HomeMy WebLinkAboutPR 06-24; Barratt America Incorporated; 2007-0160758; Subordination AgreementFirst American Title
SUBDIVISION MAPPING DEPT.
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
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].)
11089 DOC# 2007-0160758
MAR 08, 2007 3:19 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORYJ. SMITH, COUNTY RECORDER
FEES: 50.00
PAGES: 15
2007-0160758
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.
PROJECT NO. & NAME:
213-250-06, 07
and 10-23(incl.)
PR 06-24
Lots 6, 7 and 10 - 23 (inclusive) Of CT 02-19 /
Bressi Ranch Planning Area 1 1
SUBORDINATION AGREEMENT
(TRUST DEED HOLDERS)
NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR
SECURITY INTEREST IN THE PROPERTY BECOMING
SUBJECT TO AN EASEMENT 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 FCTRtAltf 2QP7 by Barratt
American Incorporated, A Delaware Corporation, owner of the land hereinafter described and
hereinafter referred to as "Owner," and Bank Of America ,N.A., present owner and holder of the
deed of trust hereinafter described, hereinafter referred to as "Beneficiary;"
WITNESSETH
WHEREAS, Barratt American Inc., A Delaware Corporation, did execute a deed of trust,
dated March 24, 2005 to Parlap, Inc. as trustee, to secure" a note in the sum of
$125,000,000.00 dated March 24, 2005 in favor of Bank Of America N. A. recorded in the office
of the County Recorder of San Diego County on April 6, 2005 as File No. 2005-0280644 of
Official Records of said county; and
1
C:\Documents and Settings\cwick\Desktop\SUBORDINATION AGT TRUST DEED HOLDERS CITY (5-31-00) .doc 5/31/00
11090
WHEREAS, Owner has executed, or is about to execute, as grantor, a grant of
easement dated f^^ '£/ io? in favor of the City of Carlsbad as grantee herein referred to as
"Easement Grantee" creating an 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 s 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
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
2
C:\Documents and Settings\cwick\Desktop\SUBORDINATION ACT TRUST DEED HOLDERS CITY (5-31-00) .doc 5/31/00
11091
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. 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
3
C:\Documents and Settings\cwick\Desktop\SUBORDINATION AGT TRUST DEED HOLDERS CITY (5-31-00) .doc 5/31/00
11093
to the charge of the Easement in favor of Easement Grantee above referred to.
Barratt American IncorporatedBENEFICIARY:
By:
OWNER:
By:
(sign here)(sign here)
(print name here)
Bank Of America, N.A.
(print name here)
(title andx>rganization of signatory)'
nlttft / -I
v/HW /
(print nafae
(title and organization of signatory)
Barratt American Incorporated,
Delaware Corporation _
(title and organization of signatory)
By: _
(sign here)
(print name here)
(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
City Attorney
C:\Documents and Settings\cwick\Desktop\SUBORDINATION ACT TRUST DEED HOLDERS CITY (5-31 -00) .doc 5/31/00
11093
State of California
County of San Diego
On i^-oo /before me,
(Date)
personally appeared / jU/CfJ^\*-^ I •
(NamePTitle of Officer)
jL^ff^\*-^i (Name[s] of Signerfs])
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/ape- subscribed to the within instrument and acknowledged to me that
•he/she/they-executed the same in htd/her/toetp authorized capacity(ies), and that by
-bis/her/their signature^ on the instrument the person(s); or entity upon behalf of which
the person^ acted, executed the instrument.
