLMENT $230.90 PAID
ORIGINAL 2ND INSTALLMENT $230.90 PAID
NOTE:NO DETERMINATION IS MADE AS TO THE ASSESSED TAX YEAR.
SUPPLEMENTAL TAXES OR ASSESSMENTS PURSUANT TO THE CALIFORNIA
REVENUE AND TAXATION CODE.
PARCEL NO.869 -357 -48 -26.
ORIGINAL 1ST INSTALLMENT $923.38 PAID
ORIGINAL 2ND INSTALLMENT $923.38 OPEN (DELINQUENT ON 4/10/98)
DELINQUENCY CHARGES:$102.34 2ND PENALTY
PAGE 2
C
ORDER NO.1144050 -6
NOTE:NO DETERMINATION IS MADE AS TO THE ASSESSED TAX YEAR.
SUPPLEMENTAL TAXES OR ASSESSMENTS PURSUANT TO THE CALIFORNIA
REVENUE AND TAXATION CODE.
PARCEL NO.869 -578 -10 -96.
ORIGINAL 1ST INSTALLMENT $2,037.65 PAID
ORIGINAL 2ND INSTALLMENT $2,037.65 PAID
NOTE:NO DETERMINATION IS MADE AS TO THE ASSESSED TAX YEAR.
SUPPLEMENTAL TAXES OR ASSESSMENTS PURSUANT TO THE CALIFORNIA
REVENUE AND TAXATION CODE.
PARCEL NO.869 -357 -69 -76.
ORIGINAL 1ST INSTALLMENT $-1,470.40 PAID
II
ORIGINAL 2ND INSTALLMENT $-1,470.40 PAID
NOTE:NO DETERMINATION IS MADE AS TO THE ASSESSED TAX YEAR.
SUPPLEMENTAL TAXES OR ASSESSMENTS PURSUANT TO THE CALIFORNIA
REVENUE AND TAXATION CODE.
PARCEL NO.869 -433 -96 -26.
ORIGINAL 1ST INSTALLMENT $10,764.38 PAID
ORIGINAL 2ND INSTALLMENT $10,764.38 OPEN (DELINQUENT ON 7/31/98)
DELINQUENCY CHARGES:$1,086.44 2ND PENALTY
NOTE:NO DETERMINATION IS MADE AS TO THE ASSESSED TAX YEAR.
SUPPLEMENTAL TAXES OR ASSESSMENTS PURSUANT TO THE CALIFORNIA
REVENUE AND TAXATION CODE.
PARCEL NO.869 -578 -12 -06.
ORIGINAL 1ST INSTALLMENT $3,096.40 PAID
ORIGINAL 2ND INSTALLMENT $3,096.40 PAID
NOTE:NO DETERMINATION IS MADE AS TO THE ASSESSED TAX YEAR.
4.THE LIEN OF SUPPLEMENTAL TAXES OR ASSESSMENTS,IF ANY,ASSESSED
PURSUANT TO CHAPTER 3.5 COMMENCING WITH SECTION 75 OF THE
CALIFORNIA REVENUE AND TAXATION CODE AND ANY OTHER APPLICABLE
STATUTES OF THE CALIFORNIA REVENUE AND TAXATION CODE.
SUPPLEMENTAL TAXES:
THE REQUIREMENT THAT THIS COMPANY BE FURNISHED WITH ALL
SUPPLEMENTAL TAX BILLS,IF ANY,FROM THE OWNER OF THE HEREIN
DESCRIBED PROPERTY BEFORE CLOSE OF ESCROW.
5.RIGHTS OF THE PUBLIC IN AND TO ANY PORTION OF THE HEREINDESCRIBED
PROPERTY LYING WITHIN ROADS,STREETS OR HIGHWAYS.
PAGE 3
ORDER NO.1144050 -6
THE FOLLOWING ITEMS AFFECT PARCEL 1:
6.A 60 FOOT WIDE EASEMENT AND RIGHT OF WAY FOR PUBLIC ROAD PURPOSES
OVER AND ACROSS ROAD SURVEY NO.757 ACCORDING TO MAP ON FILE IN
THE OFFICE OF THE COUNTY SURVEYOR AND AS GRANTED TO THE COUNTY OF
SAN DIEGO BY DEED RECORDED OCTOBER 2,1940 IN BOOK 1068,PAGE 496
OF OFFICIAL RECORDS,LOCATED WITHIN THE NORTH HALF OF THE
SOUTHWEST QUARTER AND THE NORTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 18 HEREIN DESCRIBED.
SAID INSTRUMENT ALSO GRANTS THE PRIVILEGE AND RIGHT TO EXTEND AND
MAINTAIN DRAINAGE STRUCTURES AND EXCAVATION AND EMBANKMENT SLOPES
BEYOND THE LIMITS OF SAID RIGHT OF WAY WHERE REQUIRED FOR THE
CONSTRUCTION AND MAINTENANCE THEREOF.
AND THE UNDERSIGNED THE SAID GRANTORS DO HEREBY WAIVE ALL CLAIM
FOR COMPENSATION FOR ANY AND ALL DAMAGES ON ACCOUNT OF THE
LOCATION,ESTABLISHMENT AND CONSTRUCTION OF SAID HIGHWAY.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
7.AN AGREEMENT REGARDING PAYMENT OF A PUBLIC FACILITIES FEE,DATED
JULY 27,1981,UPON THE TERMS,COVENANTS,AND CONDITIONS
CONTAINED THEREIN.
EXECUTED BY AND BETWEEN:CARRILLO ASSOCIATES,A PARTNERSHIP
AND THE CITY OF CARLSBAD,A
MUNICIPAL CORPORATION.
RECORDED:OCTOBER 5,1981 AS FILE NO.81 -315860 OF OFFICIAL
RECORDS.
8.THE EFFECT,IF ANY,OF RECORD OF SURVEY MAP NOS.6416,8429,
9112,AND 9461,WHICH SETS FORTH,OR PURPORTS TO SET FORTH,
CERTAIN DIMENSIONS AND BEARINGS OF THE HEREIN DESCRIBED PROPERTY.
9.NOTE:A CERTIFICATE OF COMPLIANCE AFFECTING THE HEREIN DESCRIBED
PROPERTY WAS RECORDED JULY 20,1982 AS FILE NO.82 -221295 OF
OFFICIAL RECORDS.
10.AN UNRECORDED DEVELOPMENT AGREEMENT,DATED JUNE 14,1984,UPON
THE TERMS AND CONDITIONS THEREIN PROVIDED,AS DISCLOSED BY A
MEMORANDUM OF DEVELOPMENT.
EXECUTED BY AND BETWEEN:DON E.WOODWARD,MEISTER
DEVELOPMENT CORPORATION,AETNA
CAPITAL COMPANY,AND CARRILLO
RANCH PARTNERSHIP.
RECORDED:JULY 26,1984 AS FILE NO.84 -284010 OF OFFICIAL
RECORDS.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
PAGE 4
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ORDER NO.1144050 -6
11.NOTE:A CERTIFICATE OF COMPLIANCE AFFECTING THE HEREIN DESCRIBED
PROPERTY WAS RECORDED FEBRUARY 27,1986 AS FILE NO.86 -078028 OF
OFFICIAL RECORDS.
12.AN EASEMENT FOR PUBLIC ROAD,UTILITY AND INCIDENTAL PURPOSES IN
FAVOR OF THE CITY OF CARLSBAD,A MUNICIPAL CORPORATION,RECORDED
MARCH 10,1986 AS FILE NO.86 -092507 OF OFFICIAL RECORDS,
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF RECORD OF SURVEY NO.9112
ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
SAID STATE OF CALIFORNIA,SAID POINT BEING THE TRUE POINT OF
BEGINNING;THENCE ALONG THE WESTERLY LINE THEREOF SOUTH 2°36'40"
EAST 384.39 FEET TO A POINT ON THE NORTHERLY SIDELINE OF PALOMAR
AIRPORT ROAD PER ROAD SURVEY NO.757;THENCE SOUTH 2°38'00"EAST
28.51 FEET TO A POINT ON THE ARC OF A 1200 FOOT RADIUS CURVE
CONCAVE SOUTHERLY,A RADIAL LINE TO SAID POINT BEARS NORTH
2°03'04"EAST,SAID POINT LYING ON THE CENTERLINE OF PALOMAR
AIRPORT ROAD AND ALSO HEREINAFTER KNOWN AS "POINT A";THENCE
CONTINUING ALONG SAID WESTERLY LINE SOUTH 2°38'00"EAST 3520.68
FEET;THENCE LEAVING SAID WESTERLY LINE SOUTH 89°18'32"EAST
256.31 FEET;THENCE SOUTH 0°03'46"EAST 185.20 FEET;THENCE NORTH
54°40'00"EAST 2065.80 FEET;THENCE NORTH 8°51'23"EAST 1907.40
FEET TO A POINT ON THE SOUTHERLY LINE OF PALOMAR AIRPORT ROAD;
THENCE NORTH 21°26'31"WEST 30.00 FEET TO A POINT ON THE
CENTERLINE OF SAID ROAD AND THE BEGINNING OF A 1000.00 FOOT
RADIUS CURVE CONCAVE NORTHERLY;THENCE WESTERLY ALONG THE ARC OF
SAID CURVE AND SAID CENTERLINE,THROUGH A CENTRAL ANGLE OF
43°43'09"A DISTANCE OF 763.04 FEET;THENCE NORTH 67°43'22"WEST
1326.28 FEET;THENCE LEAVING SAID CENTERLINE NORTH 0°03'46"WEST
491.85 FEET TO A POINT ON THE NORTHERLY LINE OF SAID RECORD OF
SURVEY;THENCE WESTERLY ALONG SAID NORTH LINE,NORTH 88°37'38"
WEST 432.70 FEET TO THE TRUE POINT OF BEGINNING.ALL AS SHOWN ON
SAID RECORD OF SURVEY NO.9112.
THE CENTERLINE OF SAID 126.00 FOOT EASEMENT BEING DESCRIBED AS
FOLLOWS:
BEGINNING AT "POINT A"OF THE ABOVE DESCRIBED PARCEL OF LAND;
THENCE SOUTHERLY ALONG THE WESTERLY LINE OF RECORD OF SURVEY NO.
9112 SOUTH 2°38'00"EAST 41.00 FEET TO THE TRUE POINT OF
BEGINNING,BEING A POINT ON THE ARC OF A 2200.00 FOOT RADIUS
CURVE CONCAVE SOUTHERLY,A RADIAL TO SAID POINT BEARS NORTH
3°59'00"EAST;THENCE LEAVING SAID WESTERLY LINE,EASTERLY ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 18°17'38"A
DISTANCE OF 702.44 FEET;THENCE TANGENT TO SAID CURVE SOUTH
67°43'22"EAST 554.42 FEET TO THE BEGINNING OF A TANGENT 2200.00
FOOT RADIUS CURVE CONCAVE NORTHERLY;THENCE EASTERLY ALONG THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 43°43'09"A DISTANCE
PAGE 5
C:)
ORDER NO.1144050 -6
OF 1678.70;THENCE TANGENT TO SAID CURVE NORTH 68°33'29"EAST
1044.15 FEET TO THE BEGINNING OF A TANGENT 6000.00 FOOT RADIUS
CURVE CONCAVE SOUTHEASTERLY;THENCE NORTHEASTERLY ALONG THE ARC
OF SAID CURVE THROUGH A CENTRAL ANGLE OF 5°39'05"A DISTANCE OF
591.81 FEET;THENCE TANGENT TO SAID CURVE NORTH 74°12'34"EAST
454.40 FEET TO THE BEGINNING OF A TANGENT 3000.00 FOOT RADIUS
CURVE CONCAVE SOUTHEASTERLY;THENCE EASTERLY ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 0°52'58"A DISTANCE OF
46.22 FEET TO THE POINT OF TERMINATION.SAID POINT LYING ON THE
EASTERLY LINE OF RECORD OF SURVEY NO.9112,BEING SOUTH 0°39'50"
WEST 76.25 FEET FROM THE NORTHEAST CORNER THEREOF.
THE SIDELINES OF SAID EASEMENT SHALL BE 63.00 FEET MEASURED AT
RIGHT ANGLES AND PARALLEL WITH THE ABOVE DESCRIBED CENTERLINE AND
SHALL BE EXTENDED OR SHORTENED TO BEGIN ON THE WESTERLY BOUNDARY
OF SAID RECORD OF SURVEY NO.9112 AND PASS THROUGH THE POINT OF
BEGINNING AND TO TERMINATE ON A LINE THAT BEARS NORTH 0°39'50"
EAST AND PASS THROUGH THE POINT OF TERMINATION.
EXCEPTING THEREFROM THAT PORTION NOT LYING WITHIN THE ABOVE
DESCRIBED PARCEL OF LAND.
13.NOTE:A CERTIFICATE OF COMPLIANCE AFFECTING THE HEREIN DESCRIBED
PROPERTY WAS RECORDED JULY 9,1987 AS FILE NO.87 -385114 OF
OFFICIAL RECORDS.
14.AN AGREEMENT REGARDING THE PAYMENT OF A PUBLIC FACILITIES FEE,
DATED JULY 15,1991,UPON THE TERMS,COVENANTS,AND CONDITIONS
CONTAINED THEREIN.
EXECUTED BY AND BETWEEN:WOODWARD VENTURES LTD.,A
CALIFORNIA LTD.PARTNERSHIP;
MERRILL LYNCH PRIVATE CAPITAL,
INC.,A DELAWARE CORPORATION AND
THE CITY OF CARLSBAD,A MUNICIPAL
CORPORATION.
RECORDED:AUGUST 5,1991 AS FILE NO.91 -0390281 OF OFFICIAL
RECORDS.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
PAGE 6
ORDER NO.1144050 -6
15.AN AGREEMENT REGARDING HOLD HARMLESS AGREEMENT "SLOPE AND
TEMPORARY EASEMENT OF CONSTRUCTION GRANTED TO THE CITY OF
CARLSBAD",DATED (NOT SHOWN),UPON THE TERMS,COVENANTS,AND
CONDITIONS CONTAINED THEREIN.
EXECUTED BY AND BETWEEN:MLHM,INC.,A CALIFORNIA
CORPORATION AND WOODWARD VENTURES,
LTD.,A CALIFORNIA LIMITED
PARTNERSHIP AND THE CITY OF
CARLSBAD.
RECORDED:SEPTEMBER 29,1992 AS FILE NO.1992 -0616156 OF OFFICIAL
RECORDS.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
16.AN EASEMENT FOR A TEMPORARY EASEMENT FOR CONSTRUCTION AND SLOPE
AND INCIDENTAL PURPOSES IN FAVOR OF THE CITY OF CARLSBAD,A
MUNICIPAL CORPORATION,RECORDED DECEMBER 10,1992 AS FILE NO.
1992 -0791106 OF OFFICIAL RECORDS.
THE ROUTE OF SAID EASEMENT IS SET OUT IN SAID DOCUMENT AND
AFFECTS A PORTION OF THE HEREIN DESCRIBED PROPERTY.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
17.NOTE:A CERTIFICATE OF COMPLIANCE AFFECTING THE HEREIN DESCRIBED
PROPERTY WAS RECORDED AUGUST 17,1994 AS FILE NO.1994 -0497668 OF
OFFICIAL RECORDS.
18.A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL
PRINCIPAL SUM OF $1,325,000.00,AND ANY OTHER AMOUNTS OR
OBLIGATIONS SECURED THEREBY,RECORDED NOVEMBER 27,1996 AS FILE
NO.1996 -0602258 OF OFFICIAL RECORDS.
DATED:NOVEMBER 27,1996
TRUSTOR:CONTINENTAL RANCH,INC.,A DELAWARE CORPORATION
TRUSTEE:FIRST AMERICAN TITLE INSURANCE COMPANY,A
CALIFORNIA CORPORATION
BENEFICIARY:MLHM,INC.,A CALIFORNIA CORPORATION
SAID DEED OF TRUST IS SUBORDINATE TO THE EASEMENT RECORDED AUGUST
25,1997 AS FILE NO.1997 -0410752 OF OFFICIAL RECORDS,BY THE
TERMS OF A SUBORDINATION AGREEMENT RECORDED AUGUST 25,1997 AS
FILE NO.1997 -0410753 OF OFFICIAL RECORDS.
19.AN EASEMENT FOR PUBLIC STREET AND PUBLIC UTILITY PURPOSES AND
INCIDENTAL PURPOSES IN FAVOR OF CITY OF CARLSBAD,A MUNICIPAL
CORPORATION,RECORDED APRIL 9,1997 AS FILE NO.1997 -0161959 OF
OFFICIAL RECORDS.
PAGE 7
ORDER NO.1144050 -6
THE ROUTE OF SAID EASEMENT IS SET OUT IN SAID DOCUMENT AND
AFFECTS A PORTION OF THE HEREIN DESCRIBED PROPERTY.
20.AN EASEMENT FOR PUBLIC STREET AND PUBLIC UTILITY PURPOSES AND
INCIDENTAL PURPOSES IN FAVOR OF CITY OF CARLSBAD,A MUNICIPAL
CORPORATION,RECORDED AUGUST 25,1997 AS FILE NO.1997 -0410752 OF
OFFICIAL RECORDS.
THE ROUTE OF SAID EASEMENT IS SET OUT IN SAID DOCUMENT AND
AFFECTS A PORTION OF THE HEREIN DESCRIBED PROPERTY.
21.A SCHOOL FACILITIES FUNDING AND MITIGATION AGREEMENT DATED
NOVEMBER 17,1997,UPON THE TERMS,COVENANTS,AND CONDITIONS
CONTAINED THEREIN.
EXECUTED BY AND BETWEEN:SAN MARCOS UNIFIED SCHOOL DISTRICT
AND CONTINENTAL RANCH,INC.,A
DELAWARE CORPORATION.
RECORDED:JANUARY 8,1998 AS FILE NO.1998 -0009539 OF OFFICIAL
RECORDS.
THE FOLLOWING ITEMS AFFECT PARCELS 2 AND 3:
22.AN EASEMENT AND RIGHT OF WAY FOR PUBLIC ROAD PURPOSES OVER AND
ACROSS ROAD SURVEY NO.757 ACCORDING TO MAP ON FILE IN THE OFFICE
OF THE COUNTY SURVEYOR AND AS GRANTED TO THE COUNTY OF SAN DIEGO
BY DEED RECORDED OCTOBER 2,1940 IN BOOK 1068,PAGE 496 OF
OFFICIAL RECORDS.
SAID INSTRUMENT ALSO GRANTS THE PRIVILEGE AND RIGHT TO EXTEND AND
MAINTAIN DRAINAGE STRUCTURES AND EXCAVATION AND EMBANKMENT SLOPES
BEYOND THE LIMITS OF SAID RIGHT OF WAY WHERE REQUIRED FOR THE
CONSTRUCTION AND MAINTENANCE THEREOF.
23.AN EASEMENT FOR EITHER OR BOTH POLE LINES,UNDERGROUND CONDUITS
AND INCIDENTAL PURPOSES TOGETHER WITH THE RIGHT OF INGRESS AND
EGRESS IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY BY
INSTRUMENT RECORDED MAY 30,1973 AS FILE NO.73 -146090 OF
OFFICIAL RECORDS,DESCRIBED AS FOLLOWS:
TWELVE (12.00)FEET IN WIDTH,BEING 6 FEET MEASURED AT RIGHT
ANGLES,ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE:
PAGE 8
ORDER NO.1144050 -6
COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF
SAID SECTION 24;THENCE ALONG THE NORTHERLY PROLONGATION OF THE
EASTERLY LINE THEREOF NORTH 0°42'03"EAST 965.00 FEET;THENCE
LEAVING SAID NORTHERLY PROLONGATION NORTH 38°52'03"EAST,989.38
FEET;THENCE SOUTH 45°36'42"EAST,1499.41 FEET;THENCE NORTH
84°34'00"EAST,300.94 FEET;THENCE NORTH 88°44'00"EAST,752.41
FEET TO THE TRUE POINT OF BEGINNING OF THE CENTER LINE HEREIN
DESCRIBED;THENCE FROM SAID TRUE POINT OF BEGINNING RETRACING
SOUTH 88°44'00"WEST TO THE EASTERLY LINE OF LOT "A"OF RANCHO
AGUA HEDIONDA ACCORDING TO MAP THEREOF NO.823,FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO,BEING
A DISTANCE OF 325 FEET,MORE OR LESS.
