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HomeMy WebLinkAbout; CARLSBAD RESEARCH CENTER; 81-309928; EasementRECORDCNG REQUESTED BY i- o' * a13 '4 * \ t AND WHEN RECOROED MAIL TO 'Ci.ty of Carlsbad 1 Nome 1200 Elm Avenue st^ Carlsbad, CA 92008 Addf.88 * r If 81-3di 2: L Jl r MAIL TAX ITATLYfNTS TO 1 I FILE / PAGE MC BOOK 1 RECORDED Rf TITLE INSURANCE I I Nom. StI..t City of Carlsbad OFFICIAL RI SEP 3 ( VERA L. AM,.,, 1200 Elm Avenue ciw L Carlsbad, CA 92008 SAN DlEGO cot Stot* L I I 3'.( 7 2 - 2 - r )3\ J RECORl ,\L .-> L2 SPACE ABOVE THIS LINE FOR RECORDERS US Partnership Grant Deed TO 1925 CA (12-76) THIS FORM FURNISHED BY TICOR TITLE INSURERS A. p. N./' \ ,< -r>< " 'Tf 2" flj The undersigned grantor(s) declare(s): 1; Documentary transfer tax is $ ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( X ) Unincorporated area: ( @ City of San Diego , and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, No Tax Due CARLSBAD RESEARCH CENTER a General partnership organized under the laws of the State of hereby GRANTS to THE CITY OF CARLSBAD a municipal corporation the following described real property in the Countyof Sari Diego , State of California: '* c 1. I A parcel of land being portions of Lots "F" and "G" of RANCHO AGUA HEDIONDA, County of San Diego, State of California according to and as shown on Partition thereof No. 823, filed in the Office of County Recorder of San Diego County, Nov 16, 1896, and being more 'particularly described on Exhibit "A" attached hereto a incorporated herein by this reference. (i) Non-delinquent Real Property Taxes and Special Assessments, if any: (ii) other liens, leases, easements, encumbrances, covenants, conditions and restrictions and other matters set forth in sub-paragraph 4 (a) of that certain and Sale Agreement and Escrow Instructions (Macario Canyon) dated August 26, 198 and between Carlsbad Research Center and the City of Carlsbad (''Agreement'') or w may be approved by the City of Carlsbad pursuant to sub-paragraph 4 (a) of the A ment; and, (iii) the right of first refusal set forth in parayraph 6 of the Aqreement SUBJECT TO: CARLSBAD RESEARCH CENTER, a CaliforniaGeneral Partnership B~ KOLL CARLSBAD ASSOCIATES, a General Partnership, General Dated: __ -~ -_ ~" STATE OF CALIFORNIA COUNTY OF On before me, the under- signed, a Notary Public in and for said State, personally appeared } ss. & - known to me to be of the partners of the I. partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. WITNESS my hand and official seal. c Signature (This area for official notarial seal) Titlo f3rrlc.t Nn FcPvnxw nv T nnn Nn I e ~ ~ ~~ ~~ @ ,n * : 8 8 9 a 3: z 4 =! 2, 02 IVI ZC 12 I pril :5! R m t I 0 f! $2 2is ga ’D m XY) mrn TI I- “I r2 0;i grn TY) rn D d rn * 8 z 8 9 z 2 4 P 2 0 C ln “I 3 “I 7 5 - Z ln C F 2 n m u 0- se ” 22 -cD m5 03 m I. Q’CJ I 0 0 5 - - s5 rjrn xrn 02 E: rI grn 06 n? rr! Ern TY) rn P C - 2 P 8 ;II 8 9 3 z 4 I 7 Pfii 7 ZC % u CZ v1B 12 n m 0- se 25 mx CD I. US Q’CJ I P =! 8 E 8 z < =! B2 55 3C 3 u 42 n m * .' -, r I \ * 8 1- 5 a CERTIFICATION FOR'ACCEPTANCE OF DEED . This is to certify that the interest in real property conveyed by the deed or grant dated September 29- 1981 from Carlsbad Research Center to the City of Carlsbad, California, a municipal corporat.ion, is hereby accepted by the City Counci1,of the City of Carlsbal California pursuant to resolution NO. 6678 , adopted on September 22, 1981 , and the grantee consents to the recordation thereof by its duly authorized officer. DATED: September 22, 1981 - By : I - 0 - State of California lss 8Id ,, County of l ., on September 22, 1981 f before me. Sharon K, Hawk 1 a Notary Public in and for said county and state, personally appeal B. E. Fipp , known to me to be the Vice Presidenl THE KOLL COMPANY, a California co'rporati'on, the Corporation that e: '. the within instrument and knowiYto me to be the person who execute( known to me' to be one of the general partners of Koll' Carlsbad Ass( a General Partnership, known to me to be one of the partners of 'Ca1 Resea.rch Center, A CalifornTa' Geh'e.,ra-1: Paitn'e'FshiE, that execute6- within instrument and acknowledged to me that such Corporation executed the same as such general partner and such general partners Executed the same as partner of YJar'ls'bad Re's'e'drch 'Cen'te'r f' a general partnership. within instrument on behalf of said corporation, said Corporation 2 / I ./Notary Public in and for said county and state . *" .I , i I .~ , .J.'Lrp,&.x .z y m b: 2 .I' ;,J+ I- %x>.+-.' -. *, $2 /@g$&\ r."@;,."".!.;<"~~ Si*;,&;?:'3r;: $ ;-:", 4L.k+:\:.7>:@2 ,b . c*. _,;&.k<? It i Icl y+.: - , ... ., J s 6 ?j-Fi g if Di : u. L L ,~?&<:f$-J;; >.<:'' $ ~Q~,~~I ~~~~~j;:~m~ ~~;~~c~ ji7 si ?+ ( 0 ~~.~~~.~~?~~~~-~~~~~~~ -, ,., ~ ,~ - :.,2rflis,3c E.. .. .' &-'G-k+L2"yTE$p&& -C - 'c i .>'a,> +&> 1 ,-: c ~. .,. VLC!{,L I GdL>C dS -. ? 7. ' 'I 3.5 a .I 826 a .. 4 b \ EXHIBIT "A" A PARCEL OF LAND BEING A PORTION OF LCiT F AIvD A PORTXi7N OF LOT G SF RAIVCHG AGUA HEUIOiJDAq IN THE COUNTY Ct SAN 01EGi3~ STA CAtIfoRf'iIAt ACCORDING TO MAP THEREOF t10- 823 ON FILE IQ THE OFFIC COUNTY iiECORDcR OF SAN DIEGO CCUNJYT OfSCRIdED AS FULtObJS: BtGlNhING AT POIVT 5 Of SAID LOT F; THENCE NORTH 3'29'11" WEST9 C THC WESTEKLY BOUVDARY OF SAii) LOT F9 167.78 FEET TO A POINT ON Tt TO iAIG POItJT BEARS SOUTH 55'03'22" EAST, THENCE: NCRTHERLY AtOK( ARC of SAID CURVE THRCIUG+i A CEhiTRAt AkGLE OF 7tY51'37f1 A DXSTAKCE 71-73 FEET TO SAID ~'EST€KLY BOclN3AKY; THE'JCET NOkTH 0'29*Lf** WES' 2392-42 FEET TC POIhT 8 Of SAIC LOT F; THENCE9 NO2TH 6'47'51" EA'! 1219060 FtET TO A PCINT ON THE NOKTHEKLY LINE OF SAIC LUT ET DIS1 OF A NONTANGErqT 581~~0 FOOT RADIUS CURVE9 CONCAVE WESTERLY A RADII SOUTH 87'23'24" EAST 2025m06 FEET FROM POINT 6 OF SAID LOT f; THt SOUTH 87'23'24" EAST 2417.19 FEET TO THE NOKTHkEST CORNER OF THE DfSCRI3ED If4 DEED T3 HOWARD Go KIRGIS9 ET UX-T RECORDED SiPTEMSfR 249 1957 IN BOOK 6761, PAGE 197 OF OFFICIAL RECORilS; Tt SOUTH 2'36'36" HEST 740-00 FEET Ti3 THE SOUTHWEST COKl'iEP OF SAXE 1 PROPERTY; THEXCEv SOUTH 87'23'24" EAST 1378.84 FEET TO THE SOUTH! .CORNER OF SAIU KIKGIS PRCJPEKTY; THENCE SOUTH L0°5d*35" East 1394# FEET fO PclIfuT I-% GF SAID LOT F; EEIW THE POST rJ@KTHEKLY COtiNER t DESCRIBED I& DEED TU So Lo KELLY KECOROEO FEBSUARY 31 1961~ KfCi3R.DER.S FILE NO0 20293; THENCE ALOhf THE NORTHEASTERLY LIh€ 01 KELLY'S LA%O SOUTH 5l0t)L'58'' EAST 1342-27 FtET; THENCE SOUTH 38'1 WEST 288-57 FEET; THENCE9 hdKTH 51'01'58" WEST L5Zoi)O FEET9 THEN( FEET 10 A POINT ON THE LOT LINE BETHEEN POINT 13 AND POINT 14 Of LOT F; THENCE, SCIUTH 63'14'04" WEST ALONG SAID LOT LINE 564.30 F( SCUTH 38'58'02" HEST 152-00 FEET; THEhC€ NORTH 51'01'58" d€ST 101 SAID POLNT 139 THENCE; SOUTH 40O4Z'i)e'' WEST 1584'54 FEET TC POIfi. SAIO LOT F; THENCE9 NORTH 89'46'41" WEST 646'96 FEET TC POINT 11 SAID LOT F; THENCE9 NORTH 59'47'49" WEST 1175-97 FEET TC POINT 11 SAID LOT F; THENCE9 SOUTH 7U'54'27@' HEST 546.55 FtET TC THE POI&' R€GI NMING. 