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HomeMy WebLinkAbout; Simpson, Douglas; 1994-0482622; Easement1 2 a 3 $7 4 1; 1: 1r 15 1f li It 1s 2( 2' 2: 2: 21 2! 21 2 2; :arlsbad Municipal Water District ) Xngineering Department 1, i950 El Camino Real I Recorder's use. ,. I&. 212-061-36 & 37 Faradav Court. Parcel B h C CWWD Project No. 83-108.7 .. ~.:.. ,..:..., ~ I, ~. DOCUMENTARY TRANSFER ';: " TAX: None ..' 3::: .," ."" CARLSBAD MUNICIPAL:. !.'<: :::. ~ . '2 :; , ::; :p;:+. I* .:":",'. ., .' ..; Si I. Board of Dlrectors property does hereby grant to CARLS.FhD MUNICIPAL WATER DISTRICT, a Public Agency organized in the State of California, 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, 1 3/14/91 REV. 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 1E li 1.5 1E 2c 21 2; 2: 2r 2t 2f 2; 2I uhether above or below the surface of the ground. Said facility may include pipelines, pumping facilities, structures designed to control the flow of water and all facilities and structures associated with said use which are designed to facilitate the use and protect the facility from natural and other forms of damage including, but limited to, erosion control facilities, fences', gates, doors, locking devices, alarms, lights, and all other pro<&tive facilities and devices. The use shall ,. .. . ',. ,, also inclu ns of access to and from said facility for the purpose ructing, operating, repairing, maintaining, econstructing said facility. ses described herein shall be exblusivi': to the or herein agrees that no buildings and/or 'structures will be erected, walls constructed, fences built nor trees planted, nor may the used by thB Grantor or any other person or entity, incliI8ing':o%,hbr utilities, whether public or private, for uses whether cox$atible or incompatible with the uses described herein without the express written approval of the Grantee. , ,. , . ,, ,. .. .' ,. _. . ., , ., . '. ".': . ",' ,. . ., /// /// /// /// /// /// /// /// /// /// 3/14/91 REV. 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 10 19 2c 21 22 2: 2r 2: 2f 2; 2l DCATION OF THE EASEMENT: The easement grante d herein shall be located within and lpon the properties more particularly described in Exhibit "A" and :xhibit 18Bl' attached hereto and lereof. by this reference made a part Executed by the GRANTOR this 2-r dag 19%. GRANTOR: Man, as his ede, And separate DOUGLAS G. SIMPSON, a Married property (name of grantor) .,..I ,, ., #. (title of signatory) (title of signatory) 4PPROVED AS TO' Fdm: RONALD R. BALL ZENERAL COUNSEL ',. ., '~ (Notarial acknowledgment of execution by GRANTOR must be attached.) CMWD 83-108.7 3 3/14/91 REV. STATE OF CALIFORNIA 1 COUNTY OF San Dieao I 1 ss. On 7/22/94 before me, Sandra J. Schuck, Notary Public DATE NAME, TITLE OF OFFICER personally appeared Douqlas G. SimDson NAME(S) OF SIGNER(S) pf?vsQty$ly)ylpwvtp~~ - OR -Bproved to me on the basis of satisfactory evidence to be the person(g) whose name(@ is/gr,e/subscribed to the within instrument and acknowledged to me that he/gl?c$W executed