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HomeMy WebLinkAbout; W9/LNP Real Estate, LP; 1999-0789037; Easemente ,& ' , *. " , RECORDING REQUESTED BY W9 / LNP Real Estate Limited Partnership AND WHEN RECORDED, PLEASE MAIL TO: Carlsbad Municipal Water District 5950 El Camino Real Engineering Department Carlsbad. California 92008 2990 DqC # 1999-0789031 Dec 02. 1999 11:17 AM MAIL TAX STATEMENTS TO: Fb EXEMPT 1999.0780037 17' Please record the document at no HF fee as it is to the benefit of the District (Gov. Code [6103].) 213-\W-O\Shru 0% Space above this line for Recorder's use. The undersigned grantor(s) declare(s): Assessor's Parcel No. 213-020-14 Documentary transfer tax is 50.00 Project No. & Name 97-272 Lincoln Northoointe. ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and ( ) Unincorporated area: (x) City of Carlsbad , and encumbrances remaining at time of sale. FOR A VALUABLE CONSIDERATION, CARLSBAD MUNICIPAL WATER DISTRICT receipt of which is hereby acknowledged. Parcel 1, Parcel Map No. 11 10. El Camino Real LA3 \q4 GRANT DEED OF WATER LINE EASEMENT W9 / LNP REAL ESTATE LIMITED PARTNERSHIP, a Delaware limited partnership does hereby grant to CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 191 1, and a Subsidiary District of the City of Carlsbad, its successors and assigns, an easement. Purpose: the easement granted herein shall be granted for the following purposes: the construction, operation, repair, reconstruction and all activities necessaty to construct, reconstruct, operate, maintain and repair facilities designed for the general purpose of collecting, storing, transporting, pumping and treating all water, including surface water, stream water, flood water and ground water flowing into said facilities, and all natural and artificial drainage ditches and structures of any kind, whether above or below the surface of the ground. Said facility may include pipelines, pumping facilities, structures designed to control the flow of water and all facilities and structures associated with said use which are designed to facilitate the use and protect the facility from natural and other forms of damage including, but not limited to, erosion control facilities, fences, gates, doors, locking 1 0811 7/98 Rev. 2991 &ices, alarms. lights: and all other protective facilities and devices. The use shall also include a means of access to and from said facility for the purpose of constructing, operating, repairing, maintaining, inspecting and reconstructing said facility. The uses described herein shall be exclusive to the Grantee. Grantor herein agrees that no buildings andlor structures will be erected, walls constructed, fences built nor trees planted, nor may the easement be used by the Grantor or any other person or entity, including other utilities, whether public or private, for uses whether compatible or incompatible with the uses described herein without the express written approval of the Grantee. LOCATION OF THE EASEMENT: The easement granted herein shall be located within and upon the properties more particularly described in Exhibit "A" and Exhibit "B" attached hereto and by this reference made a part hereof. Executed by the Grantor this e day of- lS49. GRANTOR PARTNERSHIP (Notarial acknowledgement of execution of PROPERTY OWNER must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) (If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to execute this instrument.) APPROVED AS TO FORM: RONALD R. BALL. GENERAL COUNSEL By: -1, Assistant Counsel CMWD 97-272 08/17/98 Rev. 2 , ,' .. 2992 STATE OF CALIFORNIA 1 COUNTY OF PO 1 ss. On 9 before me. nvm DATE NAME AND TITLE OF OFFICER personally appeared NAME(S) OF SIGNERP) @I personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the personfsfwhose name@ is/afe subscribed to the within instrument and acknowledged to me that hemexecuted the same in hishd'hair authorized capacity@+. and that by his- signature# on the instrument the person@), or the entity upon behalf of which the person@ acted, executed the instrument. WITNESS my hand and official seal (This area for official notary seal.) Title or Type of Document Date of Document No. of Pages Signer(s) other than named above 06/14/95 Rev. 2993 CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the grant deed of easement, dated September 15th , 19-, from W9 / LNP REAL ESTATE LIMITED PARTNERSHIP, a Delaware limited DartnerShiD to the Carlsbad Municipal Water District, Carlsbad, California, pursuant to the Municipal Water District Act of 191 1, as amended, is hereby accepted by the undersigned officer or agent on behalf of the Carlsbad Municipal Water District, Carlsbad, California, pursuant to authority conferred by Resolution No. 996 of the Carlsbad Municipal Water District adopted on September 9, 1997, and the grantee consents to recordation thereof by its duly authorized officer. Lorraine M. Wood, Deputy City Clerk 11/03/97 Rev. ., i. ' 2994 MARCH 12, 1998 REVISED JUNE 15, 1998 REVISED JULY 22, 1998 REVISED FEBRUARY 4, 1999 J.N.: 971041 EXHIBIT "A" WATER EASEMENT AT PARCEL 1 OF PARCEL MAP NO. 1110 PARCEL A ALL THAT PORTION OF PARCEL 1 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARCEL MAP THEREOF NO. 1110, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO, NOVEMBER 10, 1972 AS FILE NO. 302114 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF SAID PARCEL 1, SAID POINT BEING ON A 1955.