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HomeMy WebLinkAbout91-C.379; Villas De Carlsbad Ltd; 1995-0457089; Subordination AgreementC (PLEASE RECORD nns DOCUMENT AT NO FEE AS IT IS TO THE BENEFIT : l 787 ) ) DOC U 1995-0457089 10-0CT-1995 02=52 PM OF nns DISTRICT (GOV. CODE [6103)). ) ) RECORDING REQUESTED AND ) OFFICIAL RECORDS SAH DIEGO COUHTY RECORDER'S OFFICE GREGORY SMITH, COUNTY RECORDER WHEN RECORDED, PLEASE MAIL TO ) ) FEES: 0. 00 Carlsbad Municipal Water District ) 5950 El Camino Real ) Carlsbad, California 92008 ) -;;_ Space above this line for Recorder's Use SUBORDINATION AGREEMENT (TRUST DEED HOLDERS) LAS VILLAS DE CARLSBAD ADDIDON, West side ofl-5 between Laguna and Knowles, CMWD Project No. 91-C379 APN: 155-272-19, CMWD: 91-C379. NOTICE: nns SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO AN EASEMENT IN THE REAL PROPERTY TO WHICH YOUR SECURITY INSTRUMENT A TT ACHES AND HAS THE POTENTIAL EFFECT OF REDUCING THE VALUE OF YOUR SECURITY INTEREST. TillS AGREEMENT, made this /5"µ..._,,dayof a~ , I9<ts,byVILLAS DE CARLSBAD, LTD., a California Limited Partnership, hereinafter referred to as "Owner," owner of the land, and Resolution Trust Corporation as Receiver for Imperial Federal Savings Association, hereinafter referred to as "Beneficiary," present owner and holder of the deed of trust hereinafter described; WITNESSETH THAT WHEREAS, Villas De Carlsbad, Ltd., Trustor, did execute a deed of trust dated December 30, 1987, to Imperial Corporation of America as trustee, covering that portion of the west half of the southwest quarter of the northeast quarter of the northwest quarter and that portion of the east half of the southeast quarter of the northwest quarter of the northwest quarter of section 8, township 12 south, range 4 C 1788 west, San Bernardino base and meridian, in the City of Carlsbad, County of San Diego, State of California (see Exhibit "A" for Detailed Legal Description) to secure a note in the sum of eight million, five hundred thousand dollars ($8,500,000) dated December 30, 1987, in favor of Imperial Savings Association, a California corporation, recorded in the office of the County Recorder of San Diego County on December 31, 1987, as File No. 87-715468 of Official Records of said county; and WHEREAS, the Office of Thrift Supervision ("OTS") by Order No. 90-375 dated February 22, 1990, appointed the Resolution Trust Corporation ("RTC") as Conservator oflMPERIAL SAVINGS ASSOCIATION; WHEREAS, the OTS by Order No. 90-1193 dated June 22, 1990, replaced the Conservator of IMPERIAL SAVINGS ASSOCIATION ("Old Association"), with RTC as Receiver of Old Association. The OTS by Order No. 90-1194 dated June 22, 1990, authorized the organiz.ation of IMPERIAL FEDERAL SAVINGS ASSOCIATION (''New Association"), and thereafter, the RTC as Receiver of the Old Association and the New Association entered into a certain Purchase and Assumption Agreement dated June 22, 1990, under which the asset(s) which are the subject matter of this document were transferred to the New Association. The OTS by Order No. 90-1195 dated June 22, 1990, appointed RTC as Conservator of the New Association; WHEREAS, the OTS by Order No. 91-214 dated April 19, 1991, replaced the Conservator of New Association with the RTC as Receiver of New Association for the purpose of liquidation; WHEREAS, Owner