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HomeMy WebLinkAbout; San Diego Gas and Electric Co; 2012-0620225; Condemnation;;?JO -0/ o--'-1~ ...,~ECORDING REQUESTED BY Cl1Y OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, CA 92008 ~&! iof ~ WHEN RECORDED MAIL TO ~ NAME CITY CLERK ~ MAILING 1200 Carlsbad Village Drive \WT ADDRESS CITY, STATE Carlsbad, CA ZIP CODE 92008 DOC tt 201 2-0620225 I 111111111111111111111111111111111111111111111111111111111111111111111 OCT 10, 2012 9:18 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 0.00 DC: NA PAGES: 10 llllllllllllllllllil SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE TIT L E(S) FINAL ORDER OF CONDEMNATION PORTIONS OF ASSESSOR PARCEL NO.: 210-010-42 So~&is-Ls-201 ~Plus 1. Ronald R. Ball, City Attorney Ronald C. Kemp, Assistant City Attorney 2 California State Bar No. 170639 Office of the City Attorney 3 1200 Carlsbad Village Drive Carlsbad, California 92008 4 Telephone: (760) 434-2891 Facsimile: (760) 434-8367 5 E-Mail: ronald.kemp@carlsbadca.gov 6 Attorneys for Plaintiff . City of Carlsbad, a municipal corporation Exempt from filing fees per Gov't Code§ 6103 7 8 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN DIEGO, NORTH COUNTY DIVISION 10 CITY OF CARLSBAD, a municipal corporation, 11 12 v. Plaintiff, Case No. 37"'2012-00055512-CU-EI-NC Hon. Earl H. Maas, III Department N-28 FINAL ORDER OF CONDEMNATION 13 PORTIONS OF ASSESSOR PARCEL SAN DIEGO GAS & ELECTRIC COMP ANY, NO.: 210-010-42 14 a California corporation; All Persons Unknown Ctaiming an Interest in the Property Described i 15 the Complaint; and DOES I through 10, 16 17 18 inclusive, Defendants. Plaintiff City of Carlsbad and Defendant San Diego Gas and Electric Company, a 19 California corporation, having previously stipulated to a Stipulated Judgment iii Condemnation 20 ("Judgment"), and having waived a Statement of Decision; Judgment having been entered; no 21 other party or person having or claiming to have an interest in the property being acquired or the 22 compensation to be paid for the property;·and good cause appearing: 23 NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED 24 AS FOLLOWS: 25 1. The property and property interests described in the attached Exhibit "A" 26 ("Property") is hereby condemned to the City for the construction and operation of the Agua 27 Hedionda Sewer Lift Station and Force Mail Replacement for the Vista/Carlsbad Sewer System 28 Project, and for public uses. 1 1 2. The use for which the Property is sought to be condemned is for the Project, and 2 for public uses. 3 3. The San Diego Gas and Electric Company has been paid the sum of Sixty-Three 4 Thousand One Hundred Four Dollars and No/100 ($63,104.00), as full payment of just 5 compensation pursuant to the Judgment. 6 4. A certified copy of this Final Order of Condemnation shall be recorded in the 7 Office of the County Recorder of the County of San Diego, State of California, and thereupon 8 the easement in the Property shall vest in the City. 9 10 IT IS SO ORDERED. 11 fl 12 Dated: y-C,-(~2012 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 SUPERIOR COURT JUDC-t EARL MMS RTh.TAT nDTYRD (YR rn1,.rrn::;l\t11-.TAT'Tnl\T EXHIBIT A to FINAL ORDER OF CONDEMNATION "Grant Deed for General Underground Utility Easement" RECORDING REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Ddve Carlsbad, CA 92008 MAIL TAX EXEMPT STATEMENTS TO: EXEMPT The undersigned grantor(s) declare(s): SPACE ABOVE THIS LINE FOR RECORDER'S USE Assessor's Parcel No.: 210-010--42 Documentary transfer tax is $0.00 ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and Encumbrances remaining attime of sale. ) Unincorporated area: (x) City of Carlsbad, and ----------Project ID: CP 3492 ----------Project Name: Agua Hedionda Sewer Lift Station and Force Main Replacemen1 Project GRANT DEED OF GENERAL UNDERGROUND