HomeMy WebLinkAbout; Treetops Unlimited; 86-301399; Subordination Agreement... .~ - , RECORDED REQU" OF 86-301399
FIRST AMERICAN TIlLE CO. . . .. , .
RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO:
CITY OF CARLSBAD )
1200 Elm Avenue )
Carlsbad, CA 92008 )
)
)
b"HiY VERA RECOROEXJ L. LYLE
I
q\Zlbb--\-) Space above this line for No FF&
SUBORDINATION AGREEMEN1
NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN
YOUR SECURITY INTEREST IN THE PROPERTY
BECOMING SUBJECT TO AN ESTATE IN THE REAL
PROPERTY TO WHICH YOUR SECURITY
INSTRUMENT ATTACHES AND HAS THE POTENTIAL
EFFECT OF REDUCING THE VALUE OF YOUR
SECURITY INTEREST.
THIS AGREEMENT, made this 6th day of '.'.lay 9
1986 by TREETOPS UNLIMITED, A Joint Venture Comprised of:
FINANCIAL SCENE, INC., A California Corporation, and PACIFIC
SCENE, INC., A California Corporation owner of the land
hereinafter described and hereinafter referred to as "Owner," and
UNION BANK, A California Corporation, present owner and holder of
the deed of trust and note hereinafter described and hereinafter
referred to as "Beneficiary";
di
0. 682 -2-
WITNESSETH
THAT WHEREAS, TREETOPS UNLIMITED, A Joint Venture, Comprised
of FINANCIAL SCENE, INC., A California Corporation and PACIFIC
SCENE, INC., A California Corporation did execute a deed of
trust, dated June IO, 1985, to UNION BANK, A California
Corporation as trustee, covering those properties described in
Exhibit A, attached hereto and incorporated herein, to secure a
note in the sum of EIGHT MILLION EIGHT HUNDRED TWENTY EIGHT
THOUSAND AND N0/100 DOLLARS ($8,828,000), dated June IO, 1985, in
favor of UNION BANK, A California Corporation recorded June 27,
1985, as File No. 85-229339 of Official Records of said county;
and
WHEREAS, Owner has executed, or is about to execute, as
grantor, a grant of easements dated November 15, 1985 and
November 19, 1985, in favor of the City of Carlsbad as grantee
herein referred to as "Easement Grantee," creating the easements
more particularly described in Exhibits "B" - "J" attached
hereto; and
WHEREAS, it is a condition precedent to obtaining said
easements that said grant of easements above mentioned shall
unconditionally be and remain at all times a charge upon the land
hereinbefore described, prior and superior to the lien of charge
of the deed of trust above mentioned; and
o 683 -3-
WHEREAS, Easement Grantee is willing to accept said
easements provided the grant of easements is a charge upon the
above described property prior and superior to the lien or charge
of the deed of trust above mentioned and provided that
Beneficiary will specifically and unconditionally subordinate the
lien or charge of the deed of trust above mentioned to the lien
or charge of the easements created in favor of Easement Grantee;
and
WHEREAS, it is to the mutual benefit of the parties hereto
that Easement Grantee accept said easements and Beneficiary is
willing that the grant of easements shall, when recorded,
constitute a charge upon said land which is unconditionally prior
and superior to the lien or charge of the deed of trust above
mentioned.
NOW, THEREFORE, in consideration of the mutual benefits
accruing to the parties hereto and other valuable consideration,
the receipt and sufficiency of which consideration is hereby
acknowledged, and in order to induce Easement Grantee to accept
said easements above referred to, it is hereby declared,
understood and agreed as follows:
1. That said easements in favor of Easement Grantee shall
unconditionally be and remain st all times a charge on the
property therein described, prior and superior to the lien or
charge of the deed of trust above mentioned.
27
G 884 -4-
2. That Easement Grantee would not accept said easements
above described without this subordination agreement.