ALSO:THAT CERTAIN STRIP OF LAND 4.00 FEET IN WIDTH,BEING 2.00
FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT SAID TRUE POINT OF BEGINNING;THENCE NORTH 15°23'18"
EAST 24.00 FEET.
SAID INSTRUMENT FURTHER RECITES:"IT IS UNDERSTOOD BY THE
PARTIES HERETO THAT THE GRANTEE MAY PLACE,ERECT AND MAINTAIN ON
THE LANDS OF THE GRANTOR ADJACENT TO THE ABOVE DESCRIBED RIGHT OF
WAY SUCH ANCHORAGE AS MAY BE NECESSARY TO PROPERLY GUY THE POWER
LINE ERECTED OVER SAID RIGHT OF WAY."
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
24.AN EASEMENT FOR ROAD AND INCIDENTAL PURPOSES IN FAVOR OF CITY OF
CARLSBAD,RECORDED FEBRUARY 24,1977 AS FILE NO.77 -068082 OF
OFFICIAL RECORDS,LOCATED WITHIN A STRIP OF LAND 60.00 FEET IN
WIDTH,FOR ROAD PURPOSES LYING WITHIN PORTIONS OF THE NORTH HALF
OF SECTION 19 AND THE SOUTH HALF OF SECTION 18,TOWNSHIP 12
SOUTH,RANGE 3 WEST,SAN BERNARDINO BASE AND MERIDIAN,ACCORDING
TO OFFICIAL PLAT THEREOF,IN THE CITY OF CARLSBAD,COUNTY OF SAN
DIEGO,STATE OF CALIFORNIA,THE CENTERLINE OF SAID STRIP BEING
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTH QUARTER CORNER OF SAID SECTION 19,FROM
WHICH THE NORTHWEST CORNER OF SAID SECTION 19 BEARS NORTH
89°39'01"WEST;THENCE NORTH 86°11'20"WEST 329.50 FEET;THENCE
SOUTH 15°16'35"WEST 1410.75 FEET;THENCE SOUTH 24°54'09"WEST
59.00 FEET TO THE TRUE POINT OF BEGINNING;THENCE RETRACING THE
LAST MENTIONED COURSE NORTH 24°54'09"EAST 59.00 FEET;THENCE
NORTH 21°31'51"WEST 238.97 FEET;THENCE NORTH 18°07'34"EAST
1486.58 FEET;THENCE NORTH 15°06'41"WEST 541.75 FEET;THENCE
NORTH 14°36'45"EAST 733.41 FEET;THENCE NORTH 08°16'44"WEST
369.00 FEET,MORE OR LESS,TO A POINT IN THE SOUTHERLY RIGHT OF
WAY LINE OF PALOMAR AIRPORT ROAD.
PAGE 9
ORDER NO.1144050 -6
25.AN AGREEMENT REGARDING PAYMENT OF A PUBLIC FACILITIES FEE,DATED
JULY 27,1981,UPON THE TERMS,COVENANTS,AND CONDITIONS
CONTAINED THEREIN.
EXECUTED BY AND BETWEEN:WOODWARD COMPANIES AND AETNA
CAPITAL CORPORATION AND CITY OF
CARLSBAD.
RECORDED:SEPTEMBER 25,1981 AS FILE NO.81 -305686 OF OFFICIAL
RECORDS.
26.THE EFFECT,IF ANY,OF RECORD OF SURVEY MAP NO.9112,WHICH SETS
FORTH,OR PURPORTS TO SET FORTH,CERTAIN DIMENSIONS AND BEARINGS
OF THE HEREIN DESCRIBED PROPERTY.
27.AN UNRECORDED DEVELOPMENT AGREEMENT,DATED JUNE 14,1984,UPON
THE TERMS AND CONDITIONS THEREIN PROVIDED,AS DISCLOSED BY A
MEMORANDUM OF DEVELOPMENT.
EXECUTED BY AND BETWEEN:DON E.WOODWARD,MEISTER
DEVELOPMENT CORPORATION,AETNA
CAPITAL COMPANY,AND CARRILLO
RANCH PARTNERSHIP.
RECORDED:JULY 26,1984 AS FILE NO.84 -284010 OF OFFICIAL
RECORDS.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
28.AN EASEMENT FOR A PIPELINE OR PIPELINES AND INCIDENTAL PURPOSES
IN FAVOR OF SAN MARCOS COUNTY WATER DISTRICT,A PUBLIC AGENCY,
RECORDED FEBRUARY 13,1986 AS FILE NO.86 -058612 OF OFFICIAL
RECORDS,LOCATED WITHIN SAID LAND AS SET FORTH THEREIN.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
29.THE EFFECT,IF ANY,OF RECORD OF SURVEY MAP NO.12232,WHICH SETS
FORTH,OR PURPORTS TO SET FORTH,CERTAIN DIMENSIONS AND BEARINGS
OF THE HEREIN DESCRIBED PROPERTY.
30.AN EASEMENT FOR STREET AND PUBLIC UTILITY AND INCIDENTAL PURPOSES
IN FAVOR OF THE CITY OF CARLSBAD,A MUNICIPAL CORPORATION,
RECORDED MAY 13,1992 AS FILE NO.1992 -0291297 OF OFFICIAL
RECORDS,LOCATED WITHIN PARCEL 2 AS SET FORTH THEREIN.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
31.AN EASEMENT FOR DRAINAGE AND TEMPORARY CONSTRUCTION AND
INCIDENTAL PURPOSES IN FAVOR OF THE CITY OF CARLSBAD,A MUNICIPAL
CORPORATION,RECORDED MAY 13,1992 AS FILE NO.1992 -0291298 OF
OFFICIAL RECORDS,LOCATED WITHIN PARCEL 2 AS SET FORTH THEREIN.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
PAGE 10
(:)
ORDER NO.1144050 -6
32.AN AGREEMENT REGARDING PAYMENT OF A PUBLIC FACILITIES FEE,DATED
SEPTEMBER 5,1995,UPON THE TERMS,COVENANTS,AND CONDITIONS
CONTAINED THEREIN.
EXECUTED BY AND BETWEEN:UDC HOMES INC.AND CITY OF
CARLSBAD,A MUNICIPAL CORPORATION.
RECORDED:MARCH 19,1996 AS FILE NO.1996 -0133727 OF OFFICIAL
RECORDS.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
33.AN EASEMENT FOR A PIPELINE OR PIPELINES FOR ANY AND ALL PURPOSES,
TOGETHER WITH THEIR NECESSARY FIXTURES AND APPURTENANCES
INCLUDING BUT NOT LIMITED TO CONDUITS AND CABLES FOR POWER
TRANSMISSION AND COMMUNICATION PURPOSES,AT SUCH LOCATIONS AND
ELEVATIONS,UPON,ALONG,OVER AND UNDER THE HEREINAFTER DESCRIBED
RIGHT -OF -WAY AS GRANTEE MAY NOW OR HEREAFTER DEEM CONVENIENT AND
NECESSARY FROM TIME TO TIME,TOGETHER WITH THE RIGHT OF INGRESS
THERETO AND EGRESS THEREFROM AND INCIDENTAL PURPOSES IN FAVOR OF
VALLECITOS WATER DISTRICT,RECORDED SEPTEMBER 19,1996 AS FILE
NO.1996 -0477223 OF OFFICIAL RECORDS,LOCATED WITHIN PARCELS 2
AND 4 AS SET FORTH THEREIN.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
34.AN UNRECORDED PURCHASE AGREEMENT,GRANT OF OPTION AND ESCROW
INSTRUCTIONS DATED SEPTEMBER 9,1996 BY CONTINENTAL RANCH,INC.,
A DELAWARE CORPORATION ("OPTIONOR")TO DMB/AEW LANDHOLDINGS ONE,
LLC,AN ARIZONA LIMITED LIABILITY COMPANY ("OPTIONEE"),DISCLOSED
BY MEMORANDUM OF OPTION,RECORDED SEPTEMBER 30,1996 AS FILE NO.
1996 -0492686 OF OFFICIAL RECORDS.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
35.A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL
PRINCIPAL SUM OF $2,000,000.00,AND ANY OTHER AMOUNTS OR
OBLIGATIONS SECURED THEREBY,RECORDED SEPTEMBER 30,1996 AS.FILE
NO.1996 -0492687 OF OFFICIAL RECORDS.
DATED:SEPTEMBER 30,1996
TRUSTOR:CONTINENTAL RANCH,INC.,A DELAWARE CORPORATION
TRUSTEE:FIRST AMERICAN TITLE INSURANCE COMPANY,A
CALIFORNIA CORPORATION
BENEFICIARY:DMB/AEW LANDHOLDINGS ONE,LLC,AN ARIZONA LIMITED
LIABILITY COMPANY
SAID DEED OF TRUST IS SUBORDINATE TO THE EASEMENT RECORDED APRIL
9,1997 AS FILE NO.1997 -0161959 OF OFFICIAL RECORDS,BY THE
TERMS OF A SUBORDINATION AGREEMENT RECORDED APRIL 9,1997 AS FILE
NO.1997 -0161960 OF OFFICIAL RECORDS.
PAGE 11
MaNia••••••••••.•
C:)
ORDER NO.1144050 -6
SAID DEED OF TRUST IS SUBORDINATE TO THE EASEMENT RECORDED
NOVEMBER 4,1997 AS FILE NO.1997 -0554157 OF OFFICIAL RECORDS,BY
THE TERMS OF A SUBORDINATION AGREEMENT RECORDED NOVEMBER 4,1997
AS FILE NO.1997 -0554158 OF OFFICIAL RECORDS.
SAID DEED OF TRUST IS SUBORDINATE TO THE EASEMENT RECORDED
NOVEMBER 24,1997 AS FILE NO.1997 -0594402 OF OFFICIAL RECORDS,
BY THE TERMS OF A SUBORDINATION AGREEMENT RECORDED NOVEMBER 24,
1997 AS FILE NO.1997 -0594403 OF OFFICIAL RECORDS.
SAID DEED OF TRUST IS SUBORDINATE TO THE EASEMENT RECORDED
DECEMBER 1,1997 AS FILE NO.1997 -0605492 OF OFFICIAL RECORDS,BY
THE TERMS OF A SUBORDINATION AGREEMENT RECORDED DECEMBER 1,1997
AS FILE NO.1997 -0605493 OF OFFICIAL RECORDS.
36.AN EASEMENT TO ERECT,CONSTRUCT,RECONSTRUCT,REPLACE,REPAIR,
MAINTAIN AND USE A PIPELINE OR PIPELINES AND APPURTENANCES FOR
POWER TRANSMISSION AND COMMUNICATION PURPOSES,TOGETHER WITH THE
RIGHT OF INGRESS AND EGRESS AND INCIDENTAL PURPOSES IN FAVOR OF
VALLECITOS WATER DISTRICT,RECORDED OCTOBER 1,1996 AS FILE NO.
1996 -0497986 OF OFFICIAL RECORDS.
THE ROUTE OF SAID EASEMENT IS SET OUT IN SAID DOCUMENT AND
AFFECTS A PORTION OF THE HEREIN DESCRIBED PROPERTY.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
AFFECTS PARCEL 3.
37.AN EASEMENT FOR POLES,WIRES,CABLES FOR THE TRANSMISSION AND
DISTRIBUTION OF ELECTRICITY,UNDERGROUND FACILITIES AND
APPURTENANCES FOR THE TRANSMISSION AND DISTRIBUTION OF
ELECTRICITY,COMMUNICATION FACILITIES,OVERHEAD AND/OR
UNDERGROUND AND INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO GAS &
ELECTRIC COMPANY,RECORDED DECEMBER 23,1996 AS FILE NO.1996 -
0642348 OF OFFICIAL RECORDS,DESCRIBED AS FOLLOWS:
12.00 FEET IN WIDTH,BEING 6.00 FEET ON EACH SIDE OF THE CENTER
LINE OF THE FACILITIES TO BE INSTALLED,THE APPROXIMATE LOCATION
BEING SHOWN AND DELINEATED AS "ELECTRIC UTILITY FACILITIES"ON
THE EXHIBIT "A",ATTACHED THERETO AND MADE A PART THEREOF.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
38.AN EASEMENT FOR PUBLIC STREET AND PUBLIC UTILITY PURPOSES AND
INCIDENTAL PURPOSES IN FAVOR OF CITY OF CARLSBAD,A MUNICIPAL
CORPORATION,RECORDED APRIL 9,1997 AS FILE NO.1997 -0161959 OF
OFFICIAL RECORDS.
PAGE 12
0
ORDER NO.1144050 -6
THE ROUTE OF SAID EASEMENT IS SET OUT IN SAID DOCUMENT AND
AFFECTS A PORTION OF THE HEREIN DESCRIBED PROPERTY.
AFFECTS PARCEL 2.
39.A RESTATED RANCHO CARRILLO PARKS AGREEMENT DATED APRIL 18,1997,
UPON THE TERMS,COVENANTS,AND CONDITIONS CONTAINED THEREIN.
EXECUTED BY AND BETWEEN:THE CITY OF CARLSBAD,A MUNICIPAL
CORPORATION AND CONTINENTAL RANCH,
INC.,A DELAWARE CORPORATION.
RECORDED:JUNE 2,1997 AS FILE NO.1997 -0254867 OF OFFICIAL
RECORDS.
40.AN EASEMENT FOR DRAINAGE PURPOSES AND INCIDENTAL PURPOSES IN
FAVOR OF CITY OF CARLSBAD,A MUNICIPAL CORPORATION,RECORDED
NOVEMBER 4,1997 AS FILE NO.1997 -0554153 OF OFFICIAL RECORDS.
THE ROUTE OF SAID EASEMENT IS SET OUT IN SAID DOCUMENT AND
AFFECTS A PORTION OF THE HEREIN DESCRIBED PROPERTY.
AFFECTS PARCEL 2.
41.AN EASEMENT FOR TRAIL PURPOSES AND INCIDENTAL PURPOSES IN FAVOR
OF CITY OF CARLSBAD,A MUNICIPAL CORPORATION,RECORDED NOVEMBER
4,1997 AS FILE NO.1997 -0554154 OF OFFICIAL RECORDS.
THE ROUTE OF SAID EASEMENT IS SET OUT IN SAID DOCUMENT AND
AFFECTS A PORTION OF THE HEREIN DESCRIBED PROPERTY.
AFFECTS PARCEL 2.
42.AN EASEMENT FOR TRAIL PURPOSES AND INCIDENTAL PURPOSES IN FAVOR
OF CITY OF CARLSBAD,A MUNICIPAL CORPORATION,RECORDED NOVEMBER
4,1997 AS FILE NO.1997 -0554156 OF OFFICIAL RECORDS.
THE ROUTE OF SAID EASEMENT IS SET OUT IN SAID DOCUMENT AND
AFFECTS A PORTION OF THE HEREIN DESCRIBED PROPERTY.
AFFECTS PARCEL 2.
43.AN EASEMENT FOR DRAINAGE AND ACCESS PURPOSES AND INCIDENTAL
PURPOSES IN FAVOR OF CITY OF CARLSBAD,A MUNICIPAL CORPORATION,
RECORDED NOVEMBER 4,1997 AS FILE NO.1997 -0554157 OF OFFICIAL
RECORDS.
THE ROUTE OF SAID EASEMENT IS SET OUT IN SAID DOCUMENT AND
AFFECTS A PORTION OF THE HEREIN DESCRIBED PROPERTY.
AFFECTS PARCEL 2.
PAGE 13
Co)
ORDER NO.1144050 -6
44.AN EASEMENT FOR WASTEWATER PIPELINE AND INCIDENTAL PURPOSES IN
FAVOR OF CITY OF CARLSBAD,A MUNICIPAL CORPORATION,RECORDED
NOVEMBER 24,1997 AS FILE NO.1997 -0594402 OF OFFICIAL RECORDS.
THE ROUTE OF SAID EASEMENT IS SET OUT IN SAID DOCUMENT AND
AFFECTS A PORTION OF THE HEREIN DESCRIBED PROPERTY.
AFFECTS PARCEL 3.
45.AN EASEMENT FOR THE CONSTRUCTION,OPERATION,REPAIR,
RECONSTRUCTION AND ALL ACTIVITIES NECESSARY TO CONSTRUCT,
RECONSTRUCT,OPERATE,MAINTAIN AND REPAIR FACILITIES DESIGNED FOR
THE GENERAL PURPOSE OF COLLECTING,STORING,TRANSPORTING,PUMPING
AND TREATING ALL WATER,INCLUDING SURFACE WATER,STREAM WATER,
FLOOD WATER AND GROUND WATER FLOWING INTO SAID FACILITIES,AND
ALL NATURAL AND ARTIFICIAL DRAINAGE DITCHES AND STRUCTURES OF ANY
KIND AND INCIDENTAL PURPOSES IN FAVOR OF CARLSBAD MUNICIPAL WATER
DISTRICT,RECORDED DECEMBER 1,1997 AS FILE NO.1997 -0605492 OF
OFFICIAL RECORDS.
THE ROUTE OF SAID EASEMENT IS SET OUT IN SAID DOCUMENT AND
AFFECTS A PORTION OF THE HEREIN DESCRIBED PROPERTY.
AFFECTS PARCEL 2.
46.AN EASEMENT FOR UNDERGROUND FACILITIES AND APPURTENANCES FOR THE
TRANSMISSION AND DISTRIBUTION OF ELECTRICITY,COMMUNICATION
FACILITIES,AND APPURTENANCES,AND GRANTEE ALSO HAS THE RIGHT OF
INGRESS AND EGRESS,TO,FROM AND ALONG THIS EASEMENT AND
INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO GAS AND ELECTRIC
COMPANY,A CORPORATION,RECORDED DECEMBER 31,1997 AS FILE NO.
1997 -0670495 OF OFFICIAL RECORDS.
THE ROUTE OR LOCATION CANNOT BE DETERMINED FROM SAID INSTRUMENT.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
47.AN EASEMENT FOR UNDERGROUND FACILITIES AND APPURTENANCES FOR THE
TRANSMISSION AND DISTRIBUTION OF ELECTRICITY,COMMUNICATION
FACILITIES,AND APPURTENANCES,AND GRANTEE ALSO HAS THE RIGHT OF
INGRESS AND EGRESS,TO,FROM AND ALONG THIS EASEMENT AND
INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO GAS AND ELECTRIC
COMPANY,A CORPORATION,RECORDED DECEMBER 31,1997 AS FILE NO.
1997 -0670499 OF OFFICIAL RECORDS.
THE ROUTE OF SAID EASEMENT IS SET OUT IN SAID DOCUMENT AND
AFFECTS A PORTION OF THE HEREIN DESCRIBED PROPERTY.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
PAGE 14
ORDER NO.1144050 -6
AFFECTS PARCEL 2.
48.A SCHOOL FACILITIES FUNDING AND MITIGATION AGREEMENT DATED
NOVEMBER 17,1997,UPON THE TERMS,COVENANTS,AND CONDITIONS
CONTAINED THEREIN.
EXECUTED BY AND BETWEEN:SAN MARCOS UNIFIED SCHOOL DISTRICT
AND CONTINENTAL RANCH,INC.,A
DELAWARE CORPORATION.