UTILITY EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged. The San Diego Gas & Electric Company, a California corporation (GRANTOR) th~ owner of real property described herein located in the.City of Carlsbad, San Diego County, California h~reby GRANTS to City of Carlsbad, a Municipal Corporation (GRANTEE) the following described real property in the City of Carlsbad, County of San Diego, State of California: An easement for General Utilities and appurtenances thereto for the purposes of construction, operation, repair, reconstruction and all activities necessary to construct, reconstruct, operate, maintain and repair facilities designed for the general purpose of collecting, and transporting all wastewater, potable water or recycled water flowing into said facilities. Said facility may include pipelines, and sub-surface structures designed to control the flow, and all facilities and structures associated with said use which is designed to facilitate the use and protect the facility from natural and other forms of damage. However, the easement area shall at all times be free and clear from any structure that impedes vehicular access, to, from, along and within the Easement Area. All facilities constructed within the Easement Area shall be designed for HS-20 loading as defined by the American Association of State Highway and Transportation Officials (AASHTO). Loads greater than HS-20 loading shall require approval prior to entering the Easement Area. The use shall also include a means of access to and from said facility for the purpose of constructing, operating; repairing, maintaining, inspecting and reconstructing said facility. The underground easement described herein shall be exclusive to the Grantee, however, the Grantee has the right to grant a co-interest in the easement to the City of Vista. Granter herein maintains the right to construct facilities which cross the easement area while maintaining a minimum of 18" vertical clearance between facilities. Granter also agrees that no buildings and/or structures will be erected, walls constructed, nor trees planted, nor may the easement be used by any other person or entity, including other utilities, whether public or private, for uses incompatible with the uses described herein without the express written approval of the Grantee which shall not to be unreasonably withheld. Grantee herein agrees that the general underground utility easement shall be subject to Grantor's existing and future utility facilities; provided, however, that such future utility facilities shall not be incompatible with the Gantee's exercise of its rights under the easement granted hereunder. Grantor, in its reasonable discretion, retains the right to review and approve of specific locations of Grantee's facilities to avoid conflict with Grantor's existing and future facilities. In the event that the future use of Grantee's easement by Grantee shall at any time necessitate a rearrangement, relocation or reconstruction of Grantor's facilities, the same shall be performed at the cost of Grantee. Except in the event of an emergency, Grantee shall provide twenty (20) business days notice to Grantor prior to constructing, reconstructing, operating, maintaining or repairing Grantee's facilities. Reserving to Grantor, among the other rights set forth herein, the unrestrained right of ingress and egress, including vehicular access, to, from, along and within the Easement Area by a practical route or routes, in, upon, over and across the Property to access the real property owned by Grantor more particularly described in Exhibit "A" attached hereto and made a part hereof. The easement granted herein shall be located within and upon the properties more particularly described as Parcel "A" in Exhibit "A" and Exhibit "B" attached hereto and by this reference made a part hereof. DATED _________ _ OWNER: By: By: (Sign Here) (NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY OWNER(S) MUST BE ATTACHED.) NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRETARY OR ASSISTANT SECRETARY MUST SIGN FOR CORPORATE EXECUTIONS OF THIS DOCUMENT. -----(P-r-in_t_N_a_m_e_H_e_r_e_) ______ AL TERNA TEL y A TRUE COPY OF A RESOLUTION OF THE BOARD OF DIRECTORS THAT IS SIGNED BY THE SECRETARY OR ASSISTANT SECRETARY OF THE (Title) (Sign Here) (Print Name Here) (Title) CORPORATION, UNDER CORPORATE SEAL SPECIFICALLY EMPOWERING THE INDIVIDUAL SIGNED IN BEHALF OF THE CORPORATION WILL SHOW SUFFICIENT AUTHORITY OF SAID INDIVIDUAL TO ACT IN THIS MATTER. IT IS RECOMMENDED THAT; PRIOR TO THE EXECUTION OF THIS EASEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of _____________ _ } On _______ _ before me, Date Here Insert Name and Title of the Officer personally appeared----------------:=:-=-=--=-;--------------Name<s> of Signer(s) Place Notary S!i!al Above who proved to me on the basis of sa~isfactory evidence to· be the person(s) whose name(s) is/are subscribed to the within in·strument 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. I certify under PENALTY OF PERJURY under the laws . of the State of Califomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature~----------~------Signat.ura of Notary Public OPTIONAL------------- Though the information below is not required by law, it may prove valuable .to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description. of Attached . Document Title or Type of Oocument: -------------------------------- Document Oate: ____________________ Number of Pages: ________ _ Signer(s) Other Than Named Above: Capaclty(les) Claimed by Signer(s) Signer's ·Name: _____________ _ 0 Individual D Corporate Officer -Title(s): D Partner -D Limited D General D Attorney in Fact · D Trustee D Guardian or Conservator o Other: ________ _ Signer Is Representing: ____ _ RIGHTTHUMBPRINT OF SIGNER Top of ihumb here Signer's Name: _________ .c._ ____ _ 0 Individual · D Corporate Officer-Title(s): ________ _ D Partner -D Limited □ General D Attorney in Fact D Trustee D Guardian or Conservator □Other: _________ --'- Signer Is Representing: ____ _ RIGHT THUMBPRINT OF SIGNER • Top of thuinb here, ©2007 National Notary Association• 9350 De Soto Ave .• PO. Box 2402 • Chatsworth, CA 91313-2402 ° www.NationalNotary.org ·I1em #5907 Reorder: Call Toll-Free 1-800-B76-6827 EXHIBIT 1A' THAT PORTION OF PARCEL 7 OF CERTIFICATE OF COMPLIANCE RECORDED OCTOBER 30, 2001 ·As .DOCUMENT NO, 2001-0789072 OF OFFICIAL RECORDS, AS SHOWN ON RECORD OF SURVEY (ROS) 17350, LYING WITHIN LOT 'H' OF RANCHO AGUA HEDIONDA IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. ACCORDING TO THE PARTITION MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: PARCEL A: COMMENCING AT THE INTERSECTION OF THE EASTERLY LINE OF THE SAN DIEGO NORTHERN RAILROAD (FORMERLY KNOWN AS ATCHISON, TOPEKA AND SANTA FE RAILWAY) AND A POINT WHICH BEARS SOUTH 67°29'44" WEST (RECORD SOUTH 67°29'48" WEST PER PARCEL MAP 19380) FROM THE NORTHWEST CORNER OF PARCEL 5 OF CANNON COURT (MS 99-16), IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARCEL MAP THEREOF NO .. 19380, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY DECEMBER 2, 2003; Tl ICNCC:: NOl1TH 67°29'44" EAST, 5.25 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID LINE NORTI I 67°29'44" CAST, 30.00 FEF.T; THFNGF LEAVING SAID LINE NORTH 22°30'16" WEST, 889.9:> FFFT TO THF NORTHERLY LINE OF SAID PARCEL 7; THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL 7 SOUTH 62°25'1 0" WEST (RECORD SOUTH 62°25'13" WEST PER ROS 17350), 30.12 FEET; THENCE LEAVING SAID LINE SOUTH 22°30'16" EAST, 887.26 FEET TO THE TRUE POINT OF BEGINNING. TOGETHER WITH THAT PORTION OF SAID PARCEL 7 DESCRIBED AS FOLLOWS: COMMENCING AT THE AFOREMENTIONED TRUE POINT OF BEGINNING; THENCE NORTH 67°29'44" EAST (RECORD SOUTH 67°29'48" WEST PER PARCEL MAP 19380), 54.75 FEET TO THE NORTHWEST CORNER OF SAID PARCEL 5; THENCE ALONG THE WESTERLY LINE OF SAID PARCEL SOUTH 22°30'16" EAST, 400.32 FEET TO A POINT OF INTERSECTION WITH THE WESTERLY LINE OF AVENIDA ENCINAS, SAID POINT BEING ON A NON-TANGENT 1,490.