3. That this agreement shall be the whole and only
agreement with regard to the subordination of the lien or charge
of the deed of trust above mentioned to the easements in favor of
Easement Grantee above referred to and shall supersede and
cancel, but only insofar as would affect the priority betweeen
the deed of trust and easements hereinbefore specifically
described, any prior agreement as to such subordination
including, but not limited, those provisions, if any, contained
in the deed of trust above mentioned, which provide for the
subordination of the lien or charge thereof to another interest
in the real property therein described.
BENEFICIARY declares, agrees and acknowledges that:
1. He consents to and approved the grant of easements in
favor of the Easement Grantee.
2. He intentionally and unconditionally waives,
relinquishes and subordinates the lien or charge of the deed of
trust above mentioned to the easements in favor of Easement
Grantee above referred to and understands that in reliance upon,
and in consideration of, this waiver, relinquishment and
subordination of the grant of easements is being executed and
delivered, the easements are being created, and that specific
monetary and other obligations are being and will be entered into
by the Easement Grantee, other lenders and title insurance
companies which would not be made or entered into but for said
reliance upon this waiver, relinquishment and subordination; and
3. An indorsement has been placed upon the note secured by
the deed of trust above mentioned that said deed of trust has by
this instrument been subordinated to the charge of the easements
in favor of Easement Grantee above referred to.
BENEFICIARY OWNER
UNION BANK, A California TREETOPS UNLIMITED, a joint
Corporation venture, composed of: I\
FINANCIAL SCENE, INCORPORATED,
A California Corporation
SUBORDINATION AGREEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS
IT IS RECOUMENDED THAT, PRIOR TO THE EXECUTION OF THIS
WITH RESPECT THERETO.
CAT. NO. NN00737
TO 1945 CA 16-84)
(corporation) '
' to bi the person who executed
-the JLCL
President, and kAr. h t.'Cl\fi%
u me on P personally known to me e to be
=son ho executed the within instrument as the
that executed the within instrument and acknowledged to me that such corporation executed the within instru- pursuant to its by-laws or a resolution of its
board of directors.
v. ?. sesietsq of the corporation
n .,A -
CQUNTY OF SAN DIEGO) OF CAL1mmlA)SS. ON &tj~ 5:. , 19 a, BEFORE ME "E UNDERSIGNED A NOTARY
PUBLIC FOR AND IN SAID COUNTY AND STATE, PERSONALLY APPEARED
OBZf IlkZzL ANI-
HWdNbMEMEBETHE J VICE PRESIDENT ANDb.Vf? OF THE CORPORATION
THAT MECUTED THE WITRIN INSTRUMENT ON BEHALF OF SAID CORPORATION, SAID CORPORATION BEING
ONE OF THE JOINT VEhprURERs OFTEE%f% M I-, TtE JOINT VENTURE 'IHAT D[EcIpTlED TIE
WITHIN INSTRUMENT, AND AC~~~EGED 'ID ME THAT SUM JOINT v~mm EXEC~PPED THE SAME, AND
THAT SAID CORPORATION EXECUTED THE SAME INDIVIDUALLY AND AS JOINT WFER AND !IRAT SAID
JOINT vEN?uRE EXECUTED THE SAME. A
.ClXNIY (IF SAN DIEXY))
STATE (P CALIFCRNIA) ss :
Cn this 22nd day'of AprAl
for said Cbunty and State, pereonally appeared George Haviar , 19 89 before me, the undersigned, a Notary public in and , proved to pe on the basis of satisfactory evidence to be the Vice mident, and UennlS M. Ferdlg known to me to be the Vice President -, of PACIFIC SCENE, INC., the mrporation that srecuted the within instrunent on behalf of said Corporation, said corporation being known
' to me to be one of the joint ventures of TRXEKlB UNLIMITED, the joint venture that executed the within instrument, and ~~ledged to me that such corporation executed the same, both indi- vidually and as joint venturer of said joint venture, and that such joint venture also executed
the same.
