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HomeMy WebLinkAbout; Daon Corporation; 84-224556; Easement710 RECORDING REQUESTED BY ^-*v* AND WHEN RECORDED MAIL TO: f"T?ECORDED IN tofaH/fMe/tubft-* **S*a**. IwwW p.o, B^x (015 „„, 1984JUN15AM8:00 I VERA L LYLE IAttention: J^ £ub*U. | COUNTY RECORDER I NO FEE Space Above This Line For Recorder's Use DOCUMENTARY TRAN§fER TAX f... _ EASEMENT AGREEMENT (Access Easement) This Agreement is made as of /fy/^ y $ZL , 1984 ("Effective Date") between COSTA REAL MUNICIPAL WATER DISTRICT ("Grantee"), and DAON CORPORATION, a Delaware corporation ("Grantor"). RECITALS A. Grantee is the owner of the real property in the City of Carlsbad, San Diego County, California ("Dominant Property"), as more particularly described on attached Exhibit A. B. Grantor is the owner of the real property in the City of Carlsbad, San Diego County, California, adjacent to the Dominant Property ("Servient Property"). C. Grantee desires, and Grantor is willing to grant to Grantee, certain easements over, under and across the Servient Property for the benefit of the Dominant Property, with the right to assign an interest in the easements to La Costa Cable Television under the terms and conditions of this Agreement. TERMS AND CONDITIONS 1. Grant of Easement. For valuable consideration, including the mutual covenants in this Agreement, Grantor grants to Grantee perpetual, non-exclusiw easements ("Easements"), appurtenant to -1- 711 the Dominant Property, for the ingress and egress over, under and across those portions of the Servient Property described on attached Exhibits B ("Access Easement Area"), Exhibit C ("Pipeline/CATV Easement Area") and Exhibit D ("Drainage Easement Area") (together "Easement Areas"). 2. Use of Easement Area. 2.1 Grantee's Use. Grantee shall have the right to use the Easement Areas as follows: (a) for ingress and egress over the Easement Areas to the Dominant Property; (b) constructing, installing, maintaining and using improvements, within the Access Easement Area as required for ingress and egress to the Dominant Property including, without limitation, a road; (c) locating, relocating, placing, maintaining and using pipelines, cables, conduits and/or wires under, over or upon the Pipeline/CATV Easement Area; and (d) constructing and maintaining a drainage system over that portion of the Drainage Easement Area. Any improvements constructed or installed by Grantee within the Easement Areas shall be maintained by Grantee at Grantee's expense, unless and until the improvements are dedicated to and formally accepted by the applicable public entities, then those entities. 2.2 Access to Adjacent Areas. Grantee shall have the right to go onto portions of the Servient Property adjacent to the Easement Areas (as described on attached Exhibits E and F), as reasonably required by Grantee, if necessary, to construct and install the improvements within the Easement Areas. 2.3 Grantor's Use. Grantor may use the Easement Areas in any manner and for any purpose, provided Grantor's use does not unreasonably interfere with Grantee's right to use the Easement Areas as described in this Agreement. 