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HomeMy WebLinkAboutCUP 258B; KSL La Costa Resort Corporation; 2003-0063449; Hold Harmless Agreement/ReleaseDOC # 2003-0063449 JAN 179 2003 12~21 PMi OFFICIAL EWRDS SAN DIEM3 IXltiTY RECORDER’S OFFICE GREGORY J. s#ITH, COUNTY REMRDm FEE!!: 0.00 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 SPACE ABOVE THIS LINE FOR RECORDERS USE ASSESSOR’S PARCEL NO. 216-123-05-00, 21 6-21 0-04-00, 21 6-123-07-00 PROJECT NO. & NAME: CUP 258(B) La Costa Resort & Spa Creek Parking HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City’s approval of a grading plan (Dwg. No. 402-2A) for development to occur on property described as attached Exhibit “A more particularly described as (APN No. 216-123-05-00, 216-21 0-04-00, 216-123-07-00), and other good and valuable consideration, receipt of which is hereby acknowledged, I/(We) KSL La Costa Resort Corporation, a Delaware Corporation, the owner@) of said property promise to indemnify and to hold the City of Carlsbad, its officers, agents and employees harmless from liability for injuries to any persons, or damage to or taking of any property including public property, directly or indirectly caused by the geological failure of any nature, type or cause or any subsequent damage that may occur on or adjacent to this subdivision due to its construction, operation or maintenance. Approval of the plans or permits, or inspection of any work done pursuant to those plans or permits by the City shall not constitute an assumption by the City of any responsibility for any damage or taking referenced in this agreement. City shall not be responsible in any manner whatsoever for the design, compaction, construction or maintenance of the slopes, cuts, fills or improvements made or done pursuant to the approved plans, nor shall any officer or employee thereof be liable or responsible for any accident, loss or damage happening or occurring during the construction work or improvements as specified in this agreement. The entire risk of any loss resulting from or caused by any geological failure is assumed by and shall be borne by the owner. 1 H:/Development ServciedMastedBonds & AgreementslHdd Harmless Agt Geological Failure Rev. 12/08/98 It is agreed that the above owners will maintain all slopes and landscaping in a manner to insure slope stability to the satisfaction of the City Engineer. The owners agree to repair any damage to public improvements caused by any geological failure referred to in this agreement to the satisfaction of the City Engineer. The owners agree to repair or stabilize any slope which the City Engineer determines may fail and cause damage to public improvements. It is further agreed that this agreement shall be binding on all heirs, successors or assigns having an interest in all or any part of the property described herein. IN WITNESS WHEREOF, the undersigned has executed this instrument this 2.g day of / YV’ I 20LZ a Delaware Fign here)v T 3OdO2 (print name and title) By: (sign here) (print name and title) Date: ~ APPROVED AS TO FORM: ~ RONALD R. BALL City Attorney (Ppr notarial acknowledgment of execution by SUBDIVIDER must be attached) (Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) 2 1 H:/Development Servcl&Masters/Bonds & Agreements/Hold Harmless Agt Geological Failure Rev. 12/06/98 State of California 1 County of San Diego ) 1 personally appeared (Name[s] of SignerIs]) 0 personally known to me -OR (proved to me on the basis of satisfactory evidence) to be the persono whose name is/$ subscribed to the within instrument and acknowledged to me that he/skeHkey executed the same in his/- authorized capacity(@$, and that by his/he&hdr signature@ on the instrument the person@ or entity upon behalf of which the perso@) 9 acted, executed the instrument. WITNESS my hand and official seal (This area for official notary seal) Title or Type of Document Date of Document No. of Pages Signer(s) other than named above ,I ,. Exhibit "A" - -, Page 1 DESCRIPTION /., Order'No. 23048181 /*'. PARCEL 1 : '/ f :, A PARCEL OF LAND BEING A PORTION OF SECTION .26 AND SECTION 35 BOTH IN TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: BEG INN I NG AT THE SOUTHWEST CORNER OF LOT 10 OF LA COSTA GREENS, ACCORD I NG TO MAP THEREOF NO. 6708, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; THENCE ALONG THE WESTERLY BOUNDARY LINE OF SAID LOT 10 AND THE WESTERLY BOUNDARY LINE OF' SAID MAP NO. 6708 NORTH 12'12'00'' EAST 204.77 FEET; THENCE, LEAVING SAID BOUNDARY LINE NORTH 89"01'27" WEST 533.50 FEET; THENCE NORTH 43'01'27" WEST 479.25 FEET; THENCE SOUTH 57'35'48" WEST, 310.84 FEET; THENCE NORTH 32"24'12" WEST 428.28 FEET; THENCE NORTH 57'35'48" EAST 78.43 FEET; THENCE NORTH 18'01'27" WEST 87.98 FEET; THENCE NORTH 48'01'27" WEST 30.00 FEET; THENCE NORTH 58'24'19" EAST 132.00 FEET; THENCE NORTH 13'39'79" EAST 42.61 FEET; .THENCE NORTH 58'24'19" EAST 77.48 FEET; THENCE SOUTH 31'35'41" EAST 108.00 FEET; THENCE NORTH 58"24' 19" EAST 325.00 FEET; THENCE SOUTH 31 "35 '41 " EAST 161 .60 FEET; THENCE NORTH 62'58'33'' EAST 123.83 FEET; THENCE NORTH .16"58'33" EAST 246.99 FEET; THENCE NORTH 07'01'27'' WEST 294.00 FEET; THENCE NORTH 00'58'33" EAST 296.00 FEET; THENCE NORTH 06'01'27" WEST 668.01 FEET; THENCE NORTH 20"58'33" EAST 262.99 FEET; THENCE NORTH 51'58'33" EAST 71.49 FEET TO AN ANGLE POINT ON THE SOUTHEASTERLY BOUNDARY LINE OF LA COSTA VALLEY UNIT NO. 3 ACCORDING TO MAP THEREOF NO. 5734 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO CWNTY, SAID POINT BEING ONTHE ARC OF A 320.