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HomeMy WebLinkAboutPIP 05-24; Palomar Airport Road LLC; 2007-0288271; Subordination AgreementLam 10218 WHEN RECORDED MAIL TO: District Secretary Carlsbad Municipal Water District 1200 Carlsbad Village Dr. Carlsbad, CA 92008 Please record the document at no fee as it is to the benefit of the District (Gov. Code [6103].) DOC it 2007-0288271 APR 27, 2007 1:49 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREG 0 RY J S MIT H.. CO U N TY R E CO R 0 E R FEES; 0,00 PAGES: 18 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO. PROJECT NO. & NAME: The Towers at Bressi Ranch 213-262-01-00 213-262-02-00 213-262-03-00 213-262-04-00 213-262-05-00 PIP 05-24 PR 06-90 Waterline easement SUBORDINATION AGREEMENT (TRUST DEED HOLDERS) NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO AN/THE EASEMENT(S) 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 is made this day of \\oui- e 20 O1 by Palomar Airport Road, LLC, a Minnesota limited liability company, owner of the land hereinafter described and hereinafter referred to as "Owner," and JP Morgan Chase Bank, N.A., a National Banking Association, present owner and holder of the deed of trust hereinafter described, hereinafter referred to as "Beneficiary;" WITNESSETH WHEREAS, Palomar Airport Road, LLC, a Minnesota limited liability company, did execute a deed of trust, dated September 15, 2005 to First American Title Insurance Comnpany as trustee, to secure a note in the sum of $40,635,000 dated September 15, 2005 in favor of 1 H:\Development Services\PROJECTS\PIP RLES\PIP 05\PIP 05-24 Bressi Ranch PA 4 Lots 24-28 - Van Peski\Deeds-Easement\SUBORDINATION AGT TRUST DEED HOLDERS CMWD (PIP 05-24) .doc Rev. 5/31/00 10219 JP Morgan Chase Bank, N.A., a National Banking Association recorded in the office of the County Recorder of San Diego County on September 15, 2005 as File No. 2005-0798940 of Official Records of said county; and WHEREAS, Owner has executed, or is about to execute, as grantor, a grant of EASEMENT, in favor of the Carlsbad Municipal Water District as grantee herein referred to as "Easement Grantee" creating THE EASEMENT more particularly described in EXHIBITS "A" and "B" 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 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 2 H:\Davelopment Services\PROJECTS\PIP FILES\PIP 05\PIP 05-24 Bressi Ranch PA 4 Lots 24-28 - Van Peski\Deeds-Easement\SUBORDINATION ACT TRUST DEED HOLDERS CMWD (PIP 05-24) .doc Rev. 5/31/00 10220 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. l/(We) consent to and approve the grant of EASEMENT in favor of the Easement Grantee. 2. l/(We) intentionally and unconditionally subordinate 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. 3 H:\Development Services\PROJECTS\PIP FILES\PIP 05\PIP 05-24 Bressi Ranch PA 4 Lots 24-28 - Van Peski\Deeds-Easement\SUBORDINATION AGT TRUST DEED HOLDERS CMWD (PIP 05-24) .doc Rev. 5/31/00 ^0221 3. This Agreement represents an endorsement to the note secured by the deed of trust above mentioned and 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. BENEFICIARY: By: (sign here) OWNER: By: (sign here) (print name here)(print name here) Palomar Airport Road, LLC, a Minnesota limited liability company BY: Ryan Companies, Inc., a Minnesota corporation, it's Class A Mener and oanizatio * .