2.4 Relocation of Easement Areas. Grantor may relocate the Easements and Easement Areas to another location within the Servient Property, provided: (a) Grantor has obtained necessary governmental approvals, (b) relocation does not unreasonably interfere with Grantee's use of the Dominant Property and (c) Grantor has obtained the consent of Grantee, which consent shall not be unreasonably withheld. Grantee shall cooperate with Grantor in this relocation. -2- 712 2.5 Additional Interests in Easement. Grantee may grant a partial interest in the Easements and Easement Areas to La Costa Cable Television for the benefit of the property described on Exhibit G provided that this partial interest shall be subject to each of the terms and conditions of this Agreement and any further terms and conditions imposed by Grantee. 2.6 Notice. At least ten days before entering the Easement Areas for the purpose of beginning construction or any other work within the Easement Areas, Grantee shall give Grantor written notice of Grantee's intent to begin the work, the extent and nature of the work, and the estimated commencement and com- pletion date of the work. Grantor may post (if it desires to do so) a Notice of Nonresponsibility concerning any work to be conducted by Grantee within the Easement Areas. 3. Termination of Easement. This Agreement and the Easement shall terminate automatically, without notice to either party: (a) as to the Access Easement Area when the applicable public entities formally accept the Access Easement Area for highway and/or road purposes and assume the maintenance obligation for that portion of the Easement Area; and (b) as to Drainage Easement Area when Grantee is able to discharge water from the reservoir onto the Access Easement Area. Upon termination of the Easements (or either of them) Grantee shall sign, acknowledge and deliver to Grantor, within ten (10) days after receipt of Grantor's demand, if any, a deed or deeds in recordable form quitclaiming all right, title and interest of Grantee in the applicable Easement Area(s) and any improvements located in the applicable Easement Area(s) to Grantor. 4. Indemnification. Grantee shall indemnify, defend and hold Grantor harmless from and against any and all claims, demands, liabilities, losses, actions, damages, costs, and expenses (including reasonable attorneys' fees) asserted against or suffered by Grantor, as a result of or relating to Grantee's, or any of its agents, employees or permittees, use of the Easements or the Easement Areas, or failure to comply with any of the provisions of this Agreement. -3- 713 5. Insurance. Grantee agrees to maintain worker's compensa- tion and comprehensive liability insurance policies to cover its activities on the Property and to keep the.Property free and clear of all mechanics' and materialmen's liens arising out of any activities. At least five (5) days before entering on the Property, Grantee shall deliver to Grantor, a Certificate of Insurance complying with the terms of this paragraph. The liability insurance policy shall have a combined liability limit of at least $5,000,000.00 and property damage limits of at least $500,000.00, shall be stated to be primary and noncontributing with any insurance which may be carried by Grantor, and shall name Grantor as an additional insured. The insurance policy shall be maintained and kept in effect by Grantee, at Grantee's sole expense, at all times during the period of this Agreement. The insurance policy shall provide that it may not be cancelled or modified without thirty (30) days' prior written notice to Grantor. 6. Covenants Running With the Land. The Easement and the terms and conditions contained in this Agreement shall run with the land and shall inure to the benefit of and be binding upon the parties and their respective heirs, representatives, successors and assigns. 