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL BEARING TO SAID POINT BEARS NORTH 19'41'27" WEST; THENCE, ALONG SAID SOUTHEASTERLY BOUNDARY .. LINE THE FOLLOWING COURSES: SOUTHWESTERLY ALONG THE ARC OF SAID 320.00 FOOT , ._ THENCE TANGENT TO SAID CURVE SOUTH 50'15'15" WEST 382.55 FEET TO THE BEGINNING OF :. .) RAD IUS CURVE THROUGH A CENTRAL' ANGLE OF 20'03' 18" A DISTANCE. OF 112.01 FEET; A TANGENT 708.00 FOOT RADI us CURVE CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAlD CURVE THROUGH A CENTRAL ANGLE OF 10'41'04" A DISTANCE OF 132.03. FEET; THENCE SOUTH 77'45'43" WEST 20.51 FEET; THENCE SOUTH 60'07'09" WEST 37.00 FEET TO THE MOST SOUTHERLY ANGLE POINT OF SAID MAP NO. 5734, SAIDPOINT NO. 2 MAP NO. 5486 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; THENCE LEAVING SAID SOUTHEASTERLY LINE OF MAP NO. 5734 NORTH 70'17'18" MAP NO. 5486, SAID POINT BEING ON THE ARC OF A 720.00 FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 19'14'27" EAST; THENCE WESTERLY ALONG SAID CENTER LINE AS SHOWN ON MAP NO.. 5486 AND LA COSTA VALLEY UNIT NO. 1 MAP 5434 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, THROUGH A CENTRAL ANGLE OF 39'14'42'' A DISTANCE OF 493.17 FEET; THENCE TANGENT AND CONTINUING ALONG SAID CENTER LINE NORTH 69'59'45" WEST 112.81 FEET TO A POINT ON THE CENTER LINE OF EL CAMINO REAL (ROAD SURVEY NO. 682 ON FILE IN THE OFFICE OF COUNTY ENGINEER) ; THENCE ALONG THE CENTER LINE OF SAID EL CAMINO REAL THE FOLLOWING COURSES: SOUTH 20'00'15'' WEST 1261.45 FEET TO THE BEGINNING OF A TANGENT 1500 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 28'49'05'' A DISTANCE OF 754.45 FEET; THENCE TANGENT TO SAID CURVE SOUTH 08'48'50" EAST 989.06 FEET TO THE BEGINNING OF A 3400.00 F06T RAD I US CURVE CONCAVE EASTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 07'33'04'' A DISTANCE OF 448.09 FEET TO THE INTERSECTION OF THE CENTER LINE OF LA COSTA AVENUE AS SHOWN ON PARCEL MAP NO. 10283 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, A RADIAL LINE,TO THE ABOVE MENTIONED INTERSECTION BEARS SOUTH 73'38'06" W; THENCE LEAVING BEING ON THE ARC OF A CUL-DE-SAC OF ARENAL ROAD AS SHOWN ON LA COSTA VALLEY UNIT WEST 48.00 FEET TO A PO I NT ON THE CENTER LINE OF ARENAL ROAD AS SHOWN ON SAID .. .. .. .. SAlD CENTER LINE OF EL CAMINO REAL AND ALONG THE CENTER LINE OF LA COSTA AVENUE DESCRIPTION Order NO. 23048181 THE FOLLOW I NG COURSES: NORTH 84'45 ' 43" EAST, 544.19 FEET TO THE BEG INN I NG OF A TANGENT 500.00 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 46"59'16" A DISTANCE OF 410.04 FEET; THENCE TANGENT TO SAID CURVE NORTH 37"46'27" EAST 413.49 FEET TO THE BEGINNING OF A TANGENT 700.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 64"25'33" A DISTANCE OF 787.11 FEET; THENCE TANGENT TO.SAID CURVE SOUTH 77'48'00" EAST 40.80 FEET TO THE SOUTHERLY PROLONGATION OF SAID WESTERLY LINE OF LOT 10 OF MAP NO. 6708; THENCE LEAVING SAID CENTER LINE OF LA COSTA AVENUE NORTH 12'12'00" EAST 42.00 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION OF EL CAMINO REAL PER ROAD SURVEY NO. 682 AND ABOVEDESCRIBED PARCEL. ROAD SURVEY NO. 1800-1 AND VARIOUS DEEDS OF RECORD THAT LIES WITHIN THE ALSO EXCEPTING THEREFROM THE LEUCADIA COUNTY WATER DISTRICT SEWAGE TREATMENT PLANT SITE AS DESCRIBED IN DEED RECbRDED AUGUST 11, 1961. AS DOCUMENT NO. 138155 OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM THOSE PORTIONS LYING WITHIN LA COSTA VALLEY UNIT NO. 1, PER MAP NO. 5434; LA COSTA VALLEY, UNIT NO. 2, PER MAP NO. 5486; LA COSTA CONDOMINIUM UNIT NO. 3, PER MAP NO. 6129 AND LA COSTA CONDOMINIUM UNIT NO. 4, PER MAP NO. 6520, ALL FILED IN THE-OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. ALSO EXCEPTING THEREFROM THAT PORTION DESCRIBED IN THAT CERTAIN LEASE TO ATLANTIC RICHFIELO COMPANY, RECORDED MAY 26, 1966 AS DOCUMENT NO. 87636 OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM THAT PORTION LYING WITHIN PARCEL A DESCRIBED BELOW: PARCEL A: A PARCEL OF LAND BEING A PORTION OF LOT 14 IN SECTION. 35, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, AND LOT 3 OF LA COSTA CONDOMINIUM NO. 4, AS SHOWN ON MAP NO. 6520, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COU,NTY, ALL IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : BEGINNING AT A POINT IN THE SOUTHERLY RIGHT OF WAY LINE OF COSTA DEL MAR ROAD AS SHOWN ON MAP NO. 6520, SAID POINT ALSO BEING THE NORTHWEST CORNER OF LOT 3 OF SAID MAP 6520 AND ON THE ARC OF A 801.