^c /JLt;///f (print na^poe here) (title and organization of signatory)(title and organization of signatory) (Proper notarial acknowledgment of execution by BENEFICIARY AND OWNER 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.) If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to execute this instrument. It is recommended that, prior to the execution of this subordination agreement, the parties consult with their attorneys with respect thereto. APPROVED AS TO FORM: RONALD R. BALL General Counsel Deputy GeneralCounsel H:\Development Services\PROJECTS\PIP FILES\PIP 05\PIP 05-24 Bressi Ranch PA 4 Lots 24-28 - Van Peski\Deeds-Easement\SUBORDINATION ACT TRUST DEED HOLDERS CMWD (PIP 05-24) .doc Rev 5/31/00 10222 State ofCerhfomia ,ii /ft*rtAe/!/v County of-Son Diego On _ (Date) personally appeared \/v\d n.r/9ri /7 ' ft f ' Q- fc/W.c (Name, Title of Officer) /U — (Name[s] of Signer[s]) f- L^CL , D personally known to me -OR - Dr (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal Signature of Notary JUDYA.HERMANSON Notary Public-Minnesota notary seal) Title or Type of Date Document Signer(s) other Document of than named above No. of Pages H \Development Services\PROJECTS\PIP FILES\PIP 05\PIP 05-24 Bressi Ranch PA 4 Lots 24-28 - Van PeskrtDeeds-EasementtSUBORDINATION ACT TRUST DEED HOLDERS CMWD (PIP 05-24) doc Rev. 5/31/00 10223 ("TA/'L. State of-Ea'lifornio- County of On (Date) personally appeared before me,- n\\ch>cls (Name, Title of Officer) Ulc£ j l/'u/ rftr Sta€^tr (Name[s] of Signer[s]) personally known to me -OR - n (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal J - Signature of Notary OFFICIAL SEAL DENISE I. MICHIELS NOTARY PUBLIC - ARIZONA MARICOPA COUNTY My Comm. Expires June 24,2008 j (This area for official notary seal) Title or Type Date Document of Document of No. of Pages Signer(s) other than named above H:\Development Services\PROJECTS\PIP FILES\PIP 05\PIP 05-24 Bressi Ranch PA 4 Lots 24-28 - Van Peski\Deeds-Easement\SUBORDINATION ACT TRUST DEED HOLDERS CMWD (PIP 05-24) .doc Rev 5/31/00 10224 EXHIBIT "A" LEGAL DESCRIPTION WATERLINE EASEMENT PR 06-90 ALL THOSE PORTIONS OF LOTS 24 THROUGH 28, INCLUSIVE, OF CARLSBAD TRACT CT 02-15, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP THEREOF NO. 14960, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON FEBRUARY 4, 2005, BEING A STRIP OF LAND 20.00 FEET IN WIDTH LYING 10.00 ON EACH SIDE OF AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINES: BEGINNING AT A POINT ON THE WESTERLY LINE OF SAID LOT 24 DISTANT THEREON NORTH 0°16'45" EAST 242.33 FEET FROM THE SOUTHWEST CORNER THEREOF; THENCE LEAVING SAID WESTERLY LINE ALONG SAID CENTERLINE SOUTH 89°43'15" EAST 61.94 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "A"; THENCE NORTH 0°29'35" EAST 149.58 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "B"; THENCE CONTINUING NORTH 0°29'35" EAST 63.36 FEET; THENCE NORTH 42°02'20" EAST 29.94 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 2857.00 FEET TO WHICH A RADIAL LINE BEARS NORTH 6°12'53" WEST; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 2°09'02" A DISTANCE OF 107.23 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "C"; THENCE CONTINUING EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 