7. Enforcement. The parties and their respective heirs, repre- sentatives, successors and assigns shall have the right to enforce, by proceedings at law or in equity, the covenants and restrictions of this Agreement. The right to enforce this Agree- ment shall include, without limitation, the right to maintain a proceeding at law or in equity against a person or persons who have violated or who are attempting to violate the Easement or any of the covenants or restrictions of this Agreement, to enjoin or prevent them from doing so, to cause the violations to be remedied, and/or to recover damages for any violations. 8. Entire Agreement, Modification. This Agreement contains the entire Agreement between the parties relating to the Easement. This Agreement may be modified only by a written and recorded agreement signed by both parties or their respective successors or assigns. -4- 714 9. Attorneys' Fees. If any action is instituted to interpret or enforce this Agreement, the losing party in the action shall pay the attorneys' fees and costs of the prevailing party. 10. Notices. All notices given or required to be given under this Agreement shall be in writing, delivered in person or by registered or certified mail, postage prepaid and return receipt requested, and addressed as provided below, or as either party may designate, from time to time, by proper notice under this paragraph. Any notice shall be deemed given only when actually received by the intended party, whether personally served or sent by registered or certified mail. Grantor: Daon Corporation 1241 Elm Carlsbad, California 92008 Attn: James L. Goff Grantee: Costa Real Municipal Water District c/o Woodside/Kubota & Associates, Inc, 2465 Pio Pico Drive Carlsbad, California 92008 11. Exhibits. All Exhibits to this Agreement are incorporated in and made a part of this Agreement by reference. 12. Termination of Liability. If a transfer of ownership of the Dominant or Servient Properties takes place, the transferor shall not be liable for any breach of this Agreement which takes place after the date of the transfer. 13. Further Documents, Actions. Each party agrees to sign any other and further documents and to take any other and further actions reasonably -5- 715 requested by the other party to accomplish the purposes or satisfy the provisions of this Agreement. "Grantor"DAON CORPORATION, a Delaware corporation Michael K. Ry4n, Vice President/Land San Diego County Warren^/^Colfcon, III, Vice President/Land "Grantee"COSTA REAL MUNICIPAL WATER DISTRICT, a municipal corporation N. M. Almack, President :kle^7Secretary -6- STATE OF CALIFORNIA, ) COUNTY OF SAN DIEGO ) 716 ) ss, On MAY 22. 1984 before me, the undersigned, a Notary Public in and for said State, personally appeared N.M. ALMACK and, FRED W. MAERKLE personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as PRFSTRFNIT and SECRETARY , on behalf of COSTA REAL MUNICIPAL WATER DISTRICT, the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its bylaws or a resolution of its board of directors. ************************************ * _—^ OFFICIAL SEAL * LENA M. ELROD J, NOTARY PUBLIC-CALIFORNIA J NOTARY BOND FILED IN Signature rt/- /;- r v , .. J/ * ^ssmbr SAN DIEGO COUNTY WITNESS my hand and official seal. [SEAL] *j N^|§|X SAN DIEGO COUNTY * * My Commission Expires October 5, 1984 £ $#**#*********»*********************= STATE OF CALIFORNIA, ) COUNTY OF Orange ) ss. ) May 22, 1984 before me, the undersigned, aOn Notary Public in and for said State, personally appeared Michael K. Ryan and,W.A. Colton, III personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as V.P.and V.P.on behalf of DAON CORPORATION, the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its bylaws or a resolution of its board of directors. WITNESS my hand and official seal. Signatu [SEAL] 7 Marcia A. Brown OFFICIAL SEAL MARCIA A. BROWN Notary Public - California ORANGE COUNTY My Commission Expires Oct 1,1985 »•«»••••«•t»+»•+»••»»•»»»»» 29-(9-154)050284 -7- 717 PARCEL H A PARCEL OF LAND BEING A PORTION OF PARCEL 4 OF PARCEL MAP 10179 ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, STATE OF CALIFORNIA, BEING A PORTION OF SECTION 30, TOWNSHIP 12 SOUTH, RANGE 3 WEST, OF THE SAN BERNARDINO MERIDIAN, CITY OF CARLSBAD, SAID COUNTY, SAID STATE, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LA COSTA MEADOWS, UNIT NO. 2, ACCORDING TO MAP NO. 6905 ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID SOUTHEAST CORNER BEING A POINT ON THE SOUTHEASTERLY RIGHT-OF-WAY OF EL FUERTE STREET AS SHOWN ON SAID MAP NO. 6905; THENCE NORTH 68°13'07" EAST, 1536.70 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 68°oriO" EAST, 99.51 FEET; THENCE SOUTH 51"54'40' EAST, 141.03 FEET; THENCE SOUTH 22°52'25" WEST 191.85 FEET; THENCE SOUTH 57°13'00" WEST, 73.07 FEET; THENCE NORTH 83°46'00" WEST, 185.97 FEET; THENCE NORTH 34°25'48" WEST, 144.00 FEET; THENCE NORTH 55°34'12" EAST, 100.00 FEET TO THE BEGINNING OF A TANGENT 322-FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 33°35'22" A DISTANCE OF 188.77 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 1.900 ACRES MORE OR LESS. JDG:paf:dme CMWD 79-110 12/08/83 EXHIBIT A TO EASEMENT AGREEMENT 718 PARCEL D A PARCEL OF LAND BEING A PORTION OF PARCEL 4 OF PARCEL HAP 10179 ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, STATE OF CALIFORNIA, BEING A PORTION OF SECTION 30, TOWNSHIP 12 SOUTH, RANGE 3 WEST, OF THE SAN BERNARDINO MERIDIAN, CITY OF CARLSBAD, SAID COUNTY, SAID STATE, DESCRIBED AS FOLLOWS: A 24-FOOT STRIP OF LAND LYING 12.00 FEET ON EACH SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE NORTHWEST CORNER OF SAID PARCEL 4; THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL 4 NORTH 72°09'30" EAST, 1020.00 FEET TO THE BEGINNING OF A TANGENT 2000-FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF .2°32'00" A DISTANCE OF 88.43 FEET; THENCE LEAVING SAID CURVE AND SAID NORTHERLY LINE SOUTH 15°18'30" EAST, 51.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 15°18'30" EAST 193.10 FE£T TO THE 8£GlJilJJlJJ6 OF A TANGENT 200-FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 40°20'14" A DISTANCE OF 140.80 FEET; THENCE SOUTH 55°38'44" EAST, 160.69 FEET TO THE BEGINNING OF A TANGENT 200-FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 111°27'50" A DISTANCE OF 389.08 FEET; THENCE SOUTH 55°49'06" WEST, 404.13 FEET TO THE BEGINNING OF A TANGENT 200-FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL- ANGLE OF 96°20'16" A DISTANCE OF 336.28 FEET; THENCE SOUTH 40°3r09" EAST, 126.24 FEET TO THE BEGINNING OF A TANGENT 300-FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE SOUTHERLY ALONG THE ARC Of SAID CURVE THROUGH A CENTRAL ANGLE OF 62°29'59" A DISTANCE OF 327.25 FEET TO A POINT HEREIN DESCRIBED AS POINT "D-l" AND POINT OF TERMINATION. THE SIDELINES OF SAID 24-FOOT STRIP OF LAND SHALL BEGIN ON THE ARC OF A 1949-FOOT RADIUS CURVE CONCAVE SOUTHERLY AND CONCENTRIC TO SAID 2000-FOOT RADIUS CURVE AND PASS THROUGH THE TRUE POINT OF BEGINNING AND END ON A LINE THAT BEARS NORTH 68°01'10" WEST ANO PASS THROUGH THE POINT OF TERMINATION. PARCEL D-l A 34-FOOT STRIP OF LAND