Loading...
HomeMy WebLinkAbout; Aviara Land Associates, LP; 1992-0221640; Easement1 i 3 4 I C E 7 a 9 10 @ 4 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 @-FICIVL REfg";; SBH $jEi;i! COQHTY REC%UER'S OFFICE PLEASE RECORD THIS DOCUMENT AT 1 NO FEE AS IT IS TO THE BENEFIT OF THIS DISTRICT (GOV. CODE [6103]) ) RECORDING REQUESTED BY AND ) A#lijTE EI,!flnS, CD!jNT: RECDSDER FEES: 0.00 WHEN RECORDED, PLEASE MAIL TO: ) Carlsbad Municipal Water District ) Engineering Department 5950 El Camino Real ," I, ,) 'I. Carlsbad, California 92008- 11, ,, .) '. I , ,, ,, -,,, '\. , . .. , ,, ,. , ., ' , . ~. ". ., Space, above this line for :,, .:~.~;:* .; ', ,' ,. Recorder's use. .. . .. ,. . ,- .. , . i.. Assessor's Parcel NO,. 215-080-24 Project Name,.:& .No. Wlve In& -412") Cross Tie Connection, Camino Vida s, CMWC Project't@.'86-109 Roble to &%tins Thirtv Foot (30'1 Water Line .. , 'i ~ DOCUMENTARY TRANSFER Easement TAX: None CARLSBAD MUNICIPAL WATER DISTRICT h 2. Rd\- AlethaL.Rautenkranz,Sec?&tary Board of Directors Agency organized in the State 'of'.California, its successors and assigns, an easenent. Purpose: The easement granted herein shall be granted for the following purposes: the construction, operation, repair, reconstruction and all activities necessary to construct, reconstruct, operate, maintain and repair facilities designed for the general purpose of collecting, storing, transporting, pumping and treating all water, including surface water, stream water, flood water and ground water flowing into said facilities, and all natural and artificial drainage ditches and structures of any kind, 1 3/14/91 REV. ., ,I ~ .. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 961" whether above or below the surface of the ground. Said facility may include pipelines, pumping facilities, structures designed to control the flow of water and all facilities and structures associated with said use which are designed to facilitate the use and protect the facility from natural and other forms of damage including, but'::limited ,to, erosion control facilities, fences,, gates, 'doors, 'locking devices, alarms, lights, a. -1 ," (1. ~ ~~ .. ~ ,' , !' and all other protective facilities and. d&vices. The use shall also include-a means of access .to and from said fadility for the purpose of ~~~c~nstructing, operating, repairing,;-*maintaining, inspecting and"*reconstructing said facility. ., ., b" ,.,_ ;;L,:.>. .< ., ,. . :. , i. .., . 'I I I .~ ., ." ,* ', ."- *.., ~ ~ ~, 2 1. .. , . " .~ .' .. .. ,_ , ,.% .,< Ij .. :i 2.3;"~ ~ .~ 1- . .~ . ',.I .. the?, uses described herein. shall he extrusive to the Grantee. .Grantor herein agrees that no buildings and/or structures will be erected, walls constructed, fences built nor trees planted, nor may the :easement be used by-'the:Grantor or any other person or entity, including other utilitiek, whether pubiic .or private, for uses whether compatible or incompa3ible wiih ~ the' uses described herein without the express written approval of the Grantee. ,. .* ., . r .. .. . .. .' ', &> , .. .. .j ' .: ~ , .< . .:. .. . .,,.~. I .. ). ', /// /// /// /// /// /// /// /// /// /// ,. 