WITNESS my hand and official seal
PEGGY J. FRENCH
Commission * 1710058
Notary Public - California |
San Diego County '
MvComm. Expires Jan 8.2011 t
(This area for
official notary seal)
?/ COS
Title or Type of
Date
Document
Signer(s) other
Document A^Jf-^aU^e^n^
of £-11 ~7Jo/
than named above
dt^^c (M~^ £)^) lUt^}
No. of Pages i4-
C:\Documents and Settings\cwick\Oesktop\SUBORDINATION AGT TRUST DEED HOLDERS CITY (5-31-00) .doc 5/31/00
11094
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On February 16, 2007, before me, RAELEINE K. NABORS. Notary Public.
personally appeared ROBERT C. CUMMINGS. personally known to me (or proved
to mo on the basis of satisfactory evidence) to be the person(s) whose name(s)
is/etfe 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 the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.RAELEINE K. NABORS
COMM. 01477247 m
Notary Public-California CO
8ANDIMO COUNTY 3
MyComm.E»p.Aprlin.2008
Signature (Seal)
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
INDIVIDUAL
CORPORATE OFFICER
VICE PRESIDENT
TITLE
DESCRIPTION OF ATTACHED DOCUMENT
Magnolia
Subordination Agreement
TITLE OR TYPE OF DOCUMENT
PARTNERS
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER:
LIMITED
GENERAL NUMBER OF PAGES
February 16, 2007
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
(NAME OF PERSON OR ENTITY)
BARRATT AMERICAN INCORPORATED
11095
EXHIBIT 'A'
PR 06-24
LEGAL DESCRIPTION
FOR
GENERAL UTILITY EASEMENTS
ALL OF THOSE PORTIONS OF LOTS 6, 7 AND 10 THROUGH 23, INCLUSIVE OF
CARLSBAD TRACT CT 02-19, IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14892,
RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY ON OCTOBER 8, 2004, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
PARCEL 1
THE NORTHEASTERLY 20.00 FEET OF THE SOUTHWESTERLY 46.34 FEET OF
THE NORTHWESTERLY 9.00 FEET OF SAID LOT 6.
CONTAINS 180 SQUARE FEET, MORE OR LESS.
PARCEL 2
THE NORTHEASTERLY 20.00 FEET OF THE NORTHWESTERLY 9.00 FEET OF
SAID LOT 7.
CONTAINS 180 SQUARE FEET, MORE OR LESS.
PARCEL 3
THE NORTHWESTERLY 14.00 FEET OF THE SOUTHWESTERLY 102.06 FEET OF
SAID LOT 7.
CONTAINS 180 SQUARE FEET, MORE OR LESS.
PARCEL 4
COMMENCING AT THE MOST SOUTHERLY CORNER OF SAID LOT 10, SAID
CORNER BEING IN A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY AND
HAVING A RADIUS OF 51.00 FEET; THENCE NORTHERLY AND NORTHEASTERLY,
30.52 FEET ALONG SAID CURVE AND SOUTHEASTERLY LINE OF SAID LOT 10
THROUGH A CENTRAL ANGLE OF 34°17'33" TO THE TRUE POINT OF BEGINNING;
THENCE DEPARTING SAID SOUTHEASTERLY LINE, NORTH 44°53'44" WEST 9.02
FEET TO THE INTERSECTION WITH A NON-TANGENT CURVE CONCAVE
SOUTHEASTERLY AND HAVING A RADIUS OF 60.00 FEET, A RADIAL LINE TO
SAID CURVE AT SAID INTERSECTION BEARS NORTH 48°38'25" WEST; THENCE
NORTHEASTERLY, CONCENTRIC WITH AND 9.00 FEET NORTHWESTERLY OF
SAID SOUTHEASTERLY LINE, 20.20 FEET THROUGH A CENTRAL ANGLE OF
19°17'29"; THENCE DEPARTING SAID CURVE, SOUTH 44°53'44" EAST 9.41 FEET
TO THE INTERSECTION WITH THE SOUTHEASTERLY LINE OF SAID LOT 10, SAID
PAGE1 Of 6
T:\Mapping\2407\2407.20\Plats\2726.00 GUE Plats\Legals\Lots02,4,6,7andlOthru23inclusive.doc 01-15-07
11096
INTERSECTION BEING IN A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY
AND HAVING A RADIUS OF 51.00 FEET, A RADIAL LINE TO SAID CURVE AT SAID
INTERSECTION BEARS NORTH 26°30'55" WEST; THENCE SOUTHWESTERLY,
20.28 FEET ALONG SAID CURVE AND SOUTHEASTERLY LINE THROUGH A
CENTRAL ANGLE OF 22°47'13" TO THE TRUE POINT OF BEGINNING.