the same in his/tiigr/their authorized capacity(&), and that by his/nGWWjt signature($) on the instrument the person($), or the entity upon behalf of which the person(4 acted, executed the instrument. WITNESS my hand and official seal. (This area for official notary seal.) pTltleor Type of Document Easement I Date of Document Signer(s) other than named above 7/22/94 None No. Of Pages i 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 10 19 20 21 22 23 24 25 26 27 28 CERTIFICATION OF ACCEPTANCE OF DEED * This is to certifr that the interest in real property conveyed by the grant deed or easement, dated $$/?k/mm lWUGLAS G. SIMPSON. a Married Man. as his soh andseDamte pmDer*, to the Carlsbad Municipal Water Dis-, Carlsbad, California, a' Municipal Water District Act of I9I1, as amended, iv h&6y a?.cepted by the undersigned oficer or agent on behalf of the Carlsbad Municipal Water District, &?&bad, Cal;fornia, pursuant to authority conferred by Resolution N0.m of the Carlsbad'.nilritr&ipal ., Water District adopted on January 28, 1992, and the grantee consents ., . ., ', ' ,, '... ,;*;.. ~,.. .. ,, ... to recordation ., thereof $y its dub authorized oficer. CMWD 83.108.7 EXHIBIT "A" LEGAL DESCRIF'TION VARIABLE WIDTH WATER EASEMENTS A PORTION OF PARCEL D OF PARCEL MAP NO. 14461, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE OFFICIAL RECORDS. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COUNTY RECORDER OF SAN DIEGO, SEPTEMBER 12,1986 AS FILE NO. 86-402406 OF PARCEL A: BEGINNING AT THE MOST SOUTHWESTERLY CORNER OF SAID LOT D, SAID CORNER ALSO BEING THE MOST SOUTHWESTERLY CORNER OF MAP 11230 RECORDED MAY 10, 1985 AS FILE NO. 85-165947 OF OFFICIAL RECORDS; THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID LOT D NORTH 18'26'06" WEST 316.00 FEET TO THE NORTHERLY LINE OF A GENERAL UTILITY AND ACCESS EASEMENT AS DEDICATED AND ACCEPTED ON SAID MAP NO. 11230; THENCE EASTERLY ALONG SAID NORTHERLY LINE OF SAID GENERAL UTILITY AND ACCESS EASEMENT NORTH 71'33'54" EAST 240.08 FEET; THENCE NORTH 50'29'13" EAST (NORTH 50°29'12" EAST PER SAID MAP 11230) 142.06 FEET TO THE MOST SOUTHWESTERLY CORNER OF A GENERAL UTILITY AND ACCESS EASEMENT DEDICATED AND ACCEPTED ON SAID PARCEL MAP NO. 14461 HEREIN REFERRED TO AS POINT "A"; THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID GENERAL UTILITY AND ACCESS EASEMENT NORTH 39"30'47" WEST 131.25 FEET TO A CORNER OF SAID GENERAL UTILITY AND ACCESS EASEMENT, BEING THE TRUE POINT OF BEGINNING, THENCE RETRACING SOUTH 39"30'47" EAST 15.75 FEET; THENCE LEAVING SAID WESTERLY LINE, SOUTH 50°29'13" WEST 50.50 FEET; THENCE NORTH 39'30'47'' WEST 44.50 FEET; THENCE SOUTH 50"29'13" WEST 20.92 FEET; THENCE NORTH 39'30'47" WEST 15.00 FEET; THENCE NORTH 50'29'13" EAST 24.00 FEET TO A POINT ON SAID GENEdAL UTILITY AND ACCESS EASEMENT; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID GENERAL UTILITY AND ACCESS EASEMENT SOUTH 39'30'47'' EAST 43.75 FEET TO A CORNER OF SAID GENERAL UTILITY AND ACCESS EASEMENT, THENCE EASTERLY ALONG THE NORTHERLY LINE OF SAID GENERAL