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 49°40'42" EAST; THENCE NORTHWESTERLY ALONG THE WESTERLY LINE OF AVENI DA ENCINAS AND THE ARC OF SAID CURVE 27.64 FEET THROUGH A CENTRAL ANGLE OF 1°03'46"; THENCE NORTH 42°23'04" WEST (RECORD NORTH 41°23'00" WEST PER PARCEL MAP 19380), 40.15 FEET TO THE BEGINNING OF A TANGENT 712.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE 148.10 .FEET THROUGH A CENTRAL ANGLE OF 11°55104" TO A POINT WHICH BEARS SOUTH 22"30'16" EAST FROM THE POINT OF COMMENCEMENT; THENCE LEAVING THE WESTERLY LINE OF AVENIDA ENCINAS AND THE ARC OF SAID CURVE NORTH 22°30'16" WEST, 192.00 FEET TO THE POINT OF COMMENCEMENT. CONTAINING 1.004 ACRES, MORE OR LESS. EXHIBIT "B'j EASEMENT PLAT LEGAL DESCRIPTION: PORTION OF PARCEL 7 OF CERTIFICATE OF COMPLIANCE RECORDED OCTOBER 30, 2001 AS DOCUMENT NO. 2001-0789072 OF OFFICIAL RECORDS, AS SHOWN ON RECORD OF SURVEY 17350, LYING WITHIN LOT 'H' OF RANCHO AGUA HEDIONDA IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE PARTITION MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF S~D COUNTY OF SAN DIEGO, NOVEMBER 16, 1896. ASSESSOR'S NO.: 210-010-42 BASIS OF BEARINGS: THE BASIS OF BEARINGS FOR THIS DRAWING IS THE CALIFORNIA COORDINATE SYSTEM 1983, ZONE 6 BETWEEN POINTS 057 AND 141 AS SHOWN ON RECORD OF SURVEY: 17271. I.E. N40'39'21 "W OWNER: SAN DIEGO GAS & ELECTRIC COMPANY 8335 CENTURY PARK COURT, CP 11D SAN DIEGO, CA 92123 SAN OIEGUITO ENGINEERING, INC. 4407 MANCHESTER, SUITE 105 ENCINITAS, CA. 92024 . PHONE: (760) 753-5525 CIVIL ENGINEERING • PLANNING LANO SURVEYING PACIFIC OCEAN .J\:data\C;v.i JD\5370 A ➔LS\SURVEY\Drowings\enser,ent plnts\S370esl"lt_sswr_sdge plat rev02.dwg SHEET 1 of 2 VICINITY MAP NO SCALE ________ ,1./'z.1 I 201, , PLS 7442 DATE PW5370 EXHIBIT "Bu EASEMENT PLAT DATA TABLES RADIUS LENGTH C1 1490.00' 27.64' SCALE: 1" .. 200' --- -0 200' . 400' . [27~ INDICATES EASEMENT AREA P.O.C. POINT OF COMMENCEMENT T.P.0.8. TRUE POINT OF BEGINNING SAN DIEGUITO ENGINEERING, INC. 4407 MANCHESTER, SUITE 105 · ENCINITAS, CA. 92024 PHONE: (760) 753-5525 CIVIL ENGINEERING • PLANNING LAND SURVEYING C2 L1 J \ic!nto\C vii 3D\537G AHLS\SURVEY\DrClwlngs\eosenent pl<>ts\5370es,it_sswr_sdge' plClt r2v02.dwg 712.00' 148.10' BEARING N 41 "23'04"W SHEET 2 of 2 DELTA 1 ·03'45" 11 '55'04" LENGTH 40.15' " , ... I I f • C PLEASE COMPLETE THIS INFORMATION. RECORDING REQUESTED BY: CITY OF CARLSBAD AND WHEN RECORDED MAIL TO: Office of the City Attorney City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 CO: # 201 2-0422673 I 1111111111111111111111111111111 lllll lllll lllll 111111111111111 llll 1111 JUL 20, 2012 11 :10 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Oronenburg, Jr., COUNTY RECORDER FEES: 0.00 PAGES: 9 1111111111111111111111111111111111111111111111111111111111111111111111111111111111111 THIS SPACE FOR RE ORDERS USE ONLY LIS PENDENS -PORTIONS OF ASSESSOR PARCEL NO 210-010-42 •. ~ 9195 Rec.Form #R25 (Please fill in document title( s) on this line) THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) .. ,....., 1 Ronald R. Ball, City Attorney Ronald C. Kemp, Assistant City Attorney 2 California State Bar No. 170639 Office of the City Attorney 3 1200 Carlsbad Village Drive Carlsbad, California 92008 4 Telephone: (760) 434-2891 Facsimile: (760) 434-8367 Exempt from filing fees per Gov't Code§ 6103 5 E-Mail: ronald.kemp@carlsbadca.gov 6 Attorneys for Plaintiff City of Carlsbad, a municipal corporation 7 8 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN DIEGO, NORTH COUNTY DIVISION 10 CITY OF CARLSBAD, a municipal corporation, 11 12 13 V. Plaintiff, Case No. 37-2012-00055512-CU-EI-NC LISPENDENS PORTIONS OF ASSESSOR PARCEL NO.: 210-010-42 SAN DIEGO GAS & ELECTRIC COMPANY, Dept: 14 a California corporation; All Persons Unknown Claiming an Interest in the Property Described i 15 the Complaint; and DOES 1 through 100, inclusive, Defendants. 