RECORDED:JANUARY 8,1998 AS FILE NO.1998 -0009539 OF OFFICIAL
RECORDS.
THE FOLLOWING ITEMS AFFECT PARCELS 4,5 AND 6:
49.AN EASEMENT FOR GAS PIPE LINES AND INCIDENTAL PURPOSES IN FAVOR
OF SAN DIEGO GAS AND ELECTRIC COMPANY,RECORDED JANUARY 18,1937
IN BOOK 615,PAGE 65 OF OFFICIAL RECORDS,WHICH AFFECTS SECTION
18 DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE WEST LINE OF SECTION 18,DISTANT
THEREON 2900.18 FEET SOUTH OF THE NORTHWEST CORNER THEREOF;
THENCE FROM SAID POINT OF BEGINNING,NORTH 87°21'EAST 4476.0
FEET;THENCE SOUTH 89°21'EAST TO THE EAST LINE OF SAID ABOVE
MENTIONED NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 18.
IT IS UNDERSTOOD AND AGREED BY THE PARTIES HERETO THAT SAID GAS
PIPE SHALL IN ALL CASES BE BURIED IN THE GROUND AT A SUFFICIENT
DEPTH AS NOT TO INTERFERE WITH AGRICULTURAL DEVELOPMENT.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
AFFECTS PARCEL 4.
50.AN EASEMENT AND RIGHT OF WAY FOR PUBLIC ROAD PURPOSES OVER AND
ACROSS ROAD SURVEY NO.757 ACCORDING TO MAP ON FILE IN THE OFFICE
OF THE COUNTY SURVEYOR AND AS GRANTED TO THE COUNTY OF SAN DIEGO
BY DEED RECORDED OCTOBER 2,1940 IN BOOK 1068,PAGE 496 OF
OFFICIAL RECORDS.
SAID INSTRUMENT ALSO GRANTS THE PRIVILEGE AND RIGHT TO EXTEND AND
MAINTAIN DRAINAGE STRUCTURES AND EXCAVATION AND EMBANKMENT SLOPES
BEYOND THE LIMITS OF SAID RIGHT OF WAY WHERE REQUIRED FOR THE
CONSTRUCTION AND MAINTENANCE THEREOF.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
AFFECTS PARCEL 4.
PAGE 15
ORDER NO.1144050 -6
51.AN EASEMENT FOR ELECTRIC TRANSMISSION LINES TO ERECT,CONSTRUCT,
RECONSTRUCT,REPLACE,REPAIR,MAINTAIN AND USE FROM TIME TO TIME,
FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY AND FOR
TELEPHONE PURPOSES,A LINE OR LINES OF WOOD POLES OR STEEL TOWERS
OR POLES,AND WIRES OR CABLES SUSPENDED THEREON,AND SUPPORTED
THEREBY,INCLUDING WIRES FOR TELEPHONE PURPOSES AND ALL NECESSARY
AND CONVENIENT FOUNDATIONS,CROSS -ARMS AND BRACES AND INCIDENTAL
PURPOSES IN FAVOR OF SAN DIEGO CONSOLIDATED GAS AND ELECTRIC
COMPANY,RECORDED OCTOBER 11,1940 IN BOOK 1078,PAGE 247 OF
OFFICIAL RECORDS,DESCRIBED AS FOLLOWS:
SAID EASEMENT OF RIGHT OF WAY BEING 150 FEET IN WIDTH,THE
SOUTHWESTERLY AND NORTHEASTERLY BOUNDARY LINES OF WHICH ARE
PARALLEL WITH AND 50 FEET SOUTHWESTERLY AND 100 FEET
NORTHEASTERLY,RESPECTIVELY,FROM A LINE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCING AT A POINT ON THE SOUTH LINE OF SAID SECTION 18,
DISTANT THEREON 327.86 FEET WESTERLY FROM THE SOUTHEAST CORNER OF
SAID SECTION 18;THENCE NORTH 28°50'13"WEST,2044.26 FEET,MORE
OR LESS,TO A POINT ON THE EAST LINE OF SAID NORTHWEST QUARTER OF
SOUTHEAST QUARTER OF SECTION 18,WHICH POINT IS THE TRUE POINT OF
BEGINNING CONTINUING NORTH 28°50'13"WEST,A DISTANCE OF 905.3
FEET,MORE OR LESS,TO THE NORTH LINE OF SAID NORTHWEST QUARTER
OF SOUTHEAST QUARTER OF SECTION 18.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
AFFECTS PARCEL 4.
A JOINT USE AGREEMENT DATED SEPTEMBER 23,1993,UPON THE
TERMS,COVENANTS AND CONDITIONS CONTAINED THEREIN.
EXECUTED BY AND BETWEEN:SAN DIEGO GAS &ELECTRIC,A
CORPORATION AND THE CITY OF CARLSBAD,
A MUNICIPAL CORPORATION
RECORDED:SEPTEMBER 30,1993 AS FILE NO.1993 -0647370 OF OFFICIAL
RECORDS.
52.AN EASEMENT FOR EITHER OR BOTH POLE LINES,UNDERGROUND CONDUITS
AND INCIDENTAL PURPOSES TOGETHER WITH THE RIGHT OF INGRESS AND
EGRESS IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY BY
INSTRUMENT RECORDED NOVEMBER 21,1951 IN BOOK 4297,PAGE 314 OF
OFFICIAL RECORDS,DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE WEST LINE OF THE SOUTHEAST QUARTER OF
NORTHWEST QUARTER OF SECTION 19;DISTANT THEREON 550.23 FEET
NORTHERLY FROM THE SOUTHWEST CORNER THEREOF;THENCE FROM SAID
POINT OF BEGINNING NORTH 84°24'EAST 0.56 FEET;THENCE SOUTH
67°03'15"EAST 505.28 FEET.
PAGE 16
ORDER NO.1144050 -6
ALSO:FROM THE ABOVE DESCRIBED POINT OF BEGINNING;THENCE SOUTH
84°24'WEST 1471.83 FEET;THENCE NORTH 58°37'WEST 240.00 FEET.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
AFFECTS PARCEL 4.
53.THE EFFECT,IF ANY,OF RECORD OF SURVEY MAP NO.6416,WHICH SETS
FORTH,OR PURPORTS TO SET FORTH,CERTAIN DIMENSIONS AND BEARINGS
OF THE HEREIN DESCRIBED PROPERTY.
AFFECTS PARCEL 4.
54.AN EASEMENT FOR SEWER LINE AND INCIDENTAL PURPOSES IN FAVOR OF
SAN MARCOS COUNTY WATER DISTRICT,RECORDED OCTOBER 1,1968 AS
FILE NO.170268 OF OFFICIAL RECORDS,DESCRIBED AS FOLLOWS:
AFFECTS A STRIP OF LAND 20.00 FEET WIDE IN THE EAST HALF OF THE
NORTHWEST QUARTER AND THE EAST HALF OF THE NORTHEAST QUARTER OF
SECTION 19,THE CENTER LINE OF SAID 20.00 FOOT STRIP BEING
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE COMMON BOUNDARY BETWEEN SAID SECTIONS
19 AND 24 WHICH IS DISTANT THEREON NORTH 0°03'05"WEST 551.11
FEET FROM THE QUARTER CORNER COMMON TO SAID SECTION 19 AND 24,
BEING POINT "A"OF THIS DESCRIPTION;THENCE SOUTH 72°32'47"WEST
144.96 FEET TO THE BEGINNING OF A TANGENT 500.00 FOOT RADIUS
CURVE,CONCAVE NORTHERLY;THENCE WESTERLY ALONG SAID CURVE 81.62
FEET THROUGH AN ANGLE OF 9°21'11"TO A POINT ON SAID EASTERLY
LINE OF RANCHO AGUA HEDIONDA,DISTANT NORTH 2°38'10"WEST 690.82
FEET FROM CORNER NO.5 OF SAID RANCHO,BEING THE TRUE POINT OF
BEGINNING;THENCE RETRACING EASTERLY TO SAID POINT "A";THENCE
NORTH 72°32'47"EAST 425.99 FEET TO THE BEGINNING OF A TANGENT
500.00 FOOT RADIUS CURVE,CONCAVE NORTHERLY;THENCE EASTERLY
ALONG SAID CURVE 138.00 FEET THROUGH AN ANGLE OF 15°48'48";
THENCE TANGENT TO SAID CURVE NORTH 56°43'59"EAST 48.56 FEET TO
THE BEGINNING OF A TANGENT 200.00 FOOT RADIUS CURVE,CONCAVE
SOUTHERLY;THENCE EASTERLY ALONG SAID CURVE 134.26 FEET THROUGH
AN ANGLE OF 38°27'41";THENCE TANGENT TO SAID CURVE SOUTH
84°48'20"EAST 381.08 FEET TO THE BEGINNING OF A TANGENT 200.00
FOOT RADIUS CURVE,CONCAVE NORTHWESTERLY;THENCE NORTHEASTERLY
ALONG SAID CURVE 236.89 FEET THROUGH AN ANGLE OF 67°51'51";
THENCE TANGENT TO SAID CURVE NORTH 27°19'49"EAST 70.07 FEET TO
THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE,CONCAVE
SOUTHEASTERLY;THENCE NORTHEASTERLY ALONG SAID CURVE 123.96 FEET
THROUGH AN ANGLE OF 28°24'31";THENCE TANGENT TO SAID CURVE NORTH
55°44'20"EAST 53.12 FEET TO THE BEGINNING OF A TANGENT 400.00
FOOT RADIUS CURVE NORTHWESTERLY;THENCE NORTHEASTERLY ALONG SAID
CURVE 100.41 FEET THROUGH AN ANGLE OF 14°23';THENCE TANGENT TO
PAGE 17
ORDER NO.1144050 -6
SAID CURVE NORTH 41°21'20"EAST 40.78 FEET TO THE BEGINNING OF A
TANGENT 400.00 FOOT RADIUS CURVE,CONCAVE SOUTHEASTERLY;THENCE
NORTHEASTERLY ALONG SAID CURVE 253.62 FEET THROUGH AN ANGLE OF
36°19'42";THENCE TANGENT TO SAID CURVE NORTH 77°41'02"EAST
606.59 FEET TO THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS
CURVE,CONCAVE SOUTHERLY;THENCE EASTERLY ALONG SAID CURVE 43.21
FEET THROUGH AN ANGLE OF 9°54'13";THENCE TANGENT TO SAID CURVE
NORTH 87°35'15"EAST 387.03 FEET TO THE BEGINNING OF A TANGENT
250.00 FOOT RADIUS CURVE,CONCAVE NORTHERLY;THENCE EASTERLY
ALONG SAID CURVE 84.60 FEET THROUGH AN ANGLE OF 19°23'20";THENCE
TANGENT TO SAID CURVE NORTH 68°11'55"EAST 205.33 FEET TO THE
BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE,CONCAVE
SOUTHERLY;THENCE EASTERLY ALONG SAID CURVE 95.13 FEET THROUGH AN
ANGLE OF 21°48'05";THENCE TANGENT TO SAID CURVE EAST 102.42 FEET
TO THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE,CONCAVE
SOUTHERLY;THENCE EASTERLY ALONG SAID CURVE 107.19 FEET THROUGH
AN ANGLE OF 24°34'02";THENCE TANGENT TO SAID CURVE SOUTH
65°25'58"EAST 263.37 FEET TO THE BEGINNING OF A TANGENT 250.00
FOOT RADIUS CURVE,CONCAVE SOUTHWESTERLY;THENCE SOUTHEASTERLY
ALONG SAID CURVE 130.98 FEET THROUGH AN ANGLE OF 30°01'08";
THENCE TANGENT TO SAID CURVE SOUTH 35°24'50"EAST 208.31 FEET TO
THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE,CONCAVE
NORTHEASTERLY;THENCE SOUTHEASTERLY ALONG SAID CURVE 93.61 FEET
THROUGH AN ANGLE OF 21°27'14";THENCE TANGENT TO SAID CURVE SOUTH
56°52'04"EAST 351.49 FEET;THENCE SOUTH 60°50'13"EAST 152.27
FEET TO THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE,
CONCAVE SOUTHWESTERLY;THENCE SOUTHEASTERLY ALONG SAID CURVE
140.07 FEET THROUGH AN ANGLE OF 32°06'08"TO A POINT ON THE EAST
LINE OF SAID WEST HALF OF THE NORTHEAST QUARTER OF SECTION 19,
DISTANT NORTH 0°08'43"EAST 744.12 FEET FROM THE SOUTHEAST CORNER
OF SAID WEST HALF OF THE NORTHEAST QUARTER OF SECTION 19,SAID
20.00 FOOT STRIP BEGINS IN THE EASTERLY LINE OF RANCHO AGUA
HEDIONDA AND ENDS IN THE EAST LINE OF THE WEST HALF OF THE
NORTHEAST QUARTER OF SECTION 19.
ALSO:A TEMPORARY 50 FOOT WIDE EASEMENT AND SLOPE RIGHT FOR
CONSTRUCTION OF AN ACCESS AND CONSTRUCTION ROAD AS REQUIRED FOR
THE CONSTRUCTIONS OF A SEWER PIPELINE IN THE EAST HALF OF THE
NORTHWEST QUARTER AND THE WEST HALF OF THE NORTHEAST QUARTER OF
SECTION 19,THE CENTER LINE OF SAID 50 FOOT WIDE TEMPORARY
EASEMENT BEING DESCRIBED AS FOLLOWS:
PAGE 18
ORDER NO.1144050 -6
BEGINNING AT A POINT ON THE COMMON BOUNDARY BETWEEN SECTIONS 19
AND 24 OF SAID TOWNSHIP 12 SOUTH WHICH POINT IS DISTANT THEREON
NORTH 0°03'05"WEST,555.11 FEET FROM THE QUARTER CORNER COMMON
TO SAID SECTIONS 19 AND 24;THENCE NORTH 72°32'47"EAST,425.99
FEET TO THE BEGINNING OF A TANGENT 500.00 FOOT RADIUS CURVE,
CONCAVE NORTHERLY;THENCE EASTERLY ALONG SAID CURVE 138.00 FEET
THROUGH AN ANGLE OF 15°48'48";THENCE TANGENT TO SAID CURVE NORTH
56°43'59"EAST,48.56 FEET TO THE BEGINNING OF A TANGENT 200.00
FOOT RADIUS CURVE,CONCAVE SOUTHERLY;THENCE EASTERLY ALONG SAID
CURVE,134.26 FEET THROUGH AN ANGLE OF 38°27'41";THENCE TANGENT
TO SAID CURVE SOUTH 84°48'20"EAST 381.08 FEET TO THE BEGINNING
OF A TANGENT 200.00 FOOT RADIUS CURVE,CONCAVE NORTHWESTERLY;
THENCE NORTHEASTERLY ALONG SAID CURVE 236.89 FEET THROUGH AN
ANGLE OF 67°51'51";THENCE TANGENT TO SAID CURVE NORTH 27°19'49"
EAST,70.07 FEET TO THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS
CURVE,CONCAVE SOUTHEASTERLY;THENCE NORTHEASTERLY ALONG SAID
CURVE 123.96 FEET THROUGH AN ANGLE OF 28°24'31";THENCE TANGENT
TO SAID CURVE NORTH 55°44'20 EAST,53.12 FEET TO THE BEGINNING OF
A TANGENT 400.00 FOOT RADIUS CURVE NORTHWESTERLY;THENCE
NORTHEASTERLY ALONG SAID CURVE 100.41 FEET THROUGH AN ANGLE OF
14°23'00";THENCE TANGENT TO SAID CURVE NORTH 41°21'20"EAST,
40.78 FEET TO THE BEGINNING OF A TANGENT 400.00 FOOT RADIUS
CURVE,CONCAVE SOUTHEASTERLY;THENCE NORTHEASTERLY ALONG SAID
CURVE 253.62 FEET THROUGH AN ANGLE OF 36°19'42";THENCE TANGENT
TO SAID CURVE NORTH 77°41'02"EAST,606.59 FEET TO THE TRUE POINT
OF BEGINNING OF SAID 50 FOOT WIDE TEMPORARY EASEMENT,SAID POINT
BEING THE BEGINNING OF A 250.00 FOOT RADIUS CURVE,CONCAVE
SOUTHERLY;THENCE EASTERLY ALONG SAID CURVE 43.21 FEET THROUGH AN
ANGLE OF 9°54'13";THENCE TANGENT TO SAID CURVE NORTH 87°35'15"
EAST,387.03 FEET TO THE BEGINNING OF A TANGENT 250.00 FOOT
RADIUS CURVE,CONCAVE NORTHERLY;THENCE EASTERLY ALONG SAID CURVE
84.60 FEET THROUGH AN ANGLE OF 19°23'20";THENCE TANGENT TO SAID
CURVE NORTH 68°11'55"EAST,205.33 FEET TO THE BEGINNING OF A
TANGENT 250.00 FOOT RADIUS CURVE,CONCAVE SOUTHERLY;THENCE
EASTERLY ALONG SAID CURVE 95.13 FEET THROUGH AN ANGLE OF
21°48'05";THENCE TANGENT TO SAID CURVE EAST 102.42 FEET TO THE
BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE,CONCAVE
SOUTHERLY;THENCE EASTERLY ALONG SAID CURVE 107.19 FEET THROUGH
AN ANGLE OF 24°34'02";THENCE TANGENT TO SAID CURVE SOUTH
65°25'58"EAST,263.37 FEET TO THE BEGINNING OF A TANGENT 250.00
FOOT RADIUS CURVE,CONCAVE SOUTHWESTERLY;THENCE SOUTHEASTERLY
ALONG SAID CURVE 130.98 FEET THROUGH AN ANGLE OF 30°01'08";
THENCE TANGENT TO SAID CURVE SOUTH 35°24'50"EAST,208.31 FEET TO
THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE,CONCAVE
NORTHEASTERLY;THENCE SOUTHEASTERLY ALONG SAID CURVE 93.61 FEET
THROUGH AN ANGLE OF 21°27'14";THENCE TANGENT TO SAID CURVE SOUTH
56°52'04"EAST,351.49 FEET;THENCE SOUTH 60°50'13"EAST,152.27
FEET TO THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE,
CONCAVE SOUTHWESTERLY;THENCE SOUTHEASTERLY ALONG SAID CURVE
PAGE 19
ORDER NO.1144050 -6
140.07 FEET THROUGH AN ANGLE OF 32°06'08"TO A POINT ON THE EAST
LINE OF SAID WEST HALF OF THE NORTHEAST QUARTER OF SECTION 19,
DISTANT NORTH 0°08'43"EAST,744.12 FEET FROM THE SOUTHEAST
CORNER OF SAID WEST HALF OF THE NORTHEAST QUARTER OF SECTION 18,
SAID 20.00 FOOT STRIP BEGINS IN THE EASTERLY LINE OF RANCHO AGUA
HEDIONDA AND ENDS IN THE EAST LINE OF THE WEST HALF OF THE
NORTHEAST QUARTER OF SECTION 19.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
AFFECTS PARCEL 4.
BY QUITCLAIM DEED RECORDED JANUARY 8,1998 AS FILE NO.1998 -
0008657 OF OFFICIAL RECORDS A PORTION OF SAID EASEMENT WAS
ELIMINATED.
