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HomeMy WebLinkAboutCDP 2017-0008; Life Technologies Corporation; 2017-0615904; Encroachment AgreementRECORDING IS REQUESTED FOR THE BENEFIT OF THE CARLSBAD MUNICIPAL WATER DISTRICT WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 DOC# 2017-0615904 111111111111 lllll 111111111111111111111111111111 IIIII IIIII 1111111111111 Dec 29, 2017 02:13 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr , SAN DIEGO COUNTY RECORDER FEES: $48.00 PAGES 12 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 212-050-43 -----------PROJECT ID: CDP2017-0008 PROJECT NAME: THERMO-NEWTON PARKING RELATED PROJECT ID: EAGREE2017-0017 RELATED PROJECT ID: SDP2017-0004, GR2017-0045 ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CARLSBAD MUNICIPAL WATER DISTRICT, a public agency organized under the Municipal Water Act of 1911 ("District") and Life Technologies Corporation, A Delaware Corporation ("Owner"), in accordance with Chapter 11.16 of the Carlsbad Municipal Code. 1. The Property. Owner is the owner of that certain real property located at 5823 Newton Drive in the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 212-050-43, and more particularly described in Exhibit "A", attached hereto and incorporate herein by reference. 2. The Easement. District currently owns an existing easement over, under, and across Owner's property for which easement is described in Exhibit "B" attached hereto and incorporated by reference. 3. The Encroachment. District hereby covenants and agrees and grants its permission to Owner to allow private curb, pervious pavement and storm drain to remain in a portion of the public waterline easement. A plat showing the location of the encroachment is attached as Exhibit "C" attached hereto and incorporated by reference. This Agreement is subject to the following terms and conditions: (A) The encroachment shall be installed and maintained in a safe and sanitary condition at the sole cost, risk, and responsibility of the owner and its successors in interest. (B) The Owner shall agree at all times to indemnify and hold the District free and harmless from any and all claims, demands, losses, damages, or expenses resulting from the construction, maintenance, use, repair or removal of the structure installed hereunder, including any loss, damage, or expense arising out of 01/25/13 '") ..... - (1) loss or damages to property and (2) injury to or death of persons. (C) The Owner must remove or relocate any part of the encroachment within ten (10) days or such other time as specified in the notice after receipt of it from the District, or the District may cause such work to be done and the reasonable cost thereof shall constitute a lien upon the property. (D) Whatever rights and obligations were acquired by the District with respect to the easement shall remain and continue in full force and effect and shall in no way be affected by District's grant of permission to construct and maintain the encroachment structure. 4. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all other agreements, oral or written, between the parties with respect to the subject matter. 5. Notices. Any notice which is required or may be given pursuant to this Agreement shall be sent in writing by United States mail, first class, postage pre-paid, registered or certified with return receipt requested, or by other comparable commercial means and addressed as follows: If to the District: City Engineer City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 If to the Owner: Thermo Fisher Scientific 5781 Van Allen Way Carlsbad, CA 92008 which addresses may be changed from time to time by providing notice to the other party in the manner described above. 