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, A RADIAL TO SAID POINT BEARS NORTH 83'47'49'' EAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE AND ALONG SAID EASTERLY BOUNDARY LINE, THROUGH A CENTRAL ANGLE OF 14'21'06", AN ARC DISTANCE OF 489.70 FEET; THENCE CONTINUING ALONG THE BOUNDARY OF SAID PARCEL 1 AND TANGENT TO SAID CURVE SOUTH 08°08'55" WEST, 249.18 FEET; THENCE LEAVING SAID BOUNDARY NORTH 81'51'05'' WEST, 39.02 FEET TO A POINT ON THE PROPOSED WESTERLY POINT OF BEGINNING; RIGHT-OF-WAY OF EL CAMINO REAL, SAID POINT ALSO BEING THE TRUE - THENCE LEAVING SAID PROPOSED RIGHT-OF-WAY NORTH 81'51'05'' WEST, 151.88 FEET; THENCE SOUTH 08"08'55" WEST 6.70 FEET: THENCE NORTH 81'51'05'' WEST, 20.00 FEET; THENCE NORTH 08'08'55'' EAST, 6.70 FEET; THENCE NORTH 81'51'05'' WEST, 27.66 FEET; THENCE SOUTH 14'58'47" EAST, 15.28 FEET; THENCE SOUTH 7S001'13" WEST, 43.41 FEET; THENCE NORTH 14'58'47'' WEST, 18.00 FEET; THENCE SOUTH 75°01'13" WEST, 288.34 FEET; THENCE SOUTH 14°58'47'' EAST, 246.24 FEET; THENCE SOUTH 08'08'55" WEST, 8.78 FEET; THENCE SOUTH 81'51'05" EAST, 15.68 FEET; THENCE SOUTH OE"O8' 55" WEST, 20.00 FEET; THENCE NORTH 81'51'05'' WEST, 15.68 FEET; THENCE SOUTH 08'08'55'' WEST, 430.54 FEET; THENCE SOUTH 22O36'43" EAST, 53.89 FEET TO A POINT ON THE NORTHERLY LINE OF THAT CERTAIN GENERAL UTILITY AND ACCESS EASEMENT TO THE CITY OF CARLSBAD RECORDED DECEMBER 31, 1998 ON MAP NO. 13716; THENCE ALONG SAID NORTHERLY EASEMENT LINE SOUTH 67'23'17'' WEST, 20.00 FEET: THENCE LEAVING SAID NORTHERLY EASEMENT LINE NORTH 22'36'43'' WEST, 59.40 FEET; PAGE 1 OF 7 CMWD 97-272 2995 THENCE NORTH 08'08' 55" EAST, 423.97 FEET; THENCE NORTH 81O51'05" WEST, 7.87 FEET; THENCE NORTH 08'08' 55" EAST, 20.00 FEET; THENCE SOUTH 81°51'05" EAST, 7.87 FEET; THENCE NORTH 08'08' 55" EAST, 16.75 FEET; THENCE NORTH 14O58'47" WEST, 242.14 FEET; THENCE SOUTH 75°01r13" WEST, 26.63 FEET; THENCE SOUTH 14958'47" EAST, 36.00 FEET; THENCE SOUTH 75°01'13" WEST, 25.00 FEET; THENCE NORTH 14'58'47'' WEST, 36.00 FEET; THENCE SOUTH 75O01'13" WEST, FEET; THENCE SOUTH 52°50r01" WEST, 43.98 FEET; THENCE FEET; THENCE SOUTH 08°08'55" WEST, 44.91 FEET; THENCE 81O51'05" EAST, 46.39 FEET; THENCE SOUTH 08'08'55'' WEST, FEET; THENCE NORTH 81°51'05" WEST, 46.39 FEET; THENCE FEET; THENCE NORTH 08'08'55'' EAST, 8.17 FEET: THENCE 81°51'05" ' EAST, 20.00 FEET; THENCE SOUTH 08"08'55" WEST, 08°08' 55" WEST, 235.60 FEET; THENCE SOUTH 53'08'55'' WEST, 08°"'55'' WEST, 316.51 FEET; THENCE SOUTH 81"51'05" EAST, 191.20 SOUTH 69.93 SOUTH 20.00 SOUTH 27.10 SOUTH 8.17 FEET; THENCE SOUTH 81'51'05" EAST, 210.61 FEET TO THE BEGINNING OF A TANGENT 265.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 11°25'57", AN ARC DISTANCE OF 52.88 FEET; THENCE NORTH 05'26'47'' WEST, 11.80 FEET; THENCE NORTH 84'33'13" EAST, 19.88 GENERAL UTILITY AND ACCESS EASEMENT: THENCE ALONG THE WESTERLY LINE OF SAID EASEMENT SOUTH 08°08'55" WEST, 32.91 FEET TO THE BEGINNING OF A NON-TANGENT 285.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY, A RADIAL TO SAID POINT BEARS SOUTH 0S052'37" EAST; THENCE LEAVING SAID WESTERLY EASEMENT LINE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 14O01'32", AN ARC DISTANCE OF 69.77 FEET; THENCE TANGENT TO SAID CURVE NORTH 81°51'05" WEST, 277.71 FEET: THENCE NORTH 08°08'55" EAST, 124.29 FEET; THENCE NORTH 81'51'05'' WEST, 33.00 FEET: THENCE NORTH 08°08f55" EAST, 35.00 FEET; THENCE SOUTH 81°51'05" EAST, 33.00 FEET; THENCE NORTH 08'08'55" EAST, 121.77 FEET; THENCE NORTH 81°51'05" WEST, 18.00 FEET: THENCE NORTH 08O08'55" EAST, 20.00 FEET: THENCE SOUTH 81°51'05" EAST, 18.00 FEET; THENCE NORTH 08OO8'55'' EAST, 108.64 FEET; THENCE NORTH 53'08' 55" EAST, 69.93 FEET; THENCE NORTH 08°08'55" EAST, 157.16 FEET; THENCE NORTH 81°51'05" . WEST,. 8.00 FEET: THENCE NORTH 08°08'55" EAST, 20.00 FEET: THENCE SOUTH 81O51'05" EAST, 8.00 FEET; THENCE NORTH 08°08r55" FhST, 21.75 FEET: THENCE NORTH 81°51'05" WEST, 23.00 FEET; THENCE NORTH 08°08'55" EAST, 35.00 FEET; THENCE SOUTH 81°51'05" EAST, 23.00 FEET; THENCE NORTH 08°08'55" EAST, 1.63 FEET; THENCE NORTH 52°50'01" EAST, 56.12 FEET: THENCE NORTH FEET TO THE NORTHWESTERLY CORNER OF SAID CITY OF CARLSBAD PAGE 2 OF I CMWD 97-272 2996 75°01'13" EAST, 147.33 FEET; THENCE NORTH 14'58'47'' WEST, 11.31 FEET; THENCE NORTH 75°01f13" EAST, 25.00 FEET; THENCE SOUTH 14'58'47'' EAST, 11.31 FEET; THENCE NORTH 75°01'13" EAST, 74.41 FEET; THENCE NORTH 14'58'47" WEST, 8.00 FEET; THENCE SOUTH 75O01' 13" WEST, 13.00 FEET; THENCE NORTH 14'58'47" WEST, 20.00 FEET; THENCE NORTH 75'01'13" EAST, 13.00 FEET; THENCE NORTH 