16 17 18 Notice is hereby given that CITY OF CARLSBAD, Plaintiff herein, has commenced an 19 action in the above-entitled matter in the Superior Court of the State of California for the County 20 of San Diego against SAN DIEGO GAS & ELECTRIC, Defendant. The purpose of the action is 21 the condemnation and taking by right of eminent domain of all of the real property hereinafter 22 described for the public purpose of the Vista/Carlsbad Sewer System. The real property is 23 situated in the County of San Diego, California and is more particularly described in Exhibit A 24 attached hereto and incorporated herein. 25 Dated: ·-i ( {fo ( I ?---- 26 27 28 RONALD R. BALL, City Attorney By:---'~~~=____.,._~""""-1~--""""::...,_-- Ronald C. Kemp, Assist 1 Attorneys for Plaintiff CITY OF CARLSBAD LIS PENDENS EXHIBIT A to LIS PEN DENS Grant Deed of General Underground Utility Easement RECORDING REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, CA 92008 MAIL TAX EXEMPT STATEMENTS TO: EXEMPT The undersigned grantor(s) declare(s): SPACE ABOVE THIS LINE FOR RECORDER'S USE Assessor's Parcel No.: 210-010-42 Documentary transfer tax is $0.00 ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and Encumbrances remaining at time of sale. ( ) Unincorporated area: (x) City of Carlsbad, and ---------Project ID: CP 3492 ---------Project Name: Agua Hedionda Sewer Lift Station and Force Main Replacemen1 Project GRANT DEED OF GENERAL UNDERGROUND UTILITY EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged. The San Diego Gas & Electric Company, a California corporation (GRANTOR) the owner of real property described herein located in the City of Carlsbad, San Diego County, California hereby GRANTS to City of Carlsbad, a Municipal Corporation (GRANTEE) the following described real property in the City of Carlsbad, County of San Diego, State of California: An easement for General Utilities and appurtenances thereto for the purposes of construction, operation, repair, reconstruction and all activities necessary to construct, reconstruct, operate, maintain and repair facilities designed for the general purpose of collecting, and transporting all wastewater, potable water or recycled water flowing into said facilities. Said facility may include pipelines, and sub-surface structures designed to control the flow, and all facilities and structures associated with said use which is designed to facilitate the use and protect the facility from natural and other forms of damage. However, the easement area shall at all times be free and clear from any structure that impedes vehicular access, to, from, along and within the Easement Area. All facilities constructed within the Easement Area shall be designed for HS-20 loading as defined by the American Association of State Highway and Transportation Officials (AASHTO). Loads greater than HS-20 loading shall require approval prior to entering the Easement Area. The use shall also include a means of access to and from said facility for the purpose of constructing, operating, repairing, maintaining, inspecting and reconstructing said facility. The underground easement described herein shall be exclusive to the Grantee, however, the Grantee has the right to grant a co-interest in the easement to the City of Vista. Granter herein maintains the right to construct facilities which cross the easement area while maintaining a minimum of 18" vertical clearance between facilities. Granter also agrees that no buildings and/or structures will be erected, walls constructed, nor trees planted, nor may the