IGTmGum OWR NO. 855226" -
687 "EXHIBIT A"
P- A:
Those prtions of Lots "D", "E" and "J" of RANCHO AGUA 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 mrder of San
Diego county, rnvmker 16, 1896, being mre particularly described as
Parcel 1-A, Parcel 1-B and Parcel 2, as follws:
P- 1-A:
03MENCING at the Southwesterly corner of MIRA COSTA MESA UNIT NO. 5,
according to Map therwf No. 7151 filed in the Office of the County
Recorder of San Diego County, December 29, 1971, being a pint on the cormnn city limits of the City of Oceanside and the City of Carlsbad,
and being also a pint of the Northerly line of land described in Parcel 1 in deed to DON N. BawKER as Trustee of the "A "FUJST under
Rust Agrearent dated February 27, 1962, said deed being recorded September 8, 1976 as File No. 76-294347; thence along the Northerly boundary of the City of Carlsbad, being along the Northerly line of said Trustee's land
South 89O19'04" West (de&=South 89"19'35" West) 1903.60 feet to the
ccprm3n boundary between said Lots "D" and "J" of FSXHO AGUA HEDI-;
thence along said. ccr!nvn boundary South 13O37'33" East 765.48 feet to
N. BCXJKER as Wtee of the ANN B. EIflS TlUJST Under Trust Ap-e6n=nt
the Southeasterly mrner of land described in Parcel 1 in deed to DON
No. 76-294346, and being also the TRUE porn OF BEGINNING; tience along
dated June 1, 1970, said deed being recorded September 8, 1976 as File
an angle pint in the pmpsed Village Line; thence continuixg along the Southeasterly line of said land South 70O04'37" West 870.00 feet to
said Southeasterly line South 70°04'37" West, 1097.00 feet tc the Easterly
boundary of Parel "M" School Site; thence along the bo&' of said
Parcel "M" School Site as follows: South 16O49'53" East, 218.38 feet to an angle pint therein; South 26'10'23" East, 500.00 feet; South 85"29'37"
West, 237.29 feet to the Southeasterly line of said "ee'z land last West, 480.00 feet; North 39"00'23" West, 372.00 feet; and Nc.rth 13'46'34"
hereinabove referred to; thence along said Southeasterly lin: South 70'
04'37" West, 183.29 feet; thence leaving said Southeasterly .ine South
thence South 17D25'10" East, 430.00 feet; thence South 24°25'10" East, 28O37'41" East, 543.34 feet; thence South 02"54'50" West 350.00 feet;
South 10°43'01" West, 257.35 feet; thence South 24O25'10" East, 430.00
490.00 feet to the center line of Elm Avenue propsed extension; thence
feet; thence South 48O05'12" East, 200.00 feet; thence south 24'25'10''
East, 300.00 feet; thence North 59°09'50" East 587.00 feet; thence
North 43'29'50'' East, 339.00 feet; thace South 80°08'50" East, 71.22 feet to the center line of Tmack Avenue praposed extension, being a pint on the arc of a 1000.00 foot radiuc curve,
a radial line of said curve bears South 75"7'40" East to said pint;
concave Northwesterly,
thence along said center line as follms: Noaheasterly along the arc
of said curve through a central angle of 33O19'32" a distance of 581.64
feet; and tangat to said curve North 18"37'12" West, 273.62 feet to the enter line intersection of Elm Avenue propsed extension; thence wn-
tinuing North 18°37'12" West, 310.00 feet; thence North 31'37'23'' West 372.70 feet; thence North 01°04'50" East, 105.00 feet; thence North
79O14'50" East, 650.00 feet; thence South 87°15'10" East, 740.00 feet;
thence South 71°31'39" East, 651.98 feet; to the center line of College
, -1- 3Q
. LOT BOOK GLiARANTEE
, ORDER NO. 855226" -
LF,GAT- CON'T 488
Boulevard proposed extension: thence along said center line North 29O
40'59" East, 420.00 feet: thence leaving said enter line North 59O02'
North 21°05'00" West 444.98 feet to the beginning of a tangent 50.00 50" West, 373.81 feet: thence North 80°35'00" West, 1240.00 feet; thence
foot radius curve, concave Southeasterly: thence clockwise along the mc of said curve through a central angle of 129"05'00" a distance
of 112.65 feet: thence tangent to said curve South 72°00'00" East,
concave Northerly: thence Easterly along the arc of said curve through
88.57 feet to the beginning of a tangent 50.00 foot radius curve,
of a reverse 2000.00 foot radius cume: thence Northeasterly along the
a central ar3le of 79°58'09" a distance of 69.79 feet to the beginning
548.35 feet to the TRLTE POINT OF BEGINNING.