0°12'13" A DISTANCE OF 10.15 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "D"; THENCE CONTINUING EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 0°55'56" A DISTANCE OF 46.48 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "E" ; THENCE CONTINUING EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 4°16'05" A DISTANCE OF 212.82 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "F"; THENCE CONTINUING EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1°14'52" A DISTANCE OF 62.21 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "G"; THENCE CONTINUING EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 4°10'34" A DISTANCE OF 208.23 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "H"; THENCE CONTINUING EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 0°20'32" A DISTANCE OF 17.06 FEET; THENCE ON A NON-TANGENT BEARING OF SOUTH 78°40'40" EAST 33.38 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "I"; THENCE CONTINUING SOUTH 78°40'40" EAST 15.80 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "J"; THENCE CONTINUING SOUTH 78°40'40" EAST 90.93 FEET; THENCE SOUTH 39°20'20" EAST 16.61 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "K"; THENCE CONTINUING SOUTH 39°20'20" EAST 14.33 FEET; THENCE SOUTH 0°00'00" EAST 157.44 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "L"; THENCE CONTINUING SOUTH 0°00'00" EAST 114.69 FEET; THENCE SOUTH 48°5T41" WEST 55.66 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "M"; THENCE NORTH 41°08'19"WEST 55.72 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 1395.00 FEET TO WHICH A RADIAL LINE BEARS NORTH 11°14'10" EAST; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 3°22'27" A DISTANCE OF 82.15 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "N"; THENCE LEAVING SAID CURVE ON A NON-TANGENT 1 OF 6 ^0225 BEARING OF SOUTH 7°51'44" WEST 25.40 FEET; THENCE SOUTH 41°08'19" EAST 37.44 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "O"; THENCE CONTINUING SOUTH 41°08'19" EAST 92.42 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "P"; THENCE CONTINUING SOUTH 41°08'19" EAST 1.74 FEET; THENCE SOUTH 8°40'05" EAST 110.87 FEET; THENCE SOUTH 5°30'00" EAST 38.88 FEET; THENCE SOUTH 2°30'00" EAST 125.96 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "Q"; THENCE CONTINUING SOUTH 2°30'00" EAST 65.05 FEET; THENCE SOUTH 40°25'46" WEST 21 97 FEET; THENCE SOUTH 83°21'31" WEST 176.19 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "R"; THENCE CONTINUING SOUTH 83°21'31" WEST 98.20 FEET; THENCE NORTH 62°41'58" WEST 60.95 FEET; THENCE NORTH 90°00'00" WEST 20.31 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "S"; THENCE CONTINUING NORTH 90°00'00" WEST 15.68 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "T"; THENCE CONTINUING NORTH 90°00'00" WEST 49.76 FEET; THENCE SOUTH 45°00'00" WEST 54.97 FEET; THENCE NORTH 89°30'25" WEST 32.11 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "U"; THENCE CONTINUING NORTH 89°30'25" WEST 143.34 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "V"; THENCE CONTINUING NORTH 89°30'25" WEST 57.31 FEET; THENCE NORTH 39°08'01" WEST 28.20 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 2489.00 FEET TO WHICH A RADIAL LINE BEARS SOUTH 84°11'41" EAST; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 