HomeMy WebLinkAbout; Carlsbad HHG Hotel Development, Inc.; 1999-0639678; Easement.. llllllllllllll~llllllllllllllllllllllllllllllllllllll~llllllllllllll 1999-0638678
I DOC # 1999-0639678
RECORDING REQUESTED BY
AND WHEN RECORDED,
PLEASE MAIL TO:
Carlsbad Municipal Water District
Engineering Department
5950 El Camino Real
Carlsbad, California 92008
9003
Sep 17s 1999 4-39 PM
MAIL TAX STATEMENTS TO:
EXEMPT
Please record the document at no
fee as it is to the benefit of the
District (Gov. Code [6103].)
Space above this line for Recorder's use.
undersigned grantor@) declare(s): Assessor's Parcel No. 869-369-85
Documentary transfer tax is $o.oO Project No. & Name CMWD 98-206. LOT 49 63
( ) computed on full value of property conveyed, or CARLSBAD RESEARCH CENTER UNIT 3.
( ) computed on full value less value of liens and MARRIOTT RESIDENCE INN
( ) Unincorporated area: (x) City of Carlsbad , and encumbrances remaining at time of sale.
FOR A VALUABLE CONSIDERATION. CARLSBAD MUNICIPAL WATER DISTRICT
receipt of which is hereby acknowledged.
w \Q%
GRANT DEED OF WATER LINE EASEMENT
CARISBAD HHG HOTEL DEvEmmlENr. m.
does hereby grant to CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water
Act of 191 1, and a Subsidiary District of the City of Carlsbad. its successors and assigns, an easement.
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, 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
1 08/17/98 Rev.
.. 9004
natural and other forms of damage including, but not limited to, erosion control facilities, fences, gates, doors, locking
devices, alarms, lights, and all other protective facilities and devices. 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 uses described herein shall be exclusive to the Grantee. Grantor herein agrees that no buildings
andlor 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 utilities, whether public or private, for uses whether compatible or
incompatible with the uses described herein without the express written approval of the Grantee.
LOCATION OF THE EASEMENT:
The easement granted herein shall be located within and upon the properties more particularly described
in Exhibit "A" and Exhibit "B attached hereto and by this reference made a part hereof
Executed by the Grantor this -!!?day of JU6Uc
19s.
GRANTOR
CARLSBAD HHG HOTEL DEVELOPMENT, L.P.,
a Delaware limited partnership
1
s-zAr/Spe
(title of signatdry)
(Notarial acknowledgement of execution of PROPERTY OWNER must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only officer signs, the
corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.)
(If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to
execute this instrument.)
APPROVED AS TO FORM:
CMWD 98-206
0811 7/98 Rev. 2
EXHIBIT A
LEGAL DESCRIPTION
PARCEL A:
A PORTION OF LOT 49 OF MAP 11810. IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DEIGO COUNTY ON MAY 19.1987.
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 49, SAID CORNER BEING ON THE
SOUTHEASTERLY RIGHT OF WAY LINE OF COLLEGE BOULEVARD: THENCE LEAVING SAID RIGHT
OF WAY LINE, SOUTH 63' 43'33n EAST, 124.22 FEET ALONG THE NORTHEASTERLY LINE OF SAID
LOT 49; THENCE LEAVING SAID NORTHEASTERLY LOT LINE, SOUTH 26' 16' 27"WEST, 25.00 FEET;
THENCE NORTH 63' 43' 33" WEST, 66.60 FEET: THENCE SOUTH 26' 16' 27" WEST, 6.17 FEET;
THENCE NORTH 63'43' 33" WEST, 20.00 FEET: THENCE NORTH 26' 16' 27" EAST, 6.17 FEET; THENCE
NORTH 63' 43'33" WEST, 44.18 FEET TO A POINT ON THE SOUTHWESTERLY RIGHT OF WAY LINE
OF COLLEGE BOULEVARD, SAID POINT ALSO BEING THE BEGINNING OF A 2051.00 FOOT RADIUS
CURVE CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF
0' 43' 19". AN ARC DISTANCE OF 25.85 FEET TO THE POINT OF BEGINNING, A RADIALTO SAID
POINT BEARS NORTH 49' 22' 35" WEST.