1087328-L- A PAGE 1 -.: c e *. w TITLE INSURANCE AND TRUST A TICOR COMPANY Policy of Title Insul; .. . . . , . . .I ,,, ,, SUBJECT TO SCHEDULE B AND THE CONDITIONS AND STIPULATIONS HEREOF, TITLE INSURANCE AND TRUST COMPANY, a California corporation, herein called the Company, insures the insured, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs, attorneys’ fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by said insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on such title; 3. Unmarketability of such title; or 4. Any lack of the ordinary right of an abutting owner for access to at least one physically open street or highway the land, in fact, abuts upon one or more such streets or highways; and in addition, as to an insured lender only; 5. Invalidity of the lien of the insured mortgage upon said estate or interest except to the extent that such invalidii or claim thereof, arises out of the transaction evidenced by the insured mortgage and is based upon a. usury, or b. any consumer credit protection or truth in lending law; 6. Priority of any lien or encumbrance over the lien of the insured mortgage, said mortgage being shown in Schedule B in the order of its priority; or 7. invalidity of any assignment of the insured mortgage, provided such assignment is shown in Schedule 8. Title Insurance and Trust Company by +<& Copy of Policy No additional liability assumed President I ~ ..., ,?.,... .. ”e,. ,. . . .., . . , _” _,b . ..,. * 2 I ;,. . - I , ’, .. ’ .’ , ’ , , . . . - . ., , . , . . . . TO 1012 TILT (8.79) California Land Title Assoctatlon Standard Coversge Pollcy-1973 CAT I Schedule B Part I ., ,, .., . .,.s., ..,,~ ,,., ,.,,. ,& 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proyeedings, whether or not shown by the records of such agency or by the public records. I 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights; claims or title to water. 6. Any right, title, interest, estate or easement in land beyond the lines of the area specifically described or referred to in Schedule C, or in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing in this paragraph shall modify or limit the extent to which the ordinary right of an abutting owner for access to a physically open street or highway is insured by this policy. 7. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 8. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records. 9. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not shown by the public records and not otherwise excluded from coverage but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had been a purchaser or encumbrancer for value without knowledge. 10. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by making inquiry of the lessors in the lease or leases described or referred to in Schedule A. 11. The effect of any failure to comply with the terms, covenants and conditions of the lease or leases described or referred to in Schedule A. Conditions and Stipulations 1. Definition of Terms The following terms when used in this policy mean: (a.) “insured”: the insured named in Schedule A, and, subject to any rights or defenses the Company may have had against the named insured, those who succeed to the interest of such insured by operation of law as distinguished from purchase including, but not limited to, heirs, distributees, devisees, survivors, personal repre- sentatives, next of kin, or corporate or fiduciary successors. The term “insured” also includes (i) the owner of the indebtedness secured by the insured mortgage and each successor in ownership of such indebtedness (reserving, however, all rights and defenses as to any such successor who acquires the indebtedness by opera?ion of law as described in the first sentence of this subparagraph (a) that the Company would have had against the successor’s transferor), and further includes (ii) any governmental agency or instrumentality which is an insurer or guarantor under an insurance contract or guar- anty insuring or guaranteeing said indebtedness, or any part thereof, whether named as an insured herein or not, and (iii) the parties des- ignated in paragraph 2(a) of these Conditions and Stipulations. (b.) “insured claimant”: an insured claiming loss or damage hereunder. (c.) “insured lender”: the owner of an insured mortgage. (d.) “insured mortgage”: a mortgage shown in Schedule B, the owner of which is named as an insured in Schedule A. (e.) “knowledge”: actual knowledge, not constructive knowledge or notice which may be imputed to an insured by reason of any public records. (f.) “land”: the land described specifically or by reference in Schedule C, and improvements affixed thereto-which by law con- stitute real property; provided, however, the term “land” does not include any area excluded by Paragraph No. 6 of Part I of Schedule B of this Policy. (g.) “mortgage”: mortgage, deed of trust, trust deed, or other security instrument. (h.) “public records”: those records which by law impart con- structive notice of matters relating to the land. (CONDITIONS AND STIPULATIONS Continued on the inside of the Last Page of This Policy) /- ‘ a.-. -. a . - 8’ c Lw P CALIFORNIA LAND TITLE ASSOCIATION STANOARD COVERAGE PoCIcY - 1973 .. SCHEDULE A POLICY NU. G 1087328 AMOUNT : ~2~078~zaz~50 CHARGE : $49246025 EFFECTIVE DATE: SEPTEMBER 309 1981 AT 8:OO AIM- 1. NAME OF INSURED THE CITY OF CARLSEA09 A MUNICIPAL CORPORATION 20 THE ESTATE OR INTEREST IN THE LAND DESCRI8ED HEREIN AND HHICH IS COVERED BY THIS POLICY IS A FEE 30 THE ESTATE OR INTEREST REFERRED TO HEREIN IS AT DATE OF POL?CY VGSTED IN! THE CITY OF CARLSBADt A MUNICIPAL CORPORATION SCHEDULE B THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAHPGEr NGR AGAI%ST COSTST ATTORNEY'S FEES OK EXPENSESv ANY OR ALL Of dHICH ARISE BY REASON OF THE FOLLOWINGO PART I ALL HATTERS SET FORTH IN PARAGRAPHS NUMBERED 1 (ONE) TO 11 (ELEVE\ INCLUSIVE ON THE INSIDE COVER SHEET OF THIS POLICY UNDER THE HEAOI OF SCHEDULE B PART X - PART I1 lo GENERAL AND SPECIAL COUNTY TAXES FOR THE FISCAL YEAR '= 1981-82 A LIEN NOT YET PAYABLE- 20 AN EASEMENTI AS REFLECTED IN AN INSTRUMENT CREATING OR REAfFII SAID EASEHENTI AFFECTING THE PORTION Of SAID LAhD AND FOR THE PURPOSES STATED HEREIN9 AND INCIDENTAL PURPOSES IN FAVOR OF : SAN OIEGO GAS t ELECTRIC COMPANY FOR : POCESr WIRES AND ANCHORS RECOROEO : HAY 3. L9541 OOCUHENT NO- 583'169 IN BOOK 52259 P: AFFECTS : SAID EASEMENT IS DESCRIBED AS FOLLOUS: THE SOUTHWESTERLY LINE OF SAID RIGHT OF WAY SHALL BE PARALLEL HITI OF OFFICIAL RECORDS 1087328 PACE 1 w W FEET SOUTHWESTERLY MEASURED AT RIGHT ANGLES AND THE NORTHEASTERLY SAID RIGHT OF WAY SHALL BE PARALLEL WITH AND 150 FEET NORTHEASTERt MEASUREO AT RIGHT ANGLES FROM THE FOLLOWING DESCRIBEO LINE: BEGINNING AT A POINT ON THE WESTERLY LINE OF LOT "Fa RANCHO AGUA H AS SHOWN ON THE PARTITION MAP 823 FILED IN SAN CIEGO COUNTY WHICH BEARS SOUTH 8T25'ln EAST. A DISTANCE OF 2025008 FEET; THENCE SOU1 -RECORD SOUTH 0'32'00" EAST-, A DISTANCE OF 314.95 FEET FROM CORNE 6'48.36" WEST A DISTANCE OF 1218096 FEET; THENCE SOUTH (r26'L3" Eb nF SAID LOT w; THENCE FROU SAID POINT OF EECINNING, SOUTH 47O2i" EAST9 A DISTANCE OF 4165003 FEET; THENCE SOUTH S8°2S*28a EAST9 A C OF 7495011 FEET TO A POXNT ON THE SOUTHERLY LINE OF SA10 RANCHO A( HEOIONUA. OISTANT THEREON 486-95 FEET EASTERLY FROM THE INTERSECT1 THE WESTERLY LXNE OF SECTION 239 TOWNSHIP 12 SOUTH9 RANGE 4 HEST9 BERNARDINO MERXDIANt WITH THE SOUTHERLY LINE OF SAID RANCHO AGUA ). 