0°18'25" A DISTANCE OF 13.34 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "W"; THENCE CONTINUING NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1°42'26" A DISTANCE OF 74.16 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "X"; THENCE CONTINUING NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 0°11'23" A DISTANCE OF 8.24 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "Y"; THENCE CONTINUING NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 0°38'15" A DISTANCE OF 27.69 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "Z"; THENCE CONTINUING NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1°47'35" A DISTANCE OF 77.90 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "AA"; THENCE CONTINUING NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1°29'30" A DISTANCE OF 64.81 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "BB"; THENCE CONTINUING NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 2°06'30" A DISTANCE OF 91.59 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "CC"; THENCE CONTINUING NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1°18'04" A DISTANCE OF 56.53 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "DD"; THENCE CONTINUING NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 2°15'23" A DISTANCE OF 98.02 FEET; THENCE ON A NON-TANGENT BEARING OF NORTH 13°40'46" EAST 15.86 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "EE", SAID POINT BEING ON A CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 867.00 FEET TO WHICH A RADIAL LINE BEARS SOUTH 13°40'46" WEST; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 4°15'05" A DISTANCE OF 64.33 FEET; THENCE ON A NON-TANGENT BEARING OF NORTH 44°30'25" WEST 26.88 FEET; THENCE NORTH 0°29'35" EAST 10.00 FEET TO SAID POINT "A". ALSO: BEGINNING AT ABOVE MENTIONED POINT "EE", SAID POINT BEING ON A CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 867.00 FEET TO WHICH A RADIAL LINE BEARS SOUTH 13°40'46" WEST; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 7°00'56" A DISTANCE OF 106.16 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "FF"; THENCE CONTINUING EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 13°20'21" A DISTANCE OF 201.85 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "GG" AND BEING THE BEGINNING OF A CURVE CONCAVE SOUTHERLY HAVING A 2 OF 6 RADIUS OF 1395.00 FEET TO WHICH A RADIAL LINE BEARS NORTH 4° 18'15"WEST; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 3°13'02" A DISTANCE 78.33 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "HH"; THENCE CONTINUING EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 7°45'02" A DISTANCE OF 188.71 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "II"; THENCE CONTINUING EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1011'55" A DISTANCE OF 29.18 FEET TO SAID POINT "N". BEGINNING AT ABOVE MENTIONED POINT "GG"; THENCE NORTH 6°40'32" WEST 43.66 FEET; THENCE NORTH 1°20'22"EAST 93.97 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "JJ"; THENCE CONTINUING NORTH 1°20'22" EAST 37.76 FEET; THENCE NORTH 6°20'22" EAST 8.17 FEET TO A POINT HEREINAFTER REFERRED AS POINT "KK"; THENCE CONTINUING NORTH 6°20'22" EAST 108.49 FEET; THENCE NORTH 1°20'22" EAST 25.58 FEET TO SAID POINT "F". BEGINNING AT ABOVE