HomeMy WebLinkAboutCT 85-35; Aviara Land Associates/Aviara-9; 90-355553; Unity of Control Assumption Agreementc s tiEC@KlHG RE STED BY i 190 355553
/ m mE IHStMANCE GOMPANY [bF CALlFORPiid 1652’ +
City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008
1 L-f--.. . .-“__ . . Space above for Recorder's Use Only
ASSUMPTION AGREEMENT
THIS ASSUMPTION AGREEMENT (the "Agreement") is made as of q--w zo 19q0, by and between AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, a Delaware limited partnership viara"), and kUl&%Ad,%tc>c, , a \km\k ~q-4wi ("Purchaser"), with reference to the following facts:
A. Aviara is the master developer of the Aviara master- planned community located in the City of Carlsbad, State of California.
B. Aviara and certain purchasers of real property located within the Aviara master-planned community have executed and recorded that certain Unity of Control Agreement attached hereto as Exhibit “A” (the "Unity of Control Agreement").
c. Purchaser has purchased from Aviara a portion of the real property located in the Aviara master-planned community, which portion is described in the attached Exhibit "B" (the "Property").
D. By executing this Agreement, Purchaser is assuming and agreeing to be bound by the terms and conditions of the Unity of Control Agreement with reference to Purchaser's use and development of the Property.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows:
. I a
7 ‘, 1653
. 1. Acknowledaement and Assumption. Purchaser acknowledges that Purchaser has received and reviewed the Unity of Control Agreement, and Purchaser hereby assumes and agrees to be bound by its terms and conditions with reference to Purchaser's use and development of the Property.
2. Exhibits. All exhibits to which reference is made in this Agreement are deemed to be incorporated herein by each reference as if fully set forth.
3. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, and all of which together shall be deemed to be one and the same instrument.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first set forth above.
Approved as to form: "Aviara"
Vincent F. Biondo, Jr., City Attorney
By: Ronald R. Ball, Assistant City Attorney
AVIARA LAND ASSOCIATES LIMITED P&RTNERSHIP, a Delaware limited partnership
By: Aviara Land Company, a ation, General
By: Republic Development Company, a California corporation, *era1 Partner
(Signatures Continued On Next Page)
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1654 --
"Purchaser"
3
STATE OF CALIFORNIA )
1655
) ss COUNTY OF Qca/M4p,)
On Notar before me, the undersigned, a r said State, personally appeared and
I personally known to me & who executed this
respectively, or on behalf of AVIARA LAND COMPANY, a5elaware corporation, the corporation that executed this instrument on behalf of AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, a Delaware limited partnership, the partnership that executed this instrument, and acknowledged to me that the corporation executed this instrument pursuant to its by-laws or a resolution of its board of directors as such partner and that the partnership executed it.
WITNESS my hand and official seal.
t Notary Public in and for Said State
4
t ,
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- 1656
STATE OF CALIFORNIA ) 1 ss COUNTY OF &Q--z+0 ) u
On , before me, the undersigned, a Notary aid State, personally appeared and Y LY GY QW personally known to me er prX I
corporation, the corporation that executed this instrument on behalf of AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, a Delaware limited partnership, the partnership that executed this instrument, and acknowledged to me that the corporation executed this instrument pursuant to its by-laws or a resolution of its board of directors as such partner and that the partnership executed it.
WITNESS my hand and official seal.
Notary Public in and for Said State
JSU:A0131201.D12:041790 5
* ' DRC:lc 06/15/90 v 1 , CLD20110.W4
165;
STATE OF CALIFORNIA
COUNTY OF
193, before me, the unders d for said State, personally I personally me on the basis of satisfactory evidence to be-the, er on who executed the within instrument as the JI'i .!&a & -!- f b< on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors.
WITNESS my hand and official seal.
Q. r/,&+- 8 I Lc
tary Public
. .
l .- 1658 -
t ’ 8 *w ~.““ut la D
RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: .- _,
,::. .i cc:i;tbw CF lYJ.imRM
1 _. '. _\ *.
;;y; TFl 7;;~ - ‘[ l c _. * 0 CITY OF CARLSBAD 1 1200 Elm Avenue Carlsbad, California 92008 Attn: Ronald R. Ball, Esq. i ) THIS SPACE FOR RECORDER'S USE ONLY
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UNITY OF CONTROL AGREEMENT
THIS UNITY OF CONTROL AGREEMENT (the "Agreement") is entered into as of February 20, 1990, by and among AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, a Delaware limited partnership ( "Aviara" ) ; DAVIDSON COSCAN PARTNERS, a California general partnership ("Davidson"); LYON COMMUNITIES, INC., a California corporation ("Lyon"); RDC DEW0 II LIMITED PARTNERSHIP, a Delaware limited partnership ("RDC"); A-M HOMES, a California Limited Partnership (“A-M”); and BRAMALEA CALIFORNIA, INC., a California corporation ("Bramalea"). All of the parties identified above may hereinafter be referred to collectively as "the Owners" or "the parties". This Agreement is entered into with reference to the following facts:
A. Allnof the Owners own real property located in that certain master-planned community located In the City of Carlsbad (the "City") and known as “AvisraN (hereinafter referred to as the "Project"). As of the date of this Agreement, Aviara is the owner in fee simple of that certain real property shown in the attached Exhibit ‘Aa. Aviara has conveyed the following properties within the Project to the following parties:
To Davidson: Real propeky identified in Exhibit "B";
To Lyon: Real property Identified in Exhibit “C”;
To RDC: Real property identified in Exhibit "D";
To A-M: Real property identified In Exhibit “E”;
To Bramalea: Real property identified in Exhibit “F”.
8. On December 22, 1987, the City Council of the City adopted Resolution No. 9322, approving, among other things (1) the tentative subdivision map relating to the development of the Project (the "Tentative Map"), and (ii) the Local Facilities Management Plan for Zone 19 of the City (the "Local Facilities Management Plan").
.t EXHIBIT "A"
JSWAO131208.D~2:022130 1
1659
c. On December 22, 1987, the City Council of the City adopted Ordinance No. 9839, approving that certain Master Plan known as MP-177 (the "Master Plan") relating to the development of the Project.
D. On June 27, 1989, the City Council of the City approved by minute motion the recordation of,the final subdivision map for Carlsbad Tract No. 85-35 (the "Final Map").