has executed, or is about to execute, as grantor, a grant of Easement attached hereto as Exhibit B in favor of the Carlsbad Municipal Water District as grantee, hereinafter referred to as "Easement Grantee," creating the Easement more particularly described in Exhibit C attached hereto; and WHEREAS, Easement Grantee is willing to accept said Easement provided the grant of Easement 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 -2- 1789 charge of the deed of trust above mentioned to the lien or charge of the Easement created in favor of Easement Grantee; and WHEREAS, it is to the mutual benefit of the parties hereto that Easement Grantee accept said Easement and Beneficiary is willing that the grant of Easement 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 Easement above referred to, it is hereby declared, understood and agreed as follows: 1. That said Easement in favor of Easement Grantee shall unconditionally be and remain at all times a charge on the property therein described, prior and superior to the lien or charge of the deed of trust above mentioned. 2. That Easement Grantee would not accept said Easement 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 Easement in favor of Easement Grantee above referred to and shall supersede and cancel, but only insofar as would affect the priority between the deed of trust and Easement hereinbefore specifically described, any prior agreement as to such subordination including, but not limited to, 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. Beneficiary consents to and approves the grant of Easement in favor of the Easement Grantee; -3- C . 1790 2. Beneficiary intentionally and unconditionally subordinates the lien or charge of the deed of trust above mentioned to the Easement in favor of Easement Grantee above referred to and understands that in reliance upon, and in consideration of, this subordination of the grant of Easement is being executed and delivered, the Easement is 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 the subordination; and 3. This agreement represents an endorsement to 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 Easement in favor of Easement Grantee above referred to. Ex~ted by the BENEFICIARY this ~y of J./(..,u_~ • 1995 BENEFICIARY: RESOLUTION TRUST CORPORATION, as Receiver for IMPERIAL FEDERAL A VIN GS ASSOCIATION By: (name) <:;cN10Je V,c.£ fJRe:s,oe-N, /Ill 1 0 L rt N l) Loi, N <Je-,e V JCt::---:S, L /7. (title) It's Attorney-in-Fact -4- Executed by the OWNER this ;),J-1-'--day of A1A..&u:.,, 1995 OWNER: VILLAS DE CARLSBAD, LTD., a California limited partnership, ~~►-h-(authorizedsignare} By: William M. Chance (name) General Partner (title) Rowe (name) General Partner C 1791 NOTE 1HAT TifE PRESIDENT OR VICE PRESIDENT AND THE SECRETARY OR ASSISTANT SECRETARY MUST SIGN A CORPORATE EXECUTION OF THIS DOCUMENT. ALTERNATELY A TRUE COPY OF THE RESOLUTION OF THE BOARD OF DIRECTORS TIIAT IS SIGNED BY nm SECRET ARY OR ASSISTANT SECRET ARY OF THE CORPORATION UNDER CORPORA TE SEAL SPECIFICALLY EMPOWERING THE INDMDUAL SIGNING ON BEHALF OF nm CORPORATION WILL SHOW SUFFICIENT AUTHORITY OF SAID INDMDUAL TO ACT IN THIS MATTER. IT IS RECOMMENDED 1HAT, PRIOR TO THE EXECUTION OF THIS SUBORDINATION AGREEMENT, nm PARTIES CONSULT WITH TIIEIR ATTORNEYS WITH RESPECT lHERETO. Approved as to fonn: Ronald R. Ball, General Counsel D.