UTILITY AND ACCESS EASEMENT NORTH 50 "29'13" EAST 47.42 FEET TO THE TRUE POINT OF BEGINNING. CMWD 83-C.O7(A) PARCEL "B" BEGINNING AT POINT "A" DESCRIBED HEREIN IN PARCEL A, THENCE EASTERLY ALONG SAID NORTHERLY LINE OF SAID GENERAL UTILITY AND ACCESS EASEMENT NORTH 50"29'13" EAST 24.00 FEET TO THE MOSTSOUTHEASTERLY TO AS POINT "B"; THENCE NORTHERLY ALONG THE EASTERLY LINE OF SAID GENERAL UTILITY AND ACCESS EASEMENT NORTH 39'30'47" WEST 115.50 FEET TO THE TRUE POINT OF BEGINNING. THENCE CONTINUING NORTHERLY ALONG SAID EASTERLY LINE NORTH 39'30'47'' WEST 30.75 FEET TO THE NORTHEASTERLY CORNER OF SAID GENERAL UTILITY AND ACCESS EASEMENT, THENCE NORTH 50 "29'13" EAST 11.00 FEET; THENCE SOUTH 39"30'47" EAST 30.75 FEET; THENCE SOUTH 50"29'13" WEST 11.00 FEET TO THE.TRUE POINT OF BEGINNING. CORNER OF SAID GENERAL UTILITY AND ACCESS EASEMENT, HEREIN REFERRED PARCEL "C" BEGINNING AT POINT "B" DESCRIBED HEREIN IN PARCEL "B"; THENCE EASTERLY ALONG SAID NORTHERLY LINE OF SAID GENERAL UTILITY AND ACCESS EASEMENT AS SHOWN ON SAID MAP 11230, NORTH 50'29'13" EAST 253.98 FEET TO A POINT ON SAID NORTHERLY LINE HEREIN REFERRED TO AS POINT "C", SAID POINT BEING THE TRUE POINT OF BEGINNING. THENCE NORTH 39"30'47" WEST 24.96 FEET; THENCE NORTH 50'29'13" EAST 13.55 FEET; THENCE NORTH 39"30'47" WEST 7.00 FEET; THENCE NORTH 50"29'13" EAST 11.45 FEET; THENCE SOUTH 39" 30'47" EAST 31.96 FEET TO SAID NORTHERLY LINE OF SAID GENERAL UTILITY AND ACCESS EASEMENT; THENCE WESTERLY ALONG SAID NORTHERLY LINE SOUTH 50'29'13" EAST 25.00 FEET TO THE TRUE POINT OF BEGINNING. PARCEL "D" BEGINNING AT POINT "C" DESCRIBED HEREIN IN PARCEL "C", THENCE EASTERLY ALONG SAID NORTHERLY LINE OF SAID GENERAL IJTILITY AND ACCESS EASEMENT AS SHOWN ON SAID MAP 11230, NORTH 50'29'13" EAST 55.63 FEET; THENCE CONTINUING NORTHEASTERLY ALONG SAID LINE NORTH 5'29'12" EAST 40.97 FEET, THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID GENERAL UTILITY AND ACCESS EASEMENT NORTH 39'30'48" WEST 132.03 FEET TO A CORNER OF A GENERAL UTILITY AND ACCESS EASEMENT AS SHOWN ON SAID PARCEL MAP 14461; THENCE WESTERLY ALONG THE SOUTHERLY LINE OF SAID GENERAL UTILITY AND ACCESS EASEMENT SOUTH 50°29'12" WEST 110.00 FEET; THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID GENERAL UTILITY CMWD 83-C.O7(A) 2 AND ACCESS EASEMENT NORTH 39'30'48'' WEST 20.00 FEET; THENCE EASTERLY ALONG THE NORTHERLY LINE OF SAID GENERAL UTILITY AND ACCESS EASEMENT NORTH 50"29'12" EAST 16.44 FEET TO A POINT ON SAID NORTHERLY LINE, SAID POINT BEING THE TRUE POINT OF BEGINNING, THENCE LEAVING SAID NORTHERLY LINE NORTH 35"21'48" WEST 10.00 FEET; THENCE NORTH 54" 38'12" EAST 91.22 FEET TO POINT ON THE SOUTHERLY LINE OF EXISTING GENERAL UTILITY AND ACCESS EASEMENT AS SHOWN ON SAID MAP NO. 11230; SAID POINT BEING ON A 142.00 FOOT RADIUS CURVE CONCAVE NORTHERLY HAVING A RADIAL BEARING OF SOUTH 5'09'38" WEST; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF l"58'12" A DISTANCE OF 4.88 FEET TO A CORNER OF SAID GENERAL UTILITY AND ACCESS EASEMENT AS SHOWN ON SAID PARCEL MAP 14461; THENCE WESTERLY