E. The Owners desire to enter into this Agreement in satisfaction of the City's Ordinance No. 21.38.030 which provides, in pertinent part, as follows:
"(b) All land in each proposed planned community shall be held in one ownership or shall be under unified control unless otherwise authorized by the city council. For the purposes of this section, the written agreement of all owners in the planned community to develop in accord with the master plan as approved indicates unified control."
NOW, the covenants, and the mutual understood and
1.
THEREFORE, In consideration of the foregoing and promises and undertakings hereinafter set forth, benefits of each of the parties hereto, it is agreed as follows: I
Comnliance with Amrovalg. The Owners hereby . _. -._. . . . acknowledge that tne aevelopment of tnelr respectrve propertzes is subject to the terms and conditions set forth in the Master Plan, the Local Facilities Management Plan, the Tentative Map and the Final Map. Each of the Owners has reviewed the contents of the foregoing approvals by the City and acknowledges that (1) the development of property wfthin the Project shall be performed in compliance with the foregoing approvals and (ii) the failure to satisfy the terms and conditions of the foregoing approvals may delay or prevent development of property within the Project.
2. ntrictions uno De elan 8 t in Plannina Areas 3. 4. 5 and 7 RDC, of the Pro& aa the current ozer 0: ilanning Areas 3 and 4
%I and Aviara, as the current owner of Pland.ng
Areao 5,s f tb’project, hereby acknowledge that the above-referenced Planning Areas may not be developed until the necessary downstream sewer facilities satisfactory to the City Engineer are I CJ g&to Odd&& 6 F prcwIvrAJG A aid Planning Areas.*LYodM
3. The Owners hereby agree, each with the other, that should kiy party to this Agreement sell all or any portion of its property within the Project, any such selling party shall cause this Agreement to be identified to the purchaser and shall cause such purchaser to execute a written acknowledgement of the restrictions and obligations set forth herein; provided, however, no such written
JSW:AO13170B.DU:022190 2
. acknowledgement shall be required for purchasers of fewer than five residential lots within the Project.
4. No Aaency The parties hereto acknowledge that none of the parties shali be deemed to be the agent of any other party as a result of executing this Agreement.
5. Bindinu Effect. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
6. Exhibits All exhibits to which reference is made in this Agreement are diemed to be incorporated herein by each reference as if fully set forth.
7. Countemarts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, and all of which together shall be deemed to be one and the same instrument.
8. CitV ADDtOW& By executing the Agreement on the signature page hereof, the City approves this Agreement as to
form and content.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first set forth above.
"OWNERS"
AVIARA LAUD ASSOCIATES LIMITED PARTNERSHIP, a Delaware limited partnership
By: Aviata Land mPanY# a Delaware -serporatlo General Partner
gy: i)d J. /e v$c h1k r&y.
W: Republic Development Company, a Californi >pzlrtnqr hrporatlon, General
By :-+++--& VI CL )I/LJI Jan I-
By: &dL ,gM--- liz L A4$b. secy.
DAVIDSON COSCAN PARTNERS, a California general partnership
By: [Signatures continued!
3
,
1661
acknowledgement shall be required for purchasers of fewer than five residential lots within the Project.
4. No Auencv The parties hereto acknowledge that none of the parties shali be deemed to be the agent of any other party as a result of executing this Agreement.
5. Bindinrr Effect. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
6. Exhibitq All exhibits to which reference is made in this Agreement are diemed to be incorporated herein by each reference as if fully set forth.
7. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, and all of which together shall be deemed to be one and the same instrument.
8. CitV ADDrOVaL. By executing the Agreement on the signature page hereof, the City approves this Agreement as to form and content.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first set forth above.
"OWNERS"
AVIABA LAND ASSOCIATES LIMITED PARTNERSHIP, a Delaware limited partnership
By: Company, a Delaware , General Partner
By:
By:
By: Republic Development Company, a
2izF~~y~;on~ mneral
By:
[Signatures continued]
DAVIDSON COSCAN PARTNERS, a California general partnership The Davidson Company,
.
APPROVED AB TO FORM:
Vfncent F. Blondo, Jr., City Attornsy
By: Ronald R. Ball, Assistant City Attorney
‘16 6 E --
LYON COMMUNITIES, INC., a California corporation
By:
By:
FbC DEVCO II LIMITED PARTNERSHIP, a Delaware limi)ted partnership 3~: Rtc -tb iic L ‘y-dCP\~~nt L,.y;dy ,d l-11 F’.. AWL 4. F
By: ?<4 . . \ ~.2--.. -)C” p ff,
. ‘6 c rir-t 5,‘d..l t
By: ) t4'/ )bm Jc) t b4t.j'c.b 7,
A-M HOMES, a California Limited Partnership
By:
By:
BRAMALEA CALIFORNIA, INC., a California corporation
By:
4
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. r 1663 --
LYON COMMUNITIES, INC., a California corporation
By:
By:
RDC DEVCO 11 LIMITED PARTNERSHIP, a Delaware limited partnership
By:
By:
A-M HOMES, a California limited partnershi
By:d-M HOMES, INC., a Delaware corporation, its managing general
BRAMALEA CALIFORNIA, INC., a California corporation
partner
APPROVED AS TO FORM:
Vincent F. Biondo, Jr., City Attorney
By: Ronald R. Ball,
Assistant City Attorney
4
1664 -
LYON COMMUNITIES, INC., a California
By: u
RDC DEVCO II LIMITED PARTNERSHIP, a Delaware limited partnership
By:
Bv:
A-M HOMES, a California Limited Partnership
By:
By:
BRAMALEA CALIFORNIA, INC., a California corporation
By:
By:.
APPROVED AS TO FORM:
Vincent F. Biondo, Jr., City Attorney
By: Ronald R. Ball, Assistant City Attorney
4
.
I 1665
LYON COMMUNITIES, INC., a California corporation
By:
By:
RDC DEVCO II LIMITED PARTNERSHIP, a Delaware limited partnership
By:
By:
A-M HOMES, a California Limited Partnership
By:
APPROVED AS TO FORM:
Vincent F. Biondo, Jr., City Attorney
By: Ronald R. Ball,
AssiSt8nt City Attorney
* 1
--.