~£Co=el .J/t /1(14,f(../J/ (Notarial acknowledgment of execution of OWNER and BENEFICIARY must be attached. CMWD 91-C379 -5- . · C~LIFORNIA ALL•PURPOS~ ACKNOWLEDGMENT 1792 State of CA-~, Fa@ rJ, A County of SA ,J b, e: &u DATE NAME. TITLE OF OFFICER· E.G., "JANE DOE, NOTARY PUBLIC- personally appeared __ w~· _' 1_~_i:.._,_l"l_,1-1 __ rn._.---=c~· H_/.\_1v_·._c_c: __ A_,'-J_~ __ -.)_~_c_ic_L_-_12-_1:_· i_·.J_E=-_-____ , NAME(S) OF SIGNER(S) ,® personally known to me -OR -D proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) i-siare subscribed to the within instrument and ac- knowledged to me that he/she/they executed ............ ... ... ... ... ... ... ... .. . ~ • ~(.'/' '7 ,:~ OFFICIAL NOTARY SEAL ► ◄ ~.;~, ... ~ JOHANNA V. CISNEROS ► : .• 0 Notary Public-California \.. J ·-' . SAN DIEGO COUNTY : , ~--My Comm. Expires OCT 28, 1995 .................... ,,.. .. the same in -Ais/1 ,er/their authorized capacity(ies), and that by -his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. SIGN RE OF NOTARY No. 5907 ----------• OPTIONAL---------- Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER 0 INDIVIDUAL 0 CORPORA TE OFFICER TITLE(S) 0 PARTNER{S) 0 ATTORNEY-IN-FACT 0 TRUSTEE(S) 0 LIMITED 0 GENERAL 0 GUARDIAN/CONSERVATOR 0 OTHER: ----------- SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION• 8236 Remmel Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 •• 'r 1793 CALIFORNIA AU.-P~E ACKN011fLE>QMENT On ;qq~~ore me. /11. D, u#i /JD I~&~:_ . . • NoUai. 11Jlli.OF • 2.0.. •JMI! r.uw l'UIUO" persona!lyar,pearect. c . .,;r. $Jo/ (,L/ J 11."MiGQ 0F IIIIIIIIIOII ~ personally known to me -OR -0 provecf to mt on the basis of satisfactory ~~ · to be the person(s) whose name(s~are subscribed to the within instrument and ao-- knowledged to me ~e/they executed the . same in ~'irlth.elr ~uthorlzed' ·· · capacity(ies). and that by(buvher/thelr sfgnature(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted. executed the Instrument. WITNESS my hand and olfactaJ seal L220(_1!r= . ~ NOWIV' -<..:::::: . . DESCRIPTION : 1794 K-691964 DESCRIPTJOtJ All of the West Half of the Southwest Quarter of the Northeast Quarter of the Northwest Quarter and that portion of the East Half of the Southeast Quarter of the Northwest Quarter of the Northwest Quarter of Section 6, 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, lying Weaterly and Southwesterly of the Southwesterly line of the land described in deed to the State of California recorded June 12, 1970 as File No. 101788 of Official Records. Excepting therefrom that portion deeded to the City of Carlsbad recorded December IO, 1985 as File No. 65-465324 of Official Records. Also excepting therefrom that portion deeded to the City of Carlsbad recorded December 10, 1985 as File No. 85-465325 and recorded May 27, 1986 as File No. 86-208841, both of Official Records. 1 2 3 4 5 8 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 .0 'd C PLEASE RECORD THIS OOCUHENT AT NO FEE AS rT IS TO THE BENEFIT OF THIS DISTRICT (GOV. CODE [6103)) RECORDING REQUESTED BY AND WHEN RECORDED, PLEASE MAIL TO: ) ) ) ) ) ) ) Carlsbad Municipal Water District ) Engineering Depart111ent •.. ) . 5950 El Camino Rea! \.:·•~ l .( , ) , '. Carlsbad, Californ1c1 92008 .', ~. ) :J ~ ... .... ; .