14"58'47" WEST, 142.50 FEET; THENCE SOUTH 75'01'13'' WEST, 63.00 FEET; THENCE NORTH 14'58'47" WEST, 196.50 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID CITY OF CARLSBAD GENERAL UTILITY AND ACCESS EASEMENT; THENCE ALONG SAID SOUTHERLY EASEMENT LINE NORTH 75'01'13" EAST, 20.00 FEET; THENCE LEAVING SAID EASEMENT LINE SOUTH 14'58'47'' EAST, 176.50 FEET; THENCE NORTH 75O01'13" EAST, 63.00 FEET; THENCE SOUTH 14°58'47" EAST, 45.00 FEET; THENCE NORTH 7s001r13" EAST, 18.00 FEET; THENCE SOUTH 14~58'47" EAST, 20.00 FEET; THENCE SOUTH 75'01'13'' WFST, 18.00 EEFT; TYpICE SOUTH 14'58'47" EAST, 125.50 FEET; THENCE NORTH 75"01'$3" ERST, 254.25 FEET; THENCE NORTH 14'58'47" WEST, 11.10 FEET; THENCE NORTH 75°01'13'' EAST, 35.00 FEET; THENCE SOUTH 14'58'47'' EAST, 11.10 FEET; THENCE NORTH 75°01'13" EAST, 40.23 FEET; THENCE SOUTH 81'51'05'' EAST, 207.01 FEET; THENCE SOUTH 01'54'57'' EAST, 20.31 FEET TO THE TRUE POINT OF BEGINNING. AREA = 68,930 SQUARE FEET PAGE 3 OF 7 CMWD 97-272 EXHIBIT "A" WATER EASEMENT AT PARCEL 1 OF PARCEL MAP NO. 1110 PARCEL B ALL THAT PORTION OF PARCEL 1 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARCEL MAP THEREOF NO. 1110, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO, NOVEMBER 10, 1972 AS FILE NO. 302114 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF SAID PARCEL 1, SAID POINT BEING ON A 1955.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, A RADIAL TO SAID POINT BEARS NORTH 83'47'49'' EAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE AND ALONG SAID EASTERLY BOUNDARY LINE, THROUGH A CENTRAL ANGLE OF 02"04'18", AN ARC DISTANCE OF 70.69 FEET; THENCE LEAVING SAID BOUNDARY LINE SOUTH 85O52.07" WEST, 18.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF EL CAMINO REAL, SAID POINT ALSO BEING THE SOUTHEASTERLY CORNER OF PARCEL C AS DESCRIBED HEREIN; THENCE PARCEL C SOUTH 85O34'22" WEST, 43.67 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY LINE SOUTH 79"43'05" WEST, 321.58 FEET TO THE SOUTHWESTERLY CORNER OF SAID PARCEL C, SAID POINT ALSO BEING THE SOUTHEASTERLY CORNER OF THAT CERTAIN GENERAL UTILITY AND ACCESS EASEMENT TO THE CITY OF CARLSBAD RECORDED ON DECEMBER 31, 1998 ON MAP NO. 13716; THENCE ALONG THE SOUTHERLY LINE OF SAID FEET; THENCE CONTINUING ALONG SAID SOUTHERLY EASEMENT LINE SOUTH 75°01'13" WEST, 393.75 FEET TO A POINT ON THE WESTERLY LINE OF SAID GENERAL UTILITY AND ACCESS EASEMENT, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; LEAVING SAID RIGHT-OF-WAY AND ALONG THE SOUTHERLY LINE OF SAID GENERAL UTILITY AND ACCESS EASEMENT SOUTH 79'43'06'' WEST, 19.40 THENCE LEAVING SAID SOUTHERLY EASEMENT LINE SOUTH 75"01'13" WEST, 40.00 FEET; THENCE SOUTH 14°58v47" EAST, 131.50 FEET; THENCE NORTH 75"01'13" EAST, 8.25 FEET; THENCE SOUTH 14O58'47" EAST, 16.50 FEET TO THE NORTHERLY LINE OF SAID GENERAL UTILITY AND ACCESS EASEMENT; THENCE ALONG SAID NORTHERLY EASEMENT LINE SOUTH 75'01' 13" WEST, 28.25 FEET; THENCE LEAVING SAID EASEMENT LINE NORTH 14'58'47" WEST, 168.00 FEET; THENCE NORTH 75°01'13" EAST, 60.00 FEET TO THE WESTERLY LINE OF SAID GENERAL UTILITY AND ACCESS EASEMENT; THENCE ALONG SAID WESTERLY EASEMENT LINE SOUTH 14'58'47'' EAST, 20.00 FEET TO THE TRUE POINT OF BEG1 ARE2 = 4,296 SQUARE FEET PAGE 4 OF 7 EXHIBIT "A" WATER EASEMENT AT PARCEL 1 OF PARCEL MAP NO. 1110 PARCEL C ALL THAT PORTION OF PARCEL 1 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARCEL MAP THEREOF NO. 1110, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO, NOVEMBER 10, 1972 AS FILE NO. 302114 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF SAID PARCEL 1, SAID POINT BEING ON A 1955.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, A RADIAL TO SAID POINT BEARS NORTH 83'47'49'' EAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE AND ALONG SAID EASTERLY BOUNDARY LINE, THROUGH A CENTRAL ANGLE OF 02'04'18", AN ARC DISTANCE OF 70.69 FEET; THENCE LEAVING SAID BOUNDARY SOUTH 85"52'07" WEST, 18 -00 FEET TO A POINT ON THE WESTERLY RIGHT-OF- WAY OF EL CAMINO REAL, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID RIGHT-OF-WAY SOUTH 85'34'22'' WEST, 43.67 FEET; THENCE SOUTH 79'43'05" WEST, 321.58 FEET TO THE SOUTHEASTERLY CORNER OF THAT CERTAIN GENERAL UTILITY AND ACCESS EASEMENT TO THE CITY OF CARSLBAD RECORDED DECEMBER 31, 1998 ON MAP NO. 13716; THENCE ALONG THE EASTERLY LINE OF SAID GENERAL UTILITY AND ACCESS EASEMENT NORTH 10°16'55" WEST, 20.00 FEET; THENCE LEAVING SAID EASTERLY EASEMENT LINE NORTH 79'43'05" EAST, 129.91 FEET; THENCE NORTH lO"16'55" WEST, 20.20 FEET; THENCE NORTH 79'43'05'' EAST, 20.00 FEET; THENCE SOUTH lO"16'55" EAST, 20.20 FEET; THENCE NORTH 79'43'05" EAST, '172.69 FEET; THENCE NORTH 85'34'22'' EAST, 44.70 FEET TO A POINT ON A 1937.00 FOOT RADIUS NON-TANGENT CURVE, CONCAVE SOUTHWESTERLY, SAID POINT ALSO BEING A POINT ON SAID WESTERLY RIGHT-OF-WAY OF EL CAMINO REAL, A RADIAL TO SAID POINT BEARS NORTH 85'16'37" EAST; THENCE SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE AND ALONG SAID WESTERLY RIGHT-OF-WAY, THROUGH A CENTRAL ANGLE OF 00°35'30", AN ARC DISTANCE AREA = 7,730 OF 20.00 FEET SQUARE FEET TO THE PAGE 5 TRUE - OF 1 POINT OF BEGINNING. -272 EXHIBIT "A" WATER EASEMENT AT PARCEL 1 OF PARCEL MAP NO. 1110 PARCEL D ALL THAT PORTION OF PARCEL 1 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARCEL MAP THERSOF NO. 1110, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO, NOVEMBER 10, 1972 AS FILE NO. 302114 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF SAID PARCEL 1, SAID POINT BEING ON A 1955.