2 3/14/91 REV. ,, \ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2€ 27 2E LOCATION OF THE EASEMENT: The easement granted herein shall be located within and upon the properties more particularly described in Exhibit "A" and Exhibit llBll attached hereto and by this reference made a part hereof. ,,,, , , ~ .,,,, ., .. GRANTOR: ' . AVIARA 4 ASSOCIATES LIMITED PARTNERSHIP, a Delaware limited Partnership, who *acquired title TEDPARTNERSHIP, -. " , Vice President (title of signatory) 3 3/14/91 REV. STATE OF CALIFORNIA I .. COUNTY OF San Diego On June 24. 1991 before me, the undersigned, a Notary Public in and for said State, personally appeared D.L., personally known to me --me"the Vice President and personally known to me 7 e to be the person who executed the wthm mtrument as the 'S to be the person who executed the within instrument as the -g 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. CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the gra .nt deed or easement, dated 6,!74,!q1 , from AVIAFA LAND ASSOCIATES LIMITED PARTNERSHIP, who acquired title as PACIFIC RIM LAND PSSCCIATES LIMITED PARIWERSHIPr a Delaware Limited Partnership to the Carlsbad Municipal Water District, Carlsbad, California, a Municipal Water District Act of 1911, as amended, is hereby accepted by the undersigned officer or agent on behalf of the Carlsbad Municipal Water District, Carlsbad, California, pursuant to authority conferred by Resolution NO.^ of the Carlsbad Municipal Water District adopted on Janualy 28, 1992, and the grantee consents to recordation thereof by it’s duly authorized officer. DATED: April 9, 1992 AIETHA L. RAUTENKRANZ, Sedetary .. .. 964 EXHIBIT "A" LEGAL DESCRIPTION FOR WATER LINE AND TEMPORARY CONSTRUCTION EASEMENTS VESTING: AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP APN: 215-080-24 THAT PORTION OF THE EAST HALF OF FRACTIONAL SECTION 22, TOWNSHIP CARLSBAD. COUNTY OF SAN DIEGO. STATE OF CALIFORNIA, DESCRIBED AS 12 SOUTH, RANGE 4 WEST. SAN BERNARDINO MERIDIAN, IN THE CITY OF FOLLOWS: PARCEL 1: WATER LINE EASEMENT PARALLEL TO OF THE FOLLOWING DESCRIBED CENTERLINE; A STRIP OF LAND 15.00 FEET WIDE LYING 7.50 FEET OF EACH SIDE AND COMMENCING AT THE SOUTHWEST CORNER OF FRACTIONAL SECTION 23, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN; THENCE NORTH ALONG THE WESTERLY LINE OF SAID SECTION 23 NORTH 0'33'25" EAST 4491.10 FEET MORE OR LESS TO THE NORTHWEST CORNER OF SAID SECTION 23, BEING THE CLOSING CORNER COMMON TO FRACTIONAL SECTION 2'1 AWI) 23; THENCE NORTH 8SD28'3O" WEST, 22.96 FEET ALONG THE NORTH LINE OF SAID SECTION 22 TO THE TRUE POINT OF BEGINNING; THENCE ALONG SAID CENTERLINE SOUTH 22'59'48" WEST 89.99 FEET; THENCE SOUTH THAT CERTAIN PARCEL AS CONVEYED TO THE CITY OF CARLSBAD IN DEED 0'33'25" WEST 68.98 FEET TO A POINT IN THE NORTHEASTERLY LINE OF RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, JUNE 29, 1989 AS FILE NO. 89-315769 OF OFFICIAL RECORDS, SAID NORTHEASTERLY LINE HAVING A BEARING NORTH 52'45'54" WEST AND BEING THE SOUTHERLY TERMINUS OF THIS DESCRIPTION. THE SIDELINES OF SAID 15.00 FOOT WIDE EASEMENT SHALL BE PROLONGED OR SHORTENED TO TERMINATE IN THE SOUTHERLY LINE OF PARCEL "F" OF PARCEL MAP 12353 ACCORDING TO MAP TAEREOF RECORDED AS FILE NO. 83- 303516 AND IN THE NORTHEASTERLY LINE OF THE AFOREMENTIONED CITY OF ~~~~~~ .. ~~~~ ~ CARLSBAD PARCEL RECORDED AS FILE NO. 89-345769 OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. SAID EASEMENT CONTAINS 2384.52 SQUARE FEET. " A STRIP OF LAND 50.00 FEET WIDE LYING 25.00 FEET ON EACH SIDE AND PARALLEL