ALONG THE NORTHERLY LINE OF SAID GENERAL UTILITY AND ACCESS EASEMENT SOUTH 50°29'12" WEST 95.24 FEET TO THE TRUE POINT OF BEGINNING. CMWD 83-C.O7(A) 3 1.: LOCATION MAP 2m I PROJECT NAME1 EXHIBIT PROJECT FARADAY COURT NO CMWD 83-C.07CA) B JN 1354 . PANc%L 'c' WATER ME" WUW EIUMWAL WAtcR DISTRlcT N 39'30'47' W 29.41' owrum To N 50'29'13' t 24.00' N 39'30'4T W 15.00' N 50'29'13" E 20.92' N 39'30'47" W 44.50' " N 50'29'13' f 50.50' PORTION OF CN5 MfMW GfNtKAL LmuTy ' ACCtPTCO ON MA OCDIU\JfO AN0 NO. 14461. I I 'RO JECT NAME1 PROJECT EXHIBI FARADAY COURT CHM NO C 83-C,07<A) \ N 50'29'12" E 110.00' AND ACC€55 &45EMENT DEDICATED AND ACC€PJ€D ON MAP 14461 PORTION OF EX~TING GENECAL UTIUJ~ . @ N 39'30'18" W 20.00' @ N 50'29'1T € 16.44' @ N 35'21'48 W 10.00' @ A=l'5&lT R=112.00' I L=1.88' @ N 39.30'47" W 24.96' 1 @ N 50'29'15" E 13.55' @ N 39'30'17" W 7.00' @ N 50'29'13" E 11.45' , @ N 39'30'47 W 31.96' I' r, 24.00' JN 1354 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 , 'LEASE RECORD THIS DOCUMENT AT 40 FEE AS IT IS TO THE BENEFIT >F THIS DISTRICT (GOV. CODE [6103]). ?ECORDING REQUESTED AND YHEN RECORDED, PLEASE MAIL TO :arkbad Municipal Water District i950 El Carnino Real :arkbad, California 92008 Space above this line for Recorder's use. ,, ., .. .. SWOR~~~NATION AGREEMENT ., (TRUST DEED HOLDERS) 4PN: 212-061-36 & 37 CMWD: 03-1 08.7 .. . . a,.,*. I . 1, ..a. ::: I, HIS SUBORDINATION AGREEMENT RESULTS IN UR SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO (AN) EASEMENT IN THE ;'; INSTRUMENT AlTACHES AND HAS THE POTENTIAL REAL PROF?!RTY TO WHICH YOUR SECURITY , . EP-. OF REDUCING THE VALUE OF YOUR . . SECudr,W INTEREST. .j DOUGLAS G. SIMPSON, a Marrleil wan. as his sole and separate property (Trustor/Owner) lereinafter referred to as 'Owner,' Owner of the land and RANCHO VISTA NATIONAL BANK (Beneficiary) iereinafter referred to as 'Beneficiary"; present owner and holder of the deed of trust hereinafter jescribed; WITNESSETH THAT WHEREAS, DOUGLAS G. SIMPSON did execute (Trustor) 3 deed of trust, dated January 10 , 19x to CAL-WEST MORTGAGE COMPANY, a California 3s trustee, covering a portlon of Parcel D of Parcel Map No. 14461, In the City of Carlsbad. COUntv (Date) (Trustee) Corporation I 3/23/94 Rev. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2f 27 2E (See Exhiba "P, .B". 'C' & 'D' for Detailed Description) (Brief Legal Description) to secure a note in the sum of twenw-five thousand dollars($ 925,000.00 ) dated January 10 , 19*, in favor of RANCHO VISTA NATIONAL BANK recorded in the office of the County Recorder of San Dleqo County on Januarv 13, 1994 , as File No. 1994-0028839 of Official Records of said county: and nine hundred (Lien Amount) (Dated) (Beneficiary) (County) (Date Recorded) (F/P No.) .. , .;.: WHEREA$~~~~&~has executed, or is about to execute, as grantor, a grant of EASEMENT/EASEMENTS dit& as grantee, her red to as "Easement Grantee,' creating AN/THE EASEMENTIEASEMENTS more particularly des&&d in EXHIBIT/EXHIBITS 'A". 'B'. 