BEING 22.00 FEET SOUTHEASTERLY OF AND 12.00 FEET NORTHWESTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE ABOVE-DESCRIBED POINT "D-l," BEING A POINT ON THE ARC OF SAID 300-FOOT RADIUS CURVE CONCAVE WESTERLY TO WHICH A RADIAL LINE BEARS SOUTH 68°01'10" EAST; THENCE SOUTHERLY ALONG THE ARC OF SAID' CURVE THROUGH A CENTRAL ANGLE OF 33°35'22" A DISTANCE OF 175.87 FEET; THENCE SOUTH 55°34'12" WEST, 100.00 FEET TO THE POINT OF TERMINATION. THE SIDELINES OF SAID 34.00-FOOT STRIP OF LAND SHALL BEGIN ON A LINE THAT BEARS SOUTH 68001'10' EAST AND PASS THROUGH THE POINT OF BEGINNING AND END ON A LINE THAT BEARS NORTH 34°25'48" WEST AND PASSES THROUGH THE POINT OF TERMINATION. TOGETHER WITH THE RIGHT TO EXTEND DRAINAGE STRUCTURES AND EXCAVATION AND EMBANKMENT SLOPES BEYOND THE LIMITS OF THE HEREIN ABOVE-DESCRIBED PARCEL WHERE REQUIRED FOR THE CONSTRUCTION AND MAINTENANCE OF THE ACCESS RIGHT-OF-WAY. JDG:paf:dme CMWD 79-110 12/08/83 EXHIBIT B TO EASEMENT AGREEMENT 719 PARCEL C A 20-FOOT STRIP OF LAND, BEING A PORTION OF SECTION 30, TOWNSHIP 12 S.OUTH, RANGE 3 WEST, OF THE SAN BERNARDINO MERIDIAN, CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, THE NORTHERLY AND EASTERLY SIDELINE OF SAID 20-FOOT STRIP OF LAND IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LA COSTA MEADOWS UNIT NO. 2 ACCORDING TO MAP NO. 6905 ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID SOUTHEAST CORNER BEING A POINT ON THE SOUTH- EASTERLY RIGHT-OF-WAY LINE OF EL FUERTE STREET AS SHOWN ON SAID MAP NO. 6905; THENCE ALONG SAID SOUTHEASTERLY RIGHT-OF-WAY LINE THE FOLLOWING COURSES: NORTH 20°55'30" EAST, 885.00 FEET TO THE BEGINNING OF A TANGENT 1542-FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 6°46'17" A DISTANCE OF 182.24 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT HAVING A RADIAL WHICH BEARS.NORTH 75"50'47" WEST; THENCE LEAVING SAID CURVE AND SAID RIGHT-OF-WAY LINE SOUTH 68°33'08" EAST, 299.00 FEET; THENCE NORTH 87°30'38" EAST, 230.22 FEET; THENCE NORTH 76°53'27" EAST, ' 397.84 FEET TO A POINT ON THE ARC OF A 200-FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 53°00'17" WEST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 3°31'26" A DISTANCE OF 12.30 FEET; THENCE SOUTH 40°31'09" EAST, 126.24 FEET TO THE BEGINNING OF A TANGENT 300-FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 57°29'23" A DISTANCE OF 301.02 FEET TO A POINT ON CURVE, SAID POINT HAVING A RADIAL WHICH BEARS NORTH 73001'46" WEST; THENCE LEAVING SAID CURVE SOUTH 19°28'46" EAST, 34.96 FEET TO THE POINT OF TERMINATION OF SAID LINE TO WHICH THE SOUTHEAST CORNER OF SAID MAP NO. 6905 BEARS SOUTH 68°13'07" WEST, 1536.70 FEET. SAID POINT OF TERMINATION LIES ON THE ARC OF A 322-FOOT RADIUS CURVE CONCAVE WESTERLY TO WHICH A RADIAL LINE BEARS SOUTH 68°01'10" EAST. THE SOUTHERLY AND WESTERLY SIDELINE OF SAID STRIP OF LAND SHALL BE 20.00 FEET FROM AND PARALLEL OR CONCENTRIC WITH THE AFORE DESCRIBED NORTHERLY AND EASTERLY SIDELINE. SAID SOUTHERLY AND WESTERLY SIDELINE SHALL TERMINATE IN THE ARCS OF THE AFORE MENTIONED 1542-FOOT AND 322-FOOT RADII WHICH PASS THROUGH THE TRUE POINT OF BEGINNING AND THE POINT OF TERMINATION RESPECTIVELY OF SAID NORTHERLY AND EASTERLY SIDELINE. JDG:paf:dme CMWD 79-110 12/08/83 EXHIBIT C TO EASEMENT AGREEMENT 720 PARCEL J A PARCEL OF LAND BEING A PORTION OF PARCEL 4 OF PARCEL MAP 10179 ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, STATE OF CALIFORNIA, BEING A PORTION OF SECTION 30, TOWNSHIP 12 SOUTH, RANGE 3 WEST, OF THE SAN BERNARDINO MERIDIAN, CITY OF CARLSBAD, SAID COUNTY, SAID