1666
&YON COMMUNITIES, INC., a California corporation
By:
By:
RDC DEVCO II LIMITED PARTNERSHIP, a Delaware limited partnership
By:
By:
A-M HOMES, a California Limited Partnership
By:
BRAMALEA CALIFORNIA, INC., a
California corporation
By:
APPROVED AS To FORM:
VincedFh Biondo, Jr.,
4
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. I . 1667
STATE OF CALIFORNIA )
COUNTY O+?;: [$j/'~; **
On L,j
?PuIlicin kd
/cc; / 1, befOr ma the undersigned, a Nota -$ , /I,, for said &ate, per&ally appeared ,' ,e ; f fr ,I,-' a+Ms , personally known to cm m
- 8 instrument as the the $ersonqwho executed this L. /L-/t Y Y/7* /:r 1 I
on behalf of AVIARA LAND COMPANY;a Delaware &orporation, corporation that executed this instrument on behalf of AVIAEIA LAND ASSOCIATES LIMITED PARTNERSHIP, a Delaware limited partnership, the partnership that executed this instrument, and acknowledged to me that the corporation executed this instrument pursuant to its by-laws or a resolution of its board of directors as such partner and that the partnership executed it.
WITNESS my hand and official seal.
JSU:kO131201.012:022190 5
State
- 1668
STATE OF CALIFORNIA I# I
COUNTy 0% ‘9 ‘, > I /2L, ,‘, c ) ss.
/I
/’ 12,. , & c-, On f jl .: -1”. i
Public in and for said State, personally appeared \ SW,/ /f before me, the u dy$gned, a Notary 2 _- !/, ‘/‘4 ;; , personally known to me the personal who execut and bask of-satisfattorp-t\ridertte-to--k-tk~withkt instrument as thz of Aviara Land Company, a Delaware corporation, the corporation that executed the within instrument on behalf of Aviara Land Associates Limited Partnership, a Delaware Limited Partnership, the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same.
WITNESS my hand and official seal.
(Seal)
STATE OF CALIFORNIA
COUNTY OF r’i/;?/ 1 Ai,y/+ ; SS.
Public in and for said S
. . . . bss tiL of Republic Development Company, a California
corporation, the corporation that executed the within instrument on behalf of Aviara Land Associates Limited Partnership, a Delaware Limited Partnership, the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same.
WlTNESS my hand and official seal. I
-
STATE OF CALIFORN;A )
COUNTY OF- ~',:,~~~& **
1669
, before me, the undersigned, a id State, personally appeared and- , personally known to me eP-preve4-tbme On-the-baSisof Sa+isfaCtOty evidence to be ths,'persona-who executed this instrument as the v~!/.;j+,. / .f//r(.,,-r ' /I,
~mepcthe8or on behalf of REPUBLIC DEVELOPMENT COMPANY, a California corporation, the corporation that 8XeCUt8d this instrument on behalf of AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, a Delaware limited partnership, the partnership that executed this instrument, and acknowledged to me that the corporation executed this instrument pursuant to its by-laws or a resolution of its board of directors as such partner and that the partnership executed it.
WITNESS my hand and official seal.
State
TO *.*a e4 Il.741
(CmporrtiOn u l Rrttw Of a PUUtdtip)
t
:
:
$
0
. I _ _-_- e-c--
I WrlTESS my hand and ~flkial ml. __.-.-
!
Si#a8tun ,:p+(g s&&?y-g?&J - - - C / (T?liBUUfW~~
3rsigned, a )eared Lnd nown to me
c8 to be the aVIDSON the
lat the
I for Said
JSM:AO13120B.DK2:022190 6
.
1670
STATE OF CALIFORNIA )
On [VI /iLCk r& , ICI 9 .‘ , before me, the undersigned, a Notary Public in and for said State, personally appeared -\LLcLL. rr\ /I c-lL‘&.L,L ,L.i-c. and / personally known to me or pm url"fL--"-&xy e&den-o be the persong‘ who executed this instrument as the
\,-Ci i--.~&cc^- 4 / and .- respectively, of LYON COMMUNITIES, I INC., a California corporation;- the corporation therein named, and acknowledged to me that the corporation executed this instrument pursuant to its by-laws or a resolution of its board of directors.
WITNESS my hand and official seal.
606tN LYNN ADAMSON NGVJU %3L:C - C.‘LiFORNIA
SCW DEW C3UNV MY ccmm. enwe3 J!JL 31. 1992
1 _. , I ~&,L&tL~~c~~- , -
Notary Publ@ in and for Said State
STATE OF CALIFORNIA )
1 ** COUNTY OF 1
On before me, the undersigned, a Notary Public in and for said &ate, personally appeared and personally known to me or proved to me on the basis of satl&actory evidence to be the persons who executed thfs instrument on behalf of RDC DEVCO II, LIMITED PARTNERSHIP, a Delaware limited partnership, the partnership named therein, and acknowledged to me that the partnership executed it.
WITNESS my hand end official seal.
Notary Public in and for Said State
7
.-
1671
STATE OQ CALIFORNIA )
COUNTY OQ
On before me, the undersigned, a Notsmllc $a and for said St&e, personally appeared and personally known to me or proved to me on the basis of satfsfaktory evidence to k thm persons who executed this instrument as the
#U I respectively, of LYON COMfUNITIES, INC., a California corporation, the corporation therein named, and acknowledged to me that the corporation esecuted this instrument pursuant to its by-laws or a resolution of its board of directors.
WITNESS my hsnd and official seal.
Notary public in and for Said State
STATE OQ CALIFORNIA ) 1 $8 couNmOQl%-y ) .
before me, the undersigned, a
and fol: raid &ate, personally appeared
known to me
WrmBss my had end official ssal.
Notary Public in and for Said State
1672 -
STATE OF CALIFORNIA ; ss. COUNTY OF ORANGE 1
On MAb,/9qdi before me, the undersigned, a Notary Publi&'in and for said State, personally appeared THOMAS I. HOVER and CHRISTOPHER CALL, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as the Executive Vice President and Assistant Secretary, respectively, on behalf of A-M HOMES, INC., a Delaware corporation, the corporation therein named, and acknowledged to me that said corporation executed the within instrument pursuant to its bylaw8 or a resolution of its board of directors, said corporation being known to me to be the general partner of A-M HOMES, a California limited partnership, the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner of A-M HOMES, and that s the same.
WITNESS my hand and official seal.
Signature [Notary Seal]
STATE OF CALIFORNIA )
) $9 COUNTY OF 1
On before me, the undersigned, a Notary Public in and for said S&e, perSOnally appeared
, personally known to ma or proved to me on the basis of satisfactory evidence to be the pemons who executed this instrument a8 the
respectively, of BRAMALEA CAL;PORNIA, I INC., a California corporation, the co-ration therein named, and acknowledged to me that the corporation executed thfs instrument pUrSUa!It to
it8 by-laws or a resolution of its board of directors.