Parcel B:
A PORTION OF LOT 49 OF MAP 11810, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DEIGO COUNTY ON MAY 19.1987,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 49, SAID CORNER BEING ON THE
SOUTHEASTERLY RIGHT OF WAY LINE OF COLLEGE BOULEVARD; THENCE SOUTHWESTERLY
ALONG SAID RIGHT OF WAY LINE, ALONG A 2051 .OO RADIUS CURVE, CONCAVE NORTHWESTERLY,
THROUGH A CENTRAL ANGLE OF 5' 52' 32, A DISTANCE OF 210.32 FEET TO THE TRUE POINT OF
BEGINNING; THENCE, LEAVING SAID RIGHT OF WAY LINE, SOUTH 65'33'31" EAST, 87.80 FEET;
THENCE SOUTH 24' 26 29 WEST, 20.00 FEET: THENCE NORTH 65' 33' 31" WEST, 96.03 FEET TO A
POINT ON SAID SOUTHWESTERLY RIGHT OF WAY LINE OF COLLEGE BOULEVARD; THENCE,
NORTHEASTERLY ALONG SAID RIGHT OF WAY LINE, ALONG SAID 2051.00 FOOT RADIUS CURVE,
CONCAVE TO THE NORTHWEST, THROUGH A CENTRAL ANGLE OF 0' 11' 24". A DISTANCE OF 6.80
FEET TO THE TRUE POINT OF BEGINNING.
EXHIBIT A
PAGE 2 OF 2 9006
PARCEL C:
A PORTION OF LOT 49 OF MAP 11 810, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO.
RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DEIGO COUNTY ON MAY 19,1987,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 49, SAID CORNER BEING ON THE
SOUTHEASTERLY RIGHT OF WAY LINE OF COLLEGE BOULEVARD; THENCE SOUTHWESTERLY
ALONG SAID RIGHT OF WAY LINE, ALONG A 2051.00 FOOT RADIUS CURVE. CONCAVE
NORTHWESTERLY, THROUGH A CENTRAL ANGLE OF 6' 40' lo', A DISTANCE OF 238.74 FEET TO
THE BEGINNING OF A COMPOUND 25.00 FOOT RADIUS CURVE AT THE EASTERLY CORNER OF THE
INTERSECTION OF COLLEGE BOULEVARD AND FARADAY AVENUE, CONCAVE EASTERLY; THENCE
SOUTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 92' 29' 58". A
DISTANCE OF 40.36' TO THE BEGINNING OF A COMPOUND, 1158.00 FOOT RADIUS CURVE,
CONCAVE NORTHEASTERLY,SAID CURVE BEING THE NORTHEASTERLY RIGHT OF WAY LINE OF
FARADAY AVENUE: THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, ALONG SAID
NORTHEASTERLY RIGHT OF WAY LINE, THROUGH A CENTRAL ANGLE OF 13' 31' 12', A DISTANCE
OF 273.25 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID CURVE AND SAID
RIGHT OF WAY LINE, NORTH 31' 22' 52" EAST, 20.00 FEET TO THE BEGINNING OF A NON-TANGENT,
1138.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, A RADIAL LINE TO THE BEGINNING OF
SAID CURVE BEARS NORTH 31' 19' 07" EAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID
CURVE, THROUGH A CENTRAL ANGLE OF 3' 49 46". A DISTANCE OF 76.06 FEET; THENCE SOUTH
CURVE, CONCAVE NORTHEASTERLY, A RADIAL UNE TO THE BEGINNING OF SAID CURVE BEARS
NORTH 27' 29' 22 EAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A
CEMRALANGLE OF 1' 27' 19", A DISTANCE OF 29.06 FEET; THENCE SOUTH 26'02' 03" WEST, 14.00
FEET TO A POINT ON SAID NORTHEASTERLY RIGKT OF WAY LINE OF FARADAY AVENUE; THENCE
NORTHWESTERLY ALONG SAID RIGHT OF WAY LINE OF FARADAY AVENUE, ALONG SAID 1158.00
FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, THROUGH A CENTRAL ANGLE OF 5' 17'06, A
DISTANCE OF 106.82 FEET TO THE TRUE POINT OF BEGINNING.