STATE, DESCRIBED AS FOLLOWS: A*STRIP OF LAND 20.00-FEET IN. WIDTH LYING 10.00-FEET ON EACH SIDE AND PARALLEL WITH THE FOLLOWING DES-CRIBED CENTERLINE: COMMENCING AT THE SOUTHEAST CORNER OF LA COSTA MEADOWS, UNIT NO. 2, ACCORDING TO MAP NO. 6905, ON FILE IN THE OFFICE OF THE COUNTY •RECORDER OF SAID COUNTY, SAID SOUTHEAST CORNER BEING A POINT ON THE SOUTHEASTERLY RIGHT-OF-WAY OF EL FUERTE STREET AS SHOWN ON SAID MAP NO. 6905; THENCE NORTH 68°13'07" EAST, 1536.70 FEET", THENCE SOUTH 68°01'10" EAST, 99.51 FEET; THENCE SOUTH 51°54'40" EAST, 141.03 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 83°05'20" EAST, 70.00 FEET TO THE POINT OF TERMINATION. THE NORTHERLY SIDELINE OF SAID EASEMENT SHALL BEGIN ON A LINE WHICH BEARS NORTH 51°54'40" WEST FROM THE TRUE POINT OF BEGINNING. THE SOUTHERLY SIDELINE OF SAID EASEMENT SHALL BEGIN ON A LINE WHICH BEARS SOUTH 22°52'25" WEST FROM THE TRUE POINT OF BEGINNING. BOTH SIDELINES SHALL END ON A LINE PERPENDICULAR THROUGH THE POINT OF TERMINATION. JDG:paf :dme CWMD 79-110 12/16/83 EXHIBIT D TO EASEMENT AGREEMENT 721 PARCEL G BEING A PORTION OF SECTION 30, TOWNSHIP 12 SOUTH, RANGE 3 WEST, OF SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING A 50.00-FOOT STRIP OF LAND LYING 15 FEET NORTHERLY AND EASTERLY AND 35 FEET SOUTHERLY AND WESTERLY ON EACH SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE SOUTHEAST CORNER OF LA COSTA MEADOWS,' UNIT NO. 2, ACCORDING TO MAP NO. 6905 ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID SOUTHEAST CORNER BEING A POINT ON THE SOUTH- EASTERLY RIGHT-OF-WAY LINE OF EL FUERTE STREET AS SHOWN ON SAID MAP NO. 6905; THENCE ALONG SAID SOUTHEASTERLY RIGHT-OF-WAY LINE THE FOLLOWING COURSES: NORTH 20°55'30" EAST, 885.00 FEET TO THE BEGINNING OF A TANGENT 1542-FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 6"46'17" A DISTANCE OF 182.24 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT HAVING A RADIAL WHICH BEARS NORTH 75"50'47" WEST; THENCE LEAVING SAID CURVE AND SAID RIGHT-OF-WAY LINE SOUTH 68°33'08" EAST, 299.00 FEET; THENCE NORTH 87°30'38" EAST, 230.22 FEET; THENCE NORTH 76°53'27" EAST, 397.84 FEET TO A POINT ON THE ARC OF A 200-FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 53°00'17" WEST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 3031'26" A DISTANCE OF 12.30 FEET; THENCE .SOUTH 40031'09" EAST, 126.24 FEET TO THE BEGINNING OF A TANGENT 300-FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 57°29'23" A DISTANCE OF 301.02 FEET TO A POINT ON CURVE, SAID POINT HAVING A RADIAL WHICH BEARS NORTH 73°01'46" WEST; THENCE LEAVING SAID CURVE SOUTH 19°28'46" EAST, 34.96 FEET TO THE POINT OF TERMINATION OF SAID LINE TO WHICH THE SOUTHEAST CORNER OF SAID MAP NO. 6905 BEARS SOUTH 68°13'07" WEST, 1536.70 FEET. SAID POINT OF TERMINATION LIES ON THE ARC OF A 322-FOOT RADIUS CURVE CONCAVEWESTERLY TO WHICH A RADIAL LINE BEARS SOUTH 68°orio" EAST. THE SIDELINES OF SAID 50.00-FOOT STRIP OF LAND SHALL BE SHORTENED OR EXTENDED AT THE WEST END (TRUE POINT OF BEGINNING) TO THE SAID SOUTHEAST RIGHT-OF-WAY LINE OF EL FUERTE STREET AND ON THE SOUTHEAST END (POINT OF TERMINATION) THE SOUTHWEST SIDE STRIP TO BE EXTE-NDED TO SAID 322-FOOT RADIUS CURVE, AND THE NORTHEAST SIDE STRIP TO BE EXTENDED TO A LINE WHICH BEARS NORTH 68°01'10" WEST. FJW:JDG:paf:dme CMWD 79-110 12/12/83 EXHIBIT E TO EASEMENT AGREEMENT 722 PARCEL K A PARCEL OF LAND BEING A PORTION OF PARCEL 4 OF PARCEL MAP 10179 ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, STATE OF CALIFORNIA, BEING A PORTION OF SECTION 30, TOWNSHIP 12 SOUTH, RANGE 3 