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL TO SAID POINT BEARS SOUTH 18'57'04" EAST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 19'36'39" A DISTANCE OF 72.33 FEET; THENCE SOUTH 31'34'14" EAST 156.00 FEET; THENCE SOUTH 58"25'46" WEST 352.62 FEET TO A POINT IN THE EASTERLY LINE OF A 150.00 FOOT SAN DIEGO GAS AND ELECTRIC COMQANY COMPANY EASEMENT, .RECORDED OCTOBER 16, 1956 AS DOCUMENT NO. 145345, IN BOOK 6301, PAGE 162, OFFICIAL RECORDS; THENCE SOUTH 75'59'14" WEST 152.53 FEET TO A POINT ON THE WESTERLY LINE OF SAID 150.00 FOOT EASEMENT; THENCE ALONG SAID WESTERLY LINE NORTH 24'27'21" WEST 243.40 FEET; THENCE LEAVING SAID WESTERLY LINE NORTH 29'02'39" EAST 100.20 FEET TO A POINT ON THE RIGHT OF WAY 274.16 FEET; THENCE SOUTH 31'34'14" EAST 89.00 FEET; THENCE- SOUTH 65"31'08" EAST LINE OF SAID COSTA DEL MAR ROAD, SAID POINT BEING THE BEGINNING OF A NON-TANGENT .I * .. 801'. 00 FOOT RAD I US CURVE CONCAVE NORTHWESTERLY, A RAD I AL TO SA ID PO I NT BEARS .. rl Page 3 DESCRIPTION ,*' Order No. 230481 81 SOUTH 13'55 '57" EAST; THENCE EASTERLY ALONG THE ARC CENTRAL ANGLE OF 05 '01 ' 07 " A D I STANCE OF 70.16 FEET OF TO SAID CURVE THROUGH A THE POINT OF BEGINNING. ALSO EXCEPTING FROM PARCEL 1 ABOVE, THE LA COSTA SHOPPING CENTER, BEING THOSE PORT1 ONS OF LOTS 9, 14 AND 15 OF SECT1 ON 35, TOWNSH I P 12 SOUTH, RANGE '4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFIC'IAL PLAT THEREOF, DESCRIBED AS FOLLOWS: COMMENCING AT ENGINEER'S STATION 154 PLUS 19.97 IN THE CENTER LINE OF SAN DIEGO COUNTY ROAD SURVEY NO. 1800-1 ON F I LE IN THE OFF ICE OF COUNTY ENG I NEER OF SA1 D' COUNTY; THENCE ALONG SAID CENTER LINE NORTH 08"45'46" WEST (RECORD = NORTH (78'47 '11" WEST), 434.03 FEET; THENCE AT RIGHT ANGLES NORTH 81 "14' 14" EAST (RECORD = NORTH 81"12'49" EAST), 63.00 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING IN THE EASTERLY SIDE LINE OF EL CAMINO REAL ROAD, 126.00 FEET WIDE; THENCE CONTl NUlNG NORTH 81 "14'14" EAST, 212.85 FEET TO THE BEGINNING OF A TANGENT 405 .OO, FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 15"25'46? A DISTANCE OF 109.06 FEET; THENCE TANGENT TO SA1 D CURVE SOUTH 83 "20 '00" EAST 207.67 FEET TO POINT 'A' , BE I NG AN INTERSECTION WITH THE NORTHERLY PROLONGATION OF THE WESTERLY LINE OF THE CERTAIN PARCEL OF LAND GRANTED TO LEUCADIA COUNTY WATER DISTRICT BY DEED RECORDED AUGUST 11, 1961 AS DOCUMENT NO. 138155 OFFICIAL RECORDS; THENCE ALONG SAID PROLONGATION AND SAID WESTERLY L I NE SOUTH 00' 33 '46" WEST (DEED = SOUTH 00'09' 10" EAST) 806.00 FEET TO A POINT IN THE NORTHERLY LINE OF THAT CERTAIN 84.00 FOOT EASEMENT DEDICATED TO THE COUNTY OF SAN DIEGO IN DEED RECORDED MAY 29, 1968 AS DOCUMENT NO. 90113 OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG SAID NORTHERLY LINE SOUTH 84'47'23" WEST (DEED' = SOUTH 84"47 '00" WEST) 213.15 FEET; THENCE LEAVl NG SA1 D NORTHERLY LINE AT RIGHT ANGLES NORTH 05"12'37" WEST 8.99 FEET TO THE SOUTHEAST CORNER OF THAT RECORDED MAY 26, 1966 AS DOCUMENT NO. 87636 OFFICIAL RECORDS; THENCE ALONG SAID LEASE BOUNDARY NORTH 15'39'26" WEST (LEASE = NORTH 15"31'03" WEST) 141.87 FEET TO THE SOUTHEAST CORNER OF THAT CERTAIN PARCEL OF LAND DESCRI BED IN QUITCLAIM DEED TO RANCHO LA COSTA, INC., RECORDED APRIL 17, 1967 AS DOCUMENT NO. 52816 OFFICIAL RECORDS; THENCE ALONG THE SOUTHERLY LINE OF SAID LAND DES€RIBED IN SAID QUITCLAIM DEED SOUTH 84"47'23" WEST 149.83 FEET (DEED = SOUTH 84'45'46" WEST 150.28 FEET) TO A POINT IN THE ARC OF A 2937.00 FOOT RADIUS CURVE CONCAVE EASTERLY, A RADIAL LINE TO SAID POI NT BEARS SOUTH 76' 10 ' 50" WEST (DEED = SOUTH 76'09'10" WEST), SAID POINT BEING THE SOUTHWEST CORNER OF THE PARCEL DESCRIBED IN THE AFOREMENTIONED QUITCLAIM DEED; THENCE LEAV I NG SAID 2937.00 FOOT RAD I US CURVE ALONG .THE WESTERLY PROLONGATION OF THE LAST MENTIONED RADIAL LINE SOUTH 76'10 ' 50" WEST, 1.37 FEET TO A POINT IN THE EASTERLY SIDELINE OF EL CAMINO REAL ROAD, 126.00 FEET WIDE, SAID POINT BEING IN THE ARC OF A 3337.00 FOOT RADIUS CURVE CONCAVE EASTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 76'47'10" WEST; THENCE NORTHERLY ALONG SAID EASTERLY SIDELINE THROUGH A CENTRAL ANGLE OF 04'27'04", A Dl STANCE OF 259.24 FEET; THENCE TANGENT TO SA1 D CURVE NORTH 08'45 ' 46" WEST (RECORD = NORTH 08'47'11" WEST) 434.03 FOOT TO THE TRUE POINT OF BEGINNING. ,I CERTAIN PARCEL OF LAND DESCRIBED IN THE LEASE TO ATLANTIC R I CHF I ELD COMPANY AND ALSO EXCEPT I NG FROM PARCEL 1 ABOVE THAT PORT I ON OF LOT 9 1 N SECT1 ON 35, TOWNSH I P 12 SOUTH, RECORDED 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 9; THENCE ALONG THE EAST LINE OF SA1 D LOT 9 SOUTH 00'34' 16" WEST 564.76 FEET TO THE SOUTHEAST CORNER OF THE CERTAIN PARCEL OF LAND DESCRIBED IN A DEED TO LEUCADIA COUNTY WATER DISTRICT, - . .. RECORDED AUGUST 11, 1961 AS DOCUMENT NO. 138155 OFFICIAL RECORDS, SAID CORNER *. Page 4 ,- Order No. 23048181 DESCRIPTION BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING OO"34'16" WEST 16.87 FEET TO A POINT ON THE ARC OF A RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL TO SAID ALONG SAID EAST LINE, SOUTH POINT BEARS SOUTH 51'56'36'' NON-TANGENT 458.00 FOOT EAST, SAID POINT BEING A POINT ON THE