• t ·. ~ :i \j ·· i ' 4 •• • I 1795 Purpose: The easement ~anted herein shall be granted for the following purposes: the construction, operation, repair, reconstruction and all activities necessary to construct, reconstruct, operate, maintain and repair facilities designed for the general purpose of collecting, storing, transporting, pumping and treating all water, including surface water, strealt\ water, flood water and ground water flowing into said facilities, and all natural and artificial drainage ditches and structures of any kind, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 17 18 19 20 C · 1796 whether above or below the surface of the ground. I Said facility may include pipelines, pumping facilities, l structures designed to control the flow of water and all facilities t and structures associated with said use which are designed to ' facilitate the use and protect the .:~acility from natural and other \ • I \. I •• : fonns of damage including, but .. l,imited , \o, 8rosion control ~ .• .. ' ' . . .. ""' '·\ t,-. • '. faoilities, fences,' gat.~s, :~~ors, ~ocic.ing ~evj.ges, alanus, lights, ,, ., ., ' . ,. ... -.. , ., . . I • .. • :~ J .-I \ and all other prb.t.~~t.fve facili.~j.es and· 'd~vi~'es. · The use shall \ l j,1•1 '••• also include~ a ill.ea~~ of access.~'td and from sa!d tacility for the ••• •• • •' .. •• -~ ,( " ,If' .-·, .... ,. . ti' ,.. . \,.'-' #. • purpose . oi\lcqhstruoting, operating, repairirjg,..-,~ maintaining, Ill Ill .. l 21 Ill 22 Ill 23 Ill '\ 24 /// 25 /// 26 Ill 27 /// 28 /// EO'd 2 I 80SlS9S6l9 'ON X\J~ <l nm1!1 ·;p.il-J') ~ , 11-r;m 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 C 1797 LOCATION OF 'l'HE EASEMENT: ~he easement'.granted herein shall be located within' and upon the properties more particularly described in Exhibit 11A11 and . ,) Exhibit ''B" attached hereto and by this reference made a part hereof. By: ~l (Notarial acknowledgment of execution by GRANTOR must be attachedd t 22 CMWO 91-C.329 23 24 25 26 27 28 80G l GRGfH 9 'ON XlH 1 . 3 I ,mmi-" ':1ml" n 11mn 3/14/91 RF.V' Ct,•nl 1'1,1 r.p 1-,l 'lnf' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ... , ... . 1798 1 II Cl;ATIFICATION OF /\CGEPTANCE OF DEED This is to certify that the interest in real property conveyed by the grant deed or easement, dated ________ , from ______________ _ , , .. VILLAS DE CARLSEiAD., a California limited p@rtnershlp officer. DATED: CMWO 91..C.379 ,1799 LEGAL DESCRIPTION: WATER EASEMEN~, LAS VILLAS' DE CARLSBAD THAT pORTlON OF THE WEST HALF OF THE SOUTHWEST QUARTER or THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER ANO THAT PORTION OF ~HE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 12 SOUTH, RANG£ 4 WEST, SAN BERNARDINO BASE ANO HERIDIAN, IN THE CITY OP CARLSBAD, COUNTY OF SAN DlEGO, STATE 0~ CALIFORNIA, ACCORDING TO OFFlCIAL Pt.AT THEREOF, LYING WESTERLY AND SOUTHWESTERLY OF THE SOUTHWESTERLY LINE OF THE LANO DESCRIBED IN DEED TO THE STATE OF CALIFORNIA, RECORDED JUNE 12, 1970 AS FILE NO. 70-101788 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST ~ORTHWESTERLY CORN~R OF SAID LANO: THENCE SOUTHERLY At.ONG THE WESTERLY LINE OF SAID LANO SOUTH 00 40'27" WEST, 28.00 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF KNOWLES AVENUE AS GRANTED PER EASEMENT TO THE CITY OF CARLSBAD, STAT£ OF CALIFO~IA, RECORDED DECEMBER 10, 1985 AS F/P NO. 