6. Waiver. District's consent to or approval of any act or omission by Owner shall not constitute a waiver of any other default by Owner and shall not be deemed a waiver or render unnecessary District's consent for approval to any subsequent act by Owner. Any waiver by District of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of the Agreement. 7. Successors and Assigns. This Agreement shall be binding and inure to the benefit of the parties hereto and their respective legal representatives, successors, and assigns. Owner agrees to incorporate this agreement by reference in any subsequent deeds to the property, but any failure to do so does not invalidate this provision. 8. Capacity. Each party represents that the person(s) executing this Agreement on behalf of such party have the authority to execute this Agreement and by such signature(s) thereby bind such party. Ill Ill Ill 2 01/25/13 IN WITNESS WHEREOF, these parties hereto have executed this Agreement on this b ~ day of l\Jo~eM ~r , 20 \t OWNER: Life Technologies Corporation, A Delaware Corporation (Print Name Here) - By: --------------(Sign Here) (Print Name Here) APPROVED AS TO FORM: CELIA BREWER City Attorney By: 7~oN°kEMP Assistant City Attorney 3 DISTRICT, CARLSBAD MUNICIPAL WATER DISTRICT, a public agency organized under the Municipal Water Act of 1911 JASON S. GELDERT, Engineering Manager ting for District RC 01/25/13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 • A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of oaJJ Dttbb On fuen~r 1,, W~ore me, _12ofa-=-=-.............. 12'--'-'-VJ~e~:J~'O_,_N~t-:~-.z+--'-AJ~o~r,~A~i_,__y_____,f)f---u~~-.c'/~r __ Date Here Insert Nam{ and Title of the Officer personally appeared ---------J ~A-~~o_AJ_~6~. --G~-e,~lei~~-f-_Y ______ _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. r······· ..................................................... E ............. ·.··············1 a ROXANN JONES N COMM. #2107902 -t !!; NOTARY PUBLIC • CALIFORNIA fa WITNESS my hand and official seal. ..,_ SAN DIEGO COUNTY N t Commission ExpiesApril 20. 2019 j ........................................................................................ ., ........... ,,. .. Place Notary Sea/ Above ----------------OPTIONAL---------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: _____________ Document Date: _______ _ Number of Pages: ___ Signer(s} Other Than Named Above: ____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ___________ _ Signer's Name: ___________ _ D Corporate Officer -Title(s): ______ _ D Corporate Officer -Title(s): ______ _ D Partner -D Limited D General D Partner -D Limited D General D Individual D Attorney in Fact D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Trustee [J Guardian or Conservator D Other: ______________ _ D Other: _____________ _ Signer Is Representing: ________ _ Signer Is Representing: ________ _ ~~~~~~~~~~~gm:~~~~gm:~~~~~~~~~~~~~~~~~'"~ ©2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Californi~ , 1 County of.SA-JJ /J, cL~ ) On '' / ctfa.Ol 7 before me, ""'-L..'--"-i's'--'------'-4----'PL----'-'ll'--Z-'-Ae_--="'-'--{(__-=--+-< µ.L;uo-"'C....Jm'--'------'--'-t----'-~--'--N-· __.:::_:.61__::I t=----· , Date Here Insert Name ~nd Title of the Officer persona11y appeared --ill~f'~f?:-~_"'t_-n:_· ---~m-~1_·L,~F_-~S=-________ _ Name.