'C' & 'D' attached hereto; and ,:";WHEREAS, Easement Grantee iswillingto accept said EASEMENT/ .,!i. , . ., '* , in favor of the Carlsbad Municipal Water District :: . ', -. -.; EASEMENTS is a Charge upon the above described property prbrand superior to the lien or charge of the deed of trust above mentioned and provided that beneficiary will specifically and uncondition4~'hordjWate the lien or'charge of the deed of trust above mentioned to the lien or charge of the EASEMENTjfi&'&ENTS created in favor of Easement Orantee; and .. .. ., .,,._I . ,. .: , , ", . WHEREAS, 61s tbthe mutual benefit of the parties hereto that Easement Grantee accept said EASEMENT/EASkMENTS and Beneficiary is willing that the grant of EASEMENT/EASEMENTS shall, when recorded, constitute a charge upon said land which is unconditionally prior and superior to the lien or charge of the deed of trust above mentioned. NOW, THEREFORE, in consideration of the mutual benefits accruing to the parties hereto and other valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, and in order to induce Easement Grantee to accept said EASEMENT/EASEMENTS above referred to, it is hereby declared, understood and agreed as follows: 1, That said EASEMENT/EASEMENTS in favor of Easement Grantee shall unconditionally be and remain at all times a charge on the property therein described, prior and superior to the lien or charge of the deed of trust above mentioned. 2. That Easement Grantee would not accept said EASEMENT/EASEMENTS above 2 3/23/94 Rev 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 I? 18 1s 2c 21 2; 22 24 25 2f 2; 2t 2915 lescribed without this subordination agreement. 3. That this agreement shall be the whole and only agreement with regard to the ;ubordination of the lien or charge of the deed of trust above mentioned to the EASEMENTIEASEMENTS n 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 jescribed, any prior agreement as to such Subordination including, but not limited, those provisions, if my, contained in the dedof till& above mentioned, which provide for the subordination of the lien or :harge thereof to another i st in the real property therein described. ,_ " ARY declares, agrees and acknowledges that: consent to and approve the grant of EASEMENTIEASEMENTS in favor of the Easement Gracee., ' .i":; ~::. *.; :.: . I .: , * ;. ,! 2. rwe) intentionally and unconditionally subordinate the lien or charge & the deed of :rust above to the EASEMENTIEASEMENTS in favor of Easement Grante&'&ve referred to and understands that in reliance upon, and in consideration of, this subordination of the grant of EASEMENT/EASiikNT~,'$tjiig executed and delivered, the EASEMENTIEASEMENTS WARE being created, and that specific 'm'm&ary and other obligations are being and will be entered into by the Easement Grantee, other lenden and title insurance companies which woukl not be made or entered ,. . ,. . ,, . ~ _b ,, .. ._, ~ . ,. .' . ,. into but for said reliance upon the Subdrdhration: and Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 3/23/94 Rev. 