TO THE CENTERLINE OF THE 15.00 FOOT WIDE EASEMENT AS DESCRIBED IN PARCEL 1 ABOVE. OR SHORTENED TO TERMINATE IN THE SOUTHERLY LINE OF PARCEL "F" OF THE SIDELINES OF SAID 50.00 FOOT WIDE EASEMENT SHALL BE PROLONGED PARCEL MAP 12353 ACCORDINll TO YAP TWRREOF RECORDED AS FILE NO. 83- ~ "" "" ~ " ~~~ ~~~~ ~ ~~ ~~~ ~~ CARLSBAD PARCEL RECORDED AS FILE NO. 89-345768 OFFICIAL RECORDS IN 303516 AND IN THE NORTHEASTERLY LINE OF THE AFOREMENTIONED CITY OF THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. SUBJECT TEMPORARY EASEMENT SHALL EXPIRE WITHIN NINETY (90) DAYS OF THE FILING OF A NOTICE OF COMPLETION FOR THIS PROJECT. 965 ATTACHED HERETO AND MADE A PART OF THIS LEGAL DESCRIPTION ARE PLATS LABELED EXHIBIT "B" AND EXHIBIT "C". THIS LEGAL DESCRIPTION AND PLAT WERE PREPARED BY ME OR UNDER MY DIRECTION. CECIL E. kYALf P.L.S. 3997 CMWD 86-109 EXHIBIT 'C' 967 u\ VICINITY MAP NOT TO SCALE CARLSBAD MUNICIPAL WATER DISTRICT VlClNlM MAP DATE: 5/09/91 I SHEET 2 OF 2 PROJECT NO. 2103 Ei Carnino Rqd Tte. 208 Occonaide. CA 92054 C.M.W.D. 86-109 Right-of-way Engineerin Services, In Cinl Engineering Lan?Survsying 619 757-4443 i. IS, .~. / 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 10 19 20 21 22 23 24 25 26 27 20 OFFICIAL RECORDS SAN DIEGO COUNiY HECORDES'S OFFiCE RiiNEiTE EVANS, COUNTY KECORDER PLEASE RECORD THIS DOCUMENT AT NO FEE AS IT IS TO THE BENEFIT OF THIS DISTRICT (GOV. CODE [6103]). ) ) ) I LLI~ _. . . FFiS: n. no RECORDING REQUESTED AND 1 WHEN RECORDED, PLEASE MAIL TO 1 ) Carlsbad Municipal Water District 1 5950 El Camino Real ) ., ". .. . <,$$;+.: p? I .'.. SUBORDINA+IO~, AGREEMENT ~~2~. : NOTICE: ".?.,THIS SUBORDINA~ION AGREEMENT RESULTS: ','IN YOUR SECURITY INTEREST IN THE .. _.~. PROPERTY BECOMING SUBJECT TO AN ,. ,, .. ESTATE IN THE REAL PROPERTY TO WHICH *?X7 " /is.. <.,**& ,&p"" .. .., ;r "., ., ". , ., ".. . .*,;".' . I,. y :.., . ,, "" i +.T. i 1. .~ . . .. , ;?: 1 ~. ~ ;\ ..: 1, "";- ,._ : '~ YOUR SECURITY INSTRUhNk ATTACHES ', ~ ~ :: AElD HAS THE ~ POTENTIAL EFFECT OF REDUCING THE VALUE OB'YYbUR SECURITY INTEREST. , ,.' . , , ,, *.,;.+ .I ,- I .x9 THIS AGmEhNT, mad& this :?24th say' &-June AVIARA LT&~ >-IATES LIMITED ;Pm"ERsHIP,':A~'~laware " .. I 19% by Limit& PS&&ship hereinafter referred'&to as,:'."obie~,'' ov&r of the land and FIRST INTERSTATE BANk OF &I@&NCA, '. 5 , ..',iIowner):~~,:."-., ' :' hereinafter referred to as ltBenefic?m", ', present owner and holder of the deed of trust hereinafter described; ,,4', %..:, ... : ' , ^', ~ .' x *? A, . _r .- (Trustor) ,, ., .. , ., ..- life.. *., &% " a .Ca Cowration ,., , ~ .. ,,.. 3 WITNESSETH THAT WHEREAS, Aviara Land Associates Limited Partnership, a (Trustor) Delaware Limited PartnershiD did execute a deed of trust, dated December 20 , 1988 to First Interstate Bank of A Portion of the East Half of the Southeast Quarter of Section 22, Township California, a California comratioras trustee, covering 12 South, Ranae 4 West, San Bernardino Base and Meridian, in the Citv Of Carlsbad, county of San Diego, State of California, according to Official plat thereof I (Brief Legal Description) (Date) (Trustee) (See Exhibit sr~vv & "B" for Detailed Description) 1 3/26/91 REV. ., ., i 1 I f i E 5 1c 11 12 1: 14 15 16 17 1s 19 20 21 22 23 24 25 26 27 28 969 to Secure a note in the sum of One Hundred Twenty-Five Million Dollars ////////////////////////($ 125.000,000.00 ) dated December 20 , (Lien Amount) (Date) 1988, in favor of First Interstate Bank of California ' recorded IBeneficiarv) in the off ice of the County Recorder of San Diego County on December 23, 1988 , as File No. 88-661636 of Official .