{ii(of Signe~ who proved to me on the basis of satisfactory evidence to be the ~rsort6hose nam~ @~ su__ps~ibed_),0 the within instrumej)Vclnd acknowle ed to_.,P7e that~~~ executed the same in ,litfs$,er J.l~Tr authorized capacit~s), and that by · 1/t~r signatur¥or, the instrument the perso~ or t entity upon behalf of which the person acted, executed the instrument. r········ ... ·.·-................................................................................. , • LISA PUZACK t NOTA~~ll~m:ORNIA 2 j:! SAN DIEGO COUNTY 3 t Commssion Expi8s Oct 18, 2021 I •••• ,.-..•.v.• ......................... •.•,(' •• ,.., •••• , ........... , ••• \,.,,.,•,.,. ....... .,, .... , ••• Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and cor. WITNESS ----------------OPTIONAL---------------- ough this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description o ached Document Title or Type of Doc Number of Pages: Other Than Named Above: _____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ___________ __,.,,,~ Corporate Officer -Title(s): ______ _ _ Partner -Limited -General Individual Attorney in Fact Trustee -Guardian or Conservator Other: ______________ _ Signer Is Representing: _________ _ Signer's Name: ____________ _ _ Corporate Officer -Title(s): ______ _ . Limited ___ General _ Attorney in Fact Guardian or Conservator XX:X,'C<;'C(,'C<;;'C<,~~'C(,CC<,~'C(,".CCC<,~~'G(,~'Cl';,'C(;~~'=,'C(JC(;,'C(,~'C(,'C:K,'C(,'<X,'C(,'C(,'G{,'C<;,'C<;,~'U<.;,'C(,'G<; ©2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California/) ) County of, 52:11 U/~ ) On /Jol)eMbt{ ?z}Zdl before me, J2o"tG:/\M ::Jo/7-eS /IJ07Mvf}u6uc, Date j Here Insert Name and 11tte of the Officer personally appeared _____ Q_tJD~iJ~~::J~· ·--(;e-=--~ ..... U~~-f _________ _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ................... , I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. •:r:1.1~;~ WITNESS my hand and official seal. l ....................................... , ............ ·.·••••hh•u•h•h••j Place Notary Sea/ Above ----------------opnONAL---------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: _____________ Document Date: _______ _ Number of Pages: ___ Signer(s) Other Than Named Above: ____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ___________ _ Signer's Name: ___________ _ D Corporate Officer -Title(s): ______ _ D Corporate Officer -Title(s): ______ _ D Partner -D Limited D General D Partner -D Limited D General D Individual [J Attorney in Fact D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Trustee D Guardian or Conservator D Other: ______________ _ D Other: _____________ _ Signer Is Representing: ________ _ Signer Is Representing: ________ _ ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 EAGREE 2017-0017 I -)! l \ R.O.S. No. 9670 20' WATER EASEMENT PER DOC. #1999-0252311 \ PORTION OF LOT "F" MAP 823 20' WATER EASEMENT PER DOC. #1999-0252311 20' PUBLIC WATER EASEMENT PER DOC. #1999-0252311 CD PRIVATE STORM DRAIN ENCROACHMENT f0'\ PRIVATE CURB & PERVIOUS \.::.JPA~NG ENCROACHMENT G) PRIVATE CURB ENCROACHMENT 150 75 0 150 300 450 l~-~--i I l SCALE: 1 "= 150' \ 1111111111~ ~urn11i ~ c DD C EXHIBIT C WATER EASEMENT ENCROACHMENTS 9755 Clairemont Mesa Blvd., San Diego, CA 92124 Phone: (858) 614-5000 · MBAKERINTL.COM EXHIBIT "A" EAGREE 2017-0017 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: ALL THAT PORTION OF LOT "F" OF RANCHO AQUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: COMMENCING AT POINT 23 OF LOT "F" AS SHOWN ON SAID MAP NO. 823; THENCE SOUTH 54 DEGREES 10'08" EAST ALONG