NORTHERLY SIDELJNE OF LA COSTA AVENUE AS SHOWN ON SAID MAP NO. 8379; THENCE ALONG SAID NORTHERLY'SIDELINE THE FOLLOWING COURSES: SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 46"43'51" A DISTANCE OF 373.55 FEET; SOUTH 84'47'15" WEST 123.36 FEET TO A POINT IN THE SOUTHERLY PROLONGAT!ON OF THE WEST LINE OF SAID WATER DISTRICT PARCEL; THENCE ALONG SAID PROLONGATION NORTH OO"34'16" EAST (DEED = NORTH 00'09'10" WEST) 206.24 FEET TO THE SOUTHWEST CORNER OF SAID WATER DISTRICT PARCEL; THENCE ALONG THE SOUTH LINE OF SAID WATER DISTRICT PARCEL, SOUTH 89'25'44'' EAST (DEED = NORTH 89'50'50") 440.00 FEET TO THE TRUE POINT OF BEGINNING. ALSO EXCEPTING FROM SAID PARCEL 1 ABOVE THAT PORTION DESCRIBED AS FOLLOWS: COMMENCING AT THE EASTERLY CORNER AS SHOWN ON MAP NO. 6129, SA1 D MAP BEING F I LED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; SAID CORNER FORMED BY THE INTERSECTION OF TWO COURSES: NORTH 58'23'59" EAST (DEED = NORTH 58'25'46'' EAST) 326.77 FEET AND NORTH 13'46'01" EAST (DEED = NORTH 13'44'14" EAST) 28.70 FEET; THENCE ALONG THE SOUTHEASTERLY BOUNDARY LINE OF SAID MAP NO. 6129 SOUTH 58'23'59" WEST (DEED = SOUTH 58'25'46'' WEST) 95.60 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID SOUTHEASTERLY BOUNDARY LINE SOUTH 31'36'01" EAST 61.79 FEET; THENCE SOUTH 13'25'02" WEST 31.75 FEET; THENCE SOUTH 49"08'48" WEST 46.59 FEET; THENCE SOUTH 69"53'42" WEST 55.13 FEET; THENCE NORTH 86'50'03" WEST 31.14 FEET; THENCE NORTH 31"36'01" WEST 62.98 FEET TO A POINT ON SAID SOUTHEASTERLY BOUNDARY LINE; THENCE ALONG SAID SOUTHEASTERLY BOUNDARY LINE NORTH 58"23'59" EAST (DEED = NORTH 58'25'46" EAST) 148.05 FEET. ALSO EXCEPTING THEREFROM ALL THAT PORTION OF SECTION 35, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN J DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEG INN I NG AT THE NORTHEAST CORNER OF SA1 D PARCEL 1 ; THENCE NORTH 00" 33 ' 42" EAST '; (NORTH 00'09'10" WEST), 35.12 FEET ALONG THE NORTHERLY PROLONGATION OF THE I DISTRICT BY DEED RECORDED AUGUST 11, 1961 AS FILE NO. 138155 OF OFFICIAL REGORDS; THENCE LEAV I NG SA ID NORTHERLY PROLONGAT ION, SOUTH 89"26' 18" EAST, 75.03 F)' I/: FEET; THENCE SOUTH 24"Ol'll" EAST, 153.95 FEET TO THE NORTHERLY LINE OF SAID .. ( 6 LEUCAD I A. COUNTY WATER Dl STRICT LAND; THENCE NORTH 89 "26 18". WEST (NORTH 89"50 ' 50" ,j I ,, 95 EAST) ALONG SAID NORTHERLY LINE, 139.07 FEET TO THE NORTHWEST CORNER OF SAID LEUCADIA COUNTY WATER DISTRICT LAND; THENCE NORTH 00'33'42'' (NORTH OO"O9'10" i ' .. +by WEST) EAST ALONG THE NORTHERLY PROLONGATION OF THE WESTERLY LINE OF SAID LEUCADIA COUNTY WATER DISTRICT LAND, 104.88 FEET TO THE POINT OF BEGINNING. J TOGETHER WITH: THOSE PORTIONS OF LOTS 45 AND 46 OF LA COSTA VALLEY UNIT NO. 1, ACCORDING TO MAP THEREOF NO. 5434, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AND THOSE PORTIONS OF SECTIONS 25, 26, 35 AND 36, TOWNSHIP 12 SOUTH, ALL BEING IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCR I BED AS FOLLOWS : BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 45; THENCE ALONG THE WESTERLY LINE OF SAID LOT NORTH 12"43'11" EAST, 25.45 FEET TO THE SOUTHEAST CORNER OF LOT 44 OF WESTERLY LINE OF THAT CERTAIN PARCEL OF LAND GRANTED TO LEUCAD4A COUNTY WATER RANGE 4 WEST,' SAN BERNARDI NO MER I DIAN, ACCORDING TO THE OFF I c IAL PLAT THEREOF I .. ' ,. .. ,I' Page 5 DESCRIPTION d,.p.i Order No. 230481 81 SAID LA COSTA VALLEY UNIT NO. 1; THENCE SOUTH 89'16'25" EAST, 197.43 FEET TO A POINT IN THE SOUTHEASTERLY LINE OF SAID LOT 46, SAID POINT BEING THE SOUTHWEST CORNER OF LOT 148 OF LA COSTA VALLEY UNIT NO. 4, ACCORDING TO MAP THEREOF NO. 5781, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; THENCE ALONG THE BOUNDARY OF SAID UNIT NO. 4, AS FOLLOWS: SOUTH 53'35'07'' EAST, 48.08 FEET; SOUTH 61'45'15" EAST, 429.99 FEET; SOUTH 47'22'36" EAST, 386.01 FEET; SOUTH 17'37'22" WEST, 682.05 FEET;' SOUTH 27'02'33" WEST, 810.00 FEET; SOUTH 46'56'33" WEST, 248.60 FEET; SOUTH 16'17'33" WEST, 275.00 FEET; SOUTH 03'53'33'' WEST, 317.60 FEET; SOUTH 07'11'27'' EAST, 100.20 FEET; SOUTH 18'23'27" EAST, 193.00 FEET; SOUTH 26'25'27" EAST, 322.50 FEET; SOUTH 18'48'27" EAST, 202.00 FEET; SOUTH 35'72'40" EAST, 77.67 FEET; NORM 84'58'28" EAST, 752.17 FEET; SOUTH 76'01'37" EAST, 349.53 FEET TO THE SOUTHEAST CORNER OF LOT 194 OF SAID LA COSTA VALLEY UNIT NO. 4; THENCE ALONG THE BOUNDARY OF MAP NO. 7784 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AS FOLLOWS: SOUTH 76'01'37" EAST, 101.47 FEET; SOUTH 69'19'47" EAST, 79.98 FEET; SOUTH 88'08'28" EAST, 851.93 FEET; NORTH '87'40'50'' EAST, 300.64 FEET; SOUTH 75'21'30'' EAST, 547.76 FEET; SOUTH 63'03'45" EAST, 578.25 FEET, SOUTH 84'01'27" EAST, 528.04 FEET; SOUTH 48'01'27" EAST, 511.03 FEET; AND SOUTH 35'01'27" EAST, 460.00 FEET;'THENCE SOUTH 52'35'53" EAST, 329.49 FEET TO THE MOST NORTHERLY CORNER OF LOT 382 OF LA COSTA SOUTH UNIT NO. 5, ACCORDING TO MAP THEREOF NO. 6600 FILED IN THE OFF ICE OF THE COUNTY RECORDER OF SAN Dl EGO COUNTY, THENCE ALONG THE BOUNDARY THEREOF AS FOLLOWS: SOUTH 17'41'55" WEST, 208.88.FEET; SOUTH 27'11'20" WEST, 91.78 FEET; SOUTH '1 36'35'33" WEST, 94.13 FEET; SOUTH 46'06'56'' WEST, 94.13 FEET; SOUTH 55'40'48" .. ._. . WEST, 120.24 FEET; SOUTH 68'34'25" WEST, 95.00 FEET TO THE NORTHWEST CORNER OF LOT 376 OF SAID LA COSTA SOUTH UNIT NO. 5; BEING THE MOST EASTERLY CORNER OF LAND DESCRIBED IN DEED TO RANCHO LA COSTA, INC., RECORDED JANUARY 14, 1981 AS DOCUMENT NO. 12248 OF OFFICIAL RECORDS; THENCE ALONG THE BOUNDARY OF SAID LAND NORTH 21'25'35" WEST 89.46 FEET; AND NORTH 42'01'15" WEST 323.96 FEET TO THE BOUNDARY OF SAID LA COSTA SOUTH UNIT NO. 5; THENCE ALONG SAID BOUNDARY AS FOLLOWS : NORTH 01 '55 '21 " WEST 34.09 FEET; NORTH 50'27 '39" WEST 529.29 FEET; SOUTH 37'14 '05" WEST 62.80 FEET; SOUTH 05"27"34" EAST 624.64 FEET SOUTH 14'55'28" EAST 235.00 FEET; SOUTH. 