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, A RADIAL TO SAID POINT BEARS NORTH 83'47'49'' EAST: THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE AND ALONG SAID EASTERLY BOUNDARY LINE, THROUGH A CENTRAL ANGLE OF 14°05r11", AN ARC DISTANCE OF 480.64 FEET: THENCE LEAVING SAID BOUNDARY NORTH 82°07r00" WEST, 30.00 FEET TO A POINT ON THE PROPOSED WESTERLY RIGHT-OF-WAY OF EL CAMINO REAL, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID PROPOSED WESTERLY RIGHT-OF-WAY NORTH 82O58'06" WEST, 106.00 FEET; THENCE SOUTH 07°01f54" WEST, 5.22 FEET; THENCE NORTH 82O58'06" WEST, 20.00 FEET; THENCE NORTH 07°01f54" EAST, 25.22 FEET; THENCE SOUTH 82'58'06'' EAST, 126.22 FEET TO A POINT ON A 310.00 FOOT RADIUS NON-TANGENT CURVE, CONCAVE SOUTHEASTERLY, SAID POINT ALSO BEING A POINT ON SAID PROPOSED WESTERLY RIGHT-OF-WAY OF EL CAMINO REAL, A WIAG TO SAID POINT BEARS NORTH 81O58' 18" WEST: THENCE SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE AND ALONG SAID PROPOSED WESTERLY RIGHT-OF-WAY, THROUGH A CENTRAL ANGLE OF' 0Oo38'16"t AN ARC DISTANCE OF 3.45 FEET TO THE BEGINNING OF A REVERSE 1925.00 FOOT - RADIUS CURVE, CONCAVE TO THE NORTHWEST; THENCE CONTINUING ALONG SAID PROPOSED RIGHT-OF-WAY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL OF 16.55 FEET TO THE TRUE POINT OF AREA = 2,627 SQUARE FEET m. xI1m PAGE 6 OF 7 CMWD 97-272 EXHIBIT "A" WATER EASEMENT AT PARCEL 1 OF PARCEL MAP NO. 1110 PARCEL E ALL THAT PORTION OF PARCEL 1 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARCEL MAP THEREOF NO. 1110, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO, NOVEMBER 10, 1972 AS FILE NO. 302114 OF OFFICIAL RECORDS, MORE PARTICULARLY AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID PARCEL I, THENCE NORTHEASTERLY ALONG THE EASTERLY BOUNDARY LINE OF SAID PARCEL 1 NORTH 08"08'55" EAST, 41.00 FEET TO THE NORTHEASTERLY CORNER OF THAT CERTAIN GENERAL UTILITY AND ACCESS EASEMENT TO THE CITY OF CARLSBAD RECORDED ON DECEMBER 31, 1998 ON MAP NO. 13716; THENCE LEAVING THE EASTERLY LINE OF SAID PARCEL 1, AND CONTINUING ALONG THE NORTHERLY LINE OF SAID GENERAL UTILITY AND ACCESS EASEMENT, NORTH 81"51'05" WEST, 37.95 FEET TO THE BEGINNING OF A TANGENT 541.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY, SAID POINT ALSO BEING A POINT ON THE PROPOSED WESTERLY RIGHT-OF-WAY OF EL CAMINO REAL; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 09'25'46", AN ARC DISTANCE OF 89.04 FEET TO TRUE POINT OF BEGINNING. THENCE LEAVING SAID NORTHERLY EASEMENT LINE NORTH 04O08'03" WEST, 21.15 FEET; THENCE SOUTH 85'51'57'' WEST, 15.27 FEET; THENCE NORTH 08'08'55'' EAST, 41.21 FEET; THENCE SOUTH 81°51'05" EAST, 17 .OO FEET; THENCE NORTH 08"08'55" EAST, 20.00 FEET; THENCE NORTH 81°51'05" WEST, 37 .OO FEET; THENCE SOUTH 08'08'55'' WEST, 71.17 FEET; THENCE SOUTH 04°08'03" EAST, 15.10 FEET TO A POINT ON A 541 .OO FOOT RADIUS NON-TANGENT CURVE, CONCAVE SOUTHERLY, SAID POINT ALSO BEING A POINT ON THE NORTHERLY LINE OF SAID GENERAL UTILITY AND ACCESS EASEMENT, A RADIAL TO SAID POINT BEARS NORTH 05°11'36" WEST; THENCE ALONG THE ARC OF SAID CURVE AND ALONG SAID NORTHERLY EASEMENT LINE, THROUGH A CENTRAL ANGLE OF 03"54'45", AN ARC DISTANCE OF 36.94 FEET TO THE TRUE POINT OF BEGINNING. AREA = 2,367 SQUARE FEET 6 F:\MSOFFICE\WINWORD\971041\WTRESMT.LGL SCALE: 1' = loo' L unm & ACCESS mc arr cy CARLSBAD ?EQUESTED BY QS/LNP REAL ESTATE IMICO PARTNERSHIP NINE. CA 926 0 EXECUTM PARK, ST€. lo( 13-9693 WATER EASEMENT SHT. 3 OF 6 SHTS. A,P,N, 213-020-14 C.M.W.D. 97-272 DATE 8-21-98 ~.\~swIuI\-. W-D-W ..=.a P CSI WT 8 . _. _.: EASERL Y BOONOARY LINE W PARCEL I Sl PE & ORAINAK EASEAfENl REC 3- 12- 70 10 CWNIY ff SAN OIEGO FB 44690 & 44691 W fl CAMNO REAL KSEUL r R1mr-w- WAY mmr-Ly- w~ r RQPO~ KSEUL r W fl CAMNO REAL NOTE RECORDING REQUESTED BY W9 / LNP REAL ESTATE LIMITED PARTNERHSIP AND WHEN RECORDED, PLEASE MAIL TO Carlsbad Municipal Water District 5950 El Camino Real Carlsbad. California 92008 Please record the document at no fee as it is to the benefit of the District (Gov. Code [6103].) FS 3007 DOC #j 1999-0789038 VIP NF Space above this line for Recorder's use. ASSESSOR'S PARCEL NO. 213-020-14 PROJECT NO. 8 NAME: A SUBORDINATION AGREEMENT (TRUST DEED HOLDERS) NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING WHICH YOUR SECURITY INSTRUMENT ATTACHES AND SUBJECT TO (AN) EASEMENT IN THE REAL PROPERTY TO OF YOUR SECURITY INTEREST. HAS THE POTENTIAL EFFECT OF REDUCING THE VALUE THIS AGREEMENT, made thisd&ay of 49B, by PARTNERSHIP. a Delaware limited DartnershiD, owner oy the land described and hereinafter referred to as "Owner," and BANK ONE. ARIZONA. NA. a National Bankina Association, present owner and holder of the deed of trust hereinafter described, hereinafter referred to as "Beneficiary;" WITNESSETH THAT WHEREAS, W9 / LNP REAL ESTATE LIMITED PARTNERSHIP, a Delaware limited DartnershiQ, did execute a deed of trust, dated December 7, 1998 to FIDELITY NATIONAL TITLE INSURANCE COMPANY as trustee, to secure a note in the sum of 1($34.150,000) dated December 7, 08/17/98 Rev. 1998 in favor of BANK ONE, ARIZONA. NA. a National Banking Association, recorded in the office of the County Recorder of San Diego County on December 9. 