THE NORTHERLY LINE OF SAID LOT "F" A DISTANCE OF 807.00 FEET TO THE MOST EASTERLY CORNER OF THE LANDS CONVEYED BY CHARLES KELLY TO ELMER CARPENTER BY DEED RECORDED JUNE 1, 1937 IN BOOK 662, PAGE 75 OF OFFICIAL RECORDS, RECORDS OF SAID COUNTY; THENCE CONTINUING SOUTH 54 DEGREES 1 O' 08" EAST ALONG THE NORTHERLY LINE OF SAID LOT "F" A DISTANCE OF 540.00 FEET; THENCE SOUTH 35 DEGREES 49' 52" WEST AT RIGHT ANGLES TO THE NORTHERLY LINE OF SAID LOT "F" A DISTANCE OF 1166.23 FEET TO THE TRUE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE CONTINUING SOUTH 35 DEGREES 49' 52" WEST A DISTANCE OF 1091.51 FEET TO THE BOUNDARY OF THE LAND DESCRIBED UNDER PARCEL 1 IN FINAL JUDGMENT IN PARTITION RECORDED MARCH 24, 1965 AS FILE NO. 52516 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE NORTH 52 DEGREES 32' 21" WEST ALONG SAID BOUNDARY A DISTANCE OF 478.72 FEET; THENCE LEAVING SAID BOUNDARY AT RIGHT ANGLES NORTH 37 DEGREES 27' 39" EAST A DISTANCE OF 740.00 FEET; THENCE AT RIGHT ANGLES NORTH 52 DEGREES 32'21" WEST A DISTANCE OF 294.32 FEET; THENCE AT RIGHT ANGLES SOUTH 37 DEGREES 27' 39" WEST A DISTANCE OF 321.90 FEET; THENCE AT RIGHT ANGLES NORTH 52 DEGREES 32' 21" WEST A DISTANCE OF 597.36 FEET TO AN INTERSECTION WITH SAID BOUNDARY OF SAID PARCEL 1 DESCRIBED IN INSTRUMENT NO. 52516 OF OFFICIAL RECORDS, WHICH IS A POINT ON A NON-TANGENT CIRCULAR CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 600.00 FEET, A RADIAL LINE BEARS NORTH 67 DEGREES 36' 49" WEST TO SAID POINT; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE AND ALONG SAID BOUNDARY A DISTANCE OF 209.70 FEET THROUGH A CENTRAL ANGLE OF 20 DEGREES 01' 31 "; THENCE NORTH 42 DEGREES 24' 42" EAST A DISTANCE OF 429.16 FEET; THENCE SOUTH 54 DEGREES 10' 08" EAST 1321.26 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION LYING WITHIN CARLSBAD TRACT NO. 83-25, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 11278, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 9, 1985. PARCEL 1A: AN EASEMENT AND RIGHT OF WAY, TOGETHER WITH THE RIGHT TO CONVEY SAME TO OTHERS FOR INGRESS AND EGRESS FOR ROAD PURPOSES OVER, ALONG AND ACROSS A STRIP OF LAND 40.00 FEET IN WIDTH LYING WITHIN LOT "F" OF RANCHO AGUA HEDIONDA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, THE CENTER LINE OF SAID 40.00 FOOT STRIP BEING DESCRIBED AS FOLLOWS: BEGINNING AT POINT 1 OF SAID LOT "F" AS SHOWN ON SAID MAP; THENCE 25 DEGREES 01'05" EAST (RECORD SOUTH 24 DEGREES 45' 00" EAST) A DISTANCE OF 229.00 FEET TO A POINT, WHICH POINT IS DESIGNATED ON SAID MAP AS POINT 23 OF LOT "F", THIS POINT BEING THE TRUE POINT OF BEGINNING, AND WHICH POINT IS THE MOST NORTHERLY CORNER OF LANDS CONVEYED BY CHARLES KELLY TO ELMER CARPENTER BY DEED RECORDED JUNE 1, 1937 IN EXHIBIT "A" (Continued) BOOK 662, PAGE 75 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; THE SAID CARPENTER LAND BEING NOW KNOWN AS ROBERT E. HICK'S PROPERTY; THENCE ALONG THE WESTERLY AND NORTHWESTERLY BOUNDARY OF SAID CARPENTER (HICKS) LAND AS FOLLOWS: SOUTH 11 DEGREES 51' 12" WEST, 315.60 FEET TO AN ANGLE POINT; AND SOUTH 42 DEGREES 55' 37" WEST, 374.50 FEET TO THE MOST WESTERLY CORNER OF SAID LAND; THENCE SOUTH 54 DEGREES 10' 08" EAST A DISTANCE OF 2.14 FEET ALONG THE SOUTHERN BOUNDARY OF THE HICK'S PROPERTY TO THE CENTER LINE OF THE WATER LINE EASEMENT PREVIOUSLY GRANTED TO THE CARLSBAD MUNICIPAL WATER DISTRICT AND KNOWN AS LINE "D" OF THE C.M.W.D.; THENCE SOUTH 42 DEGREES 38' 52" WEST (ON AND ALONG THE NORTHEASTERLY BOUNDARY OF THE ALLEN PARCEL NO. 1) DESCRIBED IN "EXHIBIT A" OF SAID DOCUMENT