27' 34' 25" WEST, 6.00 FEET TO THE BEGINNING OF A NON-TANGENT, 1144.00 FOOT RADIUS
\
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Q RUVAlE SmR AND DUNNAGE EASELlENT SHOW ON CARLSBAD TRACT Na 85-24, YAP NO. 11810, NE'LY LINE LOT 49
\
P.O.B. f ------
I"'"
CMWD 98-206
/ -.\. -.- AVENUE
-.-._._._._.-.-.-
PRlVAlE gwER AND DRAJNAGE
CARLSBAO TRACT NO. 65-24. YAP NO. 11810.
\ @ EASEUENT SHOW ON
T.P.O.B., ; I!"- WLY WE LOT 49
/
N6S33'313 9s.fl
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A.P.N. 869-369-85
- .. C’
9010
STATE OF IA 1
COUNTY OF QUA5
9 personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) islare subscn’bed 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@) acted, executed the instrument.
WITNESS my hand and official seal.
b@m
SIGNATURE OF NOTARY
(This area for official notary seal.)
Title or Type of Document
Date of Document No. of Pages
Signer(s) other than named above
CMWD
06/14/95 Rev.
.. .
2 '.
CERTIFICATION FOR ACCEPTANCE OF DEED
This is to certify that the interest in real property conveyed by the grant deed of easement, dated
August 16 ,1999,from Carlsbad HHG Hotel Development, Inc.
to the Carlsbad Municipal Water District, Carlsbad, California, pursuant to the Municipal Water District
Act of 191 1, 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.
996 of the Carlsbad Municipal Water District adopted on September 9, 1997, and the grantee consents to
recordation thereof by its duly authorized officer.
DATED: August 24. 1999
CMWD 98-206
ALMA L. WTENK$
KAREN R.
11 103197 Rev.
RECORDING REQUESTED BY
DOC # 1999-0639677
SEP 17. 1999 4~39 PM
AND WHEN RECORDED, PLEASE MAIL TO
Carlsbad Municipal Water District
5950 El Camino Real
Carlsbad. California 92008
I
benefit of the District (Gov. Code [6103].)
Please record the document at no fee as it is to the
Space above this line for Recorder's use.
ASSESSOR'S PARCEL NO. 869-369-85
PROJECT NO. 8 NAME: CMWD 98-206. LOT 49 Cza
CARLSBAD RESEARCH CENTER UNIT 3.
MARRIOTT RESIDENCE INN
SUBORDINATION AGREEMENT
(TRUST DEED HOLDERS)
NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING
WHICH YOUR SECURITY INSTRUMENT ATTACHES AND
SUBJECT TO (AN) EASEMENT IN THE REAL PROPERTY TO
OF YOUR SECURITY INTEREST.
HAS THE POTENTIAL EFFECT OF REDUCING THE VALUE
THIS AGREEMENT, made this -day of -, 19%, by CARLSBAD HHG HOTEL
DEVELOPMENT. L.P., a Delaware limited DarhrShiD, owner of the land described and hereinafter referred to as
"Owner," and BANK ONE. ARIZONA. NA. a national bankina association AND BANC ONE CAPITAL FUNDING
CORPORATION. an Ohio comoration, present owner and holder of the deed of trust hereinafter described, hereinafter
referred to as "Beneficiary;"
0811 7/98 Rev.
8990
WITNESSETH
THAT WHEREAS, CARLSBAD HHG HOTEL DEVELOPMENT, L.P.. a Delaware limited DattnerShiD did
execute a deed of trust, dated 7 APRIL 1998 to FIRST AMERICAN TITLE INSURANCE COMPANY
as trustee, to secure Note A in the sum of NINE MILLION DOLLARS l$ 9,000,000.00) and Note 1 in the sum of
ONE MILLION. THREE HUNDRED THOUSAND DOLLARS (f 1.300.000.00) dated 7 APRIL 1998 in favor of BANK
ONE, ARIZONA. NA, a national bankina association AND BANC ONE CAPITAL FUNDING CORPORATION. an Ohio
comoration recorded in the ofice of the County Recorder of San County on 9APRlL 1998 as File No.