3- AN EASEMENT. AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIP SAlD EASEMENT. AFFECTING THE PORTION Of SAID LAND AND FOR THE PURPOSES STATED HEREIN9 AND INCIDENTAL PURPOSES FOR f POLES. WIRES AN0 ANCHORS RECORDED : HAY 39 19549 DOCUMENT NO- 583119 IN BUOK 52259 QA AFFECTS : SAIO EASEMENT IS 100 FEET HIDE AND OfSCRlBED AS FC SEGINNING AT A POINT ON THE WESTERLY LINE OF LOT '"F" OF RANCHO AGL HEOIONDA AS SHOWN ON THE PARTITION MAP NO- 823. FILE0 IN THE OFFICE OF COUNTY RECORDER OF SAN OIEGO COUNTY. WHICH PCiNT SOUTH 8725'91" EASTv A DISTANCE OF 2025.08 FEET; THENCE SOUTH 6'4 &EST, A DISTANCE OF 1218.94 FEET; THENCE SOUTH V26.13" EAST -REO IN FAVOR Of : SAN OIEGO GAS t ELECTRIC COMPANY Of OFFIC IAL RECOROS SOUTH 0'32'00" EAST- A DISTANCE Of 737082 FEET FROM CORhER NO. 6 0 LOT "F"; THENCE FROM SAID P@INT OF BEGIMNINGT SOUTH 67'57'48" EAST DISTANCE OF 5723016 FEET; THENCE SOUTH 3V32'53a EAST A OISTANCE 0 2776096 FEET; THENCE SOUTH 43'08'53" EAST A DISTANCE Of 460039 FEE POINT ON THE SOUTHERLY LINE OF SAID RANCHO AGUA HEDIONDA. DISTANT 2612.64 FEET WESTERLY FROM THE INTERSECTION OF THE EASTERLY CINE 0 SECTION 229 TOWNSHIP 12 SOUTH9 RANGE 4 WEST9 SAN BERNAROINO HERIDI THE SOUTHERLY LINE OF SAID RANCHO AGUA HEOIONDA- EXCEPTING FROM THE ABOVE DESCRIBEO RIGHT Of UAY. ANY PORTIONS THER LYING WITHIN THE ABOVE DESCRIBED LANDS Of THE GRANTORS THEREIN. 4- AN EASEMENTI AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIR, SAID EASEMENT9 AFFECTING THE PORTION OF SAID LAND AN0 FOR THE PURPOSES STATE0 HEREIN9 AND INCIDENTAL PURPOSES IN FAVOR OF 2 SAN OIECO GAS t ELECTRIC COWANY FOR : FOtESt UIRES AND ANCHORS RECOROED : MAY 69 19% IN BOOK 52309 PAGE 131 OF OFFICIAL RCCI AFFECTS : SA10 EASEHENT IS DESCRIBED AS FOLLOWS: 10 87328 PAGE 2 ~.) w SAID EASEMENT BEING LOO FEET IN WIDTH^ THE CENTER CINE 13~ Sam EAS RIGHT OF WAY IN THE AFORESAID LANOS IS PARTICULARLY DESCRIBED AS F BEGINNING AT A POINT ON THE HESTERLY LINE OF LOT "Fa OF RANCHO AGU HEOIONOA9 AS SHOWN ON THE MAP NO, 823 ON FILE IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTYt RECORD Of WI. POINT BEARS SOUTH 87'25'01" EAST A OISTANCE OF 20Zfi.08 FEET; THENC 6*48'36" MEST A OISTANCE OF 1218096 FEET; THENCE SOUTH P26'13" El -RECORO SOUTH O03t'OOY EAST- A DISTANCE OF 737082 FEET FROM CORNER OF SAID LOT "F"; THENCE FROM SAID POINT OF BEGINNING9 SOUTH 4FS7' EAST, A DISTANCE OF 5723016 FEET; THENCE SOUTH 39*32'53" EAST A Dl OF 2776096 FEET; THENCE SOUTH 43O03'53" E4ST A DISTANCE OF 460.39 A POINT ON THE SOUTHERLY LINE OF SAID RANCHO ACUA HEDIONDAI DISTAf' THEREON 2612084 FEET UESTERLY FROM THE INTERSECTION OF THE EASTER4 OF SECTION 221 TOWNSHIP 12 SOUTH9 RANGE 4 WEST1 SAN BERNARDINO HEF WHICH IS THE SOUTHERLY LINE Of SAID RANCHO AGUA HEDIONDA- THE SIDE LINE Of THE ABOVE DESCRIBED RIGHT OF HAY SHALL BE LENGTH1 SHORTENED SO AS TO TERMIVATE SAID CINE IN THE BOUNDARIES OF THE Af OESCRIBED PROPERTY- EXCEPTING FROM THE ABOVE DESCRIBED RIGHT Of MAY. ANY PORTION THERi LYING WITHIN THE AElOVE DESCRIBED LANOS Of THE GRANTORS HEREIN' S- AN EASEMENT, AS REFLECTED IN AN INSTKUWENT CREATING OR REAFFIF SA10 EASEMENT- AfFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN1 AND INCIDENTAL PURPOSES IN FAVOR OF : SAN OIEGO GAS C ELECTRIC COMPANY FOR r POLES- WIRES AND ANCHORS KECOROED : SEPTEMBER 28t 1954 DOCUMENT NO0 129278- IN BOOK 5: 93 OF OFFICIAL RECORDS AFFECTS : SAID EASEMENT IS DESCRIBED AS FOLLOWS: BECINNLNG AT 4 POINT ON THE uESTERLY LINE OF LOT -Fn OF SAID RAW1 HEOIONDAI DISTANT THEREON 698048 FEET SOUTHERLY FROM POINT 8 OF SI "F"; THENCE NORTH 87*!55*28" EAST A DISTANCE OF 451.77; THENCE SOU' 5T21'32" EAST1 A DISTANCE OF 942-28 FEET0 60 AN EASEMENit AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFII SAID EASEMENT1 AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN9 AND INCIDENTAL PURPOSES IN FAVOR OF : SAN OIEGO GAS & ELECTRIC COMPANY f OR : POLES, WIRES AEID ANCHORS RECOROEO : SEPTEMBER 279 1957 OOCUHENT NO0 1+76721 IN BOOK 6 AFFECTS : THE ROUTE OF SAID EASEMENT IS DESCRIBED AS FOLLOW' THE SOUTHWESTERLY LINE OF SA10 RIGHT OF WAY SHALL BE PARALLEL WIT1 FEET SOUTHWESTERCYI MEASURED AT RIGHT ANGLES AND THE NORTHEASTERL' OF SAID RIGHT OF WAY SHALL BE PARALLEL WITH AND 106 FEET NURTHEAS' MEASURED AT RIGHT ANGLES FROM THE FOLLOWING DESCRIBED LINE: 25 OF OFFlCIAL RECORDS 1087328 PAGE 3 v rn BEGINNING AT A POINT ON THE WESTERLY LINE Of SAID LOT "fa OF RANCt- HEOIONOAT ACCORDING TO PARTITION PAP THEREOF NO. 823 ON FILE * IN THE OFFICE OF COUNTY RECOWDER OF SAN O'ZEGO COUNTY9 WHICH POiNT SOUTH 87'25*01" EAST? A DISTANCE OF 20ot5o08 FEET; THENCE SOUTH 6- UEST9 A DISTANCE OF 1218-96 FEET; THENCE SOUTH r26.13" EAST -RKC SOUTH 0'32'00" EAST-9 A DISTANCE OF 1047085 FEET FROM CORNER NO. t LOT "F"; THENCE FROM SAID POINT OF BEGINNINGv SOUTH 34-44'58w EA51 DISTANCE OF 1663.45 fEEf; THENCE SOUTH 28*51*09* EAST A OfSTAlvCE ( 5474083 FEET TU A POINT ON THE SOUTHERLY LINE OF LOT "G" OF SAID f OF RANCHO AGUA HEOXUNDA, ACCORDING TO SAID MAP NO. ent WHICH PcIr CORNER of SAID LOT -wr SAID CORNER BEING ALSO KNOW AS CORNER Na. SOUTH 89°55'59" EAST9 A DISTANCE OF 3427040 FEET FROM THE SOUTHWE! SAID LOT "G"- THE SIDE LINES OF THE ABOVE OESCRIBEO RIGHT OF WAY SHALL BE LENGTI AND/OR SHORTENED SO AS TO TERMINATE SAID LINES IN THE BOUNDARIES ( A3OVE DESCRIBEO PROPERTY- 7. COVENANTS9 CONDITIONS AND RESTRICTIONS IN THE DEED EXECUTE0 BY : TlfLE INSURANCE AND TRUST COMPANY RECORDED z JUNE 109 19609 RECORDER'S FILE NO. 118922 RESTRICTIONS. If ANY9 BASED ON RACE9 COCORt RELIGION OR NATI'JNAL ORIGIN ARE DELETED. rlHLCt-4 PROVIDE THAT A VIOLATION THEREOF SHALL NOT DEFEAT OR RENDER INVALID THE LIEN OF ANY MORTGAGE OR OEED OF TRUST HADE IN GO30 FAITH AND FOR VALUE0 80 AN EASEMEhlT. AS REFLECTEO IN AN INSTRUMENT CREATING OR REAFfIl SAID EASEMENT^ AFFECTING THE PORTION OF suo LAND AND FOR THE PURPOSES STATED HEREINt AND INCIDENTAL PURPOSES IN FAVOR OF Z EMILY KO SWXTTERSr Ro DEWEY KELLY. MAKINE To SHITI CONSIOINE IN HER REPRESEN~ATIVE CAPACITY AS EXECU THE ESTATE Of GENEVIEVE KELLY9 DECEASE0 BARBARA JEAN KO HIGDONI GRAHAM no KELLY AND THALI, FOR f STREET9 HIGHWAY AN0 PUBLIC UTILITY PURPOSES RECORDED z JANUARY 187 19619 RECORDER'S FILE NO. 9570 AFFECTS : THE SOUTHEKLY BOUNDARY LfYE OF SA10 30 FOOT EASEH DESCRIBED AS FOLLOWS: BEGINNXNG AT A 2-INCH IRON PIPE WITH BRONZE CAP MONUMENTING THE C CORNER OF LOTS F9 G AND H OF RANCHO AGUA HEDIONOA. ACCORDING Til T fARTITION HAP THEREOF NO- 823s FILED IN THE OFFICE OF COUNTY RECO SAN DIEGO COUNTY9 NOVEMBER 16t 18961 SAID CORNER BEING CORNER 12 PIPE MARKING CORNER 11 OF LOT G -CORNER 10 OF F- NORTH 71°ZS0 EAS PIPE MARKING CORNER LO OF LOT G -CORNER 11 OF F- (SOUTH 5T45' EA HONUMNETING CORNER 9 OF LOT G (CORNER 12 OF f 1 -NORTH 1943' EAST AND CORNER 9 OF LOT F; THENCE NORTH 7V56'O6' EAST 546-73 FEET 70 FEET PER MAf 823-; THENCE SOUTH 5T47.49" EAST 19175-89 FEET TO A FEET PER MAP 823-; THENCE SOUTH 8746'32" EAST 646090 FEET TO A L 1087328 PACE 4 v - PER MAP 823" SAID 30 FOOT HIDTH OF EASEMENT SHALL BE MEASURED AT RIGHT ANGLES 1 AFORESAID VARIOUS COURSES ALONG THE SOUTHERLY BOUNDARY THEREOF, fb NORTHERLY BOUNDARY OF SA10 EASEMENT TO BE SHORTENEO OR LENGHTENED NECESSARY TO INTERSECT THE WESTERLY BOUNDARY Of LOT f BETWEEN COi AND 13 THEREOF o THE PRIMARY COURSES AND DISTANCE HEREINABOVE GIVEN AKE THOSE APPEARING UPON RECORD