1998 as File No. 1998-0796774 of Official Records of said county; and WHEREAS, Owner has executed, or is about to execute, as grantor, a grant of EASEMENTEASEMENTS dated q-/5- 99 , in favor of the Carlsbad Municipal Water District as grantee, hereinafter referred to as ”Easement Grantee,” creating ANDHE EASEMENT/EASEMENTS more particularly described in EXHIBITEXHIBITS “A” & “B attached hereto; and WHEREAS, Easement Grantee is willing to accept said EASEMENTEASEMENTS provided the grant of EASEMENTEASEMENTS is a charge upon the above described property prior and superior to the lien or charge of the deed of trust above mentioned and provided that beneficiary will specifically and unconditionally subordinate the lien or charge of the deed of trust above mentioned to the lien or charge of the EASEMENTlEASEMENTS created in favor of Easement Grantee; and WHEREAS, it is to the mutual benefit of the parties hereto that Easement Grantee accept said EASEMENTEASEMENTS and Beneficiary is willing that the grant of EASEMENTlEASEMENTS 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 EASEMENTEASEMENTS above referred to, it is hereby declared, understood and agreed as follows: 1. That said EASEMENTEASEMENTS 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 EASEMENTEASEMENTS above described without this subordination agreement. 3. That this agreement shall be the whole and only agreement with regard to the subordination of the lien or charge of the deed of trust above mentioned to the EASEMENTEASEMENTS in favor of Easement Grantee above referred to and shall supersede and cancel, but only insofar as would affect the priority between the deed of trust and 2 08/17/98 Rev. EASEMENTIEASEMENTS hereinbefore specifically described, any prior agreement as to such subordination including, but not limited, those provisions, if any, contained in the deed of trust above mentioned, which provide for the subordination of the lien or charge thereof to another interest in the real property therein described. BENEFICIARY declares, agrees and acknowledges that: 1. I (We) consent to and approve the grant of EASEMENTIEASEMENTS in favor of the Easement Grantee. 2. I (We) intentionally and unconditionally subordinate the lien or charge of the deed of trust above mentioned to the EASEMENTIEASEMENTS in favor of Easement Grantee above referred to and understands that in reliance upon, and in consideration of, this subordination of the grant of EASEMENTIEASEMENTS is being executed and delivered, the EASEMENTIEASEMENTS WARE being created, and that specific monetary and other obligations are being and will be entered into by the Easement Grantee, other lenders and title insurance companies which would not be made or entered into but for said reliance upon the subordination; and 111 Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 111 3 08/17/98 Rev BENEFICIARY: BANK ONE, ARIZONA, NA. a National Banking Association (authorized signature) Its: J~G ? (e5der c (title) By: Its: , (title) this I5 day ofwmbo r , u OWNER: W9ILNP REAL ESTATE LIMITED PARTNERSHIP. (Proper notarial acknowledgement of execution of OWNER and BENEFICIARY must be attached.) NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRETARY OR ASSISTANT SECRETARY MUST SIGN A CORPORATE EXECUTION OF THIS DOCUMENT. ALTERNATELY A TRUE COPY OF THE RESOLUTION CORPORATION, UNDER CORPORATE SEAL SPECIFICALLY EMPOWERING THE INDIVIDUAL SIGNING IN OF THE BOARD OF DIRECTORS THAT IS SIGNED BY THE SECRETARY OR ASSISTANT SECRETARY OF THE BEHALF OF THE CORPORATION WILL SHOW SUFFICIENT AUTHORITY OF SAID INDIVIDUAL TO ACT IN THIS MATTER. CONSULT WITH THEIR AlTORNEYS WITH RESPECT THERETO. IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS SUBORDINATION AGREEMENT, THE PARTIES Approved as to form: RONALD R. BALL, General Counsel By: Assistan-nsel CMWD 97-272 08/17/98 Rev. 4 3011 STATE OF CALIFORNIA 1 COUNTY OF 1 ss On before me. DATE NAME AND TItE OF OFFICER personally appeared n NAM-S) OF SIGNER@) personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person@ whose namw ishsubscribed to the within instrument and acknowledged to me that hefshdhey executed the same in hiske&he+ authorized capacity@@. and that by hishefk4eir signatureo on the instrument the person@, or the entity upon behalf of which the personfe)acted, executed the instrument. WITNESS my hand and official seal (This area for official notary seal.) ~ ~~ Title or Type of Document Date of Document No. of Pages Signer(s) other than named above CMWD 97-272 0611 4/95 Rev. .. , ,. , .. 