WEST, OF THE SAN BERNARDINO MERIDIAN, CITY OF C'ARLSBAD, SAID COUNTY, SAID STATE, DESCRIBED AS FOLLOWS: A STRIP OF LAND 50.00-FEET IN WIDTH LYING 25.00-FEET ON EACH SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINE: •COMMENCING AT THE SOUTHEAST CORNER OF LA COSTA MEADOWS, UNIT NO. 2, ACCORDING TO MAP NO. 6905, ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID SOUTHEAST CORNER BEING A POINT ON THE SOUTHEASTERLY RIGHT-OF-WAY OF EL FUERTE STREET AS SHOWN ON SAID MAP NO. 6905; THENCE NORTH 68°13'07" EAST, 1536.70 FEET; THENCE SOUTH 68°01'10" EAST, 99.51 FEET; THENCE SOUTH 51°54'40" EAST, 141.03 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 83°05'20" EAST, 70.00 FEET TO THE POINT OF TERMINATION. THE NORTHERLY SIDELINE OF SAID EASEMENT SHALL BEGIN ON A LINE WHICH BEARS NORTH 51°54'40" WEST FROM THE TRUE POINT OF BEGINNING. THE SOUTHERLY SIDELINE OF SAID EASEMENT SHALL BEGIN OH A LINE WHICH BEARS SOUTH 22°52'25" WEST FROM THE TRUE POINT OF BEGINNING. BOTH SIDELINES SHALL END ON A LINE PERPENDICULAR THROUGH THE POINT OF TERMINATION. JDG:paf:dme CMWD 79-110 12/16/83 EXHIBIT F TO EASEMENT AGREEMENT 723 PARCEL B A PARCEL OF LAND BEING A PORTION OF PARCEL 4 OF PARCEL MAP 10179 ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, STATE OF CALIFORNIA, BEING A PORTION OF SECTION 30, TOWNSHIP 12 SOUTH, RANGE 3 WEST, OF THE SAN BERNARDINO MERIDIAN, CITY OF CARLSBAD, SAID COUNTY, SAID STATE, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LA COSTA MEADOWS, UNIT NO. 2, •ACCORDING TO MAP NO. 6905 ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID SOUTHEAST CORNER BEING A POINT ON THE SOUTHEASTERLY RIGHT-OF-WAY OF EL FUERTE STREET AS SHOWN ON SAID MAP NO. 6905; THENCE NORTH 68°13'07" EAST, 1536.70 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 68°01'10" EAST, 99.51 FEET; THENCE SOUTH 51"54'40" EAST, 141.03 FEET; THENCE SOUTH 22°52'25" WEST, 191.85 FEET; THENCE SOUTH 57°13'00" WEST, 73.07 FEET; THENCE NORTH 83°46'00" WEST, 185.97 FEET; THENCE NORTH 34°25'48" WEST, 144.00 FEET: THENCE NOTH 55°34'12" EAST, 100.00 FEET TO THE BEGINNING OF A TANGENT 322-FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 33°35'22" A DISTANCE OF 188.77 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THE FOLLOWING PORTION OF THE ABOVE-DESCRIBED PARCEL: BEGINNING AT THE ABOVE-DESCRIBED TRUE POINT OF BEGINNING; THENCE SOUTH 68001'10" EAST, 99.51 FEET; ' THEtJCE SOUTH 51°S4'40" EAST, 141.03 FEET; THENCE SOUTH 22°52'25" WEST, 191.85 FEET; THENCE SOUTH 57°13'00" WEST, 73.07 FEET; THENCE NORTH 83°46'00" WEST, 83.97 FEET; THENCE NORTH 22°02'11" WEST, 58.84 FEET; THENCE NORTH 34°25'48" WEST, 153.00 FEET; THENCE NORTH 55°34'12" EAST, 10.00 FEET TO THE BEGINNING OF A TANGENT 322-FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 33°35'22" A DISTANCE OF 188.77 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 0.368 ACRES MORE OR LESS. JDG : paf : dme CMWD 79-110 12/08/83 EXHIBIT G TO EASEMENT AGREEMENT 724 This is to certify that the interest in real property conveyed by the Deed dated May 22 , 1984 , from Daon Corporation, a Delaware corporation » as Grantor, to COSTA REAL MUNICIPAL WATER DISTRICT, a Munici- pal Water District organized and existing under the Municipal Water District Act of 1911, as amended, is hereby accepted by order of the Board of Directors of the COSTA REAL MUNICIPAL WATER DISTRICT on May 2 , 1984 , and the Grantee consents to recordation thereof by its duly authorized officer. DATED 22 1984 . COSTA REAL MUNICIPAL WATER DISTRICT By: Fred W. Maerkle^^ Board of Direcxco/rs