OF SURVEY NO. 5715, RECORDED IN THE OFFICE OF COUNTY RECORDER aF SAN OIEGO COUNTY, DECEMBER w SAID INSTRUMENT, AMONG OTHER THINGS, PROVIDES GRANTOR HEREBY FURTHER GRANTS TO SAID GRANTEES* THEIR HEIRS AN1 DEVISEES, SUCCESSORS AND ASSIGNS, THE CONTINUING RIGHT OF GRAN' EASERENTS FOR PUBLIC UTILITY USES AND PURPOSES IN, UNDER- OVER ACROSS SAID EASEHENTr AND TO DEOXCATE THE SAME FOR PUBLIC STREI HIGHWAY PURPOSES; RESERVING AND EXCEPTING, HOWEVERr TO CRAFtTOR AND XNDEPEWDENT RIGHT TO GRANT SUCH UTILITY EASERtNTS THEREIN , DEDICATE SA10 EASEMENT- THE EASEMENTS AND RIGHTS HEREIN GRANTED TO GRANTEES ARE AND SH1 APPURTENANT TO LANDS OR INTIiRESTS THEREIN OF THE GRANTEES, THE AND DEVISEES? SUCCESSORS AND- ASSIGNS* INDI VIDUALLY AND COLLECT IN AND TO ALL LANDS OR INTERESTS THEREIN OWNED BY THEM OR ANY I IN fiITHER LOTS f OR G OF KArJCHO AGUA HEDIONOA- GRANTOR FURTHER EXPRESSLY EXCEPTS AND RESERVES THE RIGHT Of CO USE OF SAID EASEMENTI AN0 TO GRANT TO OTHERS SIMILAR NON-CUNFL RIGHTS THERE IN- THIS EASEMENT AN0 OTHER RIGHTS HEREIN GRANTED ARE GRANTED IN P CONSIDERATION OF THE HAIVER 8Y1 AND EXTINGUISHREM OF ANY AND PRESCRIPTlVfi OR ANCIENT ROADHAY RIGHTS AND EASEMENTS HELD BY Ci OR ANY OF THE# IN SAID "DESCRIPTION NO- 2" LANDS OUTSIDE OF TH BOUNDARIES OF THIS .EASEMENT* IT BEING AGREED THAT THIS EASEPE CORRECTLY DESCRIBES A PORTION CF AN ANCIENT COMMON ROADWAY; AN ACCEPTANCE OF THIS GRANT OR EXERCISE OF ANY RIGHT OR BENEFIT G HEREBY? BY ANY GRANTEE9 HIS HEIR OR OEVfSfE? SUCCESSOR OR ASS1 BE AND CONSTITUTE CONCLUSIVE EVIDENCE OF SUCH WAIVER AN0 EXTIN AS TO SUCH PERSON SO ACCEPTING OR EXERCISING ANY SUCH RIGHT OR 90 AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFI SAID EASEMENT9 AFFECTING THE PORTION of SAID LAND AND FOR THE PURPOSES STATED HEREINI AND INCIDENTAL PURPOSES IN FAVOR Of : SAN OIEGO GAS & ELECTRIC COMPANY FOR : POLES, HIRES AN0 ANCHORS RECORDED : MAY 111 1961, RECORDER'S FILE NO* 81362 Af FELTS : AN EASEMENT AND RIGHT OF WAY HITHIN THAT CERTAIN 1087328 PAGE 5 .. v m STRIP- THE CENTER LINE OF WHICH IS PORE PARTICULAF DESCRIBEC AS FOLLOHS: BEGINNING AT CORNER NU- 17 OF SAIO LOT "F"T 6EING ALSO CORNER NO0 "G" OF SAID RANCHO AGUA HEOIONUAt AS SHOW?I ON SAID HAP NO- 823; TI NORTH 6V29.30" EAST -RECURD NORTH 79'20' EAST, MAP NO- 823- ALON( EAST PROLONGATION OF THE SOUTHERLY LINE Of SAIO LOT "FH9 70-19 FEE THENCE NORTH 38-35' NEST IRECORD NORTH 38-47' HEST RECORD OF SURVf 682) 30031 FEET; THENCE SOUTH 79'17'30" WEST (RECORD SOL1TH 79-42.; DEED, ALONG A LINE PARALLEL kITH AN0 460.00 FEET NORTHERLY9 HEASUf RIGHT ANGLES9 FROM THE NORTHERLY LINE OF THOSE CERTAIN PARCELS OF OESCRIBED IN DEEOS TO THE COUNTY OF SAN OIEGOI A POLITICAL SUBOIVl THE STATE OF CALIFORNIA. RECOPOEO FEeRUARY 17~ 1958 IN EOOK 6952~ AND JUlYE 239 1958 IN BOOK 71339 PAGE 416 OF OFFICIAL RECORDS OF Si COUNTY OF SAN DIEGOT AS SAID LINE IS MONUMENTED BY THE COUNTY Of 1 DIEGO ON THE GROUND AS Of THE OATE Of THIS XNSTRUMENT A DISTANCE I 5~461-07 FEET; THEhrCE NORTH 56m12' uESTT 891076 FEET; THENCE SOUTl 79'19'15" MEST. 902-66 FEET; THENCE NORTH 8V47'07" kEST9 1~68301 THENCE NORTH 74-59'30'' UESTT 58-02 FEET TO A POINT ItJ THE SOUTHEA! LINE OF SAID LOT "F"9 DISTAQT THEREON NORTH 6T 18'tS" EAST (RECOKI 62-0U' EAST9 MAP NO- 8231 11-29 FEET FROM CORNER NO- 13 Of SAID LC BEING ALSO CORNER NO* 8 OF SAX0 LOT "G" OF SAID RANCHO AGUA HEDIOI THE SIOE LINES OF THE HEREINBEFORE DESCRIBEO RIGHT Of MAY 20 FEET WIDTH9 SHALL BE LENGTHfNED AND/OK SHORTENED SO THAT SAIO SIDE LINi BE CONTINUOUS AND SHALL TERMINATE IN THE BOUNDARIES Of THE ABOVE I LANDS i)F THE GRANTOR HEREIN- 100 Ati EASEMENTr AS REFLECTEO IN AN INSTRUPENT CREATING OR REAFF' SAID EASEHENTI AFFECTING THE PORTION OF SAID LAND AN0 FOR THE PURPOSES STATED HEREIN9 AND INCIDENTAL PURPOSES IN FAVOR OF : SAN ClEGO GAS C ELECTRIC COMPANY FOR : GAS PIPE LINES RECOROEO : MAY 151 1961~ RECORDER'S FILE NO- 82981 AFFECTS : THE CENTER LINE OF SA10 20 FOOT EASEMEhT AND RLGH' IS PARTICULARLY DESCRIBEO AS FOLLOWS: BEGINNING AT A POINT IN THE SOUTHEASTERLY LINE OF SAID L;IT "Fa, 0 THERtON NORTH 63' 18'25a EAST (RECORD NORTH 62'00' EAST9 MAP NO- 8 FEET FROM CORNER NO. 13 OF SAID LOT "Far BEING ALSO CORNER NO- 8 1 LOT mGa OF SAID RANCHO AGUA HEDIONDA; THENCE NORTH 74*59'30n WEST FEET; THENCE SOUTH 68-15' WEST (DEED SOUTH 88'08'33a WEST) ALONG PARALLEL WITH AND 10000 FEET SOUTHERLY9 MEASURED AT RXGHT ANGLES SOUTHERLY BOUNOARY LINE OF THAT PARCEL OF LAND CONVEYED TO J- BLA ET ALI BY OEEO RECORDED JUNE LO+ 1960. AT RECORDER'S FILE NO- 11 OF OFFICIAL RECOROS OF SAID COUNTY Of SAN DIEGO+ A DISTANCE OF 41 FEET; THENCE NORTH 6T43'30" EAST (DEED NORTH 67 ~LI'MP HEST! At0 PARALLEL WITH AND 10-00 FEET SOUTHUESTERCYI MEASURED AT RIGHT ANG THE SOUTHWESTERLY BOUNDARY OF SAID QACE LAND9 A OISTANCE OF 67000 THENCE LEAVING SAID SOUTHHESTERLY BOUNDARY CINE AMI CONTINUING NO 6r43'3on WEST. A DISTANCE OF ~711.t~ FEET; THENCE NORTH a3-19'15 1087328 PAGE 6 - w 376-08 FEET TO THE WESTERLY LINE Of SAID LOT "f"9 BEING ALSO THE Ed LINE Of LOT =H" OF SAID RANCHO AGUA HEDIONDAp DISTANT THEREON NORTI 0'23'30' UEST (RECORD NORTH 0'32' HEST) 50.10 fEfT FROM THE SOUTHE CORNER OF Law DESCRIBED IN OEED TO SAN DIEGO GAS G ELECTRIC cow A CORPORATIONv FILE0 IN THE OFFICE Qf COUNTY RECORDER .OF SAN OIEGO OATEO APRIL 159 1952 AN0 RECORDED MAY ZT 1952- AS WCUPENT NO- 54 IN BOOK 4456, PAGE 49 OF OffICIAC RECOROS OF SAID COUNTY Of SAN 01 THE SIOE LINES OF THE HEREINBEFORE DESCRIBED RIGHT OF WAY9 20 FEET HIOTHI SHALL BE LENCHTENED A&D/OR SHORTENEO SO THAT SAIO SIOE LINE BE CONTINUOUS AND SHALL TERMINATE IN THE BOUNDARIES i3F THE ABOVE 0 LANDS OF THE GRANTOR HEREIN- EXCEPTING FROM THE ASOVE DESCRIBED RIGHT OF WAY ANY PORTION THERE0 LYING kITHIN THE ABOVE DESCRISED LANDS OF THE GRANTOR HEREIN. 110 AN EASEMENT9 AS REFLECTED IN AN INSTRUMENT CREATING OR REAfFI SAID EASEMENTr AFFECTING THE PORTION Of SAID LAND AND FCR THE PURP3SES STATED HEREIN9 AND INCIOENTAL PURPOSES IN FAVOR Of 2 TITLE INSURANCE AVO TRUST COMPANY- A CALIFORYIA FUR : ROAD9 SEhER9 WATER9 GAS. POWER AND TELEPHONE LIN€S CORPORATION APPUKTEQANCES THERETO RECOROfD : DELIEMBER 69 19619 REC05DERD5 FILE N3r 210609 AFFECTS 2 THE NORTHWESTERLY 30 FEET OF PARCEL 3 12- AN EASEMENT? AS REFLECTEO ih( AN INSTRUMENT CREATING OR REAFFI SAID EASEMENT9 AFFECTING THE PORTION OF SAID LAND AND FUR THE PURPOSES STATED HEREIN9 AND INCIDENTAL PURPOSES IN FAVOR Of : CARLSBAD MUNICIPAL XATER OISTRICTt A MUNICIPAL biAT F OK : INGRESS AND EGRESS RECOROED : JULY 27, 19621 RECORDER'S FILE NO- 127706 AFFECTS : ALL THAT PORTION Of RANCHO AGUA HEDIONOAT IN THE C CIF SAN OIEGO, STATE OF CALIFORNIAT ALCORDING AND A ON PARTITION MAP THEREOF NO- 8239 FILfO IN THE OFF COUNTY RECOROER OF SAN OIEGO COUNTYI NOVEMBER L69 DISTRICT dOUNOEO AND DESCRIBED AS FOLLOdS: BEGINNiNG AT A QOTNT ON THE NORTHERLY LIFlE OF PORTION OF LOT wF" C FEET FROM CURNfR COMMON TO LOTS "F"T "H" ANC "i" Of SAIO RANCHO AG HEOIONOAT SAID CORNER BEING KNOWN AS POINT 6 OF LOT "far SAID POIN RANCHO AGUA HEDIONOA~ WHICH POINT IS DISTANT SOUTH 87'2S'01n EAST BEGINNINC; BEING ALSO THE NORTHEAST CORNER OF THE LANO DESCRIBED IN SAN DIEGO GAS & ELECTRIC COMPANY9 A CORPORATIONt FILED IN THE OFF1 THE REGISTRAR OF LAND TITLE+ JUNE 169 19539 AS OOCUMENT NO- 30674 ALONG THE EASTERLY BOUNDARY OF