33' 10'03" EAST, 222.92 FEET TO A PO I NT IN THE ARC OF A 380 .OO FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 49'22'46" WEST; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 42'20'40" A DISTANCE OF 280.84 FEET TO A POINT IN THE ARC THEREOF TO WHICH A RADIAL LINE BEARS SOUTH 88'16'34" WEST, THENCE LEAVING SAID CURVE ALONG THE SOUTHWESTERLY PROLONGATION OF SAID RADIAL LINE AND CONTINUING ALONG THE BOUNDARY OF SAID UNIT NO. 5 AS FOLLOWS: SOUTH 88'16'34" WEST, 89.56 FEET; NORTH 79'38'48" WEST, 105.72 FEET; NORTH 67'59'19" WEST, 101.39 FEET; NORTH 60'43'29" WEST 281.88 FEET; AND NORTH 49'07'43" WEST, 631.55 FEET TO THE MOST EASTERLY CORNER OF LOT 62 OF LA COSTA SOUTH UNIT NO. 1 AS FOLLOWS: NO. I, ACCOR~'I NG TO MAP THEREOF NO. 61 17; THENCE ALONG THE BOUNDARY OF SAID UNIT NORTH 55'37'00" WEST, 105.00 FEET; NORTH 34'23'00" EAST, 162.38 FEET TO THE BEGINNING OF A TANGENT 380.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE ., .. - .. NORTHEASTERLY ALONG SA ID CURVE THROUGH A CENTRAL ANGLE OF 130 15 04" A D I STANCE OF mi . .. .I /' Page 6 DESCRIPTION / Order No. 23048181 87.88 FEET TO A POINT IN THE ARC THEREOF TO WHICH A RADIAL LINE BEARS SOUTH SOUTH UNIT NO. 2, ACCORDING TO MAP THEREOF NO. 6462, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; THENCE LEAVING SAID CURVE, ALONG THE BOUNDARY OF SAID UNIT NO. 2 AS FOLLOWS: 1 I' 68'52 '04" EAST, SA I D PO I NT BE I NG THE SOUTHWEST CORNER OF LOT 205 OF LA COSTA c SOUTH 52'44'59" EAST, 642.66 FEET; NORTH 60'31'27" EAST, 79.26 FEET; NORTH 00'41'38" WEST, 624.21 FEET; NORTH 15'10'48" EAST, 203.15 FEET; NORTH 00'03'46" WEST, 170.00 FEET; NORTH 59'48'23" WEST, 69.46 FEET; NORTH 83'16'49" WEST, 110.08 FEET; SOUTH 89'56'14" WEST, 350.00 FEET TO THE NORTHEAST CORNER OF LOT 59 OF THE AFOREMENTIONED LA COSTA SOUTH UNIT NO. 1; THENCE ALONG THE BOUNDARY OF SAID UNIT NO. 1 AS FOLLOWS: SOUTH 89'56'14" WEST, 600.00 FEET; NORTH 65'05'55" WEST, 587.00; SOUTH 55'59'22" WEST, 454.39 FEET; SOUTH 64'39'14" EAST, 1316.78 FEET; NORTH 89'56'14" EAST, 117.32 FEET TO A POINT IN THE ARC OF A 320.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 86'19'38'' EAST; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 30'42'38" A DISTANCE OF 171.52 FEET; THENCE TANGENT TO SAID.CURVE SOUTH 34'23'00'' WEST, 174.00 FEET; NORTH 55'37'00" WEST, 116.00 FEET; NORTH 61'46'38" WEST, 196.08 FEET; NORTH 72'24'12" WEST, 186.31 FEET; NORTH 24'24'54'' EAST, 5.80 FEET; NORTH SO"24'12" WEST, 65.27 FEET; SOUTH 39'35'48" WEST, 32.58 FEET; NORTH 72"24'12" WEST,.204.93 FEET; NORTH 61'42'02" WEST, 492.35 FEET; NORTH 76'25'45" WEST, 113.38 FEET, WEST, FEET; SOUTH 63'15'05" WEST, 184.91 FEET; SOUTH 74'47'11" WEST, 389.41 FEET TO A POINT IN THE EASTERLY BOUNDARY OF LA COSTA GREENS, ACCORDING TO MAP THEREOF NO. 6708, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; THENCE COSTA GREENS AS FOLLOWS: 114.00 FEET; SOUTH 85050-25" WEST, 110.29 FEET; SOUTH 70046*50" WEST, 115.43 .. . . .) LEAVING THE BOUNDARY OF LA COSTA SOUTH UNIT NO. 1, ALONG SA1 D BOUNDARY OF LA NORTH 00'22'36" WEST, 127.39 FEET; SOUTH 89'37'24" WEST, 352.01 FEET; NORTH 84'05'18" WEST, 262.44 FEET; NORTH 77'48'00" WEST, 338.00 FEET; SOUTH 12'12'00" WEST, 55.23 FEET TO A POINT IN THE WESTERLY BOUNDARY OF LA COSTA GREENS, SAID MAP NO. 6708; THENCE, LEAVING SAID BOUNDARY LINE NORTH 89'01'27" WEST 533.50 FEET; THENCE NORTH 43'01'27" WEST 479.25 FEET; -THENCE SOUTH 57'35'48'' WEST 310.84 FEET; THENCE NORTH 32'-24 ' 12" WEST '428.28 FEET; THENCE NORTH 57'35'48" EAST 78.43 FEET; THENCE NORTH 18'01'27" WEST 87.98 FEET; THENCE NORTH 48'01'27" WEST 30.00 FEET; THENCE NORTH 58'24'19" EAST 132.00 FEET; THENCE NORTH 13'39'19" EAST 42.61 FEET; THENCE NORTH 58'24'19" EAST 77.48 FEET; THENCE SOUTH 37'35'41" EAST 108.00 FEET; THENCE NORTH 58'24'19" EAST 325.00 FEET; THENCE SOUTH 31"35'41" EAST 161.60 FEET; THENCE NORTH 62'58'33'' EAST 123.83 FEET; THENCE NORTH 16'58'33" EAST 246.99 FEET; ,THENCE NORTH 07'01 ' 27" WEST 294.00 FEET; THENCE NORTH 00'58' 33" EAST 296.00 FEET; THENCE NORTH 06'01'27" WEST 668.01 FEET; THENCE NORTH 20'58'33" EAST 262.99 FEET; THENCE NORTH 51'58'33" EAST 71.49 FEET TO AN ANGLE POINT ON THE SOUTHEASTERLY BOUNDARY LINE OF LA COSTA VALLEY UNIT NO. 3, MAP 'NO. 5734, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SAID POINT BEING ON THE ARC OF A 320.