CONTAINS 182 SQUARE FEET, MORE OR LESS.
PARCEL 5
THE SOUTHWESTERLY 20.00 FEET OF THE NORTHEASTERLY 93.00 FEET OF
THE SOUTHEASTERLY 9.00 FEET OF SAID LOT 11.
CONTAINS 180 SQUARE FEET, MORE OR LESS.
PARCEL 6
THE NORTHEASTERLY 20.00 FEET OF THE SOUTHWESTERLY 69.28 FEET OF
THE SOUTHEASTERLY 9.00 FET OF SAID LOT 12.
CONTAINS 180 SQUARE FEET, MORE OR LESS.
PARCEL 7
THE NORTHEASTERLY 20.00 FEET OF THE SOUTHWESTERLY 27.00 FEET OF
THE SOUTHEASTERLY 9.00 FEET OF SAID LOT 13.
CONTAINS 180 SQUARE FEET, MORE OR LESS.
PARCEL 8
COMMENCING AT THE MOST NORTHERLY CORNER OF SAID LOT 14, SAID
CORNER BEING IN A NON-TANGENT CURVE CONCAVE NORTHEASTERLY AND
HAVING A RADIUS OF 232.00 FEET; THENCE SOUTHEASTERLY, 29.65 FEET
ALONG SAID CURVE AND NORTHEASTERLY LINE OF SAID LOT 14 THROUGH A
CENTRAL ANGLE OF 07°19'20" TO THE TRUE POINT OF BEGINNING; THENCE
CONTINUING 19.26 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
04°45'20"; THENCE DEPARTING SAID CURVE, SOUTH 39°35'15" WEST 9.00 FEET
TO THE INTERSECTION WITH A NON-TANGENT CURVE CONCAVE
NORTHEASTERLY AND HAVING A RADIUS OF 241.00 FEET, A RADIAL LINE TO
SAID CURVE AT SAID INTERSECTION BEARS SOUTH 39°35'15" WEST; THENCE
NORTHWESTERLY, CONCENTRIC WITH AND 9.00 FEET SOUTHWESTERLY FROM
THE NORTHEASTERLY LINE OF SAID LOT 14, 20.00 FEET THROUGH A CENTRAL
ANGLE OF 04°45'20"; THENCE DEPARTING SAID CURVE, NORTH 44°20'35" EAST,
9.00 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINS 177 SQUARE FEET, MORE OR LESS.
PAGE 2 Of 6
T:\Mapping\2407\2407.20\Plats\2726.00 GUE Plats\Legals\Lots02A6,7andlOthru23inclusive.doc 01-15-07
11097
PARCEL 9
COMMENCING AT THE MOST SOUTHEASTERLY CORNER OF SAID LOT 15, SAID
CORNER BEING IN A NON-TANGENT CURVE CONCAVE NORTHEASTERLY AND
HAVING A RADIUS OF 232.00 FEET; THENCE NORTHWESTERLY, 19.28 FEET
ALONG SAID CURVE AND NORTHEASTERLY LINE OF SAID LOT 15 THROUGH A
CENTRAL ANGLE OF 04°45'37" TO THE TRUE POINT OF BEGINNING, THENCE
DEPARTING SAID CURVE, SOUTH 56°25'32" WEST 9.00 FEET TO THE
INTERSECTION WITH A NON-TANGENT CURVE CONCAVE NORTHEASTERLY
AND HAVING A RADIUS OF 241.00 FEET, A RADIAL LINE TO SAID CURVE AT SAID
INTERSECTION BEARS SOUTH 56°39'55" WEST; THENCE NORTHWESTERLY,
CONCENTRIC WITH AND 9.00 FEET SOUTHWESTERLY FROM THE
NORTHEASTERLY LINE OF SAID LOT 15, 20.00 FEET THROUGH A CENTRAL
ANGLE OF 04°45'14"; THENCE DEPARTING SAID CURVE, NORTH 60°10'54" EAST
9.00 FEET TO THE INTERSECTION WITH THE NORTHEASTERLY LINE OF SAID
LOT 15, SAID INTERSECTION BEING IN A NON-TANGENT CURVE CONCAVE
NORTHEASTERLY AND HAVING A RADIUS OF 232.00 FEET, A RADIAL LINE TO
SAID CURVE AT SAID INTERSECTION BEARS SOUTH 61°10'54" WEST; THENCE
SOUTHEASTERLY, 19.25 FEET ALONG SAID CURVE AND NORTHEASTERLY LINE
THROUGH A CENTRAL ANGLE OF 04°45'13" TO THE TRUE POINT OF BEGINNING.