SAID SAN DIEGO GAS & ELECTRIC COMPA LANOT SOUTH 6.48.56" UEST 1218.96 FEET TO A STONE MOUND KNOWN AS fJ OF SAID LOT "F"T SAID POINT ALSO THE SOUTYEAST CORNER OF SAID SAN GAS & ELECTRIC COWPANYoS LAND; THENCE ALONG THE EASTERLY LINE OF T 1087328 PAGE ? w w DESCRIBED IN DEED TO CHARLES CIIo PARTRIDGE* RECORDED AUGUST 6t k913 623+ PAGE 135 of= DEEOS. ~2~3.00 fEET TO A STONE HOUND KNOW AS PorN THENCE NORTH 71-25' EAST 547.00 FEET TO A STONE MOUND KIVUNN AS POIN THENCE SOUTH 59-45' EAST 1180-00 FEET TO A STOrYE MOUND KNOWN AS POI THENCE NORTH 7CT43* EAST 647.00 FEET TO A STONE MOUND KNOWN AS POfN THENCE NORTH 30'53' EAST 1587.00 FEET TO A STONE WUNO KNOWN AS POI THENCE NORTH 62' EAST 1154000 FEET TO A STONE MOUND KYOkN AS POINT THENCE ON A OIRECT LiNE NORTHERLY TO A STONE MOUNO KNOWN AS POINT 5 THENCE NURTH 87*25*01a UEST ALONG SAID NORTHERLY 11NE OF A PORTION LOT "fa FIRST ABOVE MENTIONEO TO THE POINT Of BEGINNING- EXCEPT THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT POIVT 5 OF SAID LOT Vm; THENCE ALONG THE NORTHERLY LI SAID LOT "fa NORTH 87'25'01" WEST lZ0OmOO FEET; THENCE AT RIGHT ANG SOUTH 2'34'59" W€ST 740*00 FEET; THENCE PARALLEL WITH SAID NORTHEKL SOUTH d7'25°01Y EAST 1400100 FEETI MORE OR LESS? TO A PGINT IN A ST LINE WHICH CONNECTS POINTS 5 AN0 14 OF SAID LOT "Fa; THENCE QORTHER ALONG 5AID STRAIGHT LINE TO THE POINT OF BEGINNING- ALSO EXCEPT THEREFROM THAT CERTAIN PORTION OF LOT nF" OF RANCHO AGCl HEDIONDA, ACCORDIWG TU MAP THEREOF NO- 823, FILED IN THE OFFICE OF RECORDER OF SAN DIEGO COUNTY~ DESCRIBED AS Fouw: dEGINNIhiG AT A POINT ON THE NORTHERLY aOUNDARY LINE OF SAID LOT "F" CORNER OF SAID LOT "F" SHOWN AS POINT 5 UF SAID LCT "F" ON MAP NO. THEYCE AT RIGHT ANGLES TO SAID NORTHERLY BOUNDARY LINE SOUTH r34.C DISTANT THEREON NORTH 87'25'56'' WEST LZOOoOO FEET FROM THAT CERTAIh HEST 740000 FEET; THENCE ALONG A LINE PARALLEL WITH SAID NORTHERLY BOUNDARY &IN€? SOUTH 87'25'56" EAST 507.93 FEET; THENCE AT RIGHT Ah SOUTH 2'34'04" HEST 1803037 FEET; THENCE SOUTH 88-08'33" HEST 365.3 THENCE NORTH 67'50'06a WEST 670.03 FEET; THENCE NORTH 4P 36'04'' WES L215*96 FEET; THENCE rJORTH L4°51'5j" WEST 1577oLT FEET TO A POINT C ABOVE-MENTIONED NORTHERLY BOUNDARY LINE OF SAID LOT "Fa; THENCE ALC NORTHERLY BOUNOARY LINE SOUTH 87-25'36" EAST 1837.17 FEET TO THE PC BEGINYING, EASEMENT TO BE ALSO TOGETHER UITH THE RIGHT OF INGRESS THERETO AN0 THEREFROM BY AN0 OVER A PRACTICAL ROUTE- SAID DEED OOES NOT CONTAIN THE LOCATION OF SAID EASEMENT- 13- AN EASEMENTS AS REFLECTED IN AN XNSTRUMENT CREATIhG OR KEAFFIF SAID EASEMENT* AFFECTING THE PORTION OF SAID LAND AN0 FOR THE PURPOSES STATED HEREIN? AND INCIOENTAL PURPOSES IN FAVOR OF : CARLSBAO WNICIPAL WATER OISTRICT FOR f PIP€LINE RECORDED t JULY 27r L962. RECORDER'S FILE NO. 127707 AFFECTS : THE CENTER LINE OF SA10 20 FOOT EASEMENT OF RIGHT ( IN THE AFORESAIO LAND IS PARTICULARLY OESCRIBEO AS FOCLO+dSt 1087328 PAGE 8 W w BEGINNING AT POINT 11 OF LOT FT BEING ALSO POINT 10 OF LOT GT PARTI RANCHO AGUA HEOIONOA, AS SHOWN ON SAID MAP NO- 823; THENCE ALONG TH aOUNDARY OF SAID LOT FT SOUTH 89'13'38* EAST 647-02 FEET TO POINT 1 SAID LOT F; THENCE LEAVING SAIO LOT F BOUNDARYT NORTH O'Q6'22" EAST FEET; THENCE SOUTH 8V13'30" EAST 50mOO FEET TO THE TRUE POINT OF BEGINNING; THENCE RETRACING NORTH 8V13'38" HEST 50.00 FEET AND CONTINUING NORTH 89'13*38" WEST ALONG A LXNE PARALLEL WITH AN0 10-0 NORTHERLY LIF THE BOUNDARY COURSE CONNECTING SAID POIrJTS 11 AN0 12 C LOT F 644-35 FEET; THENCE ALONG A LINE PARALLEL HITH AN0 10-00 FEET NORTHEASTERLY of THE BOUNDARY COURSE CONNECTING PaINTs 10 AND 11 OF LOT f NORTH 5VlE*S7" UEST lL77-90 FEET; THENCE ALONG A LINE PAPALC WITH AND 10,tl)O FEET NuORTHERLY OF THE BOUNDARY COURSE CONNECTING POI AND 10 OF SAID COT F9 SOUTH 71'32'20" HEST 558032 FET; THENCE NORT 7L'32*28m EAST 27.65 FEET; THENCE NORTH 18'27.32" WEST 99-62 FEET- A STRIP OF LAND 20 FEET IN WIOTHw LYING 5 FEET TCJ THE LEFT 4ND 15 F THE RXGHTT LOOKING IN THE DIRECTION OF THE TRAVERSE OF THE FOLLCkIN DESCRI6)ED LINE: dEGlNNING AT POINT 9 OF LOT GI BEING ALSO POINT 12 OF LCT Fv PARTIT RANCHO AGUA HEDIONDA9 AS SrlOwN ON PARTLTION HAP THEREOF NO- 8239 FI IN THE OFFICE Of COUNTY RECORDER OF SAN OXEGO COUhTYt NOVEMBER 169 THENCE NORTH 8'T46*32" UEST ALONG THE COMMON KJUNOARY dETWEErY SAID THENCE LEAVING SAID COMMON 8ilUIYDARY BETWEEN LOTS F AVO GI NORTH 40' tAST 1L36.42 FEET; THENCE'YOKTH 2'35*38" EAST 460000 FEET- AND G AS SHOWN ON SAID YAP 823~ 19-68 FEET TO THE TRUE POINT OF 6EG THE BASIS OF BEARINGS FOR THIS DESCRiPTION IS THE COMVCJFi BOUNOARY E SAID LOTS F AN0 G EXTENOING FROM THE COMMON POINT 3 LOT C AN0 12 LC THE COMMON POINT 10 COT G AND 11 LOT F AT 8946.32" ST AS SHOkhr C KECOKO OF SURVEY NO- 5715 FILED IN THE OFFICE OF COUNTY RECORDER Of DIEGO COUNTY9 CALIFORNIAo 14- AN EASEHENTI AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIF SAID EASEMENTI AFFECTING THE PORTION OF SAID LAND AND FUR THE PURPOSES STATED HEREINT AND INCIDENTAL PURPOSES IN FAVOR OF t SAN OIEGO GAS & ELECTRIC COMPANY F OR : POLEST WIRES AND ANCHORS RECORDED : AUGUST 8, 19629 RECORDER*S FILE NO- 135132 AFFECTS : WITHIN THAT CERTAIN 12 FOOT STRIP OF !.Ah01 f3EING 6 EACH SIDE OF THE FOLLOWING DESCRIBE0 CENTER LINE: COMMENCING AT POINT NO- 8 OF SAID LOT "Gar WHICH BEARS SOUTH 62.00' FROM POINT NO- 7 OF SAID LOT @'G"; THENCE FROM SAID POINT NO- 89 NOF 74'25*+7a HEST9 224.44 FEET; THENCE NORTH 83-09*09n EAST9 128063 FE THENCE NORTH 63°12'09a EAST 554-67 FEET; THENCE NORTH BCT 31*54" EA! 328.62 FEET TO THE TRUE POINT OF BEGINNING Of SAID CENTER LINE OF f OF WAY; THENCE FROM SAID TRUE POINT OF BEGINNING. SOUTH 8P31'54* b 303.62 FEET; THENCE NORTH lS0O7*59" WEST TO THE NORTHWESTERLY LINE HEREIN DESCRI8ED PROPERTY- 1087328 PAGE 9 'W -. .: AS- AN EASEMENT+ AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFlP SAID EASEHENTI AFFECTING THE PORTION OF SAID LAW AND fCR THE PURPOSES STATED HEREIN+ AND INCIOENTAL PURPOSES IN FAVOR OF : SAN DIEGO GAS I; ELECTRIC COMPANY FOR : POLES9 WXRES AND ANCHORS i4ECORDED Z AUGUST 8, 1962. RECORDER'S FILE NO- 135140 AFFECTS : THE RIGHT OF WAY THEREOF IS PARTICULARLY DESCRIBED f OLt OWS : A STRIP dF LAND 12-00 FEET IN WIDTH+ BEING 6-00 FEET ON EACH SIDE E FOLLUHING DESCRIYED CENTER LINE: COMMENCING AT POINT 13 Of SAID LOT "F", SA10 POINT BEING POINT 8 01 "G" ilF SAID RANCHO AGUA HEDIONOA9 SAID POINT BEARS SUUTH 62'00' HE! POINT 14 OF SAID LOT "F"; THENCE FROM SAID POINT 139 NORTH 74.25'4: CIF PEGINNING OF SAID CENTER CINE OF RIGHT OF WAY; THENCE FROY SAID POINT OF BEGINNING+ NORTH 80'0l'Sb" EAST+ 303-62 FEET- ALSO: SEGINNING AT SAID TRUE POINT OF BEGfNNIhrG; THtNCE SOUTH 63' HEST+ 554.67 FEET TO A POINT HEREINAFTER KNUHW AN0 DESIGNATED AS P( "A"; THENCE SOUTH i$3°09'09a wEST9 244042 FEET TO A PllINT HEREINAFT1 224.44 FEET; TYENCE NORTH 63'LL'09" EAST, 554-67 FEET TO THE TRUE I AN0 OESIGNATED AS POINT "6"; THENCE SOUTH 8r09'31" NEST9 319.98 F1 POINT' HEREINAFTER KNOWN AND DESIGNATED AS POINT "C"; THENCE NORTH 67°48'59" MEST+ 1017.56 FEET TO A POINT HEREINAFTER KNOirrN AND DESI( AS PUIE~T "0"; THENCE SOUTH ea0 33'39- #ESTI 369-90 FEET TO A POINT HEREINAFTER KNOWN AN0 DESIGNATE0 AS POINT -E"- ALSO: A RIGHT OF HAY FOR THE HEREIN0EFOKE DESCRIBED PURPOSES dITH CERTAIN 4-0 fOOT STRIPS OF LANO BEING 2.0 FEET ON EACH SIDE OF THE FOLLOWING OESCHIBED CENTER LINE: 1- BEGII'JNING AT SAID TRUE POINT OF BEGINNING; THENCE NORTH lV07' 'dESTI d4-0 F€€T- 21 BEGINNING AT SAID POINT "A"; THENCE SOUTH 16'49'21" EAST9 L5.0 3- BEGINNING AT SAID POINT "A*; THENCE SOUTH 4-20.40" EAST. 25.0 +- YEGINNING AT SAID POINT "C"; THENCE SOUTH 1V IO'l6" WEST* 25.0 5r BEGINNING AT SAID POINT "0"; THENCE NORTH l(rZZ'Z0" EAST9 83.3 6. BEGINNING AT SAID POINT "E"; THENCE SOUTH 14'3S916" HEST+ 25.0 16- AN EASEHENTI AS REFLECTED IN AN INSTRUUENT CREATING OR REAFFI SA10 EASEMENT9 AFFECTING THE PORTION OF SAID LAND AN0 FCR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : CARLSBAO MUNICIPAL WATER DISTRICT F OR : PIPELINE OR PIPELINES 1087328 PAGE 10 w w RECORDED 2 JANUARY i6. 