55.AN EASEMENT FOR THE INSTALLATION,CONSTRUCTION,MAINTENANCE,
REPAIR,REPLACEMENT,RECONSTRUCTION AND INSPECTION OF A DRAINAGE
CHANNEL AND FOR THE FLOWAGE OF ANY WATER AND INCIDENTAL PURPOSES
IN FAVOR OF SAN DIEGO FLOOD CONTROL DISTRICT ZONE I,RECORDED
JUNE 22,1971 AS FILE NO.132730 OF OFFICIAL RECORDS,DESCRIBED
AS FOLLOWS:
LYING WITHIN A 12 FOOT STRIP OF LAND SIX FEET ON EACH SIDE OF THE
FOLLOWING DESCRIBED CENTER LINE:
BEGINNING AT THE SOUTHEAST CORNER OF SECTION 24;THENCE NORTHERLY
ALONG THE EAST LINE OF SAID SECTION NORTH 0°52'06"EAST,A
DISTANCE OF 1122.52 FEET TO THE TRUE POINT OF BEGINNING;THENCE
LEAVING SAID EAST LINE,NORTH 83°00'00"WEST,A DISTANCE OF
200.00 FEET.THE SIDE LINE OF SAID 12 FOOT STRIP SHALL BE
LENGTHENED OR SHORTENED TO TERMINATE IN THE EAST LINE OF SAID
SECTION 24.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
AFFECTS PARCEL 6.
56.AN EASEMENT FOR INGRESS AND EGRESS AND INCIDENTAL PURPOSES IN
FAVOR OF THE SAN DIEGO COUNTY FLOOD CONTROL DISTRICT ZONE 1,
RECORDED DECEMBER 22,1976 AS FILE NO.76 -430334 OF OFFICIAL
RECORDS,DESCRIBED AS FOLLOWS:
PAGE 20
ORDER NO.1144050 -6
COMMENCING AT THE NORTHWESTERLY CORNER OF LOT 553 OF LA COSTA
MEADOWS,UNIT NO.3,MAP NO.7076 FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY;THENCE ALONG THE WESTERLY LINE OF
SAID LOT 553,SOUTH 00°52'06"WEST,79.62 FEET TO A POINT IN A
858.00 FOOT RADIUS CURVE,CONCAVE NORTHERLY,A RADIAL LINE TO
SAID POINT BEARS SOUTH 15°47'52"WEST,SAID POINT BEING ALSO THE
TRUE POINT OF BEGINNING;THENCE WESTERLY ALONG THE ARC OF SAID
CURVE,THROUGH A CENTRAL ANGLE OF 01°02'08",A DISTANCE OF 15.51
FEET;THENCE TANGENT TO SAID CURVE,NORTH 73°10'00"WEST,120.00
FEET TO THE BEGINNING OF A TANGENT 858.00 FOOT RADIUS CURVE,
CONCAVE NORTHEASTERLY;THENCE NORTHWESTERLY ALONG THE ARC OF SAID
CURVE,THROUGH A CENTRAL ANGLE OF 42°55'00",A DISTANCE OF 642.67
FEET;THENCE TANGENT TO SAID CURVE,NORTH 30°15'00"WEST,672.77
FEET;THENCE NORTH 59°45'00"EAST,78.76 FEET;THENCE NORTH
38°30'00"WEST,354.47 FEET;THENCE SOUTH 59°45'00"WEST,112.00
FEET;THENCE 30°15'00"EAST,1,022.27 FEET TO THE BEGINNING OF A
TANGENT 942.00 FOOT RADIUS CURVE,CONCAVE NORTHEASTERLY;THENCE
SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE
OF 13°23'00",A DISTANCE OF 220.03 FEET TO A POINT IN THE
BOUNDARY OF THAT LAND CONVEYED TO CARRILLO RANCHO PARTNERSHIP BY
DEED RECORDED SEPTEMBER 1,1976 AS FILE NO.76 -287140 OF OFFICIAL
RECORDS,IN SAID RECORDER'S OFFICE AS SAID POINT BEING NORTH
46°20'00"EAST,40.83 FEET FROM THE BEGINNING OF THAT CERTAIN
COURSE NORTH 46°20'00"EAST,82.83 FEET IN SAID DEED;THENCE
ALONG SAID BOUNDARY NORTH 46°20'00"EAST,42.00 FEET TO THE
BEGINNING OF A NON-TANGENT 900.00 FOOT RADIUS CURVE,CONCAVE
NORTHEASTERLY,A RADIAL TO SAID CURVE BEARS SOUTH 46°22'00"EAST;
THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 29°32'00",A DISTANCE OF 463.91 FEET;THENCE
SOUTH 73°10'00"EAST,120.00 FEET TO THE BEGINNING OF A TANGENT
900.00 FOOT RADIUS CURVE,CONCAVE NORTHERLY;THENCE EASTERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 1°44'50",
A DISTANCE OF 27.45 FEET TO THE BOUNDARY OF SAID MAP NO.7076;
THENCE ALONG SAID BOUNDARY,NORTH 00°52'06"EAST,43.38 FEET TO
THE TRUE POINT OF BEGINNING.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
AFFECTS PARCEL 6.
57.AN EASEMENT FOR THE INSTALLATION,CONSTRUCTION,MAINTENANCE,
REPAIR,REPLACEMENT,RECONSTRUCTION AND INSPECTION OF AN ENCLOSED
OR UNENCLOSED FLOOD DRAINAGE CHANNEL AND INCIDENTAL PURPOSES IN
FAVOR OF THE SAN DIEGO FLOOD CONTROL DISTRICT ZONE 1,RECORDED
DECEMBER 22,1976 AS FILE NO.76 -430335 OF OFFICIAL RECORDS,
DESCRIBED AS FOLLOWS:
PAGE 21
ORDER NO.1144050 -6
PARCEL A:
A STRIP OF LAND 10.00 FEET IN WIDTH,THE SIDELINES OF SAID STRIP
BEING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED
CENTERLINE:
COMMENCING AT THE NORTHWEST CORNER OF LOT 553 OF LA COSTA MEADOWS
UNIT NO.3,ACCORDING TO MAP THEREOF NO.7076,FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,THENCE ALONG THE
WESTERLY LINE OF SAID LOT 553,SOUTH 00°52'06"WEST,79.62 FEET
TO A POINT IN AN 858.00 FOOT RADIUS CURVE,CONCAVE NORTHERLY,A
RADIAL TO SAID POINT BEARS SOUTH 15°47'52"WEST;THENCE WESTERLY
ALONG THE ARC OF SAID CURVE,THROUGH A CENTRAL ANGLE OF 01°02'08"
A DISTANCE OF 15.51 FEET;THENCE TANGENT TO SAID CURVE NORTH
73°10'00"WEST,61.65 FEET TO A POINT HEREINAFTER REFERRED TO AS
POINT "A";THENCE NORTH 09°42'30"EAST,50.00 FEET TO THE TRUE
POINT OF BEGINNING;THENCE RETRACING SOUTH 09°42'30"WEST,92.33
FEET TO THE BOUNDARY OF THAT LAND CONVEYED TO CARRILLO RANCHO
PARTNERSHIP BY DEED RECORDED SEPTEMBER 1,1976 AS FILE NO.
76 -287140 OF OFFICIAL RECORDS OF SAID RECORDER'S OFFICE.SAID
STRIP TO TERMINATE SOUTHERLY IN SAID BOUNDARY.
PARCEL B:
A STRIP OF LAND 10.00 FEET IN WIDTH,THE SIDELINES OF SAID STRIP
BEING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED
CENTERLINE:
COMMENCING AT AFOREDESCRIBED POINT "A";THENCE NORTH 73°10'00"
WEST,58.35 FEET TO THE BEGINNING OF A TANGENT 858.00 FOOT RADIUS
CURVE,CONCAVE NORTHEASTERLY;THENCE NORTHWESTERLY ALONG THE ARC
OF SAID CURVE,THROUGH A CENTRAL ANGLE OF 42°55'00",A DISTANCE
OF 642.67 FEET;THENCE TANGENT TO SAID CURVE NORTH 30°15'00"
WEST,29.27 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "B";
THENCE NORTH 52°32'25"EAST,20.16 FEET TO THE TRUE POINT OF
BEGINNING THENCE RETRACING SOUTH 52°32'25"WEST,20.16 FEET;
THENCE SOUTH 59°45'00"WEST,88.04 FEET TO THE BEGINNING OF A
TANGENT 180.00 FOOT RADIUS CURVE,CONCAVE SOUTHEASTERLY;THENCE
SOUTHERLY ALONG THE ARC OF SAID CURVE,THROUGH A CENTRAL ANGLE OF
53°30'00",A DISTANCE OF 168.08 FEET;THENCE TANGENT TO SAID
CURVE SOUTH 06°15'00"WEST,83.45 FEET TO SAID CARRILLO RANCHO
PARTNERSHIP BOUNDARY.
THE SIDELINES OF SAID STRIP SHALL BE LENGTHENED AND/OR SHORTENED
SO AS TO TERMINATE NORTHERLY IN A LINE THAT BEARS NORTH 30°15'00"
WEST THROUGH THE TRUE POINT OF BEGINNING,AND SOUTHERLY IN SAID
CARRILLO RANCHO PARTNERSHIP BOUNDARY.
PAGE 22
ORDER NO.1144050 -6
PARCEL C:
COMMENCING AT AFOREDESCRIBED POINT "B",THENCE NORTH 30°15'00"
WEST,643.00 FEET TO THE TRUE POINT OF BEGINNING;THENCE SOUTH
30°15'00"EAST,77.55 FEET;THENCE NORTH 59°45'00"EAST,20.00
FEET;THENCE SOUTH 30°15'00"EAST,594.72 FEET TO THE BEGINNING
OF A TANGENT 838.00 FOOT RADIUS CURVE,CONCAVE NORTHEASTERLY;
THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE,THROUGH A
CENTRAL ANGLE OF 15°35'35",A DISTANCE OF 228.06 FEET;THENCE
ALONG A NON-TANGENT LINE SOUTH 72°00'00"EAST,320.78 FEET;
THENCE NORTH 18°00'00"EAST,53.85 FEET;THENCE NORTH 72°00'00"
WEST,294.33 FEET TO THE BEGINNING OF A NON -TANGENT 778.00 FOOT
RADIUS CURVE,CONCAVE NORTHEASTERLY A RADIAL LINE TO SAID POINT
BEARS SOUTH 44°09'25"WEST;THENCE NORTHWESTERLY ALONG THE ARC OF
SAID CURVE,THROUGH A CENTRAL ANGLE OF 15°35'35",A DISTANCE OF
211.73 FEET;THENCE TANGENT TO SAID CURVE NORTH 30°15'00"WEST,
549.72 FEET;THENCE NORTH 59°45'00"EAST,10.00 FEET;THENCE
NORTH 38°30'00"WEST,78.36 FEET;THENCE SOUTH 59°45'00"WEST,
78.76 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL D:
A STRIP OF LAND 10.00 FEET IN WIDTH,THE SIDELINES OF SAID STRIP
BEING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED
CENTERLINE:
COMMENCING AT AFOREDESCRIBED POINT "B";THENCE SOUTH 59°45'00"
WEST,84.00 FEET;THENCE NORTH 30°15'00"WEST,588.72 FEET;TO A
POINT HEREINAFTER REFERRED TO AS POINT "C";THENCE SOUTH
43°50'00"WEST,417.74 FEET TO SAID CARRILLO RANCHO PARTNERSHIP
BOUNDARY AND THE TRUE POINT OF BEGINNING;THENCE RETRACING NORTH
43°50'00"EAST,426.06 FEET;THENCE NORTH 59°45'00"EAST,76.00
FEET TO THE SOUTHERLY LINE OF AFOREDESCRIBED PARCEL C.
SAID STRIP SHALL TERMINATE NORTHEASTERLY IN SAID SOUTHERLY LINE
OF PARCEL C AND TERMINATE SOUTHWESTERLY IN SAID CARRILLO RANCHO
PARTNERSHIP BOUNDARY.
PARCEL E:
A STRIP OF LAND 12.00 FEET IN WIDTH,THE SIDELINES OF SAID STRIP
BEING 6.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED
CENTERLINE:
COMMENCING AT AFOREDESCRIBED POINT "C";THENCE NORTH 30°15'00"
WEST,387.61 FEET TO THE TRUE POINT OF BEGINNING;THENCE SOUTH
86°15'00"EAST,140.66 FEET TO THE POINT OF TERMINUS.
PAGE 23
ORDER NO.1144050 -6
THE SIDELINES OF SAID STRIP SHALL BE LENGTHENED AND/OR SHORTENED
SO AS TO TERMINATE SOUTHWESTERLY IN A LINE THAT BEARS NORTH
30°15'00"WEST THROUGH THE TRUE POINT OF BEGINNING.
PARCEL F:
COMMENCING AT AFOREDESCRIBED POINT "C";THENCE NORTH 30°15'00"
WEST,404.28 FEET TO THE TRUE POINT OF BEGINNING;THENCE
CONTINUING NORTH 30°15'00"WEST,35.00 FEET;THENCE SOUTH
59°45'00"WEST,40.00 FEET;THENCE SOUTH 30°15'00"EAST,80.00
FEET;THENCE NORTH 59°45'00"EAST,40.00 FEET;THENCE NORTH
30°15'00"WEST,45.00 FEET TO THE TRUE POINT OF BEGINNING.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
AFFECTS PARCEL 6.
58.AN IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY FOR PUBLIC RIGHT
OF WAY PURPOSES,DATED DECEMBER 30,1976 IN FAVOR OF THE CITY OF
CARLSBAD UPON THE TERMS AND CONDITIONS CONTAINED THEREIN,
RECORDED JANUARY 31,1977 AS FILE NO.77 -036527 OF OFFICIAL
RECORDS.
THE ROUTE THEREOF IS DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF LOT 553 OF SAID MAP NO.
7076;THENCE SOUTH ALONG THE EAST LINE OF SAID SECTION 24,SOUTH
00°52'06"WEST,
F4172LTPAISI ilD=A(4TDTgli I\STA%HMAIPYNF07117(T)7(6)F,
SAID POINT ALSO BEING ON THE ARC OF A 858 FOOT RADIUS CURVE,
CONCAVE NORTHERLY,A RADIAL LINE TO SAID POINT BEARS SOUTH
15°47'52"WEST,SAID POINT ALSO BEING THE TRUE POINT OF
BEGINNING;THENCE WESTERLY ALONG SAID CURVE A DISTANCE OF 15.51
FEET THROUGH A CENTRAL OF 01°03'08";THENCE TANGENT TO SAID CURVE
NORTH 73°10'00"WEST,120.00 FEET TO THE BEGINNING OF A TANGENT
858 FOOT RADIUS CURVE,CONCAVE NORTHERLY;THENCE WESTERLY ALONG
SAID CURVE A DISTANCE OF 642.67 FEET THROUGH A CENTRAL ANGLE OF
42°55'00";THENCE TANGENT TO SAID CURVE,NORTH 30°15'00"WEST,A
DISTANCE OF 1281.47 FEET TO A POINT ON THE BOUNDARY OF RANCHO
AGUA HEDIONDA ACCORDING TO MAP THEREOF NO.823 FILED IN THE
OFFICE OF SAID COUNTY RECORDER;THENCE NORTH 89°26'46"WEST ALONG
SAID BOUNDARY A DISTANCE OF 97.55 FEET TO A POINT ON THE ARC OF
A NON -TANGENT 942.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY,A
RADIAL LINE TO SAID POINT BEARS SOUTH 60°57'41"WEST;THENCE
SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE
OF 01°12'41"A DISTANCE OF 19.92 FEET;THENCE TANGENT TO SAID
CURVE SOUTH 30°15'00"EAST A DISTANCE OF 1311.51 FEET TO THE
BEGINNING OF A TANGENT 942.00 FOOT RADIUS CURVE,CONCAVE
NORTHERLY;THENCE EASTERLY ALONG SAID CURVE A DISTANCE OF 220.03
PAGE 24
ORDER NO.1144050 -6
FEET THROUGH A CENTRAL ANGLE OF 13°23'00"TO A POINT,A RADIAL
LINE TO SAID POINT BEARS SOUTH 46°22'00"WEST;THENCE ALONG SAID
RADIAL LINE NORTH 46°22'00"EAST,42.00 FEET TO A POINT ON THE
ARC OF A NON-TANGENT 900.00 FOOT RADIUS CURVE,CONCAVE NORTHERLY,
SAID CURVE BEING CONCENTRIC WITH THE LAST MENTIONED 942.00 FOOT
RADIUS CURVE;THENCE EASTERLY ALONG SAID 900.00 FOOT RADIUS CURVE
A DISTANCE OF 463.91 FEET THROUGH A CENTRAL ANGLE OF 29°32'00";
THENCE TANGENT TO SAID CURVE SOUTH 73°10'00"EAST,120.00 FEET TO
THE BEGINNING OF A TANGENT 900.00 FOOT RADIUS CURVE,CONCAVE
NORTHERLY;THENCE EASTERLY ALONG SAID CURVE A DISTANCE OF 27.45
FEET THROUGH A CENTRAL ANGLE OF 01°44'50"TO A POINT ON THE
WESTERLY LINE OF SAID LOT 553,A RADIAL LINE TO SAID POINT BEARS
SOUTH 15°05'10"WEST;THENCE LEAVING SAID CURVE NORTH 00°52'06"
EAST,43.38 FEET TO THE TRUE POINT OF BEGINNING.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
AFFECTS PARCEL 6.
59.AN EASEMENT FOR PUBLIC ROAD AND INCIDENTAL PURPOSES IN FAVOR OF
THE CITY OF CARLSBAD,RECORDED FEBRUARY 24,1977 AS FILE NO.
77 -068082 OF OFFICIAL RECORDS,DESCRIBED AS FOLLOWS:
A STRIP OF LAND 60.00 FEET IN WIDTH,FOR ROAD PURPOSES LYING
WITHIN PORTIONS OF THE NORTH HALF OF SECTION 19 AND THE SOUTH
HALF OF SECTION 18,TOWNSHIP 12 SOUTH,RANGE 3 WEST,SAN
BERNARDINO BASE AND MERIDIAN,ACCORDING TO OFFICIAL PLAT THEREOF,
IN THE CITY OF CARLSBAD,COUNTY OF SAN DIEGO,STATE OF
CALIFORNIA,THE CENTERLINE OF SAID STRIP BEING DESCRIBED AS•
FOLLOWS:
BEGINNING AT THE NORTH QUARTER CORNER OF SAID SECTION 19,FROM
WHICH THE NORTHWEST CORNER OF SAID SECTION 19 BEARS NORTH
89°39'01"WEST;THENCE NORTH 86°11'20"WEST 329.50 FEET;THENCE
SOUTH 15°16'35"WEST 1410.75 FEET;THENCE SOUTH 24°54'09"WEST
59.00 FEET TO THE TRUE POINT OF BEGINNING;THENCE RETRACING THE
LAST MENTIONED COURSE NORTH 24°54'09"EAST 59.00 FEET;THENCE
NORTH 21°31'51"WEST 238.97 FEET;THENCE NORTH 18°07'34"EAST
1486.58 FEET;THENCE NORTH 15°06'41"WEST 541.75 FEET;THENCE
NORTH 14°36'45"EAST 733.41 FEET;THENCE NORTH 08°16'44"WEST
369.00 FEET,MORE OR LESS,TO A POINT IN THE SOUTHERLY RIGHT OF
WAY LINE OF PALOMAR AIRPORT ROAD.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
AFFECTS PARCEL 4
1 PAGE 25
ORDER NO.1144050 -6
60.A CERTIFICATE OF COMPLIANCE AFFECTING PARCEL 4 HEREIN DESCRIBED
HAS BEEN RECORDED JUNE 29,1978 AS FILE NO.78 -272812 OF OFFICIAL
RECORDS.
61.AN AGREEMENT REGARDING LICENSE TO ALLOW GRADING,DATED
NOVEMBER 7,1980,UPON THE TERMS,COVENANTS,AND CONDITIONS
CONTAINED THEREIN.