MENTIONED POINT "S"; THENCE NORTH 0°00'0" WEST 21.60 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 1346.00 FEET TO WHICH RADIAL LINE BEARS SOUTH 76°53'09" EAST; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 2°28J20" A DISTANCE OF 58.08 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "LL"; THENCE CONTINUING NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1°01'29" A DISTANCE OF 24.08 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "MM"; THENCE CONTINUING NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 0°17'06" A DISTANCE OF 6.69 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "NN"; THENCE CONTINUING NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1°47'35" A DISTANCE OF 42.12 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "OO"; THENCE CONTINUING NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 3°52'36" A DISTANCE OF 91.07 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "PP"; THENCE CONTINUING NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 2°21'32" A DISTANCE OF 55.42 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "QQ"; THENCE CONTINUING NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 2°23'26" A DISTANCE OF 56.16 FEET; THENCE NORTH 1°05'13" WEST 144.25 FEET TO SAID POINT "HH". BEGINNING AT ABOVE MENTIONED POINT "M"; THENCE SOUTH 41°08'19" EAST 83.45 FEET TO THE NORTHWESTERLY SIDELINE OF THE CUL-DE-SAC OF COLT PLACE. BEGINNING AT ABOVE MENTIONED POINT "S"; THENCE SOUTH 0°00'00"WEST 69.93 FEET TO THE SOUTHERLY LINE OF SAID LOT 26. ALSO: STRIPS OF LAND 15.00 FEET IN WIDTH LYING 7.50 FEET ON EACH SIDE OF AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINES: BEGINNING AT ABOVE MENTIONED POINT "T"; THENCE SOUTH 0°00'00"EAST 21.00 FEET TO A POINT OF TERMINATION. 3 OF 6 BEGINNING AT ABOVE MENTIONED POINT "X"; THENCE NORTH 86°12'32" WEST 32.86 FEET TO A POINT OF TERMINATION. BEGINNING AT ABOVE MENTIONED POINT "BB"; THENCE SOUTH 89°40'45" WEST 22.96 FEET TO A POINT OF TERMINATION. BEGINNING AT ABOVE MENTIONED POINT "CC"; THENCE SOUTH 87°37'41" WEST 24.91 FEET TO A POINT OF TERMINATION. ALSO: STRIPS OF LAND 10.00 FEET IN WIDTH LYING 5.00 FEET ON EACH SIDE OF AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINES: BEGINNING AT ABOVE MENTIONED POINT "B"; THENCE NORTH 89°30'25" WEST 18.50 FEET TO A POINT OF TERMINATION. BEGINNING AT ABOVE MENTIONED POINT "C"; THENCE SOUTH 4°03'52"" EAST 42.50 FEET TO A POINT OF TERMINATION. BEGINNING AT ABOVE MENTIONED POINT "D"; THENCE SOUTH 3°51'39" EAST 17.56 FEET TO A POINT OF TERMINATION. BEGINNING AT ABOVE MENTIONED POINT "E"; THENCE NORTH 2°55'43" WEST 18.50 FEET TO A POINT OF TERMINATION. BEGINNING AT ABOVE MENTIONED POINT "F"; THENCE NORTH 1°20'22" EAST 80.00 FEET TO THE NORTHERLY LINE OF SAID LOT 24. BEGINNING AT ABOVE MENTIONED POINT "G"; THENCE NORTH 2°35'14" EAST 18.50 FEET TO A POINT OF TERMINATION. BEGINNING AT ABOVE MENTIONED POINT "H"; THENCE SOUTH 6°40'58" WEST 21.53 FEET TO A POINT OF TERMINATION. BEGINNING AT ABOVE MENTIONED POINT "I"; THENCE SOUTH 11°19'20" WEST 22.02 FEET TO A POINT OF TERMINATION. BEGINNING AT ABOVE MENTIONED POINT "J"; THENCE NORTH 11°19'20" EAST 18.50 FEET TO A POINT OF TERMINATION. BEGINNING AT ABOVE MENTIONED POINT "K"; THENCE SOUTH 50°39'40" WEST 24.53 FEET TO A POINT OF TERMINATION. BEGINNING AT ABOVE MENTIONED POINT "L"; THENCE NORTH 90°00'00" EAST 18.50 FEET TO A POINT OF TERMINATION. BEGINNING AT ABOVE MENTIONED POINT "O"; THENCE SOUTH 48°51'41" WEST 84.17 FEET TO A POINT OF TERMINATION. BEGINNING AT ABOVE MENTIONED POINT "P"; THENCE NORTH 48°51'41" EAST 18.37 FEET TO A POINT OF TERMINATION. BEGINNING AT ABOVE MENTIONED POINT "Q"; THENCE NORTH 87°30'00" EAST 18.50 FEET TO A POINT OF TERMINATION. 