WITNESS my hand and official seal.
Notary Public in and for Said State
1673
STATE OF CALIFORNIA
COUNTY OF 1
On before me, the undersigned, a Notary Public in and for said State, personally appeared I and , personally known to me or proved to me on the basis of satisfactory evidence to be the persons who executed this instrument on behalf of A-M Homes, a California Limited Partnership, the partnership named therein, and acknowledged to me that the partnership executed it.
WITNESS my hand and official seal.
Notary Public in and for Said State
STATE OF CALIFORNIA
COUNTY OF Rs v@jc! ;
On ?4+QC& \A, \4c7c , before me, the undersigned, a Notary Public in and for said State, personally appeared UPLO L w- and r-~
personally known to me or proved to me on the basis of' satisfactory evidence to be the persons who executed this instrument as the L'\m pQe3\Dm f and respectively, of Bramalea California, Inc., a California corporation the corporation therein named, and acknowledged to me that the corporat'ion executed this instrument pursuant to its by-laws or a resolution of its board of directors.
WITNESS my hand and official seal.
q4 m. \&l.c)cc, Notar'Fublic in and fo
-'GAL DESCRIPTION OF AVIARZ-'ROPERTY
1674
PARCEL A:
THOSE PORTIONS OF SECTIONS 22, 26, 27, 28, 33, AND 34 ALL
IN TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSEAD, COUNTY OF SAN OIEGO, STATE OF CALIFORNIA, ACCCROING
TO OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 34 AS SHOWN ON RECORD OF SURVEY MAP NO. 10774 FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN OIEGO COUNTY OCTOBER 30, 1986 AS FILE NO. 86-494180: THENCE ALONG THE EASTERLY LINE OF SAID SECTION, SOUTH OO”32’Ol” WEST 426.75 FEET; THENCE LEAVING SAID EASTERLY LINE, THE FOLLOWING COURSES:
NORTt
SOUTt SOUTt SOUTt NORTt NORTt NORTt
sou1t SOUTt
SOUTt NORTt
SOUTt SOUTt NORTt NORTt NORTt
SOUTt
SOUTt
SOUTt
soun NORTt NORTt NORTt SOUTt
;:E:l
/ 83’55’00” WEST 1 ~ 67’22’00” WEST 1 39’25’00” EAST 1 49’15’00” WEST 1
58°00’OO” WEST 1
OS”14’00” EAST 2 .74’45’00” WEST 1
59°00’OO” WEST 1 22’30’00” WEST 8 61’54’00” WEST 1
89’00’00” WEST 1 62’50’00” WEST 3 54°10’OO” WEST 1
54°10’OO” WEST 3
35’30’00” WEST 1 20°30’OO” WEST 1 2S030’OO” WEST 2 33’30’00” WEST 1 77°30’OO” WEST 3 7S058’00” WEST 4 73’50’00” WEST 9 74°10’00” WEST 1 73’16’26” WEST 1 78’00’00” WEST 4 E BOUNDARY LINE 0 E ACONG SAID 60UN
i4.81 FEET: SOUTH 51’22’00” WEST f18.00 FEET; 10.00 FEET: SOUTH 60’44’00” WEST 295.00 FEET; i3.00 FEET; SOUTH 21’11’00” WEST 214.00 FEET; 9.00 FEET: NORTH 89’45’00” WEST 186.00 FEET; 12.00 FEET: NORTH 72’30’00” WEST 187.00 FEET; 11.00 FEET: NORTH 51°53’OO” WEST 63.00 FEET; 13.00 FEET: NORTH 89’42’00” WEST 218.00 FEET; . 16.00 FEET; NORTH 75’10’00” WEST 113.00 FEET; 1.00 FEET: SOUTH 81°22’OO” WEST 57.00 FEET: IS.00 FEET: NORTH 8Z”OO’OO” WEST 114.00 FEET; 10.00 FEET; SOUTH 01’00’00” EAST 36.00 FEET: 8.00 FEET: SOUTH 28°00’OO” EAST 35.00 FEET:
18.00 FEET; SOUTH 79’35’00” WEST 155.00 FEET;
‘0.00 FEET; NORTH 74’30’00” WEST 86.00 FEET:
Il.00 FEET; NORTH ll"lO'OO" EAST 110.00 FEET; 18.00 FEET; NORTH 85*00’00”‘WEST 71.00 FEET; 13.00 FEET; SOUTH 10°45’OO” EAST 53.00 FEET; 16.00 FEET; SOUTH 5S030’00” WEST 52.00 FEET:
i8.00 FEET; SOUTH 55°10’OO” WEST 167.00 FEET;
1.00 FEET; NORTH 83'56'00" WEST 117.00 FEET:
I.00 FEET; NORTH 79’SO’OO” WEST 147.00 FEET; 10.00 FEET; NORTH 68’56’02” WEST 346.00 FEET; ‘4.03 FEET; NORTH 84°00’00” WEST 124aOO FEET; 17.00 FEET: NORTH 83'OO'O0" WEST 123.73 FEET : SAID RECORD OF SURVEY MAP: IAR7 LINE, THE FOLLOWING COURSES:
NORTH 32.17’46” WEST 561.66 FEET: NORTH 69’15’21” WEST 228.23 FEET: NORTH 00’43’21” WEST 788.21 FEET; NORTH 00’30’45” EAST 1357.73 FEET: SOUTH 89’08’32 EAST 1358.19 FEET; NORTH 23°18’51” EAST 156.92 FEET; , SOUTH 83’50’41” EAST 182.99 FEET; NORTH 63’51’06” EAST 118.55 FEET; NORTH 46’13’35” EAST 66.99 FEET; NORTH 21’20’05” EAST 79.07 FEET: NORTH 14°41’15” WEST 271.95 FEET; NORTH 26’25’20” WEST 112.93 FEET; NORTH 44°11’08” WEST 189.02 FEET; NORTH 36’54’21” WEST 80.99 FEET;
NORTH 17’22’08” WEST 96.53 FEET; NORTH 07”57’57” WEST 108.47 FEET: NORTH 03’51’41” EAST 180.95 FEET; NORTH 35’35’33” WEST 142.04 FEET:
NORTH 00’34’18” EAST 2716.14 FEET; SOUTH 86’58’38” EAST 1318.67 FEET; NORTH Ol”49’19” WEST 331.07 FEET; SOUTH 86’57’12” EAST 660.57 FEET:
SOUTH 01O36’47” EAST 330.69 FEET: SOUTH OO”06’50” WEST 1340.75 FEET;
SOUTH 87’30’08” EAST 662.65 FEET; SOUTH 87’32’14” EAST 662.56 FEET;
EXHIBIT “A” - Page 1 of 4
. ._ 16%
NORTH 00"12'O9" WEST 1328.52 FEET: SOUTH 86'58'17" EAST 659.12 FEET;
NORTH OO”41’54” WEST 2434.07 FEET; SOUTH 89'48'30" EAST 1370.33 FEET;
SOUTH 00'33'25" WEST 2491.10 FEET: SOUTH 00'42'22" EAST 2294.99 FEET; SOUTH 89*19’14” EAST 1334.44 FEET: SOUTH OO"21'21" EAST 328.99 FEET; SOUTH 89’16’26” EAST 252.98 FEET: SOUTH OO”43’19” WEST 392.93 FEET; SOUTH 89’16’42” EAST 299.95 FEET: SOUTH 25'48'10" EAST 163.03 FEET; SOUTH 44'39'44" WEST 109.07 FEET: SOUTH 40'51'44" WEST 501.68 FEET; SOUTH 38°15’14” WEST 136.45 FEET: SOUTH 08’46’19” WEST 168.00 FEET; SOUTH 24’07’12” WEST 174.68 FEET: SOUTH 15’13’16’: EAST 128.95 FEET: SOUTH 48O19'47" EAST 507.55 FEET; SOUTH 24’29’17” EAST 825.89 FEET; NORTH 88"48'10" WEST 770.87 FEET: NORTH 00’22’48” WEST 658.36 FEET;
NORTH 88”55’25” WEST 1321.10 FEET; AN0 SOUTH 00”42’22” EAST 653.66
FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM ALL OF CITY OF CARLSEAD TRACT 85-35, AVIARA PHASE - UNIT “A” IN THE CITY OF CARLSEAD COUNTY OF SAN OIEGO STATE OF dALIFORNIA ACCORDING TO MAP THEREOF’NO 12409 FILED IN TliE OFFICE OF
THE COUNTY’RECORDER OF SAN OIEGO COUNTY’JUNE 29, 1989:
ALSO EXCEPTING THEREFROM ALL OF CITY OF CARLSEAO TRACT 85-35, AVIARA
PHASE 1 - UNIT “8” IN THE CITY OF CARLSEAD, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12410 FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAN OIEGO COUNTY JUNE 29, 1989;
ALSO EXCEPTING THEREFROM ALL OF CITY OF CARLSEAO TRACT 85-35, AVIARA
PHASE 1 UNIT “C”, IN THE CARLSBAO, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12411, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN OIEGO COUNT7 JUNE 29, 1989;
ALSO EXCEPTING THEREFROM ALL OF CITY OF CARLSBAD TRACT 85-35, AVtARA PHASE I - UNIT “O”, IN THE CITY OF CARLSEAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12412, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN OIEGO COUNTY JUNE 29, 1989;
ALSO EXCEPTING THEREFROM ALL OF CITY OF CARLSBAD TRACT 85-35 PHASE
- UNIT “E” IN THE CITY OF CARLSBAO COUNTY OF SAN OIEGO STATE OF CALIFORNIA ACCORDING To MAP THEREOF’NO 12413 FILED IN THE OFFICE OF THE COUNTY’RECORDER OF SAN OIEGO COUNTY; JUNE 29, 1989:
ALSO EXCEPTING THEREFROM THAT PORTION OF SECTION 22, TOWNSHIP 12 SOUTH RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAO, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF AS SHOWN ON RECORO OF SURVEY NO. 10774, RECOROED OCTOBER 30, 1986 AS FILE NO. 86-494180, BEING MORE PARTICULARLY
DESCRIBE0 AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 22: THENCE ALONG _ THE EASTERLY LINE OF SAID SECTION 22, NORTH 00’33’25” EAST, 1634.46 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID EASTERLY LINE. SOUTH 89’46’56” WEST, 678.27 FEET: THENCE SOUTH 44°18’06” WEST, 124.45 FEET: THENCE SOUTH 89’18’06” WEST, 566.00 FEET: THENCE NORTH 19’52’40” EAST, 92.87 FEET: THENCE NORTH 4S”10’21” WEST, 54.44 FEET: THENCE NORTH 13°28’04” EAST, 60.92 FEET: THENCE NORTH OO”22’40” WEST, 320.06 FEET; THENCE NORTH 12°18’08” WEST, 92.73 FEET; THENCE NORTH
50’59’09” EAST, 201.72 FEET: THENCE NORTH 14°03’08” WEST, 251.61 FEET TO A POINT ON THE NORTHERLY LINE OF SAIO RECORD OF SURVEY NO. 10774:
THENCE SOUTH 89’28’30” EAST, 322.59 FEET; THENCE LEAVING SAID
EXHIBIT “A” - Page 2 of 4
NORTHERLY’LINE :-
Frr J ! ,TH OO”43’00” EAST, 121. ‘d e-’ ET: THENCE SOUTH 49O41’33’* WEST, 50.16 FEET: THENCE SOUTH 10°13’08” WEST, 45.76 FEET;
THENCE SOUTH 34’30’47” EAST, 34.62 FEET;
25.68 FEET; THENCE SOUTH 19’35’24” WEST,
THENCE SOUTH 62’22’17” EAST,
109.22 FEET; THENCE NORTH 75O32’32” EAST, 110.78 FEET; THENCE NORTH 35°50’10” EAST, 100.96 FEET;
THENCE SOUTH 82’53’54” EAST, 31.50 FEET: THENCE NORTH 56’0 1’ 44” EAST,
225.45 FEET; THENCE NORTH 43’54’35” EAST, 93.91 FEET: THENCE NORTH
73” 18’ IS” EAST, 133.63 FEET TO A POINT ON THE NORTHERLY LINE OF SAID RECORD OF SURVEY NO. 10774, THENCE ALONG SAIO NORTHERLY LINE, SOUTH
89”28’30” EAST, 135.92 FEET; THENCE LEAVING SAID NORTHERLY LINE SOUTH 52’45’54” EAST, 325.96 FEET TO A POINT ON THE EASTERLY LINE OF SAID SECTION 22; THENCE ALONG SAIO EASTERLY LINE, SOUTH 00’33’25” WEST, 661.79 FEET TO THE TRUE POINT OF BEGINNING.