1963. RECORDER'S FILE NO- 9115 AFFECTS : 15.09 FOOT WIOE EASEMENT OF RIGHT OF UAY IN THE AFa LANDS IS PARTICULARLY OESCRIBED AS FOLLCUS: BEGINNING AT A POINT ON THE NORTHERLY BOUNDARY LINE OF SAID LOT "Fa DISTANT THEREON NORTH 87-2s*s6* WEST 1200 FEET FRO~ THAT CERTAIN ca SA10 LOT "F" SHOUN AS POINT NO. 5 OF SAID LOT "Fa ON SAID MAP NO- 8 THENCE AT RIGHT ANGLES TO SAID NORTHERLY BOUNDARY LINEt SOUTH 2-34. MEST 740 FEET; THENCE ALONG A CINE PARALLEL HITH SAID NORTHERLY Bot CINE, SOUTH 87-25'56- EAST 507-93 FEET; THENCE AT RIGHT ANGLES SOU1 Z'34°04" WEST 1803.37 FEfT TO THE TRUE POINT OF BEGINNING; THENCE 5 a8-08*33= HEST 15.00 FEET; THENCE NORTH 2-34904" EAST 40.00 FEET; 1 NORTH 8F08*33w EAST 15-00 FEET; THENCE SOUTH 2-34'04" WEST 40-00 F THE iRUE POINT OF BEGINNING- 17- AN EASEMENTI AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIF SAID EASEMENT9 AFFECTING THE PORTION Of SAID LAhO AN0 FCR THE PURPOSES STATED HEREIN* AND INCIDENTAL PURPOSES QECORDED z OCTOBER 39 1963. RECORDER'S FILE NO- k77051 AFFECTS : OVER THE NORTHHEST 30 FEET OF PARCEL 3 I.80 AN AGREEMENT TO WHICH REFERENCE IS HEREBY MAOE FOR FULL PARTICULARS DATE0 : OCTOBER. 1963 dY AND BET'dEEN : INVESTMENT SECURITIES CORPORATIUNt A CALIFORNIA REGARDING RECOROEO : MARCH 26. 19649 RECORDER'S FILE NO- 55458 SA10 MATTER AFFECTS: CORPORATION, ET AL A MUTUAL EASEMENT . AN EASEMENT AND RIGHT OF WAY FOR ROAD PURPOSES OVER A STRIP OF 1 fEET WIDE IN LOTS "F" AND "I" OF RANCHO AGW HEDIONDAt IN THE CC Of SAN DIEGOT STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO- FILED IrY THE i3Ff ICE OF COUNTY RECOROER OF SAN DIEGO CUUNTYr "VOVE 169 18969 THE CENTER LINE OF SAID 66 FOOT STRIP BEING THE CENTEF Of A JRAVELLEO HARD SURFACED ROAD AS SHOhM ON THE ATTACHEO HAP E nEXHIeIT A" AN0 DESCRIBED APPROXXHATELY AS FOLLOWS: BEGINNING AT THE INTERSECTION OF IHE CENTER LINE OF EL CAMINO RE ALSO KNOWN AS ROAD SURVEY NO- 6829 ACCORDI% TO MAP THEREOF ON f NORlHEASTERLV PROLONGATION OF THE CENTER LINE OF SAID TRAVELLED SURFACED ROAD BEING APPROXIMATELY ENGINEER'S STATION 100 PLUS 3( ALONG SAID PROLONGATION. 20 FEETI MORE OR tf SSr TO THE SOUTHWE51 EXHIBIT "A" ATTACHEO AND BEING THE TRUE POINT OF SEGINNING OF Tt HEREIN DESCRIBED CENTER LINE; THENCE SOUTHUESTERLY ALONG THE CEt LINE OF SAID TRAVELLED ROAD. 740 FEET TO POINT "8" AS SHOUN ON ! EXHIBIT "Aw; THENCE SOUTHWESTERLY AND SOUTHERLY ALONG SAID CENT€ OF THE TRAVELLED ROAD TO A ROAD JUNCTION AT POINT nCm AS SHOWN ( THE OFFICE OF COUNTY SURVEYOR oF SAN DIEGO COUNTY. HITH THE ACCORDING TO SAID MAP OF ROAD SURVEY NO- 682; THENCE SOUTHWESTEI RIGHT OF UAY OF SAID ROAD SURVEY NO- 682. BEING POINT -A" AS SH( I087328 PAGE AI -* w W EXHIBIT "A" BEING AT OR NEAR THE NORTHEAS1 CORNER OF THE LAND Dl IN DEED TO SAN DIEGO GAS t ELECTRIC COYPANY9 REGISTEREO REGISTRAR OF LAND TITLES FOR SAN DIEGO COUNTY AND BEING A POINT JUNE 161 1953 AS DOCUMENT NO- 30674 IN THE OFFICE OF THE COUNTY NEAR IHE NORTHERLY LINE OF SA10 LOT "Fa- ALSO: AN EASEMENT AND RIGHT OF WAY FOR ROAO PURPOSES OVER A ST1 LAN0 50 FEET UIOE IN LOTS "Fa AND "I" OF RANCHO AbUA HEOIONDAt COUNTY OF SAN DIEGOI STATE OF CALIFORNIA9 ACCORDING TO MAP THER 823~ FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY NOVEMBEA 16, le969 THE CEIVTER LINE OF SAID 50 FOOT STQIP BEING CENTER LINE OF PROPZISED ROAO NO- 69 SHOWN ON THE ATTACHED HAP E "A" AND DESCRIBED APPROXIMATELY AS FOLLOUS: BEGINNING AT POINT "B"T AS SHOWN ON SAID EXHIBLT "A"; THENCE SOUTHEASTERLY ALONG THE POST PRACTICAL RCLJTET APPROXIMATELY 180 THENCE SOUTHWESTERLY ALONG THE HOST PRACTICAL ROUTEI APPROXIMAT FEET; THENCE ~JESTERLY APPROXIMATELY 250 FEET TO A POINT ON OR. N COMMON BOUNDARY SETUEEY SAID LOTS "F" AND "in; THENCE SCIUTHERLY OR PARALLEL WITH SAID COMMON BOUNDARY APPROXIMATELY BOO FEET; T SOUTHHESTERLY ALONG THE MOST PRACTICAL RCUTE APPPUXIPATE~Y Lou0 POINT "H" AS SHOWN ON SAID EXHIBIT "A"- 190 AN EASEMENT9 AS REFtECTED IN AN INSTRUMENT CREATING OR REAFFJ SAID EASEMENT+ AFFECTING THE PORTION OF SAID LAND AND FCR THE PUAPOSES STATED HEREIWI AND INCIOENTAL PURPOSES IN FAVJR OF : THE PACIFIC TELEPHONf AND TELEGRAPH CGMPANY f OR : UNOERGROUND COMMUNICATION STKULTURES KECOKDCD : MARCH 269 19659 RECORDER'S FILE NO- 94777 Af FELTS : THE SOUTHWESTERLY LO FEET OF PARCEL 3 20. AN EASEMENT, AS REFLECTEU IN AN INSTRUPENT CREATIhG OR RE4FFI SAID EASEMENT, AFFECTING THE P3RTION OF SAID LAND AND FGK THE PURPOSES STATED HEREIN, AND LNCIDENTAL PURPOSES IN FAVOR Of t SAN DIEGO GAS & ELECTRIC COMPANY f OK : fOLES, HIRES AlYO ANCHORS RECORDED : MARCH 29 19669 RECOR0ER.S FILE h(O- 36709 AFFECTS : THE CENTER LINE OF SA10 RIGHl Of WAY IN THE AFORE' LANDS IS PARTICULARLY DESCRI8ED AS FOLLOrlS: COMMENCING AT A POINT ON A LIYE COMMON TO SAID LOTS "F" AND "G"T 1 THEREON SOUTH 62- 00'00" WEST. 476071 FEET FROM CORNER NO. 7 OF SA "Gat THENCE NORTH 52'16*00" WEST. LO9-70 FEET TO THE TRUE POINT 01 BEGINNING OF SAID CENTER LINE OF RIGHT OF HAY; THENCE FROM SAID TI POINT OF BEGINNING9 SOUTH 52'16'00" EAST9 1282145 FEET- ALSO: BEGINNING AT SAIO TRUE POINT OF EEGINNING; THtNCE NORTH 79' EAST. 285090 FEET- ALSO: BEGINNING AT SAID TRUE POINT Of BEGINNING; THENCE SOUTH 69' MEST, 299-20 FEET, 1087328 PAGE 12 I w ALSO: BEGINNING AT SAID TRUE POINT Of BEGINYING; THENCE NORTH 30'4 WEST TO THE NORTHWESTERLY LINE OF THAT CERTAIN DEED RECORDED DECEMBER 69 19619 RECORDER'S FILE NO- 210609 OF GFFICIAL RECORDS a COUNTY OF SAN DIEGO9 A OISTANCE OF 33 FEET MORE OR LESS0 210 AN EASEMENT9 AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIR SAID EASEMENT? AFFECTIIVG THE PORTION OF SAID LAW AND FOR THE IN FAVOR OF : RObERT 9. KELLY AND RICHARD C, KELLY KECOKOEO f DECEMBER 30, 19669 RECORDER'S FILE NO- 201889 AFFECTS : AN EASEMENT 10 FEET IN WIDTH FOR PUBLIC UTILITY PUF THE SOUTHERLY LINE OF SAID EASEMENT BEING OESCRIBEC FOLLOWS: PURPOSES STATED HEREIN- AN0 INCIDENTAL PURPOSES F aK : PUBLIC UTTLITIES BEGINNING AT SAID ABOVE HENTIUNEO POINT 7 OF LOT G; THENCE ALCNG SC BETWEEN POINT 7 AND POINT 6 Of LOT GI SOUTH 5P15'45" EAST (RECORD 51' EAST) 1042-27 FEET; THENCE LEAVING SAID LINE AT RIGHT ANGLES TC SOUTH 3T44'15" ~ESTI 440057 FEET; THENCE AT RIGHT ANGLES NORTH 52' WEST 662027 FEET TO THE TRUE POINT Of BEGINNING; THENCE CONTINUING 52'15'45" WEST9 578048 FEET TU A POINT Of INTERSECTION LllTH THE NO6 LINE Of SAID LOT G+ BEING ALSCl THE LINE BETWEEN SAIC PGINT 7 AND P[ Of LOT Gv SAID POINT BEING ALSO THE NORTHWESTERLY TERMINUS Of SAID THE NORTHERLY LINE OF SAID 10 FOOT EASEMENT SHALL 8E SHORTENEO SO 1 TERMINATE IN THE CINE 8ETbdEEN POINT 