EXECUTED BY AND BETWEEN:THE DAON CORPORATION,A DELAWARE
CORPORATION AND THE ANDEN GROUP,A
GENERAL PARTNERSHIP.
RECORDED:NOVEMBER 26,1980 AS FILE NO.80 -400932 OF OFFICIAL
RECORDS.
62.AN EASEMENT FOR POLES,WIRES,CABLES,UNDERGROUND FACILITIES AND
APPURTENANCES FOR THE TRANSMISSION AND DISTRIBUTION OF
ELECTRICITY,PIPELINES,COMMUNICATION FACILITIES,OVERHEAD AND/OR
UNDERGROUND APPURTENANCES AND GRANTEE ALSO HAS THE RIGHT OF
INGRESS AND EGRESS,TO,FROM AND ALONG THIS EASEMENT AND
INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO GAS AND ELECTRIC
COMPANY,A CORPORATION,RECORDED AUGUST 13,1981 AS FILE NO.
81 -258011 OF OFFICIAL RECORDS,DESCRIBED AS FOLLOWS:
SAID EASEMENT SHALL BE 8.00 FEET IN WIDTH,BEING 4.00 FEET
MEASURED AT RIGHT ANGLES ON EACH SIDE OF THE FOLLOWING DESCRIBED
CENTER LINE:
COMMENCING AT THE NORTHWEST CORNER OF PARCEL 1 OF PARCEL MAP NO.
10179,FILED JUNE 27,1980 AS FILE NO.80 -204502 OF OFFICIAL
RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF
SAN DIEGO,SAID CORNER BEARS NORTH 89°46'50"WEST,1248.83 FEET
FROM AN ANGLE POINT IN THE NORTHERLY BOUNDARY THEREOF;THENCE
LEAVING SAID NORTHWEST CORNER SOUTH 11°19'38"WEST 4.09 FEET;
THENCE SOUTH 89°46'50"EAST 164.58 FEET TO THE TRUE POINT OF
BEGINNING OF THE CENTER LINE HEREIN DESCRIBED;THENCE FROM SAID
TRUE POINT OF BEGINNING NORTH 63°26'37"EAST 17.61 FEET.
SAID INSTRUMENT FURTHER RECITES:"IT IS UNDERSTOOD BY THE
PARTIES HERETO THAT THE GRANTEE MAY PLACE,ERECT AND MAINTAIN ON
THE LANDS OF THE GRANTOR ADJACENT TO THE ABOVE DESCRIBED RIGHT OF
WAY SUCH ANCHORAGE AS MAY BE NECESSARY TO PROPERLY GUY THE POWER
LINE ERECTED OVER SAID RIGHT OF WAY."
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
AFFECTS PARCEL 4.
PAGE 26
aolimsemorso
0
ORDER NO.1144050 -6
63.AN AGREEMENT REGARDING PUBLIC FACILITIES FEES,DATED AUGUST 13,
1981,UPON THE TERMS,COVENANTS,AND CONDITIONS CONTAINED
THEREIN.
EXECUTED BY AND BETWEEN:DAON CORPORATION,A DELAWARE
CORPORATION AND THE CITY OF
CARLSBAD.
RECORDED:SEPTEMBER 25,1981 AS FILE NO.81 -305685 OF OFFICIAL
RECORDS.
64.NOTE:A CERTIFICATE OF COMPLIANCE AFFECTING THE HEREIN DESCRIBED
PROPERTY WAS RECORDED JULY 20,1982 AS FILE NO.82 -221295 OF
OFFICIAL RECORDS.
65.THE EFFECT,IF ANY,OF RECORD OF SURVEY MAP NOS.9112 AND 9461,
WHICH SETS FORTH,OR PURPORTS TO SET FORTH,CERTAIN DIMENSIONS
AND BEARINGS OF THE HEREIN DESCRIBED PROPERTY.
66.AN AGREEMENT REGARDING THE RIGHT OF ENTRY TO INSTALL THEREIN
EFFLUENT TRANSMISSION LINES FROM THE DISTRICT FACILITIES TO THE
ENCINA FACILITIES,DATED FEBRUARY 8,1984,UPON THE TERMS,
COVENANTS,AND CONDITIONS CONTAINED THEREIN.
EXECUTED BY AND BETWEEN:SAN MARCOS COUNTY WATER DISTRICT
AND CARRILLO RANCHO PARTNERSHIP,A
GENERAL PARTNERSHIP.
RECORDED:FEBRUARY 14,1984 AS FILE NO.84 -055590 OF OFFICIAL
RECORDS.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
AFFECTS PARCEL 4.
67.AN EASEMENT TO ERECT,CONSTRUCT,RECONSTRUCT,REPLACE,REPAIR,
MAINTAIN AND USE A PIPELINE OR PIPELINES FOR ANY AND ALL
PURPOSES,TOGETHER WITH THEIR NECESSARY FIXTURES AND
APPURTENANCES INCLUDING BUT NOT LIMITED TO CONDUITS AND CABLES
FOR POWER TRANSMISSION AND COMMUNICATION PURPOSES,TOGETHER WITH
THE RIGHT OF INGRESS THERETO AND EGRESS THEREFROM AND INCIDENTAL
PURPOSES IN FAVOR OF SAN MARCOS COUNTY WATER DISTRICT,RECORDED
FEBRUARY 13,1987 AS FILE NO.86 -058612 OF OFFICIAL RECORDS,
DESCRIBED AS FOLLOWS:
PARCEL 1:
A STRIP OF LAND 20.00 FEET IN WIDTH THE CENTER LINE OF WHICH IS
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
PAGE 27
ORDER NO.1144050 -6
COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF
THE SOUTHEAST QUARTER OF SECTION 18 AS SHOWN ON RECORD OF SURVEY
MAP NO.9112,RECORDED AUGUST 5,1982 AS FILE NO.82 -241289 OF
OFFICIAL RECORDS IN THE COUNTY OF SAN DIEGO,STATE OF CALIFORNIA;
THENCE NORTH 0°38'45"EAST (RECORD -NORTH 0°39'50"EAST)ALONG
THE EAST LINE OF THE WEST ONE HALF OF SAID SOUTHEAST QUARTER OF
SECTION 18,A DISTANCE OF 1,147.55 FEET TO THE TRUE POINT OF
BEGINNING;THENCE LEAVING SAID EAST LINE NORTH 90°00'00"WEST,A
DISTANCE OF 292.90 FEET;THENCE SOUTH 14°41'50"WEST 126.13 FEET;
THENCE SOUTH 62°01'14"WEST A DISTANCE OF 362.35 FEET;THENCE
SOUTH 75°24'53"WEST A DISTANCE OF 202.53 FEET;THENCE SOUTH
54°27'44"WEST A DISTANCE OF 77.42 FEET;THENCE SOUTH 33°03'43"
WEST A DISTANCE OF 126.48 FEET;THENCE SOUTH 45°16'41"WEST A
DISTANCE OF 173.52 FEET TO THE BEGINNING OF A TANGENT 600.00 FOOT
RADIUS CURVE CONCAVE NORTHWESTERLY;THENCE SOUTHWESTERLY ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 22°13'06"A
DISTANCE OF 232.67 FEET;THENCE TANGENT TO SAID CURVE SOUTH
67°29'47"WEST A DISTANCE OF 33.72 FEET;THENCE SOUTH 07°50'47"
WEST A DISTANCE OF 160.29 FEET TO THE BEGINNING OF A TANGENT
600.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY;THENCE
SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE
OF 23°36'24"A DISTANCE OF 247.21 FEET;THENCE TANGENT TO SAID
CURVE SOUTH 31°27'11"WEST A DISTANCE OF 65.58 FEET TO THE
BEGINNING OF A TANGENT 2500.00 FOOT RADIUS CURVE CONCAVE
NORTHWESTERLY;THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 12°22'08"A DISTANCE OF 539.69 FEET;
THENCE TANGENT TO SAID CURVE SOUTH 43°49'19"WEST A DISTANCE OF
90.04 FEET TO THE BEGINNING OF A TANGENT 500.00 FOOT RADIUS CURVE
CONCAVE SOUTHEASTERLY;THENCE SOUTHWESTERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 41°28'30"A DISTANCE OF 361.94
FEET;THENCE TANGENT TO SAID CURVE SOUTH 02°20'49"WEST A
DISTANCE OF 357.49 FEET TO A POINT IN THE NORTHERLY LINE OF AN
EASEMENT,20.00 FEET IN WIDTH,GRANTED TO THE SAN MARCOS COUNTY
WATER DISTRICT AND DESCRIBED IN DOCUMENT RECORDED OCTOBER 1,1968
AS FILE NO.170268 OF OFFICIAL RECORDS,OF THE COUNTY OF SAN
DIEGO,STATE OF CALIFORNIA.
THE SIDELINES OF SAID STRIP SHALL BE LENGTHENED OR FORESHORTENED
SO AS TO TERMINATE SOUTHERLY IN THE NORTHERLY LINE OF SAID
EASEMENT TO THE SAN MARCOS COUNTY WATER DISTRICT AND SO AS TO
TERMINATE EASTERLY IN THE AFOREMENTIONED EAST LINE OF THE WEST
ONE HALF OF THE SOUTHEAST QUARTER OF SECTION 18.
PAGE 28
0
ORDER NO.1144050 -6
PARCEL 2:
A STRIP OF LAND 10.00 FEET IN WIDTH,THE SOUTHERLY LINE OF SAID
STRIP BEING THE NORTHERLY LINE OF THAT PORTION OF AN EASEMENT,
20.00 FEET IN WIDTH,GRANTED TO THE SAN MARCOS COUNTY WATER
DISTRICT AND DESCRIBED IN DOCUMENT RECORDED OCTOBER 1,1968 AS
FILE NO.170268 OF OFFICIAL RECORDS,OF THE COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA,THE CENTERLINE OF SAID 20.00 FOOT EASEMENT
BEING DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE COMMON BOUNDARY BETWEEN SECTION 19,
TOWNSHIP 12 SOUTH,RANGE 3 WEST,SAN BERNARDINO MERIDIAN,AND
SECTION 24,TOWNSHIP 12 SOUTH,RANGE 4 WEST,SAN BERNARDINO
MERIDIAN,ALL IN THE COUNTY OF SAN DIEGO,STATE OF CALIFORNIA,
ACCORDING TO OFFICIAL PLAT THEREOF,DISTANT THEREON NORTH
0°03'05"WEST 551.11 FEET FROM THE QUARTER CORNER TO SAID
SECTIONS 19 AND 24,BEING POINT "A"OF THIS DESCRIPTION.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
AFFECTS PARCEL 4
BY QUITCLAIM DEED RECORDED JANUARY 8,1998 AS FILE NO.1998 -
0008657 OF OFFICIAL RECORDS A PORTION OF SAID EASEMENT WAS
ELIMINATED.
68.AN EASEMENT FOR TEMPORARY WORKING STRIP OF LAND,TO USE AND
OCCUPY SAID TEMPORARY WORKING STRIP FOR THE PURPOSE OF
CONSTRUCTING A PIPELINE AND INCIDENTAL PURPOSES IN FAVOR OF SAN
MARCOS COUNTY WATER DISTRICT,RECORDED FEBRUARY 13,1986 AS FILE
NO.86 -058612 OF OFFICIAL RECORDS,DESCRIBED AS FOLLOWS:
ONE STRIP OF LAND 15.00 FEET OF EVEN WIDTH,SAID 15.00 FOOT STRIP
OF LAND LYING NORTHERLY OF EASEMENT OF RIGHT OF WAY AS DESCRIBED
IN PARCEL 2 ABOVE AND TWO STRIPS OF LAND 10.00 FEET OF EVEN
WIDTH,SAID 10.00 STRIPS OF LAND LYING ON EACH SIDE OF THE
EASEMENT OF RIGHT OF WAY AS DESCRIBED IN PARCEL 1 ABOVE;THENCE
SOUTH 72°32'47"WEST 144.96 FEET TO THE BEGINNING OF A TANGENT
500.00 FOOT RADIUS CURVE CONCAVE NORTHERLY;THENCE WESTERLY ALONG
SAID CURVE 81.62 FEET THROUGH AN ANGLE OF 09°21'11"TO A POINT ON
THE EASTERLY LINE OF RANCHO AGUA HEDIONDA AS SAID RANCHO LINE IS
SHOWN ON UNITED STATES GOVERNMENT SURVEY OF TOWNSHIP 12 SOUTH,
RANGE 4 WEST,SAN BERNARDINO MERIDIAN,APPROVED SEPTEMBER 17,
1915,DISTANT NORTH 02°38'10"WEST 690.82 FEET FROM CORNER NO.5
OF SAID RANCHO,BEING THE TRUE POINT OF BEGINNING;THENCE
RETRACING EASTERLY TO SAID POINT "A";THENCE NORTH 72°32'47"EAST
425.99 FEET TO THE BEGINNING OF A TANGENT 500.00 FOOT RADIUS
CURVE CONCAVE NORTHERLY;THENCE EASTERLY ALONG SAID CURVE 138.00
FEET THROUGH AN ANGLE OF 15°48'48";THENCE TANGENT TO SAID CURVE
PAGE 29
Cs)
ORDER NO.1144050 -6
NORTH 56°43'59"EAST 48.56 FEET TO THE BEGINNING OF A TANGENT
200.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY;THENCE EASTERLY ALONG
SAID CURVE 134.26 FEET THROUGH AN ANGLE OF 33°17'41";THENCE
TANGENT TO SAID CURVE SOUTH 84°48'20"EAST 381.08 FEET TO THE
BEGINNING OF A TANGENT 200.00 FOOT RADIUS CURVE CONCAVE
NORTHWESTERLY;THENCE NORTHEASTERLY ALONG SAID CURVE 236.89 FEET
THROUGH AN ANGLE OF 67°51'51";THENCE TANGENT TO SAID CURVE NORTH
27°19'49"EAST 70.07 FEET TO THE BEGINNING OF A TANGENT 250.00
FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY;THENCE NORTHEASTERLY
ALONG SAID CURVE 123.96 FEET THROUGH AN ANGLE OF 38°24'31";
THENCE TANGENT TO SAID CURVE NORTH 55°44'20"EAST 53.12 FEET TO
THE BEGINNING OF A TANGENT 400.00 FOOT RADIUS CURVE
NORTHWESTERLY;THENCE NORTHEASTERLY ALONG SAID CURVE 100.41 FEET
THROUGH AN ANGLE OF 14°23'00";THENCE TANGENT TO SAID CURVE NORTH
41°21'20"EAST 40.78 FEET TO THE BEGINNING OF A TANGENT 400.00
FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY;THENCE NORTHEASTERLY
ALONG SAID CURVE 253.62 FEET THROUGH AN ANGLE OF 36°19'42";
THENCE TANGENT TO SAID CURVE NORTH 77°41'02"EAST 606.59 FEET TO
THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE CONCAVE
SOUTHERLY;THENCE EASTERLY ALONG SAID CURVE 43.21 FEET THROUGH AN
ANGLE OF 09°54'13";THENCE TANGENT TO SAID CURVE NORTH 87°35'15"
EAST 9.93 FEET TO A POINT IN THE WESTERLY LINE OF PARCEL 1 ABOVE
DESCRIBED.
THE SIDELINES OF SAID STRIP SHALL BE FORESHORTENED OR LENGTHENED
SO AS TO TERMINATE WESTERLY IN THE WESTERLY LINE OF SAID SECTION
19 AND TERMINATE EASTERLY IN THE WESTERLY LINE OF PARCEL 1 ABOVE
DESCRIBED.
EXCEPTING THEREFROM THOSE PORTIONS THEREOF NOT LYING WITHIN THE
LANDS FIRST ABOVE DESCRIBED.
IT IS HEREBY UNDERSTOOD AND AGREED UPON BY THE GRANTOR AND
GRANTEE HEREIN,THAT THE RIGHT AND PRIVILEGE SET FORTH FOR THE
USE OF THE ABOVE DESCRIBED TEMPORARY WORKING STRIP SHALL BE IN
FULL FORCE AND EFFECT FROM THE DATE OF EXECUTION OF THIS
INSTRUMENT,AND SHALL CONTINUE IN FULL DURING THE CONSTRUCTION OF
SAID PIPELINE AND THAT UPON COMPLETION,FINAL INSPECTION,AND
RECORDATION OF NOTICE OF COMPLETION OF SAID PIPELINE,THE
EASEMENT FOR THE TEMPORARY WORKING STRIP HEREBY GRANTED AND
DESCRIBED ABOVE,SHALL CEASE AND TERMINATE,AND BECOME OF NO
FURTHER FORCE OR EFFECT.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
PAGE 30
0
ORDER NO.1144050 -6
69.AN AGREEMENT REGARDING PAYMENT OF A PUBLIC FACILITIES FEE,DATED
JULY 12,1991,UPON THE TERMS,COVENANTS,AND CONDITIONS
CONTAINED THEREIN.
EXECUTED BY AND BETWEEN:PACIFIC SCENE INC.,A CORPORATION
AND CONTINENTAL HOMES INC.,A
CORPORATION AND THE CITY OF
CARLSBAD,A MUNICIPAL CORPORATION
RECORDED:AUGUST 5,1991 AS FILE NO.1991 -0390280 OF OFFICIAL
RECORDS.
70.AN EASEMENT FOR STREET,PUBLIC UTILITY,SLOPE AND TEMPORARY
CONSTRUCTION AND INCIDENTAL PURPOSES IN FAVOR OF THE CITY OF
CARLSBAD,RECORDED JUNE 2,1992 AS FILE NO.1992 -0339771 OF
OFFICIAL RECORDS,LOCATED WITHIN PORTIONS OF THE HEREIN DESCRIBED
PROPERTY AS MORE PARTICULARLY DESCRIBED ON EXHIBIT "A"ATTACHED
TO SAID INSTRUMENT.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
71.AN AGREEMENT BETWEEN DEVELOPER -OWNER AND THE CITY OF CARLSBAD FOR
THE PAYMENT OF A PUBLIC FACILITIES FEE FOR INSIDE THE BOUNDARIES
OF COMMUNITY FACILITIES DISTRICT NO.1 EXECUTED BY L&W
INVESTMENTS,UPON THE TERMS,COVENANTS AND CONDITIONS CONTAINED
THEREIN,RECORDED APRIL 14,1993 AS FILE NO.1993 -0228560 OF
OFFICIAL RECORDS.
72.AN EASEMENT TO ERECT,CONSTRUCT,RECONSTRUCT,REPLACE,REPAIR,
MAINTAIN AND USE,ONE OR MORE LINE OR LINES OF POLES AND/OR
TOWERS,WITH WIRES AND CABLES SUSPENDED THEREON AND SUPPORTED
THEREBY,AND UNDERGROUND CONDUITS,WIRES,CABLES,VAULTS AND
MANHOLES,FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY,
AND FOR ALL OTHER PURPOSES CONNECTED THEREWITH,AND FOR
TELEPHONE,SIGNAL AND COMMUNICATION PURPOSES,INCLUDING GUYS,
ANCHORAGE,CROSSARMS,BRACES AND INCIDENTAL PURPOSES IN FAVOR OF
SAN DIEGO GAS &ELECTRIC COMPANY,RECORDED JULY 16,1993 AS FILE
NO.1993 -0456288 OF OFFICIAL RECORDS.
THE ROUTE OF SAID EASEMENT IS SET OUT IN SAID DOCUMENT AND
AFFECTS A PORTION OF THE HEREIN DESCRIBED PROPERTY.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
PAGE 31
0
ORDER NO.1144050 -6
73.AN AGREEMENT REGARDING PAYMENT OF A PUBLIC FACILITIES FEE FOR
INSIDE THE BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO.1,
DATED JULY 13,1993,UPON THE TERMS,COVENANTS AND CONDITIONS
CONTAINED THEREIN.