ALSO EXCEPTING THEREFROM THOSE PORTIONS OF THE SOUTH ONE HALF OF THE SOUTH ONE HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER AND OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 26,
TOGETHER WITH A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 27, ALL IN TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN OIEGO,
STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAIO SOUTH ONE HALF OF THE SOUTH
ONE HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION
26; THENCE ALONG THE EASTERLY LINE THEREOF, SOUTH 00”21’21” EAST 293.56 FEET TO A POINT ON A NON-TANGENT 1151.00 FOOT RADIUS CURVE,
CONCAVE SOUTHERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 04°10’50” WEST: THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 39’32’20” A DISTANCE OF 794.28 FEET TO THE BEGINNING OF A REVERSE 20.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY, A RAOIAL LINE EEARS SOUTH 43’43’10” EAST; THENCE WESTERLY. ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 87’33’10” A OISTANCE OF 30.56 FEET; THENCE TANGENT TO SAID CURVE, NORTH 46°10’OO” WEST 95.89 FEET TO THE BEGINNING OF A TANGENT 430.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY: THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 09’46’00” A OISTANCE OF 73.30 FEET; THENCE TANGENT TO SAID CURVE NORTH 55’56’00” WEST 416.30 FEET TO THE BEGINNING OF A TANGENT 320.00 FOOT RADIUS CURVE, CONCAVE EASTERLY: THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
55’13’38” A DISTANCE OF 308.45 FEET: THENCE TANGENT TO SAID CURVE,
NORTH 00’42’22” WEST 18.83 FEET TO THE WESTERLY PROLONGATION OF THE
NORTHERLY LINE QUARTER OF THE SAIO NORTHERLY BEGINNING.
OF SAIO SOUTH HALF OF THE SOUTH HALF OF THE SOUTHWEST NORTHWEST QUARTER OF SECTION 26: THENCE TO AN0 ALONG LINE, SOUTH 89’19’14” EAST 1349.44 FEET TO THE POINT OF
PARCEL 8:
LOTS 1 THROUGH 4 INCLUSIVE AND LOTS 6 THROUGH 11 INCLUSIVE OF ClTy OF CARLSBAO TRACT 85-35, AVlARA PHASE 1 - UNIT A, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCOROING TO MAP THEREOF NO. 12409, FILE0 IN THE OFFICE OF THE COUNTY RECOROER OF SAN OIEGO COUNTY JUNE 29.1989.
PARCEL C:
LOT 91 OF GIN OF CARLSBAO TRACT 85-35, AVIARA PHASE 1 - UNIT 8, IN THE 31N OF
CARLSBAO, COUNTY OF SAN OIEGO, STATE OF CALIFORNIA, ACCOROING TO MAP THEREOF
NO. 12410, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN OIEGO COUNTY, JUNE
29, 1989.
EXHIBIT “A” - Page 3 of 4
. - “_
/ ,
I”?7
PARCEL 0:
LOTS 94 THROUGH 100 INCLUSIVE, LOTS 115, 116, 123 THROUGH 127
INCLUSIVE, LOTS 227, 228 AND 229 OF CITY OF CARLSEAD TRACT 85-35,
AVIARA PHASE I UNIT C, IN THE CITY OF CARLSEAD, COUNTY OF SAN OIEGO,
STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12411, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN OIEGO COUNTY, JUNE 29, 1989.
PARCEL E:
LOT 229 AND LOTS 231 THROUGH 303 INCLUSIVE OF Cl-W OF CARLSBAD TRACT 85-35, AVIARA PHASE I - UNIT “D”, IN THE ClM OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12412, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 29,1989.
PARCEL F:
LOTS 304 THROUGH 309 fNCLUSIVE, OF CITY OF CARLSBAD TRACT 85-35, AVIARA PHASE I UNIT “E”, IN THE CITY OF CARLSBAO, COUNTY OF SAN OIEGO, STATE OF CALIFORNIA, ACCOROING TO MAP THEREOF NO. 12413, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN OIEGO COUNTY, JUNE 29, 1989.
JSWLX-*-•MV
EXHIBIT “A” - Page 4 of 4
LEGAL DESCRIPTION OF DAVIDSON PROPERTY
PARCEL 1:
Lots 12 through 83 inclusive, of City of Carlsbad Tract 05-35, Phase I-Unit A, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 12409, filed in the Office of the County Recorder of San Diego County, June 29, 1989.
PARCEL 2:
Lots 310 through 361 inclusive, of City of Carlsbad Tract 85-35, Phase I-Unit E, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 12413, filed in the Office of the County Recorder of San Diego County, June 29, 1989.
EXHIBIT "8" - Page 1 of 1
LEGAL DESCRIPTION OF LYON PROPERTY
Lots 92 and 93 of City of Carlsbad Tract 85-35, Aviara Phase I-Unit C, in the City of Carlsbad,. County of San Diego, State of California, according to Map thereof No. 12411, filed in the Office of the County Recorder of San Diego County, June 29, 1989.
J1~:ZXS-D-?.LOL:02lS90 EXHIBIT "C" - Page 1 of 1
168 .-I
LEGAL DESCRIPTION OF RDC PROPERTY
PARCEL 1:
Lots 101 through 114 inclusive, and Lots 117 through 122 inclusive, of City of Carlsbad Tract 85-35, Phase I-Unit C, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 12411, filed in the Office of the County Recorder of San Diego County, June 29, 1989.
PARCEL 2:
Lots 128 through 226 inclusive, of City of Carlsbad Tract 85-35, Phase I-Unit C, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 12411, filed in the Office of the County Recorder of San Diego County, June 29, 1989.
JSM:UU-B-?.LCL:OllS90
.
EXHIBIT "D" - Page 1 of 1
1681-
LEGAL DESCRIPTION OF A-M PROPERTY
Lot 230 of City of Carlsbad Tract 85-35, Phase I- Unit D, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 12412, filed in the Office of the County Recorder of San Diego County, June 29, 1989.
JSC1:tXS-S-l.LGL:021S90 EXHIBIT "E" - Page I of 1
168.1
LEGAL DESCRIPTION OF BRAMALEA PROPERTY
Lot 90 of City of Carlsbad Tract 85-35, Aviara Phase I- Unit 8, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 12410, filed in the Office of the County Recorder of San Diego County, June 29, 1989.