CONTAINS 177 SQUARE FEET, MORE OR LESS.
PARCEL 10
THE NORTHWESTERLY 20.00 FEET OF THE SOUTHEASTERLY 27.00 FEET OF
THE NORTHEASTERLY 9.00 FEET OF SAID LOT 16.
CONTAINS 180 SQUARE FEET, MORE OR LESS.
PARCEL 11
THE SOUTHEASTERLY 20.00 FEET OF THE NORTHEASTERLY 9.00 FEET OF SAID
LOT 17.
CONTAINS 180 SQUARE FEET, MORE OR LESS.
PARCEL 12
BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID LOT 18, SAID CORNER
BEING IN A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A
RADIUS OF 232.00 FEET, A RADIAL LINE TO SAID CURVE AT SAID CORNER
BEARS NORTH 78°02'22" WEST; THENCE DEPARTING SAID CURVE AND ALONG
THE SOUTHWESTERLY LINE OF SAID LOT 18, NORTH 79°27'49" WEST 9.00 FEET
TO THE INTERSECTION WITH A NON-TANGENT CURVE CONCAVE
SOUTHEASTERLY AND HAVING A RADIUS OF 241.00 FEET, A RADIAL LINE TO
SAID CURVE AT SAID INTERSECTION BEARS NORTH 78°05'33" WEST; THENCE
DEPARTING SAID SOUTHWESTERLY LINE AND ALONG SAID CURVE, BEING
CONCENTRIC WITH AND 9.00 FEET NORTHWESTERLY FROM THE
SOUTHEASTERLY LINE OF SAID LOT 18, 8.82 FEET THROUGH A CENTRAL
PAGE 3 Of 6
T:\Mapping\2407\2407.20\Plals\2726.00 GUE Plats\Legals\Lots02,4,6,7andlOthru23inclusive.doc 01-15-07
11098
ANGLE OF 02°05'47" TO THE BEGINNING OF A, REVERSE CURVE CONCAVE
NORTHWESTERLY AND HAVING A RADIUS OF 78.00 FEET, A RADIAL LINE TO
SAID CURVE AT SAID BEGINNING BEARS SOUTH 75°59'46" EAST; THENCE
NORTHEASTERLY, 11.18 FEET ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 08°12'57"; THENCE DEPARTING SAID CURVE, SOUTH 84°12'43" EAST
9.00 FEET TO THE INTERSECTION WITH THE SOUTHEASTERLY LINE OF SAID
LOT 18, SAID INTERSECTION ALSO BEING IN A NON-TANGENT CURVE CONCAVE
NORTHWESTERLY AND HAVING A RADIUS OF 87.00 FEET, A RADIAL LINE TO
SAID CURVE AT SAID INTERSECTION BEARS SOUTH 84°12'43" EAST; THENCE
SOUTHWESTERLY, 12.48 FEET ALONG SAID CURVE AND SOUTHEASTERLY LINE,
12.48 FEET THROUGH A CENTRAL ANGLE OF 08°12'57" TO THE BEGINNING OF A
REVERSE CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF
232.00 FEET, A RADIAL LINE TO SAID CURVE AT SAID POINT BEARS NORTH
75°59'46" WEST; THENCE SOUTHWESTERLY, 8.27 FEET ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 02°02'36" TO THE POINT OF BEGINNING.