3012 personally appeared known to me - OR -3np whose name$) islafe-subscribed to the within instrument and acknowledged to me that he/- executed the same in his/heJtkeiFeuthoriz& CapacityCiofX and that by hisHterftkeir signature?) on the instrument the PerSOnJb, Or the entity upon behalf of which the person ) acted, executed the instrument. P WITNESS my hand and official seal Title or Type of Do Date of Document I Signer(s) other than named above /??&I b I 06/14/95 Rev. i , ., 3013 MARCH 12, 1998 REVISED JUNE 15, 1998 REVISED JULY 22, 1998 REVISED FEBRUARY 4, 1999 J.N. : 971041 EXHIBIT "A" WATER EASEMENT AT PARCEL 1 OF PARCEL MAP NO. 1110 PARCEL A ALL THAT PORTION OF PARCEL 1 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARCEL MAP THEREOF NO. 1110, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO, NOVEMBER 10, 1972 AS FILE NO. 302114 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF SAID PARCEL 1, SAID POINT BEING ON A 1955.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, A RADIAL TO SAID POINT BEARS NORTH 83'47'49" EAST: THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE AND ALONG SAID EASTERLY BOUNDARY LINE, THROUGH A CENTRAL ANGLE OF 14'21'06", AN ARC DISTANCE OF 489.70 FEET: THENCE CONTINUING ALONG THE BOUNDARY OF SAID PARCEL 1 AND TANGENT TO SAID CURVE SOUTH 08O08'55" WEST, 249.18 FEET; THENCE LEAVING SAID BOUNDARY NORTH 81'51'05" WEST, 39.02 FEET TO A POINT ON THE PROPOSED WESTERLY RIGHT-OF-WAY OF EL CAMINO REAL, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING: THENCE LEAVING SAID PROPOSED RIGHT-OF-WAY NORTH 8l051'05" WEST, 151.88 FEET; THENCE SOUTH 08'08'55'' WEST 6.70 FEET: THENCE NORTH 81'51' 05" WEST, 20.00 FEET; THENCE NORTH 08O08'55" EAST, 6.70 FEET: THENCE NORTH 81°51'05" WEST, 27.66 FEET; THENCE SOUTH 14'58'47'' EAST, 15.28 FEET: THENCE SOUTH 75"01'13" WEST, 43.41 FEET: THENCE NORTH 14'58'47" WEST, 18.00 FEET; THENCE SOUTH 75°01'13" WEST, 288.34 FEET: THENCE SOUTH 14'58'47'' EAST, 246.24 FEET: THENCE SOUTH 08°08'55" WEST, 8.78 FEET: THENCE SOUTH 81'51'05" EAST, 15.68 FEET: THENCE SOUTH 08'08'55'' WEST, 20.00 FEET; THENCE NORTH 81°51'05" WEST, 15.68 FEET: THENCE SOUTH 08°08r 55" WEST, 430.54 FEET; THENCE SOUTH 22'36'43" EAST, 53.89 FEET TO A POINT ON THE NORTHERLY LINE OF THAT CERTAIN GENERAL UTILITY AND ACCESS EASEMENT TO THE CITY OF CARLSBAD RECORDED DECEMBER 31, 1998 ON MAP NO. 13716; THENCE ALONG SAID NORTHERLY EASEMENT LINE SOUTH 67°23r11" WEST, 20.00 FEET: THENCE LEAVING SAID NORTHERLY EASEMENT LINE NORTH 22'36'43" WEST, 59.40 FEET; PAGE 1 OF 7 CMWD 97-272 3014 THENCE NORTH 08'08'55" EAST, 423.97 FEET: THENCE NORTH 81°51'05" WEST, 7.87 FEET; THENCE NORTH 08"08'55" EAST, 20.00 FEET; THENCE SOUTH 81°51'05" EAST, 7.87 FEET; THENCE NORTH 08°08' 55" EAST, 16.75 FEET; THENCE NORTH 14°58'47" WEST, 242.14 FEET; THENCE SOUTH 75°01'13" WEST, 26.63 FEET: THENCE SOUTH 14'58'47'' EAST, 36.00 FEET; THENCE SOUTH 75°01'13" WEST, 25.00 FEET; THENCE NORTH 14'58'47'' WEST, 36.00 FEET: THENCE SOUTH 75"01'13" WEST, FEET; THENCE SOUTH 52"50'01" WEST, 43.98 FEET: THENCE FEET: THENCE SOUTH 08"08'55" WEST, 44.91 FEET: THENCE 81°51'05" EAST, 46.39 FEET; THENCE SOUTH 08°08'55" WEST, FEET; THENCE NORTH 81°51'05" WEST, 46.39 FEET: THENCE 08°08'55N WEST, 316.51 FEET; THENCE SOUTH 81°51'05" EAST, FEET; THENCE NORTH 08'08' 55" EAST, 8.17 FEET; THENCE 81°"'05'' EAST, 20.00 FEET; THENCE SOUTH 08"08'55" WEST, 0E008'55" WEST, 235.60 FEET: THENCE SOUTH 53'08'55'' WEST, 191.20 SOUTH 69.93 SOUTH 20.00 SOUTH 27.10 SOUTH 8.17 FEET; THENCE SOUTH 81'51'05'' EAST, 210.61 FEET TO THE BEGINNING OF A TANGENT 265.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY: THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 11°25'57", AN ARC DISTANCE OF 52.88 FEET: THENCE NORTH 05"26'47" WEST, 11.80 FEET; THENCE NORTH 84"33'13" EAST, 19.88 FEET TO THE NORTHWESTERLY CORNER OF SAID CITY OF CARLSBAD GENERAL UTILITY AND ACCESS EASEMENT; THENCE ALONG THE WESTERLY LINE OF SAID EASEMENT SOUTH 08°08'55" WEST, 32.91 FEET TO THE BEGINNING OF A NON-TANGENT 285.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY, A RADIAL TO SAID POINT BEARS SOUTH 05'52'37" EAST; THENCE LEAVING SAID WESTERLY EASEMENT LINE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 14'01'32", AN ARC DISTANCE OF 69.77 FEET; THENCE TANGENT TO SAID CURVE NORTH FEET; THENCE NORTH 81'51'05'' WEST, 33.00 FEET; THENCE NORTH FEET; THENCE NORTH 08O08'55" EAST, 121.77 FEET: THENCE NORTH 81°51'05" WEST, 18.00 FEET; THENCE NORTH 08°08'55" EAST, 20.00 FEET; THENCE SOUTH 81"51'05" EAST, 18.00 FEET: THENCE NORTH 08O08'55" EAST, 108.64 FEET; THENCE NORTH 53'08'55" EAST, 69.93 81°51'05" WEST, 277.71 FEET; THENCE NORTH 08O08'55" EAST, 124.29 08°08'55" EAST, 35.00 FEET; THENCE SOUTH 81'51'05'' EAST, 33.00 FEET; THENCE NORTH 08"08'55" EAST, 157.16 FEET; THENCE NORTH 81°51'05" . WEST,. 