EXHIBIT “Fw - Page 1 of 1
-~<TlCOR TITLE INSURANCE I / I
- .’ 1.683
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
PARCEL 1:
LOTS 6, 7, 8 AND 9 OF CITY OF CARLSBAD TRACT NO. 85-35 AVIARA PHASE l-UNIT A, IN THE CITY OF CARLSBAD, COUNTY OF SAN OIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12409, FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY JUNE 29, 1989.
PARCEL 2:
AN EASEMENT FOR GENERAL UTILITY AND ACCESS PURPOSES OVER, UNDER, ALONG AND ACROSS, ALL THAT PORTION OF SECTIONS 26, 27 AND 34 OF TOWNSHIP 12
SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAO,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT
THEREOF, AS SHOWN ON RECORD OF SURVEY MAP NO. 10774, RECORDED OCTOBER 30, 1986, AS FILE NO. 86-494180, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT AN ANGLE POINT IN THE BOUNDARY LINE OF SAID RECORD OF SURVEY MAP NO. 10774, DEFINED AS THE INTERSECTION OF THE LINES BEARING NORTH 89’19’14” WEST AND NORTH 00’42’22” WEST; THENCE LEAVING SAID BOUNDARY LINE SOUTH 31’09’02” WEST 1614.40 FEET TO A POINT ON THE ARC OF A 1001.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY, A RADIAL TO SAID POINT BEARS SOUTH 23’50’22” WEST; THENCE SOUTH 32°00’02” WEST 197.10
FEET; THENCE SOUTH 15°00’OO” WEST 243.00 FEET; THENCE SOUTH il”54’00”
WEST 366.00 FEET; THENCE SOUTH 72’30’21” WEST 207.82 FEET; THENCE
SOUTH Ol”17’OO” EAST 298.93 FEET; THENCE SOUTH 88’43’00” WEST 265.00 FEET: THENCE NORTH 11°26’OO” WEST 205.00 FEET; THENCE NORTH 44°20’OO” WEST 70.34 FEET; THENCE SOUTH 88’01’16” WEST 60.75 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING A POINT ON THE ARC-OF A 296.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, A RADIAL TO SAID POINT BEARS SOUTH 58°00’59” EAST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 05’53’56” A DISTANCE OF 30.47 FEET; THENCE SOUTH 37’52’56” WEST 107.86 FEET TO THE BEGINNING OF A TANGENT 484.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY
AND SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
42’20’56” A DISTANCE OF 357.74 FEET; THENCE SOUTH 04°28’OO” EAST 78.63
FEET TO THE BEGINNING OF A TANGENT 184.00 FOOT RADIUS CURVE, CONCAVE
EASTERLY; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE
OF 34°56’OO” A DISTANCE OF 112.18 FEET; THENCE SOUTH 39’24’00” EAST 41.79 FEET TO THE BEGINNING OF A TANGENT 25.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 07’12’08” A DISTANCE OF 3.14 FEET TO A POINT OF CUSP WITH A 50.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, A RADIAL TO SAID POINT BEARS SOUTH 20’29’54” EAST; THENCE WESTERLY
AND SOUTHWESTERLY ALONG THE ARC OF SAID 50.00 FOOT CURVE THROUGH A CENTRAL ANGLE OF 37’48’12” A DISTANCE OF 32.99 FEET TO A POINT OF CUSP WITH A 25.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, A RADIAL TO SAID POINT BEARS NORTH 58’18’06” WEST; THENCE NORTHERLY ALONG THE ARC OF SAID 25.00 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 07’12’08” A DISTANCE OF 3.14 FEET; THENCE NORTH 39’24’00” WEST 41.79 FEET TO THE BEGINNING OF A TANGENT 216.00 FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE
AMENDED 1170692 PAGE 10
EXHIBIT ” B”
Page 1 of 3
ra .f TICOR TITF INSURANCE- IfiF(d 1
OF 34O56'DD" A DISTANCE OF 131.70 FEET; THENCE NORTH 04'28'00" WEST
78.63 FEET TO THE BEGINNING OF A TANGENT 516.00 FOOT RADIUS CURVE,
CONCAVE EASTERLY; THENCE NORTHERLY AND NORTHEASTERLY ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 27’52’52” A DISTANCE OF 251.09 FEET TO THE BEGINNING OF A REVERSE 30.00 FOOT RADIUS CURVE, CONCAVE WESTERLY, A RADIAL TO SAID POINT BEARS SOUTH 66’35’08” EAST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 85’16’21” A DISTANCE OF 44.65 FEET; THENCE NORTH.28’08’31” EAST 30.00 FEET RADIALLY TO A POINT ON THE ARC OF A 30.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 85’16’21” A DISTANCE OF 44.65 FEET TO THE
BEGINNING OF A REVERSE 516.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, A RADIAL TO SAID POINT BEARS SOUTH 57°07’50” EAST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF OS”OO’46” A DISTANCE OF 45.14 FEET; THENCE NORTH 37’52’56” EAST
107.86 FEET TO THE BEGINNING OF A TANGENT 264.00 FOOT RADIUS CURVE,
CONCAVE NORTHERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 01’04’44” A DISTANCE OF 4.97 FEET; THENCE LEAVING THE ARC OF SAID CURVE NORTH 88’01’16” EAST 39.71 FEET TO THE TRUE POINT OF BEGINNING.
NOTE : SAID EASEMENT LIES WITHIN LOT 5 OF CITY OF CARLSBAD TRACT NO. 85-35 AVIARA PHASE l-UNIT A, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12409, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 29, 1989.
EXHI.BIT “B” Pncze 2 of 7
. :, * .,_ . e ..’ 168-5.