7 OF LOT G AND PilINT 8 OF LOT ( 220 Ah EASEMENT9 AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFII SAID EASEMENT. AFFECTING THE PORTION OF SAID LAND ANL) FOR THE PURPOSES STATED HEREIN9 AND IYCIDENTAL PURPOSES IN FAVOR Of : THE ESTATE Of STANLEY Lo KELLY FOR f PUt3LIC UTILITIES RECORDED : APRIL 219 19699 RECORDER'S FILE NO- 68406 AFFECTS : A STRIP OF LAND 10 FEET IN WIDTH THE SOUTHERLY CiNl SAID EASEMENT BEING DESCRIBED AS FOLLOWS: dEGINNiNG AT SAID ABOVE MENTIONED POINT 7 OF LOT G; THENCE ACCNG Si BETWEEN POINT 7 AND POINT 6 Of COT GI SOUTH 5i? 15'+5" EbST (RECORO 51' EAST1 1042027 FEET; THENCE CEAVfNG SAID LINE AT RIGHT ANGLES Ti SOUTH 3744'1S" WEST 440157 FEET; THENCE AT RIGHT ANGLES, NORTH 52' WEST 85000 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUXNG I 5fL5'4S" UEST 577027 FEET TO THE NORTHWESTERLY TERPINUS Of SAID L8 23- AN EASEMENT7 AS REFLECTED IN AN XNSTRUWENT CREATING OR REAFFII SAID EASEWENTI AffECTING THE PORTION Of SAID LAND ANCI FOR THE PURPOSES STATED HEREIN9 AN0 INCIDENTAL PURPOSES f OR : INGRESS AND EGRESS RECOROEO z MARCH 129 19719 RECORDER'S FILE NO0 471+4 AFFECTS : A STRIP OF LAND 20 FEET IN WiDTH9 THE CENTER LINE ~ IN FAVOR OF : ROBERT PI KELLY AND RICHARO Co KELLY 1087328 PAGE 13 -I ., +w w STRIP BEXNG DESCRIBED AS FOCLOHS:: BEGINNING AT A POINT IN THE NORTHEASTfRLY CINE OF THE HEREIN DESCRl LAND. OISTANT THEREON 117.38 FEET SOUTHEASTERLY FROM THE nasT Nom CORNER THEREOFi THENCE SOUTH 31'09'5OU WEST 46-41 FEET; THENCE SOU1 14-40' EAST 77-82 EFET; THENCE SOUTH 1'20' WEST 284.87 FEET; THENCE SOUTH 5P13' EAST 88-65 FEET TO THE SOUTHEA5TERLY LINE OF THE HERE1 DESCRIBED LAND- 24. AN AGREEMENT TO MHlCH REFEREWE IS HERE6Y HADE FUR FULL PAkTICUCARS DATED : FEBRUARY 26r 1971 dY AND BETUEEN : ROBERT PI KELLY AND RICHARD C- KELLY AND TITLE INSURAWCE AND TRUST COMPANY9 A CALIFCRNIA CORPO AS TRUSTEE UNOER TRUST kc0 PR 47293 REGARDENG : EXCHANGE AN0 EASEMENTS RECORDED : MARCH 129 19719 RECORDER'S FLLE NU0 47144 250 AN AGREEMENT TU WHICH REFEqENCE IS HEREBY MADE FOR FULL PARTICULARS DATED : AUGUST zbr 19~ BY AND SETHEEN = THE C XTY Of CARLSBAD. A CALi FORNIA HU:JfC fPAL CORPORATXON AND CARLSEIAD RESEARCH CENTER, A CAC GENERAL PARTNERSHIP REGARDING : RXGHT OF FIRST REFUSAL AND OPTION TO PURCHASE RECORDED : SEPTEflBER 309 19811 RECORDER'S FILE NO. 81-309 1087328 PAGE 14 .r .. '.. W THE LAND REFERRED TO HEREIN IS SITUATE0 IN THE STATE Of CACIFORNIAT COUNTY OF SAN DIEGO, AN0 IS DESCRIBE0 AS FOLLOWS: A PARCEL OF CAN0 BEING A PORTIO& Of! LOT rrFn AM A PORTION OF LOT a OF RANCHO AGUA HEOIONOAI IN THE COUNTY OF SAN DIEGO+ STATE OF CALI ACCORDING TO HAP THEREOF NO- 82.39 ON FILE IN THE OFFICE OF COUNTY RECORDER Of SAN DIEGO COUNTY9 DESCRIBED AS FOUOWS: SEGINNING AT POINT 9 OF SAX0 LOT "Fa; THENCE NORTH V 29.1 la WEST P THE WESTERLY BOUNDARY OF SAID LOT "F". 167.78 FEET TO A POINT ON 1 OF A NONTANGENT 58-00 FOOT RADIUS CURVET CONCAVE WESTERLY+ A RAOIA TO SAID POINT BEARS SOUTH 55°03e22M EAST; THENCE NORTHERLY ALONG 1 OF SAID CURVE THROUGH A CENTRAL ANGLE OF 70'51'37"r A DISTANCE OF f €ET TO SAID WESTERLY BOUNDARY; THENCE NORTH r 29'iL" WEST, 2092.4 TO POINT 8 OF SA10 COT "Fa; THENCE NORTH 6'47'51" EAST, 1219.60 FE POINT ON THE NORTHERLY LINE OF SAID LOT "F"r DI STANT SOUTH 87'23'i 2025-08 FEET FROM POINT 6 OF SAID LOT "Fa; THENCE SOUTH t3P23°24m 2417'19 FEET TO THE NORTHWEST CORNER OF THE LAND DESCRIBED IN DEEC HOWARO Go KIRGIS9 ET UX9 RECORDEO SEPTEMMR 249 19579 IN BOOK 674 197 OF OFFICIAL RECORDS; THENCE SOUTH 2-3~35" WEST* WY,OO FEET I SOUTHWEST CORNER-OF SAID KIRGXS PROPERTY; THENCE SOUTH 87'23*24* E 1378.84 FEET TO THE SOUTHEAST CORNER OF SAID KXRGIS PROPERTY; iHEF SOUTH AO-58'35" EAST9 1394011) FEET TO POINT 14 OF SAID LOT aF'~ BE HOST NGRTHERLY CORNER OF LAND DESCRIBED IN DEED TO Sa Lo KELLY9 RE FEBRUARY 39 19619 RECORDER'S FILE NCJo 20293; THENCE ALONG THE NORTHEASTERLY LINE OF SAID K€LLY@S LAND- SOUTH Sl~Ol*S8'' EAST. 104 FEET; THENCE SOUTH 38'58'02' HEST9 288.57 FEET; THENCE NURTH 51'01 idEST9 152-00 FEET; THENCE SOUTH 38,58'02" NEST9 152000 FEET; THEM 51-01'58'' AESTt LO89027 FEET TO A POINT OY THE LOT LINE SETWEEN P[ AND POINT 14 OF SAX0 LOT -Fn; THENCE SOUTH 63°14*04u WEST ALONG Sr FEET TO POINT 12 of Sam LOT v"; THENCE NORTH 89-46'4~- WEST, 6.44 CINE9 564.30 FEET TO SAID POINT 13; THENCE SOUTH 40'42'08" WEST9 I TO POINT 1L OF SAID LOT "Fa; THENCE YORTH 5T47'49" dESTt 1175.97 POINT 10 Of SAIO LDT T"- v THENCE SOUTH 70'54'27" WEST9 546.55 FEE' POINT OF BEGINNING- 1087328 PAGE 15 .. , " ". -> .. Lr -* 4- I, t (CONDITIONS AAD STIPULATIONS Contlnued From Reverse Side of Policy Face) 2. (a.j Continuation of Insurance after Acquisition of Title by Insured Lender If this policy insures the owner of the indebtedness secured by the insured mortgage, this policy shall continue in force as of Date of Policy in favor of such insured who acquires all or any part of said e$(a/e or /flterest in the land deSGribed in Schedule C by foreclosure, trustee's sale, conveyance in lieu of foreclosure, or other legal man- ner which discharges the lien of the insured mortgage, and if such insured is a corporation, its transferee of the estate or interest SO subsidiary of such insured; and in favor of any governmental agency or instrumentality which acquires all or any part of the estate or interest pursuant to a contract of insurance or guaranty insuring or guaranteeing the indebtedness secured by the insured mortgage. After any such acquisition the amount of insurance hereunder, exclusive of costs, attorneys' fees and expenses which the Company (i) the amount of insurance stated in Schedule A; (ii) the amount of the unpaid principal of the indebtedness PIUS interest thereon, as determined under paragraph 6(a) (iii) hereof, expenses of foreclosure and amounts advanced to protect the lien of the insured mortgage and secured by said insured mortgage at the time of acquisition of such estate or interest in the land; or (iii) the amount paid by any governmental agency or instrumentality. if such agency or instrumentality is the insured claimant, in acquisition of such estate or interest in satisfaction of its insurance contract or guaranty. (b.) Continuation of Insurance After Conveyance of Title The coverage of this policy shall continue in force as of Date of Policy, in favor of an insured so long as such insured retains an estate or interest in the land, or owns an indebtedness secured by a purchase money mortgage given by a purchaser from such insured, or so long as such insured shall have liability by reason of covenants of warranty made by such insured in any transfer or conveyance of such estate or interest; provided, however, this policy shall not continue in force in favor of any purchaser from such insured of either said estate or interest or the indebtedness secured by a purchase money mortgage given to such insured. 