85-4653251 THENCE ALONG SAID RIGHT-OF-~Ai LINE SOUTH 89 26'13" EAST 66.46 FEET TO A POINT ON A CURVE ~CONCAVE SOUTHERLY HAVING A RADIUS OF 90.00 FEET, A RADIAL BEARS TO SAID POINT NORTH 00 33 1 47" EAST, THENCE ALONG SAID CURVE THROUGH ·A CENTRAL ANGLE OF 16 34 1 31 11 A DISTANCE OF 26.04 FEET TO A.,POIN'l' Otl A TANG~NT LINE, THENCE SOU'l'll 72 51'42" EAST 50.00 FEET TO A POINT ON A CURVE CONCAVE NORTHERLY AND WESTERLY HAVING A RADIUS OF 48.00 FEET, A RADIAL BEARS TO SAlD POINT SOUTH 17 08'1811 WEST: TH'l!:NCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 81 34'04 11 A DISTANCE OF 68.:lltFEET; THENCE LEAVING SAID SOUTHERLY RIGHT-OF-WAY LINE AND ALO~G THE CENTERLINE OF PARCEL 1 OF EASEMENT GRANTED TO COSTA REAL MUNlCIPAL WATER DISTRICT, RECORDED MARCH 3, 1986 AS FlLE NO. 86-083364 SOOTH 00 33'47" WEST 25.21 FEET: THENCE SOUTH 22 33'07" EAS'l' 202.45 FEET: THENCE SOUTH 67 26'53 11 WEST 10.00 FEET TO THE TROE POINT Of BEGINNING, SAID POINT ALSO BEING ON THE WESTERLY SIDE LINE OF SAID PARCEL 1 OF SAlD. EASMENT TO COSTA REAL MUNICIPAL WA'l'ER DISTRICTJ THENCE LEAVING SAID WESTERLY SIDE LINE SOO'l'R 67 26 1 53 11 WEST 19.00 FEET; THENCE SOUTH 22 33 1 0711 !AST, 19.00 FEET; THENCE NORTH 67; 26'SJ11 EAST 25.01 FEET: THENCE SOUTH 22 33'07" EAST 53.71 FEET; THENCE SOUTH 67 26'5311 WEST e.oo FEET; THENCE SOUTH 22 33 1 0711 EAST 7.50 FEET: '!'HENCE -NORTH 67 26'53" !:AST 8.00 FP!ET; THENCE SOUTH 22 33 1 07" EAST 144.00 FEET TO A POlNT, SAID POINT BEING SOUTH 67 26'53" WEST 8.01 FEET FROM SAID WESTERLY SlOE LINE OF SAID EASEMENT: THENCE NORTH 67 26'53" EAST 15.00 FEET; THENCE NORTH 22 33'0711 WEST 208.34 FEET; THENCE SOUTH 67 26'53' WEST 1.01 FEET TO A POINT ON THE EASTERLY SIDE LINE OF SAID PARCEL l OP SAID EASEMENT; THENCE AL().NG SAID EASTERLY SIDE LINE OF SAID PARCEL l NORTH 22 33 1 07" WEST 15.87 FEET1 THENCE LEAVING SAID EASTERLY SIDE LlNE SOUTH 67 26 1 5311 WEST 20.00 FEET ,, TO THE TRUE POINT OF BEGINNING. BXHIBIT "A" PAGE 1 0 2 ~AGES C.M,W.D. 91-C.379 I 1nn"n ri,n '" "' .,., ,-" :i ~ 0 ;.} 0 ~"T\ ~ rn (I\~ ...... ~ • ◄ r ''.I NO. -(l) i ® CJ> @ ® ® CZ> ® ® -@ ~ ,. @ ~ .) ' @. ~~ eJ \ ~-8 ~ ~ ® ! @ . -u @ 0 ?l IJ\ 0 ® ~'"(\ ~ ~ en _,. @ _.\--.. . ~ ~ ~-l/l@ .~z LAGUNA DR. (: .1800 r. DELTA OR BEARING RADIUS l.ENCTH N 00--10' 27'" c 28.00' N 89' 26" 1.r W 66.46' ttr ~4' J1· 90. 00' 26.04' N 72" 51' 42" W so.oo· B1" 34' 04• 48.00' 68.JJ' N-O<F JJ' •r E N 27 33• or w N 67 26" SJ" E N 67" 28" 5:i' E Nu J.J' orw N 67 26' 53" £ N 22 .J.J' or w N G7. 26' 53" £ N 22" 33' 07" W N 87 26' 53" £ N "it JJ' O"l" W N 87 26• 53" £ N 2r .JJ' or w N6726'""E N 22" .33• or w N 67 26' SJ" E ,.-r-,. ·: :--···. ., . ~ . . ~ . :._ ·,\ f., ·• .,}"'!., I 1(' ,( ~5.21' , 202.45' 10.00' 19.00' t9.00' 25.01' 53.71' , 8.00' :7.50' 8.00' 144-.00' 1r_-00' 2f.34' 1.0t' 15.87' 20.00' EASEMENT\ PL.Ar· [EXHIBIT ~'] ---~L"7':'"U°"d-----.,,.,.8u~l~~~tH~ UN J\Qj rlllllfl~I .'11'11:,;J HI 1~1'1H PAGf 2 OF 2 '. 