4 OF 6 8 BEGINNING AT ABOVE MENTIONED POINT "R"; THENCE SOUTH 6°38'29" EAST 24.00 FEET TO A POINT OF TERMINATION. BEGINNING AT ABOVE MENTIONED POINT "V"; THENCE SOUTH 0°29'35"WEST 24.00 FEET TO A POINT OF TERMINATION. BEGINNING AT ABOVE MENTIONED POINT "W"; THENCE NORTH 84°30'06" WEST 24.85 FEET TO A POINT OF TERMINATION. BEGINNING AT ABOVE MENTIONED POINT "Y"; THENCE SOUTH 86°23'55" EAST 37.50 FEET TO A POINT OF TERMINATION. BEGINNING AT ABOVE MENTIONED POINT "Z"; THENCE SOUTH 87°02'08" EAST 14.00 FEET TO A POINT OF TERMINATION. BEGINNING AT ABOVE MENTIONED POINT "AA"; THENCE NORTH 88°49'45" WEST 22.53 FEET TO A POINT OF TERMINATION. BEGINNING AT ABOVE MENTIONED POINT "DD"; THENCE SOUTH 86°16'10" WEST 22.00 FEET TO A POINT OF TERMINATION. BEGINNING AT ABOVE MENTIONED POINT "FF"; THENCE SOUTH 6°39'49" WEST 18.52 FEET TO A POINT OF TERMINATION. BEGINNING AT ABOVE MENTIONED POINT "II"; THENCE SOUTH 6°48'17" WEST 19.71 FEET TO A POINT OF TERMINATION. BEGINNING AT ABOVE MENTIONED POINT "JJ"; THENCE NORTH 88°39'38" WEST 21.85 FEET TO A POINT OF TERMINATION. BEGINNING AT ABOVE MENTIONED POINT "JJ"; THENCE SOUTH 88°39'38" EAST 18.95 FEET TO A POINT OF TERMINATION. BEGINNING AT ABOVE MENTIONED POINT "KK"; THENCE NORTH 83°39'38" WEST 20.97 FEET TO A POINT OF TERMINATION. BEGINNING AT ABOVE MENTIONED POINT "KK"; THENCE SOUTH 83°39'38" EAST 22.00 FEET TO A POINT OF TERMINATION. BEGINNING AT ABOVE MENTIONED POINT "LL"; THENCE NORTH 79°21'29" WEST 18.53 FEET TO A POINT OF TERMINATION. BEGINNING AT ABOVE MENTIONED POINT "MM"; THENCE NORTH 80°26'49" WEST 93.63 FEET TO A POINT OF TERMINATION. BEGINNING AT ABOVE MENTIONED POINT "NN"; THENCE SOUTH 80°43'54" EAST 23.65 FEET TO A POINT OF TERMINATION. BEGINNING AT ABOVE MENTIONED POINT "OO"; THENCE SOUTH 82°31'29" EAST 22.89 FEET TO A POINT OF TERMINATION. BEGINNING AT ABOVE MENTIONED POINT "QQ"; THENCE NORTH 88°45'37" WEST 92.19 FEET TO A POINT OF TERMINATION. 5 OF 6 THE SIDELINES OF SAID STRIPS OF LAND SHALL BE LENGTHENED OR SHORTENED AT ALL LOT LINES AND ANGLE POINTS. 9 ALSO: THAT PORTION OF SAID LOT 26 DESCRIBED AS FOLLOWS: BEGINNING AT ABOVE MENTIONED POINT "PP"; THENCE NORTH 86°29'11" WEST 10.00 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 1336.00 FEET TO WHICH A RADIAL LINE BEARS SOUTH 86°20'11" EAST AND BEING THE TRUE POINT OF BEGINNING: THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 0°47'01" A DISTANCE 18.27 FEET; THENCE LEAVING SAID CURVE ON A NON-TANGENT BEARING OF NORTH 86°54'20" WEST 8.52 FEET; THENCE SOUTH 3°05'40" WEST 8.21 FEET; THENCE NORTH 86°29'11" WEST 74.20 FEET; THENCE SOUTH 3°30'49" WEST 10.00 FEET; THENCE SOUTH 86°29'11" EAST 82.74 FEET TO THE TRUE POINT OF BEGINNING. RAMON J. SPEATT jt.S. 6404 LICENSE EXP. 12-31-2006 6 OF 6 EXHIBIT "B"10230 PAGE 1 OF 6 SCALE 1"=200' -N- PALOMAR AIRPORT KEY MAP EASEMENTS AVIGATION EASEMENT TO COUNTY OF SAN DIEGO REC. 8-11-1987 AS