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A-RADIAL BEARING TO SAID POINT BEARS NORTH 19'41'27" WEST; THENCE, ALONG SAID SOUTHEASTERLY BOUNDARY DISTANCE NORTH 12012'00*9 EAST 204.77 FEET FROM THE SOUTHWEST CORNER OF LOT IO OF LINE THE FOLLOWING COURSES: NORTH 51'58'33" EAST, 141.49 FEET; NORTH 18'58'33'' EAST, 297.96 FEET, NORTH 02'58'33" EAST, 456.21 FEET; NORTH 29'58'33" EAST, 258.86 FEET; NORTH 14'58'33" EAST, 195.00 FEET; NORTH 32'40'07'' WEST 87.64 FEET TO THE MOST SOUTHERLY CORNER OF LOT 58 OF THE AFOREMENTIONED LA COSTA VALLEY UNIT NO. 1; THENCE LEAVING THE I .. DESCRIPTION COSTA VALLEY UNIT NO. 3 AND ALONG THE BOUNDARY OF SAID UNIT NO. 1 SOUTH 77'24'34'' EAST, 67.14 FEET; SOUTH 43"43'10" EAST, 7.21 FEET, SOUTH 77"24'34" EAST, 20.00 FEET; NORTH 12'35'26" EAST, 18.00 FEET; NORTH 77'24'34" WEST, 20.00 FEET; SOUTH 68"54'02" WEST, 7.21 FEET; NORTH 77"24'34" WEST, 65.76 FEET; NORTH 20"29'23" EAST, 186.99 FEET; NORTH 08'52'40'' EAST, 200.26.FEET; NORTH 27'22'15" WEST, 101 .38 FEET; NORTH 34"22 '08" WEST, 182.50 FEET; NORTH 42'29 '02" WEST, 66.00 FEET; NORTH 10'25'17" EAST, 40.00 FEET; NORTH 36'40'29" EAST, 166.22 FEET; NORTH 32'37'03" EAST, 102.32 FEET TO THE POINT OF BEGINNING. EXCEPTING ANY PORTION LYING WITHIN LA COSTA CONDOMINIUM. UNIT NO. 3, ACCORDING TO MAP THEREOF NO. 6129, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY AND LA COSTA CONDOMINIUM UNIT NO. 4, ACCORDING TO MAP THEREOF NO. 6520, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. ALSO EXCEPT THEREFROM THAT PORTION OF THE SOUTHEAST QUARTER OF SAID SECTION 26, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWESTERLY CORNER OF LOT 54 OF SAID MAP NO. 5434; THENCE NORTH 69'07'20".EAST 138.00 TO THE NORTHEASTERLY CORNER OF SAID LOT 54 BEING THE TRUE POINT OF BEGINNING; THENCE, ALONG THE PROLONGATtON THEREOF NORTH 69'07'20'' EAST, 9.06 FEET; THENCE SOUTH 27"20'48" EAST.88.09 FEET; THENCE SOUTH 08"54'07" WEST 15.22 FEET TO THE SOUTHEASTERLY CORNER OF SAID LOT 54; THENCE NORTH 27'20'48" WEST 101.38 FEET TO THE TRUE POINT OF BEGINNING. ALSO EXCEPTING THAT PORTION 0F:SECTION 36, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARBINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: :. '1 . .. BEGINNING ON THE SOUTH LINE OF PARCEL 3 OF PARCEL MAP 11722 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 9, 1981 AT A POINT SOUTH 76"01'37" EAST, 69.24 FEET FROM THE SOUTHERLY SOUTHWEST CORNER; THENCE ALONG SAID SOUTH LINE SOUTH 76'01 '37" EAST, 32.23 FEET AND SOUTH 69'19'47" EAST, 79.98 FEET AND SOUTH 88'08'28" EAST, 414.97 FEET; THENCE LEAVING SAID SOUTH LINE SOUTH 68"04'56" WEST, 161.27 FEET TO THE BEGINNING OF A TANGENT 225.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTHEAST; THENCE ALONG SAID CURVE THROUGH A.CENTRAL ANGLE OF 23'55'54" FOR A DISTANCE OF 93.98 FEET; THENCE TANGENT TO THE LAST SAID CURVE SOUTH 44'09'02'' WEST, 94.50 FEET TO THE BEGINNING OF A TANGENT 60.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTHEAST; THENCE ALONG THE ARC OF SAID CURVE SAID CURVE THROUGH A CENTRAL ANGLE OF 17'00'55" FOR A DISTANCE OF 17.82 FEET TO A POINT THAT IS NORTH 62'51'53" WEST FROM THE CENTER OF SAID CURVE; THENCE NORTH 53'02'46" WEST,.25.78 FOOT TO A TANGENT 95.00 FOOT RADIUS CURVE CONCAVE TO THE NORTHEAST; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 22"48'36", A DISTANCE OF 37.82 FEET; THENCE TANGENT TO SAID CURVE NORTH 30'14'10"~WEST, 147.44 FEET TO A TANGENT 105.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTHWEST; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 41'20'56", A DISTANCE OF 75.78 FEET TO A POINT OF REVERSE CURVATURE WITH A 95.00 FOOT RADIUS CURVE CONCAVE TO THE NORTHEAST; ' THENCE ALONG. SA1 D CURVE THROUGH A CENTRAL ANGLE OF 29"17 ' 49", A D I STANCE OF 48.58 FEET TO A P61 NT THAT L I ES SOUTH 47 '42 '43" WEST FROM THE CENTER OF SA1 D CURVE AND THE POINT OF BEGINNING. ALSO EXCEPT I NG THAT PORTION OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF SECTION 36, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, ACCORDING . I .. TO THE OFF IC1 AL PLAT THEREOF, MORE PARTICULARLY DESCRIBED AS FOLLOWS: i LOT 377 OF LA COSTA SOUTH UNIT NO. 5, ACCORDING TO MAP THEREOF NO. 6600, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY MARCH 10, 1970 FROM WHICH POINT THE MOST NORTHERLY CORNER OF SAID LOT 377 BEARS NORTH 55"40'48" EAST, 12.00 FEET; THENCE ALONG SAID NORTHWESTERLY LINE OF LOT 377 SOUTH 55"40'48" WEST 108.24 FEET TO THE MOST NORTHERLY CORNER OF 'LOT 376 AS SHOWN ON SA1 D MAP NO. 6600; THENCE LEAVING SAID LOT 377 ALONG .THE NORTHWESTERLY LINE OF SAID LOT 376 SOUTH 68'34'25" WEST, 85.00 FEET; THENCE LEAVING SAID NORTHWESTERLY LINE NORTH 21"25'35" WEST, 5.00 FEET; THENCE PARALLEL WITH SAID SOUTHWESTERLY LINE NORTH 68"34'25" EAST, 84.44 FEET; THENCE NORTH 55"40'48" EAST, 10.77 FEET; THENCE NORTH 02'34'00" WEST, 125.12 FEET; THENCE NORTH 68"36'00" EAST, 26.00 FEET; THENCE SOUTH 37"45'51" EAST, 97.00 FEET; THENCE SOUTH 33"35'41" EAST, 8.75 FEET TO THE POINT OF BEGINNING. TOGETHER WITH: ALL THAT PORTION OF THE EAST HALF