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 EASEMENT/EASEMENTS in favor of Easement Grantee above referred to Exe=t+he BENE;l@$this __ 12 day of BENEFICIARY: 7 Executed by the OWN el this I day , 19- OWNER: DOUGLAS G. SIMPSON, a Married Man, as his sole K,r;:G4 ~ By: (authorized signature) . By: (authorized signature) ;.. (name) (title) ,, . ,.'.. NOTE THAT THE PRESIDENT OR' VICE-PRESIDENT AND THE SECRETARY OR ASSISTANT COPY OF THE RESOLUTION OF THE BOARD OF DIRECTORS THAT IS SIGNED BY THE SECRETARY . ' ,, . ', SECRETARY MUST SIGN A CORPORATE EXECUTION OF THIS DOCUMENT. ALTERNATELY ATRUE OR ASSISTANT SECRETARY OF THE CORPORATION, UNDER CORPORATE SEAL SPECIFICALLY SUFFICIENT AUTHORITY OF SAID INDIVIDUAL TO ACT IN THIS MATTER. EMPOWERING THE INDIVIDUAL SIGNING IN BEHALF OF THE CORPORATION WILL SHOW THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO. IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS SUBORDINATION AGREEMENT, Approved as to form: Ronald R. Ball, General Counsel y 0 IL" &ren Hirata, Deputy Gueral Counsel (Notarial acknowledgement of execution of OWNER and BENEFICIARY must be attached. CMWD 83-108.7 4 3/23/94 Rev. CAPACITY CLAIMED BY SIGNER Though stawte does not require lhe Notary Io fill in the data below, doing so may prove inmluable to perm relying on the document. 0 INDIVIDUAL 0 CORPORATE OFFICER(S) 0 PARTNER(S) 0 LIMITED 0 ATTORNEY-IN-FACT .. 0 GENERAL 0 TRUSTEE(S) 0 GUARDIAN/CONSERVATOR ZALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5193 on July 7, 1994 beforeme, Tordis Paplow, Notary Public Douglas G. Simpson DATE NAME, TITLE OF OFFICER - E.G.. "JANE DOE. NOTARY PUBLIC' personally appeared NAME(S) OF SIGNER(S) 6d personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name@) islare subscribed to the within instrument and ac- the same in hislherltheir authorized knowledged to me that helshelthey executed capacity(ies), and that by hislherltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT THE DOCUMENT DESCRIBED AT RIGHT NUMBER OF PAGES DATE OF DOCUMENT 01993 NATIONAL NOTARY AssoClATlON .a233 Remmel Ave., P.O. Box 7184 Camp Park, CA 913047184 SIGNER IS REPRESENTING: NAME OF PERSCU(S) OR ENTITY(IES) :ALIFORNIA ALL-PURWSE ACKNOWLEDGMENT NO - OPTIONAL SECTION - CAPACITY CLAIMED BY SIGNER Thwgh statute does not require the Notary to fill in the data below, doing so may prove invaiuable to pmns relying on the documem. 0 INDIVIDUAL 0 CORPORATE OFFICER(S) 0 personally known to me - OR - proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)ielare subscribed to the within instrument and ac- the same in Wtheir authorized knowledged to me that bufddthey executed capacity(ies), and that by -their or the entity upon behalf of which the signature(s) on the instrument the person(s), person@) acted, executed the instrument. 0 PARTNER(S) 0 LIMITED 0 ATTORNEY-IN-FACT TITLE(S) 0 GENERAL 0 TRUSTEE(S) 0 GUARDIAN/CONSERVATOR 0 OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITV(1ES) OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT THE DOCUMENT DESCRIBED AT RIGHT Though the data requested here is not required by law, it could wevent lrsudulent reanachment 01 this form SIGNEVS) OTHER THAN NAMED ABOVE ~ NUMBER OF PAGES DATE OF DOCUMENT 01993 NATIONAL NOTARY ASSOCIATION. 