3. Defense and Prosecution of Actions - Notice of Claim to be Given by an Insured Claimant (a,) The Company, at its own cost and without undue delay, shall provide for the defense of an insured in litigation to the extent that such litigation involves an alleged defect, lien, encumbrance or other matter insured against by this policy. (b.) The insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in (a) above, (ii) in case knowledge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest or the lien of the insured mortgage, as insured, and which might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if title to the estate or interest or the lien of the prompt notice shall not be given to the Company, then as to such insured mortgage, as insured, is rejected as unmarketable. If such insured all liability of the Company shall cease and terminate in regard to the matter or matters for which such prompt notice is required; provided, however, that failure to notify shall in no case prejudice the rights of any such insured under this policy unless the extent of such prejudice. Company shall be prejudiced by such failure and then only to the and without undue delay prosecute any action or proceeding or to (c.) The Company shall have the right at its own cost to institute to establish the title to the estate or interest or the lien of the do any other act which in its opinion may be necessary or desirable insured mortgage, as insured; and the Conpany may take any appro- this policy, and shall not thereby concede liability or waive any priate action, whether or not it shall be liable under the terms of provision of this policy. posed a defense as required or permitted by the provisions of this (d.) Whenever the Company shall have brought any action or inter- policy, the Company may pursue any such litigation to final deter- mination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. (e.) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding, . the insured hereunder shall secure to the Company the right to so prosecute or provide defense in such action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such insured for such purpose. Whenever requested by the Company, such insured shall give the Company, at the Company's expense, all reasonable aid (1) in any such action or proceeding in effecting settlement, securing evidence, obtaining witnesses, or pros- . acquired, provided the transferee is the parent or wholly owned may be obligated to pay, shall not exceed the least of: F . ;,, , .. (CONDITIONS AND STIPULATIONS Continued and Concluded on Reverse Side w- ecuting or defending such action or proceeding, and (2) in a other act which in the opinion of the Company may be news desirable to establish the title to the estate or interest or the I the insured mortgage, as insured, including but not limited tC executing corrective or other documents. 4, Proof Qf Loss or Damage - Limitation of Action In addition to the notices required under Paragraph 3Ib) Of tl Conditions and Stipulations, a proof of loss or damage, sign' sworn to by the insured claimant shall be furnished to the CC within 90 days after the insured claimant shall ascertain or c mine the facts giving rise to such loss or damage. Such pro( the title, or other matter insured against by this polrcy which or damage shall describe the defect in, or lien or encumbrar stitutes the basis of loss or damage, and, when appropriate, basis of calculating the amount of such loss or damage. Should such proof of loss or damage fail to state facts suffic enable the Company to determine its liability hereunder, ins claimant, at the written request of the Company, shall furnisl additional information as may reasonably be necessary to iT determination. No right of action shall accrue to insured claimant until 30 6 after such proof of loss or damage shall have been furnishec Failure to furnish such proof of loss or damage shall termini liability of the Company under this policy as to such loss or 5. Options to Pay or Otherwise Settle Claims and Option Purchase Indebtedness The Company shall have the option to pay or otherwise sett in the name of an insured claimant any claim insured again terminate all liability and obligations of the Company hereu paying or tendering payment of the amount of insurance ur policy together with any costs, attorneys' fees and expense incurred up to the time of such payment ortender of payme the insured claimant and authorized by the Company. In ca damage is claimed under this policy by the owner of the in( further option to purchase such indebtedness for the amou ness secured by the insured mortgage, the Company shall thereon together with all costs, attorneys' fees and expensr the Company is obligated hereunder to pay. If the Compan to purchase said indebtedness as herein provided, the owr indebtedness shall transfer and assign said indebtedness morigage and any collateral securing the same to the Cor payment therefor as herein provided. Upon such offer beir by the Company, all liability and obligalions of the Cornpal under to the owner of the indebtedness secured by said in mortgage, other than the obligation to purchase said indet pursuant to this paragraph, are terminated. 6. Determination and Payment of Loss (a.) The liability of the Company under this policy shall in r exceed the least of: (i) the actual loss of the insured claimant: or (ii) the amount of insurance stated in Schedule A, or, if apF the amount of insurance as defined in paragraph 2(a) herc (iii) if this policy insures the owner of the indebtedness sec the insured mortgage, and provided said owner is the insr ant, the amount of the unpaid principal of said indebtednc tional principal indebtedness created subsequent to Date interest thereon, provided such amount shall not include i except as to amounts advanced to protect the lien of the il mortgage and secured thereby. (b.) The Company will pay, in addition to any loss insured on by the Company for such insured, and all costs, attorn1 by this policy, all costs imposed upon an insured in litigat and expenses in litigation carried on by such insured with written authorization of the Company. (c.) When the amount of loss or damage has been definite accordance with the conditions of this policy, the loss or 1 shall be payable within 30 days thereafter. 7. Limitation of Liability Company, after having received notice of an alleged defe NO claim shall arise or be maintainable underthis policy encumbrance insured against hereunder, by litigation or the lien of the insured mortgage, as insured, within a rea: removes such defect, lien or encumbrance or establishe: time after receipt of such notice; (b) in the event of litigati there has been a final determination by a court of compet diction, and disposition of all appeals therefrom, adverse or to the lien of the insured mortgage, as insured, as pro\ paragraph 3 hereof; or (c) for liabilityvoluntarily admittec assumed by an insured without prior written consent of th ~ ii . , , _. of This Page) -" b- -. - L .i Y " .> I* b I @ \ - I '33NWUflSNI 31111 aNW NOIlVNlWVX3 31111 'H3UV3S 31111 UOd 39UWH3 3klIlN3 3Hl SI V 3lfla3H3S NI a31Al33dS IflfllW3tld 3Hl 'El '60006 E!UJO4!le3 '~ala6~1v SO1 'Z6LZ6 X09 'O'd 'PJeAalnOg aJ!ySl!M 00E9 'a3!4$0 aUJOH Sl! 01 10 A3!lod S!ql pan%! ~pqM a3!gO ayl le 1! 01 PaSSaJppE aq Ileus Aueduo3 aql paqS!UJnj aq OJ pal!nbaJ 6U!Q!JM U! lUaUaP1S he pUe AUedUOD aql UaAi6 aq 01 paJ!nbaJ Sa3!jOU lit/ was araqM 'saqlo~ '2 1 .Auedwo3 aql~o uo!)3els!les ayioi paqs!uJni aq lleqs uo!pnJjsap JO ssol yms io ~OOJ~ ase3 Y~!YM u! 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