arc of said curve through a central angle of 15'42'33" a distance of
-2-
EXHIBIT B Sheet 1 of 2
Public Street Easement
That portion of Lot "J' of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to Map No. 823 filed in the Office of the County Recorder of said County, being a strip of land 60 feet in width and lying 30 feet to either side of a centerline more particularly described as follows:
Beginning at the Southerly terminus of that course designated
of Survey Map No. 9336 filed in the Office of said County
"North 21°05'OO" West 444.98 feet" on the boundary line of Record
Recorder; thence South 68°55'00" West 46.50 feet to a point on a 300.00 foot radius curve concave Westerly to which a radial line bears North 62O06'38" East; thence Southerly along the arc of
said curve through a central angle of 21°54'20" a distance of 114.70 feet; .thence South 05°59'02" East 110.00 feet to the beginning of a tangent 300.00 foot radius curve concave Northeasterly; thence Southeasterly along the arc of said curve through a central angle of 32O24'14" a distance of 169.67 feet to the TRUE POINT OF BEGINNING to which a radial line bears South
51O36'44" West; thence retracing Northwesterly along .the arc of
same said 300.00 foot radius curve concave Northeasterly through a central angle of 32O24'14" a distance of 169.67 feet; thence North 05°59'02" West 110.00 fee't to the beginning of a tangent 300.00 foot radius curve concave Westerly; thence Northerly along the arc of said curve through a central angle of 22'54'19' a distance of 119.93 feet; thence North 2E053'21" West 3.70.89 feet
Easterly; thence Northwesterly, Northerly, and Northeasterly to the beginning of a tangent 200.00 foot radius curve concave
along the arc of said curve through a central angle of 67O59'36" a distance of 237.34 feet; thence North 39'06'15" East 83.79 feet
Southeasterly ; thence Northeasterly along the arc of said curve to the beginning of a tangent 200.00 foot radius curve concave
through a central angle of 46°23'20" a.'distance of 161.93 feet: thence North 85O29'35" East 158.67 feet to a Point of Terminus on the Westerly sideline of an existing 60 foot easement for
street purposes per Document No. 85-251154,Recorded 7-15-85,
Official Records.
-.
0 690
EXHIBIT B Sheet 2 Of 2 Public Street Easement
The sidelines of the above described 60 foot easement shall be lengthened or shortened at the TRUE POINT OF BEGINNING to meet a
OF BEGINNING, and at the Point of Terminus to meet the Westerly line bearing North 04°01'32" East passing through said TRUE POIXT
sideline of said existing 60 foot easement for street purposes per Document No. 85-251154, Recorded 7-15-85, Official Records.
Robert G. Schoettmer Date
L.S. 4324
EXHIBIT C Sheet 1 Of 7 Public Storm Drain Easement
That portion of Lot 'J" of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to Map No. 823 filed in the Office of the County Recorder of said County, being a strip. of land 15.00 feet in width, lying 7.5 feet to either side of a centerline described as follows:
Beginning at the Southerly terminus of that course designated
"North 21°05'00" West 444.98 feet" on the boundary line of Record of Survey Map NO. 9336 filed in the Office of said County Recorder; thence South 68°55'00w West 46.50 feet to a point on a 300.00 foot radius curve concave Westerly to which a radial line bears North 62'06'38'' East: thence Northerly along the arc of said curve through a central angle of OO'59'59" a distance of 5.23 feet: thence North 28O53'21" West 27.00 feet to the TRUE
POINT OF BEGINNING: thence South 61O06'39" West 111.63 feet to the beginning of a tangent 300.00 foot -radius curve concave Northwesterly; thence'gouthwesterly along the arc of said curve through' a'central angle of 07'48'21" a distance of 40.87 feet:
West 136.00 feet: thence South 65O22'17' West 22.00 feet to a thence South 68'55'00" West 28.83 feet; thence North 74'37'43"
Point of Terminus.