CONTAINS 183 SQUARE FEET, MORE OR LESS.
PARCEL 13
BEGINNING AT THE MOST SOUTHWESTERLY CORNER OF SAID LOT 19, SAID
CORNER BEING IN A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY AND
HAVING A RADIUS OF 51.00 FEET, A RADIAL LINE TO SAID CURVE AT SAID
CORNER BEARS NORTH 39°06'57" WEST; THENCE DEPARTING SAID CURVE,
NORTHWESTERLY AND ALONG THE SOUTHWESTERLY LINE OF SAID LOT 19,
NORTH 39°06'57" WEST 9.00 FEET TO THE INTERSECTION WITH A NON-
TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 60.00
FEET, A RADIAL LINE TO SAID CURVE AT SAID INTERSECTION BEARS NORTH
39°06'57" WEST; THENCE DEPARTING SAID SOUTHWESTERLY LINE, AND ALONG
SAID CURVE, BEING CONCENTRIC WITH AND 9.00 FEET NORTHWESTERLY
FROM THE SOUTHEASTERLY LINE OF SAID LOT 19, 20.39 FEET THROUGH A
CENTRAL ANGLE OF 19°28'17"; THENCE DEPARTING SAID CURVE, SOUTH
19°38'40" EAST 9.00 FEET TO THE INTERSECTION WITH THE SOUTHEASTERLY
LINE OF SAID LOT 19, SAID INTERSECTION ALSO BEING IN A NON-TANGENT
CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 51.00 FEET, A
RADIAL LINE TO SAID CURVE AT SAID INTERSECTION BEARS NORTH 19°38'40"
WEST; THENCE SOUTHWESTERLY, 17.33 FEET ALONG SAID CURVE AND
SOUTHEASTERLY LINE OF SAID LOT 19 THROUGH A CENTRAL ANGLE OF
19°28'16" TO THE POINT OF BEGINNING.
CONTAINS 170 SQUARE FEET, MORE OR LESS.
PARCEL 14
COMMENCING AT THE MOST SOUTHWESTERLY CORNER OF SAID LOT 20, SAID
CORNER BEING IN A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY AND
HAVING A RADIUS OF 51.00 FEET; THENCE NORTHEASTERLY, 4.17 FEET ALONG
SAID CURVE AND THE SOUTHEASTERLY LINE OF SAID LOT 20 THROUGH A
CENTRAL ANGLE OF 04°40'50" TO THE TRUE POINT OF BEGINNING, THENCE
DEPARTING SAID CURVE, NORTH 70°16'21" WEST 9.00 FEET TO THE
PAGE 4 Of 6
T:\Mapping\2407\2407.20\Plats\2726.00 GUE Plats\Legals\Lots02A6JandlOthru23inclusive.doc 01-15-07
11099
INTERSECTION WITH A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY AND
HAVING A RADIUS OF 60.00 FEET, A RADIAL LINE TO SAID CURVE AT SAID
INTERSECTION BEARS NORTH 70°16'21" WEST; THENCE NORTHEASTERLY
ALONG SAID CURVE, BEING CONCENTRIC WITH AND 9.00 FEET
NORTHWESTERLY FROM THE SOUTHEASTERLY LINE OF SAID LOT 20, 20.00
FEET THROUGH A CENTRAL ANGLE OF 19°06'04"; THENCE DEPARTING SAID
CURVE, SOUTH 51°10'18" EAST 9.00 FEET TO THE INTERSECTION WITH THE
SOUTHEASTERLY LINE OF SAID LOT 20, SAID INTERSECTION ALSO BEING IN A
NON-TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF
51.00 FEET, A RADIAL LINE TO SAID CURVE AT SAID INTERSECTION BEARS
NORTH 51°10'18" WEST; THENCE SOUTHWESTERLY, 17.00 FEET ALONG SAID
CURVE AND SOUTHEASTERLY LINE THROUGH A CENTRAL ANGLE OF 19°06'04"
TO THE TRUE POINT OF BEGINNING.
