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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 . ..