easement be used by any other person or entity, including other utilities, whether public or private, for uses incompatible with the uses described herein without the express written approval of the Grantee which shall not to be unreasonably withheld. REV 1/17/12 Grantee herein agrees that the general underground utility easement shall be subject to Grantor's existing and future utility facilities; provided, however, that such future utility facilities shall not be incompatible with the Gantee's exercise of its rights under the easement granted hereunder. Grantor, in its reasonable discretion, retains the right to review and approve of specific locations of Grantee's facilities to avoid conflict with G_rantor's existing and future facilities. In the event that the future use of Grantee's easement by Grantee shall at any time necessitate a rearrangement, relocation or reconstruction of Grantor's facilities, the same shall be performed at the cost of Grantee. Except in the event of an emergency, Grantee shall provide twenty (20) business days notice to Grantor prior to constructing, reconstructing, operating, maintaining or repairing Grantee's facilities. Reserving to Grantor, among the other rights set forth herein, the unrestrained right of ingress and egress, including vehicular access, to, from, along and within the Easement Area by a practical route or routes, in, upon, over and across the Property to access the real property owned by Grantor more particularly described in Exhibit "A" attached hereto and made a part hereof. The easement granted herein shall be located within and upon the properties more particularly described as Parcel "A" in Exhibit "A" and Exhibit "B" attached hereto and by this reference made a part hereof. DATED ________ _ OWNER: By: By: (Sign Here) (NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY OWNER(S) MUST BE ATTACHED.) NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRETARY OR ASSISTANT SECRETARY MUST SIGN FOR CORPORATE EXECUTIONS OF THIS DOCUMENT. -----(-P-ri_n_t _N_a_m_e_H_e_r_e_) ------AL TERNATEL y A TRUE COPY OF A RESOLUTION OF THE BOARD OF DIRECTORS THAT IS SIGNED BY THE SECRETARY OR ASSISTANT SECRETARY OF THE _________________ CORPORATION, UNDER CORPORATE SEAL SPECIFICALLY (Title) (Sign Here) -----------------(Print Name Here) (Title) REV 1/17/12 EMPOWERING THE INDIVIDUAL SIGNED IN BEHALF OF THE CORPORATION WILL SHOW SUFFICIENT AUTHORITY OF SAID INDIVIDUAL TO ACT IN THIS MATTER. IT IS RECOMMENDED THAT; PRIOR TO THE EXECUTION OF THIS EASEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO. ,- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT • State of California County of ______________ _ } On ________ _ Date before me, Here Insert Name and Title of the Officer personally appeared------------~-,-,---,-=---,--,------------Name<s> of Signer(s) Place Notary Seal Above who 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 the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature----------""=""'-------s19nature of Notary Public -----------OPTIONAL------------- Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: _____________________________ _ Document Date: __________________ Number of Pages: ________ _ Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ____________ _ □ Individual □ Corporate Officer -Title(s): □ Partner -□ Limited □ General □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Other: ________ _ Signer Is Representing: ___ _ RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: ______________ _ □ Individual □ Corporate Officer -Title(s): ________ _ □ Partner -□ Limited □ General □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Other: _________ _ Signer Is Representing: ____ _ RIGHTTHUMBPRINT OF SIGNER Top of thumb here • 02007 National Notary Association• 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #.5907 Reorder: Call