CONTAINS 167 SQUARE FEET, MORE OR LESS.
PARCEL 15
BEGINNING AT THE MOST SOUTHEASTERLY CORNER OF SAID LOT 21; THENCE
SOUTHWESTERLY ALONG THE SOUTHEASTERLY LINE OF SAID LOT 21, SOUTH
71°17'02" WEST 11.42 FEET; THENCE DEPARTING SAID SOUTHEASTERLY LINE,
PARALLEL WITH AND 9.00 FEET SOUTHWESTERLY FROM THE NORTHEASTERLY
LINE OF SAID LOT 21, NORTH 56°41'54" WEST 20.00 FEET; THENCE NORTH
33°18'06" EAST 9.00 FEET TO THE INTERSECTION WITH THE NORTHEASTERLY
LINE OF SAID LOT 21; THENCE SOUTHEASTERLY ALONG SAID NORTHEASTERLY
LINE, SOUTH 56°41'54" EAST 27.03 FEET TO THE POINT OF BEGINNING.
CONTAINS 212 SQUARE FEET, MORE OR LESS.
PARCEL 16
THE SOUTHEASTERLY 20.00 FEET OF THE NORTHEASTERLY 9.00 FEET OF SAID
LOT 22.
CONTAINS 180 SQUARE FEET, MORE OR LESS.
PARCEL 17
BEGINNING AT THE MOST SOUTHEASTERLY CORNER OF SAID LOT 23, SAID
CORNER BEING IN A NON-TANGENT CURVE CONCAVE WESTERLY AND HAVING
A RADIUS OF 188.00 FEET, A RADIAL LINE TO SAID CURVE AT SAID CORNER
BEARS NORTH 82°00'49" EAST; THENCE SOUTHWESTERLY ALONG THE
SOUTHEASTERLY LINE OF SAID LOT 23, SOUTH 71°17'02" WEST 9.17 FEET TO
THE INTERSECTION WITH A NON-TANGENT CURVE CONCAVE WESTERLY AND
HAVING A RADIUS OF 179.00 FEET, A RADIAL LINE TO SAID CURVE AT SAID
INTERSECTION BEARS NORTH 82°33'36" EAST; THENCE DEPARTING SAID
SOUTHEASTERLY LINE, NORTHERLY ALONG SAID CURVE, BEING CONCENTRIC
WITH AND 9.00 FEET WESTERLY FROM THE EASTERLY LINE OF SAID LOT 23,
20.00 FEET THROUGH A CENTRAL ANGLE OF 06°24'10"; THENCE DEPARTING
SAID CURVE, NORTH 76°09'26" EAST 9.00 FEET TO THE INTERSECTION WITH
PAGE 5 Of 6
T:\Mapping\2407\2407.20\Plats\2726.00 GUE Plats\Legals\Lots02,4,6,7andl Othru23inclusive.doc 01-15-07
moo
THE EASTERLY LINE OF SAID LOT 23, SAID INTERSECTION BEING IN A NON-
TANGENT CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 188.00 FEET,
A RADIAL LINE TO SAID CURVE AT SAID INTERSECTION BEARS NORTH 76°09'26"
EAST; THENCE SOUTHEASTERLY, 19.22 FEET ALONG SAID CURVE AND
EASTERLY LINE THROUGH A CENTRAL ANGLE OF 05°51'23" TO THE POINT OF
BEGINNING.
CONTAINS 176 SQUARE FEET, MORE OR LESS.