OF SECTION 36, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS : BEG INN I NG AT THE NORTHWEST CORNER OF LOT 374 OF LA COSTA SOUTH UNIT NO. 5, ACCORDING TO MAP THEREOF NO. 6600, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; THENCE ALONG THE BOUNDARY OF SAID UNIT NO. 5 NORTH 25"42'31" WEST, 133.00 FEET, THENCE NORTH Ol"55'21" WEST, 275.91 FEET TO A POINT IN THE EASTERLY LINE OF LOT 368 Of SAID MAP; THENCE LEAVING SAID BOUNDARY SOUTH 42"01'15" EAST 323.96 FEET TO AN INTERSECTION WITH THE NORTHWESTERLY PROLONGATION PROLONGATION SOUTH 21"25'35" EAST 89.46 FEET TO THE NORTHEAST CORNER OF SAID LOT; POINT OF BEGINNING. TOGETHER WITH: THAT PORTION OF THE NORTHEAST QUARTER OF SECTIOW 36, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS : BEGINNING AT A POINT ON THE EASTERLY BOUNDARY LINE OF MAP NO. 7784 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SAID POINT ALSO BEING ON THE CENTER LINE OF THE CERTAIN EASEMENT TO CARLSBAD MUNICIPAL WATER DISTRICT .. : j OF THE-EASTERLY LINE OF LOT 375 OF SAID UNIT NO. 5; THENCE ALONG SAID THENCE ALONG,THE BOUNDARY OF SAID UN.lT NO. 5, SOUTH 68'34'25" WEST, 196.14 TO THE RECORDED AUGUST 8, 1973, AS DOCUMENT NO. 73-220063, OFFICIAL RECORDS AND THE CENTER LINE OF THAT CERTAIN ACCESS EASEMENT TO THE c I TY OF CARLSBAD AND SAN DIEGO COUNTY FLOOD CONTROL DISTRICT RECORDED SEPTEMBER 25, 1973, AS DOCUMENT NO. SAID EASTERLY BOUNDARY AND ALONG SAID CENTER LINES THE FOLLOWING COURSES: SOUTH 22"40'48" EAST, 447.87 FEET TO THE BEG INN I NG OF A 750.00 FOOT RAD I US CURVE CONCAVE WESTERLY; THENCE SOUTHERLY ALONG THE ARC OF SA1 D CURVE THROUGH A CENTRAL ANGLE OF 23"28'38" A DISTANCE OF 307.32 FEET TO A POINT ON THE NORTHERLY LINE OF MAP NO. 6600 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SAID POINT ALSO BEING ON THE ARC OF A 48.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL LINE FROM SAID 750.00 FOOT RADIUS CURVE BEARS SOUTH 89'12'10" EAST, A RAD I AL LINE FRW SA1 D 48.00 FOOT RAD1 US CURVE BEARS NORTH 02"37 ' 50" EAST; THENCE 73-270063 OFFICIAL RECORDS, ALL AS SHOWN ON SAID MAP NO. 7784; THENCE LEAVING .,*- * * .. Page 9 DESCRIPTION Order No. 230481 81 WESTERLY ALONG THE ARC OF SAID 48.00 FOOT RADIUS CURVE 65.90 FEET TO ANANGLE POINT IN THE BOUNDARY OF SAID MAP NO. 6600; THENCE NORTH 76'01'20" WEST 117.46 FEET TO THE MOST NORTHERLY CORNER OF LOT 382 OF SAID MAP NO. 6600; THENCE NORTH 52'35'53" WEST 329.49 FEET TO THE MOST SOUTHERLY CORNER OF SAID MAP NO. 7784; THENCE ALONG THE BOUNDARY OF SAID MAP NO. 7784 NORTH 54'58'33" EAST 170 FEET; NORTH 04'49'30" EAST 375 FEET; AND NORTH 25"03'28" EAST TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE EASTERLY 30 FEET, SAID EASTERLY 30 FEET TERMINATING ON THE NORTHWEST IN THE EASTERLY BOUNDARY OF SAID MAP NO. 7784, AND ON THE SOUTH IN SAID 48 FOOT RAD1 US CURVE IN THE NORTHERLY BOUNDARY OF MAP NO. 6600. PARCEL 2: PARCEL A OF PARCEL MAP NO. 13427, IN THE,CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY AUGUST 16, 1984 AS DOCUMENT NO. 84-313333 OFFICIAL RECORDS. PARCEL 3A: INTENTIONALLY OMITTED PARCEL 3B: INTENTIONALLY OMITTED PARCEL 3C: INTENTIONALLY OMITTED PARCEL 3D: INTENTIONALLY OMITTED PARCEL 4: A NON-EXCLUSIVE EASEMENT FOR PASSAGE, DRAINAGE AND MAINTENANCE OVER, UNDER, THROUGH AND ACROSS THAT PORTION OF LOT 148 OF LA COSTA VALLEY UNIT NO. 4, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 5781, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 148; THENCE ALONG THE EASTERLY BOUNDARY LINE SOUTH 00'45'02" WEST 117.00 FEET; THENCE SOUTH 23"31'24" EAST 128.23 FEET TO THE.SOUTHEAST'CORNER OF SAID LOT; THENCE ALONG THE SOUTHERLY . BOUNDARY LINE NORTH 61'43'48" WEST 179.00 FEET: THENCE NORTH 53'33'40" WEST 32.70 FEET; THENCE LEAVING SAID BOUNDARY LINE SOUTH 73'38'58" EAST 66.82 FEET; THENCE NORTH 82' 13 ' 17" EAST 14.61 FEET; THENCE NORTH 77 "45 ' 55" EAST 9.85 FEET; THENCE NORTH 42'28 '37" EAST 9.77 FEET; THENCE NORTH 01 '10'59" EAST 15.06 FEET; THENCE NORTH 18'00' 34" WEST 97.43 FEET; THENCE DUE NORTH 28.84 FEET TO A. PO I NT ON A ON THE NORTHERLY BOUNDARY LINE OF SAID LOT, A RADIAL LINE TO SAID POINT BEARS NORTH OY"49'36" EAST; THENCE ALONG SAID NORTHERLY BOUNDARY LINE AND EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 00'12'41" A DISTANCE OF . 78.12 FEET TO A POINT OF COMPOUND CURVATURE OF A 949.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 02'02'17" EAST; THENCE CONTINUING ALONG SAID BOUNDARY LINE AND EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02'05'43" A DISTANCE OF 34.70 FEET TO THE POINT OF BEGINNING. NON-TANGENT 4910.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY, SAID POINT ALSO BEING ' .. ' . .. DESCRIPTION A PARCEL OF LAND, BE I NG A PORTION OF 'LOT 14 I N SECT I ON 35, TOWNSH I P 12 SOUTH, WNGE 4 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, AND LOT 3 OF LA COSTA CONDOMINIUM NO. 4, AS SHOWN ON MAP NO. 6520, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, ALL- IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : BEGINNING AT SHOWN ON MAP MAP 6520 AND A POINT IN THE SOUTHERLY RIGHT OF WAY LINE OF COSTA DEL MAR ROAD AS 6520, SAID POINT ALSO BEING THE NORTHWEST CORNER OF LOT 3 OF SAID ON THE ARC OF AN 801.