8236 Remmet Ave., P.O. Box 7184 f Cancga Park, CA 91309-7184 EXHIBIT "A" LEGAL DESCRIPTION VARIABLE WIDTH WATER EASEMENTS A PORTION OF PARCEL D OF PARCEL MAP NO. 14461, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE OFFICIAL RECORDS. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COUNTY RECORDER OF SAN DIEGO, SEPTEMBER 12,1986 AS FILE NO. 86-402406 OF PARCEL A BEGINNING AT THE MOST SOUTHWESTERLY CORNER OF SAID LOT D, SAID CORNER ALSO BEING THE MOST SOUTHWESTERLY CORNER OF MAP 11230 RECORDED MAY 10, 1985 AS FILE NO. 85-165947 OF OFFICIAL RECORDS; THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID LOT D NORTH 18"26'06" WEST 316.00 FEET TO THE NORTHERLY LINE OF A GENERAL UTILITY AND ACCESS EASEMENT AS DEDICATED AND ACCEPTED ON SAID MAP NO. 11230; THENCE EASTERLY ALONG SAID NORTHERLY LINE OF SAID GENERAL UTILITY AND ACCESS EASEMENT NORTH 71'33'54" EAST 240.08 FEET; THENCE NORTH 50'29'13" EAST (NORTH 50'29'12'' EAST PER SAID MAP 11230) 142.06 FEET TO THE MOST SOUTHWESTERLY CORNER OF A GENERAL UTILITY AND ACCESS EASEMENT DEDICATED AND ACCEPTED ON SAID PARCEL MAP NO. 14461 HEREIN REFERRED TO AS POINT "A"; THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID GENERAL UTILITY AND ACCESS EASEMENT NORTH 39'30'47" WEST 131.25 FEET TO A CORNER OF SAID GENERAL UTILITY AND ACCESS EASEMENT, BEING THE TRUE POINT OF BEGINNING; THENCE RETRACING SOUTH 39O30'47" EAST 15.75 FEET; THENCE LEAVING SAID WESTERLY LINE, SOUTH 50°29'13" WEST 50.50 FEET; THENCE NORTH 39"30'47" WEST 44.50 FEET; THENCE SOUTH 50"29'13" WEST 20.92 FEET; THENCE NORTH 39'30'47" WEST 15.00 FEET; THENCE NORTH 50'29'13" EAST 24.00 FEET TO A POINT ON SAID GENERAL UTILITY AND ACCESS EASEMENT; AND ACCESS EASEMENT SOUTH 39"30'47" EAST 43.75 FEET TO A CORNER OF SAID GENERAL UTILITY AND ACCESS EASEMENT; THENCE EASTERLY ALONG THE NORTHERLY LINE OF SAID GENERAL UTILITY AND ACCESS EASEMENT NORTH 50 O29'13" EAST 47.42 FEET TO THE TRUE POINT OF BEGINNING. THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID GENERAL UTILITY CMWD 83-C.O7(A) ,. PARCEL "B' BEGINNING AT POINT "A" DESCRIBED HEREIN IN PARCEL A; THENCE EASTERLY ALONG SAID NORTHERLY LINE OF SAID GENERAL UTILITY AND ACCESS EASEMENT NORTH 50"29'13" EAST 24.00 FEET TO THE MOSTSOUTHEASTERLY CORNER OF SAID GENERAL UTILITY AND ACCESS EASEMENT, HEREIN REFERRED TO AS POINT "B"; THENCE NORTHERLY ALONG THE EASTERLY LINE OF SAID GENERAL UTILITY AND ACCESS EASEMENT NORTH 39"30'47" WEST 115.50 FEET TO THE TRUE POINT OF BEGINNING. THENCE CONTINUING NORTHERLY ALONG SAID EASTERLY LINE NORTH 39'30'47'' WEST 30.75 FEET TO THE NORTHEASTERLY CORNER OF SAID GENERAL UTILITY AND ACCESS EASEMENT; THENCE NORTH 50 O29'13" EAST 11.00 FEET THENCE SOUTH 39"30'47" EAST 30.75 FEET; THENCE SOUTH 50'29'13'' WEST 11.00 FEET TO TEE-TRUE POINT OF BEGINNING. PARCEL "C" BEGINNING AT POINT "B" DESCRIBED HEREIN IN PARCEL "B"; THENCE EASTERLY