- ---~-~ *, (County) (Date Recorded) (F/P NO. Records of said county; and .I ,. .. WHEREAS, r0rj"ner has executed, 'or is about to execute, as grantor, a grant of EASEMENT/EASEMENTS dated June 24, 1991 , in favor of the-;.Carlsbad Municipal Water, District as grantee, hereinafter"?referred to as "Easement Grantee, It '&eating AN/THE EASEMENT/EASEMkNTS more particularly described in EXHIBIT/EXHIBITS .'i '; ;.z-* ,. ,I , ~.b~ ;,,*;&;".', , ~ ,. ., *, ," .:.;" .'%".'"\:,; ".<' '. +., .<'.*,: 1 'e, "< 1 ~ "*VI & "B". ittached hereto: and '. ~~. .~~,* WHEREAS, , ., Easement Grantee ' is willing to accept said EASEMENT/EASEMENTS provided thei;grant of EASEMENT/EASEMENTS is a charge upon ,the above' 'described property prior and superior to the lien or charge oE' the deed of above mentioned and provided that beneficiary wili"&pecificaily and unconditionally subordinate the lien or charge of the'.deed~. of .. :&st above mentioned to the lien or charge of the EAS&NT/EASE&TS created in favor of Easement Grantee: and , .. r ... '. , .. _, . ..', , .. .: ,. .. ;:~~ ,~ ., .., , ,. . , . ,: & . ., I, %,. .,, , ,, WHEREAS, it is to the mutual benefit of the parties hereto that Easement Grantee accept said EASEMENT/EASEMENTS and Beneficiary is willing that the grant of EASEMENT/EASEMENTS 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, 2 3/26/91 REV. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 971 .. .. Easement Grantee above referred to and understands that in reliance upon, and in consideration of, this waiver, relinquishment and subordination of the grant of EASEMENT/EASEMENTS is being executed and delivered, the EASEMENT/EASEMENTS IS/ARE being created, and that specific monetary and other obligations are being and will be entered into by the Easement Grange=, other lenders and title insurance companies ' which 'would ,not 'be made * or entered into but for said reliance' upon the waiver;. . relinquishment and subordinatios%p:sand . ,. .. , .,.,. ~' ~ ' t,. ~'. , . * ,. .I" .. ,, '* .' ,. -. , . ,, .: , _. .( , . *: dorsement has been placed upon the^ note secured by the deed of-trust above mentioned that said deed of trust has by this instrugent been subordinated to the charge of the EASEMENT/EASEMENTS in favor of Easement Grantee above referred to .. . .t Executed by the BENEFICIARY this Executed by the OWNER this \ST day of. SbkY , 199\ y2Y "day .j-ik~= , 19i: BENEFICIARY: ..-~ OWNER: FIRST INTERSTATE. BAM< OF CALIFORNIA: ' AVIAFA LAND d, CCIATES LIMITED \X? vkSIX~%T Vice President -, (title) . ,'/ - (title) By : ../ , ,. , ,< - I . --..i-c; ii' By : 94J / &\---" (authorized signature) (authorized signature) Assistant Secretary (title) NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRETARY OR ASSISTANT SECRETARY MUST SIGN A CORPORATE EXECUTION OF THIS DOCUMENT. ALTERNATELY A TRUE COPY OF THE RESOLUTION OF THE BOARD OF DIRECTORS THAT IS SIGNED BY THE SECRETARY OR ASSISTANT SECRETARY OF THE CORPORATION, UNDER CORPORATE SEAL SPECIFICALLY EMPOWERING THE INDIVIDUAL SIGNING 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 4 3/26/91 REV. .. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 970 the receipt and sufficiency of which consideration is hereby acknowledged, and in order to induce Easement Grantee to accept said EASEMENT/EASEMENTS above referred to, it is hereby declared, understood and agreed as follows: 1. That said EASEMENT/EASEMENTS in favor of Easement Grantee shall unconditionally be and remain at all times a charge on the property therein described, prior and.kuperior to the lien ~~ .' 1 ~ J or charge of the "deed .of trust above mentione&. .. ;*. .s?b ,,*,P:,, 3% ,~,~ -."<"" . ,, .. , . ..;e,* .. .. ' . -"*.: .. .. Ir I_ . % P ..-& A*' '. .. ., s ", , , 2,;: ~ :.::::>,That ,..~ ~~Vt>~ Easement __'Grantee would not .accept said EASEMENT/EAS$&#% above described without this ' subordination agreement. :,..,z: "-"..,$:.: -.. . , ,_. ., ; j',. ,, . ' . '. i i ' ., ". .. ~:' 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/EASEMENTS in favor of Easement7Grdhtee ,( ,',, .. above'referred to and^ shall supersede and cancel, but only '.ins.ufar as wo&d ~ affect the 'priority between the deed of trust ' and .EZLSEMENT/~~?&~ENTS hereinbefore specifically <~~ ~~"~ I- ' ' described, any prior a+eekent-as to su&subqrdination including, but not limited, 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. >. ,, . . ., ., . . " . .. ,. ., . ~-."* < ;\ &..a> ,., .,_ .. '4L ,. ,. ..w: ,. . ~?. '_i , , , ,.. . .. ,. . is. , . +',- .. t '. ,, . .. BENEFICIARY declares, agrees and acknowledges that: 1. He consents to and approves the grant of EASEMENT/EASEMENTS in favor of the Easement Grantee. 2. He intentionally and unconditionally waives, relinquishes and subordinates the lien or charge of the deed of trust above mentioned to the EASEMENT/EASEMENTS in favor of 3 3/26/91 REV. STATE OF CALIFC .A COUNTY OF Orange I IS J 9 72 on July 1, 1991 , before me, the undersigned. a Notary Public in and for said State, Personally appeared Mark D. Whalen Mona Russell and ,Personally known to me (or proved to me on the basis Of Satisfactory evidence) to be the persons who executed the within instrument as Secretary, on behalf of - Vice Presidentand Assistant First Interstate Bank of California, the corporation therein named, and acknowledged to me that suchcorporationexecutedthewithininstrumentpursuanttoits by-laws or a resolution of its board of directors. HOTLRY PUBLIC ChLIFORWA WITNESS my hand and official seal. priiiCtPh~ OFFICE IN SAW DlEGOCOUNTY Signat (This area for official notarial seal) 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SUBORDINATION AGREEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO. Vincent F. Biondo, Jr., General Counsel (Notarial acknowledgement of execution of OWNER and BENEFICIARY must be attached. __ . qn 3f -hr. CMWD 86-109 .,."' ' ' ,3.?&:'. '.rd "$k& -s*&,%,:..-~,+, , .,. i >A .i it*^ ,., ", ., 4 ',a ep-. ". ,. .,*, ~ ,, 2' .., ~. ',,.. . ~ ./ .il , . 1, *>$*', ." .,<,I' ,,, .:#; , *"'&g f, .i -: "' ,~ 3 ,_I. . ", . . .. .. , ,,, ,. ,, ". " ,. .. 5 3/26/91 REV. STATE OF CALIFORNIA COUNTY OF San Diego I I ss. I On June 24. 