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL TO SAID POINT BEARS SOUTH 18'57'04'' EAST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 19'36'39'' A-DISTANCE OF 274.16 FEET; THENCE SOUTH 31'34'14" EAST 89.00 FEET; THENCE, SOUTH 65'31'08" EAST 72.33 FEET; THENCE SOUTH 31"34'14" EAST 156.00 FEET; THENCE SOUTH 58"25'46" WEST 352.62 FEET TO A POINT IN THE EASTERLY LINE OF A 150.00 FOOT SAN DIEGO GAS AND ELECTRIC COMPANY EASEMENT RECORDED OCTOBER 16, 1956 AS DOCUMENT NO. 145345, IN BOOK 6301, PAGE 162 OFFICIAL RECORDS; THENCE SOUTH 75'59'14" WEST 152.53 FEET TO A POINT ON THE WESTERLY LINE OF SAID EASEMENT; THENCE ALONG SAID WESTERLY LINE NORTH 24'27'21" WEST 243.40 FEET; THENCE LEAVING SAID WESTERLY LINE NORTH 29'02'30" EAST 100.20 FEET TO A POINT ON THE RIGHT OF WAY LINE OF SAID COSTA DEL MAR ROAD, SAID POINT NORTHWESTERLY, A RADIAL TO SAID POINT BEARS SOUTH 13'55'57'' EAST; THENCE EASTERLY BEING THE BEGINNING OF A NON-TANGENT 801.00 FOOT RADIUS CURVE CONCAVE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 05'01'07'' A 70.16 FEET TO THE POINT OF BEGINNING. :: j . .. PARCEL 6: A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS OVER COSTA DEL MAR DEDICATED AND REJECTED ON LA COSTA CONOOMINIUMS NO. 3 AND 4 ACCORD1 6129 AND 6520 RESPECTIVELY. DISTANCE OF ROAD AS NG TO MAPS PARCEL 7A: A NON-EXCLUSIVE EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS AND PEDESTRIAN AND VEHICULAR ACCESS OVER AND THROUGH THAT PORTION OF LOT 9 IN SECTION 35, TOWNSHIP 15 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN A DEED TO LEUCADIA COUNTY WATER DISTRICT, RECORDED AUGUST 11, 1961 AS DOCUMENT NO. 138155 OFF IC1 AL RECORDS; THENCE ALONG THE SOUTH BOUNDARY LINE AS DESCRl BED IN SA ID DEED, NORTH 89" 25 '44" WEST (SOUTH 89"50' WEST PER DEED) 75.08 FEET; THENCE LEAVING SAID SOUTH BOUNDARY LINE NORTH 55'00'00" EAST 92.30 FEET TO A POINT ON THE EAST BOUNDARY LINE AS DESCRIBED IN SAID DEED; THENCE ALONG SAID EAST BOUNDARY LINE. SOUTH 00'34'16" WEST (SOUTH OO"09'10" EAST PER DEED) 53.69 FEET TO THE POINT OF BEGINNING. .. PARCEL 7B: ".. - DESCRIPTION E EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS AND PEDESTRIAN AND VEHICULAR ACCESS OVER AND THROUGH THAT PORTION OF PARCEL 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THAT CERTAIN OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE EASTERLY BOUNDARY LINE OF SAID PARCEL 1 WITH THE NORTHERLY RIGHT OF WAY LINE OF LA COSTA AVENUE; THENCE ALONG SAID.EASTERLY BOUNDARY LINE NORTH 00'34'16" EAST 16.32 FEET TO THE NORTHERLY BOUNDARY LINE OF SAID PARCEL 1; THENCE ALONG SAID NORTHERLY BOUNDARY LINE NORTH 89'53 '59" WEST 85 .OO FEET; THENCE SOUTH OO"O6'01" WEST 99.92 FEET TO A POINT ON SAID NORTHERLY RIGHT OF WAY LINE OF LA COSTA AVENUE, ALSO BEING A POINT ON THE SAID POINT BEARS SOUTH 36'59'52" EAST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 14"56'44" A DtSTANCE OF 119.47 FEET TO THE POINT OF BEGINNING. CERTIFICATE OF COMPLIANCE RECORDED MAY 4, 1987 AS DOCUMENT NO. 87-242042 ARC OF A NON-TANGENT 458.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL TO PARCEL 8: AN EASEMENT FOR A GOLF CART UNDERCROSSING STRUCTURE BEING IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING A PORTION OF THE NORTHEAST QUARTER AND THE SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, MORE PART I CULARLY DESCR I BED AS FOLLOWS : A STRIP OF LAND BEING 15.00 FEET WIDE, LYING 7.50 FEET ON EACH SIDE OF AND 1 PARALLEL WITH THE FOLLOWING DESCRIBED CENTER LINE: COMMENCING AT THE NORTHEAST CORNER OF LOT 148 OF LA COSTA VALLEY UNIT NO. 4, ACCORDING TO MAP THEREOF NO. 5781 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SAID POINT BEING ON THE ARC OF A 949.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL TO SAID POINT BEARS NORTH 40'08'00" EAST, SAID POINT ALSO BEING ON THE SOUTHERLY RIGHT OF WAY LINE OF ALGA ROAD AS SHOWN ON SAID MAP; THENCE WESTERLY ALONG THE ARC OF SAID CURVE AND SAID RIGHT OF WAY LINE THROUGH A CENTRAL ANGLE OF 02"05'43" A DISTANCE OF 34.70 FEET TO A POINT OF COMPOUND CURVATURE OF A 4910.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 02'02'17" EAST; THENCE.WESTERLY ALONG THE ARC OF SAID 4,910 .OO FOOT RADIUS CURiiE TMROUG:i A *CENTRAL ANGLE OF OO"O4' 33", A Dl STANCE OF 6..50 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID SOUTHERLY RIGHT OF WAY LINE NORTH 02"59'38" WEST 102.85 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF SAID ALGA ROAD BEING A POINT ON THE ARC OF A 1,051.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL LINE TO SAID POINT BEARS NORTH Ol"11'04" WEST, SAID POINT BEING THE POINT OF TERMINATION. THE EASTERLY s I DEL I NE OF SAID EASEMENT SHALL BE LENGTHENED OR SHORTENED TO BEG IN ON SAID 949.00 FOOT RADIUS CURVE AND SHALL TERMINATE ON SAID NORTHERLY RIGHT OF WAY LINE. THE WESTERLY SIDELINE SHALL BE LENGTHENED OR SHORTENED TO BEGIN ON SAID 4,910.00 FOOT RADIUS CURVE AND.SHALL TERMINATE ON SAID NORTHERLY RIGHT OF WAY LINE. .. .. --