1998-0200348 of Official Records of said county; and
WHEREAS, Owner has executed, or is about to execute, as grantor, a grant of EASEMENnEASEMENTS dated
16 AUGtST 1999, in favor of the Carisbad Municipal Water District as grantee, hereinafter referred to as “Easement
Grantee,“ creating AN/THE EASEMENT/EASEMENTS more particularly described in EXHIBIT/EXHiBITS “A” and “B”
attached hereto; and
WHEREAS, Easement Grantee is willing to accept said EASEMENTEASEMENTS provided the grant of
EASEMENT/EASEMENTS is a charge upon the above described properly prior and superior to the lien or charge of the
deed of trust above mentioned and provided that beneficiary will specifically and unconditionally subordinate the lien or
charge of the deed of trust above mentioned to the lien or charge of the EASEMENTlEASEMENTS created in favor of
Easement Grantee; and
WHEREAS, it is to the mutual benefit of the parties hereto that Easement Grantee accept said
EASEMENT/EASEMENTS and Beneficiary is wiiiing that the grant of EASEMENnEASEMENTS shaii, when recorded,
constitute a charge upon said land which is unconditionally prior and superior to the lien or charge of the deed of trust
above mentioned.
NOW, THEREFORE, in consideration of the mutual benefits accruing to the parties hereto and other valuable
consideration, the receipt and sufficiency of which consideration is hereby acknowledged, and in order to induce Easement
Grantee to accept said EASEMENTEASEMENTS above referred to, it is hereby declared, understood and agreed as
follows:
2 06/17/98 Rev.
1, That said EASEMENTIEASEMENTS in favor of Easement Grantee shall unconditionally be and remain
at all times a charge on the property therein described, prior and superior to the lien or charge of the deed of trust above
mentioned.
2. That Easement Grantee would not accept said EASEMENTIEASEMENTS above described without this
subordination agreement.
3. That this agreement shall be the whole and only agreement with regard to the subordination of the
lien or charge of the deed of trust above mentioned to the EASEMENTIEASEMENTS in favor of Easement Grantee above
referred to and shall supersede and cancel, but only insofar as would affect the priority between the deed of trust and
EASEMENTIEASEMENTS hereinbefore specifically described, any prior agreement as to such subordination 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.
BENEFICIARY declares, agrees and acknowledges that:
1. I (We) consent to and approve the grant of EASEMENTIEASEMENTS in favor of the Easement
Grantee.
2. I (We) intentionally and unconditionally subordinate the lien or charge of the deed of trust above
mentioned to the EASEMENTIEASEMENTS in favor of Easement Grantee above referred to and
understands that in reliance upon, and in consideration of, this subordination of the grant of
EASEMENTIEASEMENTS is being executed and delivered, the EASEMENTIEASEMENTS WARE
being created, and that specific monetary and other obligations are being and will be entered into by
the Easement Grantee, other lenders and title insurance companies which would not be made or
entered into but for said reliance upon the subordination; and
3 0811 7/98 Rev.
8992
3. This agreement represents an endorsement to the note secured by the deed of trust above mentioned
that said deed of trust has by this instrument been subordinated to the charge of the EASEMENnEASEMENTS in favor of
Easement Grantee above referred to:
Executed this 12 th day of L, Exec ted this ’ day of dU6Od 6,
19%.
BENEFICIARY: OWNER:
BANK ONE, ARIZONA, NA, a national banking CARLSBAD HHG HOTEL DEVELOPMENT, L.P.,
19&.
/ (name)
Its: K-Pc P~7?5,-d/Mt-
(&&yzpING CORPORATION
(authorized signature)
By:
>eon&& L. c~~~wtlk.
(name)
Its: SP/Ep7&!/
(title)
d BENEFICIARY must be attached.) Corporation
rducci, Secretary, Banc One Capital Funding
CHAIRMAN, PRESIDENT OR VICE-PRESIDENT AND SECRETARY, ASSISTANT SECRETARY, CFO OR ASSISTANT
TREASURER MUST SIGN FOR CORPORATIONS. OTHERWISE, THE CORPORATION MUST ATTACH A
RESOLUTION CERTIFIED BY THE SECRETARY OR ASSISTANT SECRETARY UNDER THE CORPORATE SEAL
EMPOWERING THE OFFICER(S) SIGNING TO BIND THE CORPORATION.
AUTHORIZING THE PARTNER TO EXECUTE THIS INSTRUMENT.
IF SIGNED BY AN INDIVIDUAL PARTNER, THE PARTNERSHIP MUST ATTACH A STATEMENT OF PARTNERSHIP
IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS SUBORDINATION AGREEMENT, THE PARTIES
CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO.
Approved as to form:
RONALD R. BALL, General Counsel
By:
i 4
CMWD 98-206
08/17/98 Rev.