DOC. NO. 87-452377 AND 8-20-1987 AS DOC. NO. 87-472299, BOTH O.R. (NOT PLOTTABLE) SITE DISTANCE CORRIDOR PER MAP 14960 LANDSCAPE MAINTENANCE EASEMENT PER MAP 14960 DRAINAGE EASEMENT TO CITY OF CARLSBAD, WITH THE RIGHT TO EXTEND STRUCTURES AND SLOPES BEYOND SAID EASEMENT, REC. 12/10/1992 AS FILE NO. 1992-0793169 O.R. FUTURE PRIVATE DRAINAGE EASEMENT PER MAP 14960 EASEMENT TO SDG&E REC. 4-11-2005 AS DOC. 2005-0294004 O.R. EASEMENT TO SDG&E REC. 4-11-2005 AS DOC. 2005-0294021 O.R. CARLSBAD MUNICIPAL WATER DISTRICT DATE: 7/7/06 bt/ALt: 1 —100 APN 213-262-01,02, 03, 04, 05 WATER EASEMENT PLAT IN LOTS 24 THROUGH 28 OF MAP NO. 14960 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA DRAWN BY: SPEAR & ASSOCIATES, INC. PR 06-90 REVISED: S&A JOB NO. 06-104 »r-v»EXHIBIT B 10231 A=15'15'44- R=2937' L=782.35' N17-55'51"E(Ri POINT "EE" PAGE 2 OF 6 SCALE 1"=100' -N- ro LU O < Q_ UJ Ld GO POINT "HH" SEE PAGE 4 LEGEND 10' EASEMENT, 5' EACH SIDE OF CENTERLINE 15' EASEMENT, 7.5' EACH SIDE OF CENTERLINE EASEMENT DESCRIBED HEREON. SEE DATA TABLES ON PAGE 6 CARLSBAD MUNICIPAL WATER DISTRICT DATE: 7/7/06 SCALE: r=10Cr APN 213-262-01, 02, 03, 04, 05 WATER EASEMENT PLAT IN LOTS 24 THROUGH 28 OF MAP NO. 14960 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO. STATE OF CALIFORNIA DRAWN BY: SPEAR & ASSOCIATES, INC PR 06-90 REVISED: S&A JOB NO. 06-104 EXHIBIT "B" 10232 ALOMAR A'RPORT PAGE 3 OF 6 SCALE 1B=100' -N- 1 SEE PAGE 5LEGEND 10' EASEMENT, 5' EACH SIDE OF CENTERLJNE 15' EASEMENT, 7.5' EACH SIDE OF CENTERLINE EASEMENT DESCRIBED HEREON. SEE DATA TABLES ON PAGE 6 CARLSBAD MUNICIPAL WATER DISTRICT DATE: 7/7/06 SCALE: 1=100 APN 213-262-01, 02, 03, 04, 05 WATER EASEMENT PLAT IN LOTS 24 THROUGH 28 OF MAP NO. 14960 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO. STATE OF CALIFORNIA DRAWN BY: SPEAR & ASSOCIATES, INC PR 06-90 REVISED: S&A JOB NO. 06-104 EXHIBIT "B" SEE PAGE 2 10233 PAGE 4 OF 6 SCALE r=100' L^lil ^irtin. I 81. -N- POINT "NN" LO LU O < Q_ LoJ LU 00 POINT "LL" _N76-53'Q9"W(Ri GATEWAY ROAD LEGEND 10' EASEMENT. 5' EACH SIDE OF CENTERLINE 15' EASEMENT, 7.5' EACH SIDE OF CENTERLINE EASEMENT DESCRIBED HEREON. SEE DATA TABLES ON PAGE 6 DATE: 7/7/06 CARLSBAD MUNICIPAL WATER DISTRICT SCALE: r=100' APN 213-262-01,02, 03, 04, 05 WATER EASEMENT PLAT IN LOTS 24 THROUGH 28 OF MAP NO. 14960 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA DRAWN BY: SPEAR 4 ASSOCIATES, IKK PR 06-90 REVISED: S&A JOB NO. 06-104 EXHIBIT "B"10234 PAGE 5 OF 6 SCALE 1"=100' SEE PAGE 3 -N- J _L-2—— T~ L69 T.P.O.B.10' EASEMENT, 5' EACH SIDE OF CENTERLINE 15' EASEMENT. 7.5' EACH SIDE OF CENTERLINE EASEMENT DESCRIBED HEREON. DETAIL SCALE 1"=50' SEE DATA TABLES ON PAGE 6 CARLSBAD MUNICIPAL WATER DISTRICT DATE: 7/7/06 SCALE: 1-100 APN 213-262-01, 02, 03, 04, 05 WATER EASEMENT PLAT IN LOTS 24 THROUGH 28 OF MAP NO. 14960 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO. STATE OF CALIFORNIA DRAWN BY: SPEAR & ASSOCIATES, INC REVISED: S&A JOB NO. 06-104 10235 ll EXHIBIT "B" * LINE L1 L2 L3 L4 L5 L6 L7 L8 L9 L10 L11 L12 L13 L14 L15 L16 L17 L18 L19 L20 L21 L22 L23 L24 L25 L26 L27 L28 L29 L30 L31 L32 L33 L34 L35 L36 L37 L38 L39 L40 L41 BEARING S89'43'15"E NO'29'35"E NO'29'35"E N42'02'20"E S78>40'40"E N78'40'40"W S78'40'40"E S39*20'20"E S39'20'20"E NO*OO'OO"W NO"00'00"E N48'51'41"E S41-08'19"E