1991 before me, the undersigned, a Notary Public in and for said State, personally appeared D.L., personally known to me -e Vice President and personally known to me -is bce to be the person who executed the within instrument as the -to be the person who executed the within instrument as the Assistant Secretarv 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. e(& h!. NOTARY PUBLIC - ' 9 75 EXHIBIT "A" LEGAL DESCRIPTION FOR WATER LINE AND TEMPORARY CONSTRUCTION EASEMENTS VESTING: AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP APN: 215-080-24 THAT PORTION OF THE EAST HALF OF FRACTIONAL SECTION 22, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD. COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. DESCRIBED AS FOLLOWS: PARCEL 1: WATER LINE EASEMENT A STRIP OF LAND 15.00 FEET WIDE LYING 7.50 FEET OF EACH SIDE AND PARALLEL TO OF THE FOLLOWING DESCRIBED CENTERLINEI COMMFNl?TNG AT 'TAP SOUTHWEST CORNER OF FRACTIONAL SECTION 23. TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN; THENCE . ___ .. ." " . ~ NORTH ALONG THE WESTERLY LINE OF SAID SECTION 23 NORTH 0'33'25" EAST 2491.10 FEET MORE OR LESS TO THE NORTHWEST CORNER OF SAID SECTION 23, BEING THE CLOSING-CORNER COMMON TO FRACTIONAL SECTION 22 AND 23; THENCE NORTH 89'28'30" WEST, 22.96 FEET ALONG THE NORTH LINE OF SAID SECTION 22 TO THE TRUE POINT OF BEGINNING; THENCE ALONG SAID CENTERLINE SOUTH 22'59'48'' WEST 89.99 FEETI THENCE SOUTH THAT CERTAIN PARCEL AS CONVEYED TO THE CITY OF CARLSBAD IN DEED 0'33'25" WEST 68.98 FEET TO A POINT IN THE NORTHEASTERLY LINE OF RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, JUNE NORTHEASTERLY LINE HAVING A BEARING NORTH 52'45'54" WEST AND BEING 29, 1989 AS FILE NO. 89-345769 OF OFFICIAL RECORDS, SAID THE SOUTHERLY TERMINUS OF THIS DESCRIPTION. THE SIDELINES OF SAID 15.00 FOOT WIDE EASEMENT SHALL BE PROLONGED OR SHORTENED TO TERMINATE IN THE SOUTHERLY LINE OF PARCEL "F" OF PARCEL MAP 12353 ACCORDING TO MAP THEREOF RECORDED AS FILE NO. 83- 303516 AND IN THE NORTHEASTERLY LINE OF THE AFOREMENTIONED CITY OF CARLSBAD PARCEL RECORDED AS FILE NO. 89-345169 OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. SAID EASEMENT CONTAINS 2384.52 SQUARE FEET. PARCEL 2: A STRIP OF LAND 50.00 FEET WIDE LYING 25.00 FEET ON EACH SIDE AND PARALLEL TO THE CENTERLINE OF THE 15.00 FOOT WIDE EASEMENT AS DESCRIBED IN PARCEL 1 ABOVE. OR SHORTENED TO TERMINATE IN THE SOUTHERLY LINE OF PARCEL "F" OF THE SIDELINES OF SAID 50.00 FOOT WIDE EASEMENT SHALL BE PROLONGED PARCEL MAP 12353 ACCORDING TO MAP THEREOF RECORDED AS FILE NO. 83- 303516 AND IN THE NORTHEASTERLY LINE OF THE AFOREMENTIONED CITY OF CARLSBAD PARCEL RECORDED AS FILE NO. 89-345169 OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. THE FILING OF A NOTICE OF COMPLETION FOR THIS PROJECT. SUBJECT TEMPORARY EASEMENT SHALL EXPIRE WITHIN NINETY (90) DAYS OF ~~ ~ 9 76 ATTACHED HERETO AND MADE A PART OF THIS LEGAL DESCRIPTION ARE PLATS LABELED EXHIBIT "E" AND EXHIBIT "C". THIS LEGAL DESCRIPTION AND PLAT WERE PREPARED BY ME OR UNDER MY DIRECTION. CECIL E. 'RYALV P.L.S. 3997 CMWD 86-109 EXHIBIT B 977 -. I S.W. CORNER SEC. 23 ------- DENOTES PROPOSED 50' TEMP. CONSTRUCllON EASEMENT I rN.W. CORNER SEC. 23 Z0 PARCEL NO. 1 'PROPOSED 15 EASEMENT FOR WATER LINE PARCEL NO. 2 50' TEMPORARY CONSlRUCTlON EASEMENT m N =!4 rn ul 4 '23 26 CARLSBAD MUNICIPAL WATER DISTRICT EXHIBIT 'C' 9 78 u\ VICINITY MAP NOT TO SCALE CARLSBAD MUNICIPAL WATER DISTRICT VlClNlM MAP DATE: 5/09/91 I SHEET 2 OF 2 PROJECT NO. 2103 El Comino RTI 3'". 208 Ocranrida. CA 92054 C.M.W.D. 86-109 Right-of-way Engineerin Services, In Civil Engineering Lon?Survsying 619 757-4443