EXECUTED BY AND BETWEEN:RANCHO CARRILLO,INC.AND THE CITY OF
CARLSBAD
RECORDED:NOVEMBER 5,1993 AS FILE NO.1993 -0745429 OF
OFFICIAL RECORDS.
74.NOTE:A CERTIFICATE OF COMPLIANCE AFFECTING THE HEREIN DESCRIBED
PROPERTY WAS RECORDED AUGUST 17,1994 AS FILE NO.1994 -0497669 OF
OFFICIAL RECORDS.
75.THE FACT THAT SAID LAND LIES WITHIN THE COMMUNITY FACILITIES
DISTRICT NO.1,AS DISCLOSED BY INSTRUMENT RECORDED NOVEMBER 13,
1996 AS FILE NO.1996 -0574243 OF OFFICIAL RECORDS.
AN AMENDMENT TO THE NOTICE OF SPECIAL TAX LIEN (NOTICE OF
ANNEXATION)RECORDED NOVEMBER 13,1996 AS FILE NO.1996 -0574357
OF OFFICIAL RECORDS.
76.AN AGREEMENT REGARDING PAYMENT OF A PUBLIC FACILITIES FEE,DATED
SEPTEMBER 5,1995,UPON THE TERMS,COVENANTS,AND CONDITIONS
CONTAINED THEREIN.
EXECUTED BY AND BETWEEN:UDC HOMES INC.AND CITY OF
CARLSBAD,A MUNICIPAL CORPORATION.
RECORDED:MARCH 19,1996 AS FILE NO.1996 -0133727 OF OFFICIAL
RECORDS.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
77.AN EASEMENT FOR A PIPELINE OR PIPELINES FOR ANY AND ALL PURPOSES,
TOGETHER WITH THEIR NECESSARY FIXTURES AND APPURTENANCES
INCLUDING BUT NOT LIMITED TO CONDUITS AND CABLES FOR POWER
TRANSMISSION AND COMMUNICATION PURPOSES,AT SUCH LOCATIONS AND
ELEVATIONS,UPON,ALONG,OVER AND UNDER THE HEREINAFTER DESCRIBED
RIGHT -OF -WAY AS GRANTEE MAY NOW OR HEREAFTER DEEM CONVENIENT AND
NECESSARY FROM TIME TO TIME,TOGETHER WITH THE RIGHT OF INGRESS
THERETO AND EGRESS THEREFROM AND INCIDENTAL PURPOSES IN FAVOR OF
VALLECITOS WATER DISTRICT,RECORDED SEPTEMBER 19,1996 AS FILE
NO.1996 -0477222 OF OFFICIAL RECORDS,LOCATED WITHIN PARCEL 4 AS
SET FORTH THEREIN.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
PAGE 32
0
ORDER NO.1144050 -6
78.AN EASEMENT FOR A PIPELINE OR PIPELINES FOR ANY AND ALL PURPOSES,
TOGETHER WITH THEIR NECESSARY FIXTURES AND APPURTENANCES
INCLUDING BUT NOT LIMITED TO CONDUITS AND CABLES FOR POWER
TRANSMISSION AND COMMUNICATION PURPOSES,AT SUCH LOCATIONS AND
ELEVATIONS,UPON,ALONG,OVER AND UNDER THE HEREINAFTER DESCRIBED
RIGHT -OF -WAY AS GRANTEE MAY NOW OR HEREAFTER DEEM CONVENIENT AND
NECESSARY FROM TIME TO TIME,TOGETHER WITH THE RIGHT OF INGRESS
THERETO AND EGRESS THEREFROM AND INCIDENTAL PURPOSES IN FAVOR OF
VALLECITOS WATER DISTRICT,RECORDED SEPTEMBER 19,1996 AS FILE
NO.1996 -0477223 OF OFFICIAL RECORDS,LOCATED WITHIN PARCELS 2
AND 4 AS SET FORTH THEREIN.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
79.AN EASEMENT FOR A PIPELINE OR PIPELINES FOR ANY AND ALL PURPOSES,
TOGETHER WITH THEIR NECESSARY FIXTURES AND APPURTENANCES
INCLUDING BUT NOT LIMITED TO CONDUITS AND CABLES FOR POWER
TRANSMISSION AND COMMUNICATION PURPOSES,AT SUCH LOCATIONS AND
ELEVATIONS,UPON,ALONG,OVER AND UNDER THE HEREINAFTER DESCRIBED
RIGHT -OF -WAY AS GRANTEE MAY NOW OR HEREAFTER DEEM CONVENIENT AND
NECESSARY FROM TIME TO TIME,TOGETHER WITH THE RIGHT OF INGRESS
THERETO AND EGRESS THEREFROM AND INCIDENTAL PURPOSES IN FAVOR OF
VALLECITOS WATER DISTRICT,RECORDED SEPTEMBER 19,1996 AS FILE
NO.1996 -0477224 OF OFFICIAL RECORDS,LOCATED WITHIN PARCEL 4 AS
SET FORTH THEREIN.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
80.AN EASEMENT FOR POLES,WIRES,CABLES FOR THE TRANSMISSION AND
DISTRIBUTION OF ELECTRICITY,UNDERGROUND FACILITIES AND
APPURTENANCES FOR THE TRANSMISSION AND DISTRIBUTION OF
ELECTRICITY,COMMUNICATION FACILITIES,OVERHEAD AND/OR
UNDERGROUND AND INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO GAS &
ELECTRIC COMPANY,RECORDED DECEMBER 23,1996 AS FILE NO.1996 -
0642348 OF OFFICIAL RECORDS,DESCRIBED AS FOLLOWS:
12.00 FEET IN WIDTH,BEING 6.00 FEET ON EACH SIDE OF THE CENTER
LINE OF THE FACILITIES TO BE INSTALLED,THE APPROXIMATE LOCATION
BEING SHOWN AND DELINEATED AS "ELECTRIC UTILITY FACILITIES"ON
THE EXHIBIT "A",ATTACHED THERETO AND MADE A PART THEREOF.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
PAGE 33
ORDER NO.1144050 -6
81.AN AGREEMENT REGARDING PAYMENT OF A PUBLIC FACILITIES FEE FOR
INSIDE THE BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO.1,
DATED NOVEMBER 22,1996,UPON THE TERMS,COVENANTS,AND
CONDITIONS CONTAINED THEREIN.
EXECUTED BY AND BETWEEN:CONTINENTAL RANCH AND THE CITY OF
CARLSBAD
RECORDED:FEBRUARY 27,1997 AS FILE NO.1997 -0087390 OF OFFICIAL
RECORDS.
82.AN EASEMENT FOR PUBLIC STREET AND PUBLIC UTILITY PURPOSES AND
INCIDENTAL PURPOSES IN FAVOR OF CITY OF CARLSBAD,A MUNICIPAL
CORPORATION,RECORDED APRIL 9,1997 AS FILE NO.1997 -0161912 OF
OFFICIAL RECORDS.
THE ROUTE OF SAID EASEMENT IS SET OUT IN SAID DOCUMENT AND
AFFECTS A PORTION OF THE HEREIN DESCRIBED PROPERTY.
83.NOTE:A CERTIFICATE OF COMPLIANCE AFFECTING THE HEREIN DESCRIBED
PROPERTY WAS RECORDED MAY 19,1997 AS FILE NO.1997 -0230627 OF
OFFICIAL RECORDS.
84.A HOLD HARMLESS AGREEMENT DATED APRIL 1,1997,UPON THE TERMS,
COVENANTS,AND CONDITIONS CONTAINED THEREIN.
EXECUTED BY AND BETWEEN:CONTINENTAL RANCH,INC.,A
DELAWARE CORPORATION AND THE CITY
OF CARLSBAD.
RECORDED:MAY 20,1997 AS FILE NO.1997 -0232274 OF OFFICIAL
RECORDS.
85.A HOLD HARMLESS AGREEMENT DATED APRIL 1,1997,UPON THE TERMS,
COVENANTS,AND CONDITIONS CONTAINED THEREIN.
EXECUTED BY AND BETWEEN:THE CITY OF CARLSBAD AND
CONTINENTAL RANCH,INC.,A
DELAWARE CORPORATION.
RECORDED:MAY 20,1997 AS FILE NO.1997 -0232275 OF OFFICIAL
RECORDS.
86.THE TERMS,CONDITIONS AND PROVISIONS CONTAINED IN PLANNED
DEVELOPMENT PERMIT NO.CT 93 -08/PUD 93 -07,AS DISCLOSED BY
INSTRUMENT RECORDED MAY 30,1997 AS FILE NO.1997 -0253116 OF
OFFICIAL RECORDS.
87.COVENANTS,CONDITIONS AND RESTRICTIONS,BUT DELETING ANY
COVENANT,CONDITION OR RESTRICTION INDICATING A PREFERENCE,
LIMITATION OR DISCRIMINATION BASED ON RACE,COLOR,RELIGION,SEX,
HANDICAP,FAMILIAL STATUS,OR NATIONAL ORIGIN TO THE EXTENT SUCH
COVENANTS,CONDITIONS OR RESTRICTIONS VIOLATE 42 USC 3604(C),IN
AN INSTRUMENT RECORDED MAY 30,1997 AS FILE NO.1997 -0253117 OF
OFFICIAL RECORDS.
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ORDER NO.1144050 -6
88.COVENANTS,CONDITIONS AND RESTRICTIONS,BUT DELETING ANY
COVENANT,CONDITION OR RESTRICTION INDICATING A PREFERENCE,
LIMITATION OR DISCRIMINATION BASED ON RACE,COLOR,RELIGION,SEX,
HANDICAP,FAMILIAL STATUS,OR NATIONAL ORIGIN TO THE EXTENT SUCH
COVENANTS,CONDITIONS OR RESTRICTIONS VIOLATE 42 USC 3604(C),IN
AN INSTRUMENT RECORDED MAY 30,1997 AS FILE NO.1997 -0253198 OF
OFFICIAL RECORDS.
89.A RESTATED RANCHO CARRILLO PARKS AGREEMENT DATED APRIL 18,1997,
UPON THE TERMS,COVENANTS,AND CONDITIONS CONTAINED THEREIN.
EXECUTED BY AND BETWEEN:CITY OF CARLSBAD,A MUNICIPAL
CORPORATION AND CONTINENTAL RANCH,
INC.,A DELAWARE CORPORATION.
RECORDED:JUNE 2,1997 AS FILE NO.1997 -0254867 OF OFFICIAL
RECORDS.
90.AN EASEMENT FOR PIPELINE OR PIPELINES AND INCIDENTAL PURPOSES IN
FAVOR OF VALLECITOS WATER DISTRICT,RECORDED JUNE 17,1997 AS
FILE NO.1997 -0281172 OF OFFICIAL RECORDS.
THE ROUTE OF SAID EASEMENT IS SET OUT IN SAID DOCUMENT AND
AFFECTS A PORTION OF THE HEREIN DESCRIBED PROPERTY.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
AFFECTS PARCEL 4.
91.A RECREATIONAL VEHICLE STORAGE FACILITY AGREEMENT DATED MAY 13,
1997,UPON THE TERMS,COVENANTS,AND CONDITIONS CONTAINED
THEREIN.
EXECUTED BY AND BETWEEN:CONTINENTAL RANCH,INC.,A
DELAWARE CORPORATION AND THE CITY
OF CARLSBAD,A CALIFORNIA
MUNICIPAL CORPORATION.
RECORDED:JUNE 20,1997 AS FILE NO.1997 -0287913 OF OFFICIAL
RECORDS.
AFFECTS PARCEL 6.
92.THE EFFECT,IF ANY,OF RECORD OF SURVEY MAP NO.15569,WHICH SETS
FORTH,OR PURPORTS TO SET FORTH,CERTAIN DIMENSIONS AND BEARINGS
OF THE HEREIN DESCRIBED PROPERTY.
AFFECTS PARCEL 4.
93.AN EASEMENT FOR DRAINAGE PURPOSES AND INCIDENTAL PURPOSES IN
FAVOR OF CITY OF CARLSBAD,A MUNICIPAL CORPORATION,RECORDED
NOVEMBER 4,1997 AS FILE NO.1997 -0554151 OF OFFICIAL RECORDS.
PAGE 35
ORDER NO.1144050 -6
THE ROUTE OF SAID EASEMENT IS SET OUT IN SAID DOCUMENT AND
AFFECTS A PORTION OF THE HEREIN DESCRIBED PROPERTY.
AFFECTS PARCEL 4.
94.AN EASEMENT FOR DRAINAGE AND ACCESS PURPOSES AND INCIDENTAL
PURPOSES IN FAVOR OF CITY OF CARLSBAD,A MUNICIPAL CORPORATION,
RECORDED NOVEMBER 4,1997 AS FILE NO.1997 -0554152 OF OFFICIAL
RECORDS.
THE ROUTE OF SAID EASEMENT IS SET OUT IN SAID DOCUMENT AND
AFFECTS A PORTION OF THE HEREIN DESCRIBED PROPERTY.
AFFECTS PARCEL 6.
95.AN EASEMENT FOR DRAINAGE AND ACCESS PURPOSES AND INCIDENTAL
PURPOSES IN FAVOR OF CITY OF CARLSBAD,A MUNICIPAL CORPORATION,
RECORDED NOVEMBER 4,1997 AS FILE NO.1997 -0554157 OF OFFICIAL
RECORDS.
THE ROUTE OF SAID EASEMENT IS SET OUT IN SAID DOCUMENT AND
AFFECTS A PORTION OF THE HEREIN DESCRIBED PROPERTY.
AFFECTS PARCEL 4.
96.AN EASEMENT FOR WATER LINE AND INCIDENTAL PURPOSES IN FAVOR OF
CARLSBAD MUNICIPAL WATER DISTRICT,RECORDED DECEMBER 1,1997 AS
FILE NO.1997 -0605487 OF OFFICIAL RECORDS.
THE ROUTE OF SAID EASEMENT IS SET OUT IN SAID DOCUMENT AND
AFFECTS A PORTION OF THE HEREIN DESCRIBED PROPERTY.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
AFFECTS PARCEL 6.
97.AN EASEMENT FOR WATER LINE AND INCIDENTAL PURPOSES IN FAVOR OF
CARLSBAD MUNICIPAL WATER DISTRICT,RECORDED DECEMBER 1,1997 AS
FILE NO.1997 -0605488 OF OFFICIAL RECORDS.
THE ROUTE OF SAID EASEMENT IS SET OUT IN SAID DOCUMENT AND
AFFECTS A PORTION OF THE HEREIN DESCRIBED PROPERTY.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
AFFECTS PARCEL 5.
PAGE 36
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ORDER NO.1144050 -6
98.AN EASEMENT FOR UNDERGROUND FACILITIES AND APPURTENANCES FOR THE
TRANSMISSION AND DISTRIBUTION OF ELECTRICITY,COMMUNICATION
FACILITIES,AND APPURTENANCES,AND GRANTEE ALSO HAS THE RIGHT OF
INGRESS AND EGRESS,TO,FROM AND ALONG THIS EASEMENT AND
INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO GAS AND ELECTRIC
COMPANY,A CORPORATION,RECORDED DECEMBER 31,1997 AS FILE NO.
1997 -0670496 OF OFFICIAL RECORDS.
THE ROUTE OR LOCATION CANNOT BE DETERMINED FROM SAID INSTRUMENT.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
AFFECTS PARCEL 4.
99.AN EASEMENT FOR UNDERGROUND FACILITIES AND APPURTENANCES FOR THE
TRANSMISSION AND DISTRIBUTION OF ELECTRICITY,COMMUNICATION
FACILITIES,AND APPURTENANCES,AND GRANTEE ALSO HAS THE RIGHT OF
INGRESS AND EGRESS,TO,FROM AND ALONG THIS EASEMENT AND
INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO GAS AND ELECTRIC
COMPANY,A CORPORATION,RECORDED DECEMBER 31,1997 AS FILE NO.
1997 -0670497 OF OFFICIAL RECORDS.
THE ROUTE OR LOCATION CANNOT BE DETERMINED FROM SAID INSTRUMENT.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
AFFECTS PARCELS 4 AND 5.
100.A SCHOOL FACILITIES FUNDING AND MITIGATION AGREEMENT DATED
NOVEMBER 17,1997,UPON THE TERMS,COVENANTS,AND CONDITIONS
CONTAINED THEREIN.
EXECUTED BY AND BETWEEN:SAN MARCOS UNIFIED SCHOOL DISTRICT
AND CONTINENTAL RANCH,INC.,A
DELAWARE CORPORATION.
RECORDED:JANUARY 8,1998 AS FILE NO.1998 -0009539 OF OFFICIAL
RECORDS.
101.AN EASEMENT FOR UNDERGROUND FACILITIES AND APPURTENANCES FOR THE
TRANSMISSION AND DISTRIBUTION OF ELECTRICITY,COMMUNICATION
FACILITIES,AND APPURTENANCES,AND GRANTEE ALSO HAS THE RIGHT OF
INGRESS AND EGRESS,TO,FROM AND ALONG THIS EASEMENT AND
INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO GAS AND ELECTRIC
COMPANY,A CORPORATION,RECORDED JANUARY 13,1998 AS FILE NO.
1998 -0016058 OF OFFICIAL RECORDS.
THE ROUTE OR LOCATION CANNOT BE DETERMINED FROM SAID INSTRUMENT.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
PAGE 37
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ORDER NO.1144050 -6
AFFECTS PARCEL 6.
THE FOLLOWING ITEMS AFFECT PARCEL 7:
102.A 60 FOOT WIDE EASEMENT AND RIGHT OF WAY FOR PUBLIC ROAD PURPOSES
OVER AND ACROSS ROAD SURVEY NO.757,ACCORDING TO MAP ON FILE IN
THE OFFICE OF THE COUNTY SURVEYOR AND AS GRANTED TO THE COUNTY OF
SAN DIEGO BY DEED RECORDED OCTOBER 2,1940 IN BOOK 1068,PAGE 496
OF OFFICIAL RECORDS,LOCATED WITHIN THE NORTH HALF OF THE
SOUTHWEST QUARTER AND THE NORTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 18 HEREIN DESCRIBED.
SAID INSTRUMENT ALSO GRANTS THE PRIVILEGE AND RIGHT TO EXTEND AND
MAINTAIN DRAINAGE STRUCTURES AND EXCAVATION AND EMBANKMENT SLOPES
BEYOND THE LIMITS OF SAID RIGHT OF WAY WHERE REQUIRED FOR THE
CONSTRUCTION AND MAINTENANCE THEREOF.
AND THE UNDERSIGNED,THE SAID GRANTORS,DO HEREBY WAIVE ALL CLAIM
FOR COMPENSATION FOR ANY AND ALL DAMAGES ON ACCOUNT OF THE
LOCATION,ESTABLISHMENT AND CONSTRUCTION OF SAID HIGHWAY.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
103.AN UNRECORDED DEVELOPMENT AGREEMENT,DATED JUNE 14,1984,UPON
THE TERMS AND CONDITIONS THEREIN PROVIDED,AS DISCLOSED BY A
MEMORANDUM OF DEVELOPMENT.
EXECUTED BY AND BETWEEN:DON E.WOODWARD,MEISTER
DEVELOPMENT CORPORATION,AETNA
CAPITAL COMPANY,AND CARRILLO
RANCH PARTNERSHIP.