//-/3-85 Robert G. Schoettmer, Date
L.S. 4324
C. 692
EXHIBIT D Sheet 2 Of 7
Public Storm Drain Easement
That portion of Lot "J' of Rancho Aqua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to Map No. 823 filed in the Office of the County Recorder of said
County, being a strip of land 15.00 feet in width, lying 7.5 feet to either side of a centerline described as follows:
Beginning at the Southerly terminus of that course designated "North 2loO5'0O" West 444.98 feet" on the boundary line of Record
Recorder; thence South 68°55'00" West 46.50 feet to a point on a of Survey Map No. 9336 filed .in the Office of said County
bears North 62O06'38" East; thence Northerly along the arc of 300.00 foot radius curve concave Westerly to which a radial line
said curve through a central angle of 00°59'59" a distance of 5.23 feet; thence North 28°53'21n West 370.89 feet to the beginning of a tangent 200.00 foot radius curve concave Northaasterly; thence Northwesterly along the arc of said curve through a central angle of 48°44'01" a distance of 17O;ll feet to
the TRUE POINT OF. BEGINNING; thence North 70°09'20" West 212.44 feet to a Point of Terminus on the Easterly line of Carlsbad Tract 83-21, Unit No. 1 (The Trails of Calavera Hills), Map No.
11286.
The sidelines of said 15.00 foot easement shall be lengthened or
Map No. 11286.
shortened at the Point of Terminus to meet said Easterly line of
I
#-/3-85 Robert G. Schoettmer Date
c L.S. 4324
693
EXHIBIT E Sheet 3 Of 7 Storm Drain Easement That portion of Lot "J" of Rancho Aqua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to Map No. 823 filed in the Office of the County Recorder of said County, being a strip of land 15.00 feet in width, lying 7.5 feet to either side of a centerline described as follows:
Beginning at the Southerly terminus of that course designated
of Survey Map No. 9336 filed in the Office of said County "North 21'05'00" West 444.98 feet" on the boundary line of Record
Recorder: thence South 68°55'00" West 46.50 feet to a point on a
bears North 62O06'38" East: thence Northerly along the arc of 300.00 foot radius curve concave Westerly to which a radial line
said curve through a central angle of 00°59'59" a distance of 5.23 feet: thence North 28'53'21" West 370.89 feet to the
beginning of a tangent 200.00 foot radios curve concave Easterly: thence Northwesterly, Northerly, and Northeasterly along the arc
of said curve through a central angle of 67'59'36" a distance of
beginning of a tangent '200.00 foot radius curve concave
237.34 feet: thence No.rth 39'06'15" East 83.79 feet to the
Southeasterly; thence Northeasterly along the arc of said curve
through a central angle of 46O23'20" a distance of 161.93 feet:
BEGINNING: thence North 04°30'25" West 36.20 feet to the
thence North 85'29'35" East 21.05 feet to the TRUE POINT OF
beginning of a tangent 150.00 foot radius curve concave Southwesterly: thence Northweste'rly along the arc of said curve through a central angle of 27O40'52" a distance of 72.47 feet; thence North 32°11'17" West 35.09 feet: thence North 41O56'47"
North 48'50'44" West 150.69 feet to a point hereby designated as West 4.00 feet: thence North 32O11'17" West 58.03 feet: thence
North 07'40'30" West 142.31 feet: thence North 24O15'05" West
"Point 'A'": thence North 03O30'56" West 63.42 feet: thence
4.00 feet: thence North 34O19'24" West 67.10 feet to a Point of Terminus.