NO. 236220 OF OFFICIAL RECORDS (AND ON AND ALONG THE CENTER LINE OF SAID LINE "D" OF THE C.M.W.D.) A DISTANCE OF 938.72 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHEASTERLY, AND HAVING A RADIUS OF 600.00 FEET; THENCE SOUTHWESTERLY ALONG THE CURVE OF SAID ARC, 269.80 FEET TO A POINT; THENCE SOUTH 16 DEGREES 38' 52" WEST 386.15 FEET TO THE SOUTHWESTERLY CORNER OF SAID DYE PROPERTY DESCRIBED IN AFOREMENTIONED DOCUMENT NO. 236219 OF OFFICIAL RECORDS; THENCE SOUTH 52 DEGREES 32' 21" EAST (ON AND ALONG THE SOUTHWESTERLY BOUNDARY OF THE SAID DYE PROPERTY AND CONTINUING ON THE SAME SEARING ALONG THE SOUTHWESTERLY BOUNDARY OF THE ALLEN PORTION 2 DESCRIBED IN EXHIBIT "A" OF AFOREMENTIONED DOCUMENT NO. 236200) A TOTAL DISTANCE OF THIS BEARING OF 1214.69 FEET TO THE MOST SOUTHEASTERLY CORNER OF SAID ALLEN PORTION 2, WHICH IS THE MOST SOUTHERLY TERMINUS OF THIS EASEMENT. EXCEPTING THEREFROM ANY PORTION LYING WITHIN PARCEL 1.EXCEPTING THAT PORTION LYING NORTHEASTERLY OF THE SOUTHWESTERLY LINE OF ROAD SURVEY NO. 1800-1 AS DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO, RECORDED OCTOBER 29, 1969 AS FILE NO. 198734 OF OFFICIAL RECORDS OF SAID COUNTY. PARCEL 1 B: AN EASEMENT FOR PEDESTRIAN AND VEHICULAR INGRESS AND EGRESS OVER A PORTION OF LOT 93, MAP NO. 12815, AS MORE SPECIFICALLY SET FORTH IN THAT CERTAIN DOCUMENT ENTITLED "TEMPORARY GRADING CONSTRUCTION AND ACCESS EASEMENT" RECORDED JUNE 10, 1998 AS FILE NO. 1998-0352324 OF OFFICIAL RECORDS. PARCEL 2: ALL THAT PORTION OF LOT "F" OF RANCHO AQUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: COMMENCING AT POINT 23 OF SAID LOT "F" AS SHOWN ON SAID MAP NO. 823; THENCE SOUTH 54 DEGREES 1 O' 08" EAST (RECORD SOUTH 53 DEGREES 52' 00" EAST) ALONG THE NORTHERLY LINE OF SAID LOT "F" A DISTANCE OF 807.00 FEET TO THE MOST EASTERLY CORNER OF THE LAND CONVEYED BY CHARLES KELLY TO ELMER CARPENTER BY DEED RECORDED JUNE 1, 1937 IN BOOK 662, PAGE 75 OF OFFICIAL RECORDS, RECORDS OF SAID COUNTY AND THE TRUE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE CONTINUING SOUTH 54 DEGREES 10' 08" EAST ALONG THE NORTHERLY LINE OF SAID LOT "F" A DISTANCE OF 540.00 FEET; THENCE SOUTH 35 DEGREES 49' 52" WEST AT RIGHT ANGLES TO THE NORTHERLY LINE OF SAID LOT "F" A DISTANCE OF 1166.23; THENCE NORTH 54 DEGREES 1 O' 08" WEST, A DISTANCE OF 1321.26 FEET TO THE BOUNDARY OF THE LAND DESCRIBED UNDER PARCEL 1 IN FINAL JUDGMENT IN PARTITION RECORDED MARCH 24, 1965 AS FILE NO. 52516 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE NORTH 42 DEGREES 24' 42" EAST ALONG SAID BOUNDARY A DISTANCE OF 509.59 FEET TO THE SOUTHWESTERLY LINE OF SAID CARPENTER LANDS; THENCE SOUTH 54 DEGREES 1 O' 08" EAST ALONG THE SOUTHWESTERLY EXHIBIT "A" (Continued) LINE OF SAID CARPENTER LAND, A DISTANCE OF 722.86 FEET, MORE OR LESS TO THE SOUTHEASTERLY LINE OF SAID CARPENTER LAND; THENCE NORTH 35 DEGREES 49' 52" EAST ALONG THE SOUTHEASTERLY LINE OF SAID CARPENTER LAND; A DIST ANGE OF 660.00 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION LYING WITHIN CARLSBAD TRACT NO. 83-25, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 11278, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JULY 9, 1985.ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE ENVIRONMENTAL TRUST BY GRANT DEED RECORDED JUNE 10, 1998 AS FILE NO. 1998-0352323 OF OFFICIAL RECORDS MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PORTION OF LOT "F" OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN ON MAP NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE EASTERLY TERMINUS OF THAT CERTAIN COURSE DESIGNATED AS SOUTH 89 DEGREES 50' 06" EAST 1094.39 FEET ON THE SOUTHERLY LINE OF CARLSBAD TRACT NO. 83-25 ACCORDING TO MAP THEREOF NO. 11278, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; THENCE CONTINUING ALONG A PORTION OF SAID SOUTHERLY LINE NORTH 71 DEGREES 02' 42" EAST 128.42 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 71 DEGREES 02' 42" EAST 452.78 FEET TO A POINT ON THE NORTHWESTERLY LINE OF RECORD OF SURVEY MAP NO. 8467, FILED IN SAID COUNTY AND STATE; THENCE ALONG SAID LINE SOUTH 35 DEGREES 50' 50" WEST 370.00 FEET; THENCE LEAVING SAID NORTHWESTERLY LINE NORTH 54 DEGREES 09' 10" WEST 260.98 FEET TO THE TRUE POINT OF BEGINNING. APN: 212-050-43 10/26/17 DATE EXHIBIT "B" EAGREE 2017-0017 WATER EASEMENT BEING A PORTION OF LOT "F" OF RANCHO AGUA HEDIONDA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON NOVEMBER 16, 1896. A STRIP OF LAND 20.00 FEET IN WIDTH THE CENTERLINE BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF THAT CERTAIN PARCEL OF LAND AS SHOWN ON RECORD OF SURVEY MAP NO. 9670, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON MAY 17, 1984, AND DELINEATED AS "BARBARA J. HIGDON 5.00 ACRES GROSS", THENCE ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL NORTH 3 7 ° 27 '27" EAST 70. 05 FEET; THENCE LEAVING SAID LINE SOUTH 52°31'1111 EAST 68.73 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 52 ° 31' 1111 EAST 31. 58 FEET; THENCE NORTH 37 ° 00' 0011 EAST 20. 00 FEET; THENCE RETRACING SOUTH 37°001 0011 WEST 20.00 FEET; THENCE SOUTH 52°31 1 1111 EAST 169.38 FEET; THENCE SOUTH 37°28 1 4911 WEST 70.06 FEET; THENCE RETRACING· NORTH 37°28'49" EAST 70.06 FEET; THENCE SOUTH 52°31'11" EAST 140.44 FEET; THENCE NORTH 35"50 1 46" EAST 28.98 FEET; THENCE SOUTH 54°09 1 14" EAST 30.00 FEET; THENCE RETRACING NORTH 54°09 1 14" WEST 30.00 FBET; THENCE NORTH 35°50 1 4611 EAST 272.08 FEET; THENCE NORTH 54 ° 09' 14" WEST 21. 00 FEET; THENCE RETRACING SOUTH 54°09 1 14" EAST 21.00 FEET; THENCE NORTH 35"50 1 4611 EAST 405.85 FEET; THENCE SOUTH 54°18'34 11 EAST 34.94 FEET;.THENCE RETRACING NORTH 54°18'34" WEST 34.94 FEET; THENCE NORTH 35°50 1 4611 EAST 21.69 FEET; THENCE NORTH 54°09'1411 WEST 205.33 FEET; THENCE NORTH 35°50 1 46 11 EAST 40.00 FEET; THENCE RETRACING SOUTH 35 ° 50 '46" WEST 40. 00 FEET; THENCE NORTH 54"09 1 14" WEST 23.57 FEET; THENCE SOUTH 88°01 1 43" WEST 158.99 FEET; THENCE SOUTH 35°50 1 4611 EAST 95.61 FEET; THENCE SOUTH 53"00'00" EAST 23.50 FEET; THENCE RETRACING NORTH 53°00'00" WEST 23.50 FEET; THENCE SOUTH 35°50 146" WEST 272.97 FEET; THENCE NORTH 54"09'14" WEST 19.50 FEET; THENCE RETRACING SOUTH 54"09'14" EAST 19.50 FEET; THENCE SOUTH 35°50'46" WEST 19.92 FEET; THENCE SOUTH 54°09 1 14" EAST 41.00 FEET; THENCE RETRACING NORTH 54"09'14" WEST 41.00 FEET; THENCE SOUTH 35°50'46" WEST 221.21 FEET TO A POINT OF TERMINUS. THE SIDELINES OF THE HEREIN DESCRIBED EASEMENT SHALL BE PROLONGED OR SHORTENED TO CREATE CONTINUOUS AND FULL EASEMENT WIDTH AT ALL INTERSECTING COURSES AND CURVES. 10/26/17 Charles L. Scott III, PLS DATE EAGREE 2017-0017 j I I I I I I I Cr' I R.o.a. No. 9670 20' WATER EASEMENT PER DOC. #1999-0252311 PORiJON OF Loi •F• MAP 8:28 20' WATER EASEMENT PER DOC. #1999-0252311 - - - - -20' PUBLIC WATER EASEMENT _ _ _ _ _ PER DOC. #1999-0252311 CD PRIVATE STORM DRAIN ENCROACHMENT 10\ PRIVATE CURB & PERVIOUS "-VPAVING ENCROACHMENT Q) PRIVATE CURB ENCROACHMENT 150 75 0 150 300 450 I ~1------i I I SCALE: 1"=150' \ EXHIBIT C WATER EASEMENT ENCROACHMENTS 9755 Clairemont Mesa Blvd., San Diego, CA 92124 Phone: (858) 614-5000 · MBAKERINTL.COM