RECORDED:JULY 26,1984 AS FILE NO.84 -284010 OF OFFICIAL
RECORDS.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
104.AN EASEMENT FOR PUBLIC ROAD,UTILITY AND INCIDENTAL PURPOSES IN
FAVOR OF THE CITY OF CARLSBAD,A MUNICIPAL CORPORATION,RECORDED
MARCH 10,1986 AS FILE NO.86 -092507 OF OFFICIAL RECORDS,
DESCRIBED AS FOLLOWS:
PAGE 38
3
ORDER NO.1144050 -6
COMMENCING AT THE NORTHWEST CORNER OF RECORD OF SURVEY NO.9112
ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
SAID STATE OF CALIFORNIA,SAID POINT BEING THE TRUE POINT OF
BEGINNING;THENCE ALONG THE WESTERLY LINE THEREOF SOUTH 2°36'40"
EAST 384.39 FEET TO A POINT ON THE NORTHERLY SIDELINE OF PALOMAR
AIRPORT ROAD PER ROAD SURVEY NO.757;THENCE SOUTH 2°38'00"EAST
28.51 FEET TO A POINT ON THE ARC OF A 1200 FOOT RADIUS CURVE
CONCAVE SOUTHERLY,A RADIAL LINE TO SAID POINT BEARS NORTH
2°03'04"EAST,SAID POINT LYING ON THE CENTERLINE OF PALOMAR
AIRPORT ROAD AND ALSO HEREINAFTER KNOWN AS "POINT A";THENCE
CONTINUING ALONG SAID WESTERLY LINE SOUTH 2°38'00"EAST 3520.68
FEET;THENCE LEAVING SAID WESTERLY LINE SOUTH 89°18'32"EAST
256.31 FEET;THENCE SOUTH 0°03'46"EAST 185.20 FEET;THENCE NORTH
54°40'00"EAST 2065.80 FEET;THENCE NORTH 8°51'23"EAST 1907.40
FEET TO A POINT ON THE SOUTHERLY LINE OF PALOMAR AIRPORT ROAD;
THENCE NORTH 21°26'31"WEST 30.00 FEET TO A POINT ON THE
CENTERLINE OF SAID ROAD AND THE BEGINNING OF A 1000.00 FOOT
RADIUS CURVE CONCAVE NORTHERLY;THENCE WESTERLY ALONG THE ARC OF
SAID CURVE AND SAID CENTERLINE,THROUGH A CENTRAL ANGLE OF
43°43'09"A DISTANCE OF 763.04 FEET;THENCE NORTH 67°43'22"WEST
1326.28 FEET;THENCE LEAVING SAID CENTERLINE NORTH 0°03'46"WEST
491.85 FEET TO A POINT ON THE NORTHERLY LINE OF SAID RECORD OF
SURVEY;THENCE WESTERLY ALONG SAID NORTH LINE,NORTH 88°37'38"
WEST 432.70 FEET TO THE TRUE POINT OF BEGINNING.ALL AS SHOWN ON
SAID RECORD OF SURVEY NO.9112.
THE CENTERLINE OF SAID 126.00 FOOT EASEMENT BEING DESCRIBED AS
FOLLOWS:
BEGINNING AT "POINT A"OF THE ABOVE DESCRIBED PARCEL OF LAND;
THENCE SOUTHERLY ALONG THE WESTERLY LINE OF RECORD OF SURVEY NO.
9112 SOUTH 2°38'00"EAST 41.00 FEET TO THE TRUE POINT OF
BEGINNING,BEING A POINT ON THE ARC OF A 2200.00 FOOT RADIUS
CURVE CONCAVE SOUTHERLY,A RADIAL TO SAID POINT BEARS NORTH
3°59'00"EAST;THENCE LEAVING SAID WESTERLY LINE,EASTERLY ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 18°17'38"A
DISTANCE OF 702.44 FEET;THENCE TANGENT TO SAID CURVE SOUTH
67°43'22"EAST 554.42 FEET TO THE BEGINNING OF A TANGENT 2200.00
FOOT RADIUS CURVE CONCAVE NORTHERLY;THENCE EASTERLY ALONG THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 43°43'09"A DISTANCE
OF 1678.70;THENCE TANGENT TO SAID CURVE NORTH 68°33'29"EAST
1044.15 FEET TO THE BEGINNING OF A TANGENT 6000.00 FOOT RADIUS
CURVE CONCAVE SOUTHEASTERLY;THENCE NORTHEASTERLY ALONG THE ARC
OF SAID CURVE THROUGH A CENTRAL ANGLE OF 5°39'05"A DISTANCE OF
591.81 FEET;THENCE TANGENT TO SAID CURVE NORTH 74°12'34"EAST
454.40 FEET TO THE BEGINNING OF A TANGENT 3000.00 FOOT RADIUS
CURVE CONCAVE SOUTHEASTERLY;THENCE EASTERLY ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 0°52'58"A DISTANCE OF
46.22 FEET TO THE POINT OF TERMINATION.SAID POINT LYING ON THE
PAGE 39
0
ORDER NO.1144050 -6
EASTERLY LINE OF RECORD OF SURVEY NO.9112,BEING SOUTH 0°39'50"
WEST 76.25 FEET FROM THE NORTHEAST CORNER THEREOF.
THE SIDELINES OF SAID EASEMENT SHALL BE 63.00 FEET MEASURED AT
RIGHT ANGLES AND PARALLEL WITH THE ABOVE DESCRIBED CENTERLINE AND
SHALL BE EXTENDED OR SHORTENED TO BEGIN ON THE WESTERLY BOUNDARY
OF SAID RECORD OF SURVEY NO.9112 AND PASS THROUGH THE POINT OF
BEGINNING AND TO TERMINATE ON A LINE THAT BEARS NORTH 0°39'50"
EAST AND PASS THROUGH THE POINT OF TERMINATION.
EXCEPTING THEREFROM THAT PORTION NOT LYING WITHIN THE ABOVE
DESCRIBED PARCEL OF LAND.
105.ANY RIGHTS OF THE SAN DIEGO GAS AND ELECTRIC COMPANY FOR UNDER
CONDUITS,PIPELINES,AND APPURTENANCES THERETO FOR THE
TRANSMISSION OF GAS AND ELECTRICITY,AS WELL AS ANY RIGHTS OF
ACCESS THERETO,AS DISCLOSED BY A PHYSICAL INSPECTION OF SAID
PROPERTY.SAID RIGHT OF WAY LIES WITHIN THE PUBLIC HIGHWAY
EASEMENT COMMONLY KNOWN AS PALOMAR AIRPORT ROAD.
106.ANY RIGHTS OF THE COSTA REAL MUNICIPAL WATER DISTRICT FOR
PIPELINES AND APPURTENANCES,AS WELL AS RIGHTS OF ACCESS THERETO,
AS DISCLOSED BY A PHYSICAL INSPECTION OF SAID PROPERTY.SAID
EASEMENT LIES WITHIN THE PUBLIC HIGHWAY EASEMENT COMMONLY KNOWN
AS PALOMAR AIRPORT ROAD.
107.AN EASEMENT FOR DRAINAGE AND TEMPORARY CONSTRUCTION AND
INCIDENTAL PURPOSES IN FAVOR OF CITY OF CARLSBAD,RECORDED JUNE
24,1991 AS FILE NO.91 -0302851 OF OFFICIAL RECORDS,DESCRIBED AS
FOLLOWS:
A PORTION OF THE SOUTHEAST QUARTER OF SECTION 13,TOWNSHIP 12
SOUTH,RANGE 4 WEST,SAN BERNARDINO MERIDIAN,IN THE CITY OF
CARLSBAD,COUNTY OF SAN DIEGO,STATE OF CALIFORNIA,LYING
SOUTHERLY OF THE CENTERLINE OF THE ROAD SURVEY NO.757 KNOWN AS
PALOMAR AIRPORT ROAD,SAID EASEMENT BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF RECORD OF SURVEY MAP NO.
9112 AS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY AUGUST 5,1982,SAID CORNER ALSO BEING THE WEST QUARTER
CORNER OF SAID FRACTIONAL SECTION 13;THENCE SOUTHEASTERLY ALONG
A TIE LINE BEARING SOUTH 24°46'27"EAST 601.43'TO THE BEGINNING
OF A NON-TANGENT 2137.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY,
A RADIAL LINE TO SAID POINT BEARS NORTH 10°20'18"EAST,BEING A
POINT ON THE SOUTHERLY RIGHT -OF -WAY OF THE 126.00 FOOT WIDE
PALOMAR AIRPORT ROAD AS DEDICATED TO THE CITY OF CARLSBAD PER
DOCUMENT RECORDED MARCH 10,1986 AS FILE NO.86 -092507 OF
OFFICIAL RECORDS,SAID POINT ALSO BEING THE TRUE POINT OF
PAGE 40
ORDER NO.1144050 -6
BEGINNING;THENCE EASTERLY ALONG SAID RIGHT -OF -WAY AND THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 0°32'10"A DISTANCE OF
20.00 FEET,A RADIAL LINE TO SAID POINT BEARING NORTH 10°52'28"
EAST;THENCE LEAVING THE ARC OF SAID CURVE AND SAID RIGHT -OF -WAY
SOUTH 10°36'23"WEST 89.25 FEET;THENCE NORTH 79°23'37"WEST
30.00 FEET;THENCE NORTH 10°36'23"EAST 15.00 FEET;THENCE NORTH
37°10'17"EAST 22.36 FEET;THENCE NORTH 10°36'23"EAST 54.25 FEET
TO THE TRUE POINT OF BEGINNING.
THE AREA WITHIN THE DESCRIBED EASEMENT IS 2035 SQUARE FEET OR
0.0467 ACRE.
A STRIP OF LAND 20.00 FEET IN WIDTH,THE CENTERLINE OF WHICH
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF RECORD OF SURVEY MAP NO.
9112 AS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY AUGUST 5,1982,SAID CORNER ALSO BEING THE WEST QUARTER
CORNER OF SAID FRACTIONAL SECTION 13;THENCE SOUTHERLY ALONG THE
WESTERLY LINE OF SAID FRACTIONAL SECTION 13,SOUTH 02°38'01"
EAST,517.58 FEET TO A POINT ON THE ARC OF A NON -TANGENT 2137.00
FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY,A RADIAL BEARING TO SAID
POINT BEARS NORTH 4°10'00"EAST;ALSO BEING A POINT ON THE
SOUTHERLY RIGHT -OF-WAY OF THE 126.00 FOOT WIDE PALOMAR AIRPORT
ROAD AS DEDICATED TO THE CITY OF CARLSBAD PER DOCUMENT RECORDED
MARCH 10,1986 AS FILE NO.86 -092507 OF OFFICIAL RECORDS;THENCE
EASTERLY ALONG THE ARC OF SAID CURVE AND ALONG SAID RIGHT -OF-WAY
THROUGH A CENTRAL ANGLE OF 18°05'12"A DISTANCE OF 674.79 FEET;
THENCE TANGENT TO SAID CURVE SOUTH 67°44'48"EAST 554.78 FEET TO
THE BEGINNING OF A TANGENT 2263.00 FOOT RADIUS CURVE CONCAVE
NORTHERLY;THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 9°47'48"A DISTANCE OF 386.94 FEET TO AN
INTERSECTION WITH THE SOUTHERLY RIGHT -OF -WAY OF ROAD SURVEY NO.
757 KNOWN AS PALOMAR AIRPORT ROAD,SAID RIGHT-OF -WAY BEING 60.00
FEET IN WIDTH,A RADIAL LINE TO SAID POINT BEARS SOUTH 12°27'24"
WEST;THENCE LEAVING SAID 2137.00 FOOT RADIUS CURVE ALONG THE
SOUTHERLY RIGHT -OF -WAY OF SAID ROAD OF SURVEY NO.757 SOUTH
67°44'48"EAST 96.18 FEET TO THE BEGINNING OF A TANGENT 1030.00
FOOT RADIUS CURVE CONCAVE NORTHERLY;THENCE EASTERLY ALONG THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 15°41'45"A DISTANCE
OF 282.16 FEET TO THE TRUE POINT OF BEGINNING,A RADIAL LINE TO
SAID POINT BEARS SOUTH 6°33'27"WEST;THENCE LEAVING SAID CURVE
AND SAID SOUTHERLY RIGHT -OF -WAY OF ROAD SURVEY NO.757 SOUTH
28°22'55"WEST 20.00 FEET TO THE POINT OF TERMINUS.
THE SIDELINES OF THE ABOVE DESCRIBED EASEMENT SHALL TERMINATE
NORTHERLY ALONG THE ARC OF SAID 1030.00 FOOT RADIUS CURVE,BEING
THE SOUTHERLY RIGHT -OF -WAY OF ROAD SURVEY NO.757,AND SOUTHERLY
AT RIGHT ANGLES TO THE POINT OF TERMINUS.
PAGE 41
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ORDER NO.1144050 -6
108.A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL
PRINCIPAL SUM OF $3,375,000.00,AND ANY OTHER AMOUNTS OR
OBLIGATIONS SECURED THEREBY,RECORDED SEPTEMBER 24,1996 AS FILE
NO.1996 -0485428 OF OFFICIAL RECORDS.
DATED:SEPTEMBER 24,1996
TRUSTOR:CONTINENTAL RANCH,INC.,A DELAWARE CORPORATION
TRUSTEE:FIRST AMERICAN TITLE INSURANCE COMPANY,A
CALIFORNIA CORPORATION
BENEFICIARY:SCRIPPS HEALTH,A CALIFORNIA NONPROFIT BENEFIT
CORPORATION
SAID DEED OF TRUST IS SUBORDINATE TO THE EASEMENT RECORDED APRIL
9,1997 AS FILE NO.1997 -0161910 OF OFFICIAL RECORDS,BY THE
TERMS OF A SUBORDINATION AGREEMENT RECORDED APRIL 9,1997 AS FILE
NO.1997 -0161911 OF OFFICIAL RECORDS.
109.AN EASEMENT FOR PUBLIC STREET AND PUBLIC UTILITY PURPOSES AND
INCIDENTAL PURPOSES IN FAVOR OF CITY OF CARLSBAD,A MUNICIPAL
CORPORATION,RECORDED APRIL 9,1997 AS FILE NO.1997 -0161910 OF
OFFICIAL RECORDS.
THE ROUTE OF SAID EASEMENT IS SET OUT IN SAID DOCUMENT AND
AFFECTS A PORTION OF THE HEREIN DESCRIBED PROPERTY.
110.AN EASEMENT FOR UNDERGROUND FACILITIES AND APPURTENANCES FOR THE
TRANSMISSION AND DISTRIBUTION OF ELECTRICITY,COMMUNICATION
FACILITIES,AND APPURTENANCES,AND GRANTEE ALSO HAS THE RIGHT OF
INGRESS AND EGRESS,TO,FROM AND ALONG THIS EASEMENT AND
INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO GAS AND ELECTRIC
COMPANY,A CORPORATION,RECORDED DECEMBER 31,1997 AS FILE NO.
1997 -0670498 OF OFFICIAL RECORDS.
THE ROUTE OR LOCATION CANNOT BE DETERMINED FROM SAID INSTRUMENT.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
111.A SCHOOL FACILITIES FUNDING AND MITIGATION AGREEMENT DATED
NOVEMBER 17,1997,UPON THE TERMS,COVENANTS,AND CONDITIONS
CONTAINED THEREIN.
EXECUTED BY AND BETWEEN:SAN MARCOS UNIFIED SCHOOL DISTRICT
AND CONTINENTAL RANCH,INC.,A
DELAWARE CORPORATION.
RECORDED:JANUARY 8,1998 AS FILE NO.1998 -0009539 OF OFFICIAL
RECORDS.
PAGE 42
ORDER NO.1144050 -6
1997 -1998 TAX INFORMATION:
CODE AREA:09037
PARCEL NO.:215 -030 -09 -00
1ST INSTALLMENT:$1,158.48 PAID
2ND INSTALLMENT:$1,158.48 PAID
LAND VALUE:$210,000.00
IMPROVEMENTS:$-0 -
EXEMPT:$-0 -
CODE AREA:09169
PARCEL NO.:215 -031 -04 -00
1ST INSTALLMENT:$11,677.03 PAID
2ND INSTALLMENT:$11,677.03 PAID
LAND VALUE:$1,830,000.00
IMPROVEMENTS:$-0 -
EXEMPT:$-0 -
CODE AREA:09169
PARCEL NO.:215 -031 -05 -00
1ST INSTALLMENT:$1,823.83 PAID
2ND INSTALLMENT:$1,823.83 PAID
LAND VALUE:$263,000.00
IMPROVEMENTS:$-0 -
EXEMPT:$-0 -
CODE AREA:09169
PARCEL NO.:215 -031 -06 -00
1ST INSTALLMENT:$1,978.78 PAID
2ND INSTALLMENT:$1,978.78 OPEN
LAND VALUE:$360,000.00
IMPROVEMENTS:$-0 -
EXEMPT:$-0 -
CODE AREA:09029
PARCEL NO.:221 -010 -18 -00
1ST INSTALLMENT:$27,502.01 PAID
2ND INSTALLMENT:$27,502.01 OPEN
LAND VALUE:$2,560,000.00
IMPROVEMENTS:$-0 -
EXEMPT:$-0 -
CODE AREA:09025
PARCEL NO.:221 -012 -08 -00
1ST INSTALLMENT:$7,461.76 PAID
2ND INSTALLMENT:$7,461.76 OPEN
LAND VALUE:$350,000.00
IMPROVEMENTS:$-0 -
EXEMPT:$-0 -
PAGE 43
1
Cr)
ORDER NO.1144050 -6
1997 -1998 TAX INFORMATION:
CODE AREA:09025
PARCEL NO.:221 -012 -09 -00
1ST INSTALLMENT:$30,615.85 PAID
2ND INSTALLMENT:$30,615.85 OPEN
LAND VALUE:$1,800,000.00
IMPROVEMENTS:$-0 -
EXEMPT:$-0 -
CODE AREA:09025
PARCEL NO.:221 -012 -12 -00
1ST INSTALLMENT:$12,556.67 PAID
2ND INSTALLMENT:$12,556.67 PAID
LAND VALUE:$2,290,000.00
IMPROVEMENTS:$-0 -
EXEMPT:$-0 -
CODE AREA:09025
PARCEL NO.:221 -012 -13 -00
1ST INSTALLMENT:$35,947.07 PAID
2ND INSTALLMENT:$35,947.07 OPEN
LAND VALUE:$6,750,000.00
IMPROVEMENTS:$-0 -
EXEMPT:$-0 -
CODE AREA:09029
PARCEL NO.:222 -010 -02 -00
1ST INSTALLMENT:$50,342.74 PAID
2ND INSTALLMENT:$50,342.74 PAID
LAND VALUE:$4,440,000.00
IMPROVEMENTS:$-0 -
EXEMPT:$-0 -
CODE AREA:09025
PARCEL NO.:222 -011 -05 -00
1ST INSTALLMENT:$24,852.07 PAID
2ND INSTALLMENT:$24,852.07 PAID
LAND VALUE:$2,938,000.00
IMPROVEMENTS:$-0 -
EXEMPT:$-0 -
CODE AREA:09025
PARCEL NO.:222 -011 -06 -00
1ST INSTALLMENT:$24,435.01 PAID
2ND INSTALLMENT:$24,435.01 PAID
LAND VALUE:$2,925,000.00
IMPROVEMENTS:$-0 -
EXEMPT:$-0 -
PAGE 44
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•0
ORDER NO.1144050 -6
1997 -1998 TAX INFORMATION:
CODE AREA:09029
PARCEL NO.:222 -012 -01 -00
1ST INSTALLMENT:$21,484.93 PAID
2ND INSTALLMENT:$21,484.93 PAID
LAND VALUE:$2,010,000.00
IMPROVEMENTS:$-0 -
EXEMPT:$-0 -
CODE AREA:09029
PARCEL NO.:222 -012 -02 -00
1ST INSTALLMENT:$12,926.19 PAID
2ND INSTALLMENT:$12,926.19 PAID
LAND VALUE:$1,480,000.00
IMPROVEMENTS:$-0 -
EXEMPT:$-0 -
PAGE 45
MIWOMMOMM
ORDER NO.1144050 -6
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO,AND IS DESCRIBED AS FOLLOWS:
PARCEL 1:
ALL THAT PORTION OF SECTIONS 13 AND 24,TOWNSHIP 12 SOUTH,RANGE 4
WEST,SAN BERNARDINO MERIDIAN,AND ALL THAT PORTION OF SECTIONS 18 AND
19 OF TOWNSHIP 12 SOUTH,RANGE 3 WEST,SAN BERNARDINO MERIDIAN,IN THE
CITY OF CARLSBAD,COUNTY OF SAN DIEGO,STATE OF CALIFORNIA,DESCRIBED
AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF RECORD OF SURVEY NO.9112 ON
FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,SAID
STATE;THENCE ALONG THE WESTERLY LINE THEREOF SOUTH 2°36'40"EAST
384.39 FEET TO A POINT ON THE NORTHERLY SIDELINE OF PALOMAR AIRPORT
ROAD PER ROAD SURVEY NO.757;THENCE SOUTH 2°38'00"EAST 28.51 FEET TO
A POINT ON THE CENTERLINE OF SAID PALOMAR AIRPORT ROAD AND THE ARC OF
A NON-TANGENT 1200 FOOT RADIUS CURVE CONCAVE SOUTHERLY,A RADIAL LINE
TO SAID POINT BEARS NORTH 2°03'04"EAST;SAID POINT ALSO BEING THE
TRUE POINT OF BEGINNING;THENCE LEAVING SAID WESTERLY LINE,EASTERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 3°01'34"A
DISTANCE OF 63.38 FEET;THENCE LEAVING SAID CENTERLINE SOUTH 2°38'00"
EAST 414.70 FEET TO THE BEGINNING OF A TANGENT 2200 FOOT RADIUS CURVE
CONCAVE NORTHEASTERLY;THENCE SOUTHEASTERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 61°47'39"A DISTANCE OF 2372.73 FEET;
THENCE LEAVING SAID CURVE NON -TANGENT,NORTH 30°00'00"EAST 194.76
FEET TO THE BEGINNING OF A TANGENT 825 FOOT RADIUS CURVE CONCAVE
SOUTHEASTERLY;THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 30°47'01"A DISTANCE OF 443.25 FEET;THENCE
NORTH 60°47'01"EAST 206.20 FEET TO THE BEGINNING OF A TANGENT 900
FOOT RADIUS CURVE CONCAVE NORTHWESTERLY;THENCE NORTHEASTERLY ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 34°19'16"A DISTANCE
OF 539.12 FEET;THENCE SOUTH 8°51'23"WEST 1184.36 FEET;THENCE SOUTH
54°40'00"WEST 2065.80 FEET;THENCE NORTH 0°03'46"WEST 185.20 FEET;
THENCE NORTH 89°18'32"WEST 256.31 FEET TO A POINT ON SAID WESTERLY
LINE;THENCE ALONG SAID LINE NORTH 2°38'00"WEST 3520.68 FEET TO THE
TRUE POINT OF BEGINNING.