BENEFICIARY: (continued from page 4)
BANK ONE, ARIZONA, NA, a national banking
Association
BY: LL&&
Cbrista Yearta
Corporate Assistant Secretary Bank One, Arizona, N.A.
8993
8994
EXHIBIT A
LEGAL DESCRIPTION
PARCEL A:
A PORTION OF LOT 49 OF MAP 11810, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO.
RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DElGO COUNTY ON MAY 19,1987.
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 49, SAID CORNER BEING ON THE
SOUTHEASTERLY RIGHT OF WAY LINE OF COLLEGE BOULEVARD: THENCE LEAVING SAID RIGHT
OF WAY LINE, SOUTH 63' 43' 33" EAST, 124.22 FEET ALONG THE NORTHEASTERLY LINE OF SAID
LOT49; THENCE LEAVING SAID NORTHEASTERLY LOT LINE, SOUTH 26' 16' 27" WEST, 25.00 FEET;
THENCE NORTH 63'43'33" WEST, 66.60 FEET; THENCE SOUTH 26' 16'27" WEST, 6.17 FEET:
THENCE NORTH 63' 43' 33 WEST, 20.00 FEET: THENCE NORTH 26' 16' 27" EAST, 6.17 FEET; THENCE
NORTH 63' 43' 33" WEST, 44.18 FEET TO A POINT ON THE SOUTHWESTERLY RIGHT OF WAY LINE
OF COLLEGE BOULEVARD, SAID POINT ALSO BEING THE BEGINNING OF A 2051 .OO FOOT RADIUS
CURVE CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF
0' 43' 19", AN ARC DISTANCE OF 25.85 FEET TO THE POINT OF BEGINNING, A RADIAL TO SAID
POINT BEARS NORTH 49' 22' 35" WEST.
Parcel B:
A PORTION OF LOT 49 OF MAP 11810, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DEIGO COUNTY ON MAY 19,1987,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 49, SAID CORNER BEING ON THE
SOUTHEASTERLY RIGHT OF WAY LINE OF COLLEGE BOULEVARD; THENCE SOUTHWESTERLY
ALONG SAID RIGHT OF WAY LINE, ALONG A 2051 .OO RADIUS CURVE, CONCAVE NORTHWESTERLY,
THROUGH A CENTRAL ANGLE OF 5' 52 32, A DISTANCE OF 210.32 FEET TO THE TRUE POINT OF
BEGINNING: THENCE, LEAVING SAID RIGHT OF WAY LINE, SOUTH 65' 33' 31" EAST, 87.80 FEET;
THENCE SOUTH 24' 26 29 WEST, 20.00 FEET; THENCE NORTH 65' 33' 31" WEST, 96.03 FEET TO A
POINT ON SAID SOUTHWESTERLY RIGHT OF WAY LINE OF COLLEGE BOULEVARD; THENCE,
NORTHEASTERLY ALONG SAID RIGHT OF WAY LINE, ALONG SAID 2051.00 FOOT RADIUS CURVE,
CONCAVE TO THE NORTHWEST, THROUGH A CENTRAL ANGLE OF 0' 11' 24", A DISTANCE OF 6.80
FEET TO THE TRUE POINT OF BEGINNING.
EXHIBIT A
PAGE 2 OF 2 8995
PARCEL C:
A PORTION OF LOT 49 OF MAP 11810, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO.
RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DElGO COUNTY ON MAY 19,1987,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 49, SAID CORNER BEING ON THE
SOUTHEASTERLY RIGHT OF WAY LINE OF COLLEGE BOULEVARD; THENCE SOUTHWESTERLY
ALONG SAID RIGHT OF WAY LINE, ALONG A 2051.00 FOOT RADIUS CURVE, CONCAVE
NORTHWESTERLY, THROUGH A CENTRAL ANGLE OF 6' 40 IO', A DISTANCE OF 238.74 FEET TO
THE BEGINNING OF A COMPOUND 25.00 FOOT RADIUS CURVE AT THE EASTERLY CORNER OF THE
INTERSECTION OF COLLEGE BOULEVARD AND FARADAY AVENUE, CONCAVE EASTERLY; THENCE
SOUTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 92' 29 58, A
DISTANCE OF 40.36'TO THE BEGINNING OF A COMPOUND, 11 58.00 FOOT RADIUS CURVE,
CONCAVE NORTHEASTERLY,SAID CURVE BEING THE NORTHEASTERLY RIGHT OF WAY LINE OF
FARADAY AVENUE; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, ALONG SAID
NORTHEASTERLY RIGHT OF WAY LINE, THROUGH A CENTRAL ANGLE OF 13'31' 12", A DISTANCE
OF 273.25 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID CURVE AND SAID
RIGHT OF WAY LINE, NORTH 31' 22' 52" EAST, 20.00 FEET TO THE BEGINNING OF A NON-TANGENT,
1138.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, A RADIAL LINE TO THE BEGINNING OF
SAID CURVE BEARS NORTH 31' 19' 07" EAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID
CURVE, THROUGH A CENTRAL ANGLE OF 3' 49 46", A DISTANCE OF 76.06 FEET; THENCE SOUTH
27' 34' 25" WEST, 6.00 FEET TO THE BEGINNING OF A NON-TANGENT, 1144.00 FOOT RADIUS
CURVE, CONCAVE NORTHEASTERLY, A RADIAL LINE TO THE BEGINNING OF SAID CURVE BEARS
NORTH 27' 29 22" EAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE OF 1 * 27' 19", A DISTANCE OF 29.06 FEET; THENCE SOUTH 26' 02' 03" WEST, 14.00
FEET TO A POINT ON SAID NORTHEASTERLY RIGHT OF WAY LINE OF FARADAY AVENUE; THENCE
NORTHWESTERLY ALONG SAID RIGHT OF WAY LINE OF FARADAY AVENUE, ALONG SAID 1158.00
FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, THROUGH A CENTRAL ANGLE OF 5' 17' 08, A
DISTANCE OF 106.82 FEET TO THE TRUE POINT OF BEGINNING.
EASEUENTS+@WON PRIVATE SEIER AND ORAtNAGE
CARLSBAD TRACT NO. 85-24, MAP NO. 11810.
r------
CMWD 98-206
"-I" A
"I c -I/ =I rn 3 7.
0. I
4 h2155'26' .g+.
f/ \a%
hi8'43'50' R=90.00' LOT 49 n. 4" MAP NO. 11810 %I '$1 01
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/ -. -.\. -.- 1 -, "-._, - AVENUE i.-.-.
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A = w'36'15'
A.P.N. 869-369-85
CMWD 98-206
8999
personally appeared eo ndd 1 ,. I enkine-
NAME@) OF SIGNER@) d personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the persow whose
name(s)@are subscribed to the within instrument and acknowledged to me that@&he/they executed the same in
aherltheir authorized capacityw and that byalherltheir signature(s) on the instrument the personw, or the entity
upon behalf of which the personb acted, executed the instrument.
WITNESS my hand and official seal.
(This area for official notary seal.)
Title or Type of Document L bordl ndrcsn PlGRd
Date of Document
Signer(s) other than named above
CMWD
06/14/95 Rev.
STATE OF TEXAS 1
1 COUNTY OF DALLAS }
On this eday of August, 1999, before me personally came Kevin M. Keefer and
Patricia S. Santini to me known, who, being by me duly sworn, did depose and say that
he is President and she is Vice PresidenVSecretary of Huntington Development
Company, Inc., the corporation described in and which executed the above instrument on
behalf of the corporation as the General Partner to Carlsbad HHG Hotel Development,
L.P.
No& Public in ‘md for the State
Of Texas
My Commission Expires: l</0+
STATE OF CALIFORNIA 1
personally appeared A ,A CI a. F/ OrJ
)(&sonally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person@ whose
name&?are subscribed to the within instrument and acknowledged to me that healthey executed the same in
hietheir authorized capacity(w, and that by his/@heir signature(%) on the instrument the person@J, or the entity
upon behalf of which the person($) acted, executed the instrument.
NAME(S) OF SIGNER(S)
WITNESS my hand and official seal
(This area for official notary seal.)
Title or Type of Document &-!or ca sOrn&
Date of Document 5 I . (49Y NO. of Pages 9
Signer(s) other than named above
- fgo9;Jac Gn
U
CMWD
06/14/95 Rev.
personally appeared
I NAME(S) OF SIGNER(S)
personally known lo me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) idare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person@), or the entity
upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
(This area for official notary seal.)
I .. .- .
CMWD
06/14/95 Rev.