Toll-F~ 1-800-876-6827 REV 1/17/12 . I r EXHIBIT 1A' THAT PORTION OF PARCEL 7 OF CERTIFICATE OF COMPLIANCE RECORDED OCTOBER 30, 2001 AS DOCUMENT NO. 2001-0789072 OF OFFICIAL RECORDS, AS SHOWN ON RECORD OF SURVEY (ROS) 17350, LYING WITHIN LOT 'H' OF RANCHO AGUA HEDIONDA IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE PARTITION MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: PARQELA; COMMENCING AT THE INTERSECTION OF THE EASTERLY LINE OF THE SAN DIEGO N9RTHERN RAILROAD (FO~MERLY KNOWN AS ATCHISON, TOPEKA AND SANTA FE RAILWAY) AND A POINT WHICH BEARS SOUTH 67"29'44" WEST (RECORD SOUTH e1•29•48" WEST PER PARCEL MAP 19380) FROM THE NORTHWEST CORNER OF PARCEL 5 OF CANNON COURT (MS 99-16), IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARCEL MAP iHEREOF NO. 19380, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY DECEMBER 2, 2003; Tl ICNC!,; NOnTH 67"28'44" EAST, 6.25 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID LINE NORTH G7'29'44" CAST, 30.00 FEET: THFNt"lF LEAVING SAIC LINE NORTH 22"30'16" WEST, 889.9?. FFFT TO THF NORTHERLY LINE OF SAID PARCEL 7; THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL 7 SOUTH 62°25'1 O" WEST (RECORD SOUTH e2·2s•13• WEST PER ROS 17360), 30.12 FEET; THENCE LEAVING SAID LINE SOUTH 22°30'18" EAST, 887.26 FEET TO THE TRUE POINT OF BEGINNING. TOGETHER WITH THAT PORTION OF SAID PARCEL 7 DESCRIBED AS FOLLOWS: COMMENCING AT THE AFOREMENTIONED TRUE POINT OF BEGINNINGi THENCE NORTH •67'29'44" EAST (RECORD SOUTH 67'29'48" WEST PER PARCEL MAP 19380), 54.75 FEET TO THE NORTHWEST CORNER OF SAID PARCEL 5; THENCE ALONG THE WESTERLY LINE OF SAID PARCEL SOUTH 22"30'16" EAST, 400.32 FEET TO A POINT OF INTERSECTION WITH THE WESTERLY LINE OF AVENIDA ENCINAS, SAID POINT BEING ON A NON-TANGENT 1,490.00 FOOT RADIUS°CURVE CONCAVE SOUTHWESTERLY, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 49°40'42" EAST; THENCE NORTHWESTERLY ALONG THE WESTERLY LINE OF AVENIDA ENCINAS AND THE ARC OF SAID CURVE 27,84 FEET THROUGH A CENTRAL ANGLE OF 1°03'46"; THENCE NORTH 42'23'04" WEST {RECORD NORTH 41'23'00" WEST PER PARCEL MAP 19380), 40.15 FEET TO THE BEGINNING OF A TANGENT 712.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE 148.10 FEET THROUGH A CENTRAL ANGLE OF 11"66'04" TO A POINT WHICH BEARS SOUTH 22"30'16" EAST FROM THE POINT OF COMMENCEMENT; THENCE LEAVING THE WESTERLY LINE OF AVENIDA ENCINAS AND THE ARC OF SAID CURVE NORTH 22°30'16" WEST1 192,00 FEET TO THE POINT OF COMMENCEMENT. CONTAINING 1.004 ACRES, MORE OR LESS. EXHIBIT "B" EASEMENT PLAT LEGAL DESCRIPTION: PORTION OF PARCEL 7 OF CERTIFICATE OF COMPLIANCE RECORDED OCTOBER 30, 2001 AS DOCUMENT NO. 2001-0789072 OF OF'FICIAL RECORDS, AS SHQWN ON RECORD OF SURVEY 17350, LYING WITHIN LOT 'H' OF RANCHO AGUA HEOIONDA IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE PARTITION MAP THEREOF NO. 823, .FILED IN THE OF'FICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO, NOVEMBER 16, 1896, ASSESSOR'S NO;: 210-010-42 BASIS OF' BEARINGS: THE BASIS OF BEARIN.GS FOR THIS DRAWING IS THE' CALIFORNIA COORDINATE SYSTEM 198.3, ZONE 6 BETWEEN POINTS 057 AND 141 AS SHOWN ON RECORD OF SURVE¥ 17271. I.E. N40'39'21"W OWNER; SAN DIEGO GAS & ELECTRIC COMPANY 8335 CENTURY PARK COURT, CP 110. SAN DIEGO, CA 92123 SAN OIEGUITO ENGINEERING, INC, 4407 MANCHESTER, SUITE 105 ENCINITAS, CA, 92024 PHONE: (760) 753-5525 CIVIL ENGINEERING • PLANNING LAND SURVEYING PACIFIC OCEAN YICINITY MAP NO SCALE SHEET 1 of 2· EXHIBIT "B" EASEMENT PLAT . SHEET 2 of 2 DATA TABLES RADIUS LENGTH DELTA C1 1490.00' 27.64' 1'03'46" SCALE: 1 • • 200' 0 200 400' F22ZJ INDICATES EASEMENT AREA P.O.C. POINT OF COMMENCEMENT T,P.0.8. TRUE POINT OF BEGINNING ~ ~ SAN DIEOUITO ENGINEERING, INC. 4407 MANCHESTER, SUITE 105 · ENCINITAS, CA. 92024 PHONE: (760) 753-5525 CIVIL ENGINEERING • PLANNING LAND SURVEYING C2 712.00' 148.10· 11'55'04 BEARING LENGTH L1 N41'23'04"W 40.15'