PARCEL 2:
ALL THAT PORTION OF SECTIONS 18 AND 19,TOWNSHIP 12 SOUTH,RANGE 3
WEST,SAN BERNARDINO BASE AND MERIDIAN,ACCORDING TO THE OFFICIAL PLAT
THEREOF,IN THE CITY OF CARLSBAD,COUNTY OF SAN DIEGO,STATE OF
CALIFORNIA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
PAGE 46
0
ORDER NO.1144050 -6
BEGINNING AT A 2 INCH IRON PIPE WITH DISC MARKED "RCE 9416"ACCEPTED
AS THE NORTHWESTERLY CORNER OF LA COSTA MEADOWS UNIT NO.3,ACCORDING
TO THE MAP THEREOF NO.7076;THENCE NORTH 0°52'06"EAST ALONG THE WEST
LINE OF SAID SECTION 19 A DISTANCE OF 1337.52 FEET AND NORTH 0°03'46"
WEST A DISTANCE OF 1153.82 FEET TO THE TRUE POINT OF BEGINNING;THENCE
LEAVING THE WEST LINE OF SAID SECTION 19 NORTH 54°40'00"EAST 2065.80
FEET;THENCE NORTH 8°51'23"EAST 1907.40 FEET;THENCE NORTH 21°26'31"
WEST 30.00 FEET TO THE CENTER LINE OF ROAD SURVEY NO.757,PALOMAR
AIRPORT ROAD;THENCE NORTH 68°33'29"EAST ALONG SAID CENTER LINE A
DISTANCE OF 723.02 FEET;THENCE LEAVING SAID CENTER LINE SOUTH
16°13'00"EAST A DISTANCE OF 1640.18 FEET TO THE EAST LINE OF THE EAST
HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 18;THENCE SOUTH
0°42'37"EAST ALONG SAID EAST LINE A DISTANCE OF 291.42 FEET TO THE
NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 19;THENCE
SOUTH 0°20'46"WEST ALONG THE EAST LINE OF SAID NORTHWEST QUARTER A
DISTANCE OF 498.91 FEET;THENCE LEAVING SAID EAST LINE SOUTH 85°50'40"
WEST 749.94 FEET;THENCE SOUTH 4°09'20"EAST 688.38 FEET;THENCE SOUTH
85°50'40"WEST A DISTANCE OF 92.05 FEET TO THE BEGINNING OF A 2000.00
FOOT RADIUS CURVE,CONCAVE SOUTHERLY;THENCE WESTERLY ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 21°00'00"A DISTANCE OF 733.04
FEET;THENCE SOUTH 64°50'40"WEST A DISTANCE OF 1165.58 FEET TO THE
BEGINNING OF A TANGENT 2000.00 FOOT RADIUS CURVE,CONCAVE NORTHERLY;
THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
16°29'25"A DISTANCE OF 575.62 FEET TO THE ABOVE MENTIONED WEST LINE
OF SAID SECTION 19;THENCE LEAVING SAID CURVE NORTH 0°03'46"WEST
ALONG SAID WEST LINE OF SECTION 19,A DISTANCE OF 587.94 FEET TO THE
TRUE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT CERTAIN PROPERTY AS DESCRIBED IN DEED TO THE
CITY OF CARLSBAD RECORDED NOVEMBER 4,1997 AS FILE NO.1997 -0554155 OF
OFFICIAL RECORDS.
PARCEL 3:
BEING A PORTION OF FRACTIONAL SECTION 24,TOWNSHIP 12 SOUTH,RANGE 4
WEST,SAN BERNARDINO BASE AND MERIDIAN,IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO,STATE OF CALIFORNIA,ACCORDING TO THE OFFICIAL
PLAT THEREOF SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE EAST QUARTER CORNER OF SAID SECTION 24 AS SHOWN ON
RECORD OF SURVEY 6416 ON FILE IN THE OFFICE OF THE RECORDER OF SAID
COUNTY;THENCE ALONG THE EASTERLY LINE OF SAID SECTION 24,NORTH
00°03'46"WEST 1339.02 FEET TO THE SOUTHEAST CORNER OF GOVERNMENT LOT
1 OF SAID FRACTIONAL SECTION;THENCE LEAVING SAID EASTERLY LINE ALONG
THE SOUTHERLY LINE OF SAID LOT 1,NORTH 89°23'12"WEST 256.29 FEET TO
A POINT IN THE EASTERLY BOUNDARY OF RANCHO AGUA HEDIONDA;THENCE ALONG
SAID RANCHO LINE SOUTH 02°38'00"EAST 1341.36 FEET TO A POINT ON THE
SOUTHERLY LINE OF THE NORTHEAST QUARTER OF SAID FRACTIONAL SECTION 24;
PAGE 47
•01.111.1110101fto MOVIONOWNWOM
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ORDER NO.1144050 -6
THENCE LEAVING SAID RANCHO LINE ALONG SAID SOUTHERLY LINE SOUTH
89°28'04"EAST TO THE POINT OF BEGINNING.
PARCEL 4:
ALL THAT PORTION OF SECTION 18 AND 19,TOWNSHIP 12 SOUTH,RANGE 3
WEST,SAN BERNARDINO BASE AND MERIDIAN,ACCORDING TO THE OFFICIAL PLAT
THEREOF,IN THE CITY OF CARLSBAD,COUNTY OF SAN DIEGO,STATE OF
CALIFORNIA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A 2 INCH IRON PIPE WITH A DISC MARKED "RCE 9416",
ACCEPTED AS THE NORTHWESTERLY CORNER OF LA COSTA MEADOWS UNIT NO.3,
ACCORDING TO SAID MAP NO.7076;THENCE NORTH 0°52'06"EAST ALONG THE
WEST LINE OF SAID SECTION 19,A DISTANCE OF 1337.52 FEET;THENCE NORTH
0°03'46"WEST A DISTANCE OF 565.88 FEET TO A POINT IN THE ARC OF A
NONTANGENT 2000.00 FOOT RADIUS CURVE CONCAVE NORTHERLY,A RADIAL LINE
TO SAID POINT BEARS SOUTH 8°39'55"EAST;THENCE LEAVING SAID WESTERLY
LINE OF SECTION 19,EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 16°29'25"A DISTANCE OF 575.62 FEET;THENCE NORTH
64°50'40"EAST 1165.58 FEET TO THE BEGINNING OF A TANGENT 2000.00 FOOT
RADIUS CURVE CONCAVE SOUTHERLY;THENCE EASTERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 21°00'00"A DISTANCE OF 733.04 FEET;
THENCE NORTH 85°50'40"EAST 92.05 FEET;THENCE NORTH 4°09'20"WEST
688.38 FEET;THENCE NORTH 85°50'40"EAST A DISTANCE OF 749.94 FEET TO
THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 19;THENCE
NORTH 0°20'46"EAST ALONG SAID EAST LINE A DISTANCE OF 498.91 FEET TO
THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 18;
THENCE NORTH 0°42'37"WEST ALONG THE EAST LINE OF SAID SOUTHWEST
QUARTER A DISTANCE OF 291.42 FEET;THENCE LEAVING SAID EAST LIEN NORTH
16°13'00"WEST A DISTANCE OF 1640.18 FEET TO THE CENTERLINE OF ROAD
SURVEY NO.757,PALOMAR AIRPORT ROAD;THENCE NORTH 68°33'29"EAST
ALONG SAID CENTERLINE A DISTANCE OF 802.54 FEET TO THE BEGINNING OF A
TANGENT 6000.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY;THENCE EASTERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 5°39'05"A
DISTANCE OF 591.81 FEET;THENCE NORTH 74°12'34"EAST A DISTANCE OF
454.40 FEET TO THE BEGINNING OF A TANGENT 3000.00 FOOT RADIUS CURVE
CONCAVE SOUTHERLY;THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH
A CENTRAL ANGLE OF 0°52'58"A DISTANCE OF 46.22 FEET TO THE EAST LIEN
OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 18;THENCE
SOUTH 0°39'40"WEST ALONG SAID EAST LINE A DISTANCE OF 2492.52 FEET TO
THE NORTHEAST CORNER OF THE WEST HALF OF THE NORTHEAST QUARTER OF SAID
SECTION 19;THENCE SOUTH 0°08'36"WEST ALONG THE EAST LINE OF SAID
WEST HALF OF THE NORTHEAST QUARTER A DISTANCE OF 2670.01 FEET TO A 2
INCH IRON PIPE MARKED ACP 1927 ACCEPTED AS THE SOUTHEAST CORNER OF THE
WESTERLY HALF OF THE NORTHEAST QUARTER OF SECTION 19;THENCE NORTH
89°45'16"WEST ALONG THE SOUTH LINE OF SAID WEST HALF OF THE NORTHEAST
QUARTER A DISTANCE OF 1308.48 FEET TO THE NORTH -SOUTH CENTERLINE OF
SECTION 19;THENCE SOUTH 0°20'46"WEST ALONG SAID NORTH-SOUTH
CENTERLINE A DISTANCE OF 1336.03 FEET TO THE SOUTHEAST CORNER OF THE
PAGE 48
IMMINIMMOIne 0110110~MI AMAMI
t A
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ORDER NO.1144050 -6
NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 19;THENCE
NORTH 89°46'50"WEST ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF
THE SOUTHWEST QUARTER TO AND ALONG THE NORTH BOUNDARY OF SAID LA COSTA
MEADOWS UNIT NO.3,MAP NO.7076,A DISTANCE OF 3097.45 FEET TO THE
POINT OF BEGINNING,EXCEPTING THEREFROM THAT PORTION GRANTED TO THE
CITY OF CARLSBAD BY DEED RECORDED FEBRUARY 24,1977 AS FILE NO.
77 -068081 OF OFFICIAL RECORDS.
EXCEPTING THEREFROM THAT CERTAIN PROPERTY AS DESCRIBED IN DEEDS
RECORDED JUNE 10,1997 AS FILE NOS.1997 -0271564 THROUGH 1997 -0271567,
ALL OF OFFICIAL RECORDS.
PARCEL 5:
THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 19,TOWNSHIP
12 SOUTH,RANGE 3 WEST,SAN BERNARDINO BASE AND MERIDIAN,IN THE
COUNTY OF SAN DIEGO,STATE OF CALIFORNIA,ACCORDING TO UNITED STATE
GOVERNMENT SURVEY THEREOF.
PARCEL 6:
ALL THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 24,TOWNSHIP 12
SOUTH,RANGE 4 WEST,SAN BERNARDINO BASE AND MERIDIAN,IN THE COUNTY
OF SAN DIEGO,STATE OF CALIFORNIA,LYING NORTHERLY;NORTHWESTERLY AND
NORTHEASTERLY OF A LINE DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER OF SECTION
24;THENCE NORTH 89°37'47"WEST ALONG THE SOUTH LINE OF SAID SOUTHEAST
QUARTER A DISTANCE OF 2635.50 FEET TO THE SOUTHWEST CORNER OF SAID
SOUTHEAST QUARTER;THENCE NORTH 0°42'05"EAST ALONG THE WEST LINE OF
SAID SOUTHEAST QUARTER A DISTANCE OF 2277.33 FEET TO THE TRUE POINT OF
BEGINNING OF THE HEREIN DESCRIBED LINE;THENCE LEAVING SAID WEST LINE
SOUTH 89°17'44"EAST A DISTANCE OF 480.00 FEET TO THE BEGINNING OF A
TANGENT 750.00 FOOT RADIUS CURVE,CONCAVE SOUTHWESTERLY;THENCE
SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
57°17'44"A DISTANCE OF 750.00 FEET;THENCE SOUTH 32°00'00"EAST A
DISTANCE OF 425.00 FEET TO THE BEGINNING OF A TANGENT 700.00 FOOT
RADIUS CURVE,CONCAVE NORTHEASTERLY;THENCE SOUTHEASTERLY ALONG THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 19°20'00"A DISTANCE OF
236.20 FEET;THENCE SOUTH 51°20'00"EAST A DISTANCE OF 440.25 FEET TO
THE BEGINNING OF A TANGENT 150.00 FOOT RADIUS CURVE,CONCAVE
NORTHERLY;THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 82°18'00"A DISTANCE OF 215.46 FEET;THENCE NORTH
46°20'00"EAST A DISTANCE OF 82.83 FEET TO THE BEGINNING OF A NON-
TANGENT 900.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY;THENCE
SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
29°32'00"A DISTANCE OF 463.91 FEET;THENCE SOUTH 73°10'00"EAST A
DISTANCE OF 120.00 FEET TO THE BEGINNING OF A TANGENT 900.00 FOOT
RADIUS CURVE,CONCAVE NORTHERLY SAID CURVE BEING THE PROLONGATION OF
PAGE 49
Mr.
r 4 o
ORDER NO.1144050 -6
A 900.00 FOOT CENTERLINE RADIUS OF EL FUERTE DRIVE AS SHOWN ON MAP NO.
7076,LA COSTA MEADOWS UNIT NO.3;THENCE EASTERLY ALONG THE ARC OF
SAID 900.00 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 1°44'50"A
DISTANCE OF 27.45 FEET TO A POINT IN THE BOUNDARY OF SAID MAP NO.
7076,SAID BOUNDARY BEING ALSO THE EAST LINE OF THE AFOREMENTIONED
SOUTHEAST QUARTER OF SECTION 24.
PARCEL 7:
ALL THAT PORTION OF SECTION 13,TOWNSHIP 12 SOUTH,RANGE 4 WEST,SAN
BERNARDINO MERIDIAN,AND ALL THAT PORTION OF SECTIONS 18 AND 19 OF
TOWNSHIP 12 SOUTH,RANGE 3 WEST,SAN BERNARDINO MERIDIAN,IN THE CITY
OF CARLSBAD,COUNTY OF SAN DIEGO,STATE OF CALIFORNIA,DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF RECORD OF SURVEY NO.9112,ON
FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,SAID
STATE;THENCE ALONG THE WESTERLY LINE THEREOF SOUTH 2°36'40"EAST,
384.39 FEET TO A POINT ON THE NORTHERLY SIDELINE OF PALOMAR AIRPORT
ROAD,PER ROAD SURVEY NO.757;THENCE SOUTH 2°38'00"EAST,28.51 FEET
TO A POINT ON THE CENTERLINE OF SAID PALOMAR AIRPORT ROAD AND THE ARC
OF A 1,200 FOOT RADIUS CURVE CONCAVE SOUTHERLY,A RADIAL LINE TO SAID
POINT BEARS NORTH 2°03'04"EAST;THENCE LEAVING SAID WESTERLY LINE,
EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
3°01'34",A DISTANCE OF 63.38 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE
OF 17°12'00",A DISTANCE OF 360.24 FEET;THENCE SOUTH 67°43'22"EAST,
1,328.80 FEET TO THE BEGINNING OF A TANGENT 1,000 FOOT RADIUS CURVE
CONCAVE NORTHERLY;THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH
A CENTRAL ANGLE OF 3°09'32",A DISTANCE OF 55.13 FEET TO A POINT ON
THE ARC OF A NON -TANGENT 2,263 FOOT RADIUS CURVE CONCAVE NORTHERLY,A
RADIAL LINE TO SAID POINT BEARS SOUTH 8°33'46"WEST;THENCE EASTERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 16°17'25",A
DISTANCE OF 643.41 FEET TO A POINT ON THE ARC OF A NON-TANGENT 1,000
FOOT RADIUS CURVE CONCAVE NORTHERLY,A RADIAL LINE TO SAID POINT BEARS
SOUTH 18°16'59"EAST;THENCE EASTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 3°09'32",A DISTANCE OF 55.13 FEET;THENCE
LEAVING SAID CURVE,NON-TANGENT SOUTH 21°26'31"EAST,30.00 FEET;
THENCE SOUTH 8°51'23"WEST,723.04 TO A POINT ON THE ARC OF A NON -
TANGENT 900 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY,A RADIAL LINE TO
SAID POINT BEARS SOUTH 63°32'15"EAST;THENCE SOUTHWESTERLY ALONG THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 34°19'16",A DISTANCE OF
539.12 FEET;THENCE SOUTH 60°47'01"WEST,206.20 FEET TO THE BEGINNING
OF A TANGENT 825 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY;THENCE
PAGE 50
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ORDER NO.1144050 -6
SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
30°47'01",A DISTANCE OF 443.25 FEET;THENCE SOUTH 30°00'00"WEST,
194.76 FEET TO A POINT ON THE ARC OF A NON-TANGENT 2,200 FOOT RADIUS
CURVE CONCAVE NORTHEASTERLY,A RADIAL LINE TO SAID POINT BEARS SOUTH
25°34'21"WEST;THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 61°47'39",A DISTANCE OF 2,372.73 FEET;
THENCE NORTH 2°38'00"WEST,414.70 FEET TO THE TRUE POINT OF
BEGINNING.
r.
PAGE 51