8 .OO FEET; THENCE NORTH 08'08'55'' EAST, 20.00 FEET: THENCE SOUTH 81°51'05" EAST, 8 .OO FEET; THENCE NORTH 08O08'55" WST, 21.75 FEET: THENCE NQRTH 81O51'05" WEST, 23.00 FEET; THENCE NORTH 08°08'55" EAST, 35.00 FEET: THENCE SOUTH 81'51'05'' EAST, 23.00 FEET; THENCE NORTH 08"08'5S" EAST, 1.63 FEET; THENCE NORTH 52"50' 01" EAST, 56.12 FEET; THENCE NORTH PAGE 2 OF 7 WD 97-272 3015 75'01'13'' EAST, 147.33 FEET; THENCE NORTH 14O58'47" WEST, 11.31 FEET; THENCE NORTH 75O01'13" EAST, 25.00 FEET; THENCE SOUTH 14'58'47'' EAST, 11.31 FEET; THENCE NORTH 75'01'13'' EAST, 74.41 FEET; THENCE NORTH 14'58'47" WEST, 8.00 FEET; THENCE SOUTH 75'01' 13" WEST, 13.00 FEET; THENCE NORTH 14'58'47'' WEST, 20.00 FEET; THENCE NORTH 75°01'13" EAST, 13.00 FEET; THENCE NORTH 14'58'47'' WEST, 142.50 FEET; THENCE SOUTH 75"01'13" WEST, 63.00 FEET: THENCE NORTH 14'58'47" WEST, 196.50 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID CITY OF CARLSBAD GENEFLU UTILITY AND ACCESS EASEMENT: THENCE ALONG SAID SOUTHERLY EASEMENT LINE NORTH 75°01'13" EAST, 20.00 FEET; THENCE LEAVING SAID EASEMENT LINE SOUTH 14'58'47'' EAST, 176.50 FEET; THENCE NORTH 75°01'13" EAST, 75001r~3" EAST, 18.00 FEET; THENCE SOUTH 14058'47" EAST, 20.00 FEET; THENCE SOUTH 75'01'13'' WFST, 18.00 FEFT; TYpICE SOUTH 14'58'47'' EAST, 125.50 FEET; THENCE NORTH 75'01r 43" E&E;T, 254.25 FEET; THENCE NORTH 14°58'47" WEST, 11.10 FEET; THENCE NORTH 7S001'13" EAST, 35.00 FEET; THENCE SOUTH 14'58'47'' EAST, 11.10 FEET; THENCE NORTH 75°01'13" EAST, 40.23 FEET; THENCE SOUTH 81O51'05" EAST, 207.01 FEET: THENCE SOUTH 01'54'57" EAST, 20.31 63.00 FEET; THENCE SOUTH 14'58'47'' EAST, 45.00 FEET; THENCE NORTH FEET TO THE TRGE POINT OF BEGINNING. AREA = 68,930 SQUARE FEET PAGE 3 OF 7 CMWD 97-272 3016 EXHIBIT "A" WATER EASEMENT AT PARCEL 1 OF PARCEL MAP NO. 1110 PARCEL B ALL THAT PORTION OF PARCEL 1 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARCEL MAP THEREOF NO. 1110, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO, NOVEMBER 10, 1972 AS FILE NO. 302114 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF SAID PARCEL 1, SAID POINT BEING ON A 1955.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, A RADIAL TO SAID POINT BEARS NORTH 83'47'49'' EAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE AND ALONG SAID EASTERLY BOUNDARY LINE, THROUGH A CENTRAL ANGLE OF 02"04'18", AN ARC DISTANCE OF 70.69 FEET; THENCE LEAVING SAID BOUNDARY LINE SOUTH 85°52'07" WEST, 18.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF EL CAMINO REAL, SAID POINT ALSO BEING THE SOUTHEASTERLY CORNER OF PARCEL C AS DESCRIBED HEREIN; THENCE LEAVING SAID RIGHT-OF-WAY AND ALONG THE SOUTHERLY LINE OF SAID PARCEL C SOUTH 85°34'22" WEST, 43.67 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY LINE SOUTH 79'43'05" WEST, 321.58 FEET TO THE SOUTHWESTERLY CORNER OF SAID PARCEL C, SAID POINT ALSO BEING THE SOUTHEASTERLY CORNER OF THAT CERTAIN GENERAL UTILITY AND ACCESS EASEMENT TO THE CITY OF CARLSBAD RECORDED ON DECEMBER 31, 1998 ON MAP NO. 13716; THENCE ALONG THE SOUTHERLY LINE OF SAID GENERAL UTILITY AND ACCESS EASEMENT SOUTH 79'43'06'' WEST, 19.40 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY EASEMENT LINE SOUTH 75°01'13" WEST, 393.75 FEET TO A POINT ON THE WESTERLY LINE OF SAID GENERAL UTILITY AND ACCESS EASEMENT, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID SOUTHERLY EASEMENT LINE SOUTH 75°01'13" WEST, 40.00 FEET; THENCE SOUTH 14O58'47" EAST, 131 .SO FEET; THENCE NORTH 75°01'13" EAST, 8.25 FEET; THENCE SOUTH 14O58'47" EAST, ACCESS EASEMENT; THENCE ALONG SAID NORTHERLY EASEMENT LINE SOUTH 75°01'13" WEST, 28.25 FEET; THENCE LEAVING SAID EASEMENT LINE NORTH 14'58'47'' WEST, 168.00 FEET; THENCE NORTH 75°01'13" EAST, 60.00 FEET TO THE WESTERLY LINE OF SAID GENERAL UTILITY AND ACCESS EASEMENT; THENCE ALONG SAID WESTERLY EASEMENT LINE SOUTH 16.50 FEET TO THE NORTHERLY LINE OF SAID GENERAL UTILITY AND 14O58'47" EAST, 20.00 FEET TO THE TRUE POINT OF BEG1 AREA = 4,296 SQUARE FEET PAGE 4 OF 7 .. . -3 ,' 3017 EXHIBIT "A" WATER EASEMENT AT PARCEL 1 OF PARCEL MAP NO. 1110 PARCEL C ALL THAT PORTION OF PARCEL 1 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARCEL MAP THEREOF NO. 1110, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO, NOVEMBER 10, 1972 AS FILE NO. 302114 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF SAID PARCEL 1, SAID POINT BEING ON A 1955.