1,,,~ ,'ff "r 11-1" f111-1li'-'"iiTr -1801 LEGAL DfSCRIPTION: WATER EASEMENT, LAS VlLLAS DE CARLSBAD THAT PORTION OF THE WJ:ST HALF OF TM.I!: SOUTllffEST QUARTER Of THE NORTHEAST QUARTER OP THE NORTHWEST QUART~R AND THAT PORTION OF 'rHE EAST HALF OF Tim SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 5, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF CARLSBAD COUNTY OF SAN DIEGO, STATE OP CALIFORNIA, ACCORDING TO OPFICIM, PLAT THEREOF, LYING WESTERLY AND SOVT~TULY OP THB SOUTHWESTERLY LINE OP THE LAND DESCRIBED IN DEED TO THE STATE OP CALIFORNIA, RECORDED JUNB 12, 1970 AS FILE NO. 70-101789 or OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: BEGINNING AT 'l'IIB )!OST KOR'l'HWESTERLY CORNER OF SAID LANDI Tff!NCI SOUTHERLY ALONG THE WESTERLY LINE: OF SAID LANO SOUTH 00 40 127 11 WEST, 2B.00 FEET !l'O THE SOUTHERLY RIGHT-OF-WAY LlNE OF DOWLES AVENUE AS GRANTED fBR EASEMENT TO THE CITY OF CARLSBAD, STATE OP CALIFORNIA, RECORDED DECEMBER l0, 1985 AS F/P NO. 8!-46~3257 THENCE ALONG SAID RIGHT-OF-WAY LINS SOUTH 89 26"1311 EAST 66.46 FEET TO A POINT ON A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 90.00 FE~, A RADIAL BEARS TO SAID POINT HORTH 00 33 1 4711 EAST, THENCE Al.ONG SAID CURVE THROUGH A CENTRAL ANGLE OF 16 34 1 31." A DISTANCE OF 26.04 PEET TO A POINT ON A TANGENT LINE, THENCE SOUTH 72 51'42" EAST 50,00 FEET TO A P<>INT ON A CURVE CONCAV8 NORTHERLY AND WESTEltt.Y HAVING A RADIUS OF 48.00 FEB~, A RADIAL BEARS TO SAID POINT SOUTH 17 08'18" WEST: THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 81 34'0411 A DISTANCE OF 68,'llt!'E!ETi THENCE LEAVING SAID SOUTHERLY RIGHT-OF-WAY LINE ANO ALORG THE CENTERLINE OF PARCEL 1 OF EASEMENT GRANTBD '1'o COSTA REAL MUNICIPAL WATER DISTRICT, RECORDED MARCH 3, 1986 AS Flt.:E NO. B6-083364 SOUTH 00 33,47n WEST 25.21 FEBTI THENCE SOUTH 22 33107• EAST 202.45 FEET; THENCE SOtr.rH 67 26'5311 WEST 10.00 FEET TO THE TRUE POINf oF BEGHNrN91 SAID POINT ALSO BEING ON THB WESTERLY SIDE LIN OF s D ~RCEL 1 OP SAID !ASMENT 'l'O COSTA REAL MUNIClPAL WATER DISTRICTJ THENCE LR~VlNG SAID WESTERLY Sl08 LINE SOUTH 61 26153• WEB~ 19.00 FBET; THENCE SOU'l'H 22 33'07~ EAST, 19.00 FEETI THENCE NORTH t7 26'53" EAST 25.01 nn'I THENCB SOOTH 22 33 107• EAST 53.71 FEET; THENCE SOUTH 67 26 1 5311 WEST a.oo FEET: THENCE SOOTH 22 33'07" EAST 7.50 PEET; TBEHCB -NORTH G7 26'53" EAST 8.00 FEET7 TlmNCE SOUTH 22 33'o7• BAST 144.00 PEB't TO A POINT, SAID POINT BEING SOUTH 57 36153" WEST 8.01 FEET FROM SAID WESTERLY SIDE LINE OF SA"ID EASEMENTJ Tff:ENCB NORTH 67 26 1 53" BAST 15.00 FEET; ~HENCE NORTH 22 33'07• WEST 208.34 FEET7 THENCE SOUTH 67 26 1 53' WEST 1.01 FEET TO A POINT ON THE EAS'l'BRLY SIDE LINE OP SAID PARCEL 1 or SAID EASEMENT; THENCE ALONG SAID EASTERLY SIDE LINE OP SAID PARCEL l NORTH 22 33 1 07" WEST 1S.87 FEET~ THENCE LEAVING SAID EASTERLY SIDE LINE SOUTH 67 26'53• WEST 20.00 FEB'!' TO THE TRUE POINT OF aEGINNINC. l EXHIBIT II t 11 I AGE 1 OP 2 PAGES C,M.w.o. 91-C.379 .. •' ~ ~ 0 ~ ...... ~ ('\ °', ....... ~ . . -£ LAG.UNA DR. .1802 .JJ!1.:. DEL TA OR Bflif.lNG CD N ou 40' ar E ® N 89" 2fi' 1r W (j @ ® <l> 0 ® ® @ . Jo 34• ~n· N 72' 51' 42" W St• 34' Otl9 N 00' .33' 47 F N 22" J3' or w N 67 26' 5f F N 67 26' Sf E N 2r JJ" or w ([j) N B'l" 26' 5:1" £ @ N 22' .lJ' 07" W @ N6T 2S' 5:1" E @ N 229 ~.J' 07" W @) N 6'1" 28' 53" £ @ N -tr :J.J' or w @ N 87 26' 5:r £ @ N 22 :J:J' or w (fj) N B7 28' 53" E ~@) NUJ:J'orw . ~@ N 67:_ 26' 5r E Ul ~~ • ~-~~ RADIUS 90.00' 48.00' \~~ ll\ _,,...,. ... -. ... . . . ---~ " ...... ·--.,,.," ._._ . .:;/" {' ,1,-r * . 6 LENC711 .28.00' 68.46' 26.04' 50.00' 68.JJ• 25.21' 202.45' 10.00' 19.00' 19.00' 25.01' 53.71' 8.00' 7,50' 8.00' 144.00' 15.00' 208.34' ,.ot• 15.87' 20.00· [EXHIBIT 'C') EASEMENT PLAT PAGE 2 OF 2 C.M.Wn. g1_ r. l'7Q