2?.C : de 11,‘:5/39 3RC2493.0015.0.0
Planning Area 9
LEGAL DESCRIPTION
PARCEL 3
A perpetual, non-exclusive easement and right of way on, over, across and along that certain real property (the "Connecting Property") described in Exhibit “A-l” attached hereto, for the purpose of providing access between Lot 6 and Lot 7 of Parcel 1 described above (the "Conveyed Property") , together with the right to use all street improvements at any time constructed on the Connecting Pro- perty. Such easement and right of way shall be for the use and benefit of the owner of. the Conveyed Property ("Grantee"), its successors, assigns, invitees, licensees, agents and representatives, and shall be used in common with the owner of the Connecting Property ("Grantor"), its successors, assigns, invitees, licensees, agents and representatives. Grantor shall cause all street improvements located on the Connecting Property to be maintained in a safe condition and to be kept in good repair and shall periodically deliver to Grantee a written notice setting forth, with reasonable par- ticularity, the maintenance and repair expenses incurred by Grantor during the period covered by such notice. Within thirty (30) days after Grantee's receipt of each such notice, Grantee shall pay to Grantor one-half (+) of the costs and expenses set forth in such notice. Prior to selling any por- tions of the Conveyed Property to a member of the home-buying public, Grantee shall transfer to the Individual Homeowner's Association(s) (as defined in that certain Master Declaration of Covenants, Conditions and Restrictions for Aviara recorded July 5, 1989 as Instrument No. 89-354659 in the Office of the County Recorder of San Diego County, California) responsible for the governing of the Conveyed Property, and cause to be assumed by such homeowners association(s), the foregoing obli- gation to pay one-half of the maintenance and repair expenses for the aforesaid street improvements. Upon Grantor's sale of the Connecting Property, Grantor shall transfer to the purchaser thereof, and cause to be assumed by such purchaser, the obligations of Grantor set forth above. The rights and obligations set forth above with respect to this Parcel 3 shall benefit and burden the Conveyed Property and the Con- necting Property, respectively, and shall inure to the bene- fit of and bind the successive owners of the Conveyed Pro- perty and the Connecting Property, respectively. The fore- going easement and right of way described in this Parcel 3 shall automatically terminate at such time as the Connecting Property is dedicated for public use and such dedication is accepted by the City of Carlsbad.
Exhibit oB" Page 3 of 3
.- , ; * -- I . - - i-3 ,E,ZZ
a.
’ l .\t
I ’
l-486 =, j-1 - --
lo/Or/l989 (DA) 300,Il;SV pa9ac
LEG& DESCRIPTION
Acct88 -malo! (cGMStrr.g Property)
Baing a portion of lot 5 Of City of Carlabad Tract 65-35, Phau I Unit A, in the City of Carlabad, County of San Diego, Stat8 of California, according to map tharaof No. 12409, filad in tha offlea of t&a County Racordaz of said County,
Juno 29, 1969, fflo no. dsaGriba6 a8 follovmt 89-3458SO bofng adsa particularly
Baginning rt the Northvaat COmar OZ raid lot 51 thm~a along War nor+A linm of aaid lot 5, North 86*01'16' Hut, 54.66 Paat to a point on tha l aatarly 11~ of Finch LAM a8 shown on l aid Hap No. 12409 said point being on tha arc og 8 302.00 foot radius CUNO concava to tha Norlhvaat, a radial line to mid point beara South 58*46'47. tart8 thanca SOUthva8trrly
along aaid l aatarly lina and the 8x0 of said curv8 t&rough a cantrd angla of 06'39'43 " a diatanu OL 33*&l faatt thanca south 37°Sa0S6* Wut, 107.66 fut, to the baqinning ot 8 tangent 47a.00 foot radiw ~a conawo to th+ ta&t thanca Soutlluly 8lOng tha arc of mid curva through a cmtral anqlo of 41*10'$6" l diatanca of 353.30 faatt thanco South 04*28*OOa ta8+, 70.43 fast, to thm b4qiamirrg ot a tangant 178.00 foot radius cuiva concwa to tha tr8t; thence Joutharly along the aro of mid curve through a contra1 angla
0i 17*2S0441a a distance Of MA3 f8atr to thy beginning OC a non-tanqurt 43.00 foot radius aunt8 concave to the Southvaat, 8 rrdirl lina to said point baata North 0Sa17033m t8rt: thence Southmmtuly along t&m are ol raid au~a tnrouqh a contra1 angla oL 61°48e24a a diatuao of 46.39 Cast: thanca South 22*54'03m Eut, 61.13 f8ot to 8 point on tha Northerly right of way of Kfrrgtfahar Place 8a ahown 8nd dadicatad on s8id n8p No. It408 said point bainq on tha l ra of a SO.00 foot radiw CUrVO CO-Y. t0 tb8 sOUt&888t, a radi81 lin. to mid point boara Nozth 11*01'59 0 Uutt thanca Southvamtarly along said ~0-1~ right of way and the aro of raid curve
th~~uqh a cur-al -10 of 70e2~000* a dirtarm of 61.49 f88t to 8 pia+ on t&a Uaatuly lina ol raid lot S and a point of
amp uifh l 20.00 foot r8dfua cum0 concave to tha Sauthumt,
l radial line to said point baa?8 louth 81L29’S8a &a~; tham mmtariy along th* Wutuly 111~ of said lot s 8nd the are of raid curY8 through a cantr81 angle of 64'26'37' l diatmca ot 21.30 fa&t tha- Narth 55'56'3S" weat, 47.28 feat, to the bogilming of a t8ng-t 43.00 foot r8diU8 cunm aanuva to the #OXthU@tt thanca NoffhVO@t8rly along tha aru ot said CUN~ through 8 contra1 l ngla of 51.28'3s" l dietmU ot 36.63 fart1 th8IiCr HOXth 04.28'00" Waat , 34.67 faotr thanu North OS'S9'10" W88t, 71.05 faott en-0 North 04*2.'00" Wut, 78.63 f-t, to t&r boqinninq of
a tanqant 522.00 foot radiU8 curw conuva to th8 Last I
thmnoe Nottharly along the are of said CUICY~ through a cantal anqla og 42'20'56 l a diat8nce ol 38S.62 faatr thanco North 37°S2's6.Y Rarrt, 107.86 fut to the PoIlm O? 88GINMfMG.
EXHIBIT "A-l*
VINCENT F. BIONDO, JR.
CITY ATTORNEY
RONALD R. BALL
CITY OF CARLSBAD
1200 CARLSBAD VILLAGE DRIVE
CARLSBAD, CALIFORNIA 92008-1989
(619) 434-2891
ASSISTANT CITY ATTORNEY
July 31, 1990
Julie S. Mebane Shannahan, Smith & Stipanov 7855 Ivanhoe Avenue, Suite 420 La Jolla, California 92037
RE: AVIARAASSUMPTION AGREEMENT DATEDJUNE 20, 1990 BY AND BETWEEN AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP AND AVIARA 9 INC.
Dear Ms. Mebane:
This letter is to advise you that we will accept the above referenced assumption agreement even though it does not have my signature. In the future, please be kind enough to send them to me for my signature and review prior to recording it with the county recorder.
Thank you for your courtesy and cooperation in this regard.
RONALD R. BALL Assistant City Attorney
c: City Clerk J