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, A RADIAL TO SAID POINT BEARS NORTH 83'47'49'' EAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE AND ALONG SAID EASTERLY BOUNDARY LINE, THROUGH A CENTRAL ANGLE OF 02"04'18", AN ARC DISTANCE OF 70.69 FEET: THENCE LEAVING SAID BOUNDARY SOUTH 85O52'07" WEST, 18 .OO FEET TO A POINT ON THE WESTERLY RIGHT-OF- WAY OF EL CAMINO REAL, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID RIGHT-OF-WAY SOUTH 85'34'22'' WEST, 43.67 FEET; THENCE SOUTH 79°43'05" WEST, 321.58 FEET TO THE SOUTHEASTERLY CORNER OF THAT CERTAIN GENERAL UTILITY AND ACCESS EASEMENT TO THE CITY OF CARSLBAD RECORDED DECEMBER 31, 1998 ON MAP NO. 13716; THENCE ALONG THE EASTERLY LINE OF SAID GENERAL UTILITY AND ACCESS EASEMENT NORTH 10'16'55'' WEST, 20.00 FEET; THENCE LEAVING SAID EASTERLY EASEMENT LINE NORTH 79O43'05" EAST, 129.91 FEET; THENCE NORTH 10°16'55" WEST, 20.20 FEET; THENCE NORTH 79'43'05'' EAST, 20.00 FEET: THENCE SOUTH 10°16'55" EAST, 20.20 FEET: THENCE NORTH 79°43'05" EAST, '172.69 FEET; THENCE NORTH 85°34'22" EAST, 44.70 FEET TO A POINT ON A 1937.00 FOOT RADIUS NON-TANGENT CURVE, CONCAVE SOUTHWESTERLY, SAID POINT ALSO BEING A POINT ON SAID WESTERLY RIGHT-OF-WAY OF EL CAMINO REAL, A RADIAL TO SAID POINT BEARS NORTH 85'16'37" EAST; THENCE SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE AND ALONG SAID WESTERLY RIGHT-OF-WAY, THROUGH A CENTRAL ANGLE OF 00°35'30", AN ARC DISTANCE OF 20.00 FEET TO THE TRUE POINT OF BEGINNING. AREA = 7,730 SQUARE FEET PAGE 5 OF 7 3018 EXHIBIT "A" WATER EASEMENT AT PARCEL 1 OF PARCEL MAP NO. 1110 PARCEL D ALL THAT PORTION OF PARCEL 1 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARCEL MAP THEREOF NO. 1110, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO, NOVEMBER 10, 1972 AS FILE NO. 302114 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF SAID PARCEL 1, SAID POINT BEING ON A 1955.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, A RADIAL TO SAID POINT BEARS NORTH 83"47'49" EAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE AND ALONG SAID EASTERLY BOUNDARY LINE, THROUGH A CENTRAL ANGLE OF 14°05'11", AN ARC DISTANCE OF 480.64 FEET; THENCE LEAVING SAID BOUNDARY NORTH 82O07' 00" WEST, 30.00 FEET TO A POINT ON THE PROPOSED WESTERLY RIGHT-OF-WAY OF EL CAMINO REAL, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID PROPOSED WESTERLY RIGHT-OF-WAY NORTH 82°58'06" WEST, 106.00 FEET; THENCE SOUTH 07"01'54" WEST, 5.22 FEET; THENCE NORTH 82"58'06" WEST, 20.00 FEET; THENCE NORTH 07°01'54" EAST, 25.22 FEET; THENCE SOUTH 82'58'06'' EAST, 126.22 FEET TO A POINT ON A 310.00 FOOT RADIUS NON-TANGENT CURVE, CONCAVE SOUTHEASTERLY, SAID POINT ALSO BEING A POINT ON SAID PROPOSED WESTERLY RIGHT-OF-WAY OF EL CAMINO REAL, A RADIAL TO SAID POINT BEARS NORTH 81O58'18" WEST; THENCE SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE AND ALONG SAID PROPOSED WESTERLY RIGHT-OF-WAY, THROUGH A CENTRAL ANGLE OF' 00"38'16", AN ARC DISTANCE OF 3.45 FEET TO THE BEGINNING OF A REVERSE 1925.00 FOOT RADIUS CURVE, CONCAVE TO THE NORTHWEST; THENCE CONTINUING ALONG SAID PROPOSED RIGHT-OF-WAY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 00'29'33'' OF 16.55 FEET TO THE TRUE POINT OF BEGINNING. AREA = 2,627 SQUARE FEET PAGE 6 OF 7 CMWD 97-272 3019 EXHIBIT "A" WATER EASEMENT AT PARCEL 1 OF PARCEL MAP NO. 1110 PARCEL E ALL THAT PORTION OF PARCEL 1 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARCEL MAP THEREOF NO. 1110, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO, NOVEMBER 10, 1972 AS FILE NO. 302114 OF OFFICIAL RECORDS, MORE PARTICULARLY AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID PARCEL 1, THENCE NORTHEASTERLY ALONG THE EASTERLY BOUNDARY LINE OF SAID PARCEL 1 NORTH 08'08'55" EAST, 41.00 FEET TO THE NORTHEASTERLY CORNER OF THAT CERTAIN GENERAL UTILITY AND ACCESS EASEMENT TO THE CITY OF CARLSBAD RECORDED ON DECEMBER 31, 1998 ON MAP NO. 13716; THENCE LEAVING THE EASTERLY LINE OF SAID PARCEL I, AND CONTINUING ALONG THE NORTHERLY LINE OF SAID GENERAL UTILITY AND ACCESS EASEMENT, NORTH 81"51'05" WEST, 37.95 FEET TO THE BEGINNING OF A TANGENT 541.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY, SAID POINT ALSO BEING A POINT ON THE PROPOSED WESTERLY RIGHT-OF-WAY OF EL CAMINO REAL; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 09'25'46", AN ARC DISTANCE OF 89.04 FEET TO __ TRUE POINT OF BEGINNING. THENCE LEAVING SAID NORTHERLY EASEMENT LINE NORTH 04O08'03" WEST, 21.15 FEET; THENCE SOUTH 85"51'57" WEST, 15.27 FEET; THENCE NORTH 0E008' 55" EAST, 41.21 FEET; THENCE SOUTH 81"51'05" EAST, 17 .OO FEET: THENCE NORTH 08°08'55" EAST, 20.00 FEET: THENCE NORTH 81'51'05'' WEST, 37 .OO FEET; THENCE SOUTH 08'08'55'' WEST, 71.17 FEET; THENCE SOUTH 04O08'03" EAST, 15.10 FEET TO A POINT ON A 541.00 FOOT RADIUS NON-TANGENT CURVE, CONCAVE SOUTHERLY, SAID POINT ALSO BEING A POINT ON THE NORTHERLY LINE OF SAID GENERAL UTILITY AND ACCESS EASEMENT, A RADIAL TO SAID POINT BEARS NORTH 05"11'36" WEST: THENCE ALONG THE ARC OF SAID CURVE AND ALONG SAID NORTHERLY EASEMENT LINE, THROUGH A CENTRAL ANGLE OF 03'54'45", AN ARC DISTANCE OF 36.94 FEET TO THE TRUE POINT OF BEGINNING. PAGE 7 91-272 .. . .. ', \ ', LOT 2 \ 3023 .. - *. ROAD EASEMENT TO w OF SAN OIEGO pA?$RL Y BOUNDARY LINE OF PARCH I .%WE & ORAINAR EAXMENT REC 3- 12- 70 FB 44690 & 44691 ro couNrr of SAN DIEGO of EL CAMINO REAL MSTERL Y RlGHl- of- WA Y RIGHT-&" WA Y PRWOXO NSTERL Y of El CAMINO REA1 NorE FOR E4SEMENT DAG4 G40LE SEE 50' 200' SCALE 1" = 100' A.P.N. 213-020-14 C.M.W.D. 97-272 I PREPARED BY PATW N. OOAY A,P,N, 213-020-14