RONALD E. ROTH, PLS 5506
LICENSE EXP. DATE 09/30/2008
DATE
PAGE 6 of 6
T:\Mapping\2407\2407.20\Plats\2726.00 GUE Plats\Legals\Lots02A6JandlOthni23indusive.doc 01-15-07
LEGAL DESCRIPTION:
ALL OF THOSE PORTIONS OF LOTS 6, 7 AND 10
THROUGH 23, INCLUSIVE OF CARLSBAD TRACT
CT 02-19, IN THE CITY OF CARLSBAD, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 14892,
RECORDED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY ON OCTOBER
8, 2004.
ASSESSOR'S PARCEL NOS.
213-250-06, 07, 10 THROUGH 23
OWNER/APPLICANT
BARRATT AMERICAN
5950 PRIESTLY DR., SUITE 101
CARLSBAD, CA 92008
BASIS OF BEARINGS:
THE BASIS OF BEARINGS FOR THIS MAP IS
CARLSBAD TRACT CT 02-19 ACCORDING TO
MAP NO. 14892.
11101
T.P.O.B.
P.O.B.
P.O.C.
(R)
INDICATES TRUE POINT OF BEGINNING
INDICATES POINT OF BEGINNING
INDICATES POINT OF COMMENCEMENT
INDICATES RADIAL BEARING
ENGINEER OF WORK:
PROJECT DESIGN CONSULTANTS
701 B STREET SUITE 800
SAN DIEGO, CALIFORNIA 92101
PHONE: (619) 235-6471
^E^&
RONALD E. ROTH, LS. 5506
LICENSE EXPIRES 9/30/2008
DATE
APPLICANT:
BARRATT AMERICAN
5950 PRIESTLY DR., SUITE 101
CARLSBAD, CA 92008
GENERAL UTILITY EASEMENT - CITY OF CARLSBAD
EXHIBIT 'B1
SHEET1 OFJ
A.P.N. 213-250-06, 07
10 THROUGH 23
CT 02-19
PR 06-24
Ti\M<xpplng\2407\2407,20\Plats\2726.00 CUE Plats\Lo-ts01thru25-Sht01,dwg 2/28/2007 12'16iOO PM PST
CARLSSADvTRACT CT 02-19V 13 SEE DETAIL'S'
27
MAP NO, 14892
11 -12
PARCEL '$11102
PARCEL '6'^J-19
L22^
L21
<49.28<
^
, '**&i '4ifc / Y
&t~£u
*L5 L2
°ARCEL '2'
>L9
10 Z.77
If' ' ss^v /S-\L15 .oy^v3 &<< //x^tw) ft ®@4^$ -P^OEL a
jb/%
P/V?G£I
V
CL
*
P.O.C.
PARCEL
9
P>WGBL '4'
\
8
7
CARLSBAD TRACT
CT/02-19
JVJAPxNO, 14892
C(7/?1/E TABLE
NO.
C1
C2
CJ
C4
C5
C6
DELTA
J477'JJ"
22V7'45~
22'47'13"
191T29"
22VT46"
22415'31"
RADIUSfft)
5100
87.00
51.00
60.00
87.00
51.00
LENGTH(ft)
30.52
33.60
20.28
20.20
33.60
199.62
i£2MJB!i
A/0 SCALE I
80 40 80
I*I II
I-L^ Lij
I G• (o
UNE TABLE
NO.
L1
L2
L3
L4
L5
L6
BEARING
N45W16"E
N44-53'44"W
N45V6'16"E
N44'53'44'W
N45V6'16"E
LENGTH(ft)
9.00
20.00
9.00
20.00
9.00
20.00
LINE TABLE (CONT.)
NO.