ALONG SAID NORTHERLY LINE OF SAID GENERAL UTILITY AND ACCESS EASEMENT AS SHOWN ON SAID MAP 11230, NORTH 50'29'13'' EAST 253.98 FEET TO A POINT ON SAID NORTHERLY LINE HEREIN REFERRED TO AS POINT "C", SAID POINT BEING THE TRUE POINT OF BEGINNING. THENCE NORTH 39'30'47'' WEST 24.96 FEET; THENCE NORTH 50O29'13" EAST 13.55 FEET, THENCE NORTH 39'30'47" WEST 7.00 FEET; THENCE NORTH 50'29'13'' EAST 11.45 FEET; THENCE SOUTH 39" 30'47" EAST 31.96 FEET TO SAID NORTHERLY LINE OF SAID GENERAL UTILITY AND ACCESS EASEMENT; THENCE WESTERLY ALONG SAID NORTHERLY LINE SOUTH 50°29'13" EAST 25.00 FEET TO THE TRUE POINT OF BEGINNING. PARCEL "D" BEGINNING AT POINT "C" DESCRIBED HEREIN IN PARCEL "C", THENCE EASTERLY ALONG SAID NORTHERLY LINE OF SAID GENERAL UTILITY AND ACCESS EASEMENT AS SHOWN ON SAID MAP 11230, NORTH 50'29'13" EAST 55.63 FEET; THENCE CONTINUING NORTHEASTERLY ALONG SAID LINE NORTH 5'29'12" EAST 40.97 FEET; THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID GENERAL UTILITY AND ACCESS EASEMENT NORTH 39'30'48" WEST 132.03 FEET TO A CORNER OF A GENERAL UTILITY AND ACCESS EASEMENT AS SHOWN ON SAID PARCEL MAP 14461; THENCE WESTERLY ALONG THE SOUTHERLY LINE OF SAID GENERAL UTILITY AND ACCESS EASEMENT SOUTH SO"29'12" WEST 110.00 FEET; THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID GENERAL UTILITY CMWD 83-C.O7(A) L 2920 .. ,. . AND ACCESS EASEMENT NORTH 39°30'48" WEST 20.00 FEET; THENCE EASTERLY ALONG THE NORTHERLY LINE OF SAID GENERAL UTILITY AND ACCESS EASEMENT NORTH 50°29'12" EAST 16.44 FEET TO A POINT ON SAID NORTHERLY LINE, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID NORTHERLY LINE NORTH 35'21'48" WEST 10.00 FEET; THENCE NORTH 54" 38'12" EAST 91.22 FEET TO POINT ON THE SOUTHERLY LINE OF EXISTING GENERAL UTILITY AND ACCESS EASEMENT AS SHOWN ON SAID MAP NO. 11230; SAID POINT BEING ON A 142.00 FOOT RADIUS CURVE CONCAVE NORTHERLY HAVING A RADIAL BEARING OF SOUTH S"09'38" WEST; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1'58'12" A DISTANCE OF 4.88 FEET TO A CORNER OF SAID GENERAL UTILITY AND ACCESS EASEMENT AS SHOWN ON SAID PARCEL MAP 14461; THENCE WESTERLY ALONG THE NORTHERLY LINE OF SAID GENERAL UTILITY AND ACCESS EASEMENT SOUTH 50°29'12" WEST 95.24 FEET TO THE TRUE POINT OF BEGINNING. CMWD 83-C.O7(A) 3 LOCATION MAP 2921 PROJECT NAME1 EXHIBIT PROJECT FARADAY COURT NO CMWD 83-Ce07<A) B JN 1354 N 39.3~47" w 29.41' w N 50'29'13' C 24.00'- N 39'30'47" W N 50'29'15" C 50.50'y N 50'29'13" C PAWCGL 'D' I2 PORTION OF EXISTIN ACCE5.5 D\SEMWT DEDICATED AND ' ACC€PT€D ON MAP ... GENEPA UTIUTY AN 13 LI NO. 14461. I2 I I I 'ROJECT NAME1 PROJECT EXHIBIT FARADAY COURT NO CMWD C 83-C.OfW I .----" \ L 1 3:' A ,' ., s, I \ \ 2923 &, b.P.0.0 AND ACCE5 E45fM€NT DfDlCATED AND POR77ON OF €X15TlN& GENERAL UJiaJr ACCEPJ€D ON MAP 14461 @ N 39'30'48" W 20.00' @ N 50'29'12" E 16.44' @ N 35'21'48" W 10.00' @ &1.50'12" R=142.00' L=I.BB' @ N 39.30'47" W 24.96' @ N 50'29'13" E 13.55' @ N 39'30'47" W 7.00' @ N 50'29'13" E 11.45' @ N 39'30'47' W 31.96' I P I \I \ ". r, \ . 1 24.00' I " FARADAY COURT JN 1354