N44*30'25"W SO'29'35"W N7I51'44"E S41<08'19"E N41<08'19"W N41"08'19"W S8'40'05"E S5'30'00"E N2'30'00"W N2'30'00"W N40-25'46"E N83'21'31"E N83'21'31"E S62'41'58"E N90*00'00"W N90'00'00"E NgoWOO'E N45'00*00"E S89'30'25"E S89'30'25"E S89'30'25"E N39-08'01"W N13'40'46"E SO>00'00"E KM *T\("i*1 ^'*ULIN I UO I O Vr Nr20'22"E Nr20'22"E NO'OO'OO'E DISTANCE 61.94' 149.58' 63.36' 29.94' 33.38' 15.80' 90.93' 16.61' 14.33' 157.44' 114.69* 55.66* 55.72* 26.88* 10.00' 25.40' 37.44' 92.42' 1.74' 110.87' 38.88' 125.96' 65.05' 21.97' 176.19' 98.20' 60.95' 20.31' 15.68' 49.76' 54.97' 32.11' 143.34' 57.31' 28.20* (R) 15.86* 21.60* 144.25' (R) 25.58' 80.00' 69.93' LINE L42 L43 L44 L45 L46 L47 L48 L49 L50 L51 L52 L53 L54 L55 L56 L57 L58 L59 L60 L61 L62 L63 L64 L65 L66 L67 L68 L69 L70 L71 L72 L73 L74 L75 L76 L77 L78 L79 L80 L81 L82 L83 L84 L85 L86 L87 L88 L89 L90 L91 BEARING S89'30'25"E S3'51I39"E N2'55'43"W N2t35'14"E N6'40'58"E Ning'20"E Ning'20"E N50'39'40"E N90*00'00"E S41-08'19"E N48-51'41"E N87'30'00"E N48-51'41"E N6'38'29"W NO'OO'OO'W NO-29'35"E ss^o'oe'E S8612'32"E S86'23'55"E S87'02'08"E N88'49'45"W S89'40'45"W N87'37'41"E N8616'10"E N79-21'29"W S80'43'54"E S82>31'29°E Nse^g'irw N3<30'49"E S86'29'11"E NStlS^O'E S86'54'20"E S88'45'37"E NS'SS^g-E N6'48'17"E N85'01'5rE S18'43'47"E N4'58'01"W S86"29'irE N4<03'52''W S83*39'38"E S83'3g'38"E N6'20'22"E N6120'22"E N1-20'22"E S88'3g'38"E S88-39'38"E N1*20'22"E N6'40'32"W S80'26'49"E DISTANCE 18.50' (R) 17.56' (R) 18.50' (R) 18.50' 21.53' 22.02' 18.50' 24.53' 18.50' 83.45' 18.37' 18.50' 84.17' 24.00' 21.00' 24.00' (R) 24.85' (R) 32.86' (R) 37.50' 14.00' (R) 22.53' (R) 22.96' 24.91' 22.00' 18.53' 23.65* 22.89* 82.74* 10.00* 74.20* 8.21' 8.52' 92.19' (R) 18.52' 19.71' 124.45' 50.00' 86.40' 10.00' (R) 42.50' 22.00' 20.97' 108.49' 8.17' 37.76' 18.95* 21.85* 93.97' (R) 43.66' 93.63' PAGE 6 OF 6 LINE C1 C2 C3 C4 C5 C6 C7 C8 C9 C10 C11 C12 C13 C14 C15 C16 C17 C18 C19 C20 C21 C22 C23 C24 C25 C26 C27 C28 C29 C30 C31 C32 C33 C34 C35 C36 C37 C38 C39 C40 C41 DELTA 0'55'56" 416'05" m'52" 410'34" 0'20'32" 3-22'27" ni'ss" 7'45'02" 313*02" 13*20'2r 7-00'56" 018'25" 1'42'26" 011*23" 0'38'15" 1'47'35" r29'30" 118'04" 215'23" 2'28'20" r47'35" 3'52'36" 2'21'32" 0'47'Or 2'23'26" 89'59'58" 0'3g'37" 108'43'47" 18'43'47" 83'21'3r 7-08'04" Sg'47'10" 514'46" 3513'50" 0'28'57" 2'09'02" 012'13" 415'05" 2*06'30" 1*01 '29" 017'06" RADIUS 2857.00' 2857.00* 2857.00* 2857.00' 2857.00' 1395.00' 1395.00' 1395.00' 1395.00' 867.00' 867.00' 2489.00' 2489.00* 2489.00' 2489.00' 2489.00' 2489.00* 2489.00* 2489.00* 1346.00* 1346.00* 1346.00' 1346.00' 1336.00' 1346.00' 25.00' 2931.00' 60.00* 90.00* 25.00* 2134.00* 25.00* 336.00' 60.00' 2134.00' 2857.00' 2857.00' 867.00* 2489.00* 1346.00* 1346.00' ARC 46.48' 212.82' 62.21' 208.23' 17.06' 82.15' 29.18' 188.71' 78.33' 201.85' 106.16' 13.34* 74.16' 8.24' 27.69' 77.90' 64.81* 56.53' 98.02' 58.08' 42.12' 91.07' 55.42' 18.27* 56.16' 39.27' 33.78' 113.86' 29.42' 36.37' 265.72' 39.18' 30.76' 36.89' 17.97' 107.23^ 10.15' 64.33' 91.59' 24.08' 6.69' CARLSBAD MUNICIPAL WATER DISTRICT DATE: 7/7/06 SCALE: 1"=100' APN 213-262-01, 02, 03, 04, 05 WATER EASEMENT PLAT IN LOTS 24 THROUGH 28 OF MAP NO. 14960 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA DRAWN BY: SPEAR & ASSOCIATES. INC PR 06-90 REVISED: S&A JOB NO. 06-104