Together with a strip of land 15.00 feet.'in width, lying 7.5 feet
to either side of the following described centerline:
Beginning at previously dpsignated "Point 'A'".
63O54'06" West 12.00 feet to a Point of Terminus. , thence South
EXHIBIT F Sheet 4 of 7 Storm Draln Easement
That portion of Lot "8-4" of Carlsbad Tract No. 83-21, Unit No. 1
(The Trails of Calavera Hills), in the City of Carlsbad, County of San Diego, State of California, according to Map NO. 11286 filed in the Office of the County Recorder of said County, being a strip of land 15.00 feet in width, lying 7.5 feet to either side of a centerline described as follows:
Beginning at,the Northeast corner of said Lot "8-4" of Map No. 11286; thence along the Easterly line of said Lot "0-4" South
20°33'11" West 285.73 feet to the TRUE POINT OF BEGINNING: thence North 7~0°09'20" West 4.81 feet: thence North 60O44'28" West 25.82 feet to the beginning of a tangent 150.00 foot radius curve concave Northeasterly: thence Northwesterly along the arc of said curve through a central angle of 31O23'43" a distance of
06O55'44" East 150.00 feet; thence North 19°15'09" West 103.00 82.19 feet; thence North 29O20'45" West 32.36 feet: thence North
feet to a Point of Terminus.
The sidelines of said 15.00 foot easement shall be lengthened or shortened at the TRUE POINT OF BEGINNING to meet said Easterly line of Lot "B-4' of Map No. 11286.
Robert G. Schoettrner Date
L.S. 4324
EXHIBIT G Sheet 5 Of 7 Storm Drain Ealement
That portion of Lot "J' of Rancho Aqua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to Map No. 023 filed in the Office of the County Recorder of said County, being a strip of land 15.00 feet in width, lying 7.5 feet to either side of a centerline described as follows:
Beginning at the Southerly terminus of that course designated "North 21°05'00" Nest 444.98 feet" on the boundary line of Record
Recorder: thence South 68O55'00" West 46.50 feet to a point on a of Survey Map No. 9336 filed in the Office of said County
300.00 foot radius curve concave Westerly to which a radial line bears North 62O06'38" East: thence Northerly along the arc of said curve through a central angle of OOO59'59" a distance of
POINT OF BEGINNING: thence North 61O06'39" East 51.31 feet to a 5.23 feet : thence North 28O53'21" West 27.00 feet to the TRUE
Point of Terminus.
The sidelines of said 15.00 foot easement shall be lengthened or shortened at the Point of Terminus to meet a line bearing North 2loO5'0O" West through said Point of Terminus.
&3-w Robert G. Schoettmer Date
L.S. 4324
EXHIBIT H Sheet 6 of 7 Storm Drain Easement
That portion of Lot "J" of Rancho Agua Hedionda, in the City of
Carlsbad, County of San Diego, State of California, according to
County, being a strip of land 15.00 feet in width, lying 7.5 feet
Map No. 823 filed in the Office of the County Recorder of said
to either side of a centerline described as follows:
Beginning at the Southerly terminus of that course designated
of Survey Map No. 9336 filed in the Office of said County "North 21°05'00" West 444.98 feet" on the boundary line of Record
Recorder: thence South 68°55'00" West 46.50 feet to a point on a
300.00 foot radius curve concave Westerly to which a radial line
said curve through a central angle of OOo59'59" a distance of bears North 62O06'38" East: thence Northerly along the arc of
5.23 feet; thence North 28O53'21" West 370.89 feet to the beginning of a tangent 200.00 foot radius curve concave Easterly:
of said curve through a central angle of 67O59'36" a distance of
thence .Nor.thwesterly, Northerly, and Northeasterly along the arc
237.34 'feet; thence North 39O06'15" East 83.79 feet to the beginning of a tangent 200.00 foot radius curve concave
Southeasterly: thence Northeasterly along the arc of said curve through a central angle of 46O23'20" a distance of 161.93 feet;
BEGINNING; thence South 04O30'2.5" East 103.23 feet to a Point of
thence North 85O29'35" East 109.05 feet to the TRUE POINT OF
Terminus on a 2000.00 foot radius curve concave Southeasterly to which a radial line bears North 58O36'08" West.