17
L9
L10
L11
L12
L13
L14
L15
L16
L17
L18
L19
L20
L21
L22
L23
L24
L25
L26
L27
L28
L29
L30
BEARING
N44'53'44"W
N45"0616"E
N44"53'44"W
N45W16"E
N44"5344"W
N45V616*E
N44-53'44"W
N44'53'44"W
N44'53'44W
N45V6'16E
N44-53'44~W
N45'0616E
N44'53'44"W
N45V6'16"E
N44'53'44"W
N45V6'16"E
N44"53'44"W
N45V6'16"E
N44"53'44"W
N45V6'16"E
N22-58'30'E
N6714'01'E
N45V6'16"E
N44'53'44"W
LENGTH(ft)
9.00
20.00
14.00
20.00
14.00
20.00
9.41
9.02
9.00
20.00
9.00
20.00
9.00
20.00
9.00
20.00
9.00
20.00
9.00
20.00
50.00
50.00
40.72
14.00
APPLICANT:
BARRATT AMERICAN
5950 PRIESTLY DR., SUITE 101
CARLSBAD, CA 92008
GENERAL UTILITY EASEMENT - CITY OF CARLSBAD
EXHIBIT 'B'
SHEET 2 OF 3
A.P.N. 213-250-06, 07
10 THROUGH 23
CT 02-19
PR 06-24
Ti\Mo.pplng\2407\a407.80\Plats\a7a6,00 GUE Pla-ts\Lots01thru25-Sh-t02,dwg 2/28/2007 12il9il7 PM PST
11103
L8
N19'38'40"W(R) 9.00'
R=51.00'
L=17.33'
PARCEL! '13'A=19V6'04
R=60.00
A=02V2'36 N7016'21"
P.O.C.
R=232.00' \
1=8.27' I
P.O.B. \PARCEL
56'41
P.O.B.*21 N3318'06"E
9.0V
N56'41'54"W 20.00'
A/7/7702
PARCEL '1
N7117'02'E 9.00:
PARCEL '16-
N18'42'58"W
20.
N721624
9.00'
N7216'24"E
9.00'.
N17'43'36"W
20.00'
PARCEL '10'-<
N76V9'26"E(R) 3.00',
23 PARCEL
N721624
9.00'
N6110'54"E
PARCEL '9' 9'°°'PARCEL '9'PARCEL
R=241.00'
L=20.00'
CURVE TABLE
NO.
C1
C2
C3
C4
C5
C6
C7
C8
C9
CW
C11
DELTA
06"24'10"
05^23"
04'45'37"
04'40'50"
04'45'20"
04'45'20'
04'45'13"
02V5'47"
0812'57"
19"28'17"
0719'20"
'7.03'
\15'\ 23
*\L2 \
\
i
\g
X|-^i
^
RADIUSfft)
179.00
188.00
232.00
51.00
232.00
241.00
232.00
241.00
78.00
60.00
232.00
LENGTH(ft)
20.00
19.22
19.28
4.17
19.26
20.00
19.25
8.82
11.18
20.39
29.65
LINE TABLE
NO.
L1
L2
L3
L4
L5
L6
17
L8
L9
L10
L11
L12
BEARING
N7117'02'E
N18'42'58"W
N7117'02"E
N22-53'54"E
N7216'24'E
N79"27'49"W
N8412'43"W(R)
A/39T06'57"Wf/?;
N39'35'15"ECR)
N44-20'35"E(R)
N56"25'32"E(R)
N17'43'36"W
LENGTH
9.00'
20.00'
9.17'
5.00'
9.00'
9.00'
9.00'
9.00'
9.00'
9.00'
9.00'
20.00'
PARCEL &S
APPLICANT:
BARRATT AMERICAN
5950 PRIESTLY DR., SUITE 101
CARLSBAD, CA 92008
GENERAL UTILITY EASEMENT - CITY OF CARLSBAD
EXHIBIT 'B'
SHEET30F3
A.P.N. 213-250-06, 07
10 THROUGH 23
CT 02-19
PR 06-24
T.\Mapplng\2407\2407.20\Plats\a7a6.00 CUE Plats\Lo-ts01-thru25-Sh-t03,dwg 2/28/2007 12>19i45 PM PST