The sidelines' of said 15.00 foot easement shall be lengthened 'or shortened at the. Point of Terminus to meet the arc of said 2000.00 foot radius curve concave Southeasterly through the Point
of Terminus.
Robert G. Schoettmer Date
C 697
Storm Drain Easement
That portion of Lot "J" of Rancho Aqua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to
County, being a strip of land 15.00 feet in width, lying 7.5 feet Map No. 823 filed in the Office of the County Recorder of said
to either side of a centerline described as follows:
Beginning at the Southerly terminus of that course designated
of Survey Map No. 9336 filed in the Office of said County "North 21°05'00" West 444.98 feet" on the boundary line of Record
Recorder; thence South 68O55'00" West 46.50 feet to a point on a
bears North 62O06'38" East; thence Northwesterly along the arc of 300.00 foot radius curve concave Westerly to which a radial line
said curve through a central angle of 00°59159" a distance of 5.23 feet; thence North 28O53'21" West 370.89 feet to the
beginning of a tangent 200.00 foot radius curve concave Easterly;
of said curve through a central angle of 67O59'36" a distance of thence Northwesterly, Northerly, and Northeasterly along the arc
beginning of a'tangent 200.00 foot radius curve concave 237.34 feet; thence North 39O06'15" East 83.79 feet to the
Southeasterly; thence Northeasterly along the arc of, said curve through a central angle of 46O23'20" a distance of 161.93 feet: thence North 85O29'35" East 189.05 feet to a point on a 2000.30 foot radius curve concave Southeasterly to which a radial line bears North 54O51'57" West; thence Northeasterly along the arc of said curve through a central angle of 00°29'07" a distance of
16.94 feet to the TRUE POINT OF BEGINNING; thence North 85O29'35" East 60.38 feet to a Point of Terminus.
The sidelines of said 15.00 foot easement shall be lengthened or
shortened at the TRUE POINT OF BEGINNING to meet the arc of said
2000.00 foot radius curve concave Southeasterly through said TRUE
POINT OF BEGINNING.
&JA&-&% &/3-85 Robert G. Schoettmer Date
L.S. 4324
.. 698
EXHIBIT J Public Sewer Easement
That portion of Lot "J" of Rancho Aqua Hedionda, in the City of
Carlsbad, County of San Diego, State of California, according to
Map No. 823 filed in the Office of the County Recorder of said
County, being a strip-of land 15.00 feet in width, lying 7.5 feet
to either side of a centerline described as follows:
Beginning at the Southerly terminus of that course designated
of Survey Map No. 9336 filed in the Office of said County
"North 21°05'00" West 444.98 feet" on the boundary line of Record
Recorder: thence South 68°55'00" West 46.50 feet to a point on a
bears North 62O06'38" East: thence Northerly along the arc of
300.00 foot radius curve concave Westerly to which a radial line
said curve through a central ang1.e of 00°59'59" a distance of 5.23 feet; thence North 28O53'21" West 370.89 feet to the
beginning of a tangent 200.00 foot radius curve concave
Northeasterly; thence Northwesterly along the arc of said curve
through a central angle,of 22O05'26" a distance of 77.11 feet to
the TRUE POINT OF BEGINNING; thence South 83O12'05" West 133.50
Terminus on the Easterly line of Carlsbad Tract No. 81-21, Unit feet; thence North 63O54'16" West 116.74 feet to a Point of
No. 1 (The Trails of Calavera Hills), Map No. 11286.
The sidelines of said 15.00 foot easement shall be lengthened or
shortened at the Point of Terminus to meet said Easterly line of
Map No. 11286.
f/-f3-&! Robert G. Schoettmer Date
L.S. 4324 .
..